169 W. Va. 150 - State v. Harris’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) a showing that the recording device was capable of taking testimony; (2) a showing that the operator of the device was competent; (3) an establishment of the authenticity and correctness of the recording; (4) a showing that changes, additions or deletions have not been made; (5) a showing of the manner of the preservation of the recording; (6) an identification of the speakers; and (7) a showing that the testimony was voluntarily made without any kind of inducement.”

   3 later decisions quote this exact passage
   e.g. 176 W. Va. 1 - State v. Bennett · 182 W. Va. 166 - State v. Garrett

2. “`[w]ith regard to evidence bearing on any material issue, including the credibility of witnesses, the trial judge should not intimate any opinion, as these matters are within the exclusive province of the jury.' Syllabus Point 4, in part, State v. Burton, 163 W.Va. 40 , 254 S.E.2d 129 (1979).”

   1 later decision quote this exact passage
   e.g. 212 W. Va. 57 - State v. Leep