179 W. Va. 1 - State v. Bailey’s Empirical Analysis
1987
Citation profile
2 federal appellate · 20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently July 2002
2 federal appellate · 20 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 Sears, Roebuck & Co. v. Roberts · 161 W. Va. 530 - State v. Pratt · 178 W. Va. 104 - State v. Smith · 172 W. Va. 817 - State v. Beckett · State v. Byers
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he language of Rule 804(b)(5) of the West Virginia Rules of Evidence and its counterpart Rule 803(24) requires that five general factors must be met in order for hearsay evidence to be admissible under the rules. First and most important is the trustworthiness of the statement, which must be equivalent to the trustworthiness underlying the specific exceptions to the hearsay rule. Second, the statement must be offered to prove a material fact. Third, the statement must be shown to be more probative on the issue for which it is offered than any other evidence the proponent can reasonably procure. Fourth, admission of the statement must comport with the general purpose of the rules of evidence and the interests of justice. Fifth, adequate notice of the statement must be afforded the other party to provide that party a fair opportunity to meet the evidence.”
2 later decisions quote this exact passage“‘is one of the most ill-founded precepts to be founded by common-law. It is enough that it continues to exist at all. When it is encountered it is better to be trimmed than enlarged'”
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.