Case law

Brandon Sherrod v. Donnie Ames, Superintendent

West Virginia Supreme Court · Feb 22, 2019

Moreover, the Miller court held that there is a "wide range" of perlormance which qualifies as constitutionally-adequate assis'"t.8D.ce of counsel, stating: A defendant seeking to … AB the Caudill court noted, "[t]he question of ... credibility .. , is clearly a proper purpose" for which such testimony could be admitted. Caudill, 170 W.

State of West Virginia v. Ty Mogyoros

West Virginia Supreme Court · May 26, 2022

Code § 61-11-18 (specifying that reckless fleeing qualifies for recidivist enhancement). 5  Petitioner moved for a new trial in October of 2020. … Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard.

STATE EX REL. JEFFERSON CTY. v. Wilkes

655 S.E.2d 178 · West Virginia Supreme Court · Nov 20, 2007

The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards. … Paragraphs (a)(1) and (b) do not prohibit a lawyer from receiving a salary or partnership share established by prior independent agreement.

State v. Persinger

169 W. Va. 121 · West Virginia Supreme Court · Jan 19, 1982

The defendant’s claim is that a birth certificate was needed but the information contained in the booking sheet qualified as a business entry. Cf. Hill v. Ryerson, _ W. Va. _, 268 S.E.2d 296 , 308 (1980). … Plantz, supra, states: “A statement freely and voluntarily made by an accused while in custody or deprived of his freedom by the authorities and subjected to questioning is admissible in evidence against him if it clearly

Evans v. Hutchinson

158 W. Va. 359 · West Virginia Supreme Court · Jan 21, 1975

The permissible extra-educational uses of school board facilities are clearly delineated in Code 1931, 18-5-19, as amended, permitting, inter alia, use “... to promote and facilitate frequent meetings and associations of … That case also recognized that, under Code 1931, 6-6-7, “to remove a person from office the charge against him must be established by satisfactory proof.”

David Ballard v. Brian Bush Ferguson

232 W. Va. 196 · West Virginia Supreme Court · Oct 25, 2013

performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified … Zimarowski to establish his innocence, Mr. Zimarowski cannot blame Mr. Ferguson for trusting his judgment and strategy.

State v. Kilmer

190 W. Va. 617 · West Virginia Supreme Court · Dec 10, 1993

In the present case the evidence clearly demonstrates that the Appellant not only requested to speak with an attorney he named, but also attempted to make contact with that attorney by telephone, thereby unequivocally asserting … However, we decline to establish an absolute rule requiring such recording.

Christine Blanda v. Martin & Seibert, LC

West Virginia Supreme Court · Nov 22, 2019

And “[t]o qualify for the public policy exception to at-will employment, the employee must report the suspected criminal activity to the appropriate law enforcement or judicial official, not merely investigate suspected … Petitioner alleged her employer, a law firm, committed crimes by overbilling clients and those claims clearly trigger substantial public policy concerns.

State Ex Rel. Lambert v. West Virginia State Board of Education

191 W. Va. 700 · West Virginia Supreme Court · Jul 20, 1994

A recipient that offers physical education courses or that operates or sponsors interscholastic, club, or intramural athletics shall provide to qualified handicapped students an equal opportunity for participation in these … Given that money for education is basically fixed, as the regular defeat of excess levies these days clearly demonstrates, the money for new athletic facilities has to be taken from someplace else in education—computers,

Fairmont Tool, Inc. v. Norvel Louis Opyoke

West Virginia Supreme Court · Jun 9, 2022

’s finding for [respondent] on the tort of [o]utrage was based on findings regarding wrongful termination, a claim which was dismissed by the [c]ourt[,]” the circuit court found that the instruction was erroneous and clearly … If she is not informed that her absence qualifies as FMLA – and if she does not know of her right under the statute to take intermittent leave – she might take all 12 of her FMLA-

In re A.L.-1, J.L., K.L., and W.L.

West Virginia Supreme Court · Jun 1, 2026

November 27, 2023, at which hearing the CPS caseworker, petitioner, and the father testified.4 The circuit court found that petitioner “do[es] not have fit, apt and suitable housing” for the children 5 and that the DHS “established … Moreover, this discretion “does not serve as a blanket of immunity for the circuit court to manage abuse and neglect cases as its whim, personal desire, or docket may fancy.” State ex rel. C.H. v. Faircloth, 240 W.

State Ex Rel. Morgan v. O'Brien

134 W. Va. 1 · West Virginia Supreme Court · Oct 27, 1948

So, the rule of substantial compliance, as applied to the publication provision of Article XIV of the Constitution, established by the Herold case, is supported by substantial authority in other jurisdictions. *12 What we … But although a degree of elasticity is thus imparted, not to the meaning, but to the application of constitutional principles, statutes and ordinances, which, after giving due weight to the new conditions, are found clearly

In re M.N.

West Virginia Supreme Court · Jun 6, 2025

maltreatment substantiations nearly two decades after they were made, without providing any explanation for the removal. 3 review challenges to findings of fact under a clearly … However, the petitioner does not offer any authority to support her assertion that the court was required to transfer M.N. from an established foster care placement to a newly discovered (and newly qualified) relative placement

West Virginia Department of Health & Human Resources ex rel. Hisman v. Angela D.

203 W. Va. 335 · West Virginia Supreme Court · Jul 15, 1998

In Arbogast , we acknowledged that both the PKPA and UCCJA 17 attempt “to eliminate judicial com *344 petition and conflicting decrees in interstate child* custody dispute by establishing clear and definite rules about which … However, based upon the extensive record before this Court, it does not appear that Ohio could qualify as Zachary’s home state at the time of the initiation of the Ohio proceedings, since he had not resided in Ohio for a

State v. Gilman

226 W. Va. 453 · West Virginia Supreme Court · Oct 18, 2010

Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard. … Gilman graduated [from] Chapmanville High School, it is not time that this should qualify the defendant as being able to read and comprehend.”

In re Application for License to Practice Law

67 W. Va. 213 · West Virginia Supreme Court · Mar 15, 1910

They are so clearly independent and devoid of judicial power; that, by the constitution and laws, such persons as the people see fit to elect are installed in these offices. … C. 1 , holding that “The legis *241 lature lias the right to establish the qualifications to be required of one to become a practicing member of the bar by virtue of the police power which is vested in that body”; and In

State of West Virginia v. Jerry Deel

237 W. Va. 600 · West Virginia Supreme Court · Jun 3, 2016

The prosecutor then qualified: “Well, at the time, Your Honor, I believe it [referring to the supervised release statute] was zero to fifty years and then my understanding, it got modified in about 2008 to be the minimum … Further, we noted that “[t]he general premise clearly states the intent of the Legislature that the sentence imposed for certain felony offenses must include the additional penalty of a period of supervised release of

Walker v. Strosnider

67 W. Va. 39 · West Virginia Supreme Court · Feb 15, 1910

This right to immunity from injury by useless and negligent conduct seems, in many instances, to have been almost entirely overlooked. … It is established by the evidence that the caving of the soil could have been prevented by the defendant at an expense of from fifteen to twenty-five dollars.”

Leonard Smith v. Brooks Run South Mining, LLC

West Virginia Supreme Court · Oct 18, 2022

Smith’s 3 testimony establish that he began working for Brooks Run South Mining on April 21, 2014. On July 21, 2010, Mr. … whether it was necessary for petitioner to have previously filed for workers’ compensation for his previously diagnosed carpal tunnel syndrome for it to be determined to be an “occupational” injury and therefore potentially qualify

State v. England

180 W. Va. 342 · West Virginia Supreme Court · Sep 16, 1988

It sure sounds like there was. ****** “It has been clearly proved that an armed robbery was committed at that Exxon station. … Alexander, 161 W.Va. 776, 780-81 , 245 S.E.2d 633, 637 (1978), and is as follows: "The Court instructs the jury that where the state has established a prima facie case and the defendants rely upon the defense of alibi, the