33 Va. App. 583 - Lowe v. Commonwealth’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. ““[T]he fact that the defendant did not object to ... the conviction on the ground that he was convicted for an offense with which he was not charged is of no moment. Unless an indictment is amended to conform to the proof or an accused acquiesces in being found guilty of an offense other than the one charged, a trial court lacks the authority to find an accused guilty of an offense other than the one charged or a lesser included offense.... The lack of authority of the trial Court to render the judgment that it did may be raised at any time and by this court on its own motion.” Fontaine v. Commonwealth, 25 Va.App. 156, 165 , 487 S.E.2d 241, 244 (1997) (citations omitted).”

   1 later decision quote this exact passage
   e.g. 41 Va. App. 752 - Edwards v. Commonwealth

2. “Acquiescence requires something more than a mere failure to object. See [Fontaine, 25 Va.App. at 165 , 487 S.E.2d at 244 ] (holding that failing to object, coupled with statement to judge clarifying that conviction was for misdemeanor rather than felony, did not constitute acquiescence).”

   1 later decision quote this exact passage
   e.g. 41 Va. App. 752 - Edwards v. Commonwealth