inappropriate standard (Virginia) · Go Syfert
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inappropriate standard in Virginia

10 Virginia opinions name it 2 courts 1994–2026 5 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 (5)

CaseFollowedCited
Owens-Corning Fiberglas Corp. v. Watsongreen
va · 1992 · cited in 9 Virginia opinions naming this issue, 1994–2026
2 sentences

2026That is true even if the instruction 8 In Counterman, the Supreme Court of the United States held that, under the First and Fourteenth Amendments to the United States Constitution, a statement can be punished as a “true threat” only where the speaker “consciously disregarded a substantial risk that his communications would be viewed as threatening violence.” See Counterman, 600 U.S. at 69 . -7- “imposes ‘an inappropriate standard.’” Smith v. Commonwealth, 296 Va. 450 , 462 (2018) (quoting Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 (1992)).

2025“We have clearly stated that an agreed jury instruction becomes the law of the case, even if it imposes ‘an inappropriate standard.’” Id. at 462 (quoting Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 (1992)).

89
Jimenez v. Commonwealthgreen
va · 1991 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025“The law of the case doctrine applies in criminal cases.” Id. at 461 (citing Jimenez v. Commonwealth, 241 Va. 244, 249-50 (1991)).

11
Smith v. Combined Insurance Co. of Americagreen
va · 1961 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022Boyd relies on Smith v. Combined Insurance Company of America, 202 Va. 758, 762 (1961), to support his contention that we must set aside the jury’s verdict.

11
Miles v. Commonwealthgreen
va · 1964 · cited in 1 Virginia opinions naming this issue, 2004–2004
2 sentences

2004An agreed jury instruction  even if it imposes “an inappropriate standard”  becomes the law of the case, Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 , 413 S.E.2d 630, 635 (1992), and “is binding on the parties and this court,” Miles v. Commonwealth, 205 Va. 462, 468 , 138 S.E.2d 22, 27 (1964); see also Owens-Illinois, Inc. v. Thomas Baker Real Estate, 237 Va. 649, 652 , 379 S.E.2d 344, 346 (1989); Med.

2004An agreed jury instruction  even if it imposes “an inappropriate standard”  becomes the law of the case, Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 , 413 S.E.2d 630, 635 (1992), and “is binding on the parties and this court,” Miles v. Commonwealth, 205 Va. 462, 468 , 138 S.E.2d 22, 27 (1964); see also Owens-Illinois, Inc. v. Thomas Baker Real Estate, 237 Va. 649, 652 , 379 S.E.2d 344, 346 (1989); Med.

11
Owens-Illinois, Inc. v. Thomas Baker Real Estate, Ltd.green
va · 1989 · cited in 1 Virginia opinions naming this issue, 2004–2004
2 sentences

2004An agreed jury instruction  even if it imposes “an inappropriate standard”  becomes the law of the case, Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 , 413 S.E.2d 630, 635 (1992), and “is binding on the parties and this court,” Miles v. Commonwealth, 205 Va. 462, 468 , 138 S.E.2d 22, 27 (1964); see also Owens-Illinois, Inc. v. Thomas Baker Real Estate, 237 Va. 649, 652 , 379 S.E.2d 344, 346 (1989); Med.

2004An agreed jury instruction  even if it imposes “an inappropriate standard”  becomes the law of the case, Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 , 413 S.E.2d 630, 635 (1992), and “is binding on the parties and this court,” Miles v. Commonwealth, 205 Va. 462, 468 , 138 S.E.2d 22, 27 (1964); see also Owens-Illinois, Inc. v. Thomas Baker Real Estate, 237 Va. 649, 652 , 379 S.E.2d 344, 346 (1989); Med.

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 (4)

CaseCitedYears
Counterman v. Colorado green
scotus · 2023
1 sentence

2026That is true even if the instruction 8 In Counterman, the Supreme Court of the United States held that, under the First and Fourteenth Amendments to the United States Constitution, a statement can be punished as a “true threat” only where the speaker “consciously disregarded a substantial risk that his communications would be viewed as threatening violence.” See Counterman, 600 U.S. at 69 . -7- “imposes ‘an inappropriate standard.’” Smith v. Commonwealth, 296 Va. 450 , 462 (2018) (quoting Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 (1992)).

12026–2026
Wintergreen Partners, Inc. v. McGUIREWOODS green
va · 2010
1 sentence

2025“We have clearly stated that an agreed jury instruction becomes the law of the case, even if it imposes ‘an inappropriate standard.’” Id. at 462 (quoting Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 (1992)).

12025–2025
Spitzli v. Minson green
va · 1986
1 sentence

2022“We have clearly stated that an agreed jury instruction becomes the law of the case, even if it imposes ‘an inappropriate standard.’” Id. (quoting Owens-Corning Fiberglas Corp. v. Watson, 243 Va. 128, 136 (1992)).

12022–2022
Strickland v. Washington green
scotus · 1984
1 sentence

2015DISCUSSION We awarded Zemene an appeal from the judgment of the circuit court on the following assignment of error: 11 The circuit court erred by utilizing an inappropriate standard to determine whether or not the prejudice prong under Strickland v. Washington, 466 U.S. 668 (1984) was met in the context of a plea agreement.

12015–2015

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (5)

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.

Where else courts name it

TN 150 (1992–2010) CA 18 (1967–2025) VA 10 (1994–2026) IN 10 (2005–2019) MI 8 (1996–2021) PA 7 (1998–2024) OH 7 (1996–2021) KY 7 (2016–2025) NY 7 (1983–2025) IL 6 (1973–2026) TX 6 (1986–2025) CO 6 (1994–2025) MT 5 (1992–2013) AZ 5 (1989–2022) MS 5 (1995–2008) FL 5 (1992–2001) CT 4 (1976–1994) MD 3 (2008–2013) LA 3 (1985–2012) GA 3 (1983–2023) NE 3 (1992–2026) NM 3 (1985–1995) WI 3 (1994–2008) WA 3 (1993–2020) IA 2 (1998–2022) WY 2 (1985–1992) UT 2 (1994–2001) MO 2 (1984–1995) NJ 2 (1998–2017) NC 2 (1993–2001) NV 2 (1979–1992) AK 2 (1970–1981)

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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