208 W. Va. 144 - State v. Allen’s Empirical Analysis
2000
Citation profile
85 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Blockburger v. United States · 194 W. Va. 657 - State v. Guthrie · 157 W. Va. 640 - State v. Thomas · 196 W. Va. 294 - State v. LaRock · 161 W. Va. 517 - State v. Starkey
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well established that the word `shall,' in the absence of language in the statute showing a contrary intent on the part of the Legislature, should be afforded a mandatory connotation.”
5 later decisions quote this exact passage“Generally, `shall' commands a mandatory connotation and denotes that the described behavior is directory, rather than discretionary.”
5 later decisions quote this exact passage“As for the circuit court's decision to impose consecutive, rather than concurrent, sentences, we likewise find no abuse of discretion. At this juncture, however, we wish to emphasize that, while the members of this Court, had we been sentencing Allen for his numerous misdemeanor convictions, would not necessarily have ordered his sentences to run consecutively, this disagreement, standing alone, does not necessitate a reversal of the sentences imposed by the trial court.”
3 later decisions 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.