Case law

Courtney v. Courtney

190 W. Va. 126 · West Virginia Supreme Court · Jun 11, 1993

Certainly, at the very least, this type of severe emotional distress will exhibit mental and emotional damages readily recognizable by qualified experts. … Both paragraphs 3 and 14 clearly encompass damages incurred as a result of the alleged outrageous conduct of the defendant toward the plaintiff.

United States v. Talada

631 F. Supp. 2d 797 · District Court, S.D. West Virginia · Jun 5, 2009

SORNA “establishes a comprehensive national system for the registration of [sex] offenders.” 1 42 *801 U.S.C. § 16901. … In Gould, the court considered the same argument and concluded that “prior knowledge of a duty to register under state law qualified as effective notice under SORNA.” 526 F.Supp.2d at 544 .

Thomas M. White, Jr. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Feb 3, 2020

Petitioner has not demonstrated this finding to be clearly erroneous. … Petitioner argues that “no reasonably qualified defense attorney would have failed to object to these prejudicial statements.” We disagree.

United States v. Rancher

941 F. Supp. 590 · District Court, N.D. West Virginia · Oct 16, 1996

To qualify for this enhancement, the defendant must have been a leader or organizer of at least one of the participants to the criminal activity. USSG § 3B1.1, comment, (n. 2). … Accordingly, Graves has failed to establish plain error. Lightner’s and Graves’s convictions and sentences are, accordingly, affirmed.

In re S.H.-1 and S.H.-2

West Virginia Supreme Court · Nov 10, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The majority’s decision to affirm the circuit court in this regard is unfair, unjust, and clearly wrong as a matter of law.

State v. Evans

66 S.E.2d 545 · West Virginia Supreme Court · Sep 10, 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 … In short, the evidence was clearly prejudicial to the defendant and, in my judgment, its admission was reversible error.

Ball v. Ball

136 W. Va. 852 · West Virginia Supreme Court · Feb 12, 1952

Clearly, they are words of disposition. In the case of Sherwin v. … I think that the Court's opinion in this case establishes a trust on weak implications and thereby disinherits the heirs.

Davis v. Califano

473 F. Supp. 941 · District Court, S.D. West Virginia · May 8, 1979

It has been established that the Secretary may place greater reliance, on the opinions of “B” readers, Sharpless v. … Gaziano’s recordation of the plaintiff’s height, the findings of three other qualified physicians are ignored. On three different occasions Drs.

Bailey v. Southeastern Area Joint Apprenticeship Committee

561 F. Supp. 895 · District Court, N.D. West Virginia · Apr 5, 1983

The Court also finds that the Defendant’s witness, Chris Martin, was qualified in the area of devel *911 oping, evaluating and rating screening mechanisms and is qualified, as is Dr. … Likewise, the Court clearly accepts the proposition that the demographical history of the boilermaking trade is not involved in this litigation.

State v. Toney

98 W. Va. 236 · West Virginia Supreme Court · Feb 24, 1925

So much depends upon the manner of the juror and his tone of voice and the opportunity of the trial judge to see and know the juror, that it is the settled practice to not interfere with his finding unless clearly against … The last two cases establish the rule on this question in this jurisdiction.

Griffith v. State Workmen's Compensation Commissioner

157 W. Va. 837 · West Virginia Supreme Court · May 21, 1974

“The disability is in my opinion such that qualifies. the claimant for total permanent disability under the Second Injury statute . . . .” … An order of the Workmen’s Compensation Appeal Board affirming the finding of the Workmen’s Compensation Commissioner will not be reversed on appeal unless it is *842 clearly wrong. Pannell v.

State of West Virginia v. Tulsa Johnson

238 W. Va. 580 · West Virginia Supreme Court · Mar 2, 2017

Johnson argues that such testimony had to be presented by a person qualified as an expert in the area of interpreting historical cell site data. … tendency to mislead the jury and to prejudice the accused; (2) whether the remarks were isolated or extensive; (3) absent the remarks, the strength of competent proof introduced to establish

Brown v. Yost

District Court, N.D. West Virginia · Oct 30, 2017

“Judicial immunity is immunity from suit, not just the ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 11 (1991). … Clearly, the acts were judicial and nature and were clearly within their                                                         3 The motion reflects that on November 18, 2016, the motion was granted

Re: The Assessment of Shares of Stock of the Kanawna Valley Bank

144 W. Va. 346 · West Virginia Supreme Court · Apr 28, 1959

As far as I know we are placing all real estate on the books at not less than 40 per cent of the Tax Commissioner’s appraisal, in order to qualify for State aid.” … E. 728 , that: “Sporadic deviations from an established rule in the case of other properties are not in themselves sufficient.

Spradlin v. Henson

District Court, S.D. West Virginia · May 10, 2019

In the rare instance when the face of a complaint clearly demonstrates a prisoner’s failure to exhaust administrative remedies, sua sponte dismissal on that ground is appropriate. … To establish a constitutional claim of excessive force, a plaintiff must show that a prison official “inflicted unnecessary and wanton pain and suffering.” Taylor v.

Fields v. Mellinger (dissenting opinion by Workman J.)

West Virginia Supreme Court · Nov 18, 2020

a constitutional violation, and (2) that the claim is not barred by an applicable immunity.” 198 W. … Chen, The Ultimate Standard: Qualified Immunity in the Age of Constitutional Balancing Tests, 81 Iowa L. Rev. 261 (1995).” 198 W. Va. at 148, 479 S.E.2d at 658.

Adams

District Court, S.D. West Virginia · Nov 10, 2025

immunity for Plaintiff’s claims (Id., pp. 7 – 14). … 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. Plantz

155 W. Va. 24 · West Virginia Supreme Court · Apr 27, 1971

It is also clear that his statements were not obtained or induced by fear or favor or by any promise of immunity or leniency or favor or benefit or promise of treatment by a doctor or a psychiatrist. … Those cases, because of the different facts and conditions surrounding the detention of the defendants, are clearly distinguishable from the ease at bar.

Murdock v. Franklin Ins.

33 W. Va. 407 · West Virginia Supreme Court · Nov 20, 1889

Again, Mur-dock was, as charterer of this barge, a bailee in actual possession, having thus a special or qualified property. As such bailee he could maintain trespass or trover for its injury or loss. 3 Bob. Pr. … Though the *417 legislature may have the power to make a law operate retrospectively, it must clearly appear that such was the intention, the presumption being that it was intended to operate on future transactions.

Tony Galloway v. R.S. Mutter, Deputy Superintendent

West Virginia Supreme Court · Nov 4, 2019

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 … “In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.