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8 Virginia opinions name it 2 courts 1969–2015 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 |
|---|---|---|
Fuentes v. Clarkegreen1 sentence2015"The factual findings of the [circuit court] in a habeas corpus hearing are presumed to be correct and will be upheld by us unless plainly wrong or unsupported by credible evidence." Abbott v. Peyton, 211 Va. 484 , 486, 178 S.E.2d 521 , 523 (1971); see also Fuentes v. Clarke, 290 Va. ----, ----, 777 S.E.2d 550 , 553 (2015)(habeas court's findings of historical fact are entitled to deference and binding unless plainly wrong or without evidence to support them); Dominguez v. Pruett, 287 Va. 434 , 440, 756 S.E.2d 911 , 914 (2014)(same); compare Zemene v. Clarke, 289 Va. 303 , 307, 768 S.E.2d 684 | 1 | 1 |
Napue v. Illinoisgreen2 sentences1988Clearly, a cross-examination of Caviness based upon these and the other voluminous facts disclosed at the habeas corpus hearing *629 could have substantially damaged his credibility by establishing a motive for false testimony and, thus, could have been determinative of the jury's finding of guilt with respect to the rape charge. "[I]t is upon such subtle factors as the possible interest of the witness in testifying falsely that a defendant's life or liberty may depend." Napue v. Illinois, 360 U.S. 264, 269 , 79 S.Ct. 1173, 1177 , 3 L.Ed.2d 1217 (1959). 1988Clearly, a cross-examination of Caviness based upon these and the other voluminous facts disclosed at the habeas corpus hearing *629 could have substantially damaged his credibility by establishing a motive for false testimony and, thus, could have been determinative of the jury's finding of guilt with respect to the rape charge. "[I]t is upon such subtle factors as the possible interest of the witness in testifying falsely that a defendant's life or liberty may depend." Napue v. Illinois, 360 U.S. 264, 269 , 79 S.Ct. 1173, 1177 , 3 L.Ed.2d 1217 (1959). | 1 | 1 |
Nolan v. Peytongreen2 sentences1971Nolan v. Peyton, 208 Va. 109, 112 , 155 S.E.2d 318, 321 (1967); Meekins v. Peyton, 208 Va. 114, 119 , 155 S.E.2d 52, 56 (1967). 1971Nolan v. Peyton, 208 Va. 109, 112 , 155 S.E.2d 318, 321 (1967); Meekins v. Peyton, 208 Va. 114, 119 , 155 S.E.2d 52, 56 (1967). | 1 | 1 |
Meekins v. Peytongreen2 sentences1971Nolan v. Peyton, 208 Va. 109, 112 , 155 S.E.2d 318, 321 (1967); Meekins v. Peyton, 208 Va. 114, 119 , 155 S.E.2d 52, 56 (1967). 1971Nolan v. Peyton, 208 Va. 109, 112 , 155 S.E.2d 318, 321 (1967); Meekins v. Peyton, 208 Va. 114, 119 , 155 S.E.2d 52, 56 (1967). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2015Following the analysis set forth in Roe v. Flores-Ortega, 528 U.S. 470 , 477, 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), we have held that the two-part test enunciated in Strickland v. Washington, 466 U.S. 668 , 688, 694, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), applies to claims of ineffective assistance of counsel when a convicted defendant alleges that counsel failed to file a direct appeal. 2015Following the analysis set forth in Roe v. Flores-Ortega, 528 U.S. 470 , 477, 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), we have held that the two-part test enunciated in Strickland v. Washington, 466 U.S. 668 , 688, 694, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), applies to claims of ineffective assistance of counsel when a convicted defendant alleges that counsel failed to file a direct appeal. | 1 | 2015–2015 |
Roe v. Flores-Ortega
green
2 sentences2015Following the analysis set forth in Roe v. Flores-Ortega, 528 U.S. 470 , 477, 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), we have held that the two-part test enunciated in Strickland v. Washington, 466 U.S. 668 , 688, 694, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), applies to claims of ineffective assistance of counsel when a convicted defendant alleges that counsel failed to file a direct appeal. 2015Following the analysis set forth in Roe v. Flores-Ortega, 528 U.S. 470 , 477, 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), we have held that the two-part test enunciated in Strickland v. Washington, 466 U.S. 668 , 688, 694, 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), applies to claims of ineffective assistance of counsel when a convicted defendant alleges that counsel failed to file a direct appeal. | 1 | 2015–2015 |
Jackson v. Washington
green
2 sentences2015The Supreme Court of Virginia addressed the Estelle decision in Jackson v. Washington, 270 Va. 269 , 619 S.E.2d 92 (2005), which like Estelle was a habeas corpus claim. 2015The Supreme Court of Virginia addressed the Estelle decision in Jackson v. Washington, 270 Va. 269 , 619 S.E.2d 92 (2005), which like Estelle was a habeas corpus claim. | 1 | 2015–2015 |
Abbott v. Peyton
green
2 sentences2015"The factual findings of the [circuit court] in a habeas corpus hearing are presumed to be correct and will be upheld by us unless plainly wrong or unsupported by credible evidence." Abbott v. Peyton, 211 Va. 484 , 486, 178 S.E.2d 521 , 523 (1971); see also Fuentes v. Clarke, 290 Va. ----, ----, 777 S.E.2d 550 , 553 (2015)(habeas court's findings of historical fact are entitled to deference and binding unless plainly wrong or without evidence to support them); Dominguez v. Pruett, 287 Va. 434 , 440, 756 S.E.2d 911 , 914 (2014)(same); compare Zemene v. Clarke, 289 Va. 303 , 307, 768 S.E.2d 684 2015"The factual findings of the [circuit court] in a habeas corpus hearing are presumed to be correct and will be upheld by us unless plainly wrong or unsupported by credible evidence." Abbott v. Peyton, 211 Va. 484 , 486, 178 S.E.2d 521 , 523 (1971); see also Fuentes v. Clarke, 290 Va. ----, ----, 777 S.E.2d 550 , 553 (2015)(habeas court's findings of historical fact are entitled to deference and binding unless plainly wrong or without evidence to support them); Dominguez v. Pruett, 287 Va. 434 , 440, 756 S.E.2d 911 , 914 (2014)(same); compare Zemene v. Clarke, 289 Va. 303 , 307, 768 S.E.2d 684 | 1 | 2015–2015 |
Davis v. Johnson
green
2 sentences2013Similarly, the circuit court in Davis granted the petitioner's habeas corpus claim seeking a belated appeal from a final judgment of conviction and also adjudicated the merits of his other claims of ineffective assistance of counsel, dismissing them with prejudice. 274 Va. at 652 , 652 S.E.2d at 115 . 2013Similarly, the circuit court in Davis granted the petitioner's habeas corpus claim seeking a belated appeal from a final judgment of conviction and also adjudicated the merits of his other claims of ineffective assistance of counsel, dismissing them with prejudice. 274 Va. at 652 , 652 S.E.2d at 115 . | 1 | 2013–2013 |
Preiser v. Rodriguez
green
1 sentence2004These are the distinguishing hallmarks of a habeas claim, as the Court spelled out in Preiser v. Rodriguez, 411 U.S. 475 (1973). | 1 | 2004–2004 |
McMann v. Richardson
green
1 sentence1971The petition showed on its face that the petitioner’s conviction was based upon a plea of guilty entered “after consultation with [appointed] counsel.” Thus, the sufficiency of the allegations of the petition is to be tested by what this court held in Peyton v. King, 210 Va. 194 , 169 S.E.2d 569 (1969), and what the Supreme Court of the United States held in McMann v. Richardson, 397 U.S. 759 (1970), both cases decided subsequent to the habeas corpus hearing conducted in this case by the trial court. | 1 | 1971–1971 |
Peyton v. King
green
2 sentences1971The petition showed on its face that the petitioner’s conviction was based upon a plea of guilty entered “after consultation with [appointed] counsel.” Thus, the sufficiency of the allegations of the petition is to be tested by what this court held in Peyton v. King, 210 Va. 194 , 169 S.E.2d 569 (1969), and what the Supreme Court of the United States held in McMann v. Richardson, 397 U.S. 759 (1970), both cases decided subsequent to the habeas corpus hearing conducted in this case by the trial court. 1971The petition showed on its face that the petitioner’s conviction was based upon a plea of guilty entered “after consultation with [appointed] counsel.” Thus, the sufficiency of the allegations of the petition is to be tested by what this court held in Peyton v. King, 210 Va. 194 , 169 S.E.2d 569 (1969), and what the Supreme Court of the United States held in McMann v. Richardson, 397 U.S. 759 (1970), both cases decided subsequent to the habeas corpus hearing conducted in this case by the trial court. | 1 | 1971–1971 |
Long v. District Court of Iowa, Lee Cty.
green
2 sentences1969In fact, in Long v. District Court of Iowa, 385 U.S. 192 , 87 S. Ct. 362 , 17 L. ed. 2d 290 (1966), the court was presented a petition for certiorari alleging that the state court had erred in fading to appoint counsel to appeal the denial of a habeas corpus petition and in refusing to provide a free transcript of the habeas corpus hearing. 1969In fact, in Long v. District Court of Iowa, 385 U.S. 192 , 87 S. Ct. 362 , 17 L. ed. 2d 290 (1966), the court was presented a petition for certiorari alleging that the state court had erred in fading to appoint counsel to appeal the denial of a habeas corpus petition and in refusing to provide a free transcript of the habeas corpus hearing. | 1 | 1969–1969 |
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.