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WASHINGTON v. COMMONWEALTH (121803)

The Court of Appeals did not err in affirming the judgment convicting defendant of malicious wounding after having been twice convicted of a violent felony and one count of stabbing, cutting or wounding another person in the commission of a felony, in a case where the trial judge allowed the Commonwealth to present evidence of defendant's two prior felony convictions during the guilt phase of the trial subject to appropriate instructions. The judgment is affirmed.

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STEVENS v. COMMONWEALTH (121804)

Any error in defendant's prosecution for aggravated involuntary manslaughter under Code § 18.2-36.1 arising from evidence as to certain blood alcohol tests, and the alleged deprivation of his right to have a particular blood sample independently tested, was harmless beyond a reasonable doubt. Further, the evidence was sufficient to support his conviction, which is affirmed.

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BARBER v. VISTARMS, INC. (121805)

In a petition for writ of mandamus filed by a former shareholder of an employee-owned closely-held corporation, the trial court did not err in sustaining the defendant corporation's demurrer. Petitioner?s ownership of stock in the corporation ceased, by operation of written agreements, upon the termination of his employment; thus, petitioner was not a shareholder and lacked standing to pursue the petition at the time of filing. The trial court's judgment sustaining the demurrer and dismissing the amended petition with prejudice is affirmed.

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ANGEL M. ANDERSON v. COMMONWEALTH

Trial court did not err in convicting appellant of 1991 charges of rape, robbery, and forcible sodomy as appellant?s DNA matched DNA from the state?s DNA databank; appellant?s convictions affirmed

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DAVID JASON O?CONNELL v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to sustain appellant?s convictions of involuntary manslaughter and leaving the scene of an accident; appellant?s convictions affirmed

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UDAY PATEL v. LAVINA PATEL

Trial court did not err in classifying a portion of the investment in the residence, four bank accounts, and an investment account, as marital property, in valuing two of those bank accounts as of the separation date, and in awarding attorney?s fees to wife

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CLIFTON O. BALLARD, III v. BETHEL B. BALLARD

No reversible error in the trial court admitting evidence of negotiation and compromise between the parties; trial court erred by basing its division of the marital estate on a perceived economic hardship created by the divorce; judgment pertaining to the equitable distribution award is reversed and this matter is remanded to the trial court to reconsider the division of the marital property

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GIANT FOOD v. GRIFFIN

Summary affirmance ? no error in commission?s finding that claimant sustained her burden of proving ongoing disability and awarding her temporary total disability benefits based upon what employer claims are an incomplete medical diagnosis and inaccurate medical history

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CURRY v. CONSOL ENERGY

Summary affirmance ? commission did not err in finding that appellant specifically declined to allege his post-traumatic stress disorder (PTSD) as an injury by accident and failed to prove that his PTSD constituted a compensable occupational disease

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JAYNES v. COMMONWEALTH

This Court holds that the trial court had jurisdiction over this case and that Code Section 18.2-152.3:1 does not violate the First Amendment, does not violate the Dormant Commerce Clause, and is not unconstitutionally vague; appellant?s convictions are affirmed

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CLEVE CURRY v. CONSOL ENERGY, INC.

Summary affirmance ? commission did not err in finding that appellant specifically declined to allege his post-traumatic stress disorder (PTSD) as an injury by accident and failed to prove that his PTSD constituted a compensable occupational disease

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JEREMY JAYNES v. COMMONWEALTH

This Court holds that the trial court had jurisdiction over this case and that Code Section 18.2-152.3:1 does not violate the First Amendment, does not violate the Dormant Commerce Clause, and is not unconstitutionally vague; appellant?s convictions are affirmed

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NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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NEOFOTIS v. COMMONWEALTH (121403)

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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BRENDA S. NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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NICKY NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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WILLIAMS PATRICK PIERCE, II, S/K/A PATRICK WILLIAM PIERCE, II v. COMMONWEALTH

Trial court did not err in finding that appellant violated the terms and conditions of his probation and revoking his previously suspended sentences; trial court erred in ordering appellant?s sentences to run consecutively rather than concurrently and in failing to credit appellant with six months incarceration previously served; judgment affirmed in part, reversed in part, and case remanded

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PIERCE v. COMMONWEALTH

Trial court did not err in finding that appellant violated the terms and conditions of his probation and revoking his previously suspended sentences; trial court erred in ordering appellant?s sentences to run consecutively rather than concurrently and in failing to credit appellant with six months incarceration previously served; judgment affirmed in part, reversed in part, and case remanded

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DINGLER v. ROANOKE COLLEGE

Summary affirmance ? commission did not err in finding that appellant failed to prove he sustained a compensable injury by accident arising out of and in the course of his employment

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KENDELL LEON COWARD v. COMMONWEALTH

Trial court erred in convicting appellant of possession of cocaine as the evidence adduced at trial was insufficient to prove that appellant knowingly and intentionally possessed cocaine; judgment reversed and indictment dismissed

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