2009)

2. 081715 Baker v. Commonwealth 11/05/2009 In a trespass prosecution, proof of the existence of two “no trespassing (11/05/2009)

3. 081837 Hash v. Director 11/05/2009 In a habeas corpus proceeding, considering the totality of the evidence, petitioner failed to show that, but for his counsels' alleged error in failing to investigat (11/05/2009)

Present: All the Justices MICHAEL WAYNE HASH v. Record No. 081837 OPINION BY JUSTICE LEROY F. MILLETTE, JR. November 5, 2009 DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM THE CIRCUIT COURT OF CULP...

4. 081920 Waller v. Commonwealth 11/05/2009 (Revised 11/06/2009) In a prosecution for possession of firearms after having been convicted of a felony in which six prior conviction orders not bearing a jud (11/05/2009)

5. 082023 Harbour v. SunTrust Bank 11/05/2009 In ruling upon an action by a bank serving as trustee under a decedent's trust, seeking aid and guidance in the interpretation of the trust agreement and in (11/05/2009)

6. 082122 Turner v. Commonwealth 11/05/2009 Admission at a probation revocation proceeding of hearsay evidence concerning polygraph test results was error by the trial court. Polygraph test results fall (11/05/2009)

7. 082143 Dowdy v. Commonwealth 11/05/2009 In a prosecution for rape and first-degree murder, the Court of Appeals erred in finding that the defendant failed to preserve certain issues for appellate revi (11/05/2009)

8. 082228 Smallwood v. Commonwealth 11/05/2009 In a prosecution for possession of a firearm after having been convicted of a felony in violation of Code A (11/05/2009)

9. 082270 Singleton v. Commonwealth 11/05/2009 In two separate convictions of attorneys for criminal contempt of court, the evidence was insufficient to establish that either attorney intended to obstruc (11/05/2009)

10. 082440 Commonwealth v. Squire 11/05/2009 In a petition by the Commonwealth under the Civil Commitment of Sexually Violent Predators Act, Code A (11/05/2009)

11. 082477 Williams, Dekota v. Commonwealth 11/05/2009 In a robbery prosecution, there was sufficient evidence to convict the defendant where the evidence showed that the crime began as a larceny and subs (11/05/2009)

12. 082547 Grattan v. Commonwealth 11/05/2009 In a prosecution on 16 indictments for murder, aggravated malicious wounding, multiple counts of attempted capital murder of a law enforcement officer, and re (11/05/2009)

13. 082566 Carroll v. Johnson 11/05/2009 Code A (11/05/2009)

14. 090013 Brown, Douglas v. Commonwealth 11/05/2009 In a prosecution for involuntary manslaughter, the evidence was sufficient to establish that the defendant was a proximate cause of the death of a driv (11/05/2009)

15. 090249 Piedmont Environmental Council v. VEPCO 11/05/2009 In consolidated appeals of right from an order of the State Corporation Commission granting, subject to certain conditions, the applications o (11/05/2009)

16. 090308 Wright v. Commonwealth 11/05/2009 In a prosecution under Code A (11/05/2009)

17. 090337 Montague v. Commonwealth 11/05/2009 In a drug and firearms prosecution, the evidence was sufficient to support the decision of the circuit court denying a motion to suppress narcotics and a han (11/05/2009)

PRESENT: Keenan, Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Lacy, S.J. CHAUNCEY LAMONT MONTAGUE v. Record No. 090337 OPINION BY JUST...

18. 090483 Williams, Michael v. Warden 11/05/2009 In a habeas corpus petition asserting entitlement to relief based on defense counsel's failure to properly appeal the petitioner's case from the Court of (11/05/2009)

19. 090845 Judicial Inquiry & Review Comm'n v. Taylor 11/05/2009 In a complaint filed by the Judicial Inquiry and Review Commission against a juvenile and domestic relations district court judge pursuant (11/05/2009)

PRESENT: Koontz, Kinser, Lemons, Goodwyn and Millette, JJ., and Carrico and Russell, S.JJ. JUDICIAL INQUIRY AND REVIEW COMMISSION OF VIRGINIA ...

20. 081294 VEPCO v. Norfolk Southern Ry. Co. 09/18/2009 (Revised 09/22/2009) In a contract dispute between a railroad and two utility companies over periodic cost adjustments to rates charged by the railr (09/18/2009)

21. 081672 Rawls v. Commonwealth 09/18/2009 A criminal defendant who is sentenced in excess of a prescribed statutory range of punishment is entitled to a new sentencing hearing. This rule eliminates the (09/18/2009)

22. 081691 Commonwealth v. Doe 09/18/2009 A court order entered under Code A (09/18/2009)

23. 081720 Commonwealth v. Anderson 09/18/2009 (Revised 09/22/2009) In a prosecution that included charges of robbery and use of a firearm in the commission of robbery, the Court of Appeals did not err in (09/18/2009)

Present: Hassell, C.J., Keenan, Koontz, Lemons, Kinser, and Goodwyn, JJ., and Carrico, S.J. COMMONWEALTH OF VIRGINIA v. Record No. 081720 OPINION BY SENIOR JUSTICE HARRY L. CARRICO September 18, 2009...

24. 081741 Dunn Construction Co. v. Cloney 09/18/2009 In an action for breach of contract between a building contractor and a property owner involving the partial construction of a new house, the builder' (09/18/2009)

Present: All the Justices DUNN CONSTRUCTION COMPANY, INC., ET AL. v. Record No. 081741 OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. September 18, 2009 RICHARD M. CLONEY FROM THE CIRCUIT COURT OF MECK...

25. 081800 Howell v. Sobhan 09/18/2009 In a medical malpractice action, the trial court erred in sustaining the defendants' motion to strike the evidence on the grounds of failure to present sufficient ev (09/18/2009)

26. 082079 Burdette v. Brush Mountain Estates 09/18/2009 Code A (09/18/2009)

PRESENT: All the Justices KELLY BURDETTE OPINION BY v. RECORD NO. 082079 JUSTICE CYNTHIA D. KINSER SEPTEMBER 18, 2009 BRUSH MOUNTAIN ESTATES, LLC...

27. 082280 Keener v. Keener 09/18/2009 The same principles that are applied to a forfeiture or "no-contest" clause in a will apply with equal force to such provisions appearing in a trust that constitutes (09/18/2009)

28. 082292 Graham v. Cook 09/18/2009 (Revised 09/29/2006) In a medical malpractice action, no reversible error is found in the rulings of the circuit court at trial permitting the defendants to present ce (09/18/2009)

29. 082345 City of Suffolk v. Lummis Gin Co. 09/18/2009 A proceeding brought by a city under Code A (09/18/2009)

30. 082387 de Benveniste v. Aaron Christensen Family, LP 09/18/2009 In a suit for allotment, partition, or sale of property jointly held by four siblings and their families, the trial court did not abuse (09/18/2009)

31. 082416 Anderson v. Delore 09/18/2009 In a dispute alleging that, by placing a dock, rip rap, and beach area within the "extended lot lines" of an adjacent lot, a neighbor encroached upon an express ea (09/18/2009)

32. 082458 Whitehead, Travis Stacey v. Commonwealth 09/18/2009 A positive alert on a vehicle by a trained narcotics detection dog, combined with the subsequent fruitless searches of the vehicle, the drive (09/18/2009)

33. 090186 Morva v. Commonwealth 09/18/2009 In a prosecution for three counts of capital murder, assault upon a law enforcement officer, escape, and two counts of use of a firearm in the commission of mur (09/18/2009)

34. 080282 In Re: Commonwealth of Virginia 06/04/2009 Mandamus cannot be used to collaterally attack or vacate a final judgment entered upon the conclusion of a criminal proceeding, and prohibition cannot (06/04/2009)

35. 080599 Bell v. Saunders 06/04/2009 The trial court erred in sustaining a demurrer as to one plaintiff in a declaratory judgment proceeding for interpretation of the wills of two decedents, since that (06/04/2009)

36. 080751 Williams v. Joynes 06/04/2009 In a legal malpractice action alleging failure timely to file a Virginia personal injury action, the circuit court erred in granting summary judgment for the defen (06/04/2009)

37. 080775 Whitehead v. Commonwealth 06/04/2009 (Revised 10/22/2009) The Court of Appeals erred in affirming the multiple convictions for receiving stolen property and the revocation of the defendant's pr (06/04/2009)

38. 080782 Fultz v. Delhaize America, Inc. 06/04/2009 In a personal injury suit by a grocery store customer who was injured when she tripped over a metal bar attached to the floor and extending along the (06/04/2009)

39. 081174 Virginia Department of Health v. NRV Real Estate 06/04/2009 The Court of Appeals erred in a dispute between the Virginia Department of Health and a nursing home operator concerning an applicati (06/04/2009)

40. 081175 Frederick County Business Park v. Virginia Dept. of Environmental Quality 06/04/2009 In an appeal from a Court of Appeals’ judgment sustaining the decision of the Virginia Department of Environ (06/04/2009)

41. 081417 Brown v. Commonwealth 06/04/2009 In considering two cases involving requests to expunge police and court records relating to criminal charges pursuant to Code A (06/04/2009)

42. 081477 Winborne v. Virginia State Lottery 06/04/2009 In suit for declaratory relief brought by wheelchair-using petitioners, the Virginia Lottery offers a program, service, or activity within the mean (06/04/2009)

43. 081577 Williams v. Commonwealth 06/04/2009 There is no error in the Court of Appeals’ determination that the evidence at trial was sufficient to support the defendant's conviction of possession of met (06/04/2009)

44. 081645 Commonwealth v. Ferguson 06/04/2009 Statements during a custodial interrogation should have been suppressed in the defendant's later criminal trial because he made a clear, unambiguous and uneq (06/04/2009)

45. 081738 Zektaw v. Commonwealth 06/04/2009 Statements made by the defendant in a criminal case during a custodial interrogation should have been suppressed where he made a clear, unambiguous and unequiv (06/04/2009)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Goodwyn, JJ., and Lacy, S.J. SARE ZEKTAW v. Record No. 081738 OPINION BY JUSTICE DONALD ...

46. 081743 Board of Supervisors of Stafford County v. Crucible, Inc. 06/04/2009 In a landowner's suit for declaratory and injunctive relief on the theory that it had a vested right to "by right" developme (06/04/2009)

47. 081827 Mongold v. Woods 06/04/2009 In a case seeking compensation for extra work performed after a promise of future rewards, a party may state in a pleading as many claims as he has, and the fact tha (06/04/2009)

48. 081863 McLane v. Vereen 06/04/2009 In a case involving fines imposed for a violation of a zoning ordinance that prohibited the maintenance of a "junk yard" on private property, when the landowners did (06/04/2009)

49. 081900 Virginia Farm Bureau Mutual Ins. v. Williams 06/04/2009 In considering whether an exclusion in an automobile insurance policy prohibited an insured party from “stacking, (06/04/2009)

50. 082530 Green v. Virginia State Bar 06/04/2009 (Revised 06/05/2009) No error is found in reviewing an order of the Virginia State Bar Disciplinary Board suspending an attorney's license to practice law (06/04/2009)

51. 080550 SunTrust Bank v. Farrar 04/17/2009 In a suit for breach of fiduciary duty arising from the management of a coal mining property under a trust, the circuit court erred in awarding damages to the (04/17/2009)

Present: Hassell, C.J., Keenan, Koontz, Lemons, and Millette, JJ., and Carrico, and Lacy, S.JJ. SUNTRUST BANK, INDIVIDUALLY AND AS TRUSTEE OF THE TRUST UNDER THE LAST WILL AND TESTAMENT OF CHARLES ...

52. 080920 Riley v. Commonwealth 04/17/2009 In a prosecution for driving while intoxicated in violation of Code A (04/17/2009)

53. 080939 Smith v. Kim 04/17/2009 In a wrongful death acting involving medical treatment, the trial court did not err in refusing an instruction proffered by the plaintiff that would have told the jury t (04/17/2009)

54. 080976 Virginia Tech. and State University v. Quesenberry 04/17/2009 In review of a state employee's termination grievance determination in accordance with Code A (04/17/2009)

55. 080998 Tanner v. City of Virginia Beach 04/17/2009 In a declaratory judgment proceeding the circuit court erred in rejecting a constitutional challenge to a municipal ordinance prohibiting any noise t (04/17/2009)

56. 081080 Florio v. Clark 04/17/2009 In an appeal by a parent from an order awarding custody of his child to non-parents (an aunt and uncle), the totality of the record is sufficient to support, by clear (04/17/2009)

57. 081131 Smit v. Shippers' Choice 04/17/2009 The Court of Appeals erred in determining that a person who does not receive compensation for conducting a class in a commercial driver training school is no (04/17/2009)

58. 081173 Rowe v. Commonwealth 04/17/2009 The Court of Appeals did not err in affirming a defendant's conviction for assault and battery of a law enforcement officer under Code A (04/17/2009)

59. 081251 Matthews v. Matthews 04/17/2009 In resolving appeals in a probate dispute, the circuit court did not err in failing to dismiss a probate appeal when the party appealing the probate order of the (04/17/2009)

60. 081258 Payne v. Commonwealth 04/17/2009 A defendant’s convictions and punishments arising out of her killing a person while driving in an intoxicated condition and following her commission of a felony (04/17/2009)

61. 081310 James v. Peyton 04/17/2009 In a personal injury action, the circuit court erred in concluding that a plaintiff's amended pleading – as actually worded in the caption and body of the averments – (04/17/2009)

62. 081331 Seals v. Erie Insurance 04/17/2009 In a declaratory judgment proceeding, the circuit court erred in determining that a customer injured while test driving a motor vehicle was not entitled to un (04/17/2009)

63. 081344 City of Lynchburg v. English Construction Co. 04/17/2009 In a dispute involving the power of a locality to impose business license taxes on the gross receipts of a contractor, whose principal p (04/17/2009)

64. 081392 Robert M. Seh Company v. O'Donnell 04/17/2009 In the trial of a suit on contract, fraud and consumer protection causes of action, the trial court abused its discretion during the course of the (04/17/2009)

65. 081403 Martin Bros. Contr. v. Virginia Military Institute 04/17/2009 In litigation seeking damages for delay under the terms of a public construction contract, provisions in the agreement purporting t (04/17/2009)

66. 081433 Appalachian Voices v. State Corporation Commission 04/17/2009 In its decision on an electric utility's application for a rate adjustment with regard to a carbon capture compatible, clean-coal p (04/17/2009)

67. 081536 Elliott v. Commonwealth 04/17/2009 In prosecutions pursuant to the provisions of Code A (04/17/2009)

68. 081935 Barrett v. Virginia State Bar (ORDER) 04/17/2009 In Virginia State Bar disciplinary proceedings, there was no error in an order revoking the license to practice law of an attorney who, while un (04/17/2009)

69. 080217 Seguin v. Northrup Grumman Systems Corp. 02/27/2009 In a defamation action against the plaintiff's employer relating to a work performance evaluation, the circuit court’s order compelling arbit (02/27/2009)

70. 080313 Remora Investments v. Orr 02/27/2009 In considering a suit brought by a member of a limited liability company as a direct action against the manager for alleged breach of a fiduciary duty, noth (02/27/2009)

71. 080445 Thompson v. Commonwealth 02/27/2009 In a prosecution under Code A (02/27/2009)

PRESENT: All the Justices WAYNE THOMPSON v. Record No. 080445 OPINION BY JUSTICE CYNTHIA D. KINSER February 27, 2009 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA The appellant, W...

72. 080515 Luria v. Board of Dir. of Westbriar 02/27/2009 In a multi-count suit by a condominium unit owners' association against developers of the complex, which included allegations of breach of fiducia (02/27/2009)

73. 080651 Smith Mountain Bldg. Supply v. Windstar Properties 02/27/2009 In mechanic's lien proceedings, inclusion of charges in the memoranda of lien for materials supplied outside the 150-day limitation (02/27/2009)

74. 080698 Burwell's Bay Improvement Ass'n v. Scott 02/27/2009 In a suit involving riparian rights to construct piers extending from adjoining parcels of land into the waters of the James River, a 1925 or (02/27/2009)

Present: All the Justices BURWELL'S BAY IMPROVEMENT ASSOCIATION v. Record No. 080698 OPINION BY JUSTICE DONALD W. LEMONS February 27, 2009 R. FORREST SCOTT, ET AL. FROM THE CIRCUIT COURT OF ISLE O...

75. 080794 Rudolph v. Commonwealth (ORDER) 02/27/2009 In a drug prosecution, the trial court should have granted the defense motion to suppress marijuana evidence discovered as a result of an illegal stop (02/27/2009)

76. 080852 Murphy v. Commonwealth 02/27/2009 Code A (02/27/2009)

77. 080906 Giles v. Commonwealth 02/27/2009 In a burglary prosecution under Code A (02/27/2009)

78. 080919 Cooper v. Commonwealth 02/27/2009 In an appeal from a conviction for possession of cocaine with intent to distribute in violation of Code A (02/27/2009)

79. 080946 Comcast v. Board of Supervisors 02/27/2009 In a dispute between a county and a cable television distribution company concerning classification of certain personal property used in the cable tel (02/27/2009)

80. 080987 State of Maine v. Adams 02/27/2009 In an action to quiet title to a "broadside" copy of the Declaration of Independence printed in July 1776, the circuit court did not err in holding that a Vir (02/27/2009)

81. 081000 Hale v. Board of Zoning Appeals of Blacksburg 02/27/2009 (Revised 02/27/2009) In considering whether developers obtained a vested right to a commercial use of their property under Code A (02/27/2009)

82. 081038 Johnston Memorial Hospital v. Bazemore 02/27/2009 In this wrongful death action, the sole issue is whether a plaintiff claiming to be the administratrix of a decedent’s estate, but who filed th (02/27/2009)

83. 081064 Kitt v. Crosby 02/27/2009 In an ejectment action in which the defendant sought to preclude jury consideration of the issue of ownership under the rule of preference adopted in prior case law, t (02/27/2009)

84. 081065 Mwangi v. Commonwealth 02/27/2009 In a prosecution on charges of driving under the influence in violation of Code A (02/27/2009)

85. 081100 Parfitt v. Parfitt 02/27/2009 The trial court erred in dismissing a complaint filed by the administrator of an estate against the decedent’s son, based on an erroneous finding that a confidenti (02/27/2009)

86. 081122 Lotz v. Commonwealth 02/27/2009 In a periodic review proceeding held pursuant to Code A (02/27/2009)

87. 081151 Greene v. Commonwealth 02/27/2009 Under the rule of strict construction of penal statutes, because non-compliance with a subpoena issued by the Virginia Department of Charitable Gaming is not i (02/27/2009)

88. 081240 Helton v. Phillip A. Glick Plumbing 02/27/2009 In a suit to collect amounts due to a plumbing company under invoices for work performed for a homeowner, the circuit court erred in failing to fi (02/27/2009)

89. 072306 Helms v. Manspile 01/16/2009 In a real property action, the trial court did not err in ruling that any easement the plaintiffs' may have had over land owned by the defendants was abandoned, but (01/16/2009)

Present: All the Justices THOMAS M. HELMS, ET AL. v. Record No. 072306 OPINION BY CHIEF JUSTICE LEROY ROUNTREE HASSELL, SR. JAMES L. MANSPILE, ET AL...

90. 072354 Beeren & Barry Inv. v. AHC, Inc. 01/16/2009 In a declaratory judgment action in the circuit court in which the parties sought to quiet title to certain property, the trial court erred in granti (01/16/2009)

91. 072365 Landmark HHH, LLC v. Park 01/16/2009 In a commercial lease dispute, the circuit court correctly determined that the landlord was liable in contract damages for losses sustained by the tenant wh (01/16/2009)

92. 072412 Commonwealth v. Wynn 01/16/2009 In proceedings under the Civil Commitment of Sexually Violent Predators Act, the circuit court did not err by refusing to admit hearsay testimony concerning unad (01/16/2009)

93. 072418 DurretteBradshaw, P.C. v. MRC Consulting, L.C. 01/16/2009 The trial court erred in refusing to sustain a demurrer to a complaint purporting to state a cause of action against a law firm for tor (01/16/2009)

94. 072501 Sunrise Continuing Care v. Wright 01/16/2009 (Revised 01/23/2009) In a suit arising from alleged breach of a continuing care services contract in which claims for rescission and fraud were dism (01/16/2009)

95. 072504 Portillo v. Nationwide Mutual Fire Ins. Co. 01/16/2009 In a declaratory judgment action, the trial court did not err in concluding that an applicant for a motor vehicle insurance policy had mad (01/16/2009)

96. 072571 Martin v. Duncan 01/16/2009 In a personal injury case, the trial court erred by imposing $540 in jury costs upon a plaintiff who took a first nonsuit, as a matter of right, during the trial. Be (01/16/2009)

97. 080008 Centra Health, Inc. v. Mullins 01/16/2009 In a medical malpractice action, the circuit court did not err in refusing to require the administrators of a decedent’s estate to elect between altern (01/16/2009)

Present: All the Justices CENTRA HEALTH, INC., T/A LYNCHBURG GENERAL HOSPITAL OPINION BY v. Record No. 080008 JUSTICE LAWRENCE L. KOONTZ, JR. Januar...

98. 080126 Northampton Bd. of Zoning v. Eastern Shore Dev. Corp. 01/16/2009 In a certiorari proceeding challenging a ruling of a county board of zoning appeals, the trial court erred in reversing the boar (01/16/2009)

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Millette, JJ., and Russell, S.J. NORTHAMPTON COUNTY BOARD OF ZONING APPEALS, ET AL. OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL January ...

99. 080157 Hyland v. Raytheon Technical Servs. 01/16/2009 In a defamation action on remand from a prior appeal, the circuit court erred in granting summary judgment in favor of the defendants after consid (01/16/2009)

100. 080215 Viking Enterprise, Inc. v. County of Chesterfield 01/16/2009 A construction company building a fire station for a county under a contract putatively covered by the Virginia Public Procurement A (01/16/2009)