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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.
| Case | Followed | Cited |
|---|---|---|
Amin v. County of Henricogreen2 sentences2026Amin 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. | 2 | 2 |
Rook v. Rookgreen1 sentence2023She 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. | 1 | 1 |
Montgomery v. Louisianagreen1 sentence2017This 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 | 1 | 1 |
Faison v. Hudsongreen2 sentences2016See 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”). | 1 | 1 |
Roy M. Carrithers v. Kimberly A. Harrahgreen2 sentences2016Carrithers 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Siebold
red
2 sentences2017This 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. | 2 | 2017–2017 |
Mahoney v. Mahoney
green
1 sentence2026Mahoney 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 . | 1 | 2026–2026 |
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.