25 Va. App. 579 - Nicely v. Commonwealth’s Empirical Analysis
1997
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently June 2020 · most notably 26 Va. App. 794 - Harris v. Commonwealth (1998), Hickman v. State (2004)
26 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 Boykin v. Alabama · Burgett v. Texas · Scott v. Illinois · Parke v. Raley · Nichols v. United States
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] previous misdemeanor conviction attended by incarceration is constitutionally offensive and may support neither guilt nor enhanced punishment for a later offense, unless the accused either waived or was represented by counsel in the earlier proceeding.”
2 later decisions quote this exact passage““A silent record or mere naked assertion by an accused” that his constitutional rights were violated is “insufficient” to rebut the presumption of validity. Here, the transcript established [Nicely’s] previous misdemeanor conviction, without suggestion of imprisonment [or imposition of a suspended sentence], a circumstance which did not implicate the Sixth Amendment right to counsel in a collateral review of the conviction and entitled the Commonwealth to the presumption of regularity without offending due process.”
1 later decision quote this exact passage“`[E]ven when a collateral attack on a final conviction rests on constitutional grounds, the presumption of regularity that attaches to final judgments makes it appropriate [for the fact finder to presume that the conviction was obtained in compliance with the defendant's right to counsel under the Sixth Amendment and] to assign a proof burden to the defendant. '”
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.