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Court of Appeals of Virginia Published Opinions
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1357234 Wesley Shifflett v. Brian J. Hill, et al. 10/15/2024
Trial court did not err finding review of county employee grievance proceedings limited to whether department followed grievance procedure; review does not extend to consideration of other constitutional, statutory, and personnel policy arguments; order reviewing compliance decision is a final order despite ongoing grievance process, Code §§ 15.2-1507, 17.1-405
0449232 Jose Saul Grimaldo v. Commonwealth of Virginia 10/08/2024
Trial court abused its discretion denying appellant’s motion to strike a juror for cause; given the juror’s equivocal responses, there was reasonable doubt she could remain impartial; victim’s testimony was not inherently incredible and evidence sufficient to sustain rape conviction; Commonwealth not barred from retrying matter; conviction reversed and remanded for new trial
0523234 Wei Zeng, et al. v. Charles Wang 10/08/2024
Judgment affirmed as trial court did not err ruling fraud and constructive fraud claims barred by statute of limitations; no error finding appellants failed to exercise due diligence; no error finding fraud should have been discovered by exercise of due diligence or that claims were not tolled; claim operating documents could not be considered not preserved, Rule 5A:18
1860233 Woodrock River Walk LLC v. Lloyd Rice, et al. 10/08/2024
Trial court erred finding a summons for unlawful detainer filed twenty-nine days after notice of failure to pay rent violated the CARES Act and dismissing eviction proceeding; neither a summons nor a notice of termination of a lease require a tenant to leave the premises; Cares Act violated only when a writ of eviction executed within thirty days of notice, Code § 55.1-1245(F)
2108233 Zakeyis Ave'on Womack, s/k/a Zakeyis Aveon Womack v. Commonwealth of Virginia 10/08/2024
Trial court did not err finding evidence sufficient to prove appellant constructively possessed a firearm and convicting him of carrying a concealed weapon; evidence firearm located beneath appellant’s feet in floorboard and inference he attempted to conceal it proved appellant had knowledge of presence of firearm sufficient to show possession
0870231 Taylor B. Jolley v. Jason N. Ellis, et al. 10/01/2024
Trial court erred finding garbage truck driver and City of Chesapeake were shielded by sovereign immunity; in ordinary driving situations duty of care is a ministerial obligation; driver was operating truck as a means of transport engaged in a ministerial act and not shielded by sovereign immunity; case remanded for further proceedings
1083233 Kelly Leigh Harris v. Washington & Lee University 10/01/2024
Trial court did not err sustaining a plea in bar dismissing wrongful termination claims of appellant; definition of employee and employer in Code § 40.1-2 permit an employee having more than one employer if employers are similar entities; appellant failed to show W&L paid her wages, salaries, or commissions
1110234 Henri Mauricio Perez Flores v. Commonwealth of Virginia 10/01/2024
Judgment affirmed as trial court did not err finding no exclusionary remedy applied to a vehicle stop for suspected violation of Code § 46.2-1013(A); district court’s order granting pretrial motion to nolle pros DWI charge was not a judgment on the merits, even after motion to suppress granted; interpretation of Code § 46.2-1013(F) not preserved, Rule 5A:18
1465233 Tuscarora MarketPlace Partners, LLC v. First National Bank 10/01/2024
Trial court did not err granting summary judgment, declaring restrictive covenants remained valid and enforceable, and enjoining appellant from violating the restrictive covenants; no error finding horizontal privity existed between original parties although not all parties conveyed an estate in land; restrictions not collateral to land but touch and concern its use
1515233 Christiana Leigh Justice v. Commonwealth of Virginia 10/01/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of felony child neglect and felony homicide; evidence sufficient to find appellant willfully gave child lethal medication; mens rea requirement argument not preserved, Rules 5A:18, 5A:20
1638233 Yellow Mountain Village Mobil Home Park Association, et al. v. Yellow Mountain MHP, LLC 10/01/2024
Trial court did not err finding lease granted Landlord unilateral authority to raise lot rents, and dismissing actions for declaratory judgment and injunctive relief with prejudice; no error finding no ambiguity in contract and that contract clearly reserved right to increase rent mid-term; one-year term lease with fixed rent can provide for rent increase mid-term under Code § 55.1-1302
8888881 Cases Appealed to Supreme Court of Virginia 10/01/2024
1385233 Teddy Ray Cisneros v. Commonwealth of Virginia 09/24/2024
Judgment affirmed as trial court did not abuse its discretion revoking suspended sentences and ordering remaining balance served; collateral attack that earlier orders exceeded maximum period allowed by statute render orders merely voidable, not void ab initio; collateral attack not preserved, procedurally barred, and ends of justice exception does not apply, Rule 5A:18
0193232 Leonard W. Cowherd, et al. v. City of Richmond 09/17/2024
Judgment affirmed as trial court did not err finding City possessed sole authority to direct A.P. Hill monument site relocation pursuant to Code § 15.2-1812; appellant failed to establish ownership of or vested interest in the monument; second, sixth, tenth, and eleventh assignments of error waived; Rule 5A:20(e)
1427232 Ryan Douglas Roberts v. Commonwealth of Virginia 09/17/2024
Trial court did not err denying appellant’s motion to suppress evidence from warrantless entry into vehicle where appellant slept in shopping center-parking lot; warrantless entry reasonable under the emergency-aid exception to warrant requirement; plastic baggie containing controlled substances in plain view
1429224 Elwood Lewis Thomas v. Commonwealth of Virginia 09/17/2024
Upon a rehearing en banc, trial court did not err denying motion to suppress incriminating statements finding voluntarily waiver of Miranda rights; no evidence of threat of probation violation to appellant if he invoked privilege against self-incrimination; no abuse of discretion denying mother’s testimony, in sentencing, or allowing expert testimony on delayed disclosure
1588233 Town of Iron Gate, Virginia v. Jennifer Lynn Simpson 09/17/2024
Judgment affirmed as trial court did not err finding property taken without just compensation, confirming award, and reimbursing for attorney fees and costs incurred but not paid; appellee’s petition articulated inverse condemnation theory; no abuse of discretion in evidentiary rulings; remanded for appellate attorney fees; review of recusal claim precluded, Rule 5A:8
1954232 Northern Neck Insurance Company v. Virginia Farm Bureau Mutual Insurance Company, et al. 09/17/2024
Trial court erred granting summary judgment and finding appellee’s policy was canceled prior to loss; as cancellation did not comply with policy terms the policy was not effectively cancelled and remained in effect at time of loss; provision in policy intended to prevent retroactive cancellation of policy; reversed and remanded
1239233 Lindsey Nicole Perkins v. Rebecca Lynn (Hicks) Howington, et al. 09/10/2024
Trial court did not err finding appellant’s lack of contact with the child for six months prior to filing of the adoption petition was without just cause and her consent to adoption was not required; to constitute just cause, the failure to communicate or visit must be due to factors beyond parent’s control; no error referring to probation records, Code § 63.2-1202(H)
0372232 Juhwaan Barnes v. Commonwealth of Virginia 09/03/2024
Trial court did not err finding evidence sufficient to corroborate accomplices’ testimony; no abuse of discretion denying appellant’s proposed jury instruction on uncorroborated accomplice testimony
0952234 Avonlea LLC v. Karl Moritz, Director of Planning and Zoning for the City of Alexandria, et al. 09/03/2024
Trial court did not err overturning decision by the Board of Zoning Appeals to grant appellant a variance; BZA lacked statutory authority to grant variance as zoning ordinance requiring access to parking from alley or interior court did not regulate types of activities subject to a variance; ordinance does not regulate shape, size, or area of a lot or parcel of land, Code § 15.2-2201
1826232 William Bradley Seat v. Commonwealth of Virginia 09/03/2024
Trial court did not err finding evidence sufficient for the jury to find requisite intent and convict appellant of commercial sex trafficking; evidence of 175 text messages sent to detective sufficient to prove behavior element of offense; statute proscribes conduct that falls short of causing a completed act of prostitution, Code § 18.2-357.1
1621231 Matthew Keil v. Jim O'Sullivan, etc. 08/27/2024
Trial court did not err dismissing action to challenge refusal to provide an internal affairs file under VFOIA or Data Act; appellant not a data subject of the internal affairs file as file not indexed by reference to his name or other identifiable particulars; failure to separately respond to VFOIA requests for same information did not entitle appellant to relief, Code § 2.2-3800(B)(4)
2023234 Stafford County Board of Zoning Appeals, et al. v. John L. Grove, II, et al 08/27/2024
Trial court erred holding that appellants could not file responsive pleadings, such as a demurrer, to a petition filed pursuant to Code § 15.2-2314; the section shields the BZA from being made a party to appeals, it does not prohibit the Board of Supervisors from filing a responsive pleading; reversed and remanded for further proceedings
1382231 Norfolk Department of Human Services v. Joshua Goldberg 08/20/2024
Trial court did not err interpreting statute to allow father access to documents from unfounded report of child sexual assault under bad faith disclosure exception; exception applies even though bad faith actor made complaint to mandatory reporter instead of local department; provision provides means for victims of bad faith complaints to file civil suit, Code § 63.2-1514(D)
1045233 Raymond Charles Bell v. Commonwealth of Virginia 08/13/2024
Judgment reversed as trial court erred summarily holding appellant in contempt as conduct did not satisfy requirements of Code §§ 18.2-456(A)(1) or (3); contemptuous conduct not committed in presence of court; argument objecting to court’s use of summary contempt not preserved, but ends-of-justice exception applied; order reversed and remanded, Rule 5A:18
1903224 Rachel Virk v. Gary L. Clements, et al. 08/13/2024
Trial court did not err sustaining demurrers to appellant’s claims arising from being held in contempt of court and incarcerated overnight; judge’s oral order of contempt gave appellees legal excuse to seize and maintain appellant; claims of false imprisonment, gross negligence, negligence per se, civil conspiracy, and respondeat superior not sufficiently plead
0769231 Antwan Deangelo Barrow, s/k/a Antwonne D. Barrow v. Commonwealth of Virginia 08/06/2024
Trial court did not abuse its discretion sentencing appellant to one year and six months active incarceration; trial court had authority to revoke and reimpose active portion of sentence but not authority to place him on probation thereafter; trial court did abuse its discretion ordering appellant to an additional period of suspension or probation, Code § 19.2-303
1374231 Harvey B. Hazelwood v. Lawyer Garage, LLC, et al. 08/06/2024
Trial court erred granting demurrer to appellant’s claims that alleged Arizona substantive law should be applied; the site of the injury is the location where the tort, or injury, is completed; although alleged negligent repair occurred in Virginia, the injury was sustained in Arizona and Arizona’s substantive law is applicable to claims; reversed and remanded for further proceedings
1450224 Jane Doe v. Joseph Robert Green, Jr. 08/06/2024
Trial court did not err granting appellee’s plea in bar that statute of limitations barred appellant’s claims arising from sexual abuse in 2005 and 2006; the 2021 Accrual Statute has no explicit language conveying an intent to apply section retroactively; statute of limitations started running when appellant turned 18 as she knew of injury and causal connection, Code § 8.01-249(6)
1508233 Tori Turner, et al. v. Massie MHP, LLC 08/06/2024
Trial court did not err dismissing appellants’ claims finding they failed to prove appellee willfully interrupted their water service; tenant must adduce evidence that the act or omission that caused the interruption was intentional rather than inadvertent or negligent; no evidence appellee informed of the cut-off date, Code § 55.1-1243.1
1585234 Karen Williams, et al. v. Rappahannock County Board of Supervisors, et al. 08/06/2024
Trial court erred finding Code § 27-13 authorized county board to remove and reappoint officers of volunteer fire company and erred granting appellees’ pleas in bar to appellants’ petition for declaratory judgment and judicial review of election of directors; reversed and remanded for further proceedings
8888881 Cases Appealed to Supreme Court of Virginia 08/06/2024
0414234 Citizens for Faquier County v. Town of Warrenton, Virginia, et al. 07/30/2024
Trial court erred finding correspondence exemption in Code § 2.2-3705.7(2) applied to mayor and town manager; correspondence exemption provides single exemption; abuse of discretion permitting appellee to pick email samples for in camera review without providing evidence sample was representative; matter reversed and remanded to reevaluate exemption claims
0535234 Samuel Rolofson v. Brittany Fraser 07/30/2024
Judgment affirmed as trial court did not err dismissing appellant’s defamation claims against appellee and concluding that Virginia Anti-SLAPP statute did not apply; undisputed evidence appellee’s 2020 statements were absolutely privileged; 2021 statement was an expression of opinion; no abuse of discretion denying leave to amend appellant’s amended complaint
0789233 Gregory Allen Marlowe v. Southwest Virginia Regional Jail Authority, et al. 07/30/2024
Judgment affirmed dismissing appellant’s second amended complaint; trial court erred denying appellee’s plea in bar asserting one-year statute of limitations; appellant injured while being transported in a van operated by Southwest Virginia Regional Jail was person confined in a state or local correctional facility and his claims are time-barred under Code § 8.01-243.2
0828234 Brittany Fraser v. Samuel Rolofson 07/30/2024
Trial court did not err concluding Virginia Anti-SLAPP statute did not apply; Fraser’s statements through an internal grievance process did not address a matter of public concern; United States Army does not qualify as governing body of any locality or political subdivision under Code § 8.01-223.2(A)(ii); no error failing to award attorneys’ fees and costs
1399224 Pegasystems Inc. v. Appian Corporation 07/30/2024
Trial court did not err denying appellant’s motions to strike and set aside the verdict; trial court abused its discretion giving jury instruction that failed to require appellee to prove causation as required by Virginia Uniform Trade Secrets Act and shifted burden to appellant; abuse of discretion excluding appellant’s evidence; judgment reversed as to VUTSA claims and remanded
1924232 Fredrick Hamilton Cosby, s/k/a Fredrick H. Cosby, Jr. v. Commonwealth of Virginia 07/30/2024
Trial court did not abuse its discretion finding that appellant’s most recent violations of probation constituted a third or subsequent technical violation; joinder of non-technical and technical violations in earlier mixed revocation proceedings did not nullify effect of earlier technical violations under Code § 19.2-306.1(C)
0367234 Connie A. Kosmann, Putative Trustee of the Brown Living v. Edith Brown, by her Agent Nadine Seamans 07/23/2024
Trial court did not err finding amendment to a trust invalid and unenforceable as it conflicted with the trust agreement and finding appellant was not a trustee of the trust; amendment to trust constituted a general power of appointment prohibited by trust agreement; an attorney-in-fact is not precluded from holding a power of appointment, Code §§ 64.1-701, 64.2-1600
0492232 Roger E. McMillion, a/k/a Roger E. McMillian v. Commonwealth of Virginia 07/23/2024
Trial court erred finding appellant in default and forfeiting seized money to Commonwealth; Code § 19.2-386.9(ii) does not require providing evidence of ownership in addition to a sworn answer at pleading stage; sworn statements of appellant sufficient to provide the evidence thereof required by statute; matter remanded to hold a trial on the merits for forfeiture of assets
1677232 Mohammad Hussein Abanda v. Commonwealth of Virginia 07/23/2024
Commonwealth’s motion to dismiss the appeal granted; trial court lacked jurisdiction to deny appellant’s motion as court did not act within 60 days of appellant’s transfer to the Department of Corrections; operative date under Code § 19.2-303 is date of ruling, not when motion filed or when matter comes before the court; order vacated, and matter remanded to dismiss motion
0675222 Steven Wayne Shifflett v. Commonwealth of Virginia 07/16/2024
Upon a rehearing en banc, trial court did not abuse its discretion when it found failure to complete sex offender counseling and required community service were violations of non-technical special conditions of probation; trial court’s delegation of supervision of special condition programs do not convert such violations into technical violations, Code § 19.2-306.1
0876232 A.A., et al. v. J.M., et al. 07/16/2024
Trial court did not err voiding final adoption order; error leaving interlocutory adoption and custody orders in place; trial court had subject-matter jurisdiction over final and interlocutory adoption orders but lacked power to render orders; no subject-matter jurisdiction for custody order; adoption proceedings to be dismissed and hearing held on A.’s existing custody petitions
0940232 J.M., et al. v. A.A., et al. 07/16/2024
Trial court did not err voiding final adoption order; error leaving interlocutory adoption and custody orders in place; trial court had subject-matter jurisdiction over final and interlocutory adoption orders but lacked power to render orders; no subject-matter jurisdiction for custody order; adoption proceedings to be dismissed and hearing held on A.’s existing custody petitions
0953232 J.M., et al. v. A.A., et al. 07/16/2024
Trial court did not err voiding final adoption order; error leaving interlocutory adoption and custody orders in place; trial court had subject-matter jurisdiction over final and interlocutory adoption orders but lacked power to render orders; no subject-matter jurisdiction for custody order; adoption proceedings to be dismissed and hearing held on A.’s existing custody petitions
1682233 Buck Wilson Terry, Jr. v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not err by imposing active sentence; trial court had power to render judgment; alleged error in revocation order which resulted in possible misclassification of violation does not render judgment void ab initio; argument violations were technical in nature not preserved, Rule 5A:18
1855222 J.M., et al. v. A.A., et al. 07/16/2024
Trial court did not err voiding final adoption order; error leaving interlocutory adoption and custody orders in place; trial court had subject-matter jurisdiction over final and interlocutory adoption orders but lacked power to render orders; no subject-matter jurisdiction for custody order; adoption proceedings to be dismissed and hearing held on A.’s existing custody petitions
1955232 The Episcopal Diocese of Southern Virginia, et al. v. Robert K. Marshall, et al. 07/16/2024
Trial court erred concluding claim for defamation per se could be resolved on secular principles; defamation claim barred by state and federal protections for religious liberty; error to not sustain plea in bar invoking ecclesiastical-abstention doctrine and dismiss count with prejudice; case remanded for further proceedings consistent with opinion
1062233 Joseph Franklin Sechrist v. Commonwealth of Virginia 07/02/2024
Trial court did not err denying appellant’s motion to suppress; pat down search justified as deputies had reasonable suspicion appellant was armed and dangerous; court has jurisdiction to consider appeal as parties agreed disposition deferred pursuant to Code § 18.2-251 with no waiver of appellate rights; order deferring disposition under Code § 19.2 298.02 a clerical error
8888881 Cases Appealed to Supreme Court of Virginia 07/02/2024
0810234 Melissa Trent v. Onderlaw, LLC, d/b/a The Onder Law Firm 06/25/2024
Trial court erred sustaining demurrer to appellant’s claim of legal malpractice; appellant sufficiently plead appellee breached a duty arising from attorney-client relationship by failing to timely disclose pertinent facts of status of her claim; attorney duties arise from both retainer agreement and attorney-client relationship itself, judgment reversed and case remanded
0962234 Luis Rivera v. Mantech International Corporation 06/25/2024
Trial court did not err sustaining appellee’s plea in bar of the statute of limitations and dismissing with prejudice appellant’s claim under Virginia Whistleblower Protection Law; limitations period begins to run as of date of prohibited retaliatory action; notice of termination, rather than actual date of termination, triggered statute of limitations, Code § 40.1-27.3
0981234 Frederick County, Virginia v. Virginia Department of the Treasury 06/25/2024
Trial court erred dismissing motion for show cause to Department of the Treasury for its refusal to honor a tax lien and demand for payment from unclaimed property; General Assembly expressly waived sovereign immunity in Code § 58.1-3952 by defining person to include Commonwealth and its agencies and political subdivisions; matter reversed and remanded
1290233 William L. Respess, et al. v. VMI Alumni Association 06/25/2024
Trial court did not err dismissing appellants’ petition for mandamus to force appellee to provide email addresses of their fellow members under Code §§ 13.1-845 and -933(B); statutory right to inspect records of members does not extend to email addresses; appellants did not assert any right of inspection under common law
1639222 Layla H. by her friend Maria Hussainzadah, et al. v. Commonwealth of Virginia 06/25/2024
Trial court did not err dismissing appellants’ complaint as it did not meet necessary requirement that appellants have standing to maintain suit; no basis to claim appellees’ policies responsible for appellants’ injuries; no error ruling jus publicum claim barred by sovereign immunity; Due Process Clause of Article I, § 11 self-executing
0741232 Marvin Leon Grimm, Jr., v. Commonwealth of Virginia 06/18/2024
Court issues writ of actual innocence and vacates petitioner’s convictions
1520233 Zachary Grady, etc. v. Joan L. Blackwell, etc. 06/18/2024
Judgment affirmed as trial court did not err dismissing appellant’s suit contesting appellee’s appointment as administrator of her daughter’s estate; to contest administrator’s appointment, a party must appeal the appointment to circuit court within six months; as challenge untimely and equitable tolling not preserved, constitutional argument not addressed, Rules 5A:18, 5A:20
0686231 Eric Antonio Newsome v. Commonwealth of Virginia 06/11/2024
Trial court did not err finding evidence sufficient to convict appellant of assault and battery by mob, disorderly conduct, and participating in a riot; rational trier of fact could conclude mob formed during attack on the victim and appellant was a part of the mob; appellant aided attack by holding victim’s arm to prevent her escape and was not merely present during the attack
0792232 City of Emporia v. County of Greensville 06/11/2024
Trial court did not err denying appellant’s motion craving oyer; trial court did incorrectly interpret Code § 15.2 3830 to require payment of proportionate share of entire county sheriff’s budget; statute requires payment of proportionate share of only the part of the sheriff’s budget that relates to circuit court and jointly used buildings; reversed in part and remanded
0521234 H.C. v. Potomac Hospital Corporation of Prince William, etc. 06/04/2024
Trial court did not err granting motion to strike, dismissing Potomac from suit for damages from sexual battery committed against appellant by nurse employed by Potomac; no misapplication of burden-shifting framework to conclude Potomac had no vicarious liability for nurse’s intentional tort; sexual molestation did not coincide with nurse’s performance of any job-related services
1201222 Dawn Lewis Williams v. Commonwealth of Virginia 06/04/2024
Petition for Rehearing En Banc granted
8888881 Cases Appealed to Supreme Court of Virginia 06/04/2024
0201232 Sarah K. Lehman, et al. v. WFV Holding, LLC, et al. 05/14/2024
Trial court erred ordering appellants to pay portion of appellee’s expenses from proceeds of sale of real property; complaints for partition did not include request for reimbursement of costs incurred; issue of compensation not raised until after partition completed; no unequivocal concessions; judgment reversed to reimburse appellants for amounts deducted from proceeds
0053232 Hunter Lee, III v. Commonwealth of Virginia 05/07/2024
Trial court did not err denying appellant’s motion to suppress evidence discovered during a search of his backpack; officers did not exceed scope of consent to search backpack by searching closed pill bottles within backpack; inference of general and unqualified consent and reasonable and passive acquiescence affirmed the bottles were within scope of consent
0081233 Brian Edward Sheets v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of rape; no error failing to set aside verdict where jury deliberated 20 minutes before discovering defense instruction on intimidation not provided; instruction read to jury before deliberations and each juror provided with a copy before reaching verdict; no abuse of discretion in sentencing
0240234 Richard Rebh, et al. v. The County Board of Arlington County, Virginia 05/07/2024
Trial court erred sustaining demurrer to appellant’s complaint for relief alleging appellee’s actions adopting sector plan as void ab initio; resolution and certification requirement and uniformity requirement satisfied; appellee did not provide sufficient public notice of its proposed actions; judgment reversed and appellee’s actions declared void ab initio
0702233 Jamie Allen Harless v. Kenneth E. Nicely, et al. 05/07/2024
Judgment affirmed as trial court did not err sustaining appellees’ demurrer to appellant’s complaint alleging defamatory statements; statements of three appellants entitled to qualified privilege and no facts plead to show common law malice; other claim waived; appellees’ claims for attorney fees under anti-SLAPP statute remanded for determination, Rules 5A:18 and 20
0877222 Pamela Kay Humphries v. Robert Brian Buchanan, et al. 05/07/2024
Upon a Rehearing En Banc – judgment reversed as court may not treat SSI benefits received by disabled child as independent financial resource under Code § 20-108.1(B)(9); SSI benefits are directly conditioned on amount of child-support payments received from parents; reversed and remanded for entry of new child-support order; other assignments waived, Rule 5A:8
1805224 Michael Jason Drexel v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of threatening to damage a building; Code § 18.2-83 requires proof of threat and unlawful intent, not a showing of malice; no abuse of discretion denying challenges to admission of his statements, rejection of certain jury instructions, and giving of Allen charge
8888881 Cases Appealed to Supreme Court of Virginia 05/07/2024
1201222 Dawn Lewis Williams v. Commonwealth of Virginia 04/30/2024
Trial court erred sustaining Commonwealth’s plea in bar and dismissing appellant’s complaint; as appellant not a Department of Corrections inmate when complaint filed, Virginia Tort Claims Act exclusion does not apply and no requirement to exhaust VDOC remedies; appellant’s notices of claim sufficient under VTCA; order reversed and remanded, Code § 8.01-195.3(7)
1724222 Michael R. Agnew, et al. v. United Leasing Corporation 04/30/2024
Judgment affirmed as no error confirming property’s sale and approving commissioner’s report and judicial sale; failure to strictly enforce terms of decree did not deprive court of jurisdiction; lapse of LLC registration did not invalidate purchaser’s bid; claim of error denying motion for reconsideration waived by challenging only one of two grounds for ruling, Rules 5A:18 and 20
0697232 J&R Enterprises, et al. v. Ware Creek Real Estate Corp., et al. 04/23/2024
Trial court erred using the adverse witness rule to bind appellants to all of adverse witness’s testimony and granting appellees’ motion to strike; adverse witness’s testimony may not bind a calling party if it is found to be inherently incredible; judgment reversed and matter remanded to reconsider evidence, binding appellants to only those portions not inherently incredible
0991232 Arturo Barnes v. Commonwealth of Virginia 04/23/2024
Judgment affirmed as trial court did not err denying motion to set aside jury’s verdict as inherently inconsistent; consistency in verdicts not required if sufficient evidence; inconsistency in verdicts not error per se; assignment of error jury erred rendering inconsistent verdicts waived as Rules provide assignment of error must identify error by trial court, Rules 5A:12, 18, and 20
0837234 Cenk Sidar v. Jane Doe 04/16/2024
Trial court erred finding appellee’s application for attorney fees timely filed under Rule 1:1A and ruling it lacked jurisdiction over the case until case returned to trial court clerk’s office; although appellee attempted to file within thirty days and filing was not allowed until more than thirty days after final appellate judgment, the filing was untimely
0600233 Doris Williams v. Carl Boggess, Esquire In this Capacity as Agent for Margarett Ward 04/09/2024
Trial court did not abuse its discretion denying appellant’s petition seeking an accounting under Code § 64.2-1614(A)(5); even where appellant had standing to bring the action, the trial court had discretion to grant or deny petition after considering interests of the principal and her estate
0270233 Mary Kyle Chaphe v. William Carson Skeens, et al. 04/02/2024
Trial court did not abuse its discretion weighing the factors in Code § 63.2 1205 to find appellant withheld consent to the adoption contrary to the best interests of the children; no error granting a close-relative adoption order in favor of appellees; neither trial court nor statute violated appellant’s due process rights;
0503233 Jeremie Davis v. Wal-Mart Associates, Inc., et al. 04/02/2024
Judgment affirmed as Commission did not err finding appellant failed to prove he suffered a structural or mechanical change and did not meet burden of establishing an injury by accident; argument contesting full Commission’s decision not to make finding not preserved, Rules 5A:18 and 5A:20
1702222 City of Richmond v. Property Ventures, Inc. 04/02/2024
Judgment affirmed as trial court did not err finding the appellant did not adequately prove the violations and dismissing appellant’s action for judicial sale of appellee’s property; appellant may enforce weed abatement ordinance on private and public property; appellant failed to preserve arguments by failing to articulate specific objections to trial court’s rulings, Rule 5A:18
8888881 Cases Appealed to Supreme Court of Virginia 04/02/2024
0816233 Lawrence McNally v. Virginia Department of Motor Vehicles 03/26/2024
Trial court did not err rejecting appellant’s appeal as the hearing officer did not violate due process and decision not contrary to law; appellant failed to show hearing officer violated constitutionally protected guarantees; substance of appellant’s alleged due process claims were challenges to factual, procedural, and policy elements of hearing officer’s decision
1246233 Christopher Pompell v. Commonwealth of Virginia 03/26/2024
Trial court did not err permitting the Commonwealth to amend indictment to a misdemeanor that was not a lesser-included offense of the original felony after the one-year statute of limitations had expired; amendment permissible under Code § 19.2 231; the misdemeanor similar in nature and character to the originally charged felony did not commence a new prosecution;
0144223 Mazie Green v. Portfolio Recovery Associates, LLC 03/19/2024
Petition for rehearing en banc granted
0795233 Shanta Orlando Hubbard, a/k/a Shawn Hubbard v. Commonwealth of Virginia 03/12/2024
Trial court erred denying appellant’s motion to suppress; his consent to warrantless searches in a prior plea agreement did not include consent to intrusive searches of private areas; insufficient evidence of exigent circumstances to justify warrantless search; appellant’s conviction reversed and case remanded
0910222 Jamar Paxton v. Commonwealth of Virginia 03/12/2024
Trial court erred not suppressing appellant’s incriminating statements and error not harmless; appellant unambiguously invoked his right to remain silent and did not voluntarily reinitiate interrogation; police did not scrupulously honor right to remain silent; Miranda objection not waived by testifying; convictions reversed and remanded for further proceedings
1687224 Christopher O. Parrish v. Mikeya Vance 03/12/2024
Judgment affirmed as trial court did not err finding evidence sufficient for appellee to recover under the VRLTA; lease agreements may not waive rights, including warranty of habitability, non-waivable by statute; no abuse of discretion admitting oral evidence and service report; due process argument waived, Rule 5A:18
1964221 Douglas Leon Miner v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence sufficient to convict appellant for making a false statement in connection with the purchase of a firearm; no abuse of discretion to admit plea agreement and copy of indictment showing appellant was under indictment; former attorney not a public officer for doctrine of good faith reliance, Code § 18.2-308.2:2(K)
1499222 Dennis Christopher Howard v. Sheriff Roger L. Harris, et al. 03/05/2024
Trial court did err granting summary judgment for appellees on illegality defense and gross negligence claim; allegation of unsound mind raised a genuine dispute of a material factual issue; court erred determining appellees exercised some degree of care for appellant’s safety; judgment reversed and remanded for further proceedings
8888881 Cases Appealed to Supreme Court of Virginia 03/05/2024
0023232 The Board of Supervisors for the County of Louisa, Virginia v. Vallerie Holdings of Virginia, LLC 02/27/2024
Trial court did not err reversing decision of board of zoning appeals and granting variance; no error finding strict application of zoning ordinance unreasonably restricted use of property and hardship not self-inflicted; trial court must defer to decision of BZA, not underlying factual findings; presumption of correctness by BZA may be rebutted by preponderance of the evidence
0056231 Melissa Nanette Diaz v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to find malice and convict appellant of second-degree murder; defiling a dead body does not require physical damage or disfigurement; screenshots of Facebook posts qualify as duplicate originals for purposes of best evidence rule; error harmless granting motion to redact portions of interrogation
0361212 Terence Jerome Richardson, s/k/a Terrence Jerome Richardson v. Commonwealth of Virginia 02/27/2024
Upon remand from the Supreme Court of Virginia, this Court’s June 21, 2022 order dismissing Richardson’s petition for writ of actual innocence is withdrawn and vacated in part; the matter is reinstated on this Court’s docket and remanded to the circuit court to take testimony and certify findings of fact on enumerated questions.
0505233 Leroy Vanmeter, Jr. v. Commonwealth of Virginia 02/27/2024
Trial court did not err finding Code § 19.2 354(C)(ii) does not entitle inmates to offset their fines or costs with community-services credits for work performed for the Virginia Department of Corrections at the prisons that house them; trial court retained jurisdiction to consider matters pertaining to appellant’s payment of costs
0884233 Samantha Maxine Stilwell v. Commonwealth of Virginia 02/27/2024
Trial court did not err finding evidence sufficient to prove appellant assaulted the victim based on the victim’s race; use of racial epithets combined with unprovoked nature of attack support the trial court’s findings, Code § 18.2 57(B)
0144223 Mazie Green v. Portfolio Recovery Associates, LLC 02/20/2024
Trial court erred granting judgment against appellant; appellee failed to prove right to recover appellant’s debt and lacked standing to sue; abuse of discretion dismissing appellant’s counterclaim under FDCPA; judgment is reversed and vacated, and matter remanded to enter final judgement that appellant does not owe a debt and for trial court to consider counterclaim
0813231 Michael J. Muhammad, et al. v. Ramin Fatehi 02/20/2024
Trial court did not abuse its discretion imposing a $500 sanction against appellants’ counsel; no error finding the public nuisance complaint was not warranted by existing law or a good faith argument for extension and that it was filed for the improper purpose of political publicity; no precedent holding maladministration to be a public nuisance, Code § 8.01 271.1
0951222 Carlos Ibanez, et al. v. Albemarle County School Board, et al. 02/20/2024
Trial court did not err sustaining appellees’ plea in bar and demurrer and dismissing appellants’ complaint with prejudice; each of appellants’ claims fail for either failure to state a constitutional injury, or they lack standing as future injuries alleged are speculative; first paragraph of Article I, § 11, and all of § 12 are self-executing constitutional provisions, Code § 1-240.1 is not
0042234 Adam Marcus Griffin v. Commonwealth of Virginia 02/13/2024
Trial court did not err granting Commonwealth’s motion to nolle prosequi three multi-jurisdictional grand jury indictments as no evidence of prosecutorial vindictiveness or prejudice to appellant; no error denying appellant’s motion to dismiss his solicitation of murder offense as evidence sufficient to determine venue existed within the City of Winchester
0187233 Robert Marshall Cornelius v. Commonwealth of Virginia 02/13/2024
Trial court did not abuse its discretion transferring appellant from Department of Juvenile Justice to Department of Corrections following a review hearing; transfer decisions under Code § 16.1 285.2 are contemplated by statute and entirely discretionary; record establishes court reviewed and considered all the evidence before rendering judgment
0409232 Emmanuel Worship Center, et al. v. The City of Petersburg 02/13/2024
Trial court did not err granting appellee’s motion to strike and determining property not exempt from property taxes; appellants failed to satisfy the exclusivity requirement in Code § 58.1 3606(A)(2); no error denying appellee’s request for additional attorney fees as no provision for attorney fees after the taxpayer has exercised its right of redemption
1298222 Anne Edwards Hartley, et al. v. Board of Supervisors of Brunswick County, Virginia 02/13/2024
Trial court did not err granting summary judgment or partially granting appellee’s demurrer as appellee produced some evidence of reasonableness; failure to align with the comprehensive plan or consider statutory factors on the record does not render a zoning amendment arbitrary and capricious; no abuse of discretion denying appellants’ motion for continuance
1485222 Seth G. Heald, et al. v. Rappahannock Electric Cooperative 02/13/2024
Judgment affirmed as trial court did not err denying declaratory judgment on appellants’ proxy vote bylaw proposals and granting declaratory judgment on board member compensation bylaw proposals; judgment reversed in part as trial court erred entering summary judgment for appellee on the supermajority vote requirement and matter remanded for further proceedings
0973214 Katie Orndoff v. Commonwealth of Virginia 02/06/2024
Upon a Rehearing – Judgment of trial court affirmed without opinion by an evenly divided Court
1148222 James David Watwood v. Commonwealth of Virginia 02/06/2024
Judgment reversed and remanded; as trial court lacked jurisdiction under Rule 1:1(a), appellant’s appeal of denial of his motion to vacate is dismissed and case remanded for dismissal; sanctioning appellant against any future pro se filings was abuse of discretion; order reversed and remanded to narrowly tailor sanction using Cromer factors, Code § 8.01-271.1
1367221 Dustin Lee Hamilton v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding it has jurisdiction to revoke appellant’s previously suspended sentence and return appellant to supervised probation; trial court did err ordering appellant be of good behavior for an additional 20-year period that exceeded his period of suspension; matter reversed and remanded to correct the order’s good behavior requirement, Code § 19.2-306(C)
1500222 Konradt Gunter Tatusko v. Commonwealth of Virginia 02/06/2024
Judgment affirmed as trial court did not err allowing amendment of the warrant for reckless driving or overruling appellant’s motions to strike; no abuse of discretion denying his motions for continuance, bill of particulars, and suppression, or allowing testimony estimating speed and LIDAR devices; exclusion of witness claim defaulted, Rule 5A:18 and 5A:20
1536221 Lawrence W. Nalls, III v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding appellant in violation of his probation and revoking and suspending part of his previously suspended sentences; Code § 19.2-306.1 creates a hierarchy within categories of technical violations; certain technical violations are more serious and skip the first technical violation tier
1559222 George Juan Walker v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient for the jury to find appellant committed carjacking; although larceny inference is not extended to carjacking, a factfinder may properly consider a defendant’s exclusive possession of the recently stolen vehicle as a circumstance determining whether defendant committed the crime
1585224 Pui Ho v. Ebne Rahman, et al. 02/06/2024
Trial court erred sustaining appellees’ plea in bar; 15-year statute of limitations for adverse possession runs against the invaded property, not the owner, so a change in ownership will not restart the statute of limitations; issue properly preserved for appeal; ruling reversed and matter remanded for further proceedings
1985223 Rhoda Faye Welch v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient to convict appellant of petit larceny; appellant’s actions concealing the laptop tended to show she did not have a good faith belief the tablet was abandoned under a claim-of-right defense
8888881 Cases Appealed to Supreme Court of Virginia 02/06/2024
0067234 Fatima Shaw-McDonald v. Eye Consultants of Northern Virginia, P.C., et al. 01/30/2024
Trial court erred in dismissing appellant’s medical malpractice claim for lack of standing; appellant had standing at the time of filing and although the claim became part of the bankruptcy estate upon her filing of a chapter 7 bankruptcy petition, the claim was abandoned by the trustee and restored to appellant; judgment reversed and case remanded for further proceedings
0178234 Joana Konadu v. Commonwealth of Virginia 01/30/2024
Trial court did not err convicting appellant of reckless driving; Commonwealth proved sufficient mens reas as appellant exhibited a lengthy, total, and complete failure to keep a lookout; evidence sufficient to show appellant was looking away and distracted for a significant amount of time while the vehicle was out of control, Code § 46.2-853
0344231 Joshua Stanton v. Virginia Beach - Fire Operations 01/30/2024
Commission did not err denying appellant’s application for benefits alleging a change in condition as appellant’s change occurred beyond the statute of limitations; hip replacement was not to repair or replace prosthesis or orthosis; appellant had worked over six years on full duty after date compensation last paid, Code § 65.2 708(A) and (C)
0366231 David W. Fauber v. Town of Cape Charles, et al. 01/30/2024
Trial court did not err granting summary judgment to appellee as material facts were not in dispute; § 4.5 of the town’s charter, providing the mayor exercises the powers of the town manager during a temporary vacancy, does not violate Article VII, § 6 of the Virginia Constitution which prohibits holding dual offices
0822222 John B. Russell, Jr. v. Commonwealth of Virginia 01/30/2024
No jurisdiction to hear appeal as the trial court lost jurisdiction to hear appellant’s motion to withdraw his plea 21 days after September 24, 2021 conviction order; denial of appellant’s motion to withdraw his plea was a nullity; pendency of a post-judgment motion more than 21 days after the final order does not toll the 21-day period; appeal dismissed, Rule 1:1(a)
1521221 Tina C. Rodrigue, M.D., et al. v. Loretta Butts-Franklin 01/30/2024
Trial court did not abuse its discretion refusing appellants’ jury instruction on appellee’s duty to mitigate damages; duty to mitigate instruction may be given only if there is more than a scintilla of evidence in support; insufficient evidence in the record to permit the jury to find appellee failed to mitigate damages
1589222 Fredericksburg Ambulatory Surgery Center, LLC v. C. Rosser Massey, III, M.D. 01/30/2024
Trial court erred granting partial summary judgment when there were at least two genuine issues of material fact regarding the value of appellee’s shares; summary judgment inappropriate when pleadings and other materials establish material facts are genuinely in dispute; judgment reversed and case remanded for further proceedings
1936223 Jaquantis Daeshon Yellock v. Commonwealth of Virginia 01/30/2024
Trial court erred finding evidence sufficient to prove victim was a family or household member pursuant to Code § 18.2-57.2; evidence sufficient to convict appellant of lesser-included offense of assault and battery; matter remanded for trial on assault and battery if Commonwealth be so advised
0164234 United Continental Holdings, Inc. v. Molly Sullivan 01/23/2024
Commission did not err finding appellee sustained a compensable injury that arose out of and in the course of her employment and awarding temporary total disability benefits to appellee; appellee had effectively entered appellant’s workplace under the extended premises doctrine when the injury occurred
1040211 Taylor Amil Wallace v. Commonwealth of Virginia 01/23/2024
Upon a Rehearing En Banc – trial court erred as evidence insufficient to establish appellant was without authority as required by Code § 18.2-152.3 when she accessed her own bank account via an ATM; appellant used the ATM for an unlawful purpose, not in an unlawful manner; appellant’s convictions for computer fraud reversed and case remanded for sentencing order
1043222 Markees Gross, s/k/a Markees A. Gross v. Commonwealth of Virginia 01/23/2024
Trial court did not err denying appellant’s motion to suppress evidence of a firearm recovered during a protective sweep of the vehicle appellant was driving; based on the totality of the circumstances, officers had reasonable articulable suspicion to believe appellant was armed and dangerous justifying a protective sweep of the vehicle
1278222 Shannon B. Boyette v. Carrie E. Sprouse 01/23/2024
Judgment affirmed as trial court did not err denying appellant’s motion to strike appellee’s evidence; no abuse of discretion finding more than a scintilla of evidence to support appellee faced a sudden emergency not created by her negligence, and granting jury instruction on sudden emergency doctrine; assignments of error to other jury instructions waived, Rule 5A:20(e)
1349224 James D. Shaw, a/k/a Roscoe James Shaw v. Commonwealth of Virginia 01/23/2024
Trial court did not err denying appellant’s pretrial motions; no error defining malice or determining evidence sufficient for jury to find malicious intent; no abuse of discretion excluding mental-condition testimony of appellant’s expert psychologist which showed impaired judgment but did not show appellant lacked the required intent, Code § 19.2 271.6
0243224 Dana Mark Camann, Jr. v. Commonwealth of Virginia 01/16/2024
Upon a Rehearing En Banc — judgment reversed and the possession of etizolam conviction vacated; charge is dismissed, and the case remanded for resentencing of the other convictions; as appellant did not seek rehearing of the earlier panel ruling affirming the denial of appellant’s suppression motion, it remains undisturbed and is reinstated
1161221 Sh'Kise Fazion Cappe v. Commonwealth of Virginia 01/16/2024
Judgment affirmed as record sufficient to sustain appellant’s convictions of first-degree murder, conspiracy to commit murder, and use of a firearm; strong circumstantial evidence supports convictions; trial court’s exclusion of non-identification lay-opinion testimony was harmless error
1265222 Lucinda Walker v. Virginia Department of Corrections—Greensville Correctional Center 01/16/2024
Commission erred finding appellant’s claim for temporary total disability benefits was barred by the statute of limitations; when an employer pays equal wages for light-duty employment it is a statutory award of compensation; Commission’s finding reversed and the case remanded for further proceedings, Code § 65.2-708
1245224 Smith Development, Inc. v. Martin C. Conway, et al. 01/09/2024
Judgment affirmed as trial court did not err applying a three-year limitations period and dismissing appellant’s legal-malpractice claim; representation agreement limited to the particular undertaking which ended upon conversion from a chapter 11 proceeding to a chapter 7; no material facts genuinely in dispute; appellant did not carry its burden to prove equitable estoppel
8888881 Cases Appealed to Supreme Court of Virginia 01/09/2024
0183233 Lisa G. Boxley v. Estel R. Crouse, et al. 12/28/2023
Trial court did not err granting appellees a prescriptive easement across appellant’s land and prohibiting appellant from erecting a gate across the right of way; appellees established all elements of a prescriptive easement; appellant’s argument regarding the gate is foreclosed by state law, Code § 33.2-110(A)
1478222 Christopher Patrick Carter v. Commonwealth of Virginia 12/28/2023
Judgment reversed, convictions vacated, and case remanded to allow appellant to withdraw his guilty pleas; trial court erred in denying appellant’s motion to suppress evidence as the general search of appellant’s pockets exceeded the scope of consent to a weapons search; considering totality of the facts and circumstances police lacked probable cause to search appellant’s vehicle
0222224 Telegraph Square II, A Condominium Unit Owners v. 7205 Telegraph Square, LLC 12/19/2023
Upon a Rehearing En Banc – the stay of this Court’s April 25, 2023 mandate is lifted and the judgment of the trial court remains affirmed
0868213 Arun Rashid Turay v. Commonwealth of Virginia 12/19/2023
Upon a Rehearing En Banc—judgment affirmed as trial court did not err in denying appellant’s motion to suppress; considering the totality of the circumstances, no error in holding Deputy Stroop possessed a reasonable, articulable suspicion of criminal activity to briefly detain appellant; no violation of appellant’s Fourth Amendment rights in the detention
1100221 Michael Brown v. Timothy L. Kirkpatrick 12/19/2023
Upon a Rehearing En Banc—judgment affirmed as trial court did not err entering an order marking appellant’s judgment against appellee satisfied; a carrier’s waiver of subrogation rights did not divest the carrier of that right; payment by the appellant’s carrier of uninsured motorist coverage is not subject to the collateral source doctrine, Code § 38.2-2206
1283222 Donald Rosson v. Erie Insurance Exchange 12/19/2023
Judgment affirmed as trial court did not abuse its discretion in refusing to grant appellant’s motion for leave to file responsive pleadings, motion to reconsider default judgment, motion to vacate, and motion to retain jurisdiction; the trial court possessed subject matter jurisdiction under Code § 8.01-184 and did not err entering default judgment, Rule 5A:18
1487222 Anne Filosa Creekmore v. Commonwealth of Virginia 12/19/2023
Trial court did not err convicting appellant, a licensed psychologist, for contributing to the delinquency of a minor; the evidence as a whole, including the advice and conduct of the appellant during therapy sessions, as well as the neglect of her statutory duty to report suspected abuse was sufficient for the court to conclude a violation of Code § 18.2-371
0971223 Mary Pat Martin v. Ryan S. Lafountain, Commissioner of Revenue for the City of Roanoke 12/12/2023
Trial court did not err in sustaining the demurrer to appellant’s petition for declaratory relief; appellant failed to allege sufficiently definite facts that provide a justiciable interest, a specific statutory right to relief, or an injury specific to her, Code §§ 8.01-184 to 184.1
1270211 Patrick Austin Carolino v. Commonwealth of Virginia 11/28/2023
Upon a Rehearing En Banc – judgment reversed and case remanded based on trial court’s error in admitting prior bad acts evidence in rebuttal solely to impeach the appellant’s credibility regarding issues raised by the Commonwealth on cross-examination; court declines to apply the “right for the wrong reason” doctrine; evidentiary error was not harmless
1692221 Donald Calway v. City of Chesapeake 11/28/2023
Judgment reversed and case remanded as the notice of a zoning violation was defective as it was insufficient to satisfy the requirements of Code § 15.2-2311(A) and renders this enforcement action void; the defective notice was not harmless
0903222 Qualik Nashawn Davis v. Commonwealth of Virginia 11/21/2023
Trial court did not err in ruling convictions for possession of a firearm by a convicted felon and concealment of a weapon by a convicted felon did not violate protection against double jeopardy as the facts sufficiently separated appellant’s actions into two distinct acts; evidence was sufficient to support all convictions; no abuse of discretion as to jury instruction
1012224 Graydon Manor, LLC v. Board of Supervisors of Loudoun County, Virginia 11/21/2023
Trial court did not err in considering and granting appellee’s motion to strike as the case was in a hybrid trial-appellate position and the court was acting within its authority, Code § 15.2-2314; no abuse of discretion in excluding certain expert testimony as irrelevant
0073233 Tara Ann Baez v. Commonwealth of Virginia 11/14/2023
Trial court did not abuse its discretion by admitting officer’s body-worn camera footage as appellant’s Confrontation Clause rights were not violated and the video was sufficiently authenticated; no abuse of discretion in admitting certificate of analysis as chain of custody requirements were met; evidence was sufficient to convict appellant of possessing cocaine
1363223 Anthony Tremaine Stewart v. Commonwealth of Virginia 11/08/2023
Trial court did not err in denying appellant’s motion to dismiss as its finding that appellant was competent to stand trial was not plainly wrong or without evidence to support it, Code §§ 19.2-169.1 through 19.2-169.3
8888881 Cases Appealed to Supreme Court of Virginia 11/08/2023
0104223 Debra K. Clutteur v. Nancy C. Rosier 10/31/2023
Trial court did not err by sustaining appellee’s plea-in-bar and dismissing appellant’s personal injury action with prejudice as appellant failed to amend her suit to timely substitute a personal representative for the appellee, Code § 8.01-229(B)(2)(b); no error in ruling the nonsuited action did not toll the statute of limitations, Code § 8.01-229(E)(3)
0748222 Marco Antonio Martinez Ayala v. Commonwealth of Virginia 10/31/2023
Trial court did not err in denying appellant’s motion to suppress his post-arrest statements to law enforcement where appellant provides no legal basis upon which to conclude his Miranda waiver was involuntary and record supports finding that appellant waived his rights voluntarily, knowingly, and intelligently
1088223 Tanya Rashae Holland v. Commonwealth of Virginia 10/24/2023
Judgment reversed where appellant made a prima facie showing of a reasonable defense to the charge against her, the original plea was made in good faith, the motion to withdraw the plea was not made in bad faith, and the Commonwealth failed to offset that showing with any undue prejudice; case remanded for further proceedings
1219224 Gloria Neal v. Secretary of the Department of Veterans Affairs 10/24/2023
Judgment reversed as the appellee was required to prove the validity of its title to prevail in the unlawful detainer action when appellant’s answer contested the title’s validity; the trial court erred in granting appellee’s motion for summary judgment and ordering a writ of possession as there was a genuine dispute of material facts
0620222 Thomas Edward Clark v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as evidence was sufficient to convict appellant of the charges against him; any error in admitting Agent D’errico’s report and testimony was harmless; no abuse of discretion in allowing the Commonwealth to amend the indictments; certain arguments related to a juror’s non-residency and misconduct barred by Rule 5A:18 and 5A:20
1079223 Mark O'Hara Wright v. Andrew C. Graves, Esq. 10/17/2023
Judgment reversed as trial court erred in sustaining appellee’s demurrer after concluding appellant, in his legal malpractice action against his criminal defense attorney, failed to plead that he was actually innocent of the offense of grand larceny from the person
0643222 Hugh Cameron Green v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as evidence was sufficient to sustain appellant’s convictions; trial court did not abuse its discretion in denying appellant’s motion to release the restricted dissemination materials to him
0676222 Jamal Kelvin Bailey v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as evidence was sufficient to sustain appellant’s convictions; trial court did not abuse its discretion in denying appellant’s motion to release the restricted dissemination materials to him
0980224 Kishna Shirese Minor, et al. v. Anne M. Heishman Commissioner of Accounts 10/10/2023
Trial court did not err in confirming the Commissioner of Account’s report as the commissioner’s hearing process complied with her statutory duties and authorities; commissioner remained a neutral arbiter; court correctly entered an order finding that Minor had violated her fiduciary duties and revoked her bond
1342223 Ernest L. Parrish v. Quinton B. Callahan, et al 10/03/2023
Judgment affirmed where trial court did not err by sustaining demurrer as to appellant’s claims for rescission under Code §§ 55.1-320 and -321 and finding that the foreclosure sale was final; appellant failed to plead sufficient grounds for equitable recission; any error committed by court in overruling part of a proposed written statement of facts is harmless
8888881 Cases Appealed to Supreme Court of Virginia 10/03/2023
0310222 Amazon Logistics, Inc. v. Virginia Employment Commission, et al. 09/26/2023
Trial court did not err in affirming the Commission’s decision as the evidence supports the determination that Diggs was an Amazon employee and the Virginia Employment Commission’s findings, including the individual control factor determinations, are conclusive and binding on this Court
1067212 Ronald Dean Northcraft v. Commonwealth of Virginia 09/26/2023
Trial court did not err in denying appellant’s motion to strike a juror for cause; no error by court in denying motions to strike the evidence of crimes for which appellant was charged; no error in refusing to instruct the jury on a good faith claim-of-right defense or a good faith reasonable reliance defense
1301223 Pamela Larsen Stack, et al. v. Sandra F. Larsen 09/26/2023
Trial court did not abuse its discretion in refusing to apportion the property; no abuse of discretion in providing for inspection of the property as specified in the order; no error in finding appellants are not entitled to charge appellee rent; no error in court’s interpretation of the will and finding that cell phone tower payments were to be made directly to appellee
0752221 John Randolph Hooper v. Commonwealth of Virginia 09/19/2023
Trial court did not err in finding evidence was sufficient to convict appellant of involuntary manslaughter under Code § 18.2-36.2 and felony hit and run under Code § 29.1-740 as there was credible evidence to support jury’s implicit finding that appellant was driving the boat when it collided with a bulkhead followed by the subsequent disappearance and death of the victim
1153222 Jeffrey Douglas Cheripka v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion by allowing victim to testify about alleged prior bad acts as the significant probative value outweighed its prejudicial effect, by admitting medical records that contained appellant’s statements about sexually assaulting a child as the statements were not testimonial, and by granting and reading a flight instruction to the jury
0212223 James Wenzel Forbes, et al. v. Jason W. Cantwell 09/12/2023
Judgment reversed in part as trial court erred in admitting parol evidence to describe the size of the easement, finding the deed contained a negative easement on Lot 7’s land, and failing to enjoin appellee from erecting fences within the 40-foot easement; no error in admitting parol evidence about scope of fencing and landscape easement or other rulings on fencing and gates
0904214 Dilliraj Bista v. Commonwealth of Virginia 09/12/2023
Upon a Rehearing En Banc – trial court did not err by admitting victim’s out-of-court statements under Code § 19.2-268.3 after she had been declared incompetent to testify at trial; admission of victim’s forensic interview video did not violate appellant’s Confrontation Clause right
0169222 Bryan Temple Smith v. Commonwealth of Virginia 09/05/2023
Trial court did not err in denying appellant’s motion to suppress evidence as the amendment to Code § 46.2-1003 was not retroactive; no abuse of discretion by court in admitting DMV transcript into evidence; no abuse of discretion in permitting a doctor’s expert testimony about the effects of alcohol on the body after excluding the certificate of analysis
0775224 Silfredo Castillo Canales v. Commonwealth of Virginia 09/05/2023
Trial court did not err in finding that appellant violated his probation (March 11, 2022 hearing); procedure the trial court employed did not violate its statutory authority to hold revocation proceedings under Code § 19.2-306; court did not sentence appellant in violation of Code § 19.2-306.1(C)
1037224 Silfredo Ant Castillo Canales v. Commonwealth of Virginia 09/05/2023
Judgment affirmed in part as to the finding that appellant violated his probation (May 13, 2022 hearing); procedure the trial court employed did not violate its statutory authority under Code § 19.2-306; judgment reversed in part and case remanded for re-sentencing as court erred in sentencing appellant as if there were more than two technical violations at issue
8888881 Cases Appealed to Supreme Court of Virginia 09/05/2023
0728222 City-to-City Auto Sales, LLC, et al. v. Ronald Harris 08/29/2023
Judgment affirmed as trial court did not abuse its discretion in refusing to set aside a default judgment and denying a motion to compel arbitration; no abuse of discretion in determining the jury verdict for compensatory damages was not excessive and accepting the jury verdict awarding punitive damages; argument regarding attorney fees barred by Rule 5A:18
0652222 Darren Thornton, s/k/a Darren Lamar Thornton v. Commonwealth of Virginia 08/22/2023
Trial court did not err when it found sufficient evidence to convict appellant of soliciting prostitution from a minor as the totality of the facts and circumstances could lead a rational fact-finder to conclude that appellant’s drive to the arranged meeting place was a substantial act in furtherance of his offer of money for sex, Code § 18.2-346
1195224 Prasad Salunkhe, et al. v. Christopher Customs, LLC, et al. 08/22/2023
Trial court did not err in ruling that Code § 15.2-2265 requires approved plats to explicitly indicate when easements are for public right of passage; no error in holding that the easements referenced on the subdivision plat were not for public right of passage
0860214 Brian Kuang-Ming Welsh v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to dismiss based on a speedy trial violation; no abuse of discretion in denying motion to exclude expert on firearm identification and limiting cross-examination of the expert; any error in excluding testimony by appellant’s expert was harmless; evidence was sufficient to convict appellant of charges
0973222 Virginia Alcoholic Beverage Control Authority v. Zero Links Markets, Inc. t/a VinoShipper.com 08/15/2023
Judgment reversed as the plain language of the separate-license requirement in Code § 4.1-203(A), and the broader statutory context in which that requirement operates, requires appellee to obtain a license for each of the locations from which wine is shipped into Virginia at the appellee’s direction
1115222 Navy Federal Credit Union v. Delores B. Lentz 08/15/2023
Judgment reversed as trial court erred by overruling appellant’s demurrer and partially denying its motion for summary judgment; the Banking Secrecy Act does not create a private cause of action; Code § 63.2-1606 does not create a duty owed by appellant to appellee; UCC preempts other Virginia statutory or common law duties with respect to wire transfers
0120224 Eric Lisann v. Elizabeth Lisann 08/08/2023
Trial court did not err in finding the parties’ separation date was July 14, 2014 and relying on that separation date when making its equitable distribution award, Code § 20-91(A)(9)
0672222 Tadashi D. Guest v. Commonwealth of Virginia 08/08/2023
Trial court did not err in accepting appellant’s guilty plea and convicting and sentencing him under the felony enhancement of Code § 18.2-104 as the crime occurred prior to July 1, 2021 and the repeal of the statute; no abuse of discretion in sentencing appellant to an active sentence of one year and six months
0754224 David Willems, et al. v. James Batcheller, et al. 08/08/2023
Judgment reversed as trial court lacked jurisdiction to declare a new boundary line where appellees failed to file a cross-claim and pray for such relief; no error by trial court as to its nuisance ruling regarding appellees’ bamboo; no error in holding that statute of limitations did not bar appellants’ claims; appellees have waived laches argument
1100221 Michael Brown v. Timothy L. Kirkpatrick 08/08/2023
Petition for rehearing en banc granted
1275224 Jason Lamont Burford v. Commonwealth of Virginia 08/08/2023
Trial court did not err, abuse its discretion, nor arbitrarily determine that appellant violated a condition of his suspended sentences; no error in finding appellant committed a non-technical violation under Code § 19.2-306.1(A); no abuse of discretion in imposing an active sentence of six months in jail for the violation
0427222 Patrick Daytione Taylor v. Commonwealth of Virginia 08/01/2023
Trial court erred by convicting appellant of carrying a “semi-automatic center-fire” pistol with an extended magazine on a public street where Commonwealth failed to prove appellant’s pistol was “center-fire” as required by Code § 18.2-287.4; judgment reversed and conviction vacated
0485224 Jonathan Brenton Griffin v. Commonwealth of Virginia 08/01/2023
Trial court did not err by denying appellant’s pre-trial motion to dismiss; no error in denying appellant’s Batson challenge; no abuse of discretion in refusing to admit evidence concerning victim’s character; no abuse of discretion in refusing proffered Jury Instructions I and L; no error in finding sufficient evidence to convict appellant of assault and battery
0727224 Maeng Jong Choi v. Young Ae Choi 08/01/2023
Appeal dismissed where this Court lacks subject matter jurisdiction to adjudicate interlocutory orders in domestic relations cases
1173224 LKQ Corporation and CCMSI v. Joseph Galarreta Morales 08/01/2023
No error in Commission’s finding that appellant failed to prove claimant is no longer totally disabled and rejection of appellant’s claim that it merely offered claimant a vocational assessment
0288222 Timothy Miles, s/k/a Timothy L. Miles v. Commonwealth of Virginia 07/25/2023
Judgment affirmed as appellant’s argument that the court improperly instructed the jury is barred by Rule 5A:18; no error in convicting appellant of six counts of discharging a weapon in an occupied building as the term “occupied” in Code § 18.2-279 refers to the physical presence of any individual in the building when a firearm is discharged
1218223 Jesse Ryan Hackett, s/k/a Jessi Ryan Hackett v. Commonwealth of Virginia 07/25/2023
Judgment reversed as Code § 18.2-460(E) was not applicable where the officer got no closer than 20 yards from the appellant and therefore did not have the “immediate physical ability” to arrest appellant before he fled; trial court erred by denying appellant’s motion to strike
0464222 Nigel Elliot Walker v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion by denying appellant’s request to modify his conditional release plan under Code §§ 19.2-182.7 and -182.11 to allow him to live independently
0973214 Katie Orndoff v. Commonwealth of Virginia 07/11/2023
Upon a Petition for Rehearing En Banc – petition for rehearing en banc granted
1180221 Blue Pearl Veterinary Partners, LLC, et al v. Kristine Anderson 07/11/2023
Trial court did not err, in an action to recover damages negligently inflicted upon a dog, in denying appellant’s motion in limine to exclude evidence of veterinary expenses to the extent they exceeded the dog’s fair market value
0744224 Renee Michelle Parady v. Commonwealth of Virginia 07/05/2023
Judgment reversed as probable cause that an individual has contraband, without more, meets the standard for obtaining a warrant, not searching the individual without one; the record the Commonwealth developed in the trial court is insufficient to allow application of the “right result, wrong reason” doctrine; the good-faith exception to the exclusionary rule does not apply
1100221 Michael Brown v. Timothy L. Kirkpatrick 07/05/2023
Judgment reversed where the trial court erred by granting appellee’s motion to mark the judgment as paid and satisfied; appellee’s judgment debt has neither been paid off nor discharged, thus he was not entitled to relief under Code § 8.01-455 and the case is remanded for further proceedings
8888881 Cases Appealed to Supreme Court of Virginia 07/05/2023
0490223 Richard Alan Swezey v. Commonwealth of Virginia 06/13/2023
Judgment affirmed as appellant’s detention of the victim was not incidental to the assault and brandishing offenses and the court did not err in finding sufficient evidence to convict him of abduction; argument that court violated appellant’s right to due process by penalizing him for electing to be tried by a jury is barred by Rule 5A:18
0618222 Commonwealth of Virginia v. Hannah Fatima Muwahhid 06/13/2023
Trial court did not err in rejecting appellant’s interpretation of a portion of Code § 8.01-195.3 referred to as the “private-person clause;” no error in court’s conclusion that the legislative-function exception does not bar appellee’s negligence claim brought under the Virginia Tort Claims Act, Code §§ 8.01-195.1 through 195.9
1438223 CSE, Inc. v. Kibby Welding, LLC and Tabitha Kibby 06/13/2023
Trial court erred as a matter of law in finding Tabitha Kibby’s guaranty to be unenforceable and in failing to enter judgment on the guaranty in favor of appellant
0222224 Telegraph Square II, A Condominium Unit Owners v. 7205 Telegraph Square, LLC 06/06/2023
Petition for Rehearing En Banc granted
0284222 Mamodoh Abouemara v. Commonwealth of Virginia 06/06/2023
Trial court did not err in finding sufficient evidence to convict appellant of bribery when he offered to pay the town council $500 a month in exchange for the council’s letter of support for his gaming machines, Code § 18.2-447
0397221 Colton Allen King v. Commonwealth of Virginia 06/06/2023
Trial court did not err in finding appellant’s due process rights were not violated when he assumed a Pennsylvania probation officer’s advice about gun possession in Pennsylvania would apply to gun possession in Virginia; no abuse of discretion when court sustained an objection to a portion of the closing argument by defense counsel
0973214 Katie Orndoff v. Commonwealth of Virginia 06/06/2023
Judgment reversed where trial court impermissibly exercised the power of summary contempt, Code § 18.2-456, in violation of appellant’s rights to notice of the contempt charge, a fair hearing, and representation by counsel, as all the essential elements of the alleged contemptible conduct did not occur in the presence of the trial court
8888881 Cases Appealed to Supreme Court of Virginia 06/06/2023
0505214 Teresa Mary Maust v. Commonwealth of Virginia 05/30/2023
Upon a Rehearing En Banc – judgment affirmed where evidence against appellant included a search of the buyer before and after a controlled buy, his receipt of the drugs from appellant, an audio recording of the exchange of money between buyer and appellant, the buy money found in appellant’s safe, and items indicative of drug distribution in appellant’s home, Code § 18.2-248
0545223 Marquay Christopher Alston, s/k/a Marquay Christopher Lee Alston v. Commonwealth of Virginia 05/23/2023
Trial court did not err in finding evidence was sufficient to convict appellant of aggravated malicious wounding, Code § 18.2-51.2, where appellant punched the victim with such force to cause the loss of one tooth and damage five teeth that had to be pulled; evidence also sufficient to convict appellant of discharging a firearm from a vehicle, Code § 18.2-286.1
0588223 Dale A. Happe v. Kathryn Zimmerman 05/23/2023
Trial court did not err in considering the conduct underlying the initial protective order when granting appellee’s motion to extend the protective order, Code § 19.2-152.10(B); evidence was sufficient for court to extend the protective order; no error in court’s extension of the protective order to March 7, 2024
0598222 Commonwealth of Virginia, Department of Taxation v. 1887 Holdings, Inc. etc. 05/23/2023
Trial court did not err in granting summary judgment as the option to elect the manufacturer’s apportionment method is not limited to original tax returns, Code §§ 58.1-422 and 58.1-1823
0440222 Sidney Jordan Brandon, III v. Laurie Coffey 05/16/2023
Trial court did not err in an initial custody determination by awarding primary physical custody of the child to a parent who already lived out of state as its “best interests of the child” analysis already encompassed a relocation of the child from Virginia to New York
0065222 Jennifer M. Payne v. David Ray Payne 05/09/2023
Trial court did not abuse its discretion in granting husband a divorce based on appellant’s abandonment of the marriage, Code § 20-91(A)(6); no abuse of discretion in court’s decision not to award appellant spousal support, Code § 20-107.1, or in court’s finding that husband is entitled to a credit in amount paid toward mortgage and line of credit for specified time period
0477222 Calvin Wayne Thomas v. Commonwealth of Virginia 05/09/2023
Judgment affirmed in part where trial court classified appellant’s use of alcohol as non-technical; judgment reversed in part where trial court erred by finding appellant’s use of marijuana also permitted revocation and imposition of suspended time; case remanded to reconsider how much active time, if any, to impose for the probation violation, Code § 19.2-306.1
0776224 Nancy C. Veldhuis, as Trustee, etc. v. Tarek C. Abboushi and Kye S. Abboushi 05/09/2023
Trial court did not err in finding all elements of the appellees’ adverse possession claim had been met as the permissive use by another of the disputed area did not defeat appellees’ exclusive use of that area
1043202 Melinda Newnam Mills v. Robert Alexander Mills 05/09/2023
Judgment affirmed in part as to trial court’s authority to enforce a modification to the PSA and the declaratory judgment decision; judgment reversed in part due to court’s failure to determine amount appellant must reimburse wife for special commissioners’ costs and amount of commission due
1194212 Jordan Darrell Morris v. Commonwealth of Virginia 05/09/2023
Upon a Rehearing En Banc – Judgment affirmed as appellant failed to meet the independent requirement in Code § 18.2-251.03(B)(2) that he “remain[] at the scene of the overdose or at any alternative location to which he . . . has been transported until a law-enforcement officer responds to the report of an overdose”
0421222 Tiziano M. Scarabelli, M.D. v. Kenneth Ellenbogen, M.D., et al. 05/02/2023
Trial court did not err in permitting a fraudulent inducement counterclaim to go to the jury as the source of duty rule, voluntary payment doctrine, Virginia Wage Payment Act, and Gasque doctrine did not preclude such a claim; no error in refusing to set aside the jury’s verdict
0497222 John E. Nestler, M.D., et al. v. Tiziano Scarabelli, M.D., et al. 05/02/2023
Judgment affirmed in part as the trial court did not abuse its discretion in denying Dr. Call’s motion for sanctions; judgment reversed in part as to Dr. Nestler’s motion for sanctions where some of the alleged defamatory statements were undeniably true and none of the statements carried the requisite defamatory “sting”
0555221 Eleanor A. Hunter, Individually and as a Trustee, etc. v. Charles M. Hunter, Jr. 05/02/2023
Trial court did not err in adjudicating the declaratory judgment requested in Count I of appellant’s complaint; no error in declaring that Counts II and III of the complaint, as framed, do not violate the no-contest provision at issue
1225221 Margaret Williams v. Pamela Legere, et al. 05/02/2023
Judgment reversed as the witness circulator residency requirement in Code § 24.2-684.1(5) significantly burdens political speech protected under the First Amendment and the restriction warrants strict scrutiny; the controversy is capable of repetition and an exception to the mootness doctrine applies; case remanded for court to apply the appropriate constitutional analysis
1351212 Keith Elwood Hargrove v. Commonwealth of Virginia 05/02/2023
Trial court did not abuse its discretion in permitting a joint trial of appellant and co-defendant; no abuse of discretion in admitting a sentencing order that reflected appellant’s convictions for possession of a firearm by a felon and two drug offenses and in limiting a witness’ testimony; evidence was sufficient for jury to convict appellant of the various offenses
0222224 Telegraph Square II, A Condominium Unit Owners v. 7205 Telegraph Square, LLC 04/25/2023
Trial court did not err in finding appellant’s 2015 parking re-allocation impermissibly converted common elements into limited common elements and failed to comply with county zoning ordinance; lost rent damages were foreseeable and proximately caused by the parking re-allocation; no mitigation defense was presented to trial court
0573221 Susan Marie Focke, f/k/a Susan Marie Spearman v. Commonwealth of Virginia 04/25/2023
Judgment reversed as the trial court did have subject-matter jurisdiction to adjudicate appellant’s petition to restore firearm rights lost due to a felony conviction in a federal court located in Virginia, Code § 18.2-308.2(C); case remanded for denial of the petition on the merits as the court is unable to remove the disability resulting from the federal felony conviction
0459224 Shiye Qiu v. Chaoyu Huang, Anna Ouspenskaya and Arlene Starace 04/18/2023
Trial court did not err by sustaining appellees’ joint demurrer and dismissing appellant’s claims of tortious interference with parental rights and civil conspiracy against the three appellees, as well as his claim of fraud against one of the appellees; no abuse of discretion by court in staying the proceedings, including discovery, prior to ruling on the demurrer
0629222 Marcus C. Holman, s/k/a Marcus Cleophus Holman v. Commonwealth of Virginia 04/18/2023
Judgment affirmed in part as there was sufficient evidence to find appellant guilty of unlawful wounding; judgment reversed in part and firearm conviction vacated as there was no evidence of malice as required by Code § 18.2-53.1; ends of justice exception applies and is not barred by the approbate/reprobate doctrine
1079212 Michael Melvin Fary v. Commonwealth of Virginia 04/18/2023
Upon a Rehearing En Banc – Trial court did not err in finding sufficient evidence that appellant harbored the specific intent necessary under Code §§ 18.2-26 and 18.2-51 and convicting him of seven counts of attempted malicious wounding after he twice drove his boat into another boat occupied by seven passengers
0398221 Jose Guadalupe Vera, Jr. v. Commonwealth of Virginia 04/11/2023
Trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute a schedule III substance as there was ample evidence that appellant had induced others to consume GHB and he failed to prove that his actions constituted an accommodation, Code § 18.2-248(E3); no abuse of discretion in admitting evidence of prior bad acts
0453224 Clifton Haley Harper, Jr. v. Commonwealth of Virginia 04/11/2023
Trial court did not err in finding sufficient evidence that K.M.’s bond hearing testimony was materially false pursuant to Code § 18.2-434; no error in finding sufficient evidence that appellant’s statements induced K.M. to testify falsely pursuant to Code § 18.2-436; argument that court erred in convicting appellant of failure to appear is barred by Rule 5A:18
1359212 Travis Alexander Bland Henderson, s/k/a Travis Alexander Bland-Henderson v. Commonwealth of Virginia 04/11/2023
Trial court did not err in interpreting Code § 19.2-295(A) to require an appellant to request jury sentencing at least 30 days before trial; no error in court’s rejection of appellant’s argument that he should be permitted to inform the jury that he faced a five-year mandatory-minimum sentence if convicted; evidence sufficient to convict appellant of knowingly possessing the firearm
0502224 Edgar Alexander Diaz-Urrutia v. Commonwealth of Virginia 04/04/2023
Trial court did not err in imposing two years of active incarceration for appellant’s violation of the no-contact condition of his suspended sentence, Code § 19.2-306.1
0616222 PharmaCann Virginia, LLC v. Virginia Board of Pharmacy 04/04/2023
Trial court did not err in finding regulations allow Board of Pharmacy to revoke a conditional approval and Board did not abuse its discretion in revoking conditional approval and denying appellant a processing permit and in treating appellant differently from other applicants with conditional approval; adequate procedural due process was provided by Board
0920224 Abu Jalloh v. S. W. Rodgers and Arch Insurance Company 04/04/2023
Commission’s decision that employer satisfied its obligation under Code § 65.2-603 by making a good faith effort to provide a panel of physicians to appellant and therefore he was not authorized to choose his own physician is reversed and matter remanded for evaluation of the medical evidence of appellant’s period of disability
0433222 William Ezell Taylor v. Commonwealth of Virginia 03/28/2023
Trial court did not err in finding appellant guilty of three counts of shooting into an occupied building, Code § 18.2-279, when he fired each shot in the same location at the same target; two of the malicious shooting convictions are not subsumed by the involuntary manslaughter conviction; no error in refusing to give a proffered supplemental jury instruction
0584222 Keefe Butler v. Martha Ann Thomas Stegmaier, et al. 03/28/2023
Judgment affirmed where denial of motion to strike expert testimony was proper as it was not timely made; no error in permitting questions to appellant about “live in” girlfriends; any error in striking evidence as to Bank of America accounts was harmless, Code § 8.01-678; no error in court’s failure to recognize proposed exception to the enforcement of the no contest clause
0631223 Edward Brian Evans v. Truist Bank, f/k/a Branching Banking & Trust Company 03/28/2023
Trial court did not err in applying a six year statute of limitations in the case, Code § 8.3A-118; trial court did not err when it determined the date the cause of action accrued; trial court did not err in calculating how long the statute of limitations was tolled
1040211 Taylor Amil Wallace v. Commonwealth of Virginia 03/28/2023
Petition for Rehearing En Banc granted
0182223 Shonda Danniell Lynn Reedy, s/k/a Shonda Daniell Lynn Reedy v. Commonwealth of Virginia 03/21/2023
Trial court did not err in finding appellant’s constitutional right to a speedy trial was not violated after considering the four-part test set out in Barker v. Wingo; any presumptive prejudice as a result of the Commonwealth’s negligence in arresting appellant was overcome by the specific facts in this case and appellant failed to establish actual prejudice
0327221 John F. Glynn and Kevin J. Glynn v. Vita Kenney, Executrix of the Estate of Patricia Lynch-Carbaugh 03/21/2023
Trial court did not err in ruling the clear and convincing standard does not apply to the fate of a will and there is no per se rule requiring a proponent of a missing will to offer only one theory regarding its fate; credible evidence in the record supported court’s conclusion that the proponent provided clear and convincing evidence that decedent did not revoke her will by destruction
1006211 Jaron Devontae Nottingham v. Commonwealth of Virginia 03/21/2023
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentences in their entirety as the court complied with the specific provisions of Code § 19.2-306.1 in imposing its sentence
0195214 Bradford T. Cellucci v. Commonwealth of Virginia 03/14/2023
Upon a Rehearing En Banc – trial court did not abuse its discretion when it denied appellant’s motion to modify his sentence pursuant to Code § 19.2-203, as the sentence imposed was within the permitted statutory range and the court did not make any factual or legal errors in denying the motion
0391221 United Services Automobile Association v. Bruce A. Estep 03/14/2023
Trial court did not err in entering judgment for appellee when it found that loading luggage into the trunk of a car is an expected use of a vehicle, loading a vehicle for an imminent departure is not “wholly independent” of the transportation function or use of the car as a car, and appellee was occupying the vehicle during the injury
1257223 Robert Lee Jeffrey, Jr., v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion in denying appellant’s motion for bail pursuant to Code § 19.2-319, after considering his circumstances, including whether he was a danger to the public, his 3 felony convictions, and the nature of his crime; it was appropriate for trial court to consider appellant’s likelihood of success on appeal in its assessment
0139222 Nickolas G. Spanos v. Shannon L. Taylor 03/07/2023
Trial court did not err in finding Code § 54.1-3915 did not confer subject-matter jurisdiction allowing it to adjudicate appellant’s complaint; court’s ruling does not violate the Rules of the Supreme Court of Virginia and those rules do not provide mandatory jurisdiction to circuit courts to disbar attorneys; court’s ruling was not arbitrary or capricious
0294222 KSS One, LLC v. Henrico County, Virginia, Board of Supervisors of Henrico County, et al. 03/07/2023
Trial court did not err in sustaining demurrer to appellant’s procedural due process claim where sufficient facts were not alleged to overcome the presumption that public officials act correctly and absent a showing of bias or improper conduct; no error in sustaining demurrer to claim of deprivation of a vested right, Code § 15.2-2307
0309223 Katherine Louise Carter, et al. v. Wake Forest University Baptist Medical Center, et al 03/07/2023
Trial court did not err in granting a motion to dismiss certain defendants as appellant failed to meet her burden in establishing that personal jurisdiction exists under Virginia’s long-arm statute, Code § 8.01-328.1, and the exercise of such jurisdiction does not offend the Due Process Clause of the Fourteenth Amendment
0533221 Shaquawn Demonte Warren v. Commonwealth of Virginia 03/07/2023
Trial court did not abuse its discretion in striking a juror for cause whose testimony was equivocal as to whether his rights had been restored, Code § 8.01-338; no abuse of discretion in court’s grant of Commonwealth’s motion in limine objecting to appellant’s presentation of evidence to establish a necessity defense to the DUI charge
8888881 Cases Appealed to Supreme Court of Virginia 03/07/2023
0226224 Akeem Alee Calokoh v. Commonwealth of Virginia 02/28/2023
Trial court did not err in denying proffered jury instructions I, J, and K, granting instructions 19 and 20, and answering jury’s question, as Code § 19.2-271.6 did not create an affirmative defense or alter the elements of the crimes; no error in court’s refusal to admit school records into evidence
0513222 The Manors LLC and Darrick Harris v. Board of Supervisors of Albemarle County 02/28/2023
Trial court did not err in interpreting homestay ordinance to allow consideration of the character of the neighborhood as a component of the public welfare; homestay ordinance is constitutional; the decision of the County Board of Supervisors was supported by the evidence and at least “fairly debatable”
1040211 Taylor Amil Wallace v. Commonwealth of Virginia 02/28/2023
Judgment reversed in part as there was insufficient evidence to convict appellant of computer fraud, Code § 18.2-152.3, for using an ATM “without authority;” judgment affirmed in part as to her convictions for uttering forged checks, obtaining money by false pretenses, and failure to appear in court
0837212 Quincy Dione Baskerville, s/k/a Quincy Dionne Baskerville v. Commonwealth of Virginia 02/21/2023
Trial court erred when it denied appellant’s motion to suppress evidence as no exigent circumstances justified the officers’ warrantless entry into appellant’s house; police misconduct triggered the exclusionary rule; neither the independent source nor attenuation exceptions to the exclusionary rule apply; drugs found on appellant should have been suppressed; case remanded
0133224 Theodore Theologis v. Mark Weiler, et al. 02/14/2023
Judgment affirmed as the defamation claims against all defendants lacked sufficient “sting” to harm appellant’s reputation; appellant failed to state a claim for business conspiracy as it hinged upon the defamation as the predicate tort; argument that trial court erred by failing to allow appellant leave to amend his complaint barred by Rule 5A:18
1416214 Osman Osman v. Commonwealth of Virginia 02/14/2023
Upon Rehearing - Judgment reversed in part and felony conviction for abduction of J.O. is vacated because the act is punishable as contempt of court and a prosecution under Code § 18.2-47 is restricted to a Class 1 misdemeanor; no error in denial of motion to dismiss charges for violation of speedy trial rights
0187224 Karey Burkholder and Douglas Thompson, Jr. v. Palisades Park Owners Association, Inc. 02/07/2023
Judgment reversed because the HOA’s declaration does not expressly authorize assessments for lot-compliance inspections, Code § 55.1-1805; case remanded for a determination of the appropriate remedy and an award of reasonable attorney fees and costs to the appellants pursuant to Code § 55.1-1828
0302222 Michael A. Dobson v. Commonwealth of Virginia 02/07/2023
Trial court did not err in denying appellant’s motion to set aside or modify his 1998 sentences for various felonies for lack of jurisdiction, Rule 1:1; Code § 19.2-303 does not act to extend the trial court’s jurisdiction in this matter; Code § 19.2-303.1 does not apply in this case as the motion to reduce sentence was not filed by the attorney for the Commonwealth
0565224 Aundrey Hubbard v. Scott H. Jenkins; In his official capacity as Sheriff of Culpeper County, VA. 02/07/2023
Trial court did not err in sustaining the demurrer as appellant was not an intended third-party beneficiary under the contract
8888881 Cases Appealed to Supreme Court of Virginia 02/07/2023
0098221 Regginald Moore and Valerie Moore v. Dominique Joe 01/24/2023
Judgment affirmed where any error in excluding the de bene esse deposition of a licensed clinical psychologist was harmless; no error in trial court’s denial of the motion to strike because the evidence showed no actual harm to the child
0342222 Stephen Moncrieffe v. Adam J. Deno, d/b/a Law Office of Adam Deno 01/24/2023
Judgment affirmed as there was sufficient evidence that the contingency fee was reasonable; argument related to appellee’s noncompliance with the procedural requirements of Rule 1.5(c) barred by Rule 5A:20; appellant’s remaining contract defenses lack merit; no error as to the award of interest; appellee’s cross-error related to interest barred by Rule 5A:18
0343223 Daniel Rock v. Commonwealth of Virginia 01/24/2023
Trial court did not err in granting Commonwealth’s motion to exclude mention of possible sentences to the jury where appellant never requested jury sentencing, Code § 19.2-262.01; there was sufficient evidence to convict appellant of the charges against him
0723212 Justin Andrew Harvey v. Commonwealth of Virginia 01/24/2023
Judgment affirmed as trial court did not err in denying motion to strike a juror; argument regarding prosecutor’s rebuttal closing argument barred; no error in court’s denial of motion to suppress; no abuse of discretion in admitting jail phone call or admitting other crimes evidence; any error regarding certain DNA evidence was harmless
0046222 CB & PB Enterprises, LLC, et al v. Bryant McCants 01/17/2023
Trial court erred by denying appellants’ motion for judgment notwithstanding the verdict as to a conversion claim filed by the owner after appellants applied to DMV to have a vehicle declared abandoned under the Virginia Abandoned Vehicle Act, Code §§ 46.2-1200 through -1207
1407211 Roy Quionne Artis v. Commonwealth of Virginia 01/17/2023
Judgment affirmed in part because the repeal of Code § 18.2-250.1 contained no express language stating prosecutions still pending under the statute would be abated and appellant’s conviction is not void ab initio pursuant to Code § 1-239; judgment reversed as to the imposition of an enhanced sentence and remanded for resentencing
0277221 Jody Bart Randolph v. Kerry Ann Sheehy 01/10/2023
Judgment reversed and vacated in part where trial court lacked the authority to order appellant to revoke the Combat Related Special Compensation election after his retirement from the military; portion of judgment related to attorney’s fee is remanded for reconsideration
0328221 Emily Katherine Delaune v. Commonwealth of Virginia 01/10/2023
Judgment reversed and remanded where trial court concluded appellant’s failure to remain “drug free” was not a technical violation of probation pursuant to Code § 19.2-306.1 and exceeded the maximum sentence of 14 days active incarceration it could impose
0450222 Aleksey Gennadiyev Yemel'yanov v. Commonwealth of Virginia 01/10/2023
Trial court did not err in finding that appellant’s second conviction for driving under the influence was a final judgment, even though it was pending on appeal, and could be used as a predicate conviction to convict appellant of felony DUI and enhance his punishment, Code §§ 18.2-270 and 18.2-270(C)(1); order suspending execution of sentence did not affect finality
0626224 Pine Hill Group, LLC v. Nass Group, LLC 01/10/2023
Trial court did not abuse its discretion where it struck appellant’s answer and entered a default judgment on liability as a discovery sanction for violating a court order compelling discovery, Rule 4:12
0904214 Dilliraj Bista v. Commonwealth of Virginia 01/10/2023
Upon a Petition for Rehearing En Banc – petition for rehearing en banc granted
8888881 Cases Appealed to Supreme Court of Virginia 01/10/2023
0072224 Richard S. Pergolizzi, Jr., M.D. v. Ramona Bowman 12/29/2022
Trial court erred in admitting appellee’s experts’ testimony suggesting a physician has a duty to inform a patient that the physician may have misdiagnosed the patient and failed to offer treatment options that would only be appropriate had the physician reached a different diagnosis
0024222 Jill Ruderman v. Kathy Pritchard 12/20/2022
Trial court erred in permitting appellee to file an amended complaint increasing her ad damnum beyond the jurisdiction limit of the district court where the trial court acquired jurisdiction over the detinue claim as a de novo appeal and its jurisdiction was derivative of the district court’s subject matter jurisdiction
0474224 Mintbrook Developers, LLC., v. Groundscapes, LLC and Forest Gold, LLC 12/20/2022
Trial court did not err in requiring appellant to indemnify Forest Gold for the moneys paid to complete the road work after appellant breached its obligation to perform those improvements
0499224 Forest Gold, LLC, Grace Lim and James Lim v. Mintbrook Developers, LLC 12/20/2022
Trial court erred in denying attorney fees under the indemnification provision of the Development Agreement
1098211 William Gary Shahan v. Commonwealth of Virginia 12/13/2022
Trial court did not err in concluding the evidence was sufficient to support appellant’s convictions; no abuse of discretion by trial court in excluding evidence of a civil lawsuit
1346214 Arastoo Yazdani v. Soraya Sazegar 12/13/2022
Judgment affirmed where appellant did not clearly and unambiguously waive his right to appeal the issue of attorney fees; the trial court’s award of attorney fees to wife was reasonable; argument that the timing of wife’s retention of counsel made the attorney fee award improper is barred by Rule 5A:18
0434222 Virginia Retirement System v. Joan S. Shelton 12/06/2022
Judgment reversed where trial court ordered VRS to pay appellant a monthly survivor benefit even though VRS did not commit an error of law under Code § 2.2-4027; court’s award of attorney fees and costs is vacated; argument that trial court misapplied the substantial evidence standard barred by Rule 5A:18
0833212 Eric Marvin Laney v. Commonwealth of Virginia 12/06/2022
Judgment affirmed as to trial court’s consideration of victim impact evidence at sentencing; argument that consideration of the victim impact evidence violated appellant’s due process rights barred by Rule 5A:18; no error in court’s rejection of an accommodation disposition under Code § 18.2-248(D); sentence imposed was not unreasonably high or arbitrary
0904214 Dilliraj Bista v. Commonwealth of Virginia 12/06/2022
Judgment affirmed where trial court properly construed and applied Code § 19.2-268.3 as to admissibility of child’s out-of-court statements; admission of child’s forensic interview statements affirmed and any error was harmless; no abuse of discretion in denial of appellant’s proffered jury instructions; any error restricting closing argument was harmless
8888881 Cases Appealed to Supreme Court of Virginia 12/06/2022
0136223 Wintergreen Homestead, LLC. et al. v. Bettie W. Pennington, et al. 11/29/2022
Trial court did not err in interpreting Code § 57-27.1 to apply only to landowners on whose land a cemetery or graves are located and declining to grant the declaratory and injunctive relief sought by appellants
0225224 Todd Lynn Lewis v. Commonwealth of Virginia 11/29/2022
Judgment affirmed in part as to the rulings denying appellant’s motions to strike the evidence of possession of methamphetamine; judgment reversed as to the sentencing of appellant pursuant to Code § 18.2-248(C)(4) due to Commonwealth’s failure to prove appellant possessed the requisite drug weight to enhance the penalty
0420223 George English v. Thomas William Quinn 11/29/2022
Trial court erred in dismissing appellant’s personal injury complaint as the Supreme Court of Virginia’s Emergency Orders tolled all statutes of limitations from March 16, 2020 through July 19, 2020
0163223 Brian Craig Henthorne, s/k/a Brian Henthorn 11/22/2022
Trial court erred as to the sentence imposed for a first technical violation of appellant’s probation, Code § 19.2-306.1(A)(iii)
0250223 Priscilla Ann Holmes v. Commonwealth of Virginia 11/22/2022
Judgment affirmed in part as to trial court’s rejection of jury instruction Q and two paragraphs of jury instruction I; trial court did commit error in rejecting jury instruction T, requiring reversal and remand for a new trial
0251223 Priscilla Ann Holmes v. Commonwealth of Virginia 11/22/2022
Judgment affirmed in part as to trial court’s rejection of jury instruction Q and two paragraphs of jury instruction I; trial court did commit error in rejecting jury instruction T, requiring reversal and remand for a new trial
1197213 Peter Timothy Gionis v. Commonwealth of Virginia 11/22/2022
Trial court did not err in applying the law in existence at the time appellant committed the offense and when the criminal proceedings against him began, Code § 18.2-104 (repealed effective July 1, 2021); Ruplenas v. Commonwealth was binding on the trial court and it did not err in applying it to this case
1381212 Patrick Edward Cornell v. Commonwealth of Virginia 11/22/2022
Judgment affirmed as there was sufficient evidence under Code § 18.2-67.3(A)(1); no abuse of discretion regarding continuance; argument about victim’s testimony barred by Rule 5A:18; “partial” Anders brief is not permitted, assignments of error raised pursuant to Anders are not considered, and counsel’s motion to withdraw as to those assignments of error is denied
1416214 Osman Osman v. Commonwealth of Virginia 11/22/2022
Upon a Petition for Rehearing – panel rehearing granted
0027223 Michael Charles Hogle v. Commonwealth of Virginia 11/15/2022
Judgment affirmed where there was no error in trial court’s denial of appellant’s motion to suppress the evidence obtained as the result of a stop of his vehicle in 2019; arguments as to the sufficiency of the evidence and the legal standard used to determine his guilt barred by Rule 5A:18
0029221 William Adam Boyd v. Constance Weisberg 11/15/2022
Judgment affirmed where trial court did not err in awarding attorney fees against appellant; arguments that trial court erred in denying appellant’s motion for judgment notwithstanding the verdict and in entering a final order consistent with the jury’s verdict waived as he expressly agreed to the jury instructions and verdict form and failed to timely object to both
0736223 Jordan Heath Joyce v. Botetourt County Department of Social Services 11/09/2022
Trial court erred in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) where the appellee provided no plan or services to help appellant parent his child
0810213 David Brandon Cannaday v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding appellant failed to meet his burdens of proof and persuasion as it applied to his ability to qualify for the safety valve provision of Code § 18.2-248(H)(5)
0034224 Dakshay Patel, et al. v. Jonathan I. Rabinowitz ex rel. Lakhani Associates, LLC, et al. 11/01/2022
Trial court erred in failing to quash a subpoena duces tecum on third parties in Virginia when the judgment creditor could not show those parties held property or assets belonging to the judgment debtor, Code §§ 8.01-412.8, -412.15, and 8.01-506.1
0363224 Medical Management Intl. and Travelers Indemnity Company of America v. Pamela Jeffry 11/01/2022
Award affirmed as there is no statutory basis for imposing a notice requirement on the claimant in order to compensate her for transportation costs incurred to travel to her medical appointments
8888881 Cases Appealed to Supreme Court of Virginia 11/01/2022
1416214 Osman Osman v. Commonwealth of Virginia 10/25/2022
Trial court did not abuse its discretion in allowing evidence of appellant’s prior bad acts and other crimes at trial, did not violate appellant’s statutory and constitutional rights to a speedy trial, and did not err in denying motion to strike charge of abducting wife; court did err in denying appellant’s motion to strike the felony abduction charge of J.O., Code § 18.2-47
0508212 Andrew Joseph Haefele v. Commonwealth of Virginia 10/18/2022
Trial court did not err in convicting appellant of violating Code § 18.2-144 because the statute does not include the element that the wounding of the animals must occur without the authorization of the owner; evidence was sufficient to demonstrate appellant acted with malice; evidence was sufficient to prove conspiracy to maim another person’s livestock
1256212 Anthony Patrick Washington v. Commonwealth of Virginia 10/18/2022
Trial court did not err in rejecting appellant’s self-defense theory as he participated in instigating the altercation and did not withdraw despite an ability to do so; the trial court’s finding that he acted deliberately and intentionally, not under the influence of a passion that rendered him “deaf to the voice of reason,” is supported by the record and demonstrated malice
0019223 Alejandra Isabel Obregon v. Commonwealth of Virginia 10/11/2022
Trial court abused its discretion in denying appellant’s petition for expungement when it required appellant to prove actual manifest injustice; Code § 19.2-392.2 requires only a reasonable possibility of manifest injustice; “right result for the wrong reason” doctrine does not apply because evidence does not fully support the trial court’s decision
0064224 W. Roy Tuthill v. Commonwealth of Virginia 10/04/2022
Trial court did not err in denying appellant’s petition to remove his name and identifying information from the Virginia Sex Offender Registry as the plain meaning of the statutory language requires anyone convicted of multiple Tier 1 offenses to remain on the registry, regardless of the temporal proximity of the crimes, Code § 9.1-910(A)
1354214 Danjuan Antonio McBride v. Commonwealth of Virginia 10/04/2022
Trial court erred when no judgment of acquittal was entered after the grant of appellant’s motion to strike the Commonwealth’s evidence as to the charges of possession with intent to distribute, third offense, Rule 3A:15(c)
8888881 Cases Appealed to Supreme Court of Virginia 10/04/2022
0945213 Eva Carol Belcher v. Commonwealth of Virginia 09/27/2022
Judgment affirmed in part as to the sufficiency of the evidence to support appellant’s convictions; no abuse of discretion permitting testimony appellant objected to as conclusory and speculative; argument that the testimony was inadmissible hearsay barred by Rule 5A:18; trial court did err in failing to order a new sentencing hearing for all convictions
1174214 Jason Sam Harris v. Commonwealth of Virginia 09/27/2022
Trial court did not err in concluding that the Commonwealth’s Attorney’s Office had an effective screening procedure in place to avoid a conflict of interest when appellant’s former attorney was hired as a prosecutor and, thus, appellant’s due process rights were not violated
1372214 Jason Harris, s/k/a Jason Sam Harris v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where trial court denied appellant’s motion to reconsider the appointment of a special prosecutor for his probation violation proceedings, filed more than twenty-one days after the judgment was final
0254222 Craig Carnell Maryland v. Commonwealth of Virginia 09/20/2022
Trial court did not err in denying appellant’s request that his time spent on bail and in home electronic monitoring be credited against his sentence, Code § 53.1-187
1103212 Diallo Olumnminji Turner v. Commonwealth of Virginia 09/20/2022
Trial court did not err in denying appellant’s motion to suppress evidence found during a stop of his vehicle; evidence was sufficient to sustain appellant’s conviction of possession with intent to distribute PCP
1122213 Devonza A. Johnson, Sometimes Known as Devonza Antiwan Johnson v. Commonwealth of Virginia 09/20/2022
Trial court did not err in convicting appellant of engaging in an obscene sexual display in violation of Code § 18.2-387.1 because he invited the librarian to look through his cell-door window and therefore had no reasonable expectation of privacy; appellant’s cell qualified as a public place as referenced in the statute and pursuant to Barnes v. Commonwealth
0900211 William Winn Khine v. Commonwealth of Virginia 09/13/2022
Trial court did not err in admitting a witness’s hearsay statement under the state-of-mind exception to the hearsay rule; the court did err in striking appellant’s insanity defense after he met his burden of production and should have instead determined whether appellant carried his burden of persuasion as to the irresistible-impulse defense
1120211 Devinceo Dontre Heart v. Commonwealth of Virginia 09/13/2022
Judgment reversed where both parties agreed to proceed under the newly enacted Code § 19.2-306.1 and the plain language of that text requires evidence of two prior technical violations before a defendant may be sentenced for a third technical violation; any error in the admission of evidence about pending charges against appellant was harmless
1246213 Shemon Devonte Clayton v. Commonwealth of Virginia 09/13/2022
Trial court did not err in finding evidence was sufficient that appellant had knowing possession of a chemical compound as a prisoner pursuant to Code § 53.1-203(5)
1247213 Shemon Devonte Clayton, a/k/a Shemon Devante Clayton 09/13/2022
Trial court did not err in revoking appellant’s suspended sentence after convicting him of possession of a chemical compound as a prisoner
0722213 Jaquan Ramone Brown v. Commonwealth of Virginia 09/06/2022
Judgment affirmed because judicial emergency orders and their enforcement did not violate the separation of powers; appellant’s statutory and constitutional speedy trial rights were not violated; and the evidence was sufficient to support appellant’s convictions
1194212 Jordan Darrell Morris v. Commonwealth of Virginia 09/06/2022
Petition for rehearing en banc granted
8888881 Cases Appealed to Supreme Court of Virginia 09/06/2022
1105213 Markquall Antwoine Canada v. Commonwealth of Virginia 08/30/2022
Trial court judgment affirmed because the Commonwealth was permitted to authenticate a 911 call through live testimony of the custodian of the record under Code § 8.01-390(A); the statements contained in the 911 call were nontestimonial and did not fall within the scope of the Confrontation Clause; the evidence was sufficient to convict appellant of the firearm charges
0732212 Stephen James Hood v. Commonwealth of Virginia 08/23/2022
Petition dismissed as the Court of Appeals does not have subject matter jurisdiction to consider a petition for a writ of actual innocence for convictions that have been vacated, Code § 19.2-327.10
0923212 William O. Flannagan, Jr. v. Commonwealth of Virginia 08/16/2022
Trial court judgment convicting appellant of first-degree murder and use of a firearm affirmed because a proffer as to the reliability of the preliminary breath test machine was insufficient assuming, without deciding, that PBT results are admissible in such a case
0997211 Travor Lamont Lucas v. Commonwealth of Virginia 08/09/2022
Trial court did not err in finding sufficient evidence that appellant obstructed justice when attempting to flee; there was also sufficient evidence to convict appellant of possession of a firearm as a convicted felon and possession of a concealed firearm that was concealed on or about his person before being dislodged during his flight
0932212 County of Henrico and PMA Management Corporation, TPA v. Casie O'Neil 08/02/2022
Commission did not err in finding claims were not barred by res judicata; Commission did not violate County’s right to due process; Commission did not err in finding the accident caused claimant’s injuries
1194212 Jordan Darrell Morris v. Commonwealth of Virginia 08/02/2022
Trial court erred in applying an objective standard to appellant’s claim that he was seeking emergency medical care for his drug-induced suicidal ideation when determining whether he was entitled to medical-amnesty immunity pursuant to Code § 18.2-251.03
1355211 Michael Angelo Street v. Commonwealth of Virginia 08/02/2022
Trial court did not err in denying appellant’s motion to suppress evidence found during a 2019 search of his vehicle; Code § 4.1-1302(A), which took effect in 2021, by its express terms, did not apply retroactively to the evidence seized in the 2019 search
8888881 Cases Appealed to Supreme Court of Virginia 08/02/2022
0677212 Paul H. Lundmark v. Commonwealth of Virginia 07/26/2022
Appeal is reinstated on docket of this Court; Henrico County is substituted as appellee
0993212 Catherine Tyler v. Commonwealth of Virginia 07/26/2022
Trial court abused its discretion by awarding certain costs claimed by the law firm, in addition to the funds embezzled, as restitution; judgment is affirmed as to other costs directly caused by appellant’s embezzlement
1095211 James Jesus Montgomery v. Commonwealth of Virginia 07/26/2022
Trial court did not err in denying appellant’s motion to suppress evidence obtained during a traffic stop because Code § 18.2-250.1(F)’s prohibition on “plain smell” marijuana searches was a substantive change and did not apply retroactively to the search of his vehicle
0664213 Timothy James Suhay v. Commonwealth of Virginia 07/19/2022
Trial court did not err in appellant’s request for a deferred disposition under Code § 19.2-303.6 after finding that appellant’s electronic solicitation of a minor was not caused by, nor had a direct and substantial relationship to, his autism spectrum disorder; after so finding, any error by trial court in considering position of Commonwealth and victim harmless
0818211 Samuel Ellis, Jr. v. Commonwealth of Virginia 07/19/2022
Trial court did not err by amending the charged offense and convicting appellant of driving with a suspended license, insurance related, under Code § 46.2-302 because the summons was not void ab initio and the summons gave appellant notice of the gravamen of the offense and thus was not fatally defective
8888881 Cases Appealed to Supreme Court of Virginia 07/05/2022
0361212 Terence Jerome Richardson, s/k/a Terrence Jerome Richardson v. Commonwealth of Virginia 06/21/2022
Upon a Petition for a Writ of Actual Innocence – petition dismissed where petitioner did not establish that he satisfied each of the requirements of Code § 19.2-327.11(A)
0693214 Adrian Donnel Aley v. Commonwealth of Virginia 06/14/2022
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence was sufficient for jury to conclude that the victim requested appellant help her seek medical assistance and appellant refused to do so and that appellant received a visible signal from law enforcement to bring his vehicle to a stop and refused to do so
0759211 Jessie Lee Green v. Commonwealth of Virginia 06/14/2022
Trial court did not abuse its discretion in finding appellant had violated the terms of probation and in applying the penalty that existed at the time appellant violated his probation and at the time the proceeding to revoke his suspended sentences began
0239502 Commonwealth of Virginia v. Devin Denny 06/07/2022
Upon a Hearing En Banc – Judgment of trial court reversed where trial court erred by not considering the totality of the circumstances related to bail found in Code § 19.2-120
8888881 Cases Appealed to Supreme Court of Virginia 06/07/2022
0434214 Jovan Anthony Ali v. Commonwealth of Virginia 05/31/2022
Trial court did not err in rejecting appellant’s claims that his statutory and constitutional speedy trial rights were violated
0987213 Virginia Department of Corrections v. Richard Bishop 05/24/2022
Trial court erred in holding the hearing officer misapplied the operating procedures as that finding was outside the scope of the court’s statutorily granted authority to review hearing decisions; award of attorney fees to appellee vacated
0651213 Justin Thomas Meade v. Commonwealth of Virginia 05/17/2022
Trial court did not err in convicting appellant of shooting into an occupied building after rejecting appellant’s claim of self-defense, finding appellant’s statement did not compel an acquittal, or in finding appellant acted with malice
0833203 Clifton Thomas Jacks v. Commonwealth of Virginia 05/17/2022
Upon Rehearing En Banc – trial court erred in denying appellant’s appeal from the general district court as untimely where Code § 16.1-132’s ten-day deadline was tolled by the Supreme Court’s emergency Covid-19 orders
0495214 Jeffery Dale Howard v. Commonwealth of Virginia 05/10/2022
Judgment of trial court affirmed where appellant waived his objection to joinder by pleading no contest to one of the two charges; trial court did not abuse its discretion in admitting certain evidence at trial and did not misapply Code § 18.2-83; evidence was sufficient to convict appellant of threatening to burn or bomb
0598212 Joseph E. Brown v. Commonwealth of Virginia 05/10/2022
No error in trial court’s finding that evidence was sufficient to support the abduction conviction, that Code § 19.2-59 did not provide legal justification for the abduction of the victim, and that there was no conflict of interest between the victim and the prosecutor; appellant’s prosecutorial vindictiveness argument waived under Rule 5A:18
0772213 Kenny James Slusser v. Commonwealth of Virginia 05/10/2022
Trial court erred in fixing the amount of restitution owed to the victim
0592214 Jason Park v. Commonwealth of Virginia 05/03/2022
Trial court did not err in denying appellant’s motion to suppress or in finding evidence sufficient to prove appellant was the driver of the vehicle and his refusal to take a breath test was unreasonable; the form read to appellant regarding the consequences of his refusal did not violate his right to due process
0610212 Tina Dione Woodson v. Commonwealth of Virginia 05/03/2022
Trial court erred in finding evidence was sufficient to support assault and battery charges where given the parental privilege to use reasonable corporal punishment, the evidence did not prove appellant’s actions were excessive
0682212 Dustin Keith Conley v. Commonwealth of Virginia 05/03/2022
Trial court did not abuse its discretion in admitting evidence of certain prior bad acts and jury was properly instructed on issues of consent and mistake of fact; other arguments waived pursuant to Rule 5:20(e) and Rule 5A:18
8888881 Cases Appealed to Supreme Court of Virginia 05/03/2022
0260222 NAACP (Hanover Chapter), et al. v. Commonwealth of Virginia, et al. 04/26/2022
petition for review denied where petitioners are not entitled to such extraordinary relief because they have not shown that the usual relief under Code § 2.2-4028—a stay of the permit—would be inadequate
0208211 Aaron Jacob Goldman v. Commonwealth of Virginia 04/19/2022
Trial court erred in finding evidence was sufficient to prove appellant was the criminal agent who committed the larceny where the evidence failed to establish a connection between appellant and the theft of the tools on a specific date
0843213 John Thomas Keene v. Commonwealth of Virginia 04/19/2022
Trial court did not abuse its discretion in denying appellant pretrial bond, did not rely on any inappropriate or incorrect considerations, and properly applied Code § 19.2-120
0878202 Michael Haas v. Commonwealth of Virginia 04/19/2022
Published order – petition for writ of actual innocence granted
0677212 Paul H. Lundmark v. Commonwealth of Virginia 04/12/2022
Published order – petition for rehearing en banc granted
1130214 Tate Morris v. George Mason University 04/12/2022
Trial court did not err in upholding the termination of appellant’s employment where he was provided due process, the hearing officer addressed issues material to the case, the trial court decided the case on the record and acted within its discretion in limiting the time of argument, and the record does not demonstrate that the trial court refused to consider appellant’s contentions
0479214 Anita Shana-Nicole Simms v. Alexandria Department of Commuity and Human Services 04/05/2022
Trial court did not err in finding it had jurisdiction to act on the petition to terminate appellant’s parental rights to her children while an abuse and neglect determination involving the same parent and child is pending appellate review or in finding that termination of appellant’s parental rights was in the children’s best interests
1211204 Jacques Lamar Walker v. Commonwealth of Virginia 04/05/2022
No error in trial court’s finding that evidence was sufficient to allow jury to consider whether appellant committed abduction; trial court did not err in instructing jury in its sentencing decision regarding appellant’s multiple use of a firearm convictions, in allowing witness to identify appellant in court as robber, or in denying appellant’s motion to suppress
8888881 Cases Appealed to Supreme Court of Virginia 04/05/2022
0762212 Steven Emanuel Parson v. Commonwealth of Virginia 03/22/2022
Published order – Upon a Petition for a Writ of Actual Innocence – petition dismissed as petitioner has not met his burden of proof to prove that no rational fact finder, considering all the evidence, would find proof of guilt beyond a reasonable doubt
0561213 Catherine Ann Tomlin, a/k/a, etc. v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that evidence was sufficient prove the victim suffered serious bodily injury and that those injuries presented a risk of death significant enough to make them life threatening; trial court erred in finding evidence sufficient to prove the victim was mentally incapacitated with respect to financial matters
0572212 Cathryn Rose Rainey v. Chad Christopher Rainey 03/08/2022
Trial court did not err in awarding sole legal and physical custody of the children to appellee; trial court erred in giving appellee the power and sole discretion regarding appellant’s visitation with the children
0677212 Paul H. Lundmark v. Commonwealth of Virginia 03/08/2022
Published order – appeal dismissed where this Court lacks jurisdiction over this appeal because appellant failed to join an indispensable party
0355213 Anthony Andre's Mackey v. Commonwealth of Virginia 03/01/2022
Trial court erred in denying appellant’s motion to reconsider where Code § 18.2-374.3(D) is not a lesser-included offense of Code § 18.2-374.3(C) and the trial court never amended the original indictment to allow for appellant’s conviction under subsection D
8888881 Cases Appealed to Supreme Court of Virginia 03/01/2022
1085211 Eugene N. Johnson v. Commonwealth of Virginia 02/15/2022
Published order – City of Norfolk’s motion to amend style of case granted where the City had proper notice and waived any defect in the notice of appeal
0204213 Lucas Edward Ritchie v. Commonwealth of Virginia 02/08/2022
No error in trial court’s finding that the September 2019 order was not void ab initio where the juvenile court acted consistent with Code § 16.1-242 and retained jurisdiction of this matter by its actions in the September 2018 order
0282214 Rodney Massie v. Commonwealth of Virginia 02/08/2022
Trial court did not err in denying appellant’s motion to strike as the evidence was sufficient for each charge to go to the jury
0977211 Jerrod Max Palmer v. Commonwealth of Virginia 02/08/2022
Published Order - Appeal dismissed where appellant’s request for pre-trial bail became moot when the circuit court convicted him of the charged offenses as the Court could not afford appellant relief from the challenged order
0808203 Dwayne Allen Ray, Jr. v. Commonwealth of Virginia 02/01/2022
Trial court did not err in denying appellant’s motion to suppress where the identification of appellant occurred prior to a crime being committed and due process does not require its suppression; evidence was sufficient for jury to find the informant bought drugs from appellant
8888881 Cases Appealed to Supreme Court of Virginia 02/01/2022
0459214 Horacio Eugenio Sobol v. Christine Marie Sobol 01/25/2022
No error in trial court’s valuation and distribution of certain assets or in the award of attorney fees to appellee; trial court erred in requiring appellant to d appellee as a beneficiary on a life insurance policy
0198212 Todd Moses Sorrell, Sr v. Commonwealth of Virginia 01/18/2022
No error in trial court’s finding that the signed attestation clause in the concealed weapon application sufficiently complied with Code § 8.01-4.3 to support appellant’s conviction for perjury
0285213 C. Ray Davenport, Commissioner of Labor and Industry v. Utility Trailer Manufacturing Company 01/18/2022
Trial court erred in granting appellee’s motion to strike on the grounds that appellant did not prove the existence of a noncomplying condition
0294213 Dawan Anthony Glass v. Commonwealth of Virginia 01/18/2022
No error in trial court’s finding that evidence was sufficient to prove the felony destruction of property where the fair market cost of repair includes reasonable profit, the cost of the repair exceeded the $1,000 statutory threshold, and appellant did not object to the admissibility of testimony regarding the repair value
0819203 Gregory Leon Hammer v. Commonwealth of Virginia 01/18/2022
Trial court did not err in finding the officer’s identification of appellant as the driver of the vehicle credible; appellant’s argument that trial court improperly allowed the prosecution on one charge to proceed after orally allowing a nolle prosequi not preserved in the trial court *opinion revised 3/15/22
1033203 Gregory Leon Hammer v. Commonwealth of Virginia 01/18/2022
Trial court did not err in finding appellant in violation of his suspended sentences based on his other convictions *opinion revised 3/15/22
0090213 Ashley Elizabeth Esposito v. Virginia State Police 01/11/2022
Judgment of trial court dismissing appellant’s appeal affirmed where the appellee could not grant appellant’s ex parte request to be removed from the Sex Offender Registry as it did not have the discretion to do so without a circuit court order as required by Code § 9.1-910(C)
0350214 Sufian Da'mes v. Gada Da'mes 01/11/2022
Trial court did not err in calculating appellant’s monthly child support obligation; trial court erred in awarding appellee attorney fees that far exceeded the fees in evidence for the motion to compel
0663213 Gabriel Seth Worsham, Executor, Et Al. v. Kathleen Bonnie Crispin Worsham, Et Al. 01/11/2022
Trial court did not err in finding that the post-nuptial agreement unequivocally established appellee’s continuing entitlement to monthly payments from the trust even if the parties divorced, that the agreement must be enforced as written and appellant’s parol evidence was inadmissible, and the award of attorney fees was proper under the post-nuptial agreement
8888881 Cases Appealed to Supreme Court of Virginia 01/11/2022
8888882 Cases Appealed to Supreme Court of Virginia 01/11/2022
Cases Appealed to Supreme Court of Virginia
1203203 Kionne L. Pulley s/k/a Kionne Lydell Pulley 12/28/2021
Trial court did not err in admitting statements of witnesses who did not testify at trial or in finding evidence sufficient to support appellant’s convictions
0363211 Michael B. Yourko v. Lee Ann B. Yourko 12/21/2021
Trial court erred in dismissing appellant’s for modification of the final decree, equitable distribution order, and military pension division order where appellant was required to indemnify and guarantee payment of a sum certain derived from military retirement pay in violation of federal law
0028212 James Eberhardt v. Commonwealth of Virginia 12/14/2021
No error in trial court’s finding that appellant’s conduct disciplining his child exceeded the bounds of due moderation and, with at least criminally negligent intent, constituted a beating as proscribed by Cod § 40.1-103(A)
0349212 Michael Herbert Jessee v. Michelle Evora Jessee, n/k/a Michelle Evora Griffin 12/14/2021
Judgment of trial court reversed and matter remanded for trial court to adopt the balancing approach for considering the relevant factors as it balances the merits of awarding the pre-embryo
1131203 Chelsey Danielle Ingram, s/k/a chelsea Danielle Ingram v. Commonwealth of Virginia 12/14/2021
Judgment of trial court denying appellant’s motion to suppress affirmed where the deputy did not violate the Fourth Amendment; judgment of trial court finding evidence sufficient to prove appellant neglected the dogs affirmed
0316212 Virginia Manufacturers Association, Et. Al. v. Ralph S. Northam, Governor of Virginia, Et. Al. 12/07/2021
Judgment of trial court dismissing Count I of appellants’ complaint because VAPA does not apply to emergency executive orders and dismissing Counts II and III as moot affirmed; appellants’ claims regarding Count IV of the complaint transferred to the Supreme Court as this Court does not have jurisdiction to entertain these claims
8888881 Cases Appealed to Supreme Court of Virginia 12/07/2021
0166214 Firouzeh Dinarany v. John Stark 11/30/2021
Trial court erred in finding it did not have enough evidence to apportion the marital share of appellee’s military pension; trial court did not err in its allocation of attorney’s fees
0356214 John Stark v. Firouzeh Dinarany 11/30/2021
Trial court did not err in including the parties’ postnuptial agreement in evidence, in requiring the parties to share equally in the payments required by the mortgage forbearance on the marital home
0017211 Eric Torez Clark v. Commonwealth of Virginia 11/23/2021
Trial court abused its discretion in its denial of a competency evaluation for appellant at the June hearing where it explicitly failed to consider counsel’s representations, a relevant factor that should have been given significant weight
0323211 Rebecca Benedict-Miller v. Virginia Department of Social Services 11/23/2021
No error in trial court’s findings that appellee complied with the relevant statutes and the Administrative Process Act in determining appellant’s founded disposition of physical abuse and that the evidence was sufficient to support a finding of willful misconduct
0368212 Commonwealth of Virginia v. Tyekh Chamon Davis 11/23/2021
Order of trial court granting appellee pre-trial bond reversed where the trial court failed to articulate a basis for its bail decision or state whether the presumption against bail was overcome and gave inappropriate weight to the length of appellee’s pre-trial incarceration
1262202 Thomas Othel Thompson, Jr. v. Commonwealth of Virginia 11/23/2021
No error in trial court’s finding that evidence was sufficient to prove the substance appellant possessed was marijuana where the statutory scheme did not place any burden on the Commonwealth to prove the THC concentration of the material
1964192 James A. Fields, s/k/a James Alex Fields v. Commonwealth of Virginia 11/16/2021
Trial court did not err in denying appellant’s motion for a change in venue or in admitting the memes, image of Adolph Hitler, or the recorded jail calls into evidence
1225201 Brandon Alan McCarthy v. Commonwealth of Virginia 11/09/2021
Judgments of trial court denying appellant’s motion to suppress and determining that Code § 18.2-251.03’s amendments did not apply retroactively affirmed
0925202 Gilbert R. Nelson v. Commonwealth of Virginia 11/03/2021
No error in trial court’s finding that evidence was sufficient to prove appellant used construction force against the sleeping victim to commit aggravated sexual battery
1057201 Kimberly Paul Barney v. Commonwealth of Virginia 11/03/2021
Trial court erred in denying appellant’s supplemental instructions on the definition of a firearm; evidence was insufficient to support appellant’s conviction of use of a firearm in commission of a felony
8888881 Cases Appealed to Supreme Court of Virginia 11/03/2021
0060212 William R. Winters v. Cleome J. Winters 10/26/2021
Decision of trial court concluding a sanction against appellant was appropriate, “failing to consider” appellant’s motion to recuse an expert, refusing to admit stepmother as an expert, and awarding attorney’s fees to appellee affirmed; decision of trial court dismissing appellant’s appeal as a sanction reversed
1150204 Nicholas DeLuca, s/k/a Nicholas Tyler DeLuca v. Commonwealth of Virginia 10/26/2021
Trial court did not err in allowing appellant’s counsel to testify where appellant was never deprived of counsel because counsel’s testimony was never prejudicial to appellant and counsel represented appellant at the hearing, argued motions, and in no way undermined appellant’s position with his testimony
1151204 Nicholas DeLuca v. Commonwealth of Virginia 10/26/2021
Trial court did not err in allowing appellant’s counsel to testify where appellant was never deprived of counsel because counsel’s testimony was never prejudicial to appellant and counsel represented appellant at the hearing, argued motions, and in no way undermined appellant’s position with his testimony
0994204 Alonzo Devon White v. Commonwealth of Virginia 10/12/2021
Trial court erred in finding exigent circumstances justified the officers’ warrantless entry into the apartment
1139201 William Joseph Morgan v. Commonwealth of Virginia 10/05/2021
Trial court did not err in admitting the items found in appellant’s vehicle during the inventory search or in finding the evidence was sufficient to support appellant’s convictions of impersonating a police officer and carrying a concealed weapon while intoxicated
8888881 Cases Appealed to Supreme Court of Virginia 10/05/2021
1134204 Caine Calif Davis v. Commonwealth of Virginia 09/28/2021
Trial court did not err in admitting the statements of a co-conspirator where the statements did not constitute hearsay as they were not offered for the truth of the matter asserted
0833203 Clifton Thomas Jacks v. Commonwealth of Virginia 09/21/2021
Petition for rehearing en banc granted
8888881 Cases Appealed to Supreme Court of Virginia 09/07/2021
0833203 Clifton Thomas Jacks v. Commonwealth of Virginia 08/24/2021
Appellant’s argument that his notice of appeal filed in the general district court outside of the ten-day filing period was timely under the emergency orders pertaining to COVID-19 waived under Rule 5A:18; the Code § 8.01-384(A) exception to the contemporaneous objection rule is not applicable under the circumstances of this case
0838201 Daryl O. Tyler v. Commonwealth of Virginia 08/10/2021
Petition for writ of actual innocence is dismissed as petitioner has failed to establish by a preponderance of the evidence the necessary facts to entitle him to relief
0855204 John Crescent Ndunguru v. Commonwealth of Virginia 08/03/2021
Trial court did not abuse its discretion in allowing the witness to testify where the witness had not adulterated her testimony as a result of hearing the witness testify and without adulteration there is no prejudice to the appellant
0857204 Ryan Berkeley Allison v. Commonwealth of Virginia 08/03/2021
Trial court erred in its application of Code § 54.1-3466 when it convicted appellant of possession of controlled paraphernalia based on his mere knowing possession of a hypodermic syringe and no circumstances reasonably indicated appellant intended to use the syringe to illegally administer a controlled drug
1160201 Oskana Marinaro v. Domenick A. Marinaro 08/03/2021
Trial court abused its discretion in failing to consider the impact of COVID-19 on appellant’s request for a continuance on the morning of trial and the denial of the continuance injured appellant in her ability to present evidence and argument before the court
8888881 Cases Appealed to Supreme Court of Virginia 08/03/2021
0010214 Jacqueline M. Nielsen v. Alan H. Nielsen 07/27/2021
Trial court did not err in finding appellant’s substantial decrease in income was a material change in circumstances and did not abuse its discretion in modifying the spousal support award
0443202 Ronnie Lee Johnson v. Commonwealth of Virginia 07/27/2021
No error in trial court’s finding that the victim had a reasonable expectation of privacy that she would not be video recorded, regardless of her consent to appellant’s presence, or her inability to object at the time appellant made the recordings of the naked victim in her bedroom *Opinion revised 09/07/2021
0694202 Brian Wesly Ruff v. Commonwealth of Virginia 07/27/2021
Trial court did not err in providing appellant with a telephone to communicate with defense counsel during the closed-circuit testimony of a child victim which met the contemporaneous communication requirement of Code § 18.2-67.9
1177201 Kelly Lamont Poole v. Commonwealth of Virginia 07/20/2021
Trial court did not err in denying appellant’s motion to strike and motion for reconsideration where the evidence was sufficient to support his conviction of the rape of his wife
1216202 Jai A. King v. Commonwealth of Virginia 07/13/2021
Trial court did not err in convicting appellant for felony escaping from custody because appellant remained in custody during his participation in the home electronic monitoring program
0803202 Christina M. Mollenhauer v. Commonwealth of Virginia 07/06/2021
Judgment of trial court affirmed as appellant did not raise the constitutional challenge with specificity in the trial court and the evidence was sufficient to prove that appellant’s behavior violated Code § 40.1-103
1360204 Justin Blake Cox v. Commonwealth of Virginia 07/06/2021
Trial court did not err in denying appellant’s emergency motion to vacate his sentence where Code § 19.2-301 does not independently require trial courts to order a mental examination of a defendant prior to sentencing
8888881 Cases Appealed to Supreme Court of Virginia 07/06/2021
0073212 B. Mayes Marks, Jr v. Henrico Doctors' Hospital/HCA 06/29/2021
Commission did not err in interpreting its Rule 6.2(A)(3) to require reasonable notice be given for a claim of attorney’s fees and that interpretation is not unreasonable
0153202 Lemar Jason McDaniel, Jr v. Commonwealth of Virginia 06/29/2021
Trial court did not abuse its discretion in ruling that the witness was qualified to testify as an expert in blood spatter evidence and give her opinion based on a photograph in evidence
0182202 Romario Bailey v. Commonwealth of Virginia 06/15/2021
Trial court did not abuse its discretion in denying appellant’s motion for a continuance made the morning of trial; as appellant did not obtain an order on his motion to reconsider the denial of the continuance motion within 21 days of entry of the final order, there is no ruling for this Court to review
0256204 Moussa Moise Haba v. Commonwealth of Virginia 06/15/2021
No error in appellant’s conviction of unlawful filming under Code § 18.2-286.1 appellant recorded the victim when she had a reasonable expectation of privacy without her consent
1801194 Michael Moreno, s/k/a Michel Moreno v. Commonwealth of Virginia 06/15/2021
Trial court did not err in denying appellant’s motion to suppress evidence obtained from a warrantless “ping” of appellant’s cell phone where exigent circumstances justified the warrantless search of appellant’s real-time cell-site location data
1976181 Blake Andrew Mitchell, Jr. v. Commonwealth of Virginia 06/08/2021
Trial court did not err in denying appellant’s motion to suppress where the officer possessed sufficient reasonable, articulable suspicion to initiate a stop of the vehicle in which he was a passenger
8888881 Cases Appealed to the Supreme Court of Virginia 06/01/2021
0340201 Rakim Malik Nottingham v. Commonwealth of Virginia 05/25/2021
Trial court did not abuse its discretion in granting jury instruction where it was accurate statement of the law, was not duplicative of other instructions, and addressed a relevant issue raised by the evidence or in excluding a videotape of the victim’s interview and instead allowing the officer to testify as to victim’s demeanor
0562204 Richard Roosevelt Hill v. Commonwealth of Virginia 05/18/2021
No error in trial court’s finding that it had jurisdiction to revoke appellant’s suspended sentence where its finding was logical and plainly supported by case law that requires probation to be concurrent with a coordinate term of suspension of sentence
2043193 Stephen James Kilpatrick v. Commonwealth of Virginia 05/04/2021
Trial court erred in refusing to allow the testimony of appellant’s expert as that evidence, while relevant to the ultimate issue of appellant’s mental state at the time of the offenses, did not express an opinion on that issue and would not have invaded the province of the jury
8888881 Cases Appealed to the Supreme Court of Virginia 05/04/2021
0769203 Jessica Danielle Barrow v. Commonwealth of Virginia 04/27/2021
Trial court did not abuse its discretion in denying appellant’s continuance request during the judicial emergency resulting from the Covid-19 pandemic
0977201 Atlantic Orthopaedic Specialists v. City of Portsmouth 04/27/2021
No error in Commission’s finding that appellant’s claim for additional payments was barred by the one-year statute of limitations under Code § 65.2-605.1(F)
0209204 Jason Laufetette Brooks v. Commonwealth of Virginia 04/13/2021
Trial court did not err in denying appellant’s motion to sever his offenses into multiple trials after finding the existence of a common scheme, the offenses were part of a common plan, and justice did not require separate trials
0487203 Anthony Brian Barnett v. Commonwealth of Virginia 04/06/2021
Evidence was sufficient for jury to conclude appellant was part of a mob at the time the victim was shot where the mob had not disassembled at the time of the shooting, appellant remained in the area until another member of the mob had effected the mob’s purpose of injuring the victim, and appellant continued to share the mob’s intent to injure the victim
1208204 Commonwealth of Virginia v. Malachi Morgan Thomas 04/06/2021
Trial court’s order granting bail reversed where trial court made no factual findings to support its conclusion that appellee had borne his burden of persuasion that appellee was neither a flight risk nor danger to the public and should be released on bail
8888881 Cases Appealed to the Supreme Court of Virginia 04/06/2021
0970201 Summit Pharmacy Inc. v. Costco Wholesale (R) and Costco Wholesale Corporation 03/30/2021
No error in Commission’s finding that pharmacies are health care providers for purposes of Code § 65.5-605.1 and that appellant’s claim seeking full payment was not timely and barred by the statute of limitations under Code § 65.5-605.1(F); Commission did not err in finding appellant’s arguments regarding Code § 65.2-605.1(B) waived
1099192 Toni Sue Stacey v. Commonwealth of Virginia 03/09/2021
Judgment of trial court affirmed where appellant never timely objected to the sentence or condition under which it was suspended nor did appellant assign error to them when appellant previously appealed to this Court from her criminal conviction; any unappealed and unassigned errors have become the law of the case
0266201 Juan Luis Lopez v. Commonwealth of Virginia 03/02/2021
No error in trial court’s finding that appellant had been charged with a criminal offense at the point of arrest as a charge of criminal contempt is a “criminal offense” as used in Code § 18.2 478 and that the evidence was sufficient to prove appellant impeded the officer when he grabbed his baton and stun gun and assaulted the officer
0165201 James Daniel Sarka v. Commonwealth of Virginia 02/23/2021
No error in trial court’s finding that appellant had fraudulent intent in failing to return leased property within thirty days after expiration of the rental period
0249202 Lamont Lendell Bagley v. Commonwealth of Virginia 02/23/2021
Trial court did not err in denying appellant’s motion to suppress where the evidence provided reasonable suspicion for a protective sweep of the vehicle for a weapon; trial court did not err in denying appellant’s motion for reconsideration
0328202 Terrence D'Juan Blackwell v. Commonwealth of Virginia 02/23/2021
Trial court’s finding that eight-year-old victim in this case was a nonconsenting person for purposes of Code § 18.2-386.1 affirmed; evidence was sufficient to prove appellant created the videos
0117204 W. Neil Wills v. Lisa J. Wills 02/09/2021
Trial court erred in finding the parties’ Postnuptial Agreement was abrogated under Code § 20 155 by one of their later separations and reconciliations and, accordingly, the agreement was still in effect at the time of the parties’ divorce
0144204 Lisa J. Wills v. W. Neil Wills 02/09/2021
Trial court did not abuse its discretion in declining to award appellant additional attorney’s fees; trial court erred in finding the parties’ Postnuptial Agreement was abrogated under Code § 20 155 by one of their later separations and reconciliations
0842201 Lisa Johnson, Executrix of the Estate of Greta R. Johnson v. Tommy J. Johnson, Sr. 02/09/2021
No error in trial court’s decision that it lacked subject matter jurisdiction to enter a final decree after the death of one of the parties; as no final decree adjudicating the merits of the case was entered, this Court lacks subject matter jurisdiction to consider the case further
0580204 Clyde Carleton Koons, IV, f/k/a Clyde Carleton Crane, IV v. Leslie Elizabeth Crane 02/02/2021
Trial court did not err in imposing sanctions or awarding appellee attorney’s fees where appellant was properly served with the rule to show cause and evidence was sufficient to find appellant in willful contempt
8888881 Cases Appealed to the Supreme Court of Virginia 02/02/2021
1971191 Shaka Markel Long v. Commonwealth of Virginia 01/26/2021
Trial court did not err in allowing officer to testify regarding statements made to him by a confidential informant or in denying appellant’s motion to suppress
0177202 Rae'quan Xavier Dandridge v. Commonwealth of Virginia 01/12/2021
Trial court erred in refusing to instruct jury on voluntary manslaughter where there was credible evidence that appellant was provoked to fear or anger, or both
0767204 Sarah Ellis Peed v. Virginia Department of Transportation and Washington Gas Light Company 01/12/2021
Trial court did not err in granting VDOT’s motion to dismiss and sustaining WGL’s demurrer on the basis that appellant lacked standing to appeal VDOT’s case decision regarding WGL’s land use permit application
1945192 Ryan Thomas Pick v. Commonwealth of Virginia 01/12/2021
Trial court did not err in denying appellant’s motion to suppress where the investigator, a party to the conversation, did not violate the wiretap act; evidence was sufficient to support appellant’s conviction under Code § 18.2-374.3(C)(1); appellant’s argument regarding whether he was subjected to custodial interrogation without Miranda warnings barred by Rule 5A:18
0852203 Jordan Alexander Price v. Natasha Yvonne Peek, f/k/a Natasha Y. Price 12/22/2020
Trial court did not err in finding appellant was solely liable for the loan at issue where the loan remained marital debt through the refinance and under the terms of the parties’ property settlement agreement remained allocated to appellant and appellee did not intend to accept half of the liability of the refinanced loan
0024204 Kerry Ann Spell v. Commonwealth of Virginia 12/15/2020
Trial court erred in denying appellant’s motion to set aside verdict of jury where the evidence was insufficient to prove that the child was a “child in need of services” as contemplated by Code § 18.2-371
0763202 Lorraine D. Aufforth v. Joann Aufforth 12/15/2020
Trial court did not err in granting appellee’s motion to dismiss a summons for debtor’s interrogatories where appellant’s factual allegations fail to establish that appellee was a debtor to or a bailee of the debtor husband pursuant to Code § 8.01-506(A)
1722193 Rebecca Jones Richard v. Commonwealth of Virginia 12/08/2020
Trial court did not err in denying appellant’s motion to strike charge of conspiracy to distribute a controlled substance; trial court erred in refusing appellant’s proffered instructions
0176202 Nicholas Lee Thomas v. Commonwealth of Virginia 12/01/2020
Trial court did not err in denying appellant’s motion to suppress statements made to the officers where appellant was not subject to the type of police conduct that would compel a reasonable person to incriminate themselves and appellant’s voluntary communication with the officers demonstrated a knowing, intelligent, and voluntary waiver
0930202 Norman T. Johnson v. Commonwealth of Virginia 12/01/2020
Court has jurisdiction to consider the petition because Code Section 19.2-327.10 removed the requirement that petitioner must have entered a “plea of not guilty” and the limitation that petitioner may only file one petition challenging a felony conviction.
1146194 Paula Jo Smith v. Commonwealth of Virginia 12/01/2020
No error in jury’s finding that evidence was sufficient to prove appellant made a conscious decision to “put up” in the hotel room for a period of time without paying for it
1275192 Richard Paul Stevens v. Commonwealth of Virginia 12/01/2020
Trial court did not err in ruling that the witness was qualified to testify as an expert in the areas of child abuse and disclosure and in allowing her testimony
8888881 Cases Appealed to the Supreme Court of Virginia 12/01/2020
0436201 Troy McGowan v. Commonwealth of Virginia 11/24/2020
No error in trial court’s finding that evidence was sufficient to prove a bodily injury occurred as a result of appellant’s biting of the victim in violation of Code § 16.1-253.2(C)
1736192 Ruebin Clifton Fletcher v. Commonwealth of Virginia 11/10/2020
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of carjacking and attempted malicious wounding; trial court erred in sentencing appellant in excess of the statutory maximum for appellant’s conviction of abduction
0343201 Mary Price v. Commonwealth of Virginia 11/04/2020
Trial court erred in failing to disqualify the private prosecutor in this case where he simultaneously represented the victim in a civil action against the appellant and procedural safeguards were not followed that would have ensured the publicly-elected prosecutor remained in control of the case
0680194 Norman L. Blowe, Jr. v. Commonwealth of Virginia 10/27/2020
No error in trial court’s finding that appellant suffered no prejudice from the court clerk’s ex parte statement to the jurors that they had to follow the sentencing instructions given by the trial court
1889194 David L. Ridenour v. Laura M. Ridenour 10/20/2020
Trial court did not abuse its discretion in fashioning the child support award after finding that application of the child support guidelines was unjust and inappropriate and Code § 20-108.2(D) did not require any unreimbursed medical expenses be categorically excluded from child support calculations a matter of law
1929193 Shannon Kathleen Smith Hurt Lively v. Paulette Holland Smith and Link Monroe Smith 10/20/2020
No error in trial court’s finding that Code § 63.2-1216 is not unconstitutional as applied to the facts of this case where appellant did not lack understanding of the nature and legal consequences of her consent to the adoption of her child by appellees
1091191 Stephen Raymond Saal v. Commonwealth of Virginia 10/13/2020
Trial court did not err in denying appellant’s motion to suppress where the officer’s entry upon appellant’s curtilage was reasonable under the facts and circumstances and did not violate the Fourth Amendment
1595194 Mark Spencer Cady v. Commonwealth of Virginia 08/11/2020
Conviction of reckless driving reversed where evidence was insufficient to prove criminal negligence
1001193 Neal Andrew Peters v. Commonwealth of Virginia 08/04/2020
Judgment of trial court affirmed where evidence was sufficient to prove the officer had “the immediate physical ability to place [appellant] under arrest” to satisfy the statutory language in Code § 18.2-460(E)
1575191 Chris Antonio Holloway v. Commonwealth of Virginia 08/04/2020
Trial court erred in dismissing the motions to reconsider appellant’s sentence imposed for a violation of Code § 18.2-248 where Code § 19.2-303.01 authorized the trial court to reduce appellant’s mandatory minimum sentence subsequent to its imposition if it found appellant provided substantial assistance to the Commonwealth
1793192 Aaron Emile McArthur v. Commonwealth of Virginia 07/28/2020
Trial court erred in denying appellant’s motion to suppress the firearm where one officer’s knowledge of appellant’s possible gang affiliation cannot be imputed to another officer as justification for a protective sweep of the vehicle where the officer searching was not provided that information prior to the search
1510192 Matthew Thomas Conley v. Brenda Lynn Bonasera 07/21/2020
Trial court erred in finding that termination of appellee’s award of spousal support was unconscionable after finding appellee cohabited in a relationship analogous to marriage for a period exceeding one year; trial court did not err in denying attorney’s fees and costs to appellant
1735181 Quartrez Logan, s/k/a Quartrez Rashad Logan v. Commonwealth of Virginia 07/21/2020
Upon Rehearing En Banc – judgment of trial court affirmed where the Sixth Amendment does not require that the Commonwealth provide appellant with the opportunity to cross-examine the deputy who served the protective order on appellant where the return of service was not functionally equivalent to live, in-court testimony
0204204 John Berry v. Mary Barnes, Tricia Ann Scanlon and Donald Edward Scanlon 07/14/2020
The trial court erred in finding appellant lacked standing where a man may timely register with the Virginia Birth Father Registry within ten days of a child’s birth regardless of whether he has been notified previously of the Registry pursuant to Code 63.2-1250(F)
1681191 Frank Boyd, Jr. v. Commonwealth of Virginia 07/14/2020
No error in trial court’s finding that evidence was sufficient to find that appellant’s actions were wrongful and supported conviction of parental abduction
1930191 Wardell Orthopaedics, P.C. v. Colonna's Shipyard, Inc. and United States Fidelity and Guaranty Co. 07/14/2020
Commission properly interpreted and applied Code § 65.2-605.1(G) and did not err in dismissing appellant’s claim for additional payment based on lack of jurisdiction
0154194 William Howard Robinson v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as the assignment of error regarding the trial court’s denial of a motion to sever was procedurally defaulted
0616194 Timothy Warnick, s/k/a Timothy William Warnick v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as that court did not deny appellant any of his constitutional rights under the Sixth and Fourteenth Amendments and because certain hearsay statements was either properly admitted or admitted hearsay
1539193 Dustin Clinton Delp v. Commonwealth of Virginia 06/30/2020
Judgment of trial court affirmed because appellant’s guilty pleas waived his right to appeal the issue concerning trial court’s denial of a motion for new counsel
1898194 Kumar Sangaran v. Shabnam Sachdeva 06/23/2020
Trial court erred in finding that appellant anticipatorily repudiated the Agreement to Arbitrate and that appellee accepted that repudiation prior to appellant’s revoking any repudiation
0221191 Coshaun Tyrell Bryant v. Commonwealth of Virginia 06/16/2020
Trial court did not err in denying appellant’s motion to suppress evidence obtained from a search of the suitcase and a search of the safe based on the actual or apparent authority of the lessee of the apartment to consent to a search and the affidavit for a search warrant contained sufficient information to authorize a search of the safe
0581202 Hoffman Partnership, LLP, et al. v. Circuit Court of Spotsylvania County 06/16/2020
Petition for writ of prohibition denied where the circuit court has subject matter jurisdiction and petitioner has alternative remedies
0589191 Isaiah A. Green v. Commonwealth of Virginia 06/16/2020
Trial court did not err in finding that appellant entered the victim’s residence with the intent to commit another misdemeanor in addition to the trespass to which he pled guilty; evidence was sufficient to support trial court’s finding that appellant contacted the victim which violated the protective order
0369194 Kevin Diaz Gomez, s/k/a Kevin Diaz-Gomez v. Commonwealth of Virginia 06/09/2020
Judgment of trial court affirmed where appellant failed to raise his argument concerning a fatal variance in the indictment before verdict, as required by Code § 19.2-227
1059191 Shelton Legrand Riddick v. Commonwealth of Virginia 06/02/2020
Judgment of trial court affirmed where circuit court had subject matter jurisdiction to try appellant’s appeal of his general district court convictions
1717184 Karen Rompalo v. Commonwealth of Virginia 06/02/2020
Appellant’s convictions of destroying a public record affirmed where trial court did not err in interpreting Code § 18.2-107 or in refusing appellant’s proffered jury instructions; appellant did not preserve for appeal the sufficiency of the evidence argument; Court will not consider her relevancy and hearsay objections where appellant took inconsistent positions below
9999991 Rayquan Bernard Barnes v. Commonwealth of Virginia 06/02/2020
Motion for bond denied where trial court did not abuse its discretion in denying bond
0375193 Donnie Elijah Smallwood v. Commonwealth of Virginia 05/12/2020
Trial court erred in convicting appellant of three counts of conspiracy to obtain money by false pretenses after finding there was a single agreement
1145194 Endalkachew Merid v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying the motion to suppress where the officers acted reasonably in entering the apartment to render emergency aid and in conducting a security sweep of the remaining area of the residence and those actions did not violate the Fourth Amendment
0515193 Olmedo Alberto Pena Pinedo v. Commonwealth of Virginia 05/05/2020
Trial court did not err in refusing to instruct jury on claim of right defense where that instruction was not supported by more than a scintilla of evidence as the property sought to be reclaimed was undisputedly the proceeds of criminal activity and one cannot have a good faith belief that one has a legal right to recover contraband or the fruits of a crime
1706182 Brent Edward Tanner v. Commonwealth of Virginia 05/05/2020
No error in trial court’s finding that the evidence established venue and that appellant’s obstructive behavior with regard to his trial for attempted arson is proscribed by Code § 18.2 460(C
0459192 LaShaunda Tenika Meekins v. Commonwealth of Virginia 04/28/2020
Trial court did not abuse its discretion in excluding evidence offered by appellant to show the victim’s character at sentencing as irrelevant; any error by trial court in failing to consider the hearsay statement made to the officer was harmless
0028191 Paul Anthony Chenevert v. Commonwealth of Virginia 04/21/2020
No error in trial court’s holding that the letter from the child victim to her mother and the drawings made by the victim during a forensic interview were admissible under the hearsay exception provided by Code § 19.2-268.3
0279193 Natalie Marie Keepers v. Commonwealth of Virginia 04/14/2020
Trial court did not err in denying appellant’s motion to suppress and did not abuse its discretion in refusing to strike two jurors for cause
0390192 Richard Duane Joyce, Jr. v. Commonwealth of Virginia 04/14/2020
Trial court did not err in denying appellant’s motion to suppress where the officer had reasonable suspicion to initiate a traffic stop
0413192 Herbert M. Jordan v. Commonwealth of Virginia 04/14/2020
No error in trial court’s finding that evidence proved the item appellant was hiding in his prison cell was a cell phone
0323191 Adrian Knight v. Commonwealth of Virginia 04/07/2020
Trial court erred in denying appellant’s motion to suppress where the Commonwealth failed to prove the gun inevitably would have been discovered through a subsequent lawful inventory search
0455194 John Carlos Bardales v. Commonwealth of Virginia 04/07/2020
No error in trial court’s interpretation of appellant’s plea agreement, and trial court did not err in placing appellant in the custody of the Department of Corrections to complete the Youthful Offender Program
0556192 Robert Meredith Otey, Jr. v. Commonwealth of Virginia 04/07/2020
No error in trial court’s finding that evidence was sufficient to prove appellant’s conviction of unauthorized use of motor vehicle where it proved appellant’s use of the vehicle exceeded the limited purpose it was given to appellant and the value of the vehicle exceeded the statutory amount
1322193 Berglund Chevrolet, Inc. v. Virginia Department of Motor Vehicles, et al. 04/07/2020
Trial court did not err in affirming the Commissioner’s decision denying appellant’s request for an increase in compensation for warranty repair work
1537194 Intercept Youth Services, Inc. and Key Risk Insurance Company v. The Estate of Lizbeth Y. Lopez 04/07/2020
No error in Commission’s findings that it lacked jurisdiction to consider the case and that appellants’ request for hearing was moot where there was no timely claim before the Commission and the request for hearing was filed more than two years after the date of the accident
1108194 Jerry Dixon v. Rebecca Dixon 03/31/2020
Decision of trial court denying appellant’s motion to strike appellee’s counter-complaint for divorce affirmed; trial court erred by offsetting appellant’s equitable distribution monetary award against appellee’s spousal support award
1322182 Melanie Vandyke v. Commonwealth of Virginia 03/31/2020
Judgment of trial court affirmed where the trial court lacked authority to grant a deferred disposition under Code § 18.2-258.1(H) at the time appellant requested it
1735181 Quartrez Logan, s/k/a Quartrez Rashad Logan v. Commonwealth of Virginia 03/31/2020
Petition for rehearing en banc granted
0590191 Jacob Andrew Herrington v. City of Virginia Beach 03/24/2020
Trial court erred in finding evidence was sufficient to convict appellant of Virginia Beach City Code § 23-7.1 where the evidence did not establish circumstances such as to indicate to a reasonable man that the public safety required he provide identification to the police officer upon request
0942181 James Lamont Madison v. Commonwealth of Virginia 03/24/2020
Petition for writ of actual innocence dismissed because petitioner has not met his burden to show by clean and convincing evidence that no rational trier of fact would have found proof of guilt beyond a reasonable doubt
1945181 Justin Leon Walker v. Commonwealth of Virginia 03/24/2020
No error in trial court’s finding that appellant, by his conduct, was knowingly waiving his right to counsel where appellant’s conflicts with multiple counsel were the result of voluntary and intentional conduct designed to delay and obstruct the proceedings and appellant knew of the potential consequences of engaging in that conduct
2030183 Christopher Pilenza v. Nelson County Department of Social Services 03/17/2020
No error in termination of appellant’s parental rights to his child where trial court found appellant’s cousin by blood was no longer a relative after appellant’s adoption was finalized
0774171 Nathaniel Dennis v. Commonwealth of Virginia 03/10/2020
Petition for writ of actual innocence dismissed because petitioner has failed to establish by clear and convincing evidence that if certain statements had been known and introduced at trial, a reasonable jury would not find petitioner guilty beyond a reasonable doubt
1455183 Brandon Scott Blankenship v. Commonwealth of Virginia 03/10/2020
No error in trial court’s finding that evidence was sufficient to prove two counts of assault and battery on a law enforcement officer, assault and battery, and animal cruelty
1665182 Cody W. Brewer v. Commonwealth of Virginia 03/10/2020
Trial court did not err in finding evidence proved that the way appellant used his iPhone to access the internet and use a mobile app to transfer money from one account to another rendered it a computer for purposes of Code § 18.2-152.3
1929183 Antonio Jones v. Commonwealth of Virginia 03/10/2020
Trial court did not err in admitting victim’s statements on the edited recording as they were non hearsay and gave context to appellant’s admissions; admissibility of appellant’s statements as misleading and confusing procedurally barred by Rule 5A:18
1735181 Quartrez Logan, s/k/a Quartrez Rashad Logan v. Commonwealth of Virginia 03/03/2020
No error in appellant’s conviction of attempting to obtain a firearm while subject to a protective order where the statements at issue were primarily created to comply with statutory provisions and enable the entity to administer its affairs, a non-prosecutorial purpose and were therefore not testimonial
0060193 Michael Dwayne Ferguson v. Commonwealth of Virginia 02/25/2020
On review of the assignment of error presented in the petition for appeal and granted by this Court, judgment of trial court convicting appellant of incest based on his conditional guilty plea affirmed
1372191 City of Newport News v. Joey K. Kahikina 02/25/2020
No error in Commission’s award of benefits where appellee’s claim was timely filed and evidence supports the conclusion that appellee was entitled to invoke the presumption under Code § 65.2-402(B)
0906192 Tyrone Jacobs v. Gina Wilcoxson 02/18/2020
Trial court did not err in denying appellant’s motion to vacate where the denial of the protective order by the juvenile court was a final order for purposes of appeal under Code § 16.1-296
1705181 Robert Weldon Dayvon Yerling, s/k/a Robert Weldon Dayvon Yearling v. Commonwealth of Virginia 02/18/2020
Trial court erred in finding evidence sufficient to prove appellant was aware of the nature and character of the single pill found in the console of the car he was driving
0424191 Merck & Co., Inc. v. Merrick B. Vincent 01/14/2020
No error in Commission’s award of permanent total disability where the compensable consequence doctrine imputes the occurrence of new injuries naturally following from the original injury to the original accident for purposes of Code § 65.2-503(C)
0603182 Roy Leeshun Williams v. Commonwealth of Virginia 01/14/2020
Appellant’s conviction of receiving a stolen firearm affirmed where trial court did not err in denying appellant’s motion to suppress and evidence was sufficient to support jury’s verdict; appellant’s conviction of possession of marijuana subsequent offense reversed and remanded where trial court erred in admitting the evidence of the marijuana field test
0859192 Jacob F. Chaney v. Julia L. Karabaic-Chaney 01/14/2020
Trial court erred in precluding appellant from introducing evidence of appellee’s adultery for any purpose and failed to consider one of the mandatory factors under Code § 20-107.1(E) where that code section does not limit a court’s consideration to the legal grounds actually pled for divorce when determining spousal support
1226181 Cassandra Marcelle Murray v. Commonwealth of Virginia 01/14/2020
Appellant’s conviction of possession of a firearm by a violent felon affirmed where trial court did not err in admitting testimony of officer as a lay opinion; appellant failed to proffer answers to questions she argues she should have been allowed to ask officers; evidence was sufficient for jury to conclude her possession of the firearm was knowing and intentional
0242193 Linda Kaye Nelson, s/k/a Linda Lay Nelson, s/k/a Linda Kay Nelson v. Commonwealth of Virginia 01/07/2020
Judgment of trial court affirmed where, although trial court erred in failing to properly apply Rule 1:1 in denying appellant’s motions for a new trial for lack of jurisdiction, appellant approbated and reprobated and appellant failed to preserve any objection regarding the trial court’s evidentiary ruling
1070192 New Age Care, LLC v. Caroline Juran, Executive Director, et al. 01/07/2020
Judgment of trial court dismissing appellant’s petition for appeal affirmed where it did not err in considering motion to dismiss filed by Dharma and joined by the Board or in granting the motion to dismiss prior to an evidentiary hearing
1090191 Joshua Gaines & Makiba Gaines v. Dept. of Housing & Community, et al. 01/07/2020
Trial court did not err in upholding the Review Board’s decision that the Virginia Maintenance Code requires the installation of a heating system in the appellants’ rental property and that the lack of a heating system rendered the property unfit or unsafe for habitation
1162181 Kevin Lamont Knight, a/k/a Suge Knight v. Commonwealth of Virginia 01/07/2020
Petition for writ of actual innocence is dismissed as petitioner has not met his burden to show by clear and convincing evidence that no rational trier of fact would have found proof of guilt beyond a reasonable doubt
0315191 Eric Cherron Jones v. Commonwealth of Virginia 12/27/2019
Trial court erred in denying appellant’s motion to suppress where the officer’s mistake of law was not objectively reasonable and his conduct was sufficiently culpable to justify application of the exclusionary rule
1910182 Sidi O. Jiddou v. Commonwealth of Virginia 12/27/2019
Appellant’s convictions of fraudulently purchasing cigarettes, possessing with intent to distribute tax-paid contraband cigarettes, and money laundering affirmed where evidence was sufficient and trial court did not err in granting Commonwealth’s request for a jury trial; argument regarding admitting evidence relating to nationality and religion barred by Rule 5A:18
1428184 Torrance Juarez Jenkins v. Commonwealth of Virginia 12/17/2019
Trial court did not err in admitting appellant’s 2010 probation violation report into evidence at the sentencing portion of appellant’s 2018 probation revocation proceeding
0870192 Andre Washington v. Caroline County Department of Social Services 12/10/2019
Trial court did not err in dismissing appellant’s petition for appeal for lack of jurisdiction where Rule 2A:4(a)’s mandatory service requirements were not met because appellant failed to take necessary steps within thirty days of the filing of the notice of appeal to cause a copy of the petition for appeal to be served on the agency secretary
1199183 Robert Anthony Tyler Martinez v. Commonwealth of Virginia 12/10/2019
Trial court did not err in revoking appellant’s suspended sentence and transferring him to DOC custody in the February 6, 2018 order or in entering the July 26, 2018 order clarifying the revocation and transfer order
0934181 Lenny Rock Kenner v. Commonwealth of Virginia 12/03/2019
Trial court did not abuse its discretion in admitting the evidence of child pornography, in denying counsel’s motion to withdraw based on a conflict of interest at the point no actual conflict had ripened, and in denying appellant’s untimely motion to poll the jury
1379184 Chancelier Fazili v. Commonwealth of Virginia 12/03/2019
Trial court erred in broadly denying appellant access to the internet without articulating the reasons on the record that would justify a general ban on internet usage
1543182 Willie Hicks, Jr. v. Commonwealth of Virginia 12/03/2019
Trial court did not err in excluding proffered testimony that the victim had made prior false allegations of sexual abuse where appellant failed to make the threshold showings that the allegations were made and were false; arguments regarding jury unanimity and his proffered evidence that victim had genital warts waived
1294181 Larry Dornell Palmer v. Commonwealth of Virginia 11/26/2019
Trial court did not err in allowing victim to invoke the Fifth Amendment and admit the transcript of her testimony from the preliminary hearing after deeming her unavailable to testify or in finding evidence was sufficient to prove the malice necessary to support the aggravated malicious wounding conviction
0076191 Gerard Lamontese Lee v. Commonwealth of Virginia 11/19/2019
Trial court did not err in revoking appellant’s suspended sentences after finding the period of suspension of the suspended sentences began to run from appellant’s release from incarceration
1786181 Yorhonda Milldred Pooler, s/k/a Yorhonda Mildred Pooler v. Commonwealth of Virginia 11/19/2019
No error in trial court’s finding that appellant had neither permission to be at the home nor the right to occupy it when the burglary occurred
0207194 Jason Wynnycky v. Susan T. Kozel 11/12/2019
Trial court did not abuse its discretion in crafting a custody arrangement that served the child’s best interests
0215193 Adam Christopher Armstrong v. Kristy Marie Armstrong 11/12/2019
Trial court did not abuse its discretion in awarding the parties joint legal custody of the parties’ child after finding joint legal custody was in the child’s best interests despite the existence of the protective order between the parties
0264182 Charles Erskine Church v. Commonwealth of Virginia 11/12/2019
Trial court did not err in denying appellant’s motion to dismiss for a Brady violation where appellant was able to make effective use of the evidence at trial or in admitting the underwear and the DNA test results into evidence
1305154 Tobias O. Reed v. Commonwealth of Virginia 11/12/2019
Upon remand from the Supreme Court, the Commonwealth is permitted to argue the government acted in good faith even if raised for the first time after remand from the United States Supreme Court and the good-faith exception to the exclusionary rule applies were the government actors were acting in good faith
1463182 Jacob Scott Goodwin v. Commonwealth of Virginia 11/12/2019
Trial court did not abuse its discretion in refusing to strike four potential jurors for cause or in denying appellant’s motion to set aside the verdict where the evidence was sufficient to support the jury’s verdict that appellant was guilty of malicious wounding
1595182 Alex Michael Ramos v. Commonwealth of Virginia 11/12/2019
Trial court did not err in refusing to excuse, for cause, jurors who were aware that another defendant had been convicted the previous day for a malicious wounding of the same victim in the same incident or in denying motion to strike where evidence was sufficient to prove malice; argument regarding denial of motion to change venue barred by Rule 5A:18
0730181 Stanlee Sebastian Jones v. Commonwealth of Virginia 11/05/2019
No reversible error in appellant’s convictions of first-degree murder and use of a firearm in commission of a felony where trial court properly found no overt act by victim to justify a claim of self-defense
0858181 Antonio Concepcion Garbaldi v. Commonwealth of Virginia 11/05/2019
Trial court did not err in imposing, as a condition of appellant’s suspended sentence, a prohibition on driving for ten years from his release from incarceration where there is no statutory conflict between appellant’s status as a licensed driver and a condition of probation that prohibits him from driving
0967181 Shannon Shamar Cousett v. Commonwealth of Virginia 11/05/2019
Trial court’s error in denying appellant’s motion to sever harmless where the evidence would have been admissible other crimes evidence of identity had there been separate trials
0621182 Jeffrey Scott Haas v. Commonwealth of Virginia 10/29/2019
Trial court did not err by excluding witness’ proffered testimony through which appellant sought to impeach the credibility of the victim or by admitting evidence of the appellant’s two refusals to cooperate with a search warrant for his DNA
0988181 Samuel Rudolph Joshua Raspberry v. Commonwealth of Virginia 10/29/2019
Trial court did not err in admitting the court orders as proof of appellant’s prior felony convictions or in finding evidence was sufficient to find appellant had constructive possession of the firearms
1440183 Carlos Artur Alvarez Saucedo v. Commonwealth of Virginia 10/29/2019
Trial court did not err in denying appellant’s motion to suppress his statements to the officer, in admitting the child victim’s videotaped forensic interview, or in denying appellant’s motion to set aside the verdict where the evidence was sufficient to prove forcible sodomy by cunnilingus
0282192 Cumberland Hospital and Ace American Insurance Company v. Angela Ross 10/22/2019
Commission erred in finding that application of the test of Warren Trucking Co. v. Chandler, 221 Va. 1108 (1981), was unnecessary when it awarded appellee compensation for home care provided by her spouse
0659193 Ronald Thomas Waller v. Commonwealth of Virginia 10/22/2019
Petition for writ of actual innocence summarily dismissed as petition fails to allege the existence of any newly discovered evidence
0773182 Kevin Lamont Lambert v. Commonwealth of Virginia 10/15/2019
Trial court did not err in admitting evidence of appellant’s membership in a gang or in limiting cross-examination of the victim; evidence was sufficient for jury to convict appellant
1193182 Ryan Oneal Davis v. Commonwealth of Virginia 10/08/2019
Judgment of trial court revoking appellant’s suspended sentences affirmed where appellant waived any claim for prosecutorial vindictiveness by his concession, the trial court reasonably interpreted its own orders, and appellant failed to present authorities in support of two of his assignments of error
0364192 Roger G. Wyatt v. Kimberly S. Wyatt 10/01/2019
No error in trial court’s decision to reserve to appellee the right to seek spousal support in the future
1907174 Ronnie Leon Bryant v. Commonwealth of Virginia 09/10/2019
Appellant’s convictions of credit card theft affirmed where trial court had subject matter jurisdiction to hear those charges and impose punishment and concluded venue was proper in that court to prosecute appellant for the charge of credit card theft related to the unused credit card
0485182 Howard Allen Groffel v. Commonwealth of Virginia 08/20/2019
Trial court did not err in finding appellant’s single act of transporting a firearm resulted in separate and distinct charges based on five protective orders entered to protect five different principals; trial court erred in finding two convictions and sentences for simultaneous possession of a firearm and ammunition
0706184 Timothy Ducharme v. Commonwealth of Virginia 08/06/2019
Trial court did not err in refusing appellant’s proferred jury instruction and giving the Commonwealth’s instruction instead; appellant’s argument regarding the motion to suppress is waived under Rule 5A:20(e)
0613183 Jesus Davila Bailey, III v. Commonwealth of Virginia 07/30/2019
No error in trial court’s finding that Code § 18.2-472.1 is constitutional where appellant’s First Amendment rights are not violated by the identity reporting requirements imposed by Code § 9.1-903(B) or (G) or by the criminal penalty imposed by Code § 18.2-472.1
0687182 Jack Randall Young v. Commonwealth of Virginia 07/30/2019
No error in trial court’s finding that evidence was sufficient to establish that appellant was subject to the registration provisions of the Virginia Sex Offender and Crimes Against Minors Registry Act
1125182 MPS Healthcare, Inc., etc. v. Dept. of Medical Assistance Services/Commonwealth of Virginia 07/23/2019
Upon a Rehearing – decision of trial court requiring appellant to reimburse appellee affirmed where appellant failed to comply with policies and procedures concerning criminal background checks on employees
1711184 Adel Elias Alwan v. Aylin Tunc Alwan, n/k/a Aylin Tunc 07/23/2019
Trial court did not err in considering appellant’s gross income based on income received from all sources, including veterans’ disability benefits, in calculating his child support obligation; appellant’s argument regarding the trial court’s award of attorney’s fees to appellee waived under Rule 5A:20
1999183 City of Charlottesville v. William Sclafani 07/23/2019
Decision of Commission finding that appellee’s injury met the burden of establishing temporal precision reversed and matter remanded to the Commission to make a factual finding as to whether appellee’s injury occurred during his last four hours of training
0088193 Marcia Morris v. Federal Express Corporation 07/16/2019
No error in Commission’s finding that appellant’s November 2017 change in condition application for additional wage benefits stemming from a July 2015 accident was barred by the applicable statute of limitations and did not relate back to any of her previous filings
0254181 Lamberto Maldonado, a/k/a Lamberto Moldanado v. Commonwealth of Virginia 07/16/2019
Trial court erred in denying appellant’s motion to strike where the evidence was legally insufficient to prove appellant’s conduct constituted misdemeanor obstruction of justice
1602181 Dustin Allen Ele, Sr. v. Commonwealth of Virginia 07/16/2019
Trial court did not err in denying appellant’s motions to strike after finding the videos and images constituted child pornography and there was a reasonable probability that the child victim would awaken and see appellant’s genitals
1898184 Shaishav Shah v. Manali Shah 07/16/2019
Trial court did not abuse its discretion in denying appellant’s motion for a continuance to allow him additional time to present argument after improperly assuming the trial court would continue the scheduled hearing and failed to appear at that hearing and trial court continued case for several hours to allow counsel to be present and present argument before entry of decree
0769182 Kelly Daniel Bass v. Commonwealth of Virginia 07/09/2019
Trial court did not err with regard to its decision concerning the speedy trial issue and its denial of the motion to suppress appellant’s confession
1679172 Johnathan Reeves Robinson v. Commonwealth of Virginia 06/18/2019
Upon a Rehearing En Banc – no error in trial court’s finding that appellant accomplished the touching by force and against the will of the victim and that the touching satisfied the statutory requirement of sexual abuse
1635182 Ryan Matzuk, s/k/a Walter Ryan Matzuk v. Christina Price and Ryan Bedell 06/11/2019
No error in trial court’s finding that the voluntary acknowledgement of paternity was not binding and conclusive under Code § 20-49.1 because it was the result of a mistake of fact
1687182 Ryan Bedell v. Christina Price and Walter Ryan Matzuk 06/11/2019
Trial court erred in determining appellee Matzuk was a parent of the child and, based on that finding, in determining custody and visitation
1824181 Steven Allen Starr v. Margaret Anne Starr 06/11/2019
Trial court did not err in determining the marital portion of appellant’s military retirement by using the length of service as of the date of the divorce as the denominator, representing the hypothetical date of retirement
0140174 Braulio Marcelo Castillo, s/k/a Braulio Marcello Castillo v. Commonwealth of Virginia 06/04/2019
Appellant’s convictions of first-degree murder, breaking and entering with intent to commit murder, and violation of a protective order affirmed
0256184 Christopher Michael Ellis v. Commonwealth of Virginia 05/28/2019
No error in appellant’s conviction of aggravated malicious wounding where evidence and reasonable inferences therefrom established there was a temporal interval between the initial malicious wounding, with victim remaining alive, and the subsequent death of the victim
1582184 Alexandria City Public Schools & Alexandria City School Board v. Kerri Handel 05/14/2019
No error in Commission’s finding that appellee suffered a compensable injury to her right shoulder where claimant need only demonstrate a single sudden mechanical or structural change to establish an injury by accident and may thereafter prove an injury is compensable by causally connecting it to the accident even if unable to demonstrate it is connected to the mechanical or structural change
1630182 Melinda Newman Mills v. Robert Alexander Mills 05/14/2019
Trial court did not err in finding appellant in civil contempt of two provisions of parties’ PSA; trial court erred in stating that the violation of an additional provision of the PSA was a civil contempt proceeding where it imposed a criminal contempt sanction
1125182 MPS Healthcare, Inc., etc. v. Dept. of Medical Assistance Services and Commonwealth of Virginia 05/07/2019
Petition for rehearing granted
1764162 Dustin Scott Jones v. Commonwealth of Virginia 05/07/2019
Upon Rehearing En Banc - Trial court erred in finding evidence was sufficient where it did not prove the requisite overt act to prove attempted robbery or that appellant manipulated the sawed off shotgun in any manner prohibited by statute while committing or attempted to commit robbery
1926171 John Paris Stevens v. Commonwealth of Virginia 05/07/2019
Trial court did not err in sustaining the Commonwealth’s challenge to one of appellant’s peremptory strikes
0370183 Justin Godfrey Fahringer v. Commonwealth of Virginia 04/30/2019
Trial court did not err in refusing appellant’s proffered jury instruction concerning evidence of prior sexual conduct between appellant and the victim where there was no evidence of any actions between appellant and the victim approaching sexual conduct
1204184 Sofia Khalid-Schieber, f/k/a Sofia Tanweer Hussain v. Haroon Hussain 04/30/2019
No error in trial court’s custody modification order regarding the parties’ three children
1593183 John Taylor v. Virginia Alcoholic Beverage Control Authority 04/30/2019
Trial court did not err in finding that the hearing officer’s decision was not contradictory to law
1650181 Rose E. Yahner v. Fire-X Corporation and Commonwealth Contractors Group Self-Insurance Association 04/30/2019
No error in Commission’s decision denying appellant’s request for a change in treating physician and for benefits for unauthorized medical treatment where appellant failed to meet her burden proving circumstances warranted a change in physicians or that she was justified in obtaining alternative medical care
1486184 Shannon Conner v. City of Danville 04/23/2019
Commission did not err in denying benefits to appellant where appellant failed to prove that her injuries arose out of her employment
0625181 Joshua Saquan Maurice Eley v. Commonwealth of Virginia 04/16/2019
No error in appellant’s conviction pursuant to Code § 18.2-287.4 as he was not entitled to the statutory exemption in Code § 18.2-308(C)(2) where the record established that appellant knew the truck appellant was in was stolen and was therefore not a “personal, private motor vehicle”
0719182 Ryan Taylor v. Commonwealth of Virginia 04/16/2019
Trial court did not err in denying appellant’s motion to suppress the blood sample obtained by the trooper where the trooper acted in good faith reliance on established law or in finding evidence sufficient to find him guilty of driving under the influence, third offense
1533184 Loudoun County v. Michael Richardson 04/16/2019
Commission did not err in awarding appellee permanent partial disability benefits based on the degree of impairment to his left leg prior to hip replacement
0391194 Alice Jin-Yue Guan v. Bing Ran 04/09/2019
Upon a Petition for Review pursuant to Code § 8.01-626 – petition dismissed as this Court does not have jurisdiction to review the merits
1125182 MPS Healthcare, Inc., etc. v. Dept. of Medical Assistance Services/Commonwealth of Virginia 04/09/2019
No error in trial court’s decision affirming the final agency decision to retract payments associated with a specific error code
0137182 Eric William Wandemberg v. Commonwealth of Virginia 04/02/2019
No error in trial court’s finding that evidence was sufficient to prove two counts of strangulation; trial court erred in convicting appellant of interfering with a 911 phone call after the trial court acquitted appellant of misdemeanor property damage of the same phone
1149184 Cary O'Donoghue v. United Continental Holdings, Inc. and United Airlines, Inc. 03/26/2019
No error in Commission’s denial of benefits to appellant where appellant did not prove his injuries arose out of his employment
1676171 Jeffrey Dean Bondi v. Commonwealth of Virginia 03/26/2019
No error in trial court’s finding that evidence was sufficient to prove appellant committed object sexual penetration of the victim by force and intimidation; trial court did not err in denying appellant’s motion to set aside the verdict based on after-discovered evidence
1232181 City of Virginia Beach v. Virginia Marine Resources Commission 03/19/2019
Judgment of trial court reversed where plain meaning of Code § 28.2-625 when considered in conjunction with Code § 28.2-604 established that municipal corporations, like other corporations authorized to apply for, occupy, and hold oyster planting ground leases are also entitled to receive these leases by transfer
1762173 Clinard Gary Lambert v. Commonwealth of Virginia 03/12/2019
Trial court did not abuse its discretion in excluding the proffered impeachment evidence as that evidence was not proper impeachment material; evidence was sufficient to support jury’s conclusion that appellant drove his vehicle under the influence of self-administered drugs
1478172 Kathryn Johnson, s/k/a Kathryn Eileen Johnson v. Commonwealth of Virginia 03/05/2019
Trial court did not err in refusing to admit appellant’s proffered expert testimony where Code § 46.2-817 does not make expert testimony concerning a defendant’s mental state at the time of the offense admissible at trial without an insanity defense
1453174 Joaquin Shadow Rams, Sr., a/k/a, etc. v. Commonwealth of Virginia 02/26/2019
No error in trial court’s finding that evidence was sufficient to prove victim’s death was a homicide and that appellant was the criminal agent; denial of appellant’s request for a bill of particulars was not reversible error
1613174 James Wesley Amonett, Jr. v. Commonwealth of Virginia 02/19/2019
Appellant’s failure to provide a transcript of the suppression hearing precludes the Court from considering his arguments that promises of leniency made by the police constitute a binding immunity agreement; trial court did not err in concluding the existence of such an agreement is not proper question for jury or in admitting testimony of a forensic witness
0685174 Thomas Robert Lienau v. Commonwealth of Virginia 02/12/2019
Upon Rehearing En Banc – judgment of trial court reversed and case remanded to trial court for reasons stated in panel majority opinion
1070184 Andre Jones v. Crothall Laundry and New Hampshire Insurance Company 02/12/2019
Commission did not err in denying appellant’s claim for benefits where evidence supports the Commission’s findings that appellant’s violation of a known safety rule proximately caused his injury and that employer appellee enforced the safety rule at issue
1091184 Raymond J. Hamilton v. Pro-Football, Inc., t/a The Washington Redskins & Great Divide Insurance Co. 02/12/2019
No error in Commission’s denial of temporary total disability benefits to appellant where evidence supports Commission’s finding that appellant failed to market his residual work capacity and evidence does not establish that Commission unfairly punished appellant for attempting to return to professional football instead of looking for employment
1219184 Tony Jones v. Pro-Football, Inc., t/a The Washington Redskins & Great Divide Insurance Co. 02/12/2019
Commission did not err in calculating appellant’s average weekly wage or in finding appellant remains partially disabled
2058171 Ian Christian Carlson v. Commonwealth of Virginia 02/12/2019
Trial court erred in denying appellant’s motion to suppress evidence obtained as a result of an unlawful search of his residence
1150184 George King v. DTH Contract Services Inc. & American Select Insurance Company 02/05/2019
Commission erred in treating motive as the only relevant issue and declining to consider appellant’s evidence that his job increased his risk of assault and appellant has the option to prove the assault resulted from an increased risk associated with his employment, notwithstanding the fact that appellant and his assailant were acquainted
1366173 Robert McKinley Blankenship v. Commonwealth of Virginia 02/05/2019
Trial court did not abuse its discretion in admitting appellant’s prior conviction where the court found that the prior conviction was highly probative of appellant’s propensity to commit the crime charged in this case and that this probative value outweighed any risk of unfair prejudice
0220183 Brenda Marie Fleisher v. Commonwealth of Virginia 01/29/2019
Trial court did not abuse its discretion in ordering appellant to pay restitution for losses directly caused by appellant’s criminal offense and did not go beyond making the victim whole
1055182 Roanoke Ambulatory Surgery Center v. Bimbo Bakeries USA, Inc., et al. 01/29/2019
Commission erred in interpreting Code § 65.2-605.1(F) and finding the appellant’s claim contesting the sufficiency of payment for health care services provided to a claimant time barred
0270183 Quintus Delano Marshall v. Commonwealth of Virginia 01/15/2019
Trial court did not err in finding evidence was sufficient to establish that appellant made a materially false statement on ATF Form 4473 where appellant’s conviction under Code § 18.2 57.2 constitutes a crime of domestic violence as that term is defined under the relevant federal statute
2086173 Arthur Anderson Warren v. Commonwealth of Virginia 01/15/2019
No error in appellant’s conviction of soliciting another person to carnally know a brute animal or to submit to carnal knowledge with a brute animal where Code § 18.2-361(A) is not unconstitutional on its face or as applied to appellant
2089172 Donald Jamar Johnson v. Commonwealth of Virginia 01/15/2019
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of pandering and sex trafficking to receive money; appellant’s argument regarding his sentences barred by Rule 5A:18
1063174 Donald Matthew Kelley v. Commonwealth of Virginia 01/08/2019
Trial court did not err in finding that appellant touched the victim with the requisite intent and that he acted without legal justification or excuse
1572172 Shanessa V. Pittman v. Commonwealth of Virginia 01/08/2019
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to demonstrate both a delivery of personal property and that appellant had the requisite fraudulent intent
1694171 Kimberly Paul Barney v. Commonwealth of Virginia 01/08/2019
Trial court erred in instructing jury that it was not necessary that the object the appellant possessed was in fact an actual or replica firearm so long as the victim perceived a threat or intimidation by a firearm
1054182 George Norris, Jr. v. ETEC Mechanical Corporation & Commonwealth Contractors Group Self-Insurance 12/26/2018
Commission did not err in denying appellant’s claim for benefits where appellant failed to establish the requisite causal connection between his employment and the resulting injury
1504172 Dominque Jamar Jones, s/k/a Dominique Jamar Jones v. Commonwealth of Virginia 12/26/2018
Trial court did not err in considering a prior conviction under Code § 18.2-248(D) as a prior conviction for the enhanced punishment provisions of Code § 18.2-248(C)
0678182 Christopher David McGinnis v. Nadine Anne McGinnis 12/11/2018
Trial court lacked statutory authority in the context of a divorce proceeding to make an “equitable restitution” award to appellee
0788181 Darnell Phillips v. Commonwealth of Virginia 12/04/2018
Actual innocence petition is dismissed because Court cannot find that no rational factfinder would have found petitioner guilty beyond a reasonable doubt
0529184 Adam Yafi v. Stafford Department of Social Services 11/27/2018
Trial court did not err in terminating appellant’s parental rights to his child based upon appellant’s conviction for felony assault on the child’s half-brother and trial court had sufficient evidence to find termination was in this child’s best interest
1631174 Patrick Joseph Wakeman v. Commonwealth of Virginia 11/27/2018
Trial court did not err in determining that the nurse who performed the sexual assault examination was qualified to give expert testimony regarding forensic examinations in sexual assault cases
1200173 Mitchell Larnell Bennett v. Commonwealth of Virginia 11/20/2018
Trial court did not err in admitting the silent video recording and photographs reflecting the drug sale as they did not violate the Confrontation Clause, in admitting the audio recording where the informant’s statements were not hearsay, or in finding the evidence sufficient to prove appellant distributed drugs
2041172 Cathleen Nelson & William Nelson v. Middlesex Dept. of Social Services & John & Jane Doe 11/20/2018
Trial court did not err in vacating a prior order granting appellants’ counsel permission to view certain filed and records and dismissing appellants’ request to reopen and rehear prior proceedings
0420181 Gary D. Knight, Jr. v. Howard Ottrix and Kahlilah Ottrix 11/13/2018
Order of trial court vacated where trial court had no jurisdiction to enter the order appealed from
0553181 Diana K. Brown v. Megan S. Brown, Individually & as Co-Administrator, etc., et al. 11/13/2018
Trial court erred in finding it did not have jurisdiction over the equitable distribution of marital property after the death of the former spouse where a final decree of divorce had been entered in a bifurcated proceeding pursuant to Code § 20-107.3(A)
1804174 Alisha Renee Merritt v. Commonwealth of Virginia 11/13/2018
Trial court erred in convicting appellant of failure to appear where Code § 19.2-128 does not apply to revocation proceedings; Court applied the ends of justice exception to Rule 5A:18 where the Commonwealth raised the exception in its brief and at oral argument
0974162 Calvin Darnell Butcher v. Commonwealth of Virginia 11/06/2018
No error in trial court’s finding that evidence was sufficient to prove appellant did not comply with Code § 46.2-894
1228171 Daniel Gordon Anderson v. Commonwealth of Virginia 11/06/2018
Trial court did not abuse its discretion in refusing to admit victim’s charges and convictions at issue into evidence where they failed to demonstrate the victim’s propensity to engage in violent or turbulent conduct and were not relevant to appellant’s self-defense claim
1351171 Anthony Marquis Daniels v. Commonwealth of Virginia 11/06/2018
Trial court did not err in denying appellant’s motions to suppress the evidence obtained from the apartment, seized from the vehicle, or appellant’s statements
1751173 Tina Lasha Hall, a/k/a Tina Lasha Waller v. Commonwealth of Virginia 11/06/2018
Trial court did not err in denying appellant’s motion to dismiss on collateral estoppel and double jeopardy grounds where appellant requested to have the charges against her severed; evidence was sufficient to find appellant guilty of possession of a firearm by a convicted felon
1826171 Santraun Deshaud Speller v. Commonwealth of Virginia 11/06/2018
No error in trial court’s finding that evidence was sufficient to prove an agreement to commit burglary, to prove appellant broke into or entered a home, and to prove the items stolen were firearms
0710183 Paramont Coal Company Virginia, LLC & Brickstreet Mutual Insurance Company v. Dewey J. McCoy 10/30/2018
No error in Commission’s award of disability benefits to appellee where appellee met his burden of proving sufficient pulmonary function loss “as shown by approved medical tests and standards”; finding that appellee’s pneumoconiosis renders him unable to perform manual labor in a dusty environment supported by evidence in the record
1692171 Marvin Kendell Midgette v. Commonwealth of Virginia 10/30/2018
No error in trial court’s finding that collateral estoppel did not bar appellant’s prosecution for perjury; trial court did not err in admitting expert witness’ testimony as his testimony was no testimony as to the ultimate issue in the case
0633172 Harry Lee Davison, III v. Commonwealth of Virginia 10/23/2018
Trial court did not err in giving jury instructions for forcible sodomy and aggravated sexual battery that combined the alternative theories of force, mental incapacity or physical helplessness as the means by which the sexual acts were committed against the victim’s will
0685174 Thomas Robert Lienau v. Commonwealth of Virginia 10/16/2018
Petition for rehearing en banc granted
1305154 Tobias Ogbanna Reed v. Commonwealth of Virginia 10/16/2018
Upon Remand from the Supreme Court of Virginia – judgment of trial court affirmed where, based upon the good faith exception to the exclusionary rule, Carpenter v. United States, 138 S. Ct. 2206 (2018), does not mandate that we reverse appellant’s conviction
1715174 Andrew Lamont Spratley v. Commonwealth of Virginia 10/09/2018
No error in trial court’s finding that evidence was sufficient to prove felony destruction of personal property where the Commonwealth proved the fair market replacement value of the destroyed scale was the cost of replacing the original scale with an equivalent substitute and was at least $1,000
0685174 Thomas Robert Lienau v. Commonwealth of Virginia 09/11/2018
Trial court erred in refusing to give the jury an instruction on self-defense where there was credible evidence to support appellant’s theory of self-defense
1572164 Andrew Gilbert Schmuhl v. Commonwealth of Virginia 09/11/2018
Trial court did not err in excluding evidence of appellant’s mental state pursuant to his involuntary intoxication defense and in finding appellant was actually offering an insanity defense; trial court did not abuse its discretion in refusing appellant’s proposed instructions on “unconsciousness” or “intoxication”
0164182 Jason William King, Sr. v. King George Department of Social Services 08/21/2018
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(E)(iii) based upon his prior conviction for involuntary manslaughter
1776174 Marie Dolores Jackson v. Dennis Michael Jackson 08/21/2018
Trial court did not abuse its discretion in refusing admission of the evidence appellant offered and did not err in denying appellant’s motion for an amended order where the trial court did not have jurisdiction to issue an amended order
1923153 James Willis Campbell, Sr. v. Commonwealth of Virginia 08/21/2018
Trial court’s finding that the search warrant was invalid but that the warrantless search was justified based on exigent circumstances is the law of the case; trial court did not err in finding constitutional and statutory double jeopardy principles were not violated in the prosecution of appellant’s charge of possession with intent to distribute methamphetamine
1189174 Andy Chavez v. Commonwealth of Virginia 08/14/2018
Trial court did not err in refusing to give jury appellant’s proposed jury instruction which included timely notice as an element of appellant’s charge of felony failure to appear and in denying appellant’s motions to strike and set aside the verdict where the evidence was sufficient to prove appellant’s failure to appeal was willful
1872174 Bartholomew D.S. Porter v. Eileen Porter 08/14/2018
Trial court did not err in finding that appellant failed to prove the existence of a common law marriage in Washington, D.C. and dismissing appellant’s complaint for divorce
0814172 Eric Hamilton v. Commonwealth of Virginia 08/07/2018
Trial court did not err in denying appellant’s Baston challenge to peremptory strike of two jurors and evidence was sufficient to convict appellant of obstruction of justice
1055172 Lee Alden Mooney v. Commonwealth of Virginia 08/07/2018
Trial court’s judgment affirmed as the admittance of challenged evidence at revocation hearing did not violate appellant’s due process right of confrontation
1564171 Joseph John Melick v. Commonwealth of Virginia 07/31/2018
Trial court did not abuse its discretion in admitting the printouts under the business records exception to the hearsay rule and in finding the evidence was sufficient to conclude appellant was guilty of grand larceny
1054171 Jeffrey Nigel Carr v. Commonwealth of Virginia 07/24/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of sex trafficking, conspiracy to commit sex trafficking, abduction, use of a firearm in commission of abduction, and conspiracy to commit abduction
0740174 Roland Baldwin v. Commonwealth of Virginia 07/17/2018
Trial court did not err in considering victim’s testimony and victim impact statement at sentencing
1186171 Christopher Parris Cabral v. Commonwealth of Virginia 07/17/2018
No error in trial court’s finding that the evidence was sufficient to support the charge of aggravated sexual battery where the instrument used by appellant was a stun weapon and able to inflict injury and qualified as a dangerous weapon pursuant to Code § 18.2-67.3
1290173 Franklin Lee Thomason, Jr. v. Commonwealth of Virginia 07/17/2018
Trial court did not abuse its discretion in refusing to allow appellant to withdraw his guilty pleas or in sentencing appellant within the statutory range
1338174 Michael Sean Green v. Commonwealth of Virginia 07/17/2018
Trial court erred in revoking appellant’s suspended sentence for events that occurred in 2015 where the trial court no longer had the authority to revoke the suspended sentence after December 14, 2003
1460153 Raymond Louis Harvey, Jr. v. Commonwealth of Virginia 06/19/2018
In accord with the unpublished order entered by the Court, this Court’s February 21, 2017 opinion is withdrawn, the mandate entered that date is vacated, and the judgment of the trial court is affirmed
1975172 Vital Link, Inc. and Argonaut Insurance Company v. Denzil B. Hope 06/19/2018
Commission did not err in awarding benefits to appellee based upon appellee’s evidence of continuing disability
0224171 Dwight Delano Moore v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to suppress where exigent circumstances necessitated the officer’s reasonable and prompt seizure of the loaded firearm
1943171 Dollar Tree Stores, Inc. and Arch Insurance Company v. Kathleen Tefft 06/05/2018
Commission did not err in finding that the composition of the review panel did not contravene statutory requirements and that the appellee reasonably marketed her residual work capacity
1770174 Martha Anne Collins, f/k/a Martha Collins Leeds v. Robert George Leeds 05/29/2018
Trial court did not err in declining to impute income to appellee or in refusing to include appellant’s unrelated legal expenses in determining appellant’s total monthly expenses
0395174 Grace Nadine McGuire v. Commonwealth of Virginia 05/22/2018
Trial court did not err in denying appellant’s motions to strike where it correctly concluded Loudoun County was an appropriate venue
0434172 Russell Ervin Brown, III v. Commonwealth of Virginia 05/22/2018
No error in appellant’s convictions of capital murder, attempted capital murder, attempted murder, and three counts of use of a firearm in the commission of a felony
2056172 Gary Linwood Bush v. Commonwealth of Virginia 05/22/2018
Court issues writ of actual innocence and vacates petitioner's robbery conviction
2057172 Gary Linwood Bush v. Commonwealth of Virginia 05/22/2018
Court issues writ of actual innocence and vacates petitioner's robbery conviction
0825174 Nicholas Gabriel Parker Davis v. Commonwealth of Virginia 05/15/2018
Trial court erred concluding that the juvenile court judge was not a government official for purposes of the reasonable reliance defense
0483172 Leslie Itutu Camp v. Commonwealth of Virginia 05/08/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of felony child neglect in violation of Code § 18.2-371.1(B) where appellant drove her children on the highways of the Commonwealth with a blood alcohol content more than three times the legal limit
1111173 Leroy Ellis v. Commonwealth of Virginia 05/08/2018
Trial court abused its discretion by ordering restitution for damage or loss caused by offenses for which appellant was not convicted
1458171 Kevin Glen Monds v. Laura Marie Monds 05/08/2018
Trial court erred in finding the payment at issue was a gift to the parties’ son and in ordering appellant to pay appellee $10,000 within 60 days
1730173 J. Foster Murphy v. Virginia Department of State Police 05/08/2018
Circuit court did not err in finding that Director of the DHRM was permitted to assign tasks to agency personnel as necessary or convenient to carry out Director’s duties
0281152 Victoria Elizabeth Dufresne v. Commonwealth of Virginia 04/24/2018
Published order in accord with directives of the Supreme Court of Virginia
0482171 Patrick Darnell Hill v. Commonwealth of Virginia 04/24/2018
Trial court did not err in denying appellant’s motion to suppress
0599174 Kevin Cody v. Commonwealth of Virginia 04/17/2018
Trial court did not err in admitting various out-of-court statements by the victim and properly applied the doctrine of forfeiture by wrongdoing where appellant violated a protective order numerous times to unlawfully contact the victim and repeatedly urged her to drop the charges and refuse to testify and victim refused to testify and invoked her rights under the Fifth Amendment
0287173 Major Lance Hillman v. Commonwealth of Virginia 04/03/2018
Evidence was sufficient to prove appellant exposed himself under Code § 18.2-370 and that appellant knew or should have known the victim was less than fifteen years old under Code § 18.2-374.3(C); any error by trial court in admitting photographs harmless
1499174 Braulio M. Castillo v. Loudoun County Department of Family Services 04/03/2018
No error in trial court’s rulings finding appellant abused and neglected his children and terminating appellant’s parental rights to those children
1634174 Debra Levy v. Wegmans Food Markets, Inc. 04/03/2018
No error in Commission’s finding that appellant’s claims were barred by res judicata
1923164 Donald Dravell Robinson v. Commonwealth of Virginia 04/03/2018
Trial court did not abuse its discretion in admitting the unredacted final order where Code § 19.2-295.1 provides for the admission of the appellant’s prior criminal history
0184172 Lamar Shelton Brown v. Commonwealth of Virginia 03/20/2018
Trial court did not err in denying appellant’s motion to suppress; there was a substantial basis for the magistrate to conclude that probable cause existed that criminal activity was occurring so as to justify the search warrant for appellant’s home
1225171 Nancy Marcellette Friedman v. Mona Smith & Laura Goldstein, etc. 03/20/2018
Trial court did not abuse its discretion in granting the motion to bifurcate the divorce matter from the remaining issues or in granting the divorce on the grounds of a one-year separation
1180172 Tesla, Inc. v. Virginia Automobile Dealers Association 02/20/2018
Published order - Appeal dismissed where order appealed from is neither a final order nor an appealable interlocutory order
1181172 Richard D. Holcomb, Commissioner, etc. v. Virginia Automobile Dealers Association 02/20/2018
Published order - Appeal dismissed where order appealed from is neither a final order nor an appealable interlocutory order
2014164 James Bethea, s/k/a James Willie Bethea v. Commonwealth of Virginia 02/20/2018
Trial court did not err in determining prosecutor was credible in giving race-neutral reasons for the challenged peremptory strike, in denying appellant’s request to question a juror about jury deliberations, and in denying appellant’s motion for a mistrial based on alleged juror misconduct
0841171 Denise Hawkins v. Darla Grese 02/13/2018
Trial court did not err in finding appellant was not a parent to the child and that the evidence presented by appellant was insufficient to rebut the parental presumption in favor of appellee
0152172 John Allen Baugh, Jr. v. Commonwealth of Virginia 01/30/2018
Trial court did not err in denying appellant’s motion to dismiss his indictment where the 2007 amendment to the Virginia Sex Offender and Crimes Against Minor Registry Act did not transform the civil statute into a criminal penalty
1900161 Daquan Lamar Scott v. Commonwealth of Virginia 01/30/2018
Trial court did not err in denying appellant’s motion to suppress his identification by the victims where the show-up identifications were not unduly suggestive
1058162 Laurence Maria Smith, s/k/a Laurence Marie Smith v. Commonwealth of Virginia 01/16/2018
Appellant’s conviction of voluntary manslaughter affirmed where appellant was not prejudiced by jury’s decision to find her guilty of that offense; trial court did not err in denying appellant’s motion for mistrial and to set aside the verdict or in denying motion to continue trial to another day
0481173 Terrance Kevin Hall v. Commonwealth of Virginia 01/09/2018
Trial court did not abuse its discretion in imposing mandatory minimum sentences where appellant’s attempt to comply with the provisions of Code § 18.2-248(C) came too late
2108164 Miguel Antonio Reyes v. Commonwealth of Virginia 01/09/2018
Judgment of trial court denying appellant’s request for a continuance under Code § 19.2-159.1 affirmed where request was made the day before the sentencing hearing, failed to demonstrate exceptional circumstances, appellant had previously been granted a continuance, the victim was present, and the Commonwealth and the appointed attorney were prepared to proceed
0559172 Jocelyn Lee Geouge v. Jason Barry Traylor, Dustin Griffith and Tiffany Vadella-Griffith 12/27/2017
No error in trial court’s findings that the Indian Child Welfare Act did not apply in this case, that appellant withheld her consent to adoption of child contrary to child’s best interests, and that legal and physical custody of child would be granted to appellees
0660161 Matthew John Stickle v. Commonwealth of Virginia 12/27/2017
Trial court did not err in admitting evidence where no general search in violation of the Fourth Amendment occurred and did not err in finding justice did not require severance of the charges involving the videos from the remaining charges; evidence was sufficient for jury to convict on all charges
0737172 Jocelyn Lee Geouge v. Jason Barry Traylor, Dustin Griffith and Tiffany Vadella-Griffith 12/27/2017
Final adoption order of appellant’s child affirmed where failure to provide additional notice to appellant would not have changed the circuit court’s decision
0574162 Robert Lee Jones v. Commonwealth of Virginia 12/19/2017
No error in appellant’s conviction of shooting at an occupied vehicle where Code § 18.2-154 encompasses a person’s act of shooting at an occupied vehicle without regard for the shooter’s location and the evidence proved appellant shot at the vehicle while he was inside the vehicle
0902162 Michael Anthony Edwards v. Commonwealth of Virginia 12/19/2017
Trial court did not err in denying appellant’s motion to dismiss where Commonwealth met its burden of proof regarding venue; evidence was sufficient to prove appellant murdered the victim and the Commonwealth eliminated all reasonable hypotheses of innocence
1897164 Choon Poong Lee v. Commonwealth of Virginia 12/19/2017
No error in appellant’s conviction of breaking and entering while armed with a deadly weapon where the evidence proved appellant used the screwdriver for the dual purpose of a burglarious tool and a deadly weapon
0022172 Andrew Vojuan Burrous v. Commonwealth of Virginia 12/12/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the robbers
0117173 Daniel Ernest McGinnis v. Commonwealth of Virginia 12/12/2017
Appellant’s assignment of error barred under Rule 5A:18 where argument that preserved it was in a motion to set aside the verdict signed by the appellant but not signed by appellant’s attorney of record
1884164 Barry Justin Levenson v. Commonwealth of Virginia 12/12/2017
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient for jury to conclude victim’s death was proximately caused by appellant’s intoxicated driving
0281171 Robert Ryan Grasty v. Commonwealth of Virginia 12/05/2017
No error in trial court’s finding that, notwithstanding appellant’s status as a commercial fisherman, his suspended license operated as a complete bar to his privilege to drive
1991162 Raymeka Monique White v. Commonwealth of Virginia 12/05/2017
Trial court did not err in findings that evidence supported a finding of victim’s mental incapacitation within the meaning of Code § 18.2-178.1 and that appellant did not rightfully possess the victim’s debit card when she took it to the ATMs and withdrew cash
0100172 Thormac, LLC, d/b/a, etc. v. Department of Alcoholic Beverage Control, et al. 11/28/2017
Trial court did not err in upholding decision of ABC Board suspending appellant’s alcoholic beverage license for seven days and imposing a fine for failure to comply with Code § 4.1-210
2002161 Angel Alexis Cartagena, a/k/a Veguilla Angel Alexis Cartegena v. Commonwealth of Virginia 11/28/2017
No error in trial court’s finding that evidence was sufficient to prove appellant had a prior felony conviction under laws of New York state and supported prior felony conviction element of his convictions of possession of firearm by felon, attempted possession of firearm by felon, and falsifying a firearm consent form
0525173 Damien Cameron Spencer v. Commonwealth of Virginia 11/14/2017
Trial court did not err in denying appellant’s motion to withdraw his nolo contendere pleas where appellant failed to offer any affirmative evidence of a reasonable defense to his charges
0603172 Dustin Hess v. Virginia State Police 11/14/2017
Commission did not err in denying benefits for appellant’s PTSD where appellant’s traumatic experience was not such a sudden or unexpected shock or fright for a state trooper who received fatal accident and crash scene reconstruction training and had a decade of professional experience in doing so
0458173 Commonwealth of Virginia v. Shawn Lynn Botkin 10/24/2017
Trial court erred in imposing concurrent sentences for appellee’s two convictions under Code § 18.2-308.2 where statute directs the sentences to run consecutively
0731161 Aaron Markeith Gerald v. Commonwealth of Virginia 10/17/2017
No error in finding that object in question was a firearm as defined by law
0052173 Emily Lynn Aponte v. Commonwealth of Virginia 10/10/2017
Trial court did not err in denying appellant’s motion to suppress the certificate of analysis containing her blood test results or in refusing to allow appellant to introduce data evidence at trial; argument that trial court erred in refusing to strike the evidence waived
1948164 John Beverly Chapman, Jr. v. Commonwealth of Virginia 09/26/2017
No error in trial court’s interpretation of Code § 46.2-868(B) to find that the failure of the victim in this case to wear a seat belt was not the proximate cause of his death, leaving appellant’s reckless driving as the sole and proximate cause of the accident and resulting death
1322163 Ashley Jennifer White v. Commonwealth of Virginia 09/19/2017
Judgment of trial court reversed where evidence was insufficient to prove appellant acted with a reckless disregard for her son’s safety and with the knowledge and consciousness that her lack of supervision would likely result in injury to the child *Opinion revised 09/19/2017
3218013 Ashley Jennifer White v. Commonwealth of Virginia 09/19/2017
Judgment of trial court reversed where evidence was insufficient to prove appellant acted with a reckless disregard for her son’s safety and with the knowledge and consciousness that her lack of supervision would likely result in injury to the child *Opinion revised 09/19/2017
1576161 Jahsen Heard v. Commonwealth of Virginia 09/12/2017
Petition for rehearing granted in part and denied in part
1374163 Kaniesha Shatae Hannon v. Commonwealth of Virginia 08/22/2017
Trial court erred in finding evidence was sufficient to convict under Code § 18.2-371.1(B)(1) where evidence did not prove that the children were likely to suffer injury as a result of appellant’s conduct
2069162 Perry Edward Jones v. Lori Michelle Gates 08/22/2017
Because appellee complied with the parties’ property settlement agreement, trial court did not abuse its discretion in denying appellant’s request for attorney’s fees
1284163 Lee Antonio Turner v. Commonwealth of Virginia 08/08/2017
Trial court erred in denying appellant’s motion to dismiss on speedy trial grounds on felony charge where nothing in record shows appellant agreed or concurred in delay of trial or instigated a proceeding which of necessity brought about delay of trial; misdemeanor conviction affirmed where failure to comply with Rule 5A:20(e) is significant
0507162 George Ellis Brown, Jr. v. Commonwealth of Virginia 08/01/2017
Appellant’s conviction of involuntary manslaughter affirmed where trial court applied a proper standard for criminal negligence to the facts of this case and the evidence was sufficient to prove appellant’s actions were criminally negligent
1998152 Latron Dupree Brown v. Commonwealth of Virginia 08/01/2017
Trial court did not err in denying appellant’s motion to suppress where the protective sweep of appellant’s apartment did not taint issuance of search warrant; issue regarding appointment of fifth attorney not addressed where appellant’s conditional guilty plea did not reserve right to challenge that ruling on appeal
0153172 Riverside Regional Jail Authority & VML Insurance Programs v. Morrissa Dugger 07/25/2017
No error in Commission’s award of medical benefits where appellee suffered a compensable injury by accident arising out of and in the course of her employment
2012163 Janine Helen Adelman Browning v. Larry Grant Browning 07/25/2017
Judgment of trial court affirmed where a trial transcript that was not timely filed is indispensable to resolution of the assignments of error raised on appeal
1553163 Bryan Dunnington Cocke v. Commonwealth of Virginia 07/11/2017
Trial court did not err in finding that the accident at issue resulted in more than $1,000 of damage to property, as required by the statute for a felony conviction
1542162 Hassan Christopher Atkins v. Commonwealth of Virginia 07/05/2017
Trial court did not abuse its discretion in admitting text messages and a tweet as the Commonwealth adequately authenticated the evidence
0867162 Tyrone Logan, s/k/a Tyrone Lamont Logan v. Commonwealth of Virginia 06/20/2017
Trial court did not err in finding evidence was sufficient to prove appellant was the shooter and that he shot at the victim with malice; trial court erred in preventing appellant from proffering the testimony of additional sentencing witnesses
1073164 Edy Canales v. Marvin Alejandro Torres Orellana 06/20/2017
Trial court did not err in finding it lacked jurisdiction to make separate Special Immigrant Juvenile findings of fact or in crossing out the specific Special Immigrant Juvenile findings in the custody order
1336163 Timothy Kenneth Bartley v. Commonwealth of Virginia 06/20/2017
Court finds appellant’s sole assignment of error waived under Rule 5A:20(e)
0617162 Justo Mazariegos Campos v. Commonwealth of Virginia 06/13/2017
Trial court did not abuse its discretion in admitting testimonial statements made by victim to medical provider, except the statement regarding threat to the victim, where the statements were admissible under the medical treatment exception to Rule of Evidence 2:803(4); appellant had opportunity to cross-examine victim satisfying his Sixth Amendment challenge
1546162 Judy Kay Reaves v. James Kelly Tucker 06/13/2017
Trial court did not err in refusing to stay the scheduled trial after appellant filed a notice of appeal of a nonappealable interlocutory order; trial court did not abuse its discretion in enforcing the pretrial scheduling order and the pretrial conference order
1146162 Freddie Beckham, III v. Commonwealth of Virginia 05/30/2017
Trial court did not err in admitting two prior driving under the influence convictions from Florida to enhance appellant’s driving under the influence and refusal to submit to a breathalyzer charges where the Florida statutes are substantially similar to the Virginia statutes
1388164 Drew Tidwell v. Jennifer Late 05/30/2017
Trial court’s order regarding amount of child support reversed and remanded to trial court to calculate presumptive amount of child support and then determine whether application of the guidelines would be unjust or inappropriate; remainder of judgment affirmed
0308164 Charles Stanard Severance v. Commonwealth of Virginia 05/23/2017
Trial court did not err in joining the charges in the three murder cases or in sentencing appellant for two capital murders; evidence was sufficient to support convictions
1088161 Calvin Donnell Jennings v. Commonwealth of Virginia 05/02/2017
Trial court erred in failing to strike the Commonwealth’s evidence where the DNA evidence was insufficient to prove appellant was the person who perpetrated the robbery
1150161 Stephen Keith White v. Commonwealth of Virginia 05/02/2017
Appellant’s conviction of making a false statement in connection with a firearm purchase affirmed where the evidence proved appellant’s guilt beyond a reasonable doubt and the trial court did not have inherent authority to acquit or to convict appellant of a lesser offense
0922163 Tina Marie Bryant v. Commonwealth of Virginia 04/25/2017
Evidence was sufficient for jury to find appellant acted with criminal negligence when she fired a gun in reckless disregard of the safety of others in the occupied hotel; trial court did not err in refusing appellant’s proffered jury instruction where it was not an accurate statement of the law
1620164 Paula Smith-Adams v. Fairfax County School Board 04/25/2017
Commission did not err in enforcing a termination agreement and denying appellant’s request for benefits and penalties pursuant to a June 2005 award
0714163 Najee Finique Hairston v. Commonwealth of Virginia 04/11/2017
Trial court did not err in denying appellant’s motion to suppress where probable cause to arrest appellant did not grow stale and his seizure did not violate the Fourth Amendment
1460153 Raymond Louis Harvey, Jr. v. Commonwealth of Virginia 04/11/2017
Petition for rehearing en banc granted
1017163 Crystal Ann Coomer v. Commonwealth of Virginia 04/04/2017
Trial court erred in finding evidence sufficient to convict appellant of felony child endangerment where there was no evidence of a substantial risk or probability of serious injury or death to the child arising from the accident and appellant’s actions do not rise to the level required for a felony conviction
0294163 Anthony Wade Ragland v. Commonwealth of Virginia 03/28/2017
No error in trial court’s finding that appellant possessed a cellular telephone in a jail facility without permission
1281162 Virginia Board of Medicine v. John Henry Hagmann, M.D. 03/21/2017
Trial court erred in ruling that appellant should have granted the appellee’s motion for a continuance; matter remanded to trial court to reinstate judgment revoking appellee’s license to practice medicine
0543163 Amanda Barbara Nichole Taylor v. Commonwealth of Virginia 03/14/2017
Trial court did not err in refusing to strike a potential juror for cause where’s juror’s unequivocal statements indicated he could set aside his preconceived opinion and decide the case solely on the evidence produced at trial
1291162 VA Board of Medicine & VA Department of Health Professions v. Leila Hadad Zackrison, M.D. 03/14/2017
Trial court erred in concluding decision of appellant prohibiting appellee from testifying as an expert witness at her hearing was a due process violation; lack of specific proffer as to what her expected testimony would have been does not allow Court to say that appellee suffered prejudice from the erroneous ruling
0051162 Gregory A. Richardson v. Commonwealth of Virginia 03/07/2017
Appellant’s conviction of indecent exposure third offense in ten years reversed and remanded to trial court where trial court’s conviction orders do not reflect that appellant consented to a waiver of his right to trial by jury or to a bench trial as required by the Constitution
0047164 Carroll Edward Gregg, Jr. v. Commonwealth of Virginia 02/28/2017
Trial court erred in imposing consecutive sentences for convictions of common law involuntary manslaughter and involuntary manslaughter in violation of Code § 18.2-154 as it violated the double jeopardy violation against multiple punishments for the same offense
0877161 Jeff Charles Hammer, M.D., et al. v. D.S., Crystal Senecal, et al. 02/28/2017
No error in Commission’s finding that while the statutory presumption applied, appellees’ evidence was sufficient to rebut the presumption and found that child’s brain injury occurred because of his extreme prematurity and immature lungs, not because of oxygen deprivation suffered during labor and delivery
1182161 Northrop Grumman Shipbuilding, Inc., n/k/a, etc. v. Wardell Orthopaedics, P.C. 02/28/2017
Commission did not err in exercising jurisdiction over appellee’s application or its award of medical services to appellee where settlement order entered by parties provided that appellant would be responsible for payment of costs associated with claimant’s accident through date of entry of settlement order
1183161 Newport News Shipbuilding & Dry Dock Co., n/k/a, etc. v. Wardell Orthopaedics, P.C. 02/28/2017
Commission did not err in awarding appellee an additional fee for services associated with a claimant’s industrial accident
0175161 Rayshawn Torrell Greer v. Commonwealth of Virginia 02/21/2017
Appeal dismissed insofar as it pertains to merits of appellant’s conviction where notice of appeal was not timely filed regarding conviction; law of case doctrine prevents reconsideration of prior decision of this Court in this case regarding appellant’s sentence
0328161 Antonio Passaro, Jr. v. Virginia Department of State Police 02/21/2017
Trial court did not err in affirming decision of hearing officer declining to reinstate appellant to employment where hearing officer did not act “contradictory to law”
1460153 Raymond Louis Harvey, Jr. v. Commonwealth of Virginia 02/21/2017
Trial court erred in denying appellant’s motion to dismiss the indictments where appellant’s right to a speedy trial was violated and he did not waive his right to a speedy trial
1937151 Chezmin Brittany Suter v. Commonwealth of Virginia 02/21/2017
Appellant’s conviction of accessory after the fact to murder reversed where the completed felony of murder had not occurred when appellant offered aid to the principal as victim’s death was two days after appellant drove the getaway car from the scene of the shooting
0457162 Sheng Jie Jin v. Commonwealth of Virginia 02/14/2017
No error in trial court’s finding that each of appellant’s attacks on the victim constituted a separate, complete attempt to murder and trial court did not abuse its discretion by limiting appellant’s cross-examination of one of the victim’s brothers
2055152 Alfred Banks, Jr. v. Commonwealth of Virginia 02/14/2017
Trial court did not err in refusing appellant’s proposed instructions regarding appellant’s contact with victim that occurred before time period alleged in warrant as relevant to “on more than one occasion” element of the offense or in admitting that evidence; evidence was sufficient to prove appellant instilled a reasonable fear of death, criminal sexual assault or bodily injury
0169161 Jennifer Jo Broadous v. Commonwealth of Virginia 02/07/2017
Trial court did not err in denying appellant’s motion to apply the affirmative defense afforded by Code § 18.2-251.03 where the intent of that statute does not provide an affirmative defense to prosecution to an individual who passively receives emergency medical attention and provides an affirmative defense only to the individual making the emergency report
0053162 Manneh Vay v. Commonwealth of Virginia 01/31/2017
Trial court did not err in denying appellant’s motion to strike the evidence of abduction with intent to defile, in refusing to give a proposed jury instruction on the law of incidental detention, in not conducting voir dire on whether voluntarily waived his right to testify, in refusing to strike a juror for cause, or in its response to two jury questions
0982164 Arthur G. Kahn v. Eileen McNicholas 01/31/2017
Trial court did not err in holding appellant in contempt of court for his willful failure to comply with an order of the court and terms of the parties’ PSA as incorporated into the final decree where the monetary awards set forth in the parties’ PSA and incorporated into final decree were enforceable through trial court’s contempt power
1874152 Abdul Lateef Salahuddin v. Commonwealth of Virginia 01/31/2017
Trial court did not err in denying appellant’s motion to suppress where officers’ entry into hotel room was reasonable under the Fourth Amendment, in finding evidence sufficient to prove obstruction of justice; any error by admitting challenged testimony regarding weight of the heroin harmless
0795152 Thomas James Synan, II v. Commonwealth of Virginia 01/24/2017
Trial court did not err in admitting statements under the excited utterance exception to the hearsay rule or in finding evidence to sufficient to convict appellant of malicious wounding, two counts of assault and battery, and driving under the influence
1640153 Michael Scott Coffman v. Commonwealth of Virginia 01/10/2017
Trial court did not err in admitting certificate of analysis of a blood sample obtained by a registered nurse not designated by order of a circuit court where Code § 18.2-268.5 properly authorizes registered nurses, by virtue of their licensure, to withdraw blood for purposes of establishing the blood alcohol content
0524161 Junious P. Bartlett v. City of Newport News Department of Human Services 12/20/2016
No error in trial court’s finding that it had subject matter jurisdiction and active jurisdiction where the form petition signed by a nonattorney employee of appellee was a valid pleading that did not constitute the unauthorized practice of law by those employees
0628161 Arete Nicole Rudolph v. City of Newport News Department of Human Services 12/20/2016
No error in trial court’s finding that it had subject matter jurisdiction and active jurisdiction where the form petition signed by a nonattorney employee of appellee was a valid pleading that did not constitute the unauthorized practice of law by those employees
0629161 Arete Nicole Rudolph v. City of Newport News Department of Human Services 12/20/2016
No error in trial court’s finding that it had subject matter jurisdiction and active jurisdiction where the form petition signed by a nonattorney employee of appellee was a valid pleading that did not constitute the unauthorized practice of law by those employees
1826151 Junious Pernell Bartlett v. City of Newport News Department of Human Services 12/20/2016
No error in trial court’s finding that it had subject matter jurisdiction and active jurisdiction where the form petition signed by a nonattorney employee of appellee was a valid pleading that did not constitute the unauthorized practice of law by those employees
1851153 Cedric Detavius Sandidge v. Commonwealth of Virginia 12/20/2016
Trial court did not err in imposing the mandatory minimum sentences for appellant’s convictions of distribution of cocaine, third or subsequent offense where appellant did not comply with subpart (e) of Code § 18.2-248(C) before commencement of the sentencing hearing
1861151 Arete N. Rudolph v. City of Newport News Department of Human Services 12/20/2016
No error in trial court’s finding that it had subject matter jurisdiction and active jurisdiction where the form petition signed by a nonattorney employee of appellee was a valid pleading that did not constitute the unauthorized practice of law by those employees
1913151 Arete N. Rudolph v. City of Newport News Department of Human Services 12/20/2016
No error in trial court’s finding that it had subject matter jurisdiction and active jurisdiction where the form petition signed by a nonattorney employee of appellee was a valid pleading that did not constitute the unauthorized practice of law by those employees
0058164 Sean Patrick Wolfe v. Commonwealth of Virginia 12/13/2016
Trial court did not err in denying appellant’s motion to suppress his blood test results after finding appellant’s blood draw was lawful under the implied consent exception to the search warrant requirement or in allowing testimony from the officer about appellant’s failure to take the breath test where it was to explain why the blood test was necessary
1421154 Charles Albert Massey, III v. Commonwealth of Virginia 12/13/2016
Trial court did not err in denying appellant’s motion for a new trial for failure to disclose exculpatory evidence, in not finding certain police reports exculpatory, in admitting the deceased victim’s preliminary hearing testimony during the Commonwealth’s case-in-chief, or in excluding a text message sent by the victim to a friend the day of the preliminary hearing
1544151 Francisco Hernandez, s/k/a Francisco Alberto Hernandez v. Commonwealth of Virginia 12/06/2016
Trial court erred in not allowing appellant to withdraw his guilty pleas based on a material mistake of fact, having been erroneously advised by his attorney concerning the availability of an insanity defense
1658153 Charlie Luther Wilson, Jr. v. Commonwealth of Virginia 11/29/2016
Trial court erred in revoking appellant’s suspended sentence where it no longer had jurisdiction to do so
2039153 Jack Eugene Turner v. Commonwealth of Virginia 11/22/2016
Trial court did not err in convicting appellant of displaying a noose with intent to intimidate where the use of an intimidating and threatening display on his own premises constituted a violation of the law where appellant displayed a noose and dummy in a place and manner to communicate threats to others
0038163 Nathan Osburn v. Virginia Department of Alcoholic Beverage Control 11/15/2016
No error in trial court’s decision upholding decision terminating appellant from his position as a special agent for appellee where appellant violated the Fourth Amendment rights of the license applicant and the newly discovered evidence referred to by appellant is an not subject to judicial review
0729164 J.V., a Minor, by her Mother and Next Best Friend, Anette H. Veldhuyzen v. Stafford County School Bd 11/15/2016
Trial court erred in concluding child was not a child with a disability within the context of the IDEA on the basis that child’s parent purportedly refused to consent to the eligibility group’s conclusion
0191163 Robert Allen Hutton v. Commonwealth of Virginia 11/08/2016
Error in trial court’s finding that evidence was sufficient to prove appellant maintained a custodial or supervisory relationship over the victim
0263162 Melanie Lynn Rhodes v. Delmar Lang and Susan Lang 11/08/2016
Trial court did not err in ordering appellees continue to have visitation with their grandchildren, as originally ordered by Ohio courts, where trial court applied the material change in circumstances plus best interest of the children standard to appellant’s motion to amend and that standard did not violate appellant’s parental rights
1577154 Richard Daniel Peters, Jr. v. Commonwealth of Virginia 11/08/2016
No error in trial court’s finding that evidence was sufficient to prove appellant had received notice that he did not have a valid driver’s license at the time of the offense based on appellant’s statement to officer, his presence at previous trials for driving on a suspended license, and the DMV transcript of his driving record
1728152 Claudia Kathleen Pitts v. Commonwealth of Virginia 11/08/2016
Trial court did not err in applying plain terms of statute and in finding the enhanced penalty provision of Code § 18.2-104 was applicable where at the time of the present conviction appellant had been twice convicted of larceny
2047154 Franklin Minor v. Commonwealth of Virginia 11/08/2016
Appeal dismissed as this Court lacks jurisdiction to consider issues raised by appellant where trial court lacked jurisdiction to consider appellant’s motion to withdraw his guilty pleas
1349154 Juan Carlos Reyes v. Commonwealth of Virginia 10/25/2016
Trial court did not err in granting motion to quash the subpoena for appellant’s co-defendant where it properly balanced appellant’s Sixth Amendment right to compel evidence in his favor against the co-defendant’s Fifth Amendment right to be free from self-incrimination
1404153 James Willis Campbell, Sr. v. Commonwealth of Virginia 10/25/2016
Appellant’s conviction of manufacturing methamphetamine reversed where a search is invalid and evidence obtained in the search is inadmissible if the search warrant affidavit, including the sworn statements providing probable cause, is not filed with the clerk for a period of 30 days from the issuance of the execution of the warrant
0281152 Victoria Elizabeth Dufresne v. Commonwealth of Virginia 10/18/2016
Upon Rehearing En Banc – conviction of grand larceny affirmed where appellant invited error when she directly asked the trial court to enter a conviction of grand larceny and trial court did not abuse its discretion when it held appellant to her invited error
1330153 Rudolph David Taylor v. Commonwealth of Virginia 09/13/2016
Trial court did not err in denying appellant’s motion to suppress where the anticipatory warrant authorizing the search of appellant’s residence was supported by probable cause
1340153 Rudolph David Taylor v. Commonwealth of Virginia 09/13/2016
Trial court did not err in denying appellant’s motion to suppress where the anticipatory warrant authorizing the search of appellant’s residence was supported by probable cause
1893154 Mall Amusements, LLC, d/b/a King Pinz v. Virginia Department of Alcoholic Beverage Control 09/13/2016
Trial court did not err in affirming decision of Board based on its finding that the hearing officer’s questions to the witness did not exceed her power and that even if they did, the error was harmless
1702154 Rebecca Allen v. Joseph William Allen 08/30/2016
Trial court did not err in denying appellant’s plea in bar where intent of parties in entering contract was to ensure appellant maintained her health insurance not to bar appellee from seeking a divorce for 20 years and contract provided remedy should appellee breach contract or in awarding $12,500 in attorney’s fees to appellant
0879154 José Rafael Salazar v. Commonwealth of Virginia 08/23/2016
No error in trial court’s finding that evidence was sufficient to prove that appellant possessed the requisite intent to defraud when he used the victim’s social security number to obtain a loan and that such violation resulted in a financial loss in excess of $200
0576152 King William County and Virginia Association of Counties Group v. Linda Jones 08/09/2016
Upon Rehearing En Banc – award of disability benefits reversed where record does not support conclusion that appellee’s partial disability caused her to suffer an economic loss
1715152 Sue Karr, et al. v. Virginia Department of Environmental Quality and David K. Paylor, Director 08/09/2016
Decision of trial court overruling appellees’ plea in bar affirmed where appellants’ notice of appeal was timely filed; decision of trial court regarding appellees’ authority to determine what constitutes a significant adverse impact on wildlife and appropriate triggers for creation of mitigation plans affirmed
0557152 Jesse Gregory Edmond v. Commonwealth of Virginia 08/02/2016
Trial court did not err in denying appellant’s motion to suppress where officer, under collective knowledge doctrine, lawfully stopped the vehicle in which appellant was riding
1479152 Carlos Matthew Bell v. Commonwealth of Virginia 08/02/2016
Trial court erred in denying appellant’s proposed instruction on justifiable self-defense where appellant presented evidence to support his claim of self-defense
0854154 Kevin Coe v. Seon Hwa Coe 07/26/2016
No error in trial court’s findings that appellee met her burden to establish child’s habitual residence was Korea, that appellant violated appellee’s custody rights, that appellant had an opportunity to object to final order, and that award of attorney’s fees and costs to appellee was appropriate; additional arguments barred by Rules 5A:18 and 5A:20
1975153 Robert Van Buren, Sr. v. Augusta County and Virginia Association of Counties Group Self Insurance 07/19/2016
Commission erred in finding appellee did not suffer an injury by accident and in denying appellee medical benefits and temporary total disability benefits
1209153 Lewis Daniel Nimety v. Commonwealth of Virginia 06/28/2016
Trial court did not abuse its discretion in permitting appellant’s attorneys to have liberal access to images upon child pornography charges were based while prohibiting them from obtaining copies of those images
0517153 Timothy Lawrence Doscoli v. Commonwealth of Virginia 06/21/2016
No error in trial court’s finding that officer had probable cause to arrest appellant where arrest was not based on content of appellant’s speech and appellant had no right to resist a lawful arrest
0864152 Wayne Antonio Bland, Jr. v. Commonwealth of Virginia 06/07/2016
Trial court did not err in denying appellant’s motion to suppress where the observations made by the officers combined with information from eyewitness informant provided requisite suspicion to stop appellant and authorized the officers to frisk appellant for weapons
0148153 Donald Keith Epps v. Commonwealth of Virginia 05/31/2016
No error in trial court’s finding that evidence was sufficient to prove abduction and assault and battery were two distinct crimes, committed at different times, and in different rooms of house; delayed entry of presentment order is not a substantive violation that invalidates indictment or deprives trial court of jurisdiction over appellant
0933151 Arthur Amil Zebbs v. Commonwealth of Virginia 05/17/2016
Trial court did not err in finding appellant violated terms of his probation where his Fifth Amendment rights were not violated as he faced no possibility of criminal prosecution for admitting crimes during sex offender treatment for which he was on probation as a result of an Alford plea
1117151 Lamarr Ramon Masean Smith v. Commonwealth of Virginia 05/17/2016
No error in trial court’s finding that evidence was sufficient to support conviction of felony hit and run where appellant failed to disclose that he was the driver of the vehicle to the officer at the scene of the accident
0767151 Lashant Leonardo White v. Commonwealth of Virginia 05/10/2016
Trial court did not err in denying appellant’s motion to suppress evidence from his person where initial encounter was consensual and appellant voluntarily consented to a search of his person; trial court erred in denying motion to suppress evidence recovered from bag in motel room where no evidence proved appellant’s girlfriend had actual or apparent authority to consent to search
1271153 Rochelle Lee Eaton v. Washington County Department of Social Services 05/10/2016
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to her child and approve foster care plan with goal of adoption
0738153 Cynthia Leatrice Porter v. Commonwealth of Virginia 05/03/2016
Appellant’s argument that trial court erred in refusing to instruct jury on distribution for accommodation barred by Rule 5A:18 where she failed to submit the instruction at the conclusion of the sentencing evidence when she had submitted evidence after trial court denied the instruction at the sentencing instruction conference
1270152 John Dixon O'Malley v. Commonwealth of Virginia 05/03/2016
As this appeal of determination that appellant’s dog was dangerous is civil in nature, it is transferred to Supreme Court of Virginia pursuant to Code § 8.01-677.1
0135151 Gregory Edward Leonard, II v. Commonwealth of Virginia 04/26/2016
Appellant’s conviction of driving under the influence affirmed but matter remanded to trial court for resentencing for a second offense where appellant’s successful invocation of collateral estoppel barred conviction for driving under the influence third offense
0997151 Charles Jayson Beck, s/k/a Charles Jason Beck v. Commonwealth of Virginia 04/26/2016
No error in trial court’s finding that evidence was sufficient to prove statutory burglary where it proved that the victims’ living quarters and the apartment occupied by appellant constituted separate dwellings and appellant committed a breaking when he entered the victims’ living quarters and committed larceny
0701151 Shawanda S. Thorne v. Commonwealth of Virginia 04/19/2016
No error in trial court’s finding that evidence was sufficient to prove that based on appellant’s behavior, officer was completely unable to perform his duties related to the basis of the traffic stop; conviction of obstruction of justice affirmed
2225141 Scott Farver Morehead v. Commonwealth of Virginia 04/19/2016
No error in trial court’s finding that venue was proper in James City County where the victim clearly received the illegally disseminated images in James City County
0397152 Charles C. Girard, s/k/a Charles Cornell Girard v. Commonwealth of Virginia 04/12/2016
Trial court did not err in finding evidence was sufficient to prove appellant was a previously convicted felon based upon the direct and circumstantial evidence that appellant had been previously convicted of a felony in New York
0548152 Derek Justice Doggett v. Commonwealth of Virginia 04/12/2016
No error in trial court’s finding that evidence was sufficient to prove appellant was racing, that appellant acted in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, and that those actions caused bodily injury to another
1252141 Angela Maye Holt v. Commonwealth of Virginia 04/12/2016
Upon Rehearing En Banc – review on merits of appellant’s argument regarding her conviction of obtaining money by false pretenses barred by Rule 5A:18 and ends of justice exception does not apply in this case; panel decisions regarding issues not before Court on en banc review reinstated
1025154 Theodore V. Mundy, III v. Alison D. Mundy 04/05/2016
Trial court erred in finding the statutory standard for the Code § 20-107.1(B) exception was met by appellee in this case; award of spousal support reversed and dismissed
1304154 Charles Staton v. The Brothers Signal Company, et al. 04/05/2016
Commission erred in denying medical benefits and temporary total disability benefits to appellant on the basis that his knee injury was the expected result of an activity that violated his medical restrictions and did not constitute an injury by accident where no evidence proved any violation predictably resulted in injury to his knee
0947154 Naa Lamiley Williams v. Capital Hospice and Companion Property & Casualty Insurance Company 03/29/2016
No error in Commission’s finding that Code § 65.2-309(C) is limited to actions where an employer is exercising its right of subrogation by prosecuting tort case against third party, that appellant is not entitled to money from appellees’ recovery of workers’ compensation lien because appellees did not benefit of lien, and appellees did not prejudice her right to pursue own claim
0221154 Juan Daniel Vaca Diez Nunez v. Commonwealth of Virginia 03/22/2016
Any error by trial court in imposing sentence on appellant in his absence harmless where court was not required to continue case indefinitely, appellant was present during guilt phase and when the presentence was reviewed, appellant’s undisputable failure to comply with the terms of his suspended sentence, and appellant received a lenient sentence
1897142 James Edward Mercer v. Commonwealth of Virginia 03/22/2016
Trial court did not err in denying appellant’s motion to set aside the verdict and for a new trial where no Brady violation occurred as the evidence in question was not favorable to appellant and its disclosure would not have created a reasonable probability that the result would have been different
0225153 Keith Alexander Mayberry v. Commonwealth of Virginia 03/08/2016
Trial court did not err in refusing to admit transcript of victim’s preliminary hearing testimony or in refusing to give an instruction to the jury regarding “accidental touching” where that was not the defense theory of the case and was not supported by the evidence presented at trial
0315153 Lamont Anthony Woods v. Commonwealth of Virginia 03/08/2016
Trial court did not err in denying appellant’s request for a jury instruction on voluntary manslaughter where there was not more than a scintilla of evidence of appellant’s heat of passion being the reason for the victim’s death
2175143 Christian John Prekker v. Commonwealth of Virginia 03/08/2016
Trial court did not err in applying Code § 18.2-308.2’s mandatory minimum sentence provisions to appellant and Code § 18.2-308.2 was not unconstitutional as applied to appellant
0426153 Justina Alice Dunne v. Commonwealth of Virginia 02/23/2016
No error in appellant’s conviction of making a false report to a police officer where the false description of what occurred between her and officer alleged the commission of a crime and her description of that offense to another officer constituted a report
1195153 James Lee Frango v. Commonwealth of Virginia 02/23/2016
Trial court erred in finding evidence was sufficient to prove value of trees stolen was $200 or more and erred in sentencing appellant above statutory maximum for unrelated petit larceny conviction; remanded to trial court for new trial on lesser-included offense of petit larceny of trees and resentencing on unrelated petit larceny conviction
1981144 Deborah MacDougall v. Richard S. Levick 02/23/2016
Upon a Rehearing – no error in trial court’s findings with regard to whether appellant contracted a valid marriage with appellee and the enforceability of the parties’ marital agreement
1982144 Richard S. Levick v. Deborah MacDougall 02/23/2016
Upon a Rehearing - trial court did not abuse its discretion in refusing to compel reimbursement of pendent lite support and attorney’s fees following its finding that the parties’ marriage was void
1911144 Robert Jared Newton v. Rachel Angeline Jones, f/k/a Rachel Angeline Newton 02/16/2016
Appeal dismissed where this Court does not have jurisdiction under Code § 19.2-318 or Code § 17.1-405 to review a trial court’s ruling that a party is not in contempt
0327153 Keland Oneal Shelton, s/k/a Keland O'Neal Shelton v. Commonwealth of Virginia 02/09/2016
Trial court did not abuse its discretion when it ordered restitution for the financial loss suffered as a result of the officer’s injuries where appellant’s escape was the direct cause of the officer’s injuries
0363153 Christopher Eugene Wilson v. Commonwealth of Virginia 02/09/2016
No error in trial court’s finding that the structure appellant attempted to burn was a storehouse for purposes of Code § 18.2-79
0511151 Michael Paul Reid v. Commonwealth of Virginia 02/02/2016
No error in trial court’s finding that evidence was sufficient to prove appellant took possession and ownership of the victims’ funds and employed false pretenses; convictions of obtaining money by false pretenses affirmed
0586151 Nicholas David Pelloni v. Commonwealth of Virginia 02/02/2016
No error in trial court’s finding that evidence was sufficient to prove appellant refusal to provide basic veterinary care for puppy demonstrates his intentionality and his awareness of the likely result of his inaction; conviction of felony cruelty to animals affirmed
0611151 Jeffrey D. Wells v. Commonwealth of Virginia 01/26/2016
Judgment of trial court affirmed where appellant failed to properly preserve an objection to the admissibility of trooper’s testimony
0499141 Jerome Alexander Griffin v. Commonwealth of Virginia 01/12/2016
Trial court did not abuse its discretion by denying appellant’s motion to withdraw his guilty pleas where appellant waived his ability to withdraw his pleas both through a written plea agreement and orally before the court
0576152 King William County and Virginia Association of Counties Group v. Linda Jones 01/12/2016
Petition for rehearing en banc is granted with regard to the issue(s) raised therein, the mandate entered on December 1, 2015 is stayed pending the decision of the Court en banc, and the appeal is reinstated on the docket of this Court
2344141 Patrick Franklin Graves, Jr. v. Commonwealth of Virginia 01/12/2016
Trial court erred in granting instruction on flight in his felony eluding trial but that non constitutional error was harmless where it could not have influenced jury in its determination of the disputed evidence as to who was driving vehicle when pursuit occurred and the offender eluded the officer
0123151 Crystal Gail Ramsey v. Commonwealth of Virginia 12/29/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was acting “without authority” when she used VCIN for non-criminal justice purposes
0029153 Heather Hogston Lambert v. Commonwealth of Virginia 12/22/2015
Trial court erred in substituting the policies of the School Board and Scott County for the “official capacity” standard established by the General Assembly in Code § 18.2-57(G) and the statutory standard of due deference was not appropriately withheld
0063151 Marquis Durrell Jennings v. Commonwealth of Virginia 12/22/2015
Trial court erred in overruling appellant’s best evidence objection to the testimony of witness regarding the value of jeans stolen
0954141 Jerrell Cortez Edwards v. Commonwealth of Virginia 12/22/2015
Trial court did not err in denying appellant’s proffered jury instructions where the evidence did not warrant granting either of the instructions on lesser-included offenses
0716151 Amanda Swanson Niblett v. Jason Daniel Niblett 12/15/2015
Trial court erred by not considering appellee’s recent past earnings when deciding whether appellee’s voluntary unemployment should result in a deviation from the presumptive child support guidelines
1428142 Michael N. Currier v. Commonwealth of Virginia 12/15/2015
Trial court did not err in finding the Double Jeopardy Clause did not bar a second trial or in admitting evidence regarding appellant’s involvement in a burglary and larceny
1470142 Jason Merritt Overbey v. Commonwealth of Virginia 12/15/2015
Trial court did not err in denying appellant’s motion to suppress where it determined that appellant initiated a conversation with officer following his earlier request for counsel
0279152 Kal Robert Molinet v. Commonwealth of Virginia 12/08/2015
Evidence was sufficient for jury to conclude that appellant acted with a clear intent to prevent a law-enforcement officer from performing his duties without just cause
1960141 Jonta Ramsey v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s motion to withdraw his guilty pleas where it was not made in good faith, appellant did not provide any proffer or testimony of a reasonable defense to the charges, and the Commonwealth could suffer significant prejudice if appellant was allowed to withdraw his guilty pleas
2145144 Peter Weidlein v. Mimi C. Weidlein 12/08/2015
Upon motion of the parties, briefing schedule suspended, decision of the panel rendered October 6, 2015 vacated, appeal dismissed, and case remanded to the trial court
2270144 Michael Hugh Palmer Murphy v. Corie Ann Murphy 12/08/2015
Trial court did not err in refusing to impute income to appellee where appellee’s decision to change jobs was reasonable and in good faith
0174153 Leslie Hermaned Green, Jr. v. Commonwealth of Virginia 12/01/2015
Trial court did not err in revoking appellant’s suspended sentence where double jeopardy protections do not apply in probation violation hearings and appellant failed to provide Court with sufficient record to determine if any due process violation occurred
0576152 King William County and Virginia Association of Counties Group v. Linda Jones 12/01/2015
No error in Commission’s findings regarding its decision to credit appellee’s evidence, regarding safety rule issue, regarding stipulation between parties as to injured body parts, and appellee’s light-duty status; Commission erred in finding appellee’s inability to obtain employment after being laid off was causally related to her partial disability
1827143 James Scott Witherow, II v. Commonwealth of Virginia 12/01/2015
Trial court erred in denying appellant’s tendered jury instructions allowing the jury the option of considering the lesser-included offenses of unlawful wounding and assault and battery
1871143 Waylon Allen Cox v. Commonwealth of Virginia 12/01/2015
Trial court erred in admitting probation officer’s testimony and probation violation report over appellant’s objection without good cause and violated appellant’s right to due process under the Fourteenth Amendment
0693141 Claude Davis v. Commonwealth of Virginia 11/24/2015
No error in appellant’s convictions where appellant had been provided with a Franks hearing during an earlier hearing, the witness’ testimony was not hearsay and was admissible, and evidence was sufficient to support convictions
0079154 Kirk T. Milam v. Sheila J. Milam 11/17/2015
Trial court erred in setting condition 5 automatically revoking appellant’s suspended sentence for contempt which did not provide appellant notice and an opportunity to be heard; remainder of judgment regarding income of parties and appellant’s child support obligation affirmed
1187141 Robert Lee McLaughlin, Jr. v. Commonwealth of Virginia 11/17/2015
Trial court did not err in denying appellant’s motion to suppress where it found probation officer had apparent authority to enter house and bedroom where officer saw weapon in plain view
1374142 Donna Marie Porter v. Commonwealth of Virginia 11/17/2015
No error in trial court’s findings that the 2008 sentencing order requiring appellant to pay restitution constituted both a condition of her suspended sentence and a freestanding obligation to pay restitution and that the contempt charged against appellant was not time-barred
1746142 Candice Cossitt-Manica, s/k/a Candace Cossitt-Manica v. Commonwealth of Virginia 11/17/2015
Record does not contain sufficient evidence to provide the strong independent corroboration required to support a conviction for perjury; conviction reversed and indictment dismissed
2138141 Traer Ramon Tisdale v. Commonwealth of Virginia 11/17/2015
Trial court did not abuse its discretion in excluding evidence of appellant’s voluntary intoxication offered to rebut presumption where intoxication evidence was irrelevant to elements of first-degree murder by lying in wait
2302144 William Edward Freeman, Jr. v. Commonwealth of Virginia 11/17/2015
Trial court did not err in denying appellant’s motion to suppress where officer had a reasonable suspicion that objects hanging from appellant’s rearview mirror obstructed appellant’s view of the highway and the search was constitutional
0697152 Cris R. Anderson v. Cris R. Anderson, d/b/a Anderson Plumbing and Firstcomp Insurance Company 11/10/2015
No error in Commission’s finding that appellant unjustifiably refused vocational rehabilitation services; Commission’s decision regarding compensable consequences of appellant’s later fall reversed and remanded to Commission for factual determinations
1931141 Geoffrey Narcisco Rivera v. Commonwealth of Virginia 11/10/2015
No error in trial court’s finding that the Fourth Amendment violation in this case did not require the exclusion of the evidence obtained from the warrantless search of appellant’s cell phone where officer had good faith belief that a search was authorized by law
2141141 Antonio Hall, a/k/a Antonio Barrow v. Commonwealth of Virginia 11/10/2015
Trial court did not err in allowing witness to authenticate photograph while on witness stand, in concluding the Commonwealth complied with the signature requirement of Code § 19.2-270.1, or in admitting prior conviction orders into evidence
2145144 Peter Weidlein v. Mimi C. Weidlein 11/10/2015
Petition for rehearing en banc granted
1654144 Joseph Leon Matthews v. Commonwealth of Virginia 11/03/2015
Judgment of trial court denying motion to suppress affirmed where officers complied with the law in effect at the time of the traffic stop
1309144 Brian Jeffrey Turner v. Commonwealth of Virginia 10/27/2015
Trial court did not err in denying appellant’s motion to suppress evidence obtained as a result of GPS tracking device, in admitting photographs of mail addressed to appellant, or in finding evidence sufficient to support appellant’s conviction of cocaine found in safe
1451142 Robert Jeffrey Kobman v. Commonwealth of Virginia 10/27/2015
Trial court erred in finding evidence was sufficient to prove appellant was aware of, or exercised dominion and control over, forty-five images found on unallocated space on the computers but did not err in finding evidence was sufficient to prove appellant was aware of the nine images found in recycle bin and that he exercised dominion and control over those images
1981144 Deborah MacDougall v. Richard S. Levick 10/27/2015
Petition for Rehearing Granted
0427144 Clayton George Smith v. Commonwealth of Virginia 10/13/2015
Trial court did not err in denying appellant’s motion to suppress his statements where the exchange between appellant and officer was not an interrogation and did not trigger Miranda warnings; trial court erred in denying appellant’s motion to withdraw his guilty plea to driving while suspended charge
2037142 Tevein Dewayne Harvey v. Commonwealth of Virginia 10/13/2015
No error in trial court’s decision to allow victim to testify concerning facts of the crime at sentencing where Code §§ 19.2-295.3 and 19.2-299.1 do not compel courts to exclude testimony from victims concerning circumstances of the crime when that testimony would assist court as it considers sentence to impose
1019142 Zequez Deaairo Jones v. Commonwealth of Virginia 10/06/2015
Conviction of reckless handling of a firearm reversed and dismissed where definition of “firearm” is the same under both Code §§ 18.2-308.2 and 18.2-56.1(A) and trial court acquitted appellant under Code § 18.2-308.2 thereby rejecting only interpretation of facts which allows appellate court to conclude facts supported conviction under Code § 18.2-56.1(A)
2145144 Peter Weidlein v. Mimi C. Weidlein 10/06/2015
Trial court erred in ordering appellant to pay spousal support and interest arrearages that under the parties’ agreement he never owed
1981144 Deborah MacDougall v. Richard S. Levick 09/15/2015
No error in trial court’s findings with regard to whether appellant contracted a valid marriage with appellee and the enforceability of the parties’ marital agreement
1982144 Richard S. Levick v. Deborah MacDougall 09/15/2015
Trial court did not abuse its discretion in refusing to compel reimbursement of pendent lite support and attorney’s fees following its finding that the parties’ marriage was void
1044133 Deante Lamar Payne v. Commonwealth of Virginia 09/08/2015
Trial court did not err in refusing appellant’s proffered jury instructions regarding eyewitness identification or “weapon focus,” in excluding redacted portions of email from the officer to the prosecutor, or in denying appellant’s request for funds to hire an eyewitness identification expert
1216144 Edgar Edmundo Moreno v. Commonwealth of Virginia 08/11/2015
No error in appellant’s conviction of forging a public record where jury found the accord and satisfaction document, properly determined to be a public record, was forged and that appellant knew it was a forgery
1319141 Shavis Donta Holloman v. Commonwealth of Virginia 08/11/2015
Trial court did not err in finding cooperation and immunity agreement promised use immunity and did not preclude prosecution for offenses related to the statement made, in allowing offenses to be tried together, in refusing to strike a venireman for cause, in refusing appellant’s jury instruction on accomplice testimony, or in admitting gang notebook
1694144 Jeffery Harvey and Teresa Harvey v. David Flockhart and Rhonalee Flockhart 08/11/2015
Trial court did not err in granting petition for adoption filed by appellees or in finding that appellants’ visitation should cease where their right to visitation terminated upon entry of the adoption order
2299144 Ronald James Everett v. Asli Carome, f/k/a Asli Everett 08/11/2015
Trial court did not err in finding it lacked jurisdiction to modify portion of child support obligation attributable to parties’ adult son; trial court erred in granting appellee’s motion in limine
1270141 George Lee Hawkins v. Commonwealth of Virginia 08/04/2015
Trial court did not err in denying appellant’s motion to suppress where it found appellant voluntarily consented to the search
0850144 Quyen Vinh Phan Le v. Commonwealth of Virginia 07/28/2015
Arguments regarding lack of proof of whether appellant was married to either of the victims and whether one of the victims was emancipated barred by Rule 5A:18; evidence was sufficient to prove three counts of custodial indecent liberties
1476141 Andrew Wallace v. Commonwealth of Virginia 07/28/2015
Trial court did not err in denying appellant’s motion to dismiss where appellant received a trial within the statutory and constitutional speedy trial period
1805143 James Dean Cantrell v. Commonwealth of Virginia 07/28/2015
Trial court erred in denying appellant’s motion to suppress where inventory search was not performed pursuant to any standardized police procedures of the police department and was conducted in a manner determined by officer’s sole and unfettered discretion with an investigatory motive; community caretaker exception does not apply
1096142 Ryan Austin Collins v. Commonwealth of Virginia 07/21/2015
Trial court did not err in denying appellant’s motion to suppress or motion to strike where officer acted lawfully under Fourth Amendment in entering property and searching motorcycle and credible evidence existed to find appellant knew the motorcycle was stolen
1548142 Deshay Arkel Stith v. Commonwealth of Virginia 07/07/2015
Trial court did not err in relying only on its own observations to prove beyond a reasonable doubt that appellant was over the age of sixteen when he feloniously wore a mask
1681142 Michael Thomas Terlecki v. Commonwealth of Virginia 06/16/2015
No error in trial court’s finding that the evidence was sufficient to prove that the pornographic images found on appellant’s laptop depicted identifiable minors as their subject and that appellant possessed the images; Commonwealth established corpus delicti through appellant’s statement and witness’ testimony
1220141 Steven Lamont Forte v. Commonwealth of Virginia, et al. 06/09/2015
No error in trial court’s finding that it lacked jurisdiction over appellant’s appeal from juvenile court where appellant did not post an appeal bond for his appeal to that court; record does not demonstrate any error in allowing appellee to participate
1124141 Virginia Retirement System v. Ricky A. Blair 05/26/2015
Trial court erred in reversing appellant’s decision regarding disability retirement benefits where substantial evidence supported appellant’s finding that medical evidence did not support an award of benefits to appellee
1386141 Andre Eugene Sanders v. Commonwealth of Virginia 05/26/2015
Trial court did not err in denying motion to suppress where dog sniffs conducted on the common external walkways outside appellant’s motel rooms were not searches under the Fourth Amendment
0682141 Robert Allen Wilkins v. Commonwealth of Virginia 05/12/2015
Trial court’s decision to allow the jury to proceed when appellant was wearing his jail uniform affirmed
1027144 Kenneth Lee Barden v. Commonwealth of Virginia 05/12/2015
Trial court erred in finding that appellant drove a motor vehicle in violation of any existing period of suspension or revocation; conviction under Code § 46.2-301(B) reversed
1243143 Steven Lee Hodges v. Commonwealth of Virginia 05/05/2015
No error in trial court’s finding that evidence was sufficient to prove appellant drove on a suspended license after having been previously notified of the suspension; trial court erred in finding evidence was sufficient to prove weapon in console was not secured, conviction of possession of a concealed weapon reversed and warrant dismissed
1647142 David Kenneth Giraldi v. Eva Maria Giraldi 05/05/2015
Trial court erred in granting a reservation of spousal support to appellee where it invoked the manifest injustice exception to Code § 20-107.1(B) without making any particularized reference to the two factors in that code section nor did it make any factual findings related to those factors
0719141 Kevin Lamont Martin v. Commonwealth of Virginia 04/28/2015
Trial court did not err in sentencing appellant to the mandatory minimum for possessing a firearm by a convicted felon where the previous felony was classified as a violent felony after his conviction for that offense and that reclassification did not violate ex post facto laws
0452141 Robert Chianelli, Sr. v. Commonwealth of Virginia 04/21/2015
No error in trial court’s finding that Code § 18.2-265.3(A) is not unconstitutionally vague as applied to appellant’s conduct
0908142 Joquan Wayne Hawkins v. Commonwealth of Virginia 04/21/2015
Trial court did not err in denying appellant’s motion to strike the aggravated portion of charge of aggravated malicious wounding charge surgical scar was a reasonably foreseeable consequence of the shooting
1250143 Joyce Rosemary Bruce v. Robert Preston Boardwine 04/21/2015
No error in trial court’s finding that the assisted conception statute does not apply in this case and trial court’s custody and visitation decision affirmed
1938144 Town & Country Hospital, LP v. Reginald Davis 04/21/2015
Commission did not err in upholding deputy commissioner’s award of attorney’s fees where appellant’s request for review of the deputy’s decision was untimely and appellant consented to jurisdiction under the Act by accepting payment in a worker’s compensation case
0678143 Curtis Lee Mason v. Commonwealth of Virginia 04/14/2015
Trial court erred in admitting appellant’s two prior convictions under a New York statute where those convictions were not substantially similar to Code § 18.2-248 for purposes of establishing prior convictions where the Commonwealth failed to show that the convictions related to a substance classified in Schedule I or II in Virginia
1706142 Paul Anthony Menninger v. Janet Marie Menninger 04/14/2015
Trial court erred by not allowing appellant to present evidence about his retirement account and his 2012 distribution; matter remanded to trial court for further proceedings
0772141 Bruce Edison Parham v. Commonwealth of Virginia 04/07/2015
No error in trial court’s finding that appellant knew he was under indictment at the time he completed the firearm transaction form and that he willfully and intentionally provided a false answer on the form
1643141 Virginia Marine Resources Commission v. Darrell W. Insley 04/07/2015
Trial court erred in finding there was not substantial evidence in record to support appellant’s decision to revoke appellee’s fishing licenses and privileges for one year; trial court did not err in denying appellee’s request for attorney’s fees
1644141 Virginia Marine Resources Commission v. Dennis W. Parker 04/07/2015
Trial court erred in finding there was not substantial evidence in record to support appellant’s decision to revoke appellee’s fishing licenses and privileges for one year; trial court did not err in denying appellee’s request for attorney’s fees
1684134 LaDawn Shrieves King v. Commonwealth of Virginia 04/07/2015
Upon Rehearing En Banc – trial court erred in failing to properly instruct jury on the defense of accident; convictions reversed and remanded to trial court for new trial if Commonwealth be so advised
0340144 Tiffany Stevens Miller v. Commonwealth of Virginia 03/31/2015
Trial court did not err in rejecting appellant’s proposed jury instruction on the definition of “person responsible for the care of a child” when that language does not appear in the statutes applicable to appellant’s offense; no error in jury’s finding that evidence was sufficient to support conviction of contributing to the delinquency of a minor
1886143 James Rush v. University of Virginia Health System/Commonwealth of Virginia 03/31/2015
Commission did not err in interpreting Code § 65.2-105 or in finding that appellant was not entitled to the presumption found in Code § 65.2-105
2385133 Darius Oneil Dalton v. Commonwealth of Virginia 03/31/2015
No reversible error by trial court in admitting into evidence two screenshots of text messages; trial court did not abuse its discretion by allowing witness’ testimony regarding content of text messages; evidence was sufficient to support conviction of distribution of cocaine
0965144 Alexy J. Abdo, a/k/a Alexi J. Abdo v. Commonwealth of Virginia 03/24/2015
No error in trial court’s conclusion that evidence was sufficient to support a finding that appellant was guilty of criminal contempt
1406144 George H. Samartino v. Fairfax County Fire and Rescue 03/24/2015
No error in commission’s finding that appellant did not prove total or partial disability resulting from an occupational disease entitling him to benefits where he was not actually disabled by his disease because he could perform his employment duties
1611134 Andrew Becker, s/k/a Andrew Ira Becker v. Commonwealth of Virginia 03/24/2015
Conviction of contempt affirmed where circuit court found appellant acted intentionally in disrespect of the court or its processes and there is no reversible error in trial court’s decision to admit general district court’s certification and incorporated transcript
1127144 Bindu Bajgain v. Devendra Bajgain 03/17/2015
No error in trial court’s orders finding that appellant agreed to be bound by the decisions of the Nepali court and the joint stipulation not to relitigate issues decided by that court
1172141 Samuel Paul Jackson v. Ceres Marine Terminals, Inc. and Tokio Marine and Nichido Fire Ins. Co., Ltd. 03/17/2015
Commission erred in applying a “risk-of-harm” requirement in determining whether the appellant’s psychological injury was a compensable injury; remanded to the commission for determination of appellant’s claim using correct legal standard
1180144 Women's Healthcare Associates, Inc. v. Valerie Mucci, et al. 03/03/2015
No error in commission’s finding and decision to transfer Ms. Mucci’s claims to circuit court for resolution where her claims were separate and distinct from her child’s neurological injuries and not subject to the exclusive remedy of the Virginia Birth-Related Neurological Injury Compensation Act
1191144 Angela C. Bess, M.D. v. Valerie Mucci, et al. 03/03/2015
No error in commission’s finding and decision to transfer Ms. Mucci’s claims to circuit court for resolution where her claims were separate and distinct from her child’s neurological injuries and not subject to the exclusive remedy of the Virginia Birth-Related Neurological Injury Compensation Act
1211144 Loudoun Hospital Center, d/b/a Inova Loudoun Hospital, et al. v. Valerie Mucci, et al. 03/03/2015
No error in commission’s finding and decision to transfer Ms. Mucci’s claims to circuit court for resolution where her claims were separate and distinct from her child’s neurological injuries and not subject to the exclusive remedy of the Virginia Birth-Related Neurological Injury Compensation Act
1554134 Hugo Alberto Sandoval v. Commonwealth of Virginia 02/24/2015
Trial court did not err in denying appellant’s motion to dismiss the indictments where appellant has not shown actual prejudice at trial or that the Commonwealth intentionally delayed indicting him to gain a tactical advantage or in denying appellant’s motion to strike on charges of indecent liberties or manufacturing child pornography
2181133 Elliott Thomas Webb, Jr. v. Commonwealth of Virginia 02/24/2015
Trial court erred in accepting a non-unanimous sentencing verdict from the jury; trial court’s judgment solely pertaining to sentencing reversed and remanded to trial court for further proceedings pursuant to Code § 19.2-295.1
2465134 Joshua Dadzie Anaman, s/k/a Joshua E. Dadzie-Anaman v. Commonwealth of Virginia 02/24/2015
Trial court did not err in admitting Declaration of Unauthorized Use form into evidence as it was non-testimonial and fell under business records exception to hearsay rule; evidence was sufficient to support appellant’s convictions of credit card theft and unlawful use of a card scanning device or re-encoder
0087144 Antwain Maurice Jones v. Commonwealth of Virginia 02/18/2015
Trial court did not err in denying appellant’s motion to strike as to felony eluding where evidence proved all elements of felony eluding
1098143 Melvin L. Layne v. Crist Electrical Contractor, Inc. and Assurance Services Corporation 02/10/2015
No error in commission’s finding that appellant was not entitled to workers’ compensation benefits where appellant committed a willful, not simply negligent, breach of a workplace safety rule resulting in his injuries
1968131 Isiah David Joseph v. Commonwealth of Virginia 02/10/2015
Trial court erred in finding evidence was sufficient to support appellant’s conviction of resisting arrest where evidence did not prove appellant fled from officer when appellant did not run away or move away from officer’s immediate span of control
0190143 Morgan Sinclair Goodwin v. Commonwealth of Virginia 02/03/2015
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of uttering a public document where it proved that appellant, through his actions, asserted that his false signatures on the summonses were good and valid
1542132 Loren Anthony Mason, Jr. v. Commonwealth of Virginia 02/03/2015
Upon Rehearing En Banc – trial court did not err in denying appellant’s motion to suppress where it correctly held that a reasonable officer could make an investigatory stop of the vehicle appellant was in to determine if the parking pass suspended from the rearview mirror violated Code § 46.2-1054
1269134 Freddy Velez-Suarez v. Commonwealth of Virginia 01/27/2015
Trial court did not err in finding evidence sufficient to prove appellant conspired with another to commit grand larceny and destroyed property
2213133 Rebecca K. Taylor, s/k/a Rebecca Knight Taylor v. Commonwealth of Virginia 01/27/2015
Trial court erred in denying appellant’s motion to set aside where one cannot be convicted of a lesser offense upon a prosecution for a greater crime, which includes the lesser offense, commenced after the statute of limitations has run on the lesser offense
0498144 Susan L. French v. Virginia Marine Resources Commission 01/20/2015
Trial court did not err in upholding decision of appellee where the permit issued by appellee did not deprive her of any property rights and the decision to issue the permit was not arbitrary and capricious
0595141 Julie A. Rubino v. Justin Rubino 01/20/2015
Trial court erred in considering and affording an inapplicable statute significant weight in making its custody determination; matter remanded to trial court to make a custody determination based on best interests of children
0653122 Robert C. David v. Cheri Gina David 01/20/2015
Trial court did not err in classifying the credit card debt as marital debt; trial court erred in classifying the entire appreciation of appellant’s brokerage account as marital property
0700142 James Edward Williams v. Commonwealth of Virginia 01/20/2015
Trial court did not err in refusing appellant’s jury instructions on unlawful wounding where appellant did not produce more than a scintilla of evidence to negate the element of malice
0320142 Culpeper Regional Hospital v. Cynthia B. Jones, Director, et al. 01/13/2015
Trial court’s order affirming Director’s decision that appellant failed to make a certification required by law before admitting patients for treatment and requiring appellant to refund certain Medicaid payments affirmed
0367142 Jason N. Creamer v. Commonwealth of Virginia 01/13/2015
Trial court did not abuse its discretion in refusing to allow appellant to call his former co defendant was a witness and committed no reversible error in refusing to accept appellant’s post-trial proffer of that witness’ expected testimony; no error in trial court’s finding that evidence was sufficient to support conviction of grand larceny
0816133 Joseph Louis Paduano v. Commonwealth of Virginia 12/30/2014
Trial court did not abuse its discretion in denying appellant’s motion for a bill of particulars, in finding two separate acts constituted different offenses, or in sentencing appellant for two convictions of carnal knowledge of a child between the ages of thirteen and fifteen, second or subsequent offense
2003131 Jabril Jamal Holliday v. Commonwealth of Virginia 12/30/2014
Trial court did not err in refusing to quash indictment for conspiracy where an ancillary charge can be brought by direct indictment after the juvenile court has certified a murder charge and been divested of jurisdiction
0860141 Philip deCamp v. Virginia deCamp 12/23/2014
No error in trial court’s decision awarding spousal support and attorney’s fees to appellee
0937141 David Milot v. Glenda A. Milot 12/23/2014
Trial court erred in awarding retroactive child support, arrearage, and interest for the interim period between the date of dismissal of divorce action and the date of a request for that support in a newly instituted cause
0939131 Jonathan Marquis Holley v. Commonwealth of Virginia 12/23/2014
Convictions of second-degree murder and use of a firearm reversed and dismissed where appellant cannot be convicted for both first-degree murder on a felony homicide theory and second-degree murder for the killing of a single person
1447134 Dewayne Oliver Winslow v. Commonwealth of Virginia 12/23/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was the criminal agent who stole the money and laptop computers from victim’s vehicle
0322142 Nationwide Mutual Insurance Company v. The Estate of Phillip Harrison, et al. 12/09/2014
Commission did not err in finding it had jurisdiction to award compensation to claimant appellee or in refusing to stay the proceedings pending the outcome of a declaratory judgment action in a circuit court
0474143 Dollar Tree Stores, Inc. and Arch Insurance Company v. Elizabeth A. Wilson 12/02/2014
No error in commission’s finding that appellee’s injury arose out of her employment where appellee’s employment required her to maneuver around water stack after closing out register at end of day
0691132 Charlene Lanette Gregory v. Commonwealth of Virginia 11/25/2014
Trial court did not err in denying appellant’s motion to suppress statements appellant made to the officers; no reversible error in trial court’s decision to allow detective to testify that “appellant was running it as a business” as that testimony was cumulative of other expert testimony admitted without objection
0789143 Keith Boatright v. Wise County Department of Social Services 11/12/2014
Trial court did not err in denying appellant’s motion to reverse and remand for scheduling defects in violation of Code § 16.1-296(D), in relying on stipulations to terminate appellant’s parental rights or in granting appellee’s motion for a continuance
0269133 Gene Anthony Brown v. Commonwealth of Virginia 11/04/2014
Trial court did not abuse its discretion in removing one juror from the jury and replacing that juror with the alternate or err in denying appellant’s motion for a mistrial
0532143 Bristol Department of Social Services v. Maggie S. Welch 11/04/2014
Judgment of trial court finding appellant failed to prove by clear and convincing evidence that termination of appellee’s parental rights was in child’s best interest affirmed; appeal dismissed as moot insofar as pertains to whether trial court should have made its decision earlier
0558143 Patricia E. Smith, Guardian ad litem for the minor child v. Maggie S. Welch 11/04/2014
Judgment of trial court finding DSS failed to prove by clear and convincing evidence that termination of appellee’s parental rights was in child’s best interest affirmed; appeal dismissed as moot insofar as pertains to whether trial court should have made its decision earlier
2212131 Shontrina Charon Fountain v. Commonwealth of Virginia 11/04/2014
Trial court erred in finding evidence was sufficient to prove appellant possessed the requisite intent to annoy, harass, hinder or delay emergency personnel in the performance of their duties at the time she caused the telephone to ring; conviction of misuse of 9-1-1 system is reversed and final judgment is entered
0205144 William Rand Barnes v. Lucille F. Barnes 10/28/2014
Trial court did not err in striking appellant’s evidence where it was insufficient to support a finding of a change in circumstances to warrant a modification of spousal support, did not abuse its discretion in failing to take judicial notice of an adjudicated fact in this Court’s opinion in a prior case; appeal dismissed as pertains to third assignment of error pursuant to Rule 5A:26
1213132 Christopher Wayne Butler v. Commonwealth of Virginia 10/28/2014
Trial court did not err in imposing the mandatory two-year minimum sentence for appellant’s conviction of possession of a firearm after having been convicted of a felony
2070131 Carlton Shell v. Commonwealth of Virginia 10/28/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of failing to register as a sex offender or providing false information, second or subsequent offense
1873122 Ronald Taft Davis, III v. Commonwealth of Virginia 10/21/2014
Upon Rehearing En Banc – stay of February 25, 2014 mandate is lifted and judgment of trial court is reversed and indictments are dismissed
2383134 Natalia V. Loewinger v. Estate of Stephen Jay Loewinger 10/21/2014
Appeal dismissed where appellant’s action against appellee is a nullity because appellee is not a proper party to this case
2301124 Reston Hospital Center, LLC v. Karen Remley, M.D., M.B.A., F.A.A.P., etc., et al. 09/30/2014
No error in trial court’s finding that Commissioner acted within her authority when she issued a COPN authorizing relocation of a medical radiation therapy service; trial court did not abuse its discretion in extending appellant’s time to file its notice of appeal
1380132 Prince Adjei v. Commonwealth of Virginia 09/23/2014
Trial court did not err in admitting document exhibits into evidence under the official records exception to the hearsay rule, admission of those documents did not violate appellant’s constitutional right to confront witnesses against him, and evidence was sufficient to support convictions of perjury and possession of a firearm by an illegal alien
0097132 Michael Alonzo Robinson, Jr. v. Commonwealth of Virginia 09/16/2014
Trial court did not err in refusing to dismiss the multi-jurisdictional grand jury indictments for murder and use of a firearm for a violation of Code § 19.2-215.9 where that code section is directory and not mandatory and appellant was not prejudiced by trial court’s failure to comply with its requirements
0006142 United Parcel Service, Inc. and Liberty Insurance Corporation v. Kirk V. Prince 09/09/2014
No error in commission’s finding that appellee suffered a compensable psychological injury and that he was entitled to an award of benefits
0340132 Demond Markee Lewis v. Commonwealth of Virginia 09/09/2014
Commonwealth’s motion to dismiss granted and appeal dismissed pursuant to the Fugitive Disentitlement Doctrine
1542132 Loren Anthony Mason, Jr. v. Commonwealth of Virginia 09/09/2014
Petition for Rehearing En Banc granted
1857132 Michael A. Oley v. Lisa S. Branch 09/09/2014
Trial court erred in not considering appellee’s Pell Grant when it calculated her gross income; remainder of child support order affirmed
0601131 Roy M. Carrithers v. Kimberly A. Harrah 09/02/2014
Trial court correctly applied res judicata to bar appellant’s attempt to collaterally attach a prior arrearage order; trial court did not abuse its discretion in ordering appellant to pay $2,000 toward appellee’s attorney fees pursuant to Code § 8.01-271.1
1844131 Atlantic Environmental Construction Company v. Courtney M. Malveaux, Commissioner, etc. 09/02/2014
No error in trial court’s application of respondeat superior principles, and its unchallenged factual findings fully support the two citations against appellant for violating VOSHA standards for fall protection
2307122 Quindell Montrae Kirby v. Commonwealth of Virginia 09/02/2014
No error in trial court’s finding that pursuant to Code §§ 19.2-247 and 19.2-250(B) Chesterfield County was proper venue to prosecute appellant
1508134 Steven Joseph Blevins v. Commonwealth of Virginia 08/26/2014
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to support jury’s finding of recklessness; trial court did not err in refusing appellant’s proposed instruction on improper driving as jury does not have statutory authority to reduce a reckless driving charge to an improper driving conviction
0317134 Adedamola Oraide Adeniran v. Commonwealth of Virginia 08/19/2014
Trial court did not err in refusing to give a jury instruction on assault during appellant’s trial for attempted robbery where assault is not a lesser-included offense of robbery
0820131 James C. Howard, Jr. v. Commonwealth of Virginia 08/05/2014
No error in trial court’s finding that it had jurisdiction where proper procedures were followed after the grand jury returned true bills of indictment
1542132 Loren Anthony Mason, Jr. v. Commonwealth of Virginia 08/05/2014
Trial court erred in finding officer had reasonable suspicion to justify a detention of vehicle appellant was riding in where object hanging from rearview mirror could be obstructing sight of driver
1898131 Commonwealth of Virginia v. Rayshawn Torrell Greer 07/22/2014
Trial court erred in refusing to impanel a new jury for sentencing after original jury refused to perform its duties as instructed and in sentencing appellee pursuant to jury’s recommendation below the statutory minimum sentence of five years; remanded to trial court for a new sentencing proceeding
0558131 James Albert Harris, III v. Commonwealth of Virginia 06/24/2014
Trial court did not abuse its discretion in denying appellant’s request to take his matter under advisement where appellant’s guilt of the offense was “likely” as admitted by counsel prior to trial, he offered no defense or argument against the charge, and failed to state any proper purposes to take case under advisement
1586134 LifeCare Medical Transports, Inc. v. Virginia Department of Medical Assistance Services 06/24/2014
Trial court did not err in affirming appellee’s decision denying appellant’s request for relief and affirming the overpayment determination
2049133 Advance Auto and Indemnity Insurance Company of North America v. Brenda Lee Craft 06/24/2014
Commission did not err in finding principles of res judicata do not bar appellee’s claim for benefits regarding her cervical and thoracic spinal injuries, in finding it had jurisdiction to award benefits based on that claim, in finding her work accident caused her injuries, and in finding appellee’s spinal injuries require additional treatment
1308134 Karen A. Wroblewski, f/k/a Karen A. Russell v. Steven T. Russell 06/17/2014
Appellant’s arguments regarding award of spousal support rendered moot by decision in Record No. 1313-13-4; remainder of judgment appealed from affirmed
1313134 Steven T. Russell v. Karen A. Russell 06/17/2014
Trial court erred in awarding spousal support to appellee after striking appellee’s complaint for divorce and no pleading requesting spousal support was before court at time of the award; trial court did not err in ordering appellant to pay appellee’s health insurance premium
2358134 Douglas R. Linton v. Debra A. Linton 06/17/2014
Trial court did not err in directing appellee to transfer her separately titled limited partnership interest to appellant to satisfy a monetary award
1730131 Tony Williams v. Commonwealth of Virginia 06/10/2014
Evidence was sufficient to establish venue where trial court implicitly took judicial notice that offense occurred in City of Norfolk as Commonwealth requested it to do
1226132 Robert Wayne Dawson, II v. Commonwealth of Virginia 05/27/2014
No error in trial court’s finding that appellant applied pressure to victim’s neck which impeded her respiration and/or blood flow and caused bruising which constituted bodily injury
1352132 Virginia Department of Alcoholic Beverage Control v. Don C. Tyson 05/27/2014
Trial court erred in reversing hearing officer’s decision, upholding agency’s termination of appellee, on the ground that appellee’s due process rights were violated
1871133 Willard Francis Donovan, III v. United Parcel Service, Inc. and Liberty Insurance Corporation 05/27/2014
Commission did not err in denying appellant’s request for resumption of his temporary total disability benefits where appellant failed to prove he was temporarily totally disabled
2231131 Preston McKellar v. Northrop Grumman Shipbuilding, Inc., et al. 05/27/2014
No error in commission’s finding that appellant was not entitled to an award of wage benefits for a period after his retirement when no showing of an economic loss was made
0352131 Joseph Altiro Turner v. Commonwealth of Virginia 05/20/2014
No error in trial court’s holding that appellant’s Sixth Amendment rights were not violated when child victim was allowed to write portions of her testimony; trial court did not err in failing to require child victim to testify in accordance with Code § 18.2-67.9 where statute was inapplicable
1184131 Tyquan Deonta Fagan v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that evidence was sufficient to prove appellant took property from victim by force or threat of violence
1271132 Alan Neff v. Commonwealth of Virginia 05/20/2014
Appellant’s conviction of assaulting a police officer affirmed where he did not appeal his public intoxication conviction and that conviction establishes existence of probable cause justifying his arrest
1396131 Anthony Moore v. Martin D. Brown, Commissioner, Virginia Department of Social Services 05/20/2014
Trial court erred in affirming appellee’s finding that appellant was a person responsible for the child’s care; administrative finding of appellee vacated
1510132 George E. Boone, a/k/a George Edward Boone, Jr. v. Commonwealth of Virginia 05/20/2014
Trial court did not err in admitting appellant’s DMV transcript as it was not testimonial and appellant’s Confrontation Clause rights were not violated; evidence was sufficient to prove appellant drove while his habitual offender status was still in effect
1343134 Pamela S. Cleary v. Thomas C. Cleary 05/13/2014
Trial court erred by failing to make written findings identifying the basis for the nature, amount, and duration of the spousal support award; remanded to trial court to provide additional findings based on existing record
2023124 Jonathan Nathaniel Ramsey v. Commonwealth of Virginia 05/13/2014
Trial court did not err in denying appellant’s motion in limine to exclude two experts’ opinions, in denying admission of evidence of third-party guilt, in quashing subpoena duces tecum for juvenile records of third party, or in denying motion to declare third party a hostile witness
0575131 Francis Anyokorit Masika v. Commonwealth of Virginia 05/06/2014
Trial court erred in convicting appellant of conduct not proscribed by the statute under which he was charged; conviction reversed and indictment dismissed
1280133 James Robert Altizer v. Commonwealth of Virginia 05/06/2014
Petition for writ of actual innocence is dismissed for failure to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ
0207131 Larod Nayquan Robinson v. Commonwealth of Virginia 04/29/2014
Trial court did not err in denying appellant’s motion to suppress where his confession was voluntary
0790131 Yvonie Décor Charles v. Commonwealth of Virginia 04/29/2014
Trial court did not err in allowing the Commonwealth to amend the indictment from a charge of grand larceny to a charge of petit larceny third offense; evidence was sufficient to prove appellant shared the codefendant’s intent to steal
1418134 1st Stop Health Services, Inc., etc. v. Department of Medical Assistance Services, etc. 04/08/2014
Trial court did not err in affirming in part and denying in part appellee’s decision retracting payments made to appellant based on its failure to maintain adequate documentation
1589134 Carnie Carr, Jr. v. Atkinson/Clark/Shea, A Joint Venture, et al. 04/08/2014
Commission erred in denying appellant benefits during repeated furloughs of undefined duration
2233123 Richard C. Wagoner, Jr. v. Commonwealth of Virginia 04/08/2014
Trial court did not err in refusing to set aside jury’s verdict convicting appellant of abuse or neglect of an incapacitated adult resulting in death
0861112 Tariq Rashad Amin v. County of Henrico 04/01/2014
Upon Remand from the Supreme Court of Virginia – conviction of possession of a concealed weapon reversed and dismissed where conviction was void ab initio as trial court did not have power to convict appellant as offense he was charged with did not exist
1377133 Cochran Industries VA and Bituminous Casualty Corporation v. Timothy M. Meadows 04/01/2014
No error in commission’s finding that appellee’s original Claim for Benefits form constituted a claim for purposes of Code § 65.2-601
1636121 Michael Ryan Bruton v. Commonwealth of Virginia 04/01/2014
Trial court did not err in instructing jury that appellant would receive a credit for the time he was incarcerated while awaiting trial
0619133 Benjamine Leonard Foley, II v. Commonwealth of Virginia 03/25/2014
Trial court did not err in determining that statutory exemption in Code § 18.2-308(B) did not apply; appellant’s conviction of carrying a concealed weapon affirmed
1873122 Ronald Taft Davis, III v. Commonwealth of Virginia 03/25/2014
Petition for Rehearing En Banc granted
1941123 Raheem Chabezz Johnson v. Commonwealth of Virginia 03/25/2014
Trial court did not abuse its discretion in imposing a life sentence on appellant, a juvenile, for his conviction of first-degree murder as that sentence is within the statutory sentencing range
1309134 Dung Thi Thach and Carlos Mendoza v. Arlington County Department of Human Services 03/18/2014
Termination of Thach’s parental rights affirmed as her arguments considered waived where assignment of error only challenged termination of Mendoza’s parental rights; termination of Mendoza’s parental rights reversed where there was insufficient evidence in record to support termination
1765121 Joseph Alfonso Papol v. Commonwealth of Virginia 03/18/2014
Trial court did not err in finding appellant guilty of eleven counts of possession of child pornography, second or subsequent violation, where each of the images he possessed, after the first one, was a subsequent violation of the statute
0531131 Cindy Lynn Whitehurst v. Commonwealth of Virginia 03/11/2014
Trial court did not err in admitting certificate of analysis where appellant waived her objection when she did not timely object to the Commonwealth’s intent to introduce it without presence of person performing analysis
0635131 Alexander J. Dennos, Jr. v. Commonwealth of Virginia 03/11/2014
Trial court did not err in convicting appellant of two counts of construction fraud rather where evidence proved two advances of money, on two separate dates, involving two different promises; court did not violate single larceny doctrine
1270132 Thea Rachel Anthony v. Paul Skolnick-Lozano 03/04/2014
No error in trial court’s finding that appellant commingled his separate property with appellant’s separate property with regard to marital residence; trial court erred in finding appellee proved value of his pre-marital contribution to appellant’s separate property
1697122 George Wesley Huguely, V v. Commonwealth of Virginia 03/04/2014
Trial court did not erroneously deny appellant’s right to counsel under the Sixth Amendment, did not err during voir dire, and did not abuse its discretion in declining to adopt appellant’s longer proposed jury instruction defining malice; conviction of second-degree murder affirmed
1873122 Ronald Taft Davis, III v. Commonwealth of Virginia 02/25/2014
Appellant’s convictions of first-degree murder and attempted first-degree murder reversed and dismissed under the doctrine of collateral estoppel where Commonwealth was precluded from relitigating whether appellant was the gunman
1893121 Tyrone Jerrard Simmons v. Commonwealth of Virginia 02/25/2014
Trial court did not err in refusing to strike three jurors for cause where it concluded the jurors were fair and impartial and would be able to render a verdict solely on the law and the evidence
0631132 William Lloyd Henry v. Commonwealth of Virginia 02/18/2014
Trial court erred in finding evidence was sufficient to support forgery, and consequently uttering, convictions where appellant’s conduct did not amount to a false making of the financial statements sufficient to alter their material nature-making them something other than what they purported to be; convictions of perjury affirmed
0322132 Kin Yiu Cheung v. Commonwealth of Virginia 02/11/2014
Trial court did not err in finding evidence was sufficient to support four counts of involuntary manslaughter where it establishes that appellant’s negligence was so gross, wanton, and culpable to show a reckless disregard of human life
2188124 Raymond Charles Case v. Commonwealth of Virginia 02/11/2014
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of driving under the influence where it proved appellant did “operate” the vehicle and consciously moved from the passenger seat to the driver’s seat; Commonwealth did not have to prove mens rea as there is no such requirement in Code § 18.2-266
0513132 Marvin T. Rideout, III v. Commonwealth of Virginia 02/04/2014
Trial court did not err in denying appellant’s motion to suppress where circumstances here do not establish appellant had a reasonable expectation of privacy in contents of incriminating files on his computer where he shared those files via software with others
1630122 Michael Jonthan Garland Saunders v. Commonwealth of Virginia 02/04/2014
No error in trial court’s order revoking appellant’s suspended sentences where appellant cannot collaterally attack his underlying charges, the hearsay evidence admitted was sufficiently reliable, evidence was sufficient to prove appellant violated terms and conditions of his probation, and preliminary hearing issue moot where he received a full revocation hearing
1177131 Sandra D. T. Griffin v. David L. Griffin, Deceased, c/o Kimberly Cowser-Griffin, Executrix, etc. 01/28/2014
Trial court erred in denying appellant’s request for entry of a QDRO to enforce a term of her prior divorce decree where the proposed QDRO met the specific requirements of 29 U.S.C. § 1056(d)(3) and the benefits did not vest in appellee at time of Mr. Griffin’s death
0724131 Bruce M. Mayer v. Linda Corso-Mayer 01/14/2014
No error in trial court’s order directing appellant to pay continuing child support to appellee on daughter’s behalf; trial court erred in directing appellant to pay 75% of appellee’s attorney’s fees and costs in trial court arising from continuing child support litigation
0116134 Yelp, Inc. v. Hadeed Carpet Cleaning, Inc. 01/07/2014
Trial court did not abuse its discretion in holding appellant in civil contempt for failing to comply with a subpoena duces tecum served upon it by appellee
2300121 Johnathan Christopher Montgomery v. Commonwealth of Virginia 12/20/2013
Court issues writ of actual innocence and vacates petitioner’s convictions.
0309133 Tracy Wayne Claytor v. Commonwealth of Virginia 12/17/2013
Trial court did not err in granting Commonwealth’s motion in limine to preclude evidence concerning appellant’s subjective belief that he was no longer an habitual offender based on his reliance on the wording of a court order as his affirmative defense is without legal basis
0756133 Melvin L. Layne v. Crist Electrical Contractor, Inc. and Assurance Services Corporation 12/17/2013
Decision of commission reversed where this matter was not heard before a properly constituted full commission; authority to designate or recall a retired commissioner to participate in a review hearing is not expressly provided by statute
1164123 Kepa, Inc. d/b/a She-Sha Café and Hookah Lounge v. Virginia Department of Health 12/17/2013
Upon Rehearing En Banc – judgment of trial court reversed where Court finds She-Sha Café is exempt from the guidelines of the Virginia Indoor Clean Air Act because it is a retail tobacco store
0694131 Julio Fernando Cabral v. Debbie Ann Silveira Cabral 12/10/2013
Trial court erred in reopening divorce case to equitably distribute business’ account receivable which was not a marital asset subject to equitable distribution; award of attorney’s fees also reversed
0713131 Debbie Ann Silveira Cabral v. Julio Fernando Cabral 12/10/2013
Appeal of amount of equitable distribution award and amount of attorney’s fee award dismissed as moot
0725132 Boyd B. Hedleston v. Virginia Retirement System 12/03/2013
No error in trial court’s finding that the denial of disability retirement benefits to appellant was supported by substantial evidence as medical evidence did not compel conclusion that appellant was incapacitated for further performance of duty, that the incapacity was likely to be permanent, and any pre-existing condition worsened since joining VRS
0153134 Aminata Carew v. Commonwealth of Virginia 11/26/2013
Trial court erred in finding evidence was sufficient to support conviction of driving a motor vehicle without a valid license where evidence did not prove appellant had notice that her license was suspended; conviction reversed
1825123 Derrick Renard Powell v. Commonwealth of Virginia 11/26/2013
No error in trial court’s finding that evidence was sufficient to prove appellant distributed an imitation controlled substance
0022132 Reston Surgery Center v. City of Alexandria and PMA Management, Corp. 11/19/2013
Commission erred in finding that appellant was properly enrolled as a participating provider, that appellant waived its contractual right to enforce notice provision, and that appellee was an intended third-party beneficiary; remanded to enter judgment consistent with Court’s holding
0079134 Larry George Snellings v. Stafford County Fire and Rescue Department, et al. 11/19/2013
No error in commission’s finding that appellant was not entitled to Code § 65.2-402 presumption because he offered no proof that his hypertension resulted in his disability
0060134 Marlin Roske v. Culbertson Company and Virginia Surety Company, Inc. 11/12/2013
No error in commission’s finding that appellant’s application for a change-in-condition award was not timely filed where appellees did not waive their right to rely on Code § 65.2-708 and there was no de facto award that would extend the filing deadline
0600132 Virginia Tree Harvesters, Inc., et al. v. George W. Shelton 11/12/2013
No error in commission’s finding that appellee suffered a compensable injury by accident arising out of and in the course of his employment where conditions of his workplace caused his injuries, his employment exposed him to the particular danger from which he was injured, and his injury was a natural incident of his work
2113121 Kerry Lee Winslow v. Commonwealth of Virginia 11/12/2013
Appellant’s arguments that Rule 3A:8(c)(2) precluded the court from accepting his plea agreement and issuing a conviction based upon it barred by Rule 5A:18; conviction order was not void ab initio and ends-of-justice exception does not excuse procedural default
0465122 Jared Benjamin Bailey v. Commonwealth of Virginia 11/05/2013
Trial court did not abuse its discretion in refusing to admit testimony based on the declaration-against-penal-interest exception to the hearsay rule where appellant’s decision to invoke his Fifth Amendment right not to testify did not render him unavailable under the exception
1909123 Jacob Lynn Patterson v. Commonwealth of Virginia 11/05/2013
Trial court did not err in admitting results of blood test where officer’s decision to offer a blood test was appropriate as appellant was arrested for a dui-related offense based on officer’s observations and lack of an odor of alcohol and officer believed appellant was operating vehicle under the influence of something other than alcohol
0293131 Levin Grimes v. Commonwealth of Virginia 10/29/2013
No error in appellant’s conviction of burglary where evidence proved crawl space appellant entered was enclosed within walls of house and constitutes part of dwelling house; Commonwealth failed to establish that value of copper pipes stolen had a market or actual value of $200 – larceny convictions reversed and remanded
1570121 Darren D. Snowden v. Commonwealth of Virginia 10/29/2013
Trial court did not err in admitting exhibit records after they had been properly certified by the circuit court clerk which was the court where the records were preserved after the records had been certified from the general district court to the circuit court when appellant’s felony charges were certified to the grand jury
0067133 Meidan, Incorporated and Technology Insurance Company v. Tina Leavell 10/22/2013
Commission’s award of benefits to appellee affirmed where appellee provided adequate and timely notice of her injury to employer as it is clear employer had actual notice within 30 days of accident that caused injury; any error in commission’s incorrect usage of term “law of the case” harmless
0965123 Dennis Holland v. Commonwealth of Virginia 10/22/2013
Trial court’s reinstatement of appellant’s original sentence affirmed where one order was void ab initio for lack of jurisdiction and one order was voided by operation of law when appellant was transferred to the Department of Corrections
0983122 Traveyan Lee Chambliss v. Commonwealth of Virginia 10/22/2013
Trial court did not err in denying appellant’s motion to strike or in finding evidence was sufficient to establish a continuing conspiracy to elude in Caroline County
1572122 Mark Farewell v. Commonwealth of Virginia 10/22/2013
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where appellant effectively tolled the provisions of Code § 19.2-243 by requesting a continuance as reflected in the March 2, 2012 order
0187132 Christopher Alexander Snyder v. City of Richmond Police Department 10/15/2013
No error in commission’s finding that appellant’s injury did not arise out of a risk of his employment and was not a compensable injury
0337132 Glenda H. Milot v. David S. Milot 10/15/2013
Trial court did not err in denying appellant’s motion to vacate the dismissal order and reinstate the pendente lite order because the dismissal did not violate appellant’s due process rights and appellant failed to overcome presumption that trial court clerk fulfilled Code § 8.01-335(B)’s requirements; no abuse of discretion in denying appellee’s request for attorney fees
1753122 Justin Sarafin v. Commonwealth of Virginia 10/08/2013
Trial court did not err in refusing to give jury appellant’s proffered instructions regarding what constitutes “operation” of a motor vehicle or in finding evidence was sufficient to support appellant’s conviction of driving under the influence
2185124 Tyrus H. Thompson and Ja’Ree C. Thompson v. Fairfax County Department of Family Services, et al. 09/10/2013
Judgment of trial court reversed and matter remanded to trial court to determine whether, by clear and convincing evidence, transfer to a tribal court would cause, or would present a substantial risk of causing, immediate serious emotional or physical damage to child; custody of child also reversed
2216124 Jasmine Vanderplas v. Fairfax County Department of Family Services, et al. 09/10/2013
Judgment of trial court reversed and matter remanded to trial court to determine whether, by clear and convincing evidence, transfer to a tribal court would cause, or would present a substantial risk of causing, immediate serious emotional or physical damage to child; custody of child also reversed
2217124 Minh-Sang Nguyen v. Fairfax County Department of Family Services 09/10/2013
Judgment of trial court reversed and matter remanded to trial court to determine whether, by clear and convincing evidence, transfer to a tribal court would cause, or would present a substantial risk of causing, immediate serious emotional or physical damage to child; custody of child also reversed
2232124 Nancy J. Martin, as Guardian ad litem v. Fairfax County Department of Family Services, et al. 09/10/2013
Judgment of trial court reversed and matter remanded to trial court to determine whether, by clear and convincing evidence, transfer to a tribal court would cause, or would present a substantial risk of causing, immediate serious emotional or physical damage to child; custody of child also reversed
0606121 Vernon Ray Chappelle v. Commonwealth of Virginia 08/20/2013
Assuming without deciding that side-switching doctrine applies in criminal cases, trial court did not err in allowing expert to testify because appellant did not meet burden of proof on actual disclosure prong of doctrine; argument regarding violation of statutory scheme barred by Rule 5A:18
1389121 Dwayne A. Farmer v. Commonwealth of Virginia 08/13/2013
Trial court did not abuse its discretion in admitting three certified criminal warrants to prove appellant’s predicate misdemeanor convictions
1471124 Delores O’Brien Heffernan v. Arlington County Department of Human 08/13/2013
Decisions of trial court denying child attorney in addition to her guardian ad litem, approving goal of adoption despite her guardianship of child, changing goal of permanency plan to adoption, ordering no contact with child until she turns 18 affirmed; appellant lacks standing to challenge termination of mother’s parental rights to child
1519124 Patricia Tackett v. Arlington County Department of Human Services 08/13/2013
Decisions of trial court denying child attorney in addition to her guardian ad litem, finding child was not of an age of discretion, finding evidence was sufficient to support termination of appellant’s parental rights to her child, and ordering no contact with child until she turns 18 affirmed
1520124 Delores O’Brien Heffernan v. Arlington County Department of Human Services 08/13/2013
Trial court’s denial of appellant’s petition for custody of child affirmed
0387123 Curtis Trumaine Calloway v. Commonwealth of Virginia 08/06/2013
Commonwealth’s objection to sufficiency of appellant’s assignment of error waived where no objection was raised prior to granting of petition; trial court did not err in convicting appellant of felonious violation of a protective order where evidence was sufficient to prove appellant “furtively” entered victim’s home
1124121 Demetrie Lamont Watkins v. Commonwealth of Virginia 08/06/2013
Trial court did not err in denying motion to set aside verdict where it was reasonable to conclude appellant arranged means and measures necessary for commission of offense of knowingly and intentionally possessing or transporting firearm after having been convicted of felony and that attempt was direct movement toward commission of offense after preparations were made
1280121 Darcella Reed v. Commonwealth of Virginia 08/06/2013
No error in trial court’s finding that appellant failed to rebut permissive inference of fraudulent intent afforded under Code § 18.2-117; conviction of failing to return bailed property affirmed
1084121 Ceon Maurice Fauntleroy v. Commonwealth of Virginia 07/30/2013
Trial court did not err in denying appellant’s motion to suppress where officer’s decision to impound vehicle was reasonable under totality of circumstances in this case; matter remanded to trial court to correct clerical error in sentencing order regarding conviction of simple possession of marijuana
0565112 Larwan Badru Bonner v. Commonwealth of Virginia 07/23/2013
Upon Rehearing En Banc – trial court erred in finding venue was proper in Brunswick County; conviction of altering serial number on a firearm reversed and remanded
2078124 Joseph A. Wiencko, Jr. v. Akemi Takayama 07/23/2013
Trial court erred in considering appellant’s separate property retirement accounts in awarding appellee totality of marital retirement accounts; trial court did not err in its custody determination, in considering report of guardian ad litem or imposing certain travel restrictions on appellee
2224122 Philip Morris USA, Inc. v. Wilbur N. Mease 07/23/2013
Commission did not err in ordering appellants to pay for increased physical therapy sessions for appellee as the agreement to pay benefits covered appellee’s traumatic brain injury or in awarding attorney’s fees against appellants under Code § 65.2-713(A)
0522122 Ronald Stuart Murry, Jr. v. Commonwealth of Virginia 06/25/2013
No abuse of discretion by the trial court in requiring the waiver of appellant’s Fourth Amendment search rights for the rest of his life as a condition of his probation
0573122 Patrick Timothy Jeffers v. Commonwealth of Virginia 06/18/2013
Trial court did not err in refusing to suppress incriminating evidence obtained by officers pursuant to a search warrant
2148123 Tyco Electronics and Insurance Company of the State of Pennsylvania v. Tony Alvin VanPelt 06/18/2013
Commission did not err in finding a de facto award was proper and awarding wage compensation and medical benefits for a neck and upper back work-related injury; no error in commission’s interpretation of supplemental agreement which resolved abandonment, statute of limitations, and res judicata defenses
2379112 Grey Alexander Ferrell v. Commonwealth of Virginia 06/18/2013
Trial court did not err in excluding from evidence the acquittal order entered in the trial of appellant’s brother; convictions of malicious wounding and use of a firearm in commission of felony as a principal in second degree affirmed
1796123 Andy DeWayne Cumbo v. Dickenson County Department of Social Services 06/11/2013
Trial court did not err in finding appellant’s nieces were abused and neglected under Code § 16.1-228(4)
1891123 Earl F. Layman v. Dorothy J. Layman 06/11/2013
Trial court erred in classifying as marital property the one-half interest in real estate appellant inherited during the marriage where using separate property to secure a loan which is used for marital purposes and is subsequently repaid in full using marital funds does not transmute the pledged property into marital property
0217121 Richard Douglas Thomas, Jr. v. Commonwealth of Virginia 05/28/2013
Trial court did not err in denying appellant’s motion to reopen and reconsider a pretrial ruling denying his motion to suppress
0369124 Ernesto Wilfredo Solano Godoy v. Commonwealth of Virginia 05/28/2013
Trial court did not err in admitting telephone records into evidence where those records were sufficiently reliable to warrant their admission into evidence
0870124 Terry Lang Dillsworth v. Commonwealth of Virginia 05/14/2013
No error in trial court’s finding that Maryland law under which appellant was previously convicted substantially conformed to Code § 18.2-51 and that conviction could be used as a predicate offense to establish appellant had a prior violent felony conviction; trial court did not commit reversible error by admitting Maryland records
1633124 Abdelhadi Mouhssine v. Crystal City Laundry and New Hampshire Insurance Company 05/14/2013
No error in commission’s finding that appellees made the required bona fide effort to require appellant to follow the back brace rule and that appellant’s claim for benefits is barred under Code § 65.2-306(A)(5); issue regarding duration of appellant’s disability barred by Rule 5A:18
1714122 Fredericksburg Orthopaedic Associates v. Fredericksburg Machine & Steel, LLC et al. 05/14/2013
Commission did not err in finding that appellant’s unpaid medical treatment charges for the employee were not reasonable and necessary
1164123 Kepa, Inc., d/b/a She-Sha Café and Hookah Lounge v. Virginia Department of Health 05/07/2013
Petition for Rehearing En Banc granted
1168102 Vickie Marrs Belew v. Commonwealth of Virginia 05/07/2013
Trial court did not err in finding victim was injured in the accident and that knowledge of that injury could be imputed to appellant; conviction of felony hit and run affirmed
1800124 Faysal M. Zedan v. Sylvie E. Westheim, f/k/a Sylvie Zedan 05/07/2013
Trial court did not err in ordering the release of funds from appellant’s appeal bond to pay child support arrearage judgment due appellee from a previous appeal to this Court
1910124 Abegail Cornwell Cruz, n/k/a Abigail Caballero Cornwell v. Peter S. Cruz, Sr. 04/30/2013
No error in trial court’s order granting motion to strike appellant’s divorce case where it correctly construed Code § 20-106(A)(iii) finding where the defendant makes an appearance to challenge the divorce, that party is obviously not proceeding in an uncontested fashion
0766122 Cephas Leon Blunt v. Commonwealth of Virginia 04/23/2013
No error in trial court’s admission of challenged evidence at sentencing as it did not violate appellant’s Fourteenth Amendment due process rights
1385123 William Scott Ingram v. Commonwealth of Virginia 04/23/2013
Trial court did not err in denying appellant’s request for a jury trial; appellant’s sufficiency argument was rendered moot at the expiration of the 180-day order entered pursuant to Code § 37.2-1101
0830123 Lashon Marcay Pritchett v. Commonwealth of Virginia 04/16/2013
Trial court properly considered appellant’s statements in assessing whether appellant’s guilty pleas were entered inadvisedly or based on a mistake concerning trial court’s ability to reject the sentencing recommendation by the Commonwealth and did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas
0888123 Parker Chad Ross v. Commonwealth of Virginia 04/16/2013
Trial court erred in denying motion to suppress evidence discovered during a warrantless entry into his residence where neither the emergency nor the community caretaker exceptions applied
1274122 Family Redirection Institute, Inc. v. Commonwealth of Virginia, etc. 04/16/2013
No error in trial court’s judgment upholding appellee’s decision where appellee did not enforce unwritten documentation requirements by noting the presence or absence of written evidence to support appellant’s claim or by determining that appellant did not establish the qualifications of its four employees by a preponderance of the evidence
0875122 Rohit Patel v. Ilaben R. Patel 04/09/2013
No error in trial court’s findings regarding the value of certain marital property for purposes of equitable distribution and appellant’s income for purposes of determining child and spousal support
1667114 Felecia Amos v. Commonwealth of Virginia 04/09/2013
Upon Rehearing En Banc – Appellant’s legal arguments are properly before Court in this summary contempt appeal; trial court erred in convicting appellant of summary contempt based on its finding that appellant had testified untruthfully and that she was vindictive toward her estranged husband
0197122 Dijon Allen Smith v. Commonwealth of Virginia 04/02/2013
No error in appellant’s conviction of use of a firearm in the commission of burglary where way appellant used gun after entering victim’s residence supported inference that he used the gun during the entry for same purpose
0666121 Kareem Donte Barlow v. Commonwealth of Virginia 04/02/2013
Trial court did not err in finding evidence was sufficient to prove firearm recovered retained its characteristic as a firearm and was designed, made, and intended to expel a projectile by means of an explosion; conviction of possession of a firearm by a convicted felon affirmed
0822121 Edward Hines Sigler v. Commonwealth of Virginia 04/02/2013
Trial court did not abuse its discretion in ordering amount of restitution to one of victims where the restitution evidence was supported by a preponderance of the evidence
0940122 Latasha Michelle Gordon v. Commonwealth of Virginia 04/02/2013
Trial court erred in sentencing appellant beyond statutory maximum for her convictions of unlawful wounding; remanded to trial court for resentencing using correct statutory range
0286124 Carlos Abraham Martinelly Montano, s/k/a, etc. v. Commonwealth of Virginia 03/26/2013
Trial court did not err in finding evidence was sufficient to support felony murder conviction where underlying felony of driving while intoxicated caused the collision and resulted in an accidental death
0858112 Roberto Tyrone Chatman v. Commonwealth of Virginia 03/26/2013
Upon Rehearing En Banc – Court finds that as appellant timely filed a petition for appeal, he can file an amended petition, even after the filing deadline has passed, that corrected defect under Rule 5A:12(c)(1); evidence was sufficient to support convictions of abduction and malicious wounding
0885113 Steve Whitt v. Commonwealth of Virginia 03/26/2013
Upon Rehearing En Banc – Court finds appellant may amend his assignment of error to correct defect under Rule 5A:12(c)(1) where notice of appeal and petition were timely filed and requested amendment is consistent with arguments presented at trial and does not constitute broadening of original assignment of error; convictions affirmed
1148122 Yasmine S. Hamad v. Sammy N. Hamad 03/26/2013
No error in trial court’s 60/40 distribution of parties’ assets or its valuation of the marital liquid assets
2048113 Timoth Woodard v. Commonwealth of Virginia 03/26/2013
Trial court erred in finding evidence was sufficient to support conviction of felony murder where the underlying felony was completed prior to killing and was not part of the same criminal enterprise as the killing
2708101 Donte Lavell Brooks v. Commonwealth of Virginia 03/26/2013
Upon Rehearing En Banc – Appeal dismissed where counsel for appellant failed to comply with Rule 5A:12(c)(1) and, despite multiple opportunities, did not cure the defect in his petition for appeal or request to file an amended brief correcting defect
0477113 Latoya Mrytrise Robertson v. Commonwealth of Virginia 03/19/2013
Upon Rehearing En Banc – trial court did not err by admitting exhibits where they were jointly prepared and one of the proponents intimately involved in preparation of exhibits was subject to cross-examination; conviction of felony shoplifting affirmed
1922114 John E. Hamilton v. Commonwealth of Virginia 03/19/2013
No reversible error where trial court substantially complied with Code § 9.1-902(H); trial court’s denial of appellant’s motion for a new sentencing affirmed
1556124 S&S Electric, Inc. and Hartford Casualty Insurance Company v. Michael Markulik, et al. 03/12/2013
Commission did not err in finding appellant Hartford, the insurer responsible for appellee Markulik’s most recent compensable condition, responsible for Markulik’s ongoing temporary total disability benefits
2447114 Andrew McQuay Jacobs v. Commonwealth of Virginia 03/12/2013
No abuse of discretion in trial court’s December 5, 2011 revocation order as appellant had time remaining to be served where trial court’s earlier revocation order could not have negated any of the original suspended sentences from appellant’s underlying convictions
0271121 Leo Ricardo Barnes v. Commonwealth of Virginia 03/05/2013
No error in appellant’s convictions of indecent exposure and sexual display where appellant did not have a reasonable expectation of privacy in first floor lockup and evidence was sufficient to find appellant’s behavior occurred in a public place
2171111 Jayquane D. Perry v. Commonwealth of Virginia 03/05/2013
Trial court did not err in admitting the evidence pertaining to appellant’s juvenile adjudication for the purpose of establishing his prior adjudication of delinquency; trial court did not err in finding evidence sufficient to prove his prior adjudication of delinquency and that instrument was a firearm
0947122 David Carlton Wright v. Laura McGahey Roberts Wright 02/19/2013
Final decree affirmed except for its failure to identify the duration of the reservation of appellee’s future spousal support rights and its failure to limit the equitable distribution award pertaining to appellant’s supplemental retirement plan to the marital share of the plan
0958122 Laura McGahey Roberts Wright v. David Carlton Wright 02/19/2013
Trial court did not err in determining the valuation date of two accounts, in finding appellee had properly spent significant marital funds or in setting a defined-duration spousal support award
1301112 Richard Turner Moter v. Commonwealth of Virginia 02/19/2013
No error in trial court’s finding that evidence was sufficient to find appellant guilty of computer harassment and to revoke appellant’s suspended sentence
1434122 Orthopaedic and Spine Center v. Muller Martini Manufacturing Corp. et al. 02/19/2013
Commission erred in denying appellant’s request for reimbursement where the notice provision of the contract was not satisfied and evidence relied on by commission was not sufficient to prove acceptance, acquiescence and/or waiver
0458122 Elias P. Doulgerakis v. Commonwealth of Virginia 02/05/2013
Conviction of possession of a concealed weapon reversed and dismissed where appellant’s handgun was in a closed, latched and well-fastened glove compartment in his vehicle and was in compliance with the exception to the concealed weapon prohibition
0565112 Larwan Badru Bonner v. Commonwealth of Virginia 02/05/2013
Petition for Rehearing En Banc granted
2349112 Kyle Cornelia Leftwich, a/k/a Kyle L. Banning v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that evidence was sufficient to establish the wrongful taking of checks received by appellant for her employer according to the terms of her employment; convictions of embezzlement affirmed
0191122 Donald B. Farmer, s/k/a Don B. Farmer v. Commonwealth of Virginia 01/29/2013
No error in appellant’s convictions of first-degree murder, rape, robbery, and statutory burglary where appellant and codefendant were equally guilty of crimes and trial court properly instructed jury; evidence was sufficient to support convictions
0090121 Kenneth A. Stokes, Jr. v. Commonwealth of Virginia 01/15/2013
Trial court’s decision that it lacked jurisdiction under Code § 19.2-303 to modify or reduce appellant’s previously imposed sentence because appellant had been transferred to the Department of Corrections affirmed
0086121 Virginia Marine Resources Commission v. Chincoteague Inn and Raymond Britton 01/08/2013
Upon Rehearing En Banc – no error in trial court’s finding that appellant lacked jurisdiction to order the removal of a temporarily moored vessel over state-owned subaqueous bottomlands
1971111 Gary Alexander Cuffee v. Commonwealth of Virginia 01/08/2013
No error in trial court’s finding that evidence was sufficient to prove appellant’s identity as the shooter, to prove appellant shot from the street which was public property, and to prove that appellant intended to shoot at one of the victims
2244113 Jack Stanley Evans, Jr. v. Commonwealth of Virginia 12/26/2012
Appeal dismissed where notice of appeal did not sufficiently identify the conviction being appealed to grant this Court jurisdiction
2439112 Richard Alvin Otey v. Commonwealth of Virginia 12/26/2012
Trial court did not err in denying appellant’s motion to suppress where officer’s stop of appellant’s vehicle was based on a reasonable, articulable suspicion that appellant’s vehicle had defective equipment
0066123 Raheem Montaz Knight v. Commonwealth of Virginia 12/18/2012
Trial court erred in denying appellant’s motion to suppress handgun found in appellant’s backpack; conviction of carrying a concealed weapon, second or subsequent offense, reversed and remanded to trial court
1376112 Stephen Matthew Sutphin v. Commonwealth of Virginia 12/18/2012
Conviction of perjury under Code § 18.2-435 affirmed as appellant’s assignment of error on appeal is entirely irrelevant to the charge brought and upon which appellant was convicted where evidence was aimed at satisfying elements of Code § 18.2-434 and appellant has not asked Court to apply ends of justice exception to Rule 5A:18
1730111 Walter D. Booker, Jr. v. Commonwealth of Virginia 12/18/2012
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea as appellant offered no evidence to support anything other than an insubstantial or “formal” defense
1916111 Walter Delany Booker, Jr. v. Commonwealth of Virginia 12/18/2012
Trial court did not err in revoking appellant’s suspended sentence and properly considered appellant’s new conviction in determining whether to revoke the suspended sentence
0131123 Jeremy Deshawn Fitzgerald v. Commonwealth of Virginia 12/11/2012
Trial court did not err in admitting the certificate of blood alcohol analysis and the breath test results it contained
0565112 Larwan Badru Bonner v. Commonwealth of Virginia 12/11/2012
Trial court erred in finding evidence was sufficient to establish that venue was proper in Brunswick County; conviction for altering the serial number of a firearm reversed and remanded
2421113 Barry Eugene Lawson v. Commonwealth of Virginia 12/11/2012
Trial court erred in denying appellant’s motion to dismiss the driving while intoxicated, fourth or subsequent offense, indictment where he had been previously convicted of reckless driving in the district court arising out of the same acts or act that were the basis for the felony indictment
2600113 Johnathon Lane Justiss, a/k/a Jonathan Lane Justiss v. Commonwealth of Virginia 12/11/2012
Trial court erred in allowing witness to testify as to the ultimate issue of whether a BB gun had the capacity to cause serious bodily injury or death; convictions of entering a bank while armed with a deadly weapon and conspiracy to commit bank robbery reversed and remanded
0366113 Wesley Brian Earnest v. Commonwealth of Virginia 12/04/2012
Trial court did not abuse its discretion in refusing to allow witness to testify where proposed testimony by a witness unqualified as an expert in the field concerning reports or cases unrelated to the fingerprint analyses at issue in this case did not tend to establish or rebut a fact at issue or refute conclusions reached by two expert fingerprint analysts
0643121 Adam H. Fox v. Jessica C. Fox 12/04/2012
Trial court did not abuse its discretion in failing to divide real estate parcels that were for all practical purposes neither liquid nor suitable for division; trial court’s award of equitable distribution and spousal support affirmed
1590112 Wendell Kirk Dean v. Commonwealth of Virginia 12/04/2012
Trial court erred in admitting evidence of two prior robbery convictions from Maryland to prove third or subsequent offense where those convictions were not for offenses “substantially similar” for purposes of Code § 19.2-297.1
2557114 Starbucks Coffee Company and American Zurich Insurance Company v. Kristin Shy 12/04/2012
Commission did not err in refusing to terminate appellee’s award of temporary total disability benefits based on appellants’ allegations that appellee experienced a change in condition upon her return to work or that appellee abandoned the labor force when she enrolled in college courses
0476124 Kent M. Williams v. Kimberly D. Williams 11/27/2012
No error in order of trial court dismissing appellant’s motion to modify child support for lack of subject matter jurisdiction
0768113 Scott Edward Knight v. Commonwealth of Virginia 11/13/2012
Trial court did not err in finding appellant acted with malice or with the specific intent to maim, disable or kill and that appellant had the specific intent to damage property where he intentionally drove his vehicle at extremely high speeds within a commercial area
1134112 Muse Construction Group, Inc. v. Commonwealth of Virginia Board for Contractors, et al. 11/13/2012
Upon Rehearing En Banc – judgment of trial court affirmed where Rule 2A:4(a) requires service of process upon an agency secretary in the same manner as is required with the commencement of any other civil action
0563114 Jamie Aaron Kuhne v. Commonwealth of Virginia 11/06/2012
Trial court did not err in denying appellant’s motion to suppress his statement made to the police where the statement he provided after he received Miranda warnings was voluntary
0899113 Dejuan Hodgins v. Commonwealth of Virginia 11/06/2012
No error in trial court’s revocation of appellant’s suspended sentence where appellant failed to be of good behavior when he was convicted of new offenses that occurred while he was incarcerated and on work release
2159111 David Smith v. Commonwealth of Virginia 11/06/2012
Trial court did not err in denying appellant’s motion to suppress the victim’s identification of him from a photo array
2276114 Patricia Blevins v. Prince William County Department of Social Services 11/06/2012
No error in trial court’s finding that it could not exercise its jurisdiction to review a dispositional order where the final order of the juvenile court was not appealed within 10 days of entry
0861112 Tariq Rashad Amin v. County of Henrico 10/31/2012
No error in trial court’s denial of appellant’s motion to suppress as appellant’s encounter with the officers was entirely consensual; appellant’s argument regarding whether his conviction is void not raised in his petition for appeal and appellant’s failure to comply with Rule 5A:12(c) removes issue from Court’s appellate purview
0477113 Latoya Mrytrise Robertson v. Commonwealth of Virginia 10/23/2012
Petition for Rehearing En Banc granted
0956112 Franklin Taylor, s/k/a Franklin Wayne Taylor v. Commonwealth of Virginia 10/23/2012
Trial court erred in seating one of the jurors after doubts were raised regarding his impartiality during voir dire
1031112 Orlando Rondell Williams v. Commonwealth of Virginia 10/23/2012
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of possession of ammunition for a firearm by a felon where language in Code § 18.2-308.2(D) uses the word “or” rather than “and” in defining ammunition for a firearm
1408111 Michael Tyrone Morgan v. Commonwealth of Virginia 10/23/2012
Trial court did not abuse its discretion in admitting the certificates of analysis and allowing the evidence to be reopened in light of the development in the prevailing law following the evidentiary hearing
1784111 Leon Elliott, Jr. v. Commonwealth of Virginia 10/23/2012
Trial court did not err in denying appellant’s motion to suppress the heroin found in his pocket where facts support trial court’s finding that appellant was not coerced into consenting to the officer’s request to search
2175113 Betty Leona (Anderson) (Ritchie) Layne v. Donald Lee Layne 10/23/2012
Trial court erred in denying appellant’s motion to reinstate the case on the docket and in denying her a hearing on her request for visitation where it erred in holding that appellant lacked a legitimate interest to seek visitation as the termination of appellant’s parental rights was in error
2516114 William Gabriel Starrs v. Commonwealth of Virginia 10/23/2012
Trial court did not err in finding it lacked the authority to defer appellant’s disposition solely in order to dismiss the charges against him as trial court had accepted appellant’s voluntary and intelligent guilty pleas and thereafter had no discretion to dismiss the charges against him
0012124 Commonwealth of Virginia v. Charles Lordell Jefferson, Jr. 10/16/2012
Trial court did not err by ordering appellee’s mandatory minimum sentences for production of child pornography, first offense, to run concurrently
0130122 David Junior Howell v. Commonwealth of Virginia 10/16/2012
Trial court did not err in denying appellant’s motion to withdraw his Alford plea after the sentencing hearing as appellant has not shown a manifest injustice to be corrected
0474122 Josue Mar v. Courtney Malveaux, Commissioner, Virginia Department of Labor and Industry 10/16/2012
No error in trial court’s order dismissing appellant’s petition for appeal from the Department’s decision closing his wage claim against his employer as Article 3 of the Virginia Administrative Process Act does not apply to appellant’s claim
0051122 Joseph Moncrief v. Division of Child Support Enforcement, ex rel. Mary Ann Joyner 10/09/2012
Trial court did not err in registering the 1997 child support order from the North Carolina court and applying the term of duration as originally set forth in the 1994 New York court order, which was not modified and remained in full force and effect through language in the 1997 order
0086121 Virginia Marine Resources Commission v. Chincoteague Inn and Raymond Britton 09/18/2012
Petition for rehearing ENBANC granted
0477113 Latoya Mrytrise Robertson v. Commonwealth of Virginia 09/11/2012
Trial court erred in admitting two exhibits into evidence in violation of appellant’s confrontation right; charge of felony shoplifting reversed and dismissed
0858112 Roberto Tyrone Chatman v. Commonwealth of Virginia 08/29/2012
Court, on its own motion, has decided to hear case en banc
0885113 Steve Whitt v. Commonwealth of Virginia 08/29/2012
Court, on its own motion, has decided to hear case en banc
2708101 Donte Lavell Brooks v. Commonwealth of Virginia 08/29/2012
Court, on its own motion, has decided to hear case en banc
0307111 Damon Phineas Jordan v. Commonwealth of Virginia 08/28/2012
Appellant’s conviction for possession of a firearm by a convicted felon affirmed where the evidence was sufficient for the jury to conclude that the object appellant displayed was intended to expel a projectile by means of an explosion
1803111 Matthew Thomas Bennett v. Commonwealth of Virginia 08/21/2012
Trial court did not err in finding the evidence sufficient to convict appellant under Code § 46.2-910 as a fact finder could reasonably infer that appellant’s statement was intended to express appellant’s belief that his helmet failed to meet or exceed any of the three enumerated standards in Code § 46.2-910; judgment affirmed
1804111 William James Bowers, Jr. v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1805111 John W. Brown v. Commonwealth of Virginia 08/21/2012
Judgment reversed as the Commonwealth did not meet its burden in establishing that appellant’s use of the helmet was not in compliance with Code § 46.2-910; summons against appellant dismissed
1806111 Michael J. Klebak v. Commonwealth of Virginia 08/21/2012
Trial court did not err in finding the evidence sufficient to convict appellant under Code § 46.2-910 as a fact finder could reasonably infer that appellant’s statement was intended to express appellant’s belief that his helmet failed to meet or exceed any of the three enumerated standards in Code § 46.2-910; judgment affirmed
1807111 Carl Jay Klein v. Commonwealth of Virginia 08/21/2012
Trial court did not err in finding the evidence sufficient to convict appellant under Code § 46.2-910 as a fact finder could reasonably infer that appellant’s statement was intended to express appellant’s belief that his helmet failed to meet or exceed any of the three enumerated standards in Code § 46.2-910; judgment affirmed
1808111 Scott M. Lafountaine v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1809111 Edward J. Lemmon v. Commonwealth of Virginia 08/21/2012
Judgment reversed as appellant’s statement to trooper does not provide a sufficient basis to establish the elements of an offense under Code § 46.2-910; summons against appellant dismissed
1810111 Paul A. Maroon v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1811111 Arnold E. Meadows, s/k/a Arnold E. Meadows, Jr. v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1812111 Ronald Lee Moore v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1813111 Mark Darrel Osenbaugh v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1814111 Kristina G. Price v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1815111 Michael H. St. Clair v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1816111 Paul E. Warren v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
1817111 Richie D. Wells, s/k/a Richie D. Wells v. Commonwealth of Virginia 08/21/2012
Judgment reversed as Code § 46.2-910 does not require that protective helmets be marked or labeled in accordance with any safety standard; summons against appellant dismissed
0086121 Virginia Marine Resources Commission v. Chincoteague Inn and Raymond Britton 08/14/2012
Trial court erred in ruling that appellant did not have jurisdiction to order removal of a floating platform from state-owned bottomland; matter remanded to trial court for further proceedings
0469111 Zarek Jamar Coleman v. Commonwealth of Virginia 08/14/2012
Appeal dismissed where appellant’s sole assignment of error raised on appeal does not address the findings or rulings of the trial court and in insufficient under Rule 5A:12(c)(1)(ii)
0858112 Roberto Tyrone Chatman v. Commonwealth of Virginia 08/14/2012
Appeal dismissed where appellant failed to file a petition that complied with Rule 5A:12(c)(1) where appellant did not file a timely petition for appeal containing an exact reference to the pages of the transcript or written statement of facts where the alleged error was preserved in the trial court
0885113 Steve Whitt v. Commonwealth of Virginia 08/14/2012
Appeal dismissed where appellant failed to file a petition that complied with Rule 5A:12(c)(1) where appellant failed to provide an adequate assignment of error as it alleges only a general insufficiency of the evidence
2343114 Navistar, Inc. v. New Baltimore Garage, Inc. et al. 08/14/2012
Trial court erred in affirming Commissioner’s decision where Commissioner erred in his interpretation of Code § 46.2-1571; matter remanded to trial court for remand to Commissioner for further proceedings
2708101 Donte Lavell Brooks v. Commonwealth of Virginia 08/14/2012
Appeal dismissed where appellant failed to file a petition that complied with Rule 5A:12(c)(1) where appellant failed to provide an exact reference to the pages of the transcript where the alleged error was preserved, instead citing to the entire transcript of the motion to suppress hearing and the entire trial transcript
0585111 Phillip C. Bay, s/k/a Phillip C. Bay v. Commonwealth of Virginia 08/07/2012
Trial court did not err in denying appellant’s motion for a change in venue or in denying appellant’s motion to suppress evidence obtained from two searches of appellant’s residence
1598112 Christopher Y. Person v. Commonwealth of Virginia 08/07/2012
No error in appellant’s conviction of possession of a sawed-off shotgun where jury could determine from examining weapon whether it met statutory definition
2102111 Robert Levon Branch v. Commonwealth of Virginia 08/07/2012
Trial court did not err in denying appellant’s motion to withdraw his guilty plea based on its finding that appellant was not acting in good faith
2570114 Faysal M. Zedan v. Sylvie E. Westheim 08/07/2012
No error in trial court’s finding that final decree of annulment was not void; appellant’s conviction of contempt reversed where appellant never received notice of the final decree obligating him to pay child support; trial court erred in crediting appellant’s child support obligation based on tuition payments for parties’ children
1158113 Cecelia Leigh Burnette v. Commonwealth of Virginia 07/31/2012
Trial court did not err in finding evidence was sufficient to support felony child neglect conviction, in admitting evidence of appellant’s prior bad acts, in admitting autopsy photos or in precluding appellant from asking witness about scientific literature on the profile of abusive head trauma perpetrators
1528112 Priscilla Sherrie Parham v. Commonwealth of Virginia 07/31/2012
Trial court did not err in finding evidence was sufficient to support appellant’s contempt conviction where appellant committed misbehavior in presence of the court; trial court did not violate appellant’s due process rights by admitting into evidence the JDR court’s certificate as required by Code § 18.2-459
2558102 Thomas Pope, Jr. v. Commonwealth of Virginia 07/31/2012
Appellant’s convictions of rape and murder affirmed where appellant’s Batson challenge and hearsay evidence issue are barred by Rule 5A:18 and trial court did not err in overruling appellant’s motion to exclude DNA analysis obtained from physical evidence, in precluding him from introducing DMP or in admitting certificates of analysis
1428112 Jerry Lee Washington v. Commonwealth of Virginia 07/24/2012
Trial court did not err in denying appellant’s motion to suppress where probable cause and exigent circumstances justified deputies’ warrantless entry into appellant’s home
1790111 Troy Lamont Boone v. Commonwealth of Virginia 07/24/2012
Trial court did not err in finding capias was valid at time of its execution; trial court erred in failing to give appellant credit for time served in detention and diversion incarceration program
2461114 John P. Kavanaugh, Jr., et al. v. Virginia Birth-Related Neurological Injury Compensation Program 07/24/2012
Commission erred in enforcing a reimbursement guideline appellee lacked authority to issue and cannot be justified under the Virginia Birth-Related Neurological Injury Compensation Act
1534111 Van Andre Beasley v. Commonwealth of Virginia 07/17/2012
Trial court did not err in denying appellant’s motion to suppress where by the time appellant actually submitted to officer’s show of authority and was therefore seized for Fourth Amendment purposes, officer had a reasonable, articulable suspicion that appellant was connected to criminal activity
2590112 Michael Bernard v. Carlson Companies - TGIF and Indemnity Insurance Company of North America 07/17/2012
Commission did not err in applying the actual risk test in concluding that while appellant’s injury occurred in the course of his employment, it was not as a result of an actual risk of his employment and properly denied appellant’s compensation claim
1195111 Jarrod Antonio Spence v. Commonwealth of Virginia 07/10/2012
Trial court did not err in denying appellant’s motion for a mistrial, in denying appellant’s motions to strike and upholding his convictions in accordance with the verdicts of the jury, or in denying the public defender’s request to relieve the entire public defender’s office from representing appellant
2581112 Virginia Board for Branch Pilots v. Walter H. McCrory, Jr. 07/10/2012
Trial court erred in reversing appellant’s decision denying appellee’s application for licensure as a branch pilot where decision of appellant was in accordance with the law and free of procedural error and had sufficient evidential support
1400111 Donte Devan Mitchell v. Commonwealth of Virginia 07/03/2012
Appellant’s conviction of use of a firearm in the commission of a robbery affirmed where appellant waived consideration of his argument by failing to cite sufficient legal authority, as required by Rule 5A:20(e), and failure to comply with rule is significant
2567112 Key Risk Insurance Company v. Josephine H. Crews, Executrix of the Estate of James E. Crews 06/19/2012
Commission erred in awarding compensation benefits to appellee where there is no evidence in record that decedent earned any wages or its equivalent in the fifty-two weeks preceding his death or what wages decedent would have earned if not for his death
0919102 William Edward Tuma v. Commonwealth of Virginia 06/12/2012
Upon Rehearing En Banc – Trial court erred in denying appellant’s motion for a new trial based on after-discovered exculpatory evidence; matter remanded to trial court for new trial
0343114 Edwin Noe Garcia v. Commonwealth of Virginia 06/05/2012
Trial court did not err in refusing to strike a particular juror for cause whether nothing in juror’s comments can be construed as bias or prejudging the case
0849112 Michael Anthony Desposito v. Commonwealth of Virginia 06/05/2012
Trial court did not err in denying appellant’s motion to suppress where the checkpoint was constitutionally sound; conviction of driving after having been declared an habitual offender, second or subsequent offense affirmed
1134112 Muse Construction Group, Inc. v. Commonwealth of Virginia Board for Contractors, et. al 06/05/2012
Petition for rehearing ENBANC granted
1431114 Thomas Lee Hicks v. Commonwealth of Virginia 05/29/2012
Trial court did not err in admitting deceased victim’s statements under the excited utterance exception to rule against hearsay where statements were made immediately after victim was shot and appellant had opportunity to cross-examine victim at the preliminary hearing
1005111 The Daily Press, Inc. and Ashley Kelly v. Commonwealth of Virginia 05/22/2012
Appeal transferred to Supreme Court where trial court’s order to remove exhibits and place under seal photocopies of those exhibits was not a purely criminal matter falling under Court’s jurisdiction pursuant to Code § 17.1-406(A)(i)
0217111 Johnny R. Hubbard v. Commonwealth of Virginia 05/15/2012
Trial court failed to apply the correct standard in denying appellant’s motion to withdraw his guilty plea; conviction of first-degree murder reversed and matter remanded to trial court
1010114 Anthony Victor Echavarry v. Commonwealth of Virginia 05/15/2012
Motion to suppress heroin and marijuana found during search of appellant’s belongings as he was admitted to jail pursuant to unrelated charges properly denied where connection between entry to house and discovery of controlled substances so attenuated as to dissipate any taint from the entry
1562104 Ronald Eugene Clarke v. Commonwealth of Virginia 05/15/2012
Revocation of appellant’s suspended sentence affirmed where trial court actually considered appellant’s habitual offender conduct as a ground for revocation only at this revocation hearing and where trial court expressly stated it did not consider this conduct at a prior revocation hearing
2070104 Netsanet Beshah v. Commonwealth of Virginia 05/08/2012
Trial court did not err in finding evidence was sufficient to prove intent to defraud and prejudice to another to support appellant’s convictions of four counts of forgery or in disqualifying appellant’s trial court due to a potential conflict of interest
0199111 Michael Junior Bellamy v. Commonwealth of Virginia 05/01/2012
Trial court did not err in denying appellant’s motion to suppress evidence found during a search incident to arrest where officer’s objectively reasonable good faith reliance on initial dispatcher’s report of an outstanding warrant for appellant’s arrest did not require suppression of bullet in appellant’s pocket
0864114 Whitney Lyn Wells v. Commonwealth of Virginia 05/01/2012
Trial court did not err in refusing appellant’s jury instruction requiring Commonwealth to prove appellant wrongly appropriated property to her benefit or in declining to provide jurors with legal definition of fraud; evidence was sufficient to support embezzlement conviction
1487111 Kathryn O'Neil v. Joseph O'Neil 05/01/2012
Trial court erred in declining to exercise jurisdiction over the appeal from juvenile court and transferring matter to district court of Louisiana where Code § 20-88.43:2 requires court that issued spousal support order retain continuing, exclusive jurisdiction to modify support order for its duration
1628114 Falls Church Cabinetry and Firstline National Insurance Company v. Thomas A. Jewell 05/01/2012
No error in award of benefits to appellee where commission found that appellee was unaware of statute of limitations for this injury and was prejudiced by appellants’ failure to file a first report of accident, statute of limitations was tolled, and claim for benefits was timely
0725111 D.L.G. v. Commonwealth of Virginia 04/24/2012
No error in order adjudicating appellant delinquent of attempting to poison his mother’s tea with intent to kill or injure her where appellant did not suffer a violation of his equal protection rights as he had the same ability as any adult to assert the insanity defense but declined to assert that defense available to him under the adult system
2085113 Wal-Mart and Insurance Company of the State of Pennsylvania v. Ashley L. Poorman 04/24/2012
Commission erred in finding that appellants’ application for hearing alleging appellee unjustifiably refused selective employment failed because appellants did not raise and disprove a causal connection between appellee’s workplace accident and her physical conditions that were not the subject of a current award
1747111 Roy M. Carrithers v. Kimberly A. Harrah 04/17/2012
Appellee’s motion to dismiss appeal granted and appeal dismissed for lack of jurisdiction as appellant failed to file his notice of appeal within thirty days of the March 29, 2011 order which disposed of the merits of the case
0055113 Lisa Michelle Hylton v. Commonwealth of Virginia 04/10/2012
No error in trial court’s finding that evidence was sufficient to support conviction of second-degree murder where victim’s death, caused by ingestion of methadone, was within res gestae of appellant’s felonious possession of the drug
0549112 Joseph Booker v. Commonwealth of Virginia 04/10/2012
Trial court erred when it read to resentencing jury a statement of facts that it had created to describe what occurred at the original trial as that statement of facts had not been available to original jury; matter remanded to trial court for resentencing
1107112 Sandra Lee Austin v. Commonwealth of Virginia 04/10/2012
No error in trial court’s finding that there was sufficient circumstantial evidence to conclude that appellant intended to keep the goods without paying for them at the time she obtained property from each merchant
1641113 National College of Business and Technology, Inc. v. Courtney M. Malveaux, etc. 04/03/2012
Trial court did not err in finding substantial evidence in record to support Commissioner’s finding that asbestos-related violations were properly classified as “other than serious” violations rather than de minimis violations
1967104 Maria De Las Mercedes Tizon v. Commonwealth of Virginia 04/03/2012
Trial court did not err in denying appellant’s requests for mistrial or motion to suppress or in giving two jury instructions on inferring intent; evidence was sufficient to support jury’s guilty verdict convicting appellant of second-degree murder and use of firearm in commission of felony
0882111 Troy L. Mayfield v. Commonwealth of Virginia 03/27/2012
Trial court did not err in declining to strike a prospective juror for cause or in permitting the admission of evidence regarding appellant’s half-brother; jury did not err in concluding evidence was sufficient to support conviction of first-degree murder and use of a firearm in commission of felony
0032111 Robert Alexander Sierra v. Commonwealth of Virginia 03/20/2012
Trial court did not err in finding appellant guilty of possession of a controlled substance where plain language of Code § 18.2-250 requires defendant to know substance he possesses is a controlled substance but does not require him to know precisely what controlled substance it is
1546114 Rory Luther Virostko v. Brandi Lynn Virostko 03/20/2012
No error in trial court’s interpretation of parties’ property settlement agreement modification provision or in its conclusion that it was not self-executing; trial court did not err in finding appellant was in arrears on his child support payments
1565113 Debra S. Burke v. Catawba Hospital, et al. 03/20/2012
No error in trial court’s finding that it had no jurisdiction in policy matters and lacked authority to overrule Department of Human Resource Management’s decision; trial court is not proper forum to hear challenge to procedures employed by agency in handling appellant’s grievance
1926104 Cynthia Dawn Moore v. Commonwealth of Virginia 03/20/2012
Trial court did not err in denying appellant’s motion to strike two of three obtaining money by false pretenses charges based on single larceny doctrine, in granting Commonwealth’s motion to nolle prosequi one multiple worthless checks charge and proceed on separate indictments, or in not applying single larceny doctrine to uttering offenses
2200104 Tyrone Keith Duggins v. Commonwealth of Virginia 03/20/2012
No error in appellant’s convictions of two counts of fraudulent use of credit card where jury’s verdict cannot be overturned on the allegation, even if true, that trial court in a prior proceeding mistakenly believed Commonwealth had good cause to nolle prosequi indictments alleging identical charges
0192113 Chadwich Deshawn Price v. Commonwealth of Virginia 03/13/2012
Evidence was sufficient to support conviction of robbery where victim was in residence during the acts of violence and the taking of the property; fact finder could properly find property was taken from her presence
0332112 David Gregory Landeck v. Commonwealth of Virginia 03/13/2012
Conviction of aggravated malicious wounding affirmed where evidence proved appellant acted maliciously and not as result of heat of passion when he caused injuries to victim that resulted in permanent and significant physical impairment; trial court did not err in admitting evidence of racial epithet or in denying motion to set aside verdict
0365112 Christopher Todd Landeck v. Commonwealth of Virginia 03/13/2012
Conviction of aggravated malicious wounding affirmed where evidence proved appellant acted maliciously and not as result of heat of passion when he caused injuries to victim that resulted in permanent and significant physical impairment; trial court did not err in admitting evidence of racial epithet or in denying motion to set aside verdict
0186112 Bart D. Smith, Sr. v. Commonwealth of Virginia 03/06/2012
Appellant’s arguments regarding sufficiency of evidence to revoke his probation and whether trial court lacked authority to impose six months of his suspended sentence waived by his no contest plea
0922114 David H. Dailey v. Janice M. Dailey 03/06/2012
As parties’ separation agreement provides spousal support award was modifiable upon a showing of a material change in circumstances and parties stipulated to a material change, matter remanded to trial court to determine if that material change warrants a modification of spousal support award to appellee
1136114 James Little, a/k/a James Bradley v. Commonwealth of Virginia 03/06/2012
No error in trial court’s finding that evidence was sufficient to prove the value of the stolen goods met or exceeded the minimum amount required by statute to support appellant’s convictions of two counts of receiving stolen property
1603112 Ceres Marine Terminals, et al. v. Eldon Armstrong, Jr. and Jordan Young Institute 03/06/2012
No error in commission’s finding that appellants failed to meet their burden of proving that the unpaid balance of the medical bill exceeded prevailing rate in the community for claimant’s treatment and commission appropriately judged propriety of bill based solely on whether bill was consistent with prevailing rate in community
0688104 Terrance Robert Henderson, s/k/a Terrence Henderson v. Commonwealth of Virginia 02/28/2012
Upon Rehearing En Banc – judgment in this revocation case affirmed where trial court properly admitted challenged hearsay evidence in conformity with limited confrontation right in Fourteenth Amendment
1475112 Jeffrey Minor v. Aramark/VCU and Indemnity Insurance Company of North America 02/21/2012
Commission did not err in finding it could not take any action against appellees for complying with an order from the Department of Child Support Enforcement after appellees paid a portion of appellant’s settlement award directly to DCSE
2495102 Robert Batten Dunham, Jr. v. Commonwealth of Virginia 02/21/2012
Trial court did not err in revoking appellant’s suspended sentence as appellant cannot collaterally attack an order entered in 1998 at a previous sentencing for a probation violation
0228112 Terra Nyree Hines v. Commonwealth of Virginia 02/14/2012
Trial court erred in sentencing appellant to ten years with seven suspended on conviction of use of firearm in commission of felony where Court finds that as Code § 18.2-53.1 does not contain a maximum range of punishment or specific class of offense, trial court can only sentence to a mandatory term of three years for first offense
0231112 Edward Leonard Christian, Jr. v. Commonwealth of Virginia 02/14/2012
No error in trial court’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant had the requisite guilty knowledge of the cocaine found in his possession
0873114 Bahman Haftsavar v. All American Carpet and Rugs, Inc. and Twin City Fire Insurance Company 02/14/2012
Commission did not err in finding appellees were not responsible for payment of benefits regarding appellant’s heart surgery where that condition was not a compensable consequence of his workplace injury nor was it a condition which would fall under the two causes rule
2559102 Keyon Damont Carrington v. Commonwealth of Virginia 02/14/2012
Trial court did not err in finding evidence was sufficient to find appellant was a person responsible for the care of child through his voluntary course of conduct; conviction of child neglect affirmed
0785114 James Carlton Craig, Jr. v. Thelma Ruth Markham Craig 02/07/2012
Trial court did not err in modifying the QDRO as it had jurisdiction to do so; trial court erred in awarding attorney’s fees to appellee as that award was contrary to the language contained in the parties’ property settlement agreement
0936113 Liberty Mutual Insurance Corporation v. Gary Herndon 02/07/2012
Appeal dismissed where appellant was not aggrieved by decision of commission and had no standing to appeal
0943113 Carey Addison Construction Company, Inc. et al. v. Gary Herndon 02/07/2012
No error in commission’s award of benefits where appellee was acting as a borrowed employee at the time of his accident and his injury arose out of his employment
0957113 Sherry Clark Home Improvement v. Gary Herndon 02/07/2012
Appeal dismissed where appellant was not aggrieved by decision of commission and had no standing to appeal
0393114 Oscar Anagua v. Rafael Sosa and Uninsured Employer’s Fund 01/31/2012
Commission did not err in dismissing appellant’s claim for benefits for lack of jurisdiction where it found appellant’s contract was exclusively for services to be rendered outside the Commonwealth
0860112 Deborah Smith v. Virginia Employment Commission and Swift Transportation Co., Inc. 01/31/2012
Trial court did not err in affirming VEC’s order disqualifying appellant from receiving unemployment benefits where appellant voluntarily left her job without good cause
1251112 Katrina Bagley v. City of Richmond Department of Social Services 01/31/2012
Trial court did not err in rejecting appellee’s petition for termination on the ground that appellee failed to comply with Code § 16.1-283 where the couple appellant suggested for custody of child were not relatives of child
0282114 Anthony Michael Sfreddo v. Vanessa Sfreddo 01/24/2012
Trial court erred in classifying appellant’s interest in a family-owned company as marital; matter also remanded to trial court to reconsider spousal support in light of Court’s holding
0390113 Warren Anthony Thomas v. Commonwealth of Virginia 01/24/2012
No error in trial court’s finding that the 1993 order adjudicating appellant an habitual offender using language of the pre-amended Code § 46.2-355 in effect at that time was sufficient to revoke appellant’s driving privilege within the meaning of Code § 46.2-357 and to render appellant subject to prosecution under that section
0870114 Kathryn M. Saffert v. Fairfax County School Board 01/17/2012
No error in commission’s finding that appellant’s change-in-condition application was untimely filed where for the 24-month limitations period of Code § 65.2-708(A)(ii) to apply, a prosthesis must be not only removed but actually replaced by a substitute or equivalent for the prosthesis that has been removed
1136103 Brian Heath Doss v. Commonwealth of Virginia 01/10/2012
Appellant’s convictions of distribution of a Schedule II controlled substance, first and second offense, affirmed where trial court did not err in denying motion to sever two offenses, in denying motion in limine to bar admittance of testimony of witness, or in denying motion for new trial on basis of Brady violation
1872104 Dawn Farrell v. Warren County Department of Social Services 01/10/2012
Trial court did not err in terminating appellant’s parental rights to her three children where it found two of the three were abused or neglected based on a finding of abuse and neglect of the third child and that abuse and neglect could not be substantially remedied within a reasonable period of time
2282104 Christopher Farrell v. Warren County Department of Social Services 01/10/2012
Trial court did not err in terminating appellant’s parental rights to his child where it found child was abused and neglected based on finding of abuse and neglect of sibling and that termination of appellant’s parental rights was in best interest of child
2283104 Christopher Farrell v. Warren County Department of Social Services 01/10/2012
Trial court did not err in terminating appellant’s parental rights to his child where it found child was abused and neglected based on finding of abuse and neglect of sibling and that termination of appellant’s parental rights was in best interest of child
2284104 Christopher Farrell v. Warren County Department of Social Services 01/10/2012
Trial court did not err in terminating appellant’s parental rights to his child where it found child had been abused and neglected by appellant, that injuries suffered by child were inflicted by non-accidental means, and that termination was in best interest of child
0337111 William D. Breit v. Beverley Mason and L.F., a Minor 12/28/2011
Trial court erred in sustaining appellees’ plea in bar to appellant’s petition to determine parentage and in appointing the child’s guardian ad litem without inquiry; remanded to trial court for further proceedings
0500114 Cheyep Nkopchieu v. Raymond Bernard Minlend 12/20/2011
Error in trial court’s finding it lacked authority to enter a QDRO permitting appellant to attach appellee’s retirement account for the sole purpose of paying considerable child support arrearage when it represented only actual method of enforcing trial court’s child support order
0818112 Geraldine T. Prophet v. Bullock Corporation and Cincinnati Casualty Company 12/20/2011
Commission erred in finding appellant’s claim for specific medical benefits was time-barred under Code § 65.2-708 where that statute applies to compensation not medical benefits
0990103 Jamie Lee Towler v. Commonwealth of Virginia 12/20/2011
Evidence was sufficient to support appellant’s convictions of attempted robbery, statutory burglary, and two counts of use of a firearm in commission of a felony where evidence proved appellant was person who entered CVS armed with a weapon and used it in threatening manner while attempting to obtain drugs
0336111 Blanton V. Purvy v. Commonwealth of Virginia 12/13/2011
Convictions of failing to register or reregister as a violent sexual offender, a second or subsequent offense, reversed where a fatal variance existed between the indictments and the evidence presented at trial
0448113 Norvell Winston West, III v. Jill Angela West 12/13/2011
Trial court erred in finding it lacked jurisdiction to hear the motions for modification of child and spousal support; trial court did not abuse its discretion when it found the interlocutory orders to be void; issue regarding whether trial court had authority to modify support where no reinstatement order was entered barred by Rules 5A:18 and 5A:20
0498113 Danny R. Stevens v. Teresa D. Stevens 12/13/2011
No error in trial court’s finding regarding classification and valuation of the real estate; issues regarding equitable distribution of parties’ property and in determining sum of money owed to appellee as a result of the equitable distribution hearing barred where appellant failed to secure a ruling from the trial court on those issues
0524114 Richard D. Ragland v. Walter Muguruza 12/13/2011
Commission applied wrong legal standard in making its determination that appellant had three employees performing work at the time of appellee’s accident rather than the correct legal standard of whether appellant had three or more employees regularly in service; remanded to commission to vacate award
2524104 James Samuel Williams v. Commonwealth of Virginia 12/13/2011
Trial court did not err in refusing to allow appellant to withdraw his Alford plea where he failed to establish a good faith basis for seeking to withdraw the plea and has failed to proffer evidence of a reasonable basis for contesting his guilt
0223112 Thomas Haynesworth v. Commonwealth of Virginia 12/06/2011
Court issues writ of actual innocence and vacates petitioner’s convictions
0224112 Thomas Haynesworth v. Commonwealth of Virginia 12/06/2011
Court issues writ of actual innocence and vacates petitioner’s convictions
0762111 Bryan P. Pilati v. Sharon B. Pilati 12/06/2011
Error in trial court’s order awarding permanent spousal support to appellee where trial court failed to provide sufficient written findings and conclusions as required by Code § 20-107.1(F); matter remanded to trial court for further proceedings in compliance with statute
2490104 Fauquier County Department of Social Services v. Bethanee Ridgeway 12/06/2011
Trial court did not err in refusing to terminate appellee’s parental rights to one of her children or in ordering the return of that child to appellee
2550104 Bethanee Ridgeway v. Fauquier County Department of Social Services 12/06/2011
Trial court did not err in terminating appellant’s parental rights to one of her children where trial court found termination was in child’s best interest
2638091 Michael D. Wills and Todd Solomon v. Virginia Marine Resources Commission, et al. 12/06/2011
No error in trial court’s finding that appellants lacked standing to challenge the VMRC’s permitting decision allowing two of the appellees in this case to locate pound nets in the Chesapeake Bay
2677104 George E. Cranwell v. Anne E. Cranwell, n/k/a Anne Campbell 12/06/2011
No error in trial court’s finding that appellee has not cohabited in a relationship analogous to marriage for one year and in denying appellant’s motion to terminate spousal support; trial court erred in failing to include a spousal support payment of $80,000 in appellee’s income and in deducting it from appellant’s income for child support purposes
0162111 Jontreil Lamar Baker v. Commonwealth of Virginia 11/29/2011
Trial court did not err in convicting appellant of three counts of possession of a firearm by a convicted felon where the evidence established, and appellant conceded at trial, that appellant exercised dominion and control over the firearm on three separate occasions
0827113 Jennifer G. Francis v. Virginia Employment Commission and Wal Mart Associates, Inc. 11/29/2011
Trial court did not err in affirming VEC’s decision denying appellant unemployment benefits where appellant’s misconduct was connected with her work and appellant failed to prove any mitigating circumstances justifying receipt of unemployment benefits
0392114 Turner Gilbane JV and Zurich American Insurance Company v. Jose Guzman 11/22/2011
Commission did not err in awarding temporary total disability benefits and medical benefits to appellee
0766103 Marshalls, Inc. and American Casualty Company of Reading, PA v. Genevieve W. Huffman 11/22/2011
Commission did not err in applying Code § 65.2-708 to appellee’s application for benefits based on a change in condition and awarding appellee benefits
2443102 Wayne Allen Russell, et al. v. Virginia Board of Agriculture and Consumer Services 11/22/2011
Trial court did not err in finding that it did not have jurisdiction to consider appellant’s appeal where the notice of appeal was not timely filed pursuant to Rule 2A:2 and in granting appellee’s motion to dismiss
2636104 Reston Hospital Center, LLC v. Karen Remley, M.D., M.B.A., F.A.A.P., et al. 11/22/2011
Trial court erred in finding that appellant was not a “party aggrieved” and lacked standing to appeal the Commissioner’s decision to grant Inova a certificate of public need
1799104 Brandon P. Epps, s/k/a Brandon Patrick Epps v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that it lacked the authority at sentencing, after entry of appellant’s guilty plea, to vacate the finding of guilt or suspend imposition of sentence with an implied final disposition of dismissal to allow appellant to avoid a conviction
0174114 Dean Marrison and Ashley Marrison v. Fairfax County Department of Family Services 11/08/2011
Trial court did not err in denying appellants’ motions to dismiss where the circuit court appropriately exercised its derivative subject matter jurisdiction and appellants did not show harm or prejudice caused by the failure to follow Code § 16.1-251(B)
1945102 Donald C. Burriesci, s/k/a Donald Carl Burriesci v. Commonwealth of Virginia 11/08/2011
Trial court did not err in its determination of the “damages or loss caused by” appellant’s offense of obtaining by false pretenses currency with a value of more than $200 or in ordering appellant to pay restitution to victim
0428113 Billy Joe Brock v. Voith Siemens Hydro Power Generation and Liberty Mutual Fire Insurance Company 11/01/2011
Commission did not err in applying principles of res judicata to bar appellant from litigating matters he alleged in his initial claim but neglected to raise at his earlier evidentiary hearing
0084113 Robert M. Driscoll v. Pamela H. Hunter 10/25/2011
No reversible error in trial court’s denial of appellant’s motion to reduce or suspend his spousal support obligation to appellee
0458104 Sebastian Cortez-Hernandez, s/k/a, etc. v. Commonwealth of Virginia 10/25/2011
Upon Rehearing En Banc – judgment of trial court affirmed for reasons stated in majority panel opinion
1441102 Daniel Jason Gonzin v. Commonwealth of Virginia 10/25/2011
Conviction of aggravated sexual battery reversed and remanded for sentencing on misdemeanor sexual battery conviction where Commonwealth failed to meet its burden of proof that victim suffered a serious mental injury in the attack, an essential element of the felony offense
1480102 Walter Cousins, Jr., s/k/a Walter Anthony Cousins, Jr. v. Commonwealth of Virginia 10/25/2011
Conviction of aggravated sexual battery reversed and remanded for sentencing on misdemeanor sexual battery conviction where Commonwealth failed to meet its burden of proof that victim suffered a serious mental injury in the attack, an essential element of the felony offense
1936102 Robin L. Downey v. Commonwealth of Virginia 10/25/2011
Trial court did not abuse its discretion in finding appellant’s admission that she violated her probation was sufficient to prove appellant violated the terms of her probation and in revoking and re-suspending her suspended sentences
1133102 Kirkland Crist Morris v. Commonwealth of Virginia 10/18/2011
No error in trial court’s finding that appellant participated in criminal acts that were committed for the benefit of, at the direction of, or in association with a criminal street gang where appellant, while a member of the Bloods, knew he was interacting with Crips members in unprovoked attacks on others
1951103 Aubrian Glenn Shifflett v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying appellant’s motion to suppress where objective facts created a reasonable suspicion that appellant at the time of the stop might not have been using his unregistered pickup consistent with the statutory exemptions governing farm use vehicles
2002103 Gena Lavonne Davidson Sifford and Hannah Faythe Sifford v. Anthony Dale Sifford, et al. 10/11/2011
Commission erred in finding Ms. Sifford was not actually dependent on Mr. Sifford and was not entitled to death benefits upon his death; matter remanded to commission to award Ms. Sifford death benefits
2039101 Carl Leroy Pitts, III v. Commonwealth of Virginia 10/11/2011
No error in trial court’s finding that appellant’s prior conviction for attempted petit larceny was a predicate offense for purposes of raising appellant’s current petit larceny offense to a felony
1638103 Jermaine Antoine English v. Commonwealth of Virginia 10/04/2011
Trial court did not err in finding evidence was sufficient to prove appellant maliciously caused bodily injury to victim where his beating caused her to suffer pain to such a degree where victim remains partially incapacitated in many ordinary activities of life
1573101 Ronald Arthur Tharrington v. Commonwealth of Virginia 09/27/2011
Trial court did not err in refusing to dismiss the indictments for grand larceny and larceny with intent to sell or distribute on double jeopardy grounds where General Assembly clearly and unambiguously intended that each statutory offense be punished separately
0781103 John Flanagan v. Commonwealth of Virginia 08/30/2011
Rule 5A:18 bars appellant’s argument that Code § 18.2-85 is void for vagueness; trial court did not err in holding that Code § 18.2-85 established an affirmative defense and in denying appellant’s motions to strike the evidence; appellant’s conviction of possession or manufacturing explosive materials is affirmed
1282101 George Thomas Perry v. Commonwealth of Virginia 08/09/2011
Trial court did not err in allowing witness to testify to out-of-court statements made by a witness under the excited utterance exception to the hearsay rule; appellant’s arguments regarding Sixth Amendment and trial court’s denial of mistrial based on a juror’s alleged misconduct barred by Rule 5A:18
0320102 Curtis William Cole, Jr. v. Commonwealth of Virginia 08/02/2011
No error in appellant’s conviction of bigamy where appellant was subject to criminal prosecution as he was already married to one woman when he married another; appellant’s due process, equal protection, and cruel and unusual punishment arguments are unpersuasive
0755102 Karsten Obed Allen v. Commonwealth of Virginia 08/02/2011
Trial court did not abuse its discretion in refusing appellant’s request for a separate trial and in trying him jointly with a codefendant
2091101 Edward Johnson v. Commonwealth of Virginia 08/02/2011
Trial court did not err in finding evidence was sufficient to prove appellant’s convictions of maiming by mob, conspiracy to maim by mob, and participating in a criminal street gang or in admitting appellant’s earlier conviction order to prove one of the predicate criminal acts of violence individually or collectively by members of a putative gang
0688104 Terrance Robert Henderson, s/k/a Terrence Henderson v. Commonwealth of Virginia 07/26/2011
Petition for Rehearing En Banc granted
0723101 Christian Lee Rushing v. Commonwealth of Virginia 07/26/2011
Evidence supports jury’s finding that evidence was sufficient to support appellant’s conviction of participating in a criminal street gang
1809101 Mario Lamar Turner v. Commonwealth of Virginia 07/26/2011
Trial court did not err in allowing appellant’s former attorney to testify as a witness at appellant’s trial where witness from appellant’s preliminary hearing was “unavailable” to testify at trial
0026111 Portsmouth (City of) School Board v. Harvey Maurice Harris 07/19/2011
Commission erred in finding appellant was responsible for paying for a spa pool purchased by appellee where appellee failed to demonstrate that the six-person spa pool was medically necessary
1325103 Matthew Antonio Salcedo v. Commonwealth of Virginia 07/19/2011
Trial court did not err in finding evidence was sufficient to prove appellant was guilty as a principal in second degree of robbery, use of firearm in commission of robbery, and participation in criminal act for benefit of criminal street gang
1405103 Juan Luis Lebron v. Commonwealth of Virginia 07/19/2011
Trial court did not err in finding evidence was sufficient to prove appellant was guilty as a principal in second degree of robbery, use of firearm in commission of robbery, and participation in criminal act for benefit of criminal street gang; no reversible error committed by trial court in considering codefendant’s written statements in their joint trial
0728101 Thurman W. Wilson, Jr., s/k/a Thurman Woodrow Wilson, Jr. v. Commonwealth of Virginia 07/12/2011
Trial court did not err when it declined to return this matter to the juvenile and domestic relations district court prior to trial where appellant did not ask the juvenile court to address the appropriateness of counseling or therapy at his preliminary hearing or when it declined to place appellant on probation pending completion of counseling or therapy after a guilty finding
1484103 Utility Trailer Manufacturing Company and Liberty Insruance Corporation v. Joshua G. Testerman 07/12/2011
Commission erred in finding that appellee was entitled to lost wages where appellee has not demonstrated a causal relationship between his lost wages from a furlough from work of pre-defined and limited duration, applicable to all employees, and his injury
1737102 Prince William County School Board and VML Insurance Programs v. Mary E. Rahim 07/12/2011
Upon Rehearing En Banc – no error in commission’s holding that appellee’s amended claim for temporary total disability benefits based upon a change in her condition was not barred by statute of limitations; remanded to commission to determine which date is utilized to determine when statute of limitations began to run
0626102 George H. Spiker, Jr. v. Commonwealth of Virginia 07/05/2011
Appellant’s convictions for five counts of computer solicitation of a minor affirmed where the trial court did not err in denying appellant’s challenge to venue
2464091 Dennis B. Barson, Jr. v. Commonwealth of Virginia 07/05/2011
Upon Rehearing En Banc – trial court did not err in finding the evidence sufficient to convict appellant of violating Code § 18.2-152.7:1; this Court holds that principles of due process do not require that we relieve appellant from accountability under the statute
0488101 Joel Aaron Burrell v. Commonwealth of Virginia 06/28/2011
Trial court did not err in denying appellant’s motion to suppress as appellant failed to effectively invoke a right to counsel; evidence was sufficient to prove that appellant possessed cocaine with the intent to distribute it
2236091 Kaitlin Airele Taylor v. Commonwealth of Virginia 06/28/2011
Trial court did not err in holding it had no authority to acquit appellant of grand larceny after finding the evidence proved her guilt beyond a reasonable doubt; conviction affirmed
0688104 Terrance Robert Henderson, s/k/a Terrence Henderson v. Commonwealth of Virginia 06/21/2011
Trial court erred in admitting testimonial hearsay evidence regarding other offenses by officer from witnesses not present at appellant’s probation revocation hearing and denied appellant an opportunity to confront and cross-examine witnesses against him
1215101 Robert D. Dickerson v. Commonwealth of Virginia 06/14/2011
Appellant's argument that evidence was insufficient to convict him barred by Rule 5A:18 where appellant did not make a motion to strike at close of all the evidence in his bench trial and his brief closing argument merely asked trial court to disbelieve the officer’s testimony and believe appellant's testimony
0546101 John Andrew-Collins Holcomb v. Commonwealth of Virginia 06/07/2011
Trial court did not err in finding evidence sufficient to prove appellant wrote a message on his MySpace profile threatening to do bodily injury to victim and that the threat placed victim in reasonable apprehension of death or bodily injury
1634102 Virginia Department of Medical Assistance Services v. Patient Transport Systems, Inc. 05/31/2011
Trial court did not err in finding the case summary was insufficient to satisfy the requirements of 12 VAC 30-20-540(B) and appellant had no evidentiary basis to support its decision
0439101 Edward Johnson v. Commonwealth of Virginia 05/24/2011
Trial court did not err in finding evidence was sufficient to support convictions of malicious wounding and maiming by mob; convictions do not violate prohibition on double jeopardy
0458104 Sebastian Cortez Hernandez, s/k/a, etc. v. Commonwealth of Virginia 05/17/2011
Petition for Rehearing En Banc granted
0740102 Ryan Scott Burton v. Commonwealth of Virginia 05/17/2011
Trial court did not err in admitting testimony of lay witness on value of stolen property or in finding evidence was sufficient to support conviction of grand larceny
2186103 Hampton Inn and Selective Insurance Company of America v. Jessica Marie Sisk King 05/17/2011
Commission improperly applied the doctrine of imposition to modify the compromise settlement agreement and extend the expiration date of payment for appellee’s medical benefits five months from date of its opinion; remanded for further proceedings
0669104 Travis Jermaine Isaac v. Commonwealth of Virginia 05/10/2011
This Court does not need to address appellant’s claim that trial court erred in admitting the certificate of analysis of appellant’s blood alcohol test where appellant admitted substantially similar evidence during his case in chief rendering any error harmless
1824103 Eric Lamont Hodnett v. Stanco Masonry, Incorporated et al. 05/10/2011
Commission did not err regarding issuance of certified copy of an open worker’s compensation award where the certificate of authentication was issued pursuant to the general authority of the commission under Code §§ 8.01-390 and 8.01-391 and not Code § 65.2-710
2054104 United Airlines, Inc. v. Thomas M. Hayes 05/10/2011
Commission did not err in refusing to terminate benefits for appellee’s traumatic brain injury where the 2006 auto accident did not materially aggravate his 2004 brain injury and appellee’s settlement of a third-party action arising from that accident did not prejudice appellants as to that injury
2305092 India Lakesha Scott v. Commonwealth of Virginia 05/10/2011
Trial court erred in refusing to strike one of the jurors on the venire for cause and the failure was inherently prejudicial; convictions of aggravated malicious wounding and two counts of child neglect reversed and remanded to trial court for new trial
0782103 James Gregory Marshall v. Commonwealth of Virginia 05/03/2011
No error in trial court’s interpretation and application of term “knowingly” used in Code § 18.2?472.1(B); evidence was sufficient to prove appellant knowingly failed to reregister as a sex offender
0909104 Richard Abner Simon v. Commonwealth of Virginia 05/03/2011
Trial court did not err in refusing to instruct jury on indecent exposure as it was not a lesser-included offense of indecent liberties, the crime with which appellant was charged, and in finding evidence was sufficient to prove appellant acted with lascivious intent
1292102 Mikeema Chauntae-Beyonce Taylor, s/k/a Michael Taylor, Jr. v. Commonwealth of Virginia 04/26/2011
Judgment of trial court reversed where the evidence failed to prove appellant used the vehicle in Colonial Heights and therefore venue was improper; case remanded for a new trial in a proper venue if the Commonwealth be so advised
0580101 David M. Morris, II v. City of Virginia Beach 04/19/2011
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable suspicion based on facts he observed to stop appellant’s tractor-trailer
1343102 Gary Prizzia v. Judit Prizzia 04/12/2011
Judgment of trial court regarding child custody under the UCCJEA, child support, and equitable distribution affirmed in part and reversed and remanded in part
0458104 Sebastian Cortez-Hernandez, s/k/a Sebastian Cortes-Hernandez v. Commonwealth of Virginia 04/05/2011
No error in trial court’s refusal to grant jury instructions on excusable self-defense and voluntary manslaughter; argument regarding trial court’s refusal to allow re-cross of prosecution witness barred where appellant failed to proffer questions and expected answers to those questions for record and did not raise specific Sixth Amendment objection
0521094 David L. Foltz, Jr., s/k/a David Lee Foltz, Jr. v. Commonwealth of Virginia 04/05/2011
Upon Rehearing En Banc – trial court did not err in denying motion to suppress eyewitness testimony of officers where their observations of violent assault being committed in their presence were sufficiently attenuated from any argued taint arising from placement and use of GPS tracking device; judgment of trial court affirmed
1005104 Robert Curtis Harrison v. Tammy Miriam Harrison 04/05/2011
No error in trial court’s finding that it could not adjudicate personal and property rights of parties where it lacked in personam jurisdiction over appellee under Code §§ 20-146.8 and 8.01-328.1(A)(9)
0356102 Carlos Lovos-Rivas v. Commonwealth of Virginia 03/29/2011
Trial court did not err in denying appellant’s motion to exclude all but seven of remaining prospective jurors during voir dire where trial court found those remaining on venire could be fair and impartial
1988092 Jerrod Tyree Quarles v. Commonwealth of Virginia 03/29/2011
Upon Rehearing En Banc - Trial court erred in denying appellant’s motion to suppress statements made to the officers where officer impermissibly reinitiated communication with appellant after appellant unequivocally requested assistance of counsel
2289093 Shaun Wallace Scott v. Commonwealth of Virginia 03/29/2011
Appellant’s convictions of felony hit-and-run and involuntary manslaughter affirmed; trial court erred in interpreting Code § 18.2-137(B) as covering criminally negligent conduct, conviction of felony property damage reversed and remanded to trial court for re-sentencing under Code § 18.2-137(A)
2520094 Nasser Nasser Ghalambor Dezfuli, s/k/a Nasser Ghalambor Dezfuli v. Commonwealth of Virginia 03/29/2011
Trial court erred in finding brandishing a firearm was a lesser-included offense of use of a firearm in commission of a felony; conviction of brandishing firearm reversed and dismissed
0904104 Tony Williams v. Commonwealth of Virginia 03/22/2011
No error in trial court’s finding that evidence was sufficient to support two convictions of failure to provide support for his two minor children where children were placed in necessitous circumstances; trial court did not err in taking judicial notice of its records to support one count of failure to appear; one count of failure to appear dismissed
1311102 Robert Murphy v. Charlotte County Department of Social Services 03/22/2011
No error in trial court’s order denying appellant’s petition for attorney’s fees pursuant to Code § 16.1-278.19 and sustaining appellee’s Special Plea of Sovereign Immunity
2847093 Ray Anthony Gibson v. Commonwealth of Virginia 03/22/2011
Trial court did not err in denying appellant’s motion to suppress testimony regarding his field sobriety tests where none of the physical components of tests involved testimonial communication, his physical performance on tests was not protected by Fifth Amendment, and officer’s question was attendant to police procedure
0954103 Daniel Lampkin v. Commonwealth of Virginia 03/01/2011
Trial court did not err in admitting conviction order where it was properly authenticated in accordance with the statute; evidence was sufficient to support conviction of domestic assault, third offense
2216092 Keith Orlando Young v. Commonwealth of Virginia 03/01/2011
Trial court did not err in finding appellant was under arrest and implied consent statute applied and authorized the admission of the blood test results into evidence
1319103 Judy Carol Horne v. Commonwealth of Virginia, Real Estate Board 02/22/2011
Trial court did not err in finding appellant not entitled to recover attorney’s fees for two of the violations that were ultimately rejected by appellee; trial court erred in affirming appellee’s decision for two violations where evidence was insufficient and appellee’s decision was based on arbitrary and capricious interpretation of regulations at issue
0531102 Blake Mitchell Congdon v. Commonwealth of Virginia 02/15/2011
No error in trial court’s finding that appellant expressly waived his statutory right of appeal to the circuit court from the juvenile court when he entered his plea agreement to felony vandalism in juvenile court wherein he waived his right of appeal
0828081 Kevin L. Holloway v. Commonwealth of Virginia 02/15/2011
Upon Rehearing En Banc – Evidence was sufficient to prove appellant possessed imitation controlled substance with intent to distribute rather than for personal use; conviction affirmed
0938103 National College of Business and et al. v. C. Ray Davenport, Commissioner of Labor and Industry 02/15/2011
No error in finding that evidence was sufficient to prove appellant’s employees were exposed to asbestos; evidence was not sufficient to support a finding of a serious violation, remanded for a re?determination of penalty
1216101 Virginia Employment Commission v. Community Alternatives, Inc. and April L. Collier 02/15/2011
No error in trial court’s finding under facts of this case that appellant misapplied Code § 60.2-618(2)(b)(1) when it required a separate chain-of-custody affirmation for drug test results
0064103 Andrea S. Morrison v. Adam Morrison 02/08/2011
Trial court did not err in refusing to register and enforce 2003 Michigan divorce decree giving appellant custody of parties’ child where that decree was subsequently modified in 2008; appellee’s motion to dismiss under the fugitive disentitlement doctrine denied since it is not applicable to facts of this case
1098103 Andrea S. Morrison v. Adam Morrison 02/08/2011
Trial court did not err in refusing to register and enforce 2003 Michigan divorce decree giving appellant custody of parties’ child where that decree was subsequently modified in 2008; appellee’s motion to dismiss under the fugitive disentitlement doctrine denied since it is not applicable to facts of this case
2396094 Bernard Chesley Marsh v. Commonwealth of Virginia 02/08/2011
No error in trial court’s finding that appellant intended to permanently deprive victim of her property; conviction of grand larceny affirmed
0266093 Roger Lee Stevens, s/k/a Roger Lee Stephens v. Commonwealth of Virginia 02/01/2011
Upon Rehearing En Banc – trial court did not err in denying appellant’s motion to suppress his statements where full circumstances leading up to appellant’s request for counsel rendered his statement ambiguous; convictions affirmed
1010102 Alissa M. Thorpe, Beneficiary of Matthew Alson Thorpe (Deceased) v. John Clary, t/a JMC Welding, etc 02/01/2011
Commission did not err in finding appellant failed to prove her deceased husband’s average weekly wage should be based on a one-time construction project and no evidence proved he had engaged in that type of contracting in the past or would likely engage in it in the future
2197081 Malachi Antonio Byrd v. Commonwealth of Virginia 02/01/2011
Upon Rehearing En Banc – trial court did not err in denying appellant’s motion to suppress where police had probable cause to stop and search vehicle based on totality of circumstances presented to police at that time; convictions affirmed
0861091 Samuel A. Ervin v. Commonwealth of Virginia 01/25/2011
Upon a Rehearing En Banc – No error in finding that evidence was sufficient to prove appellant constructively possessed marijuana in glove compartment of vehicle with knowledge of its nature and character and possessed intent to distribute it; conviction affirmed
1871081 Glen Patrick Merritt v. Commonwealth of Virginia 01/25/2011
Upon a Rehearing En Banc – No error in finding that evidence was sufficient to support Commonwealth’s theory that appellant acted as the lookout or muscle in scheme to transport ecstasy into the Commonwealth; convictions affirmed
2681091 Roger Lee Bynum v. Commonwealth of Virginia 01/18/2011
Trial court did not abuse its discretion in denying appellant’s motion to strike testimony based on an aerial photograph; appellant’s conviction of possession with intent to distribute heroin within 1,000 feet of school property is affirmed
0650104 Jane Louise Bergaust v. Edward J. Flaherty 01/11/2011
No error in trial court’s interpretation of terms “conceived” and “fathered” or in finding that it did not have personal jurisdiction over appellee under Virginia’s long arm statute
2331093 Collin Anthony Rice v. Commonwealth of Virginia 01/11/2011
No error in appellant’s conviction of possession of a firearm by a felon where collateral estoppel does not apply because appellant was convicted in a simultaneous prosecution
2581092 Michael Rashe Davis v. Commonwealth of Virginia 01/11/2011
No error in appellant’s conviction of aggravated involuntary manslaughter where there was no double jeopardy or Code § 19.2-294 violation and evidence was sufficient to prove drove under the influence and that this was a cause of victim’s death and record supports finding of criminal negligence
2834091 Floyd Taybron, s/k/a Floyd L. Taybron v. Commonwealth of Virginia 01/11/2011
Appellant’s conviction of willfully participating in a criminal act for benefit of a criminal street gang of which he was a member reversed and indictment dismissed where evidence was insufficient to prove appellant belonged to a “criminal street gang,” an element of the offense
0242102 Keishawn Lamonte Whitfield v. Commonwealth of Virginia 12/28/2010
Trial court did not err in revoking the deferred disposition of appellant’s cocaine charge and entering a final dispositional order following appellant’s subsequent convictions
0243102 Keishawn Lomant Whitfield v. Commonwealth of Virginia 12/28/2010
No error in trial court’s finding that victim’s death was the result of appellant’s criminal negligence; convictions of involuntary manslaughter and felony child neglect affirmed
0868103 Lysable Transport, Inc. and AIG Casualty (American Home Assurance Company) v. Scott L. Patton 12/28/2010
Commission erred in awarding benefits to appellee under de facto award doctrine as that doctrine does not apply as a matter of law and in using a legally erroneous approach to burden of proof; matter remanded to commission for further proceedings
1694083 Demetrius Lamar Farmer v. Commonwealth of Virginia 12/28/2010
Upon a rehearing proceeding and the Commonwealth’s confession of error and consent to reversal, certain convictions are reversed and the case is remanded to the trial court for further proceedings
1071102 CVS #1549/CVS of Virginia, Inc., et al. v. Lois H. Plunkett 12/21/2010
Commission erred in denying appellants’ change-in-condition application where appellee had a duty to reasonably market her residual work capacity and in awarding appellee temporary partial disability compensation benefits
2421094 Dail W. Brown, Jr. v. Commonwealth of Virginia 12/21/2010
Trial court did not err in refusing to dismiss prosecution against appellant on speedy trial grounds where appellant was tried within speedy trial period after circuit court restored appellant to competency to stand trial
0201102 Christopher James Williams v. Commonwealth of Virginia 12/14/2010
Trial court did not err in denying appellant’s motion to dismiss where Code § 18.2-263 is constitutionally valid as it did not shift burden of proof to appellant or violate his due process rights; conviction of possessing controlled drug without valid prescription affirmed
2598092 Clifton L. Collins v. Commonwealth of Virginia 12/14/2010
Trial court did not err in finding evidence sufficient to support convictions of attempted abduction and use of firearm in commission of felony where any common law authority that may have permitted out of state bail bondsmen to enter Virginia and forcibly take bailee to another state has been abrogated by statutes regulating licensing
1708093 Carlos Tyrone Powell v. Commonwealth of Virginia 11/30/2010
Trial court did not err in denying appellant’s motion to suppress evidence found in his vehicle where it was reasonable for officer to believe vehicle contained evidence related to suspected drug transaction
0200102 Wayne R. McDowell, II, s/k/a Roderick McDowell v. Commonwealth of Virginia 11/23/2010
Trial court did not err in finding Commonwealth complied with notice provisions of Code § 18.2-118 or in finding evidence sufficient to support conviction of fraudulent conversion of leased property; issue regarding whether appellant received adequate notice that his lease had expired barred by Rule 5A:18 and ends of justice exception does not apply
0364091 Russell Ernest Smith v. Commonwealth of Virginia 11/23/2010
Upon Rehearing En Banc – evidence was sufficient to prove appellant knowingly and willingly made a false statement on an ATF form
2215092 Sharon Breeden Wood v. Commonwealth of Virginia 11/23/2010
Trial court did not err in finding evidence sufficient to support appellant’s convictions of two counts of felony child endangerment, in admitting appellant’s statement regarding future conduct, or in finding appellant ingested Ambien knowing it would impair her ability to drive and supervise her children
0348102 Frank A. Montalbano v. Richmond Ford, LLC, VADA Group Self-Insurance Association and et al. 11/16/2010
Commission did not err in denying appellant benefits where it found appellant was terminated for justified cause or in finding appellant did not prove he had reached maximum medical improvement
1288093 Leroy Thomas, s/k/a Leroy Michael Thomas v. Commonwealth of Virginia 11/16/2010
Trial court did not err in denying motion to suppress where objective facts authorized officers to stop vehicle
2443094 John Brian Redmond v. Commonwealth of Virginia 11/16/2010
Trial court did not err in denying motion to suppress where officers did not violate any reasonable expectation of appellant’s privacy by entering his home as prospective buyers and firearms, ammunition and pawn ticket were all in plain view; evidence sufficient to support conviction of possession of firearm after having been convicted of felony
2744093 Helen Marie Davis v. City of Lynchburg Waste Management and et al. 11/16/2010
No error in commission’s finding that appellees’ application for a hearing to terminate appellant’s outstanding compensation award was timely filed where appellees made a lump sum payment bringing payments current to two years from the date of filing of application for hearing; decision to terminate award affirmed
2644091 Antonio D. Watts v. Commonwealth of Virginia 11/02/2010
Trial court erred in denying appellant’s motion to suppress where Commonwealth failed to meet its burden of proving that appellant abandoned his expectation of privacy in the vehicle at the time the officer searched it; convictions reversed and remanded for further proceedings
2795091 Antonio Lamont Harris v. Commonwealth of Virginia 11/02/2010
Trial court erred in determining it lacked jurisdiction to consider appellant’s motion for reconsideration of his sentences pursuant to Code § 19.2-303 where appellant had filed appeals with this Court but had not yet been transferred to the Department of Corrections at the time of the hearing
2510091 Scott Louis Bakran v. Commonwealth of Virginia 10/26/2010
Trial court did not err in finding evidence was sufficient to prove appellant used his vehicle to promote prostitution where appellant committed substantial acts in furtherance of prostitution while in vehicle
0865091 Howard Dodd Baker v. Commonwealth of Virginia 10/19/2010
Trial court erred in denying motion to suppress where officer did not articulate any particularized reason to believe appellant was armed and presently dangerous; convictions reversed and matter remanded to trial court for further proceedings
0691091 Kevin A. Canty v. Commonwealth of Virginia 10/05/2010
Trial court did not err in finding appellant in violation of terms of his probation where violation at issue occurred before appellant’s previous probation violation hearing but this conduct was not considered by trial court at that hearing
2823094 David Lee Testerman v. Commonwealth of Virginia 10/05/2010
No error in appellant’s convictions of construction fraud where appellant received an advance for supplies as a result of, or because of, a promise to perform construction for victim
0521094 David L. Foltz, Jr., s/k/a David Lee Foltz, Jr. v. Commonwealth of Virginia 09/23/2010
Court, on its own motion, has decided to hear case en banc
1976093 Jon Goble, s/k/a Jonathon Thomas Goble v. Commonwealth of Virginia 09/14/2010
No error in appellant’s convictions of selling or offering to sell wild animal parts where trial court did not err in exercising jurisdiction, where exception provided in Code § 29.1-553 is a statutory defense rather than an element of the crime and appellant failed to meet that burden, and where evidence proved aggregate of sales was greater than $200
2799092 Edward A. Williams v. Commonwealth of Virginia Real Estate Board 09/14/2010
Trial court erred in affirming appellee’s decision that appellant violated Code § 54.1-2138 when he failed to notify parties that no brokerage relationship existed in transactions; remainder of decision revoking license and imposing fines affirmed
0521094 David L. Foltz, Jr., s/k/a David Lee Foltz, Jr. v. Commonwealth of Virginia 09/07/2010
Trial court did not err in denying appellant’s motion to suppress where police did not violate the United States or Virginia Constitution by installing a GPS device in bumper of appellant’s work van while it was parked on public street or by tracking that van with the GPS system on public streets; conviction of abduction with intent to defile affirmed
1758093 Calvin Lee Argenbright, Jr. v. Commonwealth of Virginia 09/07/2010
Trial court did not abuse its discretion in excluding character evidence proffered by appellant; convictions of uttering a forged writing and obtaining money by false pretenses affirmed
0316092 Harry Murphy Kelso v. Commonwealth of Virginia 08/31/2010
Appellant’s issue regarding territorial jurisdiction not raised at trial and is therefore waived; evidence was sufficient to establish a strong presumption that offenses occurred in Hanover County and venue was proper in Hanover County
0828081 Kevin L. Holloway v. Commonwealth of Virginia 08/31/2010
Petition for Rehearing En Banc granted
1327091 Michael Grafmuller v. Commonwealth of Virginia 08/31/2010
Trial court did not err in sentencing appellant pursuant to mandatory minimum provisions in Code § 18.2-374.3(C) where victim need not be an actual child for the mandatory minimum to apply
1571093 Jamaal L. Reid, s/k/a Jamal L. Reid v Commonwealth of Virginia 08/31/2010
Commonwealth’s motion to dismiss appeal granted and appeal dismissed where appellant is a fugitive, there is a sufficient nexus between his appeal and his fugitive status, and dismissal of appeal is necessary to further goals of Fugitive Disentitlement Doctrine
1864091 Kentora Delvontae Atkins v. Commonwealth of Virginia 08/31/2010
Trial court did not err in finding appellant lacked standing to challenge search of vehicle and seizure of weapon, that any detention of appellant was reasonable and took place as investigation was ongoing, that drugs found on appellant were not fruit of poisonous tree, and that evidence was sufficient to support convictions
0808092 Donta Termaine Smith, s/k/a Donta Termine Smith v. Commonwealth of Virginia 08/17/2010
Trial court did not err in finding evidence sufficient to support appellant’s convictions of attempted rape and abduction with intent to defile; no error in finding detention of victim was not a prelude to the offense of attempted rape but was separate and apart from restraint inherent in commission of that offense
1210094 Paul Gregory Chapman v. Commonwealth of Virginia 08/17/2010
Trial court did not err in refusing to strike four of the charges of possession of child pornography where Code § 18.2-374.1(A) does not require that each conviction be supported by three separate images of child pornography; trial court did not err in refusing appellant’s proffered instruction adapted from model jury instructions
1424091 Ellen Marie Rix v. Commonwealth of Virginia 08/17/2010
Trial court did not err in finding evidence was sufficient to prove appellant was in actual physical control of vehicle where she switched seats with the driver in order to represent herself as the operator of the vehicle as she was in a position to regulate its movements; convictions of driving under the influence and refusal to take breath test affirmed
1744091 Carlos Deon Fitchett v. Commonwealth of Virginia 08/17/2010
Trial court did not err in denying appellant’s motion to suppress the handgun recovered by the police when appellant fled where the accidental loss of the handgun from appellant’s waistband was an independent source for the discovery and recovery of the handgun separate and distinct from the officer’s seizure of appellant
0827091 Johnathan Christopher Montgomery, s/k/a Johnathon Christopher Montgomery v. Commonwealth of Virginia 08/10/2010
Trial court’s error in not affording appellant right of allocution harmless where appellant did not make an allocution proffer after being invited to do so, depriving trial court opportunity to correct its mistake and precluding this Court from determining whether appellant received a fair trial and substantial justice
0828081 Kevin L. Holloway v. Commonwealth of Virginia 08/10/2010
Upon a Rehearing – appellant’s conviction of assault and battery of a law enforcement officer affirmed and conviction of possession of an imitation controlled substance with intent to distribute reversed and dismissed
1397091 Tremon Brian Joyce v. Commonwealth of Virginia 08/10/2010
Trial court did not err in denying appellant’s motion to suppress, in admitting evidence of a prior conviction order and VCIN report, and finding evidence sufficient to support conviction of possession of heroin with intent to distribute, third or subsequent offense
2125093 Billy Leon Alford v. Commonwealth of Virginia 08/10/2010
Appellant’s conviction of assault and battery affirmed where appellant cannot challenge this conviction on appeal where, even though it is not a lesser-included offense of attempted rape, appellant agreed on a set of jury instructions which included finding instructions on attempted rape and assault and battery
2636091 Nikkol Irene Wade, s/k/a Nicole Wade v. Commonwealth of Virginia 08/10/2010
Evidence was sufficient to support appellant’s conviction of misdemeanor destruction of property where in misdemeanor cases, all participants are principals and may be convicted of the misdemeanor offense
1355091 Cortez Williams v. Commonwealth of Virginia 08/03/2010
Trial court did not err in finding evidence sufficient to support conviction of grand larceny where it proved appellant, at a minimum, exercised some control over the movement and destination of the stolen Jeep
1534091 Jimmy Harold Smith v. Commonwealth of Virginia 08/03/2010
Trial court did not err in denying appellant’s motion to suppress cocaine discovered as a result of entering residence without a warrant where trial court correctly applied the exigent circumstances exception and officer’s observations through open door after receiving anonymous tip amounted to probable cause
1964094 Mary Helen Andrews v. Margaret Ann Creacey, Barbara J. Thompson and et al. 08/03/2010
No error in trial court’s order awarding appellant’s husband, an incapacitated adult, a divorce where his guardians proved it was in his best interest and husband had the requisite intent to divorce
0849091 Darin Monta Satterwhite v. Commonwealth of Virginia 07/27/2010
Trial court did not err in admitting victim’s statements identifying appellant as the shooter as they constituted dying declarations admissible under the common law and outside the reach of the Confrontation Clause
0868094 Stanley Hunter, a/k/a Leonard Cuthbertson v. Commonwealth of Virginia 07/27/2010
Trial court did not err in revoking appellant’s probation where it applied the provisions of Code § 19.2-306 in effect when appellant began his period of probation and the bench warrant was issued in compliance with those procedures in effect at the time appellant’s probation began
1347091 Raymont Dante Armstead v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest appellant for providing false identity information and it was reasonable to believe the vehicle might contain evidence of that crime; evidence sufficient to support convictions
1471092 The Chesapeake Bay Foundation, Inc. v. CW, ex rel. Virginia State Water Control Board, etc. 07/20/2010
Trial court erred in granting appellees’ motion to dismiss for lack of standing where appellant was not required to allege or prove that its individual members had participated in the public comment process; remanded to trial court for the appeal to be heard on the merits
0004094 William Mack Keefer, Jr., s/k/a William Mark Keefer, Jr. v. Commonwealth of Virginia 07/13/2010
Trial court erred in issuing jury instruction that impermissibly commented upon the evidence presented; conviction reversed and remanded to trial court for new trial
0168094 Woodrow Wilson Nicholson v. Commonwealth of Virginia 07/13/2010
Trial court did not err in finding evidence sufficient to support conviction of aggravated sexual battery through the use of the victim’s mental incapacity where it proved appellant constructively forced victim to touch his intimate parts where victim did not have the mental capacity to understand the nature and consequences of act
0482091 Arous John Phillips v. Commonwealth of Virginia 07/13/2010
Appellant’s conviction for recruitment of a juvenile for membership in a criminal street gang is affirmed; appellant’s conviction for felony participation in criminal activity for the benefit of a criminal street gang that includes a juvenile is reversed, and the case is remanded to the trial court
2226094 Kelly Lyn Johnson v. Charles Howard Johnson 07/13/2010
Trial court did not abuse its discretion in permitting husband to satisfy an installment payment of a monetary award to wife by transferring his marital share of his retirement accounts pursuant to Code § 20-107.3(D) and in declining to award attorney’s fees to wife; issue regarding expert witness’ fees is waived for failing to comply with Rule 5A:20(e)
1836071 Dustin Allen Turner v. Commonwealth of Virginia 06/29/2010
Court holds that the credible recantation does not provide the Court with clear and convincing evidence that no rational fact finder could have found that petitioner used deception to abduct the victim with the intent to have sexual intercourse with her against her will. Court’s August 4, 2009 order is vacated and petition for writ of actual innocence is dismissed.
2221092 Commonwealth of Virginia, et al. v. Blue Ridge Environmental Defense League, Inc., et al. 06/29/2010
Circuit court erred in not according deference to the SWCB in its construction of its own regulations and erred in not permitting the SWCB to defer to the EPA’s construction of federal regulations; judgment reversed and case remanded
2222092 Virginia Electric and Power Company v. Blue Ridge Environmental Defense League, Inc., et al. 06/29/2010
Circuit court erred in not according deference to the SWCB in its construction of its own regulations and erred in not permitting the SWCB to defer to the EPA’s construction of federal regulations; judgment reversed and case remanded
0645091 William David Harrison v. Commonwealth of Virginia 06/22/2010
Any error by trial court in refusing to allow appellant to present evidence of victim’s prior inconsistent statement harmless where evidence overwhelmingly supports appellant’s convictions
0422091 David Smith v. Commonwealth of Virginia 06/15/2010
Issue raised on appeal waived where appellant did not timely file the transcript of the suppression hearing he concedes is indispensable to resolution of issue presented; that violation of Rule 5A:8 constitutes a violation of a non-jurisdictional rule requirement; motion to dismiss appeal filed by appellant denied
1681094 Edward W. Adcock v. Commonwealth of Virginia, Department of Social Services, et al. 06/08/2010
Trial court did not err in finding that the twenty-year statute of limitations in Code § 8.01-251 does not bar enforcement of the 1966 award and did not bar recovery of past due child support payments and accrued interest
0364091 Russell Ernest Smith v. Commonwealth of Virginia 06/01/2010
Petition for Rehearing En Banc granted
1435094 Anne Boston Parish v. Commonwealth of Virginia 06/01/2010
Trial court did not err in finding evidence was sufficient to convict appellant of assault and battery where appellant touched victim in a rude, insolent or angry manner and placed victim in apprehension of bodily harm
1318093 Marcious Antoine Cousins v. Commonwealth of Virginia 05/25/2010
Trial court erred in refusing to admit appellant’s proffered evidence concerning victim’s affiliation with a particular gang as it was more probative than prejudicial in an attempt to show bias of a witness; on remand appellant will be entitled, within limits set by trial court, to have jury questioned regarding possible bias resulting from gang membership
1431092 Creative Designs Tattooing Associates, Inc. v. The Estate of Earle Lindsey Parrish, III 05/25/2010
Commission erred in finding decedent was an employee rather than an independent contractor and in finding appellant had three employees and was liable to pay workers’ compensation insurance; assessment of civil penalty reversed
1925092 Uninsured Employer's Fund of Virginia v. The Estate of Earle Lindsey Parrish, III, and et al. 05/25/2010
Commission erred in finding decedent was an employee rather than an independent contractor and in finding decedent’s estate was a beneficiary under the Workers’ Compensation Act
2199092 Appalachian Voices, etc. v. State Air Pollution Control Board and et al. 05/25/2010
Trial court did not err in affirming decision of Board to issue a permit to build and operate a coal-fired electric generating plant in Wise County
0406092 Antwain Levelle Harris v. Commonwealth of Virginia 05/18/2010
Trial court did not err in convicting appellant of driving on a suspended license, third or subsequent offense, or in sentencing appellant to mandatory minimum term of incarceration where evidence proved appellant was convicted once under Code § 46.2-301(B) and twice on charges of a “substantially similar” ordinance under Code § 46.2-301(B)
2849084 Garrett Scott McNamara v. Commonwealth of Virginia 05/18/2010
Appellant’s conviction of possession of machete on school grounds under Code § 18.2-308.1(A) reversed and dismissed where a machete is a type of knife within the meaning of Code § 18.2-308.1(B)(iv) exceptions and his possession of the machete in his vehicle on school grounds was legal
2919083 Derick Antoine Johnson v. Commonwealth of Virginia 05/18/2010
Trial court did not err in denying appellant’s motion to sever where the five-year mandatory minimum sentence prescribed by Code § 18.2-308.2 does not violate the constitutional provision requiring the separation of powers
0702093 Joshua Michael Hodnett v. Commonwealth of Virginia 05/11/2010
No error in trial court’s finding that appellant committed two separate and distinct acts of assault and battery on a law enforcement officer where each act involved a new formation and execution of purpose
1066092 Jesse Albert Kovalaske v. Commonwealth of Virginia 05/11/2010
Evidence was sufficient to support conviction of credit card fraud where appellant misused his employer’s credit card while it was in his wrongful possession and did not have his employer’s permission to possess the credit card when he made four separate and discrete purchases with it
1173084 Charles E. Settle, Jr. v. Commonwealth of Virginia 05/11/2010
No error in forfeiture of appellant’s dogs where evidence was sufficient to prove inadequate care by owner of companion animals; this decision has no effect on 11/24/09 decision where convictions of inadequate care of companion animals by owner affirmed; appeal of allowing dog to run at large dismissed where appellant failed to perfect appeal
0666094 Kaipha S. Brown v. Commonwealth of Virginia 05/04/2010
Trial court erred in finding evidence to support convictions of embezzlement and uttering where no evidence demonstrated appellant was entrusted to airline tickets by virtue of his employment and Commonwealth failed to prove vouchers appellant presented for tickets were forgeries
1345094 Ay Hwa White v. Robert W. White 05/04/2010
Trial court properly considered factors under Code § 20-107.3 in fashioning an equitable distribution award; appellant’s argument that trial court’s determination that appellee came into the marriage with more property than appellant unfairly skewed the equitable distribution barred by Rule 5A:18
2200093 Barbara Wells v. Shenandoah Valley Department of Social Services 05/04/2010
Appeal dismissed where appeals under VAPA are governed by the provisions of Rule 1:1 and notice of appeal was not timely filed to final order as that order was not suspended, modified or vacated within 21 days of entry
2869083 Avante At Roanoke, etc. v. Patrick W. Finnerty, Director, Virginia, etc. 05/04/2010
Trial court erred in upholding appellee’s decisions denying appellants’ claims for additional Medicaid reimbursements for years at issue in this appeal; matter remanded to trial court for remand to appellee for reconsideration
0163093 Stephen James Swanson v. Commonwealth of Virginia 04/27/2010
Trial court did not err in sustaining the Commonwealth’s hearsay objection to defense counsel’s question of a witness during appellant’s cross-examination of the witness
0364091 Russell Ernest Smith v. Commonwealth of Virginia 04/27/2010
Trial court did not err in finding appellant guilty of making a false statement on a firearm purchase form where evidence proved appellant willfully and intentionally made a false statement in violation of Code § 18.2-308.2:2(K)
0451094 Anthony Lemontez King, Jr. v. Commonwealth of Virginia 04/27/2010
Trial court did not err in rejecting appellant’s double jeopardy argument as child abuse and child endangerment are not the same offense, nor is one a lesser-included offense of the other
0610093 Shandre Travon Saunders v. Commonwealth of Virginia 04/27/2010
Trial court did not err in allowing the jury to sentence appellant, a juvenile who had previously been convicted and sentenced as an adult on an unrelated charge, where appellant was required to be treated as an adult under the provisions of Code § 16.1-271
0828081 Kevin L. Holloway v. Commonwealth of Virginia 04/27/2010
Petition for rehearing granted
2496084 Michael Kidus Asfaw v. Commonwealth of Virginia 04/27/2010
Trial court erred in denying appellant’s pretrial motion for a transcript of his preliminary hearing; matter remanded to trial court for retrial after the transcript has been provided to appellant
0948091 Robert Hollowell v. Virginia Marine Resources Commission 04/20/2010
Appeal of trial court’s decision to set aside only part of 4 VAC 20-1140-20 is dismissed as moot; trial court erred in denying appellant’s request for attorney’s fees incurred in challenging the validity of regulation and matter remanded for determination of reasonable attorney’s fees
1078094 Abdikarim Mohamoud Mohamed v. Commonwealth of Virginia 04/20/2010
Trial court did not err in finding it had jurisdiction to revoke appellant’s suspended sentence for failing to make restitution payments; appellant failed to raise issue of court’s authority to exercise its jurisdiction at revocation hearing and ends of justice exception to Rule 5A:18 is inappropriate in this case
1846092 Nicolasa A. Diaz v. Wilderness Resort Association, et. al. 04/20/2010
No error in commission’s finding that appellees’ hearing application was timely filed; commission erred in finding wages paid appellant constituted compensation for purposes of determining whether all compensation due under award had been paid and in not awarding penalties and interest
1871081 Glen Patrick Merritt v. Commonwealth of Virginia 04/13/2010
Petition for Rehearing En banc granted
2197081 Malachi Antonio Byrd v. Commonwealth of Virginia 04/13/2010
Petition for Rehearing En banc granted
2989082 Delacy Deon Hunter v. Commonwealth of Virginia 03/30/2010
Evidence was insufficient to prove appellant possessed a firearm “about his person”; conviction of carrying a concealed weapon is reversed and dismissed and conviction of possession of a controlled substance while simultaneously possessing a firearm reversed and remanded for new trial on lesser-included offense
1425092 Charles Williamson v. Virginia Employment Commission and Mills Heating and Air Conditioning, Inc. 03/23/2010
Trial court erred in affirming decision of Virginia Employment Commission finding appellant was disqualified from benefits because of misconduct; matter remanded to trial court for remand to Commission for entry of award of benefits
2605081 Travis Jerome Felton v. Commonwealth of Virginia 03/23/2010
Trial court did not err in denying motion to suppress narcotics discovered pursuant to “all persons present” clause in search warrant
2837084 Duane Elmer Startin, Jr. v. Commonwealth of Virginia 03/23/2010
Upon Rehearing En Banc – no error in trial court’s finding that commemorative replica appellant used during commission of two robberies was a firearm
0811091 Milton A. Brown v. Commonwealth of Virginia 03/16/2010
No error in trial court’s finding that evidence was sufficient to prove appellant possessed more than one-half ounce of marijuana as that term is statutorily defined; conviction of possession with intent to distribute more than one-half ounce but less than five pounds of marijuana affirmed
3047081 Jamar Eric Thomas v. Commonwealth of Virginia 03/16/2010
Trial court erred in finding evidence was sufficient to prove that appellant was in custody on a charge or conviction of a felony as required by Code § 18.2-479(B); conviction reversed and indictment with regard to that charge dismissed
0823093 Leslie Todd v. Lucretia Putnam Copeland 03/09/2010
Trial court erred in failing to make necessary finding under Virginia law that a continuing relationship with her child would be detrimental to child’s welfare; trial court’s decision terminating appellant’s parental rights to her child and allowing adoption reversed and adoption petition dismissed without prejudice
2197081 Malachi Antonio Byrd v. Commonwealth of Virginia 03/09/2010
Trial court erred in denying motion to suppress evidence seized from search of the vehicle and appellant’s person where the officers lacked probable cause for the warrantless search as the confidential informant’s tip did not provide officers with probable cause; issue regarding appellant’s motion to strike procedurally defaulted and not properly before the Court
1871081 Glen Patrick Merritt v. Commonwealth of Virginia 03/02/2010
Evidence was insufficient to prove appellant shared the criminal intent of his companions to import ecstasy into the Commonwealth; convictions reversed and final judgment entered dismissing indictment
0290094 Gary M. Kotara v. Kathleen M. Kotara 02/23/2010
Upon a Rehearing - Court finds that it has jurisdiction to determine its own jurisdiction and Code § 20-99(5) empowers courts in which divorce cases are pending to award attorney’s fees as equity and justice may require; Court had authority to enter an award of attorney’s fees in this case
1759082 Shiron W. Herron, Jr. v. Commonwealth of Virginia 02/23/2010
Trial court did not err in finding evidence sufficient to support finding that appellant voluntarily possessed drugs inside a correctional facility as appellant had been warned of consequences of taking drugs into correctional facility and chose not to disclose presence of drugs; decision not to disclose drugs does not violate right against self-incrimination
2427082 Garry Lee Pulliam v. Commonwealth of Virginia 02/23/2010
Trial court did not err in allowing Commonwealth to amend indictment charging indecent liberties to aggravated sexual battery where the amendment did not change the nature or character of the indictment and the underlying conduct of both charges was essentially the same
0573092 Eddie Nelson Ray v. Commonwealth of Virginia 02/16/2010
Court not able to address issue raised on appeal of whether trial court erred in denying appellant’s request to call his mother as a witness where appellant failed to proffer the expected testimony and a trial court’s decision to disallow testimony of a witness is not structural error
1694083 Demetrius Lamar Farmer v. Commonwealth of Virginia 02/16/2010
Petition for Rehearing granted
2377074 Lawrence W. Roseborough v. Commonwealth of Virginia 02/16/2010
Upon a Rehearing En Banc – Trial court did not err in admitting certificate of analysis where officer did not need to resort to implied consent law to obtain a breath sample because appellant asked to take the test without being informed of implied consent statute; conviction of driving under the influence affirmed
0085092 Travis Wayne Lamm, a/k/a Travis Lamb v. Commonwealth of Virginia 02/09/2010
Trial court did not err in denying appellant’s motion for a new trial based on after-discovered evidence where jury had before it the possibility of the after-discovered evidence and additional evidence before the jury proved that victim was significantly and permanently injured by appellant’s attack
0275092 Tyree Macarthur Coley v. Commonwealth of Virginia 02/09/2010
Trial court did not err in refusing to grant appellant a new trial when it was discovered that exculpatory evidence known to the police was not disclosed to him prior to trial where four of the five pieces of exculpatory evidence could have been secured prior to trial with due diligence and the fifth piece was neither relevant nor exculpatory
0828081 Kevin L. Holloway v. Commonwealth of Virginia 01/26/2010
Conviction of possession with intent to distribute imitation controlled substance reversed as evidence failed to prove quantity of imitation controlled substance appellant possessed was inconsistent with personal use; evidence sufficient to prove appellant committed assault and battery on individual he knew was a police officer
1047082 Marcus Darius Ford v. Commonwealth of Virginia 01/26/2010
Trial court did not err in denying appellant’s motion to suppress where appellant accepted delivery of the package thus triggering the conditions precedent in the anticipatory search warrant; no error in finding evidence sufficient to prove appellant’s connection to the package supporting conviction of transporting marijuana
2785081 Alton Nelson Wilder v. Commonwealth of Virginia 01/19/2010
Trial court erred in admitting into evidence 911 tape recording, while it was admissible under the present sense impression exception to the hearsay rule it was testimonial and its admission violated appellant’s Sixth Amendment right to confrontation
0293091 Esteban Chabolla, Sr. v. Virginia Department of Social Services 01/12/2010
Trial court did not err in finding evidence sufficient to support Agency’s finding of “Founded – Physical Abuse – Level Two”; trial court did not err in refusing to dismiss appellant’s petition for review for its initial failure to comply with Rule 2A:4(b) requirements as that rule is not jurisdictional
0981094 Fairfax County School Board v. Amanda Martin-Elberhi 01/12/2010
Commission erred in awarding permanent partial loss benefits based solely on the opinion of appellee’s treating physician where neither the physician nor the commission distinguished between the impairment rating attributable to appellee’s preexisting condition and the rating attributable to the compensable loss related to her work
1390092 Virginia Employment Commission v. Kimberly D. Trent 01/12/2010
Trial court erred in vacating appellant’s order denying appellee’s claim for unemployment benefits where the record provides ample support that appellee violated a legitimate workplace rule and that no mitigation circumstances excused the violation
1694083 Demetrius Lamar Farmer v. Commonwealth of Virginia 01/12/2010
Appellant’s argument regarding admission of certificate of analysis barred by Rule 5A:18 where appellant failed to request the analyst’s presence during trial and appellant was never in a position to demand that the Commonwealth call the analyst as a witness and trial court never had occasion to address the order of proof
2192081 Johnny Edward Lawson v. Commonwealth of Virginia 01/12/2010
Trial court did not err in denying appellant’s motion to suppress evidence of cocaine discovered in his vehicle where police had reasonable articulable suspicion that appellant was, or was about to be, engaged in criminal activity and appellant was detained only so long as was necessary to confirm or dispel that suspicion
3087083 Charles Clifford McCoy v. Lisa Collins McCoy 01/12/2010
No error in trial court’s finding that appellant was in civil contempt for refusing to provide health insurance to appellee as provided under an agreement that was incorporated into their final decree of divorce where the health insurance provision was not a form of spousal support and appellee’s contractual right was not affected by her remarriage
1194072 Anthony Dale Crawford v. Commonwealth of Virginia 12/29/2009
Upon Rehearing En Banc – no reversible error in trial court’s admission of the affidavit executed by the victim in support of a protective order; evidence sufficient to support convictions of abduction with intent to defile and rape and all of appellant’s convictions are affirmed
0413093 Ronnie Lee Howard v. Commonwealth of Virginia 12/22/2009
No violation of appellant's statutory speedy trial rights occurred where appellant failed to object to the continuance effected on the trial court's motion so running of speedy trial statute was tolled; appellant failed to preserve for appeal his claim of a constitutional speedy trial violation
2074072 Johnathan Wesley McMillan v. Commonwealth of Virginia 12/22/2009
Upon Rehearing En Banc - Appellant's conviction of possession of a concealed weapon by a convicted felon reversed and dismissed where the knife he possessed is neither enumerated in the statute nor is it a weapon
2328083 Antoine Lanier Hall v. Commonwealth of Virginia 12/22/2009
No error in appellant's conviction of escape where officer effected an arrest of appellant by touching him for the purpose of arrest and persons under arrest are always in custody for purposes of applying the escape statutes
2353082 Willis Alfred Brailey v. Commonwealth of Virginia 12/22/2009
Trial court did not abuse its discretion in denying appellant's motion for a continuance; evidence was sufficient to support appellant's convictions of eight counts of preparing a false tax return
2946083 Dillon Construction and Accident Fund Insurance Company of America v. Daryl Landon Carter 12/22/2009
No error in commission's finding that appellee was entitled to medical and temporary total disability benefits where it found appellee was a covered employee under the Act as employer retained the right to control the means and method of work appellee performed
0364081 John T. Gordon, Jr. v. Ford Motor Company 12/15/2009
Upon Rehearing En Banc - commission's decision finding that appellant's change-in-condition application for benefits was time-barred under Code § 65.2-708(A) two-year statute of limitations reversed and remanded to commission for further proceedings
1132082 Kevin Lamont Armstead v. Commonwealth of Virginia 12/15/2009
Trial court did not err in allowing Commonwealth to proceed on charge of unlawful shooting at an occupied vehicle after conviction for assault relating to same facts and circumstances as assault is not a lesser-included offense of shooting charge and prosecution for both crimes does not violate double jeopardy
2684082 Virginia Department of Corrections v. Tammy Estep 12/15/2009
As petition to circuit court under Code § 2.2-3006(D) was not an appeal of grievance panel decision, we are without jurisdiction to entertain appeal and it is transferred to Supreme Court of Virginia pursuant to Code § 8.01-677.1
3101082 Barbara J. Sims v. Marvin Junior Sims 12/15/2009
Error in final decree of divorce incorporating property settlement agreement between parties as the agreement was unconscionable and must be set aside; remanded to trial court for further proceedings
0179091 Christopher John Duva v. Karen Denise Duva 12/08/2009
Trial court did not err in declining to find a material change in circumstances and in refusing to modify appellant's visitation with the parties' children; equitable distribution award reversed and remanded to trial court where trial court applied the incorrect standard in determining whether certain property is separate, marital or hybrid
0344093 Commonwealth of Virginia v. Todd Needham 12/08/2009
Trial court applied an incorrect standard of review and reweighed the evidence contained in the administrative record; matter remanded to trial court to enter an order affirming the hearing officer
0925091 Charles Clark, et. al. v. Virginia Marine Resources Commission and City of Virginia Beach 12/08/2009
Trial court erred in finding appellants' petition for appeal was insufficient to establish standing and dismissing the appeal without an evidentiary hearing on the issue of standing
2600083 Dunia Rivera-Padilla v. Commonwealth of Virginia 12/08/2009
Trial court did not err in denying appellant's motion to suppress statements made during an interview with social services agents where the statements were made voluntarily and not coerced
2438084 Joshua Mark Testa v. Commonwealth of Virginia 12/01/2009
Trial court did not err in denying appellant’s motion to suppress by finding exclusionary rule did not apply and Miranda did not require suppression of the threatening statements appellant made to officers; evidence was sufficient to support conviction of obstruction of justice
0135091 Matthew J. Shiembob v. Susan Wren Shiembob 11/24/2009
Trial court erred in ruling that 2008 and 2009 shares of restricted stock was marital property, equitable distribution award remanded to trial court for further proceeding; trial’s courts rulings on attorney’s fees, protective order, and order unsealing trial court record affirmed
0309094 Melissa Antoinette Jones v. U.S. Senate Federal Credit Union and Cumis Insurance Society, Inc. 11/24/2009
No error in commission’s application of the abandonment doctrine where the commission should be able to rely on an agreement between the parties to define the agreed-upon scope of the claim and to set the boundaries for a consent award
1173084 Charles E. Settle, Jr. v. Commonwealth of Virginia 11/24/2009
As this Court is without jurisdiction over issue of forfeiture of appellant’s dogs, this portion of appeal transferred to Supreme Court; convictions of inadequate care of companion animals by owner affirmed; conviction of allowing dog to run at large dismissed where appellant failed to perfect appeal as to that conviction
2609084 Tanya Lynn Prashad v. Roberto-Luis Manuel Copeland and Philip Byron Spivey 11/24/2009
No error in trial court’s determination that full faith and credit must be extended to the four North Carolina custody and visitation orders; trial court’s decision to register the custody orders in their entirety affirmed
0241092 Festus Brian Foltz, Jr. v. Department of State Police 11/17/2009
Appeal transferred to Supreme Court of Virginia as this Court lacks subject matter jurisdiction over this civil action
0678094 Mohsen Mazloumi v. Department of Environmental Quality 11/17/2009
No error in trial court’s finding that appellee’s decision to revoke appellant’s license as an automobile emissions inspector was supported by substantial evidence
1482082 William Lee Scott v. Commonwealth of Virginia 11/17/2009
Upon Rehearing En Banc – No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of possession of cocaine with intent to distribute
1892084 Rafael Hernandez v. Commonwealth of Virginia 11/17/2009
Trial court did not err in finding it lacked the inherent authority to dismiss criminal charges on grounds other than legal or factual merits when such dismissal is not authorized by statute
2397083 Henry Ray Duncan, Jr., s/k/a Henry Ray Duncan, II v. Commonwealth of Virginia 11/17/2009
Trial court did not err in denying appellant’s motion to suppress evidence collected during a search of the vehicle he was driving where the officer had probable cause to enter the vehicle and search for a concealed weapon
0375091 Green Hand Nursery, Inc. and Florists Mutual Insurance Company v. Betsy A. Loveless 11/10/2009
No error in commission’s award of temporary partial benefits and lifetime medical benefits where commission found appellee’s injury arose out of her employment
2486081 Kevin Nathaniel Roberts v. Commonwealth of Virginia 11/10/2009
Trial court erred in denying motion to suppress evidence of a plastic bag containing five individually packaged rocks of cocaine seized from appellant’s hand where officer lacked a reasonable, articulable suspicion that appellant may have been armed so as to justify a frisk for weapons
2645084 Daniel Chinua Weeks v. Commonwealth of Virginia 11/10/2009
Trial court abused its discretion by failing to either declare a mistrial or to set aside the verdict on appellant’s conviction of conspiracy to commit grand larceny where the jury disavowed the verdict during the penalty phase of appellant’s trial
0945084 James Edward Perry v. Commonwealth of Virginia 11/03/2009
Trial court reached right result when it denied motion to suppress where trooper had probable cause to arrest appellant and did not violate Fourth Amendment when searching him
1349082 Jon Eric Lofgren v. Commonwealth of Virginia 11/03/2009
Appellant’s conviction of use of profane, threatening or indecent language over the telephone reversed and dismissed where appellant’s language failed to meet the definition of obscene as defined in Code § 18.2-372
0446094 Russell Kilby v. Culpeper County Department of Social Services 10/27/2009
Trial court did not err in finding that termination of appellant's parental rights to his child was in her best interests and that a conviction under Code § 40.1-103 is a felony assault for purposes of Code § 16.1-283(E)(iii)
1977082 Tyrone Anthony Cauls, Jr. v. Commonwealth of Virginia 10/20/2009
Trial court erred in denying the motion to suppress where the search of appellant’s pants pocket did not fall within the plain view exception to the warrant requirement where the incriminating character of the plastic baggy’s contents was not immediately apparent to the officer
2837084 Duane Elmer Startin, Jr. v. Commonwealth of Virginia 10/20/2009
Petition for Rehearing En Banc Granted
0152091 Commissioner, Virginia Department of Social Services v. Timothy J. Fulton 10/13/2009
Trial court erred in finding that the agency record lacked substantial evidence to support the agency’s “founded disposition” of sexual abuse against appellee
0692081 George Frederick Delaney v. Commonwealth of Virginia 10/13/2009
Appellant’s argument regarding sufficiency of evidence barred by Rule 5A:18 where the statement of facts is devoid of any indication as to what arguments and objections were made to the trial court and appellant did not utilize procedure provided by Rule 5A:8 to object to the contents of the statement of facts
2074082 Troy Douglas Baylor v. Commonwealth of Virginia 10/13/2009
Evidence did not support an inference that the value of each stolen catalytic converter at the time of the offense exceeded the statutory $200 threshold for grand larceny; case remanded to trial court for a new trial on charges of petit larceny
2383081 Shawn Lamont Lunsford v. Commonwealth of Virginia 10/13/2009
Trial court did not err in finding evidence was sufficient to convict appellant of breaking and entering the victim’s apartment and the grand larceny of a guitar and television from that apartment
2771084 Warren Nicholas Elem, Jr. v. Commonwealth of Virginia 10/13/2009
No error in trial court’s denial of appellant’s motion to bifurcate the guilt phase of appellant’s felony petit larceny trial so the jury would not be aware of his prior convictions until after they determined guilt or innocence or its determination that it was for the legislature to change the manner of proof in recidivist crimes
0892082 Corey Tayvon Smith v. Commonwealth of Virginia 10/06/2009
Trial court erred in denying motion to suppress fruits of search of appellant’s person following traffic stop of vehicle in which he was a passenger where officers relied on nonspecific information in computer database and nothing in officers’ contemporaneous dealings with appellant led them to believe he personally was committing a crime or was about to commit a crime
0985084 Stephan Rogers v. Commonwealth of Virginia 10/06/2009
Trial court did not err in finding evidence sufficient to support convictions of attempted robbery and attempted use of a firearm in commission of felony where the intervention of an external factor does not absolve a defendant of attempting to commit a crime
2948073 Lindsay Alan Bly v. Commonwealth of Virginia 09/15/2009
Upon Rehearing En Banc – appellant’s convictions affirmed where trial court did not err in rejecting appellant’s Brady claim or in denying appellant’s motion for a new trial
2582081 Rabha Chaplain v. Billy W. Chaplain 09/08/2009
Order appealed from is an appealable interlocutory order; trial court erred in finding parties’ premarital agreement was valid and enforceable
2837084 Duane Elmer Startin, Jr. v. Commonwealth of Virginia 09/08/2009
Trial court did not err in finding evidence sufficient to prove replica appellant used was a firearm for purposes of Code § 18.2-53.1; issue regarding whether evidence was sufficient to prove appellant used the firearm in a threatening manner is barred by Rule 5A:18
0203082 Jack Edward Carter v. Commonwealth of Virginia 09/01/2009
Trial court did not err in finding evidence sufficient to support conviction of grand larceny where appellant removed paint from shelves, placed it in cart without any intent to pay, and then gave it to another to return for refund representing that paint had already been purchased
0877084 Phillip Lawton Grant v. Commonwealth of Virginia 09/01/2009
Trial court erred in admitting certificate of analysis where certificate of breath-analysis is testimonial and the facts establishing the validity and admissibility of a breath-test result must be proved by live, in-court testimony in accordance with United States Supreme Court’s decision in Melendez-Diaz
1860084 James Carroll v. Commonwealth of Virginia 09/01/2009
Trial court did not err in finding appellant violated conditions of his probation by refusing to admit during court-ordered sex offender treatment that he committed the crime charged even though appellant entered an Alford plea and plea agreement in which he asserted his innocence
0801074 Mihai Gheorghiu v. Commonwealth of Virginia 08/25/2009
Trial court did not err in finding venue was proper in Arlington County for identity theft and credit card fraud convictions as evidence was sufficient to prove that appellant committed some part of the offenses while in Arlington County; conviction of possession of burglarious tools reversed as evidence failed to establish requisite intent under Code § 18.2-94
1836071 Dustin Allen Turner v. Commonwealth of Virginia 08/25/2009
Petition for rehearing En Banc granted
2142074 Ismael Paiz v. Commonwealth of Virginia 08/25/2009
Trial court erred in denying appellant’s motion to vacate jury verdicts for his convictions of use of a firearm in commission of lynching and use of a firearm in commission of malicious wounding by mob where Code § 18.2-42.1 does not render appellant criminally responsible simply because of his membership in mob
0295082 Elizabeth Pollard Noakes v. Commonwealth of Virginia 08/18/2009
Upon Rehearing En Banc - No error in trial court’s finding that appellant acted with criminal negligence and was guilty of involuntary manslaughter
0542082 Lynell Butler Simmons v. Commonwealth of Virginia 08/18/2009
Appellant’s attempted murder conviction affirmed where appellant never objected to trial court’s failure to arraign him at any phase of trial and appellant was fully aware of the attempted murder charge and was in no way prejudiced by the omission of a formal arraignment
1775082 Latoya Yvette Wilson v. Commonwealth of Virginia 08/18/2009
Denial of appellant’s motion to suspend or modify her sentence pursuant to Code § 19.2-303 affirmed as appellant failed to present evidence of “circumstances in mitigation of the offense” as required by that code section
2317084 Diane C.H. McNamara v. Virginia Employment Commission and Jeffrey W. Joerger 08/18/2009
Trial court did not err in affirming commission’s finding that claimant was not discharged for misconduct connected with his work and was entitled to unemployment benefits
2841083 Michael Warren Haley v. Springs Global U.S., Inc. and Zurich American Insurance Company 08/18/2009
No error in commission’s finding that appellant’s injury by accident did not arise out of his employment where the step did not present any unusual work-specific risk for appellant
0824081 Jonathan Brittle v. Commonwealth of Virginia 08/11/2009
Appellant’s issues procedurally defaulted where he failed to object to introduction of prior convictions, failed to challenge the sufficiency of the evidence, and failed to challenge the prior convictions at sentencing
1392083 Christopher Brent Cooper v. Commonwealth of Virginia 08/11/2009
Trial court did not err in granting the Commonwealth a continuance where appellant failed to demonstrate prejudice, in admitting an NCIC report under the business records exception to the hearsay rule, or in finding the evidence sufficient to support appellant’s convictions of manufacturing marijuana not for his own use and knowingly receiving a stolen shotgun
1930081 Hope Kathleen Damon v. Christine York, Mitchell J. Parker, Jr. and Heather Chapman, f/k/a etc. 08/11/2009
Trial court did not err in finding that appellant failed to establish her status as a person with a legitimate interest under Code § 20-124.1 for purposes of obtaining court-ordered visitation
2906083 Freddie Lincoln, Clifton, Jr., etc. v. Clifton Cable Contracting, L.L.C., et. al. 08/11/2009
Commission did not err in finding that appellant failed to establish that decedent’s death arose out of or in the course of his employment or in finding that the death presumption did not apply
2940082 Alan Biddison and Lois Biddison v. Virginia Marine Resources Commission, et al. 08/11/2009
Trial court erred in finding appellants lacked standing to appeal VMRC’s decision to grant a permit where sufficient evidence established that appellants were aggrieved under Code § 28.2-1205(F)
0225091 County of James City Fire Department, et al. v. Warren Edward Smith 08/04/2009
Commission erred in finding appellee adequately marketed his residual work capacity
1699084 Doris S. Chibikom v. Commonwealth of Virginia 08/04/2009
Trial court did not err in refusing to instruct jury on improper driving as it is not a lesser-included offense of reckless driving by speed
1836071 Dustin Allen Turner v. Commonwealth of Virginia 08/04/2009
Court held that petitioner met his burden of proving that the recantation is truthful and that, had the statement been produced at trial, no rational trier of fact could have found proof of guilt beyond a reasonable doubt. Writ of actual innocence granted, convictions vacated, and matter remanded to modify the order of conviction to reflect conviction of being an accessory after the fact.
2268084 David Dwight de Haan v. Lynn Carol Holmbeck de Haan 08/04/2009
Appeal dismissed where this Court is without jurisdiction to entertain the appeal because the order appealed from is interlocutory and does not adjudicate the principles of the cause
0181084 Randy Nicholas Pressley v. Commonwealth of Virginia 07/28/2009
Evidence was sufficient to support conviction of carjacking where appellant’s conduct and words exercised such domination and control over victim as to overcome victim’s mind and overbear victim’s will, placing victim in fear of bodily harm, and inducing victim to surrender his vehicle
1004084 Matthew Edward Simms v. Ruby Tuesdays, Inc. and Hartford Insurance Company of the Midwest 07/28/2009
Commission did not err in finding appellant’s injury did not arise out of his employment where there was no connection between the conditions under which employer required the work to be performed and the horseplay engaged in by appellant’s co-workers which resulted in his injury
1788081 George Junious Seaborn v. Commonwealth of Virginia 07/28/2009
Evidence was sufficient to support appellant’s conviction of operating a motor vehicle after having been adjudged an habitual offender where trial court could reasonably infer that streets in a private residential apartment complex were not marked as private and were open to unrestricted public use proving appellant drove on a highway
1802081 Glen Jones, Jr. v. Commonwealth of Virginia 07/28/2009
Trial court did not err in refusing to allow appellant to advise jury that he had been incarcerated on same charges that had previously been nolle prosequied where that information was irrelevant and was not evidence in mitigation of the offense
3202064 Nicholai Kolesnikoff v. Commonwealth of Virginia 07/28/2009
Trial court did not err in denying motion to dismiss indictment where circuit court is without subject matter jurisdiction to review a lower court’s order granting a motion to nolle prosequi; evidence was sufficient to support conviction of custodial indecent liberties
2831084 United Parcel Service, Inc. and Liberty Insurance Corporation v. John A. Ilg 07/21/2009
Commission erred in rejecting employer’s application to suspend benefits where the evidence established probable cause that a change in condition occurred with respect to the compensable injury acknowledged in the parties’ agreement to pay benefits; remanded to commission to place on hearing docket
0230084 Charles M. Sanford v. Commonwealth of Virginia 07/14/2009
No error in appellant’s conviction of forcible sodomy accomplished through use of victim’s mental incapacity where evidence was sufficient to prove victim lacked mental capacity to understand the nature or consequences of the unchallenged act of sodomy
1486081 Joseph T. West v. Commonwealth of Virginia 07/14/2009
Trial court did not err in denying appellant’s motion to suppress evidence collected by police after they entered his home as both probable cause and exigent circumstances existed justifying the warrantless entry into appellant’s home
1502082 Marcus Atkins, s/k/a Marcus Antwan Atkins v. Commonwealth of Virginia 07/14/2009
Appellant’s conviction of obstruction of justice reversed as mere flight does not constitute obstruction of justice and evidence proved that appellant made false statements regarding his identity while police were investigating a crime by him not by “another”
0500084 Mathurin Ngomondjami v. Commonwealth of Virginia 06/30/2009
Trial court did not err in refusing appellant’s jury instruction which was not an accurate statement of the law, in finding the evidence was sufficient to prove appellant “operated” a motor vehicle, and in admitting appellant’s driving record during sentencing phase of trial
1056084 Viorel Draghia v. Commonwealth of Virginia 06/30/2009
Trial court did not err in finding Rule 1:1 barred appellant’s claim; as this Court does not have jurisdiction to address appellant’s issues regarding the writ of error coram vobis, that part of the appeal is transferred to the Supreme Court of Virginia
1545084 Marblex Design International, Inc., et al. v. Jill Ann Stevens and Sebahat Cevikel 06/30/2009
No error in commission’s award of survivor benefits to decedent’s widow as the marriage was not against public policy
2393073 David Midkiff, s/k/a David Willis Midkiff v. Commonwealth of Virginia 06/30/2009
Trial court did not err in denying appellant’s motion to suppress evidence seized from his home where officers conducting search did so in good-faith reliance on validity of search warrant; trial court did not err in admitting into evidence images and digital movies reproduced from digital files recovered from appellant’s computer
2405084 Lisa Miller v. Janet Jenkins 06/23/2009
Trial court’s dismissal of appellant’s motion for declaratory judgment affirmed where, because declaratory judgment does not lie in this case, the trial court had no jurisdiction to entertain appellant’s claim; dismissal of request for injunctive relief proper as appellant is not without adequate remedy at law
1135084 Joseph Anthony Stroud v. Debra Lyn Stroud 06/16/2009
Trial court did not err in refusing to award appellant attorney’s fees based upon the property settlement agreement default provisions where appellant was not entitled to unilaterally modify the terms of the agreement and appellee had no choice but to initiate proceedings for resolution of the issue and was not in default of the agreement
1961082 AMEC Civil, LLC v. Commonwealth of Virginia, etc. 06/16/2009
Trial court did not err in denying appellant’s request for prejudgment interest on its award of compensatory damages
2061082 Commonwealth of Virginia, etc. v. AMEC Civil, LLC 06/16/2009
Error in part in trial court’s award of compensatory damages to appellee; judgment affirmed in part and reversed in part and remanded to trial court for further proceedings
0942093 In Re: Jon I. Davey, Esquire 06/02/2009
The Court of Appeals finds Jon I. Davey, Esquire, in contempt of this Court and punishes him for his contemptuous conduct
2057081 Nettie L. Bailey v. Seth A. Bailey 05/26/2009
Trial court did not err in accepting the evidence of appellee’s mental incompetence and in holding the marital agreement unenforceable as appellee lacked the mental competence to execute the agreement
2721073 Ronald Jerome Jones v. Commonwealth of Virginia 05/26/2009
Trial court did not err in allowing an expert witness to testify as to the victim’s cause of death where the witness’ opinions were supported by her own observations and examinations of victim’s body unrelated to her reliance on medical records that were not admitted into evidence
1234062 Julie Ann Layton Doering v. Neal Joseph Doering 05/19/2009
Trial court did not abuse its discretion in refusing to incorporate the parties’ property settlement agreement into the final divorce decree or in reducing appellant’s spousal support from the sum provided in the agreement
2060082 Psychiatric Solutions of Virginia, Inc., d/b/a, etc. v. Patrick W. Finnerty, Director, etc. 05/19/2009
Trial court did not err in upholding DMAS’s retraction of the general inpatient fees where contract principles applied to the interpretation of the provider agreement and the ongoing deficiencies in documenting the execution of a specific component of the treatment plan for the 20 patients constituted a material breach of the provider agreement
2119081 Virginia Retirement System v. Susan E. Cirillo 05/19/2009
No error in trial court’s finding that VRS did not comply with the VAPA which required appellee be informed briefly and in writing of the procedural basis for its decision; trial court erred in reversing the decision of VRS and in awarding benefits
1034082 Maurice Meade Brown v. Commonwealth of Virginia 05/12/2009
Trial court did not err in allowing witness to testify to events he witnessed on a surveillance tape without requiring admission of the tape as the best evidence rule applies only to writings and the testimony did not violate the best evidence rule; evidence sufficient to support conviction of grand larceny
1557072 Steven Lamont Joel Scott v. Commonwealth of Virginia 05/12/2009
Trial court’s judgment revoking appellant’s probation affirmed where court in Ohio did not have jurisdiction to adjudicate the merits of appellant’s Virginia probation violation and revoke appellant’s probation; trial court not required to give full faith and credit to the Ohio court’s judgment
2215071 Ronnie Eugene Fullwood v. Commonwealth of Virginia 05/12/2009
Appellant’s convictions for two counts of possessing drugs with intent to distribute, within 1,000 feet of a school, do not violate double jeopardy principles where it is undisputed that appellant possessed cocaine and marijuana and the possession of each substance violates separate sections of the Code and can constitute separate offenses
2377074 Lawrence W. Roseborough v. Commonwealth of Virginia 05/12/2009
Rehearing En Banc Granted
2656072 Genev Denise Clark, s/k/a etc. v. Commonwealth of Virginia 05/12/2009
Upon Rehearing En Banc – appellant’s conviction of assault affirmed where totality of circumstances was sufficient to prove the necessary overt act under the assimilated tort law definition of assault
0618081 Michael Andre Owens, s/k/a Michael Levy Owens v. Commonwealth of Virginia 05/05/2009
No error in trial court’s finding that evidence was sufficient to convict appellant of possession of burglary tools where appellant and his companions conspired to commit burglary and when one of the companions attempted to burglarize the residence with a screwdriver, appellant, who set the plan in motion and participated, was liable as a principal in the second degree
0872083 Lucian Dabney Robinson v. Susan Beller Robinson 05/05/2009
No error in trial court’s award of spousal support to appellee after considering this case on remand from a previous appeal
1882071 Eric Amir Ghameshlouy, s/k/a Eric Amir Ghameslouly v. Commonwealth of Virginia 05/05/2009
Appeal of appellant’s misdemeanor conviction dismissed as this Court has no jurisdiction to hear this appeal where appellant failed to name an indispensable party in the notice of appeal
1277081 Maryview Hospital, t/a etc. v. Latisha Woodard, Administratrix of the Estate of Jaliyah N. Lee 04/28/2009
Appeal dismissed where decision of the commission appealed from was not an appealable interlocutory order and commission did not rule on the merits of the portion of the claim it held was properly before it
1316081 Nicola M. Davies, M.D., Eastern Virgina Medical School, et al. v. Latisha Woodard, etc. 04/28/2009
Appeal dismissed where decision of the commission appealed from was not an appealable interlocutory order and commission did not rule on the merits of the portion of the claim it held was properly before it
1407081 Michael Eugene Lacey v. Commonwealth of Virginia 04/28/2009
Appellant’s conviction of statutory burglary reversed and dismissed where appellant’s entry through an open garage door and subsequent breaking of an interior door failed to meet elements of offense; conviction of third or subsequent offense petit larceny affirmed where appellant’s motion for mistrial, made after jury returned its verdict, was untimely
2408071 George Sherrell Thompson v. Commonwealth of Virginia 04/28/2009
Trial court erred in denying appellant’s motion to suppress evidence obtained during a pat down of appellant where officer lacked facts giving rise to a reasonable suspicion to believe that appellant was involved in criminal activity or was armed and dangerous
2441072 Latroy A. Harper v. Commonwealth of Virginia 04/28/2009
No error in sentences imposed upon appellant pursuant to his guilty pleas as the Confrontation Clause does not apply to sentencing hearings and Crawford v. Washington did not expand the applicable scope of the right of confrontation to sentencing hearings
2474081 Payton Jones, Jr. v. Gwaltney of Smithfield, LTD. and ACE American Insurance Company 04/21/2009
Commission erred in employing an incorrect standard in finding that appellant did not show prejudice by appellees’ failure to file a timely first report of accident
2563073 Nyal Lee Cline, III v. Commonwealth of Virginia 04/21/2009
Appellant’s conviction of felony assault and battery of a law enforcement officer reversed as an ABC agent is not a law enforcement officer as defined under Code § 18.2-57(C); matter remanded to trial court for resentencing on the lesser-included offense of simple assault and battery
1166081 Akili Amin Abdullah v. Commonwealth of Virginia 04/14/2009
No error in trial court’s finding that evidence was sufficient to support conviction of misdemeanor assault by mob where appellant agreed with group’s common purpose of committing assault; Commonwealth conceded error with regard to appellant’s robbery conviction
2427071 Antionette Robinson, s/k/a Antoinette Robinson v. Commonwealth of Virginia 04/14/2009
Trial court did not err in denying motion to suppress drug evidence seized from appellant’s person where officers had probable cause to arrest appellant based on confidential informant’s predictions regarding appellant’s identity and vehicle information as well as appellant’s suspicious conduct
2618071 Michael Romulus Johns v. Commonwealth of Virginia 04/14/2009
Trial court erred in denying appellant’s motion to strike the evidence where the record does not support a finding that appellant broke into a “dwelling house” as the evidence does not show the house was used for habitation; appellant’s statutory burglary conviction reversed and dismissed
0423082 NiSource, Inc. and Ace Amercian Insurance v. Eric Shawn Thomas 04/07/2009
No error in commission’s award of temporary partial disability benefits to appellee and imputing an average weekly wage to appellee where it determined that appellee had engaged in post-injury, light-duty work and failed to report earnings
0663081 Charles Nathaniel Brown, Jr. v. Ophelia Keeling Brown 04/07/2009
Trial court erred in ruling that an order resolving a show cause petition addressing a spousal support arrearage qualified as a stipulation or contract between the parties under Code § 20-109
1093081 Vivian A. Shanklin v. Commonwealth 04/07/2009
Appellant’s conviction of felony child neglect reversed and indictment dismissed where evidence was insufficient to show that appellant’s behavior constituted criminal negligence
0364081 John T. Gordon, Jr. v. Ford Motor Company 03/31/2009
Commission erred in finding appellant’s change-in-condition application time-barred by Code § 65.2-708(A) and in finding that Code § 65.2-708(C) extends only once during the life of a workers' compensation case and the tolling provision did not apply to the facts of this case
1591081 Virginia Department of Transportation v. Jerry Stevens 03/31/2009
Trial court exceeded its authority by overruling hearing officer’s decision approving appellant’s termination of appellee; trial court’s reinstatement order and its award of attorney fees to appellee reversed
2309072 Raymond Mynois Johnson v. Commonwealth of Virginia 03/31/2009
No error in trial court’s finding that appellant’s prior convictions in North Carolina required him to register as a sex offender in Virginia where crimes were similar to a Virginia statute that would require registration and those convicted as principals in second degree are also required to register under the Ac
2335061 Darius T. James, s/k/a Darius Tremayne James v. Commonwealth of Virginia 03/31/2009
No error in trial court’s finding that evidence was sufficient to prove an agreement existed between appellant and another to commit robbery; conviction of conspiracy to commit robbery affirmed
2564073 Michael Dwayne Vaughn v. Commonwealth of Virginia 03/31/2009
Trial court did not err in denying appellant’s motion to suppress where officer was lawfully in appellant’s backyard trying to contact appellant when he observed the stolen items, which were in plain view from where he stood
3065071 Chad Crawford Roberson v. City of Virginia Beach 03/31/2009
Appeal dismissed where appellant failed to join an indispensable party to the appeal depriving this Court of jurisdiction to consider the appeal
3072071 Tony C. Arrington v. Commonwealth of Virginia 03/31/2009
Argument presented on appeal that evidence was seized in violation of Fourth Amendment waived where appellant failed to file a motion to suppress or otherwise object to the admissibility of the evidence
1705084 Wallace Lewis Judd, Jr. v. Judith Hase Judd 03/24/2009
Trial court did not err in granting appellee permission to move the parties’ two children with her to Wisconsin and in granting appellee the entire marital share of her pension
2422071 Eric Dwayne Nolen v. Commonwealth of Virginia 03/24/2009
No error in appellant’s conviction of felonious violation of a protective order as trial court found evidence was sufficient to prove appellant inflicted serious bodily injury on the victim
2783073 Earl Dupree Wilson v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to find that appellant attempted to photograph a non-consenting victim’s intimate parts or undergarments covering those intimate parts not visible to the general public while victim was shopping in a public place
0980082 J.M. Lewis, Jr. v. Lynne H. Lewis 03/17/2009
No error in trial court’s award of various retirement assets to appellee or in award of attorney’s fees to appellee; trial court did not have authority to order appellant to obtain life insurance listing appellee as beneficiary, that issue reversed and matter remanded to trial court for further proceedings
1018072 Kenneth Anthony Clanton v. Commonwealth of Virginia 03/17/2009
Upon Rehearing En Banc – Trial court did not err in finding evidence was sufficient to find child was taken from person lawfully entitled to her charge, movement of child was to facilitate ongoing robbery, and child was taken by force, intimidation or deceit within meaning of abduction statute
2410072 Jeremiah S. hargrove v. Commonwealth of Virginia 03/17/2009
Trial court did not err in admitting container of marijuana and certificate of analysis where chain of custody was sufficiently established, in finding evidence proved appellant intentionally and consciously possessed with intent to distribute more than five pounds of marijuana, and in finding appellant possessed firearm while in possession of more than one pound of marijuana
0468063 James Gregory Logan v. Commonwealth of Virginia 03/10/2009
Upon Remand from the Supreme Court of Virginia – no error in trial court’s finding that the officer’s actions did not warrant excluding the cocaine evidence offered during appellant’s probation violation hearing
0288082 Louise B. Gilliam v. Arthur L. McGrady 03/04/2009
Trial court did not properly consider the factors required to classify the trust fund tax debt as marital or separate; trial court did not err in holding that appellant had the burden to prove that the trust fund taxes were not a marital debt
0801074 Mihai Gheorghiu v. Commonwealth of Virginia 03/04/2009
Petition for rehearing by panel is granted and appeal is reinstated on the docket of the Court.
2515072 Beverly Dandridge Sprouse v. Commonwealth of Virginia 03/04/2009
Trial court erred in admitting the certificate of analysis of appellant’s blood alcohol content under the implied consent law where appellant’s blood was drawn for testing before he was arrested
2762073 Rechell Lynn Rose v. Commonwealth of Virginia 03/04/2009
No error in appellant’s conviction of use of a firearm in commission of robbery where gun was used to inflict physical harm in order to accomplish robbery and victim’s perception is only relevant where object is being displayed, not used
3046072 Ivan Leander Harris v. Commonwealth of Virginia 03/04/2009
No error in appellant’s conviction of failing to re-register as a sex offender where admission of the state police affidavit did not violate appellant’s Sixth Amendment right to confrontation and evidence was sufficient to find appellant did not re-register as required
2085073 Paula Michelle Ratliff v. Commonwealth of Virginia 02/24/2009
Trial court did not err in denying appellant’s motion to dismiss indictment where the driving while intoxicated language in Code § 18.2-51.4 is not limited to alcohol consumption intoxication
2312072 Michael Blake Vaughan v. Commonwealth of Virginia 02/24/2009
Trial court did not err in denying motion to suppress where it was objectively reasonable for officer to conclude that driver’s unqualified consent to search vehicle authorized him to search bookbag he found in vehicle and bookbag bore no marks identifying it as appellant’s property
2377074 Lawrence W. Roseborough v. Commonwealth of Virginia 02/24/2009
Trial court did not err in admitting certificate of analysis where officer did not need to resort to implied consent law to obtain a sample of appellant’s breath because appellant explicitly consented to a breath test without being informed of the implied consent statute
0723084 Hitt Construction and Zurich American Insurance Company v. Richard J.E. Pratt, Jr. 02/17/2009
Award of commission reversed where commission lacked authority to review appellants’ appeal from a deputy commissioner’s decision because at the time of the review the commission was composed of only two statutorily authorized commissioners and appellants specifically challenged that authority
0894072 Shakil Edwards v. Commonwealth of Virginia 02/17/2009
Upon Rehearing En Banc – appellant’s conviction of possession of a tool, implement or outfit with intent to commit larceny reversed and indictment dismissed where evidence was insufficient to prove purse appellant carried was a tool, implement or outfit under the statute
1923071 Bernard Hopkins, Jr. v. Commonwealth of Virginia 02/17/2009
Trial court erred in overruling appellant’s Batson challenge to Commonwealth’s use of peremptory strikes where the proffered reason stated was not a satisfactory race-neutral explanation where its reason for striking some jurors also applied to some jurors who were not African-American and were not struck
0628083 Dominion Coal Corporation and Jewell Resources Corporation & Subsidiaries v. Shane E. Bowman 02/10/2009
No error in commission’s award of benefits to appellee where evidence supported a finding that appellee’s use of methadone at the time of his accident did not cause or contribute to his injury by accident
0883084 Shenandoah Motors, Inc. and VADA Group Self-Insurance Association v. Barbara Jean Smith 02/10/2009
Commission erred in finding that appellants failed to establish a constructive refusal of selective employment under Code § 65.2-510(A) because it did not make an actual bona fide job offer of selective employment; award of temporary partial disability benefits reversed and matter remanded to commission for further proceedings
0940083 Augusta County School Baord and Sedgwick CMS, Inc. v. Carol A. Humphreys 02/10/2009
No error in commission’s award of benefits to appellee on a change-in-condition application where appellee received the equivalent of an award of compensation on her original claim, as modified by a stipulated order, and the change-in-condition application was filed within two years of the stipulated order
0051091 Anne Marston Lynch, Esquire 02/03/2009
The Court of Appeals finds Anne Marston Lynch, Esquire, in contempt of this Court and punishes her for her contemptuous disregard of this Court's orders
1194072 Anthony Dale Crawford v. Commonwealth of Virginia 01/27/2009
Rehearing En Banc granted
1438081 Richard Morris Moore v. Commonwealth of Virginia 01/27/2009
Upon a Petition for Writ of Actual Innocence – Court finds that petitioner has not met statutory burden of proving by clear and convincing evidence both that the 2004 recantation evidence was true and not merely cumulative and when considered with all other evidence in the current record, no rational trier of fact could have found him guilty
1729073 Tracy Lynn Mabe v. Wythe County Department of Social Services 01/27/2009
Trial court erred in refusing to continue the termination hearing for a period of time sufficient to transport appellant from federal custody to the hearing; argument regarding whether evidence was sufficient to support termination barred by Rule 5A:18
0325084 Kent Cusack v. Deborah Cusack 01/20/2009
Trial court erred in directing that payment of appellee’s share of appellant’s military pension was to commence on the date of his retirement, which occurred after the parties separated, almost a year before the appellee filed for divorce, and over two years prior to the equitable distribution hearing
0801074 Mihai Gheorghiu v. Commonwealth of Virginia 01/20/2009
Trial court did not err in finding venue was proper in Arlington County for identity theft conviction as evidence was sufficient to prove that appellant committed some part of the offense while in Arlington County; notice of appeal not timely filed with regard to various additional convictions appealed, and appeal dismissed as to those convictions
0984071 Lamont Dante Wright v. Commonwealth of Virginia 01/13/2009
No error in trial court’s conclusion that evidence of appellant’s constructive possession of the drugs and firearm was sufficient to support a conviction under Code § 18.2-308.4(C) and that proof of actual possession was not required
1737061 Claude M. Scialdone v. Commonwealth of Virginia 01/13/2009
Upon Rehearing En Banc – Judgment of contempt affirmed where appellant failed to preserve for appeal the argument that the trial court deprived him of due process rights associated with plenary contempt where appellant never asked the trial court to employ plenary contempt procedures
1738061 Barry R. Taylor v. Commonwealth of Virginia 01/13/2009
Upon Rehearing En Banc – Judgment of contempt affirmed where appellant failed to preserve for appeal the argument that the trial court deprived him of due process rights associated with plenary contempt where appellant never asked the trial court to employ plenary contempt procedures
1739061 Edwards Jones, s/k/a Edward S. Jones v. Commonwealth of Virginia 01/13/2009
Upon Rehearing En Banc – Judgment of contempt affirmed where appellant failed to preserve for appeal the argument that the trial court deprived him of due process rights associated with plenary contempt where appellant never asked the trial court to employ plenary contempt procedures
2029072 Delano King v. Commonwealth of Virginia 01/13/2009
Trial court did not err in finding evidence was sufficient to support conviction under Code § 18.2-280(C) where it proved that at the time appellant discharged a firearm, the property line at issue in this case was a school property line within plain meaning of statute
0160084 Robert Tyszcenko v. Esther Donatelli, f/k/a Esther Tyszcenko 12/30/2008
Trial court erred in awarding appellee attorney’s fees under Code § 20-146.33(A) incurred in connection with appellee’s motion to change jurisdiction; matter remanded to trial court for consideration of appellee’s request under Code §§ 20-79(b) and 20-99(5)
1379082 Daniel G. Chretien v. Lynda Rae Chretien 12/30/2008
Trial court’s error in classifying appellee’s personal injury recovery as separate property harmless as trial court held that even if the personal injury recovery should have been classified as marital property, it would have reached same result by applying factors delineated by Code § 20-107.3(E)
2716073 Robert Edward Woody v. Commonwealth of Virginia 12/30/2008
Appeal of conviction of driving while intoxicated under County code section dismissed where appellant failed to name County as a party to the appeal and, as result, this Court lacks jurisdiction over an indispensable party
0247081 Rodney Wendell Jones v. Commonwealth of Virginia 12/23/2008
Trial court erred in denying appellant’s motion to suppress firearm seized from appellant’s person as officer lacked adequate grounds to stop appellant
1194072 Anthony Dale Crawford v. Commonwealth of Virginia 12/23/2008
Trial court did not err in allowing testimony of victim’s co-workers regarding statements she made to them to show victim’s state of mind; trial court erred in admitting an affidavit prepared as part of victim’s request for a protective order to prove the truth of its contents
2272074 Charles Caprino v. Commonwealth of Virginia 12/23/2008
Appellant’s constitutional right to remain silent not violated where record does not show that appellant’s silence was in response to any Miranda warnings he received
1031082 Alexander M. Rinaldi v. Lori A. Rinaldi 12/16/2008
Trial court did not err in its classification and division of the parties’ property and the earnings thereon or in awarding appellee a portion of her attorney’s fees
1955074 Larry Johnson v. Commonwealth of Virginia 12/16/2008
Trial court did not err in declining to order a competency evaluation for appellant when confronted only with vague, unsubstantiated representations of counsel and a history of appellant’s rational behavior; evidence allowed jury to infer an intent to permanently injure victim; evidence appellant claims he should have been given under Brady failed required test of materiality
2188072 James Aaron Pearce v. Commonwealth of Virginia 12/16/2008
Trial court did not err in allowing evidence of appellant’s drug consumption at the time leading up to his arrest as relevant to his credibility and finding it was not excludable as other crimes evidence; as appellant failed to request a limiting instruction advising the jury how to consider appellant’s drug use evidence, issue barred by Rule 5A:18
2558071 Fred C. Williams, s/k/a Fred C. Williams, Jr. v. Commonwealth of Virginia 12/16/2008
Trial court did not err in refusing to suppress statements appellant made to police officer as the warnings given by the officer sufficiently advised him of his right to an attorney; evidence was sufficient to support finding that appellant conspired to commit grand larceny
3025073 Norvell Winston West, III v. Jill Angela West 12/16/2008
Trial court did not err in its award of spousal support to appellee or in the denial of attorney’s fees to appellee; trial court erred in its determination of child support by failing to calculate the amount by using appellant’s actual gross income at time of entry of final decree of divorce
0863073 Deborah Ann Stacy v. William Leslie Stacy 12/09/2008
Upon Rehearing En Banc – trial court erred in treating appellee’s mortgage payment obligation as spousal support and terminating it on cohabitation grounds where under parties’ property settlement agreement it was an unconditional third party obligation as part of parties’ equitable distribution
0789082 Food Lion, LLC and Delhaize America, Inc. v. Quamaine A. Wright 12/02/2008
No error in commission’s decision to grant appellee’s request for a change in treating physician as employer had made an unqualified offer authorizing appellee to change his treating physician at his election
1771072 Ronald Patrick Cobbins v. Commonwealth of Virginia 12/02/2008
No error in trial court’s refusal to allow appellant to withdraw his guilty pleas; entry of those pleas precludes appellant from challenging trial court’s earlier refusal to grant him a continuance
0229084 Masonite Holdings, Inc. and Safety National Casualty Company v. Connie Lee Cubbage 11/25/2008
No error in commission’s finding that appellee filed a valid claim for benefits and that this claim was filed within the two-year statute of limitations
0040081 Travis Stacey Whitehead v. Commonwealth of Virginia 11/12/2008
Trial court did not err in refusing to suppress evidence recovered from appellant’s person where officers had probable cause to search after drug-detecting dog alerted on vehicle and no drugs were recovered from vehicle or any of other occupants of vehicle
2792053 Lynchburg Division of Social Services v. James Cook and Sandra Cook 11/12/2008
Upon remand from the Supreme Court of Virginia, the opinion previously rendered by this Court on August 14, 2007 is withdrawn, and this case is remanded to the trial court for further proceedings in accordance with the principles expressed in the written opinion of the Supreme Court of Virginia
0231084 Jeffrey M. Fadness v. Lynette T. Fadness 11/04/2008
No error in trial court’s findings with regard to issues of grounds for divorce, equitable distribution, spousal support, distribution of proceeds from Maryland home or attorney’s fees; additional issues waived as no legal authority was provided
1419072 Gary Dwight Brannon v. Commonwealth of Virginia 11/04/2008
Trial court erred in finding evidence was sufficient to support appellant’s conviction of leaving the scene of an accident involving personal injury where nothing in record shows appellant was put on notice of any injuries to victim
2545072 Chesapeake Bay Foundation, Inc. v. Commonwealth of Virginia, ex rel., etc. 11/04/2008
Trial court erred in granting demurrers of appellees where facts appellant alleged in its petition for appeal, accepted as true, were sufficient to survive appellees’ demurrers on issue of standing; remanded to trial court
1608072 Robert Andrew Harris v. Commonwealth of Virginia 10/28/2008
Trial court did not err in finding that appellant suffered no prejudice constituting a denial of due process as a result of the transfer hearing occurring beyond Code § 16.1-277.1(B)’s time limitation; no error in finding that Commonwealth exercised due diligence and reasonable efforts to secure attendance of unavailable witness
2961072 Volkswagen of America, Inc. v. Demerst B. Smit, Commissioner of Virginia DMV, et al. 10/28/2008
No error in trial court's affirmance of the commissioner's decision that appellant violated Code § 46.2-1569(7) when it failed to ship any newly introduced Passats and Beetles during specified time period
2986064 Stacey Lynn Wright v. Commonwealth of Virginia 10/28/2008
Upon Rehearing En Banc – appellant was not entitled to have the circuit court review the district court’s discretionary decision and grant her requested remedy of either remanding case for preliminary hearing or having subsequent indictments dismissed; judgment of trial court affirmed
2986064 Stacey Lynn Wright v. Commonwealth of Virginia 10/22/2008
Upon Rehearing En Banc – appellant was not entitled to have the circuit court review the district court’s discretionary decision and grant her requested remedy of either remanding case for preliminary hearing or having subsequent indictments dismissed; judgment of trial court affirmed
0063081 Kenyone E. McEachern v. Commonwealth of Virginia 10/21/2008
Trial court did not err in finding evidence was sufficient to support conviction of grand larceny of a vehicle where evidence proved appellant took the victim’s vehicle with the intent to permanently deprive her of it
1651071 Paul Talmadge Bowden v. Commonwealth of Virginia 10/07/2008
Trial court erred in holding that aggravated sexual battery is a lesser-included offense of forcible sodomy as each requires proof of elements not required by the other; appellant’s conviction reversed and the indictment dismissed
2381071 Kenneth Singleton, s/k/a Kenneth L. Singleton v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding appellant in contempt of court for not appearing for trial and for advising his client to do the same without approval from the trial court; appellant’s argument that he was not afforded the procedural protections required by due process barred by Rule 5A:18
1991071 Margaret A. Parks v. Dennis W. Parks 09/23/2008
Judgment of trial court affirmed without opinion as to whether error exists in the record where appellant did not comply with Rule 5A:20(e) requirements and the failure to comply with that rule as to each question presented is significant; appellant’s questions presented are waived
2682072 S. David McIlwain v. Susan Blair Penick McIlwain 09/16/2008
Trial court did not err in awarding appellee a monetary sum equal to half of the fair market rental value of the marital home as part of overall equitable distribution of marital property or in finding receivables from loans to two companies were marital assets and distributing them accordingly; trial court erred in awarding appellee credit for tax payments she made using marital funds
2723073 Scott R. Brandau v. Carol J. Brandau 09/16/2008
Trial court did not err in refusing to impute income to appellee or in its calculation of appellant’s income; spousal support award to appellee affirmed
1018072 Kenneth Anthony Clanton v. Commonwealth of Virginia 09/09/2008
Rehearing En Banc granted
1370063 Jami Dawn Dunn v. Commonwealth of Virginia 09/09/2008
Upon Rehearing En Banc – Evidence was sufficient to support appellant’s convictions of possession of methamphetamine with intent to distribute as principal in second degree and possession of marijuana with intent to distribute as principal in second degree; panel opinion withdrawn
1798071 Doctors' Hospital of Williamsburg LLC et al. v. Robert B. Stroube, M.D., et al. 09/09/2008
Trial court did not err in affirming Commissioner’s case decision as it found Commissioner properly considered Board’s recommendation to be one of approval, the EVHSA staff report was properly part of agency record, Commissioner had authority to consider the EVHSA staff report, and Commissioner had discretion in what weight to assign to that report
1024073 James Lester Waller v. Commonwealth of Virginia 09/02/2008
Trial court did not err in finding evidence did not establish elements of appellant’s necessity defense or in admitting appellant’s armed robbery conviction orders into evidence to support enhanced punishment provision of Code § 18.2-308.2(A)
2433072 T.S.G. v. B.A.S. 09/02/2008
Trial court did not err in denying appellant’s motions based on her allegations of fraud, in finding appellant did not establish a legal basis for revocation of her consent to adoption, in considering the DSS report and Code § 63.2-1208(D) factors, in finding adoption to be in child’s best interests or in granting appellee’s petition for adoption
2781041 Eddie Cross v. Commonwealth of Virginia 09/02/2008
Upon remand from the Supreme Court of Virginia for reconsideration, the trial court did not err by denying appellant’s motion to suppress and appellant’s conviction of possession of cocaine is affirmed
1069072 Jerald Vincent Jones v. Commonwealth of Virginia 08/26/2008
Trial court did not err in denying appellant’s motion to suppress where officers had a reasonable, articulable suspicion that appellant possessed a concealed weapon at the time of his seizure and that offense rendered him potentially armed and dangerous; search of bag was reasonable given holding that reasonable suspicion existed that appellant was armed and dangerous
1644072 Jerry Lemone Blow, Sr. v. Commonwealth of Virginia 08/19/2008
No error in trial court’s finding evidence sufficient to show appellant had specific intent to injure trooper - appellant’s conviction of unlawful wounding of police officer affirmed; no error in trial court’s application of doctrine of transferred intent where appellant completed his intended crime and injured an unintended victim - appellant’s conviction of malicious wounding affirmed
1547081 Darrell Andrew Copeland v. Commonwealth of Virginia 08/12/2008
Court concluded that unique circumstances made it prudent to acccept the Attorney General's concession without "further development of facts" under Code Section 19.2-327.12; writ of actual innocence granted and conviction vacated
1695071 Linwood Dwayne Bandy v. Commonwealth of Virginia 08/12/2008
Trial court did not err in denying appellant’s motion to suppress drugs discovered in his pocket during a pat down as officer’s seizure of appellant did not violate the Fourth Amendment and the frisk did not exceed its permissible scope
2768072 Bonny Foster v. Daniel Sean Foster 08/12/2008
No error in trial court’s finding that it was not an “inconvenient forum” under the Uniform Child Custody and Jurisdiction Enforcement Act to determine custody and visitation of parties’ children
0739071 Brian McKee v. Barbara McKee 08/05/2008
Upon Rehearing En Banc – those issues raised on rehearing en banc are affirmed, mandate reinstated insofar as it pertains to issue not raised before Court en banc
1484071 Justin Jesse Middlebrooks v. Commonwealth of Virginia 08/05/2008
Error in trial court’s finding that appellant’s encounter with police remained consensual after officer indicated he was calling in a drug dog and erred in finding that officers had a reasonable and articulable suspicion that appellant was engaged in criminal activity; appellant’s search and seizure were invalid under the Fourth Amendment
1581071 Jason William Anderson v. Commonwealth of Virginia 08/05/2008
Error in appellant’s convictions of robbery and use of a firearm in commission of robbery where evidence did not prove taking was accomplished by violence or intimidation directed at alleged victim; evidence was sufficient to support conviction of conspiracy
0668073 Robert Thurman Pilson v. Commonwealth of Virginia 07/29/2008
Trial court did not err in finding it lacked authority to place appellant on home electronic monitoring in lieu of one-year mandatory minimum period of incarceration; no error in trial court’s sentencing order which did not prohibit sheriff from considering home electronic monitoring but merely refused to authorize sheriff to do so
1405074 Donald Lee Caison, Jr. v. Commonwealth of Virginia 07/29/2008
Trial court did not abuse its discretion in admitting a 911 recording into evidence under the excited utterance exception to the hearsay rule; no error in jury's finding that the evidence was sufficient to convict appellant of voluntary manslaughter and insufficient to support appellant's contention of self-defense
1524071 Willie Robert Kilby, Jr. v. Commonwealth of Virginia 07/29/2008
Trial court did not err in admitting and considering out-of-court statements made by children victims to detective and investigator during their respective testimony and did not err in allowing investigator to testify as an expert; additional issue raised on appeal barred by Rule 5A:18
1755071 Stuart Bruce Dickens v. Commonwealth of Virginia 07/29/2008
Trial court did not err in accepting an affidavit prepared by the custodian of records for the Sex Offender & Crimes Against Minors Registry that appellant had failed to register as a sex offender and in finding that appellant’s Fourteenth Amendment right to confrontation was not violated in accepting the affidavit, which falls within the official records exception to the hearsay rule
2725074 Board of Supervisors of Culpeper et al. v. State Building Code Technical Review Board 07/29/2008
Trial court erred in upholding the Technical Review Board’s decision holding that the Board of Supervisors had no authority to establish qualifications for third-party inspectors under the Virginia Uniform Statewide Building Code
3028071 Herbert Clements & Sons Inc. et al. v. Randolph Allen Harris 07/29/2008
Commission did not err in finding that appellee’s shoulder condition and treatment were causally related to his accidental injury or in finding that appellee could not return to his pre-injury work and in reinstating temporary total disability benefits
0748063 Michael Ray Ferguson, Jr. v. Commonwealth of Virginia 07/22/2008
Upon Rehearing En Banc – trial court erred in refusing to suppress statements appellant made to officers; appellant’s convictions reversed and case remanded to trial court for new trial if Commonwealth be so advised
0773074 Solomon H. Taylor v. Commonwealth of Virginia 07/22/2008
No error in trial court’s finding that, given the procedures followed in this case, the identification procedure used by the police was not unduly suggestive; evidence was sufficient to support appellant’s convictions of three counts of robbery
0955071 Eddlon Don Knox, III v. Commonwealth of Virginia 07/22/2008
No error in trial court’s denial of appellant’s motion to suppress statements he made to officers where trial court determined that appellant waived his right to remain silent when he reinitiated the conversation with the officers and appellant’s incriminating statements flowed from that conversation
1330072 Royalle Deshavon Goode v. Commonwealth of Virginia 07/22/2008
Trial court did not err in finding that appellant was a principal in the second degree in the commission of the crimes of attempted robbery and aggravated malicious wounding
1529071 Theophylis Artis v. Krystal R. Jones 07/22/2008
As the trial court did not sufficiently communicate the basis of its child custody decision to the parties as mandated by Code § 20-124.3, the judgment is reversed and the case is remanded to the trial court for reconsideration of its custody award based on the existing record
1104071 Levi Junius Hill, Jr. v. Commonwealth of Virginia 07/15/2008
Trial court did not err in denying motion to suppress appellant’s statement to police where statement was voluntarily made and not coerced; evidence proves appellant was not induced to incriminate himself to exculpate his sister who had been validly arrested pursuant to probable cause
1904063 Jesse James Dunaway, s/k/a Jessie James Dunaway, Jr. v. Commonwealth of Virginia 07/15/2008
No error in appellant’s conviction and sentence of being a principal, or a principal administrator, organizer or leader of a continuing criminal enterprise engaged, during one-year period, in distribution of at least 5 kilograms of mixture of cocaine base
3009064 Joshua Tart v. Commonwealth of Virginia 07/15/2008
Trial court did not err in refusing to give jury appellant’s proposed instruction regarding the elements of the offense of pandering where exception language at issue is not an element of the offense but rather an affirmative defense and appellant’s evidence did not meet the threshold burden allowing him to invoke the exception
1122074 Sare Zektaw v. Commonwealth of Virginia 07/08/2008
No error in trial court’s refusal to suppress appellant’s statement to police as appellant did not clearly invoke his right to counsel; no error in trial court’s refusal to grant appellant’s proposed instruction containing a term that was redundant of language in another instruction given to jury
1261071 Danita Maletha Wright v. Commonwealth of Virginia 07/08/2008
Trial court did not err in refusing appellant’s motion to suppress crack-cocaine pipe seized at a checkpoint as appellant’s detention at checkpoint was based on probable cause due to vehicle’s defective brake light, seizure of appellant was brief, spanning only time required to write a summons, and narcotics detection dog’s sniff was not a search under the Fourth Amendment
2419071 Steven A. Benzine v. Kum Sun Benzine 07/08/2008
Trial court failed to identify the Code § 20-107.1(E) factors supporting the spousal support award and this Court is unable to determine whether it erred in awarding spousal support to appellee; award reversed and matter remanded to trial court for reconsideration
3092062 Kennard Fowlkes v. Commonwealth of Virginia 07/08/2008
No error in trial court’s refusal to grant mistrial as a result of prosecutor’s improper questions to a witness regarding a polygraph examination given the prompt curative instruction the trial court gave the jury and the other evidence of appellant’s guilt
0141073 Kathy Ann Mills v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of robbery where evidence proved there was resistance by the victim to retain possession of her purse after appellant snatched it from victim the loss of that possession followed the use of force to overcome that resistance
1410071 Gloria Jean Ellis v. Commonwealth of Virginia 07/01/2008
Trial court did not err in denying motion to suppress where appellant consented to a search while being detained by an officer having probable cause to issue a citation for a malfunctioning brake light and drug dog’s alerts and appellant’s subsequent consent took place before officer completed paperwork necessary for issuing summons
0996071 Ricky C. Williams v. Commonwealth of Virginia 06/24/2008
Trial court did not err in finding evidence was sufficient to prove appellant possessed cocaine with intent to distribute rather than for personal use and in finding evidence was sufficient to prove appellant possessed methadone with intent to distribute where only one of the ten identical tablets seized was analyzed
1799071 Catherine C. Burke v. Charles R. Burke 06/24/2008
Appeal dismissed as this court finds the no-appeal clause in the property settlement agreement signed by the parties is binding on the parties
1845074 William E. Jenkins v. Timothy Sterling Webb 06/24/2008
Commission did not abuse its discretion in applying its rules to exclude consideration of employer’s testimony, leaving only claimant’s explanation of how the injury occurred; claimant’s testimony, being the sole evidence remaining, supports the commission’s finding that he sustained his burden of proof
2780061 John Doe, D.D.S. v. Virginia Board of Dentistry 06/17/2008
Upon Rehearing En Banc – stay of this Court’s November 20, 2007 mandate is lifted and judgment of trial court is affirmed
0113071 Dean Robert Podracky v. Commonwealth of Virginia 06/10/2008
No error in appellant’s conviction of using a communications system to solicit a person, he knew or had reason to believe was a minor, for certain sexual offenses, in violation of Code § 18.2-374.3(B), where appellant has not shown that the code section prohibits free speech protected by the First Amendment
1099071 Russell Hopson v. Commonwealth of Virginia 06/10/2008
No error in trial court’s decision granting only two of the eight for-cause strikes requested by appellant where the six prospective jurors did not offer any opinion of a fixed character which repelled the presumption of innocence or revealed a predisposed belief that the accused was guilty
1737061 Claude M. Scialdone v. Commonwealth of Virginia 06/10/2008
Rehearing En Banc granted
1738061 Barry R. Taylor v. Commonwealth of Virginia 06/10/2008
Rehearing En Banc granted
1739061 Edward Jones, s/k/a Edward S. Jones v. Commonwealth of Virginia 06/10/2008
Rehearing En Banc granted
2013071 Frances R. Gooch v. Doris Harris, James Harris and Joseph Wayne Gray, Sr. 06/10/2008
No error in trial court’s order granting adoption of appellant’s child over her objection where Code § 63.2-1205 no longer requires any specific finding that the failure to grant the petition for adoption would be detrimental to the child
1494072 Christine M. Stadter v. Jennifer L. Siperko 06/03/2008
Trial court did not err in finding that while appellant was a person with a legitimate interest in child, she did not prove by clear and convincing evidence that child would suffer actual harm if visitation were not awarded
2343062 Gregory L. Gagelonia, a/k/a Jerome White v. Commonwealth of Virginia 06/03/2008
Trial court did not err in finding that the Commonwealth did not deprive appellant of due process by either withholding or failing to preserve exculpatory evidence
3159062 Kelly Dinelle Payne v. Commonwealth of Virginia 06/03/2008
Trial court did not err in finding appellant’s two convictions (felony homicide and aggravated involuntary manslaughter) and punishments for causing death of one victim resulted from violation of two separate and distinct statutory provisions, each of which authorized separate statutory punishment, do not violate Double Jeopardy Clause
0894072 Shakil Edwards v. Commonwealth of Virginia 05/27/2008
Trial court erred in finding purse appellant possessed at time she committed petit larceny constituted a tool, implement or outfit as defined by Code § 18.2-94; appellant’s conviction of possession of burglarious tools reversed and indictment dismissed
0395071 James Derrell Smith v. Commonwealth of Virginia 05/20/2008
Trial court did not err at the sentencing phase of appellant’s trial by relying on victim loss statements to determine a reasonable amount of restitution
0837071 Armand Monet Coleman v. Commonwealth of Virginia 05/20/2008
Trial court did not err in finding evidence was sufficient to convict appellant of felony eluding where appellant disregarded the officer’s command to stop and then drove in a manner that was an endangerment to himself and others
1315071 Ronald W. Boone v. Sarah Harrison and Virginia Marine Resources Commission 05/20/2008
Trial court exceeded its authority in vacating an after-the-fact pier permit granted to appellant by Virginia Marine Resources Commission where appellee never made a due process claim regarding consideration of her exhibits, where commission gave sufficient consideration to impact to surrounding properties and commission did not violate public trust doctrine
1316071 Virginia Marine Resources Commission v. Sarah Harrison 05/20/2008
Trial court exceeded its authority in vacating an after-the-fact pier permit granted by the commission where appellee never made a due process claim regarding consideration of her exhibits, where commission gave sufficient consideration to impact to surrounding properties and commission did not violate public trust doctrine
2024072 Shippers' Choice of Virginia, Inc. v. D.B. Smith, Commissioner, Virginia Department of Motor Vehicle 05/20/2008
Trial court erred in affirming hearing officer’s decision that appellant violated DMV regulations or relevant statutes when it allowed an employee paid as a mechanic and not as an instructor to teach one class as part of its training program for driving school instructors
2315074 Frederick County Business Park, LLC, et al. v. Virginia Department of Environmental Quality et al. 05/20/2008
No error in trial court’s finding that DEQ properly interpreted solid waste management regulations and determined appellant’s facility was a material recovery facility not a recycling center; no error in trial court’s finding that DEQ’s letter constituted a case decision
2975064 John William Ludwig v. Commonwealth of Virginia 05/13/2008
Trial court did not err in its response to a question from the jury regarding whether appellant could be convicted of using a firearm while committing or attempting to commit murder if appellant was found not guilty of first or second degree murder; trial court did not err in denying motion to set aside firearm verdict as inconsistent with the law and evidence
2986064 Stacey Lynn Wright v. Commonwealth of Virginia 05/12/2008
Order directing case to be heard en banc
0597074 Ronald Lee Jones v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of unreasonable refusal to provide a breath sample following an arrest for driving under the influence affirmed where trial court did not err in finding officer had probable cause to arrest appellant for driving under the influence based on totality of circumstances
2566062 Timmy Elijah Roach, s/k/a Timothy Elijah Roach v. Commonwealth of Virginia 05/06/2008
Trial court did not err in finding prosecution of appellant for felony obstruction of justice, based on a separate act from his conviction of misdemeanor obstruction in district court, did not violate Code § 19.2-294 or double jeopardy; trial court erred in finding evidence supported felony conviction – matter remanded for resentencing on misdemeanor obstruction
1170072 Anonymous B v. Anonymous C and Albemarle County Department of Social Services 04/29/2008
Trial court’s order vacated where despite parties’ stipulation to the nonspecific finding of abuse by juvenile court, trial court was required to hear evidence and make findings on the issue in order to allow the trial court to enter a protective order containing terms designed to meet the best interests of the child while taking into consideration the rights of the parents
1198072 Anonymous C v. Anonymous B and Albemarle County Department of Social Services 04/29/2008
Trial court’s order vacated where despite parties’ stipulation to the nonspecific finding of abuse by juvenile court, trial court was required to hear evidence and make findings on the issue in order to allow the trial court to enter a protective order containing terms designed to meet the best interests of the child while taking into consideration the rights of the parents
1737061 Claude M. Scialdone v. Commonwealth of Virginia 04/29/2008
Appellant’s conviction of contempt reversed where appellant was denied his right to due process as trial court did not punish appellant summarily at the time of the misbehavior but heard additional evidence
1738061 Barry R. Taylor v. Commonwealth of Virginia 04/29/2008
Appellant’s conviction of contempt reversed where trial court had no authority to punish appellant summarily; appellant was denied his right to due process
1739061 Edward Jones, s/k/a Edward S. Jones v. Commonwealth of Virginia 04/29/2008
Appellant’s conviction of contempt reversed where trial court had no authority to punish appellant summarily; appellant was denied his right to due process
1085072 The Laurels of Bon Air, et. al. v. Medical Facilities of America, etc. et. al. 04/22/2008
Trial court did not err in dismissing appellants’ VAPA appeal as 2005 Va. Acts ch. 99 precluded appellants from acquiring standing to seek judicial review of the agency’s actions; assuming appellants had standing to challenge constitutionality of the Act, they did not prove their assertion that the Act violated the prohibition against “special, private, or local law”
1323072 Brian Maurice Marvin v. Vickie Lynore Marvin 04/22/2008
Trial court did not err in finding appellant’s obligation to pay appellee’s attorney’s fees was in the “nature of support of the child” and was not discharged in bankruptcy proceedings
1508074 Hsiu, Tsau v. Commonwealth of Virginia 04/22/2008
Appellant’s conviction of violation of protective order is reversed where evidence did not prove that appellant had actual notice of the issuance and terms of the protective order against her
2986064 Stacey Lynn Wright v. Commonwealth of Virginia 04/22/2008
Trial court erred in overruling appellant’s timely objection that the unlawful nolle prosequi of the same offense in an earlier district court proceeding deprived her of her statutory right to a preliminary hearing; conviction is reversed and indictment is dismissed without prejudice
0655074 Alexander Rivas v. Commonwealth of Virginia 04/15/2008
Trial court did not err in finding it had authority pursuant to Code §§ 16.1-278-8 and 16.1-291 to commit appellant, a juvenile, to the Department of Juvenile Justice at his revocation proceeding where he was placed on probation at his original trial for an offense which would have been a felony if committed by an adult
0904073 NRV Real Estate, LLC v. Virginia Department of Health 04/15/2008
Trial court erred in finding that the Department of Health lacked statutory authority to accept appellant’s application for a COPN to transfer nursing home beds; as agency disregarded prior precedent with no explanation, matter remanded to trial court for remand to agency with instructions to accept the application and reconcile its conflicting precedent
1146074 Frederick C. Mwangi v. Commonwealth of Virginia 04/15/2008
Trial court did not err in admitting unsigned order of conviction from general district court to prove prior DUI conviction where sufficient circumstantial evidence proved appellant was convicted of offense
1204073 Virginia Polytechnic Institute and State University v. Maynard Quesenberry 04/15/2008
Trial court did not err in finding that the hearing officer’s decision which upheld Virginia Tech’s termination of appellee for sexual harassment was contradictory to law; appellant’s second argument regarding whether hearing officer erred in not admitting evidence of appellee’s prior misconduct is procedurally defaulted
1211073 Jimmy Roger Lane v. Commonwealth of Virginia 04/15/2008
Trial court did not err in denying motion to suppress narcotics recovered from execution of search warrant as officer’s actions fall under good faith exception and affidavit was sufficient to establish reliability of informant; trial court erred in denying appellant’s motion to consolidate multiple counts of possession of oxycodone as evidence was sufficient to support only one count
2883061 Simon Vaughn Murphy v. Commonwealth of Virginia 04/15/2008
No error in appellant’s conviction of possession with intent to distribute more than five pounds of marijuana where appellant implicitly waived any transactional immunity he may have had under Code § 18.2-262 by agreeing to voluntarily testify for the Commonwealth in anticipation of the Commonwealth honoring future commitments made in proposed plea agreement
0064072 Katina Latrice Morris v. Commonwealth of Virginia 04/08/2008
Trial court did not err in convicting appellant of possession of cocaine and heroin where intentional possession of controlled substance is an ongoing and continuous offense and self-induced intoxication or unconsciousness will not be considered a defense to possession of drugs; venue proper in county where appellant brought for emergency treatment while unconscious
0455073 Christopher Lee Giles v. Commonwealth of Virginia 04/08/2008
No error in appellant’s conviction of breaking and entering a dwelling house where evidence that owner slept in house about one weekend per month and maintained house for immediate occupancy proved habitation and thus sufficed to constitute a dwelling house
0539061 Kenneth Ferguson v. Commonwealth of Virginia 04/08/2008
Upon Rehearing En Banc – Appellant’s conviction of unlawful wounding affirmed but remanded to trial court for resentencing on a Class 6 conviction; conviction of felony child neglect is reversed and that indictment is dismissed
1944061 Lorenzo Bunch, Jr. v. Commonwealth of Virginia 04/08/2008
Trial court did not err in denying motion to suppress illegal drugs found on appellant during a search of his pocket after officer smelled odor of marijuana coming from the pocket
2287061 Vincent Price v. Commonwealth of Virginia 04/08/2008
Trial court did not err in revoking appellant’s suspended sentences where capias only noted one of the possible grounds for revocation and appellant received the written violation report prior to his revocation hearing; trial court did not err in imposing term of active incarceration
2569063 Jason Alan Huffman v. Commonwealth of Virginia 04/08/2008
No error in appellant’s conviction of brandishing a firearm where evidence was sufficient to prove victim was reasonably apprehensive of bodily harm induced by appellant’s brandishing firearm in her presence
2873063 William Jerry Wimbish v. Commonwealth of Virginia 04/08/2008
Conviction of driving under the influence affirmed where admission of certificate of analysis did not violate Confrontation Clause as breath test results and attestation clause of certificate are not “testimonial”; Code § 18.2-270 does not violate Due Process Clause as it does not contain an unconstitutional presumption
1117063 Robert Earle Rambo v. Commonwealth of Virginia 04/01/2008
Court finds issue of whether trial court erred by refusing to dismiss the indictment is barred by Rule 3A:9(b)(1) where motion was not made until day of trial and appellant never asked circuit court to consider good cause exception; issue of whether trial court erred in excluding evidence of victim’s bad character barred by Rule 5A:20(e)
3069062 Shannon T. Alexander v. David S. Flowers 03/25/2008
Trial court erred in denying appellant her right to a de novo hearing in the circuit court and using the award of attorney’s fees to appellee as a punitive measure for pursuing her right to seek a trial de novo
2194061 Phillip James Ostrander, s/k/a Philip James Ostrander v. Commonwealth of Virginia 03/18/2008
Trial court did not err in finding appellant’s conviction for attempted capital murder for hire not barred on double jeopardy grounds by appellant’s guilty plea to solicitation to commit murder charge; as two offenses are not the “same offense” for double jeopardy purposes, appellant not subjected to multiple punishments for the “same offense”
1034061 James Lee Reinke v. Commonwealth 03/11/2008
Trial court did not err in finding that it lacked authority to modify the original restitution requirement because it was a condition of the suspensions rather than a condition of probation; trial court erred in finding it lacked authority to entertain appellant’s motion to reduce or eliminate the restitution prospectively
3143061 Amen Hotep Johnson v. Commonwealth 03/11/2008
Trial court did not err in refusing to continue appellant’s case a sixth time and allow appellant to substitute new retained counsel
1347073 City of Waynesboro and Virginia Municipal Group Self-Insurance Association v. Dewayne W. Griffin 03/04/2008
No error in commission’s finding that appellee’s injuries were attributable to a risk of his employment and thus compensable even though appellee cannot remember how he was injured; award of benefits affirmed
1366064 Wilbert Abney, Jr. v. Commonwealth of Virginia 03/04/2008
Trial court did not err in admitting testimony of witness under the past recollection recorded hearsay exception; no Sixth Amendment right to confront witnesses violation
1810072 Turf Care, Inc. v. Monroe Henson, Jr., Windsor Farms, Inc., Continental Insurance Company, et. al. 03/04/2008
Commission did not err in finding claimant entitled to benefits as his injury arose out of his employment; commission erred in finding that Windsor Farms, Inc. was not claimant’s statutory employer and in finding that appellant failed to comply with its obligation to provide workers’ compensation coverage pursuant to Code § 65.2-800
1827072 Uninsured Employer's Fund v. Monroe Henson, Jr., Windsor Farms, Inc., Continental Insur Co., et. at. 03/04/2008
Commission did not err in finding claimant entitled to benefits as his injury arose out of his employment; commission erred in finding that Windsor Farms, Inc. was not claimant’s statutory employer
0542074 Russell Fisher v. Paul C. Salute Administrator of the Estate of Joseph John Salute, Deceased 02/26/2008
Trial court did not err in making the terms of a wrongful death settlement a part of an order it could later enforce through contempt proceedings; trial court did not err in finding appellant in contempt where he continued to use various things as a “dock” as prohibited by court order
2863063 Ronald E. Coleman v. Commonwealth of Virginia 02/26/2008
No error in trial court’s denial of appellant’s second motion to withdraw his guilty pleas where no evidence proved appellant did not enter pleas freely, no evidence proved appellant was incompetent to enter pleas, and appellant presented no evidence of a viable defense
1233072 Town of Waverly Law Enforcemnet and et. al. v. Tommy James Owens 02/19/2008
No error in commission’s application of the statutory presumption of Code § 65.2-402 in the absence of a pre-employment physical examination; award of benefits affirmed
0608071 Jerry D. Rogers v. Deborah N. Rogers 02/12/2008
Error in trial court’s award of spousal support when it concluded it could not compare earlier expense figures to newly provided business expense figures and in presuming appellant would receive a discharge of debt in bankruptcy proceedings
0748063 Michael Ray Ferguson, Jr. v. Commonwealth of Virginia 02/12/2008
rehearing en banc granted
0969072 Thomas Edwin Dunnavant, Jr. v. Newman Tire Company, Inc. and et al. 02/12/2008
No error in commission’s decision that appellant did not qualify as a statutory dependent of the decedent and rejecting his claim for death benefits
3153062 Michael J. Courture v. Commonwealth of Virginia 02/12/2008
Trial court did not err in answering jury’s question regarding self-defense by referring the jury to previously given instructions; evidence was sufficient to support conviction of voluntary manslaughter
0749064 Wayne Thompson v. Commonwealth of Virginia 02/05/2008
Trial court did not err in denying motion to dismiss knife found on appellant’s person during a frisk for weapons, in allowing the Commonwealth to permit amendment of indictment before trial, and in finding butterfly knife in his possession was a weapon of like kind to support conviction of possession of concealed weapon by a felon
1990052 Ernest Leon Selph, Jr. v. Commonwealth of Virginia 02/05/2008
In accord with unpublished order and mandate entered by Supreme Court of Virginia, the July 18, 2006 opinion is withdrawn, the mandate entered on that date is vacated, and final judgment is entered vacating appellant’s conviction
2136064 Muluken Wubneh v. Commonwealth of Virginia 02/05/2008
Trial court did not err in instructing the jury as to the definition of the term “firearm” as used in Code § 18.2-53.1
2490064 Cheryl Brown-Fitzgerald v. Commonwelath of Virginia 02/05/2008
No error in trial court’s refusal to dismiss charge of driving under the influence where breath test is not a statutorily mandated test under the implied consent law
0396072 Tom A. Broadhead, Jr. v. Anne E. Broadhead 01/29/2008
Trial court erred in finding appellant was voluntarily underemployed by comparing his current position and salary level to the one held at the time of the initial award; matter remanded to trial court to determine whether appellant is voluntarily underemployed in his current position
1226062 William C. Dowden, Jr. v. Hercules, Inc. and Aqualon Company 01/29/2008
Upon Rehearing En Banc – Decision of commission reversed and remanded by unanimous vote of Court; Court evenly split on reasons
0026072 Specialty Beverage Company, Inc. v. Virginia Alcoholic Beverage Control Board, et al. 01/22/2008
Trial court erred in upholding the ABC Board’s decision that Breckenridge’s letter was sufficient notice of intent to terminate to trigger the termination of the distributor agreement
3067064 Eckle Gladey Penley, Jr. v. Commonwealth 01/22/2008
Trial court erred in denying motion to strike the evidence pertaining to felony conviction of obtaining utility service by fraud where the evidence failed to establish that the value of the services obtained was $200 or more; remanded to trial court for new sentencing proceeding on lesser-included misdemeanor conviction
0332064 Francis Habo George v. Commonwealth of Virginia 01/15/2008
Trial court did not err in convicting appellant of four counts of embezzlement, instead of convictions under the state tax code, where evidence proved appellant failed to remit funds collected from his employees and used for his own benefit funds he held in trust for the Commonwealth
2895063 Joseph Mario Saponaro v. Commonwealth of Virginia 01/15/2008
Trial court erred in denying appellant’s motion to strike the evidence pertaining to appellant’s conviction of credit card fraud where evidence proved appellant misused a credit card lawfully in his possession with the cardholder’s consent
2694062 Corporate Resource Management, Inc. v. Lourenda A. Southers 01/08/2008
Upon Rehearing En Banc – No error in commission’s finding that statute of limitations did not prevent appellee from receiving benefits for injury to her neck where agreement to pay benefits form encompassed subsequently diagnosed neck injury
2780061 John Doe, D.D.S. v. Virginia Board of Dentistry 01/08/2008
Rehearing En Banc granted
3157061 Cedric Eugene Logan v. Commonwealth of Virginia 01/08/2008
Trial court did not err in refusing to suppress out-of-court or in-court identifications of appellant based on a single photograph shown to a witness during the investigation of an unrelated crime
0748063 Michael Ray Ferguson, Jr. v. Commonwealth of Virginia 12/27/2007
Trial court erred in denying motion to suppress appellant’s statements made to officers where appellant made clear and unequivocal request for counsel, officers did not cease their interrogation of appellant in honor of that request, and appellant remained in continuous custody of police officers
1376062 John Welford Carpenter, Jr. v. Commonwealth of Virginia 12/27/2007
Trial court did not err in allowing into evidence testimony of appellant’s spouse and a tape recording of a conversation between the two where both violated evidentiary privilege in force at time of recording but not the amended statute in force at time of appellant’s trial; evidence was sufficient to support appellant’s convictions of rape and forcible sodomy
1584063 E. Duane Howard v. City of Roanoke 12/27/2007
Evidence of appellant’s entire course of conduct, excluding the content of his verbal utterances, was sufficient to support appellant’s conviction of disorderly conduct during a city council meeting
1987063 Arnold Lynn De'Armond v. Commonwealth of Virginia 12/27/2007
No error in trial court’s refusal to merge appellant’s three charges of aggravated sexual battery into one count where appellant was convicted in a simultaneous prosecution and evidence was sufficient to support three separate acts of touching separate intimate parts
2071061 Valerie R. White v. Commonwealth of Virginia 12/27/2007
Trial court did not err in finding appellant violated the terms of her first offender status where evidence proved appellant violated good behavior condition by using cocaine after she completed her supervised probation and during time court had continued case to allow her time to pay court costs as case was still before the court
2091052 Matthew Tremaine Moore v. Commonwealth of Virginia 12/27/2007
Upon Rehearing En Banc – Judgment of trial court affirmed under Rule 5A:12(c) where appellant argued in his petition whether officer had probable cause for the warrantless stop of his vehicle rather than the proper lesser standard of reasonable and articulable suspicion; no appeal was sought or granted on the correct legal standard
2286062 Antonio Lee Winston v. Commonwealth of Virginia 12/27/2007
Trial court did not err in denying motion to suppress evidence discovered during a visual body cavity search of appellant while he was being processed for detention into a jail facility following his arrest on an unrelated warrant
2592064 Curtis Wayne Bowling, a/k/a Mark A. Wood v. Commonwealth of Virginia 12/27/2007
Release to Internet: Date Withdrawn: January February March No error in appellant's conviction of failure to appear where trial court found that Code § 19.2-128 applies to a person who has pleaded guilty to a felony offense and then fails to appear for sentencing as that person remains 'charged' with an offense after conviction and prior to sentencing
2660062 Charles Timothy Sadler v. Commonwealth of Virginia 12/27/2007
Evidence was sufficient to support appellant’s conviction of taking indecent liberties with a minor while in a custodial or supervisory relationship where it proved appellant sexually abused the victim while he maintained a custodial or supervisory relationship with her as her athletic coach and was in a position of authority and trust
0564061 Alonzo Gibson, Jr. v. Commonwealth of Virginia 12/18/2007
Trial court did not err in finding police did not violate his constitutional rights and denying motion to suppress where evidence of drugs was discovered by use of a flashlight at night to illuminate contraband in his pocket which would have been in plain view during daylight hours
2031063 Mark Douglas Roadcap v. Commonwealth of Virginia 12/18/2007
Trial court did not err in excluding evidence of prior accusations of sexual abuse or in allowing child victim and child witness to testify via two-way closed-circuit television where they were not able to see appellant personally; appellant’s confrontation clause rights not violated
0190072 Food Lion, LLC and Delhaize America, Inc. v. Charles H. Dalton 12/11/2007
Commission erred in concluding employer’s application alleging unjustified refusal of selective employment and supporting documentation failed to provide probable cause to justify referring application to the commission’s hearing docket
0751072 Nancy J. Miller v. Potomac Hospital Foundation and Reciprocal of America/Virginia Property & et al. 12/11/2007
Commission erred in using doctrine of imposition to review a decision of deputy commissioner not appealed, erred in finding that deputy commissioner lacked jurisdiction to order payment to medical provider when payment had been made by third-party insurer, and in finding that penalties could not be assessed against the Fund
0829063 Earl Kruger Kirby, III v. Commonwealth of Virginia 12/11/2007
No reversible error in trial court’s refusal to replay videotape of appellant’s confession during jury deliberations given Commonwealth’s stipulation of its narrative content, the jury’s previous viewing of videotape in open court, jury’s in-court review of agreed transcript of videotape, and nearly identical evidence presented from investigator
1442063 Brian Alden Kennemore v. Commonwealth of Virginia 12/11/2007
Trial court did not err in its instruction to jury about the necessary causal relationship between the arson and the victim’s death in response to question from jury during deliberations
3133052 Rodney William Lightfoot v. Commonwealth of Virgini 12/11/2007
Upon Rehearing En Banc – No error in trial court’s ruling that appellant failed to establish a prima facie case of purposeful discrimination in response to Commonwealth’s use of peremptory strikes to remove two African-American women from venire
3150062 Ivan Rodriquez, s/k/a Ivan Jesus Rodriques v. Commonwealth of Virginia 12/04/2007
Evidence was sufficient to support convictions of two counts of forging a public document and two counts of uttering forged document where appellant provided false information to police knowing information was used to prepare summonses and then signed summonses illegibly in his own name knowing they contained false information
0057063 Joshua Paul Coyle v. Commonwealth of Virginia 11/27/2007
Evidence was sufficient to support appellant’s conviction of involuntary manslaughter where it proved appellant acted in a criminally negligent manner when he provided dextromethorphan capsules he packaged to victim, victim ingested the capsules, and victim died of an overdose of dextromethorphan
0832063 Christopher Robin Patrick v. Commonwealth of Virginia 11/27/2007
Trial court did not err in instructing jury, in light of all the instructions given, that it could infer appellant was the thief unless appellant could offer a reasonable account of possession of stolen goods consistent with innocence that the Commonwealth failed to prove untrue; all instructions considered together showed instruction not a comment on failure to testify
1272061 Mark B. Asble v. Commonwealth of Virginia 11/27/2007
Trial court erred in denying motion to suppress where a spoon and syringe found in appellant’s car where officer lacked reasonable articulable suspicion of criminal activity justifying search; convictions of possession of heroin and cocaine reversed and remanded
1098061 Sandra Lanette Pierce v. Commonwealth of Virginia 11/20/2007
Trial court erred in admitting testimony of appellant’s prior conviction of perjury but as this was a bench trial and no evidence in the record indicated that the trial court relied on the improperly admitted evidence in deciding the case, the error was harmless
2780061 John Doe, D.D.S. v. Virginia Board of Dentistry 11/20/2007
Trial court did not err in affirming Board’s finding that the evidence was sufficient to prove appellant was in violation of 18 VAC 60-20-15(3); remainder of appellant’s questions are either procedurally defaulted or moot
0537072 Chauncey F. Hutter, Inc., d/b/a PRO-TAX v. Virginia Employment Commission 11/06/2007
Trial court did not err in affirming decision of Commission awarding benefits to employee who, while entering employment contract for a specific term, did not leave work “voluntarily,” as that word is used in Code § 60.2-618(1), when that term ended
1146063 Lewayne Shawna Johnson, s/k/a Lewayne Shaunta Johnson v. Commonwealth of Virginia 11/06/2007
Trial court did not err in its pretrial decision to disqualify attorney from representing appellant where attorney also represented witness in case in an unrelated matter even though both parties had signed waivers as trial court had judicial duty to ensure trial conducted within ethical standards and appeared fair to all who observe it
0972061 George Edward Raab v. Commonwealth of Virginia 10/30/2007
Upon Rehearing En Banc – Trial court did not err in refusing to suppress evidence obtained by arresting officer where officer had a legal basis to detain appellant as he suspected appellant was trespassing; conviction of driving under the influence, third or subsequent offense affirmed
0468063 James Gregory Logan v. Commonwealth of Virginia 10/23/2007
Trial court did not err in admitting evidence of appellant’s possession of cocaine in this revocation proceeding as the exclusionary rule does not apply to revocation hearings; trial court did not err in revoking probation finding a violation of good behavior provision where record shows appellant had notice of what probation violations were lodged against him
1960061 Bobby DeShawn Byrd v. Commonwealth of Virginia 10/23/2007
Trial court erred in failing to suppress heroin found in appellant’s pocket where informant’s tip did not provide officers with probable cause as it did not provide personal or inside knowledge of appellant’s activities
2023061 Marcellus Cardell Gray v. Commonwealth of Virginia 10/23/2007
Trial court did not err in denying motion to suppress as conduct at issue in appellant’s conviction of felony eluding occurred subsequent to any attempted unlawful detention; evidence proved appellant’s driving endangered pedestrians and other drivers
2311061 Sarah Harrison v. Ocean View Fishing Pier, LLC, and Virginia Alcoholic Beverage Control Board 10/23/2007
Trial court erred in finding that the Board’s decision issuing ABC licenses with restrictions was arbitrary and capricious; matter remanded to trial court for remand to the Board to make findings and conclusions of law to support its decision regarding the licenses
2536053 Jamil Ali Rashad v. Commonwealth of Virginia 10/23/2007
No error in trial court’s refusal to suppress statements made by appellant where appellant initiated further conversation with the police and voluntarily waived his right to counsel; trial court did not err in convicting appellant of use of a firearm in commission of statutory burglary as Code § 18.2-53.1 refers to generic term burglary
1273064 Loudon Hospital Center v. Robert B. Stroude, M.D., et al. 10/09/2007
Trial court did not err in finding collateral estoppel did not apply in this case, that the remand was sufficient to cleanse the decision-making process of any alleged taint, that the evidence supports the Commissioner’s decision, that the Commissioner’s decision was not arbitrary and capricious, and in denying the motion to augment the record
1546062 Judith Ann Depsky v. Commonwealth of Virginia 10/09/2007
Trial court did not err in denying motion to dismiss on double jeopardy grounds where 60-day administrative suspension of privilege to drive on highways of Virginia was not a criminal sanction
2281064 Robert B. Brothers, III v. Commonwealth of Virginia 10/09/2007
Trial court did not err in instructing the jury that the consent to submit to a breath test is not a qualified or conditional consent and that a person’s unwillingness to take the test without access to counsel is not a reasonable basis to refuse the test
1801064 James Edward Jones v. Commonwealth of Virginia 10/02/2007
Trial court erred in refusing to play for the jury a videotape of appellant’s statement to the police as evidence of the circumstances surrounding the taking of the statement
1129061 Robert B. Wainwright v. Newport News Shipbuilding and Dry Dock Company 09/25/2007
Commission erred in finding appellant abandoned his claim for temporary disability benefits and that the two-year statute of limitations barred his claim
0587064 Marquise Leon Nelson v. Commonwealth 09/18/2007
Evidence was sufficient to support conviction of failure to appear as jury could infer appellant’s failure to appear was willful where appellant provided false identification when arrested, violated conditions of bond by traveling to another state, getting arrested in that state, and failed to notify Virginia authorities of his incarceration
1055064 Thales Morgan, Jr. v. Commonwealth 09/18/2007
Trial court did not err in finding that Commonwealth exercised reasonable diligence to procure attendance at trial of a deported witness thus supporting determination that witness was unavailable and permitting admission of earlier transcribed testimony
1977064 Bowman Apple Products Company, Inc. v. Commonwealth of Virginia, State Water Control Board, et al. 09/18/2007
No error in trial court’s finding that Special Requirement in discharge permit authorizing photography by DEQ was authorized by statute and not arbitrary and capricious
2400064 Virginia Imports, Ltd. v. Kirin Brewery of America, LLC and Virgina Alcoholic Beverage Control Board 09/18/2007
Trial court did not err in finding that previous decision in this case precluded further litigation over Kirin’s alleged bad faith and precluded appellant from renewing its request for award of attorney fees
2464064 Kirin Brewery of America, LLC v. Virginia Imports, Ltd., et al. 09/18/2007
Trial court did not err in affirming ABC Board’s finding that appellant did not have good cause to terminate the distributor agreement
2694062 Corporate Resource Management, Inc. v. Lourenda A. Southers 09/18/2007
Rehearing En Banc granted
0539061 Kenneth Ferguson v. Commonwealth 09/11/2007
Trial court erred in convicting and sentencing appellant for malicious wounding as the indictment charged only unlawful wounding; one count of felony child neglect reversed and dismissed where evidence did not prove criminal negligence with regard to one of three siblings; one count of malicious wounding and two counts of felony child neglect affirmed
0736064 Roderick D. Jordan v. Commonwealth 09/04/2007
Trial court did not err in instructing jury on charge of attempted capital murder where finding instruction did not contain words “specific intent to kill” where jury was instructed to determine whether act at issue was “willful, deliberate and premeditated”
0870062 Kenney Quinard Williams v. Commonwealth 09/04/2007
Court finds that a plastic bag in not an implement as contemplated under Code Section 18.2-94; appellant’s conviction of possession of burglarious tools reversed and dismissed
1957064 John Robert Lay v. Commonwealth 09/04/2007
No error in appellant’s conviction of statutory burglary where jury was not precluded from finding a constructive breaking under instruction given where instruction did not in any way qualify the concept of force
1246064 James Leonard Gibson v. Commonwealth 08/28/2007
No error in appellant’s convictions of failure to pay tax where evidence showed that despite fact that appellant truthfully accounted for his company’s tax obligations, he failed to pay his company’s tax obligations
2653064 Robert Nicholas Dodd v. Commonwealth 08/28/2007
No error in trial court’s refusal to suppress evidence collected after appellant’s arrest where trial court found officers had probable cause to arrest appellant
1684064 Yuri Isidoro Sasson Moscona v. Dana Shenhar 08/21/2007
Court finds that appellant cannot seek relief from same judicial system whose authority he evades; appeal dismissed
2152061 Virginia Natural Gas, Inc. and AGL Resources v. Clinton Tennessee 08/21/2007
No error in commission’s refusal to allow employer credit in its determination of permanent partial disability benefits for employee’s pre-existing condition where no evidence presented showed employee suffered functional loss of use of his leg prior to work-related injury
2303064 Bradley Aaron David Nordstrom v. Susan Marie Nordstrom, n/k/a Susan Marie Scott 08/21/2007
Trial court lacked jurisdiction under Virginia’s version of the Uniform Interstate Family Support Act to modify existing child support order when neither of the parties nor the child continued to reside in Virginia; order vacated and appellee’s motion to modify is dismissed
2331061 Clinton Tennessee v. Virginia Natural Gas, Inc. and AGL Resources 08/21/2007
No error in commission’s refusal to award appellant temporary partial disability benefits where appellant failed to prove he adequately marketed his residual work capacity
3211064 Yuri Isidoro Sasson Moscona v. Dana Shenhar 08/21/2007
Court finds that appellant cannot seek relief from same judicial system whose authority he evades; appeal dismissed
2792053 Lynchburg Division of Social Services v. James Cook, Sandra Cook and Jimmy Cook 08/14/2007
Upon rehearing en banc, trial court’s order granting custody of a child to her grandparents is affirmed
2828062 Aaron A. Hoffman, t/a Hoffman Construction Company v. James Milton Carter, Jr. 08/14/2007
Commission did not err in finding that appellant is subject to the Workers’ Compensation Act and that appellee sustained an injury by accident; commission erred in finding that appellee suffered a continuing disability; award affirmed in part, reversed in part and case remanded
2839062 Uninsured Employer’s Fund v. James Milton Carter, Jr. 08/14/2007
Commission did not err in finding that employer is subject to the Workers’ Compensation Act and that appellee sustained an injury by accident; commission erred in finding that appellee suffered a continuing disability; award affirmed in part, reversed in part and case remanded
2661063 Lucian Dabney Robinson v. Susan Beller Robinson 08/07/2007
As the issue of spousal support was contested, the trial court erred in failing to provide written findings under Code Section 20-107.1; issue of spousal support is reversed and remanded to trial court
1356062 John Boatwright, IV v. Commonwealth of Virginia 07/31/2007
As university police officer was within a statutorily prescribed distance from the jurisdictional limits of his service area, trial court properly denied motion to suppress and conviction of driving under the influence is affirmed
1635054 Elsie Lorraine Lilly v. Commonwealth of Virginia 07/31/2007
Partial repeal of the habitual offender statute in 1999 did not render enforcement of the unrepealed portion unconstitutional; trial court did not err in precluding appellant from informing jury, prior to sentencing, about mandatory minimum punishment
2575064 Allen Lewis v. Culpeper County Department of Social Services 07/31/2007
Trial court lacked jurisdiction over the petition to terminate appellant's parental rights after appellee's nonsuit; order is vacated and petition is dismissed
1424062 Rasheik K. Battle v. Commonwealth 07/24/2007
Appellant’s conviction for disorderly conduct is reversed and the warrant is dismissed as the other-crimes proviso of Code Section 18.2-415 applies to appellant’s conduct at issue
1433052 Anselmo M. Rozario v. Commonwealth 07/24/2007
Upon rehearing en banc, the trial court did not err in considering the results of the Alcosensor test; appellant’s sufficiency argument is moot; appellant’s conviction for contempt of court is affirmed
0606061 Wallace D. Waddler v. Commonwealth 07/10/2007
No error in trial court’s procedure for replacing the excused jury pool member; appellant’s convictions are affirmed
1527051 William Allen Morgan v. Commonwealth 07/10/2007
Trial court did not abuse its discretion by precluding appellant from presenting evidence to the jury in support of a “settled insanity” defense; trial court did not err in refusing appellant’s proffered instructions as to the allocation of the burden of proof with respect to his alternate insanity defense; appellant’s convictions are affirmed
1226062 William C. Dowden, Jr. v. Hercules, Inc. and Aqualon Company 07/03/2007
Rehearing En Banc granted
1744054 Derrick A. Pharr v. Commonwealth 06/26/2007
Trial court did not err in denying appellant’s motion to suppress the Commonwealth’s evidence relating to a buccal swab he voluntarily provided in an unrelated criminal investigation as appellant’s reasonable expectation of privacy in that DNA sample ended when he voluntarily provided it for DNA analysis, without limiting its subsequent use for the same purpose in other investigations
2510061 Christopher Scott Swalef v. Andrea Anderson 06/26/2007
Circuit court did not abuse its discretion when it declined to exercise jurisdiction over the custody petition filed by father or when it deferred to the authority of the White Earth Court; judgment affirmed
0229062 Linda Fay Groves, s/k/a Linda Faye Groves v. Commonwealth 06/19/2007
Trial judge did not err in rejecting appellant’s claim-of-right defense; appellant’s conviction for larceny by false pretenses is affirmed
0686063 Jeffrey Hairston v. Commonwealth 06/19/2007
Trial court did not err when it quashed appellant’s subpoena duces tecum seeking the victim’s counseling records; appellant’s convictions are affirmed
0708061 Monica D. Burrell v. Commonwealth 06/19/2007
Appellant’s convictions for making a false application for welfare and welfare fraud are affirmed as the evidence was sufficient to show that appellant used a false address, with the intent to defraud, when applying for and receiving public assistance
0947062 William A. Pryor, Jr. v. Commonwealth 06/19/2007
No error in trial court’s admission of the videotape or in the rationality of the jury’s verdict of guilt; appellant’s conviction for distribution of cocaine is affirmed
0645061 William Douglas Meierotto v. Commonwealth 06/12/2007
Appellant’s conviction for driving without a Virginia operator’s license is reversed and the charge is dismissed as a holder of a valid, out-of-state commercial driver’s license, who resides in the Commonwealth but maintains a domicile in the state that issued his CDL, is entitled to drive non-commercial vehicles in the Commonwealth without obtaining a Virginia operator’s license
0774061 John Wilson Roulhac, Jr. v. Commonwealth 06/12/2007
Trial court erred in denying appellant’s motion to suppress as the police did not have reasonable suspicion to detain or pat him down; judgment reversed and case remanded
2694062 Corporate Resource Management, Inc. v. Lourenda Southers 06/12/2007
As appellee never filed a timely claim specifying an injury to her neck, the commission had no jurisdiction to make an award for a neck injury; commission’s award is reversed
0972061 George Edward Raab v. Commonwealth 06/05/2007
Rehearing En Banc granted
1056061 Travelers Property Casualty Company of America v. Leslie C. Ely, Graycon, Inc., et al. 06/05/2007
Upon rehearing en banc, the commission’s decision is affirmed without opinion by an evenly divided Court
1057061 Travelers Property Casualty Company of America v. Mathew L. Bailey, et al. 06/05/2007
Upon rehearing en banc, the commission’s decision is affirmed without opinion by an evenly divided Court
1170063 Christopher Shawn Robertson v. Commonwealth of Virginia and City of Danville 06/05/2007
Trial court erred by denying appellant’s motion to suppress as no exigent circumstances existed to justify a warrantless entry; judgment of the trial court is reversed and the case is remanded
1445064 Commonwealth of Virginia, Department of Education v. Fairfax County School Board, et al. 06/05/2007
As this Court finds that we have no jurisdiction to consider an interlocutory appeal under Code Section 8.01-670.1, this appeal is dismissed and the matter is remanded to the trial court
1836062 Louis Latour, Inc. v. Virginia Alcoholic Beverage Control Board and The Country Vintner, Inc. 05/29/2007
Trial court did not err in applying the appropriate standard of review, in finding that appellant unilaterally amended the parties’ agreement without good cause, in finding that appellant discriminated against appellee, in finding that appellant acted in bad faith, in fashioning an appropriate remedy under Code Section 4.1-409, and in awarding attorney’s fees; judgment affirmed
1120062 Bobby Jasper, s/k/a Bobby Jaspar v. Commonwealth 05/22/2007
This Court holds the admission of appellant’s DMV transcript did not violate the Confrontation Clause; appellant’s conviction of reckless driving while his license was revoked after having twice been convicted of driving under the influence is affirmed
1697061 Erwin Alexander Edwards v. Commonwealth 05/22/2007
This Court finds the trial court applied an incorrect legal standard, and failed to make factual determinations required by the correct standard, in deciding whether appellant should be allowed to proceed pro se; appellant’s convictions are vacated and the case is remanded to the trial court
1368062 Corey King, s/k/a Corey D. King v. Commonwealth 05/15/2007
Trial court erred in denying motion to suppress evidence discovered during a warrantless strip and body cavity search conducted following appellant's arrest
2036044 Yancy Blue v. Commonwealth 05/15/2007
Trial court erred in denying appellant's request for court-appointed counsel; convictions reversed
0432062 Thomas Lee Teasley Slaughter v. Commonwealth 05/08/2007
This Court finds that the prior bad act evidence was admissible for the purposes noted by the trial court; evidence was sufficient to prove appellant committed burglary with the intent to commit larceny; appellant’s conviction is affirmed
1184062 Metl-Span 1, Ltd. and American Home Assurance Company v. James L. Carter 05/08/2007
As the record supports a finding that claimant was prejudiced by employer’s delay in filing the accident report with the commission, commission’s decision holding claimant’s claim for benefits was not barred by the applicable two-year statute of limitations is affirmed
1226062 William C. Dowden, Jr. v. Hercules, Inc. and Aqualon Company 05/08/2007
Commission’s decision terminating claimant’s temporary partial disability benefits is reversed as claimant timely partially cured his unjustified refusal of selective employment; commission’s decision is reversed and the case is remanded
1974064 The Washington Post v. Thomas L. Fox, Jr. 05/08/2007
Commission’s decision ordering employer to pay compensation owed to claimant, pursuant to the commission’s outstanding award, and assessing a twenty percent penalty on unpaid compensation pursuant to Code Section 65.2-524 is affirmed
0972061 George Edward Raab v. Commonwealth 05/01/2007
Trial court did not err in denying appellant’s motion to suppress; appellant’s conviction for driving under the influence, third or subsequent offense, is affirmed
2224062 TBC Corporation and Ace American Insurance v. Gregory Stephens 05/01/2007
Commission’s award of medical benefits to claimant is reversed as the record fails to support the commission’s finding that the claimant proved his injury resulted from an actual risk arising out of his employment
0069063 Victor Garnette Cunningham v. Commonwealth 04/24/2007
Trial judge erred in denying the motion to suppress the evidence found in appellant’s house pursuant to the search warrant as the search warrant was not supported by probable cause; appellant’s conviction for possession of marijuana with the intent to distribute is reversed and the case is remanded to the trial court
0903064 Edward Yap v. Commonwealth 04/24/2007
This Court finds that the trial court did not err in not remanding this case to the district court for resolution and that the trial court did not interpret Code Sections 18.2-266 and 18.2-269 as rebuttable presumptions; appellant’s conviction is affirmed
2233053 John Eugene Sowers, Jr. v. Commonwealth 04/24/2007
Trial court did not err in denying the pre-trial motion to suppress evidence pursuant to a search warrant and in applying the good faith exception of United States v. Leon; appellant’s conviction of possession of cocaine with the intent to distribute is affirmed
2402052 Kerri C. Charity v. Commonwealth 04/24/2007
As sufficient evidence exists to find appellant guilty of the charge of conspiracy to commit escape from prison, appellant’s conviction of conspiracy is affirmed
0735061 Calvin Jojuan Bell v. Commonwealth 04/17/2007
Trial court did not err in permitting a forensic scientist to refer to the certificate of analysis during his testimony to refresh his recollection, in admitting the certificate of analysis into evidence, or in allowing the forensic scientist to testify as an expert regarding his analysis; judgment of the trial court affirmed
0173062 Victoria Ipsen v. Nathan Roger Moxley 04/10/2007
Trial court erred in finding that a juvenile and domestic relations district court order awarding child and spousal support was nullified by a subsequent pendente lite support order entered in husband’s suit for divorce, which he later voluntarily nonsuited, as the district court’s support order automatically resumed upon entry of the nonsuit order; judgment reversed and case remanded
0473061 Shay Demond Gilliam v. Commonwealth 04/10/2007
Appellant’s conviction of possessing a concealed weapon after having been convicted of a felony is affirmed as the evidence was sufficient to support the trial court’s conclusion that the knife has similar characteristics to those proscribed by Code Section 18.2-308(A); judgment affirmed
0680061 Demario Harper, a/k/a Norris Harper v. Commonwealth 04/10/2007
Appellant’s convictions of possession of cocaine with intent to distribute and possession of heroin with intent to distribute are affirmed as the evidence suffices to demonstrate appellant possessed the drugs with the intent to distribute
0983062 Harry D. Campbell v. Betty J. Campbell 04/10/2007
Trial court abused its discretion by preventing husband from cross-examining wife’s witnesses due to the time limits it imposed; judgment is reversed and the case is remanded to the trial court
3027042 Howard Z. Garnett, Jr. v. Commonwealth 04/10/2007
Upon rehearing en banc, trial court did not err in denying appellant’s motion for a new trial on the grounds that the Commonwealth failed to disclose exculpatory evidence; appellant’s convictions are affirmed
2091052 Matthew Tremaine Moore v. Commonwealth 04/03/2007
Rehearing En Banc granted
2781041 Eddie Cross v. Commonwealth 04/03/2007
Appellant’s conviction for possession of cocaine is reversed pursuant to recent Supreme Court case of Moore v. Commonwealth; as appellant did not enter a constitutionally valid guilty plea under Code Section 19.2-254 to the misdemeanor obstruction of justice charge, that judgment is reversed and appellant allowed to withdraw guilty plea
0668064 Frederick C. Klein v. Karen N.E. Klein 03/27/2007
Appeal dismissed for failure to comply with the provisions of Rule 5A:20; case remanded to trial court to determine and enter an appropriate award of appellate attorneys’ fees and costs in favor of wife
1878062 Servando de la Rosa Herrera by Francisca Varela v. E. Dale Martin, et al. 03/27/2007
As appellant did not complete all the steps necessary to enter into a valid employment contract, this Court holds that an employment contract, as contemplated by Code Section 65.2-508(A) did not exist; commission did not err in finding it lacked jurisdiction to adjudicate appellant’s claim for benefits
0843051 Christopher Allen Williams v. Commonwealth 03/20/2007
Upon rehearing en banc, trial court did not err in denying appellant’s motion to suppress the firearm seized by police as the officers did not violate the Fourth Amendment by conducting a protective sweep of the apartment; appellant’s conviction is affirmed
2390042 Keith Isiah Glenn v. Commonwealth 03/20/2007
Upon rehearing en banc, trial court did not err in denying appellant’s motion to suppress insofar as it pertained to the search of a closed container; appellant’s convictions for robbery and conspiracy to commit robbery are affirmed
0369064 Jeffrey Eugene Neel v. Commonwealth 03/13/2007
Appellant’s conviction of leaving the scene of an accident involving personal injury is reversed and the indictment is dismissed as the evidence failed to prove appellant knew or should have known personal injury had resulted from the collision at the time he fled the scene
1056061 Travelers Property Casualty Company of America v. Leslie C. Ely, Graycon, Inc., et al. 03/13/2007
Rehearing En Banc granted
1057061 Travelers Property Casualty Company of America v. Matthew L. Bailey, et al. 03/13/2007
Rehearing En Banc granted
1179052 Sheila Michelle Stokes v. Commonwealth 03/13/2007
This Court holds no variance exists between the language of the indictment and the evidence introduced at trial as to the victim; trial court did not err in admitting affidavits of forgery under the business records exception to the hearsay rule; evidence was sufficient to convict appellant of grand larceny
3164052 Kenneth Wayne Turner v. Commonwealth 03/06/2007
Circuit court erred in amending the warrant to charge driving under the influence, second or subsequent offense after appellant had been acquitted of that charge in a court of competent jurisdiction; judgment is reversed, appellant’s conviction for DUI second offense is set aside, and the case is remanded for resentencing on the conviction of driving under the influence, first offense
2385054 Luther Lee Wise v. Commonwealth 02/27/2007
This Court holds that Code Section 18.2-460(C) does not reach a substantial amount of constitutionally protected speech and is not facially violative of the First Amendment; appellant’s conviction of obstructing justice in violation of Code Section 18.2-460(C) is affirmed
3158054 Joseph Anthony Stroud v. Debra Lyn Stroud 02/27/2007
Trial court did not err in permitting the introduction of evidence concerning the negotiations before execution of the PSA, but erred in finding that appellant had not established appellee’s cohabitation by a preponderance of the evidence and that, under PSA, individuals of the same sex cannot cohabitate in a situation analogous to marriage in VA; judgment reversed and remanded to trial court
0010063 Gary Walter Wright v. Commonwealth 02/20/2007
Appellant’s conviction for petit larceny third or subsequent offense is affirmed as the evidence is sufficient to support that conviction; appellant’s conviction for common law burglary is reversed as the evidence was insufficient to support that conviction and the case is remanded to the trial court for a new sentencing proceeding on the lesser-included offense of statutory burglary
0952062 Nurses 4 You, Inc. and American Zurich Insurance Company v. Karen T. Ferris 02/20/2007
Commission did not err in awarding claimant medical benefits for the injury she sustained when she fell on a wheelchair ramp as claimant satisfied her burden of proving that her injury arose out of her employment; commission’s decision is affirmed
1567061 B. P. Solar and Ace American Insurance Company v. Carolyn E. Jones 02/20/2007
Commission did not err in finding that employer was not entitled to receive a credit for claimant’s short and long-term disability payments from an independent source
0132061 Baraka Bolden, s/k/a Baraka S. Bolden v. Commonwealth 02/13/2007
This Court finds no error in the trial court’s decision to continue the trial date or in the sufficiency of the evidence supporting appellant’s firearm convictions; judgment is affirmed
2091052 Matthew Tremaine Moore v. Commonwealth 02/13/2007
Trial court erred in denying appellant’s motion to suppress evidence obtained during an investigatory stop of appellant’s vehicle, based solely on an observation by the arresting officer that an otherwise valid inspection sticker was partially “peeling” away from the vehicle’s windshield; judgment is reversed and the case is remanded to the trial court
1056061 Travelers Property Casualty Company of America v. Leslie C. Ely, Graycon, Inc., et al. 02/06/2007
This Court holds the commission properly found that appellant was required to file a Form 45H of non-renewal with the commission, that the failure to do so kept the existing insurance policy in effect, and that appellant is responsible for the payment of benefits associated with claimant’s compensable injury; award is affirmed
1057061 Travelers Property Casualty Company of America v. Matthew L. Bailey, et al. 02/06/2007
This Court holds the commission properly found that appellant was required to file a Form 45H of non-renewal with the commission, that the failure to do so kept the existing insurance policy in effect, and that appellant is responsible for the payment of benefits associated with claimant’s compensable injury; award is affirmed
1382051 Mark Dywayne Bishop v. Commonwealth 01/23/2007
Trial court did not err in finding the evidence sufficient to convict appellant of driving after having been declared an habitual offender; trial court did not err in rejecting appellant’s challenge to the constitutionality of the obstruction of justice statute; appellant’s convictions are affirmed
2739051 Harlan Anthony Phelps v. Commonwealth 01/23/2007
Appellant’s conviction of felony eluding police in violation of Code Section 46.2-817(B) is affirmed as the statute’s contemplation of “endangering a person” includes appellant himself
2158053 Shirley Ann Flowers v. Commonwealth 01/16/2007
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of reckless endangerment as appellant’s willful act of failing to secure prompt medical attention for juveniles in her charge satisfies the requirement of a “willful act” in “reckless disregard for human life,” as required by Code Section 18.2-371.1(B)(1); appellant’s conviction is affirmed
0226062 Benjamin H. Rice, Sr. and Kathleen W. Rice v. Benjamin H. Rice, Jr. and V. Cameille Cromer 12/28/2006
Trial court did not err in its interpretation of Code Section 20-124.3:1 and its subsequent ruling on the motion in limine; trial court’s denial of appellants’ petition for visitation is affirmed
0498062 Vicky Scott McGinniss v. John L. McGinniss 12/28/2006
Judgment declining to award appellant the survivor annuity benefit to appellee’s pension and in refusing to re-refer that issue to the commissioner in chancery are affirmed; judgment limiting appellant’s marital share of appellee’s pension benefits to a fixed amount as if appellee had retired on the date of separation is reversed, and this matter is remanded to the trial court
1224053 Gary Dale London v. Commonwealth 12/28/2006
Trial court abused its discretion by not permitting the substitution of retained counsel and in not granting a reasonable continuance for him to prepare for trial; appellant’s convictions are reversed and the case is remanded to the trial court
2258051 Jacques Paul Villafana v. Commonwealth 12/28/2006
Trial court did not err in refusing appellant’s proposed jury instruction addressing the voluntariness of his pretrial confession
2835051 Darrio L. Cost v. Commonwealth 12/28/2006
Trial court did not err in denying appellant’s motion to suppress as the officer had probable cause to seize the capsules after a pat down; trial court did not err in finding the evidence sufficient to convict appellant of possession of heroin with the intent to distribute
0172062 Tammy Leigh O’Rourke and Brian O’Rourke v. Victor John Vuturo, Jr. 12/19/2006
Trial court possessed subject matter jurisdiction to adjudicate this case; trial court did not err by granting appellee visitation with appellants’ child; no error in trial court’s ordering the evaluation under the authority of Code Section 20-124.2(D)
0995051 Armel Shuron McDuffie v. Commonwealth 12/19/2006
As appellant failed to prove the vehicle was “not his own,” appellant’s convictions of two counts of felony destruction of property and unauthorized use of a motor vehicle are affirmed
2195051 Kellup Lamonte Brooks v. Commonwealth 12/19/2006
Trial court did not err by admitting the certificates of analysis without having the forensic analyst present to testify as appellant waived his rights to confrontation by failing to properly avail himself of the protections of Code Section 19.2-187.1; appellant’s convictions affirmed
1966051 Earl Eugene Askew v. Commonwealth 12/12/2006
Trial court erred in finding that it was divested of jurisdiction to consider the motion for bail pending appeal; judgment reversed and case remanded to the trial court
0250053 Carmas (Carmus) Jonah McLaughlin v. Commonwealth 12/05/2006
Upon rehearing en banc, the judgment of the trial court is reversed, and the indictment is dismissed
0406054 Robert William Eberth v. County of Prince William 12/05/2006
Appellant’s conviction for violating Prince William County Code Section 13-322(a)(1) is reversed and the underlying citation is dismissed as the County lacks the authority to apply County Code Section 13-322 to a vehicle parked in the private parking lot of an apartment complex
0951052 Andrew Robert Alston v. Commonwealth 12/05/2006
Trial court’s imposition of a three-year term of post-release supervision pursuant to Code Section 19.2-295.2 is affirmed
0412051 Kyna Chanelle McGowan, s/k/a Kyna Chanele McGowan v. Commonwealth 11/28/2006
Upon rehearing en banc, judgment of the trial court is affirmed for the reasons set forth in the majority panel opinion
2654044 Janet Miller-Jenkins v. Lisa Miller-Jenkins 11/28/2006
Trial court erred in failing to recognize that the Parental Kidnapping Prevention Act prevented its exercise of jurisdiction and required it to give full faith and credit to the custody and visitation orders of the Vermont court; the orders of the trial court are vacated and this matter is remanded to the trial court
3028052 Stephen L. Bryant v. Kerren B. McDougal 11/21/2006
Trial court erred in determining that the parties’ oral agreement constituted a valid property settlement agreement under Code Section 20-155; judgment of the trial court is reversed and the case is remanded
2023051 Christopher Roosevelt Scott v. Commonwealth 11/14/2006
This Court holds that because the indictment was not amended and appellant made a timely objection to the lack of evidence to prove the offense occurred in the nighttime, appellant’s conviction for statutory burglary is reversed and the indictment is dismissed
2060051 Immanuel Cyprus Perry v. Commonwealth 11/14/2006
Trial court did not err in denying appellant’s motion to suppress; this Court does not address whether officers violated the knock-and-announce rule as a remedy for such a violation is not the suppression of evidence
0139061 Ronald McCallum v. Gilberto Salazar, Jr., and Kathleen Joanne Salazar 11/07/2006
Trial court erred in dismissing appellant’s amended petition to vacate an adoption order on the ground that Code Section 63.2-1216 barred claims filed more than six months after discovery of the alleged fraud; judgment reversed and case remanded to the trial court
1466054 Helen Elaine Mason v. Commonwealth 11/07/2006
Trial court did not err in finding that each photograph of the child could support a separate conviction of the pornography offense and in denying appellant’s proposed jury instruction; evidence was sufficient to support appellant’s convictions of taking indecent liberties with a child; appellant’s convictions are affirmed
2183053 Nicholas E. Wright, s/k/a Nicholas Everette Wright v. Commonwealth 11/07/2006
Trial court did not err by imposing a three-year period of post-release supervision; trial court correctly applied Code Sections 18.2-10 and 19.2-295.2; judgment of the trial court affirmed
2390042 Keith Isiah Glenn v. Commonwealth 10/24/2006
Rehearing En Banc granted
2426054 Patricia M. Jones v. Steven M. Jones 10/24/2006
Appeal dismissed; as this appeal has not been properly perfected, this Court is without jurisdiction to decide the merits of the issues presented
3010051 Glenn R. Cartwright v. Kimberly R. Cartwright 10/24/2006
Trial court did not err in holding that Code Sections 16.1-277.02(C) and 16.1-278.3(D) do not permit a non-custodial parent to petition for voluntary relinquishment and termination of parental rights, and in awarding appellee attorney’s fees; trial court’s dismissal of appellant’s petitions to voluntarily relinquish his parental rights is affirmed
0754051 Albert Lee Tynes v. Commonwealth 10/17/2006
This Court finds appellant’s proffers of the rejected testimony inadequate to demonstrate error; appellant’s convictions for robbery, abduction, and felonious use of a firearm are affirmed
1614054 Dorothy Jane Bean-Brewer v. Commonwealth 10/17/2006
Appellant’s conviction for child neglect in violation of Code Section 18.2-371.1(B) is affirmed as the evidence was sufficient to prove appellant committed a “willful act or omission” amounting to criminal negligence
1928043 Tina Gilman, s/k/a Tina M. Gilman v. Commonwealth 10/10/2006
Upon rehearing en banc, the judgment of the trial court is affirmed without opinion by an evenly divided Court
1038053 Germaine Delano Adams v. Commonwealth 09/19/2006
Trial court did not err in admitting the items seized from appellant’s residence under the good faith exception to the exclusionary rule; trial court’s admission of evidence from a gun manufacturer’s catalog was harmless error
0807054 Angel M. Anderson v. Commonwealth 09/12/2006
Trial court did not err in convicting appellant of 1991 charges of rape, robbery, and forcible sodomy as appellant’s DNA matched DNA from the state’s DNA databank; appellant’s convictions affirmed
1010052 David Jason O’Connell v. Commonwealth 09/12/2006
Trial court did not err in finding the evidence was sufficient to sustain appellant’s convictions of involuntary manslaughter and leaving the scene of an accident; appellant’s convictions affirmed
1054054 Jeremy Jaynes v. Commonwealth 09/05/2006
This Court holds that the trial court had jurisdiction over this case and that Code Section 18.2-152.3:1 does not violate the First Amendment, does not violate the Dormant Commerce Clause, and is not unconstitutionally vague; appellant’s convictions are affirmed
1711052 Williams Patrick Pierce, II, s/k/a Patrick William Pierce, II v. Commonwealth 08/29/2006
Trial court did not err in finding that appellant violated the terms and conditions of his probation and revoking his previously suspended sentences; trial court erred in ordering appellant’s sentences to run consecutively rather than concurrently and in failing to credit appellant with six months incarceration previously served; judgment affirmed in part, reversed in part, and case remanded
0204052 Juan Angel Jiron-Garcia, s/k/a Julio Cesar Fuentes-Pacheco, a/k/a, etc. v. Commonwealth 08/22/2006
Trial court erred in denying appellant’s motion to dismiss the indictments for failure to try him within the statutorily mandated time period; judgment reversed and indictments dismissed
1131052 Clifford Robinson, s/k/a Clifford Robinson, Jr. v. Commonwealth 08/22/2006
Trial court did not err in finding the evidence sufficient to support appellant’s convictions of misdemeanor reckless driving and felony leaving the scene of an accident; appellant’s convictions affirmed
1743052 Kendell Leon Coward v. Commonwealth 08/22/2006
Trial court erred in convicting appellant of possession of cocaine as the evidence adduced at trial was insufficient to prove that appellant knowingly and intentionally possessed cocaine; judgment reversed and indictment dismissed
2484054 Jordyn Spicer, etc., et al. v. Virginia Birth-Related Neurological Injury Compensation Program 08/22/2006
This Court holds that the commission has the discretionary authority to award the disputed attorney fees, as well as the mandatory authority to award postjudgment interest; commission’s ruling is reversed and the case is remanded
0412051 Kyna Chanelle McGowan, s/k/a Kyna Chanele McGowan v. Commonwealth 08/15/2006
Rehearing En Banc granted
1467054 Robert Daniel Thomas v. Commonwealth 08/15/2006
Appellant’s conviction of felony failure to appear reversed as the evidence failed to show that the general district court informed appellant of the preliminary hearing date of his underlying charge
2042054 Virginia Department of State Police v. Douglas Dwayne Elliott, Cross Country Construction, et al. 08/15/2006
Appeal dismissed as the Virginia Department of State Police rendered moot its argument on appeal that disclosing the contents of an “ongoing” investigatory file violates Code Section 52-8.3
2390042 Keith Isiah Glenn v. Commonwealth 08/15/2006
As trial court erred in denying appellant’s motion to suppress insofar as it pertained to the search of a closed container, matter remanded to trial court to allow appellant opportunity to withdraw his conditional guilty plea
3176054 Sally Fincham Butler v. Culpeper County Department of Social Services 08/15/2006
Trial court did not err in denying appellant’s motion for a continuance and in finding that there was clear and convincing evidence to support the termination of appellant’s parental rights; trial court properly relied upon valid entrustment agreements for purposes of terminating appellant’s parental rights to each child
0838054 Tyrone Tremaine Smith v. Commonwealth 08/08/2006
Trial court did not err in allowing jury to view crime scene, denying motion for mistrial and in refusing to vacate jury's sentencing verdicts after appellant attempted suicide
1310051 Michael T. Clifford v. Commonwealth 08/08/2006
No reversible error in trial court's refusal to allow appellant to question one of complainants about prior accusations of sexual abuse made against third party as court allowed appellant to cross-examine complainant's mother; evidence supported convictions of four counts of aggravated sexual battery
0253064 James Brandt and Gloria Brandt v. Maha Lakshmi Motors, Inc. t/a Celebration Chevrolet, et al. 08/01/2006
Trial court’s decision upholding a ruling of the Virginia Motor Vehicle Dealer Board that limited appellants’ recovery from the Virginia Motor Vehicle Transaction Recovery Fund is affirmed
0500051 Marcus Washington, s/k/a Marcus A. Washington v. Commonwealth 08/01/2006
Trial court did not abuse its discretion in allowing the rape victim to testify during the Commonwealth’s case-in-chief of the sentencing phase of appellant’s trail; appellant’s conviction for rape is affirmed
0542053 Kenneth Ray Palmer v. Commonwealth 08/01/2006
Trial court erred in finding that appellant’s North Carolina probation officer was not a person charged by the Commonwealth with the responsibility for defining his permissible conduct with respect to Virginia Code Section 18.2-308.2; judgment reversed and case remanded
2333051 Debra Diane Scranton Robbins v. Joseph Allen Robbins 08/01/2006
Error in trial court’s equitable distribution award and spousal support award; judgment is affirmed in part, reversed in part, and remanded to the trial court
2659054 Keith A. Stiles v. Pamela L. Stiles 08/01/2006
Trial court did not err in finding that neither res judicata nor laches barred its child support ruling; trial court’s modification of the child support award and its finding that the father was in arrears are affirmed
3188052 Anne G. Shropshire v. Virginia Retirement System 07/25/2006
Trial court did not err in upholding the decision of the Virginia Retirement System denying appellant survivor and/or other retirement benefits upon the death of her husband as appellant is barred by Code Section 51.1-124.4(A) from subjecting the assets of VRS to legal attack
0067051 Otis Scott, III v. Commonwealth 07/18/2006
Trial court did not abuse its discretion in concluding that the crimes, by virtue of their striking factual similarities, satisfied the requirements of Rule 3A:6(b), in determining that justice permitted the offenses to be tried simultaneously, and by granting the Commonwealth’s motion for joinder; appellant’s convictions affirmed
1328054 Kevin David Fields v. Commonwealth 07/18/2006
Appellant’s abduction conviction is affirmed as the evidence was sufficient to prove as a matter of law that appellant’s abduction-detention of the victim was separate and distinct from the restraint inherent in the commission of the crimes of rape and forcible sodomy
1990052 Ernest Leon Selph, Jr. v. Commonwealth 07/18/2006
Trial court did not err in convicting appellant for obstruction of justice as the evidence was sufficient to prove appellant attempted to intimidate a witness who was lawfully engaged in the discharge of his duty at the time
0190051 James Paul Venable, Jr. v. Commonwealth 07/11/2006
This Court holds that the trial court did not contravene the Self-Incrimination Clause of the Fifth Amendment when it found that appellant violated a condition of his probation; trial court did it violate the Fifth Amendment by ordering appellant to enroll in an alternative sex-offender treatment program
0250053 Carmas (Carmus) Jonah McLaughlin v. Commonwealth 07/11/2006
Rehearing En Banc granted
0145052 Tyrone Alonzo Bullock v. Commonwealth 07/05/2006
Trial court did not err in refusing to consider the possibility of allowing appellant to serve any part of his sentences in a juvenile facility and in concluding it lacked the discretion to suspend any portion of the mandatory minimum sentences on the firearm convictions or to set those sentences to run concurrently
0309053 Ira Dale Bennett v. Commonwealth 06/27/2006
This Court holds that the act of signing a false name on an electronic screen constitutes an uttering as the act of signing the screen causes the forged public document to be created; appellant’s conviction of uttering a forged public record is affirmed
0412051 Kyna Chanelle McGowan, s/k/a Kyna Chanele McGowan v. Commonwealth 06/20/2006
Trial court did not err in admitting evidence of appellant’s subsequent possession of cocaine; trial court did not abuse its discretion in concluding that the legitimate probative value of the other crimes evidence outweighed any potential for unfair prejudice; judgment of trial court affirmed
1180052 William Scott McDonald, a/k/a William Scott MacDonald v. Commonwealth 06/13/2006
This Court finds that Code Section 18.2-361(A) is constitutional as applied to appellant because his violations involved minors and merit no protection under the Due Process Clause of the Fourteenth Amendment; appellant’s convictions of four counts of sodomy are affirmed
0172053 Matthew Edward Billips v. Commonwealth 06/06/2006
Trial judge did not err at sentencing in refusing to recuse himself, admitting the sentencing guidelines portion of the presentence report into evidence, and admitting the risk assessment portion of the presentence report without making a threshold finding that a plethysmograph examination is a reliable scientific method of determining a convicted sex offender’s risk to reoffend
0572053 Michael Lee Fitzgerald v. Commonwealth 06/06/2006
Trial court did not abuse its discretion in allowing a licensed professional counselor to testify to her opinion that the victim suffered from post-traumatic stress disorder as the counselor was permitted by state law and qualified by training and experience to testify about post-traumatic stress disorder; appellant’s convictions are affirmed
2218042 Tony Donnell Grandison v. Commonwealth 06/06/2006
No error in trial court’s denial of appellant’s motion to suppress as the cocaine was legally obtained by the police under the plain view doctrine; appellant’s conviction of possession of cocaine affirmed
2629043 Ernest Dewitt Ford, Jr. v. Commonwealth 05/30/2006
Trial court did not abuse its discretion in restricting argument regarding punishment during the guilt phase of the trial; sufficient evidence supports appellant’s convictions of animal cruelty and possession of a firearm after having been convicted of a felony
0250053 Carmas (Carmus) Jonah McLaughlin v. Commonwealth 05/23/2006
Trial judge erred in denying appellant’s motion to suppress the evidence as the police did not have probable cause to search the vehicle; judgment is reversed and the indictment is dismissed
1714051 Martin Garcia Najera v. Chesapeake Division of Social Services 05/23/2006
Appeal dismissed as the entry of a final, unappealed order terminating appellant’s residual parental rights has rendered moot the question whether DSS's foster care plan should have recommended termination
1299053 Marvin James Saunders v. Commonwealth 05/16/2006
Trial court did not err in convicting appellant for driving after having been declared a habitual offender; this Court holds a moped is self-propelled machinery within the meaning of Code Section 46.2-357 and no applicable statute required appellant to be instructed he could not operate a moped or other self-propelled machinery before he could be convicted for violating Code Section 46.2-357
1306051 Kevin Eugene Twine v. Commonwealth 05/16/2006
Trial court did not err in applying the price tag exception to the hearsay rule and allowing the Commonwealth to introduce the cash register receipt into evidence to establish the value of the stolen merchandise; evidence was sufficient to sustain appellant’s conviction for grand larceny
1797054 Jennifer R. Smith v. McMillan Personnel Service, Inc., Granite State Insurance Company, et al. 05/16/2006
Commission erred in finding that appellant was a special employee of Pittman’s Tree & Landscaping, Inc.; this Court holds that McMillan Personnel Service, Inc. retained its status as appellant’s sole employer and is liable for compensation benefits; the decision denying an award against McMillan for appellant’s injuries by accident is reversed; case remanded for entry of the appropriate award
1928043 Tina Gilman, s/k/a Tina M. Gilman v. Commonwealth 05/16/2006
Rehearing En Banc granted
2110054 Frederick Eugene Recker, Jr. v. Peggy H. Recker 05/09/2006
This Court holds the trial court correctly interpreted the final decree that divided appellant’s civil service pension; judgment of the trial court is affirmed
1037052 Dennis Wayne Rowley v. Commonwealth 05/02/2006
Trial court did not err in denying appellant’s motion to dismiss the breath test refusal charge as Code Section 18.2-268.3 does not compel testimonial evidence in breach of the Fifth Amendment or authorize an unlawful search or seizure in violation of the Fourth Amendment
1544051 Benita Frances Black v. William V. Powers, Jr. 04/25/2006
Trial court’s conclusion that Virginia law governs the validity of the prenuptial agreement is harmless error; trial court did not err in concluding that the prenuptial agreement is valid and enforceable under the law of the Virgin Islands
1639052 AM Liner East, Inc. and NorGuard Insurance Company v. David T. Osburn 04/25/2006
Where appellee filed a motion to vacate the opinion rendered in this case on March 21, 2006, asserting that the parties had previously settled the matter, the opinion released on that date is vacated and the appeal is reinstated on the docket of this Court
1782052 Philip Surles v. Kristan Mayer 04/25/2006
Trial court did not err in denying appellant’s petition for custody of his daughter or in permitting appellee to relocate to Florida with daughter; trial court did not abuse its discretion in permitting appellee to introduce evidence of appellant’s relationships with other women
2064052 Philip Surles v. Kristan Mayer and Marty Cullen, Jr. 04/25/2006
Trial court’s holding that appellant lacked standing to pursue visitation with his biological daughter’s half-sibling is harmless error as appellant failed to present any evidence indicating that the absence of visitation would result in actual harm to the child; trial court’s denial of appellant’s petition for visitation is affirmed
2350041 Lawrence McDowell v. Commonwealth 04/18/2006
Trial court did not err in admitting the Box-List Sheets Report to establish the value of the stolen merchandise under the business records exception to the hearsay rule; evidence was sufficient to convict appellant of grand larceny and larceny with the intent to sell or distribute stolen property
0288052 Keith Alan Rosa v. Commonwealth 04/11/2006
Trial court did not err in denying appellant’s motion to suppress pictures found on his computer during a search of the computer as the officer acted reasonably in opening the picture files and the deleted files were in plain view
0784053 Gary Anthony Pryor v. Commonwealth 04/04/2006
Trial court did not err in refusing to set aside the abduction conviction and in admitting into evidence the preliminary hearing testimony of appellant’s wife; appellant’s convictions of first-degree murder and abduction are affirmed
1175052 Chesapeake Bay Foundation, Inc. v. Commonwealth of Virginia, ex rel., et al. 04/04/2006
This Court holds the trial court’s conclusion that Virginia law does not permit representational standing was erroneous and the facts alleged in appellant’s petition for appeal were sufficient to survive the appellees’ demurrers; trial court’s dismissal of appellant’s petition for appeal with prejudice is reversed and the case is remanded to the trial court
1333044 Alan Luginbyhl, s/k/a Alan Kurt Luginbyhl v. Commonwealth 04/04/2006
Upon rehearing en banc – trial court’s admission of the breath test analysis and its accompanying certificate was harmless error; appellant’s conviction of driving while intoxicated is affirmed
1928043 Tina Gilman, s/k/a Tina M. Gilman v. Commonwealth 04/04/2006
Circuit court did not err in admitting into evidence a Certificate of Conviction prepared by the juvenile and domestic relations judge as the admission of the certificate pursuant to Code Section 18.2-459 did not implicate appellant’s Confrontation Clause rights
2546051 Stephen A. Palmer v. Commonwealth of Virginia Marine Resources Commission 04/04/2006
Trial court did not err in holding that the Virginia Marine Resources Commission had sufficient evidence to deny appellant’s application for a permit to construct a storage shed on his pier
1690052 Daniel S. Roman v. Ondeo Degremont, Inc. and American and Foreign Insurance Company 03/28/2006
Commission erred in denying claimant’s request for imposition of a penalty; this Court holds that where the commission orders an attorney’s fee to be paid out of a claimant’s accrued compensation, the fee remains compensation within the meaning of the penalty statute; commission’s decision is reversed and the matter is remanded
2335042 Bo Jason Tooke v. Commonwealth 03/28/2006
As appellant was convicted twice for conduct that was but one criminal act, one of appellant’s convictions of felony hit and run is reversed and the matter is remanded to the trial court to dismiss that indictment; as the evidence was sufficient to prove appellant had actual knowledge of the accident, appellant’s other conviction of felony hit and run is affirmed
2801042 Charles Deandre Deville v. Commonwealth 03/28/2006
No error in trial judge’s denial of appellant’s Brady motion as appellant cannot show a reasonable probability that the outcome of his trial would have been different had the evidence been disclosed earlier; appellant’s conviction of conspiring to commit grand larceny by false pretenses is affirmed
0441052 Michael D. Ward v. Commonwealth 03/21/2006
No error in trial court’s denial of appellant’s motion to suppress as the anticipatory warrant was valid; evidence was sufficient to support appellant’s convictions for possession of cocaine with intent to distribute and possession of marijuana with intent to distribute
1639052 AM Liner East, Inc. and Norguard Insurance Company v. David T. Osburn 03/21/2006
Commission erred in finding that the employer’s application and supporting documentation was insufficient to provide probable cause to warrant the relief sought; commission’s decision reversed and case remanded for referral of the employer’s application to the hearing docket
0591042 George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth 03/14/2006
Upon rehearing en banc - trial court erred in ruling that a sitting circuit court judge was competent to testify at the contempt hearing; all other issues raised on appeal affirmed
2303042 George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth 03/14/2006
Upon rehearing en banc - trial court erred in ruling that a sitting circuit court judge was competent to testify at the contempt hearing; all other issues raised on appeal affirmed
2158042 David Kanoelani Ashford v. Commonwealth 02/28/2006
Trial court did not err in allowing the charge of attempt to go to the jury and in upholding the verdict as appellant’s actions were sufficient to support a conviction of attempted capital murder for hire, and in allowing the charges of attempted murder and solicitation to commit murder to be presented to the same jury as the solicitation and attempt are both parts of a common scheme or plan
2853041 Richard Bryant Hill v. Commonwealth 02/21/2006
This appeal is dismissed; as appellant did not enter a conditional guilty plea pursuant to Code Section 19.2-254, and because appellant entered a voluntary and intelligent guilty plea, this Court finds that appellant waived his right to appeal the trial court’s ruling on the motion to suppress
0162051 Mansur Rahnema v. Shahla Rahnema 02/14/2006
No reversible error found in the trial court’s enforcement of a marital agreement between the parties as appellant’s evidence failed to prove bigamy
0628051 Christopher Paul Schneider v. Commonwealth 02/07/2006
Trial court did not abuse its discretion in finding a witness’s testimony to be unavailable and in admitting into evidence a transcript of the witness’s preliminary hearing testimony at trial
1763043 Gregory Leon Young v. Commonwealth 02/07/2006
This Court finds that the admission of prior acts into evidence during the guilt phase of appellant’s trial was not harmless error with respect to the sentence imposed; appellant’s conviction for armed robbery is affirmed but the sentence imposed upon appellant on that conviction is reversed; matter remanded to trial court for re-sentencing
1220052 Richmond Department of Social Services v. Ashley Crawley 01/31/2006
Trial judge did not err in denying the petitions to terminate appellee’s residual parental rights as the department of social services did not prove with clear and convincing evidence that terminating appellee’s parental rights would serve the children’s best interests
1477041 Joshua Bristol v. Commonwealth 01/31/2006
Upon rehearing en banc - trial court did not err in admitting the certificate of analysis into evidence as appellant was validly arrested within the meaning of Code Section 18.2-268.2 prior to the taking of the blood sample referenced in the certificate of analysis; appellant’s convictions affirmed
2474032 Elisa Kenty Robinson v. Commonwealth 01/31/2006
Upon rehearing en banc – trial court did not err in denying appellant’s motion to suppress as the officer had not exceeded the scope of appellant’s implied consent when he viewed the illegal activity, the Fourth Amendment had not been implicated
2539032 George Fisher Robinson v. Commonwealth 01/31/2006
Upon rehearing en banc – trial court did not err in denying appellant’s motion to suppress as the officer had both probable cause and exigent circumstances sufficient to justify his warrantless entry into appellant’s backyard
0454052 In Re: Dwayne Lamont Johnson 01/24/2006
Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ
0913054 John Keeling v. Elizabeth Minter Keeling 01/24/2006
This Court holds that the trial court’s method of classifying the increase in value of the property was not error
1292054 United Airlines, Inc. v. Michael A. Sabol 01/24/2006
Commission did not err in finding that claimant proved a compensable permanent partial disability to his left lower extremity and proved his nine percent permanent partial disability resulted solely from the work-related accident
1357053 Ty L. Stillwell v. Lewis Tree Service, Inc. and American Zurich Insurance Company 01/24/2006
No error in commission’s finding that appellant’s shoulder injury did not arise out of his employment as appellant failed to prove that he was not responsible for the fight with a co-worker
2755043 In Re: Aleck J. Carpitcher 01/24/2006
Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ
0628042 XL Specialty Insurance Company v. Commonwealth of Virginia, Department of Transportation 01/17/2006
Trial court did not err by dismissing appellant’s claims based on sovereign immunity, as appellant was not a party to the contract on which it brings this claim and there is no explicit waiver of sovereign immunity for equitable claims of subrogation; trial court abused its discretion in failing to allow appellant leave to amend its motions for judgment
1133044 Mary S. Vanderwoude Hill and James J. Hill v. Commonwealth 01/17/2006
Appellants’ convictions for refusing to submit to a warrantless inspection of their goat cheese manufacturing facilities affirmed as the location of appellants’ manufacturing facility within the curtilage of their home did not create a Fourth Amendment protection against the administrative warrantless search and the search was conducted in accordance with the statute to enforce the food laws
2008044 Robert P. Michels v. Commonwealth 01/17/2006
Trial court did not err by allowing into evidence certificates certifying that two entities were not limited liability companies licensed in Delaware; as the certificates were not testimonial hearsay, the admission of the certificates did not violate appellant’s Sixth Amendment rights
0154053 James Warren Colbert v. Commonwealth 01/10/2006
Trial court did not err in requiring appellant to register as a sex offender pursuant to Code Section 9.1-902(A)(2) as a condition of his suspended sentences
0630044 Jaime Salvador Molina, s/k/a Jamie Salvador Molina v. Commonwealth 01/10/2006
Trial court’s presumed error in combining two theories of conviction into one instruction was harmless; trial court did not err in limiting the testimony of an expert to those areas about which he was proficient and competent and in finding that sufficient evidence supports the jury’s verdicts
1053054 William E. Jenkins v. Timothy Sterling Webb 01/10/2006
Commission did not err in dismissing claimant’s claim without rather than with prejudice
2924044 Steven Michael Wyatt v. Commonwealth 01/10/2006
Trial court did not err in convicting appellant of aggravated involuntary manslaughter under Code Section 18.2-36.1(B) as the evidence was sufficient to support a finding that appellant was criminally negligent
0428053 Tony Melvin Witcher v. Commonwealth 12/28/2005
Commonwealth’s motion to dismiss this appeal is granted where trial court accepted appellant’s conditional guilty plea under Code § 19.2-254 without the consent of the Commonwealth
0496053 Judith Anne Irwin v. Carl Francis Irwin, Jr. 12/28/2005
Trial court erred in ordering that while appellant’s property interest vested and pension payments were due to her as of date of final decree, appellee was not liable for the difference between pendente lite spousal support paid and an amount equal to amount of one-half of pension amount for specified months
1107053 Brenda M. Tuck v. Goodyear Tire & Rubber Co., et al. 12/28/2005
No error in commission’s findings that appellant’s representation that the Memorandum of Agreement resolved all issues from her April 2001 claims and that her 2003 claims were barred by the statute of limitations
1982044 Salvadore M. Corado, s/k/a, etc. v. Commonwealth 12/28/2005
No reversible error in trial court’s decision to admit transcripts of grand jury testimony provided by codefendants or in admitting expert testimony of detectives on gang activity; trial court did not err in instructing jury on the charge of lynching or in admitting evidence of prior convictions of two codefendants to prove appellant was a member of a criminal street gang
2669044 Health Systems Agency of Northern Virginia v. Robert B. Stroube, M.D. M.P.H., et al 12/28/2005
Trial court did not err in finding that appellant was not “aggrieved” and did not have standing to appeal the Commissioner’s decision rejecting its recommendation to deny a certificate of public need application
0005053 Katrina Painter v. Commonwealth 12/20/2005
Circuit Court did not err in denying appellant’s claims of double jeopardy, collateral estoppel, and res judicata as misdemeanor conviction vacated when appeal noted did nolle prosequi of that charge permitted trial court to try her on new felony charge
0634053 Virginia Department of Corrections v. Jeffrey Compton 12/20/2005
Circuit court erred in determining that the Notice of Termination failed to give adequate notice that appellee’s termination was based upon conduct unbecoming as well as the fact of his criminal conviction and in holding that the hearing officer exceeded the scope of his statutory authority; judgment reversed and appellant’s termination reinstated
2122044 Robert Daniel Gilbert v. Commonwealth 12/20/2005
Trial court did not err in finding the evidence sufficient to convict appellant of taking indecent liberties with a child over whom he maintained a custodial or supervisory relationship as appellant’s employer-employee relationship over the victim constituted a sufficient predicate for conviction under Code Section 18.2-370.1
2209041 Holly Jo South v. Commonwealth 12/20/2005
Trial court erred as a matter of law in convicting appellant under Code Section 18.2-57(C) of felony assault and battery of the federal police officers as the statute does not apply to the federal officers she assaulted; convictions reversed and matter remanded for retrial on the misdemeanor offenses
2474043 Herbert Dale Dotson v. Commonwealth 12/20/2005
Trial court did not err in denying appellant’s motion to suppress as the seizure of the safe during execution of the search warrant was reasonable and within the scope of the warrant
0852043 James Gregory Logan v. Commonwealth 12/13/2005
Upon rehearing en banc – trial court erred by not suppressing evidence obtained during a warrantless entry into appellant’s rooming house as the police officer violated the Fourth Amendment by making a warrantless entry into appellant’s rooming house; appellant’s conviction is reversed and the indictment for possession of cocaine is dismissed
0943053 Virginia Polytechnic Institute & State University/Commonwealth of Virginia v. Julio Emilio Posada 12/13/2005
Commission did not err in finding that the employer unreasonably defended its failure to pay medical benefits pursuant to an existing award, that the parties’ 2003 agreement to increase claimant’s wife’s wage rate was a valid modification of the commission’s 1997 order and that claimant’s wife’s services are compensable under Code Section 65.2-603 for providing 24-hour attendant care
0954053 Julio Emilio Posada v. Virginia Polytechnic Institute & State University/Commonwealth of Virginia 12/13/2005
Commission did not err in reducing the award of attorney’s fees assessed against employer and reducing the compensation to claimant’s wife for her 24-hour care services
2197041 Corey Alexander Wiggins, s/k/a Corey Alexander Lee Wiggins v. Commonwealth 12/13/2005
Trial court erred in denying appellant’s motion to strike two of the three abduction charges and the two related firearm charges as two detentions were incidental to the underlying robberies; two of the three convictions for abduction reversed and two of the three related convictions for using a firearm in the commission of a felony reversed
2708041 Nicholas Ohin v. Commonwealth 12/13/2005
No error in trial court’s denial of appellant’s motion to strike the evidence as appellant’s knife constitutes a "weapon of like kind" under Code Section 18.2-308(A)(v)
2717042 Michael Paul Shiflett, s/k/a Michael C. Shifflett v. Commonwealth 12/13/2005
Trial court did not err in denying appellant’s motion to suppress evidence as the stop of appellant’s vehicle did not violate the Fourth Amendment
2941041 Calvin Jojuan Bell v. Commonwealth 12/06/2005
Trial court erred in admitting the certificate of analysis as the evidence fails to support the trial court’s finding that the certificate was provided to counsel of record in the manner required by the statute; as this Court cannot conclude the erroneous admission of the certificate was harmless, we reverse the convictions and remand the case
0069051 Arteshia S. Barnes v. Commonwealth 11/29/2005
Trial court did not err in finding the evidence sufficient to support a finding of criminal negligence under Code Section 40.1-103(A); appellant’s convictions for two counts of child endangerment affirmed
0468051 Diana Ruth Merget Galloway v. David William Galloway 11/29/2005
Trial court did not err in finding that the parties’ property settlement agreement is valid and enforceable
0893054 Uninsured Employer’s Fund v. Ann Gabriel (Decedent’s Widow), et al. 11/29/2005
This Court holds that the commission had jurisdiction, the claim arose out of the decedent’s employment, and it is not barred by the failure to obtain insurance
1056041 Stephen Craig Walker v. Commonwealth 11/29/2005
Trial court did not err in finding evidence sufficient to support appellant’s convictions for abduction and use of a firearm during the commission of a felony; incidental detention doctrine does not apply as appellant not convicted of robbery
0084053 K & K Repairs and Construction, Inc., et al. v. Jackie Allen Endicott 11/22/2005
Commission did not err in finding that appellee was entitled to a change in his treating physician as the treating physician made a valid referral to another physician for treatment
0743052 Farmington Country Club, Inc., et al. v. Frank Wayne Marshall 11/22/2005
Commission erred in finding the necessary causal connection between claimant’s industrial injury and his gastro-esophageal reflux disease; commission’s award of medical benefits reversed
1216042 Samantha Lynn Morris v. Commonwealth 11/22/2005
Upon rehearing en banc – trial court did not err in finding evidence sufficient to support appellant’s convictions for two counts of felonious child neglect in violation of Code Section 18.2-371.1(B)
2648031 David Lee Moore v. Commonwealth 11/22/2005
Upon rehearing en banc – trial court did not err in denying appellant’s motion to suppress as the arrest and resulting search did not violate appellant’s constitutional rights; this Court holds that although the arrest violated Code Section 19.2-74, this statute does not provide for the exclusion of evidence retrieved from a search subsequent to that arrest
2777043 James Melvin Ashby v. Ramar Coal Company, Inc. and Liberty Mutual Insurance Company 11/22/2005
Commission erred in its determination that the actual notice provision of Code Section 65.2-705 applies only to awards reached after an evidentiary hearing; accordingly, appellant’s request for review was filed timely
3026041 Eric O. Turner, Sr. v. Idell Turner 11/22/2005
Trial court did not err in entering the Qualified Domestic Relations Order as the QDRO was an administrative mechanism to effectuate the intent and purpose of the final decree’s award
2851042 Jeremy Dion DiMaio v. Commonwealth 11/15/2005
Trial court did not err in finding that the evidence was sufficient to prove the value of the computer records, the value of the non-compete agreements, that appellant attempted to commit extortion and that appellant possessed the requisite criminal intent for each charged offense
0620053 Heritage Hall and Security Insurance Company of Hartford v. Tina Crabtree 11/08/2005
No error in commission’s award of benefits for a knee injury that appellee sustained at work as the appellee’s response and the injury that resulted arose as a natural incident of her work and the conditions under which she performed it
0646041 Joel Dulay Singson v. Commonwealth 11/08/2005
This Court holds that appellant lacks standing to facially challenge the constitutionality of Code Section 18.2-361 pursuant to the Due Process Clause of the Fourteenth Amendment, Code Section 18.2-361 is not unconstitutionally overbroad under the First Amendment, and appellant is procedurally barred from arguing that sentence imposed by trial court constitutes cruel and unusual punishment
2200041 Cheryl Kashawn Jones v. Commonwealth 11/08/2005
Trial court did not err in finding the evidence was sufficient to prove appellant willfully failed to provide care for her child in a manner so gross, wanton, and culpable as to show a reckless disregard for his life
3221031 Andy Joe Tjan v. Commonwealth 11/08/2005
This Court holds that appellant lacks standing to mount a facial challenge to Code Section 18.2-361 and also lacks standing to contend that the statute is unconstitutionally overbroad; this Court also holds that Code Section 18.2-361 does not violate the Equal Protection Clause and is not void for vagueness; appellant's conviction affirmed
0280042 Shawn Delano Gregory v. Commonwealth 11/01/2005
Trial court did not err in admitting evidence of drugs and money found in the defendant’s apartment for purposes of establishing motive; the search warrant issued upon probable cause and the evidence recovered was admissible at the murder trial
2933044 Dennis G. King v. Marian R. King 11/01/2005
Trial court did not err in its division of the parties’ income tax refunds and in denying appellant an award of attorney’s fees
0851041 Bryan David Auer v. Commonwealth 10/25/2005
Trial court did not err by admitting into evidence appellant’s prior misdemeanor conviction under a city ordinance for DUI
1879042 George Fisher Robinson v. Elisa Kenty Robinson 10/25/2005
Upon rehearing en banc – trial court erred when it classified the parties’ assets as marital property notwithstanding its conclusion that appellant sustained his burden of proving retraceability; equitable distribution award is reversed in its entirety and the case is remanded to the trial court for reconsideration
2945042 Thomas C. Evelyn v. Commonwealth of Virginia Marine Resources Commission 10/25/2005
Circuit Court did not err in affirming the Virginia Marine Resources Commission’s order to appellant to remove a portion of his private pier as the riparian landowner may not build, without a permit, incidental appendages designed merely to enhance the primary purpose of the pier
1887041 Larry Alonzo Oliver v. Commonwealth 10/18/2005
Trial court did not err by admitting, during the sentencing phase of appellant’s bifurcated jury trial, evidence of prior criminal convictions appellant received from special military courts-martial under the Uniform Code of Military Justice
2558041 Antonio Noah Lassiter v. Commonwealth 10/18/2005
Trial court did not err in convicting appellant of statutory burglary as the evidence proved that the landlord took possession of the property without effecting a breach of the peace and pursuant to a court order giving him possession
2762043 Richard Jennings Cabaniss v. Nancy Turner Cabaniss 10/18/2005
Trial court did not err in finding the allegations in wife’s bill of complaint a sufficient factual basis for exercising personal jurisdiction over husband pursuant to Virginia’s long-arm statute, and overruling husband’s jurisdictional objection to those allegations
0318052 Shekhar Sharma v. Abha Sharma 10/11/2005
Trial court properly dismissed appellant’s appeal of a juvenile and domestic relations district court order for failure to post a bond as required by Code Section 16.1-296(H); trial court did not err in not allowing appellant to correct a deficiency in the appeal bond pursuant to Code Section 16.1-109
1882043 Jacob Thomas Mattox v. Commonwealth 10/11/2005
Trial court did not abuse its discretion in sentencing appellant as a “serious offender” under Code Section 16.1-285.1
2505043 William T. Young, Jr., etc. v. Virginia Birth-Related Neurological Injury Compensation Program 10/04/2005
Commission did not err in denying appellant’s request for the trust-home and cash-grant housing benefits; appellant had no vested right to the trust-home and cash-grant housing benefits as appellant requested the benefits only after the Board had terminated them
2533043 Matthew P. Epperly, s/k/a Matthew Patrick Epperly v. County of Montgomery 10/04/2005
Trial court did not err in finding appellant in contempt and in imposing sanctions authorizing the County to enter upon the real property where the zoning violation occurred and conduct an operation to abate the zoning violation
1333044 Alan Luginbyhl, s/k/a Alan Kurt Luginbyhl v. Commonwealth 09/27/2005
Rehearing En Banc granted
2351044 Commonwealth of Virginia, et al. v. Michele Bakke, Jonathan Bakke, Susan L. Rattner, M.D., et al. 09/27/2005
Commission did not err in concluding that certain medical experts are most qualified to evaluate the timing of the infant’s injury, that the Program failed to rebut the presumption contained in Code Section 38.2-5008(A)(1), and in finding that the Program failed to prove a specific non-birth-related cause of the injury
3002044 The Uninsured Employer’s Fund v. Michael Lewis Wilson 09/20/2005
Commission did not err in denying appellant a credit against medical benefits owed under the Act for payments made to the claimant pursuant to an out-of-state settlement that had not been submitted to the VWCC for approval
0506041 Jeffrey James Locklear v. Commonwealth 09/13/2005
No error in trial judge’s denial of appellant’s motions to vacate his conviction which alleged his guilty plea was invalid and his conviction was procured in a prosecution beyond statute of limitations; this Court lacks jurisdiction to consider appellant’s motion to vacate his conviction which alleged a defect in subject matter jurisdiction; transferred in part to Supreme Court of Virginia
0591042 George M. Epps, Sheriff of the City of Petersburg, Virginia v. Commonwealth 08/30/2005
Rehearing En Banc granted
0852043 James Gregory Logan v. Commonwealth 08/30/2005
Rehearing En Banc granted
1333044 Alan Luginbyhl, s/k/a Alan Kurt Luginbyhl v. Commonwealth 08/30/2005
Trial court did not err in admitting the breath test certificate as the result of the breath test does not constitute hearsay and does not implicate appellant’s Sixth Amendment rights; statements contained in the certificate attesting to the equipment’s good working order and the officer’s valid license to operate the machine do not constitute testimonial hearsay
2303042 George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth 08/30/2005
Rehearing En Banc granted
1229031 Tyrone Alphonso Wilson v. Commonwealth 08/23/2005
Upon rehearing en banc – trial court did not abuse its discretion by refusing to halt the trial to permit the parties to finalize the last-minute plea negotiations; trial judge did not abuse his discretion by refusing to recuse himself from this case; evidence was sufficient to support appellant’s convictions
2251044 Jeffrey David Wiese v. Margaret Anne Wiese 08/23/2005
Error in part in the trial court’s decision concerning the equitable distribution of the marital residence; judgment is affirmed in part, reversed in part, and remanded to the trial court
0107041 Lester Bernard Lynch, Jr. v. Commonwealth 08/16/2005
Trial court did not err in admitting appellant’s statement and the substance of the preceding conversation under the adoptive admission exception to the hearsay rule
1833044 Warren P. Denise v. Philip C. Tencer 08/16/2005
Trial court did not err in finding that a material change in circumstances had occurred and in finding it in the child’s best interests to award physical custody to father; no error found in trial court’s decisions on certain evidentiary matters
1878044 Philip C. Tencer v. Warren P. Denise 08/16/2005
No error in trial court’s denial of father’s petition to place sole legal custody of the child in him; trial court properly applied the best interests test to determine the child’s custody
2023044 Jose Simon Hernandez-Guerrero v. Commonwealth 08/16/2005
Trial court did not abuse its discretion in permitting a victim witness to remain in the courtroom prior to testifying
1415034 David Alan Stevens v. Commonwealth 08/09/2005
Upon rehearing en banc – trial court did not err in permitting prosecution of the aggravated involuntary manslaughter charge, admitting the hospital toxicology report, or by refusing appellant’s proffered jury instructions; evidence was sufficient for a jury to convict appellant of aggravated involuntary manslaughter
1734034 Phillip Morris Washington v. Commonwealth 08/09/2005
Upon rehearing en banc - trial court did not err in permitting the Commonwealth to prove appellant’s two prior robbery convictions during the guilt phase of the bifurcated trial
1869042 Granville Frazier Toms, III v. Hanover Department of Social Services 08/09/2005
Trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights pursuant to Code Section 16.1-283(B)
2144042 Maurice A. Jones, Commissioner, Virginia Department of Social Services v. Tommie J. West 08/09/2005
Trial court did not err in determining that the local department’s failure to tape record its interview with the alleged victim constituted a procedural violation and was not mere harmless error, in ordering the dismissal of the complaint against appellee rather than remanding the case to the hearing officer for further adjudication, and in denying appellee’s request for attorney’s fees
0852043 James Gregory Logan v. Commonwealth 08/02/2005
Trial judge erred in denying appellant’s motion to suppress the evidence as appellant had a reasonable expectation of privacy in the hallway of the rooming house where he resided
2205044 Cameron Derby Bruemmer v. Russell John Bruemmer 08/02/2005
Trial court did not err in setting the original amount of spousal support, providing for time-related decreases in spousal support, setting a duration period for spousal support, excluding certain portions of husband’s income in calculating husband’s gross income for child support calculation purposes, and failing to award appellant attorney’s fees
0591042 George M. Epps, Sheriff of City of Petersburg v. Commonwealth 07/26/2005
Trial court erred in ruling that a sitting circuit court judge was competent to testify at the contempt hearing; all other issues raised on appeal affirmed
2303042 George M. Epps, Sheriff of City of Petersburg v. Commonwealth 07/26/2005
Trial court erred in ruling that a sitting circuit court judge was competent to testify at the contempt hearing; all other issues raised on appeal affirmed
2885044 Lysa Schwartz v. Adam Schwartz 07/26/2005
Trail court erred by admitting testimony about appellant from the children’s therapist without her consent; finding of contempt reversed; award of attorney’s fees vacated; case remanded for a determination anew in light of the evidence properly before the court
2174032 William White, Jr. v. Commonwealth 07/19/2005
Upon rehearing en banc – trial court did not err in granting the Commonwealth’s motion in limine, in denying appellant’s motion for a continuance, and in denying a motion that defendant be confined in a mental hospital; appellant’s convictions are affirmed
2287042 Tinsley Campbell and Campbell Lumber Co., Inc. v. Commonwealth of Virginia Department of Forestry 07/19/2005
Judgment of the trial court affirmed except as it pertains to that portion of the civil penalties attributed to April 23 and 24 as no evidence demonstrates a violation of the stop-work directive on those dates; matter remanded for a recalculation of the civil penalties
2288042 Harry D. Campbell and Campbell Lumber Co., Inc. v. Commonwealth of Virginia Department of Forestry 07/19/2005
Judgment affirmed as evidence supports the hearing officer’s finding of a 19-day violation of the emergency order; the hearing officer did not err in finding that appellant violated the stop-work directive
2298042 The Chesapeake Bay Foundation, Inc., et al. v. Commonwealth of Virginia, ex rel., et al. 07/19/2005
Trial court did not err in finding that neither appellant satisfied the requirements for standing to sue in its own right; trial court erred in finding that Code Section 62.1-44.29 does not confer representational standing to either appellant; matter remanded to the trial court for a determination of whether the appellants have met the requirements of representational standing
0439041 Melvin G. Perry v. Tom Delisle, t/a R & T Construction and Uninsured Employers’ Fund 07/12/2005
Upon rehearing en banc - commission did not err in finding that appellee sustained his burden of proving that his business has regularly in service less than three employees and, as a result, is not subject to the provisions of the Virginia Workers’ Compensation Act
1113041 Wilfred Decourcey Wilson, Sr. v. Commonwealth 07/12/2005
Trial court did not err in admitting the letter into evidence under the “recent complaint” exception contained in Code Section 19.2-268.2 and in determining that the evidence was sufficient to support appellant’s convictions for each of the crimes charged
1914043 In Re: Lewis Edward Bowling, Jr. 07/12/2005
Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ
0356054 In Re: Carl Dicks 06/28/2005
Petition for writ of actual innocence dismissed as the interrogation and petitioner’s accompanying affidavit in no way affect the sufficiency of the evidence to support petitioner’s convictions and petitioner has not demonstrated that no rational trier of fact could have found him guilty
1879042 George Fisher Robinson v. Elisa Kenty Robinson 06/28/2005
Rehearing En Banc granted
0279042 Jeremy Austin Peake v. Commonwealth 06/21/2005
Appellant’s circuit court conviction of possession of marijuana with the intent to distribute did not violate double jeopardy principles; Rule 5A:18 bars appellant from raising his claim for the first time on appeal that the circuit court conviction was barred by collateral estoppel
0894043 Stephanie Michelle Hunt v. Commonwealth 06/21/2005
Trial judge erred in convicting appellant of grand larceny as the indictment charged only common law larceny and the evidence failed to prove the value of the ticket was $200 or more
1716042 Earline V. Fields v. Dinwiddie County Department of Social Services 06/21/2005
Trial court did not err in terminating appellant’s residual parental rights; no reversible error found in trial court’s admission of letters written by mental health care providers
1770042 Roy W. Gray v. Charles W. Bourne, III and Tamara Bourne 06/21/2005
Trial court did not err in ruling that appellant’s withholding of consent to the adoption was contrary to the best interests of his son
2474032 Elisa Kenty Robinson v. Commonwealth 06/21/2005
Rehearing En Banc granted
2539032 George Fisher Robinson v. Commonwealth 06/21/2005
Rehearing En Banc granted
1325024 Janice Larue Orndorff v. Commonwealth 06/14/2005
Upon rehearing en banc – trial court did not abuse its discretion in denying appellant’s motion for a new trial; trial court did not err in prohibiting appellant’s experts from testifying regarding the veracity of her statements and in finding appellant competent for sentencing; appellant’s convictions for second-degree murder and use of a firearm in the commission of a murder affirmed
1900042 Ray Kromer v. Commonwealth 06/14/2005
Trial court did not err in finding evidence sufficient to convict appellant of misdemeanor possession of child pornography
2889034 Raymond Brian Thomas, Sr. v. Commonwealth 06/14/2005
Upon rehearing en banc, the stay of this Court’s January 25, 2005 mandate is lifted and the judgment of the trial court is affirmed
0038044 Tim Price O’Hara v. Sandra H. O’Hara 06/07/2005
Trial court erred in finding husband had to prove by clear and convincing evidence that wife cohabited with another in a relationship analogous to marriage and in refusing to terminate husband’s spousal support obligation; no error in trial court’s finding that wife is able to be employed and its refusal to award husband attorney’s fees based upon provisions of property settlement agreement
0087044 Sandra H. O’Hara v. Tim Price O’Hara 06/07/2005
Trial court erred in finding husband had to prove by clear and convincing evidence that wife cohabited with another in a relationship analogous to marriage and in refusing to terminate husband’s spousal support obligation; no error in trial court’s finding that wife is able to be employed and its refusal to award husband attorney’s fees based upon provisions of property settlement agreement
0120042 Kenneth Alonzo Hodges, II v. Commonwealth 06/07/2005
No reversible error found in trial court’s admissions of the challenged hearsay statements and the eyewitness identifications; trial court did not err in denying appellant’s motions for mistrial and in finding evidence sufficient to support appellant’s convictions
1461034 Naheed Saeed Morrill v. Clarence Grant Morrill, II 06/07/2005
Upon rehearing en banc - trial court did not abuse its discretion in hearing the forgery evidence for purposes of equitable distribution under its interpretation of the decree and general order
1571044 Jason Hugh Albert v. Ana S. Ramirez, f/k/a Ana Sofia Albert 06/07/2005
Trial court erred by applying the incorrect standard in deciding whether to terminate husband’s custody and visitation; case remanded for reconsideration in order to apply the proper standard for modification of a custody and visitation decree
1868041 Commonwealth of Virginia, et al. v. Jamie W. Lancaster, et al. 06/07/2005
Appeal dismissed without prejudice as this Court is without jurisdiction to consider the appeal because the order appealed from is interlocutory and does not adjudicate the principles of the cause
1477041 Joshua Bristol v. Commonwealth 05/31/2005
Rehearing En Banc granted
1879042 George Fisher Robinson v. Elisa Kenty Robinson 05/31/2005
Trial court erred when it classified the parties’ assets as marital property notwithstanding its conclusion that appellant sustained his burden of proving retraceability; equitable distribution award reversed in its entirety and case remanded to trial court
2567042 Nelson County Schools and CompManagement, Inc. v. Brenda Ann Woodson 05/31/2005
Commission did not err in concluding that appellee could recover medical benefits notwithstanding her failure to specifically request medical benefits in her application to the commission
1286044 James Edward Gaffney v. Roseanne Gaffney 05/24/2005
Trial court erred in deciding the parties had entered into a valid and binding property settlement agreement
1537042 Mark Andrew Rhodes v. Commonwealth 05/24/2005
No error in trial court’s decision, following appellant’s violation of the terms and conditions of his suspended sentences, to effectively impose an active sentence of two years in prison rather than permit appellant to participate in the detention center and diversion center programs
3241031 Gordon O’Neil Blackman v. Commonwealth 05/24/2005
No error in trial court’s refusal to declare a mistrial as no Confrontation Clause violation took place as a matter of law
1207042 Joseph Richard Vilseck, Jr. v. Shirley Neale Vilseck 05/17/2005
As the contractual language of the premarital agreement is found to be ambiguous this matter is remanded to the trial court to consider additional extrinsic evidence
2474032 Elisa Kenty Robinson v. Commonwealth 05/17/2005
Trial court did not err in denying appellant’s motions to suppress as the officer’s observations did not implicate the Fourth Amendment
2539032 George Fisher Robinson v. Commonwealth 05/17/2005
Trial court did not err in denying appellant’s motions to suppress as the officer’s observations did not implicate the Fourth Amendment
1348042 The Cura Group, Inc. v. Virginia Workers’ Compensation Commission 05/10/2005
Commission abused its discretion in imposing thirty-four separate contempt fines based on appellant’s violation of a single show cause order
1803041 Vernon Lee Pruden v. Plasser American Corporation and Twin City Fire Insurance Company 05/10/2005
No error in commission’s reduction of claimant’s award for disability compensation benefits for the permanent partial use of his right arm by those previously awarded for the disfigurement
1037042 Frances Broaddus Crutchfield and Henry Ruffin Broaddus v. State Water Control Board, et al. 05/03/2005
Trial court did not err in finding that the State Water Board properly issued a Virginia Pollution Discharge Elimination System permit to Hanover, County for the discharge of treated wastewater
1477041 Joshua Bristol v. Commonwealth 05/03/2005
Trial court erred by admitting the certificate of analysis into evidence as appellant was not validly arrested prior to the removal of his blood
1643042 C. Ray Davenport, Commissioner, Department of Labor and Industry v. Summit Contractors, Inc., etc. 05/03/2005
Trial court did not err in its decision to enter a summary judgment dismissing the Virginia Occupational and Safety Health Program’s enforcement action against appellee
1917041 Bryan Christopher Conkling v. Commonwealth 05/03/2005
Trial court erred in finding that a juvenile adjudication of petit larceny could be used to elevate a later petit larceny to a felony as juvenile adjudications may not be used to enhance a sentence under Code Section 18.2-104
1939041 Alice C. Barrs v. Carl A. Barrs 05/03/2005
Trial court erred in concluding that the wife’s receipt of passive income from the marital award constituted a change in circumstances; trial court did not abuse its discretion in denying wife’s request for attorney’s fees
2200032 Joshua Davis Kyer v. Commonwealth 05/03/2005
Upon rehearing en banc – this Court holds that the initial police entry into the apartment cannot be justified under the emergency or community caretaker doctrines and that the consent was not nullified by the earlier unlawful entry
1760044 Loudoun County School Board v. Commonwealth of Virginia Board of Education, et al. 04/26/2005
Trial court did not err in holding that it lacked jurisdiction under the Virginia Administrative Process Act to entertain an appeal of the administrative decision of the Virginia Department of Education
0577034 Clara Jane Schwartz v. Commonwealth 04/19/2005
Trial court did not err in denying appellant’s motion to dismiss, submitting the charges of murder and conspiracy to commit murder to the jury, concluding that the double jeopardy doctrine and Wharton’s Rule did not bar appellant’s conviction for both murder and conspiracy to commit murder, denying appellant access to doctor’s testimony and notes and the mental health center’s notes
1695043 Jeffrey M. Altice v. Roanoke County Department of Social Services 04/19/2005
Trial court did not err in entering a protective order limiting visitation for a period of five years on behalf of the child
2314043 M & S Auto Parts, Inc. and Travelers Indemnity Company of CT v. Leonard L. Presgraves 04/19/2005
Commission did not err in awarding claimant temporary total disability benefits following his compensable industrial accident and back injury as claimant’s post-injury termination from full-duty employment did not automatically bar his subsequent receipt of disability benefits during periods in which he was partially disabled and unable to find suitable alternative employment
0985033 Kenneth Samuel Moses v. Commonwealth 04/12/2005
Upon rehearing en banc - trial court did not err in its application of the statute and in convicting appellant of two counts of making an obscene display or exposure in violation of Code Section 18.2-387
1351034 Francis M. Gonzales, s/k/a Francis M. Gonzalez v. Commonwealth 04/12/2005
Upon rehearing en banc - this Court holds that the evidence of prior crimes was inadmissible in this case; evidence of other similar crimes is inadmissible to show intent when it is not an element of the offense charged
2325031 Demetrius Lamont Neely v. Commonwealth 04/12/2005
Upon rehearing en banc - trial court erred in finding that it did not have jurisdiction under Code Section 19.2-303 to consider a motion to modify sentence while the defendant was in the custody of the Federal Bureau of Prisons; trial court also erred in ruling that Rule 1:1 deprived it of jurisdiction to entertain defendant's motion to modify his sentence
0524044 Joshua Fritter v. Commonwealth 03/29/2005
Trial court did not err in finding evidence sufficient to convict appellant of perjury
0918042 E. Dean Christian v. Virginia Department of Social Services 03/29/2005
Trial court erred in dismissing appellant’s administrative appeal as appellant’s petition sufficiently identified the Virginia Department of Social Services as a party in his petition for appeal
1182044 James J. D’Ambrosio, Jr. v. Debra Maureen Fowler D’Ambrosio 03/29/2005
Trial court did not err in its modification of the custody decree to award medical decision-making capacity to appellee; trial court erred in prohibiting appellant from making “defamatory comments” to “third parties”
1287041 Wanda Strong v. Hampton Department of Social Services 03/29/2005
Trial court erred in terminating appellant’s parental rights as the Department did not file a foster care plan that recommended termination of parental rights
1288041 Wanda Strong v. Hampton Department of Social Services 03/29/2005
Trial court erred in terminating appellant’s parental rights as the Department did not file a foster care plan that recommended termination of parental rights
1289041 Wanda Strong v. Hampton Department of Social Services 03/29/2005
Trial court erred in terminating appellant’s parental rights as the Department did not file a foster care plan that recommended termination of parental rights
1290041 Wanda Strong v. Hampton Department of Social Services 03/29/2005
Trial court erred in terminating appellant’s parental rights as the Department did not file a foster care plan that recommended termination of parental rights
1291041 Wanda Strong v. Hampton Department of Social Services 03/29/2005
Trial court erred in terminating appellant’s parental rights as the Department did not file a foster care plan that recommended termination of parental rights
1347041 Kevin Strong v. Hampton Department of Social Services 03/29/2005
Trial court erred in terminating appellant’s parental rights as the Department did not file a foster care plan that recommended termination of parental rights
0226042 Gary Thomas Prizzia v. Judit Prizzia 03/22/2005
Appeal dismissed as this Court lacks jurisdiction to consider the merits of appellant’s appeal because the December 30 order is not an appealable interlocutory order as it does not adjudicate the principles of the cause
0608042 Citland, Ltd. v. Commonwealth of Virginia, ex rel. Jerry W. Kilgore, Attorney General 03/22/2005
Trial court erred in dismissing the Virginia Administrative Process Act appeal filed by appellant as Code Section 3.1-336.5(A)(1) does not grant the Attorney General discretion to exclude appellant from the directory because of nonpayment of proposed penalties for alleged violations of the tobacco statutes
1601044 Frank S. Mullin, III v. Shirley N. Mullin 03/22/2005
Trial court did not err in ruling that father’s support obligation would continue beyond child’s high school graduation, in awarding attorney’s fees to mother and in ordering father to reimburse mother for both the cost of providing health insurance for the children and for a portion of her monthly out-of-pocket medical expenses
2648031 David Lee Moore v. Commonwealth 03/22/2005
Rehearing En Banc granted
2107032 John Davis Rock, III v. Commonwealth 03/15/2005
Trial court did not abuse its discretion by admitting the victim impact testimony during the sentencing proceeding as the murder victim’s brother and mother of his children satisfied the legal definition of victim under Code Section 19.2-11.01(B)
1556041 Thomas W. Bomar v. Ava W. Bomar 03/08/2005
Trial judge erred in ordering the transfer of the martial residence to the wife while requiring the husband to remain liable on the mortgage as statute permits the judge to order refinancing or other safe guards; trial judge did not err in awarding spousal support
3030032 George Julious Roe, s/k/a George Julius Roe v. Commonwealth 03/08/2005
Trial court did not err in allowing the Commonwealth to reindict appellant on the same offenses for which indictments had previously been dismissed as the motion to dismiss the indictments was a nolle prosequi
0560042 Edward Thomas Wilson v. Commonwealth 03/01/2005
Trial court did not err in denying appellant’s motion to suppress as evidence established the off-duty officer did not act improperly under the “color of office” doctrine; the Commonwealth’s failure to permit or provide a breath or blood alcohol concentration test did not violate appellant’s due process rights as appellant’s DUI arrest did not occur within three hours of the alleged offense
0846041 Mattaponi Indian Tribe, et al. v. Virginia Marine Resources Commission, et al. 03/01/2005
Appeal dismissed as the settlement between the City of Newport News and the Virginia Marine Resources Commission, consummated by the entry of a consent dismissal order, moots appellant’s appeal of the circuit court’s decision to deny appellant’s motion to intervene
1756044 Carmen H. Mina v. Mark T. Mina 03/01/2005
Trial court erred in finding that it did not have jurisdiction to consider appellant’s motion for attorney’s fees and costs as the March 12, 2004 order is not a final order for the purposes of Rule 1:1
2889034 Raymond Brian Thomas, Sr. v. Commonwealth 03/01/2005
Rehearing En Banc granted
3109032 Ashley Danielle Overdorff v. Commonwealth 03/01/2005
Trial court did not err in exercising jurisdiction over appellant’s felony charges as “an indictment in the circuit court cures any error or defect in any proceeding held in the juvenile court except with respect to the juvenile’s age”
0275041 Raney C. Randolph v. Commonwealth 02/22/2005
This appeal is dismissed for lack of jurisdiction as the trial court’s order of Jan. 8, 2004 does not constitute a final judgment of conviction
0585043 Frank Glading Shelton v. Commonwealth 02/22/2005
Trial court did not err in admitting into evidence the certificate of blood analysis; as the appellant was afforded the opportunity to view the results of the breath test, the requirements of Code Section 18.2-268.9 were substantially met
2205032 Shanorda Doniel Morris, s/k/a Shenorda D. Morris v. Commonwealth 02/22/2005
Trial court did not err in convicting appellant of robbery, use of a firearm in the commission of a felony, and possession of a firearm by a convicted felon; as appellant was not twice punished for one criminal act nor punished for a crime that is a lesser-included offense of another, appellant’s convictions do not violate the protections against double jeopardy
2648031 David Lee Moore v. Commonwealth 02/22/2005
Trial court erred in denying appellant’s motion to suppress as appellant’s arrest violated Code Section 19.2-74, which only authorized issuance of a citation, and evidence obtained as a result of the search, which was, in effect, conducted pursuant to issuance of a citation, should have been suppressed
2182033 Angela M. Hodges v. Commonwealth of Virginia, Department of Social Services, et al. 02/15/2005
Upon rehearing en banc this Court holds that food stamps and Medicaid assistance are not “public assistance moneys” as contemplated in Code Section 63.2-1908; legislature did not exempt noncustodial parents receiving those forms of public assistance from reimbursing DCSE for moneys expended on behalf of their children
3071032 Otis Purcell Johnson, Jr. v. Commonwealth 02/15/2005
Appellant’s failure to appeal one of two alternative grounds for a trial court’s decision waives any further appellate review of that decision
1876033 Ricky Nelson Gilbert v. Commonwealth 02/08/2005
Trial court did not err in finding evidence sufficient to support appellant’s conviction of assault and battery on a law enforcement officer
2157034 Phillip L. Artis v. Ottenberg’s Bakers, Inc. and Reliance National Indemnity Co. 02/08/2005
Upon Rehearing En Banc - no error in commission’s denial of post-termination partial disability benefits as appellant forfeited his right to temporary disability benefits because his termination was attributable to his volitional misconduct rather than his disability
0439041 Melvin G. Perry v. Tom Delisle, t/a R & T Construction and Uninsured Employers' Fund 02/01/2005
Rehearing En Banc granted
0674043 Douglas Owen Davis v. Commonwealth 02/01/2005
Trial court erred in convicting appellant of “Escape from Confinement” as appellant was no longer in the physical custody or even presence of the court
0695042 David A. Garraghty v. Virginia Retirement System and Virginia Department of Corrections 02/01/2005
Trial judge did not err in dismissing appellant’s petitions as appellees’ letters were responses to appellant’s request for information, not an application or claim for benefits and do not meet the definition of “case decisions” under the Administrative Process Act
0777044 Kathleen D. Rutledge v. Ronald L. Rutledge 02/01/2005
Trial judge did not err in ruling that appellant’s marital property settlement agreement prohibited the trial judge from exercising discretionary authority to award attorney’s fees to appellee in a post divorce proceeding to modify spousal support as no terms of the agreement provide for attorney’s fees in the instance of either party seeking a modification of spousal support
0979044 Carol M. Ranney v. Timothy Ranney 02/01/2005
Trial court did not err in classification of the parties’ property or in the distribution of the marital estate
1225043 Robert D. Keith v. Ball Metal Beverage Container Corporation 02/01/2005
Commission erred in ruling that Code Section 65.2-601 barred the appellant’s claim as the appellant provided employer with timely notice of the accident that met requirements of Code Section 65.2-601; worker’s application was timely filed and the evidence established the disability was present and existing when filed
1719021 Delio Anzualda, Jr. v. Commonwealth 01/25/2005
Upon rehearing en banc, trial court did not err in admitting seized evidence under the good faith exception to the exclusionary rule as the officer possessed an objectively reasonable belief in the existence of probable cause; appellant’s conviction affirmed
2889034 Raymond Brian Thomas, Sr. v. Commonwealth 01/25/2005
Trial court did not err in admitting into evidence 46 plastic baggies described by an expert narcotics officer as indicative of drug distribution; appellant waived all but one of his appellate arguments by failing to make specific and timely objections at trial
0253043 Avery Martez Lampkins v. Commonwealth 01/18/2005
Circuit court properly retained jurisdiction of this case; pursuant to the cooperation/immunity agreement, the Commonwealth is barred from prosecuting this case and the indictments are dismissed as the Commonwealth did not prove a breach of the agreement
1460043 Donald E. Hill v. Southern Tank Transport, Inc. and American Interstate Insurance Company 01/18/2005
Commission did not err in finding claimant’s injury did not arise out of his employment as the accident was unexplained and claimant failed to prove the causation between employment and the accident
3007034 Jason A. Jeter v. Commonwealth 01/18/2005
Trial court did not err in admitting into evidence a lock-sealed envelope containing a substance later identified as cocaine as the Commonwealth established a proper chain of custody; because appellant failed to cite any authorities in his opening brief to support his argument that the trial court erred in denying his motion to strike, appellant waived this issue on appeal
0457042 Ephigenia K. Giannoukos v. Virginia Board of Medicine and Department of Health Professions 01/11/2005
Trial court did not err in dismissing appeal as the Virginia Administrative Process Act did not apply because the agency's letter regarding its own reporting obligations under federal law did not constitute a "case decision" concerning appellant
1160044 Girard C. Miller v. Lynn E. Cox, f/k/a Lynn E. Miller 01/11/2005
Trial court did not err in determining that wife's investments could reasonably return 5% pretax, in awarding $9,000 per month in spousal support to wife, by failing to limit the duration of the spousal support award and in failing to change amount of the spousal support award
2174032 William White, Jr. v. Commonwealth 01/11/2005
Rehearing En Banc granted
2241034 Clifford Wheeler v. Commonwealth 01/11/2005
Trial court did not err in finding evidence sufficient to conclude that stock certificates had a value in excess of $200 satisfying the requirements of Code Sections 18.2-108 and 18.2-95 for conviction of grand larceny by receipt of stolen goods
3243033 William Bascom Henry v. Commonwealth of Virginia/City of Bristol 01/11/2005
Trial court did not err in admitting the breath test results pursuant to Code Section 18.2-268-11 where substantial compliance was proved
1325024 Janice Larue Orndorff v. Commonwealth 12/28/2004
Rehearing En Banc granted
1553031 Kuturah Aldridge v. Commonwealth 12/28/2004
Trial court did not err in finding that the detectives acted appropriately and in accord with the protections of Miranda, in determining that the Commonwealth presented sufficient evidence of the corpus delicti of homicide, and in finding evidence sufficient to show that appellant acted with premeditation and malice
1763034 Gerald Lee Tucek v. Commonwealth 12/28/2004
Trial court did not err in convicting appellant for violating the sex offender registration requirements as appellant lacks standing to advance the constitutional claim raised at trial and asserted on appeal
2530041 In Re: Mario Russell Pierce 12/28/2004
Petition for writ of actual innocence dismissed where petitioner alleges testing of destroyed swabs would prove his innocence as "human biological evidence may not be used as the sole basis for seeking relief.
2535034 Laura L. Foster v. Commonwealth 12/21/2004
No error in trial court's application of the five-year statute of limitations to appellant's misdemeanor violation of the bad check statute
2810033 Deshawn Runta Brown v. City of Danville 12/21/2004
Trial court did not err in convicting appellant of obstructing justice or in considering "all [of] the circumstances" including evidence that may have been subject to the motion to suppress as the exclusionary rule does not apply during sentencing proceedings
1598034 Vicki Lee Shreve v. Commonwealth 12/14/2004
Trial court did not err in finding evidence sufficient to convict appellant of driving without a valid license as appellant's suspended license was not a "valid" license under Code Section 46.2-300
1916042 In Re: Lynard E. Barron 12/14/2004
Petition for a writ of actual innocence dismissed where petitioner did not prove by clear and convincing evidence that "the previously unknown or unavailable evidence is not merely cumulative, corroborative or collateral"
2053031 Corey Dion Coles v. Commonwealth 12/14/2004
Trial court erred in convicting appellant of escape by force from the custody of a police officer as evidence failed to establish that appellant was taken into custody "on a charge of criminal offense" as required by statute
2325031 Demetrius Lamont Neely v. Commonwealth 12/14/2004
Rehearing En Banc granted
2690041 In Re: Sidney Terry Joshua 12/14/2004
Petition for writ of actual innocence dismissed where petitioner alleges DNA testing of destroyed swab would prove his innocence as "human biological evidence may not be used as the sole basis for seeking relief"
2710044 In Re: Jose Antonio Lima 12/14/2004
Petition for writ of actual innocence dismissed as petitioner did not proffer evidence that was previously unknown or unavailable as required by Code Section 19.2-327.11
2848031 Lenard Davis v. Commonwealth 12/14/2004
Trial court did not err in finding evidence sufficient to support appellant's conviction for assault on a police officer where evidence proved officer was engaged in performance of his public duties
0840034 John David McBride v. Commonwealth 12/07/2004
Court finds invited error doctrine precludes review of issue of whether trial court erred in not instructing jury on without the use of force in appellant's convictions of carnal knowledge
0900041 Daren Earl Boedeker v. Heather Ann Larson 12/07/2004
No error in trial court's decision that a portion of husband's military career status bonus was marital property subject to division under the parties' separation agreement
0966041 Tex Tech Industries, Inc. and Charter Oak Fire Insurance Company v. Darlene Ellis 12/07/2004
Commission did not err in finding evidence sufficient to support claimant's CTS arose out of and in the course of her employment and did not result from causes outside the employment
3042031 Robert Thomas Hoyt v. Commonwealth 12/07/2004
Trial court erred in denying appellant's motion to strike the abduction and related firearm charge as the abduction was incidental to appellant's commission of robbery
0439041 Melvin G. Perry v. Tom Delisle, t/a R & T Construction and Uninsured Employers' Fund 11/30/2004
Commission erred in finding evidence sufficient to conclude that appellee did not regularly employ three or more persons and was not within the coverage of the Workers' Compensation Act
0819044 Apple Construction Corporation and Erie Insurance Exchange v. Orn Billy Sexton 11/30/2004
No error in commission's finding that appellants did not provide adequate evidence to warrant a compulsory change in appellee's treating physician
1831031 Shawn Rachine Maye v. Commonwealth 11/30/2004
No error in trial court's determination that police executed a search warrant in compliance with the "forthwith" requirement of Code Section 19.2-56 or in finding evidence sufficient to support appellant's convictions for possession of a firearm and possession of cocaine with intent to distribute
2174032 William White, Jr. v. Commonwealth 11/30/2004
Trial court erred in excluding all evidence related to appellant's mental condition and sanity at time of offense
2767031 Johnny B. Sharpe, s/k/a Johnny Bernard Sharpe v. Commonwealth 11/30/2004
Trial court did not err in denying appellant's motion to suppress as appellant failed to establish a legitimate expectation of privacy
0596043 Linda Cavuoto v. Buchanan County Department of Social Services 11/23/2004
Trial court erred in ordering appellant to undergo a medical examination and evaluation without making the necessary finding under statute that appellant was incapable of making an informed decision regarding her health
1325024 Janice Larue Orndorff v. Commonwealth 11/23/2004
Trial court erred in refusing to grant appellant a new trial based on after-discovered evidence that appellant suffered from a psychiatric disorder that rendered her legally insane at the time of the offenses
1415034 David Alan Stevens v. Commonwealth 11/23/2004
Rehearing En Banc granted
1734034 Phillip Morris Washington v. Commonwealth 11/23/2004
Rehearing En Banc granted
2439031 Carlton Harden Cherry v. Commonwealth 11/23/2004
Trial court did not err as probable cause and exigent circumstances existed to permit a warrantless entry of the residence to prevent the destruction of evidence and to effect the warrantless seizure of that evidence
2913031 Curtis Sam McCray, a/k/a Curtis McCray v. Commonwealth 11/23/2004
Trial court did not err as appellant's convictions did not violate the speedy trial statute.
3067033 Victor Ray McAlevy v. Commonwealth 11/23/2004
Trial court did not err in finding removal of stolen property by an innocent purchaser can be imputed to appellant to satisfy asportation element of grand larceny
3248034 Karen M. Cirrito v. Thomas J. Cirrito 11/23/2004
Trial court did not err in its determination that appellant had the burden to prove the cause of an increase in value of assets and in finding that jointly titled property was not gifted; trial court did err in its determination of payment to appellee pursuant to a non-compete agreement, in refusing to award child support retroactive, and in ordering appellant to produce expert reports
2422043 In Re: Edward Ralph Adams 11/16/2004
Petition for a Writ of Actual Innocence dismissed where petitioner has proffered no evidence that was previously unknown or unavailable as required by Code Section 19.2-327.11
2836034 Djuana Cooper v. Alf Adler, M.D., et al. 11/16/2004
No error in Commission's decision finding appellant does not have an independent right or remedy against specified appellees for her emotional distress associated with the birth of her son
0182044 Stephanie D. Long Akers v. Fauquier County Department of Social Services 11/09/2004
No error in trial court's order terminating appellant's parental rights to child; trial court did not err in ruling that DSS did not have to afford appellant services after goal changed to adoption; trial did not err in finding that the requirements of Code Section 16.1-382(C)(1) and (2) were proved; trial court did not err in considering child's preferences.
2325031 Demetrius Lamont Neely v. Commonwealth 11/09/2004
Trial court erred in finding that it did not have jurisdiction under Code Section 19.2-303 to consider a motion to modify sentence while the defendant was in the custody of the Federal Bureau of Prisons; trial court also erred in ruling that Rule 1:1 deprived it of jurisdiction to entertain defendant's motion to modify his sentence.
0509031 James Ervin Holley v. Commonwealth of Virginia 11/02/2004
Trial court did not err in finding evidence sufficient to convict appellant for attempted malicious wounding of a law enforcement officer
1999034 James Edward Jackson v. Commonwealth of Virginia 11/02/2004
Trial court did not err in finding Code Section 4.1-322 does not violate Eighth or Fourteenth Amendments and in convicting appellant of possession of alcohol by an interdicted person
2560034 Charles McArthur Corbin v. Commonwealth of Virginia 11/02/2004
Trial court did not err in finding appellant guilty of driving under the influence; trial court erred in not considering Code Section 46.2-398 and matter remanded to trial court for appropriate action
2720032 Eric Maurice Smith v. Commonwealth of Virginia 11/02/2004
Trial court did err in finding evidence was sufficient to prove appellant's operator's license was revoked and that appellant had notification of that revocation as required by statute
2724032 Paul William Mangano v. Commonwealth of Virginia 11/02/2004
Court finds evidence not sufficient to support convictions of felony child abuse and misdemeanor reckless handling of firearm
2746033 Wilbert Taylor, Sr. v. Commonwealth of Virginia 11/02/2004
Trial court did not err in denying appellant's motion to be sentenced under 2003 amended version of Code Section 18.2-308.4 rather than version in effect at time of offense
0227043 In Re Kyle Wade Meador, etc., et al. v. Virginia Birth-Related Neurological Injury Program 10/26/2004
No error in commission's interpretation of Birth-Related Neurological Injury Compensation Act and its finding that Act was inapplicable to the unique circumstances presented in this case where child was born at home and then transported to hospital
1734034 Phillip Morris Washington v. Commonwealth 10/26/2004
Trial court erred in finding that felony convictions, which were needed to invoke Code Section 19.2-297.1, were admissible at guilt stage of trial as element of conviction of malicious wounding under Code Section 18.2-51
1847032 Sharron Kelson v. Commonwealth 10/26/2004
No error in trial court's denial of motion to suppress where appellant's arrest for trespassing was neither unconstitutional nor illegal and drugs were found as result of search while in jail
1415034 David Alan Stevens v. Commonwealth 10/19/2004
Trial court did not err in permitting prosecution of aggravated involuntary manslaughter charge, admitting the hospital toxicology report, or in refusing appellant's proffered jury instructions; evidence was sufficient to support conviction
2244044 In Re: Herman Cephus Newman 10/19/2004
Petition for writ of actual innocence dismissed where civil adjudication as an habitual offender does not qualify under statute as a felony conviction and petitioner's argument challenging validity of statutes leading to his adjudication is not evidence entitling petitioner to relief
0605034 Steve Frederick Walshaw, s/k/a, etc. v. Commonwealth 10/12/2004
Judgment of trial court affirmed where Court finds short form of indictment informed appellant of nature and cause of accusation against him and trial court did not err in granting/refusing instructions to jury
0084043 Dewey Cecil Baldwin v. Mary Florence Matherly Baldwin 10/05/2004
No error in trial court's finding that the agreement of the parties predated the cohabitation bar of statute and appellant has no statutory right to terminate spousal support and as agreement does not authorize termination on cohabitation grounds, appellant has no contractual right to terminate spousal support
1829044 In Re: Hiep Bui 10/05/2004
Petition for writ of actual innocence dismissed where matters presented for consideration were matters that could have been raised on appellate review and petitioner has not demonstrated that no rational trier or fact could have found him guilty
2043043 In Re: Howard Frank Neal 10/05/2004
Petition for writ of actual innocence dismissed where legal arguments advanced by petitioner are not "evidence" entitling him to relief under statute and certificate of analysis was not evidence previously unknown or unavailable to petitioner
1576021 Karing Bethel Medley v. Commonwealth 09/21/2004
On rehearing en banc, judgment of trial court affirmed as no trial court error in refusing to suppress evidence
1827032 Estate of Lewis R. Hackler v. Janice W. Hackler 09/21/2004
No error in trial court's appointment of a conservator pursuant to Rule 4:12; as divorce action abated upon the death of husband, every proceeding ancillary to it was also abated and divested trial court of jurisdiction to make further determinations
0985033 Kenneth Samuel Moses v. Commonwealth 09/14/2004
Rehearing En Banc granted
1696043 In Re: Samuel Richard Rhodes 09/14/2004
Petition for writ of actual innocence dismissed where petitioner's argument pertains to the legal effect to his case of one of this Court's opinions issued subsequent to his conviction rather than previously unknown or unavailable non-biological evidence
1739032 Jonathan Kirk Haskins v. Commonwealth 09/14/2004
Evidence sufficient to support appellant's convictions of possession of cocaine and possession of a firearm while possessing cocaine
1739042 In Re: Wendell Wilson 09/14/2004
Petition for writ of actual innocence dismissed where documentation accompanying petition indicates that petitioner pled guilty to the charges pursuant to a plea agreement
1919042 In Re: Gary Lamont Walker 09/14/2004
Petition for writ of actual innocence dismissed as two psychological reports upon which petitioner bases his claim were known to and provided to petitioner's trial attorney at the time convictions became final in the trial court
2782034 The Uninsured Employer's Fund v. Gregory Peters 09/07/2004
Commission erred in invoking doctrine of imposition to uphold appellant's unilateral suspension of benefits in violation of Rule 1.4(C); matter remanded to commission for further proceedings
2897033 Berglund Chevrolet, Inc., et al. v. Richard Lee Landrum 09/07/2004
Evidence supported commission's findings that claimant's sexual dysfunction was a compensable consequence of his workplace injury, that statute of limitations did not apply and that equitable doctrine of laches did not bar award
0394022 Curtis Darnell Hilliard v. Commonwealth 08/31/2004
Upon rehearing en banc, convictions reversed and remanded to trial court for further proceedings as denial of motion to suppress as it relates to certain statements was error
2338031 Mattaponi Indian Tribe, etc. v. CW, Dept. of Environmental Quality, et al. 08/31/2004
Commonwealth's motion to dismiss on sovereign immunity grounds dismissed; trial court decision regarding VAPA issues affirmed; part of judgment pertaining to non-VAPA issue transferred to Supreme Court of Virginia
2469031 Alliance to Save the Mattaponi, et al. v. CW, Dept. of Environmental Quality, et al. 08/31/2004
Commonwealth's motion to dismiss on sovereign immunity grounds dismissed; no error in trial court's decision in this case
2581031 Mattaponi Indian Tribe, etc. v. Virginia Marine Resources Commission, et al. 08/31/2004
As trial court's order was not a final order and falls outside this Court's interlocutory jurisdiction, this appeal is dismissed without prejudice
2700031 Alliance to Save the Mattaponi, et al. v. Virginia Marine Resources Commissin, et al. 08/31/2004
As the trial court's order was not a final order and falls outside this Court's interlocutory appellate jurisdiction, this appeal is dismissed without prejudice
1893031 Tyrone L. Waters v. Commonwealth 08/24/2004
Conviction of malicious wounding by mob affirmed as doctrine of res judicata did not prohibit conviction; no error in trial court's findings regarding competency evaluation of co-conspirator and in allowing another co-conspirator to invoke right against self-incrimination
1461034 Naheed Saeed Morrill v. Clarence Grant Morrill, II 08/17/2004
Trial court erred in reopening record to consider issue heard by commissioner in chancery; equitable distribution award vacated and matter remanded to trial court for reconsideration
1559032 Richard A. Cutright v. Commonwealth 08/17/2004
No error in trial court's refusal to dismiss DUI charge because the Commonwealth only gave appellant one laboratory to choose from to perform an independent blood analysis
2200032 Joshua Davis Kyer v. Commonwealth 08/17/2004
No error in trial court's refusal to suppress evidence obtained as a result of warrantless entry into home pursuant to community caretaker exception to warrant requirement
0803032 Douglas W. Styles, Jr. v. City of Colonial Heights 08/10/2004
Appeal dismissed as this Court does not have jurisdiction to entertain grievance procedure established by locality
0985033 Kenneth Samuel Moses v. Commonwealth 08/10/2004
Convictions of indecent exposure reversed where evidence did not prove an obscene display or obscene exposure
3100022 Jennifer Lea Widdifield v. Commonwealth 08/10/2004
On rehearing en banc, judgment of trial court affirmed on procedural grounds
2216031 Kelly Marie Logan v. Commonwealth 08/03/2004
No error in trial court's refual to dismiss felony conviction of delivering marijuana to a prisoner under double jeopardy principles
2359033 Steven R. Hoebelheinrich v. Nancy A. Hoebelheinrich 08/03/2004
No error in trial court's award to wife of one-half share of medical practice, spousal support arrearages, spousal support and certain other sums from marital estate
2615034 Donna Cleveland v. Food Lion, LLC #0578 and Risk Management Services, Inc. 08/03/2004
No error in commission's finding that injury did not arise out of and in course of employment
2924031 Pamela A. Spriggs v. Darrell Spriggs 08/03/2004
Error in trial court's finding that portion of divorce decree which provided court retain jurisdiction to equitably distribute property of parties rendered invalid by absence of language in decree finding that bifurcation was necessary
2925031 Pamela A. Spriggs v. Darrell Spriggs 08/03/2004
Error in trial court's finding that portion of divorce decree which provided court retain jurisdiction to equitably distribute property of parties rendered invalid by absence of language in decree finding that bifurcation was necessary
3096031 Bay Concrete Construction Company, Inc., et al. v. Frankie Oreal Davis 08/03/2004
No error in commission's refusal to certify award for an action at law in the circuit court
2384024 Samuel L . Farnsworth v. Commonwealth 07/27/2004
No error in trial court's finding that appellant's West Virginia conviction was proper predicate conviction for possession of a firearm by a convicted felon charge
2947034 Angela A. Navas v. Segundo Navas 07/20/2004
Error in trial court's finding that proposed QDRO was inconsistent with final divorce decree
1276034 Andy Dale Hitt v. Commonwealth 07/13/2004
Conviction for statutory burglary reversed and dismissed where Court finds that definition of dwelling house does not extend to include rooms or compartments within a private dwelling house which do not constitute separate residences in and of themselves
2157034 Phillip L. Artis v. Ottenberg's Bakers, Inc. and Reliance National Indemnity Co. 07/13/2004
Rehearing En Banc granted
2182033 Angela M. Hodges v. Commonwealth, Dept. of Social Services, ex rel., etc. 07/13/2004
Trial court's decision upholding administrative support order requiring appellant to reimburse Divison for benefits extended on behalf of her minor child affirmed; Code Section 63.2-1908 does not preclude assessment of debt against appellant
0372033 Richard Ruleman Hughes, Jr., Shannon Wayne Hughes & Shawn William Hughes v. CW 07/06/2004
Evidence is sufficient to support jury's finding of guilt; trial court did not err in rejecting appellants' self-defense instructions
1658013 Thomas Clayton Baldwin, Sr. v. Commonwealth of Virginia 07/06/2004
Appellant's convictions affirmed as trial judge had authority to enter order staying and suspending imposition of sentences and had authority to grant relief sought if trial judge found evidence warranted relief
1668013 Thomas Clayton Baldwin, Sr. v. Commonwealth of Virginia 07/06/2004
Appellant's convictions affirmed as trial judge had authority to enter order staying and suspending imposition of sentences and had authority to grant relief sought if trial judge found evidence warranted relief
2037032 Jihad Abdul Fox v. Commonwealth of Virginia 07/06/2004
No error in trial court's denial of motion to suppress as Court finds that custodial arrest and transportation complied with Code Section 19.2-74 and that search was lawful
2289013 Thomas Clayton Baldwin, s/k/a, etc. v. Commonwealth of Virginia 07/06/2004
No error in trial court's refusal to suspend additional portions of appellant's sentences
2291013 Thomas Clayton Baldwin, s/k/a, etc. v. Commonwealth of Virginia 07/06/2004
No error in trial court's refusal to suspend additional portions of appellant's sentences
2902032 Amelia Sand Company, et al. v. Michael E. Ellyson 07/06/2004
No error in commission's finding that appellee's depression was a consequence of his compensable injury and that appellee's treatment for pain was reasonable, necessary and causally related to his injury
2995033 Willie Carl Emberton, Sr. v. White Supply & Glass Company, et al. 07/06/2004
No error in decision of commission awarding employer a credit against a hospital bill incurred by appellant prior to third-party recovery but not paid at time of third-party recovery
3165023 Sherry D. Yopp v. Danny Lee Hodges 07/06/2004
Court finds that appellant's failure to serve guardian ad litem is not fatal in this case as Hughes is disinguishable; Court finds on merits that trial court did not err in awarding visitation to maternal grandparents
1823033 Virginia Employment Commission/Commonweatlh of Virginia v. Rhonda Hale 06/29/2004
No credible evidence supports the commission’s finding, decision reversed and dismissed.
1487032 Robert Keith English v. Commonwealth of Virginia 06/22/2004
Appellant falsely assumed or pretended to be a law enforcement officer and violated Code § 18.2-174.
3017023 Lloyd Wilson Smith v. Commonweatlh of Virginia 06/22/2004
No trial court error, appellant failed to present witnesses to testify on his behalf.
1133032 James Darrell West v. Commonwealth of Virginia 06/15/2004
Trial court did not err in convicting appellant of driving under the influence, involuntary manslaughter, and aggravated involuntary manslaughter.
1367032 Jebrail Jefferson, s/k/a Jibrail Lamont Jefferson v. Commonwealth of Virginia 06/15/2004
No error in the denial of appellant's motion to quash the indictment.
3171034 Basement Waterproofing & Drainage, et al v. John Eric Beland 06/15/2004
The evidence was sufficient to support the only rationale for claimant's fall and injury was caused by a risk or hazard unique to his workplace.
0078021 Tarik H. Hudgins v. Commonwealth of Virginia 06/08/2004
Appellant's acquittal on the robbery indictment acted as an acquittal of the lesser-included offense of larceny and the Double Jeopardy Clause barred the subsequent attempt to convict appellant of grand larceny from the person.
0196032 Elizabeth Thomas Edmonds v. Commonwealth of Virginia 06/08/2004
Because the trial court did not indicate that it was taking judicial notice of the fact that the warrant gave appellant notice of the hearing, it deprived her of the "opportunity to be heard either to dispute the 'fact' or to object to the court's action."
0225031 Donald E. Pearson v. Commonwealth of Virginia 06/08/2004
The trial court did not abuse its discretion in admitting the certificate of blood analysis into evidence.
0471031 Jason Jermaine Emerson v. Commonwealth of Virginia 06/08/2004
Evidence presented is sufficient to prove beyond a reasonable doubt that appellant possessed the cocaine with the requisite intent to distribute it.
1961032 Allen Brown v. Spotsylvania Department of Social Services 06/08/2004
No error in the circuit court terminating appellant's parental rights.
2403033 Leonard Monroe Smith, Jr. v. Tonya Fenn Young Smith 06/08/2004
The court erred in refusing to enforce the prenuptial agreement, but finding no fault with the court's distribution of the martial home or award of fees.
2488032 Mary Carwley v. Harold Ford 06/08/2004
Without evidence, or a proper record of proceedings during which the agreement was made, this Court simply cannot conduct an examination of the circumstances in order to determine whether the trial court erred.
3211021 Paul Donald Washington v. Commonwealth of Virginia 06/08/2004
The evidence was sufficient to prove beyond a reasonable doubt the elements of the offense.
0482032 Jeffrey A. McKnight v. Work Environment Associates and Travelers 06/01/2004
No error in decision of commission finding employer entitled to an offset against its future workers' compensation liability for amount of appellant's recovery from a third party tortfeasor
0977032 Brandon Lavon Lewis v. Commonwealth of Virginia 06/01/2004
Trial court did not err in failing to grant mistrial or in overruling objection to improper impeachment testimony; one count of attempted robbery is reversed and dismissed as evidence not sufficient to sustain conviction
2157034 Phillip L. Artis v. Ottenberg's Bakers, Inc. and Reliance National Indemnity Co. 06/01/2004
Error in decision of commission denying appellant's claim for post- termination disability benefits; matter remanded to commission to calculate amount of benefits
2272024 Charles Allen Breeden v. Commonwealth of Virginia 06/01/2004
Trial court did not err in finding evidence sufficient to support convictions or in admitting witness' recent complaints of rape
0664032 Brian Allman, s/k/a Brian P. Allman v. Commonwealth of Virginia 05/25/2004
The evidence was insufficient to prove his language was obscene, reversing and dismissing his conviction without considering whether he acted with intent to harass.
0885031 Kevin K. Strout v. City of Virginia Beach 05/25/2004
The Court cannot harmonize the local and state provisions because the Virginia Beach ordinance establishes a penalty, which exceeds the penalty "prescribed by general law for" the "like" offense; conviction reversed.
0886031 Derek Lee Nisbet v. City of Virginia Beach 05/25/2004
The Court cannot harmonize the local and state provisions because the Virginia Beach ordinance establishes a penalty, which exceeds the penalty "prescribed by general law for" the "like" offense; conviction reversed.
1581032 Denna Kaye Myers v. Commonwealth of Virginia 05/25/2004
The trial court erred in finding the evidence sufficient beyond a reasonable doubt to convict appellant of grand larceny and possession of a firearm by a felon; conviction reversed and dismissed.
1366032 Jennifer Lynn Sawyer v. Commonwealth of Virginia 05/18/2004
Evidence supports the trial court's conclusion that appellant failed to prove she was physically unable to submit to a breath test. In the absence of such proof, appellant was not entitled to a blood test.
1529031 Lavar A. Slade v. Commonwealth of Virginia 05/18/2004
The totality of the circumstances provided the magistrate with a substantial basis to find the probable cause justified the search.
1574032 Floyd Gordon Clements v. Commonwealth of Virginia 05/18/2004
No error Commissioner complied with the mailing requirement of Code § 46.2-352(A).
1910033 Judy Boyd v. People, Inc. and North American Speicality Insurance Company 05/18/2004
The Commission's determination that employer's application did not violate Commission Rule 1.4 was not in error.
2303022 Charles Bernard Custalow v. Commonwealth of Virginia 05/18/2004
Evidence sufficient, appellant was properly excluded from the reservation, trespassing conviction affirmed.
1176034 Louis P. Courembis v. Sylvia L. Courembis 05/04/2004
The trial court's allocation of the assets was supported by the evidence and the law; case remanded to the trial court for an award of attorney's fees to wife.
1204034 Joan E. Davis Jones v. Robert M. Davis 04/27/2004
The trial court erred in allowing credit for non-conforming payments in this case where no agreement as to child support existed between the parties and no petition for modification of support was pending during the period for which credits were awarded. Case is reversed and remanded with direction that a judgment be entered against father for arrearages.
1797023 Alvin Kurt Williams v. Commonwealth of Virginia 04/27/2004
A conviction under the statute required proof only that appellant made a willfully false material statement on the registration form and did not require proof that the form apprised him such a statement would constitute election fraud.
1689034 Damien Budnick v. Cynthia H. Budnick 04/20/2004
The trial court did not err in adopting the commissioner's report; in its equitable distribution award, including a separate monetary award to wife; in its refusal to impute income to wife; or in its award of attorney's fee to wife.
0701034 Gregory William Sullivan v. Karen Ann Jones, f/k/a Karen Ann Knick Sullivan 04/13/2004
No error in the trial court's visitation order.
0829034 Williams Steel Erection Company, Inc. v. Department of Labor and Industry 04/13/2004
The Circuit Court of Prince William County applied the wrong legal standard to the exercise of its discretionary powers. Case is reversed and remanded with direction to entertain appellant's Motion for Leave to File an Amended Complaint seeking to substitute VAC's name as a party-respondent.
1090031 Trinity Mateo Walker v. Commonwealth of Virginia 04/13/2004
The trial court did not err in denying appellant's motion to strike the evidence.
1197031 Patrick Thomas Wolfe v. Commonwealth of Virginia 04/13/2004
The prosecution of appellant for felony child abuse and neglect was valid.
1938034 Judith Marie Watkins v. Fairfax County Department of Family Services 04/13/2004
As appellant failed to properly and timely note her appeal with respect to the guardian ad litem, an indispensable party in this case, this court is without jurisdiction appeal is dismissed.
2273023 John Milton Seaton v. Commonwealth of Virginia 04/13/2004
Sufficient evidence of intimidation exists to support appellant's robbery conviction.
0930031 Madrid Elsworth Williams v. Commonweath of Virginia 04/06/2004
Evidence was sufficient to prove appellant possessed cocaine with the intent to distribute it. Police properly impounded the vehicle appellant was driving because he could neither produce proof of ownership nor a valid driver's license.
0167032 William Adderson Jarrett v. Commonwealth of Virginia 03/30/2004
No error in the trial court's conclusion that Unknownuser was not a government agent.
2305031 Kjellstron & Lee, Inc, et al v. Frank J. Saunders 03/30/2004
The commission did not err in finding injury arose out of and in the course of the peculiar conditions of claimant's employment.
2563022 Michael Anthony Carter v. Commonwealth of Virginia 03/30/2004
Upon rehearing en banc, evidence sufficient to convict appellant of assault.
1190022 John William Reeves v. Commonwealth 03/23/2004
Appellant failed to prove an irregularity in the impaneling of the jury panel, the trial court did not err in denying his motion for a new trial.
2784022 Dwayne Earl Branch v. Commonwealth 03/23/2004
No error in trial court's determination of guilt, appellant was convicted of a felony and thereafter, knowingly and intentionally purchased, and consequently possessed, the firearm.
1602034 William B. Anderson v. Elizabeth A. Anderson 03/16/2004
The trial court did not err in fashioning its equitable distribution award.
0023033 Hospice Choice, Inc. and Legion Insurance Company v. Hayes O'Quin 03/09/2004
Appellant's May 4, 2001 claim invoked the jurisdiction of the commission and that the subsequent amendments to his claim were properly allowed.
0718031 David Gordon Bragg v. Commonwealth of Virginia 03/09/2004
Evidence supports the trial court's finding that appellant entertained a separate and distinct intent to commit the various acts of embezzlement.
2082031 Patrick W. Finnerty, Director, Virginia Dept' of Medical Assistance Services v. Thornton Hall, Inc. 03/09/2004
The trial court, therefore, correctly found that DMAS failed to make its initial determinations within the four-year limitation period set forth in Code § 32.1-325.1:1(B).
2614022 John Bernice Vester v. Commonwealth of Virginia 03/09/2004
Appellant was not entitled to collaterally attack the validity of his previous misdemeanor DUI convictions;DUI conviction affirmed.
2819022 Steven Lawrence Sykes v. Commonwealth of Virginia 03/09/2004
The trial court properly applied the rebuttable presumption of Code § 18.2-183 in finding appellant guilty of issuing the five bad checks.
0931031 Norfolk Division of Social Services v. Simonia Hardy 03/02/2004
No error in the trial court's determination that the best interest of the children would be served by not terminating mother's parental rights, and by allowing them to stay in the stable environment of foster care,is supported by the evidence.
0973031 Lakira Shameka Hardy and Larissa Shanta Hardy by their Guardian ad litem v. Simonia Hardy 03/02/2004
No error in the trial court's determination that the best interest of the children would be served by not terminating mother's parental rights, and by allowing them to stay in the stable environment of foster care,is supported by the evidence.
2091032 James Francis Green, Jr. v. Keil Plumbing and Heating, Inc., et al 03/02/2004
This Court has no jurisdiction to consider these issues under the circumstnces of this case, and thus dismiss appellant's appeals.
2335032 James Francis Green, Jr. v. Keil Plumbing and Heating, Inc., et al 03/02/2004
This Court has no jurisdiction to consider these issues under the circumstances of this case, and thus dismiss appellant's appeals.
2728022 Paul David Newman v. Ellen Renee Newman 03/02/2004
Upon Rehearing En Banc no error in denying husband's "Motion to Eliminate and/or Reduce" his contractual obligation to pay spousal support.
0377022 Sharon C. Boyd v County of Henrico 02/24/2004
On Rehearing En Banc convictions affirmed
0380022 Dianna Lee White v County of Henrico 02/24/2004
On Rehearing En Banc conviction affirmed
0381022 Donna Jean White v County of Henrico 02/24/2004
On Rehearing En Banc conviction affirmed
1575022 Marcus Anthony Hunt v Commonwealth 02/24/2004
Upon a Rehearing En Banc
1719021 Delio Anzualda, Jr. v Commonwealth 02/24/2004
TC erred in refusing to suppress seized evidence
0497034 Azam Mohammed Khan v Commonwealth,Auctioneers Boar 02/17/2004
Decisions were properly authorized; no due process was impaired
0498034 Park Royal Galleries, Ltd. v Auctioneers Board 02/17/2004
Decisions were properly authorized no due process was impaired
2092024 Brian David Luttrell v Commonwealth 02/17/2004
No err in finding no ex post facto law violation
2184024 Ty Chandler Guda v Commonwealth 02/17/2004
Evidence sufficient to prove custodial/supervisory relationship
0553034 James Henry Fisher v Commonwealth 02/10/2004
Impoundment was lawful and inventory search of vehicle was proper
2344022 Cornelius Lorenzo Spencer v Commonweath 02/10/2004
Evidence supports appellant exerted force in carjacking
3002021 Andre Copeland v Commonwealth 02/10/2004
No error evidence supports convictions
3016022 Russell Adam Pelletier v Commonwealth 02/10/2004
No err:In dog trailing evidence or excluding proffered testimony
3309024 James Henry Fisher v Commonwealth 02/10/2004
Impoundment was lawful and inventory search of vehicle was proper
0762034 Kevin Christopher Kelly v Commonwealth 02/03/2004
Evidence sufficient to support involuntary manslaughter
1700021 Brenda Parker v Commonwealth 02/03/2004
No error in the denial of motions; conviction is affirmed
3142024 Daniel Emmett DeAvies v Kathy Lynn De Avies 02/03/2004
No error in the award of spousal support
8888881 Cases Appealed to the Supreme Court 02/03/2004
2335022 J.D. v Commonwealth 01/28/2004
TC did not err in denying the motion to suppress
3387023 Shirley Correll v Commonwealth 01/28/2004
Evidence sufficient to support abuse or neglect
0034034 Darrell A. Wheeler v Cathleen N. Wheeler 01/20/2004
No error; relocation was in the best interest of the children
0481032 Genesis Health Ventures,et al v Patricia P. Pugh 01/20/2004
No error application did not comply with commission's Rule 1.4(E)
1614032 Lawrence E. McFadden v The Carpet House, et al 01/20/2004
Commission erred in construing Code 65.2-520 to allow credit
0103021 Nicko Bazemore v Commonwealth 01/13/2004
Upon rehearing en banc convictions affirmed
0143033 Jesse Donald Richardson, s/k/a v Commonwealth 01/13/2004
No error appellant failed to provide a sufficient proffer
0399032 Central Va. Obstetrics,et al v Lawanda P. Whitfiel 01/13/2004
Act did not apply to child's injury; no statutory immunity
0400032 Chippenham & Johnston-Willis v Va. Birth-Related 01/13/2004
Act did not apply to child's injury; no statutory immunity
0707032 Edward A. Vasaio v Dept. Motor Vehicles,Commonweal 01/13/2004
No error appellant's motorcycle is a motor vehicle
2018023 Eldridge Frank Via, s/k/a v Commonwealth 01/13/2004
Appellant's convictions of sodomy and incest are affirmed
3041023 Amanza James Pollino, s/k/a v Commonwealth 01/13/2004
No error prosecutor's statements were not improper
3386022 Patricia A. Princiotto v Robert P. Gorrell, Jr 01/13/2004
No error in tc decision regarding child support payments
0606022 Ronnie L. Jones, s/k/a v. Commonwealth 01/06/2004
No err:Pleading no contest admitt or agree the facts are true
0897033 Jimmy D. Harrison, Sr. v. Tazewell Dept. Social Sv 01/06/2004
Convincing evidence supports parental rights termination
0865034 Mark Five Construction Company v Daniel Gonzalez 12/30/2003
No err:Appellant had three or more employees in serv. in Virginia
1666023 Stephen Michael McCary v Commonwealth 12/30/2003
No err:Notices were correctly sent as required by statute
1748023 Matthew Thomas Ziats, s/k/a v Commonwealth 12/30/2003
TC did not have jurisdiction;decision reversed & remanded
2380012 7-Eleven, Inc f/k/a v Dept'. Environmental Quality 12/30/2003
Upon a Rehearing En Banc decision reversed and remanded
0051031 Ruben E. Martinez v Commonwealth 12/23/2003
No err in the denial of motion to suppress statements to police
1028033 Sandra Reed Hale v Donald Eugene Hale 12/23/2003
TC error:Wife entitled to share of husband's 401(k)
1311023 Diana Marie Austin v Commonwealth 12/23/2003
No err:Appellant was under the jurisdiction of the circuit court
1375033 Ronnie Eugene Tucker v Donna S. Wimer, et al 12/23/2003
No tc error:Appellant was not entitled to a committee
1462003 Barney Johnson v Commonwealth 12/23/2003
TC did not err in refusing to give cautionary instruction
1544033 Darlee Firth Shelton Fowlkes v Winford C. Fowlkes 12/23/2003
TC erred in determining that any marital property existed
0076033 Craig John Petry v Roseann Petry 12/16/2003
TC did not err in allowing wife to move with her children
0621033 Virginia Louise Steadman v Liberty Fabrics, Inc. 12/16/2003
No error claimant's evidence insufficient to support claim
0630031 Linda M. Hall v Winn-Dixie Stores, Inc. 12/16/2003
Commission erred using a per se standard
2751024 Virginia Imports Limited v Kirin Brewery of Americ 12/16/2003
Affirmed in part;reversed & remanded to tc to remand to ABC Board
3140023 Ewell James Owens v Thelma Josephine Wade Owens 12/16/2003
No tc error in the equitable distribution award
0161031 Sharon A. Smith v Harold E. Smith, Jr. 12/09/2003
TC decision reversed contract not subject to judicial modifying
0893031 Randy Wayne Marshall v Craft Forklift, Inc., et al 12/09/2003
No error credible evidence supports commission's findings
2846011 Lolita Edwards v Commonwealth 12/09/2003
No tc error evidence supports both convictions
3022021 John Byrd Nelson v Commonwealth 12/02/2003
No err in denying motion for merger of the indictments
0822034 Alice Joyce Gallahan v Free Lance Star Publishing 11/25/2003
Commission did not err finding supporting documents sufficient
2799021 John Anthony Holmes v Commonwealth 11/25/2003
No err evidence sufficient to support conviction
2910021 David Wayne Smith v Commonwealth 11/25/2003
No err in refusing motion to suppress
1434024 Frances F. Vinson v. William E. Vinson, Sr. 11/18/2003
No tc error in awarding sanctions against appellant.
2423023 Richard D. Crowder, II v Commonwealth 11/12/2003
Evidence did not prove value of property destroyed, case remanded
3306024 Georgia Michele Hatloy v Matthew David Hatloy 11/12/2003
Evidence support the decision to reduce the child support award
0555022 James Edward Knight, III v Commonwealth 11/04/2003
Evidence sufficient to support capital murder conviction
1237023 George Halcott Norman, III v Commonwealth 11/04/2003
Evidence insufficient to support habitual offender conviction
2017022 Timothy J. Parker, s/k/a v Commonwealth 11/04/2003
No trial court error by the admission of hospital records
2259022 James Gangga Brooker v Commonwealth 10/28/2003
Evidence proved beyond a reasonable doubt code violation
2668022 John Ian Mitchell v Commonwealth 10/28/2003
Commonwealth's evidence was sufficient to prove forcible sodomy.
3346022 Robert C. Mulvey v Maurice A. Jones, et al 10/28/2003
Evidence supported the agency's findings injury not accidental
1575022 Marcus Anthony Hunt v Commonwealth 10/14/2003
Order granting Rehearing En Banc
2512013 Shakeva Quarleat Frazier v Commonwealth 10/14/2003
Decision on Rehearing En Banc
2563022 Michael Anthony Carter v Commonwealth 10/14/2003
Order granting Rehearing En Banc
2966021 Terry Alan Jacobsen v Jacqueline Elizabeth Jacobso 10/07/2003
No err incorporating parties' stipulation and property settlement
3191012 Vernon Dove v Commonwealth 10/07/2003
Embezzlement conviction reversed and indictment dismissed
1883012 Damon Lynn Banks v Commonwealth 09/30/2003
No tc error evidence sufficent to support conviction
2808021 John A. Lanzalotti v Cathy Lynn Lanzalotti 09/30/2003
TC err: failure to communicate decision;case remanded to tc
3156021 C.S. v Virginia Beach Dept. Social Services 09/30/2003
TC error:Termination of parental rights is reversed and remanded
0097022 Verlie Marion Word, Jr. v Commonwealth 09/16/2003
Revocation affirmed;violation of probation reversed
1230022 Jeffrey Scott Roberts v Sonja Knipe Roberts 09/16/2003
Evidence sufficient to support modification of support
0802022 Dept. Medical Assistance Svc v Beverly Healthcare 09/09/2003
Trial court's judgment is affirmed in part, reversed in part.
1401024 Kenneth Carl Brooks v Commonwealth 09/09/2003
No err in denial of motion for a mistrial
3410012 Keith Marvelle Taylor et al v Commonwealth 09/02/2003
No tc error in the denial of motion for a new trial
0547022 Tyrone Orlando Peyton v Commonwealth 08/26/2003
No abuse of discretion in revocation of suspended sentence
0581021 Amy Jean Barrett (Clark), s/k/a, v Commonwealth 08/26/2003
No error in convictions of two counts of felony child abuse
2969014 Hugo Alexander Sanchez v Commonwealth 08/26/2003
Trial court erred in denial of additional funds for DNA expert
2970014 Hugo Alexander Sanchez, a/k/a, etc v Commonwealth 08/26/2003
No reversible error in carjacking conviction
3168022 Laura M Kane v Robert W Szymczak, II 08/26/2003
Trial court failed to comply with Code 20-124.3 requirements
3174022 Robert W Szymczak, II v Laura M Kane 08/26/2003
No error in denial of atty fees and assessment of gal fee
2900024 Metro Washington Airports et al v Thomas E. Lusby 08/19/2003
No err: claimants illness contributed to his employment
1186024 Roy Lee Sellers v Commonwealth 08/05/2003
No error in the denial of motion to suppress statement
2954022 Steven L. White v Redman Corporation et al 08/05/2003
Commission did not err in finding claimant not entitle to award
2983022 Robert L. Watts, Sr. v P & J Hauling, Inc. et al 08/05/2003
No err claimant had a duty to market his residual work capacity
3100011 Demetrius Kelly v Commonwealth 08/05/2003
Evidence sufficient to prove possession and intent to distribute
3377023 Est of Leon Abbott Kiser et al v Pulaski Furniture 08/05/2003
No err:employer satisfied the "not reasonably available" standard
2224022 Robert White, Jr. v Commonwealth 07/29/2003
Tc erred in admitting polygraph results;revocation order reversed
2975012 Shirley R. Rhodes s/k/a v Commonwealth 07/29/2003
Tc err: refusing to instruct the jury on heat of passion
3238011 Jerald Lorenzo Jackson v Commonwealth 07/29/2003
No error in the denial of suppession motion
0230032 M. G. v Albemarle County Dept. Social Services 07/22/2003
Evidence sufficient to support termination of parental rights
3218013 Donald Robert Pilcher v Commonwealth 07/15/2003
The "rape shield law" is not an ex post facto law (Revised. 08/20/2003)
2292022 Clinton C. Quesenberry, s/k/a v Commonwealth 07/08/2003
No error: flare gun falls within definition of "firearm"
2498024 Fairfax County School Board v Judith L. Humphrey 07/08/2003
No error finding claim was timely filed
3093022 Joanne E. Lucas v Federal Express Corporation 07/08/2003
No error: evidence supported commission's findings
3389011 William P. Robinson, Jr. v Commonwealth 07/08/2003
No error:tc was not bound by the constraints of Code 18.2-456
1913022 Adrian Edwardo Slayton v Commonwealth 06/24/2003
No error in denial of pretrial suppression motion
2436022 Thomas Eddie Tatum v Va Dept of Agriculture, etc 06/24/2003
TC erred in reversing decision to reinstate appellant
0325022 Marc Andre Schwartz v Commonwealth of Virginia 06/17/2003
No tc error: appellant did not fall under J & DR jurisdiction
1214022 Andrea K Griffin v Elbert Eddie Griffin 06/17/2003
TC error: in granting visitation order
2899024 Kenneth R Fox v Wendy R Fox 06/17/2003
No tc error in denial of motion seeking relief
0335022 Mustafaa Johnson v Commonwealth 06/10/2003
Failure to grant hearing on newly discovered evidence proper
2443023 L G v Amherst County Department Social Services 06/10/2003
Error in termination of parental rights
2512013 Shakeva Quarleat Frazier v Commonwealth 06/10/2003
Order granting rehearing en banc
1036022 Jamil Mohammad Raja v Commonwealth 06/03/2003
Appellant's conviction of stalking is affirmed
3040012 Bryan Keith Page v Commonwealth 06/03/2003
Principles of collateral estoppel and double jeopardy don't apply
3442012 Gregory Tyrone Alston v Commonwealth 06/03/2003
No error in denial of motion to suppress marijuana seized
0366022 Francesca Hardesty v Samuel Hardesty 05/27/2003
On rehearing en banc, judgment to trial court is affirmed
2235021 Charles G Watts, Jr v Linda E Watts 05/27/2003
Error in part in divorce decree appealed from
0016022 Steven M Goad, MD v Virginia Board of Medicine 05/20/2003
Evidence did not support finding of unprofessional conduct
0180024 Jorge Isaac Samudio-Perez, s/k/a, v Commonwealth 05/20/2003
Denial of mistrial for juror prior contact with officer proper
0256022 Robert C Johnson v Commonwealth 05/20/2003
Evidence proved child victim unable to testify in person
1279022 Dayomic Jackie Smith v Commonwealth 05/20/2003
Convictions reversed due to improper comments during voir dire
1708022 John Terry Dugger v Commonwealth 05/20/2003
For purposes of statutes, appellant exercised sufficient control
2489023 Taylor Hope Wolfe, etc v Va Birth-Related, etc 05/20/2003
Case remanded to determine if claimant entitled to presumption
2631021 City of Newport News DSS v Jeanette Winslow 05/20/2003
Trial court improperly applied law to facts of case
3297014 James C Thomas, Jr v Sandra L Thomas 05/20/2003
Error in part in equitable distribution award; also U opinion
2801012 Orillion Denver Craddock v Commonwealth 05/13/2003
Refusal to suppress evidence obtained from strip search proper
0277022 Quinton Cary v Commonwealth 05/06/2003
No error in denial of motion to suppress juvenile's confession
1123023 Powhatan Corr Cntr v Virginia G Mitchell-Riggleman 05/06/2003
Decision vacated and remanded as VWCC did not comply with statute
1497022 Trent Blackson v Andrea Lee Blackson 05/06/2003
Evidence supported finding trial court acquired jurisdiction
1769022 Jerome Lecory Montague v Commonwealth 05/06/2003
Evidence supported conviction of unauthorized use of vehicle
2260013 Charles Douglas Riner v Commonwealth 05/06/2003
Convictions of first degree murder, arson and petit larceny affd
1313023 Robert Daniel King, a/k/a, etc v Commonwealth 04/29/2003
No error in declaring mistrial as Commonwealth had co-equal right
2498013 Charles Steve Allison v Commonwealth 04/29/2003
Tolling provision triggered; trial court could revoke probation
2628012 John Londono v Commonwealth 04/29/2003
No error in convictions of transporting heroin and conspiracy
3170013 Lawrence Kevin Blevins v Commonwealth 04/29/2003
No error in denial of motions to suppress or for mistrial
2553023 Dept. of Mental Health, etc v Walter H Horner 04/22/2003
Error in order reinstating Horner to former position
2930011 Kenneth L Jackson, s/k/a, etc v Commonwealth 04/22/2003
Upon a hearing en banc, judgment reversed and remanded
0146022 Robert Bruce Cairns v Commonwealth 04/15/2003
No reversible error in appellant's convictions
0334021 Lafate Kingsbur, III v Commonwealth 04/15/2003
No error in finding handgun appellant possessed was a firearm
0961023 Hubert Nowlin v Commonwealth 04/15/2003
No error in admitting wife's statement into evidence
1957004 Vahid Mohajer v Commonwealth 04/15/2003
On rehearing en banc, convictions affirmed
0078021 Tarik H. Hudgins v Commonwealth 04/08/2003
Rehearing en banc granted
0229021 Sherman L Wilson, s/k/a, etc v Commonwealth 04/08/2003
Prior requisite conviction for habitual offender proved
0522022 John Rhodes Congdon,Jr v Mary Evelyn Davis Congdon 04/08/2003
No error in spousal support award despite admitted adultery
1078021 Francisca Louis, s/k/a, etc v Commonwealth 04/01/2003
Evidence did not support conviction of defraud innkeeper
2071024 Dennis G King v Marian R King 04/01/2003
Trial court's award of 1999 tax refunds is reversed
2161021 Brenda O Clements v Riverside Walter Reed Hospital 04/01/2003
Error in decision terminating compensation award
2524012 Eugene Harry Proctor, III v Commonwealth 04/01/2003
No reversible error in convictions of murder, etc.
0105021 Coleman Eugene Benton v. Commonwealth of Virginia 03/25/2003
No error in denial of motion to suppress statements
0736024 Justin Jay Garcia v Commonwealth 03/25/2003
Evidence sufficient to prove felony obstruction of justice
1018021 Michael J Vanhook v Commonwealth 03/25/2003
No trial court error in denial of motion for severance
1710012 Johon Henry Agee v Commonwealth 03/25/2003
Evidence sufficient to prove assault on law enforcement officer
1758021 Mark S Allen v Southern Commerical Repair, et al 03/25/2003
No error in finding failure to market residual earning capacity
2078014 Jose Rodriguez v Commonwealth 03/25/2003
Certification without transfer hearing not violation of rights
2681014 Ivelis Lily Crest v Commonwealth 03/25/2003
No error in reckless driving conviction
3243011 Danny Lee Bradbury v Commonwealth 03/25/2003
Trial court erred in failing to strike juror for cause
0079021 Gerry Carlton Askew v Commonwealth 03/18/2003
Evidence supported finding of intent to distribute cocaine
0625022 Erie Lawrence v Commonwealth 03/18/2003
Trial court erred in denying motion to suppress
0690024 Karen Lynn Alger v Commonwealth 03/18/2003
No error in finding Code prohibited possession of shotgun in home
0382023 Matthew Raymond Shropshire v Commonwealth 03/11/2003
Evidence didn't establish elements of grand larceny false pretens
0487021 Franklin Roosevelt Lamb v Commonwealth 03/11/2003
Error in imposing additional term of post-release supervision
1598022 Dane Brown, t/a, etc, et al v Dane B Brown 03/11/2003
No error in calculation of average weekly wage for sole proprieto
1727023 Clinchfield Coal Company v Farrell D Reed 03/11/2003
Award for coal workers' pneumoconiosis affirmed
1767023 John H Pound v Dept of Game and Inland Fisheries 03/11/2003
No error in finding Pound not eligible for benefits under VaLORS
0078021 Tarik H Hudgins v Commonwealth 03/04/2003
Collateral estoppel barred subsequent attempt to convict
2536012 Herbert Eugene Oliver v Commonwealth 03/04/2003
No blood test from unconscious person doesn't mandate dismissal
0223021 Arthur Lee Carter, Jr v Commonwealth 02/25/2003
Trial court erred in not granting continuance to appellant
0481021 Martin Levette Hines v Commonwealth 02/25/2003
No error in conviction of five separate counts of forge document
1168023 Mondell H Washington v United Parcel Service, etal 02/25/2003
No error in finding no benefits or penalty should be awarded
2113023 Ralph Steve Mullins, s/k/a, etc v Commonwealth 02/25/2003
Review of order requiring medical treatment barred by Rule 5A:18
3445013 Terry McClellan v Commonwealth 02/25/2003
Convictions regarding operation and sale of goat cheese affirmed
1585012 Barbara Patterson v City of Richmond 02/19/2003
Evidence proved barking dogs were public nuisance
2380012 7-Eleven, f/k/a, v Dept of Environmental Quality 02/19/2003
Rehearing en banc granted from December 10, 2002 opinion
3186012 Robert Michael Carfagno v Commonwealth 02/19/2003
Evidence proved assault of victims because of their race
0889023 Thomas Tyler Wright v Commonwealth 02/11/2003
Evidence proved reckless disregard for human life
2578002 Frank Clifton King, Jr v Commonwealth 02/11/2003
Maliciously shooting within occupied dwelling conviction affirmed
2885012 Bobby Ray Barkley v Commonwealth 02/11/2003
No error in trial court's denial of suppression motion
1615012 Christopher Edward Harris v Commonwealth 02/04/2003
On rehearing en banc, judgment of trial court affirmed
2677012 Bobby Morrell Patterson v Commonwealth 02/04/2003
Trial court erred in refusing to strike juror for cause
0367022 Mark Thomas Hulcher v Commonwealth 01/28/2003
Concealment statute includes items not offered for sale
2446012 John Paul Patterson v Commonwealth 01/28/2003
Trial court lacked jurisdiction to modify sentence under Rule 1:1
0493023 Blue Ridge Market of Va, Inc v Philmon H Patton 01/21/2003
Aggravation of pre-existing disease by injury compensable
1255023 Cecil William Ratliff, Jr v Carter Machinery Co 01/21/2003
Denial of request for penalty for late payment proper
2997012 Thomas Clinton Mouberry v Commonwealth 01/21/2003
Trial court instruction on mandatory minimum sentence proper
0839011 Christopher Charles Gaines v Commonwealth 01/14/2003
Rehearing en banc - firearm conviction affirmed
1047024 Daniel Joseph Ferguson v Christine Aylor Grubb 01/14/2003
No error in incorporating JDR court order into final order
2817011 Eric Cherron Jones v Commonwealth 01/14/2003
Panel rehearing granted in part and new opinion issued
3078002 Thomas Michael Holsapple v Commonwealth 01/14/2003
Rehearing en banc - conviction affirmed
0399024 Razieh Shoustari v Ali A Zamani 12/31/2002
No error in trial court's denial of award of spousal support
0778024 Avalon Assisted Living, etc v Zofia A Zager, etc 12/31/2002
Board lacked authority to to modify use group classification
0820024 State Building Code Review Board v Zofia Zager,etc 12/31/2002
Board lacked authority to modify use group classification
1098021 Eloise H Cuffee-Smith v Commonwealth 12/31/2002
Appellant not eligible for electronic home monitoring program
2014012 Anthony L McFarland v Commonwealth 12/31/2002
No error in trial court's conclusion it lacked jurisdiction
0512024 Reinadlo D Leitao, Jr, s/k/a, etc v Commonwealth 12/17/2002
Trial court properly imposed remainder of suspended sentence
0890014 Daniel Covington Hughes v Commonwealth 12/17/2002
Trial court did not err in sentencing juvenile appellant
1924011 Joseph Leroy Bryant v Commonwealth 12/17/2002
No error in denial of motion to suppress based on testimony
2450014 Melvin H Tomes, Jr v James City (County of) Fire 12/17/2002
Failure to prove first claim does not bar second claim
2853014 Virgina Dep't of State Police v James C Barton 12/17/2002
Appellee failed to prove any law hearing officer contradicts
0492024 Andrea Marie Frey v Gunston Animal Hospital, et al 12/10/2002
Error in denial of claim for reimbursement for rabies injections
1961011 Sherron Milton Ricks v Commonwealth 12/10/2002
No error in admitting evidence of flight subsequent to offense
2761003 Merry Christine Pease v Commonwealth 12/10/2002
On Rehearing En Banc, judgment of trial court is affirmed
0826014 Thomas Horace Alsberry v Commonwealth 12/03/2002
No error in revocation of suspended sentence
1254024 Henrico Division of Fire v Estate of William Woody 12/03/2002
Employer denied statutory right to rebut presumption
2815014 Antonio Frederick King v Commonwealth 12/03/2002
Error in trial court's denial of motion to suppress
0847023 Grayson (County of) School Board v Doris G Cornett 11/26/2002
Award of benefits proper for injury sustained in fall from bus
1191023 VFP, Inc, et al v Berle Shepherd 11/26/2002
Evidence supports finding that injury arose out of employment
2891013 Alexander Wayland Hudson a/k/a, etc v Commonwealth 11/26/2002
No error in denial of motion to dismiss based on speedy trial
2893014 Roland Anthony Evans v Commonwealth 11/26/2002
Error in denying motion for hearing without adequate investigatio
2912003 Benjamin Wayne McCracken v Commonwealth 11/26/2002
On rehearing en banc all convictions are affirmed
3338013 Randall J Keyes, s/k/a, etc v Commonwealth 11/26/2002
No error in conviction of sending a threatening letter
0746021 Vivian T Shackelford v Garland T Shackelford 11/19/2002
No error in determination of awards in final decree
0839024 Curtis Bois v Huntington Blizzard et al 11/19/2002
No error in finding employer not subject to Act
2241011 Robert M Drew v Commonwealth 11/19/2002
No error in refusal to dismiss indictment after it was amended
2723013 William R Shenk v Brenda C Shenk 11/19/2002
No error in finding assignment was a marital agreement
3027011 Kenneth Edward Campbell v Commonwealth 11/19/2002
Evidence proved Commonwealth had concurrent jurisdiction
3325013 Carol Lynn Northcutt v Jackey Ray Northcutt 11/19/2002
No error in support and equitable distribution order
0209021 John Maurcelle Law v Commonwealth 11/12/2002
Law's conduct did not violate plain language of bribery statute
2858004 Bobby Joe Leonard v Commonwealth 11/05/2002
No error in refusal to dismiss for prosecutorial vindictiveness
0099024 Yosuf Mir v Zarlasht Mir 10/29/2002
Error in amount of income imputed to appellant
2534014 Evan John Casey Coyne v Commonwealth 10/29/2002
Prosecution not barred by collateral estoppel
0366022 Francesca Hardesty v. Samuel Hardesty 10/22/2002
Granted rehearing en banc order added to original opinion.
0628014 Rita Kathleen Bradley v Roger Wayne Bradley 10/22/2002
No error in entry by trial court of QDRO
1874013 Clarence Jay Lynch v Commonwealth 10/15/2002
No error in denial of motions to suppress and for judge to recuse
2114013 Larry Wayne Inge v Commonwealth 10/15/2002
Evidence proved appellant armed with deadly weapon on entry
2667013 Tracy Antonio Davis v Commonwealth 10/15/2002
Evidence sufficient to prove appellant had possession of firearm
2124992 Diation Lamonte Langhorne, s/k/a, v Commonwealth 10/01/2002
Order entered upon remand from Supreme Court of Virginia
2053011 James W. Waters, Jr v Commonwealth 09/24/2002
No error in instruction of jury
1947012 Volkswagen of America, Inc v Asbury W. Quillian, 09/17/2002
No error in ruling Volkswagen violated Code 46.2-1569(7)
1145011 Barry Francis Neff, Jr. v Commonwealth of Virginia 09/10/2002
Double jeopardy & res judicata did not bar indictment/prosecution
3427014 Pro-Football Inc.&Gulf Insurance Co. v Tito J.Paul 09/03/2002
No error in finding injury compensable in Va and award benefits
0017024 Gregory William Sullivan v Karen Ann Knick, etc 08/27/2002
No evidence to support move out of state in child's best interest
0462002 Kip Edward Bailey, s/k/a, etc v Commonwealth 08/27/2002
No speedy trial violation and appellant's behavior waived counsel
0938011 Barry Turner v Commonwealth 08/27/2002
Predicate offense of housebreaking not a violent felony
1195014 Carl Burnes Gordon v Commonwealth 08/27/2002
Argument regarding venue waived as not raised before trial
1293011 Kareen Latif Edwards v Commonwealth 08/27/2002
No error in denial of motion to suppress
1564011 Sue Ann Mc Cullough v Commonwealth 08/27/2002
No error in determining amount of and ordering restitution
1566012 Jerry Deon Smith v Commonwealth 08/27/2002
No error in failure to notify father of juvenile proceedings
1884012 Corey Vernell Oliver v Commonwealth 08/27/2002
Error in basing revocation on act prior to sentencing
3241011 Deloris Purvis, et al v Porter Cabs, Inc, et al 08/27/2002
Evidence establishes decedent was employee of Porter Cabs
3431012 Lena Robertson,etc. v. E.I. DuPont de Nemours & Co 08/27/2002
Correction to appellee's counsel's name
0133021 Ginger Lynn Heath v Jeffrey Burton Heath 08/20/2002
No error in holding no spousal support because no exception filed
0164021 K & G Abatement Company, et al v Thomas E Keil et 08/20/2002
As death arose out of employment, no error in award of benefits
1374014 Gerardo Ramos Diaz v Commonwealth 08/20/2002
Circuit court order superseded and abrogated district court order
1518012 Leon Thomas Harris v Commonwealth 08/20/2002
No error in denial of motion to suppress as search lawful
1933011 Michael Edward Benyo v Commonwealth 08/20/2002
Evidence sufficient to support rape of stepdaughter convictions
2027014 B P v Commowealth 08/20/2002
No error in holding jdr court had authority to issue order
2062011 Demetrius Deangelo Askew v Commonwealth 08/20/2002
No error in holding violation of statute requires mandatory term
2854004 M Morgan Cherry & Associates, Ltd v Natalie Cherry 08/20/2002
No error in trial court's award of judgment against appellant
2937012 Carla Sturtz, etc v Chesapeake Corp of Va, et al 08/20/2002
No award of benefits where death outside statute of limitations
3220014 Motor Vehicle Dealer Board v Joey L Morgan 08/20/2002
Board had no authority to retry issues decided in civil judgment
3235011 Newport News Shipbuilding, etc v Steven Lawrence 08/20/2002
No error in commission's award of benefits
3245014 Joey L Morgan v Motor Vehicle Dealer Board 08/20/2002
Morgan not entitled to atty's fees as Board substantially justifi
0206022 Kenneth P Thompson v Brenco, Inc, et al 08/13/2002
Denial of benefits for change of condition application proper
0408002 Arthur C Krieger, II v Commonwealth 08/13/2002
motion for court-appointed counsel and free transcripts denied
1113011 Corey Parrish v Commonwealth 08/13/2002
no error in allowing child victim's testimony by closed circuit
1918014 Akak, Corp., s/k/a, etc. v Commonwealth 08/13/2002
error in determining collateral estoppel barred relitigation
2470012 S P Terry Company, Inc, et al v Jorge Rubinos 08/13/2002
Benefits proper when claimant required to exceed work restriction
2651012 Jose Luis Arvizu v Archie D Gold, et al 08/13/2002
error in ordering claimant to execute release to obtain info
3154011 Sharon Finan Lehman v David Michael Lehman 08/13/2002
no error in sustaining demurrer to bill of complaint
0846012 George Linwood Stevens, Jr., a/k/a, etc. v CW 08/06/2002
Evidence proved specific intent to use vehicle as weapon
1430011 Derrick Edward Helmick v Commonwealth 08/06/2002
No error in first degree murder conviction
1946011 Kader Mustafa Murgrabi, s/k/a, etc v Commonwealth 08/06/2002
Evidence proved intent to defraud in two counts of const fraud
2228012 Gary L. Foster v Commonwealth 08/06/2002
No error in accomodation defense argument decided by judge
2327004 SAMUEL MARCELUS ESSER V COMMONWEALTH 07/30/2002
victim's statement to mother admissible as excited utterance
3158014 DANNY LEONARD LAM V KAWNEER COMPANY INC 07/30/2002
no benefits as no loss of wage w/out filing of app to terminate
1020014 Dwayne Stuart McCarter v Commonwealth 07/23/2002
no TC error in admitting into evidence Notice of Alibi Defense
3121014 Atlas Plumbing/Mechanical, Inc v Jerry Lee Lang 07/23/2002
WCC did not error in finding Jerry Lang job refusal justified
2424004 Allen Sheler v Commonwealth 07/09/2002
Error in robbery, abduction, use of firearm conviction
0340012 Richard Lee Ragsdale v Commonwealth 07/02/2002
no double jeopardy violation; carnal know. not lesser-included
1342012 Henry Magruder Williams v Commonwealth 07/02/2002
sufficiency of evidence to establish 2 prior dui convictions
1583012 Francis Vincent Utsch v Julie Andrews Utsch 07/02/2002
equitable distribution re award of one half of marital residence
1887002 Antonio Lamont Kidd v Commonwealth 07/02/2002
suff.of evidence/motion to suppress poss. of cocaine with intent
1595014 Cecilio DeLeon v Commonwealth of Virginia 06/25/2002
TC err:refusal to grant motion to strike for cause manifest error
1175014 Clifford E. Wright v Sallie D. Wright 06/18/2002
No TC err: spousal support; case remanded for award of atty fees
2606011 Albert Clayton White v Jacquelyn Theresa White 06/11/2002
No TC error: entry of order amending divorce decree
2080012 Charles H. Baker v Mildred B. Baker 06/04/2002
TC err:reverse entry of QDRO;case remanded forQDRO w/final decree
1026012 James Darren Wactor v Commonwealth of Virginia 05/28/2002
Evidence suff.to support conviction for object sexual penetration
1503012 Harold Vincent Corbin v Commonwealth of VA 05/28/2002
TC order denying appellant's motion/strike master jury list aff'd
1594012 Tommie L. Tucker (s/k/a Tucker,Jr.) v. Commonwealt 05/28/2002
Conviction aff'd; evidence sufficient.
1898014 Kenneth R. Owens v York Co. Fire & Rescue, et al. 05/28/2002
WCC decision aff'd; claim did not meet req. of Section 65.2-406.
2372012 Jennifer Miederhoff v Patrick Miederhoff 05/28/2002
Judgment aff'd in part, reversed in part and remanded.
0592014 Ricardo Lloyd Thomas v Commonwealth of VA 05/21/2002
Conv. rev'd & remanded; evid. insufficient to establish venue.
1397001 Derek Elliott Tice v Commonwealth of VA 05/21/2002
Convs. rape/capital murder rev'd/remand; TC error in jury instruc
1439014 Noel J. Albert v Cynthia G. Albert 05/21/2002
Decision aff'd re: denial of motion to modify child suppt/visit
1529014 Adnan Bchara v Marja Kaarina Bchara 05/21/2002
Dec. aff'd in part and reversed in part re: property settlement.
1987014 Noel J. Albert v Cynthia G. Albert 05/21/2002
Dec. aff'd re: denial of motion to modify child support & visit.
0009014 Joel R. Jones v Commonwealth 05/14/2002
Convs. embezzlement aff'd; no err. admitting evidence/testimony.
1664012 Kenneth Martin Walls v Commonwealth of VA 05/14/2002
Conv. aff'd; information re: mandatory min. sentence irrelevant.
1772012 Michael B. Peacock v Browning Ferris, Inc. 05/14/2002
WCC denial of request for review of benefits reversed/remanded.
2610013 Lee Co. School Board et al. v Kitty Sue Miller 05/14/2002
WCC award of benefits to claimant aff'd; Carpal Tunnel compensabl
0631014 Victor Hugo Frontanilla v Commonwealth of VA 05/07/2002
Convs. aff'd; no TC error in denying motion for a new trial.
0379013 Kenneth Charles Cleveland v Commonwealth of VA 04/30/2002
Conv. driving while having status of habitual offender affirmed.
2816003 James E. Watts a/k/a Jimmy Dobson v Commonwealth 04/30/2002
Conv. forging a public document affirmed; no Miranda violation.
0145014 Rezene Mehart Zigta (s/k/a/ Mehrt) v Commonwealth 04/23/2002
Motion to w/draw guilty plea denied; no TC abuse of discretion.
0265013 Terry Lynn Holley v Commonwealth of VA 04/23/2002
Conv. indecent lib. w/ child aff'd; evidence sufficient/convict.
0975011 Maurice Saunders v Commonwealth of VA 04/23/2002
Convs. aff'd; no error in compliance w/ 19.2-164 re: translators.
2090013 Virginia Hahn Torian v Robert Ray Torian 04/23/2002
TC's equitable dist. and spousal support awards affirmed.
2750011 Kim Branch Harris v Va. Beach General Hosp. et al. 04/23/2002
WCC denial of reinstatement of suspended benefits aff'd.
0176001 Paul Trevor Asby v Commonwealth of Virginia 04/16/2002
On remand from SCV,opinion previously rendered WD;casetransferred
0257011 Sidney Kavinchi Johnson v Commonwealth of Virginia 04/16/2002
No TC err:disparate nature of acts saves prosecution from 19.2294
0577014 Rose E. Smith v Ellis H. Smith 04/16/2002
TC err:judgment reversed and case remanded for equit.distribution
0891011 Melvin Carter v Commonwealth of Virginia 04/16/2002
No TC err: convictions affirmed along with mandatory punishment
1035014 Hongyi Zhou v Bo L. Zhou 04/16/2002
Appeal dismissed as not timely filed
1226001 Bennie E. Leavell, Jr., et al. v Commonwealth ofVA 04/16/2002
On remand from SCV,opinion previously rendered WD;casetransferred
2041012 CW, DSS, DCSE, Spotsylvania CO DSS v Fletcher 04/16/2002
No TC error:Term.of parental rights also terminated parental supp
0538004 Kevin Mark Sabo v Commonwealth of VA 04/09/2002
Conv. attempted malicious wounding aff'd; dissent by J. Benton.
0638013 Jerri Lynn Scearce v Commonwealth of VA 04/09/2002
Conviction reversed and case remanded; no foundation/admit/state.
0998012 Charles Dean Lawson v Commonwealth of VA 04/09/2002
Conv. failing to appear for show cause hearing rev'd; dismissed.
1996002 Carlos Demetrius Minor s/k/a v Commonwealth of VA 04/09/2002
On remand from SCV, 7-3-2001 opinion w/drawn; transferred to SCV.
2341002 James Donnell Thomas v Commonwealth of VA 04/09/2002
Conv. rev'd; indictment dismissed; no probable cause to arrest.
2427012 Lowes of Short Pump Virginia v James D. Campbell 04/09/2002
WCC award aff'd; case remanded to assess additional costs/appeal.
0015012 Lerone Darnell Toliver v Commonwealth of VA 04/02/2002
Conviction reversed and remanded to correct clerical errors.
0172012 Ricky Lee Yellardy v Commonwealth of VA 04/02/2002
Robbery conviction affirmed; no error in denying motion to sever.
0402012 Sulaymaan Al-Karrien v Commonwealth of VA 04/02/2002
Conv. poss. cocaine rev'd/dismissed; no probable cause to search.
1311974 Lars James Hanson v Commonwealth of Virginia 04/02/2002
Previous opinion is withdrawn, mandate vacated; matter remanded
0143012 Carlton William Arnold v Commonwealth of VA 03/26/2002
Conviction 2nd degree murder aff'd; no err in refusing mans. inst
0329012 Charles L. Landes v Commonwealth of VA 03/26/2002
Conviction fraudulent conversion farm machinery affirmed.
0361012 Harold Oscar Rose, Jr. v Commonwealth of VA 03/26/2002
Conv. habitual offender/2nd/subsequent affirmed; No TC error.
0706011 Albert Ferguson Thomas v Commonwealth of VA 03/26/2002
Conv. possession firearm by convicted felon affirmed.
0851012 Nancy Jackson Bazzle v Shelton Wayne Bazzle 03/26/2002
Judgment aff'd; no TC err in applying merger doc. or term. suppt.
1298014 Todd Berner, M.D. et al v Scott & Tara Mills 03/26/2002
No WCC err in granting double recovery re: wrongful death statute
1338012 Sharon Marie Crockett v Ronnie and Sabrina McCray 03/26/2002
Final adoption order rev'd/remanded; Req. of 63.1-219.19 not met.
1891012 County of Henrico Police v James Isaac Medlin, Jr. 03/26/2002
WCC award/benefits aff'd; incapacitation from work-rel heart dis.
2092011 Sturgis L. Kidder v Va. Birth-Related Neurological 03/26/2002
WCC denial of benefits aff'd; no err in considering late response
2264011 Agnes V. Lanning v VA Department of Transportation 03/26/2002
WCC decision reversed and case remanded for further proceedings.
2290011 Paul Johnson v Paul Johnson Plastering et al. 03/26/2002
WCC denial of perm. total disability aff'd in part/remand in part
0929011 Mark B. Johnson v Commonwealth of Virginia 03/19/2002
Conv. interfering with aircraft aff'd; evid. suff. to convict.
1106001 Antwoin Renard McNair v Commonwealth of Virginia 03/19/2002
Upon rehearing en banc, conv. rev'd and case remanded/new trial.
1480984 Michael Megel v Commonwealth of Virginia 03/19/2002
On remand from Supreme Ct. conv. aff'd; consent issue barred.
1604011 Adrian (Andrien) O'Brian Morning v Commonwealth 03/19/2002
Conv. 2 counts carnal know./minor aff'd; no err deny motion/strik
2063012 H.J. Holz & Son et al. v Mathilda K. Dumas-Thayer 03/19/2002
WCC award aff'd; treatment provided by employer inadequate.
2699002 Marquis Lovelle (ska Lavelle) White v Commonwealth 03/19/2002
Conv. 2nd deg. murder aff'd; denial motion/dismiss not erroneous.
3051001 Douglas Robert Kenyon v Commonwealth of Virginia 03/19/2002
DUI conv. aff'd; no error denying mot/suppress on doub.jeop grnds
0516012 Charles Anthony Birdsong v Commonwealth of VA 03/12/2002
Conv. poss. cocaine w/ intent dist. aff'd; evid sufficient.
0925011 Penny Ange v York/Poquoson Dept. of Social Svcs. 03/12/2002
Term. of parental rights rev'd/remanded; TC abused discretion.
1053011 Warren M. Councill v Commonwealth of VA 03/12/2002
DUI conv. aff'd; College police have juris./non-campus property.
2127004 Michael Eugene Donati v Commonwealth of Virginia 03/05/2002
Evidence sufficient to support conviction for perjury
2233002 Timothy Alan Pearson, Sr. v Commonwealth of VA 03/05/2002
No TC err:questioning of witness of knowledge of prior record,etc
2525004 Oscar G. Goodhand v Dawnie Kildoo,f/k/a D.Goodhand 03/05/2002
Evidence supported best interest of child
0818002 Christopher Bruhn v Commonwealth of Virginia 02/26/2002
Upon Rehearing En Banc, conviction reversed/indictment dismissed
2626001 Phillip Jerome Murphy v Commonwealth of Virginia 02/26/2002
No TC error: denial of motion to suppress/convictions affirmed
1806001 Jorge Manuel Leal v Commonwealth of VA 02/19/2002
Rev'd & remanded; TC err by denying prof. inst. on assault/batt.
0024012 Thomas William Brown v Commonwealth of VA 02/12/2002
Convs. for robbery and att. carjacking aff'd; evidence sufficient
2085001 Travis Wesley Andrews v Commonwealth of VA 02/12/2002
Convs. robbery/abduction aff'd; no error in denying mot. suppress
2390004 Richard Anthony Smoot v Commonwealth of VA 02/12/2002
Conv. for poss. marijuana while prisoner aff'd; no discovery err.
2973001 Eugene Wilkins v Commonwealth of VA 02/12/2002
Convs. 2 cts. poss/cocaine aff'd; appellant properly Mirandized
0020011 Lolita Renee Davis v Commonwealth of Virginia 02/05/2002
TC err:failing to grant motion to supp.; remand for further proce
0656011 Travis Lamont Pope v Commonwealth of Virginia 02/05/2002
No TC err: cons.sent.guidelines used juvenile robbery conviction
0870014 Yellow Freight Systems, Inc. v Sharon Robinson 02/05/2002
No WCC err: WC properly applied compensable consequences to cond.
1648004 Manuel Walston v County of Arlington 02/05/2002
No TC err: denying appellant's motion to strike evidence as insuf
2824004 Pablo T. Dossola v Commonwealth of Virginia 02/05/2002
Evidence sufficient to support trial judge's finding of prob.viol
0062011 James Russell Royal v Commonwealth of VA 01/29/2002
Bench conv. of poss. cocaine reversed; no prob. cause to search.
0222013 Charles Patrick Goodman v Commonwealth of VA 01/29/2002
DUI and Agg. Vehicular Invol. Mansl. convictions affirmed.
0275014 Pro-Football, Inc., et.al. v Jeffrey A. Uhlenhake 01/29/2002
WCC award aff'd; foot injury is compensable; knee injury is not.
0326014 Jeffrey A. Uhlenhake v Pro-Football, Inc. et. al. 01/29/2002
WCC award aff'd; foot injury is compensable; knee injury is not.
0529014 Devin M. Coffey, An Infant v VA Birth-Rel. Neurolo 01/29/2002
WCC decision affirmed in part, reversed in part and remanded.
1670001 Robert C. Gray (s/k/a Grey) v Commonwealth of VA 01/29/2002
Conv. of taking indec. lib. w/ child affirmed; no double jeopardy
1188013 Lowes of Christiansburg, VA v Jennifer D. Clem 01/15/2002
WCC award affirmed; claim not barred by doctrine of res judicata.
2071001 James C. Summerlin v Commonwealth of Virginia 01/15/2002
No TC err in admit. evidence & finding it sufficient to convict.
2358002 Skelly and Skelly v Hertz Equipment Rental Corp. 01/15/2002
Upon Rehearing en Banc, WCC judgment affirmed.
2543002 Kevin N. Hargraves v Commonwealth of Virginia 01/15/2002
TC err in denying motion to suppress; reversed and case remanded.
2953001 Brian Lee Morrison v Commonwealth of Virginia 01/08/2002
Correction to page 7;first sentence of 2nd paragraph s/b mens rea
0098004 Francis E. Shoup v Heidi S. Shoup 12/27/2001
Upon Reh. En Banc, dec. aff'd in part, rev'd in part, remanded.
2838001 Bruce Lamarr Sykes v Commonwealth of Virginia 12/27/2001
No TC error in denying motion to suppress evid. found in search
0458012 CW/Central VA Training Center v Dorothy M. Cordle 12/18/2001
No WCC err:medical evidence proved causal connection b/w injuries
1701004 Faye E. Walson v Robert C. Walson 12/18/2001
TC err in finding wife's atty had apparent auth. to execute agmt
1903001 Eric Orlando Staton v Commonwealth of Virginia 12/18/2001
Upon Rehearing En Banc, judgment of trial court affirmed
2970002 Dion Randolph Willis v Commonwealth of Virginia 12/18/2001
No TC err: didn't deny speedy trial or err in instructing jury
1434001 Antoine Spain v Commonwealth of Virginia 12/11/2001
Upon Rehearing, CAV does not have jurisidiction; case transferred
2673001 Carl Anthony McCray, Jr v Commonwealth of Virginia 12/11/2001
No TC err: evidence establishes credit union was "banking house"
0899011 Newport News Shipbuilding and Dry Dock v M. Holmes 12/04/2001
No WCC error: properly limited employer's right of recoupment,etc
2259002 Dane Lesley Chase v Commonwealth of Virginia 12/04/2001
No TC err:Fed. due process rights not violated/breath test proper
1354003 Carol Bowyer Johnson v Commonwealth of Virginia 11/27/2001
Upon Rehearing En Banc, jdgmnt of TC is affirmed unanimously
2269003 Jeffrey Wayne Byers v Commonwealth of Virginia 11/20/2001
No TC err: refusing jury instr.re: poss.of FA for self-defense
2395002 Donald Gene Brown v Commonwealth of Virginia 11/20/2001
No TC err: allowing test.of victim's stepmom per recent complaint
2524001 Mario Udasco Dalo v Commonwealth of Virginia 11/20/2001
No TC err:no viol.of double jeopardy;involuntary manslaughter aff
1714003 Jason Sanders Wolfe v Commonwealth of Virginia 11/13/2001
No TC err:considering test.portion of pre-sent.rpt;evid.prop.admi
2246003 Darnell Anthony Wesley v Commonwealth of Virginia 11/13/2001
No TC err: denying mtn to supp.;ckpt passed constitutional muster
2317003 Joel Lovelace v Commonwealth of Virginia 11/13/2001
No TC error re: denial of motion to suppress evidence
0872011 Princess Anne Builders, Inc., et al. v Faucette 11/06/2001
No WCC error re: PAB was clmt's statutory employer; clmt disabled
0264014 Boys and Girls Club, et al. v Keith Marshall, etc 10/30/2001
No WCC err:Marshall's unexplained death arose in course of employ
0827011 Demarco Antonio Green v Commonwealth of Virginia 10/30/2001
Order transferring case to Supreme Court of Virginia
1644011 Aaron E. Williams v Commonwealth of Virginia 10/30/2001
Order transferring case to Supreme Court of Virginia
2276003 Harold D. Crislip v Commonwealth of Virginia 10/30/2001
No TC err: appellant not legally entitled to resist arrest
2378002 John H. Rollins, s/k/a John Henry Rollins v CW 10/30/2001
No TC err:breath test administered OK;cert.of analysis admissible
0228014 Great Northern Nekoosa Corp., et al. v Larry Wood 10/23/2001
Evid. suff. to support that Wood is permanently unemployable
1982002 William Michael Humphrey v Commonwealth of VA 10/23/2001
TC err: defense of necessity remains available; entitled to instr
2854991 Kevin Michael Potts v Commonwealth of Virginia 10/23/2001
Upon Rehearing En Banc, judgment of trial court affirmed
1783001 John H. Hill, Jr. v Commonwealth of Virginia 10/16/2001
Hill's resp.to illegal det.& search was reasonable;conv.dismissed
2204001 Walt Sabol, Jr. v Commonwealth of Virginia 10/16/2001
TC err:May 1990 conviction; No TC err: Fall of 1990 conv.; remand
2802001 Collin W. Whitaker,s/k/a Collin Wayne Whitaker vCW 10/16/2001
No TC err:warrant good;detention permissible;illegally seized;
0234012 Massey Builders Supply etc v Waverly Gerald Colgan 10/09/2001
No WCC err: documents claimant filed contained sufficient inform.
1970001 Frederick Smallwood, s/k/a v Commonwealth of VA 10/09/2001
TC err: error not harmless in jury hearing about insurance policy
3075002 Chippenham & Johnston-Willis Hosp. v E.A. Peterson 10/09/2001
TC err: Chippenham was not entitled to participate; remanded
2344001 Akeim Elijah Belmer v Commonwealth of Virginia 10/02/2001
No TC error re: denial of motion to suppress stmt made to mother
1317002 Henrico County School Board v Cathy Mae B. Etter 09/25/2001
No WCC error re: award upon change in condition application
2186003 Thomas Wayne Clay v Commonwealth of Virginia 09/25/2001
TC properly convicted of 3 separate cnts of FA w/altered serial #
1055004 John B. Patton, Jr. v Loudoun Co.Bd.of Supervisors 08/28/2001
TC err:County gave suf.evid.to rebut heart disease occupational
1556002 Stanley K. Joynes, III v Maria L. Payne 08/28/2001
Upon Rehearing, trial court judgment affirmed in entirety;no fees
1376003 William Patrick Bower v Commonwealth of Virginia 08/21/2001
Insuff.evid.to support convict. of animate obj.sexual penetration
1833002 Ernest Oliver Hill, Jr. v Commonwealth of Virginia 08/14/2001
TC err:barring counsel from inquiring to jury's duty re:punishm't
2783992 Lonnie L. Tweed, Jr., s/k/a Lonnie Lee Tweed v CW 08/14/2001
TC erred in refusing to instruct jury on abolition of parole
2306001 David Lynn Bolton, Jr. v Commonwealth of Virginia 08/07/2001
Evid.suf.to prove a noxious gas was released which injured person
2860004 Barbara T. Blaustein v Mitre Corporation, et al. 08/07/2001
No WCC err:finding injury didn't arise from employ (coming&going)
0681002 Charles Jordan and Elaine Jordan v CW 07/31/2001
TC error re: submitting issue of ownership to jury
0872002 Ralph Deron Jamal Thomas v Commonwealth of VA 07/31/2001
TC err: evid. failed to prove offenses occurred in Fredericksburg
1134003 Reginald Lee Allen v Commonwealth of Virginia 07/31/2001
TC error re: failing to dismiss indictment; due process denied
1388993 Eric Wayne Armstrong v Commonwealth of Virginia 07/31/2001
Upon Rehearing En Banc, trial court judgment affirmed
1620004 William Garrison, Jr. v Commonwealth of Virginia 07/31/2001
No TC err: denial of mtn to supp./encounter w/officers consensual
1716002 Robert Sylvester Davis, Jr. v Commonwealth of VA 07/31/2001
No TC error re: concert of action jury instruction
1787002 Steven Lamont Joel Scott v Commonwealth of VA 07/31/2001
No TC err: single larceny doctrine doesn't apply under 18.2-192
1813002 Isham D. Davis v Commonwealth of Virginia 07/31/2001
No TC error re: concert of action jury instruction
1903001 Eric Orlando Staton v Commonwealth of Virginia 07/31/2001
Granted rehearing en banc added to original opinion
1405001 Emmanuel Phil West v Commonwealth of Virginia 07/24/2001
TC error: denial of mtn to supp evid.as result of improper search
2210002 Brent Jerome Reed v Commonwealth of Virginia 07/24/2001
No TC err: denial mtn to supp;evid. obtained in illegal detention
2404004 Chad R. Simonds v Fairfax County Dept. Family Svcs 07/24/2001
Correction pg 4;code sect.,first line after indented-9-6.14:21(A)
2596991 Suzanne M. K. Rubio v Ernesto G. Rubio 07/24/2001
Upon Rehearing En Banc, TC judgment reversed, case remanded
0222004 Michael Alan Marks v Karen Michael Marks 07/17/2001
Because husband failed to properly raise challenge, issues barred
1486003 Lawrence Donal Howerton, s/k/a, etc.v Commonwealth 07/17/2001
No TC error re: violation due process/denial mtn to vacate, etc
1938002 Shirley Travis v Joseph E. Finley, Jr. 07/17/2001
TC error re: dismissing mother's petitions to modify custody,etc
3042992 Ray Lloyd Powell v Commonwealth of Virginia 07/17/2001
Upon Rehearing En Banc, TC judgment reversed, case remanded
0080991 Anthony Kearney v Commonwealth of Virginia 07/10/2001
Upon Rehearing En Banc, trial court judgment affirmed
0970004 Maurice Purdie v Commonwealth of Virginia 07/10/2001
NoTCerr:denial mtn to dismiss;police had probable cause to search
1416003 Timothy Wayne Palmer v Commonwealth of Virginia 07/10/2001
No TCerr:checkpoint constituttionally permissible;evid.admissible
1910003 Kenneth Ray Lowe v Commonwealth of Virginia 07/10/2001
Insufficient evidence to convict for manufacturing marijuana
1995002 Steven W. White& Janet White, et al.vSB of Henrico 07/10/2001
No TC error: decision not plainly wrong; ample evidence to supp.
2056994 Hisham Traish v Commonwealth of Virginia 07/10/2001
No TC err:denial mtn to strike evidence as to legal impossibility
0848991 Donald R. Wells v Chesapeake Redevelopment, et al 07/03/2001
Upon remand from SCV; Reverse portion of claim re:temp.part.disab
0918002 Jennie Mae Dickerson v Commonwealth of Virginia 07/03/2001
No TC error: no new trial/viol.equal prot./due process/evid.suff.
1642001 Jennifer G. Hughes v York County DSS 07/03/2001
Appeal dismissed; guardian ad litem indispensable party to case
1785002 Clifton Elliot Robinson v Commonwealth of Virginia 07/03/2001
TC error: TC record fails to prove voluntary waiver of jury trial
1895992 Kevin Lamont Hicks v Commonwealth of Virginia 07/03/2001
Upon Rehearing En Banc, Tr. court judgment reversed and dismissed
2159001 Tracy Linn Hurley v Commonwealth of Virginia 07/03/2001
No TC error re: denial of mtn to suppress results of box search
2434004 John Osborne v Robert Forner t/a Brush of Class,et 07/03/2001
No WCC err: clmt didn't regularly employ 3/more employees
2684001 Clarence Edward McCary v Commonwealth of Virginia 07/03/2001
No TC err:denial mtn to supp/attr.cocaine to appellant/evid.suff
2938004 Lucy Sharon Mae Anthony v Fairfax Co DFS, Bd.Super 07/03/2001
No WCC err:clmt failed to prove confrontations lead to psy inj/ac
1106992 F.E. v G.F.M. 06/26/2001
Upon Rehearing En Banc,TC judgment reversed, vacated and remanded
2787002 Robert B. Green, Sr. v Richmond Dept. Social Svcs 06/26/2001
No TC error: DSS established good cause to deny access to child
0274004 Danzell Pannell v Commonwealth of Virginia 06/19/2001
Corrected en banc order; trial court judgment is reversed
1100003 Keith Dean Lawson v Commonwealth of Virginia 06/19/2001
TC err:trespass by hunter:evd.suff.invol.mans.:noTC err:1996 evid
1280003 Demond Allen Ramey v Commonwealth of Virginia 06/19/2001
TC err:not granting mtn.to supp;evi seized inadmissable.
1719992 Dept of Prof. & Occupational Regulation v Abateco 06/19/2001
Upon Rehearing En Banc, TC judgment is reversed and remanded
1780992 Abateco Services v Dept.of Prof. Occup. Reg., etc 06/19/2001
Upon Rehearing En Banc, trial court judgment affirmed
3052994 Hector Quinones v Commonwealth of Virginia 06/19/2001
TC error in admitting evidence of prior bad acts/admit video tape
1808002 Shannon Michael Breitbach v Commonwealth of VA 06/05/2001
No TC error re: denying mtn to supp. evidence traffic stop lawful
0421001 Derrick Grier v Commonwealth of Virginia 05/29/2001
Correction to page 9;1st word next to last line should be accused
0422001 Jerome H. Williams v Commonwealth of Virginia 05/29/2001
No TC err: cert.of analysis properly authenticated and admissable
1737002 Richmond Department of Social Services v L.P. 05/29/2001
TC error: denial of DSS's petition to terminate parental rights
0020001 John Herbert Davis v Commonwealth of Virginia 05/22/2001
No TC error re: denial of motion to suppress evidence
0483001 Dequan Shakeith Sapp v Commonwealth of Virginia 05/22/2001
No TCerr:Sapp's Confrontation Clause rights met;test.properly adm
1743002 Danielle Louise Cotton v Commonwealth of Virginia 05/22/2001
No TC err: evid.permitted jury to find def. willfully abused son
2006004 Carvin Calhoun v Commonwealth of Virginia 05/22/2001
TC err: evid.appellant's refusal to take test improper rebuttal
0211002 Stuart Dale Bennett v Commonwealth of Virginia 05/15/2001
Insuff.evid.to convict for assault on officers;No TC err:contempt
0683991 Jeffery Andrew Crawford,s/k/a Jeffrey Crawford vCW 05/15/2001
On Rehearing En Banc, the trial court is judgment affirmed
1233004 Mario Reynaldo Salvatierra v City of Falls Church 05/15/2001
TC err:issue is justiciable; juven.prob.violation not misdemeanor
1836004 Dwayne Mercellus Durant v Commonwealth of Virginia 05/15/2001
No TC error re: denial motion to absent self; no hearsay
1946003 Buffie Sue Carter v Justin Gray Carter 05/15/2001
No TC err: not to apply presumption in favor of biological parent
2443994 Susie Virginia Gallagher v Patrick S. Gallagher 05/15/2001
TC err:father owed no child support arrearage;No TC err:atty fees
0953992 Cory Alver Jefferson v Commonwealth of Virginia 05/08/2001
Upon Rehearing En Banc, trial court judgment affirmed
1434001 Antoine Spain v Commonwealth of Virginia 05/08/2001
Granted rehearing en banc order added to original opinion
2018004 Leslie J. Cloutier v Thomas W. Queen 05/08/2001
No TC error re: denying request by mother to relocate
2979994 Douglas A. Paris v Commonwealth of Virginia 05/08/2001
No TC err:refusing jury instruction - constituted inaccurate stmt
0847004 Henry's Wrecker Service Company, et al. v Smoot 05/01/2001
No WCC err: requested order of reimbursement beyond jurisdiction
1188992 Ruth Boyd Hughes v Richard Lee Hughes 05/01/2001
Upon Rehearing En Banc, trial court judgment reversed
1315004 William Russell v Charlotte Russell, et al. 05/01/2001
TC err:TC didn't have authority to order g'father to pay ch.supp
1412992 Calvin Leon Hamlin v Commonwealth of Virginia 05/01/2001
Upon Rehearing En Banc, trial court judgment affirmed
1157003 Roanoke City DSS v Floyd Allen Heide, II 04/24/2001
No TC err: term. of parental rights; not in children's best int
1815003 Robert Charles Holden v. Jena Taetz Holden 04/24/2001
TC err:Rowe Furn.stock; No TC err:Bedford Co.prop./reduct.sp.supp
2513982 Steven Christopher Sevachko v Commonwealth of VA 04/24/2001
Upon Rehearing En Banc, judgment of trial court is reversed
0543002 Wayne Rush Meadows v Commonwealth of Virginia 04/17/2001
No TC err:admit test.of oral stmt given by app.to investigators
0933002 Winston Sylvester Oliver, II v Commonwealth of VA 04/17/2001
Evidence sufficient to support convictions (insufficient record)
1368001 Deshawn Eugene McCloud v Commonwealth of Virginia 04/17/2001
No TC err:denying mtn to supp.evid.;not subjected to strip search
1456002 Waynesboro (City of)Police,etc v Sharon Coffey,etc 04/17/2001
NoErr:employer didn't rebut presump.65.2-402employ.caused disease
2918992 John Lloyd Vann, Jr. v Commonwealth of Virginia 04/17/2001
No TC err: evidence failed as matter of law to est.legally insane
0425003 Elroy Lee Trent v Commonwealth of Virginia 04/10/2001
TC error re: roadblock was unconstitutional per se
1313003 Claude Gene Sloan v Commonwealth of Virginia 04/10/2001
NoTCerr:no prejudice either by error or court's action to correct
2335004 Town of Purcellville Police,etal.v Bromser-Kloeden 04/10/2001
No WCC error: employer failed to prove non-work-related cause
1574003 James P. Hart, III v Marie Holt Hart (now Pratt) 04/03/2001
No TC err: wife properly exercised option to purchase parcel, etc
1603003 Marie Holt Hart (now Pratt) v James P. Hart, III 04/03/2001
TC err: husband's additional evid./USAA account/No TC err: parcel
0571002 Kenneth Michael Kerr v Commonwealth of Virginia 03/27/2001
Because Kerr failed to preserve issue for appeal,judg't affirmed
0859002 Ralph Hagy, a/k/a Ronald Gene Hagy v CW 03/27/2001
Evidence suff.to support conviction of poss.of burglarious tools
0881004 Darrell Washington v Commonwealth of Virginia 03/27/2001
TC err:Double jeopardy prohibition bars second trial;conv.dismiss
1120003 Vincent Dickerson v Commonwealth of Virginia 03/27/2001
No TC err:denial mtn;encounter consen;officers had probable cause
1631003 Goodyear Tire & Rubber Company, et al. v Harris 03/27/2001
No WCC error re: provided timely notice; injury by accident
1838994 Eduardo Velazquez v Commonwealth of Virignia 03/27/2001
No TC err:allowing SANE nurse to testify; ultimate fact;evid.suff
1992003 Howell Metal Company, et al. v Michael B. Adams 03/27/2001
WCC error: psychiatric treatment causally related to work injury
1354003 Carol Bowyer Johnson v Commonwealth of Virginia 03/20/2001
Granted rehearing en banc is added to original opinion
1793001 Albert Robdau v CW, VADSS, DCSE and Maureen Robdau 03/20/2001
No TC error re: TC had jurisdiction to enforce NY support order
1866003 Russell A. Strong v Old Dominion Power Company 03/20/2001
No WCC error re: holding statute of limitations barred claim
3033993 Alphonso Stephens v Commonwealth of Virginia 03/20/2001
No TC error re: Double jeopardy rights not violated;conv.affirmed
0666002 Quinshawn P. Ross, s/k/a, etc v Commonwealth of VA 03/13/2001
No TC error re: denial of Ross' motion to suppress
0824002 Henry M. Ellett v Cynthia H. Ellett 03/13/2001
No TC err: husband failed to allege facts suff.to sustain fraud
1537004 Bristol City Fire Dep't, etc. v Roy Carroll Maine 03/13/2001
No WCC err: evid.suff. to support clmt is entitled to benefits
0063002 Daymon Ruffin, s/k/a Damion Ruffin v CW 03/06/2001
TC error re: sentencing defendant to unsuspended jail sentence
0127002 Melvin Douglas Smith, Jr. v Commonwealth of VA 03/06/2001
TC abused discretion in joining murder charges;error not harmless
0216002 The Country Vintner, Inc. v Rosemount Estates,etc 03/06/2001
No TC err:Rosemount had good reason under 4.1-406 to term.agreemt
0790002 Stephen J. Leibovic, MD v San Juanito Melchor,etc 03/06/2001
No WCC error re: statute doesn't fall w/in purview of contract
0804002 Arturo Rios v Ryan Inc. Central, et al. 03/06/2001
No WCC error re: finding clmt not employee; admit INS evid.; etc
1027004 Hillcrest Manor Nursing Home, etc.v Rosa Underwood 03/06/2001
No WCC err: clmt still entitled to benefits based on wage change
1472004 Randall U. Mottram v Fairfax Co Fire & Rescue,etc. 03/06/2001
WCC must determine that condition is compensable under 65.2-401
1750003 County of Buchanan School Bd., etc. v Diana Horton 03/06/2001
WCC error: Injury didn't arise out of employment; award reversed
2343992 Robert Bruce Cairns v Commonwealth of Virginia 03/06/2001
TC error re: admission of statement violated 6th Amendment rights
0098004 Francis E. Shoup v Heidi S. Shoup 02/27/2001
Granted rehearing en banc order added to original opinion
0522004 Loc T. Duong, s/k/a Loc Tuan Duong v Commonwealth 02/27/2001
TC error re:considering at sentencing void juvenile adjudications
0597004 Kurebia Marie Hampton v Commonwealth of Virginia 02/27/2001
No TC error re: granting Instr.5, 9 and 15; refused Inst.B
1047002 James Isaac Medlin, Jr. v County of Henrico Police 02/27/2001
WCC error re: WCC improperly considered doctors opinions
1048002 Stephen Douglas Vass v County of Henrico Police 02/27/2001
WCC error re: WCC improperly considered doctors' opinions
1427004 Ellen Kaye, Inc.&Montgomery Mut.Ins.v Wigglesworth 02/27/2001
No WCC error re: calcuation of claimant's average weekly wage
1829992 Calvin Lee Barrett v Commonwealth of Virginia 02/27/2001
On Rehearing en banc, trial court judgment affirmed
2193992 Kevin Alexander Connell v Commonwealth of Virginia 02/27/2001
TC error:refusing to instruct on excusable homicide;case remanded
2286993 Gregory Michael Bloom v Commonwealth of Virginia 02/27/2001
No TC error re: admitting stmts as party admissions; evid. suff.
2372983 James Bedford Fisher, Jr. v County of Roanoke 02/27/2001
Previous opi.withdrawn;mtr remanded to correct inconsistencies
2575993 Weinthal Lockhart v Commonwealth of Virginia 02/20/2001
No TC err:denying mtn to supp./not allowing evid/mtn to set aside
0723002 Dan River, Inc. v Henry Junior Giggetts 02/13/2001
No WCC err:no willful misconduct; injury arose out of employ, etc
0827002 VA Birth-Related Neuro. Injury Comp. Prgm v Young 02/13/2001
No WCC err:Program failed to rebut stat.presumption in 38.2-5008A
1183004 Timothy Jerman v Commonwealth of Virginia 02/13/2001
TC error re: jury s/b instructed parole has been abolished in VA
0485004 Mary Peggy Brown v United Airlines, Inc. 01/30/2001
WCC error re: original application filed within 3 year limit, etc
2694992 Ronnie Antjuan Vaughn v Commonwealth of Virginia 01/30/2001
Evid.suff.to support the granting of lesser included offense inst
2951994 Christine E. Davis v Commonwealth of Virginia 01/30/2001
TC err:admit testimony, but error harmless; conviction affirmed
3073994 Donald Leon Jett v Commonwealth of Virginia 01/30/2001
No TC error: sentence within Guidelines; no denial of due process
0154004 Sharon M. Hickson v Robert D. Hickson 01/23/2001
TC err: lacked juris.to vacate divorce decree 21 days after entry
1214002 Henrico (County of)Public Utilities v Susan Taylor 01/23/2001
No WCCerr:had authority to determine an award of benefits existed
0680001 Marriott Int'l,Inc., et al. v Robert D. Carter,III 01/09/2001
No WCC err: Marriott responsible for medical trmt; injury related
0827002 Virginia Birth-Related Neurological Inj. v Young 01/09/2001
Opinion released this day is withdrawn
2287993 Jennifer Millard v Commonwealth of Virginia 12/28/2000
Correction: pg 6, line 18-19, cite should be 247 Va. 222, etc
0143004 Daniel J. Glanz v Richard S. Mendelson, Spec. Rec. 12/19/2000
Trial court err re legal representation; civil contempt
0170004 John F. Mardula Esq et al v Richard S. Mendelson, 12/19/2000
Trial court err re legal representation; civil contempt
0828003 Clinch Valley Med. Ctr et al v. Johnnie S Hayes 12/19/2000
No VWCC err re failure to prove condition not related to work
1253003 Dorothy W. Stone v Keister's Market & Grill, et al 12/19/2000
No VWCC err re sustain compensable injury by accident from employ
1634991 Timothy Wayne Gurley v Commonwealth of Virginia 12/19/2000
No t/c err re deny motion, trial judge preside at revocation hear
1734993 Nancy Lee Kelker v John Warren Schmidt 12/19/2000
No t/c err re revers err disregard recomm re alleged marital debt
2107994 Charles Herman Shelton, Jr. v Commonwealth of VA 12/19/2000
No trial court err re admiss of evid w/o required Miranda warning
2567991 Dante E. Frias v Commonwealth of Virginia 12/19/2000
No trial court err re: possession of a firearm in school grounds
3058993 William Joseph Craig v Commonwealth of Virginia 12/19/2000
No t/c err re granting an instr by CW on involuntary manslaughter
0280004 Marjorie Bernardi Goldin v Edwin Goldin 12/12/2000
Partial err re: modification of child support
2297994 Robert John Riggins v Mary Louise O'Brien 12/12/2000
No trial court err re past due child support and interest due
2888992 Philip Sam Jean-Laurent v Commonwealth of Virginia 12/12/2000
Trial court err re: violation of Fourth Amendment rights, search
0344004 Michael Brian Shaffer v Commonwealth of Virginia 12/05/2000
Trial court err re determination of habitual offender
1038993 Dennis M. Williams, s/k/a v Commonwealth of VA 12/05/2000
Upon rehearing en banc, judgments of trial court are affirmed
1382992 John Mills Barr, etc. v S. W. Rodgers Company, Inc 12/05/2000
Partial t/c err re VOSH standards; motion to strike, employee exp
2250992 Vernon Gregory Piggott, s/k/a v Commonwealth of VA 12/05/2000
Trial court err in violation of Fourth Amendment rights;search
2737981 Anthony Dion Debroux v Commonwealth of Virginia 12/05/2000
Upon rehearing en banc, judgments of trial court are affirmed
2949984 Michael A. Mahoney, Sr. v Jeanne M. Mahoney 12/05/2000
On Rehearing En Banc, t/c err in failure to post bond; supt arrea
0712001 James E. Germek v Marsha K. Germek 11/28/2000
Insuff evid re est daughters disability, continuing suppt unsupp
1436993 Philip Butler Groggins v Commonwealth of Virginia 11/28/2000
No t/c err re limiting toxicologists testimony and jury instruct
1996992 John Antonio Wilson v Commonwealth of Virginia 11/28/2000
No t/c err in violatoin of Fourth Amendment rights, dist cocaine
2270994 Michael George Keselica v Commonwealth of Virginia 11/28/2000
No t/c err re suff cause to revoke portion of suspended sentence
0027004 Thomas J. Sullivan, Jr. v Mary F. Sullivan 11/21/2000
No trial court err re contempt proceeding-awarding fees
0168002 Emmanuel Snow v Commonwealth of Virginia 11/21/2000
No t/c err re child cruelty;driv high speed; suff evid stolen veh
0228002 Valerie A. Patel v Noel P. Patel 11/21/2000
No t/c err re lack juris equit dist award;award of attys fees
0523004 Strickly Stumps, Inc. et al. v George Robert Enoch 11/21/2000
No WCC err re award of medical bene--injury by accident/treatment
0570003 Consolidation Coal Co. v Dept. of Mines, Minerals 11/21/2000
No t/c err re sub evid struct dam homes;expert on subsidence dam
0659002 Southside VA Training Ctr/CW v Frederick W. Ellis 11/21/2000
WCC err re compensable injury award of benefits
1587993 Elvis Gene DePriest v Commonwealth of Virginia 11/21/2000
No t/c err re sodomy;viol rt to priv;cruel unus pun;est of relig
1595993 Larry Rierson Jones v Commonwealth of Virginia 11/21/2000
No t/c err re sodomy;viol rt to priv;cruel unus pun;est of relig
1596993 Russell Newaii Poindexter v Commonwealth of VA 11/21/2000
No t/c err re:sodomy;vio rt to priv;cruel unus pun;est of relig
1597993 James Patrick Fay v Commonwealth of Virginia 11/21/2000
No t/c err re sodomy;vio rt to priv;cruel unus pun; est of relig
1598993 Phillip Wayne Evans v Commonwealth of Virginia 11/21/2000
No t/c err re sodomy;vio rt to priv;cruel unus pun;est of relig
1599993 Barry Wayne Hodges v Commonwealth of Virginia 11/21/2000
No t/c err re sodomy;vio rt to priv;cruel unus pun;est of relig
1600993 John Johnson, s/k/a etc v Commonwealth of Virginia 11/21/2000
No t/c err re sodomy;vio rt to priv;cruel unus pun; est of relig
1601993 Lawrence T. Martys s/k/a etc v. Commonwealth of VA 11/21/2000
No t/c err re sodomy;viol rt to priv;cruel unus pun;est of relig
1619993 Everette Elmo Davidson v Commonwealth of Virginia 11/21/2000
No t/c err re sodomy;vio rt to priv;cruel unus pun;est of relig
1920993 Ronald Waller, s/k/a v Commonwealth of Virginia 11/21/2000
No t/c err re sodomy;viol rt priv;cruel unus pun; est of relig
2404992 Antoine Wilkerson v Commonwealth of Virginia 11/21/2000
No t/c err re first degree murder, robb;intro of evid;suff evid
2778981 Modrell Antoine Williams s/k/a v Commonwealth of V 11/21/2000
Trial court err re poss of firearm by conv felon;code 18.2-308.2
0792992 Tyric Javon Williams v Commonwealth of Virginia 11/14/2000
No t/c err in lack of juris to convict appellant of 2nd deg murd
2325993 Daniel Lattrell Blackmon v Commonwealth of VA 11/14/2000
No t/c err re denial of rape shield hearing to det admis of evid
2757992 Onnie Taylor, s/k/a etc v Commonwealth of Virginia 11/14/2000
No t/c err re suff evid to prove defendant poss firearm;dist coc
2822994 Torri S. Waiters v Commonwealth of Virginia 11/14/2000
Trial court had authority to order defendant to pay restitution
0106002 Kevin Edgar Ford v Commonwealth of Virginia 11/07/2000
No t/c err in violation of right to speedy trial
0313004 United Airlines, Inc. v Mark F. Fozel 11/07/2000
No err in WCC's award of temporary total and medical benefits
0558981 Ricky Arnez Christian v Commonwealth of Virginia 11/07/2000
No t/c err in possession of cocaine and intent to distribute
1567993 Victoria Shelton Sands v Commonwealth of Virginia 11/07/2000
T/C err in refusing to instruct jury on law of self-defense
1610994 Ennos Morris v Commonwealth of Virginia 11/07/2000
No t/c err in being adjudicated an habitual offender
2301992 Robert Lowe, s/k/a v Commonwealth of Virginia 11/07/2000
No t/c err in illegal search;denying mot to supp and poss of mari
3064993 Nathan Todd Southerly v Commonwealth of Virginia 11/07/2000
T/C err in set aside convs; age of app'ant when petitions obtain
0532004 The Southland Corp, t/a 7-Eleven v Sharon Welch 10/31/2000
No WCC err:unauthor. medical treatmt/unjustifiable refusal medic
1846993 Dale Lee Pughsley v Commonwealth of Virginia 10/31/2000
No t/c abuse of discretion by admitting CW rebuttal evidence
1451984 David Darnell Lowery v Commonwealth of Virginia 10/24/2000
On Rehearing En Banc, trial court judgment affirmed without opini
2295992 Taryl O. Barnes v Commonwealth of Virginia 10/24/2000
NoTCerr:admitting testimony/homicide w/in res gestae of abduction
2530993 Donald Lloyd Russell, Jr. v Commonwealth of VA 10/24/2000
TC err:police lacked probable cause to arrest and search app'ant
2585993 Brent David Marttila v City of Lynchburg 10/24/2000
Insuff.evid.to establish stmts uttered to provoke breach of peace
0080003 Kerry Leecoya Lowe v Commonwealth of Virginia 10/17/2000
Err in trespass conv; No err in t/c sentence for mal wounding
2052993 Jerry Lee Ashby v Commonwealth of Virginia 10/10/2000
No TC err:convictions didn't violate speedy trial stat./evid.suff
2265993 James Edward Rickman v Commonwealth of Virginia 10/10/2000
Evid.of cohabitation suff.to support conviction under 18.2-57.2
0992991 Jonathan Stephen O'Mara v Commonwealth of Virginia 10/03/2000
No TC err:Code Sec.18.2-423 doesn't discriminate in prohibition
0997991 Richard J. Elliott v Commonwealth of Virginia 10/03/2000
No TC err:Code Sec.18.2-423 doesn't discriminate in prohibition,e
1425974 Jack Enic Clark v Commonwealth of Virginia 10/03/2000
On Rehearing En Banc, judgment of trial court affirmed
0367994 David Lee Hills v Commonwealth of Virginia 09/26/2000
TC err:not allowing Hills to examine jurors re: status of parole
0654991 Jeremy Britt Adams v Commonwealth of Virginia 09/26/2000
No TC error re: touching occurred and had requesite intent
1118992 Dorell Percell Taylor v Commonwealth of Virginia 09/26/2000
No TC err:evid.suff.to support convictions;admitting vict.hearsay
1253984 Herbert Williams, Jr. v Commonwealth of Virginia 09/26/2000
TC error re: failing to grant appellant's request for jury trial
1412992 Calvin Leon Hamlin v Commonwealth of Virginia 09/26/2000
Granted en banc order added to opinion
2131994 James Edward Griffin, Jr. v Commonwealth of VA 09/12/2000
TC err:felony murder & use of FA/No TC err: poss.of FA by felon
2573992 Gary Dean Perry v Commonwealth of Virginia 09/12/2000
No TC err:appellant waived right to challenge evid.sufficiency
2696991 Tony Orlando Hughes v Commonwealth of Virginia 09/12/2000
Evid.suff.to support conv.of possessing marijuana w/intent to dis
0438994 Margo Collado v Commonwealth of Virginia 09/05/2000
No TC err:evid.suff.crim.agent;not granting jury inst/admit ltr
1280994 F. Shriver Hering v. Phyllis E. Hering 09/05/2000
No TC error re: spousal support amendable by Code 20-109(A)
1956994 James Walter McLellan v Claudia Marie McLellan 09/05/2000
No TC err: refusing to vacate provision/denying mtn to reinstate
2061994 Thomas Allsbury v Bettina Allsbury, n/k/a Robinson 09/05/2000
No TC error re: parties waived marriage disqualifier/atty's fees
2533994 Abbas Asgari v Giso Asgari 09/05/2000
No TC error re: retroactive child support/equit.distrib./sp.supp.
2560994 Giso Asgari v Abbas Asgari 09/05/2000
No TC error re: retroactive child support/equit.distrib./sp.supp
0814991 Mart T. Harris v Commonwealth of Virginia 08/29/2000
No TC err:denial of mtn to supp.;P.O.had reasonable,articul.susp
0925982 Allen Dale Bennett v Commonwealth of Virginia 08/29/2000
Upon Rehearing En Banc, appellant's conviction is affirmed
1225994 Louis Brown, Jr. v Commonwealth of Virginia 08/29/2000
TC err:deny his mtn to dis.Judd for cause/No err:deny mtn to supp
1933992 Allen Lamont Harris v Commonwealth of Virginia 08/29/2000
No TC err:TC's instruct.to jury in response to question not error
1952992 Fredericksburg DSS v Clyde Brown & Joyce Williams 08/29/2000
Validity of entrustment agmts properly before TC/invalidly execut
1969992 Joyce Williams v Fredericksburg DSS 08/29/2000
Validity of entrustment agmts properly before TC/invalidly execut
2008992 Clyde Brown v Fredericksburg DSS 08/29/2000
Validity of entrustment agmts properly before TC/invalidly execut
0953992 Cory Alver Jefferson v Commonwealth of Virginia 08/22/2000
Granted rehearing en banc added to original opinion
0981992 Charles S. Rowe v Mary Ann Rowe 08/22/2000
TC error:class.of appreciation of stock/failing to re-value stock
1028992 Mary Ann Rowe v Charles S. Rowe 08/22/2000
TC error:class.of appreciation of stock/failing to re-value stock
1382992 John Mills Barr, Commission, et al. v S.W. Rodgers 08/22/2000
Granted rehearing en banc order added to original opinion
2867992 Jessica Herring v John L. Herring 08/22/2000
TC error:child support per guidelines/no just.for deviation, etc
0055001 Metro Machine Corporation, et al. v Alvin Sowers 08/15/2000
No WCC error re: clmt filed claim properly & est.disability, etc
1893992 Aaron Mardie Legette v Commonwealth of Virginia 08/15/2000
TC err:conv./sentence for mal.wnding when indicted for unlawful
2325984 Linda K. Avery v Virginia Retirement System 08/15/2000
On Rehearing en banc, trial court had subject matter jurisdiction
3044992 Metro Machine Corporation, et al. v Isaac L. Lamb 08/15/2000
No WCCerr:clm not barred by statute;entitled to ben.-not released
2428994 Donald K. Stockdale, Jr. v Patricia M. Stockdale 08/08/2000
No TC error re: allowing former wife to relocate w/children
0486992 Regina E. Smith, s/k/a Regina Elizabeth Smith v CW 08/01/2000
No TC err: jury inst/Evid.suff toprove part of abduction, et al
0983994 Victor Vsay Hucks v Commonwealth of Virginia 08/01/2000
No TC error: giving jury instruction/evid.suff.to prove intent
1188992 Ruth Boyd Hughes v Richard Lee Hughes 08/01/2000
Granted rehearing en banc order added to original opinion
1259992 Ruth Boyd Hughes v Richard Lee Hughes 08/01/2000
TC error: that evid.proved wife committed adultery/case remanded
1309993 Debra J. and Daniel H. Hawthorne v Smyth Co. DSS 08/01/2000
TC erred by elim.duty of DSS to place BH w/relative:error harmles
1754992 Jermaine Alonzo Austin v Commonwealth of Virginia 08/01/2000
No TC error re: conviction of possession of cocaine
1893972 Robert Lewis Clay v Commonwealth of Virginia 08/01/2000
On Rehearing en banc,no reversible error/convictions are affirmed
2097992 Henry Levi Turner v Commonwealth of Virginia 08/01/2000
No TC err:defendant's conduct violative of 18.2-90 & 91/rel.evid.
2377994 Magco of Mayland, Inc. v John Mills Barr, Commissi 08/01/2000
Correction to page 5,1st full paragraph:should be Code 40.1-49.4E
0578991 Norfolk Community Hospital, et al. v Frances Smith 07/25/2000
WCC error re: injury didn't occur in course of employment
2698974 Warford L. O'Banion,s/k/aWorford Lee O'Bannion vCW 07/25/2000
Upon REB,conv.for trespass reversed on denial of jury instruction
2959972 Gregory Allen Moyer v Commonwealth of Virginia 07/25/2000
On Rehearing En Banc, evid.sufficient to support convictions
0162992 Christopher Allen Burlile v Commonwealth of VA 07/18/2000
No TC err:refusing to instruct jury CW req'd to prove triggerman
0402003 Island Creek Coal Company v Larry Miller 07/18/2000
No WCC error re: evidence supports coal workers' pneumoconiosis
1000992 Michael Anthony Winston v Commonwealth of Virginia 07/18/2000
TC error re: procedure deprived Winston of fundamental stat.right
1002984 David Edward Hartigan, III v Commonwealth of VA 07/18/2000
On Rehearing en banc, conviction reversed and case remanded
1106992 F. E. v G. F. M. 07/18/2000
Granted rehearing en banc added to original opinion
1177992 Domica Chantel Winckler v Commonwealth of Virginia 07/18/2000
Evid.suff:robbery/murder interdependent objects of criminaldesign
1528992 Andrew Gordon Luck v Commonwealth of Virginia 07/18/2000
Evid.suff.to convict on two counts of malicious bodily inj.of PO
2277993 Sena Hope Taylor Fleming v Christopher D. Fleming 07/18/2000
TC err:portion of decree re:prop.of parties &lump sum spousal sup
2476991 Uninsured Employer's FundvM.L.Edwards,J.Doyan etal 07/18/2000
No WCC error: properly ruled Waltrip not responsible for award
2990983 Paula Colaw, s/k/a Paula Lavon Colaw v CW 07/18/2000
TC error: seized cocaine unadmissible under good faith exception
0217002 City of Richmond-Fire&Emergency,et al. v T.Brandon 07/11/2000
Order appealed from is interlocutory determination, not final
0220992 Dayomic Jackie Smith v Commonwealth of Virginia 07/11/2000
TC lost jurisdiction to hear mtn for new trial;appeal dismissed
0270993 Emmett Ward Cressell, Jr. v Commonwealth of VA 07/11/2000
No TC error re: chg of venue/striking jurors/Evid.suff.to convict
0640992 Christopher L. Whitaker v Robin L. Day, et al. 07/11/2000
TC's order denying mtn to dismiss is non-appealable order
1341992 Dayomic Jackie Smith v Commonwealth of Virginia 07/11/2000
TC lost jurisdiction to hear mtn for new trial; appeal dismissed
1950992 Evwan Levar Wells v Commonwealth of Virginia 07/11/2000
Evid.suff.to convict/no TC err:Allowed CW to question own witness
2331991 Shannon Detrick Cason v Commonwealth of Virginia 07/11/2000
Evid.suff.to estab.recent occupancy; search not violate 4th Amend
2443994 Susie Virginia Gallagher v Patrick S. Gallagher 07/11/2000
Rehearing en banc order added to original opinion
0986992 CDM Enterprises, et al. v CW, Manufactured Housing 07/05/2000
TC erred when rejected Colonial plea of res judicata
0833991 Amy Jean Barrett v Commonwealth of Virginia 06/27/2000
TC err: felony child neglect/felony murder; case remanded
2565983 Lafayette Scott Hodnett v Commonwealth of Virginia 06/27/2000
No TC error re: denial motion to suppress/Evid.suff. to convict
0269991 Kenneth W. Bond, s/k/a Kenneth Wayne Bond v CW 06/20/2000
No TC err:placing twin brother in courtroom not relevant evidence
1280984 Franklin Eugene Hall v Commonwealth of Virginia 06/20/2000
Upon Rehearing En Banc, the trial court's decision is affirmed
1283993 Corey Wendell Hampton v Commonwealth of Virginia 06/20/2000
Insuff. evidence to support conviction for grand larceny of auto
1667984 Vaughan's Landscaping, et al. v Timothy Dodson 06/20/2000
Upon Rehearing En Banc, judgment of WCC is affirmed w/out opinion
1795992 Robert Weathers v Commonwealth of Virginia 06/20/2000
No TC error re:denial of motion to suppress evidence-search valid
1822992 George Smith Alston v Commonwealth of Virginia 06/20/2000
Evidence sufficient to support conviction of arson
1924992 Latasha Gardner, s/k/a Latasha Alon Gardner v CW 06/20/2000
No TC error re: no variance between indictment and evidence
0957992 Derrick George Henry v Commonwealth of Virginia 06/13/2000
Correction to page 4: Turner v CW cite was incorrect, now correct
2747984 Jonathan Peter Parsons v Commonwealth 06/13/2000
Evid.suff.to convict,retrial w/stmt of J&DR judge not viol.Dou.Je
2912984 Teremun Anthony Salmon v Commonwealth of Virginia 06/13/2000
No TC err:denial mtn object.to jurors B/C CW used info from check
0422994 Holtzman Oil Corp. v CW, State Water Control Bd,et 06/06/2000
Evid.supp.TC affirming DEQ's decision denying reim.from Tank Fund
1098982 Darrell Deon Harrison v Commonwealth of Virginia 05/30/2000
Evid.suff.to prove app.took, obtained,w/held credit card #,used #
1535992 Hampton Dillard v Commonwealth of Virginia 05/30/2000
Evidence sufficient to support convictions for forging & uttering
2903982 Johnny T. Giles, Jr. v Commonwealth of Virginia 05/30/2000
No TC error re:denial mtn to suppress/office had reasonable susp.
3005984 Fiona Elizabeth Marsh v Commonwealth of Virginia 05/30/2000
No TC err:right result for wrong reason/i.d.didn't rest on accent
0487992 Tony P. Merritt, s/k/a Tony Patrick Merritt v CW 05/23/2000
No TC err:denial of mtn in limine to allow prior prob.violations
0585992 Ronnell Wallace v Commonwealth of Virginia 05/23/2000
No TC error re: TC's ruling on motion to suppress/search lawful
2988983 Marvin Lee Silcox, a/k/a Jake Stout v Commonwealth 05/23/2000
No TC err:refusing to grant mtn to continuance to allow 3rd atty
0434992 Maurice Daniel Dance v Commonwealth of Virginia 05/16/2000
No TC err: denial mtn to supp. and strike test./evidence suff.
1435993 Ryan's Family Steak Houses, Inc., et al. v Gowan 05/16/2000
No WCC error re: de facto award constitutional/stat.not vague,etc
1368991 CW, DSS, DCSE, ex rel. Graham v Bazemore 05/09/2000
TC err:retroactively modifying underlying sup.order w/out notice
1745991 CW, DSS, DCSE, ex rel Breakiron v Robert Farmer 05/09/2000
No TC err:TC's order vacates ASO;TCerr:reverse dischged arrearage
2815981 Tommy Green v Commonwealth of Virginia 05/09/2000
No TC err:poss.marijuana, poss.cocaine;TC err:trans.cocaine w/int
0239994 Joseph Rinaldi v Cheryl Dumsick, f/k/a C. Rinaldi 05/02/2000
No TC err:found Joey severely disab./no deviation from supp.guide
0321993 Tracy Marice Penn v Commonwealth of Virginia 05/02/2000
No TC err:finding him a "prisoner"; had jurisdiction to try case
1342991 Gwaltney of Smithfield, et al. v Lynnecia Hagins 05/02/2000
No WCCerr:Employer failed to enforce safety rule/claim not barred
1578982 Salahundin David Webb v Commonwealth of Virginia 05/02/2000
NoTCerr:no hearing re:conflict of int:atty not fairly compensated
2123991 Katherine C. Campbell v Michael C. Campbell 05/02/2000
No TC error re: denying wife previously agreed upon waived relief
2152991 Hoy Construction, Inc.and Liberty Mutual v Flenner 05/02/2000
No WCC error re: award is not barred by Code 65.2-510/suff.evid.
2229991 Flenner vHoy Construction, Inc. and Liberty Mutual 05/02/2000
No WCC error re: construed Code 65.2-510 precluding temp.part.ben
2915984 Jesse L. Park v Commonwealth of Virginia 05/02/2000
CW failed to justify forcible entry;TC erred in suppressing evid.
2982971 Hurcus Jerome Williams v Commonwealth of Virginia 05/02/2000
Upon Rehearing En Banc, convictions are reversed, case remanded
0425991 Jamar Duane Clarke v CW and City of Hampton 04/25/2000
No TC err: denial of mtions to suppress; evid.suff.to supp.convic
0914993 The Genie Company, et al. v Marsha Hammer 04/25/2000
Clmt's hand eczema is noncompensable disease of life;awd reversed
1078994 Marion Kenneth Wright v Commonwealth of Virginia 04/25/2000
No TC err:denial of mtn to compel the disclosure of surv.location
1691982 Jannie Brant v Commonwealth of Virginia 04/25/2000
TC error re: hearsay stmts as evid./didn't preserve issues 2&3
1962983 Mark Allen Keesee v Commonwealth of Virginia 04/25/2000
No TC err:operating vehicle;operating vehicle w/in two hrs of arr
2275992 Robert Walter Smith v Robert W. Smith & State Farm 04/25/2000
WCC err:commission included business profits rather than wages
0145994 Travis Joe McLean v. Commonwealth of Virginia 04/18/2000
TC err:admit.evid.witness intim.but harmless err\No TCerr:adm ltr
0538994 Sheila Sanchez v Commonwealth of Virginia 04/18/2000
NoTCerr:denial prop.jury inst.for assault&batt as lesser-incl off
0887994 Patricia A. Smith v Commonwealth of Virginia 04/18/2000
No TC err:arrest valid because it occurred at scene w/in 19.2-81
1256994 Christine Adoteye v Philip C. Adoteye 04/18/2000
No TC error re: finding wife not bona fide resident of VA
1781994 Wall Street Deli, Inc., et al. v. John K. O'Brien 04/18/2000
WCC err:O'Brien failed to market residual work capacity\award rev
0203982 Wayne Lenardo Heath v Commonwealth of Virginia 04/11/2000
On Rehearing En Banc, trial court's decision affirmed
1037993 Darrell Lee Whiting v Cynthia Jan Fisher Whiting 04/11/2000
No TC error re: spousal and child support pendente lite order
0331994 Sharon Ann Lane v Robert Lee Lane 04/04/2000
TC err:sp.supp.agmt subject to mod./No TCerr:denial pet.to modify
0733992 W. Pettus Gilman v Judith Cochrane Gilman 04/04/2000
TC erred:Dow-Gil&VCI marital prop/Stone note/No TC err:fees&costs
0766992 Judith Cochrane Gilman v W. Pettus Gilman 04/04/2000
No TC err:Dow-Gil& VCI marital prop/Stone note/No TC err:fees&cos
0802993 Janet Susan Boyd Looney v Teddy Russell Looney 04/04/2000
No TC error re: deviation from statutory guidelines for child sup
1179994 Ogden Aviation Services & Ins.Co.of Penn. v Saghy 04/04/2000
No WCC error re: carpal tunnel was injury by accident/evid.suff
1543984 Leroy Dorsey v Commonwealth of Virginia 04/04/2000
No TCerr:no doub.jeop./no denial due proc/had juris.to revoke sen
2306982 Arnold Ainley Wright, III v Commonwealth of VA 04/04/2000
No TC error re: had jurisdiction to revoke suspended sentence
2949984 Michael A. Mahoney, Sr. v Jeanne M. Mahoney 04/04/2000
Rehearing en banc order added to original opinion
0991994 Uninsured Employer's Fund v Derek M. Kramer 03/28/2000
No WCCerr:juris.over claim/WCC err:4/14/98 decision not res judic
1297993 Charles Wayne Williams v Sonjia Lord Williams 03/28/2000
TC could modify its amended final decree per Code 20-107.3(K)(4)
1302991 Newport News Shipbuilding and Dry Dock v Barnes 03/28/2000
WCC error: didn't consider nature and prosp.for missing interview
2883983 Dorian Lee-Kirk Shackleford v Commonwealth of VA 03/28/2000
No TC err:denial mtn to dismiss/continue/mtn to suppress/evid.suf
1458993 Donna Mae Vint v Alleghany Regional Hospital, etal 03/21/2000
No WCC err:evid.fails to establish injury arose out of employment
1644992 Georgia-Pacific Corporation v Michalene L.Robinson 03/21/2000
No WCC err:clmt's psychiatric cond.causally related to inj.by acc
1951984 Saeed Sheikh v Commonwealth of Virginia 03/21/2000
Evid.suf.to prove appellant member of mob that killed Albrecht
1994984 Allen Delcid v Commonwealth of Virginia 03/21/2000
No TCerr:record supports TC's determ.knife as weapon in18.2-308.2
2272984 Alan Kenneth Abraham v Commonwealth of Virginia 03/21/2000
No TC err: refusing to bar witnesses' test/req.intent/evid.suff.
2598981 Tobin J. Jones v Commonwealth of Virginia 03/21/2000
No TC err: police had consent to search/admit.evid./no disc.viol
2989983 Sherwood Antanio Charlton v Commonwealth of VA 03/21/2000
No TC err: denial motion to dismiss the use of firearm charge
3000984 Amos F. Kyhl v Betty C. Kyhl 03/21/2000
TC error re: facts in Certification not a complete record
0032993 Johnny Edward Harter v Commonwealth of Virginia 03/14/2000
No TC err: admit.evid./finding.evid.suff./not ruling on mtn, etc
0348993 Melvin Hall Fitzgerald, Jr. v Commonwealth of VA 03/14/2000
TC can't sua sponte find def.guilty of lesser chg, depriv.of jury
0582993 Michael L. Thornton v Commonwealth of Virginia 03/14/2000
No TC error re: admit.evid.other crimes/cautionary instruction
0761993 Gary Eugene Robertson v Commonwealth of Virginia 03/14/2000
Evidence suff.to prove stat.burg., mal.wounding,aggr.mal.wounding
1478991 John Edward Brogan v Ruth Ann Cornetta Brogan 03/14/2000
TC had concurred juris.to review nature&dischg.of equit.dist.obli
1867984 Francisco Ortega v Commonwealth of Virginia 03/14/2000
Evidence sufficient to prove appellant's identity as burglar
2142984 John David Pellegrin v Diane L. Bingman Pellegrin 03/14/2000
TC err:finding wife had no duty to seek employ/No TC err:atty fee
2180982 Concerned Taxpayers of Brunswick,etc.v DEQ,AEGIS 03/14/2000
Appell.satis.Code10.1-1457(B)\DEQimprop.issued perm\parcels uncer
2512984 Commonwealth of Virginia v Robert Wayne Lowe 03/14/2000
Corr.on pg 3;insert"Md."before year in Richards v Goff&Moon vWeek
0382991 Ramondo D. Fogg v Commonwealth of Virginia 03/07/2000
No TC err:stop valid/further invest.justified/police had consent
0428992 James Easter, s/k/a James L. Easter v Commonwealth 03/07/2000
No TC error:no double jeopardy/no improper amending of warrant
1717982 Kelley Ann Tibbs v Commonwealth of Virginia 03/07/2000
Evidence sufficient to support the capital murder conviction
1916982 John B. Goldhamer v Deborah E. Cohen 03/07/2000
No TC err:chancellor's decision re: visitation/TC err: child supp
2154983 Mark Anthony Graham v Commonwealth of Virginia 03/07/2000
No TC err:refusing instructions/denial mtn for cont./shackling
0268993 Tommy Russell Bostic v Commonwealth of Virginia 02/29/2000
No TC err: appellant not denied right to cross-examine witnesses
0549991 Kenneth Alexander Reynolds v City of VA Beach 02/29/2000
No TC error re: appeallant operated vehicle in City of VA Beach
0631994 Heidi S. Shoup v Francis E. Shoup 02/29/2000
No TC err:finding mod.agrmt ambig.\parol evid.\effect.mod.agrmt
1403984 Marvin Troy Butler v Commonwealth of Virginia 02/29/2000
No TC error re: denying mtns to suppress evid. and set aside verd
1492993 Southwest VA Tire, Inc., et al. v Mark A. Bryant 02/29/2000
Per CAV, this opinion is now published; decision same; WCC affirm
1682993 Great Eastern Resort Corporation, et al. v Gordon 02/29/2000
No TC err:finding clmt proved carpal tunnel synd.caused by employ
3009982 Bruce Irving Fine v Commonwealth of Virginia 02/29/2000
Insufficient evidence to prove appellant violated Code 18.2-349
3073974 Patrick Sean Cooper v Commonwealth of Virginia 02/29/2000
Upon Rehearing en banc, conviction reversed.
0212982 Michael Fernell Farrow v Commonwealth of Virginia 02/22/2000
TC err:erroneously denied mtn to suppress drugs &related evidence
0644994 Paul L. Copeland v Commonwealth of Virginia 02/22/2000
Evid.suff. to support convictions for indecent exposure/peeping
1689982 Monte Pulley v Commonwealth of Virginia 02/22/2000
No TC err:denied mtn for mistrial and limited def.'s direct exam.
1860982 Ivan Eugene McGuire v Commonwealth of Virginia 02/22/2000
No TC err:denial mtn to supp./admit.cert.of analysis/evid.suff.
1995981 Aaron Wyatt Will, Sr. v Commonwealth of Virginia 02/22/2000
No TCerr:CW's atty spoke to victim privately during test/evid.suf
2045983 Anthony J. Zook v Commonwealth of Virginia 02/22/2000
No TC err:allowing troppers testimony re:head inj./disregard evid
2175982 Don M. Cottee, s/k/a Don Meredith Cottee v CW 02/22/2000
Evid.suff.to conv/NoTCerr:denial mtn to dismiss on const.challeng
2520984 Henry D. Morales v Commonwealth of Virginia 02/22/2000
Evid.sufficient to support convictions for indecent expo/peeping
2573981 CW, DSS, DCSE. ex rel Marc Gagne v Chamberlain,aka 02/22/2000
TCerr:conc.thatUIFSA doesn't auth.DSSto determine pub.assist.debt
2675983 Charles Richard Akers v Commonwealth of Virginia 02/22/2000
TC err:use of FA in comm.of malicious wound.after implied acquit
2781981 Yolanda Ramos Wilson v Commonwealth of Virginia 02/15/2000
No TC error:amendment to indictment reversible error/evid.suff
1064982 Margaret Rea Bright v Commonwealth of Virginia 02/08/2000
TC's evidentiary ruling re: prior offenses was erroneous
2179983 Antonaus Maurice Webb v Commonwealth of Virginia 02/08/2000
TC error:allowing jury to consider 3 previous unrelated offenses
2183982 Vance Carl Robinson v Commonwealth of Virginia 02/08/2000
TC err:denial mtn to supp.evidece obtained in warrantless search
2521981 Julius J. Scott, s/k/a Julius James Scott v CW 02/08/2000
Evidence sufficient to support convictions/TC had juridiction
2963981 The Mattaponi Indian Tribe, et al. v CW, DEQ, etal 02/08/2000
No TC err:stand.to chall./no breach 1667 Treaty/no.viol.TitleIV
0702982 Bryon K. Hughes, s/k/a Bryan K. Hughes v CW 02/01/2000
Upon rehearing en banc, search violated 4th Amend;indictment dism
1240981 Michael Joseph DeAmicis v Commonwealth of Virginia 02/01/2000
Upon Rehearing En Banc, record sufficiently supported convictions
1847983 James Anthony Hazel v Commonwealth of Virginia 02/01/2000
TC erred by denying motion for mistrial;decision reversed& remand
2242982 Don Meredith Cottee v Commonwealth of Virginia 02/01/2000
No TC err:misconduct estab.requisite behavior for invol.manslaugh
0066991 Dennie Lee Rankins, Dennie Lee Rankins, Jr. v CW 01/27/2000
TC err:accomp.'s conf admis.under VA hearsay but not Confr.Claus
0076981 Andre Vashawn Carter, a/k/a Dre v Commonwealth 01/27/2000
On rehearing, previous opinion is affirmed
2554981 Kawaski Bass, s/k/a Kawaski Lajune Bass v CW 01/27/2000
No TC error re: admission of codefendants' stmts harmless error
2800982 George C. Howell, III v Margaret H. Howell 01/27/2000
No TC err:referred issues to commissioner/adopted in final decree
1929982 Eric Donnell Saunders v Commonwealth of Virginia 01/18/2000
No TC error re: refusing to instruct jury on element of malice
2342983 Cary Randall Perkins v Commonwealth of Virginia 01/18/2000
Evidence sufficient to prove assault and battery
2151983 Kelvin Lynn Whitehead v Commonwealth of Virginia 01/11/2000
No TC err:prosecutor cross-exam.witness/admit testimony from CW
2878981 Stephen James Purvis v Commonwealth of Virginia 01/11/2000
TC error:refusing appellant's mtn to sever, but error harmless
2926983 Dennis G. Smith, Director, et al.v Liberty Nursing 01/11/2000
No TC err:Dtr.barred from deprec.clms/TC err:remand lease costs
0168991 Gary Allen Reel v Commonwealth of Virginia 01/04/2000
No TC err: stop didn't violate Fourth Amend./denial mtn to supp
2797983 Patrick J. Mannix, s/k/a Patrick J.Mannix,Sr. v CW 01/04/2000
No TC err:refusing jury instruction/limit exam.bd chmn/evid.suff.
2798983 Patrick J. Mannix, s/k/a Patrick J. Mannix,Sr.v CW 01/04/2000
No TC err:refusing jury instruction/limit.exam bd.chrmn/evid.suff
0834991 Allen P. Stanfield v City of Hampton Fire & Rescue 12/28/1999
No WCC err:denial of clm for perm.part.dis.;not reached max impro
1002984 David Edward Hartigan, III v Commonwealth of VA 12/28/1999
Rehearing en banc order added to original opinion
1239984 David T. Rasmussen v Commonwealth of Virginia 12/28/1999
No TC error re: result of breathalyzer test properly admitted
2033983 Eddie Wayne Stover v Commonwealth of Virginia 12/28/1999
Evidence sufficient to prove involuntary manslaughter
2189984 Joseph Anthony Robbins, Sr. v Commonwealth of VA 12/28/1999
No TC err:admitting evid.of prior abuduction & assault of victim
2566983 Leroy Neal Barksdale,ska Leroy Neil Barksdale v CW 12/28/1999
No TC err:denial of mtn for order for CW for qual.analy\evid.suff
2683981 Vonda Kay Wilson v Commonwealth of Virginia 12/28/1999
No TC err:sentence to prison rather than detention ctr/no ADA vio
0108993 George Roger Barton v Louvenia C. Barton 12/21/1999
No TC err:husband failed to show material chg in circum re sp.sup
0384991 Brian Patrick Calvin v Elizabeth Jane Calvin 12/21/1999
No TC error re:spousal support/amount of sp.supp./additional evid
2003982 Homer D. Montague, s/k/a Homer Donte Montague v CW 12/21/1999
Insufficient evidence to convict for felony murder
2427981 Elmer K. Floyd v Commonwealth of Virginia 12/21/1999
Suff.evid to prove robbery, ident. & bodily inj w/caustic subst.
0026991 Michael Craig Powell v Commonwealth of Virginia 12/14/1999
Insuff.evid.to establish appellent's guilt as access. after fact
1015971 Deshon W. Pitt v Commonwealth of Virginia 12/14/1999
On Rehearing En Banc, opinion previously rendered is withdrawn
2592981 Ronald Mavin, Jr., s/k/a Ronald Linwood Mavin v CW 12/14/1999
Evid.sufficiently supports convict.;seizure of pill bottle lawful
1423981 Marvin Walter Haskins v Commonwealth of Virginia 12/07/1999
Insuff.evidence to prove appellant construcively poss.cocaine
1923982 Jerome Antonio Woodfork v Commonwealth of Virginia 12/07/1999
No TC err:conv.of mal.wounding,att.gr.larceny/remand clerical err
2397984 Keith Kessler v Dennis Smith, Director, DMAS 12/07/1999
TC erred in finding appeal not properly filed; case remanded
0321982 Christopher Scott Conrad v Commonwealth of VA 11/30/1999
On Rehearing En Banc, appellant's conviction affirmed
2717972 Jeffery McNair, s/k/a Jeffrey McNair v CW 11/30/1999
On Rehearing En Banc, we reverse McNair's conviction and dismiss
1459984 Brian Joseph Murphy v Commonwealth of Virginia 11/23/1999
No TC error re:refusing appellant's proffered instruction to jury
2322972 Tomika T. Taylor, s/k/a Tamika T. Taylor v CW 11/23/1999
Upon Rehearing En Banc,evid.sufficient to prove conv.of abduction
2969981 Joseph Robert Upchurch,s/k/a J.R.Upchurch, Jr.v CW 11/23/1999
No TC error re: refusing to grant appellant's motion to suppress
2614983 Robert Charles Holden v Jena Taetz Holden 11/16/1999
TC error: equitable distribution award and remand
0084994 Westmoreland Coal Company, et al.v William Russell 11/09/1999
No WCC err: Emp'er failed to meet burden of proving chg in cond.
2325984 Linda K. Avery v Virginia Retirement System 11/09/1999
Rehearing en banc order added to original opinion
2366942 Robert Elmore, s/k/a Robert D. Elmore v CW 11/09/1999
Since no opening brief filed after pfr granted, case dismissed
2851982 Gary S. Mosley v Donna S. Mosley 11/02/1999
No TC error re: refusal of certain credits re:sp.supp.&retirement
0402992 Russell Stover Candies, et al. v Sarah Alexander 10/26/1999
No TC err:interp.of Rule 3.2 as directory not mand/credible evid.
1846983 Lillie Rosenbaum Combs, s/k/a Lillie M. Combs v CW 10/26/1999
Suff.evid.to convict solicitation of money in connect.w/adoption
1891983 Nathan Allen Combs, s/k/a Nathan A. Combs v CW 10/26/1999
Evid.suf.to convict of solicitation of money in connect.w/adoptio
1909983 William Dean Shaver v Commonwealth of Virginia 10/26/1999
Evid.suff.to convict\No TC err:denial of motion to suppress
1915983 Susan Elaine Bailey v Commonwealth of Virginia 10/26/1999
Evid.sufficient to convict/No TC error: denial of mtn to suppress
2067983 Gloria Jean Smith v Commonwealth of Virginia 10/19/1999
Evid.suff.to support Smith's convictions for ass./batt.of officer
2538983 Thomas Abram Gray, Sr. v Commonwealth of Virginia 10/19/1999
No TCerr:no oblig.to define term/jury instr./evid.suff to convict
2698974 Warford L. O'Banion,s/k/a Worford L.O'Bannion v CW 10/19/1999
Rehearing en banc order added to original opinion
1261972 David Toran Peeples v Commonwealth of Virginia 10/05/1999
Upon Rehearing En Banc, judgment affirmed
1893972 Robert Lewis Clay v Commonwealth of Virginia 10/05/1999
Rehearing en banc order added to original opinion
1937982 Virginia P. Brown v Joseph B. Burch & David McNish 10/05/1999
No TC err:jurisd/in camera questioning/evid.suff./no discre.abuse
2310981 Alliance to Save the Mattaponi, et al. v CW, et al 10/05/1999
SWCL waives Bd's sovereign immunity/App.lack standing to challeng
2766971 Derek Wayne Gurganus v Commonwealth of Virginia 10/05/1999
Upon Rehearing En Banc, trial court judgment affirmed
2026981 Lisa L. Golden v Commonwealth of Virginia 09/28/1999
No TC error:denial of mtn to suppress evidence to unlawful arrest
0980982 Christopher Lyance Chatman v Commonwealth of VA 09/14/1999
Jgmt of TC reversed/remanded, whether app.entitled to mental eval
1439973 Rudolph Lynwood Hutchins, Jr. v Commonwealth 09/14/1999
Upon Rehearing En Banc, conviction reversed, indictment dismissed
2152971 David A. McDaniel v Commonwealth of Virginia 09/14/1999
Upon Rehearing En Banc, convictions reversed and matter remanded
2433982 Dahlia Francis v Derek Francis 09/14/1999
No TC err: due process/notice/dism.of sp.sup./child supp claim
0285982 Quinton Lazarr Hunley v Commonwealth of Virginia 09/07/1999
Evidence suff.to prove knowingly and intentionally poss'd cocaine
2667981 City of Portsmouth Sheriff's Dept v Stephen Clark 09/07/1999
NoTCerr:no rebut stat.presump of Sec.65.2-402(B)condi.is occup di
0271982 Celesteen Viola Yancey,s/k/a CelestineV.Yancy v CW 08/31/1999
No TC err:denial mtn to supp/prob.cause/evid.seized lawfully
0357974 USAir, Inc., et al. v Robert S. Joyce 08/31/1999
On Rehearing En Banc, parties have settled case
0857982 Timothy A. Mitchell v Commonwealth of Virginia 08/31/1999
No TC err:denial mtn to suppress/mtn to dis.for viol.speedy trial
1023982 Paul Bryan Lester v Commonwealth of Virginia 08/31/1999
No TC error: denial mtn to supp/evid.suff.to prove grand larceny
1830984 Colleen N. Brown v Mark R. Brown 08/31/1999
No TC err:award custody/no discontinuation home school
1712984 Earnest E. Weese, s/k/a Ernest E. Weese v CW 08/24/1999
No TC err:jurisdiction to enter conv/denying mtn to amend charge
0496984 Giulio Santillo v Commonwealth of Virginia 08/17/1999
No TC err:ref.pretrial motion/no viol.right to privacy/not vague
1642983 Buddy Lee Elkins v Commonwealth of Virginia 08/17/1999
Misd.conv.uncounseled(30 days),conv.improp.used as predicate off.
1680984 Dennis K. Pennington v Superior Iron Works, et al 08/17/1999
Clmt not entitled to PPD bene.in excess 500 wks per Code 65.1-56
0062984 Christian Dante Blaylock v Commonwealth of VA 08/10/1999
No TC err:police action didnt deprive liberty per Due Proc/4th Am
0995983 Benjamin Scot Elliot, s/k/a B.S. Elliott v CW 08/10/1999
Evidence suff.to support convictions of 2 degree murder/use of FA
1368981 Commonwealth of Virginia v Wayne Bernard Boone 08/10/1999
TC err in interpret/appl.Code 46.2-361(B)&(C)resinstat.driv.priv.
3086974 Keith Osborne Collins v Commonwealth of Virginia 08/10/1999
No TC err:police action didnt deprive liberty per Due Proc/4th Am
3087974 Keith Osborne Collins v Commonwealth of Virginia 08/10/1999
No TC err:police action didnt deprive liberty per Due Proc/4th Am
0235984 Roman A. Byrd v Commonwealth of Virginia 08/03/1999
no t/c err in admitting unredacted ords of conf during sentencing
0240981 Samuel Dan Clark v Commonwealth of Virginia 08/03/1999
no t/c err of intimidation insufficient to sustain convictions
0408984 David D. Matthews, Jr. v Commonwealth of Virginia 08/03/1999
no t/c err of violation of fourth amendment rights
1794981 Christopher Harrell v Commonwealth of Virginia 08/03/1999
t/c err in evid obtained in violation of fourth amendment rights
2899974 Gary E. Jewel v Commonwealth of Virginia 08/03/1999
no t/c err in CW use prior conv or refusing to give proff jury in
0547982 Tavario Shamont Gates v Commonwealth of Virginia 07/27/1999
no t/c err in denial of motion to suppress
0675982 Angel Manuel Ramos v Commonwealth of Virginia 07/27/1999
no t/c err, not in custody before arr, no miranda given
0834984 Joan M. Richardson v Joseph L. Richardson 07/27/1999
no t/c err in reduct of sp/ch spt, reversed on award of aty fee
1637971 Lorenzo McLean v Commonwealth of Virginia 07/27/1999
Upon a Rehearing En Banc, t/c judgment affirmed
1716984 Burton O. Sours, Jr., etc v Va Bd for Architects e 07/27/1999
t/c err in holding timely pymt,stat writ tax & clerks fees juris
1731982 City of Richmond Fire Department v George J. Dean 07/27/1999
no wcc err ruling rec failed to est evid of non-rel cause of dise
1734983 Henry Bowman v Commonwealth of Virginia 07/27/1999
t/c did not err in allowing a witness to id man depicted in video
1792981 Diane Harris Ragsdale v Thomas H. Ragsdale 07/27/1999
no t/c err invest accts, interest, child spt, attys fees
1797981 Thomas H. Ragsdale v Diane Harris Ragsdale 07/27/1999
no t/c err invest accts, interest, child spt, attys fees
1798981 Sentara Norfolk General Hosp. v State Health Comm 07/27/1999
err in comm's denial of copn for liver trans
2227971 Phillip Clay v Commonwealth of Virginia 07/27/1999
Upon a Rehearing En Banc, t/c judgment affirmed
2964974 Lewis A. Brown, Jr. v Commonwealth of Virginia 07/27/1999
no t/c err in denying mot to quash or denying mots to strike evid
0714982 Edward Farren v Commonwealth of Virginia 07/13/1999
No TC err: no recuse/allowing CW to make closing arg./evid.suff.
0461982 James F. Scott v. Jean Hall Rutherfoord 07/06/1999
No TC err:amending order/juris re:custody per UCCJA&PKPA/no recus
0500982 John J. Bahen, Jr. v County of Henrico 07/06/1999
No TC error re:ruling that street driving in "residence district"
1010982 James F. Scott v Jean Hall Rutherfoord 07/06/1999
No TC err:amending final order/juris.re: custody in UCCJA&PKPA
1235983 Tracy Lewayne Moss v Commonwealth of Virginia 07/06/1999
TC err:mtn to supp.should be granted;No TC err:in cust for escape
1480972 James L. Terry v Commonwealth of Virginia 07/06/1999
On Rehearing En Banc, on guilty plea,def.waived defects pre-plea
2522983 John M. Surprenant v Board for Contractors, et al 07/06/1999
No TC err: affirming award by Board of Contractors under VCTRA
2968972 William F. Howe, III v Susan B. Howe 07/06/1999
No TC err: gift proceeds part of income/TC err:life ins.included
0259983 Robert A. Blackburn v Joan Lavonne Michael 06/29/1999
TC error re: chg in circum.re: spousal support/wife not unemploye
0871981 Albert L. Kelln v Amanda F. B. Kelln 06/29/1999
TC err:class.re: certain assets trans.to trust during marriage
0982984 Carl Wesley Ernest Warner v Commonwealth of VA 06/29/1999
Evidence sufficient to support conviction /admiss.hearsay evide
1772982 Barbara W. Johnson v Virginia Retirement System 06/29/1999
No TC err:record contains substantial evidence to support VRS'dec
1921983 Mark Algie Reynolds v Commonwealth of Virginia 06/29/1999
Evid.suff:proved driving in viol./No TC err:admit.cert.of analysi
2136973 Jon Douglas Alexander v Commonwealth of Virginia 06/29/1999
Upon Rehearing En Banc, judmt of trial court reversed/case remand
2182982 Cadmus Magazines & Royal Ins.Co.v Anthony Williams 06/29/1999
WCC correctly ruled that claimant was injured in course of employ
0291981 James Edward Burke v Commonwealth of Virginia 06/22/1999
No TC err:denial of mtn to suppress/evid.suff.to support convict.
0196982 Michael Wayne Luck v Commonwealth of Virginia 06/15/1999
No TC error:refusal to admit evid.of victim's prior convictions
0422984 Shane Edward Dean v Commonwealth of Virginia 06/15/1999
No TC err:refusing to admit cert.of analysis/release of witnesses
0477984 Reznick Devole Currie v Commonwealth of Virginia 06/15/1999
No TC error re: excluding 5 categories/den.exculp.evid/mtn to stk
1761983 Jamie Michael Hall v Commonwealth of Virginia 06/15/1999
No TC error re: denying motion to w/d Alford pleas
2793983 Major Ridley Owens v VDOT/Commonwealth 06/15/1999
No WCC err:Owens failed to prove sound gave psychological inj/acc
3073974 Patrick Sean Cooper v Commonwealth of Virginia 06/15/1999
Evidence properly admitted and evid.sufficient to sustain convict
0592984 Javier Jerome Batts v Commonwealth of Virginia 06/08/1999
TC error re: imposing 5 year sentence for 2nd offense FA convict.
1655982 Thomas Refuse Service, et al. v Flood, et al. 06/08/1999
No WCC error re: benefits to employee's statutory benficiaries
1739982 Food Lion, Inc. v Curtis T. Newsome 06/08/1999
No WCC err:no auth.to limit employer's liab. in diff./ wages
0591982 Joseph C. Boney v Commonwealth 06/01/1999
TC erroneously admitted evid.of prior offenses and related miscon
0745982 Dwayne Humbert, a/k/a David John Brown v CW 06/01/1999
TC error re: denying appellant's mistrial motion
0958984 R. Keith Hastie v Ellen D. Hastie 06/01/1999
Case remanded for entry of proper QDRO per Code 20-107.3(k)(4)
0246973 Christopher John Reittinger v Commonwealth 05/25/1999
On Rehearing En Banc, frisk reasonable, no violation 4th Amend
0668982 Walter X. Slawski v CW, DSS, DSCE, obo P. Sheehan 05/25/1999
Matter not fully reviewable/Remanded for determination of arrear.
0863983 James Carl McCulloch v Commonwealth of Virginia 05/25/1999
No TC error: no second expert/not permitting test. re: sanity
0873982 Bradford Ramey Ingram v Commonwealth of Virginia 05/25/1999
No TC error:conviction for DUI did not violate Double Jeopardy
1051982 Louis Jordan Powell, Jr. v Commonwealth 05/25/1999
TC error re: mtn to dismiss re: speedy trial violation
1240981 Michael Joseph DeAmicis v Commonwealth of VA 05/25/1999
Granted rehearing en banc order added to original opinion
0970981 Maurice Kevin Williams v Commonwealth of Virginia 05/18/1999
No TC error re: deny mtn to strike/class of offense while in cust
1530982 Gunst Corporation and Reliance Ins.Co. v Childress 05/18/1999
No WCC error re: max.medical improvement/entitle.to perm.tot.inca
3010972 Bobby Joe Simerly v Commonwealth of Virginia 05/18/1999
TC err:resent.per 19.2-300/No TC err:mental exam per 19.2-176
0691982 Daniel Lawson Anderson v Cheryl Kerner Anderson 05/11/1999
Correction to pages 6 and 9; Barbara Hulburt's name spelled incor
3025972 Stacy Lamont Hayes, s/k/a Stacey Hayes v CW 05/11/1999
TC error re: denying motion to suppress; convictions reversed
1292972 Curtis S. Rhodes v Commonwealth of Virginia 05/04/1999
On Rehearing En Banc, this Court reversed TC's decision
1875983 Kathy Jo Dotson v Jeffery S. and Janice Hylton 05/04/1999
No TC error re: visitation to paternal grandparents
0113983 Sarah Margaret Runyon, s/k/a, et al. v CW 04/27/1999
No TC error re: limiting test.re mental cond./refused to susp.sen
0210982 Ronnie Lee Rogers v Commonwealth of Virginia 04/27/1999
No TC err:decision was interim/no viol of Code 19.2-303 &Rule 1.1
0820982 May Department Stores Company v CW, DEQ & Treacy 04/27/1999
VAPA gives right to jud.review of DEQ's denial of request reimbur
1004981 Katrina Anne Miller, a/k/a Katrina A.McDaniel v CW 04/27/1999
No TC err:denied mtn to dismiss indict.w/time prescribed in IAD
1566982 Roscoe Chitwood v E.I. Du Pont De Nemours, et al. 04/27/1999
No WCC err:allowing employer credit for pymts made against award
2287974 Edward T. Resio, s/k/a Edward Thomas Resio v CW 04/27/1999
No TC error re: revokation order/TC error re: related sentence
2602971 Robert Alex Esparza v Commonwealth of Virginia 04/27/1999
TC's refusal to entertain mtn to reduce incarceration harmless er
0148982 Brenda Ann Ellis v Commonwealth of Virginia 04/20/1999
Insuff.evid.def.acted w/crim.intent/state of mind req'd for conv
0506984 John Arthur Yiaadey v Commonwealth 04/20/1999
No TC error re:not dismissing case under IAD/no viol.speedy trial
2481974 Melvin Irvin Shifflett, s/k/a etc. v Commonwealth 04/20/1999
No TC error re: admit.test.of prior crime/admit testi.of Howard
2642974 Jason K. Jones, s/k/a etc. v Commonwealth 04/20/1999
No TC error re: failing to grant mtn to w/d Alford plea
0555983 Billy Roger Weaver, Jr. v Commonwealth of VA 04/13/1999
Arrest valid;No TC error re: admitting results of breath analysis
2863972 John Joseph Warmouth v Commonwealth of Virginia 04/13/1999
TC error:Admitting test./some evidence/def.counsel remarks improp
2965974 George Lamay v Commonwealth of Virginia 04/13/1999
TC err:no perm.def.to elicit test.re:phys.inabil.for breath test
0119982 Jason Anthony Jackson v Commonwealth of VA 04/06/1999
No TC err:impos.of juven.sent.option as cond.of susp.prison sent
0146982 Christen Erickson Smiley v Michael D. Erickson 04/06/1999
TC err:dism.of appeal/fail.to require new sec./oral agmt arreages
1695973 Paul Ed Newton v Commonwealth of Virginia 04/06/1999
No reversible error re: privil.info/suff.evid.to convict/transmit
0964984 Fairfax County Dept. of Family Services v DN & SN 03/30/1999
Replacement opinion
1219984 Leah Bendele, An Infant, et al. v CW, DMAS 03/30/1999
No TC err:saving prov.(8.01-288) don't apply when docu.mailed
2029972 Tyrone Dunbar v Commonwealth of Virginia 03/30/1999
Correction to pg 1; second line should read argument by teleconf
2543973 Diane L. Moran v Curtis E. Moran, Jr. 03/30/1999
TC error:sep.prop.pre-mar.cont.to pension plan/No err:Berkshire
0121982 Calvin L. Woodridge v Commonwealth of Virginia 03/23/1999
No TC err:admit results of breath test/prelim.breath test/flt ins
0367982 Derrick Devon Logan v Commonwealth of Virginia 03/23/1999
Evid.suff.to est.reasonable, articulable suspicion def. armed
0404981 Cornelius Rodney Coston v Commonwealth of Virginia 03/23/1999
No TCerr:summons public record/issued by pub.officer in this case
2024971 Nathaniel Jones v Commonwealth of Virginia 03/23/1999
Challendged evid.not obtained as result of unreason.search &seize
2496972 Darnell D. Crawley v Commonwealth of Virginia 03/23/1999
Insuff.evid. to prove def.was person whose f'prints found @ scene
2663971 Jessie Lamont Mercer, a/k/a Tony Horice Davis v CW 03/23/1999
Evid.suff.to prove appellant violated Code Sec. 18.2-94
0278982 Carl Lee Williams v Commonwealth of Virginia 03/16/1999
No TC error re:admitting evidence/evid.suff.to support conviction
1177981 Wayne Collins Castelow v Commonwealth 03/16/1999
TC error re:no proper found.for complaints to stepmom/no harm.err
3134963 Paul Michael Dalton, Jr. v Commonwealth of VA 03/16/1999
Upon Rehearing En Banc, TC's decision reversed and case remanded
0758981 Matthew J.Clauson,s/k/a Matthew James Clausen v CW 03/09/1999
No TC error re: appellant foreclosed opport.to appeal mtn to dis
1912974 Eugene Allen Bennett v Commonwealth 03/09/1999
No TC error re: refus.to grant mistrial-polygraph/closing arg.
2180972 Monique Demetrius Redd v Commonwealth 03/09/1999
Evid.suff. to prove firearm conviction and reverse grand larceny
2359972 Kevin Lamont Dickerson v Commonwealth of Virginia 03/09/1999
No TC error re: ordering joint trial with Clarke
2618971 Charles Richard Acey v Commonwealth of Virginia 03/09/1999
Evid.suff.to supp larc.conv./TC err:3x larceny of FA/FA pos/reman
0186984 Elliott McCrae Wilson v Commonwealth of Virginia 03/02/1999
No TC error re: admitting videotape taken during robbery
0195981 CW, DMV v. Keith Wallace 03/02/1999
TC error in determining defendant was not habitual offender
1813981 Mercy Tidewater Ambulance Service v Bert Carpenter 03/02/1999
No WCC error re: perm.part.dis,/WCC ERROR: impairment premature
0061981 Haywood Louis Burke v Commonwealth 02/23/1999
No TC error re: appellant waived objection to defect in procedure
0402981 Smithfield Packing Company, Inc., et al. v Carlton 02/23/1999
No WCC error:accident arose out of employ./not barred by miscond.
0433983 Dennis James Hartless v Commonwealth 02/23/1999
TC affirmed, though modified:term of prob.coterminous w/susp.sent
1698974 Roger Lee Jett v Commonwealth 02/23/1999
On Rehearing En Banc, a panel of this Court affirmed conviction
2810974 Ronald Jackson Brown v Commonwealth 02/23/1999
Corr.to page 12:last sent.in last para.Pros.Juror No.3, not Brown
0241981 Kenneth James Krampen v Commonwealth of Virginia 02/09/1999
Evid.suff.to prove def.had cust.rela.w/child(viol.Code 18.2-370.1
0653981 Michael Alan Sears v Commonwealth of Virginia 02/09/1999
Evid. suff.to prove def. habit. offender at time of alleged crime
0665972 Mark Evans Epps v Commonwealth of Virginia 02/09/1999
Upon Rehearing En Banc, trial court is affirmed
0427981 Commonwealth of Virginia, DMV v Arthles H. Lynn 02/02/1999
Correct.to page 6,line 3,Brown quote-the language of in brackets
0568973 James Henry Burley v Commonwealth of Virginia 02/02/1999
No TC err:2murder/not severing possession of FA by felon charge
0650984 Bettie W. Penrod v James E. Penrod 02/02/1999
No TC err:per parties' agrmt,wife no longer entitled to sp. supp.
1447981 Ruth P. Hoy, n/k/a Ruth Pearce v Franklin Hoy, Jr. 02/02/1999
Summarily affirmed
1767974 Morris B. Armstrong v Commonwealth of Virginia 02/02/1999
No TC err:not supp.evid./evid.suff. to conv.for poss.of cocaine
2552972 Rusty's Welding Service, Inc., et al. v Gibson 02/02/1999
On Rehearing En Banc, this Court affirmed commission's decision
2613971 Steven Thomas Waters v Commonwealth of Virginia 02/02/1999
Evid. suff.to prove robbery, stat.burg. & consp.to commit robbery
0597982 Overhead Door Company of Norfolk, et al. v Lewis 01/26/1999
No WCC err:no auth.to provide relief/equit.auth.to term.clmt ben
0782983 Amy C. Wells v Billy R. Wells, Jr. 01/26/1999
Order interloc.&didn't adjudicate princ.of cause/case dismissed
0901983 Phil Damewood, Admin., et al. v Lanford Bros, etal 01/26/1999
No WCC err:carrier w/drew offer before approval after clmts death
1166971 Andra S. Wilson v Commonwealth of Virginia 01/26/1999
Appt's deten.at chkpoint unlawful/evid.seized should've been supp
1513974 Frank Ernest Miller, Jr. v Commonwealth 01/26/1999
Correction to page one:attorney's list: Jeffrey S. Shapiro added
1700974 Fairfax County School Board v Ellen M. Rose 01/26/1999
Upon Rehearing En Banc, CAV affirmed commission decision
2622972 Charles Douglas Calfee v Lisa White Calfee 01/26/1999
TC's belated attempt to exer.jurisdiction was without stat.author
0230962 Welford V. Washington v Commonwealth of Virginia 01/19/1999
On Rehearing En Banc, convictions affirmed
1181983 Virginia Employment Commission v Herbert Davenport 01/19/1999
TC error re: awarding unemployment benefits to Davenport
2341972 John Ray Moss v Commonwealth of Virginia 01/19/1999
Evidence sufficient to prove possession of burglary tools w/inten
2823972 Commonwealth of Virginia v Walter Onassis Brown 01/12/1999
TC error re: restoring appellant's driver's license (habit.off.)
2836973 Rodney Dale Jones v Town of Marion 01/12/1999
No TC err:officer's failure to comply with 18.2-267 not inval.arr
2995974 Gregory A. Morris v Virginia Retirment System 01/12/1999
Correction to page 7,ln 21;insert "that" between intended and the
2799973 Shane Larue Bailey v Commonwealth of Virginia 01/05/1999
Evidence est.reasonable, articulable susp.upon which to stop def.
2109972 Zuhaar Jamal Ramadan v Commonwealth of Virginia 12/29/1998
No TC err:o'ruled mtn to dis/suf.evid.proved driving endang.lives
3028973 Donny Lewis Franklin, Jr. v Commonwealth of VA 12/29/1998
Evid.suff. to prove entry into subject premises
0768983 Allen & Rocks, Inc., et al. v Perry L. Briggs 12/22/1998
WC err:award of atty fees/No WC err:chg dr./knee inj.no comp.con
1519974 Anthony Franklin Moody v Commonwealth of Virginia 12/22/1998
Evid.suff.to find def.acted w/intent to maim,disfig.or kill
2611974 Diego Cotoc Siquina v Commonwealth of Virginia 12/22/1998
Evid.suff.to convict for taking indecent lib.w/child & att.rape
2654973 Elise N.B.McK. Horn v Clyde J. Horn 12/22/1998
Decree is interlocutory and therefore unappealable/CAV no jurisdi
2898973 Link M. Smith v Dept.of Mines,Minerals & Energy,et 12/22/1998
No TC err:denial app. replacement of lost resid'l water supplies
0225983 Robert Lynn Sink v Commonwealth of Virginia 12/15/1998
Evid.suff.to sustain convic.of driving after been ajud.habit.offe
1704984 National Fruit Product Company, et al. v Staton 12/15/1998
Summarily affirmed
2128973 Benjamin Matthew Morgan v Commonwealth of Virginia 12/15/1998
No TC error:Bar of res judicata does not prohibit def.conviction
2185972 Charles Lee Taylor v Commonwealth of Virginia 12/15/1998
TC err:mtn to supp.denial reversed/strip search violated 4th Amen
2227971 Phillip Clay v Commonwealth of Virginia 12/15/1998
Granted rehearing en banc added to original opinion
2876973 Roger Sylvester Sims v Commonwealth of Virginia 12/15/1998
Correction to page 2: last line, brackets around her and quote mk
0920972 William Cage Stevenson v Commonwealth of Virginia 12/08/1998
On Rehearing En Banc, judgment of trial court is affirmed
1637971 Lorenzo McLean v Commonwealth of Virginia 12/08/1998
Granted rehearing en banc order added to original opinion
1785973 Danful Ray Herring v Commonwealth of Virginia 12/08/1998
No TC err:breath test unavail. when breathalyzer didn't function
2138973 Timothy Herrel, s/k/a Timothy Joseph Herrel v CW 12/08/1998
Suff.evid.to prove intent marital sex.assault/finger is object
2432973 John Percy Lee, Sr. v Commonwealth of Virginia 12/08/1998
Evid.suff. to prove defendant forged the checks
2526971 Willie J. Green v Commonwealth of Virginia 12/08/1998
No TC error:imposing 3 yr, unsusp.sentence per Code Sec 18.2-53.1
2709974 Fred Cardwell v Commonwealth of Virginia 12/08/1998
App.'s guilty plea controls appeal/pled w/o raising d.jeop.issue
0313984 Donald Douglas v Bonnie Hammell, f/k/a B. Douglas 12/01/1998
No TC error:Husb.req.to reimburse wife for some of son's coll.exp
0417984 Mount Vernon Builders, Inc., et al. v Rotty 12/01/1998
No WC err:not indep.contr/Mt.Vernon stat.emplyr/WCC err:wkly wage
0610973 Dora Ann Swain v Commonwealth 12/01/1998
No TC err:Officer's test.not inadmis.h'say/Sent.vacated/Remanded
1374973 Ronald Giles, Jr. v Commonwealth 12/01/1998
No TC error re: no violation of 5th amend. right to counsel
1485972 Daniel Eric Boyd v Commonwealth 12/01/1998
No TC err:didn't vio.due process by imposing post-rel.susp.incar.
1498982 Commonwealth of Virginia v Shamaal L'Ture Benjamin 12/01/1998
No TC error re: TC's order suppressing the evidence
2550974 David Lee Thompson v Commonwealth 12/01/1998
No TC error re: grant CW's mtn in lim/supp.statmt not accusation
2036972 Tracy M. Bolden v Commonwealth of Virginia 11/24/1998
TC Err:fraud resulted in neither title/poss.of auto pass.to appt
2254972 Richmond Department of Social Services v G. Carter 11/24/1998
TC err:apply.more exact evidentiary req.to DSS/wrong std of proof
2322972 Tomika T. Taylor, s/k/a, etc. v Commonwealth 11/24/1998
Rehearing en banc order added to original opinion
2168962 Ervin Woodson Cavell v Commonwealth of Virginia 11/10/1998
Correction to page 1;remove comma and Asst.Pub.Def.from C.Seltzer
2460974 Katherine D. Hilliards v Larry Jackson, Comm.,VDSS 11/10/1998
TC err:incl.proceeds from sale as income when calc.food stamp ben
2527971 Fred Byron Gilbert v Commonwealth of Virginia 11/10/1998
TC error: there was sufficient evidence to prove self-defense
0081982 Dinwiddie Co. School Board v Delorice M. Cole 11/03/1998
No WCC err:awrd clmt lost wages based on comb. wkly wge on 2 jobs
2194971 Robbin A. Bynum v Commonwealth of Virginia 11/03/1998
No TCerr:adm.prev.sup.stmt/stmt.used as sub.evi/ent.stmt/evi.suff
2159971 Rose Marie Outland Jones v Commonwealth of VA 10/27/1998
TC error re: exclusion of doctor's expert testimony not harmless
1188974 Charles Justin Utz, s/k/a etc., a/k/a, etc. v CW 10/20/1998
Evid.suff.to convict and no TC err:allowing exp.test.gang culture
2499972 M.Ruckman, Jr., s/k/a Maynard F. Ruckman, Jr. v CW 10/20/1998
Evid.insuff.to prove def.knowingly obstr.officer in perf.of duty
1735974 Douglas M. Armel, Jr. v Commonwealth of Virginia 10/13/1998
No TC error re: denied of prelim.hrg on orig. warrants no viol.
1635972 Terry Lee Gregory v Commonwealth of Virginia 10/06/1998
Evidence sufficient to prove possession of firearm by conv.felon
1940971 Ron Roberts, s/k/a Ronald Roy Roberts v CW 10/06/1998
TC error: finding app. operating auto on "highway" Sec. 46.2-100
2456972 George William Richardson v Commonwealth 10/06/1998
TC err:dismissed as untimely appeal from juvenile ct re: comm.rev
0294981 Circuit City Store, Inc., et al. v Raymond Scotece 09/29/1998
No WCC error:supp.doc.failed to est.prob.cause clms were meritito
0961982 Commonwealth of Virginia v Richard H. Rice 09/29/1998
TC's order suppressing evidence reversed/case remanded
2699971 Pamela Vokes, n/k/a Pamela Spiggle v Martin Vokes 09/29/1998
No TC err: mom's appeal of 7/3 order/TC err:atty fees/GAL costs
1450961 Billy Joe Brown v Commonwealth of Virginia 09/22/1998
No TCerr:ref.disqu.CW's office/disq.venire/ref stke juror/chg ven
1938973 Carl Henry Dillard v Commonwealth 09/22/1998
TC err:no address suff.CW proof re:caliber crit./no proof reas do
1292972 Curtis S. Rhodes v. Commonwealth of Virginia 09/15/1998
Granted Rehearing En Banc order added to original opinion
1436974 Jeramie Michael Baker v Commonwealth of Virginia 09/15/1998
TC err:juven.proceedings not served prop/trans.juris/conv.s void
2165963 Charlie Hackney v Commonwealth of Virginia 09/15/1998
On Rehearing En Banc, FA charge affirmed & reverse grand larceny
1008972 Marcus Antroniel Langston v Commonwealth 09/08/1998
Stop and search supp.by reason.susp./evidence suff. to convict
2161972 Derrell William Chappelle v Commonwealth 09/08/1998
Proof of fear not indispensable element to robbery offense
0119972 Angelo Lewis Ford v Commonwealth of Virginia 09/01/1998
No t/c error in denying motion to supp/evid sufficient to convict
1110973 Johnny Anthony Valentine v Commonwealth 09/01/1998
No TC error re: rejecting evidence of collateral facts
2785974 General Trading Corporation v motor vehicle dealer 09/01/1998
No t/c error in dening compensation from Fund
1445974 Darrell S. Lewis, s/k/a Darrell Scott Lewis v CW 08/18/1998
TC erred:refused to instruct jury fully re: elements of offense
1553974 Jervon Lamant Herbin, s/k/a J. Lamont Herbin v CW 08/18/1998
No TC error re: refusal jury instr.re: insanity/admit letters
1702972 Kelly Yvette Timbers v Commonwealth of Virginia 08/18/1998
TC err: violation of Miranda rights/Evid.suff. to support convict
2168972 Gerald W. Bowman, s/k/a Gerald Wesley Bowman v CW 08/18/1998
TC committed reversible error in admit.test.of executor(hearsay)
2237972 Yard Bird, Inc., T/A Tzers v VEC 08/18/1998
TC err:dancers free from YB's control/NoTC err:dancers are employ
3017962 Russell Erin Gray v Commonwealth 08/18/1998
No TC error: judge made no error in refus.to grant caution.instr.
1693972 Antonio Maurice Robinson v Commonwealth 08/11/1998
No TC error re: no denial of statutory right to speedy trial
2457973 Avant - at Lynchburg, Inc. v. Joseph M. Teefey, Com 08/11/1998
TC error:Avant - should be reimb.for providing special care to pt
0088974 Clarence H. Carter, Commissioner, VDSS v Gordon 08/04/1998
Correction to page 8, first full paragraph, 3rd sentence change
1369972 City of Hopewell, et al. v Michael W. Tirpak 07/28/1998
WCC juris.re:clm/comm.diag date/WCC err:emp.no rebutSec.65.2-402B
0818963 Gordon Wayne Welshman, s/k/a G.W. Welshman, Jr vCW 07/21/1998
On Rhrg En Banc,TC prop.den.mtn to supp./evid suff.int to dis coc
0938962 Chance Taylor v Commonwealth of Virginia 07/21/1998
Upon Rehearing En Banc, Appellant's convictions are affirmed
1320974 Kevin Eugene Holland v Commonwealth 07/21/1998
No TC err:officers didn't act outside stat.auth.by barment notice
1854974 Yazid Abunaaj v Commonwealth 07/21/1998
TC error re: admit.tape& trans/HIV test.& exclu.of contrary evid
2804971 Clarence H. Carter, Commission, VA DSS v Ancel 07/21/1998
Correction on page 1; counsel name should be Poynor
1510972 Lorenzo C. Coleman v Commonwealth of Virginia 07/14/1998
No TC error: app.bound by disc.order/failed to cond.disc.by order
1772963 John Jefferson Martin v Joyce K. Moses Martin 07/14/1998
On Rehearing En Banc, trial court's equit. dist. award reversed
0250974 Allen Abraham Lebedun v Commonwealth of Virginia 07/07/1998
Correction to page 7, line 2; cite change
1498973 Henry Adolphus Thompson v Commonwealth of Virginia 07/07/1998
Corrections to pg.3, ln 23, (cite) and pg 5, ln 7, endanger"s"
1506973 Daivd Wayne Allen v Commonwealth of Virginia 07/07/1998
Court declines to review issue(vol.plea) for first time on appeal
2552971 Rusty's Welding Service, Inc., et al. v Gibson 07/07/1998
Rehearing en banc order added to original opinion
0581971 Larry Donnell Green v Commonwealth of Virginia 06/30/1998
NO TC error re: tc didn't suppress inculpatory stmts before trial
1365972 Lawrence D. Loflin v Commonwealth 06/30/1998
No TC error: TC modifying prior order to make him habit.offender
1372971 Murrell Edward Patrick v Commonwealth 06/30/1998
No TC error:expert wit/denial mtn to reconsider/suff.evid.penetra
1402973 Patrick D. Rooney,III,a/k/a Francis P. Rooney v CW 06/30/1998
TC error:no evid.Rooney misappropriated funds or for non-corp.pur
1480972 James L. Terry v Commonwealth 06/30/1998
Rehearing en banc order added to original opinion
1980973 Matthew Shane Phillips v Commonwealth 06/30/1998
Fel.conv dist.marij./school prop.not barred b/c misd.conv.for dis
2332972 Groome Trans.Inc., et al. v VA DMV & Gulfstream 06/30/1998
No TC error re: approval of DMV's issuance of Class A cert.
2860962 William Matthew Thompson v Commonwealth 06/30/1998
No TC error re: Charlotte habitual offender order not void
0361972 William I. Marable v Commonwealth 06/16/1998
Evid.suff.to prove burning intentional/crim.agent/dwelling occup.
0604974 Daniel Bizzoco v Commonwealth 06/16/1998
Evidence suff. to support TC's finding appellant criminal agent
0812972 Richard L. Barker v Nancy J. Barker 06/16/1998
TC error re: improp.awarded credit to wife
0955972 James Edward Harris, Jr. v Commonwealth 06/16/1998
No TC error re:denied mtn to suppress/admt.evid/conv.poss.cocaine
1075972 John David Lovelace v Commonwealth 06/16/1998
No TC error:denying mtn to supp/evid.suff.int.to distrib.cocaine
2241974 Robert W. Hutchins v Rosana L. Carrillo 06/16/1998
TC error: no lack juris re: appeal bond/early closing clerk's off
2480974 Norma Jean Arbuckle v Gary R. Arbuckle 06/16/1998
No TC error re: tax consquences-hypothetical sale of dental prac.
0703971 Antonio L. Jefferson, s/k/a A. Lemon Jefferson vCW 06/09/1998
No TC error re: denying leave to w/d nolo contendere plea
1495974 Michael Patrick Burke v Commonwealth 06/09/1998
Judge ref.to redact from conv.order punishment imposed/harmless
2239963 Larry Joe Dargan, Jr. v Commonwealth 06/09/1998
On Rehearing En Banc, TC judgment affirmed
0802974 Jose A. Sagastume v Commonwealth 06/02/1998
No TC err:denial of mtn to strike grand larc.conv/single larc.rul
0929972 Jimmy Ricks v Commonwealth 06/02/1998
TC error re:insuff.evid.to convict for violation of Code 18.2-308
0936963 John Edward Watkins, s/k/a, etc/ v Commonwealth 06/02/1998
On Rehearing En Banc, trial court's decision affirmed
1744974 Marlene Niemiec v Commonwealth, DSS, DSCE, et al. 06/02/1998
TC error re:imputed income to appell.when calculating child supp.
0410974 Donna M. Piatt v John Piatt 05/26/1998
No TC error: phys.custody/sexual conduct/admissibility evidence
1966974 Roger Lee Woodard v Commonwealth 05/26/1998
CW failed to prove sexual abuse accomplished by intimidation
2124974 Jerry P. Wilson v Marilyn H. Collins, f/k/a Wilson 05/26/1998
Corrections to pages 14 and 16 (Roman numerals III and IV)
1692974 Clarence Linwood Bowen v Commonwealth of Virginia 05/19/1998
Insuff. evid. to support conviction for second offence stalking
0109973 Robert Scott Lynn v Commonwealth 05/12/1998
Correction to page 12, line 8: cite should be Hodges v CW
1241974 Roy Damien Smith, Jr. v Commonwealth 05/12/1998
Correction on page 8, line 2 (Code Section should be 18.2-32)
1390973 Lawrence W. Langley v Anne P. Johnson 05/12/1998
TC err:prov.of Code 20-109&20-109.1 term.sp.supp on wife's remarr
2700972 Commonwealth of Virginia v Denise Patrice Gilmore 05/06/1998
TC err:warrantless search of body cavity unreasonable per 4th Amd
0092971 Aundra N. Jenkins v Ford Motor Company 05/05/1998
No WCC error:Ford not equit.estopped from asserting stat.limitat.
0113972 James Leroy Forbes v Commonwealth of Virginia 05/05/1998
Insufficient evidence to convict for involuntary manslaughter
0589973 Jewell P. Moses, s/k/a Jewel P. Moses v CW 05/05/1998
No TC err:Code Sec. 19.2-299(C) constit./no reveal unnamed source
1312972 Katherine Frazier Brooks v William Congdon Brooks 05/05/1998
Correction:style previously incorrect:K.Brooks v.W.Brooks correct
1335963 Elvin William Sheppard v Commonwealth of Virginia 05/05/1998
On Rehearing En Banc, TC decision affirmed
0694974 John Leslie Neal v Commonwealth of Virginia 04/28/1998
Correction on page 1
1038973 Luigi David Vissicchio v Melissa F. Vissicchio 04/28/1998
No TC error re:child cust.& supp/visit./TC error:future.spou.supp
1325972 Hallie Junius Bullock v Commonwealth of Virginia 04/28/1998
No TC error re: admitting evidence of def.'s subsequent bad acts
2205964 Thomas C. Shooltz v Jane Hoffman Shooltz 04/28/1998
Corrections on page 17 and 18
2209964 Jane Hoffman Shooltz v Thomas C. Shooltz 04/28/1998
Corrections to pages 17 and 18
0545973 Tremayne Orteze Powell v Commonwealth of Virginia 04/21/1998
No TC error re: denial of mtn to supp.marijuana/evid.suff to conv
0771973 Barbara Faye Adkins v Commonwealth of Virginia 04/21/1998
No TC err:false stmt on form made in trans w/Fed.licen. FA dealer
1373972 Virginia Employment Commission v Porter-Blaine Cor 04/21/1998
TC err:revers.VEC's decis.service perf.by drywallers cons.employm
1419972 Herman Walter Moore, Jr., a/k/a v Commonwealth 04/21/1998
TC error re: conv.for poss.of cocaine while poss FA/consec.sent
1521973 Uninsured Employer's Fund v Flanary, et al. 04/21/1998
No TC err:apport.awd b/w Fund & Ins.Cos./liable for other insurer
1865972 James Mark Taylor, Jr. v Commonwealth of Virginia 04/21/1998
No TC error: attys' fees/TC err: atty's fees as lump sum sp.sup
2478951 Thomas Matthew Pavlick, Jr. v Commonwealth 04/21/1998
On Rehearing En Banc, appellant's conviction is affirmed
0377973 Larry E. Samuels v Commonwealth of Virginia 04/14/1998
No TC error re: Admis.of 1987 DUI conviction order/rep.by counsel
0936971 Carl E. Frazier v CW, D.S.S.,D.C.S.E.,S. Sandridge 04/14/1998
TC error re: Appellant exempted from appeal bonding requirement
1045974 Clifton Franklin v CW,D.S.S.,D.C.S.E., M. Franklin 04/14/1998
No TC err:DCSE had juris.to issue ASO/husb.prop served&had notice
1921964 Charlton E. Gnadt, Jr. v Commonwealth of Virginia 04/14/1998
No TC err:Ass&batt.a less-incl off.of sex.batt/touch w/no consent
0587973 Bolivar Caudill, s/k/a Boliver Caudill v CW 04/07/1998
No TC err:refu.inst.jury re:heat of pass.def&impact incar on fami
0686971 Antonia M.R.Romero, a/k/a v George Allen Colbow. 04/07/1998
TC err:found wife guilty of adultery/spousal supp./equi.dis.pensi
1117972 Luciano Montalvo v Commonwealth of Virginia 04/07/1998
No TC error: denying appellant first offender status per 18.2-251
2609962 Alton Calvin Leake, Jr. v Commonwealth of Virginia 04/07/1998
No TC error re: app. "operating" auto/under influence of alcohol
2917963 Victoria Price Brown v Commonwealth of Virginia 04/07/1998
TC error:because arrest unlawful, appell.could resist-self-defen
0012972 Steven Lawrence Sykes v Commonwealth of Virginia 03/31/1998
TC error re: gas card used was not credit card per 18.2-192
0605962 Calvin Arthur Wood, Jr. v Commonwealth of Virginia 03/31/1998
On Rehearing en banc, TC's decision re:mtn to dismiss is reversed
0716972 Kenneth O'Neal Jefferson v Commonwealth 03/31/1998
Amendment to page nineteen, footnote five
0800972 Willie Randy Waller v Commonwealth of Virginia 03/31/1998
No TC error re:admit.cert.of analy. of cocaine in viol.of statute
0912974 Michael R. Holden v Commonwealth of Virginia 03/31/1998
No TC error:TC had juris. to revoke susp. sent/no viol. due proc.
0931973 James P. Hart, III v Marie Holt Hart 03/31/1998
Corrections: pages 2, l.9, p.5, l.3, p.9, l.14 and p.22, l.20-21
0979973 Marie Holt Hart v James P. Hart, III 03/31/1998
Corrections: p.2, ln. 9; p.5, ln. 3; p.9, ln. 14; p.22, ln. 20-21
0918971 Gregory Fisher, Jr. v Commonwealth of Virginia 03/24/1998
No TC error:no denial of speedy trial/refu.to permit atty to w/d
1055972 Tyrone Drumgoole v Commonwealth of Virginia 03/24/1998
No TC error:allowing quest.on cross-ex.not beyond scope of direct
3071962 Lamont Ernest Harris v Commonwealth of Virginia 03/24/1998
No TC error re: no vio of 14th Amendment Due Process Clause
0319971 Todd MacArthur Glasco v Commonwealth of Virginia 03/17/1998
No TC err:suff.evid.to conv for poss.of cocaine w/int & FA w/coca
0373972 Jamal Shagun Winston, a/k/a, et al. v Commonwealth 03/17/1998
No TC err:denial mtn to set aside re:subject mtr juris/insuf.evid
0754972 Justin Williams v Commonwealth of Virginia 03/17/1998
TC error re: faulty trans.to Cir.Ct b/c def's mother not notified
0815971 Curtis T. Brown v Commonwealth of Virginia 03/17/1998
Evid. suff. to support conv. for contempt/fine exceeds stat.limit
0527973 Melvin Lee Jones v Commonwealth of Virginia 03/10/1998
Evi.suf.to prove beyond reas.doubt app.obtained prop.by vio/intim
1766974 Joseph Cousar v Peoples Drug Store, et al. 03/10/1998
WCC error re: benefit payments due on date of final order
0833972 Curtis S. Snider v Commonwealth of Virginia 03/03/1998
No TC error:evid.suff.to conv/blood alco.anan.subst.comply w/stat
0181971 Nelson Dollar Smith v Commonwealth of Virginia 02/24/1998
No TC err:order regar'g doc.irrel/prop.open to pub.use/excess sen
0394971 James Matthew Marshall v Commonwealth of Virginia 02/24/1998
No TC error re:evidence sufficient to convict for object sex.pen.
0482961 Stephen Lane Hebden v Commonwealth of Virginia 02/24/1998
On Rehearing En Banc, Ct aff.in part & reverses in part prev.dec.
0678974 Peter Felix Matthews v Suzann Gail Wilson Matthews 02/24/1998
No TC error re: equitable distribution award and other issues
1363971 Peter D. Christensen v Janalee M. Christensen 02/24/1998
No TC error re:TC's jurisdiction regarding equitable distribution
1675971 Elizabeth Sandidge Jones v Steven Marvin Jones 02/24/1998
TC error re: physical custody of children/wife's atty fees
1791961 Barry Thomas Johnson v Commonwealth of Virginia 02/24/1998
TC error:warrantless search of busin./4th Amend-admin.seach excep
2215964 Nathaniel Lee Downing v Commonwealth of Virginia 02/24/1998
No TC error:den.mtn for neurog't/strk evid.of path.intox.-insanit
2458952 Christopher Sandy, s/k/a Christopher E. Sandy v CW 02/24/1998
On Rehearing En Banc, TC decision affirmed by Court
2531963 Jeffrey Wayne Burchett v Commonwealth of Virginia 02/24/1998
No TC error re: TC authorized to make habitual offender declar.
2975962 Michael L. Luczkovich v Katherine H. Luczkovich 02/24/1998
No TC err:mut.funds&prof.shar-mari.prop/eqty line/TC err:sev.pay
0489971 Alvin J. Cooper, s/k/a Alvin Jermaine Cooper v CW 02/17/1998
No TC error re: suff. evid.to convict/admit.written stmt by codef
0621971 Frederick Webber, s/k/a Frederick Weber v CW 02/17/1998
No TC error:refu.to supp.stmts/ref.to declare mistrial/suff.evid
0818974 Keith D. Parish v Mary Beth Spaulding 02/17/1998
No TC error re: custody and reloc. of children based on chgd circ
1536971 Stacy Myers v Commonwealth of Virginia 02/17/1998
Order appealed can't challenge '92 conviction; CW's mtn granted
1579964 Eric Blaylock v Commonwealth of Virginia 02/17/1998
TC error re: numerous evidentiary ruling and jury instructions
1626972 Janine N. Carlson, et al. v Dept.Mililtary Aff./CW 02/17/1998
No WCC error:death didn't occur in course of or while going to wk
2912961 David Donnell Williams, s/k/aDavid D.Williams v CW 02/17/1998
No TC error:declined to supp.evid seized during execu.of sear.war
0693974 Uninsured Employer's Fund v Rose L. Harper 02/10/1998
Church didn't have 3 reg.emp.in service at accident/no WCC juris.
0836973 Otis Lee Maxey v Commonwealth of Virginia 02/10/1998
No TC error: finding appellant's mom adverse wit/CW could impeach
1143971 William H. Jennings, Sr. v Margaret D. Jennings 02/10/1998
No TC error re: no fraud by filing affidavit exercising due dilig
2145961 Lemar Jamie Anderson, s/k/a Lamar J. Anderson v CW 02/10/1998
On Rehearing en banc, trial court decision affirmed
0284971 Billy M. Woods v Commonwealth of Virginia DMV 02/03/1998
TC error re: DMV policy inconsis.w/Code Sec.46.2-1575/due process
0360972 A New Leaf, Inc. et al. v Elaine R. Webb 02/03/1998
No WCC error re: disease is compensable disease under WCC Act
0944974 Cynthia Arellano v Pam E. K's Donuts Shop, et al. 02/03/1998
No WCC error:WCC can cons.items not brought/failed to prove impai
1239973 Fodi's and Aetna Cas. & Surety,et al. v Rutherford 02/03/1998
No WCC error: commission's reinstatement of temp.total benefits
1316972 Southern Express, et al. v Clara Louise Green 02/03/1998
NO WCC error: evid.supports commission's decision of inj. by acc.
2083963 William Thomas Taylor v Commonwealth of Virginia 02/03/1998
TC error re: admission of appellant's silence/Fifth Amend.incrim.
2842961 Dale Chester Bolesta v Commonwealth of Virginia 02/03/1998
TC err:TC lacked juris.to enter order out.stat.time Code 19.2-306
3130964 Sammy D. Suleiman v Commonwealt of Virginia 02/03/1998
TC rested deter.non-incarceration not option/sent.not plainly wro
0656973 Dennis Vernon White v Commonwealth of Virginia 01/27/1998
No TC error re: conviction of DUI not precluded by speeding conv.
0803974 Michael Richard Holden v Commonwealth of Virginia 01/27/1998
No TC error:juris.to convict/poss.,etc. obscene mat.vio.plea agre
1163974 Virginia Diane McCombs v Michael Allen McCombs 01/27/1998
No TC err: amt spousal supp/a'lee earn'g cap/app.pay 1/2 home exp
1963964 Tywon W. Briscoe v Commonwealth of Virginia 01/27/1998
No TC error:failed to instruct jury def.would be ineli.for parole
2681961 Timothy A. Cobb, s/k/a v Commonwealth of Virginia 01/27/1998
No TC err:suff.evid.to conv.for B&E in day w/int.to comm.larceny
2774961 Theodore Edward Green v Commonwealth of Virginia 01/27/1998
No TC err:den.of mtn for mistrial based on alleged juror miscond.
2885963 Lawrence (NMN) Barlow v Commonwealth of Virginia 01/27/1998
No TC err:admit'g irrel.evi/rej.accom.def/len.codef.sen/insuf.evi
0443974 Zubair A. Saleem v Afshan Ghias Saleem, a/k/a et a 01/20/1998
TC error:award child supp. on NY law/No TC err:wife imputed incom
0444974 Afshan Ghias Saleem v Zubair Ahmad Saleem 01/20/1998
No TC error: find'g child support would cont.until 19 or HS grad
0649964 Michael Tracy Watkins v Commonwealth of Virginia 01/20/1998
No TC error re: defendant knowingly, vol.& intell.waived counsel.
0696972 Robin J. Pearsall, et al. v The VA Racing Comm.,et 01/20/1998
No TC error:dism'l of Asso.pet.for rev.-Asso.not person aggrieved
0706974 Carpet Palace, Inc., et al. v Paul L. Salehi 01/20/1998
WCC error re: clmt's back injury not compensable
0864964 Cassondra Sue Betancourt v Commonwealth ofVirginia 01/20/1998
TC erred re: insuff. evidence to convict of first degree murder
0982972 Lois Kay Gray v Graves Mountain Lodge, Inc., et al 01/20/1998
WCC err:chiro.not"physician"for desig.for panel of dr(65.2-603A1)
0070972 Kofi Donkor, s/k/aK.Donkor,a/k/a Rashan White v CW 01/13/1998
TC error re: TC failed to instruct jury on lesser-included off.
0255972 Brothers Construction Company, Inc. v VEC 01/13/1998
No TC error re: Company not exempt from unemploy.ins.tax on renum
2112952 Carla Jean Ohree v Commonwealth of Virginia 01/13/1998
No TC error re: CW's recoupment of costs from convicted indig.def
1249972 Unisured Employer's Fund v Clark and IRS 01/06/1998
No WCC err:clamt no ind.cont./IRS liab.for inj/clm juris/awd bene
0030963 Russell A. White v Drema C. White 12/30/1997
On Rehearing En Banc, TC decision was affirmed
0324974 Amoco Foam Products Company v Essie L. Johnson 12/30/1997
No WCC error re: award bene.for injury caused by comp.consequence
0892964 Jose Ismael Granados v Commonwealth of Virginia 12/30/1997
On Rehearing En Banc, WCC decision was affirmed.
2258952 Vernon Leroy Shifflett v Commonwealth of Virginia 12/30/1997
On Rehearing En Banc, TC dec. reversed & remanded for new sent.
0536974 WLR Foods, Inc., et al. v Villabaldo Cardosa 12/23/1997
WCC error re: temp.tot.dis.bene/time-barred clm/emp.res.med.ben..
0669974 William von Raab v Susan von Raab 12/23/1997
Two opis reles'd 12/23/97 (1 pub/1 unpub)/No TC err re:equi.dis
0821971 Ford Motor Company v Larry I. Hunt 12/23/1997
No WCC err re:rest.unrel.to injury, WCC improp.app.2causes&wk cap
1917964 Beverly English Crouch v Commonwealth of Virginia 12/23/1997
No TC error re:deny'g mtn to supp.breath test B/C roadblk imp.est
2700964 Kamran Rahbaran v Sara Rahbaran 12/23/1997
No TC err re:refus'g to awd H sep.port.of bus/spo.supp/atty fee
2858964 Sara Rahbaran v Kamran Rahbaran 12/23/1997
No TC error re: child & spousal support/equit.dis.award/custody
0331974 Mary Washington Hosp., et al. v Loretta Harrison 12/16/1997
WCC award for temp.part.ben.suppt'ed by credible evid.for 2/96-on
1344964 Kenneth Lamont Braxton v Commonwealth of Virginia 12/16/1997
No TC error re:admit child's excit.utter/ruled child's stmt relev
0657972 City of Richmond Police Department v Claude Bass 12/09/1997
Evidence insufficient to establish heart disease arose out of emp
2200964 Anne Franzen Johnson v Thomas Arthur Johnson 12/09/1997
No TC err re:chng custody, contempt, fines, awd.fthr atty's fees
3106962 Mary Wright Juares, s/k/a Mary Juarez v CW 12/09/1997
Evid.suff.to convict for unrea.or unnec.obstrut'g free passage
1852962 Joseph Alden Lewis v Commonwealth of Virginia 12/02/1997
No TC error:deny'g mtn to supp.evid.seized fm home fol'g forc.ent
2637963 Ralph Junior Gilpin, a/k/a Ralph J. Long v CW 12/02/1997
TC error re:unlawf'ly deta'd(vio.4th&14th Amend)/unlaw.obta'd evi
3164964 Hanh Nguyen v Fairfax County Board of Supervisors 12/02/1997
No WCC error re: finding clmt's appl.for chg.in.cond as timely
0861972 James A. Robinson v Trego Stone Corp & NiagaraFire 11/25/1997
No WCC error re:rejected app. for new offset cal. (Code 65.2-313)
1002963 Bassett-Walker, Inc. v Shirley Jean Wyatt 11/25/1997
On Rehearing en banc, wcc award affirmed
2735962 James Earl David v Commonwealth of Virginia 11/25/1997
TC abused discretion by refusing to strike prosp. juror for cause
0989971 Papco Oil Company, et al. v William Kenneth Farr 11/18/1997
No WCC error re:finding employer resp. for certain med.expenses
1645963 Donesh R. Zamani v Commonwealth of Virginia 11/18/1997
TC err re:affm'g orig.GDCjgmt.by aply'g Code Sec.16.1-133 & 133.1
2116942 Antonio Hodges v Commonwealth of Virginia 11/18/1997
NoTC E:allow CWs exp.wit.test re:opin.DNA mtc/mtn to comp/3rd exp
0512972 Richfood, Inc. v Robert Ragsdale 11/10/1997
No WCC error re:finding claim't to be statutr'y Richfood employee
1033963 Stephen Wayne Mitchell v Commonwealth of Virginia 11/10/1997
No TC err re:admit'g cert.anal./conv.lawful-opt'g mv on pri. prop
1726961 Jarrod R. Archer v Commonwealth of Virginia 11/10/1997
No TC err re:no grant mtn to sup.evid.of stln gun/evi.suf.of poss
2111961 Judith Brown Macica v ARA Services Tidewater, etal 11/10/1997
No WCC err re:clmt cured refusal trtmt pln/ref'new dr no ref'trmt
2158963 Kathy Myrtle Adkins v Commonwealth of Virginia 11/10/1997
TC error re:due process vio/apt'g privte pros.hird by victm's fam
0434963 Shawnee Management Corp., et al. v Rhonda Hamilton 11/04/1997
On Rehearing En Banc, WCC's award affirmed
0790972 Brian S. Lindenfeld v City of Richmond Sheriff,et 11/04/1997
No WCCerr.re:found TB life disease&no clr&con.evid.TB causd byjob
1314962 Kenneth Bernard Lewis v Commonwealth of Virginia 11/04/1997
No TC error re: refusing to consider Batson mtn after jury sworn
1385962 Brent Maurice Crawley v Commonwealth of Virginia 11/04/1997
Insufficient evidence to convict for malicious wounding
1743964 John F. Wilson v Georgia Anne Wilson 11/04/1997
No TCerr re:ch.supp/TCerr.re:dist.pen.ben/w's attyfee/income veri
2040964 Martin M. Miller v Commonwealth of Virginia 11/04/1997
TC erred re: 1st impr/conv. obtained in vio. of right to due proc
2169962 Dianne C. Carter v Commonwealth of Virginia 11/04/1997
Evidence suff.for conv'n of cable TV fraud/vio Code Sec18.2-187.1
2393962 Leslie Charles Quinn v Commonwealth of Virginia 11/04/1997
TC erred: denying mtn to supp.2 incrim.stmts made in 2 diff.juris
2408962 Rodney R. Winfield v Henry and Barbara Urquhart 11/04/1997
No TC error re:ap't w/held adopt.consent/find adptn best for chrn
2736962 Clinton Gaylord Thomas v Commonwealth of Virginia 11/04/1997
No TC error re:use of FA in commis.of rob./vio.of Code 18.2-53.1
1819953 Darryl Lee White v Commonwealth of Virginia 10/28/1997
On Rehearing En Banc, trial court judgment affirmed
2313961 James Arthur Price, Jr. v Commonwealth of Virginia 10/28/1997
TC denied appellant speedy trial in violation of CodeSec 19.2-243
1669962 Michael John Canipe v Commonwealth 10/14/1997
No TC error re:prohib.test/arg't-hit&run/exclu'd wit test/suf.evi
3040962 Kendall Orlando Woodson v Commonwealth 10/14/1997
No TC error re: no Fourth Amend.vio./uphold no-knock entry/search
1802964 Donald C. McIntyre v Garnet M. McIntyre 10/07/1997
Tc lacked juris'n awarding wife's atty's fee from previous appeal
0269963 Ida Lynnette Davis, s/k/a Ida Lynette Davis v CW 09/30/1997
T/C error deny p'trial mtns;d'closure/Brady mtn/to strike/request
0576963 Julie Kay Nicely v Commonwealth 09/16/1997
DUI/Second offense -- prior proof of offense
0780961 Earl V. Branche s/k Earl V. Branch v Commonwealth 09/02/1997
Constitutionality of statutory schemes Sections 18.2-29, 18.2-346
2022964 Life Care Center of New Market v Dept. Med. Assist 09/02/1997
DMAS decision to deny reimbursement of overhead and interest exp.
2109964 Ellyn Glass Wilderman v David Albert Wilderman 09/02/1997
Amount of child support arrearage/non-conforming payments
2312952 David Eric Richardson, s/k/a David Howell v CW 09/02/1997
On Rehearing En Banc,TC was aff'd in part, rev'd in part & remand
3072963 James G. Whitlock v Whitlock Mechanical/Check Svcs 09/02/1997
Whether sole proprietor/employee entitled to benefits
0867961 John Alexis Bazemore v Commonwealth 08/26/1997
no error in t/c determining amount of restitution
1120964 Charles A. Highsmith, Jr. v Commonwealth 08/19/1997
pretrial dismissal in gdc/res judicata circuit court conviction
2191963 Jennifer Rebecca Hickman v Jeffrey S. Futty, et al 08/19/1997
adoption of child without consent of one parent/best interest
1145973 In Re: Times-World Corporation 08/12/1997
T/c erred by improperly denied t-w access to hearing and docs.
1932961 Alex Thomas Hunt v Commonwealth 08/12/1997
No error in refusing to remove a juror during trial
2363954 Daniel T. Street v Joyal C. Street 08/12/1997
No error in modification of spousal and child support. Dissent
3135961 R & R Construction Corp, et al. v Jon Stuart Hill 08/12/1997
No error in awarding appellee temporary total disability benefits
3102963 Lillian H. Johnson v Edgar D. Johnson 08/08/1997
Error in t/c equitable distribution award
0076973 Corning, Inc., et al. v Donald Ray Testerman 08/05/1997
No error in awarding temp. total disability benefits
1354961 Eugene Nakia Harley v Commonwealth 08/05/1997
T/c erred in robbery, abduction and use of firearm conv
1782962 Linda Eugene Hall v Commonwealth 08/05/1997
Insufficient evidence on bench trial conviction of reckless driv
2020964 S. G., A Minor, etc. v Prince Wm. Co. DSS 08/05/1997
Juvenile court judge had authority to order treatment
2462963 Victor Ray Layman, II v Jane Elizabeth G. Layman 08/05/1997
No error in husband's incarceration constituting voluntary empl.
0921963 Christopher D. Bottenfield v Commonwealth 07/29/1997
No t/c error in overruling mot to supp, abs of miranda, amend ind
2118961 Sean Dion Keeling v Commonwealth 07/29/1997
No error in revoking suspended sentence
2939964 Dennis L. Carr v Virginia Electric & Power Company 07/29/1997
Error in failing to award benefits, performing lt duty work no ot
1794962 Scott Tribuzi, s/k/a, etc. v Commonwealth 07/22/1997
Insufficient evid to support conviction and prove proper venue
1816943 Katina Lynn Zelenak v Commonwealth 07/22/1997
Judge Baker's name removed from 1st line
1922961 Clifton Moore, Jr. v Commonwealth 07/22/1997
No error by t/c denying mot to supp and suff evid for poss heroin
2062953 Gregory William Wilson v Commonwealth 07/22/1997
No error in 2nd degree murder, mal wound. or 2 counts firearm use
1316963 Ronald Eugene Redman v Commonwealth 07/15/1997
Evidence was sufficient to prove elements of crime
1679962 County of Spotsylvania, et al. v Betty C. Walker 07/15/1997
Error in award of compensation benefits. Dissent
1876963 Stuart M. Bergman v Janice L. Bergman 07/15/1997
Error in intrepreting "reside" and "cease"
1948963 Janice L. Bergman v Stuart M. Bergman 07/15/1997
Error in interpreting "reside" and "cease"
2197963 Nehemiah NMN Thomas v Commonwealth 07/15/1997
No error in amendment of indictment/no error in Code Sec 46.2-357
2585961 Michael L. Pelfrey v Linda M. Pelfrey 07/15/1997
Property settlement agreement not unconscionable
2633962 Pamela J. Hawks, a/k/a, etc. v Commonwealth t 07/15/1997
Error in terminating residual legal rights to remain parent
0104952 Douglas McGee, Jr. v CW 07/08/1997
Rehearing en banc judgment reversed and charge dismissed
0753952 Floyd Keith Brown v CW 07/08/1997
Rehearing En Banc convictions affirmed
1419963 James L. Phillips v CW 07/08/1997
Guilt determined and evidence suff. to convict for reckless driv
2032953 Jerry Sanders Fontaine v CW 07/08/1997
Trial court lacked authority to convict on hit & run property dam
3100964 Prince William Co Ser Auth et al v Lorraine Harper 07/08/1997
Not entitled to Workers' Compensations Commission benefits
1235961 Antonio Perez v Commonwealth 07/01/1997
no error in refusing to suppress evidence; delayed search warrant
0362963 Stephen Wayne Mitchell v Commonwealth 06/24/1997
no error in admitting testimony regarding dates of offense
0908963 Stephen L. Cregger v Commonwealth 06/24/1997
no error in admitting breath alcohol analysis certificate
1415963 Michael Lee Weaver v Commonwealth 06/24/1997
no violation of double jeopardy
2561964 Schwab Construction, et al. v Bret Duane McCarter 06/24/1997
justified refusal of medical treatment
2897963 Consolidated Stores, et al. v Sandra C. Graham 06/24/1997
wage loss attributable to work injury
2947952 Audley C. McDonnough v Commonwealth 06/24/1997
overwhelming evid to prove possession and distribution of cocaine
3101962 Kenbridge Const. Co., et al. v Charles E. Poole 06/24/1997
evidence supports commission's award
0377961 Billy Lee Taylor v Commonwealth 06/17/1997
denial of motion for mistrial not prejudicial
1417962 Gerald E. Baker, Jr. v Commonwealth of Virginia 06/17/1997
Granted order added to original opinion
2704952 Carl Edward Anderson v Commonwealth 06/17/1997
conviction of DUI, 3rd offense, after adjudicated habitual offend
2713952 Tyrone Christopher Scott v Commonwealth 06/17/1997
harmless error in limiting scope of cross-examination
2948952 Robert Mack Walker v Commonwealth 06/17/1997
correction to cites in footnotes
0225963 Courtney Darnell Broadnax v Commonwealth 06/03/1997
no error in trial as an adult and conviction: malicious wounding
0226963 David Alan Keen v Commonwealth 06/03/1997
no error in convictions of rape, sodomy and statutory burglary
0347961 James Bernard Propst v Commonwealth 06/03/1997
no error in conviction for DWI
1165964 Carson Ray Shenk v Commonwealth of Virginia 06/03/1997
Granted rehearing en banc order added to original opinion
1345963 Anthony Cordell Price v Commonwealth 06/03/1997
no denial of constitutional guarantee to a speedy trial
1623961 Amy Michelle Nelson v Commonwealth 06/03/1997
no error in refusing to suppress cocaine evidence
2260963 Thomas O Williams, IV v Thomas O. Williams, III 06/03/1997
tc erred in denying grandparents visitation
0340963 Eric Cooper Walton v Commonwealth 05/27/1997
no error in suspension of driver's license
1064962 Sherri Ann Polston, etc. v Commonwealth 05/27/1997
propable cause existed to issue search warrant for apartment
1524963 Jose Alvarez v Commonwealth 05/27/1997
drug evidence properly obtained under the automobile exception
1891963 Rufus Eugene Flinchum, Jr. v Commonwealth 05/27/1997
error in finding of operation of vehicle on highway
2409961 Joel Kossman v Commonwealth, DMV, et al. 05/27/1997
no error in denying claim under Motor Veh. Transact. Recov. Fund
0376961 Calvin Alonzo McGill v Commonwealth 05/20/1997
principal in 2nd degree of unlawfully wearing a mask
1168964 J.P. v Clarence Carter, Commissioner of VA DSS 05/13/1997
no error in "founded sexual abuse" determination
1206964 Food Distributors, et al. v Estate of Kenneth Ball 05/13/1997
suicide causally related to injury by accident
2124952 Michael A. S. Parker v Commonwealth 05/13/1997
sufficient evidence to support stalking conviction
2549962 Marshall Erdman, et al. v Edwin L. Loehr, et al. 05/13/1997
no error in holding employer liable for claims
2586962 Edwin L. Loehr v Marshall Erdman & Assoc., et al. 05/13/1997
no error in suspending temporary total benefits
1139962 Dean A. Wileman, Jr. v. Commonwealth 05/06/1997
grand lardeny by false pretenses and uttering
1564961 June Allison Jones v Commonwealth 05/06/1997
tc erred in denying right to a jury trial
1968962 Virginia Employment Commission v Mamie D. Nunery 05/06/1997
tc erred in denying offset previously determined by the VEC
2608952 Tyrone Terry v Commonwealth 05/06/1997
no error in conviction for raping a minor child
2787954 Charles Momodou Thomas, etc. v Commonwealth 04/29/1997
no error in impeachment through "Notice[s] of Alibi Defense"
0774951 Joseph Franklin McBride v Commonwealth 04/22/1997
En banc order affirming trial court judgment
0874962 Wesley Shamel Williams v Commonwealth 04/22/1997
no error in allowing juror to question defense witness
1304962 Herbert W. Lux, Jr. v Commonwealth 04/22/1997
tc erred in denying motion to disqualify Commonwealth's attorney
1757962 Beverly Health, etc. v Robert C. Metcalf, etc etal 04/22/1997
reimbursement of depreciation and interest expenses from Medicaid
1952952 Phillip Deangelo Harris, Jr. v Commonwealth 04/22/1997
En banc order reversing trial court judgment
2116963 Uninsured Employer's Fund v Harold C. Mounts, etal 04/22/1997
no error in disability award for 1st stage pneumoconiosis
0606961 Timothy M. Jones v Commonwealth 04/15/1997
no error in allowing evidence obtained during investigatory stop
1616953 Johnny Dennis Brooks v Commonwealth 04/15/1997
error in stating in juror's presence: challenging him for cause
1799964 Dawn L. Hoyle v VEC, Marvin Runyon, et al. 04/15/1997
interlocutory order not appealable
0792964 Tracy Ann Church v Maury Curtis Church 04/08/1997
tc lacked jurisdiction to terminate father's parental rights
2242954 Paula Turcios v Holiday Inn Fair Oaks, et al. 04/08/1997
WCC erred in reversing deputy comm.'s credibility determination
0420951 Martin Herrera, Jr. v Commonwealth 04/01/1997
tc lacked jurisdiction to enter a criminal judgement
1271962 Faye L. Price v Commonwealth 04/01/1997
search & seizure incident to arrest was lawful
2387964 Commonwealth v Steve Thornton 03/27/1997
error in ruling seizure unlawful
0210964 Charles Allen Moffett, Jr. v Commonwealth 03/25/1997
waiver of jury trial voluntarily & with full knowledge of rights
0597962 Andre Tyree Battle v Commonwealth 03/25/1997
no error in admitting evidence of shooting incident
0749954 Joes Luis Cruz v Commonwealth 03/25/1997
no error in proceeding with trial in defendant's absence
0905964 Howard Pike v Commonwealth 03/25/1997
sufficient evidence to support convict: brandishing a firearm
1051962 Wells Fargo, etc. v VEC and Claude Collier, Jr 03/25/1997
conduct did not constitute misconduct
1805962 Georgia-Pacific Corp. v Claude Franklin Dancy 03/25/1997
no error in award of permanent total disability benefits
2601953 Robert Edward White v Commonwealth 03/25/1997
valid search pursuant to a lawful custodial arrest
2768952 Marcus Ganzie v Commonwealth 03/25/1997
no error in indictment and trial on five counts of perjury
2926953 Michael Edward Mills v Commonwealth 03/25/1997
officer's testimony caused prejudice with jury against defendant
1834952 Monique Littlejohn v Commonwealth 03/18/1997
insufficient evidence to support conviction/accessory/cap. murder
2086953 Merry Christine Pease v Commonwealth 03/18/1997
comm. atty. improperly appeared before grand jury
2156964 United Airlines, Inc. v Helme V. Walter 03/18/1997
condition not compensable disease
0180962 Anthony Nyankum Seke v Commonwealth 03/11/1997
sufficient evidence to prove intention to distribute cocaine
0422952 Charles Rosser v Commonwealth 03/11/1997
error in conviction of injuring correctional center employee
1063961 Walter Reed Convalescent, et al. v Jeanice Reese 03/11/1997
employer justified in terminating claimant for cause
1325954 Walter L. Payne, Jr. v Commonwealth 03/11/1997
habitual offender
1341942 Damarcus Mandell Brown, etc. v Commonwealth 03/11/1997
no error in refusing to instruct jury on attempted robbery
1383954 Richard Lawrence Randolph v Commonwealth 03/11/1997
no error in grand larceny, etc. conviction
1547964 Phyllis T. Scott v Fred R. Scott, Jr. 03/11/1997
tc lacked jurisdiction to amend seperate maintenance decree
0452963 James David Sparks, etc. v Commonwealth 03/04/1997
bank records were properly authenticated and admitted
1394964 Ralph L. Gordon, etc. v Dr. Harold H. Allen, etc. 03/04/1997
error in reversing denial of nonreviewability under COPN
1505952 Marvin Layer Mosby v Commonwealth 03/04/1997
trial judge not required to instruct jury re parole ineligibility
2099941 Kerri Cardinall Charity, etc. v Commonwealth 03/04/1997
harmless error in voir dire
0286964 Valerie Cummings v Commonwealth 02/25/1997
no error in DWI conviction, 3rd offense in 5 years
2248943 Timothy Clark, etc. v Commonwealth 02/25/1997
En Banc order affirming panel's majority opinion
2477954 William J. Fahey v Mary Lucretia Fahey 02/25/1997
equitable distribution
2773954 William J. Fahey v Mary Lucretia Fahey 02/25/1997
equitable distribution
0378964 Martin Joseph Reynolds v Commonwealth 02/18/1997
no error in admitting evidence of other bad acts
1329962 Fever's Inc., etc. v VA ABC Board 02/18/1997
tc failed to consider other ground for licenses revokation
1643964 Felix Ascher Moreno v Barbara J. Moreno 02/18/1997
no error in finding of contempt for failure to pay child support
2356954 Curtis Leon Bell v Commonwealth 02/18/1997
cw has no duty to redisclose same info to new counsel
0159964 Tove Reiakvam Head v Gordon Lawrence Head 02/11/1997
spousal and child support
0861962 Williams Industries, et al. v Terry Lynn Wagoner 02/11/1997
no error in temporary total benefits award
0972964 Richard F. Moreno v. Patricia E. Moreno 02/11/1997
no error in denying request for child support termination
0715963 Steven Jerome Reid, Sr. v Debbie Knox Reid 02/04/1997
no error in reinstating prior spousal support order
0843962 Mary Anne Rowe v Charles S. Rowe 02/04/1997
spousal support, equitable distribution
0845962 Charles S. Rowe v Mary Anne Rowe 02/04/1997
spousal support, equitable distribution
1105954 Michael George Keselica, etc. v Commonwealth 02/04/1997
VA had jurisdiction to try and convict for embezzlement
1154964 Jill Mansfield v Robert L. Taylor, III 02/04/1997
child support
1609951 Charles Aaron Arthur v Commonwealth 02/04/1997
no error in denying motion to suppress confession
2886953 Michael Edward Mills v Commonwealth 02/04/1997
error in denying motions for continuance & to discharge counsel
2993953 Thomas Gerald Adkins, Sr. v Commonwealth 02/04/1997
no error in granting joint trial, etc.
1332963 Daniel Construction, et al. v Wesley Allen Tolley 01/28/1997
no error in permanent total disability benefits award
2846953 James Virgil Allard v Commonwealth 01/28/1997
no error in imposing greater sentence than recommended by jury
0405953 Edith P. Lane Dotson v Jimmy A. Dotson 01/21/1997
divorce decree, equitable distribution
1041962 Creedle Sales Co, et al. v Jesse Wayne Edmonds 01/21/1997
no error in combining jobs to calculate average weekly wage
1291952 Ulysses Lavanda Thomas v Commonwealth 01/21/1997
no error in habitual offender conviction
1356962 James T. Jones v E.I. Dupont Denemours & Company 01/21/1997
WCC erred in denying medical benefits for asbestosis
2364954 Daniel T. Street v Joyal C. Street 01/21/1997
Spousal and child support
2491953 Michael Caroll McBride, etc. v Commonwealth 01/21/1997
evidence insufficient to prove prior conviction
0808963 Arthur O. Rogers v Nora Katherine Rogers Damron 01/14/1997
no err in denying motions to vacate contempt order, quash capias
0926942 Thomas Payne Brown, Jr. v Commonwealth 01/14/1997
order affirming trial court's judgment
1823954 Atif Beyah Saleem v Commonwealth 01/14/1997
no error in admitting statements made to inmate
2829951 Deborah Spivey, etc. v Commonwealth 01/14/1997
"no-knock" entry lawful; poss of cocaine & marijuana w/ intent
2835953 Timothy Marc Horen v Commonwealth 01/14/1997
code 29.1-521(10) viol. cons. right to free exercise of religion
2836953 Diane Patricia Horen v. Commonwealth 01/14/1997
code 29.1-521(10) viol. cons. right to free exercise of religion
0902962 VA Retirement System, et al v Anthony M. Rizzo, Sr 01/07/1997
error in granting motion for summary judgement
0271952 Kimberly O. Janis & Thomas Janis v Commonwealth 12/31/1996
order reversing convictions and remanding to the trial court
0984964 Elayne (Lowe) O'Loughlin v Wilmot F. O'Loughlin 12/31/1996
attorney's fees award
1092954 Joseph R. Theismann v Jeanne C. Theismann 12/31/1996
order affirming judgment of trial court
2209953 Jerome Antonio Doss v Commonwealth 12/31/1996
no violation of 14th or 5th Amendment rights
2562943 Judea S. Crawford, etc. v Commonwealth 12/31/1996
error in not allowing continuance after indictment amendment
2943951 Pernell Jefferson v Commonwealth 12/31/1996
no violation of statutory & constitutional speedy trial rights
0062962 Actuarial Benefits, etc. v VEC & Rosemary Lipcsey 12/17/1996
no error in awarding full unemployment benefits
0135961 Mary Heath Carlton v Commonwealth 12/17/1996
evidence failed to prove knowledge of altered ticket
1128964 Morad Eghbal v Boston Coach Corporation, et al. 12/17/1996
error in offset calculation
1343952 John A. Waldrop, Jr. v Commonwealth 12/17/1996
no error in convic. perjury/false statement on campaign report
1663964 Commonwealth v Michael S. Thomas 12/17/1996
error in suppressing evidence recovered in traffic stop
2427951 Rudolph Nathaniel White v Commonwealth 12/17/1996
failure to prove victim's mental incapacity at time of sexual act
0185962 Fern Mae Allocca v Francis Anthony Allocca 12/10/1996
divorce decree
0997953 Ernest Johnson Barnette, Jr. v Commonwealth 12/10/1996
tc not req. by exclusionary rule of 4th Amend to suppress evidnce
1344953 Wilburn Junior Hale v Commonwealth 12/10/1996
suffic. evid. to support convicts: improper driving, etc.
2481952 Deborah Hinton Courtney v Commonwealth 12/03/1996
criminal contempt judgment violates Double Jeopardy Clause
1739964 Commonwealth v Charles Joseph Talbert 11/27/1996
tc erred in suppressing evidence
0104964 Lee Trey Bostick v Shannon T. Bostick-Bennett 11/26/1996
child custody
1564954 Gregory Robert Folson v Commonwealth 11/26/1996
tc properly admitted evidence during sentence hearing
1824954 Patrick Raymond Long v Commonwealth 11/26/1996
no error in habitual offender conviction
1950954 Louis W. Raia, etc. v Commonwealth 11/26/1996
no violation of 6th Amendment rights under Confrontation Clause
2925954 Lee Trey Bostick v Shannon T. Bostick-Bennett 11/26/1996
child custody
0138963 Commonwealth/Dept of Transport. v Jimmy K. Swiney 11/19/1996
payments made under Workforce Transition Act not considered wages
0328963 Abateco Services, Inc. v Theron J. Bell, etc. 11/19/1996
search warrant unnecessary for records inspection, no err in fine
0845951 John Dobbs Bellinger v Commonwealth 11/19/1996
error in admitting dispostion records during sentencing
1701952 Ned Jacob Goodwin v Commonwealth 11/19/1996
no violation of double jeopardy, A&B of former spouse
2438952 Randall A. Strawbridge, et al. v Chesterfield Co. 11/19/1996
error in reversing ruling of county Review Board
2521952 Randall A. Strawbridge, et al. v Chesterfield Co. 11/19/1996
error in reversing ruling of county Review Board
2585953 Carolyn M. Snyder v VEC and Blue Shield, etc. 11/19/1996
claimant voluntarily left employment without good cause
0667954 Terry Roger Skipper, etc. v Commonwealth 11/12/1996
no error in limiting voir dire of the jurors
0675964 James Henry Lescallett v Rozansky & Kay Construct. 11/12/1996
claimant failed to prove a quantified loss of the use of his legs
1419951 Joe Edgar Wilson v Commonwealth 11/12/1996
impounding vehicle & suspension of license not double jeopardy
1937954 Donna Foster-Zahid v Commonwealth 11/12/1996
no error in exercising jurisdict; custodial interference convict.
2154951 Keith Bynum v Commonwealth 11/12/1996
consensual search, sufficient evidence to support conviction
2172954 Norman Hoverter v Commonwealth 11/12/1996
no error in denying motion to withdraw guilty pleas prior to sent
2890954 James Christion Catterton v Commonwealth 11/12/1996
grand larceny of a motor vehicle
1743953 Frank Eddie Dingus v Commonwealth 11/05/1996
no violation of double jeopardy; operating illegal gambling estab
1928951 David S. Shears v Commonwealth 11/05/1996
search & seizure lawful; sufficient evidence to support convict.
2767953 Shiley Louise Gray v Commonwealth 11/05/1996
language in Code 18.2-266 does not limit driving to public roads
1699952 Linda S. Frazer v James Douglas Frazer 10/29/1996
spousal & child support, equitable distribution
1975952 Linda S. Frazer v James Douglas Frazer 10/29/1996
spousal & child support, equitable distribution
2191944 Ricky Dee Brewster, etc. v Commonwealth 10/29/1996
phrase in Code sect. 46.2-817 not unconstitutionally vague
1332953 Gregory Scott Nicely v Commonwealth 10/22/1996
no right to appeal administrative suspension of drivers license
1154951 Darryl Leon Hunter v Commonwealth 10/15/1996
Appellant waived right to be present at viewing of crime scene
2185953 Krystal Ashley Wilson, etc. v Commonwealth 10/15/1996
criminal contempt for failure to honor a subpoena
2893952 Sharlene B. Orlandi v. Anthony P. Orlandi 10/15/1996
A rehearing en banc was granted on 10/11/96
0981952 William Albert Dodson v Commonwealth 10/08/1996
attempt to possess firearm after felony conviction
0986943 Edwin Cecil Turner, Jr. v Commonwealth 10/01/1996
no error in refusing to instruct jury on involuntary manslaughter
0844951 David Ross Strohecker v Commonwealth 09/24/1996
murder, extortion and related use of firearm
1900942 Jeffrey Theodore Kitze v Commonwealth 09/24/1996
no vio. of constitutional porhibitions against ex post facto laws
1988953 Boyd Oliver Miller, Jr. v Commonwealth 09/24/1996
although firearm inoperable, no error in convict: use of firearm
2607942 Hambrey Milton Cudjoe v Commonwealth 09/24/1996
tc erred in disallowing a peremtory challenge
1037954 Donald Holloman, Jr. v Commonwealth 09/17/1996
conviction did not violate VA Constitution
1252954 Commonwealth, DSS, et al. v Neil C. Righter 09/17/1996
VA trial court has jurisdiction to determine support arrearages
1241951 Michael Augustus Byers v Commonwealth 09/10/1996
sufficient evidence to sustain firearm conviction
1366954 Jacinto Mejia v Commonwealth 09/10/1996
illegal consumption of alcohol
1896953 Alfred McKinley Jones v City of Lynchburg 09/10/1996
double jeopardy & collateral estoppel didn't bar DUI prosecution
2180942 Scott Allen Charles v Commonwealth 09/10/1996
illegal consumption of alcohol under age 21
2367954 Guy M. Sinclair v Shelter Construction Corp, et al 09/10/1996
WCC erred in awarding only 50% permanent partial disability
2683951 Dalton Roger Ford v City of Newport News 09/10/1996
no probable cause to warrant disorderly conduct conviction
1893951 Antonie Caruth Jones, etc. v Commonwealth 09/03/1996
no error in admitting evidence of cocaine; legal search & seizure
2862952 Allied Fibers, et al. v Walter R. Rhodes, Sr. 09/03/1996
hearing loss is noncompensable gradually incurred injury
1087952 Thomas L. Terry v Commonwealth 08/27/1996
correction on page 6, line 10
1081954 Don W. Dickson v Paula Jean Dickson 08/20/1996
trial court did not lack jurisdiction to modify spousal support
2152951 Odin, Inc., et al. v. Jeffrey C. Price 08/20/1996
no error in penalty assessment against employer
2289954 Jack Kent Cooke v Suzanne Martin Cooke 08/20/1996
trial court did not adhere to appropriate child support guideline
0991953 Grief Cos etc et al v Barbara J Hensley etc et al 08/13/1996
rehearing en banc granted on 7/31/96
1434952 Vicki L. Mosby v Commonwealth 08/13/1996
trial court erred in instructing jury
0015962 Robert Thrift, et al. v Alan Baldwin, et al. 08/06/1996
tc erred in dismissing visitation petition for lack of standing
1131952 Mark Ramone Toliver v Commonwealth 08/06/1996
tc erred in denying motion to suppress evidence
1509921 Lawrence Wright v Commonwealth 08/06/1996
no error in refusing to allow introduction of hearsay evidence
1591952 Anne Marie Burfoot v Commonwealth 08/06/1996
tc erred in exercising jurisdiction over appellant
0768953 Austin Wayne Keyser v Commonwealth 07/30/1996
evidence not sufficient to prove carjacking
1119953 Delano Compton, etc. v Commonwealth 07/30/1996
suffic. evid. to support convict: fraudulent conversion of prop.
1356951 Steven L. Romine v Karen A. Romine 07/30/1996
J&DR lacked jurisdiction to reinstate support order
1711944 Khalid Karim, etc. v Commonwealth 07/30/1996
J&DR lacked jurisdiction to transfer case, etc.
2367942 Ronald Eric James, etc. v Commonwealth 07/30/1996
search & seizure not unreasonable, no error denying suppress mot.
0706942 James Thomas Stinnie, Jr. v Commonwealth 07/23/1996
hearing delay attributable to defendant
1915944 Albert Stubblebine, III v Geraldine M. Stubblebine 07/23/1996
no error in imputing income for spousal support determination
0221953 Elbert L. Avery, Jr. v Commonwealth, DSS, et al. 07/16/1996
tc lacked jurisdiction to consider contempt issue
1364954 Charles D. Bennett v Commonwealth, DSS, et al. 07/16/1996
no reversible error in refusal to modify child support obligation
1914951 Dominic R. Dicker v Commonwealth 07/09/1996
sufficient evidence to meet definition of habitual offender
2027951 Kathleen Padilla v Norfolk Division of Social Serv 07/09/1996
no error in changing goals of foster care service plan
2882951 The Fingles Company, et al. v Richard E. Tatterson 07/09/1996
employee released to pre-injury work
0018964 Veronica Helen Thomas v Nordstrom Pentagon City 07/02/1996
no error in suspension of award
2385951 Oil Transport, Inc., et al. v Emma Jordan 07/02/1996
parent failed to prove dependency
0183951 William L. Griffin v Commonwealth 06/25/1996
no error in rebuttal argument during sentencing phase of trial
1053941 Donald F. Collins v Department of ABC, et al. 06/25/1996
en banc order affirming decision of the WCC
1729952 Robert C. Lightburn v Sheila Jones Lightburn 06/25/1996
error in equitable distr. award; no error in atty's fees award
0157962 Canova Electrical, etc. et al. v LMI Insurance Co. 06/18/1996
CAV lacks jurisdiction to review interlocutory appeals
0221962 Canova Electrical etc. et al. v LMI Insurance Co. 06/18/1996
CAV lacks jurisdiction to review interlocutory appeals
0371942 James Lloyd Jenkins v Commonwealth 06/18/1996
no error in conviction of aggravated sexual battery
1407952 R.I.S.E., et al. v Commonwealth/D of Environ Qual 06/18/1996
director failed to make required determination under Code
1919951 Regina Bossong Butler v City of Virginia Beach 06/18/1996
no error in denying award for temp. total disability benefits
2314953 R. Richard Wilton, Jr Inc v Roger A. Gibson, et al 06/18/1996
Wilton statutory emplyer & liable for benes under Code 65.2-302 B
0105953 Joy Frances McFadin Decker v John G. Decker 06/11/1996
tc erred in granting credits for mortgage & tax payments, etc.
0364954 William Lee Tyler v Commonwealth 06/11/1996
suffic. evid. to sustain convicts: burglary & grand larceny
2055952 Raymond A. Pendleton v Evelyn M. Pendleton 06/11/1996
tc erred in modifying support award
2549943 Keith Wayne Miller v Commonwealth 06/11/1996
no error in sentencing defendant as a recidivist
0757952 Eugene Arthur Porter, Jr. v Commonwealth 05/28/1996
no error in transferring case to circuit court
0342954 Michael Kay Mann v Afaf Kanazeh Mann 05/21/1996
error in calculating value of retirement plans
0567954 VDO Yazaki Company, et al. v Robin S. Snyder 05/21/1996
published order
1480952 Commonwealth/DSS et al. v Franklin R.J. Ewing, III 05/21/1996
child support and custody
1876953 Clinchfield Coal Company v Tommy B. Parrott 05/21/1996
no error in finding claimant unable to return to pre-injury work
2202953 Danville Radiologists, Inc. v Raymond Perkins 05/21/1996
WCC erred in requiring payment of attorney's fees
2475952 David Michael Tomlin v Vance International, Inc. 05/21/1996
employer waived subrogation rights at settlement
0456952 Aaron Lamont Barnes v Commonwealth 05/14/1996
no error in refusing to sever trial from co-defendant, etc.
0923954 Kimberly Stacy, etc. v Commonwealth 05/14/1996
no error in admitting results of alka-sensor test at pretrial
1542954 Larry T. Wiggins v Fairfax Park Ltd. Partners etal 05/14/1996
no error in granting employer's app seeking change in physicians
2573941 VA International Terminals Inc Melvin C. Moore, Jr 05/14/1996
no error in award; employer entitled to credit under LHWCA
0953954 John P. Solomond v C. Louise Ball 05/07/1996
tc erred in increasing child support
1108943 Perdue Farms, Inc. v Thea B. McCutchan 05/07/1996
published order
1532943 Crystal F. Bowen v Automotive Industries, et al. 05/07/1996
published order
2276943 Rocco Turkeys, et al. v Olga Lemus 05/07/1996
published order
0551954 Michael Anthony Bottoms v Commonwealth 04/30/1996
suffic. evidence to sustain conviction: attempted capital murder
0946952 Donna G. Reece v William M. Reece 04/30/1996
no error in reducing monthly spousal support
1201954 James Mitchell Randolph v Commonwealth 04/30/1996
no violation of statutory five-month time limit Code 19.2-243
1546954 Norma Jean Arbuckle v Gary R. Arbuckle 04/30/1996
tc erred in not appraising prop. on the present fair market value
2035942 Leonard Shelton Jackson v Commonwealth 04/30/1996
no error in denying motion to suppress evidence
2439942 Greta Mary Nestle v Commonwealth 04/30/1996
no error in convic. of embezzlement in violation of Code 18.2-111
2275954 Stafford Sherriff's Off. et al v Victor J Debord 04/23/1996
claimant did not unjustifiably refuse authorized medical treatmnt
0931952 Donnie Lee Bruce v Commonwealth 04/16/1996
sufficient evidence to prove B&E with intent ot commit assault
1455952 Virginia Jockey Club, Inc. v Virginia Racing Comm. 04/16/1996
no error in awarding owner's license to limited partnership, etc.
1748953 Lynchburg Foundry Co., et al. v Silas E. McDaniel 04/16/1996
claim not barred by limitations period (Code 65.2-601)
2018954 David Stevens Sozio v Kelley Elizabeth Thorpe 04/16/1996
no error in denying adoption petition
2528943 Commonwealth, DSS, et al. v James Flaneary 04/16/1996
sufficient evidence to prove paternity
0089941 Delano Leroy Graves v Commonwealth 04/09/1996
published order
0681942 Robert Wayne Manning v Commonwealth 04/09/1996
no error in refusing motion to withdraw plea
0938954 Wesley James Hudson v Commonwealth/State Police 04/09/1996
job stress contributing factor to disability
0945954 Finch Weston Duffy v Commonwealth/State Police 04/09/1996
job stress contributing factor to disability
0978954 Thomas M. Galloway v Commonwealth/State Police 04/09/1996
job stress contributing factor to disability
1524951 Overhead Door Co. etc. et al v Daniel Lee Lewis 04/09/1996
3rd party action prejudiced employer's subrogation rights
1870952 Commonwealth/DSS, et al. v Raymond M. Walker 04/09/1996
circuit court possessed jurisdiction over case
2327953 Combustion Engineering, etc. v Ernest Lafon, et al 04/09/1996
no error in exercising jurisdiction over application, etc.
2481942 Mark E. Richmond v Commonwealth 04/09/1996
tc erred in denying motion to suppress evidence: unlawful search
0347954 Ricardo Berry v Commonwealth 04/02/1996
no error in admitting evidence
0412953 ARA Services, et al. v Sherry L. Swift 04/02/1996
no error in award
0454953 PYA/Monarch, et al. v Thomas Edward Harris 04/02/1996
WCC erred in award; noncompensable, unexplained accident
1286953 Reginald Lee Hall v Commonwealth 04/02/1996
search violated Fourth Amendment
0103953 Roger Talley Clifton v Commonwealth 03/26/1996
suffic. evidence to support convicts: B&E w/ intent to rape, etc.
0226953 Norman Luther Walker v City of Lynchburg 03/26/1996
City of Lynchburg complied with the VA Implied Consent Law
0343953 Lynchburg General Hospital v Antonia Spinazzolo 03/26/1996
no error in award
0725952 Carol A. Brunty, Commissioner, etc v Barbara Smith 03/26/1996
tc had no authority to appoint special prosecutor, etc.
0747952 Dollar General Store, et al. v Beatrice V. Cridlin 03/26/1996
no error in award
0155951 Jeffrey Nelson Riddick v Commonwealth 03/19/1996
no error in denying motion to suppress inculpatory statements
0190952 Wayne Earl Bell v Commonwealth 03/19/1996
no error in convictions: robbery, use of firearm, abduction, etc.
0434953 Robert A. Villwock, etc v Insurance Co. of NA, etc 03/19/1996
insurer complied w/ Code 65.2-804(B) in canceling WC insur. polic
0482952 Linwood Stewart v Commonwealth 03/19/1996
suffic. evidence to support conviction of perjury, Code 18.2-434
0541952 Ricky Mason Durrette v County of Spotsylvania 03/19/1996
no error in admitting certificate of analysis
1531952 Uninsured Employers' Fund v Todd E. Coyle, et al. 03/19/1996
filing of brief pursuant to Rule 5A:19
2083942 Dyward Jean Gregory v Commonwealth 03/19/1996
no error in denying motion to suppress evidence
2466942 Irene D'Agnese (Gouletas) v Victor J. D'Agnese 03/19/1996
circuit court had no jurisdiction over child custody case
0077952 Lisa Thomasine Waller v Commonwealth 03/12/1996
error in refusing to allow cross-examination
0088951 David G. Lindsey v Commonwealth 03/12/1996
no error in admitting rape complaint 2 years after incident
0138954 Douglas Bruce Seibert v Commonwealth 03/12/1996
no error in prosecuting on direct indictments
1168942 Larry Alanza Thornton v Commonwealth 03/12/1996
no error in allowing testimony
1176942 Emory Adrian Goodson v Commonwealth 03/12/1996
error in jury instructions; no error in joinder of co-defendants
1279951 White Electric, etc., et al. v Charles J. Bak, Jr. 03/12/1996
3rd party settlement doesn't prejudice emplyrs' subrogation right
2265944 Daniel Joseph Bullis v Regina Bullis 03/12/1996
equitable distribution
2600941 Curtis A. Brandon, Jr., etc. v Commonwealth 03/12/1996
double jeopardy issue
2605941 Darrell Dewon Jones, etc. v Commonwealth 03/12/1996
no error in admitting transcript of prior testimony
1061952 Tracy L. Carmon v Commonwealth, DSS, et al. 03/05/1996
no error in computing income for child support
2347931 Kimberly Rose O'Toole v Commonwealth 03/05/1996
order affirming tc's conviction for possession of cocaine
2362944 Lance Bell, etc. v Commonwealth 03/05/1996
correction to cite to VA Code on page 7
1866953 Commonwealth v Billy Wayne Rodgers 03/04/1996
no error in granting motion to suppress/collateral estoppel
0048952 Joseph Wilmer Gilley, Jr. v Commonwealth 02/27/1996
tc did not err in admitting prior felony convictions
0569951 Lena Victoria Kelderhaus v Bruce Lynn Kelderhaus 02/27/1996
marriage invalid
1062944 Elmer C. Bennefield v Commonwealth 02/27/1996
no violation of double jeopardy
2073944 Frank D. Kelly, s/k/a, etc. v Commonwealth 02/27/1996
no violation of double jeopardy
2136942 Anthony Ernest White v Commonwealth 02/27/1996
tc did not err in convicts: malicious wounding, etc.
2125941 Alvin Hurley Daye v Commonwealth 02/20/1996
no error in overruling motion to withdraw plea before sentencing
2622942 Eugene Clayton Tyler, Jr. v Commonwealth 02/20/1996
conviction violated prohibition against double jeopardy
0826932 Leathio Williams v Commonwealth 02/13/1996
tc did not err in refusing to strik jurors for cause
1111951 Pressure Concrete etc., et al. v Timothy E. Coburn 02/13/1996
claimant provided sufficient notice of return to employment
2061942 Gill Frederick Livingston v Commonwealth 02/13/1996
tc did not err in conviction: possession of marijuana
1257941 Kama Dearborn Davis v Commonwealth 02/06/1996
tc did not err in denying motion for withdrawal of counsel, etc.
2152942 Weldon Bunn, etc v Commonwealth 02/06/1996
tc did not err in conviction: grand larceny
0145951 Nathaniel Dale Pierce v Commonwealth 01/30/1996
error in ruling Code 19.2-295.1 barred evid intro in sentencing
1199954 Arlington Co. Fire Dept. v David W. Stebbins 01/30/1996
WCC erred in award to claimant, voluntarily retired & unemployed
2212943 Bassett Burkeville, etc. v Richard R. Slaughter Jr 01/30/1996
work injury caused psychological disorder
0135953 Meredith Construct. Co, et al v John Alan Holcombe 01/23/1996
WCC did not err in calculating average weekly wage
0957944 Jake Thomas Taylor v Commonwealth 01/23/1996
tc did not err in allowing expert witness testimony
1518942 Michael George Brown v Commonwealth 01/23/1996
no evidence indicates break in chain of custody of drugs
2386944 Ann M. Hayes v Douglas M. Hayes 01/23/1996
correction in first paragraph of first page
2435942 Melanie T. Kaplan v. Irwin D. Kaplan 01/23/1996
child support
0117951 Warren Thaddious Buie v Commonwealth 01/16/1996
evidence sufficient to support conviction: burglary
1216951 Charles Cross v Newport News Shipbuilding, etc. 01/16/1996
compensation improperly calculated
2154941 Phillip Adrian Gilliam v Commonwealth 01/11/1996
tc did not err in permitting evidence during sentencing
0260943 Sally Inez Adams, etc. v Hercules, Inc. et al 12/29/1995
death due to willful misconduct
1639942 Raymond L. Lawless v County of Chesterfield 12/29/1995
defend. had been previously convicted of same offenses
1740943 Winfred L. Hancock, etc. v Commonwealth 12/29/1995
insufficient evidence to prove possession of firearm
2444941 Robyn Lynn Castillo v Commonwealth 12/29/1995
tc erred in admitting certificate of analysis into evidence
2529931 Bennie James Howard v Commonwealth 12/29/1995
insufficient credible evidence to support rape conviction
0786942 Jonathon Lee Rivers, etc. v Commonwealth 12/19/1995
suff. evid/attempted murder; insuff. evid/2nd degree murder
1146941 Rodney Jacobs Clements v Commonwealth 12/19/1995
tc erred in refusing to strike juror for cause
1457942 Leadbetter, Inc. et al. v Benjamin Penkalski 12/19/1995
credible evidence supports WCC's finding: temp. total disability
1554943 General Trucking Corp. v O. Gene Dishner, Dir. etc 12/19/1995
tc did not err in affirming bond forfeiture
0550954 Falls Church Const. Corp., et al. v Raphael Valle 12/12/1995
claimant's activities did not adversely affect recovery
0828944 Russell Tross v Commonwealth 12/12/1995
juvenile convicted of capital murder
1443942 Melvin Briggs, Jr. v Commonwealth 12/12/1995
tc did not err in revoking suspended sentence
1490942 Charles Richard Riley, etc v Commonwealth 12/12/1995
peremptory strikes gender-based
1998941 William L. Harris v Commonwealth 12/12/1995
no violation of statutory speedy trial
0424934 George Rodney Jennings, Jr. v Commonwealth 12/05/1995
rehearing order
1038942 Isaac Oneal Hargrave v Commonwealth 12/05/1995
unreasonable search & seizure under 4th amendment
1149941 Robert Lyle Yingling v Commonwealth 12/05/1995
evid. sufficient for conviction: escape by "furlough violation"
1423942 Jeffrey Allen Morris v Commonwealth 12/05/1995
insufficient evidence to support convictions: discharge firearm
2139941 Troy Lamont Key v Commonwealth of Virginia 12/05/1995
tc did not err in conviction: unlawful wounding police officer
0078941 Aaron Augustis Witts v Commonwealth 11/28/1995
published order
0351954 J.B. v Carol A. Brunty, Commissioner, DSS 11/28/1995
tc did not err in finding of founded sexual abuse
0645944 Nancy J. Bogart v William C. Bogart 11/28/1995
tc had jurisdiction to to enter final equitable distribut. order
1020944 Nancy J. Bogart v William C. Bogart 11/28/1995
tc lacked jurisdiction to modify order
1501941 Kevin W. Kirk v Commonwealth 11/28/1995
tc did not deny due process or err in admitting evidence
2523944 David Charles Auman v Marsha Joan Auman 11/28/1995
child support
2216941 Andre L. Williams v Commonwealth 11/21/1995
tc did not err in convictions: possess of cocaine, etc.
2609944 George Roberson, etc, etal v Bonnie Whetsel, etc 11/21/1995
credible evidence proved exposure to gunfire from environment
2385941 Joye A. Compton-Waldrup, etc v City of VA Beach PD 11/14/1995
claimant was employee of auxiliary police force Code 65.2-101
0081952 Steve Kenneth Branch, etc v VA Dept of ABC 11/07/1995
ABC Board's revocations upheld
2197941 William Courtney Ryan, Jr. v Cynthia D. Kramer 11/02/1995
previously unpublished opinion re-released for publication
1249944 Maria-Teresa Nicholson v Ronald L. Nicholson 10/31/1995
statutory right to share of retirement annuity not waived
0773952 David Tench, etc. v Commonwealth 10/24/1995
defendant not twice placed in jeopardy when prosecuted for DUI
0861942 Kenneth Gaylock Winn v Commonwealth 10/24/1995
CW failed to prove violence or intimidation against victim
1012941 David S. Hudson v Commonwealth 10/24/1995
CW failed to meet statutory requirements concerning blood tests
1650944 John W. Lyles, Jr. v Commonwealth 10/24/1995
tc did not err in continuing hearing
2511941 Patrick F. Moran v R&W Construction, Inc., et al. 10/24/1995
circumstances justify uncooperation in vocational rehab, etc.
2220932 Jeffrey Torrance Johnson v Commonwealth 10/17/1995
search & seizure legal under Fourth Amendment
1065952 Commonwealth v Jonathan Lamont Spencer 10/16/1995
tc did not err in motion to suppress evidence
0246942 Willie J. Henry, etc. v Commonwealth 10/10/1995
evid supports convicts: assaulting officer, obstruct justice
0829922 Paul J. Husske, s/k/a, etc. v Commonwealth 10/10/1995
resending order, dated September 19, 1995
1022951 Commonwealth v T. R. Carter, R. McPherson, et al 10/10/1995
statutory language constitutionally sound Code 40.1-103
1175941 Gregory A. Haase v Karen U. Haase 10/10/1995
correction in first paragraph, page 1
1458931 Walter Lee Cherry, Jr. v Commonwealth 10/10/1995
warrant permitted search of entire premises
2034942 Aaron Cordell McCray v Commonwealth 10/10/1995
tc erred in conviction, failure to report motor vehicle accident
0104941 Bobby Ray Edwards v Commonwealth 10/03/1995
appellant voluntarily and intelligently waived right to counsel
1641943 Jarrod O'Brian Farmer v Commonwealth 10/03/1995
tc did not err in denying motion to suppress; lawful search
0414942 Timothy Leon Richardson v Commonwealth 09/26/1995
no error in conviction of false info on firearm purchase form
0672944 Troy Nathaniel Johnson v Commonwealth 09/26/1995
tc correctly admitted unredacted warrant into evidence
1245942 Troy Lee Newton v Commonwealth 09/19/1995
tc did not err in conviction: aggravated malicious wounding
1734943 Vanity Fair Corporation v. Melissa Monger 09/12/1995
insufficient evidence to prove occupational disease
1866934 Joseph R. Castell v. Commonwealth 09/12/1995
defendant lawfully in custody of officer
2420941 Radmila Pavlicek v. Jerabek, Inc., etc. 09/12/1995
WCC denied in denying relief: contested claim
0281941 Robert Michael Ewing v. Patricia Lynn Ewing 09/05/1995
divorce decree/child custody/equitable distribution
1523941 National Linen Service, etc. v. Reginald H. Parker 09/05/1995
Comm. did not err in award
1791931 Kevin Marvin Ballance v. Commonwealth 09/05/1995
tc did not violate right to speedy trial
2111932 Murray L. Steinberg v. Katherine T. Steinberg, etc 09/05/1995
criminal contempt convic. upheld-child support & visitation
2267932 Kenneth Linwood Awkard v. Commonwealth 09/05/1995
sentencing w/in statutory limits prescribed by Code 46.2-357
2269922 Norman Edward Griswold v. Commonwealth 09/05/1995
past conviction orders were properly introduced at trial
0418932 Tammy Mae Frazier v Commonwealth 08/29/1995
tc did not err in docketing order
0992942 Commonwealth v Albert R. Howell 08/29/1995
DUI conviction was valid
1808933 Perry Shawn Turner v Commonwealth 08/29/1995
tc did not err in conviction: obstructing justice
1902922 Mark Alexander McQuinn v Commonwealth 08/29/1995
defendant failed to renew motion to strike during trial
2172942 Joseph A. Spagnolo, Jr. v Susan D'Aluisio Spagnolo 08/29/1995
divorce decree/child and spousal support/equitable distribution
2417932 Willie Winfield Scott v Commonwealth 08/29/1995
constitutional rights not violated when siezed and frisked
1981944 Gary Sargent v Patricia Vaught Sargent 08/22/1995
divorce decree/spousal and child support/equitable distribution
2026943 Cora D. Rawlings v Philip W. Rawlings 08/22/1995
child support
2182944 Leslie Fernandes v Handyman Services, Inc., et al. 08/22/1995
WCC erred in ruling claim time barred
2522933 John L. Stumbo, Jr. v Helen Lawson Stumbo 08/22/1995
divorce decree/spousal & child support/equitable distribution
0598943 Dennis Jeremiah Lawrence v Commonwealth 08/15/1995
evidence sufficient to support felony conviction
1694942 Mark Phillip Eckard v Commonwealth 08/15/1995
tc properly denied motion to dismiss indictments
2186922 Maurice Clay Satchell v Commonwealth 08/15/1995
evidence insufficient as matter of law to support conviction
2244931 Charles Leon Freeman v Commonwealth 08/15/1995
tc did not err in denying motion to suppress evidence
2560932 Olan Conway Allen v Commonwealth 08/15/1995
tc did not err in convictions: B & E and grand larceny
0570942 Jonathan Romeo Crump v Commonwealth 08/08/1995
evic=dence sufficient to support conviction/rape of child
0983942 William Damond Cheeks v Commonwealth 08/08/1995
tc failed to grant defendant a transfer appeal review
2437944 Hunton & Williams, et al. v Sue S. Gilmer 08/08/1995
WCC erred in award/claimant did not suffer injury by accident
2475922 Joseph Cotton, Jr. v Commonwealth 08/01/1995
Rehearing En Banc order
0788941 Jeremy Kent Lane v Commonwealth 07/25/1995
tc did not err in admitting statement into evidence
1808941 Edith A. Chanin v Eastern Virginia Medical School 07/25/1995
claimant failed to prove compensable ordinary disease of life
1642942 Shawn D. Granger v Commonwealth 07/18/1995
evidence insufficient to support convictions/malicious wound/robb
2361944 Valorie J. Robinson v Salvation Army, et al 07/18/1995
WCC properly limited claimnt to benes based on higher of 2 wages
0401941 Tommie Haywood, Jr. v Commonwealth 07/05/1995
evidence insufficient to prove intent/attempt murder of officers
0408931 Levon Johnson v Commonwealth 07/05/1995
tc failed to properly instruct jury
0820943 Donald E. Williams/DMV etc v Cooper Bailey Terry 07/05/1995
tc erred in reversing the Order of Revocation and Suspension
0669941 William E. Vaughn v City of Newport News 06/27/1995
city code taken as a whole is not unconstitutionally vague
2209931 Dennis G. Caccioppo v Commonwealth 06/27/1995
tc did not err in overruling defendant's motion to strike evidnce
0587944 Arthur Lynn Cook v Commonwealth 06/20/1995
no attendant penalty was described by statute
0814941 Deborah A. Wood v VEC and Americomm Direct, etc 06/20/1995
evidence is sufficient to uphold Commission's decision
0969933 Newton Wesley Farley, Jr. v Commonwealth 06/20/1995
tc failed in determining if evidence should be admitted
1763944 Wilmot F. O'Loughlin v Elayne (Lowe) O'Loughlin 06/20/1995
equitable distribution
1862944 City of Alexandria v Earl J. Cronin, Deceased 06/20/1995
WCC erred in award/statute of limitations barred estate from comp
1283933 Edward Joseph Mayhew, Jr. v Commonwealth 06/13/1995
defendant failed to perform criminal records background check
1300941 Claudia S. Diamond v Roy L. Diamond 06/13/1995
divorce decree/spousal support/equitable distribution
1442943 Marion Correc Treatment Ctr v Garland L. Henderson 06/13/1995
sufficient evid to support award/injury arose out of employment
0317942 Stuart Allen Bottoms v Commonwealth 06/06/1995
certif. of analysis wasn't sent to applnt 7 days before trial
1521944 County of Frederick, etc, et al v Annmarie Dodson 06/06/1995
WCC did not err in award
1942931 Juannitto H. Edwards, etc v Commonwealth 06/06/1995
TC correctly allowed wife's testimony
2351934 Archie Barfield v Commonwealth 06/06/1995
tc did not err in proceeding in defendant's absence
0969943 Donna Whitt v Ervin B. Davis & Co, Inc & VEC 05/30/1995
evidence supports VEC's denial of unemployment benefits
0304944 Brown-Forman Corp. v Sims Wholesale Co, Inc, et al 05/23/1995
ABC Board erroneously restricted statutory "good cause"
1320943 Timothy K. Duncan v ABF Freight Stystem, Inc. 05/23/1995
evidence supports WCC's findings
1416921 Shawn Paul Novak v Commonwealth 05/23/1995
juvenile convicted of capital murder
1634942 Richfood, Inc., et al. v James A. Williams 05/23/1995
employment terminated due to failed drug screening
2465931 Edwin Joseph Travis v Commonwealth 05/23/1995
sufficient evidence proved driving dangerous to life, limb, prop.
0087943 Patrick G. McCall v. Commonwealth, et al. 05/16/1995
child support
0146942 Lee Edward Sattler v. Commonwealth 05/16/1995
tc erred in refusing to suppress evidence
0373932 Lynwood Lee Main v. Commonwealth 05/16/1995
evidence sufficient to convict/carrying concealed weapon
1621944 21st Century etc, et al v Vincent Giacchina et al 05/16/1995
credible evidence supports finding; WCC erred in compensation
1645944 Vincent Giacchina v 21st Century Concrete, et al. 05/16/1995
credible evidence supports findings; WCC erred in compensation
1862933 Robert Vincent Adkins v. Commonwealth 05/16/1995
evidence insufficient to prove rape through "mental incapacity"
2146943 Barry M. Lew v. Commonwealth 05/16/1995
evidence sufficient to prove corpus delicti for grand larceny
2148932 Arnold Dorsey Anderson v. Commonwealth 05/16/1995
tc did not err in revoking 20 years from suspended sentence
0367932 Bobbie L. Cotter, etc. v Commonwealth 05/09/1995
a Rehearing En Banc was granted in this case on May 1, 1995
0730934 Edwin U. Garcia, etc v Commonwealth 05/09/1995
a Rehearing En Banc was granted in this case on April 26, 1995
0832932 Ricky Lamont Jones v Commonwealth 05/09/1995
a rehearing En Banc was granted in this case on April 26, 1995
1416942 Pence Nissan etc, et al v Darell Donnel Oliver, Sr 05/09/1995
remanded for reconsid per WCC's rule 2.2 re: consider of evidence
1892944 Davey Tree etc, et al v Morris Allen Acuff 05/09/1995
WCC did not err in awarding compensation benefits
0564934 David F. Buck v. Commonwealth 05/02/1995
tc did not err in admitting legally seized drugs into evidence
0646941 Timothy Lecky and Lavetta Lecky v Michele Reed 05/02/1995
residual parental rights term. in accordance w/ Code 16.1-283(C)
2337944 Commonwealth v. Tyrone Edgar Waters 05/02/1995
TC erred in granting suppression motion
2487934 Jose Robert Ramirez v Commonwealth 05/02/1995
TC did not err in denying request for supeoena duces tecum