judge committed reversible error (Virginia) · Go Syfert
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judge committed reversible error in Virginia

8 Virginia opinions name it 1 courts 1990–2018 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 (4)

CaseFollowedCited
Cooper v. Commonwealthgreen
vactapp · 1986 · cited in 2 Virginia opinions naming this issue, 1990–1992
2 sentences

1992We conclude that the trial judge did not commit reversible error. “ ‘The purpose of an instruction is to furnish guidance to the jury in their deliberations, and to aid them in arriving at a proper verdict, so far as it is competent for the court to assist them.’ ” Cooper v. *346 Commonwealth, 2 Va. App. 497, 500 , 345 S.E.2d 775, 777 (1986) (quoting 75 Am.

1992We conclude that the trial judge did not commit reversible error. “ ‘The purpose of an instruction is to furnish guidance to the jury in their deliberations, and to aid them in arriving at a proper verdict, so far as it is competent for the court to assist them.’ ” Cooper v. *346 Commonwealth, 2 Va. App. 497, 500 , 345 S.E.2d 775, 777 (1986) (quoting 75 Am.

22
Breeden v. Commonwealthgreen
va · 1976 · cited in 1 Virginia opinions naming this issue, 2014–2014
2 sentences

2014See Breeden v. Commonwealth, 217 Va. 297, 300 , 227 S.E.2d 734, 736-37 (1976) (holding that a criminal defendant cannot be forced to use peremptory strikes on jurors who should have been stricken for cause).

2014See Breeden v. Commonwealth, 217 Va. 297, 300 , 227 S.E.2d 734, 736-37 (1976) (holding that a criminal defendant cannot be forced to use peremptory strikes on jurors who should have been stricken for cause).

11
Beck v. Commonwealthgreen
va · 1997 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005NOTES [1] A 2004 amendment to this statute substituted "Whether by trial or upon a plea of guilty" for "In cases of trial by jury or by the court." [2] In Beck v. Commonwealth, 253 Va. 373, 384 , 484 S.E.2d 898, 905 (1997), the Supreme Court observed that "[t]he clear import of the [Crime Victim and Witness Rights] Act is to preserve the right of victims of crimes to have the impact of those crimes upon their lives considered as part of the sentencing process, if that is their wish...." [3] On appeal, Rock did not contend that the victim impact testimony was outside the procedural boundaries a

2005NOTES [1] A 2004 amendment to this statute substituted "Whether by trial or upon a plea of guilty" for "In cases of trial by jury or by the court." [2] In Beck v. Commonwealth, 253 Va. 373, 384 , 484 S.E.2d 898, 905 (1997), the Supreme Court observed that "[t]he clear import of the [Crime Victim and Witness Rights] Act is to preserve the right of victims of crimes to have the impact of those crimes upon their lives considered as part of the sentencing process, if that is their wish...." [3] On appeal, Rock did not contend that the victim impact testimony was outside the procedural boundaries a

11
Gilchrist v. Commonwealthgreen
va · 1984 · cited in 1 Virginia opinions naming this issue, 2002–2002
2 sentences

2002The lack of opportunity to determine whether proof could be mustered to counter the prosecutor’s intended use of the evidence deprived Smoot of “the right ‘to call for evidence in his favor,’ including ‘the right to prepare for trial ... and to ascertain the truth.’ ” Gilchrist v. Commonwealth, 227 Va. 540, 547 , 317 S.E.2d 784, 788 (1984).

2002The lack of opportunity to determine whether proof could be mustered to counter the prosecutor’s intended use of the evidence deprived Smoot of “the right ‘to call for evidence in his favor,’ including ‘the right to prepare for trial ... and to ascertain the truth.’ ” Gilchrist v. Commonwealth, 227 Va. 540, 547 , 317 S.E.2d 784, 788 (1984).

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 (3)

CaseCitedYears
Bazemore v. Commonwealth green
va · 1969
2 sentences

2018The Court in Bazemore did not specifically hold that it was error to refuse this instruction; instead, the Court held that “[w]hether or not the trial judge committed reversible error by refusing [the instruction at issue], he did so by giving another instruction.” Bazemore, 210 Va. at 352 , 170 S.E.2d at 776 .

2018The Court in Bazemore did not specifically hold that it was error to refuse this instruction; instead, the Court held that “[w]hether or not the trial judge committed reversible error by refusing [the instruction at issue], he did so by giving another instruction.” Bazemore, 210 Va. at 352 , 170 S.E.2d at 776 .

22018–2018
United States v. Gonzalez-Lopez green
scotus · 2006
2 sentences

2014Huguely argues that the United States Supreme Court’s decision in United States v. Gonzalez-Lopez, 548 U.S. 140 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (2006), requires that this Court grant him a new trial. 1.

2014Huguely argues that the United States Supreme Court’s decision in United States v. Gonzalez-Lopez, 548 U.S. 140 , 126 S.Ct. 2557 , 165 L.Ed.2d 409 (2006), requires that this Court grant him a new trial. 1.

12014–2014
Lilly v. Virginia green
scotus · 1999
2 sentences

2000In its brief on this rehearing en banc, the Commonwealth concedes that the trial judge’s admission of Harris’ confession was error, see Lilly v. Virginia, 527 U.S. 116, 139 , 119 S.Ct. 1887, 1901 , 144 L.Ed.2d 117 (1999) (holding that “[t]he admission of the untested confession of [a codefendant] violated petitioner’s Confrontation Clause rights”), and that the judge also erred in refusing to permit Williams’ counsel to see the confession before the judge ruled on its admissibility.

2000In its brief on this rehearing en banc, the Commonwealth concedes that the trial judge’s admission of Harris’ confession was error, see Lilly v. Virginia, 527 U.S. 116, 139 , 119 S.Ct. 1887, 1901 , 144 L.Ed.2d 117 (1999) (holding that “[t]he admission of the untested confession of [a codefendant] violated petitioner’s Confrontation Clause rights”), and that the judge also erred in refusing to permit Williams’ counsel to see the confession before the judge ruled on its admissibility.

12000–2000

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-58 (4) VA § Va. Code Ann. § 18.2-53.1 (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

MS 60 (1987–2026) MA 47 (1977–2025) LA 30 (1950–2007) FL 27 (1953–2007) MD 23 (1976–2020) GA 21 (1939–2016) IL 19 (1968–2021) AL 19 (1970–2012) NJ 17 (1963–2022) DC 16 (1987–2017) SC 15 (1969–2010) NY 14 (1940–2014) TX 13 (1923–2001) TN 12 (1960–2010) MI 11 (1960–2016) PA 9 (1957–2024) VA 8 (1990–2018) KY 8 (1972–2010) DE 6 (1980–2025) NV 5 (2015–2015) NC 5 (1968–1994) CA 4 (1953–1985) OK 4 (1962–1987) OH 3 (1940–2005) IN 3 (1965–1982) UT 3 (1985–2025) OR 3 (1978–2014) WV 2 (1973–1988) MO 2 (2005–2005) CO 2 (2018–2018) AZ 2 (1980–1989) NH 2 (1983–1983)

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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