178 W. Va. 311 - State v. Banjoman’s Empirical Analysis
1987
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently July 2002 · most notably 190 W. Va. 321 - In Re an Investigation of the West Virginia State Police Crime Laboratory (1993), 178 W. Va. 659 - McGlone v. Superior Trucking Co., Inc. (1987)
36 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
Applies 26 U.S.C. § 101 · 26 U.S.C. § 61 (Payment-in-Kind Tax Treatment Act of 1983) · 42 U.S.C. § 401 (§ 201 of the Social Security Act of 1935) · 42 U.S.C. § 601 (§ 401 of the Social Security Act of 1935) · 42 U.S.C. § 602 (§ 402 of the Social Security Act of 1935)
Relies on King v. Smith · Gilbert v. First National Bank of Jackson · Dewees v. United States · Mackay v. Nesbett · Exxon Corp. v. Department of Revenue of Wisconsin
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The cross-examination of a defendant's character witnesses with regard to questions as to the witness's knowledge of specific instances of the defendant's misconduct is confined by certain limitations. There must initially be, by way of an in camera hearing, a disclosure of the proposed specific misconduct questions. The State must produce documents or witnesses from which the court may determine whether there is a good faith basis in fact that the misconduct actually occurred and would have been known to some degree in the community. A second limitation requires that the specific misconduct impeachment relate to facts which would bear upon the character traits that have been placed in issue by the character testimony on direct examination. Finally, the court must make the ultimate determination as to whether the probative value of the defendant's specific incident of misconduct, which is to be the subject of the cross-examination, outweighs its prejudicial value. Once the court determines at the in camera hearing that the specific-misconduct cross-examination of a character witness may proceed, the jury should be informed that its purpose is to test the credibility of the character witness and it is not to be considered as bearing on the defendant's guilt in the present trial.”
2 later decisions quote this exact passage““Where improper evidence of a noncon-stitutional 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.””
2 later decisions quote this exact passage“[i]t is recognized that a trial court has the right to control the orderly process of proceedings before him, and may intervene so long as he does not prejudice the defendant's case.... We have consistently observed, however, that a trial judge occupies a "unique position" from which he may wittingly or unwittingly influence the jury in its deliberations.... He is cautioned to refrain from commenting on questions for the jury's determination and if, by his words or conduct, he "indicates his opinion on any material matter," a reversal would be warranted. [ State v. ] McGee, 160 W.Va. [1,] 6, 230 S.E.2d [832,] 835-36 [(1976)].”
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.