8 Virginia opinions name it 2 courts 1996–2010 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 |
|---|---|---|
Commonwealth v. Daltongreen2 sentences2010Unless such a charge is specifically made, neither the Commonwealth nor an accused is entitled to an accessory-after-the-fact instruction." 259 Va. at 255 , 524 S.E.2d at 863 . 2010Unless such a charge is specifically made, neither the Commonwealth nor an accused is entitled to an accessory-after-the-fact instruction." 259 Va. at 255 , 524 S.E.2d at 863 . | 1 | 5 |
Martin v. Commonwealthgreen2 sentences1999See also Martin v. Commonwealth, 13 Va.App. 524, 529-30 , 414 S.E.2d 401, 404-05 (1992) (en banc) (applying rationale of Jimenez and Bryant to hold that tendering of assault instruction in attempted capital murder case was sufficient under Rule 5A:18 to "alert the trial judge and the Commonwealth that simple assault is a lesser-included offense of attempted capital murder and [that] sufficient evidence supported granting the instruction"). 1999See also Martin v. Commonwealth, 13 Va.App. 524, 529-30 , 414 S.E.2d 401, 404-05 (1992) (en banc) (applying rationale of Jimenez and Bryant to hold that tendering of assault instruction in attempted capital murder case was sufficient under Rule 5A:18 to "alert the trial judge and the Commonwealth that simple assault is a lesser-included offense of attempted capital murder and [that] sufficient evidence supported granting the instruction"). | 1 | 1 |
Infants v. Virginia Housing Development Authoritygreen2 sentences1999Auth., 221 Va. 659 , 675 n. 8, 272 S.E.2d 649 , 659 n. 8 (1980) (under different statutory scheme, by majority vote, rejecting possible procedural bar raised sua sponte by Supreme Court based on equal division among Court's members); see id. at 680 , 272 S.E.2d at 662 (Thompson, J., concurring in part and dissenting in part); id. at 676-78 , 272 S.E.2d at 659-60 (Carrico, J., dissenting). [2] Chief Judge Fitzpatrick and Judges Benton, Coleman, Elder and Annunziata hold that appellant properly preserved for appeal the issue of the trial court's denial of the accessory-after-the-fact instruction 1999Auth., 221 Va. 659 , 675 n. 8, 272 S.E.2d 649 , 659 n. 8 (1980) (under different statutory scheme, by majority vote, rejecting possible procedural bar raised sua sponte by Supreme Court based on equal division among Court's members); see id. at 680 , 272 S.E.2d at 662 (Thompson, J., concurring in part and dissenting in part); id. at 676-78 , 272 S.E.2d at 659-60 (Carrico, J., dissenting). [2] Chief Judge Fitzpatrick and Judges Benton, Coleman, Elder and Annunziata hold that appellant properly preserved for appeal the issue of the trial court's denial of the accessory-after-the-fact instruction | 1 | 1 |
Brandau v. Commonwealthgreen2 sentences1996JURY INSTRUCTIONS—LESSER INCLUDED OFFENSE Appellant next argues that the trial judge erred in refusing an accessory after the fact instruction regarding the second robbery and attempted murder of Condrey. “[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). “ ‘If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be suppo 1996JURY INSTRUCTIONS—LESSER INCLUDED OFFENSE Appellant next argues that the trial judge erred in refusing an accessory after the fact instruction regarding the second robbery and attempted murder of Condrey. “[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). “ ‘If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be suppo | 1 | 1 |
Morse v. Commonwealthgreen2 sentences1996JURY INSTRUCTIONS—LESSER INCLUDED OFFENSE Appellant next argues that the trial judge erred in refusing an accessory after the fact instruction regarding the second robbery and attempted murder of Condrey. “[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). “ ‘If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be suppo 1996JURY INSTRUCTIONS—LESSER INCLUDED OFFENSE Appellant next argues that the trial judge erred in refusing an accessory after the fact instruction regarding the second robbery and attempted murder of Condrey. “[T]he trial court should instruct the jury only on those theories of the case which find support in the evidence.” Morse v. Commonwealth, 17 Va.App. 627, 632-33 , 440 S.E.2d 145, 149 (1994). “ ‘If any credible evidence in the record supports a proffered instruction on a lesser included offense, failure to give the instruction is reversible error.’ ‘Such an instruction, however, must be suppo | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McClung v. Commonwealth
green
1 sentence1999In proffering instructions 18A and 18B, appellant's counsel made the following argument: [T]he cases that I am submitting are Manley v. Commonwealth, 222 Va. 642 , a 1981 case, - 3 - and McClung v. Commonwealth, 215 Va. 654 , a 1975 case; and the reason I would ask for an accessory after the fact instruction for Mr. Fennell's case is I think there's sufficient evidence to support that instruction. | 1 | 1999–1999 |
Manley v. Commonwealth
green
2 sentences1999In proffering instructions 18A and 18B, appellant's counsel made the following argument: [T]he cases that I am submitting are Manley v. Commonwealth, 222 Va. 642 , a 1981 case, - 3 - and McClung v. Commonwealth, 215 Va. 654 , a 1975 case; and the reason I would ask for an accessory after the fact instruction for Mr. Fennell's case is I think there's sufficient evidence to support that instruction. 1999Here, appellant proffered an accessory-after-the-fact instruction and stated he thought the trial court should give the instruction because "there's sufficient evidence to support that instruction." Appellant went further by citing Manley v. Commonwealth, 222 Va. 642 , 283 S.E.2d 207 (1981), in which the trial court gave an accessory-after-the-fact instruction even though the defendant had been indicted for robbery as a principal. | 1 | 1999–1999 |
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.