186 W. Va. 1 - State v. Collins’s Empirical Analysis
1991
Citation profile
38 state decisions
How this case has been cited
Cited by 40 later decisions — most recently June 2016 · most notably 193 W. Va. 229 - McDougal v. McCammon (1995), 197 W. Va. 700 - State v. Blake (1996)
38 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 California v. ARC America Corp. · Commissioner v. Engle · United Families of America v. Kendrick · Baskett v. United States · Andrijevic v. Kelleran
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘The plain error doctrine contained in Rule 30 and Rule 52(b) of the West Virginia Rules of Criminal Procedure is identical. It enables this Court to take notice of error, including instructional error occurring during the proceedings, even though such error was not brought to the attention of the trial court. However, the doctrine is to be used sparingly and only in those circumstances where substantial rights are affected, or the truth-finding process is substantially impaired, or a miscarriage of justice would otherwise result.’ Syllabus Point 4, State v. England, 180 W.Va. 342, 376 S.E.2d 548 (1988).”
3 later decisions quote this exact passage“You are the sole judges of the credibility of the witnesses and the weight of the evidence. As used in these instructions, “the credibility of a witness” ■ means the truthfulness or lack of truthfulness of the witness. “The weight of the evidence” means the extent to which you are or are not convinced by the evidence. The number of witnesses testifying on one side or the other or an issue is not alone the test of the credibility of the witnesses and the weight of the evidence. If warranted by the evidence, you may believe one witness against a number of witnesses testifying differently. The tests are: How truthful is the witness and how convincing is his or her evidence in the light of all the evidence and circumstances shown. In determining the credit and weight you will give to the testimony of any witness who has testified before you, you may consider, if found by you from the evidence: The good memory or lack of memory of the witness; the interest or lack of interest of the witness in the outcome of the trial; the demeanor and manner of testifying of the witness, the opportunity and means, or lack of opportunity and means, of having knowledge of the matters concerning which the witness testified; and the reasonableness or unreasonableness of such testimony. From these considerations and all other conditions and circumstances appearing from the evidence, you may give to the testimony of the witness such credit and weight as you believe it entitled to receive. If you believ”
1 later decision quote this exact passage · from the dissent“prejudicial”; and (d) the photographer was not listed as a witness. It is apparent from the brief of the plaintiffs that the arguments as to hearsay and the failure to list the photographer as a witness have been abandoned. 5 . It is well settled that decisions regarding the admission and exclusion of evidence are peculiarly within the province of the trial court and are not to be reversed on-appeal absent an abuse of discretion. Thus, evidentiary decisions of a trial court are entitled to substantial deference. 6 . Rule 801(a) of the West Virginia Rules of Evidence defines statement as”
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.