215 W. Va. 132 - State v. Arbaugh’s Empirical Analysis
2004
Citation profile
10 state decisions
Relationships
Relies on 209 W. Va. 752 - State Ex Rel. Brandon L. v. Moats · Hartigan v. Board of Regents · 152 W. Va. 646 - State v. Reel · 206 W. Va. 573 - State v. Richards · 170 W. Va. 721 - State v. Patterson
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[u]nder article eight, section three of our Constitution, the Supreme Court of Appeals shall have the power to promulgate rules for all of the courts of the State related to process, practice, and procedure, which shall have the force and effect of law.”
2 later decisions quote this exact passage · from the concurrence“sentencing, and especially whether to grant probation or not, is usually best left to trial judges. This is so for several reasons. Chief among them is the fact that the trial judge sees the defendant in person, interacts with him or her, can see the defendant’s demeanor and attitude, and observes a hundred other subtle factors which enable the trial judge to determine the defendant’s remorse or lack thereof. Since this Court never sees the defendant, we cannot make the same crucial observations. Therefore, absent some truly horrible mistake, I would leave criminal sentencing and probation decisions to the sound discretion of our very wise trial judges.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.