Supreme Court of Virginia Decisions 2015

Chacey v. Garvey  
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 f...

Butler v. Fairfax County School Board  
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 subsequent...

CPM Virginia, LLC v. MJM Golf, LLC  
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...

Dir. of Dep’t of Corr. v. Kozich  
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 th...

Velasquez-Lopez v. Clarke  
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 ass...

Kambis v. Considine  
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 mother...

Ricks v. Commonwealth  
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...

Rafalko v. Georgiadis  
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 dec...

Grafmuller v. Commonwealth  
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 twe...

McKellar v. Northrop Grumman Shipbuilding  
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 a...

Escamilla v. Superintendent, Rappahannock Reg’l Jail  
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 E...

Commonwealth v. Davis  
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 misde...

In re Woodley  
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 thre...

Bowman v. Commonwealth  
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...

Fuentes v. Clarke  
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. 1227(a)(2)(A...

Evans v. Commonwealth  
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, c...

Bratton v. Selective Ins. Co. of Am.  
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 project...

Allstate Prop. & Cas. Ins. Co. v. Ploutis  
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 rea...

Lee v. Spoden  
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 (t...

REVI, LLC v. Chicago Title Ins. Co.  
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 Ann...

Wooten v. Bank of Am., N.A.  
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. Approximat...

Dep’t of Corr. v. Surovell  
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 Virgin...

Commonwealth v. Swann  
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...

Burns v. Sullivan  
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 evaluations...

Spectra-4, LLP v. Uniwest Commercial Realty  
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 betw...

Marble Techs., Inc. v. Mallon  
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...

Deutsche Bank Nat’l Trust Co. v. Arrington  
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...

Alexandria Redevelopment & Housing Auth. v. Walker  
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...

Cosby v. Clem  
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 amoun...

Cain v. Lee  
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 Rave...

Pendleton v. Newsome  
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, an...

Edmonds v. Edmonds  
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 locate...

Birchwood-Manassas Assocs., LLC v. Birchwood at Oak Knoll Farm, LLC  
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 transfe...

Desetti v. Chester  
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...

Ballagh v. Fauber Enters.  
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 vi...

Evans v. Evans  
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...

Collett v. Cordovana  
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 WOV”...

Egan v. Butler  
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 t...

Schaecher v. Bouffault  
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...

Yelp, Inc. v. Hadeed Carpet Cleaning  
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,...

Bartolomucci v. Federal Ins. Co.  
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 drivi...

BASF Corp. v. State Corp. Comm’n  
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,...

Sauder v. Ferguson  
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...

Kelley v. Commonwealth  
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 distributi...

Wagoner v. Commonwealth  
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 own...

Ramsey v. Comm’r of Highways  
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 valu...

Hicks v. Dir., Dep't of Corr.  
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...

Brown v. Jacobs  
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...

Cowser-Griffin v. Griffin (ORDER)
Date: February 26, 2015
Docket Number: 140350
Toghill v. Commonwealth  
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...

Smith v. McLaughlin  
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...

Frace v. Johnson  
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 (...

EE Mart F.C., LLC v. Delyon  
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...

Zemene v. Clarke  
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...

Roop v. Whitt  
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...

Shannon v. Commonwealth  
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 pendin...

Powell v. Commonwealth  
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 distribut...

City of Danville v. Tate  
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 o...

Va. Dep't of Health v. Kepa, Inc.  
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 (VI...

Hyundai Motor Co. v. Duncan  
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 a...

Shifflett v. Commonwealth  
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 c...

Devine v. Buki  
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 an...

Devine v. 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 an...

Nielsen County v. Bd. of Arlington County  
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...

Fisher v. Tails, Inc.  
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 wh...

CVAS 2, LLC v. City of Fredericksburg  
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 deli...

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.