Case law

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.

Ronnie L. Gunther v. Donnie Ames, Superintendent

West Virginia Supreme Court · Nov 8, 2019

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … We note that in cases involving guilty pleas “the prejudice requirement of the two- part test established by Strickland v.

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.

State v. Rush

108 W. Va. 254 · West Virginia Supreme Court · Nov 26, 1929

An accused is entitled to a panel of twenty legally qualified jurors, “free from exception”, Code Chapter 159, section 3. An exception, however, as contemplated by the statute, must be real and not inconsequential. … Where a juror’s answers are so unequivocal and satisfactory as to convince the trial judge of the juror’s fairness and impartiality, it is the settled practice not to interfere with the court’s finding, unless clearly against

Aaron W. v. Evelyn W.

West Virginia Supreme Court · Nov 12, 2024

clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” … This Court has explained that, “[g]enerally, an order qualifies as a final order when it ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Guido v. Guido, 202 W.

Bowers v. Wurzburg

205 W. Va. 450 · West Virginia Supreme Court · Jul 9, 1999

The parties represent that none of the nonresident defendants, Ito, SEJ, or IYG, are qualified to do business in this State. 10 . Paragraph (1) of W. Va. R. Civ. … If the issue involves a traditionally settled area of law, such as contracts or property as distinguished from torts, and the new rule was not clearly foreshadowed, then retroactivity is less justified.

Hodge v. Sands Manufacturing Company

151 W. Va. 133 · West Virginia Supreme Court · Oct 25, 1966

In the Coral Pools case, which also involved the contract liability of a nonresident foreign corporation, *140 this Court held that when a foreign corporation which has not qualified to do business in this State in compliance … A trend is clearly discernible toward expanding the permissible scope of state jurisdiction over foreign corporations.

State ex rel. Neider v. Reuff

29 W. Va. 751 · West Virginia Supreme Court · Jun 25, 1887

The burden was upon the respondent to aver, and if denied, to establish, the facts to warrant the detention of the child. … If this recital is to be treated as a distinct allegation that she was insane, and the same is to be held as admitted to be true, then the judgment of the Circuit Court was clearly right.

Gant v. Gant

174 W. Va. 740 · West Virginia Supreme Court · Apr 12, 1985

An employer can provide a pension for a worker and his or her spouse, but he must know in advance how many claimants will qualify for benefits. … Furthermore, it clearly appears from the court’s order that these “alimony” payments were not traditional, judicially decreed alimony because there was no right to apply for modification.

In Re Samantha M.

205 W. Va. 383 · West Virginia Supreme Court · Jul 15, 1999

About the hearsay nature of the evidence, even the attorney for Samantha had stated: [M]y position is that you have a person who, as far as we know, is not qualified to interpret a psychological report giving a one sentence … Rather clearly, the procedure discussed in Scritchfield was not followed in the present case. .

State Ex Rel. Stump v. Johnson

217 W. Va. 733 · West Virginia Supreme Court · Jul 13, 2005

Certainly, they meet the test we established in Syllabus Point 1 of Blower v. W. Va. Educ. … (Emphasis added) This Code provision neither limits nor Otherwise qualifies the manner in which the criminal conviction occurred before the Commissioner’s duty to revoke a driver’s license is triggered.

Payne v. Gundy

196 W. Va. 82 · West Virginia Supreme Court · Feb 15, 1996

In any event, a careful review of the testimony at trial reveals that, the appellee’s general denial notwithstanding, the appellant was clearly struck or beaten by the appellee in 1990 and in October 1991, as the appellant … Const, amend XIV, § 1: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without

Columbia Gas of Maryland, Inc. v. Board of Public Works of the State

194 W. Va. 75 · West Virginia Supreme Court · Jun 15, 1995

As Appellee explains, to permit assessment of Appellants’ stored gas dependent upon the location in which it is stored would eviscerate the objective in establishing the Board in the first instance. … “Interpretations of statutes by bodies charged with their administration are given great weight unless clearly erroneous.” Syl.Pt. 4, Security Nat’l Bank & Trust Co. v. First W.Va.

State v. Harden

62 W. Va. 313 · West Virginia Supreme Court · Jun 8, 1907

The prior one is as clearly to be inferred. Both would be alike implied in the absence of the provision as to paying over. … The broad discretion vested in the county court, is given in these words, “to determine whether the ferry ought to be established or not.” In Ferry Co. v.

Jameson v. Myles' Exor.

7 W. Va. 311 · West Virginia Supreme Court · Feb 27, 1874

That the appellant should, under the circumstances of this case, be allowed at least the gold value of the Confederate money, is clearly just and equitable, and in accordance with the principles established in the case of … This was clearly the meaning and purpose of the testator in this case.

State v. Friend

100 W. Va. 180 · West Virginia Supreme Court · Oct 20, 1925

On the other hand, evidence was introduced by the State in rebuttal, tending to establish the prosecutrix’s reputation for truth. … to establish such defense, if not equivalent instruction on the subject is given”.

State of West Virginia v. Moul

West Virginia Supreme Court · Jan 18, 2022

intended to qualify the requirement that a motorist use a turn signal to those occasions where others could be affected by the turning vehicle. … In my view, the petitioner’s motion to suppress should have been granted because the stop of his vehicle was clearly pretextual.

TURNER EX REL. TURNER v. Turner

223 W. Va. 106 · West Virginia Supreme Court · Dec 30, 2008

Furthermore, removal and preemption are two distinct concepts, and the fact that a claim may be preempted does not necessarily establish that it is covered by federal question jurisdiction. … According to 29 U.S.C. § 1132 (a)(7), “A civil action may be brought — (7) by a State to enforce compliance with a qualified medical child support order (as defined in section 1169(a)(2)(A) of this title)[.]” .

Ward v. Brown

53 W. Va. 227 · West Virginia Supreme Court · Apr 18, 1903

Brown qualified but Mr. Knight did not. … It is objected that the court erred in directing the issue before the establishment by proof that the plaintiffs are heirs of the testator.

Casdorph v. Casdorph

194 W. Va. 490 · West Virginia Supreme Court · Jul 13, 1995

Clearly, there would seem to be a moral duty for any responsible parent with the ability to assist in the support of his or her disabled child to do so. The legal issue, however, is more difficult. … Schlaegel, 185 W.Va. 56 , 404 S.E.2d 545 (1991), we held that “[t]he awarding of support for adult children who meet the criteria established in James G. v.