209 W. Va. 500 - State v. Dews’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “when a defendant offers to stipulate to . . . prior convictions Old Chief has provided the basis for some state courts to preclude the mention of a prior conviction that is a status element of the underlying offense. " Id. at 321 (emphasis added). Thus, that court held "that when a prior conviction(s) constitutes a status element of an offense, a defendant may offer to stipulate to such prior conviction(s)”

   1 later decision quote this exact passage
   e.g. State v. Murray

2. “the court should craft its remarks and instructions to the jury, including informing the jury of the charge against the defendant and the verdict form, in a fashion that omits reference to stipulated-to status elements of the offense, and that authorizes the jury to base its verdict upon those elements of the offense that are not stipulated to by the defendant.”

   1 later decision quote this exact passage
   e.g. State v. Murray

3. “[i]f a defendant makes an offer to stipulate to a prior conviction(s) that is a status element of an offense, the trial court must permit such stipulation and preclude the state from presenting any evidence to the jury regarding the stipulated prior conviction(s).”

   1 later decision quote this exact passage
   e.g. State v. Murray