presumption against waiver in Virginia

10 Virginia opinions name it 1 courts 1986–2026 4 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 (12)

Case	Followed	Cited
Gregory A. Richardson v. Commonwealth of Virginiagreen vactapp · 2017 · cited in 2 Virginia opinions naming this issue, 2026–2026 2 sentences 2026See, e.g., Richardson v. Commonwealth, 67 Va. App. 436, 441 (2017) (“On appeal, appellant contends that he never knowingly and voluntarily waived his right to a jury trial. 2026See, e.g., Richardson v. Commonwealth, 67 Va. App. 436, 441 (2017) (“On appeal, appellant contends that he never knowingly and voluntarily waived his right to a jury trial.	2	2
Boykin v. Alabamagreen scotus · 1969 · cited in 2 Virginia opinions naming this issue, 1986–2023 2 sentences 2023Cf. Boykin, 395 U.S. at 243 (“We cannot presume a waiver of these three important federal rights from a silent record.”). 1986Taylor v. United States, 414 U.S. 17, 18 (1973); Illinois v. Allen, 397 U.S. 337, 344 (1970); Boykin v. Alabama, 395 U.S. 238, 246-47 (1969).	2	2
Sisk v. Commonwealthgreen vactapp · 1986 · cited in 2 Virginia opinions naming this issue, 1997–1998 2 sentences 1997Because of the presumption against waiver of a constitutional right, Sisk v. Commonwealth, 3 Va.App. 459, 462 , 350 S.E.2d 676, 678 (1986), a trial court must determine that a defendant’s waiver of trial by jury is voluntary, knowing and intelligent. 1997Because of the presumption against waiver of a constitutional right, Sisk v. Commonwealth, 3 Va.App. 459, 462 , 350 S.E.2d 676, 678 (1986), a trial court must determine that a defendant’s waiver of trial by jury is voluntary, knowing and intelligent.	2	2
Taylor v. United Statesgreen scotus · 1973 · cited in 2 Virginia opinions naming this issue, 1986–1995 2 sentences 1995In Head , we noted that while there is a presumption against waiver of a defendant’s right to be present at 450 trial, “[a] defendant’s voluntary absence from trial may be properly construed under the sixth amendment as a waiver of his right of confrontation.” Id. (citing Taylor v. United States, 414 U.S. 17 , 94 S.Ct. 194 , 38 L.Ed.2d 174 (1973)). 1995In Head , we noted that while there is a presumption against waiver of a defendant’s right to be present at 450 trial, “[a] defendant’s voluntary absence from trial may be properly construed under the sixth amendment as a waiver of his right of confrontation.” Id. (citing Taylor v. United States, 414 U.S. 17 , 94 S.Ct. 194 , 38 L.Ed.2d 174 (1973)).	1	2
Barlow v. Commonwealthgreen vactapp · 1998 · cited in 1 Virginia opinions naming this issue, 2026–2026 1 sentence 2026See Laney, 76 Va. App. at 165; Barlow v. Commonwealth, 26 Va. App. 421, 431 (1998).	1	1
Pittman v. Commonwealthgreen vactapp · 1990 · cited in 1 Virginia opinions naming this issue, 1998–1998 2 sentences 1998Sisk v. Commonwealth, 3 Va.App. 459, 462 , 350 S.E.2d 676, 678 (1986); Pittman v. Commonwealth, 10 Va.App. 693, 695 , 395 S.E.2d 473, 474 (1990). 1998Sisk v. Commonwealth, 3 Va.App. 459, 462 , 350 S.E.2d 676, 678 (1986); Pittman v. Commonwealth, 10 Va.App. 693, 695 , 395 S.E.2d 473, 474 (1990).	1	1
Wright v. Commonwealthgreen vactapp · 1987 · cited in 1 Virginia opinions naming this issue, 1997–1997 2 sentences 1997Rule 3A:13(b); Wright v. Commonwealth 4 Va.App. 303, 306, 357 S.E.2d 547, 549 (1987). 1997Rule 3A:13(b); Wright v. Commonwealth 4 Va.App. 303, 306, 357 S.E.2d 547, 549 (1987).	1	1
Peterson v. Commonwealthgreen vactapp · 1987 · cited in 1 Virginia opinions naming this issue, 1994–1994 2 sentences 1994Peterson v. Commonwealth, 5 Va. App. 389, 396 , 363 S.E.2d 440, 444 (1987); see Bolden v. Commonwealth, 11 Va. App. 187, 190-91 , 397 S.E.2d 534, 536 (1990), cert. denied, 502 U.S. 943 (1991). 1994Peterson v. Commonwealth, 5 Va. App. 389, 396 , 363 S.E.2d 440, 444 (1987); see Bolden v. Commonwealth, 11 Va. App. 187, 190-91 , 397 S.E.2d 534, 536 (1990), cert. denied, 502 U.S. 943 (1991).	1	1
Bolden v. Commonwealthgreen vactapp · 1990 · cited in 1 Virginia opinions naming this issue, 1994–1994 2 sentences 1994Peterson v. Commonwealth, 5 Va. App. 389, 396 , 363 S.E.2d 440, 444 (1987); see Bolden v. Commonwealth, 11 Va. App. 187, 190-91 , 397 S.E.2d 534, 536 (1990), cert. denied, 502 U.S. 943 (1991). 1994Peterson v. Commonwealth, 5 Va. App. 389, 396 , 363 S.E.2d 440, 444 (1987); see Bolden v. Commonwealth, 11 Va. App. 187, 190-91 , 397 S.E.2d 534, 536 (1990), cert. denied, 502 U.S. 943 (1991).	1	1
Southern Pacific Transportation Co. v. City of Los Angelesgreen scotus · 1991 · cited in 1 Virginia opinions naming this issue, 1994–1994 1 sentence 1994Peterson v. Commonwealth, 5 Va. App. 389, 396 , 363 S.E.2d 440, 444 (1987); see Bolden v. Commonwealth, 11 Va. App. 187, 190-91 , 397 S.E.2d 534, 536 (1990), cert. denied, 502 U.S. 943 (1991).	1	1
Johnson v. Zerbstgreen scotus · 1938 · cited in 1 Virginia opinions naming this issue, 1986–1986 1 sentence 1986While there is a presumption against the waiver of a fundamental right, Johnson v. Zerbst, 304 U.S. 458, 464 (1938), under certain circumstances, anaccused may forfeit his constitutional right to be present at his trial.	1	1
Illinois v. Allengreen scotus · 1970 · cited in 1 Virginia opinions naming this issue, 1986–1986 1 sentence 1986Taylor v. United States, 414 U.S. 17, 18 (1973); Illinois v. Allen, 397 U.S. 337, 344 (1970); Boykin v. Alabama, 395 U.S. 238, 246-47 (1969).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Hunter v. Commonwealth green vactapp · 1991 2 sentences 2026Hunter v. Commonwealth, 13 Va. App. 187 , 7 To the contrary, we have a presumption against the waiver of constitutional rights. 2026Hunter v. Commonwealth, 13 Va. App. 187 , 7 To the contrary, we have a presumption against the waiver of constitutional rights.	2	2026–2026
Head v. Commonwealth green vactapp · 1986 2 sentences 1996While there is a presumption against the waiver of a defendant's fundamental right to be present at trial, "[a] defendant's voluntary absence from trial may be properly construed under the [S]ixth [A]mendment as a waiver of his right of confrontation." Id. at 168, 348 S.E.2d at 426-27 . 1995In Head , we noted that while there is a presumption against waiver of a defendant’s right to be present at *450 trial, “[a] defendant’s voluntary absence from trial may be properly construed under the sixth amendment as a waiver of his right of confrontation.” Id. (citing Taylor v. United States, 414 U.S. 17 , 94 S.Ct. 194 , 38 L.Ed.2d 174 (1973)).	2	1995–1996
Allen v. Commonwealth green vactapp · 1998 1 sentence 2023“Moreover, the presumption against the waiver of constitutional rights forbids the relinquishment of those rights by mere silence.” Allen, 27 Va. App. at 731 .	1	2023–2023
Crosby v. United States green scotus · 1993 2 sentences 1995In Crosby v. United States, 506 U.S. 255 , 113 S.Ct. 748 , 122 L.Ed.2d 25 (1993), the Supreme Court of the United States recognized the distinction between pretrial and midtrial flight of a criminal defendant and its impact on the state’s interest in proceeding with the prosecution of a defendant in his absence. 1995In Crosby v. United States, 506 U.S. 255 , 113 S.Ct. 748 , 122 L.Ed.2d 25 (1993), the Supreme Court of the United States recognized the distinction between pretrial and midtrial flight of a criminal defendant and its impact on the state’s interest in proceeding with the prosecution of a defendant in his absence.	1	1995–1995

Where else courts name it

TX 34 (1983–2026) NY 26 (1964–2022) NM 25 (1982–2025) WA 20 (1974–2025) OH 20 (1970–2023) AL 16 (1984–2013) LA 15 (1984–2021) NJ 14 (1970–2025) UT 13 (1993–2021) NC 13 (1931–2014) ID 11 (1967–2025) IL 10 (1988–2025) VA 10 (1986–2026) GA 9 (1970–2024) MO 8 (1982–2008) CA 8 (1966–2017) CT 7 (1921–2025) MI 7 (1969–2022) IN 6 (1982–2017) KY 5 (2010–2025) TN 4 (1997–2026) MD 4 (1901–1993) MA 4 (1979–2011) MS 3 (2010–2013) PA 3 (1970–2019) VI 2 (2016–2017) WI 2 (1915–2022) NH 2 (2014–2018) MT 2 (1988–2003) FL 2 (2005–2015)

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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