200 W. Va. 66 - State Ex Rel. Ring v. Boober’s Empirical Analysis
1997
Citation profile
8 state decisions
Relationships
Relies on Fuller v. Oregon · 196 W. Va. 178 - Burgess v. Porterfield · 149 W. Va. 740 - State Ex Rel. Appalachian Power Co. v. Gainer · United States v. Martin · 179 W. Va. 580 - State v. Neuman
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.
“The right of a criminal defendant to a jury trial is a fundamental constitutional guarantee provided in Article III, Section 14 of the West Virginia Constitution which states, in relevant part, that “[tjrials of crimes, and misdemeanors, unless herein otherwise provided, shall be by a jury of twelve men [or women.]” Article VIII, Section 10 otherwise provides, in relevant part, that a jury in a magistrate court “shall consist of six jurors who are qualified as prescribed by law.””
1 later decision quote this exact passage“The procedures set forth in W. Va.Code § 50-5-8(b) (1994) and Rule 5(c) of the West Virginia Rules of Criminal Procedure for Magistrate Courts are sufficient to inform a magistrate that the right to a jury trial, as provided for in Article III, Section 14 and Article VIII, Section 10 of the West Virginia Constitution, has been voluntarily, knowingly, and intelligently waived, so that W. Va.Code § 50-5-8(b) and Rule 5(e) preserve a defendant’s constitutional right to a jury trial.”
1 later decision quote this exact passage““any ensuing inaction is intentional conduct by the defendant indicating to the court that a jury trial has been waived. Because in this context any inaction constitutes intentional conduct, the court is not presuming ‘acquiescence in the loss of fundamental constitutional rights.’ Rather, the court is informed that the right has been voluntarily and knowingly waived.””
1 later decision 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.