12 Va. App. 643 - Fortune v. Commonwealth’s Empirical Analysis
1991
Citation profile
3 federal appellate · 26 state decisions
How this case has been cited
Cited by 31 later decisions — most recently February 2012 · most notably United States v. Morin (1996), 21 Va. App. 693 - Bell v. Commonwealth (1996)
3 federal appellate · 26 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 Interstate Circuit, Inc. v. City of Dallas · United States v. Joseph A. Chase, United States of America v. Robert H. Parrish, United States of America v. Wyatt J. Roy, Jr. · United States v. Escobar de Bright · Burns v. Board of Sup'rs of Stafford County · Cartwright 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a mandatory minimum term of five years for a second or subsequent conviction.” . The parties and the trial court noted that the recommended sentencing range was high because appellant had a contemporaneous conviction in Henrico County for robbery. Appellant was convicted in that case on August 18, 2010. The trial court noted that had appellant been sentenced in the Chesterfield County circuit court, the sentence range would have been lower. . In the sentencing order, the trial court noted that "3 years is the minimum mandatory sentence” for the use of a firearm conviction. . Code § 18.2-53.1 also provides that a defendant shall be sentenced "to a mandatory minimum term of five years for a second or subsequent conviction under the provisions of this section.” Because it is undisputed that appellant has only one conviction of use of a firearm in the commission of a felony, we refer only to the applicable mandatory minimum term of three years imprisonment. . Ordinarily, this Court will harmonize the mandatory minimum sentence contained within a statute with the range of punishment authorized by its class specification under Code § 18.2-10. For example, Code § 18.2-308.2(A) criminalizes the "knowing[] and intentional[]”
1 later decision quote this exact passage“Virginia case law is replete with judicial analysis of what elements are necessary to constitute a conspiracy. In order to convict the defendant of conspiring ... to distribute a controlled drug, the Commonwealth had to prove beyond a reasonable doubt that an agreement existed between the two men by some concerted action to distribute the drugs. Reed v. Commonwealth, 213 Va. 593, 594 , 194 S.E.2d 746 (1973). Conspiracy is a crime that possesses both an actus reus and a mens rea element. Conspiracy requires: (1) an agreement between two or more persons, which constitutes the act; and (2) an intent to thereby achieve a certain objective which, under the common law definition, is the doing of either an unlawful act or a lawful act by unlawful means. W. LaFave & A. Scott, Criminal Law § 461 (1972). “The agreement is the essence of the conspiracy offense.” Zuniga v. Commonwealth, 7 Va.App. 523, 527-28 , 375 S.E.2d 381, 384 (1988).”
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.