Ramsey v. Commonwealth’s Empirical Analysis

Citation profile

41 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Wjhile an expert witness may be permitted to express his opinion relative to the existence or nonexistence of facts not within common knowledge, he cannot give his opinion upon the precise or ultimate fact in issue, which must be left to the jury or the court trying the case without a jury for determination.”

   2 later decisions quote this exact passage · from the majority
   e.g. Llamera v. Commonwealth · Strawderman v. Commonwealth

2. ““It is assigned as error that the trial court, over the objection of the accused, permitted a witness for the Commonwealth to be asked and to answer the following question: ‘Will you state whether or not the effect of such entries made upon the books of the bank would be to conceal the true state of the account of John Mitchell, Jr., in the bank?’ To which the witness replied, ‘Yes.’ The question was a leading one put to a witness not shown to be an expert. But whether expert or not, it calls for the opinion of the witness of what was practically the very issue to be tried by the jury, and not to what was disclosed by the books of the bank. He was asked as to the ‘effect’ of such entries. This was a question to be determined by the jury from the evidence in the case and not from the opinion of an adverse witness. In Thornton v. Commonwealth, 113 Va. 736 , 73 S. E. 481 , the case was reversed solely on the ground that a very similar question was allowed to be asked an expert witness.” 141 Va. at p. 565 , 127 S.E. atp. 376 .”

   1 later decision quote this exact passage · from the majority
   e.g. Webb v. Commonwealth

3. “Considering the accidental causes, which we felt were eliminated as the causes of this fire, coupled with our experience and the unusual circumstances that transpired shortly prior to this fire, several days before, the night of the fire and two or three days after the fire, and when all matters were considered together I reached the conclusion that we had an incendiary fire.”

   1 later decision quote this exact passage · from the majority
   e.g. 8 Va. App. 135 - Callahan v. Commonwealth