223 W. Va. 183 - State v. Cowley’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Court instructs the jury that the testimony of M.H., which was elicited during this trial, was admitted for a very limited purpose, and you must consider the testimony of M.H. only for the limited purpose for which it was admitted. It was admissible only to prove the so-called common plan, which means the method of operation of the defendant. It must not be considered by you for any other purpose. Specifically, you may not consider it in establishing that the defendant was a person of bad character and that he acted in conformity with that bad character, and therefore, he forcibly raped or attempted to rape the victim named in the indictment. It is only admissible to prove a common plan, which means the method of operation of the defendant.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. McFarland

2. “In this case inquiry into the juror's qualifications was made primarily by appellant's counsel-not the trial judge. A complete reading of the record in this case reveals that the juror acknowledged in clear and unequivocal terms that there are "two sides to every story" and that she could serve without any bias or prejudice. Based upon our review of the record we cannot say that the circuit court abused its discretion in denying the appellant's motion to strike juror Melinda T. for cause. Therefore, we find that appellant's argument with respect to this juror to be without merit.”

   1 later decision quote this exact passage · from the majority
   e.g. 223 W. Va. 843 - State v. Newcomb