200 W. Va. 280 - State v. Hinkle’s Empirical Analysis

Citation profile

89 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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a general rule, the refusal to give a requested jury instruction is reviewed for an abuse of discretion. By contrast, the question of whether a jury was properly instructed is a question of law, and the review is de novo.”

   8 later decisions quote this exact passage
   e.g. 214 W. Va. 241 - Wounaris v. West Virginia State College · 204 W. Va. 289 - State v. Doman

2. “[A]n instruction offered by the defense should be given if the proposed instruction: (1) is substantively correct, (2) is not covered substantially in the charge actually delivered to the jury, and (3) involves an important issue in the trial so the trial court’s failure to give the instruction seriously impairs the defendant’s ability to effectively present a defense.”

   2 later decisions quote this exact passage
   e.g. 204 W. Va. 267 - State v. Boggess · 220 W. Va. 289 - State v. Jett

3. “[W]e hold that unconsciousness (or automatism) is not part of the insanity defense, but is a separate claim which may eliminate the voluntariness of the criminal act. Moreover, the burden of proof on this issue, once raised by the defense, remains on the State to prove that the act was voluntary beyond a reasonable doubt.”

   1 later decision quote this exact passage · from the dissent
   e.g. State v. Ireland