190 W. Va. 617 - State v. Kilmer’s Empirical Analysis
1993
Citation profile
41 state decisions
How this case has been cited
Cited by 41 later decisions — most recently June 2015 · most notably State v. Smith (1997), 194 W. Va. 3 - State v. Miller (1995)
41 state decisions — followed in 11 states
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 Miranda v. State of Arizona Vignera · Edwards v. Arizona · Schmerber v. State of California · Rhode Island v. Innis · California v. Trombetta
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he affidavit at issue is plainly inadequate. The sole item in support of the affidavit was a hearsay statement, by an unknown declarant, which tended to show that the deceased was last seen in the company of the defendant. While hearsay may provide probable cause for the issuance of a search warrant, we require the existence of information in the affidavit to corroborate the hearsay statement or to vouch for the declarant’s veracity.... The factual basis for this affidavit revealed no information that would provide any basis for substantiating the general hearsay statements. It was a “bare bones” affidavit[.]”
1 later decision quote this exact passage“It is the extremely rare case when this Court will find ineffective assistance of counsel when such a charge is raised as an assignment of error on a direct appeal. The prudent defense counsel first develops the record regarding ineffective assistance of counsel in a habeas corpus proceeding before the lower court, and may then appeal if such relief is denied. This Court may then have a fully developed record on this issue upon which to more thoroughly review an ineffective assistance of counsel claim.”
1 later decision quote this exact passage“Under the Fourth Amendment to the United States Constitution and Article III, Section 6 of the West Virginia Constitution, the validity of an affidavit for a search warrant is to be judged by the totality of the information contained in it. Under this rule, a conclusory affidavit is not acceptable nor is an affidavit based on hearsay acceptable unless there is a substantial basis for crediting the hearsay set out in the affidavit which can include the corroborative efforts of police officers.”
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.