Gardner v. CommonwealthAnnotate this Case
Defendant was found guilty of two counts of aggravated sexual battery and one count of object sexual penetration for events alleged to have taken place during sleepovers at his home. Defendant appealed, arguing that the circuit court abused its discretion in refusing to permit him to elicit evidence of his good character through two witnesses. The Court of Appeals denied Defendant’s petition for appeal. The Supreme Court reversed the Court of Appeals and vacated the convictions, holding that the circuit court erred by sustaining the Commonwealth’s objection to Defendant’s question seeking admissible character evidence, and the error was not harmless. Remanded.