implicit requirement (Virginia) · Go Syfert
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implicit requirement in Virginia

10 Virginia opinions name it 4 courts 1987–2026 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 (11)

CaseFollowedCited
Dunbar Group, LLC v. Tignorgreen
va · 2004 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023See Dunbar Grp., LLC v. Tignor, 267 Va. 361, 367 (2004) (“Because this statutory language is plain and unambiguous, we apply the plain meaning of that language.”); Michael V.

11
Kenneth W. Hardwick v. Richard L. Duggergreen
ca11 · 1987 · cited in 1 Virginia opinions naming this issue, 2008–2008
1 sentence

2008See Christopher v. Florida, 824 F.2d 836, 844-45 (11th Cir.1987) (“While we recognize that Edwards and Bradshaw are right to counsel cases, and that [Michigan v.] Mosley [, 423 U.S. 96 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975),] governs the admissibility of statements made following the suspect’s invocation of his right to cut off questioning, Mosley, 423 U.S. at 104 , 96 S.Ct. at 326 , we accept the State’s implicit claim that there are situations where the 'initiation' test of Edwards/Bradshaw governs the admissibility of statements made after a suspect has invoked his right to terminate questi

11
Michigan v. Mosleygreen
scotus · 1975 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008See Christopher v. Florida, 824 F.2d 836, 844-45 (11th Cir.1987) (“While we recognize that Edwards and Bradshaw are right to counsel cases, and that [Michigan v.] Mosley [, 423 U.S. 96 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975),] governs the admissibility of statements made following the suspect’s invocation of his right to cut off questioning, Mosley, 423 U.S. at 104 , 96 S.Ct. at 326 , we accept the State’s implicit claim that there are situations where the 'initiation' test of Edwards/Bradshaw governs the admissibility of statements made after a suspect has invoked his right to terminate questi

2008See Christopher v. Florida, 824 F.2d 836, 844-45 (11th Cir.1987) (“While we recognize that Edwards and Bradshaw are right to counsel cases, and that [Michigan v.] Mosley [, 423 U.S. 96 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975),] governs the admissibility of statements made following the suspect’s invocation of his right to cut off questioning, Mosley, 423 U.S. at 104 , 96 S.Ct. at 326 , we accept the State’s implicit claim that there are situations where the 'initiation' test of Edwards/Bradshaw governs the admissibility of statements made after a suspect has invoked his right to terminate questi

11
United States v. Thongsophaporngreen
ca1 · 2007 · cited in 1 Virginia opinions naming this issue, 2008–2008
1 sentence

2008See also United States v. Thongsophaporn, 503 F.3d 51, 56-57 (1st Cir.2007) (applying Bradshaw reinitiation test following an invocation of the right to remain silent under Mosley). 2 .

11
Vissicchio v. Vissicchiogreen
vactapp · 1998 · cited in 1 Virginia opinions naming this issue, 2003–2003
2 sentences

2003He argues that a waiver of current spousal support contains an implicit waiver of future spousal support. "[W]here there is no bar to the right of spousal support 'it is reversible error for the trial court, upon request of either party, to fail to make a reservation in the decree of the right to receive spousal support in the event of a change of circumstances,' even though, at the time of the decree, neither party needed support." Vissicchio v. Vissicchio, 27 Va. App. 240, 254 , 498 S.E.2d 425, 432 (1998) (quoting Blank v. Blank, 10 Va. App. 1, 4 , 389 S.E.2d 723, 724 (1990) (quoting Bacon v

2003He argues that a waiver of current spousal support contains an implicit waiver of future spousal support. "[W]here there is no bar to the right of spousal support 'it is reversible error for the trial court, upon request of either party, to fail to make a reservation in the decree of the right to receive spousal support in the event of a change of circumstances,' even though, at the time of the decree, neither party needed support." Vissicchio v. Vissicchio, 27 Va. App. 240, 254 , 498 S.E.2d 425, 432 (1998) (quoting Blank v. Blank, 10 Va. App. 1, 4 , 389 S.E.2d 723, 724 (1990) (quoting Bacon v

11
Bacon v. Bacongreen
vactapp · 1986 · cited in 1 Virginia opinions naming this issue, 2003–2003
2 sentences

2003He argues that a waiver of current spousal support contains an implicit waiver of future spousal support. "[W]here there is no bar to the right of spousal support 'it is reversible error for the trial court, upon request of either party, to fail to make a reservation in the decree of the right to receive spousal support in the event of a change of circumstances,' even though, at the time of the decree, neither party needed support." Vissicchio v. Vissicchio, 27 Va. App. 240, 254 , 498 S.E.2d 425, 432 (1998) (quoting Blank v. Blank, 10 Va. App. 1, 4 , 389 S.E.2d 723, 724 (1990) (quoting Bacon v

2003He argues that a waiver of current spousal support contains an implicit waiver of future spousal support. "[W]here there is no bar to the right of spousal support 'it is reversible error for the trial court, upon request of either party, to fail to make a reservation in the decree of the right to receive spousal support in the event of a change of circumstances,' even though, at the time of the decree, neither party needed support." Vissicchio v. Vissicchio, 27 Va. App. 240, 254 , 498 S.E.2d 425, 432 (1998) (quoting Blank v. Blank, 10 Va. App. 1, 4 , 389 S.E.2d 723, 724 (1990) (quoting Bacon v

11
Blank v. Blankgreen
vactapp · 1990 · cited in 1 Virginia opinions naming this issue, 2003–2003
2 sentences

2003He argues that a waiver of current spousal support contains an implicit waiver of future spousal support. "[W]here there is no bar to the right of spousal support 'it is reversible error for the trial court, upon request of either party, to fail to make a reservation in the decree of the right to receive spousal support in the event of a change of circumstances,' even though, at the time of the decree, neither party needed support." Vissicchio v. Vissicchio, 27 Va. App. 240, 254 , 498 S.E.2d 425, 432 (1998) (quoting Blank v. Blank, 10 Va. App. 1, 4 , 389 S.E.2d 723, 724 (1990) (quoting Bacon v

2003He argues that a waiver of current spousal support contains an implicit waiver of future spousal support. "[W]here there is no bar to the right of spousal support 'it is reversible error for the trial court, upon request of either party, to fail to make a reservation in the decree of the right to receive spousal support in the event of a change of circumstances,' even though, at the time of the decree, neither party needed support." Vissicchio v. Vissicchio, 27 Va. App. 240, 254 , 498 S.E.2d 425, 432 (1998) (quoting Blank v. Blank, 10 Va. App. 1, 4 , 389 S.E.2d 723, 724 (1990) (quoting Bacon v

11
Board of Supervisors v. King Land Corp.green
va · 1989 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998In support of this position, the Board relies upon the case of Board of Supervisors v. King Land Corp., 238 Va. 97 (1989).

1998The Supreme Court held that where “apublic official is charged by statute to perform a duty, but the statute is silent as to the express time by which the duty must be performed, there is an implicit requirement that its mandate be fulfilled within a reasonable time” Id. at 104 (emphasis added).

11
Maye v. Commonwealthgreen
va · 1972 · cited in 1 Virginia opinions naming this issue, 1995–1995
2 sentences

1995Cf. Maye v. Commonwealth, 213 Va. 48, 49 , 189 S.E.2d 350, 351 (1972) (holding that scienter will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved).

1995Cf. Maye v. Commonwealth, 213 Va. 48, 49 , 189 S.E.2d 350, 351 (1972) (holding that scienter will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved).

11
State Ex Rel. Laurisch v. Pohlgreen
minn · 1943 · cited in 1 Virginia opinions naming this issue, 1987–1987
1 sentence

1987See Andrews v. Shepherd, 201 Va. at 416 , 111 S.E.2d at 282 ; see also State v. Pohl, 8 N.W.2d 227, 231 (Minn. 1943).

11
Andrews v. Shepherdgreen
va · 1959 · cited in 1 Virginia opinions naming this issue, 1987–1987
2 sentences

1987See Andrews v. Shepherd, 201 Va. at 416 , 111 S.E.2d at 282 ; see also State v. Pohl, 8 N.W.2d 227, 231 (Minn. 1943).

1987See Andrews v. Shepherd, 201 Va. at 416 , 111 S.E.2d at 282 ; see also State v. Pohl, 8 N.W.2d 227, 231 (Minn. 1943).

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 (4)

CaseCitedYears
Stahl v. State green
ind · 1997
1 sentence

2026Indeed, “[r]eliability is an implicit requirement of Rule 803(15).” Id.

12026–2026
Moyer Reed Plaster v. United States green
ca4 · 1986
1 sentence

2008Plaster, 789 F.2d at 293 . [5] The concurrence criticizes our holding for "simply assum[ing] that the proposed plea agreement was an implicit waiver of immunity" without citing any authority or explaining why.

12008–2008
Commonwealth Ex Rel. Attorney General of Virginia v. Washington Gas Light Co. green
va · 1980
2 sentences

2003Commonwealth v. Washington Gas Light Co., 221 Va. 315, 323 , 269 S.E.2d 820 (1980).

2003Commonwealth v. Washington Gas Light Co., 221 Va. 315, 323 , 269 S.E.2d 820 (1980).

12003–2003
King Land Corp. v. Board of Supervisors green
vactapp · 1987
2 sentences

1989We agree with the comment contained in the dissenting opinion in the Court of Appeals: "Where, as here, a public official is charged by statute to perform a duty, but the statute is silent as to the express time by which the duty must be performed, there is an implicit requirement that its mandate be fulfilled within a reasonable time." King Land Corp., 4 Va. App. at 607 , 359 S.E.2d at 828 .

1989We agree with the comment contained in the dissenting opinion in the Court of Appeals: "Where, as here, a public official is charged by statute to perform a duty, but the statute is silent as to the express time by which the duty must be performed, there is an implicit requirement that its mandate be fulfilled within a reasonable time." King Land Corp., 4 Va. App. at 607 , 359 S.E.2d at 828 .

11989–1989

Where else courts name it

CA 87 (1959–2026) NY 51 (1968–2026) NJ 43 (1960–2026) TX 37 (1984–2025) IL 32 (1986–2026) PA 32 (1978–2024) CT 30 (1967–2025) FL 22 (1981–2017) TN 20 (1994–2025) OH 19 (1991–2024) LA 16 (1982–2024) MA 12 (1974–2025) GA 12 (1988–2024) WA 10 (1984–2019) MN 10 (1972–2025) ME 10 (1977–2019) VA 10 (1987–2026) NC 10 (1997–2024) CO 8 (1979–2025) OR 8 (2010–2026) MI 7 (1977–2025) AZ 7 (1984–2023) MD 7 (1945–2019) RI 7 (1997–2022) KY 6 (2014–2025) OK 6 (1998–2025) KS 6 (2007–2020) AL 6 (1981–2015) DC 5 (1990–2010) IN 5 (1973–1999) MO 5 (1964–2018) NM 4 (1984–2020) AK 4 (1982–2012) WI 4 (1973–2008) NE 4 (1985–2022) ID 4 (2016–2025) ND 3 (1985–1995) WV 3 (1990–2018) DE 3 (1988–2017) UT 3 (2005–2025) IA 2 (2010–2010) WY 2 (1991–2008) VT 2 (2006–2006) NH 2 (1982–2025) HI 2 (1974–2019)

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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