Case law

Brooks v. Galen of West Virginia, Inc.

220 W. Va. 699 · West Virginia Supreme Court · Apr 19, 2007

We have further explained: The rule in West Virginia is that parties must speak clearly in the circuit court, on pain that, if they forget their lines, they will likely be bound forever to hold their peace.... … applicable standard of care to which his or her expert opinion testimony is addressed; (d) such expert maintains a current license to practice medicine in one of the states of the United States; and (e) such expert is engaged or qualified

Brown v. Gates

15 W. Va. 131 · West Virginia Supreme Court · May 10, 1879

The 3d section provides, that “the mayor, recorder and eouncilmen, as soon as they have been elected and qualified, as hereinafter provided, shall be a body politic, by the name of ‘the city of Charleston’ and shall have … Clearly then the absolute immunity of a State from garnishment, direct or indirect, unless with its own consent expressed bylaw, must be considered-as completely established.

Matter of Troisi

202 W. Va. 390 · West Virginia Supreme Court · Jun 18, 1998

The record clearly shows that the respondent engaged in the conduct alleged in Count I of the formal charges. … We are confident, however, that this Court is qualified to determine both the propriety of lawyer discipline in cases of judicial misconduct as well as the nature of such discipline.

Edward Jesse Dreyfuse, In re Application to Present Complaint to the Grand Jury

West Virginia Supreme Court · Apr 3, 2020

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. … 14  defenses asserted in good faith, they serve to deny the very access to the judicial system they would claim as justification for their immunity

State Ex Rel. Marockie v. Wagoner

190 W. Va. 467 · West Virginia Supreme Court · Dec 13, 1993

Under the amendment procedure, a majority of qualified voters voting on the issue must approve the issuance of the bonds.” … Its introductory language clearly compels this conclusion as it states “[njotwithstanding the provisions of section six of this article[.]”

State Ex Rel. Allman v. MacQueen

209 W. Va. 726 · West Virginia Supreme Court · Jul 6, 2001

We note further that Respondent is both experienced and uniquely qualified to conduct as many trials, be they single or all-issue, as Respondent is desirous of conducting and as time and circumstances permit. … trial of all or most parties; (5) cases involving common work sites; (6) cases involving common product exposure; (7) cases involving FELA; and (8) cases which, by reason of a particular fact or circumstances in the case, clearly

State Ex Rel. Koppers v. INTERN. UNION, ETC.

298 S.E.2d 827 · West Virginia Supreme Court · Dec 14, 1982

Vocelka, supra 32 N.W.2d, at 278 : Without question the first part of the charge came clearly within the classification of a constructive criminal contempt, which could only be prosecuted in the name of the State and by information … The danger of vexatious litigation to which the majority alludes is qualified by the nature of the procedure involved. A judge must first determine that an injunction is required and enter an order granting such relief.

Edward Jesse Dreyfuse, In re Application to Present Complaint to the Grand Jury

West Virginia Supreme Court · Apr 3, 2020

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. … 14  defenses asserted in good faith, they serve to deny the very access to the judicial system they would claim as justification for their immunity

State Ex Rel. Battle v. Baltimore & Ohio Railroad

149 W. Va. 810 · West Virginia Supreme Court · Jul 20, 1965

We regard this decision as unshaken and as stating established law. * * * “* * * . But the extreme case came earlier. In Maine v. Grand Trunk Ry. Co., 142 U. … We find no such attempt or anything to qualify the plain inference from the statute taken by itself.”

Liberty Mutual Insurance v. Patrick Morrisey, Attorney General

236 W. Va. 615 · West Virginia Supreme Court · Jun 11, 2014

The State asserts that the use of the qualifying language makes the statute ambiguous because salvage/recycle OEM crash parts do not maintain the manufacturer’s warranty. … It is the duty of the legislature to consider facts, establish policy, and embody that policy in legislation.

Larry C. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Feb 22, 2019

To counter this evidence, petitioner presented the testimony of a qualified clinical psychologist, who testified that the victims’ stories were identical and seemed rehearsed. … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State of West Virginia v. Joe Roger Lane

241 W. Va. 532 · West Virginia Supreme Court · Apr 3, 2019

using drugs at the time she made the purchases and had been clean since she lost her *661 youngest son. 6 The jury also heard from Tara Hayslip, a forensic analyst with the West Virginia State Police Laboratory, who was qualified … Given the jury's decision to convict the petitioner following its deliberations, the jury clearly found the confidential informant to be a credible witness.

Leonard v. Smith

34 W. Va. 442 · West Virginia Supreme Court · Dec 12, 1890

Her grand-father, Ebenezer Leonard, qualified as administrator of her father, and as her guardian. On November 6,1879, at the age of nineteen, she married the defendant Eloyd G. Smith. … These things are proved not simply by husband and wife, or by the husband’s mother and brother, but the evidence of Courtney, Hess, and Phillipps, tends to establish the same fact.

Dower v. Church

21 W. Va. 23 · West Virginia Supreme Court · Dec 2, 1882

These views, may be perhaps regarded as to some extent, qualified by the decision in Connolly v. … This is clearly not so.

Woodruff v. Board of Trustees of Cabell Huntington Hospital

173 W. Va. 604 · West Virginia Supreme Court · Jul 11, 1984

The petitioners’ group distribution of leaflets was not clearly in violation of the terms of the collective bargaining agreement. … It qualifies as a political subdivision exempt from application of the LMRA and the primary jurisdiction of the National Labor Relations Board. See City of Fairmont v.

State Ex Rel. Daniel v. Legursky

195 W. Va. 314 · West Virginia Supreme Court · Nov 17, 1995

In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … To establish a violation under Cronic, a petitioner must demonstrate that he or she suffered the equivalent of a complete absence of counsel.

State v. Sheppard

172 W. Va. 656 · West Virginia Supreme Court · Nov 10, 1983

Rather, the right of self-representation is a qualified right and its exercise is subject to reasonable restrictions designed to further two important considerations: protection of other fundamental rights guaranteed the … himself have the skill and experience of a lawyer in order competently and intelligently to choose self-representation, he should be made aware of the dangers and disadvantages of self-representation, so that the record will establish

State v. Farris

221 W. Va. 676 · West Virginia Supreme Court · Dec 20, 2007

We conclude that the trial court's findings with which we agree constitute a sufficient basis for this Court to hold that this evidence is sufficient to qualify as favorable evidence which "could reasonably be taken to put … Before this Court should jump to the conclusion that a trial court got it wrong, we should ensure that the record actually establishes that the trial court did get it wrong. Here, that is not the case.

Houston v. McCluney

8 W. Va. 135 · West Virginia Supreme Court · Jul 20, 1874

I think the principles that usually inspire the action of the court apply more clearly to this than to many other eases in which their application is not doubted. … The plaintiff must establish both of these facts, and the defendants may controvert them.

Smith v. Penn Line Service, Inc.

145 W. Va. 1 · West Virginia Supreme Court · Jan 19, 1960

The Court concludes *29 that these two sections qualify the meaning of 170-15-15, to the extent that if visibility is reduced by fog, or snow, or rain, or other adverse atmospheric conditions, to the point where lights of … That evidence establishes also that such negligence was a proximate cause of the injury to the plaintiff. No further reference need be made to that phase of the case.