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8 West Virginia opinions name it 1 courts 1900–2019 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 |
|---|---|---|
State Ex Rel. Smith v. Bosworthgreen2 sentences1981Smith v. Bosworth, 145 W.Va. 753 , 117 S.E.2d 610, 618 (1960), concluded that the statutory rule to show cause supplanted the alternative writ of mandamus but performs the same functions formerly performed by the alternative writ of mandamus. 1981Smith v. Bosworth, 145 W.Va. 753 , 117 S.E.2d 610, 618 (1960), concluded that the statutory rule to show cause supplanted the alternative writ of mandamus but performs the same functions formerly performed by the alternative writ of mandamus. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State Ex Rel. Hoover v. Berger
green
1 sentence2019Discussion Based upon our review, we find that under the facts and circumstances of this case, one Berger factor is dispositive of this matter: “whether the party seeking the writ has no other adequate means . . . to obtain the desired relief.” Id. | 1 | 2019–2019 |
In Re Christina L.
green
1 sentence1997We have acknowledged a child's right to continued association with those with whom he has formed an emotional bond, In re Danielle T., 195 W.Va. 530 , 466 S.E.2d 189 (1995); In re Christina L., 194 W.Va. 446, 460 , S.E.2d 692 (1995); James M. v. Maynard, 185 W.Va. 648 , 408 S.E.2d 400 (1991); Honaker v. Burnside, 182 W.Va. 448 , 388 S.E.2d 322 (1989), and have recognized that even where there is a termination of parental rights, a child may under some circumstances still have a right to continued contact with a parent whose rights have been terminated. | 1 | 1997–1997 |
Honaker v. Burnside
green
2 sentences1997We have acknowledged a child's right to continued association with those with whom he has formed an emotional bond, In re Danielle T., 195 W.Va. 530 , 466 S.E.2d 189 (1995); In re Christina L., 194 W.Va. 446, 460 , S.E.2d 692 (1995); James M. v. Maynard, 185 W.Va. 648 , 408 S.E.2d 400 (1991); Honaker v. Burnside, 182 W.Va. 448 , 388 S.E.2d 322 (1989), and have recognized that even where there is a termination of parental rights, a child may under some circumstances still have a right to continued contact with a parent whose rights have been terminated. 1997We have acknowledged a child's right to continued association with those with whom he has formed an emotional bond, In re Danielle T., 195 W.Va. 530 , 466 S.E.2d 189 (1995); In re Christina L., 194 W.Va. 446, 460 , S.E.2d 692 (1995); James M. v. Maynard, 185 W.Va. 648 , 408 S.E.2d 400 (1991); Honaker v. Burnside, 182 W.Va. 448 , 388 S.E.2d 322 (1989), and have recognized that even where there is a termination of parental rights, a child may under some circumstances still have a right to continued contact with a parent whose rights have been terminated. | 1 | 1997–1997 |
In Re Danielle T.
green
2 sentences1997We have acknowledged a child's right to continued association with those with whom he has formed an emotional bond, In re Danielle T., 195 W.Va. 530 , 466 S.E.2d 189 (1995); In re Christina L., 194 W.Va. 446, 460 , S.E.2d 692 (1995); James M. v. Maynard, 185 W.Va. 648 , 408 S.E.2d 400 (1991); Honaker v. Burnside, 182 W.Va. 448 , 388 S.E.2d 322 (1989), and have recognized that even where there is a termination of parental rights, a child may under some circumstances still have a right to continued contact with a parent whose rights have been terminated. 1997We have acknowledged a child's right to continued association with those with whom he has formed an emotional bond, In re Danielle T., 195 W.Va. 530 , 466 S.E.2d 189 (1995); In re Christina L., 194 W.Va. 446, 460 , S.E.2d 692 (1995); James M. v. Maynard, 185 W.Va. 648 , 408 S.E.2d 400 (1991); Honaker v. Burnside, 182 W.Va. 448 , 388 S.E.2d 322 (1989), and have recognized that even where there is a termination of parental rights, a child may under some circumstances still have a right to continued contact with a parent whose rights have been terminated. | 1 | 1997–1997 |
James M. v. Maynard
green
2 sentences1997We have acknowledged a child's right to continued association with those with whom he has formed an emotional bond, In re Danielle T., 195 W.Va. 530 , 466 S.E.2d 189 (1995); In re Christina L., 194 W.Va. 446, 460 , S.E.2d 692 (1995); James M. v. Maynard, 185 W.Va. 648 , 408 S.E.2d 400 (1991); Honaker v. Burnside, 182 W.Va. 448 , 388 S.E.2d 322 (1989), and have recognized that even where there is a termination of parental rights, a child may under some circumstances still have a right to continued contact with a parent whose rights have been terminated. 1997We have acknowledged a child's right to continued association with those with whom he has formed an emotional bond, In re Danielle T., 195 W.Va. 530 , 466 S.E.2d 189 (1995); In re Christina L., 194 W.Va. 446, 460 , S.E.2d 692 (1995); James M. v. Maynard, 185 W.Va. 648 , 408 S.E.2d 400 (1991); Honaker v. Burnside, 182 W.Va. 448 , 388 S.E.2d 322 (1989), and have recognized that even where there is a termination of parental rights, a child may under some circumstances still have a right to continued contact with a parent whose rights have been terminated. | 1 | 1997–1997 |
Crain v. Bordenkircher
green
2 sentences1990The inability of the Department to comply with the Special Master’s recommendation necessitated this Court’s issuance of a rule to show cause in Crain v. Bordenkircher, 180 W.Va. 246 , 376 S.E.2d 140 (1988) (Crain II), why this Court should not place the WVP in receivership. 1990The inability of the Department to comply with the Special Master’s recommendation necessitated this Court’s issuance of a rule to show cause in Crain v. Bordenkircher, 180 W.Va. 246 , 376 S.E.2d 140 (1988) (Crain II), why this Court should not place the WVP in receivership. | 1 | 1990–1990 |
Ex Parte Kirby
neutral
2 sentences1982In Syllabus Point 3 of Hendershot v. Handlan, supra, it was held: "When an order of a court has been disobeyed and the case is urgent or the contempt flagrant, the court may issue an attachment in the first instance without the usual antecedent rule.” Syllabus Point 1, Ex parte Kirby, 100 W.Va. 70 , 130 S.E. 86 (1925). 1982In Syllabus Point 3 of Hendershot v. Handlan, supra, it was held: "When an order of a court has been disobeyed and the case is urgent or the contempt flagrant, the court may issue an attachment in the first instance without the usual antecedent rule.” Syllabus Point 1, Ex parte Kirby, 100 W.Va. 70 , 130 S.E. 86 (1925). | 1 | 1982–1982 |
Ott v. McHenry
neutral
1 sentence1934As we have recognized the authority of a judge to settle and sign bills of exceptions in a case tried by his predecessor (Ott v. McHenry, 2 W. | 1 | 1934–1934 |
State v. Irwin
green
1 sentence1900Va. 404 , ( 4 S. E. 413 ), where it is held that after a rule has been issued for contempt, “served on the defendant, and returned to the court, then the contempt proceeding should be entirely separate from the chancery suit, and placed on the docket', entitled, ‘The State of West Virginia, at the Relation of’ the party at whose instance it wTas issued against the offender, and be prosecuted on the law side of the court to judgment,” etc. This is only after the proceeding in .contempt is begun, and process issued and served. • In the case at bar the court had the whole case before it, and it w | 1 | 1900–1900 |
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.