2010)

2. 091455 Town of Leesburg v. Giordano 11/04/2010 In an action against a town challenging an ordinance that imposed a 100% surcharge on the water and sewer rates affecting properties owned by the complai (11/04/2010)

3. 091492 Conger v. Barrett 11/04/2010 Where a pending wrongful death action was dismissed for inactivity pursuant to Code A (11/04/2010)

4. 091621 TB Venture v. Arlington County 11/04/2010 In a taxpayer's petition to correct erroneous tax assessments, the taxpayer failed to carry its burden to present evidence establishing the fair market (11/04/2010)

5. 091840 Heinrich Schepers GmbH & Co. v. Whittaker 11/04/2010 In the second appeal from an action by a longshoreman injured while working on a boat docked in Virginia, the plaintiff, who had made a limi (11/04/2010)

6. 091883 FFW Enterprises v. Fairfax County 11/04/2010 In proceedings involving a challenge to Code A (11/04/2010)

7. 092064 Bly v. Commonwealth 11/04/2010 In a prosecution for possession with intent to distribute methamphetamine, as well as an imitation controlled substance, based upon controlled "buys" by a paid co (11/04/2010)

8. 092313 Sidney v. Commonwealth 11/04/2010 In a prosecution for possession of cocaine and possession of marijuana, the Court of Appeals did not err in denying a petition for appeal from a judgment enter (11/04/2010)

9. 092402 Hood v. Commonwealth 11/04/2010 In a proceeding under the Civil Commitment of Sexually Violent Predators Act, the circuit court's ruling that the respondent prisoner would not be permitted to p (11/04/2010)

Present: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Russell, S.J. LARRY HOOD v. Record No. 092402 OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. November 4, 2010 COMMONWEALTH ...

10. 092461 Ali v. Commonwealth 11/04/2010 In a prosecution for robbery and grand larceny from the person, the evidence was sufficient to support the defendant's conviction for robbery. However, the record (11/04/2010)

Present: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Russell, S.J. WASEEM ALI v. Record No. 092461 OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL November 4, 2010 COMMONWEALT...

11. 092592 Cordon v. Commonwealth 11/04/2010 In a prosecution for possession of cocaine the evidence was insufficient to establish constructive possession of the contraband by the defendant. The judgment (11/04/2010)

12. 100143 Carosi v. Commonwealth 11/04/2010 In a prosecution for, among other charges, child endangerment, three convictions for violation of Code A (11/04/2010)

13. 100160 Hall v. Commonwealth 11/04/2010 In a prosecution for felonious escape by force or violence in violation of Code A (11/04/2010)

14. 070815 Cypress v. Commonwealth 09/16/2010 In criminal proceedings remanded from the Supreme Court of the United States for consideration in light of Melendez-Diaz v. Massachusetts, 557 U.S. ___, 129 S (09/16/2010)

15. 091378 Wintergreen Partners v. McGuireWoods 09/16/2010 The circuit court did not err in granting summary judgment to a law firm sued for malpractice in failing timely to file transcripts on appeal on (09/16/2010)

16. 091430 Commonwealth v. AMEC Civil 09/16/2010 In a construction contract dispute in which the plaintiff contractor and the defendant Virginia Department of Transportation both assign error, issues are (09/16/2010)

17. 091502 Arogas, Inc. v. Frederick County Board of Zoning Appeals 09/16/2010 In a certiorari and declaratory judgment challenge to an action of a county enforcing an amended proffer made part of a rezon (09/16/2010)

18. 091590 County of Albemarle v. Keswick Club 09/16/2010 On remand from a prior appeal, the circuit court’s reduction of an assessment for a private recreational club for two tax years was not reversible (09/16/2010)

19. 091659 Van Dam v. Gay 09/16/2010 In an action for legal malpractice, the circuit court correctly held that a wife’s legal injury arising out of the alleged malpractice in drafting divorce property set (09/16/2010)

20. 091685 Jamerson v. Coleman-Adams Construction 09/16/2010 The trial court's dismissal of a personal injury action because it was filed beyond the statutory limitation period provided by Code A (09/16/2010)

21. 091911 Noakes v. Commonwealth 09/16/2010 In a prosecution for involuntary manslaughter arising from the suffocation death of an infant in defendant's care, there was sufficient evidence to support the (09/16/2010)

22. 092273 Warrington v. Commonwealth 09/16/2010 In civil commitment proceedings under the Sexually Violent Predators Act, Code A (09/16/2010)

23. 100374 Andrews v. Commonwealth 09/16/2010 Upon review of the four capital murder convictions and death sentences imposed on the defendant, non-harmless errors occurred in the penalty-determination pha (09/16/2010)

24. 090444 James v. City of Falls Church 06/10/2010 The trial court did not err in granting a motion to strike the evidence, or in dismissing an action by a church which had been denied an application for (06/10/2010)

25. 090682 The Protestant Episcopal Church v. Truro Church 06/10/2010 In a church property dispute involving a Virginia diocese of an international protestant church, the United States province of that ch (06/10/2010)

26. 091009 Walton v. Mid-Atlantic Spine Specialists 06/10/2010 In a medical malpractice case, the defendant doctor waived the attorney-client privilege for a letter he wrote to his attorney regarding pote (06/10/2010)

27. 091023 Dolby v. Dolby 06/10/2010 In an action by a decedent's executors for aid and direction regarding administration of the estate, in which the parties asked the circuit court to determine whether (06/10/2010)

28. 091055 Schilling v. Schilling 06/10/2010 In a contest over probate of a holographic will, a determination whether a writing offered for probate is a valid will applies the law in effect on the date of (06/10/2010)

29. 091172 Syed v. ZH Technologies 06/10/2010 In a small business commercial dispute, the trial court erred by entering judgment on business conspiracy and tortious interference with contract claims and b (06/10/2010)

Present: All the Justices ADNAN SYED, ET AL. v. Record No. 091172 OPINION BY JUSTICE DONALD W. LEMONS ...

30. 091265 Herndon v. Commonwealth 06/10/2010 In a prosecution for possession of cocaine, the circuit court did not abuse its discretion in admitting a certificate of analysis from the Department of Foren (06/10/2010)

31. 091343 Covel v. Town of Vienna 06/10/2010 The judgment is affirmed in three consolidated circuit court actions involving challenges to a local historic preservation ordinance and decisions made by the (06/10/2010)

32. 091388 Ladysmith Rescue Squad v. Newlin 06/10/2010 (Revised 06/18/2010) In protracted trust litigation, the circuit court erred in granting over objections the motions to divide a testamentary charita (06/10/2010)

Present: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Russell, S.J. LADYSMITH RESCUE SQUAD, INC. v. Record No. 091388 OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL June 10, 20...

33. 091410 Station #2, LLC v. Lynch 06/10/2010 In an action involving breach of contract, fraud, and conspiracy claims arising from the lease of the ground floor of a building for use as a restaurant and (06/10/2010)

34. 091469 Evans v. Evans 06/10/2010 In a personal injury suit by a minor child against a parent for negligence in failing to secure her in a proper child restraint device when traveling in a motor vehicl (06/10/2010)

35. 091470 Smith v. Mountjoy 06/10/2010 In litigation brought by a widower challenging trusts set up by his spouse acting as his attorney-in-fact under a durable power of attorney, the severance of the pa (06/10/2010)

36. 091507 Cokes v. Commonwealth 06/10/2010 In a criminal proceeding on multiple felony drug charges, the trial court abused its discretion by failing to determine whether the defendant's request for a ju (06/10/2010)

37. 091793 Midkiff v. Commonwealth 06/10/2010 In a prosecution under Code A (06/10/2010)

38. 091895 Carter v. Commonwealth 06/10/2010 In a grand larceny prosecution arising from a scheme by defendant and accomplices to obtain a "refund" for goods that had never been purchased or removed from (06/10/2010)

Present: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Carrico, S.J. JACK EDWARD CARTER v. Record No. 091895 OPINION BY...

39. 092126 Moseley v. Virginia State Bar (ORDER) 06/10/2010 No error is found upon consideration of a judgment of a three-judge circuit court panel suspending an attorney’s license to practice law in the (06/10/2010)

40. 090345 Copp v. Nationwide Mutual Insurance Co. 04/15/2010 In a declaratory judgment action by an insurance company seeking a ruling that it had no obligation to defend or indemnify a college student, (04/15/2010)

41. 090404 Lane v. Starke 04/15/2010 In a contested suit to construe a will, although the enjoyment of certain devises made to remaindermen was postponed during a life estate held by the testator's widow, (04/15/2010)

42. 090524 Snead v. C&S Properties 04/15/2010 In an injunction proceeding arising from allegations that an easement was subject to encroachment, the trial court erred in refusing permanent injunctive reli (04/15/2010)

43. 090596 Simpson v. Virginia Municipal Liability Pool 04/15/2010 In a declaratory judgment proceeding the circuit court did not err in determining that injuries suffered by a deputy sheriff during effor (04/15/2010)

44. 090659 City of Alexandria v. J-W Enterprises, Inc. 04/15/2010 In a contribution suit, the trial court did not err in finding that an off-duty police officer working an "extra-duty detail" at a restaur (04/15/2010)

45. 090674 Idoux v. Helou 04/15/2010 (Revised 05/28/2010) The judgment of the circuit court sustaining a plea in bar of the statute of limitations against an action that was brought against an "estate" ra (04/15/2010)

46. 090803 Schefer v. City Council of Falls Church 04/15/2010 In a declaratory judgment action by a landowner against a city challenging a zoning ordinance that sets different building height limits for s (04/15/2010)

47. 090881 Boyce v. Commonwealth 04/15/2010 In a proceeding by the Commonwealth seeking the appellant's civil commitment as a sexually violent predator, the circuit court did not abuse its discretion by r (04/15/2010)

48. 090906 Shilling v. Baker 04/15/2010 The trial court did not err in concluding that a cemetery did not exist on a hilltop property where the cremated remains of plaintiff's grandfather and other relati (04/15/2010)

49. 090907 Orndorff v. Commonwealth 04/15/2010 The trial court did not abuse its discretion in considering a motion for a new trial based on after-discovered evidence, since it reviewed the entire evident (04/15/2010)

50. 090947 Kimble v. Carey 04/15/2010 In a negligence case brought by a plaintiff who was injured while attempting to rescue the victim in a vehicular accident, the circuit court did not abuse its discret (04/15/2010)

51. 090958 Gilliam v. McGrady 04/15/2010 In equitable distribution proceedings involving apportionment of debt as part of a divorce, the trial judge erred by failing to consider statutory factors, and the (04/15/2010)

52. 090972 Hafner v. Hansen 04/15/2010 The circuit court was plainly wrong in holding that a party established by clear and convincing evidence a prescriptive easement for use of an underground sewer line (04/15/2010)

53. 090984 Johnson v. Hart 04/15/2010 In a legal malpractice action, the party prevailing in the circuit court on summary judgment endorsed the final order “seen and consented to, (04/15/2010)

Present: Hassell, C.J., Keenan, 1 Koontz, Lemons, Goodwyn and Millette, JJ., and Russell, S.J. NANCY E. JOHNSON v. Record No. 090984 OPINION BY JUSTICE DONALD W. LEMONS April 15, 2010 JOHN W. HART, E...

54. 090989 Bailey v. Town of Saltville 04/15/2010 Considering the language appearing in a 1909 agreement and deed contemporaneously made by the defendant's predecessors in title concerning an 80 foot-wide (04/15/2010)

55. 091127 Hawthorne v. VanMarter 04/15/2010 In appeals from defense verdicts in wrongful death and injury actions that arose when a police vehicle struck a civilian vehicle, the administrators of the dec (04/15/2010)

56. 091305 Clark v. Commonwealth 04/15/2010 The Court of Appeals did not err when it upheld a defendant's conviction for the crime of assault under Code A (04/15/2010)

57. 091539 Jones, Michael v. Commonwealth 04/15/2010 Defendant has failed to show that the circuit court committed reversible error in denying a motion to suppress. Although the seizure of defendant's wal (04/15/2010)

58. 082305 Volkswagen v. Smit 02/25/2010 The Court of Appeals erred in affirming a circuit court judgment upholding a decision of the Commissioner of the Department of Motor Vehicles that an automobile di (02/25/2010)

59. 082575 County of Chesterfield v. Tetra Associates, LLC 02/25/2010 In a declaratory judgment action arising from a county's disapproval of a preliminary subdivision application, the circuit court erred (02/25/2010)

PRESENT: Keenan, Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Lacy, S.J. COUNTY OF CHESTERFIELD OPINION BY v. Reco...

60. 090041 Hollingsworth v. Norfolk Southern Railway Co. 02/25/2010 (Revised 03/01/2010) In an action against a railroad under the Federal Employers' Liability Act, the circuit court did not err in granti (02/25/2010)

61. 090043 Marble Technologies v. City of Hampton 02/25/2010 In a suit for declaratory and injunctive relief against enforcement of a city zoning ordinance on the grounds that it exceeded city authority i (02/25/2010)

62. 090110 C. Porter Vaughan, Inc. v. DiLorenzo 02/25/2010 In an action for real estate brokerage commissions, the trial court erred in sustaining the defendant seller's demurrer on the grounds that the c (02/25/2010)

63. 090143 Sales v. Kecoughtan Housing Co. 02/25/2010 In a tenant's suit against an apartment owner and its management company for personal injury and property damage resulting from mold in the apartment, (02/25/2010)

64. 090193 Rascher v. Friend 02/25/2010 The circuit court erred in striking the plaintiff’s evidence in a personal injury case arising from an accident involving an automobile and bicycle on the ground th (02/25/2010)

65. 090250 Ligon v. County of Goochland 02/25/2010 (Revised 03/01/2010) In proceedings involving the Virginia Fraud Against Taxpayers Act, Code A (02/25/2010)

66. 090254 United Leasing Corp. v. The Lehner Family Business Trust 02/25/2010 In a contract action involving an assignment of claims and proof of damages, the defendant failed to preserve an objection ma (02/25/2010)

67. 090283 Cotton Creek Circles v. San Luis Valley Water Co. 02/25/2010 The circuit court did not err in confirming an arbitration award where a broad arbitration provision in a limited liability company (02/25/2010)

68. 090303 Scialdone v. Commonwealth 02/25/2010 (Revised 03/01/2010) The Court of Appeals erred in holding that two criminal defense attorneys and their student intern, who were all found in contempt rela (02/25/2010)

69. 090313 School Board v. Commonwealth 02/25/2010 In a petition by a school board against the Commonwealth, alleging breach of contractual duty under the Virginia Local Government Risk Management Plan to (02/25/2010)

70. 090328 W&W Partnership v. Prince William County Board of Zoning Appeals 02/25/2010 A zoning administrator's ruling that a voluntary conveyance of land within the owner's parcel to the Commonwealth for (02/25/2010)

71. 090979 Jones, Russell v. Commonwealth 02/25/2010 In review of a suppression ruling turning on whether off-duty law enforcement officers, privately employed by an apartment complex to protect against t (02/25/2010)

72. 091015 Fullwood v. Commonwealth 02/25/2010 In a prosecution for drug violations within 1,000 feet of school property, the circuit court did not err in finding that the violations in question occurred (02/25/2010)

73. 091119 Lawrence v. Commonwealth 02/25/2010 In a proceeding under the Civil Commitment of Sexually Violent Predators Act, the circuit court erred in admitting expert testimony during direct examination (02/25/2010)

74. 091120 Ghameshlouy v. Commonwealth 02/25/2010 Defendant's notice of appeal after conviction under a city code provision making it a misdemeanor to provide false identifying information to police was s (02/25/2010)

75. 091177 Harris v. Commonwealth 02/25/2010 A defendant had a liberty interest arising from participation in a drug treatment court program as part of a plea agreement, and the fact that he had no opport (02/25/2010)

76. 091299 Roberson v. Commonwealth 02/25/2010 In an attempted appeal after defendant was convicted for driving under the influence of alcohol pursuant to a local ordinance, the appeal was procedurally ba (02/25/2010)

77. 091376 Weatherbee v. Virginia State Bar 02/25/2010 In a Bar discipline proceeding that led to a public reprimand, the record demonstrates by clear and convincing evidence that the attorney filed a med (02/25/2010)

78. 080760 Teleguz v. Commonwealth (ORDER) 01/15/2010 (Revised 01/22/2010) Upon consideration of a petition for a writ of habeas corpus, respondent's motion to dismiss the petition is granted. Petitioner' (01/15/2010)

79. 082475 Antisdel v. Ashby 01/15/2010 The circuit court did not err in holding that the administrator of an estate appointed solely for the purpose of bringing a wrongful death action under Code A (01/15/2010)

80. 082607 Shapiro v. Younkin 01/15/2010 In an appeal to circuit court from a general district court proceeding in a landlord-tenant dispute, the trial judge erred in dismissing the plaintiff's appeal wit (01/15/2010)

81. 090010 Virginia Home for Boys and Girls v. Phillips 01/15/2010 (Revised 01/22/2010) In a suit seeking imposition of a trust upon the assets of a decedent, arising from her alleged failure to honor a p (01/15/2010)

82. 090069 Hamilton v. Commonwealth 01/15/2010 In a prosecution for three misdemeanor counts of assault and battery by a mob in violation of Code A (01/15/2010)

83. 090161 Brown, Dwayne v. Commonwealth 01/15/2010 (Revised 01/22/2010) In two appeals involving multiple armed robbery and firearms convictions of two teenaged cousins, the Commonwealth failed to preser (01/15/2010)

84. 090175 Whitaker v. Commonwealth 01/15/2010 (Revised 01/22/2010) In a prosecution for possession of a firearm while in possession of a controlled substance, possession with intent to distribute marijua (01/15/2010)

Present: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Carrico, S.J. LEONARD TERRELL WHITAKER OPINION BY v. Record No. 090175 ...

85. 090194 Roberts v. CSX Transportation, Inc. 01/15/2010 In a personal injury action brought against a railroad under the Federal Employers' Liability Act, the circuit court erred in failing to strike fo (01/15/2010)

86. 090265 Jones, Aubrey v. Commonwealth 01/15/2010 In a prosecution for burglary while armed with a deadly weapon, conspiracy to commit burglary, and wearing body armor while committing a crime of violen (01/15/2010)

87. 090339 Barnes v. Commonwealth 01/15/2010 In an appeal raising suppression of evidence issues, the search warrant affidavit in the case was constitutionally permissible and did not contravene the princ (01/15/2010)

88. 090510 Murillo-Rodriguez v. Commonwealth 01/15/2010 The Court of Appeals did not err in refusing a petition for appeal of a conviction for abduction with intent to defile, in a case where the defendan (01/15/2010)

89. 090518 Thomas v. Commonwealth 01/15/2010 (Revised 01/22/2010) In a first-degree murder and firearms prosecution for shooting and bludgeoning the victim to death, no reversible error is found in the tr (01/15/2010)

90. 090537 Avent v. Commonwealth 01/15/2010 In a first-degree murder and firearms prosecution for shooting and bludgeoning the victim to death, no reversible error is found in the trial court's rulings be (01/15/2010)

91. 090557 Commonwealth v. Brown, Tavares 01/15/2010 In the appeal challenging suppression motion rulings, the Court of Appeals can only consider issues properly brought before it by the litigants, and wh (01/15/2010)

92. 090655 Harris v. Commonwealth 01/15/2010 In a proceeding under the Civil Commitment of Sexually Violent Predators Act, in which the Commonwealth moved for leave to amend its petition to identify the s (01/15/2010)

93. 090706 Logan v. Commonwealth 01/15/2010 In accord with prior case law, the exclusionary rule is not applicable in probation revocation proceedings absent a showing of bad faith on the part of the poli (01/15/2010)

94. 090727 Jones, Ronald v. Commonwealth 01/15/2010 In determining whether a police officer had probable cause to arrest a defendant for driving under the influence of alcohol, a court may consider the dr (01/15/2010)

95. 090738 Anderson v. Commonwealth 01/15/2010 The "public safety" exception to the Miranda rule was applicable to permit evidential use of a defendant's response when an arresting officer asked defendant (01/15/2010)

Present: Hassell, C.J., Koontz, Kinser, Lemons, Goodwyn, and Millette, JJ., and Carrico, S.J. GERALD LORENZO ANDERSON OPINION BY v. Record No. 090738 ...

96. 090856 Vaughn v. Commonwealth (ORDER) 01/15/2010 In an appeal from a conviction for grand larceny in violation of Code A (01/15/2010)

97. 091492 Conger v. Barrett 11/04/2010 Where a pending wrongful death action was dismissed for inactivity pursuant to Code § 8.01-335(B) but reinstated within one year on notice and motion, the circuit c (11/04/2010)

98. 091883 FFW Enterprises v. Fairfax County 11/04/2010 In proceedings involving a challenge to Code §§ 58.1-3221.3 and 33.1-435 under the Constitution of Virginia, the plaintiff failed to meet its burden (11/04/2010)

99. 100143 Carosi v. Commonwealth 11/04/2010 In a prosecution for, among other charges, child endangerment, three convictions for violation of Code § 40.1-103(A) were supported by sufficient evidence that (11/04/2010)

100. 100160 Hall v. Commonwealth 11/04/2010 In a prosecution for felonious escape by force or violence in violation of Code § 18.2-478 there was sufficient evidence to prove that the defendant was under ar (11/04/2010)