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7 West Virginia opinions name it 1 courts 1980–2024 1 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 |
|---|---|---|
| No positive-treatment citations attached to this issue in West Virginia. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mayer v. Frobe
green
2 sentences2015This Court’s guiding principles regarding punitive damages are stated as follows: Our punitive damage jurisprudence includes a two-step paradigm: first, a determination of whether the conduct of an actor toward another person entitles that person to a punitive damage award under Mayer v. Frobe, 40 W.Va. 246 , 22 S.E. 58 (1895); second, if a punitive damage award is justified, then a review is mandated to determine if the punitive damage award is excessive under Garnes v. Fleming Landfill, Inc., 186 W.Va. 656 , 413 S.E.2d 897 (1991). 2015This Court’s guiding principles regarding punitive damages are stated as follows: Our punitive damage jurisprudence includes a two-step paradigm: first, a determination of whether the conduct of an actor toward another person entitles that person to a punitive damage award under Mayer v. Frobe, 40 W.Va. 246 , 22 S.E. 58 (1895); second, if a punitive damage award is justified, then a review is mandated to determine if the punitive damage award is excessive under Garnes v. Fleming Landfill, Inc., 186 W.Va. 656 , 413 S.E.2d 897 (1991). | 2 | 2015–2015 |
Chapman v. Kane Transfer Co., Inc.
green
1 sentence2024Pt. 3, Chapman v. Kane Transfer Co., 160 W. | 1 | 2024–2024 |
State v. LaRock
green
1 sentence2020Pt. 3, State v. LaRock, 196 W. | 1 | 2020–2020 |
Garnes v. Fleming Landfill, Inc.
green
2 sentences2015This Court’s guiding principles regarding punitive damages are stated as follows: Our punitive damage jurisprudence includes a two-step paradigm: first, a determination of whether the conduct of an actor toward another person entitles that person to a punitive damage award under Mayer v. Frobe, 40 W.Va. 246 , 22 S.E. 58 (1895); second, if a punitive damage award is justified, then a review is mandated to determine if the punitive damage award is excessive under Garnes v. Fleming Landfill, Inc., 186 W.Va. 656 , 413 S.E.2d 897 (1991). 2015This Court’s guiding principles regarding punitive damages are stated as follows: Our punitive damage jurisprudence includes a two-step paradigm: first, a determination of whether the conduct of an actor toward another person entitles that person to a punitive damage award under Mayer v. Frobe, 40 W.Va. 246 , 22 S.E. 58 (1895); second, if a punitive damage award is justified, then a review is mandated to determine if the punitive damage award is excessive under Garnes v. Fleming Landfill, Inc., 186 W.Va. 656 , 413 S.E.2d 897 (1991). | 1 | 2015–2015 |
State v. Flippo
green
2 sentences2014In Angel, the circuit court had provided a jury instruction which shifted the burden of proof of an essential element of the crime to the defendant, permitting 6 Similarly, in State v. Flippo, 212 W.Va. 560 , 575 S.E.2d 170 (2002), this Court conducted an analysis to determine whether the circuit court’s error in admitting certain photographs was harmless beyond a reasonable doubt. 2014In Angel, the circuit court had provided a jury instruction which shifted the burden of proof of an essential element of the crime to the defendant, permitting 6 Similarly, in State v. Flippo, 212 W.Va. 560 , 575 S.E.2d 170 (2002), this Court conducted an analysis to determine whether the circuit court’s error in admitting certain photographs was harmless beyond a reasonable doubt. | 1 | 2014–2014 |
State v. McGinnis
green
2 sentences2010We must focus on what the facts were at the time the trial court made its decision to deny the motion to sever. 15 The trial court conducted a hearing pursuant to State v. McGinnis, 193 W.Va. 147 , 455 S.E.2d 516 (1994), to determine whether the evidence of crimes against D.M. would be admissible in a trial involving J.L. and vice versa. 16 During the McGinnis hearing, D.M. and Megan Mangino provided testimony regarding the crimes. 2010We must focus on what the facts were at the time the trial court made its decision to deny the motion to sever. 15 The trial court conducted a hearing pursuant to State v. McGinnis, 193 W.Va. 147 , 455 S.E.2d 516 (1994), to determine whether the evidence of crimes against D.M. would be admissible in a trial involving J.L. and vice versa. 16 During the McGinnis hearing, D.M. and Megan Mangino provided testimony regarding the crimes. | 1 | 2010–2010 |
Layne v. Ohio River R'd
green
1 sentence1980In Layne v. Ohio River Company, 35 W.Va. 438 , 14 S.E. 123 (1891), we held that to take advantage of a defect in the summons or return in a case it was necessary for a defendant to appear specially for the purpose of challenging the summons or return. | 1 | 1980–1980 |
Dillard v. Turner's Adm'r
neutral
1 sentence1980In Layne v. Ohio River Company, 35 W.Va. 438 , 14 S.E. 123 (1891), we held that to take advantage of a defect in the summons or return in a case it was necessary for a defendant to appear specially for the purpose of challenging the summons or return. | 1 | 1980–1980 |
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.