State v. Flippo’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 42 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To prevail under the inevitable discovery exception to the exclusionary rule, Article III, Section 6 of the West Virginia Constitution requires the State to prove by a preponderance of the evidence: (1) that there was a reasonable probability that the evidence would have been discovered by lawful means in the absence of police misconduct; (2) that the leads making the discovery inevitable were possessed by the police at the time of the misconduct; and (3) that the police were actively pursuing a lawful alternative line of investigation to seize the evidence prior to the time of the misconduct.”

   6 later decisions quote this exact passage · from the majority
   e.g. State of West Virginia v. Johnnie Ray Farley · State of West Virginia v. Cortez L. Barefield

2. “It is well established that the “‘[fjailure to observe a constitutional right constitutes reversible error unless it can be shown that the error was harmless beyond a reasonable doubt.’ Syllabus point 5, State ex rel. Grob v. Blair, 158 W.Va. 647 , 214 S.E.2d 330 (1975).” Syllabus point 14, State v. Salmons, 203 W.Va. 561 , 509 S.E.2d 842 (1998).”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Frazier · State v. Garner

3. “Under the inevitable discovery rule, unlawfully obtained evidence is not subject to the exclusionary rule if it is shown that the evidence would have been discovered pursuant to a properly executed search warrant.”

   2 later decisions quote this exact passage · from the majority
   e.g. State of West Virginia v. Cortez L. Barefield · 223 W. Va. 843 - State v. Newcomb