Virginia Supreme Court Index

Thibault Enterprises v. Yost: Reasonableness Standard Applies to Objects in Easements

The Virginia Supreme Court reversed lower court rulings and held that easement holders cannot automatically prohibit all objects within the easement's defined width. Instead, the court adopted a reasonableness standard—objects are permissible so long as they do not actually obstruct the easement holder's use. The decision resolves a dispute between Thibault Enterprises and the Yost Living Trust over fences, hay bales, and grapevines placed alongside a gravel road within a 50-foot ingress/egress easement.

Stevens v. Jurnigan - Statute of Limitations Standard of Review

The Supreme Court of Virginia reversed the Court of Appeals and reinstated the Circuit Court of Sussex County's judgment granting pleas in bar in a civil case concerning childhood sexual abuse claims. The Court held that the Court of Appeals applied the wrong standard of review by reviewing the Circuit Court's factual findings de novo without deference. The case addresses the statute of limitations accrual under Virginia Code § 8.01-249 for claims arising from sexual abuse occurring during infancy.

Commonwealth v. Moncrea - Sentencing Order Validity

The Supreme Court of Virginia reversed the Court of Appeals, finding no error in the trial court's sentencing order for Frederick Lewis Moncrea. The appellate dispute concerned whether a supervised probation provision exceeding the statutory 5-year limit under Code § 19.2-303 rendered the sentencing order void ab initio. The Supreme Court resolved the matter on narrow grounds without reaching the void ab initio question.

Child Abuse Reporter Immunity Under Virginia Code § 63.2-1512

The Supreme Court of Virginia answered a certified question from the Fourth Circuit, holding that nonmandatory reporters who make good-faith complaints about suspected child abuse to law enforcement are NOT entitled to the civil liability immunity provided by Virginia Code § 63.2-1512. The immunity applies only to reports made to the Department of Social Services, not to reports made solely to law enforcement. The case arose from Cupp v. Delta Air Lines, Inc., involving a flight attendant's report to police during a flight that led to investigative detention of a passenger.

Mother Appeals Adoption Without Consent in Virginia

The Virginia Supreme Court is reviewing a mother's appeal against a lower court's decision to allow her child's adoption without her consent. The case centers on whether the mother's past substance abuse and non-compliance with court orders negate the need for her consent under Virginia Code § 63.2-1202(H). The court will affirm the lower courts' judgment.

Joseph Willis Lee, III Violated Conduct Rules

The Virginia Supreme Court affirmed a lower court's finding that attorney Joseph Willis Lee, III violated professional conduct rules by knowingly withholding exculpatory evidence from a criminal defendant. The court rejected Lee's arguments regarding improper notice of a prior disciplinary action and insufficient evidence.

Virginia Supreme Court Denies Motion to Clarify Stay Order

The Virginia Supreme Court denied a motion to clarify its previous stay order in Koski v. Republican National Committee. The Court clarified that its prior order to "promptly bring the case to closure" did not mean immediate final judgment before further proceedings, denying the motion to compel immediate final judgment or consolidation.

Virginia Supreme Court Reviews Election Referendum Order

The Virginia Supreme Court has granted a petition for review concerning a temporary restraining order (TRO) that halted proceedings for a referendum on a constitutional amendment. The Court stayed the TRO, finding it possessed characteristics of a preliminary injunction and thus fell within its appellate jurisdiction, while also affirming the principle that courts should generally not enjoin elections.

Virginia Supreme Court Defines Standard for Vacating Arbitration Awards

The Virginia Supreme Court has defined the standard for vacating arbitration awards based on 'evident partiality' under the Virginia Uniform Arbitration Act. The court held that a party must objectively demonstrate that a reasonable person would conclude the arbitrator's conduct signifies obvious bias. This ruling clarifies a key aspect of arbitration dispute resolution in Virginia.