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← 171 W. Va. 479 - State v. Foster

171 W. Va. 479 - State v. Foster’s Empirical Analysis

1983

Citation profile

11
cited by 11 later decisions
1
states following
April 2018
most recently cited

11 state decisions

How this case has been cited

Cited by 11 later decisions — most recently April 2018

11 state decisions

501983199020002010decided

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 Albemarle Paper Co. v. Moody · 162 W. Va. 41 - State v. Ellsworth Wayne · Snyder v. Coiner · 142 W. Va. 284 - State v. Johnson · 165 W. Va. 253 - State v. Fellers

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “A criminal defendant has a broad right to impeach prosecution witnesses on cross-examination with prior inconsistent statements. See State v. Fellers, 165 W.Va. 253 , 267 S.E.2d 738 (1980); State v. Wayne, 162 W.Va. 41 , 245 S.E.2d 838 (1978); State v. Johnson, 142 W.Va. 284 , 95 S.E.2d 409 (1956). While the scope of cross-examination is generally within the discretion of the trial court and usually limited to matters brought out on direct, U.S. v. Simpkins, 505 F.2d 562 (4th Cir. 1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1327 , 43 L.Ed.2d 424 (1975), the trial court may not control the scope of cross-examination so far as to prejudice the defendant. Furthermore, we are advised that “cross-examination to impeach is not, in general, limited to matters brought out on the direct examination.” McCormick on Evidence, supra, at 49. The right to an effective cross-examination is an integral part of the confrontation clause of the Sixth Amendment to the United States Constitution, Snyder v. Coiner, 510 F.2d 224 (4th Cir.1975), and this right does not yield to a Rhadamanthine application of court rules governing order of proof.”
    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.