Justia Virginia Supreme Court Opinion Summaries

The case revolves around a dispute between the Board of Supervisors of Fairfax County and Rita M. Leach-Lewis, trustee of the Rita M. Leach-Lewis Trust, which owns several homes in Fairfax County. These homes are used by members of the New World Church of the Christ, including Leach-Lewis, for activities such as handling correspondence, preparing spiritual teachings, and storing files and boxes. The homes are located in a residential-conservation zone, which prohibits office uses. After a zoning official conducted a search of the residences, a notice of violation of the zoning ordinance was issued, stating that the homes were being used as an "office."The notice of violation was appealed to the Board of Zoning Appeals (BZA), which upheld the zoning administrator's decision. Leach-Lewis then filed a petition for a writ of certiorari challenging the BZA's decision, arguing that the residences were not being used as an "office" and that the notice of violation was based on an improper search under the Fourth Amendment. The circuit court upheld the BZA's decision, and Leach-Lewis appealed to the Court of Appeals of Virginia.The Court of Appeals reversed the circuit court's decision, holding that the BZA had a duty to interpret and apply a provision of the zoning ordinance that states that no part of the ordinance may be construed to authorize an unconstitutional inspection or search. The Court of Appeals remanded the case to the BZA to determine whether the zoning ordinance was violated by the search of the church's property.The Supreme Court of Virginia disagreed with the Court of Appeals' decision. It held that the BZA was not required to examine the constitutionality of the search underlying the notice of violation. The court also concluded that the residences were being used as an "office" as defined in the zoning ordinance. Therefore, the court reversed the judgment of the Court of Appeals and entered final judgment in favor of the Board of Supervisors of Fairfax County. View "Board of Supervisors v. Leach-Lewis" on Justia Law

Travis Alexander Bland-Henderson was charged with unlawfully possessing a firearm after having been convicted of a violent felony. He was to be tried by a jury and filed a “Notice of Demand for Jury Sentencing” pursuant to Code § 19.2-295. However, Bland-Henderson missed the statutory deadline to file his request for jury sentencing, filing his notice only 13 days before trial. The Commonwealth objected to Bland-Henderson’s request for jury sentencing as untimely. Bland-Henderson acknowledged that he had filed the request late, but argued that his untimeliness did not eliminate his statutory right to be sentenced by the jury. The circuit court denied Bland-Henderson’s request for jury sentencing.The Court of Appeals affirmed the circuit court's decision, ruling that the circuit court had “correctly concluded that Bland-Henderson waived his request for jury sentencing by failing to submit his demand at least 30 days before trial.” The Court of Appeals also held that if the jury would not be sentencing the defendant, voir dire on sentencing ranges is not permitted, since that line of questioning would be irrelevant and would only encourage jury nullification.The Supreme Court of Virginia affirmed the judgment of the Court of Appeals. The court held that the “shall” command in Code § 19.2-295, that instructs a defendant to file a request for jury sentencing at least 30 days prior to trial, is mandatory. Therefore, Bland-Henderson had waived his statutory right to jury sentencing by missing the statutory deadline to file his request. The court also held that there is no absolute right to voir dire jurors regarding potential sentencing ranges, since this line of questioning remains irrelevant and improper when the jury will not be sentencing the defendant. View "Bland-Henderson v. Commonwealth" on Justia Law

The case revolves around a defendant, Tony Thomas, who was indicted for aggravated malicious wounding following a physical altercation that resulted in permanent injuries to the victim. The parties initially reached a plea agreement, which was presented to the trial court but not immediately accepted. The court indicated it would review the agreement and make a decision at a later date. However, due to delays caused by the COVID-19 pandemic and changes in the circumstances of the case, the parties renegotiated and entered into a second plea agreement, which was presented to a different judge and accepted.The original judge, upon learning of the second plea agreement, insisted on enforcing the first agreement, despite the parties having withdrawn their assent to it. The defendant and the Commonwealth both objected to this decision, arguing that they were free to renegotiate the plea agreement as it had not been accepted by the court. The trial court rejected these arguments and convicted the defendant based on the first plea agreement.The Court of Appeals upheld the trial court's decision, relying on the doctrine of approbate and reprobate and the court's inherent authority to take a matter under advisement for a later decision. The Court of Appeals held that the defendant was required to either present a new plea agreement to the original judge or inform the original judge that he wished to withdraw his guilty plea.The Supreme Court of Virginia, however, reversed the decisions of the lower courts. The court held that parties are free to modify or renegotiate plea agreements when a trial court has not yet accepted the agreement. The court found that the trial court's insistence upon and implementation of a plea agreement that the parties had revoked was reversible error. The court vacated the judgment of conviction and remanded the case for further proceedings. View "Thomas v. Commonwealth" on Justia Law

Stephen Lamar Garrick was found asleep in a vehicle with the engine running. Upon waking him, officers noticed signs of intoxication and a faint smell of marijuana. This led to a search of the vehicle, where they found a bag of heroin and a loaded handgun in the glove compartment. Garrick, the sole occupant of the vehicle, stated that his mother owned the car and he drove it three days a week. The glove compartment also contained two receipts for vehicle maintenance, both listing Garrick as the customer. Garrick was convicted of possession of heroin and possession of a firearm by a violent felon.Garrick appealed his convictions, arguing that the evidence was insufficient to prove possession. The Court of Appeals reversed the convictions, stating that Garrick's occupancy of the vehicle, his proximity to the items, and his admission of driving the vehicle were insufficient to establish constructive possession. The Court of Appeals also noted that the maintenance receipts only served as evidence that Garrick regularly used the car, not that he knew about the heroin and firearm.The Commonwealth appealed to the Supreme Court of Virginia. The Supreme Court reversed the judgment of the Court of Appeals, stating that the evidence was sufficient to allow a reasonable factfinder to conclude that Garrick was aware of the presence of the heroin and firearm. The court noted that Garrick was the sole occupant of the vehicle, was in close proximity to the items, and had been in the vehicle for a significant period of time. The court also pointed out that the maintenance receipts indicated that Garrick was responsible for the vehicle's upkeep, suggesting that he used the glove compartment where the items were found. The court concluded that the combined circumstances were sufficient to support the conviction. View "Commonwealth v. Garrick" on Justia Law

The case involves Montalla, LLC ("Montalla") and the Commonwealth of Virginia, Department of Transportation ("VDOT"), and the Comptroller of Virginia (collectively the "Commonwealth"). Montalla filed a five-count complaint against the Commonwealth related to several contracts VDOT had entered into for construction inspection services. The circuit court dismissed the entire complaint, ruling that sovereign immunity barred all five counts. The Court of Appeals affirmed the judgment of the circuit court, concluding that Counts I-III of the complaint were barred by sovereign immunity and that Counts IV-V were barred by the entry of a settlement agreement entered into by the pertinent parties.The Court of Appeals of Virginia affirmed the lower court's decision, concluding that the first three counts of the complaint were barred by sovereign immunity and that the last two counts were barred by the entry of a settlement agreement. The Court of Appeals reasoned that the settlement agreement was enforceable and that Montalla had not sufficiently alleged duress or repudiation to set it aside.The Supreme Court of Virginia reversed the judgment of the Court of Appeals. The Supreme Court held that the doctrine of sovereign immunity did not bar Montalla's claims based on valid contracts. The Court also held that the Court of Appeals erred in concluding that the settlement agreement, including the release of claims contained therein, was enforceable at this stage of the proceedings. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "Montalla, LLC v. Commonwealth" on Justia Law

The case revolves around a dispute over personal jurisdiction. Worth Harris Carter Jr., a Virginia resident, sought treatment for a rash from Wake Forest University Baptist Medical Center and Wake Forest University Health Sciences in North Carolina. Despite numerous in-person visits and follow-up communications via phone calls, text messages, and an online patient portal, Mr. Carter's condition worsened, and he was eventually diagnosed with skin cancer. After his death, Katherine Louise Carter, executor of Mr. Carter's estate, filed a lawsuit against Wake Forest in Virginia, alleging medical malpractice.The Circuit Court for the City of Martinsville dismissed the case, ruling that it lacked personal jurisdiction over Wake Forest. The court found that Wake Forest's communications with the Carters in Virginia were responses to inquiries initiated by the Carters and did not constitute purposeful availment of the privilege of conducting activities within Virginia. The Court of Appeals of Virginia affirmed this decision, emphasizing that the actual treatment occurred in North Carolina and that Wake Forest did not maintain a presence or solicit business in Virginia.The Supreme Court of Virginia affirmed the lower courts' decisions. The court concluded that Wake Forest's contacts with Virginia were incidental to in-person treatment and were directed to the patient in need, rather than the forum state itself. The court found that Wake Forest's responses to the Carters' communications did not constitute purposeful availment of the privilege of conducting activities in Virginia. The court also noted that the communications between Ms. Carter and Wake Forest were more aptly characterized as isolated or attenuated and were insufficient to give rise to jurisdiction. View "Carter v. Wake Forest" on Justia Law

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