Case law

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.

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.

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. 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

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”.

Ronnie L. Gunther v. Donnie Ames, Superintendent

West Virginia Supreme Court · Nov 8, 2019

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … We note that in cases involving guilty pleas “the prejudice requirement of the two- part test established by Strickland v.

Hanak v. Taylor

823 F. Supp. 392 · District Court, N.D. West Virginia · Jun 9, 1993

2211-12 , 45 L.Ed.2d 343 (1975), the Court stated as follows: [tjhere is no question that an association may have standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities … The apparent rationale for the drafting and ratification of Article VI, Sec. 13 was stated by Office of the Attorney General as follows: Clearly, the Citizens' Advisory Commission [on the Legislature] was concerned with the

Pledger v. Lynch

District Court, N.D. West Virginia · Sep 27, 2018

established that Wilson, Anderson, and Andrea Hall were deliberately indifferent to his medical needs [Doc. 153]. … immunity.

Ali v. Raleigh County

District Court, S.D. West Virginia · Mar 29, 2018

because they are immune from suit for torts stemming from intentional acts. … He argues that his complaint clearly provides allegations of acts by Defendant Tanner that, although they only occurred once, constitute sufficient conduct to satisfy a single decision by a municipal policymaker such that

Aaron W. v. Evelyn W.

West Virginia Supreme Court · Nov 12, 2024

clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” … This Court has explained that, “[g]enerally, an order qualifies as a final order when it ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Guido v. Guido, 202 W.

Mayhew v. Mayhew

197 W. Va. 290 · West Virginia Supreme Court · Jul 19, 1996

and which clearly were marital property. … a gift of non-marital property to the marriage was established.

Catron v. State Road Commission

4 Ct. Cl. 185 · West Virginia Court of Claims · Nov 4, 1948

We are of opinion that his deposition very clearly establishes the origin of the fire. … The Legislature is not prevented from recognizing claims founded on equity and justice though they are not such as could have been enforced in a court of law if the state had not been immune from suit.

Bowers v. Wurzburg

205 W. Va. 450 · West Virginia Supreme Court · Jul 9, 1999

The parties represent that none of the nonresident defendants, Ito, SEJ, or IYG, are qualified to do business in this State. 10 . Paragraph (1) of W. Va. R. Civ. … If the issue involves a traditionally settled area of law, such as contracts or property as distinguished from torts, and the new rule was not clearly foreshadowed, then retroactivity is less justified.

Hodge v. Sands Manufacturing Company

151 W. Va. 133 · West Virginia Supreme Court · Oct 25, 1966

In the Coral Pools case, which also involved the contract liability of a nonresident foreign corporation, *140 this Court held that when a foreign corporation which has not qualified to do business in this State in compliance … A trend is clearly discernible toward expanding the permissible scope of state jurisdiction over foreign corporations.

State ex rel. Neider v. Reuff

29 W. Va. 751 · West Virginia Supreme Court · Jun 25, 1887

The burden was upon the respondent to aver, and if denied, to establish, the facts to warrant the detention of the child. … If this recital is to be treated as a distinct allegation that she was insane, and the same is to be held as admitted to be true, then the judgment of the Circuit Court was clearly right.

In Re Samantha M.

205 W. Va. 383 · West Virginia Supreme Court · Jul 15, 1999

About the hearsay nature of the evidence, even the attorney for Samantha had stated: [M]y position is that you have a person who, as far as we know, is not qualified to interpret a psychological report giving a one sentence … Rather clearly, the procedure discussed in Scritchfield was not followed in the present case. .

State Ex Rel. Stump v. Johnson

217 W. Va. 733 · West Virginia Supreme Court · Jul 13, 2005

Certainly, they meet the test we established in Syllabus Point 1 of Blower v. W. Va. Educ. … (Emphasis added) This Code provision neither limits nor Otherwise qualifies the manner in which the criminal conviction occurred before the Commissioner’s duty to revoke a driver’s license is triggered.

Lee v. Bishoff

District Court, N.D. West Virginia · Jun 16, 2022

Third, the defendants emphasize that all of the individual defendants are entitled to qualified immunity because the plaintiff cannot establish constitutional violations under any of the facts he alleges. … The plaintiff does not dispute that he covered his cell window’, and what little of the stationary video in the plaintiff's cell which still exists, clearly establishes that the plaintiff used something to cover the camera

Payne v. Gundy

196 W. Va. 82 · West Virginia Supreme Court · Feb 15, 1996

In any event, a careful review of the testimony at trial reveals that, the appellee’s general denial notwithstanding, the appellant was clearly struck or beaten by the appellee in 1990 and in October 1991, as the appellant … Const, amend XIV, § 1: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without

Chevy Chase Bank v. McCamant

204 W. Va. 295 · West Virginia Supreme Court · Dec 14, 1998

To establish a case of express preemption requires proof that Congress, through specific language, preempted the specific field covered by state law.... … The language of § 6.201 omits the qualifying phrase "in this State” and simply provides in relevant part, "[t]he practice of law by any debt collector, not a licensed attorney, in the collection or enforcement of any claim