Case law

West Virginia Office of Miners' Health, Safety and Training v. Bobby Beavers

West Virginia Supreme Court · Apr 26, 2022

Code § 22A-1A-2(c). 19 has clearly not recognized any such CBD use defense. … As alcohol is also a legal product, the statute clearly tests for legal products.

Davis v. Eagle Coal and Dock Co.

220 W. Va. 18 · West Virginia Supreme Court · Dec 4, 2006

Therefore, because Congress has clearly expressed its intent not to preempt all state law or to occupy the entire field, we conclude that field preemption does not exist in this case. … asserted by plaintiffs against Fletcher — product design and failure to warn — are predicated upon a theory that the dust collecting system incorporated into the Fletcher roof bolting machine was defective, these cases qualify

State v. Thornton

228 W. Va. 449 · West Virginia Supreme Court · Jun 22, 2011

In her responsive ease-in-chief, the appellant relied upon the testimony of Harold Eugene Buttram, M.D., who was qualified as an expert 8 over the objections of the State. Dr. … Buttram was qualified to be an expert. Voir dire established that Dr. Buttram was a family practice physician with 24 years of experience as a general practitioner. Dr.

Proctor v. Saad

District Court, N.D. West Virginia · Nov 3, 2017

As discussed more fully below, Petitioner clearly is not entitled to relief under 28 U.S.C. § 2241 and therefore, no response is required of Respondent. V. … the legality of a conviction: § 2255 is inadequate and ineffective to test the legality of a conviction when: (1) at the time of the conviction, the settled law of this Circuit or of the Supreme Court established

Fields v. U.S. Marshals Service

District Court, S.D. West Virginia · May 16, 2023

For inextricably intertwined challenges, “the court should resolve the relevant factual disputes only after appropriate discovery, unless the jurisdictional allegations are clearly immaterial or wholly unsubstantial and … Hurwitz, 62 F.4th 127, 142 (4th Cir. 2023) (“[W]aivers of sovereign immunity must be strictly construed.”).

State of West Virginia ex rel. Smith, Prosecuting Attorney v. The Honorable Michael Olejasz, Judge of the Circuit Court of Ohio County

West Virginia Supreme Court · Nov 19, 2021

Maryland, 373 U.S. 83 (1963), including the existence and substance of any payments, promises of immunity, leniency, preferential treatment, or other inducements made to prospective … However, despite receiving this response from the Forensic Lab—which clearly establishes that it cannot testify to impairment, defense counsel represented to the court on April 13, that had the Forensic Lab done toxicology

State Ex Rel. Cox v. Sims

138 W. Va. 482 · West Virginia Supreme Court · Jun 26, 1953

The evidence does not establish any other act upon his part which could have caused the fire. … In that case negligence upon the part of the employees of the commission which was the proximate cause of the destruction of the trees was clearly established and the moral obligation declared by the Legislature based on

Ohio Finance Co. v. Mannington Window Glass Co.

86 W. Va. 322 · West Virginia Supreme Court · May 4, 1920

This suit was instituted for the purpose of establishing certain indebtedness claimed by the plaintiff against the defendant Mannington Window Glass Company, and subjecting to sale in satisfaction of said indebtedness certain … It clearly appears that Solomon was not entitled to any such sum as $4931.50, if indeed he-was entitled to receive anything at the time these notes were issued to him.

State of West Virginia v. Erik K.

West Virginia Supreme Court · Oct 13, 2020

Agee qualified her assessment by stating that, [o]f course, a score from the Static-99R (or any measure) does not indicate whether the individual who received that score will or will not sexually reoffend . … Agee’s evaluation “clearly bears out.” Third, in further reference to Dr.

STATE EX REL. KUTIL v. Blake

223 W. Va. 711 · West Virginia Supreme Court · Jun 5, 2009

Such policy determination is clearly a .legislative prerogative, outside of the purview of the courts. … Clearly, that Petitioner should not be excluded from consideration for the reason stated by Respondent.

Harner v. Price

17 W. Va. 523 · West Virginia Supreme Court · Dec 18, 1880

The doctrine is.laid down in this guarded and qualified manner, because it is not to be disguised, that there are authorities which are supposed to contradict it.,; Mr. … It clearly appears, that the defendant, Price, informed the plaintiff on the day before the judgment was confessed, that he had seen the executors of Hagans, deceased, one of whom was a co-security with the plaintiff, about

Mahood v. Ames

District Court, S.D. West Virginia · Mar 28, 2024

Where a claim has been summarily refused, the Court must simply determine whether that decision was legally and factually reasonable under clearly-established federal law. , 236 F.3d 149, 158 (4th Cir. 2000) (When … court’s determination ‘resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States.’”).

David Ballard v. Brian Bush Ferguson

West Virginia Supreme Court · Oct 25, 2013

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 … Zimarowski to establish his innocence, Mr. Zimarowski cannot blame Mr. Ferguson for trusting his judgment and strategy.

Tex H. v. Donnie Ames, Superintendent

West Virginia Supreme Court · Jun 17, 2019

This Court affirmed the dismissal of petitioner’s fourth habeas petition, finding that “his second habeas proceeding qualifie[d] as an omnibus habeas corpus proceeding under . . . Losh [v. … In West Virginia, claims of ineffective assistance of counsel are governed by the two-pronged test established in Strickland v.

Beirne's v. Beirne

33 W. Va. 663 · West Virginia Supreme Court · Mar 10, 1890

This suit was instituted in December, 1888, by Hugh Caperton and William Gaston Caperton, who had qualified as the executors of the last will and testament of said Oliver Beirne, to obtain a construction of said will, and … He had recognized the obligation on his estate to furnish this support, and he directed the executors t'o pay it, not out of her property, but out of his own; and I am clearly of the opinion that no case of election arose

Mullins v. Johnson

District Court, N.D. West Virginia · May 14, 2024

at § 3.01(b) (“Only qualified voters of the State of West Virginia shall be eligible to hold the office of councilmember.”). … West Virginia jurisprudence clearly distinguishes public officials from public employees.

Miller v. Ashton

District Court, N.D. West Virginia · Oct 21, 2019

two other defendants, Ohio lawyers, used the elderly woman, to bill nearly $100,000 in legal fees for a lawsuit she did not want to bring, did not understand, did not read before filing, and clearly … There are absolute privileges and qualified privileges.

Ohio Valley Environmental Coalition, Inc. v. Apogee Coal Co.

555 F. Supp. 2d 640 · District Court, S.D. West Virginia · May 27, 2008

In other words, SMCRA regulations cannot be construed to impose effluent limitations more stringent than those established under the authority of the CWA. … To qualify as a "minor modification” and avoid the public notice procedures required for a major modification, changes to a permit must fit within specific enumerated categories.

Clay v. Saad

District Court, N.D. West Virginia · Dec 18, 2017

Furthermore, Alleyne is clearly distinguishable from Petitioner’s case. In Alleyne, the defendant was convicted by a jury. … Petitioner’s sentence of 262 months, while more than he may have anticipated, clearly falls with the statutory minimum of not less than ten and nor more than life imprisonment.

Graham v. Paugh, Jr.

United States Bankruptcy Court, N.D. West Virginia · Feb 6, 2023

Once the court establishes that the services and/ or money, for example, was obtained by false pretenses or misrepresentation, then “any debt” arising therefrom is excepted from discharge. Id. at 219. … Therefore, the record clearly establishes that the Defendant misrepresented himself as a licensed Contractor. Additionally, the Defendant knew his representations to the Plaintiff were false.