170 W. Va. 428 - State v. Buck’s Empirical Analysis
1982
Citation profile
96 state decisions
How this case has been cited
Cited by 96 later decisions — most recently May 2017 · most notably 193 W. Va. 388 - State v. Sugg (1995), 172 W. Va. 266 - State v. Cooper (1983)
96 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 Moore v. Illinois · 168 W. Va. 306 - Addair v. Bryant · 158 W. Va. 905 - State v. Starr · 162 W. Va. 467 - State v. Vance · 160 W. Va. 694 - O'NEIL v. City of Parkersburg
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order for photographs to come within our gruesome photograph rule established in State v. Rowe, [ 163 W.Va. 593 ], 259 S.E.2d 26 (1979), there must be an initial finding that they are gruesome.””
7 later decisions quote this exact passage““ ‘Article III, Section 5 of the West Virginia Constitution, which contains the cruel and unusual punishment counterpart to the Eighth Amendment of the United States Constitution, has an express statement of the proportionality principle: “Penalties shall be proportioned to the character and degree of the offence.” ’ Syllabus Point 8, State v. Vance, 164 W.Va. 216 , 262 S.E.2d 423 (1980).” Syllabus Point 1, State v. Houston, 166 W.Va. 202 , 273 S.E.2d 375 (1980).”
2 later decisions quote this exact passage““Most courts have concluded that a photographic array will not be deemed excessively suggestive as long as it contains some photographs that are fairly representative of the defendant’s physical features. The fact that some of the photographs are dissimilar to the defendant’s appearance will not taint the entire array.””
2 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.