Case law

State Ex Rel. Wyant v. Brotherton

214 W. Va. 434 · West Virginia Supreme Court · Dec 5, 2003

If we were to allow inmates to use the FOIA to obtain documents for purposes of filing a writ of habeas corpus, we would be permitting them to circumvent the established procedure for obtaining documents for this purpose … If necessary for effective utilization of discovery procedures, counsel shall be appointed by the court for a petitioner who qualifies for the appointment of counsel under Rule 3(a).

Statler v. Dodson

195 W. Va. 646 · West Virginia Supreme Court · Dec 13, 1995

"Agreements which were deemed clearly for the advantage of the infant were valid and absolutely binding, while those injurious to the infant were void. … If a person under any disability does not have a duly qualified representative he may sue by his next friend.

State of West Virginia v. Shaniqua Whindleton

West Virginia Supreme Court · May 26, 2020

constitutional rights that a criminal defendant waives in connection with the entry of a guilty plea, the burden of insuring both precision 9 Petitioner identifies this canon of construction as the “series qualifier … As we have already established, petitioner clearly understood that the unambiguous language of the agreement did not afford the circuit court discretion with regard to entering judgment on the

Ammons v. South Penn Oil Co.

47 W. Va. 610 · West Virginia Supreme Court · Mar 31, 1900

corporation, having complied with section 30, chapter 64, Code, to enable it to do business in this State, and with all other statutes concerning foreign corporations, so far as same could apply to defendant, was entitled to immunity … The basis necessary to sustain- the bill, therefore, is fraud, and that, of course, must be affirmatively and clearly proved.”

Watson v. Pietranton

178 W. Va. 799 · West Virginia Supreme Court · Dec 18, 1987

Having established that DR2-107(A)(1) prohibits the fee-splitting agreement, the question, then, is whether we should allow Mr. … Without a formal rule, marginally qualified lawyers would make careers of being law-trained runners; their only function would be to visit hospitals, union halls, and funeral parlors to "inform" potential plaintiffs of their

State v. Hayes

136 W. Va. 199 · West Virginia Supreme Court · Oct 23, 1951

This principle is well established by our authorities. As late as 1948, in the case of State v. … I do not go so far as to say that people may not abandon property; and there are many ways of establishing that fact.

Jacklin Romeo, Susan S. Rine, and Debra Snyder Miller v. Antero Resources Corporation

West Virginia Supreme Court · Jun 11, 2025

Clearly, because adoption of a “first available market” theory would have represented a sea change in the law as it had been understood for more than two decades, the Court in Kellam would have been constitutionally required … Thus, it is clear that our cases are based on a solid foundation of established practice and established legal principles in this State.13 11 Even the United States Circuit Court for the Fourth Circuit

Ratliff v. Sommers

55 W. Va. 30 · West Virginia Supreme Court · Feb 16, 1904

Lynch, was appointed and qualified as administrator da-bonis non with the will annexed of G. D. … It clearly appears from the record, that Myra H.

Drumheller v. Fillinger

230 W. Va. 26 · West Virginia Supreme Court · Oct 25, 2012

The court concluded that the non-participation of a party or his counsel in proceedings does not qualify as the necessary affirmative waiver of the right to a jury trial. Id. at 346 . … civil procedure that addresses judgment by default, provides: If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish

W. Va. Dept. of Health and Human Resources v. E.H.

West Virginia Supreme Court · Jun 9, 2017

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.” Syl. Pt. 4, Burgess v. Porterfield, 196 W. Va. 178, 469 S.E.2d 114 (1996). … As previously established herein, the July 21, 2016, order does not include “new terms” because it does not alter or exceed the scope of the June 3, 2014, order.

United Mine Workers of America International Union Ex Rel. Trumka v. Parsons

172 W. Va. 386 · West Virginia Supreme Court · Jul 8, 1983

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. … Justices Harshbarger and McGraw believe that the petitioners have clearly established, under law, their right in mandamus to respond in the next ensuing football broadcast season to the politically controversial advertisements

Dickeschied v. Exchange Bank

28 W. Va. 340 · West Virginia Supreme Court · Sep 18, 1886

Bussell was appointed and qualified as the curator of his estate; and on the same day he gave notice in writing to the defendant’s cashier, that he claimed said money as the property of his decedent. … have been maintained; for they not only fail to set forth specifically the claims of the plaintiff and the defendant; that they are of the same nature and character, and that they are in privity with each other, but they clearly

Foy v. County Commission of Berkeley County

191 W. Va. 29 · West Virginia Supreme Court · Mar 28, 1994

Eula Jones, assuming the will was void, was permitted by the county commission to qualify as the administratrix of the decedent’s estate. … In support of this conclusion, the petitioners refer to the well-established proposition enunciated by this Court: ‘ “Wherever possible to bring into operation a testator’s intention, a court will give such construction to

Moran v. Clark

30 W. Va. 358 · West Virginia Supreme Court · Nov 12, 1887

levy and sale to satisfy a judgment rendered on the note, has been sustained; and even in that *365 State the Court has expressed regret that a contract of that land has ever been sustained, and that such a rule had become established … homestead which is exempted by the Constitution from “ forced sale ” can not be sold under the process of the court; and it matters not what form the contract assumes, nor how willing the head of the family may be, it is an immunity

First National Bank of Webster Springs v. McGraw

85 W. Va. 298 · West Virginia Supreme Court · Dec 5, 1919

The plaintiff’s judgment was the same in all of the causes and it sufficed, in the opinion of the court, to establish it once against the heirs. … As to the other charge, it was qualified.

Dr. Robby Keith and Dr. John Deel v. Christine Lawrence, Administratrix

West Virginia Supreme Court · Nov 20, 2015

Singer was qualified to render an opinion in this matter; defended the sufficiency of the certificates of merit served upon petitioners; and argued that the certificates satisfied the spirit of the MPLA. 4 … “Where the issue on appeal from the circuit court is clearly a question . . . involving interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v.

State of WV v. Anthony M.(Justice Armstead, concurring, in part, and dissenting, in part)

West Virginia Supreme Court · Mar 25, 2025

The double jeopardy clauses in our state and federal constitutions provide (1) immunity from further prosecution where a court having jurisdiction has acquitted the accused; (2) protection against a second prosecution for … In the present case, the evidence overwhelmingly established that both Brittany S. and infant K.M. could have been harmed when Petitioner fired the gunshot.

Hensley v. West Virginia Department of Health & Human Resources

203 W. Va. 456 · West Virginia Supreme Court · Oct 2, 1998

also Syl. pt. 1, AFSCME IV, 181 W.Va. 8 , 380 S.E.2d 43 (1989) ("To the extent that the Civil Service Commission back pay policy promulgated on July 20, 1988, imposes retroactive deadlines, and thereby deprives otherwise qualified … The law of this State contains no such provision, either statutory or judicial, establishing the precise manner by which interest is to be calculated.

State v. Peyatt

173 W. Va. 317 · West Virginia Supreme Court · Dec 15, 1983

Clearly, the appellant should have subpoenaed the males in question if he desired to pursue the issue. … The options of the fifth amendment and a grant of immunity are, of course, always open when such testimony is sought, but the far more practical course is *583 to lie.

Federal Insurance Company v. Jenny M. Neice, Administratrix of the Estate of Jeremy R. Neice and Dana Mining Company of Pennsylvania, LLC

West Virginia Supreme Court · Mar 3, 2023

or a clearly expressed public policy.” … The trial court found that because the coinsured lessor/owner was an insured under the policy, it qualified as “the insured” for purposes of triggering the ELE even though it was not the plaintiff’s actual employer.