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7 Virginia opinions name it 2 courts 1981–2025 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 |
|---|---|---|
Poindexter v. Commonwealthgreen2 sentences2004The Virginia Supreme Court has approved use of the ‘Allen instruction.” Gardner v. Commonwealth, 3 Va.App. 418 , 419 n. 1, 350 S.E.2d 229 , 229 n. 1 (1986) (citing Poindexter v. Commonwealth, 213 Va. 212, 215 , 191 S.E.2d 200, 203 (1972)). 2004The Virginia Supreme Court has approved use of the ‘Allen instruction.” Gardner v. Commonwealth, 3 Va.App. 418 , 419 n. 1, 350 S.E.2d 229 , 229 n. 1 (1986) (citing Poindexter v. Commonwealth, 213 Va. 212, 215 , 191 S.E.2d 200, 203 (1972)). | 2 | 2 |
James Bethea, s/k/a James Willie Bethea v. Commonwealth of Virginiagreen2 sentences2025On these facts, he suggests that the Allen charge inappropriately “subject[ed Juror 25] to pressure” and “singled [her] out to conform.”11 10 No right exists under such circumstances “to a special poll to inquire how or why each juror arrived at the verdict.” Bethea, 68 Va. App. at 506 (quoting Humbert, 29 Va. App. at 792). 2025On these facts, he suggests that the Allen charge inappropriately “subject[ed Juror 25] to pressure” and “singled [her] out to conform.”11 10 No right exists under such circumstances “to a special poll to inquire how or why each juror arrived at the verdict.” Bethea, 68 Va. App. at 506 (quoting Humbert, 29 Va. App. at 792). | 1 | 1 |
United States v. Anthony Burfootgreen2 sentences2025United States v. Cornell, 780 F.3d 616, 626 (4th Cir. 2015).14 Beyond the short period of additional deliberations and knowledge of the 14 A jury generally “is not required to deliberate for any set length of time.” United States v. Burfoot, 899 F.3d 326, 342 (4th Cir. 2018) (quoting Wilburn v. Eastman Kodak Co., 180 F.3d 475, 476 (2d Cir. 1999)); see also Rees v. Commonwealth, 203 Va. 850, 861-62 (1962) - 16 - dissenting juror’s identity, Bennett does not point to any other factors reflecting possible coercion. 2025United States v. Cornell, 780 F.3d 616, 626 (4th Cir. 2015).14 Beyond the short period of additional deliberations and knowledge of the 14 A jury generally “is not required to deliberate for any set length of time.” United States v. Burfoot, 899 F.3d 326, 342 (4th Cir. 2018) (quoting Wilburn v. Eastman Kodak Co., 180 F.3d 475, 476 (2d Cir. 1999)); see also Rees v. Commonwealth, 203 Va. 850, 861-62 (1962) - 16 - dissenting juror’s identity, Bennett does not point to any other factors reflecting possible coercion. | 1 | 1 |
Jenkins v. Commonwealthgreen2 sentences2025See Bethea, 68 Va. App. at 505-06 , 505 n.10, 508 (noting that with very limited exceptions, “Virginia diligently protects ‘the inviolability and secrecy of jurors’ deliberations’” (rejecting a defendant’s request for a new trial to permit a change of venue where the jury deliberated for about fifty-six minutes following a nine-day trial because “[n]o case ha[d] been cited holding that deliberation” of that length showed error “as a matter of law”); cf. also Simmons v. Boyd, 199 Va. 806, 814 (1958) (holding in a civil case that jury trials “frequently” result in “short deliberations” and brevi 2025See Bethea, 68 Va. App. at 505-06 , 505 n.10, 508 (noting that with very limited exceptions, “Virginia diligently protects ‘the inviolability and secrecy of jurors’ deliberations’” (rejecting a defendant’s request for a new trial to permit a change of venue where the jury deliberated for about fifty-six minutes following a nine-day trial because “[n]o case ha[d] been cited holding that deliberation” of that length showed error “as a matter of law”); cf. also Simmons v. Boyd, 199 Va. 806, 814 (1958) (holding in a civil case that jury trials “frequently” result in “short deliberations” and brevi | 1 | 1 |
Benjamin Wilburn v. Eastman Kodak Companygreen2 sentences2025United States v. Cornell, 780 F.3d 616, 626 (4th Cir. 2015).14 Beyond the short period of additional deliberations and knowledge of the 14 A jury generally “is not required to deliberate for any set length of time.” United States v. Burfoot, 899 F.3d 326, 342 (4th Cir. 2018) (quoting Wilburn v. Eastman Kodak Co., 180 F.3d 475, 476 (2d Cir. 1999)); see also Rees v. Commonwealth, 203 Va. 850, 861-62 (1962) - 16 - dissenting juror’s identity, Bennett does not point to any other factors reflecting possible coercion. 2025United States v. Cornell, 780 F.3d 616, 626 (4th Cir. 2015).14 Beyond the short period of additional deliberations and knowledge of the 14 A jury generally “is not required to deliberate for any set length of time.” United States v. Burfoot, 899 F.3d 326, 342 (4th Cir. 2018) (quoting Wilburn v. Eastman Kodak Co., 180 F.3d 475, 476 (2d Cir. 1999)); see also Rees v. Commonwealth, 203 Va. 850, 861-62 (1962) - 16 - dissenting juror’s identity, Bennett does not point to any other factors reflecting possible coercion. | 1 | 1 |
Simmons v. Boydgreen2 sentences2025See Bethea, 68 Va. App. at 505-06 , 505 n.10, 508 (noting that with very limited exceptions, “Virginia diligently protects ‘the inviolability and secrecy of jurors’ deliberations’” (rejecting a defendant’s request for a new trial to permit a change of venue where the jury deliberated for about fifty-six minutes following a nine-day trial because “[n]o case ha[d] been cited holding that deliberation” of that length showed error “as a matter of law”); cf. also Simmons v. Boyd, 199 Va. 806, 814 (1958) (holding in a civil case that jury trials “frequently” result in “short deliberations” and brevi 2025See Bethea, 68 Va. App. at 505-06 , 505 n.10, 508 (noting that with very limited exceptions, “Virginia diligently protects ‘the inviolability and secrecy of jurors’ deliberations’” (rejecting a defendant’s request for a new trial to permit a change of venue where the jury deliberated for about fifty-six minutes following a nine-day trial because “[n]o case ha[d] been cited holding that deliberation” of that length showed error “as a matter of law”); cf. also Simmons v. Boyd, 199 Va. 806, 814 (1958) (holding in a civil case that jury trials “frequently” result in “short deliberations” and brevi | 1 | 1 |
Prieto v. Com.green2 sentences2025Cf. Prieto, 278 Va. at 385, 388 (approving a verdict delivered following an Allen instruction given when a juror sent a note to the court “indicat[ing] that . . . his decision [on a key sentencing issue] was ‘firm and final[]’ and deliberations had crossed into peer pressure”). 2025Cf. Prieto, 278 Va. at 385, 388 (approving a verdict delivered following an Allen instruction given when a juror sent a note to the court “indicat[ing] that . . . his decision [on a key sentencing issue] was ‘firm and final[]’ and deliberations had crossed into peer pressure”). | 1 | 1 |
Rees v. Commonwealthgreen2 sentences2025United States v. Cornell, 780 F.3d 616, 626 (4th Cir. 2015).14 Beyond the short period of additional deliberations and knowledge of the 14 A jury generally “is not required to deliberate for any set length of time.” United States v. Burfoot, 899 F.3d 326, 342 (4th Cir. 2018) (quoting Wilburn v. Eastman Kodak Co., 180 F.3d 475, 476 (2d Cir. 1999)); see also Rees v. Commonwealth, 203 Va. 850, 861-62 (1962) - 16 - dissenting juror’s identity, Bennett does not point to any other factors reflecting possible coercion. 2025United States v. Cornell, 780 F.3d 616, 626 (4th Cir. 2015).14 Beyond the short period of additional deliberations and knowledge of the 14 A jury generally “is not required to deliberate for any set length of time.” United States v. Burfoot, 899 F.3d 326, 342 (4th Cir. 2018) (quoting Wilburn v. Eastman Kodak Co., 180 F.3d 475, 476 (2d Cir. 1999)); see also Rees v. Commonwealth, 203 Va. 850, 861-62 (1962) - 16 - dissenting juror’s identity, Bennett does not point to any other factors reflecting possible coercion. | 1 | 1 |
United States v. Jorge Cornellgreen2 sentences2025United States v. Cornell, 780 F.3d 616, 626 (4th Cir. 2015).14 Beyond the short period of additional deliberations and knowledge of the 14 A jury generally “is not required to deliberate for any set length of time.” United States v. Burfoot, 899 F.3d 326, 342 (4th Cir. 2018) (quoting Wilburn v. Eastman Kodak Co., 180 F.3d 475, 476 (2d Cir. 1999)); see also Rees v. Commonwealth, 203 Va. 850, 861-62 (1962) - 16 - dissenting juror’s identity, Bennett does not point to any other factors reflecting possible coercion. 2025United States v. Cornell, 780 F.3d 616, 626 (4th Cir. 2015).14 Beyond the short period of additional deliberations and knowledge of the 14 A jury generally “is not required to deliberate for any set length of time.” United States v. Burfoot, 899 F.3d 326, 342 (4th Cir. 2018) (quoting Wilburn v. Eastman Kodak Co., 180 F.3d 475, 476 (2d Cir. 1999)); see also Rees v. Commonwealth, 203 Va. 850, 861-62 (1962) - 16 - dissenting juror’s identity, Bennett does not point to any other factors reflecting possible coercion. | 1 | 1 |
Sussex Community Services Ass'n v. Virginia Society for Mentally Retarded Children, Inc.green2 sentences2020Ass’n v. Va. Soc’y for Mentally Retarded Children, 251 Va. 240, 243-44 (1996) (quoting Buenson, 221 Va. at 435 ). 2020Ass’n v. Va. Soc’y for Mentally Retarded Children, 251 Va. 240, 243-44 (1996) (quoting Buenson, 221 Va. at 435 ). | 1 | 1 |
Ohree v. Commonwealthgreen2 sentences2003His only objection was to the denial of his motion for a mistrial and the giving of an "Allen instruction." "The Court of Appeals will not consider an argument on appeal which was not presented to the trial court." Ohree v. Commonwealth, 26 Va. App. 299, 308 , 494 S.E.2d 484, 488 (1998); see also Rule 5A:18. 2003His only objection was to the denial of his motion for a mistrial and the giving of an "Allen instruction." "The Court of Appeals will not consider an argument on appeal which was not presented to the trial court." Ohree v. Commonwealth, 26 Va. App. 299, 308 , 494 S.E.2d 484, 488 (1998); see also Rule 5A:18. | 1 | 1 |
Burns v. Board of Sup'rs of Fairfax Cty.green2 sentences1981Burns v. Board of Supervisors, 218 Va. 625, 627 , 238 S.E.2d 823, 824-25 (1977). 1981Burns v. Board of Supervisors, 218 Va. 625, 627 , 238 S.E.2d 823, 824-25 (1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gardner v. Commonwealth
green
2 sentences2005Gardner, 3 Va. App. at 423 , 350 S.E.2d at 231-32 . 2004The Virginia Supreme Court has approved use of the ‘Allen instruction.” Gardner v. Commonwealth, 3 Va.App. 418 , 419 n. 1, 350 S.E.2d 229 , 229 n. 1 (1986) (citing Poindexter v. Commonwealth, 213 Va. 212, 215 , 191 S.E.2d 200, 203 (1972)). | 2 | 2004–2005 |
Gardner v. Commonwealth
green
2 sentences2005Gardner, 3 Va. App. at 423 , 350 S.E.2d at 231-32 . 2004The Virginia Supreme Court has approved use of the ‘Allen instruction.” Gardner v. Commonwealth, 3 Va.App. 418 , 419 n. 1, 350 S.E.2d 229 , 229 n. 1 (1986) (citing Poindexter v. Commonwealth, 213 Va. 212, 215 , 191 S.E.2d 200, 203 (1972)). | 2 | 2004–2005 |
Buenson Division, Aeronca, Inc. v. McCauley
green
2 sentences2020Ass’n v. Va. Soc’y for Mentally Retarded Children, 251 Va. 240, 243-44 (1996) (quoting Buenson, 221 Va. at 435 ). 2020Ass’n v. Va. Soc’y for Mentally Retarded Children, 251 Va. 240, 243-44 (1996) (quoting Buenson, 221 Va. at 435 ). | 1 | 2020–2020 |
Allen v. United States
green
1 sentence2005However, before the jury -7- left the courtroom, the trial judge ordered the jurors to reassemble, gave the jury an Allen instruction (Allen v. United States, 164 U.S. 492 (1896)), and directed them to resume deliberations. | 1 | 2005–2005 |
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.