Justia Virginia Supreme Court Opinion Summaries

These appeals presented the same question of law and were therefore considered together. The question presented involved the interplay between the Constitution of Virginia and Va. Code 18.2-308.2, relating to jurisdiction of the circuit courts to restore rights to ship, transport, possess or receive firearms to a person who has lost those rights by suffering a felony conviction. The question arose where the convicted person's political disabilities had subsequently been restored by the Governor. The Supreme Court reversed the judgments in both cases and remanded, holding (1) firearm rights may only be restored to a convicted felon by a permit issued by a circuit court; (2) the Fairfax County circuit court erred in ruling that the first defendant's petition must be denied because the Governor had not given him a full restoration of rights; and (3) the Buchanan County circuit court of erred in ruling that the second defendant's petition must be denied because the Governor, by excepting firearm rights from his order removing political disabilities, had placed a condition on the defendant's right to possess firearms that precluded the court from considering the defendant's petition. View "Gallagher v. Commonwealth" on Justia Law

Defendant was convicted of abduction with intent to defile and commission of a subsequent violent sexual assault and was sentenced to life imprisonment. Defendant appealed, contending that the trial court erred by denying his motion to suppress testimony of the police officers regarding their surveillance of Defendant on the evening of the attack. Defendant argued that the officers, without first obtaining a search warrant, unlawfully installed a GPS device on his vehicle and traced his movements through use of the device, and therefore, the officers' testimony was fruit of the poisonous tree of an unlawful search. The court of appeals affirmed the conviction. Before the appeal to the Supreme Court, the U.S. Supreme Court decided United States v. Jones, which held that the government's placement of a GPS tracking device on a vehicle and its use of that device to monitor the vehicle's movements was a violation of the Fourth Amendment. In this case, the Supreme Court affirmed the convictions, holding (1) the installation of the GPS device on Defendant's van, without a valid search warrant, constituted an unconstitutional search; but (2) the admission of the officers' testimony was harmless beyond a reasonable doubt. View "Foltz v. Commonwealth" on Justia Law

In this case the circuit court determined that Plaintiff, the prevailing party on both its claim for compensation under the contract and Defendant's counterclaim for Plaintiff's alleged breach of the contract, was entitled to only a nominal award of one dollar in attorneys' fees for its defense of the counterclaim because Defendant had a "good faith" basis for alleging the breach. The Supreme Court reversed the circuit court's judgment awarding one dollar in attorneys' fees and expenses to Plaintiff for its successful defense of Defendant's counterclaim and remanded the case for further proceedings to determine a proper award of attorneys' fees. Additionally, upon remand, the Court concluded Plaintiff may submit to the circuit court a claim for additional attorneys' fees, and the court shall award such fees and expenses it determines to be reasonable and necessary for the successful prosecution of this appeal and defense of Defendant's assignment of cross-error thereto. View "Dewberry & Davis, Inc. v. C3NS, Inc." on Justia Law

In these appeals the Supreme Court considered whether the Virginia Constitution provides for a cause of action by a landowner for inverse condemnation when the allegation of the complaint is that the landowner's property has been damaged by a diminution in value resulting from a public utility's construction and operation of an electrical transmission line for public use on nearby property. The trial court sustained the public utility's demurrers with prejudice, finding that because the complaints did not allege that the entire property had been rendered useless, and because the property had not lost all economic value, a damaging under the Constitution had not occurred. The Supreme Court affirmed, holding (1) the circuit court applied the wrong standard in reviewing the pleadings; but (2) under the proper standard, the complainants could not state a cause of action for declaratory relief for inverse condemnation when the sole damage alleged was a diminution in value arising from the public use of proximately located property, and therefore, the circuit court's judgment sustaining the demurrers was correct under the proper standard. View "Byler v. Va. Elec. & Power Co." on Justia Law

At issue in his case was whether the circuit court correctly determined that certain exchanges of e-mails between members of a local school board did not constitute a "meeting" within the meaning of Va. Code 2.2-3701 and, thus, did not violate the notice and open meeting requirements of the Virginia Freedom of Information Act (FOIA). The Supreme Court affirmed the judgment of the circuit court, holding (1) the court did not err in determining that the Board had not conducted an improper closed meeting in violation of the notice and open meeting requirements of the FOIA; and (2) the circuit court did not err in concluding that because the citizen requesting information under the FOIA had not substantially prevailed on the merits of the case, she was not entitled to an award of attorneys' fees and costs. View "Hill v. Fairfax County Sch. Bd." on Justia Law

Defendant Robert Charles Gleason, Jr. received two death sentences following pleas of guilty to capital murder in the killings of two fellow inmates, Harvey Grey Watson and Aaron Cooper. Although Defendant was found competent to waive appeal and did so, the Supreme Court conducted the required statutory review and affirmed the judgments of the circuit court, holding (1) the death sentences were not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the sentences were not excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. View "Gleason v. Commonwealth" on Justia Law

Defendant was indicted for aggravated malicious wounding and use of a firearm during an aggravated malicious wounding. During trial, the Commonwealth moved that the court declare a witness who claimed memory loss unavailable and admit the transcript of his preliminary hearing testimony. The court, relying on the court of appeals' decision in Jones v. Commonwealth, found the witness unavailable. Because the court ruled that the transcript was inadmissible, the court allowed Defendant's counsel at the hearing to testify about the witness's testimony. Defendant thereafter was convicted of both charges. The court of appeals affirmed. The Supreme Court reversed, holding that the trial court abused its discretion in declaring the witness unavailable, and the error was not harmless. Remanded. View "Turner v. Commonwealth" on Justia Law

In this case, Long Lane Associates Limited Partnership challenged ordinances adopted by the town council of the Town of Lessburg concerning property owned by an adjoining landowner. The challenged ordinances rezoned property owned by Cornerstone Chapel, amended the Town Plan to remove a portion of a public road, and approved a special exception to permit Cornerstone to operate a day care center on its property. The circuit court concluded that the amendment to the Town Plan was null and void, ruling that the Town lacked authority to approve Cornerstone's request to rezone its property or amend its zoning conditions without Long Lane's consent because Long Lane had a vested right in the completion of the road and the development set forth in the proffered conditions. The Supreme Court reversed, holding (1) Long Lane did not have vested rights in the zoning classification or land uses of its neighbor, even where the property was subdivided from a parcel which was rezoned subject to proffered conditions; and (2) Long Lane did not have a vested right in the construction of a road shown on the Town Plan, and the Town did not need Long Lane's consent to amend its plan. View "Town of Leesburg v. Long Lane Assocs." on Justia Law

Rosa Steward leased a home from Holland Family Properties. Rosa's son Dontral suffered lead poisoning as a result of his exposure to high levels of lead paint, which caused severe physical and mental impairments. Dontral, through his mother (Steward), filed a complaint against Holland and Jean Cross, the owner of property Dontral often visited. Both properties contained lead-based paint. Steward claimed that Defendants were liable for his injuries based on theories of negligence per se and common law negligence. The circuit court dismissed both counts on demurrer. At issue on appeal was whether Defendants, landlords subject to the Virginia Residential Landlord and Tenant Act (VRLTA), had a duty in tort to the tenants of leased properties to comply with building and housing codes concerning public health and safety. The Supreme Court affirmed, holding that a tort duty was not imposed on these landlords by the common law, the leases executed in this case, or the VRLTA. View "Steward v. Holland Family Props., LLC" on Justia Law

After a jury trial, Defendant was convicted of, inter alia, use of a firearm while committing burglary and participation in a criminal street gang. A divided panel of the court of appeals affirmed the convictions, concluding that the circuit court did not err by finding the evidence was sufficient to convict Defendant of gang participation. The Supreme Court reversed and dismissed Defendant's convictions for gang participation and for use of a firearm in the commission of burglary, holding (1) the circuit court erred in admitting certain evidence offered to support the conviction of criminal street gang participation, and therefore, the Commonwealth failed to prove an essential element of the crime; and (2) the evidence was insufficient to support the conviction for use of a firearm in commission of burglary. View "Rushing v. Commonwealth" on Justia Law