Case law

State v. Hobbs

168 W. Va. 13 · West Virginia Supreme Court · Jul 29, 1981

In other words, they are [to be] qualified legally and it’s to be a cross-section of the community.” (Emphasis added). … In both cases, the refusal to allow a full hearing on the issue of unconstitutional exclusion was clearly reversible error.

SER Erie Insurance Property and Casualty v. Hon. J.D. Beane, Judge

West Virginia Supreme Court · Jun 13, 2016

In fact, upon reviewing the multiple line policy at issue, we observe that it does not contain a fire insurance portion at all, let alone one that qualifies as a standard fire insurance policy. See W. Va. … We established above that the statute of limitations has not run on the Chedesters’ property damage suit, and so their action is still pending in the circuit court.

West Virginia Dept. of Transportation v. Margaret Z. Newton

235 W. Va. 267 · West Virginia Supreme Court · May 13, 2015

We'review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo. … Newton to establish a market for the limestone during an eighteen-month period from the date of the take. Clearly, such a requirement is not found in Roda .

State Ex Rel. Morris v. West Virginia Racing Commission

133 W. Va. 179 · West Virginia Supreme Court · Jul 28, 1949

race track of said Jockey Club, and was assigned stables in which to quarter said horses during the race meetings; that she entered different horses, from time to time, in various races for which they were conditioned and qualified … We cannot assent to the proposition that the privileges and immunities of citizens of the United States, under the Fourteenth Amendment to the Constitution of the United States, or otherwise, shall be so far extended as to

State of West Virginia ex rel., Municipal Water Works v. The Hon. Derek C. Swope

West Virginia Supreme Court · Nov 5, 2019

It is not necessary to establish that joinder is impossible; rather, the test is impracticability. … Clearly delineating the contours of the class along with the issues, to represent the class.

State v. Powers

211 W. Va. 116 · West Virginia Supreme Court · May 30, 2001

Having established the proper standard for our review, we now consider the substantive issue before us. III. … It should be noted, however, that the right to waive the assistance of counsel is qualified.

State of West Virginia v. Kelly Marie Tusing

West Virginia Supreme Court · Jun 14, 2022

Our standard of review here is well established: “‘[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.’ … First, the State contends that section 61-8D-2a(c) clearly and unambiguously establishes a determinate sentence of fifteen years to life, and therefore what the State persists in calling the “preamble” cannot be considered

Richardson v. Ralphsnyder

40 W. Va. 15 · West Virginia Supreme Court · Dec 1, 1894

Potter, also answered the bill, admitting that she qualified as administratrix of her deceased husband. … C. was urging the immediate recorda-. tion of the deed; and the evidence clearly showing that said *34 W. R. Potter made this conveyance with fraudulent intent, and I. C.

State v. James

227 W. Va. 407 · West Virginia Supreme Court · May 2, 2011

As established in syllabus point one of State v. … The statute clearly states that “any defendant convicted ...

Schwartz v. COUNTY COURT OF HANCOCK COUNTY

68 S.E.2d 64 · 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 for the fiscal year beginning July 1, 1950.

State v. Youngblood

221 W. Va. 20 · West Virginia Supreme Court · Jun 27, 2007

Clearly this note suggests that Katara told Kimberly or Wendy that Mr. Youngblood performed oral sex on her-and that she was grateful for this. Mr. … With respect to the sexual assault charges, the State's case was established by the sixteen year old victim's testimony which was completely consistent with the physical evidence recovered at the scene of the crime.

State of West Virginia ex rel., Municiple Water Works v. The Hon. Derek C. Swope

West Virginia Supreme Court · Oct 18, 2019

It is not necessary to establish that joinder is impossible; rather, the test is impracticability. … Clearly delineating the contours of the class along with the issues, to represent the class.

State of West Virginia v. John Henry Herring

West Virginia Supreme Court · Apr 20, 2022

Surveillance cameras in the restaurant showed petitioner shoving the victim and established that petitioner was an active participant in the robbery. 1 When the trio entered the restaurant, the victim was … That rule provides, in pertinent part, that “[t]he brief must contain an argument exhibiting clearly the points of fact and law presented, . . .

French v. French

14 W. Va. 458 · West Virginia Supreme Court · Dec 14, 1877

the permanent rules of construction says : “And there is none of more universal application, both here and in England, than that the plain and unambiguous words of the will must prevail, and are not to be controlled or qualified … It seems that it is now an established principle, that while a person may make a conditional will, his intention todo so must appear clearly. Judge Moncure in the case of Cody v.

Timberlake v. Heflin

180 W. Va. 644 · West Virginia Supreme Court · Mar 13, 1989

Heflin says in response that the complaint contains bare assertions of fact and that it cannot, therefore, qualify as a memorandum. … There also appear to be certain presumptions that are made by courts to establish the essential elements.

Crislip v. Cain

19 W. Va. 438 · West Virginia Supreme Court · Apr 22, 1882

This we believe to be the clearly defined and well established rule upon the subject both in Englaud and America.” … Where they are clearly established, they are valid and will be respected and enforced, if fair and reasonable.

State v. Brown

210 W. Va. 14 · West Virginia Supreme Court · Jul 25, 2001

However, another pre-trial hearing occurred on February 19, 1999 at which time the defendant clearly moved to withdraw his motion to continue the trial. … In addition, Michael Mount was given immunity for breaking and entering in exchange for testifying against the defendant. Finally, none of the testimony was corroborated by scientific evidence.

Satterfield v. Erie Insurance Property & Casualty

217 W. Va. 474 · West Virginia Supreme Court · Jun 30, 2005

Standard of Review Our standard of review is well established: “A circuit court’s entry of summary judgment is reviewed de novo.” Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994). … This is because the' policy — on its face — clearly provides coverage under the “newly acquired auto clause.” See Syl. Pt. 1, Soliva v.

James R. Meadows v. R.S. Mutter, Deputy Superintendent, McDowell County Corrections

West Virginia Supreme Court · Apr 6, 2020

performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified … It is well-established that “[p]olygraph test results are not admissible in evidence in a criminal trial in this State.”

Newcomb v. Brooks

16 W. Va. 32 · West Virginia Supreme Court · Dec 20, 1879

But those authorities which thus qualify the general rule all agree, that a purchase by a fiduciary of trust-property will always be scanned in a court of equity with the most searching and questioning suspicion, and will … The authorities we have cited clearly sustain this as law.