Case law

In re J.M., M.M., D.M., and W.M.

West Virginia Supreme Court · Nov 10, 2021

Among the evidence presented was testimony from Megan Mebane of Q-Labs, who was qualified as an expert in the field of toxicology. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Damron v. Haines

223 W. Va. 135 · West Virginia Supreme Court · Jan 9, 2009

This Court has held that, “The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further pi'osecution where a court having jurisdiction has acquitted the accused. … In that regard, the evidence established that the building that was burned contained apartments on the second floor.

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.

Bischoff v. Francesa

133 W. Va. 474 · West Virginia Supreme Court · Dec 6, 1949

The words “any other costs or expenses” are qualified, not only by the words “shall pay”, appearing earlier in the contract, but by the words “on said work”. … We are of opinion that defendants have not sustained the burden of proof of establishing the modification of the contract.

Tucker v. Princeton Community Hospital Association, Inc.

District Court, S.D. West Virginia · Sep 30, 2020

Here, the facts necessary to establish the affirmative defense of the statute of limitations do not clearly appear on 16 the face … “Section 11137(c) immunity is complete: it provides immunity from both damages and suits for injunctive relief. . . .” Robinson, 329 F. Supp. 3d at 175 n.14.

Tulley v. State Farm Mutual Automobile Insurance Co.

345 F. Supp. 1123 · District Court, S.D. West Virginia · Jul 12, 1972

Clearly this provision places a limitation upon the requirement of the statute and conflicts with the plain terms of the statute. It is therefore illegal and of no effect. … Legislation, clearly and simply drafted, will help, but the insurance industry can render a real and meritorious service by a radical revision of the standard policy language.

Greer v. State of West Virginia

District Court, N.D. West Virginia · Aug 23, 2017

Further, courts will uphold those portions of a recommendation to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins. … The brief reply simply disputes the State’s conclusions and reiterates his claim that, because it could not establish any antique gun violence in West Virginia, the state law is unconstitutional

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.

Gant v. Gant

174 W. Va. 740 · West Virginia Supreme Court · Apr 12, 1985

An employer can provide a pension for a worker and his or her spouse, but he must know in advance how many claimants will qualify for benefits. … Furthermore, it clearly appears from the court’s order that these “alimony” payments were not traditional, judicially decreed alimony because there was no right to apply for modification.

A.D. v. Demetro

District Court, S.D. West Virginia · Jan 31, 2023

As to the second element, a plaintiff “may establish deliberate indifference by demonstrating a supervisor’s continued inaction in the face of documented widespread abuses.” Id. … immunity.

Belcher v. Wal-Mart Stores, Inc.

211 W. Va. 712 · West Virginia Supreme Court · Jul 11, 2002

in the subject matter; however, a bad motive will defeat a qualified privilege defense. … Clearly Mr. Belcher couldn't gain any satisfaction from the empty threat of taking his business elsewhere. Filing suit was essentially his only means of redress. In my view, Mr.

Rosier v. Rosier

227 W. Va. 88 · West Virginia Supreme Court · Nov 23, 2010

However, this general rule is qualified and the burden is shifted where a fiduciary relationship exists. Syl. Pt. 1, Work . … Thus the question we consider is whether the establishment of the joint accounts in the name of Stearl Rosier and the appellee constituted a gift of that money, or whether the joint account was established for some other

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.

Ward v. Brown

53 W. Va. 227 · West Virginia Supreme Court · Apr 18, 1903

Brown qualified but Mr. Knight did not. … It is objected that the court erred in directing the issue before the establishment by proof that the plaintiffs are heirs of the testator.

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

Mountain America, LLC v. Huffman

224 W. Va. 669 · West Virginia Supreme Court · Nov 25, 2009

facts establishing unreasonableness or arbitrariness.” … Rather, a landowner must establish a history of unequal treatment of similarly-situated property.

State v. Rush

108 W. Va. 254 · West Virginia Supreme Court · Nov 26, 1929

An accused is entitled to a panel of twenty legally qualified jurors, “free from exception”, Code Chapter 159, section 3. An exception, however, as contemplated by the statute, must be real and not inconsequential. … Where a juror’s answers are so unequivocal and satisfactory as to convince the trial judge of the juror’s fairness and impartiality, it is the settled practice not to interfere with the court’s finding, unless clearly against

Thomas v. Gray Lumber Co.

199 W. Va. 556 · West Virginia Supreme Court · Apr 16, 1997

Although the facts of the present case suggest that Reed, Patton & Associates qualifies as an owner-builder, in this Court’s view the facts are inconclusive. … The Court notes that W.Va.Code § 55-2-6a establishes a separate limitations period for defects in builder’s construction of improvements on real property.

State v. Friend

100 W. Va. 180 · West Virginia Supreme Court · Oct 20, 1925

On the other hand, evidence was introduced by the State in rebuttal, tending to establish the prosecutrix’s reputation for truth. … to establish such defense, if not equivalent instruction on the subject is given”.

State of West Virginia ex rel. Juan M. v. Donnie Ames, Superintendent, Mount Olive Correctional Complex

West Virginia Supreme Court · Apr 5, 2023

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 … Trial counsel developed a theory of the case that was not inherently unreasonable nor one that “no reasonably qualified defense attorney would have so [employed] in the defense of an accused.” Syl.