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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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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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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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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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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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IN RE: RHODES

Petition for writ of actual innocence dismissed where petitioner's argument pertains to the legal effect to his case of one of this Court's opinions issued subsequent to his conviction rather than previously unknown or unavailable non-biological evidence

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RIFFLE v. COMMONWEALTH

No error in trial court's refusal to set aside the verdict where appellant alleged witness gave opinion testimony on the credibility of the child victim

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OUSJI v. RESIDENCE INN, et al.

Summary affirmance - No error in termination of appellant's open award on grounds that she unjustifiably refused selective employment and unjustifiably refused medical treatment

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IN RE: WALKER

Petition for writ of actual innocence dismissed as two psychological reports upon which petitioner bases his claim were known to and provided to petitioner's trial attorney at the time convictions became final in the trial court

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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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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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CONAHAN-BALTZELLE v. BALTZELLE

Summary affirmance - Trial court did not err in refusing to award appellant a divorce on ground of adultery, in awarding appellee the family dog and certain personal property or in denying her motion for attorney's fees

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NICE v. DON PABLOS MEXICAN KITCHEN, et al.

No error in commission's findings that appellant's fibromyalgia was not causally related to work incident, that injuries from incident did not aggravate pre-existing back condition and that evidence did not prove claimant suffered a brain injury as direct result of work incident

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MERRITT v. GRAY

No error in trial court's finding that appellants failed to prove a material change in circumstances sufficient to warrant modification of 1995 consent order allowing grandmother specified visitation

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TOWNSEND v. COMMONWEALTH

No reversible error in trial court's refusal to strike a prospective juror for cause and in admitting evidence of prior bad acts committed by appellant three and four years earlier

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WHITE v. WHITE

Summary affirmance - Issues of whether there was error in clerk's refusal to file a late pleading and trial court's refusal to admit certain evidence during hearing on motion to reconsider barred by Rule 5A:18; trial court did not err in denying motion to reconsider

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MIHNOVETS v. MIHNOVETS

No error in trial court decisions pertaining to finding of spousal support arrearages due to appellee, finding appellant in contempt or award of attorney's fees to appellee

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HILLIARD v. COMMONWEALTH

Upon rehearing en banc, convictions reversed and remanded to trial court for further proceedings as denial of motion to suppress as it relates to certain statements was error

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ASHLEY v. CW

No error in trial court's denial of motion to suppress as the police officer had reasonable suspicion that appellant was evading roadblock

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WATERS v. COMMONWEALTH

Conviction of malicious wounding by mob affirmed as doctrine of res judicata did not prohibit conviction; no error in trial court's findings regarding competency evaluation of co-conspirator and in allowing another co-conspirator to invoke right against self-incrimination

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