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8 Virginia opinions name it 2 courts 1998–2024 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.
| Case | Followed | Cited |
|---|---|---|
Brooks v. Commonwealthgreen2 sentences2023An important distinction exists, however, between “authentication” and “admissibility.” The former “is a necessary but not a sufficient prerequisite to the admission of the evidence.” Id.; see also Brooks v. Commonwealth, 15 Va. App. 407, 410 (1992) (holding that the party offering the evidence must authenticate it before asking the court to admit it into evidence). 2022We have held that the authentication requirement had been met where the evidence showed that the videotape the Commonwealth sought to introduce “included an on-screen display of the passage of time in seconds and that the tabs which allow alteration of the tape had been removed” and “police officers identified the voice [in the video] as appellant’s . . . .” Brooks v. Commonwealth, 15 Va. App. 407, 410-11 (1992). | 3 | 3 |
Commonwealth v. Swann (ORDER)green2 sentences2017Commonwealth v. Swann, 290 Va. 194, 197 , 776 S.E.2d 265, 268 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 , 685 S.E.2d 634, 644 (2009)). “[B]y definition,” however, a trial court “abuses its discretion when it makes an error of law.” Coffman v. Commonwealth, 67 Va. App. 163, 166 , 795 S.E.2d 178, 179 (2017) (quoting Commonwealth v. Greer, 63 Va. App. 561, 568 , 760 S.E.2d 132, 135 (2014)). 7 Consistent with his brief, the appellant confirmed at oral argument that the sole issues on appeal are the adequacy of the foundation for admission of the tweet and text messages and whether 2017Commonwealth v. Swann, 290 Va. 194, 197 , 776 S.E.2d 265, 268 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 , 685 S.E.2d 634, 644 (2009)). “[B]y definition,” however, a trial court “abuses its discretion when it makes an error of law.” Coffman v. Commonwealth, 67 Va. App. 163, 166 , 795 S.E.2d 178, 179 (2017) (quoting Commonwealth v. Greer, 63 Va. App. 561, 568 , 760 S.E.2d 132, 135 (2014)). 7 Consistent with his brief, the appellant confirmed at oral argument that the sole issues on appeal are the adequacy of the foundation for admission of the tweet and text messages and whether | 2 | 2 |
Michael Scott Coffman v. Commonwealth of Virginiagreen2 sentences2017Commonwealth v. Swann, 290 Va. 194, 197 , 776 S.E.2d 265, 268 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 , 685 S.E.2d 634, 644 (2009)). “[B]y definition,” however, a trial court “abuses its discretion when it makes an error of law.” Coffman v. Commonwealth, 67 Va. App. 163, 166 , 795 S.E.2d 178, 179 (2017) (quoting Commonwealth v. Greer, 63 Va. App. 561, 568 , 760 S.E.2d 132, 135 (2014)). 7 Consistent with his brief, the appellant confirmed at oral argument that the sole issues on appeal are the adequacy of the foundation for admission of the tweet and text messages and whether 2017Commonwealth v. Swann, 290 Va. 194, 197 , 776 S.E.2d 265, 268 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 , 685 S.E.2d 634, 644 (2009)). “[B]y definition,” however, a trial court “abuses its discretion when it makes an error of law.” Coffman v. Commonwealth, 67 Va. App. 163, 166 , 795 S.E.2d 178, 179 (2017) (quoting Commonwealth v. Greer, 63 Va. App. 561, 568 , 760 S.E.2d 132, 135 (2014)). 7 Consistent with his brief, the appellant confirmed at oral argument that the sole issues on appeal are the adequacy of the foundation for admission of the tweet and text messages and whether | 2 | 2 |
Grattan v. Com.green2 sentences2017Commonwealth v. Swann, 290 Va. 194, 197 , 776 S.E.2d 265, 268 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 , 685 S.E.2d 634, 644 (2009)). “[B]y definition,” however, a trial court “abuses its discretion when it makes an error of law.” Coffman v. Commonwealth, 67 Va. App. 163, 166 , 795 S.E.2d 178, 179 (2017) (quoting Commonwealth v. Greer, 63 Va. App. 561, 568 , 760 S.E.2d 132, 135 (2014)). 7 Consistent with his brief, the appellant confirmed at oral argument that the sole issues on appeal are the adequacy of the foundation for admission of the tweet and text messages and whether 2017Commonwealth v. Swann, 290 Va. 194, 197 , 776 S.E.2d 265, 268 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 , 685 S.E.2d 634, 644 (2009)). “[B]y definition,” however, a trial court “abuses its discretion when it makes an error of law.” Coffman v. Commonwealth, 67 Va. App. 163, 166 , 795 S.E.2d 178, 179 (2017) (quoting Commonwealth v. Greer, 63 Va. App. 561, 568 , 760 S.E.2d 132, 135 (2014)). 7 Consistent with his brief, the appellant confirmed at oral argument that the sole issues on appeal are the adequacy of the foundation for admission of the tweet and text messages and whether | 2 | 2 |
Commonwealth of Virginia v. Rayshawn Torrell Greergreen2 sentences2017Commonwealth v. Swann, 290 Va. 194, 197 , 776 S.E.2d 265, 268 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 , 685 S.E.2d 634, 644 (2009)). “[B]y definition,” however, a trial court “abuses its discretion when it makes an error of law.” Coffman v. Commonwealth, 67 Va. App. 163, 166 , 795 S.E.2d 178, 179 (2017) (quoting Commonwealth v. Greer, 63 Va. App. 561, 568 , 760 S.E.2d 132, 135 (2014)). 7 Consistent with his brief, the appellant confirmed at oral argument that the sole issues on appeal are the adequacy of the foundation for admission of the tweet and text messages and whether 2017Commonwealth v. Swann, 290 Va. 194, 197 , 776 S.E.2d 265, 268 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 , 685 S.E.2d 634, 644 (2009)). “[B]y definition,” however, a trial court “abuses its discretion when it makes an error of law.” Coffman v. Commonwealth, 67 Va. App. 163, 166 , 795 S.E.2d 178, 179 (2017) (quoting Commonwealth v. Greer, 63 Va. App. 561, 568 , 760 S.E.2d 132, 135 (2014)). 7 Consistent with his brief, the appellant confirmed at oral argument that the sole issues on appeal are the adequacy of the foundation for admission of the tweet and text messages and whether | 2 | 2 |
Commonwealth v. Whitegreen1 sentence2019Despite the merits of Spruill’s arguments regarding authentication and the business- records exception to the hearsay rule, we search in this case and in all cases for “the best and narrowest grounds available” for decision, Commonwealth v. White, 293 Va. 411, 419 (2017) (citation omitted). | 1 | 1 |
Ingram v. Commonwealthgreen2 sentences1998We therefore hold that the date stamp was sufficiently “authenticated and certified” to satisfy the requirements of the statute. 1 Because the date stamp met the authentication requirement of the statute, it fell within the judicial records exception to the hearsay rule, and “shall be received as prima facie evidence.” Code § 8.01-389; cf Ingram, 1 Va.App. at 340 , 338 S.E.2d at 659 (explaining that Code § 8.01-389 codifies the official records exception to the hearsay rule). 1998We therefore hold that the date stamp was sufficiently “authenticated and certified” to satisfy the requirements of the statute. 1 Because the date stamp met the authentication requirement of the statute, it fell within the judicial records exception to the hearsay rule, and “shall be received as prima facie evidence.” Code § 8.01-389; cf Ingram, 1 Va.App. at 340 , 338 S.E.2d at 659 (explaining that Code § 8.01-389 codifies the official records exception to the hearsay rule). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ferguson v. Commonwealth
green
1 sentence2024Focusing the authentication inquiry on one discrete moment is too narrow to bear on the genuineness of the video as a whole, especially so because “no human is capable of swearing that he personally perceived what a photograph [or video] purports to portray.” Ferguson, 212 Va. at 746 . | 1 | 2024–2024 |
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.