Case law

State Ex Rel. Smith v. McBride

224 W. Va. 196 · West Virginia Supreme Court · Mar 12, 2009

Sells’ confession clearly shows that he provided blatant “incorrect” information about the crime scene. The fact that two of Mr. … This Court has previously held that "[t]he reliability of DNA typing analysis is now general *211 ly accepted in this jurisdiction when such test is properly conducted by qualified personnel.” Syl. pt. 3, State v.

Gilmore v. Saad

District Court, N.D. West Virginia · Jul 30, 2019

Ct. 2243 (2016)[,]” his Commonwealth of Virginia drug conviction fails to categorically qualify as a “federally Controlled Substance element that is included within the felony drug offense definition … In his report and recommendation, the magistrate judge correctly noted that the petitioner has not met the second prong under the Wheeler2 test — that the “settled substantive law [that established

Stephen C. Sluss v. The Honorable John B. McCuskey, Auditor of the State of West Virginia

West Virginia Supreme Court · Nov 13, 2019

By way of explanation for this aberration, the Senior Deputy State Auditor apparently explained that the Auditor could not find qualified persons to be appointed Deputy Commissioners for the smaller counties because the sales … Therefore, the circuit court found that petitioner had not established a clear legal right to relief in mandamus.

Consolidation Coal Co. v. United Mine Workers, Local Union No. 6869

362 F. Supp. 1073 · District Court, S.D. West Virginia · Aug 10, 1973

The path the law is to follow is at times not clearly marked, but basic considerations provide judicial guidance. In Textile Workers Union of America v. … Under the present law, the individual members of the local union and their assets are immune from enforceable judgments.

State v. Swims

212 W. Va. 263 · West Virginia Supreme Court · Jul 3, 2002

Without the insertion in the plea agreements of the qualifying word "if," the plea agreements became impermissible substantive evidence of Mr. … The majority concludes that "[w]ithout the insertion in the plea agreements of the qualifying word "if," the plea agreements became impermissible substantive evidence of Mr. Swims' guilt."

Valerie Tabit v. Kroger Group Cooperative, Inc.

West Virginia Supreme Court · Feb 11, 2019

Tabit’s expert witness in regards to the American’s (sic) with Disabilities Act expert witness, Mark Derry regarding the incident of this case does not qualify and meet the legal standard for such claims in … but not limited to: signage directing customers to the location of the restrooms; the manner in which the restroom signs should be labeled; how high the signs should be hung so those with disabilities can clearly

Simmons v. Comer

190 W. Va. 350 · West Virginia Supreme Court · Dec 13, 1993

If the trial court is unable to establish that one parent has clearly taken primary responsibility for the earing and nurturing duties of a child neither party shall have the benefit of the primary caretaker presumption. … can be established under the provisions of this chapter." .

State Ex Rel. Hechler v. Christian Action Network

201 W. Va. 71 · West Virginia Supreme Court · Jul 16, 1997

Code, 22-19-5 [1992], Clearly not included in the above list of information in W. Va. … Code, 29-19-8 [1992] clearly limits the Secretary of State’s review to “[organizations applying for registration[.]”

Wolford v. Children's Home Society of West Virginia

17 F. Supp. 2d 577 · District Court, S.D. West Virginia · Aug 26, 1998

Here, the plaintiffs are clearly members of the class for whose benefit the statute was enacted, namely, prospective adopting parents. … Finally, I would note that the West Virginia Legislature has taken no action to immunize adoption agencies from tort liability.

State of West Virginia v. Joseph Loudin

West Virginia Supreme Court · Apr 10, 2015

In that order, the circuit court quashed petitioner’s subpoenas for 1 jurors Josh Wilt and Sheila Johns, finding that petitioner had not established bias on the part of either … Petitioner argues that the State failed to prove, beyond a reasonable doubt, each and every element of the crime charged and the evidence clearly did not support the verdict.

State Ex Rel. KW v. Werner

242 S.E.2d 907 · West Virginia Supreme Court · Apr 3, 1978

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 due process of law; nor … We accept the opinions as being given by qualified persons. [3] W.Va.Code, 49-5-16, adopted by the 1977 Legislature and effective January 1, 1979, establishes standards for dealing with delinquent juveniles in detention and

Tex H. v. David Ballard, Warden

West Virginia Supreme Court · Mar 24, 2017

In West Virginia, claims of ineffective assistance of counsel are governed by the two-pronged test established in Strickland v. … Therefore, in addition to the question of the diary’s authenticity, it would have been duplicative of what was already established at the hearing.

Vangilder v. Hoffman

22 W. Va. 1 · West Virginia Supreme Court · Jun 30, 1883

These decisions clearly establish this as the law. … But is it true, that these deeds do as it is contended that they do, clearly establish, that the first deed made by Vangilder to Hoffman, was an absolute sale of all his lands at half their value, and that there was no understanding

State v. Loveless

139 W. Va. 454 · West Virginia Supreme Court · Mar 9, 1954

This instruction clearly and properly defines an accessory before the fact. … Lilly, 47 W.Va. 496 , 35 S.E. 837 , this evidence clearly, and beyond all reasonable doubt, establishes that one of the four principals fired the shot which killed Sarah Reed, and, inasmuch as her murder occurred during the

Carter v. Division of Corrections

District Court, S.D. West Virginia · Sep 13, 2018

Plaintiff lodges several objections to the PF&R, all but two of which fail to identify specific portions to which objection is made or fail to clearly state the basis for the objection … WVDOC is permitted by well established law to search prisoners’ mail and seize any contraband. See Hudson v.

Frantz v. Palmer

211 W. Va. 188 · West Virginia Supreme Court · Nov 14, 2001

In this case, the within a “reasonable time” period prescribed by the Legislature for the issuance of tax decisions was clearly exceeded by the Tax Commissioner. … The surety must be qualified to do business in this state. These bonds shall be conditioned that the taxpayer shall perform the orders of the court.

SER Olen L. York III v. W.Va. Office of Disciplinary Counsel & W.Va. Lawyer Disciplinary Board

231 W. Va. 183 · West Virginia Supreme Court · Jun 5, 2013

The petitioner’s situation is clearly distinguishable from the Allen scenario. His legal undertaking, albeit it federal in nature, was performed from an established West Virginia location for West Virginia clients. … federal regulation, give the State’s licensing board [in Sperry, the Florida Bar Association] a virtual power of review over the federal determination that a person or agency is qualified

In re A.O., D.T., and E.C., Jr.

West Virginia Supreme Court · Apr 15, 2024

The court found that the DHS did consider petitioner for relative placement but determined he did not qualify under its policies. … Va. 643, 647, 814 S.E.2d 660, 664 (2018) (permitting relative caregivers, among others, “a meaningful opportunity to be heard” under the “two-tiered framework” established by § 49-4-601(h)).

Crawford v. Daniels

District Court, S.D. West Virginia · Apr 30, 2024

Second, and relatedly, her response brief also mentions several defenses—judicial estoppel, collateral estoppel, and qualified immunity— that the Boone County Defendants never mentioned, much less raised.5 (Id. at 1.) … She next claims that Count III “alleges reckless conduct and deliberate indifference in violation of clearly established constitutional rights and laws by Defendant[] Boone County Commission.” (Id.) It does not.

Carroll v. Adams

District Court, N.D. West Virginia · Mar 6, 2023

. § 846 does not qualify as a controlled substance offense, so he does not qualify for the career offender enhancement. … The phrase “subsequent to” clearly implies a requirement to first file a direct appeal and § 2255 motion before filing a § 2241, if filing pursuant to the savings clause of § 2255.