Case law

State of West Virginia v. Alexander Paul Delorenzo

West Virginia Supreme Court · Nov 17, 2022

“[T]he prosecution must show by ‘affirmative evidence’ as a condition precedent to its admissibility that the voluntariness of a confession is established by a preponderance of the evidence.” Farley, 192 W. … Haring was not qualified to 31 testify as a criminologist about the following issues: (1) that it is not typical that someone would place pornography on someone else’s home

Roush v. Johnson

139 W. Va. 607 · West Virginia Supreme Court · Mar 30, 1954

Having inspected the installations, and being a highly qualified witness, Perry gave graphic testimony as to the condition in regard to the electrical installations, which he found on the Garton property on the day the inspection … That both the distributing company and the outfitting company were independent contractors appears clearly from this record.

State of West Virginia v. Daniel M.

West Virginia Supreme Court · Nov 19, 2018

The State also presented the testimony of Betty Fisher, who was qualified as an expert forensic nurse examiner. Ms. … 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

Horizon Ventures of West Virginia, Inc. v. American Bituminous Power Partners, L.P. and American Bituminous Power Partners, L.P. v. Horizon Ventures of West Virginia, Inc.

West Virginia Supreme Court · Apr 18, 2022

The parties created a contractual relationship in 1989, with a Lease Agreement establishing the rent that AMBIT would pay to Horizon. … dispute shall be submitted to the consulting engineer retained by the “Lenders” . . . or, if such consulting engineer refuses or is unable to serve in such capacity, by any qualified

State of West Virginia v. Campbell

West Virginia Supreme Court · Jan 28, 2022

Moreover, “A trial court’s decision regarding the voluntariness of a confession will not be disturbed unless it is plainly wrong or clearly against the weight of the evidence.” Syl. pt. 3, Id. … We find the jury was properly instructed regarding the State’s burden to establish, by a preponderance of the evidence, that Mr.

Ralph Terry, Acting Warden v. Phillip A. Ward

807 S.E.2d 311 · West Virginia Supreme Court · Nov 9, 2017

the experts in this case, reflected by their answers to the questionnaires presented to them in lieu of courtroom testimony, make it clear that DNA results can never conclusively establish … The Petitioner was represented by highly qualified, trial-experienced, capable attorneys. Two independent laboratories re-examined the physical blood evidence.

State of West Virginia v. Jesse Lee Heater

237 W. Va. 638 · West Virginia Supreme Court · Jun 2, 2016

Sixth Amendment decision, the United States Supreme Court reaffirmed that “the constitutional right at issue here is fundamental: ‘[T]he sixth Amendment guarantees a defendant the right to be represented by an otherwise qualified … Heater’s evidence and argument shows, at best, a “mere opportunity to influence the jury,” which is clearly insufficient to warrant a new trial. State v. Sutphin, 195 W.

Town of Weston v. Ralston

48 W. Va. 170 · West Virginia Supreme Court · Jun 12, 1900

They are often re-examined, reversed and qualified by the courts themselves whenever they are found to be either defective, ill founded or otherwise incorrect.” … Clearly not. To do so, would nullify its own decision.

State of West Virginia ex rel. Perri DeChristopher v. Phillip D. Gaujot

West Virginia Supreme Court · Mar 16, 2021

Va. 135, 148, 744 S.E.2d 245, 258 (2013) (circuit court’s voluntariness ruling can only be reversed where it is plainly wrong or clearly against the weight of the evidence). … Mayhew, the self-styled “free-lance interpreter,” was actually qualified to perform 6 what should have been her sole task: to translate the detective’s question into Spanish

Mitchell v. State Workmen's Compensation

256 S.E.2d 1 · West Virginia Supreme Court · Jul 13, 1979

Commissioner determines in a W.Va.Code, 23-5-1, proceeding, that the claimant was not lawfully entitled to the temporary total disability benefits originally by virtue of the fact that the claim did not jurisdictionally qualify … The medical evidence clearly indicates that Dr. Hills treated the claimant up to September 26, 1977, [13] and the Commissioner should have terminated the disability payments as of this date.

Continental Coal Co. v. Connellsville By-Product Coal Co.

104 W. Va. 44 · West Virginia Supreme Court · Jun 7, 1927

The courts are in accord in holding that where the landowner has deeded his mineral, and has not used express words showing clearly or by necessary implication that he has waived or qualified his right to subjacent support … Counsel for *63 plaintiff say we should take a step forward under the ever-expanding principles of equity to meet, changing conditions, and modify the ancient and established rules respecting sub-jacent support.

State of West Virginia v. Rashaun R. Boyd and Christopher R. Wyche

238 W. Va. 420 · West Virginia Supreme Court · Jan 19, 2017

Consequently, the circuit court’s factual findings should be reviewed under a clearly erroneous standard, and questions of law are subject to a de novo review.” Syl. pt. 7, State v. Black, 227 W. … Even if the fingerprint card arguably is not self-authenticating, the district court did not abuse its discretion in admitting the card into evidence, because it also qualifies as

Ammons v. Ammons

50 W. Va. 390 · West Virginia Supreme Court · Dec 7, 1901

This a purchaser clearly has a right to do, as has been held in a number of Virginia eases. In the case of Goddin v. … The principle of representation in such cases is well established.

FirstEnergy Generation, LLC v. James J. and Carol Muto

West Virginia Supreme Court · Mar 29, 2018

The West Virginia Workers’ Compensation Act was designed to provide a system of compensation to injured employees while providing immunity to qualifying employers from employees’ common law tort actions. W. Va. … Because this approach is blatantly wrong and contrary to the established precedent of this Court, I dissent. 19

State v. Green

220 W. Va. 300 · West Virginia Supreme Court · Feb 21, 2007

The State called Trooper Geoffrey Pasko, and the trial court qualified him as an accident reconstruc-tionist. Trooper Pesko described Route 50 east as a downhill slope where the accident occurred. … The evidence adduced at trial indicted that the driver had been on duty for twenty-one hours, exceeding the on-duty time established by state and federal laws, had driven at an excessive rate of speed, and had failed to brake

Roberts v. Stevens Clinic Hospital, Inc.

176 W. Va. 492 · West Virginia Supreme Court · Jun 12, 1986

Both the doctor's negligent treatment and his failure to warn the Roberts of the possible dangers of a biopsy were firmly established. … excessive or clearly inadequate, and a new trial will be granted.

W. Va. Inv. Mgmt. Bd., Body Corporate v. Variable Annuity Life Ins. Co.

820 S.E.2d 416 · West Virginia Supreme Court · Jun 5, 2018

14  Petitioners’ contention is self-serving and flagrantly untrue in light of the fact that Petitioners are not only sophisticated parties represented by highly-qualified … As we have already established, this state’s framework for the Business Court Division does not preclude arbitration by business court judges.

State v. Price

92 W. Va. 542 · West Virginia Supreme Court · Dec 12, 1922

Further than this, these witnesses were all non-experts, and it is a little difficult to understand how they could be qualified to testify as to what produced the mental condition they observed. … This is clearly apparent from the examination that followed. Thereafter his attention was not directed to the first question by counsel for defendant or the State.

Jonathan Frame, Superintendent, Mt. Olive Correctional Complex v. Barry D. White

West Virginia Supreme Court · Nov 12, 2024

White, was clearly maintaining those familial relationships, and had previously said he would lie on the stand. … Pertinent as that may be, the capacity of the recanting child victims and trustworthiness of the recantation evidence needed to be established.

Billy Johnson v. Blackhawk Mining

West Virginia Supreme Court · Feb 18, 2026

On appeal, we review questions of law de novo and accord deference to the findings of fact made by the Board of Review unless the findings are clearly wrong. See Syl. Pt. 3, Duff v. Kanawha Cnty. Comm’n, 250 W. … R. § 85-1-5.1 (providing that “[t]o qualify for [TTD] benefits, the claimant must be unable to work as a result of the compensable injury more than three (3) consecutive calendar days following the date of injury before benefits