165 W. Va. 588 - State v. Clawson’s Empirical Analysis
1980
Citation profile
134 state decisions
How this case has been cited
Cited by 134 later decisions — most recently September 2013 · most notably State Ex Rel. Collins v. SUPERIOR COURT, ETC. (1982), 195 W. Va. 512 - Gentry v. Mangum (1995)
134 state decisions — followed in 12 states
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 Miranda v. State of Arizona Vignera · Glasser v. United States · Johnson v. Zerbst · Escobedo v. Illinois · Jackson v. Denno
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 134 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Once a suspect in custody has expressed his clear, unequivocal desire to be represented by counsel, the police must deal with him as if he is thus represented. Thereafter, it is improper for the police to initiate any communication with the suspect other than through his legal representative, even for the limited purpose of seeking to persuade him to reconsider his decision on the presence of counsel. Id., Syllabus Point 1.”
6 later decisions quote this exact passage““Where there is a failure to hold an in camera hearing on the defendant’s incul-patory statements, we recognize under Jackson v. Denno, 378 U.S. 368 , 12 L.Ed.2d 908 , 84 S.Ct. 1774 (1964), that the case will not be reversed for a new trial on this basis alone. Instead, it will be remanded for a voluntariness hearing before the trial court. If the trial court finds the statements are voluntary the verdict will stand. If, on the other hand, he finds the statements to be involuntary, the verdict will be set aside unless the trial court determines that this constitutional error is harmless beyond a reasonable doubt.””
3 later decisions quote this exact passage“Gruesome photographs are not per se inadmissible, but they must have something more than probative value, because by the preliminary finding that they are gruesome, they are presumed to have a prejudicial and inflammatory effect on a jury against a defendant. The State must show that they are of essential evidentiary value to its case.”
3 later decisions 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.