Case law

State v. Evans

136 W. Va. 1 · West Virginia Supreme Court · May 29, 1951

Katzen, 112 W.Va. 467 , 164 S.E. 796 , this Court held that a properly qualified medical expert could testify “as to the probable future consequences of an injury, provided the consequences anticipated are such as in the … The evidence of such persons, who expressed opinions to the effect that the injuries to the baby had been inflicted some time before its delivery instead of recently, clearly presented a basis for an inference.

Ruffner Bros. v. Dutchess Insurance

59 W. Va. 432 · West Virginia Supreme Court · Apr 17, 1906

The trial court further erred in refusing to exclude the evidence and to instruct the jury to render a verdict for the defendant, for the evidence establishes fully and clearly a violation of the warranty against increase … What was said above about the inability of the defendant and the court to take from the plaintiff his right to a trial by jury, was qualified by the phrase “in that way,” namely, by a motion to exclude or direct a verdict

Chico Dairy Co. v. West Virginia Human Rights Commission

181 W. Va. 238 · West Virginia Supreme Court · Jun 27, 1989

The complainant was at least as well qualified as the first of these men and undoubtedly better qualified than the second for the promotion to store manager. … Clearly, the Hearing Examiner (and the HRC) made findings of fact that 1) Ms.

John D.K. v. Polly A.S.

190 W. Va. 254 · West Virginia Supreme Court · Nov 23, 1993

In fact, the father admits that he virtually had no contact with Jonathan until paternity was established. … recommendation, findings, and conclusions of a master found to be: "(1) Arbitrary, capricious, an abuse of discretion, or otherwise not in conformance with the law; “(2) Contrary to constitutional right, power, privilege, or immunity

Michelle Effron Miller, Administratrix v. Board of Governors of Fairmont State

West Virginia Supreme Court · May 20, 2016

Petitioner argues that, in the present case, once the circuit court determined that a duty existed as a matter of law, it was required to allow the jury to decide the clearly disputed factual issue of whether Mr. … Law, 194 W.Va. 705, 461 S.E.2d 451 (1995) (holding that “[t]he mere fact that a particular cause of action contains elements which typically raise a factual issue for jury determination does not automatically immunize the

Bibbs v. New River Community & Technical College

285 F.R.D. 382 · District Court, S.D. West Virginia · Sep 12, 2012

Defendants explain the information is relevant to their defense that Plaintiff was not more qualified than the selected applicants. … Berger presiding, will consider the objections and modify or set aside any portion of the Order which it finds to be clearly erroneous or contrary to law.

State v. Mechling

219 W. Va. 366 · West Virginia Supreme Court · Jun 30, 2006

Regardless of the precise articulation, some statements qualify under any *374 definition — for example, ex parte testimony at a preliminary hearing. … The record firmly establishes that this constitutionally infirm evidence influenced the trial court’s decision, 9 and the beneficiary of this constitutional error — the State — has not attempted to establish beyond a reasonable

Gerald A. and Teresa L. Phillips v. Joshua D. Stear

236 W. Va. 702 · West Virginia Supreme Court · Mar 2, 2016

First, the plaintiff clearly established .that Stear engaged in misconduct or misrepresentation in discovery by failing to reveal prior traffic citations. … Accidents — at least avoidable ones — should not be immune from the reach of the rule.”); In re M/V Peacock on Complaint of Edwards, 809 F.2d at 1405 (negligent misrepresentations may support relief from judgment under Rule

Nunley v. Salyers

203 W. Va. 431 · West Virginia Supreme Court · Jul 16, 1998

R.Civ.P. 42(a) has been clearly set out by this Court. … “Generally, an order qualifies as a final order when it ‘ends the litigation on the merits and leaves nothing for the court but the execution of the judgment.’ ” Dunn v.

Spicer v. Riffle

District Court, N.D. West Virginia · Feb 19, 2019

The administrative remedies provided by Plaintiff clearly establish that Plaintiff did not exhaust his administrative grievances with respect to his allegations that Defendant Riffle beat and tortured him. … Meyer because he has absolute immunity as a Commissioned Officer in the United States Public Health Service and against M. Bledsoe, M. Listen, K. Pearce, and D.

State of West Virginia v. Keith D.

235 W. Va. 421 · West Virginia Supreme Court · Apr 9, 2015

We realize that it may be difficult for the district court to accurately inform a defendant of potential sentence enhancements before the existence and validity of the defendant’s prior convictions have been established through … The court addressed the matter as follows: Because habitual offender máximums clearly constitute the “maximum possible .penalty provided by law” ... the plain ¡language of rule 3.172 require[s] that before a court may accept

Clay v. Robinson

7 W. Va. 348 · West Virginia Supreme Court · Mar 2, 1874

Soon after the government of Virginia, at Richmond, became identified with the Confederate States, in the war, another government of Virginia, known and called as the Restored ■Government of Virginia, was organized and established … While I do not think that this instruction propounds the law correctly, when taken altogether, still I am clearly of the opinion, under the views above expressed, that the *359 defendant could not bave been, thereby, prejudiced

State v. McClanahan

193 W. Va. 70 · West Virginia Supreme Court · Dec 15, 1994

Cain, 20 W.Va. 679 (1882), this Court discussed the circumstances under which self-defense could be established in a criminal case. … So you can see that you’re just — just as qualified as the next jury would be to try and make a decision in these various cases....

Tennant v. Smallwood

211 W. Va. 703 · West Virginia Supreme Court · Aug 2, 2002

When asked to resolve a question of law, this Court employs a de novo review: “[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de … Smallwood would have qualified for such coverage. See W.

West v. West Virginia Fair Ass'n

97 W. Va. 10 · West Virginia Supreme Court · Jun 24, 1924

the preliminary proceedings leading up to the application for the charter, were not in conformity with the statute; that a majority of the voters residing within the boundaries had not voted for incorporation; and that qualified … established, or where there is some illegality in the proceedings disclosed by the record.”

State v. Brooks

214 W. Va. 562 · West Virginia Supreme Court · Dec 8, 2003

McCoy began, the record clearly establishes that the appellant was the initial aggressor. Nonetheless, the appellant argues that she became the victim when Ms. McCoy used force to repel her attack. However, Ms. … As set forth above, the evidence clearly established that the appellant was the initial aggressor.

Durm v. Heck's, Inc.

184 W. Va. 562 · West Virginia Supreme Court · Feb 13, 1991

In granting summary judgment to Foodland, the circuit court adopted the majority position of American tribunals that a lessee of a business establishment within a shopping center is not liable for injuries sustained by a … Generally, an order qualifies as a final order when it “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Catlin v.

Stout v. Massie

140 W. Va. 731 · West Virginia Supreme Court · Mar 22, 1955

But an examination of text books and decided cases in other jurisdictions clearly shows that the jurisdiction and power of the court of equity are of ancient origin. … It is also established that she went to Cincinnati, Ohio, and remained there for about two years and only saw the infant approximately four times during that interval.

Charles E. v. David Ballard, Warden

West Virginia Supreme Court · Feb 21, 2017

A social worker, who was qualified by the circuit court as an expert in the area of whether children exhibit characteristics of being abused, testified about an interview she conducted of the victim and testified that the … According to the record on appeal, petitioner’s own testimony establishes that his counsel met with him approximately twelve to fourteen times between the preliminary hearing and the jury trial.

Cobb v. West Virginia Human Rights Commission

217 W. Va. 761 · West Virginia Supreme Court · Jul 14, 2005

whether in class or out, whether it stems from the time, place, or type of behavior, which materially disrupts class work or involves the substantial disorder or invasion of the rights of others, is not constitutionally immunized … If hearsay is sufficient to establish a fact, then all semblance of justice is lost. West Virginia law requires more. HRC proceedings are bound by the West Virginia Rules of Evidence. See W.