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MILES v. COMMONWEALTH (121817)

When strictly construed, the provisions of Code § 37.2-903(C), a part of the Civil Commitment of Sexually Violent Predators Act, Code §§ 37.2-900 through -919, require that an inmate evaluated with a designated testing instrument receive, as a condition precedent, a particular numerical score in order for the Commonwealth to initiate proceedings to have him declared a sexually violent predator under the Act. The judgment is reversed and the Commonwealth's petition is dismissed with prejudice.

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HERR v. WHEELER (121802)

The trial court erred in granting a "sudden emergency" instruction in a vehicular accident case where the defendant's vehicle "hydroplaned" on water during a heavy rainstorm. The judgment is reversed and the case is remanded for a new trial.

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BARRETT v. VIRGINIA STATE BAR (121818)

Concerning charges of attorney misconduct, that part of a judgment of a three-judge court holding that certain actions taken by an attorney during his divorce proceeding violated Rules 4.4, 8.4(b), 3.1 and 3.4 of the Rules of Professional Conduct is affirmed, but that part holding that his actions regarding representation of a personal injury client and an ensuing legal malpractice action violated Rules 1.1 and 1.3 is reversed. The sanction imposed is vacated and the case remanded for consideration of an appropriate sanction for the affirmed violations.

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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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RAWLS v. COMMONWEALTH (121806)

In a prosecution for possession of a firearm by a convicted felon under Code § 18.2-308.2(A), an amended warrant charging that the prior conviction was for a violent felony under Code § 17.2-805 did not alter the nature or character of the offense. The Court of Appeals correctly determined that the trial court did not err in allowing the trial to proceed on the amended warrant. The effect of defendant's purported waiver of indictment, sufficiency of the evidence of possession to support the conviction, and refusal of a mistrial based on an excessive sentence in the jury's initial verdict, are also discussed. The judgment 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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