194 W. Va. 28 - State Ex Rel. John Doe v. Troisi’s Empirical Analysis
1995
Citation profile
46 state decisions
How this case has been cited
Cited by 48 later decisions — most recently June 2016 · most notably 194 W. Va. 97 - Tennant v. Marion Health Care Foundation, Inc. (1995), 194 W. Va. 431 - State Ex Rel. United States Fidelity & Guaranty Co. v. Canady (1995)
46 state decisions
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 Brecht v. Abrahamson · Kirby v. Illinois · Engle v. Isaac · Kerr v. United States Dist. Court for Northern Dist. of Cal. · Upjohn Company v. United States
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The grand jury was originally created to carry out a vital and unique function in our criminal justice system. It is charged with the duty to investigate the possibility of criminal behavior____A grand jury’s quest for information ends once an offense is identified or a determination made that no crime was committed. A grand jury’s powers are so vast that many of the usual trial court procedures are suspended for grand jury proceedings. For example, a putative defendant in a grand jury proceeding does not have the right to have counsel present, unlike a defendant’s constitutional right to counsel after indictment____ However, a grand jury’s powers are not limitless and a circuit court not only has the power, but has an obligation to curb a grand jury’s overreaching---- As with other powers of the grand jury, the subpoena power is broad. Indeed, a grand jury’s subpoena duces tecum carries with it a presumption of validity____”
1 later decision quote this exact passage · from the concurrence““In determining whether to grant a rule to show cause in prohibition when a court is not acting in excess of its jurisdiction, this Court will look to the adequacy of other available remedies such as appeal and to the over-all economy of effort and money among litigants, lawyers and courts; however, this Court will use prohibition in this discretionary way to correct only substantial, clear-cut, legal errors plainly in contravention of a clear statutory, constitutional, or common law mandate which may be resolved independently of any disputed facts and only in cases where there is a high probability that the trial will be completely reversed if the error is not corrected in advance.””
1 later decision quote this exact passage · from the concurrence“1. Both parties must have contemplated that the attorney-client relationship did or would exist; 2. The advice must have been sought by the client from the attorney in his capacity as a legal adviser; 3. The communication between the attorney and the client must have been identified to be confidential; 4. There must be no evidence that the client intentionally waived the privilege.”
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.