54 Virginia opinions name it 8 courts 1918–2024 5 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 |
|---|---|---|
Massey Builders Supply Corp. v. Colgangreen2 sentences2017However, claimant “bears the burden of proving his claim was timely filed.” Massey Builders Supply Corp. v. Colgan, 36 Va. App. 496, 502 , 553 S.E.2d 146, 149 (2001). 2017However, claimant “bears the burden of proving his claim was timely filed.” Massey Builders Supply Corp. v. Colgan, 36 Va. App. 496, 502 , 553 S.E.2d 146, 149 (2001). | 6 | 7 |
Taylor v. Commonwealthgreen2 sentences2024“The defendant bears the burden of proving the defense by a preponderance of the evidence.” Brown v. Commonwealth, 68 Va. App. 746, 795 (2018); see also Taylor v. Commonwealth, 208 Va. 316, 322 (1967) (“In Virginia, every man is presumed to be sane until the contrary is made to appear and when insanity is relied upon as a defense in a criminal prosecution, it must be proved by the defendant to the satisfaction of the [fact finder]. 2023“The defendant bears the burden of proving the defense by a preponderance of the evidence.” Id. (citing White v. Commonwealth, 46 Va. App. 123, 129 (2005) (en banc)); see also Taylor v. Commonwealth, 208 Va. 316, 322 (1967) (“In Virginia, every man is presumed to be sane until the contrary is made to appear and when insanity is relied upon as a defense in a criminal prosecution, it must be proved by the defendant to the satisfaction of the [fact finder]. | 3 | 4 |
Johnson v. Paul Johnson Plastering & National Surety Corp.green2 sentences2005See Johnson v. Paul Johnson Plastering, 37 Va.App. 716, 723 , 561 S.E.2d 40, 43 (2002) (citing Massey Builders Supply Corp. v. Colgan, 36 Va.App. 496, 502 , 553 S.E.2d 146, 149 (2001)). 2005See Johnson v. Paul Johnson Plastering, 37 Va.App. 716, 723 , 561 S.E.2d 40, 43 (2002) (citing Massey Builders Supply Corp. v. Colgan, 36 Va.App. 496, 502 , 553 S.E.2d 146, 149 (2001)). | 3 | 3 |
White v. Commonwealthgreen2 sentences2023“The defendant bears the burden of proving the defense by a preponderance of the evidence.” Id. (citing White v. Commonwealth, 46 Va. App. 123, 129 (2005) (en banc)); see also Taylor v. Commonwealth, 208 Va. 316, 322 (1967) (“In Virginia, every man is presumed to be sane until the contrary is made to appear and when insanity is relied upon as a defense in a criminal prosecution, it must be proved by the defendant to the satisfaction of the [fact finder]. 2018White v. Commonwealth, 46 Va. App. 123, 129 , 616 S.E.2d 49, 52 (2005) (en banc); see also Taylor v. Commonwealth, 208 Va. 316, 322 , 157 S.E.2d 185, 189-90 (1967) (“In Virginia, every man is presumed to be sane until the contrary is made to appear and when insanity is relied upon as a defense in a criminal prosecution, it must be proved by the defendant to the satisfaction of the jury. | 2 | 2 |
W. Pettus Gilman v. Judith Cochrane Gilmangreen2 sentences2019The party claiming that property acquired during the marriage is separate property bears the burden of proving that claim, Gilman v. Gilman, 32 Va. App. 104, 116 (2000), and “if the property does not fall within the definition of separate property it must be classified as marital property,” Garland v. Garland, 12 Va. App. 192, 196 (1991). 2018The party claiming that property acquired during the marriage is separate property bears the burden of proving that claim, Gilman v. Gilman, 32 Va. App. 104, 116 , 526 S.E.2d 763, 769 (2000), and “if the property does not fall within the definition of separate property it must be classified as marital property,” Garland v. Garland, 12 Va. App. 192, 196 , 403 S.E.2d 4, 7 (1991). | 2 | 2 |
Garland v. Garlandgreen2 sentences2019The party claiming that property acquired during the marriage is separate property bears the burden of proving that claim, Gilman v. Gilman, 32 Va. App. 104, 116 (2000), and “if the property does not fall within the definition of separate property it must be classified as marital property,” Garland v. Garland, 12 Va. App. 192, 196 (1991). 2018The party claiming that property acquired during the marriage is separate property bears the burden of proving that claim, Gilman v. Gilman, 32 Va. App. 104, 116 , 526 S.E.2d 763, 769 (2000), and “if the property does not fall within the definition of separate property it must be classified as marital property,” Garland v. Garland, 12 Va. App. 192, 196 , 403 S.E.2d 4, 7 (1991). | 2 | 2 |
Garcia v. Mantech International Corp.green2 sentences2016“Despite requiring the timely filing of a ‘claim,’ the Act ‘does not give a definition of “claim.”’” Id. at 503 , 553 S.E.2d at 150 (quoting Garcia v. Mantech Int’l Corp., 2 Va. App. 749, 752 , 347 S.E.2d 548, 550 (1986)). 2016“Despite requiring the timely filing of a ‘claim,’ the Act ‘does not give a definition of “claim.”’” Id. at 503 , 553 S.E.2d at 150 (quoting Garcia v. Mantech Int’l Corp., 2 Va. App. 749, 752 , 347 S.E.2d 548, 550 (1986)). | 2 | 2 |
Joyner v. Commonwealthgreen2 sentences2010See Joyner v. Commonwealth, 192 Va. 471, 476-78 , 65 S.E.2d 555, 558-59 (1951). 2010See Joyner v. Commonwealth, 192 Va. 471, 476-78 , 65 S.E.2d 555, 558-59 (1951). | 2 | 2 |
Church v. Commonwealthgreen2 sentences1995Compliance with these sections may provide prima facie evidence of *197 a waiver; noncompliance may make more difficult the Commonwealth’s burden of proving waiver); see also Church, 230 Va. at 215 , 335 S.E.2d at 828 ; Superintendent of the Powhatan Correctional Ctr. v. Barnes, 221 Va. 780, 784-85 , 273 S.E.2d 558, 561 (1981). 1995Compliance with these sections may provide prima facie evidence of *197 a waiver; noncompliance may make more difficult the Commonwealth’s burden of proving waiver); see also Church, 230 Va. at 215 , 335 S.E.2d at 828 ; Superintendent of the Powhatan Correctional Ctr. v. Barnes, 221 Va. 780, 784-85 , 273 S.E.2d 558, 561 (1981). | 2 | 2 |
Russell Ervin Brown, III v. Commonwealth of Virginiagreen2 sentences2024“The defendant bears the burden of proving the defense by a preponderance of the evidence.” Brown v. Commonwealth, 68 Va. App. 746, 795 (2018); see also Taylor v. Commonwealth, 208 Va. 316, 322 (1967) (“In Virginia, every man is presumed to be sane until the contrary is made to appear and when insanity is relied upon as a defense in a criminal prosecution, it must be proved by the defendant to the satisfaction of the [fact finder]. 2023“The defendant ‘bears the burden of proving the defense [of insanity] by a preponderance of the evidence.’” Id. at 449 (alteration in original) (quoting Brown, 68 Va. App. at 795 ). | 1 | 3 |
Chapman v. Californiared2 sentences2011Chapman v. California, 386 U.S. 18, 24 , 87 S. Ct. 824, 828 , 17 L. 2011Chapman v. California, 386 U.S. 18, 24 , 87 S. Ct. 824, 828 , 17 L. | 1 | 2 |
State Board of Health v. Godfreygreen2 sentences2005Code § 2.2-4027; Aegis Waste Solutions, Inc. v. Concerned Taxpayers of Brunswick County, 261 Va. 395 , 403, 544 S.E.2d 660 , 665 (2001); State Bd. of Health v. Godfrey, 223 Va. 423 , 432-33, 290 S.E.2d 875 , 879-80 (1982). 2005Code § 2.2-4027; Aegis Waste Solutions, Inc. v. Concerned Taxpayers of Brunswick County, 261 Va. 395 , 403, 544 S.E.2d 660 , 665 (2001); State Bd. of Health v. Godfrey, 223 Va. 423 , 432-33, 290 S.E.2d 875 , 879-80 (1982). | 1 | 2 |
AEGIS Waste Solutions, Inc. v. Concerned Taxpayersgreen2 sentences2005Code § 2.2-4027; Aegis Waste Solutions, Inc. v. Concerned Taxpayers of Brunswick County, 261 Va. 395 , 403, 544 S.E.2d 660 , 665 (2001); State Bd. of Health v. Godfrey, 223 Va. 423 , 432-33, 290 S.E.2d 875 , 879-80 (1982). 2005Code § 2.2-4027; Aegis Waste Solutions, Inc. v. Concerned Taxpayers of Brunswick County, 261 Va. 395 , 403, 544 S.E.2d 660 , 665 (2001); State Bd. of Health v. Godfrey, 223 Va. 423 , 432-33, 290 S.E.2d 875 , 879-80 (1982). | 1 | 2 |
Hendrix v. Daughertygreen1 sentence2024See Hendrix v. Daugherty, 249 Va. 540, 544 (1995) (noting that a plaintiff asserting a claim for legal malpractice “must plead and prove” the elements of their case, including that a relationship existed giving rise to the duty alleged). -9- Through those records, OnderLaw had “full knowledge of what products had been used in [Trent’s] surgeries”; therefore, Trent alleged that OnderLaw knew that an Attune device was not used in Trent’s surgeries and that the claim they were investigating was nonexistent. | 1 | 1 |
Harris v. Lynchburg Division of Social Servicesgreen1 sentence2022Servs., 223 Va. 235, 243 (1982); see also Toms v. Hanover Dep’t of Soc. | 1 | 1 |
Lemke v. Commonwealthgreen1 sentence2020Lemke v. Commonwealth, 218 Va. 870, 873 (1978). | 1 | 1 |
Byrd v. Stonega Coke & Coal Co.green2 sentences2019See Byrd v. Stonega Coke & Coal Co. , 182 Va. 212 , 219, 28 S.E.2d 725 (1944) ("[T]he claimant must carry the burden of proving his claim."). 2019See Byrd v. Stonega Coke & Coal Co. , 182 Va. 212 , 219, 28 S.E.2d 725 (1944) ("[T]he claimant must carry the burden of proving his claim."). | 1 | 1 |
DePriest v. Commonwealthgreen2 sentences2013See DePriest v. Commonwealth, 4 Va.App. 577, 583, 359 S.E.2d 540, 543 (1987) (finding that the burden is on appellant to show that the trial court erred); cf. Montgomery v. Commonwealth, 56 Va.App. 695, 702 , 696 S.E.2d 261, 264 (2010) ("[T]he principle is well established that the Commonwealth bears the burden of proving the error *548 was harmless.”). 2013See DePriest v. Commonwealth, 4 Va.App. 577, 583, 359 S.E.2d 540, 543 (1987) (finding that the burden is on appellant to show that the trial court erred); cf. Montgomery v. Commonwealth, 56 Va.App. 695, 702 , 696 S.E.2d 261, 264 (2010) ("[T]he principle is well established that the Commonwealth bears the burden of proving the error *548 was harmless.”). | 1 | 1 |
Montgomery v. Commonwealthgreen2 sentences2013See DePriest v. Commonwealth, 4 Va.App. 577, 583, 359 S.E.2d 540, 543 (1987) (finding that the burden is on appellant to show that the trial court erred); cf. Montgomery v. Commonwealth, 56 Va.App. 695, 702 , 696 S.E.2d 261, 264 (2010) ("[T]he principle is well established that the Commonwealth bears the burden of proving the error *548 was harmless.”). 2013See DePriest v. Commonwealth, 4 Va.App. 577, 583, 359 S.E.2d 540, 543 (1987) (finding that the burden is on appellant to show that the trial court erred); cf. Montgomery v. Commonwealth, 56 Va.App. 695, 702 , 696 S.E.2d 261, 264 (2010) ("[T]he principle is well established that the Commonwealth bears the burden of proving the error *548 was harmless.”). | 1 | 1 |
Modern Environments, Inc. v. Stinnettgreen2 sentences2012Modern Env'ts, Inc. v. Stinnett, 263 Va. 491, 493 , 561 S.E.2d 694, 695 (2002). 2012Modern Env'ts, Inc. v. Stinnett, 263 Va. 491, 493 , 561 S.E.2d 694, 695 (2002). | 1 | 1 |
Martin v. Commonwealthgreen2 sentences2009See Martin v. Commonwealth, 13 Va. App. 524, 529 , 414 S.E.2d 401, 403 (1992) (en banc) (“[The Commonwealth] is burdened with proving beyond a reasonable doubt each and every constituent element of a crime before an accused may stand convicted of that particular offense.”). 2009See Martin v. Commonwealth, 13 Va. App. 524, 529 , 414 S.E.2d 401, 403 (1992) (en banc) (“[The Commonwealth] is burdened with proving beyond a reasonable doubt each and every constituent element of a crime before an accused may stand convicted of that particular offense.”). | 1 | 1 |
Tuck v. Goodyear Tire & Rubber Co.green2 sentences2008Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005) (citations omitted). 2008Tuck v. Goodyear Tire & Rubber Co., 47 Va. App. 276, 284 , 623 S.E.2d 433, 437 (2005) (citations omitted). | 1 | 1 |
| Lynchburg Foundry Co. v. McDanielgreen | 1 | 1 |
| Shawley v. Shea-Ball Construction Co.green | 1 | 1 |
North Carolina v. Butlerred1 sentence2006North Carolina v. Butler, 441 U.S. 369, 374-75 (1979). 2 Code § 19.2-160 states, If the charge against the accused is a crime the penalty for which may be incarceration, and the accused is not represented by counsel, the court shall ascertain by oral examination of the accused whether or not the accused desires to waive his right to counsel. | 1 | 1 |
| Binswanger Glass Co. v. Wallacegreen | 1 | 1 |
| Lamb v. Commonwealthgreen | 1 | 1 |
| Izadpanah v. Boeing Joint Venturegreen | 1 | 1 |
| Banes v. Pulaski Department of Social Servicesgreen | 1 | 1 |
| Hope v. Commonwealthgreen | 1 | 1 |
| Hensley v. Eckerhartgreen | 1 | 1 |
| Superintendent of Powhatan Correctional Center v. Barnesgreen | 1 | 1 |
| Devine v. Commonwealthgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sentara Leigh Hospital v. Nichols
green
2 sentences2001Id. at 636 , 414 S.E.2d at 430 . 2001Id. at 636 , 414 S.E.2d at 430 . | 2 | 2001–2001 |
Shifflett v. Commonwealth
green
1 sentence2023“The defendant bears the burden of proving the defense by a preponderance of the evidence.” Id. (citing White v. Commonwealth, 46 Va. App. 123, 129 (2005) (en banc)); see also Taylor v. Commonwealth, 208 Va. 316, 322 (1967) (“In Virginia, every man is presumed to be sane until the contrary is made to appear and when insanity is relied upon as a defense in a criminal prosecution, it must be proved by the defendant to the satisfaction of the [fact finder]. | 1 | 2023–2023 |
GRAYSON (COUNTY OF) SCHOOL BOARD v. Cornett
green
1 sentence2020“Timely filing of an original claim is mandatory, and a claimant bears the burden of proving his claim is timely filed.” Id. | 1 | 2020–2020 |
Corporate Resource Management Inc. v. Southers
green
2 sentences2017“Whether the information filed with the commission is sufficient to constitute a timely filed claim for a particular injury is -3- a question of fact, and the commission's finding will not be disturbed on appeal if supported by credible evidence.” Southers, 51 Va. App. at 127 , 655 S.E.2d at 38 . 2017“Whether the information filed with the commission is sufficient to constitute a timely filed claim for a particular injury is -3- a question of fact, and the commission's finding will not be disturbed on appeal if supported by credible evidence.” Southers, 51 Va. App. at 127 , 655 S.E.2d at 38 . | 1 | 2017–2017 |
Whitley v. Commonwealth
green
1 sentence2013Id. | 1 | 2013–2013 |
Harris v. LYNCHBURG DIVISION OF SOC. SERV.
green
1 sentence2013And in the absence of such proof, reversal of a termination order is required.” Id. at 243, 288 S.E.2d at 414 . | 1 | 2013–2013 |
1924 Leonard Road, L.L.C. v. Van Roekel
green
1 sentence2008Id. at 559 . | 1 | 2008–2008 |
| Morris v. Mosby green | 1 | 2006–2006 |
| Harris v. Commonwealth green | 1 | 2006–2006 |
| Stewart v. Lady green | 1 | 2006–2006 |
| C & E PARTNERSHIP v. Donnelly green | 1 | 2005–2005 |
| Maximus, Inc. v. Lockheed Information Management Systems Co. green | 1 | 1999–1999 |
| Heacock v. Commonwealth green | 1 | 1996–1996 |
| Stillwell v. Commonwealth green | 1 | 1996–1996 |
| Trailsend Land Co. v. Virginia Holding Corp. green | 1 | 1992–1992 |
| Miller v. Tomlinson green | 1 | 1983–1983 |
| Canty v. Wyatt Storage Corp. green | 1 | 1983–1983 |
| Glenn v. Haynes green | 1 | 1983–1983 |
| Revenue Aero Club, Inc. v. Alexandria Airport, Inc. green | 1 | 1983–1983 |
| United States v. Vuitch green | 1 | 1981–1981 |
| Norfolk Presbytery v. Bollinger green | 1 | 1980–1980 |
| cluster 354091 green | 1 | 1978–1978 |
| McKelvey v. United States green | 1 | 1974–1974 |
| Shiflett's Administratrix v. Virginia Railway & Power Co. neutral | 1 | 1950–1950 |
| Rudlin v. Parker neutral | 1 | 1950–1950 |
| Goldsmith & Co. v. Latz green | 1 | 1918–1918 |
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.