158 W. Va. 289 - State v. Kilpatrick’s Empirical Analysis
1974
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently January 2002 · most notably 170 W. Va. 662 - State v. Neider (1982), 167 W. Va. 830 - State v. Beck (1981)
34 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 State v. Jackson · 157 W. Va. 209 - State v. West · 157 W. Va. 1036 - State v. Wilson · State v. Rios · State v. Greer
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"'The true test as to whether a juror is qualified to serve on the panel is whether without bias or prejudice he can render a verdict solely on the evidence under the instructions of the court.’ Syllabus Point 1, State v. Kilpatrick, [ 158 W.Va. 289 ], 210 S.E.2d 480 (1974).””
5 later decisions quote this exact passage“'Blood is thicker than water;' and it is utterly impossible for any person to determine how far the judgment or action of a person affected by it may be swayed or controlled. It operates upon the mind and heart of the individual secretly and silently. Its operation is not disclosed by any outward manifestation other than the result. It is utterly impossible to look into a man's mind and see its operation. Its effect is not general, like many other disqualifications. It is purely personal, operating between the related parties and to the prejudice of all others. State v. Kilpatrick, 210 S.E.2d 480, 483 (1974) (quoting State v. Harris, 69 W. Va. 244, 245 , 71 S.E. 609 (1911)).”
1 later decision quote this exact passage““When a prospective juror is closely related by consanguinity to a prosecuting witness or to a witness for the prosecution, who has taken an active part in the prosecution or is particularly interested in the result, he should be excluded upon the motion of the adverse party.””
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.