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22 Virginia opinions name it 1 courts 1998–2014 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.
| Case | Followed | Cited |
|---|---|---|
Lynn v. Commonwealthgreen2 sentences2011We disagree. "`On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.'" Connell v. Commonwealth, 34 Va.App. 429, 436 , 542 S.E.2d 49, 53 (2001) (quoting Lynn v. Commonwealth, 27 Va.App. 336, 344 , 499 S.E.2d 1, 4-5 (1998)). 2011We disagree. "`On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.'" Connell v. Commonwealth, 34 Va.App. 429, 436 , 542 S.E.2d 49, 53 (2001) (quoting Lynn v. Commonwealth, 27 Va.App. 336, 344 , 499 S.E.2d 1, 4-5 (1998)). | 17 | 17 |
Darnell v. Commonwealthgreen2 sentences2003On appeal, when the issue is a refused jury instruction, "[the evidence is viewed] in the light most favorable to the proponent of the instruction." Lynn, 27 Va. App. at 344 , 499 S.E.2d at 4-5 (citation omitted). "'A jury instruction, even though correctly stating the law, should not be given if it is not applicable to the facts in evidence.'" Arnold v. Commonwealth, 37 Va. App. 781, 787 , 560 S.E.2d 915, 919 (2002) (quoting Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988)). 2003On appeal, when the issue is a refused jury instruction, "[the evidence is viewed] in the light most favorable to the proponent of the instruction." Lynn, 27 Va. App. at 344 , 499 S.E.2d at 4-5 (citation omitted). "'A jury instruction, even though correctly stating the law, should not be given if it is not applicable to the facts in evidence.'" Arnold v. Commonwealth, 37 Va. App. 781, 787 , 560 S.E.2d 915, 919 (2002) (quoting Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988)). | 5 | 5 |
Foster v. Commonwealthgreen2 sentences2006“A party is entitled to have the jury instructed according to the law favorable to his or her theory of the case if evidence in the record supports it.” Foster v. Commonwealth, 13 Va. App. 380, 383 , 412 S.E.2d 198, 200 (1991). 2006“A party is entitled to have the jury instructed according to the law favorable to his or her theory of the case if evidence in the record supports it.” Foster v. Commonwealth, 13 Va. App. 380, 383 , 412 S.E.2d 198, 200 (1991). | 4 | 4 |
Commonwealth v. Vaughngreen2 sentences2012See Commonwealth v. Vaughn, 263 Va. 31, 33 , 557 S.E.2d 220, 221 (2002) (“[W]hen reviewing a trial court’s refusal to give a proffered jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.”). 2012See Commonwealth v. Vaughn, 263 Va. 31, 33 , 557 S.E.2d 220, 221 (2002) (“[W]hen reviewing a trial court’s refusal to give a proffered jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.”). | 2 | 2 |
Swisher v. Swisher & Craungreen2 sentences2011“A reviewing court’s responsibility in reviewing jury instructions is ‘to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.’” Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988) (quoting Swisher v. - 10 - Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)). 2011“A reviewing court’s responsibility in reviewing jury instructions is ‘to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.’” Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988) (quoting Swisher v. - 10 - Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)). | 2 | 2 |
Turner v. Commonwealthgreen2 sentences2001“On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.” Lynn v. Commonwealth, 27 Va.App. 336, 344 , 499 S.E.2d 1, 4-5 (1998) (citing Turner v. Commonwealth, 23 Va.App. 270, 275 , 476 S.E.2d 504, 507 (1996)), aff'd, 257 Va. 239 , 514 S.E.2d 147 (1999). 2001“On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.” Lynn v. Commonwealth, 27 Va.App. 336, 344 , 499 S.E.2d 1, 4-5 (1998) (citing Turner v. Commonwealth, 23 Va.App. 270, 275 , 476 S.E.2d 504, 507 (1996)), aff'd, 257 Va. 239 , 514 S.E.2d 147 (1999). | 2 | 2 |
Connell v. Commonwealthgreen2 sentences2011We disagree. "`On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.'" Connell v. Commonwealth, 34 Va.App. 429, 436 , 542 S.E.2d 49, 53 (2001) (quoting Lynn v. Commonwealth, 27 Va.App. 336, 344 , 499 S.E.2d 1, 4-5 (1998)). 2011We disagree. "`On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.'" Connell v. Commonwealth, 34 Va.App. 429, 436 , 542 S.E.2d 49, 53 (2001) (quoting Lynn v. Commonwealth, 27 Va.App. 336, 344 , 499 S.E.2d 1, 4-5 (1998)). | 1 | 1 |
Morse v. Commonwealthgreen2 sentences2011Nevertheless, "the trial court should instruct the jury only on those theories of the case which find support in the evidence." Morse v. Commonwealth, 17 Va. App. 627, 632 , 440 S.E.2d 145, 149 (1994). 2011Nevertheless, "the trial court should instruct the jury only on those theories of the case which find support in the evidence." Morse v. Commonwealth, 17 Va. App. 627, 632 , 440 S.E.2d 145, 149 (1994). | 1 | 1 |
Rose v. Jaquesgreen2 sentences2010Here, even viewing the evidence in the light most favorable to appellant, the proponent of the refused jury instruction, see Rose v. Jaques, 268 Va. 137, 150 , 597 S.E.2d 64, 71 (2004), there was not even a scintilla of evidence presented at trial that anyone but appellant was in the basement apartment on the morning of Febru *737 ary 14, 2008—when the files containing child pornography were saved to the temporary Internet cache of appellant’s computer. 2010Here, even viewing the evidence in the light most favorable to appellant, the proponent of the refused jury instruction, see Rose v. Jaques, 268 Va. 137, 150 , 597 S.E.2d 64, 71 (2004), there was not even a scintilla of evidence presented at trial that anyone but appellant was in the basement apartment on the morning of Febru *737 ary 14, 2008—when the files containing child pornography were saved to the temporary Internet cache of appellant’s computer. | 1 | 1 |
Shaikh v. Johnsongreen2 sentences2010Moreover, appellant, as the proponent of the refused jury instruction, bore the burden “to satisfy the trial court that the proposed language [gave] a correct statement of the law, applicable to the facts of the case on trial, and expressed in appropriate language.” Shaikh v. Johnson, 276 Va. 537, 546 , 666 S.E.2d 325, 329 (2008). 2010Moreover, appellant, as the proponent of the refused jury instruction, bore the burden “to satisfy the trial court that the proposed language [gave] a correct statement of the law, applicable to the facts of the case on trial, and expressed in appropriate language.” Shaikh v. Johnson, 276 Va. 537, 546 , 666 S.E.2d 325, 329 (2008). | 1 | 1 |
Cherrix v. Commonwealthgreen2 sentences2010See Cherrix v. Commonwealth, 257 Va. 292, 307 , 513 S.E.2d 642, 652 (1999) (stating that “a defendant is not entitled to a jury instruction unless it is supported by more than a scintilla of evidence”). 2010See Cherrix v. Commonwealth, 257 Va. 292, 307 , 513 S.E.2d 642, 652 (1999) (stating that “a defendant is not entitled to a jury instruction unless it is supported by more than a scintilla of evidence”). | 1 | 1 |
Commonwealth v. Donkorgreen2 sentences2009Instruction of the Jury “On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.” Lynn v. Commonwealth, 27 Va. App. 336, 344 , 499 S.E.2d 1, 4-5 (1998), aff’d, 257 Va. 239 , 514 S.E.2d 147 (1999). “[J]ury instructions are proper only if supported by the evidence” and “more than a scintilla of evidence is necessary.” Commonwealth v. Donkor, 256 Va. 443, 445 , 507 S.E.2d 75, 76 (1998). 2009Instruction of the Jury “On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.” Lynn v. Commonwealth, 27 Va. App. 336, 344 , 499 S.E.2d 1, 4-5 (1998), aff’d, 257 Va. 239 , 514 S.E.2d 147 (1999). “[J]ury instructions are proper only if supported by the evidence” and “more than a scintilla of evidence is necessary.” Commonwealth v. Donkor, 256 Va. 443, 445 , 507 S.E.2d 75, 76 (1998). | 1 | 1 |
Hatcher v. Commonwealthgreen2 sentences2009Even if an instruction correctly states the law, “if it is not applicable to the facts and circumstances of the case, it should not be given.” Hatcher v. Commonwealth, 218 Va. 811, 813-14 , 241 S.E.2d 756, 758 (1978). 2009Even if an instruction correctly states the law, “if it is not applicable to the facts and circumstances of the case, it should not be given.” Hatcher v. Commonwealth, 218 Va. 811, 813-14 , 241 S.E.2d 756, 758 (1978). | 1 | 1 |
Dowdy v. Commonwealthgreen2 sentences2004“A reviewing court’s -4- responsibility in reviewing jury instructions is ‘to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.’” Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988) (quoting Swisher v. Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)). “[A] jury must be informed as to the essential elements of the offense; a correct statement of the law is one of the ‘essentials of a fair trial.’” Id. (quoting Dowdy v. Commonwealth, 220 Va. 114, 116 , 255 S.E.2d 506, 508 (1979)). 2004“A reviewing court’s -4- responsibility in reviewing jury instructions is ‘to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.’” Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988) (quoting Swisher v. Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)). “[A] jury must be informed as to the essential elements of the offense; a correct statement of the law is one of the ‘essentials of a fair trial.’” Id. (quoting Dowdy v. Commonwealth, 220 Va. 114, 116 , 255 S.E.2d 506, 508 (1979)). | 1 | 1 |
Arnold v. Commonwealthgreen2 sentences2003On appeal, when the issue is a refused jury instruction, "[the evidence is viewed] in the light most favorable to the proponent of the instruction." Lynn, 27 Va. App. at 344 , 499 S.E.2d at 4-5 (citation omitted). "'A jury instruction, even though correctly stating the law, should not be given if it is not applicable to the facts in evidence.'" Arnold v. Commonwealth, 37 Va. App. 781, 787 , 560 S.E.2d 915, 919 (2002) (quoting Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988)). 2003On appeal, when the issue is a refused jury instruction, "[the evidence is viewed] in the light most favorable to the proponent of the instruction." Lynn, 27 Va. App. at 344 , 499 S.E.2d at 4-5 (citation omitted). "'A jury instruction, even though correctly stating the law, should not be given if it is not applicable to the facts in evidence.'" Arnold v. Commonwealth, 37 Va. App. 781, 787 , 560 S.E.2d 915, 919 (2002) (quoting Darnell v. Commonwealth, 6 Va. App. 485, 488 , 370 S.E.2d 717, 719 (1988)). | 1 | 1 |
Essex v. Commonwealthgreen2 sentences2000“Malice, a requisite element for murder of any kind, is unnecessary in manslaughter cases and is the touchstone by which murder and manslaughter cases are distinguished.” Essex v. Commonwealth, 228 Va. 273, 280 , 322 S.E.2d 216, 219-20 (1984) (citation omitted). 2000“Malice, a requisite element for murder of any kind, is unnecessary in manslaughter cases and is the touchstone by which murder and manslaughter cases are distinguished.” Essex v. Commonwealth, 228 Va. 273, 280 , 322 S.E.2d 216, 219-20 (1984) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lynn v. Commonwealth
green
2 sentences2009Instruction of the Jury “On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.” Lynn v. Commonwealth, 27 Va. App. 336, 344 , 499 S.E.2d 1, 4-5 (1998), aff’d, 257 Va. 239 , 514 S.E.2d 147 (1999). “[J]ury instructions are proper only if supported by the evidence” and “more than a scintilla of evidence is necessary.” Commonwealth v. Donkor, 256 Va. 443, 445 , 507 S.E.2d 75, 76 (1998). 2009Instruction of the Jury “On appeal, when the issue is a refused jury instruction, we view the evidence in the light most favorable to the proponent of the instruction.” Lynn v. Commonwealth, 27 Va. App. 336, 344 , 499 S.E.2d 1, 4-5 (1998), aff’d, 257 Va. 239 , 514 S.E.2d 147 (1999). “[J]ury instructions are proper only if supported by the evidence” and “more than a scintilla of evidence is necessary.” Commonwealth v. Donkor, 256 Va. 443, 445 , 507 S.E.2d 75, 76 (1998). | 12 | 1999–2009 |
Barnes v. Commonwealth
green
2 sentences2014Appellant’s proposed instruction focuses 5 The full text of the abandonment instruction that the Supreme Court approved in Barnes, 190 Va. at 740 , 58 S.E.2d at 16 , reads as follows: The Court instructs the jury that if you believe from the evidence that the Welding Engineers maintained a dump at or near their premises and that they suffered or permitted the accused and others to reclaim metal and other scrap materials therefrom; and if you further believe from the evidence that the accused found the cable in question upon the said dump and removed it as they had been permitted to do on other 2014Appellant’s proposed instruction focuses 5 The full text of the abandonment instruction that the Supreme Court approved in Barnes, 190 Va. at 740 , 58 S.E.2d at 16 , reads as follows: The Court instructs the jury that if you believe from the evidence that the Welding Engineers maintained a dump at or near their premises and that they suffered or permitted the accused and others to reclaim metal and other scrap materials therefrom; and if you further believe from the evidence that the accused found the cable in question upon the said dump and removed it as they had been permitted to do on other | 1 | 2014–2014 |
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.
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.