State v. MDJ’s Empirical Analysis
1982
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently February 2014
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Williams v. Illinois · Tate v. Short · In Re Ruth M. Buehrer · State v. De Bonis · 159 W. Va. 482 - Louk v. Haynes
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A trial judge may order restitution as part of a "program of treatment or therapy" designed to aid in the rehabilitation of the child in a juvenile case when probation is granted under W.Va.Code, 49-5-13 [1978 amended 1988]. Such order, however, must be reasonable in its terms and within the child's ability to perform.”
2 later decisions quote this exact passage“An order imposing conditions of probation that are unreasonable or beyond the ability of the child to perform, is not an order of probation at all but rather a disguised order of commitment. The frustration that would arise from the child's inherent inability to comply with an unreasonable condition of probation would negate the purpose of the statutory scheme of rehabilitation. The result of such a condition would not be rehabilitation. Rather, it would give the probationer a sense of unfairness, injustice and bitterness towards the system because the chance to reform would not be present.”
1 later decision quote this exact passage“`[T]his is not to say that restitution must be painless. "`Probation has an inherent sting, and restrictions upon the freedom of the probationer are realistically punitive in quality.'”
1 later decision quote this exact passage
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.