A Litigators Guide to DNA: From the Laboratory to the Courtroom
The plaintiff gave repeated notice to the corporation of her opposition to a planned sale of a significant part of the business, and it could have sought a declaratory judgment concerning its rights before expending effort in seeking a buyer.
The judgment is reversed, and this case is remanded to the circuit court for further proceedings consistent with this opinion. The judgment is reversed and the case is remanded for probate of the will. Thus, it was not error to admit the statements. The requirement of impartiality means that a trustee under a deed of trust must balance the conflicting positions of the creditor and debtor such that a benefit to one cannot come at a disproportionate expense of the other.
Sale of property at a price that is so grossly inadequate as to shock the conscience will raise a presumption of fraud.
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The judgment is reversed and the case is remanded for further proceedings. Here, the motion was timely filed and warrants consideration on the merits by the trial court for the completeness and truthfulness of the disclosure, as well as any further disclosure made to the Commonwealth before resentencing. The sentences are vacated, and the case is reversed and remanded for proceedings consistent with this opinion. Accordingly, the circuit court abused its discretion in denying the application for lack of good cause.
The circuit court thus also abused its discretion by deviating from the statutory process for assessing a name-change application.
The judgment is reversed and the case is remanded. The writ will not issue and the petition is dismissed. Under this statute, larceny by worthless check is not limited to checks passed as present consideration for goods and services. Here, the circuit court, as trier of fact, had sufficient evidence from which it could conclude that on all three occasions in which defendant presented a worthless check for payment on his accounts, he did so with the knowledge that there were not sufficient funds to cover the checks and with the intent to defraud.
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Thus, the convictions are affirmed, and the judgment of the Court of Appeals is vacated. By agreeing to the instructions as submitted, and filing to submit additional instructions on another theory, the defendant waived arguments challenging the instructions as given.
The judgment upholding the conviction for the crime of voluntary manslaughter is affirmed for the reasons stated in the present opinion. This action is remanded for a further in camera review and for disclosure of unredacted billing records consistent with this opinion.
The argument that to secure a conviction under this statute the prosecution must prove that the shooter was positioned outside of the occupied vehicle is rejected. The plain language of the statute does not require the prosecution to prove that the shooter was located outside of the vehicle when he fired shots at an occupied vehicle. The judgment is affirmed in part, vacated in part, and the case is remanded.
The determination of competency to stand trial occurs while the circuit court retains jurisdiction over the criminal prosecution, suspends the criminal prosecution, and asks whether the defendant lacks substantial capacity to understand the criminal proceedings against him or to assist his attorney in his own defense. Accordingly, the determination of competency to stand trial is part of a purely criminal process, and an appeal from such a determination is criminal in nature.
Therefore, this Court does not have jurisdiction to consider the appeal in this case.
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Because there has been no final conviction in this case, the appeal will not be transferred to the Court of Appeals. The appeal is dismissed, without prejudice, and the case is remanded to the circuit court for further proceedings. Commonwealth, 68 Va. This order shall be published in the Virginia Reports. The award of damages for breach of contract is undisturbed, and final judgment for that amount is entered on this appeal. The judgment of the circuit court, dismissing these claims with prejudice on demurrer, is affirmed. The averment that the employees acted in the scope of their employment created a rebuttable presumption, applicable at the pleading stage as well as at trial, that they committed tortious acts in the scope of their duties of employment and in the service for which they were engaged.
Plaintiff did not allege that the employer authorized, directed, ratified or performed the tortious acts, or that the employees were corporate officers or authorized to act, hence the circuit court correctly sustained a demurrer to a claim of direct liability of the employer for breach of the duty of non-disclosure.
While a statute may define the standard of care where there is an underlying common-law duty, the doctrine of negligence per se does not create a cause of action where none otherwise exists. Thus, a demurrer was properly sustained on the negligence per se claim. The judgment is affirmed in part and reversed in part, and the case is remanded.
The judgment is reversed and the case is remanded for entry of a new sentencing order. At a revocation proceeding, a probationer is entitled to cross-examine adverse witnesses, unless the hearing body specifically finds good cause for not allowing confrontation, under a balancing test that requires the court to weigh his interests in cross-examining accusers against the interests of the prosecution in denying confrontation, or a reliability test that permits the admission of hearsay if it possesses substantial guarantees of trustworthiness.
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Accordingly, the circuit court did not violate his right to confront witnesses against him, and the judgment of the Court of Appeals upholding the revocation of probation is affirmed. Although the grantor may reserve the narrow strip to the center of the road from a conveyance, that must be done expressly. Quantity designations are regarded as the least certain mode of describing land, and hence must yield to description by boundaries and distances. The judgment of the circuit court is reversed and final judgment is entered in favor of the parcel owner.
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Policies and guidelines of the State Council of Higher Education for Virginia do not warrant a different result in light of the binding law set forth in the governing statutes. Because the circuit court erred in finding that the decision to classify this student as an out-of-state student was arbitrary, capricious, and contrary to law, the judgment is reversed and final judgment is entered for the university.
Arizona, U. An unwarned voluntary admission made before Miranda warnings are given must be suppressed, but admissibility of statements after such warnings will turn on whether they are knowingly and voluntarily made, considering the surrounding circumstances and the entire course of police conduct with respect to the suspect. Thus, the jury as fact-finder and the trial court in ruling on the defense motion to set aside the verdict were wholly justified in rejecting the claim that he only acted out of general malevolence, without the required specific intent.
The judgment of the Court of Appeals upholding the convictions is affirmed. The restated question is answered in the affirmative. An attorney involved substantially complied with the Rules of Professional Conduct and any failure to obtain consent in writing before entering a business relationship with the client did not rise to the level of a violation of public policy that requires voiding portions of a contract. In contrast, an elevated duty of care is imposed upon a property owner that operates an inn on its premises, obligating the innkeeper to take every reasonable precaution to protect the person and property of their guests and boarders.
The plaintiff did not establish an innkeeper-guest relationship between herself and the defendants under the facts presented here. Irish Fleet, Inc. Virginia law recognizes two theories upon which a duty to warn or protect against criminal assault by a third party: a duty arising from the existence of a special relationship, and a duty voluntarily assumed by an express undertaking. In this case, the amended complaint against several defendants alleging, among other things, that a taxicab fleet operator and dispatching service assumed a duty to warn cab drivers of suspicious calls from potential riders and was negligent in fulfilling that duty, was premised on an implied undertaking, and was therefore insufficient to state a tort claim based on the concept of assumption of duty.
Wells Fargo Bank, N. The disposition is affirmed. The circuit court may also impose its own pre-filing injunction if it deems that appropriate. Serco, Inc. Under these circumstances, it cannot be said that the circuit court committed a clear error of judgment by dismissing this case with prejudice, and the decision of the circuit court is affirmed. The trial court had subject matter jurisdiction to adjudicate this dispute and, therefore, the judgment is affirmed.
The accuracy and authenticity of the recording was adequately supported and the circuit court did not abuse its discretion in admitting this evidence.
Litigator's guide to DNA: from the laboratory to the courtroom
The judgment of conviction is affirmed. The case ultimately settled and the Commonwealth approved the settlement. Hunter Mill West, L. Accordingly, the trial court erred by failing to place the present case on the docket for a trial on the merits, and the judgment is reversed. The trial court properly admitted testimony to refute the claim that the will was fraudulent and correctly declined to adopt a novel and more rigorous standard for admitting a will to probate. The judgment admitting the will to probate is affirmed.
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He committed these criminal acts at two separate dates and in two separate places, thus warranting punishment for two capital murder convictions. A criminal statute that allows separate convictions for separate criminal acts does not implicate, much less constitutionally offend, double jeopardy principles. The judgment of the Court of Appeals is affirmed. The circuit court erred in finding that the guarantor had entered a general appearance by participation in post-judgment enforcement proceedings and had thereby waived any objection to the validity of the default judgment.
An appearance after entry of judgment cannot retroactively validate a judgment that was void when rendered for lack of personal jurisdiction over a party. Nor were there facts in this case to support any estoppel barring the guarantor from raising the defectiveness of the judgment. Because the judgment was concededly void, final judgment is entered on this appeal declaring it so and vacating both the judgment and all later orders seeking to enforce it.
His testimony was contradicted by other evidence in the record, and the Director of the Department of Corrections was not negligent, much less grossly negligent, for rejecting extensive documentary evidence at the screening stage in favor of the otherwise uncorroborated, impeached, and self-interested testimony of an inmate and his brother. The judgment is reversed and the order of dismissal is vacated. This matter is remanded for further proceedings consistent with this opinion. The eventual notice of intent to enter explained that completion of the surveys and other activities would require multiple crews over several days, and provided a limited set of dates, the majority of which overlapped, when each crew would be present.
As the landowners have not challenged these date ranges as being unreasonable, it cannot be said that the date ranges provided by the notice of intent to enter violated the statute. FCi Federal, Inc.