200 W. Va. 356 - State v. Duke’s Empirical Analysis

Citation profile

32 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When reviewing the findings of fact and conclusions of law of a circuit court sentencing a defendant following a revocation of probation, we apply a three-pronged standard of review. We review the decision on the probation revocation motion under an abuse of discretion standard; the underlying facts are reviewed under a clearly erroneous standard; and questions of law and interpretations of statutes and rules are subject to a de novo review.”

   4 later decisions quote this exact passage
   e.g. 219 W. Va. 443 - State v. Inscore · 220 W. Va. 560 - State v. HOSBY

2. “'[A] defendant convicted of a crime has no absolute right to probation, probation being a matter of grace only, extended by the State to a defendant convicted of a crime, in certain circumstances and on certain conditions.’ ” (quoting State v. Loy, 146 W.Va. 308, 318 , 119 S.E.2d 826, 832 (1961))); Syl. pt. 1, State v. Rose, 156 W.Va. 342 , 192 S.E.2d 884 (1972) (”

   3 later decisions quote this exact passage
   e.g. 208 W. Va. 426 - State v. Shaw · 233 W. Va. 354 - State of West Virginia v. Rebecca F.

3. “the decision as to whether the imposition of probation is appropriate in a certain case is entirely within the circuit court's discretion.”

   2 later decisions quote this exact passage
   e.g. 222 W. Va. 139 - State v. KEESECKER · 241 W. Va. 706 - Christopher H. v. Michael Martin, Superintendent