182 W. Va. 643 - State v. Daniel’s Empirical Analysis
1990
Citation profile
30 state decisions
How this case has been cited
Cited by 32 later decisions — most recently November 2015 · most notably 185 W. Va. 422 - State v. Julius (1991), 195 W. Va. 551 - State v. Sutphin (1995)
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 In the Matter of Samuel Winship · Sandstrom v. Montana · Mullaney v. Wilbur · Smith v. Phillips · Patterson v. New York
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A motion for a new trial on the ground of the misconduct of a jury is addressed to the sound discretion of the court, which as a rule will not be disturbed on appeal where it appears that defendant was not injured by the misconduct or influence complained of. The question as to whether or not a juror has been subjected to improper influence affecting the verdict is a fact primarily to be determined by the trial judge from the circumstances, which must be clear and convincing to require a new trial; proof of mere opportunity to influence the jury being insufficient.” Syllabus Point 7, State v. Johnson, 111 W.Va. 653 , 164 S.E. 31 (1932).”
2 later decisions quote this exact passage“reasonable belief rule, which provided that an intervenor who acts in defense of another is not liable if his or her actions were reasonable under the circumstances. Under this rule, a defendant may be legally justified in killing to defend another, even if the intervenor acted under a mistaken belief as to who was at fault, provided his or her belief was reasonable. [17] B. Basic Requirements for the Defense of Another Doctrine In this Court's review of its past decisions, decisions of other jurisdictions and commentaries, the doctrine of defense of another may be succinctly articulated. We therefore hold that to establish the doctrine of defense of another in a homicide prosecution, a defendant must show by sufficient evidence that he or she used reasonable force, including deadly force, in a situation where the defendant had a reasonable belief of the lawfulness of his or her intervention on behalf of another person who was in imminent danger of death or serious bodily harm from which such person could save himself/herself only by using force, including deadly force, against his or her assailant, but was unable to do so. We will now proceed to examine the key elements of the doctrine of defense of another. 1. Burden of proof. The doctrine of defense of another is an affirmative defense. This Court, as well as the United States Supreme Court, has made clear that "a defendant can be required to prove the affirmative defenses that he asserts.”
1 later decision quote this exact passage · from the majority“The Court instructs the jury that a person has no right to use deadly force, such as a firearm, unless he actually believes and has reasonable grounds to believe that he is in immediate danger of death or serious bodily injury from which he can only save himself by using deadly force. A person who is threatened but with less than deadly force, is not permitted to use deadly force in return. Furthermore, even when a person has been threatened with deadly force, once the dangei to himself has passed he has no right to use deadly force, and no lawful claim of self-defense. Therefore, if you find from all of the evidence that there is no credible evidence that the defendant had reasonable grounds to believe and actually did believe that he was in immediate danger of death or serious bodily injury by Lorilei Reed when the fatal shot was fired, from which he could only save himself by using deadly force against her, then you should find that the defendant did not act in self-defense. You are further instructed that unless there is credible evidence that the defendant, Johnny Miller, acted in self-defense in shooting Lorilei Reed, the State has no burden of proving the absence of self-defense beyond a reasonable doubt.”
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.