199 W. Va. 417 - State v. Browning’s Empirical Analysis
1997
Citation profile
45 state decisions
How this case has been cited
Cited by 45 later decisions — most recently June 2019 · most notably 203 W. Va. 561 - State v. Salmons (1998), 208 W. Va. 144 - State v. Allen (2000)
45 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 Yates v. Evatt · 194 W. Va. 657 - State v. Guthrie · 193 W. Va. 229 - McDougal v. McCammon · 196 W. Va. 208 - State Ex Rel. Cooper v. Caperton · 197 W. Va. 588 - State v. Miller
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]his Court will not consider an error which is not properly preserved in the record nor apparent on the face of the record.”
4 later decisions quote this exact passage“"[t]he Court instructs the jury that in a prosecution for murder, if the State proves beyond a reasonable doubt that the defendant, without lawful justification, excuse or provocation, fired a deadly weapon in the direction where a person was located then from such circumstances it may be inferred that the defendant acted with malice and the intent to kill."”
3 later decisions quote this exact passage““[a] jury must consider the circumstances in which the killing occurred to determine whether it fits into the first degree category. Relevant factors include the relationship of the accused and the victim and its condition at the time of the homicide; whether plan or preparation existed either in terms of the type of weapon utilized or the place where the killing occurred; and the presence of a reason or motive to deliberately take life. No factor is controlling. Any one or all taken together may indicate actual reflection on the decision to kill. This is what our statute means by ‘willful, deliberate and premeditated killing.’ ” State v. Guthrie, 194 W.Va. 667, 675 [n. 23], 461 S.E.2d 163 , 181 n. 23 (1995).”
2 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.