30 Va. App. 1 - Batts v. Commonwealth’s Empirical Analysis

Citation profile

18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Virginia law has historically maintained a clear distinction between the roles played by judge and jury in criminal sentencing. Under the statutory scheme, the jury deter mines the guilt or innocence of the accused. If the jury-finds that he is guilty, it then “ascertains” or “fixes” the maximum punishment.... After conviction, ... the court may suspend imposition of sentence or suspend the sentence in whole or part. [Thus,] the punishment as fixed by the jury is not final or absolute, since its finding on the proper punishment is subject to suspension by the trial judge.... This procedure makes the jury’s finding little more than an advisory opinion or first-step decision.”

   1 later decision quote this exact passage
   e.g. Daymon Ruffin, s/k/a Damion Ruffin v. CW

2. “Trial counsel agreed to the proposed jury instruction and, thus, became a party to the error he now complains of on appeal. However, his agreement cannot confer the power to impose a sentence greater than that established by the legislature. The penalty exceeded that authorized by stat ute and, therefore, we hold that the jury was improperly instructed.”

   1 later decision quote this exact passage
   e.g. 44 Va. App. 526 - McBride v. Commonwealth