Case law

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.

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.”

Charles R. and Linda D. Wright v. Angela Banks, Assessor

232 W. Va. 602 · West Virginia Supreme Court · Nov 21, 2013

by the Property Valuation Training and Procedures Commission5 and the valuation system established by the Tax 4 “‘The function of a proviso in a statute is to modify, restrain, or conditionally qualify the … This Administrative Notice clearly demonstrates that a property’s value is more than just its purchase price.

State of West Virginia ex rel. Morgantown Oper. Co. LLC v. Judge Gaujot

West Virginia Supreme Court · Jun 11, 2021

Code 55-7B- 4(b), the term “injury” was clearly intended by the Legislature to include death that resulted from “the rendering of or failure to render health care,” W. Va. … (eff. 2015) (“It is the duty and responsibility of the Legislature to balance the rights of our individual citizens to adequate and reasonable compensation with the broad public interest in the provision of services by qualified

State v. Miller

195 W. Va. 656 · West Virginia Supreme Court · Dec 13, 1995

In this case, we find that the prosecution established beyond a reasonable doubt that the defendant was aware of the forcible compulsion by a third party, which coerced the victim. … MOORE: The only thing I’m going to qualify and ask her, if she knows Cecil’s — Cecil Miller’s children and when they ceased to be enrolled in school in Pendleton County. That’s all it is. Be about three questions. MR.

Handley v. Cook

162 W. Va. 629 · West Virginia Supreme Court · Feb 13, 1979

Such an assumption is clearly erroneous. F. … Low, 52 W.Va. 662 , 44 S.E. 410 (1901), where the Court noted that "when for a public use" qualified the right to condemn.

Vickers v. Kanawha & West Virginia Railroad

64 W. Va. 474 · West Virginia Supreme Court · Dec 9, 1908

is worth observing that, as the doctrine of non-delegable duties has not been formulated with much distinctness at the time the earlier case was decided, it is extremely probable that the effect of such a conception as qualifying … Now the evidence of Jarrett, the brakeman, and of Morris, an employee of Tully, on cross-examination, though not quite so clearly as might be desired, tends to show that Tully was personally present, himself directing the

SER Patrick Morrisey, Attorney General v. W. Va. Ofc. of Disciplinary Counsel, etc.

234 W. Va. 238 · West Virginia Supreme Court · Oct 15, 2014

Sanders, 192 W.Va. 602, 606 , 453 S.E.2d 436, 440 *246 (1994) (“The petitioner’s right to the extraordinary remedy of prohibition must clearly appear before he is entitled to such remedy.”). … VII, § 4 ("There shall be elected by the qualified voters of each county ... an attorney for the Commonwealth^]”). The attorney for the Commonwealth, not the Attorney General, has general prosecutorial authority.

State of West Virginia v. Kevin Woodrum

West Virginia Supreme Court · May 29, 2020

That distinction, the State argues, plus the disjunctive “or” found in (a)(2), demonstrates the Legislature’s intent to establish multiple ways to violate (a)(2). … That parallel language communicates the Legislature’s intent clearly: subsections (a)(1), (2), and (3) are to be read similarly.

Law v. Monongahela Power Co.

210 W. Va. 549 · West Virginia Supreme Court · Dec 12, 2001

upon West Virginia Code 55-2-12(19), "[b]ecause there is a material question of fact with regard to when the plaintiffs' right of action accrued so as to commence the running of the statute of limitations, the matter was clearly … Law to "suffer the consequences" for his lack of vigilance, the majority opinion has abandoned well-established principles of law. A.

Community Antenna Service, Inc. v. Public Service Commission

219 W. Va. 425 · West Virginia Supreme Court · Jun 30, 2006

In addition to establishing a national policy concerning cable communications, Congress expressed several other purposes in enacting cable-service legislation, 12 including the establishment of guidelines for the exercise … W.Va.Code § 24D-1-13 (1999). 15 In establishing this delegation of power to the PSC, the Legislature found that [I]t is in the public interest ... to establish just, reasonable and nondiscriminatory rates and charges for

Rymer v. South Penn Oil Co.

54 W. Va. 530 · West Virginia Supreme Court · Feb 2, 1904

Therefore a parol agreement, being a part of the consideration for the sale, restricting the use of the premises in one particular for a limited period is not merged in the deed, and does not qualify or in any way affect … It does not appear from the opinion clearly *543 ■whether the wells were drilled before or after the devisees took possession of their respective farms under the will.

Rohrbaugh v. State

216 W. Va. 298 · West Virginia Supreme Court · Dec 23, 2004

Rohrbaugh presented evidence to establish that he is "competent and capable of exercising the responsibility concomitant with the possession of a firearm." W. Va.Code § 61-7-7(c). … 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.

State v. Berry

227 W. Va. 221 · West Virginia Supreme Court · Jan 20, 2011

Berry timely disclosed the social anxiety evidence and been prepared to use a qualified expert, the evidence presumptively could have been admitted during a unitary proceeding. 19 . Mr. … We wish to make clear that, in our review of the evidence, we find that it was sufficient to establish both murder theories.

Fairmont General Hospital, Inc. v. United Hospital Center, Inc.

218 W. Va. 360 · West Virginia Supreme Court · Nov 29, 2005

Such necessity may only be proven by establishing one or more the following: 1. … An ICU or CCU shall be staffed with qualified personnel under the direction of one or more appropriately trained on-site physicians.

Milhollen v. Rice

13 W. Va. 510 · West Virginia Supreme Court · Jul 6, 1878

No meaning can be given them unless they are regarded as qualifying her absolute power of disposal. … Milhollen’s will, what I conceive to be established rules for construing wills.

State v. Greer

22 W. Va. 800 · West Virginia Supreme Court · Oct 27, 1883

that he possessed that moral perception, that sense of justice, that integrity of character, which would qualify him to pass upon the life of a fellow-citizen? … Has it been clearly shown by the affidavits that no injury resulted to the prisoner? I think not.

SER T.K. v. Honorable Lora A. Dyer, Judge, West Virginia DHHR, and T.C.

West Virginia Supreme Court · May 26, 2020

The circuit court directed that upon the child’s release from Highland Hospital, 18 the DHHR was to “cause T.K. to be examined by a qualified child psychologist or psychiatrist to 17 On the remaining allegation … desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly

Eric Foster v. David Ballard, Warden

West Virginia Supreme Court · Nov 4, 2015

review of the circuit court’s final order denying habeas corpus relief is threefold: “We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly … In Miller, this Court adopted the two-pronged test established in Strickland: In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established

Findley v. Cunningham

53 W. Va. 1 · West Virginia Supreme Court · Mar 28, 1903

Cunningham died, leaving a will in which plaintiff was appointed executor and who was duly qualified as such executor; that said Jas. L. … Why clearly at the time the promise or acknowledgment was made.