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  • Commentaries
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West Virginia Case Commentaries

West Virginia Supreme Court Clarifies Voluntariness of Confessions Requires Police Involvement

West Virginia Supreme Court Clarifies Voluntariness of Confessions Requires Police Involvement

Date: Dec 16, 1994
West Virginia Supreme Court Clarifies Voluntariness of Confessions Requires Police Involvement Introduction In the landmark case of State of West Virginia v. Helen Jean Honaker (193 W. Va. 51, 1994),...
Establishing Limits on Rule 404(b) Evidence: The STATE v. McGinnis Ruling

Establishing Limits on Rule 404(b) Evidence: The STATE v. McGinnis Ruling

Date: Dec 9, 1994
Establishing Limits on Rule 404(b) Evidence: The STATE of West Virginia v. McGinnis Ruling Introduction In the landmark case of STATE of West Virginia v. Lyle B. McGinnis, Jr., the Supreme Court of...
Establishing Reasonable Suspicion Through Corroborated Anonymous Tips: A New Standard in West Virginia

Establishing Reasonable Suspicion Through Corroborated Anonymous Tips: A New Standard in West Virginia

Date: Dec 9, 1994
Establishing Reasonable Suspicion Through Corroborated Anonymous Tips: A New Standard in West Virginia Introduction In State of West Virginia v. Gail B. Stuart, Jr. (192 W. Va. 428, 1994), the...
Affirmation of Accord and Satisfaction in Settlement Disputes: Painter v. Peavy

Affirmation of Accord and Satisfaction in Settlement Disputes: Painter v. Peavy

Date: Nov 19, 1994
Affirmation of Accord and Satisfaction in Settlement Disputes: Painter v. Peavy Introduction In Annette J. Painter, Plaintiff Below, Appellant, v. Patrick Devolta Peavy, Defendant Below, Appellee,...
Enhanced Standards for Judicial Review in Attorney Disciplinary Actions: McCorkle v. West Virginia State Bar

Enhanced Standards for Judicial Review in Attorney Disciplinary Actions: McCorkle v. West Virginia State Bar

Date: Nov 19, 1994
Enhanced Standards for Judicial Review in Attorney Disciplinary Actions: McCorkle v. West Virginia State Bar Introduction The case of The COMMITTEE ON LEGAL ETHICS of the West Virginia State Bar v....
State v. Derr: West Virginia Supreme Court Establishes Admissibility of "Gruesome" Photographs Under Rules 401-403, Overruling Rowe Precedent

State v. Derr: West Virginia Supreme Court Establishes Admissibility of "Gruesome" Photographs Under Rules 401-403, Overruling Rowe Precedent

Date: Nov 19, 1994
State v. Derr: West Virginia Supreme Court Establishes Admissibility of "Gruesome" Photographs Under Rules 401-403, Overruling Rowe Precedent Introduction State of West Virginia v. Thomas Russell...
West Virginia Supreme Court Permits Joinder of Insurers in Personal Injury Suits with Bifurcation and Discovery Restrictions

West Virginia Supreme Court Permits Joinder of Insurers in Personal Injury Suits with Bifurcation and Discovery Restrictions

Date: Oct 29, 1994
West Virginia Supreme Court Permits Joinder of Insurers in Personal Injury Suits with Bifurcation and Discovery Restrictions Introduction The case of STATE ex rel. STATE FARM FIRE CASUALTY COMPANY...
West Virginia Supreme Court Revises Statute of Limitations for Minors in Tort Actions Against Political Subdivisions

West Virginia Supreme Court Revises Statute of Limitations for Minors in Tort Actions Against Political Subdivisions

Date: Nov 24, 1993
West Virginia Supreme Court Revises Statute of Limitations for Minors in Tort Actions Against Political Subdivisions Introduction In the landmark case of Shelley D. Whitlow v. The Board of Education...
Termination of Parental Rights in Child Abuse Cases: In re JEFFREY R.L., Juvenile

Termination of Parental Rights in Child Abuse Cases: In re JEFFREY R.L., Juvenile

Date: Jun 15, 1993
Termination of Parental Rights in Child Abuse Cases: In re JEFFREY R.L., Juvenile Introduction In re JEFFREY R.L., Juvenile is a landmark decision by the Supreme Court of Appeals of West Virginia,...
Enforcing the One-Object Rule: Prohibition of Omnibus Bills for Legislative Rules in Kincaid and Bolen v. Mangum et al

Enforcing the One-Object Rule: Prohibition of Omnibus Bills for Legislative Rules in Kincaid and Bolen v. Mangum et al

Date: Jun 11, 1993
Enforcing the One-Object Rule: Prohibition of Omnibus Bills for Legislative Rules in Kincaid and Bolen v. Mangum et al 1. Introduction Kincaid and Bolen v. Mangum et al is a landmark case decided by...
Best Interests of the Child: Supreme Court of Appeals of West Virginia’s Decision in STATE of West Virginia ex rel. Treadway v. McCoy et al.

Best Interests of the Child: Supreme Court of Appeals of West Virginia’s Decision in STATE of West Virginia ex rel. Treadway v. McCoy et al.

Date: Apr 9, 1993
Best Interests of the Child: Supreme Court of Appeals of West Virginia’s Decision in STATE of West Virginia ex rel. Treadway v. McCoy et al. Introduction The case STATE of West Virginia ex rel. Gail...
Establishing Qualified Immunity for State Executive Officials in Investment Loss Cases

Establishing Qualified Immunity for State Executive Officials in Investment Loss Cases

Date: Nov 26, 1992
Establishing Qualified Immunity for State Executive Officials in Investment Loss Cases Introduction The case of State of West Virginia v. Chase Securities, Inc. adjudicated by the Supreme Court of...
Establishing Standards for Sufficiency of Evidence and Jury Procedures in First Degree Murder Cases: State v. Triplett

Establishing Standards for Sufficiency of Evidence and Jury Procedures in First Degree Murder Cases: State v. Triplett

Date: Jul 24, 1992
Establishing Standards for Sufficiency of Evidence and Jury Procedures in First Degree Murder Cases: State v. Triplett Introduction State of West Virginia v. Donald Wayne Triplett is a pivotal case...
Duty of Care Extends Beyond Leased Premises: Marthella Andrick v. Town of Buckhannon

Duty of Care Extends Beyond Leased Premises: Marthella Andrick v. Town of Buckhannon

Date: Jul 21, 1992
Duty of Care Extends Beyond Leased Premises: Marthella Andrick v. Town of Buckhannon Introduction In the case of Marthella Andrick and Joseph R. Andrick, Plaintiffs Below, Appellants, v. The Town of...
Establishing Slander of Title and Punitive Damages in TXO Production Corp. v. Alliance Resources Corp.

Establishing Slander of Title and Punitive Damages in TXO Production Corp. v. Alliance Resources Corp.

Date: May 15, 1992
Establishing Slander of Title and Punitive Damages in TXO Production Corp. v. Alliance Resources Corp. Introduction The case of TXO Production Corp., a Delaware corporation licensed to do business in...
State of West Virginia v. Denzil Delaney: Upholding Judicial Standards in Child Sexual Assault Cases

State of West Virginia v. Denzil Delaney: Upholding Judicial Standards in Child Sexual Assault Cases

Date: Apr 17, 1992
State of West Virginia v. Denzil Delaney: Upholding Judicial Standards in Child Sexual Assault Cases Introduction The case of State of West Virginia vs. Denzil Delaney (187 W. Va. 212) represents a...
Intentional Infliction of Emotional Distress: Frances Courtney v. Courtney Establishes Expanded Liability for Parental Conduct

Intentional Infliction of Emotional Distress: Frances Courtney v. Courtney Establishes Expanded Liability for Parental Conduct

Date: Dec 20, 1991
Intentional Infliction of Emotional Distress: Frances Courtney v. Courtney Establishes Expanded Liability for Parental Conduct Introduction In the landmark case of Frances Courtney v. Courtney, heard...
Setting New Standards for Punitive Damages: Garnes v. Fleming Landfill Establishes Due Process Constraints in West Virginia

Setting New Standards for Punitive Damages: Garnes v. Fleming Landfill Establishes Due Process Constraints in West Virginia

Date: Dec 6, 1991
Setting New Standards for Punitive Damages: Garnes v. Fleming Landfill Establishes Due Process Constraints in West Virginia Introduction In the landmark case Julian Garnes and Sharon Garnes v....
Insurer’s Bad Faith in Appraisal Proceedings: Comprehensive Analysis of Smithson Bros. v. USF G

Insurer’s Bad Faith in Appraisal Proceedings: Comprehensive Analysis of Smithson Bros. v. USF G

Date: Nov 23, 1991
Insurer’s Bad Faith in Appraisal Proceedings: Comprehensive Analysis of Smithson Bros. Well Ser v. USF G Introduction Carl W. Smithson, Sr., doing business as Smithson Bros. Well Service Company...
Compelling Grounds for Denial of Improvement Period in Parental Rights Termination: Analysis of JAMES M. et al. v. MAYNARD

Compelling Grounds for Denial of Improvement Period in Parental Rights Termination: Analysis of JAMES M. et al. v. MAYNARD

Date: Jul 30, 1991
Compelling Grounds for Denial of Improvement Period in Parental Rights Termination: Analysis of JAMES M. et al. v. MAYNARD Introduction The case of JAMES M., Timothy M., Ike S.M., and Brandon C.M.,...
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