176 W. Va. 338 - Crain v. Bordenkircher’s Empirical Analysis
1986
Citation profile
1 federal appellate · 55 state decisions
How this case has been cited
Cited by 59 later decisions — most recently October 2015 · most notably 195 W. Va. 488 - Gribben v. Kirk (1995), 190 W. Va. 321 - In Re an Investigation of the West Virginia State Police Crime Laboratory (1993)
1 federal appellate · 55 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 Estelle v. Gamble · Wolff v. McDonnell · Bell v. Wolfish · Bounds v. Smith · Hewitt v. Helms
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Certain conditions of jail confinement may be so lacking in the area of adequate food, clothing, shelter, sanitation, medical care and personal safety as to constitute cruel and unusual punishment under the Eighth Amendment to the United States Constitution and Article III, Section 5 of the West Virginia Constitution.”
2 later decisions quote this exact passage““Many courts have reiterated the thought expressed in Bounds v. Smith, 430 U.S. 817, 825 , 97 S.Ct. 1491, 1496 , 52 L.Ed.2d 72, 81 (1977), that the economic ‘cost of protecting a constitutional right cannot justify its total denial.’ We elaborated on this theme in Cooper v. Gwinn, 171 W.Va. [245] at 256-57, 298 S.E.2d [781] at 793 [1981] ‘The incarceration of individuals who have broken society’s laws is a public act for which the people through their government must take ultimate responsibility.... ‘In recognition of this responsibility, our Legislature has said that inmates incarcerated in state prisons shall be rehabilitated through programs of classification, education and treatment. A plea of lack of funds is an insufficient justification for the failure of the executive department to implement this mandate. “Politically motivated pleas of public poverty cannot be used to brush aside the fundamental duties of government to the maintenance of civilization...." Moore v. Starcher, [ 167 W.Va. 848, 853 , 280 S.E.2d 693, 696 (1981) ].’ ’’”
1 later decision quote this exact passage · from the majority“Due process requirements for prison disciplinary hearings are: (a)Written notice to the inmate of the claimed violation; (b) Disclosure to him of the evidence against him; (c) Opportunity to be heard and to present witnesses and documentary evidence; (d) The right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) A neutral and detached hearing body; (f) A written statement by the fact-finders of the evidence relied on and reasons for discipline; and (g) The right to counsel if the state is represented by a lawyer.”
1 later decision quote this exact passage · from the majority
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.