voidness challenge (Virginia) · Go Syfert
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voidness challenge in Virginia

5 Virginia opinions name it 2 courts 2016–2026 2 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 (5)

CaseFollowedCited
Amin v. County of Henricogreen
va · 2013 · cited in 2 Virginia opinions naming this issue, 2016–2026
2 sentences

2026Amin holds that an appellate court must have appellate jurisdiction before reaching a voidness challenge—but the court there had acquired it, and the perfection requirement it addressed, stating an assignment of error under Rule 5A:12, was internal to an appeal from an existing conviction order and presupposed a judgment to review. 286 Va. at 236-37.

2016Id. at 236-37, 749 S.E.2d at 171.

22
Rook v. Rookgreen
va · 1987 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023She contends, quoting Rook v. Rook, 233 Va. 92, 95 (1987), that such a voidness challenge enables her to attack the GDC’s “judgement and its jurisdiction . . . ‘in any court at any time[.]’” Marinaro also alleges that the circuit court erred in failing to set aside the GDC’s judgment against her.

11
Montgomery v. Louisianagreen
scotus · 2016 · cited in 1 Virginia opinions naming this issue, 2017–2017
1 sentence

2017This voidness principle was introduced by Ex parte Siebold “[i]n support of its holding that a conviction obtained under an unconstitutional law warrants habeas relief.” Montgomery, 577 U.S. at ___, 136 S. Ct. at 731 (emphasis added) (quoting Ex parte Siebold, 100 U.S. at 376 - 77). 24 This conclusion, Montgomery held, also applies to state habeas review, but only to the extent that the state collateral-review proceeding “is open to a claim controlled by federal law” 25 24 Ex parte Siebold cannot be read to say that mere voidable errors can never be addressed by a habeas court and that a habea

11
Faison v. Hudsongreen
va · 1992 · cited in 1 Virginia opinions naming this issue, 2016–2016
2 sentences

2016See Rule 1:6; Faison v. Hudson, 243 Va. 413, 419 , 417 S.E.2d 302, 305 (1992) (holding that “a judgment is not final for the purposes of res judicata or collateral estoppel when it is being appealed or when the time limits fixed for perfecting the appeal have not expired”).

2016See Rule 1:6; Faison v. Hudson, 243 Va. 413, 419 , 417 S.E.2d 302, 305 (1992) (holding that “a judgment is not final for the purposes of res judicata or collateral estoppel when it is being appealed or when the time limits fixed for perfecting the appeal have not expired”).

11
Roy M. Carrithers v. Kimberly A. Harrahgreen
vactapp · 2014 · cited in 1 Virginia opinions naming this issue, 2016–2016
2 sentences

2016Carrithers v. Harrah, 63 Va. App. 641, 648 , 762 S.E.2d 402, 406 (2014).

2016Carrithers v. Harrah, 63 Va. App. 641, 648 , 762 S.E.2d 402, 406 (2014).

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 (2)

CaseCitedYears
Ex Parte Siebold red
scotus · 1880
2 sentences

2017This voidness principle was introduced by Ex parte Siebold "[i]n support of its holding that a conviction obtained under an unconstitutional law warrants habeas relief ." Montgomery , 577 U.S. at ----, 136 S.Ct. at 731 (emphasis added) (quoting Ex parte Siebold , 100 U.S. at 376-77 ). 24 This conclusion, Montgomery held, also applies to state habeas review, but only to the extent that the state collateral-review proceeding "is open to a claim controlled by federal law" 25 and the "claim is properly presented in the case." Id. at ----, 136 S.Ct. at 731-32.

2017This voidness principle was introduced by Ex parte Siebold "[i]n support of its holding that a conviction obtained under an unconstitutional law warrants habeas relief ." Montgomery , 577 U.S. at ----, 136 S.Ct. at 731 (emphasis added) (quoting Ex parte Siebold , 100 U.S. at 376-77 ). 24 This conclusion, Montgomery held, also applies to state habeas review, but only to the extent that the state collateral-review proceeding "is open to a claim controlled by federal law" 25 and the "claim is properly presented in the case." Id. at ----, 136 S.Ct. at 731-32.

22017–2017
Mahoney v. Mahoney green
vactapp · 2000
1 sentence

2026Mahoney addressed a valid, quantified arrearage judgment that the appellant simply declined to bond while purporting to appeal only the jurisdiction that produced it; the bond there secured an existing judgment. 34 Va. App. at 66-68 .

12026–2026

Where else courts name it

IL 65 (2002–2026) OH 13 (2010–2024) VA 5 (2016–2026) AZ 3 (1986–2022) NY 2 (1976–1983)

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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