193 W. Va. 84 - State v. Farmer’s Empirical Analysis
1994
Citation profile
25
cited by 25 later decisions
2
states following
November 2008
most recently cited
25 state decisions
Relationships
Relies on Chapman v. State of California · Gerstein v. Pugh · Fahy v. Connecticut · Walton v. Arizona · California v. Arizona
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Pursuant to West Virginia’s kidnapping statute set forth in W. Va.Code, 61-2-14a [1965], a trial judge, for purposes of imposing a sentence on a defendant ... has the discretion to make findings ... as to whether ransom, money, or any other concession has been paid or yielded for the return of the victim. Because the findings by the trial judge are made solely for the purpose of determining the sentence to be imposed on a defendant and are not elements of the crime of kidnapping, West Virginia Constitution art. Ill, secs. 10 and 14, relating to a defendant’s due process rights and right to a trial by jury, are not violated.”
2 later decisions quote this exact passage“[I]f any person by force, threat, etc., takes, etc., or kidnaps any other person for the purpose of receiving ransom, money, or any other concession, he shall be guilty of a felony and imprisoned for life, without eligibility of parole, unless the jury recommends mercy. Additionally, W.Va.Code, 61-2-14a [1965] provides that if a person is returned without bodily harm, but after ransom, money or any other concession has been paid or yielded, he shall be imprisoned for a term of years of not less than twenty. Furthermore, W.Va.Code, 61-2-14a [1965] states that if the person is returned without bodily harm and without ransom, money or any other concession being paid or yielded, he shall be imprisoned for a term of years not less than ten.”
1 later decision quote this exact passage““ ‘Sentences imposed by the trial court, if within statutory limits and if not based on some unpermissible factor, are not subject to appellate review.’ Syl. pt. 4, State v. Goodnight, 169 W.Va. 366 , 287 S.E.2d 504 (1982).””
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.