212 W. Va. 13 - Butcher v. Miller’s Empirical Analysis

Citation profile

4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I concur with the result articulated by the majority opinion. I write separately to address a disturbing trend in the manner in which this Court periodically chooses to present new points of law. -While the majority opinion correctly decides the substantive legal matter, its pronouncements are framed within the context of a per curiam opinion and no new syllabus points were presented to formalize the ruling. As Justice Workman astutely observed in her dissent to State v. Lopez, 197 W.Va. 566 , 476 S.E.2d 227 (1996), This case portrays the increasing use of per curiam opinions to alter the law as it currently exists in West Virginia while declining to enunciate the change in a new syllabus point. It illustrates an evolving problem that this Court should correct. Although this is not the first example of this phenomenon, it is the one least justified. In the past some good reason has existed. It has occurred where there has been a “compromise” decision. It has occurred when the membership of the Court has been in a state of flux, with all the accompanying philosophical shifting, and a “temporary” court had the good judgment to recognize that it was not the time to make major policy changes in the law. None of those phenomenon [sic] are present here.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 234 W. Va. 143 - State of West Virginia v. Marcus Patrele McKinley

2. “[a]ny person who drives a motor vehicle inthis state is considered to have given his or her consent by the operation of the motor vehicle to a preliminary breath analysis and a secondary chemical test of either his or her blood, breath or urine for the purposes of determining the alcoholic content of his or her blood.... Any person to whom a preliminary breath test is administered who is then arrested shall be given a written statement advising him or her that his or her refusal to submit to the secondary chemical test pursuant to subsection (d) of this section, will result in the revocation of his or her license to operate a motor vehicle in this state for a period of at least one year and up to life.”

   1 later decision quote this exact passage · from the majority
   e.g. Patricia S. Reed, Commissioner WV DMV v. Robin J. Riner