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Turner v. Caplan

In a case concerning whether the pasturing of a horse within a residential subdivision either violated certain restrictive covenants and exceptions thereto set out in a recorded declaration, or constituted an enjoinable nuisance, the trial court erred in its interpretation of the legal effect of the covenants and exceptions. While it did not err in finding that a nuisance existed, the court erred in the scope of the remedy it prescribed on that basis. The case reversed in part and affirmed in part, and remanded to the trial court.

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Stottlemyer v. Ghramm

In a medical negligence action, the circuit court did not err in refusing to permit the plaintiff to cross-examine the defendant physician regarding alleged prior acts of negligence and misconduct. The judgment is affirmed.

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Rose v. Jaques

In a personal injury action, the trial court did not err in granting the parties the right to file, pursuant to Code § 8.01-428(C), a notice of appeal from an earlier order entering judgment, and therefore defendant's notice of appeal was timely filed. Issues concerning plaintiff's contributory negligence, the trial court's questioning of a witness, availability of damages for deposition-related stress, exclusion of evidence, propriety of closing argument, and excessiveness of the verdict are addressed. The judgment is affirmed.

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Friendly Ice Cream Corp. v. Beckner

In a suit to rescind a commercial lease amendment, the lessor was not entitled to a presumption of undue influence, and the chancellor erred in granting rescission based on such a presumption, where the record was insufficient to support either the finding that the lessor had a confidential relationship with the lessee's representative or that the amendment was either given in exchange for grossly inadequate consideration or was obtained under suspicious circumstances. The decree rescinding the lease amendment is reversed and final judgment is entered in favor of the lessee.

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Atkinson v. Penske Logistics, LLC

The trial court did not err in concluding that a waiver of uninsured motorist insurance coverage higher than the statutory minimum by a single named insured on a business vehicle insurance policy is binding upon all other named insureds on the policy under Code § 38.2-2206. The judgment is affirmed.

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Burns v. Warden (Order)

A portion of a prior order providing a limited grant of a Writ of Habeas Corpus is reinstated and the case is remanded to the circuit court for a jury determination of the petitioner's claim of mental retardation in accord with Code §§ 8.01-654.2, 18.2-10, 19.2-175, 19.2-264.3:1, 19.2-264.3:1.1, 19.2-264.3:1.2, 19.2-264.3:3, and 19.2-264.4.

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Horner v. Dept. of Mental Health

In an employment dispute involving an agency of the Commonwealth and one of its employees, resolved under a now-superseded version of the statutory provisions governing grievances and the powers of the first-level respondent to afford relief, the legislature provided the employee with the substantive right to be afforded a remedy by the first-level respondent. Once the employee accepted the remedy, the statutory scheme at the time precluded management from contesting the decision. The judgment of the Court of Appeals is reversed, and the judgment of the circuit court is reinstated. The case is remanded.

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Etherton v. Doe

The trial court erred in striking the plaintiff's evidence with respect to counts charging assault and willful and wanton conduct in a case arising from a non-contact altercation between the drivers of two automobiles. The judgment is reversed and the case is remanded for trial on both theories.

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Jaccard v. Commonwealth

Because a prior probation revocation is not admissible in the penalty determination phase of a bifurcated criminal jury trial as part of ?the record of conviction? of the defendant?s ?prior criminal convictions? pursuant to Code § 19.2-295.1, the judgment of the Court of Appeals to the contrary is reversed, and the case is remanded for a new sentencing hearing.

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Green v. Goodman-Gable-Gould Co.

The circuit court erred in going forward with trial of a declaratory judgment proceeding because the relief requested was a determination of a disputed issue rather than an adjudication of the parties? rights, and should have been litigated in a breach of contract action. The judgment is reversed and the case is dismissed.

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Harvey v. Warden (Order)

A petition for a writ of habeas corpus challenging the validity of a post-trial certificate of DNA analysis and related test results pursuant to Code § 19.2-327.1 is dismissed for lack of jurisdiction. Subsection G of that Code section expressly states that an action under this section shall not form the basis for relief in any habeas corpus proceeding or any other appeal.

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Schlimmer v. Poverty Hunt Club

In a personal injury suit arising from an accidental shooting at a hunt club, the trial court erred in failing to instruct the jury on the doctrine of negligence per se. The judgment is reversed and the case is remanded for a new trial.

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Carter v. Meadowgreen Associates

Under applicable federal and state law relating to tenancy in an apartment subject to rent subsidization by the federal Department of Housing and Urban Development, a tenant's family member, residing in leased property with the consent of the landlord, does not succeed to the tenant's rights under the lease upon the death of the tenant.

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Cook v. Commonwealth

Under Code § 16.1-271, the juvenile and domestic relations district court lacks jurisdiction over a juvenile who has previously been certified to the circuit court and indicted by a grand jury as an adult on charges that were later nolle prosequied. The circuit court's refusal to dismiss subsequent charges against the present defendant was correct. The judgment of conviction is affirmed.

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Quadros & Associates v. City of Hampton

The circuit court did not err in granting summary judgment in a breach of contract action where the terms of the agreement were plain and unambiguous, and did not require the defendant city to provide to the plaintiff law firm either a specific quantity of work or certain information that would facilitate the timely completion of such work. The judgment is affirmed.

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Walker v. American Ass'n of Prof. Eye Care Specialists

The trial court erred in concluding that an attorney, by delivering to the trial court clerk's office a pleading signed by a pro se plaintiff, became "counsel of record." The court erred in dismissing the motion for judgment with prejudice for being improperly signed by the individual party. The judgment is reversed and the motion for judgment is reinstated on the trial court's docket. The case is remanded.

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Gray v. Rhoads

In a case arising from the fatal shooting of plaintiff's decedent by a police officer, the circuit court erred by refusing to allow plaintiff to introduce into evidence the transcripts of audio-recorded statements by certain police officers as party admissions in the plaintiff?s case-in-chief. The judgment is reversed and the case is remanded for a new trial.

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Commonwealth v. Sanchez

The Court of Appeals erred in finding that a hit-and-run defendant's conclusory proffer in support of a request for additional funds to secure trial testimony from a DNA expert showed the required ?particularized need.? The trial court did not abuse its discretion in denying the defendant's request. The judgment of the Court of Appeals is reversed and defendant?s conviction is reinstated.

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Barrett v. Commonwealth

The evidence was sufficient to sustain the defendant's conviction under Code § 18.2-371.1(A) of a Class 4 felony for criminal neglect of her ten-month-old son, resulting in his death, and her conviction pursuant to Code § 18.2-371.1(B) of a Class 6 felony for criminal neglect of her daughter, aged two years and ten months. Changes in the charges after a prior reversal of her convictions were not shown to be vindictive, and the trial court correctly refused to quash the additional indictment. The convictions are affirmed.

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Deecheandia v. COMMONWEALTH

The evidence supported the trial court's inference that appellant believed he was corresponding via the internet, and thus attempting to expose himself to, a child.

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SMITH v. SMITH

The court erred in refusing to enforce the prenuptial agreement, but finding no fault with the court's distribution of the martial home or award of fees.

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HUDGINS v. COMMONWEALTH

Appellant's acquittal on the robbery indictment acted as an acquittal of the lesser-included offense of larceny and the Double Jeopardy Clause barred the subsequent attempt to convict appellant of grand larceny from the person.

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EMERSON v. COMMONWEALTH

Evidence presented is sufficient to prove beyond a reasonable doubt that appellant possessed the cocaine with the requisite intent to distribute it.

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CARWLEY v. FORD

Without evidence, or a proper record of proceedings during which the agreement was made, this Court simply cannot conduct an examination of the circumstances in order to determine whether the trial court erred.

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Johnson v. Johnson

The trail court determined that husband did not meet his burden of proof and accordingly denied his motion to abate spousal support.

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EDMONDS v. COMMONWEALTH

Because the trial court did not indicate that it was taking judicial notice of the fact that the warrant gave appellant notice of the hearing, it deprived her of the "opportunity to be heard either to dispute the 'fact' or to object to the court's action."

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LEWIS v. COMMONWEALTH

Trial court did not err in failing to grant mistrial or in overruling objection to improper impeachment testimony; one count of attempted robbery is reversed and dismissed as evidence not sufficient to sustain conviction

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