Category: Virginia Supreme Court Opinions

109 S.E.2d 97 JAMES L. JENKINS v. ALVANIA WOMACK. 41001 Record No. 4964.Supreme Court of Virginia. June 22, 1959 Present, All the Justices. (1) Appeal and Error — Designation of Matter to Be Printed — Appellant’s Failure Cured by Appellee’s Designation. (2) Automobiles — Gross Negligence Not Proved by Passenger. (3) Automobiles — Gross Negligence […]

464 S.E.2d 131 MARK A. SHEPPARD v. COMMONWEALTH OF VIRGINIA 50447 Record Nos. 950760 and 950761Supreme Court of Virginia. Decided: November 3, 1995 Present: All the Justices In this appeal in a capital murder case, it is determined that the trial court committed no error and an independent review of the entire record reveals that […]

477 S.E.2d 501 JEFFREY C. TUOMALA, ET AL. v. REGENT UNIVERSITY Record No. 952286Supreme Court of Virginia. November 1, 1996 Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, and Koontz, JJ., and Whiting, Senior Justice Under the circumstances of this case, the trial court correctly held that an employers refusal to renew employment contracts under their […]

389 S.E.2d 476 GREAT AMERICAN INSURANCE COMPANY v. EGLENA F. CASSELL, ADMINISTRATRIX 46251 Record No. 890301Supreme Court of Virginia. March 2, 1990 Present: All the justices The trial court correctly held that when a firefighter was killed while making a fire report and standing near the fire truck on a city street, his death arose […]

524 S.E.2d 866 GAIL STEPP, ET AL. v. JAMES A. FOSTER, ET AL. Record No. 990404.Supreme Court of Virginia. January 14, 2000. Present: All the Justices. A developer marketed a 140-lot subdivision, and made reference to an adjoining parcel as the site of a future clubhouse, marina, dock, and other recreational facilities on a bay. […]

674 S.E.2d 854 VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY v. MAYNARD QUESENBERRY. Record No. 080976.Supreme Court of Virginia. April 17, 2009 Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Goodwyn, JJ., and Lacy, S.J. A business manager employed at a major state university was terminated after a disciplinary notice based on a discussion he apparently […]

269 S.E.2d 811 JOHN NATHAN CALDWELL v. COMMONWEALTH OF VIRGINIA 44003 Record No. 791457Supreme Court of Virginia. August 28, 1980 Present: Carrico, Harrison, Cochran, Poff, Compton, and Thompson, JJ., and Harman, S.J. Clerk’s reading of Code Sec. 53-291 with one “omission” to Jury, listing six serious but irrelevant crimes in addition to three of the […]

286 S.E.2d 221 UNITED VIRGINIA BANK/NATIONAL, ET AL. v. STEPHEN L. BEST, ET AL. 44259 Record No. 790777.Supreme Court of Virginia. January 22, 1982 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson, and Stephenson, JJ., and Harrison, Retired Justice. A lender is not required to show its security is impaired or the risk increased to invoke […]

166 S.E.2d 277 DOUGLAS PERRY LAWRENCE v. C. C. PEYTON, SUPERINTENDENT OF THE VIRGINIA STATE PENITENTIARY. 42177 Record No. 6779.Supreme Court of Virginia. March 10, 1969 Present, All the Justices. (1) Criminal Procedure — Indigent — Effective Representation — Illegal Search. (2) Criminal Procedure — Denial of Appeal. 1. Repeated offender raised numerous questions on […]

309 S.E.2d 337 CARROLL EUGENE TURNER, JR. v. COMMONWEALTH OF VIRGINIA 44571 Record No. 822215.Supreme Court of Virginia. Decided: December 2, 1983. Present: All the Justices. For conviction under Code Sec. 18.2-328 for conducting illegal gambling operation defendant must be in charge of operation; conviction of “bagman” under Code Sec. 18.2-328 reversed and remanded. (1) […]

559 S.E.2d 690 CECILA RENE LIDDLE v. JOHN REX PHIPPS. Record No. 010614.Supreme Court of Virginia. March 1, 2002. In a personal injury suit, defendant filed a discovery motion against the plaintiff for failure to respond to interrogatories in a timely fashion. The trial court granted the motion to compel, set response dates, and ordered […]

319 S.E.2d 763 CLARENCE JAMES LOMAX v. COMMONWEALTH OF VIRGINIA 44693 Record No. 831938.Supreme Court of Virginia. September 7, 1984. Present: All the Justices. Trial Court erred in refusing to grant the defendant’s motion for a continuance in manslaughter case where the Commonwealth failed to produce in sufficient time to defendant, relying on self-defense, a […]

28 S.E.2d 633 HOWARD A. HAGAMAN v. MILDRED H. VANACORE. 38160 Record No. 2734.Supreme Court of Virginia. January 24, 1944. Present, Campbell, C. J., and Hudgins, Gregory, Browning, Eggleston and Spratley, JJ. 1. AUTOMOBILES — Collision — Sufficiency of Evidence — Case at Bar. — In the instant case, an action arising out of a […]

175 S.E.2d 264 GORDON L. THAXTON, ET AL. v. COMMONWEALTH OF VIRGINIA, EX REL., ETC. 42359 Record No. 7202.Supreme Court of Virginia. June 15, 1970 Present, All the Justices. (1) Agent — Independent Contractor — Labels. (2) Corporation Commission — Finding of Fact. (3) Corporations — Doing Business. (4) Master and Servant — Definition. (5) […]

66 S.E.2d 605 JOHN WILL WHEELER v. COMMONWEALTH OF VIRGINIA. 39146 Record No. 3838.Supreme Court of Virginia. September 5, 1951 Present, Eggleston, Spratley, Buchanan, Miller, Smith and Whittle, JJ. (1) Autrefois Acquit and Convict — Act Involving Several Offenses — Illegal Sale of Whiskey and Illegal Possession. (2) Autrefois Acquit and Convict — Act Involving […]

96 S.E.2d 157 J. C. SNIDOW v. LLOYD WOODS. 39819 Record No. 4601.Supreme Court of Virginia. January 21, 1957 Present, Hudgins, C. J., and Eggleston, Spratley, Buchanan, Miller and Whittle, JJ. (1) Bills and Notes — Payment — Debtor Has Burden of Proving. (2) Bills and Notes — Payment to Agent — Agent Not Shown […]

7 S.E.2d 112 T. A. SHANDS v. A.D. SHANDS, COMMITTEE, ETC. 37639 Record No. 2239Supreme Court of Virginia. February 26, 1940 Present, All the Justices 1. INSANITY — Committee of Lunatic — Judgment of Sanity in Habeas Corpus Proceeding as Ground for Removal. — The judgment of a court of competent jurisdiction, pronounced in a […]

489 S.E.2d 687 DONNA FOSTER-ZAHID v. COMMONWEALTH OF VIRGINIA Record No. 962512Supreme Court of Virginia. September 12, 1997 Present: Carrico, C.J., Compton, Stephenson,[*] Lacy, Hassell, Keenan, and Koontz, JJ. [*] Justice Stephenson participated in the hearing and decision on this case prior to the effective date of his retirement on July 1, 1997. The Court […]

91 S.E.2d 400 J. L. READ, TRADING AS READ’S TRUCK LINE, AND RUPERT A. ADAMS v. CHESTER DANIEL, JR. AN INFANT, ETC. 39844 Record No. 4464.Supreme Court of Virginia. March 5, 1956 Present, All the Justices. (1) Negligence — Children — Presumed Incapable of. (2) Automobiles — Child Injured by Truck — Driver Held Negligent. […]