Grattan v. Commonwealth

30 Citing cases

  1. Prieto v. Commonwealth

    283 Va. 149 (Va. 2012)   Cited 52 times
    Holding in a capital case that as long as the jury unanimously found that the evidence was sufficient to support the aggravating factor of vileness, it was not required to agree upon which one of multiple possible categories of evidence proved that vileness (citing Jackson v. Commonwealth, 266 Va. 423, 434-35, 587 S.E.2d 532 (2003) )

    Judge Bellows accurately characterized the prevailing law in his memorandum decision, and it is clear that his refusal to recuse himself was not an abuse of discretion. See, e.g., Grattan v. Commonwealth, 278 Va. 602, 620, 685 S.E.2d 634, 644 (2009) (stating that a review for abuse of discretion “includes review to determine that the discretion was not guided by erroneous legal conclusions,” and finding no abuse of discretion where the trial judge's decision reflected proper application of governing legal principles). Prieto offered no evidence or even allegation of extrajudicial influence that would suggest bias.

  2. Henderson v. Commonwealth

    59 Va. App. 641 (Va. Ct. App. 2012)   Cited 16 times
    Holding the scope of a defendant's confrontation rights under the Sixth Amendment's Confrontation Clause and the Fourteenth Amendment's Due Process Clause are “not ... congruent”

    “Only when reasonable jurists could not differ can we say an abuse of discretion has occurred.” Grattan v. Commonwealth, 278 Va. 602, 620, 685 S.E.2d 634, 644 (2009) (quoting in parenthetical Thomas v. Commonwealth, 44 Va.App. 741, 753, 607 S.E.2d 738, 743 (2005)). That standard of review is applicable to decisions of trial courts as to the admissibility of evidence.

  3. Commonwealth v. Smith

    898 S.E.2d 224 (Va. 2024)

    Rather, we consider only whether the record fairly supports [that] action.’ " Grattan v. Commonwealth, 278 Va. 602, 620, 685 S.E.2d 634 (2009) (quoting Beck v. Commonwealth, 253 Va. 373, 385, 484 S.E.2d 898 (1997)). [12] Expert testimony must address issues beyond the "common experience of the jury."

  4. Oprisko v. Dir. of the Dep't of Corr.

    293 Va. 87 (Va. 2017)   Cited 3 times

    A court abuses its discretion if the record does not support its action or its decision was based on erroneous legal conclusions. Grattan v. Commonwealth , 278 Va. 602, 620, 685 S.E.2d 634, 644 (2009). Under Code § 8.01–654, a habeas court may grant an evidentiary hearing, but subsection (B)(4) explicitly provides that it is not necessary if "the allegations of illegality of the petitioner's detention can be fully determined on the basis of recorded matters."

  5. Roque v. Winters

    No. 1024-23-4 (Va. Ct. App. Dec. 17, 2024)

    Carter v. Commonwealth, 293 Va. 537, 543 (2017) (second alteration in original) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 (2009)). This Court will find an abuse of discretion only when "reasonable jurists could not differ." Hicks v. Commonwealth, 71 Va.App. 255, 275 (2019) (quoting Campos v. Commonwealth, 67 Va.App. 690, 702 (2017)).

  6. Rose v. Commonwealth

    No. 0893-23-1 (Va. Ct. App. Jul. 23, 2024)

    Commonwealth v. Swann, 290 Va. 194, 197 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 (2009)).

  7. Sahadeo v. City of Norfolk

    No. 0333-23-1 (Va. Ct. App. Jul. 2, 2024)

    " Id. (alterations in original) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 (2009)). "Only when reasonable jurists could not differ can we say an abuse of discretion has occurred.

  8. Sage Ventures, LC v. Chatham Ridge Condo. Unit Owner's Ass'n

    No. 1167-22-2 (Va. Ct. App. Feb. 13, 2024)

    Rather, we consider only whether the record fairly supports the trial court's action." Grattan v. Commonwealth, 278 Va. 602, 620 (2009) (quoting Beck v. Commonwealth, 253 Va. 373, 385 (1997)); see also

  9. Shaw v. Commonwealth

    79 Va. App. 485 (Va. Ct. App. 2024)   Cited 5 times
    Discussing the scope of mental-health evidence admissible under Code § 19.2-271.6 when offered to negate mens rea

    “Only when reasonable jurists could not differ can we say an abuse of discretion has occurred.” Turner v. Commonwealth, 65 Va. App. 312, 327, 777 S.E.2d 569 (2015) (quoting Grattan v. Commonwealth, 278 Va. 602, 620, 685 S.E.2d 634 (2009)). 1. Code § 19.2-271.6 overrules Stamper’s prohibition on using mental-condition evidence to negate mens rea.

  10. Cheripka v. Commonwealth

    78 Va. App. 480 (Va. Ct. App. 2023)   Cited 6 times

    Rather, a reviewing court can conclude that "an abuse of discretion has occurred" only in cases in which "reasonable jurists could not differ" about the correct result. Commonwealth v. Swann , 290 Va. 194, 197, 776 S.E.2d 265 (2015) (quoting Grattan v. Commonwealth , 278 Va. 602, 620, 685 S.E.2d 634 (2009) ). "[E]vidence of other crimes, wrongs, or acts is generally not admissible to prove the character trait of a person in order to show that the person acted in conformity therewith."