Clemmer v. Commonwealth’s Empirical Analysis
1968
Citation profile
25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently January 2006 · most notably Brooks v. City of Newport News (1982), 8 Va. App. 291 - Davis v. Commonwealth (1989)
25 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 Walton v. City of Roanoke · Owens v. Commonwealth · Baughan v. Commonwealth · Bland v. City of Richmond · Ferrell v. Beddow
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The burden was on the Commonwealth to prove that the defendant was under the influence of intoxicants, not on the defendant to prove that he was not. The Commonwealth’s evidence must exclude every reasonable hypothesis of innocence. Until that is done, the defendant is not required to explain or to offer evidence of his innocence. ( 208 Va. 666 ).”
1 later decision quote this exact passage · from the majority“answer that it was none of the trooper's business what he had been drinking can be interpreted as an insolent answer to an officer of the law, but it cannot be construed as a tacit admission that defendant had been drinking alcohol or was under the influence of alcohol”
1 later decision quote this exact passage · from the majority“not such that one can infer from it a tacit admission by defendant that he had been drinking, or was under the influence of alcohol,”
1 later decision quote this exact passage · from the majority
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.