Justia Virginia Supreme Court Opinion Summaries

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

The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's convictions of three counts of aggravated sexual battery by a parent under Va. Code 18.2-67.3 and four counts of taking indecent liberties with a child under Va. Code 18.2-370.1 but vacated the portion of the court of appeals' opinion deciding that Laurie Lee's proffered testimony provided Defendant with an alibi, holding that the court erred in part.In affirming Defendant's convictions the court of appeals defined alibi as a defense based on the physical impossibility of committing a crime and held that Lee's proffered testimony served as an alibi because it placed Defendant outside of the room where the offenses occurred. The Supreme Court vacated the portion of the opinion deciding that the proffered testimony provided Defendant with an alibi but affirmed the otherwise affirmed, holding that the court of appeals erred in ruling on the merits of this case because Defendant waived his challenge that the proffered testimony was offered for impeachment. View "Moison v. Commonwealth" on Justia Law

The Supreme Court reversed the judgment of the court of appeals reversing Defendant's conviction, after a jury trial, of possession of cocaine with the intent to distribute, third or subsequent offense, and possession of heroin and Furanylfentanyl with the intent to distribute, third or subsequent offense, holding that Rule 3A:15 does not preclude a trial court from timely reconsidering a motion to strike.At issue in this appeal was whether Rule 3A:15 or the Double Jeopardy Clause restricts a trial court's authority to reconsider a motion to strike that the trial court granted in error. The court of appeals concluded that, once a court grants a motion to strike, the court is foreclosed from reconsidering its decision under Rule 3A:15, which requires the court to enter an order of acquittal. The Supreme Court reversed, holding (1) Rule 3A:15 does not prevent a court from reconsidering its ruling on a motion to strike; and (2) the Double Jeopardy Clause restricts a court's authority to reconsider a motion to strike, but those limitations were not implicated in this case. View "Commonwealth v. McBride" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Appellant's petition for a writ of habeas corpus claiming that the Virginia Department of Corrections (VDOC) failed timely to release him from prison because it under-calculated his earned sentence credits (ESCs), holding that the circuit court did not err.In his habeas corpus petition, Appellant argued that he was entitled to enhanced ESCs under the General Assembly's 2020 amendments to Va. Code 53-1-202.3 as set forth in House Bill 5148 (HB 5148). The circuit court denied the petition, concluding that Appellant was not entitled to immediate release because he was precluded from earning enhanced ESCs for time served prior to July 1, 2022. The Supreme Court affirmed, holding that Appellant was not eligible to receive enhanced ESCs under HB 5148. View "Anderson v. Clarke" on Justia Law

The Supreme Court granted Petitioner's petition seeking a writ of habeas corpus and issued the writ directed to the Director of the Virginia Department of Corrections ordering that Petitioner be released from custody, holding that Petitioner was entitled to relief on his claim that he was wrongfully denied earned sentence credits on his convictions for attempted murder that, if awarded, would result in his immediate release from incarceration.In his habeas corpus petition, Petitioner argued that he was wrongfully denied earned sentence credits on his convictions for attempted aggravated murder. Specifically, Petitioner argued that the Virginia Department of Corrections misinterpreted Va. Code 53.1-202.3(A) and, as a result, miscalculated his release date. The Supreme Court agreed, granted Petitioner's petition, and ordered that Petitioner be released from custody, holding that Petitioner established that he was entitled to relief. View "Prease v. Clarke" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction of abuse or neglect of an incapacitated adult causing serious injury, holding that the trial court, sitting as fact-finder, rationally determined that Defendant's abuse and neglect of her mother caused the mother to suffer a "serious bodily injury" under Va. Code 18.2-369(B).Defendant's mother required emergency medical care and hospitalization after lying in a squalid condition on the floor of her apartment for at least two days. The Commonwealth charged Defendant under section 18.2-369(B) and, after a trial, the court found Defendant guilty of the abuse or neglect of an incapacitated adult causing serious injury. On appeal, Defendant argued that no rational fact-finder could conclude that her mother's bedsores constituted "serious bodily injury" under section 18.2-369(B)-(C). The Supreme Court disagreed and affirmed, holding that a rational trier of fact could have found beyond a reasonable doubt that Defendant's mother suffered a "serious bodily injury" under section 18.2-369(C). View "Tomlin v. Commonwealth" on Justia Law

In this criminal case, the Supreme Court held that the Due Process Clause of the United States Constitution does not require a court to pre-screen eyewitness identification testimony before the eyewitness can be permitted to make an identification of the defendant for the first time in open court.Defendant was indicted on four counts of robbery and four counts of use of a firearm in the commission of a felony for robbing a bank. After a jury trial, Defendant was convicted and sentenced to forty-five years' imprisonment. The Supreme Court affirmed, holding (1) due process did not compel the circuit court to pre-screen the identification at issue when that identification was made for the first time in court; (2) the circuit court did not abuse its discretion in ruling that Defendant's identification was more probative than prejudicial; and (3) Defendant was properly convicted of a second or subsequent offense of use of a firearm in the commission of a felony. View "Walker v. Commonwealth" on Justia Law

The Supreme Court reversed the judgment of the circuit court denying Appellant's petition for an expungement under Va. Code 19.2-392.2, holding that, in light of this Court's clarification of the standard that applies to the review of expungement petitions when the claim is that the original charge was "otherwise dismissed," remand was appropriate.Appellant was arrested on the charge of accessory after the fact of homicide and pleaded guilty to obstruction of justice, an amended charge. Appellant later filed a petition for expungement, arguing that the accessory after the fact of homicide charge qualified for expungement because it was "otherwise dismissed." The circuit court denied the petition on the grounds that the original charge that was later amended was not "completely separate and unrelated." The Supreme Court reversed, holding that where the circuit court did not rely on a Blockburger comparison of the elements to deny the expungement petition, remand was necessary. View "Williams v. Commonwealth" on Justia Law

The Supreme Court reversed the judgment of the court of appeals vacating a jury verdict convicting Defendant of using a firearm during the commission of a robbery, holding that the court of appeals erred in holding that the trial court abused its discretion as to a jury instruction and in holding that the evidence was insufficient to sustain the conviction.Defendant handed a note to a cashier demanding money or her life and then put her hand in a pocket and pointed what appeared to be a handgun at the cashier, who took the threat seriously. The jury convicted Defendant of using a firearm during the commission of a robbery. The court of appeals vacated the verdict, holding that the trial court abused its discretion by not granting at least one of Defendant's ten supplemental jury instructions and that the Commonwealth failed to present sufficient evidence to prove that the bulge in Defendant's pocket was a firearm. The Supreme Court reversed and reinstated the convictions, holding (1) the trial court did not abuse its discretion by not supplementing an agreed-upon jury instruction defining a firearm; and (2) the evidence was sufficient to sustain the guilty verdict. View "Commonwealth v. Barney" on Justia Law

The Supreme Court reversed the judgment of the trial court entering judgment upon the jury's verdict in favor of the estate of Jeffrey Tyree on a battery count but for the defense on a gross negligence count, holding that the circuit court erred in declining to grant the motion to strike filed by Detective Bradley Colas.Colas, a police officer, shot and killed Tyree. Tyree's estate brought this action against Colas and another police officer, Officer Nigal Tuft-Williams, alleging gross negligence and battery. During trial, the trial court granted Tuft-Williams' motion to strike and denied Colas' motions to strike. After the jury found for the estate on the battery count Colas appealed, challenging the denial of his motion to strike. The Supreme Court reversed, holding that, under the circumstances of this case, the circuit court erred in declining to grant Colas' motion to strike. View "Colas v. Tyree" on Justia Law