United States Army Fact File The TOW


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The judgment is affirmed in part, reversed in part, and the matter is remanded. The argument that the phrasing of right-to-counsel portions of the Miranda warnings on that day tainted his statements given two days later, when he was under arrest, is rejected. Miranda requires only that the suspect be informed that he has a right to an attorney before and during questioning and that an attorney would be appointed for him if he could not afford one. In view of the limited scope of prior case law, it will not be held that standing is wholly irrelevant when a judgment is challenged as void ab initio for of a lack of subject-matter jurisdiction.

Further, because circuit courts have subject-matter jurisdiction to try, convict, and impose sentence for all felonies, prior case law will not be extended to conclude that standing is irrelevant when a judgment is challenged as void for any of the other four identified bases. The opportunity to declare sua sponte the voidness of sentences imposed upon other felons is declined, as they are unquestionably necessary parties to an action to declare their sentences void, which, if successful, would result in the imposition of new sentences.

The judgment of the circuit court dismissing the present motion challenging sentences under the statute is affirmed. While it is undoubtedly error to sentence a defendant to a term of imprisonment shorter than the minimum authorized by the General Assembly, such error renders the judgment merely voidable, not void.

Any excessive sentence is void because the power to render any further judgment did not exist, but the reverse is not true. A sentence for less than what the legislature has provided is merely legal error, and when a court has power to render a judgment, it has the power to render an erroneous one.

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The circuit court also erred in ruling that the underlying personal injury action asserted a premises liability claim providing an independent basis for potential liability not precluded by the auto exclusion. Thus, there is no basis for such an award and it is reversed.


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The decision of the circuit court is reversed and final judgment is entered declaring that the auto exclusion precludes coverage for the personal injuries in this case under the policy. The dispositions of the Court of Appeals of Virginia are reversed, and final judgment is entered on this appeal reinstating and upholding the conviction.

United States Court of Appeals,Sixth Circuit.

The defendant filed her motion to set aside the guilty plea after the circuit court had pronounced sentence from the bench but before a written order had been entered. Here, the defendant failed to proffer evidence of a reasonable basis for contesting guilt.

Her proffered contention that she could prove that the merchandise was left in the store was not a viable defense as a matter of law. The argument that she was unaware of the impact of a guilty plea on job or housing prospects does not state a manifest injustice upon which to set aside the plea. The judgment of the Court of Appeals of Virginia is affirmed. Petitioner failed to prove by clear-and-convincing evidence that no rational factfinder would find him guilty of murder in light of the totality of the evidence.

Simultaneous with the petition for a writ of actual innocence, petitioner submitted the present application for a writ of habeas corpus, citing the same forensic evidence. The argument that this statutory limitation period violates the bar against suspension of the writ of habeas corpus as set forth in the Suspension Clause of Article I, Section 9 of the Constitution of Virginia is rejected. To the extent that petitioner attempts to raise a freestanding claim of actual innocence or argue his innocence should exempt him from the limitation period, both contentions are rejected.

Habeas corpus is not a vehicle for raising claims of actual innocence nor does the statute of limitations include any exception for claims of innocence. The petition is dismissed. The circuit court and the Court of appeals erred by concluding otherwise and by holding that the circuit court, not the JDR court, had jurisdiction to modify the child support order. The judgment of the Court of Appeals is reversed and the case is remanded.

Do-It-Yourself / Personally Procured Moves

The judgment of the Court of Appeals of Virginia upholding the conviction for failure to register as required is affirmed. Alstom Power, Inc. In the present case, the rule would apply. Because Virginia law thus recognizes that the rule can apply to breach-of-contract cases, the certified question is answered in the affirmative. The pertinent analysis of deterrence and culpability is confined to the objectively ascertainable question whether a reasonably well-trained officer would have known that the search was illegal in light of all of the circumstances.

There is no basis in this record for accusing the officer of flagrantly ignoring his constitutional duties. That he mistakenly did so does not justify the remedy of excluding otherwise admissible, probative evidence. Since the notice of appeal in this case was not filed within 30 days after such a confirmation order, this appeal is dismissed for failure to comply with the day time requirement of Rule a. By statute, these two types of orders can be appealed separately with neither impacting the other.

Accordingly, the appeal in this case is dismissed. A party who challenges the judgment of a lower court must on appeal assign error to each articulated basis for that ruling. In addition to demonstrating a denial of fundamental fairness, to establish a constitutional violation a plaintiff must demonstrate how the alleged violation prejudiced his right to a fundamentally fair proceeding by affecting the ultimate result to some discernable degree.

The petition for writ of actual innocence is granted and his convictions are vacated. In this case, the petitioner offered several previously unknown and untested witness affidavits in support of his petition for a writ of actual innocence based on nonbiological evidence, which the Commonwealth countered with previously unknown and untested witness statements of its own. Despite the statutory mechanism for referring issues in actual innocence cases to a circuit court for factual determination, the Court of Appeals determined from the record alone that the evidence supporting the petition was not material and accordingly denied the petition.

Although the Court of Appeals has broad discretion to determine whether the facts require further development, under the facts in this case, the refusal to order a hearing constituted an abuse of discretion. This defendant did not. Where undisputed facts showed that a defendant transported himself to the location of a drug transaction in his pickup truck, and sat in his truck during completion of the transaction, there was clear and convincing evidence that he used the pickup truck in substantial connection with the illegal distribution of a controlled substance in this incident.

The fact that the controversy or claim deals with the interpretation of the arbitration clause of the contract does not change the outcome. The judgment is reversed, and the case is remanded for entry of an order directing the parties to proceed to arbitration. The stipulated evidence presented to the circuit court, and other evidence received at sentencing, established that the defendant had been in actual or constructive possession of an AK firearm and a loaded magazine for the weapon at his residence during the time period when the four drug sales took place at that location.

Thus the defendant did not carry his burden of proof under the exemption statute. Claimant failed to persuade the Commission that his reconstruction work on the school building was part of the trade, business, or occupation of the church or the historical society. Whether work is part of the trade, business, or occupation of an owner depends upon the facts and circumstances of the particular case, and here the Court of Appeals did not err in concluding that the Commission applied the correct legal standard and acted within its factfinding discretion when it concluded that the claimant had failed to prove that the church or its historical society were his statutory employers.

Because evidence of causation in FELA cases where the events surrounding an injury are unwitnessed is often entirely circumstantial, the result must depend on the inference to be drawn from the evidence. Under the settled principles governing FELA cases, that juxtaposition created a jury issue as to which inference should be drawn.

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Exchange v. 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.

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.


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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. Thus, the convictions are affirmed, and the judgment of the Court of Appeals is vacated.


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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.

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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.

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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. 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.

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