circumstantial factors (Virginia) · Go Syfert
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circumstantial factors in Virginia

6 Virginia opinions name it 1 courts 2004–2025 4 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
Avent v. Com.green
va · 2010 · cited in 2 Virginia opinions naming this issue, 2016–2022
2 sentences

2022Avent v. Commonwealth, 279 Va. 175, 208 (2010).

2016Avent v. Commonwealth, 279 Va. 175, 208 , 688 S.E.2d 244, 262 (2010) (quoting Epperly v. Commonwealth, 224 Va. 214, 232 , 294 S.E.2d 882, 892 (1982)).

22
Epperly v. Commonwealthgreen
va · 1982 · cited in 3 Virginia opinions naming this issue, 2004–2025
2 sentences

2025And “although ‘motive is not an essential element of the crime, it is relevant and often most persuasive upon the question of the actor’s intent.’” Id. at 656 (quoting Epperly, 224 Va. at 232 ).

2016Avent v. Commonwealth, 279 Va. 175, 208 , 688 S.E.2d 244, 262 (2010) (quoting Epperly v. Commonwealth, 224 Va. 214, 232 , 294 S.E.2d 882, 892 (1982)).

13
Aldridge v. Commonwealthgreen
vactapp · 2004 · cited in 2 Virginia opinions naming this issue, 2021–2025
2 sentences

2025Circumstantial factors the jury may consider in determining if there is “sufficient evidence of premeditation and a specific intent to kill include: (1) the brutality of an attack; (2) the disparity in size and strength between the accused and the victim; (3) the concealment of the victim’s body; and (4) the defendant’s lack of remorse and efforts to avoid detection.” Aldridge, 44 Va. App. at 655-56 .

2021See Aldridge, 44 Va. App. at 655-56 (“Circumstantial factors that the fact finder may consider in deciding whether there is sufficient evidence of premeditation and a specific intent to kill include . . . the defendant’s lack of remorse and efforts to avoid detection.”).

12
Jones v. Commonwealthgreen
va · 1979 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023Wactor, 38 Va. App. at 382 ; see Jones, 219 Va. at 986 (considering “the relative physical condition of the participants and the degree of force manifested”).

11
Clozza v. Commonwealthgreen
va · 1984 · cited in 1 Virginia opinions naming this issue, 2004–2004
2 sentences

2004Epperly, 224 Va. at 232 , 294 S.E.2d at 892 ; see also Clozza, 228 Va. at 134 , 321 S.E.2d at 279 .

2004Epperly, 224 Va. at 232 , 294 S.E.2d at 892 ; see also Clozza, 228 Va. at 134 , 321 S.E.2d at 279 .

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
Wactor v. Commonwealth green
vactapp · 2002
1 sentence

2023Wactor, 38 Va. App. at 382 ; see Jones, 219 Va. at 986 (considering “the relative physical condition of the participants and the degree of force manifested”).

12023–2023

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (4) VA § Va. Code Ann. § 18.2-32 (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.

Where else courts name it

TN 19 (2000–2025) MS 11 (1988–2023) VA 6 (2004–2025) NY 5 (1979–2003) CT 3 (2000–2019) DC 3 (1980–1987) IL 2 (1949–2019) ID 2 (1989–1994)

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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