State v. Harris’s Empirical Analysis

Citation profile

2 state decisions

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The test for determining whether a departure from State v. Highland, 174 W.Va. 525 , 327 S.E.2d 703 (1985), and W.Va.Code, 49-5-16(b) (1982), is permitted is two-fold: (1) Was the particular circumstance (the basis for the proposed departure) adequately taken into consideration at the time the plea agreement was accepted by the circuit court; and (2) If it was, were the plea and the plea agreement a knowing and intelligent waiver of the rights provided by Highland and W.Va.Code, 49-5-16(b). Thus, the most important inquiry is whether there is evidence of a knowing and intelligent waiver.”

   1 later decision quote this exact passage
   e.g. 207 W. Va. 259 - State v. Hayhurst

2. “[t]his sequential inquiry will properly focus the efforts of defense counsel and the prosecution upon the key issue raised on the appeal of an order denying a hearing under Highland : Has a defendant by his plea agreement knowingly and voluntarily waived his right to have the court determine at a later time whether to modify his sentence?”

   1 later decision quote this exact passage
   e.g. 207 W. Va. 259 - State v. Hayhurst

3. “Considering the unique circumstances of this case, we hold the provision of W.Va. Code, 49-5-16(b), providing for a hearing to determine the rehabilitation status of a juvenile can be waived if the waiver is voluntary and intelligent and if an eviden-tiary hearing would serve no useful purpose as contemplated under Highland.”

   1 later decision quote this exact passage
   e.g. 207 W. Va. 259 - State v. Hayhurst