Fishback v. Commonwealth’s Empirical Analysis

Citation profile

47 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Hjenceforth juries shall be instructed, as a matter of law, on the abolition of parole for non-capital felony offenses committed on or after January 1, 1995 pursuant to Code § 53.1 165.1. In addition, because Code § 53.1-40.01 is in the nature of a parole statute, where applicable juries shall also be instructed on the possibility of geriatric release pursuant to that statute.”

   2 later decisions quote this exact passage
   e.g. Hills v. Commonwealth · 36 Va. App. 363 - Lonnie L. Tweed, Jr., s/k/a Lonnie Lee Tweed v. CW

2. ““ ‘the trial court is not required to amend or correct an erroneous instruction, but ... when the principle of law is materially vital to a defendant in a criminal case, it is reversible error for the trial court to refuse a defective instruction instead of correcting it and giving it in the proper form.’ ””

   2 later decisions quote this exact passage
   e.g. Commonwealth v. Jerman · 39 Va. App. 72 - James W. Waters, Jr v. Commonwealth

3. “[t]he determination of a prisoner's eligibility for geriatric release is essentially a mathematical calculation,”

   2 later decisions quote this exact passage
   e.g. Anderson v. State · Booker v. Com.