171 W. Va. 329 - State v. Jackson’s Empirical Analysis
1982
Citation profile
55 state decisions
How this case has been cited
Cited by 55 later decisions — most recently June 2019 · most notably 179 W. Va. 156 - Marano v. Holland (1988), 177 W. Va. 369 - State v. McWilliams (1986)
55 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
Applies 18 U.S.C. § 4244
Relies on Miranda v. State of Arizona Vignera · Johnson v. Zerbst · United States v. Wade · Ohio Bureau of Employment Services v. Hodory · Estelle v. Smith
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Protection of a defendant's constitutional privilege against self-incrimination and right to assistance of counsel at pre-trial court-ordered psychiatric examinations, requires that a tape-recording of the entire interview be given to his and the government's lawyer, and an in camera suppression hearing be held to guarantee that the court-ordered psychiatrist's testimony will not contain any incriminating statements. A defendant cannot waive his state and federal constitutional privileges against self-incrimination and rights to assistance of counsel at court-ordered pre-trial psychiatric examinations except upon advice of counsel.”
2 later decisions quote this exact passage“"(c) Psychiatric Examination. — In an appropriate case, the court may, upon motion of the attorney for the State, order the defendant to submit to a psychiatric examination by a psychiatrist designated for this purpose in the order of the court. No statement made by the accused in the course of any examination provided for by this rule, whether the examination shall be with or without the consent of the accused, shall be admitted in evidence against the accused on the issue of guilt in any criminal proceeding. “(d) Procedure for Psychiatric Examination. —In any case where the court determines that a mental examination is required, the court shall proceed in conformity with Chapter 27, Article 6A, Section 1, of the West Virginia Code of 1931, as amended.””
1 later decision quote this exact passage“A psychiatrist can testify to the bases of his medical opinion, State v. Rhodes, [166] W.Va. [402], 274 S.E.2d 920 (1981), but without reference to a defendant’s specific statements about his criminal offense ... A defendant who pleads insanity does not have the privilege to “remain silent” as Miranda warnings advise. His refusal to be examined — an event that necessarily involves talk— may result in sanctions such as preventing him from submitting his own medical evidence of insanity.”
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.