Cook v. Commonwealth

Under Code § 16.1-271, the juvenile and domestic relations district court lacks jurisdiction over a juvenile who has previously been certified to the circuit court and indicted by a grand jury as an adult on charges that were later nolle prosequied. The circuit court's refusal to dismiss subsequent charges against the present defendant was correct. The judgment of conviction is affirmed.

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Schlimmer v. Poverty Hunt Club

In a personal injury suit arising from an accidental shooting at a hunt club, the trial court erred in failing to instruct the jury on the doctrine of negligence per se. The judgment is reversed and the case is remanded for a new trial.

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Friendly Ice Cream Corp. v. Beckner

In a suit to rescind a commercial lease amendment, the lessor was not entitled to a presumption of undue influence, and the chancellor erred in granting rescission based on such a presumption, where the record was insufficient to support either the finding that the lessor had a confidential relationship with the lessee's representative or that the amendment was either given in exchange for grossly inadequate consideration or was obtained under suspicious circumstances. The decree rescinding the lease amendment is reversed and final judgment is entered in favor of the lessee.

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Stottlemyer v. Ghramm

In a medical negligence action, the circuit court did not err in refusing to permit the plaintiff to cross-examine the defendant physician regarding alleged prior acts of negligence and misconduct. The judgment is affirmed.

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McGehee v. Edwards

The trial court erred in concluding that the term "direct lineal descendants" used in certain inter vivos trusts created prior to 1978 includes adopted persons. The decree is reversed and final judgment is entered.

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Christian v. Surgical Specialists of Richmond

The trial court erred in refusing to qualify as an expert witness a physician called by a medical malpractice plaintiff, after hearing evidence about his familiarity with the standard of care in Virginia. The judgment is reversed and the case is remanded.

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Johnson v. Windsor Insurance Company

The trial court erred in ruling under Code § 38.2-2204 that an insurer was not required to provide automobile liability coverage for a named insured alleged to have negligently entrusted the insured vehicle to a permissive user where the insurer had already paid the "per person" policy limit in settlement of a negligence claim against the permissive user. The judgment is reversed and the case remanded.

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Jaccard v. Commonwealth

Because a prior probation revocation is not admissible in the penalty determination phase of a bifurcated criminal jury trial as part of ?the record of conviction? of the defendant?s ?prior criminal convictions? pursuant to Code § 19.2-295.1, the judgment of the Court of Appeals to the contrary is reversed, and the case is remanded for a new sentencing hearing.

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Horner v. Dept. of Mental Health

In an employment dispute involving an agency of the Commonwealth and one of its employees, resolved under a now-superseded version of the statutory provisions governing grievances and the powers of the first-level respondent to afford relief, the legislature provided the employee with the substantive right to be afforded a remedy by the first-level respondent. Once the employee accepted the remedy, the statutory scheme at the time precluded management from contesting the decision. The judgment of the Court of Appeals is reversed, and the judgment of the circuit court is reinstated. The case is remanded.

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Harvey v. Warden (Order)

A petition for a writ of habeas corpus challenging the validity of a post-trial certificate of DNA analysis and related test results pursuant to Code § 19.2-327.1 is dismissed for lack of jurisdiction. Subsection G of that Code section expressly states that an action under this section shall not form the basis for relief in any habeas corpus proceeding or any other appeal.

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Burns v. Warden (Order)

A portion of a prior order providing a limited grant of a Writ of Habeas Corpus is reinstated and the case is remanded to the circuit court for a jury determination of the petitioner's claim of mental retardation in accord with Code §§ 8.01-654.2, 18.2-10, 19.2-175, 19.2-264.3:1, 19.2-264.3:1.1, 19.2-264.3:1.2, 19.2-264.3:3, and 19.2-264.4.

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CARWLEY v. FORD

Without evidence, or a proper record of proceedings during which the agreement was made, this Court simply cannot conduct an examination of the circumstances in order to determine whether the trial court erred.

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SMITH v. SMITH

The court erred in refusing to enforce the prenuptial agreement, but finding no fault with the court's distribution of the martial home or award of fees.

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Deecheandia v. COMMONWEALTH

The evidence supported the trial court's inference that appellant believed he was corresponding via the internet, and thus attempting to expose himself to, a child.

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Johnson v. Johnson

The trail court determined that husband did not meet his burden of proof and accordingly denied his motion to abate spousal support.

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EMERSON v. COMMONWEALTH

Evidence presented is sufficient to prove beyond a reasonable doubt that appellant possessed the cocaine with the requisite intent to distribute it.

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PEARSON v. COMMONWEALTH

The trial court did not abuse its discretion in admitting the certificate of blood analysis into evidence.

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EDMONDS v. COMMONWEALTH

Because the trial court did not indicate that it was taking judicial notice of the fact that the warrant gave appellant notice of the hearing, it deprived her of the "opportunity to be heard either to dispute the 'fact' or to object to the court's action."

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HUDGINS v. COMMONWEALTH

Appellant's acquittal on the robbery indictment acted as an acquittal of the lesser-included offense of larceny and the Double Jeopardy Clause barred the subsequent attempt to convict appellant of grand larceny from the person.

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Jones v. Commonwealth of Virginia, Dept. of Social Services, etc.

Trial court lacked jurisdiction to entertain appeal of registration and confirmation of child support orders when appellant failed to post an appeal bond on appeal from juvenile and domestic relations district court; judgment vacated and juvenile court order reinstated

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BREEDEN v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support convictions or in admitting witness' recent complaints of rape

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Wilson v. COMMONWEALTH

No error in trial court's refusal to allow appellant to withdraw his Alford pleas to second-degree murder, malicious wounding and use of a firearm in commission of murder

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ARTIS v. OTTENBERG'S BAKERS, INC. et al.

Error in decision of commission denying appellant's claim for post- termination disability benefits; matter remanded to commission to calculate amount of benefits

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Nelson v. COMMONWEALTH

No error in trial court's discretion in ordering, as a condition of probation, that appellant not operate motor vehicle for twenty years

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LEWIS v. COMMONWEALTH

Trial court did not err in failing to grant mistrial or in overruling objection to improper impeachment testimony; one count of attempted robbery is reversed and dismissed as evidence not sufficient to sustain conviction

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