39 Va. App. 670 - Harris v. Commonwealth’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he proper application of this rule does not include those cases where, because the trial court has rejected the right reason or confined its decision to a specific ground, further factual resolution is needed before the right reason may be assigned to support the trial court's decision.”

   5 later decisions quote this exact passage
   e.g. 55 Va. App. 457 - Crawford v. Commonwealth · 55 Va. App. 653 - Roseborough v. Commonwealth

2. “Defenses and objections based on defects in the institution of the prosecution or in the written charge upon which the accused is to be tried, other than that it fails to show jurisdiction in the court or to charge an offense, must be raised by motion made within the time prescribed by paragraph (c) of this Rule. The motion shall include all such defenses and objections then available to the accused. Failure to present any such defense or objection as herein provided shall constitute a waiver thereof.”

   1 later decision quote this exact passage
   e.g. 51 Va. App. 418 - Rambo v. Commonwealth

3. “an appellee may argue for the first time on appeal any legal ground in support of a judgment so long as it does not require new factual determinations or involve an affirmative defense that must be asserted in the pleadings or serve as a subterfuge for a constitutionally prohibited cross-appeal in a criminal case.”

   1 later decision quote this exact passage · from the dissent
   e.g. 49 Va. App. 484 - Cross v. Commonwealth