178 W. Va. 406 - State v. Barrow’s Empirical Analysis
1987
Citation profile
30 state decisions
How this case has been cited
Cited by 32 later decisions (2 by the Supreme Court) — most recently October 2015 · most notably Rothgery v. Gillespie County (2008), 180 W. Va. 363 - State v. Moss (1988)
30 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 18 U.S.C. § 4244
Relies on Miranda v. State of Arizona Vignera · Chapman v. State of California · Johnson v. Zerbst · Edwards v. Arizona · Powell v. State of Alabama Patterson
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If police initiate interrogation after a defendant’s assertion, at an arraignment or similar proceeding, of his right to counsel, any waiver of the defendant’s right to counsel for that police-initiated interrogation is invalid because it was taken in violation of the defendant’s Sixth Amendment right to counsel. To the extent that State v. Wyer, 173 W.Va. 720 , 320 S.E.2d 92 (1984), is in conflict with this principle, it is overruled.”
5 later decisions quote this exact passage“‘No person may be subjected to trial on a criminal charge when, by virtue of mental incapacity, the person is unable to consult with his attorney and to assist in the preparation of his defense with a reasonable degree of rational understanding of the nature and object of the proceedings against him.’ Syllabus Point 1, State v. Milam, 159 W.Va. 691 , 226 S.E.2d 433 (1976).”
2 later decisions quote this exact passage“3.There is no per se rule against a waiver of the Sixth Amendment right to counsel. We do, however, hold that a waiver of the Sixth Amendment right to counsel should be judged by stricter standards than a waiver of the Fifth Amendment right to counsel. Furthermore, we do not equate a general request for counsel at the initial appearance before a magistrate as foreclosing in all cases the right of police officials to initiate a further discussion with the defendant to determine if he is willing to waive his Sixth Amendment right to counsel for purposes of procuring a confession. 4.Because of the higher standard against which the Sixth Amendment right-to-counsel waiver is measured, we hold that once the Sixth Amendment right to counsel has attached, it can only be waived by a written waiver signed by the defendant. It must also be shown at the time that the waiver is executed that the defendant was aware that he was under arrest and had been informed of the nature of the charge against him. These elements must be shown in addition to the customary Miranda warnings.”
1 later decision quote this exact passagee.g. State v. Tenley
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.