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MATTHEWS v. COMMONWEALTH

No error in trial court?s denial of appellant? motion to suppress the cocaine as police had reasonable suspicion that appellant was engaged in criminal activity

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JESSIE WAYNE 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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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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POWELL v. COMMONWEALTH

Appellant?s conviction for driving with a revoked license while a habitual offender is affirmed as appellant did not show that the underlying order adjudicating him as a habitual offender was void

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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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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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MICHAEL RICARDO 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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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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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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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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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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HAMLET v. HAYES

In a suit for specific performance of a shareholders' agreement relating to purchase of shares in a closely held corporation, the trial court erred in sustaining the defendants' demurrers based on the view that, as a matter of law, the plaintiffs' bill of complaint failed to allege the essential elements of a breach of contract suit entitling them to the relief of specific performance. The judgment is reversed and the case is remanded for further proceedings.

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TABOADA v. DALY SEVEN (ORDER) (123157)

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 &sect; 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. (<a href="http://www.courts.state.va.us:80/#051094">See the Opinion, Taboada v. Daly Seven, Inc., dated March 3, 2006</a>)

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TRUSTEES v. BD. OF ZONING, CITY OF NORFOLK

In a zoning dispute, the circuit court did not err in affirming a zoning administrator's conclusion, upheld by the board of zoning appeals, that the term "adjacent" used in an ordinance provision permitting a zoning lot to be comprised of multiple adjacent lots for purposes of determining maximum buildable area, did not include two of plaintiffs' lots situated across from one another but separated by a public street. This interpretation is neither plainly wrong nor in violation of the purpose and intent of the ordinance as a whole, and correct principles of law were applied in adopting it. The judgment is affirmed.

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C. GIVENS BROTHERS, L.L.C. v. TOWN OF BLACKSBURG (ORDER)

The circuit court did not err in finding that a limited liability company's petition for a writ of mandamus seeking to compel a municipality's construction of sewer lines to its property, which the municipality had previously annexed, was barred by the statute of limitations. Prior case law does not limit the application of a statute of limitations to such a petition on the basis of the relief sought therein, and since the limited liability company's cause of action accrued, at the latest date, in November of 1985, regardless of which statute of limitations applies in the case at bar, the petition, filed approximately 20 years later, was not timely.

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PARIKH v. FAMILY CARE CENTER, INC.

Judgment for the plaintiff medical care center, a non-professional corporation, in a suit to enforce a covenant not to compete given by a physician it formerly employed is reversed because a non-professional corporation cannot engage in the practice of medicine in the Commonwealth. As a result, plaintiff has no legitimate business interest in enforcing the covenant not to compete against the physician following the termination of his employment. The judgment is reversed and final judgment is entered in favor of the physician.

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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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