Case law

Desper v. State

173 W. Va. 494 · West Virginia Supreme Court · Jun 13, 1984

To be sure, the evidence the Government offers to establish probable cause is by nature also discovery for the accused. … The first purpose was clearly irrelevant to probable cause and appeared to be an attempt to gain discovery.

Hill v. Stowers

224 W. Va. 51 · West Virginia Supreme Court · May 19, 2009

person may be deprived of any civil right solely by reason of his or her receipt of services for mental illness, created an implied cause of action against a private employer who allegedly denied employment to an otherwise qualified … While we agree that election fraud is clearly against West Virginia public policy, we cannot agree with Mr.

State of West Virginia v. Steven Michael Williams

West Virginia Supreme Court · Sep 24, 2015

Similarly, Justice Davis clearly articulated the critical importance of wide latitude in cross-examination in her dissenting opinion in State v. … The court reversed that decision, holding that precedent clearly “only requires that the defendant show that the witness’s testimony might be influenced by a promise for, or hope or expectation of, immunity or leniency

Lawyer Disciplinary Board v. Cavendish

226 W. Va. 327 · West Virginia Supreme Court · Jun 15, 2010

Cavendish, the record clearly shows that every client for whom he submitted claims, including those submitted under an incorrect ease number, were in fact court-appointed clients. Finally, Mr. … Cavendish’s mental disability does not qualify as a mitigating factor. The medical evidence indicated that during the time period in question Mr.

Hull v. Hull's Heirs

26 W. Va. 1 · West Virginia Supreme Court · Apr 25, 1885

But even had he qualified as administrator of Felix II. Hull in this State, he clearly had no right to institute this suit. … More especially ought this to be the case in favor of a bona fide purchaser for value in support of a sale clearly established tobe for the benefit of the infant at the time it was made.”

Schuttler v. Brandfass

41 W. Va. 201 · West Virginia Supreme Court · Nov 20, 1895

Brandfass qualified as executor; and that within a week after the death of William Weidebusch, while the plaintiffs were in a weak and depressed state of mind, caused by their father’s death, and in a condition to be easily … Jur. § 120, says it is the rule, stripped of all other circumstances than mere mistake of law7, but not where there is an admixture of other ingredients going to establish misrepresentation, imposition, undue influence, undue

State ex rel. Billups v. Clawges

218 W. Va. 22 · West Virginia Supreme Court · May 26, 2005

no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia rules of evidence and shall state with particularity: (1) The expert’s familiarity with

State of West Virginia v. Robert Frank Baldwin

West Virginia Supreme Court · Nov 4, 2019

The heavy burden a petitioner takes on when challenging the sufficiency of the evidence to support a conviction is well established: A criminal defendant challenging the sufficiency of the evidence to … Following an individual’s conviction for certain qualifying offenses, the Sex Offender Registration Act requires that individual to register various information with the West Virginia State Police. See W. Va.

State Ex Rel. Boone County Coal Corp. v. Davis

133 W. Va. 540 · West Virginia Supreme Court · Dec 13, 1949

Thus, an employer qualifying under Section 10, Article 5, Chapter 162, Acts of the Legislature, Regular Session, 1947, depending upon its experience may be entitled to a rate below the basic rate of 2.7 per cent ranging from … employer, or the legal right secured to him to have an assessment made by the director redetermined, as provided in Subsection (1), Section 17-a, Article 5, Chapter 76, Acts of the Legislature, Regular Session, 1943, and it clearly

Brookover v. Grimm

118 W. Va. 227 · West Virginia Supreme Court · Feb 9, 1937

Clearly, under the authorities stated above, the executory limitation is void. … Many decisions clearly illustrate and firmly establish the ground on which this analysis is based.

Boggess v. Meredith

16 W. Va. 1 · West Virginia Supreme Court · Nov 1, 1879

Such knowdedge must be clearly shown, and must in effect be the equivalent to a notice to him of such claim of adverse title. … But it seems to me that the language used by Judge Allen, “that the grantee would be tenant in common with the co-tenant of his grantor, to the extent of the interest conveyed,” must be given a qualified meaning, as it would

State of West Virginia ex rel. Smith, Prosecuting Attorney v. The Honorable Michael Olejasz, Judge of the Circuit Court of Ohio County

West Virginia Supreme Court · Nov 19, 2021

Maryland, 373 U.S. 83 (1963), including the existence and substance of any payments, promises of immunity, leniency, preferential treatment, or other inducements made to prospective … However, despite receiving this response from the Forensic Lab—which clearly establishes that it cannot testify to impairment, defense counsel represented to the court on April 13, that had the Forensic Lab done toxicology

In Re Kenna Homes Cooperative Corp.

210 W. Va. 380 · West Virginia Supreme Court · Dec 10, 2001

The regulations establish minimum requirements for service animals. Plaintiffs claim that the dog underwent individual training at home and was also trained by a professional trainer. … Our own review of the record reveals nothing which indicates that this finding is clearly wrong. Instead, the record reveals that both Mr. and Mrs.

Signorelli v. Signorelli

189 W. Va. 710 · West Virginia Supreme Court · Jul 16, 1993

W.Va.Code, 55-8-13 (1923), clearly provides that one joint tenant may bring an action of account against another joint tenant if the other joint tenant has received, more than his just share or proportion of their joint property … A corporation which qualifies as an S-corporation is generally not taxed at the corporate level, but the income is passed through and taxed to its shareholders.

State Ex Rel. v. W. Va. Inv. Management Bd.

508 S.E.2d 130 · West Virginia Supreme Court · Jul 17, 1998

Therefore, as correctly argued by the respondent and the amicus in this case, the threshold for establishing a "substantial" impairment when evaluating a government contract is lower than the threshold for establishing a … Affidavits were submitted on behalf of two eminently qualified actuaries, both of whom cautioned that the proposed withdrawal of $150,000,000 from PERS assets would cause a funding shortfall.

Joseph Kubican v. The Tavern, LLC, d/b/a Bubba's Bar and Grill

232 W. Va. 268 · West Virginia Supreme Court · Nov 6, 2013

Corporations §14, at 319 (2007) (“‘Piercing the corporate veil’ is the judicial act of imposing personal liability on otherwise immune corporate officers, directors, and shareholders for the corporation’s wrongful acts. … Because § 35–8–304, MCA, clearly does not establish blanket liability protection for members of LLCs, and because the intent of that section is to allow liability in a situation in which the member acting individually would

West Virginia Office of Miners' Health, Safety and Training v. Bobby Beavers

West Virginia Supreme Court · Apr 26, 2022

Code § 22A-1A-2(c). 19 has clearly not recognized any such CBD use defense. … As alcohol is also a legal product, the statute clearly tests for legal products.

Davis v. Eagle Coal and Dock Co.

220 W. Va. 18 · West Virginia Supreme Court · Dec 4, 2006

Therefore, because Congress has clearly expressed its intent not to preempt all state law or to occupy the entire field, we conclude that field preemption does not exist in this case. … asserted by plaintiffs against Fletcher — product design and failure to warn — are predicated upon a theory that the dust collecting system incorporated into the Fletcher roof bolting machine was defective, these cases qualify

State v. Thornton

228 W. Va. 449 · West Virginia Supreme Court · Jun 22, 2011

In her responsive ease-in-chief, the appellant relied upon the testimony of Harold Eugene Buttram, M.D., who was qualified as an expert 8 over the objections of the State. Dr. … Buttram was qualified to be an expert. Voir dire established that Dr. Buttram was a family practice physician with 24 years of experience as a general practitioner. Dr.

SER Primecare Medical of West Virginia, Inc. v. The Honorable Laura v. Faircloth

West Virginia Supreme Court · Nov 12, 2019

Instead of attaching a screening certificate of merit,10 the Notice of Claim repeated the Estate’s claim that its theory of liability was well-established and did not depend on expert testimony to establish the standard … Code § 55-7B-6(c)19 and (d).20 The Estate maintains that no certificate of merit was necessary here because its theory of liability is well-established and does not depend on expert testimony to establish 19 W.