contours analysis in Virginia

2025Although government employees are not immune from claims of gross negligence, James v. Jane, 221 Va. 43, 53 (1980), the School Board itself benefits from immunity from suit, whether the claims involve simple negligence, gross negligence, or even intentional torts.

2024However, the Court in McCary also acknowledged in a footnote that “[a]n argument is sometimes made that the United States Supreme Court no longer requires exigent circumstances to justify a warrantless automobile search but instead requires only a showing of probable cause.” 228 Va. at 227 n.*.

2024In articulating the contours of the exception, many of these cases relied (at least in part) on the “ready mobility” of the vehicle—or, in other words, the “exigency” of the situation4 that would preclude obtaining a warrant—as a justification for the search. 4 The Court in Carroll stated that the automobile exception rested, at least in part, on the fact that “it is not practicable to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.” 267 U.S. at 153 . -7- The Supreme Court of Virginia stated, in 1984, “[u]nder

2006We succinctly addressed in Williams v. Commonwealth, 32 Va.App. 395 , 528 S.E.2d 166 (2000), the contours of the analysis required when a Confrontation Clause error occurs. *83 Constitutional error is harmless . . . only if "the beneficiary of the constitutional error. . . proves beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." Chapman v. California, 386 U.S. 18, 24 [, 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 ] (1967).

2006We succinctly addressed in Williams v. Commonwealth, 32 Va.App. 395 , 528 S.E.2d 166 (2000), the contours of the analysis required when a Confrontation Clause error occurs. *83 Constitutional error is harmless . . . only if "the beneficiary of the constitutional error. . . proves beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." Chapman v. California, 386 U.S. 18, 24 [, 87 S.Ct. 824, 828 , 17 L.Ed.2d 705 ] (1967).

2006"The test, therefore, is not whether laying aside the erroneously admitted evidence there was other evidence sufficient to convict beyond a reasonable doubt . . ., but, more stringently, `whether there is a reasonable possibility that the evidence complained of might have contributed to the conviction.'" Thompson v. Leeke, 756 F.2d 314, 316 (4th Cir.1985) (citation omitted).

2004See, e.g., Moore, 250 Va. at 424 , 463 S.E.2d at 460-61 (volunteer of charity is immune from liability to charity's beneficiaries while engaged in performance of charity's work); Straley, 243 Va. at 37 , 413 S.E.2d at 50-51 (community member only generally served by charity is not beneficiary); Weston, 131 Va. at 610 , 107 S.E. at 792 (one who pays for charity's services can be beneficiary of charity).

2004See, e.g., Moore, 250 Va. at 424 , 463 S.E.2d at 460-61 (volunteer of charity is immune from liability to charity's beneficiaries while engaged in performance of charity's work); Straley, 243 Va. at 37 , 413 S.E.2d at 50-51 (community member only generally served by charity is not beneficiary); Weston, 131 Va. at 610 , 107 S.E. at 792 (one who pays for charity's services can be beneficiary of charity).

2004See, e.g., Moore, 250 Va. at 424 , 463 S.E.2d at 460-61 (volunteer of charity is immune from liability to charity's beneficiaries while engaged in performance of charity's work); Straley, 243 Va. at 37 , 413 S.E.2d at 50-51 (community member only generally served by charity is not beneficiary); Weston, 131 Va. at 610 , 107 S.E. at 792 (one who pays for charity's services can be beneficiary of charity).

2004See, e.g., Moore, 250 Va. at 424 , 463 S.E.2d at 460-61 (volunteer of charity is immune from liability to charity's beneficiaries while engaged in performance of charity's work); Straley, 243 Va. at 37 , 413 S.E.2d at 50-51 (community member only generally served by charity is not beneficiary); Weston, 131 Va. at 610 , 107 S.E. at 792 (one who pays for charity's services can be beneficiary of charity).

2004See, e.g., Moore, 250 Va. at 424 , 463 S.E.2d at 460-61 (volunteer of charity is immune from liability to charity's beneficiaries while engaged in performance of charity's work); Straley, 243 Va. at 37 , 413 S.E.2d at 50-51 (community member only generally served by charity is not beneficiary); Weston, 131 Va. at 610 , 107 S.E. at 792 (one who pays for charity's services can be beneficiary of charity).

2004See, e.g., Moore, 250 Va. at 424 , 463 S.E.2d at 460-61 (volunteer of charity is immune from liability to charity's beneficiaries while engaged in performance of charity's work); Straley, 243 Va. at 37 , 413 S.E.2d at 50-51 (community member only generally served by charity is not beneficiary); Weston, 131 Va. at 610 , 107 S.E. at 792 (one who pays for charity's services can be beneficiary of charity).