Case law

Barker v. United States

District Court, N.D. West Virginia · Jul 27, 2022

Five years later, following the Fourth Circuit’s decision in Campbell that the inchoate offense of attempt did not qualify as a controlled substance offense, Barker would no longer qualify as a … loss of acceptance of responsibility, Barker faced a guideline range of 210 to 262 months of imprisonment.19 Given this exposure, the binding plea agreement to a sentence of 120 months was clearly

Culbertson v. Jno. McCall Coal Co.

275 F. Supp. 662 · District Court, S.D. West Virginia · Sep 28, 1967

McCall Coal Company, Inc. is a Maryland corporation, with its principal office in Baltimore, Maryland, and is qualified to do business in the State of West Virginia. … The law seems to be well settled that once the relationship of principal and agent has been clearly established, an agent, claiming a change in that relationship to that of buyer and seller, must prove by clear and convincing

State ex rel. Walker v. Mental Hygiene Commissioners

217 W. Va. 80 · West Virginia Supreme Court · May 27, 2005

an individual to be detained and taken into custody — and that thereafter a prompt probable cause determination be made, according to prescribed procedures (that ordinarily but not necessarily include an examination by a qualified … Clearly, committing a person to a mental health facility involves a loss of liberty which implicates the due process clause.

Cann v. Cann

40 W. Va. 138 · West Virginia Supreme Court · Dec 19, 1894

Plaintiff qualified as administrator on the 31st day of August, 1881, and found in the drawer of decedent the above account book. … The law requires, under such circumstances, the sanction of an agreement to compensate, express or by inference fairly and clearly arising out of what is said and done by both parties, that if the one shall work and care

Mid-State Surety Corp. v. Thrasher Engineering, Inc.

575 F. Supp. 2d 731 · District Court, S.D. West Virginia · Jun 3, 2008

Words such as “provided that” and “if,” when used to qualify a promise, are among the most commonly used expressions to create a condition precedent, but they are not the only words capable of doing so. See id. … The parties clearly intended for Fidelity to serve as insurer for the completion of the construction of the water treatment plant.

United States v. Kokoski

865 F. Supp. 325 · District Court, S.D. West Virginia · May 9, 1994

He qualified for court appointed counsel and Thomas K. Patterson, Esquire, was assigned to represent him. … Rogers testified that “[t]he impairment that he was importing on would clearly be incompetent....

King v. Kayak Manufacturing Corp.

182 W. Va. 276 · West Virginia Supreme Court · Nov 9, 1989

Nugent was not qualified to render an opinion on the cause of the plaintiff’s head injury. We find that the trial court erred in refusing this testimony. … If the issue involves a traditionally settled area of law, such as contracts or property as distinguished from torts, and the new rule was not clearly foreshadowed, then retroactivity is less justified.

Callaghan v. Eastern Associated Coal Corp.

177 W. Va. 257 · West Virginia Supreme Court · Apr 3, 1986

Eastern contends that because it has not actively employed the dam since 1966, it has no responsibility for reclamation under state law, and that the site therefore qualifies for federal clean-up funds. … The legislature clearly intended by this enactment to take maximum advantage of money available from the AMR Fund.

Flavelle v. Red Jacket Consolidated Coal & Coke Co.

82 W. Va. 295 · West Virginia Supreme Court · Apr 16, 1918

He did not then go into the mine to qualify himself to testify in this suit, it was not contemplated at that time, but as to another matter in which appellant had no interest. … The only proof which, in our opinion, according to the express provisions of the contract when properly construed, tends with reasonable certainty to establish the claim of the appellees for coal lost, the loss whereof was

Jeffrey L. Finley v. Ralph Terry, Acting Warden

West Virginia Supreme Court · Jun 8, 2018

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … 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

State of West Virginia v. James Dee McKinney AKA 1227

West Virginia Supreme Court · May 29, 2026

Rather, the challenged statement made by Detective Cumberledge qualifies as an “unresponsive 13 answer.” … because he raises a Constitutional challenge and the circumstances of his violent criminal behavior are apparent from the record, the Court concludes that his sentences do not shock the conscience where the evidence established

State v. Sponaugle

43 L.R.A. 727 · West Virginia Supreme Court · Nov 30, 1898

Did that amendment come to overthrow this long-established law of the land? … It involves no violation of due process of law, when executed according to customary forms and established usage.”

Mitchell v. State Workmen's Compensation Commissioner

163 W. Va. 107 · West Virginia Supreme Court · May 22, 1979

Code, 23-5-1, proceeding, that the claimant was not lawfully entitled to the temporary *126 total disability benefits originally by virtue of the fact that the claim did not jurisdictionally qualify. … The medical evidence clearly indicates that Dr. Hills treated the claimant up to September 26, 1977, 13 and the Commissioner should have terminated the disability payments as of this date.

BLUESTONE PAVING v. Tax Com'r of State

591 S.E.2d 242 · West Virginia Supreme Court · Dec 9, 2003

of the limitation advocated by the Tax Commissioner requires a recital of a further development in the law of sales and use taxes that is pertinent because the taxpayer in this case is seeking to apply the use tax credit established … Second, in that manufacturing process, it would be ludicrous to require a search of each final product for portions that remain "identical" and thus qualify for the credit, e.g., driven nails that nonetheless remain identical

Cosner v. Thistlethwaite

District Court, S.D. West Virginia · Jul 8, 2020

However, it is clearly established that, to state a plausible claim of denial of access to the courts under the First Amendment, a plaintiff must allege an actual injury resulting from the failure to process a grievance … To state a claim for violation of Title II of the ADA, the plaintiff “must allege that (1) [he] has a disability, (2) [he] is otherwise qualified to receive the benefits of a public service, program, or activity, and (3

Herbert J. Thomas Memorial Hospital Assoc. v. Susan Nutter

West Virginia Supreme Court · Nov 17, 2016

Colo. 2002) (finding that CMS regulations do not provide right of action or establish standard of care, but merely determine whether hospital qualifies for provider agreement). … Although they may be laudable in an aspirational sense and clearly constitute a best practice, apparently the respondent provided no such corollary requirements embraced and articulated by the State of West Virginia as

Stevenson v. Independence Coal Co., Inc.

227 W. Va. 368 · West Virginia Supreme Court · Apr 28, 2011

The first order concluded that the questions of negligence and proximate cause were for the jury to determine: Several witnesses ... testified that Independence did not have enough qualified electricians who could provide … Nasher’s testimony would support a challenge to Stevenson’s credibility, show Stevenson’s dependency on the narcotic and establish a connection between the dependency and the subjective nature of Stevenson’s reflex sympathetic

State v. Wyatt

198 W. Va. 530 · West Virginia Supreme Court · Dec 12, 1996

Vero-nen had been qualified as an expert on battered woman’s syndrome in numerous jurisdictions, including Kanawha County, that her testimony was admissible and relevant, and that its probative value was not outweighed by … One seeking to establish that a matter violates the Constitution of this State or the United States bears the burden of establishing the violation. Robinson v.

Huffman v. Patriot Coal Corp.

District Court, S.D. West Virginia · Aug 21, 2024

and distinctly” establish the federal grounds.). … The allegations in the complaint must “affirmatively and distinctly” establish the federal grounds in order to establish a federal question arising under federal law.

Spatafore v. City of Clarksburg

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

“Once the plaintiff proffers evidence establishing [her] prima facie case, and the employer offers a non-retaliatory reason of the adverse action, the plaintiff ‘bears the burden of establishing … Plaintiff was clearly not making the comment to inform citizens on when City Hall and its services would be available.