2002)

2. 012348 Alston v. Commonwealth 11/01/2002 The Court of Appeals did not err in approving the trial court's admission into evidence of an uncounseled custodial statement made by the defendant without the (11/01/2002)

3. 012506 Commonwealth v. Tweed 11/01/2002 That portion of the Court of Appeals' judgment that awarded the defendant a new trial based on purported after-discovered evidence is reversed, and his convicti (11/01/2002)

Present: All the Justices COMMONWEALTH OF VIRGINIA OPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No. 012506 November 1, 2002 LONNIE L. TWEED, JR., s/k/a LONNIE LEE TWEED FROM THE COURT OF APPEA...

4. 012526 Commonwealth v. Hill 11/01/2002 The Court of Appeals erred in reversing a defendant's conviction and dismissing an indictment based on the view that the common law right to use reasonable force (11/01/2002)

5. 012682 The Globe Newspaper v. Commonwealth 11/01/2002 The trial court did not err in refusing petitions by several newspapers requesting access to biological samples collected in a criminal case inves (11/01/2002)

6. 012730 King v. Commonwealth 11/01/2002 In a criminal case, the Court of Appeals of Virginia erred in holding that a defendant, who had objected to and moved to strike the proof based on a fatal varian (11/01/2002)

7. 012761 America Online v. Nam Tai Electronics Inc. 11/01/2002 In Virginia trial court proceedings for discovery ancillary to a case pending in the courts of California, the circuit court properly appli (11/01/2002)

Present: Carrico, C.J., Lacy, Hassell, Koontz, Kinser, and Lemons, JJ., and Stephenson, S.J. AMERICA ONLINE, INC. v. Record No. 012761 OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. November 1, 2002 NAM...

8. 012826 Butler v. Commonwealth 11/01/2002 A murder defendant was not entitled to a continuance when the prospective jury panel was reconstituted and his counsel did not receive the new jury panel list (11/01/2002)

9. 012881 Haisfield v. Lape 11/01/2002 A "line-of-sight" or "view" easement rendered title to certain real property unmarketable, and the trial court erred in holding that the buyers were in breach for r (11/01/2002)

10. 012884 Mozley v. The Prestwould Board of Directors 11/01/2002 In litigation between a condominium owner and the owners' association, the chancellor erred in interpreting Code A (11/01/2002)

11. 020033 Long Long & Kellerman v. Wheeler 11/01/2002 The trial court correctly enjoined a trustee's action to enforce a deed of trust through foreclosure proceedings based on the 20-year statute of limi (11/01/2002)

12. 020060 Cave Hill Corporation v. Hiers 11/01/2002 In an action for breach of an employment contract, the trial court erred in refusing to rule as a matter of law that the contract was one terminable at (11/01/2002)

PRESENT: Carrico, C.J., Lacy, Hassell, Keenan, Kinser, and Lemons, JJ., and Compton, S.J. CAVE HILL CORPORATION v. Record No. 020060 PHILLIP T. HIERS ...

13. 020200 Ward v. Commonwealth 11/01/2002 In a rape and sexual battery prosecution against an attendant in a nursing home, the trial court did not err in allowing an expert to testify that the victim suf (11/01/2002)

14. 020321 Dalo v. Commonwealth 11/01/2002 For the reasons set forth in the opinion of the Court of Appeals, that court's judgment upholding defendant's conviction for involuntary manslaughter is affirmed (11/01/2002)

15. 020677 Sheikh v. Buckingham Correctional Center 11/01/2002 The trial court did not err in dismissing a petition for a writ of habeas corpus in which the petitioner alleged denial of effective assistan (11/01/2002)

16. 020685 Kirby v. Commonwealth 11/01/2002 The Court of Appeals correctly affirmed defendant's conviction for unlawfully discharging a firearm in an occupied dwelling, and being a felon in possession of (11/01/2002)

17. 020771 Murphy v. Commonwealth 11/01/2002 In a narcotics prosecution, the trial court erred in denying the defendant's motion to suppress evidence of controlled substances seized from his person becaus (11/01/2002)

PRESENT: All the Justices PHILLIP JEROME MURPHY v. OPINION BY JUSTICE BARBARA MILANO KEENAN November 1, 2002 COMMONWEALTH OF VIRGINIA Record No. 020771 FROM THE COURT OF APPEALS OF VIRGINIA In thi...

18. 020774 Commonwealth v. Bruhn 11/01/2002 The Court of Appeals of Virginia correctly determined that under Code A (11/01/2002)

19. 021003 Wilkins v. West 11/01/2002 In litigation challenging the redistricting of numerous House and Senate electoral districts enacted by the General Assembly in 2001, the judgment of the circuit cour (11/01/2002)

20. 021232 Yamaha Motor Corp. v. Quillian 11/01/2002 Questions certified by the U.S. District Court concerning Virginia Code A (11/01/2002)

21. 992913 Hedrick v. Warden 11/01/2002 The petition of a prisoner convicted of capital murder for a writ of habeas corpus is without merit, and is dismissed. (11/01/2002)

22. 020114 McDaniel v. Commonwealth 10/18/2002 The judgment is affirmed in a criminal case where the trial court found that a World War I-era handgun for which ammunition was not readily available was a " (10/18/2002)

23. 020518 In Re: Hopeman Brothers Inc. 09/18/2002 Upon consideration of the petition for writ of mandamus, the Court is of opinion that the petitioner is not entitled to the issuance of a writ of mandamu (09/18/2002)

24. 011755 Wellmore Coal Corp. v. Harman Mining Corp. 09/13/2002 A notice of appeal that was signed only by a foreign attorney, in violation of Rule 1A:4 of the Rules of the Supreme Court of Virginia, was (09/13/2002)

25. 012008 Perdieu v. Blackstone Family Practice Center 09/13/2002 In a negligence and medical malpractice action against a nursing home and physicians, the trial court did not err in refusing to qualify (09/13/2002)

PRESENT: All the Justices HORACE E. PERDIEU, AS ADMINISTRATOR OF THE ESTATE OF LUCILLE P. OVERTON, DECEASED OPINION BY v. Record No. 012008 JUSTIC...

26. 012316 Commonwealth v. Hill 09/13/2002 In a criminal appeal, the Court of Appeals erred in reversing a defendant's conviction on the ground that the trial court refused to permit questions asking pros (09/13/2002)

27. 012319 Gelles & Sons General Contracting v. Jeffrey Stack 09/13/2002 The trial court did not commit reversible error in holding that a subcontractor's claim for additional monies due under a construct (09/13/2002)

28. 012447 Commonwealth v. Redmond 09/13/2002 The Court of Appeals of Virginia erred in holding that a murder defendant clearly and unambiguously invoked his right to counsel during a custodial interrogat (09/13/2002)

Present: Carrico, C.J., Lacy, Hassell, Koontz, Kinser, and Lemons, JJ., and Compton, S.J. COMMONWEALTH OF VIRGINIA v. Record No. 012447 OPINION BY JUSTICE LEROY R. HASSELL, SR. September 13,...

29. 012519 Chesterfield Meadows Shopping Center Assoc. v. Smi 09/13/2002 The chancellor did not err in ruling that a plaintiff established the necessary change in conditions to destroy the purpose of a re (09/13/2002)

Present: All the Justices CHESTERFIELD MEADOWS SHOPPING CENTER ASSOCIATES, L.P., ET AL. OPINION BY v. Record No. 012519 JUSTICE LAWRENCE L. KO...

30. 012543 Lee County v. Town of St. Charles 09/13/2002 The trial court erred in ruling that a board member of a water and sewer authority must reside within the authority's service area to be qualified t (09/13/2002)

31. 012554 Titan America v. Riverton Investment Corp. 09/13/2002 The trial court did not err by applying the Noerr-Pennington doctrine to state tort claims for interference with economic expectancy, consi (09/13/2002)

32. 012560 May v. Caruso 09/13/2002 In a medical malpractice case, the trial judge did not err in precluding use during an expert's direct examination of hearsay statements published in authoritative trea (09/13/2002)

33. 012583 Taylor v. McConchie 09/13/2002 The circuit court did not err in finding that an original easement was extinguished and replaced by a relocated right-of-way limited to vehicular and pedestrian t (09/13/2002)

34. 012612 Rutter v. Jones Blechman Woltz and Kelly 09/13/2002 In a legal malpractice action in which the administrator of a decedent's estate alleged that the defendant attorneys negligently prepared dec (09/13/2002)

35. 012699 American Communications Network Inc. v. Williams 09/13/2002 In a defamation case, the circuit court erred in confirming a jury verdict for plaintiff because the statements in the alleged defama (09/13/2002)

36. 020314 Emmett v. Commonwealth 09/13/2002 Upon review of a capital murder prosecution in which the defendant was convicted and sentenced to death, it is concluded that other sentencing bodies generally (09/13/2002)

37. 020323 Morrisette v. Commonwealth 09/13/2002 After considering a capital murder defendant's assignments of error and conducting the mandated review pursuant to Code A (09/13/2002)

38. 020696 Judicial Inquiry and Review Commission v. Lewis 09/13/2002 Clear and convincing evidence is found to support a complaint by the Judicial Inquiry and Review Commission that a juvenile and domest (09/13/2002)

39. 011393 Kimberlin v. PM Transport Inc. 06/07/2002 In a personal injury case, the trial court erred in striking plaintiff's evidence, and erred in ruling as a matter of law that defendant did not violat (06/07/2002)

40. 011557 Howerton v. Mary Immaculate Hospital 06/07/2002 In a medical malpractice action, the trial court erred in striking the plaintiffs' evidence on the ground that the proof was insufficient to esta (06/07/2002)

41. 011562 Frank Shop Inc. v. Crown Central Petroleum 06/07/2002 In a second appeal of the parties' litigation under the Virginia Petroleum Products Franchise Act, the judgment of the trial court is rever (06/07/2002)

42. 011739 E.I. du Pont de Nemours and Co. v. Eggleston 06/07/2002 Where an employee had three work-related conditions involving incapacity to perform work, the Court of Appeals correctly upheld a decisio (06/07/2002)

43. 011741 Sawyer v. Comerci 06/07/2002 In a wrongful death action arising from alleged medical negligence, the circuit court erred in granting a contributory negligence instruction and in precluding cros (06/07/2002)

44. 011742 City of Richmond v. Holt 06/07/2002 In a personal injury action, the trial court correctly held that the evidence was sufficient to establish constructive notice to a municipality of a defect i (06/07/2002)

45. 011777 Bell v. Commonwealth 06/07/2002 In an appeal from a capital murder conviction for the killing of a police officer, no error is found in the judgment of the circuit court. Defendant's conviction (06/07/2002)

Present: All the Justices EDWARD NATHANIEL BELL v. OPINION BY JUSTICE CYNTHIA D. KINSER JUNE 7, 2002 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF WINCHESTER Dennis L. Hupp, Judge R...

46. 011778 Polyzos v. Cotrupi 06/07/2002 In an action for negligence and breach of contract against a real estate agent arising from a property sales agreement which required conveyance of a parcel larger (06/07/2002)

47. 011807 Caplan v. Bogard 06/07/2002 In a personal injury action arising from a traffic accident, the trial court erred by instructing the jury that the entrance to a restaurant parking lot was a "highw (06/07/2002)

48. 011880 Baysden v. Roche 06/07/2002 Plaintiff brought a claim against the defendant for failure to repay a $50,000 loan plaintiff alleges he undertook, pursuant to the parties' oral agreement, to provi (06/07/2002)

49. 011913 Patel v. Anand L.L.C. 06/07/2002 In an action for fraud, breach of fiduciary duty, and breach of contract, plaintiff failed to present evidence supporting an award of compensatory damages other (06/07/2002)

50. 011952 Hot Shot Express Inc. v. Brooks 06/07/2002 In a personal injury action, the trial court correctly found that a truck driver's action in stopping on a highway when there was no emergency was neg (06/07/2002)

51. 011961 Caine v. Freier 06/07/2002 In a bank's suit as personal representative for aid and guidance in the administration of a decedent's estate, the chancellor did not err in ruling that the widow had (06/07/2002)

52. 012006 Faulknier v. Shafer 06/07/2002 In a dispute over the proceeds of a life insurance policy, the decedent's former wife alleged sufficient facts to state a cause of action for the imposition of a (06/07/2002)

53. 012007 Niese v. City of Alexandria 06/07/2002 In an action against a city in which plaintiff alleged that a police officer employed by the locality repeatedly raped her, the trial court did not err in (06/07/2002)

54. 012009 Johnson v. Raviotta 06/07/2002 Code A (06/07/2002)

55. 012050 WJLA-TV v. Levin 06/07/2002 In a case arising from television coverage about a doctor's treatment of a pain syndrome by vaginal manipulation of female patients, the trial court did not err in e (06/07/2002)

56. 012220 Commonwealth v. Bower 06/07/2002 The Court of Appeals erred in reversing defendant's conviction under Code A (06/07/2002)

57. 012576 Amchem Products Inc. v. Newport News Circuit Court 06/07/2002 In a proceeding arising after settlement of hundreds of cases relating to exposure to asbestos, the circuit court did not err by re (06/07/2002)

58. 012702 Weingarten v. Gross 06/07/2002 The State Corporation Commission erred in holding that a $3.5 million judgment arising from settlement of certain claims by directors of an insolvent insurance co (06/07/2002)

PRESENT: All the Justices ROBERT WEINGARTEN, ET AL., v. Record No. 012702 OPINION BY JUSTICE DONALD W. LEMONS June 7, 2002 ALFRED W. GROSS, DEPUTY RECEIVER OF FIRST DOMINION MUTUAL LIFE INSURANCE COM...

59. 012841 Nationwide Mutual Insurance Co. v. Smelser 06/07/2002 The United States Court of Appeals for the Fourth Circuit certified to this Court a question of Virginia insurance law asking whether a ped (06/07/2002)

60. 991490 Burch v. Hechinger Company 06/07/2002 In a personal injury action that arose at a retail establishment, the trial court correctly held that the plaintiff was a statutory employee of the defenda (06/07/2002)

61. 010729 Countryside Corporation v. Taylor 04/19/2002 In an action arising from a contract relating to the extension of a road near certain developable land, the trial court erred in failing to strike p (04/19/2002)

62. 011034 Washburn v. Klara 04/19/2002 The circuit court erred in striking the evidence in a medical tort case tried on theories of battery and exceeding the patient's informed consent because the eviden (04/19/2002)

63. 011150 Tauber v. Commonwealth 04/19/2002 In an accounting of the assets of a defunct charitable corporation, the chancellor properly applied a constructive trust, determined the value of the assets, a (04/19/2002)

64. 011154 Dean v. Dearing 04/19/2002 In a defamation case brought by a police officer who was part of a department that was allegedly defamed by the town mayor, the trial court did not err in sustaining (04/19/2002)

65. 011230 Super Fresh Food Markets v. Ruffin 04/19/2002 The trial court which had entered a final judgment lost jurisdiction over a case once the 21-day period allowed under Rule 1:1 expired because no o (04/19/2002)

66. 011268 Modern Environments Inc. v. Stinnett 04/19/2002 The trial court correctly held that a covenant not to compete prohibiting a former employee from being employed in any capacity by a competitor o (04/19/2002)

67. 011299 Ancient Art Tattoo Studio v. City of Virginia Beac 04/19/2002 The circuit court did not err in denying mandamus relief to petitioners who sought approval of applications to operate tattoo estab (04/19/2002)

68. 011307 City of Virginia Beach v. International Family Ent 04/19/2002 The trial court correctly held that a city has no authority to tax satellite transponders that are located on satellites that orbit (04/19/2002)

69. 011390 Zelnick v. Adams 04/19/2002 The trial court erred in holding on summary judgment that the doctrine of necessaries did not apply to a contract for legal services on behalf of a minor. The judgme (04/19/2002)

70. 011396 PTS Corporation v. Buckman 04/19/2002 In a suit for improper use of a person's name for advertising and trade purposes under Code A (04/19/2002)

PRESENT: All the Justices PTS CORPORATION, D/B/A ALLIANCE BAIL BONDS, ET AL., OPINION BY v. Record No. 011396 ...

71. 011407 Bolden v. Commonwealth 04/19/2002 In a prosecution for possession of more than five pounds of marijuana with intent to distribute, the Court of Appeals erred in affirming the trial court's deni (04/19/2002)

72. 011448 James v. James 04/19/2002 Because the trial court entered nonsuit orders and did not vacate or suspend those orders during the 21-day period thereafter, the court lost jurisdiction to take furt (04/19/2002)

73. 011570 Commonwealth v. Pannell 04/19/2002 The Court of Appeals erred in concluding that former Code A (04/19/2002)

74. 011583 Southern Insurance Co. v. Williams 04/19/2002 The trial court in a declaratory judgment action erred in concluding that an insurance company had a duty to defend and provide liability coverage (04/19/2002)

75. 011613 City of Virginia Beach v. Oakes 04/19/2002 In a condemnation proceeding, the landowners' evidence of damage to the residue was speculative, consisting of lost rents from an "envisioned" buildin (04/19/2002)

76. 011633 Eure v. Norfolk Shipbuilding & Drydock Corp. 04/19/2002 The trial court erred in finding the language of an agreement to provide health care coverage unambiguous and in not considering parol ev (04/19/2002)

77. 011948 Armstrong v. Commonwealth 04/19/2002 The Court of Appeals correctly determined that conviction of a defendant for being a felon in possession of a firearm, Code A (04/19/2002)

Present: All the Justices ERIC WAYNE ARMSTRONG OPINION BY v. Record No. 011948 ...

78. 011306 Willis v. Mullett 04/09/2002 The statute that reduces the tolling period provided for minors' tort claims for medical malpractice (Code A (04/09/2002)

79. 011980 Martin v. Moore 04/09/2002 In a chancery suit, the circuit court properly determined that plaintiffs had established a right to use a portion of a driveway by virtue of a prescriptive easement. (04/09/2002)

80. 010136 Jones v. Ford Motor Co. 03/01/2002 In an automobile products liability action, the circuit court erred in refusing admission of certain of the plaintiff's evidence of notice of a product defect (03/01/2002)

81. 010310 Haas v. Lee 03/01/2002 The circuit court properly dismissed a petition for writ of habeas corpus because it was not filed timely pursuant to Code A (03/01/2002)

82. 010346 National Title Insurance v. First Union Bank 03/01/2002 The trial court correctly ruled that Code A (03/01/2002)

83. 010480 Commonwealth v. Shaffer 03/01/2002 A person whose operator's license was revoked under then-existing habitual offender provisions in 1997, and who waited until late in 1999 to file a petition f (03/01/2002)

84. 010501 Riggins v. O'Brien 03/01/2002 The Court of Appeals reached the correct result in the appeal of a domestic relations matter in which an award of child support arrearages was made. The decree ent (03/01/2002)

85. 010506 Pysell v. Keck 03/01/2002 In claims for a surviving spouse's elective share of her deceased husband's estate, a family allowance, and exemption of certain property for the benefit of the surviv (03/01/2002)

86. 010523 County of Chesterfield v. Windy Hill Ltd. 03/01/2002 The Alcoholic Beverage Control Board's exclusive authority to regulate sale of alcoholic beverages does not preclude a municipality from usi (03/01/2002)

87. 010535 Reliable Constructors v. CFJ Properties 03/01/2002 The circuit court erred by invalidating a mechanic's lien without permitting the lien claimant to present evidence that its inclusion of a fin (03/01/2002)

88. 010580 Turner v. Board of Supervisors 03/01/2002 The circuit court correctly determined that a zoning ordinance constituted piecemeal downzoning prohibiting two landowners from developing property con (03/01/2002)

89. 010592 First Bank v. Transportation Commissioner 03/01/2002 In an eminent domain proceeding, the trial court erred in the per se disqualification of all customers of the landowner from serving as comm (03/01/2002)

90. 010614 Liddle v. Phipps 03/01/2002 In a personal injury case, the trial court did not err in entering an order of nonsuit under Code A (03/01/2002)

91. 010759 John v. Im 03/01/2002 In a personal injury lawsuit, the trial court did not abuse its discretion in excluding evidence of a quantitative electroencephalogram test and the testimony of two exper (03/01/2002)

92. 010786 Centreville Car Care v. North America Mortgage 03/01/2002 In a case involving multiple deeds of trust on the same property, the chancellor erred in granting equitable subrogation to first prior (03/01/2002)

93. 010791 Fairfax County Fire and Rescue v. Mottram 03/01/2002 In a workers' compensation proceeding involving a county emergency rescue worker, the Court of Appeals correctly ruled that posttraumatic st (03/01/2002)

94. 010796 Interim Personnel v. Messer 03/01/2002 In a tort action arising from a traffic accident, the trial court erred in ruling that foreseeability was a jury issue, and in refusing to sustain motions (03/01/2002)

PRESENT: Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Poff and Compton, S.JJ. INTERIM PERSONNEL OF CENTRAL VIRGINIA, INC. v. Record No. 010796 OPINION BY SENIOR JUSTICE A. CHRISTIAN COMPTON Marc...

95. 010913 Commonwealth v. Washington 03/01/2002 The defendant implicitly waived his double jeopardy rights by failing to make the required objection in circuit court when the judge declared a mistrial. A (03/01/2002)

96. 010934 Firebaugh v. Whitehead 03/01/2002 In a suit for specific performance and damages relating to a written right of first refusal agreement for a real estate sale, the trial court correctly held th (03/01/2002)

PRESENT: All the Justices WILLIAM CALVIN FIREBAUGH, CO-EXECUTOR OF THE ESTATE OF MARTHA F. SOWERS, DECEASED, ET AL. OPINION BY v. Record No. 010934 J...

97. 010965 Sheets v. Castle 03/01/2002 In a suit for specific performances of a land sale contract, the trial court did not err in holding that there was no "prevailing party" upon the granting of a nonsu (03/01/2002)

98. 011069 Angelone v. Dabney 03/01/2002 The trial court erred in awarding a writ of habeas corpus to a petitioner based on a conclusion that the Commonwealth knowingly used perjured testimony to obtain h (03/01/2002)

99. 011098 Acordia Insurance Agency v. Genito Glenn L.P. 03/01/2002 In litigation arising from failed insurance coverage, the trial court correctly ruled that an agent acted on behalf of plaintiff in proc (03/01/2002)

100. 011225 Beeton v. Beeton 03/01/2002 In an executors' suit concerning entitlement to estate assets, the chancellor correctly awarded a certificate of deposit to one of the deceased's sons but erred in i (03/01/2002)