Case law

State of West Virginia ex rel. Aaron Jimmie Urban v. The Honorable David Hardy, Judge of the Circuit Court of Kanawha County

West Virginia Supreme Court · Nov 12, 2025

A circuit court’s ruling on involuntarily administering medication to a defendant for competency restoration purposes must follow the four-part test established in Sell v. … 13  When analyzing the first factor of the Sell test, the circuit court found, and we agree, that the State’s interest in restoring the petitioner’s competency “qualifie

State of West Virginia v. Lemons

West Virginia Supreme Court · Mar 23, 2021

, and will not ordinarily be disturbed on appeal unless clearly erroneous.” … At trial, there was evidence presented that established petitioner was at the victim’s house near the time of the murder.

Hampden Coal, LLC and Oliver Hunt v. Michael R. Varney

810 S.E.2d 286 · West Virginia Supreme Court · Feb 16, 2018

Varney must establish both substantive and procedural unconscionability before the Agreement can be deemed unenforceable. … Lastly, we agree with the petitioners that West Virginia Code § 23-4-2(c) reflects the Legislature’s intent to create a narrow exception to the workers’ compensation benefits system and the immunity provided thereunder

State Ex Rel. Ware v. Henning

212 W. Va. 189 · West Virginia Supreme Court · Jun 17, 2002

no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … Code 35-1-5 establishes the procedure whereby church trustees are appointed and removed. Another Code section, W.

Berryman v. Mullen

District Court, N.D. West Virginia · Aug 17, 2017

In the motion, they argued that 1) they are entitled to qualified immunity, 2) they did not fail to protect Berryman from an assault, 3) they were not deliberately indifferent to Berryman’s medical condition … In most cases, immunity is “established by a 17 BERRYMAN V.

In Re: I.T. and S.T.

West Virginia Supreme Court · Nov 14, 2016

The pediatric nurse practitioner who treated the child was qualified as an expert and testified that after testing and examination, she determined that the bruising was caused by some outside force or act. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Fowler v. Lewis's Adm'r

36 W. Va. 112 · West Virginia Supreme Court · Feb 12, 1892

Rep. 281) is clearly not applicable. An attorney was employed to defend in a state court a suit to set aside a deed of land. … The Chief Justice said that immunity from the decree was claimed because the bankrupt act made the jurisdiction of the United States courts exclusive in such cases, and said: “We thus have jurisdiction, but, as the decision

Stephens v. Western Regional Jail

District Court, S.D. West Virginia · Apr 3, 2025

Although the Court has some discretion in assigning counsel, the United States Court of Appeals for the Fourth Circuit has clearly stated that motions for the appointment of counsel in civil actions should be granted “ … Plaintiff must identify as a defendant a specific person who, while acting under color of state law, deprived the plaintiff of a federally protected civil right, privilege, or immunity.

Taxi Service, Inc. v. Public Service Commission of W. Va.

177 W. Va. 716 · West Virginia Supreme Court · Apr 13, 1987

All of Brown’s Limousine’s drivers had been qualified by the federal Department of Transportation. … Service Commission granting authority to operate as a contract carrier will be reversed, as being clearly wrong, where the applicant for such authority fails to sustain the burden of proof required by W.

Crawford v. Snyder

228 W. Va. 304 · West Virginia Supreme Court · Nov 16, 2011

He says that the evidence only established *313 that he acted negligently by looking down for something in his car while entering a construction zone. … The circumstances that warrant a punitive damages assessment by the jury have long been established by this Court. In Syllabus Point 4 of Mayer v.

Thacker v. McCoy

District Court, N.D. West Virginia · Aug 13, 2024

at 18–31]; (3) the Plaintiff has failed to state a claim of deliberate indifference [Id. at 31– 33]; and (4) the Defendants are entitled to qualified immunity from liability [Id. at 33–35]. … immunity.

Kyle v. Kyle

197 W. Va. 252 · West Virginia Supreme Court · Jul 5, 1996

The Plaintiff wasted the Court’s time on the fault issue she failed to establish as a grounds for divorce and the Defendant wasted the Court’s time on the issue of child custody. … In syllabus point 3 of the same case, the Court further explained reversal under the clearly erroneous standard.

Hays v. Harris

73 W. Va. 17 · West Virginia Supreme Court · Oct 21, 1913

Heal and Kinnard Snodgrass his executors, and they qualified as such, and have fully administered the estate. … distinct from section three and relating to trusts created for the benefit of churches, religious sects, societies, congregations or denominations, as a place of worship or burial, or as a residence for a minister; and it clearly

Motjuste Tirade of Vim Andre Juste v. Brennan

16 F. Supp. 3d 716 · District Court, N.D. West Virginia · Apr 21, 2014

The court must dismiss a case at any time if the court determines that the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune … Frivolity dismissals should only be ordered when the legal theories are “indisputably meritless,” or where the claims rely on factual allegations which are “clearly baseless.”

State v. Hamric

151 W. Va. 1 · West Virginia Supreme Court · Jul 15, 1966

The evidence relative to the shooting which resulted in the death of Glenn Winters clearly presents a question for jury determination. … This evidence was apparently an attempt to establish motive which is not necessary in a case of this kind. 1 Wharton’s Criminal Law and Procedure, §64; 9 M.J., Homicide, §83.

Young v. United States

District Court, N.D. West Virginia · Sep 11, 2017

The petitioner argues that he does not qualify for a career offender enhancement under § 4B1 of the Sentencing Guidelines because he does not have two prior convictions that qualify … no objections filed to the magistrate judge’s recommendation, the findings and recommendation will be upheld 3 unless they are “clearly

Blue Jacket Consolidated Copper Co. v. Scherr

50 W. Va. 533 · West Virginia Supreme Court · Dec 18, 1901

It is true, that in many states, by constitutional provision and legislation, the law of comity has been greatly qualified. … Keeping in mind this well established, well known principle of comity, almost, if not quite, universal in its application, and only restricted and qualified to the extent of regulatión by foreign states, and never absolutely

Dickerson v. State Workmen's Compensation Commissioner

154 W. Va. 7 · West Virginia Supreme Court · Feb 10, 1970

In its opinion, the Appeal Board stated: The evidence clearly establishes that the lost time involved in this case and for which total temporary disability payments were made under the provisions of Code 23-4-6(a) resulted … However, the “mistake” by which the commissioner would justify the setting aside of this award was in the nature of additional medical testimony qualifying the evidence he had before him at the time he made the alleged mistake

Redman v. Community Hotel Corp.

76 S.E.2d 759 · West Virginia Supreme Court · Jul 21, 1953

This being true, it necessarily follows that where the evidence produced on the trial clearly establishes defendant was in no manner negligent in respect to the facts which gave rise to the inference, there remains no question … contributory negligence has been so established.

State of West Virginia v. Anthony Devaughan Johnson

West Virginia Supreme Court · Oct 17, 2022

However, petitioner offers nothing to establish that the jury was improperly influenced by its proximity to decedent’s family. … Further, petitioner failed to qualify Wheeler as an expert in blood spatter.