175 W. Va. 539 - State v. Nester’s Empirical Analysis
1985
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently September 2017 · most notably 205 W. Va. 155 - State v. Wallace (1999), Allen v. State (2002)
32 state decisions — followed in 10 states
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 172 W. Va. 138 - State v. Hall · State v. Byers · 148 W. Va. 411 - Konchesky v. S. J. Groves & Sons Co. · 174 W. Va. 793 - State v. Manns · 33 Ill. App. 2d 364 - Stanko v. Zilien
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The appellant also contends that the victim's failure to wear his seatbelt was an independent, intervening cause of the victim's death. This contention seriously distorts the definition of an intervening cause. An intervening cause is a new and independent force which breaks the causal connection between the original act or omission and the injury, and itself becomes the direct and immediate cause of the injury. [Citation omitted.] The fact that the victim did not take precautionary steps which may have prevented his eventual demise is not an intervening cause. 2”
1 later decision quote this exact passage““An indictment for a statutory offense is sufficient if, in charging the offense, it substantially follows the language of the statute, fully informs the accused of the particular offense with which he is charged and enables the court to determine the statute on which the charge is based.””
1 later decision quote this exact passage“`necessarily carries with it all the [implicit] elements of the offense charged under that section,'”
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.