defendant cannot claim (Virginia) · Go Syfert
← Virginia issues

defendant cannot claim in Virginia

5 Virginia opinions name it 1 courts 1990–2026 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 (4)

CaseFollowedCited
Ohio v. Johnsongreen
scotus · 1984 · cited in 2 Virginia opinions naming this issue, 2005–2014
2 sentences

2014For similar reasons, a defendant cannot claim the protections of double jeopardy after receiving a “guilty verdict in the first of two successive prosecutions, when the defendant had been responsible for insisting that there be separate rather than consolidated trials.” Johnson, 467 U.S. at 502 (summarizing Jeffers v. United States, 432 U.S. 137 (1977)).

2005For similar reasons, a defendant cannot claim the protections of double jeopardy after receiving a “guilty verdict in the first of two successive prosecutions, when the defendant had been responsible for insisting that there be separate rather than consolidated trials.” Johnson, 467 U.S. at 502 (summarizing Jeffers v. United States, 432 U.S. 137 (1977)).

22
Thomas Robert Lienau v. Commonwealth of Virginiagreen
vactapp · 2018 · cited in 1 Virginia opinions naming this issue, 2026–2026
1 sentence

2026Lienau, 69 Va. App. at 274.

11
State v. Sepcichgreen
lactapp · 1985 · cited in 1 Virginia opinions naming this issue, 1999–1999
1 sentence

1999However, a defendant cannot claim that he was denied the right to compulsory process for obtaining witnesses on his behalf where he does not seek to subpoena the witnesses.” State v. Sepcich, 473 So.2d 380, 386 (La.Ct.App.1985).

11
United States v. Bagleyred
scotus · 1985 · cited in 1 Virginia opinions naming this issue, 1990–1990
1 sentence

1990But moreover, insofar as his claim of prejudice is concerned, I fail to see that had there been an earlier disclosure of the tape recording, there is any reasonable probability that “the result of the proceeding would have been different.” Id. at 151 , 341 S.E.2d at 164 (quoting United States v. Bagley, 473 U.S. 667, 682 (1985)).

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 (3)

CaseCitedYears
Jeffers v. United States green
scotus · 1977
2 sentences

2014For similar reasons, a defendant cannot claim the protections of double jeopardy after receiving a “guilty verdict in the first of two successive prosecutions, when the defendant had been responsible for insisting that there be separate rather than consolidated trials.” Johnson, 467 U.S. at 502 (summarizing Jeffers v. United States, 432 U.S. 137 (1977)).

2005For similar reasons, a defendant cannot claim the protections of double jeopardy after receiving a “guilty verdict in the first of two successive prosecutions, when the defendant had been responsible for insisting that there be separate rather than consolidated trials.” Johnson, 467 U.S. at 502 (summarizing Jeffers v. United States, 432 U.S. 137 (1977)).

22005–2014
State v. Green green
lactapp · 1984
1 sentence

1999In State v. Green, 448 So.2d 782 (La.Ct.App.1984), the state subpoenaed a witness.

11999–1999
Robinson v. Commonwealth green
va · 1986
2 sentences

1990But moreover, insofar as his claim of prejudice is concerned, I fail to see that had there been an earlier disclosure of the tape recording, there is any reasonable probability that “the result of the proceeding would have been different.” Id. at 151 , 341 S.E.2d at 164 (quoting United States v. Bagley, 473 U.S. 667, 682 (1985)).

1990But moreover, insofar as his claim of prejudice is concerned, I fail to see that had there been an earlier disclosure of the tape recording, there is any reasonable probability that “the result of the proceeding would have been different.” Id. at 151 , 341 S.E.2d at 164 (quoting United States v. Bagley, 473 U.S. 667, 682 (1985)).

11990–1990

Where else courts name it

IL 97 (1941–2026) OH 86 (1998–2026) WA 48 (1904–2026) TX 43 (1855–2023) PA 40 (1907–2025) CA 39 (1915–2026) NY 35 (1873–2026) LA 29 (1920–2019) AL 21 (1912–2009) KS 21 (1885–2024) CT 18 (1983–2018) MI 13 (1886–2023) FL 12 (1947–2015) MA 11 (1942–2025) IN 10 (1983–2019) NM 9 (1938–2023) AZ 9 (1973–2026) MO 9 (1990–2025) OR 8 (1897–2023) NC 7 (1978–2009) ID 6 (1909–2026) CO 6 (1990–2025) DC 6 (1994–2016) WI 5 (1975–1993) SD 5 (1975–2014) VA 5 (1990–2026) IA 4 (1907–2024) MT 4 (1980–2016) VT 4 (2003–2007) MS 4 (2015–2026) ME 3 (1975–1996) KY 3 (1934–2025) NJ 3 (1905–1983) UT 3 (1968–2019) RI 3 (1980–1990) AR 2 (2009–2009) OK 2 (1912–1936) ND 2 (1962–2023) AK 2 (1981–2010) DE 2 (2020–2025) TN 2 (1963–2026)

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.

← Caselaw search · G Cite Topics · Brief Check