legal sufficiency claim (Virginia) · Go Syfert
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legal sufficiency claim in Virginia

8 Virginia opinions name it 5 courts 1993–2018 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 (8)

CaseFollowedCited
Glazebrook v. Board of Supervisorsgreen
va · 2003 · cited in 2 Virginia opinions naming this issue, 2015–2015
2 sentences

2015See Glazebrook v. Board of Supervisors, 266 Va. 550, 554 (2003).

2015See Glazebrook v. Board of Supervisors, 266 Va. 550, 554 (2003).

22
Kaltman v. ALL AMERICAN PEST CONTROL, INC.green
va · 2011 · cited in 1 Virginia opinions naming this issue, 2016–2016
2 sentences

2016Pest Control, Inc., 281 Va. 483, 489 , 706 S.E.2d 864, 867-68 (2011) (citation omitted)). [U]pon reviewing a demurrer, the court will accept the facts alleged in the pleading as true to determine the legal sufficiency of the claim.

2016Pest Control, Inc., 281 Va. 483, 489 , 706 S.E.2d 864, 867-68 (2011) (citation omitted)). [U]pon reviewing a demurrer, the court will accept the facts alleged in the pleading as true to determine the legal sufficiency of the claim.

11
Scott v. Commonwealthgreen
vactapp · 2011 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Scott v. Commonwealth, 58 Va.App. 35, 44-45 , 707 S.E.2d 17, 22 (2011) (holding that an argument made in a motion to strike challenging only the sufficiency of the evidence to support first-degree murder failed to preserve a sufficiency challenge to the lesser-included charge of involuntary manslaughter). [6] If arguments of this sort were adequate, the rule would be rendered meaningless, since every closing argument in a criminal case (short of a concession of guilt) would permit a defendant to raise a sufficiency challenge on appeal. [7] Of course, I do not suggest that any closin

2011See, e.g., Scott v. Commonwealth, 58 Va.App. 35, 44-45 , 707 S.E.2d 17, 22 (2011) (holding that an argument made in a motion to strike challenging only the sufficiency of the evidence to support first-degree murder failed to preserve a sufficiency challenge to the lesser-included charge of involuntary manslaughter). [6] If arguments of this sort were adequate, the rule would be rendered meaningless, since every closing argument in a criminal case (short of a concession of guilt) would permit a defendant to raise a sufficiency challenge on appeal. [7] Of course, I do not suggest that any closin

11
CaterCorp, Inc. v. Catering Concepts, Inc.green
va · 1993 · cited in 1 Virginia opinions naming this issue, 2004–2004
2 sentences

2004See CaterCorp v. Catering Concepts, Inc., 246 Va. 22 , 431 S.E.2d 277 (1993), compared to Klaiber v. Freemason Assoc., Inc., 266 Va. 478 , 587 S.E.2d 555 (2003).

2004See CaterCorp v. Catering Concepts, Inc., 246 Va. 22 , 431 S.E.2d 277 (1993), compared to Klaiber v. Freemason Assoc., Inc., 266 Va. 478 , 587 S.E.2d 555 (2003).

11
Fun v. Virginia Military Institutegreen
va · 1993 · cited in 1 Virginia opinions naming this issue, 2004–2004
2 sentences

2004Fun v. Virginia Military Institute, 245 Va. 249, 252 , 427 S.E.2d 181, 183 (1993).

2004Fun v. Virginia Military Institute, 245 Va. 249, 252 , 427 S.E.2d 181, 183 (1993).

11
Klaiber v. Freemason Associates, Inc.green
va · 2003 · cited in 1 Virginia opinions naming this issue, 2004–2004
2 sentences

2004See CaterCorp v. Catering Concepts, Inc., 246 Va. 22 , 431 S.E.2d 277 (1993), compared to Klaiber v. Freemason Assoc., Inc., 266 Va. 478 , 587 S.E.2d 555 (2003).

2004See CaterCorp v. Catering Concepts, Inc., 246 Va. 22 , 431 S.E.2d 277 (1993), compared to Klaiber v. Freemason Assoc., Inc., 266 Va. 478 , 587 S.E.2d 555 (2003).

11
Williamson v. the Old Brogue, Inc.green
va · 1986 · cited in 1 Virginia opinions naming this issue, 1993–1993
2 sentences

1993Because a reasonable argument could be made that the ruling in Williamson did not necessarily control the instant case, cf. id. at 353 , 350 S.E.2d at 623 (“The basis of the rule is that individuals, drunk or sober, are responsible for their own torts and that, apart from statute, drinking the intoxicant, not furnishing it, is the proximate cause of the injury.”), and because, even if Williamson was controlling, the sanctions provisions of section 8.01-271.1 are not intended to discourage good faith efforts to extend "Virginia law, see Va. Code Ann. § 8.01-271.1 , this Court, while dismissing

1993Because a reasonable argument could be made that the ruling in Williamson did not necessarily control the instant case, cf. id. at 353 , 350 S.E.2d at 623 (“The basis of the rule is that individuals, drunk or sober, are responsible for their own torts and that, apart from statute, drinking the intoxicant, not furnishing it, is the proximate cause of the injury.”), and because, even if Williamson was controlling, the sanctions provisions of section 8.01-271.1 are not intended to discourage good faith efforts to extend "Virginia law, see Va. Code Ann. § 8.01-271.1 , this Court, while dismissing

11
In Re Kunstler.green
ca4 · 1990 · cited in 1 Virginia opinions naming this issue, 1993–1993
1 sentence

1993“If a complaint is not filed to vindicate rights in court, its purpose must be improper.” In re Kuntsler, 914 F.2d at 518.

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 (1)

CaseCitedYears
Plummer v. Center Psychiatrists, Ltd. green
va · 1996
2 sentences

2018Without discussion, we applied the rebuttable presumption at the demurrer stage in Plummer v. Center Psychiatrists, Ltd. , 252 Va. 233 , 235-36, 476 S.E.2d 172 (1996).

2018Without discussion, we applied the rebuttable presumption at the demurrer stage in Plummer v. Center Psychiatrists, Ltd. , 252 Va. 233 , 235-36, 476 S.E.2d 172 (1996).

12018–2018

Where else courts name it

TX 6488 (1974–2026) MI 316 (1955–2026) IN 165 (1992–2026) NY 140 (1933–2026) IL 81 (1993–2026) CT 27 (1969–2025) KS 19 (1937–2024) WA 18 (1995–2026) ND 18 (2004–2026) FL 17 (1958–2025) NC 16 (1984–2025) MN 15 (2002–2024) NM 13 (1961–2019) WI 13 (1979–2025) MS 9 (1980–2026) NJ 9 (2010–2026) OH 9 (1998–2023) VA 8 (1993–2018) PA 7 (1977–2026) ME 6 (1991–2022) MO 5 (1957–1994) OR 4 (2004–2025) AZ 4 (1991–2020) UT 4 (2013–2024) MD 4 (2003–2021) DE 3 (1970–2022) CO 2 (1987–2019) KY 2 (2016–2017) AK 2 (2025–2025) CA 2 (2001–2016) OK 2 (1992–2016) IA 2 (1913–2022)

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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