173 W. Va. 416
317 S.E.2d 501
Decided June 19, 1984
West Virginia Supreme Court · decided 1984-06-19
Relies on Colten v. Commonwealth of Kentucky · 173 W. Va. 1 - State v. Young · 163 W. Va. 370 - State v. Eden
Good law ✅— No negative treatment on recordhow we know
Decided 1984-06-19
Cited by 28 later decisions — most recently October 2018 · most notably 203 W. Va. 135 - Tiernan v. Charleston Area Medical Center, Inc. (1998), 181 W. Va. 779 - Dadisman v. Moore (1989)
26 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.
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¶1dissenting:
¶2I respectfully dissent from the majority’s holding in this case for reasons set forth in my concurrence in State v. Young, 173 W.Va. 1, 311 S.E.2d 118, 135-36 (1983). As discussed therein, I disagree with this Court’s holding in State v. Eden, 163 W.Va. 370, 256 S.E.2d 868 (1979), and its progeny. I would follow the less restrictive rationale of the United States Supreme Court in Colten v. Kentucky, 407 U.S. 104, 92 S.Ct. 1953, 32 L.Ed.2d 584 (1972).