227 W. Va. 537 - State v. Kaufman’s Empirical Analysis
2011
Citation profile
19
cited by 19 later decisions
2
states following
August 2024
most recently cited
19 state decisions
Relationships
Relies on Crawford v. Washington · Ohio v. Roberts · Davis v. Washington · United States v. Dunkel · 196 W. Va. 294 - State v. LaRock
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Unlike testimonial out-of-court statements, nontestimonial statements may be admissible in a criminal trial if it is shown that the witness was unavailable for trial, and that the witness’s statement bore adequate indicia of reliability. See Mechling, 219 W.Va. at 371 , 633 S.E.2d at 316 . In syllabus point five of James Edward S., we held that [ejven though the unavailability requirement has been met, the Confrontation Clause contained in the Sixth Amendment to the United States Constitution mandates the exclusion of evidence that does not bear adequate indicia of reliability. Reliability can usually be inferred where the evidence falls within a firmly rooted hearsay exception. However, where such statements are not offered under a hearsay exception considered to be “firmly-rooted,” then the statements are presumptively unreliable and must be excluded “at least absent a showing of particularized guarantees of trustworthiness.’ ” James Edward S., 184 W.Va. at 414, 400 S.E.2d at 849 (internal quotations omitted).”
1 later decision quote this exact passage“Pursuant to Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), the Confrontation Clause contained within the Sixth Amendment to the United States Constitution and Section 14 of Article III of the West Virginia Constitution bars the admission of a testimonial statement by a witness who does not appeal' at trial, unless the witness is unavailable to testify and the accused had a prior opportunity to cross-examine the witness. Syl. Pt. 6, State v. Mechling, 219 W.Va. 366 , 633 S.E.2d 311 (2006).”
1 later decision quote this exact passage“‘Generally, out-of-court statements made by someone other than the declarant while testifying are not admissible unless: 1) the statement is not being offered for the truth of the matter asserted, but for some other purpose such as motive, intent, state-of-mind, identification or reasonableness of the party’s action; 2) the statement is not hearsay under the rules; or 3) the statement is hearsay but falls within an exception provided for in the rules.’ Syl. Pt. 1, State v. Maynard, 183 W.Va. 1 , 393 S.E.2d 221 (1990).”
1 later decision quote this exact passage
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.