Case law

Starcher v. South Penn Oil Co.

81 W. Va. 587 · West Virginia Supreme Court · Feb 5, 1918

This declaration, it seems to us, comes clearly within the rule permitting the introduction of such declarations as part of the res gesiae. … Ordinarily the opinion of a non expert upon a question where the facts and the appearances can be presented to the jury fully and clearly is inadmissible.

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.

Seifert v. Sanders

178 W. Va. 214 · West Virginia Supreme Court · Jul 14, 1987

A testator desiring to give a qualified estate instead of an absolute one must employ language clearly importing an intention to do so. … Ill It is well established that summary judgment is appropriate when there are no genuine issues of material fact in dispute and the matter can be decided by application of rules of law.

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

City of Hurricane v. Disposal Service Inc.

36 F. Supp. 3d 692 · District Court, S.D. West Virginia · Aug 6, 2014

See id. § 22-18-4. 1 Under the HWMA, the Director of the WVDEP is responsible for the promulgation of rules “establishing criteria for identifying the characteristics of hazardous waste, identifying the characteristics of … This allegation is central to Plaintiffs’ case and is thus not “clearly immaterial” or made solely for the purpose of obtaining jurisdiction.

In Re: Estate of Alex Kovarbasich

West Virginia Supreme Court · Nov 10, 2016

We review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo.’ Syllabus Point 4, Burgess v. Porterfield, 196 W.Va. 178, 469 S.E.2d 114 (1996).” Syl. … a reasonable period of time to allow someone to properly qualify as the real party in interest.

Stanley M. v. Patrick A. Mirandy, Warden

West Virginia Supreme Court · Jan 8, 2018

Petitioner conclusorily states that this failure was “objectively unreasonable in that a reasonably-qualified defense attorney would have done so and that, had his defense counsel in the first habeas proceeding taken the … Here, too, petitioner has failed to meet his burden of establishing error.

West Virginia Department of Health & Human Resources v. E.H.

236 W. Va. 194 · West Virginia Supreme Court · Oct 7, 2015

Richards agreed that Bateman is “habitually short of staff,” 14 explaining that recruiting efforts do not produce a sufficient number of qualified candidates. … Because this language clearly contemplates new employees, the respondents maintain the issue is moot.

In the Matter Of: The Hon. Stephen O. Callaghan, Judge-Elect of the 28th Circuit

238 W. Va. 495 · West Virginia Supreme Court · Feb 9, 2017

This canon does that, and does it clearly.” Id. … NLRB, 461 U.S. 731, 743 , 103 S.Ct. 2161 , 76 L.Ed.2d 277 (1983) ("[Fjalse statements are not immunized by the First Amendment right to freedom of speech”); Brown v.

State Ex Rel. J.W. v. Knight

223 W. Va. 785 · West Virginia Supreme Court · May 14, 2009

Through the motion, Jason Wilson requested “a discreet, confidential physical examination by a qualified medical doctor to determine if there is any evidence” of “repeated traumatic intercourse.” … Pursuant to these well-established factors, we proceed to consider whether the trial court overstepped its authority by issuing the orders that require J.W. to undergo a limited pelvic examination. III.

Bowers v. State of West Virginia

District Court, N.D. West Virginia · Jul 16, 2025

They also assert that they are entitled to qualified immunity. [Id.]. II. A. … Next, they contend that even were the Complaint factually sufficient to state a claim upon which relief can be granted, they are, nonetheless, entitled to qualified immunity. [ECF 155 at 4]. A.

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.

John Rodney Johnson v. David Ballard, Warden

West Virginia Supreme Court · Mar 7, 2014

Finally, petitioner argues that an off-duty Huntington Police Officer, Corporal Ash, was permitted to provide expert 3 testimony for which he was not qualified and lacked … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Kanawha County Public Library v. County Court of Kanawha County

143 W. Va. 385 · West Virginia Supreme Court · Mar 25, 1958

Article 1 of Chapter 10 of the Code, several sections of which have been amended since 1931, provides for *392 the establishment and maintenance of public libraries, including a provision for the establishment of a State … Since the board was immune from an action at law, the Court held that the act was invalid to the extent that it directed the board to pay the petitioner the *398 sum of money provided in the act since in so doing the Legislature

Mark T. Coleman v. J.T. Binion

829 S.E.2d 1 · West Virginia Supreme Court · Jun 10, 2019

The State presented evidence to establish that Mr. … The comments at issue did not clearly prejudice Mr. Coleman or result in manifest injustice.

State of WV v. Anthony M.

West Virginia Supreme Court · Mar 25, 2025

“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. … (“When the opinion of a witness, not an expert, is offered in evidence, and he is no better qualified than the jurors to form an opinion with reference to the facts in evidence and the deductions to be properly drawn from

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.

Dunlevy v. County Court of Marshall Co.

47 W. Va. 513 · West Virginia Supreme Court · Mar 24, 1900

Davis proceeded to qualify at once as commissioner. … Prior to the enaction of the present election law, it had been establish by the decisions of this Court — Brazie v. Commissioners, 25 W. Va. 213 ; Chenowith v. Commissioners, supra; Fleming v. Commissioners, 31 W.

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.

State v. Wade

200 W. Va. 637 · West Virginia Supreme Court · Jul 11, 1997

He contends that the states prohibiting these defenses reason that the commission of a violent felony clearly makes the defendant the initial aggressor. … The State responds that both jurors were qualified to serve and there was no indication that either gentlemen was biased.