170 W. Va. 473 - State v. Riser’s Empirical Analysis
1982
Citation profile
22
cited by 22 later decisions
2
states following
December 1996
most recently cited
22 state decisions
Relationships
Relies on Coolidge v. New Hampshire · Sedillo v. United States · Exxon Corp. v. Department of Revenue of Wisconsin · 157 W. Va. 640 - State v. Thomas · 161 W. Va. 517 - State v. Starkey
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If the clothes were seized from the car by a private citizen and handed over to the police officer, no constitutional question would arise. The Constitution does not prohibit searches and seizures by private citizens. E.g., Coolidge v. New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed.2d 564 (1971); United States v. Crabtree, 545 F.2d 884 (4th Cir.1976); Sutherland v. Kroger Company, 144 W.Va. 673 , 110 S.E.2d 716 (1959). If, however, a police officer commanded or directed a private citizen to retrieve the appellant’s clothes through coercion, domination, or the more subtle techniques of suggestion available to such officials, the Constitution would come into play. Coolidge, supra. ‘The test ... is whether in light of all the circumstances of the case, [the private citizen] must be regarded as having acted as an “instrument” or agent of the state....’ Id. 403 U.S. at 487 , 91 S.Ct. at 2049 , 29 L.Ed.2d at 595 .””
1 later decision quote this exact passage · from the majority“In a criminal case, a verdict of guilt will not be set aside on the ground that it is contrary to the evidence, where the state’s evidence is sufficient to convince impartial minds of the guilt of the defendant beyond a reasonable doubt. The evidence is to be viewed in the light most favorable to the prosecution. To warrant interference with a verdict of guilt on the ground of insufficiency of evidence, the court must be convinced that the evidence was manifestly inadequate and-that consequent injustice has been done.”
1 later decision quote this exact passage · from the majority
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.