10 Virginia opinions name it 2 courts 2008–2024 6 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 |
|---|---|---|
Davis v. Commonwealthgreen2 sentences2014See, e.g., Paugh v. Henrico Area Mental Health & Developmental Servs., 286 Va. 85 , 87 n.1, 743 S.E.2d 277 , 278 n.1 (2013); Davis v. Commonwealth, 282 Va. 339, 339 , 717 S.E.2d 796, 796-97 (2011); Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96 , 104 n.4, 639 S.E.2d 174 , 177 n.4 (2007). 2014See, e.g., Paugh v. Henrico Area Mental Health & Developmental Servs., 286 Va. 85 , 87 n.1, 743 S.E.2d 277 , 278 n.1 (2013); Davis v. Commonwealth, 282 Va. 339, 339 , 717 S.E.2d 796, 796-97 (2011); Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96 , 104 n.4, 639 S.E.2d 174 , 177 n.4 (2007). | 2 | 2 |
Commonwealth v. Perkins (ORDER)green1 sentence2024See Code § 17.1-413(A). 1 The Honorable Gary A. Mills presided over the motion to suppress hearing. and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom.” Commonwealth v. Cady, 300 Va. 325 , 329 (2021) (quoting Commonwealth v. Perkins, 295 Va. 323, 324 (2018)). | 1 | 1 |
Com. v. Hilliardgreen1 sentence2024See Howard v. Commonwealth, 55 Va. App. 417, 425 (2009) (“Settled principles provide that appellant’s brief reference to the constitutional issue in his written - 10 - motion was insufficient to preserve this aspect of the claim for appeal.”), aff’d, 281 Va. 455 (2011); Commonwealth v. Hilliard, 270 Va. 42, 53 (2005) (holding party failed to preserve issue of Sixth Amendment right to counsel where he mentioned it in his written motion to suppress but did not raise it during argument at the motion to suppress hearing and did not ask the trial court to rule on the claim). | 1 | 1 |
Howard v. Com.green1 sentence2024See Howard v. Commonwealth, 55 Va. App. 417, 425 (2009) (“Settled principles provide that appellant’s brief reference to the constitutional issue in his written - 10 - motion was insufficient to preserve this aspect of the claim for appeal.”), aff’d, 281 Va. 455 (2011); Commonwealth v. Hilliard, 270 Va. 42, 53 (2005) (holding party failed to preserve issue of Sixth Amendment right to counsel where he mentioned it in his written motion to suppress but did not raise it during argument at the motion to suppress hearing and did not ask the trial court to rule on the claim). | 1 | 1 |
Howard v. Commonwealthgreen1 sentence2024See Howard v. Commonwealth, 55 Va. App. 417, 425 (2009) (“Settled principles provide that appellant’s brief reference to the constitutional issue in his written - 10 - motion was insufficient to preserve this aspect of the claim for appeal.”), aff’d, 281 Va. 455 (2011); Commonwealth v. Hilliard, 270 Va. 42, 53 (2005) (holding party failed to preserve issue of Sixth Amendment right to counsel where he mentioned it in his written motion to suppress but did not raise it during argument at the motion to suppress hearing and did not ask the trial court to rule on the claim). | 1 | 1 |
Cooper v. Commonwealthgreen1 sentence2024Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn [from that evidence].” Bagley v. Commonwealth, 73 Va. App. 1 , 26 (2021) (alteration in original) (quoting Cooper v. Commonwealth, 54 Va. App. 558, 562 (2009)). | 1 | 1 |
Najee Finique Hairston v. Commonwealth of Virginiagreen1 sentence2023Hairston v. Commonwealth, 67 Va. App. 552, 560 (2017) (quoting Malborough v. Commonwealth, 275 Va. 163, 168 (2008)). 2 The City of Waynesboro is an independent jurisdiction roughly in the middle of Augusta County. 3 The homeowner’s missing firearm was later recovered in the bedroom, where one of the residents had moved it while waiting for officers to arrive. 4 A year later, at the motion to suppress hearing, Deputy Stroop testified that he could not then recall from memory what the BOLO description said. -2- Deputy Stroop testified that he remembered saying to himself, “Hey; that matches the | 1 | 1 |
Malbrough v. Com.green1 sentence2023Hairston v. Commonwealth, 67 Va. App. 552, 560 (2017) (quoting Malborough v. Commonwealth, 275 Va. 163, 168 (2008)). 2 The City of Waynesboro is an independent jurisdiction roughly in the middle of Augusta County. 3 The homeowner’s missing firearm was later recovered in the bedroom, where one of the residents had moved it while waiting for officers to arrive. 4 A year later, at the motion to suppress hearing, Deputy Stroop testified that he could not then recall from memory what the BOLO description said. -2- Deputy Stroop testified that he remembered saying to himself, “Hey; that matches the | 1 | 1 |
Jay v. Com.green1 sentence2023See Rule 5A:20(e); Jay v. Commonwealth, 275 Va. 510, 520 (2008). | 1 | 1 |
Ornelas v. United Statesgreen1 sentence2010Poston. -3- questions of reasonable suspicion and probable cause, we “review findings of historical fact only for clear error 3 and . . . give due weight to inferences drawn from those facts by resident judges and local law enforcement officers.” Ornelas v. United States, 517 U.S. 690, 699 (1996) (footnote added). | 1 | 1 |
Wilks v. Commonwealthgreen2 sentences2008DeBusk, on the other hand, argues that we do not have jurisdiction to determine whether the dismissal was in error based on the narrow grounds for appeal granted to the Commonwealth by Code § 19.2-398. 3 2 This conclusion is also consistent with analogous decisions involving Chapter 6 of Title 19.2 of the Code of Virginia, relating to “Interception of Wire or Oral Communications.” See, e.g., Wilkes v. Commonwealth, 217 Va. 885, 889-90 , 234 S.E.2d 250, 252-53 (1977) (concluding that the term “oral communication” as defined in Code § 19.2-61(2) does not include a wrongdoer’s recorded statements 2008DeBusk, on the other hand, argues that we do not have jurisdiction to determine whether the dismissal was in error based on the narrow grounds for appeal granted to the Commonwealth by Code § 19.2-398. 3 2 This conclusion is also consistent with analogous decisions involving Chapter 6 of Title 19.2 of the Code of Virginia, relating to “Interception of Wire or Oral Communications.” See, e.g., Wilkes v. Commonwealth, 217 Va. 885, 889-90 , 234 S.E.2d 250, 252-53 (1977) (concluding that the term “oral communication” as defined in Code § 19.2-61(2) does not include a wrongdoer’s recorded statements | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ward v. Com.
green
2 sentences2014See, e.g., Branham v. Commonwealth, 283 Va. 273 , 720 S.E.2d 74 (2012) (appellant’s granted assignment of error 7 asserted that “[t]he Court of Appeals erred when it held that the trial court properly admitted the evidence obtained as a result of the search of Mr. Branham’s person and vehicle.”); Pettaway v. Commonwealth, 2010 Va. LEXIS 157 , at *1 (Apr. 8, 2010) (granting an assignment of error stating that “[t]he Court of Appeals erred in affirming the trial court’s decision not to suppress the evidence at the conclusion of the Motion to Suppress hearing on December 12, 2007.”); Ward v. Comm 2014See, e.g., Branham v. Commonwealth, 283 Va. 273 , 720 S.E.2d 74 (2012) (appellant’s granted assignment of error 7 asserted that “[t]he Court of Appeals erred when it held that the trial court properly admitted the evidence obtained as a result of the search of Mr. Branham’s person and vehicle.”); Pettaway v. Commonwealth, 2010 Va. LEXIS 157 , at *1 (Apr. 8, 2010) (granting an assignment of error stating that “[t]he Court of Appeals erred in affirming the trial court’s decision not to suppress the evidence at the conclusion of the Motion to Suppress hearing on December 12, 2007.”); Ward v. Comm | 2 | 2014–2014 |
Conyers v. MARTIAL ARTS WORLD OF RICHMOND
green
2 sentences2014See, e.g., Paugh v. Henrico Area Mental Health & Developmental Servs., 286 Va. 85 , 87 n.1, 743 S.E.2d 277 , 278 n.1 (2013); Davis v. Commonwealth, 282 Va. 339, 339 , 717 S.E.2d 796, 796-97 (2011); Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96 , 104 n.4, 639 S.E.2d 174 , 177 n.4 (2007). 2014See, e.g., Paugh v. Henrico Area Mental Health & Developmental Servs., 286 Va. 85 , 87 n.1, 743 S.E.2d 277 , 278 n.1 (2013); Davis v. Commonwealth, 282 Va. 339, 339 , 717 S.E.2d 796, 796-97 (2011); Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96 , 104 n.4, 639 S.E.2d 174 , 177 n.4 (2007). | 2 | 2014–2014 |
Dixon v. Com.
green
2 sentences2014See, e.g., Branham v. Commonwealth, 283 Va. 273 , 720 S.E.2d 74 (2012) (appellant’s granted assignment of error 7 asserted that “[t]he Court of Appeals erred when it held that the trial court properly admitted the evidence obtained as a result of the search of Mr. Branham’s person and vehicle.”); Pettaway v. Commonwealth, 2010 Va. LEXIS 157 , at *1 (Apr. 8, 2010) (granting an assignment of error stating that “[t]he Court of Appeals erred in affirming the trial court’s decision not to suppress the evidence at the conclusion of the Motion to Suppress hearing on December 12, 2007.”); Ward v. Comm 2014See, e.g., Branham v. Commonwealth, 283 Va. 273 , 720 S.E.2d 74 (2012) (appellant’s granted assignment of error 7 asserted that “[t]he Court of Appeals erred when it held that the trial court properly admitted the evidence obtained as a result of the search of Mr. Branham’s person and vehicle.”); Pettaway v. Commonwealth, 2010 Va. LEXIS 157 , at *1 (Apr. 8, 2010) (granting an assignment of error stating that “[t]he Court of Appeals erred in affirming the trial court’s decision not to suppress the evidence at the conclusion of the Motion to Suppress hearing on December 12, 2007.”); Ward v. Comm | 2 | 2014–2014 |
Franks v. Delaware
green
1 sentence2024Carson presided over the motion to suppress hearing. 2 Franks v. Delaware, 438 U.S. 154 (1978). motion to suppress based on Rule 3A:9 as an alternative holding. | 1 | 2024–2024 |
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.