practical effect principle (Virginia) · Go Syfert
← Virginia issues

practical effect principle in Virginia

6 Virginia opinions name it 2 courts 1924–2024 1 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 (2)

CaseFollowedCited
Isaac v. Commonwealthgreen
vactapp · 2011 · cited in 2 Virginia opinions naming this issue, 2017–2024
2 sentences

2024“This same-evidence principle has . . . stood in roughly the same form for well over a century,” and it “applies to criminal and civil cases.” Isaac v. Commonwealth, 58 Va. App. 255, 260 (2011).22 Though explained in different ways, the practical effect of the principle remains clear: “Some courts so hold because the error is harmless, and others because the subsequent introduction of the same evidence is a waiver of the objection.

2017Although “explained in different ways, the practical effect of the principle ... is the same.” Isaac, 58 Va.App. at 260-61 , 708 S.E.2d at 437 -38 (quoting Taliaferro, 95 Va. at 523 , 28 S.E. at 879 ).

12
Zektaw v. Com.green
va · 2009 · cited in 1 Virginia opinions naming this issue, 2011–2011
2 sentences

2011Though explained in different ways, the practical effect of the principle remains clear: “Some courts so hold because the error is harmless, and others because the subsequent introduction of the same evidence is a waiver of the objection. *261 Whether it be placed upon one ground or the other, the result is the same.” Taliaferro, 95 Va. at 523 , 28 S.E. at 879 . 3 An exception to the same-evidence principle exists for evidence elicited “during cross-examination of a witness or in rebuttal testimony.” Zektaw v. Commonwealth, 278 Va. 127, 134 , 677 S.E.2d 49, 52-53 (2009) (quoting Drinkard-Nucko

2011Though explained in different ways, the practical effect of the principle remains clear: “Some courts so hold because the error is harmless, and others because the subsequent introduction of the same evidence is a waiver of the objection. *261 Whether it be placed upon one ground or the other, the result is the same.” Taliaferro, 95 Va. at 523 , 28 S.E. at 879 . 3 An exception to the same-evidence principle exists for evidence elicited “during cross-examination of a witness or in rebuttal testimony.” Zektaw v. Commonwealth, 278 Va. 127, 134 , 677 S.E.2d 49, 52-53 (2009) (quoting Drinkard-Nucko

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 (4)

CaseCitedYears
New York Life Ins. v. Taliaferro green
va · 1898
2 sentences

2019Although “explained in different ways, the practical effect of the principle . . . ‘is the same.’” Id. (quoting Taliaferro, 95 Va. at 523 ).

2019Although “explained in different ways, the practical effect of the principle . . . ‘is the same.’” Id. (quoting Taliaferro, 95 Va. at 523 ).

32011–2019
Combs v. Norfolk & Western Railway Co. green
va · 1998
1 sentence

2019Whether it be placed upon one ground or the other, the result is the same.” Id. at 260-61 (quoting New York Life Ins.

12019–2019
Drinkard-Nuckols v. Andrews green
va · 2005
2 sentences

2011Though explained in different ways, the practical effect of the principle remains clear: “Some courts so hold because the error is harmless, and others because the subsequent introduction of the same evidence is a waiver of the objection. *261 Whether it be placed upon one ground or the other, the result is the same.” Taliaferro, 95 Va. at 523 , 28 S.E. at 879 . 3 An exception to the same-evidence principle exists for evidence elicited “during cross-examination of a witness or in rebuttal testimony.” Zektaw v. Commonwealth, 278 Va. 127, 134 , 677 S.E.2d 49, 52-53 (2009) (quoting Drinkard-Nucko

2011Though explained in different ways, the practical effect of the principle remains clear: “Some courts so hold because the error is harmless, and others because the subsequent introduction of the same evidence is a waiver of the objection. *261 Whether it be placed upon one ground or the other, the result is the same.” Taliaferro, 95 Va. at 523 , 28 S.E. at 879 . 3 An exception to the same-evidence principle exists for evidence elicited “during cross-examination of a witness or in rebuttal testimony.” Zektaw v. Commonwealth, 278 Va. 127, 134 , 677 S.E.2d 49, 52-53 (2009) (quoting Drinkard-Nucko

12011–2011
Wallace v. Wallace neutral
nj · 1903
1 sentence

1924Eq., 50 Atl. 792 (Wallace v. Wallace, supra), he says: ‘It has been my rule, and I believe that of the other members of the court, not to decree for divorce for desertion based upon a service out of the jurisdiction and a domicile not matrimonial, unless such domicile has been acquired under circumstances showing sufficient and controlling reasons for its acquisition, other than the desire to procure a divorce, and certainly never when the avowed object was to obtain that relief.’ “The practical effect of this doctrine is to pre- ■ vent a citizen who removes into this State from another, even

11924–1924

Where else courts name it

NJ 14 (1961–2024) CA 9 (1997–2024) VA 6 (1924–2024) UT 6 (1988–2022) IL 5 (1989–2023) GA 5 (2014–2021) WA 5 (1987–2013) OR 4 (2001–2023) PA 4 (1949–1975) KY 4 (1998–2026) LA 3 (1961–2010) FL 3 (1984–2007) NM 3 (1991–2022) CT 2 (1925–1991) AL 2 (1914–1984) TN 2 (2012–2013) MN 2 (1976–1976) TX 2 (1995–2000) DC 2 (1977–1977) OH 2 (1974–1977)

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.

← Caselaw search · G Cite Topics · Brief Check