8 Virginia opinions name it 2 courts 2008–2024 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 |
|---|---|---|
Sasson v. Shenhargreen2 sentences2024We have specified a three-part test that governs the application of the fugitive disentitlement doctrine: “(1) the appellant must be a fugitive, (2) there must be a nexus between the current appeal and the appellant’s status as a fugitive, and (3) dismissal must be necessary to effectuate the policy concerns underlying the doctrine.” Sasson, 276 Va. at 623 . 2014The Virginia Supreme Court has held that three elements are required in order to employ the Fugitive Disentitlement Doctrine: “(1) the appellant must be a fugitive, (2) there must be a nexus between the current appeal and the appellant’s status as a fugitive, and (3) dismissal must be necessary to effectuate the policy concerns underlying the doctrine.” Sasson v. Shenhar, 276 Va. 611, 623 , 667 S.E.2d *679 555, 561 (2008). “[W]hen applying the doctrine, courts must exercise ‘restraint,’ and its use must ‘be a reasonable response to the problems and needs that provoke it.’ ” Id. (quoting Degen | 4 | 7 |
Walsh v. Walshgreen2 sentences2011Some of the policy concerns underlying the doctrine “include prejudice to the opponent, delay, frustration, and unenforceability.” Walsh v. Walsh, 221 F.3d 204, 215 (1st Cir.2000). 2011Some of the policy concerns underlying the doctrine “include prejudice to the opponent, delay, frustration, and unenforceability.” Walsh v. Walsh, 221 F.3d 204, 215 (1st Cir. 2000). | 3 | 3 |
Yuri Isidoro Sasson Moscona v. Dana Shenhargreen2 sentences2010Under such circumstances, the policy concerns underlying the doctrine warrant its application in *53 this case because, as the Court of Appeals found, “[d]ismissing Sasson’s appeals furthers the goals of the fugitive disentitlement doctrine by discouraging flight from justice, encouraging compliance with court orders, and promoting the efficient, dignified operation of the courts.” [Moscona v. Shenhar, 50 Va.App. 238, 255 , 649 S.E.2d 191,199 (2007) ] (citing Degen, 517 U.S. at 824 [ 116 S.Ct. at 1781 ]; Jaffe v. Accredited Sur. & Cas. 2010Under such circumstances, the policy concerns underlying the doctrine warrant its application in *53 this case because, as the Court of Appeals found, “[d]ismissing Sasson’s appeals furthers the goals of the fugitive disentitlement doctrine by discouraging flight from justice, encouraging compliance with court orders, and promoting the efficient, dignified operation of the courts.” [Moscona v. Shenhar, 50 Va.App. 238, 255 , 649 S.E.2d 191,199 (2007) ] (citing Degen, 517 U.S. at 824 [ 116 S.Ct. at 1781 ]; Jaffe v. Accredited Sur. & Cas. | 3 | 3 |
Degen v. United Statesgreen2 sentences2014The Virginia Supreme Court has held that three elements are required in order to employ the Fugitive Disentitlement Doctrine: “(1) the appellant must be a fugitive, (2) there must be a nexus between the current appeal and the appellant’s status as a fugitive, and (3) dismissal must be necessary to effectuate the policy concerns underlying the doctrine.” Sasson v. Shenhar, 276 Va. 611, 623 , 667 S.E.2d *679 555, 561 (2008). “[W]hen applying the doctrine, courts must exercise ‘restraint,’ and its use must ‘be a reasonable response to the problems and needs that provoke it.’ ” Id. (quoting Degen 2014The Virginia Supreme Court has held that three elements are required in order to employ the Fugitive Disentitlement Doctrine: “(1) the appellant must be a fugitive, (2) there must be a nexus between the current appeal and the appellant’s status as a fugitive, and (3) dismissal must be necessary to effectuate the policy concerns underlying the doctrine.” Sasson v. Shenhar, 276 Va. 611, 623 , 667 S.E.2d *679 555, 561 (2008). “[W]hen applying the doctrine, courts must exercise ‘restraint,’ and its use must ‘be a reasonable response to the problems and needs that provoke it.’ ” Id. (quoting Degen | 1 | 3 |
Sidney L. Jaffe Ruth Jaffe v. Accredited Surety and Casualty Company, Incorporated, Center for Constitutional Rights, Amicus Curiaegreen2 sentences2010Co., 294 F.3d 584, 596 (4th Cir. 2002)). 2008Co., 294 F.3d 584 , 596 (4th Cir.2002)). | 1 | 2 |
Andrea S. Morrison v. Adam Morrisongreen2 sentences2012Husband objected to the trial 3 As a threshold matter, wife requests that we apply the fugitive disentitlement doctrine to dismiss this case. “‘In order to employ the doctrine,’ the record must show that ‘(1) the appellant [is] a fugitive, (2) there [is] a nexus between the current appeal and the appellant’s status as a fugitive, and (3) dismissal [is] necessary to effectuate the policy concerns underlying the doctrine.’” Morrison v. Morrison, 57 Va. App. 629, 637 , 704 S.E.2d 617, 620 (2011) (citing Sasson v. Shenhar, 276 Va. 611, 623 , 667 S.E.2d 555, 561 (2008)). 2012Husband objected to the trial 3 As a threshold matter, wife requests that we apply the fugitive disentitlement doctrine to dismiss this case. “‘In order to employ the doctrine,’ the record must show that ‘(1) the appellant [is] a fugitive, (2) there [is] a nexus between the current appeal and the appellant’s status as a fugitive, and (3) dismissal [is] necessary to effectuate the policy concerns underlying the doctrine.’” Morrison v. Morrison, 57 Va. App. 629, 637 , 704 S.E.2d 617, 620 (2011) (citing Sasson v. Shenhar, 276 Va. 611, 623 , 667 S.E.2d 555, 561 (2008)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Satoko Matsumoto v. Tatsuya Matsumoto
green
2 sentences2011While “[a]n appreciation of the pragmatic concerns” governing the fugitive disentitlement analysis “requires a case-by-case analysis,” Walsh, 221 F.3d at 215 , cases involving custody are “in an entirely different category than other issues for fugitive disentitlement purposes,” Matsumoto, 792 A.2d at 1235 . 2011While “[a]n appreciation of the pragmatic concerns” governing the fugitive disentitlement analysis “requires a case-by-case analysis,” Walsh, 221 F.3d at 215 , cases involving custody are “in an entirely different category than other issues for fugitive disentitlement purposes,” Matsumoto, 792 A.2d at 1235 . | 2 | 2011–2011 |
Reid v. Commonwealth
green
2 sentences2014Relevant policy concerns include: “ ‘(1) [whether] a party’s fugitive status can render a judgment impossible to enforce; (2) the inequity of allowing a fugitive to call upon the resources of the Court for determination of his claims[;] and (3) the need to discourage the felony of escape and encourage voluntary surrenders.’ ” Reid, 57 Va.App. at 57 , 698 S.E.2d at 276 (quoting Jaffe v. Accredited Sur. & Cas. 2014Relevant policy concerns include: “ ‘(1) [whether] a party’s fugitive status can render a judgment impossible to enforce; (2) the inequity of allowing a fugitive to call upon the resources of the Court for determination of his claims[;] and (3) the need to discourage the felony of escape and encourage voluntary surrenders.’ ” Reid, 57 Va.App. at 57 , 698 S.E.2d at 276 (quoting Jaffe v. Accredited Sur. & Cas. | 1 | 2014–2014 |
Magluta v. Samples
green
1 sentence2008See, e.g., Walsh v. Walsh, 221 F.3d 204 , 215 (1st Cir.2000); Magluta v. Samples, 162 F.3d 662 , 664 (11th Cir.1998); Atkinson v. Taylor, 277 F.Supp.2d 382 , 385 (D.Del.2003). | 1 | 2008–2008 |
Atkinson v. Taylor
neutral
1 sentence2008See, e.g., Walsh v. Walsh, 221 F.3d 204 , 215 (1st Cir.2000); Magluta v. Samples, 162 F.3d 662 , 664 (11th Cir.1998); Atkinson v. Taylor, 277 F.Supp.2d 382 , 385 (D.Del.2003). | 1 | 2008–2008 |