host factors in Virginia

2025Haas v. Commonwealth, 299 Va. 465 , 467 (2021) (quoting Commonwealth v. Proffitt, 292 Va. 626, 642 (2016)) (considering non-constitutional error); see Maynard v. Commonwealth, 11 Va. App. 437, 448 (1990) (en - 13 - banc) (assuming that a constitutional error had the most damaging effect possible). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] o

2024“The proper inquiry for constitutional harmless error is ‘whether the [factfinder] would have returned the same verdict absent the error.’” Commonwealth v. White, 293 Va. 411, 421-22 (2017) (alteration in original) (quoting Washington v. Recuenco, 548 U.S. 212, 221 (2006)). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the . . . case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points . . . and . .

2022The Court can consider “a host of factors, including the importance of the tainted evidence in the prosecution’s case, whether that evidence was cumulative, the presence or absence of evidence corroborating or contradicting the tainted evidence on material points, and the overall strength of the prosecution’s case.” Lilly, 258 Va. at 551 .

2011“In making that determination, the reviewing court is to consider a host of factors, including the importance of the tainted evidence in the prosecution’s case, whether that evidence was cumulative, the presence or absence of evidence corroborating or contradicting the tainted evidence on material points, and the overall strength of the prosecution’s case.” Id. (quoting Lilly v. Commonwealth, 258 Va. 548, 551 , 523 S.E.2d 208, 209 (1999)).

2026“The proper inquiry for constitutional harmless error is ‘whether the [jury] would have returned the same verdict absent the error.’” White, 293 Va. at 421 -22 (quoting Washington v. Recuenco, 548 U.S. 212, 221 (2006)). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points . . . and . . . the overall strength of the prosecution’s cas

2025Haas v. Commonwealth, 299 Va. 465 , 467 (2021) (quoting Commonwealth v. Proffitt, 292 Va. 626, 642 (2016)) (considering non-constitutional error); see Maynard v. Commonwealth, 11 Va. App. 437, 448 (1990) (en - 13 - banc) (assuming that a constitutional error had the most damaging effect possible). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] o

2026“The proper inquiry for constitutional harmless error is ‘whether the [jury] would have returned the same verdict absent the error.’” White, 293 Va. at 421 -22 (quoting Washington v. Recuenco, 548 U.S. 212, 221 (2006)). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points . . . and . . . the overall strength of the prosecution’s cas

2024“The proper inquiry for constitutional harmless error is ‘whether the [factfinder] would have returned the same verdict absent the error.’” Commonwealth v. White, 293 Va. 411, 421-22 (2017) (alteration in original) (quoting Washington v. Recuenco, 548 U.S. 212, 221 (2006)). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the . . . case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points . . . and . .

2014See Delaware v. Van Arsdall, 475 U.S. 678 , 674, 106 S.Ct. 1431, 1432-33 , 89 L.Ed.2d 674 (1986) (explaining that the question of whether an error “is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts,” including whether the testimony that should not have been admitted “was cumulative” of other evidence before the factfinder); see also, e.g., Sargent v. Commonwealth, 5 Va. App. 143, 154 , 360 S.E.2d 895, 903 (1987).

2014See Delaware v. Van Arsdall, 475 U.S. 678 , 674, 106 S.Ct. 1431, 1432-33 , 89 L.Ed.2d 674 (1986) (explaining that the question of whether an error “is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts,” including whether the testimony that should not have been admitted “was cumulative” of other evidence before the factfinder); see also, e.g., Sargent v. Commonwealth, 5 Va. App. 143, 154 , 360 S.E.2d 895, 903 (1987).

2026“The proper inquiry for constitutional harmless error is ‘whether the [jury] would have returned the same verdict absent the error.’” White, 293 Va. at 421 -22 (quoting Washington v. Recuenco, 548 U.S. 212, 221 (2006)). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points . . . and . . . the overall strength of the prosecution’s cas

2024“The proper inquiry for constitutional harmless error is ‘whether the [factfinder] would have returned the same verdict absent the error.’” Commonwealth v. White, 293 Va. 411, 421-22 (2017) (alteration in original) (quoting Washington v. Recuenco, 548 U.S. 212, 221 (2006)). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the . . . case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points . . . and . .

2025Haas v. Commonwealth, 299 Va. 465 , 467 (2021) (quoting Commonwealth v. Proffitt, 292 Va. 626, 642 (2016)) (considering non-constitutional error); see Maynard v. Commonwealth, 11 Va. App. 437, 448 (1990) (en - 13 - banc) (assuming that a constitutional error had the most damaging effect possible). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] o

2024Haas v. Commonwealth, 299 Va. 465 , 467 (2021) (quoting Commonwealth v. Proffitt, 292 Va. 626, 642 (2016)) (considering non-constitutional error); see Maynard v. Commonwealth, 11 Va. App. 437, 448 (1990) (en banc) (assuming that a constitutional error had the most damaging effect possible). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on mater

2011Whether the error was harmless requires consideration of a host of factors including “‘the importance of the witness’ testimony in the prosecution’s case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution’s case.’” Dearing v. Commonwealth, 260 Va. 671, 673 , 536 S.E.2d 903, 904 (2000) (quoting Van Arsdall, 475 U.S. at 684 , 106 S.Ct. at 1438 ).

2011Whether the error was harmless requires consideration of a host of factors including “‘the importance of the witness’ testimony in the prosecution’s case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution’s case.’” Dearing v. Commonwealth, 260 Va. 671, 673 , 536 S.E.2d 903, 904 (2000) (quoting Van Arsdall, 475 U.S. at 684 , 106 S.Ct. at 1438 ).

2025Haas v. Commonwealth, 299 Va. 465 , 467 (2021) (quoting Commonwealth v. Proffitt, 292 Va. 626, 642 (2016)) (considering non-constitutional error); see Maynard v. Commonwealth, 11 Va. App. 437, 448 (1990) (en - 13 - banc) (assuming that a constitutional error had the most damaging effect possible). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] o

2024Haas v. Commonwealth, 299 Va. 465 , 467 (2021) (quoting Commonwealth v. Proffitt, 292 Va. 626, 642 (2016)) (considering non-constitutional error); see Maynard v. Commonwealth, 11 Va. App. 437, 448 (1990) (en banc) (assuming that a constitutional error had the most damaging effect possible). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on mater

2025Rather, we must determine whether it is “‘clear beyond a reasonable doubt that a rational [factfinder] would have found the defendant guilty absent the error.’” Id. at 422 (quoting Neder v. United States, 527 U.S. 1, 18 (1999)). 1 In making that determination, the reviewing court is to consider a host of factors, including the importance of the tainted evidence in the prosecution’s case, whether that evidence was cumulative, the presence or absence of evidence corroborating or contradicting the tainted evidence on material points, and the overall strength of the prosecution’s case.

2024Neder v. United States, 527 U.S. 1, 17 (1999). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points” and “the overall strength of the prosecution’s case.” Crawford v. Commonwealth, 281 Va. 84, 101 (2011) (all but first alteration in original) (quoting Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986)).

2007Courts must also consider “‘a host of factors,’” id. (quoting United States v. Streijel, 781 F.2d 953, 961 (1st Cir. 1986)), when determining whether a suspect was “in custody” for Miranda and Edwards purposes.

2005To determine whether a restraint is “custodial” for Miranda purposes, “a host of factors must be considered.” United States v. Streijel, 781 F.2d 953, 961 (1st Cir. 1986).

2006Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986); see also Harrington v. California, 395 U.S. 250, 254 (1969); Schneble v. Florida, 405 U.S. 427, 432 (1972) (erroneously admitted evidence harmless where it was merely cumulative of other overwhelming evidence of guilt).

2000Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986); see also Harrington v. California, 395 U.S. 250, 254 (1969); Schneble v. Florida, 405 U.S. 427, 432 (1972) (erroneously admitted evidence harmless where it was merely cumulative of other overwhelming evidence of guilt). - 8 - Lilly v. Commonwealth, 258 Va. 548, 551 , 523 S.E.2d 208, 209 (1999).

2006Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986); see also Harrington v. California, 395 U.S. 250, 254 (1969); Schneble v. Florida, 405 U.S. 427, 432 (1972) (erroneously admitted evidence harmless where it was merely cumulative of other overwhelming evidence of guilt).

2000Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986); see also Harrington v. California, 395 U.S. 250, 254 (1969); Schneble v. Florida, 405 U.S. 427, 432 (1972) (erroneously admitted evidence harmless where it was merely cumulative of other overwhelming evidence of guilt). - 8 - Lilly v. Commonwealth, 258 Va. 548, 551 , 523 S.E.2d 208, 209 (1999).

2018Clay 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)). 3 Although we are generally precluded from accepting concessions of law made on appeal, see Copeland v. Commonwealth, 52 Va. App. 529, 531-32 , 664 S.E.2d 528, 529 (2008), we note the Commonwealth conceded the circuit court erred by admitting these statements. -6- Whether . . . an error is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts.

2018Clay 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)). 3 Although we are generally precluded from accepting concessions of law made on appeal, see Copeland v. Commonwealth, 52 Va. App. 529, 531-32 , 664 S.E.2d 528, 529 (2008), we note the Commonwealth conceded the circuit court erred by admitting these statements. -6- Whether . . . an error is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts.

2014Hall v. Commonwealth, 32 Va. App. 616, 627-28 , 529 S.E.2d 829, 835 (2000) (en banc).

2014Hall v. Commonwealth, 32 Va. App. 616, 627-28 , 529 S.E.2d 829, 835 (2000) (en banc).

2009As rape was the only crime with which appellant was charged that was specifically described and alleged by Mrs. Crawford in the affidavit, this document would have had more impact on the jury’s decision to convict appellant of rape than on the decision to convict him of the other charges. 28 See Lilly v. Commonwealth, 258 Va. 548, 551 , 523 S.E.2d 208, 209 (1999) (“In making that determination [of harmless error beyond a reasonable doubt], the reviewing court must consider a host of factors, including the importance of the tainted evidence in the prosecution’s case----”); Young v. Commonwealth

2009As rape was the only crime with which appellant was charged that was specifically described and alleged by Mrs. Crawford in the affidavit, this document would have had more impact on the jury’s decision to convict appellant of rape than on the decision to convict him of the other charges. 28 See Lilly v. Commonwealth, 258 Va. 548, 551 , 523 S.E.2d 208, 209 (1999) (“In making that determination [of harmless error beyond a reasonable doubt], the reviewing court must consider a host of factors, including the importance of the tainted evidence in the prosecution’s case----”); Young v. Commonwealth

2009As rape was the only crime with which appellant was charged that was specifically described and alleged by Mrs. Crawford in the affidavit, this document would have had more impact on the jury’s decision to convict appellant of rape than on the decision to convict him of the other charges. 28 See Lilly v. Commonwealth, 258 Va. 548, 551 , 523 S.E.2d 208, 209 (1999) (“In making that determination [of harmless error beyond a reasonable doubt], the reviewing court must consider a host of factors, including the importance of the tainted evidence in the prosecution’s case----”); Young v. Commonwealth

2009As rape was the only crime with which appellant was charged that was specifically described and alleged by Mrs. Crawford in the affidavit, this document would have had more impact on the jury’s decision to convict appellant of rape than on the decision to convict him of the other charges. 28 See Lilly v. Commonwealth, 258 Va. 548, 551 , 523 S.E.2d 208, 209 (1999) (“In making that determination [of harmless error beyond a reasonable doubt], the reviewing court must consider a host of factors, including the importance of the tainted evidence in the prosecution’s case----”); Young v. Commonwealth

2006In Lilly v. Commonwealth, 258 Va. 548 , 551, 523 S.E.2d 208 , 209 (1999), we quoted from Chapman v. California, 386 U.S. 18 , 24, 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), as follows: "`[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.'" We further stated the following: In making that determination, the reviewing court is to consider a host of factors, including the importance of the tainted evidence in the prosecution's case, whether that evidence was cumulative, the presence or absence of evide

2006In Lilly v. Commonwealth, 258 Va. 548 , 551, 523 S.E.2d 208 , 209 (1999), we quoted from Chapman v. California, 386 U.S. 18 , 24, 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), as follows: "`[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.'" We further stated the following: In making that determination, the reviewing court is to consider a host of factors, including the importance of the tainted evidence in the prosecution's case, whether that evidence was cumulative, the presence or absence of evide

2011These factors include the importance of the [tainted evidence] in the prosecution's case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points . . . *118 and, of course, the overall strength of the prosecution's case." Id.; Cypress v. Commonwealth, 280 Va. 305 , 318-19, 699 S.E.2d 206, 213-14 (2010).

2011“In making that determination, the reviewing court is to consider a host of factors, including the importance of the tainted evidence in the prosecution’s case, whether that evidence was cumulative, the presence or absence of evidence corroborating or contradicting the tainted evidence on material points, and the overall strength of the prosecution’s case.” Id. (quoting Lilly v. Commonwealth, 258 Va. 548, 551 , 523 S.E.2d 208, 209 (1999)).

1998Wass v. Commonwealth, 5 Va. App. 27 (1987).

1995Among the factors that must be considered are whether a suspect is questioned in familiar or neutral surroundings, the number of police present, the degree of physical restraint, and the duration and character of the interrogation [citation omitted], “the language used by the officer to summon the individual, the extent to which he or she is confronted with evidence of guilt, the physical surroundings of the interrogation, the duration of the detention, and the degree of pressure applied to detain the individual.” [Citation omitted.] Wass, supra, at 32, 33 . hi the instant case, the Court must

2026Other factors relevant to harmless error analysis include “[t]he use to which the prosecution puts the postarrest silence,” “[w]ho elected to pursue the line of questioning,” “[t]he intensity and frequency of the reference,” and whether the trial court provided “curative instructions.” Williams v. Zahradnick, 632 F.2d 353, 361-62 (4th Cir. 1980).

2024We have held that a statement obtained in violation of Miranda and admitted at trial may be harmless if it “is merely ‘cumulative’ of other, undisputed evidence.” Schwartz v. Schwartz, 46 Va. App. 145, 160 (2005) (quoting Brecht v. Abrahamson, 507 U.S. 619, 639 (1993)).

2024We have held that a statement obtained in violation of Miranda and admitted at trial may be harmless if it “is merely ‘cumulative’ of other, undisputed evidence.” Schwartz v. Schwartz, 46 Va. App. 145, 160 (2005) (quoting Brecht v. Abrahamson, 507 U.S. 619, 639 (1993)).

2024The ends of justice exception does not apply in this case because Brown’s argument fails to demonstrate how Myres’ out-of-court identification “had an effect upon the outcome of the case.” Brown, 8 Va. App. at 131 ; accord United States v. Olano, 507 U.S. 725, 734 (1993). - 12 - Furthermore, Brown did not object at trial when Myres identified Brown as the suspect depicted in the photo Wright showed Myres at the hospital; Brown also failed to object when Myres confirmed that she had repeatedly identified Brown when shown the same photo multiple times after the shooting occurred.

2023“The proper inquiry for constitutional harmless error is ‘whether the [jury] would have returned the same verdict absent the error.’” White, 293 Va. at 421 -22 (quoting Washington v. Recuenco, 548 U.S. 212, 221 (2006)). “[W]hether such an error is harmless in a particular case depends upon a host of factors,” including the “importance of the [tainted evidence] in the prosecution’s case, whether [that evidence] was cumulative, the presence or absence of evidence corroborating or contradicting the [tainted evidence] on material points . . . [and] the overall strength of the prosecution’s case.”

2018Clay 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)). 3 Although we are generally precluded from accepting concessions of law made on appeal, see Copeland v. Commonwealth, 52 Va. App. 529, 531-32 , 664 S.E.2d 528, 529 (2008), we note the Commonwealth conceded the circuit court erred by admitting these statements. -6- Whether . . . an error is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts.

2018Clay 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)). 3 Although we are generally precluded from accepting concessions of law made on appeal, see Copeland v. Commonwealth, 52 Va. App. 529, 531-32 , 664 S.E.2d 528, 529 (2008), we note the Commonwealth conceded the circuit court erred by admitting these statements. -6- Whether . . . an error is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts.

2018Clay 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)). 3 Although we are generally precluded from accepting concessions of law made on appeal, see Copeland v. Commonwealth, 52 Va. App. 529, 531-32 , 664 S.E.2d 528, 529 (2008), we note the Commonwealth conceded the circuit court erred by admitting these statements. -6- Whether . . . an error is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts.