194 W. Va. 569 - State v. Phillips’s Empirical Analysis
1995
Citation profile
79 state decisions
How this case has been cited
Cited by 79 later decisions — most recently June 2017 · most notably 197 W. Va. 588 - State v. Miller (1996), Capano v. State (2001)
79 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 Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Batson v. Kentucky · Ohio v. Roberts · Irvin v. Dowd · Ross v. Oklahoma
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The language of W.Va.Code, 62-3-3 (1949), grants a defendant the specific right to reserve his or her peremptory challenges until an unbiased jury panel is assembled. Consequently, if a defendant validly challenges a prospective juror for cause and the trial court fails to remove the juror, reversible error results even if a defendant subsequently uses his peremptory challenge to correct the trial court's error.”
8 later decisions quote this exact passage · from the majority““A trial court’s failure to remove a biased juror from a jury panel does not violate a defendant’s right to a trial by an impartial jury as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and by Section 14 of ' Article III of the Wbst Virginia Constitution. In order to succeed in a claim that his or her constitutional right to an impartial jury was violated, a defendant must affirmatively show prejudice.” Syl. Pt. 7, State v. Phillips, 194 W.Va. 569 , 461 S.E.2d 75 (1995).”
3 later decisions quote this exact passage“break down the narrative and determine the separate admissibility of each 'single declaration or remark.'”
3 later decisions 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.