Case law

Barbara Stine Trivett, Administratrix of the Estate of Jasper Trivett v. Summers County Commission d/b/a Summers County Office of Emergency Management and Carmen Cales

West Virginia Supreme Court · Nov 8, 2023

Clearly, none these reasons are applicable when the minor dies. Id. at 430 (citation omitted). … Clearly, none of these reasons are applicable when the minor dies. In fact, death usually terminates a legal disability. . . .

Smith v. Mitchell

69 W. Va. 481 · West Virginia Supreme Court · Jun 16, 1911

“The established rules of construction applicable to-statutes also apply to the construction of constitutions.” 8 Cyc. 729. … To hold both houses to this settled construction of the reconsideration rule is the mere application of indisputably established principles.

State v. Bennett

183 W. Va. 570 · West Virginia Supreme Court · Jul 25, 1990

an expert witness upon cross-examination or relied upon by him in direct examination, state *575 ments contained in public treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established … Thus, we have determined from our review of the record in this matter, that the evidence was clearly introduced by the appellant and was therefore invited error from which the appellant is precluded from taking advantage

State v. Tommy Y., Jr.

219 W. Va. 530 · West Virginia Supreme Court · Oct 27, 2006

Judge: Ok, I assume the jury is qualified. And how long does [sic] the parties need to strike the jury? … The last response of the trial court clearly reveals that no objection for cause was made. “The proper time to make a challenge for cause is before the jur[y] is sworn to try the issue.”

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.

Sturm v. Board of Educ. of Kanawha County

223 W. Va. 277 · West Virginia Supreme Court · Dec 2, 2008

Accordingly, States seeking to qualify for federal funds must develop policies assuring all disabled children the “right to a free appropriate public education,” and must file with the Secretary of Education formal plans … Certainly, while it may be argued that the portion of the complaint concerning the alleged violation of Ronnie Lee S.’s right to an education was precluded by the Act, the gravamen of the action clearly falls beyond the general

Mohammed Ashraf, M.D. v. State Auto Property and Casualty Insurance

239 W. Va. 119 · West Virginia Supreme Court · Apr 26, 2017

The loss at issue was a fire and that qualifies as a covered cause of loss. … The reduction was clearly operable here where the building was vacant for almost six years prior to the October 29, 2012, fire. See Nathan v. Saint Paul Mut. Ins.

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

Duncil v. Kaufman

183 W. Va. 175 · West Virginia Supreme Court · Jun 12, 1990

The reason for this rule qualifying the right to withdraw a previously tendered guilty plea is stated in United States v. Barker, 514 F.2d at 221, quoting Brady v. … First, the judge was clearly informed that there was a prior invalid conviction. Second, there is no showing that he enhanced the defendant’s sentence because of the void conviction.

State of West Virginia v. Richard P.

West Virginia Supreme Court · Nov 21, 2014

O.C.’s counselor, Megan Mynes, who was qualified as an expert in the area of childhood sexual abuse, testified that O.C’s behavior was consistent with having been sexually abused. On cross-examination of Ms. … Given O.C.’s relatively young age of thirteen, the circuit court instructed the State to do its best to establish time frames.

In re K.S., B.M., and O.S.

West Virginia Supreme Court · Apr 26, 2022

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.’ Syl. … However, he plainly qualifies as a “respondent” in this matter pursuant to West Virginia Code § 49-1-201 (2018) which defines respondents as including “all parents, guardians, and custodians identified in the child abuse

McGraw v. Caperton

191 W. Va. 528 · West Virginia Supreme Court · Jul 21, 1994

During the first phase of RFP evaluation, multiple proposals were considered and the pool of qualified, responsible bidders was narrowed to three — Jostens, Tandy Corporation, and IBM. … Although technically outside the one fiscal year requirement, we do not hold that the whole contract violates the statute, as the intent was clearly that it be paid within one year.

Peck v. List

23 W. Va. 338 · West Virginia Supreme Court · Dec 20, 1883

L, said: “I am clearly of opinion this sale is void in point of law. … The evidence shows clearly, that this position is not sustained by the facts.

State of West Virginia v. Keith D.

West Virginia Supreme Court · Apr 9, 2015

The court addressed the matter as follows: Because habitual offender maximums clearly constitute the “maximum possible penalty provided by law”. . . the plain language of … Hairston, 522 F.3d 336, 341 (4th Cir. 2008) (concluding that the district court erred by failing to inform the defendant before accepting his plea that he would face an enhanced statutory minimum sentence if he had qualifying

State Ex Rel. Gordon Memorial Hospital, Inc. v. West Virginia State Board of Examiners for Registered Nurses

136 W. Va. 88 · West Virginia Supreme Court · Jun 19, 1951

It shall examine, license and renew the license of duly qualified applicants.” … Such instruction and experience may be secured in one or more institutions approved by the board; (2) it is prepared to meet other standards established by this law and by the board.

Grim v. Eastern Electric, LLC

234 W. Va. 557 · West Virginia Supreme Court · Nov 3, 2014

based on the finding that the PWA was petitioners’ exclusive remedy, and that damages an employee can recover under the PWA do not constitute wages within the meaning of the WPCA. 24 Petitioners assert the circuit court clearly … To qualify under the PWA, however, the contract must not only involve a "public improvement” but also must involve the "construction of” a public improvement. W.Va.Code § 21-5A-2.

Jeremiah Goodwin v. City of Shepherdstown

West Virginia Supreme Court · Mar 15, 2019

App’x 32, 40 (2d Cir. 2014) (stating whether particular dismissal qualifies as final, favorable termination requires consideration of particular circumstances presented). … Olney, the officers failed to disclose this clearly exculpatory evidence 4 and intentionally suppressed this alibi witness. Mr.

Maupin v. Insurance Co.

53 W. Va. 557 · West Virginia Supreme Court · Jun 6, 1903

This deliberate and solemn assertion found in the syllabus of that case is not cut down nor qualified to any extent whatever in the opinion of the Court delivered by Judge Holt. … Such conduct clearly estops the defendant from making such a defense now.”

Robert J.M. v. David Ballard, Warden

West Virginia Supreme Court · Jun 17, 2016

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 … Furthermore, [i]n the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

State v. Williams

172 W. Va. 295 · West Virginia Supreme Court · Jun 27, 1983

The well-established standard which guides our review of the sufficiency of evidence in a criminal trial was stated in Syllabus Point 1 of State v. … While the evidence upon which the verdict was based was largely circumstantial, it was substantial and, we believe, clearly sufficient to justify the jury’s verdict.