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Commonwealth v. Hicks

In a proceeding remanded from the United States Supreme Court, it is held that a redevelopment and housing authority's trespass policy is not void for vagueness under the Fourteenth Amendment to the United States Constitution and that the authority's policy does not violate a defendant's right of intimate association guaranteed by the Fourteenth Amendment. The judgment of the Court of Appeals is reversed and final judgment is entered affirming the defendant's trespass conviction.

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Virginia Tech. v. Interactive Return Service

The circuit court did not err in admitting evidence of consequential damages in a breach of contract action concerning assignment of intellectual property rights arising out of a privately sponsored research program at a public university, because a reasonably prudent person in the position of the contracting parties would have considered these damages to be the natural consequences of a breach of the agreement. The judgment of the circuit court is affirmed.

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Lifestar Response of Maryland v. Vegosen

Plaintiff?s failure to serve the required notice along with the motion for judgment in a personal injury suit meant that defendant never received "process." The trial court thus lacked jurisdiction over defendant and erred in entering a default judgment. Since the process was defective, rather than the manner of service, the savings provision of Code § 8.01-288 does not apply. The default is vacated and the judgment is reversed. The case is remanded.

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Milteer v. Commonwealth

The evidence was sufficient to sustain defendant's conviction under Code § 59.1-41.3 for knowing possession of illegally reproduced videocassettes for sale, and that conviction is affirmed. A charge for possessing compact discs that did not disclose their true manufacturer (a counterfeiter) is dismissed because Code § 59.1-41.4 does not independently criminalize failure to abide by its labeling requirements. A related probation revocation disposition is reversed and remanded for further proceedings.

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Cochran v. Fairfax Cty. Bd. of Zoning Appeals

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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Filak v. George

In an action alleging breach of contract and constructive fraud based on an insurance agent's alleged failure to procure a fire insurance policy with certain provisions, the circuit court did not err in sustaining the defendant's demurrer to a constructive fraud claim and in striking the plaintiff's evidence on a breach of contract claim. The judgment is affirmed.

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Dandridge v. Marshall

In a personal injury action, the trial court erred in excluding certain testimony proffered by the plaintiff and allowing other testimony over objection. The judgment is reversed and the case is remanded for a new trial on the issue of damages.

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Slagle v. Hartford Insurance Company

The trial court erred in denying summary judgment for an injured plaintiff, who was "using" a tractor-trailer in a manner contemplated by Code § 38.2-2206(B) when he was injured and, thus, was entitled to underinsured motorist coverage despite the fact that he had neither previously occupied nor immediately intended to occupy the tractor-trailer at the time of his injury. The judgment is reversed and final judgment is entered for plaintiff.

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Schwartz v. Commonwealth

The circuit court did not err in finding defendant guilty of three counts of arson where the facts showed that two vehicles and a home were destroyed by fire ignited on one of the vehicles. The judgment of the Court of Appeals confirming these convictions is affirmed.

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Video Zone, Inc. v. KF&F Properties

The circuit court did not err in holding that the terms of a commercial lease required a tenant to replace certain heating, ventilation, and air conditioning equipment located primarily on the roof of the leased premises. The judgment is affirmed.

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MacNeal v. Town of Pulaski Bd. of Zoning Appeals

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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Cooner v. Cooner

The trail court did not err in finding a material change of circumstances that warranted a review of the custody of G.C. and B.C., giving undue influence to the preferences of G.C. and B.C., and finding the evidence sufficient to award custody of N.B and T.B. to husband, who was a non-parent.

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BUDNICK v. BUDNICK

The trial court did not err in adopting the commissioner's report; in its equitable distribution award, including a separate monetary award to wife; in its refusal to impute income to wife; or in its award of attorney's fee to wife.

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Gray v. COMMONWEALTH

The evidence was sufficient for the trial court to find that appellant willfully, wantonly and culpably inflicted serious injury on his son such that he demonstrated a reckless disregard for human life.

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Hicks v. COMMONWEALTH

No error in the trial court's pretrial amendment of the indictment or its final judgment finding appellant guilty of statutory burglary.

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McKenney v. COMMONWEALTH

Appellant's motions were filed more than twenty-one days after the entry of the final sentencing order entered on December 18, 2001, the trial court did not err in dismissing for lack of jurisdiction appeallant's motion to modify his sentence and to reconsider the denial of his motion to withdraw his guilty plea.

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Hicks v. COMMONWEALTH

Sufficient evidence supports appellant's conviction of possession with intent to distribute cocaine. The trial court did not err in convicting appelant for this offense.

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Wyche v. COMMONWEALTH

The trial court did not err in finding that the victim's death was caused by appellant's unlawful and criminally negligent conduct.

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Branch v. COMMONWEALTH

Evidence sufficient to prove beyond a reasonable doubt that appellant maliciously and intentionally struck the victim in the face without provacation with the intent to inflict serious injury.

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WILLIAMS v. COMMONWEATH

Evidence was sufficient to prove appellant possessed cocaine with the intent to distribute it. Police properly impounded the vehicle appellant was driving because he could neither produce proof of ownership nor a valid driver's license.

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Orbe v. Johnson

The trial court did not err in refusing injunctive relief staying appellant's execution because it lacked power to grant such relief and because a declaratory judgment action could not serve as the vehicle for obtaining such relief, due to the removal of appellant's claimed constitutional issues from actual controversy by operation of a statute under which he was deemed to have selected the method of his execution. Appellant's appeal and his request for a stay of execution are denied.

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