174 W. Va. 296 - Scott v. McGhee’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under art. 3, § 14 of the West Virginia Constitution, the right to a jury trial is accorded in both felonies and misdemeanors when the penalty imposed involves any period of incarceration.” 4”

   2 later decisions quote this exact passage
   e.g. 181 W. Va. 374 - Gapp v. Friddle · 177 W. Va. 78 - Hubby v. Carpenter

2. ““The due process clause of Article III, § 10 of the Constitution of West Virginia prohibits a municipal court judge from dismissing municipal charges solely because the accused has exercised his constitutional right to a jury trial, when the penalty under state law for the same offense carries a heavier jail sentence than provided for by municipal ordinance.””

   1 later decision quote this exact passage
   e.g. 177 W. Va. 78 - Hubby v. Carpenter

3. “Similarly, if the judge signifies in advance of trial that the matter is exclusively administrative, such as a parking fine, and that notwithstanding provisions in the ordinance which permits a jail sentence, he will under no condition impose one, then the trial may proceed without a jury.”

   1 later decision quote this exact passage
   e.g. 181 W. Va. 374 - Gapp v. Friddle