Case law

State of West Virginia v. Darrell K. Davis

231 W. Va. 696 · West Virginia Supreme Court · Oct 2, 2013

This Court has previously explained, however, that an accused’s right to self-representation is a qualified one. … The petitioner clearly understood this admonition.

STATE EX REL. LETTS BY LETTS v. Zakaib

433 S.E.2d 554 · West Virginia Supreme Court · Jul 16, 1993

or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or other qualified … This response was inadequate and fails to establish good cause as required by the rule.

State Ex Rel. Brown v. Corporation of Bolivar

209 W. Va. 138 · West Virginia Supreme Court · Dec 12, 2000

The town of Bolivar clearly exercised a power it did not possess when it adopted the moratorium on December 7, 1999. … Clearly under Bittinger , *143 Ms. Brown, Mr.

Houser v. Ruffner

18 W. Va. 244 · West Virginia Supreme Court · Jul 1, 1881

When there are two conflicting clauses the principle is, that you are not to disturb the prior devise farther than is absolutely necessary for the purpose of giving effect to posterior qualifying disposition. … It is now fully established, that the general intent of the testator, though first expressed, will overrule the particular intent.” In Pruden v.

State Ex Rel. Smith v. Mingo County Commission

228 W. Va. 474 · West Virginia Supreme Court · Nov 21, 2011

The circuit court found that the three-judge court “clearly” could have addressed the issue, “since the three-judge court is statutorily { e.g. … Specifically, the Court explained that “[t]he expansion of personal liability on the part of government officers during the last twenty years and the concurrent restriction of the defense of sovereign immunity has made the

Richardson v. United States

District Court, N.D. West Virginia · Nov 20, 2017

More specifically, Petitioner alleged that his conviction for second degree assault in the state of Maryland was not a violent crime, and thus could not properly be used to qualify him as a career offender. … based on an indisputably meritless legal theory, but also the unusual power to pierce the veil of the complaint's factual allegations and dismiss those claims whose factual contentions are clearly

Burgess v. Butz

423 F. Supp. 27 · District Court, S.D. West Virginia · Aug 31, 1976

Some miners, including the named plaintiffs, sought food stamps, and were otherwise qualified for them financially, but were denied them since the strikes (at least as to certain plaintiffs) had been enjoined as illegal. … Upon further reflection, and based upon a thorough reexamination of the file in this case, the Court holds that the instant civil action is clearly moot. I.

Dodson v. Wessex Mining Corp. (In Re Boden Mining Corp.)

11 B.R. 562 · United States Bankruptcy Court, S.D. West Virginia · Mar 3, 1981

“Machinery,” though not defined in the Code, clearly is a component of equipment. The coal cleaning plant is comprised of both machinery and equipment. … The UCC establishes priorities among conflicting security interests in the same collateral.

Jerrald Barker v. Rescare

West Virginia Supreme Court · Nov 26, 2024

He also qualified for 1% impairment under Category II-F for his lower back surgery, and 2% under Category II-G for his second lower back surgery. Mr. … Barker argues that the preponderance of the evidence establishes that he sustained more than 7% whole person impairment from his compensable injury.

MEW Sporting Goods, LLC. v. Johansen

992 F. Supp. 2d 665 · District Court, N.D. West Virginia · Jan 21, 2014

However, subsection (B) is the *672 only one of the seven to qualify “the applicant” with the parenthetical noted above. … These undisputed facts are sufficient to establish that Mrs. Walsh was a responsible person at Mountaineer.

State v. Johnson

197 W. Va. 575 · West Virginia Supreme Court · May 21, 1996

Clearly, the factual allegations for first offense DUI were set forth in the indictment. … Code, 17C-5-2 [1986], which establishes the penalties for driving under the influence of alcohol, controlled substances or drugs. W. Va.

State of West Virginia v. Raymond B.

West Virginia Supreme Court · Jun 23, 2021

In light of the above, petitioner’s reliance on Haymond for the proposition that he is entitled to a jury trial on his probation revocation is clearly misplaced. … the facts by clear and convincing evidence, not on a jury’s finding that the State had established the facts beyond a reasonable doubt.

Thompson v. Wilshire

District Court, S.D. West Virginia · Sep 5, 2025

immunity from suit. … Finally, he asks this Court to “reject the doctrines of absolute and qualified immunity completely” and find Defendant liable for Plaintiff’s alleged injuries. (Id. at 4-5). II.

Scotchel v. Karlin

District Court, S.D. West Virginia · Mar 26, 2018

, qualified immunity, the 4 Eleventh Amendment, res judicata, collateral estoppel, the applicable statute of limitations, personal jurisdiction … the ‘well-settled rule’ that a plaintiff may not seek reversal of a state-court judgment simply by casting his complaint in the form of a civil rights action; Supreme Court and [Fourth] Circuit precedent ‘clearly

Jelly v. Dils

27 W. Va. 267 · West Virginia Supreme Court · Dec 5, 1885

laid down as broadly as it is in the constitution of many other States, that no person should be answerable for any crime, unless on presentment or indictment by a grand jury and a trial by a petit jury; but that right is qualified … If upon suggestion or affidavits the court or judge be clearly of opinion that there is no good ground for a prohibition, it ought at once to be denied.

Maslin v. B. & O. R. R.

14 W. Va. 180 · West Virginia Supreme Court · Nov 16, 1878

Henderson, above cited was the case of a drover’s pass and the contract stipulated for immunity in case of injury from negligence of its agents or otherwise. … The second instruction given by the court should have been further qualified by adding at its end : “Provided such modifications are just and reasonable in law;” but the failure to so qualify it was no injury to the defendant

Ancel W. v. David Ballard, Warden

West Virginia Supreme Court · Oct 28, 2016

(3) denying petitioner’s motion for judgment of acquittal; (4) violating a sequestration order; (5) denying a request for a mistrial; (6) allowing testimony regarding other bad acts; (7) permitting false testimony; (8) qualifying … 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

Newman v. Kay

68 L.R.A. 908 · West Virginia Supreme Court · Feb 7, 1905

This evidence, which has been hereinbefore fully stated, in my judgment, not only fails to rebut the presumption of a sale in gross arising from the face of the deed, but it clearly establishes the fact that it was intended … Reference is made to the fiduciary character of the vendor, but the decision is clearly not based solely upon his want of authority.'

Lowe v. Ballard

District Court, S.D. West Virginia · May 15, 2023

The Fourth Circuit has established that district courts should consider the following factors in considering motions to set aside default pursuant to Rule 55(c): “whether the moving party has a meritorious defense, whether … Ballard’s motion further emphasizes that he has a potentially meritorious defense to this action, including a right to qualified immunity, and there is no evidence in the record establishing that Plaintiff will be unduly

Griffith v. Conagra Brands, Inc.

229 W. Va. 190 · West Virginia Supreme Court · May 24, 2012

In 1997, CA Foods established ConAgra Brands for the purpose of centralizing the management and protection of its trademark and trade name portfolio. … Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977), the Supreme Court of the United States confirmed that interstate commerce is not immune from state taxation.