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PARKER v. WARREN

In this personal injury action, the trial court erred in concluding that Code § 8.01-229(B)(2)(b) contained a "scrivener's error" and could not be applied as written. There is no "scrivener's error" in this Code provision, and it does not apply to a motion for judgment filed against a defendant who later dies. The judgment is reversed and the case is remanded for further proceedings.

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AFZALL v. COMMONWEALTH

In a declaratory judgment action by an injured minor seeking a determination that the Commonwealth?s lien arising from Medicaid benefits provided in his treatment should be reduced by the legal fees and costs he incurred in obtaining the settlement of a negligence case against a third-party tortfeasor for causing the injuries, the bar of sovereign immunity applies because the Commonwealth has not waived that defense in the context of a declaratory judgment action within the purview of Code § 8.01-66.9. Thus the trial court was without jurisdiction to adjudicate this claim. The appeal is dismissed and final judgment is entered in favor of the Commonwealth.

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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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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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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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PRATT v. COMMONWEALTH

Appellant?s conviction for uttering counterfeit currency is affirmed as the circumstantial evidence was sufficient to exclude all reasonable hypotheses of appellant?s innocence

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RICE v. CROMER

Trial court did not err in its interpretation of Code Section 20-124.3:1 and its subsequent ruling on the motion in limine; trial court?s denial of appellants? petition for visitation is affirmed

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VICKY SCOTT MCGINNISS v. JOHN L. 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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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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