Wilder v. Commonwealth

How courts have described this case

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

• finding that a 911 recording of a bystander’s statements “providing a narrative report of a larceny in progress” was testimonial
• explaining that for this exception to apply, the declaration must have been spontaneous and contemporaneous with the event
• “Contrary to Wilder’s contention, from the facts in the record, the trial court could have properly concluded that the statements contained in the tape recording were made contemporaneously or near contemporaneously with the acts they describe.”
• “[W]here retrial is not barred by a double jeopardy analysis, any decision concerning whether retrial is appropriate without the improperly admitted evidence is . . . properly the province of the executive branch of government rather than the judicial branch.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• State v. Basil
  Supreme Court of New Jersey· 2010-07-20· cited 102×
• Watts v. Commonwealth
  Court of Appeals of Virginia· 2010-11-02· cited 37×
• Kimberly Paul Barney v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2019-01-08· cited 17×
• Rushing v. Commonwealth
  Court of Appeals of Virginia· 2011-07-26· cited 6×
• Robertson v. Commonwealth
  Court of Appeals of Virginia· 2012-09-11· cited 4×
• Kevin Cody v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2018-04-17· cited 2×
• Latoya Mrytrise Robertson v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2013-03-19
• State of Tennessee v. Renita Elaine McDonald
  Court of Criminal Appeals of Tennessee· 2014-11-21
• Kimberly Paul Barney v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2021-11-03
• Markquall Antwoine Canada v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2022-08-30
• Patrick Austin Carolino v. Commonwealth of Virginia
  Court of Appeals of Virginia· 2023-11-28

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

• Jackson v. Virginia
  Supreme Court· 1979-10-01· cited 79,490×
• Crawford v. Washington
  Supreme Court· 2004-03-08· cited 14,756×
• Davis v. Washington
  Supreme Court· 2006-06-19· cited 4,179×
• Oregon v. Kennedy
  Supreme Court· 1982-05-24· cited 2,097×
• Lockhart v. Nelson
  Supreme Court· 1988-11-14· cited 1,183×
• United States v. Tateo
  Supreme Court· 1964-06-08· cited 864×
• McDaniel v. Brown
  Supreme Court· 2010-01-11· cited 701×
• Marable v. Commonwealth
  Court of Appeals of Virginia· 1998-06-16· cited 458×
• Haskins v. Commonwealth
  Court of Appeals of Virginia· 2004-09-14· cited 351×
• Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Engineering, P. C.
  Supreme Court· 1984-05-29· cited 284×
• Clanton v. Commonwealth
  Court of Appeals of Virginia· 2009-03-17· cited 283×
• Cooper v. Commonwealth
  Court of Appeals of Virginia· 2009-08-11· cited 174×
• Neal v. Commonwealth
  Court of Appeals of Virginia· 1992-12-08· cited 147×
• Miles v. Commonwealth
  Supreme Court of Virginia· 1964-09-11· cited 87×
• Booth v. State
  Court of Appeals of Maryland· 1986-05-22· cited 52×
• D'Ambrosio v. D'Ambrosio
  Court of Appeals of Virginia· 2005-03-29· cited 50×
• Parsons v. Commonwealth
  Court of Appeals of Virginia· 2000-06-13· cited 50×
• McQuinn v. Commonwealth
  Court of Appeals of Virginia· 1995-08-29· cited 48×
• White v. Commonwealth
  Court of Appeals of Virginia· 1986-10-07· cited 48×
• Cook v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2006-07-20· cited 46×