Tuesday, July 06, 2004

Stopping distance instruction was error but not reversible error

In Jones v. Griffey, the Fourth Circuit in a per curiam opinion for the panel of Judges Wilkinson, Shedd, and Duncan held that the trial court erred by giving a jury instruction based on Instruction No. 10.105 of the Virginia Model Jury Instructions, referring to Va. Code 46.2-880, the statutory stopping distance table.

The opinion goes on to conclude, however, that the error was harmless, and affirmed the defense verdict.

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