Justia Virginia Supreme Court Opinion Summaries

Appellant was convicted of carrying a concealed weapon in violation of "Henrico County Ordinance 22-2 incorporating Virginia Code Section 18.2-308." Appellant appealed, arguing that the trial court erred in denying his motion to suppress. After Appellant's appeal was denied, he filed a motion for a rehearing, adding an additional assignment of error, which stated that the conviction was void as a matter of law because there existed no Henrico County Ordinance 22-2 incorporating Virginia Code Section 18.2-308. The court of appeals refused to address whether Appellant's conviction was void ab initio as a matter of law because Appellant had not included the new assignment of error in his petition for appeal. The Supreme Court reversed, holding that because the court of appeals had acquired active jurisdiction over Appellant's appeal, Appellant had the right to raise the issue of whether his conviction order was void ab initio. Remanded. View "Amin v. County of Henrico" on Justia Law

Petitioner was convicted of petit larceny, third or subsequent offense, and breaking and entering with the intent to commit larceny. The court of appeals denied Petitioner's appeal. Petitioner subsequently appealed to the Supreme Court and filed a pro se petition for writ of habeas corpus, challenging the legality of his confinement and asserting claims of ineffective assistance of counsel. The Supreme Court dismissed Petitioner's habeas petition, holding (1) a petition for a writ of habeas corpus and a direct appeal from a final judgment of conviction can proceed simultaneously in the Court; and (2) with regard to the claims of ineffective assistance of counsel raised in the petition, Petitioner failed to prove that, but for his counsel's alleged errors, the outcome of his trial would have been different.View "Sigmon v. Dir. of Dep't of Corr." on Justia Law

After a jury trial, Defendant was convicted of taking indecent liberties with a child, aggravated sexual battery, and animate object penetration. Defendant appealed, contending that the Commonwealth violated Brady v. Maryland by suppressing evidence in the form of an audio tape recording of an investigative interview with the victim. The court of appeals reversed on the Brady issue and remanded the case for a new trial. The Supreme Court reversed, holding that because the recording was made available to Defendant in sufficient time for its use at trial, the Commonwealth committed no Brady violation. Remanded.View "Commonwealth v. Tuma" on Justia Law

Defendant was indicted upon a charge of knowingly and intentionally possessing or transporting a firearm after having previously been convicted of a violent felony in violation of Va. Code Ann. 18.2-308.2(A). At a jury trial, the trial court admitted one prior conviction for robbery and four prior convictions for burglary, each of which was a violent felony. Defendant objected to the evidence, arguing that the phrase "previously convicted of a violent felony" in section 18.2-308.2(A) limited the Commonwealth to adducing evidence of only one prior conviction for a violent felony. The circuit court overruled the objection, and the jury returned a guilty verdict. The Supreme Court affirmed, holding that because section 18.2-308.2(A) establishes the elements of the offense rather than a rule of evidence by which the elements may be proven, the statute does not limit the Commonwealth's prerogative to meet its burden of proof using whatever available evidence it chooses.View "Boone v. Commonwealth" on Justia Law

Jordan was charged with carjacking, use of a firearm in the commission of a felony, eluding police, and possession of a firearm by a convicted felon. At trial, Arrowood, who was 13 at the time of the incident, testified that as he sat in a truck outside a convenience store, Jordan pointed "a gun" at his head and told him to get out of the truck. Arrowood stated that he was familiar with handguns because his father was in the military, and that this appeared to be a silver semiautomatic pistol. Arrowood admitted on cross-examination that he could not say for certain that the object was not a toy gun. Jordan was apprehended by police shortly after the incident, but no weapon was recovered. He was convicted on all counts. The Virginia Supreme Court rejected an appeal to the conviction for possession of a firearm by a convicted felon. Jordan concedes that he is a convicted felon. The evidence was sufficient to support Jordan's conviction for possession of a firearm by a convicted felon. View "Jordan v. Commonwealth" on Justia Law

In 2008 Prieto was convicted of a 1988 capital murder in the commission of, or subsequent to, rape, Code § 18.2-31(5); capital murder of more than one person as part of the same act or transaction, Code § 18.2-31(7); rape, Code § 18.2-61; two counts of use of a firearm in the commission of murder, Code § 18.2-53.1; and grand larceny, Code § 18.2-95, and was sentenced to death for each of the capital murder convictions and 20 years' imprisonment for the remaining convictions. Following a remand, the Virginia Supreme Court upheld the sentences and subsequently denied a petition for habeas corpus that claimed denial of effective assistance of counsel because counsel failed bring up Prieto's claimed mental retardation and failed to thoroughly investigate and review scientific evidence including DNA found in the victim’s vagina, hair found on the body, and anal swabs. The court also rejected a claims that Prieto was denied the right to a jury "of the state and district" where the crimes were committed, because a juror who did not reside in Virginia was seated at his first trial and that another juror intentionally withheld information during voir dire regarding sexual assaults the juror had suffered. View "Prieto v. Warden " on Justia Law

Carolyn Osman had three sons, all of whom were the beneficiaries of Carolyn's estate and various trusts. Carolyn died in 2009 as a result of her son Michael's actions. Her cause of death was strangulation and blunt force trauma to the head. Michael was found not guilty of first-degree murder for reason of insanity. The executors of Carolyn's estate and co-trustees of the trusts subsequently filed a request for declaratory judgment in the circuit court asking the court to declare that Michael was a "slayer" under Va. Code 55-401. The circuit court found that although Michael was found not guilty by reason of insanity, he was a slayer under section 55-401 and could not share in the proceeds from his mother's estate. The Supreme Court affirmed, holding that the circuit court did not err in holding that Michael was a slayer under section 55-401, and that as a result, Michael could not inherit his share of his mother's estate.View "Osman v. Osman" on Justia Law

This appeal concerned an underlying criminal case against Lillian Callender and Michael Stoffa. Following bench trials, Callender and Stoffa were found guilty of felony neglect and second-degree murder. Prior to Callender's sentencing and Stoffa's trial, Daily Press requested permission to review the file related to Callender's trial. The clerk of the circuit court denied the request, and the circuit court entered an order sealing the entire Callender file from public inspection until the conclusion of Callender's and Stoffa's cases. The circuit court later rescinded the order and allowed the attorneys for Callender and the Commonwealth to withdraw the original exhibits from the Callender file to be used in Stoffa's trial. Daily Press requested that photocopies of the withdrawn exhibits remain in the public file, but the court directed that photocopies of the original exhibits be placed in the file under seal. The Supreme Court vacated the order of the circuit court, holding that the order violated the public's constitutional and statutory right of access to criminal proceedings. View "Daily Press, Inc. v. Commonwealth" on Justia Law

In 2009, Alexander Nobles pled guilty to driving while intoxicated (DWI) before Judge Thomas Kelley in district court. The case was continued until 2011. At the 2011 hearing, Judge Kelley found Nobles guilty of reckless driving and fined him $250. The Commonwealth objected to Judge Kelley's decision to find Nobles guilty of reckless driving instead of finding him guilty and sentencing him for DWI. Theophani Stamos, the chief deputy Commonwealth's attorney, filed a petition for a writ of mandamus seeking an order compelling Judge Kelley to sentence Nobles on the charge of DWI. The circuit court issued the writ. Judge Kelley appealed. The Supreme Court reversed the order of the circuit court and dismissed the petition, holding that the circuit court erred in issuing the writ ordering Judge Kelley to sentence Nobles on the charge of DWI, as the 2011 order had become final, and Judge Kelley consequently lost jurisdiction to modify the order.View "Kelley v. Stamos" on Justia Law

Defendant was convicted of robbery and use of a firearm. Less than a month after Defendant was released from prison on probation, Defendant was arrested on a new robbery charge. After a revocation hearing, the circuit court found that Defendant had violated the terms and conditions of his probation, revoked the probation, and entered an order requiring Defendant to serve the remaining eighteen years and four months of his original sentence. After a rehearing, the court of appeals affirmed. Defendant appealed, arguing that the judgment violated his constitutional right to confront his accusers and the rule against hearsay. The Supreme Court affirmed, holding that the trial court did not err in admitting testimonial hearsay evidence in this probation revocation proceeding, as the evidence comported with the constitutional requirements for admitting the testimonial hearsay evidence and denying Defendant his confrontation rights for "good cause."View "Henderson v. Commonwealth" on Justia Law