Virginia Code

Va. Code Ann. § 8.01-678 (2026)

For what a judgment not to be reversed

✓ current as of May 2026

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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:

1. For the appearance of either party, being under the age of eighteen years, by attorney, if the verdict, where there is one, or the judgment be for him and not to his prejudice; or

2. For any other defect, imperfection, or omission in the record, or for any error committed on the trial.

Code 1950, § 8-487; 1954, c. 333; 1977, c. 617.

Notes of Decisions

Cited in 588 cases (173 in the last 5 years), 1978–2026 · leading case: Lavinder v. Commonwealth, 407 S.E.2d 910 (Va. Ct. App. 1991).

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Lavinder v. Commonwealth, 407 S.E.2d 910 (Va. Ct. App. 1991). · cites it 64× “" Code § 8.01-678 (emphasis added). "[A] fair trial on the merits and substantial justice" are not achieved if an error at trial has affected the verdict.”

Clay v. Commonwealth, 546 S.E.2d 728 (Va. 2001). · cites it 10× “In determining that standard, which is a matter of state law, we are guided by Virginia’s harmless-error statute, Code § 8.01-678. That statute provides, in pertinent part, as follows: When it plainly appears from the record and the evidence given at the trial that the parties…”

Cortez-Hernandez v. Commonwealth, 706 S.E.2d 893 (Va. Ct. App. 2011). · cites it 28× “"Though sometimes thought of as a mere waiver principle, the proffer requirement serves the higher purpose of safeguarding our duty under *899 Code § 8.01-678 [3] to reverse only when the trial court error actually prejudiced the defense.”

Gonzales v. Commonwealth, 611 S.E.2d 616 (Va. Ct. App. 2005). · cites it 16× “The standard for non-constitutional error is established in Virginia's harmless error statute, 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…”

Darius Oneil Dalton v. Commonwealth of Virginia, 769 S.E.2d 698 (Va. Ct. App. 2015). · cites it 10× “Code § 8.01-678, Virginia’s harmless error statute, provides that 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 .”

Glenn v. Commonwealth, 633 S.E.2d 205 (Va. Ct. App. 2006). · cites it 30× “2-254, which provides that a defendant who enters a conditional guilty plea "shall be allowed to withdraw his plea" if he "prevails on appeal," or upon the Court's application of harmless error principles under Code § 8.01-678? For the reasons that follow, we hold that an…”

Braulio M. Castillo v. Loudoun Cnty. Dep't of Fam. Servs., 811 S.E.2d 835 (Va. Ct. App. 2018). · cites it 4× “DFS introduced the notes as evidence that appellant violated the protective order.”

Hodges v. Com., 634 S.E.2d 680 (Va. 2006). · cites it 10× “Accordingly, the Court of Appeals erred in affirming the trial court's admission of Missy's testimony.”

Commonwealth v. Proffitt, 792 S.E.2d 3 (Va. 2016). · cites it 4× “Code § 8.01-678, Virginia's harmless error statute, provides that [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, no judgment shall be arrested or…”

Cairns v. Commonwealth, 579 S.E.2d 340 (Va. Ct. App. 2003). · cites it 12× “2d 14, 24 (1992) (citing Code § 8.01-678; Lavinder v. Commonwealth, 12 Va.”

George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth, 626 S.E.2d 912 (Va. Ct. App. 2006). · cites it 6× “2d 675 (1990) (citing Code § 8.01-678 for the proposition that “harmless-error review is required in all cases”).”

Justo Mazariegos Campos v. Commonwealth of Virginia, 800 S.E.2d 174 (Va. Ct. App. 2017). · cites it 4× “2d at 911 (quoting Code § 8.01-678). “In a criminal case, it is implicit that, in order to determine whether there has been ‘a fair trial on the merits’ and whether ‘substantial justice has been reached,’ a reviewing court must decide whether the alleged error substantially…”

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— Va. Code Ann. § 8.01-678(2) — 10 cases

Ford Motor Co. v. Phelps, 389 S.E.2d 454 (Va. 1990).

Marquis Durrell Jennings v. Commonwealth of Virginia, 779 S.E.2d 864 (Va. Ct. App. 2015).

Terrence D'Juan Blackwell v. Commonwealth of Virginia (Va. Ct. App. 2021).

Horacio Eugenio Sobol v. Christine Marie Sobol (Va. Ct. App. 2022).

John Tucker Hardee v. Commonwealth of Virginia (Va. Ct. App. 2025).

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