200 W. Va. 549 - State v. Wright’s Empirical Analysis
1997
Citation profile
8
cited by 8 later decisions
1
states following
October 2016
most recently cited
8 state decisions
Relationships
Relies on Blockburger v. United States · 194 W. Va. 657 - State v. Guthrie · 196 W. Va. 294 - State v. LaRock · 170 W. Va. 662 - State v. Neider · 187 W. Va. 136 - State v. Gill
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he test of determining whether a particular offense is a lesser included offense is that the lesser offense must be such that it is impossible to commit the greater offense without first having committed the lesser offense. An offense is not a lesser included offense if it requires the inclusion of an element not required in the greater offense.”
2 later decisions quote this exact passage · from the majority“[I]n this case, both convictions are predicated on a single act involving a single gunshot. In this ease, the elements of wanton endangerment include: (1) the defendant (2) did wantonly perform (3) with a firearm (4) an act (6) creating substantial risk of (6) death or serious bodily injury to another. And in this case, the elements of malicious assault include: (1) the defendant (2) maliciously (3) shot with a firearm [statute says “shoot, stab, cut or wound”] (4) causing bodily harm to the victim (5) with .intent to maim, disfigure, disable or kill.”
1 later decision quote this exact passage · from the majority“Any person who wantonly performs any act with a firearm which creates a substantial risk of death or serious bodily injury to another shall be guilty of a felony, and, upon conviction thereof, shall be confined in the penitentiary for a definite term of years of not less than one year nor more than five years, or, in the discretion of the court, confined in the county jail for not more than one year, or fined not less than two hundred fifty dollars nor more than two thousand five hundred dollars, or both.”
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.