performance doctrine (Virginia) · Go Syfert
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performance doctrine in Virginia

9 Virginia opinions name it 5 courts 1969–2018 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.

Followed or applied (2)

CaseFollowedCited
Bullcoming v. New Mexicogreen
scotus · 2011 · cited in 5 Virginia opinions naming this issue, 2012–2018
2 sentences

2018Two years later, the United States Supreme Court addressed whether a certificate of analysis could be admissible if the testifying analyst “did not sign the certification or personally perform or observe the performance of the test reported in the certification.” See Bullcoming v. New Mexico, 564 U.S. 647, 657 (2011).

2012It is true that the individual who provided in-court testimony in Bullcoming “did not sign the certification or personally perform or observe the performance of the test reported in the certification.” Id.

35
Williams v. Warden of Mecklenburg Correctional Centergreen
va · 1997 · cited in 1 Virginia opinions naming this issue, 2014–2014
2 sentences

2014At the evidentiary hearing on the habeas petition, the trial court concluded that “the performance of defense counsel, in the main, during the penalty phase proceedings did not warrant habeas relief.” Williams v. Warden of the Mecklenberg Correctional Center, 254 Va. 16, 21 (1997).

2014(I will refer to the Virginia case as Williams-Warden to distinguish this case from the Williams case decided by the United States Supreme Court.) Nevertheless, observing that there was little evidence presented regarding mitigation (and the habeas petition indicated that there was a wealth of it that should have been presented) or of evidence that, in structured settings, the defendant’s conduct was good, the trial court finally commented that “it is troubling ... that favorable evidence was not pursued and introduced for ‘whatever it was worth’ when the decision which was to be made by the j

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Hart v. Barron green
mont · 1949
2 sentences

2005The doctrine of substantial performance does not apply, and no title passes prior to full performance of the terms of the escrow agreement."); Watts v. Mohr, 86 Cal.App.2d 256 , 194 P.2d 758 , 761 (1948) (refusing to apply substantial performance and to order release of funds from escrow where one party had failed to deliver timely to escrow agent a $6000 note and deed of trust to complete real estate transaction); Taft v. Taft, 59 Mich. 185 , 26 N.W. 426 , 430 (1886) (holding: "performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantia

2005The doctrine of substantial performance does not apply, and no title passes prior to full performance of the terms of the escrow agreement."); Watts v. Mohr, 86 Cal.App.2d 256 , 194 P.2d 758 , 761 (1948) (refusing to apply substantial performance and to order release of funds from escrow where one party had failed to deliver timely to escrow agent a $6000 note and deed of trust to complete real estate transaction); Taft v. Taft, 59 Mich. 185 , 26 N.W. 426 , 430 (1886) (holding: "performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantia

12005–2005
Taft v. Taft green
mich · 1886
2 sentences

2005The doctrine of substantial performance does not apply, and no title passes prior to full performance of the terms of the escrow agreement."); Watts v. Mohr, 86 Cal.App.2d 256 , 194 P.2d 758 , 761 (1948) (refusing to apply substantial performance and to order release of funds from escrow where one party had failed to deliver timely to escrow agent a $6000 note and deed of trust to complete real estate transaction); Taft v. Taft, 59 Mich. 185 , 26 N.W. 426 , 430 (1886) (holding: "performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantia

2005The doctrine of substantial performance does not apply, and no title passes prior to full performance of the terms of the escrow agreement."); Watts v. Mohr, 86 Cal.App.2d 256 , 194 P.2d 758 , 761 (1948) (refusing to apply substantial performance and to order release of funds from escrow where one party had failed to deliver timely to escrow agent a $6000 note and deed of trust to complete real estate transaction); Taft v. Taft, 59 Mich. 185 , 26 N.W. 426 , 430 (1886) (holding: "performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantia

12005–2005
Valentine Oil Co. v. Powers green
neb · 1953
2 sentences

2005The doctrine of substantial performance does not apply, and no title passes prior to full performance of the terms of the escrow agreement."); Watts v. Mohr, 86 Cal.App.2d 256 , 194 P.2d 758 , 761 (1948) (refusing to apply substantial performance and to order release of funds from escrow where one party had failed to deliver timely to escrow agent a $6000 note and deed of trust to complete real estate transaction); Taft v. Taft, 59 Mich. 185 , 26 N.W. 426 , 430 (1886) (holding: "performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantia

2005The doctrine of substantial performance does not apply, and no title passes prior to full performance of the terms of the escrow agreement."); Watts v. Mohr, 86 Cal.App.2d 256 , 194 P.2d 758 , 761 (1948) (refusing to apply substantial performance and to order release of funds from escrow where one party had failed to deliver timely to escrow agent a $6000 note and deed of trust to complete real estate transaction); Taft v. Taft, 59 Mich. 185 , 26 N.W. 426 , 430 (1886) (holding: "performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantia

12005–2005
Watts v. Mohr green
calctapp · 1948
2 sentences

2005The doctrine of substantial performance does not apply, and no title passes prior to full performance of the terms of the escrow agreement."); Watts v. Mohr, 86 Cal.App.2d 256 , 194 P.2d 758 , 761 (1948) (refusing to apply substantial performance and to order release of funds from escrow where one party had failed to deliver timely to escrow agent a $6000 note and deed of trust to complete real estate transaction); Taft v. Taft, 59 Mich. 185 , 26 N.W. 426 , 430 (1886) (holding: "performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantia

2005The doctrine of substantial performance does not apply, and no title passes prior to full performance of the terms of the escrow agreement."); Watts v. Mohr, 86 Cal.App.2d 256 , 194 P.2d 758 , 761 (1948) (refusing to apply substantial performance and to order release of funds from escrow where one party had failed to deliver timely to escrow agent a $6000 note and deed of trust to complete real estate transaction); Taft v. Taft, 59 Mich. 185 , 26 N.W. 426 , 430 (1886) (holding: "performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantia

12005–2005
Strickland v. Washington green
scotus · 1984
1 sentence

2002In addition, under the Strickland standard, “the performance inquiry must be whether counsel’s assistance was reasonable considering all the circumstances.” Strickland, 466 U.S. at 688 .

12002–2002
Bell v. Routh Robbins Real Estate Corp. green
va · 1966
1 sentence

1969And it matters not whether such profit or advantage be the result of the performance or the violation of the duty of the agent if it be the fruit of the agency." On behalf of the plaintiff the case of Bell v. Real Estate Corp, 206 Va. 853 (1966), is cited.

11969–1969

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-103 (3)

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.

Where else courts name it

OH 352 (1986–2026) TX 203 (1961–2026) KS 84 (1990–2025) IL 62 (1891–2025) CT 58 (1909–2025) CA 58 (1919–2026) NY 53 (1903–2026) MS 48 (1988–2022) AL 36 (1975–2023) FL 35 (1963–2026) PA 32 (1912–2025) MI 32 (1920–2025) UT 30 (1982–2026) MD 24 (1884–2025) RI 23 (1970–2026) IN 21 (1894–2023) GA 20 (1977–2025) OR 16 (1929–2026) MT 15 (1944–2020) TN 14 (1915–2026) MO 14 (1975–2025) WA 14 (1924–2026) NJ 11 (1961–2023) IA 10 (1909–2025) WY 10 (1926–2026) DC 10 (1985–2024) MN 10 (1905–2007) WI 10 (1965–2024) NM 10 (1986–2023) VA 9 (1969–2018) NC 9 (1984–2022) SC 9 (1981–2025) KY 9 (1924–2022) MA 8 (1978–2024) AZ 8 (1966–2023) DE 8 (1999–2026) CO 8 (1940–2025) NE 7 (1894–2022) ND 6 (1974–2016) ME 5 (1947–2011) VT 5 (1972–2024) OK 4 (1937–2007) LA 4 (1895–2026) SD 4 (2005–2023) WV 4 (1995–2015) ID 3 (2009–2026) HI 2 (1967–2024) AR 2 (1989–1996) AK 2 (1970–2021) NV 2 (1950–2015) NH 2 (1988–1997)

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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