Case law

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.

David Ballard v. Brian Bush Ferguson

West Virginia Supreme Court · Oct 25, 2013

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 … Zimarowski to establish his innocence, Mr. Zimarowski cannot blame Mr. Ferguson for trusting his judgment and strategy.

Harner v. Price

17 W. Va. 523 · West Virginia Supreme Court · Dec 18, 1880

The doctrine is.laid down in this guarded and qualified manner, because it is not to be disguised, that there are authorities which are supposed to contradict it.,; Mr. … It clearly appears, that the defendant, Price, informed the plaintiff on the day before the judgment was confessed, that he had seen the executors of Hagans, deceased, one of whom was a co-security with the plaintiff, about

State Ex Rel. Cox v. Sims

138 W. Va. 482 · West Virginia Supreme Court · Jun 26, 1953

The evidence does not establish any other act upon his part which could have caused the fire. … In that case negligence upon the part of the employees of the commission which was the proximate cause of the destruction of the trees was clearly established and the moral obligation declared by the Legislature based on

State of West Virginia v. Erik K.

West Virginia Supreme Court · Oct 13, 2020

Agee qualified her assessment by stating that, [o]f course, a score from the Static-99R (or any measure) does not indicate whether the individual who received that score will or will not sexually reoffend . … Agee’s evaluation “clearly bears out.” Third, in further reference to Dr.

STATE EX REL. KUTIL v. Blake

223 W. Va. 711 · West Virginia Supreme Court · Jun 5, 2009

Such policy determination is clearly a .legislative prerogative, outside of the purview of the courts. … Clearly, that Petitioner should not be excluded from consideration for the reason stated by Respondent.

Beirne's v. Beirne

33 W. Va. 663 · West Virginia Supreme Court · Mar 10, 1890

This suit was instituted in December, 1888, by Hugh Caperton and William Gaston Caperton, who had qualified as the executors of the last will and testament of said Oliver Beirne, to obtain a construction of said will, and … He had recognized the obligation on his estate to furnish this support, and he directed the executors t'o pay it, not out of her property, but out of his own; and I am clearly of the opinion that no case of election arose

State Ex Rel. State Department of Transportation, Division of Highways v. Cookman

219 W. Va. 601 · West Virginia Supreme Court · Dec 13, 2006

Section 4651(3) requires the Government to make an offer to acquire the property and the clearly stated purpose of this provision is the avoidance of litigation. … In promulgating 49 C.F.R. § 24.9 (b), the United States Department of Transportation could not have intended rules of civil procedure to qualify as “applicable law providing otherwise.”

Tex H. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Jun 17, 2019

This Court affirmed the dismissal of petitioner’s fourth habeas petition, finding that “his second habeas proceeding qualifie[d] as an omnibus habeas corpus proceeding under . . . Losh [v. … In West Virginia, claims of ineffective assistance of counsel are governed by the two-pronged test established in Strickland v.

Kessel v. Monongalia County General Hospital Co.

220 W. Va. 602 · West Virginia Supreme Court · Jun 29, 2007

While the courts of this State may elect to “honor legislative enactments in aid of judicial power”, we are “clearly not bound to do so.” State ex rel. Quelch v. … Va.C.S.R. § 142-15-3 Prior to examining Appellants’ individual claims to determine whether they qualify as per se violations of W.

Nickell v. Tomlinson

27 W. Va. 697 · West Virginia Supreme Court · Feb 20, 1886

Dunsmor’e and qualified his devise by adding thereto : “ If my son Jacob H. Dunsmore should die without having heirs, he shall divide the land between his sister’s heirs as he may think proper.” … Some of these however are unsound, when applied to any sort of an estate unless qualified.

Paul E. Forshey v. Theodore A. Jackson, M.D.

West Virginia Supreme Court · Mar 22, 2024

Additionally, we observe that the circuit court’s order clearly states that it was dismissing the matter based upon Dr. … Merely establishing the continuation of the ill effects of an original wrongful act will not suffice.

David Ragonese v. Racing Corporation of West Virginia, etc.

234 W. Va. 706 · West Virginia Supreme Court · Feb 12, 2015

Applying this definition to the specifics of his situation, the petitioner argues that he cannot qualify as a trespasser because he was an invited guest in a publicly accessible area of the Casino premises which was not demarcated … More difficult is the situation presented by the instant case where a business invitee sustains injury while utilizing an area of the establishment not clearly demarcated as private and off limits.

State of West Virginia ex rel. Perri DeChristopher v. Phillip D. Gaujot

West Virginia Supreme Court · Mar 16, 2021

The record does not reflect whether the court-appointed interpreter for this proceeding was qualified. … And do you feel you went over that very clearly with him? A. Yes, I do. Q.

State of West Virginia ex rel., Dodrill Heating and Cooling, LLC v. The Honoraable Maryclaire Akers, Judge of the Circuit Court of Kanawha County, and Jerry and Pamela Whittington, Husband and Wife, Individually and on Behalf of All Others Similarly Situated

West Virginia Supreme Court · Apr 22, 2022

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 … Whether Dodrill was attempting to collect a debt and qualifies as a “debt collector” goes to the merits of the Whittingtons’ claims, not their standing to bring suit in seeking relief: “[t]he focus of a standing analysis

Laurel Fork & Sand Hill Railroad v. West Va. Transportation Co.

25 W. Va. 324 · West Virginia Supreme Court · Dec 13, 1884

The courts ought not to declare one to be unconstitutional, unless it is clearly so. If there is a doubt, the expressed will of the legislature should be sustained. … Well might a distinguished judge of the same great court, when the extent of the evil was becoming apparent, start back, shocked at the claims of corporate immunity from law and cry out: “ ‘ No State it is declared shall

State of West Virginia v. Joe Roger Lane

West Virginia Supreme Court · Apr 3, 2019

at the time she made the purchases and had been clean since she lost her youngest son.6 The jury also heard from Tara Hayslip, a forensic analyst with the West Virginia State Police Laboratory, who was qualified … Given the jury’s decision to convict the petitioner following its deliberations, the jury clearly found the confidential informant to be a credible witness.

State of West Virginia v. Joe Roger Lane

West Virginia Supreme Court · Apr 3, 2019

at the time she made the purchases and had been clean since she lost her youngest son.6 The jury also heard from Tara Hayslip, a forensic analyst with the West Virginia State Police Laboratory, who was qualified … Given the jury’s decision to convict the petitioner following its deliberations, the jury clearly found the confidential informant to be a credible witness.

State of West Virginia ex rel., Dodrill Heating and Cooling, LLC v. The Honoraable Maryclaire Akers, Judge of the Circuit Court of Kanawha County, and Jerry and Pamela Whittington, Husband and Wife, Individually and on Behalf of All Others Similarly Situated

West Virginia Supreme Court · Apr 22, 2022

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 … Whether Dodrill was attempting to collect a debt and qualifies as a “debt collector” goes to the merits of the Whittingtons’ claims, not their standing to bring suit in seeking relief: “[t]he focus of a standing analysis

Old Republic Insurance Co. v. Jason D. and Andrea O'Neal

237 W. Va. 512 · West Virginia Supreme Court · Jun 10, 2016

.; ’ [as] it is established that said insurer has not actually paid money or medical benefits to (or for the benefit of) Mr. O’Neal.” … There is no evidence in the record that establishes that Speed Mining complied with the procedure established in this statute so as to qualify as a self-insüred employer or even a "de-facto self-insured” employer. .