Pryor v. Commonwealth, 276 Va. 312

Summary

The Supreme Court of Virginia held that the trial court erred by allowing the jury to consider a videotape of a drug transaction for which the evidence had been stricken, even if the recording was arguably relevant to the charged transaction. The court concluded that the recording's probative value was greatly outweighed by its prejudicial effect under the rules governing other-crimes evidence. The judgment was reversed and the case was remanded for a new trial if the Commonwealth elected to proceed.

Holdings

1. Sustaining a motion to strike a criminal charge eliminates all evidence submitted on that offense from the jury's consideration for that offense; however, the court still had to determine separately whether the July recording was admissible on the June charge.
2. Assuming without deciding that the July transaction recording was relevant to the June offense, its probative value was greatly outweighed by its prejudicial effect and it was inadmissible.

Questions Presented

1. Whether a videotaped recording of a separate drug transaction could be considered by the jury on the June distribution charge after the trial court struck the July distribution charge.
2. Whether, assuming the July recording was relevant to the June charge, its probative value outweighed its prejudicial effect under Virginia's other-crimes evidence doctrine.

Disposition

reversed_and_remanded