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8 Virginia opinions name it 3 courts 1985–2023 1 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 |
|---|---|---|
Oregon v. Elstadgreen2 sentences2016“A suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings.” Jenkins v. Commonwealth, 244 Va. 445, 455 , 423 S.E.2d 360, 367 (1992) (quoting Elstad, 470 U.S. at 318 ). 1992Therefore, the so-called “cat out of the bag” analysis, urged by the defendant, does not apply because the initial statement was not a product of compulsion. “[A] suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings.” Elstad, 470 U.S. at 318 ; Pruett, 232 Va. at 273 , 351 S.E.2d at 5 . | 3 | 6 |
Pruett v. Commonwealthgreen2 sentences1992Therefore, the so-called “cat out of the bag” analysis, urged by the defendant, does not apply because the initial statement was not a product of compulsion. “[A] suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings.” Elstad, 470 U.S. at 318 ; Pruett, 232 Va. at 273 , 351 S.E.2d at 5 . 1992Therefore, the so-called “cat out of the bag” analysis, urged by the defendant, does not apply because the initial statement was not a product of compulsion. “[A] suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings.” Elstad, 470 U.S. at 318 ; Pruett, 232 Va. at 273 , 351 S.E.2d at 5 . | 1 | 2 |
Poyner v. Commonwealthgreen2 sentences1986We recently applied Elstad to approve the admission of confessions in Poyner v. Commonwealth, 229 Va. 401, 408-09 , 329 S.E.2d 815, 822 , cert. denied, 474 U.S. 865 (1985), and Boggs v. Commonwealth, 229 Va. 501, 512-13 , 331 S.E.2d 407, 416 (1985), cert. denied, 475 U.S. 1031 (1986), both death penalty cases. 1986We recently applied Elstad to approve the admission of confessions in Poyner v. Commonwealth, 229 Va. 401, 408-09 , 329 S.E.2d 815, 822 , cert. denied, 474 U.S. 865 (1985), and Boggs v. Commonwealth, 229 Va. 501, 512-13 , 331 S.E.2d 407, 416 (1985), cert. denied, 475 U.S. 1031 (1986), both death penalty cases. | 1 | 2 |
Jenkins v. Commonwealthgreen2 sentences2016“A suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings.” Jenkins v. Commonwealth, 244 Va. 445, 455 , 423 S.E.2d 360, 367 (1992) (quoting Elstad, 470 U.S. at 318 ). 2016“A suspect who has once responded to unwarned yet uncoercive questioning is not thereby disabled from waiving his rights and confessing after he has been given the requisite Miranda warnings.” Jenkins v. Commonwealth, 244 Va. 445, 455 , 423 S.E.2d 360, 367 (1992) (quoting Elstad, 470 U.S. at 318 ). | 1 | 1 |
Miranda v. Arizonagreen1 sentence1998See Miranda v. Arizona, 384 U.S. 436 (1966). | 1 | 1 |
Boggs v. Commonwealthgreen2 sentences1986We recently applied Elstad to approve the admission of confessions in Poyner v. Commonwealth, 229 Va. 401, 408-09 , 329 S.E.2d 815, 822 , cert. denied, 474 U.S. 865 (1985), and Boggs v. Commonwealth, 229 Va. 501, 512-13 , 331 S.E.2d 407, 416 (1985), cert. denied, 475 U.S. 1031 (1986), both death penalty cases. 1986We recently applied Elstad to approve the admission of confessions in Poyner v. Commonwealth, 229 Va. 401, 408-09 , 329 S.E.2d 815, 822 , cert. denied, 474 U.S. 865 (1985), and Boggs v. Commonwealth, 229 Va. 501, 512-13 , 331 S.E.2d 407, 416 (1985), cert. denied, 475 U.S. 1031 (1986), both death penalty cases. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hasan v. Com.
green
1 sentence2023On appeal to the Supreme Court of Virginia, “Hasan argue[d] that his statement to police about the presence of a handgun in the vehicle should have been suppressed” because he was in custody when he was questioned but had not received the requisite Miranda warnings. 276 Va. at 679 . | 1 | 2023–2023 |
Del Monte Corp. v. Blau
green
1 sentence1986We recently applied Elstad to approve the admission of confessions in Poyner v. Commonwealth, 229 Va. 401, 408-09 , 329 S.E.2d 815, 822 , cert. denied, 474 U.S. 865 (1985), and Boggs v. Commonwealth, 229 Va. 501, 512-13 , 331 S.E.2d 407, 416 (1985), cert. denied, 475 U.S. 1031 (1986), both death penalty cases. | 1 | 1986–1986 |
Jones v. United States
green
1 sentence1986We recently applied Elstad to approve the admission of confessions in Poyner v. Commonwealth, 229 Va. 401, 408-09 , 329 S.E.2d 815, 822 , cert. denied, 474 U.S. 865 (1985), and Boggs v. Commonwealth, 229 Va. 501, 512-13 , 331 S.E.2d 407, 416 (1985), cert. denied, 475 U.S. 1031 (1986), both death penalty cases. | 1 | 1986–1986 |
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.