Justia Virginia Supreme Court Opinion Summaries

The Supreme Court upheld two capital murder convictions against Alfredo Rolando Prieto as well as convictions for rape, grand larceny, and two counts of felonious use of a firearm. The Court remanded for resentencing based on a finding of error in the penalty phase of the trial. Following a new penalty phase, the circuit court entered a final order imposing the death penalty. The Supreme Court affirmed after addressing Prieto's several assignments of error, holding that the circuit court did not err in its judgment and that there was no reason to commute or set aside the sentences of death. View "Prieto v. Commonwealth" on Justia Law

Mark Lahey was convicted of two counts of attempted first degree murder. The court of appeals and Supreme Court refused Lahey's petitions for appeal. Lahey subsequently filed a petition for a writ of habeas corpus. Lahey submitted his habeas petition for filing on the last day of the limitations period but did not complete payment of the filing fee until days later. The circuit court dismissed the petition as untimely under Va. Code Ann. 8.01-654(A)(2) upon determining that, under the express requirements of Va. Code Ann. 8.01-655, the petition could not be filed, or deemed filed, without proper payment of the filing fee. The Supreme Court affirmed, holding that Lahey's habeas petition was time-barred under section 8.01-654(A)(2). View "Lahey v. Johnson" on Justia Law

In 1994, Michael Haas was convicted at a bench trial in the circuit court of sodomy committed upon his two sons in 1992 and 1993, when they were eleven and nine years of age, respectively. After Haas' petition for writ of habeas corpus was denied, Hass filed a petition for a writ of actual innocence based on non-biological evidence, including recantation evidence. The court of appeals denied Haas' request to refer the case to the circuit court for an evidentiary hearing and dismissed the petition. The Supreme Court affirmed, holding that the court of appeals did not abuse its discretion in (1) declining to refer the case back to the circuit court for an evidentiary hearing, and (2) finding that Haas failed to carry his burden of proof and, accordingly, granting the Commonwealth's motion to dismiss his petition. View "Haas v. Commonwealth" on Justia Law

Pursuant to a guilty plea, Steven DeMille was convicted of rape. Before DeMille's release from incarceration, the attorney general filed a petition seeking the civil commitment of DeMille as a sexually violent predator. After a bench trial, the circuit court entered an order declaring DeMille to be a sexually violent predator. At issue on appeal was whether in a proceeding under the Civil Commitment of Sexually Violent Predators Act, the determination that the respondent is likely to engage in sexually violent acts must be based solely on expert testimony that states an opinion to that effect in express terms. The Supreme Court affirmed, holding that the factual determination of whether a respondent is a sexually violent predator likely to engage in sexually violent acts is to be based on the totality of the record, including but not limited to expert testimony. View "DeMille v. Commonwealth" on Justia Law

Following a bench trial, the circuit court found Jerrod Quarles guilty of robbery and conspiracy to commit robbery. The court of appeals reversed, holding that the circuit court erred in denying Quarles' motion to suppress where the police impermissibly reinitiated communication with Quarles after he invoked his right to counsel in violation of his rights under the Fifth Amendment, and therefore, Quarles' subsequent waiver of his Miranda rights was not voluntary. The Supreme Court reversed, holding that the circuit court did not err in denying Quarles' motion to suppress where the police officer would not have known that Quarles was likely to respond to his statement and Quarles was not particularly susceptible to exposure to such statements. View "Commonwealth v. Quarles" on Justia Law

At issue in this appeal was whether a bail bondsman licensed in another state but not in Virginia had the authority to enter Virginia and apprehend a fugitive bailee. In a bench trial, Defendant, an out-of-state bail bondsman, was convicted of attempted abduction and use of a firearm in the commission of a felony. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the General Assembly plainly manifested its intent to abrogate the common law rule allowing out-of-state bail bondsmen and bounty hunters to enter Virginia to apprehend fugitive bailees; and (2) there was sufficient evidence to establish the specific intent necessary to support a conviction of attempted abduction. View "Collins v. Commonwealth" on Justia Law

At a bench trial, the circuit court found Curtis Branham guilty of possession of cocaine with intent to distribute. The court of appeals affirmed. Branham appealed, arguing that the circuit court erred in denying his motion to suppress the Commonwealth's evidence on Fourth Amendment grounds. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Branham's motion to suppress where the arresting officer's search of Branham's person and vehicle and the results of those searches were not fruits of an unlawful seizure in violation of the Fourth Amendment; and (2) the circuit court did not err in admitting the certificate of analysis of the cocaine into evidence where the chain of custody evidence was sufficient. View "Branham v. Commonwealth" on Justia Law

A grand jury indicted Smith for possession of marijuana with intent to distribute. Two days later, Smith applied for the purchase of a semi-automatic pistol. Smith answered that he was not under indictment for a felony on the form prepared by the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice (the ATF form). The record contained no evidence that Smith, when executing the ATF form, was aware that the grand jury had returned an indictment against him. Smith was indicted for making a false statement on a firearm purchase form, and the circuit court ultimately found Smith guilty. The court of appeals affirmed. The Supreme Court reversed the court of appeals, vacated the conviction, and dismissed the indictment, holding that the evidence was insufficient to support a conviction of "willfully and intentionally making a materially false statement" on a form executed in connection with the purchase of a firearm because there was no evidence to support a finding that Smith knew that he had been indicted when he signed the ATF form. View "Smith v. Commonwealth" on Justia Law

After a jury trial, Calvin Bowman was found guilty of robbery, abduction, and two counts of use of a firearm during the commission of a felony. The court of appeals and Supreme Court affirmed. Bowman subsequently filed petition for a writ of habeas corpus. The habeas court denied the petition. The Supreme Court affirmed, holding (1) Bowman's claim that the Commonwealth failed to correct false testimony of its witness was barred because this non-jurisdictional issue could have been raised at trial and on appeal; (2) evidence of the lack of Bowman's DNA on a piece of evidence did not prejudice him under the Strickland v. Washington standard; (3) the lack of evidence on a particular piece of clothing recovered from Bowman when he was arrested did not prejudice him under the Strickland standard; and (4) the introduction of evidence by Bowman's expert that confirmed the existence of his fingerprints at the scene of the crime but provided the opportunity for a different explanation did not prejudice him under the Strickland standard. View "Bowman v. Johnson" on Justia Law

Defendant James Bevel was convicted in a jury trial for having sexual relations with his daughter. Bevel's counsel filed a notice of appeal, after which Bevel died. Counsel filed a motion to abate conviction ab initio, which the circuit court denied after finding that the Commonwealth had established good cause for not abating Bevel's conviction. The court of appeals affirmed. Later, the court of appeals entered an order in the merits appeal dismissing the appeal as moot. At issue was whether to abate a conviction ab initio when the defendant has died while his appeal was pending or to dismiss the appeal and leave the conviction intact. The Supreme Court (1) held that the question of whether a criminal conviction necessarily will abate upon the death of the defendant while an appeal is pending or whether there should be a good cause exception in that policy is appropriately decided by the legislature, not the courts; (2) vacated the judgment of the court of appeals applying the abatement doctrine; and (3) affirmed the judgment of the court of appeals in the merits appeal, under the specific facts of this case, holding that Bevel's death rendered the appeal of his conviction moot. View "Bevel v. Commonwealth" on Justia Law