A man’s conviction for carrying a concealed weapon while intoxicated has been reversed after the Supreme Court of Virginia found that the handgun in question, located in a zippered backpack on a car seat, was not “carried” under Virginia statute. ...

Tagged with: Criminal Justice Cleo E. Powell Supreme Court of Virginia

Where appellant was convicted of carrying a concealed handgun while intoxicated, the conviction is reversed. The holstered handgun was in a zippered bag on the passenger seat of the vehicle he was driving. Under the relevant statute, to convict, the ...

Tagged with: Criminal Justice Cleo E. Powell Supreme Court of Virginia

Where the trial court ruled that appellee was entitled to specific performance, requiring appellant real estate owners to convey 31 acres of property that was offered at auction, this was error because the auction is best understood as being an ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

Where appellant was molested by an employee of a community mental health services board, the circuit court incorrectly granted the board’s plea in bar after concluding that the board was entitled to sovereign immunity from appellant’s simple negligence claim. The ...

Tagged with: Civil Practice Justice Cleo E. Powell Supreme Court of Virginia

Where appellant failed to pay his court costs, the Court of Appeals correctly affirmed the circuit court’s revocation of his deferred disposition and his conviction for possessing heroin. Background After his arrest for possessing heroin, Smallwood made a plea agreement ...

Tagged with: Criminal Justice Cleo E. Powell Supreme Court of Virginia

Paramedics who failed to thoroughly read a man’s advance directive have immunity from the wrongful death suit filed by his sister, the Supreme Court of Virginia has ruled, upholding a decision from Smyth County. The trial court found the paramedics ...

Tagged with: Justice Cleo E. Powell Negligence Supreme Court of Virginia Wrongful Death

Although the circuit court concluded that paramedics who failed to thoroughly read the decedent’s advanced directives were “clearly negligent, and probably grossly negligent,” the court correctly concluded they were entitled to immunity from plaintiff’s wrongful death suit. This is the ...

Tagged with: Justice Cleo E. Powell Personal Injury Supreme Court of Virginia

We affirm the Court of Appeals’ determination that claimant was entitled to workers’ compensation benefits, even though the court used an incorrect analysis to reach its conclusion. The appeals court ruled that claimant’s injury occurred during a four-hour period, and ...

Tagged with: Justice Cleo E. Powell Supreme Court of Virginia Workers' Compensation

Where a truck driver was killed at a stone quarry when a machine malfunctioned, the circuit court incorrectly characterized the machine as “ordinary building material” and applied the five-year statute of repose, Code § 8.01-250, to dismiss the case as ...

Tagged with: Justice Cleo E. Powell Personal Injury Supreme Court of Virginia

The circuit court correctly upheld the Fairfax County Board of Supervisors’ amendment of the county’s zoning ordinance, and the imposition of a two percent lodging tax on short-term rentals of residential homes. Zoning amendments Appellants (hosts) are a group of ...

Tagged with: Justice Cleo E. Powell Supreme Court of Virginia Taxation