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250618
Pinnacle Flooring Solutions v. Premier Homes Group
2026-07-30T00:00:00
After winning at trial on its counterclaim, a home construction company sought to recover its attorney fees from the subcontractor who undertook to provide materials and install flooring in three homes. The trial court denied the request for attorney fees, finding that the builder had not sufficiently identified the ba...
https://www.vacourts.gov/opinions/opnscvwp/1250618.pdf
pdfs\250618_c5cfdf15.pdf
251120
Leiser v. Virginia State Bar
2026-07-23T00:00:00
A Virginia attorney appeals from an order of a three-judge circuit court finding that he violated Rules of Professional Conduct 8.2 and 8.4(b) and suspending his license to practice law in the Commonwealth of Virginia for a period of three years. For the reasons detailed in this opinion, the judgment of the three-judge...
https://www.vacourts.gov/opinions/opnscvwp/1251120.pdf
pdfs\251120_40a4d0d1.pdf
251193
City of Hopewell v. Shree Arihant Motel, Inc.
2026-07-16T00:00:00
In this interlocutory appeal, the City of Hopewell (the "City") contends that it is immune from certain claims arising from the controlled burning of a vacant shopping center by local fire departments. This Court agrees with the City. For the reasons explained in the present opinion, the judgment denying the City's ple...
https://www.vacourts.gov/opinions/opnscvwp/1251193.pdf
pdfs\251193_32ad781b.pdf
250487
Commonwealth v. Mahoney
2026-06-11T00:00:00
A jury found appellant guilty of second-degree murder, maliciously shooting at an occupied vehicle, and use of a firearm in the commission of murder. This defendant, who the Commonwealth concedes did not shoot the decedent, was charged as a principal in the second degree; the shooter was never identified. Before the Co...
https://www.vacourts.gov/opinions/opnscvwp/1250487.pdf
pdfs\250487_60beebb4.pdf
250174
Antle v. Commonwealth
2026-06-04T00:00:00
Defendant was convicted of two counts of purchasing lion cubs, in violation of Code §§ 29.1-564 and 29.1-567, and two counts of conspiring to sell or purchase lion cubs, in violation of Code §§ 29.1-505.1, 29.1-564, and 29.1-567. The Court of Appeals reversed his convictions for purchasing lion cubs but affirmed th...
https://www.vacourts.gov/opinions/opnscvwp/1250174.pdf
pdfs\250174_e2ae08e1.pdf
250303
Shalom Presbyterian Church of Washington v. Atlantic Korean American Presbytery
2026-06-04T00:00:00
Shalom Presbyterian Church of Washington, Inc. and Pastor Bo Chang Seo appeal a decision of the Court of Appeals reversing the grant of summary judgment that the circuit court rendered in their favor in a dispute with the Atlantic Korean American Presbytery over the relationship between the parties and the effect of th...
https://www.vacourts.gov/opinions/opnscvwp/1250303.pdf
pdfs\250303_c926cf39.pdf
251004
Wessel v. Virginia State Bar
2026-06-04T00:00:00
In an attorney discipline case initiated by the Virginia State bar, the facts demonstrate that the attorney misled his client in a personal injury matter order to maintain control over her case and ultimately enrich himself. Even after he was terminated, the attorney tried to influence the distribution of settlement fu...
https://www.vacourts.gov/opinions/opnscvwp/1251004.pdf
pdfs\251004_e754b57a.pdf
250430
EQT Production Co. v. County of Wise
2026-05-21T00:00:00
In an appeal from the Court of Appeals' decision to uphold the tax assessment of the taxpayers' mineral lands, the judgment is reversed. The General Assembly has permitted three different avenues for localities to tax mineral lands, they may either: 1) directly assess the fair market value of the entire property pursua...
https://www.vacourts.gov/opinions/opnscvwp/1250430.pdf
pdfs\250430_88e9bc85.pdf
260127
Scott v. McDougle
2026-05-08T00:00:00
On March 6, 2026, the General Assembly of Virginia submitted to Virginia voters a proposed constitutional amendment authorizing partisan gerrymandering of congressional districts in the Commonwealth. In the present opinion, the Supreme Court holds that the legislative process employed to advance this proposal violated ...
https://www.vacourts.gov/opinions/opnscvwp/1260127.pdf
pdfs\260127_8566f319.pdf
250176
Commonwealth v. Richerson
2026-04-23T00:00:00
In an appeal considering whether the Court of Appeals erred in determining that the evidence was insufficient to sustain a conviction for driving while intoxicated, there was sufficient circumstantial evidence to support this defendant's DUI conviction, and there was no evidence to contradict the testimony of the offic...
https://www.vacourts.gov/opinions/opnscvwp/1250176.pdf
pdfs\250176_5a03f261.pdf
250213
Butcher, et al. v. General R.V. Center, Inc., et al.
2026-04-23T00:00:00
In a proceeding to recover attorney fees incurred in an action against the manufacturer and dealer of a defective recreational vehicle, the trial court awarded plaintiffs their attorney fees for time spent pursuing and settling their underlying claims related to the vehicle but denied recovery of fees related to the li...
https://www.vacourts.gov/opinions/opnscvwp/1250213.pdf
pdfs\250213_2773542d.pdf
250302
Fergeson v. Commonwealth (ORDER)
2026-04-23T00:00:00
Because the plain language of Code § 18.2-369(C) unambiguously applies to the impairment of the victim in this case, it is unnecessary to resort to canons of statutory construction, including the rule of lenity. Thus, the trial court's interpretation of Code § 18.2-369(C) was correct here, and its judgment was not pl...
https://www.vacourts.gov/opinions/opnscvwp/1250302.pdf
pdfs\250302_5752c523.pdf
250359
Commonwealth v. Fayne
2026-04-23T00:00:00
In an appeal involving statements that a defendant made while he was in police custody, the Court of Appeals concluded that the police had impermissibly obtained the statements at issue after the defendant requested counsel. When an impermissible post-invocation interrogation ends and the suspect thereafter initiates a...
https://www.vacourts.gov/opinions/opnscvwp/1250359.pdf
pdfs\250359_07ad08d4.pdf
241104
Cuffee v. Commonwealth
2026-04-16T00:00:00
In a prosecution for possession of fentanyl with the intent to distribute, third or subsequent offense, on the defendant's appeal arguing that the Commonwealth's evidence was insufficient to prove that he knew that one of the substances he possessed was a mixture containing fentanyl, the judgment of the Court of Appeal...
https://www.vacourts.gov/opinions/opnscvwp/1241104.pdf
pdfs\241104_8a4c4d25.pdf
250267
Commonwealth v. Knight-Walker
2026-04-16T00:00:00
After a police officer stopped defendant on suspicion of driving on a suspended license, he inquired about the presence of drugs or weapons in the car. The questions took approximately twelve seconds. A divided panel of the Court of Appeals held that these questions impermissibly extended the traffic stop in violation ...
https://www.vacourts.gov/opinions/opnscvwp/1250267.pdf
pdfs\250267_8b7455aa.pdf
250365
Blow v. Commonwealth
2026-04-16T00:00:00
After an undercover law-enforcement officer performed a controlled drug transaction with the defendant at a clothing store, officers obtained a warrant for his arrest and a search warrant for the store. Upon executing the warrant, officers discovered more marijuana and firearms inside the store. On appeal, the defendan...
https://www.vacourts.gov/opinions/opnscvwp/1250365.pdf
pdfs\250365_d4839ef7.pdf
250128
Thibault Enterprises, LLC v. Yost
2026-04-09T00:00:00
The plaintiff relies on an easement for ingress and egress to reach their home over a gravel road pursuant to an easement a specific width of 50 feet wide, over the land of the defendant-appellees. After the defendants placed some fencing, vines, and occasionally other objects, such as hay bales, within the width of th...
https://www.vacourts.gov/opinions/opnscvwp/1250128.pdf
pdfs\250128_1a6ef7f2.pdf
250142
Stevens v. Jurnigan
2026-04-09T00:00:00
In a case where the complaint asserted claims based on sexual abuse that occurred from 1993-2000, when the plaintiff was between 8 and 15 years old, the Circuit Court of Sussex County granted the appellants' pleas in bar under the then-applicable statute of limitation, after considering deposition testimony and documen...
https://www.vacourts.gov/opinions/opnscvwp/1250142.pdf
pdfs\250142_be3df47f.pdf
240844
Commonwealth v. Moncrea
2026-04-02T00:00:00
The Commonwealth appeals from a judgment of the Court of Appeals finding the appellant's sentencing order void ab initio. The Commonwealth argues that the purported error in the sentencing order is merely voidable and that appellant's failure to object to the sentencing order precludes him from challenging the sentenci...
https://www.vacourts.gov/opinions/opnscvwp/1240844.pdf
pdfs\240844_1804f8d3.pdf
250902
Cupp v. Delta Air Lines, Inc.
2026-04-02T00:00:00
The United States Court of Appeals for the Fourth Circuit entered a certification order asking the Supreme Court of Virginia to answer a determinative question of Virginia law presented in Cupp v. Delta Air Lines, Inc., 154 F.4th 178 (4th Cir. 2025). Pursuant to Article VI, Section 1 of the Constitution of Virginia and...
https://www.vacourts.gov/opinions/opnscvwp/1250902.pdf
pdfs\250902_23e30cf1.pdf
250724
Lee v. Virginia State Bar
2026-03-19T00:00:00
A three-judge circuit court found that an attorney violated the Virginia Rules of Professional Conduct (the "Disciplinary Rules") by knowingly withholding exculpatory evidence from a criminal defendant. The attorney argues that the Virginia State Bar subcommittee that certified the ethics complaint had improper notice ...
https://www.vacourts.gov/opinions/opnscvwp/1250724.pdf
pdfs\250724_a7c626e2.pdf
260169
Koski v. Republican National Committee (ORDER)
2026-03-17T00:00:00
Upon an "Emergency Motion to Clarify the Court's Stay Order," seeking clarification of the order entered in this case on March 4, 2026, the motion asks this Court to clarify its order "by directing the Circuit Court to enter final judgment immediately" or "by consolidating this case with [Scott v. McDougle, Record No. ...
https://www.vacourts.gov/opinions/opnscvwp/1260169d.pdf
pdfs\260169_73a567dc.pdf
240960
Perkins v. Howington
2026-03-12T00:00:00
A child's biological mother appeals a decision of the Court of Appeals affirming a circuit court order granting a petition filed by the child's stepmother seeking to adopt the child without mother's consent. The lower courts found that mother's consent was not required pursuant to Code § 63.2-1202(H). The judgment of ...
https://www.vacourts.gov/opinions/opnscvwp/1240960.pdf
pdfs\240960_7148a923.pdf
260169
Koski v. Republican National Committee (ORDER)
2026-03-04T00:00:00
A petition seeks to stay a temporary restraining order (TRO) enjoining election officials from taking action on a referendum or otherwise moving forward with an election on a proposed constitutional amendment. The petition is granted and the TRO is stayed until further order of this Court. Courts of equity will not, wi...
https://www.vacourts.gov/opinions/opnscvwp/1260169.pdf
pdfs\260169_924fb087.pdf
250094
Garofalo v. Di Vincenzo
2026-02-26T00:00:00
The present decision, a matter of first impression, defines the standard for "evident partiality" as a ground for vacating an arbitration award under the Virginia Uniform Arbitration Act ("VUAA"), Code § 8.01 581.010(2). The Court holds that a party seeking vacatur for evident partiality must objectively demonstrate t...
https://www.vacourts.gov/opinions/opnscvwp/1250094.pdf
pdfs\250094_aa5947a5.pdf
250671
Sentara Medical Group v. Klena
2026-02-26T00:00:00
Appellant challenges a judgment of the circuit court sustaining a plea of sovereign immunity filed by a separately incorporated subsidiary of the Chesapeake Hospital Authority (the "Authority") in response to claims for breach of contract and tortious interference with appellant's employment agreement with one of its p...
https://www.vacourts.gov/opinions/opnscvwp/1250671.pdf
pdfs\250671_ad4ed38c.pdf
250492
Lansdowne Conservancy v. SCC, et al.
2026-02-19T00:00:00
The State Corporation Commission approved two applications filed by Virginia Electric and Power Company ("VEPCO") for certificates of public convenience and necessity ("CPCNs") for projects proposing the construction of high-voltage overhead electrical transmission lines in Loudoun County. Loudoun County and Lansdowne ...
https://www.vacourts.gov/opinions/opnscvwp/1250492.pdf
pdfs\250492_18584223.pdf
250586
Commonwealth v. Mattocks
2026-02-19T00:00:00
A group of employees filed an action against the Commonwealth and the Department of Corrections, seeking to recover for unpaid overtime under a statute enacted in 2021 providing a right for such recovery. When the General Assembly comprehensively overhauled the statute shortly after its enactment, however, it repealed ...
https://www.vacourts.gov/opinions/opnscvwp/1250586.pdf
pdfs\250586_7d30c4c6.pdf
240707
Mast, et al. v. A.A., et al.
2026-02-12T00:00:00
Because a final order issued by a Virginia circuit court in 2020 is final by application of Code § 63.2-1216, which states in pertinent part that "[a]fter the expiration of six months from the date of entry of any final order of adoption . . . , the validity thereof shall not be subject to attack in any proceedings, c...
https://www.vacourts.gov/opinions/opnscvwp/1240707.pdf
pdfs\240707_0f82e325.pdf
240824
Keil v. O'Sullivan
2026-02-12T00:00:00
In an action by a sheriff's deputy seeking production of records under the Virginia Freedom of Information Act and the Government Data Collection and Dissemination Practices Act, some of the requested records were produced; some were not. The circuit court and Court of Appeals rejected the deputy's requests for product...
https://www.vacourts.gov/opinions/opnscvwp/1240824.pdf
pdfs\240824_2b258f0f.pdf
241067
Norwood v. Commonwealth (ORDER)
2026-02-12T00:00:00
The Court is of the opinion that there is no reversible error and affirms the judgment of the Court of Appeals for the reasons stated in Norwood v. Commonwealth, No. 1741-23-3, 2024 Va. App. LEXIS 650 (Nov. 12, 2024).
https://www.vacourts.gov/opinions/opnscvwp/1241067.pdf
pdfs\241067_9193a972.pdf
240736
Appian Corporation v. Pegasystems
2026-01-08T00:00:00
In an appeal from a judgment of the Court of Appeals reversing a jury verdict awarding over $2 billion in damages in favor of a software company against a competitor based on its claims for misappropriation of trade secrets under the Virginia Uniform Trade Secrets Act ("VUTSA"), Code § 59.1-336 et seq., the evidence p...
https://www.vacourts.gov/opinions/opnscvwp/1240736.pdf
pdfs\240736_537be878.pdf
241092
Groundworks Operations, LLC v. Campbell
2025-12-30T00:00:00
The language of the Virginia wage theft statute, Code § 40.1-29, specifically lists wages and salaries, but it does not expressly apply to commissions, and its context does not support an interpretation that extends the statute's protections to commissions. Resting its contrary conclusion on the remedial purpose of th...
https://www.vacourts.gov/opinions/opnscvwp/1241092.pdf
pdfs\241092_f940420a.pdf
250019
Cothran v. Jauregui
2025-12-30T00:00:00
In a medical malpractice claim, the Court of Appeals erred in reversing the trial court's ruling sustaining the defendant physician's plea in bar asserting that the statute of limitations barred the claim. Although there was a possibility that plaintiff might return to see the physician at some unknown point in the fut...
https://www.vacourts.gov/opinions/opnscvwp/1250019.pdf
pdfs\250019_f8f430f4.pdf
240316
In Re: Hargrove
2025-12-18T00:00:00
In 1991, a jury found this petitioner guilty of the rape, sexual abuse, and abduction, and the circuit court sentenced him to 50 years' imprisonment. Over three decades later, in this proceeding he petitions for a writ of actual innocence under Code § 19.2-327.2 et seq., contending that his innocence is established by...
https://www.vacourts.gov/opinions/opnscvwp/1240316.pdf
pdfs\240316_fdd1d9c6.pdf
240814
Commonwealth v. Brawner (ORDER)
2025-12-18T00:00:00
In a probation revocation proceeding, the circuit court issued a show cause to a probationer, based on failure to pay court costs. Following a hearing, the circuit court found that he was in violation of the conditions of probation, but the Court of Appeals reversed, emphasizing certain statements by the circuit court,...
https://www.vacourts.gov/opinions/opnscvwp/1240814.pdf
pdfs\240814_9f1e86d8.pdf
241064
Ingleside v. Hollis
2025-12-18T00:00:00
In an interlocutory appeal brought by medical staffing companies concerning a physician-plaintiff's claim against them under the Virginia Whistleblower Protection Act, Code § 40.1-27.3, the Court of Appeals erred in affirming the denial of their plea in bar to that claim because the alleged retaliatory action taken ag...
https://www.vacourts.gov/opinions/opnscvwp/1241064.pdf
pdfs\241064_64cda58e.pdf
240823
Williams v. Rappahannock Cnty BOS (ORDER)
2025-12-11T00:00:00
Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that the appellants are not aggrieved by the judgment of the Court of Appeals as that term is defined by Commonwealth v. Harley, 256 Va. 216 (1998) and dismisses the above-styled appeal with prejudice.
https://www.vacourts.gov/opinions/opnscvwp/1240823.pdf
pdfs\240823_d334d326.pdf
240830
BOS Rappahannock Cnty v. Williams (ORDER)
2025-12-11T00:00:00
Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is no reversible error in the judgment of the Court of Appeals. Accordingly, the Court affirms the judgment of the Court of Appeals for the reasons stated in Williams v. Rappahannock Cnty Bd. of Supervisors, 81 Va....
https://www.vacourts.gov/opinions/opnscvwp/1240830.pdf
pdfs\240830_8871bcc7.pdf
240930
Ellis v. Jolley
2025-12-11T00:00:00
Concerning a personal injury suit premised on negligence arising out of the collision of a city trash truck and a private vehicle in routine traffic, the Court of Appeals erred in determining that sovereign immunity did not protect the city against the plaintiff's negligence claims but was correct in determining that t...
https://www.vacourts.gov/opinions/opnscvwp/1240930.pdf
pdfs\240930_ad736f24.pdf
240794
Doe v. Green
2025-11-26T00:00:00
On appeal in a case alleging sexual abuse during the minority of a minor plaintiff, the arguments that the Court of Appeals failed to consider the General Assembly's intention to apply the 2021 accrual statute governing such claims retroactively, and the further claims that -- even if the Court of Appeals was correct w...
https://www.vacourts.gov/opinions/opnscvwp/1240794.pdf
pdfs\240794_cf1a2d46.pdf
250319
Knudsen v. Taylor (ORDER)
2025-11-26T00:00:00
Upon consideration of a petition under Code § 8.01-670.2, in which the legislature delineated appellate jurisdiction over this type of direct appeal, a review of the record here reveals no circuit court order denying a plea in bar alleging sovereign immunity. Therefore, lacking in jurisdiction over the petition for re...
https://www.vacourts.gov/opinions/opnscvwp/1250319.pdf
pdfs\250319_4ebc55f5.pdf
240843
Commonwealth v. Jackson
2025-11-20T00:00:00
In a probation revocation proceeding, a circuit court found that the probationer violated terms of probation terms and suspension conditions imposed regarding one of his 20 felony convictions and one of his seven misdemeanor convictions. During the hearing, the court twice stated that one resentencing factor it conside...
https://www.vacourts.gov/opinions/opnscvwp/1240843.pdf
pdfs\240843_36fe2cff.pdf
240772
Ticonderoga Farms, LLC v. Knop
2025-11-06T00:00:00
The appellant LLC and its majority member appeal a decision of the Court of Appeals affirming two circuit court rulings in favor of the appellees, both individually and as trustees of a trust. Specifically, appellants assert that the Court of Appeals erred in affirming the circuit court's denial of an application for j...
https://www.vacourts.gov/opinions/opnscvwp/1240772.pdf
pdfs\240772_b30e939d.pdf
250150
Pollack v. Virginia State Bar
2025-10-16T00:00:00
In an attorney's appeal from an order of a three-judge panel revoking his license to practice law based on its conclusions that the attorney violated several of the Rules of Professional Conduct, including Rule 3.3(a)(1), which governs an attorney's duty of candor towards a tribunal; Rule 4.1(a), which regulates truthf...
https://www.vacourts.gov/opinions/opnscvwp/1250150.pdf
pdfs\250150_40938280.pdf
250246
Brooks-Buck v. Wahlstrom
2025-10-16T00:00:00
The decision of the circuit court overruling demurrers by the appellants to a complaint alleging defamation and defamation per se, is affirmed and the case is remanded for further proceedings. The contentions of appellants, relying on common law and statutory immunity principles, are rejected. Code § 15.2-1405 states ...
https://www.vacourts.gov/opinions/opnscvwp/1250246.pdf
pdfs\250246_48f59511.pdf
240394
Orndoff v. Commonwealth
2025-09-25T00:00:00
Appellant testified at a criminal jury trial as a witness for the Commonwealth. The circuit court held her in summary criminal contempt pursuant to Code § 18.2-456 for "misbehavior in the presence of the court" on the basis that she was intoxicated and sentenced her to ten days in jail. On appeal, among other issues, ...
https://www.vacourts.gov/opinions/opnscvwp/1240394.pdf
pdfs\240394_60124377.pdf
240310
Commonwealth v. Hubbard
2025-09-11T00:00:00
After denying a motion to suppress, the trial court convicted the present defendant of possession with intent to distribute cocaine. The Court of Appeals vacated the conviction, holding that the trial court had erred in denying the defendant's motion to suppress. Disagreeing with the Court of Appeals, this Court revers...
https://www.vacourts.gov/opinions/opnscvwp/1240310.pdf
pdfs\240310_010d2720.pdf
241016
Swango v. Virginia State Bar
2025-07-31T00:00:00
A Virginia-licensed attorney charged two clients what he characterized as a non-refundable $300 consultation fee. The first individual attempted to cancel his consultation the day of the scheduled meeting because he no longer needed the attorney's services. The second individual simply missed his meeting. Despite the f...
https://www.vacourts.gov/opinions/opnscvwp/1241016.pdf
pdfs\241016_ef25e74e.pdf
250002
Toll Road Investors Partnership II v. SCC
2025-07-17T00:00:00
A toll road investor partnership, operator of a toll road in Loudoun County, appeals from a decision of the State Corporation Commission denying a toll increase. It contends that the Commission misapplied the relevant statutory criteria and, further, that denying it a toll increase would constitute an uncompensated tak...
https://www.vacourts.gov/opinions/opnscvwp/1250002.pdf
pdfs\250002_6c6e44dd.pdf
240450
Harris v. Joplin
2025-06-12T00:00:00
In an appeal from a circuit court's decision to admit extrinsic evidence to prove the contents of an illegible liability-release contract, a panel of the Court of Appeals misstated the burden of proof, applied an incorrect standard of review, and engaged in its own factfinding and ensuing weighing of the evidence. This...
https://www.vacourts.gov/opinions/opnscvwp/1240450.pdf
pdfs\240450_d3b09d8d.pdf
240294
Commonwealth v. Kartozia
2025-06-05T00:00:00
In an appeal considering whether the circuit court erred in denying a jury instruction, proposed by the defendant, regarding a good-faith claim-of-right defense to a trespassing charge, there is no evidence that the defendant harbored a good-faith belief that he was entitled to remain on the condominium property where ...
https://www.vacourts.gov/opinions/opnscvwp/1240294.pdf
pdfs\240294_42c0e7fc.pdf
240326
Commonwealth v. Paxton
2025-05-29T00:00:00
Considering the Commonwealth's appeal from the decision of the Court of Appeals reversing the defendant's convictions for second-degree murder and use of a firearm in the commission of murder, premised upon its view that that the trial court's error in denying the defendant's motion to suppress incriminating statements...
https://www.vacourts.gov/opinions/opnscvwp/1240326.pdf
pdfs\240326_f8f50f76.pdf
240683
Under Wild Skies v. NRA
2025-05-29T00:00:00
In an appeal from the judgment of the Court of Appeals affirming the trial courts' refusal to give the plaintiff's proffered jury instruction on the doctrine of adequate assurance in a case involving claims of breach of contract and anticipatory breach, the trial court did not commit reversible error by refusing the in...
https://www.vacourts.gov/opinions/opnscvwp/1240683.pdf
pdfs\240683_2732538a.pdf
240869
Norfolk Southern Railway Co. v. SCC
2025-05-22T00:00:00
In a railroad's challenge to the constitutionality of Code § 56-16.3, a statute that permits broadband service providers to install fiber optic cables across railroad property, it is held that this statute authorizes a private broadband service provider to take railroad property for a nonpublic use. This application o...
https://www.vacourts.gov/opinions/opnscvwp/1240869.pdf
pdfs\240869_01f89919.pdf
230718
Lisann v. Lisann
2025-05-08T00:00:00
The Court of Appeals disposition in this case, that a divorce may be granted pursuant to Code § 20-91(A)(9) without either party demonstrating an intent to permanently live separate and apart throughout the statutory period of separation -- and that the intent to permanently separate need only exist at the very beginn...
https://www.vacourts.gov/opinions/opnscvwp/1230718.pdf
pdfs\230718_91a3044a.pdf
240833
Newport News School Board v. Z.M., a Minor
2025-05-08T00:00:00
In a petition for appeal under Code §§ 8.01-626 and -670.1, a school board challenges a decision denying its plea of sovereign immunity, focusing on whether Code § 22.1-194 waives the Commonwealth's sovereign immunity for degrading acts that school staff are alleged to have perpetrated on an autistic child -- acts a...
https://www.vacourts.gov/opinions/opnscvwp/1240833.pdf
pdfs\240833_952e5d7c.pdf
240212
Shaw v. Commonwealth
2025-04-17T00:00:00
In a prosecution of the defendant for maliciously concealing a dead body in violation of Code § 18.2-323.02, a review of all of the evidence indicates that the exclusion of the testimony of the defendant's expert did not influence the jury because the evidence of the defendant's guilt was so overwhelming that it rende...
https://www.vacourts.gov/opinions/opnscvwp/1240212.pdf
pdfs\240212_04392508.pdf
230829
Commonwealth v. Canales
2025-04-10T00:00:00
Applying Code § 19.2-306.1 that places limitations on the sentence that a court may impose when an individual violates the terms of his probation, multiple technical violations arising from a single course of conduct or a single incident or considered at the same revocation hearing shall not be considered separate tec...
https://www.vacourts.gov/opinions/opnscvwp/1230829.pdf
pdfs\230829_ee93dc26.pdf
240081
Poulson v. Commonwealth
2025-04-10T00:00:00
The arguments of a driving-under-the-influence defendant that he should have been given Miranda warnings during events transpiring within the curtilage of his home, and that officers should have obtained a warrant before he was arrested on that curtilage, are rejected. Miranda warnings were not required, as those safeg...
https://www.vacourts.gov/opinions/opnscvwp/1240081.pdf
pdfs\240081_2008fd05.pdf
240166
Eye Consultants of Northern Virginia P.C. v. Shaw-McDonald
2025-04-03T00:00:00
While plaintiff's medical malpractice action was pending, she filed for Chapter 7 bankruptcy, not disclosing the pending malpractice case either to the bankruptcy court or to opposing counsel. When defendant learned of the bankruptcy filing, it moved to dismiss on the basis that plaintiff no longer had standing. Plaint...
https://www.vacourts.gov/opinions/opnscvwp/1240166.pdf
pdfs\240166_3be37336.pdf
240378
Harris v. Howard
2025-04-03T00:00:00
Considering a plaintiff's suit alleging claims of gross negligence against a county sheriff and one of his deputies for injuries resulting from a self-inflicted gunshot wound to the head that plaintiff suffered while he was detained in the back seat of a law enforcement vehicle, the plaintiff's suit is barred by the de...
https://www.vacourts.gov/opinions/opnscvwp/1240378.pdf
pdfs\240378_08dfaf26.pdf
240315
WVALDC v. State Corporation Commission
2025-03-27T00:00:00
Considering a labor organization's appeal from the decision of the State Corporation Commission granting the application of a solar facility operator for certificates of public convenience and necessity with respect to its constructing and operating a solar facility, the site of which is not within a historically econo...
https://www.vacourts.gov/opinions/opnscvwp/1240315.pdf
pdfs\240315_4a841dd0.pdf
230800
Welsh v. Commonwealth
2025-03-20T00:00:00
In an appeal from a decision of the Court of Appeals affirming convictions for two counts of first-degree murder and two counts of using a firearm in the commission of a felony, it is concluded that the trial court erred in prohibiting the testimony of a defendant's firearms expert and that such error was not harmless....
https://www.vacourts.gov/opinions/opnscvwp/1230800.pdf
pdfs\230800_eb5eb799.pdf
230865
Amazon Logistics, Inc. v. Virginia Employment Commission
2025-03-06T00:00:00
Virginia's rules of procedural default and associated principles, such as the approbate reprobate doctrine, exist to protect basic notions of fair play in our adversarial system. In this case, the appellant wrongly asserts that it has always maintained one position throughout this litigation and attempts to win this ap...
https://www.vacourts.gov/opinions/opnscvwp/1230865.pdf
pdfs\230865_45c70f81.pdf
230914
Commonwealth v. Wilkerson
2025-02-20T00:00:00
Combined evidence at trial in a prosecution for possession of drugs was sufficient to support conviction. It showed that the cocaine at issue was concealed within a toilet paper roll inside the incarcerated defendant's property bag, which was on his bunk, and he asserted that he watched his bag diligently and did not l...
https://www.vacourts.gov/opinions/opnscvwp/1230914.pdf
pdfs\230914_6e5c927c.pdf
240055
Cappe v. Commonwealth
2025-02-13T00:00:00
Upon review, the decision of the Court of Appeals is affirmed. The judgment that evidence against defendant in this case was sufficient to sustain convictions for murder as well as use of a firearm in committing murder is affirmed. Considering the circumstantial and indirect evidence, including overt actions of the par...
https://www.vacourts.gov/opinions/opnscvwp/1240055.pdf
pdfs\240055_19ba8634.pdf
240135
Boyette v. Sprouse (ORDER)
2025-01-23T00:00:00
Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is no reversible error in the judgment of the Court of Appeals, holding that the trial court did not abuse its discretion by giving a "sudden emergency" instruction because there was more than a scintilla of eviden...
https://www.vacourts.gov/opinions/opnscvwp/1240135.pdf
pdfs\240135_88d945f9.pdf
230450
Cridler-Smith v. Clarke
2025-01-16T00:00:00
Considering a petition for a writ of habeas corpus asserting two claims for ineffective assistance of counsel, in which the petitioner challenges his pre-trial counsel's advice to cooperate with law enforcement absent adequate investigation into the matter and his trial counsel's subsequent failure to move to suppress ...
https://www.vacourts.gov/opinions/opnscvwp/1230450.pdf
pdfs\230450_35dc1c1a.pdf
230488
Al-Saray v. Furr
2025-01-16T00:00:00
Considering an appeal brought by the plaintiff, a passenger who suffered significant injuries, including a traumatic brain injury, as a result of a two-vehicle collision occurring at an intersection and to whom the jury awarded a multi-million dollar verdict at trial, but which a majority of the Court of Appeals conclu...
https://www.vacourts.gov/opinions/opnscvwp/1230488.pdf
pdfs\230488_0e62c624.pdf
230907
Commonwealth v. Holland
2025-01-16T00:00:00
Considering the Commonwealth's appeal from a judgment of the Court of Appeals of Virginia holding that the circuit court had abused its discretion by denying a defendant's motion to withdraw her pre-sentencing plea of no contest to felony child neglect resulting in serious injury, made on the eve of sentencing and prem...
https://www.vacourts.gov/opinions/opnscvwp/1230907.pdf
pdfs\230907_8c03b6ef.pdf
230879
Bon Secours-DePaul Medical Center v. Rogakos-Russell
2025-01-02T00:00:00
In a hospital's appeal from a judgment of the Court of Appeals affirming verdict for the plaintiff in a medical malpractice case, no reversible error is found in disposition of issues involving interpretation of the Dead Man's Statute; upholding the circuit court's refusal to grant a jury instruction that addressed mul...
https://www.vacourts.gov/opinions/opnscvwp/1230879.pdf
pdfs\230879_8de7488a.pdf
230899
Baez v. Commonwealth of Virginia
2024-12-19T00:00:00
The circuit court did not abuse its discretion in admitting over a defendant's objection a video recording of a police stop and arrest, made by an officer's body-worn camera. Such a video is not inherently a testimonial statement that automatically implicates the Confrontation Clause, even if created by law enforcement...
https://www.vacourts.gov/opinions/opnscvwp/1230899.pdf
pdfs\230899_17557a61.pdf
230856
Josephson v. Commonwealth
2024-12-12T00:00:00
The Court of Appeals dismissed a criminal defendant's appeal under the fugitive disentitlement doctrine, holding that he forfeited his right to appellate review of his criminal conviction when he absconded from probation during the pendency of the appeal. Applying the three-part test that governs the application of the...
https://www.vacourts.gov/opinions/opnscvwp/1230856.pdf
pdfs\230856_be2ced5f.pdf
230945
Commonwealth v. Carolino
2024-12-12T00:00:00
In an appeal from a conviction for the crime of strangulation pursuant to Code § 18.2-51.6, reversed by the Court of Appeals sitting en banc finding error in the admission of collateral propensity evidence for the sole purpose of attacking the defendant's credibility in violation of McGowan v. Commonwealth, 274 Va. 68...
https://www.vacourts.gov/opinions/opnscvwp/1230945.pdf
pdfs\230945_844d1d9e.pdf
230619
Johnson-Bey v. Commonwealth
2024-11-27T00:00:00
After five probation violation proceedings following a 2003 conviction for a drug offense, the Court of Appeals correctly rejected a defendant's argument that Code § 19.2-303.1 and Code § 19.2-306, effective in 2021, stripped the circuit court of jurisdiction to enter an order revoking its previous 2019 order re-susp...
https://www.vacourts.gov/opinions/opnscvwp/1230619.pdf
pdfs\230619_36e6adf0.pdf
240493
Rebh v. County Board of Arlington County (ORDER)
2024-11-27T00:00:00
Upon a petition for appeal arising from a published opinion of the Court of Appeals entering final judgment in favor of the petitioners, a group of Arlington residents, the residents obtained a complete victory in the Court of Appeals that ended the case, and the petition for appeal is dismissed.
https://www.vacourts.gov/opinions/opnscvwp/1240493.pdf
pdfs\240493_bd354fe2.pdf
240138
Commonwealth v. Wallace (ORDER)
2024-11-21T00:00:00
Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is reversible error in the judgment of the Court of Appeals. For the reasons stated in the dissenting opinion of the en banc Court of Appeals, see Wallace v. Commonwealth, 79 Va. App. 455, 476-84 (2024), the Court ...
https://www.vacourts.gov/opinions/opnscvwp/1240138.pdf
pdfs\240138_677fdd45.pdf
230721
Bista v. Commonwealth
2024-11-14T00:00:00
The circuit court did not abuse its discretion when it admitted a child's out-of-court statements describing acts of sexual abuse into evidence pursuant to Code § 19.2-268.3. In addition, the defendant had a sufficient opportunity to confront and cross-examine the child who made the statements when she testified at th...
https://www.vacourts.gov/opinions/opnscvwp/1230721.pdf
pdfs\230721_28471afc.pdf
230483
King v. Commonwealth
2024-10-24T00:00:00
Defendant's challenge to his conviction for felony unauthorized use of another's vehicle under Code § 18.2 102, asserting that the Commonwealth's evidence failed to establish that he took the vehicle "without the consent of the owner" as required by the statute, is rejected. Even under the defendant's proffered defini...
https://www.vacourts.gov/opinions/opnscvwp/1230483.pdf
pdfs\230483_17f153a3.pdf
240276
Jenkins v. Virginia State Bar
2024-10-17T00:00:00
A Virginia attorney appeals from a disciplinary sanction imposed by a three-judge panel, which concluded that he violated Rules 3.4 and 8.2 of the Rules of Professional Conduct and suspended his license to practice law for nine months. The decision of the panel is affirmed.
https://www.vacourts.gov/opinions/opnscvwp/1240276.pdf
pdfs\240276_17e3977d.pdf
240012
Johnson v. Clerk, Wise County Circuit Court (ORDER)
2024-08-15T00:00:00
A mandamus petition by an inmate is dismissed in part and granted in part. The writ does not lie against a circuit court clerk because petitioner's money orders were insufficient to pay the filing fees and the clerk had no duty to file his pleading, see Code § 17.1-275(A)(13). In his second claim, petitioner alleges h...
https://www.vacourts.gov/opinions/opnscvwp/1240012.pdf
pdfs\240012_b5fec1b7.pdf
230333
Eckard v. Commonwealth
2024-08-01T00:00:00
In an appeal from the Court of Appeals' affirmance of a conviction on 12 counts of possession of child pornography in violation of Code § 18.2-374.1:1(A)-(B), review is limited to the issue whether the circuit court erred by denying the defendant's motion to set aside the jury verdict for alleged juror misconduct. In ...
https://www.vacourts.gov/opinions/opnscvwp/1230333.pdf
pdfs\230333_b6ba2379.pdf
230599
Durham v. Commonwealth
2024-08-01T00:00:00
In a criminal appeal raising search and seizure as well as sufficiency of the evidence issues, the searching officer had an objectively reasonable belief that defendant had been sipping alcohol from a cup in his car, coupled with the odor of alcohol and a bottle of liquor observed in a rear footwell, giving the officer...
https://www.vacourts.gov/opinions/opnscvwp/1230599.pdf
pdfs\230599_c08a33ca.pdf
220807
Gaskins v. Clarke (ORDER)
2024-07-25T00:00:00
Upon consideration of a petition for a writ of habeas corpus, petitioner's argument that Code § 53.1-187 requires his Virginia sentence be credited for time spent incarcerated in Maryland is without merit; he has not demonstrated being housed in a state or local correctional facility as defined by Code § 53.1-1 while...
https://www.vacourts.gov/opinions/opnscvwp/1220807.pdf
pdfs\220807_d7b810a2.pdf
240105
White v. Dotson (ORDER)
2024-07-18T00:00:00
Upon consideration of a petition for a writ of habeas corpus filed February 9, 2024, a rule to show cause, respondent's motion to dismiss, and petitioner's reply, the Court is of the opinion that the motion should be granted and that the petition should be dismissed. Petitioner's challenge to the failure of the Virgini...
https://www.vacourts.gov/opinions/opnscvwp/1240105.pdf
pdfs\240105_b871ff0d.pdf
230521
Page v. Portsmouth Redevelopment & Housing Authority
2024-07-03T00:00:00
The circuit court and the Court of Appeals of Virginia erred in concluding that the doctrine of sovereign immunity bars a claim by a property owner against the Portsmouth Redevelopment and Housing Authority ("PRHA"), on the grounds that it had negligently damaged a building that he owned when demolishing its own struct...
https://www.vacourts.gov/opinions/opnscvwp/1230521.pdf
pdfs\230521_3fdaed83.pdf
240352
School Board of Stafford County v. Sumner Falls Run, LLC (ORDER)
2024-07-03T00:00:00
In a suit against a county school board and the Virginia Department of Transportation, on interlocutory appeal under Code § 8.01-670.2, the judgment is reversed. The Declaratory Judgment Act itself does not expressly waive sovereign immunity and this Court has never held that it waives such immunity. Sovereign immunit...
https://www.vacourts.gov/opinions/opnscvwp/1240352.pdf
pdfs\240352_4ca6db0f.pdf
230410
Powell v. Knoepfler-Powell
2024-06-27T00:00:00
In an appeal from the decision of the Court of Appeals affirming a circuit court judgment denying a motion to modify the custody arrangement between divorced spouses, the trial court erred by relying on the uncorroborated portions of a child's notes in determining whether it was in the child's best interests to modify ...
https://www.vacourts.gov/opinions/opnscvwp/1230410.pdf
pdfs\230410_cce775be.pdf
230327
Bland-Henderson v. Commonwealth
2024-06-20T00:00:00
In the appeal of a criminal case, the Court of Appeals did not err in applying Code § 19.2-295 by affirming the circuit court's denial of an untimely request for jury sentencing, because the defendant had waived his right to jury sentencing by missing the statutory deadline to request it. However, there is no presumpt...
https://www.vacourts.gov/opinions/opnscvwp/1230327.pdf
pdfs\230327_1007513e.pdf
230491
Board of Supervisors v. Leach-Lewis
2024-06-20T00:00:00
In an appeal involving a county zoning ordinance provision, the judgment of the Court of Appeals of Virginia holding that a county Board of Zoning Appeals was required to consider whether search of a residence, conducted by a zoning official who was investigating a zoning violation, complied with the Fourth Amendment, ...
https://www.vacourts.gov/opinions/opnscvwp/1230491.pdf
pdfs\230491_dfd2c06c.pdf
230625
Westrick v. Dorcon Group, LLC (ORDER)
2024-06-06T00:00:00
There is no reversible error in the judgment of the Court of Appeals, applying a narrow interpretation of the term "modify," and concluding that a paragraph a deed of subdivision did not permit adding add new restrictions to certain lots. Restrictive covenants on land are not favored and must be strictly construed, and...
https://www.vacourts.gov/opinions/opnscvwp/1230625.pdf
pdfs\230625_40a2a2f5.pdf
230403
Thomas v. Commonwealth
2024-05-30T00:00:00
In a criminal case begun with a charge of aggravated malicious wounding of the victim with a razor-knife, desiring to dispose of the case expeditiously as an uncontested matter due to the onset of the COVID-19 pandemic, the parties agreed to a new plea agreement in early May of 2020 after their first plea agreement, re...
https://www.vacourts.gov/opinions/opnscvwp/1230403.pdf
pdfs\230403_2729def2.pdf
230260
Carter v. Wake Forest
2024-05-09T00:00:00
In an appeal from the decision of the Court of Appeals of Virginia that the Circuit Court for the City of Martinsville lacks personal jurisdiction over Wake Forest University Baptist Medical Center and Wake Forest University Health Sciences (collectively, "Wake Forest"), it is concluded that the defendants did not purp...
https://www.vacourts.gov/opinions/opnscvwp/1230260.pdf
pdfs\230260_d3590ef8.pdf
230365
Montalla, LLC v. Commonwealth
2024-05-09T00:00:00
The Court of Appeals erred in concluding that the doctrine of sovereign immunity barred portions of the plaintiff's complaint against the governmental defendants relating to construction inspection services, and that the doctrine of accord and satisfaction barred the remainder. On this appeal, no opinion is expressed u...
https://www.vacourts.gov/opinions/opnscvwp/1230365.pdf
pdfs\230365_fc58434a.pdf
230511
Commonwealth v. Garrick
2024-05-09T00:00:00
In an appeal from convictions for possession of heroin and possession of a firearm by a violent felon, the Court of Appeals erred in concluding that the evidence was insufficient to support a finding of constructive possession of the narcotics and the weapon. The judgment of the Court of Appeals is reversed and the jud...
https://www.vacourts.gov/opinions/opnscvwp/1230511.pdf
pdfs\230511_ab6bc9d3.pdf
240270
Leggett v. The Sanctuary at False Cape Condo. Ass'n. (ORDER)
2024-05-02T00:00:00
In a dispute between condominium unit owners and their Condominium Association and Board of Directors, the circuit court abused its discretion in a March 14, 2024 order, by erroneously determining that Code § 8.01-189 precludes an award of injunctive relief in a declaratory judgment proceeding, even if the standards f...
https://www.vacourts.gov/opinions/opnscvwp/1240270.pdf
pdfs\240270_f69f38b0.pdf
230316
Hannah v. Commonwealth
2024-04-18T00:00:00
Considering the defendant's appeal from a circuit court judgment reimposing the suspended portions of his sentences on one felony conviction and one misdemeanor conviction, in which he challenged the circuit court's jurisdiction to the hold a probation revocation hearing and the sufficiency of the Commonwealth's eviden...
https://www.vacourts.gov/opinions/opnscvwp/1230316.pdf
pdfs\230316_9688d7fe.pdf
230514
Vasquez v. Dotson
2024-04-18T00:00:00
Considering a petition for a writ of habeas corpus in which the petitioner, who pleaded guilty in 2019 to, inter alia, an amended charge of conspiracy to commit a felony, namely, first-degree murder in violation of Code § 18.2-22, asserts that he has a right under the early-release statute, Code § 53.1-202.3, to an e...
https://www.vacourts.gov/opinions/opnscvwp/1230514.pdf
pdfs\230514_5a892bb7.pdf
230379
Commonwealth v. Browne (ORDER)
2024-04-11T00:00:00
On an appeal from a judgment rendered by the Court of Appeals of Virginia, the Court is of the opinion that this appeal is moot. At his revocation hearing, the defendant conceded that he violated several conditions of his probation and suspended sentences. This appeal only involves a challenge to the punishment imposed...
https://www.vacourts.gov/opinions/opnscvwp/1230379.pdf
pdfs\230379_8e853541.pdf
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