oral instruction in Virginia

14 Virginia opinions name it 4 courts 1846–2024 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.

Followed or applied (4)

Case	Followed	Cited
Walton v. Commonwealthgreen va · 1998 · cited in 1 Virginia opinions naming this issue, 2024–2024 1 sentence 2024The circuit court’s finding that the oral pronouncement may be given effect without a written court order contravenes “the firmly established law of this Commonwealth that a trial court speaks only through its written orders.” Walton v. Commonwealth, 256 Va. 85, 94 (1998) (quoting Davis v. Mullins, 251 Va. 141, 148 (1996)).	1	1
Davis v. Mullinsgreen va · 1996 · cited in 1 Virginia opinions naming this issue, 2024–2024 1 sentence 2024The circuit court’s finding that the oral pronouncement may be given effect without a written court order contravenes “the firmly established law of this Commonwealth that a trial court speaks only through its written orders.” Walton v. Commonwealth, 256 Va. 85, 94 (1998) (quoting Davis v. Mullins, 251 Va. 141, 148 (1996)).	1	1
Manby v. Union Pac. R.green ca8 · 1926 · cited in 1 Virginia opinions naming this issue, 1990–1990 1 sentence 1990In Manby v. Union Pacific Railroad Company, 10 F.2d 327, 329 (8th Cir. 1926), the court held that neither (1) letters exchanged between the shipper and the carrier inquiring about the shipment and claiming that the carrier had delivered the shipment to the wrong consignee, nor (2) an oral claim made within the claims period fulfilled the contractual requirement of notice in writing.	1	1
United States v. Freddy Antonio Contrerasgreen ca11 · 1982 · cited in 1 Virginia opinions naming this issue, 1985–1985 1 sentence 1985See United States v. Contreras, 667 F.2d 976 (11th Cir. 1982); Wright v. State, 483 F.2d 405 (4th Cir. 1973), cert. denied, 415 U.S. 936 (1974); State v. Maluia, 56 Hawaii 428 , 539 P.2d 1200 (1975); Emler v. State, 259 Ind. 241 , 286 N.E.2d 408 (1972).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (19)

Case	Cited	Years
Cunningham v. Cunningham neutral wva · 1899 2 sentences 1846Cunningham v. Cunningham, 46 W. 1846Cunningham v. Cunningham, 46 W.	3	1846–1846
Coffin v. United States green ca10 · 1895 2 sentences 1934As recently as the year 1925 this court, through the eminent Judge Burks, in the case of Phillips v. Com., 143 Va. 504 , at page 508, 129 S. E. 259, 260 , said: “The defendant having asked an instruction on the presumption of innjocence, however, the oral instruction, given by the court as a substitute for the written instruction tendered, was fatally defective in failing to instruct on the subject of presumption of innocence.” And quoting from the case of Coffin v. United States, 156 U. S. 432 , 15 S. Ct. 394 , 39 L. 1934As recently as the year 1925 this court, through the eminent Judge Burks, in the case of Phillips v. Com., 143 Va. 504 , at page 508, 129 S. E. 259, 260 , said: “The defendant having asked an instruction on the presumption of innjocence, however, the oral instruction, given by the court as a substitute for the written instruction tendered, was fatally defective in failing to instruct on the subject of presumption of innocence.” And quoting from the case of Coffin v. United States, 156 U. S. 432 , 15 S. Ct. 394 , 39 L.	2	1925–1934
Lashon Marcay Pritchett v. Commonwealth of Virginia green vactapp · 2013 1 sentence 2023The requirement that a defendant “sustain by proofs” each of the three factors guards against enabling defendants to withdraw pleas based on “gamesmanship or mere regret.” See Pritchett, 61 Va. App. at 788 .	1	2023–2023
Alfonso v. Robinson green va · 1999 2 sentences 2015Plaintiff asked that the Court reconsider its previous ruling in light of Alfonso v. Robinson, 257 Va. 540 , 514 S.E.2d 615 (1999), and these additional facts. 2015Plaintiff asked that the Court reconsider its previous ruling in light of Alfonso v. Robinson, 257 Va. 540 , 514 S.E.2d 615 (1999), and these additional facts.	1	2015–2015
Emler v. State green ind · 1972 2 sentences 1985See United States v. Contreras, 667 F.2d 976 (11th Cir. 1982); Wright v. State, 483 F.2d 405 (4th Cir. 1973), cert. denied, 415 U.S. 936 (1974); State v. Maluia, 56 Hawaii 428 , 539 P.2d 1200 (1975); Emler v. State, 259 Ind. 241 , 286 N.E.2d 408 (1972). 1985See United States v. Contreras, 667 F.2d 976 (11th Cir. 1982); Wright v. State, 483 F.2d 405 (4th Cir. 1973), cert. denied, 415 U.S. 936 (1974); State v. Maluia, 56 Hawaii 428 , 539 P.2d 1200 (1975); Emler v. State, 259 Ind. 241 , 286 N.E.2d 408 (1972).	1	1985–1985
Oregon v. Elstad green scotus · 1985 1 sentence 1985This is the lesson of Oregon v. Elstad, 105 S.Ct. 1285 (1985), where the Supreme Court considered the precise issue raised here by Poyner.	1	1985–1985
State v. Maluia green haw · 1975 2 sentences 1985See United States v. Contreras, 667 F.2d 976 (11th Cir. 1982); Wright v. State, 483 F.2d 405 (4th Cir. 1973), cert. denied, 415 U.S. 936 (1974); State v. Maluia, 56 Hawaii 428 , 539 P.2d 1200 (1975); Emler v. State, 259 Ind. 241 , 286 N.E.2d 408 (1972). 1985See United States v. Contreras, 667 F.2d 976 (11th Cir. 1982); Wright v. State, 483 F.2d 405 (4th Cir. 1973), cert. denied, 415 U.S. 936 (1974); State v. Maluia, 56 Hawaii 428 , 539 P.2d 1200 (1975); Emler v. State, 259 Ind. 241 , 286 N.E.2d 408 (1972).	1	1985–1985
Biggerstaff v. State green oklacrimapp · 1971 1 sentence 1985In support of his argument that the oral warning was defective, Poyner cites Biggerstaff v. State, 491 P.2d 345 (Okla.	1	1985–1985
Wright v. North Carolina Et Al. green scotus · 1974 1 sentence 1985See United States v. Contreras, 667 F.2d 976 (11th Cir. 1982); Wright v. State, 483 F.2d 405 (4th Cir. 1973), cert. denied, 415 U.S. 936 (1974); State v. Maluia, 56 Hawaii 428 , 539 P.2d 1200 (1975); Emler v. State, 259 Ind. 241 , 286 N.E.2d 408 (1972).	1	1985–1985
Nat Villiam Wright v. State of North Carolina and David Henry, Warden, State's Prison green ca4 · 1973 1 sentence 1985See United States v. Contreras, 667 F.2d 976 (11th Cir. 1982); Wright v. State, 483 F.2d 405 (4th Cir. 1973), cert. denied, 415 U.S. 936 (1974); State v. Maluia, 56 Hawaii 428 , 539 P.2d 1200 (1975); Emler v. State, 259 Ind. 241 , 286 N.E.2d 408 (1972).	1	1985–1985
Jones v. Commonwealth green va · 1952 2 sentences 1978The defendant contends that reversible error was committed relying on Wansley v. Commonwealth, 205 Va. 412 , 137 S.E.2d 865 (1964), cert. denied, 380 U.S. 922 (1965); Jones v. Commonwealth, 194 Va. 273 , 72 S.E.2d 693 (1952); and Coward v. Commonwealth, 164 Va. 639 , 178 S.E. 797 (1935). 1978The defendant contends that reversible error was committed relying on Wansley v. Commonwealth, 205 Va. 412 , 137 S.E.2d 865 (1964), cert. denied, 380 U.S. 922 (1965); Jones v. Commonwealth, 194 Va. 273 , 72 S.E.2d 693 (1952); and Coward v. Commonwealth, 164 Va. 639 , 178 S.E. 797 (1935).	1	1978–1978
Wansley v. Commonwealth green va · 1964 2 sentences 1978The defendant contends that reversible error was committed relying on Wansley v. Commonwealth, 205 Va. 412 , 137 S.E.2d 865 (1964), cert. denied, 380 U.S. 922 (1965); Jones v. Commonwealth, 194 Va. 273 , 72 S.E.2d 693 (1952); and Coward v. Commonwealth, 164 Va. 639 , 178 S.E. 797 (1935). 1978The defendant contends that reversible error was committed relying on Wansley v. Commonwealth, 205 Va. 412 , 137 S.E.2d 865 (1964), cert. denied, 380 U.S. 922 (1965); Jones v. Commonwealth, 194 Va. 273 , 72 S.E.2d 693 (1952); and Coward v. Commonwealth, 164 Va. 639 , 178 S.E. 797 (1935).	1	1978–1978
Wansley v. Virginia green scotus · 1965 1 sentence 1978The defendant contends that reversible error was committed relying on Wansley v. Commonwealth, 205 Va. 412 , 137 S.E.2d 865 (1964), cert. denied, 380 U.S. 922 (1965); Jones v. Commonwealth, 194 Va. 273 , 72 S.E.2d 693 (1952); and Coward v. Commonwealth, 164 Va. 639 , 178 S.E. 797 (1935).	1	1978–1978
Coward v. Commonwealth green va · 1935 2 sentences 1978The defendant contends that reversible error was committed relying on Wansley v. Commonwealth, 205 Va. 412 , 137 S.E.2d 865 (1964), cert. denied, 380 U.S. 922 (1965); Jones v. Commonwealth, 194 Va. 273 , 72 S.E.2d 693 (1952); and Coward v. Commonwealth, 164 Va. 639 , 178 S.E. 797 (1935). 1978The defendant contends that reversible error was committed relying on Wansley v. Commonwealth, 205 Va. 412 , 137 S.E.2d 865 (1964), cert. denied, 380 U.S. 922 (1965); Jones v. Commonwealth, 194 Va. 273 , 72 S.E.2d 693 (1952); and Coward v. Commonwealth, 164 Va. 639 , 178 S.E. 797 (1935).	1	1978–1978
Phillips v. Commonwealth neutral va · 1925 2 sentences 1934As recently as the year 1925 this court, through the eminent Judge Burks, in the case of Phillips v. Com., 143 Va. 504 , at page 508, 129 S. E. 259, 260 , said: “The defendant having asked an instruction on the presumption of innjocence, however, the oral instruction, given by the court as a substitute for the written instruction tendered, was fatally defective in failing to instruct on the subject of presumption of innocence.” And quoting from the case of Coffin v. United States, 156 U. S. 432 , 15 S. Ct. 394 , 39 L. 1934As recently as the year 1925 this court, through the eminent Judge Burks, in the case of Phillips v. Com., 143 Va. 504 , at page 508, 129 S. E. 259, 260 , said: “The defendant having asked an instruction on the presumption of innjocence, however, the oral instruction, given by the court as a substitute for the written instruction tendered, was fatally defective in failing to instruct on the subject of presumption of innocence.” And quoting from the case of Coffin v. United States, 156 U. S. 432 , 15 S. Ct. 394 , 39 L.	1	1934–1934
Thacker v. Commonwealth green va · 1922 2 sentences 1931The court further told the jury that there was no evidence in the case to sustain a verdict of maliciously wounding or killing said cow and therefore, the only crime of which the accused could be found guilty under any circumstances was that of -unlawfully wounding or killing said cow.” (Parenthesis supplied.) In the case of Thacker v. Commonwealth, 134 Va. 767 , 114 S. E. 504, 505 , it was said, “the law can presume the intention so far as realized in the act, but not an intention beyond what was so realized. 1931The court further told the jury that there was no evidence in the case to sustain a verdict of maliciously wounding or killing said cow and therefore, the only crime of which the accused could be found guilty under any circumstances was that of -unlawfully wounding or killing said cow.” (Parenthesis supplied.) In the case of Thacker v. Commonwealth, 134 Va. 767 , 114 S. E. 504, 505 , it was said, “the law can presume the intention so far as realized in the act, but not an intention beyond what was so realized.	1	1931–1931
Jenkins v. Commonwealth green va · 1922 1 sentence 1923The subject has been recently considered by this court in Jenkins v. Commonwealth, 132 Va. 692 , 111 S. E. 102 .	1	1923–1923
Collins v. Christian neutral va · 1896 1 sentence 1904Collins v. Christian, 92 Va. 731, 732 , 24 S. E. 472 .	1	1904–1904
Collins v. Christian neutral va · 1896 1 sentence 1904Collins v. Christian, 92 Va. 731, 732 , 24 S. E. 472 .	1	1904–1904

Where else courts name it

TX 308 (1939–2026) OH 217 (1966–2026) NY 105 (1906–2026) CA 91 (1864–2025) AL 57 (1915–2012) IL 55 (1898–2025) GA 48 (1959–2025) FL 34 (1883–2026) WA 32 (1917–2026) TN 21 (1941–2025) MD 17 (1908–2014) MI 16 (1967–2025) MO 16 (1933–2025) VA 14 (1846–2024) KS 14 (1875–2024) IN 13 (1881–2018) MS 12 (1956–2021) OK 12 (1901–1995) PA 11 (1954–2024) CT 11 (1954–2018) KY 10 (1920–2011) NE 10 (1930–2026) ID 10 (1894–1994) NM 10 (1990–2024) WI 10 (1992–2022) DC 10 (1978–2013) LA 9 (1929–2024) WV 9 (1908–2022) MA 9 (1926–2016) VT 8 (1981–2019) OR 8 (1992–2018) HI 8 (1980–2022) MN 7 (1923–2009) IA 7 (1897–2015) NC 6 (1972–2017) NJ 6 (1953–2017) NV 5 (1914–2015) MT 5 (1928–1994) AR 5 (1886–2016) AZ 4 (1949–2012) CO 4 (1974–2009) SD 3 (1990–2022) SC 3 (1993–2011) AK 3 (1986–2006) ND 3 (1917–2014) ME 2 (1967–2017) NH 2 (1974–2007) WY 2 (1987–1993) RI 2 (1991–1994) UT 2 (2011–2020)

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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