210 W. Va. 372 - State v. Palmer’s Empirical Analysis
2001
Citation profile
14
cited by 14 later decisions
1
states following
May 2017
most recently cited
14 state decisions
Relationships
Relies on 197 W. Va. 588 - State v. Miller · United States v. Forbes · 172 W. Va. 138 - State v. Hall · 198 W. Va. 298 - State v. Head · 172 W. Va. 247 - State v. Meadows
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Rule 12(b)(2) of the West Virginia Rules of Criminal Procedure requires that a defendant must raise any objection to an indictment prior to trial. Although a challenge to a defective indictment is never waived, this Court literally will construe an indictment in favor of validity where a defendant fails timely to challenge its sufficiency. Without objection, the indictment should be upheld unless it is so defective that it does not, by any reasonable construction, charge an offense under West Virginia law or for which the defendant was convicted.”
1 later decision quote this exact passage · from the majority“When reviewing the findings of fact and conclusions of law of a circuit court sentencing a defendant following a revocation of probation, we apply a three-pronged standard of review. We review the decision on the probation revocation motion under an abuse of discretion standard; the underlying facts are reviewed under a clearly erroneous standard; and questions of law and interpretations of statutes and rules are subject to a de novo review.”
1 later decision quote this exact passage · from the majority“The purpose behind this rule is to prevent a criminal defendant from ‘sandbagging’ or deliberately foregoing raising an objection to an indictment so that the issue may later be used as a means of obtaining a new trial following conviction. See 4 Wayne R. LaFave et al., Criminal Procedure § 19.1(d), at 741 (2d ed.1999). The rule we announced in Miller now makes this stratagem extremely perilous.”
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.