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7 Virginia opinions name it 1 courts 1987–2025 3 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 |
|---|---|---|
Mullis v. Commonwealthgreen2 sentences2025A “theory of innocence must flow from the evidence, and not from the ruminations of defense counsel.” Jones v. Commonwealth, 21 Va. App. 435, 442 (1995) (quoting Mullis v. Commonwealth, 3 Va. App. 564, 574 (1987)). 2023“However, ‘the theory of innocence must flow from the evidence, and not from the ruminations of defense counsel.’” Id. (quoting Mullis v. Commonwealth, 3 Va. App. 564, 574 (1987)). | 5 | 5 |
Nelson v. Com.green2 sentences2025The Commonwealth is not required to “negate what ‘could have been’ or what was a ‘possibility.’” Nelson v. Commonwealth, 281 Va. 212, 218 (2011). 2023The Commonwealth is not required to “negate what ‘could have been’ or what was a ‘possibility.’” Nelson v. Commonwealth, 281 Va. 212, 218 (2011). | 3 | 3 |
Jones v. Commonwealthgreen1 sentence2025A “theory of innocence must flow from the evidence, and not from the ruminations of defense counsel.” Jones v. Commonwealth, 21 Va. App. 435, 442 (1995) (quoting Mullis v. Commonwealth, 3 Va. App. 564, 574 (1987)). | 1 | 1 |
Cantrell v. Commonwealthgreen2 sentences1996See Cantrell v. Commonwealth, 7 Va. App. 269, 289 , 373 S.E.2d 328, 338 (1988), cert. denied, 496 U.S. 911 (1990). - 3 - The evidence supports Booth's convictions. 1996See Cantrell v. Commonwealth, 7 Va. App. 269, 289 , 373 S.E.2d 328, 338 (1988), cert. denied, 496 U.S. 911 (1990). - 3 - The evidence supports Booth's convictions. | 1 | 1 |
Johnson v. United Statesgreen1 sentence1996See Cantrell v. Commonwealth, 7 Va. App. 269, 289 , 373 S.E.2d 328, 338 (1988), cert. denied, 496 U.S. 911 (1990). - 3 - The evidence supports Booth's convictions. | 1 | 1 |
Cook v. Commonwealthgreen2 sentences1987Cook v. Commonwealth, 226 Va. 427, 432-33 , 309 S.E.2d 325, 328-29 (1983). 1987Cook v. Commonwealth, 226 Va. 427, 432-33 , 309 S.E.2d 325, 328-29 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gordon v. Commonwealth
green
2 sentences2023“However, ‘the theory of innocence must flow from the evidence, and not from the ruminations of defense counsel.’” Id. (quoting Mullis v. Commonwealth, 3 Va. App. 564, 574 (1987)). 2022“However, ‘the theory of innocence must flow from the evidence, and not from the ruminations of defense counsel.’” Id. (quoting Mullis v. Commonwealth, 3 Va. App. 564, 574 (1987)). | 2 | 2022–2023 |
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.