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  • Commentaries
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West Virginia Case Commentaries

Permanent Termination of Parental Rights Established in In the Interest of S.C., M.C., D.C., B.C., B.C., R.C., G.C., J.A.C., A.R.C., D.E.C. (168 W. Va. 366)

Permanent Termination of Parental Rights Established in In the Interest of S.C., M.C., D.C., B.C., B.C., R.C., G.C., J.A.C., A.R.C., D.E.C. (168 W. Va. 366)

Date: Dec 4, 1981
Permanent Termination of Parental Rights Established in In the Interest of S.C., M.C., D.C., B.C., B.C., R.C., G.C., J.A.C., A.R.C., D.E.C. (168 W. Va. 366) Introduction The case In the Interest of...
Reaffirmation of High Duty of Care in Left-Turn Maneuvers and Limitations on Mitigating Damages in Wrongful Death Cases

Reaffirmation of High Duty of Care in Left-Turn Maneuvers and Limitations on Mitigating Damages in Wrongful Death Cases

Date: Nov 18, 1981
Reaffirmation of High Duty of Care in Left-Turn Maneuvers and Limitations on Mitigating Damages in Wrongful Death Cases Introduction The case of Jarves Addair, Admr., etc. v. Arnold Bryant, et al....
State of West Virginia v. Beck: Upholding Standards on Juror Bias, Indictment Language, and Recidivist Sentencing

State of West Virginia v. Beck: Upholding Standards on Juror Bias, Indictment Language, and Recidivist Sentencing

Date: Jul 18, 1981
State of West Virginia v. Beck: Upholding Standards on Juror Bias, Indictment Language, and Recidivist Sentencing Introduction In State of West Virginia v. Harry Edgar Beck, the Supreme Court of...
Implied Private Cause of Action for Unfair Insurance Practices in West Virginia: Analysis of Sharon Jenkins v. J. C. Penney Casualty Ins. Co.

Implied Private Cause of Action for Unfair Insurance Practices in West Virginia: Analysis of Sharon Jenkins v. J. C. Penney Casualty Ins. Co.

Date: Jul 15, 1981
Implied Private Cause of Action for Unfair Insurance Practices in West Virginia: Analysis of Sharon Jenkins v. J. C. Penney Casualty Ins. Co. Introduction The case of Sharon Jenkins v. J. C. Penney...
Appropriate Use of Summary Judgment in Real Estate Fraud Cases: Lengyel v. Lint

Appropriate Use of Summary Judgment in Real Estate Fraud Cases: Lengyel v. Lint

Date: Jul 1, 1981
Appropriate Use of Summary Judgment in Real Estate Fraud Cases: Lengyel v. Lint Introduction David F. Lengyel and Cheryl K. Lengyel v. Walt Lint et al. is a landmark case decided by the Supreme Court...
Losh v. McKenzie: Establishing Standards for Waiver in Post-Conviction Habeas Corpus Proceedings

Losh v. McKenzie: Establishing Standards for Waiver in Post-Conviction Habeas Corpus Proceedings

Date: May 6, 1981
Losh v. McKenzie: Establishing Standards for Waiver in Post-Conviction Habeas Corpus Proceedings Introduction The case of Russell D. Losh v. Arthur L. McKenzie, Warden West Virginia Penitentiary (166...
Proportionality in Recidivist Sentencing: George Wanstreet v. Donald E. Bordenkicher

Proportionality in Recidivist Sentencing: George Wanstreet v. Donald E. Bordenkicher

Date: Mar 11, 1981
Proportionality in Recidivist Sentencing: George Wanstreet v. Donald E. Bordenkicher Introduction George Wanstreet, the petitioner, challenged a recidivist life sentence imposed upon him following...
State v. Butcher: Establishing Competency Standards for Juvenile Witnesses in West Virginia

State v. Butcher: Establishing Competency Standards for Juvenile Witnesses in West Virginia

Date: Sep 24, 1980
State v. Butcher: Establishing Competency Standards for Juvenile Witnesses in West Virginia Introduction The case of State of West Virginia v. Lonnie Edward Butcher (165 W. Va. 522) serves as a...
Termination of Parental Rights Without Improvement Period Under West Virginia Law: In re: R.J.M. (1980)

Termination of Parental Rights Without Improvement Period Under West Virginia Law: In re: R.J.M. (1980)

Date: Mar 26, 1980
Termination of Parental Rights Without Improvement Period Under West Virginia Law: In re: R.J.M. (1980) Introduction The case In re: R.J.M., 164 W. Va. 496 (1980), adjudicated by the Supreme Court of...
Protecting Minority Shareholders from Oppressive Conduct: A Comprehensive Analysis of Masinter v. WEBCO Company

Protecting Minority Shareholders from Oppressive Conduct: A Comprehensive Analysis of Masinter v. WEBCO Company

Date: Jan 30, 1980
Protecting Minority Shareholders from Oppressive Conduct: A Comprehensive Analysis of Masinter v. WEBCO Company Introduction Edwin B. Masinter, et al. v. WEBCO Company, et al., decided on January 29,...
Affirmation of Habitual Criminal Conviction: Insights from State of West Virginia v. Roland Vance

Affirmation of Habitual Criminal Conviction: Insights from State of West Virginia v. Roland Vance

Date: Jan 23, 1980
Affirmation of Habitual Criminal Conviction: Insights from State of West Virginia v. Roland Vance Introduction State of West Virginia v. Roland Vance, 164 W. Va. 216, decided on January 22, 1980, by...
Establishing Guidelines for Writs of Prohibition: Insights from Hinkle v. Black

Establishing Guidelines for Writs of Prohibition: Insights from Hinkle v. Black

Date: Dec 19, 1979
Establishing Guidelines for Writs of Prohibition: Insights from Hinkle v. Black Introduction The case of Linda L. Hinkle, et al. v. The Hon. Donald F. Black, et al. (No. 14617), adjudicated by the...
STATE OF WEST VIRGINIA v. CALVIN O. ATKINS: Upholding Private Prosecutor Practices and Refining Harmless Error Standards

STATE OF WEST VIRGINIA v. CALVIN O. ATKINS: Upholding Private Prosecutor Practices and Refining Harmless Error Standards

Date: Jul 18, 1979
STATE OF WEST VIRGINIA v. CALVIN O. ATKINS: Upholding Private Prosecutor Practices and Refining Harmless Error Standards Introduction In State of West Virginia v. Calvin O. Atkins, the Supreme Court...
West Virginia Supreme Court Adopts Comparative Negligence in Tort Law

West Virginia Supreme Court Adopts Comparative Negligence in Tort Law

Date: Jul 11, 1979
West Virginia Supreme Court Adopts Comparative Negligence in Tort Law Introduction In the landmark cases of Brenda Sue Bradley v. Appalachian Power Company and Brady Napier v. Elk Grocery Company,...
Dean v. Black and Decker: Establishing Strict Product Liability without Privity in West Virginia

Dean v. Black and Decker: Establishing Strict Product Liability without Privity in West Virginia

Date: Apr 14, 1979
Dean v. Black and Decker: Establishing Strict Product Liability without Privity in West Virginia Introduction Dean v. Morningstar, et al., v. The Black and Decker Manufacturing Company (162 W. Va....
Affirmation of Rape Conviction Through Robust Evidentiary Standards in State of West Virginia v. Thomas R. Burton

Affirmation of Rape Conviction Through Robust Evidentiary Standards in State of West Virginia v. Thomas R. Burton

Date: Apr 11, 1979
Affirmation of Rape Conviction Through Robust Evidentiary Standards in State of West Virginia v. Thomas R. Burton Introduction State of West Virginia v. Thomas R. Burton is a pivotal case adjudicated...
Establishing the 'Thorough and Efficient Education Mandate' in West Virginia: Comprehensive Commentary on TERRY GENE PAULEY v. JOHN H. KELLY

Establishing the 'Thorough and Efficient Education Mandate' in West Virginia: Comprehensive Commentary on TERRY GENE PAULEY v. JOHN H. KELLY

Date: Feb 21, 1979
Establishing the 'Thorough and Efficient Education Mandate' in West Virginia: Comprehensive Commentary on TERRY GENE PAULEY, etc., et al. v. JOHN H. KELLY, Treasurer, State of West Virginia, et al....
Obligations Under Subdivision Protective Covenants: Insights from Nisbet v. Watson

Obligations Under Subdivision Protective Covenants: Insights from Nisbet v. Watson

Date: Jan 24, 1979
Obligations Under Subdivision Protective Covenants: Insights from Nisbet v. Watson Introduction The case of James Nisbet, et al. v. Billy Jarrell Watson, et al. and Frank Floyd, et al., decided by...
Right to Civilian Attire and Witness Presentation in Criminal Trials: Insights from STATE ex rel. McMannis v. Mohn

Right to Civilian Attire and Witness Presentation in Criminal Trials: Insights from STATE ex rel. McMannis v. Mohn

Date: Jan 2, 1979
Right to Civilian Attire and Witness Presentation in Criminal Trials: Insights from STATE ex rel. McMannis v. Mohn Introduction The case of STATE ex rel. Richard R. McMannis v. Richard Mohn, Acting...
Reintegration of the "Humane" Rule for Voluntariness of Confessions in West Virginia: Analysis of STATE OF WEST VIRGINIA v. THURMAN MATTHEW VANCE

Reintegration of the "Humane" Rule for Voluntariness of Confessions in West Virginia: Analysis of STATE OF WEST VIRGINIA v. THURMAN MATTHEW VANCE

Date: Dec 20, 1978
Reintegration of the "Humane" Rule for Voluntariness of Confessions in West Virginia Analysis of STATE OF WEST VIRGINIA v. THURMAN MATTHEW VANCE (162 W. Va. 467) Introduction STATE OF WEST VIRGINIA...
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