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6 Virginia opinions name it 1 courts 1997–2012 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Shifflettgreen2 sentences2012In Commonwealth v. Shifflett, 257 Va. 34, 42 , 510 S.E.2d 232, 235 (1999), the Supreme Court specifically addressed "[t]he crucial question ... [of] what did the General Assembly mean when it provided in Code § 19.2-295.1 that during the punishment phase of a bifurcated noncapital jury trial, where the defendant has been found guilty, 'the defendant may introduce relevant ... evidence related to punishment’?" The Supreme Court focused on the meaning of “relevant” evidence that a defendant can introduce at the punishment phase based on the language in Code § 19.2-295.1, and not on what other ev 2012In Commonwealth v. Shifflett, 257 Va. 34, 42 , 510 S.E.2d 232, 235 (1999), the Supreme Court specifically addressed "[t]he crucial question ... [of] what did the General Assembly mean when it provided in Code § 19.2-295.1 that during the punishment phase of a bifurcated noncapital jury trial, where the defendant has been found guilty, 'the defendant may introduce relevant ... evidence related to punishment’?" The Supreme Court focused on the meaning of “relevant” evidence that a defendant can introduce at the punishment phase based on the language in Code § 19.2-295.1, and not on what other ev | 4 | 4 |
Roach v. Commonwealthred2 sentences2001Once the issue of guilt has been determined by the jury, any instruction to the jury at the punishment proceeding on concert of action is unduly prejudicial to the defendant. - 8 - Sentencing of a defendant in Virginia is to be based upon "individualized consideration of the defendant and the crime committed." Roach v. Commonwealth, 251 Va. 324, 347 , 468 S.E.2d 98, 111 (1996). 2001Once the issue of guilt has been determined by the jury, any instruction to the jury at the punishment proceeding on concert of action is unduly prejudicial to the defendant. - 8 - Sentencing of a defendant in Virginia is to be based upon "individualized consideration of the defendant and the crime committed." Roach v. Commonwealth, 251 Va. 324, 347 , 468 S.E.2d 98, 111 (1996). | 1 | 1 |
Beaver v. Commonwealthgreen2 sentences1999However, while the Commonwealth may introduce evidence of unadju *375 dicated criminal activity in capital cases, see Beaver v. Commonwealth, 232 Va. 521, 530 , 352 S.E.2d 342, 347 (1987), the holding in Shifflett does not stand for the proposition that charges that have been nolle prossed are admissible in non-capital cases prosecuted under Code § 19.2-295.1. 1999However, while the Commonwealth may introduce evidence of unadju *375 dicated criminal activity in capital cases, see Beaver v. Commonwealth, 232 Va. 521, 530 , 352 S.E.2d 342, 347 (1987), the holding in Shifflett does not stand for the proposition that charges that have been nolle prossed are admissible in non-capital cases prosecuted under Code § 19.2-295.1. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Simmons v. South Carolina
green
2 sentences1997Both appellant and the dissent argue that such analysis is no longer controlling in light of the United States Supreme Court’s decision in Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994), which “substantially abrogated” the principle that information concerning parole is not relevant evidence related to punishment in capital cases. 1997Both appellant and the dissent argue that such analysis is no longer controlling in light of the United States Supreme Court’s decision in Simmons v. South Carolina, 512 U.S. 154 , 114 S.Ct. 2187 , 129 L.Ed.2d 133 (1994), which “substantially abrogated” the principle that information concerning parole is not relevant evidence related to punishment in capital cases. | 1 | 1997–1997 |
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.