2011)

2. 100967 Schuman v. Schuman 11/04/2011 In an appeal from a judgment of the Court of Appeals holding that various stock options and awards granted to a wife by her employer during the marriage were her s (11/04/2011)

3. 101102 Landrum v. Chippenham & Johnston-Willis Hospitals 11/04/2011 In a medical malpractice action, the circuit court did not abuse its discretion in excluding the plaintiff's expert witnesses becaus (11/04/2011)

4. 101209 Ruhlin v. Samaan 11/04/2011 In a personal injury action arising from an automobile accident, the circuit court did not err under Code A (11/04/2011)

5. 101278 Ott v. Monroe 11/04/2011 In an appeal from the denial of declaratory relief relating to ownership rights in a Virginia limited liability company, the circuit court did not err in holding that t (11/04/2011)

6. 101316 Adcock v. Commonwealth 11/04/2011 In an application by the Division of Child Support Enforcement on behalf of a former wife, seeking to reopen a 1966 divorce proceeding to establish child suppo (11/04/2011)

7. 101837 Home Paramount Pest Control v. Shaffer 11/04/2011 In a contract-related action arising from a "non-compete" provision in an employment contract, the trial court did not err in dismissing the fo (11/04/2011)

8. 102244 Bakran v. Commonwealth 11/04/2011 The Court of Appeals correctly concluded that there was sufficient evidence to support the defendant's conviction for use of a vehicle to promote prostitution, (11/04/2011)

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Russell and Lacy, S.JJ. SCOTT LOUIS BAKRAN v. Record No. 102244 PER CURIAM NOVEMBER 4, 2011 COMMONWEALTH OF VIRGINIA FROM THE COU...

9. 102246 Bevel v. Commonwealth 11/04/2011 In two related appeals involving the requested abatement of proceedings in a criminal case in which the convicted defendant died during the appeal process, the (11/04/2011)

10. 102398 Smith, Russell v. Commonwealth 11/04/2011 In a prosecution for "willfully and intentionally making a materially false statement" on a form executed in connection with the purchase of a firearm (11/04/2011)

11. 102420 Davis v. Commonwealth (ORDER) 11/04/2011 In an appeal by a defendant convicted on firearms charges, alleging error by the trial court in accepting his guilty plea, the Court of Appeals denied t (11/04/2011)

12. 102471 Bowman v. Johnson 11/04/2011 It was not error for the court hearing a petition for writ of habeas corpus challenging a conviction for bank robbery to deny the petition. A claim relating to the (11/04/2011)

13. 102477 Christian v. State Corporation Commission 11/04/2011 In an appeal from proceedings before the State Corporation Commission in which an individual sought injunctive and declaratory relief for th (11/04/2011)

14. 102478 McDowell v. Commonwealth (ORDER) 11/04/2011 An appeal from a conviction under Code A (11/04/2011)

15. 110069 Anderson v. Commonwealth 11/04/2011 In a prosecution for fellatio by force in violation of Code A (11/04/2011)

16. 092491 Michael E. Siska Revocable Trust v. Milestone 09/16/2011 The necessary party doctrine does not implicate subject matter jurisdiction, and under Code A (09/16/2011)

17. 100285 Doud v. Commonwealth 09/16/2011 The sovereign immunity of the Commonwealth was not waived with respect to a negligence claim arising out of injuries suffered by plaintiff’s decedent while incar (09/16/2011)

18. 100434 Fox Rest Associates v. Little 09/16/2011 In a suit for to enforce a judgment under fraudulent and voluntary conveyance theories pursuant to Code A (09/16/2011)

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ. FOX REST ASSOCIATES, L.P. v. Record No. 100434 OPINION BY JUSTICE LEROY F. MILLETTE, JR. September 16, 2011 ANNE B. LITTLE, ET AL. FROM...

19. 100929 Copeland v. Todd 09/16/2011 The Court of Appeals did not err in reversing the circuit court's holding in an adoption proceeding that the birth mother's consent to the adoption was not necessary (09/16/2011)

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ. LUCRETIA PUTNAM COPELAND v. Record No. 100929 OPINION BY JUSTICE DONALD W. LEMONS September 16, 2011 LESLIE TODD FROM THE COURT OF AP...

20. 100981 David White Crane Service v. Howell 09/16/2011 In a dispute concerning the scope and application of the exclusivity provisions of the Virginia Workers’ Compensation Act, the defendants were ent (09/16/2011)

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Russell and Koontz, S.JJ. DAVID WHITE CRANE SERVICE, ET AL. ...

21. 101004 Bell v. Casper 09/16/2011 In two consolidated declaratory judgment actions seeking to have the beneficiary under a will declared to be the "slayer" of the decedent and barred from inheriting an (09/16/2011)

22. 101031 McCarthy Holdings LLC v. Burgher 09/16/2011 In resolving a suit with claims for declaratory relief in the application of an easement on real property, the circuit court did not err in concludin (09/16/2011)

23. 101085 Zinone v. Lee's Crossing Homeowners Ass'n 09/16/2011 In a property owner's suit against a homeowners association for declaratory and injunctive relief, among other remedies, the circuit court d (09/16/2011)

24. 101120 Bank of the Commonwealth v. Hudspeth 09/16/2011 In a suit by a former bank vice-president seeking compensation after his employment in a position involving sales of securities was terminated, t (09/16/2011)

25. 101128 Comtois v. Rogers 09/16/2011 In lawsuits between partners in a Virginia law firm, the circuit court did not err in concluding that the former senior partner's equity in the firm remained at the (09/16/2011)

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ. MARK C. COMTOIS, ET AL. OPINION BY v. Record No. 101128 JUSTICE WILLIAM C. MIMS ...

26. 101232 Kummer v. Donak 09/16/2011 In a petition for aid and direction by an administrator of a decedent's estate, the circuit court correctly concluded that the adoption of the decedent's biological s (09/16/2011)

27. 101457 Turner v. Commonwealth 09/16/2011 In a petition for a writ of actual innocence based on newly-discovered non-biological evidence, "recantation" testimony offered by another individual who was c (09/16/2011)

28. 102314 Commonwealth v. Bell 09/16/2011 In a first annual review proceeding under the Virginia Civil Commitment of Sexually Violent Predators Act for a person previously found to be a predator under th (09/16/2011)

29. 091047 Brooks v. Commonwealth 06/09/2011 In a prosecution for possession of cocaine in which the circuit court denied defendant's motion to suppress drugs recovered during a consent search for weapons (06/09/2011)

30. 092465 Taco Bell v. Commonwealth 06/09/2011 In a condemnation proceeding, the trial court erred in striking evidence relating to certain alleged fixtures used in the operation of a fast food restauran (06/09/2011)

31. 100199 Bennett v. Sage Solutions 06/09/2011 In a suit for severance payments under an employment contract, the employee’s repudiation of future obligations under the employment contract, even after pe (06/09/2011)

32. 100333 Mulford v. Walnut Hill Farm Group 06/09/2011 (Revised 06/10/2011) In an action by a landowner claiming a legal right to access certain property, the plaintiff failed to prove the requisite form (06/09/2011)

33. 100347 Riverside Owner v. City of Richmond 06/09/2011 In a taxpayers' action for relief from allegedly erroneous assessment of taxes on real property under Code A (06/09/2011)

34. 100399 Kocher v. Campbell 06/09/2011 In a personal injury action in which a plea in bar raised the statute of limitations, under Virginia standing and limitations law, plaintiff lacked standing to bri (06/09/2011)

35. 100457 Lewis-Gale Medical Center v. Alldredge 06/09/2011 In a case alleging that hospital personnel tortiously interfered with a physician's contractual and employment relationship with her medical pr (06/09/2011)

36. 100499 Rutter v. Oakwood Living Centers 06/09/2011 In a wrongful death case during which the trial court purported to enter a self-executing, prospective order under Code A (06/09/2011)

37. 100632 Davis v. County of Fairfax 06/09/2011 In proceedings under former Code provisions relating to an alleged unfit pet owner, the Court of Appeals erred in affirming the judgment of the circuit cou (06/09/2011)

38. 100650 Eastlack v. Commonwealth 06/09/2011 A defendant in a criminal case who has been found not guilty by reason of insanity may not invoke the provisions of Code A (06/09/2011)

39. 100797 Cappo Management V, Inc. v. Britt 06/09/2011 Article Nine of the UCC as adopted in Virginia, Code A (06/09/2011)

40. 100841 Dabney v. Augusta Mutual Insurance Co. 06/09/2011 In a declaratory judgment proceeding concerning the obligation of an insurer to defend and indemnify the estate of a homeowner in whose house t (06/09/2011)

41. 101737 Rix v. Commonwealth (ORDER) 06/09/2011 In considering defendant's challenge to the sufficiency of the evidence supporting her conviction for operating a motor vehicle while under the influence (06/09/2011)

42. 101866 Kelso v. Commonwealth 06/09/2011 The crime of causing a juvenile to assist in the distribution of marijuana in violation of Code A (06/09/2011)

43. 101870 Sanders v. Commonwealth 06/09/2011 In a prosecution for forcible sodomy, rape, object sexual penetration, and taking indecent liberties with a child under the age of 13, there was no violation (06/09/2011)

44. 101933 Commonwealth v. McNeal 06/09/2011 In a prosecution for failing to return rented personal property valued at more than $200 within ten days after expiration of the rental period in violation of (06/09/2011)

45. 102043 Level 3 Communications v. State Corporation Commission 06/09/2011 In considering several applications filed by a Virginia-based telecommunications company seeking to have the State Corporation (06/09/2011)

46. 092501 Virginia Dept. of Corrections v. Estep 04/21/2011 In an appeal from the judgment of a circuit court implementing the decision of a hearing officer pursuant to Code A (04/21/2011)

47. 092561 Commonwealth v. Smith, Corey 04/21/2011 In an appeal from a conditional plea of guilty challenging the trial court's failure to suppress evidence of a weapon seized in a pat-down search of the (04/21/2011)

48. 092583 Volpe v. City of Lexington 04/21/2011 In a suit by the administrators of a minor decedent who was an invitee at a city park that included a dammed portion of a river, and drowned in a dangerous (04/21/2011)

49. 100034 Virginia Marine Resources Comm'n v. Clark 04/21/2011 In an appeal by residents who challenged a decision of the Virginia Marine Resources Commission the Court of Appeals erred in concluding tha (04/21/2011)

50. 100048 Dean v. Board of County Supervisors 04/21/2011 In a condemnation proceeding, there was no abuse of discretion in the ruling of the circuit court barring, on a motion in limine, introduction by (04/21/2011)

51. 100052 Chalifoux v. Radiology Associates 04/21/2011 In a medical malpractice case, the circuit court erred in ruling that the "continuous treatment doctrine" was inapplicable to the plaintiff patient' (04/21/2011)

52. 100068 Jennings v. Board of Supervisors 04/21/2011 In a challenge by a landowner with riparian rights to a locality's authority to regulate the construction of additional mooring slips and accompanyin (04/21/2011)

53. 100070 Ford Motor Company v. Gordon 04/21/2011 In a Workers' Compensation Act proceeding in which a claimant's change-in-condition application for benefits was rejected by the Workers' Compensation Co (04/21/2011)

54. 100082 Farmers Insurance Exchange v. Enterprise Leasing co. 04/21/2011 In a declaratory judgment proceeding it is held that a self-insured rental car company may seek indemnification from its renter f (04/21/2011)

55. 100108 Riverside Healthcare Ass'n v. Forbes 04/21/2011 In a trustee's action concerning allocation of compensation from an eminent domain proceeding between income and principal, because the grantor e (04/21/2011)

56. 100149 Scott v. Burwell's Bay Improvement Ass'n 04/21/2011 In a case involving riparian rights, the circuit court did not err in ruling that a party seeking to establish ownership of riparian rights b (04/21/2011)

57. 100157 Necaise v. Commonwealth 04/21/2011 The circuit court did not err in denying a petition pursuant to Code A (04/21/2011)

58. 100260 Dunn, McCormack & MacPherson v. Connolly 04/21/2011 In a suit alleging intentional interference with contractual relations, the circuit court did not err when it sustained the individual defend (04/21/2011)

59. 100287 Ruby v. Cashnet, Inc. 04/21/2011 (Revised 05/25/2011) Under former Code A (04/21/2011)

60. 100303 Condominium Services v. First Owners' Ass'n 04/21/2011 (Revised 05/25/2011) In a lawsuit between a condominium owners' association and a management services company, the circuit court did not e (04/21/2011)

61. 100305 Gunter v. Martin 04/21/2011 In a suit to quiet title and for allotment of property in lieu of partition filed by a plaintiff who alleged that he was the biological heir of a decedent, the remed (04/21/2011)

62. 100332 GEICO v. USAA 04/21/2011 In a declaratory judgment proceeding brought by two insurance carriers after an automobile crash, there was no evidence that the driver of a vehicle was using it within (04/21/2011)

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Lacy and Koontz, S.JJ. GOVERNMENT EMPLOYEES INSURANCE COMPANY, ET AL. v. Record No. 100332 OPINION BY JUSTICE WILLIAM C. MIMS April...

63. 100338 Lewis v. Kei 04/21/2011 (Revised 05/25/2011) In a case alleging malicious prosecution, false imprisonment, and defamation against the law enforcement officer who obtained a warrant for the arre (04/21/2011)

64. 101282 Burton v. Commonwealth 04/21/2011 In a prosecution for abduction in violation of Code A (04/21/2011)

65. 101289 Byrd v. Johnson 04/21/2011 In a habeas corpus proceeding based upon trial counsels' failure to renew a motion to strike the evidence at the conclusion of all the evidence, and failure at senten (04/21/2011)

66. 062556 Juniper v. Warden (ORDER) 03/04/2011 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 i (03/04/2011)

67. 080524 Gray v. Warden (ORDER) 03/04/2011 Upon consideration of a petition for a writ of habeas corpus, the petition is granted as to petitioner's claim that his convictions for capital murder under Co (03/04/2011)

68. 091244 AME Financial Corp. v. Kiritsis 03/04/2011 In a suit for declaratory relief and damages alleging breach of contract, fraud, conspiracy and violation of the Virginia Consumer Protection Act in t (03/04/2011)

69. 091803 Reed v. Commonwealth 03/04/2011 There was no error in the denial by the circuit court of a defendant's motion to vacate his convictions on the ground that the judgment was void ab initio becaus (03/04/2011)

70. 092158 Ford Motor Credit Co. v. Chesterfield County 03/04/2011 (Revised 03/04/2011) In ruling on a taxpayer's application for refund of business, professional and occupational license taxes paid to a (03/04/2011)

71. 092323 Johnson v. Woodard 03/04/2011 In proceedings following petitions to remove members of a county board of supervisors pursuant to Code A (03/04/2011)

72. 092385 Lee v. City of Norfolk 03/04/2011 In an action for alleged constitutional, statutory and common-law wrongs by a city in demolishing a building needing repair on the plaintiff's property that th (03/04/2011)

73. 092395 Kozmina v. Commonwealth 03/04/2011 The trial court did not err by denying a defendant’s motion to disqualify the Commonwealth’s Attorney from prosecuting a charge of first offense refusal to ta (03/04/2011)

74. 092486 Fairfax Redevelopment and Housing Authority v. Riekse 03/04/2011 In an action by a county for specific performance, the circuit court’s determination that it could not order the former owners o (03/04/2011)

75. 092541 Kaltman v. All American Pest Control 03/04/2011 In litigation alleging application of pesticide at a residence that was not approved for residential use, the circuit court erred in sustaining t (03/04/2011)

76. 100506 Ellis v. Commonwealth 03/04/2011 In a prosecution under Code A (03/04/2011)

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Koontz, S.J.∗ CORDERO BERNARD ELLIS OPINION BY SENIOR JUSTICE LAWRENCE L. KOO...

77. 100727 Hicks v. Commonwealth 03/04/2011 The Court of Appeals did not err in affirming defendant's conviction for possession of heroin in violation of Code A (03/04/2011)

78. 100776 Courtney v. Comonwealth 03/04/2011 In a prosecution for use or display of a firearm in the commission of a felony under Code A (03/04/2011)

Present: Kinser, C.J., Lemons, Goodwyn, and Millette, JJ., and Russell, Lacy, and Koontz, S.JJ. TAVORIS M. COURTNEY v. Record No. 100776 OPINION BY JUSTICE DONALD W. LEMONS March 4, 2011 COMMONWEALT...

79. 100778 Startin v. Commonwealth 03/04/2011 In a prosecution for use or display of a firearm in the commission of a felony under Code A (03/04/2011)

80. 100840 Commonwealth v. Amerson 03/04/2011 In proceedings pursuant to the Civil Commitment of Sexually Violent Predators Act, no provision of the Act authorized the conditional release of a violent pre (03/04/2011)

Present: Kinser, C.J., Lemons, Goodwyn, and Millette, JJ., and Carrico and Koontz, S.JJ.∗ COMMONWEALTH OF VIRGINIA OPINION B...

81. 100906 Saunders v. Commonwealth 03/04/2011 A person under the age of 18 may be sentenced by a jury rather than a judge on one or more charges of the types specified in Code A (03/04/2011)

82. 100912 Howard v. Commonwealth 03/04/2011 The Court of Appeals did not err in affirming defendant's convictions after the trial court denied a motion to dismiss for alleged speedy trial violations. A c (03/04/2011)

83. 101003 Rowland v. Commonwealth 03/04/2011 In a case charging, among other things, burglary and robbery, the evidence was not sufficient to support the conviction of the defendant for use of a firearm (03/04/2011)

Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Lacy and Koontz, S.JJ. CORDARO A. ROWLAND v. Record No. 101003 OPINION BY JUSTICE S. BERNARD GOODWYN March 4, 2011 COMMONWEALTH O...

84. 101357 Smith v. Commonwealth 03/04/2011 In an appeal from a conditional guilty plea after denial of a motion to suppress evidence, in which the defendant/appellant failed to file the suppression heari (03/04/2011)

85. 091693 Isle of Wight County v. Nogiec 01/13/2011 In a lawsuit charging a county with breach of an employment severance contract and asserting a defamation claim against its assistant administrator, th (01/13/2011)

PRESENT: All the Justices ISLE OF WIGHT COUNTY v. Record No. 091693 ALAN NOGIEC OPINION BY JUSTICE LEROY F. MILLETTE, JR. January 13, 2011 PATRICK SMALL v. Record No. 091731 ALAN NOGIE...

86. 091762 Simms v. Ruby Tuesday, Inc. 01/13/2011 In a workers' compensation case, the workplace horseplay doctrine should have been considered and applied in determining whether injuries sustained when e (01/13/2011)

87. 091934 DiGiacinto v. Rector and Visitors of George Mason University 01/13/2011 In review of a complaint for declaratory and injunctive relief against a Virginia public university challenging a regulat (01/13/2011)

88. 091941 O'Connor v. Tice 01/13/2011 In an action for malicious prosecution after termination of a criminal charge against plaintiff for construction fraud, the evidence was sufficient to support the ju (01/13/2011)

89. 091991 CNH America v. Smith 01/13/2011 In a personal injury suit arising from the explosion of a hydraulic hose on a mowing device, the trial court erred in admitting into evidence opinion testimony o (01/13/2011)

90. 091993 Royal Indemnity Co. v. Tyco Fire Products 01/13/2011 (Revised 01/18/2011) In a product liability case, exterior sidewall sprinkler heads were “equipment (01/13/2011)

91. 092076 Carlson v. Wells 01/13/2011 In an action involving the duty of care owed by the custodians of Uniform Transfers to Minors Act accounts prior to 2007, to which the Prudent Person Rule applied, t (01/13/2011)

PRESENT: All the Justices JON C. CARLSON, ET AL. v. Record No. 092076 OPINION BY JUSTICE WILLIAM C. MIMS January 13, 2011 VALERIE A. WELLS, ET AL. FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEA...

92. 092163 Commonwealth v. Morris 01/13/2011 In ruling on separate petitions for modification of sentences previously imposed, the errors alleged do not constitute “errors of fact (01/13/2011)

93. 092249 Vuich v. Great Eastern Resort Corp. 01/13/2011 In a personal injury case, the trial court's ruling on summary judgment that a snow tubing ride offered to the public was not an "amusement device (01/13/2011)

94. 092272 Jenkins v. Mehra 01/13/2011 In an appeal challenging a trial court's judgment refusing to hold a party in contempt after having found that the party failed to abide by the terms of a prior orde (01/13/2011)

95. 092279 Parish v. Parish 01/13/2011 In a will contest, the circuit court properly found that the proponent of a will carried her burden of proof to show that the decedent, an “incompetent (01/13/2011)

96. 092299 Harkleroad v. Linkous 01/13/2011 In cross-complaints concerning title to a parcel of improved real property, the circuit court correctly determined that co-tenants with an undivided one-half in (01/13/2011)

97. 092341 Angel v. Commonwealth 01/13/2011 In an appeal from convictions for malicious wounding, abduction with intent to defile, two counts of object sexual penetration, and misdemeanor sexual battery, (01/13/2011)

98. 092361 Addison v. Jurgelsky 01/13/2011 A wrongful death action against three physicians commenced by only one of two co-administrators of an estate was not properly dismissed as time-barred when the s (01/13/2011)

99. 092498 Bottoms v. Commonwealth 01/13/2011 The circuit court erred in failing to permit a defendant to withdraw a plea of guilty to two counts of construction fraud, applying an incorrect standard unde (01/13/2011)

100. 092524 Hernandez v. Commonwealth 01/13/2011 The Court of Appeals erred in finding that the trial court lacked statutory or inherent power, at the conclusion of the evidence in a bench trial on charges (01/13/2011)