168 W. Va. 330 - State v. Adkins’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: Okay. You don't deny that you have a prior felony drug conviction; do you, Monty? Because I have got your file in front of me showing March the 6th of '97 you pled guilty to Indictment No. 96-F-223, which was possession with intent to deliver crack cocaine. And you pled guilty and eventually on November 21st of '97 you got a one-to-fifteen year prison sentence. You don't deny that; do you? That you are the same person? [APPELLANT’S COUNSEL]: He wishes to stand silent on that. THE COURT: All right. Well, I have got your picture right here and Social Security number *? and everything and date of birth all turn out that you are the same person. And Chapter 60A, Article 4, Section 408 provides for second or subsequent offenses that a person can receive a term up to twice the term otherwise authorized for a second conviction, and in addition a fine can be twice the amount. I found — looking at your file I found a letter written by you in 1997 to Judge Cummings, who was the sentencing judge at that time. You were asking him basically for mercy and to reconsider the sentence.”

   1 later decision quote this exact passage
   e.g. 223 W. Va. 1 - State v. Rutherford

2. “"When any person is convicted of an offense and is subject to confinement in the penitentiary therefor, and it is determined, as provided in section nineteen [§ 61-11-19] of this article, that such person had been before convicted in the United States of a crime punishable by imprisonment in a penitentiary, the court shall, if the sentence to be imposed is for a definite term of years, add five years to the time for which the person is or would be otherwise sentenced. Whenever in such case the court imposes an indeterminate sentence, five years shall be added to the maximum term of imprisonment otherwise provided for under such sentence. ‘When it is determined, as provided in section nineteen hereof, that such person shall have been twice before convicted in the United States of a crime punishable by confinement in a penitentiary, the person shall be sentenced to be confined in the penitentiary for life.””

   1 later decision quote this exact passage
   e.g. 187 W. Va. 600 - State v. Jones

3. ““The teaching of our case law is that the primary purpose of the statute is to deter felony offenders, meaning persons who have been convicted and sentenced previously on a penitentiary offense, from committing subsequent felony offenses. The statute is directed at persons who persist in criminality after having been convicted and sentenced once or twice, as the case may be, on a penitentiary offense.” (Footnote omitted).”

   1 later decision quote this exact passage
   e.g. 187 W. Va. 600 - State v. Jones