Case law

State of West Virginia v. Kimberly S.

233 W. Va. 5 · West Virginia Supreme Court · Jan 29, 2014

(2010), states, in part: “Qualifying child abuse and neglect criminal offenses” – those offenses that require registration as an offender of child abuse or neglect upon conviction or when … C.S.R. § 81-16-2.4. (2010), clearly authorize registration in circumstances beyond the specific offenses listed in those provisions. Syllabus point two of State v.

Harrison v. Ginsberg

169 W. Va. 162 · West Virginia Supreme Court · Jan 22, 1982

The Department of Welfare’s decision denying appellant benefits was based on its finding that the appellant did not qualify under the department of Welfare’s definition of “incapacity.” … Clearly these regulations contemplate that the hearing examiner wil make a reasoned decision that is supported by the evidence presented at the hearing. In Clarke v.

State v. Porter

182 W. Va. 776 · West Virginia Supreme Court · Mar 22, 1990

During the third trial, it was established that the Pelfry brothers were having a longstanding feud with a group known as the “Altizer boys.” … A trial court’s decision regarding the voluntariness of a confession will not be disturbed unless it is plainly wrong or clearly against the weight of the evidence.

State v. Gum

172 W. Va. 534 · West Virginia Supreme Court · Nov 10, 1983

Audia, 171 W.Va. 568 , 301 S.E.2d 199 (1983), “‘The true test as to whether a juror is qualified to serve on the panel is whether without bias or prejudice he can render a verdict solely on the evidence under the instructions … The appellant did not contend that he was provoked or that he unintentionally killed his brother, his defense was clearly one of simple denial.

General Motors Corp. v. Smith

216 W. Va. 78 · West Virginia Supreme Court · Jul 8, 2004

Clearly, Mr. Smith's claim is based on a provision of the collective bargaining agreement. … Smith is qualified to have his seniority reinstated only if he recovers and has his pension payments discontinued.

In Re: L.W., R.W. and I.H.

West Virginia Supreme Court · Jan 17, 2014

These findings shall not be set aside by a reviewing court unless clearly erroneous. … This Court reminds the circuit court of its duty to establish permanency for the children.

Robert C., Jr. v. Kimberly C.

West Virginia Supreme Court · Apr 25, 2014

Turning now to petitioner’s first assignment of error, petitioner argues that the circuit court erred in finding that respondent’s relationship with her mother was sufficient to establish a legitimate purpose for relocation … Next, the circuit court reasoned that, even if the mother/daughter relationship was “not that significant,” it qualified as a “support network” which, pursuant to § 48-9-403(d)(1), provides a legitimate reason for relocation

Building & Loan Ass'n v. Sohn

54 W. Va. 101 · West Virginia Supreme Court · Nov 14, 1903

The two offices are- clearly incompatible. … Woods forfeited the office of notary public by qualifying as judge of the criminal court. Does it follow that the certificate of -acknowledgment is void?

State Ex Rel. Betts v. Scott

165 W. Va. 73 · West Virginia Supreme Court · Jun 4, 1980

The prosecutor’s remaining evidence consisted of a blood test administered by qualified personnel of a local hospital at the direction of the Grantsville policeman who arrested the defendant. 1 A State Police chemist testified … It would be a high price *82 indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.

Washington v. Ox Paperboard, LLC

District Court, N.D. West Virginia · Aug 31, 2017

from suit for such injuries or death to qualifying employers.” … In this case, the parties dispute only whether Plaintiffs can establish the requisite facts to satisfy subparagraph (C).

State v. Varney

96 S.E.2d 72 · West Virginia Supreme Court · Jan 10, 1957

Notice that the statute commands: "An election for the purpose of electing members of the county board of education shall be held on the same date as the primary"—clearly, in legal contemplation, a general election, not a … It is contrary to established principles of statutory construction to hold that the various statutes providing for elections to fill vacancies were repealed by implication by Code, 3-4-, as amended by Chapter 86, Acts of

Kingrey v. Wormuth

District Court, S.D. West Virginia · Aug 10, 2023

It is well established that the United States, including its 6 officers, is immune from suit unless sovereign immunity has been waived. … This case presents a close call given that the adverse employment actions at issue were clearly directed toward roles designated as civilian.

Booth v. Sims

193 W. Va. 323 · West Virginia Supreme Court · Mar 24, 1995

The legislature established a pension plan for the Division’s trooper members in 1935. … Mullett was entitled pursuant to the applicable statute to apply for pension benefits, his rights were clearly not vested.

State ex rel. Noyes v. Lane

89 W. Va. 744 · West Virginia Supreme Court · Dec 14, 1921

Upon the presentation of such petition it is provided that the said clerk shall examine and ascertain whether or not such petition is signed by the requisite num *747 ber of qualified electors, and attach to said petition … This doctrine is very well established in this state. Dillon v. Bare, 60 W. Va. 483 ; State ex rel, Dodd v. Hill, Banking Commissioner, 84 W. Va. 468 .

In re L.N. and J.N.-1

West Virginia Supreme Court · May 14, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Moreover, petitioner argues that the circuit court erroneously qualified the forensic interviewer as an expert witness “without affording him the opportunity to object.”

Sharon B.W. v. George B.W.

205 W. Va. 594 · West Virginia Supreme Court · Jul 14, 1999

The family law master stated: The standard of living enjoyed by the Plaintiff has been long established by and provided by her parents. … The fact that the Law Master concluded otherwise after the question was presented and briefed does not establish a basis for penalizing Plaintiff for litigating it.

In re J.W.-1

West Virginia Supreme Court · Mar 15, 2019

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Lastly, because the parental rights of J.W.-1’s unknown father remain intact, this Court reminds the circuit court of its duty to establish permanency for the child.

Shamblin v. Nationwide Mutual Insurance

183 W. Va. 585 · West Virginia Supreme Court · Jul 27, 1990

So far as its interest is concerned, there must be a willingness within the policy limit reasonably to spend its money in purchasing immunity for the insured. … establish a high threshold of actual malice in the settlement process.

In re A.E.

West Virginia Supreme Court · Mar 27, 2026

this framework is intended to allow the court to fashion appropriate measures and remedies to highly complex familial and inter-personal issues—it does not serve as a blanket of immunity … Permanency was clearly achieved for A.E. when he was placed in the permanent custody of his non-abusing mother, E.P. See W. Va. R. P.

Board of Commissioners v. Elm Grove Mining Co.

122 W. Va. 442 · West Virginia Supreme Court · Jun 22, 1940

Since the plaintiff is empowered to act in lieu of a county court, it clearly comes within the provisions of the above quoted statute which authorizes county courts to proceed for the abatement of nuisances affecting the … The negative answer of the witness is thus *453 qualified by- his- own language whereof the necessary import is that at least some of the area across the road is not occupied by buildings.