Supreme Court of Virginia Decisions 2012
Date: November 1, 2012
Docket Number: 111236
Justia Opinion Summary: At issue in this will contest was whether the circuit court erred in instructing the jury as to the existence of the presumption of testamentary capacity. In this case, the decedent bequeathed her dog and a cash gift for…
Date: November 1, 2012
Docket Number: 111870
Justia Opinion Summary: This appeal from an order dismissing an action for wrongful death presented the question whether the decedent, who was serving on active duty with the armed forces of the United States at the time of his injury, was…
Date: November 1, 2012
Docket Number: 112131
Justia Opinion Summary: At issue in this appeal was whether the circuit court erred when it held that Defendant was not entitled to credit toward his Virginia sentence for the period he was detained in a Virginia jail awaiting trial. At that…
Date: November 1, 2012
Docket Number: 112193
Justia Opinion Summary: In this appeal, the Supreme Court considered whether a condemnor may, in an eminent domain proceeding, alternatively assert ownership rights in the condemned property. The Court further considered whether the evidence in…
Date: November 1, 2012
Docket Number: 112283
Justia Opinion Summary: In this appeal the Supreme Court determined that the circuit court erred in extending summary judgment entered against a defendant motorist to likewise bind the underinsured motorist (UIM) insurance carrier. The Court…
Date: November 1, 2012
Docket Number: 112320
Justia Opinion Summary: At issue in this appeal was whether the circuit court erred when it found that a county subdivision did not violate a restrictive covenant requiring compliance with the county's subdivision ordinance in effect in 1997.…
Date: November 1, 2012
Docket Number: 120086
Justia Opinion Summary: At issue in this appeal was (1) whether an ordinance authorizing the acquisition of an easement by condemnation also confers the authority to acquire the easement by an action to quiet title, and (2) whether the evidence…
Date: November 1, 2012
Docket Number: 120112
Justia Opinion Summary: Appellant was convicted of three counts of robbery and three counts of use or display of a firearm in committing those felonies. The circuit court ran the firearm sentences consecutively based upon what it interpreted as…
Date: November 1, 2012
Docket Number: 120139
Justia Opinion Summary: Appellant was convicted in the district court of a felony third offense, DUI after being twice convicted of the same offense within ten years. The circuit court subsequently granted Appellant's motion to dismiss the…
Date: November 1, 2012
Docket Number: 120252
Justia Opinion Summary: Defendant was convicted of three counts of possession of a firearm by a convicted felon in violation of Va. Code Ann. 18.2-308.2(A). Defendant appealed, arguing that he should have been convicted of only one continuous…
Date: November 1, 2012
Docket Number: 120261
Justia Opinion Summary: Respondent was convicted of aggravated sexual battery. Subsequently, Respondent was determined to be a sexually violent predator and ordered committed to the custody of the Department of Behavioral Health and Development…
Date: November 1, 2012
Docket Number: 120347
Justia Opinion Summary: Plaintiff sought coverage under his homeowners' insurance policy issued by Insurer for damages allegedly caused by sheets of drywall manufactured in China that were installed in his home during its construction. Insurer…
Date: November 1, 2012
Docket Number: 120348
Justia Opinion Summary: Nurse was fired by Doctor, her supervisor, after she refused his sexual advances. Nurse sued Doctor and her Employer, asserting claims for gender discrimination against Employer and wrongful discharge against Doctor and…
Date: November 1, 2012
Docket Number: 120394
Justia Opinion Summary: In this appeal, Appalachian Power Company (APCO) sought rate adjustment clause recovery of $33.3 million in environmental compliance costs that the State Corporation Commission denied. The Supreme Court reversed in part,…
Date: November 1, 2012
Docket Number: 120398
Justia Opinion Summary: The Judicial Inquiry and Review Commission filed the present complaint against Jacqueline Waymack, judge of the sixth judicial district, pursuant to the original jurisdiction of the Supreme Court. The Commission asserted…
Date: November 1, 2012
Docket Number: 120519
Justia Opinion Summary: These consolidated appeals arose from a final determination of the State Corporation Commission in a mandated biennial review of the rates, terms, and conditions for the provision of generation, distribution and…
Date: September 14, 2012
Docket Number: 101909
Justia Opinion Summary: Plaintiffs, Decedent's wife and estate, filed suit under general maritime law against John Crane, Inc. (JCI) seeking compensatory and punitive damages, alleging that Decedent, a former seaman, was exposed to asbestos…
Date: September 14, 2012
Docket Number: 110832
Justia Opinion Summary: Defendant was convicted of abduction with intent to defile and commission of a subsequent violent sexual assault and was sentenced to life imprisonment. Defendant appealed, contending that the trial court erred by…
Date: September 14, 2012
Docket Number: 111389
Justia Opinion Summary: Seaman filed this action to recover maintenance and cure and compensatory and punitive damages from his former employer (Employer), claiming that he suffered PTSD and depression as a result of being gang-raped by…
Date: September 14, 2012
Docket Number: 111661
Justia Opinion Summary: In this case the circuit court determined that Plaintiff, the prevailing party on both its claim for compensation under the contract and Defendant's counterclaim for Plaintiff's alleged breach of the contract, was…
Date: September 14, 2012
Docket Number: 111720
Justia Opinion Summary: These appeals presented the same question of law and were therefore considered together. The question presented involved the interplay between the Constitution of Virginia and Va. Code 18.2-308.2, relating to…
Date: September 14, 2012
Docket Number: 111869
Justia Opinion Summary: Plaintiff in this case was the widow of the Decedent, and Defendant was Virginia Surgical Associates. After discovery, Plaintiff took a voluntary nonsuit of her wrongful death action. Later, Plaintiff filed in the same…
Date: September 14, 2012
Docket Number: 111906
Justia Opinion Summary: These companion appeals arose out of a dispute between a government contractor, Preferred Systems Solutions, Inc. (PSS) and one of its subcontractors, GP Consulting, LLC (GP). PSS sued GP following GP's termination of…
Date: September 14, 2012
Docket Number: 111911
Justia Opinion Summary: Lloyd Tuttle Jr. appealed the circuit court's judgment holding that execution of a check payable to his wife, Grace Tuttle, excluded the funds from Grace's augmented estate and that therefore Lloyd's written consent or…
Date: September 14, 2012
Docket Number: 111912
Justia Opinion Summary: Virginia Polytechnic Institute and State University (VPI) and Prosper Financial (Prosper) entered into a research contract. The contract provided two addresses in Florida for Prosper. VPI subsequently filed a complaint…
Date: September 14, 2012
Docket Number: 111937
Justia Opinion Summary: Defendant entered an Alford plea of guilty to an indictment charging him with grand larceny. Before the sentencing order became final, Defendant filed a motion to withdraw his guilty plea. The court ultimately denied the…
Date: September 14, 2012
Docket Number: 111949
Justia Opinion Summary: Plaintiffs, owners of garaged lots in a subdivision, filed a complaint against the homeowners' association (HOA) alleging that the unequal treatment resulting from the HOA's assignment of parking spaces only to ungaraged…
Date: September 14, 2012
Docket Number: 112070
Justia Opinion Summary: At issue in this appeal was whether the circuit court erred in allowing Plaintiff to take a nonsuit as a matter of right pursuant to Va. Code Ann. 8.01-380(B) based on its determination that Plaintiff's prior voluntary…
Date: September 14, 2012
Docket Number: 112096
Justia Opinion Summary: In this personal injury action, Plaintiff sued Employer under the Jones Act for an injury to his back sustained in the course of his employment with Employer as a crew member aboard a commercial fishing vessel.…
Date: September 14, 2012
Docket Number: 112112
Justia Opinion Summary: In these appeals the Supreme Court considered whether the Virginia Constitution provides for a cause of action by a landowner for inverse condemnation when the allegation of the complaint is that the landowner's property…
Date: September 14, 2012
Docket Number: 112192
Justia Opinion Summary: Plaintiffs filed a complaint against Defendants, alleging common law trespass. Plaintiffs argued that by not developing their land in a reasonable manner, Defendants directed and caused storm water to flow upon…
Date: September 14, 2012
Docket Number: Combined case with Record No. 111720 </a><br></p> <p><a name="1111869_20120914"></a><a href="opinions/opnscvwp/1111869.pdf"> 111
Date: September 14, 2012
Docket Number: Combined case with Record No. 112112 </a><br></p> <p><a name="1112192_20120914"></a><a href="opinions/opnscvwp/1112192.pdf"> 112
Date: June 7, 2012
Docket Number: 101006
Justia Opinion Summary: Geoff Livingston and 134 other homeonwers or renters (collectively Plaintiffs) in a Fairfax County subdivision brought an inverse condemnation suit against the County and the Virginia Department of Transportation (VDOT)…
Date: June 7, 2012
Docket Number: 110113
Justia Opinion Summary: Rosa Steward leased a home from Holland Family Properties. Rosa's son Dontral suffered lead poisoning as a result of his exposure to high levels of lead paint, which caused severe physical and mental impairments.…
Date: June 7, 2012
Docket Number: 110114
Justia Opinion Summary: Perot Systems Government Services filed an amended complaint against Defendants, 21st Century Systems, Inc, and several individuals, alleging that Defendants, all of whom were former Perot employees, conspired for the…
Date: June 7, 2012
Docket Number: 110532
Justia Opinion Summary: Defendant was convicted in the circuit court of felony failure to stop at the scene of an accident. Defendant commenced her appeal by filing a timely notice of appeal, but the court reporter failed to file transcripts of…
Date: June 7, 2012
Docket Number: 110650
Justia Opinion Summary: Matthew Cline filed a complaint against Dunlora South, a private landowner on whose property the tree grew, for injuries he sustained when a tree fell on his vehicle as he was driving on a public highway. Cline alleged…
Date: June 7, 2012
Docket Number: 110820
Justia Opinion Summary: Jackson Ward Partners (JWP) owned real property in the City of Richmond. JWP filed an amended complaint in the circuit court for correction of erroneous tax assessments on the property for the tax years 2005-2008,…
Date: June 7, 2012
Docket Number: 111207
Justia Opinion Summary: Steven Funkhouser, administrator of the estate of Emily Funkhouser, brought this products liability action against Ford Motor Company and Obaugh Ford, Inc. (collectively "Ford") after his daughter, Emily, died from…
Date: June 7, 2012
Docket Number: 111300
Justia Opinion Summary: Kesha Napper, one of Kastle Systems' employees, slipped during work hours in the lobby of the building owned by Kastle. Napper filed suit alleging negligence against the janitorial services companies who cleaned the…
Date: June 7, 2012
Docket Number: 111314
Justia Opinion Summary: After his employment was terminated at Horizon House, Michael Ford filed a complaint against the three corporate employers vested with the authority to fire him, including the Horizon House homeowners association. James…
Date: June 7, 2012
Docket Number: 111377
Justia Opinion Summary: The Jared and Donna Murayama 1997 Trust sought damages arising from a settlement agreement between the Trust, its trustee Jared Murayama, and two of the defendants, NISC Holdings, LLC and Omen LLC, which transaction…
Date: June 7, 2012
Docket Number: 111396
Justia Opinion Summary: Plaintiff in this case was a Section Eight tenant in a property owned by Defendants. For reasons beyond her control, Plaintiff prematurely terminated her lease. Defendants retained Plaintiff's security deposit, and…
Date: June 7, 2012
Docket Number: 111406
Justia Opinion Summary: On his wife's complaint, Defendant was arrested and tried on a misdemeanor warrant for sending emails to his wife accusing his wife of engaging in sexual acts with other men and soliciting sex on Craigslist. Defendant…
Date: June 7, 2012
Docket Number: 111439
Justia Opinion Summary: Employee suffered an injury during the course of his employment. Employer agreed to voluntarily pay workers' compensation benefits, and the Workers Compensation Commission issued an award order approving the agreements…
Date: June 7, 2012
Docket Number: 111490
Justia Opinion Summary: MT Technology Enterprises, LLC filed an amended complaint against Cristol, LLC, several members of Cristol's board of managers, and an employee of Cristol, Cristol's attorney, and the attorney's firm, alleging, inter…
Date: June 7, 2012
Docket Number: 111492
Justia Opinion Summary: John Rives was arrested for using profane, threatening, or indecent language over public airways, a misdemeanor. Convicted in the general district court, Rives appealed to the circuit court where he was again convicted.…
Date: June 7, 2012
Docket Number: 111548
Justia Opinion Summary: Fred and Mary Ann Hart filed a complaint against Piney Meeting House Investments (PMH), alleging that PMH placed various obstructions in the Harts' easement area on PMH's property that interfered with the Harts' full use…
Date: June 7, 2012
Docket Number: 111563
Justia Opinion Summary: Defendant was indicted for aggravated malicious wounding and use of a firearm during an aggravated malicious wounding. During trial, the Commonwealth moved that the court declare a witness who claimed memory loss…
Date: June 7, 2012
Docket Number: 111569
Justia Opinion Summary: After a jury trial, Defendant was convicted of, inter alia, use of a firearm while committing burglary and participation in a criminal street gang. A divided panel of the court of appeals affirmed the convictions,…
Date: June 7, 2012
Docket Number: 111658
Justia Opinion Summary: In this case, Long Lane Associates Limited Partnership challenged ordinances adopted by the town council of the Town of Lessburg concerning property owned by an adjoining landowner. The challenged ordinances rezoned…
Date: June 7, 2012
Docket Number: 111771
Justia Opinion Summary: Scott and Martha Giordano were married and later separated. Scott was subsequently killed while working as an insulator in a building. Martha filed a claim for benefits with the Workers' Compensation Commission. The…
Date: June 7, 2012
Docket Number: 111805
Justia Opinion Summary: At issue in his case was whether the circuit court correctly determined that certain exchanges of e-mails between members of a local school board did not constitute a "meeting" within the meaning of Va. Code 2.2-3701…
Date: June 7, 2012
Docket Number: 111956
Justia Opinion Summary: Defendant Robert Charles Gleason, Jr. received two death sentences following pleas of guilty to capital murder in the killings of two fellow inmates, Harvey Grey Watson and Aaron Cooper. Although Defendant was found…
Date: May 4, 2012
Docket Number: 110349
Justia Opinion Summary: Matthew Thorpe was the owner of a self-storage facility and operated a side business that installed residential porch railings. While installing metal sheets on the roof of a customer's building, Thorpe fell through a…
Date: April 20, 2012
Docket Number: 100764
Justia Opinion Summary: The AES Corporation paid premiums to Steadfast Insurance Company for commercial general liability (CGL) policies. In February 2008, the village and city of Kivalina, a community located on an Alaskan barrier island,…
Date: April 20, 2012
Docket Number: 110380
Justia Opinion Summary: Nina and her brother Eddie Russell were co-trustees of several family trusts. The trust estate consisted of the interests held by Nina and Eddie as co-trustees in Russell Realty Associates (RRA), which was created by the…
Date: April 20, 2012
Docket Number: 110394
Justia Opinion Summary: Mary Arnold, who was injured in an automobile collision, brought a negligence action against the other driver, Jonathan Wallace, who was uninsured. Travelers Insurance Company, Arnold's carrier, defended the suit…
Date: April 20, 2012
Docket Number: 110410
Justia Opinion Summary: Professional Building Maintenance Corporation (PBM), which provides janitorial and industrial cleaning services, filed an amended complaint against the School Board of the County of Spotsylvania asserting causes of…
Date: April 20, 2012
Docket Number: 110433
Justia Opinion Summary: When Arvid and Lucy Keith were married, Arvid had a son from a previous marriage, Walter Keith (Keith), and Lucy had a daughter, Veronica Lulofs (Lulofs). Arvid and Lucy executed wills in 1987 that were mirror images of…
Date: April 20, 2012
Docket Number: 110485
Justia Opinion Summary: On May 21, 2008, Lisa Laws and Carmen Tinker (Plaintiffs) each filed a complaint against Calvin McIlroy, Jr. (McIlroy) and Calvin McIlroy, Sr. for damages arising out of a motor vehicle accident that occurred on June 8,…
Date: April 20, 2012
Docket Number: 110669
Justia Opinion Summary: PBM Nutritionals filed a declaratory judgment action against three insurance companies (collectively the Insurers) seeking insurance coverage for its loss resulting from infiltration of filter elements into the infant…
Date: April 20, 2012
Docket Number: 110692
Justia Opinion Summary: This case arose out of a dispute between two attorneys, John Cattano and Carolina Bragg, the only shareholders of Cattano Law Firm. Bragg filed an amended complaint including claims for a writ of mandamus for the copying…
Date: April 20, 2012
Docket Number: 110733
Justia Opinion Summary: Violet Seabolt filed a complaint against Albermarle County alleging that she was injured as a result of the County's gross negligence in maintaining a public park. The County filed a demurrer to gross negligence and a…
Date: April 20, 2012
Docket Number: 110754
Justia Opinion Summary: These companion appeals arose out of a personal-injury suit brought by a former high school student who was injured in a fight with another student on school grounds. On the morning of the fight, an assistant principal…
Date: April 20, 2012
Docket Number: 110849
Justia Opinion Summary: Summit Group Properties, LLC (Summit) sued Orthopedic & Sports Physical Therapy Associates (OSPTA) and its partners for breach of lease and damages. OSPTA filed a counterclaim in which it alleged fraud in the inducement…
Date: April 20, 2012
Docket Number: 110967
Justia Opinion Summary: The Mathewses conveyed a parcel of land by deed of trust to a credit union to secure a promissory note. PHH Mortgage Corporation subsequently became the holder of the note and the beneficiary of the deed of trust. After…
Date: April 20, 2012
Docket Number: 111067
Justia Opinion Summary: A developer contracted with B&R Construction Management (B&R) for the demolition a redevelopment and housing authority facility (hereafter referred to as the Contract). B&R subcontracted some of the demolition work to…
Date: April 20, 2012
Docket Number: 111144
Justia Opinion Summary: Appellants in this case were several individuals comprising the Committee of Petitioners of the Buckroe Beach Bayfront Park Petition (the Committee). The Committee filed a complaint against POH 2010 LLC (POH) and the…
Date: April 20, 2012
Docket Number: 111497
Justia Opinion Summary: The U.S. district court certified questions of law to the Supreme Court concerning Virginia law. The questions arose out of a suit filed by John Wyatt, who sought monetary damages for the unauthorized adoption of his…
Date: March 2, 2012
Docket Number: 091615
Justia Opinion Summary: Thomas Porter was convicted in the circuit court of the capital murder of a law enforcement officer, use of a firearm in the commission of a felony, and grand larceny. The trial court sentenced Porter to death plus…
Date: March 2, 2012
Docket Number: 101909
Justia Opinion Summary: Robert Hardick, a Navy sailor, filed suit under general maritime law against John Crane, Inc. (JCI) seeking compensatory and punitive damages, alleging that he was exposed to asbestos contained in products manufactured…
Date: March 2, 2012
Docket Number: 102138
Justia Opinion Summary: During the course of his employment as a police officer for the Town of Abingdon, Kevin Christy suffered injuries from an automobile accident. Christy was insured under an automobile liability insurance policy issued by…
Date: March 2, 2012
Docket Number: 102144
Justia Opinion Summary: On February 5, 2009, Plaintiff filed a complaint against Defendant doctor, alleging that he committed medical malpractice during his treatment of her. On February 5, 2010, Plaintiff filed a motion asking the circuit…
Date: March 2, 2012
Docket Number: 102176
Justia Opinion Summary: Namina Barber was a passenger in an automobile that was hit by a vehicle driven by Billy Wakole. As a result of her injuries Barber brought an action against Wakole, who admitted liability for the accident but disputed…
Date: March 2, 2012
Docket Number: 102196
Justia Opinion Summary: Rappahannock Goodwill Industries (RGI) enterd into an agreement with Specialty Hospitals of Washington. When Specialty Hospitals failed to perform under the agreement, RGI filed a complaint against Specialty Hospitals,…
Date: March 2, 2012
Docket Number: 102270
Justia Opinion Summary: After Jennifer Bing was arrested on suspicion of drug possession and distribution, a lieutenant conducted a full cavity search on Bing. Almost two years later, Bing filed a complaint against several law enforcement…
Date: March 2, 2012
Docket Number: 102342
Justia Opinion Summary: Norfolk Redevelopment and Housing Authority (NRHA) filed a complaint against the St. Joe Company and Advantis Real Estate Services Company alleging unjust enrichment and seeking imposition of a constructive trust and…
Date: March 2, 2012
Docket Number: 102359
Justia Opinion Summary: This case arose from two civil investigative demands (CIDs) issued to the University of Virginia and the Rector and Visitors of the University of Virginia (collectively, UVA) by the attorney general, pursuant to the…
Date: March 2, 2012
Docket Number: 102360
Justia Opinion Summary: James Blaxton was convicted in 1989 of rape, forcible sodomy and attempted sodomy. In 2008, the Commonwealth filed a petition seeking Blaxton's civil commitment as a sexually violent predator. The trial court found that…
Date: March 2, 2012
Docket Number: 102409
Justia Opinion Summary: SunTrust Bank and Richmond Redevelopment and Housing Authority (RRHA) owned two properties in the City of Richmond as tenants in common. The RRHA was exempt from taxation but SunTrust was not. In 2009, the City…
Date: March 2, 2012
Docket Number: 102416
Justia Opinion Summary: Maritess Lopez died from aspiration pneumonia secondary to a surgery performed by Dr. Matthew Galumbeck. Plaintiff, Lopez's husband, brought a wrongful-death action against Galumbeck, another doctor, and Plastic Surgery…
Date: March 2, 2012
Docket Number: 110187
Justia Opinion Summary: Gerald T. Dixon, Jr., LLC retained Hassell & Folkes to survey and mark the boundary lines of a parcel Dixon owned. After completion of the survey, Dixon conveyed the parcel to Brat Development, which began construction…
Date: March 2, 2012
Docket Number: 110323
Justia Opinion Summary: Brenda Collins filed a motion for judgment against Verbena Askew, a former circuit court judge, among others, alleging defamation, conspiracy and breach of contract. Collins settled with the other defendants, and the…
Date: March 2, 2012
Docket Number: 110348
Justia Opinion Summary: Su, a citizen of the People's Republic of China, was accepted by the Virginia Commonwealth University (VCU) after attending high school in Minnesota. At the time Su matriculated at VCU, he was classified as an…
Date: March 2, 2012
Docket Number: 110523
Justia Opinion Summary: When he was fifteen years old, E.C. pled guilty to breaking and entering and rape. After E.C. was released from custody and placed under parole supervision, a team of attorneys filed a petition for a writ of habeas…
Date: March 2, 2012
Docket Number: 110711
Justia Opinion Summary: Patricia LaCava was convicted in the circuit court of two counts of embezzlement. LaCava commenced her appeal pro se. LaCava filed a timely notice of appeal and asked the court reporter to order transcripts of the trial…
Date: March 2, 2012
Docket Number: 110818
Justia Opinion Summary: Defendant Jean Enriquez was found in a drunken condition in a parked motor vehicle with the keys in the ignition switch. Defendant was subsequently convicted of driving or operating a motor vehicle while under the…
Date: March 2, 2012
Docket Number: 111297
Justia Opinion Summary: Defendant pled guilty to attempted rape, a felony. Defendant's sentencing order contained a provision stating that the sentencing court would reduce the conviction from a felony to a misdemeanor following Defendant's…
Date: March 2, 2012
Docket Number: 111394
Justia Opinion Summary: First American Title Insurance Company (FATIC) provided title insurance for a mortgage refinancing to SunTrust Mortgage through FATIC's title agent, First Alliance. First Alliance subsequently obtained a $100,000 surety…
Date: March 2, 2012
Docket Number: 111438
Justia Opinion Summary: A putative class action was filed in the U.S. District Court. The representative plaintiffs in the class action asserted claims of strict liability, negligence and medical monitoring against Merck & Co., Inc. Class…
Date: January 13, 2012
Docket Number: 101168
Justia Opinion Summary: In this action, the trial court granted summary judgment against a locality, holding it liable to landowners under the State Water Control Law, Va. Code Ann. 62.1-44.2 through -44.34:28, in particular Code…
Date: January 13, 2012
Docket Number: 101352
Justia Opinion Summary: Jean Moreau & Associates brought this suit against the Health Center Commission for the County of Chesterfield (HCC), a municipal corporation, seeking a declaratory judgment and alleging claims for breach of contract and…
Date: January 13, 2012
Docket Number: 101408
Justia Opinion Summary: Hugh Britt, an employee of CP&O, LLC, was fatally injured while loading and unloading cargo at the Norfolk International Terminals (NIT) when a straddle carrier that Orion Parker, a stevedore employed by VIT, was…
Date: January 13, 2012
Docket Number: 101411
Justia Opinion Summary: Geographic Services, Inc. (GSI) hired Anthony Collelo for work that exposed Collelo to confidential information and alleged trade secrets. GSI and Collelo executed an employment agreement that included a non-disclosure…
Date: January 13, 2012
Docket Number: 101476
Justia Opinion Summary: At issue in this case was whether the court of appeals erred in (1) reversing a circuit court's judgment and applying the arbitrary and capricious standard of review to the State Water Control Board's decision to reissue…
Date: January 13, 2012
Docket Number: 101630
Justia Opinion Summary: An unincorporated association purporting to represent the general public filed a complaint for injunctive relief against several property owners, alleging that the property owners blocked access to a public road by the…
Date: January 13, 2012
Docket Number: 101761
Justia Opinion Summary: Linda Eberhardt, an employee of the Fairfax County School Board and a member of the Fairfax County Employees' Retirement Systems (FCERS), was injured during the course of her employment. Eberhardt applied for…
Date: January 13, 2012
Docket Number: 101831
Justia Opinion Summary: Albemarle County enacted a zoning ordinance governing construction on slopes within the county. Under the waiver provision of the county code, the planning commission was authorized to grant a waiver from the…
Date: January 13, 2012
Docket Number: 101836
Justia Opinion Summary: Plaintiffs, Northern Virginia Real Estate and its principal broker, Lauren Kivlighan, filed an eight-count second amended complaint against McEnearney Associates, its real estate agent Karen Martins, and David and Donna…
Date: January 13, 2012
Docket Number: 101901
Justia Opinion Summary: After the decedent's death, the decedent's daughter probated her 2008 will and qualified as executor for the will. The decedent's remaining children sued the daughter to challenge the will. The trial court ruled that the…
Date: January 13, 2012
Docket Number: 101902
Justia Opinion Summary: Employee was injured while working for Employer's sheep and wool business, Cestari. Employer failed to maintain workers' compensation insurance for Cestari. Employee filed a workers' compensation claim against Employer…
Date: January 13, 2012
Docket Number: 102042
Justia Opinion Summary: Judy Maretta, as the named beneficiary of a Federal Employees' Group Life Insurance (FEGLI) policy, received FEGLI benefits upon the death of her ex-husband. Jacqueline Hillman, the widow of the deceased, filed an action…
Date: January 13, 2012
Docket Number: 110067
Justia Opinion Summary: At issue in this appeal was whether a bail bondsman licensed in another state but not in Virginia had the authority to enter Virginia and apprehend a fugitive bailee. In a bench trial, Defendant, an out-of-state bail…
Date: January 13, 2012
Docket Number: 110100
Justia Opinion Summary: Pursuant to a guilty plea, Steven DeMille was convicted of rape. Before DeMille's release from incarceration, the attorney general filed a petition seeking the civil commitment of DeMille as a sexually violent predator.…
Date: January 13, 2012
Docket Number: 110263
Justia Opinion Summary: At a bench trial, the circuit court found Curtis Branham guilty of possession of cocaine with intent to distribute. The court of appeals affirmed. Branham appealed, arguing that the circuit court erred in denying his…
Date: January 13, 2012
Docket Number: 110402
Justia Opinion Summary: Defendant Roger Stevens was found guilty of, among other crimes, two counts of murder, two counts of use of a firearm in the commission of murder, conspiracy to commit robbery, and malicious bodily injury. The court of…
Date: January 13, 2012
Docket Number: 110552
Justia Opinion Summary: Mark Lahey was convicted of two counts of attempted first degree murder. The court of appeals and Supreme Court refused Lahey's petitions for appeal. Lahey subsequently filed a petition for a writ of habeas corpus. Lahey…
Date: January 13, 2012
Docket Number: 110599
Justia Opinion Summary: In 1994, Michael Haas was convicted at a bench trial in the circuit court of sodomy committed upon his two sons in 1992 and 1993, when they were eleven and nine years of age, respectively. After Haas' petition for writ…
Date: January 13, 2012
Docket Number: 110632
Justia Opinion Summary: The Supreme Court upheld two capital murder convictions against Alfredo Rolando Prieto as well as convictions for rape, grand larceny, and two counts of felonious use of a firearm. The Court remanded for resentencing…
Date: January 13, 2012
Docket Number: 110775
Justia Opinion Summary: Following a bench trial, the circuit court found Jerrod Quarles guilty of robbery and conspiracy to commit robbery. The court of appeals reversed, holding that the circuit court erred in denying Quarles' motion to…
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