222 W. Va. 73 - State v. Ferguson’s Empirical Analysis
2008
Citation profile
4
cited by 4 later decisions
1
states following
September 2014
most recently cited
4 state decisions
Relationships
Relies on Texas v. New Mexico · Connecticut National Bank v. Germain · 185 W. Va. 269 - Helmick v. Potomac Edison Co. · 185 W. Va. 422 - State v. Julius · 132 W. Va. 675 - State v. Reppert
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The diminished capacity defense is available in West Virginia to permit a defendant to introduce expert testimony regarding a mental disease or defect that rendered the defendant incapable, at the time the crime was committed, of forming a mental state that is an element of the crime charged. This defense is asserted ordinarily when the offense charged is a crime for which there is a lesser included offense. This is so because the successful use of this defense renders the defendant not guilty of the particular crime charged, but does not preclude a conviction for a lesser included offense.”
2 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.