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5 Virginia opinions name it 2 courts 1999–2023 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 |
|---|---|---|
Yarbrough v. Commonwealthgreen2 sentences2000In rendering our decision in Yarbrough , we recognized “that the limitations placed upon the availability of parole by Code §§ 53.1-40.01 and 53.1-165.1 may call into question the continued viability of the Coward rule in a non-capital felony case.” Id. at 373, 519 S.E.2d at 615 . 2000In rendering our decision in Yarbrough , we recognized “that the limitations placed upon the availability of parole by Code §§ 53.1-40.01 and 53.1-165.1 may call into question the continued viability of the Coward rule in a non-capital felony case.” Id. at 373, 519 S.E.2d at 615 . | 1 | 2 |
Coward v. Commonwealthgreen2 sentences2000Reviewing the rule, first stated in Coward v. Commonwealth, 164 Va. 639, 646 , 178 S.E. 797, 799 (1935), that a jury should not be instructed upon the possibility of parole, we held that “[t]he Coward rule simply does not address [the] unique situation” in which a jury must elect between a death sentence and a sentence of life without possibility of parole. 2000Reviewing the rule, first stated in Coward v. Commonwealth, 164 Va. 639, 646 , 178 S.E. 797, 799 (1935), that a jury should not be instructed upon the possibility of parole, we held that “[t]he Coward rule simply does not address [the] unique situation” in which a jury must elect between a death sentence and a sentence of life without possibility of parole. | 1 | 2 |
Jones v. Commonwealthgreen1 sentence2023“Virginia law does not permit a motion to vacate that is filed in a trial court long after the court lost active jurisdiction over the criminal case to serve as an all-purpose pleading for collateral review of criminal convictions.” Jones v. Commonwealth, 293 Va. 29, 53 (2017). | 1 | 1 |
Hinton v. Commonwealthgreen2 sentences2000The aim of the rule followed in Virginia is to preserve, as effectively as possible, the separation of those functions during the process when the jury is fixing the penalty, in full recognition of the fact that the average juror is aware that some type of further consideration will usually be given to the sentence imposed.” Hinton v. Commonwealth, 219 Va. 492, 496 , 247 S.E.2d 704, 706 (1978). 2000The aim of the rule followed in Virginia is to preserve, as effectively as possible, the separation of those functions during the process when the jury is fixing the penalty, in full recognition of the fact that the average juror is aware that some type of further consideration will usually be given to the sentence imposed.” Hinton v. Commonwealth, 219 Va. 492, 496 , 247 S.E.2d 704, 706 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Medina v. Raemisch
green
1 sentence2018J.A. at 152. **367 As we have often said, "Lack of an adequate argument on brief in support of an assignment of error constitutes a waiver of that issue." Andrews v. Commonwealth , 280 Va. 231 , 252, 699 S.E.2d 237 , 249 (2010) (applying predecessors to Rules 5:17(c)(6) and 5:27(d) ), cert. denied , 564 U.S. 1008 , 131 S.Ct. 2999 , 180 L.Ed.2d 827 (2010). 14 Our colleagues on the Court of Appeals have expressed the point quite well: "At the risk of stating the obvious, the Rules of the Supreme Court are rules and not suggestions; we expect litigants before this Court to abide by them." If [app | 1 | 2018–2018 |
Jones v. Maryland
neutral
1 sentence2018J.A. at 152. **367 As we have often said, "Lack of an adequate argument on brief in support of an assignment of error constitutes a waiver of that issue." Andrews v. Commonwealth , 280 Va. 231 , 252, 699 S.E.2d 237 , 249 (2010) (applying predecessors to Rules 5:17(c)(6) and 5:27(d) ), cert. denied , 564 U.S. 1008 , 131 S.Ct. 2999 , 180 L.Ed.2d 827 (2010). 14 Our colleagues on the Court of Appeals have expressed the point quite well: "At the risk of stating the obvious, the Rules of the Supreme Court are rules and not suggestions; we expect litigants before this Court to abide by them." If [app | 1 | 2018–2018 |
Tatro v. Thaler
green
1 sentence2018J.A. at 152. **367 As we have often said, "Lack of an adequate argument on brief in support of an assignment of error constitutes a waiver of that issue." Andrews v. Commonwealth , 280 Va. 231 , 252, 699 S.E.2d 237 , 249 (2010) (applying predecessors to Rules 5:17(c)(6) and 5:27(d) ), cert. denied , 564 U.S. 1008 , 131 S.Ct. 2999 , 180 L.Ed.2d 827 (2010). 14 Our colleagues on the Court of Appeals have expressed the point quite well: "At the risk of stating the obvious, the Rules of the Supreme Court are rules and not suggestions; we expect litigants before this Court to abide by them." If [app | 1 | 2018–2018 |
Andrews v. Com.
green
1 sentence2018J.A. at 152. **367 As we have often said, "Lack of an adequate argument on brief in support of an assignment of error constitutes a waiver of that issue." Andrews v. Commonwealth , 280 Va. 231 , 252, 699 S.E.2d 237 , 249 (2010) (applying predecessors to Rules 5:17(c)(6) and 5:27(d) ), cert. denied , 564 U.S. 1008 , 131 S.Ct. 2999 , 180 L.Ed.2d 827 (2010). 14 Our colleagues on the Court of Appeals have expressed the point quite well: "At the risk of stating the obvious, the Rules of the Supreme Court are rules and not suggestions; we expect litigants before this Court to abide by them." If [app | 1 | 2018–2018 |
Fishback v. Commonwealth
green
2 sentences2014Indeed, in Fishback v. Commonwealth, 260 Va. 104 , 532 S.E.2d 629 (2000), the Supreme Court reconsidered the policy underlying the Coward rule in light of statutory enactments that restricted the executive branch’s discretion to modify the sentences imposed on defendants. 2014Indeed, in Fishback v. Commonwealth, 260 Va. 104 , 532 S.E.2d 629 (2000), the Supreme Court reconsidered the policy underlying the Coward rule in light of statutory enactments that restricted the executive branch’s discretion to modify the sentences imposed on defendants. | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.