10 Virginia opinions name it 3 courts 1903–2024 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.
| Case | Followed | Cited |
|---|---|---|
Martin v. Phillipsgreen2 sentences2024“A presumption is a rule of law that compels the fact finder to draw a certain conclusion or a certain inference from a given set of facts.” Parson v. Miller, 296 Va. 509 , 524 (2018) (quoting Martin v. Phillips, 235 Va. 523, 526 (1988)). “[W]here the facts which are required to give rise to the presumption are proven, the presumption must be applied (the presumed fact must be assumed to have been proven) until evidence sufficient to overcome the presumption and prove the contrary shall have been introduced.” Kiddell v. Labowitz, 284 Va. 611 , 622 (2012) (quoting Simpson v. Simpson, 162 Va. 62 2012See Martin v. Phillips, 235 Va. 523, 526 , 369 S.E.2d 397, 399 (1988) ("A presumption is a rule of law . . . ."). | 3 | 4 |
Simpson v. Simpsongreen2 sentences2024“A presumption is a rule of law that compels the fact finder to draw a certain conclusion or a certain inference from a given set of facts.” Parson v. Miller, 296 Va. 509 , 524 (2018) (quoting Martin v. Phillips, 235 Va. 523, 526 (1988)). “[W]here the facts which are required to give rise to the presumption are proven, the presumption must be applied (the presumed fact must be assumed to have been proven) until evidence sufficient to overcome the presumption and prove the contrary shall have been introduced.” Kiddell v. Labowitz, 284 Va. 611 , 622 (2012) (quoting Simpson v. Simpson, 162 Va. 62 1997“A presumption is a rule of law that compels the fact finder to draw a certain conclusion ... from a given set of facts.” Martin v. Phillips, 235 Va. 523, 526 , 369 S.E.2d 397, 399 (1988) (citing Simpson v. Simpson, 162 Va. 621, 641-42 , 175 S.E. 320, 329 (1934)). | 3 | 3 |
Thomas v. Commonwealthgreen1 sentence2024The circuit court properly made a finding on the record that appellant’s waiver was knowing, voluntary, and intelligent on February 21; it reincorporated that finding on July 30 by accepting appellant’s waiver “as it did in the past.” See Thomas, 260 Va. at 560 (noting that it is the trial judge’s duty to determine, on the record, whether a waiver of the right to counsel “is voluntarily and intelligently made” (quoting Church, 230 Va. at 215 )). | 1 | 1 |
Caldwell v. Commonwealthgreen2 sentences1999If a curative instruction was not given, the presumption is that the error was prejudicial “‘unless it plainly appears that it could not have affected the result.’” Id. (quoting Caldwell v. Commonwealth, 221 Va. 291, 296 , 269 S.E.2d 811, 814 (1980)). 1999If a curative instruction was not given, the presumption is that the error was prejudicial “‘unless it plainly appears that it could not have affected the result.’” Id. (quoting Caldwell v. Commonwealth, 221 Va. 291, 296 , 269 S.E.2d 811, 814 (1980)). | 1 | 1 |
Gratton Earl Moore v. United Statesgreen1 sentence1971See Moore v. United States, 432 F. 2d 730 (3rd Cir. 1970) and Davis v. Peyton, 211 Va. 525 , 178 S.E.2d 679 (1971) this day decided. | 1 | 1 |
Davis v. Peytongreen2 sentences1971See Moore v. United States, 432 F. 2d 730 (3rd Cir. 1970) and Davis v. Peyton, 211 Va. 525 , 178 S.E.2d 679 (1971) this day decided. 1971See Moore v. United States, 432 F. 2d 730 (3rd Cir. 1970) and Davis v. Peyton, 211 Va. 525 , 178 S.E.2d 679 (1971) this day decided. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Church v. Commonwealth
green
1 sentence2024The circuit court properly made a finding on the record that appellant’s waiver was knowing, voluntary, and intelligent on February 21; it reincorporated that finding on July 30 by accepting appellant’s waiver “as it did in the past.” See Thomas, 260 Va. at 560 (noting that it is the trial judge’s duty to determine, on the record, whether a waiver of the right to counsel “is voluntarily and intelligently made” (quoting Church, 230 Va. at 215 )). | 1 | 2024–2024 |
Lavinder v. Commonwealth
green
1 sentence1999If a curative instruction was not given, the presumption is that the error was prejudicial “‘unless it plainly appears that it could not have affected the result.’” Id. (quoting Caldwell v. Commonwealth, 221 Va. 291, 296 , 269 S.E.2d 811, 814 (1980)). | 1 | 1999–1999 |
Frye v. Commonwealth
green
2 sentences1990Frye v. Commonwealth, 231 Va. 370, 378 , 345 S.E.2d 267 (1986). 1990Frye v. Commonwealth, 231 Va. 370, 378 , 345 S.E.2d 267 (1986). | 1 | 1990–1990 |
Hansbrough v. Stinnett
neutral
1 sentence1903Hansbrough v. Stinnett, 22 Gratt. 593 .” It follows, therefore, that when the claim asserted is of amount sufficient to confer jurisdiction upon this court, and it is not made to appear that the claim is merely colorable, we are not warranted in saying, as a matter of law, that the $45 claimed for the loss of the use of the horses killed, and as a part of the total demand made of $500 as damages, is not recoverable; the presumption being that the claim is made in good faith, and the right to its recovery is to be determined from the facts proven. | 1 | 1903–1903 |
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.