15 West Virginia opinions name it 1 courts 1953–2023 3 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re K.H.green2 sentences2020See In re K.H., 235 W. 2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); Melinda H. v. William R. | 2 | 2 |
Hutchison v. City of Huntingtongreen2 sentences2022During the status hearing, the circuit court inquired whether Mr. Jones would like the opportunity to file any additional pleadings in this matter “as allowed under Hutchison[.]” 1 Crucial to the resolution of this appeal, Mr. Jones opted to forego 1 See Hutchison v. City of Huntington, 198 W. 2022During the status hearing, the circuit court inquired whether Mr. Jones would like the opportunity to file any additional pleadings in this matter “as allowed under Hutchison[.]” 1 Crucial to the resolution of this appeal, Mr. Jones opted to forego 1 See Hutchison v. City of Huntington, 198 W. | 1 | 1 |
Banks v. Dretkegreen2 sentences2015See Banks v. Dretke, 540 U.S. 668, 695 , 124 S.Ct. 1256 , 157 L.Ed.2d 1166 (2004) (“[W]hen the prosecution represents that all such material has been disclosed[,]” it is reasonable for defense counsel to rely, on prosecution’s representation.). 2015See Banks v. Dretke, 540 U.S. 668, 695 , 124 S.Ct. 1256 , 157 L.Ed.2d 1166 (2004) (“[W]hen the prosecution represents that all such material has been disclosed[,]” it is reasonable for defense counsel to rely, on prosecution’s representation.). | 1 | 1 |
Wellsburg Unity Apartments, Inc. v. County Commissiongreen2 sentences2004See Wellsburg, 202 W.Va. at 287-88 , 503 S.E.2d at 855-56 . [25] The status test refers to part one of the Wellsburg test and references the need for an organization to initially qualify as a 501(c)(3) or (c)(4) organization under the federal tax code. [26] Applicable in the case of independent living residents. [27] While Appellants suggest that this can be accomplished simply by interpreting existing regulations which define charity or charitable purpose in an expansive manner, we disagree. 2004See Wellsburg, 202 W.Va. at 287-88 , 503 S.E.2d at 855-56 . [25] The status test refers to part one of the Wellsburg test and references the need for an organization to initially qualify as a 501(c)(3) or (c)(4) organization under the federal tax code. [26] Applicable in the case of independent living residents. [27] While Appellants suggest that this can be accomplished simply by interpreting existing regulations which define charity or charitable purpose in an expansive manner, we disagree. | 1 | 1 |
Lawyer Disciplinary Board v. Artimezgreen2 sentences2003See Id., 208 W.Va. at 300 , 540 S.E.2d at 168 (“the trust a client places in his/her lawyer is so highly esteemed, and deemed so integral to a successful attorney-client relationship, that it has been afforded a status of privilege.”). 2003See Id., 208 W.Va. at 300 , 540 S.E.2d at 168 (“the trust a client places in his/her lawyer is so highly esteemed, and deemed so integral to a successful attorney-client relationship, that it has been afforded a status of privilege.”). | 1 | 1 |
Hadorn v. Sheagreen1 sentence1996In Hadorn , this Court said that “it is the status of the claim as a whole, at the time negotiations broke down, that determines whether an insured substantially prevails.” 193 W.Va. at 354, 456 S.E.2d at 198 (emphasis in original). | 1 | 1 |
Baskerville v. Philadelphia Newspapers, Inc.green2 sentences1983See also Baskerville v. Philadelphia Newspapers, Inc., 278 Pa.Super. 59 , 419 A.2d 1355 (1980); cf. Cyrus v. Haveson, 65 Cal.App.3d 306 , 135 Cal.Rptr. 246 (1976). 1983See also Baskerville v. Philadelphia Newspapers, Inc., 278 Pa.Super. 59 , 419 A.2d 1355 (1980); cf. Cyrus v. Haveson, 65 Cal.App.3d 306 , 135 Cal.Rptr. 246 (1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. BRANDON B.
green
2 sentences2018II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 Petitioner additionally alleges that the circuit court erred in proceeding to disposition during a hearing that was noticed only as a status hearing. 2018II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 Petitioner additionally alleges that the circuit court erred in proceeding to disposition during a hearing that was noticed only as a status hearing. | 2 | 2018–2018 |
State v. Edward Charles L.
green
2 sentences2018II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 Petitioner additionally alleges that the circuit court erred in proceeding to disposition during a hearing that was noticed only as a status hearing. 2018II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 Petitioner additionally alleges that the circuit court erred in proceeding to disposition during a hearing that was noticed only as a status hearing. | 2 | 2018–2018 |
Melinda H. v. William R., II
green
2 sentences2018II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 Petitioner additionally alleges that the circuit court erred in proceeding to disposition during a hearing that was noticed only as a status hearing. 2018II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 Petitioner additionally alleges that the circuit court erred in proceeding to disposition during a hearing that was noticed only as a status hearing. | 2 | 2018–2018 |
Shaffer v. Acme Limestone Co., Inc.
green
2 sentences2023Petitioner failed to raise post-termination visitation at the status hearing following this Court’s vacation of the September 14, 2021, dispositional order. “‘Our general rule is that nonjurisdictional questions . . . raised for the first time on appeal, will not be considered.’ Shaffer v. Acme Limestone Co., Inc., 206 W.Va. 333 , 349 n. 20, 524 S.E.2d 688 , 704 n. 20 (1999).” Noble v. W. 2023Petitioner failed to raise post-termination visitation at the status hearing following this Court’s vacation of the September 14, 2021, dispositional order. “‘Our general rule is that nonjurisdictional questions . . . raised for the first time on appeal, will not be considered.’ Shaffer v. Acme Limestone Co., Inc., 206 W.Va. 333 , 349 n. 20, 524 S.E.2d 688 , 704 n. 20 (1999).” Noble v. W. | 1 | 2023–2023 |
Noble v. West Virginia Department of Motor Vehicles
green
1 sentence2023Va. Dep’t of Motor Vehicles, 223 W. | 1 | 2023–2023 |
In Re Edward B.
green
2 sentences2021We have previously held that “[w]here it appears from the record that the process established by the Rules of Procedure for Child Abuse and Neglect Proceedings and related statutes for the disposition of cases involving children [alleged] to be abused or neglected has been substantially disregarded or frustrated, the resulting order . . . will be vacated and the case remanded for compliance with that process and entry of an appropriate . . . order.” Syllabus point 5, in part, In re Edward B., 210 W.Va. 621 , 558 S.E.2d 620 (2001). 2021We have previously held that “[w]here it appears from the record that the process established by the Rules of Procedure for Child Abuse and Neglect Proceedings and related statutes for the disposition of cases involving children [alleged] to be abused or neglected has been substantially disregarded or frustrated, the resulting order . . . will be vacated and the case remanded for compliance with that process and entry of an appropriate . . . order.” Syllabus point 5, in part, In re Edward B., 210 W.Va. 621 , 558 S.E.2d 620 (2001). | 1 | 2021–2021 |
Tennant v. Marion Health Care Foundation, Inc.
green
2 sentences2014We find this argument lacks merit because “where a circuit court’s written order conflicts with its oral statement, the written order controls.” Tennant v. Marion Health Care Foundation, Inc., 194 W.Va. 97 , 106 n. 5, 459 S.E.2d 374 , 383 n. 5 (1995).7 Third, petitioners argue that their due process rights were violated because the circuit court heard the parties’ pertinent arguments at a status hearing. 2014We find this argument lacks merit because “where a circuit court’s written order conflicts with its oral statement, the written order controls.” Tennant v. Marion Health Care Foundation, Inc., 194 W.Va. 97 , 106 n. 5, 459 S.E.2d 374 , 383 n. 5 (1995).7 Third, petitioners argue that their due process rights were violated because the circuit court heard the parties’ pertinent arguments at a status hearing. | 1 | 2014–2014 |
Thomas v. State Farm Mutual Automobile Insurance
green
2 sentences1995Co., 181 W.Va. 604 , 383 S.E.2d 786 (1989), we held that “substantially prevails” refers to the status of the claim at the time negotiations broke down. 1995Co., 181 W.Va. 604 , 383 S.E.2d 786 (1989), we held that “substantially prevails” refers to the status of the claim at the time negotiations broke down. | 1 | 1995–1995 |
Cyrus v. Haveson
green
2 sentences1983See also Baskerville v. Philadelphia Newspapers, Inc., 278 Pa.Super. 59 , 419 A.2d 1355 (1980); cf. Cyrus v. Haveson, 65 Cal.App.3d 306 , 135 Cal.Rptr. 246 (1976). 1983See also Baskerville v. Philadelphia Newspapers, Inc., 278 Pa.Super. 59 , 419 A.2d 1355 (1980); cf. Cyrus v. Haveson, 65 Cal.App.3d 306 , 135 Cal.Rptr. 246 (1976). | 1 | 1983–1983 |
Bethlehem Apparatus Co. v. H. N. Crowder, Jr., Co.
green
2 sentences1983Thus, although the appellant realized that there existed some possibility that the insurance carrier would not be responsible for its defense and that, in any event, a timely response was necessary, it failed to inquire as to the status of its claim or even to seek any assurances from the insurance carrier that it was being represented.” 242 Pa.Super. at 455 , 364 A.2d at 360 . 1983Thus, although the appellant realized that there existed some possibility that the insurance carrier would not be responsible for its defense and that, in any event, a timely response was necessary, it failed to inquire as to the status of its claim or even to seek any assurances from the insurance carrier that it was being represented.” 242 Pa.Super. at 455 , 364 A.2d at 360 . | 1 | 1983–1983 |
Thompson v. Mann
green
1 sentence1953The principles governing the disposition of the actual issue in this case are discussed and settled' in the case of Thompson v. Mann, 65 W. | 1 | 1953–1953 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.