Supreme Court of Virginia Decisions

The appellate jurisdiction of the Virginia Supreme Court is largely discretionary. A party may appeal from a lower court to the Supreme Court as a matter of right only if a case involves the death penalty, the disbarment of an attorney, or the State Corporation Commission. In addition to its appellate jurisdiction, the Supreme Court holds original jurisdiction over writs of mandamus, prohibition, habeas corpus, and actual innocence. Its original jurisdiction also extends to matters related to the discipline, removal, or retirement of judges, which are filed by the Virginia Judicial Inquiry and Review Commission.

Seven justices serve on the Virginia Supreme Court, which is located in Richmond. A candidate may submit a pre-appointment application to the Governor of Virginia, or an organization may nominate a candidate. Virginia uses the legislative selection method to appoint its justices. In most cases, therefore, a justice will announce that they plan to retire after the next meeting of the General Assembly. If a vacancy arises without notice while the legislature is not in session, the Governor has the authority to appoint a temporary replacement. The General Assembly then will need to determine whether to grant a full term to that justice when it next meets.

Each justice serves a term of 12 years. When their term expires, the General Assembly will determine whether to retain them. Virginia imposes a mandatory retirement age of 70 on its justices. However, the Supreme Court may allow up to five retired justices to serve one-year terms as senior justices. They may assist with reviewing writs and may review other cases if an active justice is not available, such as when they are recused.

Browse Opinions From the Supreme Court of Virginia
Recent Decisions From the Supreme Court of Virginia
Verizon Virginia LLC v. SCC  
Date: November 30, 2023
 Docket Number: 230400

Justia Opinion Summary: The Supreme Court affirmed the judgment of the State Corporation Commission dismissing Verizon Virginia LLC's petition for a declaratory judgment for lack of subject matter jurisdiction, holding that the Commission…

Commonwealth v. Puckett  
Date: November 22, 2023
 Docket Number: 220596

Justia Opinion Summary: The Supreme Court reversed the opinion of the court of appeals reversing Defendant's sentence for malicious wounding, holding that the court of appeals erred by reversing the trial court's restitution order as violative…

McKeithen v. City of Richmond  
Date: October 19, 2023
 Docket Number: 210389

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court in this real property dispute, holding that the escheat provision of Va. Code 58.1-3967, as applied to the factual circumstances of this case, violated Va.…

Moison v. Commonwealth  
Date: October 19, 2023
 Docket Number: 220536

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's convictions of three counts of aggravated sexual battery by a parent under Va. Code 18.2-67.3 and four counts of taking indecent…

Commonwealth v. McBride  
Date: October 19, 2023
 Docket Number: 220715

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing Defendant's conviction, after a jury trial, of possession of cocaine with the intent to distribute, third or subsequent offense, and possession of…

Anderson v. Clarke  
Date: October 12, 2023
 Docket Number: 230172

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition for a writ of habeas corpus claiming that the Virginia Department of Corrections (VDOC) failed timely to release him from prison…

Monroe v. Monroe  
Date: July 20, 2023
 Docket Number: 211071

Justia Opinion Summary: The Supreme Court vacated the sanctions order entered by the trial court against Joseph Monroe for pursuing a shareholder-derivative suit against his wife, Lisa Monroe, the majority shareholder of a closely held…

Prease v. Clarke  
Date: July 6, 2023
 Docket Number: 220665

Justia Opinion Summary: The Supreme Court granted Petitioner's petition seeking a writ of habeas corpus and issued the writ directed to the Director of the Virginia Department of Corrections ordering that Petitioner be released from custody,…

Tomlin v. Commonwealth  
Date: June 29, 2023
 Docket Number: 220223

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction of abuse or neglect of an incapacitated adult causing serious injury, holding that the trial court, sitting as fact-finder,…

City of Hampton v. Williamson
Date: June 8, 2023
 Docket Number: 210988
Walker v. Commonwealth  
Date: June 1, 2023
 Docket Number: 220378

Justia Opinion Summary: In this criminal case, the Supreme Court held that the Due Process Clause of the United States Constitution does not require a court to pre-screen eyewitness identification testimony before the eyewitness can be…

Gloss v. Wheeler  
Date: May 18, 2023
 Docket Number: 210779

Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court ruling that Defendants, five members of the Prince William County Board of Supervisors, knowingly and willfully violated the Virginia Freedom of Information…

Oreze Healthcare v. Eastern Shore Community Services Bd.  
Date: May 4, 2023
 Docket Number: 220072

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court entering summary judgment favor of Eastern Shore Community Services Board (ESCSB) and holding that Oreze Healthcare LLC's conveyance of real property to a third…

Brown v. Virginia State Bar
Date: May 4, 2023
 Docket Number: 220643
Suffolk City School Bd. v. Wahlstrom  
Date: April 27, 2023
 Docket Number: 220116

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court concluding that the Virginia Freedom of Information Act (VFOIA), Va. Code 2.2-3700 et seq., requires that public bodies permit members of the public to be…

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.