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STUMP v. COMMONWEALTH

Judgment of trial court affirmed where evidence supported jury's verdict of malicious wounding, limitation of cross-examination of nature of victim's prior convictions was harmless and no probability that had additional impeachment evidence been disclosed, it would have changed jury's verdict

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CAMPOS v. COMMONWEALTH

Judgment of trial court affirmed where Court finds appellant's issue of whether he could be convicted of attempted grand larceny of vehicle and grand larceny of contents of vehicle under single larceny doctrine barred by Rule 5A:18

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BALDWIN v. BALDWIN

No error in trial court's finding that the agreement of the parties predated the cohabitation bar of statute and appellant has no statutory right to terminate spousal support and as agreement does not authorize termination on cohabitation grounds, appellant has no contractual right to terminate spousal support

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WIDER v. COMMONWEALTH

Judgment of trial court affirmed where record fails to present affidavits appellant contends did not provide magistrate with probable cause to issue search warrant for his business

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WALKER v. COMMONWEALTH

Judgment of trial court convicting appellant of two counts of possession of cocaine and marijuana with intent affirmed where evidence proved appellant was aware of presence and character of the drugs and consciously possessed them

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HERNANDEZ v. PAO (54409)

Summary affirmance - This Court cannot address issue of whether trial court erred in dismissing as moot appeal of order which granted appellant's counsel's motion to withdraw where appellant did not preserve any issue with regard to support and visitation order

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EDMONDS v. COMMONWEALTH

Judgment of trial court affirmed where evidence sufficient to permit trial court to conclude that appellant acted as a principal in the second degree by aiding and abetting the sale of cocaine and marijuana from her residence

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MCBRAYER v. COMMONWEALTH

Judgment of trial court affirmed where evidence supported conviction of nonviolent escape from custody, a lesser-included offense of charge of escape by force or violence

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LLOYD v. LLOYD

Judgment of trial court affirmed where evidence supported reduction, not termination, of spousal support

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IN RE: BUI

Petition for writ of actual innocence dismissed where matters presented for consideration were matters that could have been raised on appellate review and petitioner has not demonstrated that no rational trier or fact could have found him guilty

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LENEAVE v. COMMONWEALTH

Judgment of trial court denying motion to withdraw guilty pleas affirmed where evidence supported finding that there was no honest mistake of material fact to support withdrawal of pleas

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IN RE: NEAL

Petition for writ of actual innocence dismissed where legal arguments advanced by petitioner are not "evidence" entitling him to relief under statute and certificate of analysis was not evidence previously unknown or unavailable to petitioner

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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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WHEELER v. COMMONWEALTH

Evidence was sufficient to support conviction of petit larceny where evidence proved appellant knew he did not have enough money or a valid credit card to pay tab at bar

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TEDFORD v. DEAN-BRYANT

Trial court exceeded its jurisdiction in sua sponte modifying amount of child support; trial court did not err in awarding attorney's fees to appellee, in declining to hold appellee in contempt or in assessing costs for part of guardian ad litem fees against appellant

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NEATROUR v. COMMONWEALTH

Trial court did not err in finding results of preliminary breath test admissible to determine probable cause or in finding evidence sufficient to support conviction of driving under the influence, third or subsequent offense; motion to suppress properly denied

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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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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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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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