6 West Virginia opinions name it 1 courts 1938–2012 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 |
|---|---|---|
Equal Employment Opportunity Commission v. Arabian American Oil Co.red2 sentences1995In Equal Employment Opportunity Commission v. Arabian American Oil Co., 499 U.S. 244, 259-60 , 111 S.Ct. 1227, 1236-37 , 113 L.Ed.2d 274, 289-90 (1991), superseded by statute as stated in Landgraf v. USI Film Products,-U.S.-, 114 S.Ct. 1483 , 128 L.Ed.2d 229 (1994), Justice Scalia concurred, opining that the interpretive rule was entitled to Chevron deference and that Gilbert was "an anachronism[.]” It is clear, however, that the majority held Chevron was not applicable. 10 . 1995In Equal Employment Opportunity Commission v. Arabian American Oil Co., 499 U.S. 244, 259-60 , 111 S.Ct. 1227, 1236-37 , 113 L.Ed.2d 274, 289-90 (1991), superseded by statute as stated in Landgraf v. USI Film Products,-U.S.-, 114 S.Ct. 1483 , 128 L.Ed.2d 229 (1994), Justice Scalia concurred, opining that the interpretive rule was entitled to Chevron deference and that Gilbert was "an anachronism[.]” It is clear, however, that the majority held Chevron was not applicable. 10 . | 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 |
|---|---|---|
Crawford v. Washington
green
2 sentences2012The petitioner argues that the admission was in violation of the Confrontation Clause contained in the Sixth Amendment to the United States Constitution, as explained in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), as well as this Court’s admonitions in State v. James Edward S., 184 W.Va. 408 , 400 S.E.2d 843 (1990), overruled on other grounds by State v. Mechling, 219 W.Va. 366 , 633 S.E.2d 311 (2006). 2012The petitioner argues that the admission was in violation of the Confrontation Clause contained in the Sixth Amendment to the United States Constitution, as explained in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), as well as this Court’s admonitions in State v. James Edward S., 184 W.Va. 408 , 400 S.E.2d 843 (1990), overruled on other grounds by State v. Mechling, 219 W.Va. 366 , 633 S.E.2d 311 (2006). | 1 | 2012–2012 |
State v. James Edward S.
green
2 sentences2012The petitioner argues that the admission was in violation of the Confrontation Clause contained in the Sixth Amendment to the United States Constitution, as explained in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), as well as this Court’s admonitions in State v. James Edward S., 184 W.Va. 408 , 400 S.E.2d 843 (1990), overruled on other grounds by State v. Mechling, 219 W.Va. 366 , 633 S.E.2d 311 (2006). 2012The petitioner argues that the admission was in violation of the Confrontation Clause contained in the Sixth Amendment to the United States Constitution, as explained in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), as well as this Court’s admonitions in State v. James Edward S., 184 W.Va. 408 , 400 S.E.2d 843 (1990), overruled on other grounds by State v. Mechling, 219 W.Va. 366 , 633 S.E.2d 311 (2006). | 1 | 2012–2012 |
State v. Mechling
green
2 sentences2012The petitioner argues that the admission was in violation of the Confrontation Clause contained in the Sixth Amendment to the United States Constitution, as explained in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), as well as this Court’s admonitions in State v. James Edward S., 184 W.Va. 408 , 400 S.E.2d 843 (1990), overruled on other grounds by State v. Mechling, 219 W.Va. 366 , 633 S.E.2d 311 (2006). 2012The petitioner argues that the admission was in violation of the Confrontation Clause contained in the Sixth Amendment to the United States Constitution, as explained in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), as well as this Court’s admonitions in State v. James Edward S., 184 W.Va. 408 , 400 S.E.2d 843 (1990), overruled on other grounds by State v. Mechling, 219 W.Va. 366 , 633 S.E.2d 311 (2006). | 1 | 2012–2012 |
Landgraf v. USI Film Products
green
2 sentences1995In Equal Employment Opportunity Commission v. Arabian American Oil Co., 499 U.S. 244, 259-60 , 111 S.Ct. 1227, 1236-37 , 113 L.Ed.2d 274, 289-90 (1991), superseded by statute as stated in Landgraf v. USI Film Products,-U.S.-, 114 S.Ct. 1483 , 128 L.Ed.2d 229 (1994), Justice Scalia concurred, opining that the interpretive rule was entitled to Chevron deference and that Gilbert was "an anachronism[.]” It is clear, however, that the majority held Chevron was not applicable. 10 . 1995In Equal Employment Opportunity Commission v. Arabian American Oil Co., 499 U.S. 244, 259-60 , 111 S.Ct. 1227, 1236-37 , 113 L.Ed.2d 274, 289-90 (1991), superseded by statute as stated in Landgraf v. USI Film Products,-U.S.-, 114 S.Ct. 1483 , 128 L.Ed.2d 229 (1994), Justice Scalia concurred, opining that the interpretive rule was entitled to Chevron deference and that Gilbert was "an anachronism[.]” It is clear, however, that the majority held Chevron was not applicable. 10 . | 1 | 1995–1995 |
Nellas v. Loucas
green
2 sentences1995Under WVRCP, Rule 15, the admission of the defense of statute of limitations, when improperly pleaded, will be left to the sound discretion of the circuit court. 2 Nellas v. Loucas, 156 W.Va. 77 , 191 S.E.2d 160 (1972). 1995Under WVRCP, Rule 15, the admission of the defense of statute of limitations, when improperly pleaded, will be left to the sound discretion of the circuit court. 2 Nellas v. Loucas, 156 W.Va. 77 , 191 S.E.2d 160 (1972). | 1 | 1995–1995 |
State v. Hood
green
1 sentence1981Va. 337 , 184 S.E.2d 334 (1971) the necessary foundation which must be laid before the admission of test results is: (1) that the testing device or equipment must be in proper working order; (2) that the person giving and interpreting the test was properly qualified; (3) that the test was properly conducted; and, (4) that there was compliance with any statutory requirements. 4 The assigned errors include: failure to show chain of custody of the blood sample; failure to direct a verdict for appellant; allowing police officers to offer expert testimony about appellant’s sobriety; allowing a lay | 1 | 1981–1981 |
In Re Eary
green
2 sentences1980Va. Code, 51-l-4a, and as a consequence there were no Bar By-Law provisions covering reinstatement. 4 The Court in Daugherty analogized the right of reinstatement to the initial admission to the bar in that a disbarred attorney must “satisfy the court to whom the application is presented that he is a fit person to be intrusted with the office of attorney.” Syllabus Point 1, in part, In re Daugherty, supra. A similar situation existed in In re Eary, 134 W. 1980Va. 204 , 58 S.E.2d 647 (1950), involving an attorney disbarred by the circuit court who sought to regain admission to the bar by an application to this Court. | 1 | 1980–1980 |
Lewis v. Fisher
green
1 sentence1938We have considered the cases of Lewis v. Fisher, 114 W. | 1 | 1938–1938 |
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.