Case law

Sale Ex Rel. Sale v. Goldman

208 W. Va. 186 · West Virginia Supreme Court · Jul 20, 2000

Recently, a unanimous Supreme Court in Lanier reiterated the principles established in Screws and Guest . … Because such provisions would not be impermissibly vague under the majority's analysis, the statutes would be immune from both substantive and vagueness challenges.

State of West Virginia v. Jeremy Lambert

236 W. Va. 80 · West Virginia Supreme Court · Sep 17, 2015

Bernstein 28 qualified as an expert under Rule 702 of the West Virginia Rules of Evidence,25 and that he could render an opinion on the defense of diminished capacity. … The grounds for objections at trial are clearly not the grounds assigned on appeal. Consequently, we find this issue is also waived. See State v. Browning, 199 W.

Peters v. Narick

270 S.E.2d 760 · West Virginia Supreme Court · Oct 2, 1980

(Emphasis supplied) It is less than clear what previous cases establish the rule as articulated. One might infer that if previous cases did in fact, establish the rule in this form they would have been cited. … The denial of these rights to properly qualified persons by reason of ... sex, ... is contrary to the principles of freedom and equality of opportunity and is destructive to a free and democratic society."

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

West Virginia Supreme Court · Jun 13, 2023

We apply the following standard: In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … 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.

Crain v. Bordenkircher

176 W. Va. 338 · West Virginia Supreme Court · Mar 27, 1986

Clearly the Class I offenses are those that jeopardize the safety of the institution and its inmates and other personnel and would permit prehear-ing segregation under Tasker . … We will hold the Department to that promise, but will not establish such frequency as a constitutional minimum. E.

State v. Zeigler

40 W. Va. 593 · West Virginia Supreme Court · Apr 13, 1895

If the state would elevate it to murder in the first degree, she must establish the characteristics of that crime; and, if the prisoner would reduce it to manslaughter, the burden of proof rests upon him to establish the … The evidence clearly established that the petitioner acted strictly in self-defense, and the homicide was therefore excusable.

State v. Collins

174 W. Va. 767 · West Virginia Supreme Court · Jan 21, 1985

Griffith, 160 W.Va. 680 , 238 S.E.2d 529 (1977), that: “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction … The rule of statutory construction noted in Whalen is not a constitutional rule requiring courts to negate clearly expressed legislative intent.

In re J.E.

West Virginia Supreme Court · May 14, 2025

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The record quite clearly establishes that the parties’ litigation in family court was contentious.

State ex rel. Allstate Insurance v. Gaughan

203 W. Va. 358 · West Virginia Supreme Court · Jul 14, 1998

The minority rule was clearly articulated in Dunn v. … The question remains, however, to what extent documents in an insurance claim file can qualify for work-product protection.

State v. Collins

186 W. Va. 1 · West Virginia Supreme Court · Aug 2, 1991

Micke, supra (audit investigation by IRS did not qualify as a proceeding under Rule 801(d)(1)(A)); United States v. … Moreover, venue does not need to be established by direct testimony, but can be proved by circumstantial evidence. Burton, 163 W.Va. at 58 , 254 S.E.2d at 140 .

Ensminger v. Peterson

53 W. Va. 324 · West Virginia Supreme Court · Apr 18, 1903

This is qualified by the further statement in that connection, “And a contract to *335 sell buy farm’ or ‘the mill’ is sufficiently certain if it appears that the vendor has hut one such building or tract of land/’ so that … The evidence relating to the agency of the said Tucker for the defendant Peterson, was also contradictory, but I deem the question of agency as immaterial even though it were well established by the evidence, as the contract

Frampton v. Consolidated Bus Lines, Inc.

134 W. Va. 815 · West Virginia Supreme Court · Oct 31, 1950

Clearly, in the sense that matters brought to the attention of the jury on a view of the premises, the view is evidence. … The words “proximate cause” in the instant instruction, in order not to be misleading, should be qualified by the word “sole” or some other clarifying word.

State v. Patko

97 W. Va. 298 · West Virginia Supreme Court · Oct 7, 1924

It does not clearly appear that the cap fitted the boiler, but it is designated as the cap to this boiler. … The possession of the boiler, with a cap and. worm within easy access, and the actual finding of moonshine liquor secreted near by was intended to accentuate and establish -the charge that the mash was to be used for an unlawful

State Ex Rel. Hamstead v. Dostert

173 W. Va. 133 · West Virginia Supreme Court · Mar 9, 1984

If the evidence does not establish probable cause, the defendant shall be discharged.... … There are other practical problems with the rule this court establishes today.

Barbara J. Marstiller v. W. VA. United Health Systems

West Virginia Supreme Court · Mar 24, 2016

Marstiller did not establish by a preponderance of the evidence that the diagnoses dealing with the lumbar spine were causally related to the compensable injury. … Marstiller had not established that any part of her case was extraordinary or qualified for prolonged treatment under West Virginia Code of State Rules § 85-20-4.1 (2006). The Office of Judges noted that in light of Ms.

Baltimore & Ohio R. R. v. Supervisors & Sheriff of Marshall County

3 W. Va. 319 · West Virginia Supreme Court · Jan 15, 1869

Nor does the word general, or the phrase “general taxation,” as used in the act, qualify the right of taxation or limit it to a particular kind of taxation t The petitioner claims such limitation, and that if it be liable … this, that any ambiguity in the terms of the contract must operate against the adventurers and in favor of the public, and the plaintiff can claim nothing that is not clearly given them by the act.”

Jordan v. Roberts

161 W. Va. 750 · West Virginia Supreme Court · Jul 11, 1978

specifically denied being advised that the refusal to take the test would result in a suspension of his license, and this was directly controverted by the arresting officer, we cannot conclude that the Commissioner was clearly … his assent to take the test on factors that are extraneous to the procedures surrounding the test, proof of refusal is sufficiently established.

State v. Elswick

225 W. Va. 285 · West Virginia Supreme Court · Apr 1, 2010

The jury, a qualified panel of jurors was here, heard the entire case, there was no reason for me to throw a jury.” … In Jessie , this Court reiterated that the methodology for assessing such allegations was clearly established by this Court in State v.

In Re State Ex Rel. Eplin

132 W. Va. 610 · West Virginia Supreme Court · Mar 29, 1949

That a trial court, having criminal jurisdiction, has the discretion to permit the withdrawal of a plea of guilty, upon proper showing, is well established in this and other jurisdictions. … If the petition for the withdrawal of the plea had been addressed to a duly qualified special judge or the regular judge of the Intermediate Court and refused, through an abuse of judicial discretion, a writ of error would

Moss v. Moss

88 W. Va. 135 · West Virginia Supreme Court · Mar 8, 1921

Va. 763 , relied on by plaintiff, is clearly distinguishable from this in the exclusiveness of the donee’s possession and her substantial contribution to the valuable improvements made on the property. … His eon- *146 tention as to the admissibility of parol testimony to establish such a trust is undoubtedly sound. Currence v. Ward, 43 W. Va. 367 .