Baker claim (Virginia) · Go Syfert
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Baker claim in Virginia

11 Virginia opinions name it 5 courts 1993–2015 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)

CaseFollowedCited
Nelson v. WARDEN OF KEEN MTN. CORRECTIONALgreen
va · 2001 · cited in 2 Virginia opinions naming this issue, 2007–2010
2 sentences

2010Thus, the only conclusion I can reach is that Rule 1:1 is jurisdictional. 19 Further, the majority cites to both Nelson, 262 Va. at 278, 552 S.E.2d at 74, and David Moore v. Commonwealth, 259 Va. 431, 437 , 527 S.E.2d 406, 409 (2000), as evidence that our Supreme Court has “taken steps to refin[e] the concept of ‘jurisdiction.’ ” Nelson involved a Baker claim 20 that was con trolled by the rule established one year earlier in Moore.

2010Thus, the only conclusion I can reach is that Rule 1:1 is jurisdictional. 19 Further, the majority cites to both Nelson, 262 Va. at 278, 552 S.E.2d at 74, and David Moore v. Commonwealth, 259 Va. 431, 437 , 527 S.E.2d 406, 409 (2000), as evidence that our Supreme Court has “taken steps to refin[e] the concept of ‘jurisdiction.’ ” Nelson involved a Baker claim 20 that was con trolled by the rule established one year earlier in Moore.

12
Meeks v. Com.green
va · 2007 · cited in 1 Virginia opinions naming this issue, 2015–2015
1 sentence

2015Even if Baker had offered evidence that 2011 Medical Parkway, Annapolis, Md., was not his home address, I am bound to follow “the plain, obvious, and rational meaning of a statute” instead of “any curious, narrow or strained construction.” Virginia Polytechnic Inst. & State Univ. v. Prosper Fin., Inc., 284 Va. 474 , 481 (2012) (quoting Meeks v. Commonwealth, 274 Va. 798, 802 (2007)).

11
Tomlin v. McKenziegreen
va · 1996 · cited in 1 Virginia opinions naming this issue, 2015–2015
1 sentence

2015His motion is in the nature of a plea in bar. “[A] plea in bar is a defensive pleading that reduces the litigation to a single issue,” Kroger Co. v. Appalachian Power Co., 244 Va. 560, 562 , (1992), “which, if proven, creates a bar to the plaintiff’s right of recovery.” Tomlin v. McKenzie, 251 Va. 478, 480 (1996).

11
Moore v. Commonwealthgreen
va · 2000 · cited in 1 Virginia opinions naming this issue, 2010–2010
2 sentences

2010Thus, the only conclusion I can reach is that Rule 1:1 is jurisdictional. 19 Further, the majority cites to both Nelson, 262 Va. at 278, 552 S.E.2d at 74, and David Moore v. Commonwealth, 259 Va. 431, 437 , 527 S.E.2d 406, 409 (2000), as evidence that our Supreme Court has “taken steps to refin[e] the concept of ‘jurisdiction.’ ” Nelson involved a Baker claim 20 that was con trolled by the rule established one year earlier in Moore.

2010Thus, the only conclusion I can reach is that Rule 1:1 is jurisdictional. 19 Further, the majority cites to both Nelson, 262 Va. at 278, 552 S.E.2d at 74, and David Moore v. Commonwealth, 259 Va. 431, 437 , 527 S.E.2d 406, 409 (2000), as evidence that our Supreme Court has “taken steps to refin[e] the concept of ‘jurisdiction.’ ” Nelson involved a Baker claim 20 that was con trolled by the rule established one year earlier in Moore.

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
Baker v. Commonwealth green
vactapp · 1998
2 sentences

2010A Baker claim is one that arises from Commonwealth v. Baker, 258 Va. 1 , 516 S.E.2d 219 (1999) (per curiam), aff'g Baker v. Common wealth, 28 Va.App. 306 , 504 S.E.2d 394 (1998) (holding that the failure to notify a juvenile’s parents of proceedings in juvenile court renders void subsequent criminal convictions in circuit court). .

2010A Baker claim is one that arises from Commonwealth v. Baker, 258 Va. 1 , 516 S.E.2d 219 (1999) (per curiam), aff'g Baker v. Common wealth, 28 Va.App. 306 , 504 S.E.2d 394 (1998) (holding that the failure to notify a juvenile’s parents of proceedings in juvenile court renders void subsequent criminal convictions in circuit court). .

52001–2010
Commonwealth v. Baker green
va · 1999
2 sentences

2010A Baker claim is one that arises from Commonwealth v. Baker, 258 Va. 1 , 516 S.E.2d 219 (1999) (per curiam), aff'g Baker v. Common wealth, 28 Va.App. 306 , 504 S.E.2d 394 (1998) (holding that the failure to notify a juvenile’s parents of proceedings in juvenile court renders void subsequent criminal convictions in circuit court). .

2010A Baker claim is one that arises from Commonwealth v. Baker, 258 Va. 1 , 516 S.E.2d 219 (1999) (per curiam), aff'g Baker v. Common wealth, 28 Va.App. 306 , 504 S.E.2d 394 (1998) (holding that the failure to notify a juvenile’s parents of proceedings in juvenile court renders void subsequent criminal convictions in circuit court). .

42001–2010
Moore v. Commonwealth green
va · 2000
2 sentences

2002The Commonwealth claims that neither Baker nor Dennis Moore v. Commonwealth, 259 Va. 405 , 527 S.E.2d 415 (2000), holds that a Baker claim is a jurisdictional defect.

2002The Commonwealth claims that neither Baker nor Dennis Moore v. Commonwealth, 259 Va. 405 , 527 S.E.2d 415 (2000), holds that a Baker claim is a jurisdictional defect.

32001–2002
Kroger Co. v. Appalachian Power Co. green
va · 1992
1 sentence

2015His motion is in the nature of a plea in bar. “[A] plea in bar is a defensive pleading that reduces the litigation to a single issue,” Kroger Co. v. Appalachian Power Co., 244 Va. 560, 562 , (1992), “which, if proven, creates a bar to the plaintiff’s right of recovery.” Tomlin v. McKenzie, 251 Va. 478, 480 (1996).

12015–2015
McCain v. Com. green
va · 2008
2 sentences

2010Baker argued that the Virginia Supreme Court’s recent decision in McCain v. Commonwealth, 275 Va. 546 , 659 S.E.2d 512 (2008), decided one day after the trial court’s initial ruling on Baker’s motion to suppress, compelled a different ruling on his motion.

2010Baker argued that the Virginia Supreme Court’s recent decision in McCain v. Commonwealth, 275 Va. 546 , 659 S.E.2d 512 (2008), decided one day after the trial court’s initial ruling on Baker’s motion to suppress, compelled a different ruling on his motion.

12010–2010
Virginia Department of Corrections v. Crowley green
va · 1984
2 sentences

2010Crowley, 227 Va. at 261-62 , 316 S.E.2d at 443 . [20] A Baker claim is an one that arises from Commonwealth v. Baker, 258 Va. 1 , 516 S.E.2d 219 (1999) (per curiam), aff'g Baker v. Commonwealth, 28 Va.App. 306 , 504 S.E.2d 394 (1998) (holding that the failure to notify a juvenile's parents of proceedings in juvenile court renders void subsequent criminal convictions in circuit court). [21] Rule 5:1, § 3(e) and (f) is similar to Rules 5:11 and 5A:8 in that it provides a procedure for making a transcript or a statement of facts a part of the record.

2010Crowley, 227 Va. at 261-62 , 316 S.E.2d at 443 . [20] A Baker claim is an one that arises from Commonwealth v. Baker, 258 Va. 1 , 516 S.E.2d 219 (1999) (per curiam), aff'g Baker v. Commonwealth, 28 Va.App. 306 , 504 S.E.2d 394 (1998) (holding that the failure to notify a juvenile's parents of proceedings in juvenile court renders void subsequent criminal convictions in circuit court). [21] Rule 5:1, § 3(e) and (f) is similar to Rules 5:11 and 5A:8 in that it provides a procedure for making a transcript or a statement of facts a part of the record.

12010–2010
Shanklin v. Commonwealth green
va · 1981
2 sentences

1993The Commonwealth cites Shanklin v. Commonwealth, 222 Va. 862 , 284 S.E.2d 611 (1981), and argues that even if it was error to deny the jury access to the full details of Baker’s plea agreement, such error was harmless because evidence other than Baker’s testimony linked appellant to the crimes.

1993The Commonwealth cites Shanklin v. Commonwealth, 222 Va. 862 , 284 S.E.2d 611 (1981), and argues that even if it was error to deny the jury access to the full details of Baker’s plea agreement, such error was harmless because evidence other than Baker’s testimony linked appellant to the crimes.

11993–1993

Statutes the citing opinions construe

VA § Va. Code Ann. § 16.1-263 (5) VA § Va. Code Ann. § 16.1-269 (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

TX 49 (1891–2025) OH 23 (1992–2024) PA 22 (1974–2024) FL 20 (1985–2026) CA 17 (1916–2023) IN 15 (1987–2024) GA 14 (1976–2024) MS 13 (2002–2023) VA 11 (1993–2015) KY 10 (1986–2026) AL 9 (1993–2025) IA 9 (1997–2021) UT 9 (1986–2026) MO 7 (1903–2014) MD 6 (2004–2017) IL 6 (2001–2026) WA 6 (1986–2025) HI 6 (1998–2024) WI 6 (1971–2005) KS 6 (2005–2026) NJ 5 (1930–2001) OR 5 (1970–2018) TN 5 (1996–2018) ND 4 (2015–2019) MI 4 (1990–2018) WY 4 (2001–2023) MT 4 (1999–2021) LA 4 (1967–2005) NY 4 (1982–2007) VT 3 (1996–2024) NE 3 (1996–2017) AZ 3 (1985–2016) CO 3 (2009–2021) NV 3 (1981–2022) AK 3 (1982–2025) ME 3 (1980–1995) DE 3 (2018–2024) MN 2 (1932–2015) AR 2 (1999–2011) CT 2 (1990–2010) SD 2 (1999–1999) ID 2 (2012–2014) NC 2 (2013–2014)

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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