2008)

2. 071654 Commonwealth v. Garrett 10/31/2008 In a proceeding under the Sexually Violent Predators Act the circuit court erred in ruling that respondent had acquired a vested right under the version of Co (10/31/2008)

3. 072041 Norfolk and Portsmouth Railroad v. Wilson 10/31/2008 In the trial of a personal injury suit brought under the Federal Employers’ Liability Act there was no error in challenged evidentiary rulin (10/31/2008)

4. 072042 Virginia Baptist Homes v. Botetourt County 10/31/2008 In a challenge to local property tax assessments, the trial court erred in finding a home for aged persons operated by a religious group no (10/31/2008)

5. 072174 Turman v. Commonwealth 10/31/2008 In a prosecution leading to convictions for rape and sexual battery, the trial judge erred by instructing the jury that it could consider defendant's purported (10/31/2008)

6. 072175 Britt v. Commonwealth 10/31/2008 In a prosecution for grand larceny, the evidence was insufficient to establish that the value of the goods taken was at least $200 where the owner of a burglari (10/31/2008)

PRESENT: All the Justices RICHARD L. BRITT v. Record No. 072175 OPINION BY JUSTICE BARBARA MILANO KEENAN October 31, 2008 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA In this appea...

7. 072193 Sasson v. Shenhar 10/31/2008 (Revised 11/07/2008) In appeals from circuit court judgments in an international child custody dispute and a contempt order arising from a petition for rule to show (10/31/2008)

8. 072449 Ortiz v. Commonwealth 10/31/2008 In an appeal from a conviction for rape of a female child under the age of thirteen in violation of Code A (10/31/2008)

9. 072539 Vincent v. Commonwealth 10/31/2008 In a prosecution for breaking and entering with the intent to commit larceny in violation of Code A (10/31/2008)

10. 080030 Hasan v. Commonwealth 10/31/2008 In a prosecution for carrying a concealed weapon, second or subsequent offense, and possession of a firearm by a convicted felon, the Court of Appeals erred in (10/31/2008)

11. 080130 Brickhouse v. Commonwealth 10/31/2008 The Court of Appeals erred in affirming defendant's conviction for possession with the intent to distribute cocaine as a principal in the second degree, wh (10/31/2008)

12. 080166 White v. Commonwealth 10/31/2008 In a criminal case arising from a drug possession charge that was deferred by the trial court after a guilty plea, under Virginia’s first-offender statute, Code (10/31/2008)

13. 080178 Milazzo v. Commonwealth 10/31/2008 The evidence was sufficient to prove that the defendant was guilty of felony hit and run in violation of Code A (10/31/2008)

PRESENT: Hassell, C.J., Keenan, Koontz, Lemons, Goodwyn, and Millette, JJ., and Stephenson, S.J. PETER MARK MILAZZO OPINION BY v. Record No. 080178 SE...

14. 080222 Sadler v. Commonwealth 10/31/2008 In a prosecution under Code A (10/31/2008)

15. 080339 George v. Commonwealth 10/31/2008 In an embezzlement prosecution under Code A (10/31/2008)

16. 080437 Harris v. Commonwealth 10/31/2008 In a prosecution for feloniously operating a motor vehicle while intoxicated in violation of Code A (10/31/2008)

17. 080727 Potomac Edison Co. v. State Corporation Commission 10/31/2008 In considering a power company's application under Code A (10/31/2008)

18. 071395 Board of Zoning Appeals v. Board of Supervisors of Fairfax County 09/12/2008 The circuit court did not err in dismissing a declaratory judgment action filed by a board of zoning appeals (BZA) a (09/12/2008)

19. 071411 West Creek Associates v. County of Goochland 09/12/2008 In an appeal involving applications for relief from the allegedly erroneous assessment of real property taxes on multiple parcels of real (09/12/2008)

20. 071421 Travelers Property Casualty Co. v. Ely 09/12/2008 In consolidated appeals from the Court of Appeals of Virginia, certain policies of workers' compensation and employers' liability insurance wer (09/12/2008)

21. 071653 Nextel WIP Lease Corp. v. Saunders 09/12/2008 In a declaratory judgment proceeding, the circuit court correctly held that the lease of a parcel of land atop a mountain permits the erection of o (09/12/2008)

22. 071674 Delta Star, Inc. v. Michael's Carpet World 09/12/2008 In a case governed by the Uniform Commercial Code – Sales, Code A (09/12/2008)

PRESENT: Hassell, C.J., Keenan, Koontz, Lemons, and Goodwyn, JJ., and Stephenson and Russell, S.JJ. DELTA STAR, INC. OPINION BY v. Record No. 071674 S...

23. 071895 Virginia Cellular LLC v. Virginia Dept. of Taxation 09/12/2008 In a case involving the Virginia Telecommunications Companies Minimum Tax, the trial court erred in finding that the tax imposed b (09/12/2008)

PRESENT: Hassell, C.J., Keenan, Koontz, Lemons, Agee, and Goodwyn, JJ., and Russell, S.J. VIRGINIA CELLULAR LLC v. Record No. 071895 OPINION BY JUSTICE S. BERNARD GOODWYN September 12, 2008 VIRGINI...

24. 071920 Palace Laundry, Inc. v. Chesterfield County 09/12/2008 Because cleaning and maintaining its rental property does not transform a rental business into a processing business, the circuit court di (09/12/2008)

PRESENT: Hassell, C.J., Keenan, Koontz, Lemons, Agee, 1 and Goodwyn, JJ., and Lacy, S.J. PALACE LAUNDRY, INC., D/B/A LINENS OF THE WEEK v. Record No. 071920 OPINION BY JUSTICE S. BERNARD GOODWYN Sept...

25. 071964 Lynchburg Division of Social Services v. Cook 09/12/2008 The Court of Appeals erred in affirming a circuit court judgment awarding custody of a child who was subject to a foster care plan to he (09/12/2008)

26. 071978 Perreault v. The Free Lance-Star 09/12/2008 In wrongful death litigations under Code A (09/12/2008)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, Agee, 1 and Goodwyn, JJ. SUE CAROL PERREAULT, ADMINISTRATRIX AND PERSONAL REPRESENTATIVE OF THE ESTATE OF ALBERT L. PERREAULT, ET AL. v. Record ...

27. 071995 SuperValu, Inc. v. Johnson 09/12/2008 In a suit based upon business decisions by a grocery wholesaler and its subsidiary alleged to have destroyed plaintiff's competing grocery businesses, the (09/12/2008)

28. 072097 Shaikh v. Johnson 09/12/2008 In an appeal from an order dismissing a petition for a writ of habeas corpus alleging a denial of the right to effective assistance of counsel in a murder trial, th (09/12/2008)

29. 072247 McMorris v. Commonwealth 09/12/2008 The Court of Appeals erred in affirming the defendant's conviction for robbery as a principal in the second degree. The evidence was insufficient to prove th (09/12/2008)

30. 072342 Logan v. Commonwealth 09/12/2008 The Court of Appeals erred in holding that the exclusionary rule never applies to evidence submitted in probation revocation proceedings, regardless of the sear (09/12/2008)

31. 070524 Commonwealth v. Jackson 06/06/2008 In a proceeding pursuant to the Civil Commitment of Sexually Violent Predators Act, Code A (06/06/2008)

32. 070580 Levisa Coal Co. v. Consolidation Coal Co. 06/06/2008 In a dispute between a mineral estate owner and a competing mining company, the trial court erred in concluding that the competitor had the (06/06/2008)

33. 070843 Dodge v. Randolph-Macon Woman's College 06/06/2008 In a case pled on the theory of breach of contract, the plaintiffs failed to plead the existence of a clear, definite, and explicit contract b (06/06/2008)

34. 070933 Miller-Jenkins v. Miller-Jenkins 06/06/2008 (Revised 06/10/2008) In a child custody dispute arising out of the dissolution of a same-sex civil union entered into under Vermont law, because the (06/06/2008)

35. 070988 Moorman v. Blackstock, Inc. 06/06/2008 In an action for specific performance of a purported oral contract for the sale of real property, the circuit court erred in finding that various notes, m (06/06/2008)

36. 071008 Webb v. Smith 06/06/2008 On the particular facts and circumstances of this medical malpractice action, where the defendant doctor failed to perform one of two scheduled procedures, leading plai (06/06/2008)

37. 071162 Commonwealth v. Dotson 06/06/2008 A motion for expungement of police and court records relating to a marijuana possession charge that was dismissed pursuant to the applicable first offender sta (06/06/2008)

38. 071164 Town of Leesburg v. Giordano 06/06/2008 (Revised 12/05/2008) In a challenge to the fairness and uniformity of rates charged by a municipality for water and sewer service, brought pursuant to Co (06/06/2008)

39. 071197 Whitaker v. Heinrich Schepers GMBH & Co. KG 06/06/2008 In a personal injury case that was removed to federal court and then remanded back to the Virginia circuit court, the trial court abused i (06/06/2008)

40. 071206 Jenkins v. Johnson 06/06/2008 In a proceeding to confirm partial ownership of real property by intestate succession and for partition, children of the decedent who were born out of wedlock were (06/06/2008)

41. 071220 Gray v. Virginia Secretary of Transportation 06/06/2008 (Revised 06/17/2008) In a constitutional challenge seeking declaratory and injunctive relief relating to the Dulles Toll Road and contrac (06/06/2008)

42. 071248 Dodge v. Randolph-Macon Woman's College 06/06/2008 The judgment of the circuit court sustaining a demurrer in an action brought by students and others to challenge the decision of a women's col (06/06/2008)

43. 071292 Schmidt v. Household Finance Corp. 06/06/2008 In a dispute arising out of a mortgage loan, the circuit court did not err in sustaining a demurrer to the plaintiff borrower's claim for rescissio (06/06/2008)

44. 071338 Lovelace v. Orange County Bd. of Zoning Appeals 06/06/2008 In an appeal from the decision of a board of zoning appeals, the circuit court erred by affirming that decision, which upheld a zoning (06/06/2008)

45. 071373 Palmer & Palmer Co. v. Waterfront Marine Construction, Inc. 06/06/2008 In an action for breach of contract the trial court erred in interpreting the parties' agreement to impose liability upon (06/06/2008)

46. 071409 Williams v. Le 06/06/2008 In a wrongful death action arising from alleged medical malpractice, the trial court erred in instructing the jury on superseding intervening causation. This doctrine (06/06/2008)

47. 071542 Duty v. Duty 06/06/2008 In a suit to determine the rightful owner of a disputed parcel of land, the trial court did not err in finding that the evidence was insufficient to establish the source (06/06/2008)

48. 071553 Nichols Construction Corp. v. Virginia Machine Tool Co. 06/06/2008 In a suit by the owner of an industrial building alleging that a roofing company breached a construction contract for installa (06/06/2008)

49. 071567 Hubbard v. Commonwealth 06/06/2008 In a prosecution for felonious escape from custody in violation of Code A (06/06/2008)

50. 071626 Booker v. Commonwealth 06/06/2008 In a criminal trial, the circuit court erred in responding to a question posed by the jury during deliberations in the sentencing phase by instructing the jury (06/06/2008)

51. 071744 Pryor v. Commonwealth 06/06/2008 In a cocaine distribution prosecution arising from transactions in two successive months, and in which the trial court granted a motion to strike as to one coun (06/06/2008)

52. 071787 Velasquez v. Commonwealth 06/06/2008 In an appeal from a rape conviction under Code A (06/06/2008)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Goodwyn, JJ., and Russell, S.J. JAVIER AMILCAR VELASQUEZ v. Record No. 071787 OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL June 6, 2008 C...

53. 071928 Porter v. Commonwealth 06/06/2008 (Revised 06/24/2008) In the appeal of a capital murder conviction and sentence of death imposed for the killing of a police officer, no reversible error is fou (06/06/2008)

54. 071986 Jones v. Commonwealth 06/06/2008 In a prosecution for maintaining or operating a fortified drug house in violation of Code A (06/06/2008)

55. 072023 Gibson v. Commonwealth 06/06/2008 In considering multiple convictions for willful failure to collect or truthfully account for and pay over withholding taxes under Code A (06/06/2008)

56. 070277 Prince Seating Corp. v. Rabideau (ORDER) 04/18/2008 An appellant must present a sufficient record for an appellate court to determine whether a lower court has erred, including the basis of the (04/18/2008)

57. 070371 Logan v. City Council of the City of Roanoke 04/18/2008 In an appeal from a declaratory judgment action involving the application and enforcement of a municipal subdivision ordinance under Code (04/18/2008)

58. 070410 Bostic v. About Women OB/GYN, P.C. 04/18/2008 During a jury trial in a medical malpractice case, the circuit court erred in permitting the reading and exhibition to the jury of excerpts from me (04/18/2008)

59. 070498 Jennings v. Kay Jennings Ltd. Partnership 04/18/2008 In a derivative suit brought by a limited partner of a family limited partnership, the trial court correctly ruled that the plaintiff lacked (04/18/2008)

60. 070522 McNally v. Rey 04/18/2008 Under Code A (04/18/2008)

61. 070528 Snell v. Commonwealth (ORDER) 04/18/2008 In a case involving the issue of whether a police officer had probable cause to seize folded currency found in a defendant's wallet and subject it to fu (04/18/2008)

62. 070614 Wright v. Minnicks 04/18/2008 In a wrongful death case, the circuit court erred in setting aside the original verdict for the plaintiff and ordering a new trial, where there was sufficient evid (04/18/2008)

63. 070720 Commonwealth v. Barker 04/18/2008 (Revised 04/24/2008) In a case concerning death and health insurance benefits provided to the surviving spouse of a law enforcement officer under the Line of D (04/18/2008)

64. 070954 Buhrman v. Commonwealth 04/18/2008 The trial court erred in denying a motion to suppress physical evidence obtained in a search incident to arrest because the observation of hand-rolled cigaret (04/18/2008)

65. 071189 McCain v. Commonwealth 04/18/2008 During the course of a traffic stop conducted in the early morning hours in a "high-crime, high-drug" area, where no circumstances developed to create a reason (04/18/2008)

66. 071419 Commonwealth v. Robertson 04/18/2008 In considering the defendant's motion to suppress items obtained in a warrantless entry of his residence by police officers after his arrest outdoors, the C (04/18/2008)

67. 071432 Jay v. Commonwealth 04/18/2008 Because the provisions of Rule 5A:20(e) do not impose jurisdictional requirements, the Court of Appeals erred in the appeals collected here by applying that rule (04/18/2008)

68. 071436 Young v. Commonwealth 04/18/2008 In a prosecution for possession of a Schedule I or Schedule II controlled substance, the record was devoid of evidence sufficient to support a finding, beyond a (04/18/2008)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. ANGELA L. YOUNG OPINION BY SENIOR JUSTICE CHARLES S...

69. 062674 Adams v. Commonwealth 02/29/2008 In a murder case in which defendant challenged the search of his residence by police under a search warrant, considering the totality of the circumstances surro (02/29/2008)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Russell, S.J. GERMAINE DELANO ADAMS v. OPINION BY JUSTICE CYNTHIA D. KINSER February 29, 2008 COMMONWEALTH OF VIRGINIA FROM T...

70. 070214 UVA Health Services v. Morris 02/29/2008 In collected appeals, it is concluded that a health services foundation associated with a public university's medical center is not itself a hospital wh (02/29/2008)

Present: All the Justices UNIVERSITY OF VIRGINIA HEALTH SERVICES FOUNDATION, ET AL. v. OPINION BY JUSTICE DONALD W. LEMONS February 29, 2008 HUNTER MORRIS, AN INFANT, BY HIS NEXT FRIENDS, ELIZABETH ...

71. 070229 Goyonaga v. Board of Zoning Appeals of Falls Church 02/29/2008 In a dispute concerning whether the initial decision of a board of zoning appeals to grant a variance allowing a nonconforming str (02/29/2008)

72. 070304 Brown v. Hoffman 02/29/2008 In a medical malpractice case involving a patient's death from internal bleeding after kidney surgery, it was error for the trial court to strike plaintiff's evidenc (02/29/2008)

73. 070318 Board of Zoning Appeals v. Board of Supervisors of Fairfax County 02/29/2008 The trial court erred in a writ of certiorari proceeding pursuant to Code A (02/29/2008)

74. 070322 Kitchen v. City of Newport News 02/29/2008 The circuit court erred in sustaining a city's demurrer to a claim for inverse condemnation filed by some 700 plaintiffs based on property damage from (02/29/2008)

PRESENT: All the Justices ROBERT KITCHEN, ET AL. OPINION BY v. Record No. 070322 ...

75. 070344 Hicks v. Mellis 02/29/2008 Because an order reinstating a medical malpractice action to the circuit court's docket under Code A (02/29/2008)

76. 070401 Hampton Roads Seventh-Day Adventist Church v. Stevens 02/29/2008 In a challenge to the probate of a typed and attested will where there was no evidence of fraud, the will was subscribed in a ma (02/29/2008)

77. 070496 Cost v. Commonwealth 02/29/2008 (Revised 03/04/2008) In a case charging drug possession for distribution, the Court of Appeals erred in affirming defendant's convictions after the trial court d (02/29/2008)

78. 070762 Magruder v. Commonwealth 02/29/2008 In collected appeals in which multiple defendants each claimed that admission into evidence, pursuant to Code A (02/29/2008)

79. 070831 Maxwell v. Commonwealth 02/29/2008 In a prosecution for possession of cocaine with intent to distribute, and possession of marijuana, viewing the evidence most favorably to the Commonwealth, no (02/29/2008)

80. 070980 Garnett v. Commonwealth 02/29/2008 (Revised 03/03/2008) In a case involving conviction upon four charged felonies related to the abduction and rape of the victim, the circuit court did not err (02/29/2008)

81. 071065 Daniels v. Commonwealth 02/29/2008 In a prosecution for burglary, abduction and robbery of several victims in separate episodes, in which the jury was instructed on the burden of proof, inconsi (02/29/2008)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Agee, and Goodwyn, JJ., and Lacy, S.J. ROBERT KAREEM BASHIR DANIELS v. Record No. 071065 OPINION BY ...

82. 071364 Gilman v. Commonwealth 02/29/2008 Because the provisions of Code A (02/29/2008)

83. 071959 Marshall v. Northern Virginia Transp. Authority 02/29/2008 In an appeal from a bond validation proceeding instituted by a regional transportation authority in circuit court, it is concluded tha (02/29/2008)

84. 062250 Mission Residential v. Triple Net Properties 01/11/2008 In an appeal from an order denying a motion to stay arbitration proceedings pursuant to Code A (01/11/2008)

85. 062368 Purce v. Patterson 01/11/2008 The trial court did not err in ruling that an estranged husband was not eligible for an elective share of the spouse's augmented estate under Code A (01/11/2008)

86. 062449 Coston v. Bio-Medical Applications 01/11/2008 In a medical negligence case alleging that defendant's employees placed the plaintiff in a defective chair for a kidney dialysis procedure, even th (01/11/2008)

87. 062527 Wright v. Commonwealth 01/11/2008 The Court of Appeals did not err in finding that a circuit court, after accepting a plea agreement of the type specified in Rule 3A:8(c)(1)(C), can nevertheles (01/11/2008)

88. 062570 Malbrough v. Commonwealth 01/11/2008 In a prosecution for drug and weapons violations in which defendant claimed that a consent search of his person conducted at a roadside stop after being tol (01/11/2008)

89. 062603 George Mason University v. Floyd 01/11/2008 In an appeal from a state university's decision denying a student in-state tuition status under Code A (01/11/2008)

90. 062620 Ford Motor Co. v. Favinger 01/11/2008 In considering a claim for temporary partial disability benefits under the Virginia Workers’ Compensation Act, Code A (01/11/2008)

Present: All the Justices FORD MOTOR COMPANY v. Record No. 062620 OPINION BY JUSTICE CYNTHIA D. KINSER January 11, 2008 WILLIAM K. FAVINGER FROM THE COURT OF APPEALS OF VIRGINIA In this workers' c...

91. 062715 Bayview Loan Servicing v. Simmons 01/11/2008 In a breach of contract action arising out of foreclosure proceedings, the circuit court did not err in holding that no right to foreclose had veste (01/11/2008)

92. 062719 Upper Occoquan Sewage Authority v. Blake Construction Co. 01/11/2008 (Revised 02/08/2008) In considering contract claims arising under the Virginia Public Procurement Act, the circuit court had (01/11/2008)

93. 070091 Hilton v. Martin 01/11/2008 In an action to recover damages for personal injury and death resulting from an assault on the victim by a fellow employee, the trial court erred in concluding that (01/11/2008)

94. 070143 Dogwood Valley Citizens Ass'n v. Shifflett 01/11/2008 In a proceeding which followed from a homeowners' association's levy of special assessments and subsequent warrants in debt against lot own (01/11/2008)

95. 070146 Ahari v. Morrison 01/11/2008 (Revised 02/08/2008) In a wrongful death action, the circuit court did not err in granting the defense plea of the statute of limitations. Because Rule 1:8 requires (01/11/2008)

96. 070190 Lloyd v. Kime 01/11/2008 In a medical malpractice case, the trial court did not err in using deposition evidence to resolve a motion in limine and subsequent motion for summary judgment where n (01/11/2008)

97. 070228 Ott v. L&J Holdings 01/11/2008 In a declaratory suit addressing whether a wife's execution of a deed should be set aside as exceeding her authority under a power of attorney, the circuit court (01/11/2008)

98. 070399 Phelps v. Commonwealth 01/11/2008 In a prosecution for felony eluding and endangerment in violation of Code A (01/11/2008)

99. 070531 Johnson v. Tice 01/11/2008 In considering a habeas corpus petition, the circuit court erred in holding that petitioner satisfied his evidentiary burden in an ineffective assistance of counsel c (01/11/2008)

100. 070640 Bishop v. Commonwealth 01/11/2008 In a prosecution for violation of Code A (01/11/2008)