162 W. Va. 41 - State v. Ellsworth Wayne’s Empirical Analysis
1978
Citation profile
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
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.
“[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“[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“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 passagee.g. Taylor v. Starnes
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.