175 W. Va. 185 - State v. Cook’s Empirical Analysis

Citation profile

42 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Upon motion to direct a verdict for the defendant, the evidence is to be viewed in light most favorable to prosecution. It is not necessary in appraising its sufficiency that the trial court or reviewing court be convinced beyond a reasonable doubt of the guilt of the defendant; the question is whether there is substantial evidence upon which a jury might justifiably find the defendant guilty beyond a reasonable doubt.” State v. West, 153 W.Va. 325 [168 S.E.2d] 716 (1969).”

   2 later decisions quote this exact passage
   e.g. 200 W. Va. 661 - State v. Taylor · 177 W. Va. 406 - State v. Reedy

2. “We acknowledge the sensitive nature of the competing interests involved: the defendant’s interest in presenting his or her own witnesses to establish a defense, the witness’ interest in exercising his or her privilege against self-incrimination, and the prosecution’s interest in securing effective cross-examination. Given the critical nature of each of these interests, however, the trial court was under a special obligation to seek an accommodation. In the instant proceeding, an in camera hearing would have been appropriate to determine the precise extent to which Price would have sought to invoke his privilege against self-incrimination. Perhaps, after he discovered that he would be directed to answer certain questions despite his invocation of the fifth amendment, he would have withdrawn his offer to testify. On the other hand, the prosecution might have discovered that he was willing to submit to cross-examination as long as the answers sought did not tend to further incriminate him.”

   1 later decision quote this exact passage
   e.g. 177 W. Va. 406 - State v. Reedy

3. “[Wjhere a person of less than normal intelligence does not have the capacity to understand the meaning and effect of his confession, and such lack of capacity is shown by evidence at the suppression hearing, it is error for the trial judge not to suppress the confession. However, where the defendant’s lower than normal intelligence is not shown clearly to be such as would impair his capacity to understand the meaning and effect of his confession, said lower than normal intelligence is but one factor to be considered by the trial judge in weighing the totality of the circumstances surrounding the challenged confession.”

   1 later decision quote this exact passage
   e.g. 181 W. Va. 131 - State v. Parsons