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9 Virginia opinions name it 2 courts 1876–1997 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 |
|---|---|---|
Clanton v. Commonwealthgreen2 sentences1997Turning aside the failure of Peterson to object when the trial court declined to instruct the jury about his parole ineligibility and gave instead the instruction approved in Clanton v. Commonwealth, 223 Va. 41, 54-55 , 286 S.E.2d 172, 179-80 (1980), and Hinton v. Commonwealth, 219 Va. 492 , 247 S.E.2d 704 (1978), that the jury "should not concern [itself] with what may thereafter happen,” the Supreme Court addressed the second question regarding the effect of the legislative amendment on the Court’s prior holding. 1997Turning aside the failure of Peterson to object when the trial court declined to instruct the jury about his parole ineligibility and gave instead the instruction approved in Clanton v. Commonwealth, 223 Va. 41, 54-55 , 286 S.E.2d 172, 179-80 (1980), and Hinton v. Commonwealth, 219 Va. 492 , 247 S.E.2d 704 (1978), that the jury "should not concern [itself] with what may thereafter happen,” the Supreme Court addressed the second question regarding the effect of the legislative amendment on the Court’s prior holding. | 1 | 1 |
McClung v. Commonwealthgreen2 sentences1993Our review of this issue is governed by the principle that a proffered instruction should be given “[i]f [it] finds any support in credible evidence.” McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975). 1993Our review of this issue is governed by the principle that a proffered instruction should be given “[i]f [it] finds any support in credible evidence.” McClung v. Commonwealth, 215 Va. 654, 657 , 212 S.E.2d 290, 293 (1975). | 1 | 1 |
Hebner v. Sullivangreen2 sentences1969In Hebner v. Sullivan, 194 Va. 259, 265 , 72 S. E. 2d 689, 692 (1952), we had the occasion to review a discussion between a trial court and a jury resulting from a question by a juror to the trial court after the jury had retired to deliberate. 1969In Hebner v. Sullivan, 194 Va. 259, 265 , 72 S. E. 2d 689, 692 (1952), we had the occasion to review a discussion between a trial court and a jury resulting from a question by a juror to the trial court after the jury had retired to deliberate. | 1 | 1 |
Vaiden v. Commonwealthgreen1 sentence1886See Vaiden’s Case, 12 Gratt. 717 ; Howell’s Case, 26 Gratt. 995 ; Wright’s Case, 75 Va. 914 ; Lewis’ Case, 78 Va. 732. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hinton v. Commonwealth
green
2 sentences1997Turning aside the failure of Peterson to object when the trial court declined to instruct the jury about his parole ineligibility and gave instead the instruction approved in Clanton v. Commonwealth, 223 Va. 41, 54-55 , 286 S.E.2d 172, 179-80 (1980), and Hinton v. Commonwealth, 219 Va. 492 , 247 S.E.2d 704 (1978), that the jury "should not concern [itself] with what may thereafter happen,” the Supreme Court addressed the second question regarding the effect of the legislative amendment on the Court’s prior holding. 1997Turning aside the failure of Peterson to object when the trial court declined to instruct the jury about his parole ineligibility and gave instead the instruction approved in Clanton v. Commonwealth, 223 Va. 41, 54-55 , 286 S.E.2d 172, 179-80 (1980), and Hinton v. Commonwealth, 219 Va. 492 , 247 S.E.2d 704 (1978), that the jury "should not concern [itself] with what may thereafter happen,” the Supreme Court addressed the second question regarding the effect of the legislative amendment on the Court’s prior holding. | 1 | 1997–1997 |
Burgess v. Commonwealth
green
2 sentences1993Id. at 559 n. 2, 403 S.E.2d at 359 n. 2. [10] The assignment reads as follows: The Court of Appeals erred in invoking the `ends of justice' exception to Rule 5A:18 to review the propriety of an instruction on grounds never raised in the trial court, and to reverse Campbell's conviction in the absence of any possibility that the jury was misled by the instruction at issue. [11] The Attorney General suggests that our decision in Burgess v. Commonwealth, 136 Va. 697 , 118 S.E. 273 (1923), "rejected the argument that the Commonwealth is prevented by the Constitution from bringing errors to the Cou 1993Id. at 559 n. 2, 403 S.E.2d at 359 n. 2. [10] The assignment reads as follows: The Court of Appeals erred in invoking the `ends of justice' exception to Rule 5A:18 to review the propriety of an instruction on grounds never raised in the trial court, and to reverse Campbell's conviction in the absence of any possibility that the jury was misled by the instruction at issue. [11] The Attorney General suggests that our decision in Burgess v. Commonwealth, 136 Va. 697 , 118 S.E. 273 (1923), "rejected the argument that the Commonwealth is prevented by the Constitution from bringing errors to the Cou | 1 | 1993–1993 |
Martinez v. Commonwealth
green
2 sentences1993Id. at 559 n. 2, 403 S.E.2d at 359 n. 2. [10] The assignment reads as follows: The Court of Appeals erred in invoking the `ends of justice' exception to Rule 5A:18 to review the propriety of an instruction on grounds never raised in the trial court, and to reverse Campbell's conviction in the absence of any possibility that the jury was misled by the instruction at issue. [11] The Attorney General suggests that our decision in Burgess v. Commonwealth, 136 Va. 697 , 118 S.E. 273 (1923), "rejected the argument that the Commonwealth is prevented by the Constitution from bringing errors to the Cou 1993Id. at 559 n. 2, 403 S.E.2d at 359 n. 2. [10] The assignment reads as follows: The Court of Appeals erred in invoking the `ends of justice' exception to Rule 5A:18 to review the propriety of an instruction on grounds never raised in the trial court, and to reverse Campbell's conviction in the absence of any possibility that the jury was misled by the instruction at issue. [11] The Attorney General suggests that our decision in Burgess v. Commonwealth, 136 Va. 697 , 118 S.E. 273 (1923), "rejected the argument that the Commonwealth is prevented by the Constitution from bringing errors to the Cou | 1 | 1993–1993 |
Johnson v. Commonwealth
green
2 sentences1985Johnson v. Commonwealth, 220 Va. 146 , 255 S.E.2d 525 (1979). 1985Johnson v. Commonwealth, 220 Va. 146 , 255 S.E.2d 525 (1979). | 1 | 1985–1985 |
Bertha Zinc Co. v. Martin's Adm'r
green
2 sentences1912It was not, therefore, liable to the objection that it announced merely an abstract principle of law.” So it plainly appears that the question which we are now to consider, as to the propriety of the instruction, was not brought to the attention of the court nor passed upon by it in the Ampey case, which was decided April 23, 1896, and makes no reference to the case of Bertha Zinc Co. v. Martin’s Adm’r, reported in the same volume, 93 Va. 791 , 22 S. E. 869 , 70 L. 1912It was not, therefore, liable to the objection that it announced merely an abstract principle of law.” So it plainly appears that the question which we are now to consider, as to the propriety of the instruction, was not brought to the attention of the court nor passed upon by it in the Ampey case, which was decided April 23, 1896, and makes no reference to the case of Bertha Zinc Co. v. Martin’s Adm’r, reported in the same volume, 93 Va. 791 , 22 S. E. 869 , 70 L. | 1 | 1912–1912 |
Ferguson & Fries v. Gooch
green
2 sentences1903It is sought, however, to differentiate the case in judgment from others, on the ground that Angle oeenpied the inconsistent position of agent for both plaintiff and defendant. • Recognizing the propriety of that doctrine as laid down by this court in Ferguson v. Gooch, 94 Va. 1 , 26 S. E. 397 , 40 L. 1903It is sought, however, to differentiate the case in judgment from others, on the ground that Angle oeenpied the inconsistent position of agent for both plaintiff and defendant. • Recognizing the propriety of that doctrine as laid down by this court in Ferguson v. Gooch, 94 Va. 1 , 26 S. E. 397 , 40 L. | 1 | 1903–1903 |
Howell v. Commonwealth
neutral
1 sentence1886See Vaiden’s Case, 12 Gratt. 717 ; Howell’s Case, 26 Gratt. 995 ; Wright’s Case, 75 Va. 914 ; Lewis’ Case, 78 Va. 732. | 1 | 1886–1886 |
Wright v. Commonwealth
green
1 sentence1886See Vaiden’s Case, 12 Gratt. 717 ; Howell’s Case, 26 Gratt. 995 ; Wright’s Case, 75 Va. 914 ; Lewis’ Case, 78 Va. 732. | 1 | 1886–1886 |
Lewis v. Commonwealth
green
1 sentence1886See Vaiden’s Case, 12 Gratt. 717 ; Howell’s Case, 26 Gratt. 995 ; Wright’s Case, 75 Va. 914 ; Lewis’ Case, 78 Va. 732. | 1 | 1886–1886 |
Rea's adm'x v. Trotter & Bro.
neutral
1 sentence1876That decision was followed by this court in Rea’s adm’x v. Trotter, 26 Gratt. 585 . | 1 | 1876–1876 |
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.