217 W. Va. 733 - State Ex Rel. Stump v. Johnson’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n giving effect to the plain language contained in W. Va.Code § 17C-5A-la(e), a person pleading guilty or found guilty by a court or jury of driving under the influence of alcohol, controlled substances, or drugs, shall be considered "convicted," and the Commissioner has a mandatory duty to revoke the person's license to operate a motor vehicle in the State of West Virginia as provided by W. Va.Code § 17C-5Ala(a).”

   2 later decisions quote this exact passage · from the majority
   e.g. 221 W. Va. 713 - State Ex Rel. Baker v. Bolyard · 226 W. Va. 23 - Harrison v. Commissioner, Division of Motor Vehicles

2. “Neither a prosecuting attorney, law enforcement officer nor any other person has the authority to enter into an agreement that would prevent the Commissioner of the West Virginia Department of Motor Vehicles from carrying out his or her legislative responsibilities or to prevent or impede a law enforcement officer from presenting evidence of the arrest in the Commissioner’s license revocation administrative hearing.”

   1 later decision quote this exact passage · from the majority
   e.g. Cooper v. Stump

3. “It is well established that the word `shall,' in the absence of language in the statute showing a contrary intent on the part of the Legislature, should be afforded a mandatory connotation.”

   1 later decision quote this exact passage
   e.g. 219 W. Va. 557 - Helton v. Reed