Category: Virginia Supreme Court Opinions

201 S.E.2d 791 STANFORD WARE, JR. v. COMMONWEALTH OF VIRGINIA. 43004 Record No. 730395.Supreme Court of Virginia. January 1, 1974 Present, All the Justices. (1) Rape — Venue — Judicial Notice. (2) Rape — Sufficiency of Evidence — Appellate Review. 1. Evidence to prove venue may be direct or circumstantial and may be aided by […]

560 S.E.2d 256 MICHAEL HAAS v. JACK LEE, WARDEN, KEEN MOUNTAIN CORRECTIONAL CENTER. Record No. 010310.Supreme Court of Virginia. March 1, 2002. Petitioner was convicted in 1994 of two counts of sodomy and his punishment was fixed at two terms of life imprisonment. In 2000 he filed a petition for writ of habeas corpus against […]

181 S.E.2d 635 CRESTWOOD CONSTRUCTION COMPANY v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY. BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. CRESTWOOD CONSTRUCTION COMPANY. 42506 Record Nos. 7473 and 7472.Supreme Court of Virginia. June 14, 1971 Present, Snead, C.J., I’Anson, Gordon, Harrison, Cochran and Harman, JJ. Subdivision Fees — Recovery — Payment Under Protest. No action […]

606 S.E.2d 813 PATRICIA A. DRINKARD-NUCKOLS, EXECUTOR OF THE ESTATE OF BERMUDA H. DRINKARD, DECEASED v. WILLIAM C. ANDREWS, JR., M.D., ET AL. Record No. 040585.Supreme Court of Virginia. January 14, 2005. Present: All the Justices After a woman fell, injuring her shoulder and arm, she was seen in a hospital emergency room. An x-ray […]

313 S.E.2d 394 DAVID ALLEN FITZGERALD v. COMMONWEALTH OF VIRGINIA 44617 Record No. 830653.Supreme Court of Virginia. March 9, 1984. Present: All the Justices. Forgery conviction based on circumstantial evidence affirmed; other issues. (1) Criminal Law — Forgery — Definition — Common Law Crime in Virginia. (2) Criminal Procedure — Forgery — Evidence — Circumstantial […]

373 S.E.2d 715 MARY F. MILES v. CITY OF RICHMOND 45785 Record No. 860953Supreme Court of Virginia. November 18, 1988 Present: Carrico, C.J., Poff, Compton, Stephenson, Russell and Thomas, JJ., and Gordon, Retired justice Dismissal of a tort action against a city is reversed and remanded because timely notice to the city of the claim […]

54 S.E.2d 872 CLAUDE F. FINNEY, ET AL. v. HARLEY A. HAWKINS. 38890 Record No. 3501.Supreme Court of Virginia. September 7, 1949 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Master and Servant — “Right to Work Statute” — Held Constitutional. (2) Master and Servant — “Right to Work Statute” — […]

458 S.E.2d 575 THOMAS LEE ROYAL, JR. v. COMMONWEALTH OF VIRGINIA 50415 Record No. 942223Supreme Court of Virginia. Decided: June 9, 1995 Present: All the Justices The defendant was indicted for the capital murder of a police officer and use of a firearm in the commission of murder. He entered pleas of guilty on both […]

125 S.E.2d 812 COUNTY OF HANOVER v. TRUSTEES OF RANDOLPH-MACON COLLEGE. 41364 Record No. 5411.Supreme Court of Virginia. June 11, 1962 Present, All the Justices. (1) Taxation — Property Exempted Under Section 183 of Constitution — Liberal Construction Followed. (2) Taxation — Exemptions — Lots Bought by College for Sale to Faculty Held Exempt. (3) […]

57 S.E.2d 33 CALVIN J. YOUNG v. H. M. SCHRINER. 38940 Record No. 3540.Supreme Court of Virginia. January 16, 1950 Present, All the Justices. (1) Parol Evidence — Consideration — Assignment of Contract to Purchase Land — Admissible to Show Full Consideration. (2) Parol Evidence — Contracts — Admissibility in General. (3) Parol Evidence — […]

97 S.E.2d 661 CITY OF WINCHESTER, ETC. ET AL, ETC. v. JOHN D. GLOVER. 39859 Record No. 4646.Supreme Court of Virginia. April 26, 1957 Present, Hudgins, C.J., and Eggleston, Buchanan, Miller, Whittle and Snead, JJ. (1) Equal Protection of Laws — Operation of Filling Station — Not Inherently Dangerous Business. (2) Municipal Corporations — Council […]

506 S.E.2d 540 KENNETH R. ASH, SR. AND JOYCE A. ASH v. ALL STAR LAWN AND PEST CONTROL, INC. Record No. 972711Supreme Court of Virginia. November 6, 1998 Present: All the Justices The trial court erred m ruling that purchasers of real property could not recover for breach of contract against an inspection company for […]

389 S.E.2d 304 EAGLES COURT CONDOMINIUM UNIT OWNERS ASSOCIATION, ET AL. v. HEATILATOR, INC, ET AL. 46236 Record No. 890052Supreme Court of Virginia. March 2, 1990 Present: All the Justices The trial court erred in holding that the plaintiffs’ claims against the manufacturer and supplier of defective fireplace system parts were time-barred without first making […]

611 S.E.2d 375 TIMOTHY MARTIN BARRETT v. VIRGINIA STATE BAR. Record No. 042336.Supreme Court of Virginia. April 22, 2005. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Agee, JJ., and Compton, S.J. A Virginia attorney and his wife separated. He thereafter wrote a series of intimidating electronic mail (e-mail) communications to her concerning potential litigation […]

212 S.E.2d 293 ROBERT CHARLES WITT v. COMMONWEALTH OF VIRGINIA. 43181 Record No. 740285.Supreme Court of Virginia. March 10, 1975 Present, All the Justices. (1) Criminal Procedure — Confession — Admissibility. (2) Criminal Procedure — Denial of Continuance. 1. Burden is on Commonwealth to prove that a confession is voluntary and admissibility depends on voluntariness, […]

585 S.E.2d 597 DONNA HONSINGER v. SHEILA F. EGAN. Record No. 021761.Supreme Court of Virginia. September 12, 2003. Present: All the Justices. In a case arising from an automobile accident, conflicting expert testimony was received at trial regarding plaintiff’s asserted injuries and damages. The court granted instructions informing the jury that plaintiff had the burden […]

318 S.E.2d 592 ALLEN REALTY CORPORATION v. BILLY R. HOLBERT, ET AL. 44654 Record No. 812041.Supreme Court of Virginia. June 15, 1984. Present: All the Justices An accountant’s concealment of offers to purchase real estate from his client may constitute a breach of fiduciary duty for which both the accountant and his firm may be […]

241 S.E.2d 775 JOHN R. PAGE v. CITY OF RICHMOND 43638 Record No. 770874.Supreme Court of Virginia. March 3, 1978 Present: I’Anson, C.J., Carrico, Harrison, Cochran, Harman and Compton, JJ. Statement of physician that no evidence found to relate disability of claimant to occupation of fire fighter insufficient to rebut presumption of causal connection raised […]

166 S.E.2d 228 JARETTE ARLO DEAN v. COMMONWEALTH OF VIRGINIA. 42186 Record No. 6961.Supreme Court of Virginia. March 10, 1969 Present, All the Justices. (1) Criminal Procedure — Custodial Interrogation. (2) Criminal Procedure — Voir Dire Examination. (3) Criminal Procedure Evidence — Refusal to Testify at Another Trial. 1. Defendant upon request accompanied investigating officers […]