9 Va. App. 304 - Lowery v. Commonwealth’s Empirical Analysis
1990
Citation profile
39 state decisions
How this case has been cited
Cited by 39 later decisions — most recently June 2019 · most notably 54 Va. App. 558 - Cooper v. Commonwealth (2009), 27 Va. App. 697 - Lebedun v. Commonwealth (1998)
39 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 Whittaker v. Commonwealth · 2 Va. App. 178 - Venable v. Venable · Akers v. Commonwealth · People v. Brown · Wyche 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Even if we assume arguendo that the trial court abused its discretion in denying [the defendant] a recess, we are unable to determine whether prejudice resulted. The record before us is silent regarding whether [the witness’] testimony would have supported [the defendant’s] alibi defense. Instead, [the defendant] asks us to speculate that, because [the witness] might have provided alibi testimony, he was prejudiced by the trial court’s refusal to grant his attorney a recess to speak with her. Prejudice, however, may not be presumed; it must appear from the record.”
1 later decision quote this exact passage“The decision whether to grant a continuance is within the sound discretion of the trial court. Abuse of discretion and prejudice to the complaining party are essential to reversal.”
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.