Case law

In re C.F. and T.F.

West Virginia Supreme Court · Oct 29, 2024

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Standard of Review Our standard of review for abuse and neglect cases is well established.

Charles Elder v. Annabelle Scolapia, Home Incarceration Officer

230 W. Va. 422 · West Virginia Supreme Court · Feb 22, 2013

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … Until today, this Court has never squarely addressed the issue of whether home incarceration constitutes the qualifying level of incarceration for purposes of seeking post- conviction relief in habeas corpus. See id.

STATE EX REL. FRANKLIN v. McBride

226 W. Va. 375 · West Virginia Supreme Court · Oct 9, 2009

Franklin has failed to produce any evidentiary material establishing that the State’s witnesses testified falsely. The sole basis for Mr. … The Double Jeopardy Clause in Article Ill, Section 5 of the West Virginia Constitution, provides immunity from further prosecution whei’e a court having jurisdiction has acquitted the accused.

Nease v. Capehart

8 W. Va. 95 · West Virginia Supreme Court · Jul 20, 1874

To me it is evident, that the conduct of David "Walker, was calculated to do an injury to Samuel Brown, in much as it prevented others from bidding and purchasing; for his declarations clearly led those inclined to purchase … There is, unquestionably, strong reason to apprehend that evidence of oral agreements establishing independent rights, and qualifying estates and rights created by deed, apparently absolute, is admitted much more extensively

Cross v. Cross

178 W. Va. 563 · West Virginia Supreme Court · Nov 17, 1987

One can easily understand the IRS’s eagerness to amend IRC § 152(e) to establish some bright-line rules. … Seip, 725 S.W.2d 134 (Mo.App.1987) the court found a qualified, pre-1985 instrument allocating the exemption, and in Gleason v.

Daily Gazette Co. v. Committee on Legal Ethics of West Virginia State Bar

174 W. Va. 359 · West Virginia Supreme Court · Feb 15, 1985

Daugherty, 172 W.Va. at 424 , 306 S.E.2d at 235 , this Court restated the well established principle that, “The Judicial Branch may honor legislative enactments in aid of judicial power, but is clearly not bound to do so. … Although we value the guidance of statutory enactments with regard to the exercise of judicial power, we are clearly not bound by statute.

Zeng v. Marshall University

District Court, S.D. West Virginia · Mar 21, 2018

Va. § 5-11-8 (establishing and announcing the powers of the commission under the Act). … In its objections, Defendant also appears to allude to a different argument, without clearly providing law on the point.

SER Montpelier US Insurance Co. v. Hon. Louis H. Bloom, Judge

233 W. Va. 258 · West Virginia Supreme Court · Apr 10, 2014

Any communication to which the privilege attaches is absolutely immune from disclosure. … As recognized in Santer, these documents clearly demonstrate specific requests by CRW’s clients for legal opinions on specific subjects.

State Ex Rel. the Ogden Newspapers, Inc. v. Wilkes

211 W. Va. 423 · West Virginia Supreme Court · Jul 2, 2002

Under the provisions of Rule 1.9 and our rulings regarding the same, the burden of establishing that a substantially related matter exists is on the former client. … rationale can give a former client an unjustifiably broad right to bar his or its former counsel from representing a later opponent; if ‘insight’ into intangibles is sufficient, it would be a rare case indeed that would not qualify

Lewis Kelly Dailey v. Donnie Ames, Superintendent, Mt. Olive Correctional Complex

West Virginia Supreme Court · Jun 13, 2023

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … As we have held, [i]n cases involving a criminal conviction based upon a guilty plea, the prejudice requirement of the two-part test established by Strickland v.

Anderson v. Piercy

20 W. Va. 282 · West Virginia Supreme Court · Sep 1, 1882

An examination of the latter law'will show clearly thatitv’asnotthepurposeof the court to overrule it. It is true this case is referred to in the argument in Nelson v. … While he cannot say, that he is entirely satisfied, that the execution and delivery of the bond by John Piercy jr. to John Piercy sr. is clearly established, still he is of opinion, that the weight of the testimony goes to

Wilson v. Fleming

89 W. Va. 553 · West Virginia Supreme Court · Nov 22, 1921

These witnesses exhibited on their examination commendable caution, qualifying their answers when pressed to express in positive terms their convictions as to the cause and probable continuation and growth of the tubercular … That evidence of this character is incompetent is so well established as to admit of little comment.

State Ex Rel. Smith v. Evans

209 W. Va. 340 · West Virginia Supreme Court · May 11, 2001

Our focus in this case is on the third factor, given that Petitioners argue that the actions of the trial court are in violation of well-established principles of corporate law. II. … With regard to what qualifies as oppressive conduct, we stated that “[a]n attempt to ‘freeze or squeeze out’ a minority shareholder from deriving any benefit from his investment in a private business corporation, without

Rita Tanner and Dennis Tanner v. Bryan D. Raybuck, M.D.

West Virginia Supreme Court · Apr 15, 2022

Hayek is engaged and qualified in the medical field of interventional cardiology. … While the holding in Davis clearly appears to favor dismissal without prejudice in cases such as this, the inclusion of the qualifying phrase “and the dismissal order does not specify the dismissal to be with prejudice”

In re C.J. and V.J.

West Virginia Supreme Court · May 12, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Petitioner cites to no evidence that he has a disability that would qualify for accommodations under the ADA.

State Ex Rel. Johnson v. Hamilton

164 W. Va. 682 · West Virginia Supreme Court · Apr 28, 1980

. *127 We qualified that statement, however, by indicating that the "same transaction" test will not mandate one prosecution for crimes growing out of different occurrences even though closely related in time, and we used … The attempted divorce of the multiple trial from the multiple punishment standard is clearly contrary to the United *131 States Supreme Court's view of the double jeopardy standard, enunciated in Brown v.

Rhodes v. EI Du Pont De Nemours and Co.

657 F. Supp. 2d 751 · District Court, S.D. West Virginia · Sep 28, 2009

First, such a requirement defines more clearly who actually possesses a cause of action. … But these cases establish no such rule. 8 .

State Ex Rel. McGraw v. Imperial Marketing

196 W. Va. 346 · West Virginia Supreme Court · Mar 20, 1996

STANDARD OF REVIEW As is our custom, we begin any appellate analysis by first establishing the appropriate standard of review. … In some of the solicitations, SCI informs consumers that they have qualified among only 9% of the entire population of the United States. 21 .

Stenger v. Hope Natural Gas Co.

139 W. Va. 549 · West Virginia Supreme Court · Mar 23, 1954

Each of the plaintiffs qualified for the purpose of giving opinions, and gave opinions, as to the market value of the personal property destroyed, item by item, and as to the market value of the personal property damaged, … As that was one of the proper elements of proof of negligence, we think it was clearly admissible. See Redman v. Community Hotel Corp., 138 W. Va. 456 , 76 S. E. 2d 759 ; Groff v.

In the Interest of Brandon L.E.

183 W. Va. 113 · West Virginia Supreme Court · Apr 18, 1990

As the Act clearly contemplates, the mobility of today’s society necessitates that courts other than the original “custody court” must be vested with jurisdiction to modify custody decrees. See UNIF. … While a state has met the jurisdictional prerequisites of the UCCJA if it qualifies under any one of the subdivisions of W.Va.Code § 48-10-3(a), in this case West Virginia satisfies three of the possible four ways of establishing