10 Virginia opinions name it 5 courts 1993–2023 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 |
|---|---|---|
Board of Regents of State Colleges v. Rothgreen2 sentences2023He must, instead, have a legitimate claim of entitlement to it.” Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972). 2008He must, instead, have a legitimate claim of entitlement to it.” 408 U.S. 564, 577 , 92 S. Ct. 2701 , 33 L. | 2 | 5 |
cluster 389956green2 sentences2002See United States v. Wellons, 32 F.3d 117, 119 (4th Cir. 1994) (unauthorized driver of rental car had no legitimate expectation of privacy in the vehicle), cert. denied, 513 U.S. 1157 (1995); United States v. Hargrove, 647 F.2d 411, 413 (4th Cir. 1981) (“person who cannot assert a legitimate claim to a vehicle cannot reasonably expect that the vehicle is a private repository for his personal effects”). 1993Although the Commonwealth cites United States v. Hargrove, 647 F.2d 411, 412 (4th Cir. 1981), for the proposition that “[a] person who cannot assert a legitimate claim to a vehicle cannot reasonably expect that the vehicle is a private repository for his personal effects, whether or not they are enclosed in some sort of a container, such as a paper bag,” it takes that statement out of context. | 2 | 2 |
Gardner v. City Of Baltimoregreen2 sentences2001Biser v. Town of Bel Air, 991 F.2d 100, 104 (4thCir. 1993) (citing Gardner v. Baltimore Mayor & City Council, 969 F.2d 63, 68 (4th Cir. 1992)). 1996In a constitutional context, the connotative dimensions of the word “property” are greater than the corporeal definition used by the layman: “the Court has . . . made it clear that the property interest protected by procedural due process extend well beyond actual ownership of real estate, chattels, or money.” Klinko, supra, quoting Board of Regents. “[WJhether a property owner possesses a legitimate claim of entitlement to a permit or approval turns on whether, under state and municipal law, the local agency lacks all discretion to deny issuance of the permit or to withhold its approval.” Gar | 2 | 2 |
Eldridge v. Bouchardgreen2 sentences1996He must have a legitimate claim or entitlement to it.” Eldridge v. Bouchard, 645 F. Supp. 749, 756 (W.D. 1994He must have a legitimate claim or entitlement to it.” Eldridge v. Bouchard, 645 F. Supp. 749, 756 (W.D. | 2 | 2 |
Wilkinson v. Austingreen1 sentence2023See also Wilkinson v. Austin, 545 U.S. 209, 221 (2005) (“The Fourteenth Amendment’s Due Process Clause protects persons against deprivations of life, liberty, or property; and those who seek to invoke its procedural 14 protection must establish that one of these interests is at stake.”); Olim v. Wakinekona, 461 U.S. 238, 250 (1983) (“Process is not an end in itself. | 1 | 1 |
Olim v. Wakinekonagreen1 sentence2023See also Wilkinson v. Austin, 545 U.S. 209, 221 (2005) (“The Fourteenth Amendment’s Due Process Clause protects persons against deprivations of life, liberty, or property; and those who seek to invoke its procedural 14 protection must establish that one of these interests is at stake.”); Olim v. Wakinekona, 461 U.S. 238, 250 (1983) (“Process is not an end in itself. | 1 | 1 |
Groves v. Commonwealthgreen2 sentences2018The claim of right defense asserts that a defendant did not have the necessary intent to steal, and “requires a predicate showing of ‘good faith,’ a bona fide belief by the taking party that she has some legal right to the property taken.” Groves v. Commonwealth, 50 Va. App. 57, 63 , 646 S.E.2d 28, 31 (2007) (quoting Butts v. Commonwealth, 145 Va. 800, 811-12 , 133 S.E. 764, 767-68 (1926)). 2018The claim of right defense asserts that a defendant did not have the necessary intent to steal, and “requires a predicate showing of ‘good faith,’ a bona fide belief by the taking party that she has some legal right to the property taken.” Groves v. Commonwealth, 50 Va. App. 57, 63 , 646 S.E.2d 28, 31 (2007) (quoting Butts v. Commonwealth, 145 Va. 800, 811-12 , 133 S.E. 764, 767-68 (1926)). | 1 | 1 |
Butts v. Commonwealthgreen2 sentences2018The claim of right defense asserts that a defendant did not have the necessary intent to steal, and “requires a predicate showing of ‘good faith,’ a bona fide belief by the taking party that she has some legal right to the property taken.” Groves v. Commonwealth, 50 Va. App. 57, 63 , 646 S.E.2d 28, 31 (2007) (quoting Butts v. Commonwealth, 145 Va. 800, 811-12 , 133 S.E. 764, 767-68 (1926)). 2018The claim of right defense asserts that a defendant did not have the necessary intent to steal, and “requires a predicate showing of ‘good faith,’ a bona fide belief by the taking party that she has some legal right to the property taken.” Groves v. Commonwealth, 50 Va. App. 57, 63 , 646 S.E.2d 28, 31 (2007) (quoting Butts v. Commonwealth, 145 Va. 800, 811-12 , 133 S.E. 764, 767-68 (1926)). | 1 | 1 |
United States v. Sherman L. Wellons, Jr.green1 sentence2002See United States v. Wellons, 32 F.3d 117, 119 (4th Cir. 1994) (unauthorized driver of rental car had no legitimate expectation of privacy in the vehicle), cert. denied, 513 U.S. 1157 (1995); United States v. Hargrove, 647 F.2d 411, 413 (4th Cir. 1981) (“person who cannot assert a legitimate claim to a vehicle cannot reasonably expect that the vehicle is a private repository for his personal effects”). | 1 | 1 |
Arellano v. United Statesgreen1 sentence2002See United States v. Wellons, 32 F.3d 117, 119 (4th Cir. 1994) (unauthorized driver of rental car had no legitimate expectation of privacy in the vehicle), cert. denied, 513 U.S. 1157 (1995); United States v. Hargrove, 647 F.2d 411, 413 (4th Cir. 1981) (“person who cannot assert a legitimate claim to a vehicle cannot reasonably expect that the vehicle is a private repository for his personal effects”). | 1 | 1 |
cluster 604832green1 sentence2001Biser v. Town of Bel Air, 991 F.2d 100, 104 (4thCir. 1993) (citing Gardner v. Baltimore Mayor & City Council, 969 F.2d 63, 68 (4th Cir. 1992)). | 1 | 1 |
Greenholtz v. Inmates of the Nebraska Penal & Correctional Complexgreen1 sentence1996He must, instead, have a legitimate claim of entitlement to it.” Board of Regents v. Roth, 408 U.S. 564, 577 (1972); see also Greenholtz, 442 U.S. at 11 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eldridge v. Bouchard
green
2 sentences1996Va. 1986), aff’d, 823 F.2d 546 (wage differential between state troopers in different regions of the state upheld despite claimed due process and equal protection violations) quoting Board of Regents v. Roth, 408 U.S. 564, 571 , 33 L. 1994Va. 1986), aff'd 823 F.2d 546 (wage differential between state troopers in different regions of the state upheld despite claimed due process and equal protection violations) quoting Board of Regents v. Roth, 408 U.S. 564, 571 , 33 L. | 2 | 1994–1996 |
Reed v. Commonwealth
green
2 sentences2003Id. at 69-70 , 366 S.E.2d at 277 . 2003Id. at 69-70 , 366 S.E.2d at 277 . | 1 | 2003–2003 |
Westbrook v. City of Jackson, Mississippi
green
1 sentence1996If the Annexation Decree had simply imposed a general duty to provide sewer services in the annexed area as was done in the Town generally, without requiring specific sewer lines to be built, the defendants could justifiably argue that this case was subject to the rule of Westbrook v. City of Jackson, supra, and Ransom v. Marrazzo, supra. But the facts of the case at bar are inapposite to those cases. | 1 | 1996–1996 |
Ransom v. Marrazzo
green
1 sentence1996If the Annexation Decree had simply imposed a general duty to provide sewer services in the annexed area as was done in the Town generally, without requiring specific sewer lines to be built, the defendants could justifiably argue that this case was subject to the rule of Westbrook v. City of Jackson, supra, and Ransom v. Marrazzo, supra. But the facts of the case at bar are inapposite to those cases. | 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.