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DAVENPORT v. G.D.C., INC.

Trial court applied an incorrect standard in making its determination; the trial court was required to determine under the Virginia Overhead High Voltage Line Safety Act whether the hazard was "open and obvious" and whether G.D.C., Inc. "knew or should have known of the problem [or practice or condition] on the worksite that resulted in [employee's] death."

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DANIEL v. COMMONWEALTH

The trial court did not err in concluding that an assault and battery charge taken under advisement for one year, and later dismissed, was not ?otherwise dismissed? as contemplated by Code § 19.2-392.2(A)(2), and it properly denied a petition for expungement on that ground. Further, the statute does not contemplate a hearing to permit the petitioner to assert his innocence of the original criminal charge. The judgment is affirmed.

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WINSTON v. COMMONWEALTH

No error is found in review of three counts of capital murder and related felony convictions. Issues concerning appointment of defense experts, seating and removal of jurors, admission of evidence, in-court identification testimony, jury instructions and verdict forms, malice, concerted action/joint participation, depravity of mind, lesser included offenses, as well as sufficiency of the evidence, double jeopardy, and mental retardation issues are considered. Sentence proportionality issues are also addressed. The defendant's convictions and death sentences are affirmed.

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AMSTUTZ v. EVERETT JONES LUMBER CORP.

In two collected suits involving asserted prescriptive easement rights over a roadway on private land, there was not credible evidence to support the circuit court finding that a lumber company and an adjoining landowner had established such an easement under the clear and convincing evidence standard. Use of the roadway was not of sufficient continuity to give notice to the owners of the putative servient tenement that an easement was being exercised for agricultural, forestry, timbering or logging purposes. The judgment of the circuit court granting the prescriptive easement is reversed.

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TUCKER v. COMMONWEALTH

Because under Code § 18.2-102 the crime of unauthorized use of a motor vehicle is committed upon the ?use? of a vehicle without the owner?s consent, regardless of whether initial possession of the vehicle was obtained by a trespassory taking, the Court of Appeals' judgment allowing defendant's conviction for this offense to stand is affirmed.

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PARR v. ALDERWOODS GROUP, INC.

Several contemporaneously executed contracts relating to the acquisition of a funeral home business are treated as integrated in determining the enforceability of various provisions in the contracts after one party's default. The noncompetition provisions in a business management agreement and restrictive covenants in a related lease were unenforceable by a party which had defaulted on its payment obligations in the transaction. The judgment is affirmed in part, reversed in part, and final judgment is entered.

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CITY OF MARTINSVILLE v. COMMONWEALTH BOULEVARD ASSOCIATES, LLC

A taxpayer is entitled to relief under Code § 58.1-3984 for real estate taxes erroneously assessed during the interim between general reassessments, and may challenge an annual levy of taxes without showing that the previous general reassessment, upon which the annual levy was based, was erroneous. An order reducing an assessment is affirmed.

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INOVA HEALTH SYSTEM v. GRANDIS

The circuit court erred in adjudicating matters concerning involuntary commitment of a patient to a hospital where the 180-day period of commitment permitted under Code § 37.1-67.3 had expired well before the court's challenged order was entered, and no further involuntary commitment petition had been filed. Under these circumstances, the court no longer had jurisdiction to adjudicate these matters. The judgment of the circuit court imposing certain requirements and an obligation to care for the patient upon the hospital is reversed and the hospital is dismissed from the proceeding.

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MCCLOSKEY v. KANE

The trial court erred in dismissing a wrongful death action against an emergency medical care provider at a state mental hospital based upon the doctrine of sovereign immunity. The Commonwealth's interest and involvement in the defendant doctor's functions was slight and its control limited. Therefore, defendant was not entitled to the protection of the doctrine of sovereign immunity from liability for his alleged negligent acts in treating the decedent, and the trial court erred in sustaining the defendant's plea of sovereign immunity. The judgment is reversed and the case is remanded for further proceedings.

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ALDERWOODS GROUP, INC. v. PARR

Several contemporaneously executed contracts relating to the acquisition of a funeral home business are treated as integrated in determining the enforceability of various provisions in the contracts after one party's default. The noncompetition provisions in a business management agreement and restrictive covenants in a related lease were unenforceable by a party which had defaulted on its payment obligations in the transaction. The judgment is affirmed in part, reversed in part, and final judgment is entered.

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BILLUPS v. CARTER

In two related actions under 42 U.S.C. § 1983 alleging assault and battery by a prison employee who demanded unconsented sexual conduct, the trial court erred in sustaining the defendants? demurrers, pleas and motions to dismiss, dismissing the actions on statute of limitations and exhaustion of administrative remedies grounds, and denying a plaintiff?s motion to add the Commonwealth as a party defendant. The final orders in both cases are reversed and the cases are remanded to the trial court for further proceedings.

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UNION OF NEEDLETRADES v. JONES

In a common law defamation action by a former local union administrator against the union, the trial court erred in failing to grant the defendant union's motion to strike the evidence where the plaintiff failed to establish that an allegedly defamatory statement regarding indications of "financial malpractice" at the local union, made in a resolution adopted by the union's general executive board and sent to the officers of the local union, was false. The judgment of the trial court is reversed and final judgment entered for the defendant.

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SMITH v. IRVING, et al.

In the trial of a medical malpractice action in which the jury returned a verdict for the defendant physician, the circuit court did not abuse its discretion in refusing to permit the plaintiff to cross-examine the defendant regarding ?standard of care? issues not addressed by the defendant's testimony on direct examination. The judgment is affirmed.

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BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. BOARD OF ZONING APPEALS OF FAIRFAX COUNTY, et al.

The circuit court correctly determined that a county board of supervisors had standing under Code § 15.2-2314 as a "person aggrieved" to seek reversal of a variance granted by the county's board of zoning appeals. However, because the applicable zoning restrictions did not interfere with all reasonable beneficial uses of the property at issue, that court erred in concluding that the variance was properly granted. The judgment is affirmed in part, reversed in part, and the case is remanded for entry of an order vacating the variance.

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COWAN v. HOSPICE SUPPORT CARE

The circuit court erred in sustaining a plea of charitable immunity to pleadings alleging gross negligence as well as willful and wanton negligence committed by volunteers of the defendant charity, a residential hospice facility. The public policy rationale shielding a charity from liability for acts of simple negligence does not extend to acts of gross negligence or acts of willful and wanton negligence. The judgment is reversed and the case is remanded.

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LINDEMAN v. LESNICK

In a defamation case, the trial court did not err in refusing to strike the evidence based on a claim that the defamatory statements were made by a workers' compensation award recipient to his counsel, long after the award of benefits was finalized. The judgment for the plaintiff is affirmed.

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COMMONWEALTH v. NORMAN

Sufficient evidence existed supporting a defendant's conviction for operating a motor vehicle after having been declared a habitual offender, second or subsequent offense, in violation of Code § 46.2-357, where a prior order issued by the circuit court restoring the defendant?s privilege to operate a motor vehicle on the condition that he fulfill certain requirements did not terminate his habitual offender status. The judgment of the Court of Appeals invalidating defendant's conviction and dismissing the indictment is reversed, and the defendant's conviction is reinstated.

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AUSTIN v. COMMONWEALTH

The Court of Appeals correctly upheld the circuit court's denial of a juvenile's motion to dismiss parole revocation proceedings because under Code § 16.1-241 the circuit court acquired subject matter jurisdiction over the matter upon the juvenile's appeal from the juvenile and domestic relations court, and the circuit court retained such jurisdiction under Code § 16.1-297 at the time when the parole revocation proceedings were initiated. The Court of Appeals' judgment is affirmed.

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HALIFAX CORPORATION v. WACHOVIA BANK

In a case seeking to impose liability upon a bank relating to embezzlement of an account holder's corporate funds by its own comptroller, the trial court did not err in granting summary judgment for the defendant bank because Code § 8.3A-406 does not create an affirmative cause of action, the plaintiff's common law claim for conversion has been displaced by Code § 8.3A-420(a), and plaintiff failed to allege sufficient facts to state a cause of action for aiding and abetting the embezzler's breach of fiduciary duty, assuming such an action exists. The judgment is affirmed.

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PEYTON v. COMMONWEALTH

The trial court abused its discretion in revoking the suspended sentence of a defendant who had been placed in an alternative sentencing program pursuant to Code § 19.2-316.2 and who was unable to complete that program due to an unforeseen medical condition. Such inability does not satisfy the definition of "intractable behavior" under the statute and in this case cannot reasonably be considered willful behavior on defendant's part. The judgment of the Court of Appeals affirming the trial court's revocation of defendant's suspended sentence is reversed and the case remanded for further proceedings.

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CITY OF CHESAPEAKE v. CUNNINGHAM

In a case concerning a municipality's liability for injuries allegedly caused by consumption of contaminated municipal drinking water, the trial court erred in denying the municipality's sovereign immunity plea. Planning and design decisions regarding upgrading of a water treatment plant and dissemination of information to the public regarding temporary health hazards associated with consuming municipal drinking water during the upgrade process were governmental functions of the municipality. The judgment of the trial court is affirmed in part, reversed in part, and final judgment is entered in the municipality's favor.

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CUNNINGHAM v. CITY OF CHESAPEAKE

In a case concerning a municipality's liability for injuries allegedly caused by consumption of contaminated municipal drinking water, the trial court erred in denying the municipality's sovereign immunity plea. Planning and design decisions regarding upgrading of a water treatment plant and dissemination of information to the public regarding temporary health hazards associated with consuming municipal drinking water during the upgrade process were governmental functions of the municipality. The judgment of the trial court is affirmed in part, reversed in part, and final judgment is entered in the municipality's favor.

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NELSON v. COMMONWEALTH

In a prosecution for sexual offenses against a minor, the Court of Appeals did not err in ruling that the trial court correctly reviewed sensitive medical records of the victim in camera and properly refused to allow examination of the records by the defendant, and the Court of Appeals did not err in ruling that the trial court correctly declined to conduct a hearing regarding allegations of a juror's possible bias. The judgment is affirmed.

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CHANDLER v. GRAFFEO

In a medical malpractice case, the trial court erred in admitting a medical malpractice review panel's opinion favoring the defense and testimony of its members into evidence when that opinion was not timely rendered under Code § 8.01-581.7:1, permitting two panel members to testify as experts for the defense, granting jury instructions on the issue of contributory negligence, and allowing the defendant physician to recite the out-of-court opinion of a non-testifying physician as to the applicable standard of care. The judgment is reversed and the case remanded for further proceedings.

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COVIL v. COMMONWEALTH

The circumstances properly considered by the trial court were sufficient to support defendant's conviction for grand larceny resulting from possession of recently stolen property. The judgment of the Court of Appeals upholding the conviction is affirmed.

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JACKSON v. COMMONWEALTH

Trial court did not err in finding Code Section 4.1-322 does not violate Eighth or Fourteenth Amendments and in convicting appellant of possession of alcohol by an interdicted person

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SMITH v. COMMONWEALTH

Trial court did err in finding evidence was sufficient to prove appellant's operator's license was revoked and that appellant had notification of that revocation as required by statute

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MONTAGUE v. COMMONWEALTH

No error in trial court's finding that evidence was sufficient to prove appellant committed forcible sodomy through the use of force, threat or intimidation

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ELDER v. COMMONWEALTH

Trial court did not err in denying appellant's motion to suppress evidence as Court finds evidence was obtained pursuant to a proper custodial arrest

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ANDERSON v. ANDERSON

Summary affirmance - trial court did not err in allowing use of depositions, in equitable deistribution of parties' property, and refusing to allow appellant to provide rebuttal evidence

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HOLLEY v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to convict appellant for attempted malicious wounding of a law enforcement officer

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TAYLOR v. COMMONWEALTH

Trial court did not err in denying appellant's motion to be sentenced under 2003 amended version of Code Section 18.2-308.4 rather than version in effect at time of offense

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CORBIN v. COMMONWEALTH

Trial court did not err in finding appellant guilty of driving under the influence; trial court erred in not considering Code Section 46.2-398 and matter remanded to trial court for appropriate action

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BROWN v. BROWN

Summary affirmance - no error in trial court's award in spousal support and attorney's fees to appellee

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GARRETT v. GARRETT

No error in trial court's finding various promissory notes unenforceable and in refusing to classify the debts represented by those notes as appellant's separate property

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KELSON v. COMMONWEALTH

No error in trial court's denial of motion to suppress where appellant's arrest for trespassing was neither unconstitutional nor illegal and drugs were found as result of search while in jail

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MCGUIRE v. FREDERICK COUNTY DEPARTMENT OF SOCIAL SERVICES

Evidence was sufficient to support trial court's finding that termination of appellant's parental rights to her two minor children was in their best interests and that not reasonably likely that conditions resulting in the abuse and neglect could be substantially eliminated within a reasonable period of time

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