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The HOAs seasonal lighting guidelines were not enforceable under the HOAs declaration of restrictive covenants.
The judgment and its ancillary award of attorney fees as well as costs are reversed, and the case is remanded for further proceedings consistent with this opinion. Cook 08/23/2019 In a case where final accounts relating to services of a trustee who also served as guardian and conservator for an incapacitated adult were presented for approval by the circuit court prior to review by the local Commissioner of Accounts, and not reviewed by the court thereafter, the judgment is reversed.
The court also erred in excluding testimony from a defense expert on the standard of care for nursing facilities, and in admitting the challenged testimony of the estates expert witness.
The judgment is reversed and the case is remanded for further proceedings consistent with this opinion. Commissioner of Highways 08/29/2019 In a condemnation case, the circuit court erred in restricting the landowners proffered evidence to the extent that it related to a potential rezoning of the agriculturally-zoned property for commercial development.
The reasonable possibility of a rezoning should be taken into consideration in compensating landowners, if there is sufficient evidence of a reasonable probability of rezoning.
The burden of proving a reasonable probability of rezoning rests on the property owner and unless the evidence relating to the likelihood of rezoning in the near future rises to the level of a probability, it is inadmissible.
The judgment of the Court of Appeals is reversed and vacated, and this case is remanded to the Court of Appeals for further proceedings consistent with this order. Smith (ORDER) 08/23/2019 A petition for a writ of habeas corpus is dismissed.
Almost 15 years after he was indicted for capital murder and malicious wounding but found incompetent to stand trial the circuit court found petitioner likely to remain incompetent for the foreseeable future under Code 19.2-169.3(A) and, under subsection (F) of the statute, began ordering a series of six-month periods of confinement in a state psychiatric hospital for continued treatment.
The judgment of the Court of Appeals upholding the conviction is affirmed. Belmont Glen Homeowners Association 08/26/2019 The trial court in this case erred in awarding a monetary judgment, injunctive relief, as well as attorney fees and costs to a homeowners association in an action against lot owners for violations of the HOAs guidelines governing the use of holiday decorations.
Victim ID: VA1900091401Victim Name: Pinkney Murphy Race: Black Sex: Male Age: Unknown Job: Unknown Method of Death: Hanged and riddled with bullets Accusation: Attempted rape of an unmarried white woman, a school teacher Date: 1900-09-14City: Arrington Mob Composition: Unknown Summary: On September 14th, 1900, Pinkney Murphy, a black man, was lynched near Arrington, Nelson County, for allegedly attempting to rape a white woman. Pinkney was able to make his escape to Arrington depot, where he attempted to board a train, but he was recognized and apprehended ().
Elon Bosworth, a respected white woman, was on her way home from a neighbor’s house when Pinkney Murphy allegedly attempted to sexually assault her in the afternoon of September 14th, 1900, about a mile from Arrington in Nelson County (). After his arrest, he was brought before a magistrate, where he confessed his crime.
A voluntary and intelligent guilty plea is a waiver of all non-jurisdictional defects that occurred before entry of the plea, thus the range of potential grounds for appeal following a guilty plea is limited in Virginia, but a defendant who has pled guilty still retains the statutory right to file a notice of appeal and present a petition for appeal to the Court of Appeals of Virginia.
Further, when entry of a guilty plea waives an issue for appeal, the correct disposition is denial, not dismissal.
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The trial court correctly denied the motion to suppress, and the Court of Appeals correctly affirmed that decision.