Public-domain · open source
OpenJurist
← 176 W. Va. 454 - State v. Davis

176 W. Va. 454 - State v. Davis’s Empirical Analysis

1986

Citation profile

69
cited by 69 later decisions
1
states following
January 2017
most recently cited

69 state decisions

How this case has been cited

Cited by 69 later decisions — most recently January 2017 · most notably 179 W. Va. 403 - State v. Worley (1988), 195 W. Va. 630 - State v. Garrett (1995)

69 state decisions

2601986199020002010decided

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 Wong Sun v. United States · Simmons v. United States · Neil v. Biggers · Manson v. Brathwaite · Nix v. Williams

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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “‘ “Upon motion to direct a verdict for the defendant, the evidence is to be viewed in light most favorable to prosecution. It is not necessary in appraising its sufficiency that the trial court or reviewing court be convinced beyond a reasonable doubt of the guilt of the defendant; the question is whether there is substantial evidence upon which a jury might justifiably find the defendant guilty beyond a reasonable doubt.” State v. West, 153 W.Va. 325 , 168 S.E.2d 716 (1969).’ Syl. pt. 1, State v. Fischer, 158 W.Va. 72 , 211 S.E.2d 666 (1974).”
    8 later decisions quote this exact passage
  2. “‘The granting of a continuance is a matter within the sound discretion of the trial court, though subject to review, and the refusal thereof is not ground for reversal unless it is made to appear that the court abused its discretion, and that its refusal has worked injury and prejudice to the rights of the party in whose behalf the motion was made. Syl. pt. 1, State v. Jones, 84 W.Va. 85 , 99 S.E. 271 (1919).’ Syllabus Point 1, State v. Davis, [176] W.Va. [454], 345 S.E.2d 549 (1986).”
    3 later decisions quote this exact passage
  3. ““Under West Virginia Code § 62-12-2(c)(1) (1984 Replacement Vol.), the commission or attempted commission of a felony with the use, presentment, or brandishment of a firearm must be clearly stated in the indictment or presentment by which a person is charged and must be found by the jury upon submission of a special interrogatory for such purpose in order to make any person ineligible for probation upon conviction in a jury trial of a felony prosecution.””
    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.