41 Va. App. 658 - Crowder v. Commonwealth’s Empirical Analysis

Citation profile

114 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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This familiar standard gives full play to the responsibility of the trier of fact fairly to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts.”

   7 later decisions quote this exact passage · from the majority
   e.g. 47 Va. App. 114 - Walker v. Commonwealth · 54 Va. App. 577 - Noakes v. Commonwealth

2. “[w]e must instead ask whether ' any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt,'”

   3 later decisions quote this exact passage · from the majority
   e.g. 68 Va. App. 11 - Bryan Dunnington Cocke v. Commonwealth of Virginia · 69 Va. App. 604 - Kimberly Paul Barney v. Commonwealth of Virginia

3. “[w]hen an appellant successfully challenges the sufficiency of the evidence on some (but not all) aspects of his conviction, we must determine if the proven elements of the original charge qualify as a lesser-included offense. If so, the appropriate remedy on appeal is a reversal of the conviction on the greater charge and a remand of the lesser charge for retrial-assuming the Commonwealth, in its prosecutorial discretion, chooses to go forward on the lesser charge. See generally Gorham v. Commonwealth, 15 Va.App. 673, 678 , 426 S.E.2d 493, 496 (1993) (observing that the "consistent practice in Virginia, when the evidence is found insufficient to sustain a felony conviction on appeal, but sufficient to sustain a conviction on a lesser-included misdemeanor offense, has been to remand the case for retrial on the lesser-included offense").”

   2 later decisions quote this exact passage · from the majority
   e.g. 47 Va. App. 247 - South v. Commonwealth · 49 Va. App. 312 - Wright v. Commonwealth