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8 Virginia opinions name it 3 courts 1977–2022 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 |
|---|---|---|
Cofield v. Nucklesgreen1 sentence2022See Cofield v. Nuckles, 239 Va. 186, 194 (1990) (“A party can concede the facts but cannot concede the law.”). 6 Turner did not contend in the trial court nor on appeal that there was insufficient evidence that Turner purchased or transported a firearm, as charged in the warrant for a violation of Code § 18.2-308.1:4. -6- B. | 1 | 1 |
Adkins v. Commonwealthgreen2 sentences2017See Adkins, 13 Va. App. at 522 , 414 S.E.2d at 190 . 2017See Adkins, 13 Va. App. at 522 , 414 S.E.2d at 190 . | 1 | 1 |
Godfrey v. Commonwealthgreen1 sentence2017Id. (“A defendant does not waive his right to a speedy trial merely because he remains silent or does not demand that a trial date be set within the prescribed period.”).6 6 The Commonwealth also relies on Howard v. Commonwealth, 55 Va. App. 417 , 686 S.E.2d 537 (2009), aff’d, 281 Va. 455 , 706 S.E.2d 885 (2011), to argue that here, as in Howard, the trial court continued the case sua sponte, without objection from Turner, to consider Turner’s motion. | 1 | 1 |
Howard v. Com.green2 sentences2017See Howard v. Commonwealth, 281 Va. 455, 460 , 706 S.E.2d 885, 888 (2011) (applying Code § 19.2-243(4) and concluding that “[o]nce the initial trial date is set, every continuance postpones the trial date regardless of the reason for the continuance or the identity of the moving party” (emphasis added)). 5 The only order in the record dated prior to the April 20, 2016 order is the March 11, 2016 order denying Turner’s motion to exclude, which did not mention a continuance. ‐ 7 - lower court . . . was ‘agreed to’ and ‘concurred in’ by both the Commonwealth’s Attorney and the defendant and that 2017See Howard v. Commonwealth, 281 Va. 455, 460 , 706 S.E.2d 885, 888 (2011) (applying Code § 19.2-243(4) and concluding that “[o]nce the initial trial date is set, every continuance postpones the trial date regardless of the reason for the continuance or the identity of the moving party” (emphasis added)). 5 The only order in the record dated prior to the April 20, 2016 order is the March 11, 2016 order denying Turner’s motion to exclude, which did not mention a continuance. ‐ 7 - lower court . . . was ‘agreed to’ and ‘concurred in’ by both the Commonwealth’s Attorney and the defendant and that | 1 | 1 |
Stephens v. Commonwealthgreen2 sentences2017Nevertheless, quoting Stephens, 225 Va. at 233-34 , 301 S.E.2d at 27-28 , the Commonwealth argues that Turner’s motion in limine tolled the speedy trial time clock because Turner was the “moving party in a proceeding which necessitated the continuance, and he should not be permitted to take advantage of the delay thus occasioned.” The Commonwealth argues that rather than setting a trial date, the court set a date to hear Turner’s motion. 2017Nevertheless, quoting Stephens, 225 Va. at 233-34 , 301 S.E.2d at 27-28 , the Commonwealth argues that Turner’s motion in limine tolled the speedy trial time clock because Turner was the “moving party in a proceeding which necessitated the continuance, and he should not be permitted to take advantage of the delay thus occasioned.” The Commonwealth argues that rather than setting a trial date, the court set a date to hear Turner’s motion. | 1 | 1 |
Thomas v. Commonwealthgreen2 sentences2011A. SUFFICIENCY OF THE EVIDENCE We examine a trial court’s factfinding “with the highest degree of appellate deference.” Thomas v. Commonwealth, 48 Va.App. 605, 608 , 633 S.E.2d 229, 231 (2006). 2011A. SUFFICIENCY OF THE EVIDENCE We examine a trial court’s factfinding “with the highest degree of appellate deference.” Thomas v. Commonwealth, 48 Va.App. 605, 608 , 633 S.E.2d 229, 231 (2006). | 1 | 1 |
Turner v. Commonwealthgreen2 sentences2004Id. at 740, 741, 747 , 420 S.E.2d at 237, 238, 241 . 2004Id. at 740, 741, 747 , 420 S.E.2d at 237-38 . | 1 | 1 |
Hack v. Nestergreen2 sentences1992Id. at 839 , 188 S.E.2d at 229 ; Hack v. Nester, 241 Va. 499, 503-04 , 404 S.E.2d 42, 43 , rev’d in part upon reh’g, 241 Va. 499, 508-09 , 404 S.E.2d 42, 46-47 (1991). *558 The gist of Turner’s claim of negligent entrustment against Mr. and Mrs. Lotts is that they knew that their son had received three tickets for driving infractions and had been involved in two accidents “to the point where [the Lotts] set up a different insurance policy for the motor vehicle being driven by their son.’’ These facts, as a matter of law, are not sufficient to permit Turner to proceed to a trial on the merits. 1992Id. at 839 , 188 S.E.2d at 229 ; Hack v. Nester, 241 Va. 499, 503-04 , 404 S.E.2d 42, 43 , rev’d in part upon reh’g, 241 Va. 499, 508-09 , 404 S.E.2d 42, 46-47 (1991). *558 The gist of Turner’s claim of negligent entrustment against Mr. and Mrs. Lotts is that they knew that their son had received three tickets for driving infractions and had been involved in two accidents “to the point where [the Lotts] set up a different insurance policy for the motor vehicle being driven by their son.’’ These facts, as a matter of law, are not sufficient to permit Turner to proceed to a trial on the merits. | 1 | 1 |
Denby v. Davis' Administratorgreen2 sentences1992Id. at 839 , 188 S.E.2d at 229 ; Hack v. Nester, 241 Va. 499, 503-04 , 404 S.E.2d 42, 43 , rev’d in part upon reh’g, 241 Va. 499, 508-09 , 404 S.E.2d 42, 46-47 (1991). *558 The gist of Turner’s claim of negligent entrustment against Mr. and Mrs. Lotts is that they knew that their son had received three tickets for driving infractions and had been involved in two accidents “to the point where [the Lotts] set up a different insurance policy for the motor vehicle being driven by their son.’’ These facts, as a matter of law, are not sufficient to permit Turner to proceed to a trial on the merits. 1992Id. at 839 , 188 S.E.2d at 229 ; Hack v. Nester, 241 Va. 499, 503-04 , 404 S.E.2d 42, 43 , rev’d in part upon reh’g, 241 Va. 499, 508-09 , 404 S.E.2d 42, 46-47 (1991). *558 The gist of Turner’s claim of negligent entrustment against Mr. and Mrs. Lotts is that they knew that their son had received three tickets for driving infractions and had been involved in two accidents “to the point where [the Lotts] set up a different insurance policy for the motor vehicle being driven by their son.’’ These facts, as a matter of law, are not sufficient to permit Turner to proceed to a trial on the merits. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cantwell v. Commonwealth
green
2 sentences2017However, because nothing in the record shows that Turner agreed to or concurred in the delay of his trial, or instigated a proceeding which of necessity brought about a delay of his trial, see Cantwell, 2 Va. App. at 611 , 347 S.E.2d at 526 , the trial court erred in denying Turner’s motion to dismiss the felony on speedy trial grounds. 2017However, because nothing in the record shows that Turner agreed to or concurred in the delay of his trial, or instigated a proceeding which of necessity brought about a delay of his trial, see Cantwell, 2 Va. App. at 611 , 347 S.E.2d at 526 , the trial court erred in denying Turner’s motion to dismiss the felony on speedy trial grounds. | 1 | 2017–2017 |
Heath v. Commonwealth
green
2 sentences2017In Heath, the trial court found “that the record does not disclose, and the defendant does not claim, that the defendant objected to the action of the court in fixing the trial date [past the speedy trial deadline].” Id. at 392 , 541 S.E.2d at 908 . 2017In Heath, the trial court found “that the record does not disclose, and the defendant does not claim, that the defendant objected to the action of the court in fixing the trial date [past the speedy trial deadline].” Id. at 392 , 541 S.E.2d at 908 . | 1 | 2017–2017 |
Howard v. Commonwealth
green
2 sentences2017Id. (“A defendant does not waive his right to a speedy trial merely because he remains silent or does not demand that a trial date be set within the prescribed period.”).6 6 The Commonwealth also relies on Howard v. Commonwealth, 55 Va. App. 417 , 686 S.E.2d 537 (2009), aff’d, 281 Va. 455 , 706 S.E.2d 885 (2011), to argue that here, as in Howard, the trial court continued the case sua sponte, without objection from Turner, to consider Turner’s motion. 2017Id. (“A defendant does not waive his right to a speedy trial merely because he remains silent or does not demand that a trial date be set within the prescribed period.”).6 6 The Commonwealth also relies on Howard v. Commonwealth, 55 Va. App. 417 , 686 S.E.2d 537 (2009), aff’d, 281 Va. 455 , 706 S.E.2d 885 (2011), to argue that here, as in Howard, the trial court continued the case sua sponte, without objection from Turner, to consider Turner’s motion. | 1 | 2017–2017 |
Turner v. Lotts
green
1 sentence2012Turner, 244 Va. at 558 . | 1 | 2012–2012 |
Walker v. Mitchell
green
2 sentences2000As we noted in Walker , “in the interests of both the Commonwealth and the accused, the ends of justice dictate the adoption of a rule restricting to habeas corpus proceedings the litigation of claims of ineffective assistance of counsel.” Id. at 570 , 299 S.E.2d at 699 . 2000As we noted in Walker , “in the interests of both the Commonwealth and the accused, the ends of justice dictate the adoption of a rule restricting to habeas corpus proceedings the litigation of claims of ineffective assistance of counsel.” Id. at 570 , 299 S.E.2d at 699 . | 1 | 2000–2000 |
Hack v. Nester
green
2 sentences1992Id. at 839 , 188 S.E.2d at 229 ; Hack v. Nester, 241 Va. 499, 503-04 , 404 S.E.2d 42, 43 , rev’d in part upon reh’g, 241 Va. 499, 508-09 , 404 S.E.2d 42, 46-47 (1991). *558 The gist of Turner’s claim of negligent entrustment against Mr. and Mrs. Lotts is that they knew that their son had received three tickets for driving infractions and had been involved in two accidents “to the point where [the Lotts] set up a different insurance policy for the motor vehicle being driven by their son.’’ These facts, as a matter of law, are not sufficient to permit Turner to proceed to a trial on the merits. 1992Id. at 839 , 188 S.E.2d at 229 ; Hack v. Nester, 241 Va. 499, 503-04 , 404 S.E.2d 42, 43 , rev’d in part upon reh’g, 241 Va. 499, 508-09 , 404 S.E.2d 42, 46-47 (1991). *558 The gist of Turner’s claim of negligent entrustment against Mr. and Mrs. Lotts is that they knew that their son had received three tickets for driving infractions and had been involved in two accidents “to the point where [the Lotts] set up a different insurance policy for the motor vehicle being driven by their son.’’ These facts, as a matter of law, are not sufficient to permit Turner to proceed to a trial on the merits. | 1 | 1992–1992 |
Turner v. Commonwealth
green
2 sentences1977Id. 1977Id. | 1 | 1977–1977 |
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.