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5 Virginia opinions name it 1 courts 1995–2022 1 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.
| Case | Followed | Cited |
|---|---|---|
Bell v. Commonwealthgreen2 sentences2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m 2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m | 2 | 2 |
Coram v. Commonwealthgreen2 sentences2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m 2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m | 2 | 2 |
Phoung v. Commonwealthgreen2 sentences2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m 2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m | 2 | 2 |
Hoke v. Commonwealthgreen2 sentences2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m 2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m | 2 | 2 |
Brown v. Commonwealthgreen2 sentences2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m 2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m | 2 | 2 |
Cardwell v. Commonwealthgreen2 sentences2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m 2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m | 2 | 2 |
Powell v. Commonwealthgreen2 sentences2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m 2010See, e.g., Powell v. Commonwealth, 261 Va. 512, 541 , 552 S.E.2d 344, 360-61 (2001) (upholding conviction for abduction as more than necessary to accomplish rape where the defendant ordered [the] victim to go to a more secluded part of her home and bound and detained her for a lengthy *722 period of time); Cardwell v. Commonwealth, 248 Va. 501, 511 , 450 S.E.2d 146, 153 (1994) (upholding conviction for abduction because it was “greater than the restraint intrinsic in a robbery” where [the] defendant transported [the] victim away from the robbery scene, which robbery was already complete, and m | 2 | 2 |
In re: Woodleygreen1 sentence2020Homeowners Ass’n, Inc., 291 Va. 269, 277 (2016) (quoting In re: Woodley, 290 Va. 482, 491 (2015)). | 1 | 1 |
Tvardek v. Powhatan Vill. Homeowners Ass'n, Inc.green1 sentence2020Homeowners Ass’n, Inc., 291 Va. 269, 277 (2016) (quoting In re: Woodley, 290 Va. 482, 491 (2015)). | 1 | 1 |
State v. Stouffergreen2 sentences2004Id.; see also United States v. Howard, 918 F.2d 1529, 1536 (11th Cir.1990) (adopting the Berry analysis); People v. Smith, 91 Ill.App.3d 523 , 47 Ill.Dec. 1 , 414 N.E.2d 1117, 1122 (1980) (same); cf. Stouffer, 721 A.2d at 215 (declining to adopt any specific test, but nonetheless applying the factors *495 delineated in Berry); State v. Farmer, 191 W.Va. 372 , 445 S.E.2d 759, 764 (1994) (stating that it is appropriate to examine certain factors substantially similar to those delineated in Berry). 2004Id.; see also United States v. Howard, 918 F.2d 1529, 1536 (11th Cir.1990) (adopting the Berry analysis); People v. Smith, 91 Ill.App.3d 523 , 47 Ill.Dec. 1 , 414 N.E.2d 1117, 1122 (1980) (same); cf. Stouffer, 721 A.2d at 215 (declining to adopt any specific test, but nonetheless applying the factors *495 delineated in Berry); State v. Farmer, 191 W.Va. 372 , 445 S.E.2d 759, 764 (1994) (stating that it is appropriate to examine certain factors substantially similar to those delineated in Berry). | 1 | 1 |
United States v. Jeffrey David Howard, Ricky Leroy Stanley, Derrick Smith, Samuel J. Cooper, Jr.green2 sentences2004Id.; see also United States v. Howard, 918 F.2d 1529, 1536 (11th Cir.1990) (adopting the Berry analysis); People v. Smith, 91 Ill.App.3d 523 , 47 Ill.Dec. 1 , 414 N.E.2d 1117, 1122 (1980) (same); cf. Stouffer, 721 A.2d at 215 (declining to adopt any specific test, but nonetheless applying the factors *495 delineated in Berry); State v. Farmer, 191 W.Va. 372 , 445 S.E.2d 759, 764 (1994) (stating that it is appropriate to examine certain factors substantially similar to those delineated in Berry). 2004Id.; see also United States v. Howard, 918 F.2d 1529, 1536 (11th Cir.1990) (adopting the Berry analysis); People v. Smith, 91 Ill.App.3d 523 , 47 Ill.Dec. 1 , 414 N.E.2d 1117, 1122 (1980) (same); cf. Stouffer, 721 A.2d at 215 (declining to adopt any specific test, but nonetheless applying the factors *495 delineated in Berry); State v. Farmer, 191 W.Va. 372 , 445 S.E.2d 759, 764 (1994) (stating that it is appropriate to examine certain factors substantially similar to those delineated in Berry). | 1 | 1 |
People v. Smithgreen2 sentences2004Id.; see also United States v. Howard, 918 F.2d 1529, 1536 (11th Cir.1990) (adopting the Berry analysis); People v. Smith, 91 Ill.App.3d 523 , 47 Ill.Dec. 1 , 414 N.E.2d 1117, 1122 (1980) (same); cf. Stouffer, 721 A.2d at 215 (declining to adopt any specific test, but nonetheless applying the factors *495 delineated in Berry); State v. Farmer, 191 W.Va. 372 , 445 S.E.2d 759, 764 (1994) (stating that it is appropriate to examine certain factors substantially similar to those delineated in Berry). 2004Id.; see also United States v. Howard, 918 F.2d 1529, 1536 (11th Cir.1990) (adopting the Berry analysis); People v. Smith, 91 Ill.App.3d 523 , 47 Ill.Dec. 1 , 414 N.E.2d 1117, 1122 (1980) (same); cf. Stouffer, 721 A.2d at 215 (declining to adopt any specific test, but nonetheless applying the factors *495 delineated in Berry); State v. Farmer, 191 W.Va. 372 , 445 S.E.2d 759, 764 (1994) (stating that it is appropriate to examine certain factors substantially similar to those delineated in Berry). | 1 | 1 |
State v. Farmergreen2 sentences2004Id.; see also United States v. Howard, 918 F.2d 1529, 1536 (11th Cir.1990) (adopting the Berry analysis); People v. Smith, 91 Ill.App.3d 523 , 47 Ill.Dec. 1 , 414 N.E.2d 1117, 1122 (1980) (same); cf. Stouffer, 721 A.2d at 215 (declining to adopt any specific test, but nonetheless applying the factors *495 delineated in Berry); State v. Farmer, 191 W.Va. 372 , 445 S.E.2d 759, 764 (1994) (stating that it is appropriate to examine certain factors substantially similar to those delineated in Berry). 2004Id.; see also United States v. Howard, 918 F.2d 1529, 1536 (11th Cir.1990) (adopting the Berry analysis); People v. Smith, 91 Ill.App.3d 523 , 47 Ill.Dec. 1 , 414 N.E.2d 1117, 1122 (1980) (same); cf. Stouffer, 721 A.2d at 215 (declining to adopt any specific test, but nonetheless applying the factors *495 delineated in Berry); State v. Farmer, 191 W.Va. 372 , 445 S.E.2d 759, 764 (1994) (stating that it is appropriate to examine certain factors substantially similar to those delineated in Berry). | 1 | 1 |
Wells v. Com., Dept. of Transp.green2 sentences1995Wells v. Commonwealth, Dep't of Transp., 15 Va. App. 561, 565 , 425 S.E.2d 536, 538 (1993). 1995Wells v. Commonwealth, Dep't of Transp., 15 Va. App. 561, 565 , 425 S.E.2d 536, 538 (1993). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Toms v. Hanover Department of Social Services
green
1 sentence2022Accordingly, his hearsay objection has been waived.8 8 As for Berry’s challenge of the foster-care goal of adoption, “[o]ur decision to affirm the termination order necessarily subsumes this aspect of his appeal because a preponderance-of-the-evidence standard governs judicial modifications of foster care plans.” Toms, 46 Va. App. at 265 n.3. -9- CONCLUSION Considering the totality of the evidence in the light most favorable to the Department, the circuit court did not err in terminating Berry’s parental rights under either Code § 16.1-283(B) or (C)(2). | 1 | 2022–2022 |
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.