222 W. Va. 284 - State v. Lowery’s Empirical Analysis
2008
Citation profile
18
cited by 18 later decisions
1
states following
March 2017
most recently cited
18 state decisions
Relationships
Relies on 196 W. Va. 178 - Burgess v. Porterfield · 195 W. Va. 512 - Gentry v. Mangum · 172 W. Va. 295 - State v. Williams · 171 W. Va. 342 - State v. Richey · Norris v. Risley
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The decision to declare a mistrial, discharge the jury and order a new trial in a criminal case is a matter within the sound discretion of the trial court. A trial court is empowered to exercise this discretion only when there is a “manifest necessity” for discharging the jury before it has rendered its verdict. This power of the trial court must be exercised wisely; absent the existence of manifest necessity, a trial court’s discharge of the jury without rendering a verdict has the effect of an acquittal of the accused and gives rise to a plea of double jeopardy.”
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.