226 W. Va. 535 - State v. LONGERBEAM’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the alleged criminal sex acts that took place at the defendant’s farm were, if proven, done while the defendant was acting as a custodian or person in a position of trust. The sex acts which occurred in the victim’s home, while the victim’s sleeping parents were in the home, were done, if proven, while the defendant was not acting as a custodian or person in [a] position, of trust.”

   1 later decision quote this exact passage · from the majority
   e.g. SER Carl L. Harris, Prosecuting Attorney v. Hon. John W. Hatcher, Judge

2. “The evidence indicates that the appellant was the victim’s uncle by marriage, and the appellant had access to the victim due to this fact. Further, the appellant’s access to the victim presupposed an assumption of control and supervision in that the children called the appellant and his wife for help in catching a loose hamster instead of waking their older sister.”

   1 later decision quote this exact passage · from the dissent
   e.g. SER Carl L. Harris, Prosecuting Attorney v. Hon. John W. Hatcher, Judge

3. “custodian” is defined in West Virginia Code § 61 — 8D—1 (4) (2010) as: a person over the age of fourteen years who has or shares actual physical possession or care and custody of a child on a full-time or temporary basis, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceeding.”

   1 later decision quote this exact passage · from the dissent
   e.g. SER Carl L. Harris, Prosecuting Attorney v. Hon. John W. Hatcher, Judge