sufficiency of the evidence analysis in Virginia

2024See generally Williams v. Commonwealth, 32 Va. App. 395, 400 (2000) (en banc) (explaining that harmless error review differs from “a sufficiency of the evidence analysis” (quoting Hooker v. Commonwealth, 14 Va. App. 454, 458 (1992))).

2021To that end, this Court does not ask itself whether evidence in the record “amply supports the jury’s verdict[],” Cartera, 219 Va. at 519, because to do so would run the risk of conflating a harmless error analysis with a sufficiency of the evidence analysis, Hooker v. Commonwealth, 14 Va. App. 454, 458 (1992).

2024See generally Williams v. Commonwealth, 32 Va. App. 395, 400 (2000) (en banc) (explaining that harmless error review differs from “a sufficiency of the evidence analysis” (quoting Hooker v. Commonwealth, 14 Va. App. 454, 458 (1992))).

2020The standard for non-constitutional error is established in Code § 8.01-678, which provides, in pertinent part: When 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, no judgment shall be arrested or reversed . . . [f]or any . . . defect, imperfection, or omission in the record, or for any error committed on the trial. “[A] harmless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Williams v. Commonwealth, 32 Va. App. 395, 400 (2000) (en banc) (quotin

2018Error is harmless when we are able to conclude “with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Clay v. Commonwealth, 262 Va. 253, 260 , 546 S.E.2d 728, 731-32 (2001) (quoting Kotteakos v. United States, 328 U.S. 750, 764-65 (1946)). “[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Hooker v. Commonwealth, 14 Va. App. 454, 458 , 418 S.E.2d 343, 345 (1992), quoted with approval in Williams v. Commonwealth, 32 Va. App. 395, 400 , 528

2018Error is harmless when we are able to conclude “with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Clay v. Commonwealth, 262 Va. 253, 260 , 546 S.E.2d 728, 731-32 (2001) (quoting Kotteakos v. United States, 328 U.S. 750, 764-65 (1946)). “[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Hooker v. Commonwealth, 14 Va. App. 454, 458 , 418 S.E.2d 343, 345 (1992), quoted with approval in Williams v. Commonwealth, 32 Va. App. 395, 400 , 528

2025Therefore, it is necessary for us to apply the factors discussed in Lilly and determine if 1 This standard is distinguishable from the sufficiency of the evidence standard, which looks only at whether the factfinder “could have found the defendant guilty.” White, 293 Va. at 422 (emphasis in original). 7 it is clear beyond a reasonable doubt that a rational jury would have still found Paxton guilty, even in the absence of the statements he made to Det.

2023Although harmless error review is not a sufficiency-of-the-evidence analysis, Commonwealth v. White, 293 Va. 411, 422 (2017), “non-constitutional error may be harmless ‘[i]f other evidence of guilt is so overwhelming and the error [is] insignificant[] by comparison, supporting a conclusion that the error did not have a substantial effect on the verdict,’” Turner, 284 Va. at 209 (alterations in original) (quoting Angel v. Commonwealth, 281 Va. 248, 268 (2011)).

2025“When presented with a sufficiency-of-the-evidence challenge in criminal cases, we review the evidence in the ‘light most favorable’ to the Commonwealth, the prevailing party in the trial court.” Id. (quoting Commonwealth v. Hudson, 265 Va. 505, 514 (2003)).

2024ANALYSIS Appellant argues that the trial court erred in finding sufficient evidence to prove he knowingly failed to register or reregister with the VSP, “when he timely submitted his re-registration forms which were deemed to be incomplete.” “When presented with a sufficiency-of-the-evidence challenge in criminal cases, we review the evidence in the ‘light most favorable’ to the Commonwealth, the prevailing party in the trial court.” Commonwealth v. Barney, 302 Va. 84 , 96 (2023) (quoting Commonwealth v. Hudson, 265 Va. 505, 514 (2003)).

2025“Viewing the record through this evidentiary prism requires us to ‘discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom.’” Id. at 97 (quoting Commonwealth v. Perkins, 295 Va. 323, 323-24 (2018)).

2020Yerling v. Commonwealth, 71 Va. App. 527 , 530 (2020) (quoting Vasquez v. Commonwealth, 291 Va. 232, 236 (2016)).1 “Viewing the record through this evidentiary prism requires us to ‘discard the evidence of the accused in conflict with that of the Commonwealth, and regard as true all the credible evidence favorable to the Commonwealth and all fair inferences to be drawn therefrom.’” Id. (quoting Commonwealth v. Perkins, 295 Va. 323 , 1 In a sufficiency of the evidence analysis, we review all the evidence presented at trial, whether properly admitted or not.

2009Ed. 1557, 1566 (1946)); see also Lavinder v. Commonwealth, 12 Va. App. 1003, 1005 , 407 S.E.2d 910, 911 (1991) (en banc) (discussing harmless error analysis prior to Supreme Court’s adoption of Kotteakos test in Clay). “‘[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.’” 1 Williams v. Commonwealth, 32 Va. App. 395, 400 , 528 S.E.2d 166, 169 (2000) (en banc) (quoting Hooker v. Commonwealth, 14 Va. App. 454, 457-58 , 418 S.E.2d 343, 345 (1992)).

2009Ed. 1557, 1566 (1946)); see also Lavinder v. Commonwealth, 12 Va. App. 1003, 1005 , 407 S.E.2d 910, 911 (1991) (en banc) (discussing harmless error analysis prior to Supreme Court’s adoption of Kotteakos test in Clay). “‘[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.’” 1 Williams v. Commonwealth, 32 Va. App. 395, 400 , 528 S.E.2d 166, 169 (2000) (en banc) (quoting Hooker v. Commonwealth, 14 Va. App. 454, 457-58 , 418 S.E.2d 343, 345 (1992)).

2018Error is harmless when we are able to conclude “with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Clay v. Commonwealth, 262 Va. 253, 260 , 546 S.E.2d 728, 731-32 (2001) (quoting Kotteakos v. United States, 328 U.S. 750, 764-65 (1946)). “[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Hooker v. Commonwealth, 14 Va. App. 454, 458 , 418 S.E.2d 343, 345 (1992), quoted with approval in Williams v. Commonwealth, 32 Va. App. 395, 400 , 528

2018Error is harmless when we are able to conclude “with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Clay v. Commonwealth, 262 Va. 253, 260 , 546 S.E.2d 728, 731-32 (2001) (quoting Kotteakos v. United States, 328 U.S. 750, 764-65 (1946)). “[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Hooker v. Commonwealth, 14 Va. App. 454, 458 , 418 S.E.2d 343, 345 (1992), quoted with approval in Williams v. Commonwealth, 32 Va. App. 395, 400 , 528

2018Error is harmless when we are able to conclude “with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Clay v. Commonwealth, 262 Va. 253, 260 , 546 S.E.2d 728, 731-32 (2001) (quoting Kotteakos v. United States, 328 U.S. 750, 764-65 (1946)). “[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Hooker v. Commonwealth, 14 Va. App. 454, 458 , 418 S.E.2d 343, 345 (1992), quoted with approval in Williams v. Commonwealth, 32 Va. App. 395, 400 , 528

2018Error is harmless when we are able to conclude “with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Clay v. Commonwealth, 262 Va. 253, 260 , 546 S.E.2d 728, 731-32 (2001) (quoting Kotteakos v. United States, 328 U.S. 750, 764-65 (1946)). “[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Hooker v. Commonwealth, 14 Va. App. 454, 458 , 418 S.E.2d 343, 345 (1992), quoted with approval in Williams v. Commonwealth, 32 Va. App. 395, 400 , 528

2016Therefore, an error does not affect the verdict only if we can determine, “without usurping the [trial court’s] fact finding function, that[ ] had the error not occurred, the verdict would have been the same.” Cairns v. Commonwealth, 40 Va.App. 271, 286 , 579 S.E.2d 340, 347 (2003).

2016Therefore, an error does not affect the verdict only if we can determine, “without usurping the [trial court’s] fact finding function, that[ ] had the error not occurred, the verdict would have been the same.” Cairns v. Commonwealth, 40 Va.App. 271, 286 , 579 S.E.2d 340, 347 (2003).

2020“An appellate court does not ‘ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt.’” Williams v. Commonwealth, 278 Va. 190, 193 (2009) (quoting Jackson v. Virginia, 443 U.S. 307, 318-19 (1979)).

2019“An appellate court does not ‘ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt.’” Williams v. Commonwealth, 278 Va. 190, 193 (2009) (quoting Jackson, 443 U.S. at 318-19 ).

2020The standard for non-constitutional error is established in Code § 8.01-678, which provides, in pertinent part: When 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, no judgment shall be arrested or reversed . . . [f]or any . . . defect, imperfection, or omission in the record, or for any error committed on the trial. “[A] harmless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Williams v. Commonwealth, 32 Va. App. 395, 400 (2000) (en banc) (quotin

2020The standard for non-constitutional error is established in Code § 8.01-678, which provides, in pertinent part: When 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, no judgment shall be arrested or reversed . . . [f]or any . . . defect, imperfection, or omission in the record, or for any error committed on the trial. “[A] harmless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Williams v. Commonwealth, 32 Va. App. 395, 400 (2000) (en banc) (quotin

2018The appellate court must “examin[e] the excluded evidence in light of the entire record.” Commonwealth v. Proffitt, 292 Va. 626, 642 , 792 S.E.2d 3, 11 (2016).

2018The appellate court must “examin[e] the excluded evidence in light of the entire record.” Commonwealth v. Proffitt, 292 Va. 626, 642 , 792 S.E.2d 3, 11 (2016).

2018Error is harmless when we are able to conclude “with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Clay v. Commonwealth, 262 Va. 253, 260 , 546 S.E.2d 728, 731-32 (2001) (quoting Kotteakos v. United States, 328 U.S. 750, 764-65 (1946)). “[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Hooker v. Commonwealth, 14 Va. App. 454, 458 , 418 S.E.2d 343, 345 (1992), quoted with approval in Williams v. Commonwealth, 32 Va. App. 395, 400 , 528

2018Error is harmless when we are able to conclude “with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Clay v. Commonwealth, 262 Va. 253, 260 , 546 S.E.2d 728, 731-32 (2001) (quoting Kotteakos v. United States, 328 U.S. 750, 764-65 (1946)). “[H]armless error analysis . . . [is not] simply a sufficiency of the evidence analysis.” Hooker v. Commonwealth, 14 Va. App. 454, 458 , 418 S.E.2d 343, 345 (1992), quoted with approval in Williams v. Commonwealth, 32 Va. App. 395, 400 , 528

2010As part of this review, we must consider “that evidence which tends to support the verdict and to permit the verdict to stand.” Snyder v. Commonwealth, 202 Va. 1009, 1016 , 121 S.E.2d 452, 457 (1961).

2010As part of this review, we must consider “that evidence which tends to support the verdict and to permit the verdict to stand.” Snyder v. Commonwealth, 202 Va. 1009, 1016 , 121 S.E.2d 452, 457 (1961).

2003In Carmell v. Texas, 529 U.S. 513, 529 , 120 S.Ct. 1620, 1631 , 146 L.Ed.2d 577 (2000), the Supreme Court held that a law *167 was ex post facto when it “changed the quantum of evidence necessary to sustain a conviction ... [such that] under the new law, petitioner could be (and was) convicted on the victim’s testimony alone, without any corroborating evidence.” Reversing the conviction, the Court ruled that the Texas statute, which changed the law, was “a sufficiency of the evidence rule ... [and] does not merely ‘regulat[e] ... the mode in which the facts constituting guilt may be placed bef

2003In Carmell v. Texas, 529 U.S. 513, 529 , 120 S.Ct. 1620, 1631 , 146 L.Ed.2d 577 (2000), the Supreme Court held that a law *167 was ex post facto when it “changed the quantum of evidence necessary to sustain a conviction ... [such that] under the new law, petitioner could be (and was) convicted on the victim’s testimony alone, without any corroborating evidence.” Reversing the conviction, the Court ruled that the Texas statute, which changed the law, was “a sufficiency of the evidence rule ... [and] does not merely ‘regulat[e] ... the mode in which the facts constituting guilt may be placed bef

2004A. Standard of Review When reviewing a sufficiency of the evidence claim on appeal, the function of this Court is to evaluate whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Kelly v. Commonwealth, 41 Va.App. 250, 257 , 584 S.E.2d 444, 447 (2003) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979)) (emphasis added).

2004A. Standard of Review When reviewing a sufficiency of the evidence claim on appeal, the function of this Court is to evaluate whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Kelly v. Commonwealth, 41 Va.App. 250, 257 , 584 S.E.2d 444, 447 (2003) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979)) (emphasis added).

2010In other words, he made a mistake of fact regarding the identity of the man in the parking lot, confusing Sydnor with his cousin, C.S. 12 “When reviewing a sufficiency of the evidence claim on appeal, the function of this Court is to evaluate whether ‘any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” Williams v. Commonwealth, 42 Va.App. 723, 734 , 594 S.E.2d 305, 311 (2004) (quoting Kelly v. Commonwealth, 41 Va.App. 250, 257 , 584 *371 S.E.2d 444, 447 (2008) (en banc)).

2004A. Standard of Review When reviewing a sufficiency of the evidence claim on appeal, the function of this Court is to evaluate whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Kelly v. Commonwealth, 41 Va.App. 250, 257 , 584 S.E.2d 444, 447 (2003) (quoting Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979)) (emphasis added).

2026“When the sufficiency of the evidence is challenged on appeal, we review the evidence ‘in the light most favorable to the [government], granting to it all reasonable inferences fairly deducible therefrom.’” Settle, 55 Va. App. at 215 (quoting Emerson v. Commonwealth, 43 Va. App. 263, 276 (2004)).

2025The evidence must be sufficient to prove the essential elements of the crime charged.2 In re Winship, 397 U.S. 358, 364 (1970) (holding that “the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.” (emphasis added)).

2024Moving to the sufficiency of the evidence analysis, this Court gives deference to the trier of fact’s finding of witnesses’ credibility and “will not seek to pass upon the credibility of the witnesses where their evidence is not inherently incredible.” See Gerald v. Commonwealth, 295 Va. 469, 486 (2018).

2024As such, these cases are of little value in determining the meaning of “without authority.” See Jones v. Commonwealth, 293 Va. 29, 50 (2017) (“[S]tare decisis does not ‘foreclose inquiry’ into an issue not previously ‘raised, discussed, or decided.’” (quoting Chesapeake Hosp.

2024See Lotz v. Commonwealth, 277 Va. 345, 350 (2009) (applying a sufficiency of the evidence standard to a sexually violent predator appeal). “[W]e will not disturb the factual findings of the trial court unless plainly wrong or unsupported by the evidence.” Commonwealth v. Jackson, 276 Va. 184, 192 (2008) (alteration in original) (quoting Robinson v. Commonwealth, 273 Va. 26, 39 (2007)).

2024See Lotz v. Commonwealth, 277 Va. 345, 350 (2009) (applying a sufficiency of the evidence standard to a sexually violent predator appeal). “[W]e will not disturb the factual findings of the trial court unless plainly wrong or unsupported by the evidence.” Commonwealth v. Jackson, 276 Va. 184, 192 (2008) (alteration in original) (quoting Robinson v. Commonwealth, 273 Va. 26, 39 (2007)).

2024See Lotz v. Commonwealth, 277 Va. 345, 350 (2009) (applying a sufficiency of the evidence standard to a sexually violent predator appeal). “[W]e will not disturb the factual findings of the trial court unless plainly wrong or unsupported by the evidence.” Commonwealth v. Jackson, 276 Va. 184, 192 (2008) (alteration in original) (quoting Robinson v. Commonwealth, 273 Va. 26, 39 (2007)).