47 Va. App. 168 - Logan v. Commonwealth’s Empirical Analysis

Citation profile

69 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This is not a mere burden of production, requiring only a going forward with the evidence; it is a 'burden of persuasion,’ requiring the defendant to prove to the satisfaction of the factfinder the existence of those facts upon which a legal conclusion can be drawn.” Id. (citation omitted). 4 . The deputies did not ask Testa for permission either to enter the home or to remain in it. Nor did they have any constitutional duty to do so.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 55 Va. App. 275 - Testa v. Commonwealth

2. “[a]n entirely different paradigm, however, applies to questions of fact unique to the litigants and specific to the circumstances of each particular case.... On purely factual questions, therefore, we can and do rely on the adversarial process to sort out the contested and the uncontested aspects of the case before we begin our responsibility of applying de novo the correct legal principles.”

   1 later decision quote this exact passage
   e.g. 62 Va. App. 614 - Kepa, Inc. d/b/a She-Sha Café and Hookah Lounge v. Virginia Department of Health

3. “[A]n appellant's concession of law [ ] qualifies either as a waiver for purposes of Rule 5A:18 or as an express withdrawal of an appellate challenge to a trial court judgment. In either scenario, we may accept the concession-not as a basis for deciding the contested issue of law, but as a basis for not deciding it.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 55 Va. App. 457 - Crawford v. Commonwealth