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Jerman v. Director Dept. of Corrections

In a petition for a writ of habeas corpus raising claims of ineffective assistance of counsel with regard to the petitioner's conviction for abduction, there is not a reasonable probability that, but for counsel's alleged deficiencies, the outcome of the proceeding would have been different. The petition is dismissed.

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AAA Disposal Services v. Eckert

A confession of judgment for the amount specified in the ad damnum clause of a motion for judgment was not valid and binding under Code &#167 8.01-431 without the plaintiff's acceptance. Therefore, the circuit court did not err in granting the plaintiff's motion to nonsuit the action after the defendant's filing of the confession.

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Russ v. Destival

A jury instruction stating that a bicyclist has a duty to refrain from entering or crossing an intersection in disregard of "close or approaching" traffic is an inaccurate statement of law in light of the plain terms of Code &#167 46.2-924(B), and thus the circuit court erred in granting the instruction. The judgment is reversed and the case is remanded.

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Lenz v. Warden of the Sussex I State Prison

In a rehearing of the petitioner's application for a writ of habeas corpus, it is concluded that trial counsel were not ineffective in failing to object to a verdict form in the sentencing phase of petitioner's capital murder trial. The petition is denied.

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Commonwealth v. Jones

The Court of Appeals erred in holding that the doctrine of inevitable discovery was inapplicable to support the trial court's refusal to suppress evidence seized in a search purportedly lacking in probable cause. The judgment is reversed and final judgment is entered.

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Elliott (Richard) v. Commonwealth

In a proceeding remanded by the U.S. Supreme Court involving the constitutionality of Virginia's cross-burning statute, Code &#167 18.2-423, it is held that the prima facie evidence provision of the statute is unconstitutionally overbroad under the First Amendment and Article I, &#167 12 of the Constitution of Virginia. The statute is severable and the core provisions of the statute that remain are constitutional. The convictions of two defendants for cross burning are affirmed. (Revised 3/9/04)

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Spero v. Heath

The trial court abused its discretion in determining that a name change was in the best interests of a minor child, where the child is in the mother's custody, lives with the mother and bears her surname. The natural father petitioned the court to change the child's surname to his own. The judgment is reversed, the name change order is vacated, and the petition is dismissed.

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Shipman v. Kruck

A cause of action for legal malpractice accrued at the time of the attorney's breach, subject to the continuous representation rule. Therefore, the plaintiffs had three years from the end of the attorney's representation of them in which to file their claim. Since the action was commenced almost three years and eight months later, the trial court did not err in granting the defendant's plea in bar of the statute of limitations. The judgment is affirmed. (Revised 3/31/04)

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Kingsbur v. Commonwealth

The trial court correctly concluded that, in spite of its being in a state of disrepair, a handgun that was found in the defendant's possession was a firearm for purposes of Code &#167 18.2-308.2 and did not err in refusing to grant the defendant's motion to strike the evidence supporting his conviction for unlawful possession of a firearm by a convicted felon. The judgment of the Court of Appeals upholding the defendant's conviction is affirmed.

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Elliott (Larry) v. Commonwealth

The automatic review of defendant's death sentence is consolidated with appeal of his capital murder and other non-capital convictions. Upon considering the issues raised by the defendant and conducting the mandated review of the imposition of the death penalty in this case, no error is found in the judgment of the trial court. The judgment and the sentence of death are affirmed. (Revised 3/31/04)

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King George Serv. Authority v. Presidential Servic

The circuit court was correct in specifically enforcing an agreement for the purchase of a private water company's existing water system by a county service authority under an agreement ratified by the authority's board, but erred in directing the authority to purchase other water and sewer system facilities because there was no resolution of the authority's board authorizing or ratifying a further agreement. The decree is affirmed in part and reversed in part.

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HUDSON v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. HUDSON v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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HUDSON v. COMMONWEALTH (58634)

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. HUDSON v. COMMONWEALTH Present: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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FREDERICK COUNTY SCHOOL BOARD v. HANNAH, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. FREDERICK COUNTY SCHOOL BOARD v. HANNAH, et al. PRESENT: Hassell, C.J., Lacy, Keenan, ...

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JONES v. COMMONWEALTH, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. JONES v. COMMONWEALTH, et al. PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and ...

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COMMONWEALTH v. JACKSON

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. COMMONWEALTH v. JACKSON PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, and Lemons, JJ., and ...

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COMMONWEALTH v. MINOR

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. COMMONWEALTH v. MINOR Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., ...

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JACKSON v. COMMONWEALTH

VA Supreme Court JACKSON v. COMMONWEALTH Jan 16, 2004 NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. JACKSON v. COMMONWEALTH Present: ...

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RAWLINGS v. LOPEZ

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. RAWLINGS v. LOPEZ VIRGINIA: In the Supreme Court of Virginia held at the ...

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HINES v. KUPLINSKI

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. HINES v. KUPLINSKI VIRGINIA: In the Supreme Court of Virginia Held at the ...

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TAZEWELL COUNTY SCHOOL BOARD v. BROWN

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. TAZEWELL COUNTY SCHOOL BOARD v. BROWN Present: Hassell, C.J., Keenan, Kinser, Lemons, and ...

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ALGER v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. ALGER v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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JONES, et al. v. PEACOCK, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. JONES, et al. v. PEACOCK, et al. PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, ...

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WHITE v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. WHITE v. COMMONWEALTH Present: All the JusticesRecord No. 030476 michael maurice white v. ...

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JOHNSON v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. JOHNSON v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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WRIGHT v. ECKHARDT

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. WRIGHT v. ECKHARDT Present: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and Agee, JJ., ...

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COMMONWEALTH v. JONES

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. COMMONWEALTH v. JONES PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, and Lemons, JJ., and ...

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POWELL v. COMMONWEALTH

VA Supreme Court POWELL v. COMMONWEALTH Jan 16, 2004 NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. POWELL v. COMMONWEALTH Present: ...

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McMINN v. ROUNDS, et al.

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. MCMINN v. ROUNDS, et al. PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, Lemons, and ...

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BLEVINS v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. BLEVINS v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Kinser, and Lemons, JJ., and ...

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CHAPPELL v. PERKINS

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. CHAPPELL v. PERKINS Present: All the Justices Record No. 022966JOHN R. CHAPPELL, EXECUTOR ...

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ESTEBAN v. COMMONWEALTH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. ESTEBAN v. COMMONWEALTH PRESENT: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., ...

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