186 W. Va. 465 - State v. Gibson’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Failure to observe a constitutional right constitutes reversible error unless it can be shown that the error was harmless beyond a reasonable doubt.’ Syllabus point 5, State ex rel. Grob v. Blair, [158] W.Va. [647], 214 S.E.2d 330 (1975).” 2”

   2 later decisions quote this exact passage · from the majority
   e.g. 191 W. Va. 87 - State v. Jenkins · 191 W. Va. 79 - State v. Mayo

2. “A trial court exercising appropriate judicial concern for the constitutional right to testify should seek to assure that a defendant's waiver is voluntary, knowing, and intelligent by advising the defendant outside the presence of the jury that he has a right to testify, that if he wants to testify then no one can prevent him from doing so, that if he testifies the prosecution will be allowed to cross-examine him. In connection with the privilege against self-incrimination, the defendant should also be advised that he has a right not to testify and that if he does not testify then the jury can be instructed about that right.”

   1 later decision quote this exact passage · from the majority
   e.g. 189 W. Va. 470 - State v. Layton

3. “‘when there is a quarrel between two or more persons and both or all are in fault, and a combat as a result of such quarrel takes place and death ensues as a result; in order to reduce the offense to killing in self-defense, two things must appear from the evidence and circumstances in the case: first, that before the mortal shot was fired the person firing the shot declined further combat, and retreated as far as he could with safety; second, that he necessarily killed the deceased in order to preserve his own life or to protect himself from great bodily harm....’”

   1 later decision quote this exact passage · from the majority
   e.g. 187 W. Va. 795 - State v. Knotts