49 Va. App. 251 - Bishop v. Commonwealth’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The DMV record in this case has two notations, the interpretation of which is the critical issue here. First, the record indicates that on April 23, 1997, Appellant was `DETERMINED' to be an habitual offender by DMV. The record does not show whether or not Appellant was ever notified of this determination. Immediately below this notation is an indication that there existed a `REVOCATION' issued on April 28, 1997 and effective on May 28, 1997. The notation then reads: `FOR HO DETERMINATION PROCESS.' That same entry reflects that an order was mailed and that Appellant received notification from law enforcement on March 10, 2001. "The DMV record is ambiguous on its face, however, a point which Appellant's trial counsel noted. It indicates that Appellant was notified of something by law enforcement, but not as to what that something was. The most clear reading of the DMV record, and the only one supported by the plain language, is that Appellant was notified of the `HO DETERMINATION PROCESS,' not that he was notified that he was or had been declared an habitual offender.”

   1 later decision quote this exact passage · from the dissent
   e.g. Bishop v. Com.

2. “And I would suggest to the Court that under the Reed case, and I have copies right here. First of all, actual notice is required and I would suggest to the Court we don't even see constructive notice on this record. We know he was notified that there was going to be a termination, but we don't see in the record that he was going to be notified that he was determined habitual offender. But I would suggest that without notice we cannot sustain a conviction.”

   1 later decision quote this exact passage · from the dissent
   e.g. Bishop v. Com.

3. “[The Department of Motor Vehicles' transcript] will tell you that the revocation which occurred April 28, 1997, I'm sorry, April 28, 1997, that he was notified for the H.O. determination, that is the habitual offender determination by law enforcement. It doesn't actually say he was notified after he was declared habitual offender. I think that is an important distinction.”

   1 later decision quote this exact passage · from the dissent
   e.g. Bishop v. Com.