Justia Virginia Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's convictions for grand larceny, conspiracy to commit grand larceny, and providing false identification to a law enforcement officer, holding that Defendant's right to a speedy trial was not violated.In this case, Defendant had been continuously incarcerated since a March 2, 2016 preliminary hearing. For purposes of speedy trial, Defendant's trial should have commenced within five months of the preliminary hearing date. Defendant was not tried until November 14, 2016. The court of appeals found that that the trial court's continuance from August 2016 until November 2016 was a court-ordered continuance that was not counted against the Commonwealth. The Supreme Court affirmed, holding that Defendant's failure to make an affirmative objection to the trial court's continuation of the case was dispositive and that Defendant's speedy trial rights were not violated. View "Young v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the ruling of the trial court finding Defendant in violation of the terms of his suspended sentences, holding that, assuming a proffer of evidence made at Defendant's probation revocation hearing was in error, any error was harmless on the facts of this case.According to the prosecutor in this case, the proffer of evidence quoted testimony from a newspaper article that detailed testimony from a victim of Defendant's crimes. The article, however, was never admitted into evidence. On appeal, Defendant argued that the proffer violated his due process rights. The court of appeals affirmed the trial court's decision overruling Defendant's objection to the proffer, holding that the proffer did not violate Defendant's due process rights because the newspaper article from which the prosecutor quoted was not testimonial hearsay. The Supreme Court affirmed, holding that any alleged error in allowing the prosecutor to read from the newspaper article was harmless beyond a reasonable doubt. View "Mooney v. Commonwealth" on Justia Law

The Supreme Court reversed the circuit court's judgment denying Defendant's motion to set aside the jury's verdict for Plaintiff on this defamation complaint against Defendant, holding that the trial judge erred by failing to dismiss this case on Defendant's first and second motions to strike and by failing to set aside the jury's erroneous verdict.Defendant, a superintendent for Patrick County Public Schools, removed Plaintiff as principal of an elementary school in Patrick County and provided her with a letter stating that she would be reassigned to a teaching position. After the letter came into the possession of the local news media Plaintiff filed this action alleging that a statement in the letter was defamatory. Defendant twice moved to strike Plaintiff's evidence, arguing that the statement either was opinion, was true, or lacked defamatory sting. The circuit court denied the motions. The jury returned a verdict for Plaintiff. Defendant moved to set aside the verdict on the same grounds as his motions to strike. The circuit court denied the motion. The Supreme Court reversed, holding that the trial judge consciously disregarded the law and permitted the jury to return a verdict and award damages on a statement that he knew was not actionable as defamation as a matter of law. View "Sroufe v. Waldron" on Justia Law

The Supreme Court held that Respondents, who were both previously adjudicated to be sexually violent predators and were committed to the Department of Behavioral Health and Developmental Services after a trial court determined that they had violated the terms of their conditional release, were not entitled to a State-appointed psychological expert to assist them in a hearing.Respondents filed motions asking for a court-appointed psychological expert to assist them in a hearing to determine whether they violated the conditions of their release and whether those violations rendered them unsuitable for conditional release. Specifically, Respondents argued that, because they were indigent, the Due Process Clause required the appointment of an expert. The circuit courts denied the motions and determined that Respondents violated the conditions of their release. The Supreme Court affirmed, holding that given the temporary, expedited nature of the hearing and the other protections afforded Respondents, including the right to counsel, the Due Process Clause did not require the State to appoint an expert. View "Harvey v. Commonwealth" on Justia Law

The Supreme Court vacated the judgment of the circuit court ruling that Defendant's erroneous sentences were void ab initio, holding that the Court lacked jurisdiction to consider Defendant's motion to vacate his sentences.Defendant was convicted on Alford pleas to several offenses, including four counts of using a firearm in the commission of a felony. Defendant later filed a motion to vacate three of the four sentences imposed upon him, arguing that those sentences were void ab initio for being shorter than the statutorily-prescribed five-year minimum. The circuit court granted Defendant's motion to vacate his sentences and reopened the relevant criminal cases for further proceedings. The Supreme Court vacated the circuit court's judgment, holding that sentences below the statutory minimum are not void ab initio but only voidable, and that, pursuant to Rule 1:1, the court lacked jurisdiction to consider Defendant's motion to vacate his sentences. View "Commonwealth v. Watson" on Justia Law

The Supreme Court affirmed the judgment of the circuit court ruling that Defendant lacked standing to move to vacate the sentences of other felons as void ab initio, holding that Defendant lacked standing and that there was no reason to set aside the circuit court's judgment sua sponte.Defendant was convicted on Alford pleas to several offenses, including four counts of using a firearm in the commission of a felony. Defendant later moved to vacate as void thirty sentences imposed by the court upon twelve felons for violations of Va. Code 18.2-53.1, including three of the four sentences imposed upon him, arguing that each of the challenged sentences was void ab initial for being shorter than the statutorily-prescribed five-year minimum. The circuit court dismissed the case, ruling that a person must establish standing even when challenging a judgment as void ab initio. The Supreme Court affirmed, holding (1) the circuit court correctly ruled that Defendant lacked standing to challenge the other felons' sentences; and (2) this Court declines to declare the other felons' sentences void sua sponte. View "Watson v. Commonwealth" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the trial court's denial of Defendant's motion to suppress and affirming Defendant's convictions, holding that that trial court did not err in denying Defendant's motion to suppress.Defendant was convicted of first degree murder and robbery and sentenced to life imprisonment. Defendant appealed the denial of his motion to suppress evidence obtained as a result of a police interrogation, arguing that his constitutional rights under Miranda v. Arizona, 384 U.S. 436 (1966), and its progeny were denied because the interrogation took place under circumstances requiring Miranda warnings prior to questioning and that the warnings he was given were constitutionally insufficient. The court of appeals affirmed the convictions, holding that Defendant was effectively advised under Miranda. The Supreme Court affirmed, holding (1) the trial court properly found that no Miranda warnings were required; and (2) the warnings given to Defendant were a fully effective equivalent of the warnings required by Miranda. View "Spinner v. Commonwealth" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing a school board's disciplinary proceedings against S.C., a high school student, with prejudice, holding that the circuit court misapplied the governing legal standards and misinterpreted the factual record of the disciplinary proceedings.The Fairfax County School Board disciplined S.C. for nonconsensual, sexual touching of three students at school. The circuit court dismissed the disciplinary proceedings, finding that the school board's decision was arbitrary, in violation of S.C.'s due process rights. The Supreme Court reversed, holding that, applying the "intensely practical" principles of due process applicable to school disciplinary proceedings, nothing in the record suggested that the school board acted arbitrarily in violation of S.C.'s due process rights. View "Fairfax County School Board v. S.C." on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court in this action, holding that the circuit court properly denied a motion to dismiss based on the doctrine of forum non conveniens but erred in dismissing the case based on forum selection clauses.RMBS Recovery Holdings I, LLC and others (collectively, Funds) filed suit against HSBC Bank USA, National Association (HSBC) asserting that HSBC served as an indenture trustee of three trusts in which the Funds had invested and that the trusts were filled with defective mortgage loans. Based on HSBC's failure to act to have sponsors of the trusts repurchase the deficient loans or to file suit against the sponsors, the Funds claimed breach of contract, breach of fiduciary duty, and other causes of action. The circuit court denied HSBC's motion to dismiss for forum non conveniens but granted HSBC's motion to dismiss based upon forum selection clauses in confidentiality and indemnification agreements between the parties. The Supreme Court reversed in part, holding that HSBC's delay in asserting the forum selection clauses, while actively continuing litigation, resulted in a waiver of the right to rely upon that contractual provision. View "RMBS Recovery Holdings I, LLC v. HSBC Bank USA, N.A." on Justia Law

In this insurance coverage dispute, the Supreme Court reversed the judgment of the circuit court ruling in favor of Doswell Truck Stop, LLC (DTS) on DTS's declaratory judgment action against James River Insurance Company and entered final judgment declaring that an auto exclusion precluded coverage of James Smith's injuries under the policy at issue, holding that the trial court erred in ruling in favor of DTS.Smith filed a personal injury lawsuit against DTS for injuries he allegedly suffered as a result of a tire explosion that occurred when DTS was repairing a tire on Smith's tractor-trailer. DTS filed an insurance claim with James River, which had issued a commercial general liability policy to DTS. James River denied coverage on the basis that DTS's claim was precluded by the auto exclusion. DTS then filed this action seeking a determination of whether the policy covered Smith's injury. The circuit court ruled in favor of DTS. The Supreme Court reversed, holding (1) the circuit court erred determining that the auto exclusion was ambiguous with respect to the meaning of "maintenance" of an auto; and (2) the circuit court erred in ruling that an independent basis existed for coverage under the policy. View "James River Insurance Co. v. Doswell Truck Stop, LLC" on Justia Law