Sex offenders in montgomery county va
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Supreme Court of Virginia Opinions
Use FindLaw to hire a local sex crimes attorney to help you defend yourself. Need an attorney in Virginia? Use the contact form on the profiles to connect with a Virgina attorney for legal advice. How do I choose a lawyer? The judgment is reversed and the matter is remanded for entry of an order expunging the felony arrest record at issue. It was an abuse of discretion to disqualify this witness from testifying, and the subsequent entry of summary judgment for the defense was error. The judgment is reversed and the action is remanded for further proceedings consistent with this opinion.
If any of those circumstances are present, the court must deny the petition. However, even when those circumstances are absent, the court is not required to grant the petition and retains broad discretion in ruling on the petition. The judgment denying the petition is affirmed.
The circuit court should have granted the defense motion to strike the evidence on the basis of lack of causation.
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The judgment of the circuit court implementing a jury verdict for plaintiff is reversed and final judgment is entered on this appeal for the defendants. Under Rule a , a final judgment forecloses successive litigation of the same claim, but claim preclusion will not bar a claim that does not accrue prior to the litigation triggering the bar. Thus, the present cause of action had not accrued, and claim preclusion cannot bar it now.
Issue preclusion bars relitigation of common factual issues between the same or related parties, but the issue must have been actually litigated and essential to a valid and final personal judgment in the first action and here it is not certain that the issues were actually litigated and decided by the court. Judicial estoppel is an equitable doctrine intended to prevent litigants from adopting a position inconsistent with a stance taken in a prior litigation. Further, the court did not rely upon his assertions in rendering its decision in the prior case. Thus, judicial estoppel does not apply.
The judgment is reversed and the case is remanded for further circuit court proceedings. In this case, there was no final order entered regarding the claim that ex-husband is attempting to preclude by his assertion of res judicata. The rule to show cause issued on February 7, is discharged. Therefore, the circuit court erred in dismissing this case on the ground that plaintiff did not timely file his notice of tort claim.
In addition, an adverse inference instruction for spoliation of evidence is proper only where the party has acted in bad faith or with intentional conduct calculated to suppress the truth, which was not shown in this case. Certain testimony of a city code inspector must be excluded in any retrial as lacking in relevancy. The circuit court did not abuse its discretion in refusing to sever the claims of the most severely injured plaintiff from those of the other three plaintiffs, but it was error to permit amendment of the ad damnum clauses of three plaintiffs after completion of all of the evidence.
The judgment is affirmed in part and reversed in part, and the case is remanded for a new trial. The ultimate issues of fact in a prior larceny trial, in which the defendant was acquitted, were different from those in the present perjury trial. Thus, the trial court and the Court of Appeals did not err in finding the Commonwealth was not collaterally estopped from bringing the indictment for perjury.
The evidence, including circumstantial evidence, was sufficient to support a finding of guilt on the required elements of the perjury offense beyond a reasonable doubt. He did not claim the delay in any way prejudiced his defense of the SVPA petition. The implied consent law also does not violate the Virginia Constitution. Latitude Properties, Inc.
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The judgment of the circuit court granting summary judgment and enforcing liens upon the potential income tax refunds of debtors is reversed and the matter is remanded for further proceedings consistent with this opinion. Final judgment upholding the conviction in this case is entered. The judgment is affirmed in part, reversed in part, and final judgment is entered on this appeal.
Judicial estoppel is not an affirmative defense that is waived if not pled, thus it was not waived by the failure of the defamation defendants to raise it in their pleadings, and the circuit court had the authority to raise and apply the doctrine sua sponte.
The judgment dismissing this action on summary judgment is affirmed. The existence of a confidential relationship is insufficient, alone, to establish the second element. It must be accompanied by activity on the part of the dominant person in procuring or preparing the will in his favor before a presumption of undue influence will arise. In this case, the brother is not a beneficiary under either the will or the trust, and neither his entitlement to compensation as executor and trustee, nor his power as trustee to choose beneficiaries of certain trust property make him a beneficiary.
The uncertain and contingent possibility that the brother might divert and distribute trust property to himself does not make him a beneficiary. This doctrine, however, does not compel positive action by the promisor to bring about the performance of the condition. Thus, the duty of a vendor to a broker is fulfilled by remaining passive and neutral; the condition, upon which the payment of commissions is made to depend, is waived only where the vendor is active to prevent or hinder its performance.
Recovery of damages for preventing the performance of a condition also requires proof of causation. In this case, evidence was absent that the seller wrongfully prevented satisfaction of the contractual closing condition in excess of its legal rights. The judgment is reversed and final judgment is entered for the defendant seller on this appeal. That determination is reversed, and the case is remanded for consideration of all remaining issues.
The judgment denying permission to proceed in forma pauperis is reversed and the case is remanded for further proceedings. The operative agreements constituting an assumption reinsurance transaction did not provide a contractual basis for the claims for legal fees and costs.
The judgment of the Commission is affirmed. Strip searches of inmates and detainees will not violate the Fourth Amendment if they are reasonable in light of institutional security interests. Nor did the Court of Appeals err in concluding that there was sufficient evidence to sustain a conviction for possession of drugs with intent to distribute. The judgment of the Court of Appeals is affirmed in part, reversed in part, and final judgment is entered upholding the conviction. The appeal in the mandamus proceeding is dismissed.
The judgment of the circuit court with respect to the stay and injunctive relief is reversed and the matter is remanded for further proceedings consistent with this opinion.
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The public policy of Virginia has been to uphold the validity of the marriage status as for the best interest of society, and the presumption of the validity of a marriage is one of the strongest presumptions known to the law. Nor does any provision of the Code limit solemnization only to a ceremony.
Even if the courts were to infer a particular sequence for the license and solemnization requirements, a violation of that judicially implied requirement would not render the parties' marriage either void ab initio or voidable. The marriage was valid and the circuit court, therefore, had authority to distribute the marital assets consistent with the marital agreement and to continue its adjudication of the divorce proceeding.
The judgment of the Court of Appeals is reversed and the matter is remanded to that court for remand to the circuit court for further proceedings consistent with this opinion. They serve to assist the circuit court, not to supplant it.
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Their work is subject to review by the circuit court, which may accept or reject it, in whole or in part. Commissioners are not lower tribunals from which appeals are taken. In this case, the circuit court had subject matter jurisdiction over the case and its decisions are reviewed, not those of the commissioner of accounts. However, it was error to grant summary judgment on the fraudulent conveyance claim on the theory that a prima facie case could not be established when the recipient is a third party creditor with a higher security interest.
In addition, the circuit court erred by applying a clear and convincing standard of proof to a claim for successor entity liability based on the mere continuation of business theory. The judgment of the circuit court is affirmed in part, reversed in part, and the matter is remanded for further proceedings consistent with this opinion. For the reasons assigned in this opinion, the judgment is affirmed.
The statutorily prescribed three-year term is both a mandatory minimum and a mandatory maximum sentence. Community Management Corp. She won that litigation, and then instituted the present separate action as plaintiff to recover her legal fees from that prior case, relying on a contractual provision in the confidentiality agreement on which the corporation previously sued, which allows fee recovery by a prevailing party in confidential information disputes.
The judgment dismissing the present fee action is affirmed. Yancey Lumber Corp. At the same time, the evidence shows that the modifications will not create an unreasonable burden on the defendant's servient. Thus, it cannot be said that the circuit court, by granting plaintiff the right to make these limited modifications, failed to maintain a balance in the interests of the parties, respectively, as dominant and servient landowners.
McKinley Chiropractic Ctr. Here, the patient never obtained a judgment against the insured and relinquished all existing and future rights to recover from the insurer or its insured as part of the settlement of the personal injury claim. Final judgment is entered for the insurance company. Combined case with Record Nos. In a prosecution for making an unlawful communication with a child under this statute, the Commonwealth was not required to prove completion of taking indecent liberties. The judgment of the Court of Appeals upholding the defendant's conviction is affirmed.
He was accorded due process in an evidentiary hearing and could be heard and present evidence, and he had counsel throughout. The propriety of the sentence imposed and the involuntary civil commitment order are not challenged. The arguments that the ends of justice exception should be applied because the circuit court ignored the seriousness of his mental illness and should have committed defendant directly to inpatient hospitalization, making the imprisonment a manifest injustice, is rejected. The five-year prison sentence is for a crime committed before defendant's alleged temporary insanity, to which he pled guilty after recovering from that condition.
Statutes do not prescribe a sequence for imposition of incarceration for one offense in relation to involuntary civil commitment for different crimes committed in a later period of temporary insanity. Prisons are required to provide treatment, and defendant can also be transferred to a facility outside of the Department of Corrections if it is determined that he cannot be provided the kind of care required during incarceration. Thus the ends of justice exception under Rule will not be applied to review the errors alleged, and the judgments of the circuit court are affirmed.