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MARTIN v. MARTIN

No error in trial court's denial of motion to modify spousal support based on its finding that there was no material change in circumstances to justify modification

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PRUITT v. COMMONWEALTH

Trial court did not err in excluding testimony regarding admissions made by appellant's son on ground of hearsay or in convicting appellant of two counts of causing his minor son to assist him in distributing marijuana

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HOWARD v. COMMONWEALTH

No error in conviction of grand larceny where evidence was sufficient to support conviction and trial court did not err in excluding evidence that a defense witness had filed a complaint against the lead investigator

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NEWSOME v. COMMONWEALTH

Trial court did not err in denying motion to suppress based on ground that evidence, which was obtained pursuant to a search warrant, was preceded and tainted by a protective sweep of residence

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HOPPE v. SCHOLZ

Summary affirmance - No error in ruling of trial court requiring appellants to pay $5,000 of appellee's attorney's fees

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ESTATE OF HACKLER v. HACKLER

No error in trial court's appointment of a conservator pursuant to Rule 4:12; as divorce action abated upon the death of husband, every proceeding ancillary to it was also abated and divested trial court of jurisdiction to make further determinations

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SHOOSMITH BROS., INC. v. COUNTY OF CHESTERFIELD

In a dispute concerning a county's tax assessment of real property used as a landfill, the trial court did not err in concluding that the taxpayer failed to show either that the county committed manifest error in assessing the property based on the income method or that the county ignored controlling evidence in determining the fair market value of the property. The judgment of the trial court is affirmed.

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FRAZIER v. COMMONWEALTH

The Court of Appeals did not err in upholding the defendant's conviction for aiding and abetting her boyfriend's failure to appear in court for his drug/weapons trial, or in ruling that defendant's own testimony, given at her boyfriend's trial for failure to appear, was admissible in her own case under Code § 19.2-270 because it was given in her own behalf as well as in her boyfriend's behalf. The judgment of the Court of Appeals upholding the defendant's conviction is affirmed.

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MICROSTRATEGY INC. v. LI

The chancellor did not err in holding that a corporate plaintiff failed to meet its burden of proving that the defendants, two former employees and one of plaintiff's indirect competitors, misappropriated certain alleged trade secrets within the meaning of the Virginia Uniform Trade Secrets Act. The chancellor's judgment is affirmed.

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JONES v. STATE FARM MUTUAL AUTO. INS. CO.

The trial court correctly held that territorial limitations of the defendants' automobile insurance policies pertaining to coverage for medical expenses are clear, unambiguous and reasonable and do not violate Code § 38.2-2201. The judgment of the trial court is affirmed.

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LOWE v. CUNNINGHAM

The trial court abused its discretion in denying plaintiff's motion for a mistrial in a personal injury case, where, on cross-examination, defense counsel deliberately and improperly posed an inherently prejudicial and irrelevant question to plaintiff regarding his past failure to pay child support. The trial court's judgment is reversed and the case is remanded for a new trial limited to the issues of damages.

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RINER v. COMMONWEALTH

The Court of Appeals did not err in affirming a judgment under which defendant was convicted for the first degree murder of his wife, arson of their marital home, and petit larceny. Issues pertaining to change of venue motions, use of a private attorney to assist a public prosecutor, admissibility of double hearsay evidence consisting of a statement made by the decedent to a co-worker recounting a death threat allegedly made by the defendant, admissibility of pawn shop transaction records, and sufficiency of the evidence supporting an arson conviction are discussed. The Court of Appeals' judgment, and the defendant's convictions, are affirmed.

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DEPT. OF MEDICAL ASSISTANCE SERV. v. BEVERLY HEALTHCARE

The Court of Appeals correctly held that Code § 2.2-4030(A) permits each prevailing party in a consolidated case contesting an agency action to recover up to $25,000 in attorneys? fees, and did not err in affirming the trial court's judgment that five claims brought by four healthcare providers were barred by the regulatory limitations period set by former 12 VAC § 30-90-131. The Court of Appeals' judgment is affirmed and the case remanded to the trial court for a determination of the reasonable attorneys? fees to be awarded each of the individual providers up to a maximum of $25,000.

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AMERICAN SAFETY CASUALTY INSURANCE CO. v. C.G. MITCHELL CONSTRUCTION, INC.

The circuit court did not err in entering judgment in favor of a payment bond claimant and against a surety in an action for recovery on the bond, where the surety had notice of the underlying breach of contract claim against its principal and the right and opportunity to defend its principal against such claim, but permitted a judgment by default to be taken against its principal on the underlying claim. Under these circumstances, the judgment by default was binding upon and conclusive as to the surety. The circuit court?s judgment is affirmed.

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FRIDAY-SPIVEY v. COLLIER

In a personal injury action arising from a collision between plaintiff's vehicle and a fire truck, the truck driver was not entitled to sovereign immunity. The crew was responding to a dispatch involving an infant locked in a vehicle but defendant knew this was a low priority dispatch and knew there was no danger. Defendant acknowledged that he was required to conform to all traffic laws. On these facts, he was not exercising judgment and discretion beyond that necessary in an ordinary driving situation - a ministerial act - and was not entitled to sovereign immunity for claims of alleged negligence. The judgment of the circuit court is reversed.

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LOFTON RIDGE LLC v. NORFOLK SOUTHERN RWY. CO.

The trial court erred in dismissing with prejudice, based on the doctrine of judicial estoppel, plaintiff?s suit for declaratory and injunctive relief concerning an easement across land owned by the defendant, where the parties in plaintiff's separate action against its attorneys and land surveyor were not the same as the parties in the present action. The judgment is reversed and the case is remanded for further proceedings.

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GAMACHE v. ALLEN

In an action for medical negligence, the circuit court erred by refusing to permit defendants to cross-examine plaintiff and his witnesses on certain issues relating to plaintiff's claim for damages. The portion of the judgment confirming the defendants' negligence is affirmed, and the case is remanded for a new trial limited to the issues of proximate causation and damages.

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GREATER RICHMOND TRANSIT CO. v. MASSEY

In a personal injury case arising out of the collision of a passenger vehicle and a city bus, the trial court properly permitted plaintiff to introduce an absent nonparty witness?s deposition into evidence under Rule 4:7(a)(4) where plaintiff was unable to obtain the witness's attendance by subpoena and there was no evidence that plaintiff had procured his absence, and correctly refused proposed instructions on contributory negligence where the record established that in rising from her seat as the bus approached her stop, plaintiff acted merely as an ordinary, reasonable passenger would have acted. The judgment is affirmed.

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POWELL v. COMMONWEALTH

Defendant's convictions for use of a firearm while committing three felonies in violation of Code § 18.2-53.1 were neither plainly wrong, nor without evidence to support them, despite evidence of defendant's actions during a robbery that conflicted with the inference that he had a gun, and evidence that no gun was seen or found. The trier of fact properly considered all the evidence. The judgment of the Court of Appeals affirming the defendant's convictions is affirmed.

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NORTON v. CITY OF DANVILLE

In an appeal from a denial of a certificate of appropriateness required under city architectural review ordinances, the trial court lacked jurisdiction to consider plaintiff?s challenges to the validity of the ordinances and incorrectly held that the city council's refusal to grant the certificate was a fairly debatable action where the council failed to meet its evidentiary burden to demonstrate that its action was reasonable. The judgment of the trial court is reversed.

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BRADDOCK v. BOARD OF SUPERVISORS

In a suit challenging a locality's rezoning decision, the trial court correctly ruled that plaintiff lacked standing to initiate the suit and that this defect could not be cured by adding of parties having standing after the 30-day statutory limitation period for challenging rezoning decisions set by Code § 15.2-2285(F) had expired. The judgment of the trial court is affirmed.

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GENERAL MOTORS CORP. v. COMMONWEALTH

The trial court erred in ruling that the Department of Taxation's interpretation of the term ?cost of performance,? as embodied in 23 VAC § 10-120-250, was not plainly inconsistent with the use of that term in Code § 58.1-418 for purposes of determining the Virginia taxable income of a financial corporation. The judgment of the trial court is reversed and the case remanded for entry of an appropriate order consistent with the views expressed in this opinion and the prior stipulations of the parties.

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ALLFIRST TRUST CO. v. COUNTY OF LOUDOUN

In an annexation case, a special three-judge court erred in ruling that defects in an initial annexation petition filed with the Commission on Local Government could not be cured by subsequent corrective filings, but correctly held that landowners seeking to initiate annexation proceedings under Code § 15.2-3203 concerning non-contiguous territories must, as a jurisdictional requirement, constitute 51% of the "owners of real estate in number and land area" within each separate territory. The special court's order dismissing the landowners' petition for failure to satisfy this requirement is affirmed.

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QUATANNENS v. TYRRELL

In a dispute over a narrow strip of land between adjoining landowners, the trial court erred in concluding that the plaintiffs failed to establish ownership of the disputed land by adverse possession, where the evidence showed that despite not knowing that their property did not in fact include the disputed land, plaintiffs and their predecessors in interest had used and enclosed the land and had constructed and maintained a portion of a room of their residence, a brick archway, and a walkway on it for a period of time satisfying the minimum period set by Code § 8.01-236. The judgment of the trial court is reversed and the case is remanded.

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HARLAND v. COMMONWEALTH

No error in trial court's refusal to suppress appellant's statements or in finding evidence sufficient to support convictions of two counts of aggravated sexual battery and one count of forcible sodomy

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COBBS v. COMMONWEALTH

Trial court did not err in admitting evidence of appellant's prior failure to appear for trial, admitting evidence of unrelated incidents of flight or in admitting statements made by appellant on those occasions

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TRAN v. COMMONWEALTH

Trial court did not err in ruling that witness did not waive his Fifth Amendment privilege against self-incrimination and was unavailable as a witness or in excluding as hearsay typewritten letter prepared by appellant and signed by witness

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IN RE: WILSON

Petition for writ of actual innocence dismissed where documentation accompanying petition indicates that petitioner pled guilty to the charges pursuant to a plea agreement

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MORRIS v. MORRIS

Trial court erred in equally distributing proceeds of sale of the former marital residence without conducting an evidentiary hearing

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DOLLAR GENERAL CORPORATION #0879 v. HARTLEY

Summary affirmance - No error in commission's denial of appellant's application to terminate award of disability benefits where it found appellee's termination was not for justified cause and was not tantamount to unjustified refusal of selective employment

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