procedural due process requirement (Virginia) · Go Syfert
← Virginia issues

procedural due process requirement in Virginia

13 Virginia opinions name it 2 courts 1971–2025 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.

Followed or applied (14)

CaseFollowedCited
Henrico Public Utilities v. Taylorgreen
vactapp · 2001 · cited in 2 Virginia opinions naming this issue, 2022–2022
2 sentences

2022See Taylor, 34 Va. App. at 243 (“Even though workers’ compensation proceedings may be more informal than judicial proceedings, “the [C]ommission must use procedures that ‘afford the parties minimal due process safeguards.’” (quoting WLR Foods, Inc. v. Cardosa, 26 Va. App. 220, 243 (1997))).

2022See Taylor, 34 Va. App. at 243 (“Even though workers’ compensation proceedings may be more informal than judicial proceedings, “the [C]ommission must use procedures that ‘afford the parties minimal due process safeguards.’” (quoting WLR Foods, Inc. v. Cardosa, 26 Va. App. 220, 243 (1997))).

22
WLR Foods, Inc. v. Cardosagreen
vactapp · 1997 · cited in 2 Virginia opinions naming this issue, 2022–2022
2 sentences

2022See Taylor, 34 Va. App. at 243 (“Even though workers’ compensation proceedings may be more informal than judicial proceedings, “the [C]ommission must use procedures that ‘afford the parties minimal due process safeguards.’” (quoting WLR Foods, Inc. v. Cardosa, 26 Va. App. 220, 243 (1997))).

2022See Taylor, 34 Va. App. at 243 (“Even though workers’ compensation proceedings may be more informal than judicial proceedings, “the [C]ommission must use procedures that ‘afford the parties minimal due process safeguards.’” (quoting WLR Foods, Inc. v. Cardosa, 26 Va. App. 220, 243 (1997))).

22
Ohio Bell Telephone Co. v. Public Utilities Commissiongreen
scotus · 1937 · cited in 2 Virginia opinions naming this issue, 1971–1971
2 sentences

1971See City of Norfolk v. Virginia Electric and Power Co., 197 Va. 505, 518 , 90 S.E.2d 140, 149 (1955), citing Ohio Bell Telephone Co. v. Public Utilities Comm., 301 U.S. 292 (1937).

1971See City of Norfolk Virginia Electric and Power Co., 197 Va. 505, 518 , 90 S.E.2d 140, 149 (1955), citing Ohio Bell Telephone Co. Public Utilities Comm., 301 U.S. 292 (1937).

22
City of Norfolk v. Virginia Electric & Power Co.green
va · 1955 · cited in 2 Virginia opinions naming this issue, 1971–1971
2 sentences

1971See City of Norfolk v. Virginia Electric and Power Co., 197 Va. 505, 518 , 90 S.E.2d 140, 149 (1955), citing Ohio Bell Telephone Co. v. Public Utilities Comm., 301 U.S. 292 (1937).

1971See City of Norfolk v. Virginia Electric and Power Co., 197 Va. 505, 518 , 90 S.E.2d 140, 149 (1955), citing Ohio Bell Telephone Co. v. Public Utilities Comm., 301 U.S. 292 (1937).

22
Cleveland Board of Education v. Loudermillgreen
scotus · 1985 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Gilbert v. Homar, 520 U.S. 924, 935 (1997) (noting that “[w]hether respondent was provided an adequately prompt post-suspension hearing . . . is a separate question” to whether he was entitled to a pre-suspension hearing (emphasis omitted)); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 547 (1985) (holding that terminated plaintiff successfully stated a claim for a procedural due process violation based on inadequate pre-deprivation process but failed to state a claim based on delay between the termination and the full hearing).

11
Gilbert v. Homargreen
scotus · 1997 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Gilbert v. Homar, 520 U.S. 924, 935 (1997) (noting that “[w]hether respondent was provided an adequately prompt post-suspension hearing . . . is a separate question” to whether he was entitled to a pre-suspension hearing (emphasis omitted)); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 547 (1985) (holding that terminated plaintiff successfully stated a claim for a procedural due process violation based on inadequate pre-deprivation process but failed to state a claim based on delay between the termination and the full hearing).

11
United States v. James Daniel Good Real Propertygreen
scotus · 1993 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022See United States v. James Daniel Good Real Prop., 510 U.S. 43, 53 (1993) (allowing postponement of a due process hearing until after deprivation in extraordinary situations); see also Tri-County Paving v. Ashe, 281 F.3d 430, 438 (4th Cir. 2002) (holding that the availability of post-deprivation procedures barred a landowner’s procedural due process claim). 6.

11
Tri-County Paving, Incorporated v. Ashe County Ashe County Board of Commissionersgreen
ca4 · 2002 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022See United States v. James Daniel Good Real Prop., 510 U.S. 43, 53 (1993) (allowing postponement of a due process hearing until after deprivation in extraordinary situations); see also Tri-County Paving v. Ashe, 281 F.3d 430, 438 (4th Cir. 2002) (holding that the availability of post-deprivation procedures barred a landowner’s procedural due process claim). 6.

11
Riggins v. Nevadagreen
scotus · 1992 · cited in 1 Virginia opinions naming this issue, 2021–2021
1 sentence

2021Therefore, if a defendant lacks the ability to reasonably communicate with counsel, he is likely unable to exercise many other “rights deemed essential to a fair trial.” Cooper v. Oklahoma, 517 U.S. 348, 364 (1996) (quoting Riggins v. Nevada, 504 U.S. 127, 139 (1992) (Kennedy, J., concurring)).7 Because competency evaluation procedures protect these essential rights, a defendant raises a procedural due process claim when he alleges he was wrongfully denied a competency evaluation.

11
Cooper v. Oklahomagreen
scotus · 1996 · cited in 1 Virginia opinions naming this issue, 2021–2021
1 sentence

2021Therefore, if a defendant lacks the ability to reasonably communicate with counsel, he is likely unable to exercise many other “rights deemed essential to a fair trial.” Cooper v. Oklahoma, 517 U.S. 348, 364 (1996) (quoting Riggins v. Nevada, 504 U.S. 127, 139 (1992) (Kennedy, J., concurring)).7 Because competency evaluation procedures protect these essential rights, a defendant raises a procedural due process claim when he alleges he was wrongfully denied a competency evaluation.

11
Nelson v. Coloradogreen
scotus · 2017 · cited in 1 Virginia opinions naming this issue, 2019–2019
1 sentence

2019Under the United States Constitution, the procedural due process standard set forth in Medina v. California, 505 U.S. 437 (1992), controls “‘the validity of state procedural rules’ that ‘are part of the criminal process.’” Nelson v. Colorado, 137 S. Ct. 1249, 1255 (2017) (quoting Medina, 505 U.S. at 443 ).

11
United States v. Herreragreen
ca10 · 2007 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008A defendant makes a procedural due process claim when he argues "that the trial court failed to hold a competency hearing after the defendant's mental competency was put in issue." [2] Walton v. Angelone, 321 F.3d 442, 459 (4th Cir.2003); see also United States v. Herrera, 481 F.3d 1266, 1271 (10th Cir.2007).

2008A defendant makes a procedural due process claim when he argues “that the trial court failed to hold a competency hearing after the defendant’s mental competency was put in issue.” 2 Walton v. Angelone, 321 F.3d 442, 459 (4th Cir.2003); see also United States v. Herrera, 481 F.3d 1266, 1271 (10th Cir.2007).

11
Percy Levar Walton v. Ronald J. Angelonegreen
ca4 · 2003 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008A defendant makes a procedural due process claim when he argues "that the trial court failed to hold a competency hearing after the defendant's mental competency was put in issue." [2] Walton v. Angelone, 321 F.3d 442, 459 (4th Cir.2003); see also United States v. Herrera, 481 F.3d 1266, 1271 (10th Cir.2007).

2008A defendant makes a procedural due process claim when he argues “that the trial court failed to hold a competency hearing after the defendant’s mental competency was put in issue.” 2 Walton v. Angelone, 321 F.3d 442, 459 (4th Cir.2003); see also United States v. Herrera, 481 F.3d 1266, 1271 (10th Cir.2007).

11
United States v. Morgangreen
scotus · 1941 · cited in 1 Virginia opinions naming this issue, 1988–1988
1 sentence

1988The Court expressed the underlying rationale: “Without a showing to the contrary, state administrators ‘are assumed to be men of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances.’ ” Id. at 55 quoting United States v. Morgan, 313 U.S. 409, 421 (1941).

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 (7)

CaseCitedYears
Klimko v. Virginia Employment Commission green
va · 1976
1 sentence

2024The question at that step is whether the procedures at issue satisfied the “due process ‘fairness’ standard.” Bragg Hill Corp., 297 Va. at 585 (quoting Klimko, 216 Va. at 754 ).

12024–2024
Johnson v. Commonwealth green
vactapp · 2008
1 sentence

2021Johnson, 53 Va. App. at 93 .

12021–2021
Medina v. California green
scotus · 1992
2 sentences

2019Under the United States Constitution, the procedural due process standard set forth in Medina v. California, 505 U.S. 437 (1992), controls “‘the validity of state procedural rules’ that ‘are part of the criminal process.’” Nelson v. Colorado, 137 S. Ct. 1249, 1255 (2017) (quoting Medina, 505 U.S. at 443 ).

2019Under the United States Constitution, the procedural due process standard set forth in Medina v. California, 505 U.S. 437 (1992), controls “‘the validity of state procedural rules’ that ‘are part of the criminal process.’” Nelson v. Colorado, 137 S. Ct. 1249, 1255 (2017) (quoting Medina, 505 U.S. at 443 ).

12019–2019
City of Suffolk Ex Rel. Herbert v. Board of Zoning Appeals green
va · 2003
2 sentences

2019Landowners only have a vested right in preexisting use of the land, they do not have a vested right "in the continuation of the land's existing zoning status." Board of Zoning Appeals v. CaseLin Sys., Inc. , 256 Va. 206 , 210, 501 S.E.2d 397 (1998), superseded on other grounds by statute , 1998 Acts ch. 801, as described in Suffolk , 266 Va. at 143 , 580 S.E.2d 796 . *494 Count III fails to state a procedural due process violation for two reasons.

2019Landowners only have a vested right in preexisting use of the land, they do not have a vested right "in the continuation of the land's existing zoning status." Board of Zoning Appeals v. CaseLin Sys., Inc. , 256 Va. 206 , 210, 501 S.E.2d 397 (1998), superseded on other grounds by statute , 1998 Acts ch. 801, as described in Suffolk , 266 Va. at 143 , 580 S.E.2d 796 . *494 Count III fails to state a procedural due process violation for two reasons.

12019–2019
Board of Zoning Appeals v. CaseLin Systems, Inc. green
va · 1998
2 sentences

2019Landowners only have a vested right in preexisting use of the land, they do not have a vested right "in the continuation of the land's existing zoning status." Board of Zoning Appeals v. CaseLin Sys., Inc. , 256 Va. 206 , 210, 501 S.E.2d 397 (1998), superseded on other grounds by statute , 1998 Acts ch. 801, as described in Suffolk , 266 Va. at 143 , 580 S.E.2d 796 . *494 Count III fails to state a procedural due process violation for two reasons.

2019Landowners only have a vested right in preexisting use of the land, they do not have a vested right "in the continuation of the land's existing zoning status." Board of Zoning Appeals v. CaseLin Sys., Inc. , 256 Va. 206 , 210, 501 S.E.2d 397 (1998), superseded on other grounds by statute , 1998 Acts ch. 801, as described in Suffolk , 266 Va. at 143 , 580 S.E.2d 796 . *494 Count III fails to state a procedural due process violation for two reasons.

12019–2019
Withrow v. Larkin green
scotus · 1975
2 sentences

1988The fact that the same agency makes them in tandem and that they relate to the same issues does not result in a procedural due process violation.” Id. at 58 .

1988The Court expressed the underlying rationale: “Without a showing to the contrary, state administrators ‘are assumed to be men of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances.’ ” Id. at 55 quoting United States v. Morgan, 313 U.S. 409, 421 (1941).

11988–1988
Burdett v. Commonwealth green
va · 1904
2 sentences

1978However, we do not agree that the verbal notice Davis received satisfied the procedural due process requirement. *398 In Burdett’s Case, 103 Va. 838 , 48 S.E. 878 , 68 L.R.A. 251 (1904), we said: “[T]he substantial difference between a direct and a constructive contempt is one of procedure.

1978However, we do not agree that the verbal notice Davis received satisfied the procedural due process requirement. *398 In Burdett’s Case, 103 Va. 838 , 48 S.E. 878 , 68 L.R.A. 251 (1904), we said: “[T]he substantial difference between a direct and a constructive contempt is one of procedure.

11978–1978

Where else courts name it

IL 104 (1976–2026) TX 74 (1979–2025) CA 66 (1963–2024) WI 55 (1972–2025) PA 52 (1958–2025) WA 51 (1976–2025) OH 46 (1991–2026) MN 40 (1986–2025) CT 38 (1976–2026) NM 38 (1989–2026) NJ 29 (1972–2026) MI 29 (1978–2025) CO 29 (1988–2026) KS 28 (2002–2026) FL 28 (1983–2025) IA 25 (1979–2022) ID 24 (1990–2024) ME 20 (1995–2024) IN 19 (1976–2026) MO 18 (1976–2019) NY 17 (1979–2026) AZ 16 (1981–2019) UT 14 (2004–2026) NH 13 (1987–2025) MA 13 (1992–2022) VA 13 (1971–2025) WV 13 (1978–2018) NC 11 (1984–2024) MS 11 (1997–2021) AL 11 (1989–2025) LA 11 (1972–2018) MD 11 (1999–2013) MT 10 (2000–2016) GA 10 (1995–2023) TN 9 (1998–2023) VT 9 (1999–2025) RI 9 (1994–2015) DE 8 (1989–2025) OK 8 (1982–2022) SC 8 (1997–2025) SD 8 (2001–2018) OR 7 (1999–2014) DC 6 (1982–2007) HI 6 (1982–2015) NV 5 (1995–2021) AR 5 (1999–2025) KY 4 (2012–2026) NE 4 (1989–2020) AK 4 (2013–2023) WY 3 (2006–2020) ND 2 (2019–2025) VI 2 (2015–2025)

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.

← Caselaw search · G Cite Topics · Brief Check