fundamental constitutional principle (Virginia) · Go Syfert
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fundamental constitutional principle in Virginia

5 Virginia opinions name it 2 courts 2005–2016 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 (6)

CaseFollowedCited
Blakely v. Washingtongreen
scotus · 2004 · cited in 3 Virginia opinions naming this issue, 2005–2008
2 sentences

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

33
Spokeo, Inc. v. Robinsgreen
scotus · 2016 · cited in 2 Virginia opinions naming this issue, 2016–2016
2 sentences

2016See Goldman v. Landsidle, 262 Va. 364, 370 , 552 S.E.2d 67, 70 (2001); see also Spokeo, Inc. v. Robins, 578 U.S. ___ , ___, 136 S.Ct. 1540, 1547 (2016) (noting that federal standing doctrine “confines the federal courts to a properly judicial role”).

2016Owners Ass’n, 273 Va. 107, 120 , 639 S.E.2d 257, 265 (2007) (internal 9 quotation marks and citation omitted). 1 10 The limited role of the judiciary, together with the fundamental constitutional doctrine of 11 separation of powers, counsel that the standing inquiry must be particularly rigorous when a 12 litigant seeks the extraordinary remedy of mandamus, by which courts may compel public 13 officials, and particularly officials in co-equal branches of government, to perform their duties. 14 See Goldman v. Landsidle, 262 Va. 364, 370 , 552 S.E.2d 67, 70 (2001); see also Spokeo, Inc. v. 15 Ro

22
Westlake Properties v. Westlake Pointe Ass'ngreen
va · 2007 · cited in 2 Virginia opinions naming this issue, 2016–2016
2 sentences

2016Owners Ass’n, 273 Va. 107, 120 , 639 S.E.2d 257, 265 (2007) (internal 9 quotation marks and citation omitted). 1 10 The limited role of the judiciary, together with the fundamental constitutional doctrine of 11 separation of powers, counsel that the standing inquiry must be particularly rigorous when a 12 litigant seeks the extraordinary remedy of mandamus, by which courts may compel public 13 officials, and particularly officials in co-equal branches of government, to perform their duties. 14 See Goldman v. Landsidle, 262 Va. 364, 370 , 552 S.E.2d 67, 70 (2001); see also Spokeo, Inc. v. 15 Ro

2016Owners Ass’n, 273 Va. 107, 120 , 639 S.E.2d 257, 265 (2007) (internal 9 quotation marks and citation omitted). 1 10 The limited role of the judiciary, together with the fundamental constitutional doctrine of 11 separation of powers, counsel that the standing inquiry must be particularly rigorous when a 12 litigant seeks the extraordinary remedy of mandamus, by which courts may compel public 13 officials, and particularly officials in co-equal branches of government, to perform their duties. 14 See Goldman v. Landsidle, 262 Va. 364, 370 , 552 S.E.2d 67, 70 (2001); see also Spokeo, Inc. v. 15 Ro

22
Goldman v. Landsidlegreen
va · 2001 · cited in 2 Virginia opinions naming this issue, 2016–2016
2 sentences

2016Owners Ass’n, 273 Va. 107, 120 , 639 S.E.2d 257, 265 (2007) (internal 9 quotation marks and citation omitted). 1 10 The limited role of the judiciary, together with the fundamental constitutional doctrine of 11 separation of powers, counsel that the standing inquiry must be particularly rigorous when a 12 litigant seeks the extraordinary remedy of mandamus, by which courts may compel public 13 officials, and particularly officials in co-equal branches of government, to perform their duties. 14 See Goldman v. Landsidle, 262 Va. 364, 370 , 552 S.E.2d 67, 70 (2001); see also Spokeo, Inc. v. 15 Ro

2016Owners Ass’n, 273 Va. 107, 120 , 639 S.E.2d 257, 265 (2007) (internal 9 quotation marks and citation omitted). 1 10 The limited role of the judiciary, together with the fundamental constitutional doctrine of 11 separation of powers, counsel that the standing inquiry must be particularly rigorous when a 12 litigant seeks the extraordinary remedy of mandamus, by which courts may compel public 13 officials, and particularly officials in co-equal branches of government, to perform their duties. 14 See Goldman v. Landsidle, 262 Va. 364, 370 , 552 S.E.2d 67, 70 (2001); see also Spokeo, Inc. v. 15 Ro

22
United States v. Gaudingreen
scotus · 1995 · cited in 2 Virginia opinions naming this issue, 2005–2005
2 sentences

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

22
Washington v. Com.green
vactapp · 2005 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008As we noted in Washington v. Commonwealth, 46 Va. App. 276, 291-92 , 616 S.E.2d 774, 782 (2005) (en banc): The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , 125 S. Ct. 738, 756 , 160 L.

2008As we noted in Washington v. Commonwealth, 46 Va. App. 276, 291-92 , 616 S.E.2d 774, 782 (2005) (en banc): The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , 125 S. Ct. 738, 756 , 160 L.

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 (5)

CaseCitedYears
United States v. Booker green
scotus · 2004
2 sentences

2008As we noted in Washington v. Commonwealth, 46 Va. App. 276, 291-92 , 616 S.E.2d 774, 782 (2005) (en banc): The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , 125 S. Ct. 738, 756 , 160 L.

2008As we noted in Washington v. Commonwealth, 46 Va. App. 276, 291-92 , 616 S.E.2d 774, 782 (2005) (en banc): The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , 125 S. Ct. 738, 756 , 160 L.

32005–2008
Jones v. United States green
scotus · 1999
2 sentences

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

22005–2005
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

22005–2005
Ring v. Arizona green
scotus · 2002
2 sentences

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

22005–2005
In Re WINSHIP green
scotus · 1970
2 sentences

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

2005The United States Supreme Court has recently re-affirmed the fundamental constitutional principle that: “Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” United States v. Booker, 543 U.S. 220 , -, 125 S.Ct. 738, 756 , 160 L.Ed.2d 621 (2005); see also Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531, 2536 , 159 L.Ed.2d 403 (2004); Ring v. Arizona, 536 U.S. 584, 589 , 122 S.Ct. 2

22005–2005

Statutes the citing opinions construe

VA § Va. Code Ann. § 19.2-295.1 (3)

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.

Where else courts name it

CA 23 (1964–2026) NY 15 (1971–2009) TX 13 (1935–2021) MI 12 (1955–2025) TN 11 (1995–2015) IL 11 (1986–2010) MS 8 (1988–2022) DE 8 (1966–2022) WA 8 (1991–2025) VT 5 (1986–2004) VA 5 (2005–2016) FL 5 (1966–2018) PA 5 (1969–2020) OR 5 (1961–2001) WY 5 (1965–2024) OK 4 (1978–2007) CO 4 (1976–2021) WI 4 (1978–2004) AZ 3 (2001–2004) ID 3 (1991–2021) MA 3 (1978–1993) WV 3 (1969–2001) MD 3 (1987–2019) LA 3 (1913–2000) NJ 2 (2002–2012) OH 2 (1966–1999) ME 2 (1981–2021) CT 2 (1997–2013)

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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