tendered instruction (Virginia) · Go Syfert
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tendered instruction in Virginia

6 Virginia opinions name it 3 courts 1973–2025 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.

Followed or applied (5)

CaseFollowedCited
Wilson v. Browngreen
va · 1923 · cited in 3 Virginia opinions naming this issue, 1995–2025
2 sentences

2025Likewise, “[w]here the jury has been sufficiently and correctly instructed on any point, it is not error to refuse further instructions on that point, however correct a tendered instruction may be.” Wilson v. Brown, 136 Va. 634, 637-38 (1923); see also Honsinger, 266 Va. at 274 (“[W]e will approve a trial court’s decision to not give an instruction that is duplicative of instructions already given.”).

2014By contrast, in Holmes we emphasized that the circuit court improperly used the definite article “the” when instructing the jury since concurrent causes were alleged. 273 Va. at 160 , 639 S.E.2d at 240 . 25 136 Va. 634, 637-38 , 118 S.E. 88, 89 (1923) (“Where the jury has been sufficiently and correctly instructed on any point, it is not error to refuse further instructions on that point, however correct a tendered instruction may be.”).

33
Honsinger v. Egangreen
va · 2003 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025Likewise, “[w]here the jury has been sufficiently and correctly instructed on any point, it is not error to refuse further instructions on that point, however correct a tendered instruction may be.” Wilson v. Brown, 136 Va. 634, 637-38 (1923); see also Honsinger, 266 Va. at 274 (“[W]e will approve a trial court’s decision to not give an instruction that is duplicative of instructions already given.”).

11
Kirby v. Moehlmangreen
va · 1944 · cited in 1 Virginia opinions naming this issue, 1995–1995
2 sentences

1995Where the jury has been sufficiently and correctly instructed on any point, it is not error to refuse further instructions on that point, however correct a tendered instruction may be.” Wilson v. Brown, 136 Va. 634, 637-38 , 118 S.E. 88, 89 (1923) (citation omitted); see also Kirby v. Moehlman, 182 Va. 876, 886 , 30 S.E.2d 548, 552 (1944).

1995Where the jury has been sufficiently and correctly instructed on any point, it is not error to refuse further instructions on that point, however correct a tendered instruction may be.” Wilson v. Brown, 136 Va. 634, 637-38 , 118 S.E. 88, 89 (1923) (citation omitted); see also Kirby v. Moehlman, 182 Va. 876, 886 , 30 S.E.2d 548, 552 (1944).

11
City of Portsmouth v. Cilumbrellogreen
va · 1963 · cited in 1 Virginia opinions naming this issue, 1989–1989
2 sentences

1989The trial court also refused the Commonwealth’s tendered instruction which would have told the jury, in part, that the Commonwealth was “not an insurer against accidents upon its walkways” and that it only had the duty of “ordinary care to keep its walkways in reasonably safe condition for travel.” In holding the *625 refusal of a similar instruction was reversible error, we noted that there is a common misconception that “a city is liable, in all events, for injuries suffered on its streets because of defects therein.” City of Portsmouth v. Cilumbrello, 204 Va. 11, 17 , 129 S.E.2d 31, 35 (196

1989The trial court also refused the Commonwealth’s tendered instruction which would have told the jury, in part, that the Commonwealth was “not an insurer against accidents upon its walkways” and that it only had the duty of “ordinary care to keep its walkways in reasonably safe condition for travel.” In holding the *625 refusal of a similar instruction was reversible error, we noted that there is a common misconception that “a city is liable, in all events, for injuries suffered on its streets because of defects therein.” City of Portsmouth v. Cilumbrello, 204 Va. 11, 17 , 129 S.E.2d 31, 35 (196

11
Draper v. Commonwealthgreen
va · 1922 · cited in 1 Virginia opinions naming this issue, 1973–1973
2 sentences

1973The first sentence of the tendered instruction was in identical language to an instruction which was upheld in Draper v. Commonwealth, 132 Va. 648, 659-60 , 111 S.E. 471, 474-75 (1922).

1973The first sentence of the tendered instruction was in identical language to an instruction which was upheld in Draper v. Commonwealth, 132 Va. 648, 659-60 , 111 S.E. 471, 474-75 (1922).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Holmes v. Levine green
va · 2007
2 sentences

2014By contrast, in Holmes we emphasized that the circuit court improperly used the definite article “the” when instructing the jury since concurrent causes were alleged. 273 Va. at 160 , 639 S.E.2d at 240 . 25 136 Va. 634, 637-38 , 118 S.E. 88, 89 (1923) (“Where the jury has been sufficiently and correctly instructed on any point, it is not error to refuse further instructions on that point, however correct a tendered instruction may be.”).

2014By contrast, in Holmes we emphasized that the circuit court improperly used the definite article “the” when instructing the jury since concurrent causes were alleged. 273 Va. at 160 , 639 S.E.2d at 240 . 25 136 Va. 634, 637-38 , 118 S.E. 88, 89 (1923) (“Where the jury has been sufficiently and correctly instructed on any point, it is not error to refuse further instructions on that point, however correct a tendered instruction may be.”).

12014–2014
Stiltner v. Rhay neutral
scotus · 1967
1 sentence

1980In Rollins v. Commonwealth, 207 Va. 575 , 151 S.E.2d 622 (1966), cert. denied, 386 U.S. 1026 (1967), we said similar language in a tendered instruction was properly excluded because the statutory requirements were directed “to the court and [were] not the concern of the jury.” 207 Va. at 583 , 151 S.E.2d at 627 .

11980–1980
Rollins v. Commonwealth green
va · 1966
2 sentences

1980In Rollins v. Commonwealth, 207 Va. 575 , 151 S.E.2d 622 (1966), cert. denied, 386 U.S. 1026 (1967), we said similar language in a tendered instruction was properly excluded because the statutory requirements were directed “to the court and [were] not the concern of the jury.” 207 Va. at 583 , 151 S.E.2d at 627 .

1980In Rollins v. Commonwealth, 207 Va. 575 , 151 S.E.2d 622 (1966), cert. denied, 386 U.S. 1026 (1967), we said similar language in a tendered instruction was properly excluded because the statutory requirements were directed “to the court and [were] not the concern of the jury.” 207 Va. at 583 , 151 S.E.2d at 627 .

11980–1980

Where else courts name it

IN 895 (1918–2025) NE 244 (1935–2026) IL 233 (1944–2026) CO 161 (1908–2026) NM 74 (1917–2025) MO 39 (1971–2018) KY 24 (1919–2026) NY 17 (1982–2025) TX 12 (1945–2018) CA 11 (1948–2023) NC 7 (1977–2007) MS 7 (1989–2025) VA 6 (1973–2025) SD 4 (2003–2025) WY 4 (1977–2006) AL 3 (1949–1977) IA 3 (1996–2016) FL 3 (1974–1987) HI 3 (1983–2010) MD 2 (2008–2021) OR 2 (1961–1970) OK 2 (1899–1934) CT 2 (1994–1995) WV 2 (1953–1981) AZ 2 (1966–1995)

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.

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