Pierce v. Commonwealth

I join the majority’s holding in Part II.A. that admission of evidence of appellant Sandra Pierce’s perjury conviction was error. However, I believe the decision in Cole v. Commonwealth, 16 Va.App. 113, 428 S.E.2d 303 (1993), relied upon by the majority in Part II.B. to conclude the error was harmless, compels a contrary result in light of our interpretation of it in Craddock v. Commonwealth, 16 Va.App. 402, 429 S.E.2d 889 (1993). I would reverse the conviction and remand for a new trial, and, thus, I respectfully dissent.

In Virginia, non-constitutional error is harmless “[w]hen it plainly…