three assignments error (Virginia) · Go Syfert
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three assignments error in Virginia

5 Virginia opinions name it 2 courts 2005–2022 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.

Followed or applied (5)

CaseFollowedCited
Andrew Gilbert Schmuhl v. Commonwealth of Virginiagreen
vactapp · 2018 · cited in 1 Virginia opinions naming this issue, 2020–2020
1 sentence

2020See Wakeman v. Commonwealth, 69 Va. App. 528, 535 (2018) (qualifications), aff’d, 298 Va. 412 (2020) (per curiam order); Schmuhl v. Commonwealth, 69 Va. App. 281, 299 (2018) (admissibility of expert testimony), aff’d, 298 Va. 131 (2019) (per curiam order); Kilby v. Commonwealth, 52 Va. App. 397, 410 (2008) (admissibility of expert testimony).

11
Patrick Joseph Wakeman v. Commonwealth of Virginiagreen
vactapp · 2018 · cited in 1 Virginia opinions naming this issue, 2020–2020
1 sentence

2020See Wakeman v. Commonwealth, 69 Va. App. 528, 535 (2018) (qualifications), aff’d, 298 Va. 412 (2020) (per curiam order); Schmuhl v. Commonwealth, 69 Va. App. 281, 299 (2018) (admissibility of expert testimony), aff’d, 298 Va. 131 (2019) (per curiam order); Kilby v. Commonwealth, 52 Va. App. 397, 410 (2008) (admissibility of expert testimony).

11
Stafford Service Corp. v. State Corp. Commissiongreen
va · 1979 · cited in 1 Virginia opinions naming this issue, 2020–2020
1 sentence

2020Corp. v. State Corp. Comm’n, 220 Va. 559, 563 (1979) (concluding that “in view of the Commission’s [ruling on a particular issue], and [the Supreme Court of Virginia’s] affirmance of that ruling, the [appellant’s remaining] question [was] moot”); cf. generally Logan v. Commonwealth, 47 Va. App. 168 , 172 & n.4 (2005) (en banc) (recognizing that a party may concede facts and waive legal issues and that an appellate court need not decide points resolved by concession or waiver). - 11 - Consequently, based upon the employer’s appropriate concessions, we do not further consider the remaining three

11
Kilby v. Commonwealthgreen
vactapp · 2008 · cited in 1 Virginia opinions naming this issue, 2020–2020
1 sentence

2020See Wakeman v. Commonwealth, 69 Va. App. 528, 535 (2018) (qualifications), aff’d, 298 Va. 412 (2020) (per curiam order); Schmuhl v. Commonwealth, 69 Va. App. 281, 299 (2018) (admissibility of expert testimony), aff’d, 298 Va. 131 (2019) (per curiam order); Kilby v. Commonwealth, 52 Va. App. 397, 410 (2008) (admissibility of expert testimony).

11
Lowes of Short Pump Virginia v. Campbellgreen
vactapp · 2002 · cited in 1 Virginia opinions naming this issue, 2013–2013
2 sentences

2013Code § 65.2-713(A) *205 grants this Court the authority to assess against employer the costs of these proceedings including “a reasonable attorney’s fee,” if we determine these “proceedings have been brought, prosecuted, or defended without reasonable grounds.” See, e.g., Lowes of Short Pump Va. v. Campbell, 38 Va.App. 55, 62 , 561 S.E.2d 757, 760 (2002) (awarding the claimant attorney’s fees and costs against the employer where three of the employer’s assignments of error were barred under Rule 5A:18 and the remaining three assignments of error conflicted with stipulations it made before the

2013Code § 65.2-713(A) *205 grants this Court the authority to assess against employer the costs of these proceedings including “a reasonable attorney’s fee,” if we determine these “proceedings have been brought, prosecuted, or defended without reasonable grounds.” See, e.g., Lowes of Short Pump Va. v. Campbell, 38 Va.App. 55, 62 , 561 S.E.2d 757, 760 (2002) (awarding the claimant attorney’s fees and costs against the employer where three of the employer’s assignments of error were barred under Rule 5A:18 and the remaining three assignments of error conflicted with stipulations it made before the

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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 (4)

CaseCitedYears
Anders v. California green
scotus · 1967
1 sentence

2022On appeal, his attorney raises five assignments of error, but states that two of them are appealed “pursuant to Anders v. California, 386 U.S. 738 (1967).” Counsel identifies the issues in those two assignments of error, makes the necessary representation under Anders, and moves to withdraw as to those assignments of error only.1 He addresses the other three assignments of error on their merits. 1 On March 11, 2022, we granted appellant’s counsel’s request for an extension of time to allow appellant pro se to file a supplemental opening brief.

12022–2022
Logan v. Commonwealth green
vactapp · 2005
1 sentence

2020Corp. v. State Corp. Comm’n, 220 Va. 559, 563 (1979) (concluding that “in view of the Commission’s [ruling on a particular issue], and [the Supreme Court of Virginia’s] affirmance of that ruling, the [appellant’s remaining] question [was] moot”); cf. generally Logan v. Commonwealth, 47 Va. App. 168 , 172 & n.4 (2005) (en banc) (recognizing that a party may concede facts and waive legal issues and that an appellate court need not decide points resolved by concession or waiver). - 11 - Consequently, based upon the employer’s appropriate concessions, we do not further consider the remaining three

12020–2020
Wilby v. Gostel green
va · 2003
2 sentences

2005Wilby v. Gostel, 265 Va. 437 , 440, 578 S.E.2d 796 , 798 (2003); Eure v. Norfolk Shipbuilding & Drydock Corp., 263 Va. 624 , 631, 561 S.E.2d 663 , 667 (2002).

2005Wilby v. Gostel, 265 Va. 437 , 440, 578 S.E.2d 796 , 798 (2003); Eure v. Norfolk Shipbuilding & Drydock Corp., 263 Va. 624 , 631, 561 S.E.2d 663 , 667 (2002).

12005–2005
Eure v. Norfolk Shipbuilding & Drydock Corp. green
va · 2002
2 sentences

2005Wilby v. Gostel, 265 Va. 437 , 440, 578 S.E.2d 796 , 798 (2003); Eure v. Norfolk Shipbuilding & Drydock Corp., 263 Va. 624 , 631, 561 S.E.2d 663 , 667 (2002).

2005Wilby v. Gostel, 265 Va. 437 , 440, 578 S.E.2d 796 , 798 (2003); Eure v. Norfolk Shipbuilding & Drydock Corp., 263 Va. 624 , 631, 561 S.E.2d 663 , 667 (2002).

12005–2005

Where else courts name it

OH 134 (1978–2026) LA 14 (1977–2020) VA 5 (2005–2022) MS 4 (1967–2007) OR 4 (2010–2024) OK 3 (1923–1976) FL 2 (1909–1946) WV 2 (1942–1962) KS 2 (1936–1963) AL 2 (1963–1970) NC 2 (1975–1985) CT 2 (1924–1972)

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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