2000)

2. 000071 Roberts v. Roberts 11/03/2000 Code A (11/03/2000)

Present: All the Justices SCOTT T. ROBERTS, EXECUTOR OF THE ESTATE OF LEVI J. ROBERTS, DECEASED v. Record No. 000071 OPINION BY JUSTICE DONALD W. LEMONS November 3, 2000 CRAIG T. ROBERTS, ET AL. FR...

3. 000107 Pitt v. Commonwealth 11/03/2000 Since any error in admitting a co-defendant's statement to police into evidence in the defendant's trial for attempted robbery was harmless beyond a reasonable d (11/03/2000)

4. 000130 Commonwealth v. Montague 11/03/2000 In a case where the accidental killing of a victim was not related in time or place to a larceny, the grand larceny and the homicide were not parts of the sa (11/03/2000)

5. 000175 Stone v. Door-Man Manufacturing Co. 11/03/2000 Under the Workers' Compensation Act, an employee of a manufacturer of motor vehicles was not the statutory fellow employee of an architect and con (11/03/2000)

6. 000177 Fowler v. International Cleaning Service 11/03/2000 In an action for personal injuries, an employee of a retail furniture business who fell on a wet floor was the statutory fellow employee of a (11/03/2000)

7. 000408 Thomas v. Commonwealth 11/03/2000 The trial court erred in denying a criminal defendant's motion that he be permitted to waive his right to counsel and represent himself at trial and the Court (11/03/2000)

8. 000552 Overton v. Commonwealth 11/03/2000 Finding no merit in defendant's contentions on this appeal of a capital murder conviction, after conducting review pursuant to Code A (11/03/2000)

9. 001015 Lovitt v. Commonwealth 11/03/2000 Upon review of the defendant's sentence of death for capital murder, no error is found in the judgments of the trial court concerning the various convictions a (11/03/2000)

10. 001139 Morrissey v. Virginia State Bar 11/03/2000 There was no error in the judgment of a special three judge court suspending an attorney's license to practice law for three years. The sanction impos (11/03/2000)

11. 992099 Virginia College Bldg. Auth. v. Lynn 11/03/2000 With the exception of a School of Divinity, inclusion of a private Christian university in a college construction bond financing program does not (11/03/2000)

12. 992179 Majorana v. Crown Central Petroleum 11/03/2000 A plaintiff's claims of respondeat superior liability for an employee's assault were erroneously dismissed as a matter of law; judgment upon a jur (11/03/2000)

13. 992215 Dearing v. Commonwealth 11/03/2000 Admission into evidence of a co-defendant's statement to police, implicating the defendant, while putatively error under the Confrontation Clause of the Sixth (11/03/2000)

14. 992257 Jewel v. Commonwealth 11/03/2000 For purposes impeachment of a witness under Code A (11/03/2000)

15. 992394 Whitley v. Commonwealth 11/03/2000 In a wrongful death action, the trial court did not err in granting summary judgment for defendants employed at a state facility charged with gross negligence (11/03/2000)

Present: All the Justices MARY L. WHITLEY, ADMINISTRATOR OF THE ESTATE OF JOSEPH H. JENKINS, DECEASED v. Record No. 992394 OPINION BY JUSTICE BARBARA MILANO KEENAN November 3, 2000 COMMONWEALTH OF ...

16. 992557 Gina Chin & Associates v. First Union Bank 11/03/2000 The trial court erred in striking the evidence at the conclusion of the plaintiff's case-in-chief by ruling, as a matter of law, that a ban (11/03/2000)

17. 992562 Dowden v. Commonwealth 11/03/2000 Since the evidence established that defendant killed his baby son, and the jury was entitled to infer from those acts that the killing, although unintended, wa (11/03/2000)

Present: All the Justices DOUGLAS E. DOWDEN OPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No. 992562 November 3, 2000 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS...

18. 992566 Gray v. Commonwealth 11/03/2000 The Court of Appeals did not err in affirming convictions on charges of conspiracy to commit murder and attempted possession of a firearm silencer. The judgment (11/03/2000)

19. 992662 Arlington County v. Mutual Broadcasting Sys. 11/03/2000 The trial court correctly found that a broadcaster which widely disseminated and transmitted its radio signal for reception by the genera (11/03/2000)

20. 992681 Varga v. Commonwealth 11/03/2000 The trial court properly convicted a defendant of driving after being declared an habitual offender under Code A (11/03/2000)

21. 992706 Commonwealth v. Chatman 11/03/2000 Because a juvenile under the age of 14 does not have either a constitutional or statutory right to assert an insanity defense at the adjudicatory phase of a j (11/03/2000)

22. 992710 Cook v. Radford Community Hospital 11/03/2000 Code A (11/03/2000)

23. 992812 Tran v. Board of Zoning Appeals 11/03/2000 Failure of a board of zoning appeals to render a decision on an appeal within 90 days did not deprive it of jurisdiction to act, and failure to decide (11/03/2000)

Present: All the Justices KIM D. TRAN AND JOSEPH NGUYEN, T/A ROLLING VALLEY NAIL CARE v. OPINION BY JUSTICE DONALD W. LEMONS November 3, 2000 BOARD OF ZONING APPEALS OF FAIRFAX COUNTY, ET AL. FROM T...

24. 992904 Beck v. Smith 11/03/2000 The trial court erred concluding that buyers of property could not prevail on a breach of contract claim because the terms of the contract for sale were merged into the (11/03/2000)

25. 992957 Cooper Industries v. Melendez 11/03/2000 The trial court did not err in ruling on issues of proximate causation, product misuse, and the statute of repose in a product liability case. Nor did i (11/03/2000)

26. 992996 Taylor v. Commonwealth 11/03/2000 Since the evidence was sufficient to support the defendant's conviction in this case involving accomplice liability arising from the alleged abduction by a nat (11/03/2000)

27. 000392 Motley I v. Virginia State Bar 09/15/2000 There was no error in an order of the Virginia State Bar Disciplinary Board imposing upon an attorney a public reprimand for failing to inform a client (09/15/2000)

28. 000417 Motley II v. Virginia State Bar 09/15/2000 An order of the Virginia State Bar Disciplinary Board is reviewed in an appeal of right. Since there is no error found, the order imposing upon the at (09/15/2000)

29. 992018 State Health Comm'r v. Sentara Norfolk Gen. Hosp. 09/15/2000 In denying a certificate of public need for establishment of a new liver transplant facility, the State Health Commissioner did not (09/15/2000)

30. 992331 Sugarland Run Homeowners Ass'n v. Halfmann 09/15/2000 In a wrongful death case involving a child on a bicycle, there was - as a matter of law -insufficient evidence to establish that any allege (09/15/2000)

31. 992345 Sami v. Varn 09/15/2000 The trial court erred in holding that an obstetrician-gynecologist was not qualified to give expert testimony on the standard of care for a pelvic examination performed (09/15/2000)

Present: VIDA SAMI v. All the Justices Record No. 992345 OPINION BY JUSTICE ELIZABETH B. LACY September 15, 2000 MILES VARN, M.D. AND JULIAN ORENSTEIN, M.D. FROM THE CIRCUIT COURT OF FAIRFAX COUNT...

32. 992355 Commonwealth v. Hutchins 09/15/2000 The Commonwealth did not violate defendant's statutory rights to a speedy trial contained in Code A (09/15/2000)

33. 992459 Board of Supervisors v. HCA Health Services 09/15/2000 The trial court did not err in holding that a county board of supervisors committed manifest error in real estate tax assessments of a hos (09/15/2000)

34. 992478 Peterson v. Castano 09/15/2000 The circuit court erred in denying a plaintiff's motion to amend two motions for judgment arising from a motor vehicle accident to increase each ad damnum clause. (09/15/2000)

35. 992543 Mid-East Services v. Enterprise Ford Tractor 09/15/2000 The trial court did not err in finding that the defendant was not a seller or an agent for a seller in a transaction involving the sale o (09/15/2000)

36. 992609 Media General v. Smith 09/15/2000 The trial court properly dismissed a bill of complaint filed pursuant to Code A (09/15/2000)

37. 992751 Brown v. Black 09/15/2000 The circuit court, which had not entered orders compelling discovery, erred in dismissing plaintiffs' motions for judgment because of their failure to respond to the d (09/15/2000)

Present: All the Justices PAULINE BROWN v. Record No. 992751 WILLIAM BLACK, ET AL. OPINION BY JUSTICE LEROY R. HASSELL, SR. September 15, 2000 ELAINE HUGHES v. Record No. 992752 WILLIAM BLACK, ET ...

38. 992764 Murphy v. Norfolk Community Services Board 09/15/2000 In an employee grievance matter, the trial court hearing a petition for review erred in holding that the employer properly terminated the g (09/15/2000)

39. 992820 Government Employees Insurance Co. v. Hall 09/15/2000 An insured under a motor vehicle liability policy effectively waived the maximum uninsured motorist insurance coverage mandated by Code A (09/15/2000)

40. 992887 Musselman v. The Glass Works 09/15/2000 The trial court erred in holding that the death of a party to a non- competition agreement, executed as part of the sale of a business, relieved the purc (09/15/2000)

41. 992894 Akers v. Commonwealth 09/15/2000 The defendant received a death sentence upon a plea of guilty to capital murder committed during a robbery. Although the defendant waived appeal, Code A (09/15/2000)

42. 991389 Medici v. Commonwealth 06/09/2000 In a rape and sexual assault prosecution, the trial court did not err in admitting evidence of defendant's prior rape convictions, or in rejecting a proffered (06/09/2000)

43. 991417 Reittinger v. Commonwealth 06/09/2000 The trial court erred in refusing to suppress certain evidence found during a search of a defendant who was detained by a deputy sheriff after a routine tr (06/09/2000)

44. 991582 Dobson v. Commonwealth 06/09/2000 The Court of Appeals did not err in concluding that a defendant's due process rights were not violated by a jury instruction concerning exclusive possession of (06/09/2000)

45. 991615 Fishback v. Commonwealth 06/09/2000 An armed robbery case is remanded for a new sentencing hearing because, upon request of a defendant or inquiry of the jury, a defendant in a non-capital tria (06/09/2000)

46. 991696 Paramount Builders Inc. v. Commonwealth 06/09/2000 Since the application for a civil investigative order against a home improvement/construction company and its president complied with the requ (06/09/2000)

47. 991705 Wolfe v. Board of Zoning Appeals 06/09/2000 In two cases involving parking of commercial vehicles on lots in a residentially zoned neighborhood, the use was not grandfathered or a permitted non (06/09/2000)

48. 991786 Commonwealth v. Alexander 06/09/2000 A deadly weapon may not be brandished solely in defense of personal property. Thus the Court of Appeals erred in reversing the defendant's conviction based (06/09/2000)

49. 991787 Lower Chesapeake Assoc. v. Valley Forge Insurance 06/09/2000 The evidence supports the trial court's finding that collapse of a portion of a dock was caused by windstorm. Since neither party pr (06/09/2000)

50. 991876 Partnership Umbrella Inc. v. Federal Insurance 06/09/2000 In a declaratory judgment action involving an insurance policy dealing with executive liability and indemnification, a portion of the j (06/09/2000)

51. 991880 Rice v. Charles 06/09/2000 In a wrongful death action, the circuit court did not err in striking a contributory negligence defense because defendant's testimony was not corroborated as required (06/09/2000)

52. 991943 Virginia State Bar v. Goggin 06/09/2000 A trial court order requiring that funds in an attorney's trust account be disbursed among claimants on a pro rata basis is reversed and the case is rema (06/09/2000)

53. 991945 Lindsay v. McEnearney Associates Inc. 06/09/2000 The trial court properly granted summary judgment in a real estate commission case because a contract that must be in writing pursuant to the st (06/09/2000)

Present: All the Justices CYNTHIA LINDSAY v. OPINION BY JUSTICE LEROY R. HASSELL, SR. Record No. 991945 June 9, 2000 McENEARNEY ASSOCIATES, INC. FROM THE CIRCUIT COURT OF ARLINGTON COUNTY William T...

54. 991958 Stanley v. Webber 06/09/2000 In this appeal from a judgment entered in favor of plaintiffs in malicious prosecution proceedings, the evidence was sufficient to support the jury verdict and the (06/09/2000)

55. 991993 Walsh v. Bennett 06/09/2000 In a medical malpractice action, the trial court abused its discretion when - two days before compliance was due under scheduling directions - it struck plaintiff's (06/09/2000)

56. 991996 Feddeman & Company v. Langan Associates P.C. 06/09/2000 In a case in which an aborted corporate buy-out or merger was followed by mass resignation of plaintiff's employees, the evidence was suf (06/09/2000)

57. 991997 Commonwealth v. Wilks 06/09/2000 The trial court erred in concluding that failure of the Commonwealth to file a notice of seizure for forfeiture within 21 days as to certain property seized pur (06/09/2000)

58. 992028 McDermott v. Reynolds 06/09/2000 The trial court properly held that Code A (06/09/2000)

59. 992091 Nationwide Mutual Insurance Co. v. Hylton 06/09/2000 In a tort action for injuries arising from a vehicular accident, the trial court erred in entering judgment against a plaintiff's own insure (06/09/2000)

60. 992098 Decker v. Harlan 06/09/2000 The circuit court did not err in holding that Code A (06/09/2000)

61. 992228 Acuar v. Letourneau 06/09/2000 In an appeal arising out of a motor vehicle accident, the trial court erred in permitting repeated references to an accident report, but correctly ruled that a pl (06/09/2000)

62. 992258 Leeman v. Troutman Builds Inc. 06/09/2000 The trial court erred in granting summary judgment in a dispute over a restrictive covenant, and the judgment is reversed. (06/09/2000)

63. 992259 Fredericksburg Constr. Co. v. J.W. Wyne Excavating 06/09/2000 In a breach of contract case, the trial court properly denied a motion to vacate a judgment, rejecting arguments that it was void b (06/09/2000)

64. 992269 Longshore v. Commonwealth 06/09/2000 There is no error in the judgment of the Court of Appeals affirming defendant's felony conviction. The circuit court properly permitted the Commonwealth to (06/09/2000)

65. 992352 Allstate Insurance Co. v. Atlanta Casualty Co. 06/09/2000 Since an insured signed and dated a certificate of title to the subject vehicle, and delivered the certificate in blank along with the (06/09/2000)

66. 992489 Oulds v. Commonwealth 06/09/2000 In a prosecution for assault and battery on a law-enforcement officer engaged in public duties, a felony defined in a Virginia statute, the Commonwealth proved (06/09/2000)

67. 992934 HCA Health Services of Virginia v. Levin 06/09/2000 In appeals of a contempt order entered in a defamation action, the statutory privilege from disclosure accorded to medical peer review record (06/09/2000)

68. 992366 Pauley v. State Farm Mutual Auto. Insurance 05/12/2000 An automobile liability insurance policy exclusion, providing that medical expense coverage will not apply for bodily injuries sustained w (05/12/2000)

VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Friday the 12th day of May, 2000. Frank Raymond Pauley, Appellant, against Record ...

69. 981302 Hoffman Family L.L.C. v. Mill Two Associates 04/21/2000 On the specific facts of a suit for declaratory judgment to construe a restrictive covenant burdening one parcel of land in a proposed co (04/21/2000)

70. 990891 Caudill v. County of Dinwiddie 04/21/2000 In a case arising from efforts to provide a new system of solid waste disposal for a locality, the parties to one of the contracts involved had an abso (04/21/2000)

71. 991079 Commonwealth v. Brown 04/21/2000 General district courts do not have statutory authority to issue transportation orders for prisoners confined in state correctional facilities in order that the (04/21/2000)

72. 991092 Kim v. Douval Corporation 04/21/2000 In litigation in which the motion for judgment sought ejectment and a counterclaim alleged adverse possession, the trial court erred in setting aside a jury (04/21/2000)

73. 991117 Berczek v. Erie Insurance Group 04/21/2000 The trial court erred in concluding on summary judgment that an insured's release of a tort claim against the tortfeasor also operated to bar the insu (04/21/2000)

Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Compton, Senior Justice JOHN A. BERCZEK OPINION BY v. Record No. 991117 SE...

74. 991124 Newton v. Fairfax County Police Dept. 04/21/2000 The Court of Appeals correctly held that statutory beneficiaries of a deceased claimant are not entitled to an award of indemnity benefits under (04/21/2000)

75. 991168 Network Solutions v. Umbro International 04/21/2000 Applying traditional legal principles, a contractual right to use an Internet domain name is the product of a contract for services and hence (04/21/2000)

Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Compton, Senior Justice NETWORK SOLUTIONS, INC. v. Record No. 991168 OPINION BY JUSTICE CYNTHIA D. KINSER ...

76. 991244 Commonwealth v. Smith 04/21/2000 Since the evidence at the trial of a malicious wounding case raised no more than a suspicion of the defendant's guilt, the Court of Appeals correctly held that (04/21/2000)

77. 991245 Economopoulos v. Kolaitis 04/21/2000 In litigation by three sisters against their brother, a confidential relationship did not exist as a matter of law between their deceased father and the def (04/21/2000)

78. 991282 Hertz v. Times-World Corporation 04/21/2000 In these consolidated appeals, a writ of mandamus was not an appropriate remedy to challenge juvenile and domestic relations district court rulings t (04/21/2000)

79. 991306 Snyder Plaza Properties v. Adams Outdoor Advertisi 04/21/2000 The chancellor properly approved the report of a commissioner in chancery fixing the value of a leasehold interest in a portion of (04/21/2000)

80. 991374 Arlington County v. White 04/21/2000 A local governing body acted ultra vires in extending coverage under its self-funded health insurance benefits plan to unmarried "domestic partners" of its (04/21/2000)

81. 991477 Jackson v. Commonwealth 04/21/2000 Since the circuit court never acquired jurisdiction to try the petitioner for capital murder and five felonies, a writ of habeas corpus is awarded and the con (04/21/2000)

82. 991567 Larimore v. Blaylock 04/21/2000 The plaintiff's tenure review at a university was a privileged occasion and any defamatory statements communicated by defendants to the governing board and membe (04/21/2000)

83. 991589 Jett v. DeGaetani 04/21/2000 A judgment which ordered specific performance of an oral agreement is unenforceable because a person to whom the chancellor ordered the defendants to convey an inte (04/21/2000)

84. 991591 Dail v. York County 04/21/2000 The trial court erred in holding that a declaratory judgment action by certain landowners challenging provisions of zoning ordinances addressing silvicultural act (04/21/2000)

85. 991630 Mark Turner v. Commonwealth 04/21/2000 In an appeal of two related criminal convictions, the trial court's rulings on the defendant's motion for a new trial were not erroneous (1) in failing to (04/21/2000)

86. 991641 The Berean Law Group v. Cox 04/21/2000 The circuit court no longer had control over a final order sustaining demurrers in a legal malpractice action when it entered a later order permitting a p (04/21/2000)

87. 991770 May v. Grandy 04/21/2000 Code A (04/21/2000)

88. 991810 Sweeney v. West Group Inc. 04/21/2000 The trial court erred in giving effect to a lease provision requiring a lessee to give written notice of intent to vacate leased premises at the end of a f (04/21/2000)

89. 991870 Carter v. Chesterfield County Health Commission 04/21/2000 The trial court properly concluded that a county health commission was immune from tort liability because it was entitled to the statu (04/21/2000)

90. 991920 Paden v. Commonwealth 04/21/2000 Because the maker of an out-of-court statement was not shown to be "unavailable" by being called to the stand to claim his right against self-incrimination, his (04/21/2000)

91. 992005 Ronney Turner v. Commonwealth 04/21/2000 The trial court did not err in permitting the Commonwealth to present evidence of other crimes committed by a defendant more than 13 years before the of (04/21/2000)

92. 992525 Johnson v. Commonwealth 04/21/2000 In these appeals, the capital murder conviction and death sentence imposed on defendant, along with his conviction for rape are reviewed. There is no reversib (04/21/2000)

93. 992840 Bailey v. Commonwealth 04/21/2000 After review mandated by Code A (04/21/2000)

94. 990376 Jan Paul Fruiterman M.D. and Assoc. v. Waziri 03/03/2000 In a medical malpractice, wrongful death action, the trial court correctly applied the Virginia Birth-Related Neurological Injury Compen (03/03/2000)

Present: Carrico, C.J., Compton1, Lacy, Hassell, Keenan, and Kinser, JJ., and Poff, Senior Justice JAN PAUL FRUITERMAN, M.D. AND ASSOCIATES, P.C. OPINION BY v. Record No. 990376 SENIOR JUSTI...

95. 990405 Zion Baptist Church v. Estate of Willie Peay 03/03/2000 The trial court did not err in refusing to set aside a judicial sale when the building on the subject property was destroyed by fire shor (03/03/2000)

96. 990409 Coca-Cola Bottling Co. v. County of Botetourt 03/03/2000 In a case involving taxation of personal property of a soft drink bottling company, the trial court correctly held that the property was (03/03/2000)

97. 990428 National Fruit Product Co. v. Staton 03/03/2000 For the reasons expressed by the Court of Appeals in National Fruit Product Co. v. Staton, 28 Va. App. 650, 507 S.E.2d 667 (1998), there was no e (03/03/2000)

98. 990489 Virginia Power v. Westmoreland-LG&E Partners 03/03/2000 Because the decision in an earlier appeal did not limit consideration of the parties' intent regarding disputed sections of a contract to (03/03/2000)

99. 990528 Norfolk Beverage Company v. Cho 03/03/2000 In this appeal of judgments entered in consolidated tort actions, the jury's verdicts were not excessive and the circuit court did not err by permitti (03/03/2000)

100. 990531 Pardoe & Graham Real Estate v. Schulz Homes 03/03/2000 The trial court erred in concluding that the statute of frauds barred a real estate brokerage firm from recovering damages for breach of a (03/03/2000)