Case law

In re Z.H.

West Virginia Supreme Court · Jun 11, 2021

“To determine whether a state qualifies as a child’s ‘home state’ for purposes of determining initial jurisdiction under W. Va. Code § 48-20-201(a) (Repl. … “‘And’ is a conjunctive, and the use of ‘and’ here clearly makes both conditions necessary, not merely either of the two.” Ooten v. Faerber, 181 W.

Fredeking v. Grimmett

140 W. Va. 745 · West Virginia Supreme Court · Mar 22, 1955

Fredeking qualified as administrator of the estate of J. G. Fredeking and continued to act as such until the estate was settled in October, 1948. While acting as administrator W. T. … The evidence shows clearly that the plaintiffs are entitled to recover from the defendant O. R.

Depue v. Sergent

21 W. Va. 326 · West Virginia Supreme Court · Mar 31, 1883

Had this been true, clearly this parol evidence was not admissible; but the issue being, whether or not the vendor had defrauded the vendee, this parol evidence was very properly admitted, and no established rule of law was … This evidence is not received to alter or vary the written contract but to establish, that the vendee in buying fixed the price by the supposed number of acres thus establishing satisfactorily, that he relied on the vendor

Boyes v. Simmons

District Court, S.D. West Virginia · Jul 7, 2020

extent Plaintiff also asserts a claim against Pickenpaugh in his individual capacity, the PF&R found that the Amended Complaint fails to state a claim upon which relief could be granted and that Pickenpaugh is entitled to qualified … immunity on Plaintiff’s Fourth Amendment claim.

West Virginia Libertarian Party v. Manchin

165 W. Va. 206 · West Virginia Supreme Court · Sep 16, 1980

The foregoing statutory credentials form, as modified by brackets to conform to our earlier holdings in the *220 present case, clearly defines and limits the information that can be obtained by the official issuing the credentials … Code, 3-5-23(b), provides: “The person or persons soliciting or canvassing signatures of duly qualified voters on such certificate or certificates, shall be residents and qualified, registered voters, of the magisterial district

Good v. American Water Works Co.

310 F.R.D. 274 · District Court, S.D. West Virginia · Oct 8, 2015

Rosen, who is clearly qualified from an economic perspective, was responsible for selecting variables in Mr. … One commentator so observes: [Although it is clear that plaintiffs seeking issue class certification must establish the four components of Rule 23(a), there is less certainty as to what they must establish under Rule 23(b

State Ex Rel. Lawson v. Wilkes

202 W. Va. 34 · West Virginia Supreme Court · Feb 25, 1998

The Public Defender Corporation, presumably by its employee Deborah Lawson [hereinafter collectively referred to as the “PDC”], filed a response to the forfeiture petition and a trial schedule was established. … If a person under any disability does not have a duly qualified representative he may sue by his next friend.

State v. Cottrill

31 W. Va. 162 · West Virginia Supreme Court · Feb 28, 1888

Besides, by the act of 1856 all persons between the ages of twenty-one and sixty are qualified as jui*ors in criminal cases. … This was the long-established practice in Virginia, and in all the other States where there was a statute authorizing it to be done.

Nichols v. County Commission of Cabell County

District Court, S.D. West Virginia · Aug 22, 2018

As a government official being sued in her personal capacity, Defendant Thompson has the privilege of asserting qualified immunity. See Kentucky v. Graham, 473 U.S. 159, 165–167 (1985). … For a plaintiff to defeat a government official’s qualified immunity, the plaintiff must demonstrate that the defendant violated “clearly established statutory or constitutional rights of which a reasonable person

State of West Virginia v. Kevin Settle

West Virginia Supreme Court · Aug 27, 2021

On appeal, petitioner asserts that the procedural safeguards established in the general recidivist statute must be applied to the controlled substance recidivist statute, while ignoring this Court’s previous rejection of … Therefore, it is clear that each of those counts qualifies as a “second or subsequent offense” under the statute and may be enhanced “up to twice the term otherwise authorized.”

State v. White

227 W. Va. 231 · West Virginia Supreme Court · Feb 10, 2011

She merely qualified this answer by pointing out that she had not yet heard the psychological evidence that would be presented in this case, and, therefore, she could not express an opinion as to how she would perceive that … Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard.

State v. Loy

146 W. Va. 308 · West Virginia Supreme Court · May 9, 1961

Russell, a duly qualified and act *310 ing Justice of the Peace * * * upon a lawful warrant * * * charging the said Edward June Loy with having unlawfully driven and operated a motor vehicle upon a highway in said county … E. 591 , wherein a prior violation was involved, we permitted the introduction into evidence of the records of the prior conviction for the purpose of establishing jurisdiction of the court as to the prior case, the prior

Jud T. Seech v. Frontier Kemper Constructors, Inc.

Intermediate Court of Appeals of West Virginia · Jun 2, 2026

Seech notes that regardless of whether his hourly wage was $24 per hour or, as he testified, $25 per hour, had the per diem amount been included in the calculation, he would have qualified for the maximum TTD rate. Mr. … Seech did not indicate what he believed the correct TTD benefit rate should be and said that the evidence he submitted did not establish an incorrect benefit rate for his TTD payment.

Totten v. Scaife

District Court, S.D. West Virginia · Jan 24, 2022

Scaife used his bare hands to give Plaintiff an episiotomy and angrily advised Plaintiff Lindsey Totten that he was abandoning his duties without providing a qualified second Doctor to complete the birth. … Scaife is even more clearly within the confines of providing health care. As discussed above, all the allegations against Dr.

State v. Memorial Gardens Development Corp.

101 S.E.2d 425 · West Virginia Supreme Court · Jan 14, 1958

Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community. Crowley v. … It is of importance to all that such a business be conducted properly, and only by those who are qualified to carry out its responsibilities.

State of West Virginia v. Donald A. Johnson

West Virginia Supreme Court · Sep 1, 2017

Parker was not qualified. The circuit court granted the State’s motion, noting that a physician assistant is not qualified to determine the age of an individual on the basis of a photograph. … Clearly, the timing of the e-mail would not automatically negate its admissibility.

Thomas S. and Teresa S. Johnson v. Bertha Kirby

230 W. Va. 432 · West Virginia Supreme Court · Feb 25, 2013

However, as indicated above, the deed to the petitioners dated July 1, 2008, clearly states that Ms. … Clearly, the county commission failed to recognize that, under West Virginia Code § 41-1-6, the will—which left the decedent’s entire estate to Ms.

Varney v. Barnhart

325 F. Supp. 2d 709 · District Court, S.D. West Virginia · Jun 23, 2003

Ultimately, the claimant bears the burden of establishing a prima facie entitlement to benefits. See Hall v. … It is clear from the plain language of this regulation that the claimant’s activity does not qualify for consideration as an “unsuccessful work attempt.”

In re L.H.-1, B.H., L.H.-2, E.H., and T.H.

West Virginia Supreme Court · Sep 30, 2025

A trial court abuses its discretion when its rulings on discovery motions are clearly against the logic of the circumstances then before the court and so arbitrary and unreasonable as to shock our sense … It is critical to note, however, that the circuit court sustained the petitioner’s objection to the CAC interviewer being qualified as an expert witness; thus, the court determined 5 The petitioner further

State Ex Rel. Skinner v. Dostert

166 W. Va. 743 · West Virginia Supreme Court · Apr 3, 1981

Clearly, the prosecutor is obliged to participate in the prosecution of misdemeanor charges in his or her county. … The duty to prosecute is qualified, however, in that the prosecuting attorney is vested with discretion in the control of criminal causes, which is committed to him for the public good and for the vindication of the public