The judgment of the circuit court is affirmed in part and reversed in part. This matter is remanded for a new trial consistent with this opinion. On the issue of self-defense in determining who was the aggressor or what was the reasonable apprehension of the defendant for his safety, the issue is what the victim probably did, and such evidence is admissible even when the defendant is unaware of it. Here, however, assuming without deciding that exclusion of certain alleged threats made by the victim against the defendant should have been admitted, such error was harmless in light of the overwhelming evidence.
Where an accused adduces evidence that he acted in self-defense, evidence of specific acts is admissible to show the character of the decedent for turbulence and violence, even if the accused is unaware of such character, but here the trial court did not err in allowing recent episodes while excluding more temporally remote acts of the victim. Failure to make a timely proffer of conflicting testimony or to make a timely motion for mistrial concerning a comment made by the prosecutor in closing argument foreclose consideration of these matters on appeal.
The original complaint sounded wholly in tort and did not state a prima facie cause of action for inverse condemnation. The judgment is affirmed in part, reversed in part, and the action is remanded for further proceedings in light of this opinion. To preserve judicial resources and protect unwitting defendants, this habitual filing of meritless appeals is now addressed.
Factors considered include a history of 1 filing duplicative, vexatious lawsuits, 2 without any objective good faith basis, and 3 at the expense of the court system and opposing parties. Exercising its inherent power to protect against repetitious and harassing conduct that abuses the judicial process, and to prevent continued filing of frivolous petitions for appeal, this litigant shall be prohibited from filing any petition for appeal, motion, pleading, or other filing without 1 obtaining the services of a practicing Virginia attorney, whose filings would be subject to Code 8.
In a circumstantial case, the Commonwealth must overcome the presumption of innocence and exclude all reasonable conclusions inconsistent with guilt, which requires an unbroken evidentiary chain of necessary circumstances showing that both the corpus delicti and the criminal agency of the accused have been proved to the exclusion of any other rational hypothesis and to a moral certainty.
Here, the totality of the evidence was sufficient for a rational factfinder to reject the defendant's hypothesis that someone else was the criminal agent who placed stolen items in a vehicle linked to him by documentary and testimonial evidence. As the prevailing party below, the Commonwealth is entitled to the benefit of all reasonable inferences that flow from the evidence. The judgment of the Court of Appeals is reversed, and final judgment reinstating the convictions is entered on this appeal.
While the intent instruction could have been amended to include reference to the defendant's "acts, conduct and statements," where other instructions fully and fairly cover the principles of law governing the case, the trial court does not err in refusing an additional instruction language on the same subject.
In light of the separate instruction regarding jury consideration of the defendant's statements, the instructions, taken as a whole, stated the law clearly and covered all issues fairly raised by the evidence. In this case, the conviction order and the sentencing order were entered in and neither was modified, vacated or suspended within 21 days after their entry. Accordingly, they became final and the trial court lost jurisdiction to modify the conviction in this case.
An oral understanding of the trial court, prosecutor, and defense counsel not embodied in a plea agreement or an order suspending, modifying or vacating the conviction and sentencing orders did not afford jurisdiction to the trial court to enter the relief sought long after the orders were entered. Neither the entry of orders nunc pro tunc nor the doctrine of orders void ab initio applies here. The judgment of the Court of Appeals upholding the circuit court's disposition is affirmed.
Signature on the memoranda by a vice president of the company on the claimant line, crossing out the agent option, did not cause the trustee any prejudice and it was sufficient to fulfill the purposes of the statute. The judgment of the circuit court upholding the liens is affirmed. The record in the case confirms beyond a reasonable doubt that a rational factfinder would have found the defendant guilty absent the claimed error, in light of the limited role that the challenged evidence played at trial, coupled with the overwhelming and unchallenged evidence of defendant's guilt.
Thus, applying the standard for review of alleged constitutional errors, the claimed error of trial court was harmless as a matter of law, and the contrary holding of the Court of Appeals is reversed.
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Defendant's conviction for possession of heroin with the intent to distribute, third or subsequent offense, is reinstated. There is no time requirement for entry of an order recording the return of an indictment in open court. The Code of Virginia evinces a clear legislative policy that the requirement of an indictment in the prosecution for a felony may be waived, and hence is not jurisdictional. Thus, failure of the record to show affirmatively that the indictment was returned into court by the grand jury is not such a defect as will render null and void the judgment of conviction based thereon.
Defendant was subject to the requirement of Rule 3A:9 b 1 and c to challenge the indictment at least seven days before his trial, which he concedes he did not do. Because he did not argue that there was good cause to excuse this failure as provided in Rule 3A:9 d , he waived the right to object to the indictment. The present complaint failed to state a cognizable claim, and the circuit court did not err in sustaining the insurer's demurrer. The judgment of the circuit court is reversed, and this case is remanded for trial. Sea Oats Condo. Nor is it necessary for a party to provide advance notice of the amount of fees it will seek if successful.
This statute makes no distinction between compensated and uncompensated sureties, and the right to reimbursement is expressly available to any person liable as a guarantor. Here, if plaintiff made any gift at all it was in his decision to act as an accommodation surety rather than a compensated surety. The facts here triggered a right to reimbursement under this section, with interest from the time of payment, and five percent damages on such amount, and he is entitled to judgment.
The judgment is reversed and the case is remanded for determination of the amount which is due to the plaintiff under the statute. Nor did the court abuse its discretion in refusing the defendant's proffered jury instruction on carjacking, in light of a model instruction the trial court granted, which fully and accurately covered the carjacking offense.
The convictions are affirmed. Thus, it was an abuse of discretion to permit this testimony. However, the defendant doctor's own testimony regarding the circumstances that impacted or would have impacted his decision to perform surgery was not expert opinion but, instead, factual testimony, and its admission was not an abuse of discretion. Accordingly, the circuit court did not abuse its discretion by admitting the defendant's own testimony. The judgment is reversed and the case is remanded for a new trial. Here, the demarcation of a road as an easement on the plat incorporated into the declaration was sufficient to fulfill the designation requirement for a common area, and the terms of the declaration expressly impose upon the architectural control committee a duty to maintain the road and authorize it to impose assessments for the costs of such maintenance.
Consequently, both the declaration and the committee fulfill the qualifications imposed by the Act. The judgment is affirmed in part, reversed in part, and the action is remanded. A general restriction on public access is sufficient to rebut the presumption of public access, and once the area has been shown to be restricted, this includes the roads found therein. Thus, the implied consent statute had no applicability and he was not required to submit a breath sample. Because the plaintiffs failed to allege an actual controversy sufficient to bring a declaratory judgment action, the trial court did not err in finding that none of the plaintiffs have standing, and they likewise may not recover the injunctive relief requested therein.
The judgment of the circuit court dismissing the action is affirmed. Erie Ins. The judgment is reversed and final judgment is entered. The circuit court in this case correctly found that the three-year limitation period barred malpractice claims against the first attorney because his work on the particular undertaking at issue had ceased more than three years before plaintiff filed the present malpractice action.
It erred in regard to the second defendant, however, since he continued to render services with respect to the undertaking involved until four days after the date a judgment order was actually entered, and the present action was filed three years to the day after that judgment was entered.
The judgment is affirmed in part, reversed in part, and the case is remanded for further proceedings consistent with this opinion. CSX Transportation, Inc. Here, the amended complaint was sufficient to state facts necessary for application of the last clear chance doctrine, and the fact that the negligence of the decedent in this case continued up to the point of the accident, without more, does not bar the application of the last clear chance doctrine. That portion of the circuit court's decision finding that the cable service provider was not entitled to recover refunds of taxes for two of the years for failure timely to appeal the decision of the local commissioner of revenue is reversed because that argument was not preserved in arguments before the Tax Commissioner, and thus could not be raised in an appeal thereafter to the circuit court.
The judgment is affirmed in part and reversed in part, and the matter is remanded for completion of the refunds. In this case, the judgment of the circuit court, which dismissed a petition for writ of certiorari for failure to name the local governing body in the petition and denied the petitioner leave to amend after the day period had expired, is affirmed.
This case presents genuine issues of disputed material facts over whether the defendant breached the provisions of the easement thus precluding an award of partial summary judgment. On the record presented, the disputes center on questions involving the condition of an identified trail area before the defendant conducted what is described as buffer work, the specific nature of the work that the defendant performed in that area, and the use that could be made of the trail after the work was completed.
Only after both sides are allowed to fully and fairly present their evidence to a factfinder can those issues be resolved through the application of the plain language of the easement as here construed. The judgment of the circuit court granting partial summary judgment to the plaintiff is reversed, and this action is remanded for further proceedings consistent with this opinion.
In this case, the plaintiff's wrongful discharge claim was based on alleged retaliation against her for exercise of her statutory right to obtain a protective order against threats of violence by a co-worker, but she did not allege that her termination itself violated the public policy stated in the protective order statutes by somehow endangering her health and safety.
No generalized cause of action for the tort of retaliatory discharge has been recognized in Virginia. There is no public policy violated by the termination of plaintiff's at-will employment and thus she has failed to state a claim under this theory. The judgment dismissing the amended complaint with prejudice is affirmed. United Land Corp. The judgment dismissing the action on statute of limitations grounds is affirmed. The trial court correctly applied Rule , which prohibited plaintiffs from filing two separate lawsuits when one would have been perfectly sufficient.
Because plaintiffs could have joined all three of its claims in a single suit and no qualifying principle of res judicata applies, Rule prohibited them from filing a second suit after losing its first suit on the merits. The judgment dismissing the case on res judicata grounds is affirmed. Since she lacked standing to bring this claim herself, the circuit court did not err in denying leave to amend the complaint to name the bankruptcy trustee as the plaintiff, or to substitute the trustee for the named plaintiff.
The judgment of the circuit court dismissing the action with prejudice is affirmed. Jardines, U. Since the only fact relevant to the retroactivity determination was the date on which the petitioner's conviction became final, which was in the record and uncontested, the habeas court did not abuse its discretion in determining that the pure question of law presented by this habeas claim could be resolved solely on the recorded matters and a plenary hearing was unnecessary.
The judgment denying a writ of habeas corpus is affirmed. In Virginia, a Miller violation can be addressed on direct review or in a habeas proceeding. Because the violation, if proven, does not render the sentence void ab initio but merely voidable, it cannot be addressed by a motion to vacate filed years after the sentence became final.
The judgment of the circuit court for the plaintiff on a battery theory of liability is reversed. The instructions given reinforced the Commonwealth's burden of proving each element beyond a reasonable doubt, and did not state that willful concealment alone satisfied the burden of proof as to the element of intent. The instruction used in this case merely created a permissible inference that the jury was free to reject, not a mandatory presumption and, accordingly, the trial court did not err in giving it to the jury.
On the whole, the instructions given by the trial court, including the finding instruction, fully and fairly covered the inferences permitted from evidence presented of willful concealment. Nor did the trial court err in excluding a racially charged statement made by the defendant at the scene of the vehicle accident. The judgment of the trial court is affirmed.
Nor was there any error in the trial court's refusal of a proffered jury instruction on the topic of eyewitness identification. While the defendant tendered an instruction relating to eyewitness identification testimony that was a correct statement of the law, other instructions granted in this case were sufficient to inform the jury that it could consider the reliability of the identification of the defendant, and factors noted by the defendant reflect common sense considerations.
This decision does not foreclose the use of an appropriate eyewitness identification instruction in a future case, however. There is no reversible error in the judgment of the Court of Appeals affirming the convictions, and it is affirmed. Here, the county did not establish an ordinance as required by subsection B. Consequently, it may not rely on subsection I of that statute as a basis to tax the TDRs at issue.
While, upon request, the Commonwealth is required to provide indigent defendants with the basic tools of an adequate defense, the constitutional right to the appointment of an expert, at the Commonwealth's expense, is not absolute and an indigent defendant who seeks such an appointment must demonstrate that the assistance of an expert is likely to be a significant factor in the defense, and that the defendant will be prejudiced by the lack of such assistance.
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Thus, it cannot be said that a particularized need for the assistance of a neuropsychologist was demonstrated. Market conditions can reduce the value of machinery and tools, and the fact that for a portion of the year the refinery was idled due to adverse market conditions was a relevant consideration in assessing fair market value, but the refinery did not carry its burden of proving that the refinery was overvalued as of January 1 of each of the contested years. Finally, the county did not assume inconsistent positions in successive litigations, and there was no fatal inconsistency in its appraisals.
Thus, the statutory scheme governing habeas corpus jurisdiction does not prohibit the court where the present habeas corpus application has been made from hearing this petition. The Court of Appeals correctly determined that the circuit court had sufficient evidence before it to establish both the causation and criminal negligence elements of the crime, and its judgment is affirmed. The trial court found as fact that the ring was given as a conditional gift in contemplation of marriage.
The marriage did not occur. Consequently, the judgment of the circuit court is affirmed. In the single-trial setting, the role of the constitutional guarantee is limited to assuring that the court does not exceed its legislative authorization by imposing multiple punishments for the same offense. The intent of the legislature is controlling, and it may determine the appropriate unit of prosecution and set the penalty for separate violations.
For the reasons explained by the Court of Appeals in its published opinion, 65 Va. In this case, the trial court correctly held that principles of sovereign immunity barred a suit plaintiff filed pursuant to that Act against the Virginia Department of State Police, an arm of the Commonwealth. The judgment dismissing the suit is affirmed.
It also authorized the designation of a new beneficiary for his individual retirement account. The award of attorney's fees is reversed and the judgment is, in all other respects, affirmed. In addition, when indemnification is dependent on performance, a cause of action for failure to indemnify accrues at breach of performance.
Here, while plaintiff claimed no damages until , some injury or damage, however slight, is sufficient for a cause of action to accrue, and it is immaterial that all the resulting damages did not occur at the time of the injury. Because any breach by the subcontractors occurred at that time, the statute of limitations has similarly run against the sureties. The judgment of the circuit court dismissing the actions is affirmed. The fact that an appellate court had jurisdiction based on a notice of appeal that was filed protectively, does not necessarily divest the trial court of all jurisdiction to act on certain matters.
Although the Court of Appeals did not address the merits of the motion to withdraw the guilty plea, the trial court did not abuse its discretion when it denied the motion on the alternative basis that the defendant had failed to prove manifest injustice, a ruling that was fully supported by evidence in the record. The judgment of the Court of Appeals is affirmed as right for the wrong reason.
In an attempt to defuse the situation and protect himself and his family, defendant retrieved his own gun from another room. When the defendant returned, the victim pointed his gun at defendant who, fearing for his life, shot the victim. These facts support the defendant's claim that he shot the victim in self-defense. The proposed witnesses would have provided both direct probative evidence on the issues, and proof corroborative of the testimony of the expert witness.
The error was not harmless in this case, and the matter is reversed and remanded for further proceedings. Services v. While the parties' agreement provided for different caps in separate subsections, the plain language does not contemplate that more than one of these caps would be applicable where, as here, the damages of the party entitled to indemnity all result from the same conduct. The circuit court erred in not limiting the defendants' liability to indemnify the purchaser to damages that escrow cap.
A purchaser must look to the title papers under which he buys, and is charged with notice of all the facts appearing upon their face, or to the knowledge of which anything there appearing will conduct him. A person with notice, actual or constructive, of a defect in his title is not entitled, upon being dispossessed by the rightful owner, to recover compensation for permanent improvements made on the premises, and these principles are applicable on the present facts.
Based upon long-standing common law principles, the judgment of the circuit court is reversed. The evidence failed to prove that certain zero balance credits created liability on the garnishee bank to the judgment debtor. When these balance credits are removed, the sum of the outside deposits is the amount subject to garnishment, and this matter is remanded for determination of these outside deposits to the account, payable to the judgment creditor. Under governing constitutional case law, this statute does not support a public policy Bowman claim for wrongful termination in this case.
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Community Reviews. Showing Rating details. More filters. Sort order. Each story has a bit of a overall story connecting each story, so if you choose to buy them separately then just keep that in mind. It has some incredible and unique vampire lore, as well as top-notch characters that are really varied in personality.
We get to see what Sarah and Darain were like when they were first betrothed, just how Vivian and Sage got together, and the dangers Rocky and Ellie went through to be together. The stories are told in a setting where Alex is the point of interest, as her recent experiences have put her in a place where the females see that she needs support.
So they offer it along with their experience in dealing with violence and subjugation. I thought it was great to see another side of each character and I enjoyed learning a bit of their history. Of course the romance is also incredibly worth it as well. The woman has a backbone and she handles things in a way that show her strength all the while maintaining that graceful dignity that she is know for. Overall I really enjoyed it and I recommend it to those who are looking for a great paranormal romance series.
Oct 01, Laura Greenwood rated it really liked it Shelves: 1-blog-tours , october , I received a copy of Unbridled from the author in exchange for my review as a part of Romance for a Reason. Alex has been invited to a meeting of the SUV, with the vampire females, Sarah, Vivian and Ellie, who each tell the tales of how they got together with their 'mate' the vampire equivalent of a husband or wife.
The stories of the women are interlinked through conversations between the people in the room at the SUV meeting. The main feeling I've come away with from Unbridled is 'I want more! I liked the way that even in the short stories, Grimley managed to tell her own vampire mythology and introduce thoughtful and deep characters. I really liked the way that all of the stories were woven together, though each was set in a different time period, and they centred around different characters, there were consistencies throughout them, such as certain characters, themes or places. This meant that the collection of short stories doesn't feel like short stories, more like a continuous narrative.
It is heavily implied that female vampires don't have a lot of standing or rights in their community, and yet each of the females in question seem to have managed to stand up for themselves and gain the respect of their mates, meaning that you can really appreciate their inner strength. Even the character of Ellie, who the main character, Alex, doesn't seem to like, seemed like someone who should be respected and could hold her own. Though there was sex, nothing was particularly explicit in Unbridled, it is clear that the series isn't suitable for younger readers, as there were frequent mentions of sex, including jokes about what the characters got up to in the bedroom.
The friendly banter about bedroom antics did help show the relationships between the women in the room.http://mail.wegoup777.online/mtodo-iris-magia-para-tu.php
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Ultimately Unbridled has just whetted my appetite, and now I really want to read more from Alex and her fellow characters! Unbridled is a collection of short stories that are set in the world of the Alex Crocker Seer series. The reader gets a look at how the warriors and their mates came together and it is done in the females' perspective.
I have read the first two books of the series titled Unforeseen and Unveiled and so far I have really enjoyed the series. Unbridled was an extremely fun read for me. The thing I enjoyed most was the fact I learned about the history of the couples I have grown to adore in the books Unbridled is a collection of short stories that are set in the world of the Alex Crocker Seer series. The thing I enjoyed most was the fact I learned about the history of the couples I have grown to adore in the books. VampChix fans can click these special links to get their free download:.
Amazon USA. Amazon UK. No secret stays hidden forever. In a time when people are enthralled by imaginary vampires, real ones hide among us. Betrayed by his legendary slayer family, Oliver Ripley becomes entangled with Miranda Vladula, a fledgling vampire who claims to hold the key to unlocking dark secrets that could free them from their tormented pasts.
Together, they follow a twisted trail of mystery and deceit that takes them from Chicago to Paris toward a confrontation that will change everything they thought they knew about their kind. With no one to trust but each other, they fight their growing, forbidden desires even as they battle for their lives. As a treat for our VampChix readers out there, Amazon will be offering Immoral for a one-day only, free download. Zander enjoys passing on her knowledge and experience with other writers, editing and.
Website and blog.
Amazon Author Profile. Facebook Author Page and Friend Page. Goodreads Author Profile. Monday, October 28, Romance for a Reason guest post with contest. Don't forget to enter the Rafflecopter giveaway for your chance to win the Unbridled prize pack! Purchase links for Unbridled:. Labels: Alex Crocker series , contest , Lauren Grimley , Paranormal romance , reading for charity , Romance for a Reason , short stories , Unbridled , vampire. Sunday, October 27, BabyLit. They have taken all the classics in literature, like Jane Eyre and Romeo and Juliet, and turned them into board books that teach colors, numbers, and counting.
The illustrations are beyond cute, made for children without being cartoonish and loud I purchased Dracula a counting primer and Alice in Wonderland a colors primer. Take a look: They even have dolls and totes to match! Saturday, October 26, Music to Haunt By. Mwah ha ha ha ha! Halloween is just around the corner and I have been creating a monstrous playlist of spooky, funny songs to play for Trick or Treat night! There are a lot of lists out there on the interwebs, but most of the ones I saw had maybe ten songs on them, and many were the same few songs suggested over and over.
So, I created my own. It's alive!! Sorry about that. I get carried away sometimes. Labels: funny , Halloween , music , playlist , scary songs , songs for Halloween , Trick or Treat. Labels: American Vampire , Angie's review , comic books , graphic novel , horror comic , Volume 2. I want to introduce Bite Club to a series of books that has been out for a while, but hasn't been reviewed here before. It is a fantasy series, but it is more of an urban fantasy because it is set in modern day, and the basic premise is that the gods, demons, fairies, and mythical beings of old are returning once again to battle for dominion over the earth.
The last time that they went head to head, they ended up at a truce and simply left Earth to humanity. This time, the evil forces have found a way to return, but the good entities need humanity to help them return and wage war against the armies of destruction. There are five Brothers and Sisters of Dragons in modern days that are capable of bringing the old entities back, and it is up to them to save the world.
But, the evil forces are looking for the five as well, to prevent them from fulfilling their destiny.
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