record rebuts presumption (Virginia) · Go Syfert
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record rebuts presumption in Virginia

5 Virginia opinions name it 1 courts 1999–2019 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 (10)

CaseFollowedCited
Marttila v. City of Lynchburggreen
vactapp · 2000 · cited in 1 Virginia opinions naming this issue, 2019–2019
1 sentence

2019In keeping with controlling authority, “[t]his is not a case” in which the written order merely “changed or negated the oral ruling.” Guba v. Commonwealth, 9 Va. App. 114, 118 (1989); see Marttila, 33 Va. App. at 598 .

11
Guba v. Commonwealthgreen
vactapp · 1989 · cited in 1 Virginia opinions naming this issue, 2019–2019
1 sentence

2019In keeping with controlling authority, “[t]his is not a case” in which the written order merely “changed or negated the oral ruling.” Guba v. Commonwealth, 9 Va. App. 114, 118 (1989); see Marttila, 33 Va. App. at 598 .

11
Moran v. Burbinegreen
scotus · 1986 · cited in 1 Virginia opinions naming this issue, 2008–2008
1 sentence

2008In the case of a juvenile, although “[t]he absence of a parent or counsel is ‘a circumstance that weigh[s] against the admissibility of the confession,’” it is only one “factor to be considered in the totality of the circumstances when determining whether a waiver is knowing and intelligent.” Grogg v. Commonwealth, 6 Va. App. 598, 613 , 371 S.E.2d 549, 557 (1988) (quoting Miller v. Maryland, 577 F.2d 1158, 1159 (4th Cir. 1978)); see Jackson v. Commonwealth, 255 Va. 625, 638 , 449 S.E.2d 538, 546 (1998) (citing Moran v. Burbine, 475 U.S. 412, 422 (1986)).

11
Grogg v. Commonwealthgreen
vactapp · 1988 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008In the case of a juvenile, although “[t]he absence of a parent or counsel is ‘a circumstance that weigh[s] against the admissibility of the confession,’” it is only one “factor to be considered in the totality of the circumstances when determining whether a waiver is knowing and intelligent.” Grogg v. Commonwealth, 6 Va. App. 598, 613 , 371 S.E.2d 549, 557 (1988) (quoting Miller v. Maryland, 577 F.2d 1158, 1159 (4th Cir. 1978)); see Jackson v. Commonwealth, 255 Va. 625, 638 , 449 S.E.2d 538, 546 (1998) (citing Moran v. Burbine, 475 U.S. 412, 422 (1986)).

2008In the case of a juvenile, although “[t]he absence of a parent or counsel is ‘a circumstance that weigh[s] against the admissibility of the confession,’” it is only one “factor to be considered in the totality of the circumstances when determining whether a waiver is knowing and intelligent.” Grogg v. Commonwealth, 6 Va. App. 598, 613 , 371 S.E.2d 549, 557 (1988) (quoting Miller v. Maryland, 577 F.2d 1158, 1159 (4th Cir. 1978)); see Jackson v. Commonwealth, 255 Va. 625, 638 , 449 S.E.2d 538, 546 (1998) (citing Moran v. Burbine, 475 U.S. 412, 422 (1986)).

11
Brown v. Stategreen
gactapp · 1994 · cited in 1 Virginia opinions naming this issue, 2008–2008
1 sentence

2008In the case of a juvenile, although “[t]he absence of a parent or counsel is ‘a circumstance that weigh[s] against the admissibility of the confession,’” it is only one “factor to be considered in the totality of the circumstances when determining whether a waiver is knowing and intelligent.” Grogg v. Commonwealth, 6 Va. App. 598, 613 , 371 S.E.2d 549, 557 (1988) (quoting Miller v. Maryland, 577 F.2d 1158, 1159 (4th Cir. 1978)); see Jackson v. Commonwealth, 255 Va. 625, 638 , 449 S.E.2d 538, 546 (1998) (citing Moran v. Burbine, 475 U.S. 412, 422 (1986)).

11
Gary Lee Miller v. State of Maryland and Gerald A. Kellergreen
ca4 · 1978 · cited in 1 Virginia opinions naming this issue, 2008–2008
1 sentence

2008In the case of a juvenile, although “[t]he absence of a parent or counsel is ‘a circumstance that weigh[s] against the admissibility of the confession,’” it is only one “factor to be considered in the totality of the circumstances when determining whether a waiver is knowing and intelligent.” Grogg v. Commonwealth, 6 Va. App. 598, 613 , 371 S.E.2d 549, 557 (1988) (quoting Miller v. Maryland, 577 F.2d 1158, 1159 (4th Cir. 1978)); see Jackson v. Commonwealth, 255 Va. 625, 638 , 449 S.E.2d 538, 546 (1998) (citing Moran v. Burbine, 475 U.S. 412, 422 (1986)).

11
Jackson v. Commonwealthgreen
va · 1998 · cited in 1 Virginia opinions naming this issue, 2008–2008
1 sentence

2008In the case of a juvenile, although “[t]he absence of a parent or counsel is ‘a circumstance that weigh[s] against the admissibility of the confession,’” it is only one “factor to be considered in the totality of the circumstances when determining whether a waiver is knowing and intelligent.” Grogg v. Commonwealth, 6 Va. App. 598, 613 , 371 S.E.2d 549, 557 (1988) (quoting Miller v. Maryland, 577 F.2d 1158, 1159 (4th Cir. 1978)); see Jackson v. Commonwealth, 255 Va. 625, 638 , 449 S.E.2d 538, 546 (1998) (citing Moran v. Burbine, 475 U.S. 412, 422 (1986)).

11
Virginia & West Virginia Coal Co. v. Charlesgreen
· 1917 · cited in 1 Virginia opinions naming this issue, 2007–2007
1 sentence

2007In Virginia & West Virginia Coal Co. v. Charles, 251 F. 83, 114 (W.D.

11
Cole v. Commonwealthgreen
vactapp · 1993 · cited in 1 Virginia opinions naming this issue, 2003–2003
2 sentences

2003See Cole, 16 Va.App. at 116 , 428 S.E.2d at 305 (noting a court is presumed to “disregard[ ] prejudicial or inadmissible evidence” absent “ ‘clear evidence to the contrary’ ”).

2003See Cole, 16 Va.App. at 116 , 428 S.E.2d at 305 (noting a court is presumed to “disregard[ ] prejudicial or inadmissible evidence” absent “ ‘clear evidence to the contrary’ ”).

11
Lawson v. Commonwealthgreen
vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 1999–1999
2 sentences

1999A jury is presumed to follow a judge’s instruction regarding the limitation placed on a specific piece of evidence, see Lawson v. Commonwealth, 13 Va. App. 109, 112 , 409 S.E.2d 466, 467 (1991), and nothing in the record rebuts the presumption that the jury followed the judge’s admonition.

1999A jury is presumed to follow a judge’s instruction regarding the limitation placed on a specific piece of evidence, see Lawson v. Commonwealth, 13 Va. App. 109, 112 , 409 S.E.2d 466, 467 (1991), and nothing in the record rebuts the presumption that the jury followed the judge’s admonition.

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 (1)

CaseCitedYears
Harrison v. Commonwealth green
va · 1992
2 sentences

2008Because the trial court’s factual findings are entitled to a presumption of correctness, Harrison, 244 Va. at 581 , 423 S.E.2d at 163 , and no evidence in the record rebuts that presumption, we are bound by the trial court’s factual findings. 5 Appellant attended the “Street Law” program pursuant to a court order after he was found to have unlawfully possessed a BB gun on school property. -4- him information that his parents were present at the police station and asking to speak with him and that an attorney procured by his parents to represent him had called the police station.

2008Because the trial court’s factual findings are entitled to a presumption of correctness, Harrison, 244 Va. at 581 , 423 S.E.2d at 163 , and no evidence in the record rebuts that presumption, we are bound by the trial court’s factual findings. 5 Appellant attended the “Street Law” program pursuant to a court order after he was found to have unlawfully possessed a BB gun on school property. -4- him information that his parents were present at the police station and asking to speak with him and that an attorney procured by his parents to represent him had called the police station.

12008–2008

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (4)

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

IL 52 (1971–2026) CA 17 (1990–2025) TX 16 (1990–2024) VA 5 (1999–2019) OH 4 (2008–2022) MD 2 (1975–2008) VT 2 (2000–2022) IA 2 (2015–2015) NY 2 (2012–2015)

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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