Case law

Porter v. Bego

200 W. Va. 168 · West Virginia Supreme Court · Jul 15, 1997

Under these circumstances, a final equitable distribution order is reviewed under an abuse of discretion standard; the underlying factual findings are reviewed under a clearly erroneous standard; and questions of law and … The word "income” means gross income unless the word is otherwise qualified or unless a different meaning clearly appears from the context.

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.

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)).

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

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.

Donna Hamilton v. Jaiyoung Ryu, M.D.

West Virginia Supreme Court · Oct 20, 2017

only entirely within the court’s discretion, but also consistent with the West Virginia Medical Professional Liability Act, which requires that “a defendant’s failure to meet the standard of care, if at issue, shall be established … “Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion

Charles L. v. David Ballard, Warden, Mt. Olive Correctional Complex

West Virginia Supreme Court · Mar 6, 2019

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 de novo … It would be entirely speculative as to whether the victim would have qualified for a taint expert or that a taint expert could have been found who would have testified in a way favorable to Petitioner such that it would have

State Ex Rel. Frieson v. Isner

168 W. Va. 758 · West Virginia Supreme Court · Dec 18, 1981

A fair reading of article 8 of our constitution reveals that the Legislature and the judiciary were to act in concert in establishing the magistrate court system. … Such representation is clearly not contemplated by the law.

Graening v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · Jun 8, 2022

dismiss stage, the court found that although plaintiff sufficiently stated a claim for deliberate indifference, the doctor and health administrator defendants were entitled to qualified … immunity.

State of West Virginia v. Michael V.

West Virginia Supreme Court · Jul 30, 2020

The court therefore found that the State presented sufficient evidence to establish beyond a reasonable doubt that petitioner committed sexual abuse by a custodian in violation of West Virginia Code § 61-8D-5. … Finally, it is undisputed that petitioner, as H.V.’s stepfather, qualifies as either a parent, guardian, custodian, or person in a position of trust to H.V.

State v. Willett

223 W. Va. 394 · West Virginia Supreme Court · Mar 19, 2009

Moreover, in the case of clearly erroneous admissions of “other acts” evidence, the “overwhelming evidence” argument is circular. … It is not too much to require *406 both that district judges exercise greater care in excluding clearly erroneous “other acts” evidence...

State of West Virginia v. Frank Gene Thompson

813 S.E.2d 59 · West Virginia Supreme Court · Apr 5, 2018

juror bias during voir dire was not sufficient to overcome the insurmountable obstacle that members of the jury pool knew Petitioner’s guilty plea had not materialized.5 For a court to rule that a prospective juror was qualified … Consequently, the State cannot establish that the error was rendered harmless beyond a reasonable doubt by the curative instruction or voir dire.8 For this reason, Petitioner’s convictions must be reversed.

State of West Virginia v. Kevin Travis Costello

West Virginia Supreme Court · Apr 2, 2021

The rule in West Virginia is that parties must speak clearly in the circuit court, on pain that, if they forget their lines, they will likely be bound forever to hold their peace. … The State maintains that the sum total of the documents it presented conclusively, unequivocally, and sufficiently establishes that Mr.

Hartley Hill Hunt Club v. County Commission of Ritchie County

220 W. Va. 382 · West Virginia Supreme Court · May 11, 2007

As we have said before, “[wjhere the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” … In other words, Barnette established the principle that courts may define and guard constitutional rights.

Calwell v. Prindle's Adm'r

11 W. Va. 307 · West Virginia Supreme Court · Sep 10, 1877

It does not appear when Prindle died, or when the defendant Mathews qualified as his administrator ; but the plaintiff alleges in his bill that defendant Mathews recently qualified as administrator, &c. … But plaintiff would clearly be incompetent to do so by his testimony given in his own behalf.

Stover v. Davis

57 W. Va. 196 · West Virginia Supreme Court · Feb 14, 1905

permitted to show to the satisfaction of the jury that more than three years before the action was commenced he had disclaimed to hold under Voss’ title; that Voss or those claiming under him had notice of such disclaimer, clearly … It is laid down as a general rule embracing in terms tenants in common, trustees, mortgagees and lessees, but disallowing none of the exceptions or limitations which qualify it, and exclude from its operation all cases where

D.B., D.B. v. J.R.

West Virginia Supreme Court · May 22, 2015

She was certainly qualified to give her medical opinion concerning the child’s asthma being aggravated by secondhand smoke. … Further, “‘[w]here the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.’

Hereford v. Meek

132 W. Va. 373 · West Virginia Supreme Court · Mar 1, 1949

Steele died testate on September 22, 1946, and the defendant qualified as his executor on September 26, 1946. … In the case of such unambiguity, it is the established policy of the courts to regard the statute as meaning what it says, and to avoid giving it any other construction than that which its words demand.

Charles L. v. David Ballard, Warden, Mt. Olive Correctional Complex

West Virginia Supreme Court · Mar 6, 2019

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 de novo … It would be entirely speculative as to whether the victim would have qualified for a taint expert or that a taint expert could have been found who would have testified in a way favorable to Petitioner such that it would have

Jacobs v. Jacobs

100 W. Va. 585 · West Virginia Supreme Court · Jan 13, 1926

Winnie M. qualified as. executrix, giving bond without surety, and took charge of the estate as such. … There is practically no dispute of fact; and the issue is clearly defined. Under the pleadings and facts, is appellant *591 entitled, to dower in the real estate of which her husband died seized and possessed?