Case law
Opinions from 1658 to today.
5,304 results
2.15s
48 W. Va. 170 · West Virginia Supreme Court · Jun 12, 1900
They are often re-examined, reversed and qualified by the courts themselves whenever they are found to be either defective, ill founded or otherwise incorrect.” … Clearly not. To do so, would nullify its own decision.
Cited 26 timesPublishedState of West Virginia v. Daniel M.
West Virginia Supreme Court · Nov 19, 2018
The State also presented the testimony of Betty Fisher, who was qualified as an expert forensic nurse examiner. Ms. … We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous
Cited 0 timesPublishedState of West Virginia ex rel. Perri DeChristopher v. Phillip D. Gaujot
West Virginia Supreme Court · Mar 16, 2021
Va. 135, 148, 744 S.E.2d 245, 258 (2013) (circuit court’s voluntariness ruling can only be reversed where it is plainly wrong or clearly against the weight of the evidence). … Mayhew, the self-styled “free-lance interpreter,” was actually qualified to perform 6 what should have been her sole task: to translate the detective’s question into Spanish
Cited 0 timesSeparateMitchell v. State Workmen's Compensation
256 S.E.2d 1 · West Virginia Supreme Court · Jul 13, 1979
Commissioner determines in a W.Va.Code, 23-5-1, proceeding, that the claimant was not lawfully entitled to the temporary 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.
Cited 0 timesPublishedContinental Coal Co. v. Connellsville By-Product Coal Co.
104 W. Va. 44 · West Virginia Supreme Court · Jun 7, 1927
The courts are in accord in holding that where the landowner has deeded his mineral, and has not used express words showing clearly or by necessary implication that he has waived or qualified his right to subjacent support … Counsel for *63 plaintiff say we should take a step forward under the ever-expanding principles of equity to meet, changing conditions, and modify the ancient and established rules respecting sub-jacent support.
Cited 15 timesPublishedDistrict Court, S.D. West Virginia · Jun 11, 2020
Article 10 of the CBA establishes a grievance procedure for disputes between the parties. (Id. ¶ 6.) … Article 10 also establishes the jurisdiction and authority of the arbitrator. (ECF No. 12- 1 at 13 (CBA).)
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · May 23, 2018
United States, 133, S.Ct. 2276 (2013), to the charging documents related to these convictions clearly establishes that they could have been sustained by proof of mere recklessness. … The statutory maximum for that offense was 40 years, not life, which would have established a base offense level 34. U.S.S.G. § 4B1.1(b)(B).
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · May 23, 2018
United States, 133, S.Ct. 2276 (2013), to the charging documents related to these convictions clearly establishes that they could have been sustained by proof of mere recklessness. … The statutory maximum for that offense was 40 years, not life, which would have established a base offense level 34. U.S.S.G. § 4B1.1(b)(B).
Cited 0 timesUnknown317 F. Supp. 350 · District Court, N.D. West Virginia · Aug 7, 1970
Hull at all times during the performance of his duties as a construction engineer was fully qualified to inspect the construction and work of the contract, for Mr. … The evidence clearly shows that plaintiff could have secured the needed water without using the scaffolding at all, i. e., by having the water hose thrown to him on the second floor or by descending to the ground by the wooden
Cited 6 timesPublishedDistrict Court, N.D. West Virginia · Aug 9, 2017
Examples of the former class are claims against which it is clear that the defendants are immune from suit. . . Id. at 327. … Frivolity dismissals should only be ordered when the legal theories are indisputably meritless, or when the claims rely on factual allegations which are “clearly baseless.” Denton v.
Cited 0 timesUnknownHarris v. Q & A Associates, Inc.
District Court, N.D. West Virginia · Jun 22, 2018
“[T]he defense can be established only through the introduction of evidence by a defendant that shows the negligence of another party or a nonparty.” Id. (quotations omitted). … 20 Fact witnesses may provide lay opinions if they are “rationally based on the witness’s perception,” “helpful to clearly
Cited 0 timesUnknownState of West Virginia v. Rashaun R. Boyd and Christopher R. Wyche
238 W. Va. 420 · West Virginia Supreme Court · Jan 19, 2017
Consequently, the circuit court’s factual findings should be reviewed under a clearly erroneous standard, and questions of law are subject to a de novo review.” Syl. pt. 7, State v. Black, 227 W. … Even if the fingerprint card arguably is not self-authenticating, the district court did not abuse its discretion in admitting the card into evidence, because it also qualifies as
Cited 28 timesPublishedDistrict Court, N.D. West Virginia · Sep 20, 2022
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.
Cited 0 timesUnknown50 W. Va. 390 · West Virginia Supreme Court · Dec 7, 1901
This a purchaser clearly has a right to do, as has been held in a number of Virginia eases. In the case of Goddin v. … The principle of representation in such cases is well established.
Cited 13 timesPublishedDistrict Court, N.D. West Virginia · Dec 19, 2017
As discussed more fully below, Petitioner clearly is not entitled to relief under 28 U.S.C. § 2241, and therefore, no further response is required of Respondent. … If the state crime was “the same as, or narrower than, the relevant generic offense,” then the state crime qualified as an enumerated offense. 136 S.Ct. at 2257; see also Taylor v.
Cited 0 timesUnknownColumbia Gas Transmission, LLC v. Heaster
District Court, N.D. West Virginia · Oct 16, 2020
The agreements, addendums, drawings and maps in the record at this point certainly do not clearly establish Columbia Gas has a right to use AR 010. … To establish an easement implied by necessity[,] . . .
Cited 0 timesUnknownDistrict Court, N.D. West Virginia · Oct 6, 2017
The law is clearly developed, however, that merely because relief has become unavailable under § 2255 because of a limitation bar, the prohibition against successive petitions, or a procedural bar due to failure … for which he stands convicted, and, therefore, the Petitioner has not established the second element of Jones.
Cited 0 timesUnknown92 W. Va. 542 · West Virginia Supreme Court · Dec 12, 1922
Further than this, these witnesses were all non-experts, and it is a little difficult to understand how they could be qualified to testify as to what produced the mental condition they observed. … This is clearly apparent from the examination that followed. Thereafter his attention was not directed to the first question by counsel for defendant or the State.
Cited 24 timesPublished220 W. Va. 300 · West Virginia Supreme Court · Feb 21, 2007
The State called Trooper Geoffrey Pasko, and the trial court qualified him as an accident reconstruc-tionist. Trooper Pesko described Route 50 east as a downhill slope where the accident occurred. … The evidence adduced at trial indicted that the driver had been on duty for twenty-one hours, exceeding the on-duty time established by state and federal laws, had driven at an excessive rate of speed, and had failed to brake
Cited 5 timesPublishedDistrict Court, S.D. West Virginia · Feb 28, 2019
. § 4B1.1 after this Court found that Defendant qualified as a career offender based upon two prior controlled substance offenses. Id. at 4–5. … An information filed under 21 U.S.C. § 851 sets forth the procedure required to establish that the defendant has been convicted of a prior felony drug offense in order to create a statutory enhancement, not a guideline
Cited 0 timesUnknown
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