Case law

State of West Virginia v. Jason C.

West Virginia Supreme Court · Jul 19, 2021

Sept. 28, 2016) (“MV-1 was under 18 in October 2015, and thus qualifies as an underage victim to whom Rule 412’s protections are especially important.”); People v. … Rather, establishing inherent incredibility “require[s] a showing of ‘complete untrustworthiness[.]’” Id. (citation omitted).

City of Wheeling v. Campbell

12 W. Va. 36 · West Virginia Supreme Court · Nov 17, 1877

The answer is: “we are clearly of opinion he had not. … or other local authorities established to manage the affairs of the political subdivisions of the State.”

Larry A. Clement v. David Ballard, Warden

West Virginia Supreme Court · Nov 3, 2014

We have said, In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … David Clayman, a qualified clinical . . . psychologist to review the criminal reports, statements[,] audio and video tapes[,] and FMRS records from two (2) allege [sic] victims.

Alza Corp. v. Mylan Laboratories, Inc.

349 F. Supp. 2d 1002 · District Court, N.D. West Virginia · Dec 7, 2004

In the section entitled “Objects of the Invention,” the patent qualifies the term in numerous ways: “sustained-release dosage form,” “solid-oral dosage pharmaceutical form,” “drug delivery dosage form,” “controlled-release … Moreover, Mylan has failed to establish the absence of material factual issues with respect to any anticipation challenge.

In Re Cesar L.

221 W. Va. 249 · West Virginia Supreme Court · Oct 25, 2007

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Indeed, the threshold for establishing duress and fraud in the context of the relinquishment of parental rights is extremely high.

Goodman v. United States

District Court, S.D. West Virginia · Aug 3, 2018

Defendant, on the other hand, argues that its immunity was never rooted in the terms of the Affiliation Agreement but rather stems from the limitations of the FTCA’s waiver of sovereign immunity. … Plaintiff’s claims are clearly not frivolous, as she has submitted to the Court ample evidence of her injuries throughout the litigation of this case.

Wolfe v. Welton

210 W. Va. 563 · West Virginia Supreme Court · Jan 14, 2002

With respect to Rule 16.11(b) of the Trial Court Rules, we note that it is a part of the standards established by this Court to promote the timely disposition of cases and does not operate to limit the jurisdiction of the … The current bond form should be promptly revised to clearly state that it operates also as the required "notice of appeal.”

Hoylman v. Kanawha & Michigan Ry. Co.

65 W. Va. 264 · West Virginia Supreme Court · Mar 2, 1909

“Even in jurisdictions where the mere act of alighting from a moving railroad train or street car is not considered negligence per se, it is well recognized that cases sometimes arise in which the facts are so clearly established … Afterwards Houchins qualifies this statement by the statement that when he saw Porter the train was moving.

McALONEY v. Gutierrez

557 F. Supp. 2d 694 · District Court, N.D. West Virginia · Mar 4, 2008

Successful completion of RDAP generally qualifies an inmate to be considered for up to one year of early release. … It is well established that in order to demonstrate a due process violation, a petitioner must show that he was deprived of a liberty or property interest protected under the Fifth Amendment. Greenholtz v.

Ohio Valley Environmental Coalition v. Elk Run Coal Co.

291 F.R.D. 114 · District Court, S.D. West Virginia · Apr 11, 2013

Thus, consideration of these factors is useful in discerning whether corporate research qualifies as confidential commercial information entitled to protection under Rule 26(c). … Rossi, 180 F.R.D. 338, 341 (N.D.Ill.1998) (Sufficient specificity standard requires a likely and significant injury); Waelde, 94 F.R.D. at 28 (E.D.Mich.1981) (Harm must be clearly defined, rather than speculative competitive

Marfork Coal Co. v. Callaghan

215 W. Va. 735 · West Virginia Supreme Court · Mar 15, 2004

Under the provision of the Act at issue, the purpose of the show cause hearing is to provide the surface mine permittee the opportunity to demonstrate why the selected violations do not qualify as a “pattern;” 15 that the … They clearly do not evidence the type of “extra-judicial” involvement or bias which signals possible due process violations under Morris. Id.

Young v. McIntyre

223 W. Va. 60 · West Virginia Supreme Court · Dec 10, 2008

Clearly it was the intent of the parties to liquidate the marital asset and disburse the funds equally. … Andrew Young qualified as the administrator of the estate on or about August 7, 2006. 3 .

Associated Press v. Canterbury

224 W. Va. 708 · West Virginia Supreme Court · Nov 18, 2009

Accordingly, the Court does not find that the fact that the calendar was maintained on the agency computer system establishes that it was integrated into the agency’s records. … The record clearly reflects that no such communications existed. . See W. Va.Code § 29B-1-50) (1977)(Rep.

State v. McCraine

214 W. Va. 188 · West Virginia Supreme Court · May 20, 2003

Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard. … Consequently, we do not find the lower court was clearly wrong when it denied the motion to suppress. B.

State v. Middleton

220 W. Va. 89 · West Virginia Supreme Court · Jan 8, 2007

As first established in’ the United States Supreme Court case of Escobedo v. … Even the majority felt compelled to qualify its holding in syllabus point three to note that continued interrogation after a request for counsel has been made may render the questioning involuntary.

Sisler v. Califano

484 F. Supp. 326 · District Court, N.D. West Virginia · Dec 6, 1979

Buff concluded that the Plaintiff was qualified for black lung benefits based upon (1) a positive x-ray; (2) ventilatory study results; and (3) because he was functionally illiterate. The AU noted that Dr. … Buff; these clearly constitute “clinical findings”. Moreover, it appears that Dr. Buff’s conclusions were based upon an x-ray taken by Dr. C. W. Nelson for Dr. Buff and contained in the record at Transcript 162.

Robinson v. Charleston Area Medical Center, Inc.

186 W. Va. 720 · West Virginia Supreme Court · Dec 20, 1991

Biswas, the appellant, fail to establish reversible error and, therefore, we affirm the rulings pertaining to those assignments of error. 1 *724 I. Mark A. … V, § 1, courts ordinarily presume that legislation is constitutional, and the negation of legislative power must be shown clearly: ‘In considering the constitutionality of a legislative enactment, courts must exercise due

State v. Snodgrass

181 W. Va. 219 · West Virginia Supreme Court · Jun 9, 1989

The wallet did not clearly link Snodgrass to the crime. By admitting the wallet, containing $53, into evidence, Fincham’s credibility was undermined. … Appellate counsel contends that the record below clearly establishes that trial counsel’s failure to suppress the wallet, and trial counsel’s questioning of the investigating police officer (wherein the officer testified

State ex rel. Bess v. Black

149 W. Va. 124 · West Virginia Supreme Court · Oct 23, 1964

A county court has no inherent right, power, authority or jurisdiction to authorize qualified voters to vitiate or nullify, in whole or in part, a state legislative enactment. … Almost to the point of triteness and monotony, this Court has reiterated the proposition that one seeking relief by mandamus must establish “a clear legal right” to the relief he seeks.

Smithson v. United States Fidelity & Guaranty Co.

186 W. Va. 195 · West Virginia Supreme Court · Nov 22, 1991

This position is clearly untenable and can not be given judicial sanction. … The opinion evidence of a witness so qualified is admissible but its weight and its credibility Eire questions for the jury.” 13 . In Syllabus Point 2 of State v.