proffered jury instruction in Virginia

2025BACKGROUND “When 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.” Pena Pinedo v. Commonwealth, 300 Va. 116 , 118 (2021) (quoting Commonwealth v. Vaughn, 263 Va. 31, 33 (2002)). * This opinion is not designated for publication.

2025“When 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.” Commonwealth v. Vaughn, 263 Va. 31, 33 (2002).

2014BACKGROUND The appellate court, when considering a trial court’s refusal to give a proffered jury instruction, views “‘the evidence with respect to the refused instruction in the light most favorable’ to the appellant.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 158 (1999) (quoting Boone v. Commonwealth, 14 Va. App. 130, 131 , 415 S.E.2d 250, 251 (1992)).

2014BACKGROUND The appellate court, when considering a trial court’s refusal to give a proffered jury instruction, views “‘the evidence with respect to the refused instruction in the light most favorable’ to the appellant.” Woolridge v. Commonwealth, 29 Va. App. 339, 348 , 512 S.E.2d 153, 158 (1999) (quoting Boone v. Commonwealth, 14 Va. App. 130, 131 , 415 S.E.2d 250, 251 (1992)).

2026“When 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.” Watson v. Commonwealth, 298 Va. 197 , 207 (2019) (quoting Payne v. Commonwealth, 292 Va. 855, 869 (2016)).

2025When 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. - 17 - Watson v. Commonwealth, 298 Va. 197 , 207 (2019) (alteration in original) (quoting Payne v. Commonwealth, 292 Va. 855, 869 (2016)).

2025“We review a trial court’s decisions in giving and denying requested jury instructions for abuse of discretion.” Holmes v. Commonwealth, 76 Va. App. 34 , 53 (2022) (quoting Conley v. Commonwealth, 74 Va. App. 658 , 675 (2022)). “[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.” Dandridge, 72 Va. App. at 676 (quoting Lienau, 69 Va. App. at 260 ). “[J]ury instructions are proper only if supported by the evidence, and more than a scintilla of evidence is required.” Watson v. Commonw

2024“When 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.” Williams v. Commonwealth, 64 Va. App. 240, 244 (2015) (quoting Commonwealth v. Vaughn, 263 Va. 31, 33 (2002)).

2026“When granted instructions fully and fairly cover a principle of law, a trial court does not abuse its discretion in refusing another instruction relating to the same legal principle.” Hilton v. Commonwealth, 293 Va. 293, 302 (2017) (quoting Daniels v. Commonwealth, 275 Va. 460, 466 (2008)). “[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.” Dandridge v. Commonwealth, 72 Va. App. 669 , 676 (2021) (quoting Lienau, 69 Va. App. at 260).

2026“Thus, it is not error to refuse an instruction when there is no evidence to support it.” Id. at 247 (quoting Commonwealth v. Sands, 262 Va. 724, 729 (2001)). “[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.” Dandridge v. Commonwealth, 72 Va. App. 669 , 676 (2021) (quoting Lienau v. Commonwealth, 69 Va. App. 254, 260 (2018)).

2024“Whether a proffered jury instruction accurately states the law, however, is reviewed de novo.” Id. “[I]n deciding whether a particular instruction is appropriate, we view the facts in the light most favorable to the proponent of the instruction.” Id. (quoting Cooper v. Commonwealth, 277 Va. 377, 381 (2009)).

2024“Whether a proffered jury instruction accurately states the law, however, is reviewed de novo.” Id. (citing Sarafin v. Commonwealth, 288 Va. 320 , 325 (2014)). “[I]n deciding whether a particular instruction is appropriate, we view the facts in the light most favorable to the proponent of the instruction.” Id. (quoting Cooper v. Commonwealth, 277 Va. 377, 381 (2009)).

2025To that end, a proffered jury instruction “must be supported by ‘more than a scintilla’ of evidence.” Graves v. Commonwealth, 65 Va. App. 702, 708 (2016) (quoting Turman v. Commonwealth, 276 Va. 558, 564 (2008)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Lienau, 69 Va. App. at 264 (alteration in original) (quoting King, 64 Va. App. at 587 ).

2024But we review de novo whether a proffered jury instruction “accurately states the relevant law.” Graves v. Commonwealth, 65 Va. App. 702, 707 (2016) (quoting Sarafin v. Commonwealth, 288 Va. 320 , 325 (2014)).

2024“When reviewing a trial judge’s decision refusing a proffered jury instruction, ‘the appropriate standard of review requires that we view the evidence with respect to the refused instruction in the light most favorable to [the proponent of the instruction].’” Stevens v. Commonwealth, 46 Va. App. 234, 247 (2005) (en banc) (alteration in original) (quoting Hartigan v. Commonwealth, 31 Va. App. 243, 257 (1999)).

2005When reviewing a trial judge’s decision refusing a proffered jury instruction, “ ‘[t]he appropriate standard of review requires that we view the evidence with respect to the refused instruction in the light most favorable to [the proponent of the instruction].’ ” Hartigan v. Commonwealth, 31 Va.App. 243, 257 , 522 S.E.2d 406, 412 (1999) (quoting Boone v. Commonwealth, 14 Va.App. 130, 131 , 415 S.E.2d 250, 251 (1992)).

2025“We review a trial court’s decisions in giving and denying requested jury instructions for abuse of discretion.” Holmes v. Commonwealth, 76 Va. App. 34 , 53 (2022) (quoting Conley v. Commonwealth, 74 Va. App. 658 , 675 (2022)). “[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.” Dandridge, 72 Va. App. at 676 (quoting Lienau, 69 Va. App. at 260 ). “[J]ury instructions are proper only if supported by the evidence, and more than a scintilla of evidence is required.” Watson v. Commonw

2024Id. “[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.” Dandridge v. Commonwealth, 72 Va. App. 669 , 676 (2021) (quoting Lienau, 69 Va. App. at 260 ). “[J]ury instructions are proper only if supported by the evidence, and more than a scintilla of evidence is required.” Watson v. Commonwealth, 298 Va. 197 , 207 (2019) (quoting - 11 - Payne v. Commonwealth, 292 Va. 855, 869 (2016)); see Williams v. Commonwealth, 64 Va. App. 240, 246 (2015) (“Although a defendant ‘is entitled to an i

2026This Court will find an abuse of discretion only when “reasonable jurists could not differ.” Hicks v. Commonwealth, 71 Va. App. 255 , 275 (2019). “[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.” Dandridge v. Commonwealth, 72 Va. App. 669 , 676 (2021) (quoting Lienau v. Commonwealth, 69 Va. App. 254, 260 (2018)). 5 The jury acquitted him of abduction. -6- “A reviewing court’s responsibility in reviewing jury instructions is ‘to see that the law has been clearly stated and that t

2023Cf. generally Fahringer, 70 Va. App. at 211 (recognizing that “[w]hen reviewing a trial court’s refusal to give a proffered jury instruction” turns on the underlying facts, the appellate court “view[s] the evidence in the light most favorable to the proponent of the instruction” (quoting Williams v. Commonwealth, 64 Va. App. 240, 244 (2015))).

2015BACKGROUND “When 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.” Commonwealth v. Vaughn, 263 Va. 31, 33 , 557 S.E.2d 220, 221 (2002) (citing Blondel v. Hays, 241 Va. 467, 469 , 403 S.E.2d 340, 341 (1991)).

2015BACKGROUND “When 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.” Commonwealth v. Vaughn, 263 Va. 31, 33 , 557 S.E.2d 220, 221 (2002) (citing Blondel v. Hays, 241 Va. 467, 469 , 403 S.E.2d 340, 341 (1991)).

2026This Court will find an abuse of discretion only when “reasonable jurists could not differ.” Hicks v. Commonwealth, 71 Va. App. 255 , 275 (2019). “[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.” Dandridge v. Commonwealth, 72 Va. App. 669 , 676 (2021) (quoting Lienau v. Commonwealth, 69 Va. App. 254, 260 (2018)). 5 The jury acquitted him of abduction. -6- “A reviewing court’s responsibility in reviewing jury instructions is ‘to see that the law has been clearly stated and that t

2024Id. “[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.” Dandridge v. Commonwealth, 72 Va. App. 669 , 676 (2021) (quoting Lienau, 69 Va. App. at 260 ). “[J]ury instructions are proper only if supported by the evidence, and more than a scintilla of evidence is required.” Watson v. Commonwealth, 298 Va. 197 , 207 (2019) (quoting - 11 - Payne v. Commonwealth, 292 Va. 855, 869 (2016)); see Williams v. Commonwealth, 64 Va. App. 240, 246 (2015) (“Although a defendant ‘is entitled to an i

2025“When 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.” Brown v. Commonwealth, 68 Va. App. 746, 789 (2018) (quoting King v. Commonwealth, 64 Va. App. 580, 583 (2015)).

2025To that end, a proffered jury instruction “must be supported by ‘more than a scintilla’ of evidence.” Graves v. Commonwealth, 65 Va. App. 702, 708 (2016) (quoting Turman v. Commonwealth, 276 Va. 558, 564 (2008)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Lienau, 69 Va. App. at 264 (alteration in original) (quoting King, 64 Va. App. at 587 ).

2026However, the proponent bears the burden to “satisfy the trial court that the proposed language is a correct statement of the law, applicable to the facts of the case on trial, and expressed in appropriate - 11 - language.” Miller v. Commonwealth, 64 Va. App. 527, 547 (2015) (quoting Shaikh v. Johnson, 276 Va. 537, 546 (2008)).

2024“The burden is on -4- the proponent of the instruction ‘to satisfy the trial court that the proposed language is a correct statement of the law, applicable to the facts of the case on trial, and expressed in appropriate language.’” Miller v. Commonwealth, 64 Va. App. 527, 547 (2015) (quoting Shaikh v. Johnson, 276 Va. 537, 546 (2008)).

2026And where a proffered jury instruction is an otherwise correct statement of law, such instruction “is proper only if supported by more than a scintilla of evidence.” Commonwealth v. Cary, 271 Va. 87, 100 (2006) (quoting Commonwealth v. Sands, 262 Va. 724, 729 (2001)).

2023“Jury instructions are proper only when supported by the evidence, and ‘more than a scintilla of evidence is necessary to support a[n] . . . instruction requested by the defendant.’” Commonwealth v. Leal, 265 Va. 142, 145 (2003) (quoting Commonwealth v. Donkor, 256 Va. 443, 445 (1998)). “[I]t is not error to refuse an instruction when there is no evidence to support it.” Commonwealth v. Cary, 271 Va. 87, 100 (2006).

2026And where a proffered jury instruction is an otherwise correct statement of law, such instruction “is proper only if supported by more than a scintilla of evidence.” Commonwealth v. Cary, 271 Va. 87, 100 (2006) (quoting Commonwealth v. Sands, 262 Va. 724, 729 (2001)).

2026“Thus, it is not error to refuse an instruction when there is no evidence to support it.” Id. at 247 (quoting Commonwealth v. Sands, 262 Va. 724, 729 (2001)). “[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.” Dandridge v. Commonwealth, 72 Va. App. 669 , 676 (2021) (quoting Lienau v. Commonwealth, 69 Va. App. 254, 260 (2018)).

2025“A killing done in the heat of passion and upon reasonable provocation will reduce a homicide from murder to voluntary manslaughter.” Rhodes v. Commonwealth, 41 Va. App. 195, 200 (2003).

2025“Thus, “[w]hile both the Commonwealth and the defense are entitled to have the jury instructed as to their theory of the case, ‘[j]ury instructions are properly refused if not supported by more than a scintilla of evidence.’” Bell v. Commonwealth, 66 Va. App. 479, 486 (2016) (quoting Rhodes v. Commonwealth, 41 Va. App. 195, 200 (2003)).

2023“This Court’s ‘sole responsibility in reviewing’ the trial court’s decision ‘is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.’” Id. (quoting Cooper, 277 Va. at 381 ). - 30 - “[W]hen a principle of law is vital to a defendant in a criminal case, a trial court has an affirmative duty properly to instruct a jury about the matter.” Jimenez v. Commonwealth, 241 Va. 244, 250 (1991).

2023“This Court’s ‘sole responsibility in reviewing’ the trial court’s decision ‘is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.’” Id. (quoting Cooper, 277 Va. at 381 ). - 30 - “[W]hen a principle of law is vital to a defendant in a criminal case, a trial court has an affirmative duty properly to instruct a jury about the matter.” Jimenez v. Commonwealth, 241 Va. 244, 250 (1991).

2023“Jury instructions are proper only when supported by the evidence, and ‘more than a scintilla of evidence is necessary to support a[n] . . . instruction requested by the defendant.’” Commonwealth v. Leal, 265 Va. 142, 145 (2003) (quoting Commonwealth v. Donkor, 256 Va. 443, 445 (1998)). “[I]t is not error to refuse an instruction when there is no evidence to support it.” Commonwealth v. Cary, 271 Va. 87, 100 (2006).

2006Commonwealth v. Leal, 265 Va. 142, 145 , 574 S.E.2d 285, 287 (2003); Commonwealth v. Vaughn, 263 Va. 31, 33 , 557 S.E.2d 220, 221 (2002).

2004Hood’s Proffered Jury Instructions A. Standard of Review When reviewing a trial judge’s decision refusing a proffered jury instruction, “‘the appropriate standard of review requires that we view the evidence with respect to the refused instruction in the light most favorable to [the proponent of the instruction].’” Hartigan v. Commonwealth, 31 Va. App. 243, 257 , 522 S.E.2d 406, 412 (1999) (quoting Boone v. Commonwealth, 14 Va. App. 130, 131 , 415 S.E.2d 250, 251 (1992)). “[M]ore than a scintilla of evidence is necessary to support a lesser-included offense instruction requested by the defenda

2004Hood’s Proffered Jury Instructions A. Standard of Review When reviewing a trial judge’s decision refusing a proffered jury instruction, “‘the appropriate standard of review requires that we view the evidence with respect to the refused instruction in the light most favorable to [the proponent of the instruction].’” Hartigan v. Commonwealth, 31 Va. App. 243, 257 , 522 S.E.2d 406, 412 (1999) (quoting Boone v. Commonwealth, 14 Va. App. 130, 131 , 415 S.E.2d 250, 251 (1992)). “[M]ore than a scintilla of evidence is necessary to support a lesser-included offense instruction requested by the defenda

2024“A proffered jury instruction -9- ‘must be supported by “more than a scintilla” of evidence.’” Id. (quoting Graves v. Commonwealth, 65 Va. App. 702, 708 (2016)). “[T]he weight of the credible evidence that will amount to more than a mere scintilla of evidence is a matter to be resolved on a case-by-case basis.” Pinedo v. Commonwealth, 72 Va. App. 74 , 81 (2020) (alteration in original) (quoting Williams v. Commonwealth, 64 Va. App. 240, 247 (2015)).

2009“When 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.” Commonwealth v. Vaughn, 263 Va. 31, 33 , 557 S.E.2d 220, 221 (2002). ‘“The trial judge has broad discretion in giving or denying instructions requested.’” Gaines v. Commonwealth, 39 Va. App. 562, 568 , 574 S.E.2d 775, 778 (2003) (en banc) (quoting John L.

2026However, the proponent bears the burden to “satisfy the trial court that the proposed language is a correct statement of the law, applicable to the facts of the case on trial, and expressed in appropriate - 11 - language.” Miller v. Commonwealth, 64 Va. App. 527, 547 (2015) (quoting Shaikh v. Johnson, 276 Va. 537, 546 (2008)).

2024“The burden is on -4- the proponent of the instruction ‘to satisfy the trial court that the proposed language is a correct statement of the law, applicable to the facts of the case on trial, and expressed in appropriate language.’” Miller v. Commonwealth, 64 Va. App. 527, 547 (2015) (quoting Shaikh v. Johnson, 276 Va. 537, 546 (2008)).

2025This Court’s role “is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.” Swisher v. Swisher, 223 Va. 499, 503 (1982). “[W]hen reviewing jury instructions on appeal, we read the instructions together and consider them as a whole[.]” Griffin v. Commonwealth, 78 Va. App. 116 , 145 (2023) (quoting Supervalu, Inc. v. Johnson, 276 Va. 356, 366 (2008)).

2002"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. Swisher, 223 Va. 499, 503 , 290 S.E.2d 856, 858 (1982)).

2025“Additionally, ‘[w]here the conflicting evidence tends to sustain either the prosecution’s or defense’s theory of the case, the trial judge must instruct the jury as to both theories.’” King, 64 Va. App. at 587 (alteration in original) (quoting Foster v. Commonwealth, 13 Va. App. 380, 383 (1991)).

2016Foster v. Commonwealth, 13 Va. App. 380, 383 , 412 S.E.2d 198, 200 (1991).

2025To that end, a proffered jury instruction “must be supported by ‘more than a scintilla’ of evidence.” Graves v. Commonwealth, 65 Va. App. 702, 708 (2016) (quoting Turman v. Commonwealth, 276 Va. 558, 564 (2008)). “‘The weight of the credible evidence that will amount to more than a mere scintilla . . . is a matter to be resolved on a case-by-case basis’ by assessing the evidence in support of a proposition against the ‘other credible evidence that negates’ it.” Lienau, 69 Va. App. at 264 (alteration in original) (quoting King, 64 Va. App. at 587 ).

2019A proffered jury instruction “must be supported by ‘more than a scintilla’ of evidence.” Graves v. Commonwealth, 65 Va. App. 702, 708 (2016) (quoting Turman v. Commonwealth, 276 Va. 558, 564 (2008)).

2024It is well settled that “where granted instructions ‘fully and fairly cover a principle of law, a trial court does not abuse its discretion in refusing another instruction relating to the same legal principle.’” Taylor v. Commonwealth, 77 Va. App. 149 , 168-69 (2023) (quoting Huguely v. Commonwealth, 63 Va. App. 92, 129 (2014)).

2024No. 18.622; Huguely v. -8- Commonwealth, 63 Va. App. 92, 129 (2014) (in upholding a trial court’s decision to give a proffered jury instruction, noting that it was a model instruction).

2024A defendant is entitled to an instruction regarding his theory of the case “when such an instruction is supported by some appreciable evidence.” Harris v. Commonwealth, 134 Va. 688, 695 (1922). “[T]he evidence asserted in support of such an instruction ‘must amount to more than a scintilla.’” Buchanan v. Commonwealth, 238 Va. 389, 409 (1989) (quoting Justus v. Commonwealth, 222 Va. 667, 678 (1981)).

2023“When 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.” Williams v. Commonwealth, 64 Va. App. 240, 244 (2015) (quoting Commonwealth v. Vaughn, 263 Va. 31, 33 (2002)). “[T]he evidence asserted in support of such an instruction ‘must amount to more than a scintilla.’” Buchanan v. Commonwealth, 238 Va. 389, 409 (1989) (quoting Justus v. Commonwealth, 222 Va. 667, 678 (1981)). “‘If a proffered instruction [on the defendant’s theory of defense] finds any support in credible evidence,’ howeve

2026“When we review the content of jury instructions, our ‘sole responsibility . . . is to see that the law has been clearly stated and that the instructions cover all issues which the evidence fairly raises.’” Cain v. Lee, 290 Va. 129 , 134 (2015) (alteration in original) (quoting Knight, 277 Va. at 131 ).

2014Hancock-Underwood v. Knight, 277 Va. 127, 131 , 670 S.E.2d 720, 722 (2009).

2025“If the evidence in conflict tends to support either the prosecution or the defense’s theory of the case, the jury must be instructed as to both theories.” Bell, 66 Va. App. at 486 .

2025“Thus, “[w]hile both the Commonwealth and the defense are entitled to have the jury instructed as to their theory of the case, ‘[j]ury instructions are properly refused if not supported by more than a scintilla of evidence.’” Bell v. Commonwealth, 66 Va. App. 479, 486 (2016) (quoting Rhodes v. Commonwealth, 41 Va. App. 195, 200 (2003)).