Case law

State of West Virginia v. Iran G.

West Virginia Supreme Court · Jan 14, 2019

I mean, he is – he has tried – I don’t know how many criminal cases he’s tried, but he has tried a lot of criminal cases, and he’s highly qualified. He knows the system. … Further, as discussed more fully below, there was sufficient evidence, absent the State’s remarks, to establish petitioner’s guilt of the crimes charged.

Cookman Realty Group, Inc. v. Taylor

211 W. Va. 407 · West Virginia Supreme Court · Jul 3, 2002

This point was qualified, however, by a recognition that “an inquiring court—even a court empowered to conduct de novo review—must examine a regulatory interpretation of a statute by standards that include appropriate deference … L.J. of Am.U. 1, 12 (1996); see Manning, supra, at 655 (noting that Seminole Rock “removes an important affirmative reason for the agency to express itself clearly; since the agency can say what its own regulations mean .

State v. Clements

175 W. Va. 463 · West Virginia Supreme Court · Mar 27, 1985

The actions of the sheriff’s department in this case were not the actions of the prosecutor or the court, and, therefore, the defendant does not qualify for this exception. Therefore, double jeopardy does not apply. II. … Harris are: (1) a showing that the recording device was capable of taking testimony; (2) a showing that the operator of the device was competent; (3) an establishment of the authenticity and correctness of the recording;

Ronald Hardy v. 3M Company

West Virginia Supreme Court · Nov 7, 2025

Neither, however, may be read to override the standards set forth in Rule 56 to immunize certain types of cases from summary disposition. … It is recommended that you consult with a knowledgeable professional, such as an attorney or a physician who is qualified to advise you.

State v. Goodmon

170 W. Va. 123 · West Virginia Supreme Court · Dec 18, 1981

A trial court’s decision regarding the voluntariness of a confession will not be disturbed unless it is plainly wrong or clearly against the weight of the evidence. … The second written confession and the tape recorded statement, however, were clearly not admissible as evidence in the State’s case in chief under our holding in Syl. pt. 1 of State v.

Kinder v. Boomer Coal & Coke Co.

82 W. Va. 32 · West Virginia Supreme Court · Mar 12, 1918

If competent and qualified, his negligence in the discharge of the duties imposed upon him by statute in the operation of the mine is not, as observed, chargeable to defendant. Williams v. Thacker Coal & Coke Co., 44 W. … It is well established in this state that a judgment is erroneous if obtained without an issue in an action brought in the circuit court; Shires v. Boggess, 68 W. Va. 137 .

Highlands Conservancy v. Pub. Serv. Com'n

527 S.E.2d 495 · West Virginia Supreme Court · Dec 16, 1998

qualifies as a public utility. … Prior the establishment or building at that point, there were never any use made of the water and there were no fish in the stream.

SER Universal Underwriters & Zurich American Insurance. v. Hon. Patrick Wilson

825 S.E.2d 95 · West Virginia Supreme Court · Mar 8, 2019

In syllabus point 2 of Robertson we set out the following test for establishing judicial estoppel: Judicial estoppel bars a party from re-litigating an issue when: (1) the party assumed a position on the issue that is clearly … Unlike the rule we have adopted when an organization seeks to qualify the testimony of a Rule 30(b)(7) deponent, the sham affidavit rule requires new information "contradict" a deponent's prior testimony.

Snodgrass v. Wetzel County Court

44 W. Va. 56 · West Virginia Supreme Court · Nov 20, 1897

And that case held that, to overthrow an election for irregularity the burden is upon the party who would do so to establish the unfairness of the election, unless it plainly appears that the irregularity changed the result … By section 8 of the same chapter the poll clerks are to be appointed “from each of the political parties which cast the largest number of votes at the last preceding general election in the state, and they must be qualified

Moore v. Hamilton

151 W. Va. 784 · West Virginia Supreme Court · Jul 11, 1967

Then be again walked out of tbe room and I told him tbat unless we could come to some agreement then, I was going to qualify Mr. Mutcbler. … It clearly appears from the evidence that the various tracts if sold separately for the amounts respectively bid for them, which aggregated $56,500.00, would have produced an amount equal to or in excess of the indebtedness

State of West Virginia v. Keith Allen Wood

West Virginia Supreme Court · Apr 10, 2023

The court further instructed that “guilt must be established by strong and sufficient evidence to remove from the minds of the jury every reasonable doubt to the contrary.” … The statement-containing records petitioner cites fall clearly within these hearsay exceptions.

Kemp v. Boyd

166 W. Va. 471 · West Virginia Supreme Court · Feb 21, 1981

The circuit court found that the appellant refused “qualified citizens of the county an opportunity to be heard and present evidence”. … Code § 11-3-24 . *481 Clearly the McDowell County Commission sitting as a Board of Equalization and Review attempted to comply with the statutory reassessment provisions.

State Ex Rel. Prosecuting Attorney v. Bayer Corp.

223 W. Va. 146 · West Virginia Supreme Court · Jan 9, 2009

Our holding is qualified because there are statutes which authorize review by a petition for a writ of certiorari, but expressly prohibit de novo review. See, e.g., W. … We summarily find that the evidence was insufficient to establish that Bayer's tax reporting errors were clerical errors.

Killen v. Logan County Commission

170 W. Va. 602 · West Virginia Supreme Court · Sep 3, 1982

An objection to any assessment value may be sustained only upon the presentation of competent evidence, such as that equivalent to testimony of qualified appraisers, that the property has been under- or over-appraised by … Clearly, the Legislature has the duty and responsibility to levy taxes. W.Va.Const. art. 10. The Legislature has authorized local levying bodies to establish levy rates within constitutional and statutory limits.

State ex rel. Mundy v. Andrews

39 W. Va. 35 · West Virginia Supreme Court · Mar 19, 1894

Va. 443 , sixth' point of syllabus, it was held that “the declaration of an agent, made while he is' performing the act authorized by the principal, which qualify and characterize the act, are admissible in evidence against … Ev. (15th Ed.) p. 262, note b, it is said : “The rule has not been uniform or very clearly settled as to the right of a party to claim a loss of profits as a part of the damages for breach of a special contract.

E.O.R. v. M.D.W.

West Virginia Supreme Court · Mar 8, 2018

Father asserts that, because a car is an automobile, Mother’s receipt of her car as a gift qualifies as an “in kind payment.” … It is well-established that, “the word ‘may’ is inherently permissive in nature and connotes discretion.” Daily Gazette Co. Inc. v. W.Va.

Berry v. Union National Bank

164 W. Va. 258 · West Virginia Supreme Court · Feb 5, 1980

Berry, appellant, qualified as executrix. After a series of specific bequests to her heirs at law, appellees Ellen Clayton and Arthur Clayton, and to other parties, Ms. … The purpose of equitable modification is to revise an instrument in a fashion that effectuates a testator’s general intent within the limitations established by the rule.

State v. Wade

174 W. Va. 381 · West Virginia Supreme Court · Feb 28, 1985

[gave] ... material false testimony under oath_” The information clearly informed the appellant of the nature and cause of the accusation against the appellant, contained the essential facts that constituted the charge and … After establishing that such a relationship exists, a party has a right to obtain individual voir dire of the challenged juror to determine possible prejudice or bias arising from the relationship.

State of Florida, Department of Health & Rehabilitative Services Ex Rel. State, Department of Human Services v. Thornton

183 W. Va. 513 · West Virginia Supreme Court · Jul 27, 1990

At the conclusion of the November 13, 1989 hearing, the Thorntons’ counsel made a motion to have C.H. examined by a duly-qualified expert to determine what effect a custodial change would have on the child. … If this allegation is true, we would be forced to conclude that Florida’s jurisdiction over the child had clearly lapsed. See Templeton, 595 F.Supp. at 774-75 .

State of West Virginia ex rel. Patrick Morrisey v. Diocese of Wheeling-Charleston and Michael J. Bransfield

West Virginia Supreme Court · Nov 16, 2020

rafting, rock climbing, caving, mountain biking, football and marketing these for-fee camps as having fully certified professionals with thousands of hours of training in serving youth, emergency medical training, and qualified … Clearly, the nonsensical and unsupported leap from educational services to recreational services is illogical and lacks any statutory support—contrived or otherwise.