Case law

Tex S. v. Karen Pszczolokowski, Warden

236 W. Va. 245 · West Virginia Supreme Court · Oct 8, 2015

“In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v. … In order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method.

State of West Virginia ex rel. Gabriel Devono and The Board of Education of Randloph County v. The Honorable David H. Wilmoth, Judge of the Circuit Court of Randolph Coutny, Sherman Arbogast, and Marlene Arbogast

West Virginia Supreme Court · Jun 15, 2023

The petitioners contend that the district court’s dismissal of the plaintiff’s wrongful termination and negligence claims in Duerring I because of his failure to exhaust administrative remedies establishes that Mrs. … Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

State v. Hurst

11 W. Va. 54 · West Virginia Supreme Court · Jul 7, 1877

There was clearly no error in this part of tbe instruction. … They establish the doctrine that where the evidence is parol, any opinion as to the weight, effect or sufficiency of the evidence submitted to the jury, any assumption of a fact as proved, or even an intimation that written

Dale Anthony and Shatika Marie Campbell v. Annette Schoew

West Virginia Supreme Court · Apr 10, 2017

Respondent argued that the survey clearly demonstrated a violation of the five-foot setback covenant. … As such, it was not established that petitioners could, or in fact did, move the applicable “lot lines” by acquiring adjoining land.

First American Title Insurance Co. v. Bowles Rice, L.L.P.

District Court, N.D. West Virginia · Dec 11, 2017

describe in detail any and all documents which might exist which would indicate the amount of the reserve established; when it was established; who established the reserve; the … NO. 103] defendants asserted that they had acted in good faith and were entitled to immunity. 68 F.R.D. at 578.

Powell v. Bank of America, N.A.

842 F. Supp. 2d 966 · District Court, S.D. West Virginia · Feb 2, 2012

Our court of appeals lays a “heavy burden” upon a defendant claiming fraudulent joinder: “In order to establish that a nondiverse defendant has been fraudulently joined, the removing party must establish either: [t]hat there … Grace & Co., 156 F.3d 535 (4th Cir.1998), plaintiffs maintain that BAC’s right of foreclosure is qualified by a duty to act in good faith.

Ratliff v. Norfolk Southern Railway Co.

224 W. Va. 13 · West Virginia Supreme Court · Jul 27, 2009

Because the releases in Schubert and Duncan had granted general immunity to the railroad, as opposed to addressing a specific instance of disputed liability, they were void. Babbitt, 104 F.3d at 92-93 . … Ratliff qualified for the $35,000 separation allowance. The amount of $9,012.50 was withheld for federal and state income taxes, and Mr. Ratliff received a lump sum payment of $25,987.50. .

Daimler Chrysler Financial Services Americas LLC v. Jones (In Re Jones)

397 B.R. 775 · District Court, S.D. West Virginia · Sep 29, 2008

Daimler-Chrysler claims that it qualifies for that exception because it acted to protect and preserve the property after the debtor filed for bankruptcy. … The statute’s references to an “installment obligation,” and to the right to cure in the context of tendering unpaid installment payments, clearly applies to a default in the context of failing to make payments, and not to

State v. Heaton

23 W. Va. 773 · West Virginia Supreme Court · Dec 1, 1883

Being constantly repeated by the court, it naturally acquired the posi-tioir and strength of an established dogma. … The rule *791 as thus stated is qualified by tlie character of the possession and does not, as others have stated it, depend upon its application to the possession being exclusive. In State v.

State of West Virginia v. Morgan C. Vandergrift

West Virginia Supreme Court · Dec 7, 2020

Donohoe, who was qualified as an expert in accident reconstruction, testified to his examination of petitioner’s tire marks. Cpl. … This rule originally developed as an aid to the prosecution in cases in which the proof failed to establish some element of the crime charged. See 2 C.

Pickens v. Knisely

29 W. Va. 1 · West Virginia Supreme Court · Oct 30, 1886

purchaser of real estate, who has purchased bona fide and without notice of any defect in the title he ac *25 quired through a deed from a married woman and her hugr band duly recorded with the certificate of a notary or other qualified … Darden, vol. 1, p. 842, where he says: “It would seem to be clearly and conclusively established by a weight of authority too great for opposition, unless on the ground of local and peculiar law, that the fact of jurisdiction

Scotty E. Boothe v. David Ballard, Warden

West Virginia Supreme Court · Jun 19, 2014

We review the final order and the ultimate disposition under an abuse of discretion 3  standard; the underlying factual finding under a clearly erroneous standard … In regard to claims of ineffective assistance of counsel, we have said, In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established

Dickerson v. STATE WORKMEN'S COMPENSATION COM'R

173 S.E.2d 388 · West Virginia Supreme Court · Mar 6, 1970

In its opinion, the Appeal Board stated: The evidence clearly establishes that the lost time involved in this case and for which total temporary disability payments were made under the provisions of Code 23-4-6(a) resulted … However, the "mistake" by which the commissioner would justify the setting aside of this award was in the nature of additional medical testimony qualifying the evidence he had before him at the time he made the alleged mistake

LaRue v. LaRue

172 W. Va. 158 · West Virginia Supreme Court · May 27, 1983

Once that entitlement has been established, however, the statute becomes directive. … Furthermore, the statute clearly implies that if the court finds that assets earned by one spouse have been converted into property titled in the name of the other spouse, the assets should be restored to the spouse who originally

Pyles v. Boles

148 W. Va. 465 · West Virginia Supreme Court · Apr 15, 1964

I believe cases cited in the majority opinion for the proposition that the statute creates a single offense are clearly distinguishable. … I am not aware of any case in which this Court has ever held heretofore that the availability to the accused of these motions relaxes or qualifies the constitutional rule relating to the sufficiency of the accusation.

Dryden v. Swinburne

20 W. Va. 89 · West Virginia Supreme Court · Jul 8, 1882

This is our practice; and it is one, which has grown up and been approved without any statute establishing it. … This was the opinion of the county court in this case and in this it was clearly right.

White v. Manchin

173 W. Va. 526 · West Virginia Supreme Court · Jul 13, 1984

Although candidate Manchin is extremely vague in his representations concerning when he supposedly established domicile in the 14th Senatorial District, candidate Po-lan clearly admits in his deposition that he did not establish … that he did not establish his “sleeping quarters” until March 1984.

SER Matthew Harvey, Prosecuting Attorney v. Hon. John C. Yoder, Judge

239 W. Va. 781 · West Virginia Supreme Court · Oct 19, 2017

Sept. 28, 2016) (“MV-1 was under 18 in October 2015, and thus qualifies as an underage victim to whom Rule 412’s protections are especially important.”); People v. … In order to establish the falsity of the allegations, Mr. Rankin seeks to show that M.Y. had a motive to falsely accuse him. To do this, Mr.

People's Bank of Wilkesbarre v. Columbia Collieries Co.

75 W. Va. 309 · West Virginia Supreme Court · Dec 15, 1914

That the last named company at the time it so purchased had actual notice of the pendency of the suit, and of the contract with Lathrop in relation to the same stock and bonds, is unquestionably established. … The finding is clearly sanctioned by the evidence. It therefore appears that it was within the power of the trust company to comply fully with all that was demanded by the suit.

Martin v. Pugh

175 W. Va. 495 · West Virginia Supreme Court · Jun 6, 1985

This finding is not clearly wrong. *499 After July, 1978, the appellee began working 40 hours per week but at part-time hourly wages instead of on a salaried basis. … At that time the statute 13 provided that the maximum age for an applicant to take the qualifying examination for appointment as a member of a paid fire department was 35 years of age.