32 Virginia opinions name it 6 courts 1932–2024 3 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 |
|---|---|---|
Haase v. Haasegreen2 sentences2024Code § 20-124.2(D) expressly authorizes a court deciding custody or visitation to “order an independent mental health or psychological evaluation to assist the court in its determination of the best interests of the child.” “‘[I]n any child custody decision, the lodestar for the court is the best interest of the child,’ and the due process rights of the parents must be tempered by this guiding principle.” Haase v. Haase, 20 Va. App. 671, 681 (1995) (quoting Smith v. Pond, 5 8 Code § 20-124.4 refers to mediation. 2018However, ‘“in any child custody decision, the lodestar for the court is the best interest of the child,’ . . . and the due process rights of the parents must be tempered by this guiding principle.” Haase v. Haase, 20 Va. App. 671, 681 , 460 S.E.2d 585, 589-90 (1995) (quoting Smith v. Pond, 5 Va. App. 161, 163 , 360 S.E.2d 885, 886 (1987)). | 8 | 8 |
Smith v. Pondgreen2 sentences2018However, ‘“in any child custody decision, the lodestar for the court is the best interest of the child,’ . . . and the due process rights of the parents must be tempered by this guiding principle.” Haase v. Haase, 20 Va. App. 671, 681 , 460 S.E.2d 585, 589-90 (1995) (quoting Smith v. Pond, 5 Va. App. 161, 163 , 360 S.E.2d 885, 886 (1987)). 2018However, ‘“in any child custody decision, the lodestar for the court is the best interest of the child,’ . . . and the due process rights of the parents must be tempered by this guiding principle.” Haase v. Haase, 20 Va. App. 671, 681 , 460 S.E.2d 585, 589-90 (1995) (quoting Smith v. Pond, 5 Va. App. 161, 163 , 360 S.E.2d 885, 886 (1987)). | 8 | 8 |
Virginia Department of State Police v. Bartongreen2 sentences2023“By limiting an appeal to issues ‘contradictory to law,’ the General Assembly underscores a guiding principle of the grievance procedure as set out in Code § 2.2-3004: ‘Management reserves the exclusive right to manage the affairs and operations of state government.’” Barton, 39 Va. App. at 447 . -5- I. 2018“By limiting an appeal to issues ‘contradictory to law,’ the General Assembly underscores a guiding principle of the grievance procedure as set out in Code § 2.2-3004: ‘Management reserves the exclusive right to manage the affairs and operations of state government.’” Va. Dep’t of State Police v. Barton, 39 Va. App. 439, 447 , 573 S.E.2d 319, 323 (2002). -5- Moreover, the Director has authority to “assign to any officer or employee of his agency any tasks required to be performed by him or the agency” even while remaining responsible for the task. | 1 | 4 |
McFarland v. McFarlandgreen2 sentences2002Nonetheless, comity has its limitations and will not be “given effect when to do so would prejudice [Virginia’s] own rights or the rights of its citizens.” McFarland v. McFarland, 179 Va. 418, 430 , 19 S.E.2d 77, 83 (1942). 2002Nonetheless, comity has its limitations and will not be “given effect when to do so would prejudice [Virginia’s] own rights or the rights of its citizens.” McFarland v. McFarland, 179 Va. 418, 430 , 19 S.E.2d 77, 83 (1942). | 1 | 2 |
Forbes v. Haneygreen2 sentences2018In fact, although “the legal rights of the parent should be respected in custody proceedings . . . [w]here the interest of the child demands it, the rights of the father and mother may be disregarded.” Forbes v. Haney, 204 Va. 712, 716 , 133 S.E.2d 533, 536 (1963). 2018In fact, although “the legal rights of the parent should be respected in custody proceedings . . . [w]here the interest of the child demands it, the rights of the father and mother may be disregarded.” Forbes v. Haney, 204 Va. 712, 716 , 133 S.E.2d 533, 536 (1963). | 1 | 1 |
West Creek Assocs., LLC v. County of Goochlandgreen2 sentences2012In West Creek, we affirmed the circuit court's ruling that the taxpayer failed to prove the fair market value of the parcels at issue after reviewing the totality of evidence considered by the circuit court and the basis for its ruling. [6] In upholding the circuit court's findings, we recognized that "[i]t was within the province of the court, as the fact-finder, to determine the credibility of the witnesses." West Creek, 276 Va. at 416 , 665 S.E.2d at 847 (internal quotation marks omitted). 2012In West Creek, we affirmed the circuit court's ruling that the taxpayer failed to prove the fair market value of the parcels at issue after reviewing the totality of evidence considered by the circuit court and the basis for its ruling. [6] In upholding the circuit court's findings, we recognized that "[i]t was within the province of the court, as the fact-finder, to determine the credibility of the witnesses." West Creek, 276 Va. at 416 , 665 S.E.2d at 847 (internal quotation marks omitted). | 1 | 1 |
Watkinson v. Henleygreen1 sentence2006Watkins v. Henley, 13 Va. App. 151, 158 (1991). | 1 | 1 |
Commonwealth v. Hayesgreen2 sentences2005“Nonetheless, ‘in any child custody decision, the lodestar for the court is the best interest of the child,’ and the due process rights of the parents must be tempered by this guiding principle.” Haase v. Haase, 20 Va.App. 671, 681 , 460 S.E.2d 585, 589-90 (1995) (quoting Smith v. Pond, 5 Va.App. 161, 163 , 360 S.E.2d 885, 886 (1987)) (citation omitted); see also Commonwealth v. Hayes, 215 Va. 49, 53 , 205 S.E.2d 644, 647 (1974) (“[I]n custody disputes the welfare of the child is of paramount concern.”). 2005“Nonetheless, ‘in any child custody decision, the lodestar for the court is the best interest of the child,’ and the due process rights of the parents must be tempered by this guiding principle.” Haase v. Haase, 20 Va.App. 671, 681 , 460 S.E.2d 585, 589-90 (1995) (quoting Smith v. Pond, 5 Va.App. 161, 163 , 360 S.E.2d 885, 886 (1987)) (citation omitted); see also Commonwealth v. Hayes, 215 Va. 49, 53 , 205 S.E.2d 644, 647 (1974) (“[I]n custody disputes the welfare of the child is of paramount concern.”). | 1 | 1 |
Toombs v. Lynchburg Division of Social Servicesgreen1 sentence2004See, e.g., Toombs, 223 Va. at 230 , 288 S.E.2d at 407-08; Hardy, 42 Va. App. at 556 , 593 S.E.2d at 533 . | 1 | 1 |
Toombs v. LYNCHBURG DIVISION OF SOC. SERV.green1 sentence2004See, e.g., Toombs, 223 Va. at 230 , 288 S.E.2d at 407-08; Hardy, 42 Va. App. at 556 , 593 S.E.2d at 533 . | 1 | 1 |
McNair v. Commonwealthgreen2 sentences2002The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client's best interests, and the client's overall requirements as to the character of representation." The Comment to Rule 1.2 provides that "a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so ... the lawyer should assume responsibility for technical and legal tactical issues...." [2] Notwithstanding his withdrawal, counsel was present when an order correcting a clerical error in the order 2002The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client's best interests, and the client's overall requirements as to the character of representation." The Comment to Rule 1.2 provides that "a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so ... the lawyer should assume responsibility for technical and legal tactical issues...." [2] Notwithstanding his withdrawal, counsel was present when an order correcting a clerical error in the order | 1 | 1 |
Southern Express v. Greengreen2 sentences2002Southern Express v. Green, 257 Va. 181, 187 , 509 S.E.2d 836, 838 (1999). 2002Southern Express v. Green, 257 Va. 181, 187 , 509 S.E.2d 836, 838 (1999). | 1 | 1 |
Estate of Olive D. Casey, Deceased Carlton D. Casey, C. Lewis Casey, Robert T. Casey v. Commissioner of Internal Revenuegreen1 sentence1995Estate of Casey v. Commissioner of Internal Revenue, 948 F.2d 895, 900 (4th Cir. 1991) (citing Hotchkiss v. Middlekauf 96 Va. 649 (1899)). | 1 | 1 |
Kling v. Virginia Trust Co.green1 sentence1993Kling v. Virginia Trust Co., 215 Va. 226, 229 (1974); Thomas v. Copenhaver, 235 Va. 124, 128 (1988). | 1 | 1 |
Mery v. Commonwealthgreen2 sentences1993Mery v. Commonwealth, 12 Va.App. 821, 825 , 407 S.E.2d 18, 21 (1991). 1993Mery v. Commonwealth, 12 Va.App. 821, 825 , 407 S.E.2d 18, 21 (1991). | 1 | 1 |
Thomas v. Copenhavergreen1 sentence1993Kling v. Virginia Trust Co., 215 Va. 226, 229 (1974); Thomas v. Copenhaver, 235 Va. 124, 128 (1988). | 1 | 1 |
North Carolina v. Pearcered2 sentences1991Koontz, C.J., and Barrow, J., concurred. 1 The Commonwealth asserted on brief that Battle “was never placed in jeopardy, and cases such as Blackledge v. Perry, 417 U.S. 21 (1974), and North Carolina v. Pearce, 395 U.S. 711 (1969), ... are not applicable to [this] case.” In Pearce and its progeny, however, due process has been the Court’s guiding principle, rather than double jeopardy. 1991See 395 U.S. at 719-23 . | 1 | 1 |
Davis v. Kendallgreen2 sentences1991The guiding principle in the construction of powers of appointment is that such "[p]owers are to be construed in accordance with the intention of the donor ... to be gathered in general from the instrument itself." Davis, 130 Va. at 198 , 107 S.E. at 758 (1921) (citation omitted). 1991The guiding principle in the construction of powers of appointment is that such "[p]owers are to be construed in accordance with the intention of the donor ... to be gathered in general from the instrument itself." Davis, 130 Va. at 198 , 107 S.E. at 758 (1921) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Thress v. Hackler
green
2 sentences1939Mr. Justice Epes aptly stated this rule in Thress v. Hackler, 155 Va. 389 , 154 S. E. 502, 506 , as follows: “In passing upon a motion to set aside a verdict because the evidence is insufficient to sustain the verdict, the guiding principle for the court is not what it may think the jury ought to have done, or what the court may think it would have done had it been sitting as a jury in the case, but whether as reasonable men the jury could have found such a verdict upon the evidence. 1939Mr. Justice Epes aptly stated this rule in Thress v. Hackler, 155 Va. 389 , 154 S. E. 502, 506 , as follows: “In passing upon a motion to set aside a verdict because the evidence is insufficient to sustain the verdict, the guiding principle for the court is not what it may think the jury ought to have done, or what the court may think it would have done had it been sitting as a jury in the case, but whether as reasonable men the jury could have found such a verdict upon the evidence. | 3 | 1932–1939 |
Lamb v. Commonwealth
green
1 sentence2022However, Lamb offers a guiding principle for understanding when this 3 Further, the Court noted that “to hold otherwise would be to elevate form over substance.” See Lamb, 222 Va. at 166 . -8- Court has the authority to grant leave to the lower court. | 1 | 2022–2022 |
Dandridge v. Williams
green
2 sentences2008If the classification has some ‘reasonable basis,’ it does not offend the Constitution simply because the classification ‘is not made with mathematical nicety or because in practice it results in some inequality’.” Dandridge v. Williams, 397 U.S. 471, 485 , 90 S. Ct. 1153 , 25 L. 2008If the classification has some ‘reasonable basis,’ it does not offend the Constitution simply because the classification ‘is not made with mathematical nicety or because in practice it results in some inequality’.” Dandridge v. Williams, 397 U.S. 471, 485 , 90 S. Ct. 1153 , 25 L. | 1 | 2008–2008 |
Norfolk Division of Social Services v. Simonia Hardy
green
2 sentences2004See, e.g., Toombs, 223 Va. at 230 , 288 S.E.2d at 407-08; Hardy, 42 Va. App. at 556 , 593 S.E.2d at 533 . 2004See, e.g., Toombs, 223 Va. at 230 , 288 S.E.2d at 407-08; Hardy, 42 Va. App. at 556 , 593 S.E.2d at 533 . | 1 | 2004–2004 |
Sexton v. Stroman
neutral
2 sentences2003Sexton v. Stroman, 207 Va. 33 , 147 S.E.2d 758 (1966); see also 13B M.J., New Trials, § 31 et seq.; Bryson, Virginia Civil Procedure (3d ed. 1997), pp. 455-59. 2003Sexton v. Stroman, 207 Va. 33 , 147 S.E.2d 758 (1966); see also 13B M.J., New Trials, § 31 et seq.; Bryson, Virginia Civil Procedure (3d ed. 1997), pp. 455-59. | 1 | 2003–2003 |
America Online, Inc. v. Anonymous Publicly Traded Co.
green
2 sentences2002In AOL v. APTC, we recognized “the importance of comity as a guiding principle in the relationship between sovereigns and as a tool of judicial economy.” 261 Va. at 361 , 542 S.E.2d at 383 . 2002In AOL v. APTC, we recognized “the importance of comity as a guiding principle in the relationship between sovereigns and as a tool of judicial economy.” 261 Va. at 361 , 542 S.E.2d at 383 . | 1 | 2002–2002 |
Oehl v. Oehl
green
2 sentences2001Before according the privilege of comity, we have required a showing of personal and subject matter jurisdiction, Oehl, 221 Va. at 623 , 272 S.E.2d at 444 , that “the procedural and substantive law applied by the foreign court [was] reasonably comparable to that of Virginia,” id., that the decree was not “falsely or fraudulently obtained,” McFarland, 179 Va. at 430 , 19 S.E.2d at 83 , that the order sought to be enforced was not “contrary to the morals or public policy of this State,” id., and that the enforcement of the order would not “prejudice [Virginia’s] own rights or the rights of its c 2001Before according the privilege of comity, we have required a showing of personal and subject matter jurisdiction, Oehl, 221 Va. at 623 , 272 S.E.2d at 444 , that “the procedural and substantive law applied by the foreign court [was] reasonably comparable to that of Virginia,” id., that the decree was not “falsely or fraudulently obtained,” McFarland, 179 Va. at 430 , 19 S.E.2d at 83 , that the order sought to be enforced was not “contrary to the morals or public policy of this State,” id., and that the enforcement of the order would not “prejudice [Virginia’s] own rights or the rights of its c | 1 | 2001–2001 |
Hotchkiss v. Middlekauf
green
1 sentence1995Estate of Casey v. Commissioner of Internal Revenue, 948 F.2d 895, 900 (4th Cir. 1991) (citing Hotchkiss v. Middlekauf 96 Va. 649 (1899)). | 1 | 1995–1995 |
Blackledge v. Perry
green
1 sentence1991Koontz, C.J., and Barrow, J., concurred. 1 The Commonwealth asserted on brief that Battle “was never placed in jeopardy, and cases such as Blackledge v. Perry, 417 U.S. 21 (1974), and North Carolina v. Pearce, 395 U.S. 711 (1969), ... are not applicable to [this] case.” In Pearce and its progeny, however, due process has been the Court’s guiding principle, rather than double jeopardy. | 1 | 1991–1991 |
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.
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.