38 Va. App. 137 - Johnson 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. “Here, assuming time, situs and victim coincided, the nature of the specific act peculiar to each prosecution is distinct. In the first instance defendant admittedly was unlawfully operating a vehicle while his privileges were in suspension. In contrast, the subject prosecution resulted from such operation after he had been adjudicated an habitual offender. While driving was conduct common and necessary to each offense, the legal disability upon defendant that attended and was integral to the respective acts was significantly different. Thus, the “same evidence” would not produce a conviction for both offenses. Accordingly, the disparate “nature” of the acts saves the instant prosecution from the reach of Code § 19.2-294.”

   1 later decision quote this exact passage
   e.g. Jebrail Jefferson, s/k/a Jibrail Lamont Jefferson v. Commonwealth of Virginia