Justia Virginia Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the court of appeals upholding Defendant's conviction of second degree murder, holding that the evidence was sufficient to support the murder conviction.On appeal, Defendant argued that the evidence was insufficient to establish malice because his actions were not intentionally committed toward the victim. The court of appeals affirmed, reasoning that a rational trier of fact could have found that Appellant was attempting to shoot a specific person when he fired a deadly weapon multiple times. The Supreme Court affirmed, holding that the evidence of Defendant's actions implied sufficient malice even though Defendant did not target another with his actions. View "Watson-Scott v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the trial court convicting Defendant of first-degree murder, robbery, and related offenses, holding that the trial court did not err by excluding expert testimony regarding eyewitness confidence and unconscious transference and did not err in refusing Defendant's proffered jury instruction on eyewitness identification testimony.Specifically, the Court held (1) the trial court in this case did not abuse its discretion in excluding the testimony concerning eyewitness confidence and excluding as irrelevant the testimony regarding unconscious transference; and (2) in light of the totality of the record, the trial court did not err by refusing the jury instruction regarding eyewitness identifications. View "Watson v. Commonwealth" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction of forcible sodomy and aggravated sexual battery, holding that the trial court did not err in instructing the jury.In its published opinion the court of appeals refused Defendant's assignment of error challenging the sufficiency of the evidence but considered the assignment of error regarding whether the trial court erred in giving jury instruction that combined the alternative theories of force, the victim's mental incapacity or physical helplessness as the means by which the sexual acts were committed against the victim's will. The court of appeals held that the trial court correctly instructed the jury because the evidence was sufficient to support a finding that Defendant committed both crimes against the victim's will by each of the means contained in the instructions - force, the victim's physical helplessness, or her mental incapacity. The Supreme Court affirmed, holding that the analysis, reasoning and holdings of the court of appeals were correct. View "Davison v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals upholding Defendants conviction for felony destruction of property, holding that the evidence presented at Defendant's trial was sufficient to affirm his conviction.At issue in this case was whether the trial court erred when it held that the Commonwealth sufficiently established that the fair market replacement value of the electronic grocery store scale that Defendant destroyed exceeded $1,000 for a felony conviction. The Supreme Court affirmed the judgment of the court of appeals upholding Defendant's conviction for felony destruction of property, holding that the circuit court's finding that the fair market replacement value of the scale was $1,000 or more was neither plainly wrong nor without evidentiary support. View "Spratley v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing with prejudice Transparent GMU's petition for writ of mandamus seeking to obtain donor information under the Virginia Freedom of Information Act (VFOIA), Va. Code 2.2-3700 et seq., from George Mason University (GMU) and the George Mason University Foundation, Inc. (the Foundation), holding that the Foundation's records were not subject to disclosure under VFOIA.Transparent filed VFOIA requests with GMU and the Foundation seeking records of grants and donations involving contributions to or for GMU from any of several charitable foundations. The Foundation, a privately held corporation established the raise funds and manage donations given for the benefit of GMU, responded that it was not a public body and its records were not public records subject to VFOIA. Transparent filed a petition for mandamus relief. The circuit court found that the Foundation was not a public body under VFOIA and dismissed the petition with prejudice. The Supreme Court affirmed, holding the Foundation was not a public body subject to VFOIA. View "Transparent GMU v. George Mason University" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the trial court's revocation of Appellant's suspended sentence in a criminal case, holding that Appellant could not collaterally attack the trial court's order as void ab initio and that the court of appeals did not err in affirming the judgment of the trial court.Appellant had an extensive history of violating her probation by committing new felony offenses. Ultimately, the trial court found Appellant in violation of her probation, revoked a portion of her suspended sentence, and terminated her supervised probation. The court of appeals affirmed. The Supreme Court affirmed, holding (1) Appellant's argument that a September 2009 order was void ab initio because the trial court lacked subject matter jurisdiction to enter it, and consequently, a January 2010 order was also void was without merit; and (2) there was no merit to Appellant's argument that her probation terminated automatically when she completed her substance abuse treatment program in January 2013, long before the trial court entered its final revocation order. View "Cilwa v. Commonwealth" on Justia Law

The Supreme Court reversed the judgment of the circuit court ruling that an attorney-in-fact had the authority to gift a principal's real and personal property to herself and her surviving children, holding that the transfers were invalid.Samuel Dickey signed a durable power of attorney document giving his mother, Agnes Davis, certain powers. As Dickey lay dying, Agnes used the power of attorney Dickey had given her to transfer the vast majority of Dickey's personal property to herself. She also executed three deeds of gift transferring Dickey's real property to her surviving children. This suit followed. The circuit court held that the transfers of Dickey's property were validly authorized by the power of attorney document. The Supreme Court reversed, holding that the circuit court erred in holding that Agnes was authorized to gift Dickey's real and personal property to herself and her two surviving children. View "Davis v. Davis" on Justia Law

The Supreme Court affirmed the opinion of the court of appeals affirming the judgment of the circuit court ruling that a pension distribution order was not inconsistent with the final decree of divorce in this case, and therefore declining to amend the pension distribution order under Va. Code 20-107.3(K)(4), holding that there was no reversible error in the court of appeals' judgment affirming the circuit court's ruling.The same day it entered the decree the circuit court entered an order entitled "Order Dividing Military Pension" (ODMP). Both parties signed the decree and the ODMP. Wife later filed motions to reopen the proceeding and for entry of an order amending the ODMP, arguing that the ODMP impermissibly altered the distribution made in the decree. The circuit court declined to amend the ODMP on the grounds that the ODMP was not inconsistent with the decree. The court of appeals affirmed. The Supreme Court affirmed, holding that the court of appeals did not err in interpreting section 20-107.3(K)(4) in denying Wife's motion to amend the decree. View "Jackson v. Jackson" on Justia Law

The Supreme Court affirmed the judgment of the circuit court adopting the partial subordination rule to construe the subordination agreement in this case, determining that the agreement was not ambiguous and dismissing Futuri Real Estate Inc.'s cross-claim with prejudice, holding that Futuri's assignments of error were without merit.Landowners owned real property encumbered by three separate lines of credit. A subordination agreement was recorded providing that Walls Fargo Bank agreed to subordinate the lien of the original security instrument to the lien of the subsequent security instrument. The property later went into foreclosure, and the trustee sold the property to Futuri. A dispute then arose between Futuri and Wells Fargo concerning the disbursal of the surplus fund. Futuri filed a cross-claim against Wells Fargo seeking a declaratory judgment that the subordination agreement ousted the Wells Fargo lien from its first priority position. The circuit court concluded that the agreement was a partial subordination agreement and dismissed Futuri's claim. The Supreme Court affirmed, holding that the circuit court did not err in (1) not adopting the complete subordination rule of construction, and (2) finding that the agreement was not ambiguous. View "Futuri Real Estate, Inc. v. Atlantic Trustee Services, LLC" on Justia Law

In this personal injury action, the Supreme Court affirmed the trial court's judgment in favor of Yashana Spruill and against Angela Tyler only on liability, holding that the trial court erred in admitting certain medical records, but the error was harmless.Spruill was a passenger in Tyler's vehicle when it was involved in an accident with a vehicle driven by Brendon Garcia. Spruill sued Tyler and Garcia seeking damages for personal injuries allegedly resulting from the accident. The jury reached a verdict in favor of Spruill against Tyler only on liability and awarded $0 in damages. Spruill appealed, arguing that her medical records were improperly admitted into evidence because they had not been properly authenticated and were inadmissible hearsay. The Supreme Court held (1) as to the admission of the medical records, neither the requirements of the authentication statute nor Va. R. Evid. 2:308(6) were satisfied; but (2) in the unique context of this case, the admission of the medical records was harmless error. View "Spruill v. Garcia" on Justia Law