170 W. Va. 662 - State v. Neider’s Empirical Analysis
1982
Citation profile
4 federal appellate · 135 state decisions
How this case has been cited
Cited by 139 later decisions — most recently November 2018 · most notably 173 W. Va. 317 - State v. Peyatt (1983), 177 W. Va. 264 - State v. Humphrey (1986)
4 federal appellate · 135 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 Murphy v. Florida · Sansone v. United States · State v. Roseman · 167 W. Va. 830 - State v. Beck · 53 Wis. 2d 751 - Champlain v. State
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 139 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The test of determining whether a particular offense is a lesser included offense is that the lesser offense must be such that it is impossible to commit the greater offense without first having committed the lesser offense. An offense is not a lesser included offense if it requires the inclusion of an element not required in the greater offense.”
13 later decisions quote this exact passage““Where there is no evidentiary dispute or insufficiency on the elements of the greater offense which are different from the elements of the lesser included offense, then the defendant is not entitled to a lesser included offense instruction.””
9 later decisions quote this exact passage“[t]he true test as to whether a juror is qualified to serve on the panel is whether without bias or prejudice he can render a verdict solely on the evidence under the instructions of the court.”
4 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.