Davis v. Fox’s Empirical Analysis
2012
Citation profile
7
cited by 7 later decisions
2
states following
April 2019
most recently cited
3 state decisions
Relationships
Relies on People v. Washington · 199 W. Va. 12 - State Ex Rel. Hoover v. Berger · Commonwealth v. Redline · 172 W. Va. 295 - State v. Williams · State v. Jackson
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.
“[t]o date, the offense of felony murder, which has its origins in the common law of this state, has always involved the death of a victim of the felony or a police officer. See State v. Wade , 200 W. Va. 637 , 490 S.E.2d 724 (1997) ; Mayle , 178 W. Va. at 28 , 357 S.E.2d at 222 , State v. Williams , 172 W. Va. 295 , 305 S.E.2d 251 (1983) ; State v. Dawson , 129 W. Va. 279 , 40 S.E.2d 306 (1946) ; State v. Beale , 104 W. Va. 617 , 630, 141 S.E. 7 , 12 (1927). Consequently, we flatly disagree with Petitioner's suggestion that our settled jurisprudence "offer[s] no insight on whether the Felony Murder statute requires proof of the death of the victim." At common law, a conviction for felony murder predicated on the offense of robbery required a showing of a homicide committed by the defendant or by an accomplice in the attempt to commit or in the commission of a robbery . See Sims , 162 W. Va. at 223 , 248 S.E.2d at 841 ; Robertson v. Commonwealth , 1 Va.Dec. 851 , 856, 20 S.E. 362 , 364 (1894).”
1 later decision quote this exact passage“' "[T]he elements which the State is required to prove to obtain a conviction of felony murder are: (1) the commission of, or attempt to commit, one or more of the enumerated felonies; (2) the defendant's participation in such commission or attempt; and (3) the death of the victim as a result of injuries received during the course of such commission or attempt.”
1 later decision quote this exact passage“[t]he crime of felony-murder in this State does not require proof of the elements of malice, premeditation or specific intent to kill. It is deemed sufficient if the homicide occurs accidentally during the commission of, or the attempt to commit, one of the enumerated felonies .”
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.