39 Va. App. 562 - Gaines v. Commonwealth’s Empirical Analysis

Citation profile

55 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If you find that the Commonwealth has proved beyond a reasonable doubt that Mr. Walshaw killed Ms. Tegeler, but failed to prove beyond a reasonable doubt that the killing was malicious, then you shall find Mr. Walshaw guilty of voluntary manslaughter, but you shall not fix the punishment until you have returned your verdict and heard further instruction.”

   1 later decision quote this exact passage · from the majority
   e.g. 44 Va. App. 103 - Walshaw v. Commonwealth

2. “The defendant is charged with the crime of using a firearm while committing or attempting to commit murder. The Commonwealth must prove beyond a reasonable doubt each of the following elements of that crime: 1) That the defendant used a firearm; and 2) That the use was while committing or attempting to commit murder.”

   1 later decision quote this exact passage · from the majority
   e.g. 52 Va. App. 1 - Ludwig v. Commonwealth

3. “It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit ... robbery[.]”

   1 later decision quote this exact passage · from the dissent
   e.g. 69 Va. App. 604 - Kimberly Paul Barney v. Commonwealth of Virginia