226 W. Va. 698 - State v. Eilola’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[plarole is not a right, and eligibility for parole does not guarantee the defendant’s release from prison. State v. Scott, 214 W.Va. 1, 7 , 585 S.E.2d 1, 7 (2003). See also State v. Lindsey, 160 W.Va. 284 , 291 233 S.E.2d 734 738-39 (1977) (“One convicted of a crime and sentenced to the penitentiary is never entitled to parole.”); Wanstreet v. Bordenkircher, 166 W.Va. 523, 536 , 276 S.E.2d 205, 213 (1981)("[T]here is no automatic right to parole once the prisoner crosses the threshold of eligibility.”) Eligibility for consideration of parole, however, is entitled to certain constitutional protections. See Adkins v. Bordenkircher, 164 W.Va. 292, 296 , 262 S.E.2d 885, 887 (1980) ("Parole eligibility is another facet of penal law scrutinized under the Ex Post Facto Clause.”) In Syl. Pt. 6, State v. Scott, 214 W.Va. 1 , 585 S.E.2d 1 , this Court recognized that the opportunity to appear before the Parole Board is a significant right that should be protected.... State v. Eilola, 226 W.Va. 698, 703 , 704 S.E.2d 698, 703 (2010). See also Syl. pt. 2, Rowe v. Whyte, 167 W.Va. 668 , 280 S.E.2d 301 (1981) (" 'Release on parole is a substantial liberty interest and the procedures by which it is granted or denied must satisfy due process standards.’ Syl. pt. 3, Tasker v. Mohn, [ 165 W.Va. 55 ], 267 S.E.2d 183 [(1980)].” (emphasis added)); State v. Lindsey, 160 W.Va. 284, 291 , 233 S.E.2d 734, 738-39 (1977) ("One convicted of a crime and sentenced to the penitentiary is never entitled to ”

   1 later decision quote this exact passage
   e.g. State v. Tanner

2. “[generally, “[sentences imposed by the trial court, if within statutory limits and if not based on some unpermissible factor, are not subject to appellate review.” Syl. Pt. 4, State v. Goodnight, 169 W.Va. 366 , 287 S.E.2d 504 (1982). However, where it is alleged that the circuit court has failed to impose a sentence consistent with the law, appellate review is warranted. “The Supreme Court of Appeals reviews sentencing orders [... ] under a deferential abuse of discretion standard, unless the order violates statutory or constitutional commands.” Syl. Pt. 1, [in part] State v. Lucas, 201 W.Va. 271 , 496 S.E.2d 221 (1997).”

   1 later decision quote this exact passage
   e.g. 233 W. Va. 346 - State of West Virginia v. Beth Bennett

3. “[T]here is no automatic right to parole once the prisoner crosses the threshold of eligibility.”) Eligibility for consideration of parole, however, is entitled to certain constitutional protections. See Adkins v. Bordenkircher, 164 W.Va. 292, 296 , 262 S.E.2d 885, 887 (1980) (”

   1 later decision quote this exact passage
   e.g. State v. Tanner