en banc hearing in Virginia

16 Virginia opinions name it 2 courts 1987–2010 0 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.

Followed or applied (4)

Case	Followed	Cited
Commonwealth v. Burnsgreen va · 1990 · cited in 9 Virginia opinions naming this issue, 1991–2009 2 sentences 2009Panel decisions may be overruled through the en banc hearing process, see id., but not by other panel decisions. 2006Nevertheless, quoting Commonwealth v. Burns, 240 Va. 171, 174 , 395 S.E.2d 456, 457 (1990), they argue we are not so bound if we find that the decision in Stumpy Lake was based on “ ‘flagrant error or mistake.’ ” Appellees misconstrue the holding in Bums, which permits this Court to correct “ ‘flagrant error or mistake’ in a panel decision ... through the en banc hearing process.” Burns, 240 Va. at 174 , 395 S.E.2d at 457 .	4	9
Harper v. Commonwealthgreen vactapp · 2009 · cited in 2 Virginia opinions naming this issue, 2010–2010 2 sentences 2010Panel decisions may be overruled through the en banc hearing process, but not by other panel decisions.” Harper v. Commonwealth, 54 Va. App. 21, 24 , 675 S.E.2d 841, 843 (2009) (citations omitted). 2010Panel decisions may be overruled through the en banc hearing process, but not by other panel decisions.” Harper v. Commonwealth, 54 Va. App. 21, 24 , 675 S.E.2d 841, 843 (2009) (citations omitted).	2	2
Day v. Commonwealthgreen vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 1994–1994 2 sentences 1994Commonwealth v. Burns, 240 Va. 171, 174 , 395 S.E.2d 456, 457 (1990); Day v. Commonwealth, 12 Va. App. 1078, 1082 , 407 S.E.2d 52, 55 (1991) (Barrow, J., concurring). 3 Therefore, although we do not agree with Cafare?s extension of the rating requirement to cases of permanent total loss, we are bound by it. 1994Commonwealth v. Burns, 240 Va. 171, 174 , 395 S.E.2d 456, 457 (1990); Day v. Commonwealth, 12 Va. App. 1078, 1082 , 407 S.E.2d 52, 55 (1991) (Barrow, J., concurring). 3 Therefore, although we do not agree with Cafare?s extension of the rating requirement to cases of permanent total loss, we are bound by it.	1	1
Selected Risks Insurance v. Deangreen va · 1987 · cited in 1 Virginia opinions naming this issue, 1990–1990 2 sentences 1990If there is “flagrant error or mistake” in a panel decision, see Selected Risks Insurance Co. v. Dean, 233 Va. 260, 265 , 355 S.E.2d 579, 581 (1987), the error or mistake may be corrected through the en banc hearing process. 1990If there is “flagrant error or mistake” in a panel decision, see Selected Risks Insurance Co. v. Dean, 233 Va. 260, 265 , 355 S.E.2d 579, 581 (1987), the error or mistake may be corrected through the en banc hearing process.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Jones v. Com. green va · 2010 2 sentences 2010Any further doubt about the resolution of this case was resolved by our Supreme Court’s recent decision in Jones v. Commonwealth, 279 Va. 295 , 687 S.E.2d 738 (2010). 2010Any further doubt about the resolution of this case was resolved by our Supreme Court’s recent decision in Jones v. Commonwealth, 279 Va. 295 , 687 S.E.2d 738 (2010).	1	2010–2010
Wagner v. Wagner neutral vactapp · 1992 2 sentences 1993Wagner v. Wagner, 15 Va.App. 120 , 421 S.E.2d 218 (1992). 1993Wagner v. Wagner, 15 Va.App. 120 , 421 S.E.2d 218 (1992).	1	1993–1993
Satterfield v. Commonwealth neutral vactapp · 1991 2 sentences 1992We granted an en banc hearing to the Commonwealth from a panel decision, Satterfield v. Commonwealth, 12 Va. App. 24 , 401 S.E.2d 887 (1991), which reversed Dean Mason Satterfield’s conviction of possession of cocaine with the intent to distribute. 1992We granted an en banc hearing to the Commonwealth from a panel decision, Satterfield v. Commonwealth, 12 Va. App. 24 , 401 S.E.2d 887 (1991), which reversed Dean Mason Satterfield’s conviction of possession of cocaine with the intent to distribute.	1	1992–1992
Williams v. Commonwealth green vactapp · 1988 2 sentences 1991An en banc hearing was granted in this case because the panel before which this appeal was pending requested pursuant to Code § 17-116.02(D) that the Court convene in order to reconsider the panel's holding in Williams v. Commonwealth, 6 Va.App. 412 , 368 S.E.2d 293 (1988). 1991An en banc hearing was granted in this case because the panel before which this appeal was pending requested pursuant to Code § 17-116.02(D) that the Court convene in order to reconsider the panel's holding in Williams v. Commonwealth, 6 Va.App. 412 , 368 S.E.2d 293 (1988).	1	1991–1991
Vescuso v. Commonwealth green vactapp · 1987 2 sentences 1987ON PETITION FOR REHEARING EN BANC Under the provisions of Code § 17-116.02, we have consolidated these two cases and granted the Commonwealth's petition for an en banc hearing based upon proper certifications that Vescuso v. Commonwealth, 4 Va.App. 32 , 354 S.E.2d 68 (1987) and Fox v. Commonwealth, (unpublished order No. 0962-85, March 17, 1987), are in conflict with Dammerau v. Commonwealth, 3 Va.App. 285 , 349 S.E.2d 409 (1986), decided by another panel of this court on October 21, 1986. 1987ON PETITION FOR REHEARING EN BANC Under the provisions of Code § 17-116.02, we have consolidated these two cases and granted the Commonwealth's petition for an en banc hearing based upon proper certifications that Vescuso v. Commonwealth, 4 Va.App. 32 , 354 S.E.2d 68 (1987) and Fox v. Commonwealth, (unpublished order No. 0962-85, March 17, 1987), are in conflict with Dammerau v. Commonwealth, 3 Va.App. 285 , 349 S.E.2d 409 (1986), decided by another panel of this court on October 21, 1986.	1	1987–1987
Dammerau v. Commonwealth green vactapp · 1986 2 sentences 1987ON PETITION FOR REHEARING EN BANC Under the provisions of Code § 17-116.02, we have consolidated these two cases and granted the Commonwealth's petition for an en banc hearing based upon proper certifications that Vescuso v. Commonwealth, 4 Va.App. 32 , 354 S.E.2d 68 (1987) and Fox v. Commonwealth, (unpublished order No. 0962-85, March 17, 1987), are in conflict with Dammerau v. Commonwealth, 3 Va.App. 285 , 349 S.E.2d 409 (1986), decided by another panel of this court on October 21, 1986. 1987ON PETITION FOR REHEARING EN BANC Under the provisions of Code § 17-116.02, we have consolidated these two cases and granted the Commonwealth's petition for an en banc hearing based upon proper certifications that Vescuso v. Commonwealth, 4 Va.App. 32 , 354 S.E.2d 68 (1987) and Fox v. Commonwealth, (unpublished order No. 0962-85, March 17, 1987), are in conflict with Dammerau v. Commonwealth, 3 Va.App. 285 , 349 S.E.2d 409 (1986), decided by another panel of this court on October 21, 1986.	1	1987–1987

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-402 (4) VA § Va. Code Ann. § 17.1-413 (4) VA § Va. Code Ann. § 18.2-119 (3)

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.

Where else courts name it

FL 37 (1981–2025) LA 23 (1980–2013) VA 16 (1987–2010) WA 7 (1936–2012) PA 5 (1975–2021) NJ 2 (1989–1991) DC 2 (1976–1977) TX 2 (2015–2025) DE 2 (1967–2001) SC 2 (1931–1985) IA 2 (2014–2014)

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.

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