West Virginia Case Commentaries

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

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

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

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

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

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

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.

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

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

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

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)

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

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

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

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)...

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

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

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.

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

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...