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9 Virginia opinions name it 2 courts 1989–2021 1 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 |
|---|---|---|
Keech v. Commonwealthgreen2 sentences2021That is, the Commonwealth had to prove that “the conduct of the [accused] constitutes a great departure from that of a reasonable person . . . which creates a great risk of [harm] to others and where by the application of an objective standard the accused should have realized the risk created by his conduct.” Keech v. Commonwealth, 9 Va. App. 272, 280 (1989). 2011It is well established that to prove criminal negligence, the Commonwealth must prove “the conduct of the [accused] constitutes a great departure from that of a reasonable person (gross, wanton or willful conduct) which creates a great risk of [harm] to others and where by the application of an objective standard the accused should have realized the risk created by his conduct.” Keech v. Commonwealth, 9 Va. App. 272, 280 , 386 S.E.2d 813, 817 (1989). | 7 | 8 |
Carosi v. Com.green2 sentences2021Such a determination of criminal negligence is “specific to the circumstances of each case” and therefore “a question for the trier of fact, unless reasonable minds could not differ.” Carosi v. Commonwealth, 280 Va. 545, 556 (2010). 2011“Such a determination necessarily will be specific to the circumstances of each case and, thus, whether a defendant’s conduct is criminally negligent is usually a question for the trier of fact, unless reasonable minds could not differ.” Carosi v. Commonwealth, 280 Va. 545, 556 , 701 S.E.2d 441, 447 (2010). | 2 | 2 |
West v. Commonwealthgreen2 sentences2006Criminal Negligence To establish criminal negligence in the context of involuntary manslaughter involving a motor vehicle, the Commonwealth must prove: that “the conduct of the driver constitutes a great departure from that of a reasonable person (gross, wanton or willful conduct) which creates a great risk of injury to others and where by the application of an objective standard the accused should have realized the risk created by his conduct.” West v. Commonwealth, 43 Va.App. 327, 343 , 597 S.E.2d 274, 281 (2004) (quoting Keech v. Commonwealth, 9 Va.App. 272, 280 , 386 S.E.2d 813, 817 (1989) 2006Criminal Negligence To establish criminal negligence in the context of involuntary manslaughter involving a motor vehicle, the Commonwealth must prove: that “the conduct of the driver constitutes a great departure from that of a reasonable person (gross, wanton or willful conduct) which creates a great risk of injury to others and where by the application of an objective standard the accused should have realized the risk created by his conduct.” West v. Commonwealth, 43 Va.App. 327, 343 , 597 S.E.2d 274, 281 (2004) (quoting Keech v. Commonwealth, 9 Va.App. 272, 280 , 386 S.E.2d 813, 817 (1989) | 1 | 1 |
Cottee v. Commonwealthgreen2 sentences2004See also Cottee v. Commonwealth, 31 Va.App. 398, 400 , 524 S.E.2d 132, 133 (2000). 2004See also Cottee v. Commonwealth, 31 Va.App. 398, 400 , 524 S.E.2d 132, 133 (2000). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Booth v. Robertson
green
2 sentences1989In support of his assertion that actual awareness of the risk is required for a finding of criminal negligence in the operation of a motor vehicle, Keech relies heavily on certain quotations in our decision in Tubman , and on the recent decision in Booth v. Robertson, 236 Va. 269 , 374 S.E.2d 1 (1988). 1989In support of his assertion that actual awareness of the risk is required for a finding of criminal negligence in the operation of a motor vehicle, Keech relies heavily on certain quotations in our decision in Tubman , and on the recent decision in Booth v. Robertson, 236 Va. 269 , 374 S.E.2d 1 (1988). | 1 | 1989–1989 |
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.