Case law

State v. Heaton

23 W. Va. 773 · West Virginia Supreme Court · Dec 1, 1883

Being constantly repeated by the court, it naturally acquired the posi-tioir and strength of an established dogma. … The rule *791 as thus stated is qualified by tlie character of the possession and does not, as others have stated it, depend upon its application to the possession being exclusive. In State v.

Reager Ex Rel. Reager v. Anderson

179 W. Va. 691 · West Virginia Supreme Court · Jul 22, 1988

Scott, 516 So.2d 576 (Ala.1987), the court refused to set aside a $1,000,000.00 verdict as clearly excessive. … Under this test we, like the trial court, do not believe the damages awarded in this case are clearly excessive.

Quicken Loans, Inc. v. Brown

230 W. Va. 306 · West Virginia Supreme Court · Nov 21, 2012

Indeed, as already established, the amount of the balloon payment was fraudulently concealed. … Unfortunately, because of your credit score and the trend of how your bills have been paid you don’t qualify for conventional mortgage programs.

Tex S. v. Karen Pszczolokowski, Warden

236 W. Va. 245 · West Virginia Supreme Court · Oct 8, 2015

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … In order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method.

State v. Hurst

11 W. Va. 54 · West Virginia Supreme Court · Jul 7, 1877

There was clearly no error in this part of tbe instruction. … They establish the doctrine that where the evidence is parol, any opinion as to the weight, effect or sufficiency of the evidence submitted to the jury, any assumption of a fact as proved, or even an intimation that written

Board of Trustees of Policemen's Pension v. City of Huntington

142 W. Va. 217 · West Virginia Supreme Court · Nov 20, 1956

On September 7, the State Tax Commissioner denied the request of the petitioners and issued on that date a qualified approval of the budget and levy submitted by the respondents. … A copy of the Tax Commissioner’s letter of qualified approval is attached hereto and marked Exhibit ‘C’. “9.

State v. Pettrey

209 W. Va. 449 · West Virginia Supreme Court · Jul 24, 2001

The record evidence clearly shows that these children were not willing to testify or to even answer questions posed by the prosecutor. … Hasty testified that establishing rapport with D.R. and K.R. was very difficult. The prosecutor stated that initially she wanted the children to testify.

Ratliff v. Norfolk Southern Railway Co.

224 W. Va. 13 · West Virginia Supreme Court · Jul 27, 2009

Because the releases in Schubert and Duncan had granted general immunity to the railroad, as opposed to addressing a specific instance of disputed liability, they were void. Babbitt, 104 F.3d at 92-93 . … Ratliff qualified for the $35,000 separation allowance. The amount of $9,012.50 was withheld for federal and state income taxes, and Mr. Ratliff received a lump sum payment of $25,987.50. .

Pickens v. Knisely

29 W. Va. 1 · West Virginia Supreme Court · Oct 30, 1886

purchaser of real estate, who has purchased bona fide and without notice of any defect in the title he ac *25 quired through a deed from a married woman and her hugr band duly recorded with the certificate of a notary or other qualified … Darden, vol. 1, p. 842, where he says: “It would seem to be clearly and conclusively established by a weight of authority too great for opposition, unless on the ground of local and peculiar law, that the fact of jurisdiction

Scotty E. Boothe v. David Ballard, Warden

West Virginia Supreme Court · Jun 19, 2014

We review the final order and the ultimate disposition under an abuse of discretion 3  standard; the underlying factual finding under a clearly erroneous standard … In regard to claims of ineffective assistance of counsel, we have said, In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established

SER Matthew Harvey, Prosecuting Attorney v. Hon. John C. Yoder, Judge

239 W. Va. 781 · West Virginia Supreme Court · Oct 19, 2017

Sept. 28, 2016) (“MV-1 was under 18 in October 2015, and thus qualifies as an underage victim to whom Rule 412’s protections are especially important.”); People v. … In order to establish the falsity of the allegations, Mr. Rankin seeks to show that M.Y. had a motive to falsely accuse him. To do this, Mr.

Pyles v. Boles

148 W. Va. 465 · West Virginia Supreme Court · Apr 15, 1964

I believe cases cited in the majority opinion for the proposition that the statute creates a single offense are clearly distinguishable. … I am not aware of any case in which this Court has ever held heretofore that the availability to the accused of these motions relaxes or qualifies the constitutional rule relating to the sufficiency of the accusation.

State of West Virginia v. Morgan C. Vandergrift

West Virginia Supreme Court · Dec 7, 2020

Donohoe, who was qualified as an expert in accident reconstruction, testified to his examination of petitioner’s tire marks. Cpl. … This rule originally developed as an aid to the prosecution in cases in which the proof failed to establish some element of the crime charged. See 2 C.

Dickerson v. STATE WORKMEN'S COMPENSATION COM'R

173 S.E.2d 388 · West Virginia Supreme Court · Mar 6, 1970

In its opinion, the Appeal Board stated: The evidence clearly establishes that the lost time involved in this case and for which total temporary disability payments were made under the provisions of Code 23-4-6(a) resulted … However, the "mistake" by which the commissioner would justify the setting aside of this award was in the nature of additional medical testimony qualifying the evidence he had before him at the time he made the alleged mistake

LaRue v. LaRue

172 W. Va. 158 · West Virginia Supreme Court · May 27, 1983

Once that entitlement has been established, however, the statute becomes directive. … Furthermore, the statute clearly implies that if the court finds that assets earned by one spouse have been converted into property titled in the name of the other spouse, the assets should be restored to the spouse who originally

Dryden v. Swinburne

20 W. Va. 89 · West Virginia Supreme Court · Jul 8, 1882

This is our practice; and it is one, which has grown up and been approved without any statute establishing it. … This was the opinion of the county court in this case and in this it was clearly right.

Singer Manufacturing Co. v. Bennett

28 W. Va. 16 · West Virginia Supreme Court · Mar 27, 1886

the last certificate of the word *24 “commissioned” and the insertion in lieu thereof of the word “elected” is immaterial, because in the State of New York, judges are not “ commissioned,” but having been elected they are qualified … If it can be used with equal effect to establish the truth of these twro opposite hypotheses, it is clearly insufficient to establish or to exclude either of them. Hanson Bennett further testified, that, after he and W.

People's Bank of Wilkesbarre v. Columbia Collieries Co.

75 W. Va. 309 · West Virginia Supreme Court · Dec 15, 1914

That the last named company at the time it so purchased had actual notice of the pendency of the suit, and of the contract with Lathrop in relation to the same stock and bonds, is unquestionably established. … The finding is clearly sanctioned by the evidence. It therefore appears that it was within the power of the trust company to comply fully with all that was demanded by the suit.

White v. Manchin

173 W. Va. 526 · West Virginia Supreme Court · Jul 13, 1984

Although candidate Manchin is extremely vague in his representations concerning when he supposedly established domicile in the 14th Senatorial District, candidate Po-lan clearly admits in his deposition that he did not establish … that he did not establish his “sleeping quarters” until March 1984.

Martin v. Pugh

175 W. Va. 495 · West Virginia Supreme Court · Jun 6, 1985

This finding is not clearly wrong. *499 After July, 1978, the appellee began working 40 hours per week but at part-time hourly wages instead of on a salaried basis. … At that time the statute 13 provided that the maximum age for an applicant to take the qualifying examination for appointment as a member of a paid fire department was 35 years of age.