Viney v. Com.’s Empirical Analysis
2005
Citation profile
90 state decisions
How this case has been cited
Cited by 91 later decisions — most recently May 2020 · most notably Maxwell v. Com. (2008), 53 Va. App. 561 - Clanton v. Commonwealth (2009)
90 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 Melka Marine, Inc. v. United States · Commonwealth v. Hudson · Jackson v. Commonwealth · McKeon v. Commonwealth · Zimmerman v. Commonwealth
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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“is plainly wrong or without evidence to support it.”
7 later decisions quote this exact passage“Evidence that appellant pushed L.D. down the hall toward the bedroom to accomplish the fall 1990 rape was sufficient proof of the use of force to overcome her will. As the trial court found when ruling on the motion to strike: If you consider the evidence in the light most favorable to the Commonwealth in this case, you have non-consensual acts that were committed against the victim, and force is present even though it may not be so great as to cause bodily harm. She testified that [during] one of the incidents he was pushing her down the hallway against her will towards the bedroom, that none of it was done with her consent, that she held her body in such a way that he could not get as close to her as he otherwise could, and that she demanded that he not do it.... The record here supports the jury’s finding of guilt on one warrant. While appellant pushed L.D. down the hall, he said she “had to take care of him.” Although L.D. expressed her hatred of him, appellant ignored her statements and continued to push her toward the bedroom and the bed. This evidence supports a finding that appellant used force to overcome the victim’s will. We cannot say that the “jury’s verdict ... is plainly wrong or without evidence to support it.””
3 later decisions quote this exact passage“[i]ntent may be, and most often is, proven by circumstantial evidence and the reasonable inferences to be drawn from proven facts.”
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.