37 Va. App. 748 - Thomas v. Commonwealth’s Empirical Analysis
2002
Citation profile
16
cited by 16 later decisions
1
states following
October 2014
most recently cited
16 state decisions
Relationships
Relies on Apprendi v. New Jersey · McMillan v. Pennsylvania · Ansell v. Commonwealth · Wilder v. Commonwealth · 17 Va. App. 233 - Jones 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Defendant’s argument, however, is belied by Code § 18.2-308.2(A), a statute intended to ‘prevent[ ] a person, who is known to have committed a serious crime in the past, from becoming dangerously armed, regardless of whether that person uses, displays, or conceals the firearm.’ Jones v. Commonwealth, 16 Va.App. 354, 358 , 429 S.E.2d 615, 617 , aff'd on reh’g en banc, 17 Va.App. 233 , 436 S.E.2d 192 (1993). The proscribed conduct, together with the attendant elements, is clearly defined in the initial sentence of the statute and punishable as ‘a Class 6 felony.’ Consistent with the intendment of the enactment, an accused having been previously convicted of a ‘violent felony’ is subject to a period of mandatory incarceration, a sentence within the range of a Class 6 felony but beyond trial court discretion. Contrary to defendant’s contention, such disparate penalties do not spawn gradations of the offense. The crime is not defined by the penalty.””
3 later decisions quote this exact passage“Code § 18.2-308.2 provides, in pertinent part: It shall be unlawful for (i) any person who has been convicted of a felony or (ii) any person under the age of twenty-nine who was found guilty as a juvenile fourteen years of age or older at the time of the offense of a delinquent act which would be a felony if committed by an adult, whether such conviction or adjudication occurred under the laws of this Commonwealth, or any other state ..., to knowingly and intentionally possess ... any firearm .... Any person who violates this section shall be guilty of a Class 6 felony. However, any person who violates this section by knowingly and intentionally possessing or transporting any firearm and who was previously convicted of a violent felony as defined in § 17.1-805 shall not be eligible for probation, and shall be sentenced to a minimum, mandatory term of imprisonment of five years____”
1 later decision quote this exact passage“language to authorize the imposition of a mandatory sentence. Finally, appellant argues the evidence was insufficient to sustain his conviction for possession of a firearm as a convicted felon. Code § 18.2-308.2 makes it unlawful for any person who has been convicted of a felony to knowingly and intentionally possess or transport any firearm or ammunition for a firearm. Appellant argues that the evidence here was insufficient to sustain his conviction because he did not”
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.