195 W. Va. 551 - State v. Sutphin’s Empirical Analysis
1995
Citation profile
70 state decisions
How this case has been cited
Cited by 70 later decisions — most recently October 2017 · most notably 198 W. Va. 620 - State v. Crabtree (1996), 196 W. Va. 473 - Province v. Province (1996)
70 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 Irvin v. Dowd · Remmer v. United States · Hullum v. United States · Thompson v. United States · 192 W. Va. 189 - Painter v. Peavy
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““‘In order to qualify as an excited utterance under W. Va. R. Evid. 803(2): (1) the declarant must have experienced a [startling] event or condition; (2) the declarant must have reacted while under the stress or excitement of that event and not from reflection and fabrication; and (3) the statement must relate to the startling event or condition.’ Syl. pt. 7, State v. Sutphin, 195 W.Va. 551 , 466 S.E.2d 402 (1995).””
7 later decisions quote this exact passage““A motion for a new trial on the ground of the misconduct of a jury is addressed to the sound discretion of the court, which as a rule will not be disturbed on appeal where it appears that defendant was not injured by the misconduct or influence complained of. The question as to whether or not a juror has been subjected to improper influence affecting the verdict, is a fact primarily to be determined by the trial judge from the circumstances, which must be clear and convincing to require a new trial, proof of mere opportunity to influence the jury being insufficient.” Syllabus Point 7, State v. Johnson, 111 W.Va. 653 , 164 S.E. 31 (1932).”
6 later decisions quote this exact passage“In any case where there are allegations of any private communication, contact, or tampering, directly or indirectly, with a juror during a trial about a matter pending before the jury not made in pursuance of known rules of the court and the instructions and directions of the court made during the trial with full knowledge of the parties; it is the duty of the trial judge upon learning of the alleged communication, contact, or tampering, to conduct a hearing as soon as is practicable, with all parties present; a record made in order to fully consider any evidence of influence or prejudice; and thereafter to make findings and conclusions as to whether such communication, contact, or tampering was prejudicial to the defendant to the extent that he has not received a fair trial.”
5 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.