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  • Commentaries
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West Virginia Case Commentaries

STATE v. DANIEL: Reinforcing Standards for Ineffective Assistance of Counsel in West Virginia

STATE v. DANIEL: Reinforcing Standards for Ineffective Assistance of Counsel in West Virginia

Date: Nov 18, 1995
STATE v. DANIEL: Reinforcing Standards for Ineffective Assistance of Counsel in West Virginia Introduction State of West Virginia ex rel. Ronald Gene Daniel v. Carl Legursky, Warden (195 W. Va. 314)...
Continuing Violation of Gender Discrimination in Employment: Sarah Martin v. Randolph County Board of Education

Continuing Violation of Gender Discrimination in Employment: Sarah Martin v. Randolph County Board of Education

Date: Nov 18, 1995
Continuing Violation of Gender Discrimination in Employment: Sarah Martin v. Randolph County Board of Education Introduction In the landmark case of Sarah Martin v. Randolph County Board of...
Extension of Human Rights Act Protections to Supervisors: Irene Hanlon v. Terry Chambers

Extension of Human Rights Act Protections to Supervisors: Irene Hanlon v. Terry Chambers

Date: Oct 27, 1995
Extension of Human Rights Act Protections to Supervisors: Irene Hanlon v. Terry Chambers Introduction In Irene Hanlon v. Terry Chambers, the Supreme Court of Appeals of West Virginia addressed...
Clarifying Premeditation: West Virginia's New Standard in First Degree Murder Cases

Clarifying Premeditation: West Virginia's New Standard in First Degree Murder Cases

Date: Jul 20, 1995
Clarifying Premeditation: West Virginia's New Standard in First Degree Murder Cases Introduction The case of STATE of West Virginia v. Dale Edward Guthrie [194 W. Va. 657 (1995)] marks a significant...
Clarifying the Role of Expert Testimony in Outrage Torts: Insights from Connie TANNER v. Rite Aid

Clarifying the Role of Expert Testimony in Outrage Torts: Insights from Connie TANNER v. Rite Aid

Date: Jul 20, 1995
Clarifying the Role of Expert Testimony in Outrage Torts: Insights from Connie TANNER v. Rite Aid Introduction The legal landscape governing intentional infliction of emotional distress, commonly...
Attorney General's Authority under W. Va. CCPA to Pursue Excess Charge Claims against Creditors Confirmed

Attorney General's Authority under W. Va. CCPA to Pursue Excess Charge Claims against Creditors Confirmed

Date: Jul 20, 1995
Attorney General's Authority under W. Va. CCPA to Pursue Excess Charge Claims against Creditors Confirmed Introduction The case of STATE of West Virginia ex rel. Darrell V. McGraw, Jr. v. Scott...
Probable Cause and Informant Reliability: A Comprehensive Analysis of State v. Lilly (1995)

Probable Cause and Informant Reliability: A Comprehensive Analysis of State v. Lilly (1995)

Date: Jul 18, 1995
Probable Cause and Informant Reliability: A Comprehensive Analysis of State v. Lilly (1995) Introduction State of West Virginia v. Bruce Allen Lilly and Cecil Wayne Lilly, 194 W. Va. 595 (1995),...
Ensuring Due Process in Termination of Parental Rights and Adoption Proceedings: Insights from In re CHRISTINA L. and Kenneth J.L.

Ensuring Due Process in Termination of Parental Rights and Adoption Proceedings: Insights from In re CHRISTINA L. and Kenneth J.L.

Date: Jul 12, 1995
Ensuring Due Process in Termination of Parental Rights and Adoption Proceedings: Insights from In re CHRISTINA L. and Kenneth J.L. (194 W. Va. 446) Introduction The case of In re CHRISTINA L. and...
Affirmation of Attorney-Client Privilege and Work Product Doctrine in Discovery: STATE v. CANADY

Affirmation of Attorney-Client Privilege and Work Product Doctrine in Discovery: STATE v. CANADY

Date: Jul 12, 1995
Affirmation of Attorney-Client Privilege and Work Product Doctrine in Discovery: STATE v. CANADY Introduction The case of STATE of West Virginia ex rel. UNITED STATES FIDELITY AND GUARANTY COMPANY...
Establishing Biological Paternity Over Prenatal Adoption Agreements: Chrystal R.M. v. Charlie A.L. Case Commentary

Establishing Biological Paternity Over Prenatal Adoption Agreements: Chrystal R.M. v. Charlie A.L. Case Commentary

Date: Jun 22, 1995
Establishing Biological Paternity Over Prenatal Adoption Agreements: Chrystal R.M. v. Charlie A.L. Case Commentary Introduction The case of Chrystal R.M., Plaintiff Below, Appellant v. Charlie A.L.,...
Reaffirming Standards on Judicial Recusal and Preservation of Trial Errors: Tennant v. Marion Health Care Foundation

Reaffirming Standards on Judicial Recusal and Preservation of Trial Errors: Tennant v. Marion Health Care Foundation

Date: Jun 16, 1995
Reaffirming Standards on Judicial Recusal and Preservation of Trial Errors Introduction The case of Janet M. Tennant and Larry B. Tennant vs. Marion Health Care Foundation, Inc., Candace Chidester,...
Collateral Estoppel and Res Judicata in Criminal Prosecutions: Insights from State v. Susan Miller

Collateral Estoppel and Res Judicata in Criminal Prosecutions: Insights from State v. Susan Miller

Date: May 19, 1995
Collateral Estoppel and Res Judicata in Criminal Prosecutions: Insights from State v. Susan Miller Introduction State v. Susan Miller, 194 W. Va. 3 (1995), adjudicated by the Supreme Court of Appeals...
West Virginia Supreme Court Affirms Jury Verdict in Employment Discrimination Case: Barefoot v. Sundale Nursing Home

West Virginia Supreme Court Affirms Jury Verdict in Employment Discrimination Case: Barefoot v. Sundale Nursing Home

Date: Apr 14, 1995
West Virginia Supreme Court Affirms Jury Verdict in Employment Discrimination Case: Barefoot v. Sundale Nursing Home Introduction Barefoot v. Sundale Nursing Home is a pivotal case adjudicated by the...
Clarifying Miranda Rights and Spousal Privilege: A Comprehensive Analysis of State v. Bradshaw

Clarifying Miranda Rights and Spousal Privilege: A Comprehensive Analysis of State v. Bradshaw

Date: Mar 28, 1995
Clarifying Miranda Rights and Spousal Privilege: A Comprehensive Analysis of State of West Virginia v. Kimberly Don Bradshaw Introduction State of West Virginia v. Kimberly Don Bradshaw, 193 W. Va....
Maintenance of At-Will Employment Despite Handbook Disclaimers: Williams v. Precision Coil, Inc.

Maintenance of At-Will Employment Despite Handbook Disclaimers: Williams v. Precision Coil, Inc.

Date: Mar 25, 1995
Maintenance of At-Will Employment Despite Handbook Disclaimers: Williams v. Precision Coil, Inc. Introduction Mark Williams, the plaintiff and appellant, initiated legal proceedings against Precision...
Carlos James Burnside v. Jacquelyn Nagle Burnside: Presumption of Gift in Equitable Distribution

Carlos James Burnside v. Jacquelyn Nagle Burnside: Presumption of Gift in Equitable Distribution

Date: Mar 25, 1995
Presumption of Gift in Equitable Distribution: Analysis of Carlos James Burnside v. Jacquelyn Nagle Burnside Introduction The case of Carlos James Burnside v. Jacquelyn Nagle Burnside, decided by the...
Admissibility of Juvenile Confessions Without Parental Presence: Insights from STATE v. Sugg (193 W. Va. 388)

Admissibility of Juvenile Confessions Without Parental Presence: Insights from STATE v. Sugg (193 W. Va. 388)

Date: Mar 11, 1995
Admissibility of Juvenile Confessions Without Parental Presence: Insights from STATE v. Sugg (193 W. Va. 388) Introduction In STATE of West Virginia v. Marvin D. Sugg, 193 W. Va. 388 (1995), the...
Finality Rule and Rule 59(e) Motions: Precedent in James M.B. v. Carolyn M. and William M.

Finality Rule and Rule 59(e) Motions: Precedent in James M.B. v. Carolyn M. and William M.

Date: Feb 18, 1995
Finality Rule and Rule 59(e) Motions: Precedent in James M.B. v. Carolyn M. and William M. (193 W. Va. 289) Introduction James M.B. and Lawrence E.B. v. Carolyn M. and William M. is a significant...
Admission of Undisclosed Surveillance Evidence: Implications from McDougal v. McCammon

Admission of Undisclosed Surveillance Evidence: Implications from McDougal v. McCammon

Date: Feb 18, 1995
Admission of Undisclosed Surveillance Evidence: Implications from McDougal v. McCammon Introduction The case of Shelley S. McDougal and David L. McDougal v. Julie K. McCammon, M.D., adjudicated in...
Standards for Appellate Review of Trial Court’s Granting of New Trial: Analysis of In re STATE of West Virginia Public Building Asbestos Litigation

Standards for Appellate Review of Trial Court’s Granting of New Trial: Analysis of In re STATE of West Virginia Public Building Asbestos Litigation

Date: Dec 22, 1994
Standards for Appellate Review of Trial Court’s Granting of New Trial: Analysis of In re STATE of West Virginia Public Building Asbestos Litigation Introduction The case of In re STATE of West...
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