Topic: probation is a matter of grace and not a matter of right. · Go Syfert
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Topic #3552

10 canonical passages across 8 cases, quoted by 90 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Rose.

#Case FlagCanonical passage Citers
1 State v. Rose Anchor
wva · 1972
green “probation is a matter of grace and not a matter of right.” 27
2 State Ex Rel. Strickland v. Melton
wva · 1968
green “probation is not a sentence for a crime but instead is an act of grace upon the part of the state to a person who has been convicted of a crime.” 12
3 Winter Ex Rel. Winter v. MacQueen
wva · 1977
green “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.” 10
4 State v. Duke
wva · 1997
green “the decision as to whether the imposition of probation is appropriate in a certain case is entirely within the circuit court's discretion.” 10
5 State v. Miller
wva · 1983
green “the matter of probation is within the sound discretion of the trial court.” 7
6 State v. Rose
wva · 1972
green “probation is a matter of grace and not a matter of right.' syllabus point 1, state v. rose, 156 w.va. 342 , 192 s.e.2d 884 (1972).” 5
7 State Ex Rel. Strickland v. Melton
wva · 1968
green “probation is 'simply one of the devices of an enlightened system of penology which has for its purpose the reclamation and rehabilitation of the criminal.” 5
8 State v. Loy
wva · 1961
green “a defendant convicted of a crime has no absolute right to probation.” 5
9 State v. Jones
wva · 2004
green “probation is a matter of grace and not a matter of right.” 5
10 State ex rel. Riffle v. Thorn
wva · 1969
neutral “probation or suspension of sentence comes as an act of grace to one convicted of a crime.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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