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← 189 W. Va. 504 - Higginbotham v. Clark

189 W. Va. 504 - Higginbotham v. Clark’s Empirical Analysis

1993

Citation profile

6
cited by 6 later decisions
1
states following
July 2009
most recently cited

4 state decisions

Relationships

Relies on Mathews v. Eldridge · Lynch v. United States · United States v. Bess · 177 W. Va. 323 - Hayseeds, Inc. v. State Farm Fire & Cas. · 160 W. Va. 248 - North v. West Virginia Board of Regents

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. “Applicable standards for procedural due process, outside the criminal area, may depend upon the particular circumstances of a given case. However, there are certain fundamental principles in regard to procedural due process embodied in Article III, Section 10 of the West Virginia Constitution, which are[:] First, the more valuable the right sought to be deprived, the more safeguards will be interposed. Second, due process must generally be given before the deprivation occurs unless a compelling public policy dictates otherwise. Third, a temporary deprivation of rights may not require as large a measure of procedural due process protection as a permanent deprivation.”
    1 later decision quote this exact passage · from the concurrence

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.