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KESWICK CLUB v. COUNTY OF ALBEMARLE

Considering an application under Code § 58.1-3984 for correction of real property tax assessments, the circuit court erred in employing the standard of review applicable when assessments are entitled to a presumption of validity, requiring proof of manifest error or that controlling evidence was disregarded. An assessment based on a single market value determination approach, when others are not considered and properly rejected, is not entitled to a presumption of validity. The judgment is reversed and the case remanded for application of the less stringent standard of review requiring the taxpayer to prove only that the assessments were erroneous.

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HOLMES v. LEVINE

In a wrongful-death action based on alleged medical malpractice by a radiologist, the trial court erred in refusing to give the plaintiff?s requested jury instruction on the issue of proximate causation. The trial court did not err either in overruling plaintiff?s objection that certain testimony of a treating physician did not satisfy the requirements of Code § 8.01-399(B) or in sustaining an objection to testimony elicited on cross-examination of a medical expert witness concerning the cause of death listed in a death certificate. The judgment is reversed in part and affirmed in part, and the case is remanded for a new trial on all issues.

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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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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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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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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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ROCKINGHAM MEMORIAL HOSPITAL v. 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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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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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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COMMONWEALTH v. CARL L. DESEI

Trial court erred in finding that the government initiated the contact with appellant and in granting appellant?s motion to suppress; judgment is reversed and the case is remanded for a determination of whether appellant knowingly and intelligently waived his previously invoked right to counsel

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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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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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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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