740 F. Supp. 2d 759 - Barbe v. McBride’s Empirical Analysis
2010
Citation profile
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636
Relies on Anderson v. Liberty Lobby, Inc. · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Jackson v. Virginia · Williams v. Taylor · Thomas v. Arn
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“committed the offense of “Sexual Assault in the Second Degree” in that he unlawfully and feloniously engaged in sexual intercourse with B.H., a person known to the Grand Jury without that person’s consent, and the lack of consent resulted from forcible compulsion, against the peace and dignity of the State and in violation of West Virginia Code § 61-8B-4(a)(2). *”
1 later decision quote this exact passage · from the majority“(1) Such person engages in sexual intercourse or sexual intrusion with another person without the person’s consent, and the lack of consent results from forcible compulsion; or (2) Such person engages in sexual intercourse or sexual intrusion with another person who is physically helpless.”
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.