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20 Virginia opinions name it 2 courts 1983–2026 5 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 |
|---|---|---|
Cook v. Commonwealthgreen2 sentences2026“The hypotheses [of innocence] which must be thus excluded are those which flow from the evidence itself, and not from the imaginations of defense counsel.” Cook v. Commonwealth, 226 Va. 427, 433 (1983). 2025“Importantly, ‘[t]he hypotheses [of innocence] which must be thus excluded are those which flow from the evidence itself, and not from the imaginations of defense counsel.’” Commonwealth v. Wilkerson, __ Va. __, __ (Feb. 20, 2025) (alterations in original) (quoting Cook v. Commonwealth, 226 Va. 427, 433 (1983)). “[T]he ‘pertinent question’ on appeal is ‘whether a rational factfinder, in light of all the evidence, could have rejected [appellant’s] theories of innocence and found him guilty beyond a reasonable doubt.’” Id. at __ (quoting Moseley, 293 Va. at 464 ). | 13 | 18 |
Turner v. Commonwealthgreen2 sentences2025Importantly, “[t]he hypotheses [of innocence] which must be thus excluded are those which flow from the evidence itself, and not from the imaginations of defense counsel.” Id. (citing Turner v. Commonwealth, 218 Va. 141, 148-49 (1977)). 2003The hypotheses which must be thus excluded are those which flow from the evidence itself, and not from the imaginations of defense counsel.” Cook v. Commonwealth, 226 Va. 427, 433 , 309 S.E.2d 325, 328 (1983) (citing Turner v. Commonwealth, 218 Va. 141, 148-49 , 235 S.E.2d 357, 361 (1977)). | 5 | 5 |
Vasquez v. Commonwealthgreen1 sentence2025Where a defendant raises an alternative hypothesis of innocence on appeal, “the issue is whether a reasonable fact finder, upon consideration of all the evidence, could have rejected defendant’s theories and found him guilty of the charged offense beyond a reasonable doubt.” Fary v. Commonwealth, 77 Va. App. 331 , 343 (2023) (en banc) (quoting Coles v. 8 “The statement that circumstantial evidence must exclude every reasonable theory of innocence is simply another way of stating that the Commonwealth has the burden of proof beyond a reasonable doubt.” Fary v. Commonwealth, 77 Va. App. 331 , 34 | 1 | 1 |
Tyler v. Commonwealthgreen1 sentence2020Hypotheses of innocence which must be excluded by the fact finder “are those which flow from the evidence itself, and not from the imaginations of defense counsel.” Cook v. Commonwealth, 226 Va. 427, 433 (1983); see also Tyler v. Commonwealth, 254 Va. 162, 166 (1997). | 1 | 1 |
Derr v. Commonwealthgreen2 sentences2013We do not view circumstantial evidence in isolation: “‘While no single piece of evidence may be sufficient, the combined force of many concurrent and related circumstances, each insufficient in itself, may lead a reasonable mind irresistibly to a conclusion.’” Commonwealth v. Hudson, 265 Va. 505, 514 , 578 S.E.2d 781, 786 (2003) (quoting Derr v. Commonwealth, 242 Va. 413, 425 , 410 S.E.2d 662, 669 (1991)). 3 “[B]ank notes,” as used in the statute, is a reference to currency. 2013We do not view circumstantial evidence in isolation: “‘While no single piece of evidence may be sufficient, the combined force of many concurrent and related circumstances, each insufficient in itself, may lead a reasonable mind irresistibly to a conclusion.’” Commonwealth v. Hudson, 265 Va. 505, 514 , 578 S.E.2d 781, 786 (2003) (quoting Derr v. Commonwealth, 242 Va. 413, 425 , 410 S.E.2d 662, 669 (1991)). 3 “[B]ank notes,” as used in the statute, is a reference to currency. | 1 | 1 |
Commonwealth v. Hudsongreen2 sentences2013We do not view circumstantial evidence in isolation: “‘While no single piece of evidence may be sufficient, the combined force of many concurrent and related circumstances, each insufficient in itself, may lead a reasonable mind irresistibly to a conclusion.’” Commonwealth v. Hudson, 265 Va. 505, 514 , 578 S.E.2d 781, 786 (2003) (quoting Derr v. Commonwealth, 242 Va. 413, 425 , 410 S.E.2d 662, 669 (1991)). 3 “[B]ank notes,” as used in the statute, is a reference to currency. 2013We do not view circumstantial evidence in isolation: “‘While no single piece of evidence may be sufficient, the combined force of many concurrent and related circumstances, each insufficient in itself, may lead a reasonable mind irresistibly to a conclusion.’” Commonwealth v. Hudson, 265 Va. 505, 514 , 578 S.E.2d 781, 786 (2003) (quoting Derr v. Commonwealth, 242 Va. 413, 425 , 410 S.E.2d 662, 669 (1991)). 3 “[B]ank notes,” as used in the statute, is a reference to currency. | 1 | 1 |
Langston v. Commonwealthgreen2 sentences2003“To support a conviction based upon constructive possession, ‘the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the substance and that it was subject to his dominion and control.’” Langston v. Commonwealth, 28 Va. App. 276, 285 , 504 S.E.2d 380, 384 (1998) (citations omitted). 2003“To support a conviction based upon constructive possession, ‘the Commonwealth must point to evidence of acts, statements, or conduct of the accused or other facts or circumstances which tend to show that the defendant was aware of both the presence and character of the substance and that it was subject to his dominion and control.’” Langston v. Commonwealth, 28 Va. App. 276, 285 , 504 S.E.2d 380, 384 (1998) (citations omitted). | 1 | 1 |
Spencer v. Commonwealthgreen2 sentences2002See Spencer v. Commonwealth, 238 Va. 275, 283-84 , 384 S.E.2d 775, 779 (1989) (noting the hypotheses of innocence "which must be . . . excluded are those which flow from the evidence itself, and not from the imaginations of defense counsel"). 2002See Spencer v. Commonwealth, 238 Va. 275, 283-84 , 384 S.E.2d 775, 779 (1989) (noting the hypotheses of innocence "which must be . . . excluded are those which flow from the evidence itself, and not from the imaginations of defense counsel"). | 1 | 1 |
Terry v. Commonwealthgreen2 sentences1998"A court is not required to accept as true that which it knows from human experience is incredible." Terry v. Commonwealth, 174 Va. 507, 515 , 6 S.E.2d 673, 676 (1939). 1998"A court is not required to accept as true that which it knows from human experience is incredible." Terry v. Commonwealth, 174 Va. 507, 515 , 6 S.E.2d 673, 676 (1939). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Moseley
green
2 sentences2025“Importantly, ‘[t]he hypotheses [of innocence] which must be thus excluded are those which flow from the evidence itself, and not from the imaginations of defense counsel.’” Commonwealth v. Wilkerson, __ Va. __, __ (Feb. 20, 2025) (alterations in original) (quoting Cook v. Commonwealth, 226 Va. 427, 433 (1983)). “[T]he ‘pertinent question’ on appeal is ‘whether a rational factfinder, in light of all the evidence, could have rejected [appellant’s] theories of innocence and found him guilty beyond a reasonable doubt.’” Id. at __ (quoting Moseley, 293 Va. at 464 ). 2018Thus, her own testimony confirms that the driving in question was whether she drove home from the accident scene on May 26, 2013, as the Commonwealth contended. 8 We find no merit in Patricia's argument that there is a reasonable hypothesis of innocence that she told the truth in general district court under oath because she may have "switched seats with the actual driver" before Welch observed her exiting from the driver's seat and then lied to others outside of court "to cover for the actual driver who may have had a worse driver's status." Hypotheses of innocence that must be excluded "are | 2 | 2018–2025 |
Shawanda S. Thorne v. Commonwealth of Virginia
green
1 sentence2025“Where factual -9- findings are at issue in the context of an appeal, great deference is given to the trier of fact, in this case the trial court.” Thorne, 66 Va. App. at 253 . | 1 | 2025–2025 |
Coles v. Com.
green
1 sentence2025Where a defendant raises an alternative hypothesis of innocence on appeal, “the issue is whether a reasonable fact finder, upon consideration of all the evidence, could have rejected defendant’s theories and found him guilty of the charged offense beyond a reasonable doubt.” Fary v. Commonwealth, 77 Va. App. 331 , 343 (2023) (en banc) (quoting Coles v. 8 “The statement that circumstantial evidence must exclude every reasonable theory of innocence is simply another way of stating that the Commonwealth has the burden of proof beyond a reasonable doubt.” Fary v. Commonwealth, 77 Va. App. 331 , 34 | 1 | 2025–2025 |
Gerald, T. v. Commonwealth
green
1 sentence2021Gerald, 295 Va. at 482 n.8 (“Hypotheses of innocence that must be excluded ‘are those which flow from the evidence itself, and not from the imaginations of defense counsel.’” (quoting Cook v. Commonwealth, 226 Va. 427, 433 (1983))). - 16 - CONCLUSION For the reasons stated above, the ultimate judgment of the trial court is affirmed. | 1 | 2021–2021 |
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.