15 Va. App. 288 - Gallimore v. Commonwealth’s Empirical Analysis
1992
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently September 2010
8 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 Higginbotham v. Commonwealth · Cable v. Commonwealth · Blondel v. Hays · Bell v. Commonwealth · 9 Va. App. 272 - Keech 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether a defendant knows of the dangerous risk she or he causes is measured by an “objective awareness test” — whether the defendant knew or “should have known” of the risk her or his conduct created. See Keech v. Commonwealth, 9 Va. App. 272, 281-82 , 386 S.E.2d 813, 818 (1989). “[0]ne who effects a criminal act through an innocent or unwitting agent is a principal in the first degree” and may be guilty of involuntary manslaughter. Bailey v. Commonwealth, 229 Va. 258, 262 , 329 S.E.2d 37, 40 (1985). Thus, the issue is whether the trial judge could have found beyond a reasonable doubt that Gallimore, in reckless disregard of the rights of Branscome, created a situation that she knew or should have known “ma[d]e it not improbable that [serious] injury [would] be occasioned.” Bell, 170 Va. at 612, 195 S.E. at 681.”
1 later decision quote this exact passage“After Reichner returned to the Southern home and reported to Keith Southern in Gallimore’s presence that “we got a dude driving Wanda’s car,” Gallimore knew or should have known that the situation she created had escalated and was fraught with imminent danger that someone might be killed or seriously injured, yet she took no steps to defuse the danger that she knowingly and purposefully set in motion.”
1 later decision quote this exact passage““ ‘Gross negligence’ is culpable or criminal when accompanied by acts ... of a wanton or wilful nature, showing a reckless or indifferent disregard of the rights of others, under circumstances reasonably calculated to produce injury, or which make it not improbable that injury will be occasioned, and the offender knows, or is charged with the knowledge of, the probable result of his acts.””
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.