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7 Virginia opinions name it 1 courts 2004–2023 6 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 |
|---|---|---|
Clark v. Commonwealthgreen2 sentences2023This procedural default principle specifically requires “that the argument asserted on appeal be the same as the contemporaneous argument at trial.” Bethea v. Commonwealth, 297 Va. 730 , 743 (2019); see Clark v. Commonwealth, 30 Va. App. 406, 411-12 (1999) (preserving one specific argument as to the sufficiency of the evidence does not allow argument on appeal regarding other sufficiency issues not raised at trial). 2022This procedural default principle - 31 - specifically requires “that the argument asserted on appeal be the same as the contemporaneous argument at trial.” Bethea v. Commonwealth, 297 Va. 730 , 743 (2019); see Clark v. Commonwealth, 30 Va. App. 406, 411-12 (1999) (preserving one specific argument as to the sufficiency of the evidence does not allow argument on appeal regarding other sufficiency issues not raised at trial). | 3 | 3 |
Townes v. Commonwealthgreen2 sentences2023But the procedural-default rule “applies equally to both pro se litigants and those who are represented by counsel.” Newsome v. Newsome, 18 Va. App. 22, 24-25 (1994); see also Townes v. Commonwealth, 234 Va. 307, 319 (1987) (explaining that a litigant “who represents himself is no less bound by the rules of procedure and substantive law than a [litigant] represented by counsel” (quoting Church v. Commonwealth, 230 Va. 208, 213 (1985))). 2022A “defendant who represents himself is no less bound by the rules of procedure and substantive law than a defendant represented by counsel.” Townes v. Commonwealth, 234 Va. 307, 319 (1987) (quoting Church v. Commonwealth, 230 Va. 208, 213 (1985)). | 3 | 3 |
Church v. Commonwealthgreen2 sentences2023But the procedural-default rule “applies equally to both pro se litigants and those who are represented by counsel.” Newsome v. Newsome, 18 Va. App. 22, 24-25 (1994); see also Townes v. Commonwealth, 234 Va. 307, 319 (1987) (explaining that a litigant “who represents himself is no less bound by the rules of procedure and substantive law than a [litigant] represented by counsel” (quoting Church v. Commonwealth, 230 Va. 208, 213 (1985))). 2022A “defendant who represents himself is no less bound by the rules of procedure and substantive law than a defendant represented by counsel.” Townes v. Commonwealth, 234 Va. 307, 319 (1987) (quoting Church v. Commonwealth, 230 Va. 208, 213 (1985)). | 3 | 3 |
Newsome v. Newsomegreen2 sentences2023But the procedural-default rule “applies equally to both pro se litigants and those who are represented by counsel.” Newsome v. Newsome, 18 Va. App. 22, 24-25 (1994); see also Townes v. Commonwealth, 234 Va. 307, 319 (1987) (explaining that a litigant “who represents himself is no less bound by the rules of procedure and substantive law than a [litigant] represented by counsel” (quoting Church v. Commonwealth, 230 Va. 208, 213 (1985))). 2022Accordingly, the procedural-default rule “applies equally to both pro se litigants and those who are represented by counsel.” Newsome v. Newsome, 18 Va. App. 22, 24-25 (1994). | 3 | 3 |
Morrison v. Commonwealthgreen2 sentences2004We reserve this exception for 5 See also Dowden v. Commonwealth, 260 Va. 459, 469 , 536 S.E.2d 437, 442 (2000); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Mughrabi v. Commonwealth, 38 Va. App. 538, 548 , 567 S.E.2d 542, 546 (2002); Morrison v. Commonwealth, 37 Va. App. 273, 284 , 557 S.E.2d 724, 730 (2002). -9- “extraordinary situations” where the defendant can prove a clear, substantial, and material miscarriage of justice. 2004We reserve this exception for 5 See also Dowden v. Commonwealth, 260 Va. 459, 469 , 536 S.E.2d 437, 442 (2000); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Mughrabi v. Commonwealth, 38 Va. App. 538, 548 , 567 S.E.2d 542, 546 (2002); Morrison v. Commonwealth, 37 Va. App. 273, 284 , 557 S.E.2d 724, 730 (2002). -9- “extraordinary situations” where the defendant can prove a clear, substantial, and material miscarriage of justice. | 1 | 1 |
Mughrabi v. Commonwealthgreen2 sentences2004We reserve this exception for 5 See also Dowden v. Commonwealth, 260 Va. 459, 469 , 536 S.E.2d 437, 442 (2000); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Mughrabi v. Commonwealth, 38 Va. App. 538, 548 , 567 S.E.2d 542, 546 (2002); Morrison v. Commonwealth, 37 Va. App. 273, 284 , 557 S.E.2d 724, 730 (2002). -9- “extraordinary situations” where the defendant can prove a clear, substantial, and material miscarriage of justice. 2004We reserve this exception for 5 See also Dowden v. Commonwealth, 260 Va. 459, 469 , 536 S.E.2d 437, 442 (2000); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Mughrabi v. Commonwealth, 38 Va. App. 538, 548 , 567 S.E.2d 542, 546 (2002); Morrison v. Commonwealth, 37 Va. App. 273, 284 , 557 S.E.2d 724, 730 (2002). -9- “extraordinary situations” where the defendant can prove a clear, substantial, and material miscarriage of justice. | 1 | 1 |
Black v. Commonwealthgreen2 sentences2004We reserve this exception for 5 See also Dowden v. Commonwealth, 260 Va. 459, 469 , 536 S.E.2d 437, 442 (2000); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Mughrabi v. Commonwealth, 38 Va. App. 538, 548 , 567 S.E.2d 542, 546 (2002); Morrison v. Commonwealth, 37 Va. App. 273, 284 , 557 S.E.2d 724, 730 (2002). -9- “extraordinary situations” where the defendant can prove a clear, substantial, and material miscarriage of justice. 2004We reserve this exception for 5 See also Dowden v. Commonwealth, 260 Va. 459, 469 , 536 S.E.2d 437, 442 (2000); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Mughrabi v. Commonwealth, 38 Va. App. 538, 548 , 567 S.E.2d 542, 546 (2002); Morrison v. Commonwealth, 37 Va. App. 273, 284 , 557 S.E.2d 724, 730 (2002). -9- “extraordinary situations” where the defendant can prove a clear, substantial, and material miscarriage of justice. | 1 | 1 |
Dowden v. Commonwealthgreen2 sentences2004We reserve this exception for 5 See also Dowden v. Commonwealth, 260 Va. 459, 469 , 536 S.E.2d 437, 442 (2000); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Mughrabi v. Commonwealth, 38 Va. App. 538, 548 , 567 S.E.2d 542, 546 (2002); Morrison v. Commonwealth, 37 Va. App. 273, 284 , 557 S.E.2d 724, 730 (2002). -9- “extraordinary situations” where the defendant can prove a clear, substantial, and material miscarriage of justice. 2004We reserve this exception for 5 See also Dowden v. Commonwealth, 260 Va. 459, 469 , 536 S.E.2d 437, 442 (2000); Black v. Commonwealth, 222 Va. 838, 842 , 284 S.E.2d 608, 610 (1981); Mughrabi v. Commonwealth, 38 Va. App. 538, 548 , 567 S.E.2d 542, 546 (2002); Morrison v. Commonwealth, 37 Va. App. 273, 284 , 557 S.E.2d 724, 730 (2002). -9- “extraordinary situations” where the defendant can prove a clear, substantial, and material miscarriage of justice. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
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.