Supreme Court of Virginia

Gardner v. Commonwealth

June 5, 2014

Summary

The Supreme Court of Virginia reversed the Court of Appeals and vacated Gardner's convictions, holding that the trial court erred in excluding his character evidence that he was a good caretaker of children and that the error was not harmless. The Court also noted that the issue of joinder of offenses is left for further consideration on remand.

Holding

  • Whether the circuit court erred in excluding Gardner’s character evidence regarding his reputation as a good caretaker of children and whether the error was harmless. The circuit court erred in excluding the character evidence, and the error was not harmless; therefore the convictions are reversed and vacated.

Docket 131166

Cited authorities

  • Va. R. Evid. 2
  • Va. R. Evid. 2
  • Va. R. Evid. 2
  • Va. R. Evid. 2