165 W. Va. 123 - State Ex Rel. Kisner v. Fox’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It has been well established that the lack of a verbatim transcript does not constitute a constitutional defect when a suitable alternative is provided .... At the same time, we sould not deprive the defendant of the opportunity to have a complete transcript if he so desires because as Justice Douglas noted, ‘Recollections and notes of trial counsel and of others are apt to be faulty and incomplete. Frequently, issues simply cannot even be seen— let alone assessed—without reading an accurate transcript.’ * * *”

   2 later decisions quote this exact passage
   e.g. 172 W. Va. 189 - State v. Neal · 128 Wis. 2d 297 - State v. Perry

2. “[t]he failure of the State to provide a transcript of a criminal .proceeding for the purpose of appeal, absent extraordinary dereliction on the part of the State, will not result in the release of the defendant; however, the defendant will have the option of appealing on the basis of a reconstructed record or of receiving a new trial.”

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

3. “An indigent criminal defendant has a right to appeal his conviction. He is also constitutionally entitled to a copy of the trial court record, including the transcript of the testimony, without cost to him. West Virginia Constitution, Article III, Sections 10 and 17.”

   1 later decision quote this exact passage
   e.g. 172 W. Va. 189 - State v. Neal