Case law

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

Williamson v. Musick

60 W. Va. 59 · West Virginia Supreme Court · Feb 13, 1906

Every qualified voter has the right to freely cast one ballot, and to have that ballot express his choice, and to have it counted as cast. … The election room was in the same building which was established by law as the place of voting.

State Ex Rel. State Farm Fire & Casualty Co. v. Madden

192 W. Va. 155 · West Virginia Supreme Court · Oct 28, 1994

Of course, the insurance company or the doctor could move the court to restrict production of documents that would qualify as work or would otherwise be privileged. … However, there is clearly no taint of illegality attached to Mr. Sysak’s visual surveillance, which he conducted by sitting in a car parked on a public street near National Auto Paint Company. Mr.

Brian M. v. Ames, Superintendent

West Virginia Supreme Court · May 20, 2021

Smith was an independent, unbiased, qualified forensic evaluator and that it was appropriate for Dr. Smith to prepare the post-trial report. See Morgan, 2013 WL 149602, at *10, *20. … Victor’s performance was “clearly deficient” because Mr. Victor waived petitioner’s presence at the omnibus hearing. Petitioner alleges that Mr.

Calwell's Ex'r v. Prindle's Adm'r

19 W. Va. 604 · West Virginia Supreme Court · May 6, 1882

I have shown that the said note or bond, if ever made, was not material or necessary to prove or establish the plaintiff’s deb*1 in this cause. … The copy of the deed of trust filed by plaintiff with his bill as evidence in the cause establishes the debt.

Affiliated Construction Trades Foundation v. Public Service Commission

211 W. Va. 315 · West Virginia Supreme Court · Jul 3, 2002

The Commission does not establish parameters for the workforce composition for a project, even a traditional utility project. … In fact, the record clearly reveals that ACT indeed sought to revoke the *791 certificate of convenience and necessity issued to Big Sandy.

State v. Hinkle

200 W. Va. 280 · West Virginia Supreme Court · Oct 31, 1996

Finally, our conclusion about the weight of the evidence is buttressed by the fact that evidence of the presence of alcohol was admitted by the trial court even though contemporaneous blood tests indicated the defendant was clearly … (Emphasis added). 8 .The tavern owner indicated the defendant was a regular patron of her establishment. 9 . The trial court qualified Dr. Washburn as an expert in the field of diagnostic radiology. 10 .

Highland Mining Co. v. West Virginia University School of Medicine

235 W. Va. 370 · West Virginia Supreme Court · May 21, 2015

Consumer Product Safety Commission, 600 F.Supp. 114 (D.D.C.1984), the district court addressed this same issue and found documents qualified under the federal FOIA “deliberative process” exemption because they detailed an … The federal FOIA exemption provides that government can withhold “personnel and medical files and similar files .the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552

Cline v. Mirandy

234 W. Va. 427 · West Virginia Supreme Court · Nov 3, 2014

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a de novo review.” … Hill, 216 W.Va. 155, 160-61 , 603 S.E.2d 177, 182-83 (2004), this Court observed that West Virginia Code § 53-4A-1(a) established a jurisdictional base for habeas relief: “[Hjabeas lies only for one ‘convicted of a crime

State v. Phillips

205 W. Va. 673 · West Virginia Supreme Court · Jul 14, 1999

At that time, they were informed by the cashier that they did not have enough purchases to qualify for the cashing of the payroll check. Wal-Mart requires that the purchases total at least one-third of the check. … The Wilen court found that public policy supported this conclusion: The practice of municipalities which allows law enforcement officers, while off-duty and in uniform, to serve as peacekeepers in private establishments open

Elmore v. Triad Hospitals, Inc.

220 W. Va. 154 · West Virginia Supreme Court · Dec 14, 2006

Charlie A.L., 194 W.Va. 138 , 459 S.E.2d 415 (1995), "[w]here the issue on appeal from the circuit court is clearly a question . . . involving an interpretation of a statute, we apply a de novo standard of review." III. … Simply put, the mere mailing of a notice of claim to a hospital where a physician provides medical services cannot suffice to establish service of the notice of claim upon the physician unless the notice is received by a

Corner v. Griffith

238 S.E.2d 529 · West Virginia Supreme Court · Nov 1, 1977

Although we have not had occasion to define its full scope, our Double Jeopardy Clause provides immunity from further prosecution where a jury in a court having jurisdiction has acquitted the accused. … Louk also correlated the due process rights required at a probation revocation hearing with those at a parole revocation hearing. [17] Clearly from the foregoing cases this Court has accorded substantial due process rights

Estate of Stollings v. Division of Environmental Protection

209 W. Va. 194 · West Virginia Supreme Court · Feb 9, 2001

The Circuit Court also agreed that the Appellant’s designation as an Engineer III did not qualify as a “promotion” under the applicable regulations. II. … Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.” Syllabus Point 1, Randolph County Bd. of Ed. v. Scalia, 182 W.Va. 289 , 387 S.E.2d 524 (1989). In Martin v.

Green v. Mullins

146 W. Va. 958 · West Virginia Supreme Court · Feb 27, 1962

Green and Marton Green were designated by the will as the executors of the estate and they qualified as such on September 20, 1952. … The record fails to disclose clearly the nature of the property which was not disposed of by the will and which thus passed to the heirs in accordance with laws of descent and distribution, but apparently it consisted solely

Jan-Care Ambulance Service, Inc. v. Public Service Commission

206 W. Va. 183 · West Virginia Supreme Court · Oct 15, 1999

These various provisions and definitions reveal that emergency services personnel and providers who render emergency medical services, as contemplated by the Emergency Medical Act of 1996, must be qualified to provide some … Faerber, 181 W.Va. 592, 597 , 383 S.E.2d 774, 779 (1989) (citing Black's Law Dictionary 79 (5th ed.1979), and determining that use of the term "and" "clearly ma[de] both conditions necessary, not merely either, of the two

D.B. v. J.R.

235 W. Va. 409 · West Virginia Supreme Court · May 22, 2015

Further, “‘[w]here 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.’ Syllabus point 1, Chrystal R.M. v. … She was certainly qualified to give her medical opinion concerning the child’s asthma being aggravated by secondhand smoke.

Kanawha Valley Bank v. Hornbeck

151 W. Va. 308 · West Virginia Supreme Court · Dec 13, 1966

He also gave her fifty thousand dollars outright, and provided for the establishment of corporations to handle benevolent matters, for the appointment of executors and trustees, and for the types of powers to be vested in … (Defeasible fees have sometimes been referred to by decisions as base, qualified or determinable fees. 19 Am. Jur., Estates, § 116. See Stephenson v. Kuntz, 131 W. Va. 599 , 49 S.E.2d 235 ).

Stern v. Chemtall Inc.

217 W. Va. 329 · West Virginia Supreme Court · Jul 14, 2005

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. … Judicial supervision and responsibility “implies the duty of establishing and maintaining civilized standards of procedure and evidence.” McNabb v.

Roger Smith v. Stockmeier Urethanes U.S.A., Inc.

West Virginia Supreme Court · Oct 6, 2021

Specifically, the court found that respondent met its burden “to establish that [it] is likely to succeed on the merits, that [it] is likely to suffer irreparable harm [in] the absence of preliminary relief, that the balance … Respondent qualifies this re-installation as an “attempt to over-write information on the laptop computer hard drive to keep it from being available for [respondent’s] review.”