opportunity of seeing hearing in Virginia

2025“In all other cases, we must defer to the conclusions of ‘the fact finder[,] who has the opportunity of seeing and hearing the witnesses.’” Id. (alteration in original) (quoting Schneider v. Commonwealth, 230 Va. 379, 382 (1985)).

2025“In all other cases, we must defer to the conclusions of ‘the fact finder[,] who has the opportunity of seeing and hearing the witnesses.’” Id. (alteration in original) (quoting Schneider v. Commonwealth, 230 Va. 379, 382 (1985)).

2026See id. “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Aldridge v. Commonwealth, 44 Va. App. 618, 639 (2004) (quoting Collins v. Commonwealth, 13 Va. App. 177, 179 (1991)).

2025Tr., Inc. v. White Cloud Nine Ventures, L.P., 291 Va. 153, 160 (2016) - 10 - (quoting Perel v. Brannan, 267 Va. 691, 698 (2004)). “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Aldridge v. Commonwealth, 44 Va. App. 618, 639 (2004) (quoting Collins v. Commonwealth, 13 Va. App. 177, 179 (1991)).

2023Indeed, “[t]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Commonwealth v. Jackson, 276 Va. 184, 197 (2008) (quoting Schneider v. Commonwealth, 230 Va. 379, 382 (1985)). - 10 - CONCLUSION For the above reasons, we affirm the trial court’s judgment.

2015It is well established that “‘[t]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.’” Commonwealth v. Jackson, 276 Va. 184, 197 , 661 S.E.2d 810, 816 (2008) (quoting Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985)).

2025“In all other cases, we must defer to the conclusions of ‘the fact finder[,] who has the opportunity of seeing and hearing the witnesses.’” Id. (alteration in original) (quoting Schneider v. Commonwealth, 230 Va. 379, 382 (1985)).

2025“In all other cases, we must defer to the conclusions of ‘the fact finder[,] who has the opportunity of seeing and hearing the witnesses.’” Id. (alteration in original) (quoting Schneider v. Commonwealth, 230 Va. 379, 382 (1985)).

2025“A legal determination that a witness is inherently incredible is very different from the mere identification of inconsistencies in a witness’ testimony or statements.” Kelley v. Commonwealth, 69 Va. App. 617, 626 (2019).

2025“A legal determination that a witness is inherently incredible is very different from the mere identification of inconsistencies in a witness’ testimony or statements.” Kelley, 69 Va. App. at 626 .

2025In addition, “[i]n its role of judging witness credibility, the fact finder is entitled to disbelieve the self-serving testimony of the accused and to conclude that the accused is lying to conceal his guilt.” Flanagan v. Commonwealth, 58 Va. App. 681, 702 (2011) (quoting Marable v. Commonwealth, 27 Va. App. 505, 509-10 (1998)). “[I]n drawing inferences from the evidence, the fact finder may conclude regarding even a non-testifying defendant that his false statements establish that he has lied to conceal his guilt.” Rams v. Commonwealth, 70 Va. App. 12, 27 (2019).

2004“In its role of judging witness credibility, the fact finder is entitled to disbelieve the self-serving testimony of the accused and to conclude that the accused is lying to conceal his guilt.” Marable v. Commonwealth, 27 Va.App. 505, 509-10 , 500 S.E.2d 233, 235 (1998).

2022Furthermore, “the credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the -4- witnesses.” Schneider v. Commonwealth, 230 Va. 379, 382 (1985) (citing Coppola v. Commonwealth, 220 Va. 243, 252 (1979), cert. denied, 444 U.S. 1103 (1980)).

2022Therefore, a “victim’s testimony, if credible and accepted by the finder of fact, is sufficient evidence, standing alone, to support the conviction.” Id. “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Schneider v. Commonwealth, 230 Va. 379, 382 (1985) (citing Coppola v. Commonwealth, 220 Va. 243, 252 (1979), cert. denied, 444 U.S. 1103 (1980)).

2015“In all other cases, we must defer to the conclusions of ‘the fact finder[,] who has the opportunity of seeing and hearing the witnesses.’” Ashby v. Commonwealth, 33 Va. App. 540, 548 , 535 S.E.2d 182, 187 (2000) (alteration in original) (quoting Schneider, 230 Va. at 382 , 337 S.E.2d at 736-37 ).

2015“In all other cases, we must defer to the conclusions of ‘the fact finder[,] who has the opportunity of seeing and hearing the witnesses.’” Ashby v. Commonwealth, 33 Va. App. 540, 548 , 535 S.E.2d 182, 187 (2000) (alteration in original) (quoting Schneider, 230 Va. at 382 , 337 S.E.2d at 736-37 ).

2025“Application for a new trial is addressed to the sound discretion of the trial court which has the opportunity of seeing and hearing the witness whose testimony is brought under attack, and the prime duty of determining whether [s]he swore falsely at trial.” Mundy, 11 Va. App. at 481 (quoting Fout, 199 Va. at 192 ).

2025“Application for a new trial is addressed to the sound discretion of the trial court which has the opportunity of seeing and hearing the witness whose testimony is brought under attack, and the prime duty of determining whether [s]he swore falsely at trial.” Mundy, 11 Va. App. at 481 (quoting Fout, 199 Va. at 192 ).

2026See id. “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Aldridge v. Commonwealth, 44 Va. App. 618, 639 (2004) (quoting Collins v. Commonwealth, 13 Va. App. 177, 179 (1991)).

2025Tr., Inc. v. White Cloud Nine Ventures, L.P., 291 Va. 153, 160 (2016) - 10 - (quoting Perel v. Brannan, 267 Va. 691, 698 (2004)). “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Aldridge v. Commonwealth, 44 Va. App. 618, 639 (2004) (quoting Collins v. Commonwealth, 13 Va. App. 177, 179 (1991)).

2025In addition, “[i]n its role of judging witness credibility, the fact finder is entitled to disbelieve the self-serving testimony of the accused and to conclude that the accused is lying to conceal his guilt.” Flanagan v. Commonwealth, 58 Va. App. 681, 702 (2011) (quoting Marable v. Commonwealth, 27 Va. App. 505, 509-10 (1998)). “[I]n drawing inferences from the evidence, the fact finder may conclude regarding even a non-testifying defendant that his false statements establish that he has lied to conceal his guilt.” Rams v. Commonwealth, 70 Va. App. 12, 27 (2019).

2023Indeed, the trial court was “entitled to disbelieve the self-serving testimony of the accused and to conclude that the accused [wa]s lying to conceal h[er] guilt.” Washington v. Commonwealth, 75 Va. App. 606 , 616 (2022) (quoting Flanagan v. Commonwealth, 58 Va. App. 681, 702 (2011)).

2024And “[m]erely because [a] defendant’s theory of the case differs from that taken by the Commonwealth does not mean that every reasonable hypothesis consistent with his innocence has not been excluded.” Edwards v. Commonwealth, 68 Va. App. 284, 301 (2017) (quoting Haskins v. Commonwealth, 44 Va. App. 1, 9 (2004)).

2024What weight should be given evidence is a matter for the [factfinder] to -5- decide.” Edwards v. Commonwealth, 68 Va. App. 284, 301 (2017) (second and third alterations in original) (quoting Haskins v. Commonwealth, 44 Va. App. 1, 9 (2004)).

2024And “[m]erely because [a] defendant’s theory of the case differs from that taken by the Commonwealth does not mean that every reasonable hypothesis consistent with his innocence has not been excluded.” Edwards v. Commonwealth, 68 Va. App. 284, 301 (2017) (quoting Haskins v. Commonwealth, 44 Va. App. 1, 9 (2004)).

2024What weight should be given evidence is a matter for the [factfinder] to -5- decide.” Edwards v. Commonwealth, 68 Va. App. 284, 301 (2017) (second and third alterations in original) (quoting Haskins v. Commonwealth, 44 Va. App. 1, 9 (2004)).

2016See Schneider v. Commonwealth , 230 Va. 379 , 382, 337 S.E.2d 735 , 736-37 (1985) ("[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses."); Cardwell v. Commonwealth , 209 Va. 412 , 414, 164 S.E.2d 699 , 701 (1968) ("For evidence to be incredible it must be either so manifestly false that reasonable men ought not to believe it, or it must be shown to be false by objects or things as to the existence and meaning of which reasonable men should not differ.") (internal quotation mar

2016See Schneider v. Commonwealth , 230 Va. 379 , 382, 337 S.E.2d 735 , 736-37 (1985) ("[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses."); Cardwell v. Commonwealth , 209 Va. 412 , 414, 164 S.E.2d 699 , 701 (1968) ("For evidence to be incredible it must be either so manifestly false that reasonable men ought not to believe it, or it must be shown to be false by objects or things as to the existence and meaning of which reasonable men should not differ.") (internal quotation mar

2004We are further mindful that “[conflicts in evidence present factual questions that are to be resolved by the trial court,” which “ ‘must evaluate the credibility of the witnesses, resolve the conflicts in their testimony and weigh the evidence as a whole.’ ” Mills v. Commonwealth, 14 Va.App. 459, 468 , 418 S.E.2d 718, 723 (1992) (quoting Albert v. Commonwealth, 2 Va.App. 734, 738, 347 S.E.2d 534, 536 (1986)). “ ‘The credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.’ ” Collins v. C

2004We are further mindful that “[conflicts in evidence present factual questions that are to be resolved by the trial court,” which “ ‘must evaluate the credibility of the witnesses, resolve the conflicts in their testimony and weigh the evidence as a whole.’ ” Mills v. Commonwealth, 14 Va.App. 459, 468 , 418 S.E.2d 718, 723 (1992) (quoting Albert v. Commonwealth, 2 Va.App. 734, 738, 347 S.E.2d 534, 536 (1986)). “ ‘The credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.’ ” Collins v. C

2004We are further mindful that “[conflicts in evidence present factual questions that are to be resolved by the trial court,” which “ ‘must evaluate the credibility of the witnesses, resolve the conflicts in their testimony and weigh the evidence as a whole.’ ” Mills v. Commonwealth, 14 Va.App. 459, 468 , 418 S.E.2d 718, 723 (1992) (quoting Albert v. Commonwealth, 2 Va.App. 734, 738, 347 S.E.2d 534, 536 (1986)). “ ‘The credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.’ ” Collins v. C

2004We are further mindful that “[conflicts in evidence present factual questions that are to be resolved by the trial court,” which “ ‘must evaluate the credibility of the witnesses, resolve the conflicts in their testimony and weigh the evidence as a whole.’ ” Mills v. Commonwealth, 14 Va.App. 459, 468 , 418 S.E.2d 718, 723 (1992) (quoting Albert v. Commonwealth, 2 Va.App. 734, 738, 347 S.E.2d 534, 536 (1986)). “ ‘The credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.’ ” Collins v. C

2025Tr., Inc. v. White Cloud Nine Ventures, L.P., 291 Va. 153, 160 (2016) - 10 - (quoting Perel v. Brannan, 267 Va. 691, 698 (2004)). “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Aldridge v. Commonwealth, 44 Va. App. 618, 639 (2004) (quoting Collins v. Commonwealth, 13 Va. App. 177, 179 (1991)).

2025In addition, “[i]n its role of judging witness credibility, the fact finder is entitled to disbelieve the self-serving testimony of the accused and to conclude that the accused is lying to conceal his guilt.” Flanagan v. Commonwealth, 58 Va. App. 681, 702 (2011) (quoting Marable v. Commonwealth, 27 Va. App. 505, 509-10 (1998)). “[I]n drawing inferences from the evidence, the fact finder may conclude regarding even a non-testifying defendant that his false statements establish that he has lied to conceal his guilt.” Rams v. Commonwealth, 70 Va. App. 12, 27 (2019).

2025Tr., Inc. v. White Cloud Nine Ventures, L.P., 291 Va. 153, 160 (2016) - 10 - (quoting Perel v. Brannan, 267 Va. 691, 698 (2004)). “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Aldridge v. Commonwealth, 44 Va. App. 618, 639 (2004) (quoting Collins v. Commonwealth, 13 Va. App. 177, 179 (1991)).

2024“The trier of fact is not required to accept a party’s evidence in its entirety, but is free to believe or disbelieve, in whole or in part, the testimony of any witness.” English v. Commonwealth, 43 Va. App. 370, 371 (2004) (citations omitted).

2022This Court must accept the factfinder’s “determination of the credibility of witness testimony unless, ‘as a matter of law, the testimony is inherently incredible.’” Nobrega v. Commonwealth, 271 Va. 508, 518 (2006) (quoting Walker v. Commonwealth, 258 Va. 54, 70-71 (1999), cert. denied, 528 U.S. 1125 (2000)).

2016Carosi v. Commonwealth, 280 Va. 545, 554-55 , 701 S.E.2d 441, 446 (2010).2 “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985).

2016Carosi v. Commonwealth, 280 Va. 545, 554-55 , 701 S.E.2d 441, 446 (2010).2 “[T]he credibility of witnesses and the weight accorded their testimony are matters solely for the fact finder who has the opportunity of seeing and hearing the witnesses.” Schneider v. Commonwealth, 230 Va. 379, 382 , 337 S.E.2d 735, 736-37 (1985).

2010And, as this Court reiterates today, though not here, "[t]hat deference applies not only to findings of fact, but also to any reasonable and justified inferences the fact-finder may have drawn from the facts proved." Sullivan v. Commonwealth, 280 Va. 672, 675-76 , 701 S.E.2d 61, 63-64 (2010) (this day decided).

2010And, as this Court reiterates today, though not here, "[t]hat deference applies not only to findings of fact, but also to any reasonable and justified inferences the fact-finder may have drawn from the facts proved." Sullivan v. Commonwealth, 280 Va. 672, 675-76 , 701 S.E.2d 61, 63-64 (2010) (this day decided).

2010"This is so because the credibility of witnesses and the weight accorded their testimony are matters solely for the fact[-] finder who has the opportunity of seeing and hearing the witnesses." Id. at 382 , 337 S.E.2d at 736-37 ; accord Young v. Commonwealth, 275 Va. 587, 590 , 659 S.E.2d 308, 310 (2008) ("On appeal, great deference is given to the fact[-]finder who, having seen and heard the witnesses, assesses their credibility and weighs their testimony.").

2010"This is so because the credibility of witnesses and the weight accorded their testimony are matters solely for the fact[-] finder who has the opportunity of seeing and hearing the witnesses." Id. at 382 , 337 S.E.2d at 736-37 ; accord Young v. Commonwealth, 275 Va. 587, 590 , 659 S.E.2d 308, 310 (2008) ("On appeal, great deference is given to the fact[-]finder who, having seen and heard the witnesses, assesses their credibility and weighs their testimony.").

2008“The judgment of the trial court is presumed to be correct and will be reversed only upon a showing that it is ‘plainly wrong or without evidence to support it.’” Viney v. Commonwealth, 269 Va. 296, 299 , 609 S.E.2d 26, 28 (2005) (quoting Code § 8.01-680; Jackson v. Commonwealth, 267 Va. 178, 204 , 509 S.E.2d 520 , 535 (2004)).

2008“The judgment of the trial court is presumed to be correct and will be reversed only upon a showing that it is ‘plainly wrong or without evidence to support it.’” Viney v. Commonwealth, 269 Va. 296, 299 , 609 S.E.2d 26, 28 (2005) (quoting Code § 8.01-680; Jackson v. Commonwealth, 267 Va. 178, 204 , 509 S.E.2d 520 , 535 (2004)).