Case law

Barksdale v. Rickard

District Court, S.D. West Virginia · Feb 4, 2020

Petitioner objects to the PF&R’s finding that he cannot bring his claims under § 2241 because he does not qualify for the savings clause exception. … The Fourth Circuit’s analyses in Foote and Lester clearly support this understanding. In United States v.

The Courtland Company, Inc. v. Union Carbide Corporation (Courtland II)

District Court, S.D. West Virginia · Feb 23, 2021

“[I]ntangible . . . material,” while outside the scope of Rule 26(b)(3), also “qualifies for protection from discovery under the work product doctrine” as set forth in Hickman v. Taylor, 329 U.S. 495 (1947). … Plaintiff objected that the request seeks protected work product and stated, “[Defendant] has produced numerous documents through discover [sic] which establish the Union Carbide Filmont landfill property boundaries

Clark v. Coakley

District Court, N.D. West Virginia · Dec 11, 2017

In support, the petitioner argues that his prior conviction is no longer a felony offense after Mathis, and thus he did not properly qualify for the § 851 enhancement and is actually innocent of the enhanced sentence [Doc … The petitioner states that, “Judge Seibert makes [the determination] based on the assumption that 2241's cannot be used to overcome the ‘savings clause” and that Magistrate Judge Seibert is “clearly mistaken” in his statement

In re Application for License to Practice Law

67 W. Va. 213 · West Virginia Supreme Court · Mar 15, 1910

They are so clearly independent and devoid of judicial power; that, by the constitution and laws, such persons as the people see fit to elect are installed in these offices. … C. 1 , holding that “The legis *241 lature lias the right to establish the qualifications to be required of one to become a practicing member of the bar by virtue of the police power which is vested in that body”; and In

West Virginia Department of Health & Human Resources ex rel. Hisman v. Angela D.

203 W. Va. 335 · West Virginia Supreme Court · Jul 15, 1998

In Arbogast , we acknowledged that both the PKPA and UCCJA 17 attempt “to eliminate judicial com *344 petition and conflicting decrees in interstate child* custody dispute by establishing clear and definite rules about which … However, based upon the extensive record before this Court, it does not appear that Ohio could qualify as Zachary’s home state at the time of the initiation of the Ohio proceedings, since he had not resided in Ohio for a

State of West Virginia v. Jerry Deel

237 W. Va. 600 · West Virginia Supreme Court · Jun 3, 2016

The prosecutor then qualified: “Well, at the time, Your Honor, I believe it [referring to the supervised release statute] was zero to fifty years and then my understanding, it got modified in about 2008 to be the minimum … Further, we noted that “[t]he general premise clearly states the intent of the Legislature that the sentence imposed for certain felony offenses must include the additional penalty of a period of supervised release of

In re M.N.

West Virginia Supreme Court · Jun 6, 2025

maltreatment substantiations nearly two decades after they were made, without providing any explanation for the removal. 3 review challenges to findings of fact under a clearly … However, the petitioner does not offer any authority to support her assertion that the court was required to transfer M.N. from an established foster care placement to a newly discovered (and newly qualified) relative placement

WEST VIRGINIA ASS'N OF COM. HEALTH v. Sullivan

737 F. Supp. 929 · District Court, S.D. West Virginia · Mar 1, 1990

Neither does section 1008 clearly express the intent of Congress with respect to the use of funds for abortion counseling and referral. … At issue in Regan were Internal Revenue Code provisions that denied eligibility to otherwise qualified tax-exempt organizations for tax-deductible contributions for all activities if they engaged in "substantial lobbying"

Holland

District Court, S.D. West Virginia · Jul 23, 2026

Conversely, Plaintiff relies on Meadows and Wolfe in claiming that “the terms of employment establishing [his] entitlement to the vacation pay are set forth clearly and unambiguously” in the Letter … Nevertheless, Defendant contends that, rather than establishing terms of employment, the Letter “established terms of separation from employment.”

Leonard Smith v. Brooks Run South Mining, LLC

West Virginia Supreme Court · Oct 18, 2022

Smith’s 3 testimony establish that he began working for Brooks Run South Mining on April 21, 2014. On July 21, 2010, Mr. … whether it was necessary for petitioner to have previously filed for workers’ compensation for his previously diagnosed carpal tunnel syndrome for it to be determined to be an “occupational” injury and therefore potentially qualify

State v. Gilman

226 W. Va. 453 · West Virginia Supreme Court · Oct 18, 2010

Factual determinations upon which these legal conclusions are based are reviewed under the clearly erroneous standard. … Gilman graduated [from] Chapmanville High School, it is not time that this should qualify the defendant as being able to read and comprehend.”

Graham v. Dhar

District Court, S.D. West Virginia · Dec 19, 2019

Ward testified that another individual at BRMC was more qualified than him to testify as to Topic 8. As to Topic 10, plaintiff argues that Dr. … Rumley were unprepared clearly also falls within the scope of Rule 37(d)(1)(A).

Scott v. United States

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

Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins. … Plaintiff’s IIED Claim The Magistrate Judge notes that the FTCA’s waiver of sovereign immunity is subject to several requirements and limitations [Dkt.

State v. England

180 W. Va. 342 · West Virginia Supreme Court · Sep 16, 1988

It sure sounds like there was. ****** “It has been clearly proved that an armed robbery was committed at that Exxon station. … Alexander, 161 W.Va. 776, 780-81 , 245 S.E.2d 633, 637 (1978), and is as follows: "The Court instructs the jury that where the state has established a prima facie case and the defendants rely upon the defense of alibi, the

Walker v. Strosnider

67 W. Va. 39 · West Virginia Supreme Court · Feb 15, 1910

This right to immunity from injury by useless and negligent conduct seems, in many instances, to have been almost entirely overlooked. … It is established by the evidence that the caving of the soil could have been prevented by the defendant at an expense of from fifteen to twenty-five dollars.”

Gibson v. Warden

District Court, S.D. West Virginia · Mar 15, 2021

there ha[d] been a showing that [petitioner had] clearly demonstrated acceptance of responsibility.” (Tr. 56:15-22.) … Petitioner also objects to the overall conclusion that his petition does not qualify under the savings clause. See 28 U.S.C. § 2255(e).

United States v. Toledo

615 F. Supp. 2d 453 · District Court, S.D. West Virginia · May 11, 2009

His criminal prosecution is not “unanticipated and unforeseen,” and thus immune from the deterrent value of suppression. Id. … Ultimately, the court held “that the exclusionary rule does not apply to evidence to establish the defendant’s identity in a criminal prosecution.” Id.

In Re Jeffrey R.L.

190 W. Va. 24 · West Virginia Supreme Court · Jun 14, 1993

Relying upon the well-established principles stated above, we shall now review the facts before us in the present case. … We find that the circuit court clearly erred in returning Jeffrey R.L. to his mother before the perpetrator who inflicted such extensive physical abuse on tMs helpless infant has been identified.

Cooper v. Mirandy

District Court, N.D. West Virginia · Mar 12, 2018

fourth claims for relief are time barred under the Anti-Terrorism 2 and Effective Death Penalty Act of 1996 (the “AEDPA”), which establishes … “[T]he ADA prohibits a public entity from discriminating against a qualified individual with a disability on the basis of disability.” Thompson v. Davis, 295 F.3d 890, 895 (9th Cir. 2002).

Slocum v. United States

District Court, S.D. West Virginia · Aug 20, 2021

“The double jeopardy clause clearly prohibits the division of a single criminal conspiracy into multiple violations of a conspiracy statute.” United States v. … The movant’s fifteenth objection is to the magistrate judge’s finding that he qualifies as a career offender. Id.