statute unconstitutional since requirement (Virginia) · Go Syfert
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statute unconstitutional since requirement in Virginia

7 Virginia opinions name it 2 courts 1972–2024 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.

Followed or applied (5)

CaseFollowedCited
Maye v. Commonwealthgreen
va · 1972 · cited in 6 Virginia opinions naming this issue, 1991–2024
2 sentences

2024Likewise, in Maye v. Commonwealth, 213 Va. 48 (1972), the Supreme Court of Virginia also clearly stated, “A claim that a statute on its face contains no requirement of mens rea or scienter is no ground for holding the statute unconstitutional since such requirement will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved.” Id. at 49 (citing Morissette v. United States, 342 U.S. 246, 250 (1952)).

2024Likewise, in Maye v. Commonwealth, 213 Va. 48 (1972), the Supreme Court of Virginia also clearly stated, “A claim that a statute on its face contains no requirement of mens rea or scienter is no ground for holding the statute unconstitutional since such requirement will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved.” Id. at 49 (citing Morissette v. United States, 342 U.S. 246, 250 (1952)).

56
Morissette v. United Statesgreen
scotus · 1952 · cited in 4 Virginia opinions naming this issue, 1972–2024
2 sentences

2024Likewise, in Maye v. Commonwealth, 213 Va. 48 (1972), the Supreme Court of Virginia also clearly stated, “A claim that a statute on its face contains no requirement of mens rea or scienter is no ground for holding the statute unconstitutional since such requirement will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved.” Id. at 49 (citing Morissette v. United States, 342 U.S. 246, 250 (1952)).

2022See id. at 49 (“A claim that a statute on its face contains no requirement of Mens rea or Scienter is no ground for holding the statute unconstitutional since such requirement will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved.” (citing Morissette, 342 U.S. at 250 )).

44
Virginia v. Hicksgreen
scotus · 2003 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024Virginia v. Hicks, 539 U.S. 113, 118-19 (2003).

11
Molash v. Commonwealthgreen
vactapp · 1986 · cited in 1 Virginia opinions naming this issue, 1991–1991
2 sentences

1991In Maye v. Commonwealth, the Supreme Court of Virginia stated: A claim that a statute on its face contains no requirement of mens rea or scienter is no ground for holding the statute unconstitutional since such requirement will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved. 213 Va. 48, 49 , 189 S.E.2d 350, 351 (1972); see also Molash v. Commonwealth, 3 Va. App. 243, 246 , 348 S.E.2d 868, 870 (1986).

1991In Maye v. Commonwealth, the Supreme Court of Virginia stated: A claim that a statute on its face contains no requirement of mens rea or scienter is no ground for holding the statute unconstitutional since such requirement will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved. 213 Va. 48, 49 , 189 S.E.2d 350, 351 (1972); see also Molash v. Commonwealth, 3 Va. App. 243, 246 , 348 S.E.2d 868, 870 (1986).

11
United States v. Thomas F. Johnsongreen
ca4 · 1970 · cited in 1 Virginia opinions naming this issue, 1972–1972
1 sentence

1972Morissette v. United States, 342 U.S. 246, 250 (1952); United States v. Johnson, 419 F.2d 56, 60 (4th Cir. 1969), cert. den., 397 U.S. 1010 .

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 (1)

CaseCitedYears
Johnson v. United States neutral
scotus · 1970
1 sentence

1972Morissette v. United States, 342 U.S. 246, 250 (1952); United States v. Johnson, 419 F.2d 56, 60 (4th Cir. 1969), cert. den., 397 U.S. 1010 .

11972–1972

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-83 (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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