EVERETT v. COMMONWEALTH

Trial court did not err in quashing appellant's subpoena duces tecum as documents not discoverable and in finding search was proper

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IN RE: ADAMS

Petition for a Writ of Actual Innocence dismissed where petitioner has proffered no evidence that was previously unknown or unavailable as required by Code Section 19.2-327.11

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NAVARETTE-RAMOS v. COMMONWEALTH

Appellant's conviction of recruiting a juvenile to partipate in or become a member of a criminal street gang affirmed under Rule 5A:18 where issue raised on appeal was not raised in trial court

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ACHESON v. COMMONWEALTH

Trial court did not err in admitting certificate of analysis from appellant's blood alcohol test and in finding evidence sufficient to convict appellant of driving under the influence

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JONES v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to prove conviction of felony child neglect

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COMMONWEALTH v. HILL

Trial court erred in granting appellee's motion to suppress as evidence was obtained pursuant to a valid search within an area subject to appellee's immediate control

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GILLILAND v. GILLILAND

Summary affirmance - no error in trial court's decision concerning equitable distribution award or in award of attorney's fees to appellee related to appellant's motion for reconsideration

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YIP v. YIP

Summary affirmance - as appellant's opening brief does not meet the requirements of Rule 5A:20, Court finds appellant's questions presented do not warrant appellate consideration

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GRUETTNER v. GRUETTNER

Trial court did not err in granting a divorce on the basis of husband's desertion or regarding spousal support and attorney's fees awards

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JARIRI v. DIVISION OF CHILD SUPPORT ENFORCEMENT, ETC.

Trial court did not err in setting amount of child support; issue of whether trial court lacked jurisdiction to consider the merits of case under the principle of comity barred by Rule 5A:18

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WOODRUFF v. COMMONWEALTH

Trial court did not err in denying appellant's motion to strike; evidence was sufficient to support appellant's conviction of embezzlement.

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CANADY v. COMMONWEALTH

No error in imposition of sentence on a probation violation; the original sentence did not exceed the limits proscribed by law.

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NEELY v. COMMONWEALTH

Trial court erred in finding that it did not have jurisdiction under Code Section 19.2-303 to consider a motion to modify sentence while the defendant was in the custody of the Federal Bureau of Prisons; trial court also erred in ruling that Rule 1:1 deprived it of jurisdiction to entertain defendant's motion to modify his sentence.

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HARRISON v. COMMONWEALTH

Trial court did not err in ordering that the sentences run consecutively when the jury requested that they run concurrently; outcome of case deterimined by statutory mandate of Code Section 19.2-308.

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FRIMPONG v. COMMONWEALTH

Appellant's conviction for first-degree murder is affirmed; because Walshaw v. Commonwealth, 44 Va. App. __, 2004 Va. App. LEXIS 483, at * 13 (2004), governs this case, appellant's challenge to the statutory short-form indictment is rejected.

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ELEY v. COMMONWEALTH

Trial court did not err in admitting the juvenile court petition to prove the age of the minor to whom appellant distributed cocaine; even if the arresting officer's testimony regarding appellant's age was erroneously admitted it was harmless error; other evidence provided sufficient grounds from which the trial court could deduce appellant's age.

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HAR-LEE COAL COMPANY, et al. v. MULLINS

The commission did not err in finding that claimant met his burden of proof as the finding is supported by credible evidence and reasonable inferences drawn from the evidence; employer's due process rights were not violated and commission did not err in denying motion to vacate the review opinion and remand the case for further proceedings; doctrine of imposition does not apply.

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MEDLIN v. COMMONWEALTH

Trial court did not err in finding that the evidence was sufficient to prove that appellant used the vehicle in question without authority.

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AKERS v. FAUQUIER COUNTY DEPARTMENT OF SOCIAL SERVICES

No error in trial court's order terminating appellant's parental rights to child; trial court did not err in ruling that DSS did not have to afford appellant services after goal changed to adoption; trial did not err in finding that the requirements of Code Section 16.1-382(C)(1) and (2) were proved; trial court did not err in considering child's preferences.

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SMITH v. COMMONWEALTH

Trial court did not err in denying appellant's motion to withdraw guilty plea; credible evidence supports the trial court's denial of the motion

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DAVENPORT v. G.D.C., INC.

Trial court applied an incorrect standard in making its determination; the trial court was required to determine under the Virginia Overhead High Voltage Line Safety Act whether the hazard was "open and obvious" and whether G.D.C., Inc. "knew or should have known of the problem [or practice or condition] on the worksite that resulted in [employee's] death."

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WINSTON v. COMMONWEALTH

No error is found in review of three counts of capital murder and related felony convictions. Issues concerning appointment of defense experts, seating and removal of jurors, admission of evidence, in-court identification testimony, jury instructions and verdict forms, malice, concerted action/joint participation, depravity of mind, lesser included offenses, as well as sufficiency of the evidence, double jeopardy, and mental retardation issues are considered. Sentence proportionality issues are also addressed. The defendant's convictions and death sentences are affirmed.

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AUSTIN v. COMMONWEALTH

The Court of Appeals correctly upheld the circuit court's denial of a juvenile's motion to dismiss parole revocation proceedings because under Code § 16.1-241 the circuit court acquired subject matter jurisdiction over the matter upon the juvenile's appeal from the juvenile and domestic relations court, and the circuit court retained such jurisdiction under Code § 16.1-297 at the time when the parole revocation proceedings were initiated. The Court of Appeals' judgment is affirmed.

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LINDEMAN v. LESNICK

In a defamation case, the trial court did not err in refusing to strike the evidence based on a claim that the defamatory statements were made by a workers' compensation award recipient to his counsel, long after the award of benefits was finalized. The judgment for the plaintiff is affirmed.

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SMITH v. IRVING, et al.

In the trial of a medical malpractice action in which the jury returned a verdict for the defendant physician, the circuit court did not abuse its discretion in refusing to permit the plaintiff to cross-examine the defendant regarding ?standard of care? issues not addressed by the defendant's testimony on direct examination. The judgment is affirmed.

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BILLUPS v. CARTER

In two related actions under 42 U.S.C. § 1983 alleging assault and battery by a prison employee who demanded unconsented sexual conduct, the trial court erred in sustaining the defendants? demurrers, pleas and motions to dismiss, dismissing the actions on statute of limitations and exhaustion of administrative remedies grounds, and denying a plaintiff?s motion to add the Commonwealth as a party defendant. The final orders in both cases are reversed and the cases are remanded to the trial court for further proceedings.

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MCCLOSKEY v. KANE

The trial court erred in dismissing a wrongful death action against an emergency medical care provider at a state mental hospital based upon the doctrine of sovereign immunity. The Commonwealth's interest and involvement in the defendant doctor's functions was slight and its control limited. Therefore, defendant was not entitled to the protection of the doctrine of sovereign immunity from liability for his alleged negligent acts in treating the decedent, and the trial court erred in sustaining the defendant's plea of sovereign immunity. The judgment is reversed and the case is remanded for further proceedings.

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INOVA HEALTH SYSTEM v. GRANDIS

The circuit court erred in adjudicating matters concerning involuntary commitment of a patient to a hospital where the 180-day period of commitment permitted under Code § 37.1-67.3 had expired well before the court's challenged order was entered, and no further involuntary commitment petition had been filed. Under these circumstances, the court no longer had jurisdiction to adjudicate these matters. The judgment of the circuit court imposing certain requirements and an obligation to care for the patient upon the hospital is reversed and the hospital is dismissed from the proceeding.

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CITY OF MARTINSVILLE v. COMMONWEALTH BOULEVARD ASSOCIATES, LLC

A taxpayer is entitled to relief under Code § 58.1-3984 for real estate taxes erroneously assessed during the interim between general reassessments, and may challenge an annual levy of taxes without showing that the previous general reassessment, upon which the annual levy was based, was erroneous. An order reducing an assessment is affirmed.

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TUCKER v. COMMONWEALTH

Because under Code § 18.2-102 the crime of unauthorized use of a motor vehicle is committed upon the ?use? of a vehicle without the owner?s consent, regardless of whether initial possession of the vehicle was obtained by a trespassory taking, the Court of Appeals' judgment allowing defendant's conviction for this offense to stand is affirmed.

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AMSTUTZ v. EVERETT JONES LUMBER CORP.

In two collected suits involving asserted prescriptive easement rights over a roadway on private land, there was not credible evidence to support the circuit court finding that a lumber company and an adjoining landowner had established such an easement under the clear and convincing evidence standard. Use of the roadway was not of sufficient continuity to give notice to the owners of the putative servient tenement that an easement was being exercised for agricultural, forestry, timbering or logging purposes. The judgment of the circuit court granting the prescriptive easement is reversed.

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DANIEL v. COMMONWEALTH

The trial court did not err in concluding that an assault and battery charge taken under advisement for one year, and later dismissed, was not ?otherwise dismissed? as contemplated by Code § 19.2-392.2(A)(2), and it properly denied a petition for expungement on that ground. Further, the statute does not contemplate a hearing to permit the petitioner to assert his innocence of the original criminal charge. The judgment is affirmed.

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COVIL v. COMMONWEALTH

The circumstances properly considered by the trial court were sufficient to support defendant's conviction for grand larceny resulting from possession of recently stolen property. The judgment of the Court of Appeals upholding the conviction is affirmed.

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NELSON v. COMMONWEALTH

In a prosecution for sexual offenses against a minor, the Court of Appeals did not err in ruling that the trial court correctly reviewed sensitive medical records of the victim in camera and properly refused to allow examination of the records by the defendant, and the Court of Appeals did not err in ruling that the trial court correctly declined to conduct a hearing regarding allegations of a juror's possible bias. The judgment is affirmed.

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CUNNINGHAM v. CITY OF CHESAPEAKE

In a case concerning a municipality's liability for injuries allegedly caused by consumption of contaminated municipal drinking water, the trial court erred in denying the municipality's sovereign immunity plea. Planning and design decisions regarding upgrading of a water treatment plant and dissemination of information to the public regarding temporary health hazards associated with consuming municipal drinking water during the upgrade process were governmental functions of the municipality. The judgment of the trial court is affirmed in part, reversed in part, and final judgment is entered in the municipality's favor.

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CITY OF CHESAPEAKE v. CUNNINGHAM

In a case concerning a municipality's liability for injuries allegedly caused by consumption of contaminated municipal drinking water, the trial court erred in denying the municipality's sovereign immunity plea. Planning and design decisions regarding upgrading of a water treatment plant and dissemination of information to the public regarding temporary health hazards associated with consuming municipal drinking water during the upgrade process were governmental functions of the municipality. The judgment of the trial court is affirmed in part, reversed in part, and final judgment is entered in the municipality's favor.

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COMMONWEALTH v. NORMAN

Sufficient evidence existed supporting a defendant's conviction for operating a motor vehicle after having been declared a habitual offender, second or subsequent offense, in violation of Code § 46.2-357, where a prior order issued by the circuit court restoring the defendant?s privilege to operate a motor vehicle on the condition that he fulfill certain requirements did not terminate his habitual offender status. The judgment of the Court of Appeals invalidating defendant's conviction and dismissing the indictment is reversed, and the defendant's conviction is reinstated.

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