Case law

State v. White

167 W. Va. 374 · West Virginia Supreme Court · Jul 9, 1981

This remark was made twice; *384 defense objected both times, it took place just before the jury’s deliberations; and, it elicited some qualifying remarks from the court. … We note, however, that this clearly will be unacceptable after October of this year when the new W. Va. Rules of Criminal Procedure, Rule 41(c) takes effect.

In re C.G.-1

West Virginia Supreme Court · Sep 13, 2019

These findings shall not be set aside by a reviewing court unless clearly erroneous. … However, in his brief on appeal, petitioner does not indicate where in the record he established any substantial change in his circumstances.

Maynard v. Hammond

139 W. Va. 230 · West Virginia Supreme Court · Dec 21, 1953

We are of opinion that this showing clearly establishes that Mulligan Chappell was legally chosen and qualified, and that he did act as Republican receiving clerk at this precinct." … The quoted language hereinabove set forth clearly shows that.

Akers v. Quality Carriers, Inc.

District Court, S.D. West Virginia · Feb 7, 2022

However, despite this, the allegations in the Complaint fall woefully short of establishing the statutory elements for a “deliberate intention” claim. … Clearly, this path to recovery is not plausibly alleged. The second pathway to satisfying the “deliberate intention” exception is through demonstration of an unsafe work condition.

City of Benwood v. Board of Education

212 W. Va. 436 · West Virginia Supreme Court · Nov 1, 2002

Of course, a clearly erroneous standard applies to the circuit court’s underlying factual findings. Id. … Those notices clearly outlined the Board’s proposal for closing and consolidating the schools.

In Re an Investigation of the West Virginia State Police Crime Laboratory

190 W. Va. 321 · West Virginia Supreme Court · Nov 10, 1993

In Giglio , a Government witness was promised immunity if he would testify against the defendant. This promise was made by an assistant district attorney who was not involved in the Giglio trial. … On cross-examination, the witness denied that he received any promise of immunity.

Robertson v. Coal & Coke Railway Co.

87 W. Va. 106 · West Virginia Supreme Court · Oct 5, 1920

These -are the salient facts clearly established by the proof. … The Stuck and Prok cases were dealing with injuries to infants, whose immature and undeveloped powers of discernment do not qualify them to appreciate and avoid the consequences of their own immaturity and rashness.

Garten v. Layton

76 W. Va. 63 · West Virginia Supreme Court · Mar 23, 1915

In the syllabus •of that case, the general rule inhibiting resort to the evidence seems to be qualified to that extent. … It is clearly susceptible of such use without violation of the spirit or principle of the general rule.

Committee on Legal Ethics of the West Virginia State Bar v. Triplett

180 W. Va. 533 · West Virginia Supreme Court · Oct 26, 1988

category for claims *539 filed between 1 July 1973 and 31 December 1973, and required coal companies to carry insurance or to qualify for self-insurance. … Congress has conferred upon qualified claimants the right to receive black lung benefits.

Chapman Corporation v. Teddy Kemp

West Virginia Supreme Court · Apr 5, 2023

First, the Office of Judges found that the weight of the medical record clearly establishes that Mr. Kemp has a diagnosis of CLL. Second, the Office of Judges concluded that Mr. … Infante and Mehta were more qualified in the area of benzene exposure and CLL causality than Dr. Martin. Further, the Office of Judges found that the opinions of Drs.

Lavender v. United Mine Workers of America

285 F. Supp. 869 · District Court, S.D. West Virginia · Apr 30, 1968

A trusteeship established in accordance with such constitution and by-laws is, under the Act, presumed valid for a period of eight-teen months from the date of its establishment, but after the expiration of eighteen months … “When asserting what is clearly a violation of a federal statute, a union member should not be required to first seek out remedies which are dubious.” Detroy v.

Horton v. Tyree

104 W. Va. 238 · West Virginia Supreme Court · Oct 4, 1927

This instruction very clearly states the law as we have already shown. Osborne v. Holt, supra. … However, instruction No. 9, offered by defendant, states the same proposition of law, using the qualifying word “wilfully”. So, a proper instruction was refused.

Keatley v. Mercer County Board of Education

200 W. Va. 487 · West Virginia Supreme Court · Jun 19, 1997

Code § 18A-4-7a does not establish the deadline by which an applicant must possess the appropriate certification. 6 The absence of such a reference clearly indicates, legislative intent for county boards of education to exercise … It is the final point tabulation which dictates the most qualified candidate for the position. 13 . Our decision in Pockl v.

In re D.C., J.R.-1, D.R., R.R. and J.R.-2.

West Virginia Supreme Court · Feb 23, 2018

The Court has previously established the following standard of review: “Although conclusions of law reached by a circuit court are subject to de novo review, when an action, such as an … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Domestic Violence Survivors Support Group, Inc. v. Crouch

District Court, S.D. West Virginia · Oct 19, 2020

P. 12(b)(1) and (6), arguing that the plaintiffs lacked standing, that some of the defendants were entitled to sovereign or qualified immunity, and that the complaint failed to state claims … Bailey was not entitled to qualified immunity with respect Count 8. See ECF No. 50 at 12, 27–28, 45.

Benson v. Robertson

159 W. Va. 674 · West Virginia Supreme Court · Jul 13, 1976

There being no claim by Benson that there was any defect in the procedure followed by the respondent Given in demanding the recount in said counties, we will take it as established that Given complied with the statute in … The statute clearly contemplates that said notice shall be served, and this is the paramount consideration. It contemplates that it shall be served by a sheriff.

David Ballard v. Robert Junior Thomas

233 W. Va. 488 · West Virginia Supreme Court · Jun 5, 2014

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. Washington, 466 U. S. 668, 104 S. … Clearly, however, both the absence of this phrase from the statutory instruction and commensurate absence of definition actually inured to respondent’s benefit.

Thompson v. Curry

79 W. Va. 771 · West Virginia Supreme Court · Mar 6, 1917

That relation, its burdens and immunities are the same in all jurisdictions wherein the uniform negotiable instruments act has been enacted and now is in force. … plaintiff, that, although Granville Curry and Johnson were indorsers entitled to notice of dishonor, they were nevertheless bound because before and after the maturity of the note they waived these requirements; and to establish

Edward Reed v. Exel Logistics, Inc.

815 S.E.2d 511 · West Virginia Supreme Court · Jun 6, 2018

The claimant asserts that the claims examiner's declaration of an overpayment clearly violated West Virginia's workers' compensation laws. … Code, 23-5-1, proceeding, that the claimant was not lawfully entitled to the temporary total disability benefits originally by virtue of the fact that the claim did not jurisdictionally qualify. 163 W.Va. at 108 , 256 S.E

Glascock v. City Nat. Bank of West Virginia

213 W. Va. 61 · West Virginia Supreme Court · Dec 9, 2002

Akens, but established in its opinion the possibility of recovery in other cases where a plaintiff and defendant have a closer nexus. … We hasten to point out that a lender can always (as the bank in this case could have done) immunize itself from a suit such as this by simply making a copy of the information it has and mailing it to the borrower.