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9 Virginia opinions name it 2 courts 1989–2011 0 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 |
|---|---|---|
Diffendal v. Commonwealthgreen2 sentences2011However, this privilege is “limited by the equally well recognized rule that a person ‘shall not, except in extreme cases, endanger human life or do great -6- bodily harm.’” Id. at 421, 382 S.E.2d at 26 (quoting Montgomery v. Commonwealth, 98 Va. 840, 843 , 36 S.E. 371, 372 (1900)). [A] defendant must reasonably fear death or serious bodily harm to himself at the hands of his victim. 2010“The privilege to use such force is limited by the equally well recognized rule that a person shall not, except in extreme cases, endanger human life or do great bodily harm. . . . [T]he amount of force used must be reasonable in relation to the harm threatened.” Foote, 11 Va. App. at 69 , 396 S.E.2d at 856 (quoting Diffendal, 8 Va. App. at 421 , 382 S.E.2d at 26 ) (internal quotations omitted). | 4 | 6 |
Montgomery v. Commonwealthgreen2 sentences2011However, this privilege is “limited by the equally well recognized rule that a person ‘shall not, except in extreme cases, endanger human life or do great -6- bodily harm.’” Id. at 421, 382 S.E.2d at 26 (quoting Montgomery v. Commonwealth, 98 Va. 840, 843 , 36 S.E. 371, 372 (1900)). [A] defendant must reasonably fear death or serious bodily harm to himself at the hands of his victim. 2011However, this privilege is “limited by the equally well recognized rule that a person ‘shall not, except in extreme cases, endanger human life or do great -6- bodily harm.’” Id. at 421, 382 S.E.2d at 26 (quoting Montgomery v. Commonwealth, 98 Va. 840, 843 , 36 S.E. 371, 372 (1900)). [A] defendant must reasonably fear death or serious bodily harm to himself at the hands of his victim. | 4 | 5 |
Foote v. Commonwealthgreen2 sentences2010“The privilege to use such force is limited by the equally well recognized rule that a person shall not, except in extreme cases, endanger human life or do great bodily harm. . . . [T]he amount of force used must be reasonable in relation to the harm threatened.” Foote, 11 Va. App. at 69 , 396 S.E.2d at 856 (quoting Diffendal, 8 Va. App. at 421 , 382 S.E.2d at 26 ) (internal quotations omitted). 2010“The privilege to use such force is limited by the equally well recognized rule that a person shall not, except in extreme cases, endanger human life or do great bodily harm. . . . [T]he amount of force used must be reasonable in relation to the harm threatened.” Foote, 11 Va. App. at 69 , 396 S.E.2d at 856 (quoting Diffendal, 8 Va. App. at 421 , 382 S.E.2d at 26 ) (internal quotations omitted). | 1 | 2 |
Smith v. Commonwealthgreen2 sentences1996"Whether an accused proves circumstances sufficient to create a reasonable doubt that he acted in self-defense is a question of fact." Smith v. Commonwealth, 17 Va. App. 68, 71 , 435 S.E.2d 414, 416 (1993). 1996"Whether an accused proves circumstances sufficient to create a reasonable doubt that he acted in self-defense is a question of fact." Smith v. Commonwealth, 17 Va. App. 68, 71 , 435 S.E.2d 414, 416 (1993). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McCullough v. McCullough
green
1 sentence2010“The law of self-defense is the law of necessity . . . . -6- Accordingly, a defendant must reasonably fear death or serious bodily harm to himself at the hands of his victim.” McGhee, 219 Va. at 562 , 248 S.E.2d at 810 . | 1 | 2010–2010 |
McGhee v. Commonwealth
green
1 sentence2010“The law of self-defense is the law of necessity . . . . -6- Accordingly, a defendant must reasonably fear death or serious bodily harm to himself at the hands of his victim.” McGhee, 219 Va. at 562 , 248 S.E.2d at 810 . | 1 | 2010–2010 |
Pike v. Commonwealth
green
1 sentence2003The privilege to use such force is limited by the equally well recognized rule that a person shall not, except in extreme cases, endanger human life or do great bodily harm.” See also Pike v. Commonwealth, 24 Va. App. 373 (1997), and Montgomery v. Commonwealth, 98 Va. 840 (1900). | 1 | 2003–2003 |
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.