Where appellant claimed that deeds of sale her mother executed gave a 100 percent interest in the conveyed property to appellant, a 2015 final decree that voided the deeds precludes further litigation. We affirm the circuit court’s ruling that appellant ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia Wills & Trusts

The Court of Appeals correctly affirmed appellant’s conviction under the hit and run statute after determining there was sufficient evidence to show that he failed to satisfy either of the two post-accident reporting requirements. However, the Court of Appeals should ...

Tagged with: Criminal Justice D. Arthur Kelsey Justice Stephen R. McCullough Justice William C. Mims Supreme Court of Virginia

Where petitioner seeks habeas corpus relief on the basis that the commonwealth violated the Brady rule by withholding impeachment evidence, petitioner has not conclusively established that counsel never received the evidence. The circuit court correctly determined there was no Brady ...

Tagged with: Criminal Order Supreme Court of Virginia

Where a hit and run victim later died from his injuries, the felony hit and run can serve as the predicate offense for a felony homicide conviction. Appellant, the hit and run driver, was properly convicted of both charges because ...

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

Where plaintiff’s experts testified that had defendant doctors promptly diagnosed and treated the pregnant decedent’s infection she might not have died, this evidence was sufficient to survive defendants’ motion to strike at trial. The trial court erred by granting the ...

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

Where appellant made a stolen check payable to herself, forged the check owner’s signature, used her own driver’s license as identification but left the bank before completing the transaction, she was properly charged with attempted identity theft. Identifying information “Code ...

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

Where police found a bag of heroin on top of a bag of marijuana in the console of the car appellant was driving, there was sufficient evidence for a factfinder to determine that appellant had dominion and control over the ...

Tagged with: Criminal Order Supreme Court of Virginia

Where the taxpayer challenged tax as­sessments of an idled meatpacking plant on 12 acres of land, the taxpayer did not overcome the presumption of correctness that attached to a mass appraisal for two of the tax years in question, and ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

The circuit court erred by striking plaintiff’s claims of excessive force, false arrest and illegal search against defendant police officer on the basis of sovereign and qualified immunity. Defendant did not challenge the jury’s findings that he was liable for ...

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

Where a 16-year-old defendant was sentenced to life without parole for murder and robbery and resentenced to life suspended after 91 years following the decision in Miller v. Alabama, 567 U.S. 460, 465 (2012), the sentences are constitutional. Miller held ...

Tagged with: Criminal Order Supreme Court of Virginia