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BRIZZOLARA v. SHERWOOD MEMORIAL PARK

In a corporate governance dispute presented on motions for summary judgment, the trial court erred in ruling that a majority of the directors of a Virginia nonstock corporation could not retire its debt by authorizing payment of outstanding debentures, but correctly ruled under Code § 13.1-842(D) and the language of a special meeting notice, that the members of record on the day before the effective date of the notice could vote at that meeting to remove all of the directors and elect an entirely new board. Aspects of summary judgment availability are also discussed. The judgment is reversed in part, affirmed in part, and remanded with directions.

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JUSTUS v. COMMONWEALTH

The circuit court abused its discretion in refusing to grant a defendant's motion to withdraw her guilty pleas before sentencing pursuant to Code § 19.2-296, and the Court of Appeals erred in affirming such refusal. Upon review of the record, it is held that the ends of justice would be served in permitting the defendant to withdraw her pleas, where the record shows that the motion was made in good faith and was premised upon a reasonable basis for defenses to the charges. The judgment of the Court of Appeals is reversed, the defendant's convictions are vacated, and the case is remanded.

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JACKSON v. HARTIG

In an action for defamation brought by an unsuccessful candidate for election to the Virginia House of Delegates against the author and publisher of a newspaper editorial endorsing the candidate?s opponent, there are no material facts genuinely in dispute and the evidence in the record would not permit a reasonable fact finder to conclude, by clear and convincing evidence, that the defendants acted with actual malice. The judgment of the circuit court granting summary judgment for the defendants and dismissing the defamation action with prejudice is affirmed.

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STEPHENS v. COMMONWEALTH

An inmate's petition to change his name for "religious purposes," filed under oath and complying with all of the requirements of Code § 8.01-217(B), set forth good cause for the change within the meaning of subsection (A) of the statute. Denial of the petition was therefore an abuse of discretion. The case is remanded to the circuit court for consideration of the petition in accord with the requirements of Code § 8.01-217(C).

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TORLONI v. COMMONWEALTH

In a personal injury suit against the Commonwealth, the trial court erred in reducing the ad damnum against the Commonwealth to the $100,000 recovery cap provided in the Virginia Tort Claims Act prior to verdict, and also erred in dismissing the plaintiff's claim against the Commonwealth pursuant to Code § 8.01-35.1 on the ground that she had previously recovered $100,000 against another tortfeasor. The judgment of the trial court is reversed and the case is remanded for further proceedings consistent with this opinion.

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BALDWIN v. COMMONWEALTH

In an attempted murder prosecution of a defendant who sped away from an officer standing close to his stopped vehicle, the facts were insufficient as a matter of law to prove a specific intent to kill. Thus the Commonwealth failed to prove a necessary element of the crime of attempted murder and the Court of Appeals erred in affirming the conviction for attempted murder. The judgment of the Court of Appeals is reversed and the indictment is dismissed.

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DALY v. SHEPHERD

Where certain residential real property was capable of co-occupation, in the absence of exclusion or ouster by an occupying co-tenant, the non-occupying co-tenant is not entitled to a ratable share of fair rental value in an action for partition. The judgment of the trial court is affirmed.

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ADAMS OUTDOOR ADVERTISING v. BOARD OF ZONING APPEALS

In a dispute regarding zoning ordinance provisions applicable to a lawful nonconforming billboard, the circuit court correctly upheld a board of zoning appeals (BZA) determination that the billboard's owner had structurally altered and enlarged it by installing an electronic message board component and that, as a result, the ordinance required removal of the entire billboard. The modification increased the depth and weight of the billboard, and the BZA's determination did not involve application of erroneous principles of law and was not plainly wrong or in violation of the intent and purpose of the ordinance. The circuit court's judgment is affirmed.

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ROBINSON v. COMMONWEALTH

Applying the rule of strict construction of penal laws, the driver of a vehicle is "involved" in an accident triggering an obligation to remain at the scene and provide information under Code § 46.2-894 only if there is physical contact between the driver's vehicle and another vehicle, person, or object, or if the defendant driver was a proximate cause of an accident. Since the present defendant's vehicle had no physical contact with that of the accident victim, and defendant was not a cause of the accident, the judgment of the Court of Appeals is reversed and the conviction for violation of Code § 46.2-894 is dismissed.

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PEERLESS INSURANCE CO. v. COUNTY OF FAIRFAX

In a suit seeking to allocate financial responsibility between insurance companies and a county concerning a personal injury involving a storm water detention easement, the trial court did not err in sustaining the county's demurrers and plea in bar. Code § 15.2-970 applies to the easement, and there was no written contract between the county and the insurers as required by this statute. In addition, judicial estoppel did not apply regarding the county's factual positions as to the nature, ownership, and maintenance of the easement, and the breach of implied contract and breach of express contract claims were time-barred. The judgment is affirmed.

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CLIFFORD v. COMMONWEALTH (ORDER)

In a sex crimes case, the Court of Appeals erred in ruling that the trial court should have granted a defense motion to permit cross-examination of the victim regarding a prior alleged false accusation of sexual molestation she had made against another. The defendant abandoned his argument supporting such cross examination by failing to assert it on appeal and also failed to object to the specific basis of the trial court's denial of his motion; thus, the theory presented in the argument which formed the basis of the Court of Appeals' ruling was not properly before that Court. The Court of Appeals' judgment is reversed and the case remanded to that court with directions.

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GRANDISON v. COMMONWEALTH

In a cocaine possession prosecution, the trial court erred in refusing to suppress evidence obtained in an unlawful seizure when ? in the absence of other circumstances indicating criminal activity ? the officer removed a folded one-dollar bill from the defendant's pocket and opened it to reveal drugs. The Court of Appeals' judgment affirming the trial court disposition is reversed, and this case is remanded to the Court of Appeals with directions to remand the case to the trial court for a new trial if the Commonwealth be so advised.

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GRAY v. COMMONWEALTH

In an appeal of defendant's multiple capital murder convictions and two death sentences arising from the stabbing, beating and arson killings of a couple and their two minor children in the course of a robbery, no reversible error is found in the judgment of the circuit court, and no reason is found to commute or set aside the sentences of death. The judgment of the circuit court, including the sentences of death, is affirmed.

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MARK FIVE CONSTRUCTION v. CASTLE CONTRACTORS

In an indemnity action for the benefit of a contractor's insurer against an "intermediate contractor" arising from payments made to an injured worker, the circuit court did not err in sustaining the defendants' demurrer because a party can only seek indemnification under Code § 65.2-304 from persons who would have been liable to pay compensation under the Act and thus are subject to jurisdiction under the Act. Plaintiff did not allege that the defendant contracting company was such a person and, as a matter of law, cannot make that showing. The judgment of the circuit court is affirmed.

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BBF, INC. v. ALSTOM POWER, INC.

The claim that an arbitration award of liquidated damages violated the public policy of Virginia did not state a ground for vacating an arbitration award under the governing provisions of Code § 8.01-581.010. Therefore, the trial court did not err in refusing to vacate the arbitration award, and its judgment is affirmed.

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DALE STANLEY TRUCKING v. SMITH

Summary affirmance ? no error in commission?s finding that the panel of physicians offered by employer to claimant was defective and employer was liable for payment of medical treatment provided to claimant

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JOWAYNE ALSTON v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to suppress the concealed weapon found in the passenger compartment of his vehicle; appellant?s convictions are affirmed

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ALSTON v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to suppress the concealed weapon found in the passenger compartment of his vehicle; appellant?s convictions are affirmed

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GAYE v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to convict appellant of possession of cocaine with the intent to distribute; appellant?s conviction is affirmed

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ROBERTSON v. COMMONWEALTH

Trial court erred by denying appellant?s motion to suppress as no exigent circumstances existed to justify a warrantless entry; judgment of the trial court is reversed and the case is remanded

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HAYTON v. HAYTON

Appeal dismissed; as no final order was entered by the trial court in this case, this Court is without jurisdiction to entertain this appeal

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THOMPSON v. HUFFMAN LITTER SERVICE

Summary affirmance - commission?s decision sustaining appellees? motion to stay appellant?s pending claim for permanent and total disability benefits and removing the claim from the hearing docket because it was premature is summarily affirmed

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JOHNNIE KENSLEY BROWN, JR. v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to support appellant?s conviction of grand larceny; this Court finds the Commonwealth presented sufficient evidence to support the trial court?s venue findings; appellant?s conviction is affirmed

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LUZIER v. PENN LINE CORP

Summary affirmance ? no error in commission?s finding appellant failed to prove that he sustained a brain injury causally related to his compensable injury by accident, and remained totally disabled as a result of that brain injury; commission?s decision is affirmed

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BATTLE v. CITY OF PORTSMOUTH

Trial court did not err in finding the evidence was sufficient to terminate appellant?s residual parental rights under to Code Section 16.1-283(B); judgment affirmed

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BROWN v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to support appellant?s conviction of grand larceny; this Court finds the Commonwealth presented sufficient evidence to support the trial court?s venue findings; appellant?s conviction is affirmed

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