182 W. Va. 544 - State v. Dietz’s Empirical Analysis
1990
Citation profile
30 state decisions
How this case has been cited
Cited by 30 later decisions — most recently February 2010 · most notably 195 W. Va. 512 - Gentry v. Mangum (1995), 187 W. Va. 760 - State v. Triplett (1992)
30 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 Indiana Employment Security Division v. Burney · 161 W. Va. 517 - State v. Starkey · Sears v. United States · Myers v. State · 176 W. Va. 688 - State v. Dolin
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘In a prosecution for murder, where self-defense is relied upon to excuse the homicide, and there is evidence showing, or tending to show, that the deceased was at the time of the killing, making a murderous attack upon the defendant, it is competent for the defense to prove the character or reputation of the deceased as a dangerous and quarrelsome man, and also to prove prior attacks made by the deceased upon him, as well as threats made to other parties against him; and, if the defendant has knowledge of specific acts of violence by the deceased against other parties, he should be allowed to give evidence thereof.’ Syllabus Point 1, State v. Hardin, 91 W.Va. 149 , 112 S.E. 401 (1922).” Syllabus Point 3, State v. Gwinn, [169] W.Va. [456], 288 S.E.2d 533 (1982).”
1 later decision quote this exact passage“Rule 404. Character Evidence not Admissible to Prove Conduct; Exceptions; Other Crimes, (a) Character Evidence Generally. — Evidence of a person’s character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except: (2) Character of Victim of a Crime Other than a Sexual Conduct Crime.— Evidence of a pertinent trait of character of the victim of the crime, other than a crime consisting of sexual misconduct, offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor[.]”
1 later decision quote this exact passage“There is nothing in the record to indicate that the appellant was not called in reliance upon the circuit court’s statement during voir dire. On this record, it is equally plausible that the appellant was not called as a witness for tactical reasons, for example, to preclude cross-examination of the appellant. In light of this, it would not have been error for the circuit court to fail to grant a mistrial at the conclusion of the appellant’s case, if the reason the appellant did not testify was due to tactical reasons. Therefore, there is no error apparent on the record in this case.”
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.