Category: Virginia Supreme Court Opinions

290 S.E.2d 859 LOUIS CHIPOURAS v. AJ L CORP., ET AL. 44315 Record No. 791731.Supreme Court of Virginia. April 30, 1982 Present: All the Justices Advice of counsel defense to malicious prosecution for larceny ineffective when counsel’s advice given before alleged theft and defendant-prosecutor failed to make reasonable investigation before swearing out warrant for plaintiff’s […]

323 S.E.2d 577 EARL WASHINGTON, JR. v. COMMONWEALTH OF VIRGINIA 44734 Record No. 840776.Supreme Court of Virginia. November 30, 1984. Present: All the Justices. Death penalty of defendant convicted of capital murder for premeditated killing subsequent to the commission of rape [Code Sec. 18.2-31(e)] sustained; numerous procedural, evidential, and constitutional issues. (1) Criminal Procedure — […]

59 S.E.2d 863 MARY DORCHINCOZ v. COMMONWEALTH OF VIRGINIA. 39002 Record No. 3687.Supreme Court of Virginia. June 19, 1950 Present, Hudgins, C.J., and Gregory, Eggleston, Spratley, Buchanan and Miller, JJ. (1) Arrest — In Criminal Cases — Purpose of Requirement That Copy of Process Be Left with Defendant. (2) Arrest — In Criminal Cases — […]

277 S.E.2d 175 SOUTHERN RAILWAY COMPANY, ET AL. v. FERNA DARNELL, ET AL. 44096 Record No. 790120.Supreme Court of Virginia. April 24, 1981 Present: All the Justices. Code Sec. 56-16 concerning construction of wagonways by railways, etc. extends to repairs of an entire bridge; obligation continues although chief purpose of use of bridge has changed; […]

561 S.E.2d 734 SUPER FRESH FOOD MARKETS OF VIRGINIA, INC., ET AL. v. RACQUEL RUFFIN. Record No. 011230.Supreme Court of Virginia. April 19, 2002. Plaintiff filed a motion for judgment against a supermarket chain store and two employees, alleging that she was falsely accused of shoplifting. At trial a jury awarded her compensatory and punitive […]

164 S.E.2d 674 GEORGE HUGH CAUDILL v. C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 42145 Record No. 6778.Supreme Court of Virginia. December 6, 1968 Present, Eggleston, C.J., Buchanan, Snead, Carrico, Gordon and Harrison, JJ. Criminal Procedure — Public Trial. Trial held in Judge’s chambers with door open and ready access to and from […]

314 S.E.2d 49 ROY B. FORBES v. JAMES B. KENLEY, M.D., ETC., ET AL. 44606 Record No. 812027.Supreme Court of Virginia. March 9, 1984. Present: All the Justices. Code 32.1-164.1 provides an adequate procedural remedy to appeal denials of septic tank permits and is available to a plaintiff whose cause of action was not time-barred […]

372 S.E.2d 751 BENDERSON DEVELOPMENT COMPANY, INC., ET AL. v. PAUL A. SCIORTINO, ETC. 45758 Record No. 850938Supreme Court of Virginia. September 23, 1988 Present: All the Justices The constitutionality of Virginia’s Sunday-closing laws is reviewed and final judgment entered upon a finding that these laws are unconstitutional special laws as applied to the plaintiffs […]

85 S.E.2d 223 THOMAS I. MARSHALL, ADMINISTRATOR OF THE ESTATE OF ADA B. MARSHALL STROTHERS, DECEASED v. PEGGY ANN SHAW. 39565 Record No. 4286.Supreme Court of Virginia. January 17, 1955 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Smith, JJ. (1) Evidence — Questions as to Alcohol on Breath — Erroneous Refusal to Permit […]

400 S.E.2d 151 TYSONS INTERNATIONAL LIMITED PARTNERSHIP, ET AL. v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY 46801 Record No. 900673Supreme Court of Virginia. January 11, 1991 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Lacy, JJ., and Cochran, Retired Justice The trial court erred in finding that the county assessor had properly considered contract rent […]

545 S.E.2d 541 ELBERT LAMONT McCAIN v. COMMONWEALTH OF VIRGINIA. Record No. 001989.Supreme Court of Virginia. April 20, 2001. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Lemons, JJ., and Whiting, S.J. Investigating individuals parked by a sidewalk at 2:00 a.m. in an area of known drug trafficking, an officer asked defendant for identification, conducted […]

164 S.E.2d 685 WILLIAM SINCLAIR CLARK v. KAY EUNICE GENERT CLARK. 42143 Record No. 6759.Supreme Court of Virginia. December 6, 1968 Present, All the Justices. (1) Pleading and Practice — Divorce — Chancellor’s Finding. (2) Divorce — Custody of Child — Fitness of Mother. 1. Chancellor’s finding upon evidence heard ore tenus should be accorded […]

495 S.E.2d 247 EDWIN W. LYNCH, JR. v. COMMONWEALTH TRANSPORTATION COMMISSIONER, ET AL. Record No. 970278Supreme Court of Virginia. January 9, 1998 Present: Carrico, C.J., Compton, Hassell, Keenan, Koontz, and Kinser, JJ., and Whiting, Senior Justice In a case involving a landowners liability to refund overpayment received in a condemnation case pursuant to a petition […]

213 S.E.2d 759 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TAXATION v. PROGRESSIVE COMMUNITY CLUB OF WASHINGTON COUNTY, VIRGINIA INCORPORATED. 43193 Record No. 740601.Supreme Court of Virginia. April 28, 1975 Present, All the Justices. (1) Constitutional Law — Tax Exemption — Strict Construction. (2) Sales tax — Exemption — Institution of Learning. (3) Statutory Construction — Administrative […]

356 S.E.2d 844 JAMES F. TYLER COMPANY ASSOCIATES, INC., ET AL. v. PAUL RAIBLE, JR. 45122 Record No. 840606Supreme Court of Virginia. June 12, 1987 Present; Carrico, C.J., Cochran,[*] Poff, Compton, Stephenson, Russell, and Thomas, JJ. [*] Justice Cochran participated in the hearing and decision of this case prior to the effective date of his […]

323 S.E.2d 567 BOBBY DEAN BRADSHAW v. COMMONWEALTH OF VIRGINIA 44730 Record No. 831554.Supreme Court of Virginia. November 30, 1984. Present: All the Justices. Defendants conviction of first-degree murder and the use of a firearm in the commission of two homicides sustained; confession admitted when spontaneously offered afte Miranda warning and request for counsel; when […]

300 S.E.2d 785 ROANOKE GAS COMPANY v. STATE CORPORATION COMMISSION 44459 Record No. 820485.Supreme Court of Virginia. March 11, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson,[*] Stephenson, and Russell, JJ. [*] Justice Thompson participated in the hearing and decision of this case prior to the effective date of his retirement on March 2, 1983. […]

156 S.E.2d 603 NORVIEW CARS, INC. v. GERALD CREWS. 41983 Record No. 6473.Supreme Court of Virginia. September 8, 1967 Present, All the Justices. Damages — Loss of Market Value — Not Cost to Repair. Parties stipulated liability, loss of market value and cost to repair which exceeded loss of market value substantially. In case of […]