Case law

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

West Virginia Supreme Court · Nov 14, 2024

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 A further reason for our decision today to reaffirm the validity

Judith Collett, Assessor v. Eastern Royalty, LLC

232 W. Va. 126 · West Virginia Supreme Court · Oct 21, 2013

The Property Valuation Training and Procedures Commission (“PVC” or “Valuation Commission”) is established through W. Va. … other conclusion other than the Division of Forestry is the agency designated to inspect property that a taxpayer contends to be managed timberland to determine if that property qualifies

State v. LaRock

196 W. Va. 294 · West Virginia Supreme Court · Mar 20, 1996

The judge did nothing wrong by following established precedent. … First, the defendant argues he was denied a panel of qualified jurors.

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

West Virginia Supreme Court · Nov 14, 2024

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 A further reason for our decision today to reaffirm the validity

Lawyer Disciplinary Board v. Smoot

228 W. Va. 1 · West Virginia Supreme Court · Nov 17, 2010

The HPS opined that, in order to establish that the Respondent violated Rule 3.4(a) by withholding the May 16, 2001 letter, the ODC must establish by clear and convincing evidence that the act of withholding Dr. … Veneri, 206 W.Va. 384, 386 , 524 S.E.2d 900, 902 (1999) (finding lawyer violated Rule 8.4(d) by failing to inform family law master or opposing counsel that proposed Qualified Domestic Relations Order had been altered while

State v. Scott

206 W. Va. 158 · West Virginia Supreme Court · Jul 8, 1999

Frost testified that his opinion was not a legal conclusion — that he was neither trained nor qualified to render a legal conclusion concerning Brandon Rosenberger’s death. … The specific and precise purpose for which the evidence is offered must clearly be shown from the record and that purpose alone must be told to the jury in the trial court’s instruction. Syllabus Point 1, State v.

Hominy Creek Preservation Ass'n v. West Virginia Department of Environmental Protection

230 W. Va. 151 · West Virginia Supreme Court · Oct 19, 2012

The Court also stated that “[t]he letter of clarification does not qualify as a motion to alter or amend judgment under Rule 59(e) of the West Virginia Rules of Civil Procedure for the purposes of tolling the appeal period … The Board also examined the fee award pursuant to the framework established in Bostic v. American General Finance, Inc., 87 F.Supp.2d 611, 614-19 (S.D.W.Va.2000), and Schultz v.

Fayette County National Bank v. Lilly

199 W. Va. 349 · West Virginia Supreme Court · Mar 14, 1997

of law, Justice Cleckley appropriately qualified this area in Gentry v. … The issue posed to this Court by the Lillys clearly requires legislative consideration and legislative action as it is a marked deviation from existing law.

State of West Virginia v. Jay Folse

West Virginia Supreme Court · Nov 7, 2023

There, the Legislature qualified the phrase “any person,” and excised from that class granted an appeal by right those defendants who pled guilty in magistrate court “where the defendant was represented by counsel at the … We have already established that Mr.

State Ex Rel. McMannis v. Mohn

163 W. Va. 129 · West Virginia Supreme Court · May 22, 1979

While it is necessary to establish a factual basis to prove the recidivist charge, these facts do not bear upon the defendant's guilt of a substantive offense. In Syllabus Point 1 of Conner v. … Griffith, W.Va., 238 S.E.2d 529 (1977), we defined the content of our Double Jeopardy Clause as follows: "The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further

Bank of Mill Creek v. Elk Horn Coal Corp.

136 W. Va. 36 · West Virginia Supreme Court · Jun 5, 1951

Eavenson were appointed and qualified as receivers. An ancillary proceeding in Letcher County, Kentucky, followed, and Goldsmith, Eavenson and one J. J. Moore were appointed ancillary receivers in the State of Kentucky. … Clearly, as to the 38,000 certificates of which Watson died possessed, the claim of Elk Horn is that of a common .creditor, and it must share equally with other common creditors.

State v. Bragg

87 S.E.2d 689 · West Virginia Supreme Court · Jun 7, 1955

The threshold question is whether the venue of the case was established to lie in Kanawha County. … It has long been established by many decisions of this Court that where it clearly appears affirmatively that an error of the trial court could not affect the merits of the case, nor in any way be prejudicial to an accused

Heldreth v. Marrs

188 W. Va. 481 · West Virginia Supreme Court · Dec 14, 1992

Clearly, a plaintiff who witnesses a closely related person severely injured or killed by the negligence of another will experience a more profound emotional trauma than a plaintiff who has no relationship with the injury … Merrill, 406 A.2d at 304 (harm for which plaintiff seeks to recover must be susceptible to some form of objective medical determination and proved through qualified medical witnesses); Folz v.

Crum v. Ward

122 S.E.2d 18 · West Virginia Supreme Court · Sep 7, 1961

While there was some contrariety in the testimony of the witness, there was nothing which clearly established hostility or surprise. … Generally, and in the case at bar, the existence, the degree and the duration of pain and suffering of the plaintiff are clearly established by competent evidence; and to say that there is no evidence on which to base an

State v. Hayes

109 W. Va. 296 · West Virginia Supreme Court · May 31, 1930

An objection to a venireman that he is not qualified according to law comes too late after he is sworn to try the issue. Thompson v. Commonwealth, 8 Grat. (49 Va.) 637; Ohio River R. Co. v Blake, 38 W. Va. 718 , 18 S. … But, if there has been no conspiracy, such acts and declarations cannot be considered for the purpose of establishing a conspiracy in the first place.

State v. Jenkins

229 W. Va. 415 · West Virginia Supreme Court · Jun 21, 2012

“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.” Id., Syl. Pt. 3. … The evidence establishing the delivery of oxycodone is discussed in detail below. .

Robert D. Toler v. Cornerstone Hospital of Hungintgon, LLC

West Virginia Supreme Court · Jun 15, 2023

The purpose of the peer review privilege is steadfast in protecting peer-to- peer examination of the performance of health care services: “The enactment of West Virginia Code §§ 30-3C-1 to -3 (1993) clearly evinces a public … as evidence in any civil action arising out of the matters which are subject to evaluation and review by such organization[.]”6 But, information, documents, or records otherwise available from original sources are not immune

Carter v. Reserve Gas Co.

84 W. Va. 741 · West Virginia Supreme Court · Oct 14, 1919

These express terms are not overthrown nor qualified by any presumption that the words “to descend” were used in their technical sense. A mere presumption always yields to the force of express words of negative import. … Nor does the inhibition of sale or disposition of the property clearly or conclusively import intention to grant a fee simple title.

Rogers v. Albert

208 W. Va. 473 · West Virginia Supreme Court · Dec 13, 2000

The fact that in a particular case it may take longer than 48 hours to consolidate pretrial proceedings does not qualify as an extraordinary circumstance. … As dicta, the quoted language from Harper clearly has no stare decisis or binding effect upon this Court.

Caperton v. AT Massey Coal Co., Inc.

223 W. Va. 624 · West Virginia Supreme Court · Jul 28, 2008

The facts of the instant case clearly establish that this element has been met. … Furthermore, this qualifier helps to ensure that illegitimate attempts to remove an elected judge are unsuccessful.