Category: Virginia Supreme Court Opinions

187 S.E.2d 198 ALVIN W. GREEN v. COMMONWEALTH OF VIRGINIA. 42660 Record No. 7722.Supreme Court of Virginia. March 6, 1972 Present, Snead, C.J., Carrico, Gordon, Harrison, Cochran and Harman, JJ. Criminal Law — Lottery — Circumstantial Evidence. While conviction can be based on circumstantial evidence, it must exclude all reasonable conclusions inconsistent with guilt. Numbers […]

538 S.E.2d 296 MARY L. WHITLEY, ADMINISTRATOR OF THE ESTATE OF JOSEPH H. JENKINS, DECEASED v. COMMONWEALTH OF VIRGINIA, ET AL. Record No. 992394.Supreme Court of Virginia. November 3, 2000. Plaintiff, administrator of the estate of a deceased prisoner, filed a wrongful death case against certain medical personnel at a correctional center and against the […]

639 S.E.2d 243 KESWICK CLUB, L.P. v. COUNTY OF ALBEMARLE. Record No. 060672.Supreme Court of Virginia. January 12, 2007. Present: All the Justices. A private club owning a golf course brought a taxpayer’s application under Code § 58.1-3984 for correction of a county’s real property tax assessments for two years. Evidence was taken by the […]

302 S.E.2d 36 NATIONWIDE MUTUAL INSURANCE COMPANY v. MARKLEY LOUIS SHELTON 44475 Record No. 810116.Supreme Court of Virginia. April 29, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Stephenson, and Russell, JJ., and Harrison, Retired Justice. Class 2 insured (other than named insured or relation, etc.), under Code Sec. 38.1-380.1 optional provision for medical payments, cannot […]

576 S.E.2d 458 IN RE: COMMONWEALTH’S ATTORNEY FOR THE CITY OF ROANOKE. Record Nos. 021441 and 021442.Supreme Court of Virginia. February 28, 2003. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Carrico,[1] S.J. [1] Chief Justice Carrico presided and participated in the hearing and decision of this case prior to the effective […]

194 S.E.2d 687 SUN OIL COMPANY v. DALE LYNN LAWRENCE. 42845 Record No. 8077.Supreme Court of Virginia. March 5, 1973 Present, All the Justices. (1) Workmen’s Compensation — Statutory Employee — Independent Dealer. (2) Workmen’s Compensation — Attorney Fees. 1. Lawrence was employee of independent service station dealer and was not an employee or agent […]

105 S.E.2d 164 JOHN P. ADKINS v. COMMONWEALTH OF VIRGINIA. 40007 Record No. 4880.Supreme Court of Virginia. October 13, 1958 Present, All the Justices. Larceny — Conviction Not Supported By the Evidence. Defendant was found guilty of grand larceny of logs cut from three walnut trees on the land of one Francisco, from which land […]

145 S.E.2d 170 KEITH B. SKINNER v. NORFOLK AND WESTERN RAILWAY COMPANY, ET AL. 41768 Record No. 5999.Supreme Court of Virginia. November 29, 1965 Present, All the Justices. (1) Railroads — Warning Signals at Crossing — Railroad’s Negligence Must Be a Cause of Injury. (2) Railroads — Warning Signals at Crossing — Whether Given Not […]

546 S.E.2d 728 ROBERT LEWIS CLAY v. COMMONWEALTH OF VIRGINIA. Record No. 002112.Supreme Court of Virginia. June 8, 2001. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Stephenson, S.J. Defendant was tried for first degree murder arising from his shooting of his wife with a shotgun. His defense was that the discharge […]

569 S.E.2d 35 BRUCE A. TAYLOR, ET AL. v. RICHARD R. McCONCHIE, ET AL. Record No. 012583.Supreme Court of Virginia. September 13, 2002. Present: All the Justices. Plaintiffs entered into a contract to purchase property which was the dominant estate served by an easement created a half-century ago, reserving an access route to the grantors’ […]

80 S.E.2d 574 RICHMOND REDEVELOPMENT AND HOUSING AUTHORITY v. LABURNUM CONSTRUCTION CORPORATION. 39460 Record No. 4161.Supreme Court of Virginia. March 15, 1954 Present, All the Justices. (1) Survival of Action — Code Sec. 1950, Section 64-135 Construed. (2) Statute of Limitations — Recovery of Payments Induced by Misrepresentations — One Year Period Applicable. (3) Statute […]

585 S.E.2d 590 WILLIAM M. BARNER, ET AL. v. EDWARD A. CHAPPELL, ET AL. Record No. 022710.Supreme Court of Virginia. September 12, 2003. Present: All the Justices. Between 1924 and 1938, the original grantor created a subdivision and sold lots for construction of single-family homes. In 1932 the purchaser of one such lot also purchased […]

90 S.E.2d 839 GRADY J. PRENTICE, TRADING AS PRENTICE POULTRY PLANT v. CITY OF RICHMOND. 39824 Record No. 4457.Supreme Court of Virginia. January 16, 1956 Present, All the Justices. (1) Taxation — Manufacturing — Poultry Processing Does Not Constitute. (2) Taxation — State Administrative Ruling — Not Binding on City. (3) Taxation — Manufacturing — […]

141 S.E.2d 710 SHIRLEY MAE BIDDLE v. COMMONWEALTH OF VIRGINIA. 41684 Record No. 5933.Supreme Court of Virginia. April 26, 1965 Present, All the Justices. (1) Confessions — Failure to Advise of Right to Remain Silent — Confession Held Voluntarily Made. (2) Murder — Death of Infant from Lack of Feeding — Malice Not Proved. 1. […]

272 S.E.2d 181 WESLEY J. GREEN, PASTOR, ET AL. v. TIMOTHY LEWIS, ET AL. 44031 Record No. 781388.Supreme Court of Virginia. November 26, 1980 Present: All the Justices. Proprietary interest of supercongregational church in church property of local congregation cannot be eliminated by unilateral action of congregation; contractual rights of general church are determined by […]

384 S.E.2d 752 WANDA BROWN ELLIOTT v. SHORE STOP, INC., ET AL. 46071 Record No 871248Supreme Court of Virginia. September 22, 1989 Present: All the Justices Dismissal by a motion for judgment without leave to attend was improper where an employee brought an action in tort for fraud and deceit against her employer based on […]

499 S.E.2d 829 INDER CHAWLA, ET AL. v. BURGERBUSTERS, INC. Record No. 970941Supreme Court of Virginia. April 17, 1998 Present: Carrico, C.J., Compton, Lacy, Keenan, Koontz, and Kinser, JJ., and Stephenson, Senior Justice The trial court in a lease dispute erred in denying the defendant landlords a right to recover fees to the extent that […]

294 S.E.2d 811 VIRGINIA ELECTRIC AND POWER COMPANY v. SAVOY CONSTRUCTION COMPANY, INC., 44353 Record No. 800565.Supreme Court of Virginia. September 9, 1982. Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, and Stephenson, JJ., and Harrison, Retired Justice. Early compliance required by general contractor in plugging and sealing electrical conduits under section 13-33 of the 1971 […]

654 S.E.2d 926 HARLAN ANTHONY PHELPS, S/K/A HARLAN ANTHONY PHELPS, II v. COMMONWEALTH OF VIRGINIA. Record No. 070399.Supreme Court of Virginia. January 11, 2008. Present: All the Justices. A police officer used his emergency lights to signal defendant to pull off of a roadway for a traffic infraction. Defendant did not stop, and the officer […]