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21 Virginia opinions name it 2 courts 1996–2025 6 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 |
|---|---|---|
Kelly v. Commonwealthgreen1 sentence2025This principle “requires us to ‘discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom.’” Id. (quoting Kelly v. Commonwealth, 41 Va. App. 250, 254 (2003) (en banc)). 2 Newkirk was also charged with two counts of armed burglary of a bank in violation of Code § 18.2-93, robbery using a firearm in violation of Code § 18.2-58(2), two counts of possession of a firearm by a convicted violent felon in violation of Code § 18.2-308.2, and an additional c | 1 | 1 |
O'Bannion v. Commonwealthgreen2 sentences2025O’Banion, 30 Va. App. at 719-20 . 2025O’Banion, 30 Va. App. at 719-20. | 1 | 1 |
Gerald, T. v. Commonwealthgreen1 sentence2023However, when the Commonwealth failed to introduce prior convictions, the charge was reduced to a misdemeanor. 74 Va. App. 796 , 802 (2022) (quoting Gerald v. Commonwealth, 295 Va. 469, 472 (2018)). | 1 | 1 |
Morris v. Commonwealthgreen1 sentence2022“A ‘non-fatal’ variance is one that does not undermine the integrity of the trial and, thus, does not warrant a reversal on appeal.” Purvy v. Commonwealth, 59 Va. App. 260, 266 (2011) (citing Morris v. Commonwealth, 33 Va. App. 664, 668-69 (2000)). | 1 | 1 |
Hairston v. Commonwealthgreen1 sentence2022“Notice to the accused of the offense charged against him is the rockbed requirement which insures the accused a fair and impartial trial on the merits and forms the key to the fatal 2 Brown was also convicted of malicious wounding in violation of Code § 18.2-51, reckless handling of a firearm in violation of Code § 18.2-56.1, and another use of a firearm in the commission of a felony in violation of Code § 18.2-53.1. -4- variance rule.” Hairston v. Commonwealth, 2 Va. App. 211, 214 (1986). | 1 | 1 |
Purvy v. Commonwealthgreen1 sentence2022“A ‘non-fatal’ variance is one that does not undermine the integrity of the trial and, thus, does not warrant a reversal on appeal.” Purvy v. Commonwealth, 59 Va. App. 260, 266 (2011) (citing Morris v. Commonwealth, 33 Va. App. 664, 668-69 (2000)). | 1 | 1 |
James v. Wood Productsgreen1 sentence2015In Hopson, this Court found the evidence insufficient to affirm the defendant’s conviction for attempted robbery on facts that were even less favorable to that defendant than those found here. 15 Va. App. at 753, 427 S.E.2d at 224. | 1 | 1 |
Dodson v. Commonwealthgreen2 sentences2013Similarly, in Dodson v. Commonwealth, 23 Va.App. 286, 303 , 476 S.E.2d 512, 521 (1996), this Court affirmed a defendant’s conviction for attempting to possess a firearm after having been convicted of a felony in violation of Code § 18.2-308.2, where the defendant “visited [a sporting goods] store; examined several guns; selected the gun to be purchased; paid for the gun; and returned to the store to take possession of the gun.” The defendant in Dodson “also filled out federal and state firearm transaction forms.” Id. at 292 , 476 S.E.2d at 515 . 2013Similarly, in Dodson v. Commonwealth, 23 Va.App. 286, 303 , 476 S.E.2d 512, 521 (1996), this Court affirmed a defendant’s conviction for attempting to possess a firearm after having been convicted of a felony in violation of Code § 18.2-308.2, where the defendant “visited [a sporting goods] store; examined several guns; selected the gun to be purchased; paid for the gun; and returned to the store to take possession of the gun.” The defendant in Dodson “also filled out federal and state firearm transaction forms.” Id. at 292 , 476 S.E.2d at 515 . | 1 | 1 |
Woods v. Peoplegreen1 sentence2011See, e.g., Woods v. Illinois, 78 N.E. 607 (Ill. 1906); Kalamazoo v. Standard Paper Co., 148 N.W. 743 (Mich. 1914); Illinois v. Kraus, 37 N.E.2d 182 (Ill. 1941). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
North Carolina v. Alford
green
2 sentences2016I.Background In 2002, Zebbs entered guilty pleas, pursuant to North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), 1 to three charges: forcible sodomy (a felony in violation of Code § 18.2-67.1) and two counts of unlawful filming of a minor (misdemeanors in violation of Code § 18.2-386.1(A)). 2016I.Background In 2002, Zebbs entered guilty pleas, pursuant to North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970), 1 to three charges: forcible sodomy (a felony in violation of Code § 18.2-67.1) and two counts of unlawful filming of a minor (misdemeanors in violation of Code § 18.2-386.1(A)). | 2 | 2008–2016 |
Travis v. Commonwealth
green
2 sentences1996In Travis v. Commonwealth, 20 Va. App. 410 , 457 S.E.2d 420 (1995), we held that evidence of the defendant weaving in his own lane and into another was sufficient to find the endangerment necessary to support a felony violation of Code § 46.2-357. 1996In Travis v. Commonwealth, 20 Va. App. 410 , 457 S.E.2d 420 (1995), we held that evidence of the defendant weaving in his own lane and into another was sufficient to find the endangerment necessary to support a felony violation of Code § 46.2-357. | 2 | 1996–1996 |
Clanton v. Commonwealth
green
1 sentence2025This principle “requires us to ‘discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences that may be drawn therefrom.’” Id. (quoting Kelly v. Commonwealth, 41 Va. App. 250, 254 (2003) (en banc)). 2 Newkirk was also charged with two counts of armed burglary of a bank in violation of Code § 18.2-93, robbery using a firearm in violation of Code § 18.2-58(2), two counts of possession of a firearm by a convicted violent felon in violation of Code § 18.2-308.2, and an additional c | 1 | 2025–2025 |
MacDougall v. Levick
green
1 sentence2022The remainder of the previously sealed record remains sealed.” Levick v. MacDougall, 294 Va. 283 , 288 n.1 (2017). 2 Under Code § 18.2-270(C)(1): “Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony.” Additionally, under Code § 18.2-270(C)(2): “A person who has been convicted of . . . a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony.” Thus, it follows that for father to have been convicted of a felony for violati | 1 | 2022–2022 |
Howard Allen Groffel v. Commonwealth of Virginia
green
1 sentence2022The trial court subsequently granted Jackson’s motion to dismiss the ammunition charge under Groffel v. Commonwealth, 70 Va. App. 681 (2019), aff’d, 299 Va. 271 (2020). -4- Va. App. 1, 12 (1997). | 1 | 2022–2022 |
Jebrail Jefferson, s/k/a Jibrail Lamont Jefferson v. Commonwealth of Virginia
green
1 sentence2018Id. at 365, -4- 597 S.E.2d at 292 . | 1 | 2018–2018 |
Turner v. Commonwealth
green
1 sentence2017Id. at 853, 568 S.E.2d at 469 . | 1 | 2017–2017 |
Hall v. Commonwealth
green
1 sentence2012Id. at 894-95, 421 S.E.2d at 458 . | 1 | 2012–2012 |
The People v. Kraus
green
1 sentence2011See, e.g., Woods v. Illinois, 78 N.E. 607 (Ill. 1906); Kalamazoo v. Standard Paper Co., 148 N.W. 743 (Mich. 1914); Illinois v. Kraus, 37 N.E.2d 182 (Ill. 1941). | 1 | 2011–2011 |
Holloman v. Commonwealth
green
1 sentence2011Id. at 197, 199, 269 S.E.2d at 357-58 . | 1 | 2011–2011 |
City of Kalamazoo v. Standard Paper Co.
neutral
1 sentence2011See, e.g., Woods v. Illinois, 78 N.E. 607 (Ill. 1906); Kalamazoo v. Standard Paper Co., 148 N.W. 743 (Mich. 1914); Illinois v. Kraus, 37 N.E.2d 182 (Ill. 1941). | 1 | 2011–2011 |
McCain v. Com.
green
2 sentences2010Defendant filed motions to suppress evidence seized from him and any statements he made to police. 1 After hearing the officers’ testimony and the argument of counsel, the trial court granted defendant’s motion to suppress evidence of the firearm seized from him, stating that, “under the McCain case, it’s clear to me he had a right to stop the car.” See McCain v. Commonwealth, 275 Va. 546 , 659 S.E.2d 512 (2008) (vehicle stopped for traffic infraction). 2010Defendant filed motions to suppress evidence seized from him and any statements he made to police. 1 After hearing the officers’ testimony and the argument of counsel, the trial court granted defendant’s motion to suppress evidence of the firearm seized from him, stating that, “under the McCain case, it’s clear to me he had a right to stop the car.” See McCain v. Commonwealth, 275 Va. 546 , 659 S.E.2d 512 (2008) (vehicle stopped for traffic infraction). | 1 | 2010–2010 |
Franks v. Delaware
green
1 sentence2009On appeal, appellant contends the trial court erred in denying his motions to suppress evidence: 1) obtained by the police after he was seized in violation of his Fourth Amendment rights; 2) seized from his motel room pursuant to a search warrant; 3) seized from a safety deposit box pursuant to a search warrant; and 4) obtained by the police through search warrants in violation of Franks v. Delaware, 438 U.S. 154 (1978). 1 We hold the trial court erred in concluding the police lawfully detained appellant and in refusing to suppress a portion of the evidence. | 1 | 2009–2009 |
Batson v. Kentucky
green
1 sentence2008This case presents two questions for resolution: 1) whether the circuit court erred in denying Pritchett’s motion for a change of venue because of prejudicial pretrial publicity and 2) whether the circuit court erred in rejecting Pritchett’s challenge, pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), to the Commonwealth’s peremptory strike of potential African-American juror Dionne Harrison during the selection of the jury. | 1 | 2008–2008 |
Higginbotham v. Commonwealth
green
1 sentence2006BACKGROUND “When the sufficiency of the evidence is challenged after conviction, it is our duty to consider it in the light most favorable to the Commonwealth and give it all reasonable inferences fairly deducible therefrom.” Higginbotham v. Commonwealth, 216 Va. 349, 352 , 218 S.E.2d ∗ Pursuant to Code § 17.1-413, this opinion is not designated for publication. 1 At trial, the Commonwealth introduced copies of Fells’s two prior felony convictions for robbery. 2 Fells was also indicted for armed robbery in violation of Code § 18.2-58 and use of a firearm in the commission of a felony in violat | 1 | 2006–2006 |
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.