Virginia's Judicial System


Appeals Granted


Case

MICHAEL ARMIN GARDNER v. COMMONWEALTH OF VIRGINIA
(Record Number 131166)

From

The Court of Appeals of Virginia

Counsel

Peter D. Greenspun, Jonathan Shapiro, and Mikhail N. Lopez (Greenspun Shapiro PC) for Appellant.

James E. Plowman, Nicole M. Wittmann, and Alejandra R. Amato (Office of the Commonwealth's Attorney) for Appellee.

Assignment of Error

  1. The Court of Appeals erred by finding joinder was appropriate under Rule 3A:10(c) despite the nonexistence of a common plan or scheme.
  2. The Court of Appeals erred by upholding admission of Dr. Perlin's testimony, despite his reliance on evidence beyond that admitted at trial, and by not finding the Commonwealth failed to establish chain of custody for those materials.
  3. The Court of Appeals erred by holding it was not error to exclude Gardner's character evidence on the trait of being sexually assaultive.
  4. The Court of Appeals erred by finding that Angela Garcia's and Daniel Rice's testimony regarding third-party actions was not improper victim testimony.
  5. The Court of Appeals erred by holding that the trial court did not intrude on the jury's deliberations, requiring a partial verdict to be returned and declaring a mistrial, thereby depriving Mr. Gardner of his right to have one jury decide his case.

Date Granted

  01-22-2014