8 Virginia opinions name it 2 courts 1977–2023 2 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 |
|---|---|---|
Breeden v. Commonwealthgreen2 sentences2008This Court interpreted the language in the amended statute to give the driver “a statutory *236 right to choose one of the two tests.” Breeden v. Commonwealth, 15 Va.App. 148, 150 , 421 S.E.2d 674, 675 (1992). 2008This Court interpreted the language in the amended statute to give the driver “a statutory *236 right to choose one of the two tests.” Breeden v. Commonwealth, 15 Va.App. 148, 150 , 421 S.E.2d 674, 675 (1992). | 3 | 3 |
Justus v. Com.green2 sentences2013Justus, 274 Va. at 154 , 645 S.E.2d at 289 (“the motion [to withdraw the guilty plea] should be granted even if the guilty plea was merely entered ‘inadvisedly’when the evidence supporting the motion shows that there is a reasonable defense to be presented to the judge or jury trying the case” (emphasis added)). 6 Otherwise, a defendant could plead guilty with full knowledge of an available defense to gain delay or for some other tactical reason, and then set the plea aside simply by tendering a defense to the charges. 2013Justus, 274 Va. at 154 , 645 S.E.2d at 289 (“the motion [to withdraw the guilty plea] should be granted even if the guilty plea was merely entered ‘inadvisedly’when the evidence supporting the motion shows that there is a reasonable defense to be presented to the judge or jury trying the case” (emphasis added)). 6 Otherwise, a defendant could plead guilty with full knowledge of an available defense to gain delay or for some other tactical reason, and then set the plea aside simply by tendering a defense to the charges. | 2 | 2 |
Lashon Marcay Pritchett v. Commonwealth of Virginiagreen1 sentence2022Pritchett v. Commonwealth, 61 Va. App. 777, 788 (2013) (“a defendant could plead guilty with full knowledge of an available defense to gain delay or for some other tactical reason, and then set the plea aside simply by tendering a defense to the charges”). | 1 | 1 |
Driver v. Commonwealthgreen2 sentences1996If either the blood test or the breath test is not available, then the available test shall be taken____ 1 “Code § 18.2-268 contemplates the existence of both a blood and breath test.” Driver v. Commonwealth, 6 Va.App. 583, 585 , 371 S.E.2d 27, 28 (1988). 1996If either the blood test or the breath test is not available, then the available test shall be taken____ 1 “Code § 18.2-268 contemplates the existence of both a blood and breath test.” Driver v. Commonwealth, 6 Va.App. 583, 585 , 371 S.E.2d 27, 28 (1988). | 1 | 1 |
Mason v. Commonwealthgreen2 sentences1996“If one of the tests is unavailable the government must provide a reasonable explanation for its unavailability.” Mason v. Commonwealth, 15 Va.App. 583, 585 , 425 S.E.2d 544, 545 (1993). 1996“If one of the tests is unavailable the government must provide a reasonable explanation for its unavailability.” Mason v. Commonwealth, 15 Va.App. 583, 585 , 425 S.E.2d 544, 545 (1993). | 1 | 1 |
Beck v. Commonwealthgreen2 sentences1977In its opinion the trial court relied on this definition of involuntary manslaughter as restated in Beck Commonwealth, 216 Va. 1, 4 , 216 S.E.2d 8, 9 (1975): {"Involuntary manslaughter is the killing of one accidentally, contrary to the intention of the parties, in the prosecution of some unlawful, but not felonious, act; or in the improper performance of a lawful act." The court cited Bell Commonwealth, 170 Va. 597 , 195 S.E. 675 (1938), as controlling authority for the principle that contributory negligence, an available defense in a civil action for personal injuries or death by wrongful ac 1977In its opinion the trial court relied on this definition of involuntary manslaughter as restated in Beck Commonwealth, 216 Va. 1, 4 , 216 S.E.2d 8, 9 (1975): {"Involuntary manslaughter is the killing of one accidentally, contrary to the intention of the parties, in the prosecution of some unlawful, but not felonious, act; or in the improper performance of a lawful act." The court cited Bell Commonwealth, 170 Va. 597 , 195 S.E. 675 (1938), as controlling authority for the principle that contributory negligence, an available defense in a civil action for personal injuries or death by wrongful ac | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bottoms v. Com.
green
2 sentences2013In Bottoms , the Supreme Court held that the defendant had entered his guilty plea to two charges of construction fraud “inadvisedly” and, therefore, the motion to withdraw the plea should have been granted. 281 Va. at 34 , 704 S.E.2d at 412 . 2013In Bottoms , the Supreme Court held that the defendant had entered his guilty plea to two charges of construction fraud “inadvisedly” and, therefore, the motion to withdraw the plea should have been granted. 281 Va. at 34 , 704 S.E.2d at 412 . | 1 | 2013–2013 |
Bell v. Commonwealth
green
2 sentences1977In its opinion the trial court relied on this definition of involuntary manslaughter as restated in Beck Commonwealth, 216 Va. 1, 4 , 216 S.E.2d 8, 9 (1975): {"Involuntary manslaughter is the killing of one accidentally, contrary to the intention of the parties, in the prosecution of some unlawful, but not felonious, act; or in the improper performance of a lawful act." The court cited Bell Commonwealth, 170 Va. 597 , 195 S.E. 675 (1938), as controlling authority for the principle that contributory negligence, an available defense in a civil action for personal injuries or death by wrongful ac 1977In its opinion the trial court relied on this definition of involuntary manslaughter as restated in Beck Commonwealth, 216 Va. 1, 4 , 216 S.E.2d 8, 9 (1975): {"Involuntary manslaughter is the killing of one accidentally, contrary to the intention of the parties, in the prosecution of some unlawful, but not felonious, act; or in the improper performance of a lawful act." The court cited Bell Commonwealth, 170 Va. 597 , 195 S.E. 675 (1938), as controlling authority for the principle that contributory negligence, an available defense in a civil action for personal injuries or death by wrongful ac | 1 | 1977–1977 |
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.
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.