Case law

State v. Daniel

182 W. Va. 643 · West Virginia Supreme Court · Mar 9, 1990

Moreover, it was the appellant who moved for a mistrial based upon jury tampering, yet any tampering was done in his favor and the result clearly shows the effort to be ineffective. … It is well established that the prosecution must prove every element of the crime charged beyond a reasonable doubt. Mullaney v.

McKay v. McKay's

33 W. Va. 724 · West Virginia Supreme Court · Mar 10, 1890

, and had not settled, accounted for or paid over the same to the plaintiff; and that the defendants had qualified as his administrators and received all his personal estate for administration, and they had failed to settle … Here the proof between plaintiff and defendants shows clearly that William McKay, as guardian of both 'Mamie and Florence McKay, received at the same times lump sums for the common benefit of both.

Brown v. Belt

District Court, S.D. West Virginia · Mar 21, 2019

Qualified Immunity The court notes that in their reply, the State Defendants assert that they are entitled to qualified immunity but … and Colonel Smithers are entitled to qualified immunity.

Highway Engineers, Inc. v. State Road Commission

8 Ct. Cl. 68 · West Virginia Court of Claims · Jan 14, 1970

The Claimant undoubtedly anticipated more work under Phase II than it actually received, but their wishes and anticipations do not establish a legal right; nor do they establish an ambiguity in the Contract. … The compensation for Phase II, although first stated in a lump sum of $119,637.00, based on a complete study for 160 miles, is qualified by an additional formula of adjustment, which states that more or less mileage than

Priddie v. Thompson

82 F. 186 · U.S. Circuit Court for the District of West Virginia · Jul 28, 1897

I infer that the purpose of congfess was to promote efficiency in the public service, and the exercise of such a power was clearly within its legislative scope. … Wells, then marshal of this district, “chief office deputy marshal,” with the approval of the attorney general, and that he qualified as such officer on the 1st day of July, 1896.

State of West Virginia v. Jeffrey Lynn Hovatter

West Virginia Supreme Court · Jan 5, 2018

on appeal unless clearly and prejudicially erroneous.” … The record establishes that he personally visited the crime scene and had served in law enforcement for approximately six years.

Nader 2000 Primary Committee, Inc. v. Hechler

112 F. Supp. 2d 575 · District Court, S.D. West Virginia · Sep 15, 2000

One candidate, John Hagelin of the Natural Law Party, qualified for the presidential ballot under the one (1) percent requirement. … Virginia voter who wishes to cast a vote for Ralph *579 Nader and his vice presidential choice has First Amendment interests of free speech and political expression in voting for the candidate of her choice. 1 It is well-established

Casto v. Martin

159 W. Va. 761 · West Virginia Supreme Court · Jul 23, 1976

Instruments of this kind do not prove themselves. 1 The authenticity sought to be established is that the writing was written and sent by the party whose name it bears. 2 The authenticity of a letter may be established in … more than one way. 3 It may be established directly by proof of handwriting or by indirect or circumstantial evidence. 4 The contents of a writing may be critical in establishing admissibility.

Shumate v. Shumate

78 W. Va. 576 · West Virginia Supreme Court · Jun 3, 1916

Language could not be employed that would any more clearly show the legislative purpose to except from the proviso a married woman living separate and apart from her husband, and to confer on her equal power with the feme … The fact being established in this case that Mrs.

State Ex Rel. Judicial Investigation Commission v. Putnam County Board of Ballot Commissioners

237 W. Va. 99 · West Virginia Supreme Court · Apr 7, 2016

His greed and mendacity manifest the lack of social conscience and depravity beyond any established criminal intent that establishes moral turpitude.” (internal quotations and citations omitted)); Searcy v. … Such conduct contains the essential elements of fraud, and clearly meets the criteria of a crime involving moral turpitude.”). But see Beltran-Tirado v.

City of Morgantown v. West Virginia University Medical Corp.

193 W. Va. 614 · West Virginia Supreme Court · Apr 13, 1995

enable the corporation, through its employee-physicians, to furnish medical services to patients referred to the West Virginia Medical Center for care; to collect fees for such services through a professional fees office established … Accordingly, W.Va.Code, 8-13-5(d) [1993] and ll-13-3(d) [1983] clearly demonstrate the legislature’s intent to exempt charitable organizations from B & 0 taxation at the state and municipal levels. III.

Kerns v. Wolverton

181 W. Va. 143 · West Virginia Supreme Court · May 17, 1989

The respondents now state that in 1982, 1983, or 1984, Kerns decided to leave both corporations and that he began to embezzle hydraulic equipment from Standard Hydraulics to be used by him when he established his own competing … Having concluded that private prosecuting attorney Dan Hardway was not a person who was authorized to appear before the grand jury, we find that the petitioner is clearly entitled to the relief sought and hereby order that

State v. Walls

191 W. Va. 332 · West Virginia Supreme Court · May 27, 1994

The State clearly failed to meet its burden of establishing beyond a reasonable doubt the Appellant’s sanity at the time of the commission of the crime. … Therefore, the legislature may change the judicially established burden of proof.” 177 W.Va. at 379 , 352 S.E.2d at 131 n. 16. .

Patricia S. Reed, Comm. W. Va. Dept. of Motor Vehicles v. Dustin Hall

235 W. Va. 322 · West Virginia Supreme Court · May 22, 2015

Hall’s] blood specimens to be submitted to a qualified laboratory for the specimens could be [sic] analyzed for their blood alcohol concentration.” … Standard of Review This Court has previously established the standards for our review of a circuit court’s order deciding an administrative appeal as follows: On appeal of an administrative

Slack v. Jacob

8 W. Va. 612 · West Virginia Supreme Court · Sep 13, 1875

It has, accordingly, been held that the title of ‘an act to establish a police government for the city of Detroit/was not objectionable for its generality, and that all matters properly connected with the establishment and'efficiency … The impropriety of such interference will be clearly seen.”

Butcher v. State Workers' Compensation Commissioner

173 W. Va. 306 · West Virginia Supreme Court · Jan 31, 1984

This result obtains because the claimant has been found not to have lawfully qualified for the temporary total disability benefits initially since his claim did not jurisdictionally qualify as we summarized in Syllabus Point … The legislature has spoken clearly and intelligently. This court should not interfere with their judgment.

State v. Parsons

181 W. Va. 131 · West Virginia Supreme Court · May 16, 1989

This Court has established guidelines concerning the defense of insanity. As we held in syllabus point 2, in part, in State v. … Although not qualified as an expert witness, Ms. Stowers is employed as a licensed practical nurse and had extensive experience working with mentally ill patients at Spencer State Hospital. 9 .

Estate of Fout-Iser Ex Rel. Fout-Iser v. Hahn

220 W. Va. 673 · West Virginia Supreme Court · May 21, 2007

More importantly, though, the record clearly evidences that Dr. McLaughlin did not provide testimony regarding Dr. Rhee. Dr. … McLaughlin, himself, clearly stated that he would not testify with respect to Dr. Rhee and did not testify regarding Dr. Rhee, 6 I can reach no other conclusion but that Dr.

Means v. Sidiropolis

184 W. Va. 514 · West Virginia Supreme Court · Dec 19, 1990

I It is well established that procedural due process is required in administrative proceedings. … Lopez, 419 U.S. 565, 581 , 95 S.Ct. 729, 740 , 42 L.Ed.2d 725, 739 (1975) (“Students facing temporary suspension have interests qualifying for protection of the Due Process Clause[.]”) .

Brown v. CITY OF FAIRMONT, WEST VIRGINIA

221 W. Va. 541 · West Virginia Supreme Court · Nov 21, 2007

The appellant’s firefighter’s pension was to be equitably divided at a future date pursuant to a Qualified Domestic Relations Order (“QDRO”). … Under our law, In order for a plaintiff to prevail on a claim for intentional or reckless infliction of emotional distress, four elements must be established.