196 W. Va. 578 - State v. Berrill’s Empirical Analysis
1996
Citation profile
2 federal appellate · 16 state decisions
How this case has been cited
Cited by 22 later decisions — most recently February 2013
2 federal appellate · 16 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 Broadrick v. Oklahoma · United States v. O'Brien · National Association for Advancement of Colored People v. State of Alabama Patterson · Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc. · Clark v. Community for Creative Non-Violence
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If concerned citizens were permitted to assert their First Amendment rights by addressing public meetings at will, without following established procedures, the governmental body would cease to function and no meaningful communication could occur. “First Amendment rights are not a license to trample upon the rights of others. They must be exercised responsibly and without depriving others of their rights, the enjoyment of which is equally precious.” Barker v. Hardway, 283 F.Supp. 228, 238-39 (S.D.W.Va.1968) (quoting Baines v. City of Danville, 337 F.2d 579 , 586 (4th Cir.1964)), aff'd, 399 F.2d 638 (4th Cir.1968), cert. denied, 394 U.S. 905 , 89 S.Ct. 1009 , 22 L.Ed.2d 217 (1969).”
1 later decision quote this exact passage · from the concurrence“Before imposing sentence the court shall ... (C) address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.” W. Va. R.Crim. P. Rule 32(a)(1) (as amended, effective Feb. 1, 1985). 6 . See syllabus point two of Berrill , holding that ‘[t]o trigger application of the”
1 later decision quote this exact passage · from the majority“In the circuit and magistrate courts of this state, the judge or magistrate shall, sua sponte, afford to any person about to be sentenced the right of allocution before passing sentence.”
1 later decision quote this exact passage · from the majority
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.