Case law

Lucion v. McDowell County Board of Education

191 W. Va. 399 · West Virginia Supreme Court · Jul 20, 1994

The majority clearly ignored W.Va.Code, 18A-4-8 [1993] when it upheld the action of the board of education in the case before us. Instead, the majority relied on Board of Education v. … Boards shall be required to post and date notices of all job vacancies of established existing or newly created positions in conspicuous working places for all school service employees to observe for at least five working

State v. Kopa

173 W. Va. 43 · West Virginia Supreme Court · Dec 15, 1983

Karver in exchange for immunity from prosecutions on the drug charge and the murder of the victim. … White was granted immunity from prosecution and became the prosecution’s chief witness. At trial, he testified that it was common knowledge in the neighborhood that Mrs.

State v. Cecil

173 W. Va. 27 · West Virginia Supreme Court · Dec 15, 1983

Cecil clearly understands what is said to him and the forthcoming legal proceedings. It is believed that Mr. … Cecil is competent to stand trial and to assist his attorney in his defense if matters are clearly explained to him in simple and concrete terms. 2 .

State v. Allen

45 W. Va. 65 · West Virginia Supreme Court · Apr 20, 1898

In the case at bar the prisoner was set to the bar of the court in the custody of the sheriff, which shows clearly his personal presence in court. … The prisoner, if the record can be relied upon (and we can look to no other source], speaks for himself, and says he is not guilty, — a fact which could not' be more clearly expressed in words.

Young v. State Compensation Commissioner

121 W. Va. 126 · West Virginia Supreme Court · Mar 14, 1939

It is the contention of the applicant that the Coal Company had established a course of dealing with its employees under which he was entitled to rely on his claim for compensation being filed in due time by the Company, … E. 545 , held “A limitation qualifying a special statutory right is generally held to be unaffected by the disabilities and excuses which allay ordinary statutes of limitation, and to be such an inherent part of the statute

Gibbs v. Ames

District Court, S.D. West Virginia · Aug 9, 2024

immunity for Defendants Wooten, Moles, and Mitchell (see Surreply at 3–4), the Court notes that Judge Aboulhosn did not decide the issue of qualified immunity in his PF&R, and thus the Court does not address those arguments … However, even viewing the evidence in the light most favorable to the Plaintiff, he fails to establish that Defendant Bowman’s actions rose to the level of deliberate indifference.

State Ex Rel. Wilson v. Truby

281 S.E.2d 231 · West Virginia Supreme Court · Aug 19, 1981

An evaluation process concerning tenure was established by the Community College. … That process reduced the large pool of applicants to those the committee considered most qualified and they received a personal interview.

State of WV ex rel. Gallagher Bassett Services v. The Honorable Carrie Webster, Robin Lusk and Old Dominion Freight Line, Inc.

West Virginia Supreme Court · Jun 12, 2019

Statutory Immunity We begin our analysis of W. Va. Code § 23-2C-21(a) with a review of our rules of statutory construction. … However, Gallagher Bassett has not asked us to apply Section-21 immunity to Ms. Lusk’s Persinger claim.

Tucker v. Tucker

176 W. Va. 80 · West Virginia Supreme Court · Feb 6, 1986

The standard for determining whether an order involving child custody should be modified is well established in this jurisdiction. … Clearly no testimony was taken. A hearing scheduled at the request of the appellant was cancelled. There is no evidence of a waiver by the appellant of his right to a hearing.

Board of Education v. DeFazio

180 W. Va. 614 · West Virginia Supreme Court · Mar 9, 1989

The posting requirement of W.Va.Code, 18A-4-8b(a) [1988] is clearly mandatory and must be read broadly to effectuate the legislative intent. … While these objectives are commendable, they do not warrant replacing the strong public policy of securing the most qualified person for the position.

State v. Blaney

168 W. Va. 462 · West Virginia Supreme Court · Dec 11, 1981

The statute clearly provides that the arresting officers are required to inform the arrested individual of the consequences of his refusal to submit to a test only where there has been such a refusal. … Then on cross-examination he testified that even if the anti-coagulant had been added to the sample, the results would still have been approximately .20% or twice the percentage of alcohol needed to establish prima facie

State of West Virginia v. Clinton Douglas Skeens

233 W. Va. 232 · West Virginia Supreme Court · Apr 10, 2014

The evidence before the jury established that the victim, Jess Scott Jarrell, (“Jarrell”) died from multiple stab wounds resulting from an unprovoked attack carried out by Skeens at Jarrell’s home. … That establishes, in my opinion, the element of deliberation.

Kenneth L. W. v. Tamyra S. W.

185 W. Va. 675 · West Virginia Supreme Court · Jul 17, 1991

Furthermore, we believe that the evidence clearly supports a conclusion that the mother, appellant Ta-myra S.W., was the primary caretaker of the children. … Again, however, this evidence is not sufficient to establish that the appellant’s adulterous conduct had a deleterious effect upon the children.

Jordan v. Bero

158 W. Va. 28 · West Virginia Supreme Court · Sep 17, 1974

Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling will not ordinarily be disturbed unless it clearly appears that its discretion has been abused … Once, however, permanency is established by competent testimony to a degree of reasonable certainty, proof of foreseeable consequences is less difficult.

Mutafis v. Erie Ins. Exchange

328 S.E.2d 675 · West Virginia Supreme Court · Mar 28, 1985

This argument ignores Section 6(c) which clearly states that: "[n]o order of the commissioner pursuant to this article or order of court to enforce it, or holding of a hearing, shall in any manner relieve or absolve any person … It is established for purposes of decision that any suggestion that plaintiff had any association with the Mafia is untrue.

Wetzel County Solid Waste Authority v. West Virginia Division of Natural Resources

195 W. Va. 1 · West Virginia Supreme Court · Jul 14, 1995

Fairmont City Police Dept., 186 W.Va. 336 , 412 S.E.2d 737 (1991) (This Court held that the qualified tort immunity provisions of the W.Va. … Clearly, imposing such fee on each ton of solid waste disposed of in each county or region is not arbitrary or unreasonable.

STATE EX REL. W. VA. DHHR v. Baker

557 S.E.2d 267 · West Virginia Supreme Court · Nov 28, 2001

Appellant's argument that the stock option funds should not be viewed as income is predicated on a theory that whether funds qualify as "gross income" is dependent on whether they constitute recurrent income or whether the … In this case, the lower court clearly erred in attributing income at the level of $40,000 [7] because the necessary statutory elements for relying on Appellant's prior level of income were not established. See id. C.

In re J.B. and B.B.

West Virginia Supreme Court · Sep 20, 2022

Petitioners now appeals. 2 The Court has previously established the following standard of review: 2 The parents’ parental rights were terminated in October of 2021. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Lacy v. CSX Transportation, Inc.

205 W. Va. 630 · West Virginia Supreme Court · Jul 12, 1999

Thus, the foundation required by Rule 803(6) may be established by circumstantial evidence, or by a combination of direct and circumstantial evidence. … Plaintiffs clearly objected to the trial court’s exclusion of the statement regarding the eastbound locomotive, and it is this exclusion of evidence that they challenge on appeal. .

Neary v. Charleston Area Medical Center, Inc.

194 W. Va. 329 · West Virginia Supreme Court · Jul 11, 1995

Neary argues that na *333 tional infection rate of 1 to 3% for laminecto-my surgery clearly establishes that CAMC had a duty to warn its patients of the dangers of such surgery. In Cross v. … applicable standard of care to which his or her expert opinion testimony is addressed; (d) such expert maintains a current license to practice medicine in one of the states of the United States; and (e) such expert is engaged or qualified