183 W. Va. 579 - State v. Schoolcraft’s Empirical Analysis

Citation profile

24 state decisions

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.

1. “[w]here the witness cannot recall the pri- or statement or denies making it, then under W.Va.R.Evid. 613(b), extrinsic evidence as to the out-of-court statement may be shown — -that is, the out-of-court statement itself may be introduced or, if oral, through the third party to whom it was made. However, the impeached witness must be afforded an opportunity to explain the inconsistency.”

   2 later decisions quote this exact passage · from the majority
   e.g. Johnson v. Garlow · State v. Moore

2. “A videotaped interview containing a pri- or inconsistent statement of a witness who claims to have been under duress when 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 respect to whether the witness was under duress when making such statement or coerced into 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.”

   1 later decision quote this exact passage · from the majority
   e.g. 204 W. Va. 58 - State v. Rodoussakis

3. “A conviction based upon evidence that varies materially from the charge contained in the indictment cannot stand and must be reversed.”

   1 later decision quote this exact passage
   e.g. 223 W. Va. 573 - State v. Corra