Justia Virginia Supreme Court Opinion Summaries

The Supreme Court affirmed Defendants' convictions of possession of a firearm by a convicted felon, holding that Va. Code 19.2-294 does not preclude a conviction for possession of a firearm by a convicted felon when the defendant was convicted in a prior prosecution of carrying a concealed weapon.Both defendants in these appeals were previously convicted of carrying a concealed weapon and argued that section 19.2-294 parried their prosecution for possession of a firearm as a convicted felon. The Supreme Court disagreed after clarifying the proper test governing the application of the successive prosecution bar found in section 19.2-294, holding that the statute did not bar Defendants' prosecutions for possession of a firearm by a convicted felon. View "Evans v. Commonwealth" on Justia Law

The Supreme Court held that an insurer's payments on a fire insurance policy were not immune from garnishment as "proceeds of the sale or disposition" of property held in trust under former Va. Code 55.20.2(C) and that the contractual right under the insurance policy to receive fire loss payments was not intangible personal property held by the named insured and his wife as a tenancy by the entirety.Terry and Cathy Phillips owned their residence as tenants by the entirety until they retitled the property in the names of separate, revocable trusts as tenants in common. The residence was later damaged by fire. The residence was covered by an insurance policy issued by Chubb & Son, Inc. that named Terry Phillips as the policyholder. Andrea Jones sought satisfaction of a civil judgment she had obtained against Terry by filing this action to garnish insurance payments from Chubb arising out of the fire damage owned by the reciprocal trusts. The Phillipses sought to quash the garnishment, arguing that the insurance payments were immune from garnishment under section 55.1-136(C). The circuit court granted the motion. The Supreme Court reversed, holding that the circuit court erred in holding that section 55.1-136(C) immunized the insurance payments from garnishment. View "Jones v. Phillips" on Justia Law

The Supreme Court remanded the judgment of the trial court in this civil case against Appellant based upon a finding that she had violated Va. Code 8.01-40.4 by unlawfully disseminating images of Appellee, holding that further factual findings were required on the issue of whether the voluntary-payment doctrine mooted Sheehy's appeals of the now fully satisfied judgment.Appellant filed two appeals after the trial court entered judgment. While the appeals were pending, the judgment was paid in full. Appellee filed a motion to dismiss, arguing that the voluntary-payment doctrine mooted Appellant's appeal. The Supreme Court temporarily remanded the case to the trial court for factual findings on the voluntary-payment issue, holding that it was necessary for the circuit court to make findings of fact for deciding the motion to dismiss the pending appeals. View "Sheehy v. Williams" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing a suit by Plaintiffs, local taxpayers, for declaratory and injunctive relief filed against a sheriff and a locality concerning the sheriff's cooperation agreement with the federal government regarding the enforcement of federal immigration laws, holding that Plaintiffs lacked standing to file this action.The sheriff entered into an agreement with the United States Immigration and Customers Enforcement authorizing the sheriff and his officers to, among other things, interrogate any person they detain about the person's right to be or remain in the United States and serve warrants for immigration violations. Plaintiffs filed this complaint seeking to have the courts prohibit the alleged use of local tax revenue to enforce federal immigration law and assert that the use of local funds for that purpose is unlawful. The circuit court sustained Defendants' demurrers, concluding that Plaintiffs could not demonstrate that the sheriff acted outside the scope of his duty and authority in entering into the agreement. The Supreme Court affirmed but on different grounds, holding that Plaintiffs' allegations were insufficient to establish local taxpayer standing. View "McClary v. Jenkins" on Justia Law

The Supreme Court reversed the decision of the circuit court concluding that the Fairfax County Police Department's automated license plate recognition (ALPR) satisfied the definition of an "information system" under the Government Data Collection and Dissemination Practices Act (Data Act), Va. Code 2.2-3800 through -3809, holding that the ALPR system does not constitute an "information system" within the meaning of the Data Act.Specifically, the Supreme Court held (1) the ALPR system did not satisfy the statutory definition of an "information system" because it did not contain "the name, personal number, or other identifying particulars of a data subject," and therefore, the Police Department's passive use of the ALPR system was lawful under the Data Act; and (2) the resolution of this case favorably to the Police Department foreclosed the recovery of attorneys' fees. View "Neal v. Fairfax County Police" on Justia Law

The Supreme Court affirmed the judgment of the circuit court awarding Tracey Martin her agreed-upon share of proceeds of John Wood's insurance policy after he committed suicide, holding that the circuit court did not err.During their divorce proceeding, Wood agreed to maintain a preexisting life insurance policy for the partial benefit of Tracey Martin. The circuit court incorporated the agreement (the agreement) into the final divorce decree. Six years later, in defiance of the court order, Wood removed Martin as a beneficiary and designated his brothers, his new wife, and a friend as beneficiaries on the policy. Wood committed suicide two days later. In a lawsuit initiated by Martin, the insurer interpleaded the policy proceeds. The circuit court awarded Martin her share of the proceeds consistent with the divorce decree. The Supreme Court affirmed, holding (1) Va. Code 38.2-3122(B) did not bar Martin's claim because the final divorce decree that ratified and incorporated the agreement created an equitable assignment; and (2) faced with competing equities, the circuit court did not err in finding Martin's beneficial interest in the interpleader proceeds to be superior to that of the new beneficiaries. View "Wood v. Martin" on Justia Law

The Supreme Court reversed the judgment of the circuit court determining that the Board of County Supervisors of Prince William County, Virginia had the authority to dissolve the corporate status of Dumfries-Triangle Rescue Squad, Inc. (DTRS), holding that the circuit court erred in concluding that the Board had the power to dissolve the corporate status of DTRS .The Board filed a complaint for declaratory judgment asserting that the Board had the authority to dissolve DTRS's corporate status under Code 32.1-111.4:7(D). The circuit court determined that DTRS was subject to the corporate dissolution authority of the Board pursuant to section 32.1-111.4:7(D) and appointed a receiver to wind up DTRS's corporate affairs, as requested by the Board. The Supreme Court reversed, holding (1) because DTRS was not incorporated pursuant to section 32.1-111.4:7, the Board could not rely on that authority to dissolve its corporate status; and (2) DTRS was not the type of entity that was subject to dissolution under that section. View "Dumfries-Triangle Rescue Squad v. Board of Supervisors" on Justia Law

The Supreme Court vacated the judgment of the court of appeals affirming the decision of the Workers' Compensation Commission finding that Claimant suffered a compensable injury to her right shoulder, holding that the court of appeals erred in applying the legal standard for determining whether Claimant suffered a compensable "injury by accident" to her shoulder.Claimant, a math teacher, slipped on a puddle on her classroom floor and fell on her right side. Claimant filed claims for an award of benefits by the Commission, claiming that the fall injured her right shoulder. The Commission ruled that Claimant established a compensable injury by accident to her shoulder. The court of appeals affirmed. The Supreme Court vacated the court of appeals' judgment and remanded the case for further proceedings, holding that the court of appeals erred in applying the standard for determining whether Claimant had suffered an injury by accident to her shoulder. View "Alexandria City Public Schools v. Handel" on Justia Law

In this interpleader action seeking a judicial resolution of two disputed claims of ownership of proceeds from the sale of unclaimed corporate stock the Supreme Court affirmed the judgment of the circuit court holding that the buyer of the original stock, not the seller, had a super equitable claim of ownership, holding that the circuit court did not err.MCC Acquisition, LC purchased all of the assets of M.C. Construction, which included Trigon Blue Cross Blue Shield stock. M.C. Construction never delivered the stock certificates, however, because it had never possessed them. Later, the Treasurer sold the stock and filed this interpleader action. The circuit court awarded the proceeds from the sale of the unclaimed corporate stock to MCC Acquisition, finding that MCC Acquisition had obtained equitable title to the Trigon stock. The Supreme Court affirmed, holding that the circuit court (1) correctly awarded the interpleader stock proceeds to MCC Acquisition; and (2) did not err in rejecting the argument that the statute of limitations barred MCC Acquisition's in rem claim. View "Day v. MCC Acquisition, LC" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court granting Isle of Wight County's motion to strike International Paper Company's application for correction of a machinery and tools tax assessment that International Paper claimed was nonuniform, invalid, and illegal, holding that the court erred in sustaining the County's motion to strike as to counts 4 and 5 regarding uniformity.International Paper owned a paper production facility in the County that utilized paper-making machinery for its manufacturing operations. International Paper filed an application for a correction of the County's "nonuniform, invalid & illegal" assessment of International Paper's machinery and tools taxes for tax year 2017. The refund action had five counts. After a bench trial, the County moved to strike International Paper's evidence and claims. The circuit court granted the motion to strike and dismissed the refund action with prejudice. The Supreme Court reversed in part and remanded this case for further proceedings, holding (1) the circuit court did not err in sustaining the County's motion to strike as to three counts regarding vested rights, separation of powers, and the County's alleged lack of statutory authority; but (2) the circuit court erred in sustaining the County's motion to strike as to two counts regarding uniformity. View "International Paper Co. v. County of Isle of Wight" on Justia Law