Case law

Reed v. Hedges

16 W. Va. 167 · West Virginia Supreme Court · Apr 17, 1880

The fifth section of the same chapter provides, that “if it be clearly shown, independently of any admissions in the answers, that the interest of the infant, insane per *190 son, or beneficiaries in the trust, as the case … shall have like authority as to removals and appointments, and as to the custody and tuition of the infant, and the management and preservation of his estate, in *194 cases where the guardian or curator was appointed' or qualified

Burless v. West Virginia University Hospitals, Inc.

215 W. Va. 765 · West Virginia Supreme Court · Jun 30, 2004

Conversely, absent other overt acts by the hospital indicating an employer/employee relationship, an unambiguous disclaimer by a hospital explaining the independent contractor status of physicians will generally suffice to immunize … The complex manner of operation of the modern-day medical institution clearly demonstrates that they furnish far more than mere facilities for treatment....

John William Ernest Ward v. Erica Jill Ward

233 W. Va. 108 · West Virginia Supreme Court · Feb 14, 2014

The word “income” means gross unless the word is otherwise qualified or unless a different meaning clearly appears from the context. … (8) Whether either party has foregone or postponed economic, education or employment opportunities during the course of the marriage; (9) The standard of living established

Stephen M. Hood v. Linda Hood, Individually and as the of the Estate of Dorothy Hood and as the of the Estate of Jeffrey E. Hood

West Virginia Supreme Court · Nov 3, 2023

Hood, as executor of my will and request that he be permitted to qualify without bond. … However, when viewed as a whole, this evidence clearly paints a picture of lessening mental acuity beginning in 2006.

Stephen M. Hood v. Linda Hood, Individually and as the of the Estate of Dorothy Hood and as the of the Estate of Jeffrey E. Hood

West Virginia Supreme Court · Nov 3, 2023

Hood, as executor of my will and request that he be permitted to qualify without bond. … However, when viewed as a whole, this evidence clearly paints a picture of lessening mental acuity beginning in 2006.

Loretta Lynn Gomez v. Kanawha County Commission

237 W. Va. 451 · West Virginia Supreme Court · Jun 3, 2016

within its discretion; that such discretion, if exercised within legal limitations, is practically absolute; and that the courts will not control the right to take any particular land unless such right of the applicant is clearly … The opinion evidence of a witness so qualified is admissible but its weight and its credibility are questions for the jury.”). But see Syllabus Point 4, State Rd. Comm’n v.

State ex rel. West Virginia Department of Health & Human Resources v. Ruckman

223 W. Va. 368 · West Virginia Supreme Court · Feb 6, 2009

In either instance, our established standard of review is de novo. Syl. Pt. 1, Martin v. … Second, DHHR maintains that it does not qualify as a social service agency that directly counsels children and families, but rather contracts for delivery of these services.

Thomas B. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Mar 23, 2020

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 … When closing arguments were made, the jury had heard testimony which, if believed, established that petitioner was a “child molester.”

Fields v. Mellinger

West Virginia Supreme Court · Nov 18, 2020

The Court then found the plaintiff’s constitutional claim was barred by statutory immunity. Id. … See also Heisey, 271 P.3d at 1096-98 (declaring that “a litigant must establish two requirements before we will consider a possible Bivens-type claim: that ‘alternative remedies’ do not exist; and that the constitutional

Harlee Beasley v. Mark A Sorsaia, Prosecuting Attorney of Putnam County

West Virginia Supreme Court · Nov 10, 2022

According to Petitioner, subsection (f) is ambiguous and, therefore, must be “interpreted to be clearly understood[.]” … As the State observes, this conventional practice might plausibly qualify as cruel mistreatment, for purposes of § 61-8-19(a)(1)(A), or mutilation, for purposes of § 61- 8-19(b), were it not excluded under § 61-8-19(f).

In The Matter of: Judge William M. Watkins, III

233 W. Va. 170 · West Virginia Supreme Court · Mar 26, 2013

We have determined that, if a judge’s law license is suspended, then that lawyer is no longer qualified to “assume or hold judicial office.” Syllabus Point 6, Committee on Legal Ethics v. Karl, supra. … When a judge insults, ridicules, or disparages counsel, the parties, jurors, or witnesses, it is clearly misconduct.

Timothy J. Gregory and Janice L. Gregory v. Jack O. Long and Lora A. Long

West Virginia Supreme Court · Jun 14, 2022

Based, in part, on the 1905 map, it was Dean Fisher’s overall opinion that the evidence clearly established that the roadway traversing the defendants’ land was, and still is, a county road and, by law, should have a right-of-way … First, to qualify as an ancient document under Rule 803(16), the party offering the evidence must establish the document containing the hearsay statement is at least twenty years old.

Campbell v. Campbell

125 W. Va. 15 · West Virginia Supreme Court · Nov 4, 1942

Assignment five is based upon the fact that the plaintiff’s wife, in testifying for the plaintiff, qualified her statement that the money brought by Campbell to Charleston was his, by saying that the royalty money *19 belonged … We believe that the instruction, if not clearly wrong, is at least drafted in a double aspect, and for that reason is quite confusing.

Myers v. WV. CONSOL. PUBLIC RETIREMENT BD.

704 S.E.2d 738 · West Virginia Supreme Court · Nov 22, 2010

The Court clearly indicated that, should the evidence support Mr. … In reviewing the evidence presented by the Appellees at their respective hearings before the Board's hearing officer, the Court cannot find that the Board clearly erred in concluding that neither Appellee had established

Boone v. Activate Healthcare, LLC

West Virginia Supreme Court · Jun 11, 2021

Code § 5-11-9(7)(A) (1998) (2006) of the West Virginia Human Rights Act establishes three distinct causes of action. More specifically, pursuant to W. Va. … Va. 45, 50, 829 S.E.2d 45, 50 (2019) (allowing 4 For at least twenty-five years, this Court has required heightened pleadings only in cases “where immunities are implicated.” W. Va.

State v. George W.H.

190 W. Va. 558 · West Virginia Supreme Court · Dec 13, 1993

Thus, the legislature has clearly and unequivocally declared its intention that sexual abuse involving parents, custodians, or guardians, W.Va. … It was well established in the record before this witness even testified that Rita was removed from the home and placed under the protection of the State.

Curran v. Owens

15 W. Va. 208 · West Virginia Supreme Court · May 10, 1879

He says: ‘It has long been established, that when an act of Parliament is repealed, it must be considered, except as to transactions passed and closed, as if it had never existed.’ … Every right resting in perfect obligation is vested, and cannot be disturbed; but rights arising under a statute, which are imperfect and inchoate, cannot claim any such immunity.

State v. Sandor

218 W. Va. 469 · West Virginia Supreme Court · Dec 1, 2005

The circuit court made factual findings that the record, taken as a whole, established that the appellant intended to proceed without the assistance of counsel. … That awareness can be established, however, without regard to any admonitions or colloquies by the court.

Hatfield v. Painter

222 W. Va. 622 · West Virginia Supreme Court · Nov 12, 2008

It has been recognized that, "[ajlthough Rule 60(b) does not explicitly allow a party to file a motion for clarification and reconsideration, it is well established that a proper Rule 60(b) motion may urge a court to reconsider … Hadley, 188 W.Va. 197 , 423 S.E.2d 600 (1992) ("A motion which would otherwise qualify as a Rule 59(e) motion that is not filed and served within ten days of the entry of judgment is a Rule 60(b) motion regardless of how

Buda v. Town of Masontown

217 W. Va. 284 · West Virginia Supreme Court · Mar 22, 2005

hearing written protest is filed by thirty percent or more of the owners of real estate situate in said municipality, then the governing body of said municipality shall not take further action unless four fifths of the qualified … Appellants also contend that their right to present evidence was denied by the circuit court in this matter because the circuit court did not hold an evidentiary hearing for Appellants to establish that they did not receive