51 Va. App. 628 - Wright 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. “A defendant’s refusal to withdraw an objection to the admissibility of excluded evidence does not constitute good cause. Although the trial judge ruled that no continuance would be granted and that the notebook would not be admitted, the Commonwealth declared that it could not “go forward without the notebook.” Had the Commonwealth wished to introduce the notebook, then it should have complied with the discovery in a timely manner. Nolle prosequi is no remedy for the Commonwealth’s failure to properly prepare its case or to timely respond to discovery. This is not an instance where the prosecution discovered additional incriminating evidence after a defendant had already been indicted. The Commonwealth obtained no new evidence after the grand jury returned the indictments that it did not already possess when it sought the indictments. Nor did the Commonwealth contend that there was a potential defect in the procedure or indictments that may result in a subsequent reversal and remand. There was no contention that a material witness failed to appear or could not be located at the time. The Commonwealth’s attorney arrived at the scheduled trial prepared to go forward until he received an unfavorable evidentiary ruling. This does not constitute good cause upon which a trial court may order nolle prosequi on an otherwise proper charge or indictment.”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Luu

2. “). Other sections of Title 19.2, Chapter 15, refer to a specific court where the legislature specifically intends the section to apply only to a specific court. See Code § 19.2-241 (”

   1 later decision quote this exact passage
   e.g. 52 Va. App. 690 - Wright v. Commonwealth

3. “no indictment shall be returned in a court of record against any such person prior to such hearing unless such hearing is waived in writing by the accused.”

   1 later decision quote this exact passage
   e.g. 52 Va. App. 690 - Wright v. Commonwealth