Fifth Amendment self-incrimination challenge (Virginia) · Go Syfert
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Fifth Amendment self-incrimination challenge in Virginia

10 Virginia opinions name it 3 courts 2001–2024 8 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 (5)

CaseFollowedCited
Avent v. Com.green
va · 2010 · cited in 9 Virginia opinions naming this issue, 2018–2024
2 sentences

2024“For purposes of a Fifth Amendment self-incrimination challenge, ‘[v]oluntariness is a question of law, subject to independent appellate review.’” Secret v. Commonwealth, 296 Va. 204 , 225 (2018) (alteration in original) (quoting Avent v. Commonwealth, 279 Va. 175, 195 (2010)).

2024In the context of “a Fifth Amendment self-incrimination challenge, ‘[v]oluntariness is a question of law, subject to independent appellate review.’” Secret v. Commonwealth, 296 Va. 204 , 225 (2018) (alteration in original) (quoting Avent v. Commonwealth, 279 Va. 175, 195 (2010)).

89
Rodriguez v. Commonwealthgreen
vactapp · 2003 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024But this Court is “bound by the trial court’s subsidiary factual findings unless those findings are plainly wrong.” Robinson v. Commonwealth, 63 Va. App. 302, 310 (2014) (quoting Rodriguez v. Commonwealth, 40 Va. App. 144, 156 (2003)).3 “The test for determining voluntariness is whether the statement was the ‘product of an essentially free and unconstrained choice by its maker.’” Secret, 296 Va. at 226 (quoting Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973)).

11
Schneckloth v. Bustamontegreen
scotus · 1973 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024But this Court is “bound by the trial court’s subsidiary factual findings unless those findings are plainly wrong.” Robinson v. Commonwealth, 63 Va. App. 302, 310 (2014) (quoting Rodriguez v. Commonwealth, 40 Va. App. 144, 156 (2003)).3 “The test for determining voluntariness is whether the statement was the ‘product of an essentially free and unconstrained choice by its maker.’” Secret, 296 Va. at 226 (quoting Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973)).

11
Larod Nayquan Robinson v. Commonwealth of Virginiagreen
vactapp · 2014 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024But this Court is “bound by the trial court’s subsidiary factual findings unless those findings are plainly wrong.” Robinson v. Commonwealth, 63 Va. App. 302, 310 (2014) (quoting Rodriguez v. Commonwealth, 40 Va. App. 144, 156 (2003)).3 “The test for determining voluntariness is whether the statement was the ‘product of an essentially free and unconstrained choice by its maker.’” Secret, 296 Va. at 226 (quoting Schneckloth v. Bustamonte, 412 U.S. 218, 225 (1973)).

11
Minnesota v. Murphygreen
scotus · 1984 · cited in 1 Virginia opinions naming this issue, 2001–2001
1 sentence

2001See, 465 U.S. at 440 .

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 (1)

CaseCitedYears
Midkiff v. Commonwealth green
va · 1995
2 sentences

2018For purposes of a Fifth Amendment self-incrimination challenge, "[v]oluntariness is a question of law, subject to independent appellate review." Avent v. Commonwealth , 279 Va. 175 , 195, 688 S.E.2d 244 (2010) (quoting Midkiff v. Commonwealth , 250 Va. 262 , 268-69, 462 S.E.2d 112 (1995) ).

2018For purposes of a Fifth Amendment self-incrimination challenge, "[v]oluntariness is a question of law, subject to independent appellate review." Avent v. Commonwealth , 279 Va. 175 , 195, 688 S.E.2d 244 (2010) (quoting Midkiff v. Commonwealth , 250 Va. 262 , 268-69, 462 S.E.2d 112 (1995) ).

12018–2018

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (8) VA § Va. Code Ann. § 18.2-32 (4) VA § Va. Code Ann. § 18.2-67.3 (4) VA § Va. Code Ann. § 18.2-61 (3) VA § Va. Code Ann. § 19.2-271.6 (3) VA § Va. Code Ann. § 19.2-298.01 (3) VA § Va. Code Ann. § 19.2-306 (3) VA § Va. Code Ann. § 19.2-306.1 (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

VA 10 (2001–2024) IL 4 (2000–2017) CA 3 (1976–2020) NY 2 (1981–2004) NC 2 (1986–2006) MD 2 (1979–1979)

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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