12 Va. App. 711 - Conway v. Commonwealth’s Empirical Analysis
1991
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently May 2015 · most notably 37 Va. App. 495 - Smoot v. Commonwealth (2002), 18 Va. App. 207 - Knight v. Commonwealth (1994)
28 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 Terry v. Ohio · Chimel v. California · Payton v. New York · Coolidge v. New Hampshire · Michigan v. Long
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Conway was not told until after he testified that a recording existed which directly supported Harding’s recollection of the conversation and contradicted his own. Therefore, we find that the Commonwealth’s failure to disclose the existence of the tape prior to Conway’s testimony prejudiced Conway’s defense. Furthermore, we find that the prejudice suffered by Conway was not so slight as to make admission of the tape recording harmless error. The evidence presented at trial was circumstantial and the Commonwealth’s case rested to a large extent on the credibility of witnesses. Use of the tape recording during rebuttal without prior disclosure undercut Conway’s credibility without the opportunity for explanation or rehabilitation. In closing argument, the Commonwealth repeatedly emphasized that Conway’s entire testimony was untruthful and the correct version of events was that presented by the Commonwealth’s witnesses. On this record, we cannot say that Conway had a fair trial on the merits of the case.”
1 later decision quote this exact passage“(a) the officer must be lawfully in a position to view and seize the item, [and] (b) it must be immediately apparent to the officer that the item is evidence of a crime, contraband, or otherwise subject to seizure.”
1 later decision quote this exact passage“have probable cause to believe that the item in question is evidence of a crime or contraband.”
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.