2005)

Present: All the Justices WEST LEWINSVILLE HEIGHTS CITIZENS ASSOCIATION, ET AL. v. Record No. 042274 BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. OPINION BY JUSTICE BARBARA MILANO KEENAN Sept...

25. 042287 OMNIPLEX World Services Corp. v. US Investigations Services, Inc. 09/16/2005 In an action seeking to enforce an employment contract provision restricting a former employee from certain forms of (09/16/2005)

26. 042411 State Farm Mutual Ins. Co. v. Remley 09/16/2005 (Revised 12/09/2005) The circuit court correctly denied a motion to set aside a default judgment against a driver and an insurer under Code A (09/16/2005)

27. 042426 VEPCO v. Northern Va. Regional Park Authority 09/16/2005 In a dispute concerning a series of real estate transactions through which a regional park authority acquired fee simple title to lands (09/16/2005)

28. 042656 Safeway, Inc. v. DPI Midatlantic, Inc. 09/16/2005 The exclusivity provision of the Virginia Workers’ Compensation Act, Code A (09/16/2005)

29. 042699 Newman v. Walker 09/16/2005 The circuit court erred in sustaining a defendant's plea of the statute of limitations in a personal injury action arising from an automobile accident, where he made (09/16/2005)

30. 042717 Hix v. Commonwealth 09/16/2005 (Revised 12/09/2005) The Court of Appeals correctly held that "impossibility" was not a defense to attempted indecent liberties with a minor under Code A (09/16/2005)

31. 042741 Sanchez v. MediCorp Health System 09/16/2005 In a medical malpractice case, the trial court correctly sustained a hospital's demurrer to a motion for judgment based on the theory of negligence (09/16/2005)

Present: All the Justices LEASLY SANCHEZ v. Record No. 042741 OPINION BY JUSTICE CYNTHIA D. KINSER September 16, 2005 MEDICORP HEALTH SYSTEM, d/b/a MARY WASHINGTON HOSPITAL, INC. FROM T...

32. 042842 Ellis v. Simmons 09/16/2005 In seeking to establish a prescriptive easement over a roadway, the complainants failed to prove by clear and convincing evidence that the proposed use of the roadwa (09/16/2005)

33. 050985 In re: Gordon E. Hannett 09/16/2005 (Revised 09/19/2005) In a dispute concerning appointment of an acting Commonwealth's Attorney under Code A (09/16/2005)

Present: All the Justices IN RE: GORDON E. HANNETT, COMMONWEALTH'S ATTORNEY FOR THE COUNTY OF FLOYD Record No. 050985 OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. September 16, 2005 UPON A PETITIO...

34. 042706 Kent Jermaine Jackson v. Warden (Unpublished Order) 06/16/2005 Habeas Corpus Petition in capital murder case is dismissed. (06/16/2005)

35. 041737 Rose v. Commonwealth 06/09/2005 In an appeal from a capital murder conviction based on a killing committed in the commission of robbery or attempted robbery, the circuit court and the Court of (06/09/2005)

36. 041919 Charles v. Commonwealth 06/09/2005 The Court of Appeals erred in finding that a defendant's participation in the Detention Center Incarceration Program was merely a condition of probation and t (06/09/2005)

37. 041934 Autumn Ridge, L.P. v. Acordia of Virginia Insurance 06/09/2005 In an action by 12 limited partnerships alleging negligence and breach of contract by an insurance broker in failing to include th (06/09/2005)

38. 041941 Southern Christian Leadership Conference v. Shannon 06/09/2005 In a dispute between Virginia and Georgia corporations over use of a corporate name and various service marks, the trial court did (06/09/2005)

39. 041952 Dixon v. Commonwealth 06/09/2005 (Revised 10/05/2005) In a prosecution for driving under the influence of alcohol, driving on a suspended license, and refusing to submit to a breath or blood al (06/09/2005)

40. 041954 Shivaee v. Commnwealth 06/09/2005 (Revised 12/09/2005) In considering appeals from two different trial court judgments of civil commitment under Virginia's Sexually Violent Predators Act (SVPA) (06/09/2005)

41. 041985 Couplin v. Payne 06/09/2005 Code A (06/09/2005)

PRESENT: All the Justices DEON ERIC COUPLIN v. Record No. 041985 OPINION BY JUSTICE G. STEVEN AGEE June 9, 2005 AUBREY GILL PAYNE, JR. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY R. Terrence Ney, Judge ...

42. 041990 WBM, LLC v. Wildwoods Holding Corp. 06/09/2005 In a suit seeking specific performance of a contract to sell real estate comprising a corporation's sole asset, the chancellor did not err in stri (06/09/2005)

43. 042069 City of Lynchburg v. Brown 06/09/2005 In a "slip and fall" personal injury case involving a damaged bleacher at a municipally-maintained athletic park, the trial court erred in refusing to rule (06/09/2005)

44. 042122 Morgan v. Russrand Triangle Associates, L.L.C. 06/09/2005 The trial court erred in entering an order nunc pro tunc more than 21 days after entry of a prior order, where entry of the prior order (06/09/2005)

45. 042158 Farnsworth v. Commonwealth 06/09/2005 In a prosecution under Code A (06/09/2005)

46. 042192 Commonwealth Transportation Comm'r v. Glass 06/09/2005 In a partial taking condemnation case where a landowner sought compensation for damage to properties other than those listed in the certif (06/09/2005)

47. 042204 Commonwealth v. Hilliard 06/09/2005 A criminal suspect was questioned by law enforcement personnel after he invoked his right to counsel, and thus his motion to suppress an incriminating statem (06/09/2005)

48. 042226 Auer v. Miller 06/09/2005 In a wrongful death case, the trial court did not err in granting immunity to a physician pursuant to Code A (06/09/2005)

49. 042228 Bates v. McQueen 06/09/2005 Arbitrators appointed to consider a dispute under a timber sale agreement failed to conduct a hearing, and it was error for the trial court not to vacate their award (06/09/2005)

Present: All the Justices DAVID M. BATES OPINION BY v. Record Nos. 042228 & 042639 JUSTICE CYNTHIA D. KINSER June 9, 2005 JOHN B. McQUEEN, D/B/A CYPRESS SPRINGS LOGGING FROM THE CIRC...

50. 042240 Cartwright v. Commonwealth Transportation Comm'r 06/09/2005 In a Virginia Freedom of Information Act dispute, the circuit court erred in sustaining a state agency's demurrer and in denying plai (06/09/2005)

51. 042275 Holley v. Pambianco 06/09/2005 It was error for the trial court to receive into evidence in a medical malpractice trial certain general statistical information related to the frequency of probl (06/09/2005)

52. 042344 Nerri v. Adu-Gyamfi 06/09/2005 The trial court erred in granting a nonsuit in a proceeding in which a motion for judgment was signed by an attorney whose license to practice law in the Commonwe (06/09/2005)

53. 042404 United States v. Blackman 06/09/2005 In response to questions of law certified under Rule 5:42 from the United States District Court for the Western District of Virginia, it is held that the la (06/09/2005)

54. 040275 Morrisette v. Warden (Order) 06/03/2005 (Revised 11/04/2005) In considering a habeas corpus petition, the petitioner's various claims with respect to the guilt and penalty phases of his trial a (06/03/2005)

55. 040797 Asplundh Tree Expert Co. v. Pacific Employers Insurance 04/22/2005 (Revised 05/10/2005) In a declaratory judgment action brought by an insurer to determine its motor vehicle liability policy ob (04/22/2005)

56. 041050 Muhammad v. Commonwealth 04/22/2005 (Revised 07/26/2005) No error is found upon review of capital murder convictions and death sentences arising out of a portion of defendant's conduct in a ser (04/22/2005)

57. 041180 Davenport v. Little-Bowser 04/22/2005 The trial court erred in holding that Code A (04/22/2005)

58. 041271 XL Specialty Insurance Co. v. Commonwealth 04/22/2005 The Court of Appeals erred in transferring a surety's consolidated appeal from two circuit court judgments to the Supreme Court of Virginia (04/22/2005)

59. 041584 Lee v. Mulford 04/22/2005 In an action upon a promissory note, the trial court did not err in confirming a jury verdict and refusing to award attorney's fees in a post-verdict proceeding. Absen (04/22/2005)

60. 041585 Commonwealth v. Hudgins 04/22/2005 In reviewing the defendant's claim of double jeopardy, the Court of Appeals erred in determining that grand larceny from the person is a lesser-included offen (04/22/2005)

61. 041716 Stockbridge v. Gemini Air Cargo, Inc. 04/22/2005 In a breach of contract action pertaining to a Delaware corporation's obligation to repurchase shares of its own stock from a former employee, t (04/22/2005)

62. 041720 Xspedius Management Co. v. Stephan 04/22/2005 In an action for continuing trespass to real property arising from a fiber optic cable that was buried under the land without permission, the defen (04/22/2005)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Compton, S.J. XSPEDIUS MANAGEMENT CO. OF VIRGINIA, L.L.C. v. OPINION BY JUSTICE CYNTHIA D. KINSER April 22, 2005 ALBERT J. ...

63. 041722 Forbes v. Rapp 04/22/2005 In an action arising from the refusal of the high bidder at an auction of real estate to complete the purchase transaction, the chancellor did not err in awarding dama (04/22/2005)

64. 041861 Kollman v. Jordan 04/22/2005 In a defamation action by a city's former mayor against a local resident for publishing advertisements in connection with an election allegedly stating inaccurately (04/22/2005)

65. 041885 Jordan v. Kollman 04/22/2005 In a defamation action by a city's former mayor against a local resident for publishing advertisements in connection with an election allegedly stating inaccurately (04/22/2005)

66. 041892 Jenkins v. Pyles 04/22/2005 (Revised 05/10/2005) In a personal injury case, the circuit court erred in setting aside a jury verdict in the plaintiff's favor on the ground that plaintiff was gui (04/22/2005)

67. 041908 Baumann v. Capozio 04/22/2005 The trial court erred in ruling that parents of a minor child injured by the defendant's tortious conduct had, by implication, waived their cause of action against (04/22/2005)

68. 041994 Safrin v. Travaini Pumps USA, Inc. 04/22/2005 More than 21 days after the entry of a confessed judgment pursuant to Code A (04/22/2005)

69. 042306 Judicial Inquiry & Review Comm'n v. Peatross 04/22/2005 In considering a complaint filed against a circuit court judge by the Judicial Inquiry and Review Commission, charges that the judge enga (04/22/2005)

70. 042336 Barrett v. Virginia State Bar 04/22/2005 (Revised 05/10/2005) In an appeal of right from a ruling of the Virginia State Bar Disciplinary Board suspending a Virginia attorney's license to practi (04/22/2005)

71. 042630 Pilli v. Virginia State Bar 04/22/2005 In an appeal of right from a ruling of the Virginia State Bar Disciplinary Board suspending an attorney's license to practice law in the Commonwealth for (04/22/2005)

72. 021660 Yarbrough v. Warden 03/03/2005 In a petition for a writ of habeas corpus alleging deprivation of the Sixth Amendment right to effective assistance of counsel during penalty phase proceedings in (03/03/2005)

73. 031201 Emmett v. Warden (Order) 03/03/2005 In a habeas corpus petition the error in a verdict form on which the application relies was not a structural error under governing law. Accordingly, the prej (03/03/2005)

74. 040480 Green v. Ingram 03/03/2005 (Revised 03/04/2005) In a wrongful death case, the trial court erred in granting a motion to strike the plaintiff's evidence as it applied to the claim of gross negli (03/03/2005)

75. 040616 Patton v. City of Galax 03/03/2005 In companion equity and law cases concerning a board of zoning appeals' denial of a conditional use permit for a parcel of real property, the property owners (03/03/2005)

76. 040726 Parker v. Commonwealth 03/03/2005 The Court of Appeals correctly concluded that claimed errors in a misdemeanor conviction under Code A (03/03/2005)

77. 040774 Hood v. Commonwealth 03/03/2005 (Revised 04/26/2005) Because a murder defendant's evidence at trial was inconsistent with information provided in proffer statements he submitted to the governme (03/03/2005)

78. 040928 Palmer v. Commonwealth 03/03/2005 Defendant's convictions under Code A (03/03/2005)

79. 040979 Townes v. Commonwealth 03/03/2005 Because a prisoner had completed serving his sentence for a rape conviction at the time proceedings were begun by the Commonwealth to have him civilly committe (03/03/2005)

80. 041200 McCloud v. Commonwealth 03/03/2005 (Revised 03/16/2005) In a petition seeking involuntary civil commitment of a prisoner to a secure mental health facility as a sexually violent predator, the t (03/03/2005)

81. 041308 Jackson v. Fidelity and Deposit Company 03/03/2005 (Revised 03/16/2005) The trial court erred in ignoring the plain language of a will when it failed to accord full spendthrift protection to a (03/03/2005)

82. 041338 Viney v. Commonwealth 03/03/2005 The evidence was sufficient to support the defendant's conviction on two counts of taking indecent liberties with a child in violation of Code A (03/03/2005)

83. 041386 Bentley Funding Group v. SK&R Group 03/03/2005 In a dispute over ownership of cash erosion control escrow deposits, the trial court erred in finding that a development company's failure to list (03/03/2005)

84. 041390 Lewis v. Commonwealth 03/03/2005 In a murder and robbery prosecution, the Commonwealth's Attorney's repeated questioning of an alibi witness concerning criminal activity involving the defendant (03/03/2005)

85. 041454 Commonwealth v. Allen 03/03/2005 The trial judge did not err in ruling that the Commonwealth failed to meet its burden of proof in a petition pursuant to Code A (03/03/2005)

86. 041455 Gas Mart Corp. v. Board of Supervisors 03/03/2005 In resolving a number of complaints challenging the validity of revisions to a county's zoning ordinance, the trial court erred in ruling on th (03/03/2005)

87. 032714 Morris v. Commonwealth 01/14/2005 The trial court correctly concluded that a flare gun is a firearm and properly convicted the defendant of knowingly and intentionally possessing or transportin (01/14/2005)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Carrico, S.J. DONOVAN PAYNE MORRIS OPINION BY v. Record No. 032714 SENIOR J...

88. 040143 El-Amin v. Commonwealth 01/14/2005 (Revised 01/27/2005) In a prosecution for possession of cocaine with intent to distribute and possession of a firearm while in possession of a controlled subs (01/14/2005)

89. 040254 Jefferson v. Commonwealth 01/14/2005 The Court of Appeals of Virginia did not err in affirming a circuit court's judgment revoking a suspended sentence where the sentencing order was entered at (01/14/2005)

90. 040367 Collins v. Commonwealth 01/14/2005 The trial court correctly revoked a defendant's suspended sentence after he committed a second offense while free on bond pending appeal of the original convi (01/14/2005)

91. 040389 Hinkley v. Koehler 01/14/2005 In a medical malpractice action, the circuit court erred in concluding that one of the defendants’ witnesses was qualified under Code A (01/14/2005)

92. 040418 National Bank of Fredericksburg v. Virginia Farm Bureau Ins. 01/14/2005 The trial court correctly ruled that, when the owners of a vehicle covered by insurance failed to renew the policy by tim (01/14/2005)

93. 040433 Hudson v. Jarrett 01/14/2005 (Revised 01/27/2005) The trial court erred in granting intervention to a stevedore company and its insurer in a tort action by one of the stevedore's employees agai (01/14/2005)

94. 040569 Capelle v. Orange County 01/14/2005 (Revised 01/27/2005) The circuit court erred in holding that zoning provisions in a county code permitted construction of an access road to transport materia (01/14/2005)

95. 040585 Drinkard-Nuckols v. Andrews 01/14/2005 (Revised 01/20/2005) In a medical malpractice case, the trial court did not err in admitting evidence, over the plaintiff's objection, concerning what the (01/14/2005)

96. 040746 Correll v. Commonwealth 01/14/2005 In a trial for felonious abuse or neglect of an incapacitated adult in violation of Code A (01/14/2005)

97. 040779 LZM, Inc. v. Virginia Dept. of Taxation 01/14/2005 In a dispute concerning the collection and remittance of sales tax on charges for portable toilet pumping services, the trial court did not er (01/14/2005)

98. 040804 Martin v. Ziherl 01/14/2005 In a private tort suit alleging transmission of herpes virus in consensual sexual conduct between unmarried adults, the trial court erred in sustaining a demurrer ba (01/14/2005)

99. 040913 Vasquez v. Mabini 01/14/2005 Because expert testimony concerning damages in a wrongful death case was based upon fictional assumptions not supported by the evidence, it was speculative and unre (01/14/2005)

100. 040915 Pettus v.Gottfried 01/14/2005 In a wrongful death case alleging medical negligence it was error for the trial court to receive certain portions of deposition testimony from treating physicians (01/14/2005)