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YOUNG v. COMMONWEALTH

The Court of Appeals erred in remanding a robbery case for a new sentencing proceeding under Code § 19.2-295.1 ? rather than ordering a new trial on all issues ? where the reversible error lay in the erroneous admission of evidence of other crimes during the guilt phase of a defendant?s trial. The judgment is reversed, and the case is remanded to the Court of Appeals for further remand to the circuit court for a new trial on the robbery indictment, if the Commonwealth be so advised.

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IN RE: MOSELEY

A circuit court had jurisdiction to revoke an attorney's privilege to practice before it, and courts are not required to list with specificity the factual basis for issuing a rule to show cause why such privilege should not be revoked. Thus, an attorney's contrary arguments are deemed meritless, and where the record shows that the attorney received adequate notice of the conduct that the circuit court would consider in deciding whether to revoke his privilege to practice before that court, no error is found in the judgment revoking such privilege. The judgment is affirmed.

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PHILIP MORRIS v. THE CHESAPEAKE BAY FOUNDATION

Code § 62.1-44.29 provides for representational standing, by an appropriate entity, to seek judicial review of a case decision by the State Water Control Board, as well as for individual standing. In the present case the petition by a foundation dedicated to preservation of the Chesapeake Bay adequately establishes, for purposes of surviving demurrers filed by a manufacturer and the Commonwealth, its representational and individual standing to seek judicial review of the Board?s decision to renew a wastewater discharge permit for the manufacturer's facility. The judgment of the Court of Appeals is affirmed.

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FITZGERALD v. COMMONWEALTH

In a prosecution for taking of indecent liberties with a minor by a person in a custodial or supervisory relationship, and charges of object sexual penetration, the trial court did not err in permitting a licensed professional counselor to testify as an expert witness that the alleged victim suffered from post-traumatic stress disorder. The Court of Appeals' judgment ruling that the trial court did not abuse its discretion in permitting the witness to testify is affirmed.

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REILLY v. SHEPHERD

In a malicious prosecution action against a police officer who investigated an armed robbery, and caused plaintiff to be arrested, the circuit court erred in denying the defendant?s motion to strike the plaintiff?s evidence. While the victim was ultimately unable to identify plaintiff as the perpetrator of the crime, and the case was dismissed by nolle prosequi, the evidence was insufficient, as a matter of law, to warrant submission of the issue of the lack of probable cause to the jury. The judgment of the circuit court is reversed and final judgment is entered in favor of the defendant.

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PETROSINELLI v. PETA

In protracted civil litigation, the trial court abused its discretion in adjudging a foreign attorney to be in civil contempt under Code § 18.2-456 and imposing monetary sanctions against him based on his issuance of a subpoena to an out-of-state witness in alleged violation of prior court discovery orders. The orders contained no language specifically prohibiting issuance of the subject subpoena; thus its issuance could not be an act of contempt as a matter of law. The judgment of the trial court is reversed, the sanctions award based thereon is vacated, and final judgment is entered in the foreign attorney's favor.

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ISBELL v. COMMERCIAL INVESTMENT ASSOCIATES

The circuit court correctly dismissed a tenant's personal injury suit against a landlord for failure to maintain the premises in a safe condition. The comprehensive scheme of landlord and tenant contractual rights and remedies in the Residential Landlord and Tenant Act does not create a statutory personal injury cause of action for a tenant since the General Assembly did not plainly manifest an intention therein to abrogate the common law rule that a landlord is not liable in tort for a tenant?s personal injuries caused by the landlord?s failure to repair premises under the tenant?s control and possession. The judgment of the circuit court is affirmed.

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MARTIN v. HOWARD

A trial court's order of exhumation rendered pursuant to Code § 32.1-286(C) in order to facilitate DNA testing by a woman claiming to be the daughter of the decedent was not in error. The General Assembly expressly provided that the need of a qualified illegitimate child to prove parentage for the purpose of inheritance is sufficient cause for exhumation. The order is affirmed and the case is remanded to the trial court for further proceedings.

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COMMONWEALTH v. MILLER

In a proceeding under the Sexually Violent Predators Act, Code §§ 37.2-900 et seq., the circuit court erred in permitting testimony from a particular expert witness for the prisoner, who was qualified in the diagnosis and assessment of sex offenders, but was not shown to be skilled in the treatment of such individuals, as plainly required by the Act. The court further erred in concluding that the Commonwealth failed to prove by clear and convincing evidence that the respondent is a sexually violent predator as defined by the Act. The judgment is reversed, final judgment is entered in favor of the Commonwealth, and the case is remanded for further proceedings under the Act.

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TELEGUZ v. COMMONWEALTH

In an appeal from defendant's conviction for capital murder for hire, and imposition of the death sentence, after review of numerous assignments of error and completion of the statutorily-mandated review of the imposition of the death penalty, no error is found, and no grounds for setting aside or commuting the sentence of death. The judgment of the trial court is affirmed.

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ALEXANDRIA CITY COUNCIL v. MIRANT POTOMAC RIVER

The circuit court did not err in declaring an amendment to a city's zoning ordinance invalid and reinstating two auxiliary special use permits issued to a power company that operates a coal-burning electricity generating plant. The amendment violated Code § 15.2-2307 because it impaired an established vested right to operate the plant, and the revocation of the two auxiliary special use permits pursuant to the amendment was unlawful. The judgment of the circuit court is affirmed.

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HENLEY v. MCGIRT

Judgment of the trial court is affirmed as the trial court never heard the parties on the questions presented on appeal, and appellant failed to rebut the presumptive verity of the trial court?s order

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CHARLES BENNETT v. COMMONWEALTH

Trial court did not err in determining that a judge was competent to testify as to the matter he observed; evidence was sufficient to support appellant?s conviction of disorderly conduct

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MILLER-JENKINS v. MILLER-JENKINS

Trial court erred in ruling that a Vermont order concerning child custody and visitation between the parties could not be registered in Virginia; trial court?s March 1, 2006 order is vacated and the case is remanded to the trial court with instruction to enter an order allowing appellant to register the Vermont order in Virginia

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TAYLOR v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of distribution of cocaine; appellant?s conviction is affirmed

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BELL v. COMMONWEALTH

Trial court did not err in permitting a forensic scientist to refer to the certificate of analysis during his testimony to refresh his recollection, in admitting the certificate of analysis into evidence, or in allowing the forensic scientist to testify as an expert regarding his analysis; judgment of the trial court affirmed

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BLANTON v. COMMONWEALTH

Trial court did not err in refusing to grant appellant?s proposed jury Instructions 13, 14, and 15 on circumstantial evidence; trial court did err in denying appellant?s Batson motion based on gender with regard to the Commonwealth?s five peremptory strikes; judgment is affirmed, in part, reversed, in part, and case remanded

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LPT INC v. VOLTAGGIO

Commission did not err in determining that claimant?s efforts were legally sufficient to constitute a cure of his unjustified refusal of selective employment; decision of the commission is affirmed

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COLLEGIATE FUNDING SERVICES v. CONWAY

Commission did not err in awarding benefits to appellee as there was credible evidence to support the commission?s finding that appellee?s disability was causally related to her compensable accident

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LARA v. COMMONWEALTH

As appellant failed to adequately preserve his arguments in the trial court, appellant?s convictions for criminal gang participation and malicious wounding are affirmed

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CHRISTINE HENLEY v. GERMAINE MCGIRT

Judgment of the trial court is affirmed as the trial court never heard the parties on the questions presented on appeal, and appellant failed to rebut the presumptive verity of the trial court?s order

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CALVIN JOJUAN BELL v. COMMONWEALTH

Trial court did not err in permitting a forensic scientist to refer to the certificate of analysis during his testimony to refresh his recollection, in admitting the certificate of analysis into evidence, or in allowing the forensic scientist to testify as an expert regarding his analysis; judgment of the trial court affirmed

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JANET MILLER-JENKINS v. LISA MILLER-JENKINS

Trial court erred in ruling that a Vermont order concerning child custody and visitation between the parties could not be registered in Virginia; trial court?s March 1, 2006 order is vacated and the case is remanded to the trial court with instruction to enter an order allowing appellant to register the Vermont order in Virginia

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BENNETT v. COMMONWEALTH

Trial court did not err in determining that a judge was competent to testify as to the matter he observed; evidence was sufficient to support appellant?s conviction of disorderly conduct

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DONNA BLANTON v. COMMONWEALTH

Trial court did not err in refusing to grant appellant?s proposed jury Instructions 13, 14, and 15 on circumstantial evidence; trial court did err in denying appellant?s Batson motion based on gender with regard to the Commonwealth?s five peremptory strikes; judgment is affirmed, in part, reversed, in part, and case remanded

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COMMONWEALTH v. WANDA ALICE BLEVINS

As appellee does not have standing to challenge the search of the vehicle, trial court?s judgment granting the motion to suppress is reversed and the case is remanded to the trial court

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COMMONWEALTH v. BLEVINS

As appellee does not have standing to challenge the search of the vehicle, trial court?s judgment granting the motion to suppress is reversed and the case is remanded to the trial court

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