State v. Blea’s Empirical Analysis

Citation profile

20 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We, like other jurisdictions, construe this statute to include the factual test whether, under the surrounding circumstances, the purpose of carrying the object was for use as a weapon. This does not mean that proof of intent to actually use the article to inflict bodily harm is necessary; the test is whether the purpose of carrying the item was its use as a weapon. “Factors to be considered include (1) the nature of the instrument, i.e., its size, shape, condition and possible alteration; (2) the circumstances under which it is carried, i.e., the time, place and situation in which defendant is found with it; (3) defendant’s actions vis-a-vis the item; and (4) the place of concealment.””

   2 later decisions quote this exact passage
   e.g. 178 W. Va. 607 - State v. Choat · Anderson v. State

2. “A voltage tester, or other utilitarian tool or object is not per se a weapon; it may, however, become a weapon by its actual use ... or by the purpose for which it is carried. Hence, a factual finding as to defendant’s intent or purpose in carrying the object is necessary to determine guilt or innocence of an accused charged with carrying a concealed article not expressly listed as a deadly weapon....”

   1 later decision quote this exact passage
   e.g. State v. NICK R.