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
Warren v. Commonwealth (ORDER)
Date: March 14, 2024
Docket Number: 230248
United Services Automobile Association v. Estep (ORDER)
Date: March 14, 2024
Docket Number: 230323
Commonwealth v. Smith
Date: February 29, 2024
Docket Number: 220382
McCants v. CD & PB Enterprises, LLC  
Date: February 15, 2024
Docket Number: 230115

Justia Opinion Summary: In Virginia, Bryant McCants arranged for his 1970 Ford Mustang Mach 1 to be repaired at a shop operated by CD & PB Enterprises, LLC, doing business as Maaco Collision Repair & Auto Painting. The repair shop was managed…

Sample v. Commonwealth  
Date: February 8, 2024
Docket Number: 220445

Justia Opinion Summary: The Supreme Court of Virginia reviewed the case of Dwayne Lamont Sample, Jr., who was convicted of attempted robbery. Sample challenged his conviction, arguing that the trial court erred in denying his motion to suppress…

Fary v. Commonwealth (ORDER)
Date: January 18, 2024
Docket Number: 230344
Vlaming v. West Point School Board  
Date: December 14, 2023
Docket Number: 211061

Justia Opinion Summary: In this case, the Virginia Supreme Court ruled in favor of Peter Vlaming, a high school French teacher who was terminated by the West Point School Board for refusing to use a transgender student's preferred pronouns.…

Schmuhl v. Clarke  
Date: December 14, 2023
Docket Number: 211114

Justia Opinion Summary: In this case, Andrew Schmuhl ("Schmuhl") appealed the denial of his petition for a writ of habeas corpus. At his trial, Schmuhl had claimed he was involuntarily intoxicated due to prescription medications at the time of…

Commonwealth v. Delaune  
Date: December 14, 2023
Docket Number: 230127

Justia Opinion Summary: In this case, the Supreme Court of Virginia was asked to interpret Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a suspended sentence. The…

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…

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.

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