adoptive admission exception (Virginia) · Go Syfert
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adoptive admission exception in Virginia

10 Virginia opinions name it 2 courts 1990–2025 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.

Followed or applied (12)

CaseFollowedCited
Lynch v. Com.green
va · 2006 · cited in 5 Virginia opinions naming this issue, 2011–2025
2 sentences

2025“A statement may become admissible under the adoptive admission exception to the hearsay rule upon a showing of its tacit adoption by a party, as well as by more overt demonstrations of adoption.” Lynch, 272 Va. at 209 .

2023“A statement may become admissible under the adoptive admission exception to the hearsay rule upon a showing of its tacit adoption by a party, as well as by more overt demonstrations of adoption.” Lynch v. Commonwealth, 272 Va. 204, 209 (2006).

25
Knick v. Commonwealthgreen
vactapp · 1992 · cited in 2 Virginia opinions naming this issue, 1999–2005
2 sentences

2005Knick v. Commonwealth, 15 Va.App. 103, 107 , 421 S.E.2d 479, 481 (1992); see also Weinbender v. Commonwealth, 12 Va. App. 323, 325 , 398 S.E.2d 106, 107 (1990). [4] "For the adoptive admission exception to apply, a direct accusation is not needed." Strohecker, 23 Va.App. at 254 , 475 S.E.2d at 850 .

2005Knick v. Commonwealth, 15 Va.App. 103, 107 , 421 S.E.2d 479, 481 (1992); see also Weinbender v. Commonwealth, 12 Va. App. 323, 325 , 398 S.E.2d 106, 107 (1990). [4] "For the adoptive admission exception to apply, a direct accusation is not needed." Strohecker, 23 Va.App. at 254 , 475 S.E.2d at 850 .

22
Knight v. Commonwealthgreen
va · 1954 · cited in 2 Virginia opinions naming this issue, 1990–1990
2 sentences

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

22
Artis v. Commonwealthgreen
va · 1972 · cited in 2 Virginia opinions naming this issue, 1990–1990
2 sentences

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

22
Plymale v. Commonwealthgreen
va · 1954 · cited in 2 Virginia opinions naming this issue, 1990–1990
2 sentences

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

22
Owens v. Commonwealthgreen
va · 1947 · cited in 2 Virginia opinions naming this issue, 1990–1990
2 sentences

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

22
Dykeman v. Commonwealthgreen
va · 1960 · cited in 2 Virginia opinions naming this issue, 1990–1990
2 sentences

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

22
Baughan v. Commonwealthgreen
va · 1965 · cited in 2 Virginia opinions naming this issue, 1990–1990
2 sentences

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

12
United States v. Olayemi Dele Jinadu (95-3833), Moruf Omotola Lawal (95-3900)green
ca6 · 1996 · cited in 1 Virginia opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., United States v. Jinadu, 98 F.3d 239 , 244 (6th Cir. 1996).

11
Strohecker v. Commonwealthgreen
vactapp · 1996 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005"For the adoptive admission exception to apply, a direct accusation is not needed." Strohecker, 23 Va.App. at 254 , 475 S.E.2d at 850 .

2005"For the adoptive admission exception to apply, a direct accusation is not needed." Strohecker, 23 Va.App. at 254 , 475 S.E.2d at 850 .

11
Weinbender v. Com.green
vactapp · 1990 · cited in 1 Virginia opinions naming this issue, 2005–2005
1 sentence

2005Knick v. Commonwealth, 15 Va.App. 103, 107 , 421 S.E.2d 479, 481 (1992); see also Weinbender v. Commonwealth, 12 Va. App. 323, 325 , 398 S.E.2d 106, 107 (1990). [4] "For the adoptive admission exception to apply, a direct accusation is not needed." Strohecker, 23 Va.App. at 254 , 475 S.E.2d at 850 .

11
Weinbender v. Commonwealthgreen
vactapp · 1990 · cited in 1 Virginia opinions naming this issue, 2005–2005
1 sentence

2005Knick v. Commonwealth, 15 Va.App. 103, 107 , 421 S.E.2d 479, 481 (1992); see also Weinbender v. Commonwealth, 12 Va. App. 323, 325 , 398 S.E.2d 106, 107 (1990). [4] "For the adoptive admission exception to apply, a direct accusation is not needed." Strohecker, 23 Va.App. at 254 , 475 S.E.2d at 850 .

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 (2)

CaseCitedYears
Watkins v. Commonwealth green
va · 1989
2 sentences

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule "is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so." Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28 , 141 S.E.2d 750 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113 S.E.2d 867,

21990–1990
Stringer v. Black green
scotus · 1990
1 sentence

1990I agree with the majority that the Virginia test regarding the use of adoptive admissions as an exception to the hearsay rule “is whether [persons] similarly situated would have felt themselves called upon to deny the statements affecting them in the event they did not intend to express acquiescence by their failure to do so.” Owens v. Commonwealth, 186 Va. 689, 699 , 43 S.E.2d 895, 899 (1947); see also Artis v. Commonwealth, 213 Va. 220, 224-25 , 191 S.E.2d 190, 193 (1972); Baughan v. Commonwealth, 206 Va. 28, 32 , 141 S.E.2d 750, 753-54 (1965); Dykeman v. Commonwealth, 201 Va. 807, 812 , 113

11990–1990

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (5)

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

CA 48 (1973–2026) VA 10 (1990–2025) DC 6 (1971–2013) MO 5 (1994–2023) MA 4 (1991–2013) NY 2 (1988–2017) NJ 2 (1994–2001) IN 2 (1991–2026)

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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