Public-domain · open source
OpenJurist
← 184 W. Va. 722 - State v. Hamilton

184 W. Va. 722 - State v. Hamilton’s Empirical Analysis

1991

Citation profile

6
cited by 6 later decisions
2
states following
July 2001
most recently cited

6 state decisions

Relationships

Relies on 160 W. Va. 234 - State v. Boyd · 158 W. Va. 647 - State Ex Rel. Grob v. Blair · 159 W. Va. 482 - Louk v. Haynes · State v. Vance · 146 W. Va. 925 - State v. Vance

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The defendant has a right under Article III, Section 14 of the West Virginia Constitution to be present at all critical stages in the criminal proceeding; and when he is not, the State is required to prove beyond a reasonable doubt that what transpired in his absence was harmless.”
    1 later decision quote this exact passage · from the majority
  2. “‘Waiver of a defendant’s fundamental and constitutional right to be present at every stage of the proceedings against him may be accomplished. It must be achieved, however, by the defendant himself in the form of a knowing and intelligent waiver.””
    1 later decision quote this exact passage · from the majority
  3. “is constitutional in nature and fundamental to the defendant's right to a fair trial.”
    1 later decision quote this exact passage · from the majority

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.