183 W. Va. 175 - Duncil v. Kaufman’s Empirical Analysis
1990
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2018
18 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 North Carolina v. Alford · Brady v. United States · Santobello v. New York · United States v. Tucker · Austin Products Co. v. Workers' Compensation Insurers Rating Association of Minnesota
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Prohibition will lie to prohibit a judge from exceeding his legitimate powers.' Syllabus Point 2, State ex rel. Winter v. MacQueen, 161 W.Va. 30 , 239 S.E.2d 660 (1977).”
2 later decisions quote this exact passage““A defendant who is convicted or pleads guilty in a magistrate court may request probation by filing a written petition in the circuit court. The State shall be served with a copy of the petition and shall have the right to file a response. The circuit court may grant or deny probation based on the matters contained in the petition and response and may refer the matter for a presentencing investigation in which event the applicable provisions of Rule 32(c) of the West Virginia Rules of Criminal Procedure shall apply-””
1 later decision quote this exact passage“Notwithstanding that a defendant is to be given a more liberal consideration in seeking leave to withdraw a plea before sentencing, it remains clear that a defendant t has no absolute right to withdraw a guilty plea before sentencing. Moreover, a trial court’s decision on a motion under Rule 32(d) of the West Virginia Rules of Criminal Procedure will be disturbed only if the court has abused its discretion.”
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.