2006)

2. 052242 Gunn v. Commonwealth 11/03/2006 The judgment of the Court of Appeals upholding a conviction under Code A (11/03/2006)

Present: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., and Carrico, S.J. ROBYN GUNN v. Record No. 052242 OPINION BY JUSTICE CYNTHIA D. KINSER November 3, 2006 COMMONWEALTH...

3. 052371 Baker v. PoolService Company 11/03/2006 In a wrongful death action, the trial court did not err in sustaining a swimming pool service company's demurrer because plaintiff alleged duties that ar (11/03/2006)

4. 052411 Workman v. Commonwealth 11/03/2006 In a murder and firearms prosecution, certain evidence discovered by the defendant after trial and before sentencing was exculpatory in nature and should have (11/03/2006)

5. 052476 Johnson v. DeBusk Farm, Inc. 11/03/2006 (Revised 11/17/2006) The trial court did not err in finding the existence of a prescriptive easement across real property, and in finding that the owner (11/03/2006)

6. 052526 1924 Leonard Road v. Van Roekel 11/03/2006 In suits for partition of residential property and imposition of a resulting trust, the circuit court erred in certain evidentiary rulings but not in (11/03/2006)

7. 052533 Jones v. Commonwealth 11/03/2006 In a prosecution for felony child neglect in violation of Code A (11/03/2006)

8. 052556 DiMaio v. Commonwealth 11/03/2006 In considering a former corporate employee's convictions for computer fraud in violation of Code A (11/03/2006)

9. 052600 Parson v. Carroll 11/03/2006 In a defamation case, the circuit court erred in granting summary judgment for the defendant where the material factual allegations of plaintiff's motion for judgme (11/03/2006)

10. 052609 Haley v. Haley 11/03/2006 In elective share litigation pursued by the surviving spouse of a Virginia decedent, the trial court did not err in finding that the spouse failed to strictly comply w (11/03/2006)

11. 052619 Moore v. Commonwealth 11/03/2006 In a drug prosecution, violation of the requirement under Code A (11/03/2006)

12. 052629 Harrell v. Harrell 11/03/2006 In a divorce proceeding where each party made certain claims, the Court of Appeals erred in affirming the trial court's reservation of spousal support to a party w (11/03/2006)

13. 052635 Tronfeld v. Nationwide Mutual Insurance Co. 11/03/2006 In a defamation action by an attorney against an insurance company and its employee, the trial court erred in sustaining a demurrer assert (11/03/2006)

14. 052647 Collins v. First Union National Bank 11/03/2006 In an action against a bank by designated beneficiaries of accounts set up by other persons as part of a fraudulent investment scheme, because th (11/03/2006)

Present: Hassell, C.J., Lacy, Keenan, Kinser, and Lemons, JJ., and Carrico and Russell, S.JJ. IAN G. COLLINS, ET AL. v. Record No. 052647 OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL November 3, 2006 ...

15. 052654 Morris v. Commonwealth 11/03/2006 In a prosecution for felonious child neglect in violation of Code A (11/03/2006)

16. 052679 Castle v. Lester 11/03/2006 In a medical-malpractice claim arising from the birth of a neurologically impaired child, the defendant doctor's argument for overruling prior settled law is rejecte (11/03/2006)

17. 060034 Gillespie v. Commonwealth 11/03/2006 In the bifurcated sentencing proceeding of a non-capital felony, the trial court erred in failing to redact sentencing information from the defendant's reco (11/03/2006)

18. 060043 Bethel Investment Co. v. City of Hampton 11/03/2006 In an inverse condemnation and property damage action, the defendant city failed to carry its burden of proof on affirmative defenses based o (11/03/2006)

19. 060053 Uninsured Employer's Fund v. Gabriel 11/03/2006 In a claim for workers' compensation benefits, the Court of Appeals erred in its judgment that the Workers’ Compensation Commission had jurisdict (11/03/2006)

20. 060162 Walker v. Commonwealth 11/03/2006 The evidence was sufficient to support the defendant's convictions for abduction in violation of Code A (11/03/2006)

21. 060263 Bristol v. Commonwealth 11/03/2006 (Revised 11/03/2006) In a criminal case based on defendant’s alleged operation of a motor vehicle while under the influence of alcohol, the circuit court erre (11/03/2006)

22. 060267 Molina v. Commonwealth 11/03/2006 In a prosecution for rape and forcible sodomy, the trial court did not err in granting an instruction permitting the jury to find that the rape was committed t (11/03/2006)

23. 060392 Riverside Hospital, Inc. v. Johnson 11/03/2006 (Revised 11/03/2006) In a personal injury suit brought against a hospital and its nurse by a decedent's executor, alleging failure to take proper (11/03/2006)

24. 060558 Green v. Virginia State Bar 11/03/2006 In remanded proceedings concerning imposition of an appropriate sanction for an attorney's violation of Rules 1.3(a) and 8.4(b) of the Virginia Rules of P (11/03/2006)

25. 060216 Dupree v. Commonwealth (ORDER) 10/27/2006 In a prosecution for malicious wounding and use of a firearm in the commission of a felony, it was error under the common law and Code A (10/27/2006)

26. 051386 Hodges v. Commonwealth 09/15/2006 (Revised 11/07/2006) In a first-degree murder case, the Court of Appeals erred in one portion of its holding that the trial court did not commit reversible err (09/15/2006)

27. 051825 Herr v. Wheeler 09/15/2006 The trial court erred in granting a "sudden emergency" instruction in a vehicular accident case where the defendant's vehicle "hydroplaned" on water during a heavy ra (09/15/2006)

28. 051875 Washington v. Commonwealth 09/15/2006 The Court of Appeals did not err in affirming the judgment convicting defendant of malicious wounding after having been twice convicted of a violent felony (09/15/2006)

PRESENT: All the Justices PHILLIP MORRIS WASHINGTON OPINION BY v. Record No. 051875 ...

29. 051890 Stevens v. Commonwealth 09/15/2006 Any error in defendant's prosecution for aggravated involuntary manslaughter under Code A (09/15/2006)

30. 052094 Barber v. VistaRMS, Inc. 09/15/2006 In a petition for writ of mandamus filed by a former shareholder of an employee-owned closely-held corporation, the trial court did not err in sustaining the (09/15/2006)

31. 052128 Rawls v. Commonwealth 09/15/2006 In a prosecution for possession of a firearm by a convicted felon under Code A (09/15/2006)

32. 052139 Renkey v. County Bd. of Arlington County 09/15/2006 In this zoning dispute, the circuit court erred by treating certain language in a county zoning ordinance as a preamble and not an operative (09/15/2006)

Present: All the Justices MARY RENKEY, ET AL. v. OPINION BY JUSTICE CYNTHIA D. KINSER September 15, 2006 COUNTY BOARD OF ARLINGTON COUNTY, ET AL. FROM THE CIRCUIT COURT OF ARLINGTON COUNTY Benjamin ...

33. 052224 The Country Vintner, Inc. v. Louis Latour, Inc. 09/15/2006 In a civil case involving wholesale wine distributorships, it was error to dismiss with prejudice certain common law and statutory con (09/15/2006)

34. 052231 Janvier v. Arminio 09/15/2006 In a medical malpractice action, an order granting the plaintiff a second nonsuit without prejudice pursuant to Code A (09/15/2006)

35. 052240 Gowin v. Granite Depot 09/15/2006 In a derivative suit brought by a member of a limited liability company whose membership was terminated due to nonpayment of a promissory note, the trial court (09/15/2006)

36. 052272 Davis v. Commonwealth 09/15/2006 The judgment of the Court of Appeals of Virginia, which denied the defendant's petition for appeal from his conviction in a bench trial for object sexual penetr (09/15/2006)

37. 052317 Bio-Medical Applications of VA v. Coston 09/15/2006 In a medical malpractice case, after briefing and oral argument of defendant's motion for summary judgment concerning the absence of any expe (09/15/2006)

38. 052333 White Dog Publishing v. Culpeper Bd. of Sup. 09/15/2006 In considering certain newspaper publishers' application for a writ of mandamus, the circuit court erred in finding that a county board o (09/15/2006)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. WHITE DOG PUBLISHING, INC., ET AL. v. Record No. 052333 OPINION BY JUSTICE CYNTHIA D. KINSER Septe...

39. 052506 Hoffman Family, L.L.C. v. City of Alexandria 09/15/2006 The circuit court correctly concluded that a city's condemnation of land to relocate a box culvert for its storm water management system, (09/15/2006)

40. 052508 Dreher v. Budget Rent-A-Car System, Inc. 09/15/2006 A New York Vehicle and Traffic Law provision imposing vicarious liability on a vehicle owner for injuries caused by a permissive operator's n (09/15/2006)

41. 052537 Today Homes, Inc. v. Williams 09/15/2006 In a case involving alleged arrogation of a corporate opportunity by two officers of the plaintiff corporation, the judgment of the trial court is affir (09/15/2006)

42. 060248 Barrett v. Virginia State Bar 09/15/2006 Concerning charges of attorney misconduct, that part of a judgment of a three-judge court holding that certain actions taken by an attorney during his d (09/15/2006)

43. 051228 Eads v. Clark 06/08/2006 The trial court did not err in refusing to allow a licensed attorney to intervene in a suit regarding the disposition of real property that he filed while retained as c (06/08/2006)

44. 051335 Commonwealth Transp. Comm'r v. Windsor Industries 06/08/2006 The chancellor correctly determined that real property formerly owned by a now-dissolved corporation and acquired by the Commonwealt (06/08/2006)

45. 051613 Saks Fifth Avenue v. James, Ltd. 06/08/2006 In a suit for breach of fiduciary duty and violation of Code A (06/08/2006)

46. 051701 Alcoy v. Valley Nursing Homes, Inc. 06/08/2006 Causes of action for negligence as well as sexual assault and battery based on the failure of nursing home personnel to ensure a resident's safety (06/08/2006)

47. 051708 Norfolk Redevelopment v. C and C Real Estate 06/08/2006 Concerning allegedly blighted property condemned and acquired pursuant to a housing authority's conservation plan, the circuit court erre (06/08/2006)

48. 051745 Burroughs v. Keffer 06/08/2006 In a personal injury action arising from a motor vehicle accident, reasonable persons could differ regarding the issue of whether, based on the evidence, the driv (06/08/2006)

49. 051798 Huaman v. Aquino 06/08/2006 A testator “owned (06/08/2006)

50. 051852 Shutler v. Augusta Health Care for Women 06/08/2006 In a patient's medical negligence suit against a physician and his employer based on vicarious liability, the trial court erred in granting t (06/08/2006)

51. 051859 Grubb v. Grubb 06/08/2006 In consolidated appeals relating to a decedent's estate, involving charges that the executor improperly transferred numerous certificates of deposit to his sole owners (06/08/2006)

52. 051882 Bland v. Virginia State University 06/08/2006 In Virginia Freedom of Information Act litigation concerning whether an agency properly redacted personnel information appearing in certain reports (06/08/2006)

53. 051891 Bitar v. Rahman 06/08/2006 In a medical malpractice action, although plaintiff’s only medical expert witness did not state his opinion to a reasonable degree of medical probability, defendant d (06/08/2006)

54. 051968 Wilson v. Commonwealth 06/08/2006 In a case charging possession with intent to distribute drugs, there is no merit in defendant's challenge to the sufficiency of the evidence, but the judgments (06/08/2006)

55. 051990 Judicial Inquiry & Review Comm'n v. Elliott 06/08/2006 Upon consideration of a complaint filed by the Judicial Inquiry and Review Commission of Virginia presenting seven charges of misconduct b (06/08/2006)

56. 052025 Kone v. Wilson 06/08/2006 An administrator of a decedent's estate who is not licensed to practice law in Virginia may not file a wrongful death action pro se. Any such filing is invalid and of (06/08/2006)

57. 052060 Martin v. Commonwealth 06/08/2006 The Court of Appeals correctly determined that, as used in Code A (06/08/2006)

Present: All the Justices JAMES MARTIN v. Record No. 052060 OPINION BY JUSTICE ELIZABETH B. LACY ...

58. 052079 Lynch v. Commonwealth 06/08/2006 The Court of Appeals correctly affirmed a defendant's conviction on murder, armed robbery, burglary and firearms charges, rejecting challenges focusing on the a (06/08/2006)

59. 052348 Atkins v. Commonwealth 06/08/2006 In a capital murder case previously appealed, the reinstatement of a death sentence after a jury in the current phase of proceedings found the defendant not me (06/08/2006)

60. 060138 Commonwealth v. South (ORDER) 06/08/2006 In reversing a conviction of felony assault and battery of law enforcement officers under Code A (06/08/2006)

61. 050212 Ogunde v. Commonwealth 04/21/2006 The trial court erred in ruling that an inmate's negligence action brought against the Commonwealth under the Virginia Tort Claims Act, Code A (04/21/2006)

62. 050722 Jakabcin v. Town of Front Royal 04/21/2006 A quorum of a governing body's members must be physically present to convene a valid meeting and take any action other than adjourning the meeting to (04/21/2006)

63. 050909 Roe v. Commonwealth 04/21/2006 An order dismissing criminal charges, entered where the Commonwealth failed to procure the presence of a defendant who was in the custody of federal officials, an (04/21/2006)

64. 051044 Spencer v. City of Norfolk 04/21/2006 (Revised 04/21/2006) In a reckless driving case, the Supreme Court has jurisdiction to hear the appeal where a term of incarceration was imposed, and then (04/21/2006)

65. 051243 Montgomery v. McDaniel 04/21/2006 (Revised 04/24/2006) The trial court did not err in sustaining an employer's demurrer to a former employee's motion for judgment asserting a claim for abuse of (04/21/2006)

66. 051349 Lewis v. Lewis 04/21/2006 An interlocutory decree in a divorce case, dismissing a cross-bill for annulment, did not adjudicate the principles of a cause and therefore was not appealable. The Co (04/21/2006)

67. 051378 Nobrega v. Commonwealth 04/21/2006 In its consideration of a defendant's convictions under Code A (04/21/2006)

68. 051410 Campbell v. Harmon 04/21/2006 (Revised 04/21/2006) A personal representative has standing under Code A (04/21/2006)

69. 051451 Restaurant Co. v. United Leasing Corp. 04/21/2006 (Revised 04/24/2006) A debtor's assumption of a lease pursuant to a confirmed Chapter 11 plan does not create a new lease, and bankruptcy proce (04/21/2006)

70. 051478 Orndorff v. Commonwealth 04/21/2006 In a prosecution for second degree murder in the shooting death of the defendant's husband, the Court of Appeals did not err in approving the circuit court’s (04/21/2006)

71. 051543 Eagle Harbor v. Isle of Wight County 04/21/2006 (Revised 04/24/2006) In a suit by developers seeking declaratory and compensatory relief relating to utility connection fees imposed by a county (04/21/2006)

72. 051563 Welch v. Commonwealth 04/21/2006 Testimony by a minor victim that she had a "sexual relationship" with an adult defendant "over 20" times, and defendant's purported admission to her mother that (04/21/2006)

Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Compton,∗ S.J. JAMES ROBERT WELCH, JR. v. Record No. 051563 OPINION BY JUS...

73. 051570 Baker v. Elmendorf 04/21/2006 An appeal of a general district court conviction to a circuit court under Code A (04/21/2006)

74. 051592 Monahan v. Obici Medical Management 04/21/2006 In a medical malpractice case, the defendant health care provider was not required to affirmatively plead the defense of failure to mitigate damag (04/21/2006)

75. 051612 Thornton v. Glazer 04/21/2006 In a medical malpractice case, the trial court erred in its refusal to admit deposition testimony of a treating physician as rebuttal, and erred in its refusal of (04/21/2006)

76. 051651 Schlegel v. Bank of America 04/21/2006 In litigation involving funds frozen by a receiving bank after transfer pursuant to unauthorized payment orders, Code A (04/21/2006)

77. 051699 Cherrystone Inlet v. BZA for Northampton County 04/21/2006 A board of zoning appeals properly denied variances from setback requirements where a developer failed to show that its recently platt (04/21/2006)

78. 051750 American Physical Therapy Ass'n v. Fed. of State Boards of Physical Therapy 04/21/2006 In a breach of contract action regarding the setting of fees, the trial court erred in ruling that the fiv (04/21/2006)

79. 051986 City of Chesapeake v. States Self-Insurers Risk Retention Group 04/21/2006 In response to a certified question accepted under Article VI, Section 1 of the Constitution of Virginia and Rule 5:42 (04/21/2006)

80. 052136 Pappas v. Virginia State Bar 04/21/2006 In a discipline proceeding in which the Virginia State Bar Disciplinary Board suspended an attorney's license to practice law for a period of six months, (04/21/2006)

81. 042751 Jackson (Jerry T.) v. Warden (ORDER) 03/24/2006 Upon consideration of a petition for a writ of habeas corpus, respondent's motion to dismiss the petition is granted. Petitioner's various claims (03/24/2006)

VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond, on Friday, the 24th day of March, 2006. Jerry Terrell Jackson, ...

82. 050461 Board of Sup. of Culpeper v. Greengael, L.L.C. 03/03/2006 (Revised 05/26/2006) In suits brought by a developer against a local governing body and others alleging improper denial of a subdivisio (03/03/2006)

83. 050702 Berry v. F&S Financial Marketing, Inc. 03/03/2006 In an action to collect upon a debt contract used to finance the purchase of a motor vehicle, the trial court did not err in granting plaintiff (03/03/2006)

84. 050710 Virginia Tech. v. Interactive Return Service 03/03/2006 In a research contract dispute leading to partially offsetting judgments and obligations, the Setoff Debt Collection Act and Code A (03/03/2006)

85. 051161 Berry v. Trible 03/03/2006 In a will contest, the circuit court erred in confirming a jury verdict that a handwritten phrase and notation, made on the face of a typewritten draft of a will cont (03/03/2006)

PRESENT: All the Justices TAMARA MOWBRAY BERRY v. Record No. 051161 OPINION BY JUSTICE BARBARA MILANO KEENAN March 3, 2006 ESTHER MADDOX TRIBLE, ET AL. FROM THE CIRCUIT COURT OF FAUQU...

86. 051179 PMA Capital Insurance Co. v. US Airways 03/03/2006 In an insurance case involving a claim for compensation for business interruption losses in the airline industry arising from the September 11 (03/03/2006)

87. 051269 Board of Sup. Fairfax Cty. v. Bd. of Zoning of Fairfax 03/03/2006 In an appeal from a decision of a board of zoning appeals (BZA) to the circuit court, the 30-day filing requirement set forth i (03/03/2006)

88. 051423 Juniper v. Commonwealth 03/03/2006 No error is found upon review of capital murder convictions and death sentences, along with convictions and sentences for related burglary and firearms offens (03/03/2006)

89. 060023 In re: Robert F. Horan, Jr., Commonwealth's Attorney (ORDER) 01/19/2006 In ruling on defendant's pre-trial motion alleging that the Commonwealth violated the defendant's rights under the Vienna (01/19/2006)

90. 050095 Ulloa v. QSP, Inc. 01/13/2006 In an action for misappropriation of confidential business information in violation of an employment contract, the trial court did not err in determining that the (01/13/2006)

91. 050329 Plunkett v. Plunkett 01/13/2006 In a case where husband and wife executed a marital agreement and mutual reciprocal wills, the trial court erred in considering extrinsic evidence pertaining to (01/13/2006)

92. 050333 Cox v. Geary 01/13/2006 A plaintiff who was wrongly convicted of criminal charges suffered one indivisible injury in the conviction and imprisonment, giving rise to one cause of action. His rel (01/13/2006)

93. 050353 Schmidt v. Wachovia Bank 01/13/2006 (Revised 01/31/2006) The trial court correctly determined, under the early vesting rule, that remainder interests in two trusts created by parents for their (01/13/2006)

PRESENT: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Stephenson, S.J. WILLIAM C. SCHMIDT, III, ET AL. v. OPINION BY JUSTICE ELIZABETH B. LACY January 13, 2006 WACHOVIA BANK, NAT...

94. 050374 Jenkins v. Director, Va. Ctr. for Behavior Rehab. 01/13/2006 In view of the substantial liberty interest at stake in an involuntary civil commitment based upon Virginia's Sexually Violent Preda (01/13/2006)

95. 050376 Johnston v. First Union National Bank 01/13/2006 In a suit by mortgage debtors for a declaration that their obligation was fully paid and discharged, under Code A (01/13/2006)

96. 050395 Commonwealth v. Cary 01/13/2006 In a prosecution for first-degree murder and use of a firearm in that murder, the trial court erred in refusing to give a proffered instruction on self-defense w (01/13/2006)

97. 050417 White v. Boundary Association, Inc. 01/13/2006 A board of directors of a property owners’ association was not authorized under the applicable declaration to assign parking spaces for the exclus (01/13/2006)

98. 050478 Overbey v. Commonwealth 01/13/2006 In a prosecution for possession of a firearm by a convicted felon under Code A (01/13/2006)

99. 050510 Foster v. Commonwealth 01/13/2006 Under Code A (01/13/2006)

100. 050544 Hubbard v. Dresser, Inc. 01/13/2006 In a case alleging breaches of express and implied warranties in the sale of petroleum dispensing equipment, it was error to sustain a demurrer against a ple (01/13/2006)