42 Va. App. 119 - McCary v. Commonwealth’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whether the defendant had an intent to defraud when he obtained the advances under the construction contract depends upon the circumstances of the case. Intent is often proved by circumstantial evidence and the reasonable inferences to be drawn from facts, which have been proven. The intent to defraud may be inferred from proof of any or all of the following circumstances: failing to apply for a permit for the work when one was required; an unreasonable lack of communication with the homeowner by the contractor; the contractor’s failure to contact the homeowner when the contractor realized he was financially unable to perform the contract; a request for an advance accompanied by a promise to complete followed by a failure to complete; other similar transactions by the defendant using false representations; and the use by a contractor of any monies paid to the contractor under a construction contract before the contractor pays all amounts due or to be due for labor or material furnished pursuant to the contract.”

   1 later decision quote this exact passage
   e.g. 56 Va. App. 520 - Keefer v. Commonwealth

2. “If any person obtain from another an advance of money ... with fraudulent intent, upon a promise to perform construction, removal, repair or improvement of any building or structure permanently annexed to real property, or any other improvements to such real property ... and fail or refuse to perform such promise, and also fail to substantially make good such advance, he shall be deemed guilty of the larceny of such money ... if he fails to return such advance within fifteen days of a request to do so sent by certified mail, return receipt requested, to his last known address or to the address listed in the contract.”

   1 later decision quote this exact passage
   e.g. 57 Va. App. 164 - Testerman v. Commonwealth

3. “If any person obtain ... an advance of money ... with fraudulent intent, upon a promise to perform construction ... and fail or refuse to perform such promise, and also fail to make substantially good such advance, he shall be deemed guilty of the larceny of such money ... if he fails to return such advance within fifteen days of a request to do so----”

   1 later decision quote this exact passage
   e.g. 56 Va. App. 520 - Keefer v. Commonwealth