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GEORGE v. COMMONWEALTH

Trial court did not err in convicting appellant of four counts of embezzlement, instead of convictions under the state tax code, where evidence proved appellant failed to remit funds collected from his employees and used for his own benefit funds he held in trust for the Commonwealth

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SHANNON v. SHANNON

No error in trial court?s equitable distribution of parties? property wherein it refused to award appellant a portion of appellee?s military pension, refused to impute income to appellee, refused to award appellant current spousal support, and refused to award appellant attorney?s fees; trial court did not err in refusing to award appellee portion of appellant?s pension

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DONOFRIO v. DONOFRIO

Trial court applied an incorrect standard of proof in determining appellant submitted a forged property settlement agreement; matter remanded to trial court for further proceedings

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SAPONARO v. COMMONWEALTH

Trial court erred in denying appellant?s motion to strike the evidence pertaining to appellant?s conviction of credit card fraud where evidence proved appellant misused a credit card lawfully in his possession with the cardholder?s consent

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THOMAS v. THOMAS

No error in trial court?s discretionary decisions based upon reasonable debatable factual disputes regarding equitable distribution, spousal support, and attorney fees and costs

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YANCEY v. COMMONWEALTH

No error in trial court?s denial of motion to suppress as officers did not violate the Fourth Amendment by detaining appellant to investigate trespassing offense and evidence supported that conviction; trial court erred in convicting appellant of obstructing justice where only evidence of obstruction presented was appellant?s flight from scene

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HARBER v. HARBER

Trial court erred in imputing income to appellant at his pre-retirement employment rate for purposes of calculating amount of spousal support to appellee; on remand to recalculate amount of spousal support, trial court should not consider appellee?s expenses for her two adult children who live with her

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SHELTON v. COMMONWEALTH

Trial court did not err in finding evidence was sufficient to convict appellant of robbery and use of a firearm in the commission of robbery; trial court did not abuse its discretion in denying motion to reconsider and request for a new trial based on after-discovered evidence, and in denying motion for a continuance

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MCCATTY v. COMMONWEALTH

No error in trial court?s dismissal of appellant?s appeal of the denial of his claim by the Board for Contractors under the Virginia Contractor Transaction Recovery Act where evidence showed appellant?s wife received payment of her claim and there was only one transaction and one judgment

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LETHA J. SHANNON v. DENNIS F. SHANNON

No error in trial court?s equitable distribution of parties? property wherein it refused to award appellant a portion of appellee?s military pension, refused to impute income to appellee, refused to award appellant current spousal support, and refused to award appellant attorney?s fees; trial court did not err in refusing to award appellee portion of appellant?s pension

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DAVID YANCEY v. COMMONWEALTH OF VIRGINIA

No error in trial court?s denial of motion to suppress as officers did not violate the Fourth Amendment by detaining appellant to investigate trespassing offense and evidence supported that conviction; trial court erred in convicting appellant of obstructing justice where only evidence of obstruction presented was appellant?s flight from scene

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MISSION RESIDENTIAL v. TRIPLE NET PROPERTIES

In an appeal from an order denying a motion to stay arbitration proceedings pursuant to Code § 8.01-581.02(B) filed by one of the members of a member-managed limited liability company against the other member, the trial court erred in denying the motion where the party opposing it failed to meet its burden of proving the existence of an agreement in which the movant had agreed to submit its disputes with the limited liability company to arbitration. The circuit court's judgment is reversed and the case is remanded for further proceedings.

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AHARI v. MORRISON

In a wrongful death action, the circuit court did not err in granting the defense plea of the statute of limitations. Because Rule 1:8 requires leave of court to amend any pleading after it is filed, an amended complaint is not deemed filed, and is thus without legal efficacy, until a trial court grants leave to amend. Thus, the claims asserted against the defendants named in an amended complaint were time barred despite plaintiff having sought leave to amend three days prior to the expiration of the limitations period. The judgment is affirmed.

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PURCE v. PATTERSON

The trial court did not err in ruling that an estranged husband was not eligible for an elective share of the spouse's augmented estate under Code § 64.1-16.3. The record shows that both before and after the parties separated, the husband showed none of the normal indicia of supporting his spouse or of the marital relationship. The evidence was sufficient to support the trial court?s holding that he abandoned his wife prior to and continuing until the time of her death under Code § 64.1-16.3. Accordingly, the judgment of the trial court that he was not eligible for an elective share of the wife's augmented estate is affirmed.

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LLOYD v. KIME

In a medical malpractice case, the trial court did not err in using deposition evidence to resolve a motion in limine and subsequent motion for summary judgment where no objection was made, or in holding that an expert witness was not qualified under Code § 8.01-581.20 to testify on standard of care and breach thereof respecting intraoperative negligence. However, it was an abuse of discretion to conclude that the expert was not qualified to testify on these issues with respect to postoperative negligence, or causation as to either allegation of negligence. The judgment is affirmed in part and reversed in part, and the case is remanded.

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NATIONWIDE MUTUAL INSURANCE CO. v. ST. JOHN

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. NATIONWIDE MUTUAL INSURANCE CO. v. ST. JOHN January 14, 2000 Record No. 990161 ...

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COSTON v. BIO-MEDICAL APPLICATIONS

In a medical negligence case alleging that defendant's employees placed the plaintiff in a defective chair for a kidney dialysis procedure, even though they had knowledge that the chair was not safe, the allegations, if proven at trial, would be sufficient to establish a prima facie case of medical negligence without the necessity of expert testimony. Based upon these allegations, the issue whether the acts or omissions constitute medical negligence is within a jury's common knowledge and experience and, therefore, expert testimony is not necessary. The judgment of the circuit court is reversed and the case is remanded for a trial on the merits.

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OTT v. L&J HOLDINGS

In a declaratory suit addressing whether a wife's execution of a deed should be set aside as exceeding her authority under a power of attorney, the circuit court did not err in admitting parol evidence. Credible evidence supported the findings that the deed was not a deed of gift, that it was given for a valuable consideration without donative intent, that the transfer was undertaken for legitimate business reasons, and that both spouses received benefits commensurate with their respective property interests without any self-dealing by the wife. The transaction was therefore within the powers granted by the power of attorney. The judgment is affirmed.

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NATIONWIDE MUTUAL INSURANCE CO. v. JOHN

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. NATIONWIDE MUTUAL INSURANCE CO. v. JOHN January 14, 2000 Record No. 990161 NATIONWIDE ...

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WRIGHT v. COMMONWEALTH

The Court of Appeals did not err in finding that a circuit court, after accepting a plea agreement of the type specified in Rule 3A:8(c)(1)(C), can nevertheless impose additional terms of suspended incarceration and post-release supervision pursuant to Code §§ 18.2-10(g) and 19.2-295.2(A) when such terms are not mentioned in the plea agreement. Because general principles of contract law apply to plea agreements and the law in effect when a contract is made becomes a part of the contract as though expressly incorporated therein, the judgment of the Court of Appeals of Virginia is affirmed.

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PHELPS v. COMMONWEALTH

In a prosecution for felony eluding and endangerment in violation of Code § 46.2-817(B), the defendant was himself a "person" endangered by his own conduct and could be convicted under this section on that basis. The judgment of the Court of Appeals upholding his conviction is affirmed.

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MITCHELL v. COMMONWEATH

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. MITCHELL v. COMMONWEALTH NOVEMBER 16, 1999 Record No. 2313-98-1 PHILLIP ASHBY MITCHELL v. ...

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MALBROUGH v. COMMONWEALTH

In a prosecution for drug and weapons violations in which defendant claimed that a consent search of his person conducted at a roadside stop after being told that he was free to leave violated his Fourth Amendment rights, it cannot be said that the trial court's conclusion that a reasonable person would have felt free to ignore such request and leave the scene was plainly wrong or unsupported by the evidence. Defendant did not establish that the circuit court committed reversible error in that finding, and no error is found in the application of law by either that court or the Court of Appeals. Accordingly the judgment upholding the convictions is affirmed.

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JOHNSON v. TICE

In considering a habeas corpus petition, the circuit court erred in holding that petitioner satisfied his evidentiary burden in an ineffective assistance of counsel claim based on failure to move for suppression of his confession at trial. As a matter of law, petitioner failed to establish that there was a reasonable probability of a different result at trial if the jury had not considered the confession. The record does not undermine confidence in the outcome of the proceedings, and the assignment of cross-error regarding trial counsel's failure to offer a particular letter in evidence does not affect this decision.

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MITCHELL v. COMMONWEATH (59206)

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. MITCHELL v. COMMONWEALTH NOVEMBER 16, 1999 Record No. 2313-98-1 PHILLIP ASHBY MITCHELL v. ...

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GEORGE MASON UNIVERSITY v. FLOYD

In an appeal from a state university's decision denying a student in-state tuition status under Code § 23-7.4(B), jurisdiction lies in the Supreme Court under Code § 8.01-670(A)(3) because under Code § 17.1-405 the Court of Appeals does not have jurisdiction over an administrative decision made by an entity that is not purely an administrative agency. On the merits, in light of the presumption established in Code § 23-7.4(B), the university's decision was not arbitrary, capricious, or otherwise contrary to law. The judgment of the circuit court is reversed, and final judgment is entered for the university.

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BISHOP v. COMMONWEALTH

In a prosecution for violation of Code § 46.2-357 the Commonwealth failed to prove beyond a reasonable doubt that the defendant received actual notice that he had been determined to be an habitual offender, where the transcript of the defendant's driving record failed to clearly reflect that he had received such notice. The defendant's conviction for a violation of Code § 46.2-357 is dismissed. On request of the Commonwealth and the defendant, a conviction for violation of Code § 18.2-460(C) is vacated, and a portion of the case is remanded to the circuit court for a new sentencing proceeding on the lesser included offense as set forth in Code § 18.2-460(B).

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HOLDEN v. HOLDEN

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. HOLDEN v. HOLDEN NOVEMBER 16, 1999 Record No. 2614-98-3 ROBERT CHARLES HOLDEN v. ...

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FORD MOTOR CO. v. FAVINGER

In considering a claim for temporary partial disability benefits under the Virginia Workers? Compensation Act, Code §§ 65.2-100 through 65.2-1310, the Commission's award, affirmed by the Court of Appeals, was not predicated upon evidence that the employee made a reasonable effort to market his residual work capacity. Because the record contains no such evidence, the judgment of the Court of Appeals is reversed and final judgment is entered for the employer.

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PARKER v. COMMONWEALTH

In a prosecution for the felony of obtaining money in excess of $200 under false pretense in violation of Code § 18.2-178 by passing off fake pills in a drug transaction, the element of false inducement to part with money or property was proven by sufficient evidence and the question whether the purchaser would have parted with his money or goods without this pretense was properly a question for the jury. The judgment of the Court of Appeals, upholding the conviction, is affirmed.

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STEPP, et al. v. FOSTER, et al. (59416)

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. STEPP, et al. v. FOSTER, et al. January 14, 2000 Record No. 990404 ...

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