13 Va. App. 604 - Simpson v. Commonwealth’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] witness may not be cross-examined regarding any fact irrelevant to the issues on trial when that cross-examination is for the mere purpose of impeaching his credit by contradicting him . . . [nor] may [he] be asked about any collateral independent fact “merely with a view to contradict him afterwards by calling another witness.””

   3 later decisions quote this exact passage
   e.g. 48 Va. App. 333 - McGowan v. Commonwealth · Singleton v. Commonwealth

2. “In Santmier , the prosecution was permitted to cross-examine the defendant concerning a prior conviction of selling marijuana because the defendant on direct examination had denied using drugs. Santmier, 217 Va. at 319-20 , 228 S.E.2d at 682 . In this case, the defendant did not deny the use of drugs during his direct examination. Instead, the Commonwealth elicited during cross-examination his denial of having sold drugs. This difference is significant because on cross-examination the Commonwealth is subject to the rule prohibiting impeachment on collateral matters elicited during cross-examination. Seilheimer [v. Melville], 224 Va. [323,] 326, 295 S.E.2d [896,] 898 [(1982)].”

   1 later decision quote this exact passage
   e.g. 48 Va. App. 333 - McGowan v. Commonwealth

3. “the Commonwealth, having elicited this collateral evidence from [appellant] during cross-examination, was required to accept [appellant's] response and could not impeach [her] testimony by contradicting it.”

   1 later decision quote this exact passage
   e.g. 48 Va. App. 333 - McGowan v. Commonwealth