46 Va. App. 637 - Auer 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. “[a circuit] court by definition abuses its discretion when it makes an error of law. . . . The abuse-of-discretion standard includes review to determine that the discretion was not guided by erroneous legal conclusions.”

   5 later decisions quote this exact passage
   e.g. 54 Va. App. 414 - Jones v. Commonwealth · 48 Va. App. 333 - McGowan v. Commonwealth

2. “Bryan A. Garner, A Dictionary of Modern American Usage 363 (1998) (remarking that the word "include," "which traditionally has introduced a nonexhaustive list, is now . . . widely ( ) used for consists of "). Used in this limiting sense, the term typically introduces an exhaustive list of all of the components or members that make up the whole. See Garner, supra; Random House Webster's College Dictionary 667-68 (2000). . . . Thus, when a statute uses the word "include" in this restrictive, limiting sense to define a term, it sets forth the entire definition, and no other elements or items are includable. Consequently, the fact that the statute does not expressly enumerate a particular item implies that the item "falls outside of the definition." [Cits.] (Emphasis in original.)”

   1 later decision quote this exact passage
   e.g. Berryhill v. Georgia Community Support & Solutions, Inc.

3. “which traditionally has introduced a nonexhaustive list, is now . . . widely ( ) used for consists of”

   1 later decision quote this exact passage
   e.g. Berryhill v. Georgia Community Support & Solutions, Inc.