190
Stevens, J., dissenting
But the plurality's entirely unsupported assertion that an entry of judgment is more "certain" than a verdict is just flat wrong.
The sole basis for the plurality's conclusion that the Domino's Pizza verdict is uncertain is the possibility that it could be set aside under Rule 3A:15(b). But under that Rule, a guilty verdict may be set aside even after judgment has been entered. See n. 9, supra. The plurality has cited not a single case suggesting that the standard for setting aside a verdict under Rule 3A:15(b) varies depending on whether or not judgment has been entered. Accordingly, a verdict that is susceptible to being set aside under Rule 3A:15(b) is no more or less certain simply because judgment has been entered on that verdict; whatever the degree of uncertainty is, it is identical in both cases. In short, whether judgment has been entered on the verdict has absolutely no bearing on the verdict's "uncertainty."
The plurality cites 11 Virginia cases to support its argument that Rule 3A:15(b) puts a verdict on shaky ground. Ante, at 174-175. The authorities are less than overwhelming. Only 2 of those 11 cases actually mention Rule 3A:15(b),12 and one of those does so in dicta in a footnote in the unpublished decision of an intermediate state court.13
Four others make passing reference to some sort of post-trial motion that was denied, but do so only in the context of reciting the procedural history of the case under review.14
12 Dowell v. Commonwealth, 12 Va. App. 1145, 408 S. E. 2d 263 (1991); Davis v. Commonwealth, No. 2960-98-2, 2000 WL 135148 (Va. App., Feb. 8, 2000) (unpublished).
13 See id., at *4, n. 1.
14 Floyd v. Commonwealth, 219 Va. 575, 577, 249 S. E. 2d 171, 172 (1978) ("Overruling Floyd's motions to set aside the verdicts . . . , the trial court entered judgments on the verdicts"); Johnson v. Commonwealth, 20 Va. App. 547, 552, 458 S. E. 2d 599, 601 (1995) ("At Johnson's sentencing hearing, defense counsel made a motion to set aside the verdict . . . . The trial judge denied the motion"); Walker v. Commonwealth, 4 Va. App. 286, 291, 356 S. E. 2d 853, 856 (1987) ("After the jury was discharged, defendant
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