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ELLISON v. COMMONWEALTH

In a civil proceeding under Code § 37.2-900 et seq., the Commonwealth alleged that an inmate previously convicted of a sexual crime was a sexually violent predator. Under the doctrine of collateral estoppel and the constitutional protections against double jeopardy, the trial court did not err by admitting into evidence in the civil trial evidence from a rape victim in a criminal case where the defendant had been acquitted. The judgment is affirmed.

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WESTLAKE PROPERTIES v. WESTLAKE POINTE ASS'N

In a property owners' association's action against the corporate developer of a townhome community and the construction contractor, no error or abuse of discretion is found in the trial court's rulings allowing the association to proceed on a damage claim involving nonparty property owners, finding that the association had standing, concluding that individual property owners were not necessary parties, denying a mistrial arising from impeachment of a witness, or instructing the jury concerning proximate causation and damages. The judgment 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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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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COMMONWEALTH v. 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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MCGINNISS v. MCGINNISS

Judgment declining to award appellant the survivor annuity benefit to appellee?s pension and in refusing to re-refer that issue to the commissioner in chancery are affirmed; judgment limiting appellant?s marital share of appellee?s pension benefits to a fixed amount as if appellee had retired on the date of separation is reversed, and this matter is remanded to the trial court

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GARY DALE LONDON v. COMMONWEALTH

Trial court abused its discretion by not permitting the substitution of retained counsel and in not granting a reasonable continuance for him to prepare for trial; appellant?s convictions are reversed and the case is remanded to the trial court

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BOOKER v. COMMONWEALTH

Appellant?s convictions of forcible sodomy, object sexual penetration, and abduction are affirmed as appellant?s right to a statutory speedy trial under Code Section 19.2-243 was not violated

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LONDON v. COMMONWEALTH

Trial court abused its discretion by not permitting the substitution of retained counsel and in not granting a reasonable continuance for him to prepare for trial; appellant?s convictions are reversed and the case is remanded to the trial court

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JAMES RICHARD 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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DARRIO L. COST v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the officer had probable cause to seize the capsules after a pat down; trial court did not err in finding the evidence sufficient to convict appellant of possession of heroin with the intent to distribute

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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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COST v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the officer had probable cause to seize the capsules after a pat down; trial court did not err in finding the evidence sufficient to convict appellant of possession of heroin with the intent to distribute

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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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