192 W. Va. 109 - State v. Long’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An order for home detention of an offender under section four [§ 62-1 IB-4] of this article shall include, but not be limited to, the following: (1) A requirement that the offender be confined to the offender’s home at all times except when the offender is: (A) Working at employment approved by the circuit court or magistrate, or traveling to or from approved employment; (B) Unemployed and seeking employment approved for the offender by the circuit court or magistrate; (C) Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved for the offender by the circuit court or magistrate; (D) Attending an educational institution or a program approved for the offender by the circuit court or magistrate; (E) Attending a regularly scheduled religious service at a place of worship; (F) Participating in a community work release or community service program approved for the offender by the circuit eourt[ ], in circuit court cases; or (G) Engaging in other activities specifically approved for the offender by the circuit court or magistrate. (2) Notice to the offender of the penalties which may be imposed if the circuit court or magistrate subsequently finds the offender to have violated the terms and conditions in the order of home detention. (3) A requirement that the offender abide by a schedule, prepared by the probation officer in circuit court cases; or by the supervisor or sheriff in magistrate court cases, specifically setting forth th”

   2 later decisions quote this exact passage
   e.g. 197 W. Va. 518 - State v. Hughes · 195 W. Va. 282 - State v. Lewis

2. “[t]he entire statutory scheme indicates that home confinement is designed to place substantial restrictions on the offender. A violation of these restrictions results in the offender being subject to incarceration under the penalties prescribed for the crime. The penal nature of home detention is recognized under W.Va.Code § 62-11B-9(b), as it provides credit for time spent in home confinement towards the imposition of any sentence following a violation of home confinement.”

   1 later decision quote this exact passage
   e.g. 197 W. Va. 518 - State v. Hughes

3. “home detention ... may be used as an alternative sentence to any period of incarceration required by this section.”

   1 later decision quote this exact passage
   e.g. 195 W. Va. 282 - State v. Lewis