8 West Virginia opinions name it 1 courts 1981–2018 0 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 |
|---|---|---|
Darrell Eugene Carlton, 166802 v. W. J. Estelle, Director, Texas Department of Correctionsgreen2 sentences1989Many decisions turn, not upon the labels, but upon a close analysis of the facts." Id. 280 S.E.2d at 575 (quoting Carlton v. Estelle, 480 F.2d 759, 761 (5th Cir.1973)). 1989Many decisions turn, not upon the labels, but upon a close analysis of the facts.” Id. 167 W.Va. at 563 , 280 S.E.2d at 575 (quoting Carlton v. Estelle, 480 F.2d 759, 761 (5th Cir.1973)). | 2 | 2 |
In Re K.H.green2 sentences2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 We note that West Virginia Code §§ 49-1-1 through 49-11-10 were repealed and recodified during the 2015 Regular Session of the West Virginia Legislature. 2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 We note that West Virginia Code §§ 49-1-1 through 49-11-10 were repealed and recodified during the 2015 Regular Session of the West Virginia Legislature. | 1 | 1 |
Mellon-Stuart Co. v. Hallgreen2 sentences1996As we previously stated in Mellon-Stuart Co. v. Hall, 178 W.Va. 291, 298 , 359 S.E.2d 124, 131 (1987): “[R]es judicata [or claim preclusion] serves to advance several related policy goals— (1) to promote fairness by preventing vexatious litigation; (2) to conserve judicial resources; (3) to prevent inconsistent decisions; and (4) to promote finality by bringing litigation to an end. 1996As we previously stated in Mellon-Stuart Co. v. Hall, 178 W.Va. 291, 298 , 359 S.E.2d 124, 131 (1987): “[R]es judicata [or claim preclusion] serves to advance several related policy goals— (1) to promote fairness by preventing vexatious litigation; (2) to conserve judicial resources; (3) to prevent inconsistent decisions; and (4) to promote finality by bringing litigation to an end. | 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 |
|---|---|---|
In Re Travis W.
green
2 sentences2018In that case, the circuit court held an adjudicatory hearing in which it terminated the father’s parental rights at the close of the hearing. 206 W.Va. at 481 , 525 S.E.2d at 672 . 2018In that case, the circuit court held an adjudicatory hearing in which it terminated the father’s parental rights at the close of the hearing. 206 W.Va. at 481 , 525 S.E.2d at 672 . | 2 | 2018–2018 |
State v. Edward Charles L.
green
2 sentences2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 We note that West Virginia Code §§ 49-1-1 through 49-11-10 were repealed and recodified during the 2015 Regular Session of the West Virginia Legislature. 2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 We note that West Virginia Code §§ 49-1-1 through 49-11-10 were repealed and recodified during the 2015 Regular Session of the West Virginia Legislature. | 1 | 2016–2016 |
In Re Jeffrey R.L.
green
2 sentences2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 We note that West Virginia Code §§ 49-1-1 through 49-11-10 were repealed and recodified during the 2015 Regular Session of the West Virginia Legislature. 2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 We note that West Virginia Code §§ 49-1-1 through 49-11-10 were repealed and recodified during the 2015 Regular Session of the West Virginia Legislature. | 1 | 2016–2016 |
State Ex Rel. W.Va. Department of Human Services v. Cheryl M.
green
2 sentences2016West Virginia Dep’t of Human Servs. v. Cheryl M., 177 W.Va. 688 , 689 n. 1, 356 S.E.2d 181 , 182 n. 1 (1987). 1 withdraw from representing petitioner. 2016West Virginia Dep’t of Human Servs. v. Cheryl M., 177 W.Va. 688 , 689 n. 1, 356 S.E.2d 181 , 182 n. 1 (1987). 1 withdraw from representing petitioner. | 1 | 2016–2016 |
State v. SONJA B.
green
2 sentences2010A close analysis of these personal factors is important to the circuit court’s consideration of the appropriateness of transfer in a given case because “[t]he juvenile law of this state, both statutory and that developed judicially, has been designed to rehabilitate the child.” State v. Sonja B., 183 W.Va. at 384 , 395 S.E.2d at 807 . 2010A close analysis of these personal factors is important to the circuit court’s consideration of the appropriateness of transfer in a given case because “[t]he juvenile law of this state, both statutory and that developed judicially, has been designed to rehabilitate the child.” State v. Sonja B., 183 W.Va. at 384 , 395 S.E.2d at 807 . | 1 | 2010–2010 |
Wagner v. Hedrick
green
1 sentence1989I am distressed that the majority so readily departs from this settled law. [1] In spite of the clarity of the language in Katz , the majority weakens it by stating that "[t]he labels [for exceptions to the warrant requirement] do not always fit." For this reason, decisions in warrant cases must "turn ... upon a close analysis of the facts." ___ W.Va. at ___, 383 S.E.2d at 294 . | 1 | 1989–1989 |
State v. Peacher
green
2 sentences1989Many decisions turn, not upon the labels, but upon a close analysis of the facts." Id. 280 S.E.2d at 575 (quoting Carlton v. Estelle, 480 F.2d 759, 761 (5th Cir.1973)). 1989Many decisions turn, not upon the labels, but upon a close analysis of the facts." Id. 280 S.E.2d at 575 (quoting Carlton v. Estelle, 480 F.2d 759, 761 (5th Cir.1973)). | 1 | 1989–1989 |
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.