171 W. Va. 556 - State v. Williams’s Empirical Analysis

Citation profile

20 state decisions

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

1. “(a) Whenever a court of record, or in the instance of a defendant charged with public intoxication a magistrate or other judicial officer, believes that a defendant in a felony case ... may be incompetent to stand trial or is not criminally responsible by reason of mental illness, mental retardation or addiction, it may at any stage of the proceedings after the return of an indictment or the issuance of a warrant or summons against the defendant, order an examination of such defendant to be conducted by one or more psychiatrists, or a psychiatrist and a psychologist, or in the instance of an individual charged with public intoxication, an alcoholism counselor: ****** (d) Within five days after the receipt of the report on the issue of competency to stand trial, or if no observation pursuant to subsection (b) of this section has been ordered, within five days after the report on said issued following an examination under subsection (a) of this section, the court of record shall make a finding on the issue of whether the defendant is competent for trial. A finding of incompetence for the trial shall require proof by a preponderance of the evidence. Notice of such findings shall be sent to the prosecuting attorney, the defendant and his counsel. If the court of record orders or if the defendant or his counsel on his behalf within a reasonable time requests a hearing on such findings, a hearing in accordance with section two [§ 27-6A-2] of this article shall be held by the court ”

   1 later decision quote this exact passage
   e.g. 182 W. Va. 166 - State v. Garrett

2. “In this case the conflicting evidence adduced at trial forecloses the possibility that the evidence was “conclusive” of insanity, even if, as the appellant alleges, his psychiatric experts were superior to the State’s psychiatric expert. State v. Williams, supra, 171 W.Va. at 561 , 301 S.E.2d, at 192 .”

   1 later decision quote this exact passage
   e.g. 173 W. Va. 290 - State v. Guthrie

3. “While we are not absolutely convinced of the appellant’s competency, neither are we convinced that the trial court’s finding of fact on this matter, supported by the testimony of both state psychiatrists, was "clearly wrong." State v. Meek, 107 W.Va. 324 , 148 S.E. 208 (1929).”

   1 later decision quote this exact passage
   e.g. 182 W. Va. 166 - State v. Garrett