Rushing v. Com.’s Empirical Analysis

Citation profile

2 federal appellate · 17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.”

   1 later decision quote this exact passage
   e.g. 65 Va. App. 147 - Shavis Donta Holloman v. Commonwealth of Virginia

2. “Any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act committed for the benefit of, at the direction of, or in association with any criminal street gang shall be guilty of a Class 5 felony.”

   1 later decision quote this exact passage
   e.g. 65 Va. App. 147 - Shavis Donta Holloman v. Commonwealth of Virginia

3. “A defendant charged with gang participation, although not an actual member of the gang, may be convicted upon a showing that he participated in a gang-related crime.”

   1 later decision quote this exact passage
   e.g. Cabrera v. Barr