Case law

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

In Re Jeffrey R.L.

190 W. Va. 24 · West Virginia Supreme Court · Jun 14, 1993

Relying upon the well-established principles stated above, we shall now review the facts before us in the present case. … We find that the circuit court clearly erred in returning Jeffrey R.L. to his mother before the perpetrator who inflicted such extensive physical abuse on tMs helpless infant has been identified.

Bowman v. Leverette

169 W. Va. 589 · West Virginia Supreme Court · Mar 19, 1982

Wilbur clearly forewarned of the result .in Sandstrom v. Montana as that holding was not mandated by Mullaney v. Wilbur. Rather, the holding in Sandstrom v. … It read, in part: In all cases where the unlawful killing is proved beyond a reasonable doubt, and where there is nothing in the circumstances of the case to explain, qualify or palliate the action, the law presumes it to

Woodell v. West Virginia Improvement Co.

38 W. Va. 23 · West Virginia Supreme Court · Apr 1, 1893

physical, tangible body, it cannot literally appear in propria persona sedente curia; but a regular attorney of the court, who has a general license and authority from the courts, and from that particular court, having qualified … Such motion is equivalent to a direction to the jury to find for the defendant on the ground'that the evidence of plaintiff* is clearly insufficient to warrant the finding of a verdict for plaintiff. (2) I think the motion

MacK-evans v. HILLTOP HEALTHCARE CENTER

700 S.E.2d 317 · West Virginia Supreme Court · Sep 16, 2010

We further recognized that `in some circumstances causal relationships are so well established that we cannot excuse a plaintiff who pleads ignorance.' … Given these circumstances, a genuine issue of material fact clearly exists as to when Ms.

State Ex Rel. Forbes v. Caperton

198 W. Va. 474 · West Virginia Supreme Court · Dec 19, 1996

The first sentence clearly refers to the explicit power given to the Governor to commute capital sentences pursuant to the 1851 Constitution. … In addition, we find Appellants fail to qualify for attorneys' fees pursuant to State ex rel. West Virginia Highlands Conservancy, Inc. v.

Carper v. Kanawha Banking & Trust Co.

157 W. Va. 477 · West Virginia Supreme Court · Feb 5, 1974

Roy Gene Carper, in anticipation of marriage and establishing a separate home for himself and his affianced, shopped several places for a mobile home. … The Brockenbrough case referred to as authority by our Court in Swayne, established a standard akin to that required in the proof of guilt in criminal cases, that is, beyond a reasonable doubt.

Lawyer Disciplinary Board v. Allen

198 W. Va. 18 · West Virginia Supreme Court · Nov 15, 1996

Respondents’ statements, drawn from their advertising material, clearly state claims of specialization. … We reaffirm and utilize here the four-step test established in Imperial Marketing .

State v. Jonathan B.

230 W. Va. 229 · West Virginia Supreme Court · Nov 20, 2012

that the circuit court committed reversible error by allowing the admission of this evidence because the evidence is more prejudicial than probative, because the evidence is not relevant, and because the evidence does not qualify … The court said during the November 12, 2010, in camera hearing, “[T]his is clearly, would be a violation of the Rape Shield Act if I were to allow this to come in.”

State Ex Rel. Clark v. Blue Cross Blue Shield of West Virginia, Inc.

203 W. Va. 690 · West Virginia Supreme Court · Dec 4, 1998

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. … On appeal to the Supreme Court of the United States, the conflict was resolved in favor of the United States on grounds not involving the federal government's immunity to state-imposed statutes of limitation.

Blackrock Capital Investment Corp. v. Jerry Fish

239 W. Va. 89 · West Virginia Supreme Court · Apr 24, 2017

To determine whether an agreement is procedurally unconscionable, “we must examine the contract formation process for a lack of meaningful choice.” 36 AL Solutions clearly had no meaningful choice in the contract formation … However, because of the no-liability and indemnification clauses, the circuit court found Tremont and Blackrock “would be immune from liability for their conduct,” and would have a claim for indemnity, even for their own

Riddle v. McGinnis

22 W. Va. 253 · West Virginia Supreme Court · Oct 2, 1883

“He further declares that he offered to be qualified before the court to such advice given McGinnis; and further,' that George Loomis was counsel retained in said cause to assist him, ánd that he did not feel like undertaking … The defendant’s first instruction was clearly erroneous because it declared that the plaintiff *276 could only recover tor loss of services proved, and not consequential damages, and if no services be shown the jury must

State Ex Rel. Richey v. Hill

216 W. Va. 155 · West Virginia Supreme Court · Jul 6, 2004

Because mandamus enforces only an established right, "[p]etitioners in mandamus must have a clear legal right to the relief sought therein and such right cannot be established in the proceeding itself." … Therefore, we also hold that a petitioner bears the costs of post-conviction DNA testing unless the petitioner qualifies as an indigent, in which case the cost of testing shall be borne by the State. See, e.g., Ga.

Williams v. County Court of Grant Co.

26 W. Va. 488 · West Virginia Supreme Court · Sep 19, 1885

I fully concur with Pomeroy, that those cases do clearly establish the principle, he has deduced from them. … arlv elected or qualified.

In Re: Remains of Chester Howard West

West Virginia Supreme Court · Jun 7, 2017

burial, the cemetery provides “an honorable, dignified resting place for West Virginia’s cherished veterans and their closest family members[,]” and it will be able to “accommodate burial space for approximately 60,000 qualified … In fact, the circuit court’s order references the Gold Star Family Memorial Monument established by the Medal of Honor Foundation within The Donel C. Kinnard Memorial State Veterans Cemetery.

Hutchinson's Ex'x v. Boltz

35 W. Va. 754 · West Virginia Supreme Court · Dec 12, 1891

Hutchinson, who was named as executrix therein, qualified as such ; that afterwards she died, and Charles H. … Numerous other cases, holding this same doctrine, might be cited from the decisions of this Court, but these are deemed sufficient to show the rule established in this State.

Roof Service of Bridgeport, Inc. v. Robert Joseph Trent and Charlotte Trent

West Virginia Supreme Court · Nov 20, 2020

Roof Service argues that the facts establish that at the time of the incident, Mr. … allegations regarding excessive overtime requirements and involved mixing various tort concepts in a unique, but ultimately unsuccessful, effort to avoid having a wrongful death claim barred by the workers’ compensation immunity

State ex rel Monster Tree Service, Inc v. Jeffrey D. Cramer and David S. Duvall

West Virginia Supreme Court · Nov 6, 2020

, to obtain the 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 … “It is a well-established principle of law that a letter properly addressed, stamped and mailed is presumed to have been duly delivered to the addressee.

Thomas White, Jr. v. Donnie Ames, Superintendent, Mt. Olive Correctional Complex

West Virginia Supreme Court · Aug 30, 2022

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 … 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

State ex rel. v. Purcell

31 W. Va. 44 · West Virginia Supreme Court · Feb 18, 1888

When he seeks to recover from the alleged wrong-doer compensation for the loss resulting therefrom, the plainest principles of justice as well as the established rules of pleading require that in any judicial proceeding instituted … It will be observed that in this case the court clearly held, not only that the bond was a valid injunction bond, but also that even the “onerous condition” thereof did not render it invalid, even to the extent that the condition