46 Va. App. 35 - Peake v. Commonwealth’s Empirical Analysis
2005
Citation profile
12
cited by 12 later decisions
1
states following
September 2011
most recently cited
12 state decisions
Relationships
Relies on Blockburger v. United States · Brown v. Ohio · United States v. Dixon · Grady v. Corbin · Gavieres v. United States
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Considering appellant’s implicit admission that he used marijuana in conjunction with his simultaneous possession of a smoking device and a relatively small amount of marijuana, the evidence proved appellant’s possession of marijuana in his pocket was for personal use. By contrast, the evidence proved appellant’s possession of the larger cache of marijuana in the red lockbox was for distribution. The marijuana was discovered divided into separate bags, with a digital scale, and near a quantity of cash. Significantly, appellant told the police he sold marijuana from the lockbox so he could get his own marijuana for free.”
1 later decision quote this exact passage“In enacting Code § 18.2-248, the General Assembly declared it “unlawful for any person to ... sell, ... or possess with intent to ... sell ... a controlled substance.” Code § 18.2-248(A). Code § 18.2-248(C) prescribes the punishment for “any person who violates this section with respect to a controlled substance classified in Schedule I or II.” The gravamen of the offense is clearly possession of the specified drug with the requisite intent. Thus, each distinguishable . incident of the offending conduct constitutes a “unit of prosecution” for violation of the statute.”
1 later decision quote this exact passage“Here, defendant does not dispute on appeal that he actually possessed cocaine at the informant’s trailer for purposes of immediate distribution to a prospective buyer. Manifestly, such conduct constitutes a violation of Code § 18.2-248 separate from the constructive possession of like drugs elsewhere, despite a similar criminal purpose. Hence, defendant committed two distinct violations of a single criminal proscription and was appropriately subject to attendant cumulative punishments.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.