164 W. Va. 642 - State v. Watson’s Empirical Analysis

Citation profile

37 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'Where a counsel’s performance, attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified defense attorney would have so acted in the defense of an accused. Syllabus Point 21, State v. Thomas [157] W.Va. [640], 203 S.E.2d 445 (1974).”

   2 later decisions quote this exact passage
   e.g. State v. Haddix · 179 W. Va. 156 - Marano v. Holland

2. ““There is no precise formula guiding a determination of when the failure to raise an available defense will constitute ineffective assistance of counsel. The absence of clear standards may be unavoidable, since the strength of an available defense in each particular circumstance may vary as broadly as the factual occurrences that give rise to a criminal prosecution. Thus, a determination of ineffective assistance of counsel for failure to raise an available defense involves a case-by-case examination of the particular facts in order that the issues those facts fairly raise can be compared with the defenses actually presented by counsel. See Annot., Modern Status of Rule as to Test in Federal Court of Effective Representation by Counsel, 26 A.L.R.Fed. 218, § 10(a) (1976).””

   1 later decision quote this exact passage
   e.g. 195 W. Va. 314 - State Ex Rel. Daniel v. Legursky

3. ““[A]ll relevant facts and circumstances tending to establish any of the constituent elements of the crime of which the defendant is accused may be made to appear. Thus, evidence of other criminal acts has been held admissible by this court when they are so blended or connected with the one on trial as that proof of one incidentally involves the other; or explains the circumstances thereof; or tends logically to prove any element of the crime charged. Such evidence is admissible if it is ... so associated that proof of one tends to prove the other ....” 265 S.E.2d at 50 , quoting Kugzruk v. State, 436 P.2d 962, 967 (Alaska 1968) and United States v. Wall, 225 F.2d 905, 907 (7th Cir. 1955), cert. denied, 350 U.S. 935 , 76 S.Ct. 307 , 100 L.Ed. 816 (1956).”

   1 later decision quote this exact passage
   e.g. 165 W. Va. 741 - State v. Craft