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

6 Virginia opinions name it 3 courts 1985–2026 2 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
Pearson v. Commonwealthgreen
va · 1981 · cited in 2 Virginia opinions naming this issue, 1989–2026
2 sentences

2026See Pearson v. Commonwealth, 221 Va. 936, 946 (1981) (noting that appellant’s “words and deeds following the crime are factors equally as important as his earlier conduct”).

1989Brown v. Commonwealth, 3 Va.App. 182 , 348 S.E.2d 849 (1986). [2] The Commonwealth's Attorney pursued a similar thesis in argument to the jury and in his brief in opposition to the defendant's petition for appeal in the Court of Appeals. [3] While evidence of subsequent conduct, standing alone, is insufficient to identify the accused as the criminal agent, evidence of conduct "is always an important factor in the estimate of the weight of circumstances which point to his guilt", Dean's Case, 73 Va. (32 Gratt.) at 923 , and "words and deeds following the crime are factors equally as important a

22
Slayton v. Commonwealthgreen
va · 1946 · cited in 2 Virginia opinions naming this issue, 1996–2018
2 sentences

2018On brief Winder argues that, by dismissing his failure to appear charge, the circuit court “by definition found that Mr. Winder had not lied regarding his whereabouts on February 6, 2013.” We disagree. “[T]he acquittal of one charged with a crime is no bar to a prosecution for perjury for testimony given by him at the trial, although a conviction would necessarily import a -6- contradiction of the verdict in the former case.” Slayton v. Commonwealth, 185 Va. 371, 382 , 38 S.E.2d 485, 491 (1946).

2018On brief Winder argues that, by dismissing his failure to appear charge, the circuit court “by definition found that Mr. Winder had not lied regarding his whereabouts on February 6, 2013.” We disagree. “[T]he acquittal of one charged with a crime is no bar to a prosecution for perjury for testimony given by him at the trial, although a conviction would necessarily import a -6- contradiction of the verdict in the former case.” Slayton v. Commonwealth, 185 Va. 371, 382 , 38 S.E.2d 485, 491 (1946).

12
Rose v. Com.green
va · 2005 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022See Subsequent Conduct, 3 Jones on Evidence § 17:91 (7th ed.) (“Although extrinsic act 3 evidence is often referred to as ‘prior bad acts’ or ‘prior crimes’ evidence, extrinsic acts that are subsequent to the crime or claim being tried should also be admitted if they have sufficient relevance.”). 4 We also note that to be admissible, the “legitimate probative value” of this evidence “must exceed the incidental prejudice to the defendant.” Rose v. Commonwealth, 270 Va. 3, 11 (2005).

11
Norfolk & Western Railway Co. v. Liepeltgreen
scotus · 1980 · cited in 1 Virginia opinions naming this issue, 1985–1985
1 sentence

1985See Stamper v. Commonwealth, 220 Va. 260, 284 , 257 S.E.2d 808, 824 (1979), cert. denied, 445 U.S. 972 (1980).

11
Stamper v. Commonwealthgreen
va · 1979 · cited in 1 Virginia opinions naming this issue, 1985–1985
2 sentences

1985See Stamper v. Commonwealth, 220 Va. 260, 284 , 257 S.E.2d 808, 824 (1979), cert. denied, 445 U.S. 972 (1980).

1985See Stamper v. Commonwealth, 220 Va. 260, 284 , 257 S.E.2d 808, 824 (1979), cert. denied, 445 U.S. 972 (1980).

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 (2)

CaseCitedYears
Brown v. Commonwealth green
vactapp · 1986
2 sentences

1989Brown v. Commonwealth, 3 Va.App. 182 , 348 S.E.2d 849 (1986). [2] The Commonwealth's Attorney pursued a similar thesis in argument to the jury and in his brief in opposition to the defendant's petition for appeal in the Court of Appeals. [3] While evidence of subsequent conduct, standing alone, is insufficient to identify the accused as the criminal agent, evidence of conduct "is always an important factor in the estimate of the weight of circumstances which point to his guilt", Dean's Case, 73 Va. (32 Gratt.) at 923 , and "words and deeds following the crime are factors equally as important a

1989Brown v. Commonwealth, 3 Va.App. 182 , 348 S.E.2d 849 (1986). [2] The Commonwealth's Attorney pursued a similar thesis in argument to the jury and in his brief in opposition to the defendant's petition for appeal in the Court of Appeals. [3] While evidence of subsequent conduct, standing alone, is insufficient to identify the accused as the criminal agent, evidence of conduct "is always an important factor in the estimate of the weight of circumstances which point to his guilt", Dean's Case, 73 Va. (32 Gratt.) at 923 , and "words and deeds following the crime are factors equally as important a

11989–1989
Dean v. Commonwealth green
va · 1879
2 sentences

1989While evidence of subsequent conduct, standing alone, is insufficient to identify the accused as the criminal agent, evidence of conduct “is always an important factor in the estimate of the weight of circumstances which point to his guilt”, Dean's Case, 73 Va. (32 Gratt.) at 923 , and “words and deeds following the crime are factors equally as important as his earlier conduct”, Pearson v. Commonwealth, 221 Va. 936, 946 , 275 S.E.2d 893, 900 (1981).

1989Brown v. Commonwealth, 3 Va.App. 182 , 348 S.E.2d 849 (1986). [2] The Commonwealth's Attorney pursued a similar thesis in argument to the jury and in his brief in opposition to the defendant's petition for appeal in the Court of Appeals. [3] While evidence of subsequent conduct, standing alone, is insufficient to identify the accused as the criminal agent, evidence of conduct "is always an important factor in the estimate of the weight of circumstances which point to his guilt", Dean's Case, 73 Va. (32 Gratt.) at 923 , and "words and deeds following the crime are factors equally as important a

11989–1989

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (3)

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

CA 128 (1914–2026) NY 67 (1916–2025) WA 61 (1918–2025) IL 53 (1924–2025) PA 53 (1959–2026) GA 46 (1976–2026) FL 40 (1970–2026) MN 38 (1930–2018) TX 32 (1943–2024) MI 32 (1948–2026) OR 28 (1900–2026) NM 28 (1977–2024) NC 25 (1955–2018) MS 25 (1958–2025) WI 24 (1966–2025) MD 24 (1915–2021) IN 21 (1944–2020) NJ 21 (1953–2021) MA 21 (1944–2025) KS 20 (1978–2026) IA 18 (1943–2026) LA 17 (1902–2017) CT 15 (1961–2010) ID 15 (1923–2023) CO 15 (1959–2026) OH 14 (1934–2025) AL 12 (1922–2011) MT 10 (1920–2021) OK 10 (1949–2025) KY 9 (1926–2021) TN 8 (1950–2012) UT 7 (1995–2023) NV 7 (1989–2021) WY 7 (1980–2011) AZ 6 (1980–2018) VA 6 (1985–2026) SC 6 (1984–2022) HI 5 (1999–2020) DC 5 (1983–2016) NE 5 (1897–2003) SD 5 (1928–2010) WV 5 (1932–2015) MO 4 (1980–2024) ME 4 (1998–2023) NH 3 (1970–2008) VT 3 (2015–2015) RI 3 (1992–2012) AR 3 (1977–1997) ND 3 (2003–2019) AK 2 (1981–1987)

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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