Case law

State Ex Rel. Dillon v. Egnor

188 W. Va. 221 · West Virginia Supreme Court · Oct 23, 1992

We note, however, that W.Va.Code, 48A-4-4(c), clearly permits the submission to the circuit court of a “separate document containing the findings of fact and conclusions of law[.]” 9 III. … There has been no showing that she has legal training which would qualify her to prepare a draft order.

State of West Virginia v. Heyward Thomas Bazar, Jr.

West Virginia Supreme Court · Nov 20, 2015

First, a court should determine whether the contested statement by an out-of-court declarant qualifies as testimonial under Crawford and its progeny. … Helmick, 201 W.Va. 163, 495 S.E.2d 262 (1997), we held that, “[a]n error in admitting hearsay evidence is harmless where the same fact is proved by an eyewitness or other evidence clearly establishes the defendant’s guilt

War Memorial Hospital v. The West Virginia Health Care Authority

West Virginia Supreme Court · Mar 27, 2023

[t]he acquisition by a qualified hospital which is party to an approved cooperative agreement as provided in section twenty-eight, article twenty-nine-b, chapter sixteen of this code, of a hospital located within a distance … of twenty highway miles of the main campus of the qualified hospital[.]”

War Memorial Hospital v. The West Virginia Health Care Authority

West Virginia Supreme Court · Mar 27, 2023

[t]he acquisition by a qualified hospital which is party to an approved cooperative agreement as provided in section twenty-eight, article twenty-nine-b, chapter sixteen of this code, of a hospital located within a distance … of twenty highway miles of the main campus of the qualified hospital[.]”

Parker v. Appalachian Electric Power Co.

126 W. Va. 666 · West Virginia Supreme Court · Mar 24, 1944

Witli the two classes of privileged communications, recognized in the law of libel and slander, absolute and qualified, we are concerned with the last only. … The declaration clearly alleges the circumstances in which the Ficklen letter was written. It is alleged that is was in response to a request and inquiry of the Rehabilitation Division.

State v. Derr

192 W. Va. 165 · West Virginia Supreme Court · Nov 18, 1994

Defense counsel did not object to the jurors being qualified, and we do not find anything in the record that suggests that they were not qualified to serve. IV. … the autopsy will establish the cause of death.

Wheeling Dollar Savings & Trust Co. v. Singer

162 W. Va. 502 · West Virginia Supreme Court · Oct 31, 1978

Since Hanes clearly established the right of adopted children to be treated as natural children, the only remaining question presented in the case before us is whether adherence to formal adoption procedures, W.Va *508 Code … (Emphasis added) As the circuit court concluded, the term “then living” clearly looks to the future. When the testatrix used “then” again in the same sentence, that also clearly looks to the future.

Proudfoot v. Dan's Marine Service, Inc.

210 W. Va. 498 · West Virginia Supreme Court · Jan 8, 2002

Three, the guarantee of a trial by jury in Article III, Section 13 of the West Virginia Constitution presumably means six qualified jurors. … W.Va.Code § 52-l-8(b)(6) (1993) clearly provides that “[a] prospective juror is disqualified to serve on a jury if the prospective juror ...

Penberthy Electromelt Co. v. Star City Glass Co.

148 W. Va. 419 · West Virginia Supreme Court · Mar 24, 1964

pleaded in abatement of any action, suit or proceeding instituted by it; * * That a state has the power to prescribe the terms and conditions upon which a foreign corporation may do business within its limits has long been established … The record clearly reveals that the only items involved in interstate shipment were four electrode holders of the total value of forty dollars.

Eastham v. Holt

43 W. Va. 599 · West Virginia Supreme Court · Sep 14, 1897

These, as heretofore shown, are clearly abrogated by the constitution and statute enacted as a substitute therefor. … Yet I recognize that such rule cannot be established except by concurrence of a majority of the Court, as affirmative action is required.

Van Gilder v. City of Morgantown

136 W. Va. 831 · West Virginia Supreme Court · May 24, 1949

To hold, under that section, that a municipality is immune from such liability, creates a dangerous and unjust innovation in the law contrary to well established legal principles in this State and in other jurisdictions which … E. 2d 585 : “The Legislature may not declare that a public purpose which is clearly a private one. It cannot, by its mere fiat, make black white. Ohio Oil Co. v. Wright, 386 Ill. 206 , 53 N. E. 2d 966 .”

State ex rel. Brandon v. Board of Control

84 W. Va. 417 · West Virginia Supreme Court · Sep 9, 1919

Governor to submit this áp-'pointmenf to the senate for its action, and of course if this •contention is correct the refusal of the senate to confirm the same left the office vacant, and the appointment of Harding thereto was clearly … Said warden shall hold his office for four years and until his successor has been appointed and qualified, unless sooner removed for cause by the governor."

Wheeling Electric Company v. Gist

154 W. Va. 69 · West Virginia Supreme Court · Apr 7, 1970

The easements taken are clearly shown by the description contained in the pleading and judgment as amounting to only 17.93 acres. … Two qualified real estate appraisers of many years of experience testified on behalf of the plaintiff.

West Virginia State Bar v. Earley

144 W. Va. 504 · West Virginia Supreme Court · Jun 9, 1959

The right to practice law is not a privilege or immunity of a citizen of the United States within the meaning of the Fourteenth Amendment to the Constitution of the United States. In re Lockwood, 154 U. S. 116 , 14 S. … qualified.

State of West Virginia v. David L. Ingram

West Virginia Supreme Court · Nov 19, 2020

Thereafter, we continued to consider all proportionality challenges utilizing the framework established in Wanstreet, Cooper, and Beck. … We conclude that Petitioner’s sentence must be upheld pursuant to the test established in Hoyle.

SER S.W., N.W., and M.W. v. The Hon. Patrick N. Wilson, Judge, WV DHHR, and S.K.

West Virginia Supreme Court · Jun 12, 2020

STANDARD OF REVIEW The standard of review for issuing a writ of prohibition is well-established by this Court. In Syllabus Point 4 of State ex rel. Hoover v. … So, we conclude that the circuit court’s grant of S.K.’s motion for a post-dispositional improvement period was clearly erroneous as a matter of law, and we grant Ms.

State v. Phillips

194 W. Va. 569 · West Virginia Supreme Court · Jul 21, 1995

The defendant attempted to establish that on the night of the shooting he and the victim attended a family gathering. … If he is bored by it, his description qualifies only as a present sense impression”). .

Hubbard v. SWCC and Pageton Coal Co.

170 W. Va. 572 · West Virginia Supreme Court · Sep 3, 1982

It is a long established rule of law in this jurisdiction that a dependent’s claim for death benefits is separate and distinct from the claim of the injured employee. Sizemore v. … Hubbard’s last exposure to the claim of his widow was therefore clearly wrong. II.

State Ex Rel. Godby v. Hager

154 W. Va. 606 · West Virginia Supreme Court · Nov 17, 1970

suffer the additional loss of the salary of the office and as between him and the governmental body that body should bear such loss rather than the officer who has been wrongfully removed from the office. *612 The well established … City of Williamson, 107 W.Va. 375 , 148 S.E. 324 , is clearly distinguishable from the case at bar.

State v. Lockhart

208 W. Va. 622 · West Virginia Supreme Court · Dec 1, 2000

In order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method. … But you did qualify your diagnosis, at that point? A. Yes. I have no trouble with what I wrote in 1988. Q. You qualified it in that the best diagnosis would be made after a therapeu- * tic long term relationship? A.