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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 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 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. Introduction The case of Sharon Jenkins v. J. C. Penney...
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 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 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 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) 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 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 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 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 Introduction In State of West Virginia v. Calvin O. Atkins, the Supreme Court...
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 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 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, etc., et al. v. JOHN H. KELLY, Treasurer, State of West Virginia, et al....
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 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 (162 W. Va. 467) Introduction STATE OF WEST VIRGINIA...