20 Va. App. 236 - Bailey v. Commonwealth’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) [T]he witness must have had firsthand knowledge of the event, (2) the written statement must be an original memorandum made at or near the time of the event and while the witness had a clear and accurate memory of [the event], (3) the witness must lack a present recollection of the event, and (4) the witness must vouch for the accuracy of the written memorandum.””

   2 later decisions quote this exact passage
   e.g. 38 Va. App. 98 - Jerri Lynn Scearce v. Commonwealth of VA · 51 Va. App. 337 - Abney v. Commonwealth

2. ““[T]he general rule [among courts nationwide] is that it is not essential that the record of past recollection shall have been made by the witness, if he knows that it is true as written. It is sufficient if the memorandum was made by someone else but has been examined by the witness and is known by him to be correct.””

   1 later decision quote this exact passage
   e.g. 38 Va. App. 98 - Jerri Lynn Scearce v. Commonwealth of VA