Virginia Case Commentaries

Virginia Supreme Court Establishes Rigorous Standards for Admissible Mitigating Evidence in Noncapital Felony Sentencing

Date: Jan 9, 1999

Virginia Supreme Court Establishes Rigorous Standards for Admissible Mitigating Evidence in Noncapital Felony Sentencing Introduction In the landmark decision of Commonwealth of Virginia v. Vernon...

Affirmation of Exposure to Cold as 'Injury by Accident' under Virginia Workers' Compensation Act

Date: Jan 9, 1999

Affirmation of Exposure to Cold as 'Injury by Accident' under Virginia Workers' Compensation Act Introduction Southern Express, et al. v. Clara Louise Green (257 Va. 181) is a pivotal case...

Contractual Obligations as Sole Duty in Fraud Claims: Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc.

Date: Nov 7, 1998

Contractual Obligations as Sole Duty in Fraud Claims: Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc. Introduction The case of Richmond Metropolitan Authority v. McDevitt Street Bovis,...

Affirmation of Sufficient Evidence for Criminal Intent in Grand Larceny: Commonwealth of Virginia v. Michael W. Taylor

Date: Nov 7, 1998

Affirmation of Sufficient Evidence for Criminal Intent in Grand Larceny: Commonwealth of Virginia v. Michael W. Taylor Introduction The case of Commonwealth of Virginia v. Michael W. Taylor (256 Va....

Gloucester County Dept. of Social Services v. Kennedy: Establishing Procedures for Release of Unfounded Child Abuse Investigation Records

Date: Nov 7, 1998

Gloucester County Dept. of Social Services v. Kennedy: Establishing Procedures for Release of Unfounded Child Abuse Investigation Records Introduction In Gloucester County Department of Social...

Clarifying 'Occupied' vs 'Unoccupied' Dwelling in Virginia Arson Law: Marable v. Commonwealth

Date: Jun 17, 1998

Clarifying 'Occupied' vs 'Unoccupied' Dwelling in Virginia Arson Law: Marable v. Commonwealth Introduction William I. Marable v. Commonwealth of Virginia is a pivotal case adjudicated by the Court of...

Enhanced Liability of Depositary Banks in Double Forgery Cases Under UCC §§8.3A-404 & -405

Date: Jun 6, 1998

Enhanced Liability of Depositary Banks in Double Forgery Cases Under UCC §§8.3A-404 & -405 Introduction The case of Gina Chin Associates, Inc. v. First Union Bank, adjudicated by the Supreme Court of...

Establishing Causal Connection in Murder Cases: Commonwealth of Virginia v. Antwan R. Jenkins

Date: Apr 18, 1998

Establishing Causal Connection in Murder Cases: Commonwealth of Virginia v. Antwan R. Jenkins Introduction Commonwealth of Virginia v. Antwan R. Jenkins, 255 Va. 516 (1998), is a landmark case...

Constructive Possession and Due Process: WALTON v. COMMONWEALTH of Virginia

Date: Feb 28, 1998

Constructive Possession and Due Process: WALTON v. COMMONWEALTH of Virginia Introduction WALTON v. COMMONWEALTH of Virginia, 255 Va. 422 (1998), is a seminal case addressed by the Supreme Court of...

Cost-Imposition on Indigent Defendants: Insights from Carla Jean Ohree v. Commonwealth of Virginia

Date: Jan 14, 1998

Cost-Imposition on Indigent Defendants: Insights from Carla Jean Ohree v. Commonwealth of Virginia Introduction In Carla Jean Ohree v. Commonwealth of Virginia, the Court of Appeals of Virginia...

Supinger v. Stakes: Affirming Plaintiff Consent in Additur to Protect Jury Trial Rights

Date: Jan 10, 1998

Supinger v. Stakes: Affirming Plaintiff Consent in Additur to Protect Jury Trial Rights Introduction Lori Ann Supinger v. Gloria Stakes is a landmark case adjudicated by the Supreme Court of Virginia...

Constructive Possession and Warrantless Searches: Insights from Archer v. Commonwealth of Virginia

Date: Nov 11, 1997

Constructive Possession and Warrantless Searches: Insights from Archer v. Commonwealth of Virginia Introduction Jarrod R. Archer v. Commonwealth of Virginia is a pivotal case decided by the Court of...

Strict Adherence to Contract Terms in Demurrer Considerations: Insights from Ward's Equipment, Inc. v. New Holland North America, Inc.

Date: Nov 1, 1997

Strict Adherence to Contract Terms in Demurrer Considerations: Insights from Ward's Equipment, Inc. v. New Holland North America, Inc. Introduction Ward's Equipment, Inc., et al. v. New Holland North...

Strict Enforcement of Rule 5A:18: Implications from Ronald Eugene Redman v. Commonwealth of Virginia

Date: Jul 16, 1997

Strict Enforcement of Rule 5A:18: Implications from Ronald Eugene Redman v. Commonwealth of Virginia Introduction Ronald Eugene Redman v. Commonwealth of Virginia is a pivotal case decided by the...

Enhanced Standards for Relying on Anonymous Tips in Investigatory Stops: McGEE v. COMmonwealth of Virginia

Date: Jul 9, 1997

Enhanced Standards for Relying on Anonymous Tips in Investigatory Stops: McGEE v. COMmonwealth of Virginia Introduction Douglas McGee, Jr. faced legal proceedings in the Court of Appeals of Virginia...

Material Breach and Nonperformance: Upholding Contractual Obligations in Horton v. Horton

Date: Jun 7, 1997

Material Breach and Nonperformance: Upholding Contractual Obligations in Horton v. Horton Introduction Anna Lee Horton v. Howard P. Horton, 254 Va. 111 (1997), is a significant case adjudicated by...

Admissibility of Child Testimony and Standards for Criminal Negligence: Greenway v. Commonwealth of Virginia

Date: Jun 7, 1997

Admissibility of Child Testimony and Standards for Criminal Negligence: Greenway v. Commonwealth of Virginia Introduction Greenway v. Commonwealth of Virginia (254 Va. 147, 1997) is a pivotal case...

Expansion of Victim Impact Evidence Admissibility in Capital Sentencing: Christopher Beck v. Commonwealth of Virginia

Date: Apr 19, 1997

Expansion of Victim Impact Evidence Admissibility in Capital Sentencing: Christopher Beck v. Commonwealth of Virginia Introduction Christopher Beck v. Commonwealth of Virginia, 253 Va. 373 (1997), is...

Carmack Amendment and Venue in Interstate Common Carrier Liability: Insights from HAIRSTON MOTOR COMPANY v. WILLIAM E. NEWSOME, JR.

Date: Jan 11, 1997

Carmack Amendment and Venue in Interstate Common Carrier Liability: Insights from HAIRSTON MOTOR COMPANY v. WILLIAM E. NEWSOME, JR. Introduction The case of Hairston Motor Company v. William E....

Gross Negligence Standard for Municipal Liability in Recreational Facilities: Chapman v. City of Virginia Beach

Date: Sep 14, 1996

Gross Negligence Standard for Municipal Liability in Recreational Facilities: Chapman v. City of Virginia Beach Introduction Linda Chapman, et al. v. City of Virginia Beach is a landmark case decided...