Supreme Court of Virginia Court Cases

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  1. Higginbotham v. Commonwealth (1975)

    While Commonwealth must prove that beyond a reasonable doubt the accused was the perpetrator of the crime, Commonwealth need not affirmatively disprove all theories of innocence. Conviction will be sustained if evidence, though circumstantial, excluded every reasonable hypothesis of innocence. Jury could reasonably conclude from evidence that defendant was at scene of crime during ten minute period when robbery and murder were committed with no other person on the premises except the victim, [...]

    Court: Supreme Court of Virginia Docket: Record No. 741120
  2. Com. v. Hudson (2003)

    A jury found Louis Scott Hudson ("Hudson") guilty of the second-degree murder of his wife, Mary Donovan Hudson, known as "Mimi," and use of a firearm in the commission of the murder. In an unpublished opinion, the Court of Appeals reversed the judgment and dismissed the indictments. Hudson v. Commonwealth, No. 0917-01-4,2002 WL 1554484, 2002 Va.App. LEXIS 389 (Va.Ct.App. July 16, 2002). For the reasons stated, we will reverse the judgment of the Court of Appeals and reinstate the trial court's [...]

    Court: Supreme Court of Virginia Docket: 021891
  3. Tomko v. Michael's Plastering (1970)

    2. Carpenter, after installing heavy sheetrock for several days, developed unusual soreness of his back and pain in leg. Physician diagnosed as herniated disc. Evidence failed to show obvious, sudden, mechanical or structural change or that there was any causal connection between work-induced exertion and physical change experienced. No medical opinion presented to show that physical condition was work-connected.


    Court: Supreme Court of Virginia Docket: Record No. 7209
  4. Coleman v. Com. (1983)

    Tried by a jury under indictments charging him with the rape of Wanda Faye Thompson McCoy and with the willful, deliberate, and premeditated killing of the same victim during the commission of rape, capital murder as defined in Code § 18.2-31(e), Roger Keith Coleman was found guilty as charged. The jury fixed his punishment for rape at confinement in the penitentiary for life. In the second part of the bifurcated proceeding required by Code §§ 19.2-264.3 and -264.4 in the capital murder [...]

    Court: Supreme Court of Virginia Docket: Record No. 821816
  5. Fore v. Com. (1980)

    In a jury trial, Theodore G. Fore was convicted of burglary and sentenced to serve seven years in the penitentiary. We granted him a writ of error limited to the question whether his conviction was based upon evidence improperly seized in a warrantless search of an automobile.


    Court: Supreme Court of Virginia Docket: Record No. 790625
  6. Parks v. Com. (1980)

    Frank L. Parks, Sr., was tried before a jury and convicted on two indictments for grand larceny charging obtaining money by false pretenses, Code § 18.2-178. He was sentenced to serve twelve months in jail and fined $1,000 on each charge. In this appeal Parks challenges the admissibility of certain evidence which he contends should have been suppressed. He also claims the evidence was insufficient to support the verdicts and to prove he participated in the sale of stolen vehicles.


    Court: Supreme Court of Virginia Docket: Record No. 791727
  7. Riner v. Com. (2004)

    Charles Douglas Riner ("Riner") was convicted by a jury of the first degree murder of his wife, Karen Denise Riner ("Denise"), in violation of Code § 18.2-32; of arson, in violation of Code § 18.2-77; and of petit larceny in violation of Code § 18.2-96. The Court of Appeals of Virginia affirmed the convictions and the judgment of the Circuit Court of Wise County ("the trial court"). Riner v. Commonwealth, 40 Va.App. 440, 479, 579 S.E.2d 671, 691 (2003).


    Court: Supreme Court of Virginia Docket: 031299
  8. Bolden v. Com. (2008)

    Baraka Bolden was tried, without a jury, in the Circuit Court of the City of Hampton on October 19, 2005, upon indictments charging possession of cocaine with intent to distribute, possession of marijuana with intent to distribute, possession of a firearm while in possession of cocaine, possession of a concealed weapon, and possession of a firearm by a convicted felon. Bolden was convicted on all charges and sentenced to a total of 22 years' imprisonment with 12 years suspended.


    Court: Supreme Court of Virginia Docket: 070816
  9. Jay v. Com. (2008)

    These appeals involve a common question regarding the Court of Appeals' use of Rule 5A:20(e) to dismiss a petition for appeal, or a portion thereof, when an appellant does not comply with the rule's requirements. Because the provisions of Rule 5A:20(e) do not impose jurisdictional requirements, we conclude that the Court of Appeals erred in its application of the rule.


    Court: Supreme Court of Virginia Docket: 071432
  10. Powers v. Com. (1984)

    Defendant Ralph Durham Powers challenges the sufficiency of the evidence to support the jury's verdict convicting him of possession of LSD with intent to distribute in violation of Code § 18.2-248. Confirming the verdict, the trial court sentenced defendant to a 15-year penitentiary term and a fine of $5,000.


    Court: Supreme Court of Virginia Docket: Record No. 830302
  11. Morris v. Morris (1989)

    We consolidated for argument three workers' compensation appeals from the Court of Appeals of Virginia. Ordinarily, in cases originating before the Industrial Commission, a decision of the Court of Appeals is final, Code § 17-116.07(A)(2), but we granted appeals in these cases because they involve "matters of significant precedential value." Code § 17-116.07(B). The facts in the three cases differ substantially and will be separately described below. The cases, however, involve a common [...]

    Court: Supreme Court of Virginia Docket: Record Nos. 870592, 881394 and 881426
  12. Drew v. Com. (1986)

    We granted this appeal to consider whether the evidence was sufficient to support the defendant's conviction for possession of cocaine with intent to distribute in violation of Code § 18.2-248. The trial court, sitting without a jury, found the defendant guilty as charged and entered judgment imposing a sentence of 10 years' confinement in the penitentiary and a fine of $1,000.


    Court: Supreme Court of Virginia Docket: Record No. 840511
  13. Clay v. Com. (2001)

    In this appeal, we determine whether the trial court committed reversible error in (1) allowing certain evidence under the state-of-mind exception to the hearsay rule and (2) excluding certain testimony of a deputy sheriff.


    Court: Supreme Court of Virginia Docket: 002112
  14. Cheng v. Com. (1990)

    In separate indictments, Dung Quang Cheng, a/k/a John Cheng, was charged with the capital murder of Hsiang Liu,[1] Code § 18.2-31(a)[2] and -31(d);[3] with the abduction of Liu; with the robbery of Liu; with conspiracy to commit abduction, robbery, or murder; with the use of a firearm in the commission of robbery, abduction, or murder; and with the possession of a "sawed-off" shotgun. All indictments were tried together by the same jury.


    Court: Supreme Court of Virginia Docket: Record Nos. 891096 and 891098
  15. McCain v. Com. (2001)

    In this appeal, we consider 1) whether a police officer's search of a defendant and his automobile violated the defendant's Fourth Amendment rights; and 2) whether the evidence is sufficient to support the defendant's convictions.


    Court: Supreme Court of Virginia Docket: Record No. 001989
  16. Maxwell v. Com. (2008)

    In a jury trial, the defendant, Jayson Franklin Maxwell, was convicted of possession of cocaine with intent to distribute, third or subsequent offense, in violation of Code § 18.2-248, and possession of marijuana, in violation of Code § 18.2-250.1. The jury fixed the defendant's punishment at seven years in the penitentiary on the cocaine charge and thirty days in jail on the marijuana charge. The trial court imposed the sentences fixed by the jury and also imposed an additional one-year term [...]

    Court: Supreme Court of Virginia Docket: 070831
  17. Stamper v. Com. (1979)

    Under the procedure required by Code §§ 19.2-264.3 and -264.4, Charles Sylvester Stamper was convicted on November 17, 1978, of three capital murders during the commission of armed robbery in violation of Code § 18.2-31(d).[1] The jury fixed his punishment for each offense at death, as authorized by Code § 18.2-10(a), and the trial court, after receiving the report of the probation officer, required by Code § 19.2-264.5, entered judgment on February 9, 1979, upon the jury verdicts.

    Court: Supreme Court of Virginia Docket: Record No. 790292
  18. Derr v. Com. (1991)

    Norman Bruce Derr was tried by a jury and convicted of burglary of a dwelling house while armed with a deadly weapon, rape, forcible sodomy, and abduction. He was sentenced in accordance with the jury's verdicts to life imprisonment on the burglary conviction, to life imprisonment on the rape conviction, to life imprisonment on the sodomy conviction, and to ten years imprisonment on the abduction conviction.


    Court: Supreme Court of Virginia Docket: Record No. 910441
  19. Spencer v. Com. (1990)

    In this appeal, we review a capital murder conviction and a death penalty imposed upon Timothy Wilson Spencer. Recently, we have affirmed three other such convictions and sentences imposed upon Spencer which involve unrelated but strikingly similar crimes, reported as Spencer v. Commonwealth, 238 Va. 275, 384 S.E.2d 775 (1989), cert. denied, ___ U.S. ___, 110 S.Ct. 1171 and 110 S.Ct. 759, 107 L.Ed.2d 775 (1990) (Spencer I); Spencer v. Commonwealth, 238 Va. 295, 384 S.E.2d 785 (1989), cert. [...]

    Court: Supreme Court of Virginia Docket: Record Nos. 900001, 900002
  20. Stockton v. Com. (1984)

    In a bifurcated jury trial conducted pursuant to Code §§ 19.2-264.3 and 264.4, Dennis Waldon Stockton was convicted of capital murder for willful, deliberate, and premeditated killing for hire, Code § 18.2-31(b), and his punishment was fixed at death. Following a sentencing hearing, the trial court imposed the death sentence. We have consolidated the automatic review of Stockton's death sentence with his appeal from his conviction, Code § 17-110.1 and 110.1 F, and have given them priority [...]

    Court: Supreme Court of Virginia Docket: Record No. 831568

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