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← 159 WVA 596 - State v. Byers

State v. Byers’s Empirical Analysis

1976

Citation profile

68
cited by 68 later decisions
2
states following
June 2014
most recently cited

68 state decisions

How this case has been cited

Cited by 68 later decisions — most recently June 2014 · most notably 170 W. Va. 662 - State v. Neider (1982), 161 W. Va. 750 - Jordan v. Roberts (1978)

68 state decisions

38019761980199020002010decided

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 155 W. Va. 24 - State v. Plantz · Hicks v. Matthews · 156 W. Va. 578 - State v. Duvernoy · State v. Lutz · Bryant v. Commonwealth

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

  1. ““A secondary test of blood, breath, or urine shall be incidental to a lawful arrest and shall be administered at the direction of the arresting law-enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle upon the public streets or highways while under the influence of alcohol ... as prohibited by section two [§ 17C-5-2] of this article.” (Emphasis supplied)”
    4 later decisions quote this exact passage
  2. “"'The Court instructs the jury that the accused is presumed to be innocent and that such presumption goes with him through all stages of the trial until the State, upon which the burden of proof rests, has shown beyond a reasonable doubt that the defendant is guilty. A doubt engendered by sympathy or by a dislike to accept the responsibility of convicting the defendant is not a reasonable doubt. The law does not require proof amounting to absolute certainty, nor proof beyond all possibility of mistake. If, after having carefully and impartially heard and weighed all the evidence, you reach the conclusion that the defendant is guilty with such degree of certainty that you would act upon the faith of it in your own most important and critical affairs, then the evidence is sufficient to warrant a verdict of guilty.’ (emphasis added)” 159 W. Va. at 607, 224 S.E.2d at 733-34 (Emphasis in original).”
    2 later decisions quote this exact passage
  3. ““An arrest is the taking, seizing or detaining of the person of another (1) by touching or putting hands on him; (2) by any act or speech that indicates an intention to take him into custody and that subjects him to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested.””
    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.