Topic: where the record does not affirmatively establish error, we… · Go Syfert
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Topic #10394

4 canonical passages across 4 cases, quoted by 36 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Smith v. Commonwealth.

#Case FlagCanonical passage Citers
1 Smith v. Commonwealth Anchor
vactapp · 2012
green “where the record does not affirmatively establish error, we cannot invoke the ends of justice exception to rule 5a:18.” 11
2 Angela Maye Holt v. Commonwealth of Virginia
vactapp · 2016
green “is narrow and is to be used sparingly.” 10
3 Kerry Lee Winslow v. Commonwealth of Virginia
vactapp · 2013
green “virginia courts applying the ends-of-justice exception require a defendant to present not only a winning argument on appeal but also one demonstrating that the trial court's error results in a 'grave injustice' or a wholly inexcusable 'denial of essential rights.” 8
4 West v. Commonwealth
vactapp · 2004
green “clear, substantial and material.” 7

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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