Case law

In Re State Ex Rel. Eplin

132 W. Va. 610 · West Virginia Supreme Court · Mar 29, 1949

That a trial court, having criminal jurisdiction, has the discretion to permit the withdrawal of a plea of guilty, upon proper showing, is well established in this and other jurisdictions. … If the petition for the withdrawal of the plea had been addressed to a duly qualified special judge or the regular judge of the Intermediate Court and refused, through an abuse of judicial discretion, a writ of error would

Moss v. Moss

88 W. Va. 135 · West Virginia Supreme Court · Mar 8, 1921

Va. 763 , relied on by plaintiff, is clearly distinguishable from this in the exclusiveness of the donee’s possession and her substantial contribution to the valuable improvements made on the property. … His eon- *146 tention as to the admissibility of parol testimony to establish such a trust is undoubtedly sound. Currence v. Ward, 43 W. Va. 367 .

Herrod v. First Republic Mortg. Corp., Inc.

218 W. Va. 611 · West Virginia Supreme Court · Dec 1, 2005

The cost to the borrower for this arrangement is payment of a higher interest rate on the loan they obtain instead of the lower rate for which they qualified. … Byers also concludes that the loan was a "predatory loan" based on the fees charged under the guidelines established by Fannie Mae.

Baltimore & Ohio R. R. v. Supervisors & Sheriff of Marshall County

3 W. Va. 319 · West Virginia Supreme Court · Jan 15, 1869

Nor does the word general, or the phrase “general taxation,” as used in the act, qualify the right of taxation or limit it to a particular kind of taxation t The petitioner claims such limitation, and that if it be liable … this, that any ambiguity in the terms of the contract must operate against the adventurers and in favor of the public, and the plaintiff can claim nothing that is not clearly given them by the act.”

Jordan v. Bero

210 S.E.2d 618 · West Virginia Supreme Court · Dec 20, 1974

Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling will not ordinarily be disturbed unless it clearly appears that its discretion has been abused … Once, however, permanency is established by competent testimony to a degree of reasonable certainty, proof of foreseeable consequences is less difficult.

State Ex Rel. Games-Neely v. Sanders

211 W. Va. 297 · West Virginia Supreme Court · May 24, 2002

From the defense standpoint, trial on multiple offenses may make it difficult to establish separate defenses to individual charges. … Griffith, 160 W.Va. 680 , 238 S.E.2d 529 (1977), this Court explained: The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having

State Road Commission v. Board of Park Commissioners

154 W. Va. 159 · West Virginia Supreme Court · May 5, 1970

Mossman, a qualified valuation witness produced in behalf of the board, testified that he had located certain land as a suitable replacement for the land taken; that the replacement land consisted of eight acres and was the … As the evidence bearing upon that question was not conflicting and was such that only one inference could be drawn by reasonable minds from the undisputed evidence, that question was clearly a question of law for the court

Dobson v. Eastern Associated Coal Corp.

188 W. Va. 17 · West Virginia Supreme Court · Feb 10, 1993

The appellant asserts that the testimony of the appellee’s witnesses in this regard was prejudicial because they should not have been qualified as experts. … The appellant also asserts that the verdict' forms used in this case were improper because they required the appellant to "show” and "establish” a legitimate business reason for laying off and not hiring the appellee, whereas

State Ex Rel. Lambert v. County Commission of Boone County

192 W. Va. 448 · West Virginia Supreme Court · Dec 9, 1994

Canaan Valley Resorts, Inc., 185 W.Va. 684, 691 , 408 S.E.2d 634, 641 (1991) (citations omitted). *457 If we apply the analyses to the case before us, we find that clearly a suspect classification is not involved nor any … . 231 et seq.'] applies, and which is financed by contributions required under that Act and any plan of an international organization which is exempt from taxation under the provisions of the International Organizations Immunities

Gibson v. McCraw

175 W. Va. 256 · West Virginia Supreme Court · Jul 3, 1985

But qualifying the scope of this general rule of law, is another rule to the general effect that, in the absence of an express contract providing therefor, services rendered between near relatives living in the same household … Clearly then, it is recognized in West Virginia that the “family relationship” is the predominant factor in determining whether the presumption of gratuity applies in a given case.

State of West Virginia v. Wayne Dubuque

239 W. Va. 660 · West Virginia Supreme Court · Sep 21, 2017

Griffith, 160 W.Va. 680 , 238 S.E.2d 529 (1977): “The Dou-blé Jeopardy Clause in Article III, Section'5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted … It is the duty of the Legislature to consider facts, establish policy, and embody that policy in legislation.

Frye v. Frye

217 W. Va. 674 · West Virginia Supreme Court · Jun 30, 2005

Pursuant to the circuit court order, the corporate assets were sold at a public auction, and a per value share was established. … While Frye Farms did not have a board of directors, the only persons qualified to hold that position, according to the corporate bylaws, were shareholders.

State of West Virginia v. Richard Waters

West Virginia Supreme Court · Jun 11, 2024

Kuyper, who was qualified as an expert in the field of DNA testing, testified that swabs taken from the petitioner, K.F., and K.F.’s baby were submitted to the Science Center for paternity testing. Ms. … Our review is plenary as to legal questions such as the statutory qualifications for jurors; clearly erroneous as to whether the facts support the grounds relied upon for disqualification; and an abuse of

Donald C. Nichols v. Maroney Williams Weaver & Pancake PLLC and Patrick K. Maroney

Intermediate Court of Appeals of West Virginia · Nov 13, 2023

The claim administrator denied his claim 1 “[M]ultiple myeloma is a cancer of the plasma cell, a cell which arises in bone marrow and is an important part of the immune system as it provides antibodies … Nichols’ workers’ compensation benefits because no medical evidence had been presented to establish that Mr.

Wakeman v. Thompson

40 F. 375 · U.S. Circuit Court for the District of West Virginia · Nov 15, 1889

The next contention is that the plaintiffs never having qualified as executors of Burr Wakeman in this state, could not bring this suit. This position can not -be maintained. In Lewis v. … upon both points seems to be conflicting, but the weight of it strongly supports the conclusion that neither requirement of the statute was complied with, and the effort of the defendants to overthrow both provision's was clearly

Parker v. United States Building, Land & Loan Ass'n

19 W. Va. 769 · West Virginia Supreme Court · May 6, 1882

These words are clearly in their connection to be regarded as in a sense technical. … The best the Legislature could do was to qualify the words “ loan” and “ premium,” which did not express accurately the ideas intended to be conveyed, and to say “ loans ad *778 vanced” and “ premiums bid.”

West Virginia Department of Transportation, Division of Highways v. Western Pocahontas Properties, L.P.

236 W. Va. 50 · West Virginia Supreme Court · Jun 17, 2015

Dogmatism is clearly out of order in a .modern valuation case. 58 In this case, the DOH made a feeble attempt to establish the market value of Beacon’s lease interest using the comparable sales approach (and utilized an expert … Fox, 134 W.Va. 106 , 58 S.E.2d 584 (1950) (“A witness ... who is acquainted with the land involved'... is sufficiently s qualified to give his opinion of, its market value.”); Toppins v.

In Re: A.H.

West Virginia Supreme Court · Jan 8, 2018

These findings shall not be set aside by a reviewing court unless clearly erroneous. … We next address the father’s cross-assignment of error that the circuit court erred in finding that he, as a party in interest, did not qualify as a “party” as defined by Rule 3(m) of the West Virginia Rules of Procedure

In re R.M.-1, R.M.-2, W.M.-1, S.M., C.M., M.M.-1, M.M.-2, E.M. and J.M.

West Virginia Supreme Court · Feb 7, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Lastly, this Court reminds the circuit court of its duty to establish permanency for the children.

Capper v. Gates

193 W. Va. 9 · West Virginia Supreme Court · Dec 8, 1994

There was clearly no abuse of discretion here. Mr. DiMagno had been deposed twice before, albeit by a lawyer no longer involved in this case. As for Mr. … DiMagno, a registered civil-engineer who is also qualified to perform the duties of a licensed land surveyor in West Virginia, Mr.