Home / Uncategorized (page 29)

Uncategorized

Feed Subscription

REILLY v. SHEPHERD

In a malicious prosecution action against a police officer who investigated an armed robbery, and caused plaintiff to be arrested, the circuit court erred in denying the defendant?s motion to strike the plaintiff?s evidence. While the victim was ultimately unable to identify plaintiff as the perpetrator of the crime, and the case was dismissed by nolle prosequi, the evidence was insufficient, as a matter of law, to warrant submission of the issue of the lack of probable cause to the jury. The judgment of the circuit court is reversed and final judgment is entered in favor of the defendant.

Read More »

JORDAN v. COMMONWEALTH

Because the evidence was insufficient to sustain an accused's convictions of possession with the intent to distribute a Schedule I controlled substance in violation of Code § 18.2-248 and felonious obstruction of justice in violation of Code § 18.2-460(C), the judgment of the Court of Appeals of Virginia is reversed and the indictments are dismissed.

Read More »

ISBELL v. COMMERCIAL INVESTMENT ASSOCIATES

The circuit court correctly dismissed a tenant's personal injury suit against a landlord for failure to maintain the premises in a safe condition. The comprehensive scheme of landlord and tenant contractual rights and remedies in the Residential Landlord and Tenant Act does not create a statutory personal injury cause of action for a tenant since the General Assembly did not plainly manifest an intention therein to abrogate the common law rule that a landlord is not liable in tort for a tenant?s personal injuries caused by the landlord?s failure to repair premises under the tenant?s control and possession. The judgment of the circuit court is affirmed.

Read More »

SEYMOUR v. CITY OF ALEXANDRIA

In litigation concerning a municipality's consideration of a re-subdivision application involving a residential neighborhood lot, the trial court correctly ruled that the controlling ordinance provision did not permit the municipality to consider improvements intended for the affected property, but erred in affirming the municipality's disapproval of the application. The trial court's judgment is affirmed in part and reversed in part, and the case is remanded for entry of an appropriate order.

Read More »

COMMONWEALTH v. MILLER

In a proceeding under the Sexually Violent Predators Act, Code §§ 37.2-900 et seq., the circuit court erred in permitting testimony from a particular expert witness for the prisoner, who was qualified in the diagnosis and assessment of sex offenders, but was not shown to be skilled in the treatment of such individuals, as plainly required by the Act. The court further erred in concluding that the Commonwealth failed to prove by clear and convincing evidence that the respondent is a sexually violent predator as defined by the Act. The judgment is reversed, final judgment is entered in favor of the Commonwealth, and the case is remanded for further proceedings under the Act.

Read More »

REIFMAN v. GORSEN (ORDER)

There is no reversible error in the judgment of the Circuit Court in a medical malpractice action in which plaintiff's counsel did not move the court to admit a particular exhibit until after the evidence was closed, the parties had rested, an alternate juror had been excused, the court had instructed the jury, and the jury had retired to consider its verdict. Even if the exhibit might properly have been admitted into evidence, the trial court was given no timely opportunity to do so. A motion to admit evidence after the evidence has been closed comes too late. The judgment is affirmed.

Read More »

ALEXANDRIA CITY COUNCIL v. MIRANT POTOMAC RIVER

The circuit court did not err in declaring an amendment to a city's zoning ordinance invalid and reinstating two auxiliary special use permits issued to a power company that operates a coal-burning electricity generating plant. The amendment violated Code § 15.2-2307 because it impaired an established vested right to operate the plant, and the revocation of the two auxiliary special use permits pursuant to the amendment was unlawful. The judgment of the circuit court is affirmed.

Read More »

IN RE: MOSELEY

A circuit court had jurisdiction to revoke an attorney's privilege to practice before it, and courts are not required to list with specificity the factual basis for issuing a rule to show cause why such privilege should not be revoked. Thus, an attorney's contrary arguments are deemed meritless, and where the record shows that the attorney received adequate notice of the conduct that the circuit court would consider in deciding whether to revoke his privilege to practice before that court, no error is found in the judgment revoking such privilege. The judgment is affirmed.

Read More »

COMMONWEALTH v. RAMSDELL

Trial court?s judgment granting the motion to suppress evidence obtained during the search of appellee?s car is affirmed and the case is remanded to the trial court

Read More »

WASHINGTON v. COMMONWEALTH

Defendant's conviction for obstruction of justice in violation of Code § 18.2-460(C) is reversed because the Commonwealth failed to prove that, at the time of the defendant's acts, the law enforcement officer to whom the acts were directed was discharging duties related to a violation of or conspiracy to violate one of the various felony offenses listed in the statute. The judgment of the Court of Appeals of Virginia is reversed and the indictment is dismissed.

Read More »

FITZGERALD v. COMMONWEALTH

In a prosecution for taking of indecent liberties with a minor by a person in a custodial or supervisory relationship, and charges of object sexual penetration, the trial court did not err in permitting a licensed professional counselor to testify as an expert witness that the alleged victim suffered from post-traumatic stress disorder. The Court of Appeals' judgment ruling that the trial court did not abuse its discretion in permitting the witness to testify is affirmed.

Read More »

BALDWIN v. MCCONNELL

In an assault and battery case, the trial court abused its discretion in ordering remittitur of a jury award of compensatory and punitive damages when, taking the evidence in the light most favorable to plaintiff, the jury's award of compensatory damages was not excessive as a matter of law, and an independent review of the $100,000 punitive damages award shows that it is not shocking to the conscience or otherwise inappropriate in light of defendant's egregious conduct, and hence was not excessive as a matter of law. The judgment is reversed and final judgment is entered for plaintiff.

Read More »

PETROSINELLI v. PETA

In protracted civil litigation, the trial court abused its discretion in adjudging a foreign attorney to be in civil contempt under Code § 18.2-456 and imposing monetary sanctions against him based on his issuance of a subpoena to an out-of-state witness in alleged violation of prior court discovery orders. The orders contained no language specifically prohibiting issuance of the subject subpoena; thus its issuance could not be an act of contempt as a matter of law. The judgment of the trial court is reversed, the sanctions award based thereon is vacated, and final judgment is entered in the foreign attorney's favor.

Read More »

CHRISTINE HENLEY v. GERMAINE MCGIRT

Judgment of the trial court is affirmed as the trial court never heard the parties on the questions presented on appeal, and appellant failed to rebut the presumptive verity of the trial court?s order

Read More »

TAYLOR v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of distribution of cocaine; appellant?s conviction is affirmed

Read More »

JANET MILLER-JENKINS v. LISA MILLER-JENKINS

Trial court erred in ruling that a Vermont order concerning child custody and visitation between the parties could not be registered in Virginia; trial court?s March 1, 2006 order is vacated and the case is remanded to the trial court with instruction to enter an order allowing appellant to register the Vermont order in Virginia

Read More »

BLANTON v. COMMONWEALTH

Trial court did not err in refusing to grant appellant?s proposed jury Instructions 13, 14, and 15 on circumstantial evidence; trial court did err in denying appellant?s Batson motion based on gender with regard to the Commonwealth?s five peremptory strikes; judgment is affirmed, in part, reversed, in part, and case remanded

Read More »

LPT INC v. VOLTAGGIO

Commission did not err in determining that claimant?s efforts were legally sufficient to constitute a cure of his unjustified refusal of selective employment; decision of the commission is affirmed

Read More »

DONNA BLANTON v. COMMONWEALTH

Trial court did not err in refusing to grant appellant?s proposed jury Instructions 13, 14, and 15 on circumstantial evidence; trial court did err in denying appellant?s Batson motion based on gender with regard to the Commonwealth?s five peremptory strikes; judgment is affirmed, in part, reversed, in part, and case remanded

Read More »

COLLEGIATE FUNDING SERVICES v. CONWAY

Commission did not err in awarding benefits to appellee as there was credible evidence to support the commission?s finding that appellee?s disability was causally related to her compensable accident

Read More »

LARA v. COMMONWEALTH

As appellant failed to adequately preserve his arguments in the trial court, appellant?s convictions for criminal gang participation and malicious wounding are affirmed

Read More »

CALVIN JOJUAN BELL v. COMMONWEALTH

Trial court did not err in permitting a forensic scientist to refer to the certificate of analysis during his testimony to refresh his recollection, in admitting the certificate of analysis into evidence, or in allowing the forensic scientist to testify as an expert regarding his analysis; judgment of the trial court affirmed

Read More »

BELL v. COMMONWEALTH

Trial court did not err in permitting a forensic scientist to refer to the certificate of analysis during his testimony to refresh his recollection, in admitting the certificate of analysis into evidence, or in allowing the forensic scientist to testify as an expert regarding his analysis; judgment of the trial court affirmed

Read More »

BENNETT v. COMMONWEALTH

Trial court did not err in determining that a judge was competent to testify as to the matter he observed; evidence was sufficient to support appellant?s conviction of disorderly conduct

Read More »

HENLEY v. MCGIRT

Judgment of the trial court is affirmed as the trial court never heard the parties on the questions presented on appeal, and appellant failed to rebut the presumptive verity of the trial court?s order

Read More »

CHARLES BENNETT v. COMMONWEALTH

Trial court did not err in determining that a judge was competent to testify as to the matter he observed; evidence was sufficient to support appellant?s conviction of disorderly conduct

Read More »

MILLER-JENKINS v. MILLER-JENKINS

Trial court erred in ruling that a Vermont order concerning child custody and visitation between the parties could not be registered in Virginia; trial court?s March 1, 2006 order is vacated and the case is remanded to the trial court with instruction to enter an order allowing appellant to register the Vermont order in Virginia

Read More »

COMMONWEALTH v. WANDA ALICE BLEVINS

As appellee does not have standing to challenge the search of the vehicle, trial court?s judgment granting the motion to suppress is reversed and the case is remanded to the trial court

Read More »
Scroll To Top