174 W. Va. 801 - State v. Howerton’s Empirical Analysis
1985
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently September 2013 · most notably 183 W. Va. 130 - State v. Kerns (1990), 175 W. Va. 64 - State v. Ellsworth (1985)
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.
Relationships
Relies on Doyle v. Ohio · Patterson v. United States · Fare v. Michael C. · Town of Mashpee v. Mashpee Tribe · 18 Cal. 3d 698 - People v. Chi Ko Wong
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘[Subject to the provisions of W.Va. Code, 49-5-l(d),] [t]here is no constitutional impediment which prevents a minor above the age of tender years solely by virtue of his minority from executing an effective waiver of rights; however, such waiver must be closely scrutinized under the totality of the circumstances.’ Syllabus Point 1, as modified, State v. Laws, 162 W.Va. 359 , 251 S.E.2d 769 (1978).” Syllabus Point 3, State v. Howerton, 174 W.Va. 801 , 329 S.E.2d 874 (1985).”
5 later decisions quote this exact passage“1) age of the accused; 2) education of the accused; 3) knowledge of the accused as to both the substance of the charge, if any has been filed, and the nature of his rights to consult with an attorney and remain silent; 4) whether the accused is held incommunicado or allowed to consult with relatives, friends or an attorney; 5) whether the accused was interrogated before or after formal charges had been filed; 6) methods used in interrogation; 7) length of interrogations; 8) whether vel non the accused refused to voluntarily give statements on prior occasions; and 9) whether the accused has repudiated an extrajudicial statement at a later date. (Citations omitted).”
1 later decision quote this exact passage“The child shall have the right to directly appeal an order of transfer to the supreme court of appeals of the State of West Virginia: Provided, That notice of intent to appeal and a request for transcript be filed within ten days from the date of the entry of any such order and the petition for appeal shall be presented to the supreme court of appeals within forty-five days from the entry of such order, and that, in default thereof, the right of appeal and the right to object to such order of transfer shall be waived and may not thereafter be asserted.”
1 later decision 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.