11 Va. App. 96 - Cherricks v. Commonwealth’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In determining whether the trial court properly exercised its discretionary powers, we look to the diligence of the moving party. . . . As well, we must determine if there is anything `in the circumstances to warrant the conclusion that the real purpose in moving for a continuance is to delay or evade trial and not to prepare for it.'"”

   2 later decisions quote this exact passage
   e.g. 51 Va. App. 369 - Johnson v. Commonwealth · 39 Va. App. 735 - Carter v. Commonwealth

2. ““[A] motion for a continuance in order to obtain the presence of a missing witness is addressed to the sound discretion of the trial court whose decision will not be reversed unless the record affirmatively shows an abuse of discretion.” This discretion, however, “must be exercised with due regard to the constitutional guaranty of a fair and impartial trial to one accused of crime, and the right to call for evidence in his favor.” In determining whether the trial court properly exercised its discretionary powers, we look to the diligence exercised by the moving party to locate the witness and secure his attendance at trial.”

   1 later decision quote this exact passage
   e.g. 16 Va. App. 513 - Gray v. Commonwealth

3. “Tension exists in instances where the prosecution does not recognize the exculpatory nature of evidence, or, as here, in good faith denies the exculpatory potential of the evidence and accordingly declines its production. . . . When the Commonwealth elects to withhold exculpatory evidence on the ground that it is not material, it does so at its own peril and with the realization that the trial court or an appellate court may hold otherwise, thereby invalidating a conviction.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Long