above-stated standard (Virginia) · Go Syfert
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above-stated standard in Virginia

5 Virginia opinions name it 2 courts 1851–2018 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Colorado v. Connellygreen
scotus · 1986 · cited in 1 Virginia opinions naming this issue, 2018–2018
2 sentences

2018The test for determining voluntariness is whether the statement was the "product of an essentially free and unconstrained choice by its maker," Schneckloth v. Bustamonte , 412 U.S. 218 , 225, 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), or "induced by such duress or coercion that the suspect's 'will has been overborne and his capacity for self-determination critically impaired.' " United States v. Locklear , 829 F.2d 1314 , 1317 (1987) (quoting Schneckloth , 412 U.S. at 225 , 93 S.Ct. 2041 ); see Colorado v. Connelly , 479 U.S. 157 , 167, 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that "coercive

2018The test for determining voluntariness is whether the statement was the "product of an essentially free and unconstrained choice by its maker," Schneckloth v. Bustamonte , 412 U.S. 218 , 225, 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), or "induced by such duress or coercion that the suspect's 'will has been overborne and his capacity for self-determination critically impaired.' " United States v. Locklear , 829 F.2d 1314 , 1317 (1987) (quoting Schneckloth , 412 U.S. at 225 , 93 S.Ct. 2041 ); see Colorado v. Connelly , 479 U.S. 157 , 167, 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that "coercive

11
Briley v. Commonwealthgreen
va · 1980 · cited in 1 Virginia opinions naming this issue, 2015–2015
2 sentences

2015See Linwood Earl Briley v. Commonwealth, 221 Va. 532 , 540, 273 S.E.2d 48 , 53 (1980) ("Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." (quoting United States v. Barrentine, 591 F.2d 1069 , 1081 (5th Cir.1979) )).

2015See Linwood Earl Briley v. Commonwealth, 221 Va. 532 , 540, 273 S.E.2d 48 , 53 (1980) ("Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." (quoting United States v. Barrentine, 591 F.2d 1069 , 1081 (5th Cir.1979) )).

11
United States v. Barrentinegreen
· 1979 · cited in 1 Virginia opinions naming this issue, 2015–2015
1 sentence

2015See Linwood Earl Briley v. Commonwealth, 221 Va. 532 , 540, 273 S.E.2d 48 , 53 (1980) ("Cross-examination on a part of a transaction enables the opposing party to elicit evidence on redirect examination of the whole transaction at least to the extent that it relates to the same subject." (quoting United States v. Barrentine, 591 F.2d 1069 , 1081 (5th Cir.1979) )).

11
NAJLA Associates, Inc. v. William L. Griffith & Co.green
va · 1997 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997See NAJLA, 253 Va. at 87 , 480 S.E.2d at 494 ; Richmond Medical Supply Co., 235 Va. at 586 , 369 S.E.2d at 409 ; Roanoke Hospital, 215 Va. at 801 , 214 S.E.2d at 160 .

1997See NAJLA, 253 Va. at 87 , 480 S.E.2d at 494 ; Richmond Medical Supply Co., 235 Va. at 586 , 369 S.E.2d at 409 ; Roanoke Hospital, 215 Va. at 801 , 214 S.E.2d at 160 .

11
APL Corp. v. Aetna Casualty & Surety Co.green
mdd · 1980 · cited in 1 Virginia opinions naming this issue, 1996–1996
1 sentence

1996The court considers the following factors, among others, to be relevant in applying the above-stated test: (1) Severity of the plaintiff’s injuries (see Suggs, 152 F.R.D. at 506 , holding that an insurance company investigating an accident which resulted in serious injury or death would more likely conduct its investigation in anticipation of litigation than if the accident was less severe); (2) Whether it is immediately apparent that the negligence, if any, would likely be solely with the insurance company’s insured (see, id., holding when an insurance company conducts an investigation where

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
United States v. Haynes Lee Locklear, D/B/A Riggs Motors green
ca4 · 1987
1 sentence

2018The test for determining voluntariness is whether the statement was the "product of an essentially free and unconstrained choice by its maker," Schneckloth v. Bustamonte , 412 U.S. 218 , 225, 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), or "induced by such duress or coercion that the suspect's 'will has been overborne and his capacity for self-determination critically impaired.' " United States v. Locklear , 829 F.2d 1314 , 1317 (1987) (quoting Schneckloth , 412 U.S. at 225 , 93 S.Ct. 2041 ); see Colorado v. Connelly , 479 U.S. 157 , 167, 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that "coercive

12018–2018
Schneckloth v. Bustamonte green
scotus · 1973
2 sentences

2018The test for determining voluntariness is whether the statement was the "product of an essentially free and unconstrained choice by its maker," Schneckloth v. Bustamonte , 412 U.S. 218 , 225, 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), or "induced by such duress or coercion that the suspect's 'will has been overborne and his capacity for self-determination critically impaired.' " United States v. Locklear , 829 F.2d 1314 , 1317 (1987) (quoting Schneckloth , 412 U.S. at 225 , 93 S.Ct. 2041 ); see Colorado v. Connelly , 479 U.S. 157 , 167, 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that "coercive

2018The test for determining voluntariness is whether the statement was the "product of an essentially free and unconstrained choice by its maker," Schneckloth v. Bustamonte , 412 U.S. 218 , 225, 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973), or "induced by such duress or coercion that the suspect's 'will has been overborne and his capacity for self-determination critically impaired.' " United States v. Locklear , 829 F.2d 1314 , 1317 (1987) (quoting Schneckloth , 412 U.S. at 225 , 93 S.Ct. 2041 ); see Colorado v. Connelly , 479 U.S. 157 , 167, 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that "coercive

12018–2018
Com. v. Squire green
va · 2009
2 sentences

2018Accordingly, as to those subsidiary factual findings, we will again apply the above-stated standard of review: whether those findings are " 'plainly wrong or without evidence to support [them].' " DeMille , 283 Va. at 323, 720 S.E.2d 69 (quoting Squire , 278 Va. at 751 , 685 S.E.2d 631 ).

2018Accordingly, as to those subsidiary factual findings, we will again apply the above-stated standard of review: whether those findings are " 'plainly wrong or without evidence to support [them].' " DeMille , 283 Va. at 323, 720 S.E.2d 69 (quoting Squire , 278 Va. at 751 , 685 S.E.2d 631 ).

12018–2018
Savino v. Commonwealth green
va · 1990
2 sentences

2015Consistent with the above-stated standard of review, "[o]nce a party has *269 'opened the door' to inquiry into a subject, the permissible scope of examination on the subject by the opposing party is 'a matter for the exercise of discretion by the trial court,' and we will not disturb the court's action on appeal unless it plainly appears that the court abused its discretion." Savino v. Commonwealth, 239 Va. 534 , 545, 391 S.E.2d 276 , 282 (1990) (quoting Bunch v. Commonwealth, 225 Va. 423 , 438, 304 S.E.2d 271 , 279-80 (1983) ).

2015Consistent with the above-stated standard of review, "[o]nce a party has *269 'opened the door' to inquiry into a subject, the permissible scope of examination on the subject by the opposing party is 'a matter for the exercise of discretion by the trial court,' and we will not disturb the court's action on appeal unless it plainly appears that the court abused its discretion." Savino v. Commonwealth, 239 Va. 534 , 545, 391 S.E.2d 276 , 282 (1990) (quoting Bunch v. Commonwealth, 225 Va. 423 , 438, 304 S.E.2d 271 , 279-80 (1983) ).

12015–2015
Bunch v. Commonwealth green
va · 1983
2 sentences

2015Consistent with the above-stated standard of review, "[o]nce a party has *269 'opened the door' to inquiry into a subject, the permissible scope of examination on the subject by the opposing party is 'a matter for the exercise of discretion by the trial court,' and we will not disturb the court's action on appeal unless it plainly appears that the court abused its discretion." Savino v. Commonwealth, 239 Va. 534 , 545, 391 S.E.2d 276 , 282 (1990) (quoting Bunch v. Commonwealth, 225 Va. 423 , 438, 304 S.E.2d 271 , 279-80 (1983) ).

2015Consistent with the above-stated standard of review, "[o]nce a party has *269 'opened the door' to inquiry into a subject, the permissible scope of examination on the subject by the opposing party is 'a matter for the exercise of discretion by the trial court,' and we will not disturb the court's action on appeal unless it plainly appears that the court abused its discretion." Savino v. Commonwealth, 239 Va. 534 , 545, 391 S.E.2d 276 , 282 (1990) (quoting Bunch v. Commonwealth, 225 Va. 423 , 438, 304 S.E.2d 271 , 279-80 (1983) ).

12015–2015
Richmond Medical Supply Co. v. Clifton green
va · 1988
2 sentences

1997See NAJLA, 253 Va. at 87 , 480 S.E.2d at 494 ; Richmond Medical Supply Co., 235 Va. at 586 , 369 S.E.2d at 409 ; Roanoke Hospital, 215 Va. at 801 , 214 S.E.2d at 160 .

1997See NAJLA, 253 Va. at 87 , 480 S.E.2d at 494 ; Richmond Medical Supply Co., 235 Va. at 586 , 369 S.E.2d at 409 ; Roanoke Hospital, 215 Va. at 801 , 214 S.E.2d at 160 .

11997–1997
Roanoke Hospital Ass'n v. Doyle & Russell, Inc. green
va · 1975
2 sentences

1997See NAJLA, 253 Va. at 87 , 480 S.E.2d at 494 ; Richmond Medical Supply Co., 235 Va. at 586 , 369 S.E.2d at 409 ; Roanoke Hospital, 215 Va. at 801 , 214 S.E.2d at 160 .

1997See NAJLA, 253 Va. at 87 , 480 S.E.2d at 494 ; Richmond Medical Supply Co., 235 Va. at 586 , 369 S.E.2d at 409 ; Roanoke Hospital, 215 Va. at 801 , 214 S.E.2d at 160 .

11997–1997
National Union Fire Insurance Company of Pittsburgh, Pa. v. Murray Sheet Metal Company, Incorporated, and Arkwright Mutual Insurance Company green
ca4 · 1992
1 sentence

1996The court considers the following factors, among others, to be relevant in applying the above-stated test: (1) Severity of the plaintiff’s injuries (see Suggs, 152 F.R.D. at 506 , holding that an insurance company investigating an accident which resulted in serious injury or death would more likely conduct its investigation in anticipation of litigation than if the accident was less severe); (2) Whether it is immediately apparent that the negligence, if any, would likely be solely with the insurance company’s insured (see, id., holding when an insurance company conducts an investigation where

11996–1996
Basinger v. Glacier Carriers, Inc. green
pamd · 1985
1 sentence

1996The court considers the following factors, among others, to be relevant in applying the above-stated test: (1) Severity of the plaintiff’s injuries (see Suggs, 152 F.R.D. at 506 , holding that an insurance company investigating an accident which resulted in serious injury or death would more likely conduct its investigation in anticipation of litigation than if the accident was less severe); (2) Whether it is immediately apparent that the negligence, if any, would likely be solely with the insurance company’s insured (see, id., holding when an insurance company conducts an investigation where

11996–1996
Pete Rinaldi's Fast Foods, Inc. v. Great American Insurance Companies green
ncmd · 1988
1 sentence

1996The court considers the following factors, among others, to be relevant in applying the above-stated test: (1) Severity of the plaintiff’s injuries (see Suggs, 152 F.R.D. at 506 , holding that an insurance company investigating an accident which resulted in serious injury or death would more likely conduct its investigation in anticipation of litigation than if the accident was less severe); (2) Whether it is immediately apparent that the negligence, if any, would likely be solely with the insurance company’s insured (see, id., holding when an insurance company conducts an investigation where

11996–1996
Blough v. Food Lion, Inc. green
vaed · 1992
1 sentence

1996The court considers the following factors, among others, to be relevant in applying the above-stated test: (1) Severity of the plaintiff’s injuries (see Suggs, 152 F.R.D. at 506 , holding that an insurance company investigating an accident which resulted in serious injury or death would more likely conduct its investigation in anticipation of litigation than if the accident was less severe); (2) Whether it is immediately apparent that the negligence, if any, would likely be solely with the insurance company’s insured (see, id., holding when an insurance company conducts an investigation where

11996–1996
Suggs v. Whitaker green
ncmd · 1993
2 sentences

1996The court considers the following factors, among others, to be relevant in applying the above-stated test: (1) Severity of the plaintiff’s injuries (see Suggs, 152 F.R.D. at 506 , holding that an insurance company investigating an accident which resulted in serious injury or death would more likely conduct its investigation in anticipation of litigation than if the accident was less severe); (2) Whether it is immediately apparent that the negligence, if any, would likely be solely with the insurance company’s insured (see, id., holding when an insurance company conducts an investigation where

1996The court considers the following factors, among others, to be relevant in applying the above-stated test: (1) Severity of the plaintiff’s injuries (see Suggs, 152 F.R.D. at 506 , holding that an insurance company investigating an accident which resulted in serious injury or death would more likely conduct its investigation in anticipation of litigation than if the accident was less severe); (2) Whether it is immediately apparent that the negligence, if any, would likely be solely with the insurance company’s insured (see, id., holding when an insurance company conducts an investigation where

11996–1996
Brewis v. Lawson green
va · 1881
1 sentence

1851Brewis v. Lawson, 76 Va. 36 ; Watts v. Taylor, 80 Va. 627 .

11851–1851
Watts v. Taylor's Adm'r neutral
va · 1885
1 sentence

1851Brewis v. Lawson, 76 Va. 36 ; Watts v. Taylor, 80 Va. 627 .

11851–1851

Where else courts name it

IL 32 (1944–2021) AL 28 (1914–2015) GA 23 (1905–2018) CA 20 (1919–2016) FL 19 (1973–1997) PA 19 (1912–2026) LA 14 (1933–2022) NY 12 (1913–2005) OH 8 (1953–2018) TX 7 (1921–2015) IN 7 (1931–2015) MI 6 (1970–1993) MS 6 (1963–2020) NE 6 (1951–2002) HI 6 (1980–2004) MO 6 (1960–1995) NC 6 (1970–2012) MD 5 (1972–2009) VA 5 (1851–2018) NJ 5 (1927–1989) WA 4 (1902–1960) AR 4 (1987–2010) NM 4 (1986–2020) IA 4 (1938–1949) WI 4 (1899–1956) WY 4 (1956–2017) SC 3 (1934–1985) MT 3 (1959–1996) OK 3 (1950–1980) KS 3 (1948–1995) OR 3 (1962–2011) MA 2 (2007–2012) ND 2 (1977–1977) ME 2 (2005–2009) CT 2 (1939–1989) TN 2 (1977–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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