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FORD MOTOR CO. v. BENITEZ

The trial court did not abuse its discretion in imposing monetary sanctions against an attorney under Code § 8.01-271.1 where, under an objective standard of reasonableness, the attorney had knowledge at the time of signing a pleading, formed after reasonable inquiry, that there was no factual support for several affirmative defenses asserted therein. The trial court's judgment is affirmed.

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HUGHES v. DOE

In a suit alleging that an employer was liable for the negligence of its employee under a respondeat superior theory, dismissal of a claim against the employee with prejudice on procedural grounds terminates the plaintiff's ability to hold the employee liable for any alleged negligence, but does not amount to an affirmative finding of the employee's non-negligence. Absent such a finding, the employer is not exonerated under the derivative liability principle and such dismissal does not preclude further proceedings against the employer. The judgment of the trial court dismissing the case is reversed and the case is remanded for further proceedings.

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DOE v. TERRY

In a personal injury action, the circumstantial evidence adduced was insufficient to establish by a preponderance of the evidence that an unknown driver threw an object that struck and injured plaintiff as he was performing maintenance work inside an interstate highway tunnel. Thus, there was insufficient evidence of John Doe's negligence to permit plaintiff to recover against the defendant insurer. The jury verdict in the plaintiff?s favor is reversed and final judgment is entered in John Doe's favor.

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HARMON v. SADJADI

A foreign personal representative not qualified in Virginia lacked standing to file a proceeding in Virginia arising from alleged personal injury suffered by the decedent here. Neither her initial suit filed in Virginia, nor her foreign qualification, triggered the one-year period for commencement of suits under Code § 8.01-229(B)(1). Instead, that period began to run upon her later qualification as personal representative in Virginia. The present case was filed within one year thereof; therefore the trial court erred in sustaining the defendants? plea of the statute of limitations. The judgment is reversed and the case is remanded for further proceedings.

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WEST v. DIRECTOR, DEPT. OF CORRECTIONS

A writ of habeas corpus is granted on a claim for denial of the Sixth Amendment right to effective assistance of counsel based on the failure of petitioner's trial attorney to raise a double jeopardy challenge to convictions of both aggravated involuntary manslaughter and involuntary manslaughter, and the "concurrent sentencing doctrine" is rejected as a basis for denying petitioner relief from the latter conviction. The petitioner's common law involuntary manslaughter conviction and sentence are vacated, and the remainder of the petition is dismissed.

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BAILEY v. TURNBOW

In an action by an executrix of a decedent's estate to invalidate a deed of gift for real property made shortly before death, the evidence was insufficient to establish a confidential relationship between the decedent and the donee and thus no presumption of undue influence arose. Without such a presumption the chancellor's decision setting the deed aside on the ground that it had been procured by undue influence was unsupported by the evidence. The decree is reversed and final judgment is entered.

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ALMY v. GRISHAM

The trial court erred in dismissing a claim for intentional infliction of emotional distress upon demurrer by several defendants, where the plaintiff had alleged facts sufficient to satisfy the elements of such claim with respect to these defendants. However, a plaintiff may not assert a cause of action in Virginia for civil conspiracy to intentionally inflict severe emotional distress; thus, the trial court did not err in dismissing this claim with respect to all of the defendants. The judgment is affirmed in part and reversed in part, and the case is remanded.

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MCGUIRE v. HODGES

In a wrongful death action, the trial court erred in setting aside a jury verdict for the plaintiff where circumstantial evidence was sufficient to support the decision reached by the jury that defendant's negligence was probably, rather than merely possibly, a proximate cause of a child's death. The judgment of the trial court is reversed, the jury's verdict is reinstated, and final judgment is entered for the plaintiff.

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DAVIS v. COMMONWEALTH

Trial court did not err in rejecting appellant?s claim of self-defense and in finding that appellant used excessive force; appellant?s conviction for assault and battery is affirmed

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EDGER BARNETT v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to strike the Commonwealth?s evidence as the evidence was sufficient to prove that appellant attempted to break and enter the apartment building with the intent to commit larceny and that he possessed a burglarious tool; appellant?s convictions are affirmed

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LESESNE v. ZABLOCKI

Judgment pertaining to the trial court?s ruling that the evidence was sufficient to prove appellee made a gift to appellant of his separate interest in the marital home at the time of the 1997 refinancing is reversed, and the matter is remanded to the trial court for reconsideration; judgment affirmed in part, reversed in part, and remanded

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JERRY LAMONT BARNES v. COMMONWEALTH

Trial court did not err in finding the prosecutor?s use of a peremptory strike to remove a member of the jury panel was not racially motivated, refusing to instruct the jury that malice may not ordinarily be inferred from a blow with a fist, and refusing to instruct the jury on heat of passion; appellant?s conviction is affirmed

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COMMONWEALTH v. WELLS

Trial court did not err in concluding that the evidence presented by the Commonwealth at the suppression hearing failed to establish an investigatory stop based on a reasonable articulable suspicion of the evasion or avoidance of a roadblock; judgment of the trial court affirmed

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DEVAN ELISA KOCH v. COMMONWEALTH

Appellant?s convictions of forgery and uttering of a public record are affirmed as the evidence was sufficient to prove the community service attendance sheet was a public record within the meaning of Code Section 18.2-168; trial court did not err in admitting into evidence a document providing appellant with notice that the community service attendance sheet was a public record

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MACDONALD v. COMMONWEALTH

Trial court did not err in convicting appellant of solicitation to commit a felony and contributing to the delinquency of a minor

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BLANKENSHIP v. COMMONWEALTH

Appellant failed to properly preserve for appeal the issue of whether the trial court erred in allowing the prosecutor to make improper remarks to the jury during his closing argument; appellant?s convictions are affirmed

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NICHOLS v. COMMONWEALTH

Trial court did not err finding the evidence was sufficient to support appellant?s conviction of possessing a firearm as a convicted felon

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BARNETT v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to strike the Commonwealth?s evidence as the evidence was sufficient to prove that appellant attempted to break and enter the apartment building with the intent to commit larceny and that he possessed a burglarious tool; appellant?s convictions are affirmed

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BARNES v. COMMONWEALTH

Trial court did not err in finding the prosecutor?s use of a peremptory strike to remove a member of the jury panel was not racially motivated, refusing to instruct the jury that malice may not ordinarily be inferred from a blow with a fist, and refusing to instruct the jury on heat of passion; appellant?s conviction is affirmed

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KOCH v. COMMONWEALTH

Appellant?s convictions of forgery and uttering of a public record are affirmed as the evidence was sufficient to prove the community service attendance sheet was a public record within the meaning of Code Section 18.2-168; trial court did not err in admitting into evidence a document providing appellant with notice that the community service attendance sheet was a public record

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FREDERICK LEON DAVIS v. COMMONWEALTH

Trial court did not err in rejecting appellant?s claim of self-defense and in finding that appellant used excessive force; appellant?s conviction for assault and battery is affirmed

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JACQUELINE ANN LESESNE v. THADDEUS JOHN ZABLOCKI

Judgment pertaining to the trial court?s ruling that the evidence was sufficient to prove appellee made a gift to appellant of his separate interest in the marital home at the time of the 1997 refinancing is reversed, and the matter is remanded to the trial court for reconsideration; judgment affirmed in part, reversed in part, and remanded

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COMMONWEALTH v. JEFFREY MAURICE WELLS

Trial court did not err in concluding that the evidence presented by the Commonwealth at the suppression hearing failed to establish an investigatory stop based on a reasonable articulable suspicion of the evasion or avoidance of a roadblock; judgment of the trial court affirmed

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HARLEN (HARLON) DILLON BLANKENSHIP v. COMMONWEALTH

Appellant failed to properly preserve for appeal the issue of whether the trial court erred in allowing the prosecutor to make improper remarks to the jury during his closing argument; appellant?s convictions are affirmed

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EALY v. COMMONWEALTH

Trial court did not abuse its discretion in refusing to allow appellant to question the witness about her nephew as the proffered evidence was not legally admissible; appellant?s convictions are affirmed

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GERALD EUGENE KISER v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress evidence; appellant?s conviction for possession of a controlled substance with intent to distribute is affirmed

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MILLER v. MILLER

No error in trial court?s denial of appellant?s motion to increase spousal support

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ROCKINGHAM MEMORIAL HOSPITAL AND RECIPROCAL OF AMERICA, et al. v. BARBARA LEE SHIFFLETT

Summary affirmance ? no error in commission?s finding that appellee established she sustained a change in condition causally related to her compensable right knee injury, and, therefore, the two-year limitations period contained in Code Section 65.2-708 was applicable to her claim for temporary total disability benefits

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CHRISTOPHER v. COMMONWEALTH

Trial court did not abuse its discretion by relying on the indictments and in denying appellant?s motion for a bill of particulars; the remaining issues are procedurally barred; appellant?s convictions are affirmed

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ADHAN MALDONADO, S/K/A ADAN MALDONADO v. COMMONWEALTH

Trial judge erred by failing to set aside the jury verdict after an ex parte communication occurred between court personnel and the jury during deliberations; appellant?s conviction is reversed and the case is remanded for a new trial

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ZINN v. ZINN

Summary affirmance ? no error in trial court?s decision to modify the visitation order

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BARRETT THOMAS VERNON v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of two counts of uttering forged checks and two counts of petit larceny, second offense

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JOHN MARK EALY v. COMMONWEALTH

Trial court did not abuse its discretion in refusing to allow appellant to question the witness about her nephew as the proffered evidence was not legally admissible; appellant?s convictions are affirmed

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SOUTHERS v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress his statement to police; appellant?s convictions are affirmed

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