17 Va. App. 37 - Smith v. Commonwealth’s Empirical Analysis
1993
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently March 2012
18 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 8 Va. App. 400 - Kauffmann v. Commonwealth · 5 Va. App. 22 - Miller v. Commonwealth · Mason v. Commonwealth · 12 Va. App. 581 - Harrison 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]here the evidence supports prosecution under either of two parallel statutes, the Commonwealth has the right to elect under which statute to proceed.”
3 later decisions quote this exact passage“argued that this statute defined a lesser offense included within Code § 46.2-605, or, alternatively, that the charge specified under Code § 46.2-605 substantially charged a violation of Code § 46.2-613(2), and his conviction of the lesser offense was authorized by Rule 3A:17[ (c)].”
1 later decision quote this exact passage“that the two Code sections defined the same offense, that neither was included within the other, that the choice of the offense charged was a matter of prosecutional discretion, and that the issue on trial was simply whether the offense charged had been proven.”
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.