14 West Virginia opinions name it 1 courts 1998–2024 2 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 |
|---|---|---|
Uinta County v. Penningtongreen2 sentences2024Dist., 97 Ohio App.3d 11 , 646 N.E.2d 187 (1994) (school board is immune from negligent hiring and supervision claims); Dovalina v. Nuno, 48 S.W.3d 279, 282 (Tex.App.2001) (hiring, training, and supervision discretionary acts); Uinta Cnty. v. Pennington, 286 P.3d 138, 145 (Wyo.2012) (“hiring, training, and supervision of employees involve the policy judgments protected by the discretionary requirement”).[25] 25 A.B., 234 W. 2015Dist., 97 Ohio App.3d 11 , 646 N.E.2d 187 (1994) (school board is immune from negligent hiring and supervision claims); Dovalina v. Nuno, 48 S.W.3d 279, 282 (Tex. App. 2001) (hiring, training, and supervision discretionary acts); Uinta Cnty. v. Pennington, 286 P.3d 138, 145 (Wyo. 2012) (“hiring, training, and supervision of employees involve the policy judgments protected by the discretionary requirement”). __ W.Va. at __, 766 S.E.2d at 773 . | 4 | 4 |
Dovalina v. Nunogreen2 sentences2024Dist., 97 Ohio App.3d 11 , 646 N.E.2d 187 (1994) (school board is immune from negligent hiring and supervision claims); Dovalina v. Nuno, 48 S.W.3d 279, 282 (Tex.App.2001) (hiring, training, and supervision discretionary acts); Uinta Cnty. v. Pennington, 286 P.3d 138, 145 (Wyo.2012) (“hiring, training, and supervision of employees involve the policy judgments protected by the discretionary requirement”).[25] 25 A.B., 234 W. 2015Dist., 97 Ohio App.3d 11 , 646 N.E.2d 187 (1994) (school board is immune from negligent hiring and supervision claims); Dovalina v. Nuno, 48 S.W.3d 279, 282 (Tex. App. 2001) (hiring, training, and supervision discretionary acts); Uinta Cnty. v. Pennington, 286 P.3d 138, 145 (Wyo. 2012) (“hiring, training, and supervision of employees involve the policy judgments protected by the discretionary requirement”). __ W.Va. at __, 766 S.E.2d at 773 . | 4 | 4 |
Town of Weston v. Ralstongreen2 sentences2014Our decision to abandon McCraine demonstrates what Justice Brannon once said: “No legal principle is ever settled until it is settled right.” Town of Weston v. Ralston, 48 W.Va. 170, 180 , 36 S.E. 446, 450 (1900). 2014Our decision to abandon McCraine demonstrates what Justice Brannon once said: “No legal principle is ever settled until it is settled right.” Town of Weston v. Ralston, 48 W.Va. 170, 180 , 36 S.E. 446, 450 (1900). | 2 | 2 |
Estate of Jones Ex Rel. Jones v. City of Martinsburggreen1 sentence2020Va., 655 F. App’x 948, 949 (4th Cir. 2016). 6 On remand, the District Court entered an order dated December 2, 2016, that denied the Estate’s request to withdraw its admissions and held that its prior order granting summary judgment remained in full force and effect. | 1 | 1 |
State v. Kaufmangreen1 sentence2020See State v. Kaufman, 227 W. | 1 | 1 |
State Ex Rel. Michael A.P. v. Millergreen2 sentences2016This discretionary standard “arises from a trial court’s duty to assure that criminal defendants receive fair trials, which must be balanced with a defendant’s right to counsel of his or her own choice.” Miller, 207 W.Va. at 120 , 529 S.E.2d at 360 (internal citations omitted). 2016This discretionary standard “arises from a trial court’s duty to assure that criminal defendants receive fair trials, which must be balanced with a defendant’s right to counsel of his or her own choice.” Miller, 207 W.Va. at 120 , 529 S.E.2d at 360 (internal citations omitted). | 1 | 1 |
cluster 765366green1 sentence2016The basis of this duty is the court’s “institutional interest in protecting the truth-seeking function of-the proceedings over which it is presiding by considering whether the defendant has effective assistance of counsel, regardless of any proffered waiver.” Id. (citing United States v. Stewart, 185 F.3d 112, 122 (3d Cir.1999)). . | 1 | 1 |
Sydnes v. United Statesgreen1 sentence2014See Doe v. Holy See, 557 F.3d 1066, 1084 (9th Cir. 2009); Sydnes v. United States, 523 F.3d 1179, 1186 (10th Cir. 2008); Bolduc v. United States, 402 F.3d 50, 61 (1st Cir. 2005); Vickers v. United States, 228 F.3d 944, 950 (9th Cir. 2000); Nurse v. United States, 226 F.3d 996 (9th Cir. 2000); Burkhart v. Wash. Metro. | 1 | 1 |
Bolduc v. United Statesgreen1 sentence2014See Doe v. Holy See, 557 F.3d 1066, 1084 (9th Cir. 2009); Sydnes v. United States, 523 F.3d 1179, 1186 (10th Cir. 2008); Bolduc v. United States, 402 F.3d 50, 61 (1st Cir. 2005); Vickers v. United States, 228 F.3d 944, 950 (9th Cir. 2000); Nurse v. United States, 226 F.3d 996 (9th Cir. 2000); Burkhart v. Wash. Metro. | 1 | 1 |
Miriam L. Vickers v. United States of America United States Department of Justice Immigration Andnaturalization Servicegreen1 sentence2014See Doe v. Holy See, 557 F.3d 1066, 1084 (9th Cir. 2009); Sydnes v. United States, 523 F.3d 1179, 1186 (10th Cir. 2008); Bolduc v. United States, 402 F.3d 50, 61 (1st Cir. 2005); Vickers v. United States, 228 F.3d 944, 950 (9th Cir. 2000); Nurse v. United States, 226 F.3d 996 (9th Cir. 2000); Burkhart v. Wash. Metro. | 1 | 1 |
Doe v. Seegreen1 sentence2014See Doe v. Holy See, 557 F.3d 1066, 1084 (9th Cir. 2009); Sydnes v. United States, 523 F.3d 1179, 1186 (10th Cir. 2008); Bolduc v. United States, 402 F.3d 50, 61 (1st Cir. 2005); Vickers v. United States, 228 F.3d 944, 950 (9th Cir. 2000); Nurse v. United States, 226 F.3d 996 (9th Cir. 2000); Burkhart v. Wash. Metro. | 1 | 1 |
State v. Millergreen2 sentences1998Inasmuch as these alleged errors were not properly preserved for direct appellate review, or (in the case of the error asserted by the amici alone), asserted by the appellant on appeal, we may consider them only pursuant to the discretionary doctrine of "plain error." State v. Miller, 197 W.Va. 588, 597 , 476 S.E.2d 535, 544 (1996), which we decline to invoke in the instant case. [1] The issue of the sufficiency of the evidence, to me, is a very close one, especially as to the "shared intent" and "abandonment" issues. 1998Inasmuch as these alleged errors were not properly preserved for direct appellate review, or (in the case of the error asserted by the amici alone), asserted by the appellant on appeal, we may consider them only pursuant to the discretionary doctrine of "plain error." State v. Miller, 197 W.Va. 588, 597 , 476 S.E.2d 535, 544 (1996), which we decline to invoke in the instant case. [1] The issue of the sufficiency of the evidence, to me, is a very close one, especially as to the "shared intent" and "abandonment" issues. | 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 |
|---|---|---|
Doe v. Jefferson Area Local School District
green
2 sentences2024Dist., 97 Ohio App.3d 11 , 646 N.E.2d 187 (1994) (school board is immune from negligent hiring and supervision claims); Dovalina v. Nuno, 48 S.W.3d 279, 282 (Tex.App.2001) (hiring, training, and supervision discretionary acts); Uinta Cnty. v. Pennington, 286 P.3d 138, 145 (Wyo.2012) (“hiring, training, and supervision of employees involve the policy judgments protected by the discretionary requirement”).[25] 25 A.B., 234 W. 2024Dist., 97 Ohio App.3d 11 , 646 N.E.2d 187 (1994) (school board is immune from negligent hiring and supervision claims); Dovalina v. Nuno, 48 S.W.3d 279, 282 (Tex.App.2001) (hiring, training, and supervision discretionary acts); Uinta Cnty. v. Pennington, 286 P.3d 138, 145 (Wyo.2012) (“hiring, training, and supervision of employees involve the policy judgments protected by the discretionary requirement”).[25] 25 A.B., 234 W. | 3 | 2014–2024 |
West Virginia Regional Jail & Correctional Facility Authority v. A.B.
green
2 sentences2024Dist., 97 Ohio App.3d 11 , 646 N.E.2d 187 (1994) (school board is immune from negligent hiring and supervision claims); Dovalina v. Nuno, 48 S.W.3d 279, 282 (Tex.App.2001) (hiring, training, and supervision discretionary acts); Uinta Cnty. v. Pennington, 286 P.3d 138, 145 (Wyo.2012) (“hiring, training, and supervision of employees involve the policy judgments protected by the discretionary requirement”).[25] 25 A.B., 234 W. 2015Dist., 97 Ohio App.3d 11 , 646 N.E.2d 187 (1994) (school board is immune from negligent hiring and supervision claims); Dovalina v. Nuno, 48 S.W.3d 279, 282 (Tex. App. 2001) (hiring, training, and supervision discretionary acts); Uinta Cnty. v. Pennington, 286 P.3d 138, 145 (Wyo. 2012) (“hiring, training, and supervision of employees involve the policy judgments protected by the discretionary requirement”). __ W.Va. at __, 766 S.E.2d at 773 . | 2 | 2015–2024 |
State v. Nichols
green
2 sentences2014We believe that the per se rule of McCraine should be abandoned and that our procedure should mirror the discretionary analysis posited in Syllabus Point 4 of State v. Nichols, 208 W.Va. 432 , 541 S.E.2d 310 (1999). 2014We believe that the per se rule of McCraine should be abandoned and that our procedure should mirror the discretionary analysis posited in Syllabus Point 4 of State v. Nichols, 208 W.Va. 432 , 541 S.E.2d 310 (1999). | 2 | 2014–2014 |
W. Va. Board of Education and L. Wade Linger, Jr. v. Jorea M. Marple
green
1 sentence2024Va. at 514 , 766 S.E.2d at 773 . 13 We have found hiring to be a discretionary, governmental function, too.26 Here, A.R. alleges that the Department failed to hire, train, and supervise Kinser and others, properly—alleged omissions that, in accord with A.B., “fall within the category of discretionary functions.” 27 So, we proceed to step (5) of the qualified immunity analysis: whether the amended complaint contains allegations that the Department hired, trained, or supervised in such a way as to violate A.R.’s “clearly established statutory or constitutional rights or laws of which a reasonabl | 1 | 2024–2024 |
State Ex Rel. Donley v. Baker
neutral
1 sentence2021Syl. pt. 4, State v. Baker, 112 W. | 1 | 2021–2021 |
Katusha Nurse v. United States
green
1 sentence2014See Doe v. Holy See, 557 F.3d 1066, 1084 (9th Cir. 2009); Sydnes v. United States, 523 F.3d 1179, 1186 (10th Cir. 2008); Bolduc v. United States, 402 F.3d 50, 61 (1st Cir. 2005); Vickers v. United States, 228 F.3d 944, 950 (9th Cir. 2000); Nurse v. United States, 226 F.3d 996 (9th Cir. 2000); Burkhart v. Wash. Metro. | 1 | 2014–2014 |
Jividen v. Law
green
2 sentences2007The majority opinion implies that an officer has discretion in finding an ABCC violation when stating that "a jury could find that Officer Barnes had improper motives underlying his decision to arrive at Colie's Club at approximately the time it should have been vacated and in writing a citation to Mr. Kelley." See Majority opinion, id. 2007The majority opinion implies that an officer has discretion in finding an ABCC violation when stating that “a jury could find that Officer Barnes had improper motives underlying his decision to arrive at Colie’s Club at approximately the time it should have been vacated and in writing a citation to Mr. Kelley.” See Majority opinion, id. | 1 | 2007–2007 |
State v. Lightner
green
2 sentences2002We specifically rejected a per se rule, one that would require automatic reversal, and adopted a discretionary rule for the following reason: "Each case must be decided *306 on its own unique set of facts." 205 W.Va. at 660 , 520 S.E.2d at 657 . 2002We specifically rejected a per se rule, one that would require automatic reversal, and adopted a discretionary rule for the following reason: "Each case must be decided *306 on its own unique set of facts." 205 W.Va. at 660 , 520 S.E.2d at 657 . | 1 | 2002–2002 |
State Ex Rel. Owens v. Brown
green
2 sentences2000Owens v. Brown, 177 W.Va. 225 , 351 S.E.2d 412 (1986), 8 which must be balanced with a defendant’s right to counsel of his or her own choice. 2000Owens v. Brown, 177 W.Va. 225 , 351 S.E.2d 412 (1986), 8 which must be balanced with a defendant’s right to counsel of his or her own choice. | 1 | 2000–2000 |
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.