175 W. Va. 652 - State v. Ball’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “No child who has been convicted of an offense under the adult jurisdiction of the circuit court shall be held in custody in a penitentiary of this State: Provided, That such child may be transferred from a secure juvenile facility to a penitentiary after he shall attain the age of eighteen years if, in the judgment of the commissioner of the department of corrections and the court which committed such child, such transfer is appropriate: Provided, however, That any other provision of this Code to the contrary notwithstanding, prior to such transfer the child shall be returned to the sentencing court for the purpose of reconsideration and modification of the imposed sentence, which shall be based upon a review of all records and relevant information relating to the child's rehabilitation since his conviction under the adult jurisdiction of the court.”

   1 later decision quote this exact passage
   e.g. 200 W. Va. 86 - State v. George Anthony W.

2. “have authority under W.Va.Code, 49-5-13(e), and W.Va.Code, 49-5-13(b)(5), to sentence a person who commits a homicide while a juvenile to the Anthony Center for Youthful Male Offenders even though he is sentenced as an adult.”

   1 later decision quote this exact passage
   e.g. 200 W. Va. 86 - State v. George Anthony W.

3. “[t]he entire tenor of W.Va.Code, 49-5-13, is to provide substantial flexibility for sentencing of persons who committed offenses when they were juveniles.”

   1 later decision quote this exact passage
   e.g. 201 W. Va. 703 - State v. KRISTOPHER G.