Case law

Everett Frazier, Commissioner, West Virginia Division of Motor Vehicles v. Jad H. Ramadan

West Virginia Supreme Court · Nov 6, 2023

Moreover, the DMV failed to assign as error the respondent’s failure to move for the witness to be qualified as an expert. … The OAH found that this acknowledgement “establishes that horizontal gaze nystagmus is not only a phenomenon of alcohol use, but controlled substances and drugs as well.”

State ex rel. Grant County Commission v. Judge Nelson

West Virginia Supreme Court · Mar 23, 2021

So, that allegation clearly survives the Commission’s Rule 12(b)(6) motion. … 21 And second, the majority, without seeking guidance from the parties, goes on to decide the issue that it specifically found was not before us, and confidently decrees that even if the Commission qualifies

State ex rel. West Virginia Department of Human Services v. The Honorable Catie Delligatti, Judge of the Circuit Court of Berkeley County

West Virginia Supreme Court · Jun 4, 2025

A court may exceed its legitimate powers by entering an order that is clearly erroneous as a matter of law. … Finally, we have determined that the court clearly erred as a matter of law by imposing this financial obligation on the DHS, and this error is entitled to substantial weight.

In Re: A.H. and J.H.

West Virginia Supreme Court · Apr 21, 2016

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The circuit court was clearly wrong when finding the petitioners had only a “temporary placement.”

Gamblin v. Ford Motor Co.

204 W. Va. 419 · West Virginia Supreme Court · Dec 14, 1998

Clearly, before the cited presumption can be invoked, the evidence must qualify as a “public report” pursuant to Rule 803(8). … Clearly, the appellant should have had the opportunity to confront Mr. Maugh with the Weinstein letter.

Belcher v. Charleston Area Medical Center

188 W. Va. 105 · West Virginia Supreme Court · Jul 15, 1992

It is well established that the trial court has broad discretion in permitting or excluding evidence that is offered as rebuttal evidence. … under the age of majority, yet, who has undergone medical treatment for a permanent or recurring illness over the course of a long period of time, may not be capable of taking part in decisions concerning that treatment. 12 Clearly

Bragg v. Robertson

72 F. Supp. 2d 642 · District Court, S.D. West Virginia · Oct 20, 1999

Jurisdiction 1. 11th Amendment and Sovereign Immunity As a West Virginia state official, the DEP Director raises a sovereign immunity defense under the Eleventh Amendment to the United States Constitution. … [The buffer zone rule] establishes the kinds of streams that have the level of biological significance that triggers direct protective measures.” Id. at 15177.

Marsha Skinner v. ACNR Resources, Inc.

Intermediate Court of Appeals of West Virginia · May 1, 2023

Skinner’s March 17, 2021, MRI showed moderate tri-compartmental chondral loss, which was a degenerative condition, and opined that there were no reliable and credible findings for her to qualify for an impairment rating. … Moreover, there is no evidence in the appendix record to establish that Ms.

In re Tax Assessment Against Maier

173 W. Va. 641 · West Virginia Supreme Court · Jul 13, 1984

In this action, the fee interest, owned by the county, is clearly public property. The leasehold interest, however, was an interest acquired by a private party, the appellee, for commercial purposes. … Furthermore, by our decision in this action we do not state that a leasehold interest under the Industrial Development Bond Act may not qualify for an exemption under W.Va.Code, 13-20-15 [1963].

Manriquez v. Kanawha County Sheriffs

District Court, S.D. West Virginia · Aug 21, 2024

These defendants alternatively argue that they are entitled to qualified immunity on Plaintiff’s claims against them. … They further assert that Plaintiff’s declarations fail to raise any legal arguments to oppose dismissal of his claims against them, or their assertion that they are entitled to qualified immunity. [ at 1-2].

Layne v. Chesapeake & Ohio Ry. Co.

66 W. Va. 607 · West Virginia Supreme Court · Nov 23, 1909

Is the right of a passenger to immunity from intentional injury at the hands of the servants of the carrier within this principle ? It seems so. … As we have said his employment by the company was established, though it was indirectly procured through the detective agency.

Jones v. George

533 F. Supp. 1293 · District Court, S.D. West Virginia · Mar 12, 1982

The court adds this italicized qualifier after a closer look at the Carlson case. … Count two clearly was a malicious prosecution claim, but any false arrest claim contained in either count would had to have been inferred.

Cresap v. Brown

82 W. Va. 467 · West Virginia Supreme Court · May 7, 1918

Upon the pleadings and clearly established facts, as the cause stood, when in this court on the former appeal, there was ample ground for the award of the right to an accounting in the appellees, for the breach of the trust … In other words, the statute might confer immunity from liability for the pro *476 ceeds eo nomine, which, the appellees have never sought, but not from liability to an accounting for injury to their estate, which they have

Patrick Mirandy, Warden v. Gregg D. Smith

237 W. Va. 363 · West Virginia Supreme Court · Jun 8, 2016

“The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. … 742 S.E.2d 125 (2013).5 Thus, the circuit court’s reliance on Watson to conclude that Gregg Smith’s single shotgun blast into Thomas Smith’s leg could constitute only one crime was in error.6 As we established

State of West Virginia v. Randall Lewis Utt

West Virginia Supreme Court · Nov 26, 2024

At the end of jury selection, the court asked if there were any objections to qualifying the jury panel, and the petitioner’s counsel noted his previous objection. … The State responded that the “short outburst” was not something that would taint the whole jury and was insufficient to support not qualifying the jury.

State v. Williams

215 W. Va. 201 · West Virginia Supreme Court · May 13, 2004

(“Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.”). … Here, W.Va.Code § 62-1D-3 clearly states that consent is required of one “person [who] is a party to the communication.”

State of West Virginia v. Stephanie Elaine Louk

237 W. Va. 200 · West Virginia Supreme Court · May 27, 2016

This is so because the Legislature clearly has defined those behaviors that are punishable as criminal acts and those that are not. … It is the duty of the Legislature • to consider facts, establish policy, and embody that policy, in, legislation.

Bilchak v. State Workmen's Compensation Commissioner

153 W. Va. 288 · West Virginia Supreme Court · Jul 1, 1969

This principle is clearly stated in the syllabus of the case of Buckland v. State Compensation Commissioner, 115 W. Va. 323 , 175 S. … However, this principle does not relieve the claimants of the burden of establishing their claims, and the liberality rule cannot be considered as taking the place of proper and satisfactory proof. Hayes v.

Scott ex rel. McNeely v. Taco Bell Corp.

892 F. Supp. 142 · District Court, S.D. West Virginia · Jul 11, 1995

The Supreme Court of Appeals qualified this holding in both Miller and Jack , however, noting: there are circumstances which may give rise to such a duty, and these circumstances will be determined by this Court on a case-by-case … West, 191 W.Va. 366 , 445 S.E.2d 753 (1994) (per curiam) (when store employees attempt to pursue a bolting shoplifter, the pursuit may constitute negligence). *145 Together, these cases demonstrate clearly that there is no

England v. MG Investments, Inc.

93 F. Supp. 2d 718 · District Court, S.D. West Virginia · Apr 18, 2000

burdens governing the disposition of a motion for summary judgment: Rule 56(c) requires that the district court enter judgment against a party who, ‘after adequate time for ... discovery fails to make a showing sufficient to establish … To qualify, those loans had to meet the terms of the sixteen (16) page “Master Loan Purchase Agreement.” 5 The contract between the two as Buyer and Seller of “qualifying” loans 6 explicitly provided that “neither the Seller