222 W. Va. 439 - State v. Wears’s Empirical Analysis
2008
Citation profile
14
cited by 14 later decisions
2
states following
November 2017
most recently cited
14 state decisions
Relationships
Relies on Delaware v. Van Arsdall · Chambers v. Mississippi · Delaware v. Fensterer · 169 W. Va. 366 - State v. Goodnight · Quinn v. Haynes
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A determination of the probable falsity ■of other statements of being the victim of sexual misconduct made by an alleged victim of a sexual offense is not a determination of the admissibility of evidence regarding the statements, nor is it a determination that cross-examination on the other statements must be permitted. A falsity determination means only that evidence regarding the other statements is not to be considered as evidence of an alleged victim’s “sexual conduct” within the meaning of our rape shield law, W.Va.Code, 61-8B-11 [1986] and West Virginia Rule of Evidence 404(a)(3) [1994]. The evidence remains subject to all other applicable evidentiary requirements and considerations. Moreover, in the event that an ultimate determination is made that such evidence is admissible, the State retains the right to seek to rebut or impeach such evidence before the ultimate trier of fact.”
1 later decision quote this exact passage · from the majority“[a]ppellant should not be rewarded for his habitual criminal behavior.”
1 later decision 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.