182 W. Va. 472 - State v. Spence’s Empirical Analysis
1989
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently March 2017 · most notably 194 W. Va. 3 - State v. Miller (1995), 193 W. Va. 388 - State v. Sugg (1995)
36 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 Strickland v. Washington · United States v. Wade · Simmons v. United States · Neil v. Biggers · Stovall v. Denno
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘In determining whether an out-of-court identification of a defendant is so tainted as to require suppression of an in-court identification [or testimony as to the out-of-court identification itself] a court must look to the totality of the circumstances and determine whether the identification was reliable, even though the confrontation procedure was suggestive, with due regard given to such factors as the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ pri- or description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.’ Syllabus Point 3, as amended, State v. Casdorph, 159 W.Va. 909 , 230 S.E.2d 476, 478 (1976).”
1 later decision quote this exact passage“In certain circumstances evidence of the flight of the defendant will be admissible in a criminal trial as evidence of the defendant’s guilty conscience or knowledge. Prior to admitting such evidence, however, the trial judge, upon request by either the State or the defendant, should hold an in camera hearing to determine whether the probative value of such evidence outweighs its possible prejudicial effect. 5”
1 later decision quote this exact passage“[t]he plain error rule presupposes that the record is sufficiently developed to discern the error.”
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.