175 W. Va. 578 - State v. Swiger’s Empirical Analysis
1985
Citation profile
10
cited by 10 later decisions
1
states following
March 1990
most recently cited
10 state decisions
Relationships
Relies on Strickland v. Washington · Dusky v. United States · Pate v. Robinson · Drope v. Missouri · Jackson v. Indiana
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.”
1 later decision quote this exact passage“‘[a]n accused person, although he may-have been sane at the time of the acts charged, cannot [properly] be tried, sentenced or punished while mentally incapacitated.’ Syl. pt. 1, State v. Arnold, 159 W. Va. 158 , 219 S.E.2d 922 (1975), overruled upon other grounds in syl. pt. 4, State v. Demastus, 165 W. Va. 572 , 270 S.E.2d 649 (1980).”
1 later decision quote this exact passage“To be competent to stand trial, a defendant must exhibit a sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational, as well as factual, understanding of the proceedings against him.’”
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.