Justia Virginia Supreme Court Opinion Summaries

In 2006, CPM Virginia, LLC entered into an agreement with MJM Golf, LLC for the sale of a golf course. In 2013, CPM filed suit against MJM claiming that MJM failed to pay in full the purchase price by the date identified in the promissory note. MJM counterclaimed, alleging that CPM had violated the warranty provisions of the agreement. The trial court concluded that CPM breached the warranty requirements in the contract by failing to place eighteen inches of topsoil on top of fly ash on the property, thus entitling MJM to disregard the promissory note. The trial court canceled the note and awarded MJM $694,357 in damages. The Supreme Court reversed, holding that the warranty provisions in the agreement did not require CPM to cover the fly ash with eighteen inches of topsoil, and therefore, the trial court erred as a matter of law in finding a breach of contract and awarding damages to MJM as a result. Remanded. View "CPM Virginia, LLC v. MJM Golf, LLC" on Justia Law

In 1992, Plaintiff was convicted of a felony drug offense. In 2006, Plaintiff applied to the Fairfax County School Board for a teaching position and disclosed her prior conviction on her application. The Board subsequently hired Plaintiff as a special education teacher. In 2012, the school system’s Assistant Superintendent for Human Resources determined that, pursuant to Va. Code 22.1-296.1(A), Plaintiff’s 2006 hiring had been in error because her conviction made her ineligible for employment by the Board. The Board subsequently filed a complaint seeking a declaratory judgment that section 22.1-296.1(A) made Plaintiff ineligible for hire. The circuit court entered an order declaring that the Board lacked authority to hire Plaintiff under section 22.1-296.1(A). The Supreme Court affirmed, holding that the Board lacked authority to make the contract, and therefore, the contract was void ab initio. View "Butler v. Fairfax County School Board" on Justia Law

Douglas Kozich pled guilty to one count of grand larceny and two counts of obtaining money by false pretenses. After a sentencing hearing, the court issued two-year active sentences, running consecutively, for each of the three offenses. Kozich later filed a petition seeking a writ of habeas corpus. At an evidentiary hearing on the petition, Kozich’s habeas counsel contended that Kozich’s trial attorney had provided ineffective assistance of counsel by failing to present a specific drug-treatment plan at the sentencing hearing as an alternative to incarceration and by failing to file a timely motion to reconsider the sentence. The habeas court vacated the sentencing orders, concluding that the failure to file a timely motion to reconsider and to ensure that the court had an opportunity to rule on it constituted ineffective assistance, and Kozich was prejudiced. The Supreme Court affirmed, holding that trial counsel’s failure to file a timely motion to reconsider the sentences and to ensure that the trial court had an opportunity to rule on it was objectively unreasonable, and this omission demonstrated prejudice. View "Dir. of Dep’t of Corr. v. Kozich" on Justia Law

Defendant pleaded guilty to thirty-three counts of taking indecent liberties with a child. Defendant later filed an amended petition for a writ of habeas corpus alleging that he was deprived of his right to effective assistance of counsel because his counsel failed to “prosecute” his appeal. After a hearing, the circuit court dismissed the petition for writ of habeas corpus, ruling that counsel was not deficient for failing to file a petition for appeal on Defendant’s behalf. The Supreme Court affirmed, holding that the circuit court’s finding was not plainly wrong or unsupported by credible evidence. View "Velasquez-Lopez v. Clarke" on Justia Law

Talmage Ricks was convicted of strangulation resulting in bodily injury in violation of Va. Code 18.2-51.6. In a separate criminal case, Edward Chilton was also convicted of strangulation resulting in bodily injury. Both defendants appealed, arguing that the evidence was insufficient to support their convictions. The Court of Appeals denied Ricks’ petition for appeal but reversed Chilton’s conviction and dismissed the indictment against him. The Supreme Court considered the two appeals together because they presented similar assignments of error regarding the wounding or bodily injury element necessary to prove the crime of strangulation in violation of section 18.2-51.6. The Supreme Court affirmed in both cases, holding that the Court of Appeals did not err in its findings regarding the sufficiency of the evidence to prove bodily injury. View "Ricks v. Commonwealth" on Justia Law

Mitchell Kambis owns John Rolfe Realty and Elegant Homes of Virginia (collectively, the Kambis parties). Kambis and April Considine formed and were the sole members of Villa Deste, LLC. Patricia Wolfe, Considine’s mother, later loaned money to Villa Deste for the purchase and development of real estate and the construction of a home that Considine and Kambis later occupied. Kambis eventually transferred his interest in Villa Deste and its assets to Considine for value received. Later, the Kambis parties filed a second and third amended complaint alleging several claims agains Considine, Villa Deste, and Wolfe (collectively, the Considine parties). After a complex procedural history, the Kambis parties eventually nonsuited their claims against the Considine parties. The trial court also granted the Considine parties’ motion for sanctions, ordering Kambis to pay $84,541 in sanctions. The Supreme Court affirmed the trial court’s award of sanctions, holding that the award of sanctions was properly based on the reasons enumerated in Va. Code 8.01-271.1. View "Kambis v. Considine" on Justia Law

Appellant entered Alford pleas of guilty to attempted carnal knowledge of a minor, indecent liberties with a minor, and related offenses. Appellant was sentenced to a total of thirty-five years of incarceration, with twenty-five years suspended, for a total time to serve of ten years. Appellant later filed a motion in the circuit court seeking a new sentencing hearing, alleging that his sentences for attempted carnal knowledge of a minor and use of a communications system to procure or promote certain sex offenses involving a minor exceeded the statutory maximum. The circuit court denied Appellant’s motion for a new sentencing hearing and entered an amended sentencing order. Under the amended sentencing order, Appellant was sentenced to a total of twenty-five years of incarceration, with fifteen years suspended, for a total time to serve of ten years. Appellant appealed the denial of his motion for a new sentencing hearing. The Supreme Court reversed, holding that a defendant convicted of a felony has a right to be personally present at a new sentencing hearing at which his sentence is modified so as not to exceed the maximum sentence provided by law. Remanded. View "Grafmuller v. Commonwealth" on Justia Law

Settlor established a revocable trust that designated his new wife and his only children, two sons from a previous marriage (the Sons), as beneficiaries. After Settlor died, the Trustee informed the Sons that she had decided that the Sons’ act of writing certain letters to an attorney and a beneficiary violated the Trust’s no contest clause. The Sons filed suit seeking a declaratory judgment that their conduct did not trigger the no contest clause. The Trustee demurred. The court overruled the demurrer and ruled that the Sons and their descendants were the rightful remainder beneficiaries of the Trust. The Supreme Court affirmed, holding that the circuit court did not err in denying the Trustee’s demurrer and in concluding that the Sons and their respective descendants were rightful beneficiaries of the Trust. View "Rafalko v. Georgiadis" on Justia Law

Petitioner, a lawful permanent resident of the United States, pled guilty to a single count of grant larceny. Petitioner was subsequently served with a notice to appear for removal proceedings under 8 U.S.C. 1227(a)(2)(A)(i). Petitioner filed a petition for a writ of habeas corpus asserting that her trial counsel had provided ineffective assistance because he failed to advise her of the immigration consequences of her plea. After a hearing, the circuit court denied the petition, finding (1) trial counsel adequately advised Petitioner of the immigration consequences of her guilty plea, and (2) alternatively, Petitioner failed to satisfy the prejudice prong of the ineffective assistance test under Strickland v. Washington because she did not show that she would have pled not guilty and proceeded to trial if she had received competent advice. The Supreme Court affirmed, holding that, on the facts of this case, the performance of Petitioner’s counsel satisfied the constitutional standard of reasonableness. View "Fuentes v. Clarke" on Justia Law

After a trial, Defendant, a contractor who had been hired by a homeowner to install a replacement liner in the homeowners’ swimming pool, was convicted of construction fraud. Defendant appealed, arguing that the evidence was insufficient to prove that he received a statutorily compliant letter from the homeowner demanding a return of an advance he had previously received from the homeowner. The Supreme Court reversed, holding that because the evidence failed to prove that the homeowners’ letter to Defendant made an unqualified demand for the return of the advance, Defendant’s conviction could not stand. View "Bowman v. Commonwealth" on Justia Law