47 Va. App. 759 - Tooke v. Commonwealth’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he driver of any vehicle involved in an accident in which a person is killed or injured ... shall immediately stop as close to the scene of the accident as possible ... and report his name, address, driver’s license number, and vehicle registration number____The driver shall also render reasonable assistance to any person injured in such accident[.]”

   3 later decisions quote this exact passage
   e.g. Clarke v. Galdamez · State v. Stone

2. “"The ends of justice exception is narrow and is to be used sparingly," and only when a trial court error is "clear, substantial and material." Brown v. Commonwealth, 8 Va.App. 126, 132 , 380 S.E.2d 8, 11 (1989). "In order to avail oneself of the exception, a defendant must affirmatively show that a miscarriage of justice has occurred, not that a miscarriage might have occurred." Id. (citing Mounce v. Commonwealth, 4 Va.App. 433, 436 , 357 S.E.2d 742, 744 (1987)). "In examining a case for miscarriage of justice, we do not simply review the sufficiency of the evidence under the usual standard, but instead determine whether the record contains affirmative evidence of innocence or lack of a criminal offense." Lewis v. Commonwealth, 43 Va.App. 126, 134 , 596 S.E.2d 542, 546 (2004), rev'd on other grounds, 269 Va. 209 , 608 S.E.2d 907 (2005). See also Michaels v. Commonwealth, 32 Va.App. 601 , 529 S.E.2d 822 (2000); Redman v. Commonwealth, 25 Va.App. 215, 221 , 487 S.E.2d 269, 272 (1997).”

   1 later decision quote this exact passage
   e.g. 54 Va. App. 778 - Startin v. Commonwealth

3. ““The extent of the property damaged or the number of people injured or killed does not constitute an element of the offense. It is the flight from the scene, and the failure to give the information required to the person in charge of the property damaged or succor to the injured which constitute the completed offense.””

   1 later decision quote this exact passage
   e.g. State v. Stone