230 W. Va. 229 - State v. Jonathan B.’s Empirical Analysis
2012
Citation profile
10
cited by 10 later decisions
1
states following
October 2017
most recently cited
10 state decisions
Relationships
Relies on Florida v. Royer · Illinois v. Rodriguez · Florida v. Jimeno · Gibson v. United States · 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he standard of review for a trial court’s admission of evidence pursuant to Rule 404(b) involves a three-step analysis. First, we review for clear error the trial court’s factual determination that there is sufficient evidence to show the other acts occurred. Second, we review de novo whether the trial court correctly found the evidence was admissible for a legitimate purpose. Third, we review for an abuse of discretion the trial court’s conclusion that the “other acts” evidence is more probative than prejudicial under Rule 4Q3.”
2 later decisions quote this exact passage“The record provided to the Court and the statements of counsel during oral argument indicate that a proper McGinnis hearing, in which the circuit court conducts an evaluation of the evidence pursuant to syllabus point 2 of McGinnis , never took place with regard to the pornographic file names. The circuit court did perform an examination of the evidence during the November 10, 2010, pretrial hearing, but this review of the evidence did not satisfy the requirements of McGinnis . The hearing was not in camera, the discussion of the pornographic file names in this hearing was pursuant to Jonathan B.’s motion to exclude the evidence, the court did not describe whether its findings were by a preponderance of the evidence, and the court did not give a limiting instruction regarding the evidence when it was first presented to the jury during trial. Perhaps the most problematic omission of the circuit court, however, was its failure to consider or discuss the requirement of Edward Charles L. that admissible Rule 404(b) evidence be close in time to the incident giving rise to the indictment. Because we find that the circuit court’s failure to hold a McGinnis hearing has rendered it unable to fully consider all of the evidentiary requirements of McGinnis and Edward Charles L. with regard to the pornographic file names, we conclude that the circuit court abused its discretion by allowing said evidence to be admitted at trial. We also find that because of the highly prejudicial nature of”
1 later decision quote this exact passage“Collateral acts or crimes may be introduced in cases involving child sexual assault or sexual abuse victims to show the perpetrator had a lustful disposition towards the victim, a lustful disposition towards children generally, or a lustful disposition to specific other children provided such evidence relates to incidents reasonably close in time to the incident(s) giving rise to the indictment. To the extent that this conflicts with our decision in State v. Dolin, 176 W.Va. 688 , 347 S.E.2d 208 (1986), it is overruled.”
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.