183 W. Va. 440 - State v. King’s Empirical Analysis
1990
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently July 2010
24 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 Missouri v. Continential Insurance Cos. · Robertson v. Methow Valley Citizens Council · Unimet Corp. v. United Steelworkers · Brown v. Texas · Gordon 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A videotaped interview containing a prior inconsistent statement of a witness who claims to have been under duress when making such statement or coerced into making such statement or coerced into making such statement is admissible into evidence if: (1) the contents thereon will assist the jury in deciding the witness’ credibility with respected to whether the witness was under duress when making such statement; (2) the trial court instructs the jury that the videotaped interview is to be considered only for purposes of deciding the witness’ credibility on the issue of duress or coercion and not as substantive evidence; and (3) the probative value of the videotaped interview is not outweighed by the danger of unfair prejudice.””
2 later decisions quote this exact passage“A prospective juror’s consanguineal, marital or social relationship with an employee of a law enforcement agency does not operate as a per se disqualification for cause in a criminal ease unless the law enforcement official is actively involved in the prosecution of the ease. After establishing that such a relationship exists, a party has a right to obtain individual voir dire of the challenged juror to determine possible prejudice or bias arising from the relationship.”
2 later decisions quote this exact passage“It is often held that “[i]f a witness unequivocally admits the inconsistencies in a prior statement before extrinsic evidence of the statement has been offered, the extrinsic evidence will usually be excluded as cumulative and unnecessary.” 2 G. Joseph & S. Saltzburg, Evidence in America § 47.3, at 4-5 (1987). See State v. Johnson, 220 Neb. 392, 401 , 370 N.W.2d 136, 142 (1985); F. Cleekley, Handbook on Evidence for West Virginia Lawyers § 4.2(b), at 161, 163 (2d ed.1986); McCormick on Evidence § 37, at 79 (E. Cleary 3d ed.1984); 3 J. Weinstein & M. Berger, Weinstein’s Evidence para. 613, at 613-3 (1988). On the other hand, it has been recognized that “[ejven where the witness admits having made the other statements, this does not prevent the opponent from offering it in evidence by his own witnesses[.]” 3A J. Wigmore, Evidence in Trials at Common Law § 1037 (J. Chadbourn rev. ed. 1970 & Supp.1990) (emphasis in original). These two differing views on whether extrinsic evidence is admissible where the witness has admitted making the prior inconsistent statement have emerged and have been discussed by many authorities. Leading these views are Professors McCormick and Wigmore. Professor McCormick contends that extrinsic evidence in such circumstances should be inadmissible. Professor Wigmore, however, maintains that such evidence should be admissible.”
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.