226 W. Va. 487 - State v. Smith’s Empirical Analysis
2010
Citation profile
2 state decisions
Relationships
Relies on Burdeau v. McDowell · 194 W. Va. 657 - State v. Guthrie · 201 W. Va. 108 - Walker v. West Virginia Ethics Commission. · 169 W. Va. 366 - State v. Goodnight · 201 W. Va. 271 - State v. Lucas
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When an attorney is sought to be disqualified from representing his client because an opposing party desires to call the attorney as a witness, the motion for disqualification should not be granted unless the following factors can be met: First, it must be shown that the attorney will give evidence material to the determination of the issues being litigated; second, the evidence cannot be obtained elsewhere; and, third, the testimony is prejudicial or may be potentially prejudicial to the testifying attorney’s client.” Syllabus Point 3, Smithson v. U.S. Fidelity & Guaranty Company, 186 W.Va. 195 , 411 S.E.2d 850 (1991).”
1 later decision quote this exact passage · from the majority“In reviewing challenges to the findings and conclusions of the circuit court, we apply a two-prong deferential standard of review. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly erroneous standard. Questions of law are subject to a de novo review.”
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.