Proffered testimony from an eyewitness expert was properly excluded because in one instance, the issue of eyewitness confidence was within the jurors’ common experience, and in another instance, the expert discussed the concept of unconscious transference but stated this did ...

Tagged with: Criminal Justice William C. Mims Supreme Court of Virginia

Where appellant was convicted of destroying property worth $1,000 or more in violation of Code § 18.2-137, the prosecution met its burden to show that the fair market replacement value of the property exceeded the statutory requirement. Facts Appellant Spratley ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

Where the court instructed the jury that it could convict defendant of forcible sodomy and aggravated sexual battery if it found either that he overcame the victim’s will by force or because of her physical or mental capacity, there was ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where a woman sitting in a car was struck and killed by one of four shots appellant fired down a city street without justification, the necessary malice to sustain a second-degree murder conviction is implied by appellant’s actions. “The concept ...

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

Where appellant and her probation officer agreed to extend her probation indefinitely to let her complete a substance abuse rehab program, and the circuit court so ordered, she cannot attack the order as being void ab initio and thus negating ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia

Where the decedent died in a house fire, sovereign immunity bars a suit against the city for maintaining a defective fire hydrant. The essence of the estate’s claim is that city firefighters did not extinguish the fire quickly enough to ...

Tagged with: Civil Practice Justice William C. Mims Supreme Court of Virginia

Where the trial court dismissed appellant’s original contract suit after giving the parties the opportunity to sue in Maryland under a forum selection clause and one party did so, the trial court correctly ruled that appellant could not refile the ...

Tagged with: Civil Practice Order Supreme Court of Virginia

George Mason University Foundation, a private, nonprofit corporation that raises funds and manages donations to George Mason University, is not subject to the Virginia Freedom of Information Act. Overview Appellant, Transparent GMU, filed a VFOIA request with GMU and the ...

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

Where appellant was convicted of driving after forfeiture of her license, third offense in 10 years, the Court of Appeals correctly concluded that there was sufficient evidence that she knew her license was revoked on the date of the offense. ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where a durable power of attorney authorized a mother to sell and convey her son’s personal and real property, this did not include the power to make gifts. The circuit court erred by ruling that the mother validly gifted most ...

Tagged with: Civil Practice Justice S. Bernard Goodwyn Supreme Court of Virginia