16 Va. App. 983 - Moffitt v. Commonwealth’s Empirical Analysis
1993
Citation profile
9
cited by 9 later decisions
1
states following
January 1999
most recently cited
9 state decisions
Relationships
Relies on Babbitt v. Miller · Davis v. Commonwealth · 4 Va. App. 166 - Bouldin v. Commonwealth · 11 Va. App. 620 - Commonwealth v. Dalton · Shope 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Habitual offender proceedings are civil in nature, not criminal. Therefore, the Commonwealth has the burden of proving by a preponderance of the evidence that the respondent had obtained the three requisite driving convictions to be an habitual offender____ [T]he Commonwealth established a prima facie presumption that it was a valid conviction by introducing the certified DMV transcript.... The prima facie presumption that the convictions were valid necessarily encompasses that the evidence of the charges were proven.... Once the Commonwealth has established a prima facie case, it is entitled to judgment, unless the respondent goes forward with evidence that refutes an element of the Commonwealth’s case or rebuts the prima facie presumption.”
1 later decision quote this exact passage“The Commissioner shall certify ... three transcripts or abstracts of those conviction documents which bring the person named therein within the definition of an habitual offender, as defined in § 46.2-351---- $ Hs * # Hí ^ The transcript or abstract shall be prima facie evidence that the person named therein was duly convicted ... of each offense shown by the transcript or abstract. If the person denies any of the facts stated therein, he shall have the burden of proving that the fact is untrue.”
1 later decision quote this exact passage · from the dissent“It is within the province of the fact finder to evaluate the credibility of the witnesses and the weight of the evidence. The determination that a party’s evidence is not credible or not sufficiently persuasive to overcome the prima facie presumption will not be overturned on appeal unless clearly wrong or unsupported by the record.”
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.