162 W. Va. 150 - State v. Adams’s Empirical Analysis

Citation profile

8 state decisions

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

1. ““(1) Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor, evidence of the amount of alcohol in the person’s blood at the time of the act alleged as shown by a chemical analysis of his blood, breath, or urine is admissible. “(2) If the person under arrest refused to submit to the test as hereinabove provided, proof of refusal shall be admissible in any criminal action or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor.””

   1 later decision quote this exact passage
   e.g. State v. Jackson

2. ““We question the trustworthiness of evidence of defendant’s refusal to submit to the tests. The basic reason a prosecutor desires to introduce such evidence, and the only real relevance of such evidence, is that the refusal indicates defendant’s fear of the test results and his own knowledge that he is guilty. But where there is no explanation of defendant’s refusal offered, the evidence is untrustworthy because it does not prove that defendant was simply attempting to conceal the presence of alcohol. Defendant could have been afraid of the test itself and not the results; or he may have distrusted the procedure or the competency of the testers." (Footnotes omitted).”

   1 later decision quote this exact passage
   e.g. 177 W. Va. 400 - State v. Cozart

3. ““[T]o allow evidence of refusal to be admitted is, we believe, equivalent to allowing comment by a prosecutor about a defendant’s failure to give evidence. In State v. Boyd, [ 160 W.Va. 234 ], 233 S.E.2d 710 (1977), we held that a prosecutor may not comment upon defendant’s silence or failure to testify because the federal constitution’s Fifth Amendment, and Article III, Sections 5 and 10 of the West Virginia Constitution, thereby lose their protective qualities.” (Footnote omitted).”

   1 later decision quote this exact passage
   e.g. 177 W. Va. 400 - State v. Cozart