Cudjoe v. Commonwealth

I concur with the majority opinion that the trial court’s refusal to allow appellant to strike Craigie was erroneous. However, I find the trial court’s error harmless and, therefore, would affirm the convictions.

As the majority notes, the error in this case is based on a statutory, not a constitutional mandate. 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; see Lavinder v. Commonwealth, 12 Va.App. 1003, 1005, 407…