Category: Virginia Supreme Court Opinions

651 S.E.2d 648 JUDICIAL INQUIRY AND REVIEW COMMISSION OF VIRGINIA v. JAMES MICHAEL SHULL, JUDGE OF THE THIRTIETH JUDICIAL DISTRICT. Record No. 071014.Supreme Court of Virginia. November 2, 2007. Present: Hassell, C.J., Keenan, Koontz, Lemons, and Agee, JJ., and Carrico and Stephenson, S.JJ. The Judicial Inquiry and Review Commission suspended a judge from the exercise […]

78 S.E.2d 691 STERLING INSURANCE COMPANY v. COMMONWEALTH OF VIRGINIA. GEORGE D. COFFEY, JR. v. COMMONWEALTH OF VIRGINIA. 39419 Record Nos. 4097, 4099.Supreme Court of Virginia. November 30, 1953. Present, All the Justices. (1) Insurance — Proceedings to Revoke License of Company and Agent — Clear Proof Required. (2) Insurance — “Twisting” Defined. (3) Insurance […]

32 S.E.2d 657 MADELINE M. COLLINS v. DENNY LEE COLLINS. 38271 Record No. 2852.Supreme Court of Virginia. January 15, 1945. Present, All the Justices. 1. DIVORCE — Custody of Child — Welfare of Child — Basis for Change. — Ordinarily, a change in the custody of a child of tender years should be based on […]

538 S.E.2d 677 JOSEPH D. MORRISSEY v. VIRGINIA STATE BAR, EX REL. THIRD DISTRICT COMMITTEE. Record No. 001139.Supreme Court of Virginia. November 3, 2000. A circuit court consisting of three judges appointed pursuant to Code § 54.1-3935 found defendant, a member of the Virginia State Bar, guilty of one violation of Disciplinary Rule 7-105 (A) […]

16 S.E.2d 366 G. W. BRYAN, TRUSTEE, ETC. v. PEARL D. JACKSON, ET ALS. 37842 Record No. 2383.Supreme Court of Virginia. September 10, 1941. Present, Campbell, C. J., and Holt, Hudgins, Gregory, Browning and Spratley, JJ. 1. FRAUDULENT AND VOLUNTARY CONVEYANCES — Husband and Wife — Conveyance to Wife within Four Months of Bankruptcy — […]

265 S.E.2d 685 HERBERT BROS., INC. v. THE MCCARTHY COMPANY OF VIRGINIA-MARYLAND, ET AL. 43937 Record No. 780345.Supreme Court of Virginia. April 18, 1980. Present: All the Justices. Objection for failure to file affidavit under Code Sec. 43-22 waived where not timely made under Rule 1:10; objection cured by complainant’s filing of affidavit before Circuit […]

121 S.E.2d 482 JOHN SCOTT CARTER, ET AL., ETC. v. WILLIS SCOTT CARTER, INDIVIDUALLY AND AS ADMINISTRATRIX, ETC. 41248 Record No. 5277.Supreme Court of Virginia. September 8, 1961 Present, All the Justices. Insurance — Wife Excluded as Beneficiary — Beneficiary Clause Enforced Despite Great Increase in Coverage. John S. Carter, a plant manager for American […]

26 S.E.2d 89 ISAAC WILLIAMS v. ERNEST L. GREENE, ADMINISTRATOR OF THE ESTATE OF GEORGIA A. GREENE, DECEASED and ERNEST L. GREENE, ADMINISTRATOR OF THE ESTATE OF GEORGIA A. GREENE, DECEASED v. NORFOLK SOUTHERN BUS CORPORATION. Supreme Court of Virginia. Wytheville Record No. 2674 and Record No. 2675. June 14, 1943. Present, All the Justices. […]

184 S.E.2d 808 FRANKLIN SCOTT NEWTON v. COMMONWEALTH OF VIRGINIA. 42593 Record Nos. 7740 and 7741.Supreme Court of Virginia. November 29, 1971 Present, All the Justices. Rape — Incest — Penetration. Since penetration, an essential element of rape and incest, was not established, convictions reversed and remanded. Error to a judgment of the Circuit Court […]

335 S.E.2d 259 CITY OF RICHMOND v. VERNELL G. BRAXTON 44853 Record No. 841712Supreme Court of Virginia. October 11, 1985 Present: All the Justices A Workers’ Compensation award is reversed and the claim dismissed in a case in which the court found that a sexual assault by a supervisor of the claimant employee was not […]

611 S.E.2d 537 JOHN ALLEN MUHAMMAD v. COMMONWEALTH OF VIRGINIA. Record Nos. 041050 and 041051.Supreme Court of Virginia. April 22, 2005. Present: All the Justices Defendant and another individual carried out a series of sixteen sniper-style shootings over a 47-day period in 2002 in Virginia and other states resulting in 10 deaths and several woundings. […]

315 S.E.2d 829 JOAN S. MAHAN, ET AL., ETC. v. NATIONAL CONSERVATIVE POLITICAL ACTION COMMITTEE 44641 Record No. 811386.Supreme Court of Virginia. April 27, 1984. Present: Carrico, C.J., Cochran, Compton, Stephenson, Russell, and Thomas JJ., and Gordon, Retired Justice. Code Sec. 24.1-23(8) is unconstitutional as applied to deny central voters’ roster to non-profit entity organized […]

117 S.E.2d 114 MARSHALL F. RAGSDALE v. LELIA JONES. 41160 Record No. 5154.Supreme Court of Virginia. November 28, 1960 Present, All the Justices. (1) Instructions — Error Not Raised Below — Not Considered on Appeal. (2) Automobiles — City Street Divided into Marked Lanes — Code, 1958 Replacement Volume, Section 46.1-206 Applicable. (3) Instructions — […]

157 S.E.2d 243 RONALD DAVID ELKINS v. COMMONWEALTH OF VIRGINIA. 42007 Record No. 6660.Supreme Court of Virginia. October 9, 1967 Present, Eggleston, C.J., Buchanan, Snead, I’Anson, Carrico and Gordon, JJ. Criminal Procedure — Raising Question of Insanity — Trial Court’s Discretion. Trial Court had and properly exercised discretion under Code Sec. 19.1-228 to decide whether […]

321 S.E.2d 284 JOHN ROBERT BALLARD v. COMMONWEALTH OF VIRGINIA 44700 Record No. 831519.Supreme Court of Virginia. October 12, 1984. Present: All the Justices. Code Sec. 16.1-272, requiring Court sentencing of convicted juvenile does not deny juvenile equal protection and is constitutional. (1) Constitutional Law — Fundamental Right — Defined. (2) Criminal Procedure — Constitutional […]

210 S.E.2d 151 ATLANTIC RICHFIELD COMPANY v. D. W. BEASLEY. 43126 Record No. 730937.Supreme Court of Virginia. December 2, 1974 Present, All the Justices. (1) Landlord and Tenant — Quiet Possession — Waiver of Breach. (2) Landlord and Tenant — Continuing Breach — Reasonable Time Before Waiver — Jury Question. 1. Admitting a breach of […]

39 S.E.2d 240 MARY F. FENTRESS, ET ALS. v. S. HENRY PRUDEN. 38482 Record No. 3075.Supreme Court of Virginia. September 11, 1946. Present, All the Justices. 1. JURISDICTION — Amount in Controversy — Right of Plaintiff to Release Part of Claim. — The general rule is that in civil actions the amount demanded by the […]