Justia Virginia Supreme Court Opinion Summaries

Vernon Eugene Hannah was convicted of one felony count of forging a public record and one misdemeanor count of providing false information to a law enforcement officer. He was sentenced to five years of incarceration with two years suspended for the felony, and twelve months of incarceration with eight months suspended for the misdemeanor. The circuit court partially suspended Hannah’s sentences on the condition of good behavior, compliance with urine screens, payment of costs, and supervised probation. Despite these conditions, Hannah tested positive for controlled substances multiple times. As a result, Hannah’s probation officer requested that the circuit court issue a rule to show cause, which led to a probation revocation hearing.The circuit court found Hannah guilty of violating the terms of his probation on both the felony and misdemeanor convictions, revoked the suspended sentences for both, and resuspended the sentences for the same period of supervised probation, this time adding new special conditions. Hannah appealed the reimposition of his suspended sentence to the Court of Appeals on two grounds, challenging the circuit court’s jurisdiction to hold the probation revocation hearing, and challenging the sufficiency of the Commonwealth’s evidence. The Court of Appeals affirmed the judgment of the circuit court.The Supreme Court of Virginia affirmed the judgment of the Court of Appeals. The court held that the circuit court’s May 2022 order revoking and resuspending Hannah’s sentence was not void ab initio under the 2021 statutory amendments. The court also held that the amended Code § 19.2-303.1 did not abrogate the court’s subject matter jurisdiction to decide Hannah’s revocation. Furthermore, the court found that Hannah’s challenges based on Code § 19.2-303.1 were waived under Rules 5A:18 and 5A:20, and that Hannah’s challenge to the sufficiency of the evidence was barred by Rule 5A:18. View "Hannah v. Commonwealth" on Justia Law

The case revolves around Marcus Cleophus Holman, who was convicted for use of a firearm in the commission of a felony. Holman had initially pleaded guilty to this charge as part of a strategic move to avoid a conviction for aggravated malicious wounding. However, he later challenged the sufficiency of the evidence for the firearm charge. The Court of Appeals of Virginia reversed Holman's conviction, applying the "ends of justice" exception to Rule 5A:18 and stating that the approbate and reprobate doctrine did not apply.The Commonwealth of Virginia appealed the decision of the Court of Appeals, arguing that the approbate and reprobate doctrine should apply. This doctrine prevents a litigant from taking inconsistent positions in the course of litigation. The Commonwealth argued that Holman had approbated by pleading guilty to the firearm charge and then reprobated by later challenging it.The Supreme Court of Virginia agreed with the Commonwealth. It held that Holman had indeed approbated and reprobated on the charge of use of a firearm in the commission of a felony. The Court noted that Holman's decision not to contest the firearm charge was a clear trial strategy. Therefore, the Court reversed the judgment of the Court of Appeals and entered final judgment for the Commonwealth. View "Commonwealth v. Holman" on Justia Law

Patricia Hanger filed a medical malpractice lawsuit against Dr. Allison L. Raines and Emergency Physicians of Tidewater, PLC, alleging that they negligently failed to treat her low blood sodium, leading to a seizure and a subsequent fall that resulted in a traumatic brain injury. The defendants argued that the fall could have been caused by other means. A jury sided with Hanger and awarded her $1.6 million, a decision that was affirmed by the Court of Appeals.The Court of Appeals had to decide whether the trial court erred in refusing a jury instruction supporting the defendants' theory of the case. The Court of Appeals held that this question was waived. The defendants argued that they did not waive their right to appeal this question and that they were entitled to the issuance of their proffered jury instruction.The Supreme Court of Virginia disagreed with the Court of Appeals, concluding that the defendants did not waive their argument. The Supreme Court found that the defendants had preserved their objection to the trial court's refusal to issue the jury instruction and had adequately briefed the matter before the Court of Appeals and the Supreme Court. The Supreme Court ruled that the trial court's failure to issue the jury instruction was reversible error and that the Court of Appeals also erred in declining to rule on the matter. The case was reversed and remanded to the Court of Appeals to enter a mandate to the trial court consistent with the opinion. View "Emergency Physicians of Tidewater v. Hanger" on Justia Law

In Virginia, Bryant McCants arranged for his 1970 Ford Mustang Mach 1 to be repaired at a shop operated by CD & PB Enterprises, LLC, doing business as Maaco Collision Repair & Auto Painting. The repair shop was managed by Hanson Butler, a part owner and employee of CD & PB Maaco. After the work was completed, McCants inspected the vehicle and was unsatisfied with the work, prompting Butler to agree to repaint it. However, due to various personal circumstances, McCants was unable to pick up the vehicle for several months. In the meantime, Butler initiated the Virginia Department of Motor Vehicles' abandoned-vehicle process, which resulted in him acquiring title to the vehicle, which he later sold.McCants sued Butler for conversion, fraud, unjust enrichment, breach of contract, and violation of the Virginia Consumer Protection Act. The jury found in favor of McCants on the conversion claim only and awarded him $78,500. The Court of Appeals reversed the trial court's decision, finding that Butler had properly followed the abandoned-vehicle process and had obtained legal title to the vehicle.The Supreme Court of Virginia disagreed with the Court of Appeals, holding that a rational jury could have found that Butler wrongfully used the DMV's abandoned-vehicle process as a pretext for severing McCants's ownership rights in the vehicle and thereafter claiming it for himself. The Supreme Court reversed the judgment of the Court of Appeals, reinstated the jury’s verdict, and affirmed the trial court’s confirmation order. View "McCants v. CD & PB Enterprises, LLC" on Justia Law

The Supreme Court of Virginia reviewed the case of Dwayne Lamont Sample, Jr., who was convicted of attempted robbery. Sample challenged his conviction, arguing that the trial court erred in denying his motion to suppress an out-of-court identification from a victim based on a single photo showup, which he deemed impermissibly suggestive and thus unreliable. Sample also contested the sufficiency of the evidence used to convict him.The Supreme Court of Virginia affirmed the decision of the lower courts, agreeing that the single photo showup, while generally viewed with suspicion, was not impermissibly suggestive in this case. The court found that the police officer's comment before showing the photo did not make the identification virtually inevitable, and was more of an expression of suspicion than a definite assertion. In evaluating the case, the court applied the five factors from Neil v. Biggers to assess the likelihood of misidentification, and found that all five factors weighed in favor of the victim’s identification reliability.Sample also argued that the DNA evidence and the victim's identification were insufficient to find him guilty beyond a reasonable doubt. The court disagreed, noting that the trial court had considered and rejected Sample's theory of secondary DNA transfer due to a lack of supporting evidence. The court concluded that a rational trier of fact could have found Sample guilty beyond a reasonable doubt, given the DNA evidence, eyewitness identifications, and Sample's proximity to the scene of the crime. The court affirmed Sample's conviction for attempted robbery. View "Sample v. Commonwealth" on Justia Law

In this case, the Supreme Court of Virginia was asked to interpret Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a suspended sentence. The defendant, Emily Katherine Delaune, was convicted of three drug offenses in 2019 and was sentenced to six years of incarceration, with four years suspended. After her release, she violated the terms of her probation by using drugs and absconding from supervision. The Circuit Court of the City of Virginia Beach revoked Delaune's suspended sentence based on these violations and ordered her to serve 60 days of active incarceration.Delaune appealed to the Court of Appeals of Virginia, arguing that under Code § 19.2-306.1, the circuit court was prohibited from imposing more than 14 days of active incarceration based on her technical violations. The Attorney General asserted that Code § 19.2-306.1 did not retroactively apply to Delaune’s probation violations.The Supreme Court of Virginia agreed with the Court of Appeals' ruling that the parties had implicitly agreed to proceed under Code § 19.2-306.1 during the probation revocation hearing, and that the Attorney General was bound by this agreement. The Supreme Court of Virginia also agreed with the Court of Appeals' interpretation of Code § 19.2-306.1, stating that the circuit court could not impose a term of active incarceration based on Delaune’s drug use, which constituted a first technical violation under the statute, and could impose a maximum of 14 days of active incarceration for Delaune’s absconding violation, which was automatically classified as a second technical violation under the statute. The Supreme Court of Virginia affirmed the judgment of the Court of Appeals, holding that the circuit court erred when it ordered Delaune to serve 60 days of active incarceration. View "Commonwealth v. Delaune" on Justia Law

In this case, Andrew Schmuhl ("Schmuhl") appealed the denial of his petition for a writ of habeas corpus. At his trial, Schmuhl had claimed he was involuntarily intoxicated due to prescription medications at the time of committing a home invasion, which resulted in several criminal charges. His trial counsel argued that Schmuhl's involuntary intoxication was a separate defense from an insanity defense, which they chose not to raise. However, the trial court ruled that without an insanity defense, Schmuhl could not present expert testimony about his mental state, effectively barring his involuntary intoxication defense. Schmuhl was found guilty on all counts. Schmuhl later filed a habeas corpus petition arguing that his trial counsel was ineffective due to misunderstanding the law regarding the admissibility of mental state evidence without an insanity defense. The habeas court ruled that trial counsel's performance was not deficient and that Schmuhl was not prejudiced by their performance. On appeal, the Supreme Court of Virginia affirmed the habeas court's decision, finding that Schmuhl's trial counsel's performance was objectively reasonable given the unclear state of the law at the time. The court noted that had trial counsel’s arguments been successful, they would have carried significant strategic benefits for Schmuhl, and that trial counsel's unsuccessful attempt to extend existing law for their client's benefit was not deficient. View "Schmuhl v. Clarke" on Justia Law

In this case, the Virginia Supreme Court ruled in favor of Peter Vlaming, a high school French teacher who was terminated by the West Point School Board for refusing to use a transgender student's preferred pronouns. Vlaming had chosen to use the student's preferred name but avoided using any third-person pronouns to refer to the student as it conflicted with his religious beliefs. The School Board fired Vlaming for not complying with its policy to use government-mandated pronouns.Vlaming sued the School Board, alleging that his termination violated his constitutional, statutory, and breach-of-contract rights. The Circuit Court dismissed Vlaming's claims, holding that they failed to state legally viable causes of action. The Supreme Court of Virginia, however, reversed the decision and remanded the case for further proceedings. The Court concluded that Vlaming's complaint sufficiently alleged that the School Board substantially burdened his right to free exercise of religion under the Virginia Constitution and that his claims under the Virginia Religious Freedom Restoration Act should not have been dismissed. Moreover, the Court held that Vlaming has alleged a viable compelled speech claim under the free speech provision of the Virginia Constitution. The Court rejected the School Board's argument that it could compel Vlaming's speech as part of his official duties as a teacher. The Court concluded that Vlaming's refusal to use certain pronouns did not interfere with his duties as a French teacher or disrupt the school's operations.The Court's decision reaffirmed the fundamental right to free speech and the free exercise of religion under the Virginia Constitution, emphasizing that these rights extend to public school teachers in their interactions with students. It clarified that although the government has a legitimate interest in ensuring non-discrimination and respect for all students, this interest must be balanced against individual rights to free speech and the free exercise of religion. The Court also clarified that a public school teacher's speech in the classroom is not entirely within the control of the school board and that teachers cannot be compelled to express views that conflict with their sincerely held religious beliefs. View "Vlaming v. West Point School Board" on Justia Law

The Supreme Court affirmed the judgment of the State Corporation Commission dismissing Verizon Virginia LLC's petition for a declaratory judgment for lack of subject matter jurisdiction, holding that the Commission lacked subject matter jurisdiction over Verizon's petition pursuant to Va. Code 33.2-1815(B) and 33.2-1821.Verizon, a telecommunications company, filed a petition for a declaratory judgment with the Commission requesting a declaration that either Capital Beltway Express LLC (CBE) or The Lane Construction Corporation was responsible for costs pursuant to section 33.2-1815(B) to relocate some of Verizon's utility facilities, as required by the Virginia Department of Transportation in the underlying project to extend portions of the I-495 express lanes. The Commission dismissed the petition for lack of jurisdiction. Verizon appealed, arguing that sections 33.2-1815(B) and 33.2-1821 granted the Commission jurisdiction to resolve which party was responsible for the costs of the utility relocations necessitated by the project. The Supreme Court affirmed, holding that the Commission correctly concluded that it lacked subject matter jurisdiction over Verizon's petition. View "Verizon Virginia LLC v. SCC" on Justia Law

The Supreme Court reversed the opinion of the court of appeals reversing Defendant's sentence for malicious wounding, holding that the court of appeals erred by reversing the trial court's restitution order as violative of Va. Code 19.2-305.1.Defendant was convicted of the malicious wounding of Justin Hawks. As a condition of Defendant's probation and suspended sentence the trial court ordered Defendant to reimburse the Virginia Department of Medical Assistance Services (DMAS) for Hawks's medical expenses. The court of appeals reversed the restitution award to DMAS and remanded the case. The Supreme Court reversed, holding that section 19.2-305.1 authorized the trial court to order restitution as a condition of Defendant's probation and sentence and to order payment of that restitution to DMAS for the portion of the medical expenses incurred by Hawks that DMAS had paid. View "Commonwealth v. Puckett" on Justia Law