two aggravating factors (Virginia) · Go Syfert
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two aggravating factors in Virginia

5 Virginia opinions name it 1 courts 2000–2010 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 (2)

CaseFollowedCited
Schmitt v. Commonwealthgreen
va · 2000 · cited in 2 Virginia opinions naming this issue, 2009–2010
2 sentences

2010In Virginia, "the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as `vileness' and `future dangerousness.'" Schmitt v. *272 Commonwealth, 262 Va. 127, 149 , 547 S.E.2d 186, 201 (2001), cert. denied, 534 U.S. 1094 , 122 S.Ct. 840 , 151 L.Ed.2d 719 (2002).

2010In Virginia, "the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as `vileness' and `future dangerousness.'" Schmitt v. *272 Commonwealth, 262 Va. 127, 149 , 547 S.E.2d 186, 201 (2001), cert. denied, 534 U.S. 1094 , 122 S.Ct. 840 , 151 L.Ed.2d 719 (2002).

22
Yeatts v. Commonwealthgreen
va · 1991 · cited in 1 Virginia opinions naming this issue, 2000–2000
2 sentences

2000Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as “future dangerousness” and “vileness.” Roach, 251 Va. at 347 , 468 S.E.2d at 111-12 ; Yeatts v. Commonwealth, 242 Va. 121, 139 , 410 S.E.2d 254, 265 (1991), cert. denied, 503 U.S. 946 (1992).

2000Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as “future dangerousness” and “vileness.” Roach, 251 Va. at 347 , 468 S.E.2d at 111-12 ; Yeatts v. Commonwealth, 242 Va. 121, 139 , 410 S.E.2d 254, 265 (1991), cert. denied, 503 U.S. 946 (1992).

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 (8)

CaseCitedYears
Roach v. Commonwealth green
va · 1996
2 sentences

2001Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as "vileness" and "future dangerousness." Lovitt, 260 Va. at 516 , 537 S.E.2d at 30 878; Roach v. Commonwealth, 251 Va. 324, 347 , 468 S.E.2d 98, 111-12 , cert. denied, 519 U.S. 951 (1996).

2001Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as "vileness" and "future dangerousness." Lovitt, 260 Va. at 516 , 537 S.E.2d at 30 878; Roach v. Commonwealth, 251 Va. 324, 347 , 468 S.E.2d 98, 111-12 , cert. denied, 519 U.S. 951 (1996).

32000–2001
Schmitt v. Virginia green
scotus · 2002
2 sentences

2010In Virginia, "the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as `vileness' and `future dangerousness.'" Schmitt v. *272 Commonwealth, 262 Va. 127, 149 , 547 S.E.2d 186, 201 (2001), cert. denied, 534 U.S. 1094 , 122 S.Ct. 840 , 151 L.Ed.2d 719 (2002).

2009We disagree with the Commonwealth on this issue. "[T]he death penalty may not be imposed unless the trier of fact finds one or both of *934 the two aggravating factors that we have referred to as `vileness' and `future dangerousness.'" Schmitt v. Commonwealth, 262 Va. 127, 149 , 547 S.E.2d 186, 201 (2001), cert. denied, 534 U.S. 1094 , 122 S.Ct. 840 , 151 L.Ed.2d 719 (2002).

22009–2010
Enos v. Texas green
scotus · 2002
2 sentences

2010In Virginia, "the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as `vileness' and `future dangerousness.'" Schmitt v. *272 Commonwealth, 262 Va. 127, 149 , 547 S.E.2d 186, 201 (2001), cert. denied, 534 U.S. 1094 , 122 S.Ct. 840 , 151 L.Ed.2d 719 (2002).

2009We disagree with the Commonwealth on this issue. "[T]he death penalty may not be imposed unless the trier of fact finds one or both of *934 the two aggravating factors that we have referred to as `vileness' and `future dangerousness.'" Schmitt v. Commonwealth, 262 Va. 127, 149 , 547 S.E.2d 186, 201 (2001), cert. denied, 534 U.S. 1094 , 122 S.Ct. 840 , 151 L.Ed.2d 719 (2002).

22009–2010
Edwards v. United States District Court for the District of Columbia green
scotus · 2002
2 sentences

2010In Virginia, "the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as `vileness' and `future dangerousness.'" Schmitt v. *272 Commonwealth, 262 Va. 127, 149 , 547 S.E.2d 186, 201 (2001), cert. denied, 534 U.S. 1094 , 122 S.Ct. 840 , 151 L.Ed.2d 719 (2002).

2009We disagree with the Commonwealth on this issue. "[T]he death penalty may not be imposed unless the trier of fact finds one or both of *934 the two aggravating factors that we have referred to as `vileness' and `future dangerousness.'" Schmitt v. Commonwealth, 262 Va. 127, 149 , 547 S.E.2d 186, 201 (2001), cert. denied, 534 U.S. 1094 , 122 S.Ct. 840 , 151 L.Ed.2d 719 (2002).

22009–2010
Vest v. Commissioner green
scotus · 1996
2 sentences

2001Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as "vileness" and "future dangerousness." Lovitt, 260 Va. at 516 , 537 S.E.2d at 30 878; Roach v. Commonwealth, 251 Va. 324, 347 , 468 S.E.2d 98, 111-12 , cert. denied, 519 U.S. 951 (1996).

2000Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as “vileness” and “future dangerousness.” Lovitt, 260 Va. at 516 , 537 S.E.2d at 878 ; Roach v. Commonwealth, 251 Va. 324, 347 , 468 S.E.2d 98, 111-12 , cert. denied, 519 U.S. 951 (1996).

22000–2001
Lovitt v. Commonwealth green
va · 2000
2 sentences

2001Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as "vileness" and "future dangerousness." Lovitt, 260 Va. at 516 , 537 S.E.2d at 30 878; Roach v. Commonwealth, 251 Va. 324, 347 , 468 S.E.2d 98, 111-12 , cert. denied, 519 U.S. 951 (1996).

2001Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as "vileness" and "future dangerousness." Lovitt, 260 Va. at 516 , 537 S.E.2d at 30 878; Roach v. Commonwealth, 251 Va. 324, 347 , 468 S.E.2d 98, 111-12 , cert. denied, 519 U.S. 951 (1996).

22000–2001
Ring v. Arizona green
scotus · 2002
2 sentences

2009Specifically, Prieto argued that the two aggravating factors are elements of the offense that must be found beyond a reasonable doubt by a unanimous jury, pursuant to Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002).

2009Specifically, Prieto argued that the two aggravating factors are elements of the offense that must be found beyond a reasonable doubt by a unanimous jury, pursuant to Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002).

12009–2009
Parziale v. United States green
scotus · 1992
1 sentence

2000Under Code § 19.2-264.2, the death penalty may not be imposed unless the trier of fact finds one or both of the two aggravating factors that we have referred to as “future dangerousness” and “vileness.” Roach, 251 Va. at 347 , 468 S.E.2d at 111-12 ; Yeatts v. Commonwealth, 242 Va. 121, 139 , 410 S.E.2d 254, 265 (1991), cert. denied, 503 U.S. 946 (1992).

12000–2000

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-313 (5) VA § Va. Code Ann. § 17.1-409 (4) VA § Va. Code Ann. § 18.2-31 (4) VA § Va. Code Ann. § 18.2-53.1 (3) VA § Va. Code Ann. § 19.2-264 (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

FL 23 (1982–2023) IN 9 (1997–2019) NC 9 (1983–2021) AZ 8 (2001–2013) NJ 7 (1991–2009) IL 7 (1987–2023) WA 6 (2006–2016) MS 5 (1996–2007) VA 5 (2000–2010) OR 3 (1993–2007) UT 3 (2012–2019) CA 2 (2015–2025) TX 2 (2000–2000) KS 2 (1998–2005)

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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