Lavinder v. Commonwealth

Opinion

BARROW, J.

A rehearing en banc was granted in this appeal to consider what test applies in measuring whether a non-constitutional error is harmless. We conclude that, if it plainly appears from the facts and circumstances of a particular case that a non-constitutional error did not affect the verdict, the error is harmless.

In Virginia, non-constitutional error is harmless “[w]hen it plainly appears from the record and the evidence given at the trial that the parties have had a fair trial on the merits and substantial justice has been reached.” Code § 8.01-678 (emphasis added). “[A] fair…