three part test (Virginia) · Go Syfert
← Virginia issues

three part test in Virginia

9 Virginia opinions name it 6 courts 1986–2025 1 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 (4)

CaseFollowedCited
United States Court of Appeals, Fourth Circuitgreen
ca4 · 1986 · cited in 2 Virginia opinions naming this issue, 1994–2001
2 sentences

2001The Court believes it is appropriate to follow the three part test set forth by the Fourth Circuit in LaRouche v. National Broadcasting Co., 780 F.2d 1134, 1139 (4th Cir. 1986); see also, Stickles v. General Rental Co., 750 F. Supp. 729, 731 (E.D.

1994LaRouche v. National Broadcasting Co., 780 F.2d 1134, 1139 (4th Cir. 1986) (citing Miller v. Transamerican Press, Inc., supra).

22
Quinn v. Commonwealthgreen
vactapp · 1997 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Quinn, 25 Va. App. at 710 (“If the interrogation continues without the presence of an attorney, the defendant’s statement is inadmissible unless the Commonwealth proves by a preponderance of the evidence that the defendant voluntarily, knowingly, and intelligently waived his right to retained or appointed counsel.” (citing Edwards, 451 U.S. at 482 )). - 11 - counsel.

11
Edwards v. Arizonagreen
scotus · 1981 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Quinn, 25 Va. App. at 710 (“If the interrogation continues without the presence of an attorney, the defendant’s statement is inadmissible unless the Commonwealth proves by a preponderance of the evidence that the defendant voluntarily, knowingly, and intelligently waived his right to retained or appointed counsel.” (citing Edwards, 451 U.S. at 482 )). - 11 - counsel.

11
Stickels v. General Rental Co., Inc.green
vaed · 1990 · cited in 1 Virginia opinions naming this issue, 2001–2001
1 sentence

2001The Court believes it is appropriate to follow the three part test set forth by the Fourth Circuit in LaRouche v. National Broadcasting Co., 780 F.2d 1134, 1139 (4th Cir. 1986); see also, Stickles v. General Rental Co., 750 F. Supp. 729, 731 (E.D.

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 (10)

CaseCitedYears
Ake v. Oklahoma green
scotus · 1985
2 sentences

2006The trial court entered orders allowing Juniper to retain Wayne Kennedy as a special investigator for the defense, and appointing Dr. Thomas A. Pasquale, Ph.D., as a mental health expert "to assist defense counsel in the preparation and presentation of information concerning the defendant's history, character, or mental condition." Ake v. Oklahoma, 470 U.S. 68 , 77, 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985), established a three part test to determine when the Constitution requires that certain expert assistance be provided an indigent defendant.

2006The trial court entered orders allowing Juniper to retain Wayne Kennedy as a special investigator for the defense, and appointing Dr. Thomas A. Pasquale, Ph.D., as a mental health expert "to assist defense counsel in the preparation and presentation of information concerning the defendant's history, character, or mental condition." Ake v. Oklahoma, 470 U.S. 68 , 77, 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985), established a three part test to determine when the Constitution requires that certain expert assistance be provided an indigent defendant.

12006–2006
Murray W. (Dusty) Miller v. Transamerican Press, Inc., Transamerican Press of Texas, Inc. And Mike Parkhurst green
ca5 · 1980
1 sentence

2004To aid in balancing those interests, the Fourth Circuit adopted a three part test: “(1) whether the information is relevant, (2) whether the information can be obtained by alternative means, and (3) whether there is a compelling interest in the information.” Id. (citing Miller v. Transamerican Press, Inc., 621 F.2d 721 (5th Cir. 1980)).

12004–2004
In Re Andrew Shain Sid Gaulden Cindi Ross Scoppe Schuyler Kropf, United States of America v. Jefferson Marion Long, Jr., A/K/A \Bud\" Long" green
ca4 · 1992
1 sentence

2004In 1992, the Fourth Circuit once again assessed the meaning of Branzburg in In re Shain, 978 F.2d 850 (4th Cir. 1992).

12004–2004
Zachary v. Wilk green
scotus · 1986
1 sentence

2004To aid in balancing those interests, the Fourth Circuit adopted a three part test: “(1) whether the information is relevant, (2) whether the information can be obtained by alternative means, and (3) whether there is a compelling interest in the information.” Id. (citing Miller v. Transamerican Press, Inc., 621 F.2d 721 (5th Cir. 1980)).

12004–2004
Danville Holding Corp. v. Clement green
va · 1941
2 sentences

1999Whether a structure, such as a sign, is owned by the person who erected the structure or becomes part of the realty and thus owned by the landowner is determined either by an agreement establishing the nature and ownership of the property or by applying a three part test found in Danville Holding Corp. v. Clement, 178 Va. 223 , 16 S.E.2d 345 (1941).

1999Whether a structure, such as a sign, is owned by the person who erected the structure or becomes part of the realty and thus owned by the landowner is determined either by an agreement establishing the nature and ownership of the property or by applying a three part test found in Danville Holding Corp. v. Clement, 178 Va. 223 , 16 S.E.2d 345 (1941).

11999–1999
Adams Outdoor Advertising Ltd. Partnership v. Long green
va · 1997
2 sentences

1999Adams Outdoor Advertising Limited Partnership v. Long, 253 Va. 206 , 483 S.E.2d 224 (1997).

1999Adams Outdoor Advertising Limited Partnership v. Long, 253 Va. 206 , 483 S.E.2d 224 (1997).

11999–1999
Johnson v. Commonwealth green
vactapp · 1986
2 sentences

1995In Johnson v. Commonwealth, 2 Va. App. 447 , 345 S.E.2d 303 (1986), this Court adopted a three part test to determine the admissibility of "mug shots." To be admissible, each of the following three conditions must be met: (1) The Government must have a demonstrable need to introduce the photographs; (2) The photographs themselves, if shown to the jury, must not imply that the defendant has a prior criminal record; and -11- (3) The manner of introduction at trial must be such that it does not draw particular attention to the source or implications of the photographs.

1995In Johnson v. Commonwealth, 2 Va. App. 447 , 345 S.E.2d 303 (1986), this Court adopted a three part test to determine the admissibility of "mug shots." To be admissible, each of the following three conditions must be met: (1) The Government must have a demonstrable need to introduce the photographs; (2) The photographs themselves, if shown to the jury, must not imply that the defendant has a prior criminal record; and -11- (3) The manner of introduction at trial must be such that it does not draw particular attention to the source or implications of the photographs.

11995–1995
Crosby v. Commonwealth green
vactapp · 1988
2 sentences

1992Crosby, 6 Va.App. at 201 , 367 S.E.2d at 735 . [11] The reasonable inference to be drawn from the testimony of the officer who drove the van is that his van was several vehicles behind Quigley until after she ran the stop sign and turned onto Midlothian Turnpike.

1992Crosby, 6 Va.App. at 201 , 367 S.E.2d at 735 . [11] The reasonable inference to be drawn from the testimony of the officer who drove the van is that his van was several vehicles behind Quigley until after she ran the stop sign and turned onto Midlothian Turnpike.

11992–1992
Redd v. Commonwealth green
kyctapp · 1979
1 sentence

1986Redd, 591 S.W. 2d at 708-09 . *455 Of like import is Sloane v. State, 437 So.2d 16 (Miss. 1983).

11986–1986
Sloane v. State green
miss · 1983
1 sentence

1986Redd, 591 S.W. 2d at 708-09 . *455 Of like import is Sloane v. State, 437 So.2d 16 (Miss. 1983).

11986–1986

Where else courts name it

CT 114 (1981–2025) TX 80 (1974–2024) PA 64 (1975–2025) OH 47 (1991–2026) WA 33 (2003–2024) ID 30 (1996–2020) MT 26 (1973–2020) MD 22 (1990–2022) IN 20 (1983–2017) MS 20 (1987–2022) LA 19 (1976–2015) NJ 19 (1978–2020) MO 16 (1979–2025) FL 15 (1982–2023) MI 14 (1990–2025) CA 13 (1975–2023) AZ 12 (1982–2023) VA 9 (1986–2025) TN 9 (1994–2024) NC 8 (1992–2024) DE 8 (1984–2025) CO 8 (1983–2025) OK 8 (1985–2013) IL 7 (1998–2021) SD 6 (1992–2006) HI 5 (2008–2013) DC 5 (1980–2024) MN 5 (1985–2015) OR 4 (1983–2022) NM 4 (2000–2025) WI 4 (1980–2023) IA 4 (1976–2020) KY 4 (1993–2025) NY 4 (1999–2008) SC 4 (1997–2024) GA 4 (1995–2025) WY 4 (2005–2016) ME 3 (1995–2012) NE 3 (2013–2022) RI 2 (1995–2005) UT 2 (2010–2025) WV 2 (1989–2003) MA 2 (1999–2020)

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.

← Caselaw search · G Cite Topics · Brief Check