Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
38 Virginia opinions name it 3 courts 1990–2026 8 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 |
|---|---|---|
Ballance v. Commonwealthgreen2 sentences2025The statute’s five-month requirement equals “152 and a fraction of days.” Ballance v. Commonwealth, 21 Va. App. 1, 6 (1995). 2025Code § 19.2-243 provides that “the accused, if he is held continuously in custody thereafter, shall be forever discharged from prosecution for such offense if no trial is commenced in the circuit court within five months from the date such probable cause was found by the district court.” This Court has recognized that the five-month requirement equates to “152 and a fraction days.” Ballance v. Commonwealth, 21 Va. App. 1, 6 (1995). | 28 | 30 |
Howard v. Commonwealthgreen2 sentences2025“The five-month requirement translates ‘to 152 and a fraction days.’” Wallace v. Commonwealth, 65 Va. App. 80, 89 (2015) (quoting Howard v. Commonwealth, 55 Va. App. 417, 423 (2009), aff’d, 281 Va. 455 (2011)), aff’d, 292 Va. 1 (2016). 4 The Commonwealth asserts that Banks failed to provide this Court with a sufficient record to review this issue because he did not timely file transcripts of the pretrial hearings. 2025If an indictment or presentment is found against the accused but he has not been arrested for the offense charged therein, the five . . . month[] period[] . . . shall commence to run from the date of his arrest thereon.” “The five-month requirement translates ‘to 152 and a fraction days.’” Wallace v. Commonwealth, 65 Va. App. 80, 89 (2015) (quoting Howard v. Commonwealth, 55 Va. App. 417, 423 (2009), aff’d, 281 Va. 455 (2011)), aff’d mem., 292 Va. 1 (2016). | 8 | 8 |
Robinson v. Commonwealthgreen2 sentences2005Thus, in determining whether the five-month requirement has been met, “[a]ny delays that are chargeable to the defendant are subtracted from the total number of days that elapse from the day after the finding of probable cause to the commencement of trial.” Robinson v. Commonwealth, 28 Va. App. 148, 152 , 502 S.E.2d 704, 706 (1998). 2005Thus, in determining whether the five-month requirement has been met, “[a]ny delays that are chargeable to the defendant are subtracted from the total number of days that elapse from the day after the finding of probable cause to the commencement of trial.” Robinson v. Commonwealth, 28 Va. App. 148, 152 , 502 S.E.2d 704, 706 (1998). | 7 | 9 |
Moten v. Commonwealthgreen2 sentences2026“The five-month requirement of Code § 19.2-243 translates to 152 and a fraction days.” Turner v. Commonwealth, 68 Va. App. 72, 78 (2017) (quoting Moten v. Commonwealth, 7 Va. App. 438, 441 (1988)). 2024The Commonwealth is required to commence trial within that time.” Turner v. Commonwealth, 68 Va. App. 72, 78 (2017) (quoting Moten v. Commonwealth, 7 Va. App. 438, 441 (1988)). | 4 | 4 |
Lee Antonio Turner v. Commonwealth of Virginiagreen2 sentences2026“The five-month requirement of Code § 19.2-243 translates to 152 and a fraction days.” Turner v. Commonwealth, 68 Va. App. 72, 78 (2017) (quoting Moten v. Commonwealth, 7 Va. App. 438, 441 (1988)). 2024The Commonwealth is required to commence trial within that time.” Turner v. Commonwealth, 68 Va. App. 72, 78 (2017) (quoting Moten v. Commonwealth, 7 Va. App. 438, 441 (1988)). | 3 | 3 |
Godfrey v. Commonwealthgreen2 sentences2022“If a defendant is not tried within the time specified in Code § 19.2-243, the burden is on the Commonwealth to explain the delay.” Godfrey v. Commonwealth, 227 Va. 460, 463 (1984). 2009“Any delays that are chargeable to the defendant are subtracted from the total number of days that elapse from the day after the finding of probable cause to the commencement of trial.” Robinson v. Commonwealth, 28 Va. App. 148, 152 , 502 S.E.2d 704, 706 (1998). “‘[T]he burden is on the Commonwealth to explain the delay.’” Powell v. Commonwealth, 29 Va. App. 745, 748 , 514 S.E.2d 785, 787 (1999) (quoting Godfrey v. Commonwealth, 227 Va. 460, 463 , 317 S.E.2d 781, 782 (1984)). | 3 | 3 |
Andrew Wallace v. Commonwealth of Virginiagreen2 sentences2025“The five-month requirement translates ‘to 152 and a fraction days.’” Wallace v. Commonwealth, 65 Va. App. 80, 89 (2015) (quoting Howard v. Commonwealth, 55 Va. App. 417, 423 (2009), aff’d, 281 Va. 455 (2011)), aff’d, 292 Va. 1 (2016). 4 The Commonwealth asserts that Banks failed to provide this Court with a sufficient record to review this issue because he did not timely file transcripts of the pretrial hearings. 2025If an indictment or presentment is found against the accused but he has not been arrested for the offense charged therein, the five . . . month[] period[] . . . shall commence to run from the date of his arrest thereon.” “The five-month requirement translates ‘to 152 and a fraction days.’” Wallace v. Commonwealth, 65 Va. App. 80, 89 (2015) (quoting Howard v. Commonwealth, 55 Va. App. 417, 423 (2009), aff’d, 281 Va. 455 (2011)), aff’d mem., 292 Va. 1 (2016). | 2 | 2 |
Powell v. Commonwealthgreen2 sentences2009“Any delays that are chargeable to the defendant are subtracted from the total number of days that elapse from the day after the finding of probable cause to the commencement of trial.” Robinson v. Commonwealth, 28 Va. App. 148, 152 , 502 S.E.2d 704, 706 (1998). “‘[T]he burden is on the Commonwealth to explain the delay.’” Powell v. Commonwealth, 29 Va. App. 745, 748 , 514 S.E.2d 785, 787 (1999) (quoting Godfrey v. Commonwealth, 227 Va. 460, 463 , 317 S.E.2d 781, 782 (1984)). 2009“Any delays that are chargeable to the defendant are subtracted from the total number of days that elapse from the day after the finding of probable cause to the commencement of trial.” Robinson v. Commonwealth, 28 Va. App. 148, 152 , 502 S.E.2d 704, 706 (1998). “‘[T]he burden is on the Commonwealth to explain the delay.’” Powell v. Commonwealth, 29 Va. App. 745, 748 , 514 S.E.2d 785, 787 (1999) (quoting Godfrey v. Commonwealth, 227 Va. 460, 463 , 317 S.E.2d 781, 782 (1984)). | 2 | 2 |
Hudson v. Commonwealthgreen2 sentences2009“The defendant’s statutory right to a speedy trial [is] not violated [where] he affirmatively agree[s] to the trial date that was set beyond the time period prescribed by [Code § 19.2-243].” Hudson v. Commonwealth, 267 Va. 36, 42 , 591 S.E.2d 679, 682 (2004). 2009“The defendant’s statutory right to a speedy trial [is] not violated [where] he affirmatively agree[s] to the trial date that was set beyond the time period prescribed by [Code § 19.2-243].” Hudson v. Commonwealth, 267 Va. 36, 42 , 591 S.E.2d 679, 682 (2004). | 2 | 2 |
Jiron-Garcia v. Commonwealthgreen2 sentences2017The five-month requirement equals “152 and a fraction of days.” Ballance v. Commonwealth, 21 Va. App. 1, 6 , 461 S.E.2d 401, 403 (1995); see, e.g., Jiron-Garcia v. Commonwealth, 48 Va. App. 638, 645 , 633 S.E.2d 744, 747 (2006). 2017The five-month requirement equals “152 and a fraction of days.” Ballance v. Commonwealth, 21 Va. App. 1, 6 , 461 S.E.2d 401, 403 (1995); see, e.g., Jiron-Garcia v. Commonwealth, 48 Va. App. 638, 645 , 633 S.E.2d 744, 747 (2006). | 1 | 1 |
Waye v. Commonwealthgreen2 sentences2016See, e.g., Waye v. Commonwealth, 219 Va. 683, 689 , 251 S.E.2d 202, 206 (1979); Webb v. Commonwealth, 204 Va. 24, 30-31 , 129 S.E.2d 22, 27-28 (1963). 6 Herrington’s argument was based on a calculation of the five month requirement of Code § 19.2-243 translating to “152 and a fraction days.” Ballance v. Commonwealth, 21 Va. App. 1, 6 , 461 S.E.2d 401, 403 (1995). 4 to run from the date of Herrington’s indictment, October 1, 2012, rather than the date of his preliminary hearing, his trial occurred within the time required by Code § 19.2-243. 7 In this Court, Herrington contends that the circuit 2016See, e.g., Waye v. Commonwealth, 219 Va. 683, 689 , 251 S.E.2d 202, 206 (1979); Webb v. Commonwealth, 204 Va. 24, 30-31 , 129 S.E.2d 22, 27-28 (1963). 6 Herrington’s argument was based on a calculation of the five month requirement of Code § 19.2-243 translating to “152 and a fraction days.” Ballance v. Commonwealth, 21 Va. App. 1, 6 , 461 S.E.2d 401, 403 (1995). 4 to run from the date of Herrington’s indictment, October 1, 2012, rather than the date of his preliminary hearing, his trial occurred within the time required by Code § 19.2-243. 7 In this Court, Herrington contends that the circuit | 1 | 1 |
Webb v. Commonwealthgreen2 sentences2016See, e.g., Waye v. Commonwealth, 219 Va. 683, 689 , 251 S.E.2d 202, 206 (1979); Webb v. Commonwealth, 204 Va. 24, 30-31 , 129 S.E.2d 22, 27-28 (1963). 6 Herrington’s argument was based on a calculation of the five month requirement of Code § 19.2-243 translating to “152 and a fraction days.” Ballance v. Commonwealth, 21 Va. App. 1, 6 , 461 S.E.2d 401, 403 (1995). 4 to run from the date of Herrington’s indictment, October 1, 2012, rather than the date of his preliminary hearing, his trial occurred within the time required by Code § 19.2-243. 7 In this Court, Herrington contends that the circuit 2016See, e.g., Waye v. Commonwealth, 219 Va. 683, 689 , 251 S.E.2d 202, 206 (1979); Webb v. Commonwealth, 204 Va. 24, 30-31 , 129 S.E.2d 22, 27-28 (1963). 6 Herrington’s argument was based on a calculation of the five month requirement of Code § 19.2-243 translating to “152 and a fraction days.” Ballance v. Commonwealth, 21 Va. App. 1, 6 , 461 S.E.2d 401, 403 (1995). 4 to run from the date of Herrington’s indictment, October 1, 2012, rather than the date of his preliminary hearing, his trial occurred within the time required by Code § 19.2-243. 7 In this Court, Herrington contends that the circuit | 1 | 1 |
Randolph v. Commonwealthgreen2 sentences2006This “period begins to run on the day after the preliminary hearing at which probable cause is found.” Robinson v. Commonwealth, 28 Va.App. 148, 152 , 502 S.E.2d 704, 706 (1998) (citing Randolph v. Commonwealth, 22 Va.App. 334, 335 , 470 S.E.2d 132, 133 (1996)). 2006This “period begins to run on the day after the preliminary hearing at which probable cause is found.” Robinson v. Commonwealth, 28 Va.App. 148, 152 , 502 S.E.2d 704, 706 (1998) (citing Randolph v. Commonwealth, 22 Va.App. 334, 335 , 470 S.E.2d 132, 133 (1996)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Howard v. Com.
green
2 sentences2025“The five-month requirement translates ‘to 152 and a fraction days.’” Wallace v. Commonwealth, 65 Va. App. 80, 89 (2015) (quoting Howard v. Commonwealth, 55 Va. App. 417, 423 (2009), aff’d, 281 Va. 455 (2011)), aff’d, 292 Va. 1 (2016). 4 The Commonwealth asserts that Banks failed to provide this Court with a sufficient record to review this issue because he did not timely file transcripts of the pretrial hearings. 2025If an indictment or presentment is found against the accused but he has not been arrested for the offense charged therein, the five . . . month[] period[] . . . shall commence to run from the date of his arrest thereon.” “The five-month requirement translates ‘to 152 and a fraction days.’” Wallace v. Commonwealth, 65 Va. App. 80, 89 (2015) (quoting Howard v. Commonwealth, 55 Va. App. 417, 423 (2009), aff’d, 281 Va. 455 (2011)), aff’d mem., 292 Va. 1 (2016). | 2 | 2025–2025 |
Shearer v. Commonwealth
green
2 sentences2005“Code § 19.2-243 enumerates [various] reasons for a delay [that] will be attributable to the defendant.” Shearer, 9 Va. App. at 399 , 388 S.E.2d at 830 . 2005“Code § 19.2-243 enumerates [various] reasons for a delay [that] will be attributable to the defendant.” Shearer, 9 Va. App. at 399 , 388 S.E.2d at 830 . | 1 | 2005–2005 |
Cantwell v. Commonwealth
green
2 sentences1990"The filing of motions by a defendant will not in every case justify a delay beyond the time required by Code § 19.2-243 to bring him to trial." Cantwell, 2 Va.App. at 613 , 347 S.E.2d at 526 . 1990"The filing of motions by a defendant will not in every case justify a delay beyond the time required by Code § 19.2-243 to bring him to trial." Cantwell, 2 Va.App. at 613 , 347 S.E.2d at 526 . | 1 | 1990–1990 |
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.