720 S.E.2d 138 (2012)283 Va. 1 BLUE RIDGE ENVIRONMENTAL DEFENSE LEAGUE, INC., et al. v. COMMONWEALTH of Virginia, ex rel. VIRGINIA STATE WATER CONTROL BOARD, et al. Record No. 101476.Supreme Court of Virginia. January 13, 2012. Summary In an appeal from a circuit court ruling setting aside a portion of the State Water Control Board’s […]
Category: Virginia Supreme Court Opinions
DYKES v. FRIENDS OF THE C.C.C. ROAD, 720 S.E.2d 537 (2012)
720 S.E.2d 537 (2012)283 Va. 306 David S. DYKES, et al. v. FRIENDS OF THE C.C.C. ROAD. Record No. 101630.Supreme Court of Virginia. January 13, 2012. Summary In a suit for an injunction to bar owners of real property from interfering with use of a road over their property, which the plaintiffs contended was a […]
EBERHARDT v. FAIRFAX COUNTY EMPLOYEES’ RETIREMENT SYSTEM BOARD OF TRUSTEES (Va. 1/13/2012)
LINDA A. EBERHARDT, v. FAIRFAX COUNTY EMPLOYEES’ RETIREMENT SYSTEM BOARD OF TRUSTEES. Record No. 101761.Supreme Court of Virginia. January 13, 2012. Summary In a circuit court proceeding seeking review of the denial of service-connected disability retirement benefits by a county, ostensibly pursued under Code § 51.1-823, the court lacked subject-matter jurisdiction to hear the appeal […]
SINCLAIR v. NEW CINGULAR WIRELESS PCS, LLC, 727 S.E.2d 40 (2012)
727 S.E.2d 40 (2012)283 Va. 567 Kent SINCLAIR v. NEW CINGULAR WIRELESS PCS, LLC, et al. Record No. 101831.Supreme Court of Virginia. January 13, 2012.[*] Summary In a challenge to Albemarle County Code § 18-4.2.5, the circuit court correctly determined that waivers permitting construction on certain slopes within the county are not variances within the […]
NORTHERN VIRGINIA REAL ESTATE, INC. v. MARTINS (1/13/2012)
NORTHERN VIRGINIA REAL ESTATE, INC., ET AL., v. KAREN MARTINS, ET AL. FORREST WALPOLE, v. KAREN MARTINS, ET AL. Record Nos. 101836, 101844Supreme Court of Virginia. January 13, 2012. Summary In sanction proceedings following nonsuit – after a three-day presentation of plaintiff’s evidence on claims for contract expectancy, conspiracy and defamation arising from a real […]
WEEDON v. WEEDON, 720 S.E.2d 552 (2012)
720 S.E.2d 552 (2012)283 Va. 241 Mary Ann WEEDON, individually and as executor of the Estate of Dorothy Rose Weedon v. Larry S. WEEDON, et al. Record No. 101901.Supreme Court of Virginia. January 13, 2012. Summary In a suit by four adult children of a decedent, challenging a will which made a fifth sibling the […]
REDIFER v. CHESTER, 720 S.E.2d 66 (2012)
720 S.E.2d 66 (2012)283 Va. 121 Barry Wyatt REDIFER v. Francis CHESTER, et al. Record No. 101902.Supreme Court of Virginia. January 13, 2012. Summary In an employee’s suit for personal injuries against an employer which had failed to insure payment of workers’ compensation benefits as required by Code § 65.2-800, the circuit court did not […]
MARETTA v. HILLMAN, 722 S.E.2d 32 (2012)
722 S.E.2d 32 (2012)283 Va. 34 Judy A. MARETTA v. Jacqueline HILLMAN. Record No. 102042.Supreme Court of Virginia. January 13, 2012. Summary In an action by a decedent’s widow seeking recovery of death benefits paid to his ex-wife as the named beneficiary of a Federal Employees’ Group Life Insurance policy, federal law preempts Code § […]
COLLINS v. COMMONWEALTH, 720 S.E.2d 530 (2012)
720 S.E.2d 530 (2012)283 Va. 263 Clifton L. COLLINS v. COMMONWEALTH of Virginia. Record No. 110067.Supreme Court of Virginia. January 13, 2012. Summary In the prosecution of a North Carolina bail bondsman, who was not licensed as such in Virginia, for attempted abduction under Code §§ 18.2-26 and 18.2-47 and use of a firearm in […]
DeMILLE v. COMMONWEALTH, 720 S.E.2d 69 (2012)
720 S.E.2d 69 (2012)283 Va. 316 Steven DeMILLE v. COMMONWEALTH of Virginia. Record No. 110100.Supreme Court of Virginia. January 13, 2012. Summary In a proceeding under the Civil Commitment of Sexually Violent Predators Act (“SVPA”), Code §§ 37.2-900 et seq., the determination that the respondent is likely to engage in sexually violent acts in the […]
BRANHAM v. COMMONWEALTH, 720 S.E.2d 74 (2012)
720 S.E.2d 74 (2012)283 Va. 273 Curtis Wayne BRANHAM v. COMMONWEALTH of Virginia. Record No. 110263.Supreme Court of Virginia. January 13, 2012. Summary In the review of two death sentences imposed by a jury in a remanded sentencing proceeding after a prior appeal upheld two capital murder convictions as well as convictions for rape, grand […]
STEVENS v. COMMONWEALTH, 720 S.E.2d 80 (2012)
720 S.E.2d 80 (2012)283 Va. 296 Roger Lee STEVENS, s/k/a Roger Lee Stephens. v. COMMONWEALTH of Virginia. Record No. 110402.Supreme Court of Virginia. January 13, 2012. Summary The Court of Appeals of Virginia did not err in affirming the trial court’s denial of a defendant’s motion to suppress a statement made to police during a […]
LAHEY v. JOHNSON, 720 S.E.2d 534 (2012)
720 S.E.2d 534 (2012)283 Va. 225 Mark F. LAHEY v. Gene M. JOHNSON, Director. Record No. 110552.Supreme Court of Virginia. January 13, 2012. Summary In ruling on a motion to dismiss a petition for writ of habeas corpus which was submitted on the final day of the statute of limitations with an insufficient filing fee, […]
HAAS v. COMMONWEALTH, 721 S.E.2d 479 (2012)
721 S.E.2d 479 (2012)283 Va. 284 Michael HAAS v. COMMONWEALTH of Virginia. Record No. 110599.Supreme Court of Virginia. January 13, 2012 Summary In considering a petition for a writ of actual innocence based on non-biological evidence under Code § 19.2-327.10, the Court of Appeals did not abuse its discretion by making evidentiary findings or by […]
PRIETO v. COMMONWEALTH, 721 S.E.2d 484 (2012)
721 S.E.2d 484 (2012)283 Va. 149 Alfredo Rolando PRIETO v. COMMONWEALTH of Virginia. Record No. 110632.Supreme Court of Virginia. January 13, 2012. Summary In the review of two death sentences imposed by a jury in a remanded sentencing proceeding after a prior appeal upheld two capital murder convictions as well as convictions for rape, grand […]
COMMONWEALTH v. QUARLES, 720 S.E.2d 84 (2012)
720 S.E.2d 84 (2012)283 Va. 214 COMMONWEALTH of Virginia v. Jerrod Tyree QUARLES. Record No. 110775.Supreme Court of Virginia. January 13, 2012. Summary In a prosecution for robbery and conspiracy to commit robbery in violation of Code §§ 18.2-22 and 18.2-58, considering the content and context of a statement made by a detective in the […]
COMMONWEALTH v. DUSE, No. 180173 (2/12/2018)
Commonwealth of Virginia, Appellant, v. Bernard Clark Duse, Jr., Appellee. Record No. 180173.Supreme Court of Virginia. February 12, 2018. Summary: In the Commonwealth’s appeal from a decision of the Court of Appeals upholding a circuit court ruling allowing bail in a first degree murder prosecution, the judgment is reversed and the bail order is vacated. […]
HUFF v. WINSTON, 790 S.E.2d 226 (2016)
790 S.E.2d 226 (2016) Pamela Ennis HUFF v. Michael G. WINSTON, Sheriff, In His Official Capacity. Record No. 151688.Supreme Court of Virginia. September 8, 2016.Appeal from the Circuit Court of Roanoke County, David B. Carson, Judge. Robert Michael Doherty, Roanoke, (William M. Braxton; Thomas E. Strelka; Linda Leigh R. Strelka; Braxton & Doherty; Strelka Law […]
ALLISON v. BROWN, Record No. 160314 (7/27/2017)
Record No. 160314. DAVID W. ALLISON, ET AL. v. DEBORAH BROWN. Supreme Court of Virginia. July 27, 2017. Counsel: GARLAND BONIFANT NAGY (ESQ.), BENJAMIN MICHAEL WENGERD (ESQ.), TRACIE MARIE DORFMAN (ESQ.), RICHARD LINCOLN NAGLE (ESQ.), MICHAEL EDWARD OLSZEWSKI (ESQ.), for Appellant, DAVID W. ALLISON, DAVID W. ALLISON, P.C. EDWARD LAURENCE WEINER (ESQ.), SCOTT MICHAEL PERRY (ESQ.), MIKHAEL DAVID CHARNOFF (ESQ.), for […]
PAYNE v. COMMONWEALTH, No. 151524 (Va. 12/29/2016) [SLIP COPY]
DEANTE LAMAR PAYNE, v. COMMONWEALTH OF VIRGINIA. Record No. 151524.Supreme Court of Virginia. December 29, 2016.AARON BALLA HOUCHENS, (ESQ.), FRANK KENNETH FRIEDMAN, (ESQ.), ERIN BOYD ASHWELL, (ESQ.), for Appellant, DEANTE LAMAR PAYNE. VIRGINIA BIDWELL THEISEN, (ESQ.), MARK RANKIN HERRING, (ESQ.), for Appellee, COMMONWEALTH OF VIRGINIA. Appeal from the Court of Appeals of Virginia. PRESENT: Lemons, […]