151 W. Va. 628 - Willis v. O'BRIEN’s Empirical Analysis
1967
Citation profile
82 state decisions
How this case has been cited
Cited by 82 later decisions — most recently January 2016 · most notably 153 W. Va. 636 - State Ex Rel. West Virginia Housing Development Fund v. Copenhaver (1969), 158 W. Va. 111 - State v. Flinn (1974)
82 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 149 W. Va. 740 - State Ex Rel. Appalachian Power Co. v. Gainer · Hauk v. State · 133 W. Va. 584 - State v. Lewis · 147 W. Va. 674 - State Ex Rel. Slatton v. Boles · 140 W. Va. 585 - State v. Bragg
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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When the constitutionality of a statute is questioned every reasonable construction of the statute must be resorted to by a court in order to sustain constitutionality, and any doubt must be resolved in favor of the constitutionality of the legislative enactment.”
12 later decisions quote this exact passage“Jurisdiction is made up of two components, i.e., (a) personal jurisdiction and (b) subject-matter jurisdiction_ A court must have both personal and subject-matter jurisdiction before it may act on a criminal charge_A court acquires personal jurisdiction by the accused’s presence before the court, irrespective of the events procuring his presence.... Subject-matter jurisdiction entails the power of a court to hear a case, determine the facts, apply the law and set a penalty-Subject-matter jurisdiction cannot be conferred by agreement, consent, or waiver.... A judgment rendered by a court without jurisdiction to pronounce it is wholly void and without any force or effect whatever_ Jurisdiction may be challenged at any time during the pendency of the proceedings and for the first time on appeal.... Venue is another matter. It refers to the county in which the prosecution is to be brought.... Generally, this will be the county in which the offense is alleged to have been committed.... However, unlike jurisdiction which cannot be conferred by waiver, ... the right to venue of a prosecution in the county where the offense was committed can be waived by a defendant and the prosecution may proceed in another county_Were the rule otherwise, a change in venue would not be possible.... In summation, subject matter jurisdiction cannot be waived, but venue can be waived. ... To be sufficient, a venue allegation must appear in an indictment or information that the offense charged was commi”
1 later decision quote this exact passage“Although at times related, [venue and jurisdiction] are hardly synonymous. In the context of a criminal case, jurisdiction involves the inherent power of [a] court to decide a criminal case, whereas venue relates to the particular county or city in which a court with jurisdiction may hear and determine a case. Thus, any court authorized by the [state] Constitution, or a statute enacted pursuant thereto, to hear and determine a case involving a criminal act has jurisdiction thereof.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.