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NISBET v. CITY OF VIRGINIA BEACH

The Court cannot harmonize the local and state provisions because the Virginia Beach ordinance establishes a penalty, which exceeds the penalty "prescribed by general law for" the "like" offense; conviction reversed.

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COMMONWEALTH v. Mayfield

The court's ruling constituted a finding that defendant was seized without reasonable suspicion and that this illegal seizure tainted defendant's consent to search. Because the evidence supports such a ruling, case is remanded to the trial court for further proceedings.

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Porter v. Department of Human Resource Management, et al.

Summarily affirmance: Appellant was provided an opportunity to respond to the charges and did so in conjunction with the investigation conducted by NSU's human resources department. She was afforded further opportunity to respond to the allegations through the grievance process of which she availed herself.

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SLADE v. COMMONWEALTH

The totality of the circumstances provided the magistrate with a substantial basis to find the probable cause justified the search.

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Nelson v. COMMONWEALTH

The record supports the trial court's conclusion that no reasonable doubt existed as to the impartiality of the remaining jurors not struck for cause and, thus, that the denial of appellant's mistrial motion did not constitute manifest error.

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SAWYER v. COMMONWEALTH

Evidence supports the trial court's conclusion that appellant failed to prove she was physically unable to submit to a breath test. In the absence of such proof, appellant was not entitled to a blood test.

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Buxton v. Murch

The actual expenses incurred by the Appellees in enforcing the contempt citation against the Appellants, including the costs for attonrye's fees in defending the Appellants' appeal of the contempt citation, are part of the damages suffered as a result of the contempt and may be included by the trial court as part of the sanctions.

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Smith v. COMMONWEALTH

Appellant offered no evidence that the Commissioner violated his statutory duty to mail the revocation notice, habitual offender conviction affirmed.

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Hoffman v. Hoffman (52932)

No trial court error in failing to award appellant spousal support; not reserving for her a right to future spousal support; admitting into evidence the probate file of husband's father; admitting audiotapes of her arguments with husband, and not awarding her attorney's fees.

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Hoffman v. Hoffman

No trial court error in its classification of appellant's investment account as marital property; its classification of the marital residence as wife's separate property; and its distribution of the marital estate.

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McClam v. COMMONWEALTH

Probable cause supported an arrest for trespassing and , under the procedural posture of this case, that the trial court's denial of the motion to suppress did not constitute reversible error.

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Dotson v. Dotson

The trial court properly applied the governing statute on equitable distribution to the farm property. The evidence in the record supports the court's findings on classification, donative intent and division. No error or abuse of discretion in the trial court's award.

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Viney v. COMMONWEALTH

The evidence was sufficient to prove that appellant's movement of his shorts, combined with the eye movement described by the complainants, was enough to deduce that his intent was lascivious.

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Dibich v. Dibich

The trial court's determination of the marital values in the several properties is supported by the evidence before it. No error in the trial court's equitable distribution award.

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COUREMBIS v. COUREMBIS

The trial court's allocation of the assets was supported by the evidence and the law; case remanded to the trial court for an award of attorney's fees to wife.

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Goodman v. COMMONWEALTH

The entry into appellant's property without a warrant under the circumstances of this case was unlawful, and the trial court erred in denying appellant's motion to suppress.

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Webb v. Webb

The trial court erred in determining the marital share of husband's retirement account at a date other than the date of the parties' separation.

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