160 W. Va. 284 - State v. Lindsey’s Empirical Analysis
1977
Citation profile
51 state decisions
How this case has been cited
Cited by 52 later decisions (1 by the Supreme Court) — most recently May 2012 · most notably California v. Ramos (1983), 37 Cal. 3d 136 - People v. Ramos (1984)
51 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 Doyle v. Ohio · 60 Cal. 2d 631 - People v. Morse · 160 W. Va. 234 - State v. Boyd · Lovely v. United States · State v. White
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is the duty of the jury to determine the guilt or innocence of the accused in accordance with the evidence introduced at the trial and it must not concern itself with matters of possible parole or probation.””
3 later decisions quote this exact passage“In a case in which a jury may return a verdict of guilty of murder in the first degree, it is the mandatory duty of the trial court, without request, to instruct the jury that to such verdict it may add a recommendation of mercy, that such recommendation would mean that the defendant could be eligible for parole consideration only after having served a minimum of ten years and that otherwise the defendant would be confined to the penitentiary for life without possibility of parole.”
2 later decisions quote this exact passage“. . . the State should studiously avoid even the slightest hint as to the defendant's failure to testify.”
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.