Supreme Court of Virginia Decisions 2018
Date: December 20, 2018
Docket Number: 171393
Justia Opinion Summary: In this appeal of a judgment in a will contest the Supreme Court reversed the judgment of the trial court denying Defendant’s motion to strike the evidence and holding that the evidence was sufficient as a matter of law…
Date: December 20, 2018
Docket Number: 180012
Justia Opinion Summary: The Supreme Court held that Virginia’s Dead Man’s Statute, Va. Code 8.01-397, permits admission of a decedent’s hearsay statements offered by the defense in a personal injury action brought against the decedent’s estate…
Date: December 20, 2018
Docket Number: 180060
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Appellant’s motion to amend her complaint to name the personal representative of her deceased husband’s estate as the proper party defendant and…
Date: December 20, 2018
Docket Number: 180062
Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court in sustaining the demurrer filed by ALG Trustee, LLC and dismissing Appellant’s second complaint with prejudice, holding that Appellant’s allegations were…
Date: December 20, 2018
Docket Number: 180197
Justia Opinion Summary: The Supreme Court reversed the trial court’s determination that Defendant’s motion filed pursuant to the safety value provision of Va. Code 18.2-248(C), which provides potential relief from mandatory minimum sentences…
Date: December 13, 2018
Docket Number: 170965
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court denying Plaintiff’s application for a name change under Va. Code 8.01-217, holding that the circuit court abused its discretion by finding that good cause did…
Date: December 13, 2018
Docket Number: 171438
Justia Opinion Summary: Upon consideration of Darnell Phillips’ petition for a writ of actual innocence, Respondent’s motion to dismiss, and Phillips’ motion for a nonsuit, the Supreme Court decided that the writ of actual innocence will not…
Date: December 13, 2018
Docket Number: 171483
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court, reinstated the determination of the Fairfax County Board of Zoning Appeals (BZA), and entered final judgment for the Board of Supervisors of Fairfax County,…
Date: December 13, 2018
Docket Number: 180055
Justia Opinion Summary: The Supreme Court reversed the judgment of the Court of Appeals affirming Defendant’s convictions on three counts of violating Va. Code 18.2-181 without reviewing the merits of his assignment of error and reinstated the…
Date: December 13, 2018
Docket Number: 180198
Justia Opinion Summary: The Supreme Court affirmed the judgment of the Court of Appeals sustaining Defendant’s conviction for voluntary manslaughter, holding that the Court of Appeals did not err when it found the evidence was sufficient to…
Date: December 6, 2018
Docket Number: 171183
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court denying Appellant’s petition for a writ of mandamus asking the court to compel the City of Virginia Beach to limit the scope of the redaction the City provided…
Date: December 6, 2018
Docket Number: 171450
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court determining that Defendant’s dog was a “dangerous dog” within the meaning of Va. Code 3.2-6540(A), finding that Defendant was the custodian or harborer of the…
Date: December 6, 2018
Docket Number: 180052
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals upholding Defendant’s conviction for shooting at an occupied vehicle under Va. Code 18.2-154, holding that the plain language of the statute did not require…
Date: December 6, 2018
Docket Number: 180162
Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the circuit court’s judgment denying a motion for nonsuit, prospectively denying an inmate in forma pauperis status pursuant to Va. Code 8.01-692, and imposing a…
Date: December 6, 2018
Docket Number: 180179
Justia Opinion Summary: The Supreme Court dismissed, without prejudice, Appellant’s appeal of the circuit court’s denial of Appellant’s motion for reconsideration of its prior order denying his second motion to dismiss his capital indictments,…
Date: November 21, 2018
Docket Number: 170894
Justia Opinion Summary: The Supreme Court reversed the circuit court’s judgment against Defendants as to Plaintiff’s claims for tortious interference and statutory business conspiracy, holding that the circuit court erred in ruling that…
Date: November 21, 2018
Docket Number: 171165
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court dismissing on demurrer Sweely Holdings, LLC’s suit against SunTrust Bank alleging breach of contract, fraud in the inducement, and constructive fraud, holding…
Date: November 1, 2018
Docket Number: 170132
Justia Opinion Summary: The Supreme Court affirmed in part, reversed in part, and remanded the decision of the circuit court granting the demurrers filed by Carilion Clinic and Carilion Healthcare Corporation (collectively, Carilion) and…
Date: November 1, 2018
Docket Number: 171555
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals holding that multiple mandatory minimum terms of imprisonment, imposed for multiple convictions under Va. Code 18.2-308.2(A) are required to be served…
Date: October 18, 2018
Docket Number: 170707
Justia Opinion Summary: The Supreme Court reversed Defendant’s sentence of ten years in prison, three years suspended upon certain conditions, imposed in connection with Defendant’s conviction for felony child abuse and neglect, holding that…
Date: October 18, 2018
Docket Number: 170963
Justia Opinion Summary: The Supreme Court affirmed the judgment of the Court of Appeals denying Defendant’s appeal from the circuit court’s order revoking twenty years of Defendant’s suspended sentence and resuspending fifteen years after…
Date: October 18, 2018
Docket Number: 171542
Justia Opinion Summary: At issue in this boundary dispute was whether a property line ran to the center of a road where the deed described the property as being bounded by that road and included the property’s square footage, as well as a…
Date: October 18, 2018
Docket Number: 180005
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court finding that George Mason University’s (GMU) decision to deny Maheen Malik’s tuition reclassification was arbitrary, capricious, and contrary to law, holding…
Date: October 11, 2018
Docket Number: 170540
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of arson of an occupied dwelling and nine counts of attempted first-degree murder, holding that the trial court did not err in denying Defendant’s motion to suppress his…
Date: October 11, 2018
Docket Number: 171494
Justia Opinion Summary: The Supreme Court held that an employer owes a duty of care to an employee’s family member who alleges exposure to asbestos from the work clothes of an employee where the family member alleges the employer’s negligence…
Date: October 4, 2018
Docket Number: 170604
Justia Opinion Summary: In this appeal of a judgment confirming an arbitration award, the Supreme Court held that the circuit court did not err in refusing to vacate the arbitration award under Va. Code 8.01-581.010. Plaintiff filed a…
Date: October 4, 2018
Docket Number: 171055
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court striking Plaintiff’s evidence at the trial of her personal injury action against Defendants, holding that the circuit court did not err in ruling that…
Date: September 27, 2018
Docket Number: 170288
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court ruling that Plaintiff’s amended complaint alleging a wrongful death action failed to state a claim for which relief could be granted against Irish Fleet, Inc.…
Date: September 27, 2018
Docket Number: 171068
Justia Opinion Summary: The Supreme Court affirmed the decision of the circuit court dismissing Plaintiff’s suit alleging breach of contract claims against Wells Fargo Bank, N.A. pursuant to the applicable statute of limitations, holding that…
Date: August 30, 2018
Docket Number: 171428
Justia Opinion Summary: The Supreme Court affirmed the order of the State Corporation Commission (SCC) that approved a new surcharge for Virginia-American Water Company (VAWC), holding that the SCC had statutory authority to approve the new…
Date: August 29, 2018
Docket Number: 170934
Justia Opinion Summary: The Supreme Court held that Petitioner filed her petition for writs of mandamus and prohibition against the Board of Supervisors of Loudoun County in violation of Va. Code 8.01-271.1 and that an appropriate sanction…
Date: August 23, 2018
Docket Number: 171381
Justia Opinion Summary: At issue was whether the circuit court abused its discretion when it dismissed a complaint with prejudice upon sustaining a plea in bar for failure to comply with a contractual condition precedent before filing…
Date: August 16, 2018
Docket Number: 171098
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court entering an order enforcing a merger agreement between two churches, holding that the trial court had subject matter jurisdiction to adjudicate this…
Date: August 9, 2018
Docket Number: 170458
Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals upholding Defendant’s conviction for rape, holding that the circuit court’s finding that Defendant’s waiver of his rights under Miranda v. Arizona, 384 U.S.…
Date: August 9, 2018
Docket Number: 170995
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court in this qui tam case filed by Relators alleging that several laboratories illegally inflated the bills they submitted to Virginia’s Medicaid program, holding…
Date: August 9, 2018
Docket Number: 171030
Justia Opinion Summary: The Supreme Court held that the circuit court did not err when it found that an automobile graveyard was a lawful nonconforming use because the use began prior to the enactment of the county’s zoning ordinances and had…
Date: July 26, 2018
Docket Number: 170732
Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the trial court’s denial of Defendant’s motion to suppress and upholding his convictions for several drug and firearm-related offenses, holding…
Date: July 26, 2018
Docket Number: 171067
Justia Opinion Summary: The Supreme Court vacated in part and reversed in part the decision of the circuit court reducing the amount due on a deed of trust note (note) and entering a confessed judgment for the reduced amount without the…
Date: July 19, 2018
Docket Number: 170747
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court admitting a will to probate, holding that the trial court properly admitted testimony to refute the claim that the will was fraudulent and did not err in…
Date: July 19, 2018
Docket Number: 170829
Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions and sentences for the capital murder of two individuals within a three-year period in violation of Va. Code 18.2-31(8), holding that the punishments did not violate the…
Date: July 19, 2018
Docket Number: 171117
Justia Opinion Summary: The Supreme Court held that a general appearance after the entry of a final judgment that is void ab initio because of the absence of personal jurisdiction does not, by itself, convert the prior void judgment into a…
Date: July 19, 2018
Docket Number: 171224
Justia Opinion Summary: The Supreme Court held that, in dismissing the Commonwealth’s petition to have Troy Lamar Giddens, Sr. civilly committed as a sexually violent predator, the trial court misapplied the relevant statute, Va. Code…
Date: July 5, 2018
Docket Number: 170620
Justia Opinion Summary: A majority of the Supreme Court held (1) Va. Code 56-49.01(A) allows a natural gas company to gain access to private property for the purpose of conducting surveys and other activities that are only necessary for the…
Date: June 7, 2018
Docket Number: 170617
Justia Opinion Summary: The Supreme Court affirmed the the judgment of the circuit court setting aside the jury’s verdict awarding CGI Federal Inc. $12 million in damages for its fraudulent inducement and breach of contract claims against FCi…
Date: June 7, 2018
Docket Number: 170639
Justia Opinion Summary: The circuit court did not err when it ruled that Plaintiff, a retired firefighter, was not a disabled person entitled to receive health insurance benefits under the Virginia Line of Duty Death and Disability Act, Va.…
Date: May 31, 2018
Docket Number: 161844
Justia Opinion Summary: The Supreme Court affirmed the convictions of Patricia Gerald and her daughter, Tarsha Gerald, with driving while on a suspended license, third or subsequent offense, and perjury arising from testimony they gave in the…
Date: May 31, 2018
Docket Number: 170518
Justia Opinion Summary: At issue was what the phrase “has been previously convicted” means in Va. Code 18.2-57.2(B), which makes assault and battery of a family or household member a felony under certain circumstances. Defendant was convicted…
Date: May 31, 2018
Docket Number: 170697
Justia Opinion Summary: The circuit court did not err in declaring the constitutional validity of Virginia General Assembly legislative districts that were allegedly drawn in violation of the compartment requirement expressed in Va. Const. art.…
Date: May 31, 2018
Docket Number: 171020
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court dismissing, without prejudice, this derivative action on the ground that Plaintiff failed to first make a demand for the limited liability company (LLC) to take…
Date: May 17, 2018
Docket Number: 171022
Justia Opinion Summary: The circuit court erred by dismissing a petition to enforce the Virginia Freedom of Information Act (FOIA), Va. Code 2.2-3700, et seq., on the basis that the petition failed to comply with Va. Code 2.2-3713(A) because it…
Date: May 10, 2018
Docket Number: 170282
Justia Opinion Summary: The Supreme Court reversed the final judgment of the trial court in this eminent domain case granting $167,866 in damages to the landowner, holding that the trial court erred in disallowing the expert witness for the…
Date: May 10, 2018
Docket Number: 170631
Justia Opinion Summary: The Supreme Court reversed the trial court’s final judgment against a Lessee and its guarantor in this action brought by the Lessor seeking unpaid rent under a fifteen-year lease after the Lessee vacated the leasehold…
Date: May 3, 2018
Docket Number: 170491
Justia Opinion Summary: This Court’s holding in Wyatt v. McDermott, 725 S.E.2d 555 (Va. 2012), which recognized the tort of intentional interference with parental rights, did not extend to the factual allegations against Defendants in this…
Date: May 3, 2018
Docket Number: 170718
Justia Opinion Summary: The General Assembly did not intent to abrogate existing common law causes of action when it enacted Va. Code 8.01-226.12, which sets forth some obligations and immunities for landlords and managing agents when visible…
Date: April 26, 2018
Docket Number: 170247
Justia Opinion Summary: Neal submitted a FOIA request to the Fairfax County Police Department seeking its automated license plate readers (ALPR) records regarding his vehicle. The Department responded that Neal’s tag had been read twice and…
Date: April 19, 2018
Docket Number: 170437
Justia Opinion Summary: The Supreme Court reversed and vacated in part the judgment of the court of appeals with respect to Defendant’s convictions for malicious wounding and use of a firearm during the commission of a malicious wounding and…
Date: April 12, 2018
Docket Number: 170031
Justia Opinion Summary: At issue was how to construe a will’s residuary clause to determine what estate it granted to the testator’s wife (Wife) and whether Appellants were entitled to their attorneys’ fees under the doctrine of judicial…
Date: April 5, 2018
Docket Number: 161506
Justia Opinion Summary: In this dispute over contractual provision in a real estate purchase agreement (agreement) allocating future development rights for properties located near a new Metro rail station, the circuit court did not err in…
Date: April 5, 2018
Docket Number: 170586
Justia Opinion Summary: Involuntary manslaughter under Va. Code 18.2-154 is the “same offense” as common law involuntary manslaughter. Defendant was convicted of both common law involuntary manslaughter and involuntary manslaughter under Va.…
Date: April 5, 2018
Docket Number: 170712
Justia Opinion Summary: Va. Code 18.2-279 does not require, as an element of the crime of unlawful discharge of a firearm within an occupied building, proof that the firearm was not discharged accidentally or inadvertently. Defendant was…
Date: March 29, 2018
Docket Number: 171151
Justia Opinion Summary: The Supreme Court affirmed the order of the State Corporation Commission concluding that certain large customers may purchase electricity from any licensed supplier of energy in the Commonwealth under Va. Code…
Date: March 22, 2018
Docket Number: 160681
Justia Opinion Summary: At issue in this case was the extent to which a corporate taxpayer must include in its Virginia taxable income royalties paid to an intangible holding company. The Virginia Supreme Court held that the circuit court…
Date: March 22, 2018
Docket Number: 161422
Justia Opinion Summary: The Supreme Court dismissed Sherman Brown’s petition seeking a writ of actual innocence pursuant to Va. Code 19.2-327.1 to -327.6, which govern writs of actual innocence based on biological evidence, for two independent…
Date: March 22, 2018
Docket Number: 161788
Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court dismissing Plaintiff’s wrongful death action against the manufacturer of a lift truck, holding that Plaintiff’s evidence failed, as a matter of law, to establish…
Date: March 1, 2018
Docket Number: 161187
Justia Opinion Summary: The Supreme Court granted Roy L. Watford’s petition for a writ of actual innocence based on biological evidence and vacated his conviction, holding that Watford proved, by clear and convincing evidence, all of the…
Date: March 1, 2018
Docket Number: 161640
Justia Opinion Summary: This case provided the Supreme Court an opportunity to provide guidance on what happens if one of multiple losing parties wishes to appeal from a general district court (GDC) judgment involving consolidated claims by…
Date: March 1, 2018
Docket Number: 161804
Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for displaying a noose on a public place with the intent to intimidate and placing others in reasonable fear of death or personal injury, in violation of Va. Code…
Date: March 1, 2018
Docket Number: 170122
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court dismissing a petition to remove an elected officer, holding that the petition failed to comply with the requirement set forth in Va. Code 24.2-233 and -235…
Date: March 1, 2018
Docket Number: 170199
Justia Opinion Summary: The Supreme Court reversed the judgment of the trial court denying Appellant’s petition to expunge a felony arrest record, holding that the trial court abused its discretion in denying the petition. The trial court…
Date: February 22, 2018
Docket Number: 161230
Justia Opinion Summary: The circuit court abused its discretion in this medical malpractice action when it refused to qualify Plaintiff’s only proposed expert witness (Dr. Aboderin) and granted summary judgment for Defendant. After voir dire,…
Date: February 22, 2018
Docket Number: 161527
Justia Opinion Summary: The Supreme Court affirmed the decision of the trial court denying Appellant’s petition to change his name. Appellant, Brian Wendall Jordan, was serving a term of incarceration when he underwent a religious conversion.…
Date: February 22, 2018
Docket Number: 161777
Justia Opinion Summary: In this appeal from a state employee grievance proceeding, a hearing officer’s decision upholding the termination of Nathan Osborn, a special agent with the Virginia Department of Alcoholic Beverage Control (ABC), was…
Date: February 22, 2018
Docket Number: 170350
Justia Opinion Summary: In this medical malpractice action in which a jury rendered a verdict in favor of Plaintiff, the circuit court erred in denying Defendant’s motion to strike Plaintiff’s evidence on the ground that Plaintiff failed to…
Date: February 22, 2018
Docket Number: 170521
Justia Opinion Summary: In this complaint seeking to impeach a will on the grounds of undue influence and lack of testamentary capacity, the Supreme Court reversed the judgment of the circuit court sustaining Defendants’ plea in bar on the…
Date: February 22, 2018
Docket Number: 170524
Justia Opinion Summary: In this medical malpractice action, the trial court did not abuse its discretion in excluding certain statements proffered by Plaintiff. On appeal, Plaintiff argued that the trial court erred in excluding statements…
Date: February 22, 2018
Docket Number: 170643
Justia Opinion Summary: The Supreme Court reversed the ruling of the circuit court sustaining the a plea of res judicata and dismissing this breach of contract action. In his plea of res judicata, Defendant argued that Plaintiff was barred…
Date: February 12, 2018
Docket Number: 180173
Justia Opinion Summary: The circuit court erred in granting Defendant, who was charged with first-degree murder, pre-trial bail. Because Defendant was charged with first-degree murder, for which the maximum sentence was life imprisonment, the…
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