28 Va. App. 484 - Cavell v. Commonwealth’s Empirical Analysis
1998
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 2017
22 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 California v. Hodari D. · Howard v. Commonwealth · Galliher v. Commonwealth · 21 Va. App. 78 - Castell 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the present case, [the officer] did not effectuate appellant’s arrest; he neither touched appellant nor obtained appellant’s submission to his show of authority. Each time [the officer] spoke to appellant, appellant responded with profanity; when [the officer] told appellant not to run, appellant responded that he was going to run, and he did. In short, the evidence shows that appellant did not submit, in any respect, to [the officer’s] show of authority, and appellant was not detained by the exercise of any physical restraint at the time he fled.”
1 later decision quote this exact passage“There can be no arrest [under the common law] without either touching or submission. Hence, if the officer pronounces words of arrest without an actual touching and the other immediately runs away, there is no escape (in the technical sense) because there was no arrest. It would be otherwise had the officer touched the arrestee for the purpose of apprehending him, because touching for the manifested purpose of arrest by one having lawful authority completes the apprehension, although he does not succeed in stopping or holding him even for an instant.”
1 later decision quote this exact passage“If any person lawfully confined in jail or lawfully in the custody of any court or officer thereof or of any law-enforcement officer on a charge or conviction of a felony escapes, otherwise than by force or violence or by setting fire to the jail, he shall be guilty of a Class 6 felony.”
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.