Roberts test (Virginia) · Go Syfert
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Roberts test in Virginia

11 Virginia opinions name it 2 courts 1999–2018 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 (9)

CaseFollowedCited
Crawford v. Washingtongreen
scotus · 2004 · cited in 8 Virginia opinions naming this issue, 2005–2018
2 sentences

2018In Crawford v. Washington, 541 U.S. 36, 51-52 (2004), the United States Supreme Court abandoned the Roberts test and classified certain specific types of evidence as “testimonial.” Under Crawford, when evidence is testimonial, it cannot be introduced at trial without a testifying witness unless that witness is unavailable and the defendant previously had an opportunity to cross-examine the witness on that evidence.

2018In Crawford v. Washington, 541 U.S. 36, 51-52 (2004), the United States Supreme Court abandoned the Roberts test and classified certain specific types of evidence as “testimonial.” Under Crawford, when evidence is testimonial, it cannot be introduced at trial without a testifying witness unless that witness is unavailable and the defendant previously had an opportunity to cross-examine the witness on that evidence.

28
Southern Railway Co. v. Minorgreen
gactapp · 1990 · cited in 1 Virginia opinions naming this issue, 2010–2010
2 sentences

2010Co. v. Minor, 196 Ga.App. 183 , 395 S.E.2d 845, 847 (1990) (evaluating under state law whether a trial court erred in striking a juror for cause in a FELA action); Auer v. Burlington N. R.R.

2010Co. v. Minor, 196 Ga.App. 183 , 395 S.E.2d 845, 847 (1990) (evaluating under state law whether a trial court erred in striking a juror for cause in a FELA action); Auer v. Burlington N. R.R.

11
Hodges v. Com.green
va · 2006 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008In Crawford , the Supreme Court rejected the Roberts analysis and held that "[w]here testimonial evidence is at issue, ... the Sixth Amendment demands what the common law required: unavailability [of the witness] and a prior opportunity for cross-examination." 541 U.S. at 68 , 124 S.Ct. 1354 ; accord Hodges v. Commonwealth, 272 Va. 418 , 428-29, 634 S.E.2d 680 , 685 (2006).

2008In Crawford , the Supreme Court rejected the Roberts analysis and held that "[w]here testimonial evidence is at issue, ... the Sixth Amendment demands what the common law required: unavailability [of the witness] and a prior opportunity for cross-examination." 541 U.S. at 68 , 124 S.Ct. 1354 ; accord Hodges v. Commonwealth, 272 Va. 418 , 428-29, 634 S.E.2d 680 , 685 (2006).

11
State v. Manuelgreen
wisctapp · 2004 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

11
De La Garza v. Stringfellowgreen
scotus · 2005 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

11
Worley v. United States Court of Appeals for the Fourth Circuitgreen
scotus · 2005 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

11
Horton v. Allengreen
ca1 · 2004 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

11
State v. Statengreen
scctapp · 2005 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005State v. Staten, 364 S.C. 7 , 610 S.E.2d 823, 836 (Ct.App.2005) (alterations in original).

2005State v. Staten, 364 S.C. 7 , 610 S.E.2d 823, 836 (Ct.App.2005) (alterations in original).

11
United States v. James Saget, Also Known as Heshgreen
ca2 · 2004 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

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 (3)

CaseCitedYears
Prophet v. BULLOCK CORP. green
vactapp · 2011
1 sentence

2013Appellants contend the commission erred in: (1) refusing to reconsider its review opinion; (2) applying Prophet v. Bullock Corp., 59 Va. App. 313 , 718 S.E.2d 478 (2011), rather than following prior decisions from the Court of Appeals; and (3) failing to recognize Prophet was wrongly decided.

12013–2013
State v. Uhde neutral
wis · 2004
2 sentences

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

2005Most jurisdictions are leaning toward the idea that " Crawford [left] the Roberts approach untouched with respect to nontestimonial statements." United States v. Saget, 377 F.3d 223, 227 (2d Cir.2004); see also Horton v. Allen, 370 F.3d 75, 84 (1st Cir.2004) ("Thus, unless [witness's hearsay] statements qualify as `testimonial,' Crawford is inapplicable and Roberts continues to apply.") [, cert. denied, ___ U.S. ___, 125 S.Ct. 971 , 160 L.Ed.2d 905 (2005)]; State v. Manuel, 275 Wis.2d 146 , 2004 WI App 111 , 685 N.W.2d 525, 533 (Wis.Ct.App.2004), review granted, 2004 WI 138 , 276 Wis.2d 26 , 6

12005–2005
Ohio v. Roberts red
scotus · 1980
2 sentences

1999In this case, there is no "showing of particularized guarantees of trustworthiness," id., that would make the codefendant's statement admissible against Pitt under the second prong of the Roberts test.

1999In this case, there is no "showing of particularized guarantees of trustworthiness," id., that would make the codefendant's statement admissible against Pitt under the second prong of the Roberts test.

11999–1999

Statutes the citing opinions construe

VA § Va. Code Ann. § 8.01-678 (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 40 (1976–2022) CA 38 (1953–2026) GA 29 (1984–2026) WA 29 (1978–2015) FL 28 (1972–2025) OH 24 (1992–2025) CO 18 (1965–2025) IL 18 (1987–2024) PA 17 (1977–2024) OR 17 (1989–2025) NY 14 (1993–2025) NC 13 (1876–2017) ID 12 (1991–2021) KS 12 (1989–2022) HI 11 (1995–2022) VA 11 (1999–2018) MN 10 (1986–2008) MD 9 (1987–2014) MS 9 (1987–2022) WI 9 (1989–2019) UT 8 (2002–2021) CT 8 (1990–2018) AL 8 (1987–2026) NJ 7 (1988–2008) MO 7 (1983–2017) TN 7 (2006–2013) NM 6 (1993–2007) IA 6 (1978–2024) WY 6 (1976–2013) SC 6 (2000–2014) AR 6 (2005–2016) NH 6 (2000–2017) MT 5 (1996–2025) MA 5 (1972–2004) MI 5 (1991–2019) IN 5 (2004–2019) KY 5 (2011–2024) ME 4 (1987–2014) DC 4 (1984–2014) AZ 4 (1986–2006) OK 3 (2002–2004) LA 2 (1989–2008) NV 2 (1998–2018) RI 2 (2010–2013)

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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