cautionary jury instruction (Virginia) · Go Syfert
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cautionary jury instruction in Virginia

5 Virginia opinions name it 1 courts 1989–2025 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
Darnell v. Commonwealthgreen
vactapp · 1988 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025“A reviewing court’s responsibility in reviewing jury instructions is ‘to see that the 7 In McQuinn v. Commonwealth, 298 Va. 456 , 459 (2020), our Supreme Court explained that inconsistent verdicts may arise where “the evidence is legally sufficient to convict the defendant of the predicate offense,” but the jury has convicted the defendant of the compound offense, and not the predicate offense, and that, in this scenario, the inconsistent verdict must not be overturned “because the jury could have convicted the defendant on both charges but quite possibly decided not to do so out of a sense o

11
Justin Godfrey Fahringer v. Commonwealth of Virginiagreen
vactapp · 2019 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025“A reviewing court’s responsibility in reviewing jury instructions is ‘to see that the 7 In McQuinn v. Commonwealth, 298 Va. 456 , 459 (2020), our Supreme Court explained that inconsistent verdicts may arise where “the evidence is legally sufficient to convict the defendant of the predicate offense,” but the jury has convicted the defendant of the compound offense, and not the predicate offense, and that, in this scenario, the inconsistent verdict must not be overturned “because the jury could have convicted the defendant on both charges but quite possibly decided not to do so out of a sense o

11
Cooper v. Com.green
va · 2009 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024ANALYSIS The responsibility to properly instruct the jury “rest[s] in the sound discretion of the trial court.” Holmes v. Commonwealth, 76 Va. App. 34 , 52 (2022) (quoting Cooper v. Commonwealth, 277 Va. 377, 381 (2009)).

11
Clark v. Com.green
va · 1979 · cited in 1 Virginia opinions naming this issue, 1989–1989
1 sentence

1989Dillard, 216 Va. at 821 , 224 S.E.2d at 139 ; see also Clark v. Commonwealth, 219 Va. 237, 242 , 247 S.E.2d 376, 379 (1978).

11
Clark v. Commonwealthgreen
va · 1978 · cited in 1 Virginia opinions naming this issue, 1989–1989
1 sentence

1989Dillard, 216 Va. at 821 , 224 S.E.2d at 139 ; see also Clark v. Commonwealth, 219 Va. 237, 242 , 247 S.E.2d 376, 379 (1978).

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
Dillard v. Commonwealth green
va · 1976
2 sentences

2025A cautionary jury instruction should not be given if the record contains corroborating evidence that “tend[s] to connect the accused [to] the crime[s].” See id. (quoting Dillard, 216 Va. at 823 ).

2025A cautionary jury instruction should not be given if the record contains corroborating evidence that “tend[s] to connect the accused [to] the crime[s].” See id. (quoting Dillard, 216 Va. at 823 ).

31989–2025
Smith v. Commonwealth green
va · 1977
2 sentences

2025A cautionary jury instruction should not be given if the record contains corroborating evidence that “tend[s] to connect the accused [to] the crime[s].” See id. (quoting Dillard, 216 Va. at 823 ).

2025A cautionary jury instruction should not be given if the record contains corroborating evidence that “tend[s] to connect the accused [to] the crime[s].” See id. (quoting Dillard, 216 Va. at 823 ).

22025–2025

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

PA 82 (1981–2025) MS 26 (1980–2026) MT 23 (1984–2026) UT 17 (1985–2026) OH 13 (1991–2024) WI 12 (1998–2025) IL 6 (1970–2021) KS 6 (1996–2021) FL 5 (1974–1998) WA 5 (1984–2013) IA 5 (2019–2023) VA 5 (1989–2025) CT 5 (1997–2025) ND 5 (1998–2019) NH 5 (1991–2024) NV 4 (1996–2015) MI 4 (1975–2018) AZ 4 (2012–2021) OR 4 (1999–2025) HI 3 (2012–2018) RI 3 (2002–2026) NY 2 (2008–2015) CO 2 (2025–2025) MD 2 (1992–2013)

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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