denial constituted reversible error (Virginia) · Go Syfert
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denial constituted reversible error in Virginia

13 Virginia opinions name it 1 courts 1990–2008 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 (11)

CaseFollowedCited
McGee v. Commonwealthgreen
vactapp · 1997 · cited in 3 Virginia opinions naming this issue, 2006–2008
2 sentences

2008See McGee v. Commonwealth, 25 Va. App. 193, 197 , 487 S.E.2d 259, 261 (1997) (en banc).

2008See McGee v. Commonwealth, 25 Va. App. 193, 197 , 487 S.E.2d 259, 261 (1997) (en banc).

33
Reynolds v. Commonwealthgreen
vactapp · 1990 · cited in 6 Virginia opinions naming this issue, 1993–2002
2 sentences

1997The court found that Armstead did not intend to mislead appellant by responding "no" to the question whether he needed "probable cause, a search warrant, a reasonable consent." II. "[U]pon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error." Reynolds v. Commonwealth, 9 Va. App. 430, 436 , 388 S.E.2d 659, 663 (1990).

1997The court found that Armstead did not intend to mislead appellant by responding "no" to the question whether he needed "probable cause, a search warrant, a reasonable consent." II. "[U]pon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error." Reynolds v. Commonwealth, 9 Va. App. 430, 436 , 388 S.E.2d 659, 663 (1990).

26
Fore v. Commonwealthgreen
va · 1980 · cited in 4 Virginia opinions naming this issue, 1990–1996
2 sentences

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

14
Maple v. Oklahomagreen
scotus · 1980 · cited in 3 Virginia opinions naming this issue, 1990–1996
2 sentences

1990However, upon appeal from a trial court’s denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. 3 Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 (1983).

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

13
Middleton v. Nelsongreen
scotus · 1980 · cited in 2 Virginia opinions naming this issue, 1990–1992
2 sentences

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

12
Wechsler v. Commonwealthgreen
vactapp · 1995 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997A "consensual encounter between police and an individual has no [F]ourth [A]mendment implications unless accompanied by such `coercion or show of force or authority by the officer . . . that would cause a person . . . reasonably to have believed that he or she was required to comply' and `not free to - 3 - leave.'" Wechsler v. Commonwealth, 20 Va. App. 162, 169 , 455 S.E.2d 744, 747 (1995) (citations omitted).

1997A "consensual encounter between police and an individual has no [F]ourth [A]mendment implications unless accompanied by such `coercion or show of force or authority by the officer . . . that would cause a person . . . reasonably to have believed that he or she was required to comply' and `not free to - 3 - leave.'" Wechsler v. Commonwealth, 20 Va. App. 162, 169 , 455 S.E.2d 744, 747 (1995) (citations omitted).

11
State v. Adamsongreen
ariz · 1983 · cited in 1 Virginia opinions naming this issue, 1990–1990
2 sentences

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

11
Wilson v. United Statesgreen
scotus · 1983 · cited in 1 Virginia opinions naming this issue, 1990–1990
1 sentence

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

11
McDougall v. North Carolinagreen
scotus · 1983 · cited in 1 Virginia opinions naming this issue, 1990–1990
2 sentences

1990However, upon appeal from a trial court’s denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. 3 Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 (1983).

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

11
State v. Bakkegreen
washctapp · 1986 · cited in 1 Virginia opinions naming this issue, 1990–1990
2 sentences

1990In determining the reasonableness of police action on appeal, as well as in the trial court, consideration must be given to the fact that the police owe "duties to the public, such as rendering aid to individuals in danger of physical harm, reducing the commission of crimes through patrol and other preventive measures, and providing services on an emergency basis." Washington v. Bakke, 44 Wash.App. 830, 834 , 723 P.2d 534, 536 (1986).

1990In determining the reasonableness of police action on appeal, as well as in the trial court, consideration must be given to the fact that the police owe "duties to the public, such as rendering aid to individuals in danger of physical harm, reducing the commission of crimes through patrol and other preventive measures, and providing services on an emergency basis." Washington v. Bakke, 44 Wash.App. 830, 834 , 723 P.2d 534, 536 (1986).

11
Watson v. Southern Ry. Co.green
sc · 1916 · cited in 1 Virginia opinions naming this issue, 1990–1990
1 sentence

1990However, upon appeal from a trial court's denial of a motion to suppress the discovered evidence, the burden is upon the appellant to show, considering the evidence in a light most favorable to the Commonwealth, granting to it all inferences fairly deducible therefrom, that the denial constituted reversible error. [3] Fore v. Commonwealth, 220 Va. 1007, 1010 , 265 S.E.2d 729, 731 , cert. denied, 449 U.S. 1017 , 101 S.Ct. 579 , 66 L.Ed.2d 477 (1980); see also State v. Adamson, 136 Ariz. 250 , 665 P.2d 972 , cert. denied, 464 U.S. 865 , 104 S.Ct. 204 , 78 L.Ed.2d 178 (1983).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Commonwealth v. Grimstead green
vactapp · 1991
2 sentences

1996We will not disturb a trial court's findings unless "plainly wrong," id., and appellant bears the burden to show that the denial constituted reversible error.

1996The factual findings of the trial court will not be disturbed unless "plainly wrong," Grimstead, 12 Va. App. at 1067 , 407 S.E.2d at 48 , and the burden is upon the appellant to show that the denial constituted reversible error.

61993–1996

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (4) VA § Va. Code Ann. § 18.2-248.1 (4)

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.

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