Case law

Nobles v. Duncil

202 W. Va. 523 · West Virginia Supreme Court · Jul 8, 1998

Further, it meets the due process requirement for disciplinary hearings in state prisons established by this Court in Syllabus Point 2 of Harrah, supra. … Medical, dental, and mental health matters involving clinical judgments are the sole province of the responsible physician, dentist, and psychiatrist or qualified psychologist respectively; however, security regulations applicable

Stewart v. Doak Bros.

58 W. Va. 172 · West Virginia Supreme Court · Oct 31, 1905

Hence, in either view, it was impossible to make the lines correspond in length with the calls of the deeds,' and, as the corners were undisputed, as well as fairly established by the evidence, it became a question with the … This doctrine proceeds upon the idea, that the present claimant stands in the place of the person from whom his title is derived; has taken it cum■ onere; and as the predecessor might have taken a qualified right, or sold

State v. Garrett

182 W. Va. 166 · West Virginia Supreme Court · Mar 13, 1989

found that: While we are not absolutely convinced of the appellant’s competency, neither are we convinced that the trial court’s finding of fact on this matter, supported by the testimony of both state psychiatrists, was "clearly … The court established the chain of custody with the testimony of Officer Coffey, who stated the voice on the tape was the appellant's, that he had personally taken the tape at the appellant's request, marked it with his initials

Bennett v. Adkins

194 W. Va. 372 · West Virginia Supreme Court · Jul 17, 1995

First, as discussed above, we believe the Sheriffs legal duty was clearly established by the circuit court’s holding that “the officer ... in possession of the seized property ha[d] a mandatory duty to release the seized … West Virginia Code § 29-12A-5(b)(3) (1992) states: (b) An employee of a political subdivision is immune from liability unless one of the following applies: sjs tk ík tk -k (3) Liability is expressly imposed upon the employee

DeBoard v. Camden Interstate Railway Co.

62 W. Va. 41 · West Virginia Supreme Court · Apr 17, 1907

Va. 418 , have not qualified this rule in any respect. We think *45 the bill of exceptions is sufficiently identified to be a part of the record. … is not before this Court for review, and, therefore, cannot be vacated or reversed here, it discloses to us, that the reversal of the order, setting aside the first verdict, will when the mandate of this Court goes down, establish

Browning v. Hoffman

86 W. Va. 468 · West Virginia Supreme Court · May 11, 1920

This is a principle well established in other branches of the law of negligence. Wilson Bros. v. Bush, 70 W. Va. 26 . … The night nurse, had had eighteen months experience and no witness attempted to say that was insufficient to qualify he,r. The head nurse’s competency was not questioned by anybody.

SER Maxxim Shared Services, LLC v. the Honorable Warren R. McGraw, Judge

West Virginia Supreme Court · Nov 14, 2019

App. 2000) (relationship of co-worker and friend does not qualify for bystander recovery); Drew v. Drake, 168 Cal. Rptr. 65 (Cal. Ct. … Although this State’s law on duplicative damages is well established, we do not find that Mr.

Holbrook

District Court, S.D. West Virginia · Mar 24, 2026

The second and third defenses are broadly stated, but they include matters such as standing, real party in interest, estoppel, unclean hands, and immunity. … At this stage, the Court cannot say that those defenses are so clearly immaterial or insufficient as to warrant the drastic remedy of striking them. Jackson, 2015 WL 5174238, at 1.

Bloss v. Hull

27 W. Va. 503 · West Virginia Supreme Court · Feb 13, 1886

The rule is qualified to some extent in Day v. Hale, 22 Gratt. 146 , and Turnbull v. Clifton Coal Co., 19 W. Va. 299 . … Upon any view of the cause, I am clearly of opinion, that there is no error in the decrees appealed from, and that they must therefore be affirmed. Aepirmed.

State Ex Rel. Bess v. Legursky

195 W. Va. 435 · West Virginia Supreme Court · Dec 8, 1995

Wood, 64 F.3d 1432, 1436-37 (9th Cir.1995) (finding counsel deficient where counsel permitted accused to make damaging statements to the prosecutor in absence of a plea or immunity agreement). … The prejudice prong of ineffective assistance of counsel is clearly met in this case.

State of West Virginia ex rel. Health Care Alliance, Inc. and HCFS Health Care Financial Services v. Eric O'Briant and Kelsey Starr

West Virginia Supreme Court · Jun 15, 2021

Pas. 1945) (“But until this existence is established so that the documents asked for can be identified and this materiality established, there can be no order to produce under Rule … The circuit court’s order contains protective order language set forth in 45 C.F.R. 164.512(e)(1)(v), which provides: (v) For purposes of paragraph (e)(1) of this section, a qualified protective

Stone v. CSX Transportation, Inc.

37 F. Supp. 2d 789 · District Court, S.D. West Virginia · Feb 22, 1999

The plaintiff, however, did not clearly specify the maintenance and inspection duties that she believed were required of the railroad. … The railroads claimed that the engineer was well qualified to operate the Amtrak locomotive over the track in question.

Committee on Legal Ethics v. Roark

181 W. Va. 260 · West Virginia Supreme Court · Jun 8, 1989

We set out in Syllabus Point 3 of Six our traditional rule: “ ‘ “Section 23, Part E, Article VI of the By-Laws of the West Virginia State Bar imposes upon any Court before which an attorney has been qualified a mandatory … Furthermore, it is generally held that the expressio unius doctrine is limited to situations where the language clearly suggests a contrast between what is expressed and what is impliedly omitted.

Burkheimer v. Blake

71 W. Va. 155 · West Virginia Supreme Court · Oct 22, 1912

It is contended here on Blake’s behalf that there is no proof of the fraud and conspiracy alleged, and that the evidence wholly *158 fails to establish that the several alleged false representations were in fact made, or … But if the representation was made, and made the basis of credit, and was relied oh by the plaintiff, it does not clearly appear that the representation was false.

State of West Virginia v. Zachary Allen Knotts, Jr.

233 W. Va. 665 · West Virginia Supreme Court · Jun 5, 2014

The final order and the ultimate disposition are reviewed under an abuse of discretion standard, and the circuit court’s underlying factual findings are reviewed under a clearly erroneous standard. … defining or categorizing specific acts of terrorism, it incorporated a general definition of the crime and referenced seven notorious acts of terrorism 13 *671 that serve as guideposts for determining whether a future incident qualifies

Knapp v. Americredit Financial Services, Inc.

245 F. Supp. 2d 841 · District Court, S.D. West Virginia · Feb 18, 2003

There is no evidence that, absent the car, the Knapps would have qualified for such a loan. The. Knapps responded to an advertisement for people with credit problems to purchase cars. … Crown customers who did not qualify for bank financing were sent to Preece's "special finance” department. (Def. AmeriCredit's Mot. for Summ. J., Ex 3, Preece dep. at 15-16.) 2 .

State of West Virginia v. Darnell Carlton Bouie

235 W. Va. 709 · West Virginia Supreme Court · Jun 16, 2015

The circuit court’s analysis followed our established framework for evaluating such statements. See State v. … be disturbed on appeal unless clearly erroneous.’ ” Id., 234 W.Va. at 165, 764 S.E.2d at 325 (quoting syl. pt. 4, Cox v.

State v. Larue

98 W. Va. 677 · West Virginia Supreme Court · Apr 24, 1925

in the case of another prosecution for the same alleged crime, and to qualify the court to determine whether the facts constituted an offense. … The proffered evidence is clearly insufficient *695 to make a sale of the- cement to Larne.

Bradford v. Workers' Compensation Commissioner

185 W. Va. 434 · West Virginia Supreme Court · Jul 8, 1991

The evidence also showed that the cortisone used to treat the nephrosis had made the employee immune to the antibiotics used to treat pneumonia and staph infection which ultimately resulted in his death. … Viewing this evidence in light of our law, we conclude that both the Commissioner and the Appeal Board were clearly wrong in holding that widow’s benefits were not available.

State v. Audia

171 W. Va. 568 · West Virginia Supreme Court · Mar 11, 1983

Although the trial judge granted appellant’s motions for examinations, he clearly indicated that at no time did he believe appellant was incompetent. … “In order for photographs to come within our gruesome photograph rule established in State v. Rowe, 163 W.Va. 593 , 259 S.E.2d 26 (1979), there must be an initial finding that they are gruesome.” Syl. pt. 6, State v.