Long v. Commonwealth’s Empirical Analysis
1977
Citation profile
10 federal appellate · 7 state decisions
How this case has been cited
Cited by 19 later decisions — most recently April 2017
10 federal appellate · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Kimbrough v. Commonwealth · Hopper v. Commonwealth
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.
“At the close of the Commonwealth’s case, Elbert’s counsel moved for a directed verdict. The trial court overruled the motion and Elbert testified in his own behalf. As the custom is in most rape cases, the victim seduces the defendant whose intentions are always as pure as the “driven snow.” Thus, it was with Elbert. He stopped by the animal shelter to look at some dogs. He testified that Connie showed him some dogs and later propositioned him in this manner: “. . . and she came back there and she had kind of a smile and she said, ‘You want more than to look at dogs, don’t you?” I said ‘No’ and I left.” Elbert testified that he saw Damron get a pistol from the truck, come back to the office and threaten to kill him. Elbert testified that when Damron “cocked” his gun he shot Damron, took his gun and fled. 559 S.W.2d 483 , 484.”
1 later decision quote this exact passagee.g. Long v. Smith“This court is of the opinion that when Elbert tendered an instruction containing no qualification on his theory of self-protection, and did nothing further to clarify his objections to the self-protection instruction offered by the trial court, his tendered instruction did not “fairly and adequately” present his position to the trial court. Because the trial court had no opportunity to rule upon the matter, there was no error.”
1 later decision quote this exact passagee.g. Long v. Smith“No party may assign as error the giving or failure to give an instruction unless he fairly and adequately presented his position by an offered instruction or by a motion, or unless he makes objection before the court instructs the jury, stating specifically the matter to which he objects and the ground or grounds of his objection. App. pages 99-100”
1 later decision quote this exact passagee.g. Long v. Smith
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.