The State Corporation Commission correctly declared “that a pumped storage hydroelectric facility (or ‘pumped storage’) generates ‘renewable energy’ under the former definition in Code § 56-576, and that the amended definition (now excluding pumped storage from that definition) would not ...

Tagged with: Justice Teresa M. Chafin Supreme Court of Virginia Utilities

Where appellant wife served process of her divorce action on husband by publication, the circuit court correctly vacated a portion of the divorce decree ordering him to pay child support. The court never acquired personal jurisdiction over him. Overview The ...

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

Where appellants claimed they were injured by exposure to radio frequency emissions from a smart meter that Virginia Electric and Power Co. installed on their home, federal conflict preemption bars the claims. The Federal Communications Commission governs RF emissions. Appellants’ ...

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

Supreme Court Justice William C. Mims has notified the governor and legislative leaders that he will not seek reelection to the court next year when his term comes to an end on March 31. By letter this morning, the justice ...

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

The trial court incorrectly granted defendants’ motion to strike plaintiff’s malicious prosecution claim after weighing the evidence and making findings of fact without viewing the evidence in a light favorable to plaintiff. Overview Appellant Dill was mistakenly identified as a ...

Tagged with: Justice S. Bernard Goodwyn Personal Injury Supreme Court of Virginia

Where appellant defended a robbery charge on the basis that he was attempting to recover money stolen from him, the circuit court correctly refused to instruct the jury on a claim-of-right defense because appellant acquired the money by selling drugs. ...

Tagged with: Criminal Justice Teresa M. Chafin Supreme Court of Virginia

Where the parties disputed who was driving a tractor-trailer that left the road and crashed, killing both occupants, the trial court correctly excluded experts’ identity evidence and certain medical evidence about one of the occupants. The court also correctly refused ...

Tagged with: Justice LeRoy F. Millette Jr. Personal Injury Supreme Court of Virginia

Where petitioner expressed satisfaction with counsel’s performance, pleaded “not guilty” and was convicted of marijuana and weapons offenses, the circuit court properly denied his habeas corpus petition based on ineffective assistance of counsel without holding an evidentiary hearing. Before trial ...

Tagged with: Habeas Corpus Supreme Court of Virginia

“In this case, we awarded Endalkachew Merid an appeal from the judgment of the Court of Appeals, which affirmed his convictions for first degree murder and abduction by force. See Merid v. Commonwealth, 72 Va. App. 104, 119 (2020). “We ...

Tagged with: Criminal Supreme Court of Virginia

Where a landlord obtained judgments for unpaid rent and sued the tenants and others for fraudulent and voluntary conveyances, the trial court’s rulings that defendants were jointly and severally liable for the unpaid rent, attorneys’ fees and sanctions are vacated. ...

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