156 W. Va. 409 - State v. McArdle’s Empirical Analysis

Citation profile

80 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘In a criminal trial, the state cannot introduce evidence, not connected with the crime for which the accused is being tried, for the purpose of showing his bad character, until the accused has first put his own character in issue by attempting to prove a previous good character.’ Point 1, Syllabus, State v. Graham, 119 W. Va. 85 , 191 S.E. 884 .” Point 5, Syllabus, State v. McArdle, 156 W. Va. 409 , 194 S.E.2d 174 (1973).”

   2 later decisions quote this exact passage
   e.g. 162 W. Va. 150 - State v. Adams · 158 W. Va. 541 - State v. Ramey

2. “"In view of the testimony adduced in this case and the theory of defense relied upon by the defendant we are unable to agree with the state's position. The defendant bases his defense on his testimony wherein he related that he sold to Trooper Wills only the stalks and parts of the marijuana plant that are not illegal under Code, 1931, 60A-1-101 (n), as amended. He should have been afforded an opportunity to have an expert of his choice conduct a thorough examination of the substance and make whatever tests said expert may have deemed necessary so that he could have offered meaningful testimony in support of his theory of the case. The only test offered by the state proving this to be marijuana does not distinguish the illegal parts of the plant from the legal. In other words, the substance offered in evidence and tested by the chemist in the Department of Public Safety was doubtless shown to be marijuana but it could very well have been the part of the plant which is not illegal under the aforesaid statute. * * *"”

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

3. “Certainly, juveniles should not be immune from appropriate disciplinary action when they violate the law, but juvenile proceedings, ostensibly under the philosophy of parens patriae, do not permit procedural arbitrariness. Under the guise of parental protection the state has, on occasion, denied the juvenile the constitutional guarantees afforded to an adult. This has taken the form of the denial of counsel and, as in this case, the denial of proper notice and a meaningful hearing, none of which should be permitted. It was held in Kent, supra, and we agree, that the waiver of juvenile jurisdiction is subject to review by an appellant court and if that court finds that the waiver was inappropriate the conviction must be vacated. 156 W.Va. at 414-415 , 914 S.E.2d at 178.”

   1 later decision quote this exact passage
   e.g. 170 W. Va. 200 - State Ex Rel. Cook v. Helms