Case law

State Ex Rel. Chafin v. Halbritter

191 W. Va. 741 · West Virginia Supreme Court · Jul 21, 1994

In determining whether the subject marital homes constituted marital property, these decisions necessarily assume the existence of situations in which a marital home may not qualify as marital property. … These goals are clearly not realized through the temporary order entered below. The location and demands of Petitioner’s employment require her to reside in or near Charleston.

Dickerson v. State Workmen's Compensation Commissioner

154 W. Va. 7 · West Virginia Supreme Court · Feb 10, 1970

In its opinion, the Appeal Board stated: The evidence clearly establishes that the lost time involved in this case and for which total temporary disability payments were made under the provisions of Code 23-4-6(a) resulted … However, the “mistake” by which the commissioner would justify the setting aside of this award was in the nature of additional medical testimony qualifying the evidence he had before him at the time he made the alleged mistake

Hays v. Harris

73 W. Va. 17 · West Virginia Supreme Court · Oct 21, 1913

Heal and Kinnard Snodgrass his executors, and they qualified as such, and have fully administered the estate. … distinct from section three and relating to trusts created for the benefit of churches, religious sects, societies, congregations or denominations, as a place of worship or burial, or as a residence for a minister; and it clearly

Fowler v. Lewis's Adm'r

36 W. Va. 112 · West Virginia Supreme Court · Feb 12, 1892

Rep. 281) is clearly not applicable. An attorney was employed to defend in a state court a suit to set aside a deed of land. … The Chief Justice said that immunity from the decree was claimed because the bankrupt act made the jurisdiction of the United States courts exclusive in such cases, and said: “We thus have jurisdiction, but, as the decision

Damron v. Haines

223 W. Va. 135 · West Virginia Supreme Court · Jan 9, 2009

This Court has held that, “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further pi'osecution where a court having jurisdiction has acquitted the accused. … In that regard, the evidence established that the building that was burned contained apartments on the second floor.

STATE EX REL. EI DUPONT v. Hill

591 S.E.2d 318 · West Virginia Supreme Court · Dec 9, 2003

That clearly did not happen in this case. … It seems obvious to me that once a plaintiff has established that a defendant has exposed its neighbors to a substantial risk of contamination, the company should have to pay to determine if the neighbors' land is safe.

McGee v. McGee

214 W. Va. 36 · West Virginia Supreme Court · Jun 17, 2003

Nonetheless, courts elsewhere have established some broad guidelines that can assist our trial courts in crafting systems to divide pension rights. … Our review of the lower court’s factual finding is based upon a clearly erroneous standard; under these circumstances, this Court cannot conclude that the family law master and circuit court were clearly wrong in their factual

Belcher v. Wal-Mart Stores, Inc.

211 W. Va. 712 · West Virginia Supreme Court · Jul 11, 2002

in the subject matter; however, a bad motive will defeat a qualified privilege defense. … Clearly Mr. Belcher couldn't gain any satisfaction from the empty threat of taking his business elsewhere. Filing suit was essentially his only means of redress. In my view, Mr.

State of West Virginia v. Anthony Devaughan Johnson

West Virginia Supreme Court · Oct 17, 2022

However, petitioner offers nothing to establish that the jury was improperly influenced by its proximity to decedent’s family. … Further, petitioner failed to qualify Wheeler as an expert in blood spatter.

Redman v. Community Hotel Corp.

76 S.E.2d 759 · West Virginia Supreme Court · Jul 21, 1953

This being true, it necessarily follows that where the evidence produced on the trial clearly establishes defendant was in no manner negligent in respect to the facts which gave rise to the inference, there remains no question … contributory negligence has been so established.

Mountain America, LLC v. Huffman

224 W. Va. 669 · West Virginia Supreme Court · Nov 25, 2009

facts establishing unreasonableness or arbitrariness.” … Rather, a landowner must establish a history of unequal treatment of similarly-situated property.

Kyle v. Kyle

197 W. Va. 252 · West Virginia Supreme Court · Jul 5, 1996

The Plaintiff wasted the Court’s time on the fault issue she failed to establish as a grounds for divorce and the Defendant wasted the Court’s time on the issue of child custody. … In syllabus point 3 of the same case, the Court further explained reversal under the clearly erroneous standard.

Kearns v. Roush

106 W. Va. 663 · West Virginia Supreme Court · Feb 12, 1929

This rule is ancient, and well established. … He had her interests uppermost in his mind at the execution of the first paper as the prefatory words “Believing that I am in duty bound to make a will to protect my wife and family” clearly show.

In re J.M., M.M., D.M., and W.M.

West Virginia Supreme Court · Nov 10, 2021

Among the evidence presented was testimony from Megan Mebane of Q-Labs, who was qualified as an expert in the field of toxicology. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State v. Hamric

151 W. Va. 1 · West Virginia Supreme Court · Jul 15, 1966

The evidence relative to the shooting which resulted in the death of Glenn Winters clearly presents a question for jury determination. … This evidence was apparently an attempt to establish motive which is not necessary in a case of this kind. 1 Wharton’s Criminal Law and Procedure, §64; 9 M.J., Homicide, §83.

Bischoff v. Francesa

133 W. Va. 474 · West Virginia Supreme Court · Dec 6, 1949

The words “any other costs or expenses” are qualified, not only by the words “shall pay”, appearing earlier in the contract, but by the words “on said work”. … We are of opinion that defendants have not sustained the burden of proof of establishing the modification of the contract.

Rosier v. Rosier

227 W. Va. 88 · West Virginia Supreme Court · Nov 23, 2010

However, this general rule is qualified and the burden is shifted where a fiduciary relationship exists. Syl. Pt. 1, Work . … Thus the question we consider is whether the establishment of the joint accounts in the name of Stearl Rosier and the appellee constituted a gift of that money, or whether the joint account was established for some other

SER Jane Doe-1 v. Hon. Gray Silver III, Judge

West Virginia Supreme Court · Jun 16, 2015

To qualify for payment from Supreme Court funds, a guardian ad litem must be appointed on behalf of an incompetent who is indigent. See T.C.R. 21.05. … Bottner as Jensen’s attorney ad litem, was clearly erroneous as a matter of law. Mr.

Thomas v. Gray Lumber Co.

199 W. Va. 556 · West Virginia Supreme Court · Apr 16, 1997

Although the facts of the present case suggest that Reed, Patton & Associates qualifies as an owner-builder, in this Court’s view the facts are inconclusive. … The Court notes that W.Va.Code § 55-2-6a establishes a separate limitations period for defects in builder’s construction of improvements on real property.

State of West Virginia ex rel. Juan M. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex

West Virginia Supreme Court · Apr 5, 2023

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … Trial counsel developed a theory of the case that was not inherently unreasonable nor one that “no reasonably qualified defense attorney would have so [employed] in the defense of an accused.” Syl.