186 W. Va. 474 - Cunningham v. Bechtold’s Empirical Analysis
1991
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently February 2018
23 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 172 W. Va. 627 - Shepherdstown Volunteer Fire Dept. v. State Ex Rel. State Human Rights Commission · 161 W. Va. 750 - Jordan v. Roberts · 173 W. Va. 565 - Johnson v. State Department of Motor Vehicles · 181 W. Va. 267 - Simon v. West Virginia Department of Motor Vehicles · 177 W. Va. 507 - In Re Matherly
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Upon judicial review of a contested case under the West Virginia Administrative Procedure Act, Chapter 29A, Article 5, Section 4(g), the circuit court may affirm the order or decision of the agency or remand the case for further proceedings. The circuit court shall reverse, vacate or modify the order or decision of the agency if the substantial rights of the petitioner or petitioners have been prejudiced because the administrative findings, inferences, conclusions, decisions or order are: (1) In violation of constitutional or statutory provisions; or (2) In excess of the statutory authority or jurisdiction of the agency; or (3) Made upon unlawful procedures; or (4) Affected by other error of law; or (5) Clearly wrong in view of the reliable, probative and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.” Syllabus Point 2, Shepherdstown Volunteer Fire Dept. v. West Virginia Human Rights Comm’n, [172] W.Va. [627], 309 S.E.2d 342 (1983).”
2 later decisions quote this exact passage · from the majority“‘Probable cause to make a misdemeanor arrest without a warrant exists when the facts and circumstances within the knowledge of the arresting officer are sufficient to warrant a prudent man in believing that a misdemeanor is being committed in his presence.’ Syl., Simon v. West Virginia Dep’t of Motor Vehicles, 181 W.Va. 267 , 382 S.E.2d 320 (1989).”
2 later decisions quote this exact passage · from the majority“(a) If any person under arrest as specified in section four of this article refuses to submit to any secondary chemical test, the tests shall not be given: Provided, That prior to the refusal, the person is given an oral warning and a written statement advising him or her that his or her refusal to submit to the secondary test finally designated will result in the revocation of his or her license to operate a motor vehicle in this state for a period of at least forty-five days and up to life; and that after fifteen minutes following the warnings the refusal is considered final.”
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.