161 W. Va. 30 - Winter Ex Rel. Winter v. MacQueen’s Empirical Analysis
1977
Citation profile
52 state decisions
How this case has been cited
Cited by 52 later decisions — most recently May 2017 · most notably 164 W. Va. 112 - Hinkle v. Black (1979), 172 W. Va. 312 - State Ex Rel. Simpkins v. Harvey (1983)
52 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 Board of Regents of State Colleges v. Roth · Morrissey v. Brewer · Gagnon v. Scarpelli · Graham v. Richardson · Escoe v. Zerbst
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.
“[w]e have consistently held that subject to certain constitutional limitations there exists in the Legislature the broad right to define crimes and their punishment. State ex rel. Cogar v. Kidd, [160] W.Va. [371], 234 S.E.2d 899 (1977); State ex rel. Heck’s v. Gates, 149 W.Va. 421 , 141 S.E.2d 369 (1965); State v. Painter, 135 W.Va. 106 , 63 S.E.2d 86 (1950).”
1 later decision quote this exact passage · from the concurrence““The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. It protects against a second prosecution for the same offense after conviction. It also prohibits multiple punishments for the same offense.””
1 later decision quote this exact passage“`[A] defendant convicted of a crime has no absolute right to probation, probation being a matter of grace only, extended by the State to a defendant convicted of a crime, in certain circumstances and on certain conditions.'”
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.