14 Virginia opinions name it 5 courts 1929–2025 2 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 |
|---|---|---|
Harris v. Commonwealthgreen1 sentence2025“Although a defendant ‘is entitled to an instruction upon his theory of the case,’ this rule can be invoked ‘[o]nly when such instruction is supported by some appreciable evidence.’” Williams v. Commonwealth, 64 Va. App. 240, 246 (2015) (alteration in original) (emphasis omitted) (quoting Harris v. Commonwealth, 134 Va. 688, 695 (1922)). | 1 | 1 |
James Edward Williams v. Commonwealth of Virginiagreen1 sentence2025“Although a defendant ‘is entitled to an instruction upon his theory of the case,’ this rule can be invoked ‘[o]nly when such instruction is supported by some appreciable evidence.’” Williams v. Commonwealth, 64 Va. App. 240, 246 (2015) (alteration in original) (emphasis omitted) (quoting Harris v. Commonwealth, 134 Va. 688, 695 (1922)). | 1 | 1 |
Commonwealth v. Perkins (ORDER)green1 sentence2022“When reviewing the sufficiency of the evidence, ‘[t]he judgment of the trial court is presumed correct and will not be disturbed unless it is plainly wrong or without evidence to support it.’” Smith v. Commonwealth, 296 Va. 450 , 460 (2018) (alteration in original) (quoting Commonwealth v. Perkins, 295 Va. 323, 327 (2018)). | 1 | 1 |
James W. Waters, Jr v. Commonwealthgreen2 sentences2020See Waters v. Commonwealth, 39 Va. App. 72, 80 (2002) (affirming the trial court’s denial of an accident instruction that “required an outright acquittal if the jury had a reasonable doubt as to whether the killing was intentional” when an involuntary manslaughter conviction was a possible outcome).2 Instruction 9 permitted the jury to find Glenn guilty even if the killing was unintentional or accidental if the Commonwealth proved beyond a reasonable doubt that the accidental killing 2 We observe that King v. Commonwealth, 64 Va. App. 580, 592 (2015) (en banc), overruled the other holding in W 2020See Waters v. Commonwealth, 39 Va. App. 72, 80 (2002) (affirming the trial court’s denial of an accident instruction that “required an outright acquittal if the jury had a reasonable doubt as to whether the killing was intentional” when an involuntary manslaughter conviction was a possible outcome).2 Instruction 9 permitted the jury to find Glenn guilty even if the killing was unintentional or accidental if the Commonwealth proved beyond a reasonable doubt that the accidental killing 2 We observe that King v. Commonwealth, 64 Va. App. 580, 592 (2015) (en banc), overruled the other holding in W | 1 | 1 |
Calvin Darnell Butcher v. Commonwealth of Virginiagreen1 sentence2020See Butcher v. Commonwealth, 69 Va. App. 406, 416-21 (2018). | 1 | 1 |
LaDawn Shrieves King v. Commonwealth of Virginiagreen2 sentences2020See Waters v. Commonwealth, 39 Va. App. 72, 80 (2002) (affirming the trial court’s denial of an accident instruction that “required an outright acquittal if the jury had a reasonable doubt as to whether the killing was intentional” when an involuntary manslaughter conviction was a possible outcome).2 Instruction 9 permitted the jury to find Glenn guilty even if the killing was unintentional or accidental if the Commonwealth proved beyond a reasonable doubt that the accidental killing 2 We observe that King v. Commonwealth, 64 Va. App. 580, 592 (2015) (en banc), overruled the other holding in W 2020See Waters v. Commonwealth, 39 Va. App. 72, 80 (2002) (affirming the trial court’s denial of an accident instruction that “required an outright acquittal if the jury had a reasonable doubt as to whether the killing was intentional” when an involuntary manslaughter conviction was a possible outcome).2 Instruction 9 permitted the jury to find Glenn guilty even if the killing was unintentional or accidental if the Commonwealth proved beyond a reasonable doubt that the accidental killing 2 We observe that King v. Commonwealth, 64 Va. App. 580, 592 (2015) (en banc), overruled the other holding in W | 1 | 1 |
Hall v. Winn-Dixie Stores, Inc.green2 sentences2012The guide generally “informs an injured employee of his rights,” Code § 65.2-201, and does not limit itself to a specific accident or claim. 10 “According to the plain language of the statute, if the employer did not file a First Report, yet the claimant received a guide from the commission, then the claimant would not be prejudiced.” Hall v. Winn-Dixie Stores, Inc., 41 Va.App. 835, 842 , 589 S.E.2d 484, 488 (2003). 2012The guide generally “informs an injured employee of his rights,” Code § 65.2-201, and does not limit itself to a specific accident or claim. 10 “According to the plain language of the statute, if the employer did not file a First Report, yet the claimant received a guide from the commission, then the claimant would not be prejudiced.” Hall v. Winn-Dixie Stores, Inc., 41 Va.App. 835, 842 , 589 S.E.2d 484, 488 (2003). | 1 | 1 |
Southwest Virginia Tire, Inc. v. Bryantgreen2 sentences2000See also Metro Machine Corp. v. Lamb, 32 Va.App. 187, 193 , 532 S.E.2d 337, 339 (2000) *206 (“The fact that the employee did not seek a hearing within ... two years of the accident does not bar his claim.”); cf. Southwest Virginia Tire, Inc. v. Bryant, 31 Va.App. 655, 661 , 525 S.E.2d 563, 566 (2000) (noting that in a change in condition application, the employee is not required to produce evidence prior to the expiration of two years). 2000See also Metro Machine Corp. v. Lamb, 32 Va.App. 187, 193 , 532 S.E.2d 337, 339 (2000) *206 (“The fact that the employee did not seek a hearing within ... two years of the accident does not bar his claim.”); cf. Southwest Virginia Tire, Inc. v. Bryant, 31 Va.App. 655, 661 , 525 S.E.2d 563, 566 (2000) (noting that in a change in condition application, the employee is not required to produce evidence prior to the expiration of two years). | 1 | 1 |
Metro MacHine Corp. v. Lambgreen1 sentence2000See also Metro Machine Corp. v. Lamb, 32 Va.App. 187, 193 , 532 S.E.2d 337, 339 (2000) *206 (“The fact that the employee did not seek a hearing within ... two years of the accident does not bar his claim.”); cf. Southwest Virginia Tire, Inc. v. Bryant, 31 Va.App. 655, 661 , 525 S.E.2d 563, 566 (2000) (noting that in a change in condition application, the employee is not required to produce evidence prior to the expiration of two years). | 1 | 1 |
Mayberry v. Alcoa Buildings Productsgreen2 sentences1998Prods., 18 Va. App. 18, 20 , 441 S.E.2d 349, 350 (1994). 1998Prods., 18 Va. App. 18, 20 , 441 S.E.2d 349, 350 (1994). | 1 | 1 |
Finkel Outdoor Products, Inc. v. Bellgreen2 sentences1989Finkel Products *643 v. Bell, 205 Va. 927, 931 , 140 S.E.2d 695, 698 (1965). 1989Finkel Products *643 v. Bell, 205 Va. 927, 931 , 140 S.E.2d 695, 698 (1965). | 1 | 1 |
Fein v. Wadegreen2 sentences1987Fein v. Wade, 191 Va. 203, 210 , 61 S.E.2d 29, 32 (1950). 1987Fein v. Wade, 191 Va. 203, 210 , 61 S.E.2d 29, 32 (1950). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martin v. Commonwealth
green
1 sentence2025The Court held that Martin was entitled to an accident instruction because, “from the defendant’s statement to the police and his testimony at trial, the jury could have found that the killing . . . was accidental.” Id. at 6 . | 1 | 2025–2025 |
Jones v. Commonwealth
green
2 sentences2004Id. at 14-15 , 82 S.E.2d at 485 . 2004Id. at 14-15 , 82 S.E.2d at 485 . | 1 | 2004–2004 |
Brugh v. Jones
green
2 sentences2003Both parties rely on Brugh v. Jones, 265 Va. 136 , 574 S.E.2d 282 (2003), though, not surprisingly, the parties differ in their construction of that opinion. 2003Both parties rely on Brugh v. Jones, 265 Va. 136 , 574 S.E.2d 282 (2003), though, not surprisingly, the parties differ in their construction of that opinion. | 1 | 2003–2003 |
McGreevy v. Racal-Dana Instruments, Inc.
green
1 sentence1994Id. | 1 | 1994–1994 |
Litchford v. Hancock
green
2 sentences1993These issues become matters of law for decision by a court only when reasonable minds could not differ about the conclusion to be drawn from the evidence. [Citation omitted.]” Litchford v. Hancock, 232 Va. 496, 499 , 352 S.E.2d 335 (1987). 1993These issues become matters of law for decision by a court only when reasonable minds could not differ about the conclusion to be drawn from the evidence. [Citation omitted.]” Litchford v. Hancock, 232 Va. 496, 499 , 352 S.E.2d 335 (1987). | 1 | 1993–1993 |
Fireman's Fund Ins. Co. v. Haley
neutral
1 sentence1929In the case of Fireman’s Fund Insurance Company v. Haley, 129 Miss. 525 , 92 S. 635, 636, 23 A. L. | 1 | 1929–1929 |
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.