Supreme Court of Virginia Decisions 2013

Commonwealth v. Peterson  
Date: October 31, 2013
Docket Number: 121717

Justia Opinion Summary: After the mass shooting at Virginia Polytechnic Institute and State University in 2007, the administrators of the estates of two of the victims of the shooting filed wrongful death suits against the Commonwealth, claimin...

Cashion v. Smith  
Date: October 31, 2013
Docket Number: 121797

Justia Opinion Summary: Dr. Smith, a trauma surgeon, and Dr. Cashion, an anesthesiologist, provided emergency care to a critically injured patient. After the patient died during the surgery, Smith, in the presence of other medical personnel, cr...

Virginia Broad. Corp. v. Commonwealth  
Date: October 31, 2013
Docket Number: 122013

Justia Opinion Summary: George Huguely was convicted in 2012 of murdering his former girlfriend. Huguely's trial received extensive publicity. Virginia Broadcasting Corporation (VBC), the owner of a television station, filed a request to have a...

Amin v. County of Henrico  
Date: October 31, 2013
Docket Number: 122035

Justia Opinion Summary: Appellant was convicted of carrying a concealed weapon in violation of "Henrico County Ordinance 22-2 incorporating Virginia Code Section 18.2-308." Appellant appealed, arguing that the trial court erred in denying his m...

Burkeen v. Commonwealth  
Date: October 31, 2013
Docket Number: 122178

Justia Opinion Summary: Appellant was convicted of malicious wounding. Appellant appealed, challenging the sufficiency of the evidence to sustain his conviction. The court of appeals affirmed, finding that the evidence was sufficient to prove i...

Old Dominion Boat Club v. Alexandria City Council  
Date: October 31, 2013
Docket Number: 130062

Justia Opinion Summary: The City of Alexandria and the City Council (collectively, the City) granted a special use permit and license to 106 Union Dublin, LLC and 106 Union Ireland, LLC (collectively, the Union parties) allowing the Union parti...

Rhoten v. Commonwealth  
Date: October 31, 2013
Docket Number: 130456

Justia Opinion Summary: In 1989, Appellant was convicted of aggravated sexual battery and attempting to commit forcible sodomy. In 2005, Appellant was found not to be a sexually violent predator pursuant to the Civil Commitment of Sexually Viol...

Elizabeth River Crossings OpCo, LLC v. Meeks  
Date: October 31, 2013
Docket Numbers: 130954, 130955

Justia Opinion Summary: At issue in this case was a Project that provided for the design and construction of a new Midtown Tunnel. The Commonwealth Transportation Board affirmed the Project and specifically approved and ratified the imposition...

VDOT v. Meeks
Date: October 31, 2013
Docket Number: 130955
Clifton v. Wilkinson  
Date: September 12, 2013
Docket Number: 121232

Justia Opinion Summary: In 1957, special commissioners, appointed in a partition suit, conveyed to Wilkinson an 18.35-acre tract adjoining Route 704 in Washington County. In 1961, the State Highway Commissioner instituted condemnation, acquirin...

PKO Ventures, LLC v. Norfolk Redev. & Housing Auth.  
Date: September 12, 2013
Docket Number: 121534

Justia Opinion Summary: In 1998, Norfolk approved the Hampton Boulevard Redevelopment Project created by the Norfolk Redevelopment and Housing Authority pursuant to Code § 36-49, which authorizes such an authority to "adopt a redevelopment plan...

Schuiling v. Harris  
Date: September 12, 2013
Docket Number: 121582

Justia Opinion Summary: In 2007, Schuiling hired Harris as his full-time, live-in housecleaner. Harris signed an arbitration agreement, a one-page, pre-printed form prepared for Schuling’s auto business, stating that disputes “shall be resolve...

Nejati v. Stageberg  
Date: September 12, 2013
Docket Number: 121728

Justia Opinion Summary: In 2005, Angstadt acquired a Fredericksburg parcel, identified on the tax map as a single lot. City records indicated that in 1942 it had been listed as two separate “tax parcels.” In 2008, Angstadt obtained a survey, wh...

Jordan v. Commonwealth  
Date: September 12, 2013
Docket Number: 121835

Justia Opinion Summary: Jordan was charged with carjacking, use of a firearm in the commission of a felony, eluding police, and possession of a firearm by a convicted felon. At trial, Arrowood, who was 13 at the time of the incident, testified...

Assurance Data, Inc. v. Malyevac  
Date: September 12, 2013
Docket Number: 121989

Justia Opinion Summary: Malyevac and ADI entered into an agreement under which Malyevac sold ADI's computer products and services to its customers. The agreement contained noncompete, non-solicitation, non-disclosure, and return of confidential...

Ayers v. Shaffer  
Date: September 12, 2013
Docket Number: 122043

Justia Opinion Summary: Plaintiffs are the estranged great grandchildren of Elsie and legatees to one half of her residuary estate under a will dated 2004 and admitted to probate following Elsie's death in 2010. The defendants are Audrey, Elsie...

Commonwealth v. Leone  
Date: September 12, 2013
Docket Number: 122053

Justia Opinion Summary: Leone was convicted of possession of marijuana with intent to distribute in 1994. Because of that conviction, Leone suffered certain political disabilities. In 2012, Governor McDonnell restored all of Leone's civil right...

Prieto v. Warden  
Date: September 12, 2013
Docket Number: 122054

Justia Opinion Summary: In 2008 Prieto was convicted of a 1988 capital murder in the commission of, or subsequent to, rape, Code § 18.2-31(5); capital murder of more than one person as part of the same act or transaction, Code § 18.2-31(7); rap...

Raley v. Haider  
Date: September 12, 2013
Docket Number: 122069

Justia Opinion Summary: In 2008 and 2009, Dr. Raley was employed by Minimally Invasive Spine Institute, PLLC (MISI), a medical practice owned and managed by Haider. Raley claimed MISI had failed to pay him all the money he earned and filed suit...

Small v. Fed. Nat'l Mortg. Ass'n  
Date: September 12, 2013
Docket Number: 130317

Justia Opinion Summary: The Clerk of the Circuit Court of the City of Fredericksburg, filed a putative class action in the federal district court against the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage...

New Dimensions, Inc. v. Tarquini  
Date: June 6, 2013
Docket Number: 120760

Justia Opinion Summary: Plaintiff was hired by New Dimensions, Inc. (NDI) as a design and sales consultant. Plaintiff was paid a commission of 2.12 percent of her total sales, but other design and sales consultants, both male and female, previo...

Friends of the Rappahannock v. Caroline County Bd. of Supervisors  
Date: June 6, 2013
Docket Number: 120874

Justia Opinion Summary: The Caroline County Board of Supervisors issued a special exception permit that approved the use of land adjacent to the Rappahannock River for a sand and gravel mining operation. Complainants, the Friends of the Rappaha...

Laster v. Russell  
Date: June 6, 2013
Docket Number: 121282

Justia Opinion Summary: After a bench trial, Defendant was found guilty of animate object sexual penetration. Prior to his sentencing, Defendant hired a new attorney, who discovered that the Commonwealth had made a plea offer prior to trial. Th...

Martin v. City of Alexandria  
Date: June 6, 2013
Docket Number: 121526

Justia Opinion Summary: James and Christine Garner sought side and rear yard variances in connection with a proposed single family home on their property. The City Board of Zoning Appeals (BZA) voted to approve the Garners' application and gran...

Martin v. Garner  
Date: June 6, 2013
Docket Number: 121540

Justia Opinion Summary: James and Christine Garner filed an amended complaint seeking a declaration for determination of title to a private alley running between their property and property owned by H. Curtiss Martin and Virginia Drewry (Martin...

Paugh v. Henrico Area Mental Health & Developmental Servs.  
Date: June 6, 2013
Docket Number: 121562

Justia Opinion Summary: Michael Paugh was involuntarily committed after a hearing by a special justice. Paugh appealed. After another hearing, the circuit court found that the involuntary commitment order was valid and denied Paugh's appeal. Pa...

Smith v. Commonwealth  
Date: June 6, 2013
Docket Number: 121579

Justia Opinion Summary: Defendant pleaded guilty to carnal knowledge of a minor. At the time of his conviction, Defendant's crime was classified as a non-violent sex offense. Defendant was required to register annually for ten years, after whic...

Livingston v. Virginia State Bar
Date: June 6, 2013
Docket Number: 122144
Henderson v. Ayres & Hartnett, P.C.  
Date: April 18, 2013
Docket Number: 120463

Justia Opinion Summary: Appellant retained Law Firm as his counsel in two cases filed against Appellant by his brother. The parties settled. Thereafter, the circuit court (1) ordered Appellant to pay $130,000 to his attorney from proceeds depos...

The Doctors Co. v. Women's Healthcare Assocs.  
Date: April 18, 2013
Docket Number: 120702

Justia Opinion Summary: The Doctors Company (TDC), a professional liability insurance company, sought a determination that its coverage of policyholder Women's Healthcare Associates (WHA) did not apply to a pending breach of contract action rel...

The Falls Church v. Protestant Episcopal Church in the U.S.  
Date: April 18, 2013
Docket Number: 120919

Justia Opinion Summary: The parties to this complex dispute were Plaintiffs, the Protestant Episcopal Church in the Diocese of Virginia (the Diocese) and the Protestant Episcopal Church in the United States of America (TEC), and Defendants, sev...

Caperton v. A.T. Massey Coal Co.  
Date: April 18, 2013
Docket Number: 121046

Justia Opinion Summary: For fifteen years, litigation between Hugh Caperton and his companies and Donald Blankenship and his companies involved trips to many courts, including suits in circuit courts in Virginia and West Virginia, proceedings i...

Boone v. Commonwealth  
Date: April 18, 2013
Docket Number: 121144

Justia Opinion Summary: Defendant was indicted upon a charge of knowingly and intentionally possessing or transporting a firearm after having previously been convicted of a violent felony in violation of Va. Code Ann. 18.2-308.2(A). At a jury t...

Commonwealth v. Tuma  
Date: April 18, 2013
Docket Number: 121177

Justia Opinion Summary: After a jury trial, Defendant was convicted of taking indecent liberties with a child, aggravated sexual battery, and animate object penetration. Defendant appealed, contending that the Commonwealth violated Brady v. Mar...

Bd. of Supervisors of Fluvanna County v. Davenport & Co. LLC  
Date: April 18, 2013
Docket Number: 121191

Justia Opinion Summary: The Board of Supervisors of Fluvanna County filed a complaint against Davenport & Company asserting that Davenport, which served as the financial advisor to the Board, knowingly made false representations and used its fi...

Newberry Station Homeowners Ass'n v. Bd. of Supervisors of Fairfax County  
Date: April 18, 2013
Docket Number: 121209

Justia Opinion Summary: A limited liability company (Company) filed an application for a special exception to build a Washington Metropolitan Area Transit Authority (WMATA) bus maintenance facility on a parcel of land in County. A County Board...

Sigmon v. Dir. of Dep't of Corr.  
Date: April 18, 2013
Docket Number: 121216

Justia Opinion Summary: Petitioner was convicted of petit larceny, third or subsequent offense, and breaking and entering with the intent to commit larceny. The court of appeals denied Petitioner's appeal. Petitioner subsequently appealed to th...

Morva v. Warden (ORDER)
Date: April 12, 2013
Docket Number: 102281
Glasser & Glasser, PLC v. Jack Bays, Inc.  
Date: February 28, 2013
Docket Number: 120287

Justia Opinion Summary: Jack Bays, Inc. did site work on the construction of a new church (New Life). Jack Bays contracted with several subcontractors, eleven of which were parties to this action. New Life obtained additional funds for the proj...

Osman v. Osman  
Date: February 28, 2013
Docket Number: 120291

Justia Opinion Summary: Carolyn Osman had three sons, all of whom were the beneficiaries of Carolyn's estate and various trusts. Carolyn died in 2009 as a result of her son Michael's actions. Her cause of death was strangulation and blunt force...

D.R. Horton, Inc. v. Bd. of Supervisors  
Date: February 28, 2013
Docket Number: 120384

Justia Opinion Summary: A real estate developer (Developer), purchased property contained within a proposed sudivision. The County issued to Developer a total of fifty-two building permits, for which Developer paid a proffer fee of $12,000, whi...

Norfolk 102, LLC v. City of Norfolk  
Date: February 28, 2013
Docket Number: 120634

Justia Opinion Summary: In 2009, the City Council revoked a blanket special exception permitting two business establishments (the Establishments) operating in the City to operate as "entertainment establishments" serving alcoholic beverages for...

County of Albemarle v. Camirand  
Date: February 28, 2013
Docket Number: 120711

Justia Opinion Summary: The Albemarle County Board of Supervisors disallowed payment on a portion of retirement benefits promised to several retired Albemarle County employees (collectively, Retirees). The benefits promised under the County's V...

Daily Press, Inc. v. Commonwealth  
Date: February 28, 2013
Docket Number: 120858

Justia Opinion Summary: This appeal concerned an underlying criminal case against Lillian Callender and Michael Stoffa. Following bench trials, Callender and Stoffa were found guilty of felony neglect and second-degree murder. Prior to Callende...

Tharpe v. Saunders  
Date: February 28, 2013
Docket Number: 120985

Justia Opinion Summary: Shearin Construction, Inc., acting through its agent, Jeffrey Tharpe, contracted with the United States government to perform excavation work at Fort Pickett. Shearin subsequently contracted with the Southside Regional S...

Daniels v. Mobley  
Date: February 28, 2013
Docket Number: 121242

Justia Opinion Summary: The Commonwealth's attorney for the City of Portsmouth informed Plaintiff, who hosted Texas Hold 'Em poker games and tournaments, that, to avoid prosecution, Plaintiff must cease and desist "all forms of illegal gambling...

Hunter v. Virginia State Bar
Date: February 28, 2013
Docket Number: 121472
Northam v. Virginia State Bar
Date: February 28, 2013
Docket Number: 121623
Zaug v. Virginia State Bar
Date: February 28, 2013
Docket Number: 121656
Harmon v. Ewing  
Date: February 8, 2013
Docket Number: 121118

Justia Opinion Summary: Adam Ewing submitted a Virginia Freedom of Information Act (VFOIA) request to the James City County Police Department seeking information and records related to Ewing's arresting officer, Ryan Shelton. The Department iss...

Charlottesville Fitness Club Operators Ass'n v. Albemarle County Bd. of Supervisors  
Date: January 10, 2013
Docket Number: 110741

Justia Opinion Summary: Three fitness clubs filed declaratory judgment actions challenging the lease of public property by the City of Charlottesville to the Piedmont Family YMCA and a use agreement governing the leased property entered into be...

Funkhouser v. Ford Motor Co.  
Date: January 10, 2013
Docket Number: 111207

Justia Opinion Summary: Steven Funkhouser's three-year-old twins were playing in their parents' 2001 Ford Windstar when a fire erupted in the passenger compartment of the van. One of the twins died as a result of third-degree burns she received...

Exxon Mobil Corp. v. Minton  
Date: January 10, 2013
Docket Number: 111775

Justia Opinion Summary: Rubert Minton suffered injuries as a result of developing mesothelioma from exposure to asbestos while working on Exxon Mobile Corporation (Exxon) ships during his employment at the Newport News Shipbuilding and Dry Dock...

Allied Concrete Co. v. Lester  
Date: January 10, 2013
Docket Number: 120074

Justia Opinion Summary: William Sprouse, an employee of Allied Concrete Company, was driving a loaded concrete truck when he lost control of his vehicle, causing it to tip over and to land on the vehicle occupied by Isaiah Lester and his wife,...

L.F. v. Breit  
Date: January 10, 2013
Docket Number: 120158

Justia Opinion Summary: Child was conceived in vitro using Father's sperm and Mother's egg. After Child was born, Father voluntarily signed an acknowledgment of paternity jointly with Mother pursuant to Va. Code 20-49.1(B)(2). The couple later...

Online Res. Corp. v. Lawlor  
Date: January 10, 2013
Docket Number: 120208

Justia Opinion Summary: Employee filed a complaint against Corporation seeking damages for breach of contract, unjust enrichment, and wrongful termination. Previous to the suit, Corporation offered Employee a severance package that Employee rej...

Ford Motor Co. v. Boomer  
Date: January 10, 2013
Docket Number: 120283

Justia Opinion Summary: James Lokey passed away due to complications related to mesothelioma. Lokey had served as a state trooper, where his duties included observing vehicle inspections wherein mechanics used compressed air to blow out brake d...

Lawlor v. Commonwealth  
Date: January 10, 2013
Docket Number: 120481

Justia Opinion Summary: Defendant was indicted on and convicted of one count of capital murder in the commission of, or subsequent to, rape or attempted rape, and one count of capital murder in the commission of abduction with the intent to def...

Dressner v. Commonwealth  
Date: January 10, 2013
Docket Number: 120496

Justia Opinion Summary: Alison Dressner was issued a summons for possession of marijuana. The Commonwealth amended the charge to possession of marijuana. Dressner was then arraigned on the amended charge, and entered a guilty plea to that charg...

Henderson v. Commonwealth  
Date: January 10, 2013
Docket Number: 120512

Justia Opinion Summary: Defendant was convicted of robbery and use of a firearm. Less than a month after Defendant was released from prison on probation, Defendant was arrested on a new robbery charge. After a revocation hearing, the circuit co...

Kelley v. Stamos  
Date: January 10, 2013
Docket Number: 120579

Justia Opinion Summary: In 2009, Alexander Nobles pled guilty to driving while intoxicated (DWI) before Judge Thomas Kelley in district court. The case was continued until 2011. At the 2011 hearing, Judge Kelley found Nobles guilty of reckless...

Kiser v. A.W. Chesterton Co.  
Date: January 10, 2013
Docket Number: 120698

Justia Opinion Summary: Orvin Kiser died in 2009 from employment-related exposure to asbestos and his resulting mesothelioma, which was he was diagnosed with in late 2008. In 1988, Kiser was diagnosed with nonmalignant pleural thickening and as...

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