28 Va. App. 173 - Herbin v. Commonwealth’s Empirical Analysis
1998
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently May 2018
20 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 12 Va. App. 1003 - Lavinder v. Commonwealth · 7 Va. App. 10 - Blain v. Commonwealth · Coe v. Commonwealth · 534 So. 2d 329 - Hooks v. State · Breard 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The first portion of M’Naghten relates to an accused who is psychotic to an extreme degree. It assumes an accused who, because of mental disease, did not know the nature and quality of his act; he simply did not know what he was doing. For example, in crushing the skull of a human being with an iron bar, he believed that he was smashing a glass jar. The latter portion of M’Naghten relates to an accused who knew the nature and quality of his act. He knew what he was doing; he knew that he was crushing the skull of a human being with an iron bar. However, because of mental disease, he did not know that what he was doing was wrong. He believed, for example, that he was carrying out a command from God.””
2 later decisions quote this exact passage““it must be clearly proven that, at the time of the committing of the act, the party accused was labouring [sic] under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.””
2 later decisions quote this exact passage“While lay witnesses may testify to the attitude and demean- or of the defendant, “lay witnesses cannot express an opinion as to the existence of a particular mental disease or condition.” Mullis v. Commonwealth, 3 Va.App. 564, 573 , 351 S.E.2d 919, 925 (1987) (citing Phillips v. Stewart, 207 Va. 214, 220 , 148 S.E.2d 784, 789 (1966)).”
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.