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← 11 Va. App. 649 - Taylor v. Commonwealth

11 Va. App. 649 - Taylor v. Commonwealth’s Empirical Analysis

1991

Citation profile

34
cited by 34 later decisions
1
states following
April 2005
most recently cited

34 state decisions

Relationships

Relies on Bouie v. City of Columbia · Grady v. Corbin · Barrett v. Commonwealth · 8 Va. App. 400 - Kauffmann v. Commonwealth · Jones v. Commonwealth

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

  1. “for double jeopardy purposes. Even if an offense is not a necessarily included lesser offense, a successive prosecution for the offense may still be barred by double jeopardy. An offense may not be a”
    2 later decisions quote this exact passage · from the dissent
  2. “A violation of Code § 18.2-121 is an offense against the “land, dwelling, outhouse or any other building of another,” its “contents” or “use” of “such property free from interference.” Code § 18.2-91, statutory burglary, ... relies upon Code § 18.2-90 to identify its prohibited “acts.” Code § 18.2-90 includes offenses against properties not specified in Code § 18.2-121, i.e. ships, vessels, river craft. Thus, a violation of Code § 18.2-91 will not invariably and necessarily include a violation of Code § 18.2-121 [,] and the misdemeanor is, consequently, not a lesser included offense of either Code §§ 18.2-90 or 18.2-91.”
    1 later decision quote this exact passage · from the dissent
  3. “A lesser included offense is an offense which is composed entirely of elements that are also elements of the greater offense. Thus, in order for one crime to be a lesser included offense of another crime, every commission of the greater offense must also be a commission of the lesser offense.... As an exception to the American rule barring merger of criminal offenses, a criminal defendant is entitled to jury instructions for all lesser included offenses supported by the evidence.”
    1 later decision quote this exact passage · from the dissent

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.