22 Virginia opinions name it 6 courts 1989–2023 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 |
|---|---|---|
Turner v. Commonwealthgreen2 sentences2017A related principle is that the plain, obvious, and rational meaning of a statute is always to be preferred to any curious, narrow, or strained construction." Turner v. Commonwealth , 226 Va. 456 , 459, 309 S.E.2d 337 , 338 (1983) (citation omitted). 2017A related principle is that the plain, obvious, and rational meaning of a statute is always to be preferred to any curious, narrow, or strained construction." Turner v. Commonwealth , 226 Va. 456 , 459, 309 S.E.2d 337 , 338 (1983) (citation omitted). | 7 | 8 |
Woolfolk v. Commonwealthgreen2 sentences1996A related principle is that the plain, obvious and rational meaning of a statute is always to be preferred to any curious, narrow or strained construction.’ ” Virginia Employment Comm’n v. Fitzgerald, 19 Va.App. 491, 495 , 452 S.E.2d 692, 694 (1995) (quoting Turner v. Commonwealth, 226 Va. 456, 459 , 309 S.E.2d 337, 338 (1983)). “ ‘[WJords and phrases used in a statute should be given their ordinary and usually accepted meaning unless a different intention is fairly manifest.’ ” Id. (quoting Woolfolk v. Commonwealth, 18 Va.App. 840, 847 , 447 S.E.2d 530, 534 (1994)). 1996A related principle is that the plain, obvious and rational meaning of a statute is always to be preferred to any curious, narrow or strained construction.’ ” Virginia Employment Comm’n v. Fitzgerald, 19 Va.App. 491, 495 , 452 S.E.2d 692, 694 (1995) (quoting Turner v. Commonwealth, 226 Va. 456, 459 , 309 S.E.2d 337, 338 (1983)). “ ‘[WJords and phrases used in a statute should be given their ordinary and usually accepted meaning unless a different intention is fairly manifest.’ ” Id. (quoting Woolfolk v. Commonwealth, 18 Va.App. 840, 847 , 447 S.E.2d 530, 534 (1994)). | 3 | 3 |
Virginia Employment Commission v. Fitzgeraldgreen2 sentences1996A related principle is that the plain, obvious and rational meaning of a statute is always to be preferred to any curious, narrow or strained construction.’ ” Virginia Employment Comm’n v. Fitzgerald, 19 Va.App. 491, 495 , 452 S.E.2d 692, 694 (1995) (quoting Turner v. Commonwealth, 226 Va. 456, 459 , 309 S.E.2d 337, 338 (1983)). “ ‘[WJords and phrases used in a statute should be given their ordinary and usually accepted meaning unless a different intention is fairly manifest.’ ” Id. (quoting Woolfolk v. Commonwealth, 18 Va.App. 840, 847 , 447 S.E.2d 530, 534 (1994)). 1996A related principle is that the plain, obvious and rational meaning of a statute is always to be preferred to any curious, narrow or strained construction.’ ” Virginia Employment Comm’n v. Fitzgerald, 19 Va.App. 491, 495 , 452 S.E.2d 692, 694 (1995) (quoting Turner v. Commonwealth, 226 Va. 456, 459 , 309 S.E.2d 337, 338 (1983)). “ ‘[WJords and phrases used in a statute should be given their ordinary and usually accepted meaning unless a different intention is fairly manifest.’ ” Id. (quoting Woolfolk v. Commonwealth, 18 Va.App. 840, 847 , 447 S.E.2d 530, 534 (1994)). | 2 | 2 |
Christopher v. Harburygreen1 sentence2023Id. at 197 (citing Christopher v. Harbury, 536 U.S. 403, 417 (2002) (noting the “obligation of the Judicial 16 I also join with the majority in its criticism of our dissenting colleagues for ignoring the required standard of appellate review to view the facts in the light most favorable to the prevailing party below and their use of speculative hindsight to advance arguments and assert facts not in the record. | 1 | 1 |
Commonwealth v. Whitegreen1 sentence2022See, e.g., Watson-Scott v. Commonwealth, 298 Va. 251 , 258 n.2 (2019) (recognizing that an appellate court must decide cases “on the best and narrowest grounds” (quoting White, 293 Va. at 419 )); see also Armstead, 56 Va. App. at 575 -76 & n.3 (holding that the constitutionality of the seizure and search rather than the exclusionary rule or procedural bar was the best and narrowest ground for decision), cited with approval in Abdo v. Commonwealth, 64 Va. App. 468 , 473 n.1 (2015). | 1 | 1 |
Armstead v. Commonwealthgreen1 sentence2022See, e.g., Watson-Scott v. Commonwealth, 298 Va. 251 , 258 n.2 (2019) (recognizing that an appellate court must decide cases “on the best and narrowest grounds” (quoting White, 293 Va. at 419 )); see also Armstead, 56 Va. App. at 575 -76 & n.3 (holding that the constitutionality of the seizure and search rather than the exclusionary rule or procedural bar was the best and narrowest ground for decision), cited with approval in Abdo v. Commonwealth, 64 Va. App. 468 , 473 n.1 (2015). | 1 | 1 |
Alexy J. Abdo, a/k/a Alexi J. Abdo v. Commonwealth of Virginiagreen1 sentence2022See, e.g., Watson-Scott v. Commonwealth, 298 Va. 251 , 258 n.2 (2019) (recognizing that an appellate court must decide cases “on the best and narrowest grounds” (quoting White, 293 Va. at 419 )); see also Armstead, 56 Va. App. at 575 -76 & n.3 (holding that the constitutionality of the seizure and search rather than the exclusionary rule or procedural bar was the best and narrowest ground for decision), cited with approval in Abdo v. Commonwealth, 64 Va. App. 468 , 473 n.1 (2015). | 1 | 1 |
Boynton v. Kilgoregreen2 sentences2014See Boynton v. Kilgore, 271 Va. 220 , 228-29 & n.11, 623 S.E.2d 922 , 926-27 & n.11 (2006). 2014See Boynton v. Kilgore, 271 Va. 220 , 228-29 & n.11, 623 S.E.2d 922 , 926-27 & n.11 (2006). | 1 | 1 |
Overhead Door Co. of Norfolk v. Lewisgreen2 sentences2009Act or use of economic leverage which results in an unjust deprivation’ of benefits under the Act or an unjust application of the Act’s provisions.” Overhead Door Co. v. Lewis, 29 Va.App. 52, 60 , 509 S.E.2d 535, 538-39 (1999) (quoting Butler v. City of Virginia Beach, 22 Va.App. 601, 605, 471 S.E.2d 830, 832 (1996)). 2009Act or use of economic leverage which results in an unjust deprivation’ of benefits under the Act or an unjust application of the Act’s provisions.” Overhead Door Co. v. Lewis, 29 Va.App. 52, 60 , 509 S.E.2d 535, 538-39 (1999) (quoting Butler v. City of Virginia Beach, 22 Va.App. 601, 605, 471 S.E.2d 830, 832 (1996)). | 1 | 1 |
Butler v. City of Virginia Beachgreen2 sentences2009Act or use of economic leverage which results in an unjust deprivation’ of benefits under the Act or an unjust application of the Act’s provisions.” Overhead Door Co. v. Lewis, 29 Va.App. 52, 60 , 509 S.E.2d 535, 538-39 (1999) (quoting Butler v. City of Virginia Beach, 22 Va.App. 601, 605, 471 S.E.2d 830, 832 (1996)). 2009Act or use of economic leverage which results in an unjust deprivation’ of benefits under the Act or an unjust application of the Act’s provisions.” Overhead Door Co. v. Lewis, 29 Va.App. 52, 60 , 509 S.E.2d 535, 538-39 (1999) (quoting Butler v. City of Virginia Beach, 22 Va.App. 601, 605, 471 S.E.2d 830, 832 (1996)). | 1 | 1 |
Redman v. Commonwealthgreen2 sentences2000See generally id. at 221-22 , 487 S.E.2d at 272-73 . - 4 - We, therefore, affirm the convictions, but reverse the misdemeanor sentencing order and remand for resentencing consistent with this opinion. 2000See generally id. at 221-22 , 487 S.E.2d at 272-73 . - 4 - We, therefore, affirm the convictions, but reverse the misdemeanor sentencing order and remand for resentencing consistent with this opinion. | 1 | 1 |
Fore v. Commonwealthgreen2 sentences1998"Although the issue of voluntariness is a question of law subject to the court's independent review of the entire record, 'the trial court's subsidiary factual findings, upon which voluntariness is determined, . . . will not be disturbed on appeal unless plainly wrong.'" Green v. Commonwealth, ___ Va. App. ___, ___, ___ S.E.2d ___, ___ (1998) (citations omitted). "[T]he burden is upon the defendant to show the trial judge's ruling, when the evidence is viewed in the light most favorable to the Commonwealth, constituted reversible error." Id. at ___, ___ S.E.2d at ___ (citing Fore v. Commonweal 1998"Although the issue of voluntariness is a question of law subject to the court's independent review of the entire record, 'the trial court's subsidiary factual findings, upon which voluntariness is determined, . . . will not be disturbed on appeal unless plainly wrong.'" Green v. Commonwealth, ___ Va. App. ___, ___, ___ S.E.2d ___, ___ (1998) (citations omitted). "[T]he burden is upon the defendant to show the trial judge's ruling, when the evidence is viewed in the light most favorable to the Commonwealth, constituted reversible error." Id. at ___, ___ S.E.2d at ___ (citing Fore v. Commonweal | 1 | 1 |
Commonwealth v. Ellettgreen2 sentences1996First, "subsequently" is ordinarily accepted to mean "following in time; coming or being later than something else." Webster's Third New International Dictionary 2278 (3d ed. 1981); accord Commonwealth v. Ellett, 174 Va. 403, 410 , 4 S.E.2d 762, 765 (1939). 1996First, "subsequently" is ordinarily accepted to mean "following in time; coming or being later than something else." Webster's Third New International Dictionary 2278 (3d ed. 1981); accord Commonwealth v. Ellett, 174 Va. 403, 410 , 4 S.E.2d 762, 765 (1939). | 1 | 1 |
Hutcherson v. Commonwealthgreen2 sentences1995In Hutcherson v. Commonwealth, 7 Va.App. 534, 536-37 , 375 S.E.2d 403, 404 (1989), this Court approved a “finding of nonamenability based solely on the nature of the offense,” provided the related inquiry included consideration of “circumstances surrounding the offense,” the “extent of the juvenile’s involvement[,] and the interests of society and of the child.” We also expressly recognized that a “determination of non-amenability based solely on the face of the charge is ... permissible when the offense is one of those enumerated in the statute [i.e., armed robbery, rape, and murder].” Id. at 1995In Hutcherson v. Commonwealth, 7 Va.App. 534, 536-37 , 375 S.E.2d 403, 404 (1989), this Court approved a “finding of nonamenability based solely on the nature of the offense,” provided the related inquiry included consideration of “circumstances surrounding the offense,” the “extent of the juvenile’s involvement[,] and the interests of society and of the child.” We also expressly recognized that a “determination of non-amenability based solely on the face of the charge is ... permissible when the offense is one of those enumerated in the statute [i.e., armed robbery, rape, and murder].” Id. at | 1 | 1 |
Stein v. Commonwealthgreen2 sentences1995A related principle is that the plain, obvious, and rational meaning of a statute is always to be preferred to any curious, narrow, or strained construction.” Turner v. Commonwealth, 226 Va. 456, 459 , 309 S.E.2d 337, 338 (1983) (citation omitted). “[Wjords and phrases used in a statute should be given their ordinary and usually accepted meaning unless a different intention is fairly manifest.” Woolfolk v. Commonwealth, 18 Va. App. 840, 847 , 447 S.E.2d 530, 534 (1994); Stein v. Commonwealth, 12 Va. App. 65, 69 , 402 S.E.2d 238, 241 (1991). 1995A related principle is that the plain, obvious, and rational meaning of a statute is always to be preferred to any curious, narrow, or strained construction.” Turner v. Commonwealth, 226 Va. 456, 459 , 309 S.E.2d 337, 338 (1983) (citation omitted). “[Wjords and phrases used in a statute should be given their ordinary and usually accepted meaning unless a different intention is fairly manifest.” Woolfolk v. Commonwealth, 18 Va. App. 840, 847 , 447 S.E.2d 530, 534 (1994); Stein v. Commonwealth, 12 Va. App. 65, 69 , 402 S.E.2d 238, 241 (1991). | 1 | 1 |
Parke v. Raleygreen1 sentence1993See Raley v. Parke, 945 F.2d 137, 141 (6th Cir. 1991), rev’d on other grounds, 506 U.S. —, 121 L. | 1 | 1 |
Ricky H. Raley v. Al C. Parke, Wardengreen1 sentence1993See Raley v. Parke, 945 F.2d 137, 141 (6th Cir. 1991), rev’d on other grounds, 506 U.S. —, 121 L. | 1 | 1 |
Kirkpatrick v. Commonwealthgreen1 sentence1993Kirkpatrick v. Commonwealth, 211 Va. 269, 272 (1970). | 1 | 1 |
Cape Henry Towers, Inc. v. National Gypsum Co.green1 sentence1989Gypsum, 229 Va. 596, 603 (1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McGhee v. Com.
green
1 sentence2023Id. at 197 (citing Christopher v. Harbury, 536 U.S. 403, 417 (2002) (noting the “obligation of the Judicial 16 I also join with the majority in its criticism of our dissenting colleagues for ignoring the required standard of appellate review to view the facts in the light most favorable to the prevailing party below and their use of speculative hindsight to advance arguments and assert facts not in the record. | 1 | 2023–2023 |
Asfaw v. Commonwealth
green
1 sentence2014A related principle “requires a litigant to specifically assert in the trial court the legal theory he seeks to raise on appeal.” Asfaw v. Commonwealth, 56 Va. App. 158 , 165 n.4, 692 -3- S.E.2d 261, 265 n.4 (2010) (applying Rule 5A:18). | 1 | 2014–2014 |
Newport News Shipbuilding & Dry Dock Co. v. Holmes
green
2 sentences2006She initially filed for, and received, benefits under the LHWCA but, “‘to protect her right to all benefits . . . under the . . . [Virginia] Act,’ [she] also lodged a related claim with the commission, then advising the commission, ‘[n]o hearing is requested at this time.’” Holmes I, 37 Va. App. at 190 , 555 S.E.2d at 420 . 2006She initially filed for, and received, benefits under the LHWCA but, “‘to protect her right to all benefits . . . under the . . . [Virginia] Act,’ [she] also lodged a related claim with the commission, then advising the commission, ‘[n]o hearing is requested at this time.’” Holmes I, 37 Va. App. at 190 , 555 S.E.2d at 420 . | 1 | 2006–2006 |
O'Bannion v. Commonwealth
green
1 sentence1999O’Banion v. Commonwealth, 30 Va. App. 709 (1999). | 1 | 1999–1999 |
Ellis v. Commonwealth
green
1 sentence1996A related principle is that the plain, obvious and rational meaning of a statute is always to be preferred to any curious, narrow or strained construction.'" Virginia Employment Comm'n v. Fitzgerald, 19 Va. App. 491, 495 , 452 S.E.2d 692, 694 (1995) (quoting Turner v. Commonwealth, 226 Va. 456, 459 , 309 S.E.2d 337, 338 (1983)). "'[W]ords and phrases used in a statute should be given their ordinary and usually accepted meaning unless a different intention is fairly manifest.'" Id. (quoting Woolfolk v. Commonwealth, 18 Va. App. 340, 347 , 447 S.E.2d 530, 534 (1994)). -8- We hold that "subsequen | 1 | 1996–1996 |
Tiller v. Commonwealth
green
1 sentence1993Id. | 1 | 1993–1993 |
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.