178 W. Va. 455 - State v. Holcomb’s Empirical Analysis
1987
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently April 2016 · most notably 200 W. Va. 356 - State v. Duke (1997), 196 W. Va. 578 - State v. Berrill (1996)
26 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 Morrissey v. Brewer · Gagnon v. Scarpelli · Missouri v. Hunter · Albernaz v. United States · Delli Paoli v. United States
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The final revocation proceeding required by the due process clause of the Fourteenth Amendment and necessitated by W.Va.Code, 62-12-10, as amended, must accord an accused with the following requisite minimal procedural protections: (1) written notice of the claimed violations of probation; (2) disclosure to the probationer of evidence against him; (3) opportunity to be heard in person and to present witnesses and documentary evidence; (4) the right to confront and cross-examine witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (5) a “neutral and detached” hearing officer; (6) a written statement by the fact-finders as to the evidence relied upon and reasons for revocation of probation.”
1 later decision quote this exact passage“[T]he appropriate disposition is to remand the case to the circuit court for resentencing. State v. Thompson, supra [ 176 W.Va. 300 , 342 S.E.2d 268 (1986)]; State v. Williams, 172 W.Va. 295 , 305 S.E.2d 251 (1983); State v. Buck, 170 W.Va. 428 , 294 S.E.2d 281 (1982). Upon remand the circuit court should afford the appellant the right of allocution.”
1 later decision quote this exact passagee.g. State v. West“`[c]onsecutive sentences are an appropriate mechanism for imposing a distinct punishment for each of two criminal acts.'”
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.