Grattan v. Commonwealth

10 Citing cases

  1. Sauder v. Ferguson

    289 Va. 449 (Va. 2015)   Cited 100 times   1 Legal Analyses
    Addressing the abuse of discretion standard of review

    Thus, โ€œ โ€˜[o]nly when reasonable jurists could not differ can we say an abuse of discretion has occurred.โ€™ โ€ Grattan v. Commonwealth, 278 Va. 602, 620, 685 S.E.2d 634, 644 (2009) (quoting Thomas v. Commonwealth, 44 Va.App. 741, 753, 607 S.E.2d 738, 743 (2005)).

  2. AME FINANCIAL CORP. v. KIRITSIS

    281 Va. 384 (Va. 2011)   Cited 27 times
    Holding that the statutory use of "may" denotes discretion "even after" the moving party has satisfied the threshold requirements for seeking relief

    `The abuse-of-discretion standard [also] includes review to determine that the discretion was not guided by erroneous legal conclusions. `" Grattan v. Commonwealth, 278 Va. 602, 620, 685 S.E.2d 634, 644 (2009) (quoting Porter v. Commonwealth, 276 Va. 203, 260, 661 S.E.2d 415, 445 (2008)) (internal quotation marks omitted). In the instant case, AME was served with the Kiritsises' complaint on May 24, 2006.

  3. Cedeno v. For Every Body, LLC

    No. 1842-22-4 (Va. Ct. App. Apr. 23, 2024)

    "Only when reasonable jurists could not differ can we say an abuse of discretion has occurred." Minh Duy Du, 292 Va. at 564 (quoting Grattan v. Commonwealth, 278 Va. 602, 620 (2009)). It necessarily follows that "the abuse of discretion standard requires a reviewing court to show enough deference to a primary decisionmaker's judgment that the court does not reverse merely because it would have come to a different result in the first instance." Lawlor, 285 Va. at 212 (quoting Evans v. Eaton Corp. Long Term Disability Plan, 514 F.3d 315, 322 (4th Cir. 2008)).

  4. Gushwa v. Commonwealth

    No. 1610-22-2 (Va. Ct. App. Apr. 23, 2024)

    Id. (quoting Grattan v. Commonwealth, 278 Va. 602, 620 (2009)). "A trial court . . . 'by definition abuses its discretion when it makes an error of law.'"

  5. 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

  6. Shiye Qiu v. Chaoyu Huang

    77 Va. App. 304 (Va. Ct. App. 2023)   Cited 7 times   1 Legal Analyses
    Rejecting a claim that a court erred by overruling an "original demurrer" to a fraud count and later sustaining a renewed demurrer to that count

    Id. (quoting Grattan v. Commonwealth , 278 Va. 602, 620, 685 S.E.2d 634 (2009) ). "[T]he power to stay [a] proceeding[ ] is incidental to the power inherent in every court to control ... its docket," taking into account "economy of time and effort for itself, ... counsel, and ... litigants."

  7. Powell v. Commonwealth

    No. 0376-22-2 (Va. Ct. App. Nov. 22, 2022)

    "Only when reasonable jurists could not differ can we say an abuse of discretion has occurred." Minh Duy Du v. Commonwealth, 292 Va. 555, 564 (2016) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 (2009)). "A trial court has 'wide latitude' to make sentencing decisions such as the ordering of restitution, because '[t]he determination of sentencing lies within the sound discretion of the trial court.'" Sigler v. Commonwealth, 61 Va.App. 674, 678 (2013) (alteration in original) (first quoting Deal v. Commonwealth, 15 Va.App. 157, 160 (1992); and then quoting Martin v. Commonwealth, 274 Va. 733, 735 (2007)). Code ยง 19.2-303 provides that, "[a]fter conviction, . . . the court may . . . suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine."

  8. Drayton v. Commonwealth

    Record No. 1734-17-1 (Va. Ct. App. Feb. 26, 2019)

    Rather, we consider only whether the record fairly supports the trial court's action.'" Carter v. Commonwealth, 293 Va. 537, 543 (2017) (quoting Grattan v. Commonwealth, 278 Va. 602, 620 (2009)). We "will not disturb a trial court's decision to admit [or exclude] evidence absent a finding of abuse of . . . discretion."

  9. Wood v. Commonwealth

    Record No. 0060-16-1 (Va. Ct. App. Dec. 13, 2016)

    Instead, "we consider only whether the record fairly supports the trial court's action." Grattan v. Commonwealth, 278 Va. 602, 620, 685 S.E.2d 634, 644 (2009) (quoting Beck v. Commonwealth, 253 Va. 373, 385, 484 S.E.2d 898, 906 (1997)). Thus, a reviewing court can only conclude that an abuse of discretion has occurred in cases where "reasonable jurists could not differ" about the correct result.

  10. Broadhead v. Broadhead

    Record Nos. 0923-09-2, 1097-09-2 (Va. Ct. App. Mar. 16, 2010)

    "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)).