12 Va. App. 948 - Darnell v. Commonwealth’s Empirical Analysis
1991
Citation profile
31 state decisions
How this case has been cited
Cited by 31 later decisions — most recently August 2016 · most notably 43 Va. App. 327 - West v. Commonwealth (2004), 15 Va. App. 518 - Welch v. Commonwealth (1992)
31 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 Blockburger v. United States · North Carolina v. Pearce · Griffith v. Kentucky · Grady v. Corbin · Industrial National Bank of Rhode Island v. Wingate Corp.
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.
“(1) A person shall be guilty of credit card or credit card number theft when: (a) He takes, obtains or withholds a credit card or credit card number from the person, possession, custody or control of another without the cardholder’s consent. The taking must be with the intent to use, sell, or transfer the card to a person other than the issuer or the cardholder. Larceny is the wrongful taking of the goods of another without the owner’s consent and with the intention to permanently deprive the owner of possession of the goods. Code § 18.2-96 determines the monetary value which constitutes petit larceny. A comparison of the elements discloses that petit larceny is not a lesser included offense of a violation of Code § 18.2-192. Larceny requires proof of an intent to permanently deprive while § 18.2-192 requires only an intention to use, sell or transfer. Thus, every conviction under Code § 18.2-192 would not necessarily result in a conviction of petit larceny.”
1 later decision quote this exact passage“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“The main purpose of requiring timely specific objections is to afford the trial court an opportunity to rule intelligently on the issues presented, thus avoiding unnecessary appeals and reversals. In addition, a specific, contemporaneous objection gives the opposing party the opportunity to meet the objection at that stage of the proceeding.”
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.