A defamation verdict for plaintiff is reversed because the complained-of statement expressed an opinion. The claim should not have been submitted to the jury. Overview Defendant Sroufe, the division superintendent for Patrick County Public Schools, removed plaintiff Waldron from her ...

Tagged with: Civil Practice Published Order Supreme Court of Virginia

The Virginia Supreme Court agrees with a three-judge panel’s memorandum order, which determined that respondent-appellant violated Rule 3.3(a)(1) of the Rules of Professional Conduct and that an admonition is the appropriate sanction. In its order, the panel “unanimously found under ...

Tagged with: Attorneys Published Order Supreme Court of Virginia

An insurer is not liable for a truck driver’s injuries caused by a tire that exploded while the insured party was repairing it because insurance policy unambiguously excluded claims arising from the maintenance of any “auto.” Overview Smith, a truck ...

Tagged with: Contract Published Order Supreme Court of Virginia

Defendant’s arson conviction is affirmed despite his argument that admission of a witness’s written report to a fire marshal was inadmissible hearsay. Any error was harmless in light of the other evidence presented at trial. Background Vaught, a Marine stationed ...

Tagged with: Criminal Published Order Supreme Court of Virginia

The circuit court erred by allowing an assault victim to present evidence that as a result of an altercation with his attackers, he was arrested, had to post bail, hire an attorney to defend him on the resulting charges and ...

Tagged with: Personal Injury Published Order Supreme Court of Virginia

The Court of Appeals correctly determined there was sufficient evidence to find that defendant, a convicted felon, violated Code § 18.2-308.2(A) by constructively possessing shotgun shells found in his pickup truck. Overview Police officers searched appellant Hodnett’s residence and found ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where plaintiff challenges a verdict for the defense in this medical malpractice case on the basis that the court should have excused two venire members for cause, the verdict is upheld because both venire members ultimately harbored no bias and ...

Tagged with: Civil Practice Published Order Supreme Court of Virginia

Where the proceedings for defendant’s plea-based convictions of new crimes and his probation revocation had separate record numbers, his failure to list both numbers in his joint appeal was not a jurisdictional defect that justified dismissing the non-listed case. Background ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where the juvenile and domestic relations court denied appellant’s request to modify a child support order and he appealed to the circuit court but later withdrew it, the JDR court did not lose jurisdiction to modify the support order. Even ...

Tagged with: Domestic Relations Published Order Supreme Court of Virginia

The statute of limitations governing habeas corpus petitions does not violate the Virginia Constitution’s Suspension Clause. Background Petitioner Brown seeks habeas relief from his 1970 murder conviction and the resulting life sentence. In 2016, Brown filed his habeas petition along ...

Tagged with: Criminal Published Order Supreme Court of Virginia