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9 Virginia opinions name it 2 courts 1980–2016 0 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 |
|---|---|---|
Berry v. County of Henricogreen2 sentences2013See Berry v. County of Henrico, 219 Va. 259, 264-65 , 247 S.E.2d 389, 392 (1978) (in creating a statutory presumption in favor of employee, “the General Assembly intended the presumption to apply in those instances where an [employment] examination ... fails to make a positive finding of the disease which subsequently brings about the disability or death of the fire fighter” (emphasis added)). 2013See Berry v. County of Henrico, 219 Va. 259, 264-65 , 247 S.E.2d 389, 392 (1978) (in creating a statutory presumption in favor of employee, “the General Assembly intended the presumption to apply in those instances where an [employment] examination ... fails to make a positive finding of the disease which subsequently brings about the disability or death of the fire fighter” (emphasis added)). | 2 | 5 |
Ragan v. Woodcroft Village Apartmentsgreen2 sentences2005The Commonwealth argues, however, that a literal reading of the statute “potentially would extend a trial court’s jurisdiction for several decades.” Citing Ragan v. Woodcroft Village Apartments, 255 Va. 322, 327-28 , 497 S.E.2d 740, 743 (1998), the Commonwealth also argues that the trial judge’s inability to order a prisoner’s transfer from the place of his federal confinement to the state court for a hearing renders a literal reading of the statute “a vain and useless thing.” Thus, the Commonwealth contends that the General Assembly intended the exception to apply only to persons confined in 2005The Commonwealth argues, however, that a literal reading of the statute “potentially would extend a trial court’s jurisdiction for several decades.” Citing Ragan v. Woodcroft Village Apartments, 255 Va. 322, 327-28 , 497 S.E.2d 740, 743 (1998), the Commonwealth also argues that the trial judge’s inability to order a prisoner’s transfer from the place of his federal confinement to the state court for a hearing renders a literal reading of the statute “a vain and useless thing.” Thus, the Commonwealth contends that the General Assembly intended the exception to apply only to persons confined in | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Moore v. Commonwealth
green
2 sentences2016Moore v. Commonwealth, 218 Va. 388 , 394, 237 S.E.2d 187 , 192 (1977) (had the General Assembly intended to bar the bringing of an indictment after a finding of no probable cause by a district court, it could have easily so provided). 5 In sum, we conclude the circuit court did not err in denying Herrington's motion to quash the indictment. 2016Moore v. Commonwealth, 218 Va. 388 , 394, 237 S.E.2d 187 , 192 (1977) (had the General Assembly intended to bar the bringing of an indictment after a finding of no probable cause by a district court, it could have easily so provided). 5 In sum, we conclude the circuit court did not err in denying Herrington's motion to quash the indictment. | 1 | 2016–2016 |
Evans v. Evans
green
2 sentences2015Nevertheless, to the extent that Code § 65.2-105 is “‘subject to more than one interpretation, we must apply the interpretation that will carry out the legislative intent behind the statute.’” Scott, 58 Va. App. at 48 , 707 S.E.2d at 24 (quoting Evans, 280 Va. at 82 , 695 S.E.2d at 176 ). 2015Nevertheless, to the extent that Code § 65.2-105 is “‘subject to more than one interpretation, we must apply the interpretation that will carry out the legislative intent behind the statute.’” Scott, 58 Va. App. at 48 , 707 S.E.2d at 24 (quoting Evans, 280 Va. at 82 , 695 S.E.2d at 176 ). | 1 | 2015–2015 |
Scott v. Commonwealth
green
2 sentences2015Nevertheless, to the extent that Code § 65.2-105 is “‘subject to more than one interpretation, we must apply the interpretation that will carry out the legislative intent behind the statute.’” Scott, 58 Va. App. at 48 , 707 S.E.2d at 24 (quoting Evans, 280 Va. at 82 , 695 S.E.2d at 176 ). 2015Nevertheless, to the extent that Code § 65.2-105 is “‘subject to more than one interpretation, we must apply the interpretation that will carry out the legislative intent behind the statute.’” Scott, 58 Va. App. at 48 , 707 S.E.2d at 24 (quoting Evans, 280 Va. at 82 , 695 S.E.2d at 176 ). | 1 | 2015–2015 |
Garrison v. PRINCE WILLIAM CTY. BD. OF SUP'RS
green
2 sentences2008This Court disagreed and held: "we think it clear that the General Assembly intended the presumption to apply in those instances where an examination conducted under the direction and control of the employer fails to make a positive finding of the disease which subsequently brings about the disability or death. " Id. at 264-65 , 247 S.E.2d at 392 (emphasis added). *509 We reiterated this holding in Garrison v. Prince William County, 220 Va. 913 , 265 S.E.2d 687 (1980). 2008We reversed and applied our reasoning in Berry "that `the General Assembly intended the presumption . . . to apply in those instances where an examination conducted under the direction and control of the employer fails to make a positive finding of the disease which subsequently brings about the disability or death' of a claimant." Id. at 919, 265 S.E.2d at 691 . | 1 | 2008–2008 |
Garrison v. Prince William County Board of Supervisors
green
1 sentence2008This Court disagreed and held: "we think it clear that the General Assembly intended the presumption to apply in those instances where an examination conducted under the direction and control of the employer fails to make a positive finding of the disease which subsequently brings about the disability or death. " Id. at 264-65 , 247 S.E.2d at 392 (emphasis added). *509 We reiterated this holding in Garrison v. Prince William County, 220 Va. 913 , 265 S.E.2d 687 (1980). | 1 | 2008–2008 |
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.