Case law

State Ex Rel. Clark v. Adams

144 W. Va. 771 · West Virginia Supreme Court · Nov 17, 1959

It also clearly appears that the attorney who *775 represented the petitioner was fully qualified, by training and experience, to represent the petitioner in the criminal proceeding, that he consulted with the petitioner … It is well established by the decisions of this Court that a person serving a sentence in a penitentiary, who seeks relief by habeas corpus on the ground that the appointment by the court of an alleged incompetent attorney

W. E. Long Co.-Independent Bakers' Cooperative v. Burdett

147 W. Va. 177 · West Virginia Supreme Court · Jun 26, 1962

secretary of state; and on that date that company sent a letter to the secretary of state confirming the reservation and stating that “it is a matter of importance that this trade-mark be held for the company until it can qualify … That the petitioners have complied with and satisfied the statutory requirements is established by the undisputed facts stipulated between the parties.

State Ex Rel. Shelton v. Painter

221 W. Va. 578 · West Virginia Supreme Court · Dec 20, 2007

Strickland establishes a minimum standard for trial counsel in criminal representation. … Clearly the evidence of guilt of the appellant in committing a homicide is overwhelming. Even counsel admitted in closing that “...

State of West Virginia v. Marcus Patrele McKinley

234 W. Va. 143 · West Virginia Supreme Court · Sep 29, 2014

McKinley contends that this evidence should have been excluded because Trooper Ellison “was not qualified as an expert.” We disagree. … Move to strike unless they’re going to qualify him in the field of blood splatter evidence or — The trial court overruled the objection.

Michael Todd Cox v. David Ballard, Warden

West Virginia Supreme Court · Apr 25, 2014

Following the conviction, the State filed a recidivist information in case number 09-F-50, alleging that petitioner had at least two prior qualifying convictions and that his sentence in 08-F-65 should be enhanced to life … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State of West Virginia v. Jason C.

West Virginia Supreme Court · Jul 19, 2021

Sept. 28, 2016) (“MV-1 was under 18 in October 2015, and thus qualifies as an underage victim to whom Rule 412’s protections are especially important.”); People v. … Rather, establishing inherent incredibility “require[s] a showing of ‘complete untrustworthiness[.]’” Id. (citation omitted).

Wiggin v. Marsh Lumber Co.

77 W. Va. 7 · West Virginia Supreme Court · Oct 26, 1915

Nor does any proof establish the claim of credit for injury caused to lumber stacked ready for delivery to plaintiff at Surveyor. Indeed, the quantity so ricked is not definitely shown by any testimony. … Under the evidence adduced upon the trial and certified here, he clearly was entitled to more than that amount. Upon what it was based we fail to apprehend.

Larry A. Clement v. David Ballard, Warden

West Virginia Supreme Court · Nov 3, 2014

We have said, In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … David Clayman, a qualified clinical . . . psychologist to review the criminal reports, statements[,] audio and video tapes[,] and FMRS records from two (2) allege [sic] victims.

Lewis v. Dils Motor Company

148 W. Va. 515 · West Virginia Supreme Court · Apr 7, 1964

We cannot *601 find any basis for qualifying or limiting coverage as to "any person," whether an employee or not an employee, actually using an automobile covered by the policy with the "permission" of the named insured. … If it is found to be ambiguous, the rules applicable to that type of instrument are used to ascertain the meaning of the parties and if the instrument *602 contains irreconcilable provisions the rules are equally well established

City of Wheeling v. Campbell

12 W. Va. 36 · West Virginia Supreme Court · Nov 17, 1877

The answer is: “we are clearly of opinion he had not. … or other local authorities established to manage the affairs of the political subdivisions of the State.”

Young v. McIntyre

223 W. Va. 60 · West Virginia Supreme Court · Dec 10, 2008

Clearly it was the intent of the parties to liquidate the marital asset and disburse the funds equally. … Andrew Young qualified as the administrator of the estate on or about August 7, 2006. 3 .

Cooper v. P. C. & St. L. R. Co.

24 W. Va. 37 · West Virginia Supreme Court · Apr 19, 1884

The rule applies to every establishment. … No member oí an establishment can maintain an action against the master for an injury done to him by another member of that establishment, in respect to which, if lie had been a stranger, he might have had a right of action

Marfork Coal Co. v. Callaghan

215 W. Va. 735 · West Virginia Supreme Court · Mar 15, 2004

Under the provision of the Act at issue, the purpose of the show cause hearing is to provide the surface mine permittee the opportunity to demonstrate why the selected violations do not qualify as a “pattern;” 15 that the … They clearly do not evidence the type of “extra-judicial” involvement or bias which signals possible due process violations under Morris. Id.

State v. Hardesty

194 W. Va. 732 · West Virginia Supreme Court · Jul 19, 1995

On 12 July 1993, the informant paid a visit to The Office Bar in Kingwood, an establishment operated by the appellant. … The appellant fails to specifically establish harm arising from the court's decision overruling the objection to the transcripts.

In Re Cesar L.

221 W. Va. 249 · West Virginia Supreme Court · Oct 25, 2007

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Indeed, the threshold for establishing duress and fraud in the context of the relinquishment of parental rights is extremely high.

Perkins v. Monongahela Valley Traction Co.

81 W. Va. 781 · West Virginia Supreme Court · Mar 5, 1918

Even if we concede the right of the defendant to have such a physical examination in a proper case, which question we do not now pass upon, we are clearly of the opinion that the defendant did not'present such a. case to … condition; also whether said injury was permanent in its nature, and how far it is calculated to disable the plaintiff from engaging in those pursuits and occupations for which, in the absence of said injury, he would have been qualified

Wolfe v. Welton

210 W. Va. 563 · West Virginia Supreme Court · Jan 14, 2002

With respect to Rule 16.11(b) of the Trial Court Rules, we note that it is a part of the standards established by this Court to promote the timely disposition of cases and does not operate to limit the jurisdiction of the … The current bond form should be promptly revised to clearly state that it operates also as the required "notice of appeal.”

Smithson v. United States Fidelity & Guaranty Co.

186 W. Va. 195 · West Virginia Supreme Court · Nov 22, 1991

This position is clearly untenable and can not be given judicial sanction. … The opinion evidence of a witness so qualified is admissible but its weight and its credibility Eire questions for the jury.” 13 . In Syllabus Point 2 of State v.

Hoylman v. Kanawha & Michigan Ry. Co.

65 W. Va. 264 · West Virginia Supreme Court · Mar 2, 1909

“Even in jurisdictions where the mere act of alighting from a moving railroad train or street car is not considered negligence per se, it is well recognized that cases sometimes arise in which the facts are so clearly established … Afterwards Houchins qualifies this statement by the statement that when he saw Porter the train was moving.

State v. Snodgrass

181 W. Va. 219 · West Virginia Supreme Court · Jun 9, 1989

The wallet did not clearly link Snodgrass to the crime. By admitting the wallet, containing $53, into evidence, Fincham’s credibility was undermined. … Appellate counsel contends that the record below clearly establishes that trial counsel’s failure to suppress the wallet, and trial counsel’s questioning of the investigating police officer (wherein the officer testified