182 W. Va. 443 - State v. Adkins’s Empirical Analysis
1989
Citation profile
11
cited by 11 later decisions
1
states following
December 1998
most recently cited
11 state decisions
Relationships
Applies 18 U.S.C. § 3731
Relies on United States v. Wilson · Carroll v. United States · Arizona v. Manypenny · United States v. Sanges · Chambers v. Maroney
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“W.Va.Code § 58-5-30 forbids an appeal by the State from an order dismissing an indictment unless that indictment could be categorized as ‘bad or insufficient.’ It is undisputed that the 1989 special grand jury [resulting in the second set of indictments] was properly impaneled and the indictments were valid. Judge Halbrit-ter’s 1989 dismissal orders were based upon the State’s failure to prosecute the 1988 indictments [the first set of indictments] within the three terms required by statute. Consequently, because the superseding indictments occurred in the fourth term of the original 1988 indictments, and the 1989 indictments that are the subject of this action were the same charges brought in the 1988 indictments, we have no choice but to affirm the dismissal orders. To hold otherwise would allow the State to simply circumvent the three term rule by securing superseding indictments.”
1 later decision quote this exact passage“Nor did the State explain why it waited so long to dismiss the clearly ‘bad’ 1988 indictments and reconvene the Special Grand Jury to reindict the defendants properly. Compounding the problem is the speculation that the State’s purpose in the delay was to prolong the embarrassment and humiliation attendant to criminal prosecution. See United States v. Wilson, 420 U.S. 332, 343 , 95 S.Ct. 1013, 1022 , 43 L.Ed.2d 232, 241 (1975). The speedy trial guarantee in both the Constitutions of the United States and West Virginia was meant to prevent such an abuse of power.”
1 later decision quote this exact passage“Every person charged by presentment or indictment with a felony or misdemeanor, and remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him, without a trial[.] 2”
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.