25 Va. App. 156 - Fontaine v. Commonwealth’s Empirical Analysis
1997
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently December 2015
22 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 Morrison v. Bestler · Clark v. Virginia · 8 Va. App. 400 - Kauffmann v. Commonwealth · Floyd v. Commonwealth · Clark v. Com.
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he fact that the defendant did not object to ... the conviction on the ground that he was convicted for an offense with which he was not charged is of no moment. Unless an indictment is amended to conform to the proof or an accused acquiesces in being found guilty of an offense other than the one charged, a trial court lacks the authority to find an accused guilty of an offense other than the one charged or a lesser included offense---- The lack of authority of the trial court to render the judgment that it did may be raised at any time and by this Court on its own motion.”
2 later decisions quote this exact passage“Whether one offense is a lesser included offense of the other depends upon whether the elements of the greater offense necessarily include all elements of the lesser.”
1 later decision quote this exact passage“A lesser included offense is an offense which is composed entirely of elements that are also elements of the greater offense.”
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.