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PHILLIPS v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as appellant?s statements did not amount to an unequivocal assertion of his right to counsel

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AJAI KUMAR SANDHIR v. NEETA AHUJA-SANDHIR

Summary affirmance ? trial court did not err in imputing income to appellant for purposes of determining spousal support and in denying appellant?s request for spousal support; remaining issue is barred by Rule 5A:18

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WOOTEN v. COUNTY OF HENRICO

Trial court erred in finding that the Department of Social Services proved by clear and convincing evidence that termination of appellant?s parental rights was in her child?s best interest; trial court?s decision terminating appellant?s parental rights is reversed and the case is remanded

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PARMANN v. COMMONWEALTH

Trial court did not abuse its discretion by admitting the testimony as the witness testified within the scope of his training and expertise as an operator of the testing equipment; judgment affirmed

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COTE v. COTE

Trial court did not err in finding husband responsible for $100,000 in debt incurred prior to the parties? final separation, in awarding husband only forty percent of wife?s retirement account, and in awarding wife spousal support

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BRUCE IVAN FUTRELL v. COMMONWEALTH

Trial court did not err in convicting appellant of attempted rape as the evidence was sufficient to support both the finding of the requisite intent and a finding that appellant committed an overt act in furtherance of the crime

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WINSTON v. WARDEN (UNPUBLISHED ORDER)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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LAMBERT v. JAVED

In a wrongful death and breach of warranty action arising from medical treatment of the decedent, the trial court correctly dismissed the plaintiff's case because of a prior final order dismissing the same cause of action with prejudice based on a plea of the statute of limitations. The dismissal with prejudice of a prior case on the basis of the statute of limitations was an adjudication on a substantive element of the cause of action, thereby directly supporting the doctrine of res judicata. The judgment is affirmed.

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ALLSTATE INSURANCE CO. v. GAUTHIER

In an insurance coverage dispute concerning the insurer's denial of a loss claim for the sinking of a boat, the trial court's findings that the loss was caused by the negligence of the insured in failing to close the boat's seacock valve, and that such negligence did not fall within the exclusions to the policy, are neither plainly wrong nor without evidence to support them. Accordingly, pursuant to Code § 8.01-680, the trial court's judgment will not be disturbed, and it is therefore affirmed.

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DOHERTY v. ALECK

In a malpractice case against a podiatrist, the evidence was clearly sufficient to make a jury issue of whether the surgery performed upon the plaintiff was a proximate cause of the amputation of his toe. The jury?s verdict was supported by credible evidence, and the trial court erred in setting the verdict aside. Issues concerning testimony to a reasonable degree of medical probability, waiver of objections, and proximate causation are discussed. The jury?s verdict is reinstated, and final judgment is entered in favor of plaintiff.

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MCDOWELL v. COMMONWEALTH

In prosecutions for grand larceny under Code §§ 18.2-95 and 18.2-108.01(A), the trial court did not err in admitting into evidence a computer report generated by a retailer's loss prevention officer after using its automatic inventory database system that specified the items taken in a shoplifting incident, their quantities, and their selling prices. Under the circumstances, the report qualified as a business record under the Shopbook Rule. The Court of Appeals' judgment approving the trial court?s ruling admitting the report and upholding the convictions is 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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