Eckard v. Commonwealth

Syllabus

08/01/2024 In an appeal from the Court of Appeals' affirmance of a conviction on 12 counts of possession of child pornography in violation of Code § 18.2-374.1:1(A)-(B), review is limited to the issue whether the circuit court erred by denying the defendant's motion to set aside the jury verdict for alleged juror misconduct. In this case, the inadequacy of the appellate record, coupled with defendant's unsubstantiated arguments in the trial court and on appeal, fully support the opinion of the Court of Appeals that the trial court did not abuse its discretion by denying the motion to set aside the verdict without an evidentiary hearing. Here, reasonable jurists could agree to disagree on whether the motion and exhibits warranted an evidentiary hearing — a trial court could with great care and caution exercise its sound discretion to hold (or not hold) such a hearing in this case. The judgment is affirmed.