182 W. Va. 776 - State v. Porter’s Empirical Analysis
1990
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 2015
12 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 · Miranda v. State of Arizona Vignera · Ashe v. Swenson · Benton v. Maryland · Sealfon v. United States
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The principle of collateral estoppel applies in a criminal case where an issue of ultimate fact has once been determined by a valid and final judgment. In such case, that issue may not again be litigated between the State and the defendant. Ashe v. Swenson, 397 U.S. 436 , 90 S.Ct. 1189 , 25 L.Ed.2d 469 (1970).”
2 later decisions quote this exact passage“The federal decisions have made clear that the rule of collateral estoppel in criminal cases is not to be applied with the hypertechnical and archaic approach of a 19th century pleading book, but with realism and rationality. Where a previous judgment of acquittal was based upon a general verdict, as is usually the case, this approach requires a court to ‘examine the record of a prior proceeding, taking into account the pleadings, evidence, charge, and other relevant matter, and conclude whether a rational jury could have grounded its verdict upon an issue other than that which the defendant seeks to foreclose from consideration.’ The inquiry ‘must be set in a practical frame and viewed with an eye to all the circumstances of the proceedings.’ Sealfon v. United States, 332 U.S. 575, 579 [, 68 S.Ct. 237, 240 , 92 L.Ed. 180 , 184 (1948)].”
1 later decision quote this exact passage“It is true that polygraph test results are not admissible in evidence in a criminal trial in this State. Therefore, error was committed when the witness referred to a polygraph test. Nevertheless, the statement was withdrawn and the jury was instructed to disregard it. Ordinarily where objections to questions or evidence by a party are sustained by the trial court .during the trial and the jury instructed not to consider such matter, it will not constitute reversible error. While there are extraordinary situations where the introduction of evidence is so prejudicial that an instruction to disregard;such evidence will be insufficient and a mistrial should be granted, this case was not one of those extraordinary situations. We, therefore, hold that the trial court was correct in refusing the appellant’s request for a mistrial.”
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.