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← 162 W. Va. 26 - Watson v. Whyte

162 W. Va. 26 - Watson v. Whyte’s Empirical Analysis

1978

Citation profile

29
cited by 29 later decisions
3
states following
November 2005
most recently cited

28 state decisions

How this case has been cited

Cited by 29 later decisions — most recently November 2005 · most notably 176 W. Va. 338 - Crain v. Bordenkircher (1986), 527 F. Supp. 1252 - Dawson v. Kendrick (1981)

28 state decisions

1801978198019902000decided

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 Morrissey v. Brewer · Wolff v. McDonnell · Gagnon v. Scarpelli · Meachum v. Fano · Dent v. State of West Virginia

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

  1. “"The minimum due process requirements applicable to probation and parole revocations prescribed in Gagnon v. Scarpelli, supra; Morrissey v. Brewer, [ 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972)], and Louk v. Haynes, [ 159 W.Va. 482 ], 223 S.E.2d 780 (1976), are: (a) written notice of the claimed violations ...; (b) disclosure ... of evidence against him; (c) opportunity to be heard in person and to present witnesses and documentary evidence; (d) the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a ‘neutral and detached’ hearing body ...; and (f) a written statement by the factfinders as to the evidence called on and reasons for ... [the transfer]."”
    7 later decisions quote this exact passage
  2. “Our federal and state constitutions do not give liberty to people: they protect a free people from deprivation of their God-given freedom by governments. The entitlement to liberty and freedom must follow every citizen from birth to death, however mean or degenerate he may be viewed by his government or his peers at any given time along the way. And so, the physical deprivation of his liberty must at every stage carry the burden upon the state to overcome the great presumption that he is a free man. His constitutional rights follow him into prison, or mental hospital, or military servitude, or wherever he is forced by the government to be.”
    1 later decision quote this exact passage
  3. ““If, in the opinion of the superintendent [of the Center], such male offender proves to be an unfit person to remain in such a center, he shall be returned to the court which committed him to be dealt with further according to law. In such event, the court may place him on probation or sentence him for the crime for which he has been convicted.””
    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.