Case law

State of West Virginia v. Gary Lee Rollins

233 W. Va. 715 · West Virginia Supreme Court · Jun 17, 2014

Rule 24(c) commands that if a regular juror is not qualified to sit on the jury, that juror should be replaced with an alternate juror prior to the jury retiring to consider a verdict. … As a threshold matter, we must first establish that Mr. Rollins adequately preserved the error for appeal.

The Wall Guy, Inc. v. Federal Deposit Insurance Corporation (FDIC)

District Court, S.D. West Virginia · Feb 7, 2023

However, the Pledge Agreement clearly does not meet the definition of a QFC under the statute. … the Corporation determines by regulation, resolution, or order to be a qualified financial contract for purposes of this paragraph”).

William James Bumpus v. R.S. Mutter, Superintendent, McDowell County Correctional Facility

West Virginia Supreme Court · Sep 4, 2020

highly deferential" and explaining that there exists a strong presumption that "counsel's performance was reasonable and adequate." 181 Moreover, the Miller Court held that there is a "wide range" of performance which qualifies … The form clearly indicated that Petitioner was under arrest for a shooting murder.

The Estate of Lois M. Larosa v. LaRosa

District Court, N.D. West Virginia · Dec 7, 2018

LaRosa” and that “[i]t is also clearly established that the rents and profits from these properties in the next five years would be insufficient to satisfy these liens.” Id. … LaRosa that are subject to judicial sale in this action have been clearly identified. Id.

State Ex Rel. Suriano v. Gaughan

198 W. Va. 339 · West Virginia Supreme Court · Dec 5, 1996

Clearly, the controversy and Romano’s entry into it predated the OCEA’s and Suriano’s statements. Foretich, 37 F.3d at 1553, 1554-55 . … We think the relators have established that Dr. Romano had ample means to respond.

Wilson

District Court, N.D. West Virginia · Mar 31, 2026

Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. … REPORT AND RECOMMENDATION IN PART [ECF NO. 63], REJECTING IT IN PART, AND REFERRING MATTER TO MAGISTRATE JUDGE for Position #1 even though he was less qualified

Ohio Valley Environmental Coalition v. Bulen

410 F. Supp. 2d 450 · District Court, S.D. West Virginia · Jul 8, 2004

The court ordered the Corps to publish regulations “clearly recognizing the full regulatory mandate of the Water Act.” Id. … The Corps’ construction of the statute cannot be permissible where it does not give effect to Congress’s clearly-stated intent. E.

State of West Virginia v. Alexander Paul Delorenzo

West Virginia Supreme Court · Nov 17, 2022

“[T]he prosecution must show by ‘affirmative evidence’ as a condition precedent to its admissibility that the voluntariness of a confession is established by a preponderance of the evidence.” Farley, 192 W. … Haring was not qualified to 31 testify as a criminologist about the following issues: (1) that it is not typical that someone would place pornography on someone else’s home

Roush v. Johnson

139 W. Va. 607 · West Virginia Supreme Court · Mar 30, 1954

Having inspected the installations, and being a highly qualified witness, Perry gave graphic testimony as to the condition in regard to the electrical installations, which he found on the Garton property on the day the inspection … That both the distributing company and the outfitting company were independent contractors appears clearly from this record.

Johnson v. West Virginia University Board of Governors

District Court, S.D. West Virginia · Sep 19, 2025

Johnson, who is not an ophthalmologist and is not qualified to render standard of care opinions as to ophthalmology. (ECF No. 249-3 at 79:10-80:22.) … Here, the evidence clearly shows that Plaintiff is not entitled to judgment as a matter of law.

Tavenner v. Baughman

129 W. Va. 783 · West Virginia Supreme Court · Mar 11, 1947

appear, Anne Dorothy Baugh-man was named as executrix of the wills of her father and mother, and by her sister as executrix and trustee of her estate, and, though the record before us does not show it, it is assumed that she qualified … However, it does not clearly appear that any part of these estates was used to purchase or deal in stocks.

Hundley v. Autism Services Center, Incorporated

District Court, S.D. West Virginia · Oct 12, 2017

That is, the constitutional provision clearly reflected the protected right that the plaintiff claimed the employer violated. … Plaintiff in her Response also contends that the ability to have a second-job is protected by the Privileges and Immunities Clause of the United States Constitution (“P&I Clause”).

McCumbee v. M Pizza, Inc.

District Court, N.D. West Virginia · Mar 30, 2023

Yet the evidence before the Court clearly shows the Plaintiff’s signature on the Arbitration Agreement, dated September 21, 2022, at 8:34 p.m. … First, the Arbitration Agreement clearly constitutes a written agreement.

Adams v. Little Giant Ladder Systems, LLC

District Court, S.D. West Virginia · Dec 6, 2024

The Court previously excluded Kassekert’s testimony on the basis that he is not qualified to opine on welds or relevant material failure. Mem. Op. & Order (ECF No. 102). … Again, this argument fails because West Virginia law allows a plaintiff to establish a defect by circumstantial evidence.

State of West Virginia v. Campbell

West Virginia Supreme Court · Jan 28, 2022

Moreover, “A trial court’s decision regarding the voluntariness of a confession will not be disturbed unless it is plainly wrong or clearly against the weight of the evidence.” Syl. pt. 3, Id. … We find the jury was properly instructed regarding the State’s burden to establish, by a preponderance of the evidence, that Mr.

Horizon Ventures of West Virginia, Inc. v. American Bituminous Power Partners, L.P. and American Bituminous Power Partners, L.P. v. Horizon Ventures of West Virginia, Inc.

West Virginia Supreme Court · Apr 18, 2022

The parties created a contractual relationship in 1989, with a Lease Agreement establishing the rent that AMBIT would pay to Horizon. … dispute shall be submitted to the consulting engineer retained by the “Lenders” . . . or, if such consulting engineer refuses or is unable to serve in such capacity, by any qualified

Ralph Terry, Acting Warden v. Phillip A. Ward

807 S.E.2d 311 · West Virginia Supreme Court · Nov 9, 2017

the experts in this case, reflected by their answers to the questionnaires presented to them in lieu of courtroom testimony, make it clear that DNA results can never conclusively establish … The Petitioner was represented by highly qualified, trial-experienced, capable attorneys. Two independent laboratories re-examined the physical blood evidence.

Quigley v. City of Huntington WV

District Court, S.D. West Virginia · Mar 30, 2020

Moreover, the Plaintiff moves the Court to find that the statute cannot qualify as a lawful predicate to charge him with the crime of “brandishing” and cannot be used as a defense to his claims. … The Plaintiff clearly brandished his weapon in a manner to threaten a breach of the peace. W. Va. Code § 61-7-11 was constitutionally applied to the Plaintiff.

Nautilus Insurance Company v. The Frosted Mug, LLC

District Court, N.D. West Virginia · May 14, 2020

As clearly explained in Dobbs, however, Murray “cannot mischaracterize intentional acts as negligence claims in order to avoid the exclusions contained within the insurance policy.” … Each of these intentional acts qualifies as an assault, a battery, or, at the least, a physical altercation, all of which are excluded under the plain language of the Policy. See Dobbs, 873 F.

State of West Virginia v. Jesse Lee Heater

237 W. Va. 638 · West Virginia Supreme Court · Jun 2, 2016

Sixth Amendment decision, the United States Supreme Court reaffirmed that “the constitutional right at issue here is fundamental: ‘[T]he sixth Amendment guarantees a defendant the right to be represented by an otherwise qualified … Heater’s evidence and argument shows, at best, a “mere opportunity to influence the jury,” which is clearly insufficient to warrant a new trial. State v. Sutphin, 195 W.