2007)

2. 062180 Billips v. Commonwealth 11/02/2007 (Revised 11/05/2007) Admissibility of opinion evidence based upon plethysmograph testing at a sentencing proceeding requires the same threshold finding of rel (11/02/2007)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. MATTHEW EDWARD BILLIPS v. Record No. 062180 OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL November 2, 2007 COMM...

3. 062231 Perez v. Commonwealth 11/02/2007 Petitions in juvenile court and an undated order provided clear and non-conjectural proof of prior juvenile adjudications of guilt for acts that would have been (11/02/2007)

4. 062452 Meeks v. Commonwealth 11/02/2007 Because the crime of credit card theft is completed where the card or number is unlawfully taken from its rightful owner or is received with knowledge that it h (11/02/2007)

5. 062454 Scott v. Commonwealth 11/02/2007 In a criminal prosecution, the circuit court abused its discretion in granting the Commonwealth’s motion that a defendant be tried in a single case for nine rob (11/02/2007)

PRESENT: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. OTIS SCOTT, III v. Record No. 062454 OPINION BY JUSTICE BARBARA MILANO KEENAN November 2, 2007 COMMONWEALTH OF...

6. 062482 McGowan v. Commonwealth 11/02/2007 In a prosecution for cocaine distribution, the trial court erred in admitting evidence of a subsequent crime committed by the defendant for the purpose of imp (11/02/2007)

7. 062504 Little v. Cooke 11/02/2007 In a partnership derivative suit alleging counts for breach of fiduciary duty and legal malpractice, issues relating to an award of “tax damages, (11/02/2007)

8. 070007 Alston v. Commonwealth 11/02/2007 (Revised 02/08/2007) Considering a constitutional challenge to the postrelease supervision component of a defendant's sentence, Code A (02/08/2007)

9. 070136 Martin v. Commonwealth 11/02/2007 (Revised 02/08/2007) In light of Code A (02/08/2007)

10. 070137 Jackson v. Commonwealth 11/02/2007 (Revised 11/06/2007) In a case where a hospital emergency room nurse administered a physician-prescribed narcotic pain analgesic to the defendant, who shortly (11/02/2007)

11. 070150 Howell v. Commonwealth 11/02/2007 It was an abuse of discretion for a trial court to require a defendant to pay for the installation of a security system as restitution for a burglary offense. (11/02/2007)

12. 070376 Davis v. Johnson 11/02/2007 The record refutes a habeas corpus petitioner's claim that the trial court failed adequately to consider a supplemental submission, and no abuse of discretion is fou (11/02/2007)

13. 070479 Commonwealth v. Juares 11/02/2007 A trial court did not err in denying motions for a mistrial and to set aside the verdict in a sexual battery prosecution based on an ex parte communication bet (11/02/2007)

14. 071014 Judicial Inquiry and Review Comm'n v. Shull 11/02/2007 In considering a complaint filed by the Judicial Inquiry and Review Commission against a general district court judge alleging that he vio (11/02/2007)

15. 061577 Nizan v. Wells Fargo Bank 09/14/2007 In a proceeding concerning the liability of a guarantor of a deed of trust note and involving application of the Uniform Commercial Code, the circuit court (09/14/2007)

16. 061701 Pruitt v. Commonwealth 09/14/2007 The Court of Appeals erred in upholding the judgment of the circuit court convicting a defendant of concealing a weapon "about his person" in violation of Code (09/14/2007)

17. 061719 Harris v. Commonwealth 09/14/2007 Because a "box cutter" is not a weapon described in Code A (09/14/2007)

18. 061728 Collins v. Shepherd 09/14/2007 In a civil case for personal injury damages in which the circuit court sua sponte entered an order of dismissal with prejudice pursuant to a local rule providing (09/14/2007)

19. 061737 Commonwealth Transp. Comm'r v. Target Corp. 09/14/2007 In a condemnation case that resulted in a judgment in favor of the owner of a high-volume discount retail store, the Commonwealth Transpor (09/14/2007)

20. 061797 Architectural Stone, LLC v. Wolcott Center, LLC 09/14/2007 In an unlawful detainer action, a district court's denial of a tenant's motion to set aside a default judgment pursuant to Code A (09/14/2007)

21. 061813 Heron v. Transportation Casualty Ins. Co. 09/14/2007 The trial court erred in ruling that insurance coverage under the MCS-90 liability endorsement required by the Federal Motor Carrier Act of (09/14/2007)

22. 061909 McCabe v. Commonwealth 09/14/2007 Requiring a convicted sex offender to comply with post-incarceration periodic reregistration requirements that were amended after the offense and trial proceed (09/14/2007)

23. 061960 Vahdat v. Holland 09/14/2007 In a case arising from a vehicular accident, the circuit court did not err by giving a jury instruction on the "sudden emergency" doctrine containing no reference t (09/14/2007)

24. 062012 Ace Temporaries v. City Council of Alexandria 09/14/2007 (Revised 09/25/2007) The portion of the judgment of the trial court holding that under Code A (09/14/2007)

25. 062025 Morency v. Commonwealth 09/14/2007 A 2004 court order directing removal of the identifying information of a convicted violent sex offender from the Internet sex offender registry maintained by (09/14/2007)

26. 062111 Miller v. Highland County 09/14/2007 In appeals challenging a county board of supervisors' approval of a conditional land use permit, it is held that the board is a required party defendant and (09/14/2007)

27. 062303 West Square, L.L.C. v. Communication Technologies 09/14/2007 (Revised 09/24/2007) In litigation concerning whether a commercial lease with an attorneys' fee and cost recovery provision had been (09/14/2007)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Lacy, S.J.1 WEST SQUARE, L.L.C. v. OPINION BY JUSTICE CYNTHIA D. KINSER September 14, 2007 COMMUNICATION TECHNOLOGIES, INC. F...

28. 062339 Fancher v. Fagella 09/14/2007 Injunctive relief is available under Virginia law to compel an adjoining landowner to remove a tree, the roots of which intrude into and cause significant, continu (09/14/2007)

29. 062430 Boots, Inc. v. Singh 09/14/2007 A provision in a contract for the sale of a business and certain associated real estate making a purchaser's cash deposit non-refundable under certain circumstan (09/14/2007)

30. 062460 Neighbors v. Commonwealth 09/14/2007 Under Code A (09/14/2007)

31. 062502 King v. Cooley 09/14/2007 (Revised 09/24/2007) In a medical malpractice case, any error in the exclusion of testimony by a treating physician was harmless in light of the testimony of other wit (09/14/2007)

32. 062563 Fenter v. Norfolk Airport Authority 09/14/2007 In a dispute concerning the Virginia Freedom of Information Act, the trial court erred in finding that an airport authority subject to restriction (09/14/2007)

33. 061428 Muhammad v. Warden (ORDER) 06/12/2007 Upon consideration of a petition for a writ of habeas corpus, respondent's motion to dismiss the petition is granted. Petitioner's various claims alleging (06/12/2007)

34. 061086 Jones v. Brandt 06/08/2007 The circuit court correctly found that an attorney-in-fact had the authority, by virtue of a durable power of attorney under which he acted, to change the beneficiary (06/08/2007)

35. 061218 Justus v. Commonwealth 06/08/2007 The circuit court abused its discretion in refusing to grant a defendant's motion to withdraw her guilty pleas before sentencing pursuant to Code A (06/08/2007)

36. 061228 Stephens v. Commonwealth 06/08/2007 An inmate's petition to change his name for "religious purposes," filed under oath and complying with all of the requirements of Code A (06/08/2007)

37. 061264 Baldwin v. Commonwealth 06/08/2007 In an attempted murder prosecution of a defendant who sped away from an officer standing close to his stopped vehicle, the facts were insufficient as a matter (06/08/2007)

PRESENT: All the Justices OPINION BY JUSTICE G. STEVEN AGEE June 8, 2007 DEMETRIUS D. BALDWIN v. Record No. 061264 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA Demetrius D. Baldwi...

38. 061272 Adams Outdoor Advertising v. Board of Zoning Appeals 06/08/2007 In a dispute regarding zoning ordinance provisions applicable to a lawful nonconforming billboard, the circuit court correctly up (06/08/2007)

39. 061279 Peerless Insurance Co. v. County of Fairfax 06/08/2007 In a suit seeking to allocate financial responsibility between insurance companies and a county concerning a personal injury involving a s (06/08/2007)

40. 061296 Grandison v. Commonwealth 06/08/2007 (Revised 07/02/2007) In a cocaine possession prosecution, the trial court erred in refusing to suppress evidence obtained in an unlawful seizure when – in t (06/08/2007)

PRESENT: Hassell, C.J., Lacy, Koontz, Kinser, Lemons and Agee, JJ., and Stephenson, S.J. TONY DONNELL GRANDISON OPINION BY SENIOR JUSTICE ROSCOE B. STEPHENSON, JR. June 8, 2007 COMMONWEALTH OF VIRGIN...

41. 061304 Mark Five Construction v. Castle Contractors 06/08/2007 In an indemnity action for the benefit of a contractor's insurer against an "intermediate contractor" arising from payments made to an in (06/08/2007)

42. 061317 BBF, Inc. v. Alstom Power, Inc. 06/08/2007 The claim that an arbitration award of liquidated damages violated the public policy of Virginia did not state a ground for vacating an arbitration aw (06/08/2007)

PRESENT: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Stephenson, S.J. BBF, INC., F/K/A BALCKE-D...

43. 061329 Committee of Petitioners v. City of Norfolk 06/08/2007 (Revised 06/22/2007) In proceedings relating to a referendum petition seeking a repeal of four city ordinances, the circuit court did not (06/08/2007)

44. 061339 Augusta Mutual Insurance Co. v. Mason 06/08/2007 In an insurance company's third-party action for damages arising out of an insurance agent’s allegedly fraudulent misrepresentations regarding t (06/08/2007)

45. 061368 Kopalchick v. Catholic Diocese of Richmond 06/08/2007 Because a church diocese is not a “natural person, (06/08/2007)

46. 061373 Settlement Funding v. Von Neumann-Lillie 06/08/2007 In a suit arising out of a loan transaction, the circuit court erred in refusing to apply the law of the jurisdiction stipulated in the choic (06/08/2007)

47. 061410 Scott v. Walker 06/08/2007 In a suit to enforce a restrictive covenant against property being used for other than for residential purposes, in which the plaintiff homeowners sought to enjoin th (06/08/2007)

48. 061456 McDonald v. Commonwealth 06/08/2007 In a constitutional challenge to Code A (06/08/2007)

49. 061496 Brizzolara v. Sherwood Memorial Park 06/08/2007 (Revised 07/02/2007) In a corporate governance dispute presented on motions for summary judgment, the trial court erred in ruling that a majority (06/08/2007)

50. 061505 Jackson v. Hartig 06/08/2007 In an action for defamation brought by an unsuccessful candidate for election to the Virginia House of Delegates against the author and publisher of a newspaper edi (06/08/2007)

51. 061506 Torloni v. Commonwealth 06/08/2007 In a personal injury suit against the Commonwealth, the trial court erred in reducing the ad damnum against the Commonwealth to the $100,000 recovery cap prov (06/08/2007)

52. 061559 Daly v. Shepherd 06/08/2007 Where certain residential real property was capable of co-occupation, in the absence of exclusion or ouster by an occupying co-tenant, the non-occupying co-tenant is (06/08/2007)

53. 061911 Robinson v. Commonwealth 06/08/2007 Applying the rule of strict construction of penal laws, the driver of a vehicle is "involved" in an accident triggering an obligation to remain at the scene (06/08/2007)

Present: All the Justices CLIFFORD ROBINSON OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 061911 June 8, 2007 COMMONWEALTH OF VIRGINI...

54. 061936 Clifford v. Commonwealth (ORDER) 06/08/2007 In a sex crimes case, the Court of Appeals erred in ruling that the trial court should have granted a defense motion to permit cross-examination of t (06/08/2007)

55. 052376 Williams & Connolly v. PETA 04/20/2007 In protracted civil litigation, the trial court did not abuse its discretion in imposing monetary sanctions against six attorneys and their law firms unde (04/20/2007)

56. 060120 Conley v. Commonwealth 04/20/2007 In an appeal arising from a prosecution for abduction with intent to defile and forcible sodomy, the Court of Appeals correctly held that the trial court did n (04/20/2007)

57. 060369 Moses v. Southwestern Va. Transit Mgmt. Co. 04/20/2007 In a personal injury lawsuit, the circuit court erred in setting aside a jury verdict for the plaintiff and entering judgment for the defe (04/20/2007)

58. 060473 Young v. Commonwealth 04/20/2007 The Court of Appeals erred in remanding a robbery case for a new sentencing proceeding under Code A (04/20/2007)

59. 060858 Philip Morris v. The Chesapeake Bay Foundation 04/20/2007 Code A (04/20/2007)

60. 060966 Reilly v. Shepherd 04/20/2007 In a malicious prosecution action against a police officer who investigated an armed robbery, and caused plaintiff to be arrested, the circuit court erred in denyi (04/20/2007)

61. 061000 Isbell v. Commercial Investment Associates 04/20/2007 The circuit court correctly dismissed a tenant's personal injury suit against a landlord for failure to maintain the premises in a safe con (04/20/2007)

62. 061015 Commonwealth v. Miller 04/20/2007 In a proceeding under the Sexually Violent Predators Act, Code A (04/20/2007)

63. 061028 Alexandria City Council v. Mirant Potomac River 04/20/2007 (Revised 06/22/2007) The circuit court did not err in declaring an amendment to a city's zoning ordinance invalid and reinstating two (04/20/2007)

64. 061042 Washington v. Commonwealth 04/20/2007 Defendant's conviction for obstruction of justice in violation of Code A (04/20/2007)

65. 061050 Baldwin v. McConnell 04/20/2007 In an assault and battery case, the trial court abused its discretion in ordering remittitur of a jury award of compensatory and punitive damages when, taking th (04/20/2007)

66. 061085 John C. Holland Enterprises v. Southeastern Pub. Service Auth. 04/20/2007 The trial court did not err in determining that Code A (04/20/2007)

67. 061106 APAC-Atlantic, Inc. v. General Insurance Co. 04/20/2007 Under the Virginia Public Procurement Act, actions on payment bonds relating to general construction projects under contracts awarded by (04/20/2007)

68. 061138 Budd v. Punyanitya 04/20/2007 In a medical malpractice case, the trial court correctly applied Code A (04/20/2007)

69. 061168 Select Management Resources v. The Runnymede Corp. 04/20/2007 Under a commercial lease in which the tenant covenanted not to make any alterations or improvements without prior written permissio (04/20/2007)

70. 061183 Phillips v. Mazyck 04/20/2007 The circuit court erred in sustaining a plea in bar and ordering the parties to arbitrate a plaintiff’s personal injury claim because the record failed to establis (04/20/2007)

71. 061211 Jordan v. Commonwealth 04/20/2007 Because the evidence was insufficient to sustain an accused's convictions of possession with the intent to distribute a Schedule I controlled substance in viol (04/20/2007)

72. 061216 Seymour v. City of Alexandria 04/20/2007 In litigation concerning a municipality's consideration of a re-subdivision application involving a residential neighborhood lot, the trial court correc (04/20/2007)

73. 061230 Reifman v. Gorsen (ORDER) 04/20/2007 There is no reversible error in the judgment of the Circuit Court in a medical malpractice action in which plaintiff's counsel did not move the court to adm (04/20/2007)

74. 061237 In Re: Moseley 04/20/2007 A circuit court had jurisdiction to revoke an attorney's privilege to practice before it, and courts are not required to list with specificity the factual basis for is (04/20/2007)

75. 061361 Fitzgerald v. Commonwealth 04/20/2007 In a prosecution for taking of indecent liberties with a minor by a person in a custodial or supervisory relationship, and charges of object sexual penetra (04/20/2007)

76. 061785 Petrosinelli v. PETA 04/20/2007 In protracted civil litigation, the trial court abused its discretion in adjudging a foreign attorney to be in civil contempt under Code A (04/20/2007)

77. 062013 Martin v. Howard 04/20/2007 A trial court's order of exhumation rendered pursuant to Code A (04/20/2007)

78. 062085 Teleguz v. Commonwealth 04/20/2007 In an appeal from defendant's conviction for capital murder for hire, and imposition of the death sentence, after review of numerous assignments of error and (04/20/2007)

79. 052501 Winston v. Warden (Unpublished Order) 03/07/2007 Upon consideration of a petition for a writ of habeas corpus, respondent's motion to dismiss the petition is granted. Petitioner's various claim (03/07/2007)

80. 060363 Johnson v. Commonwealth 03/02/2007 In an appeal raising various issues concerning the Court of Appeals’ consideration and dismissal of a petition for a writ of actual innocence based on non-bio (03/02/2007)

81. 060400 Raytheon Technical Services Co. v. Hyland 03/02/2007 In a defamation case, the judgment must be reversed because three of the five allegedly actionable statements are expressions of opinion, no (03/02/2007)

82. 060554 Switzer v. Switzer 03/02/2007 The Court of Appeals abused its discretion in summarily dismissing divorce and custody appeals brought of right by an indigent pro se litigant based on its prior o (03/02/2007)

PRESENT: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Carrico, S.J. THOMAS L. SWITZER v. Record No. 060554 OPINION BY JUSTICE BARBARA MILANO KEENAN March 2, 2007 PAUL...

83. 060607 Commonwealth v. Epps 03/02/2007 Criminal contempt victimizes the court as an institution, as opposed to individual members thereof. Thus, in the appeal of the conviction of a city sheriff for c (03/02/2007)

84. 060638 Carpitcher v. Commonwealth 03/02/2007 The Court of Appeals’ dismissal of a petition for a writ of actual innocence based on non-biological evidence, in which a petitioner sought relief based on (03/02/2007)

85. 060689 Belton v. Crudup 03/02/2007 In rejecting a petition to establish a parent-child relationship with a decedent whose estate is pending, the circuit court did not err in applying the requirements (03/02/2007)

86. 060717 W. R. Hall v. Hampton Roads Sanitation District 03/02/2007 Contractual indemnification provisions are not void as against public policy insofar as they entitle an indemnitee to be reimbursed by (03/02/2007)

87. 060762 Hamlet v. Hayes 03/02/2007 In a suit for specific performance of a shareholders' agreement relating to purchase of shares in a closely held corporation, the trial court erred in sustaining the (03/02/2007)

88. 060913 Trustees v. Bd. of Zoning, City of Norfolk 03/02/2007 In a zoning dispute, the circuit court did not err in affirming a zoning administrator's conclusion, upheld by the board of zoning appeals, (03/02/2007)

89. 060927 C. Givens Brothers, L.L.C. v. Town of Blacksburg (Order) 03/02/2007 The circuit court did not err in finding that a limited liability company's petition for a writ of mandamus seeking to compel (03/02/2007)

90. 060934 Parikh v. Family Care Center, Inc. 03/02/2007 Judgment for the plaintiff medical care center, a non-professional corporation, in a suit to enforce a covenant not to compete given by a physician (03/02/2007)

91. 060935 Lambert v. Javed 03/02/2007 In a wrongful death and breach of warranty action arising from medical treatment of the decedent, the trial court correctly dismissed the plaintiff's case because of (03/02/2007)

92. 060951 Allstate Insurance Co. v. Gauthier 03/02/2007 In an insurance coverage dispute concerning the insurer's denial of a loss claim for the sinking of a boat, the trial court's findings that the los (03/02/2007)

93. 060959 Doherty v. Aleck 03/02/2007 In a malpractice case against a podiatrist, the evidence was clearly sufficient to make a jury issue of whether the surgery performed upon the plaintiff was a proxim (03/02/2007)

94. 060989 McDowell v. Commonwealth 03/02/2007 In prosecutions for grand larceny under Code A (03/02/2007)

95. 061277 Nusbaum v. Berlin 03/02/2007 On appeal from the imposition of a monetary sanction against an attorney for misconduct during a jury trial consisting of an award of attorneys’ fees and costs to t (03/02/2007)

96. 061302 Estes Express Lines v. Chopper Express, Inc. 03/02/2007 An indemnity provision in a vehicle lease agreement is not void as against public policy insofar as it would entitle a party to indemnifi (03/02/2007)

97. 051769 Ford Motor Co. v. Benitez 01/12/2007 The trial court did not abuse its discretion in imposing monetary sanctions against an attorney under Code A (01/12/2007)

98. 052137 Doe v. Terry 01/12/2007 In a personal injury action, the circumstantial evidence adduced was insufficient to establish by a preponderance of the evidence that an unknown driver threw an object (01/12/2007)

99. 052263 West v. Director, Dept. of Corrections 01/12/2007 A writ of habeas corpus is granted on a claim for denial of the Sixth Amendment right to effective assistance of counsel based on the failure o (01/12/2007)

PRESENT: Hassell, C.J., Lacy, Keenan, Kinser*, Lemons, Koontz, and Agee, JJ. JAMES DARRELL WEST v. Record No. 052263 OPINION BY JUSTICE BARBARA MILANO KEENAN January 12, 2007 DIRECTOR OF THE DEPARTME...

100. 052378 Almy v. Grisham 01/12/2007 (Revised 01/26/2007) The trial court erred in dismissing a claim for intentional infliction of emotional distress upon demurrer by several defendants, where the plain (01/12/2007)