190 W. Va. 315 - Smith v. Bechtold’s Empirical Analysis
1993
Citation profile
20 state decisions
Relationships
Relies on 172 W. Va. 627 - Shepherdstown Volunteer Fire Dept. v. State Ex Rel. State Human Rights Commission · 168 W. Va. 366 - In the Interest of S. C. · 173 W. Va. 565 - Johnson v. State Department of Motor Vehicles · 165 W. Va. 791 - Jennings v. Smith · 111 W. Va. 637 - Central Trust Co. v. Cook
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 20 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.””
2 later decisions quote this exact passage“[I]t is not appropriate for an appellate body to grant relief to a party who invites error in a lower tribunal.”
2 later decisions quote this exact passage“Before any stay may be granted in an appeal from a decision of the Commissioner of the Department of Motor Vehicles revoking a driver’s license, the circuit court must conduct a hearing where evidence is adduced and, “upon the evidence presented,” must make a finding that there is a substantial probability that the appellant will prevail upon the merits and that he will suffer irreparable harm if a stay is not granted.”
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.