14 Virginia opinions name it 2 courts 1957–2024 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 |
|---|---|---|
Missouri v. McNeelygreen1 sentence2024Missouri v. McNeely, 569 U.S. 141, 152 (2013). | 1 | 1 |
Howes v. Fieldsgreen1 sentence2019It noted that, in determining whether Miranda applies, “[t]he answer . . . would depen[d] upon whether [incarceration] exerts the coercive pressure that Miranda was designed to guard against—the danger of coercion [that] results from the interaction of custody and official interrogation.” Id. at 506 (alterations in original) (internal quotation marks and citation omitted). | 1 | 1 |
Heckler v. Community Health Services of Crawford County, Inc.green1 sentence2015In federal practice, the United States Supreme Court has held that the “Government may not be estopped on the same terms as any other litigant.” Heckler v. Cmty. Health Servs. of Crawford Cnty., Inc., 467 U.S. 51, 60 (1984). | 1 | 1 |
Miller v. Alabamagreen2 sentences2014See id. at —, 132 S.Ct. at 2469 (“[W]e do not consider [the petitioners’] alternative argument that the Eighth Amendment requires a categorical bar on life without parole for juveniles, or at least for those 14 and younger.”). 2014See id. at —, 132 S.Ct. at 2469 (“[W]e do not consider [the petitioners’] alternative argument that the Eighth Amendment requires a categorical bar on life without parole for juveniles, or at least for those 14 and younger.”). | 1 | 1 |
Fitzgerald v. Com.green2 sentences2010See Fitzgerald, 273 Va. at 602-03 , 643 S.E.2d at 165 (citing Code § 54.1-3500); Conley, 273 Va. at 562 , 643 S.E.2d at 135 (citing Code § 54.1-3700). 2010See Fitzgerald, 273 Va. at 602-03 , 643 S.E.2d at 165 (citing Code § 54.1-3500); Conley, 273 Va. at 562 , 643 S.E.2d at 135 (citing Code § 54.1-3700). | 1 | 1 |
Conley v. Com.green2 sentences2010See Conley, 273 Va. at 561 , 643 S.E.2d at 135 (" Combs and John do not ... establish a categorical rule ... that only a medical doctor may qualify to render an expert opinion regarding the diagnosis of PTSD or any other recognized mental disorder.") Nonetheless, in reaching these decisions, we applied the same statutory analysis employed in Combs and John , finding that both licensed clinical social workers and licensed professional counselors were statutorily authorized to "diagnose" mental disorders and, thus, were qualified to provide expert testimony. 2010See Conley, 273 Va. at 561 , 643 S.E.2d at 135 (" Combs and John do not ... establish a categorical rule ... that only a medical doctor may qualify to render an expert opinion regarding the diagnosis of PTSD or any other recognized mental disorder.") Nonetheless, in reaching these decisions, we applied the same statutory analysis employed in Combs and John , finding that both licensed clinical social workers and licensed professional counselors were statutorily authorized to "diagnose" mental disorders and, thus, were qualified to provide expert testimony. | 1 | 1 |
Ward v. Commonwealthgreen2 sentences2007See Ward v. Commonwealth, 264 Va. 648 , 653, 570 S.E.2d 827 , 831 (2002) (permitting testimony by a psychologist in a rape case as to the victim's mental condition). 2007See Ward v. Commonwealth, 264 Va. 648 , 653, 570 S.E.2d 827 , 831 (2002) (permitting testimony by a psychologist in a rape case as to the victim's mental condition). | 1 | 1 |
Dean v. Deangreen2 sentences1995See Dean v. Dean, 8 Va.App. 143 , 379 S.E.2d 742 (1989) (holding that a broad categorical waiver of equitable distribution, spousal support and attorney’s fees did not waive all of a spouse’s property rights). 1995See Dean v. Dean, 8 Va.App. 143 , 379 S.E.2d 742 (1989) (holding that a broad categorical waiver of equitable distribution, spousal support and attorney’s fees did not waive all of a spouse’s property rights). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Davis v. Washington
green
1 sentence2023Thus, the conversation with the preschool teacher resembled the 911 call held non-testimonial in Davis, 547 U.S. at 827-28 ; the purpose of both was to “identify the abuser in order to protect the victim from future attacks.” Clark, 576 U.S. at 247 . | 1 | 2023–2023 |
Ohio v. Clark
green
2 sentences2023The Supreme Court, while “declin[ing] to adopt a categorical rule,” noted that “such statements are much less likely to be testimonial than statements to law enforcement officers.” Id. - 38 - Next, the statements “occurred in the context of an ongoing emergency” during which “the teachers needed to know whether it was safe to release [the victim] to his guardian at the end of the day.” Id. “[T]he immediate concern was to protect a vulnerable child who needed help.” Id. at 247 . 2023The Supreme Court, while “declin[ing] to adopt a categorical rule,” noted that “such statements are much less likely to be testimonial than statements to law enforcement officers.” Id. - 38 - Next, the statements “occurred in the context of an ongoing emergency” during which “the teachers needed to know whether it was safe to release [the victim] to his guardian at the end of the day.” Id. “[T]he immediate concern was to protect a vulnerable child who needed help.” Id. at 247 . | 1 | 2023–2023 |
Graham v. Florida
green
2 sentences2016In Graham , the United States Supreme Court stated, "The present case involves an issue the Court has not considered previously: a categorical challenge to a term-of-years sentence." Graham, 560 U.S. at 61 , 130 S.Ct. 2011 (emphasis added). 2016In Graham , the United States Supreme Court stated, "The present case involves an issue the Court has not considered previously: a categorical challenge to a term-of-years sentence." Graham, 560 U.S. at 61 , 130 S.Ct. 2011 (emphasis added). | 1 | 2016–2016 |
Arizona Independent Redistricting Commission v. Fields
green
1 sentence2016The circuit court also erred to the extent it held there is a categorical bar against a consultant serving as the alter ego of a legislator. 12 Although the nature of a *483 consultant's engagement may bear upon whether the communications with the legislator are within the legislative sphere, or purely political and outside the legislative sphere, the form of hire as a "consultant," standing alone, is not dispositive. " Gravel turned on the function fulfilled by [the aide] rather than his job title." Fields , 75 P.3d at 1097 . | 1 | 2016–2016 |
Townsend v. Com.
green
2 sentences2012Townsend, 270 Va. at 333 , 619 S.E.2d at 76 . 2012Townsend, 270 Va. at 333 , 619 S.E.2d at 76 . | 1 | 2012–2012 |
Atkins v. Virginia
green
2 sentences2006Atkins v. Virginia, 536 U.S. 304 , 320-21, 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002) ( Atkins III ). 2006Atkins v. Virginia, 536 U.S. 304 , 320-21, 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002) ( Atkins III ). | 1 | 2006–2006 |
Comptroller Ex Rel. Virginia Military Institute v. King
green
2 sentences1983They rely upon Virginia Military Institute v. King, 217 Va. 751 , 232 S.E.2d 895 (1977); Housing Authority v. Laburnum Corp., 195 Va. 827 , 80 S.E.2d 574 (1954); and Street v. Consumers Min. 1983They rely upon Virginia Military Institute v. King, 217 Va. 751 , 232 S.E.2d 895 (1977); Housing Authority v. Laburnum Corp., 195 Va. 827 , 80 S.E.2d 574 (1954); and Street v. Consumers Min. | 1 | 1983–1983 |
Richmond Redevelopment & Housing Authority v. Laburnum Construction Corp.
green
2 sentences1983They rely upon Virginia Military Institute v. King, 217 Va. 751 , 232 S.E.2d 895 (1977); Housing Authority v. Laburnum Corp., 195 Va. 827 , 80 S.E.2d 574 (1954); and Street v. Consumers Min. 1983They rely upon Virginia Military Institute v. King, 217 Va. 751 , 232 S.E.2d 895 (1977); Housing Authority v. Laburnum Corp., 195 Va. 827 , 80 S.E.2d 574 (1954); and Street v. Consumers Min. | 1 | 1983–1983 |
Leckie v. U. S. Seal
green
2 sentences1957The statement quoted in Leckie v. Seal, 161 Va. 215, 223 , 170 S. E. 844, 846 , from 1 Va. Law Reg. 548, to the effect that where the error in naming a defendant corporation is so material “that no such corporation exists, it is fatal at the trial,” is not a categorical rule of unqualified application and is not applicable in the circumstances of this case. 1957The statement quoted in Leckie v. Seal, 161 Va. 215, 223 , 170 S. E. 844, 846 , from 1 Va. Law Reg. 548, to the effect that where the error in naming a defendant corporation is so material “that no such corporation exists, it is fatal at the trial,” is not a categorical rule of unqualified application and is not applicable in the circumstances of this case. | 1 | 1957–1957 |
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.