Isaac v. Com

15 Citing cases

  1. Obando v. Commonwealth

    Record No. 1190-18-4 (Va. Ct. App. Dec. 27, 2019)

    And, when his own evidence is substantially the same as his opponent's, he can complain on appeal about neither." Isaac v. Commonwealth, 58 Va. App. 255, 263 (2011). This legal maxim is sometimes called the "same-evidence principle."

  2. Paxton v. Commonwealth

    80 Va. App. 449 (Va. Ct. App. 2024)   Cited 2 times

    "This legal maxim is sometimes called the ‘same-evidence principle.’ " Id. (quoting Isaac v. Commonwealth, 58 Va. App. 255, 260, 708 S.E.2d 435 (2011)). The principle has limits, however.

  3. Shaw v. Commonwealth

    79 Va. App. 485 (Va. Ct. App. 2024)   Cited 4 times
    Discussing the scope of mental-health evidence admissible under Code § 19.2-271.6 when offered to negate mens rea

    “This same-evidence principle has … stood in roughly the same form for well over a century,” and it “applies to criminal and civil cases.” Isaac v. Commonwealth, 58 Va. App. 255, 260, 708 S.E.2d 435 (2011).The same-evidence principle also applies when a party "has, at some other time during the trial, voluntarily elicited the same evidence," Burns, 227 Va. at 363, 315 S.E.2d 856 (quoting Whitten, 137 Va. at 741, 120 S.E. 146), but an exception applies there "for evidence elicited 'during cross-examination of a witness or in rebuttal testimony,’ ” Isaac, 58 Va. App. at 261, 708 S.E.2d 435 (quoting Zektaw v. Commonwealth, 278 Va. 127, 134, 677 S.E.2d 49 (2009)).

  4. Stevens v. Commonwealth

    72 Va. App. 546 (Va. Ct. App. 2020)   Cited 14 times
    Affirming the admission of expert testimony on the subjects of child abuse and disclosure

    This legal maxim is sometimes called the "same-evidence principle." Isaac v. Commonwealth, 58 Va. App. 255, 260, 708 S.E.2d 435 (2011). The appellant suggests that the Commonwealth waived this argument by not raising it at "the petition[ ] stage" of the case.

  5. Schmidt v. Commonwealth

    Record No. 1104-16-4 (Va. Ct. App. Jan. 23, 2018)

    The problem infecting appellant's argument is that the parties' respective expert witnesses, though disagreeing in their interpretations, all testified on cumulative factual material. This issue is similar to the principle we discussed in Isaac v. Commonwealth, 58 Va. App. 255, 708 S.E.2d 435 (2011). In Isaac, we stated that "when a litigant 'unsuccessfully objects to evidence that he considers improper and then introduces on his own behalf evidence of the same character, he waives his earlier objection to the admission of that evidence.'"

  6. Buchanan v. Commonwealth

    Record No. 1253-14-3 (Va. Ct. App. May. 5, 2015)

    "[W]hen a litigant 'unsuccessfully objects to evidence that he considers improper and then introduces on his own behalf evidence of the same character, he waives his earlier objection to the admission of that evidence.'" Isaac v. Commonwealth, 58 Va. App. 255, 260, 708 S.E.2d 435, 437 (2011) (quoting Combs v. Norfolk & W. Ry., 256 Va. 490, 499, 507 S.E.2d 355, 360 (1998)). This principle "has stood in roughly the same form for well over a century," and it applies to both criminal and civil cases.

  7. Brown v. Commonwealth

    No. 0134-23-2 (Va. Ct. App. Mar. 26, 2024)

    Id. (quoting Isaac v. Commonwealth, 58 Va.App. 255, 260 (2011)).

  8. Charnick v. Commonwealth

    No. 1230-22-1 (Va. Ct. App. Jan. 16, 2024)

    Stevens v. Commonwealth, 72 Va.App. 546, 557 (2020)) (second alteration in original) (quoting Hubbard v. Commonwealth, 243 Va. 1, 9 (1992)). This waiver principle applies to "exactly the same evidence," "evidence dealing 'with the same subject,'" "evidence fairly considered to be 'of the same character,'" and "evidence 'similar to that to which the objection applies.'" Id. (quoting Isaac v. Commonwealth, 58 Va.App. 255, 264 (2011)). The security video photos and the credit card transaction log tended to establish that the appellant had arrived at the 7-Eleven in Marshall's stolen car and used her credit card at the store.

  9. Getachew v. Commonwealth

    No. 0341-23-4 (Va. Ct. App. Jun. 11, 2024)

    , he waives his earlier objection to the admission of that evidence." Isaac v. Commonwealth, 58 Va.App. 255, 260 (2011) (quoting Combs v. Norfolk & W. Ry., 256 Va. 490, 499 (1998)). "The waiver applies to criminal and civil cases and affects evidentiary objections based on constitutional as well as statutory and common law grounds."

  10. Peaks v. Commonwealth

    Record No. 0995-18-3 (Va. Ct. App. Oct. 8, 2019)

    Independent of the limitations on the admissibility of prior bad acts evidence, "[u]nder Virginia law, a litigant waives an objection to evidence when he introduces 'evidence dealing with the same subject as part of his own case-in-chief.'" Isaac v. Commonwealth, 58 Va. App. 255, 260 (2011) (quoting Pettus v. Gottfried, 269 Va. 69, 79 (2005)). "Put another way, when a litigant 'unsuccessfully objects to evidence that he considers improper and then introduces on his own behalf evidence of the same character, he waives his earlier objection to the admission of that evidence.'"