Case law

PNGI Charles Town Gaming, LLC v. Reynolds

229 W. Va. 123 · West Virginia Supreme Court · Nov 18, 2011

Va.C.S.R. where “the context clearly requires a different meaning.” … When a person is excluded from a racetrack or is suspended, he or she is not qualified, whether acting as agent or otherwise, to subscribe for, to enter or run any horse in any race either in his or her own name or in that

Tankovits v. Glessner

211 W. Va. 145 · West Virginia Supreme Court · Apr 5, 2002

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. … The BP and Dairy Queen establishments were constructed on the land in 1980, a year before the real estate was first leased to Windmill. .

Akers v. West Virginia Department of Highways

188 W. Va. 698 · West Virginia Supreme Court · Jan 25, 1993

Appellee qualified as a “communicator,” according to the Department, because he was the “front line man and representative of the Department in Wayne County” and as such was required to respond to the maintenance complaints … The Department clearly failed to meet the following test established in Elrod for the permissible encroachment on a public employee’s First Amendment right: In short, if conditioning the retention of public employment on

State Ex Rel. Peck v. City Council of Montgomery

150 W. Va. 580 · West Virginia Supreme Court · Jun 14, 1966

This matter is clearly stated in the third point of the syllabus of the Pridemore case, wherein it is said: “In the absence of the adoption of an ordinance by the governing body of a municipality, or a charter provision to … Clerk of the county court of the county wherein the municipality is located, does not deprive them of the right to vote in a municipal election held in the municipality in which they reside, and in which they are otherwise qualified

Niland v. Monongahela West Penn Public Service Co.

125 W. Va. 231 · West Virginia Supreme Court · Dec 15, 1942

We think the testimony clearly preponderates in favor of defendant’s contention that the warning signals were given at the time the Grant sedan approached the crossing. … It is unequivocally established that the work car was not being operated at a fast rate of speed.

Sutherland v. Miller

79 W. Va. 796 · West Virginia Supreme Court · Mar 13, 1917

It reads: “At any time within sixty days after any primary or other election, the attorney general, any prosecuting attorney, any candidate voted for at such election, or any one hundred qualified voters, upon giving bond … They do not inaugurate or *807 establish the public policy of the state. That would be an infringement of article five of the constitution.

State v. O'DONNELL

189 W. Va. 628 · West Virginia Supreme Court · Jul 22, 1993

Clearly, the letter contains several statements against interest, 9 the combined effect of which is not only to suggest that Mrs. … The evidentiary significance of an admission against interest is that, rather than qualifying as merely impeachment in nature, it is independent substantive evidence. 58 Am.Jur.2d New Trial § 437 (1989).

MacLay v. Jones

208 W. Va. 569 · West Virginia Supreme Court · Dec 1, 2000

Common Law Privilege .Turning first to the issue of whether a common law privilege exists, Defendants acknowledge that West Virginia is not among the group of states that have chosen to recognize a qualified privilege for … After thoroughly considering the arguments relative to the establishment of a privilege that would protect law enforcement investigatory materials from disclosure, we find no compelling need for the establishment of such

Patrick J. Meckling v. Marvin Plumley, Warden

West Virginia Supreme Court · Jun 2, 2017

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 … Therefore, under the facts and circumstances of this case, we conclude that petitioner’s prior proceeding in Meckling qualifies as an omnibus habeas corpus proceeding under syllabus point two of Losh.

State Road Commission v. Curry

155 W. Va. 819 · West Virginia Supreme Court · Mar 28, 1972

It is true that the portions of the bond relating to the conditions thereof are not precisely and exactly worded in the language of the statute, but the bond, when *636 read and considered in its entirety, clearly discloses … minerals, timber and surface *639 is inadmissible in evidence to prove the market value of the property taken, but such different elements contained in, on or under the land or property taken may be considered by competent or qualified

State Ex Rel. Hechler v. Christian Action Network

201 W. Va. 71 · West Virginia Supreme Court · Jul 16, 1997

Code, 22-19-5 [1992], Clearly not included in the above list of information in W. Va. … Code, 29-19-8 [1992] clearly limits the Secretary of State’s review to “[organizations applying for registration[.]”

State of West Virginia v. James B.

West Virginia Supreme Court · Nov 14, 2016

The circuit court also determined that respondent established by a preponderance of the evidence that the “acts did, in fact, happen” and the victim’s testimony was also permissible under 404(b) because the testimony showed … on that point will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.”

Ewing v. Lanark Fuel Co.

65 W. Va. 726 · West Virginia Supreme Court · Jun 11, 1909

He may not have shown himself very well qualified as an expert to testify on the subject; but the jury was competent to weigh and consider such testimony, and to give to it such value only as it merited, and no doubt did … In other words, the fact that the servant was a minor does not enlarge his rights, whore it is once established that he understood the danger.”

Schwartz v. County Court of Hancock County

136 W. Va. 626 · West Virginia Supreme Court · Dec 11, 1951

Article 1 thereof establishes a state board of health, sometimes designated by the chapter as state public health council, makes it a corporation, and defines its powers and duties. … It clearly appears that the defendant paid unto the petitioner, as county health officer for Hancock County, a salary of $4,200.00 for the fiscal year beginning July 1, 1950.

Tanner v. Rite Aid of West Virginia, Inc.

194 W. Va. 643 · West Virginia Supreme Court · Jul 19, 1995

Having established the legal prism through which we must view this matter, we now set forth the primary evidence adduced by the Appellees at trial. 1 II. … The liability clearly does not extend tó mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

State Ex Rel. KW v. Werner

242 S.E.2d 907 · West Virginia Supreme Court · Apr 3, 1978

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 due process of law; nor … We accept the opinions as being given by qualified persons. [3] W.Va.Code, 49-5-16, adopted by the 1977 Legislature and effective January 1, 1979, establishes standards for dealing with delinquent juveniles in detention and

State v. Swims

212 W. Va. 263 · West Virginia Supreme Court · Jul 3, 2002

Without the insertion in the plea agreements of the qualifying word "if," the plea agreements became impermissible substantive evidence of Mr. … The majority concludes that "[w]ithout the insertion in the plea agreements of the qualifying word "if," the plea agreements became impermissible substantive evidence of Mr. Swims' guilt."

Valerie Tabit v. Kroger Group Cooperative, Inc.

West Virginia Supreme Court · Feb 11, 2019

Tabit’s expert witness in regards to the American’s (sic) with Disabilities Act expert witness, Mark Derry regarding the incident of this case does not qualify and meet the legal standard for such claims in … but not limited to: signage directing customers to the location of the restrooms; the manner in which the restroom signs should be labeled; how high the signs should be hung so those with disabilities can clearly

Peters v. Narick

165 W. Va. 622 · 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.” W.Va.

Frantz v. Palmer

211 W. Va. 188 · West Virginia Supreme Court · Nov 14, 2001

In this case, the within a “reasonable time” period prescribed by the Legislature for the issuance of tax decisions was clearly exceeded by the Tax Commissioner. … The surety must be qualified to do business in this state. These bonds shall be conditioned that the taxpayer shall perform the orders of the court.