162 W. Va. 140 - Jett v. Leverette’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n West Virginia there are fundamental statutory differences between probation and parole in the relationship they bear to the underlying criminal sentence. The term of probation has no correlation to the underlying criminal sentence, while parole is directly tied to it. In effect, there is a probation sentence which operates independently of the criminal sentence.”

   2 later decisions quote this exact passage
   e.g. 196 W. Va. 376 - State v. Martin · State v. Tanner

2. “(a) Release and supervision on parole of any person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government, shall be upon the following conditions: (1)That the parolee may not, during the period of his or her parole, violate any criminal law of this or any other state or of the United States; (2) That he or she may not, during the period of his or her parole, leave the state without the consent of the division; (3) That he or she shall comply with the rules prescribed by the division for his or her supervision by the parole officer; (4) That in every case in which the parolee for a conviction is seeking parole from an offense against a child, defined in section twelve [§ 61-8-12], article eight, chapter sixty-one of this code; or article eight-b [§§ 61-8B-1 et seq.] or eight-d [§§ 61-8D-1 et seq.] of said chapter, or similar convictions from other jurisdictions where the parolee is returning or attempting to return to this state pursuant to the provisions of article six [§§ 28-6-1 et seq.], chapter twenty-eight of this code, the parolee may not live in the same residence as any minor child nor exercise visitation with any minor child nor may he or she have any contact with the victim of the offense; and (5) That the parolee, and all federal or foreign state probationers and parolees whose supervision may have been undertaken by this state, is required to pay a fee, based on his or her ability to pay, not”

   1 later decision quote this exact passage
   e.g. State v. Tanner

3. ““Release on probation shall be upon the following conditions: “(1) That the probationer shall not, during the term of his probation, violate any criminal law of this or any other state, or of the United States. “(2) That he shall not, during the term of his probation, leave the State without the consent of the court which placed him on probation. “(3) That he shall comply with the rules and regulations prescribed by the court or by the board of probation and parole, as the case may be, for his supervision by the probation officer. “In addition, the court may impose, subject to modification at any time, any other conditions which it may deem advisable, including but not limited to any of the following: “(1) That he shall make restitution or reparation, in whole or in part, immediately or within the period of probation, to any party injured by the crime for which he has been convicted. “(2) That he shall pay any fine assessed and the costs of the proceeding in such installments as the court may direct. “(3) That he shall make contributions from his earnings, in such sums as the court may direct, for the support of his dependents.””

   1 later decision quote this exact passage
   e.g. 167 W. Va. 772 - Spencer v. Whyte