170 W. Va. 217 - State v. Cheshire’s Empirical Analysis
1982
Citation profile
19 state decisions
How this case has been cited
Cited by 21 later decisions — most recently July 2012
19 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 Dusky v. United States · Pate v. Robinson · Drope v. Missouri · Sieling v. Eyman · 165 W. Va. 572 - State v. Demastus
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Whenever a court of record ... believes that a defendant in a felony case ... in which an indictment has been returned, ... may be incompetent to stand trial or is not criminally responsible by reason of mental illness, ... it may at any stage of the proceedings after the return of an indictment or the issuance of a warrant or summons against the defendant, order an examination of such defendant to be conducted by one or more psychiatrists, or a psychiatrist and a psychologist[.] W. Va. Code, 27-6A-2 [1979] provides, in part: (a) At a hearing to determine a defendant’s competency to stand trial, the defendant shall be present and he shall have the right to be presented by counsel and introduce evidence and cross-examine witnesses. The defendant shall be afforded timely and adequate notice of the issues of the hearing and shall have access to a summary of the medical evidence to be presented by the state. The defendant shall have the right to an examination by an independent expert of his choice and testimony from such expert as a medical witness on his behalf. All rights generally afforded a defendant in criminal proceedings shall be afforded to a defendant in such competency proceedings. (b) At the termination of such hearing the court of record shall make a finding of fact upon a preponderance of the evidence as to the individual’s competency to stand trial based on whether or not the individual is capable of participating substantially in his defense and understanding ”
2 later decisions quote this exact passage“It is a fundamental guaranty of due process that a defendant cannot be tried or convicted for a crime while he or she is mentally incompetent. State v. Cheshire, 170 W.Va. 217, 219 , 292 S.E.2d 628, 630 (1982).”
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.