176 W. Va. 300 - State v. Thompson’s Empirical Analysis
1986
Citation profile
50 state decisions
How this case has been cited
Cited by 50 later decisions — most recently February 2012 · most notably 192 W. Va. 165 - State v. Derr (1994), 178 W. Va. 104 - State v. Smith (1987)
50 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 Massiah v. United States · United States v. Henry · 157 W. Va. 640 - State v. Thomas · 163 W. Va. 502 - State v. Atkins · 151 W. Va. 1 - State v. Hamric
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where improper evidence of a non-constitutional nature is introduced by the State in a criminal trial, the test to determine if the error is harmless is: (1) the inadmissible evidence must be removed from the State’s case and a determination made as to whether the remaining evidence is sufficient to convince impartial minds of the defendant’s guilt beyond a reasonable doubt; (2) if the remaining evidence is found to be insufficient, the error is not harmless; (3) if the remaining evidence is sufficient to support the conviction, an analysis must then be made to determine whether the error had any prejudicial effect on the jury.””
3 later decisions quote this exact passage““ ‘ “It is not reversible error to refuse to give instructions offered by a party that are adequately covered by other instructions given by the court.” Syl. pt. 20, State v. Hamric, 151 W.Va. 1 , 151 S.E.2d 252 (1966).’ Syllabus point 3, State v. Evans, 172 W.Va. 810 , 310 S.E.2d 877 (1983).””
2 later decisions quote this exact passage““Where there is no evidentiary dispute or insufficiency on the elements of the greater offense which are different from the elements of the lesser included offense, then the defendant is not entitled to a lesser included offense instruction.””
2 later decisions 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.