174 W. Va. 525 - State v. Highland’s Empirical Analysis
1985
Citation profile
4 federal appellate · 19 state decisions
How this case has been cited
Cited by 24 later decisions — most recently September 2004
4 federal appellate · 19 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
Relies on United States v. Security Industrial Bank · Florida v. Royer · 152 W. Va. 571 - State v. Elder · 165 W. Va. 305 - Shanholtz v. Monongahela Power Co. · 165 W. Va. 448 - State Ex Rel. D. D. H. v. Dostert
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"No child who has been convicted of an offense under the adult jurisdiction of the circuit court shall be held in custody in a penitentiary of this State: Provided, That such child may be transferred from a secure juvenile facility to a penitentiary after he shall attain the age of eighteen years if, in the judgment of the commissioner of the department of corrections and the court which committed such child, such transfer is appropriate: Provided, however, That any other provision of this Code to the contrary notwithstanding, prior to such transfer the child shall be returned to the sentencing court for the purpose of reconsideration and modification of the imposed sentence, which shall be based upon a review of all records and relevant information relating to the child’s rehabilitation since his conviction under the adult jurisdiction of the court.””
5 later decisions quote this exact passage“[T]he legislature has provided at least three alternatives to a sentencing court for the proper disposition of [a child who has been convicted of an offense under the adult jurisdiction of the circuit court] '... the court may, ‘in lieu of sentencing such person as an adult,’ make its disposition under the section 49-5-13 provisions for treatment of juveniles adjudged delinquent.”
3 later decisions quote this exact passage“`Where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation.' Syl. pt. 1, State v. Warner, 172 W.Va. 502 , 308 S.E.2d 142 (1983).”
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.