Case law

State v. James

227 W. Va. 407 · West Virginia Supreme Court · May 2, 2011

As established in syllabus point one of State v. … The statute clearly states that “any defendant convicted ...

Kempker v. United States

District Court, N.D. West Virginia · Sep 7, 2021

Defendant argues that Plaintiff’s case should be dismissed because Plaintiff cannot establish that a duty of care owed to him was breached, sufficient to maintain any negligence claims, and a … Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins.

McFarland v. Wells Fargo Bank, N.A.

19 F. Supp. 3d 663 · District Court, S.D. West Virginia · May 7, 2014

Among those disputed facts were that Quicken Loans "pressured" the plaintiff into a larger loan than she requested and placed her into a "higher interest rate loan than that for which she qualified.” Id. … This statement flies in the face of the March 8, 2008, agreement [Docket 54-14] and the June 20, 2009, agreement [Docket 54-15], which clearly display signatures from Wells Fargo representatives. .

State Ex Rel. Morris v. West Virginia Racing Commission

133 W. Va. 179 · West Virginia Supreme Court · Jul 28, 1949

race track of said Jockey Club, and was assigned stables in which to quarter said horses during the race meetings; that she entered different horses, from time to time, in various races for which they were conditioned and qualified … We cannot assent to the proposition that the privileges and immunities of citizens of the United States, under the Fourteenth Amendment to the Constitution of the United States, or otherwise, shall be so far extended as to

Timberlake v. Heflin

180 W. Va. 644 · West Virginia Supreme Court · Mar 13, 1989

Heflin says in response that the complaint contains bare assertions of fact and that it cannot, therefore, qualify as a memorandum. … There also appear to be certain presumptions that are made by courts to establish the essential elements.

State v. Youngblood

221 W. Va. 20 · West Virginia Supreme Court · Jun 27, 2007

Clearly this note suggests that Katara told Kimberly or Wendy that Mr. Youngblood performed oral sex on her-and that she was grateful for this. Mr. … With respect to the sexual assault charges, the State's case was established by the sixteen year old victim's testimony which was completely consistent with the physical evidence recovered at the scene of the crime.

Schwartz v. COUNTY COURT OF HANCOCK COUNTY

68 S.E.2d 64 · West Virginia Supreme Court · Dec 11, 1951

Article 1 thereof establishes a state board of health, sometimes designated by the chapter as state public health council, makes it a corporation, and defines its powers and duties. … It clearly appears that the defendant paid unto the petitioner, as county health officer for Hancock County, a salary of $4,200 for the fiscal year beginning July 1, 1950.

Bates v. Saad

District Court, N.D. West Virginia · Mar 13, 2018

discredited by the video and documentary evidence submitted to the Court for in camera review; (4) as government officials performing discretionary functions, the defendants are entitled to qualified … immunity; (5) the plaintiff’s claims regarding his disciplinary actions over his incident report are not cognizable in a Bivens action but must be brought under 28 U.S.C. § 2241; (6) the plaintiff

State of West Virginia ex rel., Municipal Water Works v. The Hon. Derek C. Swope

West Virginia Supreme Court · Nov 5, 2019

It is not necessary to establish that joinder is impossible; rather, the test is impracticability. … Clearly delineating the contours of the class along with the issues, to represent the class.

Richardson v. Ralphsnyder

40 W. Va. 15 · West Virginia Supreme Court · Dec 1, 1894

Potter, also answered the bill, admitting that she qualified as administratrix of her deceased husband. … C. was urging the immediate recorda-. tion of the deed; and the evidence clearly showing that said *34 W. R. Potter made this conveyance with fraudulent intent, and I. C.

Lane v. Fayette County Sheriff's Department

District Court, S.D. West Virginia · Sep 30, 2019

The Commission is thus not immune from this state law claim. … Commission “failed to properly investigate plaintiff’s injuries and take action against the defendants” and that “[r]epeatedly handcuffing and releasing plaintiff who was clearly

State of West Virginia v. John Henry Herring

West Virginia Supreme Court · Apr 20, 2022

Surveillance cameras in the restaurant showed petitioner shoving the victim and established that petitioner was an active participant in the robbery. 1 When the trio entered the restaurant, the victim was … That rule provides, in pertinent part, that “[t]he brief must contain an argument exhibiting clearly the points of fact and law presented, . . .

State of West Virginia v. Kelly Marie Tusing

West Virginia Supreme Court · Jun 14, 2022

Our standard of review here is well established: “‘[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.’ … First, the State contends that section 61-8D-2a(c) clearly and unambiguously establishes a determinate sentence of fifteen years to life, and therefore what the State persists in calling the “preamble” cannot be considered

State v. Sigler

224 W. Va. 608 · West Virginia Supreme Court · Nov 25, 2009

Clearly the conclusion reached by the court in Davis falls outside the constitutional parameters for suspicionless motor vehicle checkpoints set by the United States Supreme Court and by this court in Carte and Frisby . … 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

James R. Meadows v. R.S. Mutter, Deputy Superintendent, McDowell County Corrections

West Virginia Supreme Court · Apr 6, 2020

performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified … It is well-established that “[p]olygraph test results are not admissible in evidence in a criminal trial in this State.”

Crislip v. Cain

19 W. Va. 438 · West Virginia Supreme Court · Apr 22, 1882

This we believe to be the clearly defined and well established rule upon the subject both in Englaud and America.” … Where they are clearly established, they are valid and will be respected and enforced, if fair and reasonable.

Newcomb v. Brooks

16 W. Va. 32 · West Virginia Supreme Court · Dec 20, 1879

But those authorities which thus qualify the general rule all agree, that a purchase by a fiduciary of trust-property will always be scanned in a court of equity with the most searching and questioning suspicion, and will … The authorities we have cited clearly sustain this as law.

State v. Powers

211 W. Va. 116 · West Virginia Supreme Court · May 30, 2001

Having established the proper standard for our review, we now consider the substantive issue before us. III. … It should be noted, however, that the right to waive the assistance of counsel is qualified.

West Virginia Dept. of Transportation v. Margaret Z. Newton

235 W. Va. 267 · West Virginia Supreme Court · May 13, 2015

We'review challenges to findings of fact under a clearly erroneous standard; conclusions of law are reviewed de novo. … Newton to establish a market for the limestone during an eighteen-month period from the date of the take. Clearly, such a requirement is not found in Roda .

Carroll v. Flanagan

135 W. Va. 234 · West Virginia Supreme Court · Jan 30, 1951

But as matters of substance in pleading are necessarily clothed with form, the imaginary line between the two forms of demurrer, attempted to be established by the British Parliament in the enactment of 27 Eliz., c. 5, was … Clearly it was the duty of the executor, having been duly qualified to seek to retrieve and take into his possession all personal property which may have been appropriated by the defendant and which rightly belonged to the