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KENNETH FERGUSON v. COMMONWEALTH

Trial court erred in convicting and sentencing appellant for malicious wounding as the indictment charged only unlawful wounding; one count of felony child neglect reversed and dismissed where evidence did not prove criminal negligence with regard to one of three siblings; one count of malicious wounding and two counts of felony child neglect affirmed

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CHESTER E. MILLER v. LINDA S. MILLER

No error in trial court?s findings that parties failed to effectively revoke their antenuptial agreement, in accepting parol evidence on the intention of the parties, in holding that agreement dealt only with pre-marital assets of the parties, and in awarding spousal support to wife

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LINDA S. MILLER v. CHESTER E. MILLER

No error in trial court?s findings that the parties failed to effectively revoke their antenuptial agreement and that agreement remained valid and that wife failed to prove she relied on revocation of agreement to her detriment

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UNINSURED EMPLOYER'S FUND v. CHANEY

Summarily affirmed in part and dismissed in part pursuant to Rule 5A:20 where issues raised in first question presented were not part of questions presented and no argument related to specific issue raised by first question presented

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NACK v. NACK

No error in trial court?s classification of investment portfolio, buffalo, and assorted farm equipment as marital property; trial court erred in its classification of two vehicles as marital property

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JORDAN v. COMMONWEALTH

Trial court did not err in instructing jury on charge of attempted capital murder where finding instruction did not contain words ?specific intent to kill? where jury was instructed to determine whether act at issue was ?willful, deliberate and premeditated?

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BATTEN v. BATTEN

Summary affirmance ? No error in trial court?s denial of appellant?s request for permanent spousal support and attorney?s fees in this divorce action

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WILLIAMS v. COMMONWEALTH

Court finds that a plastic bag in not an implement as contemplated under Code Section 18.2-94; appellant?s conviction of possession of burglarious tools reversed and dismissed

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LAY v. COMMONWEALTH

No error in appellant?s conviction of statutory burglary where jury was not precluded from finding a constructive breaking under instruction given where instruction did not in any way qualify the concept of force

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JONES v. COMMONWEALTH

No error in trial court?s denial of motion to suppress where officer had reasonable suspicion to detain appellant for a Terry stop and where during stop appellant voluntarily consented to a search of his vehicle

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RODERICK D. JORDAN v. COMMONWEALTH

Trial court did not err in instructing jury on charge of attempted capital murder where finding instruction did not contain words ?specific intent to kill? where jury was instructed to determine whether act at issue was ?willful, deliberate and premeditated?

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FADNESS v. FADNESS

As decree appealed from is neither a final order nor an interlocutory order that adjudicates the principles of the cause, this Court is without jurisdiction to entertain appeal and it is dismissed

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FOOD LION v. CENTER

Summary affirmance ? No error in commission?s finding that Code Section 65.2-708(C) applied to extend the limitations period in Code Section 65.2-708(A) or in declining to retain jurisdiction of appellee?s claim for permanent partial disability benefits until such time as the degree of permanency can be determined

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JOHN ROBERT LAY v. COMMONWEALTH

No error in appellant?s conviction of statutory burglary where jury was not precluded from finding a constructive breaking under instruction given where instruction did not in any way qualify the concept of force

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COOPER v. BB&T

Summary affirmance ? No error in commission?s finding that appellant failed to prove she sustained an injury by accident arising out of her employment

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MILES v. COMMONWEALTH

Rules 5A:18 and 5A:20(e) preclude consideration of issues appellant raises as to whether trial court considered conduct it had previously considered in a prior violation of his probation and whether trial court erred in revoking appellant?s suspended time where he committed no additional acts of misconduct after previous revocation

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BRUCE JEROME JONES v. COMMONWEALTH

No error in trial court?s denial of motion to suppress where officer had reasonable suspicion to detain appellant for a Terry stop and where during stop appellant voluntarily consented to a search of his vehicle

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FOOD LION, LLC AND DELHAIZE AMERICA, INC. v. PAMELA ANN CENTER

Summary affirmance ? No error in commission?s finding that Code Section 65.2-708(C) applied to extend the limitations period in Code Section 65.2-708(A) or in declining to retain jurisdiction of appellee?s claim for permanent partial disability benefits until such time as the degree of permanency can be determined

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MICHAEL JAMES MILES v. COMMONWEALTH

Rules 5A:18 and 5A:20(e) preclude consideration of issues appellant raises as to whether trial court considered conduct it had previously considered in a prior violation of his probation and whether trial court erred in revoking appellant?s suspended time where he committed no additional acts of misconduct after previous revocation

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GIBSON v. COMMONWEALTH

No error in appellant?s convictions of failure to pay tax where evidence showed that despite fact that appellant truthfully accounted for his company?s tax obligations, he failed to pay his company?s tax obligations

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DODD v. COMMONWEALTH

No error in trial court?s refusal to suppress evidence collected after appellant?s arrest where trial court found officers had probable cause to arrest appellant

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JAMES LEONARD GIBSON v. COMMONWEALTH

No error in appellant?s convictions of failure to pay tax where evidence showed that despite fact that appellant truthfully accounted for his company?s tax obligations, he failed to pay his company?s tax obligations

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WEST v. NEW KENT

Summary affirmance ? no error in trial court?s finding that appellant?s son was abused and neglected as defined in Code § 16.1-228

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GARRETT v. WARREN COUNTY

Trial court did not err in its analysis of Code §§ 20-124.2 and 20-124.3 and in concluding that it was in best interest of children to deny custody to appellant, their grandfather

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