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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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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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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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WASHINGTON v. COMMONWEALTH

Trial court erred in finding that felony convictions, which were needed to invoke Code Section 19.2-297.1, were admissible at guilt stage of trial as element of conviction of malicious wounding under Code Section 18.2-51

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ONDEO DEGREMONT, INC., et al. v. ROMAN

Summary affirmance - No error in commission's determination that appellant sustained his burden of proving a compensable occupational disease, Mixed Connective Tissue Disorder, arose out of and in course of his employment

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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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IN RE: MEADOR

No error in commission's interpretation of Birth-Related Neurological Injury Compensation Act and its finding that Act was inapplicable to the unique circumstances presented in this case where child was born at home and then transported to hospital

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BAHEN v. CITY OF HAMPTON

Trial court erred in excluding appellant's proffered evidence that speed limit at location where she was stopped and charged with speeding had not been lawfully established

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STEVENS v. COMMONWEALTH

Trial court did not err in permitting prosecution of aggravated involuntary manslaughter charge, admitting the hospital toxicology report, or in refusing appellant's proffered jury instructions; evidence was sufficient to support conviction

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IN RE: NEWMAN

Petition for writ of actual innocence dismissed where civil adjudication as an habitual offender does not qualify under statute as a felony conviction and petitioner's argument challenging validity of statutes leading to his adjudication is not evidence entitling petitioner to relief

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BOOTH v. COMMONWEALTH

Trial court did not err in finding that probative value of admission of related murder conviction evidence outweighed potential prejudical effect

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AHMED v. AHMED

No error in trial court's finding that certain assets were appellee's separate property and were not to be divided according to written separation agreement

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AHMED v. AHMED (53147)

No error in trial court's finding that appellant failed to establish that parties' separation agreement was unconscionable, in determining effect of reconciliation under agreement or in determining appellee's interest in appellant's practice or former marital residence

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HALL v. HALL

Trial court's dismissal of appeal from juvenile court of an order finding appellant in contempt and establishing an arrearage amount affirmed where appellant failed to post an appeal bond including arrearage amount

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LEDWITH v. LEDWITH

Trial court erred in its calculation of the value of appellant's practice for purposes of equitable distribution; matter remanded to trial court for further proceedings

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WALSHAW v. COMMONWEALTH

Judgment of trial court affirmed where Court finds short form of indictment informed appellant of nature and cause of accusation against him and trial court did not err in granting/refusing instructions to jury

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LEAKE v. LEAKE

No error in trial court's decision that appellant pay one-half of the guardian ad litem fee or in denying her request for an award of attorney's fees

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SPINNER v. COMMONWEALTH

No error in trial court's denial of motion to suppress or in finding evidence sufficient to support convictions of obstructing justice, possessing an imitation controlled substance with intent to distribute and possession of firearm by felon

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