Hubbard v. Com.’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The plain language of Code § 18.2-478 requires the Commonwealth to prove that the defendant was taken into custody “on a charge of criminal offense.” “A criminal charge, strictly speaking, exists only when a formal written complaint has been made against the accused and a prosecution initiated.” United States v. Patterson, 150 U.S. 65, 68 , 14 S.Ct. 20 , [21] 37 L.Ed. 999 (1893). The word “charge” is defined by Black’s Law Dictionary 248 (8th ed. 2004), as a “formal accusation of an offense as a preliminary step to prosecution.” Thus, the phrase, “on a charge of criminal offense,” clearly contemplates a formal accusation upon which a trial court could act and pass judgment. Therefore, to sustain a conviction under Code § 18.2-478, the evidence must show the defendant was taken into custody pursuant to a written charge; probable cause to arrest will not suffice to satisfy the “on a charge of criminal offense” element stated in Code § 18.2-478.”

   1 later decision quote this exact passage
   e.g. 56 Va. App. 1 - Thomas v. Commonwealth

2. “the accused was in the custody of the police officer, that the accused was charged with a criminal offense before he was taken into custody, and that the accused escaped from such custody by force or violence.”

   1 later decision quote this exact passage
   e.g. Hall v. Com.