Collins motion (Virginia) · Go Syfert
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Collins motion in Virginia

7 Virginia opinions name it 2 courts 2001–2025 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
Bowling v. Commonwealthgreen
vactapp · 2007 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Bowling v. Commonwealth, 51 Va. App. 102, 106 (2007) (defendant’s motion to strike failure to appear charge, which did not contest proof of notice of date of sentencing hearing, barred appellate review of that argument).

11
In re McCloskeygreen
nj · 2012 · cited in 1 Virginia opinions naming this issue, 2016–2016
1 sentence

2016If a police officer lawfully stops a known felon and sees a pistol-shaped bulge in the pocket of a coat he is carrying and the grip of a pistol protrudes from the opening, the search that will ensue is one of the coat , not of the pistol , even if the search of the coat is for the pistol and a purpose of the search is to obtain the pistol's serial number, which replicates an automobile's vehicle identification number in this example. 18 U.S.C. § 923 (i) (requiring all licensed firearms manufacturers or importers to engrave or cast a serial number on the receiver or frame of a firearm); 27 C.F.

11
State v. Harrisgreen
nj · 2012 · cited in 1 Virginia opinions naming this issue, 2016–2016
1 sentence

2016If a police officer lawfully stops a known felon and sees a pistol-shaped bulge in the pocket of a coat he is carrying and the grip of a pistol protrudes from the opening, the search that will ensue is one of the coat , not of the pistol , even if the search of the coat is for the pistol and a purpose of the search is to obtain the pistol's serial number, which replicates an automobile's vehicle identification number in this example. 18 U.S.C. § 923 (i) (requiring all licensed firearms manufacturers or importers to engrave or cast a serial number on the receiver or frame of a firearm); 27 C.F.

11
Bowman v. Virginia State Entomologistgreen
· 1920 · cited in 1 Virginia opinions naming this issue, 2015–2015
2 sentences

2015At the outset, we reiterate the well-established principle that “duly enacted laws are presumed constitutional.” Freeman v. Commonwealth, 65 Va. App. 407 , __, 778 S.E.2d 519 , __ (2015) (quoting Chianelli v. Commonwealth, 64 Va. App. 632, 642 , 770 S.E.2d 778, 783 (2015)); Bowman v. Va. State Entomologist, 128 Va. 351, 375 , 105 S.E. 141, 149 (1920) (“Every statute is presumed to have been enacted in accordance with the constitutional requirements until the contrary is made to appear.”).

2015At the outset, we reiterate the well-established principle that “duly enacted laws are presumed constitutional.” Freeman v. Commonwealth, 65 Va. App. 407 , __, 778 S.E.2d 519 , __ (2015) (quoting Chianelli v. Commonwealth, 64 Va. App. 632, 642 , 770 S.E.2d 778, 783 (2015)); Bowman v. Va. State Entomologist, 128 Va. 351, 375 , 105 S.E. 141, 149 (1920) (“Every statute is presumed to have been enacted in accordance with the constitutional requirements until the contrary is made to appear.”).

11
Robert Chianelli, Sr. v. Commonwealth of Virginiagreen
vactapp · 2015 · cited in 1 Virginia opinions naming this issue, 2015–2015
2 sentences

2015At the outset, we reiterate the well-established principle that “duly enacted laws are presumed constitutional.” Freeman v. Commonwealth, 65 Va. App. 407 , __, 778 S.E.2d 519 , __ (2015) (quoting Chianelli v. Commonwealth, 64 Va. App. 632, 642 , 770 S.E.2d 778, 783 (2015)); Bowman v. Va. State Entomologist, 128 Va. 351, 375 , 105 S.E. 141, 149 (1920) (“Every statute is presumed to have been enacted in accordance with the constitutional requirements until the contrary is made to appear.”).

2015At the outset, we reiterate the well-established principle that “duly enacted laws are presumed constitutional.” Freeman v. Commonwealth, 65 Va. App. 407 , __, 778 S.E.2d 519 , __ (2015) (quoting Chianelli v. Commonwealth, 64 Va. App. 632, 642 , 770 S.E.2d 778, 783 (2015)); Bowman v. Va. State Entomologist, 128 Va. 351, 375 , 105 S.E. 141, 149 (1920) (“Every statute is presumed to have been enacted in accordance with the constitutional requirements until the contrary is made to appear.”).

11
Cypress v. Com.green
va · 2010 · cited in 1 Virginia opinions naming this issue, 2011–2011
1 sentence

2011See Cypress v. Commonwealth, 280 Va. 305 , 314-15, 317-18, 699 S.E.2d 206, 211, 213 (2010).

11
Berean Law Group, P.C. v. Coxgreen
va · 2000 · cited in 1 Virginia opinions naming this issue, 2007–2007
2 sentences

2007See Berean Law Group, P.C. v. Cox, 259 Va. 622 , 627, 528 S.E.2d 108 , 111 (2000) (holding that an oral ruling of a court cannot nullify its written order); Wagner v. Shird, 257 Va. 584 , 588, 514 S.E.2d 613 , 615 (1999) (holding that an agreement of parties extending stay cannot change terms of court's written order).

2007See Berean Law Group, P.C. v. Cox, 259 Va. 622 , 627, 528 S.E.2d 108 , 111 (2000) (holding that an oral ruling of a court cannot nullify its written order); Wagner v. Shird, 257 Va. 584 , 588, 514 S.E.2d 613 , 615 (1999) (holding that an agreement of parties extending stay cannot change terms of court's written order).

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 (4)

CaseCitedYears
William Edward Freeman, Jr. v. Commonwealth of Virginia green
vactapp · 2015
2 sentences

2015At the outset, we reiterate the well-established principle that “duly enacted laws are presumed constitutional.” Freeman v. Commonwealth, 65 Va. App. 407 , __, 778 S.E.2d 519 , __ (2015) (quoting Chianelli v. Commonwealth, 64 Va. App. 632, 642 , 770 S.E.2d 778, 783 (2015)); Bowman v. Va. State Entomologist, 128 Va. 351, 375 , 105 S.E. 141, 149 (1920) (“Every statute is presumed to have been enacted in accordance with the constitutional requirements until the contrary is made to appear.”).

2015At the outset, we reiterate the well-established principle that “duly enacted laws are presumed constitutional.” Freeman v. Commonwealth, 65 Va. App. 407 , __, 778 S.E.2d 519 , __ (2015) (quoting Chianelli v. Commonwealth, 64 Va. App. 632, 642 , 770 S.E.2d 778, 783 (2015)); Bowman v. Va. State Entomologist, 128 Va. 351, 375 , 105 S.E. 141, 149 (1920) (“Every statute is presumed to have been enacted in accordance with the constitutional requirements until the contrary is made to appear.”).

12015–2015
Moore v. Com. green
va · 2006
2 sentences

2007The Commonwealth contends the trial court erred by concluding the weapon should be suppressed, as a matter of law, pursuant to Moore v. Commonwealth, 272 Va. 717 , 636 S.E.2d 395 (2006), cert. granted, ___U.S.___ (Sept. 25, 2007) (No. 06-1082).

2007The Commonwealth contends the trial court erred by concluding the weapon should be suppressed, as a matter of law, pursuant to Moore v. Commonwealth, 272 Va. 717 , 636 S.E.2d 395 (2006), cert. granted, ___U.S.___ (Sept. 25, 2007) (No. 06-1082).

12007–2007
Wagner v. Shird green
va · 1999
2 sentences

2007See Berean Law Group, P.C. v. Cox, 259 Va. 622 , 627, 528 S.E.2d 108 , 111 (2000) (holding that an oral ruling of a court cannot nullify its written order); Wagner v. Shird, 257 Va. 584 , 588, 514 S.E.2d 613 , 615 (1999) (holding that an agreement of parties extending stay cannot change terms of court's written order).

2007See Berean Law Group, P.C. v. Cox, 259 Va. 622 , 627, 528 S.E.2d 108 , 111 (2000) (holding that an oral ruling of a court cannot nullify its written order); Wagner v. Shird, 257 Va. 584 , 588, 514 S.E.2d 613 , 615 (1999) (holding that an agreement of parties extending stay cannot change terms of court's written order).

12007–2007
Mayberry v. Alcoa Buildings Products green
vactapp · 1994
2 sentences

2001We concluded that the claim was barred by the statute of limitations "[b]ecause Mayberry did not file a timely application or demonstrate any disability during the two year period . . . ." Id. at 20 , 441 S.E.2d at 350 . - 3 - Collins could not prove an "awardable" work incapacity until Dr. Moore's January 25, 2000 work restrictions, which was beyond the two-year period, Collins' claim is time barred.

2001We concluded that the claim was barred by the statute of limitations "[b]ecause Mayberry did not file a timely application or demonstrate any disability during the two year period . . . ." Id. at 20 , 441 S.E.2d at 350 . - 3 - Collins could not prove an "awardable" work incapacity until Dr. Moore's January 25, 2000 work restrictions, which was beyond the two-year period, Collins' claim is time barred.

12001–2001

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (5)

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

IL 74 (1980–2026) IN 39 (1975–2025) CA 38 (1972–2024) GA 18 (1977–2022) OH 16 (1997–2020) TX 13 (1982–2014) AL 9 (1991–2025) MS 9 (1994–2021) FL 8 (1984–2022) VA 7 (2001–2025) KS 7 (1936–2026) PA 7 (2002–2022) MO 6 (1990–2022) MT 6 (2001–2023) ME 5 (1974–1992) MD 5 (1986–2025) NC 4 (1996–2025) KY 4 (2010–2024) NE 3 (2020–2026) WA 3 (1986–2021) NY 3 (1999–2023) MI 2 (1958–1975) CO 2 (1992–2025) LA 2 (2000–2013) MA 2 (1985–2013)

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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