193 W. Va. 70 - State v. McClanahan’s Empirical Analysis
1994
Citation profile
4
cited by 4 later decisions
1
states following
July 2009
most recently cited
4 state decisions
Relationships
Relies on Allen v. United States · 81 Wash. 2d 628 - State v. Frazier · State v. Cain · State v. Kirtley · State v. Kirtley
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Legally there is a distinction between proof and evidence, and, for this reason, the Court disagrees with the defendant's claim that the State is under a burden to adduce rebuttal evidence. As is stated in 1 F. Cleckley, Handbook on Evidence for West Virginia Lawyers § 1-2(B) (1994): Proof is all of the evidence before the trier of fact relevant to a fact in issue which tends to establish the existence or nonexistence of such fact. While evidence is defined as information received, proof is the persuasion produced by a consideration of the evidence, i.e., the effect of evidence.”
1 later decision quote this exact passage · from the majority“apprehension of danger previously entertained,”
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.