admission error (Virginia) · Go Syfert
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admission error in Virginia

7 Virginia opinions name it 2 courts 1995–2023 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.

Followed or applied (7)

CaseFollowedCited
Rollins v. Commonwealthgreen
vactapp · 2001 · cited in 2 Virginia opinions naming this issue, 2005–2023
2 sentences

2023See Code § 18.2-268.9(B)(i). -8- Again, “substantial compliance is sufficient for the admission of the test results.” Henry v. Commonwealth, 44 Va. App. 702, 708 (2005); see also Shelton v. Commonwealth, 45 Va. App. 175, 180 (2005) (“We have even applied substantial compliance in cases where the statutory violation may have affected the reliability of the test results.”); Rollins v. Commonwealth, 37 Va. App. 73, 80 (2001) (“[T]he legislature did not intend that strict compliance with the breath- test methods approved by [DFS] be a prerequisite for the admission into evidence of the results of

2005See Cutright v. Commonwealth, 43 Va.App. 593, 600-01 , 601 S.E.2d 1, 4-5 (2004); Rollins, 37 Va.App. at 80 , 554 S.E.2d at 103 ; Snider v. Commonwealth, 26 Va.App. 729, 732 , 496 S.E.2d 665, 666 (1998).

12
Henry v. Commonwealthgreen
vactapp · 2005 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023See Code § 18.2-268.9(B)(i). -8- Again, “substantial compliance is sufficient for the admission of the test results.” Henry v. Commonwealth, 44 Va. App. 702, 708 (2005); see also Shelton v. Commonwealth, 45 Va. App. 175, 180 (2005) (“We have even applied substantial compliance in cases where the statutory violation may have affected the reliability of the test results.”); Rollins v. Commonwealth, 37 Va. App. 73, 80 (2001) (“[T]he legislature did not intend that strict compliance with the breath- test methods approved by [DFS] be a prerequisite for the admission into evidence of the results of

11
Frank Glading Shelton v. Commonwealthgreen
vactapp · 2005 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023See Code § 18.2-268.9(B)(i). -8- Again, “substantial compliance is sufficient for the admission of the test results.” Henry v. Commonwealth, 44 Va. App. 702, 708 (2005); see also Shelton v. Commonwealth, 45 Va. App. 175, 180 (2005) (“We have even applied substantial compliance in cases where the statutory violation may have affected the reliability of the test results.”); Rollins v. Commonwealth, 37 Va. App. 73, 80 (2001) (“[T]he legislature did not intend that strict compliance with the breath- test methods approved by [DFS] be a prerequisite for the admission into evidence of the results of

11
Schindel v. Commonwealthgreen
va · 1979 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011See Schindel v. Commonwealth, 219 Va. 814, 817 , 252 S.E.2d 302, 304 (1979).

2011See Schindel v. Commonwealth, 219 Va. 814, 817 , 252 S.E.2d 302, 304 (1979).

11
Cutright v. Commonwealthgreen
vactapp · 2004 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005See Cutright v. Commonwealth, 43 Va.App. 593, 600-01 , 601 S.E.2d 1, 4-5 (2004); Rollins, 37 Va.App. at 80 , 554 S.E.2d at 103 ; Snider v. Commonwealth, 26 Va.App. 729, 732 , 496 S.E.2d 665, 666 (1998).

2005See Cutright v. Commonwealth, 43 Va.App. 593, 600-01 , 601 S.E.2d 1, 4-5 (2004); Rollins, 37 Va.App. at 80 , 554 S.E.2d at 103 ; Snider v. Commonwealth, 26 Va.App. 729, 732 , 496 S.E.2d 665, 666 (1998).

11
Snider v. Commonwealthgreen
vactapp · 1998 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005See Cutright v. Commonwealth, 43 Va.App. 593, 600-01 , 601 S.E.2d 1, 4-5 (2004); Rollins, 37 Va.App. at 80 , 554 S.E.2d at 103 ; Snider v. Commonwealth, 26 Va.App. 729, 732 , 496 S.E.2d 665, 666 (1998).

2005See Cutright v. Commonwealth, 43 Va.App. 593, 600-01 , 601 S.E.2d 1, 4-5 (2004); Rollins, 37 Va.App. at 80 , 554 S.E.2d at 103 ; Snider v. Commonwealth, 26 Va.App. 729, 732 , 496 S.E.2d 665, 666 (1998).

11
Washington v. Com.green
va · 1984 · cited in 1 Virginia opinions naming this issue, 1995–1995
1 sentence

1995Washington v. Commonwealth, 228 Va. 535, 550 , 323 S.E.2d 577, 587 (1984), cert. denied, 471 U.S. 1111 (1985).

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 (5)

CaseCitedYears
Kirby v. Commonwealth green
va · 1883
2 sentences

2003Id. “[That] decision was in conformity with the terms of the statute ... then in force; and it was doubtless to meet the effect of that decision that the statute was subsequently amended by adding the words, ‘unless such statement was made when examined as a witness in his own behalf.’ ” Thaniel, 132 Va. at 802 , 111 S.E. at 261 .

2003Id. "[That] decision was in conformity with the terms of the statute ... then in force; and it was doubtless to meet the effect of that decision that the statute was subsequently amended by adding the words, `unless such statement was made when examined as a witness in his own behalf.'" Thaniel, 132 Va. at 802 , 111 S.E. at 261 .

22003–2003
Thaniel v. Commonwealth green
va · 1922
2 sentences

2003Id. "[That] decision was in conformity with the terms of the statute ... then in force; and it was doubtless to meet the effect of that decision that the statute was subsequently amended by adding the words, `unless such statement was made when examined as a witness in his own behalf.'" Thaniel, 132 Va. at 802 , 111 S.E. at 261 .

2003Id. "[That] decision was in conformity with the terms of the statute ... then in force; and it was doubtless to meet the effect of that decision that the statute was subsequently amended by adding the words, `unless such statement was made when examined as a witness in his own behalf.'" Thaniel, 132 Va. at 802 , 111 S.E. at 261 .

22003–2003
Gooch v. Gooch green
va · 1922
1 sentence

2006Nevertheless, in dictum, we stated that the admission of this clause was harmless error because the handwriting of the testator was "complete and entire in itself." Id.

12006–2006
Baldwin-United Corp. v. Eubanks green
scotus · 1985
1 sentence

1995Washington v. Commonwealth, 228 Va. 535, 550 , 323 S.E.2d 577, 587 (1984), cert. denied, 471 U.S. 1111 (1985).

11995–1995
Washington v. Commonwealth green
va · 1984
1 sentence

1995Washington v. Commonwealth, 228 Va. 535, 550 , 323 S.E.2d 577, 587 (1984), cert. denied, 471 U.S. 1111 (1985).

11995–1995

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-266 (3)

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.

Where else courts name it

CA 146 (1889–2026) IL 95 (1894–2026) NY 59 (1927–2026) PA 48 (1973–2026) TX 45 (1908–2025) OH 44 (1967–2024) MO 36 (1892–2019) FL 28 (1941–2025) GA 26 (1900–2023) UT 22 (1979–2025) IN 21 (1887–2023) OK 20 (1941–2010) TN 20 (1926–2025) NC 19 (1900–2021) MI 19 (1922–2026) AZ 17 (1923–2024) AL 17 (1870–2006) MA 17 (1906–2026) NJ 16 (1915–2021) MD 15 (1984–2016) WA 14 (1914–2011) CT 14 (1990–2015) LA 14 (1954–2020) ND 13 (1984–2023) MS 13 (1971–2023) WI 12 (1884–2021) VT 9 (1996–2024) ME 9 (1989–2020) IA 9 (1957–2014) KS 8 (1917–2025) OR 8 (1922–2026) CO 8 (1957–2024) AR 8 (1920–2015) SD 8 (1968–2021) VA 7 (1995–2023) DC 7 (1985–2004) RI 7 (1937–2008) MN 7 (1983–2009) SC 7 (1926–2024) ID 6 (1993–2017) NE 6 (1936–2026) WV 6 (1938–2012) HI 5 (1987–2025) NM 5 (1959–2007) NV 4 (1967–2022) NH 4 (1994–2012) DE 3 (1960–2024) WY 3 (1929–1993) KY 2 (2014–2019) AK 2 (1980–1984) GU 2 (2023–2023)

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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