175 W. Va. 740 - State v. York’s Empirical Analysis
1985
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently October 2014
8 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 California v. Trombetta · 175 Cal. App. 2d 862 - In re Newbern · 119 Wis. 2d 483 - State v. Walstad · 90 Wash. 2d 808 - State v. Canaday · Turpin v. State
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Any person lawfully arrested for driving a motor vehicle in this State while under the influence of alcohol, controlled substances or drugs shall have the right to demand that a sample or specimen of his blood, breath or urine be taken within two hours from and after the time of arrest, and that a chemical test thereof be made. The analysis disclosed by such chemical test shall be made available to such arrested person forthwith upon demand.””
2 later decisions quote this exact passage““W.Va.Code, 17C-5-9 [1983] clearly does not require blood tests. Under the Code law enforcement officers are under no duty to inform the defendant of his right to additional tests. Rather, W.Va.Code, 17C-5-9 [1983] accords an individual arrested for driving under the influence of alcohol ... a right to demand and receive a blood test within two hours of his arrest.””
2 later decisions quote this exact passage“To deny this right would be to deny due process of law because such a denial would bar the accused from obtaining evidence necessary to his defense. The defendant’s right to request and receive a blood test is an important procedural right that goes directly to a court’s truth-finding function.”
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.