185 W. Va. 327 - State v. Young’s Empirical Analysis
1991
Citation profile
31 state decisions
How this case has been cited
Cited by 31 later decisions — most recently November 2018 · most notably 203 W. Va. 561 - State v. Salmons (1998), 20 Va. App. 484 - Mayhew v. Commonwealth (1995)
31 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
Applies 21 U.S.C. § 801 (§ 101 of the Controlled Substances Act) · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 21 U.S.C. § 842 (§ 402 of the Controlled Substances Act)
Relies on Prudential Insurance Co. of America v. United States · Griffin v. United States · GLK, Inc. v. United States · Mobil Alaska Pipeline Co. v. United States · Williams 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“registered physicians or other registered practitioners may be prosecuted under this statute providing the severest penalties when their activities knowingly or intentionally "fall outside the usual course of professional practice[,]" [ Moore , 423 U.S.] at 124, 96 S.Ct. at 337 , 46 L.Ed.2d at 337 , referring to the statutory definition of "practitioner." The court so held regardless of whether the practitioners may also be prosecuted under another section, 21 U.S.C. § 842 (1988), for the less serious offenses of noncompliance with the technical, administrative requirements concerning controlled substances. Id. at 138 , 96 S.Ct. at 343 , 46 L.Ed.2d at 345 . Accordingly, the Supreme Court of the United States in Moore rejected the proposition that there were two mutually exclusive systems of sanctions, a relatively toothless system for registered practitioners and a more serious system for all other persons.”
1 later decision quote this exact passage“In a few instances, such as here, the negation of what is facially a statutory exception is so necessary to a true definition of the offense that the elements of the crime are not fully stated without negation of the “exception.” Stated another way, an essential element of a criminal offense is not always expressed in the statutory section defining the offense, but in a few instances may include the negation of an exception to the offense.”
1 later decision quote this exact passage““An indictment for a statutory offense is sufficient if, in charging the offense, it substantially follows the language of the statute, fully informs the accused of the particular offense with which he is charged and enables the court to determine the statute on which the charge is based.””
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.