21 Va. App. 729 - Bennefield v. Commonwealth’s Empirical Analysis
1996
Citation profile
38 state decisions
How this case has been cited
Cited by 40 later decisions — most recently December 2015 · most notably 41 Va. App. 101 - Slayton v. Commonwealth (2003), Stephens v. Commonwealth (2002)
38 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 Oregon v. Kennedy · Wade v. Hunter · Lowe v. Commonwealth · 12 Va. App. 337 - Farmer v. Commonwealth · Walton v. City of Roanoke
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We find it significant that the trial judge who conducted the hearing on the double jeopardy issue was the same judge who presided at appellants’ first trial. For that reason, he was better able to determine how the prosecution’s case was progressing, and whether the prosecutor had any motivation or desire to cause a mistrial so as to gain a more favorable position at a new trial. See Robinson [v. Commonwealth], 17 Va. App. [551,] 555 (noting that by having original trial judge hear double jeopardy argument better enabled judge to properly consider strength of Commonwealth’s case at first trial and determine issues of credibility).”
1 later decision quote this exact passage“Our courts have consistently held that the protections afforded under the Virginia Constitution are co-extensive with those in the United States Constitution.” Sabo, 38 Va.App. at 77 , 561 S.E.2d at 768 (citation omitted); see also Bennefield v. Commonwealth, 21 Va.App. 729, 739-40 , 467 S.E.2d 306, 311 (1996). . When police officers”
1 later decision quote this exact passage“Only where the governmental conduct in question is intended to “goad” the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion.”
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.