Case law

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.

Wheeling & Elm Grove R. R. v. Town of Triadelphia

58 W. Va. 487 · West Virginia Supreme Court · Dec 12, 1905

Va. 464 , may seem tó be inconsistent with this position, but it does not clearly propound a different doctrine. … They may determine it in a qualified manner, just as an individual in the exercise of his common-law right of abatement, may determine for himself what is a nuisance.

K. Subramani v. W. Va. Board of Governors

West Virginia Supreme Court · Nov 20, 2015

Similarly, the WVU CEMR Criteria for Promotion and Tenure required that, in order to qualify for promotion to the rank of professor, a candidate must show a sustained record of significant contributions in teaching and research … In addressing these factors, the circuit court reasoned that the legislature clearly stated the purpose of the grievance procedure was to resolve grievances in a fair, efficient, cost-effective, and consistent manner.10 Taking

United Hospital Center v. Cheryl Romano, Assessor Of Harrison County

West Virginia Supreme Court · May 29, 2014

a very precise procedure for determining the taxability of hospital-owned property, the nuances of which the majority of the Court clearly has not grasped in its decision of this case. 3 … Whenever property is required to be “used” for stated purposes in order to qualify for exemption under W. Va.

State ex rel. Johnson v. Johnson

28 W. Va. 56 · West Virginia Supreme Court · Mar 27, 1886

to cases coming within the provision of this act, and emphatically in cases of injunctions to judgments at law, the statute is explicit and imperious, and takes from the chancellor all discretion as to the security, as clearly … The balance of this plea violates the well established rules of pleading to such an extent, that it should be styled an argument of counsel for the defendants rather than a plea. The plea of John 0.

Michael S. Thompson v. Donnie Ames, Superintendent

West Virginia Supreme Court · Nov 8, 2019

In cases involving a criminal conviction based upon a guilty plea, the prejudice requirement of the two-part test established by Strickland v. … However, petitioner fails to clearly state what he wanted trial counsel to accomplish regarding the independent testing.

Pegram v. Stortz

31 W. Va. 220 · West Virginia Supreme Court · Feb 28, 1888

I have sought for this quotation,' because, from the manner it is inserted by Sedgwick, 1 supposed it was qualified by what preceded or followed. But I have been unable to find it. … These views, expressed perhaps more clearly in Franklin v.

Bright v. Tucker County Board of Education

184 W. Va. 33 · West Virginia Supreme Court · Nov 9, 1990

The petitioners appealed this decision to the State Superintendent of Schools, who refused to hear their case because of the new grievance procedure established by W.Va.Code § 18-29-1 et seq. … "Interpretations of statutes by bodies charged with their administration are given great weight unless clearly erroneous.” Syl. pt. 4, Security Nat'l Bank & Trust Company v. First W. Va.

Richard Otto and Patricia Otto v. Catrow Law, PLLC.

West Virginia Supreme Court · Nov 2, 2020

Thus, the failure of Petitioners to establish any one of those three elements is fatal to their claim. … We have also held that “[w]hether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly

State Ex Rel. Cohen v. Manchin

175 W. Va. 525 · West Virginia Supreme Court · Oct 2, 1985

It does appear that W.Va.Code, 3-8-7, clearly permits the filing of a financial statement by a candidate’s financial agent in lieu of the candi *536 date. … Marra involved a city ordinance establishing a one-year residency requirement for city council members.

West Liberty University Board of Governors v. Stewart Lane

West Virginia Supreme Court · Jan 5, 2018

Defendants contend that evidence regarding “other” hoops was clearly irrelevant. In the alternative, defendants argue that, even if such evidence had been relevant, Mr. … Moreover, he had no design background that would qualify him to testify regarding the design and function of such hoops. Defendants highlight that Mr.

Pethel v. McBride

219 W. Va. 578 · West Virginia Supreme Court · Jul 18, 2006

Our law is well established that non-jurisdictional errors are waived by the entry of a voluntary guilty plea. … In the case at hand, the change in the statute was clearly procedural.

Bowyer v. Hi-Lad, Inc.

216 W. Va. 634 · West Virginia Supreme Court · Dec 3, 2004

In this specific context, we articulated the elements for establishing standing in syllabus point 5 of Findley as follows: Standing is comprised of three elements: First, the party attempting to establish standing must have … Bowyer had to establish that he suffered an injury-in-fact. However, Mr.

Perdue v. Wise

216 W. Va. 318 · West Virginia Supreme Court · Dec 1, 2004

. *323 138, 459 S.E.2d 415 (1995) (“Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.”). … this Court found the “previous liability” exception applicable due to preexistent borrowing compelled by bleak economic conditions: [T]here is no question that the money borrowed from the federal government pursuant to our qualifying

State v. McKenzie

197 W. Va. 429 · West Virginia Supreme Court · Jul 18, 1996

We find that neither officer’s testimony was crucial to the State’s case and was not used to establish appellant’s guilt. … This Court has clearly stated: ‘“A judgment of conviction will not be reversed because of improper remarks made by a prosecuting attorney ... to a jury which do not clearly prejudice the accused or result in manifest injustice

Zimmerer v. Romano

223 W. Va. 769 · West Virginia Supreme Court · Apr 30, 2009

Va.Code § 17-2A-19 is clearly a more general statute explaining the DOH’s process in disposing of excess property. W. … In order to qualify for preferential treatment, the surviving spouse or descendant need not be a beneficiary of the individual.

Roy v. D'Amato

218 W. Va. 692 · West Virginia Supreme Court · Mar 31, 2006

STANDARD OF REVIEW It is well-established that, “ ‘ “Appellate review of a circuit court’s order granting a motion to dismiss a complaint is de novo.” Syllabus Point 2, State ex rel. McGraw v. … This Court has also held that, “Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.”

West Virginia Human Rights Commission v. Wilson Estates, Inc.

202 W. Va. 152 · West Virginia Supreme Court · Jun 1, 1998

Stephen did not qualify for protection under the "race” classification. The circuit court appears to have been persuaded by both the statute of limitations argument and the fact that Ms. … Although the record clearly reflects the Commission's objections to the scheduling of the hearing on September 9, 1996, the circuit court proceeded to hold the hearing on that date.

State v. Condry

83 S.E.2d 470 · West Virginia Supreme Court · Sep 10, 1954

According to the information of relators, each rented vehicle is driven by a qualified driver of the lessee. None of such drivers is an employee of, or has any relationship with, the relators. … The rule is firmly established that a statute susceptible of two constructions, one of which is, and the other of which is not, violative of a constitutional provision, will be given that construction which sustains its constitutionality

Farber v. Douglas

178 W. Va. 491 · West Virginia Supreme Court · Oct 19, 1987

Clearly his direct involvement in the underlying allegations rendered it impossible for the prosecutor to objectively serve the interests of justice. … It is clear from our decision in Wade that in order to support a charge of false swearing under W.Va.Code, 61-5-2, the person administering the oath or affirmation must be qualified to do so and the sworn testimony, document