Case law

State Ex Rel. McMannis v. Mohn

163 W. Va. 129 · West Virginia Supreme Court · May 22, 1979

While it is necessary to establish a factual basis to prove the recidivist charge, these facts do not bear upon the defendant's guilt of a substantive offense. In Syllabus Point 1 of Conner v. … Griffith, W.Va., 238 S.E.2d 529 (1977), we defined the content of our Double Jeopardy Clause as follows: "The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further

Rogers v. Albert

208 W. Va. 473 · West Virginia Supreme Court · Dec 13, 2000

The fact that in a particular case it may take longer than 48 hours to consolidate pretrial proceedings does not qualify as an extraordinary circumstance. … As dicta, the quoted language from Harper clearly has no stare decisis or binding effect upon this Court.

Crum v. Ward

122 S.E.2d 18 · West Virginia Supreme Court · Sep 7, 1961

While there was some contrariety in the testimony of the witness, there was nothing which clearly established hostility or surprise. … Generally, and in the case at bar, the existence, the degree and the duration of pain and suffering of the plaintiff are clearly established by competent evidence; and to say that there is no evidence on which to base an

Hightower v. Grant Co. State Ploice

District Court, N.D. West Virginia · Oct 23, 2024

fees and costs, the court is obliged to screen the case to determine if the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … More specifically: It is established that a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.

Heldreth v. Marrs

188 W. Va. 481 · West Virginia Supreme Court · Dec 14, 1992

Clearly, a plaintiff who witnesses a closely related person severely injured or killed by the negligence of another will experience a more profound emotional trauma than a plaintiff who has no relationship with the injury … Merrill, 406 A.2d at 304 (harm for which plaintiff seeks to recover must be susceptible to some form of objective medical determination and proved through qualified medical witnesses); Folz v.

Bank of Mill Creek v. Elk Horn Coal Corp.

136 W. Va. 36 · West Virginia Supreme Court · Jun 5, 1951

Eavenson were appointed and qualified as receivers. An ancillary proceeding in Letcher County, Kentucky, followed, and Goldsmith, Eavenson and one J. J. Moore were appointed ancillary receivers in the State of Kentucky. … Clearly, as to the 38,000 certificates of which Watson died possessed, the claim of Elk Horn is that of a common .creditor, and it must share equally with other common creditors.

State v. Bragg

87 S.E.2d 689 · West Virginia Supreme Court · Jun 7, 1955

The threshold question is whether the venue of the case was established to lie in Kanawha County. … It has long been established by many decisions of this Court that where it clearly appears affirmatively that an error of the trial court could not affect the merits of the case, nor in any way be prejudicial to an accused

Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of Engineers

883 F. Supp. 2d 627 · District Court, S.D. West Virginia · Aug 10, 2012

The EPA unequivocally invoked the relevant regulation, and the course of conduct in this case clearly shows that the Corps did not treat the State § 401 certification as conclusive. … Glickman, 81 F.3d 437 (4th Cir.1996) requires the Corps to retain a biologist or other “qualified expert” capable of taking a “hard look” at the impacts of the Reylas permit.

Jenkins v. Ballard

District Court, S.D. West Virginia · Sep 25, 2017

established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an … The evidence is going to be Josh Settle has cut a deal, and he’s got what we call immunity.

City of Parkersburg v. Wayne White, Michael Wood, Joshua Gandee, adn all others similarly situation and International Association of Fire Fighters Local 91

Intermediate Court of Appeals of West Virginia · Dec 27, 2023

In 2008, the City of Parkersburg established a new longevity increment to its hourly rate of pay for fire civil service employees. … The second prong is not in dispute, as the IAFF Local 91 is a lobbying and advocacy group for firefighters and its interests are clearly aligned with those of the respondents.

Webb el al v. Kanawha River Terminals, LLC

District Court, S.D. West Virginia · Mar 21, 2022

An exception to an employer’s immunity under the LHWCA exists when the employer is also a vessel owner (a “dual-capacity employer”) and is being sued only in its owner capacity under § 905(b). See id. § 905(b). … It noted that a watercraft need not be used primarily as a means of transportation on water to qualify as a vessel, only that it be “used or capable of being used” as one. Id. at 495-497 (quoting 1 U.S.C. § 3).

Oakley v. Coast Professional, Inc.

District Court, S.D. West Virginia · Nov 4, 2021

But the Courts of Appeals that have distinguished Chae have not done so on bases that clearly distinguish this case. … But it does not follow that Congress wanted to provide collection agencies with full immunity from consumer protection laws.

In re Fairmont General Hospital, Inc.

569 B.R. 421 · United States Bankruptcy Court, N.D. West Virginia · Mar 24, 2017

Therefore, at the time the Debtor discharged Marquardt, it was clearly prepared to live with the risks associated with a potential termination claim. … Because Marquardt’s termination arose post-petition, his severance claim does not qualify because it did not occur within 180 days before the filing of the petition. See In re M Group, Inc., 268 B.R. 896 (Bankr. D.

State Ex Rel. Taylor v. Janes

225 W. Va. 329 · West Virginia Supreme Court · Apr 5, 2010

Sears, supra, where we held that: In order to establish a double jeopardy claim, the defendant must first present a prima facie claim that double jeopardy principles have been violated. … Taylor killed Derrick Osborne is therefore clearly a “critical issue of ultimate fact in all of the charges against” Mr. Taylor. Yeager, 129 S.Ct. at 2368-69 . The State could not convict Mr.

Caperton v. AT Massey Coal Co., Inc.

223 W. Va. 624 · West Virginia Supreme Court · Jul 28, 2008

The facts of the instant case clearly establish that this element has been met. … Furthermore, this qualifier helps to ensure that illegitimate attempts to remove an elected judge are unsuccessful.

Charles Terry v. Superintendent Jonathan Frame

District Court, S.D. West Virginia · Jan 16, 2026

After a careful analysis the Magistrate Judge found that the state courts’ habeas determinations were not “contrary to, or an unreasonable application of, clearly established federal law; or based on an unreasonable … First, he found that the state courts’ application of Strickland was not unreasonable because the State’s expert was “well qualified to present the expert testimony and such testimony was relevant, reliable, and admissible

Compton v. Conner

District Court, S.D. West Virginia · Feb 7, 2025

Thus, the FTCA is a limited waiver of sovereign immunity. … The PLRA’s exhaustion requirement clearly applies to Bivens actions. Porter v.

Brown Ex Rel. Brown v. Cabell County Board of Education

714 F. Supp. 2d 587 · District Court, S.D. West Virginia · May 26, 2010

The Court stated that student conduct which materially disrupts classroom work or involves substantial disorder is “not immunized by the constitutional guarantee of freedom of speech.” Id. at 513 , 89 S.Ct. 733 . … Past incidents of gang violence and increased tension caused by intimidation from gang members served as justification for the ban of a slogan clearly associated with that gang.

Moore v. Equitrans, L.P.

49 F. Supp. 3d 456 · District Court, N.D. West Virginia · Sep 23, 2014

‘A contract is ambiguous when it is reasonably susceptible to more than one meaning in light of the surrounding circumstances and after applying the established rules of construction.’ ” Id. at 716 (citation omitted). … As stated in previous sections of this opinion, the parties are clearly in contention as to whether or not Mr. Moore was aware that the pipeline was relocated in the incorrect place.

The Shumard Foundation, Inc. v. UMB Bank, N.A., in its capacity as Successor Master Trustee under that certain Master Trust Indenture dated as of August 31, 2007, between Ohio Valley University, Inc., and United Bank, Inc., and B. Riley Financial Inc., and Ohio Valley University, Inc.

Intermediate Court of Appeals of West Virginia · Feb 27, 2026

Under this statute, the parties dispute whether the PPLP Note qualifies as an instrument under the “any other writing” portion of the statute.7 Shumard avers that the PPLP Note does not qualify as an instrument because it … This is insufficient to establish error on appeal.