12 West Virginia opinions name it 1 courts 1994–2026 8 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 |
|---|---|---|
Committee on Legal Ethics of the West Virginia State Bar v. McCorklegreen2 sentences2026The Court has often reminded that the HPS “is in a better position than this Court to resolve the factual disputes which may arise in a case[]” because it “hears the testimony of the witnesses firsthand and, being much closer to the pulse of the hearing, is much better situated to resolve such issues as credibility.” McCorkle, 192 W. 2025Va. 27, 34 , 464 S.E.2d 181, 188 (1995) (acknowledging that the Hearing Panel “hears the testimony of the witnesses firsthand and, being much closer to the pulse of the hearing, is much better situated to resolve such issues as credibility” (quoting Comm. on Legal Ethics v. McCorkle, 192 W. | 2 | 9 |
Lawyer Disciplinary Board v. Cunninghamgreen2 sentences2025Va. 27, 34 , 464 S.E.2d 181, 188 (1995) (acknowledging that the Hearing Panel “hears the testimony of the witnesses firsthand and, being much closer to the pulse of the hearing, is much better situated to resolve such issues as credibility” (quoting Comm. on Legal Ethics v. McCorkle, 192 W. 2025Va. 27, 34 , 464 S.E.2d 181, 188 (1995) (acknowledging that the HPS “hears the testimony of the witnesses firsthand and, being much closer to the pulse of the hearing, is much better situated to resolve such issues as credibility” (quoting Comm. on Legal Ethics of the W. | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matter of Browning
green
2 sentences2024Our review of her sworn statement indicates that she was never asked whether she provided the draft objections or any information or materials to Stotler regarding the Goldston matter—nor was she asked any question reasonably designed to elicit this admission. 19 Although this Court has plenary review of judicial disciplinary matters, we have observed that “the Hearing Board is in a better position to resolve the factual disputes of a particular case[]” because its members “hear the testimony of the witnesses firsthand and are much closer to the pulse of the hearing to resolve such issues as c 2021Like any fact-finding tribunal, the Hearing Board has the benefit of first-hand observation of the litigants and as such is “much closer to the pulse of the hearing to resolve such issues as credibility and conflict of facts.” Matter of Browning, 192 W. | 2 | 2021–2024 |
Committee on Legal Ethics of West Virginia State Bar v. Hobbs
green
2 sentences1994Committee on Legal Ethics v. Hobbs, 190 W.Va. 606 , 439 S.E.2d 629 (1993). 1994Committee on Legal Ethics v. Hobbs, 190 W.Va. 606 , 439 S.E.2d 629 (1993). | 1 | 1994–1994 |