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10 Virginia opinions name it 4 courts 1991–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Massie v. Firmstonegreen2 sentences2019See Bolyard v. Commonwealth, 11 Va. App. 274, 277 , 397 S.E.2d 894, 896 (1990) (affirming trial court’s refusal to give an accidental homicide instruction where defendant testified “he deliberately shot the victim”); see also Massie v. Firmstone, 134 Va. 450, 462 , 114 S.E. 652, 656 (1922) (“No litigant can successfully ask a court or jury to believe that he has not told the truth. 2019See Bolyard v. Commonwealth, 11 Va. App. 274, 277 , 397 S.E.2d 894, 896 (1990) (affirming trial court’s refusal to give an accidental homicide instruction where defendant testified “he deliberately shot the victim”); see also Massie v. Firmstone, 134 Va. 450, 462 , 114 S.E. 652, 656 (1922) (“No litigant can successfully ask a court or jury to believe that he has not told the truth. | 3 | 3 |
Bolyard v. Commonwealthgreen2 sentences2019See Bolyard v. Commonwealth, 11 Va. App. 274, 277 , 397 S.E.2d 894, 896 (1990) (affirming trial court’s refusal to give an accidental homicide instruction where defendant testified “he deliberately shot the victim”); see also Massie v. Firmstone, 134 Va. 450, 462 , 114 S.E. 652, 656 (1922) (“No litigant can successfully ask a court or jury to believe that he has not told the truth. 2019See Bolyard v. Commonwealth, 11 Va. App. 274, 277 , 397 S.E.2d 894, 896 (1990) (affirming trial court’s refusal to give an accidental homicide instruction where defendant testified “he deliberately shot the victim”); see also Massie v. Firmstone, 134 Va. 450, 462 , 114 S.E. 652, 656 (1922) (“No litigant can successfully ask a court or jury to believe that he has not told the truth. | 3 | 3 |
Antoine Wilkerson v. Commonwealth of Virginiagreen1 sentence2021A trial court may “conditionally admit[]” the co-conspirator statements “subject to being 3 The Commonwealth argues that the rule set out in Floyd and its progeny does not apply in this case because it refers only to co-conspirator statements “made out of the defendant’s presence.” Floyd, 219 Va. at 581-82 ; see also Wilkerson, 33 Va. App. at 820 ; Rabeiro, 10 Va. App. at 63 . | 1 | 1 |
Virginia Department of State Police v. Elliottgreen2 sentences2013See Virginia Dep’t of State Police v. Elliott, 48 Va. App. 551, 554 , 633 S.E.2d 203, 204-05 (2006). 2013See Virginia Dep’t of State Police v. Elliott, 48 Va. App. 551, 554 , 633 S.E.2d 203, 204-05 (2006). | 1 | 1 |
McDonnough v. Commonwealthgreen2 sentences2005“Due diligence is that amount of prudence ‘as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances.’” McDonnough v. Commonwealth, 25 Va. App. 120, 128 , 486 S.E.2d 570, 574 (1997) (quoting Black’s Law Dictionary 457 (6th ed. 1990)). 2005“Due diligence is that amount of prudence ‘as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances.’” McDonnough v. Commonwealth, 25 Va. App. 120, 128 , 486 S.E.2d 570, 574 (1997) (quoting Black’s Law Dictionary 457 (6th ed. 1990)). | 1 | 1 |
Duncan v. Commonwealthgreen2 sentences1992See Duncan v. Commonwealth, 2 Va. App. 342, 346-47 , 343 S.E.2d 392, 395 (1986). 1992See Duncan v. Commonwealth, 2 Va. App. 342, 346-47 , 343 S.E.2d 392, 395 (1986). | 1 | 1 |
Mason v. Commonwealthgreen2 sentences1991Also, the evidence of the Richmond rape was admissible and certainly would have been considered by the jury. “[W]here a federal constitutional right has been violated, the conviction must be reversed unless the government proves that the error was harmless beyond a reasonable doubt.” Mason v. Commonwealth, 7 Va. App. 339, 348 , 373 S.E.2d 603, 608 (1988). 1991Also, the evidence of the Richmond rape was admissible and certainly would have been considered by the jury. “[W]here a federal constitutional right has been violated, the conviction must be reversed unless the government proves that the error was harmless beyond a reasonable doubt.” Mason v. Commonwealth, 7 Va. App. 339, 348 , 373 S.E.2d 603, 608 (1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Floyd v. Commonwealth
green
1 sentence2021A trial court may “conditionally admit[]” the co-conspirator statements “subject to being 3 The Commonwealth argues that the rule set out in Floyd and its progeny does not apply in this case because it refers only to co-conspirator statements “made out of the defendant’s presence.” Floyd, 219 Va. at 581-82 ; see also Wilkerson, 33 Va. App. at 820 ; Rabeiro, 10 Va. App. at 63 . | 1 | 2021–2021 |
Rabeiro v. Commonwealth
green
1 sentence2021A trial court may “conditionally admit[]” the co-conspirator statements “subject to being 3 The Commonwealth argues that the rule set out in Floyd and its progeny does not apply in this case because it refers only to co-conspirator statements “made out of the defendant’s presence.” Floyd, 219 Va. at 581-82 ; see also Wilkerson, 33 Va. App. at 820 ; Rabeiro, 10 Va. App. at 63 . | 1 | 2021–2021 |
Mapp v. Ohio
green
1 sentence1999Hence, it is argued that the exclusionary rule of Mapp v. Ohio, 367 U.S. 643 (1961), and its progeny does not apply. | 1 | 1999–1999 |
Slayton v. Commonwealth
green
1 sentence1996Slayton v. Commonwealth, 185 Va. 371 (1946), upon which the Commonwealth relies, is distinguished on its facts as it involved one charged for perjury in the course of a trial on another charge wherein he was acquitted. | 1 | 1996–1996 |
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.
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.