182 W. Va. 199 - State v. Nicholas’s Empirical Analysis
1989
Citation profile
6
cited by 6 later decisions
1
states following
May 2007
most recently cited
6 state decisions
Relationships
Relies on Bibby v. United States · Daniel v. Security Pacific National Bank · 157 W. Va. 640 - State v. Thomas · 170 W. Va. 662 - State v. Neider · United States v. Markowski
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plain error doctrine contained in Rule 30 and Rule 52(b) of the West Virginia Rules of Criminal Procedure is identical. It enables this Court to take notice of error, including instructional error occurring during the proceedings, even though such error was not brought to the attention of the trial court. However, the doctrine is to be used sparingly and only in those circumstances .where substantial rights are affected, or the truth-finding process is substantially impaired, or a miscarriage of justice would otherwise result.”
2 later decisions quote this exact passage · from the majority
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.