Winston v. Com.’s Empirical Analysis
2004
Citation profile
3 federal appellate · 43 state decisions
How this case has been cited
Cited by 52 later decisions — most recently July 2022 · most notably State v. Frazier (2007), Porter v. Com. (2008)
3 federal appellate · 43 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 Batson v. Kentucky · North Carolina v. Pearce · Neil v. Biggers · Manson v. Brathwaite · Ake v. Oklahoma
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“excludes out-of-court declarations only when they are 'offered for a special purpose, namely, as assertions to evidence the truth of the matter asserted.' If the court can determine, from the context and from the other evidence in the case that the evidence is offered for a different purpose, the hearsay rule is no barrier to its admission.” Winston v. Commonwealth, 268 Va. 564, 591, 604 S.E.2d 21, 36 (2004) (emphasis in original and citation omitted). It necessarily follows that”
1 later decision quote this exact passage“The Supreme Court would unquestionably look askance at a suggestion that in Atkins it had acted as a super legislature imposing on all of the states with capital punishment the requirement that they prove as an aggravating circumstance that the defendant has normal intelligence and adaptive function.”
1 later decision quote this exact passage“not for the truth of the matter” but only to explain the deputies' reaction to this information, the trial court did not err in admitting it. 2 . Because of our holding, we need not decide whether Testa’s guttural outburst (”
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.