Case law

State v. Haines

221 W. Va. 235 · West Virginia Supreme Court · Oct 12, 2007

Consequently, the amendment qualified as one of form; the amendment was not substantial and did not require resubmission to the grand jury. … And, as discussed above, the element of prejudice as a result of surprise or lack of adequate notice of the offense simply cannot be established under the facts of this case.

J.F. Allen Corporation v. The Sanitary Board of the City of Charleston and Burgess and Niple v. J.F. Allen Corporation

West Virginia Supreme Court · Oct 16, 2020

As is well-established, “[a] trial court’s evidentiary rulings, as well as its application of the Rules of Evidence, are subject to review under an abuse of discretion standard.” Syl. Pt. 4, State v. Rodoussakis, 204 W. … More importantly, Landis merely holds that parental immunity does not bar the defense of intervening causation against parents. See Syl. Pt. 4, id.

Connor McLaughlin, Administrator v. City of Martinsburg

West Virginia Supreme Court · Sep 1, 2017

In that order, the circuit court made the following relevant findings: a) the City of Martinsburg is clearly a political subdivision and is entitled to all protections and immunities provided under the West Virginia Governmental … Va. 253, 387 S.E.2d 307 (1989), which are as follows: To establish that a special relationship exists between a local governmental entity and an individual, which is the basis for a special duty of

Hensler v. Cross

210 W. Va. 530 · West Virginia Supreme Court · Dec 13, 2001

attorney, the court finds by clear and convincing evidence, that the qualifying offense involved multiple victims or multiple violations of the qualifying offense; or (C) has been convicted or has been found not guilty by … A court must ascertain whether the legislature intended the statute to establish civil proceedings.

John W. Lohr Funeral Home, Inc. v. Hess & Eisenhardt Co.

152 W. Va. 723 · West Virginia Supreme Court · Mar 11, 1969

The defendant, a foreign corporation, had never qualified to do business in West Virginia and the summons was served on the State Auditor under the provisions of the statute making the defendant liable for contracts made … Inasmuch as it appears from the evidence that the defendant was not a party to a contract made in West Virginia, was a foreign corporation which had not qualified to do business in this state, had no place of business located

Edwin Brownlow Pound v. Donna Marie Tucker

West Virginia Supreme Court · Nov 21, 2014

Also, it has been long established that a litigant is only entitled to a fair trial, but not a perfect trial “because such a thing does not exist.” Sprouse v. … “Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion

State ex rel. West Virginia Department of Health & Human Resources v. Fox

218 W. Va. 397 · West Virginia Supreme Court · Nov 17, 2005

These findings shall not be set aside by a reviewing court unless clearly erroneous. … In view of the facts presented, the evidence did not establish by clear and convincing proof that Charles abused Dominic.

Pridemore v. Fox

134 W. Va. 456 · West Virginia Supreme Court · May 31, 1950

election, the contestant, alone, was qualified to prosecute the contest. … It is admitted, however, that some fifty-eight persons, allegedly qualified to vote, and who did vote in said election, were not listed on the municipal registration book aforesaid; and as it clearly appears from the result

Star Grocery Co. v. Bradford

70 W. Va. 496 · West Virginia Supreme Court · Mar 12, 1912

To establish such a status for such purpose, the highest and best evidence is not required. Generally, it is conceded. In qualifying experts, physicians and lawyers are not required to produce their licenses. … There was no error in admitting the receipts and checks to establish the liability and its extent. There was no error in permitting McConnaughey to testify.

State of West Virginia v. Michael Paul Conn

West Virginia Supreme Court · Mar 21, 2022

Conn argues that “qualifying offense” is clearly and unambiguously defined by the Act as any crime listed in West Virginia Code § 15-12-2(b)(2) (eff. 2018), 5 5 West Virginia Code § 15-2 … Conn being twenty-two[.]” 7 A review of the Act clearly shows that convictions pursuant to West Virginia Code § 61-8B-5 are explicitly enumerated as “qualifying offenses.” See supra W. Va. Code § 15-12-2(b)(2).

In re The 1994 Assessments of the Property of Righini

197 W. Va. 166 · West Virginia Supreme Court · Jul 19, 1996

We had occasion in Kitten to examine exhaustively the entire sweep of the constitutional and statutory design of determining and establishing real and personal property taxes in this State. … Va.Code 11-1C-11 to endow the Division of Forestry with such authority so as to replace the assessor and the county commission in its assessment role, then the Legislature can and should have clearly indicated their intention

Gooch v. Gooch

70 W. Va. 38 · West Virginia Supreme Court · Nov 28, 1911

True, the statute says that an executor shall not have powers as such until he qualify by taking oath and' giving bond; but we think the presumption would be that the executrix has so qualified as it is averred that she was … That he has is well established. Sheldon on Subrogation, section 140; Wheatley v. Calhoun, 13 Leigh 264 , 27 Am. & Eng. Ency. L. 223; opinion in Sands v. Disham, 99 Va. 263 , 86 Amer. St. R. 884 and note.

Goldstein v. Peacemaker Props., LLC

825 S.E.2d 337 · West Virginia Supreme Court · Mar 15, 2019

Here, in drafting this Statute, the Legislature did not intend to preempt this local authority, and in fact, clearly designated the same. … This, they argue, demonstrates that the circuit court's order rests on a clearly erroneous understanding of the facts of the case. We do not agree.

State v. Nuckols

152 W. Va. 736 · West Virginia Supreme Court · Dec 17, 1968

This principle is clearly set out in syllabus point 2 in the case of State v. … The record clearly shows that the defendant was present in court and entered his plea of not guilty.

Eric W. Miller v. Terry D. Reed

West Virginia Supreme Court · Oct 11, 2019

Initially, petitioner waived his right to qualify as the administrator of the estate. … Reed did not pay all claims presented; and that the Lewis County Commission failed to establish if Mr. Reed’s bond was maintained.

Modi v. West Virginia Board of Medicine

195 W. Va. 230 · West Virginia Supreme Court · Nov 17, 1995

Did the Board establish that by using depossession therapy on Mr. Abbott, Dr. … Logan Medical Foundation, 193 W.Va. 42 , 454 S.E.2d 87 (1994), that Rule 702 of the West Virginia Rules of Evidence, rather than W.Va.Code § 55-7B-7, is the paramount authority for determining whether or not an expert is qualified

Wysong Ex Rel. Ramsey v. Walker

224 W. Va. 437 · West Virginia Supreme Court · Oct 14, 2009

Wysong clearly does not have the capacity for independent living. … Wysong satisfies the final two requirements to qualify for the Waiver Program. The circuit court’s conclusion that “Mr.

State Ex Rel. West Virginia Department of Health & Human Resources v. Carpenter

211 W. Va. 176 · West Virginia Supreme Court · May 15, 2002

Thus, the mother’s condition of pregnancy provides the basis for her eligibility for benefits and, at the same time, provides the basis for her immunity from recoupment. … Likewise, DHHR has conceded that a formula exists for determining whether an intact married couple qualifies for birth and medical expenses.

Crock v. Harrison County Board of Education

211 W. Va. 40 · West Virginia Supreme Court · Feb 8, 2002

of fact, should not be reversed unless clearly wrong.” … Crock an experience credit, also contains language providing that: in establishing such local salary schedules, no county shall reduce local funds allocated for salaries in effect on the first day of January, one thousand

In Re: R.S.

West Virginia Supreme Court · Jun 22, 2015

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Further, the record is devoid of any evidence that petitioner was married to R.S.’s biological mother; legally adopted R.S.; or qualified as a guardian or custodian.