159 W. Va. 482 - Louk v. Haynes’s Empirical Analysis
1976
Citation profile
82 state decisions
How this case has been cited
Cited by 82 later decisions — most recently October 2015 · most notably 194 W. Va. 97 - Tennant v. Marion Health Care Foundation, Inc. (1995), 172 W. Va. 312 - State Ex Rel. Simpkins v. Harvey (1983)
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 Boykin v. Alabama · Morrissey v. Brewer · Gagnon v. Scarpelli · Tumey v. State of Ohio · In the Matters of Lee Roy Murchison and John Whites
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.
“"The minimum due process requirements applicable to probation and parole revocations prescribed in Gagnon v. Scarpelli, supra; Morrissey v. Brewer, [ 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972)], and Louk v. Haynes, [ 159 W.Va. 482 ], 223 S.E.2d 780 (1976), are: (a) written notice of the claimed violations ...; (b) disclosure ... of evidence against him; (c) opportunity to be heard in person and to present witnesses and documentary evidence; (d) the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a ‘neutral and detached’ hearing body ...; and (f) a written statement by the factfinders as to the evidence called on and reasons for ... [the transfer]."”
12 later decisions quote this exact passage““The preliminary hearing as defined under the Morrissey and Gagnon decisions is a hearing held at the time of arrest and detention to determine whether there is probable cause to believe that the accused has committed a violation of his probation or parole. The hearing must be held by an independent officer as promptly as convenient after arrest, while information is still fresh and sources are available. 2 Morrissey v. Brewer, supra, 408 U.S. at 485-86 , 92 S.Ct. 2593 .” 223 S.E.2d at 789 .”
3 later decisions quote this exact passage““ ‘[Wjhere a challenge to a judge’s impartiality is made for substantial reasons which indicate that the circumstances offer a possible temptation to the average man as a judge not to hold the balance nice, clear and true between the State and the accused, a judge should recuse himself.’ Syllabus Point 14, in part, Louk v. Haynes, 169 W.Va. 482 , 223 S.E.2d 780 (1976).””
2 later decisions 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.