Gross v. Stuart

5 Citing cases

  1. Popal v. Garg

    No. 0706-23-4 (Va. Ct. App. Jul. 2, 2024)

    When a trial court instructs a jury to disregard inadmissible testimony, a party is not entitled to a new trial unless there is "'manifest probability of prejudice'" and "the prejudicial effect of an improper remark or question is overwhelming and cannot be cured by a cautionary instruction." Gross v. Stuart, 297 Va. 769, 774-75 (2019) (quoting Lowe v. Cunningham, 268 Va. 268, 272 (2004));

  2. Townes v. Va. State Bd. of Elections

    299 Va. 34 (Va. 2020)   Cited 4 times
    Explaining that when the legislature acts in an area in which an appellate court has spoken, it is presumed to know the law as the court has stated it and therefore to acquiesce in it, and if the legislature intends to countermand such appellate decision it must do so explicitly

    "[T]he responsibility for balancing the competing considerations of probative value and prejudice rests in the sound discretion of the trial court," and "exercise of that discretion will not be disturbed on appeal in the absence of clear abuse." Gross v. Stuart , 297 Va. 769, 771, 831 S.E.2d 726 (2019) (internal quotation marks and citations omitted). Under an abuse of discretion standard, "a reviewing court ... does not reverse merely because it would have come to a different result in the first instance."

  3. Halifax Reg'l Long Term Care, Inc. v. Nelson

    No. 0685-23-2 (Va. Ct. App. Nov. 26, 2024)

    "'[T]he responsibility for balancing the competing considerations of probative value and prejudice rests in the sound discretion of the trial court,' and 'exercise of that discretion will not be disturbed on appeal in the absence of clear abuse.'" Townes v. Va. State Bd. of Elections, 299 Va. 34, 53 (2020) (quoting Gross v. Stuart, 297 Va. 769, 771 (2019)). "Evidence is relevant if it 'tends to cast any light upon the subject of the inquiry.'"

  4. Greene v. Commonwealth

    No. 0931-22-2 (Va. Ct. App. Dec. 28, 2023)

    See Harvey v. Commonwealth, 76 Va.App. 436, 475 (2023); Gross v. Stuart, 297 Va. 769, 774 (2019).

  5. Mid-Atlantic Women's Care, P.L.C. v. Kontaratos

    No. 1319-22-1 (Va. Ct. App. Oct. 31, 2023)

    The circuit court's "ruling denying a motion for mistrial will be set aside on appellate review only if the ruling constituted an abuse of discretion." Gross v. Stuart, 297 Va. 769, 774 (2019) (quoting Allied Concrete Co. v. Lester, 285 Va. 295, 308 (2013)).