18 Va. App. 706 - Garland v. Commonwealth’s Empirical Analysis
1994
Citation profile
18
cited by 18 later decisions
3
states following
January 2008
most recently cited
6 federal appellate · 10 state decisions
Relationships
Relies on Commonwealth v. Subilosky · State v. Buckom · Crawford v. Commonwealth · 132 N.J. Super. 487 - State v. Blow · In Re the Welfare of D.D.S.
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.
“"Larciny [sic] from the person is either by privately stealing; or by open and violent assault, which is usually called robbery."... At common law, larceny from the person differs from robbery in that larceny from the person lacks the requirement that the victim be put in fear.... Larceny from the person forms a middle ground in the common law between the "private" stealing most commonly associated with larceny, and the taking by force and violence commonly associated with robbery.”
2 later decisions quote this exact passage“[a]t common law property was stolen "from the person" of another even if it was only "in the presence" of the person at the time it was stolen.... "Property is stolen `from the person' if it was under the protection of the person ... although not actually `attached' to him.... As said by Coke in the 1600's: `for that which is taken in his presence, is in law taken from his person.'"”
2 later decisions quote this exact passage“that larceny from the person embraces not only theft of property from physical contact with the victim, but also theft of property that is in the victim's possession and within his immediate custody and control. " 18 Va.App. at 710, 446 S.E.2d at 630 (emphasis added). The Garland panel, in upholding a conviction for larceny from the person where Garland, standing "within two feet”
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.