58 Va. App. 194 - Simon v. Commonwealth’s Empirical Analysis
2011
Citation profile
17 state decisions
Relationships
Relies on Miranda v. State of Arizona Vignera · United States National Bank v. Independent Insurance Agents of America, Inc. · Higginbotham v. Commonwealth · Coleman v. Commonwealth · 8 Va. App. 194 - Long 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Whether one offense is a lesser included offense of the other depends upon whether the elements of the greater offense necessarily include all elements of the lesser.” Fontaine v. Commonwealth, 25 Va.App. 156, 164 , 487 S.E.2d 241, 245 (1997), overruled on other grounds by Edwards v. Commonwealth, 41 Va.App. 752, 765 , 589 S.E.2d 444, 450 (2003) (en banc). “[W]here every commission of the [claimed] greater offense is also a commission of the [claimed] lesser offense” and the claimed lesser offense “ ‘is composed entirely of elements that are also elements of the [claimed] greater offense,’ ” “a lesser [included] offense may be deemed to exist.” Sanchez v. Commonwealth, 32 Va.App. 238, 241 , 527 S.E.2d 461, 463 (2000) (quoting Kauffmann v. Commonwealth, 8 Va.App. 400, 409 , 382 S.E.2d 279, 283 (1989)). “An offense is not a lesser-included of fense of a charged offense unless all its elements are included in the offense charged.” Dalton, 259 Va. at 253 , 524 S.E.2d at 862 (emphasis added). “An offense is not a lesser included offense of another if each offense contains an element that the other does not.” Walker v. Commonwealth, 14 Va.App. 203, 206 , 415 S.E.2d 446, 448 (1992).”
1 later decision quote this exact passage““Circumstantial evidence is as competent and is entitled to as much weight as direct evidence, provided it is sufficiently convincing to exclude every reasonable hypothesis except that of guilt.” Coleman v. Commonwealth, 226 Va. 31, 53 , 307 S.E.2d 864, 876 (1983). “[T]he Commonwealth need only exclude reasonable hypotheses of innocence that flow from the evidence, not those that spring from the imagination of the defendant.” Hamilton v. Commonwealth, 16 Va.App. 751, 755 , 433 S.E.2d 27, 29 (1993).”
1 later decision quote this exact passage
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.