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  • Commentaries
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West Virginia Case Commentaries

Prohibition of Criminal Liability for the Murder of a Viable Unborn Child in West Virginia

Prohibition of Criminal Liability for the Murder of a Viable Unborn Child in West Virginia

Date: Jul 10, 1985
Prohibition of Criminal Liability for the Murder of a Viable Unborn Child in West Virginia Introduction In the case of STATE ex rel. Jeff ATKINSON v. Hon. Ronald E. WILSON, Judge, et al. (175 W. Va....
Right to Self-Representation in Civil Proceedings: Analysis of Myrtle Sue Blair v. Elliott E. Maynard

Right to Self-Representation in Civil Proceedings: Analysis of Myrtle Sue Blair v. Elliott E. Maynard

Date: Dec 22, 1984
Right to Self-Representation in Civil Proceedings: Analysis of Myrtle Sue Blair v. Elliott E. Maynard Introduction Myrtle Sue Blair v. Elliott E. Maynard is a landmark case adjudicated by the Supreme...
Legal Ethics in Practice: West Virginia State Bar v. Walter Lloyd Blair - Establishing Standards for Obstructing Justice and Professional Conduct

Legal Ethics in Practice: West Virginia State Bar v. Walter Lloyd Blair - Establishing Standards for Obstructing Justice and Professional Conduct

Date: Nov 14, 1984
Legal Ethics in Practice: West Virginia State Bar v. Walter Lloyd Blair - Establishing Standards for Obstructing Justice and Professional Conduct Introduction The case of Committee on Legal Ethics of...
Crump v. Beckley Newspapers, Inc.: Establishing the Necessity of Jury Deliberation on Material Facts in Defamation and Privacy Invasion Cases

Crump v. Beckley Newspapers, Inc.: Establishing the Necessity of Jury Deliberation on Material Facts in Defamation and Privacy Invasion Cases

Date: Jul 12, 1984
Crump v. Beckley Newspapers, Inc.: Establishing the Necessity of Jury Deliberation on Material Facts in Defamation and Privacy Invasion Cases Introduction The case of Sue S. Crump v. Beckley...
Double Jeopardy Implications in Incest and Sexual Assault Convictions: Analysis of STATE of West Virginia v. Mack PEYATT

Double Jeopardy Implications in Incest and Sexual Assault Convictions: Analysis of STATE of West Virginia v. Mack PEYATT

Date: Apr 12, 1984
Double Jeopardy Implications in Incest and Sexual Assault Convictions: Analysis of STATE of West Virginia v. Mack PEYATT Introduction STATE of West Virginia v. Mack PEYATT, adjudicated by the Supreme...
Restrictive Covenants and Tortious Interference: Comprehensive Analysis of Catherine I. Torbett v. Wheeling Dollar Savings Trust Company

Restrictive Covenants and Tortious Interference: Comprehensive Analysis of Catherine I. Torbett v. Wheeling Dollar Savings Trust Company

Date: Feb 18, 1984
Restrictive Covenants and Tortious Interference: Comprehensive Analysis of Catherine I. Torbett v. Wheeling Dollar Savings Trust Company Introduction The case of Catherine I. Torbett v. Wheeling...
Protecting Prosecutorial Discretion: Landmark Decision in Hamstead v. Dostert

Protecting Prosecutorial Discretion: Landmark Decision in Hamstead v. Dostert

Date: Feb 8, 1984
Protecting Prosecutorial Discretion: Landmark Decision in Hamstead v. Dostert Introduction The case of STATE ex rel. Braun A. Hamstead v. The Honorable Pierre E. Dostert was adjudicated by the...
Establishing the Two-Issue Rule in Multi-Claim Jury Verdicts: Orr v. Crowder

Establishing the Two-Issue Rule in Multi-Claim Jury Verdicts: Orr v. Crowder

Date: Feb 1, 1984
Establishing the Two-Issue Rule in Multi-Claim Jury Verdicts: Orr v. Crowder Introduction The case of E. Jean Orr v. Daniel B. Crowder, et al., decided by the Supreme Court of Appeals of West...
Volunteer Fire Departments Classified as Public Accommodations Under West Virginia Human Rights Act

Volunteer Fire Departments Classified as Public Accommodations Under West Virginia Human Rights Act

Date: Nov 11, 1983
Volunteer Fire Departments Classified as Public Accommodations Under West Virginia Human Rights Act Introduction The landmark decision in Shepherdstown Volunteer Fire Dept., a Corp. v. State of West...
Double Jeopardy Protections Reinforced in Felony-Murder Cases: STATE of West Virginia v. Da

Double Jeopardy Protections Reinforced in Felony-Murder Cases: STATE of West Virginia v. Da

Date: Jun 28, 1983
Double Jeopardy Protections Reinforced in Felony-Murder Cases: Insights from STATE of West Virginia v. Da Introduction STATE of West Virginia v. Da (172 W. Va. 295), adjudicated by the Supreme Court...
Proportionality in Sentencing: Insights from STATE of West Virginia v. William Francis COOPER

Proportionality in Sentencing: Insights from STATE of West Virginia v. William Francis COOPER

Date: Jun 23, 1983
Proportionality in Sentencing: Insights from STATE of West Virginia v. William Francis COOPER Introduction The case of STATE of West Virginia v. William Francis COOPER, adjudicated by the Supreme...
Miranda Rights and Self-Defense: The Precedent in State v. Louk

Miranda Rights and Self-Defense: The Precedent in State v. Louk

Date: Mar 26, 1983
Miranda Rights and Self-Defense: The Precedent in State v. Louk Introduction State of West Virginia v. Victoria Louk, 171 W. Va. 639 (1983), is a pivotal case adjudicated by the Supreme Court of...
Duty of Care in Employer Liability: Curtis Robertson v. Tony K. LeMaster, et al.

Duty of Care in Employer Liability: Curtis Robertson v. Tony K. LeMaster, et al.

Date: Mar 25, 1983
Duty of Care in Employer Liability: Curtis Robertson v. Tony K. LeMaster, et al. Introduction Curtis Robertson, et al. v. Tony K. LeMaster, et al., and N.W. Railway Co. is a landmark case adjudicated...
Refining the Doctrine of Collateral Estoppel: Conley v. Spillers Sets New Precedent in West Virginia

Refining the Doctrine of Collateral Estoppel: Conley v. Spillers Sets New Precedent in West Virginia

Date: Mar 16, 1983
Refining the Doctrine of Collateral Estoppel: Conley v. Spillers Sets New Precedent in West Virginia Introduction The case of Marjorie Long Conley, et al., etc. v. The Hon. George L. Spillers, Judge,...
Enforcing Mandatory Dependent Coverage in Public Employees Insurance Plans: Nelson v. West Virginia Public Employees Insurance Board

Enforcing Mandatory Dependent Coverage in Public Employees Insurance Plans: Nelson v. West Virginia Public Employees Insurance Board

Date: Jan 21, 1983
Enforcing Mandatory Dependent Coverage in Public Employees Insurance Plans: Nelson v. West Virginia Public Employees Insurance Board Introduction In the landmark case of Robert R. Nelson, et al. v....
Separation of Powers Doctrine Restricts Delegation of Contempt Powers to Administrative Agencies

Separation of Powers Doctrine Restricts Delegation of Contempt Powers to Administrative Agencies

Date: May 29, 1982
Separation of Powers Doctrine Restricts Delegation of Contempt Powers to Administrative Agencies Introduction The case of Appalachian Power Company v. Public Service Commission of West Virginia (170...
Joint Liability and Damage Assessment in Retaliatory Discharge: HARLESS v. FIRST NATIONAL BANK (1982)

Joint Liability and Damage Assessment in Retaliatory Discharge: HARLESS v. FIRST NATIONAL BANK (1982)

Date: Mar 24, 1982
Joint Liability and Damage Assessment in Retaliatory Discharge: HARLESS v. FIRST NATIONAL BANK (1982) Introduction In the landmark case of John C. HARLESS v. FIRST NATIONAL BANK in Fairmont, etc.,...
Persinger v. State: Affirming Strict Requirements for Voluntary Confessions and Miranda Waivers

Persinger v. State: Affirming Strict Requirements for Voluntary Confessions and Miranda Waivers

Date: Jan 20, 1982
Persinger v. State: Affirming Strict Requirements for Voluntary Confessions and Miranda Waivers Introduction Persinger v. State is a landmark decision by the Supreme Court of Appeals of West...
STATE OF WEST VIRGINIA v. CRAWLEY HATFIELD: Upholding First-Degree Murder Conviction and Clarifying Standards on Ineffective Assistance of Counsel

STATE OF WEST VIRGINIA v. CRAWLEY HATFIELD: Upholding First-Degree Murder Conviction and Clarifying Standards on Ineffective Assistance of Counsel

Date: Jan 2, 1982
STATE OF WEST VIRGINIA v. CRAWLEY HATFIELD: Upholding First-Degree Murder Conviction and Clarifying Standards on Ineffective Assistance of Counsel Introduction The case of State of West Virginia v....
Limiting Expert Testimony on Subjective Intent: Analysis of STATE OF WEST VIRGINIA v. DELBERT CLINTON MITTER

Limiting Expert Testimony on Subjective Intent: Analysis of STATE OF WEST VIRGINIA v. DELBERT CLINTON MITTER

Date: Dec 16, 1981
Limiting Expert Testimony on Subjective Intent: Analysis of STATE OF WEST VIRGINIA v. DELBERT CLINTON MITTER Introduction The case of STATE OF WEST VIRGINIA v. DELBERT CLINTON MITTER (168 W. Va. 531)...
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