Case law

United States v. Powell

929 F. Supp. 231 · District Court, S.D. West Virginia · Jun 7, 1996

In fact, Jones concedes his team took no action on March 1 to establish who owned or resided at the house before seeking consent to enter without a warrant. T. 14. Officer Jones did do the following. … Rodriguez , however, further notes and qualifies as follows: As Stoner [v.

State v. McKenzie

197 W. Va. 429 · West Virginia Supreme Court · Jul 18, 1996

We find that neither officer’s testimony was crucial to the State’s case and was not used to establish appellant’s guilt. … This Court has clearly stated: ‘“A judgment of conviction will not be reversed because of improper remarks made by a prosecuting attorney ... to a jury which do not clearly prejudice the accused or result in manifest injustice

State Ex Rel. Cohen v. Manchin

175 W. Va. 525 · West Virginia Supreme Court · Oct 2, 1985

It does appear that W.Va.Code, 3-8-7, clearly permits the filing of a financial statement by a candidate’s financial agent in lieu of the candi *536 date. … Marra involved a city ordinance establishing a one-year residency requirement for city council members.

Cunagin v. Cabell Huntington Hospital, Inc.

District Court, S.D. West Virginia · Oct 22, 2020

Upon review, however, the Court finds Minnich and Faircloth clearly are distinguishable from the present case. … Clearly, those requirements focus on medical doctors, and it would be absurd (if not impossible) to have a licensed physician opine to a “reasonable medical probability” as to sufficiency of a security system.

Zimmerer v. Romano

223 W. Va. 769 · West Virginia Supreme Court · Apr 30, 2009

Va.Code § 17-2A-19 is clearly a more general statute explaining the DOH’s process in disposing of excess property. W. … In order to qualify for preferential treatment, the surviving spouse or descendant need not be a beneficiary of the individual.

Simmons

District Court, S.D. West Virginia · Mar 13, 2026

The pending Rule 12(c) motions indeed present multiple issues, including municipal liability, supervisory liability, qualified immunity, and the sufficiency of Plaintiffs’ Fourth Amendment claims. … Local Rule 7.1(a)(2) establishes a default page limitation for memoranda and provides that motions to exceed that limitation will be denied absent a showing of good cause.

K.C. v. Appalachian Community Health Centers, Inc.

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

Thaxton noted that K.C. did not qualify for additional therapy. … We agree with the Board’s determination that K.C. failed to establish by a preponderance of the evidence that any of the claim administrator’s orders she appealed should have been reversed or that any issue should have been

Roy v. D'Amato

218 W. Va. 692 · West Virginia Supreme Court · Mar 31, 2006

STANDARD OF REVIEW It is well-established that, “ ‘ “Appellate review of a circuit court’s order granting a motion to dismiss a complaint is de novo.” Syllabus Point 2, State ex rel. McGraw v. … This Court has also held that, “Where 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.”

West Virginia Human Rights Commission v. Wilson Estates, Inc.

202 W. Va. 152 · West Virginia Supreme Court · Jun 1, 1998

Stephen did not qualify for protection under the "race” classification. The circuit court appears to have been persuaded by both the statute of limitations argument and the fact that Ms. … Although the record clearly reflects the Commission's objections to the scheduling of the hearing on September 9, 1996, the circuit court proceeded to hold the hearing on that date.

Eagon v. Cabell County Emergency Medical Services

District Court, S.D. West Virginia · Jun 10, 2025

If permitted to be offered by Plaintiffs, it clearly would impact CCEMS’s trial strategy and calculation of its risks. … The party offering the expert opinion has the burden of establishing its admissibility by a preponderance of proof. Cooper v.

Price v. Equifax Information Services

District Court, S.D. West Virginia · May 15, 2020

The complaint need not “forecast evidence sufficient to prove the elements of [a] claim,” but it must “allege sufficient facts to establish those elements.” Wright v. N. … “In so mandating, Congress clearly intended furnishers to review reports not only for inaccuracies in the information reported but also for omissions that render the reported information misleading.” Id.

Wood

District Court, S.D. West Virginia · Mar 4, 2026

Based upon the foregoing, the undersigned finds that Plaintiff’s due process and equal protection claims under the Fifth Amendment clearly present a new context. … The PLRA’s exhaustion requirement clearly applies to Bivens actions. Porter v. Nussle, 534 U.S. 516, 532, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002).

Hartley v. 21st Mortgage Corporation

District Court, S.D. West Virginia · Sep 28, 2017

When this significant qualifier is read as part of the statute, Defendant’s “plain language” argument falls short. … Such allegation is clearly sufficient.

Solutions Oriented Addiction Response West Virginia v. State of West Virginia, Patrick Morrisey, in his official capacity as Governor of West Virginia, Arvin Singh, in his official capacity as Secretary of Health, The West Virginia Department of Health, Gordon C. Lane, Jr., in his official capacity as Executive Director of the West Virginia Health Care Authority, Robert Cheren, in his official capacity as Chairman of the West Virginia Health Care Authority, and The West Virginia Health Care Authority

District Court, S.D. West Virginia · Aug 14, 2026

At the pleading stage, as here, SOAR-WV “must clearly . . . allege facts demonstrating each element.” Spokeo, Inc. v. … how qualified the organization.’”

United Fuel Gas Co. v. Public Service Commission

73 W. Va. 571 · West Virginia Supreme Court · Jan 28, 1914

Ninth: In that said order of said Commission abridges the privileges and immunities of the said petitioner, a citizen of the United States, in violation of the 14th amendment of the Constitution of the United States, and … Among the authorities establishing this proposition may be cited the following cases: Reagan v. Farmers Loan & Trust Co., 154 U. S. 362, 394 ; Railroad Commission Cases, 116 U. S. 307 ; Tilley v. Savannah, Etc. R.

State v. Condry

83 S.E.2d 470 · West Virginia Supreme Court · Sep 10, 1954

According to the information of relators, each rented vehicle is driven by a qualified driver of the lessee. None of such drivers is an employee of, or has any relationship with, the relators. … The rule is firmly established that a statute susceptible of two constructions, one of which is, and the other of which is not, violative of a constitutional provision, will be given that construction which sustains its constitutionality

Horne v. Humphreys (In re James F. Humphreys & Associates, L.C.)

554 B.R. 355 · United States Bankruptcy Court, S.D. West Virginia · Jul 15, 2016

argument, that the Tazewell County Airport Authority was immune from suit, which the Plaintiffs have refuted. . … Binding precedent provides significant guidance concerning what type of action *363 qualifies as a “related to” case under title 11. In Celotex Corp. v.

Farber v. Douglas

178 W. Va. 491 · West Virginia Supreme Court · Oct 19, 1987

Clearly his direct involvement in the underlying allegations rendered it impossible for the prosecutor to objectively serve the interests of justice. … It is clear from our decision in Wade that in order to support a charge of false swearing under W.Va.Code, 61-5-2, the person administering the oath or affirmation must be qualified to do so and the sworn testimony, document

Martin v. Thayer

37 W. Va. 38 · West Virginia Supreme Court · Nov 19, 1892

They further allege that said will of 1884 is in the hands of David Mail- and Walter Thayer, who qualified as executors under said will of 1887, and pray that they be required to produce the same, and that such proceedings … evidence, or for any other cause, where all the facts proven are not stated in the bill of exceptions, the appellate court should not reverse the order of the court below, granting a new trial, unless it manifestly and clearly

Williamson v. Musick

60 W. Va. 59 · West Virginia Supreme Court · Feb 13, 1906

Every qualified voter has the right to freely cast one ballot, and to have that ballot express his choice, and to have it counted as cast. … The election room was in the same building which was established by law as the place of voting.