44 Va. App. 239 - Neely 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. “[i]n the case of any variance between a rule and an enactment of the General Assembly such variance shall be construed so as to give effect to such enactment.” Code § 8.01-3(D). For example, Code § 19.2-303 expressly “permits the trial court, in cases where the defendant ‘has been sentenced for a felony to the Department of Corrections but has not actually been transferred to ... the Department,' to retain jurisdiction beyond the twenty-one-day limit of Rule 1:1 to 'suspend or otherwise modify the unserved portion of such sentence.'”

   1 later decision quote this exact passage
   e.g. 49 Va. App. 127 - Askew v. Commonwealth

2. “If a person has been sentenced for a felony to the Department of Corrections but has not actually been transferred to a receiving unit of the Department, the court which heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation for such time as the court shall determine.”

   1 later decision quote this exact passage
   e.g. Dennis Holland v. Commonwealth of Virginia