171 W. Va. 277 - State v. Myers’s Empirical Analysis
1982
Citation profile
51 state decisions
How this case has been cited
Cited by 51 later decisions — most recently June 2016 · most notably 172 W. Va. 312 - State Ex Rel. Simpkins v. Harvey (1983), 187 W. Va. 136 - State v. Gill (1992)
51 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 Brown v. Ohio · United States v. Wilson · Jeffers v. United States · Weingarden v. United States · 96 Wis. 2d 48 - State v. Rabe
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted the accused. It protects against a second prosecution for the same offense after conviction. It also prohibits multiple punishments for the same offense.””
4 later decisions quote this exact passage“We do not conceive that in fashioning a double jeopardy policy in regard to what is the 'same offense’ that we can ignore the fact that multiple victims have been subject of the defendant’s acts. There can be little doubt that one function of a criminal justice system is to enable those individuals who have been victimized by the criminal acts of another to find some individual vindication of the harm done to each. Certainly, the degree of culpability, and as a consequence the degree of punishment, must bear some proportion not only to the magnitude of the crime but also to the number of victims involved. These are fundamental considerations that society expects from a criminal justice system.”
1 later decision quote this exact passage“[t]he double jeopardy prohibition against multiple punishments is usually encountered in two types of cases. The first is where the defendant is charged with committing both a lesser included offense and the greater offense.... The second type of case involves instances where there has been an ongoing criminal scheme such as embezzlement and there is a question of whether such activity constitutes one crime or several separate crimes. 4”
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.