stand in his own defense (Virginia) · Go Syfert
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stand in his own defense in Virginia

7 Virginia opinions name it 3 courts 1971–2014 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 (4)

CaseFollowedCited
Townes v. Commonwealthgreen
va · 1987 · cited in 2 Virginia opinions naming this issue, 2008–2008
2 sentences

2008“It would be unrealistic to think that jurors *153 do not notice when defendants fail to testify.” Townes v. Commonwealth, 234 Va. 307, 329 , 362 S.E.2d 650, 662 (1987) (citing Carter v. Kentucky, 450 U.S. 288 , 301 n. 18, 101 S.Ct. 1112 , 1120 n. 18, 67 L.Ed.2d 241 (1981)).

2008“It would be unrealistic to think that jurors *153 do not notice when defendants fail to testify.” Townes v. Commonwealth, 234 Va. 307, 329 , 362 S.E.2d 650, 662 (1987) (citing Carter v. Kentucky, 450 U.S. 288 , 301 n. 18, 101 S.Ct. 1112 , 1120 n. 18, 67 L.Ed.2d 241 (1981)).

22
Hughes v. Commonwealthgreen
vactapp · 2002 · cited in 1 Virginia opinions naming this issue, 2014–2014
2 sentences

2014But when a criminal defendant waives his right to remain silent and takes the stand in his own defense, his personal “credibility becomes an issue.” Hughes v. Commonwealth, 39 Va. App. 448, 462 , 573 S.E.2d 324, 330 (2002) (internal quotation marks 7 On appeal, appellant’s counsel emphasizes the fact that D.M. testified that she did not have sex with her father.

2014But when a criminal defendant waives his right to remain silent and takes the stand in his own defense, his personal “credibility becomes an issue.” Hughes v. Commonwealth, 39 Va. App. 448, 462 , 573 S.E.2d 324, 330 (2002) (internal quotation marks 7 On appeal, appellant’s counsel emphasizes the fact that D.M. testified that she did not have sex with her father.

11
Richardson v. Marshgreen
scotus · 1987 · cited in 1 Virginia opinions naming this issue, 2005–2005
2 sentences

2005Thus, when “a codefendant takes the stand in his own defense, denies making an alleged out-of-court statement implicating the defendant, and proceeds to testify favorably to the defendant concerning the underlying facts, the defendant has been denied no rights protected by the Sixth and Fourteenth Amendments.” Nelson, 402 U.S. at 629-30 , 91 S.Ct. at 1727 ; see also Richardson v. Marsh, 481 U.S. 200, 206 , 107 S.Ct. 1702, 1707 , 95 L.Ed.2d 176 (1987) (noting that “the pretrial *640 confession of one cannot be admitted against the other unless the confessing defendant takes the stand”). 2 That

2005Thus, when “a codefendant takes the stand in his own defense, denies making an alleged out-of-court statement implicating the defendant, and proceeds to testify favorably to the defendant concerning the underlying facts, the defendant has been denied no rights protected by the Sixth and Fourteenth Amendments.” Nelson, 402 U.S. at 629-30 , 91 S.Ct. at 1727 ; see also Richardson v. Marsh, 481 U.S. 200, 206 , 107 S.Ct. 1702, 1707 , 95 L.Ed.2d 176 (1987) (noting that “the pretrial *640 confession of one cannot be admitted against the other unless the confessing defendant takes the stand”). 2 That

11
Harris v. Commonwealthgreen
va · 1921 · cited in 1 Virginia opinions naming this issue, 1971–1971
2 sentences

1971Brown v. United States, 356 U.S. 148, 156-57 , 78 S.Ct. 622, 627-28 , 2 L.Ed.2d 589 (1958); Harris v. Commonwealth, 129 Va. 751, 753-54 , 105 S.E. 541, 542 (1921).

1971Brown v. United States, 356 U.S. 148, 156-57 , 78 S.Ct. 622, 627-28 , 2 L.Ed.2d 589 (1958); Harris v. Commonwealth, 129 Va. 751, 753-54 , 105 S.E. 541, 542 (1921).

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 (5)

CaseCitedYears
Carter v. Kentucky green
scotus · 1981
2 sentences

2008“It would be unrealistic to think that jurors *153 do not notice when defendants fail to testify.” Townes v. Commonwealth, 234 Va. 307, 329 , 362 S.E.2d 650, 662 (1987) (citing Carter v. Kentucky, 450 U.S. 288 , 301 n. 18, 101 S.Ct. 1112 , 1120 n. 18, 67 L.Ed.2d 241 (1981)).

2008“It would be unrealistic to think that jurors *153 do not notice when defendants fail to testify.” Townes v. Commonwealth, 234 Va. 307, 329 , 362 S.E.2d 650, 662 (1987) (citing Carter v. Kentucky, 450 U.S. 288 , 301 n. 18, 101 S.Ct. 1112 , 1120 n. 18, 67 L.Ed.2d 241 (1981)).

22008–2008
Nelson v. O'NEIL green
scotus · 1971
2 sentences

2005Thus, when “a codefendant takes the stand in his own defense, denies making an alleged out-of-court statement implicating the defendant, and proceeds to testify favorably to the defendant concerning the underlying facts, the defendant has been denied no rights protected by the Sixth and Fourteenth Amendments.” Nelson, 402 U.S. at 629-30 , 91 S.Ct. at 1727 ; see also Richardson v. Marsh, 481 U.S. 200, 206 , 107 S.Ct. 1702, 1707 , 95 L.Ed.2d 176 (1987) (noting that “the pretrial *640 confession of one cannot be admitted against the other unless the confessing defendant takes the stand”). 2 That

2005Thus, when “a codefendant takes the stand in his own defense, denies making an alleged out-of-court statement implicating the defendant, and proceeds to testify favorably to the defendant concerning the underlying facts, the defendant has been denied no rights protected by the Sixth and Fourteenth Amendments.” Nelson, 402 U.S. at 629-30 , 91 S.Ct. at 1727 ; see also Richardson v. Marsh, 481 U.S. 200, 206 , 107 S.Ct. 1702, 1707 , 95 L.Ed.2d 176 (1987) (noting that “the pretrial *640 confession of one cannot be admitted against the other unless the confessing defendant takes the stand”). 2 That

12005–2005
Roviaro v. United States green
scotus · 1957
1 sentence

1999Id. at 63-64 .

11999–1999
Harmon v. Commonwealth green
va · 1971
2 sentences

1983This holding, we observed, was consistent with the rule that when an accused “voluntarily takes the stand in his own defense and opens up matters by his own testimony, he subjects himself to cross-examination on the matters relevantly raised by that testimony.” Id.

1983We established in Harmon , however, the general rule that unless the accused opens up the scope of the inquiry by testifying beyond the mere fact he has been convicted of a felony, “the name of the felony, other than perjury, and the details thereof may not be shown.” Id. at 446 , 185 S.E.2d at 51 .

11983–1983
Brown v. United States green
scotus · 1958
2 sentences

1971Brown v. United States, 356 U.S. 148, 156-57 , 78 S.Ct. 622, 627-28 , 2 L.Ed.2d 589 (1958); Harris v. Commonwealth, 129 Va. 751, 753-54 , 105 S.E. 541, 542 (1921).

1971Brown v. United States, 356 U.S. 148, 156-57 , 78 S.Ct. 622, 627-28 , 2 L.Ed.2d 589 (1958); Harris v. Commonwealth, 129 Va. 751, 753-54 , 105 S.E. 541, 542 (1921).

11971–1971

Where else courts name it

CA 59 (1928–2025) GA 42 (1973–2019) PA 40 (1964–2024) IL 30 (1964–2022) OH 28 (1969–2024) NY 27 (1924–2018) MD 21 (1957–2013) FL 19 (1959–2019) TX 17 (1958–2024) AL 14 (1972–2014) MI 13 (1942–2019) LA 11 (1976–2016) IN 11 (1981–2017) MS 11 (1970–2026) WA 9 (1967–2007) CO 8 (1958–2021) AZ 8 (1965–2024) TN 8 (1979–2013) NC 8 (1972–2023) KY 8 (1930–2019) CT 8 (1971–2002) VA 7 (1971–2014) DC 7 (1972–2009) MN 6 (1976–2014) NJ 6 (1964–2018) WI 5 (1945–2022) UT 5 (2017–2025) MT 4 (1980–2020) AR 4 (1994–2024) WV 3 (1974–2020) ME 3 (1977–1984) SC 3 (1980–2000) NH 3 (1985–2012) MA 3 (1983–2013) SD 3 (1984–1988) MO 3 (1973–1988) RI 3 (1988–2003) WY 3 (1974–1978) OK 2 (1962–1966) OR 2 (1966–1975) AK 2 (1996–2010) ID 2 (1971–1989) PR 2 (1943–1961) ND 2 (1981–1981) NM 2 (1986–1990) VT 2 (1984–2017)

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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