Supreme Court of Virginia Decisions 2015
Date: December 30, 2015
Docket Number: 150005
Justia Opinion Summary: Plaintiff and Defendants owned adjacent properties. Plaintiff filed a complaint against Defendants alleging timber theft, trespass, and property damage and seeking an injunction, alleging that Defendants removed timber…
Date: December 17, 2015
Docket Number: 150150
Justia Opinion Summary: In 1992, Plaintiff was convicted of a felony drug offense. In 2006, Plaintiff applied to the Fairfax County School Board for a teaching position and disclosed her prior conviction on her application. The Board…
Date: December 17, 2015
Docket Number: 150278
Justia Opinion Summary: In 2006, CPM Virginia, LLC entered into an agreement with MJM Golf, LLC for the sale of a golf course. In 2013, CPM filed suit against MJM claiming that MJM failed to pay in full the purchase price by the date identified…
Date: December 10, 2015
Docket Number: 141788
Justia Opinion Summary: Douglas Kozich pled guilty to one count of grand larceny and two counts of obtaining money by false pretenses. After a sentencing hearing, the court issued two-year active sentences, running consecutively, for each of…
Date: November 19, 2015
Docket Number: 150303
Justia Opinion Summary: Defendant pleaded guilty to thirty-three counts of taking indecent liberties with a child. Defendant later filed an amended petition for a writ of habeas corpus alleging that he was deprived of his right to effective…
Date: November 12, 2015
Docket Number: 140983
Justia Opinion Summary: Mitchell Kambis owns John Rolfe Realty and Elegant Homes of Virginia (collectively, the Kambis parties). Kambis and April Considine formed and were the sole members of Villa Deste, LLC. Patricia Wolfe, Considine’s…
Date: November 12, 2015
Docket Numbers: 141650, 141820
Justia Opinion Summary: Talmage Ricks was convicted of strangulation resulting in bodily injury in violation of Va. Code 18.2-51.6. In a separate criminal case, Edward Chilton was also convicted of strangulation resulting in bodily injury. Both…
Date: November 5, 2015
Docket Number: 141533
Justia Opinion Summary: Settlor established a revocable trust that designated his new wife and his only children, two sons from a previous marriage (the Sons), as beneficiaries. After Settlor died, the Trustee informed the Sons that she had…
Date: November 5, 2015
Docket Number: 150433
Justia Opinion Summary: Appellant entered Alford pleas of guilty to attempted carnal knowledge of a minor, indecent liberties with a minor, and related offenses. Appellant was sentenced to a total of thirty-five years of incarceration, with…
Date: October 29, 2015
Docket Number: 140999
Justia Opinion Summary: Two weeks after Preston McKellar announced that he would be retiring as a structural welder for Northrop Grumman Shipbuilding, McKeller was injured during the course of his employment. Two weeks later, McKeller retired…
Date: October 29, 2015
Docket Number: 141121
Justia Opinion Summary: Petitioner pleaded guilty in the District Court of Stafford County to petit larceny and three misdemeanor tampering charges. After Petitioner’s sentences expired, Petitioner was detained by U.S. Immigration and Customs…
Date: October 29, 2015
Docket Number: 141674
Justia Opinion Summary: Defendant was charged with first-degree murder, maliciously shooting into an occupied vehicle, use of a firearm in the commission of a felony, and reckless handling of a firearm, a misdemeanor. After a trial on the…
Date: October 29, 2015
Docket Number: 141706
Justia Opinion Summary: Four-year-old Jameer Woodley was killed in a school bus accident. The decedent’s parents, who qualified as co-administrators of his estate, filed a wrongful death suit against the Southampton County School Board and…
Date: October 29, 2015
Docket Number: 141737
Justia Opinion Summary: After a trial, Defendant, a contractor who had been hired by a homeowner to install a replacement liner in the homeowners’ swimming pool, was convicted of construction fraud. Defendant appealed, arguing that the evidence…
Date: October 29, 2015
Docket Number: 141890
Justia Opinion Summary: Petitioner, a lawful permanent resident of the United States, pled guilty to a single count of grant larceny. Petitioner was subsequently served with a notice to appear for removal proceedings under 8 U.S.C.…
Date: September 17, 2015
Docket Number: 141206
Justia Opinion Summary: Defendant made a conditional plea of guilty to charges of cocaine distribution and unlawful possession of a firearm while in possession of cocaine. Defendant appealed the trial court’s denial of his motion to suppress,…
Date: September 17, 2015
Docket Number: 141358
Justia Opinion Summary: Draper Paving, the subcontractor for a road project, employed Richard Slone as a dump truck driver and assigned him to work on the project. Slone died from injuries he received in an accident while working on the…
Date: September 17, 2015
Docket Number: 141536
Justia Opinion Summary: Jennifer Ploutis’ home was insured under a policy issued by Allstate Property and Casualty Insurance Company when water pipes in the home burst, damaging the home and certain contents. When the parties were unable to…
Date: September 17, 2015
Docket Number: 141541
Justia Opinion Summary: When Paul Lee and Lisa Spoden divorced, Lisa held an ownership interest in Lee’s company, Strategic Health Care Company, Inc. (“SHC”). As part of the divorce proceeding, Lee and Spoden entered into a written agreement…
Date: September 17, 2015
Docket Number: 141562
Justia Opinion Summary: Insured filed a complaint alleging that Insured had breached a title insurance policy. Insured also alleged that Insurer had acted in bad faith and requested an award of attorney’s fees and costs pursuant to Va. Code…
Date: September 17, 2015
Docket Number: 141627
Justia Opinion Summary: Gary Wooten purchased property before marrying Iracy Wooten. Gary subsequently executed a deed of trust to secure a loan. Thereafter, Gary conveyed the property to himself and Iracy as tenants by the entirety.…
Date: September 17, 2015
Docket Number: 141780
Justia Opinion Summary: Scott Surovell filed a verified petition for writ of mandamus requesting documents pertaining to various aspects of executions conducted in Virginia from the Virginia Department of Corrections (“VDOC”) through the…
Date: August 28, 2015
Docket Number: 141387
Justia Opinion Summary: Based on an anonymous tip implicating Defendant, Defendant was arrested and charged with abduction, robbery, and statutory burglary. After a jury trial, Defendant was convicted. The Court of Appeals reversed and remanded…
Date: June 26, 2015
Docket Number: 150621
Justia Opinion Summary: In this matter concerning the care and custody of the children of Kristin Burns, the circuit court enjoined Burns from pursuing any further action until after she completed certain mental and parental fitness…
Date: June 4, 2015
Docket Number: 140892
Justia Opinion Summary: Plaintiffs, Spectra-4 LLP and Spectet Limited Partnership, LLC, individually owned and leased neighboring commercial buildings. Uniwest Commercial Realty provided management services for the commercial buildings. As…
Date: June 4, 2015
Docket Number: 140972
Justia Opinion Summary: In 1936, the the Grand View Development Corporation distributed a large tract of real estate in a beach area to its shareholders via a deed. A referenced map included two parallel lines depicting an easement. Between the…
Date: June 4, 2015
Docket Number: 140978
Justia Opinion Summary: Bank filed a complaint seeking a declaratory judgment that its deed of trust on certain property was a valid first priority lien on the property. Defendant filed an answer requesting a declaration that its deed of trust…
Date: June 4, 2015
Docket Number: 141085
Justia Opinion Summary: Plaintiff worked for the Alexandria Redevelopment and Housing Authority (ARHA) before being discharged for violating ARHA’s “absenteeism and tardiness policies.” Plaintiff filed a complaint in circuit court claiming that…
Date: June 4, 2015
Docket Number: 141096
Justia Opinion Summary: Plaintiff filed a complaint against Defendant for damages arising from a vehicle accident. Defendant admitted liability, and the case was tried before a jury on the issue of damages. The jury awarded damages in the…
Date: June 4, 2015
Docket Number: 141105
Justia Opinion Summary: Julia Cain and her daughters Raven and Reannah Cain filed a personal injury complaint against Defendant, who rear-ended them while they were driving. After a trial, the jury awarded $5,000 in compensatory damages to…
Date: June 4, 2015
Docket Number: 141116
Justia Opinion Summary: A seven-year-old first grade student died at school as a result of a severe allergic reaction to a peanut provided to her by a classmate. The tragic death of the child received widespread publicity in local, national,…
Date: June 4, 2015
Docket Number: 141159
Justia Opinion Summary: In 2002, James Edmonds executed a will that left all of his personal property to his wife, Elizabeth, and the remainder of his property to a revocable living trust. After James died, his original will could not be…
Date: June 4, 2015
Docket Number: 141195
Justia Opinion Summary: Plaintiff was an LLC formed to own, develop, and sell real estate. Defendants were two entities formed to develop and sell real estate under the management and control of two of Plaintiff’s managers. The managers…
Date: June 4, 2015
Docket Number: 141239
Justia Opinion Summary: Plaintiff retained Defendant to represent her in a criminal matter. After a trial, Plaintiff was found guilty of felony assault and battery. Plaintiff subsequently filed a petition for writ of habeas corpus alleging that…
Date: June 4, 2015
Docket Number: 141248
Justia Opinion Summary: After Plaintiff bought a parcel of property from Fauber Enterprises, Inc., the basement of the house flooded when it rained. Plaintiff filed a complaint against Fauber, Fauber’s real estate agent, and others, alleging…
Date: June 4, 2015
Docket Number: 141277
Justia Opinion Summary: Douglas and Wanda Evans obtained title to a parcel of real property as tenants by the entirety with right of survivorship by way of a deed. In 1976, Douglas executed a general warranty deed purporting to convey to Wanda…
Date: June 4, 2015
Docket Number: 141297
Justia Opinion Summary: Plaintiff owned property located in the City of Norfolk. Gary and Margaret Cordovana owned the property located on one side of Plaintiff’s property, and 1273 West Ocean View, LLC and Dion Hayle (collectively, “1273…
Date: June 4, 2015
Docket Numbers: 141365, 141372
Justia Opinion Summary: After Plaintiff was fired, his former supervisor swore out a misdemeanor assault and battery complaint against Plaintiff for events that allegedly occurred immediately after Plaintiff’s termination. The supervisor also…
Date: June 4, 2015
Docket Number: 141480
Justia Opinion Summary: Plaintiffs applied for a special use permit requesting a permit to operate a boarding kennel in accordance with Clark County Zoning Ordinances. Plaintiffs filed suit against Defendant, a nearby neighbor and member of the…
Date: April 16, 2015
Docket Number: 140242
Justia Opinion Summary: Hadeed Carpet Cleaning, Inc. filed a defamation action against three John Doe defendants alleging that they falsely represented themselves as Hadeed customers and posted negative reviews about Hadeed’s services on Yelp,…
Date: April 16, 2015
Docket Numbers: 140275, 140297
Justia Opinion Summary: Vu Vo filed a lawsuit against Christopher Bartolomucci seeking damages for injuries he sustained in a vehicle collision. Bartolomucci filed a declaratory judgment action seeking to establish that his vehicle he was…
Date: April 16, 2015
Docket Number: 140462
Justia Opinion Summary: The State Corporation Commission issued to Virginia Electric and Power Company certificates of public convenience and necessity authorizing the construction of electric transmission facilities. BASF Corporation appealed,…
Date: April 16, 2015
Docket Number: 140805
Justia Opinion Summary: Plaintiff and Defendant were involved in an automobile accident in which the vehicles being operated by each of them collided. Plaintiff filed suit and attempted to serve the complaint and summons on Defendant at a prior…
Date: April 16, 2015
Docket Number: 140837
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of distributing child pornography. The court of appeals upheld the convictions. Defendant appealed, arguing that the evidence was insufficient to prove…
Date: April 16, 2015
Docket Number: 140890
Justia Opinion Summary: Joseph Tuggle, who lived in a residential group home for men with intellectual disabilities, died after suffering second and third degree burns on his body that were left untreated. Richard Wagoner, the president and…
Date: April 16, 2015
Docket Number: 140929
Justia Opinion Summary: The Commissioner of Highways sought to acquire a 387-acre portion of Landowners’ property to facilitate road improvements. Before making an offer, Thomas Savage completed an appraisal ordered by the Commonwealth and…
Date: February 26, 2015
Docket Number: 131945
Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder, use of a firearm in the commission of murder, robbery, use of a firearm in the commission of robbery, and conspiracy to commit robbery. The convictions…
Date: February 26, 2015
Docket Number: 140270
Justia Opinion Summary: Debara Brown filed a complaint as executor of the estate of her husband (the decedent), a private investigator, against Ali Al-Ibrahim Abid, alleging that Abid killed the decedent while he was attempting to serve divorce…
Date: February 26, 2015
Docket Number: 140414
Justia Opinion Summary: Defendant was indicted on charges of Internet solicitation of a minor. The parties agreed that Defendant was accused of soliciting oral sex from a minor and that oral sex between an adult and a minor is an act forbidden…
Date: February 26, 2015
Docket Number: 140500
Justia Opinion Summary: Plaintiff sought to bring a legal malpractice claim against his criminal defense attorneys and their respective law firms. The circuit court dismissed the criminal malpractice claim on the grounds that the settlement and…
Date: February 26, 2015
Docket Number: 140676
Justia Opinion Summary: A county code compliance investigator issued Appellant a notice of violation regarding her property. The county zoning administrator then determined that Appellant had committed a violation. The Board of Zoning Appeals…
Date: February 26, 2015
Docket Number: 140708
Justia Opinion Summary: EE Mart, LLC brought an action in a Virginia circuit court against Suzanne Delyon, the former chief financial officer of EE Mart, and the other LLCs that she owned, alleging claims relating to insurance proceeds paid to…
Date: February 26, 2015
Docket Number: 140719
Justia Opinion Summary: Pursuant to a plea agreement, Appellant, a native of Ethiopia, pleaded guilty to petit larceny. At no time did Appellant’s court-appointed attorney advise Appellant of the collateral consequences of the plea and sentence…
Date: February 26, 2015
Docket Number: 140836
Justia Opinion Summary: Plaintiff, a sheriff’s deputy, was terminated after he reported to the sheriff alleged irregularities in several criminal cases. Plaintiff filed a complaint alleging that his termination was impermissible retaliation in…
Date: February 26, 2015
Docket Number: 141455
Justia Opinion Summary: Appellant was arrested on warrants charging him with several crimes. The general district court admitted Appellant to bail. The Commonwealth appealed the bail decision. The circuit court admitted Appellant to bail…
Date: January 8, 2015
Docket Number: 132028
Justia Opinion Summary: At issue in this case was whether quetiapine, which is a Schedule VI controlled substance, is a “controlled substance subject to abuse” within the meaning of Va. Code 18.2-247(B)(ii). Defendant was charged with…
Date: January 8, 2015
Docket Number: 140011
Justia Opinion Summary: O. Ryland Tate, who was employed as a firefighter for the City of Danville, suffered a heart attack, did not return to work, and retired six months later. The City gave Tate the equivalent of his full wages in the form…
Date: January 8, 2015
Docket Number: 140100
Justia Opinion Summary: She-Sha Cafe and Hookah Lounge is a hookah bar that serves food in areas where smoking occurs. In 2010, the Montgomery County Health Department charged She-Sha with two violations of the Virginia Indoor Clean Air Act…
Date: January 8, 2015
Docket Number: 140216
Justia Opinion Summary: Zachary Gage Duncan sustained a serious injury while driving his 2008 Hyundai Tiburon when he struck a tree. The side airbag did not deploy. Plaintiffs, individual and as Duncan’s guardians and conservators, filed suit…
Date: January 8, 2015
Docket Number: 140273
Justia Opinion Summary: After a jury trial, Defendant was found guilty of aggravated sexual battery. Defendant appealed, asserting that the circuit court erred when it allowed the Commonwealth to cross-examine him about whether a prior felony…
Date: January 8, 2015
Docket Number: 140301
Justia Opinion Summary: In 2005, Donald Devine and his wife Nancy Devine acquired ownership of Rock Hall, a 200-year-old house. In 2007, Charles Buki and Kimberly Marsho signed a contract agreeing to purchase Rock Hall. Later that year, Buki…
Date: January 8, 2015
Docket Number: 140305
Justia Opinion Summary: In 2005, Donald Devine and his wife Nancy Devine acquired ownership of Rock Hall, a 200-year-old house. In 2007, Charles Buki and Kimberly Marsho signed a contract agreeing to purchase Rock Hall. Later that year, Buki…
Date: January 8, 2015
Docket Number: 140422
Justia Opinion Summary: In 2010, the Commissioner of Revenue of Arlington County (“County”) audited Nielsen for several of the previous tax years. Determining that Nielsen failed to pay sufficient tax on its business license, the County issued…
Date: January 8, 2015
Docket Number: 140444
Justia Opinion Summary: At issue in this case was the sale of Tails, Inc. Tails was organized as a Virginia corporation but changed its state of incorporation to Delaware as part of a Plan of Reorganization and Purchase Agreement pursuant to…
Date: January 8, 2015
Docket Number: 140505
Justia Opinion Summary: The City of Fredericksburg brought suit against CVAS 2, LLC, which owns real estate within the City’s geographic area, seeking to have CVAS 2’s real estate sold in order to collect the LLC’s outstanding payments for…
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.
