168 W. Va. 90 - State v. Carter’s Empirical Analysis
1981
Citation profile
3 federal appellate · 41 state decisions
How this case has been cited
Cited by 44 later decisions — most recently June 2014 · most notably 171 W. Va. 342 - State v. Richey (1982), Holdren v. Legursky (1994)
3 federal appellate · 41 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 United States v. Wade · Neil v. Biggers · Neal v. State of California · Moore v. Illinois · Killian v. United States
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[s]exual intercourse is defined ... as any act between unmarried persons involving: `penetration ... of the female sex organ by the male sex organ or ... contact between the sex organs of one person and the mouth or anus of another person.' The use of the word `or,' which is a conjunction, expresses the legislative intent that sexual intercourse can be committed in each of the various alternative ways, with each type of prohibited contact constituting a separate offense. From this, it is apparent that the Legislature chose to broadly define the term `sexual intercourse' so that it would cover a variety of sexual encounters.”
2 later decisions quote this exact passage““The question of the competency of a child as a witness in any case is always addressed to the sound discretion of the trial judge, and if it appears that a careful and full examination as to the age, intelligence, capacity and moral account ability has been made by the judge and counsel and the trial judge has concluded that he is competent, the appellate court will not reverse the ruling which permits the evidence to be introduced unless it is apparent that it was flagrantly wrong.””
1 later decision quote this exact passage“W.Va.Code, 61-8B-1(7), defining sexual intercourse, when read in conjunction with W.Va.Code, 61-8B-3, defining sexual assault in the first degree, indicate[ ] that an act of forcible oral intercourse and an act of forcible anal intercourse are separate and distinct offenses,”
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.