defendant has proffered instruction (Virginia) · Go Syfert
← Virginia issues

defendant has proffered instruction in Virginia

5 Virginia opinions name it 1 courts 2008–2018 0 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 (4)

CaseFollowedCited
Tart v. Commonwealthgreen
vactapp · 2008 · cited in 3 Virginia opinions naming this issue, 2015–2018
2 sentences

2018Therefore, as Instruction 9 fully and fairly covered the legal principle at issue, appellant’s rejected instruction was merely duplicative. 3 This instruction uses the language of the Model Jury Instructions. 2 Virginia Model Jury Instructions-Criminal, No. G47.100, at 47-3 (repl. ed. 2017). -9- Appellant further argues that the instruction should have been given because it supported her theory of the case as presented at trial. “[A] criminal defendant is entitled to have the jury instructed on his or her theory of defense when the evidence in the record supports the defense and when the defen

2018Therefore, as Instruction 9 fully and fairly covered the legal principle at issue, appellant’s rejected instruction was merely duplicative. 3 This instruction uses the language of the Model Jury Instructions. 2 Virginia Model Jury Instructions-Criminal, No. G47.100, at 47-3 (repl. ed. 2017). -9- Appellant further argues that the instruction should have been given because it supported her theory of the case as presented at trial. “[A] criminal defendant is entitled to have the jury instructed on his or her theory of defense when the evidence in the record supports the defense and when the defen

33
Delacruz v. Commonwealthgreen
vactapp · 1990 · cited in 2 Virginia opinions naming this issue, 2008–2009
2 sentences

2009Delacruz v. Commonwealth, 11 Va. App. 335, 338 , 398 S.E.2d 103, 105 (1990).

2009Delacruz v. Commonwealth, 11 Va. App. 335, 338 , 398 S.E.2d 103, 105 (1990).

22
Com. v. Carygreen
va · 2006 · cited in 1 Virginia opinions naming this issue, 2015–2015
2 sentences

2015When considering whether a trial court abused its discretion by denying a defendant’s proffered instruction, this Court “view[s] the facts relevant to the determination of that issue in the light most favorable to [the defendant].” Commonwealth v. Cary, 271 Va. 87, 90-91 , 623 S.E.2d 906, 907 (2006). “[A] criminal defendant is entitled to have the jury instructed on his or her *548 theory of defense when the evidence in the record supports the defense' and when the defendant has proffered an instruction that correctly states the law.” Tart v. Commonwealth, 52 Va.App. 272, 278, 663 S.E.2d 113,

2015When considering whether a trial court abused its discretion by denying a defendant’s proffered instruction, this Court “view[s] the facts relevant to the determination of that issue in the light most favorable to [the defendant].” Commonwealth v. Cary, 271 Va. 87, 90-91 , 623 S.E.2d 906, 907 (2006). “[A] criminal defendant is entitled to have the jury instructed on his or her *548 theory of defense when the evidence in the record supports the defense' and when the defendant has proffered an instruction that correctly states the law.” Tart v. Commonwealth, 52 Va.App. 272, 278, 663 S.E.2d 113,

11
Painter v. Commonwealthgreen
va · 1969 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008Delacruz v. Commonwealth, 11 Va.App. 335, 338 , 398 S.E.2d 103, 105 (1990) (citing Painter v. Commonwealth, 210 Va. 360, 365 , 171 S.E.2d 166, 168 (1969)).

2008Delacruz v. Commonwealth, 11 Va.App. 335, 338 , 398 S.E.2d 103, 105 (1990) (citing Painter v. Commonwealth, 210 Va. 360, 365 , 171 S.E.2d 166, 168 (1969)).

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
Snow v. Commonwealth green
vactapp · 2000
2 sentences

2015Here, the text of the refused instruction came from language in Snow, 33 Va.App. at 773 , 537 S.E.2d at 10 .

2015Here, the text of the refused instruction came from language in Snow, 33 Va.App. at 773 , 537 S.E.2d at 10 .

12015–2015

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.

← Caselaw search · G Cite Topics · Brief Check