210 W. Va. 651 - State v. Carey’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. “This case involves only an initial appearance in handcuffs which were removed shortly after he was brought into the courtroom. Most courts that have dealt with this question conclude that ordinarily it is not reversible error nor grounds for a mistrial to proceed to try a criminal defendant with a jury panel that may have seen him in handcuffs for a brief period of time prior to trial, (citations omitted)”

   1 later decision quote this exact passage · from the majority
   e.g. 217 W. Va. 535 - State v. Youngblood

2. “trial courts in the strongest possible terms to avoid allowing jurors to see a defendant in shackles—whether in the flesh, in photographs, or by any other method.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Longoria

3. “[a] litigant may not silently acquiesce to an alleged error, or actively contribute to such error, and then raise that error as a reason for reversal on appeal.”

   1 later decision quote this exact passage · from the majority
   e.g. 242 W. Va. 81 - Robert Smith, Administrator v. Carolyn Clark, M.D. and Cabell Huntington Hospital, Inc.