Case law

Calvert v. Scharf

217 W. Va. 684 · West Virginia Supreme Court · Jun 30, 2005

transaction between [the lawyer] and the testator intended to accomplish was to provide for the transfer of property to [the beneficiaries]; the damage to [the beneficiaries] in the event of invalidity of the bequest was clearly … Instead, they suggest that merely establishing that they were sued in the declaratory judgment action should be sufficient to establish proximate cause. We reject this position.

State v. Mills

221 W. Va. 283 · West Virginia Supreme Court · Oct 25, 2007

The decision in Beckett establishes two ways in which a prospective juror may be struck for cause. … After additional questioning by the court, however, she qualified her answer.

Cunningham v. Herbert J. Thomas Memorial Hospital Ass'n

230 W. Va. 242 · West Virginia Supreme Court · Nov 20, 2012

Fogle, the contract between Delphi and Thomas Hospital expressly specified that Delphi would “solicit and recruit qualified physicians.” The evidence established that Delphi pre-screened Dr. … Nevertheless, the evidence before the court at the summary judgment stage clearly established that Dr. Fogle was recruited and hired by Delphi.

State of West Virginia v. William B. Shingleton

237 W. Va. 669 · West Virginia Supreme Court · Mar 24, 2016

Phillips was qualified as an expert in the field of pediatrics and child abuse and neglect. … In short, the State’s evidence clearly indicated that the petitioner knew that he was regularly downloading a certain amount of child pornography.

Knotts v. Nelson

West Virginia Supreme Court · Sep 27, 2021

On May 1, 2006, decedent’s will was admitted into probate in Clay County, and petitioner and respondent were qualified as co-executrixes of their mother’s estate. … Accordingly, the record clearly supports the county commission’s decision to require petitioner to pay the fees and expenses billed to petitioner by Mr.

Peabody Ins. v. Wilson & Beasley

29 W. Va. 528 · West Virginia Supreme Court · Apr 9, 1887

The notary’s statement in the protest, that he notified the endorsers is qualified, by specifying the notices to them at New Albany. The bill was drawn, endorsed and payable in Ohio. … In the case of an endorser it would clearly" be insufficient to send notice to the place where the bill or note is dated without showing something more.

State of West Virginia ex rel. West Virginia Division of Corrections and Rehabilitation v. Honorable Alfred E. Ferguson, Judge of the Circuit Court of Cabell County, West Virginia and Mary Jane Comas, as Administratrix of the Estate of Deanna R. McDonald

West Virginia Supreme Court · Jun 8, 2023

Negligence of Doe and the agency defendant violated clearly established rights of Ms. … McDonald and violated clearly established law with respect to training, supervision, discipline, employment and retention of the individual defendants which was a proximate cause

State v. David D. W.

214 W. Va. 167 · West Virginia Supreme Court · Apr 21, 2003

Clearly, time is not an element of the offenses with which the appellant was charged. See State ex rel. State v. Reed, 204 W.Va. 620 , 523, 514 S.E.2d 171, 174 (1999). … While actual dates and times were never established, as we explained above, such evidence is not required.

State Ex Rel. Cooper v. Caperton

196 W. Va. 208 · West Virginia Supreme Court · Feb 29, 1996

Rather, “even when the trial judge adopts proposed findings verbatim, the findings are those of the court and may be reversed only if clearly erroneous.” Anderson v. … The Authority and its responsibilities are established in W.Va.Code, 20-5C-1, et seq. 2 . The Council was created and given authority in 1994 pursuant to W.Va.Code, 31-15A-1, et seq. 3 .

Dilcher v. Dilcher

83 W. Va. 135 · West Virginia Supreme Court · Nov 15, 1918

To relieve Henry of liability for the unpaid indebtedness, under these circumstances, would be clearly unjust and inequitable. … In a qualified sense, he has assumed that debt and Henry is equitably bound to allow him to apply his share of the rents' to the payment thereof.

State of West Virginia ex rel. West Virginia Division of Corrections and Rehabilitation v. Honorable Alfred E. Ferguson, Judge of the Circuit Court of Cabell County, West Virginia and Mary Jane McComas, as Administratrix of the Estate of Deanna R. McDonald

West Virginia Supreme Court · Jun 8, 2023

Negligence of Doe and the agency defendant violated clearly established rights of Ms. … McDonald and violated clearly established law with respect to training, supervision, discipline, employment and retention of the individual defendants which was a proximate cause

State Ex Rel. Myers v. Painter

213 W. Va. 32 · West Virginia Supreme Court · Dec 6, 2002

Claims of ineffective assistance of counsel are governed by the two-prong test established in Strickland v. … The Court adopted Trial Court Rule XVII [1993] to establish a formal system for the disqualification and temporary assignment of judges. 5 The rule established that motions by a party to disqualify a judge must be in the

Jett v. Leverette

162 W. Va. 140 · West Virginia Supreme Court · Sep 22, 1978

I cannot agree, however, that the functional difference between them are relevant for the purposes of the underlying principles established in Conner v. Griffith, W.Va., 238 S.E.2d 529 (1977). … ordinary citizen looks at the government which restrains as a punishment for crime, he would see but a unitary form, not those studied distinctions between judicial and executive branches or those other distinctions seen so clearly

McConiha v. Guthrie

21 W. Va. 134 · West Virginia Supreme Court · Dec 9, 1882

The rule seems to be well established that, where the inferior court has, originally, jurisdiction of the cause, prohibition will lie only in cases where such court, dming the conduct of the trial, clearly exceeds its proper … The said 41st section of tire act of 1873, is special and qualified in its terms.

State v. Roberts

136 W. Va. 391 · West Virginia Supreme Court · Dec 20, 1951

But does the evidence establish that the crime was committed in the presence of the officer? … In these circumstances the violation was clearly in the presence of the officer. This being true, the officer was justified in searching the automobile then under the control of Roberts and being illegally used.

John J. v. Dennis Dingess, Warden

West Virginia Supreme Court · Apr 7, 2017

Therefore, petitioner clearly fails to prove beyond a preponderance of the evidence that trial counsel’s strategy was so ineffective that no reasonably qualified defense counsel would have so acted. … Moreover, in the narrowed window of “the summer of 2008,” the victim—who was then seven years old—was clearly under the age of twelve.

Gilmer's Adm'r v. Baker's Adm'r

24 W. Va. 72 · West Virginia Supreme Court · Apr 19, 1884

It is, therefore, clearly admissible not only against him but against his sureties as such administration 1 Gr. Ev. secs. 174, 178, 179, 180; Cavendish v. Fleming, 3 Munf 198; Swope v. … But the General Assembly of Virginia on April 6, 1839, before Berry qualified as administrator cfe bonis non of Baker, passed an act which is conclusive on this question.

Slifer v. Howell's Admr.

9 W. Va. 391 · West Virginia Supreme Court · Sep 9, 1876

In the progress of the trial, various instructions were asked for by the defendant, some of which were given, as asked, ami others qualified, and so given. … Toler, 11 Wheaton 258 , this language is contained in the' charge given by the circuit court to the jury, and is approved by the Supreme Court: “The rule is now clearly settled to be, that when the contract grows immediately

Robert D. Toler v. Cornerstone Hospital of Hungintgon, LLC

West Virginia Supreme Court · Jun 15, 2023

Apr. 29, 2019) (adopting new provision establishing criteria for waiver of peer review privilege). … Provided, That information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely

Acme Food Co. v. Older

64 W. Va. 255 · West Virginia Supreme Court · Mar 31, 1908

Then he may clearly sue for the purchase price. … Bennett , Morton, Judge, said: “The rule seems to be pretty clearly established that the measure of damages in such a case is the difference between the market value of the goods at the time and place of delivery and the