parole violation (Virginia) · Go Syfert
← Virginia issues

parole violation in Virginia

7 Virginia opinions name it 3 courts 1968–2015 0 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 (5)

CaseFollowedCited
Heath v. Commonwealthgreen
vactapp · 2000 · cited in 1 Virginia opinions naming this issue, 2000–2000
2 sentences

2000The five-month period requires the accused to be “tried within 152 and a fraction days.” Heath v. Commonwealth, 32 Va. App. 176, 179 , 526 S.E.2d 798, 799 (2000) (en banc) (quoting Moten v. Commonwealth, 7 Va. App. 438, 441 , 374 S.E.2d 704, 706 (1988)).

2000The five-month period requires the accused to be “tried within 152 and a fraction days.” Heath v. Commonwealth, 32 Va. App. 176, 179 , 526 S.E.2d 798, 799 (2000) (en banc) (quoting Moten v. Commonwealth, 7 Va. App. 438, 441 , 374 S.E.2d 704, 706 (1988)).

11
Moten v. Commonwealthgreen
vactapp · 1988 · cited in 1 Virginia opinions naming this issue, 2000–2000
2 sentences

2000The five-month period requires the accused to be “tried within 152 and a fraction days.” Heath v. Commonwealth, 32 Va. App. 176, 179 , 526 S.E.2d 798, 799 (2000) (en banc) (quoting Moten v. Commonwealth, 7 Va. App. 438, 441 , 374 S.E.2d 704, 706 (1988)).

2000The five-month period requires the accused to be “tried within 152 and a fraction days.” Heath v. Commonwealth, 32 Va. App. 176, 179 , 526 S.E.2d 798, 799 (2000) (en banc) (quoting Moten v. Commonwealth, 7 Va. App. 438, 441 , 374 S.E.2d 704, 706 (1988)).

11
Hall v. Commonwealthgreen
vactapp · 1996 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997Thus, evidence must be suppressed when it is “ ‘come at by exploitation of [the initial] illegality rather than by means sufficiently distinguishable to be purged of the primary taint.’ ” Hall v. Commonwealth, 22 Va.App. 226, 229 , 468 S.E.2d 693, 695 (1996) (citation omitted). *113 Prior to the original unlawful detention, the police were unaware that Gilpin was wanted for a parole violation.

1997Thus, evidence must be suppressed when it is “ ‘come at by exploitation of [the initial] illegality rather than by means sufficiently distinguishable to be purged of the primary taint.’ ” Hall v. Commonwealth, 22 Va.App. 226, 229 , 468 S.E.2d 693, 695 (1996) (citation omitted). *113 Prior to the original unlawful detention, the police were unaware that Gilpin was wanted for a parole violation.

11
Watson v. Commonwealthgreen
vactapp · 1995 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997We disagree. “ ‘The exclusionary rule operates ... against evidence seized and information acquired during an unlawful search or seizure ... [and] against derivative evidence discovered because of the unlawful act.’ ” Watson v. Commonwealth, 19 Va.App. 659, 663 , 454 S.E.2d 358, 360 (1995) (citation omitted).

1997We disagree. “ ‘The exclusionary rule operates ... against evidence seized and information acquired during an unlawful search or seizure ... [and] against derivative evidence discovered because of the unlawful act.’ ” Watson v. Commonwealth, 19 Va.App. 659, 663 , 454 S.E.2d 358, 360 (1995) (citation omitted).

11
Martin v. Commonwealthgreen
vactapp · 1987 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997"On appeal, we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom." Martin v. Commonwealth, 4 Va. App. 438, 443 , 358 S.E.2d 415, 418 (1987). "'In testing the credibility and weight to be ascribed in the evidence, we must give the trial courts and juries the wide discretion 5 to which a living record, as distinguished from a printed record, logically entitles them.

1997"On appeal, we review the evidence in the light most favorable to the Commonwealth, granting to it all reasonable inferences fairly deducible therefrom." Martin v. Commonwealth, 4 Va. App. 438, 443 , 358 S.E.2d 415, 418 (1987). "'In testing the credibility and weight to be ascribed in the evidence, we must give the trial courts and juries the wide discretion 5 to which a living record, as distinguished from a printed record, logically entitles them.

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
Morrissey v. Brewer green
scotus · 1972
2 sentences

2015“What is needed is an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee’s behavior.” Id.

2015“What is -8- needed is an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee’s behavior.” Id.

21986–2015
Simmons v. South Carolina green
scotus · 1994
1 sentence

1997He asserts that the refusal of the trial court to inform the jury of the current sentencing laws violated his due process rights under the federal constitution, citing Simmons v. South Carolina, 512 U.S. 154 (1994), as authority for his position.

11997–1997
Moody v. Daggett green
scotus · 1976
1 sentence

1986In Moody , the Supreme Court stated the issue to be “whether a federal parolee imprisoned for a crime committed while on parole is constitutionally entitled to a prompt parole revocation hearing when a parole violation warrant is issued and lodged with the institution of his confinement but not served on him.” Id. at 79 .

11986–1986
cluster 277817 green
ca6 · 1967
1 sentence

1968In DiMarco v. Greene, 385 F.2d 556 (6th Cir. 1967), the police arrested DiMarco for a parole violation and placed his automobile in a garage.

11968–1968

Where else courts name it

CA 380 (1964–2026) PA 321 (1953–2026) NY 314 (1963–2025) TX 162 (1981–2026) OH 105 (1977–2026) IL 59 (1974–2025) NJ 54 (1962–2026) OR 50 (1974–2026) MI 49 (1957–2024) WA 33 (1969–2024) CO 32 (1975–2025) FL 30 (1969–2019) CT 30 (1989–2020) UT 28 (1983–2025) ID 26 (1971–2025) MA 26 (1969–2024) WI 26 (1974–2025) MO 26 (1974–2025) NV 24 (1974–2021) KS 24 (1978–2024) NM 23 (1972–2023) AL 22 (1965–2015) IN 22 (1978–2026) MD 22 (1975–2025) LA 20 (1976–2025) IA 19 (1968–2025) TN 19 (1989–2026) MS 18 (1990–2018) AZ 17 (1973–2021) AK 17 (1974–2026) SC 15 (1950–2023) GA 12 (1975–2026) WY 12 (1975–2018) KY 11 (1964–2026) MT 10 (1961–2021) AR 9 (1999–2022) DC 9 (1981–2025) WV 8 (1986–2021) HI 8 (1994–2008) OK 7 (1915–1999) VA 7 (1968–2015) VT 7 (1985–2025) NH 6 (2009–2021) NE 6 (1992–2023) SD 5 (1979–2024) ME 4 (1975–2010) MN 4 (1982–2007) DE 4 (1984–2022) RI 4 (1978–2018) NC 3 (2009–2017) ND 3 (1951–2025)

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.

← Caselaw search · G Cite Topics · Brief Check