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ABELL v. COMMONWEALTH

Trial court erred in finding the evidence proved beyond a reasonable doubt that appellant willfully failed to appear; appellant?s conviction of felony failure to appear is reversed and the indictment is dismissed

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MARK SELORM PONGO v. COMMONWEALTH

Appellant?s conviction of a felony third offense of driving while intoxicated is affirmed as the evidence is sufficient to demonstrate appellant was represented by counsel at a predicate conviction

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JAY WILLIAM MASSENGALE v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of uttering as the Commonwealth established that appellant had actual knowledge that he was uttering a forged document

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JEFFREY EUGENE NEEL v. COMMONWEALTH

Appellant?s conviction of leaving the scene of an accident involving personal injury is reversed and the indictment is dismissed as the evidence failed to prove appellant knew or should have known personal injury had resulted from the collision at the time he fled the scene

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MAGRUDER v. COMMONWEALTH

For the reasons set forth in Brooks v. Commonwealth, trial court did not err in admitting the certificate of analysis without requiring the testimony of the person who performed the analysis; appellant?s conviction is affirmed

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NEEL v. COMMONWEALTH

Appellant?s conviction of leaving the scene of an accident involving personal injury is reversed and the indictment is dismissed as the evidence failed to prove appellant knew or should have known personal injury had resulted from the collision at the time he fled the scene

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SHEILA MICHELLE STOKES v. COMMONWEALTH

This Court holds no variance exists between the language of the indictment and the evidence introduced at trial as to the victim; trial court did not err in admitting affidavits of forgery under the business records exception to the hearsay rule; evidence was sufficient to convict appellant of grand larceny

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WINSTON v. WARDEN (UNPUBLISHED ORDER)

Upon consideration of a petition for a writ of habeas corpus, respondent's motion to dismiss the petition is granted. Petitioner's various claims alleging ineffective assistance of counsel are rejected as not satisfying the two-pronged test enunciated in Strickland v. Washington, 466 U.S. 668 (1984), and his remaining claims are rejected as lacking merit or as being either procedurally barred or improperly raised.

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TURNER v. COMMONWEALTH

Circuit court erred in amending the warrant to charge driving under the influence, second or subsequent offense after appellant had been acquitted of that charge in a court of competent jurisdiction; judgment is reversed, appellant?s conviction for DUI second offense is set aside, and the case is remanded for resentencing on the conviction of driving under the influence, first offense

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WILLIAMS v. COMMONWEALTH

Appellant?s convictions are affirmed as this Court holds that the informant?s tip provided the police with the requisite probable cause to arrest appellant and that the police did not need exigent circumstances in addition to probable cause for appellant?s arrest

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KENNETH WAYNE TURNER v. COMMONWEALTH

Circuit court erred in amending the warrant to charge driving under the influence, second or subsequent offense after appellant had been acquitted of that charge in a court of competent jurisdiction; judgment is reversed, appellant?s conviction for DUI second offense is set aside, and the case is remanded for resentencing on the conviction of driving under the influence, first offense

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WINKLER v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s convictions of two counts of robbery and two counts of using a firearm in the commission of a felony

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WILLIAMS v. COMMONWEALTH (122760)

As appellant did not provide a sufficient proffer for this Court to determine whether the trial court erred in refusing to permit the cross-examination questions, appellant?s conviction of armed robbery is affirmed

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SMITH v. THORNTON-SMITH

Judgment pertaining to the rulings classifying the Arlington and Berryville properties and the award of attorney?s fees to appellee are affirmed; judgment pertaining to the classification of the Volkswagen is reversed and this matter is remanded to the trial court to reexamine the equitable distribution award

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SPROUSE v. ORANGE COUNTY

No error in trial court?s decision terminating appellant?s residual parental rights to his minor son pursuant to Code Section 16.1-283(C)(1) and 16.1-283(C)(2)

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DERRICK JAMES WILLIAMS v. COMMONWEALTH

Appellant?s convictions are affirmed as this Court holds that the informant?s tip provided the police with the requisite probable cause to arrest appellant and that the police did not need exigent circumstances in addition to probable cause for appellant?s arrest

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REYES v. COMMONWEALTH

Trial court did not err in refusing to admit the state of mind testimony and in refusing to admit testimony regarding appellant?s money and jewelry; appellant?s convictions for first-degree murder and use of a firearm in the commission of a felony are affirmed

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COLOCCIA v. COLOCCIA

Trial court?s refusal to set aside the property settlement agreement is affirmed as the evidence supports the trial court?s finding that husband failed to prove by clear and convincing evidence that he was incompetent when he executed the property settlement agreement

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ROLAND WILLIAMS, JR. v. COMMONWEALTH

As appellant did not provide a sufficient proffer for this Court to determine whether the trial court erred in refusing to permit the cross-examination questions, appellant?s conviction of armed robbery is affirmed

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LOWELL F. SMITH v. ALICE L. THORNTON-SMITH

Judgment pertaining to the rulings classifying the Arlington and Berryville properties and the award of attorney?s fees to appellee are affirmed; judgment pertaining to the classification of the Volkswagen is reversed and this matter is remanded to the trial court to reexamine the equitable distribution award

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JORGE LUIS REYES v. COMMONWEALTH

Trial court did not err in refusing to admit the state of mind testimony and in refusing to admit testimony regarding appellant?s money and jewelry; appellant?s convictions for first-degree murder and use of a firearm in the commission of a felony are affirmed

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TABOADA v. DALY SEVEN (ORDER)

Upon considering a petition for rehearing regarding the prior decision of this appeal reported at Taboada v. Daly Seven, Inc., 271 Va. 313, 626 S.E.2d 428 (2006), the Court is of the opinion that its judgment should not be set aside. Accordingly, the judgment of the trial court sustaining the defendant innkeeper's demurrer to the plaintiff guest's claim under Code § 35.1-28 is affirmed, but its judgment sustaining the innkeeper's demurrer to the guest's common law negligence claim is reversed and the case is remanded for a trial on the merits thereof.

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NUSBAUM v. BERLIN

On appeal from the imposition of a monetary sanction against an attorney for misconduct during a jury trial consisting of an award of attorneys? fees and costs to the opposing parties, a finding that the attorney was guilty of criminal contempt of court in violation of Code § 18.2-456(1), and imposition of a fine of $250 pursuant to Code § 18.2-457, the circuit court?s judgment is reversed in part and vacated, because a trial court?s inherent authority to discipline an attorney does not include the power to assess attorneys? fees and costs incurred by an adverse party. The judgment convicting the attorney of contempt of court and imposing the fine is affirmed.

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JOHNSON v. COMMONWEALTH

In an appeal raising various issues concerning the Court of Appeals? consideration and dismissal of a petition for a writ of actual innocence based on non-biological evidence under Code §§ 19.2-327.10 through -327.14, involving recantation of evidence provided at a murder trial by a co-defendant, the Court of Appeals did not err in concluding that the petitioner failed to meet his statutory burden of proof. The judgment of the Court of Appeals dismissing the petition is affirmed.

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ESTES EXPRESS LINES v. CHOPPER EXPRESS, INC.

An indemnity provision in a vehicle lease agreement is not void as against public policy insofar as it would entitle a party to indemnification for liability incurred as the result of personal injuries caused by its own negligence. Thus, the trial court erred in ruling that such an indemnity provision is unenforceable, and in sustaining a demurrer for that reason. The judgment is reversed and the case is remanded for further proceedings.

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RAYTHEON TECHNICAL SERVICES CO. v. HYLAND

In a defamation case, the judgment must be reversed because three of the five allegedly actionable statements are expressions of opinion, not fact, and therefore, should not have been submitted to the jury. Because the record does not reflect which statement or statements formed the basis of the jury verdict and the other grounds for reversal raised by the defendants are not dispositive in the posture of this case, the verdict is set aside and the case is remanded for further proceedings.

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SWITZER v. SWITZER

The Court of Appeals abused its discretion in summarily dismissing divorce and custody appeals brought of right by an indigent pro se litigant based on its prior order barring him from filing future appeals until he paid a $500 judgment entered against him pursuant to Code § 8.01-271.1 as a sanction for filing a frivolous appeal in another custody case involving his son. The order was not narrowly tailored to correct the problem of frivolous filings, and summary dismissal was an unduly severe sanction depriving him of the statutory right to consideration of the appeals. The judgments are reversed and the cases are remanded.

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