[The objection] must be both specific and timely—so that the trial judge would know the particular point being made in time to do something about it.
- Ki-Ho v. Commonwalth of Virginia, No. 2594062 (Va. Ct. App. Mar. 25, 2008).unpublished ([The objection] must be both specific and timely—so that the trial judge would know the particular point being made in time to do something about it.)
- Carl Ray Jackson v. Commonwealth of Virginia, No. 0459074 (Va. Ct. App. Feb. 19, 2008).unpublished ([The objection] must be both specific and timely—so that the trial judge would know the particular point being made in time to do something about it.)
“the objection must be both specific and timely-so that the trial judge would know the particular point being made in time to do something about it.”
- Ki-Ho v. Commonwalth of Virginia, No. 2594062 (Va. Ct. App. Mar. 25, 2008).unpublished “the objection must be both specific and timely-so that the trial judge would know the particular point being made in time to do something about it.”
- Carl Ray Jackson v. Commonwealth of Virginia, No. 0459074 (Va. Ct. App. Feb. 19, 2008).unpublished “the objection must be both specific and timely-so that the trial judge would know the particular point being made in time to do something about it.”
“Only when reasonable jurists could not differ can we say an abuse of discretion has occurred”
- Logan James Lentz v. Commonwealth of Virginia, No. 0868244 (Va. Ct. App. Dec. 9, 2025).unpublished“Only when reasonable jurists could not differ can we say an abuse of discretion has occurred”
- R.T. v. Commonwealth of Virginia, 923 S.E.2d 318 (Va. Ct. App. 2025).published“Only when reasonable jurists could not differ can we say an abuse of discretion has occurred”
Other citing cases
- Joshua Tyrone Harris v. Commonwealth of Virginia, No. 1493241 (Va. Ct. App. Nov. 12, 2025).unpublished
- Rodney Ray Roach v. Commonwealth of Virginia, No. 0588243 (Va. Ct. App. Aug. 12, 2025).unpublished
- Brady Andrew Reed v. Commonwealth of Virginia, No. 1934222 (Va. Ct. App. May 21, 2024).unpublished
- Brian D. Bailey v. Amy K. Sarina, No. 0589214 (Va. Ct. App. July 19, 2022).unpublished
- Timothy James Suhay v. Commonwealth of Virginia, 875 S.E.2d 82 (Va. Ct. App. 2022).published
- Haywood v. Clarke, No. 1:20-cv-01091 (E.D. Va. Feb. 22, 2022).
- Samuel Rudolph Joshua Raspberry v. Commonwealth of Virginia, No. 0988181 (Va. Ct. App. Oct. 29, 2019).published
- Bernardo John Raigoza v. Commonwealth of Virginia, No. 0386181 (Va. Ct. App. May 7, 2019).unpublished
- Rudloph Brown, Jr. v. Commonwealth of Virginia, No. 2297081 (Va. Ct. App. Dec. 15, 2009).unpublished
- Cooper v. Commonwealth, 680 S.E.2d 361 (Va. Ct. App. 2009).published
Show 6 more citing cases
- Perkins Jones v. Commonwealth, No. 2515051 (Va. Ct. App. Jan. 30, 2007).unpublished
- Bishop v. Commonwealth, 639 S.E.2d 683 (Va. Ct. App. 2007).published
- Van Shawn Rodgers v. Commonwealth of Virginia, No. 0256221 (Va. Ct. App. Sept. 27, 2022).unpublished
- Martonio Leon Coleman v. Commonwealth of Virginia, No. 1712162 (Va. Ct. App. Nov. 28, 2017).unpublished
- Travis Whitley Pitt v. Commonwealth of Virginia, No. 2607082 (Va. Ct. App. Oct. 20, 2009).unpublished
- Quinton Utell Burton v. Commonwealth, No. 1721051 (Va. Ct. App. Oct. 17, 2006).unpublished
v.
COMMONWEALTH of Virginia, Appellee.
Steven A. Merril (Laura P. Leibowitz; Whitestone, Brent, Young & Merril, P.C., on brief), Fairfax, for appellant.
Steven A. Witmer, Assistant Attorney General (Judith Williams Jadgmann, Attorney General, on brief), for appellee.
Before: FITZPATRICK, C.J., and BENTON, ELDER, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS, FELTON, KELSEY, McCLANAHAN and HALEY, JJ.
Upon Rehearing En Banc
By published opinion dated January 25, 2005, a panel of this Court affirmed the judgment of the trial court. We stayed the mandate of that decision and granted rehearing[*871] en banc. Upon reconsideration, the stay of this Court's January 25, 2005 mandate is lifted and we affirm the trial court for the reasons stated in the majority opinion in Thomas v. Commonwealth, 44 Va.App. 741, 607 S.E.2d 738 (2005), and adopt that opinion as our own.
Judges Benton, Elder, and Clements would reverse the trial court for the reasons set forth in the panel dissenting opinion. Chief Judge Fitzpatrick agrees with the dissent that the trial court erred in allowing the disputed evidence. However, she would hold that the other evidence of guilt is overwhelming and, thus, the error could not have affected the verdict.
This order shall be published and certified to the trial court.