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← 211 W. Va. 285 - O'DELL v. Miller

211 W. Va. 285 - O'DELL v. Miller’s Empirical Analysis

2002

Citation profile

67
cited by 67 later decisions
3
states following
June 2019
most recently cited

67 state decisions

Relationships

Relies on 103 S. Ct. 247 - Beneficial Finance of Kansas, Inc. v. United States · Poythress v. Duncan · 201 W. Va. 108 - Walker v. West Virginia Ethics Commission. · 197 W. Va. 588 - State v. Miller · 159 W. Va. 738 - State v. Pendry

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

  1. “When considering whether to excuse a prospective juror for cause, a trial court is required to consider the totality of the circumstances and grounds relating to a potential request to excuse a prospective juror, to make a full inquiry to examine those circumstances and to resolve any doubts in favor of excusing the juror.”
    7 later decisions quote this exact passage · from the majority
  2. “Once a prospective juror has made a clear statement during voir dire reflecting or indicating the presence of a disqualifying prejudice or bias, the prospective juror is disqualified as a matter of law and cannot be rehabilitated by subsequent questioning, later retractions, or promises to be fair.”
    5 later decisions quote this exact passage · from the majority
  3. ““It is not enough if a juror believes that he can be impartial and fair. The court in exercising [its] discretion must find from all of the facts that the juror will be impartial and fair and not be biased consciously or subconsciously. A mere statement by the juror that he will be fair and afford the parties a fair trial becomes less meaningful in light of other testimony and facts which at least suggest the probability of bias. The court in exercising discretion must be convinced that a probability of bias of the juror does not exist. The test of a juror’s disqualification is the probability of bias or prejudice as determined by the court.””
    4 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.