ROY L. PEARSON, JR. v. RHONDA S. VANLOWE

Trial court did not err in determining the date of separation, granting wife a divorce on that basis, and awarding attorney?s fees to wife; trial court erred in omitting husband?s right to a reservation of future support from the final decree

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KERRY LENELL BOONE v. COMMONWEALTH

Trial court erred in convicting appellant of felony escape in violation of Code Section 18.2-479(B) as the evidence failed to prove the elements of the offense

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ROE v. COMMONWEALTH

Trial court did not err in allowing the Commonwealth to reindict appellant on the same offenses for which indictments had previously been dismissed as the motion to dismiss the indictments was a nolle prosequi

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BOMAR v. BOMAR

Trial judge erred in ordering the transfer of the martial residence to the wife while requiring the husband to remain liable on the mortgage as statute permits the judge to order refinancing or other safe guards; trial judge did not err in awarding spousal support

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KELLY v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the police officers ?followed in the footsteps? of the firefighters an did not exceed the permissible scope of their intrusion

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BURNS v. CHARLOTTESVILLE DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in finding evidence sufficient to support a termination of appellant?s residual parental rights and in admitting hearsay evidence contained within the foster care service plans as the plans qualified for admission into evidence at the termination hearing pursuant to Code Section 8.01-390(A)

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SOUTH v. SOUTH

Trial court did not err in granting appellee custody of her infant child as appellants offered no evidence of actual harm to the child if placed in the custody of mother, as was their burden to show

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PEARSON v. VANLOWE

Trial court did not err in determining the date of separation, granting wife a divorce on that basis, and awarding attorney?s fees to wife; trial court erred in omitting husband?s right to a reservation of future support from the final decree

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BOONE v. COMMONWEALTH

Trial court erred in convicting appellant of felony escape in violation of Code Section 18.2-479(B) as the evidence failed to prove the elements of the offense

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GAS MART CORP. v. BOARD OF SUPERVISORS

In resolving a number of complaints challenging the validity of revisions to a county's zoning ordinance, the trial court erred in ruling on the sufficiency of descriptive summaries in the public hearing notices as they related to certain changes in "Design Policies" and to the geographic areas of the county affected by proposed rezoning. In all other respects, the trial court's dispositions are affirmed in this interlocutory appeal. The matter is remanded for further proceedings consistent with this opinion.

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COMMONWEALTH v. ALLEN

The trial judge did not err in ruling that the Commonwealth failed to meet its burden of proof in a petition pursuant to Code § 37.1-70.6(A) to civilly commit a prisoner nearing the end of his prison term to the custody of a secure mental institution as a sexually violent predator. The trial court did not err under then-applicable law in admitting testimony of the defense expert witness, a psychologist not licensed to practice in Virginia, or in applying the correct standards under the statutes. The judgment dismissing the Commonwealth's petition is affirmed.

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LEWIS v. COMMONWEALTH

In a murder and robbery prosecution, the Commonwealth's Attorney's repeated questioning of an alibi witness concerning criminal activity involving the defendant but unrelated to the charged offenses was prejudicial, and the Court of Appeals erred in approving the circuit court?s judgment entered upon a denial of the defendant?s mistrial motion.

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BENTLEY FUNDING GROUP v. SK&R GROUP

In a dispute over ownership of cash erosion control escrow deposits, the trial court erred in finding that a development company's failure to list the escrows as assets in bankruptcy filings precluded its ownership claim, in determining that a contract conveying the property to a new purchaser transferred the escrows to the purchaser (either as purchased property or as development rights), and in determining that the developer's principal had no claim to the escrows. The judgment is reversed and the case remanded for a determination of the ownership of the escrows as between the development company and its principal.

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VINEY v. COMMONWEALTH

The evidence was sufficient to support the defendant's conviction on two counts of taking indecent liberties with a child in violation of Code § 18.2-370, where the defendant's eye contact with the victims, his glance in the direction of his groin, and his conduct subsequent thereto established the lascivious intent required by the statute. The judgment of the Court of Appeals upholding his convictions is affirmed.

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JACKSON v. FIDELITY AND DEPOSIT COMPANY

The trial court erred in ignoring the plain language of a will when it failed to accord full spendthrift protection to a trust, barring garnishment. Further, the trial court erred in concluding that a non-statutory exception to the provisions of Code § 55-19 could be created to permit a beneficiary?s creditor to attach the beneficiary?s interest in a trust where that beneficiary had committed a breach of fiduciary duty resulting in his liability. The judgment of the trial court is reversed and final judgment is entered on behalf of the trustee.

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MCCLOUD v. COMMONWEALTH

In a petition seeking involuntary civil commitment of a prisoner to a secure mental health facility as a sexually violent predator, the trial court did not err in admitting evidence of the prisoner's prior convictions and prison infractions, in finding that less restrictive alternatives to involuntary confinement were unsuitable, or in applying the burdens of proof. The commitment order is affirmed.

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TOWNES v. COMMONWEALTH

Because a prisoner had completed serving his sentence for a rape conviction at the time proceedings were begun by the Commonwealth to have him civilly committed as a sexually violent predator, he was no longer ?incarcerated for a sexually violent offense? and the trial court erred in ruling that he was subject to the provisions of the statutes providing for commitment of sexually violent predators. The judgment of the trial court is reversed and the Commonwealth?s petition is dismissed.

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PALMER v. COMMONWEALTH

Defendant's convictions under Code § 18.2-308.2 for possession of a firearm under the age of 29 after having been convicted of a delinquent act as a juvenile that would have been a felony if committed by an adult are reversed because the evidence was not sufficient to prove an element of the offense, namely, the defendant?s conviction as a juvenile of a delinquent act felonious in nature. Final judgment is entered in favor of the defendant.

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HOOD v. COMMONWEALTH

Because a murder defendant's evidence at trial was inconsistent with information provided in proffer statements he submitted to the government during plea negotiations, under the terms of the proffer agreement it was not error for the trial court to allow the Commonwealth to use the proffered statements in the trial. The evidence was sufficient to sustain a conviction, and the judgment of the Court of Appeals upholding defendant's conviction is affirmed.

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PARKER v. COMMONWEALTH

The Court of Appeals correctly concluded that claimed errors in a misdemeanor conviction under Code § 3.1-398.1 for operating a "food manufacturing plant" without Virginia Department of Agriculture inspection were not jurisdictional in nature and were not properly preserved for appeal, and that the lower courts had each properly exercised subject matter jurisdiction with respect to the matter. The Court of Appeals' judgment upholding the defendant's conviction is affirmed.

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PATTON v. CITY OF GALAX

In companion equity and law cases concerning a board of zoning appeals' denial of a conditional use permit for a parcel of real property, the property owners failed to establish that a prior nonconforming use of another portion of their property had also sufficiently existed with respect to the portion at issue and that this portion was manifestly arranged or designed for such use when the zoning ordinance was adopted. Denial of the conditional use permit was neither plainly wrong nor in violation of the purposes and intent of that ordinance. The trial court's judgments are affirmed.

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GREEN v. INGRAM

In a wrongful death case, the trial court erred in granting a motion to strike the plaintiff's evidence as it applied to the claim of gross negligence. However, the trial court did not err in granting the motion to strike the plaintiff's evidence as it applied to willful and wanton conduct and a claim for punitive damages. The case is remanded for a new trial on the issue of gross negligence.

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EMMETT v. WARDEN (ORDER)

In a habeas corpus petition the error in a verdict form on which the application relies was not a structural error under governing law. Accordingly, the prejudice analysis set forth in Strickland v. Washington, 466 U.S. 668 (1984) is applied, and the petitioner has failed to show that there is a reasonable probability that, but for counsel's unprofessional errors, the result in the proceeding would have been different. The petition for a writ of habeas corpus is dismissed.

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YARBROUGH v. WARDEN

In a petition for a writ of habeas corpus alleging deprivation of the Sixth Amendment right to effective assistance of counsel during penalty phase proceedings in a capital murder case, petitioner failed to demonstrate that his defense was prejudiced by trial counsel?s failure to investigate and present available mitigation evidence. The record does not demonstrate that, but for trial counsel?s alleged failures, there is a reasonable probability that the result of the penalty phase proceeding would have been different. The petition for a writ of habeas corpus is dismissed.

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FAULKNER v. CHUGACH DEVELOPMENT CORPORATION, et al.

No error in commission?s finding that appellant failed to prove that her bilateral carpal tunnel syndrome constituted either a compensable injury by accident or a compensable ordinary disease of life

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WILSON v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as evidence established the off-duty officer did not act improperly under the ?color of office? doctrine; the Commonwealth?s failure to permit or provide a breath or blood alcohol concentration test did not violate appellant?s due process rights as appellant?s DUI arrest did not occur within three hours of the alleged offense

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SHELTON v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the officer had reasonable suspicion to detain appellant; no error in trial court's finding evidence sufficient to support appellant?s convictions for possession of a firearm while in possession of cocaine and possession of a firearm by a convicted felon

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MINA v. MINA

Trial court erred in finding that it did not have jurisdiction to consider appellant?s motion for attorney?s fees and costs as the March 12, 2004 order is not a final order for the purposes of Rule 1:1

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BLOCK v. BLOCK

Summary affirmance ? trial court did not err by applying the statutory factors of Code Section 20-107.1, not imputing additional income to wife, ordering husband to pay wife spousal support and awarding wife a portion of her attorney?s fees and costs

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OVERDORFF v. COMMONWEALTH

Trial court did not err in exercising jurisdiction over appellant?s felony charges as ?an indictment in the circuit court cures any error or defect in any proceeding held in the juvenile court except with respect to the juvenile?s age?

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MATTAPONI INDIAN TRIBE, et al. v. VIRGINIA MARINE RESOURCES COMMISSION, et al.

Appeal dismissed as the settlement between the City of Newport News and the Virginia Marine Resources Commission, consummated by the entry of a consent dismissal order, moots appellant?s appeal of the circuit court?s decision to deny appellant?s motion to intervene

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MOORE v. COMMONWEALTH

Trial court erred in denying appellant?s motion to suppress as appellant?s arrest violated Code Section 19.2-74, which only authorized issuance of a citation, and evidence obtained as a result of the search, which was, in effect, conducted pursuant to issuance of a citation, should have been suppressed

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MORRIS v. COMMONWEALTH

Trial court did not err in convicting appellant of robbery, use of a firearm in the commission of a felony, and possession of a firearm by a convicted felon; as appellant was not twice punished for one criminal act nor punished for a crime that is a lesser-included offense of another, appellant?s convictions do not violate the protections against double jeopardy

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SHELTON v. COMMONWEALTH

Trial court did not err in admitting into evidence the certificate of blood analysis; as the appellant was afforded the opportunity to view the results of the breath test, the requirements of Code Section 18.2-268.9 were substantially met

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RANDOLPH v. COMMONWEALTH

This appeal is dismissed for lack of jurisdiction as the trial court?s order of Jan. 8, 2004 does not constitute a final judgment of conviction

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BEAZLEY v. COMMONWEALTH

Trial court did not err in convicting appellant of three counts of taking indecent liberties with a child in violation of Code Section 18.2-370.1 as evidence was sufficient to prove appellant exercised a supervisory or custodial relationship over the children

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COPLEY v. NEWPORT NEWS DEPARTMENT OF SOCIAL SERVICES

Summary affirmance ? trial court did not err in finding evidence sufficient to support termination of appellant?s parental rights to her children as appellant failed to substantially remedy the conditions that resulted in the children?s removal

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HARRIS v. COMMONWEALTH

Arguments raised on appeal are barred by Rule 5A:18 as the arguments appellant raised on appeal are not the same arguments advanced at trial

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NELSON v. PETERSBURG DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in finding credible evidence to support termination of appellant?s residual parental rights to each of the children as being in their best interests and in admitting testimony by the court-appointed special advocate assigned to the case

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BROWN v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress evidence seized from him as the officer had probable cause to arrest appellant for possession of prohibited drugs and the subsequent search of his person pursuant to that arrest was lawful; no error in trial court?s finding that the evidence was sufficient to support appellant?s conviction for possession of heroin

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