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← 161 W. Va. 437 - State v. McMannis

161 W. Va. 437 - State v. McMannis’s Empirical Analysis

1978

Citation profile

38
cited by 38 later decisions
2
states following
April 2019
most recently cited

38 state decisions

How this case has been cited

Cited by 38 later decisions — most recently April 2019 · most notably 164 W. Va. 216 - State v. Vance (1980), 163 W. Va. 129 - State Ex Rel. McMannis v. Mohn (1979)

38 state decisions

25019781980199020002010decided

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 135 W. Va. 90 - Dye v. Skeen · 142 W. Va. 830 - State Ex Rel. Browning v. Tucker · 138 W. Va. 409 - State Ex Rel. Medley v. Skeen · 146 W. Va. 392 - State Ex Rel. Cox v. Boles · 145 W. Va. 450 - State Ex Rel. Yokum v. Adams

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

  1. ““Where a prisoner being proceeded against under the habitual criminal statute remains silent or says he is not the same person who was previously convicted and sentenced to the penitentiary offense or offenses alleged in the information, a circuit court has no jurisdiction to impose an enhanced sentence under the statute where the State fails to prove beyond a reasonable doubt that each penitentiary offense, including the principal penitentiary offense, was committed subsequent to each preceding conviction and sentence. W. Va.Code §§ 61-11-18,19.””
    4 later decisions quote this exact passage
  2. ““The teaching of our case law is that the primary purpose of the statute is to deter felony offenders, meaning persons who have been convicted and sentenced previously on a penitentiary offense, from committing subsequent felony offenses. The statute is directed at persons who persist in criminality after having been convicted and sentenced once or twice, as the case may be, on a penitentiary offense.” (Footnote omitted).”
    4 later decisions quote this exact passage
  3. “"When any person is convicted of an offense and is subject to confinement in the penitentiary therefor, and it is determined, as provided in section nineteen [§ 61-11-19] of this article, that such person had been before convicted in the United States of a crime punishable by imprisonment in a penitentiary, the court shall, if the sentence to be imposed is for a definite term of years, add five years to the time for which the person is or would be otherwise sentenced. Whenever in such case the court imposes an indeterminate sentence, five years shall be added to the maximum term of imprisonment otherwise provided for under such sentence. "When it is determined, as provided in section nineteen hereof, that such person shall have been twice before convicted in the United States of a crime punishable by confinement in a penitentiary, the person shall be sentenced to be confined in the penitentiary for life.””
    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.