granted assignment error (Virginia) · Go Syfert
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granted assignment error in Virginia

7 Virginia opinions name it 2 courts 2014–2025 2 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
Hudson v. Pillowgreen
va · 2001 · cited in 2 Virginia opinions naming this issue, 2014–2015
2 sentences

2015This is because non-substantive alterations "do not permit the appellant to argue a different issue on appeal," and thus "we may properly consider [such] modified assignments of error." Id.; see also, e.g., Hudson v. Pillow, 261 Va. 296 , 301-02, 541 S.E.2d 556 , 560 (2001).

2015This is because non-substantive alterations "do not permit the appellant to argue a different issue on appeal," and thus "we may properly consider [such] modified assignments of error." Id.; see also, e.g., Hudson v. Pillow, 261 Va. 296 , 301-02, 541 S.E.2d 556 , 560 (2001).

22
Clifford v. Com.green
va · 2007 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Clifford, 274 Va. at 25 (applying Rule 5A:12); Osman v. Commonwealth, 76 Va. App. 613 , 672 (2023) (observing that “appellate review of an objection not ‘stated with reasonable certainty at the time of the ruling’ by the trial court” is “preclude[d]” (quoting Rule 5A:18)); Jones v. Commonwealth, 71 Va. App. 597 , 607 n.9 (2020) (noting that this Court does not apply the good-cause and ends-of-justice exceptions to Rule 5A:18 sua sponte).

11
Smith v. Hyltongreen
vactapp · 1992 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022Cf. Henderson v. Cook, 297 Va. 699 , 707 (2019) (recognizing that in an appeal by petition, the appellate court can permit the amendment of a granted assignment of error); Riner v. Commonwealth, 40 Va. App. 440, 454-55 (2003) (concluding that the Court may “exercise[e] jurisdiction over assignments of error added to the petition, with leave of court, at a later date” provided that “the Court has acquired jurisdiction over the appeal via timely filing of the original petition for appeal”), aff’d on other grounds, 268 Va. 296 (2004). -8- ‘prejudiced’ the proffering party.” Id. (quoting Molina, 4

11
Riner v. Commonwealthgreen
vactapp · 2003 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022Cf. Henderson v. Cook, 297 Va. 699 , 707 (2019) (recognizing that in an appeal by petition, the appellate court can permit the amendment of a granted assignment of error); Riner v. Commonwealth, 40 Va. App. 440, 454-55 (2003) (concluding that the Court may “exercise[e] jurisdiction over assignments of error added to the petition, with leave of court, at a later date” provided that “the Court has acquired jurisdiction over the appeal via timely filing of the original petition for appeal”), aff’d on other grounds, 268 Va. 296 (2004). -8- ‘prejudiced’ the proffering party.” Id. (quoting Molina, 4

11
Patrick Darnell Hill v. Commonwealth of Virginiagreen
vactapp · 2018 · cited in 1 Virginia opinions naming this issue, 2018–2018
1 sentence

2018See McCain v. Commonwealth, 261 Va. 483, 490 , 545 S.E.2d 541, 545 (2001); Hill v. Commonwealth, 68 Va. App. 610 , 616-17, 812 S.E.2d 452, 455 (2018). 7 To the extent appellant asserts that this ruling was error, it is not part of the granted assignment of error and we will not consider it.

11
McCain v. Commonwealthgreen
va · 2001 · cited in 1 Virginia opinions naming this issue, 2018–2018
2 sentences

2018See McCain v. Commonwealth, 261 Va. 483, 490 , 545 S.E.2d 541, 545 (2001); Hill v. Commonwealth, 68 Va. App. 610 , 616-17, 812 S.E.2d 452, 455 (2018). 7 To the extent appellant asserts that this ruling was error, it is not part of the granted assignment of error and we will not consider it.

2018See McCain v. Commonwealth, 261 Va. 483, 490 , 545 S.E.2d 541, 545 (2001); Hill v. Commonwealth, 68 Va. App. 610 , 616-17, 812 S.E.2d 452, 455 (2018). 7 To the extent appellant asserts that this ruling was error, it is not part of the granted assignment of error and we will not consider it.

11
White v. Commonwealthgreen
va · 2004 · cited in 1 Virginia opinions naming this issue, 2015–2015
2 sentences

2015See White v. Commonwealth, 267 Va. 96, 103 , 591 S.E.2d 662, 665-66 (2004) (stating that, unless leave of court is granted, “[i]t is impermissible for an appellant to change the wording of an assignment of error”).

2015See White v. Commonwealth, 267 Va. 96, 103 , 591 S.E.2d 662, 665-66 (2004) (stating that, unless leave of court is granted, “[i]t is impermissible for an appellant to change the wording of an assignment of error”).

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 (3)

CaseCitedYears
Riner v. Com. green
va · 2004
2 sentences

2022Cf. Henderson v. Cook, 297 Va. 699 , 707 (2019) (recognizing that in an appeal by petition, the appellate court can permit the amendment of a granted assignment of error); Riner v. Commonwealth, 40 Va. App. 440, 454-55 (2003) (concluding that the Court may “exercise[e] jurisdiction over assignments of error added to the petition, with leave of court, at a later date” provided that “the Court has acquired jurisdiction over the appeal via timely filing of the original petition for appeal”), aff’d on other grounds, 268 Va. 296 (2004). -8- ‘prejudiced’ the proffering party.” Id. (quoting Molina, 4

2022Cf. Henderson v. Cook, 297 Va. 699 , 707 (2019) (recognizing that in an appeal by petition, the appellate court can permit the amendment of a granted assignment of error); Riner v. Commonwealth, 40 Va. App. 440, 454-55 (2003) (concluding that the Court may “exercise[e] jurisdiction over assignments of error added to the petition, with leave of court, at a later date” provided that “the Court has acquired jurisdiction over the appeal via timely filing of the original petition for appeal”), aff’d on other grounds, 268 Va. 296 (2004). -8- ‘prejudiced’ the proffering party.” Id. (quoting Molina, 4

12022–2022
Molina v. Commonwealth green
vactapp · 2006
2 sentences

2022Cf. Henderson v. Cook, 297 Va. 699 , 707 (2019) (recognizing that in an appeal by petition, the appellate court can permit the amendment of a granted assignment of error); Riner v. Commonwealth, 40 Va. App. 440, 454-55 (2003) (concluding that the Court may “exercise[e] jurisdiction over assignments of error added to the petition, with leave of court, at a later date” provided that “the Court has acquired jurisdiction over the appeal via timely filing of the original petition for appeal”), aff’d on other grounds, 268 Va. 296 (2004). -8- ‘prejudiced’ the proffering party.” Id. (quoting Molina, 4

2022Cf. Henderson v. Cook, 297 Va. 699 , 707 (2019) (recognizing that in an appeal by petition, the appellate court can permit the amendment of a granted assignment of error); Riner v. Commonwealth, 40 Va. App. 440, 454-55 (2003) (concluding that the Court may “exercise[e] jurisdiction over assignments of error added to the petition, with leave of court, at a later date” provided that “the Court has acquired jurisdiction over the appeal via timely filing of the original petition for appeal”), aff’d on other grounds, 268 Va. 296 (2004). -8- ‘prejudiced’ the proffering party.” Id. (quoting Molina, 4

12022–2022
Santen v. Tuthill green
va · 2003
2 sentences

2019"In his opening brief, however, the second assignment of error is stated in a different sequence: 'The Circuit Court erred when it ruled Escamilla's petition was not timely and granted the Superintendent's motion to dismiss for lack of jurisdiction.' " Id . 6 The granted assignment of error from Santen's petition for appeal read: "The Trial Court Erred in Excluding the Testimony of Richard McGarry, Plaintiff's Specially Retained Expert, who was to Testify Regarding the Reliability of the Alcosensor used to Determine Wilfong's Blood Alcohol Content, and was to Testify how Defendant Glenn Wilfon

2019"In his opening brief, however, the second assignment of error is stated in a different sequence: 'The Circuit Court erred when it ruled Escamilla's petition was not timely and granted the Superintendent's motion to dismiss for lack of jurisdiction.' " Id . 6 The granted assignment of error from Santen's petition for appeal read: "The Trial Court Erred in Excluding the Testimony of Richard McGarry, Plaintiff's Specially Retained Expert, who was to Testify Regarding the Reliability of the Alcosensor used to Determine Wilfong's Blood Alcohol Content, and was to Testify how Defendant Glenn Wilfon

12019–2019

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (4)

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.

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