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23 Virginia opinions name it 3 courts 1922–2025 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 |
|---|---|---|
Haskell v. Commonwealthgreen2 sentences2012“The res gestae rule restricts felony-murder to homicides ‘so closely related to the felony in time, place, and causal connection as to make it a part of the same criminal enterprise.’ ” Cotton v. Commonwealth, 35 Va.App. 511, 515 , 546 S.E.2d 241, 243-44 (2001) (quoting Haskell v. Commonwealth, 218 Va. 1033, 1043-44 , 243 S.E.2d 477, 483 (1978)). 2012“The res gestae rule restricts felony-murder to homicides ‘so closely related to the felony in time, place, and causal connection as to make it a part of the same criminal enterprise.’ ” Cotton v. Commonwealth, 35 Va.App. 511, 515 , 546 S.E.2d 241, 243-44 (2001) (quoting Haskell v. Commonwealth, 218 Va. 1033, 1043-44 , 243 S.E.2d 477, 483 (1978)). | 4 | 8 |
King v. Commonwealthgreen2 sentences2025Gates’s willful actions or omissions were an integral component of his underlying offense, see King, 6 Va. App. at 358 , and as such, the commission of the underlying offense was “inextricably linked” to S.B.’s ultimate death, Montano, 61 Va. App. at 617 . 2012However, “a death which results not from actions of the felons nor from acts directly calculated to further the felony or necessitated by the felony, but from circumstances coincident to the felony, is not a death for which a felony-murder conviction will obtain.” King v. Commonwealth, 6 Va.App. 351, 359 , 368 S.E.2d 704, 708 (1988). | 2 | 3 |
Pepoon v. Commonwealthgreen2 sentences1986See generally Pepoon v. Commonwealth, 192 Va. 804, 811 , 66 S.E.2d 854, 858 (1951). 1986See generally Pepoon v. Commonwealth, 192 Va. 804, 811 , 66 S.E.2d 854, 858 (1951). | 2 | 2 |
Portsmouth Transit Company v. Brickhousegreen2 sentences1977Nicholaou v. Harrington, 217 Va. 618, 622 , 231 S.E.2d 318, 322 (1977); Transit Company v. Brickhouse Adm’r, 200 Va. 844, 847-48 , 108 S.E.2d 385, 387-88 (1959). 1977Nicholaou v. Harrington, 217 Va. 618, 622 , 231 S.E.2d 318, 322 (1977); Transit Company v. Brickhouse Adm’r, 200 Va. 844, 847-48 , 108 S.E.2d 385, 387-88 (1959). | 2 | 2 |
Nicholaou v. Harringtongreen2 sentences1977Nicholaou v. Harrington, 217 Va. 618, 622 , 231 S.E.2d 318, 322 (1977); Transit Company v. Brickhouse Adm’r, 200 Va. 844, 847-48 , 108 S.E.2d 385, 387-88 (1959). 1977Nicholaou v. Harrington, 217 Va. 618, 622 , 231 S.E.2d 318, 322 (1977); Transit Company v. Brickhouse Adm’r, 200 Va. 844, 847-48 , 108 S.E.2d 385, 387-88 (1959). | 1 | 2 |
Heacock v. Commonwealthgreen1 sentence2020See Montague, 260 Va. at 701 ; Heacock, 228 Va. at 405 (“[W]hen the homicide is within the res gestae of the initial felony and is an emanation thereof, it is committed in the perpetration of that felony.” (quoting Haskell v. Commonwealth, 218 Va. 1033, 1041 (1978))). | 1 | 1 |
Commonwealth v. Montaguegreen2 sentences2020See Montague, 260 Va. at 701 ; Heacock, 228 Va. at 405 (“[W]hen the homicide is within the res gestae of the initial felony and is an emanation thereof, it is committed in the perpetration of that felony.” (quoting Haskell v. Commonwealth, 218 Va. 1033, 1041 (1978))). 2020Id. 13 These cases illustrate the fact-intensive nature of the res gestae inquiry. | 1 | 1 |
Cotton v. Commonwealthgreen2 sentences2012“The res gestae rule restricts felony-murder to homicides ‘so closely related to the felony in time, place, and causal connection as to make it a part of the same criminal enterprise.’ ” Cotton v. Commonwealth, 35 Va.App. 511, 515 , 546 S.E.2d 241, 243-44 (2001) (quoting Haskell v. Commonwealth, 218 Va. 1033, 1043-44 , 243 S.E.2d 477, 483 (1978)). 2012“The res gestae rule restricts felony-murder to homicides ‘so closely related to the felony in time, place, and causal connection as to make it a part of the same criminal enterprise.’ ” Cotton v. Commonwealth, 35 Va.App. 511, 515 , 546 S.E.2d 241, 243-44 (2001) (quoting Haskell v. Commonwealth, 218 Va. 1033, 1043-44 , 243 S.E.2d 477, 483 (1978)). | 1 | 1 |
Harward v. Commonwealthgreen1 sentence2007Hoke v. Netherland, 92 F.3d 1350, 1363 (4th Cir.1996) (citation omitted); see Harward v. Commonwealth, 229 Va. *711 363, 366, 330 S.E.2d 89, 91 (1985) (noting that the statutory phrase “in the commission of’ includes a killing “before, during, and after the underlying felony” (emphasis in original)). 4 Thus, under the prevailing view, the res gestae doctrine embraces not only the actual facts of the transaction and the circumstances surrounding it, but the matters immediately antecedent to and having a direct causal connection with it, as well as acts immediately following it and so closely co | 1 | 1 |
Ronald Lee Hoke, Sr. v. J.D. Netherland, Warden, Ronald Lee Hoke, Sr. v. J.D. Netherland, Wardengreen1 sentence2007Hoke v. Netherland, 92 F.3d 1350, 1363 (4th Cir.1996) (citation omitted); see Harward v. Commonwealth, 229 Va. *711 363, 366, 330 S.E.2d 89, 91 (1985) (noting that the statutory phrase “in the commission of’ includes a killing “before, during, and after the underlying felony” (emphasis in original)). 4 Thus, under the prevailing view, the res gestae doctrine embraces not only the actual facts of the transaction and the circumstances surrounding it, but the matters immediately antecedent to and having a direct causal connection with it, as well as acts immediately following it and so closely co | 1 | 1 |
United States v. Espinozagreen1 sentence2007Espinoza, 338 F.3d at 1148 (applying the Wigmore principle and refusing “to consider the jury’s note to the trial judge as evidence of how the jury arrived at its verdict” because the “jury speaks through its verdict”). (b) The Trial Court’s Res Gestae Instruction No matter how one interprets the jury’s question, Kennemore argues, the trial court’s instruction—taken directly from Haskell v. Commonwealth, 218 Va. 1033 , 243 S.E.2d 477 (1978)—was nonetheless an incomplete and confusing summary of the res gestae doctrine. | 1 | 1 |
Taylor v. Commonwealthgreen2 sentences2004See id. at 10 , 502 S.E.2d at 117 (stating that the party seeking to rely on the exception has the burden of proving its admissibility). 2004See id. at 10 , 502 S.E.2d at 117 (stating that the party seeking to rely on the exception has the burden of proving its admissibility). | 1 | 1 |
Smith v. Commonwealthgreen2 sentences2001Smith, 32 Va. App. at 236-38 , 527 S.E.2d at 460-61 (citation omitted). 2001Smith, 32 Va. App. at 236-38 , 527 S.E.2d at 460-61 (citation omitted). | 1 | 1 |
Cluverius v. Commonwealthgreen1 sentence2000“The continuation of events ‘covered by the term res gestae depends upon the circumstances of each particular case.’ ” Berkeley, 19 Va.App. at 286 , 451 S.E.2d at 45 (quoting Cluverius v. Commonwealth, 81 Va. 787, 805 (1886) (citation omitted)). | 1 | 1 |
Wooden v. Commonwealthgreen2 sentences2000See also Wooden v. Commonwealth, 222 Va. 758, 762 , 284 S.E.2d 811, 814 (1981) (“[A]ll of the criminal participants in the initial felony may be found guilty of the felony-murder of the victim so long as the homicide was within the res gestae of the initial felony.”). 2000See also Wooden v. Commonwealth, 222 Va. 758, 762 , 284 S.E.2d 811, 814 (1981) (“[A]ll of the criminal participants in the initial felony may be found guilty of the felony-murder of the victim so long as the homicide was within the res gestae of the initial felony.”). | 1 | 1 |
Harris v. Commonwealthgreen2 sentences1996See, e.g., Harris v. Commonwealth, 8 Va.App. 424, 430 , 382 S.E.2d 292, 295 (1989). 1 To impose a similar requirement to admit an *16 out-of-court complaint as corroborative evidence ignores the purpose of such evidence. [I]f it be considered that the purpose of the evidence [of an out-of-court complaint of rape] is merely to negative the supposed silence of the woman, it is perceived that the fact of complaint at any time should be received. 1996See, e.g., Harris v. Commonwealth, 8 Va.App. 424, 430 , 382 S.E.2d 292, 295 (1989). 1 To impose a similar requirement to admit an *16 out-of-court complaint as corroborative evidence ignores the purpose of such evidence. [I]f it be considered that the purpose of the evidence [of an out-of-court complaint of rape] is merely to negative the supposed silence of the woman, it is perceived that the fact of complaint at any time should be received. | 1 | 1 |
Foley v. Commonwealthgreen2 sentences1990See Scott & Boyd, 69 Va (28 Gratt.) at 896; Foley v. Commonwealth, 8 Va. App. 149, 161 , 379 S.E.2d 915, 921-22 (1989)(defining and discussing the present sense impression “sub-rule” of the original res gestae exception); see also Arnold, 4 Va. App. at 282, 356 S.E.2d at 851 (question of the application of a res gestae exception not reached because narration was deliberate, not spontaneous). 1990See Scott & Boyd, 69 Va (28 Gratt.) at 896; Foley v. Commonwealth, 8 Va. App. 149, 161 , 379 S.E.2d 915, 921-22 (1989)(defining and discussing the present sense impression “sub-rule” of the original res gestae exception); see also Arnold, 4 Va. App. at 282, 356 S.E.2d at 851 (question of the application of a res gestae exception not reached because narration was deliberate, not spontaneous). | 1 | 1 |
Scott & Boyd v. Shelorgreen2 sentences1990For a hearsay declaration to come within the res gestae exception, the declaration “must accompany and explain an act done, which is a fact in issue or is relevant to the issue.” Scott & Boyd v. Shelor, 69 Va. (28 Gratt.) 891, 896 (1877). 1990For a hearsay declaration to come within the res gestae exception, the declaration “must accompany and explain an act done, which is a fact in issue or is relevant to the issue.” Scott & Boyd v. Shelor, 69 Va. (28 Gratt.) 891, 896 (1877). | 1 | 1 |
Haynes v. Commonwealthgreen1 sentence1990“Facts which constitute the res gestae must be such, as are so connected with the very transaction or fact under investigation as to constitute a part of it.” Haynes v. Commonwealth, 69 Va. (28 Gratt.) 942, 946 (1877). | 1 | 1 |
Arnold v. Commonwealthgreen2 sentences1990See Scott & Boyd, 69 Va (28 Gratt.) at 896; Foley v. Commonwealth, 8 Va. App. 149, 161 , 379 S.E.2d 915, 921-22 (1989)(defining and discussing the present sense impression “sub-rule” of the original res gestae exception); see also Arnold, 4 Va. App. at 282, 356 S.E.2d at 851 (question of the application of a res gestae exception not reached because narration was deliberate, not spontaneous). 1990See Scott & Boyd, 69 Va (28 Gratt.) at 896; Foley v. Commonwealth, 8 Va. App. 149, 161 , 379 S.E.2d 915, 921-22 (1989)(defining and discussing the present sense impression “sub-rule” of the original res gestae exception); see also Arnold, 4 Va. App. at 282, 356 S.E.2d at 851 (question of the application of a res gestae exception not reached because narration was deliberate, not spontaneous). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carlos Abraham Martinelly Montano, s/k/a, etc. v. Commonwealth of Virginia
green
1 sentence2025Gates’s willful actions or omissions were an integral component of his underlying offense, see King, 6 Va. App. at 358 , and as such, the commission of the underlying offense was “inextricably linked” to S.B.’s ultimate death, Montano, 61 Va. App. at 617 . | 1 | 2025–2025 |
United States v. Bayer
green
2 sentences2007The trial court “was within its area of discretion in his brevity.” See id. at 537 , 67 S.Ct. at 1396 . 2007The trial court “was within its area of discretion in his brevity.” See id. at 537 , 67 S.Ct. at 1396 . | 1 | 2007–2007 |
Jones v. Commonwealth
green
2 sentences2004Id. at 88 , 396 S.E.2d at 851 . 2004Id. at 88 , 396 S.E.2d at 851 . | 1 | 2004–2004 |
Berkeley v. Commonwealth
green
2 sentences2000“The continuation of events ‘covered by the term res gestae depends upon the circumstances of each particular case.’ ” Berkeley, 19 Va.App. at 286 , 451 S.E.2d at 45 (quoting Cluverius v. Commonwealth, 81 Va. 787, 805 (1886) (citation omitted)). 2000“The continuation of events ‘covered by the term res gestae depends upon the circumstances of each particular case.’ ” Berkeley, 19 Va.App. at 286 , 451 S.E.2d at 45 (quoting Cluverius v. Commonwealth, 81 Va. 787, 805 (1886) (citation omitted)). | 1 | 2000–2000 |
Bizup v. People
green
2 sentences1978In Bizup v. People, 150 Colo. 214, 218 , 371 P.2d 786, 788 , cert. denied, 371 U.S. 873 (1962), the res gestae rule was applied and the conviction of felony-murder was affirmed because the robbery and killing were so closely connected in point of time, place, and continuity of action as to be one continuous transaction. 1978In Bizup v. People, 150 Colo. 214, 218 , 371 P.2d 786, 788 , cert. denied, 371 U.S. 873 (1962), the res gestae rule was applied and the conviction of felony-murder was affirmed because the robbery and killing were so closely connected in point of time, place, and continuity of action as to be one continuous transaction. | 1 | 1978–1978 |
State v. Nelson
green
2 sentences1978In State v. Nelson, 65 N.M. 403 , 338 P.2d 301 , cert. denied, 361 U.S. 877 (1959), the court, citing cases from various other jurisdictions, held that a killing within the res gestae of the felony is felony-murder, whether the killing occurs before or after the felony. 1978In State v. Nelson, 65 N.M. 403 , 338 P.2d 301 , cert. denied, 361 U.S. 877 (1959), the court, citing cases from various other jurisdictions, held that a killing within the res gestae of the felony is felony-murder, whether the killing occurs before or after the felony. | 1 | 1978–1978 |
Holmes v. Continental Casualty Co.
neutral
1 sentence1978In State v. Nelson, 65 N.M. 403 , 338 P.2d 301 , cert. denied, 361 U.S. 877 (1959), the court, citing cases from various other jurisdictions, held that a killing within the res gestae of the felony is felony-murder, whether the killing occurs before or after the felony. | 1 | 1978–1978 |
Pugh v. Virginia
green
1 sentence1978In Bizup v. People, 150 Colo. 214, 218 , 371 P.2d 786, 788 , cert. denied, 371 U.S. 873 (1962), the res gestae rule was applied and the conviction of felony-murder was affirmed because the robbery and killing were so closely connected in point of time, place, and continuity of action as to be one continuous transaction. | 1 | 1978–1978 |
Kuckenbecker v. Commonwealth
green
2 sentences1975See Portsmouth Transit Co. v. Brickhouse, 200 Va. 844, 847-48 , 108 S.E.2d 385, 387-88 (1959); Kuckenbecker v. Commonwealth, 199 Va. 619 , 101 S.E.2d 523 (1958). 1975See Portsmouth Transit Co. v. Brickhouse, 200 Va. 844, 847-48 , 108 S.E.2d 385, 387-88 (1959); Kuckenbecker v. Commonwealth, 199 Va. 619 , 101 S.E.2d 523 (1958). | 1 | 1975–1975 |
Chappell v. White
green
2 sentences1958Such a statement is admitted upon the principle that, “The spontaneity of the utterance is the guaranty of its trustworthiness in substitution of that provided by oath and cross-examination.” Chappell v. White, 182 Va. 625, 633 , 29 S. E. 2d 858, 861 . 1958Such a statement is admitted upon the principle that, “The spontaneity of the utterance is the guaranty of its trustworthiness in substitution of that provided by oath and cross-examination.” Chappell v. White, 182 Va. 625, 633 , 29 S. E. 2d 858, 861 . | 1 | 1958–1958 |
| Washington-Virginia Railway Co. v. Deahl green | 1 | 1922–1922 |
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.