Miller v. Commonwealth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that malice and passion cannot co-exist
• “Heat of passion may result when one is provoked to fear or rage or both.”
• “Miller fired two shots; one missed and one struck the victim’s side. A jury could find from the evidence that Miller did not act maliciously, but acted upon a reasonable provocation, in the heat of passion.”
• “If all of the evidence demonstrates that the accused reflected or deliberated, that his passion cooled, or that there was reasonable time or opportunity for cooling, then the wounding is attributable to malice and not heat of passion.”
• jury instructed on definition of “maliciously” an element of malicious wounding

Source: CourtListener parenthetical corpus (CC0).

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

• Lea v. Commonwealth
  Court of Appeals of Virginia· 1993-04-27· cited 228×
• Kauffmann v. Commonwealth
  Court of Appeals of Virginia· 1989-07-11· cited 125×
• Boone v. Commonwealth
  Court of Appeals of Virginia· 1992-03-24· cited 100×
• Robertson v. Commonwealth
  Court of Appeals of Virginia· 2000-03-14· cited 97×
• Lynn v. Commonwealth
  Court of Appeals of Virginia· 1998-05-12· cited 96×
• James Edward Williams v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2015-01-20· cited 67×
• Stewart v. Commonwealth
  Court of Appeals of Virginia· 1990-07-10· cited 57×
• LaDawn Shrieves King v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2015-04-07· cited 46×
• Caudill v. Commonwealth
  Court of Appeals of Virginia· 1998-04-07· cited 40×
• James Scott Witherow, II v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2015-12-01· cited 38×
• Smith v. Commonwealth
  Court of Appeals of Virginia· 1993-09-07· cited 20×
• David Gregory Landeck v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2012-03-13· cited 15×
• Harrison v. Commonwealth
  Court of Appeals of Virginia· 1991-06-04· cited 15×
• Dalton v. Commonwealth
  Court of Appeals of Virginia· 1999-03-16· cited 10×
• Craig v. Commonwealth
  Court of Appeals of Virginia· 2000-12-19· cited 9×
• Brown v. Commonwealth
  Court of Appeals of Virginia· 1997-03-11· cited 8×
• Dalton v. Commonwealth
  Court of Appeals of Virginia· 1998-05-19· cited 7×
• Christopher Todd Landeck v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2012-03-13
• Rae'quan Xavier Dandridge v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2021-01-12
• Justin Thomas Meade v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2022-05-17

Cites

7 cases in this archive are cited by this case.

• Barrett v. Commonwealth
  Supreme Court of Virginia· 1986-03-07· cited 195×
• McClung v. Commonwealth
  Supreme Court of Virginia· 1975-03-10· cited 89×
• Hodge v. Commonwealth
  Supreme Court of Virginia· 1976-10-08· cited 66×
• Gibson v. Commonwealth
  Supreme Court of Virginia· 1975-12-01· cited 44×
• Ballard v. Commonwealth
  Supreme Court of Virginia· 1931-06-18· cited 37×
• Moxley v. Commonwealth
  Supreme Court of Virginia· 1953-09-10· cited 30×
• Thomas v. Commonwealth
  Supreme Court of Virginia· 1947-03-03· cited 22×