Trial courtroom did not err granting appellees demurrer and dismissing appellants fits for private injury and wrongful death; appellees had no common-legislation duty of care to keep up tree for security of travelers on public road and neither statute nor ordinance established such an enforceable obligation; nuisance declare not legally distinct from negligence declare 1990224 Christina Martinka v. PHI Group, Inc., et al. Trial courtroom didn’t err granting appellees demurrer and dismissing appellants fits for personal injury and wrongful dying; appellees had no widespread-law responsibility of care to keep up tree for safety of travelers on public road and neither statute nor ordinance established such an enforceable obligation; nuisance claim not legally distinct from negligence claim 1819224 Angelo J. Carmello, Jr., and so forth. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. Trial courtroom didn’t err discovering proof adequate to terminate appellants parental rights beneath Code § 16.1-283(B) and (C)(2); no error discovering termination in one of the best interests of the children as they’d been in foster care for twenty months and appellant admitted she was not ready to resume custody of the kids 0806234 Mireille B. Tshiteya v. Greenhouse Board of Directors, et al. Trial court did not err granting Durhams plea in bar given assignments of error as drafted; allegations of Durhams gross negligence insufficiently pleaded; trial court docket erred granting Roanoke City School Boards plea in bar as it offered inadequate proof to meet burden of proving sovereign immunity; matter as to high school Board remanded for further proceedings 1060233 Barbara H. Clements, and many others. v. Medical Facilities of America, Inc., et al.
Trial court docket did not abuse its discretion figuring out equitable distribution award together with awarding appellee $60,000 for her interest within the marital property and awarding spousal help; no abuse of discretion refusing to admit appellants financial data on account of age of the information; no error in dividing financial institution-account balances and ordering appellant to assume all bank card debt 1064234 Alexis Mayes v. Catalyst Operations & Analytics, LLC, et al. The age and sex of the hen in lots of cases could be gauged by their plumage (debates on inform-tale but minute graduations in colour take up a fair a part of our mornings). Trial court docket didn’t abuse its discretion imposing active sentence of one 12 months; a part of violations of probation was a violation of intercourse offender particular directions, a non-technical violation 1225233 Robert A. Linkenauger v. Micah S. Fraim, et al. Trial court docket didn’t err discovering proof enough for the jury to convict appellant of 5 counts of child cruelty; repeated and ongoing nature of sexual abuse demonstrates its cruelty; proof showed appellants behavior induced enough physical and emotional pain and suffering to assist conviction beneath Code § 40.1-103(A) 0865232 Ruben Murphy, III v. Edward Olive, etc., et al. Trial court docket erred testifying in the contempt proceeding in violation of Code § 19.2-271 and finding proof enough to help a finding of contempt; trial courts factual findings preclude affirming beneath proper result for the improper purpose rationale; judgment reversed and conviction vacated 1219234 Paul N. Mullis v. Russell Edward McDow, Jr., MD, et al.
Trial courtroom didn’t err discovering proof was enough to convict appellant of felony driving on a revoked license; possible for a rational factfinder to find appellants failure to check adjacent lane before shifting endangered others or their property 0522233 Thomas R. Kelley, et al. Trial court docket didn’t err discovering evidence sufficient to convict appellant of forcible sodomy and object sexual penetration of a baby beneath 13, aggravated sexual battery of a baby, and indecent liberties with a minor; no abuse of discretion permitting recorded interview with victim; mandatory life sentences for convictions of sodomy and object sexual penetration constitutional 0904232 John Halvorsen, et al. Trial courtroom didn’t err discovering proof ample for the jury to find premeditation and convict appellant of first-diploma homicide or denying his motions to strike; no abuse of discretion rewording voir dire questions or denying motion to strike cohabiting jurors; no abuse of discretion limiting testimony of a defense witness or denying mistrial primarily based on conduct of juror 0072234 Covanta Fairfax, LLC, et al. Trial court didn’t err finding evidence sufficient for the jury to convict appellant of trespass; homeowners agent had authority to exclude appellant beneath durable energy of attorney and proof ample to show appellant conscious he was not purported to be on property 1348224 David Jones, et al.
Trial court didn’t err discovering evidence adequate to convict appellant of strangulation; victims testimony not inherently unimaginable and proof sufficient to indicate victim suffered a bodily injury 1086234 John Michael Wolfe v. Patrick R. Woolley, et al. Trial court docket didn’t err discovering proof ample to convict appellant of possession of a firearm by a convicted violent felon and denying his movement to strike the evidence; evidentiary chain of circumstances unbroken as to possession of handgun 2058233 HealthSouth Corp., et al. Trial courtroom did not err granting appellees motion to suppress all proof seized from wallet; gaps in report preclude application of the search-incident-to-arrest doctrine as file silent as to when search of wallet occurred; lack of evidence precludes software of inevitable-discovery doctrine; reliance on good-religion exception misplaced based on circumstances 0606234 Felicia N. Speller v. Sentara Norfolk General Hospital, et al. Trial court docket did not err sustaining appellees plea in bar and dismissing appellants suit for anticipatory breach of contract and declaratory judgment with prejudice; plain language of the contract does not help appellants claims 0715232 Hanover County, et al. Trial court did not abuse its discretion denying appellants movement to strike a juror for trigger; jurors statements don’t name his impartiality into question 0944233 Jaquan Hamilton, an infant, by his mother and subsequent good friend Tanisha Hamilton v. Morris Jackson, et al.