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← 162 W. Va. 41 - State v. Ellsworth Wayne

162 W. Va. 41 - State v. Ellsworth Wayne’s Empirical Analysis

1978

Citation profile

62
cited by 62 later decisions
1
cited 1 times by the Supreme Court
2
states following
July 2010
most recently cited

2 federal appellate · 59 state decisions

How this case has been cited

Cited by 62 later decisions (1 by the Supreme Court) — most recently July 2010 · most notably Beck v. Alabama (1980), 173 W. Va. 43 - State v. Kopa (1983)

2 federal appellate · 59 state decisions

41019781980199020002010decided

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 157 W. Va. 640 - State v. Thomas · 137 W. Va. 1 - State v. Blankenship · 159 W. Va. 191 - Call v. McKenzie · 156 W. Va. 707 - Woodall v. Laurita · Painter v. Commonwealth

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

  1. “[s]pecific performance of a plea bargain is an available remedy only when the party seeking it demonstrates that he has relied on the agreement to his detriment and cannot be restored to the position he held before the agreement.”
    2 later decisions quote this exact passage
  2. “[T]he State's sole theory was a murder during an attempted robbery, which is first degree murder pursuant to W.Va.Code, 61-2-1 [1923]; and, the defense maintained the defendant did not kill Arthur Felder under any circumstances. Therefore, since the evidence only indicated first degree murder or complete innocence, the refusal of an instruction on lesser offenses was proper.”
    1 later decision quote this exact passage
  3. “While it is reversible error for a trial court to refuse to instruct a jury on lesser offenses charged in the indictment if there is any evidence in the record to prove such lesser offenses .. ., when the evidence, if believed, supports only first degree murder, an instruction omitting all lesser offenses not in any way supported by the evidence is not error.”
    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.