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5 Virginia opinions name it 1 courts 2015–2023 3 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 |
|---|---|---|
Sateren v. Montgomery Ward and Co.green2 sentences2023As the Supreme Court observed in Sateren v. Montgomery Ward and Co., Inc., 234 Va. 303, 306 (1987), where the contested verdict is based on erroneous principles, the appellate court may decline to utilize the right for the wrong reason doctrine where we believe the victim of the error is “entitled to another day in court and to have his case tried according to correct principles, win or lose.” This is such a case. 2023As the Supreme Court observed in Sateren v. Montgomery Ward and Co., Inc., 234 Va. 303, 306 (1987), where the contested verdict is based on erroneous principles, the appellate court may decline to utilize the right for the wrong reason doctrine where we believe the victim of the error is “entitled to another day in court and to have his case tried according to correct principles, win or lose.” This is such a case. | 2 | 2 |
Congdon v. Congdongreen1 sentence2023“That principle requires us to ‘discard the evidence’ of [Elliott] which conflicts, either directly or inferentially, with the evidence presented by [Fant] at trial.” Artis v. Jones, 52 Va. App. 356, 359 (2008) (quoting Congdon v. Congdon, 40 Va. App. 255, 258 (2003)). -2- case demonstrate that Fant has been the victim of an error not of her making which she could not reasonably” have anticipated and that the deed of trust “should have” included both lots. | 1 | 1 |
Artis v. Jonesgreen1 sentence2023“That principle requires us to ‘discard the evidence’ of [Elliott] which conflicts, either directly or inferentially, with the evidence presented by [Fant] at trial.” Artis v. Jones, 52 Va. App. 356, 359 (2008) (quoting Congdon v. Congdon, 40 Va. App. 255, 258 (2003)). -2- case demonstrate that Fant has been the victim of an error not of her making which she could not reasonably” have anticipated and that the deed of trust “should have” included both lots. | 1 | 1 |
Bowman v. Commonwealthgreen1 sentence2019But see Hussen v. Commonwealth, 257 Va. 93, 99 (1999) (holding expert’s opinion that victim’s injuries were not consistent with consensual sex was not a comment on the ultimate issue, which was “whether the defendant’s conduct was against the victim’s will”); Midgette, 69 Va. App. at 376 (holding expert’s testimony that a video was not an accurate representation of a traffic stop was not the ultimate issue in charge that “appellant testified falsely when he stated that the video . . . was an accurate depiction of the traffic stop”); Bowman v. Commonwealth, 30 Va. App. 298, 303 (1999) (holding | 1 | 1 |
Marvin Kendell Midgette v. Commonwealth of Virginiagreen1 sentence2019But see Hussen v. Commonwealth, 257 Va. 93, 99 (1999) (holding expert’s opinion that victim’s injuries were not consistent with consensual sex was not a comment on the ultimate issue, which was “whether the defendant’s conduct was against the victim’s will”); Midgette, 69 Va. App. at 376 (holding expert’s testimony that a video was not an accurate representation of a traffic stop was not the ultimate issue in charge that “appellant testified falsely when he stated that the video . . . was an accurate depiction of the traffic stop”); Bowman v. Commonwealth, 30 Va. App. 298, 303 (1999) (holding | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Hussen v. Commonwealthgreen1 sentence2019But see Hussen v. Commonwealth, 257 Va. 93, 99 (1999) (holding expert’s opinion that victim’s injuries were not consistent with consensual sex was not a comment on the ultimate issue, which was “whether the defendant’s conduct was against the victim’s will”); Midgette, 69 Va. App. at 376 (holding expert’s testimony that a video was not an accurate representation of a traffic stop was not the ultimate issue in charge that “appellant testified falsely when he stated that the video . . . was an accurate depiction of the traffic stop”); Bowman v. Commonwealth, 30 Va. App. 298, 303 (1999) (holding | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Elliott v. Com.
green
2 sentences2015Wyant again relies on Elliott, in which the Supreme Court held that the evidence was insufficient to establish that a defendant who stood a block away from the victim’s home contacted the victim in violation of a protective order prohibiting “contact of any type.” 277 Va. at 464 , 675 S.E.2d at 182 . 2015Wyant again relies on Elliott, in which the Supreme Court held that the evidence was insufficient to establish that a defendant who stood a block away from the victim’s home contacted the victim in violation of a protective order prohibiting “contact of any type.” 277 Va. at 464 , 675 S.E.2d at 182 . | 1 | 2015–2015 |
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.
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.