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Court of Appeals of Virginia Unpublished Opinions
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0056243 Samantha Benton v. Nelson County Department of Social Services 10/15/2024
Trial court did not abuse its discretion finding requirements of Code § 16.1-283(B) met by clear and convincing evidence, finding termination in the best interest of the children, and terminating parental rights; neglect or abuse suffered by children presented a serious and substantial threat and not reasonably likely conditions could be corrected within a reasonable period of time
0636231 Tre'don Marquise Stuckey, s/k/a Tredon Marquise Stuckey v. Commonwealth of Virginia 10/15/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted felon; totality of evidence supports court’s conclusion firearm recovered had been under appellant’s dominion and control
0943234 Sharice Takeya Curtis v. Commonwealth of Virginia 10/15/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of felony child abuse; record supports conclusion appellant inflicted victim’s injuries; no abuse of discretion allowing admission of victim’s hearsay statements to forensic nurse
0948234 Earl Sylvester Turner v. Commonwealth of Virginia 10/15/2024
Trial court did not err finding evidence sufficient to convict appellant of possessing cocaine; circumstantial evidence and appellant’s actions sufficient to prove appellant possessed cocaine while aware of its illicit character
1337232 Patrick James Lewis v. Commonwealth of Virginia 10/15/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possessing a controlled substance and contempt by failure to appear; no abuse of discretion admitting appellant’s statements about drug use as evidence of possession; claim regarding permissible inference waived, Rule 5A:18
1492233 Dennis Lee Mays v. Commnwealth of Virginia 10/15/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of rape, forcible sodomy, and attempted forcible sodomy; victim’s testimony was not inherently incredible and corroborated by DNA evidence; other claims waived, Rule 5A:20(e)
1579232 Hardesty Construction, Inc. v. Mary Ann Weedon 10/15/2024
Judgment affirmed as trial court did not err denying appellant’s motion to strike the breach of contract claim as damages not proven with reasonable certainty; cross-assignment of error waived as necessary party not joined to the appeal; appellant’s hearsay objection to appellee’s valuation testimony waived, Rule 5A:18
1599233 Christopher Neil Dotson v. Commonwealth of Virginia 10/15/2024
Trial court did not abuse its discretion admitting disputed exhibits; best evidence rule did not apply as exhibits were duplicate originals; as contents not in dispute, no useful purpose requiring production of the originals
1603234 Kashif Bashir v. Commonwealth of Virginia 10/15/2024
Trial court did not abuse its discretion by failing to recuse itself as appellant did not meet burden of showing court was partial, biased, and prejudiced against him; no abuse of discretion imposing sentences within statutory sentencing ranges and concluding appellant was dangerous and nothing but incarceration was appropriate or sufficient to protect the public
2033233 Boyce Benton, III v. Nelson County Department of Social Services 10/15/2024
Trial court did not abuse its discretion finding requirements of Code § 16.1-283(B) met by clear and convincing evidence, finding termination in the best interest of the children, and terminating parental rights; neglect or abuse suffered by children presented a serious and substantial threat and it was not reasonably likely conditions could be corrected within a reasonable period of time
2247233 Lindsay K. Hamel v. Galax City Department of Social Services 10/15/2024
Judgment affirmed as trial court did not abuse its discretion denying appellant’s September 2023 motion for continuance and dismissing her appeal of an order terminating her parental rights; claim trial court erred denying October 2023 continuance waived, Rule 5A:8
0213243 Stanley Calvin Francis, Jr. v. Commonwealth of Virginia 10/08/2024
Trial court did not err finding evidence sufficient to prove fraudulent intent and convict appellant of construction fraud
0277234 Truc "Curt" Tran, et al. v. Industrial Development Authority of the Town of Front Royal et al. 10/08/2024
Judgment affirmed as trial court did not err sustaining jury verdicts against appellant Tran on conversion claim; breach of promissory note sufficiently plead and evidence sufficient to find breach of terms of promissory notes; unjust enrichment argument and ultra vires argument waived, Rule 5A:18
1182233 Dwayne Lamont Moorman v. Commonwealth of Virginia 10/08/2024
Judgement affirmed as trial court did not err finding evidence sufficient to prove constructive possession of a firearm and narcotics; no error denying Batson challenge as race-neutral explanation articulated; no abuse of discretion denying proposed jury instruction as duplicative; speedy trial and given instruction claims waived, Code § 19.2-266.2 and Rules 3A:9(c), 5A:18
1191233 Joely Bradford Hensley v. Commonwealth of Virginia 10/08/2024
Trial court did not err denying motion to suppress evidence obtained as a result of a traffic stop; stop and subsequent search and seizure valid as appellant in violation of Code § 46.2-848, failure to use turn signal; stop not for violation of defective equipment, Code § 46.2-1003
1286233 Roland Kenneth Moyers, Jr. v. Commonwealth of Virginia 10/08/2024
Trial court abused its discretion refusing to strike a juror for cause where juror indicated his fixed personal beliefs would affect his ability to provide appellant a fair trial; appellant’s convictions reversed and matter remanded for further proceedings
1333233 John Walter-Louis Gates v. Commonwealth of Virginia 10/08/2024
Trial court did not abuse its discretion denying motion for bill of particulars; no abuse of discretion admitting into evidence redacted prior conviction order of sexual offense of a child; conviction relevant for purpose of providing context to case of indecent liberties with a child and aggravated sexual battery by parent or step-parent and probative value outweighed prejudice
1687233 Heather Renee Jones v. Commonwealth of Virginia 10/08/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of driving under the influence and acting with criminal negligence; no abuse of discretion admitting results of blood sample, medical records, and expert opinion on effects of drugs in appellant’s sample; medical records obtained through a second search warrant not derivative evidence
1737231 Malik Luquam Kennedy v. Commonwealth of Virginia 10/08/2024
Trial court did not err denying appellant’s motion to suppress evidence recovered from his vehicle; officers had articulable objective facts that supported a reasonable suspicion appellant unlawfully possessed a firearm
0572233 Raymond Totten v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of carjacking and appellant intended to seize the car keys; no abuse of discretion in sentencing where sentence did not exceed maximum imprisonment penalty
0791232 Albemarle County Department of Social Services v. Shelly Wilson, et al. 10/01/2024
Trial court did not err denying petitions for termination of parental rights and rejecting foster care goal of adoption; no error providing parents with additional time to address attachment with the child and finding conditions that resulted in harm to the child have either been substantially eliminated, or could be, within a reasonable period of time under Code § 16.1-283(B)
0880232 Ayla Salkay v. City of Charlottesville Department of Social Services 10/01/2024
Appeal dismissed as record lacks notice of appeal from the Juvenile and Domestic Relations District Court to trial court which is necessary to determine jurisdiction; without timely notice of appeal, court does not have active jurisdiction to address the issues on appeal
1040234 Horacio Morales Gallardo v. Rosa Marina Carranza 10/01/2024
Trial court did not abuse its discretion determining equitable distribution award including awarding appellee $60,000 for her interest in the marital property and awarding spousal support; no abuse of discretion refusing to admit appellant’s financial records due to age of the records; no error in dividing bank-account balances and ordering appellant to assume all credit card debt
1064234 Alexis Mayes v. Catalyst Operations & Analytics, LLC, et al. 10/01/2024
Judgment affirmed as trial court did not err granting demurrers and dismissing appellees from appellant’s personal injury suit; amended complaint failed to state a claim of vicarious liability or negligent hiring against appellees as assailant not performing job duties; claim court erred not explaining basis of its ruling not preserved, Rule 5A:18
1243233 Scott Edward Cooley v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of assault and battery; no error finding appellant had not acted in justifiable or excusable self-defense
1349231 Sean Antonio Burrus v. Commonwealth of Virginia 10/01/2024
Trial court did not err denying motion to strike and finding evidence sufficient to convict appellant of possession of a Schedule I or II controlled substance with intent to sell and possession of a firearm; totality of evidence supports rejection of hypothesis of innocence and conclusion appellant possessed controlled substance and firearm
1848224 Jorge Guevara-Martinez v. Alexandria Department of Community and Human Services 10/01/2024
Trial court erred terminating father’s parental rights and approving foster care goal of adoption; trial had subject matter jurisdiction; evidence insufficient to demonstrate reasonable and appropriate efforts made, that father failed to remedy situation requiring continuation of foster care and termination justified; matter reversed and remanded for further proceedings
2008232 Percell James Parrish v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding; evidence showed appellant unlawfully and maliciously caused the victim bodily injury
2222233 Matthew Isaac Critchley v. Commonwealth of Virginia 10/01/2024
Judgment affirmed as trial court did not abuse its discretion excluding evidence of a writing appellant claims was written by deceased victim; writing irrelevant as it had had no tendency to prove any matter at issue in the case and was unduly prejudicial
0039243 Elizabeth JoAnne Helton v. Henry-Martinsville Department of Social Services 09/24/2024
Judgment affirmed as appellant’s claim of error denying her motion for a continuance and a sufficiency challenge to termination of parental rights waived, ends of justice exception not applicable, Rule 5A:18
0355243 Derek S. Helton v. Henry-Martinsville Department of Social Services 09/24/2024
Judgment affirmed as trial court did not err finding evidence sufficient to terminate appellant’s parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the children; due process claim in court’s denial of his motion for continuance waived, Rule 5A:18; matter remanded to correct clerical error
0824234 Jason Theston Payne v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient to convict appellant of aggravated involuntary manslaughter and felony driving under the influence; no abuse of discretion overruling objections to certificates of analysis; container itself was sealed and only the sealed, intact vial tested; no abuse of discretion sentencing appellant to 15 years of active incarceration
0877232 James Burgess v. SYP Hospitality, LLC 09/24/2024
Judgment affirmed as trial court did not err sending issue of contributory negligence to the jury; no abuse of discretion granting jury instructions that correctly reflect the law on duty of care; claim court erred allowing argument appellant’s preexisting medical conditions contributed to fall and injuries not preserved, and ends of justice exception not applicable, Rule 5A:18
0889233 Amanda Michelle Terry v. Commonwealth of Virginia 09/24/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of driving under the influence; jury properly instructed on offense of DUI; no abuse of discretion denying motion for mistrial; no jurisdiction to review ruling on motion for new trial; claim trial court erred overruling objection to appellee’s argument not preserved, Rule 5A:18
0911233 Conrad Burke v. Stanley Young, et al. 09/24/2024
Trial court erred sustaining demurrer to appellant’s claims for excessive force and unconstitutional conditions of confinement; allegations satisfied objective and subjective components of both claims; error finding defendants were entitled to qualified immunity at the pleadings stage; judgment reversed and remanded for further proceedings
0923234 Miguel Guevara Contreras v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of three counts of rape; victim’s testimony was not inherently incredible; no error denying motion to suppress confession as not given voluntarily; no evidence of coercive conduct by police beyond that inherent in custodial interrogations; remanded to correct clerical error in conviction order
1048231 Nahhime Armoni Sawyer v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant on drug and weapons charges; totality of the evidence sufficient to support convictions
1231234 Edward Gonzalo Medrano, Jr. v. Commonwealth of Virginia 09/24/2024
Judgment affirmed as trial court did not err suspending balance of appellant’s sentence and extending probation for an additional 20 years; no abuse of discretion finding appellant had notice of probation conditions and willfully violated those conditions; trial court had active jurisdiction over probation revocation proceeding, Rule 5A:20
1276233 Misty L. Garrett v. William F. Hanna 09/24/2024
Trial court did not abuse its discretion concluding father established a change of custody was in the best interest of the child and granting father primary physical custody; evidence supported court’s finding of a material change in circumstances
1389232 Domoniq Zuriel Booker v. Commonwealth of Virginia 09/24/2024
Trial court did not abuse its discretion denying appellant’s motion to withdraw his Alford guilty plea to rape by force before sentencing; appellant failed to demonstrate his motion to withdraw plea was made in good faith or he entered the plea unadvisedly, involuntarily or under a mistake; appellant had sufficient time to discuss case and understand nature of the proceedings
1981221 Sotherly Hotels Inc., et al. v. Fireman's Fund Ins. Co., et al. 09/24/2024
Trial court did not err sustaining demurrer and dismissing appellants’ breach of contract case with prejudice; complaint devoid of sufficient factual allegations to establish breach of contract claim; appellants’ pleadings do not adequately allege coverable harms under physical loss or damage requirement or other specified provisions
1981232 James Elliott Fitch v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to find appellant committed premeditated first-degree murder; no error denying motion to suppress evidence obtained through seizure of his cell phone; warrantless search reasonable under exigent circumstances exception to warrant requirement
0289232 Michaud Arour Yancey v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of possession of child pornography, second or subsequent offense, and refusing to grant motion to correct clerical error; no abuse of discretion denying motion in limine as probative value outweighed potential prejudice and denying proffered jury instruction as given instructions accurately stated law
0910233 Tamara T. Oakey v. Daniel G. Oakey 09/17/2024
Trial court did not err finding a material change of circumstances since last spousal support order and determining modification warranted; based on totality of record, no error determining parties’ incomes and denying appellant’s request for reservation for spousal support after appellee’s 70th birthday
0947232 Jeffery Columbus Brown, s/k/a Jeffrey Columbus Brown v. Commonwealth of Virginia 09/17/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant for malicious wounding, malicious shooting within a dwelling, and use of a firearm; any error harmless admitting certain statements as cumulative; claim contesting victim’s out-of-court identification waived and ends of justice exception not applicable, Rule 5A:18
1106233 Derrick E. Barr, et al. v. Garten Development, LLC 09/17/2024
Trial court did not err finding appellee has a right of way over appellants’ property for ingress and egress; later deeds did not release the rights of way for ingress and egress reserved in the 1914 deed; right of way allows improvement for logging purposes
1282231 Robert Damon Stonewall v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient to convict appellant of first-degree murder, aggravated malicious wounding, and use of a firearm; evidence shows appellant waited for victims and was the initial and only aggressor in the shooting; evidence sufficient to show injuries to victim of malicious wounding permanent and significant
1350231 Charles Toy Ashley, a/k/a Sun-Ra Subuwr Abdullah v. Commonwealth of Virginia 09/17/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder; no abuse of discretion granting motion in limine to admit certain evidence; challenged statement of victim went only to identity of perpetrator which was not contested at trial; chain-of-custody claim waived by stipulation order
2144233 Savannah Elizabeth Fisher v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of knowingly and intentionally possessing methamphetamine and denying motion to suppress evidence recovered in warrantless search of her car; vehicle subject to automobile exception; no abuse of discretion rejecting proposed jury instruction as granted instructions accurately stated law
0105243 Tony Lee Saunders v. Commonwealth of Virginia 09/10/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation; victim’s testimony she was unable to breathe and suffered redness and scratches on her neck credible and corroborated by officer
0302234 Zachary Thomas Burkard v. Commonwealth of Virginia 09/10/2024
Trial court did not abuse its discretion denying appellant’s motion for a new trial and declining to reduce jury’s recommended sentence; substance of alleged newly-discovered testimony not new to appellant and appellant failed to exercise reasonable diligence to obtain testimony; transcript shows court considered mitigating factors
0353232 Joshua Lee Carpenter v. Commonwealth of Virginia 09/10/2024
Trial court did not err denying appellant’s motion to strike; evidence sufficient to convict appellant of indecent liberties with a child and attempting to commit forcible sodomy of a child
0398232 Frederick Lewis Moncrea v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress; officers executed warrant in good faith; trial court’s sentencing order for an indeterminate period of supervised probation void ab initio and matter remanded for resentencing to readjust length of supervised probation; other good-faith claim waived, Rule 5A:18
0668233 Dianna Carol Spencer v. Commonwealth of Virginia 09/10/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of burglarious tools and conspiracy to commit armed robbery; while armed with a deadly weapon reference in conspiracy indictment is surplusage; no abuse of discretion in sentencing as sentence within permissible statutory range; case remanded to correct clerical error
0928233 Molly Petty, et al. v. Virginia Department of Environmental Quality, et al. 09/10/2024
Judgment affirmed as trial court did not err deferring to DEQ’s interpretation of 9 VAC 15-40-100(B) as language ambiguous and applying procedural error standard of review; no abuse of discretion addressing two interlinked matters together and declining to reconsider claims previously argued; second assignment of error partially waived and moot, Rule 5A:20
0929233 Jeffrey Scott, et al. v. Virginia Department of Environmental Quality, et al. 09/10/2024
Judgment affirmed as trial court did not err deferring to DEQ’s interpretation of 9 VAC 15-40-100(B) as language ambiguous and applying procedural error standard of review; no abuse of discretion addressing two interlinked matters together and declining to reconsider claims previously argued; second assignment of error partially waived and moot, Rule 5A:20
1051233 Steven Nicholas Dawson v. Commonwealth of Virginia 09/10/2024
Trial court did not err denying appellant’s motion to suppress certain evidence, denying request for a Franks hearing, and dismissing motion to suppress based on Rule 3A:9; search warrant supported by probable cause, sufficient nexus between items sought and places to be searched, and search did not exceed scope of warrant; no showing of false statement in warrant affidavit
1347232 Corey D. Goodson, Sr., s/k/a Corey Deon Goodson, Sr. v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not abuse its discretion refusing two jury instructions relating to self-defense claim; refused instructions were duplicative of other instructions based on model instructions; no abuse of discretion refusing to vacate sentencing order and hold new sentencing hearing and any error harmless; sentence within statutory range
1366234 Eftakhar Alam v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not abuse its discretion requiring full compliance with plea agreement and finding violations; no error sentencing based on appellant’s original guilty plea to rape; Code § 19.2-306.1 not applicable as it did not exist when plea agreement accepted and only applicable retroactively by agreement of parties; any error admitting hearsay harmless
1681224 Jose Angel Rivas-Castillo v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not err denying appellant’s motions for mistrial and to set aside verdict; no abuse of discretion denying motion limiting witness testimony as no Brady violation and limiting portion of expert’s testimony as hearsay; any error regarding testimony harmless as evidence against appellant substantial
0721231 Malik Javon Johnson v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of possession of a firearm and maiming by mob; evidence established appellant was a member of a mob with collective intent to assault victims; argument evidence failed to prove appellant possessed firearm waived and ends-of-justice exception not applicable, Rule 5A:18
0992233 Joseph Michael Childress v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not abuse its discretion restricting appellant’s expert’s testimony at sentencing; any error harmless as expert’s excluded testimony was irrelevant at sentencing stage; constitutional challenge that Code § 18.2-248(C)(4) violated the Sixth, Eighth, and Fourteenth Amendment waived, Code § 19.2-266-2
1000231 Brandon Dajuan Anthony v. Commonwealth of Virginia 09/03/2024
Trial court did not err denying appellant’s motion to suppress evidence obtained during warrantless seizure and search of his person; officers had probable cause and lawfully arrested appellant; drugs lawfully seized during valid search incident to arrest
1132231 Marcus Andrew Bottoms v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of abduction with intent to defile; no error refusing to strike juror for cause where juror represented by different counsel from the same firm as appellant’s counsel; no abuse of discretion granting jury instruction or in imposing sentence within statutory range
1213234 Nathan Elmore Thomas v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err denying appellant’s motions to suppress statements and evidence; appellant’s statements voluntary and warrant lawful to search bags; no error denying pretrial motions to dismiss; no abuse of discretion overruling objection to improper trial testimony; no abuse of discretion in sentencing
1319234 Liam Wallace Bates v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of oral sodomy and attempted anal sodomy; no abuse of discretion excluding testimony of victim’s classmate as attenuated and not relevant; claim regarding attempted sodomy instruction defaulted and ends of justice exception not applicable, Rule 5A:18
1341234 David Marshall White v. Commonwealth of Virginia 09/03/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of trespass; owner’s agent had authority to exclude appellant under durable power of attorney and evidence sufficient to show appellant aware he was not supposed to be on property
1348224 David Jones, et al. v. Minsung "Joseph" Kim 09/03/2024
Trial court did not err dismissing appellants’ motions to strike; evidence sufficient to show appellants did not meet their duties of reasonable care and to not wantonly or willfully injure appellee which caused his injuries; no error finding appellants’ conduct willful and wanton and finding appellee was not contributorily negligent
1438231 Andre Marquise Harris v. Commonwealth of Virginia 09/03/2024
Trial court did not err denying appellant’s motion to suppress evidence found on his person during his arrest; police lawfully entered home without a warrant under the emergency aid exception to the Fourth Amendment
1569232 Javion Deonte Martin v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of robbery; no basis to reject jury’s witness credibility determinations; no abuse of discretion as sentence did not exceed maximum penalty; claim verdicts were inconsistent waived, Rule 5A:18
1584231 Jamar Montel Edmonds v. Commonwealth of Virginia 09/03/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted violent felon and denying his motion to strike the evidence; evidentiary chain of circumstances unbroken as to possession of handgun
2058233 HealthSouth Corp., et al. v. Pamela B. Hawthorne 09/03/2024
Commission erred finding causal connection between 2022 injury and 2011 work-related injury and awarding lifetime medical benefits; Commission erred finding appellee carried her burden of proving 2022 injury was a compensable consequence of 2011 injury as appellee’s speculative opinion uncorroborated by medical records
0216234 Derek Brawner v. Commonwealth of Virginia 08/27/2024
Trial court abused its discretion finding appellant in violation of his probation by willfully failing to seek relief from the court’s order to pay court costs; nothing in record showing appellant received notice of availability of community services in lieu of court payment; revocation order reversed and vacated
0542234 Bahriddin Kodirovich Bobocholov v. Bakhtigul Farmonovna Turaeva 08/27/2024
Judgment affirmed as trial court did not abuse its discretion awarding appellee $5,500 in monthly spousal support for an indefinite duration; record supports trial court appropriately weighed statutory factors in determining award; no abuse of discretion awarding appellee attorney fees; request for appellate attorney fees denied; other arguments not preserved for appeal, Rule 5A:18
0892233 Keyon Da'Monta Petty v. Commonwealth of Virginia 08/27/2024
Trial court did not abuse its discretion denying appellant’s motion to strike a juror for cause; juror’s statements do not call his impartiality into question
0944233 Jaquan Hamilton, an infant, by his mother and next friend Tanisha Hamilton v. Morris Jackson, et al. 08/27/2024
Trial court did not err granting Durham’s plea in bar given assignments of error as drafted; allegations of Durham’s gross negligence insufficiently pleaded; trial court erred granting Roanoke City School Board’s plea in bar as it presented insufficient evidence to meet burden of proving sovereign immunity; matter as to School Board remanded for further proceedings
1060233 Barbara H. Clements, etc. v. Medical Facilities of America, Inc., et al. 08/27/2024
Trial court did not abuse its discretion limiting physician witnesses’ testimony to substance of records exchanged in discovery; trial court did abuse its discretion excluding standard of care expert witness as statutory requirements to qualify met and assignment of error not procedurally barred; error granting motion for summary judgment; reversed in part and remanded
1065234 David Michael Jackson v. Commonwealth of Virginia 08/27/2024
Trial court abused its discretion revoking previously suspended sentences and imposing two years of active incarceration; trial court gave significant weight to an improper factor, appellant’s plea of not guilty and request for trial, in rendering sentence; matter reversed and remanded for resentencing
1179232 Cascade Creek Homes, Inc. v. County of Chesterfield, Virginia 08/27/2024
Trial court did not err denying appellant’s request for attorney fees and mediation costs under Code § 25.1-248 as matter dismissed before trial on just compensation began; Code § 25.1-410 does not apply as no taking occurred; other expenses including expert witness costs, discovery costs and other expenses awarded and not contested
1193232 Rockingham County School Board, et al. v. Sharon Rohrbaugh 08/27/2024
No error in Commission’s finding inpatient residential care at an assisted-living facility was reasonable and necessary medical attention for claimant, and such care was causally related to her work accident; no showing Commission committed reversible error
1304233 Jason Aaron Bard v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err denying motions to strike and finding evidence sufficient to convict appellant on two counts of forcible sodomy or exercising jurisdiction as record reflects the acts occurred in Virginia; no error failing to dismiss indictments for speedy trial violations, Rule 5A:18
1390231 Vernon Evander Green, II v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and felony hit and run; no error denying motion to set aside verdict; no abuse of discretion granting Commonwealth’s motion in limine; jury instruction claim waived and ends-of-justice exception does not apply, Rule 5A:18
1718234 Kevin Nathan Mettinger v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of carnal knowledge of a child and indecent liberties; no abuse of discretion overruling appellant’s objections to text messages or weighing probative nature of photographs against risk of undue prejudice; claim victim’s testimony inherently incredible waived, Rule 5A:18
1816232 Daniel Carlton Railey v. Commonwealth of Virginia 08/27/2024
Trial court did not err finding evidence sufficient to prove appellant formed the intent to defraud and convict appellant of obtaining money by false pretenses; evidence supports finding appellant acted with fraudulent intent and fails to support hypothesis of innocence
0217232 Michael Antoine Freeman v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of abduction and assault and battery of family member; evidence demonstrated appellant used intimidation to detain victim and intended to deprive victim of ability to leave; no abuse of discretion in sentencing where court weighed all evidence and imposed sentence within allowed range
0575232 Peter Warren Charles v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of abduction; assignments of error regarding jury question and admissibility of photograph waived, and record does not warrant application of ends-of-justice exception, Rule 5A:18
0584232 Franklin Jerome Coleman, Jr. v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for jury to find that appellant shot the victim; appellant provides no justifiable legal basis for discarding the evidence; no abuse of discretion denying appellant’s motion for new trial based on purported recantation of a witness as recantation evidence did not meet materiality standard; matter remanded to correct clerical error
0845231 Leonard Wista Najacque v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of five counts of child cruelty; repeated and ongoing nature of sexual abuse demonstrates its cruelty; evidence showed appellant’s behavior caused sufficient physical and emotional pain and suffering to support conviction under Code § 40.1-103(A)
0865232 Ruben Murphy, III v. Edward Olive, etc., et al. 08/20/2024
Judgment affirmed as trial court did not err granting appellee’s motion for summary judgment; appellant had no causation testimony to present at trial and could not proceed with informed consent claim; no abuse of discretion enforcing discovery deadlines; no record to support claim other provider could have testified as to causation; other claims waived, Rules 5A:8, 5A:18
0890234 Ronnie Marshall v. Commonwealth of Virginia 08/20/2024
Trial court did not its discretion denying counsel’s motion to withdraw, admitting recordings of the victims’ interviews with police, and excluding certain videos produced by the victims’ son; appellant did not establish an actual conflict of interest with counsel; risk of unfair prejudice of victims’ statement did not outweigh probative value
0971231 Wayne McKinnly Roane v. Commonwealth of Virginia 08/20/2024
Trial court did not err denying appellant’s motion to suppress evidence; exclusionary rule did not apply to firearm seized from appellant; gun discovered because of new and distinct criminal act of brandishing a firearm
1208232 Leon Anderson, s/k/a Leon Alexander Anderson v. Commonwealth of Virginia 08/20/2024
Trial court did not abuse its discretion imposing active sentence of one year; part of violations of probation was a violation of sex offender special instructions, a non-technical violation
1225233 Robert A. Linkenauger v. Micah S. Fraim, et al. 08/20/2024
Trial court did not err finding appellant failed to send a written demand letter as required by Code § 13.1-1042 and granting appellees’ plea in bar; evidence insufficient to demonstrate demand letter requirement would be futile
1393233 Tremon Jaquil Burford v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not abuse its discretion admitting expert testimony on gang participation, admitting jail visit video recording, and allowing photo of appellant; probative value of photo outweighed prejudicial effects; claims expert testimony was hearsay and court erred admitting video recording waived, Rules 5A:18, 5A:20(e)
1403232 Ronald Edward Holmes, Jr. v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of rape and forcible sodomy and finding victim credible; no abuse of discretion denying motion to strike juror with relatives who were victims of sexual assault for cause; any error admitting appellant’s letter to the trial court harmless; other claim waived, Rule 5A:20
1800233 Roger Junior Holland v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding appellant remained a sexually violent predator ineligible for conditional release, Code § 37.2-910
1859232 Virginia Commonwealth University/Commonwealth of Virginia v. Sabrina Miller 08/20/2024
No error in Commission finding work-related accident caused need for mental-health treatment and awarding medical benefits for the treatment; appellee’s testimony, combined with the medical evidence, sufficed to prove causation
0228231 Destin N'Dia Tranay Wright v. Commonwealth of Virginia 08/13/2024
Trial court erred finding evidence sufficient to convict appellant of obstructing justice; evidence of force not sufficient to support appellant’s conviction for obstruction pursuant to jury instruction, Code § 18.2-406(B); conviction reversed and matter dismissed
0408234 Igor Peter Koob v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial court did not err denying motion to set aside verdict and finding evidence sufficient for jury to convict appellant of aggravated malicious wounding and assault and battery; indictment not fatally defective; no double jeopardy violation; other claims including substitution of judge and failure to poll jurors waived, Rule 5A:18
0739232 China Lynn Washington v. Buckingham County Department of Social Services 08/13/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights under Code § 16.1-283(B) and (C)(2); no error finding termination in the best interests of the children as they had been in foster care for twenty months and appellant admitted she was not ready to resume custody of the children
0806234 Mireille B. Tshiteya v. Greenhouse Board of Directors, et al. 08/13/2024
Trial court did not err granting summary judgment in favor of appellees; resale certificate complied with plain language of the statute
0915231 Abdiel Quinones Berrios v. Commonwealth of Virginia 08/13/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and use of a firearm and to deny motion to strike; given totality of evidence, reasonable fact finder could find appellant guilty of murder and use of firearm; no abuse of discretion excluding body-worn-camera footage containing hearsay statements
0922231 Ivan Darnell Palmer, Jr. v. Commonwealth of Virginia 08/13/2024
Trial court did not err denying appellant’s motion to suppress evidence found inside his truck during a traffic stop; traffic stop supported by reasonable articulable suspicion; appellant consented to search of passenger area of truck; search of entire truck justified under automobile exception after gun and cocaine found in passenger area
1019231 Kevin Lee Bethea v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial did not abuse its discretion imposing a 27-year active sentence within the range set by the legislature; appellant’s voluntariness arguments procedurally defaulted and ends of justice exception does not apply as trial court did not err, Rule 5A:18
1100232 Brian Hernandez v. Commonwealth of Virginia 08/13/2024
Trial court erred testifying in the contempt proceeding in violation of Code § 19.2-271 and finding evidence sufficient to support a finding of contempt; trial court’s factual findings preclude affirming under right result for the wrong reason rationale; judgment reversed and conviction vacated
1219234 Paul N. Mullis v. Russell Edward McDow, Jr., MD, et al. 08/13/2024
Judgment affirmed as trial court did not err denying appellant’s motion for summary judgment on informed consent; no abuse of discretion overruling appellant’s objections to expert testimony and refusing offered jury instruction; claim of error regarding informed consent opinion waived, Rule 5A:18
1240222 Lynette Ebony Morse v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of attempted abduction and conspiracy to commit abduction; facts establish appellant’s conduct more than mere preparation for abduction; no error in ruling venue proper in Prince George County; conspiracy claim waived and ends-of-justice exception not applicable, Rule 5A:18
1430232 Edelblute's Service Center, et al. v. John Edelblute 08/13/2024
No error in Commission’s finding appellants’ defense to mileage reimbursement barred by res judicata and awarding appellee attorney fees under Code § 64.2-713; appellants did not appeal prior Commission finding appellants were responsible for reimbursement of treatment and mileage incurred; matter remanded to determine appropriate appellate attorney fees
1903233 Kathryn Lydia Hunter v. Commonwealth of Virginia 08/13/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of methamphetamine and driving under the influence of drugs; totality of evidence sufficient to find appellant drove under the influence; no abuse of discretion admitting certificate of analysis as evidence sufficient to prove blood tested was from appellant
0809233 Herman Tracy Evans v. Commonwealth of Virginia 08/06/2024
Judgment reversed and convictions dismissed as trial court erred finding evidence sufficient to convict appellant of resisting arrest, disorderly conduct, and animal cruelty; no evidence his remarks had direct tendency to incite breach of peace from reasonably trained police officer; no close proximity requirement met for resisting arrest; no intent to harm animal, Rule 5A:18
0868233 Timothy Preston Meadows v. Commonwealth of Virginia 08/06/2024
Trial court did not abuse its discretion excluding victim’s alleged inconsistent statements; appellant failed to identify any specific inconsistent statement and testimony never proffered in any form
0896232 Mattawoman Energy, LLC v. Cove Point LNG, LP 08/06/2024
Trial court erred granting summary judgment in favor of appellee on breach of contract claim; trial court abused its discretion refusing to allow appellant to conduct discovery relevant to its affirmative defenses; limiting discovery denied appellant’s substantive right to pursue legally cognizable defenses; judgment reversed and matter remanded for further proceedings
0900234 Glennard Kenny McFadden v. Commonwealth of Virginia 08/06/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of aggravated malicious wounding and finding permanent and significant impairment; no abuse of discretion in sentencing and in admitting prior acts of abuse as probative of intent and relationship between appellant and victim; challenge to unitary jury defaulted, Rule 5A:18
0959232 Taylor Neal Lickey v. Commonwealth of Virginia 08/06/2024
Trial court erred finding evidence sufficient for the jury to convict appellant of obstruction of justice; evidence insufficient to prove appellant obstructed the officer in his duties
1162232 Cody James Brouillard v. Commonwealth of Virginia 08/06/2024
Trial court did not err finding evidence sufficient to convict appellant of forging a check
1594224 Golden Key Group, LLC v. Communication Technologies, Inc. 08/06/2024
Trial court did not err finding parties’ subcontract continued past base term ending August 2018 and finding subcontract’s non-solicitation clause reasonable, valid, and enforceable; no error finding appellant breached subcontract and ordering compensation; trial court’s conclusions supported by evidence and no error denying appellant’s motion to strike
2002221 Albin Trevor Pearson v. Commonwealth of Virginia 08/06/2024
Judgment affirmed as trial court did not err ruling attempted arrest of victim and entry into his home were unlawful as a violation of Fourth Amendment; no error giving jury instructions consistent with the rulings; no abuse of discretion refusing to admit evidence of protective order and expert testimony based on analysis of body-camera video; other claim waived, Rule 5A:18
0126232 Grover Garnell Gordon, Jr. v. Commonwealth of Virginia 07/30/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of attempted murder, use of a firearm, aggravated malicious wounding, and discharging a firearm from a motor vehicle; jury could find appellant’s evidence did not prove circumstances of self-defense sufficient to create reasonable doubt and infer malice from appellant’s use of a deadly weapon
0369231 City of Norfolk v. Arianna Zoghi 07/30/2024
Trial court did not err granting Petition for Mandamus under VFOIA, ordering production of the documents, and awarding requested costs; matter remanded for determination of costs and attorney fees associated with the appeal
0516231 Michael R. Agnew, et al. v. 1309 Taylors Point Road, LLC 07/30/2024
Trial court did not err granting appellee’s motion for summary judgment and awarding appellee possession of the property and unpaid rent in an unlawful detainer action; appellee established a prima facie case of its right to possession; as appellant’s allegations of invalid title were insufficient, trial court did not err limiting its ruling to the issue of possession
0693232 Jason Franklin Maxwell v. Commonwealth of Virginia 07/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny, petit larceny, and property damage; circumstantial evidence, possession of stolen vehicle by appellant, and appellant’s actions sufficient to support jury’s conclusions; claim of inconsistent jury verdict waived, Rule 5A:18
0815231 Axios Partners, LLC v. Northampton County Board of Supervisors, et al. 07/30/2024
Trial court did not err affirming the denial of a special use permit by county board of supervisors; no error finding tourist cottage was a dwelling and consideration of density appropriate; no error finding actions of the board were not arbitrary and capricious and not a violation of constitutional rights; trial court properly applied fairly debatable standard
1410233 Uninsured Employer's Fund v. Joseph Thacker 07/30/2024
No error in Commission finding work-related accident caused shoulder injury to appellee and awarding temporary total disability and medical benefits; Commission properly placed burden of proving causation on appellee and found he carried that burden
1497232 Norris Goode, Jr. v. Huguenot Springs, LLC, et al. 07/30/2024
Trial court did not err sustaining demurrer to appellant’s claim of negligence; appellees had no duty to warn or protect appellant from unforeseen criminal conduct or control criminal actors’ behavior; appellees did not voluntarily assume duty to protect appellant
1561231 Wlimer Pineda v. Dante Siding, LLC, et al. 07/30/2024
No error in Commission denying appellant’s claim for benefits, finding he was an independent contractor and not an employee; appellant failed to meet his burden of demonstrating he was an employee
0114231 Marquis Jerome Fore v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant failed to comply with the terms and conditions of his plea agreement and finding him guilty of the felony offense of indecent liberties with a child; other arguments waived, Rules 5A:18, 5A:20
0137231 Jamar Mustafa Jones v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to prove instrument recovered from car was a firearm and for the jury to convict appellant of possession of a firearm by a convicted felon; no error denying his motion to suppress; no abuse of discretion denying appellant’s motion for a mistrial as any prejudice cured by instruction to jury
0169234 Ashburn Village Community Association, Inc. v. Waltonwood Ashburn, LLC 07/23/2024
Trial court did not err sustaining appellee’s demurrers to appellant’s second and third amended complaints for declaratory judgement, breach of contract, and injunctive relief; appellee was not the owner when the property was rezoned and was not in breach or subject to injunctive relief; request for declaratory judgment not plead in third amended complaint
0450231 Rashad Detwan Dooley v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of conspiracy to commit first-degree murder, conspiracy to commit burglary, and attempted robbery; record presents evidence of more than one person involved in the murder and burglary; other arguments precluded from consideration, Rule 5A:20(c)(i)
0627232 Kemari Jayshawn Booker v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of felony destruction of property and misdemeanor destruction of property; record contains ample evidence identifying appellant as the perpetrator; claim of inconsistent verdicts waived, Rule 5A:18
0708232 The Estate of Joseph Williams and Gary Williams v. Glenn Leo Williams 07/23/2024
Trial court did not err sustaining appellee’s demurrer that a detinue action was improper as appellant was not seeking recovery of a specific item of property
0799233 Teirra Shanae Poindexter v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of involuntary manslaughter and two counts of felony neglect for shooting committed by her child; appellant acted with reckless disregard for human life, was criminally negligent, and responsible for the death; victim’s contributory negligence does not factor in involuntary manslaughter analysis
0811233 Tracey Darnell Taylor v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as appellant’s claims are procedurally barred for failing to move to strike or set aside the verdict; ends of justice exception does not support overturning convictions for child endangerment or maliciously shooting within an occupied building, Rule 5A:18
0848231 Larry Lorenzo Taylor, Jr. v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not abuse its discretion by admitting a video of hit-and-run incident and denying motion for mistrial; any error harmless as admission of video cumulative of other evidence already admitted to prove identity of driver; appellant not entitled to mistrial as no reversible error admitting video
0885232 Douglas Wayne Potter v. Commonwealth of Virginia 07/23/2024
Trial court did not abuse its discretion sentencing appellant to an active prison sentence of 15 years; sentence imposed fell below statutory maximum; appellant found with approximately 50,000 lethal doses of Fentanyl and had a 40-year criminal record
0893231 Daniel Justin Rose v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of forcible sodomy and object sexual penetration of a child under 13, aggravated sexual battery of a child, and indecent liberties with a minor; no abuse of discretion permitting recorded interview with victim; mandatory life sentences for convictions of sodomy and object sexual penetration constitutional
0904232 John Halvorsen, et al. v. Powhatan County School Board 07/23/2024
Trial court did not err dismissing the petition for a writ of mandamus and denying motion to reconsider; mandamus is an extraordinary remedy unavailable to appellants as they had an adequate remedy at law
1039232 John Halvorsen, et al. v. Powhatan County School Board 07/23/2024
Trial court did not err dismissing the petition for a writ of mandamus and denying motion to reconsider; mandamus is an extraordinary remedy unavailable to appellants as they had an adequate remedy at law
1109231 Taejon Lamont Davis v. Commonwealth of Virginia 07/23/2024
Trial court did not abuse its discretion denying appellant’s motion to withdraw his guilty plea; no abuse of discretion finding appellant failed to carry his burden showing the motion to withdraw was made in good faith and had not offered a reasonable defense in support of the motion
1220233 George Christopher Lilly v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of five felony counts of financially exploiting a vulnerable adult by misappropriating funds that belonged to his incapacitated brother; no abuse of discretion finding appellant’s testimony not credible, Code § 18.2-178.1
1241233 Anthony Quentin Johnson v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of uttering a forged public record and unlawfully obtaining a document from DMV; evidence refutes reasonable hypotheses of innocence
1524223 Danny Eugene Hearn, Jr. v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of violation of a protective order by stalking and attempted first-degree murder; evidence presented was sufficient for jury to find appellant had specific intent to kill victim; matter remanded to correct clerical error
1659222 Timothy Wayne Eacho v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant for assault and battery of a family member; no error finding parental privilege to discipline a child did not justify appellant’s use of force; appellant used excessive force and lacked a proper disciplinary purpose in grabbing, shoving, and throwing victim to ground, then squeezing her neck
0360241 Commonwealth of Virginia v. William Lamont Jones 07/16/2024
Trial court did err granting the motion to suppress and finding no reasonable suspicion to support a Terry detention; officer had reasonable suspicion that appellee had committed a criminal offense; reversed and remanded for further proceedings
0361234 Yemane Mehari v. Muzit Mesfun-Mehari 07/16/2024
Trial court did not abuse its discretion calculating child support and determining equitable distribution award; no error determining appellant owed child-support arrearages and unreimbursed costs for healthcare and tuition; trial court did not err in classification of bank and investment accounts; remanded to determine appellate attorney fees for appellee
0423234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8
0425234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8
0428234 Random Pinecone, LLC, et al. v. David Davies, et al. 07/16/2024
Judgment affirmed as trial court did not err finding for appellees on their tenant assertion and breach of lease regarding habitability claims, finding condition a serious threat to life, health, or safety of appellees, finding appellants failed to remedy condition within reasonable period of time and awarding attorney fees to appellees; other argument not preserved, Rule 5A:18
0660233 C & M Truck Repair, LLC v. Morgan Freight Services, LLC 07/16/2024
Trial court erred allowing appellee to nonsuit its loss of income claim as the claim was not pending when appellee moved for nonsuit; claim disposed and eliminated from case as demurrer granted on loss of income claim and deadline to file amended complaint had passed; judgment granting nonsuit reversed and case remanded for entry of order consistent with opinion
0785232 Keith Montrell Bailey v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of robbery and use of a firearm as a principal in the second degree; sufficient circumstances to conclude appellant assisted others robbing the victim and using a firearm; sufficiency argument with respect to conspiracy not before the court, Rule 5A:20
0995232 Anne P. Everett v. George Lee Parson, et al. 07/16/2024
Trial court erred sustaining appellees’ demurrer and ruling appellant’s mistaken belief property conveyed to her precluded claim for adverse possession; mistaken belief of ownership does not defeat hostile element for adverse possession; amended complaint sufficiently alleges other elements of adverse possession; judgment reversed and matter remanded for further proceedings
1014233 Bradley A. Hedrick v. Commonwealth of Virginia 07/16/2024
Trial court did not err finding evidence sufficient to convict appellant of trespass; no error rejecting appellant’s affirmative defense of bona fide claim of right
1463234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8
1654231 William Vincent Scott v. Commonwealth of Virginia 07/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of discharging a firearm from a motor vehicle, unlawful wounding, and involuntary manslaughter; jury finding appellant ‘s actions not self-defense supported by the record and not plainly wrong; no abuse of discretion denying request to admit protective order as not subject to exception to hearsay rule
1818224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 07/16/2024
Trial court did not err granting appellees’ demurrer and dismissing appellant’s suits for personal injury and wrongful death; appellees had no common-law duty of care to maintain tree for safety of travelers on public road and neither statute nor ordinance established such an enforceable duty; nuisance claim not legally distinct from negligence claim
1819224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 07/16/2024
Trial court did not err granting appellees’ demurrer and dismissing appellant’s suits for personal injury and wrongful death; appellees had no common-law duty of care to maintain tree for safety of travelers on public road and neither statute nor ordinance established such an enforceable duty; nuisance claim not legally distinct from negligence claim
1990224 Christina Martinka v. PHI Group, Inc., et al. 07/16/2024
No error in Commission’s finding appellant injured in a work accident and unable to work December 1, 2017 to January 28, 2018; no error finding that she was not entitled to benefits after that time as she failed to market her residual capacity; no showing Commission committed reversible error; other arguments not preserved for appeal, Rule 5A:18
0066232 Kevin Mitchell v. Commonwealth of Virginia 07/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of first-degree murder, use of a firearm, aggravated malicious wounding, and use of a firearm; identification of appellant not inherently incredible; evidence sufficient to prove permanent physical impairment; claim identification was unreliable waived, Rule 5A:18
0091232 Pierre Le'Shon Paige v. Commonwealth of Virginia 07/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of possession with intent to distribute cocaine; any error denying motion to suppress appellant’s statements harmless as cumulative; no error denying motions to exclude and suppress evidence seized in warrantless search of rental car; search incident to arrest challenge waived, Rule 5A:18
0689234 Dexis Interactive, Inc., etc. v. International Business & Technical Consultants, Inc. 07/09/2024
Trial court did not err sustaining appellee’s plea in bar and dismissing appellant’s suit for anticipatory breach of contract and declaratory judgment with prejudice; plain language of the contract does not support appellant’s claims
0715232 Hanover County, et al. v. Scott W. Moore 07/09/2024
No error in Commission finding appellant’s thoracic aortic aneurysm was heart disease under Code § 65.2-402(B) and awarding lifetime medical benefits; Commission’s factual findings supported by credible evidence
1070231 Mwando Michael Amerson v. Commonwealth of Virginia 07/09/2024
Trial court did not err finding appellant remained a sexually violent predator, Code § 37.2-910
1157233 Bradley Allen Roloson v. Carroll County Department of Social Services 07/09/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights pursuant to Code § 16.1-283(C)(2) and approve the foster care goal of adoption; no error finding no suitable permanent family placement
1587232 Jeffrey Dylon Hardin v. Hopewell Department of Social Services 07/09/2024
Judgment affirmed as trial court did not err finding sufficient evidence to terminate appellant’s parental rights pursuant to Code § 16.1-283(B) and (C)(2); no error finding termination in the best interest of the child, parent unwilling to correct his behavior, and no suitable permanent family placement; other claim waived, Rule 5A:20(e)
1956224 Under Wild Skies, Inc. v. National Rifle Association of America 07/09/2024
Trial court did not err denying appellant’s motion to set aside jury’s verdict as result of failure to give proposed jury instruction; no abuse of discretion denying appellant’s proposed jury instruction as Virginia law does not recognize the doctrine of reasonable assurances
1965224 National Rifle Association of America v. Under Wild Skies, Inc. 07/09/2024
Judgement affirmed as trial court did not err denying appellant’s motion to set aside jury’s verdict as supported by the evidence; no error denying affirmative defense of fraudulent invoicing as evidence inadequate to support defense; no error denying defense of recoupment as payments not part of same transaction; other recoupment claim waived, Rule 5A:18
0174232 Chinico Davenport v. CBR Motorwerx, LLC 07/02/2024
Judgment affirmed as appellant made no objections to any of the trial court’s rulings; claims of error waived by not timely filing transcript or written statement of facts; appellee’s request for sanctions and attorney fees waived, Rules 5A:8(c), 5A:18
0333231 Anthony Sahadeo v. City of Norfolk 07/02/2024
Trial court did not err denying appellant’s request for a jury trial as untimely and granting motion for summary judgment; appellant’s jury request was untimely as filed more than ten days after the last pleading directed to the issue; no abuse of discretion granting appellee’s motion in limine; appellant not deprived of due process in grant of summary judgment
0416234 Ritcon, LLC, d/b/a Advanced Contents Recovery v. Susan Doran 07/02/2024
Judgment affirmed in part and reversed in part; trial court erred in awarding punitive damages to appellee as no evidence of willful and wanton conduct; remaining claims and assignment of cross-error are either waived or moot; as appellant did not challenge liability for negligence or conversion, challenge to compensatory damages waived, Rule 5A:18
0485233 Joshua Luke Curry v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possession with intent to distribute methamphetamine; totality of circumstances allowed finding of intent to distribute drugs; no abuse of discretion handling cross-examination of witness and limiting appellant’s closing argument; other claims waived, Rule 5A:18
0580231 Peter W. Babar v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm as a violent felon; testimony of witness, appellant’s conduct as corroborated by video footage, and circumstantial evidence permitted court to find appellant possessed actual firearm
0652232 Rakim Jamal Jackson v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding and possession of a firearm by a violent felon; video evidence sufficient to find no immediate and real threat to appellant and no act of necessity; no abuse of discretion giving jury instruction defining imminent danger that correctly stated law of self-defense;
0667234 Richetta Veronique Hammonds v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of drinking while driving, driving while intoxicated, and following too closely; no abuse of discretion permitting testimony about not administering breath test and denying proposed jury instruction; remanded to correct scrivener’s error; jury question claim waived, Rule 5A:20
0706234 Noor A. Popal v. Sanjay Garg 07/02/2024
Judgment affirmed as trial court did not abuse its discretion sustaining objection to testimony on causation of neck injury, instructing the jury on mitigation, and denying appellant’s motion to set aside verdict and for new trial; jury verdict not inadequate as a matter of law; claims of error admitting testimony as outside scope of direct and improper bias waived, Rule 5A:18
1146222 Kyle Raymond Potts v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of four counts of possession of a controlled substance with intent to distribute; evidence sufficient to prove constructive possession of the drugs; no error denying motion to set aside the verdict as appellant failed to prove impeachment evidence was material and prejudicial
1210232 Heather K. L. Corpin v. City of Fredericksburg Department of Social Services 07/02/2024
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) and approving the foster care goal of adoption; no error finding termination in the best interest of the child, that parents failed to substantially remedy circumstances that caused the child to be placed in foster care, and finding no suitable relative placement
1301231 Isadore Miracle Humphrey, II v. Commonwealth of Virginia 07/02/2024
Trial court did not err denying appellant’s motion to suppress evidence of firearm; appellant’s seizure was not made in violation of Fourth Amendment as officers possessed reasonable suspicion to detain appellant, conduct a pat-down, and retrieve firearm
1440232 Fernando Montero Laboy v. City of Fredericksburg Department of Social Services 07/02/2024
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) and approving the foster care goal of adoption; no error finding termination in the best interest of the child, that parents failed to substantially remedy circumstances that caused the child to be placed in foster care, and finding no suitable relative placement
1637233 Eugene Brown v. Ariana Chantel Showalter, et al. 07/02/2024
Trial court did not err dismissing appellant’s personal injury and property damage lawsuit for failing to timely serve appellee; no error finding appellant did not act with due diligence to obtain service of the complaint within twelve months, Code § 8.01-275.1
1915231 Ashlee Nicole Phoenix v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not abuse its discretion imposing active sentence in a violation of probation matter; due process claim and claim related to alleged absence of factual findings waived, Rule A:18
1945223 Cristian Alejandro Perez v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possessing 10 to 100 grams of methamphetamine with intent to distribute; evidence supports finding appellant possessed methamphetamine; assignment of error to challenge sufficiency of evidence regarding distribution waived, Rule 5A:20(e)
0162241 Commonwealth of Virginia v. Joseph Corcoran 06/25/2024
Trial court did not err granting appellee’s motion to suppress all evidence seized from wallet; gaps in record preclude application of the search-incident-to-arrest doctrine as record silent as to when search of wallet occurred; lack of evidence precludes application of inevitable-discovery doctrine; reliance on good-faith exception misplaced based on circumstances
0606234 Felicia N. Speller v. Sentara Norfolk General Hospital, et al. 06/25/2024
No error in Commission finding appellant had not timely requested review of compensation award, concluding it lacked jurisdiction, and denying her request for review
0625231 5800 HVB, LLC v. Harbour View Commerce Association, Inc. 06/25/2024
Trial court did not err denying appellant’s suit seeking declaratory judgment that appellee was required to approve any use permitted in a B-2 district as a matter of right; no error finding the review board was authorized to reject appellant’s plans to develop its property as failing to conform to the overall plans within the commerce center
0796232 Gregory Fuller v. Commonwealth of Virginia 06/25/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of failure to reregister as a sex offender; evidence sufficient appellant knew of duty to register and how to properly complete reregistration form; argument that merely timely filing of an incomplete form satisfied reregistration not properly before the court, Rule 5A:18
1657224 2000 Courthouse, LLC v. Abal Courthouse, LLC, d/b/a Chercher Ethiopian Restaurant and Cafe 06/25/2024
Trial court did not abuse its discretion denying appellant’s request for attorney fees as he did not establish fees were reasonable and incurred to litigate lease dispute
2009224 Abal Courthouse, LLC, d/b/a Chercher Ethiopian Restaurant and Cafe 06/25/2024
Trial court did not err finding evidence sufficient appellant breached the lease agreement by not paying rent and condition precedent to pay rent had occurred; trial court did not err excluding certain evidence as cumulative or irrelevant
2035232 Willard Chapman v. Henrico County Department of Social Services 06/25/2024
Judgment affirmed as trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2); argument for appeal not preserved, and ends of justice exception not appropriate as adequate evidence supports the decision, Rule 5A:18
0028234 Keiry Marisol Torres, s/k/a Kiery Marisol Torres v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not err denying appellant’s motion to vacate as requirement that sworn advisement form be attached to summons is procedural and not substantive; any error giving jury instruction harmless as record shows jury had come to a decision on the charge of refusing a breath or blood test before instruction given
0388232 Celvin Eraldo Corado Beltran v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as appellant failed to preserve his arguments challenging the voluntariness of his plea and admission of Commonwealth’s proffer; ends of justice exception does not apply as no demonstration trial court erred and no showing of manifest injustice, Rule 5A:18
0445232 Roy Black v. C. T. Woody, Jr., et al. 06/18/2024
Trial court did not abuse its discretion excluding expert testimony offered by appellant where sole designation stated standard of care breached by failure to timely send appellant to the hospital; record supports expert not familiar with policies associated with transferring an inmate to the hospital; no error granting appellees’ motions to strike evidence
0481234 John Thomas Bey v. Commonwealth of Virginia 06/18/2024
Judgment waived as trial court did not err finding evidence sufficient for jury to convict appellant of attempted malicious wounding of law enforcement officers; evidence supports conclusion appellant knew occupants of vehicle were police; claim challenging conviction for maliciously shooting at an occupied law enforcement vehicle waived, Rules 5A:18, 5A:20(e)
0632232 Travis Aaron Ball v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not abuse its discretion admitting body-worn camera video, recording of a video call from jail, and a portion of the transcript from appellant’s capital murder conviction sentencing hearing during revocation hearing; admissions relevant to provide context and determine whether and how to modify suspended sentence, Rule 5A:18
0762231 Richard Eugene Stoner v. Commonwealth of Virginia 06/18/2024
Trial court did not err denying appellant’s motion to suppress his confession; appellant not subject to custodial interrogation before being advised of Miranda rights and confession not a product of intimidation, coercion, or deception; no abuse of discretion denying motion to recuse prosecutors as appellant failed to establish they were necessary witnesses
0790233 Mark Wayne Gusler v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient to convict appellant of use of a sawed-off shotgun during a crime of violence; assault and battery and use of the shotgun do not violate double jeopardy as each offense contained an element the other does not; no abuse of discretion allowing evidence of prior threat to victim as probative of appellant’s intent to kill victim
0906232 Andrew Gordon Luck v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation; victim’s testimony not inherently incredible and evidence sufficient to show victim suffered a bodily injury
1086234 John Michael Wolfe v. Patrick R. Woolley, et al. 06/18/2024
Trial court did not abuse its discretion denying appellant’s petition to proceed in forma pauperis; claim of error for dismissing motion for reconsideration not considered as decided 31 days after final order
1426223 Gregorio Maria Paone v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery of a family member; no abuse of discretion allowing contested testimony as no Brady violation and appellant failed to show materiality of statement or prejudice; no abuse of discretion rejecting appellant’s proposed jury instruction on self-defense
1449233 Dominic Thomas Novia v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder, use of a firearm, and malicious shooting into an occupied building; evidence, circumstantial and direct, overwhelmingly supports the finding appellant shot and killed his grandmother
1801224 Sharon Robertson, et al. v. Ricky Wes Loy 06/18/2024
Judgment affirmed as trial court did not err dismissing appellants’ breach of contract claims on claim preclusion grounds; trial court did err dismissing the negligence claims under the economic-loss rule and matter remanded for further proceedings; challenge to breach of warranty claims waived, Rule 5A:18
1818224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 06/18/2024
For reasons appearing to the Court, the opinion issued is withdrawn.
1819224 Angelo J. Carmello, Jr., v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 06/18/2024
For reasons appearing to the Court, the opinion issued is withdrawn.
1972221 Michael Alan Webb v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant was competent to represent himself at trial; appellant timely, clearly and unequivocally, and voluntarily, knowingly, and intelligently waived counsel; Rules 5A:18, 5A:20
0096232 Mathew P. Appelget, et al. v. Pig and Pearl BBQ LLC 06/11/2024
Trial court erred granting remedy of recission for appellee on the breach of contract claim; evidence did not support findings of profitability, or distributions; appellee abandoned any appropriate remedy regarding failure to provide financial records; scrivener’s error as to default judgment; matter reversed and remanded to enter an order consistent with opinion
0341234 Robel Abebe Getachew v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as appellant waived argument that trial court abused its discretion instructing jury on permissive inferences arising from BAC results; appellant waived arguments challenging admissibility of certificate of analysis by introducing evidence of the same character; any error admitting witness testimony regarding search warrant harmless as cumulative
0354232 Timothy Adkins v. King and Queen County Department of Social Services 06/11/2024
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the child; appellant had been unwilling or unable to remedy substantially the conditions which led to foster care placement
0379232 Belynda Hilton v. King and Queen County Department of Social Services 06/11/2024
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the child; appellant had been unwilling or unable to remedy substantially the conditions which led to foster care placement
0385233 Gregorio Corona Valderama, a/k/a Juan Carlos Becerra-Reyes v. Commonwealth of Virginia 06/11/2024
Trial court did not err denying appellant’s motion to strike and finding evidence sufficient to convict appellant of distributing between 10 and 100 grams of methamphetamine; no abuse of discretion determining requisite chain of custody to admit drugs and certificate of analysis identifying the drugs
0573232 Anthony Lamont Brown v. Commonwealth of Virginia 06/11/2024
Trial court did not abuse its discretion refusing to instruct the jury on voluntary manslaughter; not a scintilla of evidence was presented at trial that appellant acted in the heat of passion upon reasonable provocation
0607231 Rocky A. Mugynei, II v. Commonwealth of Virginia 06/11/2024
Trial court did not err finding evidence sufficient to convict appellant of voluntary manslaughter and felony child abuse; evidence sufficiently established appellant caused the child’s injuries and failed to provide necessary care for the child; no abuse of discretion limiting cross-examination of a witness as beyond the scope of direct examination
0631234 Jose Pedro Marquez Martinez v. Commonwealth of Virginia 06/11/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant on four counts of sexual battery and that victim’s testimony was not inherently incredible
0648231 Antwan Christopher Williams v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not abuse its discretion admitting videotaped forensic interviews of two victims at appellant’s trial, or admitting out-of-court statements made by victims to their mother as corroboration of their testimony; argument the trial court required to view videos waived, Rule 5A:18
0704231 Ebonee Arnae Hines v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as appellant’s claim trial court erred convicting her of assault and battery of a family member where that charge was not a lesser-included offense of the indicted charge not preserved; ends of justice exception does not apply under the facts and circumstances of this case where record contains evidence establishing her guilt, Rule 5A:18
0735231 City of Portsmouth, et al. v. Robert Ayers 06/11/2024
Judgment affirmed as no error in Commission finding appellee entitled to continuing temporary total disability benefits beginning January 2022; Commission’s findings supported by credible evidence in the record; other argument not preserved for appeal, Rule 5A:18
0768233 Robert Allen Brotherton v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of aggravated malicious wounding and strangulation; no abuse of discretion admitting certain medical records into evidence; appellant failed to preserve speedy trial claim and sufficiency of evidence on two other charges, Rules 5A:18 and 5A:20
1590224 Ticonderoga Farms, LLC, et al. v. Alexander B. Knop, et al. 06/11/2024
Trial court did not err granting appellees’ motion for dissolution and declaratory judgment and denying appellants’ motions to strike and for summary judgment; no error finding res judicata did not apply to appellants’ attempt to enforce draft operating agreement; no error to deny appellants’ motion to disassociate appellees as not an appropriate remedy
1840221 Amos Jacob Arroyo v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not err finding appellant’s speedy trial rights were not violated and finding evidence sufficient for the jury to convict appellant of two counts of first-degree murder, two counts of use of a firearm, and other charges; no abuse of discretion rejecting appellant’s proffered jury instructions, Rules 5A:18 and 5A:20(e)
1910224 Mumeet Muhammad, s/k/a Tonie Macklin v. Commonwealth of Virginia 06/11/2024
Trial court did not err denying motion to strike and finding evidence sufficient to convict appellant of aggravated malicious wounding and abduction; no error denying motion to suppress his statements to police; no abuse of discretion denying chain-of-custody objection, refusing jury instruction on use of deadly force by police, or admitting 911 call as excited utterance
0229231 Carlos Eduardo Molina v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient to establish jurisdiction and for the jury to convict appellant of aggravated sexual battery; no abuse of discretion allowing testimony of victim’s father, denying appellant’s motion for mistrial, and sentencing appellant to ten years of supervised probation after his release from custody
0288233 Curtis Ray Spurlock v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence was sufficient for a jury to convict appellant of two counts of rape, two counts of object sexual penetration, and related charges; no error finding sufficient evidence of identity, supervisory relationship to victims, jurisdiction, ages of the victims, and age of the appellant
0347232 James Larry Cribbs, Jr. v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of one first offense and six subsequent offenses of use of a communication system to solicit a child to engage in sex acts; no abuse of discretion finding chain of custody established and admitting contents of appellant’s cell phone
0545231 Kurupt Mahdi v. Commonwealth of Virginia 06/04/2024
Trial court did not err denying appellant’s motion to suppress evidence for lack of probable cause to search his vehicle; officer observed what was believed to be a controlled substance in plain view inside the vehicle
0671231 Kurt Daniel Crowell v. Commonwealth of Virginia 06/04/2024
Trial court did not err denying appellant’s motion to suppress evidence; warrant sufficiently particular and did not violate Fourth Amendment
0716233 Kristen Bowes v. Franklin County Department of Social Services 06/04/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights under Code § 16.1-283(B); evidence demonstrated it was not reasonably likely the conditions that resulted in the childrens’ neglect or abuse could be substantially corrected or eliminated within a reasonable period of time
0742231 Xavier Demonye Bonilla v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient to convict appellant of second-degree murder and reject appellant’s self-defense claim; no abuse of discretion sustaining objection to the introduction of evidence of victim’s prior behavior where nothing in proffer included acts of violence or a propensity for violence
0846234 Christina Boyer v. Frederick County Board of Supervisors 06/04/2024
Trial court did not err sustaining demurrer to appellant’s complaint for declaratory judgment that appellant was entitled to a conditional use permit; complaint failed to sufficiently allege appellee’s action was arbitrary, capricious, or not fairly debatable under Code § 15.2 2285; no abuse of discretion denying motion to file second amended complaint;
0873234 Rodrigo Burela Peralta v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of driving under the influence; abundant circumstantial evidence appellant was under the influence of alcohol
1407223 Ted Anthony Jennings, Jr. v. Commonwealth of Virginia 06/04/2024
Petition for Rehearing En Banc granted
1534233 Lacy HighSmith v. Franklin County Department of Social Services 06/04/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights under Code § 16.1-283(C)(2); evidence demonstrated appellant had failed to remedy the conditions that led to the childrens’ placement and continuation in foster care within a reasonable period of time.
1748224 Yafet Ghebreyesus Yohannes v. Commonwealth of Virginia 06/04/2024
Judgment affirmed as issues based upon application of Code § 19.2-306.1 to probation violation hearings were not preserved; ends of justice exception does not apply as appellant invited the error, Rule 5A:18
1854221 Antonio Lee Sutton v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to find premeditation and convict appellant of first-degree murder or denying his motions to strike; no abuse of discretion rewording voir dire questions or denying motion to strike cohabiting jurors; no abuse of discretion limiting testimony of a defense witness or denying mistrial based on conduct of juror
0072234 Covanta Fairfax, LLC, et al. v. Lexington Insurance Company, as Subrogee, etc. 05/28/2024
Trial court abused its discretion dismissing case for breach of contract against appellant without prejudice; as the occurrence of the condition precedent, delivery of reconciliation statement and invoices had expired, case should be dismissed with prejudice; waiver provision not applicable to condition precedent; reversed and remanded for entry of order consistent with ruling
0236231 Karnell R. Pough, Jr. v. Commonwealth of Virginia 05/28/2024
Judgment affirmed as trial court did not err denying appellant’s motion to strike and finding evidence sufficient for the jury to reject the claim of self-defense and convict him of second-degree murder; no error denying motions to suppress; no abuse of discretion refusing one of appellant’s proffered jury instructions; other challenges not preserved, Rules 5A:18 and 5A:20
0260233 Steven Wade Carter v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of six counts of rape, six counts of object sexual penetration, and six counts of forcible sodomy; evidence sufficient to support proper venue in Pittsylvania County for one count of rape; victim’s testimony was not inherently incredible
0340231 Timothy Dennis Hilgers v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence was sufficient to convict appellant of felony driving on a revoked license; possible for a rational factfinder to find appellant’s failure to check adjacent lane before shifting endangered others or their property
0522233 Thomas R. Kelley, et al. v. James R. Nisbet 05/28/2024
Judgment affirmed as trial court did not err granting the plea in bar filed by appellee and dismissing appellants’ complaint; appellants failed to sufficiently plead they had statutory standing to bring the action for accounting under Code § 64.2 1614; argument waived that leave to amend should have been granted when no request to amend made, Rule 5A:18
0546234 Kraig Danielson, et al. v. Windswept Farm VA, LLC 05/28/2024
Judgment affirmed as trial court did not err granting default judgment against appellant; appellant failed to file an answer as ordered and failed to preserve challenges to trial court’s order, Rule 5A:18
0589233 Virgil Naff, Jr. v. Sara Lou Fackina 05/28/2024
Trial court did not abuse its discretion denying the motion to set aside the jury’s zero-dollar verdict; liability was admitted, but not causation or damages; jury instructions permitted a determination of a zero-dollar verdict and the verdict is supported by the evidence
0590233 Virgil Atlee Naff v. Sara Lou Fackina 05/28/2024
Trial court did not abuse its discretion denying the motion to set aside the jury’s zero-dollar verdict; liability was admitted, but not causation or damages; jury instructions permitted a determination of a zero-dollar verdict and the verdict is supported by the evidence
0797222 Kenneth P. Dubs, Sr. v. Thomas Mancuso 05/28/2024
Trial court did not err dismissing appellant’s appeal of the district court’s denial of motion to set aside a default judgment as not a final appealable order; trial court lacked subject matter jurisdiction and correctly dismissed the appeal; signature defect in appeal bond properly cured
0863234 Ernest Brant, et al. v. Sondra J. Schneider 05/28/2024
Trial court did not err denying appellants’ application under Rule 1:1A for attorney fees; Rule 1:1A permits, not mandates, a prevailing appellee’s recovery of appellate attorney fees and it is not an independent cause of action to recover attorney fees; trial court bound by Supreme Court’s decision to dismiss appellants’ motion for sanctions against appellee
1291233 Jennifer Lynn Williams v. Commonwealth of Virginia 05/28/2024
Trial court did not abuse its discretion admitting the certificate of analysis from appellant’s breath test; trooper substantially complied with Code § 18.2 268.9 even though appellant was not given a copy of the breath test results at time of the test
1660221 Elthon Valerio v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence sufficient to sustain appellant’s convictions of malicious wounding, use of a firearm in commission of a felony, and possession of a firearm by violent felon; evidence sufficient to overcome claim of self-defense and demonstrate malice; no abuse of discretion denying bail during pendency of the appeal
1768222 Ondria Samuel Hardeman v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding sufficient evidence for the jury to convict appellant of aggravated sexual battery; evidence of both actual and constructive force sufficient to support appellant’s conviction
1774222 Zavia Raymon Murphy v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding delays due to pandemic that did not involve intentional harm or negligence toward appellant were valid, unavoidable, and fully justified; trial court previously erred weighing delays caused by pandemic, assertion of right to speedy trial, and prejudice in appellant’s favor and dismissing the indictments on constitutional speedy trial grounds
1894222 Hussin F. Abed Ali, s/k/a Hussein Abed Ali v. Commonwealth of Virginia 05/28/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict of abduction and denying motion to suppress; harmless error admitting hearsay testimony by deputy; arguments regarding admission of interpreter’s statements, definition of personal liberty, and refusal to allow video recording of custodial interrogation waived, Rules 5A:18 and 5A:20
0026234 Steven E. Vivirito v. Anne Marie Vivirito 05/21/2024
Judgment affirmed as trial court did not err determining equitable distribution award for appellant’s retirement, amount owed to appellee, and attorney fees to appellee; having paid the amount owed and attorney fees, appellant waived those arguments; appellee entitled to award of appellate attorney fees and case remanded for determination; other argument waived, Rule 5A:20
0046231 Melvin Edgardo Molina-Ramos, s/k/a Melvin Edgar Molina-Romas v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of solicitation to commit murder, conspiracy to commit murder, gang participation, and accessary after the fact; no abuse of discretion admitting conviction orders to establish existence of a criminal street gang; other claim waived, Rule 5A:20(c)
0176232 Manuel Meza Guiterrez v. Perdue Farms, Inc., et al. 05/21/2024
No error in Commission’s finding that appellant failed to prove his fall arose out of his employment; any conclusion about the specific reason for the fall merely speculative
0258233 Julie Karole Garten v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding evidence sufficient to convict appellant of child endangerment; no abuse of discretion allowing cross-examination of appellant about prior involvement with Child Protective Services after door opened on direct examination; totality of conduct and circumstances sufficient to satisfy gross, wanton, and culpable standard of criminal negligence
0298232 Chrishawn Hickman, s/k/a Chrishawn Donnell Hickman v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress evidence; no violation of Fourth Amendment rights when police stopped his car, seized firearms inside, and retained car and firearms; arguments challenging stop and seizure of firearms waived; appellant failed to meet burden to invoke ends-of-justice exception, Rules 5A:18 and 5A:20
0476231 Willie Floyd, Jr. v. Commonwealth of Virginia 05/21/2024
Judgement affirmed as trial court did not err finding evidence sufficient for the jury to find premeditation and convict appellant of first-degree murder and use of a firearm; no abuse of discretion admitting evidence of his prior physical abuse of former girlfriend as relevant to motive; argument challenging admission of evidence as prior bad acts not preserved, Rule 5A:18
0537234 Mary Pat O'Brien v. Northern Virginia Community College/Commonwealth of Virginia 05/21/2024
No error in Commission denying appellant’s claim for benefits, finding that appellant failed to prove her injury arose out of her employment; appellant failed to meet her burden showing the Commission committed reversible error
0750232 James Albert Hartsfield v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding evidence sufficient to convict appellant of aggravated sexual battery; no abuse of discretion allowing testimony regarding an anatomical drawing and admitting documentation of the victim’s mental condition
0756232 Allan Johnson, Sr. v. Henrico Department of Social Services 05/21/2024
Trial court did not err terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2); no abuse of discretion finding evidence sufficient to prove appellant failed to remedy conditions which led to foster care placement within a reasonable time and that termination in best interest of the child
0820233 Stephen Millard v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding appellant remained a sexually violent predator; finding is supported by the totality of the record and expert opinion, Code § 37.2-910
0842232 Devin Oshea Jones v. Commonwealth of Virginia 05/21/2024
Trial court did not err denying appellant’s Batson challenge to Commonwealth’s use of two of its four peremptory strikes or finding appellant failed to establish a prima facie case of racial exclusion; Commonwealth provided race-neutral explanations for striking the two jurors; appellant’s conviction for possession or transportation of a firearm upheld
0866233 Richard Cori Harth, a/k/a Gabriella Anathema v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding appellant had intent to deprive his mother of the vehicle and evidence sufficient to convict appellant of carjacking; argument that trial court erred by excluding sanity evaluation at sentencing waived, Rule 5A:18
1557222 Rhonn Malique James v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of rape by means of physical helplessness; no abuse of discretion denying appellant’s proposed jury instructions; challenge to admission of expert testimony waived, Rule 5A:18
1608224 James Vega, et al. v. Katryn Naomi Vega, et al 05/21/2024
Trial court erred sustaining the plea in bar as trial court had jurisdiction to proceed with the adoption petition; plain language of Code § 63.2-1242.3 does not state failure to maintain continuous physical custody imposes an absolute legal bar; matter reversed for further proceedings
1790222 David M. Green v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not abuse its discretion granting Commonwealth’s motion in limine to exclude appellant’s proffered evidence relevant to necessity defense; evidence failed to establish more than a scintilla of evidence appellant reasonably feared an imminent threat of harm
1934222 Brady Andrew Reed v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of attempted strangulation and assault and battery of police officer; no abuse of discretion imposing sentence within statutory sentencing range and admitting evidence of prior fight to explain appellant’s injuries as probative value outweighed prejudice, Rule 5A:18
1947221 Brian David Crockett v. Commonwealth of Virginia 05/21/2024
Trial court did not err denying appellant’s motion to set aside verdict, finding evidence sufficient to prove appellant participated in a conspiracy, and for the jury to convict him of two counts of conspiracy to deliver a controlled substance to an inmate; totality of circumstances supports jury rejection of appellant’s hypotheses of innocence
0020234 Michael David Smail v. Commonwealth of Virginia 05/14/2024
Trial court abused its discretion convicting appellant of three counts of failure to appear; convictions reversed as no evidence of timely notice of September hearing date in the record
0098233 Timothy Alan Redman v. Roanoke City Department of Social Services 05/14/2024
Judgment affirmed as trial court did not err removing appellant’s child, placing child in the custody of the department of social services, and approving foster care plan with primary goals of relative placement and adoption; no error concluding child had been abused and neglected, finding reasonable efforts to prevent removal, and no less drastic alternative, Rule 5A:20(e)
0156233 Tracy Lynn Cline v. Roanoke City Department of Social Services 05/14/2024
Judgment affirmed as trial court did not err removing appellant’s child, placing child in the custody of the department of social services, and approving foster care plan with primary goals of relative placement and adoption; no error concluding child had been abused and neglected, finding reasonable efforts to prevent removal, and no less drastic alternative, Rule 5A:18
0234232 Willie Jackson Farley, III v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of aggravated malicious wounding, arson, burglary, and robbery; any error regarding jury instructions waived as not objected to at trial; ends of justice exception not applicable as the record contains overwhelming evidence of guilt and any error harmless, Rule 5A:18
0282231 Tony Curtis Spivey v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress; traffic stop supported by reasonable suspicion that appellant’s driver’s license was suspended; evidence established vehicle lawfully impounded, search and impoundment pursuant to standard police procedures, and search not pretextual in nature; other argument not preserved, Rule 5A:18
0311232 David Nielsen v. Tremblay & Smith, PLLC 05/14/2024
Trial court did not err finding appellee breached the legal services contract October 1, 2020 and appellant was not required to pay attorney fees after that date; unclean hands doctrine does not prevent appellee from collecting any attorney fees before October 1, 2020
0395231 Darrell Jamal Boyd v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding and domestic assault and battery; circumstantial evidence supports conclusion appellant assaulted victim and shot with intent to maim, disable, disfigure, or kill
0441232 Preston John Thomas Hamlin v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress evidence obtained after searching vehicle driven by appellant; no abuse of discretion admitting certificates of analysis for substances and firearms; arguments as to reasonable suspicion to detain and search exceeding scope of stop not preserved, Rules 5A:18 and 5A:20(e)
0598231 Tony Lamonte Brown v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient to identify appellant, prove malice, and convict him of attempted malicious wounding, use of a firearm, and carrying a concealed weapon; no error finding appellant failed to carry his burden to prove self-defense
0777231 Lewis Darnell Skinner, Jr. v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possession of a firearm by a violent felon and denying his motion to strike; evidence sufficient to prove appellant was aware of the firearm’s presence and that he constructively possessed the firearm
0924234 National Rural Electric Cooperative Association v. Arlington County 05/14/2024
Judgment affirmed as trial court did not err finding inverse condemnation claim barred by statute of limitations; claim trial court erred dismissing appellant’s claim for not complying with Code § 15.2 1247 as requirements did not apply or were moot not preserved for appeal; claim County estopped from asserting statute of limitations waived, Rules 5A:18 and 5A:20(e)
1074234 Hisham El-Hamayel v. Michelle El-Hamayel, n/k/a Michelle Abusada 05/14/2024
Judgment affirmed as trial court did not abuse its discretion amending appellant’s child support obligation; trial court did not impute additional income, but made a factual determination of income and was not required to explain why it deviated from presumptive guidelines; claims of error awarding appellee attorney fees and determining appellant’s income waived, Rule 5A:8
1239222 Jack Marshall Heverin v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of six counts of attempted aggravated murder of a law enforcement officer, use of a firearm, conspiracy to commit murder by mob, attempted burglary, and conspiracy to commit burglary and robbery; triggerman rule does not apply to attempted aggravated murder, Code § 18.2 18
1332232 Pamela Jean Labuda v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny; evidence sufficient to establish intent to permanently deprive
1564233 Michael Brumfield v. Commonwealth of Virginia 05/14/2024
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910
1709223 Suzanne E. Egolf v. First Citizens Bank & Trust Company, et al. 05/14/2024
Judgment affirmed as trial court did not err sustaining demurrers to appellant’s complaint and amended complaint seeking recission of a foreclosure sale and damages; given the combination of the incomplete record for review and insufficiency of appellant’s opening brief, arguments on appeal are waived, Rules 5A:8(b)(4)(ii) and 5A:20(e)
0071233 Ahmad Halim Mubdi v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of first-degree murder, use of a firearm, and possession of a firearm; no abuse of discretion admitting videos as they were properly authenticated by witnesses to the events; no abuse admitting statements in 911 call as they were nontestimonial in response to an ongoing emergency
0154233 Robert Lee Webb v. Commonwealth of Virginia 05/07/2024
Trial court did not abuse its discretion refusing appellant’s jury instruction addressing circumstantial evidence as the Commonwealth did not rely exclusively or substantially on circumstantial evidence; granted instructions fully and fairly covered the principles of law contained in the proffered instruction
0247231 Brandon Michael Expectacion v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to convict appellant of statutory burglary; evidence of appellant’s intent to commit larceny at the time of entry sufficient to support conviction
1049232 Terrell Malik Upson v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to deny motion to strike and for jury to convict appellant of possession of child pornography; evidence sufficient to prove appellant knowingly possessed images of child pornography on his phone
1407223 Ted Anthony Jennings, Jr. v. Commonwealth of Virginia 05/07/2024
Trial court did not err sentencing appellant to a two-year period of mandatory incarceration for possessing a firearm within ten years of being adjudicated delinquent of a non-violent felony offense; juvenile adjudication is a predicate offense under Code § 18.2-308.2(A)
1501222 Bryan Allen Pittman v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to convict appellant of three counts of aggravated sexual battery, two counts of sodomy, and two counts of object sexual penetration of a child under thirteen; victim’s testimony not inherently incredible; trial court did not err denying appellant’s motion to vacate the convictions based on discovery of new evidence
1696222 Heath Limuel Jones v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of unlawful wounding and destruction of property; evidence sufficient to demonstrate appellant possessed required intent and reject appellant’s proffered defense-of-others theory; no abuse of discretion refusing appellant’s jury instructions; other argument waived, Rule 5A:20
1784222 Jason Michael Bryant v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err refusing to strike a juror for cause; record supports trial court’s conclusion juror did not hold preconceived opinions or fixed biases he could not lay aside; argument juror’s presence on the jury undermined public’s confidence not preserved, Rule 5A:18
1895224 Darrin Mark Robertson v. Commonwealth of Virginia 05/07/2024
Petition for Rehearing granted
1960221 Gabriel Darius Ingram v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of rape; evidence sufficient to show sexual encounter nonconsensual; no abuse of discretion denying motion for mistrial due to alleged juror misconduct; claim evidence insufficient to show use of force, threat, or intimidation waived, Rule 5A:18
0082231 Alton Kasine Powers v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to deny appellant’s motion to strike and for the jury to convict appellant of first-degree murder, conspiracy to commit murder, and use of a firearm; ample circumstantial evidence for jury to infer that appellant and his two companions were acting in concert to fulfill an agreed and common plan to kill the victim
0161231 Brian Robert Lewis v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery, strangulation, and object sexual penetration; no abuse of discretion denying appellant’s motion to strike a juror for cause; sufficiency argument for assault and battery waived, challenges to other charges not preserved, Rules 5A:18 and 20(e)
0363233 Will Lee Carter v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release under Code § 37.2-910; appellant’s argument insufficient to show how the SVPA provisions are unconstitutional as applied to appellant; appellant failed to preserve other arguments, Rules 5A:18 and 20
0494233 James Wallace Plecker v. Commonwealth of Virginia 04/30/2024
Trial court did not err suspending eight years of appellant’s twenty-year sentence for an indefinite period conditioned upon indefinite supervised probation; no violation of Code § 19.2 303; no abuse of discretion as sentence does not exceed maximum imprisonment penalty
0751233 Jaquan Wanya Carter v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted felon and carrying a concealed weapon; totality of circumstances supported trial court’s finding appellant was aware of the presence and character of the firearm and exercised dominion and control
1888224 Rigoberto Rodriguez v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of first-degree murder as principal in the second degree and use of a firearm; any error denying pretrial motions to suppress harmless as evidence cumulative; no abuse of discretion denying motion to sever charges as offenses were connected under Rule 3A:6(b)
1929223 Jason Edward Via v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to convict appellant of felony eluding; record supports appellant could have seen flashing emergency lights; his speed evidenced willful and wanton disregard of officer’s signals to stop, endangering himself and others; conviction of obstruction of justice reversed, error to find evidence sufficient under Code § 18.2 460
1939224 McDonnell Landscaping, Inc. v. The County Board of Arlington County, Virginia 04/30/2024
Trial court did not err finding appellant failed to comply with Code § 15.2 1246, that appellant was required to provide the notice of appeal and bond within 30 days of disallowance, and that notice of disallowance sent by the County Board was sufficient to trigger the 30-day deadline; notice of appeal and bond provisions are jurisdictional
0198232 Darrell Vincent Dunkum v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of two counts of assault and battery of police officers and two counts of brandishing a firearm; evidence ample to support finding the officers’ apprehension was reasonable
0269232 Stephen Paul Rabender, Jr. v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny and denying his motion to strike; no abuse of discretion admitting court document found in the stolen vehicle and overruling appellant’s objection to continuing larceny jury instruction
0421234 Michael Lyons v. Mostapha El Jlailati 04/23/2024
Trial court did not abuse its discretion refusing to admit appellant’s medical bills as evidence of economic damages based solely on appellant’s testimony; trial court did not err allowing the medical bills to show pain and suffering; appellant failed to lay the proper foundation through expert testimony required to admit medical bills to show economic damages
0422234 Latrice Curtis v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of child cruelty, child neglect, and assault and battery upon a family member; no abuse of discretion in the trial court admitting a recorded forensic interview of child victim under hearsay exception provided in Code § 19.2 268.3(B)
0610233 Mark A. Miller, et al. v. W. Derek Malcolm 04/23/2024
Trial court did not err sustaining appellee’s demurrer to appellants’ claim for legal malpractice; appellants failed to plead facts sufficient to show appellee’s failure to discover and disclose gas lease was proximate cause of any harm; appellants had actual notice of lease and gas well before purchase; as plead, proximate cause of harm was appellants’ failure to do more due diligence
0758233 Nancy G. Cook, et al. v. Leon H. Greene, Jr. 04/23/2024
Judgment affirmed as trial court did not abuse its discretion awarding partition in kind of real property; evidence sufficient to show division in kind possible; no abuse to qualify appellee’s appraiser as an expert witness; claim of error for failure to order additional appraisal not preserved, Rule 5A:18; matter remanded for proceedings consistent with trial court’s ruling
0794231 Warren Anthony Winstead v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery, strangulation, and wounding in commission of a felony; victim’s testimony, supported by photographs and medical documentation, sufficient to sustain convictions
1023233 Omar Rodriguez-Guevara v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of two counts of second-degree murder, two counts of use of a firearm, shooting into an occupied dwelling, and arson; no error rejecting appellant’s version of events
1132221 Rasheem Watts v. Commonwealth of Virginia 04/23/2024
Petition for Rehearing En Banc granted
1252233 Brian Walter Martin v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of feloniously eluding police; evidence proved appellant’s manner of driving imperiled himself and the officer
1276222 Linda Heath v. The Estate of Louise T. Heath, Deceased 04/23/2024
Trial court erred sustaining appellee’s demurrer to appellant’s claim for adverse possession; court erred determining appellant’s letter was unambiguous and finding allegations in her complaint were insufficient to state a cause of action; judgment reversed and matter remanded for further proceedings
1362224 David A. Renberg v. Julia Renberg 04/23/2024
Trial court erred entering a qualifying court order dividing appellant’s military pension not required by the divorce decree or separation agreement; the QCO modified the substantive terms of the divorce decree and the trial court was without jurisdiction to enter it under Rule 1:1; judgment reversed and QCO and appellee’s attorney fees vacated
1535221 Linda F. Green v. Bri'Anne Shervonne Green 04/23/2024
Trial court erred finding no material facts in dispute, entering summary judgment in appellee’s favor, and dismissing appellant’s complaint seeking reformation of the deed of gift; deed of gift’s description of conveyed property is ambiguous; judgment reversed and matter remanded for further proceedings
1574224 Ahmad Azamy v. Icon Finance, LLC 04/23/2024
Trial court did not err finding a valid loan agreement between the parties; appellant’s loan agreement with appellee not void and unenforceable as a gaming contract; no abuse of discretion finding contract not void for an unreasonable rate of interest as loan was made for business or investment purposes and greater than $5,000, Code § 6.2-317
1610222 James Abriel Gushwa v. Commonwealth of Virginia 04/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of rape; no abuse of discretion refusing to grant motion for mistrial and in denying appellant’s motion for admission of rape shield evidence as victim’s statements at issue were irrelevant and inadmissible
1642222 James Wesley Joplin, Sr. v. Terae Brenzell Harris 04/23/2024
Trial court erred dismissing appellant’s suit with prejudice; error admitting unexecuted release as it constituted improper parol evidence to prove content of illegible document; judgment reversed as record contains no enforceable settlement agreement; matter remanded for further proceedings
1842224 Ivonee Cedeno v. For Every Body, LLC, et al. 04/23/2024
Judgment affirmed as trial court did not abuse its discretion vacating a default judgment against appellee as void ab initio for lack of personal jurisdiction; any error finding P&C had standing to challenge the default judgment harmless; no abuse of discretion dismissing appellant’s case with prejudice for untimely service of process instead of granting appellant’s motion for a nonsuit
1995221 Kenneth Charles Alvin v. Commonwealth of Virginia 04/23/2024
Trial court did not err denying appellant’s suppression motion; totality of the circumstances support trial court’s conclusion the officer had objective reasonable suspicion to investigate whether appellant lawfully possessed the concealed firearm; matter remanded to correct clerical error in the sentencing order
0180232 William Harry Roberts v. Commonwealth of Virginia 04/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of attempted murder, robbery, and abduction; no abuse of discretion admitting into evidence appellant’s recorded jailhouse call and recording of the 911 call; impeachment evidence from the 911 call exculpatory and disclosed as soon as prosecution had the recording
0241233 Rayquon Amod Stone v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of conspiracy to distribute a Schedule III drug and conspiracy to deliver drugs to an inmate; appellant’s other claims are waived, Rules 5A:18 and 5A:20(c)
0312231 Anthony McFadden v. Commonwealth of Virginia 04/16/2024
Trial court abused its discretion by applying incorrect standard for expungement under Code § 19.2 392.2(A); error to require appellant to prove a direct connection between employment difficulties and his unexpunged charge; reversed and remanded for trial court to consider if appellant faces a reasonable possibility of manifest injustice because of unexpunged charge
0491234 LaVonnia Brown, et al. v. Sharon Johnson, et al. 04/16/2024
Trial court did not err finding the will that created a life estate did not create a remainder interest in appellants and finding appellee used the house as her personal residence; a personal residence need not be a primary or principal home or the sole or exclusive place where one resides
0507234 Tolga Burak Aksoy, et al. v. In Stock Today Cabinets, LLC 04/16/2024
Trial court did not err denying appellants’ motion to set aside a jury verdict on appellee’s claims for fraud and breach of duty of loyalty, and denying appellants’ motion for remittitur of jury award of punitive damages; evidence sufficient to prove misrepresentation of a material fact, breach of a fiduciary duty of loyalty, and that appellee incurred damages
0519222 Paul Allen Marshall v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as no error finding evidence sufficient for jury to convict of attempted murder, aggravated malicious wounding, strangulation, abduction, and use of a firearm; no violation of speedy trial or Miranda rights; no abuse of discretion in sentencing, and denying motions to strike certain jurors, for expert witness, and for ex-parte hearing, Rule 5A:18
1412222 Kevin Lamont Jones, Jr. v. Commonwealth of Virginia 04/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding; evidence proved appellant caused bodily injury to victim with requisite intent; no abuse of discretion overruling appellant’s objection to inconsistent statements jury instruction or denying motion for a mistrial
1429224 Elwood Lewis Thomas v. Commonwealth of Virginia 04/16/2024
Petition for Rehearing En Banc granted
1546222 Ieuan Rhys Phillips v. Commonwealth of Virginia 04/16/2024
Trial court did not err overruling appellant’s motion to strike; verdict of the jury convicting appellant of rape supported by evidence; no abuse of discretion overruling appellant’s Batson motion or admitting expert witness testimony
1619222 Noure's LLC v. S & M Convenience Deli, LLC, et al. 04/16/2024
Trial court did not abuse its discretion in refusing to set aside dismissal of appeal from general district court judgment and refusing to reopen the case when neither party appeared on the trial date, Code § 16.1 106.1(D)
1683224 Quick Desings, LLC v. Iva Sakic Nolan 04/16/2024
Trial court did not err on motion for summary judgment finding appellee’s business was the proper party to the contract and not appellee; no error dismissing appellant’s counterclaim as appellee not a party to asset purchase agreement and cannot sue or be sued individually
1788233 Commonwealth of Virginia v. Benjamin Carter 04/16/2024
Trial court erred granting appellee’s motion to dismiss the indictment based on a claim of double jeopardy; appellee had not already been placed in jeopardy for the same offense; assault and battery and aggravated malicious wounding are not the same offense and require proof of different elements; ruling reversed and remanded to trial court for further proceedings
1895224 Darrin Mark Robertson v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as trial court did not err overruling appellant’s objection to testimony; any error overruling objection to hearsay testimony is harmless error, given overwhelming evidence identifying appellant; appeal of conviction for attempted unlawful creation of another’s image dismissed as notice of appeal not filed timely, Rule 5A:6
1958224 Dan Shannon v. Curtis O. Smalls, II, s/k/a Tony Smalls 04/16/2024
Trial court erred holding appellant had burden of proving payments of money to appellee were a loan and finding payments to appellee were gifts; court erred denying appellant’s motion to reconsider; judgment reversed, order vacated, and matter remanded for court to consider all of the evidence and exhibits in the record, and for further proceedings including attorney fees
0032231 Bruce Antoine Roane v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant’s motion to suppress and finding evidence sufficient for the jury to convict appellant of possession of a firearm as a violent felon; no abuse of discretion overruling appellant’s objection to a proffered jury instruction defining the term firearm
0041232 Benjamin J. Brown v. Stephanie N. Brown 04/09/2024
Trial court did not err ordering appellant to reimburse appellee for one-half of the reduction of his student loan balance and finding appellant not entitled to any part of appellee’s 401(k) account; ruling that required appellant to reimburse appellee for tax liability reversed and remanded for further proceedings
0051232 Dawn Monroe v. Mary Washington Healthcare 04/09/2024
Trial court did not err dismissing appellant’s personal injury action with prejudice; no abuse of discretion denying appellant’s motion to add an additional party; appellant filed suit against the wrong entity by misjoinder, not misnomer
0054233 Keisha Bailey v. Coretta Thurman 04/09/2024
Trial court did not err dismissing appellant’s petition for relief from unlawful exclusion; appellant failed to establish she was a tenant with rights under a lease agreement, and that without authority of the court, she was unlawfully excluded, Code § 55.1-1243.1
0517233 Jorge Cruz v. Commonwealth of Virginia 04/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery on a law enforcement officer; no abuse of discretion refusing to suppress post-assault behavior of the appellant as relevant and probative of his intent to commit the assault
0993231 Larry Booker v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of felony eluding; evidence sufficient to rebut appellant’s affirmative defense assertion and alternate hypotheses of innocence
1360222 Rasheed Antoine Johnson v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant’s motion to suppress; discovery of the firearm with other circumstances of the stop warranted a protective sweep of the car and officers did not prolong traffic stop
1374223 Amy Lynn Childress v. Jimmie Dewitt Childress, III 04/09/2024
Judgment affirmed as trial court did not err ordering custody and visitation matters remain in juvenile court; any error appointing guardian ad litem and committee for appellant during the proceedings harmless and no violation of due process; challenges to the equitable distribution award and support award waived and good cause exception does not apply, Rule 5A:18
1567224 Fred Harris, Jr., et al. v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding appellants’ dogs had been mistreated and therefore forfeited to the care of an animal shelter; any error denying motion for a bill of particulars harmless; no error denying motion to suppress; motion to dismiss for violations of due process and necessity for separate ruling claims barred, Rule 5A:18
1578222 Larry D. Greene, s/k/a Larry Demetric Greene v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of arson; appellant’s failure to make adequate proffer of excluded photograph and witness testimony precludes review of trial court’s decision; assertion of constitutional violation denying presentation of evidence not preserved, Rule 5A:18
1653222 David Alexander Harris v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of all charges; no abuse in discretion admitting incoming text messages recovered from appellant’s cellphones and declining to admit co-defendant’s guilty plea; appellant’s argument text messages should be analyzed individually defaulted, Rule 5A:18
1664223 Jeuan Fontai Ward v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of two counts of distributing cocaine; no error denying motion to set aside the verdict alleging speedy trial violation; no abuse of discretion denying motion to dismiss based on chain of custody; allegations regarding in-court identification waived, Rules 5A:18 and 5A:20
1746223 Dwayne Lee White v. Commonwealth of Virginia 04/09/2024
Trial court did not abuse its discretion admitting evidence of appellant’s prior criminal conduct during jury trial for first-degree murder; evidence of appellant’s prior violent crimes against the victim relevant in determining state of mind at the time of the shooting and persistent conduct toward the victim; prejudicial effect did not substantially outweigh probative value
1762223 Robin Michelle Nester v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant’s motion to strike and finding evidence sufficient to convict appellant of robbery and malicious wounding as a principle in the second degree; no abuse of discretion admitting call logs and text messages between appellant and her daughter; daughter’s statements were not offered for the truth of the assertions and not hearsay
1937223 Jonathan Lebron v. Commonwealth of Virginia 04/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant as appellant’s actions demonstrated he approved of the plan and aided and abetted the actual perpetrator; no abuse of discretion denying appellant’s motion to exclude witness testimony for a discovery violation as Commonwealth complied with discovery obligations
0052231 Milton Franklin Mizell v. Commonwealth of Virgnia 04/02/2024
Trial court did not err finding sufficient evidence to convict appellant of aggravated malicious wounding and abduction; the evidence of violence and brutality allowed the inference of the intent to maim, disfigure, disable or kill and the actions resulted in permanent and significant injury; case remanded to correct a clerical error in the sentencing order
0185234 Sobia Ahmed v. Imperial Auto, LLC 04/02/2024
Trial court did not err awarding appellee damages for breach of contract as evidence sufficient to support judgment; matter remanded to trial court to set a reasonable award of attorney’s fees incurred by appellee during this appeal
0704221 Anthonette Jasco v. Vann-Virginia Center for Orthopaedics, P.C., etc. 04/02/2024
Trial court did not err setting aside the jury verdict; insufficient evidence to support finding appellees proximately caused infection; trial court abused its discretion assigning a $50,000 figure to the damage award; no abuse of discretion permitting expert witness to testify on causation and damages; remittitur reversed and case remanded for a retrial on damages
1035233 Vaylene Michelle Arnett v. Henry-Martinsville Department of Social Services 04/02/2024
Trial court did not err finding termination was in the best interest of the child and that appellee made reasonable and appropriate efforts to remedy conditions leading to child’s placement in foster care, Code § 16.1-283(C)(2)
1325222 Antonio Lorenzo Biggs v. Commonwealth of Virginia 04/02/2024
Judgment affirmed as trial court did not abuse its discretion denying appellant’s motion for continuance and allowing trial to proceed in his absence; cannot reach merits of the argument trial court erred denying motion to withdraw as record lacks transcript indispensable to resolve, Rule 5A:8(b)(4)(ii)
1361222 Lanalee Z. Buziak v. Jeffrey J. Buziak 04/02/2024
Trial court did not abuse its discretion in determining the child support arrearages as evidence sufficient to support calculation; trial court did err failing to award interest for the arrearages pursuant to Code § 20 78.2 and denying appellant’s motion for reconsideration on that issue; matter affirmed in part, reversed in part, and remanded to calculate interest owed
1423224 Integrated Composite Construction Systems, LLC, etc. v. Premier UHPC, LLC 04/02/2024
Judgment affirmed as trial court did not err admitting two invoices offered by appellee and awarding appellee damages for unjust enrichment; parol evidence rule not applicable to subsequent verbal agreement; arguments defaulted on claims of wrongful denial of motions for summary judgment, motion to strike, and recovery preclusion, Rules 5A:8 and 5A:18
1616222 Gary Allen Germain, Jr. v. Commonwealth of Virginia 04/02/2024
Judgment affirmed as trial court did not abuse its discretion revoking three years of appellant’s suspended sentences; assignment of error that appellant was sentenced to active incarceration instead of having entirety of suspended sentence resuspended and allowing completion of substance abuse treatment procedurally defaulted, Rule 5A:18
2000223 JaQuez Brown v. Commonwealth of Virginia 04/02/2024
Trial court did not err finding evidence sufficient to sustain appellant’s convictions for first-degree murder, attempted robbery, and use of a firearm; totality of the evidence sufficient to sustain challenged convictions; matter remanded for correction of clerical errors in the sentencing order
1404232 Commonwealth of Virginia v. Sean Holmes, s/k/a Sean Jefferson Holmes 03/27/2024
Trial court erred declaring Code § 37.2-429 to be unconstitutional on its face; lack of mens rea in text of statute is no ground for holding the statute unconstitutional; facts do not demonstrate statute is over broad or vague as applied to appellee; order dismissing charge against appellee under Code § 37.2-429 is vacated and the case remanded for further proceedings
0074233 Michelle Dawn Morris, etc. v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of distribution of methamphetamine and possession with intent to distribute and denying appellant’s motion to return seized funds; no abuse of discretion admitting the certificates of analysis; appellant failed to preserve arguments concerning the motion to suppress, Rule 5A:18
0134232 Cynthia Ann Brown v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as appellant waived her objection to the Commonwealth’s introduction of forged checks by using them affirmatively in her case-in-chief to develop her defense
0135233 Todd Emanuel Manns v. Commonwealth of Virginia 03/26/2024
Trial court did not err denying appellant’s motion to set aside the jury verdicts for first-degree murder and use of a firearm; there was ample evidence from which the jury could find appellant intentionally killed the victim with a firearm
0307233 Blake Austin Carpenter v. Commonwealth of Virginia 03/26/2024
Trial court did not err denying appellant’s motion to strike on the grounds the victim’s testimony was inherently incredible; substantial evidence corroborated the victim’s testimony, allowing the jury to convict appellant of forcible sodomy and object sexual penetration
0343234 Rush Jack Samuel Holt, III v. Commonwealth of Virginia 03/26/2024
Trial court did not abuse its discretion admitting testimony regarding the content of letters received from two minors at his probation violation hearing as the letters were not testimonial in nature and did not violate appellant’s due process right of confrontation
0365233 Gerardo Diaz Santana Mieles v. Commonwealth of Virginia 03/26/2024
Trial court did not abuse its discretion admitting pawn shop receipt; receipt was relevant as identity of perpetrator was at issue; case remanded to correct clerical error in sentencing order
0437233 Timothy Wayne Drake v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress; any error admitting contested evidence was harmless error as there was ample evidence establishing probable cause
0478233 Zachary Cooper, Sr. v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not abuse its discretion dismissing appellant’s complaint with prejudice; no error sustaining Commonwealth’s demurrer; several claims procedurally barred as appellant did not make these arguments before the trial court, Rule 5A:18
0483233 Tammy Wollam, Administrator of the Estate of Douglas Allen Hicks, Sr. v. ACV, Inc. 03/26/2024
Trial court did not abuse its discretion allowing the use of the unsuccessful outcome jury instruction; the instruction was a correct statement of Virginia law tailored to the individual parties and procedure at issue
0591224 Doroteo Diaz Martinez v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder as a principal in the second degree and criminal street gang participation; no abuse of discretion denying appellant’s jury instruction regarding uncorroborated accomplice testimony where facts presented sufficient to corroborate testimony
0916233 Johnny Winston Swain, etc. v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict appellant of knowingly receiving stolen goods; testimony and photos established appellant received the victim’s boat with knowledge of the theft and dishonest intent
1168222 Jorge Alfredo Fernandez-Hernandez v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict for transporting cocaine with intent to distribute, possession of fentanyl and cocaine with intent to distribute, and conspiracy; appellant acted as principal in the second degree to transporting illegal drugs by accepting delivery of the drugs; venue proper in Chesterfield County
1747224 Valthea Courtney Fry v. David Sosnowski 03/26/2024
Judgment affirmed in part as trial court did not abuse its discretion ordering supervised visitation pending outcome of appellant’s evaluation; no error finding appellant’s coaching of daughter and interfering with daughter’s school and medical providers; error delegating authority to father and counselor to determine visitation rights, reversed in part and remanded, Rule 5A:18
1761221 Miquel Sirmir Johnston v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of voluntary manslaughter, assault and battery of a family member, and unlawfully shooting into an occupied dwelling; record supports jury determination appellant was not acting in self-defense; no abuse of discretion refusing one of appellant’s proffered jury instructions as repetitious
1951222 David Joshua Wood v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict appellant for driving while intoxicated and driving on a revoked license; evidence adequately proved appellant was driver of the vehicle; no abuse of discretion admitting a certificate of analysis to prove level of intoxication as evidence supports finding appellant operated the car within three hours of arrest
0034233 Chad Edward Hodges v. Commonwealth of Virginia 03/19/2024
Trial court did not err finding evidence sufficient to sustain a conviction for possession of fentanyl; evidence sufficient to conclude constructive possession as appellant was aware of the drugs and that they were subject to his dominion and control
0097233 Efrem Dantel Holmes, Jr., s/k/a Efrem Danteel Holmes v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not abuse its discretion granting the Commonwealth’s permissive-inference instruction or admitting expert testimony regarding strangulation; the claim the trial court erred by failing to sustain appellant’s objection to Commonwealth’s argument at sentencing defaulted by appellant’s failure to request relief in the trial court
0105232 Johnathan Andrew Harris v. Commonwealth of Virginia 03/19/2024
Trial court did not err convicting appellant of misdemeanor shoplifting, providing a false identity and felony conspiracy to shoplift; circumstantial evidence was sufficient to prove appellant and his companions agreed to shoplift, conspiring to commit larceny involving goods worth $1,000 or more
0127234 Norman Alberto Gutierrez v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence was sufficient for the jury to convict appellant of aggravated sexual battery and rape; no abuse of discretion allowing jury to rehear oral translation of text messages during deliberations; appellant failed to preserve issues of expert translation of the text messages, Rule 5A:18
0194231 Kimberly Price Burch, etc. v. Jeff Sensenig, D.O., et al. 03/19/2024
Judgment affirmed as trial court did not err allowing testimony of possible complications from surgery in a medical malpractice claim; trial court did not abuse its discretion in refusing a cumulative empty chair instruction, granting mere happening instructions, or in excluding certain raw statistical evidence; appellant failed to proffer excluded testimony
0445232 Roy Black v. C. T. Woody, Jr., et al. 03/19/2024
For reasons appearing to the Court, the opinion issued today is withdrawn.
0559221 Wesley Paul Hadsell v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder and concealing a dead body as evidence sufficient to prove premeditation; no abuse of discretion denying motion to set aside the jury’s verdict; claim trial court erred denying appellant’s motion to suppress evidence is waived, Rule 5A:8(a)
0927233 Tamaine Montae Davis v. Commonwealth of Virginia 03/19/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possessing a firearm after having been convicted of a felony
1096221 Jacob Alexander Meadows v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant guilty of indirect contempt; totality of circumstances of specific evidence supports finding appellant intentionally provoked victim’s family member; arguments appellant did not disrupt administration of justice and final sentencing order invalid not preserved, Rule 5A:18
1132221 Rasheem Watts v. Commonwealth of Virginia 03/19/2024
Trial court abused its discretion ruling appellant’s failure to follow probation officer’s special instructions was not a technical violation of probation under Code § 19.2 306.1; written sentencing orders did not impose special gang-related probation conditions; judgment reversed and remanded for resentencing
1212221 Jeremy Toddy Pettway v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder, use of a firearm, and maliciously shooting into an occupied dwelling; no error instructing jury on concert of action; arguments trial court erred not excluding text messages and granting motion to limit evidence not preserved, Rule 5A:18
1461221 Angela M. Greene v. City of Portsmouth, et al. 03/19/2024
Judgment affirmed as trial court did not err dismissing appellant’s claims against all appellees, except Blount, for failure to allege facts sufficient to establish a cause of action; judgment reversed only as to Blount, claims against Blount for tortious interference and defamation per se are reinstated and matter remanded for further proceedings, Rule 5A:20(e)
1783221 Micah Isaiah Ramirez v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of all charges; argument as to sufficiency of evidence not preserved and the ends of justice exception inapplicable; manifest injustice will not result by applying Rule 5A:18
1808222 Aaron Michael Easter v. Commonwealth of Virginia 03/19/2024
Trial court did not err denying appellant’s motion to strike; evidence supports finding Commonwealth presented a prima facie case for malicious wounding
1859221 Brandon Gary Harvell v. Commonwealth of Virginia 03/19/2024
Trial court erred denying appellant’s motion to suppress; officer did not have requisite probable cause to search the vehicle; trial court’s judgment reversed and remanded to allow appellant to withdraw his guilty plea and proceed to trial if the Commonwealth is so advised
0123234 Therese Harmon, as trustee, etc. v. Wind Fields Farm, LLC, et al. 03/12/2024
Trial court did not err sustaining appellees’ demurrer and dismissing appellant’s amended complaint alleging a derivative cause of action; appellant’s amended complaint failed to state a claim for fraudulent conveyance as no evidence appellees intended to hinder, delay, or defraud, Code § 55.1-400
0254232 Elliot Emmanuel White, a/k/a Elliott Emmanuel White v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of three counts of aggravated sexual battery; victim’s delay in reporting the offenses did not make her testimony inherently incredible
0765222 Danny Lee Huffman v. Commonwealth of Virginia 03/12/2024
Judgment affirmed as trial court did not abuse its discretion rejecting appellant’s imperfect self-defense instruction; no abuse denying admission of evidence of the victims’ character and prior convictions at trial and as rebuttal evidence at sentencing; arguments relating to admission of certain factual testimony not preserved, Rule 5A:18
0878222 Tori Nichole Jackson-Hope, s/k/a Tori Jackson Hope v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence sufficient to prove appellant willfully neglected the victim; evidence of the victim’s drastic weight loss, burns, and numerous untreated fractures sufficient to reject appellant’s testimony and find she willfully neglected the victim, Code § 18.2 369(B)
1295221 Lamont Johnson v. Commonwealth of Virginia 03/12/2024
Trial court did not err denying appellant’s motions to suppress statements made to police as his statements were voluntarily made and he did not unequivocally invoke his right to remain silent; no error denying appellant’s motion to strike as evidence sufficient proved the corpus delicti for all his convictions
1429224 Elwood Lewis Thomas v. Commonwealth of Virginia 03/12/2024
Trial court erred not suppressing appellant’s incriminating statements as waiver of Miranda rights was not voluntary when probation officer instructed him to speak with officers; no abuse of discretion sentencing appellant on aggravated sexual battery convictions arising from guilty pleas or allowing expert testimony; jury convictions reversed and remanded
1476221 Larry James Baker v. Vicky Sue Baker 03/12/2024
Trial court abused its discretion imputing appellant’s entire pre-retirement income to him and denying his motion to reduce or eliminate his spousal support obligation; matter reversed and remanded
1825221 Linwood Scott, Jr. v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence was sufficient for the jury to convict appellant of burglary, rape, and abduction with intent to defile; evidence, including DNA evidence, allowed a rational factfinder to conclude appellant was victim’s assailant
1906221 Keyon Leroy Cherry v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence to support appellant’s convictions for possessing a firearm having been previously convicted of a felony, possessing cocaine, and possessing a firearm while possessing a controlled substance; no error to deny motion to suppress as police had reasonable suspicion to stop vehicle in which appellant was a passenger
1940224 Gregory Youst v. Buffalo Wing Factory, Inc., et al. 03/12/2024
Trial court did not abuse its discretion failing to grant appellant’s motion to continue hearing on appellees’ pleas in bar until after the hearing on appellant’s motion to substitute the correct defendant; appellant’s motion to substitute was not before the court
0022231 Shakeem Laquan Bryant v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder and use of a firearm; evidence in the record permitted a rational jury to conclude appellant acted with malice and premeditation, and without justification
0048231 Richard Lonny Carmack, Jr. v. Commonwealth of Virginia 03/05/2024
Trial court did not err denying appellant’s motion to strike for lack of venue; the unlawful act of accosting, enticing, or soliciting a minor to produce child pornography occurs not only wherever the message is sent but also wherever it is received, Code § 18.2-374.1(E)
0086233 Stanley Wayne Martin v. Commonwealth of Virginia 03/05/2024
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-900
0222233 Jeremiah Henderson v. Austin K. McClain 03/05/2024
Trial court did not err granting appellee’s plea in bar on grounds of res judicata and finding federal court could have exercised supplemental jurisdiction over appellant’s state law claims; no error finding sufficient evidence of a final judgment in federal court to sustain a plea in bar; no abuse of discretion denying appellant’s demand for jury trial on the plea in bar
0310234 Robert Shu-Fan Kao v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not abuse its discretion finding sufficient chain of custody to admit a gas can and its contents; no abuse of discretion admitting evidence of appellant’s prior bad acts as relevant to the charges, and the probative value exceeded the incidental prejudice; appellant failed to preserve chain of custody objection to the odor of gas, Rule 5A:18
1252221 Steve L. Washington v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of contempt of court for failure to appear; appellant failed to preserve Code § 18.2 456 notice argument, Rule 5A:18
1345222 Nathanael Zechariah Faust v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err allowing victim’s extrajudicial statement; no abuse of discretion denying motion to strike a juror for cause and allowing expert testimony; insufficient record to determine jury instruction claim; claim that evidence insufficient for jury to convict appellant of attempted rape and five counts of aggravated sexual battery waived, Rule 5A:18
1409221 Jamie Jamar Heyward v. Commonwealth of Virginia 03/05/2024
The trial court did not err denying appellant’s suppression motions and upholding his convictions; protective sweep exception to warrantless entries did not apply; appellant failed to make a preliminary showing of intent to deceive or recklessness in omission of material information sufficient to warrant a Franks hearing on the search warrant
1502222 Terrance M. Underwood v. Velocity Construction of Virginia, Inc., et al. 03/05/2024
Commission did not err finding appellant was partially disabled and not under an open award; appellant had the burden to prove he was entitled to a new award of temporary total disability benefits and presented no evidence he had marketed his residual work capacity after termination; post-termination reinstatement of award of benefits vacated
1592221 David Brand Midgett v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding evidence sufficient to convict appellant of using a communication system in violation of Code § 18.2 374.3; evidence sufficient to prove appellant communicated for the purpose of proposing the victim send a photograph of victim’s sexual or genital parts
1633224 Luka Kartozia v. Commonwealth of Virginia 03/05/2024
Trial court abused its discretion refusing to instruct the jury on the claim of right defense to trespass; more than a scintilla of evidence supported appellant’s claim he had a bona fide belief he was rightfully on the property; trial court’s judgment reversed, appellant’s trespass conviction vacated, and matter remanded for retrial if Commonwealth be so advised
1809221 Rita Lashawn Hargrove v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding sufficient evidence to convict appellant of malicious wounding and use of a firearm; appellant’s intentional acts sufficient to prove appellant acted with malice and failed to establish a self-defense claim
1938224 Jeremiah Larenz Mouzon v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of aggravated malicious wounding; evidence permitted jury to infer victim’s gunshot wounds were severe, causing permanent and significant impairment; appellant failed to preserve argument that a portion of his text messages were inadmissible, Rule 5A:18
1941222 Emerson Alexis Deras-Castro v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not abuse its discretion partially denying appellant’s pretrial motion in limine to exclude certain evidence relating to gangs and gang-related material; any error in the trial court’s ruling was harmless error; appellant opened the door to bringing in rebuttal testimony about appellant’s gang involvement
1946221 Clevester Antoine Lucas v. Commonwealth of Virginia 03/05/2024
Trial court did not err denying appellant’s renewed motion to strike; overwhelming evidence more than sufficient to prove appellant committed the bank robbery and to find appellant guilty for each charged offence
1953221 Michael Anthony Hollomon, Jr. v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted felon; evidence demonstrated appellant was aware of the character and nature of the firearm, had unrestricted access to the firearm, and it was subject to his dominion and control
0110233 Timothy Lee Coles v. Commonwealth of Virginia 02/27/2024
Trial court did not err admitting unavailable witness’ statements and finding evidence sufficient to establish appellant possessed the firearm and cocaine; statements were properly authenticated and evidence supports trial court’s finding the witness was unavailable due to appellant’s wrongdoing
0191233 William Rhett Viar Brown v. Commonwealth of Virginia 02/27/2024
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding; no error rejecting appellant’s self-defense claim where appellant initiated the attack, failed to retreat, and used excessive force
0674222 Norfolk District Associates, LLC v. The City of Norfolk, et al. 02/27/2024
Trial court did not err sustaining appellees’ demurrers and dismissing appellant’s complaint; appellees had no enforceable casino-related obligations to appellant and casino gaming is not a permitted use under the lease; breach of contract claim based on an unenforceable agreement to agree
1156223 Alvaro Antonio Fernandez v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of multiple counts of sodomy and aggravated sexual battery of a child; no abuse of discretion allowing evidence of prior sexual encounter between appellant and another minor; any error harmless as additional testimony cumulative and appellant failed to object
1575222 Corey Fleming, a/k/a Corey Conway Fleming v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding identification evidence sufficient to convict appellant of felony eluding; no abuse of sentencing discretion; argument regarding absence of endangerment defaulted, Rule 5A:18
1595223 Dianna Drane v. Jessica Pantana 02/27/2024
Judgment affirmed as no error denying appellant’s motion to set aside verdict without a hearing; no abuse of discretion permitting appellee to assert a contributory negligence defense or allowing contributory negligence jury instructions; arguments waived that trial court erred failing to give finding instructions and overruling objections to defense expert’s testimony, Rule 5A:18
1663221 Keith Antonio Riddick v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of abduction, assault and battery, and assault and battery of a family member; argument that victim’s testimony not credible was not preserved and ends of justice exception does not apply, Rule 5A:18
1745221 James Douglas Webb v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress evidence; articulable facts supported a reasonable suspicion appellant, as driver of the truck, engaged in sale of narcotics; arguments that the searches of his vehicle and person were unlawful waived, Rule 5A:18
1766221 Anthony Tyrone Reese v. Commonwealth of Virginia 02/27/2024
Trial court did not abuse its discretion denying motion to dismiss revocation of appellant’s suspended sentence; trial court possessed subject matter jurisdiction over revocation and active jurisdiction to find a violation, revoke suspended sentence, and order him to serve a portion; five year cap on supervised probation in Code § 19.2 303 does not apply retroactively
1782222 Keith Alan Bradshaw v. Estate of Thomas Owens 02/27/2024
Trial court did not abuse its discretion awarding reasonable fees and costs from the corpus of trust funds; appellant’s assignment of error preserved for appeal as appellant denied the opportunity to make a contemporaneous objection
1878222 Anthony Esander Vasquez v. Commonwealth of Virginia 02/27/2024
Trial court did not err denying appellant’s motion to strike and finding appellant guilty of three felony eluding and five reckless driving charges; evidence more than sufficient to establish appellant was the driver
1909222 Tysha A. Davenport v. Commonwealth of Virginia 02/27/2024
Trial court did not err finding sufficient evidence to convict appellant of throwing a missile at an occupied vehicle; evidence sufficient that appellant, not her passenger, threw object at the victim’s car
1279222 Raekwon McFail v. Commonwealth of Virginia 02/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of malicious wounding by mob; Code § 18.2-41 does not require proof of malice, only proof the wounding was unlawful; sufficient evidence appellant and his associates adopted unlawful intent to commit violence; sufficiency argument waived regarding unlawful wounding, Rule 5A:18
1329221 Plains Marketing, LP v. York County 02/20/2024
Judgment affirmed as trial court did not err finding appellant did not produce sufficient evidence to overcome presumption of correctness; evidence insufficient to prove the assessed values exceeded the property’s fair market values and assessments were not arrived at in accord with generally accepted appraisal practices and applicable Virginia law, Rule 5A:20(e)
1383221 Tyshawn Joseph Deshields v. Commonwealth of Virginia 02/20/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder, use of a firearm, and discharging a firearm in an occupied building; evidence presented showed appellant killed the victim with malice and not in self-defense
1408221 Matthew Terrell Whitney v. Commonwealth of Virginia 02/20/2024
Trial court did not err denying suppression of appellant’s inculpatory statements finding he was not in custody when the voluntary statements were made; no abuse of discretion imposing sentence above the sentencing guidelines range or denying appellant’s motion to discharge his attorney and appoint a new attorney at sentencing hearing
1716223 Frederick Joseph Palka, II v. Commonwealth of Virginia 02/20/2024
Trial court did not abuse its discretion excluding decedent’s toxicology evidence as decedent’s conduct was undisputed; trial court did not err requiring the parties to submit voir dire questions before trial date, Code § 19.2 262.01
1986221 Jermaine Jamar Cameron v. Commonwealth of Virginia 02/20/2024
Trial court did not err finding evidence sufficient to convict appellant of three counts of maliciously shooting at an occupied vehicle
0075233 Michael Terry Duncan v. Commonwealth of Virginia 02/13/2024
Trial court did not err finding evidence sufficient for a jury to convict appellant of possession of firearms found in a gun safe within his residence; evidence supports appellant was aware of the presence, nature, and character of the firearms and they were subject to appellant’s dominion and control
0225232 Cynthia P. Oliver v. Kimberly A. Pinchbeck, P.C. 02/13/2024
Upon a rehearing, judgment reversed; trial court erred granting summary judgment as there are material facts genuinely in dispute; case is reversed and remanded for further proceedings
0404233 Angelia Grose v. Franklin County Department of Social Services 02/13/2024
Judgment affirmed as appellant’s challenge to termination of her parental rights under Code § 16.1 283(C)(2) is moot; appellant failed to challenge trial court’s termination of her rights under Code § 16.1 283(B); Code § 16.1 283(B) and (C)(2) are distinct and independent provisions of the statute
0870222 Cordonte Douglas Horton v. Commonwealth of Virginia 02/13/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder, attempted robbery, and use of a firearm; no abuse of discretion granting Commonwealth’s motion for a joint trial or admitting evidence of ammunition; record inadequate to consider suppression claim; as mistrial not requested by appellant, claim barred
1167222 Sage Ventures, LC, et al. v. Chatham Ridge Condominium Unit Owner's Association, et al. 02/13/2024
Trial court did not err in granting a plea in bar to the breach of contract claim where appellee proved by preponderance of the evidence that the cause of action accrued more than five years before filing of appellants’ complaint; no abuse of discretion excluding the search warrant affidavit
1303222 Anne Edwards Hartley, et al. v. Board of Supervisors of Brunswick County, Virginia 02/13/2024
Trial court did not err granting summary judgment as appellee produced some evidence of reasonableness denying appellant’s request for downzoning; failure to align with comprehensive plan or consider statutory factors on the record does not render a zoning amendment arbitrary and capricious; no abuse of discretion denying appellant’s motion for continuance
1314224 Dan Chacko v. John R. Ford, Jr. 02/13/2024
Trial court did not err granting appellee’s plea in bar and dismissing appellant’s complaint alleging trespass and maintaining a private nuisance; under the implied terms of the HOA’s declaration of covenants appellee was within his authority as president of the HOA to enter appellant’s property to begin the restoration process
1435222 Keith Rankins v. Commonwealth of Virginia 02/13/2024
Trial court did not err finding appellant remained a sexually violent predator who did not satisfy the criteria for conditional release, Code § 37.2-910
1735223 Julian Huffman v. Commonwealth of Virginia 02/13/2024
Judgment affirmed as appellant failed to obtain ruling from the trial court regarding Commonwealth’s motion to qualify witness as an expert; appellant did not preserve sufficiency of evidence arguments for appeal, Rule 5A:18
0095233 Keely Howard v. Radford City Department of Social Services 02/06/2024
Judgment affirmed as trial court did not err finding the child had been subject to neglect and abuse and it was in the best interests of the child to terminate appellant’s parental rights; appellant failed to preserve assignments of error regarding witness testimony and termination of parental rights under Code § 16.1-283(B), Rule 5A:18
1196222 Robert Szabo v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding appellant remained a sexually violent predator ineligible for conditional release, Code § 37.2-910
1228221 Michael Thomas Dalton v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation, two counts of abduction, and assault and battery of a family member; evidence sufficient to establish a bodily injury under Code § 18.2-51.6(A)
1307222 Andrew Luke Neff v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient to convict appellant of sexual battery and strangulation; a reasonable trier of fact could conclude appellant acted with the requisite criminal intent, sexually abused the victim through intimidation and without the victim’s consent, and the victim suffered a bodily injury
1712221 Stephen R. Jones, et al. v. South Bay Shore LLC, et al. 02/06/2024
Trial court did not err granting appellees’ motion to strike and concluding appellants failed to prove appellees’ pier interfered with appellants’ enjoyment of their visual easement; the deed and incorporated plat are unambiguous as to the extent of the visual-easement area and appellants failed to prove the pier violates the terms of the easement
1856222 Jeremy Peters v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of trespassing; appellant violated express terms of an agreement and ignored multiple requests to leave
0810221 Lamont Decarlo Booker v. Commonwealth of Virginia 01/30/2024
Trial court did not err by finding appellant’s conviction was not void for extrinsic fraud upon the court under Code § 8.01-428(D) and it lacked jurisdiction to vacate the conviction under Rule 1:1
0816223 Bobby Aaron Deel v. Kimberly Laraine Schmidt, et al. 01/30/2024
Judgment affirmed in part, reversed in part, and remanded for further proceedings; no abuse of discretion incorporating agreement into an order of the court; trial court exceeded its authority under Code § 20 108.1 awarding child support arrearages, medical expenses arrearages, and attorney fees predating appellee’s initial filing; contractual arguments waived, Rule 5A:8(b)
1006222 Jamar A. Meredith, s/k/a Jamar Antoine Meredith v. Commonwealth of Virginia 01/30/2024
Trial court did not err denying appellant’s motion to suppress Eutylone found in the pockets of his clothing; appellant did not have a reasonable expectation of privacy in the emergency ward treatment room; pursuant to the inventory exception, the search was reasonable as the clothing was lawfully obtained, the search conducted by standard procedures, and not pretextual
1516222 Earl Truman Scroggins, III v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient to convict appellant of failure to stop at the scene of an accident; appellant failed to provide his name, address, or driver’s license number to the victim and left the scene
1528232 Commonwealth of Virginia v. Christian Jason Rowe 01/30/2024
Trial court did not err granting motion to suppress evidence; no error concluding the capias did not meet Fourth Amendment requirements to qualify as an arrest warrant supporting the breach of appellee’s home; record does not support finding of probable cause or any indication of a sworn statement to the intake officer; no error applying exclusionary rule; matter remanded
1706222 Teosha Haynesworth v. Henrico Department of Social Services 01/30/2024
Trial court did not err finding evidence sufficient to terminate parental rights under Code § 16.1-283(C)(2); appellant was unwilling or unable to substantially remedy the conditions leading to the child’s foster care placement; appellee made reasonable and appropriate efforts
1714222 Paul Lois Herrman, s/k/a Paul Lous Hermann v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of robbery; no abuse of discretion refusing to dismiss Juror 124 for cause
1720222 Teosha Haynesworth v. Henrico Department of Social Services 01/30/2024
Trial court did not err finding evidence sufficient to terminate parental rights under Code § 16.1-283(C)(2); appellant was unwilling or unable to substantially remedy the conditions leading to the child’s foster care placement; appellee made reasonable and appropriate efforts
1737222 Maurice Wendell Thrower, Sr. v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient to convict appellant of attempted malicious wounding and attempted robbery; appellant’s use of a knife to thrust at the victim’s stomach sufficient to show intent to maim, disfigure, disable, or kill; record supports trial court’s conclusion appellant intended to steal victim’s money
1758221 Jeremy Kooiman, et al. v. Jeffrey Ornoff 01/30/2024
Judgment affirmed as trial court did not err granting appellee’s request for injunctive relief against appellants and dismissing appellants’ complaint; no error interpreting restrictive covenants to bar appellants from using the basement of their home as their residence while renting the rest of the house; attorney’s fees issue not properly preserved, Rule 5A:18
1760221 Jeremy Kooiman, et al. v. Jeffrey Ornoff 01/30/2024
Judgment affirmed as trial court did not err granting appellee’s request for injunctive relief against appellants and dismissing appellants’ complaint; no error interpreting restrictive covenants to bar appellants from using the basement of their home as their residence while renting the rest of the house; attorney’s fees issue not properly preserved, Rule 5A:18
0331233 Jeffrey Earl Fitzgerald v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of driving under the influence of alcohol; court did not err relying upon the results of a retrograde extrapolation test and finding police had probable cause to arrest; additional arguments waived, Rule 5A:18 and Rule 5A:20(c)
0836221 Marqueze Eugene White v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient for assault and battery against Officer Andre; evidence was insufficient to convict appellant of assault and battery on Officer Staie and that conviction is reversed; matter is remanded to the trial court to resentence accordingly
0908222 Dustin Harris v. Commonwealth of Virginia 01/23/2024
Trial court did not err convicting appellant of all charges; trial court did not abuse its discretion as it did not exceed the statutory maximums and imposed sentences within the ranges set by the legislature
1141224 Hector Armando Gamez Amaya v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as no abuse of discretion refusing appellant’s cautionary jury instruction on uncorroborated testimony of an accomplice as there was sufficient corroboration by appellant’s statements; no abuse of discretion admitting hearsay evidence; harmless error allowing credibility testimony and restricting impeachment cross-examination as evidence was cumulative
1187222 Davonn Bassett v. Commonwealth of Virginia 01/23/2024
Trial court did not err denying appellant’s motions to strike and set aside the verdict; sufficient evidence existed for the jury to find appellant overcame the victim’s will by force, threat, or intimidation; no abuse of discretion permitting introduction of evidence of victim’s cognitive impairments and preventing appellant from introducing evidence of victim’s sexual activity
1416221 Daryl Wayne Hogg v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient to convict appellant of willfully failing to appear; appellant failed to negate Commonwealth’s prima facie showing
1443233 Commonwealth of Virginia v. Leigh Ann Jennings 01/23/2024
Trial court erred in granting appellee’s motion to suppress evidence as there was probable cause for the trooper to search the vehicle
1700221 Thomas E. Morris, et al. v. Anthony Heath Parker, et al. 01/23/2024
Trial court did not err denying appellant’s claim for an implied easement over a right of way; appellants failed to prove the physical location of the claimed easement and failed to link the platted right of way to an actual location
1736222 Shawn Maurice James v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possession of a firearm after conviction of a violent felony; appellant’s statements establish he possessed the firearm, exercising actual control
1794221 Frederick Clark, Jr. v. Commonwealth of Virginia 01/23/2024
Trial court did not err concluding in-court identification evidence sufficient for the jury to find appellant guilty of robbery, abduction, object sexual penetration, and three counts of use of a firearm; considering the totality of the circumstances, victim’s in-court identification was reliable and corroborated by video and photographic evidence
1954222 Brian Aaron Frazier v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as trial court did not abuse its discretion granting jury instruction on flight; appellant failed to object when flight was mentioned in closing rebuttal argument and the argument is waived, Rule 5A:18; appellant did not preserve sufficiency challenges, Rule 5A:18
0049234 Sanjay Sainani, et al. v. Belmont Glen Homeowners Association, Inc. 01/16/2024
Judgment is affirmed in part, reversed in part, and remanded to the trial court for further proceedings; case remanded for trial court to provide explanation for the post-remand fee award and to consider evidence of Marr’s appellate work in determining the fee award; appellant’s assignment of error regarding trial court’s alleged contributing role waived, Rule 5A:20(e)
0723221 Lecram Omari Sanders v. Commonwealth of Virginia 01/16/2024
Trial court did not err in concluding that a witness’ testimony was not inherently incredible; no error in denying appellant’s motion to set aside the verdict and order a new trial based on after-discovered evidence where appellant failed to demonstrate materiality of the evidence
1105222 Tonya D. Chapman v. Jonathan Burkett, et al. 01/16/2024
Trial court did not err sustaining appellee’s demurrer and dismissing appellant’s second amended complaint with prejudice as appellant failed to plead facts sufficient to allege actual malice; appellant failed to allege Burkett knew or should have known statements reported from the draft OSIG were false
1230221 James Thomas Charnick v. Commonwealth of Virginia 01/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict of carjacking, credit card theft, and use of a firearm and denying motion to set aside verdict on Brady violation; victim’s identification of appellant corroborated; objections to exhibits waived by offering similar evidence; prejudice not established as exculpatory evidence not material
1507221 Tyrone Lamont Pair v. Commonwealth of Virginia 01/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and exclude hypotheses of innocence; no abuse of discretion allowing evidence of the emergency protective order obtained by the victim against appellant the day before she was killed; probative evidence outweighed obvious yet incidental prejudice
1539224 Brandon Willis Kamga v. Commonwealth of Virginia 01/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of involuntary manslaughter and reckless handling of a firearm; trial court did not prevent appellant from examining witness; appellant did not preserve for appeal whether the trial court erred restricting appellant’s impeachment of witness, Rule 5A:18
0232234 Kevin Eugene Brooks v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient to prove appellant possessed the intent to maim, disfigure, disable, or kill and that appellant acted with malice; intent to disfigure or maim and malice may be presumed from appellant’s unprovoked assault and severity of victim’s injuries
1013222 Erik Smith Allen v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery of a law enforcement officer; evidence sufficient for the jury to conclude appellant’s actions were done in a rude, insolent, or angry manner and impute harmful intent
1014222 Erik Smith Allen v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of malicious wounding; appellant’s convictions of malicious wounding and assault and battery of a household or family member are separate offenses and did not violate double jeopardy
1133222 Jeffrey Antonio Barlow v. Commonwealth of Virginia 01/09/2024
Trial court did not err denying appellant’s motion to suppress; appellant’s seizure and search was supported by reasonable articulable suspicion; if the search rose to the level of a strip search, it was justified by appellant reaching into his pants, the intrusion was minimal, and the manner was reasonable; matter remanded solely to correct the sentencing order
1136221 Dequan O'Neal Beamon v. Commonwealth of Virginia 01/09/2024
Trial court did not err denying appellant’s motion to suppress evidence from the warrantless vehicle search or appellant’s motion to strike for insufficient evidence; totality of the evidence allows the trial court to find appellant constructively possessed the marijuana in the car and the firearm
1440221 Francisco Charles McClain v. Commonwealth of Virginia 01/09/2024
Trial court did not err as evidence was sufficient to find appellant a felon in possession of a firearm and brandishing a firearm
1523222 Raven Brown v. Henrico Department of Social Services 01/09/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights where appellant failed to remedy substantially the conditions that led to and required the child’s continuation in foster care; court did not err finding it was in the best interest of the child to terminate appellant’s parental rights
0128234 Damonta Martin, s/k/a Damonte Martin v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding and maliciously shooting at an occupied vehicle; no evidence established an overt act justifying or excusing appellant firing weapon or that appellant was threatened
0682221 Michael Alan Bush v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant’s motion to suppress statements, denying his motion to strike Commonwealth’s evidence as insufficient, and rejecting his proposed jury instruction; appellant’s statements were voluntary and not the result of police coercion; evidence sufficient to find appellant did not act in self-defense and sustain conviction for first-degree murder
0931222 William Arthur Greene, Jr. v. Commonwealth of Virginia 12/28/2023
Trial court did not err determining appellant’s statutory or constitutional speedy trial rights were not violated; no abuse of discretion denying appellant’s motion for a mistrial or allowing evidence as to the lack of an alibi witness; no error for trial court to apply penalty under Code § 18.2-58 in effect at the time of the robbery; evidence sufficient for jury to convict as charged
1199221 Allen W. Poulson v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant’s motion to suppress; no violation of Fourth Amendment or Miranda rights as appellant’s interactions with police were consensual prior to his lawful arrest
1267221 Daniel Lee Horne v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding sufficient evidence to support appellant’s convictions for malicious wounding, use of a firearm, and maliciously shooting into an occupied dwelling; trial court did not abuse its discretion when it rejected appellant’s proposed Castle Doctrine jury instruction
1431221 Charles Robert Nicholson, III v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding sufficient evidence of involuntary manslaughter; a rational factfinder could conclude appellant’s conduct was so willful and wanton as to demonstrate a reckless disregard for the victim’s safety; no evidence of an intervening act of negligence
1740222 Wilbert Green Venable, s/k/a Wilbert Leroy Green Venable v. Commonwealth of Virginia 12/28/2023
Trial court did not err in denying appellant’s motion to dismiss and motion in limine on double jeopardy and statute of limitation violations; appellant waived the objection of double jeopardy by failing to timely file his motion, Code § 19.2-266.2(A); no statute of limitations for felony offenses
1750221 Carol Norman Drew v. Armor Correctional Health Services, Inc. 12/28/2023
Trial court did not err in sustaining demurrer and dismissing appellant’s complaint; demurrer sustained as it did not state a duty owed to appellant; trial court did not improperly consider the merits of the facts alleged in sustaining the demurrer
1756224 Jeffrey M. Collins v. Martin A. Korkowski, M.D., et al. 12/28/2023
Judgment affirmed as no abuse of discretion finding appellant’s rebuttal expert designation inadequate or allowing redirect testimony by an expert witness; argument trial court erred not allowing appellant to cross-designate portions of his deposition waived by failure to proffer cross-designation; argument for additional cross-examination of expert waived, Rule 5A:18
1814223 Deborah R. Magid v. John J. O'Keefe, Jr., Attorney at Law 12/28/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to set aside an order for lack of subject matter jurisdiction; no evidence that general district court ever acquired personal jurisdiction over appellant so the court declines to consider appellant’s subject matter argument under Code § 17.1-513
1900223 Katherine Amanda Ferguson v. Roanoke City Department of Social Services 12/28/2023
Trial court did not err terminating appellant’s parental rights and approving the foster care goal of adoption; evidence was sufficient to terminate parental rights under Code § 16.1-283(C)(2)
1918224 Marcelo Raul Beltran Saavedra v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant’s motion to suppress incriminating statements as totality of the circumstances show appellant’s statements were voluntary; no abuse of discretion denying appellant’s motion in limine as evidence of five other videos found on appellant’s phone were highly probative of appellant’s intent to film the victim
0013231 Damontae Lamar Diggs v. Commonwealth of Virginia 12/19/2023
Trial court did not err when it found evidence was sufficient for a jury to convict appellant of three counts of robbery and three counts of use of a firearm in commission of a felony where there was sufficient circumstantial evidence to find guilt beyond a reasonable doubt
0141233 Jason Lamont Cunningham v, Commonwealth of Virginia 12/19/2023
Trial court did not err finding evidence sufficient to support appellant’s conviction for fleeing law enforcement in violation of Code § 18.2-460(E); trial court did not err in rejecting appellant’s defense of resisting an unlawful arrest
1036223 Jamal Divine Gardner v. Commonwealth of Virginia 12/19/2023
Judgment affirmed as no abuse of discretion in refusing to allow appellant’s counsel to ask certain questions of potential jurors about views on race and gun violence; argument defaulted on questions concerning the right of a defendant not to testify, Rules 5A:18 and 5A:20; evidence was sufficient to convict appellant of aggravated malicious wounding
1129221 Jonathan Cornelius McNeal v. Commonwealth of Virginia 12/19/2023
Judgment affirmed as trial court did not err rejecting appellant’s argument the Commonwealth failed to prove with specificity when the offenses occurred; based on victim’s testimony, jury could properly conclude appellant committed the offenses within the time frames in the indictments; appellant failed to preserve additional sufficiency challenges, Rule 5A:18
1381222 Robert Dean Kincaid, Jr. v. Commonwealth of Virginia 12/19/2023
Trial court did not err denying appellant’s motion to suppress post-accident admissions as they were voluntary statements; no error denying the motion to suppress toxicity results as the affidavit contained sufficient showing of probable cause for issuance of the search warrant without the contested admission; no abuse of discretion allowing cross-examination to show bias
1386221 Phillip Evan Jones v. Commonwealth of Virginia 12/19/2023
Trial court did not err finding evidence was sufficient for the jury to find appellant guilty of first- degree murder and use of a firearm; evidence sufficient to conclude appellant was the shooter and establish premeditation; trial court did not err in refusing to strike a juror for cause
1472221 Steven Perry v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910
1526222 Woodrow Jackson, Sr. v. Commonwealth of Virginia, Department of Conservation and Recreation 12/19/2023
Judgment reversed and case remanded as trial court erred in sustaining appellee’s demurrer; facts in appellant’s complaint are sufficient to state a cause of action for an easement by necessity; defense of res judicata is not properly placed in issue
1776223 Erin Leanne Hayes v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding evidence was sufficient for the jury to convict appellant of driving under the influence of alcohol
1807223 Erik Stewart Smith, s/k/a Erick Stewart Smith v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding evidence sufficient to convict appellant of distribution of heroin and methamphetamine; the Commonwealth’s evidence was competent, not inherently incredible and sufficient to prove guilt beyond a reasonable doubt
0103232 Corporate Operations, d/b/a Sunrise Senior Living, et al. v. Elizabeth Nassar 12/12/2023
Commission’s award for claimant’s benefits affirmed; the record supports Commission’s findings that the workplace accident caused a new, compensable back injury and that appellee provided timely actual notice of the accident and injuries
0195233 John T. Jenkins, et al. v. Nationwide Mutual Fire Insurance Company 12/12/2023
Judgment affirmed as appellant failed to preserve its objection to trial court’s order granting appellee leave to file an amended answer, Rule 5A:18
1092224 Greater Washington Endodontics P.C., et al. v. Plaza Office Realty I, LLC 12/12/2023
Trial court did not err in ruling appellant was in a holdover posture, finding no written demand for holdover payments was necessary, finding Pollock liable for breach of guaranty and denying appellant’s counterclaim for failure to return the security deposit; no abuse of discretion in its award of attorney fees
1211222 Samuel Murphy v. Billie A. Murphy 12/12/2023
Trial court did not abuse its discretion interpreting the final decree to provide for distribution of excess equity in the marital home to appellee; appellee’s request for attorney fees and costs denied
1221224 Dany Edgardo Hernandez v. Commonwealth of Virginia 12/12/2023
Judgment affirmed as trial court did not err denying appellant’s claim for a new trial; assuming evidence should have been disclosed, a new trial was unwarranted based on overwhelming independent evidence; no error in rejecting appellant’s double jeopardy claim; appellant failed to timely object to preserve the argument of juror bias, Rule 5A:18
1257223 Robert Lee Jeffrey, Jr. v. Commonwealth of Virginia 12/12/2023
Judgment affirmed as there was no abuse in discretion denying appellant’s motion to withdraw his no contest plea and finding the motion was not made in good faith; no error in finding there was no variance between the indictment and proffer; appellant’s assignment of error regarding denial of continuance not preserved, Rule 5A:8
1293221 Jhonathan Castro Contreras v. Commonwealth of Virginia 12/12/2023
Trial court did not err in finding sufficient evidence of rape and abduction with intent to defile; evidence at trial supported the trial court’s credibility determination and finding of guilt
1300222 Anthony Johnny Davenport v. Nationwide Mutual Fire Insurance Company 12/12/2023
Judgment affirmed as trial court did not abuse its discretion allowing testimony to include time offsets applied to cell phone data as the testimony was from analysis and experience rather than inadmissible hearsay; any error in excluding impeachment evidence of a witness was harmless error
1322221 William R. Lott v. Maria V. Lott 12/12/2023
Judgment affirmed in part as trial court’s award of payments representing wife’s portion of husband’s military retirement pay was proper under the indemnification clause of the property settlement agreement; judgment reversed in part as trial court erred in determining spousal support without a hearing, Rule 4:15
1474222 School Board for the City of Richmond v. Mark Emerick Lee, Jr. 12/12/2023
Judgment affirmed as trial court had jurisdiction to hear appeal of the General District Court judgment and did not err in in awarding damages for unpaid wages or abuse its discretion denying the motion to modify or suspend the order; a timely-filed written statement of facts is necessary to permit review of appellant’s other assignments of errors, Rule 5A:8(c)(1)
1646221 Bashar Al Jobori, et al. v. Hadi Makhoul 12/12/2023
Trial court did not err in sustaining appellee’s plea in bar and dismissing appellant’s claims with prejudice; sufficient evidence was presented to find appellant’s claims were barred by a confidential settlement agreement
1701221 Christopher Warren Mcvey v. City of Newport News 12/12/2023
Trial court did not err in finding evidence was sufficient for the jury to convict appellant of disorderly conduct
0065233 Wayne Joseph Baker v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as appellant’s complaint that trial court did not sufficiently inquire as to the basis of appellant’s motion for new counsel was waived
0885221 Jamall Andre Taylor v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as evidence was sufficient to overcome appellant’s motion to strike and motion to set aside the verdict and for the jury to convict appellant of malicious wounding, use of a firearm in a public place and discharge of a firearm; appellant failed to preserve the argument regarding jury instruction, Rule 5A:18
1040222 Rashad Isaac Wyche v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was competent, credible, and sufficient to prove beyond a reasonable doubt that appellant was guilty of malicious wounding, abduction, and two counts of strangulation
1208221 Demarco Johnson v. Checkered Flag Store #3, LLC 12/05/2023
Judgment affirmed as appellant’s argument the trial court erred in dismissing count IV of his complaint is barred by Rule 5A:20; a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of appellant’s assignments of errors, Rule 5A:8(b)(4)(ii)
1232222 The East End Landfill, LLC v. The County of Henrico Virginia, et al. 12/05/2023
Trial court did not err in dismissing appellant’s appeal from a Board of Zoning Appeal’s decision dismissing a conditional use permit where the sole basis for appeal was challenging the constitutionality of the zoning ordinance; appeals under Code § 15.2-2314 allow for court review of a zoning decision, not to challenge the constitutionality of an ordinance
1233222 The East End Landfill, LLC v. The County of Henrico Virginia, et al. 12/05/2023
Judgment affirmed as appellant’s approbation and reprobation is fatal to its argument that the trial court erred in dismissing appellant’s motion for declaratory judgment
1234222 The East End Landfill, LLC v. Board of Supervisors of Henrico County et al. 12/05/2023
Judgment affirmed as appellant’s approbation and reprobation is fatal to its argument that the trial court erred in dismissing appellant’s petition for injunction
1313221 Matthew Allen Coglio v. Commonwealth of Virginia 12/05/2023
Trial court did not err when it found evidence sufficient for a jury to convict appellant of second-degree murder, use of a firearm and maliciously shooting into an occupied building; trial court did not abuse its discretion allowing hearsay to show the victim’s state of mind; protections against double jeopardy were not violated
1504223 John Wallace Blanchard v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as there was no abuse of discretion in allowing complaining witness to testify about an incident that occurred after she turned 18 and admitting a portion of text messages she sent to her mother after the incident; argument about court’s refusal to explain instructions to jury barred by Rule 5A:18
1617221 Dustin Deon Walker v. Commonwealth of Virginia 12/05/2023
Trial court did not err when it found evidence was sufficient for a jury to find appellant knowingly possessed cocaine with the intent to distribute, possession of a firearm and carrying a concealed weapon; no requirement to prove a nexus between possession of cocaine and possession of a firearm
1793221 Jessie Lee Branch v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was sufficient to prove appellant guilty of destruction of property and three counts of violation of a protective order
1919223 Jessi Ryan Hackett v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was sufficient to convict appellant of assault and battery of a family or household member where record demonstrates appellant and victim shared living arrangements and were in a long-term romantic relationship within the intendment of Code § 18.2-57.2
0746221 Ronelle Kenneth Harris v. Commonwealth of Virginia 11/28/2023
Trial court did not abuse its discretion by failing to strike a juror for cause; no error in refusing to set aside the verdicts based on appellant’s allegation of a Brady violation
0884222 Christine Solem v. Commonwealth of Virginia 11/28/2023
Trial court did not err in finding evidence was sufficient to convict appellant of trespassing as she did not demonstrate the underlying trespass notice was unconstitutional or otherwise invalid
1346222 John Russell Thompson, Jr. v. Commonwealth of Virginia 11/28/2023
Trial court did not err in denying appellant’s motion to suppress; given the totality of the circumstances the court did not err in finding there was reasonable, articulable suspicion appellant was in possession of a controlled substance
1797224 Ho-Won Jeong v. George Mason University 11/28/2023
Judgment affirmed as any error in ruling on appellant’s reply brief is harmless; no abuse of discretion in declining to qualify an attorney as an expert witness on discovery matters, refusing to admit exhibits 3, 8, 9, 10, and 10A, denying in camera review, refusing to allow appellant to question appellee’s counsel, denying motion to compel, and denying motion to recuse
1989224 Khachik Yevdokimov v. McDiarmid Associates 11/28/2023
Trial court did not abuse its discretion by denying appellant’s motion to file an amended complaint as appellant failed to state an affirmative action taken by appellee in the amended complaint and granting the motion would be futile; no error in denying motion to lift the stay of discovery
0149234 Nathaniel Edward Green, III v. Edith H. Rameika, et al. 11/21/2023
Trial court did not err in accepting service by order of publication in adoption case; no error in finding adoption was in children’s best interests after court considered the evidence presented and the statutory factors under Code § 63.2-1205
0733231 Commonwealth of Virginia v. Cameron Dion Drane 11/21/2023
Judgment reversed where trial court erred in attributing all periods of delay to the Commonwealth when only the first 58-day delay should have been counted against the Commonwealth for speedy trial purposes, Code § 19.2-243
0810221 Lamont Decarlo Booker v. Commonwealth of Virginia 11/21/2023
Trial court did not err by finding appellant’s conviction was not void for extrinsic fraud upon the court under Code § 8.01-428(D) and it lacked jurisdiction to vacate the conviction under Rule 1:1
0835222 Deandre Dominique Vaught v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possession with intent to distribute cocaine and fentanyl based on evidence collected at the scene and expert testimony; no error in denying appellant’s motion for a continuance of the trial as appellant has shown neither an abuse of discretion nor prejudice
0909224 Donnie Eric Stephen Johnson v. Commonwealth of Virginia 11/21/2023
Judgment affirmed as no abuse of discretion in admitting the certificate of analysis; evidence was sufficient to prove appellant guilty of possession with intent to distribute Eutylone, possession of a firearm while in possession of Eutylone, and unlawfully shooting into occupied dwelling; remaining assignments of error barred by Rules 5A:18 and Rule 5A:20
0985223 Ruanta Deangelao Price v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to convict appellant of strangulation as the victim’s testimony was not inherently incredible and the physical evidence was consistent with victim’s testimony
1256223 Garland L. Bowman, II v. State Farm Fire and Casualty Company 11/21/2023
Judgment reversed and case remanded where the insurance policy contained ambiguous language making it unclear as to whether appellant was out of compliance with the policy when he filed his declaratory judgment action and the ambiguity renders the case justiciable
1285221 Barry Eugene Lewis v. Commonwealth of Virginia 11/21/2023
Judgment reversed and case remanded for resentencing where trial court erred in imposing a sentence of active incarceration that exceeded the statutory maximum sentence for a second technical probation violation under Code § 19.2-306.1(C)
1364221 Mishon Michael Tarpley v. Commonwealth of Virginia 11/21/2023
Trial court did not err in denying appellant’s motion to suppress where the traffic stop was justified by officer’s reasonable, articulable suspicion of criminal activity involving equipment violations
1544224 Paul Clay Myers v. Commonwealth of Virginia 11/21/2023
Trial court did not err by finding evidence was sufficient to prove appellant committed object sexual penetration and rape by force or intimidation, Code §§ 18.2-61(A), 18.2-67.2(A)(2)
1579221 William Earl Aldridge v. Commonwealth of Virginia 11/21/2023
Trial court did not abuse its discretion by imposing an active sentence of incarceration of one year and six months after appellant’s suspended sentence was revoked for incurring new criminal
1618222 James Ray Huff v. Commonwealth of Virginia 11/21/2023
Judgment affirmed as there was sufficient evidence that appellant penetrated the victim with his penis; argument that there was insufficient evidence that the sexual encounter was non-consensual barred by Rule 5A:18
1717223 Hasan Ibn-Sami Abdussalaam v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to prove beyond a reasonable doubt that appellant knew the gun was in the car in which he was sitting, the gun was subject to his dominion and control, he was a convicted felon, and he was guilty of violating Code § 18.2-308.2
1875223 Zachary Cruz v. Lindsay Combs, In her Individual Capacity 11/21/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error related to sanctions, Rule 5A:8(b)(4)(ii), and those assignments of error are also barred by Rule 5A:18; appellant’s nonsuit rendered the argument regarding the denial of his motion for recusal moot
1904224 Wayne Shorter v. Darien Cherry, et al. 11/21/2023
Judgment affirmed as appellant’s arguments that a witness’ testimony was admitted in violation of the Dead Man’s Statute, Code § 8.01-397, and additional testimony about appellant’s reputation for being dishonest was improperly admitted are barred by Rule 5A:18; no error in rejecting the 2021 will and admitting the 2022 will to probate based on the record
0210222 Wakeel Abdul-Sabur v. Commonwealth of Virginia 11/14/2023
Trial court did not err when it denied appellant’s motion for resentencing as he filed the motion well after 21 days from the entry of the final order and the court did not have jurisdiction to grant the relief requested
0947223 Gary LaFayette Waller, s/k/a Big Heart El Bey v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as appellant’s argument that exclusion of certain evidence violated his constitutional rights is barred by Rule 5A:18; no error in denying motion to strike abduction, malicious wounding, and firearms charges; there was sufficient evidence for court to grant an instruction on inferred malice from the use of a deadly weapon
0992222 Kenneth Alan Rose v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as appellant’s argument that the victims’ testimony was inherently incredible and unworthy of belief is barred by Rule 5A:18 and appellant has not demonstrated that a manifest injustice has occurred
1140221 Carson Carnell Davis, Jr. v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1540223 Charles Justin West v. Jennifer Lynn Lemmer 11/14/2023
Judgment affirmed as appellant’s argument that trial court abused its discretion by admitting a psychotherapy progress note under the business records exception to the hearsay rule is barred by Rule 5A:18; court was not plainly wrong in ruling statements constituted party admissions; no abuse of discretion in court’s refusal to give appellant’s requested cautionary instruction
1549223 Travis Ryan Brown v. Commonwealth of Virginia 11/14/2023
Trial court did not err in finding evidence was sufficient to convict appellant of unauthorized use of a motor vehicle as victim’s testimony was not inherently incredible as a matter of law
1596222 Daniel A. Martinez-Nolasco v. Commonwealth of Virginia 11/14/2023
Trial court did not abuse its discretion by denying appellant’s motion to withdraw his Alford pleas to attempted murder and first-degree murder where appellant did not establish a reasonable defense to the charges
0136233 Watan Holdings, LLC v. Violet Blankenship, et al. 11/08/2023
Trial court did not err in sustaining a demurrer to appellant’s amended complaint alleging a breach of general warranty of title as appellant had not sufficiently pled an actual or constructive eviction
0144231 Veronica M. Johnson v. Rock Solid Janitorial, Inc., et al. 11/08/2023
Judgment affirmed in part as appellant’s argument that a 2018 order was void ab initio is barred by Rule 5A:20(e); appellant’s argument regarding a default judgment barred by Rule 5A:18; judgment reversed in part as res judicata only bars appellant’s claims against Selective and appellant’s personal injury claim against Rock Solid is not barred by claim or issue preclusion
0737222 Joseph Wayne Smith, Jr. v. Commonwealth of Virginia 11/08/2023
Judgment affirmed as argument that the evidence was insufficient to convict appellant is barred by Rule 5A:18 due to his failure to renew his motion to strike after presenting evidence and because he did not file a post-trial motion to set aside the verdict; appellant fails to meet his burden that a manifest injustice occurred and the record does not affirmatively establish error
0789221 Dezmond Donte Canaday v. Commonwealth of Virginia 11/08/2023
Trial court did not err by finding evidence was sufficient to convict appellant of making a false statement on a firearm form in violation of Code § 18.2-308.2:2
0930221 Patrick M. Barnes v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding the Commonwealth’s evidence was competent, credible, and sufficient to prove beyond a reasonable doubt that appellant was guilty of abduction, second-degree murder, and two counts of use of a firearm in commission of a felony; no abuse of discretion in rejecting appellant’s proposed instructions on eyewitness identification testimony
0960222 Steve Timothy Wilkerson, Jr. v. Commonwealth of Virginia 11/08/2023
Trial court did not err when it found evidence was sufficient to convict appellant of eluding the police in violation of Code § 46.2-817(B)
0986222 Zion Mongoles Howell v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possession with intent to distribute a Schedule I or II controlled substance while also possessing a firearm based on the totality of the evidence
1061222 Niiadotey Newbold v. Michael Tillman, et al. 11/08/2023
Judgment affirmed as a timely-filed transcript of the June 28, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1151221 George LeRoyal Townsend v. Commonwealth of Virginia 11/08/2023
Judgment affirmed as appellant’s argument that trial court erred in finding the victim was so intoxicated that she was mentally incapacitated and incapable of consent is barred by Rule 5A:18 and appellant has failed to carry his burden of proving a manifest injustice in this case
1182221 Tashara Mone Jackson v. Commonwealth of Virginia 11/08/2023
Trial court did not err when it found evidence was sufficient to convict appellant of murder and conspiracy and when it denied motion to suppress statements to law enforcement; no abuse of discretion by court in denying motion in limine to exclude text messages between co-conspirators and refusing proposed jury instructions; motion for mistrial argument waived
1255221 Corey Jenkins v. Commonwealth of Virginia 11/08/2023
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove he possessed lascivious intent toward the victim and he was guilty of the charged offense, Code § 18.2-370(A)(1)
1339223 Paris C. Graves v. Roanoke City Department of Social Services 11/08/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(B) as the termination was in the child’s best interests
1379223 Jake Wajed Inam v. Roanoke City Department of Social Services 11/08/2023
Trial court, in a termination of parental rights matter, did not abuse its discretion by denying appellant’s request for a continuance where the children had been in foster care for 25 months and after accepting appellant’s proffer of the witnesses’ testimony and treating it as substantive evidence
1433222 Edward Allen Cliborne v. Commonwealth of Virginia 11/08/2023
Trial court did not err by finding evidence was sufficient for jury to convict appellant of object sexual penetration in violation of Code § 18.2-67.2(A)
1548223 Shaun Steven Reed v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to conclude appellant possessed the requisite criminal intent and convicting appellant of attempted abduction, Code § 18.2-47, and assault, Code § 18.2-57
1680223 Timothy Lee Wood, Sr. v. Commonwealth of Virginia 11/08/2023
Trial court did not abuse its discretion in excluding testimony from appellant’s daughter that complaining witness made sexual advances to appellant where appellant failed to proffer the specific testimony he would have elicited from his daughter
1691223 Caleb Rashaad Nowlin v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to convict appellant of the charge against him, Code § 18.2-61
0220222 Bruce Eric Anderson v. Commonwealth of Virginia 10/31/2023
Judgment affirmed in part as to appellant’s conviction for arson of an unoccupied building in violation of Code § 18.2-77; judgment reversed in part as to appellee’s conviction for maliciously burning a structure with property inside valued at $500 or more, Code § 18.2-80; case remanded for retrial on lesser included offense of misdemeanor burning a structure
0231231 Tyrone Lamont Holloway v. Commonwealth of Virginia 10/31/2023
Trial court did not err by dismissing appellant’s motion to vacate his 2013 convictions for abduction and rape, claiming extrinsic fraud under Code § 8.01-428(D)
0300231 Scott Edward Pease v. Commonwealth of Virginia 10/31/2023
Trial court did not err in convicting appellant of two counts of violating a protective order under Code § 16.1-253.2 as the evidence was sufficient to prove that appellant knew the protective order existed and he sent audio and text messages to the victim in violation of the order
0698222 Sandeep Yadav, et al. v. Rajeeva Agrawal, et al. 10/31/2023
Trial court did not err in ruling appellees had the necessary voting power to execute a valid written consent to remove appellant as a manager; no error in court’s decision to decline to treat the designated agreed value of the contributions in the January 2009 operating agreement as the actual amount of contributions made by the members
1087221 Eleanor A. Hunter, et al. v. Charles M. Hunter, Jr. 10/31/2023
Trial court did not err in finding that Charles M. Hunter, Jr. did not violate the terms of the no-contest provision in a trust agreement by making certain arguments in response to appellant’s counterclaim and on appeal
1134221 Bon Secours-Depaul Medical Center, Inc., etc., et al. v. Vasilia C. Rogakos-Russell, etc 10/31/2023
Trial court did not err in finding decedent’s hearsay statements regarding his fall did not require corroboration under the Virginia Dead Man’s Statute, Code § 8.01-397; no abuse of discretion in failing to strike testimony of estate’s expert witnesses, denying demonstrative exhibit, and refusing certain jury instructions; no error in denying motions to strike and set aside verdict
1237221 Charles M. Hunter, Jr. v. Eleanor A. Hunter, et al. 10/31/2023
Trial court did not abuse its discretion in permitting Eleanor Hunter to present certain evidence and testimony that was not disclosed according to the timeline set out in the scheduling order; no abuse of discretion in granting Eleanor Hunter’s request for attorney fees and denying appellant’s request for fees
1319221 Mid-Atlantic Women's Care, P.L.C. v. Gloria Kontaratos 10/31/2023
Trial court did not abuse its discretion by denying appellant’s motion for a mistrial based on doctor’s absence during part of the trial where court repeatedly instructed the jury not to make any assumptions or draw any inferences from the doctor’s absence; appellant did not meet its burden of proving its rights were so indelibly prejudiced as to require a mistrial
1876221 David Owen Preston v. Commonwealth of Virginia 10/31/2023
Trial court did not err in denying appellant’s motion to suppress evidence where appellant, who was obviously intoxicated and who continued to consume alcohol in a running car, was located in a parking area within plain view of the officer, Code § 18.2-266
0030231 Kevin Lamont Walker v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it weighed the evidence and imposed a sentence that did not exceed the statutory maximum; argument that the court erred in denying appellant’s motion for funds to hire a private investigator is waived as appellant entered an unconditional no contest plea to the charges and his argument does not challenge the trial court’s jurisdiction
0084234 Chantal H. Mehrabani v. BJ's Wholesale Club, Inc. 10/24/2023
Commission’s award of permanent partial disability benefits based on a 7% impairment of the right upper extremity affirmed
0225232 Cynthia P. Oliver v. Kimberly A. Pinchbeck, P.C. 10/24/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0531233 Terry Allen Riggleman v. Commonwealth of Virginia 10/24/2023
Trial court did not err by dismissing appellant’s petition for declaratory judgment; sentencing order challenged by appellant was not void ab initio
0594222 Amanda L. Reece v. Henrico County Department of Social Services 10/24/2023
Trial court did not err when it terminated appellant’s parental rights under Code § 16.1-283(C)(2) and approved the foster care goal of adoption; no error in court’s determination that appellee provided reasonable and appropriate services to appellant and termination was in the best interest of the children
0770222 Mohammed Hussein Abanda v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding sufficient evidence to convict appellant of two counts of abduction for pecuniary benefit in violation of Code § 18.2-48 and conspiracy to commit abduction for pecuniary benefit in violation of Code § 18.2-22
0786232 Commonwealth of Virginia v. Rarmil Malick Coley Pettiford 10/24/2023
Trial court erred in its interpretation of the plain language of Code § 19.2-409 and the dismissal of the charges against appellee on statutory speedy trial grounds; ruling reversed and case remanded
0787232 Commonwealth of Virginia v. Ra'Shard Marquis Jackson 10/24/2023
Trial court erred in its interpretation of the plain language of Code § 19.2-409 and the dismissal of the charges against appellee on statutory speedy trial grounds; ruling reversed and case remanded
0879221 Curtis Antonio Mitchell v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it rejected appellant’s proposed jury instructions B and C; no abuse of discretion in refusing appellant’s voir dire question nine
1009221 Jamaal Denzel Brown v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding evidence sufficient to prove appellant was the person who shot the victim and convict him of malicious wounding and use of a firearm in the commission of a felony
1018221 Brian Kenneth Robinson v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it imposed an active term of incarceration of five years after appellant incurred a new criminal conviction during the suspension period
1044221 Amber Nicole Ethel Shelton v. Commonwealth of Virginia 10/24/2023
Judgment affirmed as trial court did not err in finding sufficient evidence to convict appellant of driving a vehicle under the influence of alcohol and while her license was revoked for a prior DUI, Code §§ 18.2-266, 18.2-270, and 46.2-391(D)(2)(a)(ii); any error in admitting the certificate of analysis into evidence at trial was harmless
1369223 Robert Dunn Hudson v. Lynsey Alexis Massie, et al. 10/24/2023
Judgment affirmed as trial court did not err when it found that appellant’s withholding of his consent for the appellees to adopt the minor children was contrary to the best interests of the children under Code § 63.2-1205; court’s refusal to admit proffered transcripts from appellant’s domestic violence criminal trial for impeachment purposes was harmless error
1421224 EN & SH Properties, LLC, et al. v. Milton Gristo 10/24/2023
Commission’s award for claimant’s temporary total disability wage loss and medical benefits is affirmed; subrogation issue is not ripe for review as no subrogation claim was before the Commission
1462221 Precise Earl Mosley v. Commonwealth of Virginia 10/24/2023
Judgment affirmed as argument that appellant did not enter his guilty pleas freely and voluntarily is barred by Rule 5A:18 and no manifest injustice will result by applying the rule; no abuse of discretion as to the sentence imposed by the court
1626223 Wesley Allen Glenn v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding sufficient evidence for jury to convict appellant of animal cruelty pursuant to Code § 3.2-6570
1912221 Alphonzo Lamont Smith v. Commonwealth of Virginia 10/24/2023
Judgment affirmed in part as to court’s denial of motion for new trial on ineffective assistance of counsel claim and denial of motion to strike; judgment reversed in part as to court’s application of incorrect legal test for Brady claims; argument as to use of preliminary hearing testimony barred by Rule 5A:18; case remanded for court to conduct a new Brady hearing
0152233 Paul Travis Greer v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion by imposing an active sentence of two years for unlawful wounding as it was within the applicable statutory range and the court expressly considered the mitigating evidence as well as the egregious facts of the case
0552222 Mark Marsh, s/k/a Mark V. Marsh v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion in sentencing appellant on his guilty plea to carjacking with use of a firearm and permitting the Commonwealth to amend the Virginia Crime Code number for that charge on the indictment after the sentencing hearing as appellant’s arguments are inconsistent with his plea, made voluntarily and in accordance with the written agreement
0850222 Keith Wayne Rivers v. Commonwealth of Virginia 10/17/2023
Trial court did not err when it found evidence was sufficient for jury to convict appellant of attempted unlawful creation of an image of a nonconsenting minor, Code § 18.2-386.1
0993222 Rhasean Shamar Anderson v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as sentence was imposed after court considered mitigating circumstances in addition to aggravating factors; argument regarding motion to vacate sentence without a hearing barred by Rule 5A:20; argument regarding judge barred by Rule 5A:18; argument regarding withdrawal of guilty plea cannot be considered in the absence of a timely-filed transcript
1241221 Kalen Terrell Reagins v. Commonwealth of Virginia 10/17/2023
Trial court did not err in denying motion to suppress evidence as court correctly determined the initial encounter between appellant and police was consensual, the court also correctly determined the point at which the seizure of appellant occurred, and the officers had a reasonable, articulable suspicion of criminal activity when they seized appellant
1242224 Madera Farm, LLC v. Prince William County Board of County Supervisors 10/17/2023
Trial court did not err in affirming BZA’s decision as evidence established nonagricultural excavation materials were brought to or stored on the property and evidence also demonstrated a land disturbance violation; appellant’s arguments challenging the constitutionality and validity of the underlying ordinances are not cognizable in this appeal
1316221 Marqui Rashawn Pittman v. Commonwealth of Virginia 10/17/2023
Trial court did not err in finding evidence was sufficient for jury to convict appellant of murder, robbery, and use of a firearm in the commission of those offenses as a principal in the second degree; no abuse of discretion when court denied appellant’s proposed accessory-after-the-fact jury instructions
1385221 Jerome Lee Wilkerson v. Commonwealth of Virginia 10/17/2023
Judgment reversed and indictment dismissed as evidence was insufficient to prove appellant’s knowing possession of cocaine found in his property bag located in an area accessible to the general jail population
1471221 Mark Lshaun Perry Mitchell, s/k/a Mark Lshaun Perry-Mitchell v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea as the motion was not made in good faith, there was no misunderstanding concerning the consequences of pleading guilty to robbery, appellant had not proffered a reasonable basis for contesting guilt, and permitting the withdrawal would prejudice the Commonwealth
1496224 Lasha Briscoe v. Brian Briscoe, Jr. 10/17/2023
Judgment affirmed as argument that trial court failed to comply with the requirements of Code §§ 20-108.1 and 20-108.2 is barred by Rule 5A:18; evidence was sufficient to support court’s decision to deviate from the child support guidelines as to private school tuition; argument about income calculation barred by Rule 5A:18
1655224 William Roy Foster v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as appellant’s argument that the evidence was insufficient to sustain his conviction for statutory burglary is barred by Rule 5A:18; appellant also failed to properly invoke either exception to Rule 5A:18
1718223 In Re: Jared R. Jenkins 10/17/2023
Trial court did not abuse its discretion when it revoked appellant’s privilege to appear as counsel in that court where his unfounded attacks against the integrity of the circuit court constituted misconduct for which the court was permitted to discipline him
1719223 In Re: Jared R. Jenkins 10/17/2023
Trial court did not abuse its discretion in holding appellant in contempt upon his failure to pay previously ordered sanctions
1810223 Brian Odell Bailey v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as argument that trial court failed to make a factual inquiry into appellant’s ability to pay court costs is barred by Rule 5A:18 and the exceptions to that rule do not apply; second assignment of error concerning a technical violation is insufficient pursuant to Rule 5A:20(c)(2); no abuse of discretion in revoking balance of appellant’s sentence
1952223 Daniel Anderson Davis v. Commonwealth of Virginia 10/17/2023
Trial court did not err in denying appellant’s motion in limine to exclude text messages at the sentencing hearing as the circumstances and context supplied indicia of reliability; no abuse of discretion in court’s imposition of an active sentence of 12 years in prison
1969222 Justin Glenn Carter v. Commonwealth of Virginia 10/17/2023
Trial court did not err when it found the evidence was sufficient to convict appellant of making a false statement on a firearms transaction record in violation of Code § 18.2-308.2:2
1996223 Nathan Tashombe Younger v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as argument that trial court erred in not striking a juror for cause on its own motion is barred by Rule 5A:18 and appellant has failed to establish a manifest injustice in order to invoke the ends of justice exception to the rule
0675222 Steve Wayne Shifflett v. Commonwealth of Virginia 10/10/2023
Petition for rehearing en banc granted
0780222 Montel Jaleek Wilson 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 continuance requests, by refusing to strike two jurors for cause, or by denying appellant’s motion for mistrial based on purported juror misconduct
1110224 Kennedy Lyn Jenkins v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as trial court did not abuse its discretion by excluding cell phone video proffered by appellant at trial; no abuse of discretion in refusing proffered instructions on right to resist an unlawful arrest; no abuse of discretion in adjudicating appellant as delinquent; argument as to sufficiency of the evidence barred by Rule 5A:20
1170223 Whitney Nicole Mabe v. Smyth County Department of Social Services 10/10/2023
Trial court did not abuse its discretion in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) or in allowing expert testimony concerning the effects of removing the child from her current foster placement
1179223 Whitney Nicole Mabe v. Smyth County Department of Social Services 10/10/2023
Trial court did not abuse its discretion in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
1263222 Benny McCroskey, s/k/a Benny W. McCroskey v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as trial court lacked jurisdiction to grant the relief appellant sought in his motion filed more than twenty-one days after entry of the final orders
1315224 Catalin Filipeanu v. Commonwealth of Virginia 10/10/2023
Affirmed defendant’s conviction for maiming while driving under the influence, finding that the number and level of intoxicants in the defendant’s system and his resulting inability to respond effectively to an emergency situation rose to the level of criminal negligence.
1338224 Samantha Ashley Scott v. Randy Lynn Scott 10/10/2023
Affirmed the circuit court’s valuation of the marital residence as hybrid property and its division of that property between the parties, noting that Virginia courts do not require any specific method of valuation, only that all relevant statutory factors are considered.
1394223 Qu'Shawn Tylekk Manns v. Commonwealth of Virginia 10/10/2023
Trial court did not err in finding evidence sufficient to support appellant’s convictions as the uncorroborated testimony of three accomplices was not inherently incredible and appellant’s alibi evidence was rejected by the jury
1402224 John K. Leo v. Dannah A. Leo 10/10/2023
Affirmed the circuit court’s calculation of the value of one spouse’s military retirement pay, and found that all 13 factors were appropriately considered in crafting a spousal support award in light of that value.
1493223 Cristian Jose Sanchez Gomez, s/k/a Cristian Jose Sanchez-Gomez v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as appellant’s argument as to whether his plea of no contest was knowingly and voluntarily made is barred by Rule 5A:18; ends of justice exception does not apply because appellant failed to show a manifest injustice occurred
1697224 Charles William Newman, III v. Commonwealth of Virginia 10/10/2023
Trial court did not abuse its discretion when it admitted an incriminating jail call recording as it did not violate appellant’s Sixth Amendment confrontation right and did not qualify as hearsay; evidence was sufficient to convict appellant of malicious wounding; claims concerning court’s denial of a motion for mistrial and motion to set aside sentence cannot be considered, Rule 1:1
1721223 Barry Watson Shough v. Commonwealth of Virginia 10/10/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possessing a firearm after being convicted of a violent felony
0167232 Monte L. Lewis v. Vatrese Sharnissa Myrick 10/03/2023
Judgment affirmed as a properly filed transcript of the hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii), and appellant failed to provide the requisite notice to appellee and guardian ad litem upon filing a written statement of facts
0177232 Eric Grueninger v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion by dismissing appellant’s motion to vacate his 2017 convictions for lack of jurisdiction, Rule 1:1
0697222 Augustus Andre Damon Rhodes, a/k/a Agustus Andre Damone Rhoades v. Commonwealth of Virginia 10/03/2023
Judgment affirmed as any potential error in the admission of appellant’s statements to Detective Horn during appellant’s cross-examination was harmless; no error in denial of motion to suppress; evidence was sufficient to convict appellant of abduction, first-degree felony murder, and use of a firearm in furtherance of a felony
0799223 Michael Lynn Stables v. Commonwealth of Virginia 10/03/2023
Trial Court did not abuse its discretion in sustaining the Commonwealth’s objection to appellant’s attempt to identify the confidential informant as the identity and any bias potentially affecting the information he provided to the investigator were irrelevant and immaterial to appellant’s case
0987221 Terrance Delvon Lindsey v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion when it admitted photographs of victim’s injuries as the preponderance of the evidence established a sufficient nexus between the injury and the assault and unfair prejudice did not substantially outweigh the probative value of the photographs; evidence was competent, credible, and sufficient to convict appellant of unlawful wounding
1057221 Oksana Marinaro v. Domenick A. Marinaro 10/03/2023
Judgment affirmed as timely-filed transcripts of the entire April 2022 hearing, February 2022 pretrial conference, and June 2022 hearing, or written statements of facts in lieu of transcripts, are necessary to permit a review of the merits of the majority of appellant’s assignments of error, Rule 5A:8(b)(4)(ii); potential error in calculating duration of marriage was harmless
1066223 Jacqueline D. Davis, etc. v. Liberty Ridge Healthcare Group, LLC, etc., et al. 10/03/2023
Judgment affirmed as a timely-filed transcript of the June 7, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1075224 Laquinta Diane Morris v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion in admitting cell phone videos as they satisfied the authentication requirement of Va. R. Evid. 2:901; admission of the cell phone videos did not unfairly prejudice appellant
1169223 Sean Andrew Barb v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion when it found appellant had been released “from any and all incarceration” while participating in the Community Corrections Alternative Program and revoked appellant’s previously suspended sentences, Code § 53.1-67.9
1358224 Amelia Elze v. Jeanette Leyton 10/03/2023
Trial court did not abuse its discretion by interpreting its Rule 4:10 order to preclude Dr. Wattenmaker from asking appellee about her medical history; no abuse of discretion in excluding the doctor’s deposition testimony; any error in excluding appellee’s August 25, 2017 medical record was harmless
1583221 Joseph Merlino v. City of Virginia Beach 10/03/2023
Judgment affirmed as argument that appellant never physically abused or neglected the child is barred by Rule 5A:18; no error in finding the child was abused or neglected based on appellant’s violent and threatening actions; no error in entry of a protective order restricting appellant’s contact with child
1623224 Raney Ibrahim Elbarbary v. Tamara Lee Bond 10/03/2023
Judgment affirmed as a timely-filed transcript of the hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1638223 Michael S. Gray v. J. Daniel Cullers, Commissioner of the Revenue 10/03/2023
Judgment affirmed as appellant failed to assign error to the trial court’s alternate rulings, failed to raise a timely objection to the authorities the Commissioner argued at the hearing, and did not argue to the trial court that the Commissioner was in default under Rule 3:19 (argument was raised for the first time in his written statement of facts but no ruling was issued), Rule 5A:18
1676223 Jenifer Rebecca Gordon v. Commonwealth of Virginia 10/03/2023
Judgment affirmed as any error in denying separate trials was harmless; no error in denial of appellant’s motion to suppress; evidence was sufficient to prove strangulation of step-daughter; argument about sufficiency of the evidence to convict appellant of assault and battery on a law-enforcement officer barred by Rule 5A:18
1725222 Robert Steven Maxey, Jr. v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion by sentencing appellant to a four-year term of active incarceration after revoking his suspended sentences as it considered his mitigation evidence; no abuse of discretion in denial of appellant’s motion to modify his revocation sentence
1749221 Travis Leon Watson v. Commonwealth of Virginia 10/03/2023
Judgment affirmed where appellant’s argument that trial court abused its discretion when it imposed a sentence of active incarceration of six months after revoking his probation is barred by Rule 5A:18
1843222 Robert Leonard Huffman v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence as there was reasonable cause to conclude that he willfully violated the conditions of his probation
1908224 Bonnie Burkhardt v. Penney Azcarate, Chief Judge 10/03/2023
Trial court did not err when it sustained appellee’s demurrer as the petition filed in the trial court wholly failed to state a claim against the appellee
0009234 Derrick Terrell Newman v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion as to the sentence imposed as the court considered all the evidence before it, including appellant’s mitigation evidence, and the sentence was within the ranges set by the legislature
0532232 Billy Enrique Delcid-Solis v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
0681233 Richard Earl Martin v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion when it denied appellant’s motion for bail, based on an unreasonable risk of harm to the public, after appellant was arrested for violating his probation
0906222 Victor Jermaine Russell Jackson v. Commonwealth of Virginia 09/26/2023
Trial court erred in denying appellant’s request for court-appointed counsel at his trial on June 7, 2022 and in requiring him to proceed to trial without an attorney, Code §§ 19.2-157, -159, 160; convictions reversed and case remanded for a new trial if the Commonwealth is so inclined
0945221 Tony Bryan Smith v. Commonwealth of Virginia 09/26/2023
Trial court did not err when it determined it lacked jurisdiction to consider appellant’s motion to vacate his 2011 convictions as the judgment at issue was not void
1069221 Sean Anthony McNeil v. Commonwealth of Virginia 09/26/2023
Trial court did not err in convicting appellant of second-degree murder and use of a firearm where the facts and circumstances of the shooting were sufficient to prove beyond a reasonable doubt that appellant acted with malice, not in the heat of passion or in self-defense, when he shot the victim
1109182 Wayne Kenneth Martin v. Hanadi Al-Samman 09/26/2023
Judgment affirmed as trial court did not err in incorporating separation agreement into the divorce decree; to the extent appellant claims separation agreement was fraudulent, argument barred by Rule 5A:20(e); no error in court’s treatment of appellant’s motions made upon remand nor in its award of attorney fees to appellee
1207222 City of Richmond v. Kenneth W. Tucker 09/26/2023
No error in Commission’s finding that claimant sustained a compensable injury to his back and spine as a result of an accident; no error in reversing the deputy commissioner’s credibility determinations
1273223 Amanda Marie Sprinkle v. Roanoke City Department of Social Services 09/26/2023
Judgment affirmed as trial court did not err when it terminated appellant’s parental rights pursuant to Code § 16.1-283(B); to the extent appellant argues Code § 16.1-283 requires DSS to prove termination of her residual parental rights was the only available remedy for the court, it is barred by Rule 5A:18
1277221 Robert Burton Weisenbeck v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion by sentencing appellant to the statutory maximum sentence set by the General Assembly; no abuse of discretion in denying appellant’s motion to reconsider as, absent contrary evidence in the record, the court is presumed to have considered the mitigation evidence and arguments, as well as correctly applied the law
1439221 Oksana Marinaro v. Parks Zeigler, PLLC 09/26/2023
Judgment affirmed as a timely-filed transcript of the entire August 23, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1453224 Kevin Bartley Kerns v. Commonwealth of Virginia 09/26/2023
Trial court did not err in finding evidence was sufficient to convict appellant of knowingly and intentionally possessing cocaine as he owned the truck, was the driver and sole occupant of the truck, sat near the spoon containing cocaine and the “smoking device” behind his seat, and admitted he knew “it” had been there for at least a month and had recently smoked crack cocaine
1494223 Evan Elijah Paxton v. Jennifer Sue Paxton 09/26/2023
Judgment affirmed as trial court did not err in finding appellant had actual notice of the hearing to enter the divorce decree; argument that court abused its discretion when it valued the bank accounts barred by Rule 5A:20(e)
1509221 Peter W. Baber, s/k/a Peter Babar v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as appellant’s argument regarding admissibility of Detective Austin’s opinion testimony is barred by Rule 5A:20(e)
1603221 Susan Neal Matousek v. City of Virginia Beach 09/26/2023
Judgment affirmed as a timely-filed transcript of the August 8, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1658222 Evan Scott Anthony v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as appellant’s argument that the court erred at sentencing by concluding that it lacked jurisdiction under Code § 19.2-303.6 to defer disposition based on his autism is barred by Rule 5A:18
1851224 Darrin Mark Robertson v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as a timely-filed transcript of the revocation hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1962224 Yared Tekle Denbu v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as argument that trial court erred in denying a proposed jury instruction on self-defense is barred by Rule 5A:18; argument that court erred in denying a proposed instruction on defense of others barred by Rule 5A:20 and because it was not supported by more than a scintilla of evidence
0017231 Adrian Nicholas Jeremiah Smith v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion when it sentenced appellant to an active term of six years as the court considered all the evidence, including appellant’s mitigation evidence, and imposed a sentence within the range set by the legislature
0645222 Neil Evan Wolfe v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as appellant waived his constitutional challenge to the trespassing charge under Rule 3A:9; argument that his conduct did not violate the administrative code barred by Rule 5A:20; exception in Code § 18.2-419 does not apply; no abuse of discretion in admission of Commonwealth’s jury instruction on picketing; conviction for obstruction was valid
0690232 Commonwealth of Virginia v. Wendell Randall-Smith 09/19/2023
Trial court did not err in granting appellee’s motion to dismiss based on speedy trial grounds as the Commonwealth failed to meet its burden to prove “that the delay was based on ‘one of the reasons enumerated in Code § 19.2-243 or on the accused’s waiver, actual or implied, of his right to be tried within the designated period’”
0769222 John D. Cumberland v. Board of Supervisors of Middlesex County, et al. 09/19/2023
Trial court did not err in dismissing a petition for a writ of certiorari filed pursuant to Code § 15.2-2314 on the ground that appellant lacked standing as he failed to plead sufficient facts establishing a particularized harm resulting from the BZA’s decision
0830221 Rakeem Ja-Hon Hodges v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as any error in trial court’s admission of an unredacted conviction order was harmless; evidence was sufficient to convict appellant of possession of a firearm after conviction of a violent felony as officer’s testimony was not inherently incredible; no error in court’s revocation of appellant’s previously suspended sentence based on the new conviction
0841222 Nichole Fogleman v. Commonwealth of Virginia, et al. 09/19/2023
Trial court did not err in granting the Commonwealth’s and Virginia Commonwealth University’s plea of sovereign immunity as the General Assembly did not expressly or by necessary implication waive sovereign immunity under the Virginia Human Rights Act
0877222 Pamela Kay Humphries v. Robert Brian Buchanan, et al. 09/19/2023
Petition for rehearing en banc granted
1028221 Elijah Samuel Davis Nottingham v. Commonwealth of Virginia 09/19/2023
Trial court erred in denying the motion to suppress evidence where the appellant’s vehicle was lawfully impounded under the community caretaker doctrine, but the search of the vehicle did not fall under the inventory search exception; Commonwealth’s probable cause argument cannot be considered on appeal; conviction reversed and case remanded for further proceedings
1056223 Lashawn Donnell Gordon v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion in admitting victim’s hearsay statements about the sexual abuse, Code § 19.2-268.2; evidence was sufficient to convict appellant of sexual abuse of a child, Code §§ 18.2-67.4:2 and 18.2-67.10; computer solicitation of a child, Code § 18.2-374.3(C)(3); and custodial indecent liberties, Code § 18.2-370.1
1117223 Todd Puckett v. Tamara Senger 09/19/2023
Judgment affirmed in part as trial court did not err in granting a divorce based on appellant’s incarceration, applying the parties’ agreement to the property award, requiring appellant to pay portions of expenses related to appellee’s property, and determining child support award; judgment reversed in part as to court’s finding that items #9 and #10 were marital property
1175223 Justin Scott Murphy v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as trial court did not abuse its discretion in denying motion to dismiss on speedy trial grounds; constitutional speedy trial claim, jury voir dire argument, and amendment of jury verdicts argument barred by Rule 5A:18; evidence was sufficient to prove appellant committed the charged crimes
1209222 Quantell Tonette Bowser v. Commonwealth of Virginia 09/19/2023
Trial court did not err in finding evidence was sufficient to convict appellant of petit larceny; no abuse of discretion in court’s denial of appellant’s request to defer disposition under Code § 19.2-303.2 as the court lacked authority to do so
1270222 Maria Velazquez v. Dan River Window Co., Inc., et al. 09/19/2023
No error in Commission’s finding that appellant failed to prove a compensable injury by accident
1465221 Bartholomew Junior Sebrell v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion in sentencing appellant for assault of a police officer and obstruction of justice as the sentences were within the ranges set by the legislature and the court expressly acknowledged it would take appellant’s argument into consideration; no abuse of discretion by court in revoking appellant’s previously suspended sentence
1486224 John Francis Grimes v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as appellant’s argument that evidence was insufficient to support convictions because it failed to prove he maintained a custodial or supervisory relationship with victim, Code § 18.2-370.1, is barred by Rule 5A:18
1537224 Michael John Star v. Commonwealth of Virginia 09/19/2023
Trial court did not err in finding evidence was sufficient to convict appellant of falsely reporting a crime to the police, Code § 18.2-461(i); argument that court abused its discretion by prohibiting appellant from filing lawsuits against certain parties without prior approval by the court barred by Rule 5A:18; ends of justice exception does not apply
1545223 Tesha Camelle Joyce v. Roanoke City Department of Social Services 09/19/2023
Trial court did not err in finding child was abused or neglected, Code § 16.1-228; no error in court’s approval of foster care plan, grant of custody to DSS, and denial of appellant’s request for custody
1896222 Jamaica-Autumn M. Miller v. Hopewell Department of Social Services 09/19/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(E)(i) given the evidence supporting its finding that the termination was in the child’s best interests
0035234 Kevin Kost v. Commonwealth of Virginia 09/12/2023
Judgment reversed as trial court abused its discretion by denying appellant’s petition for expungement under Code § 19.2-392(A) notwithstanding the presentation of uncontested evidence by appellant and satisfaction of his burden to prove a “reasonable probability” of manifest injustice; case remanded for entry of order granting petition for expungement
0168231 Omar B. Mohammad v. Commonwealth of Virginia 09/12/2023
Judgment affirmed as appellant’s argument that the court erred in finding the evidence was sufficient to convict him of possession of a firearm by a non-violent felon is barred by Rule 5A:18; appellant fails to establish that the application of the ends of justice provision of Rule 5A:18 is appropriate
0173231 Christian Coleman v. Commonwealth of Virginia 09/12/2023
Trial court did not abuse its discretion in sentencing appellant on his guilty pleas to incarceration for five years and six months with three years and six months suspended after weighing appellant’s mitigating evidence against his criminal history, including assault and battery of a law enforcement officer and a prior firearm charge
0399221 Fletcher Thornwell v. City of Hampton Department of Social Services 09/12/2023
Trial court did not err in denying appellant’s motion to strike and by finding that the child was abused or neglected, Code § 16.1-228(1); no error in transferring custody of the child to the maternal grandmother pursuant to the provisions of Code § 16.1-278.2(A1)
0675222 Steve Wayne Shifflett v. Commonwealth of Virginia 09/12/2023
Judgment reversed and case remanded where appellant’s failure to complete a sex offender treatment program and 200 hours of community service at a location approved by his probation officer were failures to “follow the instructions of the probation officer,” Code § 19.2-306.1(A)(v), and should have been treated by the court as a first technical violation
0753224 Daquil Raheem Smith v. Commonwealth of Virginia 09/12/2023
Trial court did not err in denying appellant’s motion to suppress evidence as his Fourth and Fifth Amendment rights were not violated; no error in convicting appellant of use of a firearm in the commission of murder when he was convicted of manslaughter; no abuse of discretion by court in imposing the maximum ten-year sentence for voluntary manslaughter
0756221 Darrell Delano Washington v. Commonwealth of Virginia 09/12/2023
Trial court did not err when it convicted appellant of aggravated sexual battery as the evidence was sufficient to prove the offense beyond a reasonable doubt
1025224 Edlyn Eldridge Smith, et al. v. Peggy Ridley 09/12/2023
Judgment affirmed as a timely-filed transcript of the June 23, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of Smith’s assignments of error, Rule 5A:8(b)(4)(ii); without a complete record, no evidence that Smith presented the specific arguments to the trial court that are being advanced on appeal, Rule 5A:18
1093222 Abigail Lynn Prussia, a/k/a Abigail Lynn O'Neal v. Commonwealth of Virginia 09/12/2023
Trial court did not abuse its discretion when it sentenced appellant within the sentencing guidelines, which was consistent with her request after failing to provide a urine sample
1216224 Windset Capital Corporation v. Thomas Debosky, et al. 09/12/2023
Trial court did not err in vacating the default judgment order; no error in vacating the default judgment order outside of the twenty-one days after entry of the final order provided in Rule 1:1 as a void order can be attacked at any time; court’s ruling does not implicate the statute of limitations provided in Code § 8.01-428(A) and was not based on Code § 8.10-428(D)
1430224 En'Dayia Danielle Boler v. Fairfax County Department of Family Services 09/12/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s first and second assignments of error, Rule 5A:8(b)(4)(ii); trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
1506224 Marcia Louise Johnson v. Commonwealth of Virginia 09/12/2023
Trial court did not err when it found the evidence sufficient to convict appellant of possession of methamphetamine as a rational fact finder could conclude from the evidence that she knowingly and intentionally possessed the drug and the evidence did not contain a reasonable theory of innocence
1566224 Kristin Lynn Burns v. Kenneth Williams Sullivan 09/12/2023
Judgment affirmed as trial court did not err in appointing a guardian ad litem for child, Code § 64.2-2003; no abuse of discretion by not appointing counsel for child and not compelling his appearance in court; appellant arguments regarding her requests for a status hearing barred by Rule 5A:20(e); remaining assignments of error abandoned and barred by Rule 5A:20(e)
0861224 Eric Lamont Green v. Commonwealth of Virginia 09/05/2023
Trial court did not err in denying motion to suppress as the stop was a lawful investigative detention supported by reasonable suspicion, officers did not extend the stop beyond the time necessary to accomplish the mission, and the gun was in plain view; evidence was sufficient to convict appellant of reckless driving, felony eluding, and violation of Code § 18.2-308.2
0915223 James Norman Massey v. Commonwealth of Virginia 09/05/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery of a family member based on the testimony and significant corroborating evidence presented to the jury; evidence was also sufficient to show that appellant intended to strike the deputies and his actions constituted assault and battery of a law enforcement officer
0939221 Matthew Revell-Walgorski, s/k/a Matthew Revell-Waligorski v. Commonwealth of Virginia 09/05/2023
Appeal dismissed where appellant failed to establish the trial court had subject-matter jurisdiction to consider his motion to modify or reduce his sentence, Code § 19.2-295.2; case remanded for court to vacate the April 5, 2022 order and dismiss appellant’s motion
1034224 Dominique Derick Hinton v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as trial court did not err in refusing to quash indictments based on alleged due process violations or in denying motion to suppress; no error in rejection of entrapment defense; no error in refusal to find appellant possessed cocaine and heroin with intent to distribute as an accommodation; argument regarding denial of a preliminary hearing barred by Rule 5A:18
1067221 Solomon Jerome Miller v. Commonwealth of Virginia 09/05/2023
Judgment reversed and case remanded where trial court abused its discretion in admitting and considering Exhibit 8, the extract of a witness’ testimony from the preliminary hearing transcript, for the truth of the matter asserted as it was inadmissible hearsay; court’s error was not harmless; evidence was sufficient to convict appellant of possession of a firearm, Code § 18.2-308.2(A)
1154224 Shea Curtis, Administrator of the Estate of Mary Jo Curtis v. Christopher Highfill, M.D. 09/05/2023
Judgment affirmed as argument regarding the admissibility of the 2015 letter is barred by Rule 5A:18; no abuse of discretion by court when it read the instruction regarding compensatory damages to the jury or allowed appellee to reference the compensatory damage award during opening and closing arguments
1268221 Octavia Renay Bandy v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion by denying appellant’s request that it run her revoked time concurrent with sentences received in another jurisdiction after considering all of the evidence, including mitigating evidence
1292224 Gregory A. Kwiatkowski, et al. v. State Board for Community Colleges 09/05/2023
Trial court did not err when it dismissed case due to sovereign immunity and lack of standing where appellants failed to allege proper standing and offered no evidence to support standing beyond generalized grievances as members of the public
1491224 Alan Emin Halac v. A.N.H., By Next Friend Angela Lumley 09/05/2023
Trial court did not err in its issuance of a protective order against appellant as the evidence supports the ruling; no abuse of discretion in awarding possession of a dog to appellee through the protective order
1804223 Antonio Lamont Best v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion when it sentenced appellant after weighing appellant’s mitigation evidence against the seriousness of the crime and granting appellant’s request to adjust the discretionary sentencing guidelines in light of his acceptance of responsibility
1831224 Orlando Mitchell Hill v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as there was no abuse of discretion when court revoked the remainder of appellant’s two-year suspended sentence after demonstrating it was motivated by concern for appellant’s rehabilitation and well-being, as well as the safety of the community, and weighing his mitigation evidence; argument about a neutral and detached fact finder barred by Rule 5A:18
1889221 Edward R. Sykes v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as the arguments appellant asserts on appeal were not raised in the trial court and he does not invoke the good cause or ends of justice exceptions to Rule 5A:18
1898223 Ryan Clinton Durrett v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion by revoking appellant’s entire six-year sentence and reimposing the balance after noting his convictions for new offenses, his extensive criminal history, and determining he was dangerous to the public while also considering his mitigating evidence
2007222 Travis Oneal Bowden v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion when it sentenced appellant to a 13-year active term for his convictions of possession of cocaine, possession of heroin, possession of ammunition by a convicted felon, and two counts of distributing a controlled substance after considering all of the evidence before it, including appellant’s mitigation evidence
0155231 Perry Allen Miller v. Commonwealth of Virginia 08/29/2023
Trial court did not abuse its discretion when it revoked appellant’s probation and imposed a three-year active sentence in addition to a three-year sentence for a new firearm offense
0696221 Alfred Walter Little, Jr. v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as there was sufficient evidence to convict appellant of assault and battery of a law enforcement officer where the appellant touched the officer in a rude, insolent, and angry manner when he pushed the officer into a parked vehicle and subsequently attempted to trip him; argument about proof appellant knew this was a law enforcement officer barred by Rule 5A:20
0802221 Shawn William White v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as to argument that detectives’ identification of appellant in surveillance photos was not reasonable based upon their personal experience and observations as that particular objection was not made at trial; evidence was sufficient to sustain convictions; argument about probation revocation sentence is moot
1047224 Canaan Homes LLC, et al. v. Perchuhy Kazhoyan Cummings, et al. 08/29/2023
Judgment reversed and case remanded as the trial court erred in denying appellant’s motion for arbitration where the arbitration clause in the construction contract was unambiguous and enforceable and applied to both the underlying claims and questions of arbitrability; language of the arbitration clause was sufficient to incorporate the American Arbitration Association Rules
1368224 Michael Anthony Sherman v. Commonwealth of Virginia 08/29/2023
Trial court did not err in finding appellant violated his probation and his conduct was a special condition violation, not a technical violation, Code § 19.2-306.1; no abuse of discretion in court’s imposition of the balance of his previously suspended sentence; record indicates court considered appellant’s mitigation evidence
1448223 Elaine Renee Shampine, a/k/a Elaine Renea Shampine v. Roanoke City Department of Social Services 08/29/2023
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(B) as such termination was in the child’s best interests
1455223 Laura Gilman v. Lynchburg Department of Social Services 08/29/2023
Trial court did not abuse its discretion by admitting the report and opinion of an expert in clinical psychology dealing with parenting capacity based on an interview with appellant and results of her psychological tests; no error in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
1482223 George Gilman, s/k/a George Marvin Gilman v. Lynchburg Department of Social Services 08/29/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
1627223 Nathaniel R. Chiles, Sr. v. Shanna Sandidge 08/29/2023
Judgment affirmed as a timely-filed transcript of the September 1, 2022 custody hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1926224 Jeffrey Poole, et al. v. On Deck Capital, Inc. 08/29/2023
Judgment affirmed as there is no jurisdiction to review the July 25, 2022 order because a timely notice of appeal was not filed; a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error related to the September 9, 2022 hearing, Rule 5A:8(b)(4)(ii)
1959223 Allen Scott Wimer v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as trial court did not abuse its discretion when it imposed an 8-year and 295-day active sentence after revoking appellant’s previously suspended sentences after considering his mitigating evidence; argument that the probation violation was a second technical violation under Code § 19.2-206.1 barred by Rule 5A:20
0230233 Rachel Leanor Handy v. Commonwealth of Virginia 08/22/2023
Judgment affirmed as timely-filed trial transcripts, or a written statement of facts in lieu of the transcripts, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0248234 Perfect Landscape, LLC v. Nader P. Mansour 08/22/2023
Judgment affirmed as a timely-filed trial transcript of the November 18, 2022 hearing, or written statement of facts in lieu of the transcript, is necessary to permit a review of the merits of appellant’s arguments, Rule 5A:8(b)(4)(ii)
0877222 Pamela Kay Humphries v. Robert Brian Buchanan, et al. 08/22/2023
Judgment affirmed as a timely-filed transcript of the October 15, 2021 trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1264221 Samantha Dortch v. Commonwealth of Virginia 08/22/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1281221 Kaleb S. Nicol v. Commonwealth of Virginia 08/22/2023
Judgment affirmed where appellant’s argument that his Alford pleas were not entered intelligently and voluntarily is barred by Rule 5A:18; court did not abuse its discretion when it sentenced appellant as the record shows his mitigating evidence was considered and he was sentenced within the permissible statutory range
1282223 Daniel Keon Woody v. Commonwealth of Virginia 08/22/2023
Trial court did not err in finding appellant guilty of unlawful wounding and assault and battery as the Commonwealth’s evidence was competent, not inherently incredible, and sufficient to sustain the convictions
1694224 Vincent Anthony Cabrera Wesley v. Commonwealth of Virginia 08/22/2023
Trial court did not err in finding sufficient evidence to convict appellant of aggravated malicious wounding as victim’s concussion and other injuries sustained in the attack demonstrated a permanent and significant injury, Code § 18.2-51.2(A); no error in denial of appellant’s motions to strike based on an insanity defense
1744221 Corey Lance Hill v. Commonwealth of Virginia 08/22/2023
Trial court did not abuse its discretion in imposing an active term of two years and ten months of incarceration when it revoked appellant’s previously suspended sentences after weighing appellant’s mitigating evidence against his repeated violations of the conditions of his probation
1787222 Trevanta Rashad Yarborough, s/k/a Tre'Vante Rashad Yarborough v. Commonwealth of Virginia 08/22/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentences and imposed an active term of 2 years and 8 months as the term was not clearly inconsistent with the facts of the case and the record demonstrates the court considered the mitigating evidence
2003222 Joseph T. Elliott, Jr. v. La Krista M. Fant, et al. 08/22/2023
Judgment affirmed as there was no error in the trial court’s ruling divesting appellant of record title to the property at issue; argument regarding taxing $6,000 in commissioner’s fees and expenses to appellant barred by Rule 5A:18; remaining arguments barred by Rule 5A:20
0346221 Hank Larkin Smith, Jr. v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as trial court did not abuse its discretion by denying appellant’s proposed jury instruction on the meaning of “willful;” evidence was sufficient to prove appellant acted willfully and to show that his actions “caused or permitted” the child’s death; argument that evidence was insufficient to convict for felony homicide barred by Rule 5A:18
0507224 Ian Alexander Zimmerman v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as certain assignments of error cannot be evaluated without a properly filed transcript from September 17, 2021; assignments of error 2, 6, and 7 barred by Rule 5A:18; no error in court’s denial of appellant’s Batson challenges, in overruling objections to voir dire questions, in allowing testimony about head trauma, or in excluding character evidence
0514222 Matthew Scott Chapman v. Commonwealth of Virginia 08/15/2023
Trial court did not err in denying appellant’s motion to strike the evidence as the jury could infer from the totality of the evidence that appellant acted out of anger and reject his claim of self-defense; no abuse of discretion to deny appellant’s challenge to the jury instruction on the elements of shooting in the commission of a felony, Code § 18.2-53
0651222 Tyron K. Banks v. Commonwealth of Virginia 08/15/2023
Trial court did not abuse its discretion in sentencing appellant to a 15-year active sentence after revocation of his probation as it considered his mitigating evidence and imposed a sentence within the range allowed by statute
0659224 Salodus Zeloter Hicks IV, s/k/a Salodius Z. Hicks v. Commonwealth of Virginia 08/15/2023
Judgment reversed where trial court abused its discretion by denying appellant’s motion to strike Juror 49 for cause as the juror repeatedly demonstrated that he held a preconceived view which repelled the presumption of innocence; case remanded for new trial
0707223 Kevin Joseph Schandel v. Commonwealth of Virginia 08/15/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery of a police officer based on various overt actions by appellant; no error in rejecting appellant’s argument that he and the deputy had engaged in mutual combat
0725223 Quintial Louwell Spinner v. Commonwealth of Virginia 08/15/2023
Judgment affirmed where court allowed a witness to testify who had not been disclosed in accordance with Rule 3A:11, admitted a surveillance video and the breath analysis certificate, and allowed an expert’s testimony; evidence was sufficient to convict appellant of felony hit-and-run; argument regarding involuntary manslaughter barred by Rule 5A:18
0795224 Maurice C. Cox v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as appellant’s argument that trial court abused its discretion by finding appellant in violation of his probation cannot be evaluated as the record does not contain a transcript of the January 7, 2022 hearing; argument regarding court’s sentencing decision is barred by Rule 5A:18
1118223 Julia Barbour v. Carilion Medical Center, d/b/a Carilion Roanoke Memorial Hospital 08/15/2023
Trial court did not err in finding appellee was not negligent in this personal injury action
1247223 Ryan Mitchell Allen v. Commonwealth of Virginia 08/15/2023
Trial court did not err in denying motion to suppress evidence as the officers had reasonable suspicion to detain appellant and probable cause to arrest him, search his vehicle, and obtain a search warrant for his blood; Code § 18.2-268.2(A) did not apply in this case; no error in admitting the certificate of analysis
1355221 Kevin Orlando Bowles v. Commonwealth of Virginia 08/15/2023
Judgment affirmed because argument as to whether appellant’s guilty pleas were entered knowingly, intelligently, and voluntarily is barred by Rule 5A:18 and no manifest injustice will result by applying that rule; no abuse of discretion as to court’s sentencing as it received and considered his mitigating evidence
1432224 Board of Supervisors of Rappahannock County v. Joseph B. Long, et al. 08/15/2023
Judgment reversed as the Board of Supervisors reasonably denied the permit application for a proposed contractor’s yard, thus the decision was fairly debatable and should have been sustained
1451224 Jeremiah J. Atkins v. Joseph B. Long, et al. 08/15/2023
Judgment reversed as the Board of Supervisors reasonably denied the permit application for a proposed contractor’s yard, thus the decision was fairly debatable and should have been sustained
1673222 Wilber Alberto Rosa Avalos v. Commonwealth of Virginia 08/15/2023
Judgment affirmed where appellant’s argument that the trial court abused its discretion when it excluded testimony from a witness as hearsay is barred by Rule 5A:18
1845221 Alex Warren Tew v. Commonwealth of Virginia 08/15/2023
Trial court did not abuse its discretion by imposing four years of active incarceration and resuspending the remainder of appellant’s sentences after revoking his probation when he committed numerous probation violations, including using controlled substances and committing new felony offenses
0120224 Eric Lisann v. Elizabeth Lisann 08/08/2023
Trial court erred in omitting appellant’s request for a spousal support reservation from the final decree,
Code § 20-107.1(D); equitable distribution award of the Daniel Lewis property is vacated; spousal support award is
vacated based on any modifications made to the equitable distribution award; judgment affirmed in all other respects
0005233 James Frederic Brown, III v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as a timely-filed transcript of the September 26, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0623222 Michael Kevin McReynolds v. Commonwealth of Virginia 08/08/2023
Upon a rehearing - Judgment affirmed as appellant’s argument that trial court abused its discretion by admitting a double hearsay affidavit is barred by Rule 5A:18
0726223 Chris Everette Johnson v. Commonwealth of Virginia 08/08/2023
Trial court did not err in denying appellant’s motion to suppress evidence as the officer had a reasonable suspicion that appellant was armed and dangerous at the time of the search and conducted a limited search of those areas of the vehicle to which appellant would generally have immediate control and that could contain a weapon
0785223 Adrian Isaiah Gray v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as argument that trial court failed to strike a prospective juror for cause is barred by Rule 5A:18; no abuse of discretion in concluding the Commonwealth adequately authenticated the surveillance footage and still photographs taken from that footage and admitting them into evidence
0925223 Cathy Virginia Lovelace v. Eric Michael Robbinette 08/08/2023
Judgment affirmed as a timely-filed transcript of the May 24, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1030224 Raza H. Sikandar, s/k/s Raza Hasan Sikandar v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as there is no jurisdiction to consider appellant’s first two assignments of error because he did not file a timely notice of appeal challenging the final revocation order, Rule 5A:6(a); trial court did not have jurisdiction to consider appellant’s motion to withdraw his “guilty plea” filed three months after entry of the final revocation order, Rule 1:1(a)
1042224 Brenda Lee Taylor, Administrator of the Estate of Ricky El Taylor, Deceased v. David Posey, et al. 08/08/2023
Trial court did not err when it dismissed the appellant’s complaint as the facts, as alleged, support a finding that appellant’s COVID-19 was a covered disease under Code § 65.2-401; no error in application of the Act’s exclusivity provision and dismissal of the wrongful death claim
1098224 Eman Mahamed v. Alexandria City Public Schools, et al. 08/08/2023
Decision affirmed as appellant failed to seek a timely review of her January 26, 2021 award order and did not assign error to the Commission’s threshold finding that would have to be reversed before the average weekly wage could be modified
1126223 Daniel Lee Bowman v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as timely-filed transcripts of the trial and sentencing hearings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1128223 James Burton Childress v. Commonwealth of Virginia 08/08/2023
Trial court did not err in finding the evidence was sufficient to convict appellant of statutory burglary and grand larceny based on the combined force of the circumstantial evidence
1305224 Twenty-Nine Street Corridor, LLC v. Taj Corporation, et al. 08/08/2023
Trial court did not err in finding the mutual intent of the parties was reflected by the terms contained in Exhibit 11; appellant’s failure to plead fraud to the trial court before trial or preserve the allegation post-trial results in waiver of the issue; no error in ruling that appellant failed to prove any further rents due and owing from appellees
1457223 James Desper v. Commonwealth of Virginia 08/08/2023
Trial court did not err in holding that Rule 1:1(a) prohibited it from considering appellant’s argument in a motion to vacate filed nearly a decade after entry of the final sentencing order
1791221 Robert Louis Midgett v. Commonwealth of Virginia 08/08/2023
Trial court did not abuse its discretion by finding appellant had violated his probation and revoking the remainder of appellant’s previously suspended sentences
0448222 Jason Franklin Maxwell v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, Code § 46.2-817(B), where appellant disregarded the officer’s emergency lights and sirens for nearly half an hour while speeding at almost 100 mph through dark and hilly country roads with blind curves, disregarded stop signs, and ultimately lost control of his vehicle
0557222 Patrick D. Goldy v. Commonwealth of Virginia 08/01/2023
Trial court did not err in convicting appellant of two counts of aggravated sexual battery against a victim less than 13 years old as the victim’s testimony was not inherently credible and the evidence supported the jury’s verdicts of guilt
0570221 Ferrari Aramis Ferdinand v. Commonwealth of Virginia 08/01/2023
Trial court did not err in denying appellant’s motion to strike when there was credible evidence in the record to support jury’s implicit finding of malice; evidence does not support appellant’s claim of self-defense; Commonwealth’s evidence was competent, not inherently incredible, and sufficient to prove appellant was guilty of second-degree murder and use of a firearm
0665223 Joey Dwayne Roach v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding evidence was sufficient to convict appellant of receiving stolen property pursuant to Code § 18.2-108 where he obtained the truck shortly after it was stolen, paid ten percent of the truck’s value, admitted the ignition had already been popped out, and could not provide a title or receipt for the vehicle
0677212 Paul H. Lundmark v. County of Henrico 08/01/2023
Trial court did not err in denying appellant’s motion to suppress evidence as the officer had reasonable suspicion to believe appellant had violated Code § 46.2-833(A) and the suspicion was magnified when appellant repeatedly ignored signals to pull over; no abuse of discretion in denying motion in limine as officer substantially complied with regulations for conducting test
0690222 John R. Fricchione v. Cheryl Matthew 08/01/2023
Trial court did not err in granting appellee’s motion to strike appellant’s evidence as the record failed to include any evidence as to what the standard of care is with respect to designing a brick stairway and whether the design of the stairway or failure to warn of its dangers breached that standard of care
0751223 Curtis Glen Atkins v. Sheryl Atkins Williams, et al. 08/01/2023
Judgment affirmed where trial court granted summary judgment to appellees as a devise of farmland made to appellant in his mother’s will had adeemed by extinction; the will did not indicate an intention that appellant inherit the entire farm; court’s error in considering earlier complaints under Code § 8.01-389(A) was harmless
0779222 Munir Ma'Moun Hussein, s/k/a Munir Ma'Moud Hussein v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding under Code § 46.2-817(B) and operating a tractor-trailer while under the influence of a drug pursuant to Code § 46.2-341.24(A)(iii); no error in denying appellant’s motion to suppress evidence; no error in refusing to grant appellant first-offender status under Code § 18.2-51
0820221 Stanley Edward Johnson, s/k/a Stanley Edward Johnson Bey v. Commonwealth of Virginia 08/01/2023
Trial court did not err when it revoked appellant’s probation in 2022 as his 2003 sentence included an indeterminate period of probation and his revocation in 2019 also included the same indeterminate period; 2021 amendment to Code § 19.2-303.1 did not apply retroactively and affect the pre-existing, final orders
0839222 Jesus Manuel Lopez-Ramirez v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion in admitting the certificate of analysis; evidence was sufficient to convict appellant of possession with intent to distribute cocaine and for possessing a firearm while possessing with intent to distribute cocaine; no error in refusing to apply the “carve out exception for concealed weapons secured within containers” referenced in Code § 18.2-308
0880222 Calvin Elton Clark v. Commonwealth of Virginia 08/01/2023
Judgment affirmed as appellant’s argument that his Sixth Amendment right to confront witnesses against him was violated when a witness testified while wearing a mask is barred by Rule 5A:18; the Commonwealth’s evidence was competent, was not inherently incredible, and was sufficient to prove beyond a reasonable doubt that appellant was guilty of second-degree murder
0887224 Rakesh Kumar Dhawan v. Bonita Dhawan 08/01/2023
Judgment affirmed in part as to the trial court’s pendente lite and contempt orders and reversed in part as to the division of Falco’s Capital One checking account, apportionment of several of Falco’s debts to appellant, and order that appellant pay wife for her “post-separation paychecks;” spousal and child support awards to be reassessed on remand
0904221 Justin Alan Farmer v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion when imposing its sentence after considering both mitigating and aggravating factors during appellant’s probation revocation hearing
1081224 Dorcon Group, LLC v. Todd J. Westrick, et al. 08/01/2023
Judgment reversed and case remanded as the trial court erred in holding that a 2020 amendment was a modification of a deed of subdivision and imposition of restrictive covenants and road agreement; no error in court’s failure to consider appellant’s request for an award of attorney fees
1204224 Dario Figueroa Rodas v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion when weighing mitigating and aggravating factors in formulating a sentence after jury convicted appellant of attempted rape; no error for court to sentence appellant to ten years’ incarceration; court did not penalize appellant for pleading not guilty and exercising his right to a jury trial
1389224 Eileen Bobsin v. Geoffrey Bobsin 08/01/2023
Trial court did not abuse its discretion in denying appellant’s motion to reconsider when it conducted an equitable distribution hearing in her absence and entered a final order of divorce after rejecting her contention that she was medically unable to attend and participate in the trial
1582222 Waddel M. Fox v. Commonwealth of Virginia 08/01/2023
Trial court did not err in denying appellant’s motion to vacate his convictions as he has not proven the 2003 judgment was void or that Code § 8.01-428 provides an exception to Rule 1:1; trial court is not required to give findings of facts and conclusions of law absent a statutory mandate; appeal dismissed for lack of jurisdiction
1588224 Daved O'Neil Landsdowne v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, three counts of reckless driving, and other charges, as the officer’s dash cam video demonstrated that appellant was the driver of the car
1634223 Troy Lee Beasley v. Commonwealth of Virginia 08/01/2023
Judgment affirmed as appellant’s arguments that the evidence was insufficient to prove he possessed or used a weapon for purposes of any of the six offenses for which he was convicted is barred by Rule 5A:20(e)
1679221 Deon Marcel Gatling v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentence and imposing sixteen years of active incarceration after balancing the mitigating circumstances against his commission of multiple new offenses, including violent felonies and offenses involving a firearm
0003233 Matthew Edwin Lawson v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion in imposing a sentence of 6 years and 12 months of active incarceration after revoking his previously suspended sentences due to new criminal offenses
0384222 Jonathan Michael Wynkoop, s/k/a John Michael Wynkoop v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentences and imposed an active term of incarceration of three years and six months after finding appellant failed to cooperate with probation and committed new offenses
0543221 Desmond Lamonte McEachin v. Commonwealth of Virginia 07/25/2023
Judgment reversed as trial court erred in denying appellant’s motion to suppress evidence after officers conducted a warrantless search of his vehicle; no probable cause existed to search based on a violation of Code § 18.2-323.1 where the Commonwealth did not establish the third element of § 18.2-323.1(B)’s rebuttable presumption
0553223 George Randolph Rucker v. Commonwealth of Virginia 07/25/2023
Trial court did not err in convicting appellant of possession of ammunition as a convicted felon as appellant was occupying the bedroom in which the ammunition was found, clearly visible, on the nightstand next to the bed
0650221 Nakia Durham v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding the officer’s search of appellant’s car was properly supported by probable cause and denying appellant’s motion to suppress the evidence; evidence was sufficient to prove appellant constructively possessed the gun found in the vehicle’s console
0661223 Department of State Police v. Todd Brendel 07/25/2023
Judgment reversed and case remanded for trial court to determine whether DSP reinstated appellee’s insurance retroactive to June 2020 and for factual findings on the issue of employee premium off-set to the reimbursement award; ruling concerning appellee’s purchase of his service weapon is reversed
0809221 Zeporah Sykes v. Tilo Alexander 07/25/2023
Judgment reversed as evidence failed to establish that granting the name change of the child was in her best interest
0837221 Victor A. Espinoza-Camargo, s/k/a Victor Espinoza-Camargo v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding Commonwealth’s evidence was sufficient to prove appellant’s actions were malicious as required by Code § 18.2-51 after he slashed victim’s face with a knife; evidence also proved appellant intended to maim, disfigure, disable or kill the victim; heavy alcohol consumption does not excuse the criminal liability for appellant’s actions
0895221 Melanie Jones Ballard v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it inquired as to why father was not personally present for pick-up of the minor child and its interpretation of the custody orders at issue was reasonable; court was not plainly wrong in concluding that the evidence was sufficient to hold appellant in contempt for violating the court’s order, Code § 18.2-456
0940223 Daniel James Stark and Catherine Stark v. Dennis Crumpler 07/25/2023
Trial court erred as a matter of law in interpreting its own orders finding the appellants in contempt for bicycling on Cedar Ridge Road and committing defamation against appellee; judgment is reversed, final order is vacated, and proceedings are dismissed
0975223 Timothy Job Smith v. Commonwealth of Virginia 07/25/2023
Trial court did not err in convicting appellant of assault and battery against a family member as the record supports the trial court’s credibility determination and the Commonwealth’s evidence was competent, was not inherently incredible, and was sufficient to convict
0978222 Kelsey A. Haley v. Virginia Department of Corrections 07/25/2023
Judgment affirmed as record does not support the argument that appellant was disciplined more harshly based on race or gender; notice of the charges provided by VDOC was not contrary to law; appellant was provided due process of law; grievance procedure is not unconstitutional; various other arguments fall outside the scope of appellate review
1162224 Darlin Yulitza Rivas Martinez v. Arlington County Department of Human Services 07/25/2023
Trial court did not err in finding child was abused or neglected; no error in terminating appellant’s parental rights under Code § 16.1-283(C)(2) and approving the foster care goal of adoption as appellant did not challenge that independent ground for termination
1202221 Walter Delaney Booker v. Commonwealth of Virginia, et al. 07/25/2023
Trial court did not err when it dismissed appellant’s complaint filed pursuant to the Virginia Tort Claims Act as he sought judgment of less than $4,500 and, under Code § 8.01-195.4, the complaint fell within the exclusive jurisdiction of the general district court
1271223 John Henry Conner, Jr. v. Commonwealth of Virginia 07/25/2023
Trial court did not err when it denied appellant’s writ of error coram vobis and/or audita querela under Code § 8.01-677 as his claims relied on facts that were either known to him when the underlying cases were originally before the court or appear on the record of those cases; ineffective assistance of counsel claim could be raised in a habeas corpus petition
1330222 Jeffrey Wayne Kerr v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding the Commonwealth’s evidence was competent, not inherently incredible, and was sufficient to prove beyond a reasonable doubt that appellant was guilty of violating a protective order, Code § 16.1-253.2(A); no abuse of discretion by court when it imposed an active sentence of 5 months in jail for the violation
1456222 Raymond L. Harvey, Jr. v. Commonwealth of Virginia 07/25/2023
Trial court did not err in dismissing appellant’s complaint as his claim did not present a justiciable controversy to invoke the court’s jurisdiction to render a declaratory judgment; no reversible error in the court’s consideration of the Commonwealth’s combined responsive pleading
1489224 Nicholas Alexander Howard v. Commonwealth of Virginia 07/25/2023
Judgment affirmed where there was no abuse of the trial court’s discretion in imposing an eight-year active sentence after considering appellant’s mitigating evidence and all of the circumstances and in denying appellant’s motion for modification of the sentence under Code § 19.2-303; argument regarding imposition of supervised probation for life barred by Rule 5A:18
1581222 Michael J. Formica v. Scott B. Puryear, Esq. 07/25/2023
Trial court did not err in sustaining appellee’s plea in bar on the statute of limitations for appellant’s claim for legal malpractice
1613224 Jonathan Lee Ogle v. Commonwealth of Virginia 07/25/2023
Trial court did not err in classifying its requirement that appellant obtain a mental health assessment as a “special condition” and appellant’s violation of the requirement was therefore not a technical violation pursuant to Code § 19.2-306.1(A)
1884224 Amy Breslin v. Elizabeth Ballew 07/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1902223 Marlon Andre Organ, Jr. v. Commonwealth of Virginia 07/25/2023
Judgment affirmed as a timely-filed transcript of the bench trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1993222 Johnny Earl Miller, III v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it sentenced appellant to active incarceration after his second probation violation as he incurred a new felony conviction during the suspension period
0129223 Christopher Dwayne Lumpkin v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in denying appellant’s motion to order medical testing and appoint an expert as he failed to present a particularized need for one; evidence was sufficient to convict appellant as the jury concluded the victim was credible and rejected appellant’s hypothesis of innocence; no violation of appellant’s right to confrontation at sentencing
0359222 Godday O. Abuede v. Gloria E. Wszolek 07/18/2023
Judgment affirmed as appellant failed to preserve his claims for appellate review and they are therefore barred by Rule 5A:18
0359232 Commonwealth of Virginia v. Mitchell Corleone Hudson, Jr. 07/18/2023
Judgment reversed and case remanded as trial court erred in granting a motion to suppress all evidence derived from a cell phone seized during a traffic stop of a car in which appellant was a passenger where the officers justifiably seized the phone as evidence of a crime
0508223 Deshawn Reynolds v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding evidence was sufficient to convict appellant of distribution of cocaine as a third or subsequent offense and denying his motion to strike as the confidential informants’ testimony was not inherently incredible as a matter of law; no error in admitting the certificates of analysis at trial where appellant speculates that informant tampered with evidence
0601221 James Vernon Brooks, Jr. v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant’s argument that the evidence was not sufficient to prove he violated the conditions of his probation is barred by Rule 5A:18 and the ends of justice exception does not apply
0615222 Nicholas Lamont Turner v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in admitting a witness’ preliminary hearing testimony where the Commonwealth made reasonable efforts to secure the witness’ presence; evidence was sufficient to convict appellant of two counts of felony eluding, Code § 46.2-817(B)
0684222 Christopher Renaldo Albert v. Commonwealth of Virginia 07/18/2023
Appeal dismissed where trial court did not have subject-matter jurisdiction to grant the relief sought; case remanded for court to vacate its April 8, 2022 order and dismiss appellant’s motion to vacate his convictions
0790222 Daniel Edward Krenicky v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding sufficient evidence to convict appellant of object sexual penetration of a child under thirteen, sodomy, aggravated sexual battery of a child under thirteen and indecent liberties with a minor by a parent as the victim’s testimony was competent and not inherently incredible
0805223 Jason Darrell Williamson v. Kristi Lynn (Bartley) Williamson 07/18/2023
Trial court did not err in incorporating the property settlement agreement into the divorce decree where appellant failed to prove the agreement was unconscionable by clear and convincing evidence; appellant failed to introduce into the record evidence showing a gross disparity resulted from the division of the parties’ marital assets and debt
0827223 Sheldon Maurice Adams v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding the evidence was sufficient for the jury to convict appellant of possession with intent to distribute methamphetamine and AMB-FUBINACA as a rational jury could have found he knew about the contents of the case from his pocket and the duffel bag in the back seat of the vehicle
0886221 Dacquez Keshawn Wilson v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant’s argument that the trial court erred in accepting his guilty pleas because he did not enter them freely and voluntarily is barred by Rule 5A:18 and the ends of justice exception does not apply; no abuse of discretion by the court when it imposed the sentences after weighing mitigating circumstances against appellant’s conduct
0899221 Darrell K. Saunders, et al. v. Deutsche Bank National Trust Company, etc, et al. 07/18/2023
Trial court did not abuse its discretion in granting appellees’ motion craving oyer and denying appellants’ motion to amend the complaint
1073224 Andrei J. Kublan, Esquire v. Devon B. Humphreys, Esquire 07/18/2023
Judgment affirmed as trial court did not err in imposing sanctions against appellant pursuant to Code § 8.01-271.1 for issuing a witness subpoena to an attorney who, by virtue of being bound by attorney client privilege, could not testify without her former client waiving her privilege; argument that it was not necessary for the privilege to be waived barred by Rule 5A:18
1296222 Jamell Devon Davis v. Commonwealth of Virginia 07/18/2023
Appeal dismissed where trial court did not have subject-matter jurisdiction to grant appellant’s motion for a hearing to correct the sentencing order; case remanded for court to vacate its March 7, 2022 order and dismiss appellant’s motion
1530223 Lorenzo Lee Thomas v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as timely-filed transcripts of the guilty plea and sentencing hearings, or a written statement of facts in lieu of transcripts, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1732221 William Columbus Broughton v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing the balance of the sentences after he incurred new criminal convictions during the suspension period; court considered appellant’s mitigating and enhancing factors in making its determination
1757223 Jennifer Gail Portee v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant’s argument that she cannot be held criminally liable for doing what she had a right to do is barred by Rule 5A:18 and the ends of justice exception does not apply as appellant’s argument fails to demonstrate a manifest injustice
1920223 Steven Rockey, etc. v. Benny Clark Medina 07/18/2023
Judgment affirmed as a timely-filed transcript of the October 4, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0049222 Vincent Joseph Decicco v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as a timely-filed transcript of the November 9, 2020 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s first and second assignments of error, Rule 5A:8(b)(4)(ii); evidence was sufficient to support the revocation of appellant’s suspended sentence
0655223 Robert Alvin Littleton, Jr. v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing a sentence longer than suggested by the discretionary sentencing guidelines after weighing the mitigating evidence against appellant’s repeated failure to report to his probation officer, history of distribution charges, and other factors
0667223 Shaheim Damonte Moon, s/k/a Shaheim Damont'e Moon v. Commonwealth of Virginia 07/11/2023
Trial court did not err in denying appellant’s motion to suppress evidence as he had previously waived his rights to warrantless searches of any vehicle he was occupying and the fact that the car was moved to another location before the search didn’t preclude the search; evidence was sufficient to convict appellant of possession with intent to distribute fentanyl pills
0793224 Ricardo Giron Chavez v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion when it denied appellant’s motion to introduce evidence supporting his theory that victim’s testimony was fabricated; no abuse of discretion or manifest error in court’s refusal to strike a juror for cause; evidence was competent and sufficient to convict appellant of rape
0854221 Jermaine Antoine Tucker v. Commonwealth of Virginia 07/11/2023
Trial court did not err in determining the evidence was sufficient to convict appellant of second-degree murder and use of a firearm in the commission of a murder as there was abundant proof of his identity as the shooter and he made incriminating statements at the jail after his arrest
0875222 Jeremy Dwayne Adams v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as there was sufficient evidence to convict appellant of felony eluding when evidence showed he was traveling at excessive speeds and driving recklessly after the state trooper activated his emergency lights and began his pursuit; argument that Commonwealth failed to prove appellant intended to commit the offenses charged barred by Rule 5A:18
1038224 Adonay Polanco Cabrera v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in admitting evidence of appellant’s flight to El Salvador following a murder after balancing the probative value against its potential prejudicial effects; no error in admission of crime scene and autopsy photos as they were highly probative of appellant’s malice and premeditation; no error in denying motion to strike the evidence
1410224 Thighe Kavanaugh, s/k/a Thighe Kavanagh v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as a timely-filed transcript of the plea hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1463222 James Medeiros, et al v. Virginia Department of Wildlife Resources 07/11/2023
Judgment affirmed as a timely-filed transcript of the demurrer hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1525223 Juan Salazar Rojas v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence and imposing a sentence longer than suggested by the discretionary sentencing guidelines after weighing the mitigating evidence against appellant’s behavior, including routinely drinking in defiance of the conditions of his suspended sentence and incurring new felony convictions
1614223 Victoria Kristen Critzer v. Commonwealth of Virginia 07/11/2023
Trial court did not err in finding sufficient evidence to convict appellant of statutory burglary while armed with a deadly weapon and attempted malicious wounding when appellant entered the home of her ex-husband during the night uninvited, carried a claw hammer and a wooden board, and struck her ex-husband twice with the hammer
0015232 Brandon Edward Jones, a/k/a Edward Brandon Jones v. Commonwealth of Virginia 07/05/2023
Trial court did not err in imposing the entirety of appellant’s previously suspended sentence after balancing appellant’s mitigation evidence against the aggravating factors presented at his revocation hearing
0057232 Marvin James Kersey v. Commonwealth of Virginia 07/05/2023
Judgment affirmed as timely-filed transcripts of the trial and motion in limine hearing, or a written statement of facts in lieu of the transcripts, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0240222 Diallo Olumnminji Turner v. Commonwealth of Virginia 07/05/2023
Trial court did not err in convicting appellant of possession of cocaine as the circumstantial evidence was sufficient for it to conclude appellant was aware of both the presence and character of the cocaine and it was subject to his dominion and control; the incriminating evidence was sufficient for the court to find appellant’s hypothesis of innocence unreasonable
0592223 Timothy Wayne Jones v. Commonwealth of Virginia 07/05/2023
Trial court did not err in convicting appellant of statutory burglary in violation of Code § 18.2-91; evidence was sufficient to show appellant deliberately and maliciously fired a gun to intimidate the victim before holding the gun to her head, thus providing sufficient evidence to convict him of maliciously shooting a firearm within an occupied building, Code § 18.2-279
0806222 Jamie Scott Beardsley v. Lindsay Marie Tolen 07/05/2023
Trial court did not err in finding that LPL #4765 was marital property as appellant was unable to meet his burden of proof that it was funded by separate property, Code § 20.107.3(A); no abuse of discretion in court’s decision to award attorney fees to appellee considering the totality of the circumstances
0950222 Letonya Leshelle Roane v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion by convicting appellant instead of taking her case under advisement after she entered a plea of no contest to carnal knowledge, Code § 18.2-63
1003224 Antonio Lamont Gunn v. Commonwealth of Virginia 07/05/2023
Judgment affirmed as appellant’s argument that the Commonwealth failed to prove he operated a vehicle on a public highway is barred by Rule 5A:18
1152221 Holland Windell Butler, III v. James City County Department of Social Services 07/05/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2) as the decision was in the best interest of the children, appellant offered no proof of nor definite plans for either employment or a stable and suitable residence for himself and the children upon his release from incarceration, and his cousin’s home was not a suitable placement
1415221 Kelly Michael Vance v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion when it sentenced appellant to the maximum term for his conviction for second-degree murder; trial court considered all of the evidence before it, including appellant’s mitigation evidence, before imposing the sentence
1865224 Connie Marie Maxey, a/k/a Connie Marie Demers v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence and imposed a three year active sentence after she acquired new convictions during the suspension period; trial court properly weighed the mitigating evidence presented by appellant
0390221 Randy Lee Harris, Jr. v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence, reimposed and resuspended part of the sentence, and ordered him to serve the remaining four years of the sentence
0517224 Man K. Nguyen v. Commonwealth of Virginia 06/27/2023
Trial court did not err in convicting appellant of criminal contempt because the court retains common law authority to punish acts beyond those delineated in the contempt statute, Code § 18.2-456, so long as it affords the accused full plenary proceedings as in this case; record supports a finding that waiver of court-appointed counsel was clear and unequivocal
0571222 Anthony Michael Lochetto v. Commonwealth of Virginia 06/27/2023
Judgment affirmed where no constitutional speedy trial violation occurred and there was no error in the denial of appellant’s motion to dismiss; evidence was sufficient to convict appellant of aggravated sexual battery; argument that evidence was insufficient to convict appellant of indecent liberties barred by Rules 5A:18 and 5A:20
0630224 Deborah Swarray v. Alexandria Department of Community and Human Services 06/27/2023
Trial court did not abuse its discretion by terminating appellant’s parental rights as appellee had provided her with numerous services, but she only belatedly committed to trauma therapy and needed an additional six months of treatment and she had not resolved her substance abuse nor demonstrated sufficient stability to progress from unsupervised visitation, Code § 16.1-283(C)(2)
0677222 Matthew William NewBergere v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as there was no abuse of discretion in allowing a witness to testify as an expert; no abuse of discretion in admitting witness’ prior consistent statements; challenge to sufficiency of the evidence as to indecent liberties charges barred by Rule 5A:18; evidence sufficient to convict appellant of other charges; no error in admitting screenshots of texts
0808224 Larry J. Austin and Roy E. Hahn v. John E. Williams and Law Office of John E. Williams 06/27/2023
Judgment affirmed as a timely-filed transcript of the trial and related proceedings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants’ assignments of error, Rule 5A:8(b)(4)(ii)
0832224 John E. Williams and Law Office of John E. Williams, Esq v. Larry J. Austin, et al. 06/27/2023
Judgment affirmed as a timely-filed transcript of the trial and related proceedings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants’ assignments of error, Rule 5A:8(b)(4)(ii)
0894224 Russell Clinton Smith, Jr. v. Alexandria Department of Community and Human Services 06/27/2023
Judgment affirmed as argument that court should not have admitted two CASA reports into evidence barred by Rule 5A:18; any potential error as to the admission of the parental capacity assessments was harmless; no error in terminating appellant’s parental rights and approving foster care goal of adoption, Code § 16.1-283(C)(2); remanded for court to correct clerical error
0938221 Theodore Weaver, Jr. v. Commonwealth of Virginia 06/27/2023
Trial court did not err in convicting appellant and rejecting his assertion that he was a victim of the crimes rather than the perpetrator where the Commonwealth presented overwhelming evidence of appellant’s culpability
0989223 Kanesha Pittman v. Roanoke City Department of Social Services 06/27/2023
Trial court did not err in approving the removal of the children from their home and finding that appellee proved by a preponderance of the evidence that the children were abused or neglected, Code § 16.1-252
0996222 Jayquan Shemar Granderson v. Commonwealth of Virginia 06/27/2023
Trial court did not err in denying appellant’s motion to suppress the evidence as reasonable suspicion supported the investigatory stop and accompanying pat down that led to the discovery of a firearm and cocaine and the arrest was supported by probable cause
1121221 Joseph Ryans Schwalm v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as there was no abuse of discretion by court in admitting testimony pursuant to Code § 19.2-268.3; argument that the evidence was insufficient to convict appellant barred by Rule 5A:18 and ends of justice exception does not apply
1306221 Seth Ashton Ramirez v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion by revoking appellant’s suspended sentences and reimposing three years of incarceration when he committed multiple larceny offenses, including grand larceny, while on probation
1388224 Fairfax County v. Scott Halisky 06/27/2023
Award affirmed as the Commission’s findings were based on credible evidence and medical testimony
1675222 Marvin Maurice Mundy v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as a timely-filed transcript of the August 18, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s claims on appeal, Rule 5A:8(b)(4)(ii)
1699224 Bahaa O. Elfiky v. McLean Crest Homeowners Association, Inc. 06/27/2023
Judgment affirmed as a timely-filed transcript of the September 15, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s arguments on appeal, Rule 5A:8(b)(4)(ii)
1727221 James Walter Spriggs, IV v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion when it considered appellant’s potential for rehabilitation and the circumstances of the offense and explained why it imposed a sentence above the range recommended by the discretionary sentencing guidelines
1833221 Louis A. McMiller v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion in revoking appellant’s suspended sentences where he was found in possession of a firearm within one year of his release into probation after a conviction for voluntary manslaughter involving a firearm
0175221 H. Cliff Page, Jr. v. Portsmouth Redevelopment and Housing Authority 06/20/2023
Judgment affirmed as trial court did not err in holding an evidentiary hearing on the plea in bar of sovereign immunity and appellant is not entitled to a new hearing before a jury; no error in granting the plea in bar as appellant did not plead gross negligence by the appellee; no error in ruling that appellee’s demolition of its own building was protected by sovereign immunity
0238222 Jamal Timothy Williams v. Commonwealth of Virginia 06/20/2023
Trial court did not err in denying motion to suppress as Code § 4.1-1302(A) did not apply retroactively, the “plain view” warrant exception was satisfied, and the officer had probable cause to expand his inventory search; no abuse of discretion in admitting detective’s expert testimony; evidence was sufficient to convict appellant of possession with intent to distribute
0382221 Christian Sayers v. Commonwealth of Virginia 06/20/2023
Trial court did not err in finding the evidence that there was a conspiratorial agreement was sufficient to convict appellant of conspiracy to commit grand larceny; evidence was also sufficient to establish appellant and another man acted in concert of action such that appellant was a principal in the second degree for grand larceny
0724223 Kyle Bradley Moore v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in denying appellant’s motion to recuse the judge and motion to recuse the local Commonwealth’s Attorney’s office; no abuse of discretion in allowing evidence of prior bad acts by appellant, qualifying a certain expert witness, or admitting an audio recording of the victim and photographs; evidence was sufficient to convict for strangulation
0856222 Robert Lee Webster v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion by determining that a fingerprint was not admissible as evidence of third-party guilt and excluding that evidence; no error in finding evidence was sufficient to convict appellant based on a combination of cell phone records, specific testimony, and appellant’s multiple attempts to conceal his guilt as well as other actions
0907222 Nasim Jackson v. Commonwealth of Virginia 06/20/2023
Trial court did not err in denying appellant’s motion to strike and convicting him of attempted carjacking; no error in refusal to reduce the aggravated malicious wounding charge to malicious wounding; no error in convicting appellant of two counts of use of a firearm as evidence was sufficient to prove he committed the predicate felonies
0918223 Chal'lia Sharee Johnson v. Commonwealth of Virginia 06/20/2023
Trial court did not err in finding that appellant kicked Officer Robinson on the sidewalk in an angry or rude manner sufficient to convict her of assault and battery, Code § 18.2-57
1032224 Everett William Schwartz v. Commonwealth of Virginia 06/20/2023
Trial court did not err in convicting appellant of conspiracy to possess a Schedule I or II controlled substance with intent to distribute where the totality of the evidence was sufficient to conclude that appellant’s companions knew contraband was hidden in the vehicle and were engaged in a conspiracy with him to sell it
1107223 Codi Shawn Dunbar v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as appellant’s argument that the evidence failed to prove he acted with malice is barred by Rule 5A:18; no error where court convicted appellant of first-degree murder and use of a firearm as a reasonable jury could infer appellant intentionally and deliberately fatally shot the victim
1149222 Tyjuan Decourtland Epps v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as argument that court erred in granting a hearsay objection for a statement that was not hearsay is barred by Rule 5A:18; no error in granting the hearsay objection as the statements did not qualify as excited utterances
1266223 David Wayne Anderson v. Commonwealth of Virginia 06/20/2023
Judgment reversed and case remanded because trial court refused appellant’s motion to vacate his 2019 convictions for possession of child pornography, but the court lacked subject matter jurisdiction to grant the relief sought, Rule 1:1(a), and should have dismissed appellant’s motion for that reason
1328222 Octavian Javon Holcomb v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion or give inappropriate weight to appellant’s new conviction for petit larceny and factors “cited by the Commonwealth” when it revoked his previously suspended sentences and resuspended all except three years
1531224 Jason Patrick Phillips v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as a timely-filed transcript of the suppression hearing and trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1913221 Marco Antrione Cherry, Jr. v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences after he repeatedly failed to appear for scheduled appointments with his probation officer and made no payments toward court costs; no abuse of discretion in imposing a 6-month active sentence for the violations
1917222 Carlton Andrew Vaughan, III v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing the balance to serve after finding appellant was not amenable to rehabilitation
0241222 Tynicia Althea Cox v. Commonwealth of Virginia 06/13/2023
Trial court did not err in finding sufficient evidence to convict appellant of conspiracy to distribute and distribution of a Schedule I or II substance based on testimony that it deemed highly credible, notwithstanding any self-serving motive the witness may have had, and other evidence presented at trial
0337222 Ronnie Edward Crack v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in finding prior sexual acts proffered by appellant were too remote from the charged offense to be admissible pursuant to the Rape Shield Statute, Code § 18.2-67.7; evidence was sufficient to convict appellant of rape
0373221 Ronald James Williams, Jr. v. Commonwealth of Virginia 06/13/2023
Judgment affirmed as argument that court erred in admitting forensic interview video and victim’s letter is barred by Rule 5A:18; evidence was sufficient to convict appellant of the charges against him; argument that a mandatory life sentence is cruel and unusual punishment is waived; any error in the sentencing process would be harmless
0484223 Kevin Thomas King v. Commonwealth of Virginia 06/13/2023
Trial court did not err in convicting appellant of unauthorized use of a vehicle as there was ample evidence to support the finding that the complaining witness owned the vehicle and refused appellant’s request to use the vehicle, Code § 18.2-102
0694224 Michael Adrian Woodley v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in revoking the balance of appellant’s previously suspended time and ordering that it be served in its entirety after considering mitigating and aggravating factors
0815224 Rita M. Leach-Lewis, etc. v. Board of Supervisors of Fairfax County, Virginia 06/13/2023
Judgment reversed and case remanded to the trial court with direction to further remand to the Board of Zoning Appeals for it to determine whether Fairfax County Zoning Ordinance § 18-901(4) was violated as part of the BZA’s review of violation notices issued against appellant
0846221 Scott Edward Pease v. Commonwealth of Virginia 06/13/2023
Judgment affirmed as there was no abuse of discretion in denying motion to prohibit all Commonwealth witnesses from testifying due to a discovery violation, Rule 3A:11, or failure to impose other penalties not requested at trial, Rule 5A:18; evidence sufficient to convict appellant of strangulation; argument regarding violation of protective order barred by Rule 5A:18
0847224 Tanes Omar Torres Romero v. Commonwealth of Virginia 06/13/2023
Trial court did not commit manifest error by denying appellant’s motion to strike a juror for cause; no abuse of discretion by court in permitting introduction of evidence of appellant’s prior bad acts as the testimony had legitimate probative value; any possible error in admission of exhibit 4 (certificate of analysis) was harmless
0959224 Mark A. V. Rackham and Olga M. Rackham v. Basheer/Edgemoore-Properties, L.L.C. 06/13/2023
Trial court did not err by dismissing appellants’ case with prejudice as the perfection of their appeal from the general district court judgment and subsequent pre-trial nonsuit in circuit court did not annul that judgment as all the relevant proceedings took place before Code § 8.01-380 was amended to include subsection F and the subsequent complaint was barred by res judicata
1065221 Austin E. Kersey v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in weighing appellant’s mitigating evidence against significant aggravating facts when imposing a sentence of one year and four months of active incarceration for his probation violation
1074224 Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell and Adam Jeantet v. McLean Bible Church 06/13/2023
Judgment affirmed in part as the court properly found that appellants’ request to reconfigure and re-do the 2021 election of church elders is moot; judgment reversed in part as appellants’ claims of ongoing violations as to elections are not moot and case remanded for court to address claims of disenfranchisement of members, transparency and notice, and a secret ballot dispute
1215224 James Sisco v. Elizabeth Sisco 06/13/2023
Judgment affirmed as a timely-filed transcript of the May 23 and 24, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1231224 Felicia Holley-Poole v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in weighing the mitigating and aggravating factors and crafting its sentence of 180 days in jail with 120 days suspended for driving on a suspended license, Code § 18.2-272
1327222 Athena M. Laxamana-Pascua v. Jimmuel D. Pascua 06/13/2023
Judgment affirmed as a timely-filed transcript of the August 3, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s first assignment of error, Rule 5A:8(b)(4)(ii); record contains no order ruling on the post-trial motion and the second assignment of error is therefore barred by Rule 5A:18
1555223 Lance C. Brooks v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences, imposing an active sentence of six years and eight months, and resuspending the remaining time based upon appellant’s conviction of possession with intent to distribute a controlled substance while incarcerated, Code § 19.2-306(A)
1631221 Kari Gamaliel Barnes v. Commonwealth of Virginia 06/13/2023
Judgment affirmed where appellant’s argument that the trial court used improper sentencing guidelines is barred by Rule 5A:18
0176223 Sheri Lynn Heisel-Udell v. Commonwealth of Virginia 06/06/2023
Judgment affirmed where any potential error in admitting the exhibits at issue under the business records exception to the hearsay rule was harmless; no error in trial court’s finding that the evidence was sufficient to sustain the conviction for receiving stolen property, Code § 18.2-108
0178221 Shakir Holley v. Commonwealth of Virginia 06/06/2023
Trial court did not err in finding sufficient evidence to convict appellant of possession of a firearm as a convicted violent felon where the officer who approached appellant’s vehicle found him alone and asleep in the driver’s seat with the firearm in his lap, Code § 18.2-308.2
0380221 Robert Lee Coates v. Commonwealth of Virginia 06/06/2023
Trial court did not err in finding sufficient evidence that appellant intentionally killed the victim and acted with malice and premeditation and in convicting appellant of murder; no abuse of discretion by court in denying a motion for continuance on the trial date
0489221 Robert George Cahill, Jr. v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as appellant’s argument that he did not enter his guilty plea voluntarily, knowingly, and intelligently is barred by Rule 5A:18 because he had the opportunity to withdraw the guilty plea but elected not to do so; the good-cause and ends-of-justice exceptions do not apply; no abuse of discretion in the sentence imposed by the trial court
0660224 Defonties Mandele Anderson v. Commonwealth of Virginia 06/06/2023
Trial court erred in imposing a sentence of eight months of active incarceration for a violation of probation that is treated as a second technical violation; judgment reversed and case remanded for trial court to reconsider the amount of the sentence it is revoking and impose an active incarceration term no longer than the fourteen days allowed under Code § 19.2-306.1
0735222 Torman Devon Mack, Sr. s/k/a Tormon Devon Mack v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence after he was convicted of a new charge during the probation period and repeatedly failed to cooperate with his probation officer; court considered all of the evidence presented and did not abuse its discretion in weighing the mitigation evidence against other factors
0842224 Andrew Hye Soung Lee v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to strike a juror for cause; argument that denial of motion to set aside the verdict on the ground that Virginia case law creates an unconstitutional mandatory presumption that an act taken against the victim’s will is an act of force barred by Rule 5A:20(c)(1); evidence sufficient to convict appellant of rape
1027224 Joseph Paul Forest, Jr. v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in revoking appellant’s probation after he was convicted of a new crime, absconded from supervision, and failed to complete a drug court program; no abuse of discretion in court’s sentence imposing the balance of appellant’s suspended time
1035223 Kayla Danielle Moore, a/k/a Kayla Danielle Wood v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute methamphetamine; no abuse of discretion when court denied appellant’s continuance request; no abuse of discretion in court’s imposition of an active sentence of 8 years and 12 months
1086221 Jerrod Demonte Vines v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in sentencing appellant to three years of active incarceration even though his new conviction was a traffic misdemeanor; court balanced appellant’s mitigation evidence against significant aggravating factors when imposing the sentence
1091221 DeMarcus Malik Mackey v. Commonwealth of Virginia 06/06/2023
Trial court did not err in considering evidence at sentencing related to facts underlying the malicious wounding charge for which appellant was acquitted; evidence was sufficient to prove appellant was one of the perpetrators; no error in rejecting appellant’s proffered curative instruction
1108223 Wiliam Joseph Larue v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in imposing a life sentence for appellant’s conviction of forcible sodomy on a victim less than 13 years of age as the sentence does not violate the Eighth Amendment’s prohibition on cruel and unusual punishment
1334223 Estate of Clarence Hilliard Rothe v. Centra Health, Inc. 06/06/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1343221 Gerard Bunn v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended time and resuspended one year after weighing the mitigating evidence against other factors
1473223 Aaron Michael Jackson v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in sentencing appellant at the upper end of the guidelines’ recommendation; court heard appellant’s mitigating evidence and balanced it against the seriousness of the crime and appellant’s statements in his presentence report and at his sentencing hearing before imposing the sentence
1715222 April D. Gallop v. Cameron Bay Homeowners Association 06/06/2023
Trial court did not err in holding appellant’s appeal from the general district court’s denial of her motion to set aside default judgment was not from a final order or judgment and therefore it lacked jurisdiction over the appeal
1730223 Shounques Bynum v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion when it entered a nunc pro tunc order recording the grand jury’s return of indictments against appellant, Code § 8.01-428(B)
1803221 Oksana Marinaro v. Zimmer & Lewis Attorney and Counsellors at Law 06/06/2023
Judgment affirmed as appellant’s arguments that the trial court erred in ruling it did not have jurisdiction to consider her appeal from the general district court and failing to set aside the district court’s judgment are barred by Rule 5A:18
1823224 Derek Trinidad Blockhus v. Maria Del Mar Tortajada 06/06/2023
Judgment affirmed as a timely-filed transcript of the August 15, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0033222 Emer Gonzalez-Estrada, s/k/a Emer Gonzalez Estrada v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to suppress his statements to detectives; any error in admitting contested photos of complaining witnesses was harmless; evidence was sufficient to convict appellant as testimonial evidence in support was not inherently incredible
0221222 Paul Joseph Franklin v. Commonwealth of Virginia 05/30/2023
Trial court did not err in convicting appellant of felony petit larceny as the repeal of Code § 18.2-104 was not retroactive; no error in denying motion to dismiss the enhanced punishment under Code § 18.2-104 as appellant failed to adequately raise a procedural due process concern
0305223 Desiree Valencia Osby (Lucas) v. Department of Social Services of Alleghany County 05/30/2023
Trial court did not abuse its discretion in terminating appellant’s parental rights under Code § 16.1-283(B)
0306223 Desiree Valencia Osby (Lucas) v. Department of Social Services of Alleghany County 05/30/2023
Trial court did not abuse its discretion in terminating appellant’s parental rights under Code § 16.1-283(B)
0551223 Celeste Marie Sizemore v. Commonwealth of Virginia 05/30/2023
Judgment affirmed where appellant’s argument that the trial court abused its discretion in sentencing her to active incarceration for a new charge and by revoking her suspended sentences and imposing an additional active incarceration term is barred by Rule 5A:18; ends of justice exception is not invoked as there is no suggestion that a miscarriage of justice occurred
0619223 Nathaniel Wade Lawson v. Wise County Department of Social Services 05/30/2023
Trial court did not err in finding that termination of appellant’s parental rights was in child’s best interests and in terminating those rights under Code § 16.1-283(E)(i)
0638221 Mary Anne Waddell, f/k/a Mary Waddell Miller v. Matthew G. Miller 05/30/2023
Trial court did not err in its valuation of Waterway Warehouse; no error by court when it did not value KMD Fiber, Coastal Virginia Crane & Rigging, and Inland Marine after finding the evidence was unreliable and insufficient for determining value at the time of the hearing
0646221 Matthew G. Miller v. Mary Anne Waddell, f/k/a Mary Waddell Miller 05/30/2023
Judgment affirmed as trial court did not err in applying Code § 20-107.2 to the credit card debt; argument that court erred by refusing to classify the business expenses on the credit cards as marital debt barred by Rule 5A:20; appellant did not provide sufficient evidence to demonstrate court erred by failing to award him credit or compensation for any payments on marital debts
0656221 Jessie Alan Dyer, II v. Commonwealth of Virginia 05/30/2023
Trial court did not err in convicting appellant of object sexual penetration and aggravated sexual battery of a child under the age of thirteen where the evidence was competent, not inherently incredible, and sufficient for the convictions, Code §§ 18.2-67.2(A)(1) and 18.2-67.3
0942221 Brandon Rahsaan Moore v. Commonwealth of Virginia 05/30/2023
Trial court did not err in finding Code §§ 46.2-1003(C) and 4.1-1302(A) were not retroactive and denying appellant’s motion in limine seeking to exclude evidence obtained as a result of a stop and search
0958222 Jacob Lampkins v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0959213 Xavier Antcnio Gilbert v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as there was no error in denying appellant’s motion to suppress his statement to police as he was not in custody when interviewed; evidence was sufficient to convict appellant of charged offenses; arguments as to sufficiency of the evidence related to armed burglary and felony use of a firearm are barred by Rule 5A:18; no abuse of discretion as to sentencing
1005223 Deborah Anne Coleman v. Commonwealth of Virginia 05/30/2023
Trial court did not abuse its discretion when it sentenced appellant to 18 years of active incarceration as the sentence was within the terms of the written plea agreement and sentencing range set by the legislature; record demonstrates that the court heard appellant’s mitigating evidence and balanced it against other evidence when considering the sentence
1206222 Martin Maurice Yates v. Buckingham County Department Social Services 05/30/2023
Judgment affirmed where trial court terminated appellant’s parental rights pursuant to Code § 16.1-283(B) and (E)(iv) but he only challenges termination pursuant to Code § 16.1-283(C)(2); considering totality of the circumstances, trial court could correctly find it was in the child’s best interests to terminate appellant’s parental rights pursuant to Code § 16.1-283(B)
1366211 Cy Bailey, Sr. v. City of Norfolk Department of Human Services 05/30/2023
Judgment affirmed where appellant’s argument that trial court violated his due process rights when it approved the foster care goal of adoption/relative placement is barred by Rule 5A:20; no error in court’s termination of appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
1415211 Stephen Lamar Garrick v. Commonwealth of Virginia 05/30/2023
Judgment reversed as, assuming without deciding that the trial court properly denied appellant’s motion to suppress, the evidence was insufficient to establish appellant possessed the contraband discovered in the vehicle
1672222 Richard Chase Maher v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as appellant’s arguments that the evidence was insufficient to convict him of assault and battery of a family member and strangulation are barred by Rule 5A:18
0087233 Commonwealth of Virginia v. Jacob Ryan Tolley 05/23/2023
Judgment reversed and case remanded where trial court erred by disregarding the objective circumstances justifying the investigatory stop and basing its decision on the investigator’s state of mind when it granted appellee’s motion to suppress evidence
0189223 James Edward Fultz, IV v. Commonwealth of Virginia 05/23/2023
The trial court did not err in refusing to strike Juror 10 for cause; no error in court’s denial of appellant’s motion to strike the first-degree murder and robbery charges based on the evidence presented to the jury
0314224 LeeAnn S. Dance v. Glenn Dance 05/23/2023
Judgment affirmed in part as trial court did not err in ordering husband to deduct his tax rate from his payment to appellant as he was the party directly receiving the funds; no error in the amount of attorney fees granted appellant; judgment reversed in part as to the court’s grant of attorney fees to husband based upon appellant’s rule to show cause
0315224 Glenn Dance v. LeeAnn S. Dance 05/23/2023
Trial court did not err in finding appellant violated the PSA by not disclosing the profit-sharing plan portion of his pension; no error in court’s failure to hold an equitable distribution hearing on the profit-sharing plan; no error in court’s ruling on which tax rate should be deducted from wife’s share; no abuse of discretion where court did not apply the tax deduction retroactively
0504221 Jeffrey Lamont Harris, s/k/a Jeffrey Lamonte Harris v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion by admitting testimony based on an out-of-state probation officer’s case notes as there existed sufficient guarantees of trustworthiness; no abuse of discretion in the sentence imposed by the court
0712222 Herbert William Jones, Jr. v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion in excluding testimony of one of appellant’s expert witnesses regarding the accuracy of his GPS ankle monitor as it was cumulative; no error in finding evidence sufficient to convict appellant of breaking and entering and two counts of petit larceny
0755222 Dayomic Jackie Smith v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion when it imposed the balance of appellant’s previously suspended sentence as appellant’s disregard of the terms of his suspended sentence supports a finding that he was not amenable to rehabilitation
0778224 Elizabeth Haring v. The Bank of New York Mellon, etc. 05/23/2023
Judgment affirmed as assignments of error 1-3 are barred by Rule 5A:6(a); trial court did not err in awarding the appeal bond to appellee
0817223 Richard Lee Evans, II v. Commonwealth of Virginia 05/23/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery
0957212 Parker Keefe Pappas v. Nicolle Van Allen and Francis Van Allen 05/23/2023
Judgment affirmed as argument that trial court erred in applying a preponderance of the evidence standard in ruling appellant was withholding consent to the adoption contrary to the best interests of the children, Code §§ 63.2-1203 and -1205, is barred by Rule 5A:18 plus court ultimately applied the correct evidentiary standard; court properly considered Code § 63.2-1205 factors
0969223 Markese Antonio Graham v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion in admitting victim’s son’s statement under the excited-utterance exception to the hearsay rule; no abuse of discretion in permitting Commonwealth to introduce a 911 call to rehabilitate victim’s credibility; evidence was sufficient to convict appellant of offenses as victim’s testimony was not inherently incredible
0981212 Jenna Van Allen v. Nicolle Van Allen and Francis Van Allen 05/23/2023
Judgment affirmed as argument that trial court erred in applying a preponderance of the evidence standard in ruling appellant was withholding consent to the adoption contrary to the best interests of the children, Code §§ 63.2-1203 and -1205, is barred by Rule 5A:18 plus court ultimately applied the correct evidentiary standard; court properly considered Code § 63.2-1205 factors
0998223 Timothy Lee Coles v. Commonwealth of Virginia 05/23/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the forfeiture hearing is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1395224 Albert Davis Williams v. Commonwealth of Virginia 05/23/2023
Trial court did not err in finding evidence was sufficient to convict appellant of robbery, Code § 18.2-58; no abuse of discretion in court’s imposition of a 12-year active sentence for the robbery
1704224 Sujata Das v. Yanzhe Wang and Metropolitan Property and Casualty Insurance Company 05/23/2023
Judgment affirmed as timely-filed transcripts, or written statement of facts in lieu of a transcript, of the September 2, 2022 hearing and October 11-12, 2022 trial are necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1726222 Aaron Otis Peters v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion when it imposed the balance of appellant’s previously suspended sentence as it appeared to have determined appellant’s extensive criminal history and repeated probation violations heavily outweighed the mitigating factors
1755223 Riley D. Thornock and Rebecca J. Thornock v. Bedford County 05/23/2023
Judgment affirmed as a timely-filed transcript, or compliant written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants’ assignment of error, Rule 5A:8(b)(4)(ii)
0128223 Mohammed Sabri Laylani v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence was sufficient to convict appellant of rape and sodomy; argument that court did not allow enough time to find an appropriate interpreter for a witness barred by Rule 5A:18
0154222 Dwayne Ottis Dalton v. Commonwealth of Virginia 05/16/2023
Trial court did not err in rejecting appellant’s hypothesis of innocence considering the totality of the evidence; evidence was sufficient to convict appellant of possession of methamphetamine, forgery of bank notes, and uttering of forged notes, Code §§ 18.2-250, 18.2-173, and 18.2-170
0198224 Sharon Elizabeth Furr v. Tamara Al-Saray 05/16/2023
Judgment reversed where there were multiple possible proximate causes of the accident but no evidence upon which a jury could base a finding on the issue of causation, therefore the trial court erred in denying appellant’s motion to strike and subsequent motion to set aside the jury’s verdict
0223222 Charles Edmond Coleman, III, s/k/a Charles Edmund Coleman, III v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in permitting a joint trial of appellant and co-defendant; no error in finding sufficient evidence to prove appellant’s participation in the crimes; pursuant to Rule 1:1, the trial court did not have jurisdiction to consider appellant’s post-conviction motion to stay his convictions
0393222 Christian Arpad Petrovics v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in finding that a transcript prepared by someone other than a court reporter was not self-authenticating and could be used to refresh a witness’ recollection, but could not be used to impeach a witness at trial; trial court did not err in finding evidence was sufficient to convict appellant of the charged offenses
0430221 Jermaine M. Capel v. Commonwealth of Virginia 05/16/2023
Judgment affirmed where argument that appellant was denied his Sixth Amendment right to confront witnesses is barred by Rule 5A:18; ends of justice exception is inapplicable as appellant fails to show that a miscarriage of justice occurred
0564221 Wendell Wyndale Wilson v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding appellant in contempt of court for failure to comply with a court order in violation of Code § 18.2-456
0586223 Jzharey Lequante Jones v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in denying appellant’s motions to set aside the verdict that argued the court should have allowed him to use prior inconsistent statements to impeach the victim as an adverse witness; trial court did not err when it found evidence was sufficient to convict appellant of strangulation and domestic assault and battery
0597221 Mack Tyson Regis v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence sufficient to convict appellant of abduction, Code § 18.2-47, and malicious wounding, Code § 18.2-51
0689221 William Greatheart, Jr. v. City of Hampton 05/16/2023
No error in Commission’s rejection of appellant’s claim challenging a medical payment shortfall
0702222 Jennifer Darnell Proctor v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence was sufficient to convict appellant of destruction of property
0758223 Michael A. Hullings v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion by revoking and imposing the balance of appellant’s suspended sentences as he was non-compliant with the terms and conditions of his probation and had shown significant aggression towards law enforcement officers
0761223 Amanda Hope Miller v. Washington County Department of Social 05/16/2023
Trial court did not err in finding the foster care goal of adoption was appropriate where the Department of Social Services made reasonable efforts to reunite the children with appellant and in concluding that the permanency planning goal of adoption was in the children’s best interests
0806211 Michael Earl Jones v. City of Suffolk 05/16/2023
Trial court did not err in finding appellant guilty of reckless driving where the testimony of witnesses and other evidence provided sufficient evidence that appellant’s recklessness caused the accident
0853224 Michael Powell v. Melanie Knoepfler-Powell 05/16/2023
Trial court did not abuse its discretion in denying appellant’s motion to modify the custody and visitation order and in granting mother decision-making authority regarding child’s medical care, Code § 20-124.3; arguments about admission of child’s notes as a demonstrative exhibit and factual statements by counsel barred by Rule 5A:18
0988221 Brineatay Brownson v. Commonwealth of Virginia 05/16/2023
Trial court did not err in denying appellant’s motion to suppress the evidence because the totality of the circumstances gave the officers reasonable, articulable suspicion of appellant’s criminal activity justifying his detention
0999223 Eric L. Bolden v. Commonwealth of Virginia 05/16/2023
Trial court did not err in ruling that Code § 46.2-1013(B) does not apply retroactively; no error by court in denying the motion in limine nor in determining that the evidence was sufficient to convict appellant of possession of a firearm by a violent felon
1297224 Sunil Nasim v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in denying appellant’s motion for reconsideration of his sentence filed pursuant to Code § 19.2-303
1400224 Michael Jerome Ratliff, s/k/a Michael Jerome Ratliff, Jr. v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in imposing a four-year active sentence after appellant entered guilty pleas to various offenses and after it considered the evidence, including appellant’s mitigating evidence
1420223 Charles Edward Cubbage, Jr. v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in sentencing appellant on his probation violation after weighing all the circumstances and imposing a sentence within the prescribed statutory scheme
1650224 Javon Williams, s/k/a Javon A. Williams v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in revoking appellant’s probation after he entered a guilty plea to possession of a firearm, imposing a 12-month active sentence, and running the sentence consecutive with the firearm sentence
1651224 Javon Williams, s/k/a Javon A. Williams v. Commonwealth of Virginia 05/16/2023
Judgment affirmed where appellant’s argument that the factual proffer by the Commonwealth did not support his guilty plea to possession of a firearm by a convicted felon barred by Rule 5A:18
1695224 Smoke USA, Inc., et al. v. Nour Associates, L.L.C. and Mirweis Tarzi 05/16/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants’ assignments of error, Rule 5A:8(b)(4)(ii)
0628224 Antonio Mason Coyne v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the sentencing hearing is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0742223 Sarah Elizabeth Walker v. Joseph Mark Walker and Maria Teresa Bria Walker 05/09/2023
Judgment affirmed as the record is insufficient to substantiate her assignment of error without the proffered testimony of appellant’s missing witnesses
0881223 Camron Marquis Jeffries v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as timely-filed transcripts of the plea and sentencing hearings, or a written statement of facts in lieu of the transcripts, are necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1217223 Keyon Da'Monta Petty v. Commonwealth of Virginia 05/09/2023
Judgment reversed and conviction vacated as evidence does not show that appellant interfered with or altered the rearview mirror of the car and his fingerprint on the mirror is not sufficient to conclude that appellant tampered with the vehicle pursuant to Code § 18.2-146
1248221 Walter Whitfield v. Commonwealth of Virginia 05/09/2023
Trial court did not err in determining it lacked jurisdiction to consider appellant’s motion to vacate as the convictions at issue were not void
1332222 Jamie Jo Lundie v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of appellant’s May 3, 2022 sentencing and/or a complete transcript of the August 2, 2022 hearing on appellant’s motion to modify sentence is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1434222 Victor Matthew Thompson v. Commonwealth of Virginia 05/09/2023
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910
1458224 Vincent Colbert v. Martrell Spaight 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error and appellant only filed two partial transcripts from the three-day jury trial, Rule 5A:8(b)(4)(ii); in addition, appellant did not proffer the medical bills at issue in the appeal after they were excluded
1551224 David E. Sanjines Suarez, Karen F. Montano De Sanjines, et al. v. Ryan M. Donais 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the June 3, 2022 hearing is necessary to permit a review of the merits of appellants’ assignments of error, Rule 5A:8(b)(4)(ii)
0105223 Joseph Lee Loftis v. Commonwealth of Virginia 05/02/2023
Trial court did not err in finding evidence was sufficient to convict appellant of the charges against him; no abuse of discretion by limiting appellant’s cross-examination of a witness; no error in denying appellant’s motion for a mistrial because jury may have heard courtroom deputies discussing keys, thus impermissibly implying that appellant was in custody
0340221 Paul Sylvester Martin, Jr. v. Commonwealth of Virginia 05/02/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence and imposed active incarceration as it considered mitigating factors presented by appellant; no abuse of discretion in denying appellant’s motion to withdraw his “guilty plea” to probation violations
0577223 Nelson O’Neal Dews, II v. Commonwealth of Virginia 05/02/2023
Trial court did not err in finding the evidence was sufficient to convict appellant as the victim’s testimony was not inherently incredible as a matter of law; no error in finding victim’s testimony that her neck was red and sore the day after the incident was sufficient to demonstrate a bodily injury and support a conviction for strangulation
0640223 Angela Key Bennett, s/k/a, etc. v. Carroll County Department of Social Services 05/02/2023
Trial court did not abuse its discretion by denying appellant’s motion to suspend its judgment; no error in terminating appellant’s parental rights and approving the foster care goal of adoption, Code § 16.1-283(C)(2)
0642224 James Albert Aurilio v. Antonia Concepcion Aurilio 05/02/2023
Judgment affirmed as trial court did not err in its award of wife’s spousal support amount, in determining the separation date, and in requiring life insurance policies be maintained; appellant cannot approbate and reprobate by arguing that court coerced him to pay wife’s car loan; argument regarding wife’s housing expenses barred by Rule 5A:18
0683224 Turner Ashby Camp No. 1567 (Sons of Confederate Veterans) v. County of Clarke, Virginia 05/02/2023
Trial court did not abuse its discretion by finding appellant’s request for a discretionary award of the Association of the Survivors of the Clarke Cavalry’s assets was not germane to the County’s adverse possession suit and denying a motion to intervene and a motion for reconsideration, Code § 13.1-907
0719222 Nick Spanos, a/k/a Nickolas Spanos Spanoudis v. Gregory Panos, et al. 05/02/2023
Judgment affirmed as appellant’s arguments asserted in his first two assignments of error are barred by Rule 5A:20(c)(2); appellant’s argument that appellees’ counsel was allowed to argue hearsay and false evidence is barred by Rule 5A:18; no abuse of discretion by court in denying appellant’s motion to reopen case as untimely pursuant to Code § 8.01-428(A)
1510222 Veronica Hardy Everette and Loritha Maye Hayes, etc. v. Community Memorial Hospital, etc., et al. 05/02/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the September 7, 2022 hearing is necessary to permit a review of the merits of appellants’ assignment of error, Rule 5A:8(b)(4)(ii); appellants’ assignment of error does not sufficiently raise their argument relating to the tolling effect of the 2020 judicial emergency orders
1955222 William Lester v. Commonwealth of Virginia 05/02/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
0127222 Montalla, LLC V. Commonwealth of Virginia, et al. 04/25/2023
Trial court did not err in sustaining the plea in bar of sovereign immunity to Counts I-III; no error in court’s rejection of appellant’s economic duress claim; appellant’s allegations regarding breach of the underlying contracts and unconstitutional takings are barred; court did not abuse its discretion in denying appellant’s motion to reconsider and motion to amend its pleading
0370222 Martin Edenilson Flores v. Commonwealth of Virginia 04/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
0437222 Alonzo Roger Jackson v. Commonwealth of Virginia 04/25/2023
Judgment affirmed where court admitted unredacted 2002 conviction and sentencing order as any error in failing to redact certain information was harmless; argument about trial court’s potentially prejudicial statement barred by Rule 5A:18; no error in refusal of Jury Instruction A; evidence was sufficient to convict; no abuse of discretion in denying motion to set aside verdict
0482222 Kristen Inglese v. Albemarle County Department of Social Services 04/25/2023
Judgment affirmed as argument that appellee did not document that termination of parental rights was in the child’s best interests is barred by Rule 5A:18 and the decision did not result in a miscarriage of justice; argument that termination was premature is moot; case remanded for court to address the basis for not granting custody to paternal grandmother, Code § 16.1-283(A)
0575221 Jamal Leander Thomas v. Commonwealth of Virginia 04/25/2023
Trial court did not err in convicting appellant of statutory burglary as the evidence was sufficient to prove beyond a reasonable doubt that he acted with the requisite intent, Code § 18.2-91
0612224 Nydia Blake and Rebecca Montalvo v. Marina Tamrit Couk 04/25/2023
Trial court did not err when it followed the procedures set forth in Code § 16.1-109(B)(ii) and remanded the case to the general district court to set and order a bond in compliance with Code § 16.1-107(A)
0681221 LaQuadric Kenez Pittman v. Commonwealth of Virginia 04/25/2023
Trial court did not err in admitting testimony as to the contents of a video even though it excluded the video from evidence; evidence was sufficient to convict appellant of conspiracy to obtain property by false pretenses and of obtaining property by false pretenses, Code §§ 18.2-22 and 18.2-178
0738222 Brandon Keith Browning v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing an active sentence that exceeded the high-end recommendation of the sentencing guidelines where it considered the guidelines, the circumstances of the offense, the evidence presented, and appellant’s statements before imposing a sentence within the statutory range, Code §§ 18.2-10(f) and 18.2-51
0791224 Eric Demetrius Campbell v. Commonwealth of Virginia 04/25/2023
Judgment reversed where trial court imposed special sex offender probation conditions on appellant when he had never been convicted of a sex offense and the trial court had expunged the criminal record indicating that he was charged with one; case remanded for further proceedings
0991221 Earl Louis Byers, II, etc., et al. v. Tamra Lynn Ducceschi and Amanda Rae Malbon 04/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the May 31, 2022 hearing is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1053223 Terry W. Glenn, s/k/a Terry Wayne Glenn v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing a three-year probation term when sentencing appellant on a conviction of distribution of methamphetamine
1080223 William Reno Ray v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by denying appellant’s continuance motion as he has not demonstrated prejudice resulting from the decision; no error in finding sufficient evidence to convict appellant of two counts of first degree murder
1365223 Winfred Dewayne Mullins v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing an active sentence of 40 years’ imprisonment, a sentence in excess of the range recommended by the sentencing guidelines, after consideration of the evidence
1413221 Lavelle Damon Davis v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by revoking the remainder of appellant’s suspended sentence after considering his mitigating circumstances and arguments for a lower sentence
0483222 Lavishia Tia Fulton, s/k/a Lavisha Tia Fulton v. Commonwealth of Virginia 04/18/2023
Trial court did not err in finding sufficient evidence to convict appellant of maliciously firing a gun at an occupied vehicle, Code § 18.2-154, and attempted aggravated malicious wounding, Code §§ 18.2-26, -51.2, as evidence was sufficient to prove that she fired a gun while pointing it at the victim and her car
0627223 Jeremy Scott Gray v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion as it did not automatically revoke appellant’s prior suspended sentence without considering alternatives to incarceration, Code §§ 19.2-305.1(G) and -306, and approved appellant for participation in a work release program
0757223 John Robert Martin, s/k/a John Robert Martin, Jr. v. Commonwealth of Virginia 04/18/2023
Judgment affirmed as court properly denied motion to suppress, admitted evidence regarding appellant’s kidnapping of his wife, refused appellant’s request to take jury to site of shooting, denied appellant’s post-trial Batson challenge; any error in admitting kidnapping conviction and compelling wife to testify against appellant was harmless; evidence was sufficient to convict
0868213 Arun Rashid Turay v. Commonwealth of Virginia 04/18/2023
Rehearing en banc granted
0902223 Michael Scott Wolfe v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence based on new criminal convictions and imposing an active term of incarceration
0914224 Todd Arlynn Schaeffer v. City of Fairfax 04/18/2023
Trial court did not abuse its discretion in sanctioning appellant for filing a motion after he was repeatedly informed the court no longer had jurisdiction over the case and he was not permitted to file any more motions, Code § 8.01-271.1
0949224 Steven Best v. M. Jay Farr, Chief of Police, et al. 04/18/2023
Trial court did not err in sustaining appellees’ demurrers as appellant failed to allege facts sufficient to state a cause of action under Virginia tort law; no abuse of discretion in dismissing the amended complaint with prejudice; no error as to recusal decision
0952224 Jessica Lary v. M. Jay Farr, Chief of Police, et al. 04/18/2023
Trial court did not err in sustaining appellees’ demurrers as appellant failed to allege facts sufficient to state a cause of action under Virginia tort law; no abuse of discretion in dismissing the amended complaint with prejudice; no error as to recusal decision
1137223 James William Whittaker v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion when it revoked appellant’s suspended sentence and imposed active incarceration of four years
1378223 Gina Marie Lubertazzi v. Commonwealth of Virginia 04/18/2023
Judgment affirmed where appellant’s argument that the trial court erred in imposing a two-year sentence without sufficient written explanation for the significant departure from the guidelines is barred by Rule 5A:18
0329224 Levyn Herbert Andrade, a/k/a, etc. v. Commonwealth of Virginia 04/11/2023
Trial court did not abuse its discretion in admitting evidence of appellant’s prior bad acts; no error in finding sufficient evidence to convict appellant of rape and abduction
0607222 Thomas A. Carr v. Maribeth C. Carr 04/11/2023
Trial court did not abuse its discretion in awarding wife spousal support based in part on wife’s income and expense statement; court adequately addressed each of the statutory factors for awarding spousal support and explained its factual findings; no abuse of discretion in granting wife a divorce on no-fault grounds
0613223 Michael Renea Johnson v. Commonwealth of Virginia 04/11/2023
Trial court did not err in denying appellant’s motion to dismiss on federal and state constitutional speedy trial grounds as the evidence supports the conclusion that the delays at issue that were attributable to the Commonwealth were valid and justified
0937223 Derrick A. Edwards v. Commonwealth of Virginia 04/11/2023
Judgment reversed as appellant presented the trial court with an “actual controversy” and his declaratory judgment action is an appropriate means by which to pursue his constitutional challenges to Code § 53.1-25 and Virginia Department of Corrections OP 861.1; case is remanded for further proceedings
1186222 Loretta Lynn Carr v. Buckingham County Department of Social Services 04/11/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(E)(i)
1234214 Tony Jacob Thomas v. Commonwealth of Virginia 04/11/2023
Trial court did not err in convicting appellant under the original plea agreement and the doctrine of approbate/reprobate bars consideration of the argument that the parties were free to amend the plea agreement after the court took the matter under advisement; no error by court in denying motion to withdraw plea agreement
1328212 Jesus Lamont Turner v. Commonwealth of Virginia 04/11/2023
Trial court did not err in convicting appellant of first-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony, as the evidence was sufficient to identify him as one of the perpetrators
1331223 Sierra Shauntel Jones v. Commonwealth of Virginia 04/11/2023
Trial court did not err in finding appellant had unsupervised contact with minors in violation of her probation; no abuse of discretion when court denied appellant’s mid-hearing request for a continuance
1373214 James Frederick Browne v. Commonwealth of Virginia 04/11/2023
Judgment reversed where trial court erred in imposing a sentence of active incarceration that exceeds the statutory maximum sentence for a second technical violation under Code § 19.2-306.1(C), revocation sentencing order is vacated, and case remanded for resentencing
0259221 Ronny L. Jernigan v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying motion to dismiss based on appellant’s claim of intentional pre-indictment delay by the Commonwealth and did not err in denying same motion based on argument that appellant’s constitutional right to a speedy trial was violated; trial court did not err in denying motion to set aside the verdict where there was sufficient evidence to convict
0413223 Sandra Denise Campbell Reid v. Commonwealth of Virginia 04/04/2023
Trial court did not err in finding appellant failed to provide adequate care to her dog, created a situation which made it “not improbable” that injury would occur, and knew the probable results of her acts, thereby willfully inflicting inhumane injury and pain and causing serious bodily injury in violation of Code § 3.2-6750(F)
0500221 Jason J. Brayden v. Commonwealth of Virginia 04/04/2023
Judgment affirmed where appellant’s argument that it was error for the trial court to accept his guilty pleas is barred by Rule 5A:18; appellant failed to show good cause to address the argument and the ends of justice exception is inapplicable; no abuse of discretion when court imposed its sentence or later corrected a clerical mistake in the sentencing order
0563223 Garland Ellis King, Jr. v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying appellant’s motion to suppress as marijuana was not a legitimate, lawful substance at the time the officer searched appellant’s car and the search was supported by probable cause
0600222 Donnell Downey v. Commonwealth of Virginia 04/04/2023
Judgment affirmed in part where sufficient evidence existed to convict appellant of all charges; argument that attempted robbery indictment cited incorrect statute barred by Rule 5A:18 and ends of justice exception inapplicable; judgment reversed in part and case remanded for trial court to re-sentence for attempted robbery, conspiracy to commit robbery, and bailee violation
0647221 Antone Lamont Shields v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying appellant’s motion to suppress evidence as Code § 4.1-1302(A) had not been enacted as of the date of the search and did not apply retroactively
0700221 Vernon Eugene Hannah, s/k/a Donald Lassiter v. Commonwealth of Virginia 04/04/2023
Judgment affirmed as appellant’s arguments that the trial court did not have subject matter jurisdiction to revoke and resuspend his misdemeanor sentence and the trial court erred in finding the evidence sufficient to establish that he violated probation are barred by Rule 5A:18
0845223 Joshua Carl Gannon Voltz v. Commonwealth of Virginia 04/04/2023
Trial court did not abuse its discretion when it sentenced appellant on his convictions after balancing appellant’s mitigating evidence and the significant aggravating factors
0966224 Brian Anthony Joe v. Commonwealth of Virginia 04/04/2023
Trial court did not err in viewing evidence of unadjudicated criminal activity at the sentencing hearing as it was relevant and the probative value was not outweighed by its prejudicial effect; no error in the court’s determination of the length of appellant’s sentence after considering all of the evidence and argument presented
1060224 Bruce Henry v. Dominion Towing & Recovery, LLC 04/04/2023
Judgment affirmed as appellant did not timely note an appeal from the trial court’s June 17, 2022 final judgment and errors assigned to that ruling are not considered; arguments that opposing counsel and judge acted unethically and unlawfully barred by Rule 5A:20; no error in court’s denial of appellant’s motion to reconsider a sanctions award
1102222 Christine Solem v. Sarah Taylor 04/04/2023
Judgment affirmed where appellant waived her claim about lack of notice and an opportunity to be heard by failing to object, Rule 5A:18; trial court did not err in dismissing appellant’s claim with prejudice as she failed to present a justiciable claim to support her petition for declaratory judgment; court did not fail to rule on a power of attorney issue
1185223 William Daniel Jackson v. Commonwealth of Virginia 04/04/2023
Judgment affirmed where appellant’s arguments that evidence was insufficient to support a conviction of malicious wounding as malice cannot be inferred from Commonwealth’s evidence presented at trial and the evidence was insufficient to prove he had the intent to maim, disfigure, disable, or kill are barred by Rule 5A:18
0243224 Dana Mark Camann, Jr. Commonwealth of Virginia 03/28/2023
Petition for Rehearing En Banc granted
0347223 Adam Christopher Armstrong v. Kristy Marie Roadcap 03/28/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to set aside the jury verdict as to damages; any error by the trial court in denying appellant’s motions for summary judgment was harmless, Code § 8.01-678
0417224 Saul Garay-Amaya v. Commonwealth of Virginia 03/28/2023
Trial court did not err in denying appellant’s motions to strike and set aside the verdict as there was sufficient evidence to convict appellant of abduction where he abducted the victim before strangling and sexually assaulting her and the detention was not intrinsic to those acts; there was also sufficient evidence to convict him of object sexual penetration
0423222 Robert Ryan Grasty v. Commonwealth of Virginia 03/28/2023
Trial court did not err in allowing jury instruction permitting jury to judge appellant’s age by his appearance; no abuse of discretion in denying appellant’s motion for a new trial based on voir dire and jury’s understanding of sentencing instructions; argument that appellant was entitled to a new trial because court improperly joined offenses involving two victims is waived
0462223 Jeremiah Howard Sweet v. Commonwealth of Virginia 03/28/2023
Trial court did not err in convicting appellant of obtaining money by false pretenses where the facts and circumstances do not support appellant’s hypothesis of innocence but do support his intent to defraud; no error in refusing to apply the single larceny doctrine in the case as appellant engaged in a series of fraudulent transactions that were sporadic in both time and place
0539223 Paul Douglas Via v. Commonwealth of Virginia 03/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of threatening to bomb or burn where record demonstrated appellant threatened to burn down victim’s house, communicated that threat to victim, and she reasonable feared he would act on the threat, Code § 18.2-83; argument regarding officer’s body camera footage barred by Rule 5A:18
0644223 Victor Bernard Ortiz v. Commonwealth of Virginia 03/28/2023
Trial court did not err in overruling appellant’s objection to admission of his statements as the deputy’s questions were investigatory and appellant was not in custody for purposes of Miranda; evidence was sufficient to convict appellant of violating a protective order; no error in revoking appellant’s previously suspended sentences and imposing an active period of incarceration
0664223 John Thomas Conner v. Commonwealth of Virginia 03/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony destruction of property in violation of Code § 18.2-137(B)(ii)
0729224 Amanda Deanne Coles v. Commonwealth of Virginia 03/28/2023
Judgment affirmed as appellant’s argument concerning admission of certain testimony at her sentencing hearing is barred by Rule 5A:18; the ends of justice exception does not apply as appellant’s argument lacks support for the position that her sentence constitutes a manifest injustice
0741223 Matthew Tyler Parker v. Commonwealth of Virginia 03/28/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing an active term of incarceration of six years; no evidence that the trial court failed to consider the mitigating evidence presented by appellant
0905221 Timothy Steven Sloan v. Commonwealth of Virginia 03/28/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence after a third revocation proceeding
1193214 Gregory Shawn Mercer v. Commonwealth of Virginia 03/28/2023
Judgment affirmed as trial court did not err in ruling that appellant’s constitutional right to a speedy trial was not violated; appellant has not identified any way that he preserved any of the remaining issues on appeal for appellate review or properly presented them in his brief, Rules 5A:18 and 5A:20
1380224 Kenneth R. Fox v. Wendy R. Fox 03/28/2023
Judgment affirmed as trial court’s lack of ruling on motion to set aside a contempt order, “non-participation sanction,” and bond orders was due to appellant’s motion to withdraw the motion to set aside; no abuse of discretion in imposing sanctions, including attorney fees, against appellant; argument regarding changed circumstances barred by Rule 5A:18
1449224 Taijia Treyshawn Jackson v. Commonwealth of Virginia 03/28/2023
Judgment affirmed where appellant’s argument that the court improperly relied on his criminal record during a probation revocation hearing is barred by Rule 5A:18 and ends of justice exception does not apply; no error by court in sentencing appellant above the high end of the discretionary sentencing guidelines
0134221 Elwood Saunders Gregory v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the sentence imposed by the trial court was within the statutory range and the record shows the court considered mitigating circumstances and the sentence received in another jurisdiction; argument that guilty plea was not entered knowingly, voluntarily, and intelligently is barred by Rule 5A:18 and ends of justice exception does not apply
0253222 Anthony Ivory Cook, Jr. v. Commonwealth of Virginia 03/21/2023
Trial court did not abuse its discretion in admitting images of the crime scene and victim’s treatment; trial court made a proper inquiry necessary to deny a competency evaluation; trial court did not err when it denied appellant’s motion to strike as the evidence was sufficient to convict appellant of second-degree murder
0274223 Luis Manuel Negron v. Commonwealth of Virginia 03/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of driving on a suspended driver’s license based on the driving record certified by the Commissioner of the Department of Motor Vehicles, Code § 46.2-301
0291222 Aidan Joseph Nevers v. Commonwealth of Virginia 03/21/2023
Trial court did not err in excluding evidence of appellant and S.T.’s prior sexual relationship, Code § 18.2-67.7(A)(2); no abuse of discretion in refusing to allow appellant to show witness photographs that contradicted his testimony ostensibly to refresh his recollection; argument regarding hearsay waived; evidence was sufficient to convict appellant of rape
0479222 Kenneth Hill, s/k/a Kenneth Ray Hill v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the evidence was sufficient to convict appellant of failing to reregister with the Sex Offender and Crimes Against Minors Registry, Code § 18.2-472.1; argument that Code § 18.2-472.1 does not criminalize late registration is barred by Rule 5A:18
0529224 Won Yung Jung v. Commonwealth of Virginia 03/21/2023
Judgment affirmed where trial court granted the motion in limine to prevent evidence that prior prosecutors had decided not to bring charges against appellant; no abuse of discretion in allowing prosecutor to say in opening statement that victim feared appellant or admitting certain photographs; instructing jury on consideration of appellant’s character was harmless error
0622224 Mohsen A. Yazdi v. Maryam Darei 03/21/2023
Trial court did not err in awarding wife a divorce on the grounds of cruelty, Code § 20-91(6), as appellant’s guilty plea to assault & battery of wife and protective orders entered by JDR court provided necessary corroboration; no abuse of discretion where court found appellant had ability to pay the spousal support award, Code § 20-107.1
0639224 John Pleasant Johnson, Jr. v. Commonwealth of Virginia 03/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of various crimes through the use of intimidation, considering his paternal role and his provision of necessary financial support for the family, psychological pressure on the victim sufficient to overcome her will, and the victim’s status as vulnerable and susceptible to such pressure
0713221 Patricia Spivey v. Annitavia Latrice Thomas 03/21/2023
Trial court did not err in overruling motions to strike the case due to contributory negligence; trial court fully instructed the jury about the pedestrian’s duties and did not err in refusing another instruction relating to the same legal principle
0868213 Arun Rashid Turay v. Commonwealth of Virginia 03/21/2023
Upon a Rehearing – judgment reversed where trial court erred in finding the police officer possessed a reasonable, articulable suspicion of criminal activity to support the investigative stop of appellant and denying the motion to suppress the fruits of the unconstitutional seizure; appellant’s convictions vacated and case remanded for further proceedings
0929212 Herbert Eugene Smith, Jr. v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the evidence was sufficient to convict appellant of rape by force and abduction with intent to defile; appellant waived his confrontation argument due to his failure to sufficiently proffer the expected content of the testimony and, even if he did not waive the argument, any error would be harmless
1068224 Marshall Stephens v. Commonwealth of Virginia 03/21/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
0218223 Joshua Adam Eckard v. Commonwealth of Virginia 03/14/2023
Trial court did not err in denying a Franks hearing in support of appellant’s motion to suppress; no error in giving jury instruction related to second or subsequent offense of possession of child pornography; no error in refusing to include the dates of the charged offenses in the jury instructions; no error in denial of motion to set aside verdict based on alleged juror misconduct
0264222 Lorenzo Donte Reynolds v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding sufficient evidence to convict appellant of strangulation as his actions interfered with the victim’s ability to breathe or obstructed her breathing; evidence was sufficient to convict appellant of aggravated malicious wounding when he bit off the victim’s lip
0267221 Edward N. Furby, s/k/a Edward Nathaniel Furby v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding, based on expert testimony, appellant remains a sexually violent predator and there is no suitable lesser restrictive alternative than involuntary secure inpatient treatment at the VCBR
0386222 Gabrielle Bradford v. Jared Crain 03/14/2023
Judgment affirmed as trial court properly granted a demurrer where appellant failed to adequately allege gross negligence on the part of the police officer; any error in denying the motion to amend was harmless as the proffered amendments to appellant’s second amended complaint were legally futile, Code § 8.01-678
0431223 Jamison Richard Jones v. Commonwealth of Virginia 03/14/2023
Judgment reversed and case remanded where trial court held a search warrant authorized the search of appellant and his vehicle 2 miles from his dwelling; good faith exception to the exclusionary rule does not apply to permit the search conducted by the officer
0467221 Anthony Sterling Salisbury v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding appellant guilty of assault and battery of a law enforcement officer based on the officers’ testimony and the body camera video; appellant’s unlawful intent may be inferred from the totality of his conduct and the attending circumstances
0666221 Aisan Walhed Taylor v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion by sentencing appellant to a term of imprisonment that falls within the statutory range
0669221 Destin Dominique Moore v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea as he failed to present any substantive evidence of a reasonable basis for contesting his guilt
0685222 Rhetta M. Daniel v. E. Grier Ferguson, et al. 03/14/2023
Trial court did not err in finding Code § 54.1-3915 did not confer subject-matter jurisdiction allowing it to adjudicate appellant’s complaint; argument regarding the designation of a judge cannot be reached because there was no jurisdiction for the case more broadly, Code § 17.1-105
0691212 Michael Lee Veney v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion when it denied appellant’s motion for a mistrial; evidence was sufficient for jury to convict appellant of second-degree murder, reckless handling of a firearm, malicious shooting into an occupied vehicle, shooting a firearm from a vehicle, and use of a firearm in the commission of a felony
0693224 John Calvin Key v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion in sentencing appellant because the probation violation proceedings commenced before the enactment of the amendments to Code § 19.2-306
0819224 Frank Howard v. Suzanne Howard 03/14/2023
Trial court did not abuse its discretion in denying a continuance when appellant failed to proffer allegedly excluded evidence; argument that court erred by excluding certain testimony cannot be considered as appellant failed to proffer the excluded testimony; no error in finding appellant failed to prove a material change in circumstances warranting a change in spousal support award
0834211 Malik Brown v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding sufficient evidence to convict appellant of second-degree murder, notwithstanding his arguments that he acted in self-defense and he did not act with malice
0867221 Aisan W. Taylor, s/k/a Aisan Walhed Taylor v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion by sentencing appellant to a term of imprisonment that falls within the statutory range
0044223 Jacob Thomas Snead v. Commonwealth of Virginia 03/07/2023
Trial court did not abuse its discretion in admitting appellant’s blood alcohol results where the health care providers relied on them to treat him; no abuse of discretion in admitting doctor’s opinion testimony; evidence was sufficient to convict appellant of aggravated involuntary manslaughter
0140222 Nickolas G. Spanos v. Michael Y. Feinmel, Esquire 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
0158223 Keith Iverson Harrop, II v. Lesley Ann Butterfield Harrop 03/07/2023
Trial court did not err in classifying certain mortgage payments as a marital contribution; no error in court’s interpretation and application of Code § 20-107.3(C) as to marital debts; no error in court’s application of Code § 20-170.3(E) as to equitable distribution; no error in court’s application of Code § 20-124.3 as to award of sole legal custody of the children to wife
0183222 Deshon Scott v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding based on testimony that, without provocation, appellant hit the victim in the head several times, knocked him down, and forcefully kicked him after he collapsed, causing near-fatal traumatic brain injury, multiple skull fractures, and inoperable facial fractures
0400222 Gregory D. Cook, Jr., s/k/a Gregory Darnell Cook, Jr. v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of possessing a concealed weapon where the firearm was hidden from common observation, Code § 18.2-308(A); no error in finding sufficient evidence of felony eluding where appellant willfully and wantonly disregarded visual and audible signals of police and endangered at least one person
0444223 David Lee Morse v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of conspiracy to commit first-degree murder and first-degree murder as an accessory before the fact; no error in finding sufficient evidence to convict appellant of use of a firearm; argument regarding jury unanimity barred by Rule 5A:18; ends of justice exception unavailable
0494223 Roger W. Woody d/b/a Showcase Home Builders v. Lion's Gate Home Owners Association, Inc. 03/07/2023
Judgment affirmed in part as there was no error in denying appellant’s Plea in Bar of Waiver; no error in finding appellant in breach of contract by delivering a defectively designed and constructed retaining wall; no error in denying appellant’s Plea in Bar of Ultra Vires action; judgment reversed as to trial court’s denial of attorney fees and costs to HOA
0518224 The Temple Foundation, Inc. v. Focus SH Acquistions, LLC 03/07/2023
Trial court did not err in interpreting the Operations Transfer Agreement between the parties; no error when trial court sustained the demurrer without leave to amend as to appellant’s breach of contract, unjust enrichment, and declaratory judgment claims because the complaint was legally insufficient to state a cause of action upon which relief could be granted
0546221 Entrepreneur Dream Team v. Anchor Assets, LLC, et al. 03/07/2023
Judgment affirmed where required notice of default was sent to appellant; no error in granting summary judgment where appellant failed to create a genuine dispute for trial that it suffered harm from any noncompliance with the deed of trust
0595222 Willie Williams v. Commonwealth of Virginia 03/07/2023
Judgment affirmed where, assuming it was an abuse of discretion to allow the Commonwealth to refer to the appellant as a “sexually violent predator” before the jury, the particular circumstances of the single use of the phrase in the opening statement and the overwhelming evidence of guilt renders the error harmless
0610221 Deshawn Michael Hayes v. Commonwealth of Virginia 03/07/2023
Judgment affirmed because argument that court erred by accepting appellant’s guilty plea is barred by Rule 5A:18; appellant has not shown how his case falls within the “very limited circumstances” necessary for application of the ends of justice exception
0623222 Michael Kevin McReynolds v. Commonwealth of Virginia 03/07/2023
Judgment affirmed where a timely filed transcript of the sentencing hearing, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0699222 Jerad Wyche-Alexander, a/k/a Jarad Wyche v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding, possession of a firearm during the commission of a felony, maliciously shooting at an occupied vehicle, and discharging a firearm while in a vehicle
0015223 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 02/28/2023
Commission’s termination of an open award of benefits is affirmed where appellant’s argument is barred by Rule 5A:18
0071222 Michael A. McKinney, Jr. v. Danece J. McKinney 02/28/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0179223 Thomas Joe Braxton, III v. Commonwealth of Virginia 02/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of attempted capital murder and possession of heroin with intent to distribute where his principal argument is that the court drew the wrong inferences from the largely undisputed facts
0243224 Dana Mark Camann, Jr. v. Commonwealth of Virginia 02/28/2023
Judgment affirmed in part as to the denial of appellant’s motion to suppress the narcotics seized, as deputy’s instruction that appellant move his foot, exposing foil, was part of an investigative detention supported by reasonable suspicion; judgment reversed in part as to conviction for possession of etizolam because there was no evidence that appellant knowingly possessed it
0344222 Willie J. Cannon, Jr. v. Chesterfield-Colonial Heights Department of Social Services 02/28/2023
The trial court did not err in denying appellant’s motion for a continuance and terminating his parental rights pursuant to Code § 16.1-283(C)(2)
0361223 Virginia University of Lynchburg, Inc. v. Robert Flood 02/28/2023
Judgment reversed where trial court erred in denying appellant’s motion to strike, as appellee failed to introduce any evidence regarding the reasonable value of his services to support a claim for quantum meruit
0455221 Michael Tink Lane v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion when it found appellant violated probation, revoked the previously suspended sentence and resuspended all but two years, refused to run the sentence concurrent with the newly imposed sentence, and imposed an indeterminate period of supervised probation, Code § 19.2-303
0515221 Kenneth Ka'Von Grant v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in sentencing appellant to a term higher than the range recommended by the sentencing guidelines after considering all the evidence, including mitigating factors, and explaining its departure from the guidelines
0549222 Juan Javier Wenzlaff v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in denying appellant’s motion to modify his sentence pursuant to Code § 19.2-303 without a hearing as a hearing is not required and the motion was based on arguments and evidence the court had considered before or that did not mitigate his crimes
0732223 Colt Steven Poe v. Olivia Rae Poe 02/28/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, from the March 7, 2022 hearing is indispensable to a determination of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0777222 James Carlton Vaughan, Jr. v. Commonwealth of Virginia 02/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of two counts of distribution of a controlled substance, third or subsequent offense; no abuse of discretion when the court ruled appellant did not qualify for the safety valve provision in Code § 18.2-248(C) when it sentenced him
1095222 Juan Javier Wenzlaff v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in denying appellant’s motion to modify his sentence pursuant to Code § 19.2-303 without a hearing as a hearing is not required and the motion was based on arguments and evidence the court had considered before or that did not mitigate his crimes
1165222 Jamara Claiborne v. Commonwealth of Virginia 02/28/2023
Trial court did not err in denying appellant credit for time served while on home-electronic monitoring awaiting trial, Code § 53.1-187
1305212 Armand Gerivis Rodriguez, Jr. v. Commonwealth of Virginia 02/28/2023
Trial court did not err in denying appellant’s motions to suppress evidence as the officers had probable cause to detain and arrest him for possession with intent to distribute cocaine
0088224 Alhaj Babah Thullah v. Commonwealth of Virginia 02/21/2023
Trial court did not err in denying appellant’s motion to strike the evidence as the victim’s testimony was not inherently incredible; evidence was sufficient to prove appellant engaged in sex with victim by use of actual force or constructive force
0219222 James Milton Tyler, Jr. v. Commonwealth of Virginia 02/21/2023
Trial court did not err by allowing the Commonwealth’s expert to testify about matters not disclosed in advance pursuant to Rule 3A:11(b)(4)(A) where the testimony was admissible under Rule 3A:11(b)(4)(B) and appellant failed to demonstrate prejudice; evidence was sufficient to convict appellant of possession of heroin with intent to distribute
0281221 Adrian Elijah Pierce v. Commonwealth of Virginia 02/21/2023
Trial court did not err in finding the testimony from an eyewitness and appellant’s cellmate was not inherently incredible and sufficed to establish appellant was the perpetrator
0291211 Alexander Faucett, s/k/a Alexander Lee Faucett v. Commonwealth of Virginia 02/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of rape, forcible sodomy, and indecent liberties with a child
0348221 William Everett Warren v. Commonwealth of Virginia 02/21/2023
Trial court did not abuse its discretion when it found text messages had been sufficiently authenticated to render them admissible for consideration as a party admission; evidence was sufficient to convict appellant of attempted murder, use of a firearm, maliciously shooting into an occupied dwelling, destruction of property, reckless handling and possession of a firearm
0408221 Kenneth A. Brown, s/k/a Kenneth A. Brown, Sr. v. Commonwealth of Virginia 02/21/2023
Judgment affirmed where appellant’s arguments that the evidence was insufficient to convict him of domestic assault and battery and violation of a protective order are barred by Rule 5A:18; the ends of justice exception does not apply as to either conviction
0435223 Michael Shane Wilson v. Commonwealth of Virginia 02/21/2023
Trial court did not err in convicting appellant of eluding under Code § 46.2-817(B) in Pittsylvania County when he had previously been convicted in Henry County for violating the same statute because appellant committed separate and distinct acts of evading and eluding police in Henry and Pittsylvania Counties and his double jeopardy rights were not violated
0470222 Reva Nicole English v. Commonwealth of Virginia 02/21/2023
Judgment affirmed because, assuming without deciding that appellant was arrested and not merely detained, the arrest was not unlawful as it was supported by probable cause and appellant did not have the right to resist a lawful arrest
0534223 Jeremy Wayne Luck v. Commonwealth of Virginia 02/21/2023
Trial court did not err in revoking the remaining seven years of appellant’s suspended sentence after he incurred new criminal convictions during the suspension period and after the judge considered his mitigating evidence
0648224 Dominic Tran, et al. v. Vanessa Ines Moriarty 02/21/2023
Judgment reversed as the emergency orders entered by the Supreme Court of Virginia in response to the COVID-19 pandemic tolled all statutes of limitations, not just those that would have expired during the tolling period; trial court erred in dismissing the personal injury claims filed by appellants and the case is remanded for further proceedings
0706211 Matthew Charles Bass v. Commonwealth of Virginia 02/21/2023
Trial court did not err by denying appellant’s motions to strike and set aside the verdict because he acted in self-defense or in the heat of passion; no abuse of discretion where court excluded evidence of victim’s 1990 conviction for malicious wounding as too remote
0961221 Richard Kevin Riddick v. Commonwealth of Virginia 02/21/2023
Trial court did not abuse its discretion in revoking appellant’s suspended sentence pursuant to appellant’s violations of the terms of his probation
1325214 Quadell A. Grimes v. Commonwealth of Virginia 02/21/2023
Judgment affirmed as excluded testimony was cumulative and irrelevant; argument that appellant was deprived of the presumption of innocence when the full jury saw him in the custody of the sheriff before deliberations barred by Rule 5A:18; argument about insufficient evidence of malice barred by Rule 5A:20
0138222 Hassan S. William, s/k/a Hasaan S. Williams v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as trial court correctly concluded the good faith exception applied to the search warrant when it denied appellant’s motion to suppress; argument that magistrate was not neutral or detached barred by Rule 5A:18; evidence was sufficient to support appellant’s conviction for possession of a firearm under Code § 18.2-308.2(A)
0150221 David Wayne Dorset v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as appellant’s argument that his sentence is cruel and unusual because it is “totally disproportionate to the crime of which he had been convicted” and is “substantially longer than the sentences for the underlying crime” is barred by Rule 5A:18; the ends of justice exception does not excuse the failure to preserve the argument
0236222 Cody Alexander Lowe v. Commonwealth of Virginia 02/14/2023
Judgment affirmed where trial court dismissed appellant’s de novo appeal as waived, Code § 18.2-57.3(F); argument that trial court denied his constitutional right to due process when it dismissed his appeal barred by Rule 5A:18
0304224 Michael James Hetle v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as there was no abuse of discretion denying appellant’s motion to dismiss a juror for cause; no error in admitting a jail call between appellant and his wife; any error in refusing to allow appellant to testify as to his statement to a neighbor and his reprimand while a police officer was harmless; no error in admitting testimony of racial slurs referencing victim
0338223 Chavis Williams, s/k/a Chavis R. Williams v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as a timely-filed transcript of the revocation hearing, or a written statement of facts in lieu of a transcript, is indispensable to resolve the issues appellant has raised, Rule 5A:8(b)(4)(ii)
0355221 Taj Shaquille Johnson v. Commonwealth of Virginia 02/14/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence and resuspending all but one year after he incurred new misdemeanor convictions and then was charged with a new offense while out on bond pending his probation violation hearing
0356223 Genaro Guzmen Vazquez v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as trial court’s denial of a motion to suppress the contents of a package containing a GPS device was permitted where the evidence was admissible under the inevitable discovery doctrine; evidence was sufficient to convict appellant of the charges; no error in admitting a video that was properly authenticated, relevant, and not unduly prejudicial
0381221 Darryl Jenkins v. C & T Durham Trucking Co., Inc. and Accident Funds Ins Co. of America 02/14/2023
No error in Commission’s finding that appellant failed to carry his burden of proving that his claimed injuries were causally related to his work accident
0406221 James Michael Greason v. Commonwealth of Virginia 02/14/2023
Trial court did not err in finding the evidence was sufficient to convict appellant of rape and incest
0422222 Brian Richardson v. Commonwealth of Virginia 02/14/2023
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentences and reimposing three years of active incarceration based on his new criminal offenses and failure to report to probation
0460221 James Derrick Ferrell v. Commonwealth of Virginia 02/14/2023
Trial court did not err in accepting appellant’s guilty pleas as the record contains an affirmative showing that he entered the pleas knowingly, voluntarily, and intelligently; no abuse of discretion for the trial court to order that the various sentences be served consecutively
0720222 Kalvin Donnell Coward, a/k/a Kelvin Donnell Coward v. Commonwealth of Virginia 02/14/2023
Trial court did not err in denying appellant’s independent action under Code § 8.01-428(D) to vacate his 1994 felony convictions for lack of jurisdiction where he failed to prove the judgment was void due to extrinsic fraud upon the court
0798223 David Lee Blair, III v. Commonwealth of Virginia 02/14/2023
The trial court did not abuse its discretion in imposing a sentence within the applicable statutory range after appellant violated his probation
0989212 James David Fries v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as there was sufficient evidence of malice to convict appellant of malicious wounding; appellant did not demonstrate that his constitutional speedy trial rights were violated; argument about trial court’s refusal to define “disable” barred by Rule 5A:18
1085222 Jamell D. Davis v. Commonwealth of Virginia 02/14/2023
Judgment vacated and appellant’s motion to modify or reduce his sentence is dismissed as the trial court lacked subject-matter jurisdiction to grant the relief sought, Code § 19.2-303
1164222 Susan Mueller and David Barodofsky v. HSBC Bank USA, et al. 02/14/2023
Judgment affirmed on the separate and independent basis of trial court’s ruling that declaratory judgment was not an available remedy for the relief sought by appellants and it is unnecessary for this Court to examine the statute of limitations argument
1165214 Suzanne Marie Schillmoeller v. Andrew Ryan Younkle 02/14/2023
Judgment affirmed in part as the separation agreement is unambiguous on its face; court also did not err in denying husband’s request for attorney fees; judgment reversed in part and case remanded as the court did err by classifying husband’s military retirement pay as spousal support
1443221 Commonwealth of Virginia v. Ambritt Lavette Spencer 02/14/2023
Judgment affirmed where, under the totality of the circumstances, officers did not have probable cause to search appellant’s car
0017222 Mohannad Abandeh v. Commonwealth of Virginia 02/07/2023
Judgment affirmed where the evidence was sufficient to convict appellant of the charges against him; argument that court erred by denying appellant’s motion to reconsider and vacate his convictions is barred by Rule 5A:20
0060223 Richard Howard Cox v. Carroll County Department of Social Services 02/07/2023
Trial court did not err in entering a child protective order against appellant and finding that the child was abused or neglected, Code § 16.1-228(1), (5)
0062223 Christopher O. Hill v. Shanita Hill 02/07/2023
Trial court did not err in denying appellant’s motion to remove the guardian ad litem and considering the guardian ad litem’s testimony and report
0067223 Sonya Jane Cox v. Carroll County Department of Social Services 02/07/2023
Trial court did not err in entering a child protective order against appellant and finding that the child was abused or neglected, Code § 16.1-228(1), (5)
0118221 Wayne Henderson v. Commonwealth of Virginia 02/07/2023
Judgment affirmed where appellant’s argument that evidence was insufficient to convict him is barred by Rule 5A:18; witness’ testimony was not inherently incredible and thus the evidence was sufficient to support appellant’s conviction under Code § 18.2-67.3; appellant’s argument that he received ineffective assistance of counsel is not cognizable on direct appeal
0121221 Emergency Physicians of Tidewater, PLC and Allison L. Raines, D.O., v. Patricia Hanger 02/07/2023
Judgment affirmed where court denied motion to strike; no abuse of discretion in denial of motion for continuance and refusal of defense jury instruction D; no error in refusing corrective action as to rebuttal closing argument or permitting plaintiff to attend trial; argument that court erred in excluding certain medical records barred; any error as to the audit trail is harmless
0202224 Nigel Emanuel McCauley v. Commonwealth of Virginia 02/07/2023
Judgment affirmed as a timely-filed transcript of the final day of the trial, or a written statement of facts in lieu of a transcript, is indispensable to resolve appellant’s arguments concerning the sufficiency of the evidence and the jury instructions, Rule 5A:8(b)(4)(ii); no abuse of discretion in court’s exclusion of appellant’s proposed evidence regarding the victim
0214221 Reneve Pleasants v. Commonwealth of Virginia 02/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of misdemeanor destruction of property, Code § 18.2-137.1
0262222 Christopher Brennan v. Virginia State Police 02/07/2023
Trial court did not err in dismissing appellant’s appeal from the hearing officer’s decision to uphold appellant’s termination by the Virginia State Police, as the decision was not contradictory to law
0303223 Anthony Laron Fitzgerald v. Commonwealth of Virgina 02/07/2023
Trial court did not err in finding appellant guilty of malicious wounding when the totality of the evidence demonstrated he acted with the requisite malice and intent, Code § 18.2-51
0316223 Christopher O. Hill v. Shanita Hill 02/07/2023
Trial court did not err in awarding sole legal and physical custody of the children to mother and supervised visitation to appellant after considering all the statutory factors and the evidence, Code § 20-124.3
0358223 Scott Brian Dunn v. Cityscape, LLC and Flagship City Insurance Co. 02/07/2023
No error in Commission’s finding that appellant was an independent contractor
1192223 Corbyn Nicole Miller v. Commonwealth of Virginia 02/07/2023
Trial court erred in finding appellant’s conduct violated a special condition of her probation on both a robbery and weapons charge and imposing a term of active incarceration on the robbery probation revocation, Code § 19.2-306.1; no error in finding appellant violated the terms of her probation; remanded for resentencing and entry of a new revocation order
1341223 Commonwealth of Virginia v. Christopher Neil Dotson 02/07/2023
Judgment reversed and case remanded where totality of the circumstances demonstrated deputy had probable cause to believe appellant was in possession of illegal narcotics; appellant’s failure to include the trial court case number on the original notice of appeal did not deprive this Court of jurisdiction where the certificate provided necessary clarification
0180221 Brian Gene Smith v. Commonwealth of Virginia 01/31/2023
Judgment affirmed where evidence was sufficient to convict appellant of all charges against him; argument that the evidence was insufficient as a matter of law to prove he committed forcible sodomy barred by Rule 5A:18; no abuse of discretion in court’s refusal to strike two prospective jurors for cause
0194221 Joseph Ryan Alvey v. Commonwealth of Virginia 01/31/2023
Trial court did not abuse its discretion in imposing an active sentence of two years and six months on a probation violation after considering the discretionary sentencing guidelines and evidence presented
0318224 Francisco Javier Saravia v. Commonwealth of Virginia 01/31/2023
Trial court did not err in finding appellant exercised the requisite care and control over the victim to establish a supervisory relationship and sufficient evidence to convict him of custodial indecent liberties, Code § 18.2-370.1
0351223 Raymond Travis Swinson, Sr. v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as Code § 46.2-1003(C) does not apply retroactively; evidence was sufficient for jury to convict appellant of possession with intent to distribute methamphetamine; any error by trial court in rejecting appellant’s proposed jury instruction (Virginia Model Criminal Jury Instruction 22.350) in its entirety is harmless error
0637222 Gabriel Urijah Davis v. Commonwealth of Virginia 01/31/2023
Judgment affirmed where appellant failed to preserve the issue of sufficiency of the evidence by renewing his motion to strike or by moving to set aside the verdict; Rule 5A:18
0687222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant’s motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant’s written statement of facts as it failed to comply with Rule 5A:8(c)
0705222 Khalil Abdel Salahuddin v. Commonwealth of Virginia 01/31/2023
Trial court did not err in issuing an order of forfeiture where appellant was personally served with notice of the seizure; no abuse of discretion in denying appellant’s motion to set aside the default judgment entered in the case
0708222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant’s motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant’s written statement of facts as it failed to comply with Rule 5A:8(c)
0710222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant’s motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant’s written statement of facts as it failed to comply with Rule 5A:8(c)
0813221 Lawrence E. Mattison v. The Secretary of Veterans 01/31/2023
Judgment affirmed where appellant’s first assignment of error is barred by Rule 5A:20; the remaining assignments of error are waived as a timely-filed transcript of the April 29, 2022 hearing, or a written statement of facts in lieu of a transcript, is indispensable to resolving those matters, Rule 5A:8(b)(4)(ii)
0872223 Ricky Lee Motley v. Commonwealth of Virginia 01/31/2023
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentences and imposing two years and ten months of active incarceration after he violated several of the terms of his suspension
0873223 Sadiq Aqueel Adams v. Commonwealth of Virginia 01/31/2023
Trial court did not err in granting jury instruction six, as it contained an accurate statement of the law
0983223 William Douglas Linkenhoker, Jr. v. Commonwealth of Virginia 01/31/2023
Trial court did not err in its sentencing of appellant for possession of methamphetamine with intent to distribute, possession of a firearm while in possession of methamphetamine, and possession of a firearm by a nonviolent felon after entry of his guilty pleas; no error in the sentencing of appellant on his probation violation
0995223 Darren Antonio Bennett v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as appellant’s argument that the Commonwealth failed to prove a breaking occurred, pursuant to Code § 18.2-91, is barred by Rule 5A:18
1276211 Eric Lee Dunford-Landers v. Commonwealth of Virginia 01/31/2023
Trial court did not err in finding sufficient evidence to convict appellant of taking indecent liberties with a child under the age of 15, Code § 18.2-370(A)(1)
1323224 Commonwealth of Virginia v. Irina S. Barrett 01/31/2023
Judgment reversed as trial court erred in granting a motion to suppress where the criminal complaint and affidavit provided time and location, a nexus between the dead dog and defendant, and non-conclusory information supporting probable cause, sufficient for the magistrate to issue the warrant
1334211 Markese J. Pryor v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as there was sufficient evidence to convict appellant of rape and abduction; no abuse of discretion as to the sentence imposed; argument that the abduction charge was subsumed within the rape charge is barred by Rule 5A:18
1365212 Levelle D. Terry v. Commonwealth of Virginia 01/31/2023
Trial court did not err in denying appellant’s motion to suppress as he was properly detained as part of a lawful traffic stop and he voluntarily provided the officer with identification
0083223 Corey Matthew May v. Commonwealth of Virginia 01/24/2023
Judgment reversed where trial court abused its discretion in denying appellant’s motion for deferred disposition under Code § 18.2-57.3 based on its belief that deferred dispositions should not be available for assault and battery crimes; case remanded to consider whether appellant is an appropriate candidate for a deferred disposition
0095224 Leon Strom v. Transdev Services, Inc. and Old Republic Ins. Co. 01/24/2023
No error in Commission’s finding that appellant failed to prove a compensable injury by accident
0117221 Charles S. Friedman, et al. v. Mona Friedman Smith, et al. 01/24/2023
Trial court did not err in holding appellant in contempt after he violated the explicit terms of the trial court’s order
0280223 Shawntay Lakeith Swann v. Commonwealth of Virginia 01/24/2023
Trial court did not err in denying the motion to suppress where there was reasonable suspicion to justify the traffic stop; there was sufficient evidence that appellant was aware of the nature and character of cocaine found in dollar bills collected from his pants pocket and thus he knowingly and intentionally possessed the substance
0334224 Christopher J. Martin v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where appellant failed to establish that the exception to Rule 1:1(a) found in Code § 8.01-428(D) should apply to his motion to vacate his convictions; argument that trial court lacked jurisdiction over the case waived by operation of Rule 1:1(a)
0415223 Zane Chandler Christian v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in sentencing appellant in excess of the sentencing guidelines, after accepting his no contest pleas to various felonies, as the court considered all the relevant mitigating and aggravating factors
0442222 Karl Christopher Mitchell v. Commonwealth of Virginia 01/24/2023
Trial court did not err in finding sufficient evidence to convict appellant of grand larceny of a motor vehicle
0495221 Nancy Friedman v. Estate of Gerald Friedman 01/24/2023
Trial court abused its discretion in holding appellant in contempt as she violated no express command given her by the trial court
0585222 David Brian Loeper, II v. Commonwealth of Virginia 01/24/2023
Trial court did not err in denying appellant’s motion to suppress evidence found in a vehicle when the search was based on the smell of marijuana “wafting” from the open sunroof and the search was conducted almost a year before Code § 18.2-250.1(F) went into effect
0587224 Cory Deon Coates v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in imposing a total sentence of eighty years’ incarceration with fifty years suspended for appellant’s convictions of four counts of aggravated sexual battery
0617221 Brandon Michael Expectacion v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where timely-filed transcripts, or a written statement of facts in lieu of a transcript, are indispensable to a determination of the assignment of error, Rule 5A:8(b)(4)(ii)
0734223 Robert Lamont Chu, Jr. v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in sentencing appellant to the balance of his previously suspended sentences after he violated the terms of his supervised probation for a fourth time
0787223 Kevin O'Neal Allen v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in imposing an active term of incarceration of forty-five years where the record proves the court considered the guidelines and the circumstances of the offenses, as well as appellant’s history, conduct, and the need to protect the public, and explained in writing why it deviated from the guidelines, Code § 19.2-298.01(B)
0936223 Rodney Howard Broughman v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in revoking appellant’s entire suspended sentence and resuspending three years after he was convicted of numerous offenses during his probation period
0955222 Deon Carter v. Commonwealth of Virginia 01/24/2023
Trial court did not err in finding appellant failed to establish that the court’s acceptance of his guilty pleas to the crimes in which he was involved resulted from extrinsic fraud perpetrated upon the court, Code § 8.01-428(D); appellant’s motion to vacate his convictions was an impermissible collateral attack upon the court’s judgment
0984222 Tramil Jackson v. Commonwealth of Virginia 01/24/2023
Judgment affirmed as appellant did not file a written statement of facts supplementing a missing portion of the transcript of the motion to suppress hearing, and such filing is indispensable to resolving the appeal, Rule 5A:8(b)(4)(ii)
1384211 Robert Maurice Bates v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where a timely-filed transcript of the November 5, 2021 proceeding, or a written statement of facts in lieu of a transcript, is indispensable to resolving the appeal, Rule 5A:8(b)(4)(ii)
0007223 Latisa Danielle Hubbard v. Lynchburg Department of Social Services 01/17/2023
Termination of appellant’s parental rights affirmed where appellant’s waiver of her right to challenge the court’s decision under Code § 16.1-241(E)(i) moots her challenge to the termination under Code § 16.1-241(C)(2)
0014221 Tyrion James Brown v. Commonwealth of Virginia 01/17/2023
Trial court did not err in convicting appellant of violating Code § 46.2-865.1 where there was sufficient evidence to find appellant participated in a race, acted with reckless disregard for human life, and his actions were a proximate cause of a collision
0114221 Brandon Aaron Burr v. Kathryn Kyrscio Burr 01/17/2023
Judgment affirmed as no transcript or written statement of facts of the August 16, 2021 hearing was timely filed and such is indispensable to addressing appellant’s argument that the court erred in requiring him to pay all of the GAL fees; appellant’s arguments that trial court erred in appointing a particular GAL and in calculating the GAL fees are barred by Rule 5A:18
0160223 Paul Travis Edwards v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that the Commonwealth presented sufficient evidence to establish the corpus delicti of ten sexual battery offenses and corroborate appellant’s confession; evidence was sufficient to support the convictions of misdemeanor sexual battery
0199211 Sundari Karma Prasad v. Commonwealth of Virginia 01/17/2023
Judgment affirmed where the sentence imposed was not due to an abuse of discretion; appellant’s argument that the court’s consideration of documents she faxed to it violated her due process rights barred by Rules 5A:18 and 5A:20(c)
0204223 Slurry Pavers, Inc. v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that appellant violated Code § 46.2-1126 as its paver is a vehicle as defined by Code § 46.2-100
0265223 Eric Lee Tomlin v. Commonwealth of Virginia 01/17/2023
Trial court did not err in accepting the witness’ version of events, rejecting appellant’s affirmative defense, and finding appellant guilty of using a firearm in the commission of a felony and wearing body armor while committing a crime; as no error was found in assignments of error I-III, it is not necessary to reach assignment of error IV
0323223 Austin Guy Cox v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that the victim’s testimony and DNA results provided sufficient evidence to support appellant’s convictions for object sexual penetration, Code § 18.2-67.2, and rape, Code § 18.2-61
0354222 Carson Mitchell Jones, s/k/a Carson M. Jones Jr. v. Commonwealth of Virginia 01/17/2023
Trial court did not err when it convicted appellant of assault after general district court acquitted him of brandishing a machete; doctrine of issue preclusion did not prevent Commonwealth from introducing evidence that appellant intentionally wielded a knife and created reasonable fear in the minds of the victims because that specific fact was not the basis of the acquittal
0379224 Brian D. Bailey v. Amy K. Sarina 01/17/2023
Trial court did not abuse its discretion in finding the October 2010 child support order was effective from June 6, 2014 through May 5, 2021 and appellant was obligated to provide child support for those dates; no error in trial court’s stated amount of arrearages inclusive of interest; no error in trial court’s denial of sanctions against appellee and her counsel
0569224 James B. Haybyrne v. Marilou Yuson Dumapias 01/17/2023
Judgment affirmed where no timely-filed transcript of the contempt hearing or written statement of facts in lieu of a transcript was filed and a transcript or statement of facts is indispensable to addressing appellant’s argument regarding service of the Rule to Show Cause, Rule 5A:8(b)(4)(ii)
0574224 Justin Michael Payne v. Commonwealth of Virginia 01/17/2023
Judgment affirmed as failure to follow the sentencing guidelines “shall not be reviewable on appeal . . . ,” Code § 19.2-298.01(F); recommended sentencing ranges in the discretionary guidelines are not binding, but are tools to be used in fixing the appropriate sentence within the statutory limitations; argument that sentence violated plea agreement barred by Rule 5A:18
1290212 Michael D'Angelo Lambert, Sr. v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding sufficient evidence to convict appellant of possession of a firearm by a convicted felon, notwithstanding his defense that his possession was justified and necessary, and unlawfully shooting into an occupied building, Code § 18.2-279; no error in trial court’s denial of appellant’s motion to set aside the verdicts
0003222 Ashley Michelle Unger v. Commonwealth of Virginia 01/10/2023
Trial court had jurisdiction over appellant’s case but erred in finding appellant’s conduct, viewed in the totality, amounted to acts or omissions willfully contributing to the delinquency of a minor under Code § 18.2-371
0040221 Robert Wayne Compton, Jr., s/k/a Michael Compton v. Commonwealth of Virginia 01/10/2023
Trial court did not err in convicting and sentencing appellant under the now-repealed Code § 18.2-104, nor did the court render inconsistent verdicts; evidence was sufficient to convict appellant of petit larceny, third offense
0042224 Nils Kinuani v. George Mason University 01/10/2023
Trial court did not err in finding denial of appellant’s request for in-state tuition was not arbitrary or capricious under SCHEV guidelines; no error where court disregarded appellant’s claim based on a pending asylum application; appellant’s permanent residency application filed after the request for in-state tuition had been denied does not render decision arbitrary or capricious
0191223 Lindsey Kay Thomas v. Commonwealth of Virginia 01/10/2023
Trial court did not err in denying appellant’s motion to dismiss the charge of possession of a schedule I or II controlled substance because the version of Code § 18.2-251.03 in effect at the time of the offense and the indictment against her had not yet been amended to encompass her circumstances and the amendment did not apply retroactively
0389224 Joseph Cerroni v. Jacqueline Nadine Douglas, Guardian of the estate of S.D. 01/10/2023
Trial court judgment reversed as void ab initio where the court lacked subject matter jurisdiction, due to the absence of any constitutional or statutory authority to consider appellant’s attorney fee application; application based on erroneous belief that court was required to pre-authorize payment of attorney fee if distributed from minor’s estate and determine if fee was reasonable
0783222 Debra Wolcott v. Henretty Construction Group, LLC 01/10/2023
Judgment affirmed where appellant’s failure to timely file the transcripts or a valid written statement of facts precludes consideration of her assignments of error
0938213 Brandon Douglas Galloway v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where appellant’s arguments regarding trial court’s consideration of hearsay testimony at the sentencing hearing and the circuit court’s practice of substituting judges are barred by Rule 5A:18; good cause exception is not applicable in this case and the record demonstrates no miscarriage of justice occurred
0972224 Nathan Davis, s/k/a Nathan Antonio Davis v. Commonwealth of Virginia 01/10/2023
Trial court did not err in dismissing appellant’s independent action to set aside judgment by default, pursuant to Code § 8.01-428, for failure to state a claim
1140214 Keith Edward Lucas, Jr. v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where trial court’s stated reason for departing from the sentencing guidelines recited appellant’s technical probation violations rather than his failure to pay court costs was harmless error; argument as to appellant’s ability to pay court costs barred by Rule 5A:18
1273213 Trajan Jerome Lanier v. Commonwealth of Virginia 01/10/2023
Judgment affirmed after imposition of active prison sentence of eight years when appellant pled guilty under a written plea agreement to possession of a firearm while in possession of fentanyl and possession with intent to distribute fentanyl; no abuse of discretion in denying motion to reconsider sentence due to new evidence; Rule 5A:18 bars argument as to mitigation evidence.
1275213 James Andrew Nutter, s/k/a James Andrew Nutter, Jr. v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where the evidence was sufficient to convict appellant of rape and sodomy; no abuse of discretion in admitting a police officer’s testimony about the victim’s report of the attack, Code § 19.2-268.2; no abuse of discretion as to the sentence imposed; remaining assignments of error barred by Rule 5A:20
1299213 Peter Jaeger Dillon, s/k/a Peter Jaegar Dillon v. Commonwealth of Virginia 01/10/2023
Trial court did not abuse its discretion in rejecting certain jury instructions proffered by defendant; the denial of appellant’s motion to strike was not plainly wrong or without evidence to support it because a reasonable fact finder could conclude that appellant possessed cocaine
0032221 Ray Lindsay Everette v. Commonwealth of Virginia 12/29/2022
Trial court did not err in convicting appellant under Code § 46.2-357, which was repealed before appellant’s trial, as there was no indication the repeal of the statute was to be applied retroactively; evidence was sufficient to prove appellant was the driver of the vehicle
0048221 Dimitry Shvets v. Michele N. Shvets 12/29/2022
Judgment of trial court affirmed where appellant failed to file a transcript or written statement of facts in lieu of transcript of the November 23, 2021 hearing
0066223 Jerel Blake Smals v. Commonwealth of Virginia 12/29/2022
No error in trial court’s finding that evidence was sufficient to prove a breaking occurred and that the witnesses were not inherently incredible
0085221 Laderrian Devonnae Copeland v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fixing the amount of restitution because a preponderance of the evidence supported the trial court’s finding
0211223 Michael Brian Motley v. Commonwealth of Virginia 12/29/2022
No error in jury’s determination that victim’s testimony was neither inherently incredible nor unbelievable as a matter of law and was sufficient to support appellant’s convictions
0308222 Breshon Avonte Evins v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant
0320222 Christopher Elliott Howard, s/k/a Christopher Elloit Howard v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of multiple counts of forging and/or uttering in violation of Code § 18.2-172; counsel’s Anders motion to withdraw is granted
0321222 David Reginald Jones v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery, Code § 18.2-57, violation of a protective order, Code § 16.1-253.2, trespassing, Code § 18.2-119, and abduction, Code § 18.2-47
0336224 Ajae' D. Jackson v. Commonwealth of Virginia 12/29/2022
Evidence was sufficient to support jury’s verdict that appellant intended to assault the officer
0372221 Hayley Callaghan v. City of Virginia Beach Department of Human Services 12/29/2022
Trial court did not err in terminating appellant’s parental rights to her child or in approving the foster care goal of adoption
0402221 Shawn Jaquaye Featherston v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fashioning appellant’s sentences upon his guilty pleas
0512224 Derrick Alexander Marks v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fashioning appellant’s sentences
0535224 William J. Major, III v. Antoinette E. Dack 12/29/2022
Judgment of trial court’s awarding attorney fees to appellee affirmed where appellant failed to timely file a transcript or statement of facts from the hearing on the attorney fee issue
0558221 Samuel Adil Aguilar Rodriguez v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant to a term of incarceration both within the sentencing guidelines and the statutory range for malicious wounding
0596223 Kelly Huff, s/k/a Kelly Lynn Huff v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of unlawfully removing property without the intent to steal, Code § 18.2-137; counsel’s Anders motion to withdraw is granted
0663223 Russell Clinton Huntley v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of attempting to possess with the intent to distribute a Schedule I/II controlled substance, Code § 18.2-248; appellant’s arguments related to various trial issues are barred by Rule 5A:18; counsel’s Anders motion to withdraw is granted
0691224 Emily Michelle Race v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in denying appellant’s motion for reconsideration of her sentence
0715221 Shana Christine Winborne v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant to an active sentence of seventeen years, as permitted under appellant’s plea agreement, for appellant’s conviction of second-degree murder, Code § 18.2-32; appellant’s claim that appellant’s double jeopardy rights were violated are found to be without merit; counsel’s Anders motion to withdraw is granted
1054222 Commonwealth of Virginia v. Richard Hendrick, s/k/a Richard Alvin Hendrick 12/29/2022
Trial court did not err in finding that officers lacked reasonable, articulable suspicion to justify a protective sweep of appellee’s vehicle when they first encountered him at a traffic stop and even if appellee’s statement regarding a gun charge provided that reasonable suspicion, the officers exceeded the permissible scope of a protective sweep
1270211 Patrick Austin Carolino v. Commonwealth of Virginia 12/29/2022
Trial court erred in admitting prior bad acts evidence in rebuttal solely to impeach the appellant’s credibility regarding issues raised by the Commonwealth on cross-examination
1291211 Terrell Markese Cramer v. Commonwealth of Virginia 12/29/2022
No error in trial court’s finding that evidence was sufficient to prove appellant had the requisite intent to assault and batter the officer
0013223 Sara JoAnne Martin v. Philip Martin and Donna Martin 12/20/2022
Trial court erred by not actually and clearly considering the statutory factors under Code § 20 124.3 in conducting its best interest of the children analysis and thus did not satisfy the basic requirements of the statute
0086221 Terry LaShawn Griffin v. Commonwealth of Virginia 12/20/2022
No error in trial court’s finding that appellant’s close proximity to the firearm and the circumstantial evidence that the items in the bag belonged to appellant provided sufficient evidence to support the conviction
0112223 Samuel Wayne Hale v. Commonwealth of Virginia 12/20/2022
Judgment of trial court affirmed where appellant was not prejudiced by the untimely amendments to the indictments as appellant understood at the time of his guilty pleas that he was subject to maximum punishments of life in prison for the convictions of attempted capital murder of a law enforcement officer
0203221 Jeffery Todd Hirschberg, s/k/a Jeffrey Todd Hirschberg v. Commonwealth of Virginia 12/20/2022
Appellant’s argument regarding sufficiency of the evidence waived pursuant to Rule 5A:18; trial court did not abuse its discretion in admitting the testimony of the deputy about a prior encounter with law enforcement and mitigated any unfair prejudice with an instruction limiting the jury’s consideration of the officer’s testimony
0364222 Shinita Quinnette Banks-Grant v. Christopher Terrell Grant, Sr. 12/20/2022
Appellant’s arguments waived on appeal for failure to comply with Rule 5A:20 and the record fails to develop or preserve her claims
0369221 Corey Antoine Anderson v. Commonwealth of Virginia 12/20/2022
Appellant’s arguments regarding whether his guilty pleas were knowingly, voluntarily, and intelligently made waived pursuant to Rule 5A:18; trial court did not abuse its discretion in sentencing appellant
0388224 Joshua Dean Drenth v. Elizabeth Anne Drenth 12/20/2022
Judgment affirmed where any error by the trial court’s application of the doctrine of recrimination was harmless as the evidence supported a no-fault ground of divorce; court properly compared evidence as to each parties’ degrees of fault and economic circumstances when awarding spousal support; argument as to wife’s attorney fees barred by Rule 5A:18
0475224 Lawrie Giannamore, f/k/a Lawrie G. Gullion v. William D. Gullion 12/20/2022
Trial court erred in finding the law of the case doctrine foreclosed further litigation on the voluntariness of appellee’s termination
0737212 Jerry Wayne Remines v. Commonwealth of Virginia 12/20/2022
Trial court did not err in convicting appellant of multiple counts of possession of child pornography where the evidence showed he intentionally sought out child pornography, as demonstrated by his browser bookmarks, app chat history, and group memberships, and he accessed cached pornographic files
0943211 John Blount, Jr., v. Commonwealth of Virginia 12/20/2022
Trial court did not err in convicting appellant of rape, carnal knowledge, and taking indecent liberties, as the Commonwealth’s evidence was competent, not inherently incredible, and sufficient to sustain the convictions; trial court did not abuse its discretion in denying appellant’s motion for a new trial
1048224 Commonwealth of Virginia v. Nicholas Giampa 12/20/2022
Trial court did not err in suppressing appellee’s statements where the Commonwealth failed to prove by a preponderance of the evidence that appellee knowingly and intelligently waived his Miranda rights during an interview at the hospital where he was being treated for a traumatic brain injury
1200212 Tedequez Taimark Jones v. Commonwealth of Virginia 12/20/2022
Trial court did not abuse its discretion in imposing an active term of incarceration upon revocation of appellant’ sentences for the third time
1223211 Bradley Jay Brown v. Commonwealth of Virginia 12/20/2022
Judgment affirmed in part where the evidence was sufficient to convict appellant of aggravated malicious wounding, use of a firearm, possession of ammunition by a convicted felon, larceny of a firearm, maliciously discharging a firearm, and possession of a firearm by a violent felon; judgment reversed as to the common law armed burglary conviction
1294211 Randy Lee Harris, s/k/a Randy Lee Harris, Jr., v. Commonwealth of Virginia 12/20/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the perpetrator of the burglary, grand larceny, and destruction of property offenses
1321212 Osmar Hernandez Santa Maria, a/k/a El Prince v. Commonwealth of Virginia 12/20/2022
Trial court did not err in finding sufficient evidence for jury to convict appellant of first-degree murder, two counts of use of a firearm in the commission of a felony, and three counts of attempted robbery
1641223 Robert Lee Jeffrey, Jr., v. Sherman Lea, Sr., et al. 12/20/2022
Judgment of trial court granting appellees’ demurrer reversed where appellant did not join necessary parties to his declaratory judgment action
0018221 Eliejah Khalid Hasan Williams v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of abduction
0020222 Michael Allen Fauntleroy v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence and imposing a one year and five month term of active incarceration
0030221 Daniel William Drier v. Commonwealth of Virginia 12/13/2022
Trial court did not err in denying appellant’s motion to suppress where facts reveal appellant was not subjected to an unreasonable search and seizure as officer had reasonable suspicion to conduct the pat down
0187213 Antonio Tquan Terry, s/k/a Antonio T-Quan Terry v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where there was no abuse of discretion when trial court concluded a juror did not intentionally lie during voir dire and found a correct response would not have provided a valid basis for challenge for cause; public confidence argument barred because it was not raised before the trial court
0232223 Edward L. Mahler v. Lawrence Perry and Associates, Inc. 12/13/2022
Judgment affirmed where appellant’s second, third, fifth, sixth, eleventh, and sixteenth assignments of error do not address a specific trial court ruling, finding, or failure to rule, Rule 5A:20(c)(2); appellant’s remaining assignments of error are waived because his brief contains insufficient legal analysis or authority, Rule 5A:20(e)
0275222 Craig Eugene Adams v. Commonwealth of Virginia 12/13/2022
Trial court did not err in denying appellant’s motion to suppress evidence after applying the doctrine of inevitable discovery; no error in finding sufficient evidence to convict appellant of falsely identifying himself to a law enforcement officer, Code § 19.2-82.1
0307221 Euphrates Earl Bean v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where a timely filed transcript or written statement of facts is indispensable to a determination of the assignments of error presented by appellant, Rule 5A:8
0377223 Lisa Michele Parker, a/k/a Lisa M. Parker v. Commonwealth of Virginia 12/13/2022
Evidence at trial was sufficient to support verdict of guilty of assault and battery of a law enforcement officer; trial court did not abuse its discretion in denying appellant’s motion for a continuance where appellant did not establish surprise or prejudice or in denying appellant’s proposed jury instructions
0387223 Angela Carol Summitt v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion when it sentenced appellant to twenty years in prison with twelve years suspended for her conviction of distribution of methamphetamine and directed the sentence run consecutively with another sentence
0528221 Edward L. Watson v. Commonwealth of Virginia 12/13/2022
Judgment affirmed as appellant failed to produce an adequate appellate record for review of trial court’s denial of appellant’s motion to vacate certain convictions
0978211 Bryan Carl Cage v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where any error by the trial court in joining the child pornography and shooting offenses for a single trial was harmless given the overwhelming admissible evidence of appellant’s guilt for both sets of charges; trial court did not err in excluding evidence of the police dog attack on appellant after the initial shooting
1021211 David Keenan Brown v. Commonwealth of Virginia 12/13/2022
Judgment reversed as to appellant’s conviction for driving under the influence of drugs pursuant to Code § 18.2-266 because the drugs at issue do not give rise to a statutory presumption of causation; judgment affirmed as to his conviction for following too closely, Code § 46.2-816
1052213 Antoine Juwan Jefferson v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of felony child abuse or neglect, Code § 18.2-371.1, and felony murder, Code § 18.2-33
1144213 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 12/13/2022
Workers’ Compensation Commission’s opinion denying appellant’s request for a cost of living adjustment is affirmed because this Court is without jurisdiction to review a deputy commissioner’s findings; appellant’s remaining arguments are waived under Rule 5A:20(e)
1146213 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 12/13/2022
Workers’ Compensation Commission’s opinion denying appellant’s request for certain medical and disability benefits is affirmed because appellant’s opening brief does not comply with Rule 5A:20
1242211 Roquan Rogers v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion in denying appellant’s motion for a mistrial after a law enforcement officer testified about appellant’s pending charge for conspiracy to distribute cocaine in an unrelated case where substantial evidence supported the conviction and the agent’s isolated statement was not so prejudicial it could not be cured by a jury instruction
1244212 Ryan Taylor Potts v. Commonwealth of Virginia 12/13/2022
No error in trial court’s finding evidence was sufficient to prove appellant committed assault and battery on the victim; appellant’s argument regarding failure to appear conviction waived under Rule 5A:18
1349212 Raymond R. Kilburn v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of forcible sodomy
0092223 Derik William Pruett v. Commonwealth of Virginia 12/06/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of methamphetamine
0233223 Clay Chastain v. Bedford Regional Water Authority 12/06/2022
Judgment affirmed where the record contains evidence sufficiently probative to establish that the reasonableness of Bedford Regional Water Authority’s connection fee policy is fairly debatable
0510212 Richmond Department of Social Services v. Jazlene Wells and Damien Roane 12/06/2022
Judgment reversed where appellant’s evidence established the elements of Code § 16.1-283(B) and mother and father’s parental rights are terminated
0554224 Ronald C. Devine v. Kevin Kiley and Lauren Kiley 12/06/2022
Trial court did not err in denying appellant’s motion to strike and refusing to set aside the jury’s verdict on the fraud-in-the-inducement claim; no abuse of discretion in trial court’s refusal to give appellant’s proposed Jury Instruction A
0583223 Derrick A. Edwards v. Glen Youngkin, Governor of Virginia, et al. 12/06/2022
Trial court did not err in concluding the allegations in support of appellant’s petition for a writ of quo warranto were legally insufficient to authorize the issuance of the writ
0624224 Steven Bernarde Odoms v. Fairfax County Department of Family Services 12/06/2022
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
0635213 Brianna Michelle Tipton v. Commonwealth of Virginia 12/06/2022
Trial court did not abuse its discretion in admitting photographs of the victim’s wounds, the statements identifying and authenticating the photographs, video footage, and photographs related to the condition of appellant’s house
0896212 Trequan Devonte James v. Commonwealth of Virginia 12/06/2022
Judgment affirmed where trial court’s refusal to exclude the firearm and photos on collateral estoppel grounds was not error; no abuse of discretion in admitting home security video footage; evidence sufficient to convict appellant of first-degree murder and use of a firearm; res judicata, double jeopardy, and foundation for video footage arguments are barred by Rule 5A:18
1186211 Sean James Horan v. Commonwealth of Virginia 12/06/2022
Judgment affirmed in part as to appellant’s convictions for assault and battery of a law enforcement officer, attempt to disarm a law enforcement officer, criminal trespass, and disorderly conduct; judgment reversed as to appellant’s conviction of attempting to prevent his arrest by fleeing from a law enforcement officer, Code § 18.2-460(E)
0404222 Lenny Dortch, s/k/a Lenny Riccardo Dortch v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in sentencing appellant to two life sentences for convictions of rape and abduction with intent to defile; counsel’s Anders motion to withdraw is granted
0428222 Roy Lawrence Latta, III v. Commonwealth of Virginia 11/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, Code § 46.2-817; counsel’s Anders motion to withdraw is granted
0473222 David Matthew Vanwormer, s/k/a David Vanwormer v. Commonwealth of Virginia 11/29/2022
Judgment affirmed where appellant conceded he violated the terms of his supervised probation and the trial court did not abuse its discretion by imposing an active term of four years; argument that it was error to find appellant in violation based on hearsay evidence barred by Rule 5A:18; counsel’s Anders motion to withdraw is granted
0503223 Garrett Patrick Chapin v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in revoking appellant’s previous sentence of nineteen years suspended and resuspending fifteen years; counsel’s Anders motion to withdraw is granted
0825211 Jeremiah Jay Jones, Jr. v. Commonwealth of Virginia 11/29/2022
The trial court did not err when it found sufficient evidence to convict appellant of attempted possession of a firearm while subject to a protective order, Code § 18.2-308.1:4(B), and two counts of making false statements on a firearm consent form, Code § 18.2-308.2:2(A)
1310212 Michael Alan Humphries v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion by imposing the maximum active sentence permitted under appellant’s plea agreement; counsel’s Anders motion to withdraw is granted
1348213 Yolanda Velez v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and in imposing a sentence of one year and nine months of incarceration
1386213 William Swango Williams, II v. Lynchburg Department of Social Services 11/29/2022
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
0076221 Samuel David Yancey v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where there was sufficient evidence to convict appellant of assault and battery under Code § 18.2-57(C); court’s ruling on post-trial motions was a nullity and has not been preserved for appeal
0107222 James Daniel Bean v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where there was sufficient evidence to convict appellant of violating Code § 18.2-474.3(C); trial court was not plainly wrong to reject appellant’s defense of entrapment as the evidence did not support his argument
0142221 Dimantre LaShawn Hall-Randall v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentences and imposing the full terms in their entirety
0195221 Curtis Benjamin Harrell v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where a timely filed transcript or written statement of facts of the suppression hearing is indispensable to determine whether the trial court abused its discretion when it denied appellant’s motion to suppress, found the evidence sufficient, and imposed its sentence, Rule 5A:8; appellant’s third assignment of error also waived, Rule 5A:20
0197221 Curtis Benjamin Harrell v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence in its entirety, resuspended only one year of the revoked sentence, and directed the revoked sentence be served consecutively with the sentences for his new convictions
0293222 Brian Lee Cheatham v. Commonwealth of Virginia 11/22/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of heroin; counsel’s Anders motion to withdraw is granted
0376222 Paul Bracy Powell v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion when imposing four years of active incarceration and $100,000 in restitution; the Commonwealth did not perpetrate fraud on the trial court; counsel’s Anders motion to withdraw is granted
0457222 JaQuan Moultrie v. Commonwealth of Virginia 11/22/2022
Trial court did not err in finding sufficient evidence of a willful, deliberate, and premeditated killing and convicting appellant of first-degree murder and unlawful stabbing; counsel’s Anders motion to withdraw is granted
0609223 David Roger Slate v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where appellant’s arguments are barred by Rule 5A:18; the record does not affirmatively establish error, thus, the ends of justice exception does not apply to the consideration of the assignments of error; counsel’s Anders motion to withdraw is granted
0868213 Arun Rashid Turay v. Commonwealth of Virginia 11/22/2022
Upon a Petition for Rehearing – panel rehearing granted
0925213 Mi'Shael Elijah Daye v. Commonwealth of Virginia 11/22/2022
Trial court did not err in denying appellant’s motion to suppress pursuant to the inevitable discovery doctrine; evidence was competent, was not inherently incredible, and was sufficient to sustain appellant’s convictions
1216211 Jeff Hobbs, Sometimes Known as Jeffrey Lee Hobbs v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where appellant failed to preserve the sole issue on appeal and the ends of justice exception is inapplicable
1302213 Michael Kevin Travis v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion in sentencing appellant because the court properly weighed appellant’s mitigating evidence
1397213 Jermaine Darell Cabell, a/k/a, etc. v. Commonwealth of Virginia 11/22/2022
Trial court did not err in denying appellant’s motion to strike the evidence as the evidence was sufficient to demonstrate appellant knowingly and intentionally possessed methamphetamine
0045224 Dao Minh Le v. Oanh Nguyen Le 11/15/2022
Judgment affirmed where there was no error in trial court’s denial of appellant’s request for credit for non-conforming child support payments; argument that the court erroneously ruled that mother’s duty to pay child support ended when the child turned 18 barred by Rule 5A:18; argument regarding award of attorney fees barred by Rule 5A:20
0050224 Fatima Abdulqader Abdulsamad v. Mofid Hussein Deak 11/15/2022
Judgment affirmed as to trial court’s refusal to award either pendente lite or permanent spousal support and its award of attorney fees to husband; error assigned to the denial of a motion for reconsideration is not addressed due to failure to articulate additional facts or argument in support; other arguments cannot be evaluated without a trial transcript, Rule 5A:18
0109222 Markeith Antonio Hunter v. Commonwealth of Virginia 11/15/2022
Trial court did not err in finding it lacked jurisdiction to entertain appellant’s motion to vacate, Rule 1:1(a)
1076224 Commonwealth of Virginia v. Jonathan Daniel Mihokovich 11/15/2022
Order granting motion to suppress is affirmed in a situation where entering a motel room without a search warrant was not objectively reasonable; argument regarding application of the exclusionary rule is not reached because appellant’s assignment of error does not encompass it and it is barred by Rule 5A:18
1362211 Shawn Antoine Keeling v. Commonwealth of Virginia 11/15/2022
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea prior to sentencing where he failed to present any substantive evidence of a reasonable basis for contesting guilt
1367211 Samuel Boyd v. Commonwealth of Virginia 11/15/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute heroin
1433202 Trevell Maurice Saul v. Commonwealth of Virginia 11/15/2022
Judgment affirmed where any potential error in admitting a witness’ written statement was harmless; evidence was sufficient to convict appellant of assault and battery
0023223 Keith Cavelle Mitchell v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding evidence sufficient to convict appellant of aggravated sexual battery
0261222 Herbert J. Morris v. Marc Elias 11/09/2022
Judgment affirmed because a transcript or written statement of facts of the January 27, 2022 hearing was not timely filed and is indispensable to resolving the appeal
0263223 Trevor Alan Neeper v. Commonwealth of Virginia 11/09/2022
Judgment affirmed where appellant waived his argument challenging the arrest warrant because he failed to raise it prior to trial, Rule 3A:9; any error in the trial court’s admission of hearsay evidence was harmless, Code § 8.01-678
0312223 Taylor Ellesse Goodwin v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding that Code § 4.1-1302 did not apply retroactively and denying appellant’s motion in limine to exclude evidence obtained from a traffic stop
0331223 Tyler Glend Coontz v. Commonwealth of Virginia 11/09/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing the balance
0352222 Brandon Keith Browning v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding appellant was aware of the presence and character of the shotgun in his bedroom closet, finding the shotgun was subject to appellant’s dominion and control, and convicting appellant of possession of a firearm by a convicted felon
0679213 Ladarius Tomas Jeffries, s/k/a Ladarius Thomas Jeffries v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding the evidence sufficient to convict appellant of first degree murder, felony use of a firearm, and discharge of a firearm from a motor vehicle
0763224 Maurice Latrel Bryant v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding sufficient evidence to convict appellant of driving under the influence of marijuana based on the totality of the evidence, Code §§ 18.2-266 and -268.10
0911221 Commonwealth of Virginia v. Antonio Victor Oliver, Jr. 11/09/2022
Trial court erred in granting appellant’s motion to suppress evidence where appellant was not in custody when he was interviewed, the interview remained voluntary even after appellant asked about a lawyer, and appellant acquiesced to a buccal swab; the transcript was timely filed pursuant to the trial court’s order correcting a clerical error
1096211 Jon'Ta Shon Germaine Ramsey v. Commonwealth of Virginia 11/09/2022
Judgment affirmed as to trial court’s denial of appellant’s motion to suppress evidence; argument that evidence was insufficient to convict appellant of possession of a firearm by a convicted felon barred by Rule 5A:18
1138213 Charles Darrell Parker, Jr. v. Roanoke City Department of Social Services 11/09/2022
Appeal dismissed for lack of jurisdiction as trial court did not enter a dispositional order in accordance with Code § 16.1-278.2
1185213 Darien Anthony Ewell v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding the evidence was competent, not inherently incredible, and sufficient to sustain appellant’s conviction for assault and battery of a law enforcement officer, Code § 18.2-57(C)
1253213 Robin Ann Steele-Parker v. Roanoke City Department of Social Services 11/09/2022
Appeal dismissed for lack of jurisdiction as trial court did not enter a dispositional order in accordance with Code § 16.1-278.2
1307212 Darrin Lamont Crawley v. Commonwealth of Virginia 11/09/2022
Judgment affirmed where appellant waived the right to raise the sentencing issue on appeal pursuant to the terms of his plea agreement
1363211 Michael Tink Lane v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of a controlled substance; no abuse of discretion in trial court’s sentencing of appellant to terms within the ranges set by the legislature
0009222 Total Quality Logistics v. Riverside Turf, LLC 11/01/2022
Judgment affirmed where appellant failed to establish that appellee was bound by the 2012 contract entered into by Riverside Farm, thus the trial court had proper venue; the emails exchanged by the parties in 2020 formed a valid contract; argument regarding the applicability of federal law in this case barred by Rule 5A:18
0162223 Janie Marie Jarels v. Roanoke County Department of Social Services 11/01/2022
Trial court did not err in finding it was in the best interests of the child to terminate appellant’s parental rights under Code § 16.1-283(C)(2) and approve the goal of adoption
0200223 Jamie Lee Campbell Woodson v. Lynchburg Department of Social Services 11/01/2022
Judgment affirmed where trial court terminated appellant’s parental rights pursuant to Code § 16.1-283(B) and denied child’s placement with his grandmother under Code § 16.1-283(A)
0224224 Ilango Marag v. Shafinah Samsudin 11/01/2022
Trial court did not abuse its discretion in denying a continuance, awarding mother attorney fees, and excluding certain witnesses and evidence of 2020 income; no error in granting mother’s motion to strike; argument regarding court’s refusal to allow certain documentary evidence barred by Rule 5A:20
0255221 Travis Casey Schafer v. Commonwealth of Virginia 11/01/2022
Judgment affirmed where evidence was sufficient to prove appellant was guilty of grand larceny; no abuse of discretion by court in sentencing appellant; argument that evidence was insufficient to prove appellant intended to permanently deprive the owner of the vehicle barred by Rule 5A:18
0341223 Craig Allen Bailey v. Commonwealth of Virginia 11/01/2022
Trial court did not abuse its discretion in revoking the entire remainder of appellant’s sentence, but did abuse its discretion in imposing a sentence that exceeded the time left to serve
0576223 Richard Allen Caldwell v. Commonwealth of Virginia 11/01/2022
Judgment affirmed because a transcript or written statement of facts was not timely filed and is indispensable to resolving the appeal; ends of justice exception will not be applied
1065213 Da'Marcus Sharraya English v. Commonwealth of Virginia 11/01/2022
Trial court did not err in denying appellant’s motion to strike the evidence against him; no abuse of discretion as to various evidentiary rulings by the trial court; no abuse of discretion for ruling the Commonwealth was not required to provide more specific information about the date, time, and location of the offenses
1090213 Odell Cleaven Mines, Jr. v. Commonwealth of Virginia 11/01/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended two-year sentence and resuspending one year
1126214 Frank Devon Harris v. Commonwealth of Virginia 11/01/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence as he failed to prove it was impossible for him to comply with the conditions to which he was subject; no abuse of discretion in the assessment of appellant’s mitigating disability accommodations evidence or consideration of reasonable alternatives to prison
1259213 Asa Jeremiah Hogue v. Commonwealth of Virginia 11/01/2022
Judgment affirmed where the arguments presented on appeal are barred by Rule 5A:18
1282211 Tysheen Devion Payne, s/k/a Tysheen Devion Laquan Payne v. Commonwealth of Virginia 11/01/2022
Judgment affirmed where there was sufficient evidence to convict appellant of two counts of maliciously firing into an occupied vehicle; argument that appellant was acting in self-defense is barred by Rule 5A:18; that portion of the sentencing order related to the charge of maliciously shooting into an occupied dwelling is vacated
1331212 John Irvin, Jr. v. Commonwealth of Virginia 11/01/2022
Judgment affirmed where the trial court did not abuse its discretion in denying a continuance; trial court did not prohibit appellant from asking the complaining witness if she had made earlier rape allegations against him; evidence was sufficient to convict appellant of rape
0021224 William Keith Spaid v. Alisa B. Spaid 10/25/2022
The trial court did not abuse its discretion as to its calculation of the marital equity in the Winchester home, precluding appellant from presenting evidence of the loan balance on the Sonata at trial, and by awarding appellee a portion of her attorney fees and costs; the court did err in its determination that the Toyota was marital property
0228224 Janett Depaz v.The Council of Co-Owners of the Westerlies Condominium Association 10/25/2022
Judgment affirmed where appellant failed to timely file a transcript or written statement of facts of the January 14, 2022 hearing and such is indispensable to resolve appellant’s assignments of error; argument that the trial court failed to consider a “timely submitted non-suit case” filed in the district court is barred by Rule 5A:20
0353221 Lakorie S. Keene v. Commonwealth of Virginia 10/25/2022
Judgment affirmed as appellant’s argument that the trial court erred by finding his guilty pleas were informed and voluntary after he stated he had a “couple of issues” with trial counsel is barred by Rule 5A:18 and the ends-of-justice exception is inapplicable; counsel’s Anders motion to withdraw is granted
0466224 Modern Renovations, LLC V. Dionel Sagastume Espino, ET AL 10/25/2022
Award affirmed where Commission did not err in finding claimant was an employee and not an independent contractor; no error by Commission in refusing a willful misconduct defense that appellant elected not to raise before the Deputy Commissioner; no error by Commission in finding that appellant had to maintain insurance under Code § 65.2-800
0767212 David Matthew Garnett v. Commonwealth of Virginia 10/25/2022
Trial court did not abuse its discretion in revoking appellant’s entire suspended sentence and reimposing the remaining balance after he was convicted of a new crime
0890223 Commonwealth of Virginia v. Eric Walker Thornhill 10/25/2022
Trial court applied the incorrect standard in determining whether appellee’s post-Miranda statements should have been suppressed
1131212 Ricky Timothy Wyatt, Jr. v. Commonwealth of Virginia 10/25/2022
Judgment affirmed where trial court concluded appellant called the witness and asked her to recant certain testimony; arguments that there was insufficient evidence that appellant promised something of value to the witness and did so with the intent to cause the witness to provide false testimony barred by Rule 5A:18 and the ends-of-justice exception is inapplicable
1176211 Daquail Ramon Johnson v. Commonwealth of Virginia 10/25/2022
Trial court did not err in finding the evidence sufficient to support appellant’s conviction of rape
1184213 David Robert Cannaday v. Commonwealth of Virginia 10/25/2022
Trial court did not err in convicting appellant of drug related offenses as he was the driver and sole occupant of a vehicle containing a pouch with a wide variety of valuable illicit narcotics within his reach, he was in possession of an unusually large sum of cash, and the court did not believe his self-serving testimony
1340211 Shannon Warlick, Sometimes Known as Shannon Richard Warlick v. Commonwealth of Virginia 10/25/2022
Judgment affirmed where good cause existed to admit the MVR and ICOTS reports; argument that trial court should have considered the fact that appellant did not violate his probation for three years and had already served fifteen years of probation for a nonviolent crime is barred by Rule 5A:18
1350211 Chidozie Vincent Opara v. Commonwealth of Virginia 10/25/2022
Appellant’s argument that Code § 19.2-306.1 prohibited his sentence not preserved for appeal; trial court did not err in imposing an active sentence upon revocation of appellant’s sentences
1376214 Michael Eugene Summers v. Alicia Lehnes Summers 10/25/2022
Appeal dismissed without prejudice as a trial court’s pendente lite order is neither a final order, nor an appealable interlocutory order pursuant to the provisions of Code § 17.1-405 in effect when appellant noted his appeal
1378212 Micah Lasalle Smith v. Commonwealth of Virginia 10/25/2022
Trial court did not err in finding sufficient evidence that appellant shot victim with intent to maim, disfigure, disable, or kill him and convicting appellant of aggravated malicious wounding, Code § 18.2-51.2
1418214 Chad Richard Umbach v. Commonwealth of Virginia 10/25/2022
Trial court did not err in finding the evidence sufficient to convict appellant of misdemeanor assault, Code § 18.2-57
0039221 Erick Lawrence Plummer, s/k/a etc. v. Commonwealth of Virginia 10/18/2022
Judgment affirmed where evidence was sufficient to convict appellant of driving after being declared an habitual offender; no abuse of discretion in trial court’s sentencing; appellant’s argument that his due process rights were violated as he reasonably believed he was permitted to drive is barred by Rule 5A:18
0123221 JC Alexander Julian Butler v. Commonwealth of Virginia 10/18/2022
Trial court did not err in convicting appellant of possession of marijuana when he threw a bag out of his car window and a bag containing marijuana was located in the street immediately thereafter; there was sufficient evidence to convict appellant of felony eluding where his conduct raised a specter of endangerment to himself, his passenger, other motorists, and pedestrians
0124221 JC Alexander Julian Butler v. Commonwealth of Virginia 10/18/2022
Judgment affirmed where appellant’s argument that his guilty plea was not entered freely and voluntarily is barred by Rule 5A:18; neither the “good cause” nor the “ends of justice” exception can be applied to the facts of this case; no abuse of discretion in the sentence imposed by the court
0242222 Cletis Jullian Cave v. Commonwealth of Virginia 10/18/2022
Trial court did not abuse its discretion in denying appellant an appeal bond under Code § 19.2-319 as the record supports the court’s finding that appellant would pose a danger to the community if released
0463223 Garry Lee Hawley v. Commonwealth of Virginia 10/18/2022
Judgment affirmed as a claim of ineffective assistance of counsel is not reviewable on direct appeal; arguments related to various trial and sentencing issues are barred by Rule 5A:18; appellant did not renew his motion to strike the evidence as to his malicious wounding charge; counsel’s Anders motion to withdraw is granted
0502212 Donald Ray Compton, Jr. v. Commonwealth of Virginia 10/18/2022
Trial court did not err in convicting appellant under Code § 18.2-144; evidence was sufficient to demonstrate appellant acted with malice as a principal in the second degree; evidence was sufficient to prove conspiracy to maim another person’s livestock; evidence was sufficient to convict appellant of possession of a firearm by a convicted felon
0567212 Jowell Travis Legendre v. Commonwealth of Virginia 10/18/2022
Trial court did not abuse its discretion by revoking and imposing the entire term of the previously suspended sentence; argument regarding his probation violation having been based on new convictions on appeal is moot
0771223 Jessica Mae Bryant v. Commonwealth of Virginia 10/18/2022
Judgment affirmed where appellant’s argument that the trial court abused its discretion in revoking appellant’s previously suspended sentence is barred by Rule 5A:18; appellant’s failure to show a miscarriage of justice occurred results in her inability to invoke the ends of justice exception; numerous facts support the court’s decision to revoke appellant’s suspended time
0868213 Arun Rashid Turay v. Commonwealth of Virginia 10/18/2022
Trial court did not err in finding the police officer possessed a reasonable, articulable suspicion of criminal activity to support the investigative stop of appellant and denying the motion to suppress
1104212 Danny Myler v. Commonwealth of Virginia 10/18/2022
Judgment affirmed as the evidence was sufficient to convict appellant of petit larceny, third or subsequent offense; NCIC report was properly admitted under the hearsay exception for business records and was properly authenticated; appellant’s argument that admission of his NCIC/VCIN record violated the Confrontation Clause is barred by Rule 5A:18
1136213 Justice Ahmad Carr v. Commonwealth of Virginia 10/18/2022
Trial court erred in denying appellant’s motion to suppress where there was no particularized, objective basis for suspecting him of criminal activity
1221214 Alexander Arambulo Ventura v. Winchester Department of Social Services 10/18/2022
Trial court did not err in finding sufficient evidence to terminate appellant’s parental rights under Code § 16.1-283(B); appellant’s challenge of foster care goal of adoption subsumed by termination decision
1260213 Timothy P. Griffin v. Angelica Tiffany Griffin 10/18/2022
Trial court did not err because the juvenile and domestic relations district court had jurisdiction to determine spousal support and the circuit court had the discretion to award wife spousal support and attorney’s fees; wife is entitled to a partial attorney’s fee award on appeal
1380212 Christopher Dustin Mayberry v. Commonwealth of Virginia 10/18/2022
Trial court did not abuse its discretion by finding a witness unavailable to testify under Code § 18.2-67.9 and permitting the testimony by closed-circuit television; appellant’s challenge to the sufficiency of the evidence to convict him of aggravated sexual battery is barred by Rule 5A:18; conviction of one count of indecent liberties pursuant to Code § 18.2-370(A)(3) is reversed
0059223 Kellie Renee Johnson and Christopher Aaron Johnson v. Vickie Amanta Johnson, et al. 10/11/2022
Trial court did not err in finding that there was no valid will in place as the testator’s three July 29, 2018, codicils did not effectively revive or re-execute her first will
0248224 Prince William County Public Schools and PMA Management Corp. v. Lorraine Brooks 10/11/2022
Judgment affirmed where claimant’s medical records and testimony provide credible evidence that she was totally disabled from June 4 through June 9, 2021; credible evidence in the record supports the Commission’s factual findings of causation; the Commission applied the correct limitation period, Code § 65.2-708(A)
0324223 Askari Danso M.S. Lumumba, a/k/a Dale Lee Pughsley v. Commonwealth of Virginia 10/11/2022
Judgment affirmed where appellant failed to produce an adequate appellate record to determine whether the trial court erred in denying and dismissing appellant’s motion to vacate his conviction for solicitation of another person to possess drugs with the intent to distribute
0589222 Alfred A. Harper v. Commonwealth of Virginia 10/11/2022
Appeal dismissed for lack of jurisdiction, Rule 1:1(a)
0631211 Mary Landon Benton v. Commonwealth of Virginia 10/11/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute cocaine and Suboxone
1055211 Darone Cortoin Owens v. Commonwealth of Virginia 10/11/2022
Judgment affirmed where the evidence was sufficient to convict appellant of malicious wounding and use of a firearm; no abuse of discretion to admit a photograph even though there was uncertainty about its timing; appellants arguments about the foundation for the photograph and the witness’s description of the shooter’s clothing are barred by Rule 5A:18
1149211 Jerome Henry Meekins v. Commonwealth of Virginia 10/11/2022
Trial court did not abuse its discretion by making appellant’s drug testing and treatment a condition of his resuspended sentence and imposing a three year period of good behavior; arguments based on Code § 19.2-306.1 are barred by Rule 5A:18
1196213 Joshua Douglas Rhodes v. Commonwealth of Virginia 10/11/2022
Trial court did not err in finding sufficient evidence to convict appellant of continuing to practice chiropractic medicine with a suspended license and accepting payment for that practice where appellant’s testimony did not establish an “advice of counsel” defense and the suspension order was not ambiguous, Code §§ 54.1-2409.1 and 18.2-178
1327212 Devrick Raquan Gail v. Commonwealth of Virginia 10/11/2022
Trial court did not err in finding sufficient evidence for jury to convict appellant of first-degree murder and use of a firearm; appellant’s pro se assignments of error and arguments are determined to be without merit, barred by Rules 5A:18, or barred by 5A:20; counsel’s Anders motion to withdraw is granted
1394214 Segio A. Alberto Rodriguez v. Commonwealth of Virginia 10/11/2022
Trial court erred in denying appellant’s motion to suppress his statement to the police as he unequivocally and unambiguously invoked his right to counsel; the denial of the motion to suppress was not harmless error
1413214 Ramon Levert Harris v. Commonwealth of Virginia 10/11/2022
Trial court did not abuse its discretion in granting the Commonwealth’s motion to strike a venireperson for cause or in denying appellant’s motion to strike another venireperson for cause
0231224 Anastazia Huryan v. Harvey J. Volzer, Esq. Benjamin J. Trichilo, Esq. and Susan Pollack, Esq. 10/04/2022
Judgment affirmed as appellant’s arguments are barred by Rules 5A:18 and 5A:20
0287221 Ross Love Howard Hash v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion when imposing sentences that fell within the statutory ranges for appellant’s convictions
0396224 Sondra Schneider v. Ernest Brant and Jocelyn Brant 10/04/2022
Judgment affirmed as a transcript, or written statement of facts in lieu of a transcript, of the December 17, 2021 hearing is indispensable to a determination of appellant’s argument that the trial court erred by denying her motion for sanctions; argument related to the trial court’s decision to sustain a demurrer is barred by Rule 5A:18
0418221 David Keith Trull v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion when it imposed an active sentence of four years and six months after revoking appellant’s previously suspended sentences
0807212 Raiquan Malique Sims v. Commonwealth of Virginia 10/04/2022
Trial court did not err in convicting appellant of first-degree murder as the evidence demonstrated he acted in concert of action with others and such action establishes criminal liability upon a legal theory of transfer of intent, resulting in appellant’s guilt as a principal in the second degree
0917213 Phaedra Bates Schreiner v. Commonwealth of Virginia 10/04/2022
Judgment affirmed where there was sufficient evidence to convict appellant of driving while intoxicated; argument that trial court erred by qualifying a police officer as an expert in physiology and related fields is barred by Rule 5A:20
1005212 David Zandy Leech v. Commonwealth of Virginia 10/04/2022
Trial court did not err in rejecting appellant’s argument that he acted in self-defense and convicting him of brandishing a firearm
1045212 Malik Gary v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion in denying appellant’s motion for a continuance as he did not make an adequate and timely proffer of the expected testimony of the witnesses and how he would be prejudiced if the motion was denied; no abuse of discretion in the denial of appellant’s motion to withdraw his no-contest pleas, Code § 19.2-296
1054213 Dustin James Lapradd v. Commonwealth of Virginia 10/04/2022
Judgment affirmed as appellant’s pleas of nolo contendere waived his right to assert his statutory speedy trial rights on appeal; argument that appellant’s constitutional right to a speedy trial was violated is barred by Rule 5A:18
1119212 Rodney Bryon Rock v. Commonwealth of Virginia 10/04/2022
Trial court did not err in denying appellant’s motion to vacate his criminal convictions
1124212 Maurice Francis Neenan III v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion admitting a video, still photos, and a pawn store ticket into evidence; no abuse of discretion when the court drew reasonable inferences from proven facts and convicted appellant of larceny with the intent to sell
1139213 Melissa Rowe Dillon v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing seven years of active incarceration after her conviction of new crimes
1163211 Jeffery Scott Jackson, s/k/a Jeffrey Scott Jackson v. Commonwealth of Virginia 10/04/2022
Trial court did not err in revoking appellant’s suspended sentences and imposing the balance of the suspended time after appellant stipulated he violated the conditions of the suspended sentences and considering his criminal history and dishonesty with his probation officer; counsel’s Anders motion to withdraw is granted
1172211 Christy Robertson Temple v. Commonwealth of Virginia 10/04/2022
Judgment affirmed as there was sufficient evidence to convict appellant of obstruction of justice and assault and battery of two police officers because the testimony was not incredible and appellant demonstrated the requisite intent, notwithstanding her mental state
1232213 Larry Dale Williams v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion when it sentenced appellant to two years on his felony failure to appear conviction as the trial judge stated his reasons for the sentence from the bench, provided a written explanation for the length of the sentence, and imposed a sentence within the statutory range
1297211 Jamal Brion Walker v. Commonwealth of Virginia 10/04/2022
Judgment affirmed where appellant’s argument that his guilty pleas were not entered freely and voluntarily are barred by Rule 5A:18; neither the “good cause” nor the “ends of justice” exception can be applied to the facts of this case; no abuse of discretion in the sentences imposed by the court
1335214 Frederick Joel Sandler v. Valerie Ann Sandler, f/k/a Valerie Ann Koelsch 10/04/2022
Trial court did not err in entering an Amended Court Order Acceptable for Processing, in requiring appellant to reimburse wife for overpayments regarding appellant’s survivor benefit premium, in denying a motion for a continuance, and in declining to award attorney fees and costs to either party
1342211 Steven Christopher Cosby-Moore v. Commonwealth of Virginia 10/04/2022
Judgment affirmed as appellant’s due process arguments are barred by Rule 5A:18; argument regarding the revocation of appellant’s previously suspended sentence is moot
0080224 Latrice Curtis v. Stafford County Department of Social Services 09/27/2022
Trial court did not err in finding that termination of appellant’s parental rights was in the best interest of the children; the record contains sufficient evidence that appellant failed to meet the statutory requirements enumerated in Code § 16.1-283(C)(2); no abuse of discretion in admitting certain medical reports or accepting expert witness testimony on child abuse
0126223 Antonio Osorio, s/k/a Antonio Osorio-Pacheco v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentence and imposing the balance of the sentence after appellant absconded from probation for nearly a decade and incurred a new criminal conviction
0216224 Eugene Ellis v. Stafford County Department of Social Services 09/27/2022
Trial court did not err in finding that termination of appellant’s parental rights was in the best interest of the children; the record contains sufficient evidence that appellant failed to meet the statutory requirements enumerated in Code § 16.1-283(C)(2)
0256221 Van Shawn Rodgers v. Commonwealth of Virginia 09/27/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute a controlled substance, simultaneous possession of a firearm and a controlled substance, possession of a firearm by a violent felon, and publicly carrying a loaded semi-automatic firearm in the City of Virginia Beach
0445224 Humberto Ajanel-Sanic v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion in sentencing appellant to a life term for forcible sodomy of a child under the age of thirteen after considering all the circumstances and explaining the upward departure from the sentencing guidelines
0481222 Mark Oliver Adkins, Jr. v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where appellant’s argument that the sentence imposed is unnecessarily lengthy for a probation violation is barred by Rule 5A:18; the ends of justice do not excuse the failure to preserve the argument; counsel’s Anders motion to withdraw is granted
0568211 Roscoe McNeil, Jr. v. Commonwealth of Virginia 09/27/2022
Trial court did not err in finding sufficient evidence that appellant acted with malice when he stabbed the victim multiple times with a knife and convicting appellant of malicious wounding
0709224 Josephine Wesseh v. Woldeare Gay Legesse and Lyft, Inc. 09/27/2022
Judgment affirmed where appellant’s argument that the trial court erred in dismissing her appeal from the general district court is barred by Rule 5A:18
0753211 Keiron Chardel Pollard v. Commonwealth of Virginia 09/27/2022
Trial court did not err in convicting appellant of felony hit and run as the evidence was sufficient that he had actual knowledge of the accident; court did not err in convicting appellant of felony child endangerment as he knowingly drove a motor vehicle with a child passenger and exercised care and control over the child, even though another adult was present
0819213 Richard Lee Schroeder v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where the evidence was sufficient to establish appellant was guilty of assault and battery on a law enforcement officer; argument that the trial court failed to make certain specific rulings related to the conviction is barred by Rule 5A:18
0866211 Sandor Santiago Galvante v. Commonwealth of Virginia 09/27/2022
Trial court did not err in denying appellant’s motion to suppress when an unknown informant, in a face-to-face encounter with police, provided officers with reasonable suspicion to stop and investigate appellant for suspected driving while intoxicated
0893213 Daniel Norbert Halter v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion in weighing the relevant factors, revoking appellant’s previously suspended sentences, and imposing an active term of five years’ incarceration after appellant’s third revocation hearing
1069213 Neil Anthony Spencer v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence and imposing the balance of the unserved term; counsel’s Anders motion to withdraw is granted
1107213 Brandon Tyler Webb v. Commonwealth of Virginia 09/27/2022
Judgment affirmed because a transcript or written statement of facts was not timely filed and is indispensable to resolving the appeal
1145213 Estate of Ralph Eagle, by Melissa Cupp, Executor v. Barbara Eagle 09/27/2022
Trial court did not err in finding that savings certificates were jointly owned pursuant to the premarital agreement and distributing part of the proceeds to wife
1204212 Timothy Cole, Jr. v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where the notice appellant received of the charge against him satisfied due process; no Brady violation occurred as appellant learned of the challenged testimony during trial and used it to cross-examine witnesses; argument about possible inconsistent verdicts and admissibility of evidence of other crimes barred by Rule 5A:18
1243211 Carrie Ann Yates v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where appellant’s argument that trial court abused its discretion by imposing an active sentence of ten years and twelve months is barred by Rule 5A:18; ends of justice exception is not applicable because appellant did not demonstrate the trial court erred in imposing the sentence and it does not constitute a grave injustice
1410213 Alberto Tribi Sanchez-Gutierrez v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentence and imposing the balance of the sentence after appellant was convicted of violent crimes committed twelve days after his release from incarceration
0151221 Jamonte Nishan Pope v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in sentencing appellant in the mid-range of the allowable term after weighing the aggravating and mitigating factors; appellant’s argument that his sentence was disproportionate to the crime committed is barred by Rule 5A:18
0156224 Janella Jordan v. Jason Miller and Mark H. Bodner, Esquire 09/20/2022
Trial court did not abuse its discretion in finding that GAL’s filings at issue did not violate Code § 8.01-271.1(B)(iii) and denying appellant’s motion for sanctions; record inadequate to review appellant’s argument that judge based his ruling on a “personal relationship” with GAL, Rule 5A:8(b)(4)(ii)
0489214 James A. DeVita v. Jason Miller and Mark Bodner, Esquire 09/20/2022
Judgment affirmed as to trial court’s finding that appellant acted with reckless indifference when filing a praecipe docketing a motion, Code § 8.01-271.1; trial court erred in finding certain emails and appellant’s nonappearance sanctionable; appellant’s argument that the court failed to explain its factual findings barred by Rule 5A:18
0514212 Whitney Allen Barker v. Commonwealth of Virginia 09/20/2022
Judgment affirmed where the search warrant at issue identified Code § 18.2-248 instead of Code § 18.2-248.1 as the alleged offense, but the trial court denied a motion to suppress after finding that the good-faith exception to the exclusionary rule applied and the police had an objectively reasonable belief that the warrant was supported by probable cause
0703212 Jared Matthew Warren v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in sentencing appellant to forty years in prison with all but fifteen years suspended after considering evidence presented by both sides; counsel’s Anders motion to withdraw is granted
0838212 Michael Anthony Baublitz v. Commonwealth of Virginia 09/20/2022
Judgment affirmed where appellant failed to make timely and specific objections as required by Rule 5A:18 in order to preserve his assignments of error; the ends-of-justice exception to Rule 5A:18 cannot be invoked because appellant failed to demonstrate an actual miscarriage of justice has occurred
0942213 Leon Rufus Rose v. Commonwealth of Virginia 09/20/2022
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding, use of a firearm in the commission of a felony, and possession of a firearm by a convicted felon
1079212 Michael Melvin Fary v. Commonwealth of Virginia 09/20/2022
Petition for Rehearing En Banc granted
1123212 Alexis Jonathan Amaya v. Commonwealth of Virginia 09/20/2022
Judgment affirmed where trial court denied a motion to suppress after holding a Franks hearing as to whether the responding state trooper acted with a reckless disregard for the truth in submitting an affidavit for a search warrant; argument that the trooper was also reckless in his disregard for the truth when he omitted information from the affidavit barred by Rule 5A:18
1181211 Jarvis Cornelius Murrell v. Commonwealth of Virginia 09/20/2022
Trial court did not err in finding sufficient evidence to convict appellant of felony driving while intoxicated (subsequent offense), felony driving on a revoked license (alcohol related), refusal of a breath test (subsequent offense), and possession of cocaine with intent to distribute
1189213 Nathaniel Jeremiah Yount v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentences and imposing a sentence in excess of the discretionary guidelines considering appellant’s extensive criminal history and continuing criminal activity
1214211 Justin Duane Sturdivant v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in overruling appellant’s objection to the language of a jury instruction detailing the elements of the offense of possession of a firearm after having been convicted of a felony or in denying his request for a competency evaluation, Code § 19.2-169.1(A)
1226213 Ricky Ricardo Edmunds v. Commonwealth of Virginia 09/20/2022
Trial court did not err in finding sufficient evidence that appellant intended to offensively headbutt the deputy and convicting him of assault and battery against a law enforcement officer
1336211 Alexis Odelia Toran v. Commonwealth of Virginia 09/20/2022
Judgment affirmed where there was sufficient evidence to convict appellant of obstruction of justice; appellant’s argument that she lacked the requisite intent to be convicted of assault and battery of a police officer is barred by Rule 5A:18
1382211 Michael Alexander Palmer v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in revoking and imposing the balance of appellant’s previously suspended sentence; to the extent appellant attempts to argue his sentence was broadly disproportionate as a matter of law, it is barred by Rule 5A:18
1390204 Myison Iaeene Ellis, s/k/a Myi'son Iaeene Ellis v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in denying motions for continuance; any potential abuse of discretion in excluding evidence to rehabilitate one witness and limiting impeachment of another witness was harmless error; no Brady violation occurred; evidence was sufficient for conviction; argument that denial of request to treat a witness as adverse barred by Rule 5A:18
0010221 Abacus Remodeling and Construction and Builders Mutual Insurance v. Joseph Fogel 09/13/2022
Award affirmed in part as to the Commission’s finding that the appellee suffered compensable injuries to his neck, left shoulder, and left arm in a work accident; award of disability benefits beyond May 2, 2020 is reversed in part and remanded as there was insufficient evidence to support it
0159223 Darrell Ray Richards, Sr. v. Commonwealth of Virginia 09/13/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence after balancing the mitigation evidence against the substantial facts in aggravation
0201224 Destini Murphy v. An Dang 09/13/2022
Trial court did not err in finding appellant received sufficient notice pursuant to Code § 8.01-126 that her lease was being terminated and in denying her motion to vacate the judgment for possession
0395211 DeJoseph Ricks, s/k/a DeJoseph L. Ricks v. Commonwealth of Virginia 09/13/2022
Trial court did not err in convicting appellant of making a written threat to kill or do bodily injury in violation of Code § 18.2-60(A)
0396211 DeJoseph L. Ricks v. Commonwealth of Virginia 09/13/2022
Trial court did not err in revoking appellant’s previously suspended sentences after he was convicted of making a written threat in violation of Code § 18.2-60(A)
0627213 Marilyn Dolsey Morgan v. Lynchburg Department of Social Services 09/13/2022
Judgment affirmed where grandmother did not have standing to appeal termination of her daughter’s parental rights; trial court had subject matter jurisdiction over the case; no abuse of discretion in denying grandmother custody and ordering no contact with the children without DSS approval; argument about trial court’s denial of demurrers is moot
0718211 Brett Colby Richardson v. Commonwealth of Virginia 09/13/2022
Trial court did not err in denying appellant’s motion to suppress evidence found in his vehicle, located in the curtilage of his home, applying the good faith exception to the exclusionary rule; evidence was sufficient to convict appellant of possession of a firearm as a convicted felon
0729211 Youssef Hoballah v. Commonwealth of Virginia 09/13/2022
Judgment affirmed where trial court found appellant violated the plea agreement on a deferred disposition and convicted him of the crimes to which he pled guilty; no abuse of discretion in denying appellant’s motion to withdraw his guilty pleas
0877213 Samantha Leigh Perry v. Commonwealth of Virginia 09/13/2022
Judgment affirmed where trial court admitted social media posts as evidence against appellant in a revocation proceeding because they were not inadmissible hearsay and the limited right of confrontation did not apply; evidence was sufficient to demonstrate appellant authored the statements contained in the posts; good cause existed to revoke appellant’s suspended sentence
1086213 William Thomas Gibson, II v. Commonwealth of Virginia 09/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of possessing heroin, based on the combined force of the enumerated circumstances in the case
1175212 Cletis Julian Cave v. Commonwealth of Virginia 09/13/2022
Judgment affirmed where evidence was sufficient for the jury to find appellant was operating the car at the time of the collision and was under the influence of alcohol while operating a motor vehicle, thereby making him guilty of driving under the influence of alcohol, driving after his license was revoked, and refusing to provide a breath sample
1241212 Tyson Vernard McClain v. Commonwealth of Virginia 09/13/2022
Judgment affirmed where appellant’s argument that the evidence was insufficient to convict him is barred by Rule 5A:18 and the ends of justice exception does not apply; appellant’s argument regarding ineffective assistance of counsel cannot be considered on direct appeal
1269211 Clarence Williams, III v. Katryce Sykes-Williams 09/13/2022
Judgment affirmed as it relates to apportionment of the marital debt, determination of whether to impute income to both parties, and determination of the amount and duration of spousal support; appellant’s argument regarding the birth of another child and its effect on his child support obligation is barred by Rule 5A:20(e)
1272212 Demonta Bell v. Commonwealth of Virginia 09/13/2022
Trial court did not err in finding evidence was competent, was not inherently incredible, and was sufficient to prove that appellant was guilty of possession of a firearm by a convicted felon and reckless handling of a firearm
1388212 Richard Aaron Cain v. Milton Todd Langford and Jo Elizabeth Langford 09/13/2022
Trial court did not abuse its discretion in denying appellant’s motion for a continuance in an adoption proceeding
0325224 Monidipa Banerjee v. Jean-Marc Brisson 09/06/2022
Judgment affirmed where the lack of a transcript or written statement of facts is indispensable to resolving appellant’s assignments of error
1032213 Amanda Kay Young v. Commonwealth of Virginia 09/06/2022
Trial court did not err in finding sufficient evidence to convict appellant of arson, Code § 18.2-77
1063212 Randy Lee Remillard v. Terri Lee Remillard 09/06/2022
Trial court did not err in finding the parties’ premarital agreement unconscionable and unenforceable, Code § 20-151-(A)
1073213 James William Shough, Sr. v. Commonwealth of Virginia 09/06/2022
Judgment affirmed where the evidence was not inherently incredible and was sufficient for the jury to convict appellant of the charged offenses
1227213 Travis Wayne Hypes, II v. Commonwealth of Virginia 09/06/2022
Trial court did not err in denying a motion to suppress after determining the officers did not prolong the traffic stop to allow the K-9 unit to appear and conduct a dog sniff and finding sufficient evidence to convict appellant of possessing methamphetamine and possession of a firearm after having been convicted of a felony
1283211 Stanley Keith Montgomery v. Commonwealth of Virginia 09/06/2022
Trial court did not err in finding sufficient evidence to convict appellant of aggravated sexual battery and abduction with intent to defile, denying appellant’s proffered jury instruction, and overruling appellant’s objection to the verdict forms as constituting a due process violation and unduly suggestive or prejudicial
1288213 Pervis Joseph Harris v. Commonwealth of Virginia 09/06/2022
Trial court did not abuse its discretion in denying a motion to set aside the verdict and reconsider without a hearing or in revoking two years of appellant’s suspended sentence under the version of Code § 19.2-306 in effect at the time of the violations and the proceeding; appellant’s due process argument is not considered pursuant to the approbate-reprobate doctrine
1395212 Virginia Alcoholic Beverage Control Authority/Commonwealth of Virginia v. Thomas Blot 09/06/2022
Commission erred in awarding appellee temporary partial disability benefits where no evidence demonstrated a causal relationship between the lost wages and the work accident and there was insufficient evidence that appellee had marketed his residual work capacity, Code § 65.2-502
0002222 Susan Revels v. Costco Wholesale and Costco Wholesale Corporation 08/30/2022
Commission did not err in granting employer’s application and terminating appellant’s benefits based on the uncontradicted medical evidence or by rejecting appellant’s application to change treating physicians; appellant’s constitutional arguments are not considered pursuant to Rule 5A:18
0827211 Jazz Kwame Grant v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion in admitting surveillance video into evidence, allowing the replay of a segment of appellant’s recorded police interview, or striking a juror for cause; there was no error in the denial of the motion for a mistrial
0844213 Vashon Nicketta Canty v. Commonwealth of Virginia 08/30/2022
Trial court did not err in finding sufficient evidence to convict appellant of violating Code §§ 63.2-502 and 63.2-522
0898211 Shaun Lee Caldwell v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentences and imposing an active one-year sentence after he incurred new convictions, failed to report to his probation officer, and absconded from probation
0971214 Laszlo Pentek v. Commonwealth of Virginia 08/30/2022
Trial court did not err in denying appellant’s motion to strike and finding sufficient evidence to convict him of first-degree murder and use of a firearm in the commission of a felony
1080211 Juan Antonio Jackson v. Commonwealth of Virginia 08/30/2022
Judgment affirmed where evidence was sufficient for jury to conclude appellant discarded a firearm while being pursued by police and was therefore guilty of possession of a firearm as a convicted felon
1147212 Bradly Ellsworth Hicks v. Commonwealth of Virginia 08/30/2022
Trial court did not err in denying appellant’s motion in limine, refusing to retroactively apply Code § 4.1-1302(A), and allowing the firearm found during the police search to be admitted into evidence
1230213 Michael Shane Boyd v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion in sentencing appellant to an active term of incarceration of two years after he entered a plea of guilty to distributing an imitation controlled substance; to the extent he argues his sentence is unconstitutional because it is disproportionate, that issue was not preserved as required by Rule 5A:18; counsel’s Anders motion to withdraw is granted
1231213 Michael Shane Boyd v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion in revoking and reimposing appellant’s two-year, six-month suspended sentence for his 2016 larceny conviction; to the extent he argues his sentence is unconstitutional because it is disproportionate, that issue was not preserved as required by Rule 5A:18; counsel’s Anders motion to withdraw is granted
1255213 Melissa Dawn Campbell v. Commonwealth of Virginia 08/30/2022
Trial court did not err in finding sufficient evidence to convict appellant of distribution of a schedule II controlled substance
1319211 Lawrence Ricardo Nicholson v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion by imposing a three-year active sentence as the judge considered the mitigating evidence and imposed a sentence that did not exceed the statutory maximum for appellant’s conviction
0036221 Shawn Lamonte Robinson v. Commonwealth of Virginia 08/23/2022
Trial court did not err in finding sufficient evidence to convict appellant of three counts of object sexual penetration and seven counts of aggravated sexual battery; appellant did not challenge his convictions for practicing a health profession after suspension of his license and assault and battery
0038222 Pearly E. Walters v. Commonwealth of Virginia 08/23/2022
Trial court did not abuse its discretion in revoking his suspended sentences, imposing two years of active incarceration, or admitting a letter from the Commonwealth’s Attorney; appellant’s argument that the trial court erred in considering his criminal record is barred by Rule 5A:18 and there was no demonstration that a miscarriage of justice occurred
0424211 Travone Quinte Lane v. Commonwealth of Virginia 08/23/2022
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding, aggravated malicious wounding, and related firearm charges
0748212 Jane Marie Myers v. Brian David Myers 08/23/2022
Trial court did not abuse its discretion in granting the motion to set an alternate valuation date for the marital assets, in declining to incorporate the marital agreement regarding the marital home into the divorce decree, in determining husband’s current retirement accounts were not marital property, in its award of spousal support, and in declining to award attorney fees
0773211 Timothy Wayne Carr v. Commonwealth of Virginia 08/23/2022
Judgment affirmed as the evidence was sufficient to convict appellant of the charges against him, the victim’s testimony was not inherently incredible, and appellant’s argument that he had the right to enter his own home was unavailing as he had no right to occupy the home
0784211 Justin Paul Chevalier v. Commonwealth of Virginia 08/23/2022
Upon a Rehearing – trial court did not abuse its discretion in revoking appellant’s suspended sentence after finding appellant violated Condition 11 of his probation by absconding from supervision
0972213 Eva Lavonne Stephenson v. Commonwealth of Virginia 08/23/2022
Judgment affirmed as to trial court’s denial of appellant’s motion to dismiss on statutory speedy trial grounds; constitutional speedy trial claim is barred by Rule 5A:18; no abuse of discretion in excluding a proffered report as to appellant’s prior mental health diagnoses, Code § 19.2-271.6; appellant’s sufficiency of the evidence argument barred by Rule 5A:18
0974213 Eva Lavonne Stephenson v. Commonwealth of Virginia 08/23/2022
Trial court did not abuse its discretion in revoking appellant’s previously-suspended sentence for malicious wounding due to her new convictions
0984213 James William King v. Commonwealth of Virginia 08/23/2022
Judgment affirmed where there was sufficient evidence to convict appellant of malicious wounding; appellant’s argument that he acted in self-defense or under the heat of passion is barred by Rule 5A:18
0988212 James Howard Avent v. Commonwealth of Virginia 08/23/2022
Trial court judgment affirmed where there was sufficient evidence that appellant was guilty of malicious wounding and use of a firearm in the commission of a felony
1010211 Manu Hristos Costas v. Commonwealth of Virginia 08/23/2022
Trial court’s judgment convicting appellant of forcible sodomy is affirmed; appellant’s arguments alleging insufficient evidence of the non-consensual nature of the sexual activity and insufficient evidence that sodomy was accomplished through use of complainant’s mental incapacity or physical helplessness barred by Rule 5A:18
1079212 Michael Melvin Fary v. Commonwealth of Virginia 08/23/2022
Trial court did not err in finding sufficient evidence to convict appellant of seven counts of attempted malicious wounding after he twice drove his boat into another boat occupied by seven passengers
1108211 Quintez Rephael Raven v. Commonwealth of Virginia 08/23/2022
Trial court did not err in finding sufficient evidence to convict appellant of abduction pursuant to Code § 18.2-47(A); trial court did not abuse its discretion in sentencing appellant to a term that did not exceed the statutory maximum
1117213 Michael Christopher Runion v. Commonwealth of Virginia 08/23/2022
Trial court did not abuse its discretion in granting the Commonwealth a continuance or concluding appellant engaged in abusive conduct towards his estranged wife in violation of his probation and revoking his suspended sentences
1133212 David Lee Pettis, Jr. v. Commonwealth of Virginia 08/23/2022
Trial court did not err in denying appellant’s motion to suppress evidence found during a search of his vehicle; evidence was sufficient to find appellant possessed the drugs, firearm, and other items found during the search
0365221 Commonwealth of Virginia v. Mario Nathaniel White 08/16/2022
Trial court did not err in granting a motion to suppress evidence found in the search of a vehicle; passenger’s statement was not a “circumstance indicating criminal activity” justifying the probable cause to search
0604211 Yasir Malik Smith v. Commonwealth of Virginia 08/16/2022
Judgment affirmed where trial court found the evidence sufficient to convict appellant of maliciously shooting into an occupied vehicle, attempted murder, and tampering with a vehicle; evidence was also sufficient to establish appellant’s identity as the perpetrator; appellant’s arguments regarding his sentence and other convictions barred by Rule 5A:18
0613213 Melvin Avon Thomas v. Commonwealth of Virginia 08/16/2022
Trial court did not err in admitting evidence of “other crimes,” admitting certain business records, and finding sufficient evidence to convict appellant of conspiracy to commit grand larceny and two counts of grand larceny pursuant to Code §§ 18.2-22 and 18.2-95
0662214 Thomas Joseph Russo v. Commonwealth of Virginia 08/16/2022
Judgment affirmed because court did not have jurisdiction to grant appellant’s “motion for appropriate relief;” appellant failed to object to the prosecutor representing the Commonwealth at the hearing, did not move for disqualification before the court entered the revocation order, and never objected to the court’s consideration of his federal conviction, Rule 5A:18
0787214 Kenneth Calvin Knight v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion when entering nunc pro tunc orders in some cases, but there are errors in the nunc pro tunc orders for other cases; appellant’s revocation proceedings began before the new version of Code § 19.2-306 went into effect and the proceedings were governed by the earlier version of the statute; no abuse of discretion as to sentencing
0788213 Ronald Lester, s/k/a Ronald Lee Lester 08/16/2022
Trial court did not abuse its discretion in denying appellant bail pursuant to Code § 19.2-120(B)
0906213 Sharl Kajuan Breakley v. Commonwealth of Virginia 08/16/2022
Trial court did not err in finding sufficient evidence to convict appellant of simple abduction, sexual assault, and attempted statutory burglary
0953212 Jordan Allen Reed v. Commonwealth of Virginia 08/16/2022
Judgment affirmed where appellant’s argument that the trial court’s sentence was greater than the guidelines recommended was waived pursuant to Rule 5A:18
0976212 Virginia Harris Petty v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion when it sentenced appellant to the statutory maximum for each charge; appellant’s argument about trial court bias is barred by Rule 5A:18
1057212 Shaunacy Roy Bishop v. Commonwealth of Virginia 08/16/2022
Trial court did not err in finding sufficient evidence to convict appellant of possessing drugs found lying on top of his acknowledged phone that was within his reach and inferring that he possessed the drugs with intent to distribute based on other evidence such as packaging; evidence sufficient that he possessed a revolver found in his backpack within arm’s reach
1091212 Virginia Harris Petty v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion when it sentenced appellant to the statutory maximum for each charge; appellant’s argument about trial court bias is barred by Rule 5A:18
1132211 Rahyeem Damon Porter v. Commonwealth of Virginia 08/16/2022
Trial court did not err in finding the evidence was competent, credible, and sufficient to convict appellant of the various charges against him
1183213 Earl Lankford Torrence v. Commonwealth of Virginia 08/16/2022
Trial court’s denial of appellant’s motion to suppress evidence found in his truck was proper and convictions are affirmed
1274211 Crystal Butler v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion in its sentencing of appellant after she entered guilty pleas to several felonies and signed a plea agreement that acknowledged the Commonwealth had not agreed to a particular sentence and the court was not required to follow the sentencing guidelines; counsel’s Anders motion to withdraw is granted
1280212 Brad O'Neal Allen v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion in its sentencing of appellant after he entered guilty pleas to two felonies and signed an “Acknowledgment of Rights” form; counsel’s Anders motion to withdraw is granted
1287211 Sean Purnell Almond v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence after weighing the mitigating factors against appellant’s continued engagement in criminal conduct during the suspension period
1341212 Ronteyvous V. Smith, a/k/a Ronteyvous Vindez Smith v. Commonwealth of Virginia 08/16/2022
Judgment affirmed where appellant’s probation officer had authority to impose GPS monitoring as a condition of probation pursuant to Title 53.1 of the Code of Virginia
1361211 Ryan Brandon Little v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion in denying appellant’s pro se motion for reconsideration of sentence, counsel’s Anders motion to withdraw is granted
1421212 Melvin Dale Gunter, Jr. v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion when it weighed the mitigating and aggravating evidence and imposed sentences within the statutory range; counsel’s Anders motion to withdraw is granted
0035221 Yo, f/k/a Mario Ballard v. Commonwealth of Virginia 08/09/2022
Trial court did not err in ruling that appellant remains a sexually violent predator in need of inpatient treatment, even though he had maintained relatively good behavior for 24 months, because he continued to challenge the clinical acumen of the clinical treatment team, dispute his diagnosis, disagree with the feedback in treatment, and has substance abuse disorders
0505214 Teresa Mary Maust v. Commonwealth of Virginia 08/09/2022
Trial court erred in convicting appellant of distribution of oxymorphone when the informant died before trial, the evidence was insufficient to demonstrate the informant had no opportunity to obtain the drugs from someone other than the appellant, and the evidence was insufficient to prove a financial transaction between appellant and informant involved drugs
0814211 Andrew Brock, Jr. v. Commonwealth of Virginia 08/09/2022
Trial court did not abuse its discretion when it sentenced appellant to 10 years of active incarceration where appellant entered guilty pleas to the charges and the court considered the guidelines, the circumstances of the offenses, and appellant’s history and characteristics
0874211 Sheree Johnetta Flood v. Commonwealth of Virginia 08/09/2022
Trial court did not err in rejecting appellant’s theory that she acted in self-defense or in defense of another when she shot the victim
0885211 Michael Alexander Palmer v. Commonwealth of Virginia 08/09/2022
Judgment affirmed as to appellant’s convictions for six counts of possession with intent to distribute because a co-conspirator’s statements were not testimonial hearsay, there was sufficient evidence to convict appellant of the third controlled buy, and appellant’s speedy trial rights were either waived by him or tolled by the pandemic-related judicial emergency orders
0999212 Natasha V. Comer v. Henrico Department of Social Services 08/09/2022
Trial court’s judgment terminating parental rights pursuant to Code § 16.1-283(C)(2) is affirmed where appellant did not contest that terminating her parental rights was in the children’s best interest and her mental illness made her unable to substantially remedy the conditions that led to the children’s placement in foster care
1001213 Syl Nmn Rogers v. Commonwealth of Virginia 08/09/2022
Trial court did not err in finding that appellant’s continued touching of the victim, despite her multiple requests that he not do so, was unwanted and committed in a rude manner sufficient to sustain his conviction for assault and battery
1002213 Larry Dale Puckett v. Commonwealth of Virginia 08/09/2022
The evidence was sufficient to find appellant guilty of malicious wounding; trial court did not abuse its discretion in admitting the victim’s girlfriend’s victim impact statement into evidence; the trial court did err in finding DMAS to be a victim for purposes of restitution of medical expenses under Code § 19.2-305.1(B)
1025213 Brian Anthony Dove v. Commonwealth of Virginia 08/09/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of methamphetamine and possession of ammunition as a felon when it was found in a truck he abandoned after being observed by an officer of the Department of Game and Inland Fisheries
1033214 Sean Benjamin Brown v. Commonwealth of Virginia 08/09/2022
Trial court did not abuse its discretion in revoking and imposing twelve months of active incarceration after appellant sustained new convictions and other probation violations; Code § 19.2-306.1 and amended Code § 19.2-306(C) were not effective on the dates when the violations were committed or the date revocation proceedings were instituted in circuit court
1156213 Jose Guadencio Sanchez v. Commonwealth of Virginia 08/09/2022
Trial court did not err in convicting appellant of possession of a firearm by a convicted felon after finding that he constructively possessed a rifle in the back seat of a vehicle in which he was a front-seat passenger
1182211 Jermar Wendell Brown v. Commonwealth of Virginia 08/09/2022
Trial court’s judgment convicting appellant of burglary, grand larceny, and conspiracy is affirmed because there was sufficient evidence that appellant and his girlfriend did not have permission to be in the apartment and the owner had not abandoned clothing and other items
1217212 Jeffrey Douglas Cheripka v. Commonwealth of Virginia 08/09/2022
No error in trial court’s finding that appellant’s release on pre-trial bail would constitute an unreasonable risk of danger to the victims
1219213 Del Cadle v. Russell County Department of Social Services 08/09/2022
Trial court’s judgment terminating parental rights pursuant to Code § 16.1-283(C)(2) is affirmed where appellant failed to obtain suitable housing for the children or successfully complete a home study through the Interstate Compact on Placement of Children
1228214 Tiffany Rena Twyman v. Commonwealth of Virginia 08/09/2022
Trial court’s judgment is affirmed on an alternate ground because the court did not have the authority to grant appellant deferred disposition once it found appellant guilty of the charge
1254211 Roderick Gordon v. Commonwealth of Virginia 08/09/2022
Trial court did not abuse its discretion by revoking previously suspended time where appellant did not dispute he was guilty of violating multiple conditions of his probation, he was convicted of the same crime for which he was on probation, and the court explained the decision to depart from the guidelines
1271213 My'Love Forever Robinson a/k/a Sonja Janet Robinson v. Commonwealth of Virginia 08/09/2022
Trial did not err in finding sufficient evidence of obstruction of justice where appellant interrupted, talked over, prevented the officer from speaking with witnesses, kicked the officer, and struggled with other officers; evidence of assault and battery was sufficient where appellant kicked the investigating officer and fought with other officers
1304212 Harold Jerry v. Henrico Department of Social Services 08/09/2022
Trial court’s judgment terminating parental rights pursuant to Code § 16.1-283(C)(2) is affirmed because the termination was in the children’s best interest and appellant, without good cause, failed to substantially remedy the conditions that led to the children’s placement in foster care
0551214 Erin Hillary Page v. Commonwealth of Virginia 08/02/2022
Trial court judgment is affirmed as appellant’s assignments of error are barred by Rule 5A:18
0565214 Erin Hillary Page v. Commonwealth of Virginia 08/02/2022
Trial court judgment is affirmed as appellant’s assignments of error are barred by Rule 5A:18
0624211 Sheera L. Knight v. Commonwealth of Virginia 08/02/2022
Judgment affirmed where victim’s identification of appellant was not inherently unreliable; appellant’s argument that the requisite intent was not proved is barred by Rule 5A:18; the record is inadequate to determine whether it was error to allow victim to testify about a public “alert” concerning appellant
0675211 Katherine Adelle Kelly v. Commonwealth of Virginia 08/02/2022
Trial court did not err in finding sufficient evidence to convict appellant of aggravated malicious wounding and malicious wounding as an accomplice; there was no error in finding proof of permanent and significant physical impairment as required by Code § 18.2-51.2
0831213 Roger Dwayne Kimble, Jr. v. Commonwealth of Virginia 08/02/2022
Trial court did not err in finding sufficient evidence to convict appellant of sodomy and object sexual penetration by force
0832211 Roger Leon Turner v. Commonwealth of Virginia 08/02/2022
Trial court did not err in finding appellant had violated Condition 7 of his probation where the drunk in public conviction evidenced that appellant’s drinking impacted his employment or behavior
0884211 Curtis Benjamin Harrell, III v. Commonwealth of Virginia 08/02/2022
Judgment affirmed where appellant’s argument about destruction of body camera footage was not properly preserved under Rule 5A:18; invitation to overturn Gagelonia v. Commonwealth is declined; sufficient evidence existed to prove appellant was driving the car and deny the motion to strike
0888211 Kevin Tyler v. Commonwealth of Virginia 08/02/2022
Trial court did not abuse its discretion in concluding the Commonwealth exercised due diligence to locate the primary witness and the preliminary hearing transcript was admissible at trial; the evidence was sufficient to convict appellant of strangulation; argument as to “inherently incredible” testimony barred by Rule 5A:18
1038211 Heath Nicholas Moison v. Commonwealth of Virginia 08/02/2022
Trial court did not abuse its discretion in refusing to admit alibi evidence presented without proper notice; appellant’s argument that the alibi evidence was proper to impeach the complaining witnesses barred by Rule 5A:18; evidence was sufficient to convict him of the charges; jury instruction was proper and supported by more than a scintilla of evidence
1076211 Crystal Lynn Olmstead v. City of Newport News Department of Human Services 08/02/2022
Judgment terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) is affirmed
1106211 Demetrius Haywood Grimstead v. Commonwealth of Virginia 08/02/2022
Judgment is affirmed because appellant did not comply with Rule 5A:8 and a transcript or written statement of facts is indispensable to resolving the appeal
1112211 Lavar Quientez Dickerson v. Commonwealth of Virginia 08/02/2022
Appellant’s argument that the trial court erred in accepting his guilty plea is barred by Rule 5A:18 and neither the ends-of-justice nor good-cause exceptions apply; the trial court did not abuse its sentencing discretion because the sentence was within the statutory range
1151211 Heath Wade Briley v. Commonwealth of Virginia 08/02/2022
Trial court properly found sufficient evidence of “breaking” to convict appellant of burglary and sufficient evidence of value of the items stolen to convict appellant of grand larceny and larceny with intent to sell or distribute; exclusion of testimony that would have completed appellant’s statement to police is harmless error
0078221 Dakota Craig Russell v. Commonwealth of Virginia 07/26/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentences and resuspending them in part after his fourth revocation hearing, in which he admitted he repeatedly had violated the terms of his suspended sentences
0155222 Jennifer Lynn Leblanc v. Commonwealth of Virginia 07/26/2022
Trial court did not err in admitting video evidence after finding it to be properly authenticated, and its judgment was not plainly wrong as the evidence sufficiently proved appellant committed perjury; counsel’s Anders motion to withdraw is granted
0273222 Jacob Carrington Boyer v. Commonwealth of Virginia 07/26/2022
Trial court did not abuse its discretion by deviating from the sentencing guidelines after considering the totality of the circumstances of the hit and run case, including the severity of the victim’s injuries, appellant’s criminal history, and appellant’s history of non-compliance with probation
0710211 Lorri Denise Smith v. Commonwealth of Virginia and the City of Newport News 07/26/2022
No error in trial court’s finding that evidence was sufficient to prove appellant committed the offenses against the victim
0734214 John Doe v. Virginia Employment Commission, Aces Group LLC and Insperity Peo Services 07/26/2022
Trial court judgment affirmed where there was sufficient evidence appellant refused to obey a reasonable directive of his employer; VEC employee did not lie about authority for conducting depositions; trial court was not required to remand to VEC for a hearing on fraud by the employer; appellant’s remaining assignments of error are procedurally defaulted
0816212 Hector Enrique Valentin Loyol v. Commonwealth of Virginia 07/26/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the person who stabbed the victim
0840212 Rodney Allen Carpenter v. Commonwealth of Virginia 07/26/2022
No error in trial court’s finding that appellant possessed the firearm on his person immediately before the ATV crash
0975214 I Drive Smart Too, Inc. and Tom Pecoraro v. Commonwealth of Virginia Department of Motor Vehicles 07/26/2022
Trial court erred in finding that appellants violated Code § 46.2-1702 when it shifted its instruction to live online videoconference
0982214 Charles Henry Austin, III v. Commonwealth of Virginia 07/26/2022
Trial court did not abuse its discretion in sentencing appellant after he pled guilty to abduction with intent to defile where it weighed the mitigating and aggravating evidence, considered the discretionary sentencing guidelines, and gave a written explanation for its departure from those guidelines
1100214 Eugenia Marie Lucas v. Ronald Anthony Lilley and Patricia Knight Lilley 07/26/2022
Trial court did not err in allowing the adoption of the child where Code § 63.2-1205 is not unconstitutional and appellant’s due process rights were not violated
1419211 Crystal Faye Ward v. Commonwealth of Virginia 07/26/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant committed unlawful wounding
0589214 Brian D. Bailey v. Amy K. Sarina 07/19/2022
Trial court did not err in awarding sole legal custody and primary physical custody of the parties’ child to appellee or in ordering appellant to pay of the guardian ad litem fees
0713212 William David Rogers v. Commonwealth of Virginia 07/19/2022
Judgment of trial court denying motion to suppress and motion to disqualify prosecutor, and finding sufficient evidence to convict appellant of abduction and felon-in-possession charges is affirmed; no abuse of discretion in departing from sentencing guidelines; appellant’s argument related to admission of unadjudicated conduct at sentencing barred by Rule 5A:18
0747212 Christy Lee Payne v. Prince Edward County Department of Social Services 07/19/2022
Judgment of trial court terminating appellant’s parental rights to her children affirmed where appellant’s parental unfitness argument barred by Rule 5A:18 and evidence was sufficient to prove that termination was in the children’s best interest
0835212 Francisco Beltran Perez v. Commonwealth of Virginia 07/19/2022
Judgment of trial court affirmed where appellant’s sufficiency of the evidence argument barred by Rule 5A:18 and trial court did not abuse its discretion in sentencing appellant
0918211 Shawn William White v. Commonwealth of Virginia 07/19/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was involved in each of the alleged crimes based on appellant’s exclusive possession of recently stolen property after his identification from a store security video by a detective who knew him
0921213 Joey Dewayne Roach v. Commonwealth of Virginia 07/19/2022
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the stolen boats; trial court did not abuse its discretion in admitting the victim’s testimony as to the value of the stolen property
1007212 Kristen Inglese v. Albemarle County Department of Social Services 07/19/2022
No error in trial court’s orders finding appellant abused or neglected her child where appellant did not challenge trial court’s finding that the neglect was caused by the unreasonable absence or the mental or physical incapacity of the child’s parent, appellee made reasonable efforts, and there was no less drastic remedy available.
1042211 Justin Lavar Nunley v. Commonwealth of Virginia 07/19/2022
Trial court did not abuse its discretion in setting the sentence upon the revocation of appellant’s suspended sentences
1064211 Christopher Lee Bailey v. Commonwealth of Virginia 07/19/2022
Trial court did not abuse its discretion in revoking suspended sentences in their entirety when appellant pled guilty to 4 new offenses and conceded he had violated the terms of the suspended sentences; counsel’s Anders motion to withdraw is granted
1084212 Sabre Abdul Sykes, Sometimes Known as Sa'bre Sykes v. Commonwealth of Virginia 07/19/2022
Appellant’s arguments challenging an evidentiary ruling and the sufficiency of the evidence waived under Rules 5A:18 and 5A:20 respectively; trial court did not abuse its discretion in sentencing appellant
1114212 Channiece Argean Rose v. Commonwealth of Virginia 07/19/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of violating Code § 18.2-371.1(B) when she consumed alcohol, failed to properly restrain one of her children in the car, drove fast on a curved road while using a cell phone, and caused an accident that ejected the children from the vehicle, for which they sustained injuries
1152211 Michael Jason Hemmis v. Commonwealth of Virginia 07/19/2022
Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove appellant was in constructive possession of the drugs and contributed to the delinquency of a minor; any error by trial court in admitting appellant’s sex offender status harmless
1161214 Rodney Randolph Thompson v. Commonwealth of Virginia 07/19/2022
Trial court did not abuse its discretion in sentencing appellant where nothing in the record suggests the trial court imposed a more severe sentence because of the misstatement made by the trial court
1203213 Jamil Yasin Fate v. Commonwealth of Virginia 07/19/2022
No error in trial court’s finding that evidence was sufficient to prove committed strangulation of the victim, assaulted and battered a household member, and had possession of a firearm and ammunition as a felon
1420211 Glenn Allen Duck, Jr. v. Commonwealth of Virginia 07/19/2022
Judgment of trial court placing appellant back on supervised probation after the revocation of his suspended sentence affirmed where appellant waived any such claim by agreeing with the action taken by the trial court
0001223 Steven Tyler McCracken v. Commonwealth of Virginia 07/12/2022
The assignment of error by counsel and three of the assignments of error by appellant cannot be addressed due to the lack of a timely-filed transcript or written statement of facts; appellant’s claim of ineffective assistance of counsel is not reviewable on appeal; and there is no merit to the issue raised regarding Code § 19.2-306; counsel’s motion to withdraw is denied
0028221 James Ryan Saunders v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion when it sentenced appellant to one year of incarceration, as that did not exceed the high end of the sentencing guidelines, as provided by the plea agreement
0201212 Hardik Sureschchandra Patel v. Commonwealth of Virginia 07/12/2022
No error in trial court’s finding that the Commonwealth did not intentionally provoke a mistrial and appellant’s constitutional protections against double jeopardy were not violated; trial court did not err in denying appellant’s motion to strike where the evidence was sufficient for the jury to find that the witness did not have prescriptions for the drugs appellant sold
0520212 Jermaine Antoine Coleman v. Commonwealth of Virginia 07/12/2022
Appellant’s conviction affirmed where the exclusionary rule did not require suppression of the evidence in this case as previously determined by the Court in a pretrial appeal
0648212 Jeremy Wayne Dodge v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence considering his extensive criminal record and poor performance on probation; appellant’s claim that the trial court erred by failing to ask him to enter a plea is waived pursuant to Rule 5A:18; counsel’s Anders motion to withdraw is granted
0783211 Gregory Keith Turner v. Commonwealth of Virginia 07/12/2022
No error in trial court’s finding that evidence was sufficient to prove appellant possessed a firearm; appellant’s argument regarding the admission of hearsay evidence barred by Rule 5A:18
0784211 Justin Paul Chevalier v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence on an adequate and independent legal basis, failing to report to the probation officer as directed, which is not contested; appellant only argued he should not have been revoked based on the theory that he absconded
0830213 Charles Leroy Holman v. Commonwealth of Virginia 07/12/2022
Trial court did not err in declining further inquiry into defense counsel’s alleged conflict of interest or in denying appellant’s motion to suppress his statements to the officer before being given Miranda warnings
0892214 Kenneth E. Wingfield, III v. Commonwealth of Virginia 07/12/2022
Trial court did not err in denying appellant’s motion in limine to exclude evidence from another theft or in finding evidence sufficient to identify appellant as one of the perpetrators; appellant’s argument regarding the trial court’s decision to strike a prospective juror barred by Rule 5A:18
0894213 Antone Floyd Prochaska v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion in revoking appellant’s sentences in their entirety and running them concurrently based on his repeated failures to comply with the terms and conditions of his probation over a considerable number of years
0936211 John F. Spruill v. Rae Watts Spruill 07/12/2022
No error in trial court’s finding that the “shareholder provisions” term in the parties’ property settlement agreement is ambiguous and that appellant failed to comply with the terms of the parties’ property settlement agreement and ordering him to pay appellee
1054192 Greg Eugene Minitee, a/k/a Gregory Eugene Minitee v. Commonwealth of Virginia 07/12/2022
Upon Remand from the Supreme Court – judgment of trial court affirmed where appellant’s constitution and speedy trial rights were not violated and the trial judge did not abuse his discretion in denying motion seeking his recusal
1075212 Sekou T. Diallo v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion by upwardly departing from the sentencing guidelines and appellant’s invitation to abandon existing precedent in this case is declined; counsel’s Anders motion to withdraw is granted
1191211 Michael Henry Dibella v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion by upwardly departing from the sentencing guidelines and revoking 2 years of his suspended sentence after appellant accumulated two convictions concerning his child; counsel’s Anders motion to withdraw is granted
1245211 Rashid Balil Ebron v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion by imposing an active sentence upon the revocation of his suspended sentence
1313211 Justin Michael Kelley v. Commonwealth of Virginia 07/12/2022
The trial court had subject matter jurisdiction to revoke appellant’s suspended sentences at a 2019 revocation hearing and his attempt to now challenge the court’s active jurisdiction is barred by Rule 5A:18; no abuse of discretion by the court as to the amount of time revoked
1414211 Lemare Rhae Shaun Tynes v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion when it imposed its sentence because the court considered the evidence offered in mitigation and did not exceed the statutory range
0208223 Dustin Chase Wilson v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion in revoking 3 months of a suspended sentence after appellant violated the terms of his probation; counsel’s Anders motion to withdraw is granted
0636212 Trevell Maurice Saul v. Commonwealth of Virginia 07/05/2022
Trial court did not err in admitting the police report at the probation revocation hearing where the police report satisfied the reliability test and appellant failed to show any prejudice from his inability to cross-examine the officer who authored the report
0779214 Dustin W. Foltz, s/k/a Dustin William Foltz v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion in sentencing appellant to active incarceration following his sixth probation violation
0789214 Anthony Alexander Natale v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion in admitting contested evidence
0804212 Dondre D. Thorpe v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion when imposing its sentence in the revocation hearing
0823211 Andre Perry, a/k/a Aundre Perry, s/k/a Aundre Dwayne Perry, Et Al. v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion sentencing appellant to 15 years in prison after appellant entered a guilty plea on distribution of heroin; no abuse of discretion in revoking appellant’s suspended sentence; counsel’s Anders motion to withdraw is granted
0859212 Chandrell Latrice Bugg v. Commonwealth of Virginia 07/05/2022
Judgment of trial court affirmed where appellant failed to timely file a transcript or statement of facts indispensable to Court’s ability to decide one assignment of error; appellant assigned error regarding ineffective assistance of counsel; and appellant’s fourth assignment of error did not identify a particular error by the trial court; counsel’s Anders motion to withdraw is granted
0927212 Andrew Hoffman Black v. Commonwealth of Virginia 07/05/2022
Trial court did not err in sentencing appellant in excess of the range recommended by the sentencing guidelines for his rape conviction because the court considered the guidelines and imposed a sentence within the range set by the legislature
0948212 James Reid v. Commonwealth of Virginia 07/05/2022
Trial court’s judgment was not plainly wrong as the evidence sufficiently proved appellant assaulted and battered a corrections officer; appellant’s not guilty plea was knowingly, intelligently, and voluntarily given; counsel’s Anders motion to withdraw is granted
1017212 Randy Wayne Gholson, Jr. v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion in sentencing appellant on his convictions of burglary, grand larceny, and possession of ammunition by a felon to terms within the range set by the Virginia legislature
1034212 Jade Tatiana Baine v. Commonwealth of Virginia 07/05/2022
Trial court did not err when it treated the dismissal of a 2020 indictment for assault and battery of a police officer as a dismissal without prejudice and convicted appellant of a 2021charge for the same offense
1129212 Brandon Lamont Winston v. Commonwealth of Virginia 07/05/2022
Appellant’s argument that there was insufficient evidence to convict him of strangulation barred by Rule 5A:18; the trial court did not abuse its discretion when imposing its sentence
1150211 Lowell Charles Johnson v. Commonwealth of Virginia 07/05/2022
Trial court had sufficient cause to revoke the suspended sentence; there was no abuse of discretion
1159212 Antoine Leon Minor v. Commonwealth of Virginia 07/05/2022
Appellant’s argument that the evidence was insufficient to sustain his convictions after he entered a plea of nolo contendere does not challenge the trial court’s jurisdiction, thus the argument is waived; counsel’s Anders motion to withdraw is granted
1206212 Dondre D. Thorpe v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion when imposing its sentence in the revocation hearing
1209212 Hasaan S. Williams v. Commonwealth of Virginia 07/05/2022
Appellant’s argument that the trial court considered irrelevant evidence in a proffer during argument on sentencing is barred by Rule 5A:18; trial court did not abuse its discretion in revoking appellant’s suspended sentence
0077224 James Davis v. Commonwealth of Virginia 06/28/2022
Trial court did not abuse its discretion in admitting a written appellate opinion regarding appellant’s conviction and the direct testimony from a victim of a previously adjudicated crime
0125221 Katie Furbee v. Virginia Beach Department of Human Services 06/28/2022
Judgment of trial court affirmed where appellant failed to timely file a transcript of statement of facts indispensable to Court’s ability to decide assignments of error raised on appeal
0161211 Dwayne Lamont Sample, Jr. v. Commonwealth of Virginia 06/28/2022
Trial court did not err in denying appellant’s motion to suppress the out-of-court identification of appellant or in allowing the victim to identify appellant in court as the robber; evidence was sufficient to identify appellant as the perpetrator
0206214 Marques Dominick Johnson v. Commonwealth of Virginia 06/28/2022
No error in trial court’s finding that evidence was sufficient to prove appellant had been on the property in violation of the victim’s protective order
0666211 Anthony Dwayne Valentine, Jr. v. Commonwealth of Virginia 06/28/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and not resuspending any of it; counsel’s Anders motion to withdraw is granted
0756213 Megan Lin Harner v. Commonwealth of Virginia 06/28/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant willfully inflicted both inhumane and serious bodily injury upon the dog and Code § 3.2-6570(F) is broad enough to support a conviction based on inaction or omission
0769214 Marcos Oswaldo Chavarria Bermudez v. Commonwealth of Virginia 06/28/2022
Trial court erred in denying appellant’s motion to suppress his statements to the officers where he unequivocally invoked his right to counsel; as evidence was sufficient to support appellant’s convictions of aggravated sexual battery, convictions are reversed and remanded to the trial court if the Commonwealth so chooses
0797213 Richard Andrew Huffman v. Commonwealth of Virginia 06/28/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant willfully inflicted both inhumane and serious bodily injury upon the dog and Code § 3.2-6570(F) is broad enough to support a conviction based on inaction or omission
0960214 Clifton Antony Grant v. Toni Gail Walters 06/28/2022
Judgment of trial court denying appellant’s motion to modify custody and visitation, denying appellant’s motion to hold appellee in contempt, refusing appellant’s request to change the child’s name, and leaving in place the restriction preventing appellant from noticing appellee for hearing on his motions affirmed
1029214 Nolan Marcus Forness, II v. Commonwealth of Virginia 06/28/2022
Trial court did not err in admitting testimony on appellant’s performance on field sobriety tests, in admitting the blood test results, in admitting evidence of appellant’s prior DUI conviction during the guilt phase, and in instructing the jury; any error in admitting appellant’s incriminating statements harmless; appellant did not prove a due process violation
1088214 Mark Lewis Jenkins v. Commonwealth of Virginia 06/28/2022
Trial court did not abuse its discretion in sentencing appellant on his convictions of breaking and entering and grand larceny and the revocation of his suspended sentences
1128211 Gary Richard Hansen v. Ellen Cheryl Hansen 06/28/2022
Trial court did not err in granting appellee’s motion to strike where the trial court correctly interpreted the contractual definition of marriage; trial court did not abuse its discretion by excluding the deposition of appellant’s witness
1169211 Anthony Terrell Johnson v. Commonwealth of Virginia 06/28/2022
Trial court did not err in denying the motion to suppress where the firearm’s discovery was not the result of any police seizure or attempted pat down but as a result of his flight from the police and his fall; evidence was sufficient to prove appellant, a violent felon, possessed the firearm
1170211 Kaden Bockelman v. Millers Landscaping Sprinkler and Builders Mutual Ins. Co. 06/28/2022
Commission erred in finding appellant had no right to pursue payment for expenses incurred in the course of his treatment with a third-party medical provider
1195214 Shavonne Dominique Israel, s/k/a Shavonne Israel v. Commonwealth of Virginia 06/28/2022
Appellant’s arguments that trial court erred in dismissing her appeal for lack of jurisdiction because she appealed a motion to reconsider and that trial court erred by not having an evidentiary hearing barred by Rule 5A:18
0008214 Dominic Alex Nunez v. Commonwealth of Virginia 06/21/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the driver of the vehicle and that appellant was intoxicated at the time he drove the vehicle to the place the officer found appellant asleep in the driver’s seat
0132221 Commonwealth of Virginia v. Bobby Eugene Branch 06/21/2022
Trial court did not err in granting appellee’s motion to suppress where the totality of the circumstances did not provide officers with probable cause to search the vehicle – the open container of alcohol without evidence appellee consumed it and the presence of the decriminalized marijuana did not amount to probable cause to search
0525214 Armando Dagoberto Reyes Reyes v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion in admitting the exhibits regarding appellant’s social media accounts, in excluding a statement made by a witness that was not an exited utterance or in denying a jury instruction; any error in admitting expert opinion about gang membership harmless; evidence sufficient to support appellant’s convictions
0841212 Kristopher Ryan Smith v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion in sentencing appellant on the revocation of his suspended sentences under the previous version of Code § 19.2-306 that applied at the time of appellant’s revocation hearing
0915211 Melvin Lee Paige, Jr. v. Commonwealth of Virginia 06/21/2022
No error in trial court’s finding that evidence was sufficient to prove appellant used deception or intimidation, without legal justification or excuse, to seize, take or detain the three-year-old victim with the intent to withhold or conceal her from a person lawfully entitled to her charge
0944212 Mario Aristides Rivas-Marquez v. Commonwealth of Virginia 06/21/2022
Trial court did not err in revoking and imposing the remainder of appellant’s sentence where the plea agreement appellant entered into allowed for the imposition of the balance of the sentence upon his re-entry to the United States; counsel’s Anders motion to withdraw granted
0963211 Atlas Barrow v. City of Norfolk Department of Human Services 06/21/2022
Trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1 283(C)(2) where appellant failed to remedy conditions leading to the child’s placement and continuation in foster care; appellant’s argument that trial court erred in overruling his objection to the relevancy of his termination from employment waived under Rule 5A:20(e)
0964211 Atlas Barrow v. City of Norfolk Department of Human Services 06/21/2022
Trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1 283(C)(2) where appellant failed to remedy conditions leading to the child’s placement and continuation in foster care; appellant’s argument that trial court erred in overruling his objection to the relevancy of his termination from employment waived under Rule 5A:20(e)
0966211 Atlas Barrow v. City of Norfolk Department of Human Services 06/21/2022
Trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1 283(C)(2) where appellant failed to remedy conditions leading to the child’s placement and continuation in foster care; appellant’s argument that trial court erred in overruling his objection to the relevancy of his termination from employment waived under Rule 5A:20(e)
0967211 Atlas Barrow v. City of Norfolk Department of Human Services 06/21/2022
Trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1 283(C)(2) where appellant failed to remedy conditions leading to the child’s placement and continuation in foster care; appellant’s argument that trial court erred in overruling his objection to the relevancy of his termination from employment waived under Rule 5A:20(e)
1044213 Felix Martinez Pacheco v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion in imposing an active sentence on appellant upon the revocation of his suspended sentences
1141212 Kathryne Hampshire Foster v. Larry Allen Foster, Jr 06/21/2022
Trial court did not err in classifying the stock as appellee’s separate property and in awarding lump sum spousal support to appellant; appellant’s argument that the trial court did not accommodate her claimed disability during trial barred by Rule 5A:18
1166211 Kwaku Oti Acheampong v. Commonwealth of Virginia 06/21/2022
No error in trial court’s finding that appellant acted with malice when appellant struck the victim in the head with a wine bottle and intentionally paused to give the victim time to defend himself and then struck the victim again
1198212 Jeremy L. Perry, s/k/a Jeremy Lee Perry v. Commonwealth of Virginia 06/21/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of grand larceny; counsel’s Anders motion to withdraw is granted
1332212 Ian Gabriel Hunt v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion by imposing the maximum sentence for each of appellant’s convictions
1379212 Antonio Emmanuel Rice v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion in imposing sentence on appellant for the revocation of his suspended sentence
0082221 Commonwealth of Virginia v. Tony Curtis Spivey 06/14/2022
Trial court did not err in granting the motion to suppress after finding that the initially consensual encounter between the officer and appellee crossed to a seizure
0195214 Bradford T. Cellucci v. Commonwealth of Virginia 06/14/2022
Petition for rehearing en banc granted
0654212 Jered Cody Pope, s/k/a Jared Cody Pope v. Commonwealth of Virginia 06/14/2022
Trial court did not abuse its discretion in finding the testimony of the confidential informants that appellant sold them methamphetamine credible; counsel’s Anders motion to withdraw granted
0716211 Daryl Wayne Hogg v. Commonwealth of Virginia 06/14/2022
Judgment of trial court affirmed where appellant failed to provide a timely-filed transcript or written statement of facts necessary to resolve the sufficiency of the evidence argument raised on appeal
0746213 Robbie Oren Allen v. Commonwealth of Virginia 06/14/2022
Judgment of trial court affirmed where appellant failed to timely file a transcript or written statement of facts necessary to permit resolution of assignments of error raised on appeal; counsel’s Anders motion to withdraw as counsel denied
0792211 Jesse Lee Barber v. Commonwealth of Virginia 06/14/2022
No error in trial court’s finding that evidence was sufficient to prove appellant detained the victim against her will with acts of force and intimidation that were separate and apart from, and not merely incidental to, the robbery and credit card thefts
0836214 Kimberley Anne Prentice, f/k/a Kimberley Anne Cook v. Brian Christopher Cook 06/14/2022
Trial court did not err in denying appellant’s motion to relocate and transferring primary physical custody of the parties’ children to appellee; argument regarding attorney fee award waived as appellant failed to file a transcript of statement of facts of that hearing
0908211 Jeffery Terry Snow, IV, s/k/a Jeffrey Terry Snow, IV v. Commonwealth of Virginia 06/14/2022
No error in trial court’s finding that evidence was sufficient to find appellant acted with malice and that he instigated the attack on the victim
0924212 Teon Monte Valentine v. Commonwealth of Virginia 06/14/2022
No error in trial court’s finding that evidence was sufficient to prove appellant touched an intimate part of the minor victim with the requisite intent
1048213 Phillip Clay, Jr. v. Virginia Employment Commission 06/14/2022
Trial court did not err in upholding appellee’s denial of benefits to appellant where evidence was sufficient to support the appellee’s finding of misconduct
1087212 Robert J. Cook v. Commonwealth of Virginia 06/14/2022
Trial court did not abuse its discretion in refusing to strike a statement from the psychosexual evaluation report at sentencing; counsel’s Anders motion to withdraw as counsel granted
1218211 Travis Cleave Howell v. Commonwealth of Virginia 06/14/2022
Judgment of trial court revoking appellant’ suspended sentence affirmed where Court will not apply the ends of justice exception to Rule 5A:18 to conduct a proportionality review of appellant’s sentence; counsel’s Anders motion to withdraw as counsel granted
1281211 Andrew Sturdy v. Commonwealth of Virginia 06/14/2022
Trial court did not err in denying appellant’s motion to strike where it found the testimony of the victim that appellant had twice assaulted and battered her credible
1286211 Nygel Tyler Gass v. Commonwealth of Virginia 06/14/2022
No error in trial court’s finding that the victim’s testimony was credible and sufficient to prove appellant struck and choked the victim; counsel’s Anders motion to withdraw granted
0093222 Quintia Patterson, Sometimes Known As Quintia N. Patterson v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in denying appellant pretrial bail
0629212 Matthew P. Serri, s/k/a Matthew Paul Serri v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in denying appellant’s motion in limine seeking to exclude appellant’s testimony from a prior trial because that testimony fell under an exception to the bad acts rule and was not unduly prejudicial
0630212 Matthew P. Serri, s/k/a Matthew Paul Serri v. Commonwealth of Virginia 06/07/2022
Judgments of trial court convicting appellant of breaking and entering and malicious wounding affirmed where eyewitness testimony for sufficient for jury to conclude appellant committed the offenses
0782212 Eric Dominique Taylor Lynch v. Commonwealth of Virginia 06/07/2022
No error in trial court’s finding that evidence was sufficient to prove appellant drove the vehicle while under the influence and was aware of the presence and character of the methamphetamine and that it was under his dominion and control
0786213 Edward L. Gilkes, Jr., s/k/a Edward Lee Gilkes, Jr. v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in imposing an active term of incarceration after revoking appellant’s suspended sentence
0883213 Roger Lee Rawlings, Jr. v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in imposing the balance of appellant’s suspended sentence after finding appellant violated the terms of probation
0941214 Shrilrey Lorenzo Carter, s/k/a Shirley Lorenzo Carter v. Commonwealth of Virginia 06/07/2022
No error in trial court’s findings that appellant’s trial date did not exceed the speedy trial statute and that appellant’s acts carried an actual or imputed intent by law to assault the officer
0951212 Vinson L. Holmes, Jr. v. Commonwealth of Virginia 06/07/2022
Judgment of trial court affirmed where evidence was sufficient for jury to convict of abducting one of the victims, of committing conspiracy to commit robbery, and to show appellant was a willing participant in the crimes committed
0995211 James Ernest Logan v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in admitting the statements of a co-conspirator or in admitting the expert’s testimony; appellant’s sufficiency of the evidence arguments barred by Rule 5A:18
1047211 John Richard Akers v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in revoking a portion of appellant’s previously suspended sentences and imposing an active sentence after considering any mitigating evidence appellant presented
1053212 Deion Lincoln Smallwood v. Commonwealth of Virginia 06/07/2022
Judgment of trial court affirmed where evidence was sufficient for jury to conclude that appellant did not act in self-defense but had an unreasonable fear of danger that caused him in the heat of passion of use deadly force against the victim
1089214 Lawrence Wood, Jr. v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in sentencing appellant as the sentences were within the statutory ranges; no error in trial court’s finding that appellant had fraudulent intent when he accepted the down payment for construction work
1102214 Amjad Eman v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in denying appellant’s motion for bail where trial court had probable cause to believe appellant’s liberty would constitute an unreasonable danger to the public
1201212 Ivan Paul Bishop v. Commonwealth of Virginia 06/07/2022
Trial court did not err in finding evidence sufficient to prove appellant violated his suspended sentences
1385212 Kevin Alton Robinson v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in sentencing appellant to an active term of incarceration outside of the guidelines presented to the trial court
0300211 Anfernee Malik Wiggins v. Commonwealth of Virginia 05/31/2022
Trial court did not abuse its discretion in denying post-conviction bail on the ground appellant’s liberty would constitute an unreasonable danger to the public
0358211 Montreaz A. Berry v. Commonwealth of Virginia 05/31/2022
Trial court did not err in denying appellant’s motions to strike and to set aside the verdict where the evidence was sufficient for jury to conclude appellant was guilty of felony murder
0687213 Cheryl Jones v. Roanoke City Department of Social Services 05/31/2022
No error in trial court’s finding that it was not in the children’s best interests to place them with appellant and instead approve the foster care goal of adoption
0812211 Charles Robert Foster v. Commonwealth of Virginia 05/31/2022
Trial court did not abuse its discretion in sentencing appellant as the sentence was within the statutory range for aggravated malicious wounding; counsel’s Anders motion to withdraw is granted
0853213 Mariah Rodriguez Roberts v. Roanoke City Department of Social Services 05/31/2022
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B)
0903213 Daniel Brice Crouse v. Commonwealth of Virginia 05/31/2022
Trial court did not err in finding it lacked jurisdiction to entertain appellant’s motion to vacate
0939212 Robert Sherman Hendricks v. Commonwealth of Virginia 05/31/2022
Judgment of trial court affirmed where record does not include a timely filed transcript or written statement of facts necessary to permit the Court to resolve appellant’s assignment of error; counsel’s Anders motion to withdraw is denied
0965211 Jerome Lyons, Jr. v. Commonwealth of Virginia 05/31/2022
Judgment of trial court affirmed where nothing in record undermines trial court’s finding, appellant has failed to demonstrate a miscarriage of justice, and Rule 5A:18 bars consideration of argument on appeal; counsel’s Anders motion to withdraw granted
0979212 John Cornelius Jones v. Commonwealth of Virginia 05/31/2022
Trial court did not err in revoking appellant’s sentence and the sentence imposed represents a proper exercise of trial court’s discretion, counsel’s Anders motion to withdraw is granted
1037211 Karen Clevonne Frazier v. Commonwealth of Virginia 05/31/2022
Trial court did not abuse its discretion in fixing appellant’s sentence, counsel’s Anders motion to withdraw is granted
1236214 Gabriel Blue v. Michels Corporation and XL Speciality Insurance Co. 05/31/2022
No error in Commission’s finding that appellant did not meet his burden of proving a causal connection between his alleged disability and the work incident
1361211 Ryan Brandon Little v. Commonwealth of Virginia 05/31/2022
Trial court did not abuse its discretion in denying appellant’s pro se motion for reconsideration of sentence, counsel’s Anders motion to withdraw is granted
0061221 Commonwealth of Virginia v. Christopher Francis Martinez 05/24/2022
Trial court did not err in granting the motion to suppress evidence and statements where the officers illegally seized appellee and once illegally seized, he could not consent to the search and that search violated the Fourth Amendment
0552213 Robin Greer Quintana, a/k/a Robin Lynn Pugh v. Commonwealth of Virginia 05/24/2022
Judgment of trial court affirmed where evidence was sufficient to prove appellant exceeded the bounds of permission to use the vehicle and her lawful use was converted to an unlawful use
0673213 Shannon Myers Tipton v. Commonwealth of Virginia 05/24/2022
Trial court did not err in denying appellant’s pre-trial motion to dismiss the felony murder indictment or in merging the conviction under Code § 18.2-369 into the felony murder for purposes of sentencing
0715212 Carl Allge Wilkins v. Commonwealth of Virginia 05/24/2022
Trial court did not err in refusing to strike the testimony of a witness; evidence supported jury’s finding that appellant was the perpetrator
0730211 Michael Eugene Lacey v. Commonwealth of Virginia 05/24/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant’s identity as the perpetrator
0736211 Miguel Jesus Villarreal v. Commonwealth of Virginia 05/24/2022
Trial court did not err in denying appellant’s motion to strike and motion to set aside the verdict where the evidence was sufficient to prove committed the offenses within the timeframe stated in the indictments; trial court did not err in striking potential juror for cause where her statements indicated she would have struggled to apply firmly established Virginia law
0764212 Antoine L. Dean, s/k/a Antwon Dean v. Commonwealth of Virginia 05/24/2022
No error in trial court’s finding that evidence was sufficient to prove appellant had possession of the drugs found in his vehicle
0821211 Jonathan O. Mayo, s/k/a Jonathan O'neil Mayo v. Commonwealth of Virginia 05/24/2022
Judgment of jury convicting appellant of object sexual penetration and aggravated sexual battery affirmed; trial court did not err in denying appellant’s various post-trial motions; appellant’s arguments regarding some motions waived under Rule 5A:18 or Rule 5A:20
0895211 Jonah Dwight Sims v. Commonwealth of Virginia 05/24/2022
Trial court did not abuse its discretion in deciding that justice did not require separate trials where evidence of each event would have been admissible in the trial of the other; appellant’s argument regarding sufficiency of the evidence waived an indispensable transcript was not timely filed
1056213 Barry Samuel Camden v. Commonwealth of Virginia 05/24/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and departing from the revocation sentencing guidelines
1113214 Selena Garibaldi v. Fauquier County Department of Social Services 05/24/2022
Trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption pursuant to Code § 16.1-283(C) and finding that termination was in the child’s best interest
1235211 APM Spine & Sports Physicians v. City of Virginia Beach 05/24/2022
Commission did not err in applying a contractual fee limitation provision for bills for medical services provided to an injured employee of appellee where the plain language of the contract indicates the parties intended the fee limitation to apply to all medical services provided by appellant
1248214 Alba S. Garcia v. Fairfax County Public Schools v. Fairfax County Public Schools 05/24/2022
No error in Commission’s denial of permanent total disability benefits after finding that appellant’s evidence did not prove her left knee injury was a compensable consequence of her compensable right knee injury
1374214 Selena Garibaldi v. Fauquier County Department of Social Services 05/24/2022
Trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption pursuant to Code § 16.1-283(C) and finding that termination was in the child’s best interest
1375214 Selena Garibaldi v. Fauquier County Department of Social Services 05/24/2022
Trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption pursuant to Code § 16.1-283(C) and finding that termination was in the child’s best interest
0195214 Bradford T. Cellucci v. Commonwealth of Virginia 05/17/2022
Trial court abused its discretion in finding appellant failed to prove any mitigating circumstances and in failing to consider all mitigating circumstances evidence in appellant’s motion to reconsider sentence
0464212 Nolan Marcus Forness, II v. Commonwealth of Virginia 05/17/2022
Appeal dismissed where there is no final conviction order in this case for this Court to review
0562212 Tyshawn Lee Brown v. Commonwealth of Virginia 05/17/2022
Judgment of trial court convicting appellant of abduction affirmed where any variance between the allegations in the indictment and the crime proved is not fatal as appellant was not prejudiced by the indictment as written and the inclusion of victim’s child in the indictment was merely a duplicitous charge; sufficiency of evidence to support firearm conviction barred by Rule 5A:18
0573214 Hamidreza Ghazavi v. Commonwealth of Virginia 05/17/2022
Trial court did not err in finding the victim’s testimony more credible that appellant’s testimony and that the evidence was sufficient to sustain appellant’s conviction of assault and battery
0578211 Stacy Tyrone Davis, Jr. v. Commonwealth of Virginia 05/17/2022
Trial court did not err in denying appellant’s motion to suppress where appellant was lawfully detained when the officer saw the firearm in plain view in appellant’s pocket as appellant got out of the vehicle
0670213 Joey Edward Eanes v. Commonwealth of Virginia 05/17/2022
No error in trial court’s finding that evidence was sufficient to prove appellant threw the drugs from his vehicle while fleeing law enforcement
0680212 Joseph Eugene Smith v. Commonwealth of Virginia 05/17/2022
Trial court abused its discretion in refusing appellant funds to bring an appropriate expert to testify regarding appellant’s susceptibility to give a false confession and to permit appellant to be evaluated regarding his impaired cognitive symptoms
0690211 Guadalupe Zeledon Diaz v. Commonwealth of Virginia 05/17/2022
Trial court did not err in finding the victim’s testimony credible or in finding the evidence was sufficient to prove appellant’s criminal intent
0704212 Timothy Lamont Johnson v. Commonwealth of Virginia 05/17/2022
No error in trial court’s finding that appellant possessed the nearly ten pounds of marijuana with the intent to distribute to it rather than for personal use and that appellant’s evidence did not prove he possessed the marijuana with the intent to distribute it as an accommodation
0735211 Sacario Arquez Frink v. Commonwealth of Virginia 05/17/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was one of the persons who committed the offenses
0750211 Cornell Ulysses Smith, Jr. v. Commonwealth of Virginia 05/17/2022
Trial court did not err in revoking appellant’s suspended sentence and imposing an active sentence where the evidence established appellant violated the conditions of his probation
0776211 Maqual Talik Cobbs v. Commonwealth of Virginia 05/17/2022
Trial court did not abuse its discretion in admitting the financial statements and recognizance forms bearing appellant’s forgeries of victim’s signature into evidence and the evidence was sufficient to prove appellant signed all the public documents in question
0869211 D'Niqua Keshae Williams v. Commonwealth of Virginia 05/17/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and imposing a portion where the evidence established appellant violated the condition of probation by failing to maintain contact with her probation officer
1116211 Jokita Harvey v. Commonwealth of Virginia 05/17/2022
Judgment of trial court convicting appellant of assault reversed where there was no overt act by appellant and words alone are not sufficient to constitute an assault
1279204 Douglas Vernon Johnson, Jr. v. Commonwealth of Virginia 05/17/2022
Judgment of trial court affirmed where trial court did not abuse its discretion in excluding appellant’s expert’s testimony regarding appellant’s mental status at time of offenses, any error by trial court in excluding testimony of appellant’s prior suicidal behavior harmless, and appellant has not established a deprivation of his right to a public trial
1396211 Ta'Kuan Keontay Bingham, a/k/a Takuan Keontay Bingham v. Commonwealth of Virginia 05/17/2022
Trial court did not err in denying appellant’s motion to withdraw his guilty pleas where appellant failed to make a prima facie showing of a reasonable defense
0531213 George Louis Henry, IV v. Commonwealth of Virginia 05/10/2022
No error in trial court’s finding that evidence was sufficient to prove appellant intended to permanently deprive the victim of the chain and that the victim’s testimony was more credible than appellant’s testimony; as evidence was sufficient to convict appellant, trial court did not err in revoking appellant’s suspended sentences
0555213 Henry Broderick Pack v. Commonwealth of Virginia 05/10/2022
No error in trial court’s finding that appellant constructively possessed the shotgun found in the cab of the truck he had recently occupied
0566213 Derrick Lashawn Wright v. Commonwealth of Virginia 05/10/2022
Trial court did not abuse its discretion in denying appellant’s motion for a mistrial where appellant failed to prove a Brady violation; no error in trial court’s finding evidence was sufficient to prove appellant sold cocaine to the informant on three occasions
0586212 Andrea Rose Boggs v. Commonwealth of Virginia 05/10/2022
Judgment of trial court revoking appellant’s suspended sentence affirmed where trial court did not improperly weigh appellant’s mitigation factors and appellant did not show she suffered actual prejudice from the denial of her motion for a continuance
0619211 Rontrell J. Banks v. Commonwealth of Virginia 05/10/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the driver of the vehicle who identified himself as someone else and signed that person’s name on eight summonses
0633212 Tommy Lee Lamouroux v. Commonwealth of Virginia 05/10/2022
Judgment of trial court affirmed where appellant waived his arguments on appeal for his noncompliance with Rule 5A:20(e)
0744214 Melanie Sue Odell v. Commonwealth of Virginia 05/10/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was in constructive possession of the drugs found in her purse; appellant’s argument that the evidence failed to prove she had the requisite intent to distribute the cocaine barred by Rule 5A:18
0794211 Dontay Milsap v. Commonwealth of Virginia 05/10/2022
Trial court erred in convicting appellant of burglary where there is a fatal variance between the indictment and the evidence presented at trial
0826211 Allen Jamal Ralph v. Commonwealth of Virginia 05/10/2022
Judgment of trial court affirmed where appellant never indicated any issue when the trial court accepted his plea agreement and didn’t move to withdraw his guilty pleas and the trial court imposed the exact sentence outlined in the written plea agreement
0986213 Mickey Wilson v. Russell County Department of Social Services 05/10/2022
No error in trial court’s finding evidence was sufficient to terminate appellant’s parental rights to his child under Code § 16.1-283(C)(2); appellant’s challenge to the trial court’s exercise of jurisdiction waived under Rule 5A:18
1154213 Glenn Rich v. Facebook Inc. VA OCIP, Chubb Indemnity Ins. Co. and Esis, Inc. 05/10/2022
No error in Commission’s finding that principles of res judicata barred appellant from litigating matters he neglected to raise at his earlier evidentiary hearing
1289204 Orayl Dale Vonte Ingram v. Fairfax County Department of Family Services 05/10/2022
Trial court did not err in terminating appellant’s parental rights to his children where appellant failed to substantially remedy conditions leading to children’s placement and continued placement in foster care and evidence was sufficient to prove termination was in children’s best interest
0451212 Jessica Ann McCauley v. Commonwealth of Virginia 05/03/2022
Judgment of trial court revoking appellant’s suspended sentences affirmed
0676214 Jason Walker, s/k/a Jason Keith Walker v. Commonwealth of Virginia 05/03/2022
Trial court did not abuse its discretion in admitting the training receipt; evidence was sufficient for jury to conclude that appellant concealed multiple items in the Target bags, paid for two items and walked out of the store without paying for the other items
0852213 Matthew Blake Knighton v. Commonwealth of Virginia 05/03/2022
No error in trial court’s judgment convicting appellant of failure to appear based on his no contest plea, did not attempt to withdraw the plea, and did not object to his conviction or in sentencing appellant within the statutory ranges for reckless driving and failure to appear
1020212 David Parker v. City of Petersburg 05/03/2022
Judgment of trial court convicting appellant of violating a city ordinance affirmed where appellant never took the necessary steps to avail himself of the “religious purposes” exemption to the ordinance requiring a permit for anyone to erect a sign within the city
1051204 Dale Andrew Wolfe v. Commonwealth of Virginia 05/03/2022
Conviction of second-degree murder affirmed where any error by the trial court in refusing to instruct jury on involuntary manslaughter harmless given the overwhelming evidence to support appellant’s conviction
1167213 Goodyear Tire & Rubber Company and Liberty Insurance Corporation v. Jeffrey Foley 05/03/2022
Commission did not err in finding the opinions of appellee’s treating physician credible and those opinions provided a sufficient evidentiary basis for the award of benefits to appellee
1225212 Ashley Stone Cousins v. John William Brandt and Beverley Anne Brandt 05/03/2022
No error in trial court’s finding that adoption was in the child’s best interest and that appellant had withheld consent to the adoption contrary to the child’s best interest
1285212 Christopher C. Cassidy v. Virginia Museum of Fine Arts 05/03/2022
Judgment of trial court affirming the hearing officer’s decision upholding appellant’s termination affirmed
0091212 Preston Giles Edwards v. Commonwealth of Virginia 04/26/2022
No error in trial court’s finding that evidence was sufficient to prove appellant acted with malice and had the requisite intent to maim, disfigure, disable or kill the victim
0397212 Tiffany Byrd Ellis v. Sussex Department of Social Services 04/26/2022
Appeal dismissed insofar as it pertains to appellant’s contention this Court erred in denying an extension of time to file the written statement of facts in the trial court; judgment of trial court denying appellant an extension of time to file the statement of facts and terminating appellant’s parental rights to her children affirmed
0419212 Albert Benjamin Owen, III v. Commonwealth of Virginia 04/26/2022
No error in trial court’s finding that appellant failed to immediately stop at the scene of the accident where nothing in the record suggests that stopping in his own driveway was an immediate stop or that appellant’s driveway was the first safe place to park the truck
0490212 Anayah Daily, S/K/A Anayah Naree Daily v. Commonwealth of Virginia 04/26/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was an accessory before the fact to the first-degree murder of the victim and shared the principal’s criminal intent; trial court did not abuse its discretion in admitting the Commonwealth’s exhibit of the Instagram messages
0509212 Maria Goodman v. Commonwealth of Virginia 04/26/2022
Trial court did not err in denying appellant’s motion to strike, and the evidence was sufficient for the jury to conclude that the fires were incendiary rather than accidental and that appellant intended to set the fires and had the requisite malice
0553212 Jaquan R. Tucker v. Commonwealth of Virginia 04/26/2022
Judgments affirmed where appellant failed to prove he was prejudiced by the suppression of evidence by the Commonwealth, the trial court did not abuse its discretion in denying appellant’s motion for a new trial, and there is no basis to overturn the revocation of appellant’s suspended sentences
0560211 Lawrence Roosevelt Smith v. Commonwealth of Virginia 04/26/2022
Appellant’s conviction of first-degree murder affirmed where trial court did not abuse its discretion in denying appellant’s motion for a mistrial and the jury’s finding that appellant acted with premeditation was not plainly wrong or without evidentiary support
0661211 Emmanuel Laquan Lassiter, S/K/A Emmanuel Laquaunn Lassiter v. Commonwealth of Virginia 04/26/2022
No error in trial court’s finding that evidence was sufficient to prove appellant knew or should have known the accident involved personal injury and that he willfully failed to appear at his court date
0669212 Clarence Albert Mahoney v. Commonwealth of Virginia 04/26/2022
Judgment of trial court finding evidence to support conviction of strangulation affirmed where evidence supported a rational finding that, without the victim’s consent, appellant impeded blood circulation or respiration resulting in bodily injury
0798213 Roger Lee Compton, Jr. v. Commonwealth of Virginia 04/26/2022
Sentence imposed by trial court upon revocation of his suspended sentence represents a proper exercise of its sentencing discretion; arguments raised by appellant pro se are without merit; counsel’s motion to withdraw is granted
1027214 Stephanie Denise Hillmon v. Commonwealth of Virginia 04/26/2022
Judgment of trial court affirmed where the trial court’s rejection of appellant’s testimony provided affirmative evidence appellant was fully aware she dragged the dog across the intersection on its side; assignment of error challenging amendment of indictment barred by Rule 5A:18
1061211 Alvin Franklin, III v. Newport News Department of Human Services 04/26/2022
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(E)(iii) based on his assault of his stepdaughter; argument regarding admissibility of the surveillance video not addressed where the video was admitted into evidence and was not played at trial
0480212 Travis James Gant v. Commonwealth of Virginia 04/19/2022
Trial court erred in sentencing appellant without a presentence report where after the plea agreement ceased to exist appellant had a right to a presentence report and did not waive that right
0597212 Devontay Teshorn Browder v. Commonwealth of Virginia 04/19/2022
No error in trial court’s finding that the totality of the evidence proved appellant was present during the robbery and was the driver of the vehicle during the entire incident
0607212 Toni Sue Stacey v. Commonwealth of Virginia 04/19/2022
Judgment of trial court affirmed where the trial court had authority to order the disposal of the dog and appellant had previously assented to such disposal
0657213 Anthony Wayne Edmonds v. Commonwealth of Virginia 04/19/2022
Appellant’s failure to object to the videotaped interview at trial waived his right to challenge the trial court’s consideration of it on appeal; no error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the illegal images found on the computer
0774212 Gregory Bishop v. Commonwealth of Virginia 04/19/2022
No error in trial court’s finding that evidence was sufficient for a rational fact finder to conclude that appellant’s face was touching the victim’s vaginal area and that he intended to perform oral sex on the victim and that he touched the victim with the intent to sexually gratify either the victim or himself
0930212 Edward William Coles, Jr. v. Commonwealth of Virginia 04/19/2022
No error in trial court’s finding that evidence was sufficient to prove appellant entered the victims’ home with the intent to commit a larceny or felony therein and intended to permanently deprive one of the victims of his firearm
0947212 David Shelton Holt v. Commonwealth of Virginia 04/19/2022
No error in trial court’s finding that appellant acted with malice and had the requisite intent to maim, disfigure, disable or kill the victim, that appellant strangled the victim, and that the strangulation caused the victim bodily injury
1015213 David Lamberti Botos v. Kara Shannon Burchinal Botos 04/19/2022
Judgment of trial court denying appellant’s requests to modify his child support obligation and custody arrangements affirmed
1058214 Russell Rankin v. Asplundh Tree Expert Co. and Liberty Insurance Corporation 04/19/2022
No error in Commission’s finding that appellees met their burden to show appellant’s present injuries were not causally related to appellant’s compensable workplace accident
0124213 Charles Raymond Arrington v. Commonwealth of Virginia 04/12/2022
Appellant’s conviction of unauthorized use of a vehicle affirmed where evidence established appellant’s use of the fire truck without the department’s consent; appellant’s argument that he did not intend to temporarily deprive department of possession not encompassed in his assignment of error
0705213 Ryan Berry v. Roanoke City Department of Social Services 04/12/2022
Trial court did not err in terminating appellant’s parental rights to his child after finding from the evidence that the appellee made reasonable and appropriate efforts under the circumstances to remedy the conditions that required foster care placement; appellant’s hearsay objection waived where same facts were admitted without objection as part of another exhibit
0725213 Charity Elizabeth Beverly v. Commonwealth of Virginia 04/12/2022
Judgment of trial court denying appellant’s motion to suppress affirmed where trial court found good faith exception applied; evidence was sufficient to prove appellant possessed the drugs found in her residence
0985214 Keeley Reid v. Warren County Department of Social Services 04/12/2022
No error in trial court’s finding that termination of appellant’s parental rights to her child was in child’s best interests and that appellant failed to remedy the conditions that led to removal of the child notwithstanding appellee’s reasonable and appropriate efforts to assist appellant
0401211 Delano Grangruth v. Commonwealth of Virginia 04/05/2022
Trial court did not err in denying appellant’s motion to suppress where the entry of the government officials was not unreasonable within the meaning of the Fourth Amendment and the good faith exception allowed officers to rely on the warrant to search the premises
0448213 David Joseph Cecil v. Commonwealth of Virginia 04/05/2022
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas after finding appellant failed to present a reasonable defense to warrant withdrawal
0540213 Gene Raymond Locke v. Commonwealth of Virginia 04/05/2022
Judgment of trial court as to one count of shoplifting by altering tags third offense affirmed as it was not challenged in the trial court; judgment of trial court as to one count of shoplifting by altering tags third offense reversed where evidence was insufficient to prove appellant was the one who placed the incorrect price tags on the merchandise
0609213 Philip Cody Franklin v. Commonwealth of Virginia 04/05/2022
No error in trial court’s finding that Commonwealth’s evidence established a prima facie case of breaking and entering where appellant had possession of items stolen from the home less than twenty-four hours after the burglary
0652213 Michael Earl Ferguson v. Commonwealth of Virginia 04/05/2022
Trial court did not err in not crediting appellant’s alibi or his alibi witnesses and finding the Commonwealth’s evidence sufficient to prove appellant possessed a firearm and was the shooter
1028212 Raheem Supreme Chambliss v. Commonwealth of Virginia 04/05/2022
Trial court did not abuse its discretion in denying appellant’s motion for a continuance and appellant has failed to show that he was prejudiced
1177213 Matthew Connor v. Kelly Lyons f/k/a Kelly Connor 04/05/2022
Judgment of trial court affirmed where Court cannot consider appellant’s assignment of error without a transcript or written statement of facts in lieu of a transcript
0333213 Corey M. Stowers v. Georgia Pacific, LLC and Old Republic Insurance Company of North America 03/29/2022
Commission did not err in construing and applying Code § 65.2-309 in denying appellant’s request to exclude non-compensable damages from the amount of the third-party recovery subject to appellees’ right of subrogation
0534213 Mary Haley Scott v. Commonwealth of Virginia 03/29/2022
No error in trial court’s finding that the evidence was sufficient to show that appellant intended to permanently deprive the victim of his property and that the value of the property exceeded $500; any error in the trial court’s refusal to allow counsel to question victim about pawnshop records harmless
0637213 Raymond Travis Swinson, Sr. v. Commonwealth of Virginia 03/29/2022
No error in trial court’s finding that evidence was sufficient to prove appellant knowingly and willfully, without justifiable excuse, endangered the incapacitated victim’s health and safety
0641212 Anthony J. Slayton, s/k/a Anthony Jerome Slayton v. Commonwealth of Virginia 03/29/2022
No error in trial court’s finding that appellant acted as a principal in the first degree when he was shooting the gun out of the front passenger seat of the vehicle
0671213 Joseph Lawrence Hill v. Commonwealth of Virginia 03/29/2022
Jury could reasonably conclude that appellant intentionally bit the deputy given the duration and force of the bite and appellant’s demeanor and the surrounding circumstances
0700213 Antwan Marchello Stone v. Commonwealth of Virginia 03/29/2022
No error in trial court’s finding that the Commonwealth’s evidence was sufficient to prove appellant’s identity as the shooter
0854213 Holland Coleman v. Pamela Coleman 03/29/2022
Appeal dismissed where the trial court’s refusal to incorporate the parties’ property settlement agreement into the divorce decree is not an appealable interlocutory ruling
1110213 Commonwealth of Virginia v. Melvin Keith Noaks 03/29/2022
Trial court erred in granting appellee’s motion to suppress where the record fails to establish that appellee had a reasonable expectation of privacy in the apartment to allow him to assert Fourth Amendment protections related to the officer’s entry into and subsequent search of the apartment
0549211 Daryl Edward Decroix v. Commonwealth of Virginia 03/22/2022
No error in trial court’s finding that evidence was sufficient to prove appellant committed an assault upon the officer
0848214 Ricardo Tinoco-Rivera v. Commonwealth of Virginia 03/22/2022
Any error by trial court in refusing to allow appellant to cross-examine the victim’s mother on possible bias or motivation for testifying against him harmless in light of the overwhelming evidence of appellant’s guilt
0857214 Keith Billingsley, Jr. v. Commonwealth of Virginia 03/22/2022
Trial court did not abuse its discretion in denying appellant’s motion for pretrial bail
0910213 Megan Faye Beeman v. Commonwealth of Virginia 03/22/2022
Trial court did not abuse its discretion by resuspending four years of appellant’s previously suspended five-year sentence based on appellant’s new felony offense and other probation violations
1268201 Raymond Alexander Martin v. Commonwealth of Virginia 03/22/2022
Trial court did not abuse its discretion in finding appellant failed to demonstrate that he had the requisite good faith to withdraw his guilty pleas
0112212 Jonathan Ross Hawker v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the criminal agent that stole the victim’s property
0315213 Justin Tre Carter v. Commonwealth of Virginia 03/15/2022
Trial court erred in finding evidence was sufficient to show appellant constructively possessed the ammunition or the marijuana; as the now-reversed convictions may have affected sentence imposed on appellant’s probation revocation sentence, that matter is remanded for resentencing
0460214 Alexandra Mulvey v. Gerald Philip Rhoads and Linda MacNally 03/15/2022
Trial court erred in finding the record established a sufficient level of parental unfitness to justify terminating appellant’s parental rights to her child; judgment granting the adoption petition and associated name change request reversed
0582211 Oras Paul Freeman v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of unlawful wounding where the physical evidence was inconsistent with appellant’s testimony as to the incident
0622211 Matthew Montrail Mills, a/k/a Mathew Montrail Mills v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that appellant had the requisite intent when he spat and kicked at the officers; appellant’s argument regarding intent with regard to scratching one of the officers barred by Rule 5A:18
0793211 Edward Hines Sigler v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that evidence was sufficient to infer from appellant’s possession of the stolen goods that the committed the burglaries and larcenies
0803211 Davon Rashad Lewis v. Commonwealth of Virginia 03/15/2022
Trial court did not err in denying appellant’s motions to strike where the evidence was sufficient to prove that appellant committed larceny and conspired to commit burglary; appellant never made a motion to strike the burglary charge
0931211 Tyrese Sentell Warren v. Commonwealth of Virginia 03/15/2022
No error in trial court’s findings that appellant acted with malice and not in the heat of passion when he stabbed he unarmed victim and that appellant was the aggressor and did not act in self-defense
0266213 Andre Pierre Beal v. Commonwealth of Virginia 03/08/2022
Trial court did not err in finding appellant knowingly and intelligently possessed cocaine residue found in the rolled up dollar bill appellant dropped when he exited the vehicle
0456212 Commonwealth of Virginia Department of Corrections v. Jacoby Garrett 03/08/2022
Trial court erred in remanding the case back to the hearing officer so it could develop a factual record outside the scope of the issues presented to the hearing officer in the first hearing so the hearing officer could make additional findings on an issue that was not in the record of the grievance proceedings
0529213 Stephanie Nichole Penn v. Commonwealth of Virginia 03/08/2022
Trial court did not abuse its discretion in admitting the videotape and the knife into evidence; evidence was sufficient to prove appellant’s actions were sufficient to prove that appellant placed the child at a distinct risk of actual physical harm and displayed a reckless disregard for human life
0645213 Jennifer Johnson, Widow of David Johnson v. General Dynamics Corp. and New Hampshire Ins. Company 03/08/2022
Commission did not err in finding appellant failed to establish her husband suffered an identifiable compensable injury; appellant cannot recover under a negligent first-aid theory because that claim is either a compensable consequence claim when the initial claim is denied or time-barred
0763211 Jordan Severance Banks v. Commonwealth of Virginia 03/08/2022
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions for burglary and grand larceny where appellant had exclusive, unjustified possession of the stolen property shortly after the burglary
0796212 Commonwealth of Virginia Department of Corrections v. Jacoby Garrett 03/08/2022
As the order remanding the case back to the hearing officer is reversed, appellee no longer has substantially prevailed on the merits of his case; matter also remanded to the trial court to make a ruling on attorney fees based on whether appellee substantially prevails on remand
0822213 James Yarbrough, Jr. v. Firewater Transport. LLC and Federated Mutual Insurance Company 03/08/2022
Commission did not err in denying appellant’s claim for temporary disability benefits during a specific time frame where it found appellant did not adequately market his residual work capacity during that time
1275202 Jequan Vonta Taylor v. Commonwealth of Virginia 03/08/2022
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the cocaine and firearm in the vehicle
0134213 Keisha Nicole Moser v. Commonwealth of Virginia 03/01/2022
Trial court did not err in excluding exculpatory evidence from one of appellant’s witnesses where appellant did not prove the witness was unavailable to testify at trial
0518213 Edna Michelle Napier v. Wise County Department of Social Services 03/01/2022
Trial court did not err in terminating appellant’s parental rights to her three children after finding termination was in the best interests of the children and that appellant had failed to substantially remedy the conditions which led to foster care placement within a reasonable period of time; the evidence is sufficient to support the trial court’s findings
0523212 Randolph Eugene Smith v. Commonwealth of Virginia 03/01/2022
Evidence was sufficient for jury to conclude that appellant did not act in self-defense and acted with premeditation and supported their verdict of first-degree murder and use of a firearm in commission of a felony in the murder of his stepson
0684211 Jalen Rashon Parker v. Commonwealth of Virginia 03/01/2022
Trial court did not err in finding the evidence, taken together, was sufficient to establish that appellant had previously been convicted of an offense that would be a felony if committed by an adult
0741211 Marquell Lamont Bailey s/k/a Marquel Lamont Bailey v. Commonwealth of Virginia 03/01/2022
No error in trial court’s finding that appellant’s prior conviction for possession with intent to distribute an imitation controlled substance qualified as a predicate offense triggering the enhanced penalty provision under Code § 18.2-248(C)
0743213 Travis Wilton Radford v. Bedford County Department of Social Services 03/01/2022
Judgment of trial court terminating appellant’s parental rights and approving the foster care goal of adoption affirmed where appellant’s failure to challenge one of the subsections under which his parental rights were terminated moots the challenge to the other subsections under which his parental rights were terminated
0754214 Robert Lee Elliott v. Mary Ellen Bailey Elliott 03/01/2022
Trial court did not abuse its discretion in the award of spousal support award to appellee where there is no evidence the trial court did not consider a relevant factor or considered an irrelevant or improper factor
0755213 Jessica Margaret Sites-Long v. Radford City Department of Social Services 03/01/2022
Trial court’s termination of appellant’s parental rights to her children affirmed where she did not preserve under Rule 5A:18 her argument regarding the sufficiency of the evidence to terminate her parental rights and neither exception to Rule 5A:18 applies in this case
1391203 Barbara Nicole Wood v. Commonwealth of Virginia 03/01/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was driving the truck when it struck the pole and did not notify the owner of the damaged property and that appellant constructively possessed the methamphetamine in the glass smoking pipes found in the glovebox of the truck
0081212 Lester Louis Labarge v. Commonwealth of Virginia 02/22/2022
No error in trial court’s finding that evidence was sufficient to convict appellant of involuntary manslaughter and reckless driving
0577212 Jeremy Wayne Dodge v. Commonwealth of Virginia 02/22/2022
No error in trial court’s finding that evidence was sufficient to prove appellant impeded the victim’s respiration by knowingly, intentionally, and unlawfully applying pressure to her neck and that his actions resulted in bodily injury to the victim
0672213 Matthew Ryan Scott v. Commonwealth of Virginia 02/22/2022
No error in trial court’s finding evidence was sufficient to prove appellant knowingly and intentionally possessed the methamphetamine and fentanyl found in the vehicle
0955213 Sarah Nicole Myers v. Bedford County Department of Social Services 02/22/2022
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(2)
1376202 Linwood Gequan Walden v. Commonwealth of Virginia 02/22/2022
Trial court did not abuse its discretion in denying appellant’s request for funds to hire a mitigation expert for sentencing where appellant failed to demonstrate a particularized need for expert assistance
0576211 Christopher Nolan Vines v. Commonwealth of Virginia 02/15/2022
No error in trial court’s finding that evidence was sufficient to find appellant was aware of the gun found in his bedroom and that the gun was within his dominion and control
0714214 William J. Gulley v. Jennifer R. Brinkley, f/k/a Jennifer R. Gulley 02/15/2022
Trial court did not err in granting appellee’s motion to strike, denying appellant’s request to relocate the children, where it found the parties’ temporary agreed change in custody did not rise to a material change in circumstances
0048211 Danielle Coker v. City of Hampton Department of Social Services 02/08/2022
No error in trial court’s termination of appellant’s parental rights after finding termination was in the best interests of the children and DD made reasonable efforts to find relative placements
0402212 Theresa Jean Wiziarde v. Anthony Maurice Warren 02/08/2022
Trial court did not err in conducting a hearing solely on appellant’s appeal of the order denying her motion for appellee’s supervised visitation where she failed to inform the trial court of her appeal of the order granting appellee increased visitation
0458213 Daniel James Stark v. Commonwealth of Virginia 02/08/2022
No error in trial court’s finding evidence was sufficient to support appellant’s conviction of felony property damage; as evidence was sufficient to support the felony conviction, Code § 19.2-151 was inapplicable
0499211 Edward C. Lewis v. Commonwealth of Virginia 02/08/2022
No error in trial court’s finding that appellant constructively possessed the firearm found in the back seat of the vehicle in which he was the sole occupant
1254201 Danielle Coker v. City of Hampton Department of Social Services 02/08/2022
No error in trial court’s finding that the permanency planning goal of relative placement/adoption was in the children’s best interests
0477214 John K. Leo v. Dannah A. Leo 02/01/2022
As Court reversed the judgment pertaining to the military retired pay order, the spousal support award must be recalculated
0478214 John K. Leo v. Dannah A. Leo 02/01/2022
Trial court erred in entering an order requiring appellant to indemnify appellee for any military retired pay waived as a result of a disability election and prohibiting appellant from making any election that in any way adversely affected the amount of the military retired pay
0559213 Tammy Lynn Graham v. Bedford County Department of Social Services 02/01/2022
Judgment of trial court terminating appellant’s parental rights to her children affirmed where termination was in the children’s best interests
0685214 Brandi M. Maly v. Trenton J. Maly 02/01/2022
Trial court erred in dividing appellee’s military retirement pay using a denominator that does not comply with federal law or this Court’s precedent; trial court did not err in excluding appellee’s expert witness’ testimony
0719214 Truteam and Ace American Insurance v. Gloria C. DeQuintanilla 02/01/2022
Commission did not err in awarding temporary total disability benefits to appellee
1440203 Michael Randolph Vaughan v. Commonwealth of Virginia 02/01/2022
Trial court did not err in refusing to admit appellant’s “impeachment” evidence as it was irrelevant and inadmissible hearsay; trial court did not err in finding evidence was sufficient to prove appellant had the requisite intent to support his convictions of attempted murder and aggravated malicious wounding
0232214 Sharon E. Robertson v. Ricky Wes Loy 01/25/2022
Trial court did not err in interpreting sections of the premarital agreement concerning the disposition of certain real property and the distribution of marital property upon divorce; trial court erred in setting the amount of debt on the BMW Property as of March 9, 2019
0570214 Charles E. Hayes, Jr. v. Virginia Department of Motor Vehicles 01/25/2022
Trial court did not err in affirming the hearing officer’s decision terminating appellant’s employment as he received all the due process that he was due under the State Grievance Procedure and the decision was not contradictory to law
0783203 Catherine Nicole Chittum v. Commonwealth of Virginia 01/25/2022
No error in trial court’s finding that evidence was sufficient to support appellant’s grand larceny conviction where appellant transferred funds to herself outside the scope of and contrary to the duties she owed her mother as her agent pursuant to a power of attorney and her mother testified that the transfer of funds was not a gift
0318214 Zaaki Restaurant and Cafe, LLC v. VA Department of Housing and Community Dev., etc., et al. 01/18/2022
Trial court did not err in upholding the agency decision to revoke appellant’s certificate of occupancy
0585214 Colleen Leyrer v. Reza Hajiha 01/18/2022
Trial court erred in classifying the $70,020 as appellee’s separate property instead of appellant’s separate property where under Code § 20-107.3(1)(A)(i) appellant was the party who acquired the funds prior to the parties’ marriage
0689213 Piedmont Foundry Supply Inc. and Central Mutual Insurance Company v. Aaron Penn 01/18/2022
No error in Commission’s determination that appellants did not establish the requisite probable cause that a change in condition occurred with respect to appellee’s continuing disability for a hearing on the termination of appellee’s disability benefits
0721213 Marvin Patrick Bryson v. Grayson County Department of Social Services 01/18/2022
No error in trial court’s finding that termination of appellant’s parental rights was in the child’s best interests
1249204 Lisa Schulken Bartosch v. Commonwealth of Virginia 01/18/2022
Trial court did not abuse its discretion in denying appellant’s motion to withdraw her guilty plea after finding that appellant contractually relinquished the ability to withdraw the plea under Code § 19.2-296
0135213 Adrian Edgar Ibanez v. Commonwealth of Virginia 01/11/2022
Trial court did not err in finding evidence was sufficient to prove appellant was operating the vehicle on a public highway when it rolled over and thus did not err in admitting the certificate of analysis or in finding evidence was sufficient to prove appellant operated a motor vehicle under the influence of alcohol
0224212 John Michael Phillips v. Commonwealth of Virginia 01/11/2022
Judgment of trial court finding evidence sufficient to prove appellant had the requisite intent to defraud affirmed; appellant raised no assignment of error in his opening brief with regard to conviction of felony failure to appeal
0416212 Nashwan Ali Gubari v. Commonwealth of Virginia 01/11/2022
Trial court did not err in denying the motion to suppress where the facts, viewed together, provided reasonable suspicion to allow the officer to briefly extend the detention of appellant and the rental car for additional investigation; appellant’s challenge to sufficiency of the evidence barred by Rule 5A:18
0606213 Carol A. Shifflet v. Daniel P. Shifflet 01/11/2022
No error in trial court’s finding that the premarital agreement between the parties was valid and enforceable as appellant did not present clear and convincing evidence that the premarital agreement was the result of overreaching or oppressive influences
8888881 Cases Appealed to Supreme Court of Virginia 01/01/2022
0591214 Thomas C. Drose v. J. E. Richards Electrical Company and Old Republic Ins. Co. 12/21/2021
Commission did not err in denying appellant’s request to change his treating physician or in finding appellant failed to prove he suffered from temporary total disability
0660212 Carson Cole v. Mecklenburg County Department of Social Services 12/21/2021
Trial court did not err in terminating appellant’s parental rights to his child and finding that termination of those rights was in the child’s best interest
0420212 Career Development Center, Inc. v. Virginia Employment Commission 12/14/2021
Trial court did not err in affirming appellee’s determination that a claimant requesting unemployment benefits was an employee of appellant and not an independent contractor
0674214 Vanessa Renee Caison v. Culpeper County Department of Social Services 12/14/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)(i) after finding termination was in the child’s best interest and that appellant had previously had her rights terminated as to another child
1350201 Rudolph Alexander Watson v. Commonwealth of Virginia 12/14/2021
No error in trial court’s finding that evidence was sufficient to prove appellant possessed the baggie of cocaine found on the ground after the chase and that appellant had the intent to distribute that cocaine
0039212 Rebecca B. Hill v. John R. DeMott 12/07/2021
No error in trial court’s finding that appellant did not prove a material change in circumstances involving the parental decision-making process since entry of the final decree of divorce
0234212 Michael R. Crawley, Sr. v. Patricia Paige Crawley 12/07/2021
Trial court did not err in entering the January 2021 order recalculating the marital share of appellant’s retirement benefits owed to appellee where that order effectuated the expressed intent of the 2004 equitable distribution order and the trial court had jurisdiction to enter it under Code § 20-107.3(K)(4)
0304212 Diana M. Lyon v. John Richard Lyon 12/07/2021
Trial court did not err in requiring appellant to reimburse appellee for half of deferred profit sharing dividends, requiring appellant to reimburse appellee for money removed from the joint account or in denying attorney’s fees to appellee; trial court erred in requiring appellee to reimburse appellant for rent and household expenses
0321214 Adrienne Mallard v. Next Day Temps, Inc. and Accident Fund General Ins. Co. 12/07/2021
Summary affirmance – Commission did not err in denying appellant’s claims
0343214 Daniel Alan Frazier v. Commonwealth of Virginia 12/07/2021
Appellant’s challenge to his pleas of no contest was not raised in the trial court and is waived pursuant to Rule 5A:18
0462211 Rosemary Polozzi v. Virginia Beach City Public Schools and PMA Management Corporation 12/07/2021
Summary affirmance – Commission did not err in finding appellant’s claimed injuries had no causal connection to her compensable work accident
0605212 Katherine Valentine v. Commissioner of the Virginia Department of Social Services 12/07/2021
Summary affirmance – no error in trial court’s finding that evidence was sufficient to support appellee’s finding of founded physical abuse
0731212 Barrick L. McLemore, Jr. v. Richmond Department of Social Services 12/07/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
0336211 Dmitry Shvets v. Michele N. Shvets 11/30/2021
Summary affirmance – judgment of trial court regarding consent support order and attorney’s fees order affirmed
0599212 Commonwealth of Virginia v. Tyekh Chamon Davis 11/30/2021
Trial court erred in granting appellee’s motion to suppress where the officer had reasonable suspicion that appellee was armed and dangerous and an officer’s failure to communicate does not invalidate an otherwise proper pat down performed in the context of a lawful stop
0005211 Oliver J. Wade v. City of Hampton Department of Social Services 11/23/2021
Trial court did not err in finding that termination of appellant’s parental rights to his children was in their best interests and that appellant failed to remedy substantially the condition that led to the children’s placement in foster care
0418211 Ashley Williams v. City of Virginia Beach, Department of Human Services 11/23/2021
Summary affirmance – trial court did not abuse its discretion in dismissing appellant’s appeal of the orders terminating her parental rights and approving the foster care goal of adoption for her failure to appear in the circuit court for the scheduled trial
1416201 Amanda Wade v. City of Hampton Department of Social Services 11/23/2021
Termination of appellant’s parental rights to her children affirmed where evidence proved termination was in the children’s best interests and the trial court’s error in restricting appellant’s cross-examination of witness harmless
0254214 Kulvinder Kaur v. Gurbrinder Singh Dhillon 11/16/2021
Trial court did not abuse its discretion in terminating the spousal support award to appellant, in alternating the child tax credit, or in denying appellant’s request for attorney’s fees
0288214 Tamela Monique Tibbs v. Fairfax County Department of Family Services 11/16/2021
No error in trial court’s finding that termination of appellant’s parental rights was in the child’s best interest and that termination was appropriate pursuant to Code § 16.1-283(E)(i)
0340213 James Robert Rorrer v. Louise Underwood 11/16/2021
No error in trial court’s finding that adoption of the child was in the child’s best interests
0512212 County of Chesterfield v. Harry Overton, Jr. 11/16/2021
No error in Commission’s findings that the basis for termination offered in appellant’s application was limited to poor job performance and that appellee was entitled to temporary total disability benefits
0541213 Hank Smith, Jr. v. Harrisonburg Rockingham Social Services District 11/16/2021
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(iv) where the aggravated circumstances to which another of appellant’s children was subjected also applied to the child at issue in this case
1606191 Christine Hill v. Wayne Hill 11/16/2021
Trial court erred in interpreting Code § 8.01-428(B) to extend the ten-day deadline for appellee to file a notice of appeal from the juvenile and domestic relations district court’s decision and thus never acquired jurisdiction over that appeal; judgment of trial court vacated
0312212 George Thomasson, III v. Chesterfield County Department of Social Services 11/09/2021
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(1)
0382214 Jason Bird v. Gabriela Bird 11/09/2021
Appeal dismissed where the order appealed from is neither an appealable interlocutory order nor an order that adjudicates the principles of a cause in this case
0385213 David Lamberti Botos v. Kara Shannon Burchinal Botos 11/09/2021
Summary affirmance – trial court did not err in its division of the marital asset or in its award of attorney’s fees to appellee; as appellant cannot challenge rulings from a prior nonsuited case, those rulings are not addressed in this appeal
1355204 Tamica Monique Green, s/k/a Tamika Green v. Commonwealth of Virginia 11/09/2021
No error in trial court’s finding that evidence was sufficient to establish appellant’s knowledge of the nature and character of her vape pen’s contents
0423211 Peninsula Neurosurgical Associates, Inc. v. Zimmerman Marine Inc, et al. 11/03/2021
Decision of Commission upholding the deputy commissioner’s denial of appellant’s motion to compel production of certain unredacted contracts and its denial of appellant’s application for further reimbursement for medical services affirmed
0441213 Tracey Lee Burns v. Roanoke City Department of Social Services 11/03/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0713204 Stefan F. Gaye, s/k/a Donovan Rae v. Commonwealth of Virginia 11/03/2021
Trial court did not err in denying appellant’s motions for a continuance made the day before trial and the morning of trial or in trying him in his absence where appellant had notice of the trial date and knew that he would be tried in his absence if he failed to appear
0824202 Sterling Lafetta Clark, II v. Commonwealth of Virginia 11/03/2021
Trial court did not err in denying appellant’s motion to suppress where the officers had a reasonable and articulable suspicion of criminal activity to support the investigatory detention and the encounter remained an investigatory detention at the time of the challenged pat down and did not amount to an arrest
0142214 Karen Elizabeth Cain v. Thomas Mattison Cain 10/26/2021
Trial court did not err in refusing to award attorney’s fees to either party where neither party satisfied the “substantially prevail[ed]” term as set forth in the parties’ agreements
0230212 Raymond F. Kuzemchak v. Ellen L. Kuzemchak 10/26/2021
Judgment of trial court denying appellant’s motion to terminate spousal support affirmed where appellant’s arguments that trial court failed to comply with Code § 20-109(G) waived as he invited the exact error he now raises on appeal
0596213 Commonwealth of Virginia v. James Daniel Murphy 10/26/2021
Trial court erred in prematurely dismissing the Code § 46.2-391 indictments where neither the Double Jeopardy Clause nor Code § 46.2-357 precludes the Commonwealth from seeking convictions under both Code §§ 46.2-357 and 46.2-391 and the Fifth Amendment’s prohibition on multiple punishments can only occur at the penalty-determination phase of trial
0683212 Meisha Henley v. Henrico Department of Social Services 10/26/2021
Trial court did not abuse its discretion in denying appellant’s motion for a continuance and treating appellant’s appeal as withdrawn for her failure to appear at a hearing for which she had actual notice
1153201 Detrail Jacoby Stiff v. Commonwealth of Virginia 10/26/2021
Trial court did not err in denying appellant’s motion to reconsider where appellant did not provide a valid excuse for his failure to present the information in the motion during trial and trial court was in the best position to determine the significance of the information in the motion
0178212 Russell G. Richardson v. U. Toussaint Richardson 10/19/2021
Judgment of trial court awarding lump sum spousal support to appellee affirmed where trial court considered the relevant factors
0427214 Commonwealth of Virginia v. Joshua Lawrence Bowen 10/14/2021
Trial court erred in granting motion to suppress where it narrowed appellee’s waiver under a plea agreement between appellee and the Commonwealth and found the search violated terms that were not included in the express waiver
1270191 Samuel Leon Burgess v. Commonwealth of Virginia 10/12/2021
Trial court erred in finding evidence was sufficient to prove appellant willfully failed to appear for his trial
1436204 Vanessa Caison v. Culpeper County Department of Social Services 10/12/2021
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest and that the evidence supported termination under Code § 16.1 283(C)(2)
1437204 Vanessa Caison v. Culpeper County Department of Social Services 10/12/2021
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest and that the evidence supported termination under Code § 16.1 283(C)(2)
0236211 Chesapeake Public Schools v. Larena Anderson 10/05/2021
Commission did not err in finding the medical opinion of one physician was more persuasive than the opinion of another physician or in awarding temporary total disability benefits based on that medical opinion
0320213 Cheyenne Leigh Gillaspy v. Harrisonburg Rockingham Social Services District 10/05/2021
No error in trial court’s finding that the evidence was sufficient to find that termination of appellant’s parental rights was in the child’s best interest
0389212 Katherine Hazelwood, Administrator, ET AL. v. Via Satellite, Inc., ET AL. 10/05/2021
No error in Commission’s finding that appellant failed to establish by a preponderance of the evidence that his injuries arose from an actual risk of his presence on the street
0415214 Rodney Mitchell v. Weather Control, Incorporated and Accident Fund General Insurance Company 10/05/2021
Commission did not err in concluding appellant was not the beneficiary of a de facto award where there was no evidence of an actual agreement of stipulation between the parties regarding the compensability of the accident or in concluding appellant did not suffer a compensable injury by accident
0825201 Darrius Donta Copeland v. Commonwealth of Virginia 10/05/2021
Trial court did not err in denying appellant’s motions to strike and to set aside the verdict where the evidence was sufficient to prove appellant was the criminal agent who shot the victim and that he premeditated the victim’s murder
0876204 Edwin Giovanni Chavez Macias v. Commonwealth of Virginia 10/05/2021
Evidence was sufficient to support jury’s finding that appellant committed rape, sodomy, and animate object sexual penetration against a mentally incapacitated or physically helpless victim; no reversible error in trial court’s limiting of appellant’s closing argument where appellant substantially made that argument to the jury
0993202 Clinton Coleman s/k/a Clinton Damon Coleman v. Commonwealth of Virginia 10/05/2021
Trial court did not err in denying appellant’s motions to set aside the verdict and for a new trial where the evidence was sufficient to support appellant’s convictions and appellant did not meet his burden of showing the victim’s new testimony was material and warranted a new trial
1264201 Shecoria Janee Billups v. Commonwealth of Virginia 10/05/2021
No error in trial court’s finding that evidence was sufficient to prove appellant was operating the vehicle at the time of the accident
0371182 Samantha Ann Nicholson v. Albemarle County 09/28/2021
Trial court erred in finding evidence was sufficient to prove appellant had actual notice of her license suspension for an indefinite term and remained suspended at the time of the offense; upon appellee’s concession and independent review by the Court, the charge is reversed and dismissed
0827201 Terry Denise Omeni v. Commonwealth of Virginia 09/28/2021
Trial court’s award of restitution for itemized expenses incurred by the victim in the recovery of the vehicle affirmed; trial court’s award of restitution for unspecified expenses reversed
0093211 Tammy Anne Reinbold v. City of Newport News Department of Human Services 09/21/2021
Judgment of trial court terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2) affirmed
0268214 Ebony Lashay Smith a/k/a Ebony Manns-Smith 09/21/2021
Summary affirmance – no error in trial court’s finding that the evidence was sufficient to terminate appellant’s parental rights to her children and that the termination was in their best interests
0494211 Matthew Harris v. Suffolk Department of Social Services 09/14/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1-283(C)(2) after finding appellant had been unable to remedy the conditions leading to the child’s placement in foster care
0173212 Magic City Ford Lincoln Isuzu Trucks and Vada Group Self-Insurance Association v. Larry Kerr 08/31/2021
Commission did not err in finding appellee’s injuries arose out of his employment and in affirming the award of temporary total disability benefits to appellee
0328213 Dickenson-Russell Coal Company, LLC and Brickstreet Mutual Ins. Co. v. Larry Kiser 08/31/2021
Summary affirmance – No error in Commission’s award of total disability benefits to appellee where the evidence was sufficient to prove appellee was permanently and totally disabled under Code § 65.2-504(A)(4)
0354212 Richmond Public Schools, et al. v. Angela Coy 08/31/2021
Summary affirmance – no error in Commission’s finding that appellee sustained a compensable neck injury in her workplace accident
0359213 John Franklin Higgins v. Bedford County Department of Social Services 08/31/2021
Summary affirmance – trial court did not err in finding the paternal grandmother was not a viable placement option or in terminating appellant’s parental rights to his child and approving the foster care goal of adoption
1338202 Ananda K. Murthy v. Frito Lay, Inc. and Indemnity Insurance Company of N. America (Ina Ins) 08/31/2021
Summary affirmance – Court finds appellant’s arguments waived for his failure to comply with Rules 5A:20 and 5A:25
0301214 Michael Allen Clark, Sr. v. Culpeper County Department of Social Services 08/17/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children and approving the foster care goal of adoption
1075203 Brandi Starr Floyd v. Commonwealth of Virginia 08/17/2021
No error in trial court’s finding that appellant did not have the victim’s permission to use the credit cards and that the payments made to appellant were not legitimate wages or loans
1255201 Lorin Cotton v. City of Hampton Department of Social Services 08/17/2021
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance or err in finding the child was abused or neglected and that the evidence was sufficient to remove the child from the home
1345202 Mark Wayne Walter, A/K/A Tiger David Darling v. Ludmilla Walter 08/17/2021
No error in trial court’s award of spousal support to appellee where desertion is not a bar to spousal support and appellee did not desert appellant when she sought a protective order
0057213 Mary Ann Cooper v. Bristol Virginia Department of Social Services 08/10/2021
Summary affirmance – trial court did not err in changing the foster care goal and finding that a goal of adoption was in the child’s best interests
0113211 Carole Anne Filyaw v. City of Virginia Beach Department of Human Services 08/10/2021
Trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption
0197212 Commonwealth of Virginia v. Zavia Ramon Murphy 08/10/2021
Trial court erred in finding appellee’s constitutional rights to a speedy trial were violated
0062213 Samantha Colleen Coward v. Tina Louise Joseph and Michael A. Joseph 08/03/2021
Trial court did not err in determining it had jurisdiction to consider this adoption petition as this case was not a parental placement adoption and neither parent consented to the adoption so the juvenile court did not have subject matter jurisdiction to address whether the parent’s consent was being withheld contrary to the best interests of the child
0109213 Amanda Clements v. Augusta Health and Safety First Insurance Co. 08/03/2021
No error in Commission’s finding that as appellant suffered a pre-existing functional loss of use of her lower right extremity, appellees were entitled to a credit and the Commission did not err in awarding appellant permanent partial disability based on the 25% rating attributable to the workplace injury
0889204 Ghyslaine Mendez Belmonte, s/k/a Ghyslaine Mendez-Belmonte v. Commonwealth of Virginia 08/03/2021
Trial court did not err in denying appellant’s motion to withdraw her guilty pleas after finding there was no manifest injustice
1128202 Theresa Weaver Young v. Commonwealth of Virginia 08/03/2021
No error in trial court’s finding that evidence was sufficient to find an atmosphere of intimidation that sufficiently satisfied that element of appellant’s robbery conviction
1392201 Jon S. Wheeler v. Kimberly R. Wheeler 08/03/2021
Trial court did not err in finding appellant in contempt where the evidence showed appellant did not act in good faith and did not use his best efforts to remove appellee’s name from the real property at issue, in awarding appellee attorney’s fees under the separation agreement, or in denying appellant’s request for attorney’s fees
1430202 William G. Fendley, IV. v. Rachel B. Fendley 08/03/2021
Trial court did not abuse its discretion in denying appellant’s motion for a continuance, using an alternate valuation date for valuing appellant’s retirement account, apportioning the tax debt, and in awarding appellant a child support credit
0037214 Alan H. Nielsen v. Jacqueline M. Nielsen 07/27/2021
Trial court did not err in allowing as an expense in the calculation of spousal support money given by appellee to her mother where that support had been a longstanding part of the marriage finances and continued when the original spousal support determination was made
0133213 Steven B. Gilman v. Stephanie Hostetter Shobe 07/27/2021
Judgment of trial court sustaining appellee’s demurrer to appellant’s amended complaint affirmed where appellant failed to allege facts sufficient to sustain a claim of extrinsic fraud or fraud upon the court
0622201 Donald H. Creef, III v. Marindy L. Creef 07/27/2021
Trial court erred in entering the final decree nunc pro tunc and in ordering appellant to “maintain” a new life insurance policy; trial court did not err in fashioning the portions of the equitable distribution award relating to the marital residence, the vehicles, and various financial accounts , in awarding attorney’s fees to appellee or in the findings regarding child and spousal support
1252202 Josey M. Noblin v. Halifax County Department of Social Services 07/27/2021
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interest
1297203 Eric Adam Quesenberry v. Giles County Department of Social Services 07/27/2021
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(2) and finding termination was in the children’s best interest
1340203 Laurianne Kristin Quesenberry v. Giles County Department of Social Services 07/27/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(2)
1348202 Klockner Pentaplast of America and Hartford Underwriters Insurance Company v. Beverly Hope Miller 07/27/2021
Commission’s award of benefits affirmed where evidence supports the finding that appellants failed to prove appellee’s injury resulted from her intentional violation of a known safety rule
0121212 B. Mayes Marks, Jr. v. John Randolph Medical Center/HCA 07/20/2021
Commission did not err in interpreting Rule 6.2’s reasonable notice requirement to contain a temporal component and then concluding appellant failed to comply with it in this case
0255214 Quest for Excellence Learning and Accident Fund Insurance Company of America v, Rebecca Newsom 07/20/2021
Summary affirmance – no error in Commission’s finding that appellee sustained an injury by accident to her left knee and that appellee sustained an injury by accident occurring in the course of her employment
0422201 Randy Lee Lassiter, Jr. v. Commonwealth of Virginia 07/20/2021
Trial court did not err in allowing a witness to testify in the Commonwealth’s rebuttal case where the only favorable evidence subject to Brady disclosure was the witness’ criminal record and appellant received that record in time to effectively use it at trial
0731203 Leonard Eugene Blackwell, Jr. v. Commonwealth of Virginia 07/20/2021
Trial court did not err in finding no prosecutorial misconduct and appellant’s arguments based on a violation of speedy trial and due process rights fail
0736203 Kimberly Mayhew Barksdale v. Commonwealth of Virginia 07/20/2021
Trial court did not err in denying appellant’s motion to dismiss the indictments where appellant’s speedy trial rights were not violated, in granting the motion to nolle prosequi the original murder indictment, or in prohibiting the use of insanity evidence for failure to comply with Code § 19.2 168
1048203 Joshua Nathan Christie v. Commonwealth of Virginia 07/20/2021
Trial court did not err in finding it lacked authority to defer disposition again on appellant’s instant conviction for possession of methamphetamine where the legislative intent in the 2020 version of Code § 18.2-251 is plainly to provide only one opportunity for the deferral of punishment of an offense that was criminal at the time of the deferral for that offense
1341203 Mereisa Cleveland McDaniel v. Harrisonburg Rockingham Social Services District 07/20/2021
No error in trial court’s finding that it was in the best interests of appellant’s child to terminate appellant’s parental rights under Code § 16.1-283(E)(i)
1342203 Mereisa Cleveland McDaniel v. Harrisonsburg Rockingham Social Services District 07/20/2021
No error in trial court’s finding that it was in the best interests of appellant’s child to terminate appellant’s parental rights under Code § 16.1-283(E)(i)
0044214 Mercedes Amaya Hernandez v. NSR Solutions, Inc. and Gallagher Bassett Services, Inc 07/13/2021
Commission did not err in denying appellant’s claim for benefits where appellant failed to prove that her injury arose out of her employment
0647204 Daivon Renee Lucas v. Commonwealth of Virginia 07/13/2021
Judgment of trial court revoking appellant’s suspended sentence and refusing to re-suspend any of that sentence affirmed; appellant’s argument regarding the trial court’s failure to state on the record that it had considered mitigating evidence was barred by Rule 5A:18
0869204 Jaeyoung Lee v. Commonwealth of Virginia 07/13/2021
No error in trial court’s finding that the evidence was sufficient to prove that appellant knew of the child pornography on the hard drive devices, that it was subject to his dominion and control, and that he constructively possessed it
1193192 Jamie Allen Seamster v. Commonwealth of Virginia 07/13/2021
Trial court did not err in finding that the evidence was sufficient to prove that appellant possessed a firearm while in possession of cocaine; trial court erred in imposing two sentences under Code Section 18.2-308.2 for simultaneous possession of a firearm and ammunition
1210201 Guy Martin Santiago, Jr. v. Commonwealth of Virginia 07/13/2021
Judgment affirmed as appellant’s argument regarding his sentence was barred by Rule 5A:18
1229204 Richard Hill v.Commonwealth of Virginia 07/13/2021
Appeal regarding a motion to reduce appellant’s sentence is dismissed as moot as appellant has fully served the sentence imposed
1280201 Crystal Faye Ward v. Newport News Department of Human Services 07/13/2021
Summary affirmance – trial court’s termination of appellant’s parental rights affirmed where appellant failed to timely file a transcript or statement of facts indispensable to a determination of the issue regarding the trial court’s denial of appellant’s motion for a continuance
0470201 Antonio Daron Futrell v. Commonwealth of Virginia 07/06/2021
Trial court did not err in denying appellant’s motion to suppress a warrantless search of his cell phone where the evidence established appellant’s intent to abandon the cell phone and thus surrender any privacy interest he may have had in it or its contents
0826202 Michael R. Mollenhauer v. Commonwealth of Virginia 07/06/2021
Court will not consider the merits of appellant’s challenge to the constitutionality of Code § 40.1-103 where the record does not support a finding of good cause to excuse the failure to raise the constitutional issue pre-trial
0848202 Lamoria Witcher Oliver v. Commonwealth of Virginia 07/06/2021
No error in trial court’s finding that evidence was sufficient to prove that appellant shot her estranged husband
1026202 Alan Petersen v. Tina Robertston v. F/K/A Tina Petersen 07/06/2021
Trial court erred in denying appellant’s motion for order of production and for entry of a protective order based on its timeliness where the tolling of case-related deadlines under this case was not lifted until July 20, 2020; matter remanded to trial court to consider the merits of appellant’s motion
1324202 Robert Leo Clavin v. Darlene Gibson Clavin 07/06/2021
Judgment of trial court regarding spousal support, contempt, and attorney’s fees to appellee is affirmed
1415204 Fred Farouq Falah v. Nasima Falah 07/06/2021
Judgment of trial court denying appellant’s motion to continue affirmed where appellant’s constitutional arguments are barred by Rule 5A:18; appellant made no showing of prejudice resulting from the trial court’s ruling
0030211 Richard Epps v. Portsmouth Department of Social Services 06/29/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2) after finding termination was in the child’s best interest
0881201 Kelvin Andre Rawlings v. Commonwealth of Virginia 06/29/2021
Judgment of trial court affirmed where appellant has waived appellate consideration of the arguments he raised for the first time in his second petition for appeal filed after the Court had denied the first petition for appeal
1243204 Brent E. Kynaston v. Danyelle L. Kynaston 06/29/2021
No error in trial court’s finding that the 2020 amendment to Code § 20-109(C) applied to the partial settlement agreement signed by the parties in August 2018 and that application of the amended statute to the agreement did not violate appellant’s constitutional rights
1385201 Julia Snell v. Thomas Davis 06/29/2021
No error in trial court’s finding that appellee’s motion for overage payments was not precluded by Rule 1:1, res judicata, or Code § 20-107.1
0710201 Darrell Thomas Ellis v. Talisha Danet Sutton-Ellis 06/22/2021
Judgment of trial court regarding child support, reimbursement of medical expenses, and attorney’s fees to appellee affirmed
0636204 Michael Vechery v. Florence Cottet-Moine 06/15/2021
No error in trial court’s custody and visitation order or in the protective order entered in favor of appellee and the parties’ child
0915204 Anita Shana-Nicole Simms v. Alexandria Department of Community and Human Services 06/15/2021
Trial court did not err in making the adjudicatory and dispositional findings at the same hearing, in finding that the children were abused or neglected, or in remanding the matter back to the juvenile court
0916204 Anita Shana-Nicole Simms v. Alexandria Department of Community and Human Services 06/15/2021
Trial court did not err in making the adjudicatory and dispositional findings at the same hearing, in finding that the children were abused or neglected, or in remanding the matter back to the juvenile court
1100204 Eric John Price v. Bonny Frances Price 06/15/2021
Trial court did not err in finding appellant in contempt and awarding attorney’s fees to appellee
1251204 CJ Designs Inc. and National Liability & Fire Ins. Co v. Joyce Williams 06/15/2021
No error in Commission’s finding that appellee’s injury arose out of her employment where the injury was caused by bending in an awkward position necessitated by conditions of the workplace
1349201 Quaneisha Gee v. City of Newport News Department of Human Services 06/15/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children
0240201 John Thomas Robinson v. Commonwealth of Virginia 06/08/2021
Judgment of trial court convicting appellant of failure to appear affirmed where appellant’s objection to trial court taking judicial notice of capias from general district court waived as he presented testimony on the same subject matter in his case-in-chief
1284204 Commonwealth of Virginia v. Clark Devell Watson 06/08/2021
Decision of trial court granting bail reversed where there was significant evidence favoring the denial of bail, a lack of evidence favoring bail, the presumption against bail itself, and the trial court did not articulate its findings supporting its conclusion that appellee bore his burden of persuasion that he was not a flight risk or a danger to the community
1320203 LAS V.Roanoke 06/08/2021
Decision of trial court granting bail reversed where there was significant evidence favoring the denial of bail, a lack of evidence favoring bail, the presumption against bail itself, and the trial court did not articulate its findings supporting its conclusion that appellee bore his burden of persuasion that he was not a flight risk or a danger to the community
0081201 Aisha Inshira Nelson v. City of Virginia Beach 06/01/2021
Trial court erred in finding evidence was sufficient to prove appellant had the intent to harass the 9-1-1 operator at the time the call was made
1320203 Leslie Ann Sawyers v. Roanoke City Department of Social Services 06/01/2021
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B) or in finding termination of those parental rights was in child’s best interest
0740201 Michael Wayne Keller v. Commonwealth of Virginia 05/18/2021
Trial court did not abuse its discretion in granting Instruction 14 regarding heat of passion or in denying appellant’s motion to strike the evidence where it was sufficient to support a finding of malice
1006202 North View Home For Adults, LLC v. Virginia Department of Health 05/18/2021
Trial court did not err in affirming appellee’s decision that appellant’s water system qualifies as a “waterworks” pursuant to Code § 32.1-167
0542202 Ricky Davis Parrish v. Commonwealth of Virginia 05/11/2021
Trial court did not err in denying appellant’s motions to suppress after finding appellant did not prove that he was an invited, overnight guest who enjoyed Fourth Amendment protection in the home searched
0637203 Russell Leroy Mars v. Diane Elizabeth Mars 05/11/2021
Summary affirmance – trial court did not err in denying appellant’s motion for reconsideration as it was without jurisdiction to modify the final support order more than twenty-one days after entry of that order
1002202 Salwa Jaffar v. City of Fredericksburg Department of Social Services 05/11/2021
Trial court did not err in finding evidence was sufficient to prove appellant abused or neglected her children or in terminating appellant’s parental rights to her children
1292202 Adnan Saeed v. City of Fredericksburg Department of Social Services 05/11/2021
Judgment of trial court finding appellant’s children had been abused or neglected and terminating appellant’s parental rights to his children affirmed
1582184 Alexandria City Public Schools and Alexandria City School Board 05/11/2021
Commission erred in finding appellee proved a compensable injury by accident to her right shoulder where she did not show that she sustained an obvious sudden mechanical or structural change in her shoulder
0027203 Brandon Lee Snead v. Commonwealth of Virginia 05/04/2021
Trial court did not abuse its discretion or violate appellant’s constitutional right to confrontation in admitting statements of an unidentified co-conspirator where those statements were not testimonial but rather made in furtherance of the crimes
1809192 Tyron Reshawn Clanton v. Commonwealth of Virginia 05/04/2021
Trial court erred in refusing to strike a juror for cause where her responses created a reasonable doubt as to her qualification to serve as a fair and impartial juror
0180201 Senora Luchille Cobb, s/k/a Senora Luchile Cobb 04/27/2021
No error in trial court’s finding that appellant’s encounter with the police at the hospital was consensual and did not err in denying appellant’s motion to suppress her hospital interview statements or in finding evidence was sufficient to prove that appellant was responsible for the victim’s care
0616202 Hina Qureshi v. Aamir Mahmood 04/27/2021
Appeal dismissed where the trial court and this Court lack jurisdiction to reach the merits of appellant’s appeal
1135204 Jeremy Von Guten v. Cari Lerch 04/27/2021
Trial court did not err in denying appellant’s motion to correct the visitation order or in awarding sanctions against appellant
0913204 Christopher Westley Dempsey v. Stephanie McQuade Dempsey 04/20/2021
Trial court did not err in granting appellee’s motion to enforce the final decree, entering the Court Order Acceptable for Processing, and in awarding attorney’s fees to appellee
1078203 Nicole Cooper v. Justin Laurent 04/20/2021
Trial court did not err in granting appellee’s motion to strike where appellant did not prove a material change in circumstances that warranted a change in custody of the parties’ children
1156203 Amanda Jonell Price v. Wise County Department of Social Services 04/20/2021
Judgment of trial court withdrawing for her failure to appear at the hearing appellant’s appeal of juvenile court’s order terminating appellant’s parental rights and approving foster care goal of adoption affirmed
0055203 Phillip Gary Powell, Jr. v. Commonwealth of Virginia 04/13/2021
No error in trial court’s finding that appellant had knowledge of the nature and character of the substance in his possession
1012204 Tamas Fekete v. Gyorgyi Fekete 04/13/2021
Judgment of trial court regarding child support affirmed where trial court did not err in determining appellant’s business expenses or appellee’s child care expenses
1155201 Kristopher LaFlamme v. Virginia Beach Department of Human Services 04/13/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of adoption
0313202 Michelle Lightfoot v. Commonwealth of Virginia 04/06/2021
No error in trial court’s finding that appellant obstructed the officer in the performance of his duties, that the officer had probable cause to arrest appellant, and that appellant was not resisting an unlawful arrest when she assaulted the officer
1042202 Aaron Wendt v. Richard D. Holcomb, Commissioner, Department of Motor Vehicles 04/06/2021
Trial court’s dismissal of appellant’s petition for appeal affirmed where the trial court lacked subject matter jurisdiction to consider appellant’s challenge to the suspension of his license because the appellant’s challenge did not relate to identity and the suspension was mandatory
1077201 Virginia International Terminals, LLC and Arch Insurance Company v. Neurosurgical Specialists, Inc. 04/06/2021
Commission did not err in finding that appellee provided a prima facie case that the medical bills at issue reflected the prevailing community rate or in concluding appellants’ response on this issue was unreasonable and awarding appellee a set amount of attorney’s fees
1190204 Alfreda Ligon v. CPS II, Inc. and Employers Preferred Ins. Co. 04/06/2021
Commission applied the correct preponderance of the evidence standard in finding appellant’s left ankle injury was not a compensable consequence of appellant’s original right ankle injury
2060194 Delonte A. Wright v. Commonwealth of Virginia 04/06/2021
No error in trial court’s finding that evidence was sufficient to prove appellant broke into the victims’ home and stole their property
0764202 Troy Darren Durocher v. Debra Thomas Durocher 03/30/2021
Trial court did not abuse its discretion in awarding appellee a lump sum spousal support award or in determining appellant’s income
0882202 Lisa Michelle Whitmer v. Spotsylvania County Department of Social Services 03/30/2021
Judgment of trial court’s finding that termination of appellant’s parental rights to her children was in their best interest affirmed
0885204 Shawn Gaines v. Leonora Gaines 03/30/2021
Trial court did not abuse its discretion in apportioning the parties’ marital debt or in its award of spousal support to appellee
0903202 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 03/30/2021
Judgment of trial court’s finding that termination of appellant’s parental rights to his children was in their best interest affirmed
0135202 Leonel Perri Arroyo v. Commonwealth of Virginia 03/23/2021
Any error by trial court in sustaining Commonwealth’s objection to text messages between the victim and another harmless as their introduction would not have influenced the trial court’s decision or had but slight effect given the overwhelming evidence of appellant’s guilt
1192203 Radhwan Al-Hamood v. Murooj R. Al Sadoon 03/23/2021
Trial court did not abuse its discretion in finding it was in the children’s best interests to award custody to appellee and deny visitation to appellant
0020202 Maurice Addison v. Commonwealth 03/16/2021
No error in trial court’s finding that evidence was sufficient to prove appellant was the person who killed the victim
0879203 Tara Rayne, a/k/a Ashley Carter v. Franklin County Department of Social Services 03/16/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child or in denying appellant’s motion to amend the child protective order to allow her to have contact with the child
0946201 Devonia Burgess v. Anwar Burgess 03/16/2021
Trial court did not err in ordering a visitation schedule and considered the best interests of the children in doing so
1166203 Commonwealth of Virginia v. David Lee Thompson 03/16/2021
Trial court erred in declining to apply the good faith exception and excluding evidence seized from a search of appellee’s residence
0466201 Alonzo Ellis Marshall, Jr. v. Commonwealth of Virginia 03/09/2021
No error in trial court’s finding that appellant had the intent to break into the Dollar Tree to commit larceny; appellant’s argument regarding sufficiency of evidence to support the use of a firearm conviction barred by Rule 5A:18
1609193 Spencer Kelly Dixon v. Commonwealth of Virginia 03/09/2021
No error in trial court’s finding evidence was sufficient to prove appellant violated Code § 46.2 1075 where he affixed a VIN from one motorcycle onto another with permission of DMV and traded it to the victim and that appellant intended to defraud the victim
1817192 Derrick Gerard Tucker, Jr. v. Commonwealth of Virginia 03/09/2021
Trial court did not err in refusing to instruct the jury on voluntary manslaughter where the evidence did not support such an instruction
0593204 Stacy L. Glass v. City of Manassas Park Department of Social Services 03/02/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0648202 Yamina Anna Jordan v. Commonwealth of Virginia 03/02/2021
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant did not present to the trial court the argument raised on appeal that the evidence was insufficient to establish the materiality element of perjury
1067203 Teeshia Justice Potts v. Buchanan County Department of Social Services 03/02/2021
Judgment of trial court terminating appellant’s parental rights to four of her children and approving the foster care plan goal of adoption affirmed
1103201 Virginia Beach City Public Schools and PMA Management Corporation, TPA v. Sarah Norman 03/02/2021
Commission did not err in denying appellants’ request to terminate appellee’s disability award where appellants failed to prove, by a preponderance of the evidence, that appellee was capable of returning to her pre-injury employment
1789192 Arthur Carter v. Commonwealth of Virginia 03/02/2021
No error in appellant’s conviction of petit larceny, subsequent offense, where appellant invited the trial court to enter the deferred disposition at issue, which he now claims to be error
0356203 Haley Harris, Tammy Dawn Dauch and Herbert Dauch, Jr. v. Carroll County Department of Social Sevices 02/23/2021
Summary affirmance – termination of mother’s parental rights to her child affirmed
0830201 Ruyekia Silver v. Norfolk Department of Human Services 02/23/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights and approving the foster care goal of adoption for one of appellant’s children and finding another of appellant’s children was abused or neglected and approving the foster care plan for that child
1169201 Christina Marie Winingham v. Steven Elmore Winingham, II 02/23/2021
Trial court did not err in determining appellant was liable for the mortgage payments on the former marital residence and ordering her to reimburse appellee for payments he made or in denying appellant’s requests for attorney’s fees
0626202 Timothy Cornelius Winfield v. Commonwealth of Virginia 02/16/2021
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty as a principal in the second degree to two counts of robbery given his role as the get-away driver
0756201 Glenn Stuart Smith v. Erica Lynn Smith 02/16/2021
Trial court did not abuse its discretion in fashioning the equitable distribution award, in allocating the marital debt or in ordering appellant to pay a portion of appellee’s attorney’s fees under the facts of this case; record is not sufficient to consider appellant’s arguments regarding the filing of appellant’s answer and counterclaim
0151202 Jesse Christopher Blackmon, Jr. v. Commonwealth of Virginia 02/02/2021
No error in trial court’s finding that evidence was sufficient to establish that appellant willfully disregarded warning signs that his child needed medical care; conviction of child neglect resulting in serious injury affirmed
0843202 Charles Kenny Huff, Jr. v. City of Fredericksburg Department of Social Services 02/02/2021
Trial court did not err in terminating appellant’s parent rights to his child where the evidence proved termination was in the child’s best interest and did not err in denying appellant’s request for an indefinite continuance or in finding the appellee investigated viable possible relative placement options
0990201 Suzanne Shelton v. Norfolk Department of Human Services 02/02/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and did not violate appellant’ constitutional rights when it terminated her parental rights
1211192 Journy Lee Snead v. Commonwealth of Virginia 02/02/2021
Trial court did not err in finding the child witness competent to testify and it did not deny appellant the right to confront a witness against him; appellant did not challenge on appeal the trial court’s alternate holding that the child witness’ statements were admissible as impeachment evidence
1228203 Adrianna Haley Sledd v. Roger Lee Bowman and Tina Underwood Bowman 02/02/2021
Summary affirmance – trial court did not err in granting appellees’ petition for adoption and entering the final order of adoption after finding adoption was in the child’s best interests
0043203 Anthony Andre's Mackey v. Commonwealth of Virginia 01/26/2021
Judgment of trial court affirmed where appellant failed to timely file transcripts necessary for resolution of assignments of error raised on appeal
0796203 Kenneth Reynolds v. Falletta Enterprises, Inc., et al. 01/26/2021
No error in Commission’s finding that appellant did not prove that his injury arose out of his employment
0839202 Christy Lee Payne v. Prince Edward County Department of Social Services 01/26/2021
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove appellant’s children were abused or neglected
0162204 Thomas Khaled Maad v. Commonwealth of Virginia 01/19/2021
No error in finding that evidence was sufficient to prove appellant made a false representation as to a past or existing fact and had the intent to defraud
0512212 County of Chesterfield v. Harry Overton, Jr. 01/16/2021
No error in Commission’s findings that the basis for termination offered in appellant’s application was limited to poor job performance and that appellee was entitled to temporary total disability benefits
0765204 PetSmart, Inc. and Indemnity Insurance Company of North America v. Lori Miles 01/12/2021
Decision of Commission finding that appellants were responsible for paying appellee’s health care providers for services rendered to appellee affirmed
0787202 Mary Ann Saady v. Virginia Employment Commission 01/12/2021
Summary affirmance – decision of trial court denying unemployment benefits to appellant affirmed
0870204 Loudoun County Public Schools and PMA Management Corporation v. Mirian Hernandez 01/12/2021
No error in Commission’s finding that appellee’s disability is causally related to her workplace injury and that appellee adequately marketed her residual work capacity
1962193 Jason Corey O'Neal v. Commonwealth of Virginia 01/12/2021
Trial court did not abuse its discretion in imposing specific probation conditions unrelated to the underlying convictions where it was appropriate for the court to impose specific conditions to protect the public while appellant was not incarcerated; appellant’s First Amendment argument barred by Rule 5A:18
0224204 Dwain Alan Williams, Jr. v. Commonwealth of Virginia 12/29/2020
No error in trial court’s finding that the knife appellant possessed was a “weapon” prohibited from concealment under Code § 18.2-308(A)
0386191 Randor Lee Uzzel, Jr. v. Commonwealth of Virginia 12/29/2020
Trial court did not err in denying appellant’s request to replace his court-appointed attorney or in failing to inquire into a vague, unspecified possibility of conflict presented by his attorney’s role as a prosecutor in appellant’s unrelated conviction twelve years earlier
0678204 Jihad Jay Sibai v. Sterling Jewelers and XL Specialty Insurance Company 12/29/2020
Commission did not err in finding that appellant failed to prove a compensable injury by accident to his left ear, nose, face, and neck, in finding appellant’s seizures were not related to his compensable workplace injury to his head, or in denying appellant temporary total disability benefits for a defined period
0789203 Rachel Emily Jenkins v. Tazwell County Department of Social Services 12/29/2020
No error in trial court’s finding that termination of appellant’s parental rights was in her children’s best interest
0105201 Ryan Swinea, s/k/a Ryan Lance Swinea 12/22/2020
Trial court did not err in finding evidence sufficient to convict appellant of possession of a controlled substance or in refusing to grant appellant first offender status
0228201 Joseph Smith v. Commonwealth of Virginia 12/22/2020
Trial court did not err in denying appellant’s motion to strike the burglary and destruction of property charges where the evidence proved the shed was permanently affixed to realty and the inference of guilt based on recently stolen property also applied to the burglary and destruction of property charges
0427202 Mark Israel Arencibia v. Commonwealth of Virginia 12/22/2020
Trial court did not err in denying appellant’s motion to suppress where the trial court concluded that appellant’s statements to the police were not coerced; no error in trial court’s finding that evidence was sufficient where appellant was actively engaged in distribution at the time he was arrested which corroborated his statements confessing to selling drugs
0557201 Gregory Lynn McMillan v. Commonwealth of Virginia 12/22/2020
Appellant’s conviction of driving after forfeiture of license, third offense in ten years, affirmed where appellant’s failure to comply with Rule 5A:20(e) is significant and Court finds assignment of error is waived
0859203 Teresa Marie Hall v. Commonwealth of Virginia 12/22/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the foster care goal of adoption
1640192 Wendy Church Green v. Commonwealth of Virginia 12/22/2020
Trial court did not err in modifying appellant’s sentence and the terms of her probation where the trial court properly had subject matter jurisdiction and acted in accordance with appellant’s request; as appellant did not object to the ruling in the trial court issue is waived and she may not now take a contradictory position on appeal
0568203 Juan Viera Lazo v. Wholesome Energy, LLC and Accident Fund General Insurance Company 12/15/2020
Commission did not err in denying appellant additional workers’ compensation benefits for injuries sustained in a 2015 injury as the claim for compensation for appellant’s right shoulder injury is barred by Code § 65.2-601
0597204 Sands Cooper v. Advanced Internet Automation, LLC amd Trumbull Insurance Company 12/15/2020
Summary affirmance – decision of the Commission affirmed where appellant failed to comply with Rules 5A:18, 5A:20, and 5A:25 and this Court is without jurisdiction to review appellant’s arguments regarding rulings by the deputy commissioner
0615201 Mary B. Giaquinto, n/k/a Mary B. Lincoln v. Nicholas A, Giaquinto 12/15/2020
Judgment of trial court affirmed where appellant waived any right to appeal pretrial rulings when she agreed to enter into an agreement with appellee that the trial court accepted; argument regarding the trial court’s application of the pretrial order waived under Rule 5A:18
1339192 Terry Lynn Blanding v. Commonwealth of Virginia 12/15/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant was the criminal agent in the arson of the residence; challenge to sufficiency of evidence to prove a burning barred where appellant did not obtain a ruling on the issue in the trial court
1775192 Jamar Rasaan Alford v. Commonwealth of Virginia 12/15/2020
Trial court did not err in denying appellant’s motion to suppress where the totality of the circumstances gave officer reasonable suspicion to detain and question appellant
0451202 Jasmine Walker v. Breyon Pierce 12/08/2020
Judgment of trial court issuing protective order for parties’ child after finding appellant committed an act of family abuse affirmed where trial court had jurisdiction as there was no defect in service on appellant and evidence was sufficient to support the protective order
0452202 Jasmine Walker v. Breyon Pierce 12/08/2020
Judgment of trial court issuing protective order for parties’ child after finding appellant committed an act of family abuse affirmed where trial court had jurisdiction as there was no defect in service on appellant and evidence was sufficient to support the protective order
0682204 Cumberland Hospital and Ace American Insurance Company v. Angela Ross 12/08/2020
No error in Commission’s award of medical benefits pursuant to Code § 65.2-603 to appellee, including around-the-clock home health care to be provided by her husband at the same rate paid to an agency provided by the appellants
1054192 Greg Eugene Minitee, a/k/a Gregory Eugene Minitee v. Commonwealth of Virginia 12/08/2020
Trial court erred in denying appellant’s motion to dismiss on double jeopardy grounds where the trial court abused its discretion in declaring a mistrial over appellant’s objection without detailing its consideration of less drastic alternatives for the record
1704194 Konstantin Sizov v. Natalia V. Sizov 12/08/2020
Judgment of trial court on issues of grounds for divorce, equitable distribution and attorney’s fees affirmed; judgment of trial court on issues of spousal support and child support reversed and remanded to trial court
1867191 Eric L. Turner v. Commonwealth of Virginia 12/08/2020
Trial court did not err in revoking appellant’s suspended sentence after finding appellant violated the conditions of probation based on the testimony of a probation officer who neither supervised nor authored the major violation report
0464203 Ronald Gene Edwards, Jr. v. Commonwealth of Virginia 12/01/2020
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of receiving stolen property where the trial court could infer guilty knowledge from the close proximity in time between the possession of the stolen leaf blower and the date it was stolen
1614191 Christian Lindale Stevenson v. Commonwealth of Virginia 11/24/2020
Trial court did not err in denying appellant’s motion to suppress where appellant was not in custody when he made the statements at the hospital and police officers were not required to provide appellant Miranda warnings before questioning him
1729194 Santique Kanu, Jr. v. Commonwealth of Virginia 11/24/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant had a separate impulse to steal each time he took money and supported three counts of embezzlement
0413204 Sandra S. Warme v. Walter H. Warme, Jr. 11/17/2020
Trial court’s decision on equitable distribution in final decree and accompanying court order acceptable for processing affirmed in part and reversed and remanded in part
0623202 Franchon Tinsley v. Albemarle County Department of Social Services 11/17/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0662203 Tracy A. Irby v. LifePoint Health and Safety National Casualty Corporation 11/17/2020
Commission did not err in vacating the award order due to mistake, deciding appellant’s claim on the merits, and finding appellant did not meet her burden of proof regarding ongoing injury
0677202 Franchon Tinsley v. Albemarle County Department of Social Services 11/17/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1284193 James Clyde Gordon v. Commonwealth of Virginia 11/17/2020
Trial court did not err in denying appellant’s motion to strike the three obstruction of justice convictions where the evidence was sufficient to support each of them; appellant’s failure to proffer the testimony he planned to elicit from the witness precludes this Court from determining whether the trial court erred in sustaining the Commonwealth’s relevance objection
1674192 Braxton Alexander George Francis v. Commonwealth of Virginia 11/17/2020
Trial court did not err in denying appellant’s motion to dismiss based on a double jeopardy violation where the evading and eluding were separate and distinct acts in each county
1921193 Dana Miguel Keith v. Commonwealth of Virginia 11/17/2020
No error in trial court’s findings that appellant possessed the requisite intent to steal the jewelry and cell phone prior to and during the killings and that the evidence was sufficient to convict appellant of two counts of robbery
0475201 Fathima Wilson v. Norfolk Department of Human Services 11/10/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2) and approving the foster care goal of adoption
0516202 Masonite Corporation and Travelers Indemnity Company of America v. Rebecca Dean 11/10/2020
No error in Commission’s finding that appellee’s back and neck injuries were compensable consequences that arose during treatment for her compensable industrial accident rather than original injuries sustained at the time of the compensable industrial accident
1987194 Victor Andres Zelaya v. Commonwealth of Virginia 11/10/2020
No error in trial court’s finding that officer possessed reasonable and articulable suspicion that appellant was armed and dangerous and involved in criminal activity and thus the protective measure taken by the officer was not unreasonable under the Fourth Amendment; evidence sufficient to find appellant guilty of carrying a concealed weapon
2074192 Linda Mena Arreola, s/k/a Linda Mena-Arreola v. Commonwealth of Virginia 11/10/2020
Trial court did not err in denying appellant’s motion to suppress where the officer’s actions in detaining appellant, investigating her suspected criminal conduct, and arresting her for DUI were reasonable intrusions for purposes of Fourth Amendment
0392202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0394202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0395202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0463202 Virginia Hand Center v. Adams Lumber Co., Inc. and Bitco National Insurance Company 11/04/2020
Commission erred in determining the allowable charges for multiple procedures based on the methodology contained in the Medicare Claims Manual where the plain language of Code § 65.2-605 applicable in this case does not provide for application of the Medicare Claims Manual or an automatic 50% payment reduction for multiple procedures
0567202 Nicole M. Johnson v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to her children after finding sufficient evidence to support termination and that termination was in the children’s best interests
0600202 Newman Knight Frank and Zurich American Ins. Co. v. The Estate of Bruce A. Williams, et al. 11/04/2020
No error in Commission’s award of benefits where decedent’s injury both arose out of and in the course of his employment regardless of whether decedent was working or resting before his next shift
0620202 Aqua Leisure Pools, Spas & Patios, Inc., et al. v. Joseph Greene, III 11/04/2020
No error in Commission’s finding that appellee’s post-surgical MRSA infection was casually connected to the compensable work-related injury
0667203 Karen Juetta Roebuck v. Lynchburg Department of Social Services 11/04/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption
1567191 William Henry Thompson v. Commonwealth of Virginia 11/04/2020
The trial court had jurisdiction to modify the orders containing the clerical errors to record accurately the sentences imposed by the trial court
1728194 Deondrea Jerrele McLaurin v. Commonwealth of Virginia 11/04/2020
Trial court erred in finding evidence was sufficient to convict appellant where no evidence established that appellant was in the bedroom when the drugs were present, that he was aware of their presence, or that they were subject to his dominion and control
0070204 Mark Arick Roy v. Kimberly Elizabeth Hynes Roy 10/27/2020
Trial court did not err in determining child support, in equitably dividing the parties’ marital property, or in denying appellant’s motion to reconsider
0116201 Chesapeake Hospital Authority d/b/a, etc. v. State Health Commissioner and Sentara Hospitals 10/27/2020
Trial court did not err in upholding the Commissioner’s decision denying appellant a COPN for the creation of a new open-heart surgery service and additional dedicated cardiac catherization equipment
0183203 Steve Ernest Wade, Jr. v. Amherst County Department of Social Services 10/27/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children and approving the foster care goal of adoption
0190204 Keith Lee Davis v. Rita Corcoran Davis 10/27/2020
Trial court did not err in granting appellee divorce on grounds of cruelty or in allowing appellee to amend the complaint to include a request for spousal support; additional arguments waived for failure to file a transcript of the hearing at issue
0314204 Steven Douglas Moore v. Bridget Monica Moore 10/27/2020
Trial court did not err in fashioning the equitable distribution award or in determining appellant’s income for child support purposes
0315204 Bridget Monica Moore v. Steven Douglas Moore 10/27/2020
Trial court did not err in failing to classify, value, and distribute the marital estate where appellant failed to adduce sufficient evidence for the trial court to perform these functions
0449203 Penske Trucking Company L/P Epes Carriers & Hartford Underwriters Ins. Co. v. Jeroderick Lawson 10/27/2020
No error in Commission’s finding that probable cause did not exist to refer appellants’ hearing application to the docket
0450204 Kelly Roane v. Washington Metropolitan Area Transit Authority 10/27/2020
No error in Commission’s denial of appellant’s claim for permanent partial disability benefits where appellant did not meet her burden of proving permanent total incapacity in both legs as required under Code § 65.2-503(C)
0683204 General Electric and Electric Insurance Company v. Albert King 10/27/2020
No error in Commission’s finding that appellee’s hearing loss was caused by his employment
1678191 Isadore Miracle Humphrey, II v. Commonwealth of Virginia 10/27/2020
No error in trial court’s finding that evidence was sufficient to prove appellant acted as principal in the second degree to attempted robbery, malicious wounding, and use of a firearm in commission of a felony; appellant’s argument regarding sufficiency of evidence to prove conspiracy precluded by Rule 5A:12
0318194 Darrin Mark Robertson v. Commonwealth of Virginia 10/20/2020
Trial court did not err in revoking appellant’s suspended sentence after finding appellant in violation of the terms of his probation; appellant’s constitutional arguments are procedurally defaulted for failure to assign error to an actual ruling of the trial court
1039194 Ashley Nicole Sullivan v. Commonwealth of Virginia 10/20/2020
Trial court did not err in denying appellant’s request for a deferred disposition where the request was not made until two months after appellant was found guilty and a judgment of guilt had been entered in a conviction order; trial court did not err in denying appellant’s motion to withdraw her guilty plea where appellant expressly agreed to waive her right to withdraw the plea
1094194 Jude Joseph David Lovchik v. Commonwealth of Virginia 10/20/2020
Trial court did not err in denying appellant’s motion to suppress where appellant had no objectively reasonable expectation of privacy in his DNA identification profile as developed from DNA found on objects he had abandoned
1299191 Lennis L. McNair, Jr. v. Commonwealth of Virginia 10/20/2020
No error in trial court’s finding that evidence was sufficient to prove appellant stabbed and cut the victim out of anger after gaining possession of the knife and proved the victim’s wounds were the result of an intentional action
0323204 John Chris Kiriakou v. Heather Katherine Kiriakou 10/13/2020
Trial court’s decision on child custody, visitation, and award of attorney’s fees to appellee affirmed; trial court’s decision requiring appellant to initiate revocation of the children’s Greek citizenship and produce related documentation revered where that relief was never requested by appellee in her pleadings
0379203 Securitas Security Services USA, Inc. & Indemnity Ins. Co. of North America v. Carolyn E. Gersch 10/13/2020
No error in Commission’s finding that appellee was entitled to temporary total disability benefits after July 24, 2019
0818192 Mary Virginia Bruce Scott v. Thomas Aldom Scott 10/13/2020
Judgment of trial court directing appellant to pay appellee additional money to satisfy the equitable distribution terms of the final decree of divorce and denying appellant’s request for an award of attorney’s fees and costs affirmed
0861192 Thomas Aldom Scott v. Mary Virginia Bruce Scott 10/13/2020
Judgment of trial court denying appellant’s request for a discretionary award of attorney’s fees and costs affirmed; appellant’s argument he had a contractual right to recover attorney’s fees barred by Rule 5A:18
1168191 John Homer Oneal, IV v. Commonwealth of Virginia 10/13/2020
Judgment of trial court affirmed where appellant’s argument that trial court erred by denying his motion to strike where the Commonwealth failed to exclude the reasonable hypothesis that he acted in self-defense barred by Rule 5A:18
0244201 Ashley Nicole Witcher v. City of Newport News Department of Human Services 10/06/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0327204 Daniel Johnston v. ECHL Personnel Management of New Jersey and Great Divide Insurance Company 10/06/2020
No error in Commission’s calculation of appellant’s average weekly wage or its finding that appellant failed to adequately market his residual earning capacity; argument of whether deputy commissioner erred in denying benefits based on the finding that benefits were barred by Code § 65.2-502 is not reviewable by this Court
0476202 William Richard Allen, Jr. v. Prince Edward County Department of Social Services 10/06/2020
No error in trial court’s finding that it was in children’s best interests to terminate appellant’s parental rights
1421192 Antonio Alexander Jefferson v. Commonwealth of Virginia 10/06/2020
Trial court erred in denying appellant’s motion to suppress after failing to apply the exclusionary rule where the officer’s mistaken belief that Code § 46.2-804 prohibited a lane change over a solid white line was not reasonable as the statute did not prohibit such lane change
2064194 Jennifer A. Wellock v. Department of Historic Resources 10/06/2020
Judgment of trial court affirmed where Court is unable to review assignment of error raised on appeal as appellant did not file a transcript or written statement of facts of the trial court hearing
0001202 Stephon Tazewell Woodbury v. Commonwealth of Virginia 09/29/2020
Trial court’s denial of appellant’s motion to strike on identity of appellant as the perpetrator of the murder offense affirmed; appellant’s arguments regarding sufficiency of evidence to establish his identity as perpetrator of the malicious wounding and use of a firearm in the commission of a felony offenses barred by Rule 5A:18
0171203 Cynthia Khadi v. Wythe County Department of Social Services 09/29/2020
No error in trial court’s finding the foster care goal of adoption was in the child’s best interests
0174203 Akshay Khadi v. Wythe County Department of Social Services 09/29/2020
No error in trial court’s finding that termination of appellant’s parental rights under Code § 16.1 283(C)(2) was in the child’s best interest
0349203 James Beebe and June Beebe v. Harrisonburg Rockingham Social Services District 09/29/2020
Trial court did not err in finding that it was in the child’s best interests to deny appellants’ petitions for custody and visitation; Court will not consider appellants’ argument that trial court erred in terminating their daughter’s parental rights to the child as they lack standing
1242192 Stephon Tazewell Benniefield, s/k/a Stephon Tazwell Benniefield v. Commonwealth of Virginia 09/29/2020
Trial court did not err in denying appellant’s motion to strike the Commonwealth’s evidence of identity of appellant as the perpetrator of each offense and submit the case to the jury on the issue of identity
2077192 Jennifer Lynn Spicer v. Cumberland County Department of Social Services 09/22/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child after finding the Department made reasonable and appropriate efforts and it was in the child’s best interest
0291203 Carrie Pilenza v. Nelson County Department of Social Services 09/08/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i) and finding that termination of her parental rights was in child’s best interests
1102194 Guy R. Joubert v. Courtney R. Herbert 09/01/2020
Judgment of trial court regarding child custody and other issues affirmed in part, reversed in part, and remanded to trial court for further proceedings
1559193 Latoya Nicole Carter v. Commonwealth of Virginia 08/18/2020
Judgment of trial court affirmed as one assignment of error failed to challenge an actual ruling of the trial court and as the evidence was sufficient to support the conviction
0236203 Kaylyn Moore v. Harrisonburg-Rockingham Social Services District 08/11/2020
Summary affirmance – no error in trial court’s finding that the children were abused or neglected and that it in the best interests of the children to transfer custody to the children’s aunt
1444193 Anthony Wayne Easterling, s/k/a Anthony Wayne Easterling, Jr. v. Commonwealth of Virginia 08/04/2020
No error in trial court’s finding that appellant had knowledge of the firearm under the driver’s seat he was sitting in and that he possessed that firearm
0929194 Andrew Alfred Benthall v. Commonwealth of Virginia 07/28/2020
Judgment of trial court affirmed where appellant may not successfully challenge Code § 18.2 194 as it did not affect the jury’s verdict; appellant’s challenge of the sufficiency of the evidence fails where appellant did not argue both theories of the offenses on which the jury was instructed
0982193 Mark William Breznick v. Commonwealth of Virginia 07/28/2020
Appellant’s arguments on appeal regarding whether the trial court lacked jurisdiction to adjudicate his appeal from general district court and whether the trial court erred in imposing the jury’s sentence because the Commonwealth had previously waived jail time barred by Rule 5A:18
1197193 Richard Amos Taylor v. Commonwealth of Virginia 07/28/2020
Trial court did not err in finding the “introduction into commerce” exception in Code § 18.2 247(B) did not apply where appellant failed to introduce any evidence of when any substance, imitation or illegal, was introduced into commerce
1466194 Norman M. Achin v. Sandra I. Ochoa 07/28/2020
Judgment of trial court awarding appellee sole legal and primary physical custody of the parties’ child and limiting appellant’s visitation with the child to two two-hour supervised visits per month affirmed
1620194 Julian Morrison v. Jaci Morrison 07/28/2020
No error in trial court’s award, in the final decree, regarding monthly spousal and child support to appellee or in the provision requiring appellant to maintain an existing life insurance policy
2024194 Sylvia D. Ross v. Donald M. Ross 07/28/2020
No error in trial court’s determination of the duration and amount of spousal support to appellant, in its denial of appellant’s motion for an alternate valuation date for the parties’ joint bank accounts, or in its calculation of the marital portion a specific account
0123202 Leonidas Dorestal, Jr. v. City of Fredericksburg Department of Social Services 07/21/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(2)
0213202 Northern Virginia Community College/Commonwealth of Virginia v. Jayanthi Easwarachandran 07/21/2020
No error in Commission’s finding that appellant did not simultaneously reinstate appellee’s leave used during the period of disability and must now pay the dollar amount of the leave used by appellee
0431202 J.L. Edwards Enterprises, LLC, et al. v. Roberto Gamez-Mayen, et al. 07/21/2020
Summary affirmance – no error in Commission’s finding that the claimant suffered a compensable injury by accident arising out of and in the course of his employment; argument whether appellants were claimant’s statutory employer waived under Rule 5A:20(e)
1044192 Antonio Jermaine Spencer v. Commonwealth of Virginia 07/21/2020
Judgment of trial court affirmed where appellant failed to preserve his Fourth Amendment arguments for appellate review
1436184 Kevin Miles Lydon v. Commonwealth of Virginia 07/21/2020
Trial court did not err in denying appellant’s motions to strike or to dismiss the charge of abduction with intent to defile where the evidence proved restraint of the victim that was not inherent in or incidental to the charges of aggravated sexual battery
1631194 Gregory Lee Wallace, s/k/a Gregory Lee Wallace, Jr. v. Commonwealth of Virginia 07/21/2020
Judgment of trial court revoking appellant’s sentence and imposing the remainder of the original sentence affirmed; appellant’s argument that trial court was required to award him credit against his sentence for time spent in jail on unrelated charges barred by Rule 5A:18
1666193 Erin Marie Coster Evans v. James August Evans, Jr. 07/21/2020
No error in trial court’s finding it lacked in personam jurisdiction over appellee at the time the divorce decree was entered and therefore did not have the authority to order appellee to pay child support at the time the decree was entered
1675191 Corey Deshawn Clemons v. Commonwealth of Virginia 07/21/2020
Trial court did not abuse its discretion in conditioning the resuspension of part of appellant’s sentences on the sentences running consecutively with all other sentences
0076201 Neurosurgical Specialists, Inc. v. Huntington Ingalls, Incorpoarted and York Risk Services Group 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
0296204 Wade M. Butts v. Christine A. Butts 07/14/2020
Trial court did not abuse its discretion in denying appellant’s motion to terminate spousal support after finding appellant did not prove termination was warranted
0554191 Richard Allen Brown v. Commonwealth of Virginia 07/14/2020
No reversible error by trial court in the introduction into evidence of appellant’s prior conviction where it did not influence the trial court in its decision
1990191 Steve Ray Divino v. Uninsured Employer's Fund, et al. 07/14/2020
Decision of Commission finding that appellant’s employer was not subject to the Act affirmed where appellant’s argument not preserved for appeal; no error in its finding that none of the alleged employers were liable for appellant’s injuries
1994193 Valerie Baldwin v. Harrisonburg Rockingham Social Services District 07/14/2020
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to make reasonable changes to allow return of the child and found there were no suitable relative placements
2028194 Timothy J. Emerick v. Carlie M. Emerick 07/14/2020
Trial court erred in including $800 per month in child-care expenses in a child support award where that expense was not incurred by appellee
2036191 HealthSmart Casualty Claims Solutions and Uninsured Employer's Fund v. Steve Ray Divino, et al. 07/14/2020
No error in Commission’s finding that none of the claimant’s alleged employers were liable for his injuries under the Act
0605194 Travis Sentell Singleton v. Commonwealth of Virginia 07/07/2020
Trial court’s revocation of appellant’s suspended sentences affirmed where court did not err in admitting field test results and evidence was sufficient to show that appellant violated the good behavior condition of the suspended sentences
0966194 Charles Allen Moffett v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as appellant waived his challenge to the admission of evidence of prior bad acts
1494192 Michael Anthony Patton, Jr. v. Commonwealth of Virginia 07/07/2020
No error in trial court’s findings that appellant was aware of the presence of cocaine and exercised dominion and control over it and that appellant had the intent to distribute the cocaine
1605181 John James Aggar v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as, based on the totality of the circumstances, the introduction of prior convictions did not influence the trial court and, thus, any error was harmless
2009192 Cavin Johan Jones v. Heidi Marlane Jones 07/07/2020
Judgment of trial court regarding its denial of appellant’s motion for reduction of spousal support affirmed
0159203 Jonathan Rae Huguley, Jr. v. Dawn Phoenix 06/30/2020
Summary affirmance – trial court did not err in finding that adoption was in the child’s best interests and that appellant withheld his consent to the adoption contrary to the child’s best interests
0412202 Loudoun Composting, LLC and Selective Ins. Co. of SC v. Jorge A. Hernandez 06/30/2020
Summary affirmance – Commission did not err in determining that employer failed to meet its burden to prove willful misconduct or violation of a safety rule
1247194 Michelina Bonanno v. James LeRoy Quinn, II 06/30/2020
Appeal dismissed because appellant was not a party to the adoption and has no standing to appeal the final order of adoption
1401194 George King v. DTH Contract Services, Inc. and American Select Ins. Co. 06/30/2020
Commission did not err in denying appellant’s application for benefits as the evidence did not establish that his injury arose out of his employment
2032194 Michelina Bonanno v. James LeRoy Quinn, II 06/30/2020
Appeal dismissed because appellant was not a party to the adoption and has no standing to appeal the final order of adoption
0679192 Mekyle Purnell, s/k/a Mekyle Dominique Powell v. Commonwealth of Virginia 06/23/2020
Trial court did not err in denying appellant’s motion to strike one of the potential jurors for cause
1882194 Syed Hyat v. Afshan Hina 06/23/2020
Trial court did not abuse its discretion in awarding spousal support to appellee for an undefined duration
2093193 John William Shiflet v. Bradley Melson and Amanda Melson 06/23/2020
No error in trial court’s finding that adoption of the child was in the child’s best interests
2029192 Farrish of Farifax and Vada Group Self-Insurance Association v. Mark Faszcza 06/16/2020
No error in Commission’s award of benefits to appellee where the evidence proved appellee proved a compensable injury by accident arising out of and in the course of his employment and suffered a compensable consequence of that injury
0187201 Commonwealth of Virginia v. Reginald Lee Jordan, Jr. 06/09/2020
Trial court did not err in dismissing the indictment as a violation of double jeopardy where it correctly concluded that the mistrial was not a manifest necessity
0188201 Commonwealth of Virginia v. Reginald Lee Jordan, Jr. 06/09/2020
Trial court did not err in dismissing the indictment as a violation of double jeopardy where it correctly concluded that the mistrial was not a manifest necessity
0707193 Amber Lee Bower v. Commonwealth of Virginia 06/09/2020
No error in trial court’s finding evidence was sufficient to prove appellant had the intent to distribute the methamphetamine she possessed
1694193 Ashley Craig Karnes v. Campbell County Department of Social Services 06/09/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1859193 Kristen Lindsay Pruitt v. Kayla Nicole Williams 06/09/2020
No error in trial court’s finding that the adoption of the children by appellee was in their best interests and that appellant withheld her consent to the adoption contrary to the children’s best interests
0811192 Al Martino Williams v. Commonwealth of Virginia 06/02/2020
Trial court did not err in denying appellant’s motion to suppress evidence found as a result of a search of appellant’s residence where the Commonwealth’s evidence was sufficient to prove law enforcement did not exceed the limit of searches allowed per year under appellant’s prior plea agreement when they searched appellant’s residence
1151192 Marvin Seay Jones v. Commonwealth of Virginia 06/02/2020
Trial court did not err in allowing the Commonwealth to amend the indictment from carnal knowledge to indecent custodial liberties with a child where the amendment did not change the nature or character of the offense charged or in denying appellant’s motion to strike the evidence where the victim’s testimony was not inherently incredible
1581194 Renzo Torchiani v. Suzanne Senske 06/02/2020
Trial court did not err in ordering a rule to show cause for failure to pay court-ordered fees where appellant withdrew his appeal from juvenile court without making the court-ordered payments to appellee
2004194 Ana Marie Santa Maria Arebalo v. Adolfo Mejia Melendez 06/02/2020
Trial court did not err in granting appellee’s motion to strike and dismissing appellant’s complaint for annulment based on the lack of corroborating evidence as a party’s own testimony is not sufficient corroboration; Court cannot review the ruling on the admissibility of the foreign documents as they were not included in the record on appeal
0604192 Shana Contrell Cleaton v. Commonwealth of Virginia 05/26/2020
Trial court erred in finding evidence was sufficient to establish that appellant caused property damage in excess of $1,000; felony hit and run conviction reversed and matter remanded to trial court for retrial on the lesser-included offense
1270191 Samuel Leon Burgess v. Commonwealth of Virginia 05/26/2020
Conviction of felony failure to appear affirmed where appellant’s argument that he did not receive notice of the trial date, even if accurate, fails to establish that the evidence was insufficient to prove willfulness
1840194 John R. Tyler, Jr. v. Culpeper County Department of Social Services 05/26/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of adoption/relative placement
1018193 Lynchburg Department of Social Services v. Channel Boxley 05/19/2020
No reversible error in trial court’s decision granting appellee’s motion to strike appellant’s evidence
1250193 Jeffrey M. Langford v. Dish Network and Indemnity Insurance Company of North America 05/19/2020
No error in Commission’s finding that appellant’s accident did not arise out of or in the course of his employment where the area appellant parked was not a part of the extended premises of his employer
1313194 Fialka Ward v. John Lee Ward 05/19/2020
Appellant’s arguments raised on appeal barred by Rule 5A:18 where she raises them for the first time on appeal
1560193 Lynchburg Department of Social Services v. Channel Boxley 05/19/2020
No reversible error in trial court’s decision granting appellee’s motion to strike appellant’s evidence
1813194 Vinay Pendli v. Sudheera Gajula 05/19/2020
Trial court did not err in its equitable distribution award of the parties’ property
1821192 Erick Smith, a/k/a Ra'Son Nasir v. Chesterfield-Colonial Heights Department of Social Services 05/19/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(B)
1833192 Kathryn Koch v. Chesterfield-Colonial Heights Department of Social Services 05/19/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B)
0526192 Jonathan Julian Vejarano v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to set aside the verdicts where the Commonwealth did not violate Brady because it elicited the testimony appellant says was withheld in time for use at trial; there was no Napue violation because the witness did not commit perjury
0838191 Johnnie Matthew Chapman v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to withdraw his no contest pleas where the evidence supports the finding that appellant knowingly and intelligently entered into a valid contract and acted in bad faith in moving to withdraw his pleas
0844194 Robert Lee Smallwood v. Commonwealth of Virginia 05/12/2020
Trial court did not abuse its discretion in adjudicating appellant’s guilt as set forth in Code § 18.2-251 when appellant failed to pay court costs as required by Code § 19.2-303.4
1016184 David Knott v. Commonwealth of Virginia 05/12/2020
Appellant’s conviction reversed and remanded where trial court erred in applying the wrong legal standard to determine whether the evidence was sufficient to convict appellant of felony destruction of property
1161191 Rashad Demond Holmes v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to suppress evidence recovered as a result of a pat-down search where the objective facts and circumstances created a reasonable suspicion that appellant was armed and dangerous
0723194 Christopher Louis Smith v. Commonwealth of Virginia 05/05/2020
No error in trial court’s finding that evidence proved appellant knowingly and intentionally possessed the firearm found by police in his hotel room
0930191 Joseph Edward Hobbs v. Commonwealth of Virginia 05/05/2020
No error in trial court’s interpretation of the 2013 plea agreement to allow the Commonwealth to seek prospective probation violations as a result of appellant’s 2013 convictions; appellant’s argument regarding his sentence barred by Rule 5A:18
1010192 Kristopher Quishon Davis v. Commonwealth of Virginia 05/05/2020
Trial court did not err in denying appellant’s motion to strike the evidence after concluding that the Commonwealth had adduced sufficient evidence, if believed by the jury, to prove appellant was the perpetrator of the burglary and larceny
1148194 Leslie Emmett Anderson v. Lea Cardoso Anderson 05/05/2020
Appellant’s arguments regarding the written statement of facts and the trial court’s classification of certain property as the separate property of appellee barred by Rule 5A:18; trial court did not err in finding handwritten documents did not represent a marital agreement between the parties and that neither party owned any real property in Brazil
1599192 Alice Shaquita Thompson v. Richmond Department of Social Services 05/05/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding termination of those rights was in the children’s best interests
1683193 BWX Technologies and Ace American Insurance Co. v. David W. Ashby 05/05/2020
Appeal dismissed where the Court, after finding appellee was not entitled to benefits, need not address whether he justifiably refused selective employment
1735193 David W. Ashby v. BWX Technologies and Ace American Insurance Co. 05/05/2020
Commission did not err in denying appellant’s claim for temporary partial disability benefits where appellant presented no evidence he marketed his residual capacity
1815192 City of Charlottesville v. William Sclafani 05/05/2020
No error in Commission’s finding that appellee’s injury during the post-lunch training session was sufficiently precise to establish a compensable injury
2017192 Julius Edward Hughes v. Richmond Department of Social Services 05/05/2020
Summary affirmance – trial court did not err in dismissing the maternal aunt’s petition for custody of appellant’s children after terminating his parental rights and approving the foster care goal of adoption
2089193 Malcolm Jason Monroe v. Jennifer Wood Monroe, n/k/a Jennifer Wood Lee 05/05/2020
Trial court did not err in not recusing itself where appellant did not prove the trial court was prejudiced or biased; trial court did not err in classifying the property and debt and ordering appellant to pay a portion of the marital debt or in awarding attorney’s fees to appellee
0297193 Brandon Servais v. Commonwealth of Virginia 04/28/2020
Trial court did not err in convicting and punishing appellant separately for possession of child pornography and production of child pornography where they are not the “same offense” for double jeopardy purposes
0365193 Lukas Charles Fultz v. Commonwealth of Virginia 04/28/2020
Trial court did not err in denying appellant’s motion to suppress where there was no unlawful trespass or search that violated appellant’s Fourth Amendment rights
0597194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Judgment of trial court affirmed
0747194 Hassan Sultan v. Nosheen Malik 04/28/2020
Trial court did not abuse its discretion in valuing the appellant’s business, in relying on appellee’s expert witness, or in using the hearing date as the valuation date for the parties’ assets
0817194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Appeal transferred to Supreme Court of Virginia as this Court lacks jurisdiction to review issues raised on appeal
0938193 Steven Wayne Glenn, Sr. v. Commonwealth of Virginia 04/28/2020
Trial court did not err in denying appellant proffered instruction on the defense of accident where the instruction did not properly state the law applicable under the facts of this case and would have confused the jury as it contradicted another instruction given to the jury
1057194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Judgment of trial court affirmed
1375184 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Appeal transferred to Supreme Court of Virginia as this Court lacks subject matter jurisdiction
1799192 Commonwealth of Virginia v. Tyron J. Johnson 04/28/2020
Trial court did not err in granting appellee’s motion to suppress evidence recovered where appellee was seized without probable cause that a crime was afoot
1957194 Commonwealth of Virginia v. Brian Daniel Delcid 04/28/2020
Trial court did not err in granting appellee’s motion to suppress statements appellee made to the police after concluding appellee was misinformed about his rights and that his purported waiver was invalid
0301192 Taiveon Antionio Tucker v. Commonwealth of Virginia 04/21/2020
No error in trial court’s finding that evidence was sufficient to prove appellant committed robbery; trial court did not err in denying appellant’s motion to quash a subsequent indictment for first-degree murder charged under the same statute and arising from the same facts where appellant had a preliminary hearing in the juvenile court for second-degree murder
0713191 Maria Isabel Astudillo v. Commonwealth of Virginia 04/21/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant’s conduct showed a reckless disregard for human life and was willful as required by Code § 18.2 371.1(B)(1)
1285183 Benjamin David Chastang v. Commonwealth of Virginia 04/21/2020
Trial court did not err in refusing to strike the abduction and use of a firearm in the commission of abduction charges where appellant’s actions were not inherent in the underlying robbery and were sufficient to constitute independent abductions
1481192 Alaida L. Jones v. Chesterfield County Public Schools and Chesterfield County School Board 04/21/2020
Summary affirmance – appellant’s arguments deemed waived for her failure to comply with Rule 5A:20(c) and (e)
1610194 Janet Ramallo v. Fairfax County and Fairfax County Board of Supervisors 04/21/2020
Commission did not err in declining to award appellant permanent total disability benefits where appellant did not meet her burden of proving that she was unable to use her limbs to any substantial degree in any gainful employment
1664193 Shelby Marie Finley v. Radford City Department of Social Services 04/21/2020
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1985184 Michelle Rahbar, f/k/a Michelle A. Clark v. Andrew F. Clark 04/21/2020
Summary affirmance – trial court did not abuse its discretion in denying her request for a continuance and appellant received the process due to her
0853191 Lindsey Wilcox v. Commonwealth of Virginia 04/14/2020
No error in trial court’s finding that evidence was sufficient to prove appellant was aware that the checks were forged, that the checks were fraudulently cashed, and that appellant took overt acts in furtherance of committing the crimes
0943192 Jerome Myers, II v. Janetta Katrece Myers 04/14/2020
Trial court erred in including spousal support payments appellee never received as income in calculating retroactive child support; remainder of decree affirmed
1507191 Food Lion, LLC and Delhaize America, LLC v. Joyce Toehlke 04/14/2020
Commission did not err in awarding continuing total temporary disability benefits to appellee where evidence proved that she provided timely notice to appellants, that the accident caused appellee’s injury, and that the doctor opined that appellee was likely to suffer a level of permanent disability
1679181 Billy Everett, s/k/a Billy Wilson Everett v. Commonwealth of Virginia 04/14/2020
No error in appellant’s conviction of defilement of a dead body where the meaning of “defile” in Code § 18.2-126(B) is not limited to sexual molestation and includes any action that dishonors or desecrates a corpse by treating it in an offensive manner and appellant’s disposal of the victim’s body constituted defilement
1720191 Commonwealth of Virginia v. Miquel Sirmir Johnston 04/14/2020
Trial court did not abuse its discretion in setting a $10,000 pre-trial bond for appellee
1972181 Rondever Williams, s/k/a Rondever Geovagia Williams v. Commonwealth of Virginia 04/14/2020
Trial court erred in denying appellant’s motion to suppress where the officers lacked a reasonable, articulable suspicion to conduct a successive traffic stop of the vehicle as the stop followed an initial stop-and-frisk that discovered no contraband and the only new information was an unreliable bare accusation levied by an individual being arrested
0426191 Rakale Jones, s/k/a Rakale L. Jones v. Commonwealth of Virginia 04/07/2020
No error in appellant’s convictions of carjacking, conspiracy to commit robbery, and use of a firearm in commission of a felony where victim’s identification of appellant as a perpetrator was sufficient to establish appellant’s criminal agency
1109191 Robert Lee Palmer v. Commonwealth of Virginia 04/07/2020
Trial court did not abuse its discretion in denying appellant’s motion for a nunc pro tunc order to amend a prior sentencing order pursuant to Code § 8.01-428(B) where appellant failed to show that the code section granted the trial court authority to reconsider the 2003 sentencing order more than twenty-one days after entry of that order
1137194 Shelly Marie Smith, n/k/a Shelly S. Davis v. William Robert Smith, III 04/07/2020
Trial court did not err in ordering appellant to pay appellee restitution for spousal support payments made after the date of her remarriage where appellant failed to fulfill her affirmative duty to notify appellee of her remarriage as soon as it occurred under the terms of the parties’ settlement agreement
1275182 Curtis Lee Stevens v. Commonwealth of Virginia 04/07/2020
Trial court did not abuse its discretion in refusing to strike two jurors for cause where the record demonstrated that both jurors indicated they could lay aside their preconceived notions
1147194 Dougals Woloshin v. Lillian Woloshin 03/31/2020
No error in that part of judgment holding appellant shall pay to appellee one-half of marital share of full retirement benefit payments earned by appellant; error in that part of judgment regarding apportionment, taxation, and payment of retirement benefit payments
1189194 Nina T. Daniel v. Selden L. Daniel 03/31/2020
Trial court did not err in granting motion in limine ordering appellant could not present any evidence, in finding appellee traced a separate property contribution into the marital home, in imputing income to appellant, and in awarding attorney’s fees to appellee
1262194 Rolf Pemberton v. Kathryn Mallek 03/31/2020
Trial court did not err in denying appellant’s motion to enforce visitation and appoint a reunification therapist, in granting appellee’s motion in limine excluding testimony, and in awarding appellee attorney’s fees
1315191 City of Newport News v. Peninsula Neurosurgical Associates, Inc. 03/31/2020
Commission did not abuse its discretion in not applying the doctrine of laches where it found a lack of necessary prejudice; merits of argument regarding exclusion of evidence not addressed where appellant did not ask the Commission to rule on that evidentiary issue and review of decisions of a deputy commissioner are not in this Court’s appellate jurisdiction
1382191 Peninsula Neurosurgical Associates, Inc. v. City of Newport News 03/31/2020
Commission did not err in declining to award attorney’s fees to appellant where the appellee’s defense of laches, while unsuccessful, was not unreasonable
1632194 Sylvia Martin v. Virginia Beach Public Schools and Corvel Corporation 03/31/2020
No error in Commission’s finding that appellant failed to prove that her injuries arose out of a risk of her employment
1927192 Kathie Choinski v. Virginia State University/Commonwealth of Virginia 03/31/2020
Summary affirmance – no error in Commission’s finding that appellant failed to prove by a preponderance of the evidence that her injuries arose out of her employment
0384194 Neelab Hashimi Ahmadzi v. Commonwealth of Virginia 03/24/2020
Trial court erred in finding evidence sufficient to support conviction of extortion where the victim voluntarily agree to pay appellant and willingly opened his wallet to pay her before appellant made any threat or accusation
0969194 Wanda Cooper v. Ronald Mack Cooper 03/24/2020
No error in parties’ final decree of divorce where appellant’s actions and words manifested her intention to enter in the agreement, forgo a trial, and end the litigation
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 03/24/2020
Upon Rehearing En Banc – judgment of trial court affirmed for reasons set forth in the panel opinion
1965184 Srijaya K. Reddy v. Neil J. Adler 03/24/2020
No error in trial court’s interpretation of parties’ pre-marital agreement regarding the marital residence and the marital debt
0034193 Carrie Pilenza v. Nelson County Department of Social Services 03/17/2020
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to substantially remedy the circumstances resulting in the child being abused and neglected
1157194 Michael F. O'Connor v. Stephanie Shae, f/k/a Stephanie Shea O'Connor 03/17/2020
Decision of trial court finding there had not been a material change in circumstances warranting a reduction in appellant’s spousal support obligation affirmed; decision of trial court awarding attorney’s fees to appellee without the required balancing reversed and remanded to trial court
1501191 Jennifer Walker v. City of Virginia Beach Department of Human Services 03/17/2020
Summary affirmance – appellant’s argument on appeal that the trial court erred by finding the evidence sufficient to issue the child protective order that supervised visitation was appropriate waived for failure to timely file the transcript from the circuit court hearing
1656194 Dixie Construction Co. Inc. and Hartford Underwriters Ins. Co. v. Timothy Stokes 03/17/2020
No error in Commission’s award of benefits to appellee where appellee proved a compensable injury by accident arising out of his employment and appellee marketed his residual capacity in light of his education, experience, and work restrictions
0373191 Ronald Lee Green v. Commonwealth of Virginia 03/10/2020
Trial court did not err in allowing the Commonwealth to cross-examine appellant about his prior offenses during the sentencing phase of his trial to rebut his testimony introducing evidence of his good character
1115191 Parker Mizelle v. Holiday Ice, Inc. and Graphic Arts Mutual Insurance Company 03/10/2020
No error in Commission’s finding that appellant willfully failed to wear a seat belt and that appellant’s willful misconduct barred him from receiving an award of benefits
1252193 James Madison University/Commonwealth of Virginia v. Irma D. Housden 03/10/2020
No error in Commission’s award of benefits to appellee where she proved her spider bite injury arose out of her employment
1346193 David Wayne Minnick v. Tamela Laura Minnick 03/10/2020
Summary affirmance – no error in the final decree of divorce regarding appellee’s retirement account, grounds for divorce, equitable distribution, and attorney’s fees
1572193 Brandon Scott Lambert v. Harrisonburg/Rockingham Social Services District 03/10/2020
Trial court did not err in granting the child protective order against appellant
0160192 Christopher Lee Hammock v. Halifax County Department of Social Services 03/03/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of relative placement/adoption
0161192 Christopher Lee Hammock v. Halifax County Department of Social Services 03/03/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of relative placement/adoption
0647194 Jeffrey Paul Riddel v. Commonwealth of Virginia 03/03/2020
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant failed to raise in the trial court the argument he raises on appeal
0668184 Torre Lamar Middleton v. Commonwealth of Virginia 03/03/2020
Trial court did not err in refusing appellant’s proposed instruction on entrapment where the evidence established that the idea for appellant to sell drugs originated with appellant and not the detectives
0728194 Dustin Aubrey Gram v. Commonwealth of Virginia 03/03/2020
No error in trial court’s finding that appellant did not act in self-defense and that evidence was sufficient to prove appellant unlawfully wounded his brothers
1415193 Virginia Department of Corrections v. Whitney Montgomery 03/03/2020
Decision of trial court reversing agency decision terminating appellee is reversed and decision of agency is reinstated
1515193 Commonwealth of Virginia v. Damian Ryan Eutsler 03/03/2020
No error in trial court’s finding that appellee did not abandon the hard drive; trial court erred in finding that the delay in seeking a search warrant converted the lawful acquisition of the hard drive to an unreasonable seizure
0907193 Perparim Rexha v. Harrisonburg City Public Schools and Sedgwick Claims Management Service 02/25/2020
Summary affirmance – no error in Commission’s findings that appellant did not establish a change in condition and that appellant did not adequately market his residual work capacity
1030194 Farah Khakee, f/k/a Farah Rodenberger v. David Wayne Rodenberger 02/25/2020
Judgment of trial court excluding text messages as hearsay when appellant did not provide an explanation how the double hearsay satisfied an exception to hearsay rule and modifying custody of the parties’ children affirmed; appellant’s other assignments of error waived for failure to properly brief them and her failure to present them to the trial court
1075193 Chad Lam, Vicky Lam, Bruce Lam and Sharon Lam v. Harrisonburg Rockingham Social Services District 02/25/2020
As the record on appeal does not contain a transcript necessary to review of the issue raised on appeal, judgment of trial court affirmed
1198194 Abel Asgedom v. Airport Terminal Services, Inc. and Sentry Casualty Co. 02/25/2020
Commission did not err in terminating appellant’s temporary total disability benefits where it found appellant could return to his pre-injury employment or in finding the requested diagnostic studies are not causally connected to the compensable injury
1417181 Crystal Estelle Baker v. Commonwealth of Virginia 02/25/2020
Trial court erred in denying appellant’s motion to suppress evidence recovered during a warrantless search of the vehicle appellant was driving
1316184 James Carroll Durrette v. Commonwealth of Virginia 02/18/2020
Judgments of trial court affirmed where the arguments raised in the trial court addressed modus operandi rather than the common scheme argument appellant raises on appeal and the two concepts are not the same
1438192 Commonwealth of Virginia v. Nathaniel Lamont Brock 02/18/2020
Trial court erred in dismissing the charges against appellee on double jeopardy grounds where the appellee waived his double jeopardy objection and the second prosecution did not violate appellee’s constitutional protections against double jeopardy
1591184 Jerode Demetrius Johnson v. Commonwealth of Virginia 02/18/2020
Trial court did not err in denying appellant’s motion to suppress his statements to the police at the scene of the accident and later at the hospital or the results of the blood drawn at the hospital after he was informed of the implied consent law
0074193 Timothy M. Barrett v. Commonwealth of Virginia, et al. 02/11/2020
No error in trial court’s 2018 order modifying appellant’s child support obligation upon remand from this Court
0201193 Marshall Sylvan Silver, Jr. v. Commonwealth of Virginia 02/11/2020
Any error by trial court to instruct jury on voluntary manslaughter harmless where the jury could not have found reasonable provocation because it found premeditation when it convicted appellant of first-degree instead of the lesser-included offense of second-degree murder on which it was instructed
0803192 Angela Darr v. Spotsylvania County Department of Social Services 02/11/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(2) and finding that termination was in children’s best interests
1446183 Sean Denzel Guerrant v. Commonwealth of Virginia 02/11/2020
Trial court did not err in finding evidence was sufficient to prove appellant possessed the firearm and the ammunition in the firearm and that the ammunition met the statutory definition of ammunition; trial court erred in convicting appellant of possession of a firearm by a violent felon and possession of ammunition by a felon
1654181 Shelton Givens v. Commonwealth of Virginia 02/11/2020
Trial court did not abuse its discretion in refusing to allow the entirety of appellant’s recorded statement into evidence where he did not carry his burden of proving an exception to the hearsay rule or in limiting the introduction into evidence of victim’s prior convictions and other evidence that was relevant to appellant’s self-defense claim
0306194 Deja Lachee McNair v. Commonwealth of Virginia 02/04/2020
Trial court applied the wrong standard in determining whether to revoke appellant’s suspended sentence
0532192 Timothy Lamont Booth, Jr. v. Commonwealth of Virginia 02/04/2020
Appellant’s conviction of possessing ammunition as a felon reversed where evidence did not prove beyond a reasonable doubt that appellant actually or constructively possessed the ammunition
0552194 Lamar Ortaga McLean v. Commonwealth of Virginia 02/04/2020
No error in trial court’s finding that appellant did not meet his burden to establish that his involvement in the drug transaction constituted an accommodation under Code § 18.2-248(D)
1047194 Tracey Cook and Arthur Cook v. Gary Scott Jensen and Jennifer Debra Springer Jensen 02/04/2020
Judgment of trial court granting adoption of the child affirmed
1134194 Ronald P. Ferry v. Sandra M. Beard 02/04/2020
Trial court did not err in ordering appellant to reimburse appellee for pension payments he received in violation of appellee’s property rights, in awarding appellee attorney’s fees, or in denying appellant’s request for attorney’s fees
1357194 Anita Simms v. Alexandria Department of Community and Human Services 02/04/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i) and finding that termination was in child’s best interests
1512184 Lisa Brewer v. Springfield Toyota and VADA Group Self-Insurance Association 02/04/2020
Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider her arguments
1624193 Monica Marie Fritz v. Brian Joseph Fritz 02/04/2020
Trial court did not err in dismissing appellant’s complaint that appellee breached a mediated agreement to pay child support where appellant is estopped from raising the arguments because they are inconsistent with her position in the parties’ divorce proceedings
0724194 Joel Rene Abalos v. Commonwealth of Virginia 01/28/2020
Judgment of trial court affirmed pursuant to Rule 5A:18 where record on appeal fails to show appellant raised the issue he presents on appeal to the trial court
0867194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0869194 Rahul Kishore Chaudhry v. Lisa Judith Chaudhry 01/28/2020
Trial court did not err in awarding appellee child and spousal support retroactive to the date appellee filed the complaint for divorce; trial court did not abuse its discretion in the overall awards of child support, spousal support, arrearages, and attorney’s fees or in denying appellant’s motion to reconsider
0900194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0901194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0902194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
1072193 Gerald Randolph Wall v. Giles County Department of Social Services 01/28/2020
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(2) and finding that the Department had provided appellant reasonable services
1106193 Angel Lee Parks v. Giles County Department of Social Services 01/28/2020
Trial court did not err in terminating appellant’s parental rights to two of her children under Code § 16.1-283(E)(i) and finding that termination of her parental rights was in the children’s best interests
0528194 Craig Brown and Bonnie Brown v. Prince William County Department of Social Services 01/14/2020
Trial court did not err in dismissing appellants’ appeal where the September 10, 2018 order was a final order for purposes of appealing the CHINS case and the appellants’ notice of appeal was not timely filed with regard to that order
1245192 Commonwealth of Virginia v. Warren Hampton Ferguson 01/14/2020
Trial court erred in holding this prosecution violated the constitutional protection against double jeopardy where the possession of the drugs on his person and in his home constituted two separate and distinct acts and occurred in two separate jurisdictions
1359184 Eric Fitzgerald Jones v. Commonwealth of Virginia 01/14/2020
Trial court did not err in denying appellant’s motion to suppress or denying in part appellant’s motion for stipulation; evidence was sufficient to support appellant’s conviction of possession of a firearm by a violent convicted felon
1392181 Bryan Steven Ruff v. Commonwealth of Virginia 01/14/2020
Trial court erred in revoking appellant’s suspended sentences where he had not violated the terms of probation by failing to pay restitution for a conviction where no restitution was ordered and the record failed to demonstrate why his payments made had been unreasonable based on the terms in his sentencing order
1541184 Ackeem S. Edwards v. Commonwealth of Virginia 01/14/2020
Trial court reached the correct result in declining to issue a deferred disposition under Starrs v. Commonwealth, 287 Va. 1 (2014), after making a formal, written adjudication of guilt
0954193 Charles Ray Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1-283(C)(2)
0955193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0956193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0957193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(2)
0958193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 01/07/2020
Petition for rehearing en banc granted
1592174 Ramon Antonio Kenan v. Commonwealth of Virginia 01/07/2020
Trial court did not err in finding appellant had violated the terms of his probation
0009194 Jerald Thomas McClard, s/k/a Jerold Thomas McClard, Jr. v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence proved two separate collisions with separate causations and a sufficient temporal interval between the two collisions; two convictions of hit and run affirmed
0330194 Craig Brown and Bonnie Brown v. Daniel Cerniglia and Millicent Cerniglia 12/27/2019
Trial court did not err in dismissing this appeal from the juvenile and domestic relations district court as moot where the child had turned eighteen
0414191 Ryan Stacy v. Commonwealth of Virginia 12/27/2019
Judgment of trial court affirmed where appellant’s sole assignment of error is non-reviewable as this Court has no authority to review a trial court’s sentencing guideline calculations
0488191 Christopher Partain, s/k/a Christopher J. Partain v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that appellant’s failure to appear was willful where evidence proved appellant had notice of the proceeding
0596194 Veronika R. Petrova v. Maxwell S. Leach 12/27/2019
Trial court did not abuse its discretion in ordering appellant to limited supervision with the parties’ child until appellant surrendered the child’s passport
1128194 Tameka Johnston v. City of Alexandria Department of Community and Human Services 12/27/2019
Trial court did not err in dismissing appellant’s appeals terminating her parental rights and approving the foster care goal of adoption to her children when she failed to appear at the hearing
1190184 Ronald Moya Obando v. Commonwealth of Virginia 12/27/2019
Judgment of trial court affirmed where appellant waived his objection to the admission of hearsay evidence from the police translator where he failed to object to some of the evidence in a timely fashion and also elicited evidence of his own on the same subject
1283181 Derrell Marques Harrell, s/k/a Darrell Marques Harrell v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove an agreement between appellant and the driver of the vehicle for selling heroin
1791181 Deshawn Holly, s/k/a Deshawn Leon Holly v. Commonwealth of Virginia 12/27/2019
Trial court did not err in denying appellant’s motion to suppress where, because exigent circumstances existed, the initial entry into the motel room did not violate the Fourth Amendment
1880184 Rodolfo Bustos v. Commonwealth of Virginia 12/27/2019
Trial court did not abuse its discretion in refusing to strike a potential juror for cause where the record does not show the potential juror could not be fair and impartial or in denying appellant’s amended jury instruction on geriatric parole
1887181 Andre Wilson, Jr., s/k/a Andre Darryl Wilson, Jr. v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was the perpetrator of the statutory burglary, petit larceny and obtain money by false pretenses offenses
1933184 Berry Morrow v. Commonwealth of Virginia 12/27/2019
Trial court did not err in relying on the Commonwealth’s proffer and in admitting the officer’s testimony as to results of the marijuana field test
1978181 Dorain Jerod Myers v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove the handgun in the zippered backpack on the floorboard of the front passenger seat of the vehicle appellant was driving was not in a secured container or compartment and was about appellant’s person
0346184 Galen Michael Baughman v. Commonwealth of Virginia 12/17/2019
Trial court had the authority to place appellant on probation for the rest of his life where the re suspension of a sentence after revocation of a previous suspension is a new suspension and did not abuse its discretion where that condition was reasonable; appellant’s argument regarding the probation condition restricting his internet use barred by Rule 5A:18
0594192 Hampton H. Jackson, Jr. v. Crystal N. Jackson 12/17/2019
Trial court did not err in entering orders providing for division of appellant’s pension and awarding appellee attorney’s fees; appellant’s argument challenging the classification of his pension as a marital asset barred by Rule 5A:18
0718192 David Michael Hodges v. Donna Marie Hodges 12/17/2019
No error in final decree of divorce regarding equitable distribution, spousal support or the attorney’s fee award to appellee
0777192 William R. Bowers v. Amazon.Com and American Zurich Insurance Company 12/17/2019
No error in Commission’s denial of benefits where appellant failed to prove his injury arose out of his employment
0997192 Exandrea S. Owen v. Christopher E. Owen 12/17/2019
Trial court did not err in interpreting the parties’ spousal support agreement or in reducing the amount of the spousal support payment to appellant
1117194 Kenneth Martin v. United Continental Holdings, Inc. 12/17/2019
Commission did not err in denying appellant’s claim alleging a change in condition where the record supports its finding that there was no causal relationship between appellant’s left shoulder condition and his compensable right shoulder injury
1261182 Rashard S. Cutler, s/k/a Rashard Sanders Cutler v. Commonwealth of Virginia 12/17/2019
Trial court did not abuse its discretion in refusing to admit evidence of third party guilt; error by trial court in allowing the Commonwealth to impeach its own witness harmless where the testimony was cumulative of other testimony
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 12/10/2019
Upon a Rehearing – no error in Commission’s finding that appellant had reached maximum medical improvement and sustained a 2% permanent partial disability of her left upper extremity
0310194 Jessica Nicole Baldwin v. John Denton Baldwin 12/10/2019
Trial court erred in granting appellee’s plea in bar based on a contractual waiver on a petition for a protective order
0347182 Harold Baugh, s/k/a Harold J. Baugh v. Commonwealth of Virginia 12/10/2019
Trial court did not err in setting the amount of restitution appellant was required to pay the victim as a condition of his suspended sentence
0640192 Carlene Wynn v. Department of Military Affairs/Commonwealth of Virginia 12/10/2019
Court finds appellant’s assignments of error raised on appeal waived for her failure to comply with the Rules of Court
0712194 Ricardo Howell v. Virginia Department of Social Services 12/10/2019
Trial court reached right result by sustaining the plea in bar because appellant’s notice of appeal was not physically delivered to and received by the appellee within the requisite time period
0999194 Warren D. Blatz, Jr. v. Cynthia A. Blatz 12/10/2019
Trial court did not abuse its discretion in not apportioning any of the marital debt to appellee, in awarding appellee more tangible property or in requiring appellant to bear the burden of drafting the QDRO to effect the division of funds where he possessed the information necessary for drafting the QDRO
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 12/10/2019
Trial court did not err in finding the evidence was sufficient to prove appellant possessed the firearm and the ammunition recovered from the car in which he was a passenger
1686181 Mark M. Whitaker v. Commonwealth of Virginia 12/10/2019
Trial court did not err in refusing to quash the indictments from the special grand jury; evidence for sufficient to jury to convict appellant of three counts of forgery
1823182 Christine Francis Parham, a/k/a Christine Francis Miller v. Commonwealth of Virginia 12/10/2019
No error in trial court’s finding that appellant consented to the search and that the scope of the consent extended to a search of her purse
0611193 Roy Mitchell Darby v. City of Roanoke Department of Social Services 12/03/2019
Summary affirmance – no error in trial court’s orders terminating appellant’s parental rights, approving the foster care goals, and denying his motions for custody
0349194 Samira Ait Sitahar v. Loay Al-Jawahiry 11/26/2019
Judgment of trial court regarding custody of and visitation with the parties’ child and award of attorney’s fees to appellee affirmed where appellant did not proffer her expected testimony; the trial court did not abuse its discretion in admitting evidence regarding events predating the custody order or in awarding attorney’s fees to appellee
0395194 Ernest Highsmith v. Claretha J. Highsmith 11/26/2019
Judgment of trial court affirmed where trial court had limited jurisdiction to modify its final decree to correct a legal error apparent on the face of the decree
0692194 Mohammad Sorour v. Avalon Transportation, LLC and Insurance Company of the West 11/26/2019
No error in Commission’s denial of benefits where appellant could not establish the causal connection between his injury and the conditions under which his employer required the work to be performed
0871184 Martin Warner, Jr. v. Commonwealth of Virginia 11/26/2019
Trial court did not err in denying appellant’s motion to suppress after finding the officers possessed probable cause to stop appellant and the length of the stop did not violate the Fourth Amendment; trial court did not abuse its discretion in admitting the exhibits related to the drugs recovered and the chemical analysis of those drugs
0883192 Deborah Wilson v. Hanover County Department of Social Services 11/26/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(2); appellant’s due process argument waived as appellant failed to timely file the transcript from the hearing
1364184 Anthony Dwayne Terry v. Commonwealth of Virginia 11/26/2019
Convictions of conspiracy to distribute fentanyl and conspiracy to distribute furanyl fentanyl affirmed where double jeopardy argument barred by Rule 5A:18, the failure to object to one of the instructions effected a waiver of his challenge to two other instructions, and evidence was sufficient to support both convictions
1475183 Zakaria Ismail Kronemer v. Commonwealth of Virginia 11/26/2019
No error in trial court’s finding that appellant was “detained” as contemplated by Code § 19.2 82.1 where he submitted to a show of police authority
1870183 Deborah Caldwell-Bono & Benny Bono v. State Building Code Techincal Review Board, et al. 11/26/2019
Trial court did not err in sustaining appellees’ demurrer where appellants were not aggrieved parties under VAPA regarding the Technical Review Board’s designation of their neighbors’ barn as a farm building
0007191 Aaron Louis Goldberg v. Commonwealth of Virginia 11/19/2019
Any error by trial court in admitting the results of the horizontal gaze nystagmus test harmless in light of the other overwhelming evidence of appellant’s guilt of driving under the influence, third offense within ten years
0368194 Hyunsook Highland v. Virginia Board of Nursing 11/19/2019
As appellant was not eligible for licensure under Code § 54.1-3020(A)(2), judgment of trial court affirmed except insofar as it granted a partial remand to appellee on issue of whether appellant was eligible for licensure under 18 VAC 90-19-120(A)(2)(a)
1339181 Garrett R. Salley v. Commonwealth of Virginia 11/19/2019
Trial court did not err in denying appellant’s motion to strike where the officer’s testimony and the trial court’s observation proved the officer’s service pistol was a firearm and appellant intentionally grabbed it while intending to disarm the officer
1548181 Ervin Elijah Powell v. Commonwealth of Virginia 11/19/2019
No error in trial court’s finding that evidence was sufficient to prove appellant knew the truck he was driving had been stolen
1716183 Darius Marquiese Dukes, s/k/a Darius Marquise Dukes v. Commonwealth of Virginia 11/19/2019
Trial court did not err in denying appellant’s motion to suppress where the police lawfully stopped the vehicle in which appellant was a passenger and appellant lacks standing to challenge the search of that vehicle
0227193 Kristy Marie Armstrong, n/k/a Kristy Marie Roadcap v. Adam Christopher Armstrong 11/12/2019
Judgment of trial court pertaining to child custody, visitation, grounds for divorce, and attorney’s fees affirmed
0962193 Commonwealth of Virginia v. Jared William Stanley 11/12/2019
Trial court erred in suppressing evidence discovered as a result of the May 10, 2018 search warrants
1259183 Margaret Lynn Lindow v. Commonwealth of Virginia 11/12/2019
No error in trial court’s finding that evidence proved appellant took the jewelry from the victim with the intent to permanently deprive the victim of the stolen items
1672184 Maurice Lance Duhart v. Commonwealth of Virginia 11/12/2019
Trial court did not err in finding it lacked jurisdiction to decide appellant’s motion for reconsideration of his sentence under Code § 19.2-303 where appellant had been transferred to the custody of the Department of Corrections
1695181 Martrell Dae-Shawn Beamon, s/k/a Martrell Dae Shawn Beamon v. Commonwealth of Virginia 11/12/2019
Evidence was sufficient, despite some inconsistencies in the victim’s testimony, to support appellant’s convictions; trial court did not err in denying appellant’s motion to set aside the verdict
0164191 Jupiter D. Wilson v. City of Chesapeake 11/05/2019
No error in Commission’s finding that appellant’s argument that his period of disability was incorrectly calculated is barred by principles of res judicata; Commission did not abuse its discretion in denying appellant’s motion to sanction appellee; appellant’s arguments regarding violation of his constitutional rights barred by Rule 5A:18
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 11/05/2019
Petition for rehearing granted
0338194 Carl Attebery Scott v. Fabiola Cabos Scott 11/05/2019
Trial court did not err in determining the appellant’s proportion of his separate share of the marital home or in awarding attorney’s fees to appellee
0798193 Christopher Ray Thompson v. Dale Eugene Gillespie and Patty Ann Gillespie 11/05/2019
No error in trial court’s finding that adoption was in the child’s best interests and that appellant was withholding his consent contrary to the child’s best interests
0975193 Commonwealth of Virginia v. Rasheda Ray 11/05/2019
Decision of trial court finding that the Commonwealth failed to meet its burden of proving that appellee freely and voluntarily consented to the search affirmed
1141182 Melvin Yovany Argueta-Diaz v. Commonwealth of Virginia 11/05/2019
Trial court did not err in denying appellant’s motion to suppress, in admitting into evidence gang members’ convictions and appellant’s drawings and photographs or in finding evidence was sufficient to prove appellant was a gang member and that his assault of the victim was done for the benefit of, at the direction of, or in association with a criminal street gang
1373182 Leonides Dorestal, Jr., s/k/a Leonidas Dorestal, Jr. v. Commonwealth of Virginia 11/05/2019
Evidence was sufficient to support jury’s verdict of child cruelty where it proved appellant’s discipline of the victim exceeded due moderation
1903182 Scott Russell Steggall v. Commonwealth of Virginia 11/05/2019
Trial court erred in finding evidence was sufficient to prove lascivious intent where appellant exposed himself once in a public place in the presence of a child
0849192 Commonwealth of Virginia v. Eric Tremaine Williams, Jr. 10/29/2019
Trial court erred in suppressing evidence concerning the illegal actions taken by appellee after the officers were on his property and in dismissing the indictments when the Commonwealth had the statutory right to appeal
0850192 Commonwealth of Virginia v. Donna Carol Williams 10/29/2019
Trial court erred in suppressing evidence concerning the illegal actions taken by appellee after the officers were on her property and in dismissing the indictments when the Commonwealth had the statutory right to appeal
1809183 Jonathon I. Bowerbank v. Beneen L. Bowerbank 10/29/2019
Trial court erred in failing to give appellant credit for the $86,000 payment towards his past due obligations
0259192 Tom Dawson v. County of Henrico and Virginia Association of Counties Group Self-Insurance Risk Pool 10/22/2019
No error in Commission’s decision denying appellant’s request for compensation covering home health care twenty-four hours a day, seven days a week where appellant’s treating physician did not establish that the care was necessary medical attention
0498194 Hyatt Place-Chantilly Dulles and Hyatt Corporation v. Virginia Alvarenga 10/22/2019
No error in Commission’s finding that appellee’s requested surgery was reasonable, necessary, and casually related to the work accident
0519181 Conway Spence Hyman v. Commonwealth of Virginia 10/22/2019
Trial court did not err in denying appellant’s motion to suppress where the totality of the circumstances established that the 911 caller was not an anonymous informant but a citizen informant whose reliability was evidenced by his being accountable to the police if the report was erroneous
0534193 Anthony Harris v. Danville Department of Social Services 10/22/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to his child
0863181 Malcolm Augustus Jordan v. Commonwealth of Virginia 10/22/2019
Trial court did not err in denying appellant’s motion to vacate where there was sufficient evidence of constructive possession of the drugs and firearms; appellant’s argument regarding his conviction of maintaining a common nuisance barred by Rule 5A:18
1011181 Aaron Anthony Marsh v. Commonwealth of Virginia 10/15/2019
No error in trial court’s finding that the application of Code § 19.2-268.3 in this case would not violate appellant’s Confrontation Clause rights
1117181 Lena Katherine Pullin v. Commonwealth of Virginia 10/15/2019
Trial court did not err in denying appellant’s motion to strike and set aside the verdict where the evidence was sufficient to prove appellant inflicted non-accidental injuries on the child while the child was in her care and that this conduct exposed the child to a substantial risk of serious injury
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 10/08/2019
Commission did not err in accepting the doctor’s rating in its entry of the award for permanent partial disability benefits for appellant
0686194 Corbin Moon v. Virginia Department of Social Services 10/08/2019
Summary affirmance – trial court did not err in denying appellant’s motions to remand or in finding evidence was sufficient to support appellee’s finding of a Level One finding
0991191 Hamid Tabibi v. Westminster-Canterbury on Chesapeake Bay & Eastern Alliance Insurace Company 10/08/2019
Summary affirmance – decision of Commission affirmed based on appellant’s failure to comply with the Rules of Court
0995183 James Parnell Peaks v. Commonwealth of Virginia 10/08/2019
Court does not reach appellant’s argument whether trial court erred in admitting evidence of appellant’s prior sales of methamphetamine where appellant testified to having previously sold drugs during his case-in-chief
1130193 Michael W. Falin v. Virginia Workers' Compensation Commission 10/08/2019
Summary affirmance – no error in Commission’s finding that the award of attorney’s fees in t he compromise settlement was reasonable
1189182 Gary Nathaniel Blowe, Jr. v. Commonwealth of Virginia 10/08/2019
Judgment of trial court affirmed where there were two distinct attacks on one victim and the evidence proved the injury to the other victim was significant and permanent; arguments regarding one of appellant’s double jeopardy claims and his Batson claim waived under Rule 5A:18
1525183 Herbert Snipes v. Commonwealth of Virginia 10/08/2019
Trial court did not abuse its discretion in denying appellant’s proffered self-defense instruction where there was no evidence in the record of an overt act by the victim to support the instruction
0291192 Kimberly S. Wyatt v. Roger G. Wyatt 10/01/2019
Trial court did not abuse its discretion in determining spousal support was not appropriate in this case, in awarding appellee child care costs, and in declining to award attorney’s fees to appellant
0518194 Stephanie Lee Taylor v. City of Alexandria Department of Community and Human Services 10/01/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights and approval of the foster care goals to two of her children was in the children’s best interest
0617193 Victoria Herrera v. City of Roanoke Department of Social Services 10/01/2019
Trial court did not err in denying appellant’s motion for a continuance or in terminating appellant’s parental rights to two of her children
0858194 Bashir Altamimi v. City of Alexandria Department of Community and Human Services 10/01/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights and approving the foster care goal of adoption for his child
0885181 Steven Anthony Trace v. Commonwealth of Virginia 10/01/2019
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence proved appellant’s conduct implied an assertion that appellant, a convicted felon, possessed a firearm when he confronted the victim
1113181 Hilliard Dywane Moore v. Commonwealth of Virginia 10/01/2019
Trial court did not err in imposing the five-year mandatory minimum sentence required for a conviction of possession of a firearm while in possession of a controlled substance with intent to distribute where the indictment alleged that appellant was in possession of both a firearm and controlled substances he intended to distribute and the stipulated evidence proved those facts
1458182 Walker W. Ware, IV, a/k/a W. Walker Ware, IV v. Commonwealth of Virginia 10/01/2019
Trial court erred in denying appellant’s motion to strike appellant’s embezzlement conviction where evidence did not prove money at issue was property of another entrusted to appellant and appellant’s attempt to extort conviction where the notice of intent to file a lien, the only alleged threat, was in the context of a judicial proceeding
1850182 Tammy Nicole Pittman v. Robert Wayne Pittman, III 10/01/2019
Trial court erred in failing to award appellant child support retroactively to the commencement of the proceeding as required by Code § 20-108.1
0170192 Carl Dorman v. Commonwealth of VA, Dept. of Motor Vehicles & Richard D. Holcomb, Commissioner 09/24/2019
Decision of trial court affirming DMV’s decision to deny appellant’s request to renew his license affirmed where the DMV did not violate appellant’s due process rights, appellant failed to meet his burden to prove the agency action was invalid, and the evidence supports the agency decision
0620181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court imposing as a condition of appellant’s suspended sentence that he be of good behavior for life upon release from incarceration affirmed where appellant failed to preserve his claim at trial and Rule 5A:18’s ends of justice exception does not apply
1075181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court imposing as a condition of appellant’s suspended sentence that he be of good behavior for life upon release from incarceration affirmed where appellant failed to preserve his claim at trial and Rule 5A:18’s ends of justice exception does not apply; Rule 5A:20 bars review of argument regarding trial court’s deviation from plea agreement
1076181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court revoking appellant’s suspended sentences affirmed where appellant conceded at the revocation hearing that the had violated the terms of his probation within the applicable period of good behavior; ends of justice provision of Rule 5A:18 does not apply in this case
1145182 Jaquan Markel Bland v. Commonwealth of Virginia 09/24/2019
Appellant’s argument on appeal waived under Rule 5A:18 where appellant did not make the same argument before the trial court that he raises on appeal
1877181 Jillian Pang v. Air Wisconsin Airlines and Ace American Insurance Company 09/24/2019
No error in Commission’s finding that appellant failed to prove she suffered a compensable injury or contracted an occupational disease/compensable ordinary disease of life as a result of her employment as a flight attendant
0780194 David J. Sonich v. International Business and Liberty Insurance Corporation 09/17/2019
Summary affirmance – appellant’s arguments waived for his failure to comply with Rule 5A:20
1238181 Antonio Wright v. Commonwealth of Virginia 09/17/2019
No error in trial court’s finding that evidence was sufficient to prove appellant’s 2003 conviction falls under the sexually violent offender definition and that appellant was required to register as a sexually violent offender
0327191 Commonwealth of Virginia v. Oliver Wade 09/10/2019
Trial court’s granting of bond reversed where trial court abused its discretion by either applying an inapposite presumption or failing to apply a required presumption
0523193 James Cecil Whitener, Sr. v. Pulaski County Department of Social Services 09/10/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(1)
0226193 Aldine Dove, Sr. v. Herbert Propst and Karen Sue Propst 09/03/2019
Trial court did not abuse its discretion in finding that it was in the child’s best interest to award custody to the maternal grandparents
0380194 Michael Effler v. Cardinal Logistics Management Corp. & Sedgwick Claims Management Services, Inc. 09/03/2019
Commission did not err in denying appellant’s claim for benefits where appellant did not establish what caused him to fall
0540192 Commonwealth of Virginia v. Amir Fareed Suluki 08/27/2019
Trial court erred in granting appellee’s motion to dismiss on speedy trial grounds where appellee’s failure to object amounted to acquiescence the delay would be charged against him and the prior pretrial mandate tolling period did not relieve appellee of the burden to object if the trial is scheduled beyond the 60-day mandate tolling provision
1560183 Peter Anthony DeLuca v. Tracie Ondich DeLuca 08/27/2019
Judgment of trial court affirmed except insofar as it pertains to the award of attorney’s fees to appellee where the parties’ property settlement agreement provided each party would pay their own fees
2001184 Farah Khakee v. David W. Rodenberger 08/27/2019
Judgment to trial court finding appellant in contempt for failing to pay certain sums to appellee affirmed
0500191 Commonwealth of Virginia v. Nicholas Capps 08/20/2019
Trial court erred in suppressing appellee’s statements to the officer as involuntary where the record shows there was no police coercion that produced appellee’s statements
0504193 Eugene Jeffrey McNeil v. City of Roanoke Department of Social Services 08/20/2019
Trial court did not err in terminating appellant’s rights to his child and approving the foster care goal of adoption
0255192 Carolyn Rumbaugh v. Shawn Peddicord 08/13/2019
Trial court did not err in vacating its order reinstating the matter, in denying appellant’s motions, and in holding that its order dismissing the show cause against appellee was in full force and effect
1771174 Dilshad Sabri Dosky v. Commonwealth of Virginia 08/13/2019
No reversible error in trial court’s determinations regarding the exclusion or admission of evidence, in its denial of appellant’s motions for a mistrial and for a new trial based on juror misconduct, or in its refusal to give an involuntary manslaughter instruction
1814184 Douglas A. Steinberg, Guardian Ad Litem for the Minor Children v. Nurelen Befekadu, et al. 08/13/2019
Judgment of trial court affirmed where appellant did not challenge on appeal the trial court’s dismissal on grounds of mootness and that ground alone provides a sufficient legal foundation for the trial court’s ruling
0699194 Govstrive, LLC, and Ohio Security Insurance Company v. Melvin Bethea 08/06/2019
Summary affirmance – no error in Commission’s finding that appellant’s injuries were causally related to the work accident
0017194 Bricia Roslyn Bryant v. Staybright Electric and Old Republic Insurance Company 07/30/2019
Summary affirmance – as appellant’s failure to comply with the Rules of Court is significant, Court will not consider appellant’s assignments of error
0107192 Mary Carter McConnell v. James Hoge Tyler McConnell, Jr. 07/30/2019
Judgment of trial court regarding equitable distribution and spousal support affirmed
0189181 Garrett Lamar Porter v. Commonwealth of Virginia 07/30/2019
Trial court erred in finding appellant was not seized for Fourth Amendment purposes at the time the bag containing heroin was discovered
1822183 Melissa Lephew v. Roanoke County Department of Social Services 07/30/2019
Trial court did not err in terminating appellant’s parental rights to her children after finding appellant was unable to remedy the conditions that led to the children being placed in foster care and termination was in children’s best interest
0083192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0084192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0085192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0086192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0986184 Joanna Denise Benjamin Gibson v. Commonwealth of Virginia 07/23/2019
Trial court did not err in denying appellant’s motions to strike where the evidence was sufficient to prove appellant’s convictions of contributing to the delinquency of a minor, making a false report of child abuse, and giving a false report to law enforcement
1754184 James J. Horzempa v. Barbara C. Horzempa 07/23/2019
No error in trial court’s interpretation of North Carolina law to reform the language of a provision of the parties’separation agreement to reflect the intent of the parties
1873182 Kirke F. Szawronski v. Ana L. Szawronski 07/23/2019
Error in trial court’s decision regarding the denial of appellant’s motion to modify child and spousal support where after finding a material change in circumstances the trial court did not state what it relied upon in deciding not to modify the child or spousal support
0660183 Jehohanan Jedidiah Lamp v. Commonwealth of Virginia 07/16/2019
No error in trial court’s finding that evidence was sufficient to support statutory burglary conviction; trial court erred in finding evidence established that the value of the stolen goods had a value of $200 or more
0692181 Troy James Hypolite v. Commonwealth of Virginia 07/16/2019
Trial court erred in denying appellant’s motion to strike where the evidence failed to prove appellant knowingly and intentionally possessed the cocaine found in the vehicle
0976182 Yaqub Hameed Muwakkil v. Commonwealth of Virginia 07/16/2019
Trial court did not err in denying appellant’s motion to suppress where the officer had reasonable suspicion to stop the vehicle driven by appellant after seeing a child standing up in the back seat of the vehicle
1001184 Devonty Tyrone Hall v. Commonwealth of Virginia 07/16/2019
Trial court did not err in denying appellant’s motion to suppress his statements where appellant was not in custody for Miranda purposes; any error by trial court in limiting appellant’s cross examination of victim harmless
0508181 Robert King Via, Jr. v. Commonwealth of Virginia 07/09/2019
Appellant’s argument that the trial court erred in precluding him from calling two defense witnesses at trial barred by Rule 5A:18
0723183 Douglas Dashawn Wimbush v. Commonwealth of Virginia 07/09/2019
Appellant’s conviction affirmed as evidence was sufficient as a matter of law to prove that he possessed a firearm capable of expelling a projectile by means of an explosion
1946183 Nanochemonics Holdings, LLC & Clarendon National Insurance Company v. John McKinney 07/09/2019
No error in Commission’s finding that claimant’s right knee injury was a compensable consequence of his earlier left knee injury
0801181 Benjamin Forrest Carter v. Commonwealth of Virginia 07/02/2019
Appellant’s argument regarding admissibility of preliminary hearing transcript did not meet the requirements of Rule 5A:12(c)(1)(ii); argument regarding sufficiency of the evidence waived for failure to comply with Rule 5A:20(e)
1347183 Jessica Crystal Buck v. Commonwealth of Virginia 07/02/2019
Trial court did not err in finding that venue had been properly established
1782184 Clare Morton Lehman, n/k/a Clare Morton v. Paul Clinton Lehman, Jr. 07/02/2019
Trial court erred in not awarding appellant the entire amount of attorney’s fees and costs she requested in litigation concerning enforcement of marital settlement and custody agreements
1950184 Michael Paul Jones v. Brenda J. Jones 07/02/2019
No error in trial court’s interpretation of parties’ property settlement agreement to provide that appellee was to receive one-half of the monthly disability-retirement benefits received by appellant
1961183 Norma Jean Barker v. Samuel Kenneth Barker 07/02/2019
Summary affirmance – judgment of trial court regarding final decree of divorce affirmed where the record is insufficient for review of appellant’s assignments of error
0260191 Michelle Hobson, s/k/a Michelle Sonberg-Hobson v. City of VA Beach Department of Human Services 06/25/2019
No error in trial court’s finding that termination of appellant’s parental rights to her child was in the child’s best interest
0815182 Herbert Cottrell Braxton v. Commonwealth of Virginia 06/25/2019
Appellant’s conviction of strangulation affirmed where Court is unable to reach merits of appellant’s arguments without a transcript or statement of facts; no due process or equal protection violation occurred where appellant had time to file either a statement of facts or a motion to extend the time for filing the statement of facts but failed to do so
0873184 Jorge Fernando Cortez v. Commonwealth of Virginia 06/25/2019
Judgment of trial court affirmed where appellant only assigned error to one of the trial court’s two alternative holdings
1158143 Peter Anthony DeLuca v. Tracie Ondich DeLuca 06/25/2019
As the court lacked subject matter jurisdiction to consider this appeal, its May 19, 2015 decision is void ab initio; the opinion is withdrawn, mandate vacated, and appeal dismissed
1625184 Nadia Gihar Bahta v. Mohammed Seid Mohammed 06/25/2019
Trial court erred in determining that Code § 16.1-278.19 precludes an award of attorney’s fees when a party is represented by a non-profit legal organization that does not charge for its services
1655181 Evan Sonberg v. City of Virginia Beach Department of Human Services 06/25/2019
Trial court did not err in terminating appellant’s parental rights to his child after finding that relative placement was not in the best interests of the child
1980181 Michelle Hobson, s/k/a Michelle Sonberg-Hobson v. City of VA Beach Department of Human Services 06/25/2019
Trial court did not err in approving the foster care goal of adoption and finding that relative placement was not in the best interests of the child
0896182 Tateana Acacia Wells v. Commonwealth of Virginia 06/18/2019
Trial court did not err in denying appellant’s motions to strike the eluding charge where the Commonwealth’s evidence established venue or in denying appellant’s motion to strike the second larceny charge after rejecting the applicability of the single larceny doctrine
1137182 Arien Prescott Pollard v. Commonwealth of Virginia 06/18/2019
Trial court did not err in denying appellant’s motion to strike the second larceny charge after rejecting the applicability of the single larceny doctrine
1976172 Christopher Francis Cipolla v. Commonwealth of Virginia 06/18/2019
Trial court did not abuse its discretion in refusing to strike two jurors for cause or in refusing to allow appellant’s expert’s testimony at the guilt phase of the trial
0057191 Kenny L. Patterson v. United Parcel Service and Liberty Insurance Corporation 06/11/2019
Summary affirmance – no error in Commission’s finding that appellant’s shoulder injury sustained during physical therapy was not a compensable consequence of his work-related accident
0899181 Canton Thomas John Johnson v. Commonwealth of Virginia 06/11/2019
Trial court did not err in denying appellant’s motion to suppress or in finding that evidence was sufficient to prove appellant intended to distribute the drugs he possessed
1437183 Frances Lynch v. Bedford County DSS & VA Dept. of Medical Assistance Services 06/11/2019
No error in trial court’s finding that appellant had not perfected her appeal because neither she nor her attorney signed any pleadings submitted to the circuit court
2020182 Raymond Leroy Weller v. Spotsylvania County Department of Social Services 06/11/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
0218194 Shawnade Ricquale Richardson Mason v. Stafford County Department of Social Services 06/04/2019
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights was in child’s best interest and in terminating appellant’s parental rights pursuant to Code § 16.1 283(E)(i) and in approving the foster care goal of relative placement
1317183 Amanda Lee Smith v. City of Roanoke Department of Social Services 06/04/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(B)
1674184 Rebecca Hicks v. Giant Landover, Ahold USA, Inc. and Mac Risk Management, Inc. 06/04/2019
No error in Commission’s award of permanent partial disability benefits to appellant based on a 7% impairment rating to her right lower extremity
1996184 Thomasina Light, a/k/a Eva Light v. Alexandria Department of Community and Human Services 06/04/2019
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(B)
0104192 Commonwealth of Virginia v. Arkevis L. Vinson 05/28/2019
Trial court erred in granting appellee’s motion to dismiss on speedy trial grounds where appellee waived his statutory speedy trial rights under Code § 19.2-243(4) by failing to object when the trial court set the trial date outside the speedy trial limits
1194182 Maile L. Collier v. Commonwealth of Virginia 05/28/2019
Appellant’s argument regarding sufficiency of evidence waived for her failure to comply with Rule 5A:20(e)
1866183 Nasir Sabir v. Roanoke City Department of Social Services 05/28/2019
Trial court did not err in terminating appellant’s parental rights to his child and approving the goal of adoption
1560183 Peter Anthony DeLuca v. Tracie Ondich DeLuca 05/21/2019
Judgment of trial court affirmed except insofar as it pertains to the award of attorney’s fees to appellee where the parties’ property settlement agreement provided each party would pay its own fees
1616184 Meghan Johnson v. Loudoun County Department of Social Services 05/21/2019
Appellant’s argument that trial court improperly excluded testimony from appellant’s therapist barred by Rule 5A:18; no error in trial court’s finding that evidence proved it was in best interests of children to terminate appellant’s parental rights and accept foster care plan with goal of adoption
0028184 Adrienne Mallard v. Next Day Temps Inc. and Accident Fund General Insurance Company 05/14/2019
Commission’s factual findings regarding causation and appellant’s efforts to market her residual work capacity are supported by the evidence
0099181 Tyvon Lyncurtis Smith v. Commonwealth of Virginia 05/14/2019
Judgment of trial court reversed and final judgment entered where evidence was insufficient to prove appellant communicated to the witnesses his plan for them to commit perjury or his plan to commit arson and Commonwealth failed to prove a predicate act of violence to prove a violation of Code § 18.2-46.2
0150184 Selvin Colindres Mancedo v. Commonwealth of Virginia 05/14/2019
No error in trial court’s ruling that the statements at issue were inadmissible where one was inadmissible hearsay not covered by the state-of-mind exception and one was extrinsic evidence of a collateral prior inconsistent statement
1319184 Shaneka L. Best, f/k/a Shaneka L. Montez v. Kevin D. Montez 05/14/2019
No error in trial court’s order modifying custody and visitation and awarding custody of the parties’ child to appellee and awarding visitation to appellant
1556184 Verizon Virginia Inc. and Sedgwick Claims Management Services, Inc. v. Virgil Saliard 05/14/2019
No error in Commission’s finding that appellee experienced a compensable injury arising out of and in the course of his employment and that the request medical treatment and disability were causally related to the work accident
0386181 Bernardo John Raigoza v. Commonwealth of Virginia 05/07/2019
No reversible error in trial court’s holding that the affidavit was adequate to raise the presumption in Code § 9.1-907 that appellant violated Code § 18.2-472.1, and evidence was sufficient to prove appellant failed to reregister as a sex offender
1766184 Angelique Ranghelli v. Robert Ranghelli 05/07/2019
No error in trial court’s award of child support to appellee where it awarded to the correct statutory child support amount based on an accurate calculation of appellant’s income
0424183 Grim Issac Dunithan, Jr. v. Commonwealth of Virginia 04/30/2019
No error in trial court’s finding that evidence was sufficient to find appellant took the victim’s money
1610182 Tricia Hayes v. Nobility Investments, LLC and Florida Hospitality Mutual Insurance 04/30/2019
Commission did not err in denying appellant’s claim for temporary total disability benefits where appellant’s work restrictions do not prevent her from performing her pre-injury work
1878182 Department of Motor Vehicles/Commonwealth of Virginia v. John H. Bandy 04/30/2019
No error in Commission’s finding that appellee’s injury occurred during a reasonably definite time and was a compensable injury by accident
0083184 Raymond Lamar Washington v. Commonwealth of Virginia 04/23/2019
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where appellant failed to establish a good faith basis for withdrawing the pleas or proffer evidence of a reasonable basis for contesting guilt
0382182 Dougals Leon Jones v. Commonwealth of Virginia 04/23/2019
Trial court erred in granting the motion to suppress where the folder lottery tickets in appellant’s vehicle did not give office probable cause to seize the tickets
0623181 Ryan Ray Taybron v. Commonwealth of Virginia 04/23/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the criminal agents involved in the burglary and grand larceny and conspired with others to commit the burglary of the victims’ home
0641181 Domenico O. Greene, Jr. v. Commonwealth of Virginia 04/23/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the criminal agents involved in the burglary and grand larceny and conspired with others to commit the burglary of the victims’ home
1689183 Benny Joe Dixon v. Scarlett Jean Loy Dixon 04/23/2019
Trial court did not err in classifying the parties’ farm and residence as marital property and appellee’s Tennessee property as her separate property
0409181 Timothy Michael Bush v. Commonwealth of Virginia 04/16/2019
No error in trial court’s finding that evidence was sufficient to prove appellant’s conviction of aggravated sexual battery; trial court erred in finding evidence sufficient to prove conviction of sexual battery where the touching was not accomplished by force, threats, intimidation, or ruse
0549181 Xyheir Keyonta Tate v. Commonwealth of Virginia 04/16/2019
Trial court did not err in denying appellant’s motion to strike one of the two counts of maliciously shooting into an occupied building where the unit of prosecution under Code § 18.2 279 is each separate act of shooting
1292181 Lourdes Iglesias v. QVC Suffolk Inc. and Liberty Insurance Corporation 04/16/2019
No error in Commission’s finding that the accident portion of appellant’s claim was time-barred; Commission’s error in finding the occupational disease portion of appellant’s claim was time barred harmless where Commission ultimately made determination on the merits that appellant failed to establish her condition arose out of her employment and that was unchallenged
1393181 Carolyn Blow v. York County Public Schools and Virginia Association of Counties Group 04/16/2019
Commission die not err in denying appellant’s claim for benefits where appellant did not establish a causal relationship between her accidental injury and her alleged neck pain
1569183 Heaven Wilkes Rasheed v. Roanoke City Department of Social Services 04/16/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where the record demonstrates appellant did not complete the required services and did not substantially remedy the conditions that led to the children’s placement in foster care
2006181 Commonwealth of Virginia v. Alexander Raines Peyton 04/16/2019
Trial court erred in failing to apply the good faith exception to the exclusionary rule where the affidavit contained some indicia of probable cause and a reasonable officer could have believed the search warrant was valid
0262182 Alexander Ray Thompson, s/k/a Ray Alexander Hughes v. Commonwealth of Virginia 04/09/2019
Trial court erred in finding sufficient evidence to prove forgery where appellant’s misrepresentations regarding his previous identity did not affect the genuineness or authenticity of the DMV applications and the evidence did not prove appellant used a false or fictitious name
0412184 Michael Scott Cockrell v. Commonwealth of Virginia 04/09/2019
Trial court erred in sentencing appellant to more than thirty days of confinement where no assessment under Code § 16.1-284.1(A) was completed
0990184 Farah Khakee v. David W. Rodenberger 04/09/2019
Trial court erred in dismissing appellant’s motion to modify child support before entering an order compelling her to remedy her unsatisfactory discovery responses and in awarding attorney’s fees to appellee
1108184 Tahmina Begum v. Shaheen M. Shakhawat 04/09/2019
Trial court applied the correct standard in reviewing appellant’s motion to set aside the divorce decree under Code § 8.01-428(D); no error in trial court’s finding that appellant failed to prove appellee committed fraud on the court
1462184 Snelling Staffing/Chesapeake & Ace American Insurance Company v. Vincent Edwards 04/09/2019
No error in Commission’s finding that appellee established that his injury arose out of his employment and that he is entitled to compensation for his work-related injury
1536184 Nely Margarita Bonillas de Cordon v. Fairfax County Department of Family Services 04/09/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the goal of adoption
1709172 Kristopher Lavalliere v. Commonwealth of Virginia 04/09/2019
No error in trial court’s finding that evidence proved evidence of an agreement where another furthered, promoted or cooperated in appellant’s illegal venture to distribute heroin
1828184 Carlos Francisco Cordon Rivas, Sr. v. Fairfax County Department of Family Services 04/09/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children and approving the goal of adoption
0465182 Charles Jonathan Beane v. Commonwealth of Virginia 04/02/2019
Judgment of trial court affirmed where appellant’s argument is waived for his failure to provide supporting legal authority as required by Rule 5A:20(e)
0569182 Michael Hudson, s/k/a Michael Derik Hudson v. Commonwealth of Virginia 04/02/2019
Trial court did not err in allowing the medical examiner’s report and testimony regarding references to an assault involving manual strangulation
1834184 Silvia Munoz, f/k/a Silvia Munoz Quinones v. Alvaro Quinones 04/02/2019
Summary affirmance – order of trial court regarding custody and visitation affirmed
0156182 Richard Alvin Hendrick v. Commonwealth of Virginia 03/26/2019
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to search appellant based on the odor of marijuana emanating from his person, his admittance he smoked marijuana, the alert on the police system that appellant was likely armed, and his furtive movements and nervous behavior
0764181 Octavious Person, a/k/a Octavius Person v. City of Norfolk Department of Human Services 03/26/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellee’s efforts to communicate with appellant and rehabilitate his relationship with the child were reasonable and appropriate
1065182 Jennifer Dawn White v. City of Hopewell Department of Social Services 03/26/2019
Trial court’s findings of abuse and neglect termination of appellant’s parental rights to her children affirmed
1372182 Jennifer Dawn White v. City of Hopewell Department of Social Services 03/26/2019
Trial court’s findings of abuse and neglect termination of appellant’s parental rights to her children affirmed
1545182 Karen Preston v. Franklin Co. Public Schools & School Systems of VA Group Self-Insurance Association 03/26/2019
Commission did not err in denying appellant’s claim for benefits where appellant did not establish a mechanical or structural change to her brain and thus did not carry her burden of proving an injury by accident
1754171 Andre Marquise Harris v. Commonwealth of Virginia 03/26/2019
Trial court did not err in denying in part appellant’s motion to suppress where the police did not use coercive tactics to obtain appellant’s confession
0419183 Dimitric Le'dre Pritchett v. Commonwealth of Virginia 03/19/2019
No error in trial court’s finding that evidence was sufficient to prove the purse snatching was accomplished with sufficient force to support conviction of robbery where it could infer victim resisted the taking of her purse and the appellant overcame the resistance by force directed at her person
0918182 Tarsha Gerald v. Charlottesville Department of Social Services 03/19/2019
Judgment of trial court finding sufficient evidence of abuse and neglect and ordering appellant’s children to remain with their fathers affirmed
0152182 Eduardo Nicanor Mendez v. Commonwealth of Virginia 03/12/2019
Trial court erred in concluding the threats appellant made related to an enumerated felony, necessary for convictions under Code § 18.2-460(C); remanded to trial court for retrial for violations of Code § 18.2-460(B)
0470183 Furqan Abdulaziz Shabazz v. Commonwealth of Virginia 03/12/2019
Trial court did not err in finding evidence was sufficient to convict appellant of committing petit larceny and for burglarizing the victim’s home with larcenous intent
0811183 Loren Hunt v. City of Roanoke Department of Social Services 03/12/2019
Trial court did not err in terminating appellant’s parental rights to her children after finding appellant was unable to remedy substantially the condition that led to and required continuation of foster care for the children
1038183 Daniel Jason Rakes v. Teresa Renee Griggs Rakes 03/12/2019
Decision of trial court granting a fault-based divorce on constructive desertion grounds affirmed where two of appellant’s arguments are barred by Rule 5A:18 and the remaining argument does not address the actual findings of the trial court
0094182 Daphiney Francis v. Commonwealth of Virginia 03/05/2019
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the necessary criminal negligence required for a conviction of driving under the influence maiming
0311181 Lela Weiford v. City of Hampton Department of Social Services 03/05/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the foster care of adoption
0312181 Harry Lee Walker v. City of Hampton Department of Social Services 03/05/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of adoption
0469182 Marcus Antwann Atkins v. Commonwealth of Virginia 03/05/2019
No error in trial court’s finding that evidence was sufficient to conclude that appellant with intent to testify falsely gave conflicting testimony under oath as to the same matter or thing
1579183 William Bentley v. City of Roanoke Department of Social Services 03/05/2019
No error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1628172 Joseph Carroll Bush v. Commonwealth of Virginia 03/05/2019
Trial court did not err in admitting appellant’s prior redacted sentencing order into evidence showing appellant’s previous convictions despite appellant’s offer to stipulate to having been previously convicted of a violent felony
1670171 Danny Angelo Massey v. Commonwealth of Virginia 03/05/2019
Trial court erred in revoking appellant’s suspended sentence where appellant’s probation officer did not have the authority to impose the probation condition appellant allegedly violated and that condition contradicted an express term of the probation previously imposed by the trial court
0032182 Maryam Mahmoudieh v. Commonwealth of Virginia 02/26/2019
Appellant’s argument that trial court erred by refusing to answer the jury’s sua sponte question regarding the impact appellant’s conviction would have on appellant’s immigration status barred by Rule 5A:18
1289181 Chantel Ray Finch v. Commonwealth of VA, Dept. of Professional & Occupational Regulation, et al. 02/26/2019
Trial court did not err in affirming appellee’s finding that appellant was in violation of 18 VAC § 135-20-190(E)(4) by failing to obtain written consent of the seller prior to advertising for sale a specific and identifiable real estate property
1531181 City of Virginia Beach v. Nora Hamel 02/26/2019
Commission erred in finding appellee’s injury arose out of a risk of her employment
1734171 Leila Deneen Drayton v. Commonwealth of Virginia 02/26/2019
Trial court did not err in refusing to admit the two documents into evidence pursuant to the public records exception to the hearsay rule where the documents were not properly authenticated
0856182 Sandra Perry and Sterling Delbridge v. Erin Snipes 02/19/2019
Trial court did not err in awarding custody of the child to appellee where the totality of the evidence failed to rebut the presumption of awarding custody of the child to its parent
1382171 Lavonte Teko George v. Commonwealth of Virginia 02/19/2019
Trial court did not err in denying appellant’s motion to strike where the circumstantial evidence and the reasonable inferences that could be drawn from that evidence established appellant as the thief
1632172 Tom John Price v. Commonwealth of Virginia 02/19/2019
No error in trial court’s finding that evidence was sufficient to prove appellant knew or should have known that a person was injured in an accident in which appellant was involved
0518182 Roberto Brito Arrate v. Commonwealth of Virginia 02/12/2019
Trial court erred in convicting appellant of credit card forgery where a fatal variance existed between the indictment and the conduct for which appellant was convicted
0791183 Mark Lowell Gobble v. Kathryn Sue Elmore Gobble 02/12/2019
Trial court did not err in denying appellant’s motion to terminate the spousal support award where appellant failed to prove cohabitation by a preponderance of the evidence; trial court did not err in declining to award appellee attorney’s fees
1144183 Kiara Randolph v. Roanoke County Department of Social Services 02/12/2019
Trial court did not err in terminating appellant’s parental rights to her children and approving the foster care goal of adoption where appellant was unable to remedy substantially the conditions that led to the children being placed and remaining in foster care
1679172 Johnathan Reeves Robinson v. Commonwealth of Virginia 02/12/2019
Petition for rehearing en banc granted
0763181 Janay Chanel Cooke v. City of Newport News Department of Human Services 02/05/2019
Summary affirmance – trial court did not err in entering the permanency planning orders approving the goal of relative placement for appellant’s children
1134184 Jung Sun Park v. Daniel Minkyo Chong 02/05/2019
No error in trial court’s order granting appellee joint legal and sole custody of the parties’ children
1265184 Aquila Fitness Consulting Systems, Ltd. & Technology Insurance Company v. Jody A. Boudreaux 02/05/2019
No error in Commission’s finding that appellee’s left shoulder injury was caused by her right shoulder injury and was a compensable consequence of the primary injury
0279183 Trent Rashad Jones v. Commonwealth of Virginia 01/29/2019
Trial court did not err in declining to remove appellant’s attorney after concluding no disqualifying conflict existed or in requiring appellant to proceed; appellant’s argument regarding whether trial court erred in denying his request for a continuance to retain another attorney waived by appellant’s nolo contendere pleas
0281183 Trent Rashad Jones v. Commonwealth of Virginia 01/29/2019
Trial court did not err in declining to remove appellant’s attorney after concluding no disqualifying conflict existed or in requiring appellant to proceed; appellant’s argument regarding whether trial court erred in denying his request for a continuance to retain another attorney waived by appellant’s nolo contendere pleas
1037184 Richard Sparks and Jean Bishop v. Commonwealth of Virginia, et al. 01/29/2019
No error in trial court’s determination that res judicata did not apply where the document presented by appellants does not memorialize a final judgment and does not show the original petitions were disposed of by a final, valid judgment; appellants did not present supporting legal authority regarding their claim they are entitled to an offset from their child support obligation
0751182 Megan Burgess v. Paul Burgess 01/22/2019
No error in trial court’s order regarding equitable distribution and attorney’s fees
1255182 Audrey M. Baytop, f/k/a Audrey Taylor v. Wesley Taylor 01/22/2019
Summary affirmance – trial court did not err in denying and dismissing appellant’s motion for entry of a QDRO where appellant waived her rights to appellee’s retirement accounts
1340182 Commonwealth of Virginia v. Brandon Briggs 01/22/2019
Trial court did not err in granting appellee’s motion to suppress his statement made to the private prison investigator where the investigator was acting as an agent of the Commonwealth when he interrogated appellee and appellee was in custody for purposes of Miranda warnings
0427184 James Hubert Porter v. Commonwealth of Virginia 01/15/2019
Trial court did not err in admitting the out-of-court verbal statement into evidence where it was non-testimonial hearsay; any error in admitting the written statement into evidence harmless
0765183 Laurel Ansell v. Harrisonburg/Rockingham Social Services District 01/15/2019
Any error by trial court in admitting hearsay evidence harmless; no error in trial court’s findings that evidence was sufficient to prove appellant had not remedied substantially conditions causing children to be place in foster care and that termination of appellant’s parental rights was in children’s best interests
0939183 Tracy Irby v. Lifepoint Health and Safety National Casualty Corporation 01/15/2019
Appeal dismissed without prejudice where order appealed from is neither a final order nor an order adjudicating the principles of the cause
1679172 Johnathan Reeves Robinson v. Commonwealth of Virginia 01/15/2019
Trial court erred in finding evidence was sufficient to establish the force necessary to convict appellant of sexual battery
0288182 Jamica L. Giles v. Prince George County Public Schools & VML Insurance Programs 01/08/2019
No error in Commission’s finding that appellant’s claim for additional benefits was barred by the provision of the parties’ approved settlement agreement
0611184 Ashley Ross v. Fairfax County Department of Family Services 01/08/2019
Summary affirmance – no error in trial court’s finding that clear and convincing evidence supported termination of appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0628184 Michael Allen Johnson v. Fairfax County Department of Family Services 01/08/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to his child under Code § 16.1-283(C)(1) and that termination was in child’s best interests
1101171 Daniel L. Rigdon v. Commonwealth of Virginia 01/08/2019
No error in appellant’s convictions of two counts of contributing to the delinquency of a minor and one count of taking indecent liberties with a minor while in a custodial relationship; matter remanded to trial court for entry of a sentencing order consistent with the Supreme Court’s decision in Thomas v. Commonwealth, ___ Va. ___ (Oct. 18, 2018)
2013174 Renzo Martin Garcia Davila v. Commonwealth of Virginia 01/08/2019
Trial court did not err in denying appellant’s motions to strike and set aside the verdict where there was sufficient corroboration of appellant’s confession and the corpus delicti requirement was met; any error by trial court in admitting evidence of child victim’s recent complaint of sexual abuse harmless
0734182 Hampton H. Jackson, Jr. v. Crystal N. Jackson 12/26/2018
Trial court did not err in classifying property appellant purchased prior to the marriage as wholly marital where appellant’s lack of evidence prevented the trial court from determining that the property was entirely separate property without a marital share
0888181 JES Construction, LLC v. Board for Contractors, Dept. of Professional & Occupational Regulation 12/26/2018
Trial court did not err in affirming appellee and dismissing appellant’s petition where appellant was not deprived of any due process, had sufficient notice that its license could be revoked, and there was substantial evidence to support appellee’s findings; no error in trial court’s finding that appellant waived its argument regarding appellee’s failure to follow Code § 2.2-4019(A)(iii)
1004181 Katharine C. Pollard Lawson v. Joseph Lawrence Lawson 12/26/2018
Trial court’s order terminating spousal support affirmed where appellant never raised the issues in the trial court that she argued on appeal and Court finds they are waived pursuant to Rule 5A:18
1761172 Karon Markee Porter v. Commonwealth of Virginia 12/26/2018
Trial court did not err in excluding appellant’s proffered evidence where that evidence was incapable of showing the victim’s death resulted solely from medical malpractice and was collateral, irrelevant, and properly excluded from the jury’s consideration
1797174 Jimmy R. Weatherholt, Jr. v. Commonwealth of Virginia 12/26/2018
Trial court did not err in denying appellant’s motion to set aside the verdict based on the conduct of counsel where the trial court determined that appellant knowingly chose to proceed with his retained counsel in spite of her suspensions; trial court did not err in refusing to recuse itself where appellant failed to demonstrate any actual bias or prejudice
0484184 Christian Agostino Alfred Bogislav von Hassell v. Elizabeth von Hassell 12/18/2018
Trial court did not exceed its statutory authority under Code § 20-107-3 or by finding that appellant had divested himself of certain property where appellee did not prove a gift of that property
0495182 Evelyn C. Osterloh v. Virginia Department of Social Services 12/18/2018
Decision of trial court affirmed where the appellee’s termination decision is consistent with law and policy as required by Code § 2.2-3005.1(C)(iii)
0709182 Elizabeth Curtin v. Spotsylvania County Department of Social Services 12/18/2018
Summary affirmance – trial court did not err in finding that appellant’s children have been abused or neglected or in approving the foster care plans’ goal of relative placement/adoption
1286184 Arnulfo G. Garza v. Janet A. Garza 12/18/2018
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings
1543172 Maurell E. Brown v. Commonwealth of Virginia 12/18/2018
Trial court did not err in finding that appellant was not acting as an agent for the victim when he obtained the money from the victim and the victim conveyed both title and possession of the money to appellant and that appellant intended to defraud the victim
2104172 Mickey L. Rhoades v. Virginia Retirement System 12/18/2018
Trial court did not err in affirming appellee’s decision denying appellant disability retirement benefits where the evidence supported its finding that appellant was not incapacitated for the further performance of her duties as a zoning administrator/planner
0194184 Pablo Nicolas Vallejos-Ayala v. Commonwealth of Virginia 12/11/2018
Appellant’s argument that the trial court erred in imposing a no-contact with the victim provision in the final order barred by Rule 5A:18
0662181 Michael B. Eberhardt v. Kimberly A. Eberhardt 12/11/2018
Trial court did not err in dividing the escrow refund check equally between the parties or in refusing to award appellant a credit for a payment made for appellee’s attorney’s fees prior to entry of the parties’ agreement; trial court erred in dividing the Fidelity Roth IRA between the parties
0872183 James McGriff v. City of Roanoke Department of Social Services 12/11/2018
Trial court did not err in terminating appellant’s parental rights to his child where appellant had not substantially remedied the conditions that required continuation of the child’s placement in foster care
0883181 Robert Earl Smith v. City of Norfolk Department of Human Services 12/11/2018
Summarily affirmed – appellant’s failure to challenge the termination of his parental rights to his children pursuant to Code § 16.1-283(C)(1) and (E)(iii) renders moot his challenge to the termination pursuant to Code 16.1-283(C)(2)
0929182 County of Henrico & VA Association of Counties Group Self-Insurance Risk Pool v. Joan Cobb 12/11/2018
Commission did not err in finding appellee was entitled to the presumption in Code § 65.2 402(B), that Code § 65.2-402(D) did not bar application of the presumption, and that appellants failed to rebut the presumption; award of benefits affirmed
1023173 Michelle Dawn Yoder v. Commonwealth of Virginia 12/11/2018
No error in trial court’s findings that evidence was sufficient to prove appellant received notice her license was suspended on the date of the offense and that the offense was a third or subsequent violation of Code § 18.2-272 within the requisite period of time
1083183 Patrick O. Gannon v. City of Roanoke Department of Social Services 12/11/2018
Trial court did not err in terminating appellant’s parental rights to his son under Code § 16.1 283(C)(2)
0058182 Alonzo Troy Roane v. Halifax County Department of Social Services 12/04/2018
Termination of appellant’s parental rights to his child affirmed where evidence was sufficient to support termination
0132184 Curtis O'Ferrell Smalls, II v. Curtis O'Ferrell Smalls, Sr. and Sarah Lee Smalls 12/04/2018
Trial court did not abuse its discretion in refusing to recuse itself or in applying Code § 63.2 1205
0275182 Meredith Horton v. Petersburg Department of Social Services 12/04/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to her son and approve the permanent goal of adoption
0278182 Clayton Lancaster v. Petersburg Department of Social Services 12/04/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to his son and approve the permanent goal of adoption
0308184 Pankaj Merchia, M.D. v. Virginia Board of Medicine 12/04/2018
Trial court did not err in finding no error of law committed by appellee in its decision reprimanding and disciplining appellant for his conduct related to patient records
0466182 Michael J. Williams, Jr. v. Carmen B. Williams 12/04/2018
Trial court did not err in denying appellant’s continuance request, in granting appellee’s motion to strike the evidence as to appellant’s claim that the marriage was void ab initio, and in denying appellant’s motion to declare the marriage void ab initio
0531184 Curtis O'Ferrell Smalls, II v. Curtis O'Ferrell Smalls, Sr. and Sarah Lee Smalls 12/04/2018
Trial court did not err in denying appellant’s March 2, 2018 motion to stay the January 11, 2018 final order of adoption
1538172 George Trevon Watson-Scott, a/k/a George T. Watson v. Commonwealth of Virginia 12/04/2018
No error in trial court’s finding that the evidence was sufficient to support a finding of malice; trial court did not err in its application of the transferred intent doctrine
1855171 Jermica Shondal Taylor v. Commonwealth of Virginia 12/04/2018
Trial court did not err in denying appellant’s motions to strike where by presenting the victim’s check to be cashed with her name, account number, and forged signature appellant used this identifying information within the meaning of Code § 18.2-186.3
1934171 Andarion Lorenzo McInnis v. Commonwealth of Virginia 12/04/2018
Trial court did not err in admitting Facebook posts at sentencing phase of jury trial where it concluded the evidence was relevant and not unduly prejudicial; argument whether trial court erred in admitting the posts in violation of Code § 19.2-295.1 barred by Rule 5A:18
0597184 Hayat Benfaraj v. Stafford Department of Social Services 11/27/2018
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)(iv)
1115172 James Pettis, s/k/a James R. Pettis v. Commonwealth of Virginia 11/27/2018
Trial court did not err in refusing appellant’s proffered instruction where the instruction, while an accurate statement of the law, was merely duplicative and appellant was able to present his theory of the case
1152174 Brian Terrell Bolar v. Commonwealth of Virginia 11/27/2018
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence was sufficient to support conviction of use of a firearm in the commission of a felony and inconsistent verdicts do not provide a basis for reversing
0975184 Commonwealth of Virginia v. Shomari Salim Mowasi Carroll 11/20/2018
Trial court did not err in granting appellee’s motion to suppress evidence obtained after his arrest where the arrest occurred within the constitutionally protected curtilage of appellee’s residence in the absence of exigent circumstances
1017182 Commonwealth of Virginia v. Jermaine Antoine Coleman 11/20/2018
Trial court erred in granting appellee’s motion to suppress the fingerprint analysis where any taint arising from the potentially questionable police conduct was sufficiently attenuated and is not “fruit of the poisonous tree”
1488171 Teddy Leon Parker v. Commonwealth of Virginia 11/20/2018
No error in trial court’s finding that appellant was aware of the presence and character of the drugs in the bag found in plain view; trial court did not err in rejecting appellant’s hypothesis of innocence
1986174 Dion Micah Blackwell v. Commonwealth of Virginia 11/20/2018
Trial court did not err in sentencing appellant or in declining to impose probation or other alternative punishment; appellant’s argument regarding his Stet Docket offenses not preserved for appeal
0103184 Raj Marni v. Ksenija Marni 11/13/2018
Trial court did not err in granting appellee’s motion to strike where appellant failed to establish that the agreement was unconscionable
0530184 Ciara M. Vargas v. Arlington County Department of Human Services 11/13/2018
Trial court did not err in dismissing appellant’s appeals where evidence supported the finding that appellant had actual notice of the hearing and was not present at trial
1745171 Franchun Deon Hunt v. Commonwealth of Virginia 11/13/2018
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where appellant failed to establish a good-faith basis for seeking to withdraw his plea
1836171 Nathaniel Charles McCoy, Jr. v. Commonwealth of Virginia 11/13/2018
Trial court did not abuse its discretion in limiting appellant’s cross-examination of a co defendant where it was improper for the jury to hear information regarding punishment at the guilt phase of the trial
0265184 Virginia Alcoholic Beverage Control Authority v. Board of Supervisors of Fairfax County 11/06/2018
No error in trial court’s finding that appellant exceeded its authority in granting a farm winery license
0455183 Angela M. Gregory v. Pamela S. Martin 11/06/2018
Trial court applied the wrong standard when finding that appellant withheld her consent to adoption contrary to child’s best interests and erred in its consideration of appellant’s motion to amend visitation
0729181 Scot D. Cook v. Jessica H. Stewart 11/06/2018
No error in trial court’s finding that a material change of circumstances had occurred justifying a review of the prior custody order
1289171 Edward Michael Zinner v. Commonwealth of Virginia 11/06/2018
Any error by trial court in admitting expert’s testimony harmless; evidence was sufficient to prove appellant had drunk enough alcohol to affect his manner, disposition, speech, muscular movement, and behavior and to convict appellant of driving under the influence, first offense
1542171 Lamont Decarlo Booker v. Commonwealth of Virginia 11/06/2018
No error in trial court’s finding that officer had probable cause to stop and search appellant
2073171 A.A.B., a Minor v. Commonwealth of Virginia 11/06/2018
No error in convictions appealed from where trial court, in its final orders, granted appellant the relief he requested
0009183 Shirong Wu Wigley v. Richard Alan Wigley 10/30/2018
No error in trial court’s decision regarding spousal support, equitable distribution, and attorney’s fees
0141183 Adam Christopher Armstrong v. Kristy Marie Roadcap 10/30/2018
No error in trial court’s decision not to include the parties’ child in the protective order
0539184 Tereasa DeVaughn v. Fairfax County Public Schools 10/30/2018
No error in Commission’s finding that appellant failed to cure her unjustified refusal based on the evidence at the December 7, 2016 hearing
0657183 Georgia Hurst v. City of Roanoke Department of Social Services 10/30/2018
Trial court did not abuse its discretion in finding termination of appellant’s parental rights was in child’s best interest and in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B)
0727183 Crystal Santos v. Bedford County Department of Social Services 10/30/2018
Trial court did not abuse its discretion in denying appellant’s motion for a continuance where the evidence supported the trial court’s factual findings that appellant had actual notice of the hearing and did not appear
1190173 Randy D. Ross v. Commonwealth of Virginia 10/30/2018
Trial court did not abuse its discretion in the sentences imposed in the resentencing hearing where the trial court considered all the evidence
1373173 Allan Wayne Wright, Jr. v. Commonwealth of Virginia 10/30/2018
Trial court erred in finding evidence was sufficient to find appellant guilty of larceny
1656174 Joseph Francis Rosana v. Commonwealth of Virginia 10/30/2018
Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove appellant had the intent to “sexually molest, arouse, or gratify” when he touched two of the victims; sufficient evidence supported jury’s finding that appellant sexually abused two complaining witnesses and without their consent within a two-year period
1744171 Cheresa D. Young v. Commonwealth of Virginia 10/30/2018
Trial court did not abuse its discretion in allowing witness to testify despite her brief conversation with another witness; evidence was sufficient to prove appellant made false statements on her time sheets causing her employer to make fraudulent claims to Medicaid for payment
1764162 Dustin Scott Jones v. Commonwealth of Virginia 10/30/2018
Petition for rehearing en banc granted
0145184 Marissa J. Levine, M.D., MPH, etc. v. Arlington Medical Imaging, LLC and William Prominski, M.D. 10/23/2018
Trial court erred in reversing appellant and determining that appellees had sufficiently demonstrated a public need for a CT scanner
0661184 Rodell Callahan v. Rappahannock Goodwill & Pennsylvania Manufacturers Association Insurance Co. 10/23/2018
Commission did not err in denying appellant’s claim for benefits where appellees met their burden of proving appellant willfully violated a known safety rule
0732184 Hazem Garada, M.D. v. Virginia Board of Medicine 10/23/2018
No error in trial court’s finding that substantial evidence supported appellee’s decision to deny appellant’s petition for reinstatement of his medical license
0765172 Terence Lamont Collins, Jr. v. Commonwealth of Virginia 10/23/2018
Trial court did not err in denying appellant’s motion to suppress the evidence obtained from appellant’s cell phone where that evidence was admissible under the Leon good-faith exception; evidence was sufficient to support appellant’s convictions
0870173 Burdis Gene Barker, Jr. v. Commonwealth of Virginia 10/23/2018
No reversible error in trial court’s decision to admit prior conviction orders in place of appellant’s stipulation to his status as a violent felon
1250163 Timothy M. Barrett v. Valerie Jill Rhudy Minor 10/23/2018
Trial court did not err in setting the amount of attorney’s fees awarded to appellee as directed in this Court’s prior mandate
1803172 Paul Wayne Bagley v. Commonwealth of Virginia 10/23/2018
Appellant’s argument regarding “force, threat, or intimidation” waived where appellant failed to present it in his renewed motion to strike; victim’s testimony was competent, credible and sufficient for jury to find appellant guilty
0090183 Ambrosia de Jesus Martinez, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2) and approving goal of adoption
0097183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
0207173 James Clifford Tilley v. Commonwealth of Virginia 10/16/2018
Argument raised by appellant on appeal barred by Rule 5A:18 where appellant failed to preserve his challenge to the sufficiency of the evidence to support his conviction
0406182 County of Henrico & VA Association of Counties Group Self-Insurance Risk Pool v. Brooke Collawn 10/16/2018
Commission did not abuse its discretion in admitting and relying upon an expert’s opinion or in finding that appellee’s fall arose out of her employment
0578183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in approving the goal of adoption for appellant’s child
0579183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in approving the goal of adoption for appellant’s child
0580183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1064174 Sergio Ramon Zuniga Robles, a/k/a Sergio Robles v. Commonwealth of Virginia 10/16/2018
Any error by trial court in denying appellant’s proposed jury instruction harmless considering the overwhelming evidence of appellant’s guilt
1093172 Carla Wyche Lewis v. Commonwealth of Virginia 10/16/2018
Trial court did not abuse its discretion in making the restitution award where there was ample evidence to support a restitution amount of at least the amount ordered by the trial court
2026172 Joseph Maurice McFadden v. Commonwealth of Virginia 10/16/2018
Evidence was sufficient to prove appellant possessed the drugs found in his pocket; appellant’s argument that evidence was insufficient to prove he knowingly possessed the drugs waived under Rule 5A:18
0286181 Rodger Leroy Willett, Jr. v. Stacie Renee Lee, f/k/a Stacie Renee Willett 10/09/2018
Trial court did not err in denying appellant’s motion for a new order or leave to appeal
0309182 Canada Dry Potomac Corporation & Indemnity Insurance Company of North America v. William Anderson 10/09/2018
No error in Commission’s finding that appellants were responsible for paying for prescription medications and care provided by Dr. Bonner to appellee for specified time periods as they were reasonable, necessary, and causally related to his work injury
0510183 Shatarra Lea Dawson v. City of Roanoke Department of Social Services 10/09/2018
Trial court did not err in terminating appellant’s parental rights to three of her children pursuant to Code § 16.1-283(C)(2)
0636184 Claude J. Mailloux v. America Transportation and Uninsured Employer's Fund 10/09/2018
Commission did not err in denying appellant’s claim for benefits where credible evidence supports a finding that appellant’s willful violation of his employer’s rule and the statutory requirement to wear a seatbelt proximately caused his injuries
0696184 America Transportation v. Claude Mailloux 10/09/2018
Commission did not abuse its discretion in imposing a $25,000 fine on appellant for failure to maintain workers’ compensation insurance
1084172 William Morris Harris v. Commonwealth of Virginia 10/09/2018
Evidence was sufficient for jury to conclude appellant had constructive possession of the shotgun; trial court did not err in denying appellant’s motion to strike and evidence was sufficient for jury to convict appellant of use of a firearm in commission of robbery where it acquitted him of the underlying robbery charge
1325171 Todd Patrick Weathersby v. Commonwealth of Virginia 10/09/2018
Trial court erred in denying appellant’s motion to suppress where officer had a reasonable basis for frisking appellant but lacked probable cause to remove the glass tube from appellant’s pocket
1408172 Mandingo Lamont Haywood v. Commonwealth of Virginia 10/09/2018
Appellant’s arguments regarding probable cause to arrest barred by Rule 5A:18; trial court did not err in finding the drug dog sufficiently reliable or in finding the dog’s alerts did not constitute searches for Fourth Amendment purposes
2061172 Mark L. Parham v. Tammy Jo Parham 10/09/2018
Trial court did not err in determining appellant was voluntarily underemployed and imputing income to him on that basis
0068184 Robert L. Ayers v. Linda T. Ayers 10/02/2018
No error in trial court’s interpretation of the “asset’s value” as referring to proceeds from the sale of the marital home after all costs have been deducted which is consistent with the language in the agreements of the parties
0120182 Ted Williams v. Lowe's Home Centers, Inc./Lowe's Home Centers, LLC 10/02/2018
No error in Commission’s finding that appellant failed to meet his burden to prove the need for surgery and ongoing medical treatment was causally related to his 2013 work injury
0325184 Stuart Chung v. Stephanie Chung, n/k/a Stephanie Fitzgerald 10/02/2018
Trial court erred in awarding appellee spousal support where it was without authority to do so with no valid pleading requesting it once the trial court struck appellee’s complaint
0632172 Alan L. Lewis, s/k/a Alan Leon Lewis v. Commonwealth of Virginia 10/02/2018
No error in trial court’s finding that appellant’s statutory and constitutional speedy trial rights were not violated where appellant did not timely object to the continuance and agreed to the new trial date before objecting to the continuance
0937171 Joshua Rodrigus Wood v. Commonwealth of Virginia 10/02/2018
Trial court did not abuse its discretion in admitting text messages received on appellant’s phone the morning of the homicide; trial court did not err in refusing to set aside the jury’s verdict
1173172 Alan L. Lewis, s/k/a Alan Leon Lewis v. Commonwealth of Virginia 10/02/2018
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and imposing all the remaining time
1322171 Kevin Antoine Thomas v. Commonwealth of Virginia 10/02/2018
Trial court did not err in denying appellant’s motion to strike where evidence proved appellant had constructive possession of firearm; any error by trial court in sustaining Commonwealth’s objection and limiting appellant’s cross-examination harmless
1489171 David W. Willis v. Lori C. Willis 10/02/2018
Judgment of trial court affirmed where appellant failed to file transcripts or a statement of facts necessary to permit resolution of issues raised on appeal
1764162 Dustin Scott Jones v. Commonwealth of Virginia 10/02/2018
Trial court erred in finding evidence was sufficient where it did not prove the requisite overt act to prove attempted robbery; as evidence was insufficient to prove attempted robbery, the use of a firearm conviction fails
0506183 Jacques Adam Beim v. Roanoke County Department of Social Services 09/25/2018
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
0517181 David Daggett v. Old Dominion University/Commonwealth of Virginia 09/25/2018
No error in Commission’s finding that appellant failed to prove his injuries resulted from an identifiable incident or sudden precipitating event and thus failed to prove he suffered a compensable injury by accident
0521183 Robyn Sanette Musolff v. Roanoke County Department of Social Services 09/25/2018
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0592181 Kamco Building Supply Corporation and PA Lumbermen's Mutual Insurance Company v. Eric Heard 09/25/2018
No error in Commission’s finding that appellee was entitled to permanent total disability benefits
0977172 Jerelyn Aymarie Sutter v. Commonwealth of Virginia 09/25/2018
Trial court did not err in instructing the jury; evidence was sufficient to convict appellant of animal cruelty and the malicious killing of the pig of another
1315171 Chaise Colwell Darley v. Commonwealth of Virginia 09/25/2018
Trial court erred in failing to strike the evidence of petit larceny where the evidence was insufficient to convict because the fingerprint evidence was not coupled with other circumstances tending to exclude the possibility that the fingerprint was impressed at a time other than that of the crime
1579171 Calvin Eugene Clark, Jr. v. Commonwealth of Virginia 09/25/2018
No error in trial court’s finding evidence was sufficient to prove appellant’s identity as the person who committed the offenses and to prove appellant conspired with another to commit grand larceny
1525172 Valerie Michelle Green v. Halifax County Department of Social Services 09/18/2018
Summary affirmance – appellant’s failure to challenge termination of her parental rights to her child under Code § 16.1-283(E)(i) renders moot her claims regarding termination of her parental rights under Code § 16.1-283(B) and (C)(2)
1540172 Brian Lowery v. Halifax County Department of Social Services 09/18/2018
Summary affirmance – trial court did not err in finding it was in child’s best interest to terminate appellant’s parental rights pursuant to Code § 16.1-283(C)(1)
0551181 Commonwealth of Virginia v. Crystal Alease Johnson 09/17/2018
Trial court did not err in suppressing appellee’s statements made before the magistrate and in finding the stop of appellee’s vehicle was lawful
0594183 Commonwealth of Virginia v. David Glenn Law 09/04/2018
Trial court erred in granting motion to suppress where appellee’s original detention was concluded and subsequent discussion was a new, consensual encounter and appellee gave consent to search during that encounter
1619172 Kimberly N. Willoughby v. Albemarle County Department of Social Services 08/28/2018
Trial court did not err in terminating appellant’s parental rights to her four children
1635172 Mark Dwayne Bishop v. Albemarle County Department of Social Services 08/28/2018
Trial court did not err in terminating appellant’s parental rights to his child
1942172 Robert London v. Virginia Department of Social Services 08/28/2018
Trial court did not err in finding evidence was sufficient to support the hearing officer’s decision or in denying appellant’s motion to enter new evidence
0555181 Commonwealth of Virginia v. Lorenzo Eugene Gholson 08/21/2018
Trial court did not err in suppressing appellee’s statements and evidence seized where record is devoid of sufficient evidence to establish probable cause that appellee ever possessed the drugs found in the home of his mother and brother
1532174 Ben Pourbabai v. Christine Pourbabai 08/21/2018
Decisions of trial court regarding equitable distribution, child custody, and visitation affirmed
1560174 Michael Civis v. Fauquier County Department of Social Services 08/21/2018
Trial court did not err in finding that appellant’s child was at risk of abuse or neglect or in approving the goal of adoption
1648171 City of Virginia Beach v. The Virginia Marine Resources Commission and Philip G. Hightower 08/21/2018
Trial court did not err in affirming Virginia Marine Resource Commission’s issuance of a riparian oyster-planting lease to appellee Hightower
1726174 Saria Civis v. Fauquier County Department of Social Services 08/21/2018
Trial court’s decisions finding that appellant’s child was at risk of abuse or neglect and approving the goal of adoption affirmed
2081171 Tamena Genell Wilson v. Fitzgerald Britton 08/21/2018
Trial court did not err in terminating appellee’s child support obligation to appellant; trial court erred in finding that obligation should cease as of May 25, 2010 and matter remanded to trial court for entry of an order terminating that obligation as of November 1, 2011
0179182 Sonya Brown King v. King George Department of Social Services 08/14/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1145172 Jennifer Suzanne Scheer v. David Clark Scheer 08/14/2018
Trial court did not err in reopening the record to permit additional evidence; trial court erred in not determining the amounts owed on student loan debt as of the date of separation
1323171 Tyeisha Antoinette Thrasher v. Newport News Department of Human Services 08/14/2018
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests, appellant had been unwilling or unable to remedy the conditions leading to foster care placement, and appellee made reasonable and appropriate efforts to help appellant remedy those conditions
1384174 Courtney R. Herbert v. Guy R. Joubert 08/14/2018
Trial court did not err in calculating the marital share of the increase in value of appellee’s interest in his company
0634183 Jamie Paul Desper v. Shenandoah Valley Department of Social Services 08/07/2018
Trial court did not err in finding that DSS had complied with statutory duty to investigate placing the minor child in the care of a relative; duty was satisfied when grandmother testified at ore tenus hearing
0650171 Fred M. Coleman v. Commonwealth of Virginia 08/07/2018
Trial court did not err in finding appellant guilty of a felony because his conviction of attempted petit larceny as a third or subsequent offense qualifies as an offense “punished as larceny” subject to penalty enhancement under Code § 18.2-104
1326173 Tracy W. Willard, a/k/a Willie Tracy Willard, s/k/a Tracy Willy Willard v. Commonwealth of Virginia 08/07/2018
Trial court did not abuse its discretion by imposing a certain probation condition for an indefinite term
1707171 Cynthia M. Owens & Richard L. Owens v. City of VA Beach & State Building Code Technical Review Board 08/07/2018
Judgment affirmed as the circuit court correctly concluded that the matter was moot
1882174 Community Alternatives VA v. Cynthia B. Jones, Director, VA Dept. of Medical Assistance Services 08/07/2018
Trial court did not err in upholding appellee’s decision finding it was entitled to retract Medicaid payments based on appellant’s failure to maintain adequate documentation
1568172 Tammy T. Ware v. Sudarsan Srinivasan 07/31/2018
Trial court did not abuse its discretion in calculating the distribution of the proceeds from the sale of the marital residence
1779173 Timothy Wayne Amos v. Mary Lou Dooley Amos 07/31/2018
Trial court did not err in finding that appellant’s argument regarding the period used to calculate the portion of his pension due to appellee was a clerical error in the final decree of divorce
1817171 Scott Anthony Oberlander v. Pamela Kaye Oberlander 07/31/2018
Trial court did not abuse its discretion in its application of Code § 20-107.3 or in denying appellant’s motion to continue
2049173 Jesse Burnette v. Roanoke City Department of Social Services 07/31/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
0028173 David Miller Frizzell v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to suppress, in precluding appellant’s expert witness from testifying about appellant’s specific mental state where the proffered testimony was based upon hearsay statements, and in rejecting appellant’s proposed jury instructions
0211182 Jacob Branch v. Richmond City Department of Social Services 07/24/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
0334183 Corey Leigh Jones, Sr. v. City of Lynchburg Department of Social Services 07/24/2018
No error in trial court’s finding that termination of appellant’s parental rights was in child’s best interests
0496171 James Edward Bellamy, Jr. v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to suppress where officer had sufficient reasonable suspicion of criminal activity to detain appellant long enough to allow drug dog to confirm or allay that suspicion
0980171 Danielle Clark, a/k/a Danielle Stiff, a/k/a Danielle Slater v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence was sufficient for the jury to conclude appellant threw a rock through the victim’s window breaking it and causing injury to the victim
1081174 Chelie L. Casswell v. Commonwealth of Virginia 07/24/2018
No error in appellant’s conviction of child cruelty where the evidence was sufficient to demonstrate appellant’s conduct went beyond mere inattention and inadvertence
1302174 Tony Lynell Bost v. Commonwealth of Virginia 07/24/2018
Trial court did not err in imposing a five-year term of unsupervised probation after the trial court revoked appellant’s two previously suspended sentences
0055181 Lawrence Campbell v. Newport News Shipbuilding & Dry Dock Co. & Huntington Ingalls Industries, Inc. 07/17/2018
No error in Commission’s finding that appellant’s 1972 left wrist injury claims are barred by the applicable statute of limitations
0231173 John Wayne Smith v. Commonwealth of Virginia 07/17/2018
Trial court did not err in refusing to quash ten counts of the thirty-count indictment against appellant due to prosecutorial vindictiveness
0238172 Charles Nicholas Nordan, s/k/a Charles Nick Nordan v. Commonwealth of Virginia 07/17/2018
Trial court did not err in finding no fatal variance existed between the indictments and the evidence presented at trial, in finding appellant used corporate funds on expenses unrelated to the operation of those businesses, and in finding appellant acted with fraudulent intent as he had no reason to believe he had a legitimate claim to right to use the funds as he did
0401181 Steven Whiting v. Gloucester County Department of Social Services 07/17/2018
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his child was in child’s best interest
0615172 Ryan Oneal Davis v. Commonwealth of Virginia 07/17/2018
No reversible error in trial court’s admission of the unredacted autopsy report; trial court did not err in denying appellant’s motion to strike the evidence
1807161 Kareem Hasson Turner v. Commonwealth of Virginia 07/17/2018
No error in jury’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant was guilty of first-degree murder and use of a firearm in the commission of that murder
0031184 Mirna Rivera v. Kohl's Department Stores, Inc. and New Hampshire Insurance Company 07/10/2018
No err in the Commission’s finding that appellant failed to meet her burden to prove that she suffered within the time limitations of Code § 65.2-708 a left leg disability which was the consequences of the workplace injury
0212182 Commonwealth of Virginia v. Kenneth Darrell Jenkins 07/10/2018
Trial court erred in finding that police lacked a reasonable articulable suspicion of criminal activity to support the stop of appellee; suppression order reversed
0396174 Gerald Franklin Dodson v. Commonwealth of Virginia 07/10/2018
Appellant’s argument that the trial court erred in failing to properly instruct the jury regarding appellant’s right to not testify at his preliminary hearing barred by Rule 5A:18
0399183 Paula Daywalt v. Harrisonburg Rockingham Social Services District 07/10/2018
Summary affirmance – trial court did not err in finding that the appellee investigated possible relative placements, but none were suitable, and in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)
0486171 Sarah Elizabeth Flanders v. Commonwealth of Virginia 07/10/2018
No err in trial court’s findings that evidence was sufficient to prove criminal agency and that the convictions of felony second-degree murder and felony hit and run did not violate appellant’s constitutional protection against double jeopardy
0710173 Jerry William McCoy v. Commonwealth of Virginia 07/10/2018
Trial court did not err in denying motion to strike and motion to dismiss because the evidence was sufficient to support appellant’s convictions of aggravated sexual battery of a child and taking indecent liberties with a child
1838171 James David Everett, II v. Kathryn Jean Tawes 07/10/2018
Trial court did not err in its refusal to retroactively modify accrued pendente lite arrearages
1839171 Kathryn Jean Tawes v. James David Everett, II 07/10/2018
Trial court did not err in its determination of appellee’s income and the amount of permanent spousal support awarded to appellant
1868173 Patsy Caskey Gadpaille v. Charles Key Gadpaille 07/10/2018
Judgment of trial court regarding spousal support and reimbursement of appellee by reducing appellant’s interest in the marital share of appellee’s retirement is affirmed
1092173 Dominique Nyree Waters v. Commonwealth of Virginia 07/03/2018
No err in trial court’s finding that appellant failed to perfect appeal from JDR court to circuit court and in trial court’s denial of appellant’s motions to quash the indictments
1229173 Shannon Strother v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
1422173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1423173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1424173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1517174 Clifton Antony Grant v. Toni Gail Walters 07/03/2018
Summary affirmance – trial court did not err in denying appellant’s motion to correct the record
1780174 Juan A. Rosado Aviles v. Kerri E. Lewis 07/03/2018
Trial court erred in finding appellant in contempt, but did not err in denying appellant’s request for attorney’s fees and costs
0020183 Misty P. Watkins v. City of Roanoke Department of Social Services 06/26/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0477174 Michael Andrew Maldini v. Commonwealth of Virginia 06/26/2018
Any error by trial court in limiting appellant’s cross-examination of victim harmless given other overwhelming evidence of appellant’s guilt; trial court did not abuse its discretion regarding testimony of detective
0687154 Dorothy Elizabeth Cilwa v. Commonwealth of Virginia 06/26/2018
Upon Remand from Supreme Court – no error in revocation of appellant’s suspended sentence where circuit court had jurisdictional authority over appellant and her case when it revoked her suspended sentence
0827172 Hasaan S. Williams v. Commonwealth of Virginia 06/26/2018
No error in trial court’s finding that appellant possessed the heroin and that he intended to distribute it; appeal dismissed insofar as it pertains to conviction of possession with intent to distribute heroin on school property
1777172 Joel East Davis, II v. Charlotte County Department of Social Services 06/26/2018
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights and adoption were in child’s best interest
1959164 Donald Dravell Robinson v. Loudoun County 06/26/2018
Appellant’s conviction under Loudoun County ordinance § 654.09 affirmed where that ordinance is not unconstitutionally overbroad or vague
0352174 Robert Leigh Stoltz v. Commonwealth of Virginia 06/19/2018
Evidence was sufficient to prove appellant knew or had reason to believe that he was communicating with a minor; conviction of using a computer to solicit a minor affirmed
0831172 Carlos Camacho Garcia v. Commonwealth of Virginia 06/19/2018
No error in trial court’s finding that appellant’s convictions of felony identity theft, second offense and falsely identifying himself to a police officer did not violate appellant’s constitutional protection against double jeopardy
0131183 Commonwealth of Virginia v. Calvin Wayne Craighead 06/12/2018
Trial court erred in attributing delays caused by the absence of appellee’s initial trial attorney to the Commonwealth
0421173 Brent Ray Doss v. Commonwealth of Virginia 06/12/2018
No error in trial court’s findings that the owner of the vehicle impliedly authorized another to sign the title to the truck and that the evidence was sufficient to convict appellant of grand larceny of a motor vehicle
0687171 James McKinley Taylor v. Commonwealth of Virginia 06/12/2018
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant constructively possessed the cocaine; trial court did not render inconsistent verdicts
0989171 Ronald Lanard Malone v. Commonwealth of Virginia 06/12/2018
Trial court did not err in applying the new and distinct crime exception and in denying appellant’s motion to suppress the weapon
1447171 Virginia Department of Social Services v. Erica Betts 06/12/2018
Decision of trial court regarding the finding of level three abuse affirmed in part, reversed in part, and vacated in part
1719173 Hameen Irvin v. Roanoke County Department of Social Services 06/12/2018
Appellant’s challenge to termination of his parental rights under Code § 16.1-283(C)(2) rendered moot by his failure to challenge the termination under Code § 16.1-283(C)(1); trial court did not err in approving foster care goal of adoption
1869173 Pittsylvania County Board of Supervisors and North River Insurance Company v. Janna Hall 06/12/2018
No error in Commission’s decisions awarding appellee medical benefits and declining to appoint a disinterested physician pursuant to Code § 65.2-606
0384171 Arnold James Price, Jr. v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to dismiss where there was no violation of appellant’s statutory speedy trial rights
0780171 James Melvin Howard v. Commonwealth of Virginia 06/05/2018
No error in appellant’s convictions of possession of heroin and possession of fentanyl contained in one capsule where appellant was aware of the capsule’s presence in his pocket and knew that it contained at least one controlled substance
0888171 Jahsaad Kywan Livingston v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was guilty of abduction for pecuniary gain, conspiracy to commit abduction, and use of a firearm in the commission of abduction
1132172 Alan D. Weber v. County of Henrico 06/05/2018
Trial court did not err in finding appellant in civil contempt based on his failure to comply with orders requiring him to abate all zoning violations on his residential property and maintain compliance with the County’s zoning ordinance
1835163 Orbin Dewayne Bledsoe v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was driving on a “highway” as defined in Code § 46.2-100(ii)
1977174 Sabrina Lewis v. Covenant Holdings Group, LLC and Flagship City Insurance Company 06/05/2018
No error in Commission’s finding that appellant failed to prove her injury arose out of her employment
2068172 Commonwealth of Virginia v. Amir Fareed Suluki 06/05/2018
Trial court erred in suppressing evidence obtained during search of appellee where the appellee was lawfully handcuffed during an investigative detention and his resistance to efforts to handcuff him provided probable cause to arrest for obstruction of justice
0808172 Harry M. Williams, Jr. v. Commonwealth of Virginia 05/29/2018
Trial court erred in finding that appellant’s federal conviction under 18 U.S.C. § 922(g) was substantially similar to a violent felony offense in Virginia as defined in Code § 17.1-805; remanded to trial court for resentencing
0893171 Raymond Dorell Warren v. Commonwealth of Virginia 05/29/2018
No error in trial court’s finding that evidence was sufficient to prove appellant intended to and did obstruct the officers from performing their duties
1334172 Charles C. Pattillo, Jr. v. Alison Pattillo 05/29/2018
Trial court did not abuse its discretion in awarding spousal support to appellee notwithstanding appellee’s adultery
1508172 Sundersingh Bala v. Virginia Retirement System 05/29/2018
Trial court did not err in affirming appellee’s decision that appellant knew or should have known that he would forfeit his Workforce Transition Act credit upon returning to work with the Commonwealth
1214172 Carlos Stevenson Chambers v. Commonwealth of Virginia 05/22/2018
Evidence was sufficient to prove both a breaking and entering and grand larceny
0470174 Juan Amarndo Candelaria v. Commonwealth of Virginia 05/15/2018
Any error by trial court in admitting statements at issue harmless where statements were corroborated by and cumulative of additional competent evidence presented at trial
1364172 William Terrelle Henderson v. Brigitta Henderson 05/15/2018
Trial court erred in failing to deduct the amount of the secured debt in determining the value of one of the parties’ marital assets before distributing it between the parties
1402172 Brigitta Henderson v. William Terrelle Henderson 05/15/2018
No reversible error in those parts of trial court’s order regarding equitable distribution, child support and spousal support challenged in this appeal
0694173 Landon Conner Keith v. Commonwealth of Virginia 05/08/2018
Trial court did not abuse its discretion in ordering appellant to pay restitution for his victim’s funeral expenses
0821172 Kelly A. Dickerson v. Commonwealth of Virginia 05/08/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of nineteen counts of embezzlement
1219173 Mark Austin Martin v. Commonwealth of Virginia 05/08/2018
Trial court did not err in denying appellant’s motion to suppress
1286173 Galen Jay Moret v. Karen Elizabeth Moret 05/08/2018
No reversible error in trial court’s decision declining to reconsider appellant’s child support arrearages, awarding $1,000 per month in spousal support to appellee, and awarding an equitable distribution credit to appellee
1506172 Daniela Sternberg v. Spotsylvania County Department of Social Services 05/08/2018
Trial court erred in finding evidence was sufficient to support orders terminating appellant’s parental rights to her child and approving change in goal for the foster care plan from return home to adoption
0054172 Ryan Nicholas Smiley v. Commonwealth of Virginia 05/01/2018
Trial court did not abuse its discretion by denying appellant’s pretrial motion for the appointment of a forensic interviewer
0662171 Kashawna Jean Moore v. Commonwealth of Virginia 05/01/2018
Trial court did not err in denying appellant’s motion to dismiss where the offenses of improper driving and unlawful wounding involve different acts and different evidence was required to support each conviction
0699172 Makesha Johnson v. Commonwealth of Virginia 05/01/2018
Trial court did not err in refusing appellant’s motion for a mistrial or in refusing to give appellant’s proffered jury instruction
0721172 Debora Kay Moore v. Commonwealth of Virginia 05/01/2018
Trial court did not err in denying appellant’s motion to strike and convicting appellant of two counts of assault of a law enforcement officer where appellant’s overt acts were sufficient to establish the elements of assault were directed at both officers
0760171 Ricky Davis, s/k/a Ricky G. Davis v. Commonwealth of Virginia 05/01/2018
Appellant’s argument that the trial court erred in denying him the ability to waive the assistance of counsel at his probation revocation hearing barred by Rule 5A:18
1414171 Marvin Robert Staley, Sr. v. Olivia Delores Bryant Staley 05/01/2018
Appeal dismissed where this Court does not have jurisdiction to review a trial court’s ruling dismissing a rule to show cause
1821172 Commonwealth of Virginia v. Antonio Jermaine Spencer 05/01/2018
Trial court erred in granting the motion to suppress the firearm that was discovered as a result of a search of appellee’s person where appellee was not seized for Fourth Amendment purposes until after discovery of the marijuana and appellee’s actions constituted consent for the officer to open the pill bottle containing the marijuana
1840172 Commonwealth of Virginia v. Sarah Beth Smith 05/01/2018
Trial court erred in granting the motion to suppress where the officers obtained the marijuana and other inculpatory evidence through the unchallenged search warrant
1841172 Commonwealth of Virginia v. Clint Wayne Cockrill 05/01/2018
Trial court erred in granting the motion to suppress where the officers obtained the marijuana and other inculpatory evidence through the unchallenged search warrant
0341173 Katherine Nicole Dellis v. Commonwealth of Virginia 04/24/2018
Trial court did not err in denying appellant’s motion to dismiss where a stillborn fetus falls within the applicable statutory definition of a dead body; appellant’s conviction for concealing a dead body affirmed
0560172 John Carpenter v. Virginia Department of Social Services 04/24/2018
No error in trial court’s finding that the decision of the hearing officer was not contradictory to law
0931174 Ivan Rucker v. Alexandria Department of Community and Human Services 04/24/2018
Trial court did not err in terminating appellant’s parental rights to his child
0947171 James Antonio Fuller v. Commonwealth of Virginia 04/24/2018
No error in trial court’s finding that evidence was sufficient to prove appellant failed to provide his identifying information to the woman whose vehicle he hit; any error by trial court in refusing to admit impeachment evidence of appellant’s former attorney harmless
1671161 Stephen D. Rankin v. Commonwealth of Virginia 04/24/2018
Trial court did not abuse its discretion in refusing to allow appellant’s witness to testify as an expert or in denying appellant’s motion for a mistrial based on juror contact with a courtroom observer
1852174 Anita Shana-Nicole Simms v. Alexandria Department of Community and Human Services 04/24/2018
No reversible error in trial court’s finding that there was sufficient evidence to support termination of appellant’s parental rights to her children
0043173 Lanikki Korean Edwards v. Commonwealth of Virginia 04/17/2018
Trial court did not err in revoking appellant’s suspended sentence after the trial court entered a previous order abating her probation while she served an unrelated active term of incarceration
0048174 Eric Christian Lally v. Commonwealth of Virginia 04/17/2018
Appellant’s argument barred by Rule 5A:18 where appellant failed to object to the prosecutor’s statements at sentencing and failed to request a cautionary instruction or move for a mistrial; appellant failed to meet his burden of proof to apply ends of justice exception
0535172 Nathan Lee Shanklin v. Commonwealth of Virginia 04/17/2018
Appellant’s argument that the trial court erred by imposing a waiver of his Fourth Amendment rights as a condition of his supervised probation barred by Rule 5A:18; appellant is not entitled to the ends-of-justice exception to excuse his failure to register a contemporaneous objection
0826172 Thomas Sydney Turner v. Commonwealth of Virginia 04/17/2018
Evidence was sufficient to support a finding that appellant knowingly failed to re-register as a violent sex offender within the ninety days required
1113172 Michael J. Hill v. Brittney M. Thomas 04/17/2018
Trial court erred in sustaining appellee’s demurrer where appellant’s complaint sufficiently alleged that appellee ended their matrimonial cohabitation with the intent to desert and appellant did not need to allege facts showing his lack of consent to the desertion
1459174 Heidi Maikai Scalzott v. Todd Alan Scalzott 04/17/2018
Trial court did not abuse its discretion in denying appellant’s request for attorney’s fees
1514173 Chyna Roxanne Reed v. Roanoke City Department of Social Services 04/17/2018
No error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to her children and that termination was in children’s best interests
1658173 Paramont Coal Company Virginia, LLC & Summit Point Insurance Company v. Carson Vanover 04/17/2018
Commission did not err in its interpretation of Code § 65.2-504(A)(4), appellee sustained his evidentiary burden, and the award of permanent total disability benefits to appellee is affirmed
1919162 Rashid Hakim Holman v. Commonwealth of Virginia 04/17/2018
Appellant’s argument whether trial court erred in considering facts from a prior trial in which he was acquitted at his revocation proceeding barred by Rule 5A:18 and ends of justice exception does not apply; any error in admitting portions of the violation report harmless
0169173 Albert Henry Christy, Jr. v. Commonwealth of Virginia 04/10/2018
Evidence was sufficient to prove appellant knowingly possessed the three orphan images of child pornography on his computer
0282173 Dwayne Anthony Hairston, s/k/a Dwyne Anthony Hairston v. Commonwealth of Virginia 04/10/2018
Trial court did not abuse its discretion in admitting evidence where the evidence provided relevant, material insight into elements of the charged offenses and established a common scheme, plan or design and trial court undertook a review to balance the probative value against the prejudicial effect
0914172 Keith Wayne Alvis v. Amanda F. Thornton and Shawn B. Foster 04/10/2018
Trial court abused its discretion by denying appellant’s motion for a transportation order without ensuring appellant had the opportunity to participate in the adoption proceedings that resulted in the termination of his parental rights
0972161 Alfred Darnell Lane v. Commonwealth of Virginia 04/10/2018
No error in finding that evidence was sufficient to prove a breaking occurred
1353173 Christina Lynn Stewart v. Harrisonburg Rockingham Social Services District 04/10/2018
Trial court did not abuse its discretion in denying appellant’s motion for a continuance and finding appellant failed to prosecute her appeal from the juvenile and domestic relations district court; appellant has not shown she was prejudiced by the trial court’s denial of her motion for a continuance
1479173 Lynchburg General Hospital and Sentry Insurance Co. v. Zachary D. Foster 04/10/2018
Commission erred in awarding benefits for injuries resulting from a vasovagal syncopal episode where no credible evidence exists in the record to support a finding that appellee’s injuries were caused by a non-physical or emotional factor
1492172 Patrick McGarrity v. Emily McGarrity 04/10/2018
Judgment of trial court valuing and distributing the parties Barrios 401(k) plan affirmed
1020172 John Elmore Gibbs v. Commonwealth of Virginia 04/03/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of felony child neglect where appellant acted with reckless disregard for the life and safety of the child by leaving him alone in their apartment for almost an hour to drive to a prescheduled meeting
1044174 Philip P. Wilson v. Hana Slivka 04/03/2018
Trial court did not err in calculating appellant’s gross income, in finding appellee’s actual gross income was $1000, or in awarding attorney’s fees to appellee; as trial court did not deviate from the presumptive guidelines or impute income to appellant, no written findings were required
1070163 Vincent Earl Spinner v. Commonwealth of Virginia 04/03/2018
Trial court did not err in denying appellant’s motion to suppress statements made to the police where the Miranda warnings given to appellant effectively informed him of his constitutional rights; any error by trial court resulting from admission of jail records derived from appellant’s mental health disclosures harmless
0269171 Tamara Felicia Brown v. Commonwealth of Virginia 03/27/2018
Trial court did not abuse its discretion in denying appellant’s post-sentencing motion to withdraw her guilty pleas where appellant did not meet her burden of establishing manifest injustice resulted from her guilty pleas
0347173 Ronnie Lee Stone v. Commonwealth of Virginia 03/27/2018
Trial court did not err in finding appellant possessed a firearm in connection with his distribution of cocaine, second or subsequent offense convictions and the mandatory minimum sentence waiver under Code § 18.2-248(C) inapplicable
1114162 Natajh Munford, s/k/a Natajh Devon Munford v. Commonwealth of Virginia 03/27/2018
Trial court erred in not permitting the appellant to question the jury about the possible prejudice caused by appellant wearing jail attire
1655172 Harry Michael Moy, Jr. v. Linda Sisk Moy 03/27/2018
Trial court did not err in interpreting the parties’ separation agreement
1703164 Cecil Guy Truman v. Commonwealth of Virginia 03/27/2018
Appellant’s first assignment dismissed where it is beyond the scope of this Court’s subject matter jurisdiction; ends of justice exception does not apply to appellant’s second assignment of error and it is barred by Rule 5A:18
1971163 Mitzi Bishop Denson v. Commonwealth of Virginia 03/27/2018
Trial court did not err in denying appellant’s motion to strike the evidence of manufacturing methamphetamine where there was sufficient evidence that appellant acted as an accessory before the fact in the manufacture of the methamphetamine recovered by the officer
0240171 Bronson Anthony Cunningham v. Commonwealth of Virginia 03/20/2018
No error in trial court’s finding that evidence was sufficient to prove appellant willfully concealed merchandise
0265174 Michael Anthony Young v. Commonwealth of Virginia 03/20/2018
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where even though the Commonwealth’s discovery failures necessitated the court-ordered continuance, the trial court found the Commonwealth did not act in bad faith and the continuance was pursuant to an implied exception to Code § 19.2-243
0304171 Deviyon Marquette Nichols v. Commonwealth of Virginia 03/20/2018
Trial court did not err in denying appellant’s request to have hearing on suppression motion and jury trial on same day, in denying appellant’s motion to suppress his statements to police, and in denying his motion to dismiss on speedy trial grounds
0380174 Brian Green v. Sharon Robertson, f/k/a Sharon Green 03/20/2018
Trial court did not err in interpreting the language in the parties’ property settlement agreement incorporated in the divorce decree or in ordering reimbursement of uncovered medical expenses on behalf of the parties’ child to appellee despite not finding appellant in contempt
0479172 Harry Lionel Hunter, Jr. v. Commonwealth of Virginia 03/20/2018
Appellant’s first assignment of error barred by Rule 5A:18; trial court’s finding that evidence was sufficient to prove appellant possessed the necessary intent affirmed
0638173 Latoya Denise Jefferson v. Commonwealth of Virginia 03/20/2018
Appellant’s convictions of two counts of welfare fraud affirmed where trial court did not abuse its discretion in curtailing cross-examination, did not err in denying appellant’s motion to strike as Commonwealth’s evidence proved appellant’s benefits overpayment exceeded $200, and any error in admitting document at sentencing harmless
0913172 Tina Lynn Tolley v. Terry Lou Tolley 03/20/2018
No error in trial court’s decision to grant the adoption petition regarding appellant’s child where appellant withheld her consent to the adoption contrary to the child’s best interest
1226173 Constance Brown v. Shenandoah Valley Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(1)
1397172 Howard Allen Groffel v. New Kent Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
1427172 Lisa Marie Groffel v. New Kent Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0885172 Calvin Cardale Townes v. Commonwealth of Virginia 03/13/2018
Appellant’s argument that trial court erred by denying appellant’s request to withdraw his earlier jury waiver barred by Rule 5A:18 where appellant never presented a motion to withdraw the waiver to the trial court; evidence was sufficient to prove appellant possessed the firearm found by the police that evening near where appellant fell
0986173 Danny Lee Grizzard v. Sonny's Automotive Racing, Inc. & Sentry Insurance A Mutual Company 03/13/2018
No err in Commission’s finding that the 2011 stipulated order permitted employer to unilaterally terminate attendant care benefits upon receiving evidence that conditions justified a change in care
1019172 Diane K. Gaspa v. Thomas P. Gaspa 03/13/2018
Trial court did not abuse its discretion in admitting exhibit and using it to value appellant’s retirement accounts and awarding appellee a portion of those accounts where the answers by appellant to counsel’s questions supported conclusion that the exhibit constituted an adoptive admission
1043174 Scott R. Giambattista v. Julie A. Giambattista 03/13/2018
Trial court did not abuse its discretion in denying appellant’s motion to reduce spousal support
1167173 Ralph Curtis Moore v. Dickenson County Department of Social Services 03/13/2018
Trial court did not err by admitting a video of appellant’s arrest into evidence and the remaining arguments in the termination of parental rights case were procedurally defaulted under Rule 5A:18
0086173 Daniel Ray Essenmacher v. Lynchburg Department of Social Services 03/06/2018
Trial court did not err in approving the goal of adoption in the revised foster care plan and terminating appellant’s parental rights to his child
0087173 Daniel Ray Essenmacher v. Lynchburg Department of Social Services 03/06/2018
Trial court did not err in approving the goal of adoption in the revised foster care plan and terminating appellant’s parental rights to his child
0464171 Raynard Reginald Brown v. Commonwealth of Virginia 03/06/2018
Trial court did not err in denying appellant’s motion to set aside the verdict; as appellant did not specifically move to strike doctor’s expert opinion as inadmissible, his argument raised on appeal barred by Rule 5A:18
0609172 Carolyn Lane-Alvis v. Richmond Department of Social Services 03/06/2018
Trial court did not err in terminating appellant’s parental rights to her children
1558174 Summer Robinson v. Warren County Department of Social Services 03/06/2018
Summary affirmance – no error in orders terminating appellant’s parental rights to one of her children and approving the foster care plan’s goal of adoption for another child
1657173 Harvey Shrewsberry v. Martinsville Machine Works, Inc. & American Builders Insurance Company 03/06/2018
No error in Commission’s finding that appellant failed to establish that his injuries arose out of his employment
0165171 Kelvin Javon Watford v. Commonwealth of Virginia 02/27/2018
No reversible error in trial court’s decision to give Commonwealth’s proffered instruction defining permanent and significant impairment
0235173 Victor Clay Barringer v. Commonwealth of Virginia 02/27/2018
Appellant’s conviction of misdemeanor reckless driving reversed and dismissed where Code § 46.2-856 is inapplicable to appellant’s conduct
0514172 Daniel Soriano Avila v. Commonwealth of Virginia 02/27/2018
No error in trial court’s finding that evidence was sufficient to prove appellant exercised the requisite care and control over the victim/child; conviction of indecent liberties with a minor affirmed
1146174 John Hvozdovic v. Sarah McGuire 02/27/2018
Trial court did not err in classifying certain assets as marital property, in finding appellant committed waste of a marital asset, or in its decision regarding lay witness testimony about the rental value of the marital home
1426173 Samuel Kevin Bridge v. Samuel A. Layne and Charlotte N. Layne 02/27/2018
No error in trial court’s finding that adoption of the child by appellees was in child’s best interests and that appellant was withholding his consent contrary to child’s best interests
0292172 Derrick Lamont Colbert v. Commonwealth of Virginia 02/20/2018
No error in trial court’s finding that evidence was sufficient to prove appellant was carrying a concealed weapon about his person
0424174 Gember Bonilla v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress evidence obtained from a warrantless stop where officer had reasonable, articulable suspicion at time of stop that appellant was involved in armed robbery and officer’s actions to effectuate stop did not convert investigatory stop into a custodial arrest
0460172 Bernard Lee Dodson v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress where once appellant’s actions gave officers probable cause to believe appellant had obstructed justice or assaulted a police officer, they could lawfully arrest him and lawfully conduct a search incident to that arrest
1158174 Michael Timmons v. Lilian Mutiso 02/20/2018
Trial court did not abuse its discretion in refusing to accept into evidence the child’s therapist’s recommendation regarding child custody and in finding appellant willfully violated the May 25, 2014 custody and visitation order; contempt finding affirmed
1369174 Howard Wells v. Automotive Service Garage and Graphic Arts Mutual Insurance Co. 02/20/2018
Commission did not err in denying appellant’s requested treatment as it was not causally related to his original compensable injury, in denying appellant’s request for a change in treating physician, and in refusing to award appellant attorney’s fees and deposition costs
1749174 Elnora Moses v. Alexandria Department of Community and Human Services 02/20/2018
Summary affirmance – no error in trial court’s orders finding appellant’s child was abused or neglected, terminating her parental rights to her child, and approving the foster care plan goal of adoption
1976162 Marquis Devon Cooke v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress the victims’ identification of appellant where those identifications were not the product of an unduly suggestive procedure
0328174 Ahmed Riyadh Aloudah v. Commonwealth of Virginia 02/13/2018
Trial court did not err in admitting the result of the preliminary blood test at the suppression hearing, in denying appellant’s motion to suppress the blood test results, and in finding evidence sufficient to support conviction; any error by trial court in refusing to defer disposition harmless
0344171 Jamar Dominic Green v. Commonwealth of Virginia 02/13/2018
No error in trial court’s decisions finding evidence sufficient to support appellant’s convictions and in refusing appellant’s proffered jury instructions; trial court erred in not requiring the Commonwealth to elect which firearm offense it would prosecute
0951173 Tasheika Deshae Davis v. Lynchburg Department of Social Services 02/13/2018
No error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to her child
1321171 Sheri Reddick v. Virginia Beach Department of Human Services 02/13/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1381172 William G. Clowdis, Jr., M.D. v. Virginia Board of Medicine 02/13/2018
Trial court did not err in affirming appellee’s decision removing the stay of suspension of appellant’s medical license where appellant failed to abide by the conditions required by an order of appellee
0217172 Montrio Santos Neville v. Commonwealth of Virginia 02/06/2018
Trial court did not err in revoking appellant’s suspended sentences after jury convicted him of distribution of heroin
0400174 Jose De Leon Garcia v. Commonwealth of Virginia 02/06/2018
Trial court did not err by admitting and considering the challenged statement where the statement did not constitute inadmissible hearsay
0966173 Bettina Dorr v. Lynchburg Department of Social Services 02/06/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to her child
1131164 Timothy Irvin Mears v. Commonwealth of Virginia 02/06/2018
No reversible error in trial court’s denial of appellant’s motion for a continuance where appellant failed to prove any resulting prejudice; his claim that trial court erred by failing to order a substance abuse assessment barred by Rule 5A:18
1235172 Shemika N. Skillings, f/k/a Shemika Franks v. Booker T. Franks 02/06/2018
Summary affirmance – no error in trial court’s order denying appellant’s motion to transfer venue and finalizing a prior order finding appellant in contempt of court
1310174 Mariah Smith v. Winchester Department of Social Services 02/06/2018
Summary affirmance – trial court did not err in terminating her parental rights to her child and approving the foster care plan’s goal of adoption
1529173 Daniel Wayne Dorr, Sr. v. Lynchburg Department of Social Services 02/06/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to his child
1693162 Montrio Santos Neville v. Commonwealth of Virginia 02/06/2018
No reversible error in trial court’s decision allowing the Commonwealth to introduce evidence of appellant’s nickname of “Grim Reaper” during trial where verdict of jury on conviction of distribution of heroin would have been the same, given the overwhelming evidence of appellant’s guilt
1813161 Brandon Dominic Winder v. Commonwealth of Virginia 02/06/2018
Trial court did not err in finding collateral estoppel did not require dismissal of appellant’s perjury charges or in finding evidence sufficient to support appellant’s perjury convictions; issue alleging Commonwealth failed to corroborate its allegations of perjury with two witnesses barred by Rule 5A:18
0272171 Kenneth Davis v. City of Hampton Department of Social Services 01/30/2018
No error in trial court’s finding that it was in the children’s best interest to terminate appellant’s parental rights
0897174 Christine McKinney v. Fairfax County Department of Family Services 01/30/2018
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to comply with the requirements of Code § 16.1-283(C)(2)
1208163 Edward Leroy Marshall, Jr. v. Commonwealth of Virginia 01/30/2018
No reversible error by trial court in refusing to provide jury with his proffered jury instruction concerning a voluntary intoxication defense
1376171 Commonwealth of Virginia v. Linwood Lester Rivera 01/30/2018
Trial court did not err in granting appellee’s motion to suppress where officer briefly extended the traffic stop in a manner that violated the appellee’s Fourth Amendment rights
1818164 Ian Richard Hughes v. Commonwealth of Virginia 01/30/2018
Any error by trial court in not hearing appellant’s motion in limine as untimely filed harmless where the trial court admitted the evidence subject to that motion without objection by trial counsel; argument regarding sufficiency of evidence barred by Rule 5A:18
2125161 James L. Diggs v. Commonwealth of Virginia 01/30/2018
Trial court did not err in denying appellant’s motion to suppress his statements made to police where appellant was not subjected to custodial interrogation and his statements were voluntary; trial court did not err in finding evidence sufficient to establish victim was mentally incapacitated and appellant had to specific intent to commit rape
0628172 Carnell Carrington v. Aquatic Company and Insurance Company of the State of Pennsylvania 01/23/2018
Commission did not err in finding the two causes rule did not apply and did not reject the parties’ stipulation as to the cause of appellant’s inability to work
0918172 Shari Sims-Bernard v. Stephen P. Bernard 01/23/2018
Trial court did not err in denying appellant’s motion to amend custody and visitation or in awarding the guardian ad litem fees and costs
1104164 David Michael Schmidt v. Commonwealth of Virginia 01/23/2018
Trial court did not err in admitting an autopsy report containing a portion created by a non-testifying witness; appellant’s convictions of felony child abuse and felony murder do not violate the Double Jeopardy Clause
1452174 Commonwealth of Virginia v. Kyle Emerson Yen 01/23/2018
Judgment of trial court suppressing evidence found as a result of a search reversed where appellee validly consented to a search of his person that led to the discovery of the cocaine
1576161 Jahsen Heard v. Commonwealth of Virginia 01/23/2018
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant participated in the attempted carjacking, conspiracy to commit carjacking, and robbery
0064174 James B. Spear, Jr. v. Nawara T. Omary 01/16/2018
Trial court did not err in vacating the child support modification order from the J&DR court for lack of jurisdiction
0843174 Matthew Mills v. Virginia Department of Social Services 01/16/2018
Decision of trial court upholding the appellant’s founded disposition of level three physical neglect based on inadequate shelter affirmed
0911174 Evangelia Gonzales v. Rafael A. Gonzales 01/16/2018
Trial court did not err in interpreting the pertinent section of the parties’ property settlement agreement as entitling appellant to one-half of the marital share of appellee’s Secret Service pension after appellee’s spousal support obligation to appellant concluded and appellant was not entitled to a lump sum of the pension income appellee received while she received spousal support
1058171 City of Norfolk v. Royce Munker 01/09/2018
Commission’s decision reversed where it did not determine whether appellee’s post-Katrina relief effort was same work or process of a firefighter paramedic
1270172 Jamie Cooks, Sr. v. Albemarle County Department of Social Services 01/09/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant did not maintain contact with the child or prepare for the child’s future and it found termination was in the child’s best interest
1390162 Gregory Anthony Taylor v. Commonwealth of Virginia 01/09/2018
No error in trial court’s finding that evidence, viewed under proper standard, was sufficient to find appellant used or attempted to use a firearm or displayed a firearm in a threatening manner while committing or attempting to commit first-degree murder of the victim
0107171 Justin Dean Hedgpeth v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was driving while intoxicated and that the evidence was thus sufficient to convict appellant of felony driving on a revoked license
0405171 Justin Seth Riley v. Commonwealth of Virginia 12/27/2017
Appeal dismissed where trial court did not have jurisdiction to amend appellant’s initial plea of guilty to a conditional plea as the original final order was not suspended, modified or vacated within the twenty-one-day limit of Rule 1:1
0673173 Tonya J. Cogar, s/k/a Tonya Lopez Cogar v. Shenandoah Valley Department of Social Services 12/27/2017
No error in trial court’s finding that appellant failed to remedy the conditions which required continuation of her children’s placement in foster care; termination of her parental rights to her children affirmed
0700172 Judith A. LaBrie v. David F. LaBrie 12/27/2017
Trial court did not err in granting appellee’ motion to reduce spousal support as the motion was not barred by res judicata and appellee proved a material change in circumstances supporting modification
0939171 Daniel J. Potas v. Marcia M. Potas 12/27/2017
Trial court did not err in modifying custody and visitation of the parties’ children
1228161 Phillip Robert Brooks v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding there was no fatal variance between the indictment and the evidence adduced at trial; trial court did not err in denying appellant’s motion to strike where the witness’ testimony was sufficient to convict appellant of obtaining money by false pretenses
1242171 Daniel J. Potas v. Marcia M. Potas 12/27/2017
Appellant’s arguments waived on appeal where he did not appeal the original child support order and agreed to correction of the clerical error in that order and the amended order did not reopen the child support matter
1350172 Commonwealth of Virginia v. Luther George Berry, III 12/27/2017
Appeal dismissed where the Commonwealth’s one appeal of the suppression ruling was abandoned by the Commonwealth making this appeal not properly before the Court
1574161 Roger Brian Clarke, II, s/k/a Roger Brian Clarke, Jr. v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding that there was authority under the Code for the probation officer to impose special instructions on appellant as part of officer’s statutorily mandated responsibility
0350173 John Wilkes Trent, Sr. v. Commonwealth of Virginia 12/19/2017
No error in trial court’s finding that Commonwealth presented the necessary “slight corroboration” of appellant’s confession to support a conviction of carnal knowledge of a minor; trial court erred in entering a conviction on and sentencing appellant for a conviction of possession of a Schedule I/II drug where a motion to strike that charge was granted
0357174 Marianne Francone v. Fairfax County Public Schools 12/19/2017
No error in Commission’s decision denying appellant’s claim for coverage for a total left knee replacement
0385164 Yeily Sandoval Rios v. Fairfax County Department of Family Services 12/19/2017
Trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1 283(C)(2) as appellant did not substantially remedy the conditions leading to the child’s placement in foster care
0578174 John Michael Boone v. Rebecca Ann Boone 12/19/2017
Trial court did not err by refusing to order a modification of spousal support retroactive to the date of appellant’s involuntary retirement
0678173 Barbara Anne Keen v. Gary Ricky Barnett and Annette Barnett 12/19/2017
Trial court did not err in permitting a close relative adoption of minor child after finding adoption was in best interests of child and all applicable statutes had been complied with
0708174 Thomas Richard Ward v. Kimberlyn Maravet Baig-Ward 12/19/2017
Summary affirmance – trial court did not abuse its discretion in entering the protective order in favor of appellee and the parties’ children
0748174 Sylvia D. Ross v. Donald M. Ross 12/19/2017
Error in part in trial court’s decisions regarding spousal support and equitable distribution
0820171 Songthara Omkar, Jr. v. Teresita C. Omkar 12/19/2017
Appeal dismissed for appellant’s failure to comply with Rule 5A:20(c)
0920162 Harold Benjamin, a/k/a Darrell Bernard Stewart, a/k/a Benjamin Harold v. Commonwealth of Virginia 12/19/2017
Rulings of the trial court regarding testimony relating to contents of telephone records and statements made by appellant’s brother did not constitute reversible error
1938152 Wesley Carlton Smith v. Commonwealth of Virginia 12/19/2017
Trial court did not err in denying appellant’s motion to suppress where the photo lineup was not unduly suggestive; no error in trial court’s finding evidence was sufficient to sustain appellant’s robbery conviction of one of the victims
0019172 Patricia A. Hartman, f/k/a Patricia A. Hogg v. Oakley W. Hogg, III 12/12/2017
Trial court did not err in finding appellant in contempt of the parties’ property settlement agreement or in ordering appellant to pay her share toward the parties’ children’s education
0038171 William Anthony Smith v. Commonwealth of Virginia 12/12/2017
Trial court did not err in admitting the addendum evidence over appellant’s objection or in finding appellant violated his probation by failing to follow the special instructions for sex offenders
0569174 Shannita Jones v. Arlington County Department of Human Services 12/12/2017
Trial court did not err in terminating appellant’s parental rights to her children and approving the goals of adoption
0703174 Brian I. Davis v. Meryl R. Davis 12/12/2017
Trial court did not err in finding a material changed in circumstances warranted a reduction in spousal support to appellee
1122164 Laronn J. Ramsuer v. Commonwealth of Virginia 12/12/2017
No error in trial court’s findings that appellant was “at liberty” under Code § 18.2-67.5:2 where appellant was on postrelease supervision for a previous offense and that appellant was not entitled to further investigation or a new trial based on his proffer of juror misconduct
1265162 Thomas Reed Roberts v. Commonwealth of Virginia 12/12/2017
Trial court did not err in denying appellant’s motion to suppress where the initial encounter was not a seizure, the seizure occurred after appellant’s flight and was supported by reasonable suspicion of criminal activity, and the officer had probable cause to believe the portion of the lottery ticket in appellant’s hand contained drugs
1398174 Carlson Holdings, Inc. and Ace American Ins. Co. (Trav. Indemnity Co.) v. Sergut Tibebu 12/12/2017
Summary affirmance – Commission did not err in finding appellee proved by clear and convincing evidence that she suffered from a compensable ordinary disease of life and in awarding temporary total and temporary partial disability benefits
2102161 Donald Brian Slentz v. Commonwealth of Virginia 12/12/2017
Trial court did not err in denying appellant’s motion to suppress where trooper had a reasonable, articulable suspicion that appellant committed a traffic offense and the traffic stop did not violate appellant’s Fourth Amendment rights
0014172 Carole R. Montgomery v. John W. Montgomery 12/05/2017
Trial court erred in imputing rental income to appellant from two properties owned by a family trust; trial court did not err in imputing income to appellant, in finding appellant’s expenses had changed little since parties’ divorce, in terminating the spousal support obligation to the first hearing date, or in denying appellee’s request for attorney’s fees
0278172 David Michael Abruzzese v. Commonwealth of Virginia 12/05/2017
Appellant’s arguments raised on appeal barred by Rule 5A:18
0414172 Dean McCluster, d/b/a McCluster Construction & Auto-Owners Insurance Company v. Virgillio Baltazar 12/05/2017
No error in composition of Commission where the review panel hearing appellants’ motion to reconsider was in accordance with the law; no error in Commission’s finding that appellee sustained compensable injuries arising out of and in the course of his employment
1024174 Commonwealth of Virginia v. Dania Merlin Lemus 12/05/2017
Trial court erred in granting appellee’s motion to suppress where totality of circumstances was sufficient to determine there was a probability or substantial chance that appellee committed offense of DUI
1354141 Eliseo Granado, Jr. v. Commonwealth of Virginia 12/05/2017
Trial court did not err in denying appellant’s motion to suppress where officers had reasonable and articulable suspicion of criminal activity to continue appellant’s detention beyond concerns of disorderly conduct or that he was armed to investigate whether he was driving under the influence
1709162 Jhavar Yomont Smith v. Commonwealth of Virginia 12/05/2017
Appellant’s assertion that officer coerced him into removing straw from his watch pocket during stop barred by Rule 5A:18; trial court did not err in denying appellant’s motion to suppress
2044162 Stacey A. Wharam, f/k/a Stacey Austin v. Richard E. Austin 12/05/2017
Judgment of trial court awarding appellee child support and finding appellant in contempt for failure to comply with a previous order and awarding appellee restitution affirmed in part and reversed and remanded in part
0315174 Paul M. Pacheco v. J.P. Masonry, Inc. and Accidental Fund National Insurance Company 11/28/2017
No error in Commission’s finding that appellant failed to prove the running blade was medically necessary
0455174 Dominique Tiara Nash v. Arlington County Department of Human Services 11/28/2017
Termination of appellant’s parental rights to her child affirmed as appellant failed to comply with Rules 5A:18 and 5A:20 and failed to challenge an alternative holding supporting termination
1712162 Martonio Leon Coleman v. Commonwealth of Virginia 11/28/2017
No error in trial court’s finding that appellant was aware of the presence and character of the firearm and that it was subject to his dominion and control
1965162 Colleen Beth Higgins v. Laurie John Pearce 11/28/2017
Trial court did not err in awarding sole physical and legal custody of the parties’ minor child to appellee
0223171 April Dilaura v. Norfolk Department of Human Services 11/21/2017
Appellant’s failure to assign error to the trial court’s decision to terminate her parental rights and her failure to comply with Rule 5A:20(e) prevents this Court from addressing the termination of appellant’s parental rights to her children; even if appellant had correctly assigned error and her brief had been adequate, termination was in children’s best interest
0268171 Jahlmaar Keith Overton v. Commonwealth of Virginia 11/21/2017
Trial court erred in imposing a period of three years of good behavior for appellant’s conviction for use of a firearm in the commission of a felony where no suspended term of post-release supervision was imposed and that provision exceeded the punishment authorized by Code § 18.2-53.1
0309172 Shelby McCurnin, Jr., s/k/a Shelby F. McCurnin, Jr. v. Commonwealth of Virginia 11/21/2017
Trial judge did not abuse his discretion in denying appellant’s motion for recusal or in finding evidence was sufficient to prove appellant intentionally, rather than accidentally, filmed the victims without their consent
0311162 Thomas Bartholomew Simpson v. Commonwealth of Virginia 11/21/2017
No reversible error in trial court’s decision to admit a portion of a 911 recording in which a child’s statement is audible in the background or to admit screenshots of text messages received by the victim
1982162 Levert Alexander Cosby v. Commonwealth of Virginia 11/21/2017
Trial court erred in granting Commonwealth’s motion in limine and sustaining the Commonwealth’s objection to the witness’ testimony regarding the time appellant appeared at the courtroom on the day of his trial; conviction of felony fail to appear reversed and remanded
0065173 Lisa J. Yokshas & Scott L. Greaser v. Bristol City Department of Social Services 11/14/2017
Trial court erred in finding appellants lacked standing to file petitions for custody, a petition for adoption, and a petition for an injunction
0406174 Reginald Conrad Collard v. Patricia Ann Collins 11/14/2017
Trial court abused its discretion in awarding spousal support to appellee based on the pendente lite award and no evidence proved appellant’s income or ability to pay spousal support
0710161 Charles McKinley Washington v. Commonwealth of Virginia 11/14/2017
Revocation of appellant’s suspended sentence affirmed where appellant received his due process rights to notice and a hearing in the circuit court revocation proceeding regarding his termination from the drug treatment court program; argument appellant may have been able to assert to an entitlement to more process in the circuit court barred by Rule 5A:18
0859173 Zorija Castillo v. Catherine Bell 11/14/2017
Summary affirmance – trial court did not err in denying appellant’s petition to set aside the adoption of her two children
0937161 Lavonta Montreal Bland v. Commonwealth of Virginia 11/14/2017
No error in appellant’s convictions where he was not denied his right to a preliminary hearing on the charges for which he was convicted; appellant was not denied his statutory and constitutional right to a speedy trial
1241164 Oscar A. Rogriquez Grandados, s/k/a Oscar A. Rodriguez Granados v. Commonwealth of Virginia 11/14/2017
No error in finding that the evidence was sufficient to prove appellant had both express and implied power to direct or control the actions of the child and thus maintained a custodial or supervisory relationship over the child
1750164 Nathaniel Howard Moone, III v. Commonwealth of Virginia 11/14/2017
Appellant’s argument regarding sufficiency of the evidence to prove that the attempted robbery was accomplished by force or intimidation barred by Rule 5A:18
1894162 Rakell Kelvon Johnson v. Commonwealth of Virginia 11/14/2017
No error in trial court’s finding that evidence was sufficient to prove appellant countenanced, approved, and assisted in another’s actions and thereby aided and abetted in the carjacking
0017172 James L. Robertson v. Katisha L. Robertson 11/07/2017
Trial court erred in valuing and distributing appellant’s IRA; equitable distribution, spousal support and child support awards reversed and remanded to trial court for further consideration
0526161 Robert Christopher Ames v. Commonwealth of Virginia 11/07/2017
Trial court did not abuse its discretion in admitting testimony about appellant’s question and statement to the officers; evidence was sufficient to prove constructive possession of the firearm and marijuana and that the firearm was accessible for appellant’s immediate use
0898171 Lakeisha Dorothy Crump v. Portsmouth Department of Social Services 11/07/2017
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest
1535162 Norman Michael Roberts v. Commonwealth of Virginia 11/07/2017
Any error in admitting records from the National Precursor Log Exchange harmless where totality of the evidence established appellant’s guilt; convictions of manufacturing methamphetamine and conspiracy to manufacture methamphetamine affirmed
0472172 Holly Malone v. Dinwiddie Department of Social Services 10/31/2017
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B)
0631173 Robert Kirtley, Jr. v. Joel Cooper & Amguard Insurance Company 10/31/2017
No error in Commission’s finding that appellant was an independent contractor, not an employee, and was not entitled to an award of benefits
1089162 Teounta Ernest Lewis v. Commonwealth of Virginia 10/31/2017
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable articulable suspicion the stop the vehicle for an equipment violation
1309162 NaQuon Lee Mathis v. Commonwealth of Virginia 10/31/2017
Trial court did not err in denying appellant’s motion to suppress where the encounter between appellant and the officer remained consensual and appellant voluntarily complied with the officer’s directions and a reasonable person would have felt free to disregard the instructions or leave the scene
1641161 Timothy Dale Wadford v. Commonwealth of Virginia 10/31/2017
Trial court did not abuse its discretion in admitting a prior conviction order; evidence was sufficient to prove appellant operated a motor vehicle while intoxicated, third offense within ten years
1828161 Reggie Donnell Saunders v. Commonwealth of Virginia 10/31/2017
Convictions of two counts of possession of oxycodone with intent to distribute violate Double Jeopardy Clause; matter remanded to trial court to vacate one conviction and sentence
1852162 Thaddeus Anthony Ruane v. Cynthia Ann Ruane 10/31/2017
Trial court did not err in amending the QCO pursuant to Code § 8.01-428(B) where there was an inadvertent omission in the prior QCO that did not specify appellee was awarded the SBP
1893162 Sterling Capers, s/k/a Sterling Bernard Capers v. Commonwealth of Virginia 10/31/2017
Trial court did not err in refusing appellant’s proposed jury instruction regarding eyewitness identification, in denying appellant’s motion to strike the evidence, or in denying appellant’s motion to strike testimony of one witness
2126164 Deanna Longerbeam v. Fauquier County Department of Social Services 10/31/2017
Trial court did not err by terminating appellant’s parental rights to her children and approving the permanency plans with the goal of adoption for the children
0198172 Moffett Paving & Excavating & United Contractors of Virginia v. Donald Kelly 10/24/2017
No error in Commission’s finding that appellee continued to be disabled as a result of his work accident where appellants failed to prove appellee’s disability was no longer related to his work injury and failed to prove appellee was able to return to work
0467172 Juanita M. Washington v. Honeywell International, Inc., et al. 10/24/2017
Commission did not err in denying appellant benefits for injuries she suffered while crossing a public street that separates employer’s plant from a parking lot maintained by employer where the street appellant was crossing when she was struck was not part of employer’s premises and was not the sole and exclusive way of ingress and egress
1596161 Jordan Diangelo Champion v. Commonwealth of Virginia 10/24/2017
Trial court did not err in denying appellant’s motion to suppress his statements to the police where appellant intelligently, knowingly, and voluntarily waived his Miranda rights and appellant was not in custody for purposes of Miranda warnings during first phase of interview
0197172 Stanley Hubbard v. Cyrenne Hubbard 10/17/2017
Trial court did not err in denying appellant’s motion to amend spousal support where it determined that the change in circumstances did not warrant a modification of the spousal support award
0201173 Delos Lamont Wells, a/k/a Monty v. Commonwealth of Virginia 10/17/2017
Trial court did not err in denying appellant’s motion to suppress evidence obtained during a search of his person
1106163 Kevin Lee Dawson v. Commonwealth of Virginia 10/17/2017
No error in appellant’s conviction of driving after being declared an habitual offender where appellant failed to rebut the presumption of regularity concerning the prior adjudication
1716161 Benjamin James Madonia v. Commonwealth of Virginia 10/17/2017
Trial court did not err in denying appellant’s motion to exclude DNA evidence and the related certificates of analysis where the Commonwealth met its burden of establishing all vital links in the chain of custody; trial court did not abuse its discretion in refusing appellant’s proposed voir dire question where other questions covered the same ground as the excluded question
1838162 Tabias Dayon McClain v. Commonwealth of Virginia 10/17/2017
Trial court did not err in finding victim’s in-court identification of appellant was sufficiently reliable or in finding evidence was sufficient to convict appellant of malicious wounding and use of a firearm in commission of a felony
0127172 Marc Louis v. Spotsylvania County Department of Social Services 10/10/2017
Summary affirmance – termination of appellant’s parental rights to his child affirmed
0128172 Merley Jean Dorestal v. Spotsylvania County Department of Social Services 10/10/2017
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0887171 Jessica Gay v. Virginia Beach Department of Human Services 10/10/2017
Trial court did not err in terminating appellant’s parental rights to her children
1375163 Shebri Stacy Dillon v. Commonwealth of Virginia 10/10/2017
Trial court did not err in finding Roanoke County was an appropriate venue for appellant’s trial of uttering a forged public record which occurred at the Roanoke County courthouse located in the City of Salem
1489163 Robert Alan Novotny v. Commonwealth of Virginia 10/10/2017
Trial court did not err in denying appellant’s motion to suppress statements he made to an officer or in finding evidence was sufficient to convict appellant of involuntary manslaughter
0116171 Jay Hoon Kim v. Commonwealth of Virginia 10/03/2017
Trial court did not err in admitting appellant’s juvenile court conviction order into evidence where trial court made a factual finding that appellant was represented by counsel at the time of his juvenile court adjudicatory hearing
0303161 Chiquita Lynette Parker v. Commonwealth of Virginia 10/03/2017
Trial court did not abuse its discretion in admitting appellant’s DMV transcript into evidence
0313173 Woodrow W. Nelson v. Town of Christiansburg and Starnet Insurance Company 10/03/2017
No error in Commission’s finding that appellant’s injury did not arise out of his employment
0314172 Creative Energy Corporation of Richmond and Cincinnati Insurance Company v. Richard Howe 10/03/2017
Commission did not err in awarding benefits to appellee where credible evidence supports its finding that a causal relationship existed between appellee’s compensable left knee injury and the treatment of appellee’s right leg
0660173 Charlie Jeffreys v. The Uninsured Employer's Fund, et al. 10/03/2017
No error in Commission’s finding that appellees Historical Society and Church were not engaged in the construction business and were not appellant’s statutory or direct employers
0693173 The Uninsured Employer's Fund v. Charlie Jeffreys, et al. 10/03/2017
No error in Commission’s finding that appellees Historical Society and Church were not engaged in the construction business and were not appellant’s direct or statutory employers; matter remanded to Commission for entry of a revised order
0837163 Jake R. Jones, s/k/a Jake Robert Jones v. Commonwealth of Virginia 10/03/2017
Trial court erred in convicting appellant of interference with property rights of another where that offense is not a lesser-included offense of grand larceny
1518163 Owen Franklin Silvious v. Commonwealth of Virginia 10/03/2017
Trial court did not err in finding it had subject matter jurisdiction to act when it placed appellant on indefinite supervised probation until he completes his payment of restitution
1719161 Terry Stinnie v. Commonwealth of Virginia 10/03/2017
Trial court did not err in denying appellant’s motion to dismiss where there was no violation of appellant’s speedy trial rights
0805161 Kenneth Charles Vigil v. Commonwealth of Virginia 09/26/2017
No reversible error in appellant’s convictions of aggravated sexual battery where victim’s testimony was not inherently incredible, evidence was sufficient to support the convictions, and any error by trial court in admitting witness’ testimony that appellant did not deny the offenses was harmless
2030163 Monique Montrice Franklin v. City of Franklin Department of Social Services 09/26/2017
Trial court did not err in determining that appellee offered reasonable and appropriate services to appellant designed to remedy conditions leading to child’s placement in foster care or in refusing to give appellant additional time to manage her mental health issues with medication
0742172 Lisa M. Roessell v. David L. Bowles and Sherri J. Bowles 09/19/2017
No error in trial court’s finding that appellant withheld her consent to the adoption of her child contrary to best interests of child; order of adoption affirmed
1347162 Vernon Eggleston v. Commonwealth of Virginia 09/12/2017
Trial court erred in imposing post-release incarceration where order that sentenced appellant for underlying offenses ordered only a term of post-release supervision, not post-release confinement
1516164 James Warren Illetschko v. Jennifer Jo Illetschko 09/12/2017
Trial court did not err in declining to impute income to appellee from a second job or in denying appellant’s request for an award of attorney’s fees and costs
1145164 Bryant James Hatcher v. Renee Matthews 09/05/2017
Judgment of trial court regarding appellant’s motion to modify child support affirmed except insofar as it pertains to trial court’s calculations in child support guidelines which differed from the amount the trial court used in its letter opinion
1246162 John Edward Hardin v. Commonwealth of Virginia 09/05/2017
No error in trial court’s finding that evidence was sufficient to prove that appellant knew or should have known that his actions created a probability of serious injury and that he acted with a reckless or indifferent disregard to the rights of another; conviction of involuntary manslaughter affirmed
1344164 Pablo Jesus Lijeron v. Christian Paola Lijeron 09/05/2017
Trial court did not abuse its discretion in awarding primary physical custody of the parties’ child to appellee
1428164 Julia Selah v. William Selah 09/05/2017
No error in trial court’s finding that consent order terminated upon entry of final decree or in refusing to incorporate consent order’s support terms into final decree; trial court erred in not permitting parties to present additional evidence relevant to determination of spousal support
1636154 Umesh Kumar v. Commonwealth of Virginia 09/05/2017
Trial court did not err in denying appellant’s motion to dismiss, in denying appellant’s motion to suppress, in admitting certain exhibits notwithstanding appellant’s argument regarding chain of custody, or in denying appellant’s request for a jury instruction regarding Commonwealth’s destruction of evidence
1931161 Creichuan Garrett v. Commonwealth of Virginia 09/05/2017
Trial court did not abuse its discretion in sentencing appellant
1978161 Ramon Montrell Williams v. Commonwealth of Virginia 09/05/2017
Trial court did not abuse its discretion in sentencing appellant to active incarceration on his malicious wounding conviction
0618171 Allison Armiger v. Chesbay Distributing, LLC and Indemnity Insurance Company of America 08/29/2017
Summary affirmance – no error in Commission’s finding that appellant’s motion to reopen and vacate the petition and order settling all claims was untimely and that she failed to establish a mutual mistake of fact or other legal basis for vacating the petition and order
0654163 Charles Wilmer, s/k/a Charles Ronald Wilmer, II v. Commonwealth of Virginia 08/29/2017
Trial court erred in finding evidence sufficient to prove appellant acted willfully or with reckless disregard for his children; convictions of causing an act or omission which rendered a child neglected or abused reversed
1093163 Kenneth Edwards Hicks v. Commonwealth of Virginia 08/29/2017
Appellant’s argument regarding admission of certificate of analysis based on the lack of a search warrant barred by Rule 5A:18, any error in admitting certificate of analysis harmless where evidence was sufficient to prove appellant was driving under the influence, and trial court did not err in denying motion to strike the evidence and set aside the jury’s verdict
1324162 Jazmine N. Kersey v. Commonwealth of Virginia 08/29/2017
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest the appellant and her companion for possession of contraband and the search of the dollar bill was reasonable as incident to arrest
1541154 Ekaterina A. Chapin v. Bryan Theodore Chapin 08/29/2017
Trial court did not abuse its discretion by permitting appellee’s expert witness to testify and admitting expert’s report into evidence, in classifying certain assets as appellee’s separate property, in denying appellant’s motion for an alternative valuation date, or in refusing to award appellant additional attorney’s fees; no err in finding the prenuptial agreement was unenforceable
1862161 Jane E. Reid v. Angas W. Reid 08/29/2017
Trial court did not err in denying appellant’s motion to compel based on its interpretation of the parties’ property settlement agreement; remainder of appeal dismissed
0475164 Miguel Angel Salmeron v. Commonwealth of Virginia 08/22/2017
Appellant’s argument regarding whether questions posed to a witness were leading is barred by Rule 5A:18; evidence was sufficient for jury to conclude that appellant was guilty of abduction with intent to defile and two counts of aggravated sexual battery
1137164 Anthony Wayne Chaconas v. Commonwealth of Virginia 08/22/2017
Trial court did not err in granting the Commonwealth’s motion in limine and admitting evidence of prior crimes or bad actions
1199163 Alexander Earl Billow, s/k/a Alexander Earl Barlow v. Commonwealth of Virginia 08/22/2017
Trial court did not err in finding evidence was sufficient to prove appellant intended to deprive the victim of her personal liberty with the intent to sexually molest her
1361161 Torre A. Russell, s/k/a Torre Antwan Russell v. Commonwealth of Virginia 08/22/2017
Any error by trial court in admitting child’s statement to his father harmless where it was merely cumulative of nurse’s testimony regarding a nearly identical statement made to her; evidence was sufficient to find appellant guilty of cruelty and injury to a child
2074164 David Duane Davis v. Stafford County Department of Social Services 08/22/2017
Trial court did not err in terminating appellant’s parental rights to his children where DSS met its obligation under Code Section 16.1-283(A) and where the trial court’s best interest determination under Code Section 16.1-283 (C) was neither plainly wrong or without evidentiary support.
2120163 Gerry Axelson v. Pifer Construction, Inc., Erie Insurance Exchange, & The Uninsured Employers' Fund 08/22/2017
Commission did not err in determining that a claimant seeking statutory employee status under Code Section 65.2-302 must prove he is an employee of an uninsured subcontractor and in concluding that Code Section 65.2-101(1)(n) is the sole way in which the member of a single-member LLC can be found to be an employee.
0027174 Nicholas Maldonado v. Federal Express Corporation 08/15/2017
Commission did not err in finding appellant’s claim for permanent partial disability benefits was not timely filed as it had not been preserved by the benefits claims forms appellant had previously submitted which resulted in an award of medical benefits only
0842162 Tara Monique Thompson v. Commonwealth of Virginia 08/15/2017
Trial court erred in convicting appellant of Code § 18.2-371.1(A) where the evidence was insufficient to prove that appellant’s failure to take the child to see a medical provider actually ended up causing or permitting any additional serious injuries to the child’s health
1300164 Askia Cuff v. Commonwealth of Virginia 08/15/2017
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where it found motion was not made in good faith and appellant had not presented evidence of a reasonable defense to the charges
1537164 Jonathan & Carolyn Clark v. VA Dept of Housing & Community Dev State Building Code Technical, et al. 08/15/2017
Decision of trial court affirming appellees’ decisions regarding notice to appellants for violations of Uniform Statewide Building Code affirmed
1973163 Clinton Bradley Walker v. Campbell County Department of Social Services 08/15/2017
Trial court did not err in finding evidence was sufficient to terminate appellant’s parental rights to his child
1974163 Clinton Bradley Walker v. Campbell County Department of Social Services 08/15/2017
Trial court did not err in finding evidence was sufficient to terminate appellant’s parental rights to his child
2035162 Daniel Thornsbury v. Chesterfield-Colonial Heights Department of Social Services 08/15/2017
No error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interests and that appellant had not substantially remedied conditions that brought his children into foster care
0215174 Food/Bev Serv-Crystal City and Hyatt Corporation v. Tahssin Al-Boarab 08/08/2017
No error in Commission’s findings that appellee was totally disabled or that appellee did not unjustifiably refuse to cooperate with the vocation rehabilitation counselor
0229173 Tiffany Custis v. Harrisonburg-Rockingham Social Services District 08/08/2017
Trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest
0411173 Commonwealth of Virginia v. Amanda Collins 08/08/2017
Trial court erred in granting appellee’s motion to suppress evidence found in a backpack and shaving kit where appellee lacked standing to contest the search; trial court’s suppression of statements made before appellee waiver her Miranda rights affirmed
0437173 Daniel Lee Brooks v. Roanoke City Department of Social Services 08/08/2017
Trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(i)
0601161 Tyler Wendell Murphy v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that evidence was insufficient to support appellant’s claim of self-defense where appellant unlawfully kicked the victim and stomped on his face after he was already rendered unconscious
1297161 Howard Odell Harrod, III v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that officer had reasonable articulable suspicion to stop appellant for a traffic violation and that the other officers in no way prolonged the duration of the stop by speaking with appellant during which they developed probable cause that appellant possessed marijuana
1457162 James Jarmell Jackson v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was a criminal agent of the offenses of robbery and use of a firearm in the commission of a felony
1765162 Larry Jermaine Bell v. Commonwealth of Virginia 08/08/2017
Trial court erred in refusing to strike juror for cause
1963164 Wade Protus Phillips v. Loudoun County, Virginia 08/08/2017
No error in Commission’s finding that appellant’s unauthorized medical treatment was not compensable by appellant where evidence did not prove treatment provided by employer was inadequate or that the unauthorized treatment was medically reasonable and necessary
2075164 Sarah Swartwood-Davis v. Stafford County Department of Social Services 08/08/2017
Trial court did not err in terminating appellant’s parental rights to her oldest child where the evidence supported the finding that termination was in the child’s best interest and that appellant failed to substantially remedy the conditions leading to the child’s initial placement in foster care within twelve months
0080173 Phillip M. Tallman v. Bristol Department of Social Services 08/01/2017
No error in trial court’s termination of appellant’s parental rights to his child where it found that appellant had no substantial plan for his child’s future and that the evidence was sufficient to terminate appellant’s parental rights
0865163 Antonio Elton Hubbard v. Commonwealth of Virginia 08/01/2017
Trial court did not err in admitting order book pages into evidence as proof of appellant’s prior drug convictions or in striking a prospective juror for cause
1399161 Anderson Wright, s/k/a Anderson Jevon Wright v. City of Virginia Beach 08/01/2017
Trial court did not err in denying appellant’s motion to dismiss where the Virginia Beach disturbing the peace ordinance is not unconstitutionally vague or overbroad
1702164 Rayonda Richards v. Alexandria Department of Community & Human Services 08/01/2017
Trial court did not err in terminating appellant’s parental rights to her children where appellant did not substantially correct the conditions that led to children’s placement in foster care and appellee provided reasonable and appropriate services to appellant; appellant’s due process rights were not violated
1768164 Abdul Rahman Nashnoush v. Asma Yousef 08/01/2017
Decision of trial court denying appellant’s motion to modify support affirmed
1889163 John David Clark v. Jennifer Rodgers Clark 08/01/2017
No error in trial court’s denial of appellant’s motion for reconsideration related to spousal support
1951161 Jane Arlene Frakes v. Danny Joe Frakes 08/01/2017
Trial court did not err in classifying Michigan property as separate property and Norfolk home as marital property; trial court erred in failing to classify the rest of the parties’ property
2064164 Jose Manuel Ramos-Fantauzzi v. Elizabeth Santa Matos 08/01/2017
Trial court erred in denying appellant’s motion to reconsider the trial court’s acceptance of jurisdiction and in entering the military qualifying order
0135173 Felicia Elizabeth Feaster v. Harrisonburg-Rockingham Social Services District 07/25/2017
Trial court did not err in finding termination of appellant’s parental rights was in child’s best interest
0149173 Alfonso Renoid Mason v. Harrisonburg-Rockingham Social Services District 07/25/2017
Trial court did not err in finding termination of appellant’s parental rights to his child was in child’s best interest
0821161 James Steven Patterson v. Commonwealth of Virginia 07/25/2017
Trial court erred in admitting exhibit to enhance appellant’s dui conviction where the appellant’s conviction was under a California statute not substantially similar to Virginia’s DUI statute
0936161 Andrew Simon Manzano, a/k/a Andrew Williams v. Commonwealth of Virginia 07/25/2017
Trial court did not err in denying appellant’s motion to strike for cause three venirepersons where trial court found they were able to serve as impartial jurors
1915164 Kellie L. Matthews v. Steve O. Brinckhaus 07/25/2017
Trial court abused its discretion in incorporating the parties’ amended parenting agreement into an order without considering the best interests of the child and Code § 20-124.3 factors
0033173 Richard David Rouse v. Catherine Hagy Rouse 07/18/2017
Trial court did not abuse its discretion in dividing the marital property or in granting divorce on the ground of continuous separation of more than one year; issue of pendente lite spousal support barred by approbate-reprobate doctrine; other assignments of error waived due to procedural defects
0193162 Dwayne Gray Miller, Jr. v. Commonwealth of Virginia 07/18/2017
Appellant’s convictions of aggravated involuntary manslaughter and felony hit and run affirmed where evidence was sufficient to prove appellant proximately caused victim’s death, exclusion of victim’s toxicology evidence, if error, was harmless, and instruction on degree of intoxication as a factor to consider was properly given
0212172 Victoria's Secret & Gallagher Basset Services v. Nicole Mauldin 07/18/2017
Commission erred in failing to reopen the record to hold an additional hearing to consider whether the medical records obtained from appellee’s medical provider constituted after discovered evidence sufficient to warrant modification of the Commission’s earlier decision
0509173 Ronnie Stiltner v. Harold E. Matney, Jr. and Amguard Insurance Company 07/18/2017
Summary affirmance – no error in Commission’s finding that appellant failed to establish a compensable injury
0643174 Robinique Scott Cruse v. Alexandria Department of Community and Human Services 07/18/2017
Trial court did not err in terminating appellant’s parental rights to the three children subject to this appeal where evidence proved termination was in children’s best interest
0930162 Dmitri I. Medvedev v. Henrico County 07/18/2017
Trial court did not err in denying appellant’s motion to suppress where evidence proved encounter began as a consensual one and that by the time a seizure of appellant occurred, officer had reasonable suspicion that appellant was driving while intoxicated
1029162 Andrew Nicholas Chavis v. Commonwealth of Virginia 07/18/2017
Trial court did not abuse its discretion in considering expert testimony where that testimony did not invade the province of the court as fact finder; trial court did not err in finding evidence was sufficient to prove appellant’s intoxication caused him to operate his vehicle in a manner that caused the death of the two victims
1771163 Tamera S. Gilbert v. Wise County Department of Social Services 07/18/2017
Appellant’s assignments of error waived where she did not object to any action taken by the trial court and did not assign error to any action taken by the trial court
2100162 Amit Varma v. Meenakshi Bindal 07/18/2017
Trial court did not abuse its discretion in entering the supplemental order
0445161 Gary L. Williams v. Commonwealth of Virginia 07/11/2017
Trial court did no err in denying appellant’s motion to strike and did not abuse its discretion in allowing the audio recording of two jail calls to be played to the jury
1456161 Crystal Houston v. City of Newport News Department of Human Services 07/11/2017
Judgment of trial court affirmed as the evidence presented satisfied the criteria set forth in Code § 16.1-283(c)(2) and thus adequately supported trial court’s decision to terminate appellant’s parental rights to her children
1532161 Martin Houston, Sr. v. City of Newport News Department of Human Services 07/11/2017
Judgment of trial court affirmed as the evidence presented satisfied the criteria set forth in Code § 16.1-283(c)(2) and thus adequately supported trial court’s decision to terminate appellant’s parental rights to his children
2038162 George M. Gordon v. Elizabeth H. Gordon 07/11/2017
Trial court did not abuse its discretion in fashioning the spousal support award as it considered the required statutory factors and its factual findings have evidentiary support in the record
1149162 Michael Harris, s/k/a Michael Wayne Harris v. Commonwealth of Virginia 07/05/2017
Trail court did not err in denying motion to suppress as the challenged evidence was admissible pursuant to the inevitable discovery doctrine
1338161 Christopher Dawayne Sledge, Jr. v. Commonwealth of Virginia 07/05/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of malicious wounding
0083173 Four "O" Mining Corporation and American Mining Insurance Company v. Lendy C. Deel 06/27/2017
No error in Commission’s finding that appellee’s claim was not barred by the statute of limitations and that his condition supported the award of lifetime benefits
1037162 Anthony William Goodman v. Commonwealth of Virginia 06/27/2017
Trial court did not abuse its discretion in denying appellant’s motions to withdraw his guilty pleas where he expressly waived his right to withdraw the guilty pleas in the plea agreement
1214162 Christopher Lee Watson v. Commonwealth of Virginia 06/27/2017
No error in trial court’s finding that the evidence was sufficient to prove appellant knew of the gun’s presence in the trunk of the vehicle
1635164 Christopher Howard Marraro, II v. Janae Irene Haaland 06/27/2017
Judgment of trial court affirmed where the record is insufficient for Court to make a determination of assignment of error raised on appeal
0761161 Randell Louis Kinlaw v. Commonwealth of Virginia 06/20/2017
No error in trial court’s finding that evidence was sufficient to prove appellant had a firearm in his possession during the robbery and used it to commit that offense
1359162 Kristen Naomi Williams v. Charlottesville Department of Social Services 06/13/2017
Summary affirmance – appellant’s arguments that trial court erred in dismissing her appeal from juvenile court due to her failure to appear at the hearing barred by Rule 5A:18
1892162 Larry Elrod, III v. Anastasia Alexander and Michael Alexander 06/13/2017
Summary affirmance – trial court did not err in approving the step-parent adoption of appellant’s children
0188174 Neka Granite Imports, Inc., et al. v. Luis Paz 06/06/2017
Summary affirmance – no error in Commission’s finding that appellee was entitled to permanent total disability benefits where it found appellee was unable to use his injured members in gainful employment and had reached maximum medical improvement on his right arm injury
0979161 Hampton Roads Sanitation District v. Virginia Department of Enviornmental Quality 06/06/2017
Trial court did not err in upholding appellee’s denial of appellant’s proposal to use biosolids ash on a farm
1115161 Jerry Lee Gibbs v. Commonwealth of Virginia 06/06/2017
Trial court did not err in denying appellant’s motion to suppress where officer had a reasonable, articulable suspicion of illegal activity and was permitted to stop appellant to investigate the matter and quickly confirm or dispel his suspicion that the inspection sticker had been illegally moved from one vehicle to another
1368162 Kayla S. Scott v. City of Petersburg Department of Social Services 06/06/2017
Summary affirmance – trial court did not abuse its discretion by not appointing a guardian ad litem to represent the juvenile appellant where she was represented by court-appointed counsel
1487161 Maurice Dontrell Boykins v. Commonwealth of Virginia 06/06/2017
No error in trial court’s finding that evidence was sufficient to prove appellant initiated the gunfight and shot the victim; appellant’s argument regarding his malicious shooting into an occupied building conviction barred by Rule 5A:18; matter remanded to trial court to correct clerical error in sentences reflected in November 6, 2015 order
0064174 James B. Spear, Jr. v. Nawara T. Omary 05/30/2017
Summary affirmance – arguments raised by appellant on appeal barred by Rule 5A:18
0788161 Mark David Murgia v. Commonwealth of Virginia 05/30/2017
Trial court erred in finding evidence sufficient to prove computer solicitation of a minor where no evidence showed appellant’s text messages to the victim constituted an entreaty or effort to persuade the victim to engage in any illegal sexual conduct
2007152 Lee Jeffrey Borras v. Commonwealth of Virginia 05/30/2017
Trial court did not err in convicting appellant of aggravated sexual battery where evidence was sufficient to prove appellant caused serious mental injury to the victim or in revoking appellant’s suspended sentence; appellant’s argument that trial court erred in convicting appellant of both rape and aggravated sexual battery for same conduct barred by Rule 5A:18
2023152 Quinton N. Washington, s/k/a Quintin N. Washington v. Commonwealth of Virginia 05/30/2017
Trial court did not err in excluding evidence of the victim’s character for violence offered to prove appellant had a reasonable apprehension for his life and safety or in finding evidence was sufficient to prove appellant acted maliciously
0520162 Jamal Ryan Sumner v. Commonwealth of Virginia 05/23/2017
No error in trial court’s finding that evidence was sufficient to convict appellant of breaking and entering where appellant committed a breaking by entering through the partially closed door, without the victim’s consent, and with the intent to commit an assault and battery
0631161 Derek Lamont Porter v. Commonwealth of Virginia 05/23/2017
Appellant’s argument that the search of the pill bottle was beyond the scope of his consent barred by Rule 5A:18; trial court correctly denied appellant’s motion to suppress where officer had a reasonable articulable suspicion of illegal activity
0751162 Kelly Patrick Johnson v. Commonwealth of Virginia 05/23/2017
Trial court erred in finding evidence sufficient to convict appellant of failure to perform a promise for construction in return for advances where it did not prove beyond a reasonable doubt that the demand letter was sent with a return receipt request to satisfy the notice element of the offense
1079161 Karlin Michael Jones v. Commonwealth of Virginia 05/23/2017
No error in trial court’s finding that evidence was sufficient to support conviction of assault and battery of law enforcement officer where appellant pushed officer in an offensive and insolent manner in order to evade arrest
1299161 Tony Lamont Pugh v. Commonwealth of Virginia 05/23/2017
Trial court did not abuse its discretion in admitting a copy of the forged check over appellant’s best evidence objection; evidence was sufficient for jury to conclude that appellant knew the check was forged when he cashed it
1341162 Walter James Graves v. Commonwealth of Virginia 05/23/2017
Trial court did not err in finding evidence was sufficient to support conviction for breaking and entering where victim’s residence was no longer appellant’s residence and appellant’s entry into the residence offended victim’s right of habitation
0154173 Edwin Rudolfo Romero Medrano v. New Tech, LLC and Erie Insurance Exchange 05/16/2017
Summary affirmance – no error in Commission’s finding appellant was not entitled to workers’ compensation benefits because he was not a direct employee of New Tech, LLC
0429164 Brian Charles Henley v. Commonwealth of Virginia 05/16/2017
Appellant’s argument regarding his right to resist an illegal arrest barred by Rule 5A:18 where appellant failed to raise that issue in his motion to strike
0633161 Gerard Bunn v. Commonwealth of Virginia 05/16/2017
Hit and run conviction affirmed because evidence proved that appellant failed to fulfill his legal obligations after he struck the vehicle; driving after having been declared a habitual offender conviction reversed because evidence failed to prove the revocation of appellant’s driving privilege was still in effect
0638162 Dermont Travon Sims v. Commonwealth of Virginia 05/16/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of burglary of a building, petit larceny, and possession of burglary tools
1406164 Ronald L. Borden v. Virginia Employment Commission and Fairfax County 05/09/2017
Trial court did not err in affirming Commission’s decision that appellant was not due unemployment compensation where appellant voluntarily quit his job without good cause
1888162 Michael Stacy Graves, Jr. and Lisa Anne Graves v. Neil Edward Jones 05/09/2017
Error in order denying appellants’ petition for adoption; matter remanded to trial court to reconsider the petition for adoption in light of Code § 63.2-1202(H) and/or the factors in Code § 63.2-1205
0016172 Continental Telecom Corp. and Travelers Indemnity Company v. Joan Streets-Nash 05/02/2017
No error in Commission’s finding that Dr. Fiore was an authorized treating physician and that he performed reasonable and necessary treatment that was causally related to appellee’s compensable work injury
0528164 Ermais Samson v. Commonwealth of Virginia 05/02/2017
Trial court did not err in excluding the certificate of analysis at trial where appellant did not comply with the filing requirements of Code § 19.2-187 and Code § 19.2-187.1 is not applicable when the defendant seeks to admit a certificate of analysis
1095161 Anthony Deshawn Bethel v. Commonwealth of Virginia 05/02/2017
Trial court erred in refusing to admit appellant’s statement to the victim at the time of the burglary and in doing so effectively prevented appellant from offering relevant and admissible evidence in support of his defense that he lacked criminal intent
1524163 Pittsylvania County Department of Social Services v. Martha Gosney 05/02/2017
Judgment of trial court reversed and final judgment entered where trial court was without jurisdiction to hear appellee’s appeal as appellant is a unit of county government and exempt from the Virginia Administrative Process Act
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 05/02/2017
Upon a Rehearing – judgment of trial court affirmed based on trial court’s alternative finding that it believed victim’s testimony and Supreme Court’s recent decision in Commonwealth v. Lambert, 292 Va. 748, 793 S.E.2d 805 (2016)
0013161 Calvin Burnell Bailey, Jr. v. Commonwealth of Virginia 04/25/2017
No error in trial court’s finding that evidence was sufficient to prove the value of the stolen bicycle was $200 or more
0052164 Michael Joseph Anderson v. Commonwealth of Virginia 04/25/2017
No error in appellant’s perjury conviction where appellant’s sworn statements were false, willfully made, and material; trial court did not err in admitting appellant’s sworn criminal complaint where Commonwealth properly authenticated the criminal complaint
0437163 Amanda Marie Thomas v. Commonwealth of Virginia 04/25/2017
Trial court did not abuse its discretion in determining appellant’s sentence when it imposed an additional three-year term of suspended incarceration conditioned on post-release supervision
0897164 Jonathan Lamar Marks v. Commonwealth of Virginia 04/25/2017
Trial court did not err in denying appellant’s motion to suppress where the search warrants were supported by probable cause; trial court did not err in denying appellant’s motion for a Franks hearing where appellant failed to make the requisite showing
1041161 Dwayne Demario Marrow v. Commonwealth of Virginia 04/25/2017
No error in trial court’s finding that evidence was sufficient to prove appellant’s identity as the criminal agent; trial court erred in finding evidence was sufficient to prove shooting resulted in a significant and permanent physical injury to victim; conviction of use of a firearm in commission of felony affirmed and conviction of aggravated malicious wounding reversed and remanded
1934162 Commonwealth of Virginia v. Deante Lapre Mayo 04/25/2017
Trial court erred in granting appellee’s motion to suppress evidence obtained after an encounter between appellee and officers where initial encounter was consensual and the subsequent search was lawful; trial court did not err in denying appellee’s motion to suppress evidence from rental car as appellee had no standing to challenge the evidence seized
0184161 Arthur Clinton, s/k/a Clinton Arthur, Jr. v. Commonwealth of Virginia 04/18/2017
Trial court did not err in admitting conviction order showing appellant’s prior felony conviction despite appellant’s indication he wished to stipulate to that conviction; appellant did not request a cautionary instruction or move for a mistrial
1440164 Shawn Garrett v. Andria Garrett 04/18/2017
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings
1866164 Mark Case v. United Parcel Services and LIberty Insurance Corporation 04/18/2017
Commission did not err in finding that appellant failed to market his residual work capacity while on light-duty status during the relevant time period or in refusing to admit after-discovered evidence where that evidence was not material or relevant
1945164 Renee Ann Beatty v. Harry Davis Beatty 04/18/2017
Judgment of trial court affirmed where appendix is insufficient to decide the issue presented
0657161 Clarissa Gregory v. City of Hampton Department of Social Services 04/11/2017
Trial court did not err in finding appellee proved, by clear and convincing evidence, that termination of appellant’s parental rights to her children was in their best interest; appellant’s other arguments waived
0745161 Alysia Anne Langen v. Commonwealth of Virginia 04/11/2017
Trial court erred in finding evidence was sufficient to prove appellant violated the terms of her suspended sentences by failing to timely pay restitution
0939163 Alexander Michael Edwards v. Commonwealth of Virginia 04/11/2017
No error in trial court’s finding that evidence was sufficient to prove appellant intended to disfigure victims when he tattooed them; trial court erred in finding evidence was sufficient to prove conspiracy to murder where there was no evidence of an agreement
1126163 Jonathan Lee Bistel v. Sarah Lee Bistel 04/04/2017
Appeal dismissed insofar as it pertains to custody and visitation order regarding H.B. as notice of appeal was not timely filed to that order; judgment of trial court pertaining to custody and visitation order regarding S.B. is affirmed
1143164 Michael Henry Vechery v. Florence Cottet-Moine 04/04/2017
No error in trial court’s custody and visitation order barring appellant from attending child’s gymnastic practices, awarding appellee legal and physical custody of child, holding that custody and visitation case would be heard in one day, refusing to conduct an in camera interview with the child or in ordering child not to play competitive golf for one year
1541162 Janet Garrett-Kelly v. Richard A. Kelly, II 04/04/2017
Appellant’s argument on appeal that trial court erred by dismissing her appeals because the trial court did not conduct a de novo hearing barred by Rule 5A:18
1700161 BJ's Wholesale Club, Inc. v. Rose M. McCarron 04/04/2017
No error in Commission’s finding that appellant was entitled only to a credit based on the excess amount appellee received due her increased earnings at a dissimilar job as it was a correct interpretation of Code § 65.2-712
0237161 Tiffany Lauren Phillips v. Commonwealth of Virginia 03/28/2017
Trial court did not err in finding evidence was sufficient to prove felony embezzlement; trial court erred in ordering restitution where no evidence proved the actual loss, if any, to the victim
0671164 Rosario Ruiz Dominguez v. Hardee's and Travelers Indemnity Company of America 03/28/2017
No error in Commission’s finding that under Code § 65.2-709 appellant was not entitled to cost of living adjustments where appellant is receiving one hundred percent of her average pre-injury weekly wage
0778163 Danielle Marie Embrey v. Commonwealth of Virginia 03/28/2017
No error in trial court’s finding that evidence was sufficient to convict appellant of misdemeanor contributing to the delinquency of a minor where the conditions the child was subjected to presented a substantial risk of death, disfigurement, or impairment of bodily or mental function
1189163 Jacklyn D. Stanley v. Bristol Department of Social Services 03/28/2017
No error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights to her children was in their best interest and that there was no reasonable alternative to termination
1449163 Jason M. Stanley v. Bristol Department of Social Services 03/28/2017
No error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights to his children was in their best interest and that there was no reasonable alternative to termination
1886153 Akbar Aswab Douglas v. Commonwealth of Virginia 03/28/2017
Decision of trial court revoking appellant’s suspended sentences affirmed where the condition at issue was imposed in an earlier order that could not be collaterally attacked at the later revocation hearing
0233161 Raymond Antonia Williams v. Commonwealth of Virginia 03/21/2017
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest vehicle’s occupants after officer found marijuana residue in vehicle and subsequent search of appellant’s person was legally permissible as a search incident to arrest
0333161 James Donta Whitfield v. Commonwealth of Virginia 03/21/2017
Trial court erred in finding evidence was sufficient to prove that the accident caused more than $1,000 of damage to meet threshold for felony hit and run
1034161 India Felicia Valentine v. Commonwealth of Virginia 03/21/2017
No error in jury’s finding that evidence was sufficient to prove the victim’s death was the result of appellant’s neglect
1219163 Yzavia W. Haney v. Roanoke City Department of Social Services 03/21/2017
Summary affirmance – no error in trial court’s finding it no longer had jurisdiction over this matter where appellant’s parental rights to her child had been terminated and she had exhausted her appeals of that decision; Court will not consider her arguments regarding transcript being incomplete where record reflects she did not file objections with trial court
1220163 Yzavia W. Haney v. Roanoke City Department of Social Services 03/21/2017
Summary affirmance – no error in trial court’s finding it no longer had jurisdiction over this matter where appellant’s parental rights to her child had been terminated and she had exhausted her appeals of that decision; Court will not consider her arguments regarding transcript being incomplete where record reflects she did not file objections with trial court
2006151 Michael Dewayne Culberson v. Commonwealth of Virginia 03/21/2017
Appellant’s argument regarding trial court’s denial of motion to suppress waived pursuant to Rule 5A:18; sentence imposed on conviction of possession of cocaine reversed and remanded to trial court for new sentencing hearing
0393163 Michael Blake Vaughan v. Commonwealth of Virginia 03/14/2017
No error in trial court’s finding that evidence was sufficient to prove that appellant willfully concealed merchandise with intent to defraud Target of its value
0743162 John Daniel Holsinger v. Commonwealth of Virginia 03/14/2017
No error in trial court’s conclusion that evidence was sufficient to find that circumstances that existed at time appellant discharged his weapon through the kitchen door proved that his actions may have placed victim’s life in peril
0882163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Judgment of trial court affirmed where appellants waived their challenge to the trial court’s decision dismissing custody petition for this child
1401163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Judgment of trial court affirmed where appellants waived their challenge to the trial court’s decision dismissing custody petition for this child
1402163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Trial court did not err in dismissing appellants’ custody petition for this child where evidence established that appellants were unqualified to care for the child and uncommitted to maintaining a continuous relationship with child
1403163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Trial court did not err in dismissing appellants’ custody petition for this child where evidence established that appellants were unqualified to care for the child and uncommitted to maintaining a continuous relationship with child
1738163 Virginia C. Wilson v. Darick A. Dodson 03/14/2017
Trial court’s child support order affirmed where Court will not consider appellant’s assignment of error due to her failure to comply with Rule 5A:20(e)
1745152 Billy Joe Lee v. Commonwealth of Virginia 03/14/2017
Appellant’s argument that trial court erred in refusing to instruct jury on involuntary manslaughter with respect to Code § 18.2-279 barred by Rule 5A:18 and with respect to Code § 18.2-33 counsel conceded at argument that there is no lesser-included offense of felony homicide
1866151 Roy Lujason Turner v. Commonwealth of Virginia 03/14/2017
Trial court did not abuse its discretion in admitting photograph of appellant where it was a screenshot of appellant from a news website and differed significantly from a mug shot
1946152 Michelle H. Tomlin v. Commonwealth of Virginia 03/14/2017
Trial court did not err in granting motion to amend indictments where those amendments did not change nature or character of offense, in finding evidence sufficient to prove four counts of obtaining money by false pretenses, four counts of embezzlement, and one count of grand larceny or in denying pretrial motions for bill of particulars and to elect charges
0034161 Ja'Ron Russell Turner v. Commonwealth of Virginia 03/07/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the perpetrators or in considering the out-of-court statements of the officer where they were not offered for the truth of the matters asserted and were not hearsay
0159161 Larry Eugene Coney, Jr. v. Commonwealth of Virginia 03/07/2017
No error in trial court’s finding that the evidence was sufficient to prove appellant committed the offenses where it proved opportunity and other incriminating circumstances to establish appellant’s guilt beyond a reasonable doubt
0510161 Malik Luquan Kennedy v. Commonwealth of Virginia 03/07/2017
No reversible error in trial court’s decision to admit appellant’s communications with gang members in his probation revocation trial where the letters appellant wrote were admissible as party admissions and admission of correspondence from prisoners to appellant, if error, was harmless
0719154 Kevin Anthony Battaglia v. Commonwealth of Virginia 03/07/2017
Trial court did not err in allowing witness to read his witness statement to the jury, in denying appellant’s motion for a mistrial, or in finding evidence sufficient to prove appellant resisted arrest
1053164 Young Jin Kim v. Roto Rooter Services Company & Old Republic Insurance Company 03/07/2017
No error in Commission’s finding that appellant did not prove an identifiable incident which caused his injury
1270164 National Express Corporation, et al v. Mary Pritchett 03/07/2017
Commission did not err in finding that appellee reasonably marketed her residual work capacity or in awarding appellee temporary partial disability benefits
1403152 Dejuan Latel Roy v. Commonwealth of Virginia 03/07/2017
Trial court erred in finding evidence was sufficient to prove appellant possessed the cocaine found in the glove compartment of the vehicle or that he agreed to conspire with one or more individuals to distribute the cocaine
1982154 Francisco Garcia-Tirado v. Commonwealth of Virginia 03/07/2017
No error in trial court’s denial of appellant’s motion to suppress his statements to the police where evidence clearly shows appellant knowingly and voluntarily waived his Miranda rights where he gave no indication that he did not understand the questions posed to him and his answers in Spanish were responsive and consistent with the questions asked
0562164 Jennifer Hutchins Allen v. Geoffrey B. Allen 02/28/2017
Trial court did not err in its classification of the stock purchase proceeds, in relying on the witness’ testimony regarding sale of appellee’s business, in classifying property as hybrid and applying a converture fraction to decide marital share, in refusing to use an alternate valuation date, in determining spousal support, or in its ruling regarding appellant’s Fifth Amendment waiver
0958161 Jonathan Burton, Sr. v. Norfolk Department of Human Services 02/28/2017
Trial court did not err in terminating appellant’s parental rights to his four children where evidence proved that appellant failed to provide or substantially plan for the children’s future for a period of six months after the children were placed in foster care and that appellant was unable or unwilling to substantially remedy the conditions leading to foster care placement for the children
1272162 Kyle Crews v. Halifax County Department of Social Services 02/28/2017
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(i) where sufficient evidence proved his parental rights had been previously terminated to three of his children
0113163 Chantz Parker, s/k/a Chantz Nathaniel Parker v. Commonwealth of Virginia 02/21/2017
Appellant’s convictions affirmed where trial court did not err in denying appellant’s motion to sever his trial from his codefendant, in admitting appellant’s and his codefendant’s medical records into evidence, jury could have reasonably rejected appellant’s hypothesis of innocence, and law of the case forecloses challenge to attempted robbery where no challenged was made to armed burglary
0590164 Brian T. Marriott v. Christina E. Anderson 02/21/2017
Judgment of trial court reversed where appellee’s notice of appeal of current child support order from juvenile court to circuit court was not timely filed
0722162 Simone Brown v. Petersburg Department of Social Services 02/21/2017
Termination of appellant’s parental rights affirmed where appellant’s failure to challenge the termination under Code § 16.1-283(C)(2) renders moot her challenge to the termination under Code § 16.1-283(B)
1286162 Andersen Interior Contracting, Structure Tone, Inc. and Arch Insurance Company v. Samuel Nimmo 02/21/2017
Decision of Commission finding a compensable injury and awarding appellee lifetime medical benefits affirmed where appellants failed to prove appellee’s fall and resultant injuries were proximately caused by his intoxication
1373163 Steven Clifton Pagans v. Franklin County Department of Social Services 02/21/2017
Termination of appellant’s parental rights to his children affirmed where his failure to challenge the termination of his parental rights under Code § 16.1-283(C)(2) renders moot his challenge to the termination of his parental rights under Code § 16.1-283(B)
1497164 Marta Rivas v. Mom's Apple Pie Company and Technology Insurance Company 02/21/2017
Summary affirmance – no error in Commission’s finding that appellant committed a willful breach of a workplace safety rule
1637152 Jerneil Leslie Moody v. Commonwealth of Virginia 02/21/2017
No error in jury’s finding that the theft of the vehicle was not part of the same impulse as the other grand larceny or in its finding that the testimony of appellant’s confederates was credible
0351161 Kenyatta Ferrell Jones v. Commonwealth of Virginia 02/14/2017
No error in trial court’s finding that appellant had guilty knowledge that the vehicle he was driving was stolen
0844164 Anthony S. Wiley v. Martha P. Wiley 02/14/2017
No error in trial court’s amended final order of divorce regarding equitable distribution or spousal support
0853152 Nicholas Secret, s/k/a Nicholas Charles Secret v. Commonwealth of Virginia 02/14/2017
Trial court did not err in denying appellant’s motion to suppress his post-warning statements, in denying appellant’s motion to strike where evidence needed only show appellant intended to kill the people he knew were in the building when he set it on fire, or in refusing proffered appellant’s jury instruction on intent
1138161 City of Norfolk v. Tammy Gray 02/14/2017
No error in Commission’s finding that appellant was liable for the surgery and treatment of appellee’s work-related injuries performed by an unauthorized treating physician where evidence was sufficient to prove that treatment was reasonable and necessary
1383163 Stacy L. Roberts v. Virginia Department of Social Services 02/14/2017
Summary affirmance – trial court did not err in granting appellee’s plea in bar dismissing the appeal for lack of jurisdiction where appellant failed to file a petition for appeal within thirty days of filing the notice of appeal and therefore failed to comply with requirements of Rule 2A:4
0673162 Tammy T. Ware v. Sudarsan Srinivasan 02/07/2017
Appellant’s assignment of error regarding setting of spousal support waived where appendix lacks transcript necessary for determination of that assignment of error and trial court properly considered the statutory factors and set out those factors in its decision
0968164 Alice Jin-Yue Guan v. Bing Ran 02/07/2017
Trial court did not err in finding appellee was not entitled to receive a set-off distribution pursuant to parties’ post-divorce agreement; trial court erred in finding appellant waived spousal support and breached the post-divorce agreement
1006161 Michael Clair and Douglas Buckley v. Virginia Marine Resources Commission, et al. 02/07/2017
Trial court erred in finding appellants had standing to appeal the decision of the Virginia Marine Resources Commission where they were not “aggrieved” parties and did not suffer a burden or obligation different from the public generally
1125162 Matthew Brent Ford v. Alyssa Anne Johansen 02/07/2017
Judgment of trial court denying appellant’s motion to reduce his child support obligation affirmed where appellant did not demonstrate a material change in circumstances
1432164 AV Automotive and VADA Group Self-Insurance Association v. Yahia Mohammed 02/07/2017
No error in Commission’s award of medical benefits and temporary disability benefits to appellee where appellee proved by a preponderance of the evidence that his injury arose out of his employment
0091161 King David Manning, Jr. v. Commonwealth of Virginia 01/31/2017
Trial court did not err in admitting documentary record exhibits under the business record exception to the hearsay rule; appellant’s argument that Cash Converters did not rely upon transaction records in normal course of business barred by Rule 5A:18
0392161 Andre Smalls v. Commonwealth of Virginia 01/31/2017
Trial court did not err in denying appellant’s motion to strike where operability of firearm is not an element of possession of a firearm while in possession of drugs and evidence was sufficient to prove firearm was a functioning firearm and statute does not require proof of a nexus between the firearm and the illegal activity; argument regarding constructive possession barred by Rule 5A:18
0846162 SurgCenter of Silver Spring, LLC v. Michael & Son Services, Inc., et al 01/31/2017
No reversible error in Commission’s denial of appellant’s application for unpaid medical bills related to treatment of an employee of appellee Michael & Son based on alternative finding that appellees rebutted the presumption that appellant’s remaining charges were reasonable and necessary
1600163 Rodney Dale Brady, Jr. v. Patrick County Department of Social Services 01/31/2017
Judgment of trial court terminating appellant’s parental rights to his two children affirmed where record does not indicate that appellant preserved his arguments for appeal
1601163 Jessica Dianne Gilley v. Patrick County Department of Social Services 01/31/2017
Judgment of trial court terminating appellant’s parental rights to two of her children affirmed where trial court terminated appellant’s parental rights under Code § 16.1-283(B) and (C)(2) but appellant did not challenge termination under Code § 16.1-283(B) rendering moot her challenge under Code § 16.1-283(C)(2)
0176152 Jodi J. Hope v. Commonwealth of Virginia 01/24/2017
No error in trial court’s refusal to instruct jury on appellant’s claim of self-defense as to one victim as there was no evidence to support that instruction, in sua sponte instructing jury that it could only consider affirmative defense of self-defense as to one victim or in refusing to allow entirety of phone conversation between appellant and another into evidence
0911151 Terry Lee Poff, s/k/a Terry Lee Poff, Jr. v. Commonwealth of Virginia 01/24/2017
Trial court erred in refusing to allow the jury to hear impeachment evidence in the form of witness testimony that contradicted some of the victim’s testimony
1329151 Lavon Lawrence Gordon, s/k/a Cordarall Deshawn Gordon v. Commonwealth of Virginia 01/24/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was in constructive possession of the firearm found in the vehicle
1602151 James Corey Boggs v. Commonwealth of Virginia 01/24/2017
No error in trial court’s finding that evidence was sufficient to prove appellant took the credit card from victim’s apartment
1706151 Rodney Lenard Marshall v. Commonwealth of Virginia 01/24/2017
Trial court erred in finding evidence was sufficient to support appellant’s conviction of receiving stolen property where evidence did not establish victim’s vehicle was actually stolen
1962152 Fateh Al-Hayani v. Commonwealth of Virginia 01/24/2017
Trial court did not err in denying appellant’ s motion to suppress where trooper had probable cause for the search of appellant’s vehicle where the totality of the facts provided a fair probability that contraband would be found in the vehicle
0028162 Alice C. Taylor Village for Childhelp v. Cynthia B. Jones, Director, etc. 01/17/2017
Trial court erred in affirming appellee’s decision disregarding the recommendations by the hearing officer
0370161 Michael David Bailey v. Commonwealth of Virginia 01/17/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of taking indecent liberties with a child where Code § 18.2-370(A)(3) prohibits an adult from proposing that he “feel” the sexual parts of a child regardless of the degree of force applied or the duration of the contact
1040151 Marquez Rah-Shaun Perkins v. Commonwealth of Virginia 01/17/2017
No error in trial court’s finding that evidence was sufficient to prove convictions of robbery, conspiracy to commit felony, and use of firearm in commission of felony; trial court erred in finding evidence sufficient to prove convictions of malicious wounding and use of firearm in commission of felony
1348164 Commonwealth of Virginia v. Theodore Keith Simpson, Jr. 01/17/2017
Trial court did not err in granting motion to suppress where weapon was not discovered in plain view and no evidence was presented that could lead a reasonable person to believe that appellant was a convicted felon at the time of weapon’s seizure or that the weapon itself constituted evidence of a crime
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 01/17/2017
Petition for rehearing granted.
0067161 Gary Jerome Turner v. Commonwealth of Virginia 01/10/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was criminally negligent in driving recklessly after ingesting marijuana and failing to ensure the proper restraint of his passengers
0652152 Kathy Lorraine Staiger v. Commonwealth of Virginia 01/10/2017
Trial court did not err in convicting appellant of driving under the influence, third offense within five years in the same trial where she was convicted of driving under the influence, second offense within five years
0806162 Oscar O. Ozfidan v. Pamela L. Ozfidan 01/10/2017
No error in trial court’s award of indefinite spousal support to appellee where appellant’s motion put the issue of spousal support before trial court and evidence supports the award
1082162 NHC Healthcare/Bristol, LLC v. Marissa J. Levine, MD, MPH, Virginia State Health Commissioner, et al 01/10/2017
Trial court did not err in affirming Commissioner’s denial of appellant’s petition seeking good cause standing to participate in the proceedings before the Commissioner on an application for a certificate of public need for construction of a ninety-bed nursing home in Bristol, Virginia
1397164 Davitta Robinson v. City of Alexandria Department of Community and Human Services 01/10/2017
Trial court did not err in terminating appellant’s parental rights to five of her children and approving the goals of adoption
0096163 Ashby Coleman v. Commonwealth of Virginia 12/27/2016
Appellant’s convictions of distribution of child pornography affirmed where jury found images depicted images of minors, were a lewd display of nudity, and were knowingly distributed by appellant
1027163 Debora Goad v. Eastman Chemical and Ace American Insurance Company 12/27/2016
Summary affirmance – Court will not consider appeal as appellant’s failure to comply with Rule 5A:20(e) is significant
1203164 Dr. Greg Bath and American Economy Insurance Co. v. Virginia Lee Olinger 12/27/2016
No error in Commission’s finding that appellee’s reactive airway disease was a compensable ordinary disease of life that was caused by conditions peculiar to appellee’s employment
1931152 Patricia Ann Gerald v. Commonwealth of Virginia 12/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed perjury or in its finding that Albemarle County was proper venue for an offense committed in Albemarle General District Court, which is located in the City of Charlottesville
1967152 Tarsah M. Gerald v. Commonwealth of Virginia 12/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed perjury, in finding that Albemarle County was proper venue for an offense committed in Albemarle General District Court, which is located in the City of Charlottesville, or in finding evidence was sufficient to find appellant guilty of driving on a suspended license, third offense
1970153 Pamela Moreland v. Lynchburg Department of Social Services 12/27/2016
No error in trial court’s finding that clear and convincing evidence proved appellant’s children suffered abuse and neglect that presented a serious and substantial threat to their lives and that it was not reasonably likely conditions could be remedied within a reasonable amount of time; termination of appellant’s parental rights to her children affirmed
2000153 Christopher Moreland v. Lynchburg Department of Social Services 12/27/2016
No error in trial court’s finding that clear and convincing evidence proved appellant’s children suffered abuse and neglect that presented a serious and substantial threat to their lives and that it was not reasonably likely conditions could be remedied within a reasonable amount of time; termination of appellant’s parental rights to his children affirmed
0080162 Derrick Alexis Williams v. Commonwealth of Virginia 12/20/2016
No error in trial court’s finding that appellant was aware of the presence of the cocaine and exercised dominion and control over it; trial court erred in finding evidence was sufficient to prove a conspiracy existed between appellant and the other occupants of the vehicle
0085162 Robin Lee Elliott v. Bryan Curtis Wendell 12/20/2016
Trial court erred in failing to include provisions in child support order related to health care coverage and unreimbursed medical expenses; matter remanded to trial court for further proceedings
0112163 Joey Eugene Hodnett v. Commonwealth of Virginia 12/20/2016
Appellant failed to present his argument to trial court that officer’s suspicion was dispelled before he asked for appellant’s license and registration and that argument is barred by Rule 5A:18; appellant conceded officer had reasonable, articulable suspicion to stop his vehicle
0117162 Wilbur Maurice Watts v. Commonwealth of Virginia 12/20/2016
Trial court did not err in denying appellant’s motion to suppress where officer’s search of vehicle that resulted in discovery of firearm did not violate appellant’s Fourth Amendment rights as officer had probable cause to arrest appellant for possession of an illegal substance which permitted officer to search vehicle incident to the arrest
0770163 Loretta Roberts-Bond v. Harrisonburg-Rockingham Social Services District 12/20/2016
No error in trial court’s finding that child was a child in need of services in order for her to receive the stability necessary to the child’s condition or in its finding evidence demonstrated foster care goal of adoption was in child’s best interests
1159163 T.T.A.C, a Minor, by her Court-Appointed Attorney v. Harrisonburg-Rockingham Social Services Dist. 12/20/2016
No error in trial court’s finding that child was a child in need of services in order for her to receive the stability necessary to the child’s condition or in its finding evidence demonstrated foster care goal of adoption was in child’s best interests
1573152 Terrell Dewayne Garnett v. Commonwealth of Virginia 12/20/2016
Trial court abused its discretion in admitting text messages from cell phone where evidence was insufficient to establish a foundation for the admissibility of those text messages
1635152 Tyvon Lee Conyers, a/k/a T.Y. v. Commonwealth of Virginia 12/20/2016
Court is unable to reach merits of argument regarding Commonwealth’s hearsay objection during officer’s cross-examination where appellant’s proffer of officer’s earlier testimony was incomplete or inadequate; no error in finding that the abduction of the victim was not incidental to the robbery
1863152 Darryl Lamont Hawkins v. Commonwealth of Virginia 12/20/2016
Trial court erred in denying appellant’s motion for mistrial based on comments made by the Commonwealth’s Attorney during closing argument; conviction of promoting or preparing for dogfighting reversed and remanded to trial court for further proceedings consistent with Court’s opinion
0060161 Gerald E. Wood, Jr. v. Commonwealth of Virginia 12/13/2016
Trial court did not err in admitting into evidence two prior conviction orders that were probative of appellant’s fraudulent intent or in finding appellant possessed a fraudulent intent at the time he accepted the victims’ deposit check
0670161 Goldkress Corp., et al. v. Orthopaedic and Spine Center 12/13/2016
No error in Commission’s finding that contract at issue was ambiguous; Commission erred in applying subsection (b) of Attachment A-2 of contract at issue rather than subsection (a)
0681161 Orthopaedic and Spine Center v. Goldkress Corp., et al. 12/13/2016
No error in Commission’s finding that the anti-assignment provisions of Illinois law did not invalidate contract at issue or in finding appellees did not waive its rights to rely on contracts at issue
1078152 Archie Lavance Simmons v. Commonwealth of Virginia 12/13/2016
No error in trial court’s denial of appellant’s motion to dismiss on speedy trial grounds where appellant’s counsel acquiesced in the continuance of the jury trial when he failed to clearly object to the continuance, which tolled the time period for speedy trial purposes
1083163 Jennifer Yvonne Kelley v. Monticello Area Community Action Agency, et al 12/13/2016
Commission did not err in denying appellant’s claim for benefits where no de facto award existed and appellant did not prove her injury arose out of her employment
1170161 Commonwealth of Virginia v. Lamont Sentel Stallings 12/13/2016
Trial court did not err in granting appellee’s motion to suppress where it made a credibility determination rejecting officer’s testimony concerning appellee’s driving behavior and there was evidence to support that conclusion
1290153 David Louis Volpe v. Commonwealth of Virginia 12/13/2016
No error in trial court’s finding that evidence was sufficient to prove appellant knowingly possessed the cached images found on his computer
1301151 Clarence Epps, Jr. v. Commonwealth of Virginia 12/13/2016
No error in trial court’s finding that evidence was sufficient to prove appellant obstructed the officer in the performance of his official duties as a law enforcement officer
1369152 Darci A. Reilly v. Patrick L. Reilly 12/13/2016
Trial court erred in refusing to reconsider its incorporation of a “Consent Order” into the final order over appellant’s objection and request for a de novo hearing; in awarding attorney’s fees to appellee as a punitive measure; and in delegating to the guardian ad litem authority to unilaterally alter visitation
1722151 Frank Small v. Commonwealth of Virginia 12/13/2016
Evidence was sufficient to prove appellant’s words and acts intimidated the victim sufficiently to cause him to part with his money that appellant demanded; conviction of robbery affirmed
0040163 Rupert Bernard Bonhotel v. Michelle Jane Jones Watts 12/06/2016
Trial court erred in ordering parties to comply with counselor’s recommendations; any error of trial court in conducting in camera review harmless; argument regarding whether exhibit was hearsay or whether its admission was required pursuant to pretrial scheduling order waived
0319161 Chris Durene Harper v. Commonwealth of Virginia 12/06/2016
Evidence was insufficient to support one of appellant’s three abduction convictions and the corresponding conviction of use of a firearm in the commission of a felony
1144151 Antonio Mandell Morris v. Commonwealth of Virginia 12/06/2016
Trial court did not err in denying appellant’s motion to suppress or in finding that evidence was sufficient to prove appellant’s knowing possession of the heroin
1382152 Susan Colbert Medwid v. Commonwealth of Virginia 12/06/2016
Appellant’s conviction of felony hit and run affirmed where appellant failed to provide her identifying information to either law enforcement or the victim, as required by Code § 46.2-894
1815152 Marcus Keon Ruffin v. Commonwealth of Virginia 12/06/2016
No error in trial court’s finding that evidence was sufficient to prove the specific intent for felony destruction of property
2013152 Michael Forrest Kovach v. Commonwealth of Virginia 12/06/2016
Trial court erred in denying motion to strike possession of child pornography charges based on evidence from the unallocated space on the desktop and in the thumb cache on the laptop; trial court did not err in denying motion to strike possession of child pornography charge on desktop using collection zip file or distribution of child pornography charges
2019153 Angelique Teresa Shelley v. Commonwealth of Virginia 12/06/2016
No error in trial court’s finding that picnic table where drug sale took place was readily accessible to the public and “open to public use” as required by Code § 18.2-255.2(A)(2)
2053152 Shayquan Quantae Marshall v. Commonwealth of Virginia 12/06/2016
Trial court did not err in denying appellant’s motion to suppress where any deviation from the traffic stop was de minimis and falls within the good faith exception to the exclusionary rule
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 12/06/2016
Trial court erred in finding evidence sufficient to prove assault and battery where it based its finding on statements allegedly made by a witness that were never admitted at trial and which were contradicted by that witness’ actual testimony at trial
0061161 Geoffrey Odell Ridley v. Commonwealth of Virginia 11/29/2016
No error in trial court’s finding that evidence was sufficient to prove appellant stole the handgun from the victim and sold it to a felon
0481154 Dorothy Elizabeth Cilwa v. Commonwealth of Virginia 11/29/2016
Trial court erred in finding appellant violated her probation and revoking her suspended sentences where the trial court lacked jurisdiction
1802151 Lashonda Marie Mott v. Commonwealth of Virginia 11/29/2016
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of felony child neglect where appellant left her young children without adequate supervision for an extended period of time
1880151 Chelsea Nicole Coston v. Commonwealth of Virginia 11/29/2016
Conviction of petit larceny, third offense affirmed where predicate offenses must occur before date of present offense, but the conviction for the predicate offenses need not predate the current offense
1016162 Arsenio Mojares v. RK Chevrolet, Inc. and VADA Group Self-Insurance Association 11/22/2016
No error in Commission’s denial of appellant’s claim for medical benefits where appellant failed to establish the requisite causal connection between his employment and his accident
1285152 Thaddeus Anthony Ruane v. Cynthia Ann Ruane 11/22/2016
Trial court did not err in awarding spousal support and attorney’s fees and costs to appellee; trial court erred in incorporating the parties’ 2010 separation agreement into the pendente lite order and amount of award of spousal support to appellee and equitable distribution of appellant’s military retirement pension reversed and remanded to trial court
1723151 Jamir Jordan v. Commonwealth of Virginia 11/22/2016
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of aggravated malicious wounding and that appellant acted as a principal in the second degree in the aggravated malicious wounding of the victim
1775151 Dano Joseph Armstrong, Jr. v. Commonwealth of Virginia 11/22/2016
Trial court did not err in denying appellant’s motion to vacate where appellant testified at the suppression hearing and that testimony was offered into evidence at trial and the trial court was entitled to rely upon defense counsel’s representation that appellant was presenting no further evidence
0288164 Dae C. Kim v. Virginia Board of Accountancy 11/15/2016
Decision of trial court affirming appellee’s determination affirmed in part and reversed in part and remanded to trial court for remand to appellee for further proceedings
0414164 Christian A. Von Hassell v. Elizabeth Von Hassell 11/15/2016
Final decree of trial court regarding equitable distribution, spousal support, and contempt findings affirmed in part, reversed in part, and remanded to the trial court
0610154 Dale Smith, a/k/a Dale C. Smith, Jr. v. Commonwealth of Virginia 11/15/2016
Trial court erred in finding it was divested of jurisdiction to hear appellant’s motions to withdraw as counsel and to withdraw his guilty plea because appellant had filed a notice of appeal before filing the motions; remanded to trial court for a hearing on those motions
0679154 J.V., a Minor, by her Mother and Next Friend, Anette H. Veldhuyzen v. Stafford County School Board 11/15/2016
Court finds assignments of error waived for appellant’s significant failure to comply with the rules of court
1097154 Dale Smith, a/k/a Dale C. Smith, Jr. v. Commonwealth of Virginia 11/15/2016
Trial court erred in finding it was divested of jurisdiction to hear appellant’s motions to withdraw as counsel and to withdraw his guilty plea because appellant had filed a notice of appeal before filing the motions; remanded to trial court for a hearing on those motions
1215151 William Thomas Johnson, II v. Commonwealth of Virginia 11/15/2016
Trial court erred in denying appellant’s motion to suppress where the time between the K9 officer’s arrival until the time appellant confessed and was arrested was not de minimis for Fourth Amendment purposes and the continued seizure of appellant violated the Fourth Amendment
1888151 David Allen Peters v. Commonwealth of Virginia 11/15/2016
No error in trial court’s finding that appellant initiated contact with the victim in violation of the protective order and that the conduct amounted to stalking and violated the protective order
1953153 Christian Luke Riddle v. Commonwealth of Virginia 11/15/2016
No error in trial court’s finding that evidence was sufficient to prove appellant possessed with intent to distribute an imitation controlled substance
2082154 Rosangela Spradling v. Commonwealth of Virginia 11/15/2016
Trial court did not abuse its discretion in imposing a fifteen-year sentence on appellant as it did not exceed the statutory guidelines; appellant’s argument regarding constitutionality of Code § 19.2-298.01(F) is barred by Rule 5A:18
0121164 Jessica Lynn Kumar v. Sanjeev Kumar 11/08/2016
Trial court did not abuse its discretion by incorporating the parties’ property settlement agreement into the final decree with the exception of the date appellee was to begin paying child support or in finding the August 27, 2015 hearing was not a proceeding on the issue of determining child support
1444152 Arnold Raphael Eason, s/k/a Arnold R. Eason, Jr. v. Commonwealth of Virginia 11/08/2016
No reversible error in trial court’s denial of appellant’s motion to present demonstrative evidence; evidence was sufficient to find appellant was the criminal agent, had the specific intent to kill, the abduction was not intrinsic to the robbery, and abducted one of the victims with the intent to extort money or pecuniary benefit
1639153 Adrian Saunders v. Commonwealth of Virginia 11/08/2016
No error in appellant’s conviction of perjury where it had sufficient evidence to establish the materiality of appellant’s testimony and to corroborate witness’ testimony
1951153 Roy Edward Haley v. Commonwealth Virginia 11/08/2016
Trial court did not abuse its discretion in admitting blood analysis from blood sample taken from appellant by nurse, where, by reason of her status as a registered nurse, she was authorized to withdraw blood for use in a DUI prosecution
1993152 Barry Keith Ashworth v. Commonwealth of Virginia 11/08/2016
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the intent to maim, disfigure, disable or kill victim based on circumstances of attack
0048163 Timothy Raymond Carter v. Commonwealth of Virginia 11/01/2016
Trial court did not err in denying appellant’s motion for a mistrial and a new trial; no reversible error in trial court’s decision to declare a witness hostile and adverse; evidence was sufficient to support appellant’s convictions of second-degree murder and use of a firearm in the commission of a murder
0800162 Florida Velazquez v. Prince Edward County Department of Social Services 11/01/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
0831162 Commonwealth of Virginia v. Markcus Anthony White 11/01/2016
Trial court did not err in dismissing charge against appellant where Commonwealth missed the speedy trial deadline
0867151 Floyd William Logan, IV v. Commonwealth of Virginia 11/01/2016
No error in trial court’s finding that appellant premeditated his daughter’s murder and caused her fatal injuries
1449151 William Lee Whiting v. Commonwealth of Virginia 11/01/2016
No error in trial court’s finding that incidental detention doctrine does not apply in this case and evidence was sufficient to prove attempted abduction; trial court erred in revoking appellant’s suspended sentence without affording him a revocation hearing
1512151 Jonathan Mark Karika v. Commonwealth of Virginia 11/01/2016
Trial court had subject matter jurisdiction over this matter where Article 1, Section 8 of the Virginia Constitution was complied with; no reversible error in trial court’s decision to sustain Commonwealth’s objection to the admissibility of the 911 recording after finding the recording was hearsay
1618154 Anthony R. Bedell v. Christina M. Muller 11/01/2016
Decision of trial court allowing appellee and parties’ children to move to Front Royal affirmed where some issues are barred by Rule 5A:18 and trial court’s findings that appellee’s relocation was not for an improper purpose and that appellant’s relationship with children could be substantially maintained despite move
1793154 Horace Thompson Owens, Jr. v. Commonwealth of Virginia 11/01/2016
Denial of appellant’s motion to withdraw his guilty pleas reversed where appellant was denied his constitutional right to be represented by counsel at the hearing on his motion
0415164 Karen Bonsack v. Michele Gregory 10/25/2016
Trial court erred in granting appellee’s “Motion to Dismiss and for Summary Judgment” where appellant’s petitions for visitation should have been resolved on the merits during the already scheduled trial
0416164 Karen Bonsack v. Michele Gregory 10/25/2016
Trial court erred in granting appellee’s “Motion to Dismiss and for Summary Judgment” where appellant’s petitions for visitation should have been resolved on the merits during the already scheduled trial
0971151 Davianta Malik Grandy v. Commonwealth of Virginia 10/25/2016
Trial judge did not abuse her discretion in denying appellant’s motion to recuse her from his sentencing hearing or to declare a mistrial based on her alleged bias
1228151 Corey Nishawn Dagner v. Commonwealth of Virginia 10/25/2016
No error in trial court’s finding that evidence was sufficient to prove appellant was aware of the presence and character of the firearm and exercised dominion and control over it
1234151 Justin Lee Lunceford v. Commonwealth of Virginia 10/25/2016
Trial court erred in finding evidence was sufficient to prove the victim of the abduction was detained through intimidation where record does not support reasonable inference that the victim’s fear of bodily harm overrode her ability to leave
1396154 Marques Lavar Moulds v. Commonwealth of Virginia 10/25/2016
Trial court erred in refusing to admit prior inconsistent statements of victim for impeachment purposes
1432151 Andrew C. Stephens, s/k/a Andrew Charles Stephens v. Commonwealth of Virginia 10/25/2016
No error in appellant’s conviction of aggravated malicious wounding where evidence did not contain a reasonable theory of innocence, excluded all hypotheses other than abusive head trauma and that appellant was the cause of that trauma, and that appellant acted with requisite malice; appellant failed to proffer expected answers from his witness regarding biomechanics
0105161 Steven Echevarria v. City of Chesapeake 10/18/2016
No error in Commission’s denial of benefits as appellant did not prove his accident arose out of his employment where he failed to prove a defect in the stairway or a condition of his employment caused his injury
0644151 Billy Joe Maurice v. Commonwealth of Virginia 10/18/2016
No error in trial court’s finding that the abduction or detention of the victim was separate and apart from the sexual offenses
0785151 Wayne Gibson Weis, Jr. v. Commonwealth of Virginia 10/18/2016
Trial court did not abuse its discretion in refusing to strike juror for cause where it had opportunity to observe juror’s demeanor, to hear his responses, and to form an opinion as to whether juror had a fair, impartial, and open state of mind
1056151 Steven Cornelius Rogers v. Commonwealth of Virginia 10/18/2016
No reversible error by trial court in admitting sentencing information contained in orders introduced to prove prior convictions where jury was given a curative instruction, overwhelming evidence established appellant’s guilt, and procedural posture of case lessened any prejudicial effect
1567154 Liza Marie Pence v. Gregory Allen Pence 10/18/2016
Judgment of trial court regarding equitable distribution affirmed in part and reversed in part and remanded to trial court
1591154 Gregory Allen Pence v. Liza Marie Pence 10/18/2016
Judgment of trial court regarding attorney’s fees and denial of spousal support affirmed
1625151 Michael Ray Jennings v. Commonwealth of Virginia 10/18/2016
No error in trial court’s finding that evidence was sufficient to prove appellant entered the victim’s home with intent to interfere with her right to enjoy her home free from interference
1813154 Gregory Allen Pence v. Liza Marie Pence 10/18/2016
Judgment of trial court regarding child support reversed and remanded to trial court
0103163 Valerie Jill Rhudy Minor v. Timothy M. Barrett 10/11/2016
Decision of trial court to vacate juvenile court order and dismiss appellant’s motion to amend reversed and remanded to trial court for a hearing de novo; decision of trial court to allow appellant’s husband, an attorney, to represent appellant at hearing affirmed
0199164 Eddie Cisneros v. Arlington County Department of Human Services 10/11/2016
Summary affirmance – trial court did not err in dismissing appellant’s appeal for lack of jurisdiction where appellant’s motion did not comply with statutory scheme to terminate his parental rights and approve goal of adoption
0316163 Timothy Wayne Wooddell, Jr. v. Harrisonburg-Rockingham Social Services District 10/11/2016
No error in trial court’s finding that termination of appellant’s parental rights to two of his children was in their best interests
0338163 Amanda Osborne Wooddell v. Harrisonburg-Rockingham Social Services District 10/11/2016
No error in trial court’s finding that termination of appellant’s parental rights to two of her children was in their best interests
0485162 Virginia Department of Corrections v. Tammy Estep 10/11/2016
Trial court erred in concluding it had no authority to construe the meaning of the hearing officer’s decision and to make factual findings regarding whether appellant complied with the hearing officer’s decision by offering appellee “comparable” positions
0886161 Lawrence A. Kesser v. Caryn F. Kesser 10/11/2016
Appeal dismissed where appellant was the prevailing party below, not an aggrieved party pursuant to Code § 17.1-405, and lacked standing to appeal the trial court’s decision
0918162 Kara Natonia Thomas v. Hallmark Systems, Inc. and LM Insurance Corporation 10/11/2016
Summary affirmance – Commission did not err in denying appellant’s claim for permanent partial disability
1080162 The TJX Companies, Inc/Marshall's, et al v. Byron Howcott, et al 10/11/2016
Summary affirmance – no error in Commission’s finding that appellants, as appellee’s statutory employer, were responsible for appellee Howcott’s workers’ compensation benefits
1473151 Abdul Hakim Grant v. Commonwealth of Virginia 10/11/2016
Appellant’s issue raised on appeal regarding whether trial court erred by denying his motion for a mistrial waived on appeal where appellant failed to timely move for a mistrial
0339154 Kondwani Grady v. Commonwealth of Virginia 10/04/2016
Trial court did not abuse its discretion in admitting officer’s testimony about the appellant’s admission of guilt where the challenged evidence was properly authenticated and admissible under the admission of a party opponent exception to the rule against hearsay
0421164 Anastasia Chand v. Joshua Chand 10/04/2016
Summary affirmance – trial court did not err in granting appellee’s demurrers and denying appellant’s petitions to dissolve adoptions where trial court correctly held it did not have jurisdiction to dissolve the adoptions
0461162 Alan Stanley Petersen v. Tina Robertson Petersen 10/04/2016
Summary affirmance – trial court did not err in denying appellant’s motion for visitation and ordering that he have no contact with the child
0912152 Gerald Deandre Lewis v. Commonwealth of Virginia 10/04/2016
Evidence was sufficient to support appellant’s conviction for possession of marijuana with intent to distribute where appellant possessed a large amount of marijuana, the manner in which it was packaged was inconsistent with personal use, and appellant possessed a large amount of cash
1500154 Andrea Rochelle Fripp-Hayes v. Commonwealth of Virginia 10/04/2016
Evidence was sufficient to support appellant’s conviction of obstruction of justice where her behavior completely precluded officer from carrying out his investigation and established that she acted with the intent to obstruct
1733154 Robert Clark Wagner v. Diane Louise Wagner 10/04/2016
Trial court did not err in finding that appellee’s deception did not constitute an adequate ground to set aside the 1999 final divorce decree or in ordering appellee to pay $2000 of appellant’s attorney’s fees
1810152 Ulysses Blanding, Jr. v. Commonwealth of Virginia 10/04/2016
No reversible error in trial court’s refusal to admit testimony from appellant’s psychiatrist where any memory lapse about the incident did not tend to prove appellant did not commit the murder and there was extensive direct and circumstantial evidence linking appellant to the murder
0262164 Paula Harris and James Harris v. Clarke County Department of Social Services 09/27/2016
Summary affirmance – trial court did not err in dismissing appellants’ petition for custody of their great-grandson where it found it was not in child’s best interest to be placed with appellants and appellants were not a suitable placement for child
1250154 Gary Stephen Hankins v. Commonwealth of Virginia 09/27/2016
Any error by trial court in admitting officer’s testimony about his interview with the victim was harmless where that testimony was largely cumulative and there was other considerable evidence of appellant’s guilt; trial court did not abuse its discretion in admitting text messages from the victim to appellant
1797153 Andrew Lewis Watkins, Jr. v. Commonwealth of Virginia 09/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed an unlawful act when he struck the victim in the face with significant force causing the victim to fall and hit his head and ultimately caused the victim’s death
1945154 Sabel M. Wheeler v. Andre L. Lincoln 09/27/2016
Trial court did not err in awarding primary physical custody of the parties’ child to appellee after properly taking into account all the factors set forth in Code § 20-124-3
0439161 Ivy Edwina Mooney v. Newport News Department of Human Services 09/20/2016
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interest
0998154 Lorenzo Atha Holley v. Commonwealth of Virginia 09/20/2016
Appellant’s sentence affirmed where implementation of sentencing guidelines is appropriately left to discretion of trial court and Court cannot afford relief for consideration of a fact that was part of the uncontested proffered evidence offered at guilty plea hearing
2010154 Richard Yergovich v. Commonwealth of Virginia 09/20/2016
No error in trial court’s finding that evidence was sufficient to prove malice where appellant intentionally started the fire in his bedroom in his parents’ basement resulting in injury to his father, damage to the home, and destruction of property of others
0082163 Raymond Joseph Shuler v. Jeannie Marie Stedham Shuler 09/13/2016
Summary affirmance – trial court did not err in valuing appellant’s business based on appellee’s evidence where it was the only evidence of value presented to the trial court
0413162 Ellett Richard McGeorge, III and Rhetta Moore Daniel v. Carolyn Tye McGeorge 09/13/2016
Judgment of trial court finding McGeorge in contempt of court for failing to pay child support and uninsured medical expenses summarily affirmed; appeal of sanctions and award of attorney’s fees to appellee imposed on Daniel dismissed for failure to comply with Rule 5A:20
0533161 Commonwealth of Virginia v. Stephen Lamar Garrick 09/13/2016
Trial court erred in suppressing evidence obtained from search of vehicle where totality of circumstances provided sufficient probable cause to support search; search of appellee’s person was justified by his arrest based on active warrant
1031144 Brent David Taylor v. Commonwealth of Virginia 09/13/2016
Trial court did not err in refusing to suppress appellant’s statements made prior to custodial interrogation or in denying appellant a rape shield hearing; trial court erred in refusing to suppress statements and written apology appellant made after he was subject to a custodial interrogation
0488161 Jeronda Wilson v. City of Hampton Department of Social Services 09/06/2016
Summary affirmance – trial court did not err in approving foster care plans with goals of adoption
0531154 Joseph William Melice v. Commonwealth of Virginia 08/30/2016
No reversible error in appellant’s convictions of possession of oxycodone and possession of methadone where admission of officer’s limited testimony regarding content of text messages had no substantial influence on finder of fact
1305154 Tobias Ogbanna Reed v. Commonwealth of Virginia 08/30/2016
Trial court did not err in issuing a subpoena duces tecum for phone records or in denying appellant’s motion to suppress and motion to quash
0266163 Melinda Marie Biby, s/k/a Malinda Marie Biby v. Shenandoah Valley Department of Social Services 08/23/2016
Appellant’s argument regarding whether trial court erred in not speaking with her child over the age of fourteen waived; trial court did not err in denying appellant’s request for a court reporter where the record is sufficiently complete
0267163 Melinda Marie Biby, s/k/a Malinda Marie Biby v. Shenandoah Valley Department of Social Services 08/23/2016
Trial court did not err in terminating appellant’s parental rights to her child where appellant’s substance abuse problems presented a serious threat to her child; trial court did not err in denying appellant’s request for a court reporter where the record is sufficiently complete
0376162 Commonwealth of Virginia v. Stephen Allen Donald and Deoclecio Ronan Sampaio 08/23/2016
Trial court did not make an error of law in finding that the officers did not have reasonable suspicion to stop appellees for a suspected jaywalking violation
0455154 J.K.N. v. Commonwealth of Virginia 08/23/2016
No error in trial court’s finding that conditions of probation contained in juvenile court’s January 10, 2013 order were still in effect at time appellant left and remained away from her mother’s home in violation of those probation conditions
1526152 Javonna Camp v. Fredericksburg Department of Social Services 08/23/2016
Summary affirmance – no error in trial court’s holding that appellant was sufficiently put on notice of the consequences of the termination proceedings
0323161 Randy D. Johnson v. Cindy Lolita Johnson 08/16/2016
Summary affirmance - trial court did not err in declining to impute income to appellee for spousal support and child support purposes
0522161 Basil Gaissert v. Jennifer Joanne Estrem Gaissert 08/16/2016
Summary affirmance - trial court did not err in awarding child support of the parties' adult son to appellee, awarding appellee a divorce on her complaint, and permitting appellee to pursue equitable distribution
0621164 Prince William County Schools and VML Insurance Programs v. Laura M. Adney 08/16/2016
Summary affirmance – no error in Commission’s finding that appellee sustained a compensable injury by accident to her head
0992152 Barry Nelson Thomas, Jr. v. Commonwealth of Virginia 08/16/2016
Judgment of trial court granting Commonwealth’s motion in limine regarding excluding evidence concerning appellant’s use of suffix “El” affirmed
0608164 The Fresh Market and XL Insurance America, Inc. v. Hany M. Mankaruos 08/09/2016
Summary affirmance – no error in Commission’s award of medical benefits and two closed periods of temporary total disability benefits
0620164 City of Danville v. Larry Bobby Gene Barton 08/09/2016
Summary affirmance – no error in Commission’s finding that appellee’s benefits should not be terminated
0696164 Republic Services of Virgina, LLC et al. v. George P. Opoku 08/09/2016
Summary affirmance – no error in Commission’s finding that appellee sustained a compensable injury by accident and that his claim was not barred by willful misconduct
0602152 Demetrius Arnez Holmes v. Commonwealth of Virginia 08/02/2016
Trial court did not err in refusing to strike potential juror for cause where record supports trial court’s finding that juror would follow trial court’s instructions based on her responses to trial court’s and attorneys’ questions
1178154 Adrienne Pederson v. Shawn D. Pederson 08/02/2016
No error in trial court’s equitable distribution award where it was based on evidence in record and trial court appropriately considered statutory factors
1649151 Miller Oil Company and Old Republic Insurance Co. v. Catherine Freeman 08/02/2016
No error in Commission’s decision allowing appellee to change her treating physician where it determined that appellee suffered a work-related injury and that treatment of that injury necessitated a change in medical provider
2093154 Adrienne Pederson v. Shawn D. Pederson 08/02/2016
Trial court’s entry of QDROs proposed by appellee affirmed
0321162 Joseph Johnson v. Bearing Contracting t/a Bearing Masonry, et al. 07/26/2016
Summary affirmance – appellant’s failure to comply with Rules 5A:4 and 5A:20 is significant and Court will not consider his arguments
0506161 Louisiana Chemical Dismantling Company and Great Divide Insurance Company v. Charles Russell, III 07/26/2016
Summary affirmance – no error in Commission’s finding that appellee was entitled to temporary total disability benefits from April 10, 2015 and continuing
1510152 Justin B. Friedrichs v. Erica L. Brown 07/26/2016
Trial court did not err in finding that appellant did not prove a material change in circumstances since the most recent custody and visitation order and that appellee was entitled to attorney’s fees and costs where appellant was responsible for prolonging the litigation
1531152 Ciara Lashele Watkins v. Commonwealth of Virginia 07/26/2016
No error in trial court’s finding that the worthless check appellant wrote was issued to satisfy her obligation under the newly formed contract, not to pay an existing debt
1623153 Dustin Crosby Kincaid v. Commonwealth of Virginia 07/26/2016
Evidence was insufficient to prove a contemporaneous intent to distribute methamphetamine where appellant possessed only methamphetamine residue from a glass pipe
1780152 Kathleen Ann McKenna v. George F. Harple 07/26/2016
Summary affirmance – trial court did not err in imputing income to appellant, in refusing to award part of appellee’s retirement funds to appellant, and in awarding attorney’s fees to appellee
0124163 Georgianna Lynn Ayers v. Lynchburg Department of Social Services 07/19/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental right to her child was in child’s best interests where appellant could not recognize and meet her child’s needs
0143164 Sears and Ace American Insurance Company v. Patricia Baltian 07/19/2016
Summary affirmance – no error in Commission’s findings that appellee suffered a left knee injury in a compensable work accident and that the ongoing disability was causally related to the accident
0706154 Robert Leroy Moore, IV v. Commonwealth of Virginia 07/19/2016
Trial court did not err at sentencing in listening to and considering the contents of a jailhouse recording between appellant and his girlfriend
0782152 Tiffany Byrd v. Petersburg Department of Social Services 07/19/2016
Appeal dismissed where orders appeal from were adjudicatory in nature and not final orders for purposes of appeal as they were not entered pursuant to Code § 16.1-278.2
0816153 Angela M. Gregory v. Pamela S. Martin 07/19/2016
Trial court erred by not allowing appellant to present evidence regarding her relationship with the child and in concluding child never had a relationship with appellant
1470154 Calvin E. Williams, Sr. v. Jacqueline Jacobs Williams 07/19/2016
Summary affirmance – judgment of trial court affirmed where appellant failed to provide an adequate appendix to enable Court to address his assignments of error
1732152 Kathy Fitzgerald Harwood v. Buckingham County Department of Social Services 07/19/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her child was in child’s best interest
1942153 Francene K. Meade (Sowards) v. Lenville Jessie Sowards 07/19/2016
Trial court erred in its decision concerning the valuation of appellant’s interest in appellee’s retirement benefits where it impermissibly modified the method by which appellant’s interest should have been calculated
0499162 New Bell Truck Lines, Inc. and Great West Casualty Company v. Danny Jenkins 07/12/2016
Summary affirmance - no error in Commission's finding that appellee was an employee and that appellee sustained a compensable injury by accident that arose out of his employment
0848152 Bradford Lynorris Gaskins v. Commonwealth of Virginia 07/12/2016
Judgment of trial court affirmed as appellant waived his speedy trial claim an appeal due to the lack of an indispensable transcript
1039152 David Gene Thorsted v. Commonwealth of Virginia 07/12/2016
Trial court did not err in denying motion to dismiss as appellant's right to a speedy trial was not violated
1445152 Brando Clifton Carter, s/k/a Brando Scott Carter v. Commonwealth of Virginia 07/12/2016
Trial court erred in finding evidence sufficient to prove appellant agreed to distribute cocaine with any other individual
0083162 Daniel Arceo v. Department of Social Services 07/05/2016
Summary affirmance – in grievance appeal, no basis exists to conclude the hearing officer’s decision was contrary to law.
1043152 Robert John Dodd v. Commonwealth of Virginia 07/05/2016
Motion for a mistrial was not timely made and was therefore waived; trial court did not abuse its discretion in denying motion for mistrial.
1344154 Elizabeth M. Molchany, Guardian ad litem for J.S.D., a minor v. Candice Draughn 06/28/2016
Trial court did not abuse its discretion in awarding primary physical custody of child to appellee or in finding appellee purged her contempt; this Court does not have jurisdiction over trial court’s refusal to find a litigant in contempt
0350164 Republic Services of Virginia, LLC and Indemnity Ins. Co. of N. America v. John Morton 06/21/2016
Summary affirmance – no error in Commission’s finding that appellee’s claim for benefits was not barred by willful misconduct
0007163 Keith Wayne Mabe v. Anita Karen Mabe 06/14/2016
Summary affirmance – trial court did not err in granting appellee divorce where appellant left the marriage with the intent to separate permanently, in refusing to issue appellant a credit for payments on the parties’ vehicle, or in refusing to give appellant a credit for a mortgage payment
1906151 Marlene M. Brown v. Phitroy Gordon 06/14/2016
Summary affirmance – order of trial court awarding custody of parties’ child to appellee affirmed where arguments raised on appeal were not presented to trial court
0001164 Fairfax County School Board v. Michael S. Hall 06/07/2016
Summary affirmance – no error in Commission’s finding that appellee proved a compensable injury by accident and a causal connection between his disability and his injury
0881151 Joshua Charles Moseley v. Commonwealth of Virginia 06/07/2016
Trial court erred in finding evidence sufficient to support appellant’s convictions of statutory burglary and grand larceny where evidence was insufficient to permit application of larceny and burglary inferences of criminal agency to presence of stolen items in vehicle and circumstantial evidence did not link appellant to the offenses beyond a reasonable doubt
1900153 Ronald Redman, Jr. v. Roanoke City Department of Social Services 06/07/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant failed to make substantial progress towards elimination of the conditions leading to child’s placement in foster care and termination was in child’s best interest
0625154 Shelia Renea O'Reilly v. Timothy Patrick O'Reilly 05/31/2016
Summary affirmance – no error in trial court’s order regarding child support and unreimbursed medical expenses of the children
1943152 Sharnice Cromartie v. Hopewell Department of Social Services 05/31/2016
No error in trial court’s finding that there were no suitable relatives for placement of appellant’s children and that termination of appellant’s parental rights to her children was in their best interests
2066153 William Thomas, III v. Elizabeth Faye Owens Thomas 05/31/2016
Summary affirmance – trial court did not err in its interpretation of the premarital agreement to the division of the parties’ property
2261143 Cordell Lionel Carter v. Commonwealth of Virginia 05/31/2016
Trial court did not abuse its discretion in limiting testimony regarding victim’s prior acts of violence and did not err in denying motion to set aside verdict where witness’ testimony was not material to the ultimate finding of guilt by the jury; argument regarding admission of evidence of victim’s threat to kill appellant barred by Rule 5A:18
0039163 Osteopathic Physicians of Charlottesville, Ltd., etc. vs. Fluvanna Correctional Center, et al. 05/24/2016
Summary affirmance – no error in Commission’s determination of prevailing community rate for medical services provided by appellant
0140163 Felicia Elizabeth Feaster v. Harrisonburg Rockingham Social Services District 05/24/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child after finding appellant was unwilling or unable to remedy, within a 12-month period, conditions that resulted in child’s placement in foster care
0717152 Osmand G. Harris, Jr. v. Commonwealth of Virginia 05/24/2016
Trial court did not err in denying appellant’s motion to suppress statements made after he was advised of his Miranda rights and physical evidence obtained from his scooter or in finding evidence was sufficient to support convictions
1796153 Sheldon Lee Mongold v. Harrisonburg Rockingham Social Services District 05/24/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child after finding appellant was unwilling or unable to remedy, within a 12-month period, conditions that resulted in child’s placement in foster care
1883154 Commonwealth of Virginia v. Ventura Linares Caballero 05/24/2016
Order of trial court suppressing statements made by appellee to officers affirmed where Commonwealth failed to timely file transcript of October 23, 2015 motions hearing and that transcript is indispensable for resolution of issues raised on appeal
0472151 Christopher J. Bloodworth v. Commonwealth of Virginia 05/17/2016
No error in trial court’s finding that appellant was in the house damaging property and had taken and carried away valuable materials therein with the intent to permanently deprive the owners thereof
0972151 Maurice Dontrell Boykins v. Commonwealth of Virginia 05/17/2016
Trial court did not err in denying appellant’s motion to suppress where discovery of heroin occurred during a search incident to an unchallenged arrest for obstruction of justice
1042151 Gregory Lewis, s/k/a Gregory David Lewis v. Lisa Lewis 05/17/2016
No error in trial court’s finding that parties’ agreement contained a drafting error resulting from a mutual mistake and regarding reformation of the agreement; trial court erred in awarding attorney’s fees to appellee
1746152 Carrie E. Allen v. Henrico Department of Social Services 05/17/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest where appellant had not substantially remedied conditions leading to child’s being in and remaining in foster care
1867154 Richard Gitter v. Carrie Gitter 05/17/2016
Summary affirmance – no error in trial court’s award of expert witness fees and attorney’s fees to appellee
1932151 Omar Stephens, a/k/a Joe Black Stephens v. Yulia Chrismon 05/17/2016
Summary affirmance – trial court did not err in finding appellant had notice of the hearing dates and in dismissing his appeal for his failure to comply with appellee’s discovery requests and his failure to sign the medical release form requested by the guardian ad litem
2267141 Kenneth R. Merchant v. Commonwealth of Virginia 05/17/2016
Trial court did not abuse its discretion in admitting evidence of unadjudicated criminal activity during sentencing phase of the proceeding where it bore sufficient indicia of reliability
2268141 Brionne Alexander Covil v. Commonwealth of Virginia 05/17/2016
Trial court did not abuse its discretion in admitting two prior conviction orders where the orders unquestionably provide at least some proof of the prior convictions
0024162 Lisa Meria May Gust v. Alexander Mark Gust 05/10/2016
Summary affirmance – trial court did not err in denying appellant’s motion for continuance or in finding prenuptial agreement was valid and enforceable; final decree of divorce affirmed
0099162 The Estate of Floyd Ramsey Sims v. Pike Electric Inc. and Liberty Insurance Corporation 05/10/2016
Summary affirmance – no error in Commission’s denial of benefits where the injuries by accident did not occur in the course of employment
0100162 Phillip Dwayne Stiltner v. Pike Electric Inc. and Liberty Insurance Corporation 05/10/2016
Summary affirmance – no error in Commission’s denial of benefits where appellant’s injuries by accident did not occur in the course of his employment
0225162 VCU Health Systems/Commonwealth of Virginia v. Karen George 05/10/2016
Summary affirmance – Commission did not err in finding appellant was not entitled to an evidentiary hearing, finding doctor was not the authorized treating physician for appellee, or in ordering appellant to provide appellee with a panel of pain management physicians
0753151 Paul David Dayquan Lynch, Jr., a/k/a Paul David Lynch, Jr. v. Commonwealth of Virginia 05/10/2016
No error in trial court’s finding that evidence sufficiently established appellant’s possession of a firearm after having been previously convicted of a violent felony
0901152 Lisa Meria May Gust v. Alexander Mark Gust 05/10/2016
Summary affirmance – trial court did not err in denying appellant’s motion for continuance or in finding prenuptial agreement was valid and enforceable; final decree of divorce affirmed
1164153 Steven Eugene Mascho, Jr. v. Commonwealth of Virginia 05/10/2016
No error in trial court’s finding that evidence was sufficient to prove appellant guilty of grand larceny where trial court could have reasonably disbelieved appellant’s and his father’s testimony and found that appellant absconded with the victim’s property
1550143 Karen Elaine Bryant v. Commonwealth of Virginia 05/10/2016
Trial court did not abuse its discretion in admitting evidence of appellant’s prior reports of sexual assault or err in finding evidence was sufficient to prove intended to mislead when she made the false report to a police officer
0215153 Joshua Marcel Davis v. Commonwealth of Virginia 05/03/2016
Judgment of trial court affirmed where appellant never raised issue of delayed entry of order at pre-trial suppression hearing and Code § 19.2-254 precludes review unless issue is jurisdictional, trial court properly had jurisdiction, review of issue barred by Rule 5A:18, and as timing of order was procedural ends of justice exception does not apply
0760151 Christopher Ray Ballard v. Commonwealth of Virginia 05/03/2016
Trial court erred in admitting hearsay testimony regarding unauthorized credit card activity from one of the victims-conviction of credit card fraud reversed and remanded to trial court; convictions of credit card theft affirmed
0786153 Philip Allen Chambers v. Commonwealth of Virginia 05/03/2016
Trial court did not err in resolving conflicting testimony in Commonwealth’s favor when it credited testimony of officers over that of appellant and found shooting in appellant’s residence was intentional
0800152 Joel Malik Hicklin v. Commonwealth of Virginia 05/03/2016
Trial court did not err in denying appellant’s motion to set aside verdict where no Brady violation occurred as victim’s pending charges in another jurisdiction were not favorable to appellant for impeachment purposes or in finding evidence sufficient to prove appellant possessed a firearm
0861151 Kimberlee Dietz v. Commonwealth of Virginia 05/03/2016
No error in trial court’s finding that evidence was sufficient to prove appellant used an electronic communications system to procure or promote illegal activity with a minor and that appellant acted with lascivious intent
1588152 Jamilla Burney-Divens v. Community Corrections Administration/Commonwealth of Virginia 05/03/2016
No error in Commission’s findings that appellant failed to establish her injury arose out of her employment, that she did not prove an idiopathic condition, and that she failed to demonstrate her accident was caused by an actual risk of her employment
1926152 Jody Chyenne Lambert v. Appomattox County Department of Social Services 05/03/2016
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interests
1983144 William Joseph Hughes v. Commonwealth of Virginia 05/03/2016
No reversible error in trial court’s decision to admit testimony from detective regarding motorcycle clubs and their culture where given cumulative nature of the testimony, circumstances limiting its prejudicial effect, and strength of Commonwealth’s case, its admission did not affect jury’s verdict
0111164 Purcellville Motors, Inc. and Erie Insurance Exchange v. Jack Anthony Farr 04/26/2016
Summary affirmance – no error in Commission’s award of permanent partial disability benefits to appellee
0632152 Cowarren Nathaniel Wiggins v. Commonwealth of Virginia 04/26/2016
No error in trial court’s finding that appellant possessed the marijuana with the intent to distribute it; trial court erred in finding evidence was sufficient to support felony child neglect conviction where evidence did not prove a reckless disregard for child’s life
1582152 Robert Williams v. Prince George Department of Social Services 04/26/2016
Trial court did not err in approving goal of adoption for appellant’s child where appellant had not substantially remedied situation that led to child remaining in foster care
1676153 The Uninsured Employer's Fund v. Charlie Jeffreys 04/26/2016
No error in Commission’s finding that Annie Mosby was not appellee’s employer; Commission erred in finding that appellant waived its argument regarding whether Historical Society/Church was not appellee’s employer
1752152 Robert Williams v. Prince George Department of Social Services 04/26/2016
Trial court did not err in terminating appellant’s parental rights to his child where evidence proved termination was in child’s best interest
1920152 Mark Stadler v. Thyssenkrupp Elevator Corporation and Indemnity Insurance Company of N. America 04/26/2016
No error in Commission’s finding that appellant failed to establish that his right shoulder injury was causally related to his falls
0406152 Anthony E. Buisset, s/k/a Anthony Earl Buisset v. Commonwealth of Virginia 04/19/2016
No error in trial court’s finding that evidence was sufficient to prove value of stolen trailer tongues was $200 or more
0857151 Tanita Everett, s/k/a Tanita Monique Everett v. Commonwealth of Virginia 04/19/2016
Trial court did not abuse its discretion in allowing Commonwealth to impeach its witness with her prior inconsistent statements
1410152 Curtis Dwayne Brockington v. Commonwealth of Virginia 04/19/2016
No error in trial court’s finding that appellant knowingly failed to reregister as a sex offender
1711143 Johnnie Alphonzo Garland v. Commonwealth of Virginia 04/19/2016
Appellant’s argument that jury was not instructed on simple possession and could not convict him of that offense barred by Rule 5A:18 and ends of justice exception does not apply where jury did receive instruction on essential elements of possession of cocaine
0269151 Cary Daniel Parsons v. Commonwealth of Virginia 04/12/2016
No error in trial court’s finding that evidence was sufficient to prove appellant had been convicted of two prior DUI offenses in the preceding ten years
0597153 Robert Lynn McDaniel v. Ginny White Griffith 04/12/2016
Trial court erred in finding appellant was in breach of contract by hiring a contractor to perform construction on home without appellee’s input where such input or approval was not contemplated by the parties to the contract
1518151 Morrison Comprehensive Learning Center, LLC v. Virginia Department of Medical Assistance Services 04/12/2016
Trial court did not err in upholding appellee’s determination that appellant was overpaid for services provided to Medicaid patients and that appellee was entitled to repayment for appellant’s failure to adequately document services
1673153 Susan E. Quillen v. Commonwealth of Virginia, et al. 04/12/2016
Summary affirmance – appellant’s arguments raised on appeal waived where appellant failed to comply with Rule 5A:25 and filed an inadequate appendix that failed to include several significant documents necessary for addressing her assignments of error
1930152 Deljuan Curry v. Hopewell Department of Social Services 04/12/2016
Trial court did not err in finding termination of appellant’s parental rights to his children was in their best interest after finding one of the children was subjected to aggravated circumstances under Code § 16.-283(E)(iv)
2305142 Keith Jerome Anderson v. Commonwealth of Virginia 04/12/2016
Revocation of appellant’s suspended sentence affirmed where appellant waived his hearsay objection by admitting hearsay of same character himself, behavior which may not support a conviction may suffice to justify revocation, and trial court’s decision to revoke suspended sentence not plainly wrong or without evidence to support it
0878154 Miguel Angel Cabanez v. Prince William County Department of Social Services 04/05/2016
Summary affirmance – trial court did not err in consolidating appellant’s case with the case for the children’s mother or in finding evidence was sufficient to terminate appellant’s parental rights to his children
0950151 Vincent Edward Gonzales v. Commonwealth of Virginia 04/05/2016
Trial court erred in denying motion to suppress items seized under authority of search warrant obtained after an unlawful protective sweep revealed a firearm and suspected cocaine
1268152 Virginia Employment Commission v. Brenda R. Cole 04/05/2016
No error in trial court’s finding that appellant’s delayed determination of appellee’s ineligibility for benefits violated the statutory requirement that appellant act promptly and that the failure to act promptly results in appellant’s order that appellee repay her unemployment benefits is void and unenforceable
1452154 Karen Stanton v. Alexandria Department of Community and Human Services 04/05/2016
Summary affirmance – no error in trial court’s finding that appellant termination of appellant’s parental rights to her children was in their best interest where appellant was unable to substantially remedy situation which would have enabled return of children to her
1845151 Wilbert Francisco Laveist v. Rita M. Laveist 04/05/2016
Summary affirmance – final decree of divorce entered by trial court awarding divorce to appellee affirmed
1870151 Federal Express Corporation v. Lashawn Rodgers 04/05/2016
Summary affirmance – Commission did not err in affirming decision of deputy commissioner reinstating temporary total disability benefits and awarding appellee a prescribed hot tub
1908154 United Parcel Service, Inc. and Liberty Insurance Corporation v. Anita Hall 04/05/2016
Summary affirmance – no error in Commission’s finding that the current treatment for the appellee’s left shoulder was casually related to the compensable work accident
1996154 Edwin Reyes v. Bollinger Construction, Inc. and Zurich American Insurance Company 04/05/2016
Summary affirmance – no error in Commission’s finding that appellant was not an employee of a subcontractor of Bollinger Construction
0510153 Brian Hale, s/k/a Charles Brian Hale v. Russell County Department of Social Services 03/29/2016
Summary affirmance – trial court did not err in finding evidence was sufficient to support finding that termination of appellant’s parental rights to his child was in child’s best interest
0526153 Jessica Fields, s/k/a Jessica Faith Fields v. Russell County Department of Social Services 03/29/2016
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove termination of appellant’s parental rights to her child was in child’s best interest
0566151 Bryon Ward Possich v. Commonwealth of Virginia 03/29/2016
No error in appellant’s convictions of two counts of taking indecent liberties with a child where the jury found the testimony of the witnesses was reasonable and not plainly wrong and that testimony supported the convictions
0781152 Wayne Scott Cahoon v. Commonwealth of Virginia 03/29/2016
No error in trial court’s findings that based on the expert testimony and circumstantial evidence appellant possessed morphine with the intent to distribute it and conspired with his brother to distribute controlled substances
1507151 Lonnie Hodges v. Virginia International Terminals and Continental Casualty Co. 03/29/2016
Summary affirmance – appellant’s failure to comply with Rules of Court is significant and Court cannot consider appellant’s appeal
1624152 Alberto Gomez v. Garcia Construction Company, Inc. and American States Insurance Company 03/29/2016
No error in Commission’s determination that appellant failed to file a proper claim for permanent disability benefits prior to the expiration of the statute of limitations where appellant’s letters did not constitute a claim
1903141 Kevin Leon Smith v. Commonwealth of Virginia 03/29/2016
Trial court did not err in finding that appellant’s waiver of counsel was knowing and voluntary and in allowing him to represent himself at trial
1933141 Harold Donnell Livingston v. Commonwealth of Virginia 03/29/2016
Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove an agreement between appellant and another to sell drugs
2042142 Rashad A. Hartridge, Sr. v. Commonwealth of Virginia 03/29/2016
No error in trial court’s evaluation of prosecutor’s credibility regarding peremptory strikes of two black members of the venire
0281152 Victoria Elizabeth Dufresne v. Commonwealth of Virginia 03/22/2016
Petition for Rehearing En Banc granted
0459152 Tammer Chisholm v. Pariser Dermatology Specialists, Ltd. and Hartford Insurance Co. of Midwest 03/22/2016
Summary affirmance – decision of Commission affirmed where appellant failed to include necessary documents in appendix and Court is unable to ascertain whether appellant raised issues presented in assignments of error below
0598153 Jack Stayner v. Harrisonburg Rockingham Social Services District 03/22/2016
Judgment of trial court dismissing appellant’s petitions for custody of his two grandsons affirmed
0843152 Bryant Terrell Martin v. Commonwealth of Virginia 03/22/2016
Any error by trial court in denying appellant opportunity to cross-examine a witness regarding her pending felony charges and in refusing to redact sentencing information from the order used to establish appellant’s prior felony conviction harmless; conviction of possession of a firearm by a violent felon affirmed
0981154 Matthew T. Bailey v. Maureen M. Bailey 03/22/2016
Trial court erred in finding the reduction in appellant’s income did not constitute a material change in circumstances not reasonably contemplated by the parties when they negotiated their settlement agreement
1021152 Christopher T. Takacs v. Heather L. Takacs 03/22/2016
Trial court abused its discretion in approving relocation of the appellee and children to another state without determining whether relocation will substantially impair the relationship between appellant and the children and in awarding attorney’s fees to appellee where it was not reasonable under the circumstances of this case
1220154 Nina Marie Jirinec v. Vladimir Jirinec 03/22/2016
Trial court erred in classifying and valuing Walter Reed Drive property, in distributing sales proceeds from Rio Drive property, and excluding appellee’s income from buying and selling real estate for child support purposes; trial court did not err in awarding limited attorney’s fees to appellant
1739151 Commonwealth of Virginia v. Robert Malick, s/k/a Robert William Malick 03/22/2016
Trial court did not err in granting motion to suppress certain statements made by appellee where they were elicited in a manner that violated appellee’s Fifth Amendment rights and exclusion of those statements was the proper remedy
1832152 Commonwealth of Virginia v. Sharonda Monique Gaiters 03/22/2016
Trial court erred in granting motion to suppress evidence found by officers where officer had reasonable suspicion based on the concerned citizen’s tip and his confirmation of the substance of the tip that appellee was possibly dealing narcotics and it was permissible to detain appellee while officer investigated to confirm or dispel his suspicion
1879143 Scott Christman Miles, etc. v. Commonwealth of Virginia 03/22/2016
Trial court did not err in allowing expert’s testimony where that testimony provided the jury with a specialized perspective of the crime scene and the victim not a suggestion of the profile of the perpetrator
1918154 Roto-Rooter Services Company and Zurich American Insurance Company v. Eugenio Abraham Murga, Sr. 03/22/2016
Summary affirmance – no error in Commission’s finding that evidence was sufficient to prove injuries appellee sustained on July 6, 2014 were casually related to an injury by accident arising out of his employment on May 21, 2008
1169154 United Airlines, Inc. v. Bryan Andrew Taylor 03/15/2016
Commission erred in finding evidence proved appellee’s injury arose out of his employment
1226153 Debra La'Shaun Blocker v. Lynchburg Department of Social Services 03/15/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of her children even though appellee did not offer appellant inpatient treatment
1293154 Huy K. Le v. Mai T. Ngo 03/15/2016
Summary affirmance – no error in trial court’s order awarding appellee child support and establishing arrears
1464152 Michael Bellflower v. Hopewell Department of Social Services 03/15/2016
Trial court did not err in terminating appellant’s parental rights to two of his children and approving foster care plans with goal of adoption where appellant was still not able to provide adequate shelter and food for the children
1603151 Commonwealth of Virginia v. Jevon Glenn Augustus, Sr. 03/11/2016
Trial court did not err in finding that police lacked a reasonable suspicion that the defendant was involved in a drug transaction; ruling on motion to suppress affirmed
0392154 Tara Lynne Martini v. Commonwealth of Virginia 03/08/2016
Trial court did not err in denying appellant’s request for a court reporter where audio recordings of the hearings together with the statement of facts served the same function as a transcript, in denying appellant’s motions to suppress; evidence was sufficient to support appellant’s conviction of DWI, second offense within ten years
0500152 Charles Lamaar Sharp v. Commonwealth of Virginia 03/08/2016
Trial court erred in finding Commonwealth proved appellant’s identity theft charge occurred in the City of Richmond
0591154 Tamim M. Ibrahimi v. Michele R. Ibrahimi 03/01/2016
Trial court did not err in awarding attorney’s fees to appellee
0711152 Selena Angela Gudino v. Dennis Eli Gudino 03/01/2016
Summary affirmance – order regarding custody and visitation of parties’ minor children affirmed
0766153 Franklin Whitfield Jackson v. Commonwealth of Virginia 03/01/2016
No error in trial court’s finding that evidence presented established that appellant made an offending statement to the victim either directly or while speaking to her brother within her earshot and that appellant invited victim to enter his vehicle for purpose of engaging in sexual activity; conviction of taking indecent liberties with a child affirmed
1461153 Tara Shantell Robertson v. Roanoke County Department of Social Services 03/01/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1834144 Stephen Michael Blanton v. Commonwealth of Virginia 03/01/2016
Trial court did not err in denying appellant’s motion to suppress evidence recovered from a traffic stop where appellant’s waiver of his Fourth Amendment rights in a previous plea agreement was valid as it applies to appellant’s seizure in this case
2003144 Tony Garcia, a/k/a Eddy Alvarez, s/k/a Eddy S. Alvarez v. Commonwealth of Virginia 03/01/2016
No error in trial court’s decision to admit bond recognizance form as it was relevant and admissible; evidence was sufficient to support jury’s conclusion that appellant willfully failed to appear
0473153 James Lelin Salmons v. Commonwealth of Virginia 02/23/2016
Trial court erred in concluding two counts of aggravated sexual battery were part of a common scheme and in joining the cases for trial; convictions reversed and remanded to trial court for new trials
0921141 Anthony Lamont Purvis v. Commonwealth of Virginia 02/23/2016
Trial court did not err in denying appellant’s motion to suppress where search of appellant’s person was justified as a search incident to arrest and the search of appellant’s vehicle was consensual
1036154 Dominic L. Layao v. LLI Enterprises, Inc. and Travelers Indemnity Company 02/23/2016
Summary affirmance – appellant’s failure to comply with Rule 5A:20 is significant and Court will not consider issues raised on appeal
1372144 Hugo Quisque v. Commonwealth of Virginia 02/23/2016
No error in jury’s conclusion that the victim was asleep and physically helpless at the time of the unwanted sexual contact; conviction of rape affirmed
1387154 Dominic L. Layao v. LLI Enterprises, Inc. and Travelers Indemnity Company 02/23/2016
Summary affirmance – appellant’s failure to comply with Rule 5A:20 is significant and Court will not consider issues raised on appeal
1467153 Faith R. Allen v. Department of Human Resource Management, et al. 02/23/2016
Summary affirmance – no error in trial court’s decision dismissing appellant’s petition for judicial review
1508152 Elizabeth A. Foster v. Randy A. Foster 02/23/2016
Summary affirmance – trial court did not err in awarding physical custody of the parties’ children to appellee
1548153 Larry Darnell Borden, s/k/a, etc. v. Roanoke County Department of Social Services 02/23/2016
No error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interest
0113143 Rosendo E. Juarez v. Commonwealth of Virginia 02/16/2016
Appellant’s conviction of rape affirmed where appellant waived his claims that trial court erred by refusing to conduct an in camera review of items in possession of Commonwealth and that trial court erred in quashing a subpoena duces tecum
0703152 Sara Logan Howe v. Albemarle County Department of Social Services 02/16/2016
Trial court did not err in approving the foster care plan with the goal of adoption for appellant’s child
0704152 Sara Logan Howe v. Albemarle County Department of Social Services 02/16/2016
Trial court did not err in terminating appellant’s parental rights to her child where appellant did not substantially remedy conditions that initially necessitated foster care placement of child
1210153 Jacques Beim v. Roanoke County Department of Social Services 02/16/2016
No error in trial court’s findings that children were abused and neglected because they faced an imminent threat to life or health and that there was no less drastic alternative than removal and placement in foster care
1272151 Donnell M. Spruill v. Chesapeake Department of Human Services 02/16/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interests
1572151 Jannifer Spruill v. Chesapeake Department of Human Services 02/16/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where trial court found termination was in best interests of children
1615143 Sylvester Matthew Cheatham v. Commonwealth of Virginia 02/16/2016
Trial court did not err in refusing appellant’s proffered instruction on self-defense where he was not entitled to that instruction where the degree of force used was not reasonable in relation to the harm threatened by victim; no reversible error in trial court’s permitting Commonwealth to pose leading questions to witness
1873141 Santino Wolfe v. Commonwealth of Virginia 02/16/2016
Trial court did not err in admitting certificates of analysis as any doubts as to chain of custody went to the weight of the evidence, not its admissibility, in refusing to set aside the verdicts for insufficient evidence, or in refusing to set aside the jury’s verdicts as inconsistent
0100151 Chris V. Smalls v. Maryellen C. Smalls 02/09/2016
Summary affirmance – appellant’s arguments raised on appeal waived for failure to comply with Rule 5A:20
0281152 Victoria Elizabeth Dufresne v. Commonwealth of Virginia 02/09/2016
Trial court erred in denying appellant’s motion to set aside the verdict and finding her guilty of grand larceny where grand larceny is not a lesser-included offense of robbery; matter remanded to trial court for further proceedings for petit larceny if Commonwealth be so advised
0394151 Gregory L. Allen Spaulding v. Commonwealth of Virginia 02/09/2016
Trial court erred in denying appellant’s motion to suppress where the Commonwealth failed to provide any facts to support a constitutional basis for the warrantless search of appellant’s pants’ pockets
0659152 Brian Grogan v. Virginia Airlink, LLC and Uninsured Employer's Fund 02/09/2016
Summary affirmance – no error in Commission’s finding that appellant was not entitled to disability and medical benefits because he was not an employee of appellee
1054154 Deslannee Barksdale v. Manassas City Department of Family Services 02/09/2016
Summary affirmance – termination of appellant’s parental rights to her child affirmed where appellant’s failure to challenge the termination under Code § 16.1-283(C)(2) renders moot her challenge to the termination under Code § 16.1-283(B)
1199151 Vanessa Earls v. Virginia Beach Department of Human Services 02/09/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence was sufficient to find appellant failed to remedy conditions leading to child’s placement in foster care and that termination was in child’s best interest
1232151 Ashly Nicole Brown v. Marvin Williams and Sandra Williams 02/09/2016
No error in trial court’s finding that appellant’s consent to the adoption was being withheld contrary to the best interests of the child; interlocutory order of adoption affirmed
1499151 Teresa A. McDonough v. American Capital Funding, LLC and Maryland Casualty Company 02/09/2016
Summary affirmance – no error in Commission’s finding that appellant failed to prove she suffered from the occupational disease of carpal tunnel syndrome or that she suffered a compensable injury by accident
2134144 David L. Host v. Winfrey R. Host 02/09/2016
Upon a Rehearing – child support provision of parties’ agreement is void as it seeks to prevent a court from exercising its power to decree child support
0062152 Perry Edward Jones v. Lori Gates Jones 02/02/2016
Appeal of Military Retired Pay Qualifying Division Order entered by trial court affirmed in part and reversed and remanded to trial court in part; appeal dismissed in part as trial court had not entered a final order resolving dispute over attorney’s fees and costs at time of appeal
0751151 Tyrone Williams v. Commonwealth of Virginia 02/02/2016
Trial court erred in finding it had venue over obstruction of justice charge where the entire offense was committed in City of Virginia Beach
0790152 University of Virginia Medical Center v. Susan Jordan 02/02/2016
Trial court did not err in upholding the hearing officer’s decision reinstating appellee and awarding her back pay
1325151 Al Chang Zhang v. Shiao Yu Tung 02/02/2016
Summary affirmance – arguments regarding child support and monetary award waived; no error in trial court’s findings regarding award of attorney’s fees and costs and valuation of parties’ business
1542154 US Airways Group, Inc. v. Marcia Morgan and Michael April, M. D. & Associates 02/02/2016
Summary affirmance – no error in Commission’s finding that medical treatment rendered by Dr. April was reasonable, necessary, and causally related to Morgan’s work accident and was authorized
1568152 Tier 1, L.L.C. and Technology Insurance Company v. David Alberto Sandres-Sanchez 02/02/2016
Summary affirmance – no error in Commission’s finding that evidence was sufficient to prove appellee was an employee of Tier 1, not an independent contractor, when he sustained an injury by accident arising out of his employment
1647154 The Uninsured Employers' Fund v. Silder A. Martinez 02/02/2016
Summary affirmance – Commission did not err in awarding appellee total disability and medical benefits after finding employer did not prove it had less than three employees regularly in service
0173153 Demetrius Tarpley v. Commonwealth of Virginia 01/26/2016
Rule 5A:18 bars consideration of appellant’s assignment of error where appellant’s argument on appeal was not made in trial court
0693154 Samantha Irene Carrano v. Frank Albert Carrano 01/26/2016
Trial court erred in declining to assess attorney’s fees, holding appellee was required to provide health insurance for his stepson only if that insurance proved to be of little or no cost, and fashioning a purge plan that constituted an effective modification of the parties’ agreement
1394152 Commonwealth of Virginia v. Derrell Renard Brown 01/26/2016
Trial court erred in granting appellee’s motion to suppress where the totality of the circumstances provided the officers with probable cause to arrest the appellee for trespassing and to search him incident to that arrest
1471154 Coca-Cola Refreshments USA, Inc. and Indemnity Insurance Company of North America v. Craig Theimer 01/26/2016
Summary affirmance – no error in Commission’s award to appellee of medical and temporary total disability benefits for a lower back injury
1530141 Emanuel Dale Ellis v. Commonwealth of Virginia 01/26/2016
No reversible error in trial court’s decision to redact Facebook photo and exclude timestamp from evidence
0003154 Russell J. Ferguson v. Santee, Inc. and Commonwealth Contractors Group Self-Insurance Association 01/19/2016
Summary affirmance – Court will not consider appellant’s arguments on appeal due to his failure to comply with Rules 5A:4 and 5A:20
0540152 Charles Lee Belle v. Maira J. Belle 01/19/2016
Trial court erred in denying appellant’s motion to set aside the decision awarding the parties a divorce based on the uncorroborated testimony of the parties
0839152 Bon Secours St. Mary's Hospital v. Cynthia B. Jones, Director, et al. 01/19/2016
Trial court did not err in affirming decision of appellee with regard to initial certifications of six recipients and recertifications as to all recipients at issue; trial court erred in affirming decision of appellee with regard to initial certifications of three recipients
1060151 Lotoria Carlos v. Virginia Beach Department of Human Services 01/19/2016
Summary affirmance – no error in trial court’s finding that appellant’s child was at risk of abuse and neglect or in ordering that child’s paternal aunt have custody of child
1189151 Karin Landry v. Atlantic Protective Services and Travelers Indemnity Company of America 01/19/2016
Summary affirmance – no error in Commission’s finding that appellant was not entitled to an award of temporary total disability benefits
1411153 Dana Lowe v. Daikin Applied Americas and Travelers Indemnity Company of America 01/19/2016
Summary affirmance – no error in Commission’s finding regarding date appellant received notification of the diagnosis of her occupational disease or in its denial of her request for benefits for certain periods
0828153 Donna Webb v. Tazewell County Department of Social Services 01/12/2016
Rule 5A:18 bars appellant’s argument that a procedural defect in the underlying petition to terminate her parental rights violated her due process rights; decision of trial court terminating appellant’s parental rights to her child affirmed
1241151 Ciara Malaine Grindle v. Virginia Beach Department of Human Services 01/12/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1414152 HEI Hospitality and North River Insurance Company v. Veronica Almaraz, et al. 01/12/2016
Summary affirmance – no error in Commission’s award of medical benefits and temporary total disability benefits for an injury occurring on July 24, 2014
1573141 Michael Willis Johnson v. Commonwealth of Virginia 01/12/2016
Trial court did not err in denying appellant’s motion to suppress where it found appellant did not unambiguously assert his right to remain silent or in finding evidence sufficient to prove appellant knowingly possessed the oxycodone and had the intent to distribute the cocaine
2127142 Curtis Leon Finley, a/k/a Lil Curtis v. Commonwealth of Virginia 01/12/2016
Trial court did not err in refusing to require the Commonwealth to disclose certain evidence to appellant under Brady where appellant has failed to establish that the information he sought was favorable or that he suffered prejudice as a result of the Commonwealth’s suppression of it
0154151 William Thaddeus Perry v. Commonwealth of Virginia 12/29/2015
No error in trial court’s finding that appellant acted with the requisite intent to prove he resisted arrest as defined by Code § 18.2-479.1
0312152 Andre Cordell Mason, Jr. v. Commonwealth of Virginia 12/29/2015
Trial court erred in allowing Commonwealth to present evidence during revocation hearing regarding allegations for which appellant had not received written notice
0180151 Charles Curry, s/k/a Charles Jerome Curry v. Commonwealth of Virginia 12/22/2015
Revocation and imposition of appellant’s sentence affirmed where court, in 2013, had no authority to amend sentence imposed in 2007, that order was void ab initio, the revocation order did not “extend” appellant’s sentence, and appellant had adequate notice of the proceedings
0227152 Christopher Dwayne Nelson v. Commonwealth of Virginia 12/22/2015
No error in trial court’s finding that evidence was sufficient to prove appellant had notice of his trial date and willfully failed to appear
0401151 Stephone Amos Foreman v. Commonwealth of Virginia 12/22/2015
Trial court did not err in denying appellant’s motion to suppress evidence found as a result of a frisk where evidence was not found as a result of a frisk but rather in plain view after appellant was lawfully removed from the vehicle
0801151 Shauntae D. McKiver v. Portsmouth Department of Social Services 12/22/2015
Trial court did not err in terminating appellant’s parental rights to her children and approving the foster care plans with a goal of adoption after finding evidence was sufficient to prove termination was in children’s best interest
1160152 Commonwealth of Virginia v. Charvelle Louis Collins 12/22/2015
Trial court erred in granting appellant’s motion to suppress where officer had reasonable suspicion to conduct traffic stop where officer suspected appellant’s music was plainly audible from a distance of fifty feet or more and was violating City of Richmond Code § 38-40
1557141 Maurice Alexander Williams v. Commonwealth of Virginia 12/22/2015
Trial court did not err in finding Commonwealth laid a proper foundation and admitting the surveillance videotape and allowing the witnesses to testify about the recording’s content; evidence was sufficient to prove appellant stole the merchandise
2196142 Ashley Unger, s/k/a Ashley Michelle Unger v. Commonwealth of Virginia 12/22/2015
Trial court erred in ruling that “legal testimony” as used in Code § 18.2-459 refers only to argument and in denying appellant the opportunity to present evidence in the circuit court proceeding
0060151 Gerald Henderson v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant had the requisite intent to break and enter for the purpose of committing assault and battery and that he engaged in a direct but ineffectual act toward the crime’s commission
0414152 Kathy F. Harwood v. Buckingham County Department of Social Services 12/15/2015
Summary affirmance – trial court’s foster care plan for appellant’s child affirmed where two of appellant’s issues are barred by Rule 5A:18 and one issue is waived where it is not addressed in appellant’s brief
0432151 Joseph Michael Bista v. Commonwealth of Virginia 12/15/2015
Decision of trial court finding venue was proper in the City of Williamsburg affirmed where it is undisputed that offense occurred within one mile of the City of Williamsburg boundary and Code § 19.2-250(A) allows venue in the City
0685141 David Chad Spitler v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant committed assault and battery of a family member based on testimony of victim and officer and photographs of victim’s injury
0852152 Kathy F. Harwood v. Buckingham County Department of Social Services 12/15/2015
Summary affirmance – trial court’s foster care plan for appellant’s child affirmed where appellant failed to file a transcript indispensable to a determination of the issues raised with regard to this order
1125151 Commonwealth of Virginia v. Merari Acosta-Moreno 12/15/2015
Decision of trial court suppressing appellee’s statements reversed where trial court based its decision on an incorrect recollection of the testimony
1327144 Christopher Scott Weberg v. Commonwealth of Virginia 12/15/2015
No error in trial court’s denial of appellant’s motion to dismiss for violation of his speedy trial rights where trial court correctly found Code § 19.2-243’s nine-month period applied
1656144 Hamza Osman v. Commonwealth of Virginia 12/15/2015
Trial court did not err in denying appellant’s motion to suppress where officer had sufficient, objective facts and circumstances to reasonably conclude that appellant was driving under the influence and had probable cause to remove appellant from the vehicle and arrest him
2352141 Joel Kenneth Simmons v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant possessed the knife in his sleeve with the intent to use it in furtherance of a larceny, robbery, or burglary
0204154 Mohammed Boukhira v. George Mason University/Commonwealth of Virginia 12/08/2015
No error in commission’s finding that its July 12, 2013 opinion was a final decision on the merits and correctly applied doctrine of res judicata, correctly interpreted its orders as not preserving appellant’s further claims, and did not err in holding that the evidence did not prove a change in condition
0251151 Johnathan Bernard Outsey v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that evidence was sufficient to prove appellant possessed the requisite intent to defraud under Code § 18.2-118
0296152 Jimmy Joe Williams v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intentionally concealed his handgun
0714154 Steven Parasidis, et al. v. Margaret Karageorge 12/08/2015
Arguments regarding trial court’s authority to find appellant in civil contempt and decision to strike any defenses he may have raised to fraudulent conveyance action barred by Rule 5A:18; trial court’s finding of civil contempt and imposition of sanctions affirmed
1028153 Timothy Allen Guill v. Campbell County Department of Social Services 12/08/2015
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest
1158153 Phillip S. Pool, LLC, t/a C & C Mini Market v. Virginia Alcoholic Beverage Control Board 12/08/2015
Summary affirmance – no error in trial court’s finding that appellee had substantial evidence to rely on in revoking appellant’s license to sell wine and beer off premises
1355141 Alfred Lamar Diggs v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s motion to suppress where circumstances provided a basis for officer to form a reasonable suspicion that appellant was driving a vehicle with an illegal inspection sticker
1503142 Wade A. Malone, Jr. v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable suspicion that appellant was involved in criminal activity and appellant’s actions justified officer’s response
1653141 John Richard Taylor v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that appellant was in a custodial or supervisory relationship with the victim when the offense of taking indecent liberties with a minor occurred
1753141 Clyde Edmond Stackfield v. City of Hampton 12/08/2015
Trial court abused its discretion in admitting inadmissible hearsay; appellant’s conviction of trespassing reversed and remanded to trial court
1950141 Ulysses Lee Keeling v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s request for a jury instruction on excusable self defense, in denying the admission of the victim’s prior bad acts, and in denying the admission of the victim’s toxicology report
2240141 Keenan Martin v. Commonwealth of Virginia 12/08/2015
Trial court abused its discretion in admitting additional bank statements without an adequate foundation where the Commonwealth did not establish that the additional statements are outside of the scope of hearsay as computer generated evidence or that they fall within any hearsay exception
0688154 Gloria J. Hoffman v. Alsco, Inc. and Ace American Insurance Company 12/01/2015
Summary affirmance – Court finds appellant’s failure to comply with Rules 5A:20 and 5A:25 significant and will not consider the assignments of error raised on appeal
0964151 Peter Donald Lommen v. Shannon Nettles Lommen 12/01/2015
Summary affirmance – trial court’s denial of appellant’s motion to amend spousal support affirmed
0278152 Gregory Daughtry v. Boar's Head Provisions Company, Inc. and American Zurich Insurance Company 11/24/2015
Summary affirmance – decision of Commission affirmed where appellant does not assign error to any aspect of the decision appealed from
0484152 Surgi-Center of Central Virginia v. McLane Company, Inc. and New Hampshire Insurance Company 11/24/2015
No error in Commission’s finding that appellant’s medical bills for medical treatment to an employee of appellee were properly reduced pursuant to a series of preferred provider contracts
1462143 Kenneth Allen Bortzer v. Commonwealth of Virginia 11/24/2015
Trial court did not err in granting Commonwealth’s motion in limine excluding questions which would confuse the jury on routine details, an inquiry properly disposed of by the trial court prior to trial, instead of the elements of the offenses tried before it
1595142 Marvin James Kersey v. Commonwealth of Virginia 11/24/2015
No error in trial court’s finding that evidence was sufficient to prove appellant aided and abetted in the commission of the offenses and shared the perpetrators’ criminal intent
1641142 Kimberly M. Sharp v. Commonwealth of Virginia 11/24/2015
No error in trial court’s finding that lease-purchase agreement appellant signed constituted a lease under Code § 18.2-118, that withholding personal property in violation of the terms of that agreement was a violation of the statute, and that appellant possessed the requisite fraudulent intent to withhold the property
2066144 LaDawn Shrieves King v. Dwayne E. King 11/24/2015
Final decree of divorce affirmed
2107141 Joseph Andre Moore v. Commonwealth of Virginia 11/24/2015
Trial court erred in finding evidence was sufficient to prove appellant was aware of the drugs found under the seat of the vehicle and no considerable evidence beyond appellant’s mere proximity to the drugs and his occupancy of the vehicle linked him to the contraband
2165141 Henry H. Russell, Jr. v. Commonwealth of Virginia 11/24/2015
Evidence was insufficient to support convictions of grand larceny and larceny with intent to sell where evidence proved appellant was a co-owner of the personal property taken from the house
0038153 Dominique Desmond Hampton v. Commonwealth of Virginia 11/17/2015
No error in trial court’s finding that evidence was sufficient to prove rifle appellant used was a real firearm, was a deadly weapon based upon the manner in which it was used, and had the appearance of being a firearm
0627152 Andre Harris v. Henrico County Department of Social Services 11/17/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant failed to provide or substantially plan for child’s future or how he would provide for child’s special needs
0755152 Cory Aubrey Swisher v. Albemarle County Department of Social Services 11/17/2015
Summary affirmance – trial court did err in terminating appellant’s parental rights to his child
0758152 Cory Aubrey Swisher v. Albemarle County Department of Social Services 11/17/2015
Summary affirmance – trial court did not err in approving the foster care goal of adoption
1128143 Ronald Wayne Bray v. Commonwealth of Virginia 11/17/2015
Trial court did not err in convicting appellant of four sets of three offenses and sentencing him separately on each conviction where while the offenses involved some common evidence, no one offense contained all the elements of the other two offenses; no double jeopardy or Code § 19.2 294 violation
1367144 Darren Gregory v. Olga Gregory 11/17/2015
Trial court erred in awarding spousal support and attorney’s fees to appellee where trial court found her testimony not credible and then based its awards on that non-credible testimony
1465143 Brenton Demoun Jones v. Commonwealth of Virginia 11/17/2015
Trial court did not err in denying appellant’s motion to suppress where the drugs found on appellant’s person were admissible under the inevitable discovery doctrine
1966144 Wendie Ann Palermo v. Steven Epple 11/17/2015
Judgment of trial court reversed and remanded for further proceedings where all necessary parties were not joined in this case in the trial court
0152143 Cassell Clark Fitzgerald. Jr. v. Commonwealth of Virginia 11/10/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable articulable suspicion that appellant had a concealed weapon and was engaged in criminal activity and was armed and dangerous and officer was justified in seizing weapon based on plain feel that object in appellant’s pocket was a gun
0451153 Jennifer Wisman v. Harrisonburg Rockingham Social Services District 11/10/2015
Summary affirmance – trial court’s issuance of protective order affirmed where trial court did not err in finding appellee did not request a change in custody and the ordered conditions did not change legal custody; trial court applied correct standard of proof and appellee presented sufficient evidence to support transfer of physical custody of child
0565141 Riana Michelle Rich v. Commonwealth of Virginia 11/10/2015
No error in trial court’s finding that appellant caused the accident and that her actions were criminally negligent
0756153 Cecil Moore v. Lee County Department of Social Services 11/10/2015
Trial court did not did not rely solely on appellant’s incarceration and did not err in terminating appellant’s parental rights to his children
0944154 Commonwealth of Virgina v. Guy Douglas Dubois, Jr. 11/10/2015
Petition for appeal dismissed where neither notice of appeal filed in trial court was sufficient to confer jurisdiction on this Court
1687143 Michael Wayne Stallings v. Commonwealth of Virginia 11/10/2015
No error in trial court’s finding that evidence was sufficient to prove that appellant knowingly or intentionally possessed a controlled substance
1700143 Wesley Adam Williams v. Commonwealth of Virginia 11/10/2015
No error in jury’s finding that evidence was sufficient to prove appellant was shooting in the direction of the officer with the intent to kill him
1891141 Anthony Bryant Cummings v. Commonwealth of Virginia 11/10/2015
Trial court did not err in allowing the Commonwealth to amend the indictment where the amendment did not change the nature and character of the offense; sufficiency of the evidence argument barred by Rule 5A:18
0708153 James C. Jones, Jr. v. Karen L. Jones 11/03/2015
Judgment of trial court deviating from child support guidelines and finding that neither party shall pay child support to the other affirmed
0956141 Lonnie Joe Salone v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was in constructive possession of the firearm found in area where appellant began making furtive movements when officer attempted to pull vehicle over
1117144 Marion Kenneth Allen, Jr. v. Commonwealth of Virginia 11/03/2015
Trial court did not err in refusing to strike prospective juror for cause where juror’s answers showed no bias; jury was not plainly wrong in rejecting appellant’s hypothesis of innocence or in finding evidence was sufficient to support appellant’s convictions of robbery and use of a firearm in the commission of robbery
1781142 Lashawn M. Miles v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant’s conduct constituted direct action calculated to prevent and obstruct officer from performing his duties; appellant waived her challenge to the trial court’s ruling foreclosing closing argument
1853143 Billy Ray Wilson v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was the driver of the vehicle or in admitting appellant’s statement to the trooper
2134144 David L. Host v. Winfrey R. Host 11/03/2015
No error in trial court’s interpretation of support provisions of parties’ final decree or its finding that the resulting awards of attorneys’ fees and support arrearages were consistent with the agreement of the parties
2135143 Clifford Ronald Dugan, Jr. v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the methamphetamine found in his truck
2221143 Myron Lamar Rhodes v. Harrisonburg Rockingham Social Services District 11/03/2015
No error in trial court’s finding that child’s behavior was caused by appellant’s actions; trial court did not err in entering the protective order and ordering supervised visitation
0352154 Republic Services of Virginia, L.L.C. and Old Republic Insurance Company v. Angel J. Candio 10/27/2015
Commission did not abuse its discretion in denying appellants’ motion to go forward on the merits in appellee’s absence or by dismissing appellee’s claim without prejudice for his failure to comply with discovery orders and his failure to appear at the hearing
0384152 Virginia Department of Environmental Quality v. The East End Landfill, LLC 10/27/2015
Trial court did not err in reversing appellant’s decision that it did not have authority to continue to review appellee’s application and remanding matter back to appellant for further proceedings; trial court erred in awarding costs and attorney’s fees to appellee where appellant’s position was not unreasonable
0605141 Antoine Lamont Creecy v. Commonwealth of Virginia 10/27/2015
Trial court did not abuse its discretion in declining appellant’s proposed instructions on the lesser included offense of simple possession where mere speculation that the cocaine and heroin could have been for personal use is not independent, affirmative evidence showing a lack on an intent to distribute
0695152 Shawanna D. Smith v. Howard Kelly Smith 10/27/2015
Summary affirmance – trial court did not abuse its discretion in finding that it was in the best interest of the children for appellee to continue to have primary physical custody of them
2371132 Arrie C. Clements v. James W. Clements 10/27/2015
Summary affirmance – judgment of trial court affirmed where appendix filed in this case is inadequate to enable Court to address her assignments of error
0004151 Kevin S. Godwin v. Kathy L. Godwin 10/20/2015
Summary affirmance – trial court did not err in imputing income to appellant and ordering him to pay spousal support to appellee or in allowing appellee to call witness
0249154 Henry F. Brandenstein, Jr. v. Janet R. Brandenstein 10/20/2015
Trial court erred in finding that support provisions of marital settlement agreement were ambiguous and not self executing, in setting a support arrearage, and in finding appellant in contempt
0296141 Alvin Daniel Gatewood v. Commonwealth of Virginia 10/20/2015
Trial court did not abuse its discretion in determining contested victim impact testimony was admissible from the victim’s uncle at the sentencing phase of the trial
0542154 Northampton County and Virginia Association of Counties Group Self-Insurance v. Mark Somers 10/20/2015
Award of temporary total disability beginning May 8, 2014 and continuing reversed where commission erred in finding appellee’s April 8, 2014 filing was a change in condition application and not barred by the statute of limitations; remainder of award affirmed
0851154 Esperanza M. Garcia-Guzman v. Celina Cleaning Services, Inc. and The Uninsured Employers' Fund 10/20/2015
Summary affirmance – no error in commission’s denial of benefits to appellant where she failed to establish her injury arose out of her employment
1048154 James Stone v. Skyline Automotive, Inc. and Accident Fund National Insurance Company 10/20/2015
Summary affirmance – no error in commission’s finding that appellant’s claim was not timely filed and was barred by the statute of limitations and that appellant did not prove his neck condition was related to the original compensable accident
2068141 Josiah A. Cary v. Commonwealth of Virginia 10/20/2015
Trial court did not err in finding evidence sufficient to support conviction of disorderly conduct where appellant’s actions were not sufficient to be otherwise punishable under Title 18.2 of the Code to invoke other crimes proviso of Code § 18.2-415
0934154 Fairfax County School Board v. Carolyn Washington 10/13/2015
Summary affirmance – no error in commission’s finding that appellee’s stroke was caused by her workplace accident; issue regarding adequacy of the commission’s opinion for purposes of Code § 65.2-705 barred by Rule 5A:18
1159143 William E. McGuire v. VDOT-Tazewell/Commonwealth of Virginia 10/13/2015
Commission did not err in terminating appellant’s benefits where it found application for hearing was sent to appellant and his counsel in compliance with Commission Rule 1.4(A), in determining credible evidence supported finding that appellant was released by his treating physician, and did not abuse its discretion in relying on medical evidence already in the record
1244142 Drew Joseph Harrison v. Commonwealth of Virginia 10/13/2015
No error in trial court’s finding that evidence was sufficient to prove appellant acted against the will of the victim or in finding appellant did not carry his burden of proving the existence of an agreement between appellant and the Commonwealth to nolle prosequi the charges upon completion of a therapy program
1609142 Joshua Ryan Bevels v. Commonwealth of Virginia 10/13/2015
Trial court did not abuse its discretion in admitting evidence of a separate drug transaction under the general scheme exception to the general rule of exclusion of other crimes evidence
2332141 Richard William Majeski, III v. Commonwealth of Virginia 10/13/2015
Trial court lacked authority under Rule 1:1 to modify terms of appellant’s suspended sentence since it found appellant had not violated trial court’s final sentencing order; order entered on November 21, 2014 vacated
0018154 Orel Jordan Chollette v. Robert Keeling and Kristin Keeling 10/06/2015
Trial court did not err in denying appellant’s motion to intervene in an adoption proceeding where record fails to establish his paternity
0262153 Daryl Wayne Peake v. Brandy English Brown Peake 10/06/2015
Summary affirmance - Final decree of divorce regarding equitable distribution, spousal support, child support, and award of attorney’s fees to appellee affirmed
1741142 Andrew Steve Barrett v. Commonwealth of Virginia 10/06/2015
Trial court did not err in denying appellant’s motion to suppress where officer had a particularized and objective basis to suspect appellant was engaged in drug distribution or in reconsidering and reversing its bench ruling excluding testimony of officer
2202144 Austin Albert Callahan v. Commonwealth of Virginia 10/06/2015
Evidence was sufficient to support jury’s finding that appellant meant to make a bomb, not a firework; trial court did not err in refusing to instruct jury on possession of an illegal firework as it was not a lesser-included offense
0380154 Patrick Ferguson v. McCormick & Schmick and American Zurich Insurance Company 09/29/2015
Evidence supports finding of commission that appellant was not totally disabled after April 21, 2014 and properly denied request for temporary total disability benefits; additional issues raised by appellant barred by Rule 5A:18
2247144 Lubna Aijaz v. Fairfax County Department of Family Services 09/29/2015
No error in trial court’s finding that termination of appellant’s parental rights to her child was in best interests of child and that appellant had been unwilling or unable to remedy conditions leading to child’s placement in foster care
0332152 Monica Harvey v. Old Dominion University/Commonwealth of Virginia 09/22/2015
No error in commission’s finding that appellant failed to prove a basis for a second opinion at employer’s expense
0559152 Commonwealth of Virginia v. Joseph Dee Morrissey, a/k/a Joseph D. Morrissey 09/22/2015
Appellee’s motion to dismiss granted and appeal dismissed where this Court lacks jurisdiction to review the circuit court’s dismissal of indictments based on its interpretation of the immunity provision of a plea agreement
0883142 Christopher Allen Brantley v. Commonwealth of Virginia 09/22/2015
Trial court did not err in crediting the testimony of the Commonwealth’s expert that the injuries to the child resulted from abusive head trauma and to conclude appellant was guilty of child abuse
1464142 Charles Xavier Rankins v. Commonwealth of Virginia 09/22/2015
Trial court did not err in refusing appellant’s proffered instruction on defense of others where there was no evidence victim threatened death or bodily harm to appellant’s family members
1774134 Juan Demetrio Mirones Ramos v. Commonwealth of Virginia 09/22/2015
Evidence was sufficient for jury to conclude that appellant drove the vehicle on a public highway while intoxicated within three hours of his arrest – convictions of driving under the influence and unreasonably refusing to submit to a blood or breath test affirmed
1799144 Levar Raheem Burton v. Commonwealth of Virginia 09/22/2015
Trial court did not err in denying appellant’s motion to suppress where both search of appellant’s vehicle and the direction to appellant to exit the vehicle were justified as officers had probable cause to believe appellant was in possession of contraband
2310142 George Andrew Thompson v. Commonwealth of Virginia 09/22/2015
No error in trial court’s finding that evidence was sufficient to support grand larceny of an automobile conviction where it found witness was credible and her testimony was corroborated by text messages
0044152 Cherif Toure v. DAL Global Services and Gallagher Bassett Services, Inc. 09/15/2015
Summary affirmance – appellant’s arguments not considered on appeal for his failure to comply with Rule 5A:20 and that failure is significant
0223153 Catherine Rebecca Rogers v. VPI State University/Commonwealth of Virginia 09/15/2015
Summary affirmance – commission did not err in denying benefits to appellant where appellant failed to prove an injury by accident or in finding appellant did not meet the requirements for admission of after-discovered evidence
0399154 Victoria J. Salvato v. Frank Salvato 09/15/2015
Summary affirmance – trial court did not err in imposing additional visitation restrictions on appellant as they were implemented in best interests of child
0520151 Tamena G. Wilson v. Fitzgerald C. Britton 09/15/2015
Summary affirmance – trial court did not err in finding appellant in civil contempt where appellant’s support obligation exits regardless of whether appellee’s support obligation to appellant still exists
0729154 Pinpoint Cleaning Service, Inc. and Phoenix Insurance Company v. Daniel Henriquez 09/15/2015
Summary affirmance – no error in commission’s finding that appellant’s industrial accident occurred within the course of his employment
0954153 Tommy Raymond Harris v. Torque Enterprises, L.L.C. and American Mining Insurance Company 09/15/2015
Summary affirmance – no error in commission’s finding that evidence was insufficient to prove appellant sustained an injury by accident arising out of his employment
1252141 Angela Maye Holt v. Commonwealth of Virginia 09/15/2015
Petition for rehearing en banc granted
1988143 Shirley Robinson-Miles v. Danville Division of Social Services 09/15/2015
Trial court did not err in terminating appellant’s parental rights to her seven children pursuant to Code § 16.1-283(C)(2)
2137143 Robert Taylor, III v. Roanoke County Department of Social Services 09/15/2015
Trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant was unable to remedy substantially the conditions that led to the child being placed in and remaining in foster care
0535154 Commonwealth of Virginia v. Thomas J. Spinola, s/k/a Thomas P. Spinola 09/08/2015
Appellee’s motion to dismiss granted and appeal dismissed where Commonwealth did not timely file the notice of filing of transcript or petition for appeal
0545152 Andre Morman, Sr. v. Richmond Department of Social Services 09/08/2015
Summary affirmance – no error in trial court’s termination of appellant’s parental rights to his six children
0592154 Commonwealth of Virginia v. Frank Innes Flythe, a/k/a Frank Innes Rooks 09/01/2015
No error in trial court’s decision to dismiss appellee’s second indictment on double jeopardy grounds where appellee was acquitted of grand larceny of money at a prior trial and the Commonwealth cannot name a different victim and relitigate the issue at a second trial
2204144 Alysa Youngson, f/k/a Alysa N. Brautigam v. Christopher E. Brautigam 08/25/2015
Summary affirmance – trial court did not err in its award to appellee of attorney’s fees and costs incurred on prior appeal and remand
0258154 Laurence F. Hannan, III v. Thorsen Construction and Accident Fund Insurance Company 08/18/2015
Summary affirmance – no error in commission’s decision awarding medical benefits for treatment of appellant’s thoracic spine, denying medical benefits for treatment of appellant’s right knee, and denying wage loss benefits
1168134 Jeffrey Brian Lee v. Commonwealth of Virginia 08/18/2015
Appellant’s argument regarding trial court’s failure to rule on a motion to withdraw his guilty pleas barred by Rule 5A:18 where appellant never made an objection to the trial court’s alleged failure to rule or a specific effort to get the motion on the court’s docket before the trial court lost jurisdiction
0090154 La'Mann Abbott v. Culpeper County Department of Social Services 08/11/2015
Summary affirmance – termination of appellant’s parental rights to his child affirmed where appellant’s failure to challenge both subsections of Code § 16.1-283 under which his rights were terminated renders moot his challenge under one subsection
0141154 Garrett R. Whiting v. City of Charlottesville Fire and Rescue 08/11/2015
Commission did not err in declining to apply rebuttable presumption provided in Code § 65.2 402(C) where appellant failed to provide evidence that his exposure to known or suspected carcinogen caused or was suspected to cause his prostate cancer
0408154 Eric Perry Groo v. Janine Mary Burton 08/11/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify custody and visitation where appellant did not prove a material change in circumstances since prior order
0219141 Matthew Columbus Williams v. Commonwealth of Virginia 08/04/2015
No reversible error in trial court’s decision to admit a digitally signed conviction order to prove a prior conviction where the DMV abstract, admitted without objection, proved the same conviction
1252141 Angela Maye Holt v. Commonwealth of Virginia 08/04/2015
Evidence was insufficient to support conviction of embezzlement; conviction of obtaining money by false pretenses affirmed where Court declines to apply ends of justice exception
1797141 Chastity Davis v. Isle of Wight County Department of Social Services 08/04/2015
No error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to her children where she did not substantially remedy conditions leading to placement in foster care and termination was in their best interest
2207143 Charlene Cole v. Henry-Martinsville Department of Social Services 08/04/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where appellant had not substantially remedied conditions leading to placement of children in foster care
0360153 Gretchen McDorman Burkett v. Harrisonburg Rockingham Social Services District 07/28/2015
Judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant did not object to the proffered evidence at trial and raises her arguments for the first time on appeal
0361153 Gretchen McDorman Burkett v. Harrisonburg Rockingham Social Services District 07/28/2015
Judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant did not object to the proffered evidence at trial and raises her arguments for the first time on appeal
0487152 Commonwealth of Virginia v. Domanique Terrelle Waller 07/28/2015
Trial court erred in granting motion to suppress where officer had probable cause to search appellee’s vehicle for evidence related to the crime of possessing or using a stolen inspection sticker and any documentation regarding that sticker
1896142 Louis Chester Lee, Jr. v. Commonwealth of Virginia 07/28/2015
No error in trial court’s credibility determinations or its determination that appellant violated the terms of the protective order
2299131 Brian Thomas Smith v. Commonwealth of Virginia 07/28/2015
Trial court’s refusal to instruct jury on voluntary manslaughter, if error, was harmless; argument regarding wording of challenged murder instruction barred by Rule 5A:18 where appellant failed to object to wording of instruction at trial and ends-of-justice exception does not apply
1320142 Christopher Sean Pickett v. Commonwealth of Virginia 07/21/2015
No error in trial court’s finding that evidence was sufficient to prove appellant’s convictions of two counts of carnal knowledge and two counts of indecent liberties where it accepted testimony of victim, notwithstanding any impeachment, as credible
1621142 Christopher Love Howard v. Commonwealth of Virginia 07/21/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intended to rob the victim and took an overt act toward robbing the victim; convictions of attempted robbery, use of a firearm in commission of felony, and possession of a firearm by a violent convicted felon affirmed
1675144 Joseph Mark Neubert v. Linda Dean Neubert 07/21/2015
Summary affirmance – trial court did not err in awarding spousal support to appellee that increases upon sale of the marital residence
1737142 James Seth Brown v. Commonwealth of Virginia 07/21/2015
Trial court did not err in finding evidence was sufficient to prove appellant willfully failed to appear and willfully contributed to the neglect of his child
1812142 Virginia Department of Juvenile Justice v. Sean Milner 07/21/2015
Trial court erred in reversing the hearing officer’s decision where hearing officer did not act contrary to law in declining to reinstate appellee to his former position; decision of trial court reversed and decision of hearing officer reinstated
2022142 William D. Coalson v. Marylynn Coalson 07/21/2015
Trial court did not err in granting appellee’s motion to strike on a motion to terminate spousal support where the evidence failed to establish that appellee and her paramour shared a common residence
2147142 Virginia Department of Juvenile Justice v. Sean Milner 07/21/2015
Judgment of trial court awarding attorney’s fees and costs to appellee under Code § 2.2-3006(E) reversed where appellee no longer substantially prevails on the merits of his case and is no longer entitled to attorney’s fees and costs
2321142 Donald M. Eskridge v. Angela T. Eskridge 07/21/2015
Trial court did not abuse its discretion in awarding appellee spousal support in the amount of $1,200 per month for five years
0265153 Opal Brock v. Wise County Department of Social Services 07/14/2015
Summary affirmance – appellant’s failure to challenge termination of her parental rights under Code § 16.1-283(B) renders moot her claim under Code § 16.1-283(C)
0378153 Babcock & Wilcox and Indemnity Insurance Company of North America v. Paul Moran 07/14/2015
Summary affirmance – no error in commission’s finding that claimant suffered a compensable injury and that he was entitled to an award of temporary total disability benefits
0425153 Randall Peaks v. Wise County Department of Social Services 07/14/2015
Summary affirmance – arguments regarding target completion date, relative placement, failure of trial court to remand matter to juvenile court after appeal heard on ninety-second day after appeal noted, and admission of medical records under business record exception barred by Rule 5A:18; failure to challenge termination under all code sections renders moot claim of error under one section
0528151 Nestle USA, Inc. and Ace American Insurance Company v. Keith P. Ellis 07/14/2015
Summary affirmance – no error in commission’s finding that claimant’s claim for medical and indemnity benefits was not barred by the statute of limitations
0781143 Albert Lewis Fowler, III v. Commonwealth of Virginia 07/14/2015
Appellant’s conviction is reversed because appellant did not enter a constitutionally valid guilty plea
1063142 Joshua Micah Lillard v. Commonwealth of Virginia 07/14/2015
No error in trial court’s finding that appellant operated his tractor trailer in a reckless manner and, thus, was guilty of reckless driving
0845142 Craig Lamont Kirkpatrick v. Commonwealth of Virginia 07/07/2015
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant only objected to the Commonwealth’s lack of evidence regarding threat or intimidation not his appellate argument regarding sufficiency of the evidence to prove penetration
1138142 Ronald Edward Johnson, Jr. v. Commonwealth of Virginia 07/07/2015
Trial court did not err in convicting appellant of three counts of failure to appear where a single act of failure to appeal may result in multiple convictions when each count is based on a distinct underlying felony
1350142 Dezmon C. Reaux, s/k/a Dezmon Cary Lee Reaux v. Commonwealth of Virginia 07/07/2015
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant’s argument on appeal not properly preserved because appellant did not allege a violation of Sixth Amendment rights before the trial court
1442142 Jayvon Lartay Bass v. Commonwealth of Virginia 07/07/2015
Error in appellant’s conviction of robbery on an indictment charging appellant with attempted robbery; conviction reversed and remanded to trial court for new trial on attempted robbery
0963142 Ty'quawne Niheem Alston v. Commonwealth of Virginia 06/30/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intended to commit an assault and battery at the time he entered the victim’s residence
1957143 Christopher Lee Croft v. Commonwealth of Virginia 06/30/2015
Trial court erred in convicting appellant of driving while his license was suspended under Code § 18.2-272 where the period of suspension authorized by Code § 18.2-271 was one year from the date of conviction for driving while intoxicated and that period had passed
2167132 Joseph Garth Jones v. Commonwealth of Virginia 06/30/2015
No error in trial court’s finding that appellant’s driving after the officer’s command to stop endangered the officer’s operation of his vehicle and appellant’s actions constituted felony eluding
2370131 John W. Legault v. Commonwealth of Virginia 06/30/2015
Trial court erred in excluding evidence of victim’s prior allegations against appellant where proffered evidence of an alibi for the date in question was sufficient to demonstrate a reasonable probability that victim’s prior allegations were false
0104152 Commonwealth of Virginia v. Hunter Franklin Hocutt 06/23/2015
Trial court did not err in granting motion to suppress where the impoundment of appellee’s vehicle was not reasonable under Fourth Amendment as impoundment did not occur pursuant to a statute or the standard police procedure applicable in this case
1993143 Lynn Miller, f/k/a Lynn Miller Green v. Robert Lorenza Green, Jr. 06/23/2015
Trial court erred in terminating spousal support retroactively and in finding that appellee was entitled to cease payment of spousal support unilaterally prior to seeking court intervention
2237144 Jasmine Harper v. Alexandria Department of Community and Human Services 06/23/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where although appellant participated in services offered, she did not demonstrate an ability to safely parent the children
0080151 Smithfield Foods, Inc. and Safety National Casualty Corp. v. Donald R. Branstetter, Jr. 06/16/2015
Summary affirmance – no error in commission’s finding that res judicata principles barred appellants’ argument disputing causal relationship between appellee’s second episode of DVT and appellee’s workplace accident; no error in decision regarding award of attorney’s fees to appellee
0319152 William A. Woodard, Jr. v. Dinwiddie Department of Social Services 06/16/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where it found appellant had been unwilling or unable to remedy substantially the conditions which led to child’s placement in foster care
1500142 Anthony Joseph Bellio-Poates v. Commonwealth of Virginia 06/16/2015
Trial court did not err in denying appellant’s motion to suppress where the search warrant was supported by probable cause; no error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the contraband and that appellant grew the marijuana with the intent to distribute it
1758144 Jennifer Lynn Wilks v. Fairfax County Department of Family Services 06/16/2015
Summary affirmance – termination of appellant’s parental rights affirmed where appellant only challenged termination under one of the two subsections under which her rights were terminated
0016152 Rosa Cruz-Gonzalez v. Star Valley Painting Contractors, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that appellant’s claim for benefits is barred by the settlement of third-party suits without knowledge or consent of appellees
0017152 Rufino Cruz Cortes v. Star Valley Painting Contractors, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that appellant’s claim for benefits is barred by the settlement of third-party suits without knowledge or consent of appellees
0206152 Big Lots Stores, Inc. and Arch Insurance Company v. Howard Clute 06/09/2015
Summary affirmance – no error in commission’s finding that appellee’s claim was not barred by res judicata and awarding medical benefits for a right knee injury
0252152 Howard Clute v. Big Lots Stores, Inc. and Arch Insurance Company 06/09/2015
Summary affirmance – no error in commission’s decision declining to award ongoing temporary total disability benefits and only awarding appellant disability benefits for day of his right knee replacement surgery
1777143 Amanda J. Carroll Brammer v. Craig County Department of Social Services 06/09/2015
Summary affirmance – appellant’s failure to challenge the termination of her parental rights under Code § 16.1-283(C)(2) renders moot her challenge under Code § 16.1-283(B)
1851144 Zainab T. Ahmed v. Trinet/Washington Dulles Marriott, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that several of appellant’s physical ailments were not casually related to her work injury and that appellees were not responsible for payment of emergency room visits, a neck collar, and treatment for several conditions
2236144 Hellen Bangura v. Alexandria Department of Community & Human Services 06/09/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and in approving the goal of adoption for the child
2320142 Gene Forbes Enterprises d/b/a McDonald's of Tazewell and Arch Insurance Company v. Janis R. Cooper 06/09/2015
No error in commission’s award of disability benefits where it found appellee suffered an injury arising out of and in the course of her employment, suffered a sudden mechanical or structural change, and there was a causal link between the injury and the resulting treatment
2350142 Ronald Perry v. Prince George Department of Social Services 06/09/2015
Trial court did not err in terminating appellant’s parental rights to his child where appellant’s mental illness prevented him from being able to care for the child, appellant did not provide evidence he would be able to care for the child’s mental health needs, and appellant did not substantially correct conditions which led to child being and remaining in foster care
0190153 Julianne Price v. Rahe, Inc. and Merchants of Virginia Group Self-Insurance 06/02/2015
Summary affirmance – no error in trial court’s finding that appellant failed to prove she suffered a concussion as a compensable consequence of her workplace accident
1020141 Lakesha Lanika Artis v. Commonwealth of Virginia 06/02/2015
Evidence was not sufficient to prove beyond a reasonable doubt that appellant’s conduct was criminally negligent; conviction of involuntary manslaughter reversed and dismissed
1363142 Tyrone Brewington Conway v. Commonwealth of Virginia 06/02/2015
No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where it proved victim suffered a wound and Court rejects appellant’s argument that a weapon other than that with which the body is naturally provided must be used to cause the wound
1604141 Michael Kevin Huck v. Stacie Lee DeLango Huck 06/02/2015
Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider his assignments of error; additional assignments of error barred by Rule 5A:18
1722142 Megan Bracaloni v. Joshua Edge, Jennifer Leslie Edge and Gregory Edge 06/02/2015
Summary affirmance – appellant’s assignment of error regarding a child custody and visitation order not preserved and will not be considered
0043154 Commonwealth of Virginia v. David Pijor 05/26/2015
No error in trial court’s finding that Double Jeopardy Clause mandated dismissal of appellee’s second indictment
2287141 Commonwealth of Virginia v. Dustin Lee Correll 05/26/2015
Trial court did not err in granting motion to suppress where facts did not provide an objective basis for the officer to suspect that appellee was armed and dangerous
0673141 Duane Aubrey Diggs v. Commonwealth of Virginia 05/19/2015
No error in trial court’s findings that no variance existed between the indictment and the proof and that evidence was sufficient to prove appellant obtained money or property by false pretenses
1158143 Peter Anthony Deluca v. Tracie Ondich Deluca 05/19/2015
No error in trial court’s finding that appellant’s spousal support obligation under the parties’ agreement included an obligation to pay a monthly monetary sum to appellee; appellant’s other assignments of error procedurally barred by Rule 5A:20(e)
1613143 Timothy M. Barrett v. Commonwealth of Virginia, et al. 05/19/2015
Trial court did not err in finding it did not have subject matter jurisdiction to hear this case
1614143 Timothy M. Barrett v. Commonwealth of Virginia, et al. 05/19/2015
Trial court did not err in finding it did not have subject matter jurisdiction to hear this case
2027141 Trevon Blake v. Norfolk Department of Human Services 05/19/2015
Summary affirmance – trial court did not err in denying appellant’s motion for continuance and dismissing this appeal of the termination of his parental rights where it found he voluntarily waived his right to appeal
2230141 James Michael Wheeler, Jr. v. Liliana Wheeler 05/19/2015
Summary affirmance – no error in trial court’s order allowing appellee to relocate the parties’ children to San Diego, California
2474133 Charleston Alexandria Williams, Jr. v. Commonwealth of Virginia 05/19/2015
Trial court erred in finding evidence was sufficient to prove value of computer was greater than $200 at the time of the theft; remanded to trial court for resentencing on conviction of lesser-included offense of petit larceny
0002141 Ronnie James Kemp v. Commonwealth of Virginia 05/12/2015
No error in trial court’s finding that evidence was sufficient to prove appellant jointly possessed the marijuana with the intent to distribute it and that he entered into an agreement with others to sell the marijuana
0173143 Timothy M. Barrett v. Valerie Jill Rhudy Minor 05/12/2015
Order of trial court dismissing appellant’s refiled October 2013 complaint regarding custody and visitation of minor children affirmed
0288141 Travis Kashawn Brown v. Commonwealth of Virginia 05/12/2015
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the cocaine located in the driver’s side cup holder; convictions of possession of cocaine and possession of a firearm while in possession of cocaine affirmed
0384141 Timothy Michael Baird v. Commonwealth of Virginia 05/12/2015
Evidence was sufficient to allow jury to reasonably infer both malice and a specific intent to kill or otherwise harm victims in vehicle; appellant waived any claim he may have had for a mistrial by not timely requesting that relief
2104142 Dwayne L. Cook v. Loretta S. Cook 05/12/2015
Summary affirmance – trial court did not abuse its discretion in reducing rather than terminating appellant’s spousal support obligation to appellee and did not err in refusing to consider the length of the parties’ marriage and how long appellant has been paying spousal support in its decision to reduce appellant’s spousal support obligation
2143141 Riverside Behavioral Centers and Trumbull Insurance Company v. Steven Tyrone Teel 05/12/2015
Commission erred in concluding appellee was not terminated for justified cause; award of temporary total disability benefits reversed and vacated
2201144 Michael Keith Lamb v. S. Diane Lamb 05/12/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify his spousal support obligation to appellee
0006153 Charles Samuel Harris v. Paty Denise Leonard Harris 05/05/2015
Summary affirmance – no error in trial court’s holding that it did not have authority to modify or terminate appellant’s spousal support obligation to appellee where the language in the final decree, including agreement of the parties, does not state that the spousal support obligation can be modified
0793141 Bruce Antoine Howard v. Commonwealth of Virginia 05/05/2015
Trial court did not err in finding evidence was sufficient to prove appellant intended to inflict a permanent injury on the victim; any error in trial court’s application of the definition of intent under the statute harmless
1037141 Willie Billups v. Commonwealth of Virginia 05/05/2015
Trial court did not err in denying appellant’s motion to suppress where officers had reasonable articulable suspicion that appellant had just engaged in criminal activity
1104143 Charles Wesley Olmstead v. Commonwealth of Virginia 05/05/2015
No error in sentence imposed upon appellant where sentence does not violate Eighth Amendment prohibition against cruel and unusual punishment and as appellant was not sentenced to life imprisonment without parole he is not entitled to a proportionality review
1253143 Daniel Elwood Buchanan, s/k/a Daniel Elwood Buchanan, Jr. v. Commonwealth of Virginia 05/05/2015
Evidence was sufficient for jury to infer appellant acted with malice when he shot and killed victim; argument regarding introduction of text messages from appellant’s cell phone waived when he introduced text messages of a similar nature on his own behalf and attempted to explain text messages introduced by Commonwealth in a light more favorable to his defense
1265142 Oscar O. Ozfidan v. Pamela L. Ozfidan 05/05/2015
Trial court did not err in its assessment of the Code § 20-107.3(E) factors; trial court erred in transferring title of appellant’s IRA to appellee, in apportioning marital debt without giving appellant a credit appellee’s counsel stated was appropriate, and in ruling it would not consider issue of spousal support despite appellant’s request to do so
1560141 Carmela M. Sarno v. George S. Sarno 05/05/2015
Summary affirmance – assignments of error raised on appeal not considered due to appellant’s failure to comply with Rules 5A:20 and 5A:25
1795143 Joshua Eugene Andrews v. Roanoke County Department of Social Services 05/05/2015
Summary affirmance – trial court did not err in denying appellant’s motion for a continuance to provide names of possible relative placement or in terminating appellant’s parental rights to his child
2202131 Marcus M. Cousin, Jr. v. Commonwealth of Virginia 05/05/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was aware of the nature and character of the contents of the lunchbox in which the marijuana was found
2242144 William N. Blair v. Karin L. Blair 05/05/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify his spousal support obligation to appellee where appellant did not prove a material change in circumstances
0734142 De'Jour Davonte Reaux-King, s/k/a De'Jour Devante Reaux-King v. Commonwealth of Virginia 04/28/2015
Trial court did not err in finding evidence sufficient to prove appellant committed a direct act calculated to accomplish a robbery; conviction of attempted robbery affirmed
1997144 Guy Ferrante v. Mary Jo Krist 04/28/2015
Summary affirmance – judgment of trial court incarcerating appellant until he paid attorney’s fees and sanctions ordered by trial court affirmed
2208142 Nancy Lynn Glover v. Louisa County Department of Human Services 04/28/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence was sufficient to prove she was unable to care for her child within a reasonable amount of time despite reasonable and appropriate efforts by appellee to help remedy situation
2246141 Commonwealth of Virginia v. Willie Ray Mack 04/28/2015
Order of trial court granting suppression motion affirmed where Commonwealth did not alert trial court to argument raised on appeal that it erred in addressing motion to suppress under an incorrect standard
0572142 Christopher Wayne Butler v. Commonwealth of Virginia 04/21/2015
Trial court did not err in denying appellant’s motion to suppress evidence and statements found in a search of the vehicle in which appellant was a passenger or in denying appellant’s motion to strike evidence where evidence was sufficient to support finding appellant constructively possessed morphine found in center console
0935142 Willie Anderson Cullop v. Commonwealth of Virginia 04/21/2015
Trial court did not err in denying appellant’s motion to declare the habitual offender statute unconstitutional as applied to him where appellant suffered no due process violation and no ex post facto violation exists; evidence was sufficient to convict appellant of driving after having been declared an habitual offender
1768144 Michael Allen Luttrell v. Samantha Mary Jo Cucco 04/21/2015
Trial court did not err in denying appellant’s motion to adjust spousal support or in awarding attorney’s fees to appellee
2474133 Charleston Alexandria Williams, Jr. v. Commonwealth of Virginia 04/21/2015
Trial court erred in finding evidence was sufficient to prove value of computer was greater than $200 at the time of the theft; remanded to trial court for new trial on lesser-included offense of petit larceny if Commonwealth be so advised
1058141 Christopher Javon Norman v. Commonwealth of Virginia 04/14/2015
No error in trial court’s finding that evidence was sufficient to show appellant used force or intimidation to compel victim to leave her home against her will
1203142 Amanda C. Padula-Wilson v. Michael G. Wilson 04/14/2015
Trial court’s judgment regarding custody of parties’ children is affirmed in part, reversed in part, and remanded to trial court for further proceedings
1295142 Brian Lester Walton, Sr. v. Commonwealth of Virginia 04/14/2015
Evidence was sufficient to support jury’s conclusion that appellant’s violation of a protective order was based on a threat of violence and their decision to convict appellant under the felony provision of Code § 18.2-60.4; jury was properly instructed
1468141 Kathie Leonide Bozsik v. Charles Joseph Bozsik, et al. 04/14/2015
Trial court erred in finding appellant forfeited her right to a life estate in the residence because she obeyed the trial court’s directive in a pendente lite order; trial court’s judgments granting appellees’ demurrer, directing appellant to sign quitclaim deed, and awarding attorney’s fees and costs to appellees reversed and remanded to trial court for evidentiary hearing
1625144 Fairfax County v. Matthew Domyancic 04/14/2015
Summary affirmance – commission did not err in denying appellant’s application based on a change in condition, in finding appellant did not prove appellee’s failure to report a return to work and in denying appellant’s request to terminate the outstanding award of benefits
1628144 Fairfax County Government v. Victoria Monroe 04/14/2015
No error in commission’s finding that appellee’s lower back injury arose out of her employment and that she did not willfully violate a workplace rule or otherwise willfully commit misconduct
2012144 Fairfax County v. Matthew Domyancic 04/14/2015
Summary affirmance – no error in commission’s decision awarding appellee medical benefits and attorney’s fees
2187141 Ruiz Drywall & Cleaning Inc. and Builders Mutual Insurance Company v. Mauricio R. Morales 04/14/2015
Summary affirmance – no error in commission’s finding that appellee suffered a compensable injury and awarding temporary total disability benefits
2423134 William Austin Clark, Jr. v. Commonwealth of Virginia 04/14/2015
Trial court did not err in instructing the jury where the proposed instructions would not have assisted the jury in its deliberations; evidence was sufficient for jury to find that appellant committed an assault and battery against the officer
0149143 Antonio Figueroa v. Commonwealth of Virginia 04/07/2015
Trial court did not err in revoking appellant’s suspended sentences where prior order extending his probation was not void for lack of notice and appellant may not collaterally attack that order
0932141 Travious Marque Bailey v. Commonwealth of Virginia 04/07/2015
Trial court did not err in rejecting appellant’s hypothesis of innocence and finding evidence was sufficient to support appellant’s conviction of grand larceny
1026142 Wayne Edward Meadows, Jr. v. Commonwealth of Virginia 04/07/2015
Appellant’s arguments regarding constitutionality of Code § 18.2-370 barred by Rule 5A:18
1066141 Marius Hamilton Stafford v. Commonwealth of Virginia 04/07/2015
No error in trial court’s finding that evidence was sufficient to establish appellant had actual notice of his status as an habitual offender
1483141 Barbara Deanne Smith v. Eric Wendell Thompson 04/07/2015
No error in trial court’s finding that certain financial obligations appellant was entitled to pursuant to her written agreement with appellee upon their separation and divorce were terminated upon her remarriage as they were spousal support for purposes of Code § 20-109(D)
1793131 Raymond Nathaniel Martin v. Commonwealth of Virginia 04/07/2015
Appellant’s argument whether trial court erred in denying appellant’s motion to withdraw his guilty plea barred by Rule 5A:18 where there was no motion to withdraw the guilty plea before the trial court
1796143 Crystal Hareford v. Harrisonburg-Rockingham Social Services District 04/07/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i)
2147133 Bruce Gregory Reed v. Commonwealth of Virginia 04/07/2015
No error in trial court’s finding that value of trees, whatever precise value they may have been worth, was $200 or more; conviction of grand larceny affirmed
0193143 David Lee Hutton, III v. Commonwealth of Virginia 03/31/2015
No error in trial court’s finding that evidence was sufficient to prove appellant knew the items he pawned were stolen
0726143 Randy Lee Wyant v. Commonwealth of Virginia 03/31/2015
No error in trial court’s finding that appellant made “contact” with the victim in violation of the preliminary protective order
1140141 Rayon Levelle Pork v. Commonwealth of Virginia 03/31/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant had a concealed weapon; argument regarding legality of seizure of baggy of heroin not addressed where appellant failed to assign error to trial court’s alternative holding of doctrine of inevitable discovery
1324143 Power Distribution Prodcuts, Inc. and Argonaut Insurance Company v. James Lockard 03/31/2015
No error in commission’s decision awarding appellee benefits where appellant cured his initial refusal to accept selective employment and appellee’s testimony did not bar the commission from concluding he was disabled
1382143 Southern Tank Transport, Inc. and New Hampshire Insurance Company v. Roy Hoke, Jr. 03/31/2015
No error in commission’s decision declining to terminate an open award to appellee and awarding attorney’s fees to appellee
1894142 David F. LaBrie v. Judith A. LaBrie 03/31/2015
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion to reduce or terminate spousal support and in ordering appellant to pay appellee’s attorney’s fees and costs
2252133 Robert Eli Bernard v. Commonwealth of Virginia 03/31/2015
Judgment of trial court affirmed where appellant was not deprived of his constitutional right to an impartial jury and fair trial due to statements made in presence of the venire unknown to appellant and his counsel
2421133 Crosby Windell Jones v. Commonwealth of Virginia 03/31/2015
Trial court erred in convicting appellant of unlawful wounding after specifically finding that Commonwealth failed to prove necessary element of intent to main, disfigure, disable or kill; remanded to trial court for entry of an order and sentencing on lesser-included offense of assault and battery
2449133 Raymond Curtis v. Commonwealth of Virginia 03/31/2015
Trial court did not abuse its discretion in denying appellant’s motion for a new trial and motion in limine to prevent Commonwealth from presenting evidence of appellant’s prior drug use and drug activity and introducing testimony concerning types of cocaine, a drug problem in Wise County, and the drug culture
0359142 William Roland Massey, III v. Commonwealth of Virginia 03/24/2015
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the requisite intent to defraud at or before the false representations were made and received money or property belonging to victim; issue that behavior for which he was convicted did not establish requisite false representation of pretense not preserved for appeal
0536143 Matthew Raymond Shropshire v. Commonwealth of Virginia 03/24/2015
Trial court did not err in denying appellant’s motion to withdraw his no contest plea where appellant failed to proffer evidence for a reasonable basis for contesting guilt
1467141 Joyce Vick v. Hampton Roads Transit 03/24/2015
No error in commission’s denial of claim for medical benefits and compensation for temporary total disability where credible evidence supported finding that appellant’s fall did not arise out of her employment
1512144 Jeffrey M. Pope v. Jennifer D. Pope 03/24/2015
Trial court erred when it refused to clarify and modify its previous order regarding the Disney resort timeshare where Code § 20-107.3(K) allows the trial court to enter an order clarifying its previous order
1571141 Geraldine Wildner v. DBHDS/Eastern State Hospital/Commonwealth of Virginia 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1714142 Olga Randolph v. Spherion Atlantic Workforce, LLC, et al. 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1798144 Rose Mills v. Army Navy Country Club and Hartford Accident and Indemnity Company 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1902133 Justin Dwayne Stump v. Commonwealth of Virginia 03/24/2015
Trial court did not abuse its discretion in revoking appellant’s deferred disposition for failing to comply with the terms of the deferred disposition where appellant accepted the inherent risk that he would be incarcerated on unrelated charges and unable to comply with the terms
1908143 Alicia Lilly v. Washington & Lee and PA Manufacturers Indemnity Co. 03/24/2015
Summary affirmance – no error in commission’s finding that appellant’s neck injury was not a compensable consequence of her 1998 work-related injury
0546141 Mark Thomas Clementi v. Commonwealth of Virginia 03/17/2015
No error in trial court’s finding that California’s drunk driving statute was substantially similar to Code § 18.2-266 with regard to two of appellant’s driving under the influence convictions in that state and could be used as predicate offenses for enhanced penalty purposes
0767142 Department of Medical Assistance Services/Commonwealth of Virginia v. Ablix Corporation, d/b/a, etc. 03/17/2015
Trial court did not err in denying appellee’s request for attorneys’ fees; trial court erred in failing to apply correct standard for court review of an agency decision and in failing to vacate its final order in light of this Court’s decision in 1st Stop Health Servs. v. Dep’t of Med. Assistance Servs., 63 Va. App. 266, 756 S.E.2d 183 (2014)
1612144 Inova Loudoun Hospital and Inova Health Systems v. Najat Chemlali Goode 03/17/2015
Summary affirmance – no error in commission’s finding that appellee proved injuries to her neck and upper back, that her medical treatment and disability were causally related to her workplace accident, and that appellee had ongoing work incapacity related to the accident
1624144 Rose Ikpeme Nkong v. Ishong Nkong 03/17/2015
Summary affirmance – no error in final decree divorce granting appellee legal and primary custody of parties’ children
0070142 Dominique Tajuan Waller v. Commonwealth of Virginia 03/10/2015
Trial court did not abuse its discretion in manner in which it conducted voir dire, in finding chain of custody was adequately established, and in declining to give a duplicative jury instruction; evidence was sufficient to prove appellant’s possession of cocaine
0642142 Cornellus Lavon Oliver v. Commonwealth of Virginia 03/10/2015
No error in denial of appellant’s motion to suppress where officer had a sufficient objective basis to seize appellant by requiring him to perform field sobriety tests; evidence was sufficient to support finding that appellant drove his vehicle while intoxicated
1077141 Paul A.M. Epps v. Belinda Y. Epps 03/10/2015
Appellant’s arguments regarding attorney’s fees and imputation of income barred by Rule 5A:18; trial court did not abuse its discretion in declining to classify appellee’s military retirement pay or award appellant any part thereof where appellant failed to provide sufficient evidence for trial court to determine if there was a marital share
1568132 Chase Adam Marsh v. Commonwealth of Virginia 03/10/2015
Review of appellant’s assignment of error barred by Rule 5A:18 where appellant’s vague and generalized references to the law did not afford trial court an opportunity to intelligently rule on appellant’s objection and were insufficient to preserve issue for appeal
1952142 DBP Holding Corporation and Hartford Casualty Insurance Company v. Margarete Konupka Moore 03/10/2015
Summary affirmance – no error in commission’s finding that appellee did not refuse an offer of selective employment in January 2013 and reasonably marketed her residual work capacity after being restricted to light duty
2194132 Antonio O'Keefe Shelton v. Commonwealth of Virginia 03/10/2015
No error in trial court’s finding that evidence was sufficient to prove appellant lied about the weapon being in his hand in order to conceal that the weapon was actually hidden elsewhere on his person; conviction of misdemeanor carrying a concealed weapon affirmed
0899144 Sheila M. Velez v. Carlos M. Lizardi 03/03/2015
No error in trial court’s findings that appellant did not prove constructive fraud by clear and convincing evidence, that the terms of the agreement were not so grossly disparate as to support a finding of unconscionability, and that appellee was entitled to attorneys’ fees and costs under the terms of the agreement
1525144 Alicia Lea Thomas and Corey Bryce Hundley v. Devin Len Shrout 03/03/2015
Judgment of trial court affirmed where Court finds a timely filed transcript or written statement of facts is indispensable to a determination of the assignments of error raised on appeal
1631141 Lotoria Carlos v. City of Virginia Beach Department of Human Services 03/03/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her eleven children where appellant was unable to show that she could apply what she had been counseled to do in the best interests of the children
1676143 Michael Sean Eskridge v. Washington County Department of Social Services 03/03/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant did not substantially plan for future of child or maintain contact with child for a period of six months after child was placed in foster care
2217144 Clifton Lewis Flora, III v. Shenandoah County Department of Social Services 03/03/2015
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his child was in child’s best interests
1786143 Commonwealth of Virginia v. Barbara Ann Keen 03/02/2015
Judgment of trial court dismissing indictments against appellee for speedy trial violation affirmed where nothing in record provides basis to conclude trial court erred in holding appellee’s statutory right to a speedy trial had been violated
0903144 Soudabeh White v. Malcolm White 02/24/2015
No error in trial court’s decision to register the foreign custody order under the UCCJEA or to award appellee, the prevailing party in the registration litigation, his attorneys’ fees and costs
1005144 Wara Wara, Inc., t/a Wara Wara v. Virginia Department of Alcoholic Beverage Control 02/24/2015
Trial court did not err in upholding decision of appellee that appellant violated ABC regulations when it served alcohol after 2:00 a.m. and that appellant violated ABC regulations by selling two or more drinks for one price
1100142 Charter Oak Fire Insurance Company v. Gregory Morgan and Sandra Caudill 02/24/2015
No error in commission’s awards of benefits to appellees where it found their injuries were compensable because they arose out of their employment
1582141 Sophia Marquita Shadley v. Norfolk Department of Human Services 02/24/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B) and (C)(2)
1691132 Latoya Yvette Wilson v. Commonwealth of Virginia 02/24/2015
Trial court did not err in denying motion to suppress where officer had reasonable suspicion of a violation of Code § 46.2-848 sufficient to conduct a traffic stop of the vehicle in which appellant was a passenger; conviction of possession of marijuana with intent to distribute affirmed
1759143 Suzanne Coffman v. Virginia Mennonite Retirement Community and Wausau Business Insurance Company 02/24/2015
Summary affirmance – no error in commission’s finding that appellant failed to prove her leg symptoms were a compensable consequence of her workplace accident
0533142 Robin Vince, s/k/a Robin Renee Vince v. Commonwealth of Virginia 02/18/2015
Trial court did not abuse its discretion in allowing expert to testify where that testimony did not invade province of fact finder by testifying to the ultimate issue of fact; trial court’s error in allowing expert witness to remain in courtroom during appellant’s testimony harmless
0837144 Courtney E. Blakey v. University of Virginia Health System/Commonwealth of Virginia 02/18/2015
Error in commission’s award of benefits based on a 43% impairment rating of appellant’s upper extremity where no credible evidence in the record supported that finding
1030143 Heather Amber French v. Roanoke City Department of Social Services 02/18/2015
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1790142 Drug Transport, Inc. and New Hampshire Insurance Company v. McCarter Williams 02/18/2015
Summary affirmance – commission did not err in awarding appellee medical benefits for a neck injury where it found doctrine of res judicata did not bar recovery
1952132 David Lee Washington v. Commonwealth of Virginia 02/18/2015
No error in trial court’s finding that evidence was sufficient to prove appellant procured a controlled substance by concealment of a material fact; appellant’s assertion that trial court relied on statements that had been properly excluded is without merit
1744144 Commonwealth of Virginia v. Abdul Rahman Cole 02/13/2015
Trial court erred in granting appellee’s motion to suppress where trial court applied wrong legal standard in assessing the constitutionality of the jail’s strip search policy
0025144 Bernard Vernon West v. Commonwealth of Virginia 02/10/2015
No error in trial court’s revocation of appellant’s suspended sentence where it retained jurisdiction over the case and could revoke the balance of the suspended sentence for the relevant probation violations
0543142 Sheila Juanita Somerville, s/k/a Shelia J. Somerville v. Commonwealth of Virginia 02/10/2015
No error in jury’s determination that evidence was sufficient to prove appellant used a substance proscribed by Code § 18.2-312 to cause bodily injury
0834142 Mark Lowe v. Commonwealth of Virginia, et al. 02/10/2015
Appeal dismissed as moot where order appealed from was vacated by trial court
1099144 Anthony Arthur Sabio v. Maribelle Bautista Sabio 02/10/2015
Trial court erred in finding term “marital share” was ambiguous and in admitting parol evidence; trial court did not abuse its discretion in refusing to award appellant attorney’s fees that he incurred in litigating the erroneously awarded pendente lite attorney’s fees
1298142 Mark Lowe v. Commonwealth of Virginia, et al. 02/10/2015
Summary affirmance – trial court did not err in granting appellee’s motion to dismiss appellant’s motion to amend his child support obligation and holding that appellant’s child support obligation remained at $1,074 per month
1540143 Travis Conley Jones v. Bristol Department of Social Services 02/10/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
1736133 Carter W. Matney, s/k/a Carter Wayne Matney v. Commonwealth of Virginia 02/10/2015
Argument that trial court erred in refusing to grant appellant’s request to be resentenced by a jury barred by Rules 5A:18 and 5A:12; appellant’s mandatory minimum sentence of two years for possession of a firearm by a non-violent felon affirmed
1979142 Kiva Williams-Kemp v. Prince Edward Department of Social Services 02/10/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where evidence showed it was in child’s best interests and it was not reasonably likely that appellant could substantially remedy or correct abuse or neglect leading to child’s removal within a reasonable period of time
2210132 Gianna Biancha Cicilese v. Commonwealth of Virginia 02/10/2015
Trial court erred in finding evidence was sufficient to prove appellant conspired with another to distribute marijuana on August 10, 2012; conviction of conspiracy to distribute marijuana reversed and dismissed
1074144 John Paul Jones v. Loudoun County 02/03/2015
No error in commission’s denial of benefits for appellant’s right forearm and right hand where evidence did not prove they were causally related to the work-related accident
1093141 Full Circle Concepts II, LLC v. Lamont Cherry, et al. 02/03/2015
Commission did not err in declining to apply doctrine of equitable estoppel where appellant’s reliance on any misrepresentations was not warranted or justified; holding that insurance company complied with Code § 65.2-804(B) affirmed where it met its burden of showing actual receipt of notice of cancellation
1282141 Estate of Jose Fidel Arroyo v. Carlos Ramirez and Auto Owners Insurance Company 02/03/2015
No error in commission’s findings that the evidence failed to establish that the injury to Arroyo arose out of his employment and that the presumption found in Code § 65.2-105 was inapplicable in this case
1545131 Torrey Lavell Washington v. Commonwealth of Virginia 02/03/2015
No error in trial court’s denial of appellant’s motion to strike where sufficiency of the evidence was a question for the jury and the jury weighed the conflicting evidence and made a factual determination of expert credibility
1791133 Brandon Valentin v. Commonwealth of Virginia 02/03/2015
No error in trial court’s finding that evidence was sufficient to prove that appellant acted with the requisite intent to attempt to engage in anal intercourse with the victim and that he committed a sufficient act in furtherance of that intent
0226141 Tyron Gilliam v. Commonwealth of Virginia 01/27/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant was engaged in unlawful activity
0267143 Jamal Kemo Saunders v. Commonwealth of Virginia 01/27/2015
No error in appellant’s conviction of possession of a firearm by a convicted felon under Code § 18.2-308.2(A)(iii) where evidence was sufficient to prove object appellant possessed was a firearm and record fails to rebut presumption that trial court applied the correct law regarding definition of a firearm
0475143 Roger Smith v. Dominion Technical Solutions and Virginia Electric and Power Company 01/27/2015
Decision of commission affirmed except insofar as it pertains to finding that appellant was not entitled to temporary total disability benefits after January 29, 2013
0529144 Brodrick C. Aratoon v. Cheryl Roberts 01/27/2015
No error in trial court’s decision terminating appellee’s spousal support obligation to appellant; trial court erred in finding appellant’s counsel in contempt and in appointing a guardian ad litem to represent appellant
0839144 Hawa Coulibaly v. Arlington Department of Human Services, et al. 01/27/2015
Summary affirmance – trial court did not err in dismissing appellant’s petition for appeal where it was not timely filed and court had no authority to extend the filing deadline
1161142 J. L. Kent & Sons, Inc., et al. v. Richard Kilby 01/27/2015
No error in commission’s finding that appellee’s claim relating to his bilateral sacroiliac joints was not barred by the statute of limitations despite such claim not being filed within two years of the date of the compensable accident
2091134 Mark Holmes v. Culver Design Build, Inc. and Virginia Board for Contractors 01/27/2015
Trial court did not err in dismissing appellant’s petition for appeal as appellant was not aggrieved by the Board’s finding and lacked standing to appeal the Board’s decision
1149143 Jason Lafia v. Roanoke City Department of Social Services 01/20/2015
No error in trial court’s finding that appellee presented clear and convincing evidence that termination of appellant’s parental rights to his child was in child’s best interests and that appellee proved statutory requirements of Code § 16.1-283(E)
1271144 Shonda Renee Lindsey v. Stafford Department of Social Services 01/20/2015
Summary affirmance – trial court did not err, based upon totality of the evidence, in terminating appellant’s parental rights to her child
1782143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1783143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1784143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1785143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1827134 Robert E. Roy v. Commonwealth of Virginia 01/20/2015
Trial court did not err in conditioning appellant’s suspended sentence on indefinite periods of good behavior and supervised probation
0754141 Rhonda Kirschmann v. Dolly Kirschmann 01/13/2015
Judgment of trial court awarding custody of child to appellee affirmed where appellant’s assignments of error were not preserved pursuant to Rule 5A:18 and as appellant’s failure to comply with Rule 5A:20(e) is significant, Court will not consider her assignments of error
0999144 Dwight Thomas Grant, II v. Allison Joy Quigley 01/13/2015
Summary affirmance – trial court’s order awarding sole custody of parties’ children to appellee and ordering appellant to have no contact with children unless approved by the children’s health care providers and the guardian ad litem affirmed
1310143 Jennifer Dawn Carwile v. Department of Social Services for Campbell County 01/13/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1325143 Eric Eugene Black v. Department of Social Services for Campbell County 01/13/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
1409133 Michael Edward Wyatt v. Commonwealth of Virginia 01/13/2015
Evidence was sufficient to support appellant’s convictions of statutory burglary, grand larceny, and possession of a firearm by a convicted violent felon
1515141 Commonwealth of Virginia v. Jermaine Durell Spence 01/09/2015
Trial court erred in granting appellee’s motion to suppress the evidence because the seizure of appellee was proper under the Fourth Amendment
1170144 Kiet Anh Pham v. Thuy T. Bui 12/30/2014
Summary affirmance – trial court did not abuse its discretion in granting sole custody to appellee and denying appellant visitation with the child at this time
1221143 Milford Washington v. Faye Denise Lucas 12/30/2014
No error in trial court’s finding that it did not have personal jurisdiction over appellee to adjudicate appellant’s petition for separate maintenance
1522144 Derrick Hamilton v. Loudoun County Department of Family Services 12/30/2014
Summary affirmance – evidence was sufficient to support trial court’s finding that appellant’s children were in need of services
2457132 Charles J. DeLanoy v. Robin R. DeLanoy 12/30/2014
Trial court’s order pertaining to issues of fault grounds for divorce, equitable distribution, and spousal support affirmed in part and reversed in part
0778142 Christina Robinson v. Madison County Department of Social Services 12/23/2014
Trial court erred in treating appellant’s appeal from the JDR court as withdrawn and terminating appellant’s parental rights to her children as withdrawn where nothing in record indicated that appellant received proper notice of the circuit court hearing date
0917141 Orthopaedic and Spine Center v. Keystone Automotive Industries, Inc., et al. 12/23/2014
Commission erred in finding employer met its burden of proving a contractual relationship that would entitle it to benefit from discounts specified in the contract between appellant and another provider
1369142 RDW Home Improvement, Inc. and Accident Fund Insurance Company v. Justin Wilson 12/23/2014
Commission did not err in awarding benefits to appellee where appellee sustained a compensable injury by accident arising out of his employment
0078144 Marcus Abrams v. Washington Metropolitan Area Transit Authority 12/16/2014
Commission did not err in terminating appellant’s award of temporary total disability benefits where it found that appellee proved that appellant could return to his pre-injury employment
0109141 Carla Bridget Torres-Lara v. Accomack County Department of Social Services 12/16/2014
No error in trial court’s decision terminating appellant’s parental rights to her son where decision was supported by clear and convincing evidence that termination was in child’s best interest
0226132 Eric Christopher McCarter v. Commonwealth of Virginia 12/16/2014
Trial court erred in admitting officer’s testimony regarding daughter’s age into evidence as it was inadmissible hearsay; convictions of contributing to delinquency of a minor reversed and remanded to trial court
0455144 Christina Maxson, s/k/a, etc. v. Stafford County Department of Social Services 12/16/2014
Summary affirmance – no error in trial court’s determination that termination of appellant’s parental rights to her child was in child’s best interests
0652133 Travis Deon Stanley v. Commonwealth of Virginia 12/16/2014
Trial court did not err in denying appellant’s mid-trial motion to examine an empaneled juror who indicated that she knew or recognized a witness in the case; trial court did not err in denying motion for mistrial where nothing in record shows its prior determination of impartiality reached at conclusion of voir dire process was undermined
1274143 Commonwealth of Virginia v. James Gerard Phillips, Jr. 12/16/2014
Trial court erred in granting appellee’s motion to dismiss where there was probable cause to believe the container the appellee attempted to hide and then discard in his vehicle contained a controlled substance
1361134 Donnie Ray Exline, Sr. v. Commonwealth of Virginia 12/16/2014
Trial court did not err in denying appellant’s motion for a mistrial or his motion to set aside the verdict
1390143 A & G Coal Corporation and New Hampshire Insurance Company v. Edward Bright 12/16/2014
Summary affirmance – commission did not err in refusing to leave the record open after the hearing to permit appellants to obtain an independent medical examination of appellee, in finding appellee proved he sustained a work injury by accident, and in concluding appellee proved a mechanical change in his body caused by the accident
1637132 Tyrone L. Harris v. Commonwealth of Virginia 12/16/2014
No error in trial court’s finding that evidence was sufficient to prove victim suffered permanent and significant physical impairment
0362144 Maria D. Seminario v. Fairfax County Public Schools 12/09/2014
Commission did not err in calculating appellant’s average weekly wage for periods of temporary total disability by dividing her salary by 52 weeks instead of the actual number of weeks she worked as a teacher’s aide
0392143 Ann M. Hutchinson v. John E. Hutchinson, III 12/09/2014
Trial court erred in directing appellant to escrow proceeds from property already sold as that requirement was not part of divorce decree or agreement; trial court did not err in refusing to allow either party attorney’s fees and costs
0521142 James Leonard Parsons v. Ann Gallier Parsons 12/09/2014
No error in trial court’s determination of appellant’s income, in its award of spousal support to appellee based on that income, or in its classification of certain real estate parcels as marital property
0548142 Ann Gallier Parsons v. James Leonard Parsons 12/09/2014
Judgment of trial court regarding amount of appellee’s income, amount of award of spousal support to appellant, and its distribution of parties’ marital rental properties affirmed
1151143 Melody Katrice McNeil v. Pulaski County Department of Social Services 12/09/2014
Summary affirmance – no error in trial court’s decision terminating appellant’s parental rights to her son
1501133 James D. Cox, s/k/a James Davis Cox v. Commonwealth of Virginia 12/09/2014
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant possessed a sawed-off shotgun
1684134 LaDawn Shrieves King v. Commonwealth of Virginia 12/09/2014
Petition for Rehearing En Banc granted
0530143 John Victor Dritselis v. Mary Tsakires Dritselis 12/02/2014
Trial court’s order finding appellee proved a change in circumstances and reducing her spousal support obligation to appellant affirmed
0724144 Northern Virginia Training Center/Commonwealth of Virginia v. Cecelia Adomako 12/02/2014
Commission did not err in crediting doctor’s opinion that appellee suffered functional impairment to her right arm as a result of her injury to her shoulder; award of permanent partial disability benefits affirmed
1469133 Lynn Winston Wheeler v. Commonwealth of Virginia 12/02/2014
Trial court did not err in denying appellant’s motion to suppress where officers had probable cause to believe evidence of a crime was in the residence and exigent circumstances justified dispensing with the warrant requirement
1739131 Tremone Minter v. Commonwealth of Virginia 12/02/2014
Trial court erred in denying motion to suppress where officers did not articulate sufficient facts to objectively justify the conclusion that officer had a reasonable suspicion that appellant possessed a concealed weapon at time of seizure
0148142 Veronica L. Graves v. Commonwealth of Virginia 11/25/2014
No error in trial court’s finding that evidence was sufficient to support general district court judge’s finding of contempt of court where appellant appeared in that court to request a restricted driver’s license while appearing to be under the influence of drugs
0641144 G4S Government Solutions, Inc., et al. v. Brenice McDonald 11/25/2014
Commission erred in finding appellee established her injuries arose out of a risk of her employment
0852144 Andy Emami v. Roberta Harlowe 11/25/2014
Summary affirmance – no error in trial court’s classification of former marital residence, appellee’s retirement accounts, or appellee’s credit card debt in final decree
1002144 Commonwealth of Virginia v. Mark Nathaniel Vick, III 11/25/2014
Trial court did not err in granting motion to suppress where the apparent consent to search was invalid because the consent was not voluntarily given
1341144 Loudoun County Public Schools, et al. v. Laurie A. Jackson 11/25/2014
Summary affirmance – no error in commission’s finding that specific medical expenses, including mileage, were causally related to her compensable injury by accident and medically necessary
0264143 Brandon Creasey v. GP Big Island, LLC, et al. 11/18/2014
No error in commission’s order dismissing appellant’s claim for permanent partial disability benefits and denying his claim for temporary total disability benefits
0273143 GP Big Island, LLC, et al. v. Brandon D. Creasey 11/18/2014
No error in commission’s finding that appellee’s injury arose out of his employment due to the connection between the height of the step and appellee’s injury
0585133 Mark O'Hara Wright v. Commonwealth of Virginia 11/18/2014
No error in jury’s finding that evidence was sufficient to support convictions of grand larceny from the person, malicious wounding by means of a caustic substance, assault and battery of police officer, obstruction of justice, petit larceny, and contributing to delinquency of a minor
0851144 Anne-Lise Quinn v. John D. Irons 11/18/2014
Trial court did not abuse its discretion in finding appellant in contempt of court for violating section of marital settlement agreement where she was to retain college savings accounts for two of the minor children
0884142 Rubina Azam, f/h/a Rubina Miah v. Azhar Miah 11/18/2014
Summary affirmance – no error in trial court’s custody and visitation order awarding custody of child to appellee and his parents; trial court did not err in refusing to appoint a guardian ad litem for the child
1531133 Edward Chilton, s/k/a Edward Corndell Chilton v. Commonwealth of Virginia 11/18/2014
Trial court erred in finding evidence was sufficient to support conviction of strangulation where evidence did not prove that application of pressure to victim’s neck resulted in a bodily injury
1626131 Freddie Lee Hall, Jr. v. Commonwealth of Virginia 11/18/2014
No reversible error in trial court’s decision to admit a receipt found in appellant’s vehicle into evidence where receipt was of minimal evidential value and there was an extensive amount of direct and circumstantial evidence linking appellant to victim’s murder and its concealment
2150132 Alkeim Dwaine Howard v. Commonwealth of Virginia 11/18/2014
No error in trial court’s finding that evidence was sufficient to prove appellant intended the natural consequences of his actions and had the specific intent to kill officer at the time he choked him
0252142 Virginia Board of Veterinary Medicine v. Lori D. Leonard 11/12/2014
No error in trial court’s decision to allow appellee’s regulatory interpretation argument; trial court erred in not affording proper deference to appellant’s interpretation of its own regulation; decision of trial court reversed and appellant’s decision reinstated
1083134 Donald Arthur Herrington v. Commonwealth of Virginia 11/12/2014
Trial court did not err in denying appellant’s motion to quash amended indictment, in denying motion to dismiss indictment on speedy trial grounds, in denying motions for mistrial, in granting Commonwealth’s motion for continuance; trial court did not refuse to allow appellant to represent himself; evidence was sufficient to prove an intent to distribute
1169144 Washington Dulles International and Ins. Co. of the State of Pa. v. Atia Elyass 11/12/2014
Summary affirmance – commission did not err in awarding appellee temporary total disability benefits or in finding that appellants failed to establish doctrine of res judicata
1235134 Mirgazy Koroshev v. Commonwealth of Virginia 11/12/2014
Appellant’s conviction of violating a protective order affirmed where trial court did not err in admitting preliminary protective order into evidence or in finding appellant had proper personal service and notice of terms of order; issue regarding court’s response to jury question barred by Rule 5A:18
2285134 Octavila Garcia v. Loudoun County Department of Family Services 11/12/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)
2286134 Octavila Garcia v. Loudoun County Department of Family Services 11/12/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)
0282142 Willetta Blount Holmes v. City of Richmond Department of Social Services 11/04/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of her children or in approving a permanent placement goal of placement with relatives for two of her children
0824142 Catherine Streat Lanier v. Paul Owen Lanier, II 11/04/2014
Summary affirmance – no error in trial court’s order terminating appellee’s spousal support obligation to appellant based on a material change in circumstances
0869143 Scott Lee Hardy v. Charlotte M. Poston 11/04/2014
Summary affirmance – trial court did not err in proceeding on petition for adoption after granting motion to strike on petition for termination of parental rights; no error in trial court’s finding that appellant withheld his consent to adoption of his children by appellee contrary to their best interests
0895144 Paul H. Blalock v. Sherri Sue Blalock 11/04/2014
Summary affirmance – trial court did not err in modifying appellant’s spousal support obligation or in refusing to terminate appellant’s spousal support obligation
2103134 Delores Heffernan, s/k/a Delores O’Brien Heffernan v. Commonwealth of Virginia 11/04/2014
Trial court erred in holding appellant in summary contempt where the conduct occurred outside of the presence of the court and the court’s knowledge of the conduct necessarily depended on statements made by others
2336132 Dewitt L. Flournoy v. Virginia Employment Commission and E. F. Thompson Inc. 11/04/2014
Summary affirmance – trial court did not err in affirming decision finding appellant was disqualified for benefits because he voluntarily left work without good cause
1179143 Scott Feltner v. H & S Holdings, Inc. and Hartford Casualty Ins. Co. 10/28/2014
No error in commission’s finding that appellant failed to prove his accident arose out of his employment
1684134 LaDawn Shrieves King v. Commonwealth of Virginia 10/28/2014
Trial court erred in failing to properly instruct the jury on accident where appellant’s theory of the case was supported by more than a scintilla of evidence; convictions of malicious wounding and use of a firearm in commission of a felony reversed and remanded to trial court
1776131 Robert Joseph Miller v. Commonwealth of Virginia 10/28/2014
Trial court erred in excluding evidence of victim’s blood alcohol content on the night of the accident as not relevant to establish the cause of the accident that resulted in victim’s injuries; conviction of aggravated malicious wounding reversed and remanded to trial court
2209131 Malcom Andrew McClease v. Commonwealth of Virginia 10/28/2014
Appeal dismissed where trial court lacked jurisdiction to enter a second sentencing order, even if the first order contained legal error, as the original order was not void ab initio and the trial court did not vacate the original order until more than twenty-one days has passed
0160142 Sunrise Adult Day Care Center, LLC v. Commonwealth of Virginia, et al. 10/21/2014
Appeal dismissed insofar as it pertains to appeal of August 16, 2013 order where no timely notice of appeal to that order was filed; appeal of November 26, 2013 and December 27, 2013 order summarily affirmed
0278144 Stephen Hersl v. United Airlines, Inc. 10/21/2014
Commission did not err in denying appellant’s claim for benefits where appellant did not establish a causal link between the conditions of his workplace and his injuries
0757143 Crystal Hareford v. Harrisonburg Rockingham Social Services District 10/21/2014
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her son was in child’s best interest
0822141 Commonwealth of Virginia v. Marcus Wayne Dawson, Jr. 10/21/2014
Trial court erred in suppressing evidence because search warrant was supported by adequate probable cause without the facts obtained during unlawful protective sweep; remanded to trial court
1711134 Quyen Vinh Phan Le v. Commonwealth of Virginia 10/21/2014
No error in appellant’s convictions of three counts of possession of child pornography where evidence was sufficient to prove images of child depicted lewd displays of nudity that made them sexually explicit visual material
1783131 Debora Sue Auman v. Commonwealth of Virginia 10/21/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was under the influence of alcohol within the meaning of Code § 18.2-36-.1(A) and that her impairment was a proximate cause of the victim’s death
2171132 Spencer Lee Ford, Jr. v. Commonwealth of Virginia 10/21/2014
Appellant’s argument that he was denied due process due to circuit court clerk’s inability to certify record as complete and accurate waived under Rule 5A:18 where appellant sought no relief from the trial court or this Court to correct perceived errors or omissions in record; evidence sufficient to support conviction of aggravated malicious wounding
0099142 VCU Health System Authority-WC and VCU Health System Authority v. Marsha Booth 10/14/2014
Commission did not err in awarding appellee medical benefits where it found her injuries arose out of her employment as it found the metal strip was defective and caused appellee’s workplace accident and her subsequent injuries
0528142 Amparo Sanchez-Castro v. Arlington County Schools and VML Insurance Programs 10/14/2014
No error in commission’s finding that appellant’s shoulder injury was not compensable because appellant failed to carry her burden of establishing that the injury arose out of her employment
0660143 Donald Dickerson Wright, II v. Michele Smeltzer Wright 10/14/2014
Summary affirmance – appellant’s arguments regarding equitable distribution barred by Rule 1:1; argument regarding sale of certain property barred by Rule 5A:20(e)
1097134 Alfonso Louis Hardy v. Commonwealth of Virginia 10/14/2014
No error in trial court’s finding that appellant’s term of good behavior had not expired and that it had jurisdiction to revoke appellant’s suspended sentence based on his new conviction during the period of good behavior imposed in 2010 order where that order was merely voidable and not subject to collateral attack
1101134 Lonnie Alan Burch v. Commonwealth of Virginia 10/14/2014
Trial court did not err in refusing to instruct jury that appellant was entitled to use self-defense to resist an unlawful arrest where no arrest occurred as appellant was already incarcerated and appellant was not under arrest at the time of the assault
1298134 Moses Ulysess Harris v. Commonwealth of Virginia 10/14/2014
Trial court did not err in denying appellant’s motion to suppress video cassette or in denying appellant’s motion for a continuance; victim’s testimony was sufficient to support convictions of two counts of rape, two counts of carnal knowledge, five counts of taking indecent liberties by a custodian, and one count of manufacturing child pornography
0089142 Richard Ragsdale v. Lunenburg Department of Social Services 10/07/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his two children based on Code § 16.1-283(B
0349141 Smurfit-Stone Container Enterprises, Inc. and RockTenn CP, LLC v. Darrell Jones 10/07/2014
No error in commission’s award of benefits to appellee where evidence supports decision with regard to the medical evidence and commission’s decision regarding appellee’s marketing efforts is supported by credible evidence
0658142 Tomeka Beasley v. Lunenburg Department of Social Services 10/07/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her two children based on Code § 16.1-283(B)
1086144 Medela, Inc. and Arrowood Indemnity Company, etc. v. Kelly Antekeier 10/07/2014
Summary affirmance – no error in commission’s decision finding appellants responsible for certain necessary medical treatment casually related to appellee’s industrial accident
1256132 Carnell Lester Jackson v. Commonwealth of Virginia 10/07/2014
Trial court did not commit manifest error or abuse its discretion in refusing to strike Juror 15 for cause
1654134 Jerson Javier Jara Travezano v. Commonwealth of Virginia 10/07/2014
Trial court did not err in interpreting Code § 16.1-284 to provide trial court with discretion to commit a “delinquent child” to the Department of Juvenile Justice for an indeterminate period or in committing appellant to the Department of Juvenile Justice after he reached the age of 18
2226131 Norman Leo Madison v. Commonwealth of Virginia 10/07/2014
Appellant’s assertion that the Commonwealth’s explanation for striking four African-American members of the venire was a pretext for racial discrimination barred by Rule 5A:18 as it was not raised in the trial court
0276142 Michael Sattelmaier v. Credit Control Services, Inc. and Hartford Underwriters Inc. Co. 09/30/2014
Commission erred in relying solely on doctor’s notes and disregarding appellant’s uncontradicted, unimpeached testimony that his dental treatment was causally related to the work injury
0581142 Maria Angela Cook v. Volvo Fredericksburg, et al. 09/30/2014
Summary affirmance – no error in commission’s finding that appellant failed to prove she developed neutropenia as a compensable consequence of her work accident
1249143 Maria Aguilar v. Harrisonburg Rockingham Social Services District 09/30/2014
No error in trial court’s finding that appellee proved by clear and convincing evidence that the child’s abuse presented a serious and substantial threat to her life, health or development and that it was not reasonably likely that the conditions resulting in such abuse or neglect could be substantially corrected to allow the child’s safe return
2123132 Clifton Lee Harris v. Laura Teresa Harris 09/30/2014
Trial court did not err in dismissing appellant’s complaint to rescind the parties’ post-nuptial agreement where it determined doctrine of res judicata applied as agreement had been incorporated into final decree of divorce which became final 21 days after its entry
2322132 Ronnie Matthew Cousins v. Commonwealth of Virginia 09/30/2014
Evidence was sufficient to prove appellant was the operator of the vehicle and that he used the vehicle without the owner’s consent; appellant’s arguments regarding whether he had knowledge a person was injured and whether he rebutted the presumption that he was driving under the influence barred by Rule 5A:18
0198132 Emmanuel Artis v. Commonwealth of Virginia 09/23/2014
Trial court erred in excluding video recording which was relevant to determine whether Commonwealth’s witnesses were biased against appellant; appellant’s conviction of trespassing reversed and matter remanded to trial court for further proceedings
0412142 Carle Whitehead, Jr. v. MPW Industrial Services, Inc., et al. 09/23/2014
Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider appellant’s arguments
0469141 Amirah Alfarqui v. Newport News Department of Human Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0470141 Amirah Alfarqui v. Newport News Department of Human Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0471141 Amirah Alfarqui v. Newport News Department of Human Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0473141 Amirah Alfarqui v. Newport News Department of Human Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1013143 Patricia Henley v. Bristol Department of Social Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four children
0205132 Cornell McDaniel Branch v. Commonwealth of Virginia 09/16/2014
Decision of trial court not to take case under advisement and defer disposition affirmed where record does not show that trial court ruled it lacked the authority to do so
0431143 Angela M. Gregory v. Pamela S. Martin 09/16/2014
Trial court erred in denying appellant’s motion for visitation and granting appellee’s petition regarding adoption of child without hearing all the evidence; matter remanded to trial court for further proceedings
0897142 The Salvation Army and Chesterfield Services, Inc. v. Veronica Banks 09/16/2014
Summary affirmance – no error in commission’s finding that a YMCA membership, as recommended by appellee’s treating physician, was reasonable, necessary, and causally related to her compensable shoulder injury
0898142 Redeemer Lutheran Church and Brotherhood Mutual Insurance Co. v. Judith Weaver 09/16/2014
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury arising out of her employment
0959144 Virginia Hospital Center and Safety National Casualty Corp. v. Faustine Cooper 09/16/2014
Summary affirmance – no error in commission’s finding that appellee’s recommended surgery was causally related to her compensable injury
2137131 Mattie Mae Woodberry v. Commonwealth of Virginia 09/16/2014
Trial court did not err in denying appellant’s motion to suppress search of appellant’s vehicle where police were justified in searching both passenger compartment and trunk; argument regarding her statement to officer waived under Rule 5A:18
2141134 Janice Wolk Grenadier v. David Mark Grenadier 09/16/2014
No error in trial court’s denial of appellant’s motions pursuant to Rule 1:1
2301132 Associated Aluminum Products and et al. v. Silvestre Elvira-Menez, et al. 09/16/2014
No error in commission’s finding that appellee’s injury arose out of his employment or its finding that appellant was appellee’s statutory employer; award of benefits affirmed
0222144 Kristin L. Burns v. Kenneth W. Sullivan 09/09/2014
Summary affirmance – order of trial court confirming legal and physical custody of children continues with appellee and denying visitation to appellant affirmed
0282142 Willetta Blount Holmes v. City of Richmond Department of Social Services 09/09/2014
Summary affirmance – termination of appellant’s parental rights to her children and decision approving a permanent goal of placement with relatives for her children affirmed where appellant failed to timely file a transcript or statement of facts and one is needed to determine issues raised on appeal
0811143 Rockingham Memorial Hospital, etc. v. Mary Beth Bailey 09/09/2014
Summary affirmance – no error in commission’s finding that appellee’s current condition and surgery were reasonable, necessary, and causally related to her prior work accident
1463134 Xin Li v. Town of Herndon 09/09/2014
No error in trial court’s finding that appellant was an “operator” of the massage establishment based upon her admission that she was the manager
1705132 Brian Lamont Moore v. Commonwealth of Virginia 09/09/2014
No error in trial court’s finding that evidence was sufficient to prove appellant forged the check, uttered the forged check, and deprived the owner of property valued in excess of the statutory minimum
2405131 Shannon Hough v. Mathews Department of Social Services 09/09/2014
Summary affirmance – order terminating appellant’s parental rights to her son affirmed
0551142 Arleequa McKie v. Richmond Department of Social Services 09/02/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
2105132 Basil Jabbaar Neblett v. Commonwealth of Virginia 09/02/2014
No error in trial court’s finding that evidence was sufficient to prove fair market value of stolen cell phone met or exceeded threshold requirement for grand larceny
2259131 Bruce Edward Cahill v. Maureen A. Cahill 09/02/2014
Trial court did not abuse its discretion in awarding appellee $22,540.88 for her attorney’s fees and costs incurred on prior appeals and on remand
0410141 Daniel F. Broadhurst 810-11566, et al. v. Daniel Broadhurst 08/26/2014
Summary affirmance – no error in commission’s decision amending the average weekly wage of appellee
1338131 Dainna Lynn Kemp v. Commonwealth of Virginia 08/26/2014
Trial court erred in finding evidence sufficient to prove a conviction of child neglect where evidence did not prove the filthy conditions of house demonstrated a reckless disregard for human life or that child was subjected to a substantial risk of serious injury or death; conviction reversed and indictment dismissed
1667131 Tyrone Parker v. Commonwealth of Virginia 08/26/2014
Trial court did not err in denying appellant’s motion to suppress where totality of circumstances demonstrates encounter was consensual until officer learned appellant had possession of a bicycle reported stolen and arrested appellant
1943131 Commonwealth of Virginia v. Anthony Newsome 08/26/2014
Trial court erred in running one year of sentence imposed for possession of a firearm while possessing with the intent to sell more than one pound of marijuana concurrently with the sentence imposed for possession of a firearm by a nonviolent convicted felon; matter remanded to trial court for resentencing
0051142 Frederick W. Plaisted v. Kimberly F. Plaisted 08/19/2014
Trial court erred in ordering appellant to transfer a one percent interest in his membership interest in a commercial real estate partnership to appellee; remainder of judgment affirmed; remanded to trial court for further proceesings
0562134 Storme Gary Swann, a/k/a, etc. v. Commonweatlh of Virginia 08/19/2014
Trial court erred in allowing officer to testify as to the content of the anonymous tip he received from Crime Solvers
1358132 Jessica Johnson v. Commonwealth of Virginia 08/19/2014
No error in trial court’s finding that evidence was sufficient to prove a breaking and entering occurred, that the larceny occurred simultaneously with the breaking, and that appellant’s unexplained possession of recently stolen property gave rise to inference that she was guilty of breaking and entering and grand larceny
1666132 Codarrell Lee Yates v. Commonwealth of Virginia 08/19/2014
No error in trial court’s finding that appellant’s unexplained possession of recently stolen property gave rise to inference that he was guilty of breaking and entering and grand larceny
2108133 James C. Caldwell v. Angela H. Caldwell 08/19/2014
Trial court did not err in its interpretation of parties’ post-separation agreement or in finding appellant breached his obligations under the health insurance provisions section of the agreement
0069142 Chesterfield County Public Schools v. Laura A. Patrick 08/12/2014
Decision of commission affirmed as appellant was not denied due process by the commission’s decision to award temporary partial disability benefits to appellee
0615143 Rockingham Memorial Hospital, et al. v. Maureen Norris 08/12/2014
Summary affirmance - no error in commission’s finding that appellee suffered compensable injuries arising out of her employment and that her care was authorized treatment
1795131 Raijai Riddick, s/k/a Rajai Riddick v. Commonwealth of Virginia 08/12/2014
Trial court erred in holding that evidence was sufficient to convict appellant of child neglect under Code § 18.2-371.1(B)(1)
2289132 Target Corporation and Sedgwick Claims Management v. Amira A. Hussein 08/12/2014
Commission did not err in awarding appellee additional medical benefits related to her work injury
0405132 Carlson Bryant Folly v. Commonwealth of Virginia 08/05/2014
Trial court did not err in denying appellant’s motion to suppress where officer had a reasonable suspicion based on totality of circumstances known to him at time of stop that appellant was or was about to be engaged in criminal activity; evidence was sufficient to prove that appellant intended to possess cocaine and distribute it to others
2060131 Bayard Bryon Campbell v. Laura Pendleton Campbell 08/05/2014
Judgments of trial court pertaining to spousal support and equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings
0576141 Lori Dennis v. York-Poquoson Department of Social Services 07/29/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children and approving the foster care plans with the goal of adoption
1363131 Phillip David Yaconis v. Commonwealth of Virginia 07/29/2014
No error in appellant’s convictions of statutory burglary, petit larceny, and larceny with intent to sell where evidence proved that home appellant broke into was a dwelling house, that appellant entered house with intent to commit larceny; trial court did not err in excluding any evidence that house had been condemned and in imposing post-release supervision
1466131 Jacobi Frazier v. Commonwealth of Virginia 07/29/2014
Trial court did not err in denying appellant’s motion to suppress where trial court concluded that probable cause supported appellant’s arrest and any search incident to that arrest was proper
1977131 Stephanie Wallace v. Commonwealth of Virginia 07/29/2014
Trial court did not err in finding evidence was sufficient to prove appellant intended to distribute the marijuana in her vehicle
2092132 Laura McGhee v. Henrico Department of Social Services 07/29/2014
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children under Code § 16.1-283(C)(2) or in entering permanency planning orders with goal of adoption
2093132 Charles McGhee v. Henrico Department of Social Services 07/29/2014
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children under Code § 16.1-283(C)(2)
0418144 Commonwealth of Virginia v. Charles Albert Massey, III 07/25/2014
Appeal dismissed where statute allowing Commonwealth a limited right of appeal does not encompass appeals from evidence excluded under the Rules of Evidence
0206142 Velma Shante Chambers Ayres v. Cumberland County Department of Social Services 07/22/2014
Summary affirmance – no error in trial court’s finding that evidence was sufficient to find termination of appellant’s parental rights to her child was in child’s best interests
0598142 Rhiannon Williams v. Charlottesville Department of Social Services 07/22/2014
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove that appellant abused or neglected her child
1544131 Antonio Freeman v. Commonwealth of Virginia 07/22/2014
No error in trial court’s finding that evidence was sufficient to prove appellant stole the DVDs and that the value of the stolen goods exceeded $200
1558131 Carlton Lee Watkins v. Commonwealth of Virginia 07/22/2014
Trial court erred under best evidence rule by admitting into evidence witness’ testimony regarding price of stolen jeans where Commonwealth did not produce either tags or an explanation as to why tags were not available
1625131 Gary Ray Sugg v. Commonwealth of Virginia 07/22/2014
No error in trial court’s finding that it lacked jurisdiction to consider appellant’s motion to set aside the verdict as more than twenty-one days had passed since entry of the final sentencing order
0106144 Ricardo Esteban Astudillo v. Fairfax County Department of Family Services 07/15/2014
Summary affirmance – trial court’s termination of appellant’s parental rights affirmed where appellant did not challenge one of the subsections under which his rights were terminated which forecloses need to consider termination under alternative subsections
0119131 Cameron Paul Crockett v. Commonwealth of Virginia 07/15/2014
Trial court did not err in denying appellant’s motions for a new trial based on after-discovered evidence or in finding appellant failed to make a prima facie case of purposeful discrimination in the jury selection process
0336143 Kenneth Sturgill v. Wise County Department of Social Services 07/08/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
0671131 Jonathan Keyes v. Commonwealth of Virginia 07/08/2014
No error in trial court’s finding that evidence was sufficient to prove a detention of the victim and that appellant acted without legal justification when he denied the police entry
1604131 Jamie Montez-Ellis Nunnally v. Commonwealth of Virginia 07/08/2014
No error in trial court’s finding that evidence was sufficient to conclude appellant conspired to intimidate the victim of a burglary to prevent her from testifying
1408131 Jason Lamont Trusty, s/k/a Jason Trusty, Sr. v. Commonwealth of Virginia 07/01/2014
No error in trial court’s finding that evidence was sufficient to prove appellant resided in the bedroom where the drugs and firearm were found
2030134 Sebastian Mauro Cerda, etc. v. Fairfax County Department of Family Services 07/01/2014
No error in trial court’s finding that termination of appellant’s parental rights to his two children was in their best interest
2055134 Kathleen Mary Fabian-Cerda, etc. v. Fairfax County Department of Family Services 07/01/2014
No error in trial court’s finding that termination of appellant’s parental rights to her two children was in their best interest
0323142 Food Lion, LLC Delhaize America, Inc. v. Timothy Gorde 06/24/2014
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury arising out of his employment and was entitled to lifetime medical benefits and temporary total disability benefits
0434143 Lowe's Home Companies, Inc. and Sedgwick Claimant's Management Services, Inc v. Ronald R. Landes 06/24/2014
Summary affirmance – no error in commission’s finding that appellee suffered compensable injuries arising out of his employment and the injury to his knee materially aggravated a pre-existing condition
1575134 Dre Martina Roberts v. County of Loudoun 06/24/2014
No error in trial court’s finding that evidence was sufficient to prove appellant hindered the deputy in the performance or discharge of his duties
1675131 Stephon Jermain Turner v. Commonwealth of Virginia 06/24/2014
No error in trial court’s finding that appellant was aware of the nature and character of the firearms and that they were subject to his dominion and control, either individually or jointly
0003144 Republic Airways Holdings, Inc. and Chubb Indemnity Insurance Company v. Cynthia Miller 06/17/2014
Commission did not err in finding appellee suffered a compensable injury where evidence supports its finding that a slippery surface on the escalator caused appellee to fall
0132142 Commonwealth of Virginia v. Kevin Anthony Rosser 06/17/2014
Trial court did not err in granting motion to suppress where officer did not have reasonable, articulable suspicion to initiate an investigatory stop
2102134 Delores O’Brien Heffernan v. Arlington County Department of Human Services 06/17/2014
Trial court did not err in modifying the existing no contact order between appellant and her granddaughter which further restricted appellant’s access to her granddaughter
2282132 Marvin Marable v. Stafford Detention Center/ Commonwealth of Virginia 06/17/2014
Summary affirmance – commission did not err in refusing to award appellant temporary total disability benefits, wages, and lifetime medical benefits where it found appellant did not prove by a preponderance of the evidence that the injuries were causally related to his workplace accident
1748134 Shawnda I. Rush v. Commonwealth of Virginia 06/10/2014
Appellant’s argument that trial court violated her due process rights by appointing the GAL as a special prosecutor is barred by Rule 5A:18; evidence was sufficient to support appellant’s conviction of criminal contempt
2038131 Keith A. Kidd v. Gwendolyn R. Kidd 06/10/2014
Trial court did not err in finding appellant did not prove adultery, in fashioning the equitable distribution and spousal support awards, or in awarding appellee attorney’s fees; we are unable to consider challenge to exclusion of witness testimony where record does not contain a proper proffer of the alleged testimony
2100122 Katherine S. Murray v. Kelly A. Sensabaugh and B. Lee Sensabaugh 06/10/2014
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s visitation with her child was in child’s best interests
2101122 Katherine S. Murray v. Kelly A. Sensabaugh and B. Lee Sensabaugh 06/10/2014
As order appealed from is not a final appealable order or an interlocutory order adjudicating the principles of the cause, this Court is without jurisdiction to entertain the appeal and it is dismissed
2376134 Trevor D. Williams v. Virginia Employment Commission and Manpower International 06/10/2014
Summary affirmance – trial court did not err in affirming decision that appellant was disqualified from receiving unemployment benefits because he was discharged for misconduct in connection with his work
0080143 Sylvester Lee v. Dynax America Corporation, et al. 06/03/2014
Summary affirmance – commission did not err in denying appellant’s claim for benefits
0159143 Tamea Franco Woodward v. Robert Wayne Woodward, Jr. 06/03/2014
Summary affirmance – no error in trial court’s finding that post-nuptial agreement was not unconscionable; final decree of divorce affirmed
0177141 Sandra Dellairo, Widow of Natan Dellairo, Deceased v. Rountree Construction Company, Inc., et al. 06/03/2014
Summary affirmance – commission did not err in denying appellant death benefits following the death of her husband where appellant failed to meet her burden of proof by establishing a causal connection between the cervical epidural injection and her husband’s death
0250141 Milton Brown v. BFI Waste Services, LLC, and American Zurich Insurance Company 06/03/2014
Summary affirmance – commission did not err in denying appellant’s request for sanctions to include fees, penalties, and costs against appellees
0974133 Jonathan Collins v. Commonwealth of Virginia 06/03/2014
Trial court erred in finding Commonwealth proved venue where evidence did not prove appellant stole or ever possessed the stolen tools in Pittsylvania County
1417134 Yong Hugh v. Hyesun Hugh 06/03/2014
Trial court erred in refusing to value and distribute parties’ business and in classifying two post-separation lines of credit advances taken by appellant as marital; trial court did not err in ordering appellant to return certain personal property to appellee and in ordering appellant to pay a portion of appellee’s expert’s fee
1438134 Hyesun Hugh v. Yong Hugh 06/03/2014
Trial court erred in refusing to value and distribute parties’ business and in classifying two post-separation lines of credit advances taken by appellant as marital
1561133 Virginia Department of Corrections v. Tammy M. Hayden 06/03/2014
Trial court erred in reversing hearing officer’s decision terminating appellee’s employment; trial court reversed and final judgment entered reinstating hearing officer’s decision
1679133 Richard Yowell v. Royal Import, Inc. and Uninsured Employer’s Fund 06/03/2014
Commission did not err in denying appellant’s claim where appellant failed to meet his burden of proving a compensable injury
1945132 Thomas Ervin Barrett, Jr. v. Dominion Resources Services, et al. 06/03/2014
No error in commission’s denial of benefits where facts did not show a causal connection between any condition of appellant’s workplace and his injury
2027133 J. C. McCoy, Jr. v. Tiffany Danielle Kiser McCoy 06/03/2014
Summary affirmance – appellant’s arguments do not merit our consideration under the ends of justice exception; trial court’s orders denying spousal support and regarding equitable distribution affirmed
2158133 William R. Jernigan, Jr. v. Steven Goff and Angela Goff 06/03/2014
Trial court did not abuse its discretion in denying appellant’s motion for a continuance to subpoena witnesses; order finding appellant’s consent to adoption of his child withheld contrary to best interest of child affirmed
2215131 Cynthia Gayle Smith v. Michael Keith Smith, Sr. 06/03/2014
Summary affirmance – appellant failed to file a transcript or written statement of facts and Court finds that a transcript or written statement of facts is indispensable to determination of assignments of error raised on appeal
2280134 Sergio Gutierrez-lazo v. Coburn & Clay Building Development Corporation, et al. 06/03/2014
Commission did not err in denying appellant benefits where appellant violated a known safety rule by placing his hand too close to a moving saw blade
2334131 Lori D. Burchette v. Anthony Curtis Burchette 06/03/2014
Summary affirmance – final decree of divorce affirmed
0098144 Deborah J. Baker v. WalMart Associates, Inc., et al. 05/27/2014
Summary affirmance – no error in commission’s finding that appellant’s condition was a consequence of a compensable consequence and not compensable
0176143 Colonial Beach Public Schools, et al. v. Beverly E. Horner 05/27/2014
Summary affirmance – no error in commission’s finding that appellee was entitled to benefits based on a fall arising out of her employment
1104131 William H. Cradle, s/k/a William Henry Cradle v. Commonwealth of Virginia 05/27/2014
No error in trial court’s denial of appellant’s motion to set aside verdict for inconsistency where trial court sufficiently explained its ruling and did not issue inconsistent verdicts
1254121 Alfred Gilliam, Jr. v. Commonwealth of Virginia 05/27/2014
Upon a Rehearing – trial court erred in admitting inadmissible hearsay as to cost of repairs to house; matter remanded to trial court for a new trial if Commonwealth be so advised
1372133 Lorrie Arrington Padgett v. Commonwealth of Virginia 05/27/2014
Trial court did not err in finding appellant maintained a supervisory or custodial relationship over victim when two engaged in sexual relations; conviction of taking indecent liberties with a child by a person in a custodial or supervisory relationship affirmed
1404132 Robert Ray Crouch v. Commonwealth of Virginia 05/27/2014
Trial court erred in denying appellant’s motion to strike where evidence did not prove that appellant took property belonging to another; convictions of obtaining money by false pretenses reversed and indictments dismissed
1467132 Susan Engelbrecht v. Clyde Davenport 05/27/2014
Summary affirmance – a transcript of written statement of facts is indispensable to issues of child custody and visitation and record contains neither; appellant failed to comply with Rule 5A:25 and Rule 5A:20 and as that failure is significant, Court will not consider her arguments raised on appeal
1499133 David A. Shaver v. Department of State/Commonwealth of Virginia 05/27/2014
Commission did not err in denying appellant wage loss benefits during his period of total temporary disability where appellant had voluntarily retired and suffered no wage loss resulting from his occupational disease
1961133 Brenda Lee Bowman v. Robert Ray Bowman 05/27/2014
Summary affirmance – appellant’s argument regarding spousal support barred by Rule 5A:18; arguments regarding award of marital residence to appellee and trial court’s adoption of list of personal property prepared by appellee not considered due to appellant’s significant failure to comply with Rule 5A:20(e)
2157133 Arthur M. Lipscomb v. City of Lynchburg 05/27/2014
No error in commission’s findings that the Code § 65.2-402 presumption did not apply and that appellant was not entitled to an award of medical benefits
2179124 John Christopher Reynolds v. Commonwealth of Virginia 05/27/2014
Trial court did not err in denying appellant’s motion to suppress evidence obtained from a GPS unit or from cell-site data court orders
2319121 Tramone Antonio Johnson v. Commonwealth of Virginia 05/27/2014
No error in trial court’s finding that evidence was sufficient to prove appellant intended to permanently maim, disfigure, disable or kill victim and that he attempted to rob victim; trial court did not err in denying motion to set aside verdict based on Commonwealth’s failure to disclose exculpatory evidence
2377134 Arjun Nowlakha v. Petra Ann Nowlakha 05/27/2014
Summary affirmance – trial court did not err in awarding appellee spousal support where it determined that denying appellee the award would create a manifest injustice
2384133 The Pittston Company v. Franklin Calo 05/27/2014
Summary affirmance – no error in commission’s award of temporary total disability benefits for one day
0008141 The Uninsured Employer’s Fund v. Laquita Edna Opperman and Vicky Little t/a Little Cleaner 05/20/2014
Summary affirmance – no error in commission’s finding that claimant remains disabled from her October 31, 2008 work accident
0041144 Eton A. Thomas v. LSG Sky Chefs Deutsche Lufthansa and Liberty Insurance Corporation 05/20/2014
Summary affirmance – commission did not err in dismissing appellant’s request for review of deputy commissioner’s decision as it was not timely filed
0304134 William L. Ballard v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that injuries victim suffered were permanent and significant; conviction of aggravated malicious wounding affirmed
0555133 Justin Metro Arehart v. Commonwealth of Virginia 05/20/2014
No reversible error in trial court’s exclusion of evidence regarding incidents of prior violent conduct of victim to establish victim’s character for turbulence and violence as appellant was not repelling any act of violence directed at appellant or another
0758131 Antonio Bobby Wright v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that appellant possessed a firearm in the same time frame as he possessed marijuana with the intent to distribute it
1040132 Darryl Lamont Hawkins v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that evidence was sufficient to prove appellant possessed and manufactured the marijuana with the intent to distribute it
1201131 Dax Juaquin Maness v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that evidence was sufficient to establish that appellant’s behavior satisfied the statutory definition of obscenity
1295133 Rita Fay Darby v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that evidence was sufficient to prove appellant wrongfully acquired, possessed, and misused a credit card in her ex-husband’s name without his knowledge or consent
1354134 Navin K. Sitoula v. Suruchi Sitoula 05/20/2014
Summary affirmance – trial court did not err in awarding child and spousal support, in calculating appellant’s gross income, or in awarding attorney’s fees to appellee
1628133 Carissa Michelle Johns v. Charles Edward Johns 05/20/2014
Summary affirmance – trial court did not err in denying appellant’s request for continued spousal support
2127134 Rene Chavez v. Arlington County Department of Human Services 05/20/2014
No error in trial court’s finding that evidence was sufficient to prove appellant abused his girlfriend’s child
2320133 Bienvenido Tejada v. Cargill Meat Solution Corporation, et al. 05/20/2014
Summary affirmance – appellant’s argument that commission erred by denying appellant effective cross-examination of witnesses’ testimony because it was not translated from Spanish to English barred by Rule 5A:18
2321131 Sherri Holyfield v. Sentra Healthcare and Sentra Healthcare, Inc. 05/20/2014
Commission did not err in finding appellant failed to carry her burden of establishing a permanent partial disability existed or developed within the limitations period
0177131 Keith Daniel Carter v. Commonwealth of Virginia 05/13/2014
No error in trial court’s finding that evidence was sufficient to prove that appellant intentionally and knowingly sold counterfeit jerseys bearing registered marks of several professional sports organizations without their permission
0482131 Christian Eugene Robbins v. Commonwealth of Virginia 05/13/2014
No error in trial court’s holding that Code § 18.2-266 defines one offense of driving under the influence and the subsections set forth the means by which the offense may be proved
0569132 Jacob Javay Ruff, a/k/a Jacob Jarvaya Ruff v. Commonwealth of Virginia 05/13/2014
Trial court did not err in finding evidence sufficient to prove appellant had the intent to cause the involuntary termination of victim’s pregnancy and that he acted with malice; appellant’s argument that Code § 18.2-51.2(B) is inapplicable to male assailants barred by Rule 5A:18
0625131 Jerome Clay Calfee v. Commonwealth of Virginia 05/13/2014
No error in trial court’s finding that evidence was sufficient to prove grand larceny where court could infer appellant intended to steal all the items in shopping cart, not just items he had put in bags
1411133 Ethan Aubrey Bliss v. Commonwealth of Virginia 05/13/2014
No error in trial court’s finding that appellant knowingly possessed child pornography; trial court did not err in revoking appellant’s unrelated suspended sentences based on new conviction
1439132 Correctional Administration/Commonwealth of Virginia v. Charles G. Grubbs 05/13/2014
Commission erred in finding appellee’s accident arose out of his employment where his fall was unexplained
2303133 Corine Hileman v. Boddie Noell Enterprises and Boddie Noell Enterprises, Inc. 05/13/2014
Summary affirmance – no error in commission’s finding that appellant failed to prove her right ankle injury was causally related to her September 1, 2010 work accident
2430134 Greyhound Lines, Inc. and Ace American Insurance Company v. Phillip Redfearn 05/13/2014
Summary affirmance – no error in commission’s finding that appellee’s current disability is causally related to his compensable injury by accident
0247134 Abdul Karim Jalloh v. Commonwealth of Virginia 05/06/2014
Trial court did not abuse its discretion in refusing appellant’s proposed jury instruction addressing the abandonment of property as it was not supported by more than a scintilla of the evidence
0828131 Tyree Lamont Moore v. Commonwealth of Virginia 05/06/2014
No error in trial court’s finding that evidence was sufficient to prove a bodily injury under Code § 18.2-51.6; appeal of revocation of appellant’s suspended sentences moot where evidence was sufficient to support underlying strangulation conviction
0941132 Dayman Aaron Carter v. Commonwealth of Virginia 05/06/2014
No error in trial court’s finding that appellant violated the terms and conditions of his supervised probation; trial court did not err in imposing the entirety of appellant’s previously suspended sentence
1378132 Laura Ann Weedon v. David E. Weedon 05/06/2014
Judgment of trial court awarding appellee personal judgment against appellant affirmed in part, dismissed in part, and reversed and remanded to trial court in part
1841132 Roger W. Moschler v. Kenco Group/Glaxo Smith Kline, et al. 05/06/2014
Summary affirmance - commission properly determined that it did not have jurisdiction over the case where there was no timely request for review or allegation of fraud or mutual mistake in prior settlement agreement
1997134 Husain R. Khan v. Rasia Khan 05/06/2014
Summary affirmance – no error in trial court’s order regarding modification of support and the division of retirement
2176133 Otis Lee Douglas, Sr. v. Lynchburg Department of Social Services 05/06/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his three children
2257134 Corneilius Jerome Johnson, etc. v. Fairfax County Department of Family Services 05/06/2014
Summary affirmance – as appellant failed to challenge termination of his parental rights under Code § 16.1-283(B), the issue of whether termination under Code § 16.1-283(C) was warranted is rendered moot
0240134 Joshua Brent McClary v. Commonwealth of Virginia 04/29/2014
Trial court did not err in relying on appellant’s conviction for violating Code § 18.2-361 to revoke part of appellant’s suspended sentences
0795132 Christopher E. Cottrell v. Commonwealth of Virginia 04/29/2014
Trial court did not err in refusing to strike felony portion of charge of assault and battery of correctional officer where evidence proved victim was a correctional officer within meaning of statute; issue regarding motion for joinder barred by Rule 5A:18
0818132 Tyvone Freeman, s/k/a Tyvone O. Freeman v. Commonwealth of Virginia 04/29/2014
Appellant’s convictions of abduction affirmed where appellant went beyond minimum detention necessary to either rob or attempt to rob two victims he seized from their offices and forced at gunpoint to reassemble with other intended victims
1137131 De'ante Lavon Johnson v. Commonwealth of Virginia 04/29/2014
Evidence sufficient to support breaking and entering and grand larceny convictions for one victim; evidence insufficient to support two additional breaking and entering and grand larceny convictions; probation revocation matter remanded to trial court for reconsideration
1205134 Alysa N. Youngson v. Christopher E. Brautigam 04/29/2014
Summary affirmance – trial court’s order denying/dismissing appellant’s bill of review affirmed
1289133 Lewis-Gale Medical Center, LLC v. Cynthia C. Romero, M.D., State Health Commissioner, etc. 04/29/2014
No error in trial court’s affirmance of appellee’s denial of appellant’s application for a certificate of public need
1915134 Doneice Redd v. Loudoun County Department of Family Services 04/29/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1991134 Doneice Redd v. Loudoun County Department of Family Services 04/29/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0520131 Valerie Yvonne Lewis v. Commonwealth of Virginia 04/22/2014
Appellant did not preserve the issues presented on appeal and the ends of justice exception does not apply; Court will not address merits of appellant’s appeal
1090134 Thomas Sunghan Kim v. Commonwealth of Virginia 04/22/2014
Trial court did not err in convicting appellant of unlawfully throwing or shooting a missile into an occupied dwelling; evidence was sufficient to satisfy the statutory peril requirement in Code § 18.2-279; trial court was entitled to find that appellant’s slingshot was a weapon
1462133 Dawn News Rush v. Jeffrey Clay Carico 04/22/2014
Summary affirmance – trial court did not err in concluding that there was no material change in circumstances that warranted a change in custody; other issue raised on appeal procedurally barred
1897122 The Chesapeake Bay Foundation, Inc., et al. v. Commonwealth of Virginia, etc., et al. 04/22/2014
Judgment of trial court affirmed without a controlling opinion
2196133 Carol Burke, etc. v. Dickenson-Russell Coal Company, LLC, et al. 04/22/2014
Summary affirmance – commission did not err in finding that the evidence failed to prove by a preponderance of the evidence that Michael Burke suffered from the occupational disease of coal workers’ pneumoconiosis
0275132 Edward James Davis, Jr. v. Commonwealth of Virginia 04/15/2014
Trial court did not err in finding evidence was sufficient to prove appellant had sexual intercourse with the victim through the use of force and intimidation
0463131 Travis Lanarda Bailey v. Commonwealth of Virginia 04/15/2014
Trial court did not err in denying motion to suppress where evidence did not prove appellant’s free will was overborne and this consent to search was therefore valid; evidence sufficient to prove weapon appellant possessed was a firearm within meaning of statute
1605122 Joseph William Greene v. Commonwealth of Virginia 04/15/2014
Court finds appellant’s asserted error waived where it was not part of the assignment of error in the petition for appeal or on brief
1683134 Xochitl Gomez v. Loudoun County Department of Family Services 04/15/2014
Summary affirmance – trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to her child
2115133 Joshua Sexton v. Dickenson County Department of Social Services 04/15/2014
Summary affirmance – trial court did not err in finding evidence clear and convincing to prove appellant unwilling or unable to substantially remedy conditions leading to placement of children in foster care, that additional six months would not change situation, and that termination was in children’s best interest
0730132 Allen Wade Briggs v. Commonwealth of Virginia 04/08/2014
No error in trial court’s finding that evidence was sufficient to prove appellant embezzled money from his employer
0961132 Kimberly Rene Abbitt v. Commonwealth of Virginia 04/08/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of attempted larceny by false pretenses
1231132 Earl Don Manning, Jr v. Commonwealth of Virginia 04/08/2014
Trial court erred in finding evidence was sufficient to prove appellant had the intent to defile when he abducted victim; conviction vacated and matter remanded to trial court
1935133 Eddie R. Cantor v. Westmoreland Coal Company, et al. 04/08/2014
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1986134 Dr. Yvoune Kara Petrie, D.C. v. Virginia Board of Medicine 04/08/2014
Summary affirmance – trial court did not err in upholding appellee’s decision that appellant violated certain laws governing the practice of chiropractic
2007131 Candace O’Reilly v. Norfolk Department of Human Services 04/08/2014
Summary affirmance – appellant’s failure to challenge terminations under Code § 16.1-283(B) renders moot her challenge to terminations under Code § 16.1-283(C)(2)
0353131 Malcom J. Brown v. Commonwealth of Virginia 04/01/2014
Trial court did not err in finding evidence sufficient to prove handgun recovered was a firearm within meaning of statute and that appellant exercised dominion and control over it
0612131 Arnold Roscoe Walker v. Commonwealth of Virginia 04/01/2014
No error in trial court’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant knew the check he presented had been materially altered, he presented the check as good, and succeeded in cashing the check
0711134 Juan Lozano-Bolanos v. Commonwealth of Virginia 04/01/2014
No error in trial court’s finding that evidence was sufficient to prove appellant’s actions demonstrated an intent to restrict victim’s personal liberty; conviction of abduction affirmed
0809132 Candice Sullivan v. Fredericksburg Department of Social Services 04/01/2014
Trial court did not err in terminating appellant’s parental rights to her children where evidence proved appellant, without good cause, had been unwilling or unable to remedy conditions during period she was offered services and termination was in children’s best interest
0917131 James Lamont Ballard v. Commonwealth of Virginia 04/01/2014
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to search appellant’s person; sentence for possession of marijuana conviction vacated and remanded to trial court for resentencing pursuant to Code § 18.2-250.1, first offense
1050131 Wesley Darren Walker v. Commonwealth of Virginia 04/01/2014
No error in trial court’s finding that appellant’s trial and conviction for possession of a firearm by a non-violent felon not barred by collateral estoppel where appellant did not prove that the jury in a previous trial necessarily found he did not possess the firearm
1204134 Brian K. Brake v. Kimberly R. Brake 04/01/2014
No error in trial court’s determination of value of appellant’s interest in law firm or in its determination of how appellant could satisfy the equitable distribution award
1817133 Jorge Juan Nieto Cano v. Jessica Brooke Davidson 04/01/2014
Summary affirmance – no error in final decree of divorce finding amount of separate equity appellant had in marital home, dividing marital property 50/50, and denying appellant spousal support
2061133 Aaron Keith Lester v. Richard Allen Lester and Linda Carol Lester 04/01/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving petition for adoption where it found appellant withheld his consent contrary to best interests of child
2121121 Kyle Wayne Greco v. Commonwealth of Virginia 04/01/2014
Trial court did not err in relying on appellant’s two prior convictions of driving under the influence where appellant failed to rebut presumption of regularity
2273131 Mastercorp, Inc. and American Zurich Insurance Company v. Rosa Ramirez 04/01/2014
Summary affirmance – no error in commission’s finding that appellants are responsible for the appellee’s carpal and ulnar tunnel release surgery
2302134 Walter P. Pheasant v. Chesterfield County 04/01/2014
Summary affirmance – no error in commission’s finding that appellant’s work environment did not contribute to his work injury and his injury did not arise out of his employment
0050134 Rene Martinez Romero v. Commonwealth of Virginia 03/25/2014
Appellant’s conviction of rape affirmed where Court finds no merit in appellant’s sufficiency of evidence challenge, objection to jurisdiction and venue, Brady arguments, or request for an evidentiary hearing on possible juror misconduct
0587134 Brett A. Peck v. Leila Peck 03/25/2014
No error in trial court’s equitable distribution award in computing increase in value of townhouse development, awarding appellee half of the post-separation increase in value of townhouse development, ruling appellee’s book of business was separate property, and properly considered tax consequences in award
0677132 Joseph S. Spencer v. Commonwealth of Virginia 03/25/2014
Trial court did not err in refusing to allow defense counsel to cross-examine a cooperating witness for the Commonwealth on the statutory minimum sentence he was avoiding by testifying for the Commonwealth where counsel substantially and fairly exercised his right to cross-examine witness on his possible bias or motive to lie
1051132 Jarvon Lavell Walker v. Commonwealth of Virginia 03/25/2014
Trial court did not abuse its discretion in denying appellant’s motion to sever the charges against him where proof of a common plan provided the basis for trying the four offenses together
1321132 Jeffrey Holloway v. Commonwealth of Virginia 03/25/2014
Trial court did not err in finding evidence was sufficient to prove appellant’s intent to defraud where appellant could not account for all the funds he was paid by the victims
1613123 Anthony Wayne Dellinger v. Commonwealth of Virginia 03/25/2014
Trial court did not err in refusing to allow into evidence a transcript of victim’s preliminary hearing testimony, in refusing to allow evidence of victim’s prior sexual involvement with other men while she was involved with the appellant, or in allowing the Commonwealth to introduce text messages sent to appellant by a third party
1865124 Richard Calvin Harris v. Commonwealth of Virginia 03/25/2014
No error in appellant’s conviction of driving under the influence, third offense within five years, where jury had evidence before it to infer that appellant’s blood alcohol content at the time he was driving was higher than the 0.08 level at which he tested several hours later
0475133 Traci Lynn Gunnell v. Commonwealth of Virginia 03/18/2014
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest appellant for driving under the influence; appeal of conditional guilty pleas to two misdemeanors dismissed
0946133 Tramaine Jerome Richardson v. Commonwealth of Virginia 03/18/2014
Trial court did not err in denying appellant’s motion to suppress where evidence established a reasonable, articulable suspicion that appellant was operating his vehicle in violation of Code § 46.2-1054; appeal of conditional guilty plea to misdemeanor dismissed where statute governing conditional guilty pleas does not extend to misdemeanor convictions
1007132 Howard Brothers, Inc. and Allied Insurance Company v. Otha Allen Howard 03/18/2014
No error in commission’s findings that appellee’s request for a home health aide falls within scope of necessary medical attention under Code § 65.2-603 and that appellants must provide for payment of transportation to medical appointments
1426123 Tyshawn Terrel Byrd v. Commonwealth of Virginia 03/18/2014
Appellant’s convictions affirmed where his challenge to his no contest pleas was not raised in trial court and is precluded by Rule 5A:18; sentences for convictions of possession of a firearm by a convicted felon and use of a firearm in commission of felony reversed and remanded to trial court for imposition of statutory mandatory sentences
2144131 Pro Alignment & Auto Repair and Accident Fund Insurance Company v. William Wash 03/18/2014
Summary affirmance – no error in commission’s award of medical benefits to appellee for a right shoulder injury
2162134 Pilot Corporation and Pilot Corporation and Pilot Travel Center v. Renicia Gregory 03/18/2014
Summary affirmance – no error in commission’s finding that appellee proved a compensable injury to her right shoulder in an accident on August 30, 2012
2351133 Daniel Hensley v. Harrisonburg Rockingham Social Services District 03/18/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children
0853131 Ronald Ray Burgess v. Commonwealth of Virginia 03/11/2014
Trial court did not err in denying appellant’s motion to suppress where officers were in appellant’s apartment pursuant to a valid search warrant and the evidence was lawfully seized under the plain view doctrine
1182133 Sykes Enterprises, Inc. and Zurich American Insurance Company v. Orbra L. Cox 03/11/2014
Commission did not err in entering a supplemental award to appellee for medical benefits where credible evidence proved appellee’s hearing loss was related to her work-related accident
1318132 Jessica Husar-Journigan v. Fredericksburg Department of Social Services 03/11/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1539132 Beverly K. Petts v. Western State Hospital/Commonwealth of Virginia 03/11/2014
Summary affirmance – no error in commission’s denial of appellant’s claim in which she sought to expand the scope of her initial injuries
1697133 Jerry L. Adams v. Lowe & Nelson, Inc., et al. 03/11/2014
Summary affirmance – no error in commission’s finding that appellees are not responsible for payment of appellant’s proposed shoulder surgery
1872132 Kasey N. Parker v. C. H. Skelton, II, s/k/a Charlie H. Skelton, II 03/11/2014
Summary affirmance – no error in trial court’s custody and visitation order regarding appellant’s child
1873132 Kasey N. Parker v. Brandon John Rutledge 03/11/2014
Summary affirmance – no error in trial court’s custody and visitation order regarding appellant’s child
2017133 Commonwealth of Virginia v. Charles Leslie Henry, Jr. 03/11/2014
Trial court erred in granting motion to suppress where officers were acting in good faith in obtaining and executing search warrant for appellee’s residence
2110133 Shanna Hileman v. Home Nursing Company, Inc. and United Wisconsin Insurance Company 03/11/2014
Summary affirmance – no error in commission’s finding that appellant was able to return to work as a home health nurse, her employment prior to her compensable injury
2204124 Eddie Wayne Chewning v. Commonwealth of Virginia 03/11/2014
Trial court did not err in admitting the challenged cell phone records and their text messaging content, allowing the reading of the text messages exchange to the jury, or in finding evidence sufficient to support convictions of accessory before the fact to first-degree murder and use of a firearm in commission of a felony
2305121 Clarence Edward Gray, III v. Commonwealth of Virginia 03/11/2014
Trial court did not err in finding evidence sufficient to support conviction of attempted abduction where it proved appellant possessed intent to deprive victim of her personal liberty
0437131 Kenneth Gatling v. Commonwealth of Virginia 03/04/2014
Trial court did not err in denying appellant’s motion to suppress his confessions where appellant was not placed in any coercive condition remotely like a custodial arrest
0540134 Miriam L. White v. Commonwealth of Virginia 03/04/2014
No error in appellant’s convictions of four counts of grand larceny where appellant formed a distinct larcenous impulse each time trees were removed from the property, sold at the sawmill, and appellant received her share of the proceeds
0611133 Warren Bailey Anderson, Jr. v. Commonwealth of Virginia 03/04/2014
No error in trial court’s finding that evidence was sufficient to prove value of radio and dashboard enclosure exceeded $200 at time they were stolen; conviction of grand larceny affirmed
0662131 Lawreese Jerome Bowser v. Commonwealth of Virginia 03/04/2014
Trial court did not err in finding evidence sufficient to prove three counts of possession of cocaine with intent to distribute, second or subsequent offense, where appellant was predisposed to sell drugs and was not entrapped by officer
0699134 Julian Cardenas-Najarro v. Commonwealth of Virginia 03/04/2014
No error in appellant’s conviction of violating the terms of a preliminary protective order where evidence was sufficient to prove appellant had adequate notice of the terms of the preliminary protective order and that he intended to violate it
1674123 Kenneth Joseph Gibson v. Commonwealth of Virginia 03/04/2014
No error in trial court’s finding that appellant committed three separate and distinct larcenies as a principal in second degree; convictions of three counts of grand larceny affirmed
1860131 Mary L. Battle v. Sevamp/Senior Services of Southeastern Virginia, et al 03/04/2014
Summary affirmance – no error in commission’s finding that appellant’s claim for temporary total disability benefits was barred by statute of limitations
2078134 Club Demonstration Services and Gallagher Bassett Services, Inc. v. Kelly Williams 03/04/2014
Summary affirmance – no error in commission’s finding that appellee’s injury arose out of her employment
0981134 Anthony Cavallo v. Joanna Cavallo 02/25/2014
Trial court erred in awarding $17,912.50 of the total $21,000 award as appellee failed to present a prima facie case that appellant’s businesses increased in value as she was required to do under the prenuptial agreement
1163134 Kathleen C. Hampton v. Virginia Employment Commission and Public Utilities Reports, Inc. 02/25/2014
Trial court did not err in affirming decision of Commission that appellant was ineligible to receive unemployment compensation benefits because she left work voluntarily without good cause
1265134 Brenda Marie Hoerst v. Janelia Farm Research Campus, et al. 02/25/2014
Commission did not err in denying appellant’s request for benefits where it found she did not prove total disability for the period claimed
1415131 Davis & Green, Inc., et al. v. Warren Lowery 02/25/2014
Commission did not err in awarding appellee medical benefits and temporary total disability benefits
1529133 Donald Jackson v. Shenandoah Valley Department of Social Services 02/25/2014
Summary affirmance – appellant’s argument that trial court erred in finding appellee met its burden by clear and convincing evidence to terminate his residual parental rights to his child barred by Rule 5A:18
1787122 Robin Lavinnia Mines v. Commonwealth of Virginia 02/25/2014
Trial court did not abuse its discretion in refusing appellant’s proffered instruction defining the intent to steal
1985133 Ricky D. Howell v. Wade’s Supermarkets 42, et al. 02/25/2014
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by statute of limitations
0003132 Frankie Junior Wright v. Commonwealth of Virginia 02/18/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was on victim’s property in violation of protective order; issue regarding whether there was sufficient evidence to prove one or more of appellant’s prior violations of protective order had an act of violence barred by Rule 5A:20
0882134 William G. Sylvester v. Claudette G. Sylvester 02/18/2014
Trial court did not abuse its discretion in modifying the formula to conform with DFAS requirements where it was not a substantive change but was a procedural change consistent with the provisions of the final decree
1646134 Tricon Construction, Inc. and Flagship City Insurance Company v. Raul Rojas-Rojas 02/18/2014
No error in commission’s decision allowing appellee to testify as to his efforts to market his residual work capacity after October 9, 2009 even though he failed to respond to request for discovery; commission erred in finding appellee reasonably marketed his residual work capacity after October 9, 2009
1835133 Mohammed K. Benyoussef v. Handshake 1, LLC and Travelers Indemnity Company of America 02/18/2014
Summary affirmance – no error in commission’s finding that appellant did not prove his industrial accident arose out of and in the course of his employment
1866124 Robert Herman Hodges, Jr. v. Commonwealth of Virginia 02/18/2014
Trial court did not err in finding evidence sufficient to convict appellant of operating a motor vehicle after having been declared an habitual offender where the 1995 order declaring appellant to be an habitual offender remained in full force and effect
1975133 Fluor Daniel Services Corporation, et al. v. Archie Short 02/18/2014
Summary affirmance – no error in commission’s finding that appellee suffered compensable injuries to his low back and bilateral hips by aggravating his pre-existing avascular necrosis, thereby entitling him to temporary total disability benefits
0827132 Harry Garfield Chadderton v. Commonwealth of Virginia 02/11/2014
No error in trial court’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant was guilty of solicitation of prostitution
0934132 Carol Cenname v. Virginia Employment Commission and Parallon Employer LLC 02/11/2014
No error in finding that appellant voluntarily left her job without good cause and was disqualified from receiving unemployment benefits
1383132 7-Eleven, Inc. and Indemnity Insurance Company of North America v. Adam C. Williams 02/11/2014
Commission did not err in awarding benefits to appellee for an injury he suffered at work where injury he sustained arose from his employment
1412122 Kemon Alton Miles v. Commonwealth of Virginia 02/11/2014
Trial court did not err in denying motion to suppress as officers had reasonable articulable suspicion that appellant was carrying a concealed weapon and were justified in patting him down for weapons where officer reasonably believed hard bulge in appellant’s pocket could have been a weapon
1639131 Commonwealth of Virginia v. Damon Am-Juan Mosley, s/k/a Damon Am-Juan Mosely 02/11/2014
Trial court erred in granting motion to suppress where appellee’s actions during the initial consensual encounter created a reasonable suspicion that he possessed a concealed weapon and was armed and dangerous, justifying the seizure; order reversed and remanded to trial court
1727122 Tyler James Creekmore v. Commonwealth of Virginia 02/11/2014
Trial court did not err in denying motion to suppress where initial encounter between appellant and officer was consensual and by admitting that he did not have his driver’s license, officer had reasonable suspicion that appellant was violating traffic laws
1829131 Derek Jenkins v. Norfolk Department of Human Services 02/11/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
2064122 James Stearn, s/k/a James Gilbert Stearn v. Commonwealth of Virginia 02/11/2014
No error in appellant’s conviction of felony third or subsequent offense peeping into an occupied dwelling where evidence was sufficient to identify appellant as the perpetrator
2230122 Adam Derrick Toghill v. Commonwealth of Virginia 02/11/2014
Trial court did not abuse its discretion in denying appellant’s motion for a mistrial where it found witness’ testimony was not so prejudicial that it could not be cured by a cautionary instruction; evidence was sufficient to prove beyond a reasonable doubt that appellant violated Code § 18.2 374.3(C)
0323132 Lashawn Lashay Hill v. Commonwealth of Virginia 02/04/2014
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that criminal activity was afoot, justifying his seizure of appellant
0963132 West Creek Medical Center, Inc. v. Cynthia C. Romero, M.D., etc. 02/04/2014
Trial court erred in dismissing appellant’s appeal for lack of standing where it pleaded sufficient facts to establish it is “aggrieved”
1119132 Kmart Corporation, et al. and Sedgwick Claims Management Services, Inc. v. Wayne Beery 02/04/2014
Commission’s award of benefits to appellee affirmed where appellee made necessary showing of unfairness required for the doctrine of imposition to apply and to excuse appellee’s failure to file a timely claim for benefits
1312134 Stephen D. Slye v. Susan K. Slye 02/04/2014
No error in trial court’s decision denying modification of spousal support to appellee; trial court erred in awarding appellee attorney’s fees where the award was contrary to the language of the property settlement agreement
1401133 Rebecca Lynn Knight Taylor v. Harrisonburg Rockingham Social Services 02/04/2014
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1 283(C)(2)
1483132 Department of Professional and Occupational Regulation, etc. v. Best Buy Stores, LP 02/04/2014
No error in trial court’s ruling that appellee was not required to obtain a contractor’s license with a gas fitting specialty for installing replacement gas dryers
1866134 Agnes M. Price v. Prince William County Schools and VML Insurance Programs 02/04/2014
Summary affirmance – no error in commission’s finding that appellant was not entitled to medical and indemnity benefits after March 12, 2012
1907133 Beamount Juvenile Correctional Center/Commonwealth of Virginia v. Joyce A. Bennett 02/04/2014
Summary affirmance – no error in commission’s finding that appellee satisfied her burden of proving appellee’s bilateral renal cortical infarcts were casually related to the compensable injury
1960131 Strang-Hatcher Corporation 27 and Sedgwick CMS v. Sharon L. Sherman 02/04/2014
Summary affirmance – no error in commission’s finding that appellee’s ongoing medical conditions were causally related to the compensable injury by accident and that appellee’s need for pain management was reasonable, medically necessary, and causally related to the accident
1999132 Daniel H. Rose v. Marten Transport, Ltd. and Praetorian Insurance Company 02/04/2014
Summary affirmance – no error in commission’s holding that appellant did not suffer a compensable injury by accident where it was not an actual risk that arose out of his employment
0656132 Candice Wallach v. Prince George Department of Social Services 01/28/2014
Summary affirmance – no error in termination of appellant’s parental rights to her children
1070134 Michael A. Kernbach v. Nancy J. Kernbach 01/28/2014
Trial court did not abuse its discretion in holding appellant in contempt where it found appellant’s conduct constituted willful disobedience of the trial court’s order
1562134 Edwina M. Rogers v. Edward M. Rogers 01/28/2014
Summary affirmance – trial court did not abuse its discretion in awarding appellee attorney’s fees and sanctions
1752134 Roto Rooter Services Company and American Zurich Insurance Company v. Eugenio A. Murga 01/28/2014
Summary affirmance – no error in commission’s finding that appellee suffered an exacerbation of existing sacroiliac joint problems causally related to his compensable accident and in expanding appellee’s medical award to cover his treatment for his sacroiliac joints
1927134 Daniel Martinez v. Zamudio Tree & Landscaping and the Uninsured Employer's Fund 01/28/2014
Summary affirmance – no error in commission’s denial of appellant’s claim for temporary total disability benefits
0149134 Marche Tyshon Young v. Commonwealth of Virginia 01/21/2014
Trial court did not abuse its discretion in refusing to allow appellant to withdraw his guilty plea after sentencing where appellant has not demonstrated a discovery violation or prejudice
0561132 Phillip Allen Harrington v. Commonwealth of Virginia 01/21/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was the perpetrator; convictions of credit card theft and credit card forgery affirmed
0362134 Richard Andrew Jenkins v. Commonwealth of Virginia 01/14/2014
Trial court erred by admitting certain business records without the proper authentication and foundation; matter remanded to trial court for retrial if the Commonwealth be so advised
0505132 Timothy Dakota Bond v. Commonwealth of Virginia 01/14/2014
Trial court did not err in finding evidence sufficient to support conviction of credit card fraud; as sentence imposed exceeded statutory maximum for a Class 6 felony, sentence reversed and remanded to trial court for resentencing
0687132 Steven Dennis Byrd v. Diane Revere Byrd 01/14/2014
Trial court erred in awarding appellee spousal support where appellee failed to introduce sufficient evidence to support findings under the statutory factors in Code § 20-107.1(E)
0936131 City of Norfolk, Department of Human Services v. Octavious Person 01/14/2014
Trial court did not err in refusing to terminate appellee’s parental rights to his child or in denying appellant’s foster care plan with the goal of adoption
1485131 Seonyoung Kim v. Daniel Lee 01/14/2014
Summary affirmance – final decree of divorce affirmed where trial court did not abuse its discretion in the equitable distribution of the student loan debt or in awarding spousal support to appellee
1675123 Galen Craig Shifflett v. Commonwealth of Virginia 01/14/2014
No reversible error in appellant’s conviction of aggravated sexual battery where appellant’s testimony that one of his felony convictions involved lying, cheating, or stealing, made in response to the Commonwealth’s question, did not affect the jury’s verdict
1914133 Jeffrey K. Harman and Rita Gay Harman v. Joey W. Harman, et al. 01/14/2014
Summary affirmance – trial court’s finding of contempt affirmed
1189133 Carmen Alcazar v. Harrisonburg Rockingham Social Services District 01/07/2014
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(1) and (C)(2)
1190133 Carmen Alcazar v. Harrisonburg Rockingham Social Services District 01/07/2014
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(1) and (C)(2)
1254121 Alfred Gilliam, Jr. v. Commonwealth of Virginia 01/07/2014
Petition for Rehearing En Banc granted
1435133 Marilyn R. Cartier v. Henry County Public Schools, et al. 01/07/2014
Summary affirmance – no error in commission’s finding that appellant failed to prove a compensable injury by accident to her left shoulder and failed to prove a compensable disease or ordinary disease of life related to her shoulders, knees or skin cancer
1742134 Mary Elizabeth Clanahan v. Shenandoah County Public Schools, et al. 01/07/2014
Commission’s finding that evidence was insufficient to establish a causal connection between the compensable accident and appellant’s migraines and neck condition affirmed where appellant failed to comply with Rule 5A:20(e) by citing no legal authority to support her contentions
1224134 Martha F. Manson v. Joseph L. Manson, III 12/27/2013
Summary affirmance – trial court did not err in denying appellant’s request for attorney’s fees where the parties’ marital settlement agreement did not state that parties could seek attorney’s fees in a motion to modify spousal support situation
1245134 Joseph L. Manson, III v. Martha F. Manson 12/27/2013
Summary affirmance – trial court did not err in denying appellant’s motion to reduce his spousal support obligation
1283133 Michael Andrew Stegall v. Rhonda Gay Wheeler Stegall 12/27/2013
Summary affirmance – no error in trial court’s valuation of family business in equitable distribution hearing
1465133 Angela Renee Tusing v. Harrisonburg Rockingham Social Services District 12/27/2013
Trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interests
1583134 Balwant Singh Goraya v. Virginia Department of Transportation/Commonwealth of Virginia 12/27/2013
Summary affirmance – appellant’s argument that he was denied due process by not being provided adequate notice of the deputy commissioner’s decision barred by Rule 5A:18
0002131 Tracy Brian Shaw v. Commonwealth of Virginia 12/17/2013
Trial court did not err in denying motion to suppress evidence where officer had reasonable, articulable suspicion that criminal activity was afoot
0212131 Larry Maurice White v. Commonwealth of Virginia 12/17/2013
Trial court did not abuse its discretion in refusing to allow appellant to withdraw his guilty plea
0256131 Richard Lee Johnson, Jr. v. Commonwealth of Virginia 12/17/2013
No error in trial court’s finding that evidence was sufficient to prove appellant stole the manhole covers from the shopping center parking lot; conviction of grand larceny affirmed
0290131 Cordaro Rayez Parham v. Commonwealth of Virginia 12/17/2013
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where appellant failed to proffer evidence of a reasonable defense to justify going to trial on the merits
0516132 Walter Edward Saxon, Jr. v. Angela LeSueur 12/17/2013
Order of trial court modifying child support affirmed where award was within sound discretion of trial court and its written explanation was satisfactory
0822131 William Strack v. Wendy Elizabeth Strack 12/17/2013
Trial court did not err in granting appellee’s motion to strike and denying appellant’s motion to reduce or terminate spousal support
0932133 James A. Wells, Jr. v. Goodyear Tire & Rubber Company and Liberty Mutual Insurance 12/17/2013
Commission did not err in denying appellant’s claim for temporary partial disability benefits where appellant failed to market his residual work capacity and appellees were not estopped in asserting defense of failure to market residual work capacity
1120133 Island Creek Coal Company and Wells Fargo Disability v. George Elbert King 12/17/2013
No error in commission’s finding that claimant established a causal relationship between his prescriptions for certain medications and his workplace accident
1206134 Terry R. Engle v. Vanessa Everette Whitt Eberle 12/17/2013
Summary affirmance – trial court did not err in granting appellee’s motion to strike appellant’s motions to amend custody and visitation
1266121 Harvey Eugene Smith, Jr., s/k/a Harvey Eugene Williams, Jr. v. Commonwealth of Virginia 12/17/2013
No error in trial court’s finding that evidence was sufficient to support convictions of malicious wounding and attempted robbery
1266133 Brenda Marie Larson v. Commonwealth Assisted Living, L.L.C., et al. 12/17/2013
No error in commission’s finding that appellant failed to carry her burden of proving she suffered a compensable injury by accident
1364134 Ricardo Estaban Astudillo v. Fairfax County Department of Social Services 12/17/2013
Summary affirmance – termination of appellant’s parental rights to his child affirmed where his rights were terminated under Code § 16.1-283(B) and (C)(2) and he only challenged termination under Code § 16.1-283(C)(2)
1438121 Larond Antonio Ayres v. Commonwealth of Virginia 12/17/2013
Trial court erred in finding evidence was sufficient to prove items stolen exceeded the $200 statutory threshold for grand larceny; remanded to trial court for resentencing on conviction of petit larceny
1476124 Herbert W. Lux, s/k/a Herbert W. Lux, Jr. v. Commonwealth of Virginia 12/17/2013
Trial court did not err in refusing to set aside jury’s verdict of guilty on appellant’s obstruction of justice conviction where evidence was sufficient to prove appellant intended to and did commit a direct act that prevented district court judge from performing his official duties; no error in ruling that judge designate not required to retake oath of office prior to appellant’s trial
1528122 Herbert W. Lux, Jr. v. Commonwealth of Virginia 12/17/2013
No error in trial court’s refusal to set aside jury’s verdict finding evidence was sufficient to prove appellant interfered with property owners’ use of their property in violation of Code § 18.2-121; trial court did not err in finding retired judge not required to retake oath of office prior to presiding over appellant’s trial
1687133 Derril Wayne Watkins v. J. B. Hunt Transport, Inc., et al. 12/17/2013
Summary affirmance – no error in commission’s finding that appellant’s April 3, 2006 correspondence did not constitute a claim for benefits
1922122 Celia W. Hodges v. Virginia Department of Corrections 12/17/2013
Summary affirmance – trial court did not err in upholding hearing officer’s decision
2082121 Tremere Rhonette Manning v. Commonwealth of Virginia 12/17/2013
No error in trial court’s finding that evidence was sufficient to prove value of items stolen from the Gap had a value of $200 or more; conviction of grand larceny affirmed
2265123 Derrick Jubal Powell v. Commonwealth of Virginia 12/17/2013
Appellant’s convictions affirmed where appellant’s argument that the trial court erred by convicting him based on conduct outside of the terms of his plea agreement barred by Rule 5A:18
2340121 Timothy Delmar Cooper v. City of Virginia Beach 12/17/2013
No error in appellant’s conviction of indecent exposure under City code where appellant was masturbating in a public place or alternatively a place where others are present
0080131 Motor Vehicle Dealer Board, Commonwealth of Virginia v. David Barton 12/10/2013
Trial court’s holding that default judgment order was valid and satisfied statutory criteria necessary to from a compensable claim against Motor Vehicle Recovery Fund affirmed; trial court’s award of attorney’s fees to appellee reversed
0245133 Michael Anthony Hogan v. NPC International, Inc. #22 and Old Republic Insurance Company 12/10/2013
No error in commission’s finding that appellant’s compensation claim was not timely filed where his initial filing was not a claim for benefits as it did not set forth date of accident and his later attempt to correct date of accident was filed after the two-year statute of limitations had run
0817133 Kimberly Maul, s/k/a Kimberly Rose Maul v. Franklin County Department of Social Services 12/10/2013
Trial court did not err in terminating appellant’s parental rights to her children
0847133 Joevany Rodriguez v. Franklin County Department of Social Services 12/10/2013
Trial court did not err in terminating appellant’s parental rights to his three children
0923134 James Dewberry v. Winchester Department of Social Services 12/10/2013
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children
0960134 Tammy Dewberry v. Winchester Department of Social Services 12/10/2013
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children
1274131 Joann Hoyle v. Chesapeake Department of Human Services 12/10/2013
Trial court did not err in finding termination of appellant’s parental rights to her children was in their best interest
1629122 Pierce Abbott Ford v. Commonwealth of Virginia 12/10/2013
Trial court did not err in denying appellant’s motion to suppress evidence of field sobriety tests and breathalyzer test conducted by VCU officer who observed appellant’s reckless conduct
0399134 Thomas J. Shea, Jr. v. Teresa A. Spinicci 12/03/2013
Trial court erred in awarding attorney’s fees and costs to appellee in a child support modification matter where appellee had not filed any responsive or counter pleadings requesting the fees and costs
0448121 Brandon Rashad Jones v. Commonwealth of Virginia 12/03/2013
Trial court did not abuse its discretion in admitting evidence of results of drug and DNA analyses, in finding Commonwealth established a sufficient chain of custody via live witnesses, and in finding evidence was sufficient to prove appellant’s knowing possession of firearm while possessing cocaine with intent to distribute
0801133 Professional Therapies, Inc. v. Commonwealth of Virginia, et al. 12/03/2013
No error in trial court’s finding that appellee overpaid appellant for Medicaid benefits for a specified period of time
1018132 Kerry O’Brien Smith v. James B. Smith, III 12/03/2013
Summary affirmance – no error in trial court’s custody and visitation order
1254121 Alfred Gilliam, Jr. v. Commonwealth of Virginia 12/03/2013
Trial court erred in admitting inadmissible hearsay to establish cost of repairs to correct damage in house; felony conviction of damage of property over $1,000 reversed and remanded to trial court for new trial on misdemeanor property damage
1388124 Ronald P. Berton v. Commonwealth of Virginia 12/03/2013
Trial court erred in refusing to sever charges involving two offense dates into two trials; conviction for breaking and entering with intent to commit rape reversed and dismissed where evidence was insufficient to prove a breaking
2087124 Samir Allen Farhoumand v. Commonwealth of Virginia 12/03/2013
No error in appellant’s three counts of taking indecent liberties with a child where indictments adequately identified the time frames of each of alleged offenses and trial court correctly found appellant exposed his penis to victim, as contemplated by the statute
0025134 David H. Kellogg v. Denise Anne Kellogg 11/26/2013
No error in trial court’s refusal to terminate appellant’s obligation to pay spousal support to appellee where it properly found appellee was not living in a relationship analogous to marriage
0667134 Atia Elyass v. Fairfax County Department of Family Services 11/26/2013
Trial court did not abuse its discretion in terminating appellant’s parental rights where evidence was sufficient to prove that he was unable to remedy conditions which led to child’s placement in foster care and that termination of appellant’s parental rights was in child’s best interests
0684134 Atia Elyass v. Fairfax County Department of Family Services 11/26/2013
Trial court did not abuse its discretion in terminating appellant’s parental rights where evidence was sufficient to prove that he was unable to remedy conditions which led to child’s placement in foster care and that termination of appellant’s parental rights was in child’s best interests
1102134 Brent C. Bousman v. Caitlin K. Lhommedieu 11/26/2013
Summary affirmance – appellant’s challenge of April 28, 2011trial court order barred by law of case doctrine; no error in May 20, 2013 order awarding appellee attorney’s fees and costs pursuant to this Court’s remand on previous appeal
1220134 Commonwealth of Virginia v. John Henry McCray 11/26/2013
Trial court erred in finding appellee was subjected to custodial interrogation which required the officers to advise appellee of his Miranda rights where a reasonable person would not have believed that he was in custody to the degree associated with a formal arrest
1416134 Kenneth Kaldenbach v. Prince William County 11/26/2013
Summary affirmance – no error in commission’s finding that appellant was only partially disabled at time of his retirement and that appellant unjustifiably refused selective employment and failed to market his residual capacity
2131122 Alonzo Thompson, s/k/a Alonzo Lamar Thompson v. Commonwealth of Virginia 11/26/2013
No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where evidence proved appellant was the perpetrator and he possessed the requisite criminal intent
2264124 Christopher Oates Howard v. Nella Marie Thompson 11/26/2013
Judgment of trial court awarding appellee attorney’s fees based on parties’ PSA reversed and remanded to trial court to determine an appropriate and reasonable award based on enforcement component of PSA; other assignments of error waived as appellant’s brief failed to conform to Rules of Court
0556134 United Airlines, Inc. v. Helen A. Smolak 11/19/2013
No error in commission’s finding that appellee proved her requested knee replacement surgery was causally related to her compensable injury
0566132 University of Virginia/Commonwealth of Virginia v. Mitchell Harrison 11/19/2013
Commission erred in finding appellee’s accident arose out of a condition of his employment; award reversed
0815131 Angie Brown v. Kentucky Fried Chicken and Indemnity Insurance Company of North America 11/19/2013
Commission did not err in refusing to consider appellant’s head injury on review, in finding appellant did not adequately prove her hospitalization was causally related to her work injury, or in terminating appellant’s award for temporary partial disability benefits
1429123 Amanda Lucille Ragan v. Commonwealth of Virginia 11/19/2013
Trial court did not err in finding evidence was sufficient to support four convictions of manufacturing methamphetamine; trial court erred in finding evidence proved four convictions of conspiracy to manufacture methamphetamine, three of those convictions are reversed and dismissed
1580124 Kenneth Wayne Romick v. Commonwealth of Virginia 11/19/2013
Trial court erred in finding evidence was sufficient to prove appellant made a display of his private parts and that such display was obscene; conviction reversed and dismissed
1751124 Maureen Anne Blake v. Commonwealth of Virginia 11/19/2013
Appellant’s convictions under Code § 22.1-254 affirmed where Commonwealth was not required to prove appellant knowingly and willfully violated compulsory attendance law nor was it required to prove notice; argument regarding constitutionality of Code § 22.1-254 not preserved
1768122 David Jobb Edward v. Commonwealth of Virginia 11/19/2013
No reversible error in trial court’s refusal to allow the testimony of a defense witness where Court concludes that an additional piece of impeachment testimony would not have altered outcome of trial
0606134 Brenda Farmer v. Alexandria Department of Community and Human Services 11/12/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children where clear and convincing evidence proved termination was in their best interests
1133134 Jonathan Gabriel Daniels v. Culpeper County Department of Social Services 11/12/2013
Summary affirmance – termination of appellant’s parental rights to his children affirmed
1283124 Anthony Wayne Simpson v. Commonwealth of Virginia 11/12/2013
Trial court did not abuse its discretion in refusing to strike juror for cause or in admitting expert witness’ testimony where testimony did not violate the ultimate issue rule
1426132 Kim C. Bullock v. Cheryl Clegg Bullock 11/12/2013
Summary affirmance – trial court did not err in applying res judicata in this case; dismissal of show cause affirmed
1963122 Tyree Dennis Slater v. Commonwealth of Virginia 11/12/2013
No error in trial court’s finding that evidence was sufficient to prove appellant was the person on the surveillance video committing breaking and entering, destruction of property, and petit larceny
0442131 Samantha P. Dianna v. Colonial Williamsburg Company and Colonial Williamsburg Foundation 11/05/2013
No error in commission’s finding that appellant did not meet her burden of proving that the injury she sustained while carrying a tray up a flight of stairs arose out of her employment
0505124 Dianne Metzler v. Commonwealth of Virginia 11/05/2013
Trial court did not err in denying appellant’s request for a jury trial on the imposition of a peace bond where the statute only provides for a judge, not a jury, to determine whether good cause has been shown
0815123 Jeffrey Martin Young v. Commonwealth of Virginia 11/05/2013
Trial court did not err in granting Commonwealth’s motion in limine to exclude testimony of two doctors who had not conducted forensic evaluations or formed opinions of appellant’s sanity at the time of these offenses
0885133 Emanuel Sutton McDorman v. Harrisonburg Rockingham Social Services District 11/05/2013
Trial court did not err in terminating appellant’s parental rights to his two children under Code § 16.1-283(C)(2)
0886133 Sabrina Dwan McDorman v. Harrisonburg Rockingham Social Services District 11/05/2013
Trial court did not err in terminating appellant’s parental rights to her two children under Code § 16.1-283(C)(2)
1032134 Michael Lothar Koss v. Nekea Jenell Brown 11/05/2013
Summary affirmance – no error in trial court’s visitation order regarding appellant’s telephone access to his children
1113131 Roseanne Spruill v. City of Portsmouth Department of Social Services 11/05/2013
Summary affirmance – appellant’s assignment of error regarding entry of a child protective order not considered where appellant failed to timely file the statement of facts in the trial court and it is necessary for a determination of the issue
1366134 Todd M. Jack v. Virginia Employment Commission 11/05/2013
Summary affirmance – trial court’s order dismissing appellant’s petition for judicial review of appellee’s findings affirmed
0358131 Smurfit-Stone Container Enterprises, Inc. and RockTenn CP, LLC. v. Darrell L. Jones 10/29/2013
Commission erred by not addressing arguments raised in appellants’ written statement; remanded to commission for further proceedings
0445131 Enjoli Holder v. Portsmouth Department of Social Services 10/29/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four children under Code § 16.1-283(B)
0529134 Donna Coffey v. Virginia Department of Juvenile Justice 10/29/2013
Trial court misapplied appropriate standard of review where it did not limit its analysis of the hearing officer’s decision to whether it was contradictory to law; decision of trial court reversed and hearing officer’s decision reinstated
0723134 City of Fredericksburg and VML Insurance Programs v. Samuel O. Wilson, Jr. 10/29/2013
Commission did not err in awarding appellee permanent partial disability benefits where evidence was sufficient to prove appellee was not capable of performing pre-injury work and correctly applied Code § 65.2-708 tolling provision
1003134 Sitta Luseni v. Fairfax County Department of Family Services 10/29/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where record shows trial court considered all viable alternatives, including relative placement
1004134 Edebiri Temitope Aihevba v. Fairfax County Department of Family Services 10/29/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his two children under Code § 16.1-283(C)(1); issue regarding relative placement barred by Rule 5A:18
1171132 HH Gregg, Inc. and Travelers Indemnity Company of America v. Cathy Lynn Gulledge 10/29/2013
Summary affirmance – no error in commission’s award of benefits where it found that appellee’s injury arose out of and in the course of her employment
1541123 Keith Lamonte Hill, s/k/a Keith Lamont Hill v. Commonwealth of Virginia 10/29/2013
Trial court did not err in finding exclusionary rule did not apply where it found officers relied on binding appellate precedent in effect at time of search of vehicle
2172122 Christopher Eugene Jefferson v. Commonwealth of Virginia 10/29/2013
Evidence was sufficient to prove appellant possessed with intent to distribute more than 100 kilograms of marijuana, which is a violation of Code § 18.2-248(H)(4)
0478132 Christine A. Reid v. Virginia Commonwealth University/Commonwealth of Virginia 10/22/2013
No error in commission’s finding that continued physical therapy was no longer medically necessary and the denial of benefits for an injury that occurred at physical therapy affirmed
0496134 Bernard L. DiNicola v. Target Corporation 10/22/2013
Summary affirmance – appellant’s failure to comply with Rule 5A:25 by filing an adequate appendix is significant and Court will not consider his arguments; additional arguments barred by Rule 5A:18
1008132 John F. Speller v. Ceres Marine Terminals, Inc., et al. 10/22/2013
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained a closed head injury in his work accident
1246131 Paula A. Powell v. Farm Fresh Super Market #42708 and SUPERVALU, INC. 10/22/2013
Summary affirmance – no error in commission’s finding that appellant did not meet her burden of proof that mileage to the Farm Fresh pharmacy was a reasonable and necessary medical expense
1396123 Carl Antonio Robinson v. Commonwealth of Virginia 10/22/2013
No error in trial court’s finding that evidence was sufficient to prove appellant possessed a firearm after having been convicted of a felony
1526121 Deon Christopher Cobb v. Commonwealth of Virginia 10/22/2013
Trial court did not err in admitting text messaging detail records from wireless carrier into evidence where best evidence rule did not bar introduction of exhibit and they were admissible under business records exception to hearsay rule; evidence was sufficient to support convictions
1670121 Tarell Marquis Taylor v. Commonwealth of Virginia 10/22/2013
Trial court did not abuse its discretion in denying appellant’s request for new counsel on the day of trial where appellant did not provide any support for his renewed request for new counsel and his attorney was prepared for trial
2098121 Charles Napoleon Hawkins v. Commonwealth of Virginia 10/22/2013
Evidence was sufficient to establish appellant possessed the forged bank notes, he had requisite knowledge that notes were counterfeit, and he had requisite intent to employ them as true
0160132 Susan G. Prior v. Virginia Board of Nursing 10/15/2013
Fairfax Circuit Court abused its discretion in transferring case to Henrico County; that order is reversed, order of Henrico Circuit Court denying appellant’s appeal vacated, and matter remanded to Henrico Circuit Court to transfer venue to Fairfax Circuit Court for further proceedings
0434131 Ann Williams v. Colonial Williamsburg Foundation 10/15/2013
Summary affirmance – appellant’s failure to comply with rules is significant and her arguments are waived
1807121 Maurice Antonio Hyman v. Commonwealth of Virginia 10/15/2013
Conviction and sentence on appellant’s two 2012 use of a firearm convictions affirmed where trial court maintained jurisdiction over the two charges from 2006 to 2012 as no final order had been entered; trial court did not err in denying appellant’s request to continue to take cases under advisement
2256123 Tony Leon Childress v. Commonwealth of Virginia 10/15/2013
Evidence was sufficient to prove appellant intended to escape from lawful custody when he damaged the ceiling of the holding cell’s bathroom
0423134 Michael R. Pliuskaitis v. Teresa M. Pliuskaitis 10/08/2013
Summary affirmance – final decree of divorce affirmed
0958133 Island Creek Coal Company and Wells Fargo Disability v. Danny Wilson 10/08/2013
Summary affirmance – no error in commission’s decision finding appellee’s current symptoms were causally related to a 1989 work injury and that he is entitled to payment of medical treatment and medication
0980134 Harry William Hall v. Freestate Electrical Company, Inc. and American Home Assurance Company 10/08/2013
Summary affirmance – no error in commission’s finding that appellant’s claim is barred by res judicata
1005131 Charles O. Willis v. Coleman Construction Corporation and North River Insurance Company 10/08/2013
Commission’s finding that appellant’s claim was barred by res judicata affirmed
1084132 Mischelle Brown-Mayo v. County of Chesterfield 10/08/2013
Summary affirmance – no error in commission’s decision terminating an award of wage loss benefits on the ground that appellant’s current disability is unrelated to the compensable accident
1183123 Daquan Lajames Saunders v. Commonwealth of Virginia 10/08/2013
No error in appellant’s conviction of first-degree murder where evidence was sufficient to prove premeditation
1197123 Terry Wayne Turner v. City of Harrisonburg 10/08/2013
Trial court did not err in convicting appellant of a zoning ordinance for storing four inoperable vehicles on property owned by appellant’s mother and occupied by appellant
1235123 Theodis Thomas Smith, Jr. v. Commonwealth of Virginia 10/08/2013
Trial court’s denial of appellant’s motion to strike Juror 12 based on her friendship with a police officer who was a potential witness affirmed; appellant’s other arguments regarding Juror 12 waived
1537121 Ronald William Wethington, Jr. v. Commonwealth of Virginia 10/08/2013
Trial court did not err in denying appellant’s motion to suppress where police officer could have reasonably believed that appellant had violated the law by following more closely than is reasonable and prudent
1587123 Michael Paul Cairo v. Commonwealth of Virginia 10/08/2013
Appellant’s conviction of grand larceny affirmed where victim’s testimony was sufficient to prove value of stolen stove exceeded the $200 threshold
2090122 Shari Sims-Bernard v. Stephen P. Bernard 10/08/2013
Trial court’s ruling awarding sole legal custody of parties’ children to appellee and ordering that appellant’s visitation with the children be supervised affirmed; appellant’s issue regarding her motion for evaluation waived where she failed to request a ruling from the trial court
0499134 Berrak Tartaglino v. Frederick Robert Tartaglino 10/01/2013
Summary affirmance – trial court did not err in denying appellant’s request to terminate her children’s therapy
0819131 Cleo Dickerson v. City of Virginia Beach Department of Human Services 10/01/2013
Summary affirmance – Court is unable to review appellant’s assignments of error raised on appeal for her failure to provide an adequate record on appeal and her failure to comply with procedural rules
1160121 Jeffrey Alan Hurly, s/k/a Jefferey Allen Hurley v. Commonwealth of Virginia 10/01/2013
Trial court did not err in refusing to allow appellant to withdraw what he characterizes as a guilty plea to his probation revocation where counsel’s stipulation was not a guilty plea
0495132 Jerome Travis, Sr. v. Virginia Department of Social Services 09/24/2013
Summary affirmance – no error in trial court’s holding that substantial evidence supported the agency’s finding that appellant’s appeal was not timely filed
0739131 John Junior Martinez, Sr. v. City of Portsmouth Department of Social Services 09/24/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
0919102 William Edward Tuma v. Commonwealth of Virginia 09/24/2013
Upon Remand from the Supreme Court – trial court correctly refused to admit videotape into evidence where appellant had not reviewed the evidence at the time he sought to introduce it and was unable to lay any foundation to support its introduction
1067122 Damon Jamel Bradshaw v. Commonwealth of Virginia 09/24/2013
Trial court did not err in denying appellant’s motion to dismiss second charge of possession of a firearm by a convicted felon where act of transporting firearm in vehicle was separate and distinct from possession of firearm in bedroom
1350122 Damon Jamel Bradshaw v. Commonwealth of Virginia 09/24/2013
Trial court did not err in denying appellant’s motion to dismiss second charge of possession of a firearm by a convicted felon where act of transporting firearm in vehicle was separate and distinct from possession of firearm in bedroom
1452122 Lee Alden Mooney v. Commonwealth of Virginia 09/24/2013
Trial court did not err in revoking appellant’s suspended sentence and probation where trial court had authority to consider entire period of time from original suspension of appellant’s sentence in 2007 through the revocation hearing in 2012 and was not limited to reconsidering the terms of the 2011 suspension
0152134 Nicaise Solet Bokassa v. Marie Yokowo Bokassa 09/17/2013
Summary affirmance – no error in trial court’s order requiring appellant to pay appellee $1,000 per month in child support
0527131 Anthony S. Allen, III v. Linda A. Allen 09/17/2013
Summary affirmance – no error in order of trial court clarifying appellee’s interest in appellant’s retirement benefits
0586133 Crystal Della Penna v. Harrisonburg Rockingham Social Services District 09/17/2013
Trial court did not err in finding evidence was sufficient to prove termination of appellant’s parental rights to her children was in their best interests
0659133 Jose Luis Fuentes Ramos v. Pulaski County Department of Social Services 09/17/2013
Summary affirmance – trial court’s factual determination that appellant comprehended English was supported by evidence and its decision to terminate appellant’s parental rights to his child was not plainly wrong
0267134 Julie Ann Hughes v. Troy Alexander Hughes 09/10/2013
Equitable distribution award reversed and matter remanded to trial court to reconsider the equitable distribution of the parties’ property and debt
0589133 Richard Scott Starling v. Teresa Ann Morehead Starling 09/10/2013
Summary affirmance – no error in trial court’s equitable distribution or spousal support awards
0741133 Commonwealth of Virginia v. Shannon Smith Mitchell 09/10/2013
Court finds when transcript filed prior to entry of order being appealed from, time to file petition for appeal commences from date of filing of notice of appeal; Trial court erred in suppressing physical evidence seized from the appellee; remanded to trial court for further proceedings
1713122 Citizen Potawatomi Nation v .Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order
1724122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order
1725122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order
1726122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order
1947122 Renee Bagley Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings
1948122 Renee Bagley Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings
1949122 Timothy B. Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings
0957132 Winn Residential Limited Partnership, et al. v. Emory Arrington 09/03/2013
Summary affirmance – decision of commission reversing the deputy commissioner’s denial of benefits to claimant affirmed
1021134 Todd M. Jack v. Virginia Employment Commission 09/03/2013
Summary affirmance – order of the circuit court dismissing appellant’s petition for judicial review of the VEC’s decision affirmed
0602133 William Alexander Patterson v. Kathy Lynnette Patterson 08/27/2013
Summary affirmance – trial court’s spousal support award to appellee affirmed
0243134 Diane W. Wilson v. Fairfax Connector and Old Republic Insurance Company 08/20/2013
Summary affirmance – commission’s finding that statute of limitations barred appellant’s claim affirmed
0438132 Sharon M. Jackson v. Hopewell Department of Social Services 08/20/2013
As record on appeal does not contain a summary of the parties’ arguments, Court is unable to determine whether appellant preserved her assignment of error raised on appeal and record is insufficient for review of issue; termination of appellant’s parental rights to her children affirmed
0483133 Nellie R. Hale v. Russell County Department of Human Services 08/20/2013
Summary affirmance – trial court did not err in finding clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interests
2180114 Jerry Wayne Beale, Jr. v. Commonwealth of Virginia 08/20/2013
Appellant’s conviction of assault of a law enforcement officer affirmed where evidence did not support appellant’s proffered instruction and evidence was sufficient to prove beyond a reasonable doubt that appellant acted with the necessary intent to cause bodily harm
0461134 Gary Pisner v. State Building Code Technical Review Board, et al. 08/13/2013
Summary affirmance – order of trial court affirming Review Board’s finding that appellant was in violation of the Virginia Maintenance Code for not removing rubbish from his property affirmed
0479132 Anthony Rollins v. Richardson-Wayland Electrical Company, LLC, et al. 08/13/2013
Summary affirmance – decision of commission finding appellant’s fall and/or his contact with a high voltage line are unexplained affirmed
0714133 Phillip Sheetz v. James E. Serkel, Inc. and Cincinnati Insurance Company 08/13/2013
Summary affirmance – decision of commission finding appellant’s claim waived and abandoned because he failed to timely file a written statement on review to the full commission affirmed
1664121 Clyde Mario Hall v. Commonwealth of Virginia 08/13/2013
Trial court did not err in revoking appellant’s suspended sentence where appellant’s counsel conceded to appellant’s new convictions and trial court considered those statements as conclusive proof that appellant had violated terms and conditions of his probation
2348121 Vico Construction Corporation and Twin City Fire Insurance Company v. Michael E. Taylor 08/13/2013
Commission did not err in failing to give appellants a credit for payments made to appellee for a specified period of time where appellants were only entitled to recover benefits paid after the date of the filing of the application
0377131 Department of Social Services/Commonwealth of Virginia v. Johnical M. Owens 08/06/2013
Summary affirmance – no error in commission’s denial of appellant’s request for termination of award of benefits and its finding that appellant had a gross subrogation interest for medical and indemnity expenses of an amount less than employer claimed
0038133 Robert Martin Harris v. Donna Hickman Harris 07/30/2013
Summary affirmance – order denying all but $1,000 of appellant’s request for expenses associated with proceedings regarding parties’ property settlement agreement affirmed
2027123 Kyle Pritchett Macione v. Beatriz Huarte Irujo Macione 07/30/2013
Trial court erred in finding appellant intended to transfer his inheritances from his grandparents to the marital estate as gifts to appellee; equitable distribution award reversed and matter remanded to trial court for further proceedings
2053124 Murray A Sewell v. Wendy S. Sewell 07/30/2013
Trial court did not abuse its discretion by denying appellant’s petition to reduce the spousal support award to appellee
2186124 Tahira Naseer v. Hamid Moghal 07/30/2013
Trial court did not abuse its discretion in ordering appellant to reimburse the full amount of the pendente lite support appellee paid her during the pendency of their annulment proceedings
0215134 Sania L. Mikhail v. Fairfax County Department of Family Services 07/23/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0222133 Kristoffer Michael Masch v. Roanoke City Department of Social Services 07/23/2013
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(B) and (C)(2)
0280131 Charles V. Hamilton v. Arriba Corporation, et al. 07/23/2013
Summary affirmance – Court will not consider appellant’s arguments as his failure to comply with Rule 5A:20 is significant
0338134 James Ganthier v. Frederick County Department of Social Services 07/23/2013
Summary affirmance – trial court did not err in refusing appellant’s motion for a continuance or in terminating appellant’s parental rights to his children
0398131 Tradesmen International, Inc. and New Hampshire Insurance Company v. Michael L. Hylton 07/23/2013
Summary affirmance – commission did not err in awarding disability benefits to appellee for certain specified periods
1289124 Ibrahim Jamil Habahbih v. Commonwealth of Virginia 07/23/2013
Trial court did not err in refusing appellant’s proffered jury instruction; conviction of grand larceny affirmed
1462124 Stanley Wesley Bryant v. Commonwealth of Virginia 07/23/2013
Appellant’s arguments related to his competency to stand trial, whether his guilty plea was knowing, voluntary, and intelligent, and the sufficiency of Commonwealth’s proffer barred by Rule 5A:18; trial court did not err in failing to grant his motion to dismiss for want of jurisdiction or withdraw his plea or in imposing certain terms on his probation and suspended sentence
2215124 Stephen A. Barton v. Allied Waste Industries, Inc., et al. 07/23/2013
No error in commission’s decision denying disability benefits to appellee where he was terminated for justified cause
0335132 Rebecca N. Whittington v. Virginia Retirement System 07/16/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits
1091121 Danielle Lee Polk v. Commonwealth of Virginia 07/16/2013
Trial court did not err in holding there was no fatal variance between the indictment and the proof at trial; evidence was sufficient to convict appellant of obtaining money by false pretenses
1466121 Dwayne Young v. Commonwealth of Virginia 07/16/2013
Trial court did not err in denying appellant’s motion to suppress where appellant failed to establish a legitimate expectation of privacy in the hotel room; appellant’s convictions affirmed
1830121 Washington I. James, III v. Sharon D. Owens 07/16/2013
Trial court’s order awarding child support, child support arrearages, attorney’s fees, and expert witness fees to appellee affirmed
2266124 Simon Michael Trevathan v. Loudoun County School Board et al. 07/16/2013
Commission did not err in denying claimant’s request for permanent partial disability benefits under Code § 65.2-503
2337121 Virginia Employment Commission v. Gail Carroll 07/16/2013
Summary affirmance – trial court did not err in reversing a decision of the VEC finding that appellee was disqualified for benefits because she was discharged for misconduct connected with work
0331134 Commonwealth of Virginia v. Carol Lutsky 07/09/2013
Judgment of trial court reversed where the Fifth Amendment does not preclude the police from questioning a suspect who is not in custody just because the suspect had earlier indicated to the police, also in a non-custodial setting, that she was represented by counsel; case remanded to trial court for further proceedings
0359134 Tommy Frazier, d/b/a v. Tommy’s Tree Service v. Fernando Quiroz 07/09/2013
Summary affirmance – commission’s rulings regarding a claim for compensation relating to claimant’s October 20, 2008 work-related accident affirmed
1107121 Kevin Steven Bukowski v. Commonwealth of Virginia 07/09/2013
Appeal dismissed where this Court will only consider the assignment of error as it is phrased in appellant’s petition for appeal and that assignment of error is insufficient under Rule 5A:12(c)(1)(ii)
1136124 Joseph Wiley v. Commonwealth of Virginia 07/09/2013
Judgment affirmed where appellant’s failure to proffer what he now claims to have been a belated attempt at allocution precludes appellate review; trial court did not abuse its discretion by revoking appellant’s suspended sentences
2289124 Brent C. Bousman v. Caitlin K. Lhommedieu, f/k/a Caitlin Bousman 07/09/2013
Judgment of trial court denying appellant’s request for specific performance of the modifications clause of the settlement agreement affirmed; judgment of trial court denying appellant’s motion for reconsideration affirmed
0244132 Roger Wayne Moschler v. Kenco Group, Inc. and American Zurich Insurance Company 07/02/2013
Summary affirmance – no error in commission’s finding that appellant failed to prove by a preponderance of the evidence that his medical treatment beginning May 2011 was causally related to his November 2010 accident
1055122 Gilberto DeJesus, s/k/a Gilberto DeJesus, Jr. v. Commonwealth of Virginia 07/02/2013
Trial court did not err in instructing jury or in holding appellant’s arrest was lawful; convictions of assault and battery of a law enforcement officer affirmed
1527122 Calvin A. Tucker v. Commonwealth of Virginia 07/02/2013
No reversible error in trial court’s denial of appellant’s motion to vacate order appointing a special prosecutor where appellant had notice of entry of the order and an opportunity to object
2284124 Andres Vasquez v. Randstad North America and Indemnity Insurance Company of North American 07/02/2013
Summary affirmance – appellant has failed to comply with Rule 5A:20 and, as that failure is significant, Court will not consider his arguments
0261132 Thomas E. Walsh v. Virginia Commonwealth University 06/25/2013
Summary affirmance – trial court did not err in affirming hearing officer’s decision sustaining appellant’s termination
0249134 Didlake, Inc. and North River Insurance Company v. Zeb Goodwin 06/18/2013
Summary affirmance – no error in commission’s award of benefits
0868123 Kristen Michelle Walker v. Commonwealth of Virginia 06/18/2013
Trial court did not err in admitting into evidence exhibit showing value of items stolen as the exhibit did not violate appellant’s Sixth Amendment right of confrontation
1876123 Jill E. Hall v. Virginia Employment Commission and Process Management Technologies, Inc. 06/18/2013
Order of trial court affirming decision of VEC that appellant was disqualified from receiving unemployment benefits due to misconduct reversed where it did not address actual holding of the VEC; remanded to trial court to determine whether specific conduct that VEC relied upon constitutes misconduct under Code § 60.2-618
0016133 Lantz Construction Company and Cincinnati Insurance Company v. Michael B. Adams 06/11/2013
No error in commission’s finding that appellee’s left-side denervation procedure recommended by his doctor was causally related to appellee’s compensable injury for purposes of Code § 65.2 603(A)(1)
0246134 NPM, Inc. 25 and Merchants of Virginia G.S.I.A. v. John Benjamin Rodgers 06/11/2013
Summary affirmance – commission’s rulings regarding claims for compensation relating to appellee’s January 8, 2010 work-related accident affirmed
0954123 William Shane Webb v. Commonwealth of Virginia 06/11/2013
Appellant’s argument regarding whether he was punished for the same behavior under both Code § 18.2-272 and Code § 46.2-301 barred by Rule 5A:18 where appellant did not raise double jeopardy issue in trial court
1081121 Michael Andrew Forbes v. Keri E. Forbes 06/11/2013
Summary affirmance – no error in trial court’s order denying appellant’s motion to amend custody of the parties’ children
1268123 Jasmine Lanees Haley v. Commonwealth of Virginia 06/11/2013
No error in trial court’s finding that evidence was sufficient to prove appellant was complicit in the sale of the rented property to the pawnshop and was equally liable as the third party who sold the television
1933123 Johnny Leigh Crater v. Frances Jean Blevins Crater 06/11/2013
No error in trial court’s fifty-five/forty-five percent equitable distribution award; arguments regarding whether certain property purchased during the marriage was marital and the Farm Bureau IRA barred by Rule 5A:20
2214123 Jeff Freddie Gross v. Janice Honaker Gross 06/11/2013
Summary affirmance – trial court did not err in denying appellant’s motion to modify or terminate spousal support
2225122 Shannon Renee Wandell, f/k/a Shannon Renee Blankenship v. David Justin Connelly 06/11/2013
Summary affirmance – trial court’s order changing custody and visitation of the parties’ minor child affirmed
2309123 Gina Gibson, s/k/a Gina Mae Gibson Nelson v. Wise County Department of Social Services 06/11/2013
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest
0017134 Mitra R. Mortazie v. Mansour Mortazie 06/04/2013
Summary affirmance – trial court’s finding of contempt affirmed where issues are barred by Rule 5A:18
0665124 Samuel Linden Webber v. Commonwealth of Virginia 06/04/2013
Trial court erred in denying two of appellant’s challenges for cause of members of the venire; matter remanded to trial court
0854121 Jonathan David Bynum v. Commonwealth of Virginia 06/04/2013
Trial court did not abuse its discretion in finding victim competent to testify and permitting victim to testify; evidence was sufficient to prove appellant’s guilt of indecent liberties with a minor, rape of a victim under thirteen, aggravated sexual battery, and forcible sodomy
1194122 Earl Bradley, s/k/a Earl Lewis Bradley v. Commonwealth of Virginia 06/04/2013
Appellant’s argument that evidence was insufficient to prove he intended to distribute cocaine barred by Rule 5A:18; sentence imposed for violation of Code § 18.2-248.1(a)(1) exceeded statutory maximum and that matter remanded to trial court for resentencing
2184124 Ricky Parsons v. Diana Parsons 06/04/2013
Summary affirmance – trial court did not abuse its discretion in refusing to re-value property; other issues raised by appellant decided in previous appeal
2350122 Dana O. Orum, a/k/a Dana Pillois v. Buckingham County Department of Social Services 06/04/2013
Summary affirmance – trial court did not abuse its discretion in denying motion for continuance or in refusing to reopen evidence; evidence was sufficient to prove termination of appellant’s parental rights to her children was in their best interest
2352124 Ricky Parsons v. Diana Parsons 06/04/2013
Summary affirmance – trial court did not abuse its discretion in refusing to re-value property; other issues raised by appellant decided in previous appeal
1791124 Oracle USA, Inc. and Safety National Casualty Corporation v. Tina Tisinger 05/28/2013
Commission did not err in applying the law of the case doctrine in determining appellants failed to meet their burden regarding the second application to terminate benefits; evidence was sufficient to support a finding that appellee had causally-related depression after August 16, 2012
1802123 Philip C. Barker v. Commonwealth of Virginia 05/28/2013
No reversible error by trial court in admitting two of victim’s statements made to a third party; appellant’s issues regarding two additional statements made by victim barred by Rule 5A:18
2084122 Edward Barde v. Goochland County Department of Social Services 05/28/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his son pursuant to Code § 16.1-283(C)(2)
1133124 Daniel James Santos v. Commonwealth of Virginia 05/21/2013
Trial court did not err in denying appellant’s motion to suppress where appellant voluntarily consented to search of his vehicle subsequent to a consensual encounter
1616122 Oather J. Walker, Jr. v. Catherine R. Walker 05/21/2013
Trial court’s order and opinion granting divorce and spousal support affirmed; matter remanded to trial court to clarify amount of award to appellee of marital share of appellant’s retirement funds
1839124 Tania Granados Benitez v. Arlington County Department of Human Services 05/21/2013
No error in trial court’s order terminating appellant’s parental rights to her child where evidence proved appellant did not substantially remedy conditions leading to child being placed in foster care and that termination was in best interest of child; issue of relative placement barred by Rule 5A:18
2076123 Maggie S. Welch v. Bristol Department of Social Services 05/21/2013
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children
0660124 Erin Michelle Burnside v. Commonwealth of Virginia 05/14/2013
Trial court erred in admitting testimony of the preliminary breath test when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly; conviction of reckless driving reversed and remanded to trial court
0764122 Lorena Rodriguez Villareal, s/k/a Lorena Rodriguez-Villareal v. Commonwealth of Virginia 05/14/2013
Trial court erred in convicting appellant under Code § 46.2-391(D)(3) where appellant’s act of driving occurred entirely within the parking area of a strip mall parking lot and not on a highway
1140121 James A. Gunning v. Gail F. Gunning 05/14/2013
Summary affirmance – trial court’s order holding appellant in contempt for failing to refinance or take responsibility for a loan encumbering formal marital residence affirmed
2168122 Timothy W. Patterson v. Petersburg Department of Social Services 05/14/2013
Summary affirmance – appeal affirmed where transcript or written statement of facts is necessary for resolution of assignment of error raised on appeal
2276123 Commonwealth of Virginia v. Byron Howard Turner and Cynthia Marie Bonds 05/14/2013
Trial court erred in suppressing certain evidence obtained by the police upon entering appellees’ premises where officer had probable cause and exigent circumstances to enter premises without a warrant
0023133 C&R Coal Company and Old Republic Insurance Company v. Eura Dennis Roberts 05/07/2013
Summary affirmance – no error in commission’s finding that appellee’s claim for medical treatment is not barred by Code § 65.2-708
1166124 Terrye L. Richter and Rudy Richter v. Diana Nichole Manning, n/k/a Diana Nichole Perry 05/07/2013
No error in trial court’s order denying appellants visitation with their grandchild where appellants did not establish that child would suffer actual harm if they were denied visitation and trial court did not err in denying appellants’ request for a Rule 4:10 psychological examination of the child
1524121 Darlene Ishaya Bamaiyi v. Virginia Board of Nursing 05/07/2013
Trial court did not err in upholding appellee’s denial of appellant’s applications for reinstatement and endorsement to be a Certified Nurse Aide
1557124 Capital Area Pediatrics, Inc. and Twin City Fire Insurance Company v. Sharon Deann Eken 05/07/2013
No error in commission’s decision awarding appellee benefits for injuries that arose out of or in the course of her employment under the extended premises doctrine
1560121 George Tsoucalas v. Dimitra Tsoucalas, n/k/a Dimitra C. Markopoulos 05/07/2013
Trial court erred under the terms of the parties’ prenuptial agreement in granting appellee an equitable distribution award for her contributions to appellant’s home; trial court did not err in denying appellant’s request for reimbursement of household expenses during the marriage as that was not authorized by the prenuptial agreement
2187124 Sarah Caitlin Anderson v. Aaron Anderson 05/07/2013
Summary affirmance – no error in trial court’s order awarding primary physical custody of the parties’ child to appellee and ordering that child will attend school in county in which appellee resides
0126124 Lisa Alexander v. Commonwealth of Virginia 04/30/2013
No error in finding that evidence was sufficient to support finding that appellant made threatening phone calls; evidence was insufficient to support finding that appellant destroyed or disabled the cell phone – conviction of interfering with a 911 call reversed and dismissed
0805122 Dimitri Duane Baines v. Commonwealth of Virginia 04/30/2013
No reversible error in trial court’s admission of statements where the evidence as a whole, excluding the challenged statements, overwhelmingly proved that appellant was in violation of his probation
0837124 Kirk T. Milam v. Shelia J. Milam 04/30/2013
Final decree affirmed in part and reversed and remanded in part; trial court did not err in granting appellee’s motion for clarification or in denying appellant’s motion to reconsider and his motion to stay
1464122 Paul F. Kolmetz v. Charlotte L. Hitchcock, f/k/a Charlotte L. Kolmetz 04/30/2013
Trial court did not err in ordering appellant to reimburse appellee one-half of the cost of the medical and dental insurance for the parties’ son for so long as the insurance carrier deems him a dependent
1625124 Dale Warren Dover, etc. v. Alexandria Department of Community and Human Services, et al. 04/30/2013
Trial court did not err in dissolving the protective orders and entering a permanency planning order returning custody of the child to the child’s mother
2354124 Robert Lee High v. Michael L. Clark/Family Flooring, Twin City Fire Insurance Company, et al. 04/30/2013
Summary affirmance – no error in commission’s finding that it did not have jurisdiction because two men were partners and thus not counted as employees
0014133 Earnest Collins v. Lebo Mining Co. and Commerce and Industry Insurance Company 04/23/2013
Summary affirmance – no error in commission’s decision denying compensation for the occupational disease of coal worker’s pneumoconiosis pursuant to Code § 65.2-504(A)(1)
1137121 Robert Anthony Murray v. Commonwealth of Virginia 04/23/2013
Trial court did not err in denying appellant’s motion to suppress statement appellant made to officers as it was not obtained as a result of unlawful police coercion
1184124 JoAnn S. Tromza v. Robert Vossburg 04/23/2013
Summarily affirmed – no error in the order approving the final distribution and accounting of the transfer of the former marital residence
1187122 Jill Matthews Willson v. Robert Gardner Willson 04/23/2013
Final divorce decree affirmed where trial court did not abuse its discretion in refusing to grant appellant a continuance, in entering the final order without an additional hearing, in choosing the grounds for divorce when multiple grounds existed, in fashioning the equitable distribution award or in its calculation of spousal support to appellee
1742124 Mario R. Mirarchi v. Whistle Stop Hobbies, LLC and The Uninsured Employer’s Fund 04/23/2013
No error in commission’s finding that it did not have jurisdiction to consider appellant’s complaint as his employer did not have three or more employees regularly in service
2073124 Tracy Lane v. Emergency Veterinary Clinic and Selective Way Insurance Company 04/23/2013
No error in commission’s finding that injury appellant sustained when she slipped and fell in the parking lot of her employer did not occur in the course of her employment
0033122 Jodi Lynn Boley v. Commonwealth of Virginia 04/16/2013
Error in trial court’s order regarding amount of restitution owed victim where there was no evidence to show how the amounts on the victim impact statement were derived or how the losses were caused by appellant’s embezzlement
0047124 Derrick Ganson Maxwell, s/k/a Derick Ganson Maxwell v. Commonwealth of Virginia 04/16/2013
Appellant’s argument on appeal of whether trial court erred by responding sua sponte to questions posed by the jury outside the presence of counsel and appellant barred by Rule 5A:18 where appellant did not object when he first learned of the ex parte communication
0352122 Clifford Edward Sexton v. Commonwealth of Virginia 04/16/2013
Appellant’s argument regarding whether trial court erred in not applying all of the necessary elements of Code § 18.2-200.1 waived under Rule 5A:18; argument regarding sufficiency of the evidence did not meet the requirements of Rule 5A:12(c)(1)(ii)
1351122 Ainoy Siharath v. Commonwealth of Virginia 04/16/2013
No error in trial court’s finding that evidence was sufficient to prove appellant intended to utter or employ counterfeit bills as true
1430123 Tony Mark Herring, Jr. v. Commonwealth of Virginia 04/16/2013
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of attempted first degree murder and use of a firearm in commission of that offense; trial court erred in finding evidence sufficient to support convictions of abduction where it did not prove he intended to deprive victims of their personal liberty
2055122 Commonwealth of Virginia v. Carlos B. Hickman 04/16/2013
Trial court erred by suppressing evidence of marijuana and cocaine found on appellee’s person on grounds that National Park Service officer’s subjective intent to identify appellee was unreasonable
1195121 Andrew Lee Lewis, Jr. v. Commonwealth of Virginia 04/09/2013
Trial court did not err in finding the evidence sufficient to convict appellant of speeding; issue raised on appeal of whether the trial court erred in finding appellant guilty of driving while intoxicated is barred by Rule 5A:18 and the Court declines to apply the ends of justice exception
1413121 C. Jason Congleton v. Jade Congleton 04/09/2013
As appellant failed to object to the circuit court’s holdings concerning a material change of circumstances and its best interest analysis, Rule 5A:18 bars consideration of these issues and the good cause and ends of justice exceptions do not apply; Rule 5A:20 bars appellate consideration of the remainder of appellant’s arguments
1650123 Sarah Dillon v. Harrisonburg Rockingham Social Services District 04/09/2013
Judgment of trial court terminating appellant’s parental rights to her minor child affirmed where appellant did not preserve under Rule 5A:18 arguments raised on appeal
0240122 Derrick Brandon Graham v. Commonwealth of Virginia 04/02/2013
Trial court erred in finding evidence was sufficient to prove appellant entered victims’ house during the nighttime as charged in the indictments; convictions of statutory burglary and conspiracy to commit burglary reversed
0686122 Remone J. Houchens v. Commonwealth of Virginia 04/02/2013
Trial court did not err in admitting into evidence the 911 call made by the victim as it was in response to an ongoing emergency and was non-testimonial or in denying motion for a new trial as the after-discovered evidence would not produce an opposite result on the merits at a new trial
1287122 Mack Wilson Hopkins v. Commonwealth of Virginia 04/02/2013
Trial court did not abuse its discretion in amending order from prior revocation proceeding nunc pro tunc to add the period of suspension imposed in 2009 revocation proceeding or in revoking appellant’s suspended sentence
1326122 Betty M. Richards v. Robert E. Richards 04/02/2013
Summary affirmance – custody and visitation order regarding parties’ child is affirmed
1722122 7-Eleven and Indemnity Insurance Company of North America v. Carolyn Fore 03/26/2013
Commission did not err in finding that appellee was justified in refusing to undergo the osteotomy and in reinstating her disability benefits
2075123 Goodyear Tire & Rubber Company and Liberty Insurance Corporation v. Ronnell L. Wilson 03/26/2013
Summary affirmance – no error in commission’s findings that appellee’s claim was not barred by Code § 65.2-201, that he did not unjustifiably refuse medical treatment, that he adequately marketed his residual work capacity, and that he experienced a change in condition
2513112 Tyrone Tyree Roads v. Commonwealth of Virginia 03/26/2013
No error in sentencing order requiring appellant to pay court costs where appellant has not shown how Virginia’s recoupment statutes violate either the equal protection or due process clauses of the Constitution
1103124 Alexis Javier-Paz v. Commonwealth of Virginia 03/19/2013
Trial court did not err in denying appellant’s motion to suppress evidence obtained after stop of vehicle or in denying appellant’s motion for a new trial; issue regarding his sentence not considered as transcript of sentencing hearing was not timely filed
1109124 Brent C. Bousman v. Caitlin K. Lhommedieu 03/19/2013
Trial court did not err in invoking its contempt powers to enforce terms of earlier order awarding attorney’s fees to appellee or in concluding appellant was not entitled to an award of attorney’s fees where he did not raise a “substantially successful defense” to an action enforcing the parties’ agreements
1204112 Curtis Tyrell Montague v. Commonwealth of Virginia 03/19/2013
Trial court did not err in refusing appellant’s jury instruction on justifiable self-defense where record does not reveal a scintilla of evidence that appellant was without any form of fault in contributing to the affray with the victim
1563122 Alice Thaxton v. Halifax County Department of Social Services 03/19/2013
Summary affirmance – no error in trial court’s finding that termination of parental rights to her son was in child’s best interest
1642124 Jorge Alvarenga, Sr. v. Alexandria Department of Community & Human Services 03/19/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
1705122 John Thaxton v. Halifax County Department of Social Services 03/19/2013
Summary affirmance – no error in trial court’s finding that termination of parental rights to his son was in child’s best interest
1708123 Shonita Leftwich v. Roanoke City Department of Social Services 03/19/2013
Termination of appellant’s parental rights to her child affirmed as issue of whether trial court erred in finding termination was in child’s best interest barred by Rule 5A:18
0836124 Susan W. Forest v. John P. Forest, II Executor of the Estate of Christopher M. Forest 03/12/2013
Trial court erred in finding it lacked authority to enter a QDRO to modify a final decree where Code § 20-107.3(K)(4) did not prohibit the trial court from modifying the final decree for the limited purpose of effectuating the expressed intent of the final decree by enabling entry of appellant’s requested QDRO
2187124 Sarah Caitlin Anderson v. Aaron Anderson 03/12/2013
Summary affirmance – issue raised on appeal barred where trial court lacked jurisdiction to consider appellant’s motion for reconsideration after the twenty-one-day period expired and issue was only presented to trial court in the motion to reconsider
2492114 Charncey Laquinn Daniels v. Commonwealth of Virginia 03/12/2013
Evidence was sufficient to support appellant’s conviction of failing to stop after an accident where it was irrelevant whether appellant’s or victim’s actions were intentional or unintentional
0069124 Johnnie L. Moore v. Commonwealth of Virginia 03/05/2013
No error in trial court’s denial of appellant’s motion to suppress drug evidence seized during search incident to the arrest of appellant
0960121 James G. Cartier v. Commonwealth of Virginia 03/05/2013
Trial court erred in finding evidence sufficient to convict appellant of summary contempt where there was no evidence appellant intended to obstruct or interrupt the administration of justice; conviction of contempt reversed and dismissed
1393124 Giant Food LLC and Indemnity Insurance Company of North America v. Juliet 03/05/2013
Commission did not err in awarding appellee benefits where it found appellee’s injury arose out of her employment and her knee injury and disability were caused by her work injury
1577114 Marquis D. Edmonds v. Commonwealth of Virginia 03/05/2013
Trial court’s order terminating appellant’s commitment to Department of Juvenile Justice and revoking nine years of his suspended sentence affirmed where appellant’s arguments are barred by Rule 5A:18 and Court declines appellant’s invitation to invoke ends of justice exception
1756124 Galina L. Tarasova v. David H. Steare 03/05/2013
Summary affirmance – appellant’s failure to comply with Rule 5A:20(e) is significant and Court will not consider her assignments of error
2028121 Rent A Center, Inc. and Fidelity & Guaranty Ins. Co. v. Mary Beatrice Phillips 03/05/2013
Summary affirmance – no error in commission’s decision finding appellee’s claim was not barred by statute of limitations and appellee’s rights with respect to filing a claim were prejudiced by appellants’ failure to timely file a first report of accident with the commission
2056113 Dewayne Thomas Garrison, Sr. v. Commonwealth of Virginia 03/05/2013
Trial court did not err in denying appellant’s motion to suppress evidence where his encounter with officer began as a consensual one and appellant did not submit to officer’s show of authority as he attempted to flee scene once officer indicated he was calling a drug detecting dog
2133124 The Standard Companies, Inc. et al. v. Brian K. Smith 03/05/2013
Summary affirmance – commission did not err in affirming senior claims examiner’s determination that there was not probable cause to refer appellants’ application to the evidentiary hearing docket
2451113 David Michael Bomber v. Commonwealth of Virginia 03/05/2013
Trial court did not err in refusing to strike second-degree murder indictment or merge the aggravated malicious wounding indictment into the second-degree murder indictment where the offenses had separate and distinct elements allowing for prosecution under both statutes
0582124 Denese Michelle Merritt Canedo v. Guillermo Alberto Canedo 02/26/2013
Appeal dismissed as moot where there remain no “live” issues relating to the bond
0839121 Terrell Jermaine Whitley v. Commonwealth of Virginia 02/26/2013
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of robbery and conspiracy to commit robbery as a principal in the second degree where it found appellant was present, hung around the area of the robbery, and shared in the proceeds
0851124 Denese Michelle Merritt Canedo v. Guillermo Alberto Canedo 02/26/2013
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings
1454124 Barbara Williams-Davidson v. Inova Fairfax Hospital and Inova Health System Foundation, Inc. 02/26/2013
Commission did not err in denying appellant’s claim for benefits where the statute of limitations was not tolled under Code § 65.2-602
1581124 Krista Pinto v. Fairfax County Department of Family Services 02/26/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1672122 Commonwealth of Virginia v. Francisco Becerra-Ochoa 02/26/2013
Trial court erred in finding good faith exception to the exclusionary rule did not apply and in granting motion to suppress evidence from a search of appellee’s home
1743122 Roger Gordon v. Sarah McInerney 02/26/2013
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance
0002121 Anthony James Eason v. Commonwealth of Virginia 02/19/2013
Trial court did not err in denying appellant’s motion to set aside the verdict based on a claim of after-discovered evidence
0317121 Marshall Demetrius Moyd v. Commonwealth of Virginia 02/19/2013
No reversible error in trial court’s striking of juror for cause where appellant does not contend he was denied a fair and impartial jury
0445124 William Michael Berger v. Commonwealth of Virginia 02/19/2013
Trial court erred in finding evidence was sufficient to support conviction of improper driving where no evidence in record evinces reckless or negligent behavior on appellant’s part; conviction reversed and dismissed
1165124 Betty L. Vermillion v. Kevin R. Vagt 02/19/2013
Trial court’s decision denying appellant’s motion for a change in child custody affirmed where appellant did not present or proffer evidence of what she claimed to be changed circumstances
2385114 Benton Hitt Mayo v. Commonwealth of Virginia 02/19/2013
Trial court did not err in denying motion to suppress where it properly concluded that appellant was not illegally detained and that the ensuing search was consensual
1150124 A. M. v. Commonwealth of Virginia 1150-12-4 02/12/2013
Appellant’s conviction of indecent exposure reversed and dismissed where evidence did not support conclusion that appellant’s behavior was obscene as defined by Code § 18.2-372
1306123 Larry Donnell Smith v. Virginia Cast Stone, Inc. and Employers Preferred Insurance Company 02/12/2013
Summary affirmance – issues raised on appeal waived as appellant failed to comply with Rules 5A:4(d), 5A:20(c), 5A:20(d), 5A:20(e), and 5A:20(h) and his failure to comply with these rules is significant
1502123 Justin S. Kramer v. Angela M. Kramer 02/12/2013
Summary affirmance – final decree of divorce affirmed
0076123 Lantron Nikia Womack v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that circumstantial evidence was sufficient for trial court to conclude that appellant possessed the gun in plain view on the driver’s seat of vehicle and the cocaine found in the console of vehicle next to gun
0688123 David Eddie Lamb v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that evidence was sufficient to prove appellant obtained electrical service by fraud and that he had specific intent to defraud when he obtained that electrical service
0710123 Linda Russell Lamb v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that evidence was sufficient to prove appellant received adequate notice of the disconnection of her electric service; appellant’s conviction of obtaining utility service without payment affirmed
0787114 Roger Bowman v. Commonwealth of Virginia 02/05/2013
Appellant’s conviction of grand larceny by embezzlement reversed where fatal variance existed between indictment and evidence presented at trial
1103114 Robert William Dougherty v. Commonwealth of Virginia 02/05/2013
As appellant failed to provide a sufficient record on appeal, this Court is unable to determine whether the trial court erred by failing to honor appellant’s plea agreement
1665123 Commonwealth of Virginia v. William Wade Henderson, III 02/05/2013
Trial court did not err in granting motion to suppress where trial court properly found that while probable cause existed for officer to go on premises, record is devoid of facts supporting exigent circumstances or that appellee gave consent to search his property
1885112 Ricky Ray Perdue, Jr. v. Commonwealth of Virginia 02/05/2013
Trial court did not err in finding evidence was sufficient to prove appellant constructively possessed the cocaine residue found in a metal tin at his feet in parked vehicle
2481112 Joseph Arthur Luis Klevenz v. Commonwealth of Virginia 02/05/2013
Trial court did not err in finding evidence was sufficient to support conviction of forcible sodomy or in finding victim was competent to testify; issues regarding motion for access to residence where crime occurred and trial court’s failure to administer oath to victim waived as they were not presented to trial court
0114122 Mondrell Laquint Smith, Jr. v. Commonwealth of Virginia 01/29/2013
Trial court erred in refusing to instruct jury on the law of self-defense and defense of others; conviction for felony cruelty to animal resulting in death reversed and remanded to trial court
0355123 Amanda Jean Toney v. Commonwealth of Virginia 01/29/2013
Trial court did not err in admitting results of appellant’s breathalyzer test
0443123 Ronda Brooks Parrish, s/k/a Rhonda Brooks Parrish v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s motion to suppress evidence obtained during a warrantless stop where appellant’s conduct gave rise to a reasonable inference she was engaged in criminal activity and the officer had reasonable suspicion to conduct a Terry stop
1269124 Deatra Burch v. City of Alexandria, et al. 01/29/2013
Summary affirmance – trial court did not err in dismissing appellant’s appeals from the juvenile court because it did not have jurisdiction where appellant did not file a timely written notice of appeal
2483112 George William Ferguson, Jr. v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s motion to suppress evidence recovered where officer had reasonable suspicion to believe criminal activity was afoot
2487114 Kenston Kangson Yi v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s proposed jury instructions, in denying appellant’s motion to suppress evidence discovered upon entry into appellant’s home, in denying appellant’s motion to suppress statements appellant made to police, or in holding that a statement made by one victim’s mother was not an excited utterance
2556112 Reginald Welford Watson, III v. Commonwealth of Virginia 01/29/2013
No error in trial court’s finding that fair market value of items stolen met the minimum $200 threshold to support conviction of grand larceny; trial court did not err in sentencing appellant to a term of active incarceration
0241124 Leonel Alexander Vasquez v. Commonwealth of Virginia 01/22/2013
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea where it found appellant failed to establish a good faith basis for withdrawal of his plea
0862124 Deborah Marie Collins v. Michael Joseph Collins 01/22/2013
Trial court did not err in granting motions to reconsider and hearing further evidence or in awarding attorney’s fees to appellant; trial court erred in not assigning a value to the business and not including it in its equitable distribution of the marital estate; award of spousal support also remanded to trial court to recalculate
1156123 Donita Estep v. Virginia Retirement System 01/22/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits
1157123 Teresa Stiltner v. Virginia Retirement System 01/22/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits
1377121 Noah Schwartz, Jr. v. Amy Elizabeth Schwartz 01/22/2013
Summary affirmance – trial court did not abuse its discretion in finding a change in circumstances based upon appellee’s testimony and in awarding appellee spousal support; other issues waived under Rule 5A:20
1420121 Commonwealth of Virginia v. Alvin Daniel Gatewood 01/22/2013
Trial court did not err in granting appellee’s motion to suppress statements made during interview with social worker where it found appellee did not knowingly, intelligently, and voluntarily waive his Fifth and Sixth Amendment rights
1486124 International Technology Industry, Inc. v. Dylan Cannon 01/22/2013
Summary affirmance – issues raised on appeal waived where appellant’s failure to comply with Rule 5A:20 is significant
1513121 Commonwealth of Virginia v. James Elmber Hudgins 01/22/2013
Trial court erred in granting appellee’s motion to suppress where it held community caretaker exception only applies in situations where public safety is at risk; properly applied, community caretaker exception justified inventory search of appellee’s truck
1569114 Flor De Maria Benitez Rios v. Commonwealth of Virginia 01/22/2013
Issues regarding whether trial court erred in denying motion to strike and sufficiency of evidence waived where appellant did not make a motion to strike at conclusion of all the evidence and did not move to set aside the verdict
1667122 Morris Tile Distributors of Richmond, Inc. et al. v. Azita Dubois 01/22/2013
Summary affirmance – no error in commission’s award of permanent partial disability benefits to appellee for her left shoulder
0038121 Mariam Wallace-Lee Guirguis, f/k/a Mariam Guirguis Salib v. Victor Fahim Salib 01/15/2013
Trial court did not err in vacating December 8, 2009 show cause order more than twenty-one days after its entry as it was not a final order; trial court erred in finding evidence proved separation agreement was unconscionable
0092121 Dawit Alemayehu Habtemariam v. Commonwealth of Virginia 01/15/2013
No error in appellant’s conviction of forcible sodomy where Commonwealth’s evidence was sufficient to prove penetration
0916122 Zaskecha Washington v. Fredericksburg Department of Social Services 01/15/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four children
0961121 Andrea Michelle Lofton v. Norfolk Department of Human Services 01/15/2013
Summary affirmance – order terminating appellant’s parental rights to her child affirmed
1102122 Dan Procise v. Suitt Construction Company, et al. 01/15/2013
Summary affirmance – Court will not consider appellant’s arguments as his failure to comply with Rule 5A:20 is significant
1228122 The Uninsured Employer’s Fund v. William R. Carter 01/15/2013
Commission’s order awarding appellee interest on an award in unclear on its face as to the party responsible to pay the interest; matter remanded to commission to clarify its order
1648123 Karen D. Ware v. Central Virginia Training Center/Commonwealth of Virginia 01/15/2013
Summary affirmance – commission’s finding that appellant failed to meet her burden of proving a prima facie case that she was underpaid her workers’ compensation benefits affirmed
0514122 James Emmett Hines, Jr. v. Commonwealth of Virginia 01/08/2013
Trial court erred in finding evidence was sufficient to prove appellant was the criminal agent responsible for the victim’s injuries; conviction of malicious wounding reversed and indictment dismissed
0576124 Target Corporation and Sedgwick Claims Management Services v. Wilma Velasquez 01/08/2013
Commission did not err in awarding permanent partial disability benefits to appellee where appellee filed her claim for the benefits well within the thirty-six month time period prescribed by Code § 65.2-708(B) and fact that the evidence supporting claim was not obtained until after that time period had passed does not bar claim
0670123 Crystal Marie Lewis v. Pulaski County Department of Social Services 01/08/2013
Termination of appellant’s parental rights affirmed where record does not contain a transcript of the trial proceedings and the written statement of facts in record was not timely filed; transcript or statement of facts is indispensable to determination of issue raised on appeal
1446111 Jarice Lamier Royal v. Commonwealth of Virginia 01/08/2013
No reversible error in trial court’s denial of appellant’s motion to suppress statements made during an interview where from evidence presented there is no reasonable possibility that the admission of those statements contributed to appellant’s conviction
1701124 Viking Contracting, Inc. and Liberty Insurance Corporation v. Maria Elena Aliaga 01/08/2013
Summary affirmance – no error in commission’s decision that appellee was totally disabled and had no duty to market her residual work capacity
1888114 Michael Donnell Green v. Commonwealth of Virginia 01/08/2013
Appellant’s conviction of use of a firearm in commission of a felony affirmed where record does not show that trial court ruled on the specific argument appellant raised on appeal and, accordingly, there is no ruling of the trial court for this Court to review
1323121 Dish Network Corporation, et al. v. Robert Lawrence Robinson, Jr. 12/26/2012
Summary affirmance – no error in commission’s finding that statute of limitations did not bar appellee’s claim for surgery for cubital tunnel syndrome and related disability benefits and appellee met his burden to establish that his ulnar nerve problem is causally related to his injury
1395124 Narinder Singh v. Babita Rani 12/26/2012
Appellant’s issue of whether trial court erred in deviating from the presumptive child support guidelines without making written findings barred by Rule 5A:18
1532123 Steven Wayne Smith v. Crown Construction Management Services, Inc. et al. 12/26/2012
Summary affirmance – no error in commission’s award of benefits to appellant
0575101 Donald Joseph Conley v. Commonwealth of Virginia 12/20/2012
Court reinstates the panel's June 15, 2011 judgment
0269121 John Carroll Campbell, II v. Commonwealth of Virginia 12/18/2012
Trial court properly denied appellant’s pretrial motion for appointment of a special prosecutor and appellant waived any further objection by failing to renew that objection at trial; evidence was sufficient to support convictions
0273121 Marquice Bynum v. Commonwealth of Virginia 12/18/2012
Trial court did not err in denying appellant’s motion to suppress the cocaine recovered from a search incident to appellant’s arrest where officer had probable cause to arrest appellant at the point where appellant dropped his coat in the street
0305121 Bruce Edward Cahill v. Maureen A. Cahill 12/18/2012
Final decree of divorce affirmed where Court is unable to consider issues raised on appeal as appellant did not file a transcript of the hearing and trial court certified appellant’s proposed statement of facts was incomplete, failed to accurately represent the full trial record, and a transcript was available
0478121 Craig Rodney Lewis v. Commonwealth of Virginia 12/18/2012
Trial court did not err in convicting appellant of possession of cellular phone by a prisoner where Code § 18.2-431.1 applies to prisoners of local as well as state correctional facilities and evidence was sufficient to support convictions
0499121 Nahfis Talib Assem Nichols v. Commonwealth of Virginia 12/18/2012
Conviction of conspiracy to commit first-degree murder reversed where evidence did not exclude reasonable hypothesis of innocence that appellant was merely aiding and abetting the commission of the murder of the victim and did not prove beyond a reasonable doubt that he entered into an agreement to kill the victim
0655121 Brian David Dudash v. Commonwealth of Virginia 12/18/2012
Revocation of appellant’s suspended sentence reversed where appellant’s probationary period had not been validly extended and had expired at the time of the violation
0805112 Kevin Meredith Lucas v. Commonwealth of Virginia 12/18/2012
Appellant’s convictions of second-degree murder and felony child neglect affirmed where appellant cannot challenge on appeal the jury instructions he agreed the trial court should give to the jury
1621113 Rodney Lamar Carter v. Commonwealth of Virginia 12/18/2012
Trial court did not abuse its discretion in admitting into evidence a certified copy of the certificate of analysis; conviction of possessing cocaine with intent to distribute, third or subsequent offense affirmed
2466111 Savannah A. O’Berry v. Commonwealth of Virginia 12/18/2012
Trial court did not err in finding evidence was sufficient to prove that child victim’s injury was the result of a willful act on appellant’s part and was not the result of an accidental trip and fall as appellant alleged
0106121 Carol L. Brooks v. Commonwealth of Virginia 12/11/2012
Trial court erred in refusing jury instructions on self-defense and heat of passion where there was evidence to support them
0263124 Quijang Wang, a/k/a Julie Wang v. Jack Ray Crumpacker 12/11/2012
Summary affirmance – issues raised on appeal barred by Rule 5A:18 and Rule 5A:8; additional issue moot
0331123 Sherrie L. Hustead v. City of Roanoke Department of Social Services 12/11/2012
Summary affirmance – appellant failed to provide an adequate appendix or exact references as to where she preserved her issues raised on appeal; these failures to comply with Rules 5A:20 and 5A:25 are significant
1120124 Assell Ibrayeva v. Andrei J. Kublan 12/11/2012
Summary affirmance – no error in final divorce decree
0189121 Jamal Ferebee v. Commonwealth of Virginia 12/04/2012
No error in trial court’s finding that evidence was sufficient to support conviction of possession of marijuana with intent to distribute where fact finder could properly infer appellant knew of the nature and character of the marijuana in the vehicle
0446124 Madiha Gobashi v. Fairfax County Public Schools 12/04/2012
No error in commission’s finding that appellant’s right knee injury did not arise out of her employment and concluding that appellant was not entitled to temporary total disability benefits and medical benefits
1032112 Jennifer Nicole Shifflett v. Commonwealth of Virginia 12/04/2012
Trial court erred in finding evidence was sufficient to support convictions of felony child neglect where evidence did not establish children were exposed to a probability or substantial risk of serious injury or death; convictions reversed
1139121 Rebecca Lewis v. Stephen Bailey 12/04/2012
Summary affirmance – no error in trial court’s order dismissing appellant’s request for contribution from appellee for their child’s private school tuition and child care costs
2381113 David John Neuhs v. Patricia Ann Richardson Neuhs 12/04/2012
Equitable distribution award affirmed in part, reversed in part, and remanded to trial court for reconsideration; trial court also to reconsider issue of spousal support
0218123 Mary Hampson v. Virginia Employment Commission, et al. 11/27/2012
No error in trial court’s order affirming decision of Commission denying appellant unemployment benefits
0445124 William Michael Berger v. Commonwealth of Virginia 11/27/2012
Appeal dismissed where appellant’s assignment of error is insufficient under Rule 5A:12(c)(1)(ii)
0719122 Willie Alvin Patron, Jr. v. Andrea A. Furtado 11/27/2012
No error in trial court’s final divorce decree classifying certain property as jointly owned when appellant asked it to do so, awarding primary custody of parties’ child to appellee, in ordering appellant to pay child support to appellee, or in assessing attorney’s fees against appellant
1084114 Carol Mosca v. Commonwealth of Virginia 11/27/2012
Trial court erred in applying the preponderance of the evidence standard when the correct standard to be applied was beyond a reasonable doubt; order declaring appellant in violation of Code §§ 3.2-6569 and 3.2-6500 reversed and matter remanded to trial court for new trial applying correct burden of proof
1532111 Myron Lewis v. Commonwealth of Virginia 11/27/2012
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant participated in a conspiracy to commit robbery and did not merely aid and abet the robbery
1937111 Aaron Christopher Searcy v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to prove an agreement to commit robbery; conspiracy conviction affirmed
2173112 Hollie Ann Swann v. Commonwealth of Virginia 11/27/2012
Evidence was insufficient as a matter of law to convict appellant for possession of ammunition as a convicted felon; conviction reversed and final judgment entered
2417111 Darris Altony Newsome v. Commonwealth of Virginia 11/27/2012
Trial court did not err in refusing to allow a witness to testify as to victim’s reputation for truth and veracity where based on proffer to trial court the witness had too narrow a foundation for her testimony to be admissible as evidence of victim’s general reputation for truthfulness
2566111 Christopher Burkeen v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where appellant’s act of punching victim in the face with great force and without provocation combined with the severity of the victim’s injuries proved requisite intent
2582112 De’mon Lamont Berry v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to support convictions of robbery, possession of a firearm after having been previously adjudicated delinquent of an offense that would be violent felony if committed by an adult, and use of a firearm in commission of robbery
0237122 Mark A. Vannatta v. Linda M. Vannatta 11/20/2012
No error in trial court’s award of spousal support to appellee where trial court properly considered the Code § 20-107.1(E) factors; trial court did not err in limiting the award to a defined duration
0285123 Commonwealth of Virginia, Dept. of Professional and Occupational Regulation, etc. v. Karen Mathesius 11/20/2012
Trial court abused its discretion by considering additional evidence on appeal that was not contained in the agency record, by finding that the Board’s decision was arbitrary and capricious, and by reversing the Board’s decision denying appellee’s claim
0359124 Samuel David Burns v. Jennifer Carol Burns, n/k/a Jennifer Carol Boelter 11/20/2012
Error in trial court’s holding that consent order from August 2010 precluded appellant from seeking modification of child support where that order addressed child custody and visitation only
0906124 Melissa Owens v. Winchester Department of Social Services 11/20/2012
Trial court did not err in terminating appellant’s parental rights to her child where appellant did not demonstrate that she remedied her situation and that she was capable of taking care of the child
0985123 Commonwealth of Virginia v. Elbert Smith, Jr. 11/20/2012
Trial court erred by concluding Code § 19.2-243 barred appellant’s prosecution under a new set of indictments when it reconsidered its decision from appellant’s first proceeding where indictments had been nolle prosequied and did not run speedy trial time limits anew in the second proceeding
0986123 Heather Witt v. Harrisonburg Rockingham Social Services District 11/20/2012
Trial court did not err in changing the goals of the foster care plans to adoption, in finding termination was in the best interests of appellant’s children, or in terminating appellant’s parental rights to her children
1379123 Sara J. Rosenfelt v. Harrisonburg Rockingham Social Services District 11/20/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(E)
2121113 Wesley L. Wooddell v. Simone M. Lagerquist 11/20/2012
Trial court erred in finding appellant was a non-parent to the child and in holding that appellant lacked standing to seek custody or visitation with the child
2441113 The Dealer's Lot, Inc. and Erie Insurance Exchange v. Lydia Carol Jenkins 11/20/2012
No error in commission’s finding that appellants’ pre-approval of appellee’s surgery followed by the subsequent refusal to cover the cost of the surgery after it had been performed was plainly unfair and resulted in a clear imposition to appellee
2543113 Matthew Tyler King v. Commonwealth of Virginia 11/20/2012
No error in trial court’s finding that evidence was sufficient to prove appellant, while a prisoner, knowingly possessed razor blade found beneath a sticker on his drinking cup
1113122 Commonwealth of Virginia v. Denise Stacy-Ann Crooks 11/15/2012
Trial court did not err in granting appellee’s motion to suppress where the consent, search, and evidence seized were the product of an illegal detention and were illegally obtained
0013122 Jonathan Donell Burton v. Commonwealth of Virginia 11/13/2012
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that criminal activity was afoot and that appellant might be armed and dangerous
0077124 Damon James Bernard Taylor v. Angela Paige Taylor 11/13/2012
Summary affirmance – equitable distribution award affirmed; as appellant failed to comply with Rule 5A:20(e) and that failure is significant, additional issues regarding marital property will not be considered
0084124 Damon James Bernard Taylor v. Angela Paige Taylor 11/13/2012
Summary affirmance – appellant’s issues regarding visitation will not be considered as appellant failed to comply with Rule 5A:20(e)
0402121 Thurston L. White, Jr. v. Commonwealth of Virginia 11/13/2012
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to believe the package contained narcotics
0899121 William Lester Graham v. Amy Lorraine Owens and James Brian Owens 11/13/2012
Summary affirmance – trial court did not err in denying appellant’s motion to strike and granting the petition for adoption when adoption was in best interest of child and appellant was withholding his consent contrary to best interest of child
1957112 Clifton Lee Harris v. Laura Teresa Harris 11/13/2012
No error in trial court’s finding that appellant did not prove by clear and convincing evidence that appellee was cohabitating with her boyfriend; appellant’s issue regarding lay opinion testimony waived under Rule 5A:20(e)
0129122 Nikolaos Kollas v. Commonwealth of Virginia 11/06/2012
Trial court erred in admitting the tuning fork calibration certificates into evidence where the certificates failed to meet the authentication and certification requirements of Code § 8.01 391(B)
0183122 Clifford B. Roye v. Commonwealth of Virginia 11/06/2012
Trial court erred in revoking appellant’s suspended sentence is excess of the actual time he had remaining; matter remanded to trial court for imposition of new revoked sentence
0609121 Shawn Parker v. Virginia Beach Department of Human Services 11/06/2012
Summary affirmance – trial court did not abuse its discretion in finding that termination of appellant’s parental rights to his child was in child’s best interest and that there was sufficient evidence to support termination
0610121 Shawn Parker v. Virginia Beach Department of Human Services 11/06/2012
Summary affirmance – trial court did not abuse its discretion in finding that termination of appellant’s parental rights to his child was in child’s best interest and that there was sufficient evidence to support termination
0761124 Joanne Harrison v. Veolia-Lorton and Old Republic Insurance Company 11/06/2012
Summary affirmance – Court will not consider appellant’s arguments she failed to comply with Rule 5A:20 and that failure is significant
1584111 Murrae Fonche Mack v. Commonwealth of Virginia 11/06/2012
Appeal dismissed where appellant failed to note an assignment of error cognizable before this Court; additional assignments of error raised by appellant in his opening brief were not contained in his petition and were not granted by the Court and assignment of error in petition is inadequate and does not comply with Rule 5A:12(c)(1)(ii)
1819111 Stephen James Franklin v. Commonwealth of Virginia 11/06/2012
Trial court did not err in refusing to suppress appellant’s statements where appellant reinitiated contact with the detective when he attempted to take appellant before a magistrate; trial court did not err in denying appellant’s double jeopardy argument
2371111 Kathleen Susann Ganiere v. Commonwealth of Virginia 11/06/2012
Trial court did not abuse its discretion or prejudice appellant’s rights by refusing to continue a sentencing hearing so that appellant could rebut a putative expert opinion the court expressly refused to consider
0414122 William F. G. DeVillier v. Elizabeth R. DeVillier 10/31/2012
Summary affirmance – trial court did not err in interpreting the consent order and proceeding with the hearing as a modification of child support rather than an initial determination of child support
2036112 Troy J. Davis v. Commonwealth of Virginia 10/31/2012
Evidence was insufficient to prove appellant’s conduct was so gross, wanton, and culpable as to indicate a callous disregard of human life in violation of Code § 18.2-371.1(B); conviction reversed and indictment dismissed
0693124 Christopher Andre S. W. Quincer v. Commonwealth of Virginia, et al. 10/23/2012
Summary affirmance – trial court did not err in denying appellant’s motions and in granting appellee’s motions to dismiss
1667114 Felecia Amos v. Commonwealth of Virginia 10/23/2012
Petition for Rehearing En Banc granted
1961111 Phillip Howell Delain v. Commonwealth of Virginia 10/23/2012
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of statutory burglary
2225112 Demonte M. Burgess v. Commonwealth of Virginia 10/23/2012
Trial court did not err in denying appellant’s motion to remove a juror mid-trial after it was discovered that she was the cousin of a non-testifying bystander
0275122 Murray Hardison Wright v. Nancy Lind Mercer Wright 10/16/2012
Trial court’s order reducing appellant’s spousal support obligation affirmed
1726111 Travis Tremaine Gibbs v. Commonwealth of Virginia 10/16/2012
Evidence was sufficient for jury to find appellant guilty of use of firearm in commission of robbery; trial court did not err in instructing jury on firearm offense; as trial court erred in sentencing appellant in excess of the maximum set by the jury, convictions of robbery, wearing a mask, and conspiracy remanded for resentencing
1775112 Tyrone Younger v. Commonwealth of Virginia 10/16/2012
Trial court did not err in allowing the Commonwealth to introduce into evidence appellant’s statement as substantive evidence
1891111 Donte Devan Mitchell v. Commonwealth of Virginia 10/16/2012
Appellant’s conviction for use of firearm in commission of robbery reversed and final judgment entered where evidence did not establish the use or attempted use of a firearm or an instrumentality that had the appearance of a firearm
2107111 Jahkeem Al-Tamir Shepperson v. Commonwealth of Virginia 10/16/2012
No error in trial court’s finding that evidence was sufficient to support convictions of rape, sodomy, object sexual penetration, and abduction with intent to defile
2453114 Carletta Talaya Carter Stewart v. Commonwealth of Virginia 10/16/2012
Trial court did not violate Code § 19.2-299 or Judicial Canon 3B(7), two grounds raised on appeal, in reviewing a presentence report of a defendant in a related case
2617114 Gopalakrishnan Subramanian v. Ranjeetha Ravichandran 10/16/2012
Order of trial court refusing to enter appellant’s draft order granting him a divorce affirmed where appendix does not contain records from trial court necessary to support his assertions of where he preserved his assignments of error and his statement of facts, which was included in appendix, was not signed by trial judge
0470123 Nickey Daniel Hatcher v. Bristol, Virginia Department of Social Services 10/09/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(1) and (C)(2)
0688113 Damien Davon Benguche v. Commonwealth of Virginia 10/09/2012
No error in trial court’s finding that evidence was sufficient to prove appellant’s constructive possession of the firearm; conviction of possession of firearm by convicted violent felon affirmed
0791113 Connie Beth Klewer v. Commonwealth of Virginia 10/09/2012
Trial court did not err in finding evidence was sufficient to support convictions for electronic solicitation of a minor and possession of child pornography or in finding Russell County was proper venue to prosecute cases; issue regarding whether images of appellant’s breasts constitute “sexual or genital parts” barred by Rule 5A:18
1033123 Tai Sharrock v. Shenandoah Valley Department of Social Services 10/09/2012
Summary affirmance – termination of appellant’s parental rights to her child affirmed where appellant presented no argument in support of her assignment of error and failed to file a transcript or statement of facts which is indispensable to determination of sufficiency of evidence to support termination
1326113 Othesues Delano Hairston, s/k/a Othersues Delano Hairston v. Commonwealth of Virginia 10/09/2012
Trial court did not abuse its discretion in admitting evidence of drugs recovered from vehicle in which appellant was a passenger when charge for which he was on trial was possession of a firearm by a convicted felon and was not drug related
1828113 Keith Lamonte Hill v. Commonwealth of Virginia 10/09/2012
Trial court did not err in denying appellant’s motion to suppress where, even assuming that placement of GPS device constituted unreasonable search or seizure, independent sources provided probable cause for appellant’s arrest and the accompanying search of his vehicle
1925111 Jennifer Sherrice Milton v. Commonwealth of Virginia 10/09/2012
Trial court did not err in denying appellant’s motion to withdraw her guilty plea where appellant did not present evidence that “manifest injustice” occurred when she entered her guilty plea
2086113 Robert S. Jones v. Cristobel O. von Hemert Jones 10/09/2012
Trial court did not err in classifying small farm as appellee’s separate property, in finding appellant did not prove outstanding debts to his friends, in determining rental value of rental home as a marital asset or in determining value or horses; equitable distribution award affirmed
2245111 Joey Demeral Jernigan v. Commonwealth of Virginia 10/09/2012
Appeal dismissed where assignment of error was insufficient and did not address an error of trial court
0857123 Richard Ellis v. Harrisonburg-Rockingham Social Services District 10/02/2012
Summary affirmance – no error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to his child where termination was in child’s best interest
1303113 David Andrew Kelley v. Commonwealth of Virginia 10/02/2012
Trial court did not err in admitting evidence that appellant possessed other stolen trailers and lawn mowers not at issue in this proceeding where the probative value outweighed any prejudice and jury was given an instruction limiting the purpose for which the evidence could be considered
1731112 Donald William Hall, II v. Commonwealth of Virginia 10/02/2012
Trial court did not err in finding evidence was sufficient to convict appellant of felony eluding or in finding appellant’s conviction was not prohibited by constitutional or statutory double jeopardy bars
2069112 Kerry O’Brien Smith v. James Brown Smith, III 10/02/2012
Summary affirmance – final divorce decree affirmed where issues procedurally defaulted under Rules 5A:18, 5A:20, and 5A:25
2195111 France Arthur Brokenberry v. Commonwealth of Virginia 10/02/2012
Trial court did not err in denying appellant’s motion for appointment of an expert in field of sleep disorders because the expert witness testimony was irrelevant to any issue at trial
2207112 Javaughn Marquel Breland v. Commonwealth of Virginia 10/02/2012
Trial court did not err in denying appellant’s motion to strike abduction charge where abduction was separate and apart from, and not merely incidental to, restraint used in the assault and battery
2275112 Sherrie Norma Foster v. Commonwealth of Virginia 10/02/2012
No error in trial court’s finding that appellant agreed with another to meet informant in order to sell him cocaine and that appellant’s part in the conspiracy was neither innocent nor inadvertent
0307124 Ronald Anthony Lilley v. Jill Wilson 09/25/2012
Trial court’s order regarding child support and an award of attorney’s fees to appellee for a hearing on the statement of facts challenge affirmed
0556122 Brian Anthony McPhail v. Gracie Stinnett McPhail 09/25/2012
No error in trial court’s child support order interpreting the parties’ property settlement agreement
1429112 James Clelan Massa v. Commonwealth of Virginia 09/25/2012
Trial court did not err in finding evidence was sufficient to support grand larceny conviction where evidence proved appellant abandoned weapon and never expressed any intent to return it to its owner; conviction of possession of concealed weapon by a felon affirmed pursuant to Rule 5A:18
0914124 Manorcare Health Services, et al. v. Shannon L. Walker 09/18/2012
Summary affirmance – no error in commission’s finding that appellants are responsible for the cost of appellee’s ongoing medical treatment for her lower back as it is necessary, reasonable, and causally related to her work accident
0592124 Prasad Ponnekanti v. Usha Ananthapadmanabhan 09/11/2012
Summary affirmance – no error in trial court’s order regarding child support or attorney’s fee award
0694122 Michael-David Robinson v. Carmella Fran Robinson 09/11/2012
Summary affirmance – no error in trial court’s interpretation of the Agreement between the parties regarding the date of valuation of the parties’ former marital residence
2571114 Kevin Logan, Jr. v. Fairfax County Department of Social Services 09/11/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his five children
2608114 Jennifer Logan v. Fairfax County Department of Social Services 09/11/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children
0572122 Mark L. Byrd v. Melinda C. Byrd 09/04/2012
Summary affirmance – judgment of trial court awarding rehabilitative spousal support affirmed as appellant failed to address factors considered by trial court in his brief, the appendix failed to include any testimony or other incidents of case germane to assignment of error, and replacement brief falls short of threshold showing of adequacy
0706122 Charles Smith v. Lewis Tree Service and American Zurich Insurance Company 09/04/2012
Summary affirmance – decision of commission finding appellant did not prove he suffered a compensable injury by accident affirmed
0833122 City of Fredericksburg and VML Insurance Programs v. Juanna Grijalva 09/04/2012
Summary affirmance – decision of commission awarding temporary total disability benefits to appellee affirmed
0834124 EG&G Technical Services, Inc. et al. v. Cheryl L. Tiffany 09/04/2012
Summary affirmance – decision of commission reinstating disability benefits to appellee affirmed
2344111 Tamena Wilson v. Fitzgerald Britton 09/04/2012
Summary affirmance – order awarding legal and physical custody of parties’ child to appellee affirmed; issue regarding violation of a prior order of the court barred by Rule 5A:18
0574123 Sybil Moody v. Shenandoah Valley Department of Social Services 08/28/2012
Summary affirmance – as appellant provided an insufficient record to this Court, we are unable to review her assignment of error
0942123 Daniel Burnette v. Bristol Department of Social Services 08/28/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
2394104 J. David Pratt v. Morgan Patricia Pratt 08/21/2012
Upon rehearing by panel – error in trial court’s equitable distribution award; case remanded to trial court
0301124 Tahira Naseer v. Hamid Moghal 08/14/2012
Trial court did not err in granting appellee an annulment where appellee presented clear and convincing evidence that appellant had not obtained a legal divorce before she married appellee
0846121 Disamodha C. Amarasinghe, M.D. v. Commonwealth of Virginia et al. 08/14/2012
Summary affirmance – a transcript or written statement of facts of the March 21, 2012 hearing is indispensable to a determination of issues appellant raises on appeal; record on appeal does not contain that transcript or written statement of facts
1667114 Felecia Amos v. Commonwealth of Virginia 08/07/2012
Judgment of trial court finding appellant in summary contempt affirmed as appellant failed to preserve her assignments of error on appeal and the ends of justice exception of Rule 5A:18 does not apply
2095114 Richard Clayton v. State Building Code Technical Review Board 08/07/2012
Trial court did not err in finding appellee committed no error of law and upholding its finding that neither the Statewide Fire Prevention Code nor the Virginia Public Building Safety Regulations requires the retrofitting of firestops in appellant’s building
2529112 Brandy Nicole Beard v. Halifax County Department of Social Services 08/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children where appellee presented clear and convincing evidence to support the termination
0064121 Lisa Dolak v. Virginia Beach Department of Human Services 07/31/2012
Appellant’s argument that trial court erred in terminating her parental rights to child in her absence waived under Rule 5A:18 where appellant was given proper notice of the hearing and did not appear and signed final order “[s]een and objected to” with no grounds given for the objection
0065121 Jarrod Dolak v. Virginia Beach Department of Human Services 07/31/2012
Appellant’s argument that trial court erred in terminating his parental rights to child in his absence waived under Rule 5A:18 where appellant was given proper notice of the hearing and did not appear and signed final order “[s]een and objected to” with no grounds given for the objection
0351122 Michael C. Wallace, Sr. v. Anita W. Wallace 07/31/2012
Summary affirmance – trial court’s order regarding payment of appellant’s son’s student loans affirmed
2542112 CJW Medical Center and ACE American Insurance Company v. Michelsha Wallace 07/31/2012
Commission erred in finding appellant’s injury arose out of her employment where it incorrectly applied the actual risk test to the undisputed facts of this case
0394124 Eric Eliezer Nelson v. Elizabeth Groff Sanders 07/24/2012
Summary affirmance – as appellant has raised in a previous appeal the same assignments of error between the same parties with the same facts, the decision of this Court in the prior case is the law of the case
0583111 Orna Lee Terrell v. Commonwealth of Virginia 07/24/2012
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where it found there was no good faith basis to withdraw the plea
1595114 Kevin Jack Johnson v. Commonwealth of Virginia 07/24/2012
Appellant’s conviction of larceny, third or subsequent offense affirmed where trial court’s admission of other crimes evidence was harmless
2042114 Sheila E. Brennan v. Paul D. Albertson 07/24/2012
Trial court did not err in finding appellant was cohabiting in a relationship analogous to marriage and in terminating the previously ordered spousal support
0037124 Sharon Ruth Tucker v. John Harrison Clarke 07/17/2012
Summary affirmance – no error in trial court’s custody order awarding appellee sole legal and physical custody of parties’ child
0395122 John E. Venable v. S & M Brands, Inc. and Commerce & Industry Insurance Company 07/17/2012
Summary affirmance – no error in commission’s finding that appellant did not suffer a compensable spinal injury as a result of his work-related accident and that his spinal surgery and related medical expenses were not the result of his work-related accident
1682112 Jamar Anthony Williams v. Commonwealth of Virginia 07/17/2012
Appellant’s conviction of grand larceny of rental vehicle affirmed where appellant had recent, exclusive possession of stolen vehicle and his false explanation were sufficient to justify inference appellant was the thief; Chesterfield County was proper venue to prosecute case
1875114 Kaipha Sherman Brown v. Kadiatu Kukie Brown 07/17/2012
Summary affirmance – final decree of divorce affirmed; trial court did not err in denying appellant’s request for spousal support or in awarding attorney’s fees to appellee; other issues barred by Rule 5A:18, 5A:20 and waiver
2559111 Joseph Michael Russell v. Nancy Lynne Russell 07/17/2012
Trial court did not err in dismissing appellant’s motion to show cause and motion to vacate orders relating to his divorce action where trial court had subject matter jurisdiction over the child custody issue and appellant did not properly challenge the orders in the trial court
0092111 Lendell C. Bryant v. Commonwealth of Virginia 07/10/2012
Appellant’s conviction of selling or distributing stolen property under Code § 18.2-108.01(B) reversed where appellant was convicted for an offense not charged in the indictment and not properly viewed as a lesser-included offense of Code § 18.2-108.01(A)
0314123 Commonwealth of Virginia v. Lisa Waller Butcher 07/10/2012
Trial court erred in suppressing appellee’s statements made during a station house interview conducted four months before her arrest where officer did not violate appellee’s Miranda rights; matter remanded to trial court for trial
0385111 Antwone Linn Jackson v. Commonwealth of Virginia 07/10/2012
Trial court did not err in granting the Commonwealth’s motion to amend the rape indictment to charge object sexual penetration and in concluding the evidence was sufficient to support appellant’s challenged conviction for robbery
1239112 Joseph Michael Rodriguez, Jr. v. Commonwealth of Virginia 07/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant solicited another to act as an accessory before the fact; appellant’s conviction of solicitation to commit a commit a felony affirmed
1454112 John Clifford Hutt, III v. Commonwealth of Virginia 07/10/2012
Appellant’s convictions of grand larceny, forgery, and uttering affirmed where admission of affidavits constitutes harmless error in light of other evidence before the trial court
1685114 Joshua Wayne Dellinger v. Commonwealth of Virginia 07/10/2012
No error in trial court’s finding that evidence was sufficient to prove the value of the stolen goods was $200 or more; conviction of receiving stolen property affirmed
1934111 Jamaal Samuel Wyche v. Commonwealth of Virginia 07/10/2012
Trial court did not err in allowing an expert witness to testify about gang practices and terminology where such testimony was probative as to appellant’s identity and was cumulative of what the jury already heard from other testimony and exhibits
2567101 Mark Van Kersey v. Commonwealth of Virginia 07/10/2012
No error in trial court’s finding that Commonwealth presented sufficient evidence to prove victim’s injury caused a permanent and significant physical impairment
0155124 Faye Ferrell v. Alexandria Department of Community and Human Services 07/03/2012
Trial court did not err in terminating appellant’s parental rights to her youngest child or in approving the entrustment agreement
1006111 Maurice Daquon Moore v. Commonwealth of Virginia 07/03/2012
Trial court did not err in finding evidence was sufficient to prove appellant acted with the requisite intent to maim, disfigure, disable or kill an unintended victim; convictions of malicious wounding, use of a firearm in the commission of a felony, and shoot, stab, cut or wound in the commission of a felony affirmed
2338112 Fred L. Myers v. Madison Wood Preservers and Employers Preferred Insurance Company 07/03/2012
No error in commission’s finding that claimant failed to meet his burden of proving a causal connection between the workplace accident and his knee condition
2569113 Michael Gearing v. Shenandoah Valley Department of Social Services 07/03/2012
Summary affirmance – judgment of trial court terminating appellant’s parental rights to his child affirmed where appellant’s argument is barred by Rule 5A:18
0170124 Fine Grind, Inc., d/b/a Hard Times Café v. Virginia Department of Alcoholic Beverage Control 06/26/2012
Summary affirmance – trial court did not err in affirming appellee’s decision to suspend appellant’s alcohol license
0698112 Charles Goodwin Jordan v. Elaine Richardson Jordan 06/26/2012
Final decree of divorce affirmed where trial court did not err in limiting evidence concerning appellee’s alleged adultery and appellant has not established his need for spousal support
1952114 Eugenio Cid v. Ofelia Perez De Cid 06/26/2012
Trial court did not abuse its discretion in declining to modify appellant’s spousal support obligation where the change in the parties’ income, by itself, did not constitute a material change in circumstances and did not affect appellant’s ability to pay spousal support
2386114 Eric Eliezer Nelson v. Elizabeth Groff Nelson, n/k/a Elizabeth Groff Sanders 06/26/2012
Judgment of trial court affirmed where appellant failed to preserve the issues for review
2497112 Lisa Jennings v. Richmond Public Schools and Sedgwick Claims Management Services, Inc. 06/26/2012
No error in commission’s finding that appellant’s tripping accident did not arise out of her employment
2605111 Devon Turner v. City of Hampton Department of Social Services 06/26/2012
Judgment of trial court affirmed where appellant failed to comply with Rule 5A:20(e) and failure to comply with rule is significant
0979114 Steven Michael Simmons v. Commonwealth of Virginia 06/19/2012
Trial court did not err in finding evidence was sufficient to prove appellant was intoxicated at the time he drove his vehicle
1206114 Michael Gene Howell v. Commonwealth of Virginia 06/19/2012
Trial court did not err in allowing witness to testify to what witness observed on store’s surveillance video, in allowing a jury instruction on flight or in prohibiting jury from hearing testimony regarding codefendant’s sentence during penalty phase of appellant’s trial
1270114 Reginald Cornelius Latson v. Commonwealth of Virginia 06/19/2012
Trial court did not err in finding evidence was sufficient to prove appellant applied some force to the door in order to enter the residence; conviction of statutory burglary affirmed
1801114 Justin Gerensky-Greene v. Dimiter Gerensky 06/19/2012
Trial court did not err in granting appellee’s motion for a nonsuit; appellant’s arguments regarding motion for sanctions and appellee’s medical records barred by Rule 5A:18
0009122 Brianca Thomas v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her son or in approving goal of adoption
0059124 Andrew Bilski v. Christina Biliski 06/12/2012
Summary affirmance – order of trial court affirmed where appellant failed to include in appendix a part of the record essential to resolution of issues raised on appeal and failed to comply with Rule 5A:20
0233114 Mohamed Kaffi v. Commonwealth of Virginia 06/12/2012
Trial court erred in denying appellant’s motion to proceed pro se on the basis that he was not competent to represent himself; conviction vacated and matter remanded to trial court to examine appellant’s request under standard in Faretta v. California, 422 U.S. 806 (1975)
1257112 Jeanette T. Terry v. Commonwealth of Virginia 06/12/2012
Trial court failed to apply the proper standard in denying appellant’s motion to withdraw her pleas of nolo contendere; matter remanded to trial court for further proceedings
2016112 Selena Gudino v. Dennis Gudino 06/12/2012
Trial court’s award of attorney fees to guardian ad litem remanded to trial court to conduct an evidentiary hearing
2211112 Carole Trese Swanson v. Jeffrey Lee Taylor 06/12/2012
Summary affirmance – trial court’s order regarding spousal support affirmed where Court finds appellant’s failure to comply with Rules of Court is significant and Court will not consider her arguments on appeal
2400112 Arthur Barnett v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving foster care plan with goal of adoption
2401112 Arthur Barnett v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving foster care plan with goal of adoption
2492102 Billy Jack Hopper v. Commonwealth of Virginia 06/12/2012
Appellant’s arguments that Commonwealth failed to prove his intent upon entry onto property or that he had exclusive possession of stolen checks barred by Rule 5A:18; trial court did not err in applying inference of burglary from possession of recently stolen goods or in applying inference of larceny from possession of recently stolen goods
2526112 Commonwealth of Virginia v. Jovon Montell Square 06/12/2012
Appeal dismissed because this Court has no active jurisdiction to consider merits of appeal where appellant failed to file a petition for appeal that contained assignments of error within 14-day period as specified by Code § 19.2-402 and this Court had no authority to grant an extension of time to allow appellant to file proper petition for appeal
0456112 Dejon T. Person v. Commonwealth of Virginia 06/05/2012
Trial court did not err in denying appellant’s motion to set aside the verdict or the motion to strike the evidence; trial court erred in failing to instruct the jury on unlawful wounding
1413112 Gay H. Goodwin v. James V. Flinn 06/05/2012
No error in trial court’s findings regarding holding appellant in contempt with respect to the refinancing of the parties’ beach house; trial court erred in ordering appellant must reimburse appellee for her share of educational expenses of one of parties’ children
1724111 Ryan Michael Hart v. Robin Barnett Hart 06/05/2012
No reversible error in trial court’s evidentiary rulings, in finding that appellant’s visitation at this time should be supervised, or in the award of attorney’s fees and costs to appellee
1791114 Phillip S. Griffin, II v. Kathryn O. Griffin, n/k/a Kate Obenshain 05/29/2012
Trial court’s rulings regarding equitable distribution and child support affirmed
2053112 Brian Gray v. Commonwealth of Virginia 05/29/2012
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of grand larceny
2193114 Pier 1 Imports, Inc. and American Zurich Insurance Company v. Helen Esther Wright 05/29/2012
Commission’s award of post-termination partial disability benefits to appellee affirmed where record supports finding that appellee’s poor performance at work was attributable to her injury and its residual involuntary effects and not attributable to purely voluntary misconduct
2226112 Gordon David Belcher v. Carolyn Bishop Belcher 05/29/2012
Trial court did not err in finding appellant gifted a portion of the parties’ checking account to appellee; trial court erred in denying appellant’s motion to terminate spousal support and that matter is remanded to the trial court for the parties to present evidence on that motion
2332113 Tito Lopez Rojas v. Roanoke City Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where trial court found appellant failed to demonstrate the ability to remedy conditions leading to children’s placement in foster care and termination was in best interests of children
2376112 Paul Davies v. Prince Edward County Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
2377112 Kimberly Waddell v. Prince Edward County Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(2)
2572112 Community Residences, Inc. and Technology Insurance Company v. Estelle B. Rice 05/29/2012
Summary affirmance – no error in commission’s award of benefits where it found appellee performed work with employer that was substantially similar to her employment with another employer and she proved she suffered compensable injuries to her right knee, neck, and both hands
0024122 Wella Manufacturing of Virginia and Old Republic Insurance Company v. Kevin Lamont Baker 05/22/2012
Summary affirmance – no error in commission’s decision awarding appellee temporary total disability benefits
0319112 John Luke Vogt v. Commonwealth of Virginia 05/22/2012
Appellant’s conviction of possession of methamphetamine affirmed where trial court properly found appellant had violated court’s deferred disposition order by failing to submit two drug screens to his probation officer; issue regarding consideration of two letter reports from his probation officer barred by Rule 5A:18
1017112 Logan Bourne v. Commonwealth of Virginia 05/22/2012
No error in trial court’s finding that evidence was sufficient to prove an attempt to break and enter with intent to commit larceny
1588112 Gilbert Harrison Berger, as guardian ad litem etc. v. Nathaniel Harris, et al. 05/22/2012
Trial court lacked authority to consider whether juvenile court had improperly granted appellee a nonsuit where that order had already been vacated by the de novo appeal and trial court did not have appellate jurisdiction over order but was empowered to hold a new trial; trial court correctly held entrustment agreements rendered de novo appeal moot
2134112 Commonwealth of Virginia and Department of Transportation v. AMEC Civil, LLC 05/22/2012
Judgment of trial court affirmed in part, reversed in part, and remanded to trial court for a recalculation of damages
2363111 Shannon Gore, s/k/a Shannon Nicole Gore v. Gloucester County Department of Social Services 05/22/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0613112 Goran Andelic v. Commonwealth of Virginia 05/15/2012
Trial court did not err in denying appellant’s motion to strike Commonwealth’s evidence and finding that its evidence was sufficient for the jury to conclude that at the time appellant set fire to the dwelling, it was occupied within the meaning of Code § 18.2-77(A)
1061114 David Alexander Pineda v. Commonwealth of Virginia 05/15/2012
Appellant’s conviction of driving under the influence of alcohol, third offense in ten years affirmed where appellant’s assignment of error addresses sufficiency of the evidence but his argument on that assignment of error addresses only admissibility of a previous conviction and not issue of sufficiency of evidence
1146112 Megan L. Clark v. Commonwealth of Virginia 05/15/2012
Appellant’s conviction of felony child neglect reversed where evidence was insufficient to show she committed an act or omission in the care of a child that was so gross, wanton, and culpable as to show a reckless disregard for human life
1518114 Manhal Mograbi v. Manal Abdellatif 05/15/2012
Trial court’s equitable distribution rulings and award of attorney’s fees to appellee affirmed; award of spousal support reversed and remanded to trial court where record contains no written findings or conclusions specifically addressing Code § 20-107.3(E) factors and applying those factors to this case
1644112 Hansen Dwayne Fields, Jr. v. Commonwealth of Virginia 05/15/2012
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where record shows plea was entered freely and intelligently and appellant has failed to establish a good faith basis to withdraw the plea and has failed to proffer evidence of a reasonable basis for contesting his guilt
1743114 Charlie Bellfleur Yamba Taka v. Alfred Scott McLaren, Jr. 05/15/2012
Summary affirmance – transcript or statement of facts of the evidence is indispensable to determination of whether trial court erred in granting primary residential custody of parties’ child to appellee or abused its discretion in determining spousal support
2115112 Lameka Denise Wade v. Commonwealth of Virginia 05/15/2012
No error in trial court’s finding that evidence was sufficient to prove appellant was a principal in the second degree to abduction, robbery, and two counts of use of a firearm in the commission of a felony
2281113 Robert Whitt v. Halliburton Energy Services, Inc. and Ace American Insurance Company 05/15/2012
No error in commission’s finding that appellant’s injury did not arise out of and during the course of his employment
2405112 Reginald C. Wilson v. Virginia State Board of Elections 05/15/2012
Summary affirmance – trial court did not err in affirming hearing officer’s decision sustaining appellant’s termination as a business manager with appellee
2443113 Rose Schroeder v. Wise County Department of Social Services 05/15/2012
Summary affirmance – trial court did not err in dismissing appellant’s appeal of the juvenile court order terminating her parental rights to her children for failure to prosecute
2460111 Tyson Foods, Inc. v. Keith Parker 05/15/2012
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee
2550114 Catherine Wu Laing v. Alexander Mark Laing 05/15/2012
Summary affirmance – final order of divorce affirmed; trial court did not err in denying appellant’s continuance request, in ordering marital residence be sold and ordering parties to divide equally costs of repairs, or in awarding attorney’s fees to appellee; issue regarding certain retirement assets waived under Rule 5A:20
0513112 Brian Lamont King v. Commonwealth of Virginia 05/08/2012
Trial court did not err in denying appellant’s motion to suppress where facts were sufficient to establish both reasonable suspicion for appellant’s detention at time appellant was removed from vehicle and probable cause to search appellant when officer ordered him to open his mouth
1275111 Quavadis V. Hyman v. Commonwealth of Virginia 05/08/2012
Error in trial court’s finding that appellant had the specific intent to break officer’s watch under Code § 18.2-137(B); as there was sufficient evidence that appellant caused the watch to break, matter remanded to trial court for a new trial under Code § 18.2-137(A) if Commonwealth is so inclined
1669113 Minova USA and New Hampshire Insurance Company v. James Edwin Kistler 05/08/2012
No error in commission’s award of benefits to appellee where commission found appellee sustained an injury, no express order was given to appellee with respect to use of the turntable, and he did not willfully violate a safety rule
1709112 Robin Kemp Smith v. Mark K. Smith 05/08/2012
No error in trial court’s order terminating appellant’s spousal support award
1793112 Andre Darnell Watkins v. Commonwealth of Virginia 05/08/2012
No error in trial court’s finding that testimony of officer, victim’s demeanor, appellant’s statements, and physical evidence were sufficient to support conviction of domestic assault and battery
1794112 Norbert Karl Thinnes v. Mary M. H. Thines 05/08/2012
Trial court’s order dismissing appellant’s appeal from juvenile court as untimely affirmed where notice of appeal was not timely filed and appellant’s argument regarding whether he received ineffective assistance of counsel barred by Rule 5A:18
2050114 Beam Brothers Trucking, Inc. and United States Fire Insurance Company v. Lon Emory Bowers 05/08/2012
No error in commission’s award of medical benefits and temporary total disability benefits where appellee sustained additional injury to his pre-existing back condition as result of workplace accident and appellee’s ongoing treatment and disability were related to the aggravation of his pre-existing back condition
2299112 The Salvation Army and Zurich American Insurance Company v. Reginald Lyon 05/08/2012
No error in commission’s award of temporary total disability benefits for a defined period where it found the period of disability and appellee’s right knee surgery were causally related to the workplace accident
2311112 Reginald Lyon v. The Salvation Army and Zurich American Insurance Company 05/08/2012
Commission erred in denying appellant temporary total disability benefits after October 18, 2010 where appellant proved his disability continued beyond that date
2465114 Ana Ruth Araujo DeAcevedo v. Healthcare Service Group, Inc. and Zurich American Insurance Company 05/08/2012
Summary affirmance – no error in commission’s finding that appellant failed to carry her burden of proving a change in her condition, the need for surgery, or any additional disability resulting from the accident
2613112 7-Eleven, Inc. #11070 and Ace American Insurance Company v. Charleen M. Drew 05/08/2012
Summary affirmance – no error in commission’s finding that appellants were responsible for surgery and replacement of a quad cane and diabetic shoes as recommended by appellee’s physician
0800113 Shawn Wesley Gill v. Commonwealth of Virginia 05/01/2012
Appellant’s argument that trial court erred in finding it could not sentence him to a psychiatric facility instead of prison under Code § 19.2-176, which was repealed in 2010, barred by Rule 5A:18
0962112 Douglas Allen Daugherty v. Commonwealth of Virginia 05/01/2012
Trial court did not err in finding evidence was sufficient to support appellant’s convictions of two counts of first-degree murder and two counts of use of firearm in commission of felony, in refusing to admit evidence regarding unadjudicated misconduct by one of witnesses, or in admitting hearsay evidence
1026112 Reshaun Demond Tinsley v. Commonwealth of Virginia 05/01/2012
Trial court did not err in refusing to grant appellant’s alibi instruction where record does not contain more than a scintilla of evidence to establish appellant was not at scene of the crime
1512112 Maria Estela Rodrigues v. Arlington County Schools and Virginia Group Self-Insurance Association 05/01/2012
No error in commission’s finding that appellant was not entitled to temporary total disability benefits and medical benefits where it found appellant’s injuries did not arise out of her employment
1968112 American Armoured Foundation, Inc. and Technology Insurance Company v. Frank Lettery 05/01/2012
Commission did not err in requiring appellants to pay for appellee’s YMCA membership and mileage for his unsupervised physician-directed independent pool therapy following a workplace injury where it found the membership and mileage were “other necessary medical attention” pursuant to Code § 65.2-603
2075114 Patricia G. Hedrick v. Mary’s Diner, Inc., et. al 05/01/2012
No error in commission’s denial of permanent total disability benefits for appellant’s left side where it found disability ratings of treating doctors lacked a foundation to support them
2286112 John R. Poindexter v. Lisa M. Poindexter, n/k/a Lisa Marie Clark 05/01/2012
Summary affirmance – trial court did not err in granting appellee’s motion to strike at the hearing on appellant’s motion to set aside the parties’ property settlement agreement
1531111 Karen Michelle Dunn-Brinkley, a/k/a Karen Dunn-Brinkly v. Commonwealth of Virginia 04/24/2012
Trial court’s order imposing successful completion of drug treatment court program as a condition of appellant’s suspended sentence affirmed where appellant invited the alleged error when she requested at sentencing that she be permitted to participate in the program
1802114 Kimberly R. Waters v. TGI Friday's and Indemnity Insurance Company of America 04/24/2012
Commission did not err in modifying appellant’s average weekly wage or in disallowing a spoliation inference; appellant’s issues regarding equitable estoppel and whether appellees should be entitled to a credit pursuant to Code § 65.2-520 barred by Rule 5A:20
1919111 City of Norfolk School Board v. Mildred Denise Vaughan 04/24/2012
Decision of commission awarding appellee an award of $552.88 for seventy weeks based on a 40% impairment of her left leg affirmed where appellants failed to provide authority to support its assignments of error and this Court is bound by factual findings of commission unless they are plainly wrong or without credit evidence to support them
2129114 Maria Isabella Turpin v. Billy Keith McGowan 04/24/2012
Summary affirmance – no error in trial court’s order awarding a change of custody of parties’ son to appellee
2549114 Helen Fehrenbach v. Giant #799 and Indemnity Insurance Company of America 04/24/2012
Summary affirmance – no error in commission’s decision denying appellant’s claim for temporary total disability benefits and medical benefits relating to an injury by accident involving her left knee
2560114 Mohammed J. Abdlazez, Sometimes Known As Mohammed J. Abdulazez v. Eileen M. McLane, etc. 04/24/2012
Summary affirmance – no error in judgment of trial court finding appellant in civil contempt; trial court did not err in refusing to apply protections and burden of proof of a criminal trial
1314114 Carol Ann Wright v. James Curtis Wright 04/17/2012
Trial court did not err in denying appellee’s motion for offset; trial court erred in denying appellant’s request for attorney’s fees and costs; matter remanded to trial court to make a finding of reasonable attorney’s fees and costs as required by the parties’ property settlement agreement
1933112 Uninsured Employer's Fund v. William R. Carter 04/17/2012
No error in commission’s finding that claimant adequately marketed his residual work capacity, that Virginia law does not create a duty to market residual work capacity based solely upon the fact that the partially disabled employee is sustaining a wage loss, and that claimant continues to be disabled as a result of his work-related injuries
2174112 Richard Dickover v. Sharon Seaton 04/17/2012
Summary affirmance – appellant’s issue regarding date of termination of spousal support affirmed; issue regarding attorney’s fees procedurally barred
2257112 Robert M. Bew v. Stephanie B. Bew 04/17/2012
Summary affirmance – trial court did not err in denying appellant’s request for a continuance
0306111 Abony Dayon Blanchard v. Commonwealth of Virginia 04/10/2012
Trial court did not err in denying appellant’s motion to suppress where encounter remained consensual until officer developed a reasonable, articulable suspicion that appellant possessed a concealed firearm and was armed and dangerous
0424114 Howard David Deiner v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant obtained money from families through the use of false pretense that he was an attorney licensed to practice in Virginia and that he had requisite intent to defraud at the time the false representation was made
0694114 Tommy L. Harmon, Jr. v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding Commonwealth had authority to move to quash appellant’s requests for subpoenas duces tecum, or in quashing the subpoenas; record does not reflect that trial court refused to consider any mitigating facts or circumstances presented on appellant’s behalf
1439113 Terry Lynn May v. Town of Bridgewater, et al. 04/10/2012
Commission did not err in denying appellant’s claim for benefits where the medical evidence was inconclusive that his injury arose out of his employment
1557111 Winfred Bell, s/k/a Winfrid Bell v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant intentionally, and not accidentally, hit officer’s vehicle; conviction of assault and battery of a law enforcement officer affirmed
1666114 Latisha Coleman v. Alexandria Department of Community and Human Services 04/10/2012
Appellant’s argument on appeal regarding whether trial court erred in dismissing her appeal from juvenile court when she failed to appear barred by Rule 5A:18
2498112 Verizon South, Inc., et al. v. Sedrick J. Bailey 04/10/2012
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury by accident
1492103 Travis Wade Spence v. Commonwealth of Virginia 04/03/2012
Appellant’s convictions of first-degree murder and obstruction of justice affirmed where claims of ineffective assistance of counsel may no longer be raised on direct appeal
1931114 Martha Burks Burton v. Robert Graham Burton 04/03/2012
Trial court did not err in finding a deed transferring appellant’s interest in real estate to appellee was a valid deed of gift, in awarding spousal support to appellant for a defined duration, or in classifying an increase in company acquired by appellee prior to marriage as hybrid property instead of marital property
2214113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2215113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2216113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child or in finding child did not object to termination of his mother’s parental rights
2217113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2218113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2219113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2685102 Quaiyim Amin El-Shabazz, s/k/a Qaiyim Amin El-Shabazz v. Commonwealth of Virginia 04/03/2012
Trial court did not err in denying appellant’s motion to strike abduction for pecuniary benefit charge and related firearm charge of one of victims, by denying proposed jury instructions of attempted robbery, in overruling appellant’s objection to “taking” instruction, or in denying appellant’s circumstantial evidence instruction
1599113 Robert Stokes v. Monogram Snacks Martinsville, LLC et al. 03/27/2012
No error in commission’s denial of benefits where the medical opinions proffered by appellant are inconclusive or inconsistent, the commission could consider the testimony of Dr. Leipzig, and the commission did not err in assessing Dr. Chumble’s testimony
1665114 Robert M. Voltz v. Anne C. Voltz 03/27/2012
Trial court did not err in interpreting parties’ written parenting agreement or by refusing to modify child support for a period prior to appellant filing his motion to modify
1904114 Qiujing Wang, a/k/a Julie Wong v. Jack Ray Crumpacker 03/27/2012
Summary affirmance – trial court did not err in denying appellant’s request for spousal support or in awarding attorney’s fees to appellee where trial court properly found prenuptial agreement was enforceable and appellee did not meet her burden to prove agreement was unconscionable or that she entered it involuntarily
1956112 Donald L. Pitt, Jr. v. Shackleford’s Restaurant, et al. 03/27/2012
Commission did not err in denying appellant’s claim for benefits where credible evidence supports finding that appellant intentionally violated a known safety rule and employer enforced the rule at issue
2166113 Jasmine Anderson v. Lynchburg Department of Social Services 03/27/2012
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved that termination of appellant’s parental rights was in best interests of her children
2700102 Colin Antonio Ellis, s/k/a Collin Antonio Ellis v. Commonwealth of Virginia 03/27/2012
No error in trial court’s finding evidence was sufficient to support conviction of abduction with intent to defile where appellant’s restraint of victim constituted a detention and circumstantial evidence supported finding that appellant detained victim with intent to defile
0309111 Don Wayne Elliott v. Commonwealth of Virginia 03/20/2012
Appellant’s argument that trial court erred in finding appellant’s prior conviction under Code § 18.2-255.2 constituted a predicate offense to sustain conviction as a second-time offender under Code § 18.2-248(C) barred by Rule 5A:18
1051114 Ricky I. Parsons v. Diana L. Parsons 03/20/2012
Error in those parts of the equitable distribution award giving appellee one-half of the equity in parties’ Utterback Store Road property and in UBS account; remainder of appellant’s issues procedurally defaulted
1225111 Dagenhart Sprinkler Company and Clarendon National Insurance Company v. Eric B. Hurst 03/20/2012
Commission did not err in finding that appellee’s ongoing and continuing need for lower back medical treatment was caused by the work-related injury he sustained or in finding doctrine of laches did not bar appellee’s request for authorization for continuing treatment
1687111 Mendel Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to his four daughters was in their best interest
2005111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
2006111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
2007111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
2008111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
2009111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
0166113 Stanley Germiah Oliver 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; circumstantial evidence was sufficient to prove appellant was one of perpetrators of offenses
0888114 Deatra A. Burch v. Alexandria Department of Human Services 03/13/2012
Trial court did not err in denying appellant’s motion to dismiss termination proceedings as violative of statutory and constitutional notice requirements or in finding clear and convincing evidence justified termination of appellant’s parental rights to her children
0969111 Daniel Ellery Willoughby v. Commonwealth of Virginia 03/13/2012
Evidence was sufficient to prove that appellant constructively possessed cocaine that was sitting on floorboard of vehicle with knowledge of cocaine’s nature and character and that appellant possessed the cocaine with the intent to distribute it
2394104 J. David Pratt v. Morgan Patricia Pratt 03/13/2012
Petition for rehearing granted
0826113 Rodney Gerald Gallier v. Commonwealth of Virginia 03/06/2012
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of attempting to commit aggravated sexual battery where victim’s testimony was credible and appellant touched material covering victim’s intimate parts with intent to sexually molest, arouse or gratify any person; arguments regarding rehabilitating witness barred
1110114 Norma Saenz-Romero v. Arlington County Department Human Services 03/06/2012
No error in trial court’s order terminating appellant’s parental rights to her oldest child where appellant had not remedied conditions that led to child being placed in foster care; appellant waived her objection to admissibility of documents where she relied on same documents in her motion to strike
1245114 G. C. Construction, L.L.C. and Technology Insurance Company v. Gerson Cruz 03/06/2012
No error in commission’s award of benefits to appellee where his injury was a compensable injury by accident that arose out of his employment and appellee reasonably and adequately marketed his residual work capacity
1873112 Ava Catron Black v. Charlottesville Department of Social Services 03/06/2012
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a recess in the proceedings; order terminating appellant’s parental rights to her child and approving change in goal of foster care plan affirmed
1953112 Kimberly D. Smith v. William S. H. Smith 03/06/2012
Summary affirmance – record proves trial court considered Code § 20-107.3(E) factors in determining equitable distribution award; additional arguments regarding equitable distribution and spousal support barred by Rule 5A:18
2145112 Rodney Shade v. J.M. Fry Company, Inc. and Travelers Indemnity Company of America 03/06/2012
Summary affirmance – no error in commission’s finding that appellant’s back injury was not related to his compensable work accident
2253114 Darin Justus v. Fluor-Lane, LLC and Continental Casualty Company 03/06/2012
Summary affirmance – no error in commission’s finding that appellant failed to prove a left leg condition was a compensable consequence of a right leg injury
2357114 Charles Adams v. Virginia Employment Commission 03/06/2012
Summary affirmance – appellant failed to comply with several Rules of Court and Court finds those defects to be significant and will not consider appellant’s arguments; appellant does not actually challenge trial court’s jurisdiction finding which was subject of order appellant appealed to this Court
0052112 Petersburg Hospital Company, LLC, etc. v. Karen Remley, M.D., etc., et al. 02/28/2012
Trial court did not err in affirming Commissioner’s denial of appellant’s application for a Certificate of Public Need to establish an open heart surgery service at its hospital
0902104 Xavier Jammal Pinckney v. Commonwealth of Virginia 02/28/2012
Trial court did not err in refusing to suppress appellant’s statements and evidence obtained based upon those statements as appellant was not in custody for purposes of Miranda; appellant’s convictions are affirmed
1602114 Tiffany Saroyce Johnson v. Arlington County Department of Human Services 02/28/2012
Summary affirmance – judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant’s arguments are barred by Rule 5A:18
1943112 Katy Callender v. Petersburg Department of Social Services 02/28/2012
Trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to her child where it proved appellant was unlikely to eliminate conditions leading to child’s neglect and that termination was in child’s best interest
2423104 James Allen Spain v Commonwealth of Virginia 02/28/2012
Trial court did not err in finding evidence was sufficient to support conviction of grand larceny by embezzlement where it proved appellant received vehicle jointly with his wife; appellant’s arguments regarding whether trial court should have declared mistrial on its own motion and denial of motion to set aside verdict barred by Rule 5A:18
0345114 Raymond Y. Shetzline v. Rachel Shetzline 02/21/2012
Appeal dismissed without prejudice where order appealed from is neither a final order nor an appealable interlocutory order
0550112 Susan A. Wilson, a/k/a Susan A. Jones v. Commonwealth of Virginia 02/14/2012
No error in jury’s finding that evidence was sufficient to support appellant’s convictions of two counts of unlawfully obtaining documents from the DMV and one count of grand larceny
1355112 David Michael Robinson Woods v. Henrico (County of) Division of Fire 02/14/2012
Commission did not err in finding that appellee met its burden to overcome the Code § 65.2-402 presumption as it applied to appellant’s hypertrophic cardiomyopathy, and the denial of benefits is affirmed
1476114 Tina Marie Franklin v. James Howard Franklin 02/14/2012
Summary affirmance – appellant failed to file a transcript or written statement of facts of the May 2011 hearing which is indispensable to determination of issues raised on appeal
1705114 Faye Ferrell v. Alexandria Department of Community and Human Services 02/14/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1839112 Richard Robinson v. David Everett, Inc. and State Farm Fire & Casualty Company 02/14/2012
Summary affirmance – commission did not err in refusing to consider new medical evidence not presented to deputy commissioner as it was not newly discovered evidence, in finding appellant unjustifiably refused light-duty work and failed to market his residual work capacity, and in finding appellant was not denied due process
1567113 Amanda M. Sutton v. Shenandoah Valley Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence proved termination was in child’s best interest
1609112 David’s Towing & Recovery, Inc. et al. v. Larry Newcomb 02/07/2012
No error in commission’s entry of a supplemental award in favor of appellee for permanent partial disability benefits on account of an additional loss of use of appellee’s right hand
1623112 Alexi Saunders v. Richmond Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(1) and (C)(2) and appellee investigated possible relative placements
1647112 County of Henrico v. John O. Henry 02/07/2012
No error in commission’s findings that appellee’s disc injury was causally related to his work-related accident and that medical treatment rendered by doctor to whom he was referred was authorized
1661112 John O. Henry v. County of Henrico 02/07/2012
Commission did not err in finding a lack of a causal connection between appellant’s depression and his work-related accident
1671112 Zachariah Harden, Sr. v. Richmond Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(1) and (C)(2) and appellee investigated possible relative placements
1742113 Commonwealth of Virginia v. Robert Allen Hicks 02/07/2012
Trial court erred in granting appellee’s motion to suppress where there was probable cause to arrest appellee
2073112 VCU Health System Authority v. Sherry Brown 02/07/2012
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury by accident
0532112 Harold Turnbull, s/k/a Harold C. Turnbull v. County of Spotsylvania 01/31/2012
Judgment of trial court affirmed where appellant’s argument that trial court erred in using Code § 19.2-358 to impose a punishment upon him for failure to pay fines when he was convicted of infractions, not criminal offenses, waived under Rule 5A:8(b)(4)(ii)
1686111 Dorothy Maria Stilley v. Newport News Department of Human Services 01/31/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where clear and convincing evidence proved termination was in child’s best interest
2632102 Xavier Jamal Hargrove v. Commonwealth of Virginia 01/31/2012
Trial court did not err in denying motion to suppress where it found officer had reasonable, articulable suspicion that appellant was engaged in criminal activity
0106114 Kevin D. Jones v. Brenda F. Moody-Jones 01/24/2012
Trial court did not err in denying appellant’s motion to modify spousal support and custody/visitation where appellant failed to demonstrate a material change in circumstances or that modifying custody and visitation was in child’s best interest
0168114 Shereen Jaouni v. Said Samir Ibrahim Salah 01/24/2012
Judgment of trial court refusing to award a protective award for appellant’s daughter and awarding appellee attorney’s fees affirmed in part, reversed in part, and remanded to trial court
0378114 Shereen Jaouni v. Said Samir Ibrahim Salah 01/24/2012
Judgment of trial court refusing to award a protective award for appellant’s daughter and awarding appellee attorney’s fees affirmed in part, reversed in part, and remanded to trial court
0744114 Jamie Lee Dovell v. Coffeewood Correctional Center/Commonwealth of Virginia 01/24/2012
Commission erred in using a “stairs” analysis to find that appellant’s injury did not arise out of his employment
0932114 Brent C. Bousman v. Caitlin K. Lhommedieu 01/24/2012
No error in trial court’s order requiring appellant, pursuant to the parties’ “Stipulation of Agreement” to pay one-half of the cost of parties’ son’s college expenses
1369113 Raymond Edward Sheffield v. Karen Kime Sheffield 01/24/2012
Summary affirmance – no error in divorce decree awarding spousal support to appellee for an undefined duration or in equitable distribution of parties’ assets
1851112 American Hospice Management Holdings, L.L.C. et al. v. Julia Ann Piggott 01/24/2012
Summary affirmance – commission did not err in ordering appellants to authorize surgery requested by appellee
0079112 Kevin A. Cunningham, s/k/a Kevin Antonio Cunningham v. Commonwealth of Virginia 01/17/2012
Trial court erred in admitting improper impeachment evidence and error was not harmless because the jury’s assessment of appellant’s credibility was critical to his defense; convictions reversed and remanded to trial court for new trial
0244112 Nasir Goode v. Commonwealth of Virginia 01/17/2012
Trial court did not err in denying appellant’s motion for a mistrial and for recusal based on his claim of an improper remark made by the prosecutor during appellant’s revocation hearing where trial judge said he did not consider the remark in making his decision
1104111 Janice Kent v. Virginia Beach Department of Human Services 01/17/2012
Summary affirmance – trial court did not err in finding clear and convincing evidence supported termination of appellant’s parental rights to her children
1690112 Robert A. Blackwell v. Commonwealth of Virginia 01/17/2012
Appellant’s argument regarding sufficiency of evidence to support burglary while armed and use of a firearm in commission of breaking and entering convictions barred by Rule 5A:18 and the ends of justice exception does not apply
1752114 Rugo Stone, LLC and Insurance Company of the State of PA v. Andres A. Diaz 01/17/2012
Summary affirmance – no error in commission’s finding that appellee sustained a change in condition with respect to his back injury and was disabled and that he adequately marketed his residual earning capacity
2422104 Gerald Jermaine Pearson v. Commonwealth of Virginia 01/17/2012
Appellant’s conviction of trespassing under city code section affirmed where appellant lacks standing for a facial challenge to constitutionality of statute, the as-applied constitutional challenge is barred by Rule 5A:12, city code section is not invalid under Dillon Rule, and evidence supported conviction
1023114 Joseph P. Craven v. Deena S. Williamson 01/10/2012
No error in trial court’s order denying appellant visitation with his children for month of August
1053114 Michael Starr Hopkins, Sr. v. RDA, Inc., et al. 01/10/2012
No error in commission’s finding that appellant was not entitled to permanent and total disability benefits where appellant’s evidence failed to prove appellant was totally and permanently disabled
0220114 Kyle August Dawson v. Commonwealth of Virginia 12/28/2011
No reversible error in trial court’s refusal to specifically instruct jury on definition of proximate cause where jury had ample evidence to rely upon in determining that Commonwealth met its burden in proving elements of offense of leaving the scene of an accident
1083114 Jose Gregorio Romero v. Alexandria Department of Human Services 12/28/2011
Trial court did not err in terminating appellant’s parental rights to his child after finding that relative placement was not appropriate
1444111 Juliet Wright v. James City County 12/28/2011
Summary affirmance – no error in commission’s findings that appellant’s claims for an injury by accident and for an occupational disease are barred by statute of limitations and that appellant failed to prove a compensable injury by accident or that she was suffering from an occupational disease
0042111 David Lorenzo Nicholson v. Commonwealth of Virginia 12/20/2011
Trial court did not err in finding that evidence was sufficient to support conviction of taking indecent liberties with a child while in a custodial relationship or in revoking appellant’s prior suspended sentence and running sentences consecutively
0790114 Mark A. Windsor v. Loomis Fargo & Company, et al. 12/20/2011
No error in commission’s finding that it was appellant’s burden to establish a new period of temporary total disability after appellant’s temporary total disability award had been previously terminated after appellant returned to light-duty work and appellant did not seek review of that decision before full commission
1012111 Thomas Copeland v. Newport News Department of Social Services 12/20/2011
No error in trial court’s finding that sufficient supported termination of appellant’s parental rights to his child under Code § 16.1-283(C)
1038111 Riverside Regional Medical Center, et al. v. Linda Callison-Haas 12/20/2011
Commission erred in relying on a tentatively stated medical opinion, based on an inconsistent history, that appellee’s right knee medial meniscus tear was incurred when she suffered her work-related injury
1658102 Sean Cook v. Commonwealth of Virginia 12/20/2011
Trial court did not err in finding evidence was sufficient to prove appellant acted with malice when he assaulted victim and beat him repeatedly with butt end of a pistol; convictions of malicious wounding and use of a firearm in commission of felony affirmed
1944104 Bryan B. Brittain v. April J. Brittain 12/20/2011
Summary affirmance – trial court did not err in granting appellee’s motion to strike appellant’s petition to modify custody where appellant did not prove a material change in circumstances
2394104 J. David Pratt v. Morgan Patricia Pratt 12/20/2011
Trial court erred in classifying parties’ residence, a vehicle, and Oppenheimer Value Fund as marital property
0828114 Christian Urias v. Winkler’s, Inc., et al. 12/13/2011
No error in commission’s decision to terminate appellant’s benefits based on a release to pre injury work or in its decision denying benefits from a change in condition on the ground that he failed to prove adequate marketing of his residual capacity
1060113 Karen A. Breeden v. Preston L. Breeden 12/13/2011
Judgment of trial court divorcing parties and incorporating a property settlement agreement into order affirmed where appellant failed to provide a transcript or written statement of facts and transcript or written statement of facts is necessary for determination of issues raised
1404113 Lawrence P. Flaig v. Virginia Employment Commission, et al. 12/13/2011
Summary affirmance – no error in finding that appellant’s misconduct disqualified him from receiving unemployment benefits
1494111 Terra Firma, LLC v. Robert T. Sexton 12/13/2011
Summary affirmance – No error in commission’s finding that appellee suffered a compensable work injury
1500111 Uninsured Employer’s Fund v. Robert T. Sexton 12/13/2011
Summary affirmance – No error in commission’s finding that appellee suffered a compensable work injury
1893103 Jason Troy Pritchard v. Commonwealth of Virginia 12/13/2011
Appellant’s convictions of assault and battery of a law enforcement officer and resisting arrest affirmed where violent nature of appellant’s conduct and continued determination to defy officers provided exigent circumstances justifying officers’ warrantless entry into his home and he was not entitled to resist a lawful arrest
2400103 Robert Bill Krebs, Jr. v. Commonwealth of Virginia 12/13/2011
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause based on his detection of the odor of marijuana and an independent source existed for the search of appellant’s residence and evidence seized would have been inevitably found during a search incident to arrest
0886114 Harriet Puller, Widow, on Behalf of the Estate of John A. Puller v. Fairfax (County of) School Board 12/06/2011
No error in commission’s finding that the presumption that decedent died of work-related causes did not apply or in its finding that the decedent’s death did not arise out of his employment
0905112 Hosam Ibrahim Dajani v. Dawn Lynell Dajani 12/06/2011
Summary affirmance – no error in trial court’s order awarding sole legal and physical custody of parties’ child to appellee or in its award of attorney’s fees to appellee
1132112 Miller & Long, Inc., et al. v. Lamont James Knight 12/06/2011
No error in commission’s finding that the left fibular fracture suffered by appellee was a compensable consequence of his work-related injury
1195101 Leslie Neal Saunders v. Commonwealth of Virginia 12/06/2011
Trial court did not err in finding evidence was sufficient to establish beyond reasonable doubt that appellant clearly possessed explosive materials; trial court did not err in denying appellant’s motion to dismiss felony offenses on double jeopardy grounds
1537102 Jamar D. Street v. Commonwealth of Virginia 12/06/2011
Trial court erred in convicting appellant of possession of a firearm by a convicted felon where the evidence failed to show object he possessed was designed, made, and intended to expel a projectile by means of an explosion within meaning of Code § 18.2-308.2
1548103 Allen Edward Wood v. Commonwealth of Virginia 12/06/2011
Trial court did not err in finding evidence was sufficient to convict appellant of driving after having been declared an habitual offender where it could conclude appellant’s status as an habitual offender remained in effect at the time of appellant’s arrest
0044111 Maria C. McKinnon v. Commonwealth of Virginia 11/29/2011
Appellant’s issue of whether evidence was sufficient to support her conviction of misdemeanor child neglect and her contention that misdemeanor child neglect is not a lesser-included offense of felony child neglect, with which she was charged, are barred by Rule 5A:18
0108111 Henry Clay Tiggs v. Commonwealth of Virginia 11/29/2011
No error in trial court’s finding that evidence was sufficient to prove appellant attempted to commit prescription fraud
0155111 Samuel Thomas Pettit, Jr. v. Commonwealth of Virginia 11/29/2011
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of obtaining money by false pretenses where it proved appellant’s intent to defraud and his use of false pretenses to obtain money from victim
0344114 Heather Brooke Garner, f/k/a Heather Brooke Ruckman v. Mitchell Scott Ruckman 11/29/2011
Trial court erred in granting appellee’s motion to strike where appellant presented sufficient evidence to prove a prima facie case that relocation was in child’s best interests; matter remanded to trial court
0350112 Carldine Preston Cheatham v. Commonwealth of Virginia 11/29/2011
Trial court erred in finding evidence was sufficient to support appellant’s conviction of robbery where nothing proved appellant took the property of another; conviction reversed and dismissed
0605101 Kegan Michael Bilger v. Commonwealth of Virginia 11/29/2011
No error in trial court’s finding that totality of evidence supported beyond a reasonable doubt that appellant was driving under the influence of alcohol when he overturned his vehicle
0715113 John Raymond Williams v. Commonwealth of Virginia 11/29/2011
Trial court erred in refusing to grant appellant’s request for a jury trial made on the day of trial where appellant never waived his right to a jury trial; matter remanded to trial court for a new trial
0823101 Dirk Williams v. Commonwealth of Virginia 11/29/2011
Judgment of trial court affirmed where trial court lost jurisdiction to consider motion to vacate as no order suspending or vacating final convictions was entered within 21 days pursuant to Rule 1:1 and where no notice of appeal was filed to August 13, 2010 order which constituted an independent action
0938113 Crystal D. Birchfield v. Scott County Department of Social Services 11/29/2011
Trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1 283(C)(2)
0940113 Robert Kenneth Birchfield v. Scott County Department of Social Services 11/29/2011
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1 283(C)(2)
1416113 Derril Wayne Watkins v. J. B. Hunt Transport, Inc. et al. 11/29/2011
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by statute of limitations
2479102 William Crisson Thornton v. Commonwealth of Virginia 11/29/2011
Trial court did not err in finding evidence was sufficient to prove appellant constructively possessed the methadone found in his vehicle
0324112 Cornelius Leon Baker v. Commonwealth of Virginia 11/22/2011
Trial court did not err in denying appellant’s motion to suppress where facts known to officers at time of the traffic stop were sufficient to justify the stop and constituted reasonable articulable facts of criminal activity; evidence was sufficient to support convictions of breaking and entering, vandalism, and possession of burglary tools
0633112 Christine Coleman v. Peter Richard Coleman 11/22/2011
Trial court did not err in imputing income to appellant; trial court erred in its application of Code § 20-107.1(F), spousal support award reversed and matter remanded to trial court for reconsideration
0648112 Philip Morris USA, Inc. v. James E. Blankenship 11/22/2011
No error in commission’s award of benefits to appellee where it found appellee’s ongoing back injury remained causally related to his work injury
0667112 James E. Blankenship v. Philip Morris USA, Inc. 11/22/2011
Appeal dismissed as moot
0672113 Razieh Makoui v. Cyrus Makoui 11/22/2011
Trial court’s property distribution and spousal support awards affirmed where it found the parties’ premarital agreement was enforceable under Code § 20-151
2478102 Julian Earl Cosely v. Commonwealth of Virginia 11/22/2011
Appellant’s conviction of forcible sodomy affirmed where we conclude the ends of justice exception to Rule 5A:18 is inapplicable
2570102 David Hinote, s/k/a David Troy Hinote v. Commonwealth of Virginia 11/22/2011
Appellant’s convictions of obtaining goods by false pretenses and conspiracy to commit a felony reversed and final judgment entered dismissing indictments where evidence was insufficient to prove the intent to defraud
0180114 Teresa Gibson v. Eleanor Kappel and Eugene Kappel 11/15/2011
Trial court did not err in granting sole legal and physical custody of appellant’s daughter to appellees where it found best interests of child would be served by awarding custody to appellees
0642113 George Nicholas Pacot, III v. Vickie Yeatts Pacot 11/15/2011
Trial court erred in finding appellee proved appellant’s company was transmuted to hybrid property; equitable distribution and spousal support awards reversed and remanded to trial court for reconsideration and refashioning
1543102 Gregory Lamont Lewis v. Commonwealth of Virginia 11/15/2011
Trial court did not err in denying appellant’s motion to suppress where appellant was not seized before the police had probable cause to arrest appellant
1765102 Darian G. Pleasant, s/k/a Darian Glendon Pleasant v. Commonwealth of Virginia 11/15/2011
Trial court did not err in admitting statement made by appellant or in finding appellant was aware of nature and character of drugs located in vehicle, that they were subject to his dominion and control, and that he intended to distribute the drugs
1942101 Jason Ryan King v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that evidence was sufficient to prove appellant acted with malice when he beat the victim
1970104 Antonio Bueno Rodriguez, s/k/a Antonio Bueno-Rodriguez v. Commonwealth of Virginia 11/15/2011
Appellant’s arguments regarding trial court’s decision to overrule his hearsay objection during officer’s testimony and the trial court’s denial of his motions to strike waived for appellant’s failure to adhere to Rule 5A:20(e)
2036102 Bryan Antoine Green v. Commonwealth of Virginia 11/15/2011
Appellant’s argument regarding trial court’s refusal to allow him to cross-examine an officer about the criminal record for firearm possession by a possible suspect barred by Rule 5A:18; trial court did not err in finding evidence was sufficient to prove killing was willful, deliberate and premeditated
2223101 Frederick Edward Mitchell v. Commonwealth of Virginia 11/15/2011
Trial court did not err in admitting bank supervisor’s testimony about the credit union’s computer records pursuant to the business records exception to the hearsay rule
2262104 Mildred Baldwin v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that venue was proper in Alexandria for charges of credit card theft and credit card fraud where appellant took the credit card with the intent to use it for personal purposes from her employer in Alexandria
0028111 Darius Keith Chittum v. Deana Marie Hippenstiel and Mark John Hippenstiel 11/08/2011
Summary affirmance – trial court did not err in granting adoption petition
0184111 Steven Paul Carlstrom v. Commonwealth of Virginia 11/08/2011
No error in appellant’s conviction or robbery where evidence was sufficient to prove appellant had intent to steal at the time the violence occurred
0264114 Vinod Vijay Jonathan v. Shireen Joanna Jonathan 11/08/2011
Summary affirmance – trial court’s order regarding child support affirmed
0693114 Vinod Vijay Jonathan v. Shireen Joanna Jonathan 11/08/2011
Summary affirmance – trial court’s order regarding child support affirmed
0919102 William Edward Tuma v. Commonwealth of Virginia 11/08/2011
Trial court erred in denying appellant’s motion for a new trial where Commonwealth failed to provide to appellant actual tape of victim’s statement; appellant’s convictions of taking indecent liberties with a child, aggravated sexual battery, and animate objection penetration reversed and remanded
1034113 Javier Avila-Rivera v. Excel Masonry, Inc. and State Farm Fire and Casualty Company 11/08/2011
No error in commission’s denial of benefits after finding that appellant unjustifiably refused selective employment
1424102 David James Proffitt v. Commonwealth of Virginia 11/08/2011
No error in appellant’s conviction of driving under the influence where trial court applied the appropriate probable cause standard and found officer had probable cause to arrest appellant
1877102 Christopher Morris Gates v. Commonwealth of Virginia 11/08/2011
Trial court did not err in denying appellant’s motion to suppress where detention and pat down of appellant were supported by reasonable, articulable suspicion that criminal activity was afoot and appellant was armed and dangerous and officer had probable cause to search appellant for contraband
1903104 Pastor Armando Guerrero-Giron v. Commonwealth of Virginia 11/08/2011
Appellant’s conviction of malicious wounding affirmed where trial court did not err in refusing to allow appellant to question a witness as to the exact penalty he was facing for his crimes, in admitting a BB gun and two baseball bats, in admitting appellant’s statements regarding his gang activity, or in refusing to suppress his statement
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality, et al. 11/08/2011
Upon a Rehearing – stay of Court’s August 2, 2011 mandate lifted and panel opinion affirming judgment of trial court in part and reversing and remanding in part reinstated
2116103 James Paul Desper v. Commonwealth of Virginia 11/08/2011
No error in appellant’s convictions of rape where evidence was sufficient to prove penetration and complaining witness’ mental incapacity and appellant’s knowledge thereof; conviction of forcible sodomy reversed and dismissed where evidence was insufficient to prove penetration
2355101 Calvin Terrell Cooper v. Commonwealth of Virginia 11/08/2011
No error in trial court’s finding that officer did not exceed scope of a limited detention by placing handcuffs on appellant, precluding appellant from using force to resist the officer’s limited detention
0068112 Selena Gudino v. Dennis Gudino 11/01/2011
Trial court did not err in awarding primary physical custody of parties’ children to appellee, in reappointing the custody evaluator and the guardian ad litem for the children, or in ordering appellant to pay one-half of the guardian ad litem fee, the entire cost of an independent evaluator, and the costs associated with her visitation with the children
0297113 Timothy Shawn Daugherty v. Commonwealth of Virginia 11/01/2011
Appellant’s sentence on the fail to appear conviction reversed where it exceeded the statutory ten-day maximum; remanded to trial court for a new sentence not to exceed a term of ten days
1244114 Anthony Lawrence Falcone v. The Washington Post 11/01/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to any award of permanent partial disability due to a 2008 injury to his right shoulder
1473101 Michael Robert Eiseman v. Sarah Cunningham Beaudoin and Thomas David Beaudoin, Jr. 11/01/2011
Summary affirmance – trial court did not err in granting appellees’ petition for adoption where it found adoption was in best interests of child
2007104 Mark Henry Craig v. Commonwealth of Virginia 11/01/2011
Appellant validly waived his right to appeal order of restitution and expressly agreed to pay any amount ordered by the court within cap set by plea agreement
2584103 Destiny Grace Gordon v. Commonwealth of Virginia 11/01/2011
Appellant’s conviction of petit larceny affirmed where appellant made the tactical decision to withdraw her appeal and as she voluntarily withdrew her appeal, she cannot now claim the trial court forced her to take any action
0117111 Christopher John Duva v. Karen Denise Duva 10/25/2011
No error in trial court’s equitable distribution and spousal support award to appellee
0889114 Clever Risco v. Virginia Employment Commission and Environamics 10/25/2011
Summary affirmance – trial court did not err in affirming commission’s decision that appellant was disqualified from unemployment compensation due to misconduct associated with work and that appellant received a fair and impartial hearing
0081111 Cheryl Y. Parris v. Natasha Doctor and Harrivon S. Carpenter 10/18/2011
Trial court did not err in finding Virginia did not have exclusive, continuing jurisdiction or in finding Virginia was an inconvenient forum under the UCCJEA
1430102 Bernard Lamont Ruth v. Commonwealth of Virginia 10/18/2011
Trial court erred in finding evidence was sufficient to prove appellant concealed the weapon about his person when he hid it under a rain catch and walked away and weapon was no longer accessible to him; conviction of carrying a concealed weapon, second offense, reversed and dismissed
1499101 Tinesha L. Bert v. Commonwealth of Virginia 10/18/2011
Conviction of fraudulent conversion or removal of leased personal property reversed and dismissed where evidence proved appellant breached her lease agreement but failed to prove beyond a reasonable doubt the requisite fraudulent intent to defraud
1999101 Tiffany Anne Huber v. Commonwealth of Virginia 10/18/2011
No error in trial court’s finding that evidence was sufficient to prove appellant intended to inflict physical harm on officer; conviction of attempted assault and battery of a law enforcement officer affirmed
0088114 Particia (Tricia) Kelly Tharp v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying request to provide victim with a translator during his testimony where trial court reasonably concluded there was no indication that victim did not speak or understand English
0558102 Judy Denise Wright v. Commonwealth of Virginia 10/11/2011
No error in appellant’s conviction of felony child neglect under Code § 18.2-371.1(A) where jury could conclude appellant committed a “willful act or omission” and could conclude that her conduct was knowing, voluntary, and without justifiable excuse
0948101 Anthony Joseph Crosen v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying appellant’s motion to suppress evidence of marijuana found during a search of appellant’s residence and his subsequent statements where evidence proved appellant gave valid consent for the officers to search his residence
1571101 John L. Harnois, Sr. v. Sara F. Riley-Harnois 10/11/2011
Summary affirmance – no error in trial court’s rulings regarding parties’ divorce and equitable distribution
1822102 Ardie Corneilus Flowers, Jr. v. Commonwealth of Virginia 10/11/2011
Trial court did not err in rejecting appellant’s plea of self-defense where appellant used excessive force to defend himself and evidence supported convictions of voluntary manslaughter and unlawful wounding
2008104 Michael Angelo Lamberti v. Commonwealth of Virginia 10/11/2011
No reversible error in trial court’s ruling that refused to allow results from victim’s blood alcohol test into evidence or allowing expert to testify about those results where admission of those results would not have caused jury to reach a different result
2465101 Victor Campos v. Charles Hinsch 10/11/2011
Appellant’s issue regarding whether trial court erred in denying his request for a continuance of the adoption proceeding to permit him to be present at a later date not addressed where appellant failed to file a transcript or statement of facts and a transcript or statement of facts is indispensable to issue raised
0208113 Wythe County Community Hospital and Travelers Indemnity Company of America v. Donna Turpin 10/04/2011
No error in commission’s finding that appellee was entitled to medical benefits where her injuries arose out of her employment
1066112 Fredericksburg Auto Auction and Broadspire Services, Inc. v. Diana Grogan 10/04/2011
Summary affirmance – no error in commission’s finding that appellee’s left shoulder surgery was causally related to the compensable accident and that appellants were responsible for the cost of this medical treatment
1659101 Brian Paul Engel v. Commonwealth of Virginia 10/04/2011
Trial court did not err in finding evidence was sufficient to prove appellant intended to assault the officer when appellant threw a liquid mixture at an inmate when the victim stood only three feet away and a natural and probable consequence of the act was to also spray the officer
1815101 Lawrence Wesley Roberts v. Commonwealth of Virginia 10/04/2011
Trial court did not err in denying appellant’s motion to suppress where officers had probable cause to believe appellant was operating a vehicle with an altered or fraudulent license plate or decal which justified his arrest and subsequent search; evidence was insufficient to prove appellant was guilty of obstruction of justice
2215102 Horace Vernon Henderson, Sr. v. Commonwealth of Virginia 10/04/2011
No error in appellant’s conviction of possession of a firearm after having been convicted of a felony where the circumstantial evidence was sufficient to support jury’s finding that appellant possessed the firearm on the date in question
2627102 Tyrone Jhurilal, s/k/a Tyrone Thane Jhurilal v. Commonwealth of Virginia 10/04/2011
No error in trial court’s finding that evidence was sufficient to determine appellant possessed marijuana when he entered Virginia and all reasonable hypotheses of innocence were excluded; conviction of transporting five or more pounds of marijuana into the Commonwealth affirmed
2675102 Mohammed Hossein Ranjbar v. Maria Zegarra Ranjbar 10/04/2011
Trial court’s order regarding equitable distribution and spousal support affirmed in part, reversed in part, and remanded to trial court for further proceedings
0617103 Thomas William Stone, Sr. v. Commonwealth of Virginia 09/27/2011
Appellant’s arguments regarding the trial court’s denial of his motion to withdraw his nolo contendere plea barred by Rule 5A:18
0772111 Lance Spurrier v. Anthony Conyers, Commissioner Virginia Department of Social Services 09/27/2011
Summary affirmance – no error in trial court’s order finding there was substantial evidence in agency record to uphold a founded disposition of sexual abuse
0981114 D & C Metal, Inc. and FirstComp Insurance Company v. Elvin Steven Betanco 09/27/2011
Summary affirmance – no error in commission’s decision that appellee was totally disabled beginning September 16, 2009 and had not suffered an intervening accident in March 2009
1039111 Centurum, Inc. and Federal Insurance Company v. George W. Towe 09/27/2011
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee
1057112 Charles L. Brown v. VSE Corporation and Traveler’s Property & Casualty Company of America 09/27/2011
Summary affirmance – no error in commission’s finding that appellant’s reflex sympathetic dystrophy was not a compensable consequence of his work accident
1059113 Lantz Construction Company and Cincinnati Insurance Company v. Michael Adams 09/27/2011
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee
1076111 U R S Corporation and Insurance Company of the State of Pennsylvania v. Jeffrey Wayne Hailey 09/27/2011
Summary affirmance – no error in commission’s finding that after a work-related injury by accident in 2008, appellee adequately marketed his residual work capacity from May 3, 2010 forward
1727103 Antonio Eugene Palmer v. Commonwealth of Virginia 09/27/2011
As a trial transcript or statement of facts is indispensable to appellant’s issue regarding sufficiency of evidence to support convictions of eluding a law enforcement officer and driving on a revoked license and neither was provided on appeal, appellant’s convictions affirmed
1852101 John L. Harnois, Sr. v. Commonwealth of Virginia 09/27/2011
Summary affirmance – no error in trial court’s order denying appellant’s “Petition to Void Orders and Convictions Therefrom”
1986103 Thomas L. Switzer v. Paula Fridley, Samuel Smith, Jodi Smith, William Switzer and Carleen Switzer 09/27/2011
Summary affirmance – no error in trial court’s rulings addressing appellant’s numerous motions, pleadings, petitions, and other documents filed by appellant from October 2009 until August 2010
2657101 Nathaniel Mitchell, Jr. v. Commonwealth of Virginia 09/27/2011
Trial court did not err in denying motion to suppress where fifteen-minute detention for arrival of drug dog did not violate Fourth Amendment and stop was based on suspicion that appellant possessed drugs
0946101 William Bill Clark v. Commonwealth of Virginia 09/20/2011
Trial court did not err in denying appellant’s motion to suppress where evidence was sufficient to support finding that police developed reasonable suspicion for the detention and then probable cause for appellant’s arrest
1771101 Tigee Eugene Miles v. Commonwealth of Virginia 09/20/2011
Trial court did not err in finding evidence was sufficient to prove appellant conspired with a third party to distribute cocaine to the buyer and in resolving inconsistencies in the witnesses’ testimony in favor of the Commonwealth
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality, et al. 09/20/2011
Petition for rehearing granted
2376091 Edwin Miller v. Commonwealth of Virginia 09/20/2011
Appellant’s issues regarding whether trial court erred in admitting into evidence a summary of information from the victims’ medical records and in informing the jury that the summary was an agreed stipulation despite appellant’s objection to the admission of the stipulation barred by Rule 5A:18
0783113 Commonwealth of Virginia v. Aaron Matthew Floyd 09/13/2011
Trial court erred in granting appellee’s motion to suppress certain statements he made where appellee was not in custody when officer questioned him and officer was not required to provide Miranda warnings before questioning him
0820113 Wiseman Enterprises, Inc. and Sedgwick Claims Management Services, Inc. v. Martin Baez-Flores 09/13/2011
Summary affirmance - commission did not err in finding that appellee’s injury was causally related to the industrial accident and in awarding temporary total disability benefits
0472113 Neketia Jackson v. Lynchburg Department of Social Services 09/06/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where clear and convincing evidence proved termination was in best interests of children and appellant had been unable within a reasonable period of time to remedy conditions that led to foster care placement of children
0473113 Rodney Spradley v. Lynchburg Department of Social Services 09/06/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved termination was in best interests of children and appellant had been unable within a reasonable period of time to remedy conditions that led to foster care placement of children
0559113 Frank James Moorefield, Jr. v. Boxco, Inc. and Erie Insurance Exchange 08/30/2011
Summary affirmance – commission did not err in finding appellant’s injuries were not causally related to his employment and the assault was personal in nature
0872114 Allied Waste Industries, Inc. and Zurich American Insurance Company v. James Ashby 08/30/2011
Summary affirmance – no error in commission’s finding that appellee’s claim was not barred by willful misconduct
1052112 Alice M. Deane v. Marshalls, Inc. and American Casualty Company of Reading, Pennsylvania 08/30/2011
Summary affirmance – commission did not err in finding appellant’s claim for benefits for psychological conditions is barred by the doctrine of res judicata
0706112 Commonwealth of Virginia v. David William Bickford 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0707112 Commonwealth of Virginia v. Tracy Ruth Bickford, s/k/a Tracey Bickford 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0708112 Commonwealth of Virginia v. Larry Edward Turner, Jr. 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0671113 Sheetz, Inc. and Fidelity and Guaranty Insurance Company v. Brenda Louise Lloyd Riffey 08/23/2011
Summary affirmance – commission did not err in finding appellee was entitled to temporary total disability benefits and appellants were responsible for treatment by and referrals from appellee’s pain management specialist
0843112 David Anthony Brown v. Charlottesville Department of Social Services 08/23/2011
Trial court did not err in terminating appellant’s parental rights to his child when evidence showed termination was in child’s best interests
1527103 Frank Leo Cox, III v. Commonwealth of Virginia 08/23/2011
Trial court did not err in relying on statutory rebuttable presumption to conclude appellant had the requisite intent to defraud when he presented checks with intent to defraud; evidence was sufficient to support conviction of presenting two or more bad checks for cash
2022101 Ross & Sons Utility Contractor, et al. v. Christopher Samuel Hively 08/23/2011
Upon a Rehearing – commission erred in awarding appellee temporary partial disability benefits where appellee did not prove he adequately marketed his residual work capacity beyond the hours he worked part time; award dismissed
0242111 Commonwealth of Virginia v. William C. Thomas 08/16/2011
Trial court did not err in granting appellee’s motion to suppress cocaine seized during execution of search warrant for appellee’s home where trial court found credibility information of informant was recklessly omitted from affidavit and appellee proved probable cause was lacking
0655114 Christopher Michael Lam v. Town of Lurary Law Enforcement, et al. 08/16/2011
Summary affirmance – commission did not err in denying appellant’s claim for his shoulder injury
0771114 Theresa Anna Nicole Buffington v. Christopher Bates and Audrey Brown 08/16/2011
Summary affirmance – trial court did not err in awarding custody of appellant’s child to appellees
2589104 Marcus Anthony Smalls v. Bell Co. of Rochester and Travelers Indemnity Company of Illinois 08/16/2011
Summary affirmance – commission did not err in denying appellant’s claim for permanent partial disability benefits and payment of medical bills where those claims were barred by res judicata
0357102 Gary Don Castle, Jr. v. Commonwealth of Virginia 08/09/2011
Trial court did not abuse its discretion in revoking appellant’s suspended sentence where it found he violated good behavior condition
0763112 Hilario Hernandez v. Outback Steakhouse and Travelers Indemnity Company of America 08/09/2011
Summary affirmance – commission did not err in finding appellant did not prove his accident arose out of a risk or hazard of his employment, that there was no critical link between a work-related risk and the accident, that appellant was performing a job duty that made his fall more likely, or that there was a slippery substance on floor preceding fall
1481102 Betty J. Campbell v. Harry D. Campbell 08/09/2011
Trial court did not err in refusing to allow appellant to relitigate grounds for divorce, in relying on appellant’s constructive desertion of appellee in dividing marital estate, in finding appellee’s gifts to parties’ children did not constitute marital waste, or in finding appellant was not entitled to any past due support
1629102 Harry D. Campbell v. Betty J. Campbell 08/09/2011
Trial court did not err in classifying business as marital property, in relying on use of marital property as collateral as evidence of transmuting another business to marital property, or in disbelieving appellant’s testimony regarding alleged diminutions in business property
2536102 Homescapes, LTD., et al. v. Stephen Bruce Anderson, Jr. 08/09/2011
No error in commission’s finding that appellants failed to prove appellee unjustifiably refused to cooperate with vocational rehabilitation services
0318102 Todd Keith Wells v. Commonwealth of Virginia 08/02/2011
Trial court did not err in finding that Commonwealth’s Attorney had jurisdiction to prosecute violations of Code § 40.1-29(E) absent involvement of Commissioner, in allowing witness’ testimony or in allowing photocopy of check into evidence; trial court erred in finding “intent to defraud” did not need any further definition
0603112 Steven B. Crouch v. Battlefield Farms, Inc. and Northern Insurance Company of New York 08/02/2011
Summary affirmance – no error in commission’s denial of benefits where it found appellant did not prove an injury by accident resulting from a discernable incident or that appellant proved a distinct onset of symptoms
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality et al. 08/02/2011
Trial court did not err in refusing to conduct an evidentiary hearing on matter of standing; trial court erred in sustaining appellees’ demurrer to appellants’ amended petition for appeal
2174102 Fredericksburg Department of Social Services v. Zaskecha Washington 08/02/2011
Trial court did not err in denying appellant’s petitions to terminate appellee’s parental rights to her children where appellant did not meet its burden under Code § 16.1-283
2217102 Hunter Lee, III v. Fredericksburg Department of Social Services 08/02/2011
Trial court did not err in terminating appellant’s parental rights to his two children where appellee proved by clear and convincing evidence that termination was in best interest of children
2596101 Rebecca Lewis v. Stephen Bailey 08/02/2011
Summary affirmance – no error in trial court’s order regarding child support for parties’ children
1315101 Leonard Bell v. Commonwealth of Virginia 07/26/2011
No error in trial court’s finding that evidence was sufficient to prove the value of the money stolen from the victim’s wallet was $200 or more
1381103 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services, etc. 07/26/2011
Judgment of trial court finding appellant in contempt affirmed on all issues except where the trial court modified the 2007 support order retroactive to May 1, 2008
1382103 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services, etc. 07/26/2011
Judgment of trial court modifying appellant’s child support obligation affirmed in part and reversed and remanded in part
0551102 Cedric Leonard Cosby v. Commonwealth of Virginia 07/19/2011
Issue raised on appeal of whether trial court erred in revoking two years of his suspended sentence where he was not provided prior written notice trial court would be considering a new law violation at the revocation hearing barred by Rule 5A:18
0561111 Pines Residential Treatment Center and Travelers Indemnity Company of America v. Karen J. Frith 07/19/2011
Summary affirmance – no error in commission’s findings regarding appellee’s ongoing medical treatment
0785103 Brian Anthony Dove v. Commonwealth of Virginia 07/19/2011
Trial court did not err in finding evidence was sufficient to prove appellant stole the victims’ ATV; conviction of grand larceny affirmed
0792102 Richard E. Robinson v. Commonwealth of Virginia 07/19/2011
Appellant’s convictions of three felony counts of dog fighting affirmed where nothing suggests trial court abused its discretion in applying Code § 19.2-266.2 and denying as untimely appellant’s motion to dismiss two of the indictments as violative of his double jeopardy rights made on morning of trial
2692092 Elizabeth Morton Barham v. Commonwealth of Virginia 07/19/2011
Issue raised on appeal of whether trial court erred in holding that it did not have the authority to take a matter under advisement while the appellant fulfilled certain conditions with the understanding that the charge would later be dismissed barred by Rule 5A:18 as that was not the same question asked of trial court
0142114 Dale Warren Dover, Guardian Ad Litem for the Minor Child v. Victoria Walker 07/12/2011
Appeal dismissed where appellant failed to provide a necessary party and/or his counsel with a copy of the notice of appeal and that party did not waive the issue
2314104 John A. Ilg v. United Parcel Service, Inc. and Liberty Insurance Corporation 07/12/2011
Commission did not err in finding that as appellant never sought an award for his hand injury, appellees were not required to take that injury into account in establishing an unjustified refusal to participate in vocational rehabilitation
2357102 Alisa M. Costanzo v. Vincent J. Costanzo 07/12/2011
Trial court erred in finding appellant failed to present sufficient evidence to enable it to determine the issue of spousal support; remanded to trial court for determination based upon existing record
2503101 Joel Lannigan v. Virginia Beach Department of Human Resources 07/12/2011
No error in trial court’s decision to terminate appellant’s parental rights to his child where appellee made reasonable and appropriate efforts to assist appellant but he was not cooperative
0368114 Prince William County School Board and VML Insurance Programs v. Roberta Ann Rother 07/05/2011
Summary affirmance – appellant’s arguments on appeal are without merit
0917101 Daniel David Lucas v. Commonwealth of Virginia 07/05/2011
This Court declines to consider argument raised on brief as it was not raised in appellant’s petition for appeal; judgment affirmed
1395101 Quamar De-Wone Gregory v. Commonwealth of Virginia 07/05/2011
Trial court did not err in permitting hearsay evidence under the adoptive admission exception to the hearsay rule; judgment affirmed
1398101 Shavis Shundale Clark v. Commonwealth of Virginia 07/05/2011
Trial court did not err regarding the motion to suppress; as evidence was sufficient to support appellant’s convictions for possession of cocaine with intent to distribute and for transporting cocaine into the Commonwealth, those convictions are affirmed; as evidence was insufficient to support his conviction for conspiracy to distribute cocaine, that conviction is reversed and dismissed
2209104 William R. Brown v. Cowles Nissan Chrysler and VADA Group Self-Insurance Association 07/05/2011
Summary affirmance – no error in commission’s finding that appellant did not sustain a compensable injury by accident
2256103 Teresa Huffman v. Roanoke City Department of Social Services 07/05/2011
No error in trial court’s order terminating appellant’s residual parental rights to her daughter
2317091 Christopher Harris v. Jeanette Harris 07/05/2011
Trial court abused its discretion in excluding the psychological evaluations of the children; judgment reversed and case remanded
2704104 Alexandra A. Carr v. Timothy B. Carr 07/05/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for clarification without conducting a hearing
0721101 William Travis Newton v. Commonwealth of Virginia 06/28/2011
Appellant’s conviction for participating in a criminal street gang affirmed as the trial court did not abuse its discretion in admitting the Commonwealth’s evidence of prior criminal acts of two other individuals
0763101 Richard Michael Anderson v. Commonwealth of Virginia 06/28/2011
Trial court did not err in not excluding the testimony of the social worker on the ground that the recent complaint rule applies only to the “initial complaint” of the victim; all other arguments raised on appeal are procedurally defaulted; conviction affirmed
1346102 Steven Michael Friel v. Commonwealth of Virginia 06/28/2011
Appellant’s conviction affirmed without reaching the merits of his assignment of error as the record on appeal is not sufficiently complete to allow this Court to review the issue raised on appeal
2202104 Amarquaye Armar v. Adena F. Armar 06/28/2011
Trial court did not err by imputing income to husband in the amount that it did, in its spousal support award, and in ordering appellant to pay for appellee’s expert witness
2361101 Linda McIntyre v. DMHMRSAS Eastern State Hospital/Commonwealth of Virginia 06/28/2011
Commission’s decision reversed and case remanded as employer’s denial of benefits constituted a failure to provide medical care as a matter of law
2721101 Virginia International Terminals and United States Fidelity & Guaranty Company v. John McCarthy 06/28/2011
Commission did not err when it accepted as credible claimant’s testimony regarding how the accident occurred, when it found claimant’s excuse for providing untimely notice to employer reasonable, and when it found that employer had failed to overcome that excuse by showing employer was prejudiced by the delay
0143114 Commonwealth of Virginia v. Charles Matthew Sanford 06/21/2011
Trial court erred in finding officer lacked probable cause to arrest appellant and in suppressing appellant’s statements following his receipt of Miranda warnings; matter remanded to trial court
0476113 Maria R. Ortiz De Cardoso v. Virginia Employment Commission and George's Chicken, LLC 06/21/2011
Summary affirmance – no error in denial of unemployment benefits on ground that appellant left employment voluntarily without good cause
1989104 Shruti Parikh v. Jayesh Parikh 06/21/2011
Trial court's rulings regarding final divorce decree affirmed
2419104 Tamorah Chapman v. Virginia Employment Commission and Department of Treasury 06/21/2011
Summary affirmance – no error in denial of unemployment benefits due to misconduct connected with work
0575101 Donald Joseph Conley v. Commonwealth of Virginia 06/15/2011
Court issues writ of actual innocence and remands matter for sentencing for a driving under the influence second conviction
0146111 Cindy Gaines-Kyttle v. Virginia Tech University (VPI & SU)/Commonwealth of Virginia 06/14/2011
Summary affirmance – no error in commission's finding that appellant failed to prove what injury she suffered in an April 3, 2007 accident and that her ongoing symptoms, disability, and medical treatment were causally related to the accident
0338112 Max E. Monroe v. Richmond (City of) Public Works, et al. 06/14/2011
Summary affirmance – no error in commission's denial of certain medical benefits appellant alleged were related to his compensable workplace injury
1739104 Samina S. Paracha v. Shahid Paracha 06/14/2011
Summary affirmance – trial court did not err in holding appellant in contempt and in declining to hold appellee in contempt
2531104 Dale Warren Dover, Guardian ad litem for the minor children v. Victoria Walker 06/14/2011
Trial court did not abuse its discretion in its credibility and weight determinations and its finding that the required burden of proof to terminate appellee's parental rights to her two oldest children had not been met; argument regarding termination because appellee had committed a barrier crime barred by Rule 5A:18
0003112 Tyhan Tillman v. Halifax County Department of Social Services 06/07/2011
Trial court did not err in terminating appellant’s parental rights to his three children where evidence proved termination was in their best interest
0054113 Brittany N. Haskins v. Lynchburg Department of Social Services 06/07/2011
Summary affirmance – no error in termination of appellant’s parental rights to her children where termination was in their best interest
0102113 Roxanne Potter v. ITT Night Vision and Indemnity Insurance Company of North America 06/07/2011
Summary affirmance – no error in commission’s decision denying benefits
0637101 Kip Antonio Majette v. Commonwealth of Virginia 06/07/2011
Trial court did not err in denying appellant’s motion to suppress statements made to an officer where appellant’s statement failed to meet the legal test for invocation of the right to counsel as the statement was not clear and unequivocal
0866101 Dominion Virginia Power and Dominion Resources, Inc. v. Betty J. Pulley 06/07/2011
Commission erred in failing to properly apply the actual risk test to determine if appellee’s injury arose out of a risk peculiar to her employment rather than a risk common to the neighborhood; remanded to commission for further proceedings
1013101 Richard Hopfer v. Commonwealth of Virginia 06/07/2011
Rule 5A:18 bars appellant’s argument that the trial court erred in finding amount of damage to victims’ property met $1,000 threshold for felony destruction of property; argument that trial court improperly admitted and considered hearsay evidence is barred by Rule 5A:12 where appellant failed to include this specific argument in his assignment of error
1207102 Clyde Jardenza Hill, Jr . v. Commonwealth of Virginia 06/07/2011
Appellant’s convictions of grand larceny and possession of burglarious tool affirmed where trial court did not err in denying appellant’s motion to suppress where officer’s initial encounter with appellant was consensual and subsequent seizure did not violate Fourth Amendment and evidence was sufficient to prove value of stolen items exceeded $200
1733101 Boris James Alston v. Commonwealth of Virginia 06/07/2011
Trial court did not err in finding it did not have jurisdiction to run a sentence imposed in another jurisdiction concurrently with the sentence it imposed in this case; argument on appeal barred by Rule 5A:18 where appellant argues trial court erred in denying his motion to run this sentence concurrently with sentence imposed in other jurisdiction
2121104 Fairfax County School Board v. Michael A. Horgan 06/07/2011
No error in award of benefits to appellee where appellee gave a reasonable excuse for not giving appellant timely notice of his injury and appellant failed to meet its burden to prove prejudice by the delay
2703103 Darryl S. Harris v. Commonwealth of Virginia, Department of Social Services, etc. 06/07/2011
Summary affirmance – trial judge did not err in applying doctrine of unclean hands and denying appellant’s motion to modify his child support obligation where appellant also failed to carry burden of proof as he failed to offer evidence as to his expenses or as to any change in child’s needs
0906104 Jose Alberto Osorio v. Commonwealth of Virginia 05/31/2011
No error in trial court’s decision sustaining the Commonwealth’s Batson challenge to two of appellant’s peremptory strikes where trial court was able to personally observe the challenged jurors and found nothing noteworthy about the behavior of either
1052101 Keith Pernell Chisman v. Commonwealth of Virginia 05/31/2011
No error in trial court's finding that evidence was sufficient to establish appellant unreasonably refused to have a sample of his breath taken for purpose of having its alcohol content analyzed
1259102 Rontel Taylor v. Commonwealth of Virginia 05/31/2011
No reversible error in trial court's decision denying appellant's attempt to elicit testimony from officer concerning the course of his investigation where trial court denied testimony on relevance grounds and appellant argues evidence was admissible because it was not hearsay
0101114 Commonwealth of Virginia v. Maurice D. Gaskins 05/24/2011
Trial court erred in granting appellee’s motion to suppress where officer had reasonable, articulable suspicion to conduct a traffic stop as appellee’s center high mount stop light on his vehicle was defective and warranted further investigation
0119112 Food Lion, LLC and Delhaize America, Inc. v. Steven E. Wheeler 05/24/2011
Summary affirmance – no error in finding that appellee’s injury arose out of and in course of his employment
0373101 James Dillingham v. Commonwealth of Virginia 05/24/2011
No error in trial court’s finding that testimony of victim was credible and that evidence was sufficient to support convictions of forcible sodomy, rape, and abduction with intent to defile
0882101 Food Lion, LLC and Delhaize America, Inc. v. Laura Otey 05/24/2011
No error in commission’s finding that appellee’s shoulder injury was compensable or in its award of benefits to appellee
1072102 Anthony Timothy Green v. Commonwealth of Virginia 05/24/2011
Appellant’s conviction of possession with intent to distribute an imitation Schedule I or II substance affirmed on procedural grounds where appellant’s argument on appeal was never raised in trial court and appellant’s argument at trial was not raised in his assignment of error
1875104 Lolita Renee Howard v. Cost Plus World Market and Federal Insurance Company 05/24/2011
Error in commission’s finding that appellant’s claim for permanent partial disability benefits was not timely filed where parties’ joint stipulation did not operate as an abandonment or waiver of the permanency claim
0120112 Karl V. Wendell, III v. Westmoreland County and VML Insurance Programs 05/17/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to benefits where injury did not arise out of and in course of his employment and he was not on a special errand at time of injury
0123113 Holtzman Corp. and Federated Services Ins. Co. v. Wade Allen Seekford 05/17/2011
Summary affirmance – commission did not err in applying the dissimilar employment rule or in its finding regarding appellee’s employment
0124113 W.R. Deacon & Sons, et al. v. Yvonne Howard Lewis (Widow), etc. 05/17/2011
Summary affirmance – no error in commission’s finding that there was insufficient evidence to determine what the parameters were of an alleged safety rule or that the rule was enforced
0133111 Wendy Ann Clark v. WilcoHess, LLC, et al. 05/17/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to benefits because she did not sustain an injury by accident
0548101 Sheldon Andre Swilling v. Commonwealth of Virginia 05/17/2011
No error in trial court’s finding that appellant did not act in self-defense when he brandished a firearm
0768101 David Charles Johnson v. Commonwealth of Virginia 05/17/2011
Trial court did not err in denying appellant’s motion to suppress where search of appellant’s vehicle was not unconstitutional; error in trial court’s finding that appellant possessed more than one-half ounce of marijuana but less than five pounds with intent to distribute; remanded to trial court for resentencing on lesser-included offense
1120101 Rusty Eklund v. Rokia Sidabe Eklund 05/17/2011
No error in trial court’s denial of appellant’s motion to modify the entry date of a custody and visitation order from the juvenile court under Code § 8.01-428(C) for lack of jurisdiction
2221104 CVS Virginia Distribution Inc., et al. v. Evelyn Suzette Thompson 05/17/2011
No error in commission’s finding that appellants are responsible for appellee’s medical treatment for her lumbar facet joint syndrome where medical evidence and testimony of her treating physician established a causal connection between the injury and treatment
2542101 Ernest L. McCoy v. EHM Construction, Inc. and Uninsured Employer's Fund 05/17/2011
Summary affirmance – as appellant did not comply with Rule 5A:20(e), we need not consider appellant’s claims
2602103 Crystal Donahue v. Roanoke City Department of Social Services 05/17/2011
Issue of whether trial court erred by entering an “Agreed Order” withdrawing appellant’s appeal of a juvenile court decision changing goal of foster care plan to adoption and terminating her parental rights to her child barred by Rule 5A:18 where appellant and her counsel represented appellant wanted to withdraw her appeal and never objected to entry of order
1719102 Danny Woodrow Wilson v. ACE Hardware Corporation et al. 05/10/2011
Commission did not err in denying appellant benefits for injuries he received as a result a spider bite where appellant failed to prove by a preponderance of the evidence that the injury arose out of his employment
2025102 Steve Budnick v. Murphy-Brown, LLC & ACE American Insurance Co., Inc. 05/10/2011
Commission did not err in declining to exercise jurisdiction where it refused to order appellees to pay hospital that treated appellant because hospital showed a zero balance and no right of appellant was involved
2168103 Sears Roebuck & Company et al. v. Brian Martin 05/10/2011
No error in commission’s finding that appellee suffered a compensable injury by accident arising out of his employment and was entitled to benefits
2339103 Thomas Lee Sowers v. Karen S. Walker 05/10/2011
Summary affirmance – trial court did not err in finding that it lacked jurisdiction to hear appellant’s motions under the UCCJEA
2523091 Allen Jerome Smith, Jr. v. Commonwealth of Virginia 05/10/2011
Trial court did not err in finding evidence was sufficient to support convictions of one count of burglary, two counts of attempted burglary, and two counts of petit larceny
2676102 Virginia Equipment Distributors, Inc. et al. v. Johnny M. Bright, Sr. 05/10/2011
Summary affirmance – no error in commission’s findings that appellee was entitled to benefits for a work injury
1018102 Roderick Williams, Jr. v. Commonwealth of Virginia 05/03/2011
Appellant’s conviction of malicious wounding reversed where trial court found appellant “unluckily” caused felonious injury to victim and appellant’s actions were “malicious with no intent”; remanded for new trial on charge of assault and battery
1060103 Clarence Michael Wiseman, Jr. v. Commonwealth of Virginia 05/03/2011
Trial court did not err in refusing to instruct jury on justifiable homicide where evidence proved appellant was at fault, at least in part, for his conflict with the victim
1124101 Karsten Obed Allen v. Commonwealth of Virginia 05/03/2011
Trial court did not err in denying appellant’s motion to suppress where encounter between appellant and officer was a consensual encounter and not a seizure under the Fourth Amendment
1211103 Ryan Lee Pinnix v. Commonwealth of Virginia 05/03/2011
Trial court did not err in admitting evidence of other bad acts committed by appellant as relevant to the charges for which he was on trial
1700103 Cassandra Zonniece Stone v. Allstate Insurance Company & Fidelity & Guaranty Insurance Company 05/03/2011
No error in commission’s finding that appellant failed to prove her injuries were causally related to a compensable workplace injury; we are without jurisdiction to consider appellant’s claim for punitive damages
1829104 Wayne Walter Frye v. Sharon Lynn Barb Frye 05/03/2011
Trial court did not err in holding unimproved tract of land was not appellant’s separate property; trial court’s finding regarding marital residence reversed and remanded to trial court for further proceedings
1920102 Virginia Department of Corrections v. Celia W. Hodges 05/03/2011
Appellee’s motion to dismiss granted and appeal dismissed without prejudice where orders appealed from are not final orders and are not subject to appeal
2022101 Ross & Sons Utility Contractor, Inc. et al. v. Christopher Samuel Hively 05/03/2011
Petition for Rehearing granted
2120104 Reffat K. Abofreka, M.D. v. Virginia Board of Medicine 05/03/2011
Summary affirmance – no error in trial court’s decision affirming appellee’s decision denying appellant’s petition for reinstatement of his license to practice medicine and surgery in Virginia
2177102 Stephanie Gayle McMillian v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in finding termination was in the best interests of the children and terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
2389102 James Daniel Williams, Jr. v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in changing the goals to adoption and terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
2436102 Stephanie Gayle McMillian v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in approving the plans for goals of adoption
2540104 Updike Industries, Inc. and Commerce & Industry Insurance Company v. Anthony Lionell Thacker, III 05/03/2011
Summary affirmance – commission did not err in awarding appellee benefits
2778091 Charles R. Bowser v. Commonwealth of Virginia 05/03/2011
Trial court did not err in finding evidence was sufficient to prove appellant committed a battery against a correctional officer
0813102 Lamone Lewis v. Commonwealth of Virginia 04/26/2011
Trial court erred in finding evidence to support conviction of possession of marijuana with intent to distribute where it failed to prove the marijuana locked in glove compartment of vehicle appellant owned but was not occupying at time of search was subject to his dominion and control and that he was aware of its presence
1157102 David Junior Howell v. Commonwealth of Virginia 04/26/2011
Commonwealth’s motion to dismiss appeal granted where appellant’s contention that he was denied effective assistance of counsel is not cognizable on direct appeal
1711102 Evelyn F. Brown v. Paul C. Josey, Jr. 04/26/2011
Appeal dismissed without prejudice where we lack subject matter jurisdiction to consider the merits of this appeal
2689092 David Grey Jordan, Jr. v. Commonwealth of Virginia 04/26/2011
Appellant’s convictions of stalking, third or subsequent offense and violating a protective order affirmed where trial court did not err in instructing jury that facts relating to prior charge could be considered as evidence of common scheme or plan
3059083 Guy Anthony Banks, Jr. v. Commonwealth of Virginia 04/26/2011
Upon Remand from the Supreme Court of Virginia – trial court erred in granting appellant’s motion to suppress where officers’ need to obtain a jacket for appellant did not constitute an exigency justifying the warrantless seizure
0859104 David Ray Gay v. Commonwealth of Virginia 04/19/2011
Trial court did not abuse its discretion in denying appellant’s two motions for a continuance or in finding evidence was sufficient to support convictions of attempted rape, abduction with intent to defile, and assault and battery
1054102 Tonya Serena Charles v. Commonwealth of Virginia 04/19/2011
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of two counts of uttering bad checks
1710104 Siamak Afsoos v. Ladan Afsoos 04/19/2011
Trial court did not err in valuing stock of appellant’s business, in determining amount of spousal support award to appellee, in requiring appellant to submit to Iranian divorce proceedings pursuant to agreement of parties, or in denying appellant’s motions to reconsider; final decree of divorce affirmed
1902104 Tina Maria Proctor Smith v. County of Arlington and PMA Management Corporation 04/19/2011
No error in commission’s finding that appellant did not suffer a compensable psychological injury by accident
2364103 Dale Gene Lee Lynchburg Division v. Lynchburg Division of Social Services 04/19/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of his children or in placing one child in permanent foster care
2509103 Faith P. Loftin v. City of Lynchburg Department of Social Services 04/19/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children
0399104 Sherrie Morgan v. Renee Kifus and David Chowaniec 04/12/2011
Trial court did not err in finding that appellant’s petition for paternity and declaratory relief was barred by res judiciata and in dismissing it where appellant sought to relitigate a prior custody decision
1345104 Atlas Van Lines and Legion Insurance Company v. Edward J. Kerr 04/12/2011
No error in commission’s findings that appellee was entitled to file for temporary partial disability benefits pursuant to Code § 65.2-708, that appellee made reasonable efforts to market his residual capacity, and that appellee suffered a continuing partial disability
1900102 Sherman & Sherman Properties v. Peter L. Long 04/12/2011
No error in commission’s finding that appellee was an employee of appellant and that appellant was an employer of appellee and had three or more employees and was subject to the Act
1940102 Peter L. Long v. Sherman & Sherman Properties and Uninsured Employer's Fund 04/12/2011
No error in commission’s finding that appellant was not entitled to temporary total disability benefits after August 10, 2007
2203104 Starbucks Coffee Co. and American Zurich Ins. Company v. Nathan Merrill 04/12/2011
Commission did not err in awarding appellee temporary total disability benefits
2477101 Kellyn Wilson and Bobby Joe Wilson v. James City County Division of Social Services 04/12/2011
Summary affirmance – trial court did not err in terminating appellants’ parental rights to their children under Code § 16.1-283(C)(2)
2593103 Karilyn Shepherd v. Merillat Industries and Travelers Indemnity Company of America 04/12/2011
Summary affirmance – no error in commission’s finding that appellant failed to prove her carpal tunnel syndrome developed as a result of her employment and not from any other causes
0001101 Saundra Payne Barlow v. Commonwealth of Virginia 04/05/2011
Appellant’s argument regarding sufficiency of evidence barred by Rule 5A:18 where she did not object to admissibility of blood alcohol analysis at trial; trial court was entitled to afford some weight to those results once they were admitted as evidence; conviction of driving under the influence, third offense affirmed
0463104 Jean Paul Enriquez v. Commonwealth of Virginia 04/05/2011
No error in trial court’s finding that evidence was sufficient to support conviction of driving under the influence of alcohol where appellant was “operating” vehicle by having key in ignition and car radio illuminated and playing music
0465092 Freddie W. Robinson, Jr. v. Commonwealth of Virginia 04/05/2011
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of obtaining, or attempting to obtain, at least $200 worth of utility service by fraud
1027104 Abderrahim Naaman v. Sahar Larrazabal 04/05/2011
Judgment of trial court affirmed where appellant failed to provide an adequate appendix to enable Court to address his assignments of error
1570104 Jeremy Antonio Washington v. Commonwealth of Virginia 04/05/2011
Trial court did not err in finding it lacked jurisdiction to conduct a review hearing of appellant’s commitment to Department of Juvenile Justice where review date was set outside of statutory 60-day period under Code § 16.1-289
1762102 Tynesha Chavis v. Hopewell Department of Social Services 04/05/2011
No error in trial court’s finding that it lacked jurisdiction over appellant’s appeals from J&DR court as appellant’s notices of appeal from the adjudicatory orders were premature and appellant never appealed the dispositional orders
2028104 Justin Maas v. Loudoun County and Wells Fargo Disability Management 04/05/2011
No error in commission’s finding that appellant was not entitled to temporary disability benefits where his left knee injury sustained when he stepped out of his patrol car did not arise out of the course of his employment
2386102 Colleen D. Harlow v. Capital One Services and Royal Indemnity Company 04/05/2011
Summary affirmance – commission did not err in not awarding appellant a lower extremity permanent impairment rating
1446104 William H. Kirkendale v. Kristen A. Kirkendale 03/29/2011
Summary affirmance – final divorce decree affirmed where appellant’s issues barred by Rules 5A:18, 5A:20(e), and 5A:25
1539102 Christopher Lee Packard v. Commonwealth of Virginia 03/29/2011
Trial court erred in failing to rule on whether appellant was physically unable to take the breath test; matter remanded to trial court for a determination on evidence already before court of that issue
1943102 Shawn L. Coble v. Henrico (County of) Fire 03/29/2011
No error in commission’s determination denying appellant benefits where appellee overcame the presumption in Code § 65.2-402(B)
2193101 Commonwealth of Virginia v. Tyler Cannon Spain 03/28/2011
Trial court erred in granting appellee’s motion to suppress marijuana found in his backpack where officer had reasonable, articulable suspicion to detain him based on appellee’s words, actions, clothes, and movements
0708101 Jason Lamont Jones v. Commonwealth of Virginia 03/22/2011
Trial court did not err in denying appellant’s motion to suppress cocaine found in glove box when vehicle was searched incident to appellant’s arrest on a separate charge and, based on totality of circumstances, officers had probable cause for that arrest
0921103 Commonwealth of Virginia, Board for Contractors v. Michael Gavigan 03/22/2011
No error in trial court’s order reversing appellant’s decision to deny appellee’s unsatisfied judgment under the Virginia Contractor Transaction Recovery Act; matter to be remanded to appellant for payment of claim
2068103 Rachel H. Slusser v. Giles County Department of Social Services 03/22/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance; no error in trial court’s termination of appellant’s parental rights to her children
2069103 Rachel H. Slusser v. Giles County Department of Social Services 03/22/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance; no error in trial court’s termination of appellant’s parental rights to her children
2107093 Brandon Maurice Collins v. Commonwealth of Virginia 03/22/2011
Trial court’s error in admitting certificate of analysis over appellant’s objection without testimony from analyst harmless where other evidence, including appellant’s admission in testimony, established that substance was marijuana
2240101 Vilayvong Kapoo Thongvathsa v. Roberts Furniture and Mattress, and et al. 03/22/2011
Summary affirmance – no error in commission’s finding that appellant’s injury by accident was not compensable because he was not engaged in a “special errand” for his employer at the time he was injured
2507094 Rocky Louis King v. Commonwealth of Virginia 03/22/2011
Appellant’s argument that trial court erred by denying his post-trial motion for mistrial or a hearing on the effect of third-party contact with jurors waived on appeal where appellant failed to timely object when the trial court informed him of the third-party contact
2005104 Branell Harris v. Virginia Employment Commission and Reston Hospital Center, LLC 03/15/2011
Summary affirmance – circuit court did not err in affirming VEC’s decision that appellant was disqualified for unemployment compensation due to misconduct
2022101 Ross & Sons Utility Contractor, Inc. and et al. v. Christopher Samuel Hively 03/15/2011
Commission’s award of temporary partial disability benefits to claimant is reversed as the record contains no evidence claimant made a reasonable effort to market his residual work capacity beyond obtaining a new job for a portion of the hours he worked pre-injury; case remanded to commission
2288103 Michele Lynn Navarro v. Cafe Enterprises, Inc. and Travelers Indemnity Company of America 03/15/2011
Summary affirmance – appellant’s arguments on appeal are without merit
2313102 E. C. Management Services, Inc. and et al. v. Robinette Anderson 03/15/2011
Summary affirmance – commission did not err in finding that appellee adequately marketed her residual work capacity and in awarding her continuing wage benefits
0071102 Robert James Ward v. Commonwealth of Virginia 03/08/2011
Trial court did not err in finding the evidence presented at trial sufficiently corroborated appellant’s extrajudicial confession to establish the corpus delicti of the charged offense and in finding the evidence sufficient to convict appellant of carnal knowledge of a brute animal
0528104 Keith John Anderson v. Commonwealth of Virginia 03/08/2011
Trial court did not err in not ordering sua sponte an evaluation of appellant’s competency to stand trial under the terms of Code § 19.2-169.1; appellant’s conviction is affirmed
1167102 Minor Child By His Court-Appointed Guardian Ad Litem v. Roijo E. Ellis and Robert E. Ellis, Jr. 03/08/2011
Trial court did not err in granting mother’s motion to strike; trial court’s dismissal of the guardian ad litem’s petition is affirmed as the guardian ad litem’s evidence did not meet the prima facie burden established in Code § 16.1-228 for proving that a child is in need of services
1410104 Virginia Department of Transportation/Commonwealth of Virginia v. Marion Franklin Shaffer 03/08/2011
Commission did not err in awarding claimant permanent total disability benefits as there was credible evidence to support the commission’s finding of causation and that claimant’s leg injuries rendered his legs unusable for any gainful employment
1509103 James Allan Myers v. Shelby Lynne Smith Myers 03/08/2011
Trial court did not err in granting appellant’s former spouse a share in two retirement plans
1530101 Danielle Nichole Hughes v. Daniel Nicholas Hughes and Linda Smith Hughes 03/08/2011
No error in trial court’s order authorizing the adoption of appellant’s daughter by appellant’s father and stepmother
1600102 Lydia C. Hayes v. Perrel Managment Company, Inc. and AMCOMP Employers Preferred Insurance Co. 03/08/2011
No error in commission’s decision to terminate Hayes’ award of temporary total disability benefits
1633102 Perrel Management Company, Inc. and AMCOMP Employers Preferred Insurance Co. v. Lydia C. Hayes 03/08/2011
No error in commission’s decision authorizing Hayes a new treating physician for compensable medical treatment
1976102 Commonwealth of Virginia v. Brandon Marshall Turner 03/08/2011
Trial court erred in holding that a formal arrest must precede the search of a suspect’s person as the officer had probable cause to arrest Turner for possession of marijuana when he searched him; trial court’s order granting the motion to suppress is reversed and this matter is remanded to the trial court for trial
2198102 Rodney D. McNair v. Reinhart Food Service, LLC and Indemnity Insurance Company of North America 03/08/2011
Summary affirmance – no error in commission’s decision denying appellant’s claim for benefits
2233104 Inova Fairfax Hospital, Inova Health System Foundation, Inc. and et al. v. Nezha Alaoui 03/08/2011
Summary affirmance – as those questions and arguments raised before the commission are without merit, award is affirmed
2285102 Wendy Roane v. Virginia Retirement System 03/08/2011
Summary affirmance – trial court did not err in dismissing appellant’s petition for appeal as appellant admittedly failed to timely file the petition for appeal and the trial court had no authority to extend the filing deadline
0117104 Wayne F. Moore v. Ruth Doris Moore 03/01/2011
Trial court erred in ordering appellant to name appellee as a beneficiary under his life insurance policy in the absence of a written agreement between the parties; remainder of equitable distribution affirmed
0455101 Derreak Lamonte McMillian v. Commonwealth of Virginia 03/01/2011
Trial court did not err in admitting evidence of prior crimes to establish appellant’s identity as perpetrator of offenses of murder, use of a firearm in commission of murder, and grand larceny
1232103 Jose L. Bernabe Hernandez v. Shenandoah Valley Department of Social Services 03/01/2011
As subsections of Code § 16.1-283 are distinct, appellant’s arguments regarding termination of his parental rights under subsections (B) and (C)(2) are moot where trial court terminated his parental rights specifically only under subsection (E)
1233103 Jose L. Bernabe Hernandez v. Shenandoah Valley Department of Social Services 03/01/2011
As subsections of Code § 16.1-283 are distinct, appellant’s arguments regarding termination of his parental rights under subsections (B) and (C)(2) are moot where trial court terminated his parental rights specifically only under subsection (E)
1332104 Kathleen Marie Roth v. Donald Davis Roth, II 03/01/2011
No error in trial court’s finding that parties’ property settlement agreement did not grant appellant an equitable interest in appellee’s retirement pension that did not exist at the time of execution of the agreement
1491102 James D. Chaney v. Honeywell International Inc. and Indemity Insurance Company of North America 03/01/2011
No error in commission’s finding that appellant failed to meet his burden of proof in demonstrating he made reasonable efforts to adequately market his residual work capacity and its denial of temporary partial disability benefits
1827103 Weldon A. Mongold v. Harrison Rockingham Social Services District 03/01/2011
Summary affirmance – no error in trial court’s decision to terminate appellant’s parental rights to his child
2691092 Michelle Diane Lindsey v. Commonwealth of Virginia 03/01/2011
Trial court’s limitation of cross-examination of one of Commonwealth’s witnesses to prove possible bias harmless error where extensive evidence proved appellant’s guilt
0324102 Carmen Marie Duckworth v. Commonwealth of Virginia 02/22/2011
No error in trial court’s finding that Commonwealth had presented sufficient evidence to prove Mecklenburg County was proper venue for prosecution of appellant’s forgery charge
0991104 Wayne Smith v. Rockingham (County of) and Virginia Association of Counties Group Self-Insurance 02/22/2011
No error in commission’s finding that appellant’s evidence failed to prove his injury arose out of his employment where it found no connection between height or condition of step and appellant’s knee injury
1182102 Arthur M. Jones and Mary Jones v. Henrico Department of Social Services 02/22/2011
Trial court did not err in denying appellants custody of their granddaughter where it found they were not suitable custodians and the relative they suggested for placement was also not a suitable custodian
1644104 Scott D. Whitmore v. Barbara A. Whitmore 02/22/2011
Summary affirmance – no error in trial court’s decision to award dog to appellee
1720102 Sheila Runyon, Administratrix of the Estate of Howard Runyon v. CBS Construction Company, et al. 02/22/2011
Commission did not err in refusing to award appellant benefits where it found she was not a presumptive dependent under Code § 65.2-515 and was not entitled to an award of benefits under Code § 65.2-511
1748103 Keisha Wingo v. Tazewell County Department of Social Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children
1758103 Michael Wingo v. Tazewell County Department of Social Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his three children
1973101 Joel Lannigan v. Virginia Beach Department of Human Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children
2109102 James Milton Carter, Jr. v. Aaron A. Hoffman T/A Hoffman Construction Company, et al. 02/22/2011
Summary affirmance – no error in commission’s decision that appellant’s claim was time-barred and that appellees were not responsible for his mileage reimbursement and medical expenses
2181103 Clinchfield Coal Company and The Pittson Company v. Franklin Lewis Calo 02/22/2011
Summary affirmance – no error in commission’s finding that appellee’s motion to amend his claim for temporary total disability benefits was not time-barred
2496094 Sharon Ruth Tucker v. John Harrison Clarke 02/22/2011
No error in trial court’s order awarding primary physical custody of parties’ child and final decision making authority over education and day care issues to appellee; no error in trial court’s refusal to disqualify appellee’s attorney
2497094 Sharon Ruth Tucker v. John Harrison Clarke 02/22/2011
No error in trial court’s order awarding primary physical custody of parties’ child and final decision making authority over education and day care issues to appellee; no error in trial court’s refusal to disqualify appellee’s attorney
1353103 Barbara Jean Perry Brock v. Jerry Earnest Brock 02/15/2011
Trial court did not err in classifying Vanguard IRA as appellee’s separate property in equitable distribution in final decree where parties had previously agreed to divide appellee’s retirement, appellant had received her share, and appellee placed his share into IRA at issue
1521102 Rita Ann Van Arsdall v. Roy Thomas Van Arsdall 02/15/2011
Summary affirmance – no error in trial court’s decision regarding spousal support in final decree where trial court considered appellant’s income and expenses and her medical condition and healthcare needs
1550104 Robert Louis Freeman, III v. Deborah Leigh Golden 02/15/2011
Summary affirmance – no error in custody and visitation order regarding parties’ child
1561104 James F. Redding v. Community Living Alternatives and Liberty Mutual Insurance Company 02/15/2011
Summary affirmance – no error in commission’s finding regarding appellant’s claims
1744102 Sears Roebuck and Company and et al. v. Joey Wayne Brooks 02/15/2011
Summary affirmance – no error in commission’s finding that appellee’s injury arose out of his employment
2029091 Mills Eugene Rose v. Commonwealth of Virginia 02/15/2011
No error in trial court’s finding that appellant operated a motor vehicle where the key to vehicle was in ignition switch turned to auxiliary position, the radio was running, and appellant was in driver’s seat; conviction of driving a motor vehicle while intoxicated affirmed
1979102 Commonwealth of Virginia v. Michael Adam Ferrell 02/10/2011
Trial court erred in granting appellee’s motion to suppress where individual with apparent authority to consent to search of vehicle never stated explicitly that she withdrew her consent to the search and she merely repeated statements of another that he did not want the search to take place
0190101 Robert Charles Bostic v. City of Virginia Beach 02/08/2011
No error in trial court’s finding that assault and battery of victim occurred within city limits where incident was 40 yards from the Virginia Beach shoreline in the Chesapeake Bay based on record in this case
0939104 Geeve Assari v. Suzanne R. Assari 02/08/2011
Trial court did not err in imputing income to appellant where appellant’s income was partially reduced due to factors beyond his control and partially due to his own voluntary underemployment
1508103 Viviana Mayanes v. Shenandoah Valley Department of Social Services 02/08/2011
Summary affirmance – trial court did not err in finding evidence sufficient to support termination of appellant’s parental rights to her three children
1847104 Richard Clayton v. State Building Code Technical Review Board 02/08/2011
Trial court did not abuse its discretion in finding that appellee properly interpreted its regulations when it determined that retrofitting of firestops in appellant’s condominium building is not required as a matter of law
1871103 Christian Fauber v. Shenandoah Valley Department of Social Services 02/08/2011
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her son
1889093 Joshua Jonathan Hairston v. Commonwealth of Virginia 02/08/2011
Trial court did not err in excluding appellant’s proffered evidence allegedly bearing on victim’s character and appellant’s state of mind at time of shooting; convictions of second-degree murder and use of a firearm in commission of felony affirmed
2509091 Robert Randolph Williams v. Commonwealth of Virginia 02/08/2011
Trial court did not err in denying appellant’s motion to suppress where traffic stop was supported by a reasonable, articulable suspicion of criminal activity
2590091 O'Dane Greg Maye v. Commonwealth of Virginia 02/08/2011
Trial court erred in ordering restitution for an “indirect” loss to one of appellant’s victims; remanded to trial court to make appropriate corrections to amount of restitution
2832091 Steven Prevounce Lamb v. Commonwealth of Virginia 02/08/2011
Trial court did not err in finding evidence sufficient to conclude appellant had knowledge of the presence of firearm situated beneath driver’s seat of vehicle appellant was driving and that firearm was subject to his dominion and control
2846092 Carol Norman Drew, III v. Commonwealth of Virginia 02/08/2011
Trial court did not err in granting Commonwealth’s motion to join appellant’s case with his co-defendant for trial or in denying appellant’s motion for mistrial where it was not manifestly probable that the witness’ testimony prejudiced appellant
0120104 Julia Souter v. County of Warren 02/01/2011
Appellant’s conviction for violating Warren County’s noise ordinance reversed where ordinance was unconstitutionally vague
0634103 Joshua Thomas Williams v. Department of Social Services for the County of Campbell 02/01/2011
As trial court terminated appellant’s parental rights to his child under Code § 16.1-283(B) and (C)(2) and appellant only challenged decision as to subsection B, ruling under subsection C stands and renders challenge to termination under subsection B moot
0698103 Heather Renee Irvine Price Williams v. Department of Social Services for the County of Campbell 02/01/2011
No reversible error in trial court’s decision to admit two internet generated exhibits into evidence; evidence was sufficient to support termination of appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1070102 Scott Thomas McNamee v. Sharon Jones McNamee 02/01/2011
Trial court’s order denying appellant’s motion to amend spousal support based on changes in circumstances affirmed in part, reversed and remanded in part, and reversed and vacated in part
1102103 Tabitha Ann Harris v. City of Danville Division of Social Services 02/01/2011
Memorandum opinion withdrawn and order withdrawing appeal substituted in its place
1883091 Michael Lancaster v. Commonwealth of Virginia 02/01/2011
Based on record on appeal, any error by trial court in refusing to grant appellant’s proffered instruction on justifiable self-defense harmless
1987103 Richard Allen Frayer v. Williams Brothers Lawn & Tree Service, etc. 02/01/2011
Summary affirmance – no error in commission’s finding that appellant unjustifiably refused vocational rehabilitation services
2613094 Trang Chau v. Commonwealth of Virginia 02/01/2011
Trial court did not err in finding evidence sufficient to prove appellant was guilty of two counts of credit card theft and two counts of credit card fraud
0753103 Timothy M. Barrett v. Valerie Jill Rhudy Barrett 01/25/2011
Trial court did not abuse its discretion in awarding custody of parties’ four children to appellee
1007104 Hyatt Regency Crystal City and Hyatt Corporation v. Charles Spencer 01/25/2011
No error in commission’s award of benefits to appellee where credible evidence supported finding that appellee’s shoulder injury was caused by workplace accident and not related to his pre-existing condition
1166104 Maria T. Chirino v. Prince William County School Board and et al. 01/25/2011
No error in commission’s finding that appellant failed to prove she developed a frozen shoulder as a compensable consequence of her workplace accident
1335103 Phillip Hopkins v. Sandy D. Hopkins 01/25/2011
Summary affirmance – no error in trial court’s order denying appellant’s motion to modify his spousal support obligation where appellant’s reduction in income was through a voluntary change in employment and not a material change of circumstances warranting a change or abatement of support
1437102 Aristotelis Pramagioulis v. Cynthia Pramagioulis 01/25/2011
Summary affirmance – trial court did not err in rescinding property settlement agreement given gross disparity in division of assets and overreaching influences to persuade appellee to sign; final decree of divorce affirmed
1737102 Prince William County School Board and VML Insurance Programs v. Mary E. Rahim 01/25/2011
Petition for Rehearing En Banc granted
1878102 Gloria Anne Fleming v. Philip Morris USA, Inc. and American Protection Insurance Company 01/25/2011
Summary affirmance – no error in commission’s findings appellant was not underpaid benefits, was not entitled to a penalty on unpaid benefits or on cost of living adjustments, and that there was no evidence appellees withheld payments intentionally or in bad faith
0671101 Rebecca Dunn v. Commonwealth of Virginia, Department of Social Services 01/18/2011
Trial court did not err in terminating appellant’s residual parental rights to her three children as it applied the correct standard of proof and was not required to further investigate placing children with appellant’s sister
1301101 Rabha Namrouri Chaplain v. Billy W. Chaplain 01/18/2011
No error in trial court’s determinations that the parties’ premarital agreement was not unconscionable and that wife executed it knowingly and voluntarily
0127101 Niles Sebastian Harrison v. Commonwealth of Virginia 01/11/2011
Trial court did not abuse its discretion, under circumstances of this case, in refusing appellant’s motion to reopen the evidence and allow appellant to testify
0484101 Peter Franklin McCoy v. Josephine Ann Pascarella 01/11/2011
Trial court did not abuse its discretion in awarding primary physical custody of parties’ children to appellee
0485101 Josephine Ann Pascarella v. Peter Franklin McCoy 01/11/2011
No error in trial court’s determination of parties’ ownership percentages of business, in its distribution of parties’ marital property, in classifying and valuing parties’ property and appellant’s tax debt, in addressing issue of hybrid property, or in finding no child support arrearage existed
0864104 William Noel Blair v. Karin Lullman Blair 01/11/2011
No error in trial court’s order modifying appellant’s spousal support obligation to appellee where it was reasonable for trial court to conclude that parties anticipated appellee’s eligibility to receive social security benefits during term original spousal support award would be in effect when they entered the property settlement agreement
1699103 Claude Wesly Stotts v. Boart Longyear Company and Zurich American Insurance Company 01/11/2011
Summary affirmance – no error in commission’s finding that appellant did not adequately market his residual work capacity
1849101 Limon Construction Company and Stonewood Insurance Company v. Efrain Grimaldo Guerrero 01/11/2011
Summary affirmance – no error in commission’s finding that appellee need for ongoing medical care and disability was causally related to work accident and its determination of appellee’s pre-injury average weekly wage
2232092 Anonymous C v. Anonymous B 01/11/2011
Order of trial court pertaining to preliminary protective order implemented by juvenile and domestic relations district court affirmed in part, reversed in part, and remanded to trial court for further proceedings
2420094 Hector Luis Pagan v. Commonwealth of Virginia 01/11/2011
Any error by trial court in admitting hearsay evidence of an investigation in another jurisdiction harmless where trial court specifically stated it did not reply upon that evidence in reaching its sentencing decision
2440091 James Dario Maciel, Jr. v. Commonwealth of Virginia 01/11/2011
No error in appellant’s conviction of trespassing where appellant willfully continued to occupy apartment without authority of law, after he had clearly been forbidden to do so, and fact finder could have rejected appellant’s affirmative defense where he failed to establish a sincere, though mistaken, good faith belief he had some legal right to occupy apartment
2714093 Daphne Mayhew v. John Mayhew 01/11/2011
Trial court did not err in its classification of appellee’s defined contribution retirement plan; trial court erred in its determination as to amount of appellee’s separate contribution to marital residence
0870104 Catherine L. Dunfee v. David A. Dunfee 12/28/2010
Trial court erred in awarding appellee part of funds from refinance on property, in failing to value appellee’s professional tools, and in awarding appellee half of CD; remainder of decree affirmed
1370103 Teresa Grimes Guynn and Steven D. Guynn v. Pulaski County Department of Social Services 12/28/2010
Trial court did not err in finding appellee provided reasonable and appropriate services to appellants or in terminating parental rights of appellants to their children
0761104 Iftikhar H. Saiyed v. Virginia Employment Commission 12/21/2010
Summary affirmance – no error in trial court’s finding that appellant was not entitled to unemployment compensation benefits
0814104 Family Dollar Stores, Inc. et al. v. Jackie James Presgraves 12/21/2010
No error in commission’s award of benefits where evidence proved appellee suffered an injury by accident arising out of his employment, that his injuries were caused by the accident, that the disability and medical treatment were related to accident, and medical evidence supports periods of disability
1021104 Philip A. Hoyle v. Jennifer M. Hoyle 12/21/2010
Summary affirmance – transcript of timely filed written statement of facts indispensable to determination of issues raised on appeal
1064104 Koorosh Azandeh v. Simindokht Okhravi Azhandeh 12/21/2010
Summary affirmance – no error in trial court’s finding that child support provision in parties’ property settlement agreement was null and void
1102103 Tabitha Ann Harris v. City of Danville Division of Social Services 12/21/2010
Trial court abused its discretion in refusing to grant a continuance of permanency planning hearing so appellant could attend hearing where appellant’s counsel provided an explanation for her absence and requested a brief continuance
1256091 Glenn Antoine Harrison, Jr., a/k/a Glenn Harrison, Jr. v. Commonwealth of Virginia 12/21/2010
Any error by trial court in admitting autopsy report into evidence when performing medical examiner did not testify harmless where nothing in autopsy report pertained to identity of assailant, the only issue contested at trial
1486104 EMCOR Group, Inc./Combustioneer Corporation, et al. v. William Raymond Belt, Jr. 12/21/2010
Summary affirmance – no error in commission’s finding that appellee suffered a compensable, work-related injury to his right foot and ankle
1559101 Alice Kay Perreault v. Virginia Employment Commission and City of Norfolk 12/21/2010
Summary affirmance – no error in circuit court’s finding that appellant was disqualified for unemployment compensation benefits due to misconduct and finding that she had a fair and impartial hearing before the VEC
1737102 Prince William County School Board and VML Insurance Programs v. Mary E. Rahim 12/21/2010
Summary affirmance – no error in commission’s award of compensation benefits to appellee
1897091 Shadeede Ali Muhammad v. Commonwealth of Virginia 12/21/2010
Trial court erred in denying appellant’s motion to suppress cocaine particles found in driver’s seat of vehicle in which appellant was passenger where evidence was insufficient to support a finding that he was engaged in criminal enterprise with driver and officers lacked probable cause to search appellant
2260092 Rosa Coleman v. Commonwealth of Virginia 12/21/2010
Appellant’s appeal of order authorizing Commonwealth to provide medication over her objection procedurally defaulted where she failed to develop her due process and equal protection arguments in her brief or otherwise support her assertions with legal authority and failed to obtain ruling from trial court on her challenge to constitutionality of statute
2451091 Demonte Rayshawn Worrell v. Commonwealth of Virginia 12/21/2010
Error in appellant’s conviction of unlawful wounding where insufficient circumstances of violence and brutality surrounding appellant’s single punch of victim supported inference of intent to maim, disfigure, disable or kill victim
0748102 Toby James Mitchell v. Commonwealth of Virginia 12/14/2010
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where appellant acquiesced in setting of original trial date outside of time frame under Code § 19.2-243
0877103 Ricardo Francois Johnson v. Commonwealth of Virginia 12/14/2010
No error in trial court’s finding that evidence was sufficient to prove appellant was in close proximity to concealed weapon in back seat of vehicle where appellant had been sitting and was then “about his person”
1002101 Eastern Shore Community Services Board and Vacogsia v. Brenda Annette Robinson 12/14/2010
No error in commission’s finding that appellee suffered an injury by accident arising out of and in the course of her employment
1025104 Nasser T. Zonoozi v. Soudabeh Aharipour 12/14/2010
Summary affirmance – final decree of divorce affirmed where appellant failed to comply with Rule 5A:20(a), (c), (e), and (f) and failure to comply with rule is significant
1229102 Dennis Grover Blackwell v. Natalie Denise Blackwell 12/14/2010
Summary affirmance – no error in final decree of divorce awarding appellee divorce based on living separate and apart for one year, in denying appellant award of attorney’s fees, or in granting appellee award of attorney’s fees
2170092 Donald Lamont Smith v. Commonwealth of Virginia 12/14/2010
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where IAD was not triggered by appellant’s written demand for speedy trial, where appellant was tried within statutory period of Code § 19.2-243, and appellant neither alleged nor proved prosecutorial misconduct
2367091 Michael Gardner v. Commonwealth of Virginia 12/14/2010
Appellant’s convictions affirmed where record does not include transcript of hearing necessary for resolution of appellate issue regarding whether trial court erred in finding witness was “kept away” under Code § 19.2-243(2)
2406091 James Thomas Bunch v. Commonwealth of Virginia 12/14/2010
Evidence was not sufficient to support one conviction of larceny with intent to sell or distribute stolen property where it did not prove requisite intent to sell items stolen; evidence was sufficient to support one conviction of larceny with intent to sell or distribute stolen property where appellant knowingly transported stolen property with requisite intent
2621091 Antoine Fitzgerald Smith v. Commonwealth of Virginia 12/14/2010
As trial court had no jurisdiction under Rule 1:1 to rule on appellant’s motion for reconsideration, the November 16 order denying motion on the merits is vacated
0191102 Nancyrose P. Clark v. Richmond Department of Social Services 12/07/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and in finding that such termination was in the child’s best interests
0672103 Roman Lee Taylor v. City of Roanoke Department of Social Services 12/07/2010
No error in trial court’s order terminating appellant’s parental rights to his two children
0700103 Tonya Annette Taylor v. City of Roanoke Department of Social Services 12/07/2010
No error in trial court’s order terminating appellant’s parental rights to her two children
1264103 Brandy McCoy, Sometimes Known as Brandi McCoy v. Grayson County Department of Social Services 12/07/2010
Trial court did not err in terminating appellant’s parental rights to her two children
1560102 Tiffany N. Hobson v. Petersburg Department of Social Services 12/07/2010
Summary affirmance – appellant’s failure to challenge the terminations of her parental rights under Code § 16.1-283(C) and (E) renders moot her claims regarding the terminations under Code § 16.1-283(B); trial court’s decisions to terminate appellant’s parental rights are affirmed; additional issue precluded by Rule 5A:18
2464091 Dennis B. Barson, Jr. v. Commonwealth of Virginia 12/07/2010
Petition for Rehearing En Banc granted
0085103 Commonwealth of Virginia v. Tremon Antonio Wimbush 11/30/2010
Trial court erred in not imposing mandatory five-year sentence for a second conviction of use of a firearm in commission of a felony
0482101 Veronica Deanna Bell v. Commonwealth of Virginia 11/30/2010
Trial court did not err in allowing Commonwealth to refresh witness’ recollection or in finding evidence sufficient to support convictions of uttering and attempting to obtain money by false pretenses
1230102 Joseph Linville Lewis v. Yvonne DeGaetani Lewis 11/30/2010
Summary affirmance – trial court did not err in denying appellant’s motion to reduce or terminate his spousal support to appellee
1430092 Deandre Tydrell Gay, s/k/a Deandre Tydnell Gay v. Commonwealth of Virginia 11/30/2010
Trial court did not err in finding evidence sufficient to support convictions of two counts of distribution of cocaine and two counts of distribution of heroin or in refusing to merge two separate indictments charging distribution of two separate drugs into a single indictment; we are unable to determine whether trial court erred in not allowing cross-examination
2560094 Jermaine Ridgley v. Fairfax County Department of Family Services 11/30/2010
Trial court did not err in terminating appellant’s parental rights to his son where evidence of termination was properly considered by trial court; as no transcript or statement of facts was timely filed, Court unable to determine appellant’s issue regarding ineffective assistance of counsel
2849093 Delonte Bruce Samuels v. Commonwealth of Virginia 11/30/2010
Any error by trial court in denying appellant’s motion to reveal identity of confidential informant prior to trial harmless; trial court did not err in denying motion to continue or counsel’s motion to withdraw as there was no significant risk that counsel’s representation of witness would materially affect representation of appellant
0269102 Donald Kellison, s/k/a Donald Ray Kellison, Jr. v. Commonwealth of Virginia 11/23/2010
Trial court did not err in finding three photographs constituted lewd exhibitions of nudity; convictions of possession of child pornography affirmed
1167092 Kenneth Wesley Murray v. Commonwealth of Virginia 11/23/2010
Trial court did not err in refusing appellant’s request to give a limiting instruction to jury regarding victim’s second 911 call where victim’s statements fell under present sense impression exception to hearsay rule
1203103 Alfon Maristela v. Virginia Board of Nursing 11/23/2010
Summary affirmance – no error in trial court’s affirmance of Board’s decision to indefinitely suspend appellant’s nursing license for a period of not less than two years
1213093 Dominque Matthew Scott v. Commonwealth of Virginia 11/23/2010
No error in trial court’s finding that circumstantial evidence proved appellant received or concealed a stolen firearm and simultaneously possessed the firearm and drugs
1373104 CVS #00871/CVS of Virginia, Inc. and GAB Robins North America, Inc. v. Darlene A. Brooks 11/23/2010
Summary affirmance – no error in commission’s decision awarding benefits to appellee
1379101 Commonwealth of Virginia v. Craig Michael Melvin, Jr., a/k/a Craig Marcel Melvin, Jr. 11/23/2010
Trial court erred in granting motion to suppress where officer had probable cause to arrest appellee before he put his hand in appellee’s pocket; matter remanded to trial court for further proceedings
1104104 Lorain Walker v. Alexandria Redevelopment & Housing Authority and et al. 11/16/2010
Summary affirmance – no error in commission’s finding that appellant’s injury occurred over course of three days and was not compensable
2383091 James C. Henderson v. Commonwealth of Virginia 11/16/2010
Evidence was insufficient to prove appellant obstructed or interrupted administration of justice or was disobedient or resistant to lawful process of court; conviction of contempt reversed and dismissed
2494094 Arnold J. Mancia Morales v. Commonwealth of Virginia 11/16/2010
Trial court did not err in denying motion to suppress appellant’s evidence of statements made to officers where statements were not legally sufficient to invoke his right to counsel; evidence was sufficient to prove asportation and detention of victim was not merely incidental to crime of rape; evidence proved appellant entered home with deadly weapon
2542092 Ben W. Hunter v. Commonwealth of Virginia 11/16/2010
Conviction of felony failure to appear affirmed where record is inadequate to determine whether trial court erred
0095102 Big Lots Stores, Inc. and et al. v. Judy Diane Browning 11/09/2010
No error in commission’s finding that vocational rehabilitation services provided by appellants were inadequate and that appellants did not meet burden of proving appellee failed to cooperate with those services; denial of motion to terminate appellee’s benefits affirmed
0340103 Antonio Osorio v. Harrisonburg Rockingham Social Services District 11/09/2010
Trial court did not err in terminating appellant’s parental rights to two of his children under Code § 16.1-283(E)(iii) where evidence proved termination was in best interests of children or in declining to place children with appellant’s brother
0387103 Laura Elena Davila v. Harrisonburg Rockingham Social Services District 11/09/2010
Appellant’s issues regarding whether sufficiency of evidence to support termination of her parental rights to two of her children and the permanency planning orders placing three of her children in permanent foster care barred by Rule 5A:18 and no miscarriage of justice found which would require reversal
0684103 Smitty's Inc., T/A et al. v. Commonwealth of Virginia Department of Alcoholic Beverage Control 11/09/2010
Appellant’s arguments not preserved for appeal where appellant conceded the violations before the ABC Board and sought only mitigation in punishment and failed to raise the legal issues before the Board
0888103 Crystal Donahue v. Roanoke City Department of Social Services 11/09/2010
Trial court did not err in terminating appellant’s parental rights to her daughter where evidence was sufficient to support termination under Code § 16.1-283(B) and 16.1-283(C)(2) or in finding child was neither competent to testify nor of an age of discretion
0999103 David Christian Parker, Sr. v. Harrisonburg Rockingham Social Services District 11/09/2010
Trial court did not err in terminating appellant’s parental rights to his child where evidence was sufficient to prove appellant did not communicate with the child on a continuing and planned basis for more than six months and appellant made no efforts to contact appellee before his incarceration and appellee had no chance to provide any services
1178093 Lester O'Neil Woodruff v. Commonwealth of Virginia 11/09/2010
Trial court did not err in denying motion to suppress evidence seized from appellant and his car or statements made to officers where officer felt what he suspected was cocaine in appellant’s pocket and appellant admitted he intended to smoke the crack in his pocket, giving officer probable cause to arrest and authority to remove cocaine
1188101 Ronald Artis v. City of Portsmouth Department of Social Services 11/09/2010
Summary affirmance – termination of appellant’s parental rights to his children affirmed where appellant only challenges the trial court’s decision regarding one of the two subsections under which appellant’s rights were terminated
1338104 Matthew E. Crowley v. Alban Tractor Company 11/09/2010
Summary affirmance – no error in commission’s findings that appellant was not totally disabled or that the medical treatment after a date certain was not causally related to his workplace accident
1512103 Wachovia Bank, N.A. and ACE USA (ESIS) v. Valerie L. Rosborough 11/09/2010
Summary affirmance – no error in commission’s finding that appellee suffered a compensable injury arising out of and in the course of her employment
1517092 Willard Lee Talley, Sr. v. Commonwealth of Virginia 11/09/2010
Trial court did not err in finding circumstantial evidence was sufficient to prove appellant willfully concealed merchandise owned by the store while on store’s premises, creating a prima facie case of an intent to defraud the owner
2435094 Joshua Kenneth Shortt v. Commonwealth of Virginia 11/09/2010
Appellant’s conviction of driving under the influence of drugs affirmed where appellant failed to meet his burden to establish the affirmative defense of “unconsciousness” predicated upon a claim of “sleep driving”
2558092 Neil Wayne Hounshell, s/k/a Neil Wayne Hounshell, II v. Commonwealth of Virginia 11/09/2010
No error in trial court’s finding that evidence was sufficient to prove appellant intended to distribute the methadone and diazepam found in his underwear and appellant took all the necessary steps to accomplish his objective of delivering drugs to others in the jail annex
2654092 Edward Antaion Baker v. Commonwealth of Virginia 11/09/2010
Trial court did not err in denying appellant’s motion to suppress where officers had a particularized and objective basis for suspecting appellant was involved in criminal activity to support the investigatory stop
0818101 Commonwealth of Virginia v. Christopher Hahns Boyd, s/k/a Christopher Perry-Boyd 11/05/2010
Trial court erred in granting motion to suppress where appellee failed as a matter of law to prove officer seized appellant merely by asking for and temporarily retaining this ID card
0292102 Rhonda S. Earman v. Virginia Department of Veterans Services 11/02/2010
Judgment of trial court affirmed where six of appellant’s questions presented on appeal challenge either factual determinations made by hearing officer or policy determinations which are not subject to judicial review; appellant has not proved she was prejudiced where decision on administrative review not made within 60-day time limit
0650094 Luis Enrique Escobar Torres v. Commonwealth of Virginia 11/02/2010
Appellant’s conviction of sexual penetration with an animate object affirmed where evidence proved crimes occurred in Fairfax County, giving trial court territorial jurisdiction to try appellant for charged offense
0670104 Anna Larrick v. Clarke County Department of Social Services 11/02/2010
Summary affirmance – decision of trial court terminating appellant’s parental rights to her child affirmed
1165103 B R D Coal Company and Liberty Mutual Insurance Company v. Rufus Edward Baldwin 11/02/2010
Summary affirmance – no error in commission’s finding that appellee was under an award for permanent total disability benefits
1204104 James Christopher Haney v. Marina A. Haney 11/02/2010
Summary affirmance – trial court did not err in entering the qualified domestic relations orders dividing retirement
1635092 Delwin Lambert Isaac, Jr. v. Commonwealth of Virginia 11/02/2010
Trial court did not err in finding evidence sufficient to prove appellant was previously adjudicated delinquent of a felonious act where in light of presumption of regularity, the absence of a mark on the order indicating appellant had knowingly and voluntarily waived his rights is not sufficient by itself to show prior plea was not knowing or voluntary
2203091 John Russell Bradbury v. Commonwealth of Virginia 11/02/2010
Evidence was insufficient to support conviction of arson of land where it did not prove appellant intended to burn the land or that any land was burned as result of appellant’s action; evidence was sufficient to support convictions of abduction, arson of dwelling, and burglary with intent to commit arson
2464091 Dennis B. Barson, Jr. v. Commonwealth of Virginia 11/02/2010
Appellant’s conviction of harassment by computer reversed and dismissed where evidence was not sufficient to prove e-mails were obscene
2806093 Timothy Gordon Wilson v. Commonwealth of Virginia 11/02/2010
Trial court did not err in finding evidence sufficient to prove appellant intended to commit an applicable felony at the time he broke and entered a dwelling house to support his conviction of armed statutory burglary
1068092 Randolph A. Szenasy v. Commonwealth of Virginia 10/26/2010
Trial court did not err in admitting photographs of appellant’s bedroom as relevant evidence; evidence was sufficient to find appellant killed victim in a malicious and premeditated manner to support convictions of first-degree murder and use of a firearm in commission of murder
1127102 Francisco J. Garcia v. RBP Construction, Inc. and North American Specialty Insurance Company 10/26/2010
Summary affirmance – no error in commission’s finding that appellant failed to prove his injury arose out of and in the course of his employment
1570093 Jerry Lavail Stone v. Commonwealth of Virginia 10/26/2010
Appellant’s arguments that evidence was insufficient to support his convictions because he was acting in self-defense during his confrontation with the victim barred by Rule 5A:18
1795092 Brandon Jarell Love v. Commonwealth of Virginia 10/26/2010
Appellant’s conviction of misdemeanor obstruction of justice reversed and dismissed where evidence that appellant ran away from the police, without doing anything else, is insufficient as a matter of law to support conviction under Code § 18.2-460(A)
1829093 Dale James Wray v. Commonwealth of Virginia 10/26/2010
Appellant’s arguments on appeal barred by Rule 5A:18 or 5A:20(e); revocation of appellant’s suspended sentence affirmed
1836091 Tarquia Simone Stagg v. Commonwealth of Virginia 10/26/2010
Evidence was sufficient to support finding that appellant was guilty of murder, malicious wounding, and two counts of use of a firearm in commission of a felony where he acted as a principal in the second degree to the crimes committed by his father
2377092 Antonio Quan Diaz v. Commonwealth of Virginia 10/26/2010
Trial court did not err in denying motion to suppress where officer had a reasonable, articulable suspicion upon which to stop appellant; evidence was sufficient to support convictions of robbery, abduction, and malicious wounding
2427092 Lloyd Anthony Thompson v. Commonwealth of Virginia 10/26/2010
Trial court did not err in not granting appellant a continuance or in admitting testimony regarding the photo spread where the photo spread and testimony regarding it did not establish the identity of the perpetrator but only provided a basis for arrest; no error in revocation of suspended sentence based on convictions
2434092 Archie Lavance Simmons v. Commonwealth of Virginia 10/26/2010
Trial court did not err in denying appellant’s motion to suppress evidence or his statements where officers had articulable facts giving rise to reasonable suspicion of criminal activity and evidence showed appellant’s statements were made after a voluntary and knowing waiver of his rights
0258101 Commonwealth of Virginia, Department of Professional, etc. v. Sandra Bryant DeLapp 10/19/2010
Trial court erred in holding appellee’s procedural due process rights were violated as appellee had proper notice in accordance with VAPA that all of her prior criminal activity would be considered in Board’s decision; matter remanded to trial court to reinstate appellant’s decision revoking appellee’s real estate license
1154091 Robert Darnell Cooper v. Commonwealth of Virginia 10/19/2010
Evidence was sufficient to prove appellant acted in concert with others and aided and abetted other shooters by joining in gunfire which killed victim; trial court did not abuse its discretion in refusing appellant’s proffered instruction on concert of action where trial court gave an instruction that adequately stated law
1380092 Laferne Yvette Williams v. Commonwealth of Virginia 10/19/2010
Trial court did not err in refusing to disqualify entire Commonwealth’s Attorney’s Office from prosecuting her case where one of the assistants in office had previously represented her as appellant did not prove a conflict of interest existed; trial court did not err in refusing to strike juror for cause
1699091 Griffin Dominque Elliott v. Commonwealth of Virginia 10/19/2010
Trial court did not err in finding evidence to prove that appellant’s acts, conduct, and statements tended to prove he had knowledge of the presence and character of the cocaine mixed with heroin
2371093 David Eugene Huff v. Commownealth of Virginia 10/19/2010
Appellant’s arguments on appeal that Commonwealth’s explanations for its peremptory strikes were partial and vague were not presented to trial court; contentions barred by Rule 5A:18
2553091 Michael Carnell Perry, a/k/a Michael Cornell Perry v. Commonwealth of Virginia 10/19/2010
Trial court did not err in denying motion to suppress admission of narcotics seized from appellant’s vehicle after alert from drug dog where appellant’s brief detention was based on a reasonable suspicion of criminal activity
2808094 Leah Steo Huston v. John Michael Huston 10/19/2010
Summary affirmance – no error in decree granting legal and physical custody of one of parties’ children to appellee
0029104 T. B. v. Alexandria Department of Human Services 10/12/2010
Appeal dismissed where, given appellant’s argument and the relief she seeks on appeal, appellant is not an aggrieved party within the meaning of Code § 17.1-405
0536091 Kenneth Tyrone McCain v. Commonwealth of Virginia 10/12/2010
No error in appellant’s convictions of forgery and uttering where evidence was sufficient to prove appellant forged the check and placed it into circulation as a valid instrument
0943102 Cheryl A. Moore v. VCU Health System Authority 10/12/2010
Summary affirmance – commission did not err in terminating appellant’s workers’ compensation benefits due to her unreasonable refusal to accept the light-duty work offered by appellee
1123104 Belinda D. Bell v. Best Buy Company, Inc. and Liberty Mutual Fire Insurance Company 10/12/2010
Summary affirmance – commission did not err in finding appellant’s August 31, 1998 claim merged into the commission’s award or, alternatively, waived or abandoned, in finding she was not entitled to permanent partial disability benefits, or in determining that her claims were barred by the statute of limitations
1140104 Judi Malec-DiGioia v. Battelle Memorial Institute and Federal Insurance Company 10/12/2010
Summary affirmance – no error in commission’s finding that appellant failed to prove she injured both of her hips, her left shoulder, and her left elbow in a compensable work accident
1206101 Mark T. Jenkins v. St. Brides Correctional Center/Commonwelath of Virginia 10/12/2010
Summary affirmance – no error in commission’s finding that pinguecula and conjunctivochalasia were not compensable as ordinary diseases of life or occupational diseases
1269104 Kevin Michael Colburn v. E. C. Ernst, Inc. and Hartford Insurance Company of the Midwest 10/12/2010
Summary affirmance – commission did not err in finding appellant failed to adequately market his residual work capacity
0018104 John Roosevelt Thompson v. Commonwealth of Virginia 10/05/2010
Trial court erred in finding evidence sufficient to support finding that the $200 threshold necessary to convict appellant of felony credit card fraud was proven; felony conviction reversed and matter remanded to trial court for new sentencing hearing on misdemeanor conviction
0588104 Joseph Gary Bennett, Jr. v. Commonwealth of Virginia, Department of Social Services, etc. 10/05/2010
Summary affirmance – no error in court’s order deviating from child support guidelines and ordering child support to remain at amount previously ordered
0960103 Larry Lee Bibble v. L.A. Pipeline Construction Company, Inc. et al. 10/05/2010
Summary affirmance – no error in commission’s finding that certain injuries appellant suffered after March 4, 2009 were not causally related to his compensable injury by accident on August 8, 2008
0971104 AAA Recycling & Trash Removal Service, Inc. et al. v. Carlos A. Salazar 10/05/2010
Summary affirmance – no error in commission’s decision that appellee proved he was entitled to temporary total disability benefits from December 5, 2008 through March 20, 2009
0468104 Francis B. Flanagan v. Donna Flanagan 09/28/2010
Summary affirmance – trial court did not err in awarding sole physical and legal custody of parties’ child to appellee
1078101 Eugene Thomas v. Virginia International Terminals and Continental Casualty Company 09/28/2010
Summary affirmance – no error in commission’s finding that appellant’s claim for permanent partial disability benefits was barred by statute of limitations
1186094 Theodore James Shuck v. Commonwealth of Virginia 09/28/2010
Trial court did not err in finding evidence was sufficient to prove appellant had the requisite intent when he made the contract with the buyer; appellant’s argument regarding sufficiency of the certified mail evidence falls outside his question presented
1916091 Joseph Rodgers Outten v. Commonwealth of Virginia 09/28/2010
Trial court did not err in denying appellant’s motion to suppress the evidence against him where facts known to officer at the time of the seizure provided officer with the requisite reasonable suspicion for the seizure of appellant’s person
2461091 Markeice Devon Pearson v. Commonwealth of Virginia 09/28/2010
Trial court did not err in finding evidence sufficient to support conviction of assault and battery on a law enforcement officer where appellant spit in officer’s face out of malice and not to resist his illegal arrest because the act of spitting was not designed to thwart officer’s efforts to complete the arrest
3096081 Rena Suzanne Williams v. Commonwealth of Virginia 09/28/2010
Trial court did not err in denying appellant’s motion to dismiss the robbery conviction where appellant did not meet the condition subsequent to her plea agreement and, thus, any vested interest in the implicit term of the agreement was dissolved and forfeited and the Commonwealth was free to seek a new indictment
0470104 Hans Phillip Olson v. Colleen Catherine Conlon 09/21/2010
Summary affirmance – trial court’s custody and visitation order granting sole custody to appellee and denying appellant contact of any kind with parties’ children affirmed
0759104 Leavon Z. Reeves v. Owen & Sparrow, LLC and Commerce & Industry Insurance Company 09/21/2010
Summary affirmance – no error in commission’s findings that appellant’s change-in-condition claim seeking wage loss benefits was barred by statute of limitations and that he was not entitled to change his treating physician
1006104 Giant Food, LLC and Ahold USA, Inc. v. Joseph Mark Casamento 09/21/2010
Summary affirmance – no error in commission’s findings that appellants failed to prove appellee was released to full duty work and that appellee’s current disability is attributable to his workplace injury and not a motorcycle accident
1250104 Rangeen Albarzanchi v. Fairfax (County of) Board of Supervisors 09/21/2010
Summary affirmance – no error in commission’s decision denying temporary total disability or its finding that a doctor’s medical report did not constitute after-discovered evidence
1677092 Joseph Wayne Garrard v. Commonwealth of Virginia 09/21/2010
Trial court did not err in refusing appellant’s proffered instruction where there was not a scintilla of evidence to support an instruction on self-defense or defense of others
2257094 James Anthony Dennis v. Commonwealth of Virginia 09/21/2010
No reversible error in trial court’s decision to allow testimony from witness where that testimony was merely cumulative and corroborative of other evidence; evidence was sufficient to prove appellant had the requisite larcenous intent at the time he obtained money from the bank
2388091 Carlton Maurice Grimes, Jr. v. Commonwealth of Virginia 09/21/2010
Trial court did not err in finding evidence sufficient to prove appellant exercised dominion and control over the cocaine and gun and that he was aware of their presence and character in the vehicle
2475094 Thomas Kevin Trump v. Vicky Dempsey Trump 09/21/2010
Trial court erred in finding appellant did not make a prima facie case of a material change of circumstances; decision regarding child support and spousal support reversed and remanded to trial court
1882071 Eric Amir Ghameshlouy, s/k/a Eric Amir Ghmaesouly v. City of Virginia Beach 09/14/2010
Upon remand from Supreme Court of Virginia – evidence was insufficient to support finding that motel room was a place open to the public as used in Virginia Beach City code; conviction of failure to provide correct identification to police officer reversed and dismissed
1988092 Jerrod Tyree Quarles v. Commonwealth of Virginia 09/14/2010
Petition for Rehearing En Banc granted
2373094 James Luther Bevel v. Commonwealth of Virginia 09/14/2010
Trial court did not abuse its discretion in finding good cause existed to deny appellant’s motion for abatement ab initio of appellant’s conviction after his death
0664103 Commonwealth of Virginia v. Jeffery Barnett, s/k/a Jeffery Thomas Barnett 09/10/2010
No error in trial court’s finding that there was no emergency that rendered the warrantless entry into appellant’s home reasonable under the Fourth Amendment
0161101 Tina Horner v. Norfolk Department of Human Services 09/07/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children
0941104 Michael Parr Taylor v. Loudoun County Fire & Rescue 09/07/2010
Summary affirmance – no error in commission’s finding that appellant’s hypertension was not an occupational disease or in denying his motion to vacate the deputy commissioner’s opinion
1549092 Michael S. Elliott v. Commonwealth of Virginia 09/07/2010
No error in trial court’s finding that officer had reasonable, articulable suspicion of criminal activity that justified investigatory stop of appellant; admission of blood test results was proper
2252092 Steven Wheeler, s/k/a Steven T. Wheeler v. Commonwealth of Virginia 09/07/2010
No error in trial court’s decision to revoke appellant’s suspended sentence in its entirety for conduct that occurred prior to a previous revocation hearing and was not considered as a basis for revocation at the previous hearing
2602094 Paul David Hughes v. Ruth Hankinson Hughes 09/07/2010
Trial court’s determination of child support arrearages affirmed; trial court’s decisions finding appellant in contempt and refusing to award appellee attorney’s fees reversed
0215104 Jonette A. Kondratenko v. Michael G. Earhart 08/31/2010
Summary affirmance – no error in trial court’s ruling regarding child support
0338103 Ajary Roberts, Sr., Sometimes Known as etc. v. Harrisonburg Rockingham Social Services District 08/31/2010
Trial court did not err in allowing testimony regarding appellant’s children’s relationship with their foster mother as that relationship was part of determination of whether termination of appellant’s parental rights to his children was in their best interest; no error in termination of appellant’s parental rights to his children
0682102 Henrico County Sheriff's Office v. James O. Fitzgerald, IV, Deceased, By Lauri Walker, Executor 08/31/2010
Summary affirmance – no error in commission’s finding regarding communication of occupational disease which triggered commencement of statute of limitation under Code § 65.2-403(A)
0697104 Thomas Mitchell Stroupe v. Campco, Inc. and AIG Casualty Company (AIU Insurance Company) 08/31/2010
Summary affirmance – no error in commission’s decision finding appellant was not qualified to receive permanent total disability benefits
0967101 Jacqueline L. Palmer Mercer v. Support Services of Virginia, Inc. and et al. 08/31/2010
Summary affirmance – no error in commission’s denial of appellant’s November 10, 2008 claim for medical benefits and mileage and her December 5, 2008 claim for wage loss benefits and permanent partial disability benefits
2801091 Donald F. DeLine v. Elizabeth Baker 08/31/2010
Trial court did not err in finding final divorce decree did not divest juvenile court of its jurisdiction to hear matter concerning child support, including contempt and arrearages
0056104 C.J.F. v. W.R.F. 08/24/2010
Trial court did not abuse its discretion in granting the adoption petition absent a formal evidentiary hearing; trial court did not err in finding that the adoption by stepfather was in the child’s best interests; additional argument barred by Rule 5A:18
0057104 C.J.F. v.W.R.F. 08/24/2010
Trial court did not abuse its discretion in granting the adoption petition absent a formal evidentiary hearing; trial court did not err in finding that the adoption by stepfather was in the child’s best interests; additional argument barred by Rule 5A:18
0218101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0219101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0220101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0314102 Paul's Bakery, Inc. and Flagship City Insurance Company v. Charlotte Kay Murphy 08/24/2010
Commission’s award of benefits affirmed as sufficient evidence supports the commission’s findings that appellee’s fall arose out of and during the course of her employment, and that appellee sustained a left shoulder injury
0339103 Melanie Champagne v. Harrisonburg Rockingham Social Services District 08/24/2010
No error in trial court’s order terminating appellant’s parental rights to her two children
1895094 Andrew Bilski v. Christina Bilski 08/24/2010
Summary affirmance - trial court did not abuse its discretion in denying appellant’s motion to withdraw from dispute resolution proceedings and in denying appellant’s motion for equal access to the child’s School Age Child Care account; additional issues raised on appeal waived for failing to comply with Rule 5A:20
0091103 Commonwealth of Virginia v. Detrick Latorre Hairston 08/17/2010
Trial court erred in granting motion to suppress evidence seized from appellant following a traffic stop of the vehicle he was driving where officers had a reasonable, articulable suspicion to stop the vehicle
1051094 Lorena Marisol Escalante v. Commonwealth of Virginia 08/17/2010
Appellant’s challenges to excluded testimony from officers not preserved for appeal where she failed to proffer the expected testimony; challenge to her testimony and testimony of another witness excluded as she failed to list this challenge in her question presented and it is waived under Rule 5A:12(c)
1376092 Marshall Alexander Walker v. Commonwealth of Virginia 08/17/2010
Trial court did not abuse its discretion when it declined to conduct an in camera review of the officer’s field notes, in denying motion for new trial based on juror misconduct where court found it still would not have stricken juror for cause, and in finding evidence sufficient to support convictions of object sexual penetration and forcible sodomy
1465092 Arthur Shannon Sizer v. Commonwealth of Virginia 08/17/2010
Appellant’s contention that his due process rights were violated through admission of officer’s testimony without merit where appellant has presented no evidence of a plea agreement or any agreement with the Commonwealth that would limit its evidence at sentencing
1838091 Steven Scott Mitchell, s/k/a Stephen Scott Mitchell v. Commonwealth of Virginia 08/17/2010
Trial court did not err in denying appellant’s motion to strike abduction with intent to defile conviction where evidence was sufficient to prove appellant’s detention of the victim was not incidental to the sexual assault
2020091 Jeffery Antwan Reid v. Commonwealth of Virginia 08/17/2010
Trial court did not err in finding evidence was sufficient to prove appellant acted with the specific intent to maim, disfigure, disable or kill the victim; convictions of attempted malicious wounding and use of a firearm in the commission of a felony affirmed
2239091 Christian Lamar Sweat v. Commonwealth of Virginia 08/17/2010
No error in trial court’s finding that totality of evidence was sufficient to find appellant had the intent to defraud; conviction of obtaining money by false pretenses affirmed
2616094 Ajai Kumar Sandhir v. Neeta Ahuja-Sandhir, n/k/a Neeta Ahuja 08/17/2010
Summary affirmance – appellant’s arguments pertain to prior hearings and orders already appealed and law of case doctrine applies; appellant never argued that the amount of the attorney’s fees awarded to appellee was unreasonable
0351104 Keisha D. Carr v. Fairfax County Department of Family Services 08/10/2010
Summary affirmance – no error in trial court’s order terminating appellant’s parental rights to her two children and affirming foster care plan with goals of adoption
0352101 Darrell D. Hatton v. Virginia Employment Commission and Norfolk State University 08/10/2010
Summary affirmance – decision of Virginia Employment Commission finding appellant was disqualified from receiving unemployment compensation due to misconduct affirmed where no transcript or statement of facts was properly filed and is indispensable to determination of issues raised
0646102 E. Russell Smoot & Son, et al. v. Steve F. Smith 08/10/2010
Summary affirmance – commission did not err in finding appellee’s injury arose out of his employment and that appellee’s working in a cramped or awkward position unique to his employment contributed to his injury
0683103 Uninsured Employer's Fund v. David Scott Riggs 08/10/2010
Summary affirmance – commission did not err in awarding appellee temporary total disability
0736104 Linda Saifi v. Fairfax County Department of Family Services 08/10/2010
Summary affirmance – trial court did not err in approving foster care plans with goals of adoption for appellant’s grandchildren
0998093 Jimmy Robert Shorter v. Commonwealth of Virginia 08/10/2010
Trial court did not err in finding evidence was sufficient to support finding that appellant was the driver of the vehicle; conviction of driving under the influence affirmed
1515092 David Denoncourt v. Commonwealth of Virginia 08/10/2010
Trial court did not abuse its discretion in allowing victim to testify regarding the repair estimates or in finding value of items taken exceeded $200
1988092 Jerrod Tyree Quarles v. Commonwealth of Virginia 08/10/2010
Trial court did not err in denying appellant’s motion to suppress his statements to police where appellant reinitiated conversation by asserting his desire to talk and officer’s comments were not the functional equivalent of interrogation
2400091 Paula Brown Wynn v. Horace Jerome Wynn 08/10/2010
Trial court did not abuse its discretion in finding appellant committed marital waste when she spent her pension, in valuing appellee’s business, in awarding appellant a portion of appellee’s pension, and in awarding appellee a portion of his attorney’s fees
2712092 Carmella Sharp v. Keith Sharp 08/10/2010
Summary affirmance – no error in trial court’s order dismissing appellant’s petition to re-open the case and affirming the final decree of divorce previously entered
0116104 M. H. v. Virginia Department of Social Services 08/03/2010
Summary affirmance – trial court did not err in affirming administrative hearing officer’s founded disposition of Physical Neglect – Inadequate Supervision – Level Three
0163102 Mhammed Tahiri-Amine, s/k/a Muhammed Tahiri-Amine v. Commonwealth of Virginia 08/03/2010
Trial court did not err in denying appellant’s motion to suppress appellant’s identifying information obtained during his encounter with the police where the encounter was consensual
0649104 Food Lion, LLC and Delhaize America, Inc. v. Gloria Brooks Tkach 08/03/2010
Summary affirmance – no error in commission’s finding that appellee’s ongoing back treatment was causally related to her compensable workplace injury and that benefits were not procured by fraud
1782092 Devainte J. Green v. Commonwealth of Virginia 08/03/2010
Appellant’s arguments regarding sufficiency of evidence to support convictions of grand larceny and malicious wounding barred by Rules 5A:20(e) and 5A:18
1878093 Victor Hairston, Jr. v. Commonwealth of Virginia 08/03/2010
Trial court did not err in convicting appellant of perjury where evidence proved appellant had the intent to testify falsely as his testimony was the polar opposite on two separate occasions
2002091 James Sherman v. Virginia Department of Social Services 08/03/2010
Trial court did not err in upholding administrative hearing officer’s decision sustaining a disposition of founded sexual abuse by the local department
2064094 Debra M. Picciriollo v. William J. Atkins 08/03/2010
Summary affirmance – trial court did not err in granting physical custody of parties’ child to appellee
2411092 William Boyd Swinson v. Commonwealth of Virginia 08/03/2010
Trial court did not err in finding circumstantial evidence was sufficient to prove appellant was the perpetrator to support convictions of statutory burglary, robbery, and use of a firearm in commission of felony
0213102 George T. Hodges v. TCS Materials, Inc. and Florida Rock Industries, Inc. 07/27/2010
Summary affirmance – commission did not err in denying medical benefits and temporary total disability benefits to appellant where he failed to establish a causal connection between workplace injury and treatment he received
0266093 Roger Lee Stevens, s/k/a Roger Lee Stephens v. Commonwealth of Virginia 07/27/2010
Petition for rehearing en banc granted
0398102 Christopher D. Gray v. Coffeewood Correctional Center/Commonwealth of Virginia 07/27/2010
Summary affirmance – no error in commission’s finding that appellant did not meet his burden to prove causal connection between low back injury and his compensable work injury
0490101 Commonwealth of Virginia v. Tyrone O. Johnson, Jr. s/k/a Tyrone Orneall Johnson, Jr. 07/27/2010
Trial court did not err in suppressing evidence where record supports finding that Commonwealth failed to prove either that an exception to the warrant requirement applied or that the good faith exception to the exclusionary rule excused the Fourth Amendment violation
0719092 Anthony Jerry Fields, s/k/a Anthony Jerry Fields, Sr. v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant was violating Code § 46.2-928, justifying detention of appellant for investigative inquiry
0801092 Cabell Riffe Clatterbaugh v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motions for mistrial, in limiting appellant’s cross-examination of the victim, in admitting a telephone conversation between appellant and another recorded at the jail, and in allowing the Commonwealth to impeach its witness when she gave testimony adverse to the Commonwealth’s case
0802102 Velma Shante Chambers Ayers v. Buckingham County Department of Social Services 07/27/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0861091 Samuel A. Ervin v. Commonwealth of Virginia 07/27/2010
Petition for rehearing en banc granted
1125091 Andre Pernel Acklin, s/k/a Andre Pernel Acklin, Jr. v. Commonwealth of Virginia 07/27/2010
Trial court did not err in finding evidence was sufficient to prove appellant was in constructive possession of cocaine found in the apartment
1594094 Marie Camara Tokora-Mansary v. County of Stafford 07/27/2010
Evidence was insufficient to support conviction under county code of refusing to provide identifying information to a law enforcement officer where evidence did not prove she presented a danger to the public at the time the information was requested; conviction reversed
1845092 Justin T. Schoening v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion for new trial based on letter of recantation from the Commonwealth’s witness where evidence supports trial court’s finding that witness’ new testimony was not credible and failed to prove the fourth prong of the after-discovered evidence test
1982091 Jeremy David Dowdell v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion to suppress where police had probable cause to search appellant and heroin found in his pockets was properly admitted
1984091 Nikita Terell Brown v. Commonwealth of Virginia 07/27/2010
No error in trial court’s finding that evidence was sufficient to prove an agreement between appellant and two others and that the value of the merchandise concealed by appellant and her cohorts exceeded $200 threshold; convictions of grand larceny and conspiracy to commit grand larceny affirmed
2147092 Mychila Debra Tabron v. Commonwealth of Virginia 07/27/2010
Evidence was insufficient to support appellant’s conviction of obstruction of justice where she did not actually prevent officer from performing his duties as a law enforcement officer; conviction reversed
2187093 Terry McKinley Washington v. Commonwealth of Virginia 07/27/2010
Trial court did not err in finding evidence was sufficient to prove appellant’s failure to appear for a preliminary hearing was willful
0030104 Hazem E. Soliman v. Jessica Lynn Soliman 07/20/2010
Trial court did not err in considering appellee’s motion to reconsider without first entering an order incorporating its findings and rulings announced at a prior hearing
0486101 Arriba Corporation, etc. v. Charles Vernon Hamilton 07/20/2010
Summary affirmance – commission did not err in finding appellee cooperated with vocation rehabilitation offered to him; award of benefits affirmed
1494091 Kevin Marshall Davis v. Commonwealth of Virginia 07/20/2010
Trial court’s denial of appellant’s motion to suppress affirmed as the officer had probable cause to arrest appellant; Rule 5A:18 bars appellant’s argument that his rights under the Fifth Amendment were violated
1671094 Samuel C. Asinugo v. Commonwealth of Virginia 07/20/2010
Evidence was sufficient for a rational fact finder to conclude appellant was guilty of forging a public record where he forged a fingerprint card with intent to defraud; any error concerning admission of witness’ general habit testimony harmless
2052092 Carlton L. Davis v. Commonwealth of Virginia 07/20/2010
Appellant’s conviction of construction fraud reversed where evidence was insufficient to support a finding that appellant obtained the advance of funds from the victim with fraudulent intent
2119091 Shawn L. Haley, s/k/a Shawn Lamont Haley v. Commonwealth of Virginia 07/20/2010
Evidence was sufficient to prove beyond a reasonable doubt that appellant knew the check was forged; convictions of forgery, uttering a forged check, grand larceny and attempting to obtain money by false pretenses affirmed
2171093 David Elwood McNeal, Sr. v. Commonwealth of Virginia 07/20/2010
Evidence presented to trial court was insufficient to support conviction of failure to return rental property within ten days of expiration of rental agreement; conviction reversed
2630092 Joseph College v. Prince Edward County Department of Social Services 07/20/2010
Summary affirmance – trial court did not err in finding it was in child’s best interests to remain in appellee’s custody and in affirming the entrustment agreement
2631092 Joseph College v. Prince Edward County Department of Social Services 07/20/2010
Summary affirmance – trial court did not err in approving the foster care plan where evidence was sufficient to prove, by a preponderance of the evidence, that child was abused and neglected
2909083 Robert Edward Woody v. County of Amherst 07/20/2010
Appeal dismissed where we lack jurisdiction to consider the appeal where order appealed from was entered to correct a clerical error and was not a final appealable order
0048092 William Bowles v. Commonwealth of Virginia 07/13/2010
Trial court did not err in finding evidence sufficient to support appellant’s convictions, in denying appellant’s motion for a mistrial, in giving the jury an instruction on flight, or in denying motion to suppress evidence from shed where searches were within scope of consent given by appellant’s wife
1291094 Darren Nathaniel Davis v. Commonwealth of Virginia 07/13/2010
Trial court did not err in finding Commonwealth established sufficient foundation to admit an audio recording of appellant’s telephone call from detention center or in finding evidence proved appellant constructively possessed firearm
1754091 Codie Dominique Graves v. Commonwealth of Virginia 07/13/2010
Trial court did not err in denying motion to suppress where appellant stepped out of vehicle on his own accord after agreeing to search or in finding evidence was sufficient to prove appellant possessed cocaine with intent to distribute
2094093 Frank Karban v. Universal Fiber Systems, LLC and et al. 07/13/2010
Commission did not err in reversing credibility determination of deputy commissioner or in finding appellant failed to prove a compensable injury by accident
0444092 Edgar Cuevas-Rosales v. Commonwealth of Virginia 07/06/2010
Trial court abused its discretion in denying appellant’s motion to withdraw his previous waiver of jury trial and in denying his request for a jury trial; convictions reversed and case remanded to trial court for a new trial
1732092 Eugene Smith Thompson v. Commonwealth of Virginia 07/06/2010
Trial court did not err in finding the evidence sufficient to prove appellant drove or operated the vehicle in which the police found him; appellant’s conviction of operating a motor vehicle while under the influence of alcohol, a second or subsequent offense, is affirmed
1787093 Richard Lee Keen v. Commonwealth of Virginia 07/06/2010
Trial court’s probation revocation order revoking appellant’s suspended sentences on the 1991 convictions is affirmed; trial court’s revocation of appellant’s suspended sentences on the 1999 convictions is reversed as the trial court lacked the authority to revoke appellant’s suspended sentences under Code § 19.2-306(A), and the probation revocation proceeding in that regard is dismissed
2379094 Anna G. Gianaris v. John P. Gianaris 07/06/2010
Trial court’s decision dismissing with prejudice wife’s motion for judgment for past due spousal support is affirmed as res judicata bars wife’s present claim on the parties’ property settlement agreement
2785092 Ana B. Jamison v. Howard Gold Jamison 07/06/2010
No error in trial court’s suspension of husband’s spousal support obligation as the record supports the trial court’s finding of a material change of circumstances
0015103 Joan L. Knowles v. Southside Community Action and AIG Casualty (American Home Assurance Company) 06/29/2010
Summary affirmance – appellant’s issues raised on appeal waived for failing to comply with Rule 5A:20
0420094 Richard A. Gleason v. Commonwealth of Virginia 06/29/2010
No error in trial court’s finding appellant failed to give the Commonwealth notice as required by the rape shield statute; trial court did not err in denying appellant’s motion for a continuance; additional arguments barred by Rule 5A:18; convictions affirmed
1936093 Barry Lewis Evans v. Tracie Annette Donnelly Evans 06/29/2010
Summary affirmance – trial court did not err in making any determination of reasonableness in light of husband’s specific objections to the guardian ad litem’s bill; trial court did not abuse its discretion in ordering that husband be responsible for eighty percent of the guardian ad litem’s bill; additional arguments barred by Rule 5A:18
2378091 Gwaltney of Smithfield, Ltd. and Ace American Insurance Company v. Tony Peele 06/29/2010
Commission erred in concluding the statute of limitations did not bar claimant’s claim; award of benefits reversed
2707093 Shelia Delaine Hamilton, a/k/a, etc. v. City of Roanoke Department of Social Services 06/29/2010
Trial court did not err in finding clear and convincing evidence supported the termination of appellant’s parental rights to her child and that the termination was in the child’s best interests
2713091 Sabine Scholer Savedge v. Gilliam E. Barbour 06/29/2010
Summary affirmance – trial court’s ruling denying appellant’s request for equitable distribution of appellee’s military retirement summarily affirmed
2807094 Commonwealth of Virginia Department of Social Services v. Mario Velasquez-Flores 06/29/2010
Circuit court erred in concluding appellee’s confession was not reliable and that the agency hearing officer’s decision was not supported by substantial evidence in the record; judgment reversed and case remanded
0266093 Roger Lee Stevens, s/k/a Roger Lee Stephens v. Commonwealth of Virginia 06/22/2010
Trial court erred in denying appellant’s motion to suppress his confession where appellant had invoked his Fifth Amendment right to counsel
0791093 Larry Daniel Walker, Jr. v. Commonwealth of Virginia 06/22/2010
Trial court did not err in considering a conviction under the Danville City Code as a prior offense under Code § 46.2-357 to enhance appellant’s habitual offender conviction to a felony
0861091 Samuel A. Ervin v. Commonwealth of Virginia 06/22/2010
Appellant’s conviction of possession with intent to distribute marijuana reversed and dismissed where evidence was not sufficient to prove appellant was aware of the presence and character of the marijuana in the locked glove compartment of the vehicle he was driving, but did not own
0952094 Elisha Alexander Parker, Sr. v. Commonwealth of Virginia 06/22/2010
Appellant's convictions of failing to report a hit?and?run accident as a passenger and unauthorized use of a vehicle affirmed where specific arguments made barred by Rule 5A:18
1155091 Andre Cortez Gaddie v. Commonwealth of Virginia 06/22/2010
No error in appellant’s convictions of felony murder and lynching by mob of one victim where two offenses had dissimilar elements; appellant has shown no prejudice to support his assertions that prosecutor violated disclosure obligations under Brady or the pretrial discovery order
1447091 Ladaris Britt v. Commonwealth of Virginia 06/22/2010
Trial court did not violate hearsay rule when it admitted the VIN database information for the purpose of explaining officer’s actions; evidence was sufficient to support conviction of grand larceny
1759091 Tyrel Marquis Dorrough v. Commonwealth of Virginia 06/22/2010
Trial court did not err in denying appellant’s motion to suppress where police officers had probable cause to search appellant’s vehicle after observing what they believed to be contraband on the floorboard
2436093 William Scott Ingram v. Commonwealth of Virginia 06/22/2010
Appeal dismissed as moot where the final order authorizing medical and psychological treatment against appellant’s will expired during the pendency of the appeal
2661093 James Amos Andrew Gardner v. Washington County Department of Social Services 06/22/2010
Trial court did not err in terminating appellant’s parental rights to his children or in terminating appellant’s rights before the Department investigated the paternal grandmother as possible placement where trial court had before it sufficient evidence to evaluate the grandmother as an alternative placement
2662093 Kimberly Nelson s/k/a Kimberly Fleming v. Washington County Department of Social Services 06/22/2010
Trial court did not err in terminating appellant’s parental rights to her children where appellant had not substantially remedied conditions that led to removal and termination was in children’s best interests
1054094 Ramin Seddiq v. Commonwealth of Virginia 06/15/2010
Trial court erred in denying appellant’s motion to strike the abduction charge where the unlawful detention of the victim was incidental to the assault offense for which he was also convicted; conviction reversed and indictment dismissed
1282091 Randor Lee Uzzle, Sr. v. Commonwealth of Virginia 06/15/2010
No error in appellant’s conviction of possession of a concealed weapon by a felon where the razor appellant was convicted of possessing is one of the specifically enumerated items in Code § 18.2-308(A)
1572093 Jose Castro Sanchez v. Commonwealth of Virginia 06/15/2010
Trial court did not err in denying motion to suppress cocaine seized from appellant’s person where officer had reasonable suspicion to stop appellant’s vehicle
2455094 Gerardo Jesus Ortega v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2456094 Gerardo Jesus Ortega v. Farifax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2457094 Gerardo Jesus Ortega v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2458094 Gerardo Jesus Ortego v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
0090101 Commonwealth of Virginia v. Kelsey Erin Helvenston 06/14/2010
Trial court erred in suppressing statements appellee made up to the point where she invoked her right to counsel as police officers had probable cause to arrest her at the time they took her belongings
0136102 United Parcel Service, Inc. and Liberty Insurance Corporation v. April R. White 06/08/2010
Summary affirmance – commission did not err in rejecting appellants’ application to terminate appellee’s benefits
0155092 Michael Kipling Cook v. Teresa Jane Cross 06/08/2010
Trial court erred in finding appellant prevented appellee from being eligible to complete a like-kind exchange from the proceeds of the sale of the parties’ rental property and in finding appellee was entitled to damages resulting from her failure to qualify for the exchange; its award of attorney’s fees to appellee remanded to trial court for reconsideration
0383091 Joshua Barrett Shapiro v. City of Virginia Beach 06/08/2010
Appellant’s conviction of disturbing the peace affirmed where his vagueness challenge fails because he lacks standing as the challenged ordinance specifically applies to his conduct and the ordinance was not in any way vague as applied to him
0821091 Rod Freeman Hobbs v. Anthony Conyers, Commissioner, Virginia Department of Social Services 06/08/2010
Decision of Court affirmed upon rehearing en banc
0857094 Garland Lee Foster v. Commonwealth of Virginia 06/08/2010
Appellant’s arguments as to whether trial court erred in precluding him from cross-examining his girlfriend about phone calls she placed to him to show bias barred by Rule 5A:18
1115093 Chrisopther Jerry Evans v. Commonwealth of Virginia 06/08/2010
Trial court did not err in denying appellant’s motion to suppress evidence of a holstered handgun found on appellant’s person because the private security guards who seized the evidence were not state actors
1477093 Kimberly F. Neice v. Commonwealth of Virginia 06/08/2010
Appellant’s convictions of indecent exposure reversed and dismissed where evidence was not sufficient to prove appellant exposed herself in an obscene manner
1624094 Andy Lewis Ralston, s/k/a Andrew Lewis Ralston v. Commonwealth of Virginia 06/08/2010
Trial court did not err in revoking appellant’s previously suspended sentence where appellant conceded he violated an express term of probation; appellant’s arguments regarding the sanction imposed by his probation officer and that the pending charges occurred after the probation period expired barred by Rule 5A:18
2139094 Rochester Cable and Insurance Company of the State of Pennsylvania v. Melissa Ann Carpenter 06/08/2010
No error in commission’s award of temporary total disability benefits to appellee where evidence proved she reasonably refused the selective employment offered by appellants and that she adequately marketed her residual work capacity
2706093 Trans Tech Auto, Inc. and Peninsula Insurance Company v. Steven Todd Landes 06/08/2010
Commission erred in awarding appellee partial disability benefits where it failed to make a determination as to whether funds appellee received from his trucking business were wages or profit and if those funds would reduce his entitlement to workers’ compensation benefits
0186091 Quinton S. Hill v. Commonwealth of Virginia 06/01/2010
Trial court erred in finding evidence was sufficient to support conviction of maliciously shooting into an occupied vehicle where evidence proved appellant acted in justifiable self-defense; conviction reversed and dismissed
1247092 Eddie Lee Horne, Jr. v. Commonwealth of Virginia 06/01/2010
No error in jury’s finding that appellant intentionally and consciously possessed the rock of crack cocaine found in his pants pocket; trial court did not err in revoking appellant’s previously suspended sentence based on this new conviction
1669092 Susan J. Buniva v. Brian L. Buniva 06/01/2010
Trial court did not abuse its discretion in refusing to reopen evidentiary hearing record to permit appellant to offer expert testimony regarding expected tax consequences of the requested spousal support award or in failing to take judicial notice of federal and state tax tables and rates; award of spousal support affirmed
2296094 Julia E. Souter v. County of Warren 06/01/2010
Summary affirmance – as transcript or statement of facts is indispensable to determination of questions presented on appeal, judgment affirmed without opinion as to whether error exists in the record
2481094 Gino V. Jackson v. Patricia Anne Jackson 06/01/2010
Summary affirmance – trial court’s order finding appellant in contempt of the final decree and ordering him to pay appellee $13,000 in arrears for her share of appellant’s military retired pay affirmed
2587093 Shawn McCauley v. Jessica Hoover 06/01/2010
Trial court did not abuse its discretion in denying appellant’s motion for transportation to a hearing regarding visitation with his two minor children where it reviewed appellant’s proffer outlining the nature of his testimony and determined appellant’s guardian ad litem was capable of adequately addressing appellant’s concerns at trial
2588093 Shawn McCauley v. Jessica Hoover 06/01/2010
Trial court did not abuse its discretion in denying appellant’s motion for transportation to a hearing regarding visitation with his two minor children where it reviewed appellant’s proffer outlining the nature of his testimony and determined appellant’s guardian ad litem was capable of adequately addressing appellant’s concerns at trial
0133092 James Dominic Tillery v. Commonwealth of Virginia 05/25/2010
Appellant’s argument regarding whether trial court erred in admitting victim impact statements and testimony regarding a charge of involuntary manslaughter that was dismissed barred by Rule 5A:18 where appellant did not object to the statements at the time they were tendered as an exhibit
1212092 Timothy Arnold Berry v. Commonwealth of Virginia 05/25/2010
Trial court did not abuse its discretion in admitting a surveillance video into evidence; appellant’s arguments regarding admission of opinion testimony and value of item stolen barred by Rule 5A:18
2988082 Tawana Simmons Terry v. Commonwealth of Virginia 05/25/2010
Appellant’s argument regarding the trial court’s admission of evidence of her prior bad acts barred by Rule 5A:18; trial court did not err in finding evidence sufficient to support convictions of two counts of distribution of cocaine
0043103 Volvo Trucks of North America, Inc. and Liberty Insurance Corporation v. Channon Melissa Maycock 05/18/2010
Summary affirmance – no error in commission’s finding that appellee provided sufficient medical evidence to prove she suffered from an occupational disease and was entitled to compensation
0047101 United Parcel Service, Inc. and Liberty Insurance Corporation v. Michael Roger Masterson 05/18/2010
Summary affirmance – commission did not err in finding appellee experienced a change in circumstances requiring commission to terminate award of temporary total disability benefits for one injury and establish an award of temporary total disability benefits for another workplace injury
0436091 Mathias Stephon Newby v. Commonwealth of Virginia 05/18/2010
Trial court did not err in finding evidence was sufficient to prove appellant entered the dwelling of another with intent to commit larceny where appellant was still in the apartment when discovered and his testimony was found unworthy of belief by the trial court
0545093 Diairion Marqui Davis v. Commonwealth of Virginia 05/18/2010
Trial court did not err in refusing to accept appellant’s self-defense argument where evidence proved undisputed fact that police had probable cause to arrest appellant for public intoxication and were acting properly when they arrested him and he had no legal justification for head butting a police officer carrying out his official duties
1201091 Jason Daniel Byrum v. Commonwealth of Virginia 05/18/2010
Trial court erred in finding Commonwealth proved value of jackhammer appellant failed to return after renting was at least $200 where the only evidence of its value presented was its original purchase price and replacement cost; remanded to trial court for trial on a charge of petit larceny
1274091 Alan Rashad Gholston v. Commonwealth of Virginia 05/18/2010
Trial court did not err in denying motion to suppress where police had probable cause to believe appellant possessed and intended to distribute marijuana; no error in jury’s finding that appellant constructively possessed firearm found under his seat; counsel conceded issue regarding whether appellant had intent to distribute marijuana
1385093 Charla Denora Wooding v. Commonwealth of Virginia 05/18/2010
Trial court did not err in admitting forgery affidavits without the affiant present where trial court determined the affidavits were prepared in course of bank business, not to prove a past fact in a subsequent criminal proceeding, and were not testimonial; evidence sufficient to support convictions of forgery and uttering
1903093 Robert Brian Stephenson v. Donna Lynn Musgrave 05/18/2010
Appellant lost his right of appeal with respect to equitable distribution and attorneys’ fees issues where he voluntarily paid those awards, appeal of those issues dismissed; trial court erred in failing to reserve appellant the right to seek spousal support in future
2008092 James Alton Tucker v. Darlene Wilmoth-Tucker 05/18/2010
Issues in final decree regarding equitable distribution reversed and remanded to trial court; award of retroactive spousal support to appellee reversed and remanded to determine proper start date; no error in decisions requiring payment to appellee within 30 days of entry of decree and in requiring appellant to prepare deed to transfer property at his expense
2733083 Tamessa Twanna Martin v. Commonwealth of Virginia 05/18/2010
Trial court did not err in refusing appellant’s jury instruction on distribution as an accommodation where evidence proved the sale was still a commercial transaction and appellant did not meet her burden of showing more than a scintilla of evidence to support instruction
0162092 Rodney Lee Rodis v. Commonwealth of Virginia 05/11/2010
Appellant’s convictions of ten counts of embezzlement not barred by Code § 19.2-294 where the acts involved in embezzling the funds were not the same as the acts involved in his convictions of laundering money and engaging in mail fraud that were the result of federal guilty pleas
0893092 John Calvin Torian v. Commonwealth of Virginia 05/11/2010
No error in trial court’s finding that evidence was sufficient to support conviction of possession of firearm by a convicted felon where appellant failed to satisfy the requirements of his affirmative defense of good faith reliance on information he claims to have been given by a probation officer
1077093 Clifton Morris Price, Jr. v. Commonwealth of Virginia 05/11/2010
Trial court did not err in denying appellant’s motion to suppress evidence recovered from his pants and jacket pockets where police had probable cause to believe appellant possessed marijuana and conducted a lawful search incident to arrest
1369092 Joseph L. Parrish, Jr. s/k/a Joseph Lee Parrish, Jr. v. Commonwealth of Virginia 05/11/2010
Trial court did not err in denying appellant’s motion to set aside the verdict based on sufficiency grounds where appellant requested the lesser-included jury instructions on involuntary manslaughter and assault and battery, of which the jury convicted him, and trial court also found evidence sufficient to support those convictions
1521092 Calvin Renaldo Trimmer, s/k/a Calvin Renaldo Trimmer, Jr. v. Commonwealth of Virginia 05/11/2010
Trial court did not err in finding circumstantial evidence was sufficient to prove appellant possessed the cocaine with the intent to distribute
1670093 Jayne Herrel v. Timothy J. Herrel 05/11/2010
Trial court did not err in dismissing appellant’s motion for costs, motion for sanctions, and motion for an order to show cause against her ex-husband’s attorney where the attorney was no longer the attorney of record and was not a proper defendant to appellant’s motions
1978083 Stephen Jermaine Wimbush v. Commonwealth of Virginia 05/11/2010
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where appellant did not object to the request for a continuance and registered no objection to his attorney’s acquiescence to the request and did not oppose his attorney’s representation that he needed more time to prepare for trial
2038092 William F. Maywalt v. Commonwealth of Virginia, Board for Contractors 05/11/2010
Rule 5A:18 bars appellant’s arguments on appeal where nothing in the record shows what objections or arguments were before the trial court at the time of its ruling affirming appellee’s decision and record does not show it had notice of objections filed after entry of the final order or that it had opportunity to rule on those objections
2096091 Anthony Leon Hicks v. Commonwealth of Virginia 05/11/2010
Issue of whether trial court erred by admitting two text messages sent from appellant’s cell phone barred by Rule 5A:18; evidence was sufficient to prove appellant was aware of the presence and character of the cocaine and marijuana found in console of vehicle appellant was driving
2401092 Venezia Transport Service, Inc. and et al. v. Harold A. Liming 05/11/2010
No error in commission’s award to appellee based on permanent, partial disability for total loss of vision in this left eye as result of workplace injury
2769083 Jimmy Franklin Moran, Jr. v. Commonwealth of Virginia 05/11/2010
Trial court did not err in finding evidence sufficient to support convictions of forcible sodomy and attempted aggravated sexual battery where victim’s testimony was not inherently incredible as a matter of law
2776082 Shaun Barbour, Sr. v. Doris Graves 05/11/2010
No error in trial court’s finding that appellee was a party with a legitimate interest; trial court erred in finding appellant voluntarily relinquished his rights to his child; matter remanded to trial court for reconsideration of parental presumption and best interest of child determinations
0223093 Kyle Duane Stullenberg, s/k/a Kyle Duane Stellenburg v. Commonwealth of Virginia 05/04/2010
Trial court did not err in finding evidence sufficient to support convictions of attempted first-degree murder and use of a firearm where evidence proved appellant had specific intent to kill
0329091 Donald Kenneth Brown, Jr. v. Commonwealth of Virginia 05/04/2010
No error in appellant’s conviction or sentence under Code § 46.2-301(C) where trial court reopened the record for the purpose of receiving DMV transcript and did not consider evidence outside the evidentiary record
0450093 Tracie Dowell Nininger v. Commonwealth of Virginia 05/04/2010
Trial court did not err in finding evidence sufficient to prove conviction of aggravated involuntary manslaughter where it could conclude appellant’s intoxication caused the accident and the victim’s subsequent death and that her failure to maintain a proper lookout combined with intoxication was gross, wanton and culpable conduct
0489094 Juan Natael Romero-Diaz, s/k/a Juan Natel Romero-Diaz v. Commonwealth of Virginia 05/04/2010
Trial court did not err in admitting tape recording of telephone conversation between appellant and his mother that was not provided pursuant to discovery order where appellant did not specifically indicate to trial court how he was prejudiced by the failure to disclose statement and trial court did not abuse its discretion in fashioning a remedy
0519093 Jeffrey Scott Dupree v. Commonwealth of Virginia 05/04/2010
No error in trial court’s finding evidence sufficient to prove appellant’s conduct was so gross, wanton and culpable as to show a reckless disregard for human life and created a great risk of injury to others and that any alleged negligence on the part of others cannot be considered an independent intervening act that severed the causal connection between negligence and victim’s death
1185094 Nelson Rafael Melendez v. Commonwealth of Virginia 05/04/2010
No error in trial court’s finding that evidence was sufficient to prove appellant gave officer false information
1271094 Andrew Nambum Lee v. Commonwealth of Virginia 05/04/2010
Trial court did not err in finding evidence was sufficient to support convictions of forgery and uttering where appellant falsified form for the purpose of manipulating his employer into narrowing scope of his employment duties and limiting tasks assigned to him at his full-duty pay
1935092 Boar's Head Provisions Company, Inc. et al. v. Gregory Demetrius Daughtry 05/04/2010
Appeal dismissed where ruling appealed from was not a final order and did not adjudicate the principles of the cause
2143094 Cheryl S. Joseph v. Binoy George 05/04/2010
Summary affirmance – as appellant failed to comply with Rule 5A:20 in her brief, her arguments are waived and Court will not consider merits of case
2313094 Gary D. McDougall v. Janet E. McDougall 05/04/2010
Summary affirmance – no error in trial court’s modification of visitation schedule
2759091 Commonwealth of Virginia v. John M. Daley 05/04/2010
Trial court erred in granting motion to suppress evidence obtained from traffic stop where officer had right to stop vehicle that had a cracked windshield to investigate further
0522094 Gregory Allen Harrington v. Commonwealth of Virginia 04/27/2010
Trial court erred in convicting appellant of summary contempt for events that occurred outside open court and some of which took place outside the judge’s presence
0915093 Shahee Ali Akbar v. Commonwealth of Virginia 04/27/2010
Trial court did not err in imposing a term of post-release supervision under Code § 19.2-295.2 as the trial court retains the ability to assess punishment and the Virginia Parole Board, an executive agency, simply gives clear standards for conduct upon release and does not usurp the judicial function of assessing punishment
1553094 Robert E. Olsen v. Barbara E. MacKay 04/27/2010
No error in trial court’s equitable distribution award where appellee met her burden of tracing settlement proceeds into appellant’s separate account, properly classified earnest money and down payment contributions, and properly relied on the factors enunciated in Code § 20-107.3(E)
1911094 David B. Briggman v. Commonwealth of Virginia, Department of Social Services, etc. 04/27/2010
Appeal of order holding appellant in contempt for violating a child support order dismissed as moot where appellant paid all of the child support arrears and the child is now emancipated
2319092 Heartland Hospice Manor Care, Inc. and Broadspire Services, Inc. v. Carolyn Patton 04/27/2010
No error in commission’s award of medical expenses to appellee for medical treatment received after March 27, 2007 as that treatment was causally related to her compensable work injury
2394094 Stephen Dan Trimble v. Paula Shaki Trimble 04/27/2010
Trial court properly overruled appellant’s demurrer where appellee’s complaint presented a controversy justiciable under declaratory judgment statutes; trial court erroneously construed a particular provision of the parties’ property settlement agreement
2439091 Michael Lloyd Harrison v. Deborah Kay Garrett Harrison 04/27/2010
Summary affirmance – no error in final decree awarding spousal support and attorney’s fees to appellee
2641093 Garry Mullins v. Garry Mullins and Granite State Insurance Company 04/27/2010
Summary affirmance – no error in commission’s finding that appellant failed to provide timely notice of workplace injury to insurer and that such failure prejudiced the insurer
2805094 Barbara Jean Smith Plauger v. Shenandoah Motors, Inc. and VADA Group Self-Insurance Association 04/27/2010
Summary affirmance – no error in commission’s finding that employer would have offered appellant light-duty work if appellant had not been terminated for cause
3054081 Brenda Denise Muhammad v. Commonwealth of Virginia 04/27/2010
Trial court did not err in denying appellant’s motion to suppress evidence obtained incident to her arrest where officer did not violate appellant’s Fourth Amendment rights because the encounter was consensual
3064082 Darlow Monta Young v. Commonwealth of Virginia 04/27/2010
Trial court did not err in finding evidence was sufficient to support appellant’s convictions of robbery and burglary
0631094 Mary C. Schuman v. Daniel Schuman 04/20/2010
Judgment of trial court incorporating a premarital agreement into an order and ruling on equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings
0697092 Rontel Taylor, s/k/a Rontal Taylor v. Commonwealth of Virginia 04/20/2010
No error in trial court’s finding that witness’ testimony was credible and finding that evidence was sufficient to support convictions of shooting into occupied dwelling and conspiracy to shoot into occupied dwelling
1053094 Diane Spreadbury v. Peter E. Spreadbury 04/20/2010
No error in trial court’s final decree of divorce regarding equitable distribution, granting and imposing a sanctions order that prohibited appellant from presenting evidence at trial, granting appellee’s motion in limine, refusing to award spousal support to her, and awarding appellee attorney’s fees
1259094 Mary C. Schuman v. Daniel Schuman 04/20/2010
Judgment of trial court incorporating a premarital agreement into an order and ruling on equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings
1260094 Mary C. Schuman v. Daniel Schuman 04/20/2010
Judgment of trial court incorporating a premarital agreement into an order and ruling on equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings
2506091 Kathleen Capenos Barrett v. David J. Kantz 04/20/2010
Trial court did not err in refusing to make child support payments retroactive to date appellant filed motion for modification or in failing to order appellee to pay for orthodontic treatment for one of parties’ children; trial court erred in its calculation of amount appellee must pay for orthodontic treatment for the other child
2175094 Komal Zaidi Mustafa v. Shahid S. Mustafa 04/13/2010
Summary affirmance – trial court did not err in finding that there was sufficient evidence to prove the grounds for annulment based on fraud by clear and convincing evidence
2271091 Commonwealth of Virginia v. Jeermaine S. Epps 04/13/2010
Trial court erred in granting motion to suppress appellee’s statements where appellee’s invocation of his right to counsel was not a clear, unambiguous, and unequivocal request for counsel
2277094 Kimberly Adkins v. Winchester Department of Social Services 04/13/2010
Summary affirmance – trial court did not err in finding clear and convincing evidence supported the termination of appellant’s parental rights to her child and that the termination was in the child’s best interest
2310091 Dawn Davis, f/k/a Dawn D. Belcher v. Patrick L. Belcher 04/13/2010
Summary affirmance – trial court did not abuse its discretion in awarding physical custody of the child to father; trial court did not place undue weight on the custody evaluator’s updated report; appellant’s issue regarding trial court’s procedure for closing arguments barred by Rule 5A:18
2502093 Denny Willis Clevinger, Sr. v. Creative Glass and Mirror, Inc. and Cincinnati Casualty Company 04/13/2010
Summary affirmance – no error in commission’s finding that claimant failed to prove his injuries were causally related to a workplace accident and that claimant’s testimony before the commission was incredible
2619094 Gelila Wossene v. Landmark Tower Service Center, Inc. and American Home Assurance Company 04/13/2010
Summary affirmance – no error in commission’s finding that the deputy commissioner correctly determined that appellant failed to establish a compensible injury by accident arising out of and in the course of her employment
2624091 Colas, Inc. and Liberty Mutual Insurance Company v. Anthony Williams Riddick 04/13/2010
Summary affirmance – commission did not err in finding that the evidence was sufficient to conclude appellee made reasonable efforts to market his residual work capacity
0685091 Nathaniel Bowe, Jr. v. Commonwealth of Virginia 04/06/2010
Trial court did not err in denying appellant’s motion to suppress drugs recovered from his person where his arrest for trespassing was supported by probable cause and deputies would have inevitably discovered the drugs even without the unwarned statement that the trial court did suppress
1003093 Lane Matthew Stegall, s/k/a Lane Stegall, Jr. v. Commonwealth of Virginia 04/06/2010
Trial court did not err in finding evidence sufficient to support conviction for statutory burglary where appellant entered the house with the intent to steal
1290094 Eric Michael Jimenez-Calcano v. Commonwealth of Virginia 04/06/2010
Trial court did not err in finding evidence sufficient to prove appellant touched the officer with the intent to inflict bodily injury upon the officer and the touching was not accidental
1779084 Matthew David Detzler v. Commonwealth of Virginia 04/06/2010
Trial court did not err in allowing Commonwealth to introduce evidence of prior bad acts where evidence had legitimate probative value; trial court did not abuse its discretion in refusing to allow appellant to present expert testimony where nothing demonstrated topics were beyond knowledge of average juror
1853094 Scott P. Cragg v. Lynda E. Cragg 04/06/2010
Summary affirmance – appellant failed to comply with Rules 5A:25 and 5A:20 and Court will not consider the issues raised on appeal as that failure is significant
2114084 Alexander R. Mervin-Frazier v. Commonwealth of Virginia 04/06/2010
Trial court did not err in denying appellant’s motion to suppress on ground that his will was overborne by the continuing interrogation after he displayed signs of medical distress; trial court erred in denying motion to suppress statements appellant made after invocation of his right to remain silent
0084092 Moses Thomas, Jr. v. Commonwealth of Virginia 03/30/2010
Trial court did not err in denying motion to suppress cocaine where while officer did not have probable cause to arrest for public intoxication, officer had probable cause to arrest appellant for obstruction of justice and subsequent search did not offend protections of Fourth Amendment
0737094 Wayne O. Leake v. Susan J. Taylor 03/30/2010
No error in final decree of divorce terminating marriage of parties; trial court did not err in refusing appellant’s request for attorney’s fees
0765091 Vincent Edward Battin v. Commonwealth of Virginia 03/30/2010
Trial court did not err in denying motion to suppress statement to officers where appellant had his rights read to him and waived his rights and reinitiated contact with the officers against the advice of counsel; evidence sufficient to support conviction of robbery
1481094 Ali Afghahi v. Neda Ghafoorian 03/30/2010
No error in trial court’s finding that gold coins were due and payable to appellee under premarital agreement
1482094 Kmart Management Corporation/Sears Holdings Management Corp. et al. v. Thomas John Zelones 03/30/2010
No error in commission’s findings that appellee’s log of job leads was admissible, that appellee marketed his residual work capacity, and that appellee was entitled to temporary total disability benefits
1580094 Thomas John Zelones v. Kmart Management Corporation/Sears Holdings Management Corp. et al. 03/30/2010
No error in commission’s findings that appellant did not adequately market his residual work capacity for a specific period of time and that appellant’s left foot condition was not a compensable consequence of the workplace injury
2112094 Home-Kim Group, Inc., et al. v. Nelson Acuna, Milton Raul Gonzalez, Uninsured Employer's Fund 03/30/2010
Summary affirmance – no error in commission’s finding that Home-Kim was appellee Acuna’s statutory employer at the time he was injured or that insurer received timely notice of the claim for benefits
2165094 Coffeewood Correctional Center/Commonwealth of Virginia v. William F. Henderson 03/30/2010
Commission did not err when it refused to bar appellee’s claim for permanent partial disability benefits for his left leg based on res judicata, collateral estoppel, or abandonment
2429092 Chemed Corporation T/A Roto Rooter et al. v. Lonnie Lynn Borrell 03/30/2010
No error in commission’s finding that appellee did not unjustifiably refuse an offer of light-duty employment and that appellee made a reasonable effort to market his residual work capacity
2585094 Franconia International Shell and Southern Fire and Casualty Company v. Tariq Mahmood Alam 03/30/2010
Summary affirmance – no error in commission’s finding that appellee was entitled to benefits and that appellee established that his disability was causally related to his workplace injury
2990083 Marvin L. Mosby v. Commonwealth of Virginia 03/30/2010
Trial court did not err in allowing the Commonwealth to amend the statutory provision at the foot of the indictment as appellant was not prejudiced in the preparation of his defense and the amendment did not affect the nature or character of the offense charged
3103082 Robert Marshall Parrish v. Commonwealth of Virginia 03/30/2010
Evidence was insufficient to prove appellant obtained an advance with fraudulent intent; conviction of construction fraud reversed and dismissed
0026092 Tavoris Marquise Courtney v. Commonwealth of Virginia 03/23/2010
Trial court did not err in finding evidence sufficient to prove beyond reasonable doubt that appellant possessed a firearm during commission of robbery
0137091 Heather Dawn Jennings v. Commonwealth of Virginia 03/23/2010
Trial court did not err in revoking appellant’s suspended sentences without first finding appellant signed the probation officer’s terms and conditions form where appellant forfeited her conditional freedom by committing new criminal offenses
0485092 Joshua Tyree Murphy v. Commonwealth of Virginia 03/23/2010
Trial court did not err in finding evidence sufficient to prove appellant possessed cocaine and heroin with intent to distribute or in allowing witness to testify as an expert in gang culture during sentencing phase of trial; appellant suffered no undue prejudice from admission of statements regarding prior bad acts, and sentences imposed were within statutory ranges
0753093 Ralph Eugene Taylor v. Commonwealth of Virginia 03/23/2010
Trial court did not err in denying appellant’s proposed instructions of self-defense and duress
0799093 Timothy Holley v. Commonwealth of Virginia 03/23/2010
Trial court did not err in authorizing appellant’s treatment pursuant to Code § 37.2-1101 where trial court applied appropriate legal principles and found recommended treatment would not violate appellant’s basic values
0950092 Marcus Gardener Blanks v. Commonwealth of Virginia 03/23/2010
Trial court did not err in denying motion to suppress appellant’s statements where appellant was not deprived of his freedom of movement such that he was in custody at the time of his interview with the police
1887092 Charles Rudolph Johnson, Jr. v. Carolyn Ingram Johnson 03/23/2010
Summary affirmance – trial court did not err in refusing to terminate appellant’s spousal support award to appellee
1896091 Dominion Virginia Power and Dominion Resources, Inc. v. Virginia Whitney Greene 03/23/2010
No error in commission’s award of temporary total disability benefits based on a change in condition to a previously determined compensable injury
2004091 Virginia Electric & Power Company and Dominion Resources Inc. v. Linda D. Earley 03/23/2010
Commission did not err in awarding medical expenses to appellee where bills at issue were causally related to appellee’s work injury or in designating appellee’s doctors as her new treating physicians and ordering appellants to pay necessary medical expenses therefrom
2310081 Melvin Demorris Marshall v. Commonwealth of Virginia 03/23/2010
Trial court did not abuse its discretion in denying appellant’s motion for continuance where counsel provided too weak a basis for believing he could ever timely secure presence of missing witness and case had been continued several times before
2468083 Roland McKinley Christian, III v. Commonwealth of Virginia 03/23/2010
Trial court did not err in denying motion to suppress where appellant never identified any evidence he sought to exclude from trial
2985082 Jerome Wright v. Commonwealth of Virginia 03/23/2010
Trial court did not abuse its discretion in admitting evidence of victim’s statements under state-of-mind exception to hearsay rule as probative of appellant’s mental state and trial court stated it only considered the statements under that exception
0269091 Jose Ramon Aispuro v. Commonwealth of Virginia 03/16/2010
Appellant’s sentence based on his guilty plea to felony child neglect affirmed where record does not show an abuse of discretion by trial court
0838091 Donna Lynn Taylor v. Commonwealth of Virginia 03/16/2010
Trial court did not err in considering appellant’s prior California DUI conviction, in refusing to dismiss charge for officer’s failure to obtain a blood test, and in finding evidence sufficient to support conviction of driving under the influence
0923092 Tom A. Broadhead, Jr. v. Anne E. Broadhead 03/16/2010
Trial court did not err in its award of child support to appellee or in awarding attorney’s fees to appellee and denying appellant’s request for attorney’s fees
1097092 Anne E. Broadhead v. Tom A. Broadhead, Jr. 03/16/2010
Trial court’s award of child support to appellant affirmed except insofar as it pertains to appellee’s concession that trial court should have ordered unreimbursed medical/dental expenses should be divided proportionately rather than equally; remanded to trial court solely to correct that error
1187093 Douglas Gordon Myatt v. Commonwealth of Virginia 03/16/2010
Appellant’s conviction of credit card fraud reversed and dismissed where trial court necessarily determined that an essential element of the fraud charge had not been proven when it acquitted appellant of credit card theft
1225081 Stuart Katz, s/k/a Stuart Harris Katz v. Commonwealth of Virginia 03/16/2010
Trial court did not err in denying appellant’s motion to dismiss charges for Commonwealth’s failure to provide exculpatory information where it found information at issue was not exculpatory
1318081 Stephen Andrew Adderley v. Commonwealth of Virginia 03/16/2010
Trial court did not err in denying appellant’s motion to suppress his incriminating statements where those statements were not the product of police interrogation or its functional equivalent, thus appellant’s Miranda rights were not implicated
1630094 Hitt Construction and Zurich American Insurance Company v. Richard John Edward Pratt, Jr. 03/16/2010
No error in commission’s award of permanent partial disability benefits to appellee where evidence proved appellee’s permanent disability is same injury that he sought benefits for in original claim which was timely filed and evidence presented was that workplace injury aggravated his pre-existing, latent carpal tunnel syndrome
1649094 Kathie S. Obst v. Henry T. Obst 03/16/2010
Summary affirmance – appellant’s issues raised on appeal waived for failing to comply with Rules 5A:20 and 5A:18
2473094 AMS Staff Leasing and Companion Property et al. v. Luis E. Escobar 03/16/2010
Summary affirmance – no error in commission’s finding that appellee proved his injury arose out of his employment
0220091 Kimathy J. Branch v. Commonwealth of Virginia 03/09/2010
Trial court erred in convicting appellant of grand larceny where Commonwealth’s evidence was insufficient to prove value of stolen goods was $200 or more; remanded to trial court for new sentencing hearing on conviction of petit larceny
0531091 Levar Donnie Richardson v. Commonwealth of Virginia 03/09/2010
Evidence was sufficient to prove appellant knew the checks he possessed were forged and he had the requisite intent to defraud
0938091 Johnny Earl Arrington v. Commonwealth of Virginia 03/09/2010
No error in trial court’s finding that evidence was sufficient to prove house appellant broke and entered was affixed to realty
1871093 Mark O'Hara Wright v. Harrisonburg Rockingham Social Services District 03/09/2010
Summary affirmance – trial court did not err in concluding it was in appellant’s children’s best interest to terminate his parental rights to his children
1900094 Brenda Dodson v. Fairfax County Department of Family Services 03/09/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where she was unable to remedy problems that led children to foster care and appellee provided reasonable and appropriate services
1956092 Commonwealth of Virginia v. William Jefferson Mason 03/09/2010
No error in trial court’s order granting motion to suppress where officer did not have enough information to give him reasonable suspicion for the stop
2595081 Brian Alan Thor v. Commonwealth of Virginia 03/09/2010
Trial court erred in denying appellant’s motion to suppress drugs obtained from his person where officers lacked probable cause to arrest appellant; argument whether appellant had a right to resist an illegal arrest waived
0340094 J. Michael Sharman, Esquire, Guardian Ad Litem for the Minor Child v. Miriam R. Diaz-Mendes et al. 03/02/2010
Trial court’s refusal to terminate mother’s parental rights to her child affirmed where DSS failed to prove by clear and convincing evidence either of the subsections of Code § 16.1-283(C) necessary to terminate her parental rights
0341094 J. Michael Sharman, Esquire, Guardian Ad Litem for the Minor Child v. Miriam R. Diaz-Mendes et al. 03/02/2010
Trial court’s refusal to terminate mother’s parental rights to her child affirmed where DSS failed to prove by clear and convincing evidence either of the subsections of Code § 16.1-283(C) necessary to terminate her parental rights
0342094 J. Michael Sharman, Esquire, Guardian Ad Litem for the Minor Child v. Miriam R. Diaz-Mendes et al. 03/02/2010
Trial court’s refusal to terminate mother’s parental rights to her child affirmed where DSS failed to prove by clear and convincing evidence either of the subsections of Code § 16.1-283(C) necessary to terminate her parental rights
0821091 Rod Freeman Hobbs v. Anthony Conyers, Commissioner, Virginia Department of Social Services 03/02/2010
Petition for Rehearing En Banc granted
0906092 Michael Bassey Akpan v. Commonwealth of Virginia 03/02/2010
Evidence adduced at trial was only sufficient to prove a single criminal act on appellant’s part as four successive attempts to withdraw money from single frozen account had no intervening events sufficient to break single and continuing act of larceny
1697084 Dolores Davis v. County of Fairfax 03/02/2010
Upon Rehearing En Banc-Court adopts reasoning in Part 1A of panel opinion on nonsuit issue; stay of mandate lifted and judgment of trial court affirmed
1919092 Kenneth Winn, Sr. v. Chesterfield County Department of Social Services 03/02/2010
Summary affirmance – no error in trial court’s finding evidence was clear and convincing that appellee provided reasonable and appropriate services to appellant under the circumstances, that appellant failed to maintain contact with children, and that appellant was unable or unwilling to remedy substantially conditions leading to placement in foster care
2188081 Antonio Mason v. Commonwealth of Virginia 03/02/2010
Trial court erred in finding evidence was sufficient to prove appellant constructively possessed cocaine found in one of the apartments for which police had obtained search warrant
2498082 Samuel Aaron Brabson v. Commonwealth of Virginia 03/02/2010
Trial court did not err in finding evidence was sufficient to support appellant’s convictions of one count of larceny by false pretenses and one count of attempted larceny by false pretenses
0024092 Michael Johnson, s/k/a Michael Craig Johnson, Jr. v. Commonwealth of Virginia 02/23/2010
Appellant’s conviction of possession of marijuana with intent to distribute affirmed where appellant waived his argument that the evidence was seized in violation of the Fourth Amendment and trial court did not err in finding evidence sufficient to support conviction
0317092 Melvin Nathaniel Hatcher v. Commonwealth of Virginia 02/23/2010
Appellant’s conviction of grand larceny affirmed where testimony of victim was sufficient to prove beyond reasonable doubt that value of stolen pressure washer was at least $200
0500091 Alfred Leroy Marshall v. Commonwealth of Virginia 02/23/2010
Appellant’s sentence for possession of a firearm by a felon affirmed where initial failure to recognize correct sentencing parameters did not affect final sentence imposed after trial court ruled on appellant’s motion to reconsider sentence
0705094 Lisa Miller v. Janet Jenkins 02/23/2010
Law of the case doctrine controls in this case and requires this Court to affirm trial court’s order requiring registration and enforcement of November 7, 2008 Vermont order directing visitation with the child
0830092 Joseph James Butor, II v. Commonwealth of Virginia 02/23/2010
No error in trial court’s finding that appellant used victim’s vehicle after she had revoked her consent; conviction of unauthorized use of a vehicle affirmed
0924092 Auto Wholesale Distributors, Inc. v. Donald G. Stotts 02/23/2010
Commission did not err in finding evidence sufficient to prove appellee is totally, not partially, disabled and is not required to market his residual work capacity in order to receive temporary total disability benefits
0980094 American Trucking Association, Inc. and Chubb Indemnity Insurance Company v. Marianne R. Stallings 02/23/2010
No error in commission’s finding that appellee was injured on employer’s extended premises and its award of medical benefits as a result of workplace injury affirmed
1266092 Kathy W. Disher v. Dinwiddie County Department of Social Services 02/23/2010
Trial court did not err in finding evidence was sufficient to prove appellant has been unable to make substantial progress toward elimination of conditions which led to or required continuation of child’s placement in foster care; termination of appellant’s parental rights to her child affirmed
1564091 U.S. Airways, Inc. and New Hampshire Insurance Company v. Pamela D. Taite-Pressey 02/23/2010
Commission’s award of temporary total disability benefits to appellee affirmed where commission expressly rejected the fit-for-duty opinion of the treating physician and the credibility finding of the deputy commissioner; award involves questions of fact outside the scope of our appellate review
1664093 Mohammed Amin Serdah v. Judy Williams Serdah 02/23/2010
Trial court did not abuse its discretion in finding evidence was insufficient to establish contemptuous conduct and sustained appellee’s motion to strike
1680091 Dwain Alexander, II v. Monique Allen 02/23/2010
Trial court’s custody and visitation order reversed and matter remanded to trial court where trial court did not communicate basis of its ruling to parties as required by Code § 20-124.3
2132092 Mary Elizabeth Garnder v. Spotsylvania (County of) School Board, et. al. 02/23/2010
Summary affirmance – no error in commission’s finding that appellant’s treatment with Dr. Young was not authorized and not the responsibility of appellees
2554081 John K. Goffigan, III v. Commonwealth of Virginia 02/23/2010
Appellant’s convictions affirmed where any error regarding whether trial court erred in permitting prosecutor to impeach a witness with an improper question is harmless
2564082 Robert Robertson, Jr., s/k/a Robert Winston Robertson, Jr. v. Commonwealth of Virginia 02/23/2010
Appellant’s issue regarding sufficiency of evidence to support sexual battery conviction barred by Rule 5A:18; evidence sufficient to support conviction of taking indecent liberties with a minor under Code § 18.2-370(A)(1) which proscribes person from exposing his genitals to another with lascivious intent
1644094 Florinda Perez v. Fairfax County Department of Family Services 02/16/2010
Summary affirmance – trial court did not err in finding appellee presented clear and convincing evidence that termination of appellant’s parental rights to her son was in child’s best interest
2196093 Susan J. Poole v. Virginia Employment Commission and Target Corporation 02/16/2010
Summary affirmance – trial court did not err in affirming decision of Virginia Employment Commission denying unemployment benefits
2301094 Moore Brothers Company, Inc., et at. v. Jesse Daniel Wolfe 02/16/2010
Summary affirmance – commission did not err in concluding appellee sustained a permanent total impairment and was entitled to lifetime disability benefits, relying upon expert testimony that appellee could not obtain a job in competitive job market; finding that appellee was unable to use his arms in any gainful employment, and rejecting consultant’s testimony
0140092 J. Michael Sharman, etc. v. Catherine P. Gillepsie and Andre Hakes 02/09/2010
Trial court did not err in holding that the juvenile and domestic relations district court’s nonsuit order was not a final order pursuant to Code § 16.1-296 and thus it lacked subject matter jurisdiction over the case
0496094 Keith Rendell Colbert v. Commonwealth of Virginia 02/09/2010
Trial court did not err in concluding that appellant was aware of the cocaine residue on the scale and that it was subject to his dominion and control
0767094 Kirkland L. Hicks v. Erica Smith-Ingram, f/k/a Erica Smith-Hicks 02/09/2010
Summary affirmance – issues regarding child support order precluded by Rule 5A:18 where parties did not preserve their issues for appeal
0872092 Sears Roebuck & Company, et al. v. William Larry Cruse 02/09/2010
Commission erred in refusing appellants’ request for an evidentiary hearing on statute of limitations issues; matter remanded to commission for evidentiary hearing on the statute of limitations and any tolling or estoppel provisions that may apply
1269094 Land N Sea Distributing, Inc. and Zurich American Insurance Company v. John A. DeHaven 02/09/2010
No error in commission’s finding that appellee’s work-related should injury was a contributing factor to his disability and, applying the two causes rule, that appellee was totally disabled and entitled to temporary total disability benefits
1901081 Lothario Swiggett v. Commonwealth of Virginia 02/09/2010
Trial court did not err in finding evidence sufficient to prove appellant committed larceny of the string trimmer and that the value of the string trimmer was at least $200
2224093 Anthony Eden v. Community Systems, Inc. and Delos Insurance 02/09/2010
Summary affirmance – no error in commission’s finding that appellant’s injury did not arise out of an actual risk of his employment, to which the general public is not exposed
2521081 Jermaine Levon Lyons v. Commonwealth of Virginia 02/09/2010
Trial court did not err in concluding that, based on these facts, appellant’s failure to re-register with the sex offender registry was intentional
2845082 Joshua Tyree Murphy v. Commonwealth of Virginia 02/09/2010
Trial court did not err in denying appellant’s motion to suppress evidence of cocaine discovered during a search of appellant’s person where the police had probable cause to arrest appellant for trespassing and the search of appellant’s person was incident to that arrest
0055091 Deonne Lamonn Boone v. Commonwealth of Virginia 02/02/2010
No error in trial court’s denial of appellant’s motion to suppress statement made to jail personnel where statement was not elicited by Commonwealth in its case-in-chief but mentioned for first time during cross-examination of witness by defense counsel
0571091 Worth Wilson, III v. Commonwealth of Virginia 02/02/2010
No error in trial court’s finding that appellant possessed the cocaine found under his seat in the car and that appellant possessed the cocaine and firearm simultaneously
0976092 Josephine Lee v. Southside Virginia Training Center 02/02/2010
Trial court did not err in affirming hearing officer’s termination of appellant where there is a distinction between the results of a polygraph test and voluntary statements made by a person being tested; nothing suggests that the witness’ testimony in grievance hearing was ever basis for a perjury prosecution or conviction
1539091 Clyde A. Holmes v. Amy Holmes 02/02/2010
Summary affirmance – no error in trial court’s final decree of divorce ordering appellant to pay spousal support and attorney’s fees and ordering that appellee receive survivor benefits; issues regarding date of separation, which affected division of appellant’s military retirement, and whether appellee responsible for student loan not considered for failure to comply with Rule 5A:20(e)
1783094 Vincent M. Amberly v. Judith N. Amberly 02/02/2010
Summary affirmance – no error in trial court’s order denying appellant’s motion to reduce or terminate his spousal support obligation
2102084 David Nelson v. Commonwealth of Virginia 02/02/2010
Trial court did not abuse its discretion in denying appellant’s motion to bifurcate guilt phase of appellant’s trial; evidence was sufficient to convict appellant of operating motor vehicle while intoxicated, fourth offense in ten years; appellant failed to properly present issue of whether Code § 18.2-266 is unconstitutional
2267093 Jefferds Corporation, et al. v. Lawrence G. Nelson 02/02/2010
Summary affirmance – no error in commission’s finding that appellee provided a reasonable excuse for failing to provide timely notice of industrial accident
2910084 Monzer R. Chorbaji v. Marva D. Simpson 02/02/2010
Summary affirmance – trial court’s final order regarding custody, visitation, child support, grounds for divorce, equitable distribution, and attorney’s fees affirmed
0409092 Diane P. Howard v. Rickard K. Howard 01/26/2010
Error in trial court’s order clarifying that divorce decree’s spousal support provision was inclusive of sums appellee was required to pay under the terms of the parties’ marital agreements
0821091 Rod Freeman Hobbs v. Anthony Conyers, Commissioner Virginia Department of Social Services 01/26/2010
Trial court erred in holding that the failure of the local agency investigator to tape record two interviews with the victim, in violation of 22 VAC 40-705-80(B)(1), was harmless error; disposition of Founded-Sexual Abuse-Level 1 reversed
1241092 William Jurdan Davis, Jr. v. Martha Fern Atkinson Davis 01/26/2010
Trial court did not err in awarding divorce to appellee on ground of adultery, finding appellant committed marital waste, classifying property, making a proper equitable distribution award, awarding spousal support, and awarding appellee partial attorney’s fees
1455084 Ahmed Izzeldon Osman v. Commonwealth of Virginia 01/26/2010
Issue of whether trial court erred by admitting evidence concerning a conversation appellant had with an undercover police officer procedurally defaulted under Rule 5A:18 where appellant failed to object to the admission of the testimony at the time it was offered and failed to present the argument he makes on appeal to the trial court
1587094 Bernard L. Dinicola, Jr. v. Target Corporation 01/26/2010
Summary affirmance – no error in commission’s finding that appellant failed to establish that the nine percent permanent partial disability of his right upper extremity was causally related to his workplace injury
2926082 John Wade Dyer v. Commonwealth of Virginia 01/26/2010
Appellant’s conviction of construction fraud reversed where evidence was insufficient to prove appellant had the intent to defraud the victims when he requested and received the money
2931081 Tony Jermaine Walker v. Commonwealth of Virginia 01/26/2010
Appellant was not denied his right of confrontation when trial court admitted the NADA “blue book” as it is a repository of information complied for uses other than in litigation and is not accusatory; evidence sufficient to prove value of vehicle was over $200
2987082 Diane P. Howard v. Richard K. Howard 01/26/2010
Trial court erred in finding spousal support award was inclusive of sums appellant was required to pay under the terms of the marital agreements and in including in final decree provision that there was no order for health care coverage for appellant; trial court did not err in imputing income to appellant
3073081 Ricky G. Davis, s/k/a Ricky Glendall Davis v. Commonwealth of Virginia 01/26/2010
Trial court did not err in finding evidence was sufficient to prove beyond a reasonable doubt that appellant possessed .25 caliber ammunition cartridges with knowledge of their explosive character
0770092 Jonathan Wayne Brown v. Commonwealth of Virginia 01/19/2010
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of obstruction of justice where appellant pulling his arm from officer constituted active resistance against a police officer
1886083 Terry Lynn Sullivan v. Commonwealth of Virginia 01/19/2010
No error in trial court’s finding that evidence was sufficient to prove appellant failed to provide an animal necessary emergency veterinary treatment in violation of former Code § 3.1-796.122(A)(ii)
2104092 Matthew L. Wooten v. Intermet Foundry and Liberty Mutual Fire Insurance Company 01/19/2010
Summary affirmance – no error in commission’s findings regarding appellant’s claim for arthrofibrosis
2672084 Gregory Bryce Tanner v. Commonwealth of Virginia 01/19/2010
No error in appellant’s conviction of grand larceny where the evidence proved appellant acted under a single intent when committing two thefts and the single larceny doctrine was properly employed to combine the value of the thefts which exceeded the threshold for grand larceny
2697082 Cody Jarrell Robinson v. Commonwealth of Virginia 01/19/2010
No error in trial court’s finding that evidence was sufficient to prove appellant’s knowledge of the nature and character of the ecstasy he possessed with the intent to distribute
0247092 Paul Renfro Harbison, Jr. v. Junko Ezure Harbison 01/12/2010
Summary affirmance – no error in trial court’s ruling which declared appellant’s marriage to appellee void ab initio and awarded appellee attorney’s fees and costs
0469094 Diane Grant-Boesen v. Virginia Employment Commission and Trust Building Services, Inc. 01/12/2010
Summary affirmance – trial court did not err in affirming a decision of the Virginia Employment Commission disqualifying appellant from unemployment benefits due to misconduct
0487092 Elvon Amon Kelley v. Commonwealth of Virginia 01/12/2010
Trial court did not err in finding evidence was sufficient to prove appellant committed two counts of unlawful wounding where natural and probable consequence of striking victims’ vehicle was an accident causing death or injury
0734092 Kevin Ray Mitchem v. Commonwealth of Virginia 01/12/2010
Rule 5A:18 bars appellant’s argument that Code § 46.2-384 is unconstitutional; trial court did not err in finding evidence sufficient to convict appellant of driving under the influence, third or subsequent offense within a ten-year period
1139092 Markesh Monique Bennett v. Commonwealth of Virginia 01/12/2010
Trial court did not err in convicting appellant of obstruction of justice and felony assault on a law enforcement officer where trial court had ample grounds to reject appellant’s argument that she was legally justified to commit the offenses
1371081 Eugene Boone, IV v. Commonwealth of Virginia 01/12/2010
No error in trial court’s finding that evidence was sufficient to prove appellant possessed explosive material after having been convicted of felony where appellant knowingly and intentionally possessed a handgun magazine clip with six rounds of ammunition containing smokeless gunpowder
1391093 Outreach Construction and Southern Insurance Company of Virginia v. Raymond J. Peterson 01/12/2010
No error in commission’s finding that appellee sustained a compensable injury by accident to his neck that materially aggravated a pre-existing injury requiring surgery; commission did not err in finding that appellee suffered a compensable injury to his left wrist and that his doctors were authorized treating physicians for that injury
2126082 Rashid Amir Mustafa v. Commonwealth of Virginia 01/12/2010
Trial court did not err in denying appellant’s motion to suppress because reasonable articulable suspicion justified any seizure and appellant voluntarily consented to the search of his vehicle
2143081 Seth A. Bailey v. Nettie L. Bailey 01/12/2010
Appellant’s issue regarding whether trial court erred in dismissing as untimely his motion to designate as waste a second mortgage barred by Rule 5A:18
2433081 Patrick Joseph Fitzgerald v. Commonwealth of Virginia 01/12/2010
No error in trial court’s finding that the Commonwealth proved the requisite statutory amount of the value of the stolen property
2936082 Stephen L. Nelson, s/k/a Stephen Leonard Nelson v. Commonwealth of Virginia 01/12/2010
Trial court did not abuse its discretion in refusing to permit appellant to cross-examine a prosecution witness concerning an unrelated robbery indictment in another jurisdiction where the purported connection between that charge and his testimony was too tenuous to permit an inference of witness bias or motive to fabricate
2952082 Jason Patillo, s/k/a Jason L. Patillo v. Commonwealth of Virginia 01/12/2010
Trial court did not err in denying appellant’s motion for mistrial where appellant’s rights were not so indelibly prejudiced by prosecutor’s question as to necessitate a new trial; appellant did not raise at trial the specific argument he makes on appeal regarding the trial court’s refusal of his requested jury instruction
2958082 Daryl Lamar Roberts v. Commonwealth of Virginia 01/12/2010
No error in appellant’s conviction of rape where evidence was sufficient to find appellant engaged in sexual intercourse with victim while victim was mentally incapacitated or physically helpless
1168082 Thomas H. Reynolds, III v. Commonwealth of Virginia 12/29/2009
No error in trial court’s finding that appellant knowingly and intentionally possessed the shotgun as a convicted felon
1678094 Findlay Fine Jewelry Corporation and Federal Insurance Company v. Hanadi Asfour 12/29/2009
Summary affirmance – no error in commission’s decision that appellee made a reasonable effort to market her residual work capacity and was entitled to temporary total disability benefits
2079081 Eric D. Ward v. Commonwealth of Virginia 12/29/2009
Trial court did not err in denying appellant’s motion to suppress the cocaine and his subsequent confession where his Fourth Amendment rights were not violated as the police had a reasonable, articulable suspicion to believe appellant was engaged in criminal activity
2494084 Marie Camara Tokora-Mansary, s/k/a Marie C. Tokora-Mansaray v. Commonwealth of Virginia 12/29/2009
Trial court erred in refusing appellant’s request for a jury trial where nothing in the trial court record indicates that appellant had waived her right to a jury trial; convictions of obstruction of justice and disorderly conduct reversed and remanded for retrial
2810084 Phillip S. Griffin, II v. Kathryn O. Griffin 12/29/2009
Trial court’s decision with regard to equitable distribution and spousal support reversed and remanded to trial court for redetermination; decision with regard to custody of parties’ children, granting divorce on ground of adultery, and award of attorney’s fees to appellee affirmed
0001092 Shaquilla Shanell Brown v. Commonwealth of Virginia 12/22/2009
Evidence was sufficient to support appellant's convictions of abduction for pecuniary gain and use of a firearm during that abduction where testimony of the Commonwealth's witnesses was not inherently incredible; additional issues raised by appellant barred by Rules 5:12(c), 5A:18 and 5A:20(e)
0204094 Javan Fox v. Commonwealth of Virginia 12/22/2009
Trial court did not abuse its discretion in refusing appellant's proposed instruction regarding the statutory definition of a law enforcement officer or in finding that Metro Transit Police officers are law enforcement officers for purposes of Code § 18.2-57(C)
0215093 Aushad Laque Seward, s/k/a Ashaad Laque Seward v. Commonwealth of Virginia 12/22/2009
Trial court did not err in finding evidence was sufficient to prove appellant possessed a firearm where the components he possessed constituted a firearm under the meaning of the statutes and there was no break in the chain of custody of the components found in appellant's vehicle and the revolver test fired by the officer
0745094 Fairfax County Department of Public Works et al v. C. Ray Davenport, Commissioner, et al 12/22/2009
Trial court did not err in affirming agency decision that space in question was a permit-required space, that there was substantial evidence proving employer knowledge, and that violation of citation 2, item 4b was willful; additional arguments barred by Rule 5A:18
0771092 David Clinton Green v. Commonwealth of Virginia 12/22/2009
Appellant's conviction of possession of concealed weapon by a convicted felon reversed where knife appellant possessed did not meet the definition of a weapon under the statute
1406092 Henry M. Snead v. Virginia Employment Commission and Jaunt, Inc. 12/22/2009
Summary affirmance - trial court did not err in affirming agency's determination that appellant failed to file a timely appeal to the deputy's determination that appellant's misconduct disqualified him from benefits
1551092 Jonathan Seward v. Mecklenburg County Department of Social Services 12/22/2009
Trial court did not err in finding that appellee made reasonable efforts to investigate appropriate relative placement for appellant's children prior to ordering the termination of appellant's parental rights
1930092 Robert S. Argabright, II v. Mary R. Argabright 12/22/2009
Summary affirmance - trial court did not err in denying appellant's motion to terminate or reduce his spousal support
1934092 Brian E. Walton v. Henrico (County of) Division of Fire 12/22/2009
Summary affirmance - no error in commission's decision denying appellant temporary total disability benefits where he failed to market his residual work capacity
1957081 Edward J. Garabedian v. Commowealth of Virginia 12/22/2009
Appellant's conviction of possession of concealed weapon by a convicted felon reversed where knife appellant possessed did not meet the definition of a weapon under the statute
2011082 Oscar Robert Lemen v. Commonwealth of Virginia 12/22/2009
Trial court did not err in allowing the Commonwealth to introduce evidence of uncharged misconduct to prove he committed the charged crimes where the victim's testimony fell within the exception allowing evidence of prior bad acts to show the conduct and feeling of the accused toward the victim
2029082 Daniel Paul Bennett v. Commonwealth of Virginia 12/22/2009
No error in trial court's finding that evidence was sufficient to support conviction where appellant's agitated state and aggressive behavior toward the officer coupled with his intent to intimidate or impede constituted the offense of misdemeanor obstruction of justice
2599082 Sammy C. Lawson, Jr., s/k/a Sammy Conley Lawson, Jr. v. Commonwealth of Virginia 12/22/2009
No error in appellant's conviction of grand larceny where evidence was sufficient to prove the value of the items stolen was $200 or more
0426092 Tanisha Kelly v. Hopewell Department of Social Services 12/15/2009
Trial court did not err in finding evidence was sufficient to terminate appellant's parental rights to her children or in finding that one of appellant's children was not of the age of discretion under Code § 16.1-283(G)
0511094 Charles Williams v. Annalisa Williams 12/15/2009
Summary affirmance - Court finds that as appellant failed to appear at oral argument and failed to respond to Court's show cause order, his failure to prosecute amounts to an abandonment of his appeal
0613093 Donald Lee Smith, Jr. v. Commonwealth of Virginia 12/15/2009
As appellant's notice of appeal of the juvenile court's revocation of his suspended sentence was timely, trial court erred in quashing his appeal; remanded to trial court for further proceedings
1418093 David Paul Jones v. William C. Bennett and Andrea Bennett 12/15/2009
Summary affirmance - no error in trial court's finding that adoption was in child's best interest and granting petition for adoption filed by grandparents
1472092 Sheri L. Talley v. David A. Connelly 12/15/2009
Summary affirmance - appellant's failure to comply with Rules 5A:20(c), (d), and (e) is significant and Court finds issues are waived
1511083 Fairleigh David Small, s/k/a Farleigh David Small v. Commonwealth of Virginia 12/15/2009
Appellant's conviction of attempted malicious wounding reversed where evidence was insufficient to establish a specific malicious intent to maim, disfigure, disable or kill and insufficient to establish the overt act necessary to prove an attempted malicious wounding
1596092 Gilbert C. Martin Company, Inc., et. al. v. Louis Cameron Phillingane 12/15/2009
Summary affirmance - no error in commission's finding that appellee's non-compensable injury was a compensable consequence of work-related injury, that ongoing temporary total disability benefits were appropriate, and that appellee had no duty to market his residual work capacity
1887083 Tony Lee Myers v. Commonwealth of Virginia 12/15/2009
No error in trial court's finding that evidence was sufficient to establish that appellant violated conditions of his probation and revoking appellant's suspended sentences
2005081 Marcus K. Potts v. Commonwealth of Virginia 12/15/2009
Trial court erred in denying appellant's motion to suppress his statements regarding heroin found in the apartment where appellant was detained in violation of his Fourth Amendment rights
2159081 Kenneth Frank Creamer v. Commonwealth of Virginia 12/15/2009
Trial court did not err in denying appellant's motion for disclosure where it reviewed material in camera and determined material was not exculpatory or in denying appellant's motion for a new trial based on materials court determined were not exculpatory
2297081 Rudloph Brown, Jr. v. Commonwealth of Virginia 12/15/2009
Evidence was sufficient to prove appellant was aware of presence, nature, and character of cocaine and exercised dominion and control over it
2631082 Emonnie O. Crichlow v. Commonwealth of Virginia 12/15/2009
Trial court did not err in convicting appellant of two counts of robbery where appellant intimidated each employee and obtained money through agency of intimidation; trial court did not err in rejecting alibi evidence
2948083 Darrell Ray Ferrell v. Commonwealth of Virginia 12/15/2009
Trial court did not err in denying appellant's motion to suppress where it found marijuana gave officer articulable suspicion that criminal acts were afoot and officer had right to approach appellant and detain him to talk about marijuana officer found
0634091 Kevin Christopher Knott v. Virginia Beach Mariners, Inc. and Uninsured Employer's Fund 12/08/2009
Commission's finding that the Fund was not liable for medical treatment appellant received for his neck and right shoulder is not support by credible evidence; remanded to commission
0882093 The Goodyear Tire and Rubber Company and Liberty Insurance Corporation v. Joanne Walker Harris 12/08/2009
As commission's decision regarding whether appellee marketed her residual work capacity was secondary to decision finding appellee's carpal tunnel syndrome was a noncompensable ordinary disease of life and had no effect on outcome of case, appellants are not an 'aggrieved' party and appeal is dismissed
0883093 Joanne Walker Harris v. The Goodyear Tire and Rubber Company and Liberty Insurance Corporation 12/08/2009
No error in commission's finding that appellant's carpal tunnel syndrome was not caused by her employment
1109091 Mark H. Barr v. Terri Colby Barr 12/08/2009
Summary affirmance - no error in trial court's interpretation of parties' settlement agreement
1304091 Steven Lawler v. City of Newport News Department of Human Services 12/08/2009
Trial court did not err in approving foster care plan and denying appellant's request for visitation with his child
1334092 Geoffrey Williams v. Virginia Employment Commission and Richmond City Public Schools 12/08/2009
Summary affirmance - trial court did not err in affirming VEC's decision that appellant was disqualified for unemployment compensation due to misconduct
1343094 Mario Buchanan v. Whitney Vukmanic 12/08/2009
Trial court did not err in denying appellant's petitions for genetic testing and visitation
1884082 Jeffrey Scott Carrowiano v. Commonwealth of Virginia 12/08/2009
No error in trial court's finding that evidence was sufficient to show that victim's ingestion of the methadone purchased from appellant was causally connected to victim's death
2403084 Tammy Jean Quesenberry v. Commonwealth of Virginia 12/08/2009
Trial court did not err in admitting the testimony of the expert witness who treated appellant in the emergency room about the dissimilar urine samples or in finding the evidence sufficient to support conviction of attempting to fraudulently obtain a controlled substance
2638084 Eric Santos James Oryem v. Commonwealth of Virginia 12/08/2009
No reversible error in trial court's denial of appellant's motion to suppress a key found in his jacket pocket
0622094 David B. Ritter v. Sharon Ritter 12/01/2009
Trial court did not err in striking appellant’s request for affirmative relief where the trial court had previously denied appellant’s motion to file a late cross-complaint and found appellant was attempting to circumvent the prior ruling
1004093 Shanina R. Horsley v. Lynchburg Division of Social Services 12/01/2009
Trial court did not err in terminating appellant’s parental rights to her children where it found appellant would not be able to remedy conditions that endangered the children and adequately care for them within a reasonable period of time
1131091 Julius A. Banks v. Eleanor Osamwonyi 12/01/2009
Summary affirmance – appellant’s issues regarding whether trial court erred in granting custody of his child to appellee, child’s grandmother, barred by Rule 5A:18
1264091 Debra Derr v. Virginia Beach Department of Human Services 12/01/2009
Summary affirmance – trial court did not err in ruling to change the goal for the foster care permanency plan to adoption or in terminating appellant’s visitation with her child
1310091 Oscar Derr v. Virginia Beach Department of Human Services 12/01/2009
Summary affirmance – trial court did not err in ruling to change the goal for the foster care permanency plan to adoption or in terminating appellant’s visitation with his child
1469092 Velma Shante Chambers Ayers v. Buckingham County Department of Social Services 12/01/2009
Summary affirmance – no error in trial court’s decision to approve the goal of adoption in the permanency planning order or in finding that evidence was clear and convincing that termination of appellant’s parental rights to her child was in child’s best interests
1724081 Hugh Lincoln Cordon, Jr. v. Commonwealth of Virginia 12/01/2009
Trial court did not err in finding evidence was sufficient to prove appellant was in constructive possession of cocaine found in his room and to infer guilt from appellant’s statements
2051082 David Edwin Saunders v. Commonwealth of Virginia 12/01/2009
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of burglary as a principal in the second degree
2671084 Mychael Jamal Palmer v. Commonwealth of Virginia 12/01/2009
Appellant’s conviction of receiving stolen property affirmed where evidence was sufficient to prove he knowingly received stolen property and issue of value of stolen video games precluded by Rule 5A:18
0166092 Francis Chester, Esq. v. Barry Wyatt Redifer, Cincinnati Indemnity Company, et al 11/24/2009
No error in commission’s finding that Redifer suffered a compensable neck injury, in declining to apply res judicata to dismiss claim against insurer, and in finding that insurer did not provide coverage for employer
0974092 Phanendharnadh L.N. Kone v. Virginia Department of State Police 11/24/2009
Summary affirmance – no error in trial court’s decision affirming hearing officer under grievance procedure for state employees and dismissing appellant’s appeal
1060094 William R. Murphy, Jr. v. Commonwealth of Virginia, Department of Social Services, et al 11/24/2009
Summary affirmance – no error in trial court’s rulings regarding child support arrearages and attorney’s fees to appellee
1626082 Nathaniel Fitchett, s/k/a Nathaniel Dwaine Fitchett v. Commonwealth of Virginia 11/24/2009
No error in trial court’s finding that evidence was sufficient to prove that appellant had specific intent to steal money and committed several overt acts in attempt to commit robbery
2809083 Patricia Ann Sommers Nervo v. Eugene Thomas Nervo 11/24/2009
Error in trial court’s interpretation of parties’ property settlement agreement where express terms of agreement conditioned appellant’s purchase of property and forfeiture of deposit upon appellant’s ability to obtain financing for purchase of property
0847082 Michael Fitzroy Crosby v. Commonwealth of Virginia 11/17/2009
Trial court did not err in denying appellant’s motion to suppress his post-Miranda statements as those statements were knowingly and voluntarily made
2658083 Karl Londell Martin v. Commonwealth of Virginia 11/17/2009
Evidence was sufficient for jury to find appellant guilty of burglary and abduction where jury viewed videotape, gun, and mask; conviction of use of firearm in commission of robbery reversed and dismissed where appellant was acquitted of robbery
3071083 Michael Anthony Levesque v. Commonwealth of Virginia 11/17/2009
No error in trial court’s finding that the evidence was sufficient to support appellant’s conviction of aggravated sexual battery where the trial court closely observed the witness’ demeanor and fully considered his credibility
0013094 Elaine May Hopkinson v. Colin Gary Hopkinson 11/10/2009
Trial court lacked authority to supercede the parties’ agreement on health insurance coverage and award attorney’s fees to appellee; trial court did not err in denying appellant’s amended motion for contempt
0908093 Lisa Seiwell v. Harrisonburg Rockingham Social Services District 11/10/2009
Trial court did not err in finding that termination of appellant’s parental rights to her son was in child’s best interests and that appellant was unwilling or unable to remedy conditions that brought child to foster care
0909093 Lisa Seiwell v. Harrisonburg Rockingham Social Services District 11/10/2009
Trial court did not err in finding that termination of appellant’s parental rights to her son was in child’s best interests and that appellant was unwilling or unable to remedy conditions that brought child to foster care
0922094 Jean Frances Krusell v. SaAd Abdulrazzak Al-Rayes 11/10/2009
Summary affirmance – no error in trial court’s order enjoining appellant from relocating with the parties’ children to Massachusetts
0967092 Charles Daniel Merritt v. Ebasco Construction, Inc., et. al. 11/10/2009
Commission did not err in denying appellant’s request for an increase in his permanent partial disability benefits where it determined that appellant had already received compensation equivalent to or greater than the statutory maximum
1253083 Devin Lamont Streater v. Commonwealth of Virginia 11/10/2009
Evidence was sufficient to prove that appellant possessed what appeared to be a firearm and shots were fired during the home invasion and was sufficient to support jury’s finding that appellant was a perpetrator in the home invasion; trial court did not abuse its discretion in excluding misidentifications that did not involve appellant
1650084 Waseem Ali v. Commonwealth of Virginia 11/10/2009
Appellant’s issue regarding whether he could be convicted for both robbery and grand larceny from the person barred by Rule 5A:18 and as appellant has not demonstrated affirmative proof of his innocence, Court declines to invoke ends of justice exception; trial court did not err in allowing prosecutor to cross-examine appellant regarding a prior conviction
2090083 Frank Dwain Vaught v. Commonwealth of Virginia 11/10/2009
No error in trial court’ finding that appellant acted with the specific intent to defraud when he signed the certificate of title as the buyer of the vehicle when he did not actually believe he was the buyer when he signed the title
2597081 Arnold Edwin Kee v. City of Hampton 11/10/2009
Trial court erred in finding evidence sufficient to support appellant’s conviction of obstruction of justice where there was no direct act by appellant to resist the officer and appellant merely made the investigation more difficult by failing to cooperate
3059083 Guy Anthony Banks, Jr. v. Commonwealth of Virginia 11/10/2009
Trial court did not err in denying motion to suppress evidence of firearm found in jacket where seizure of jacket was lawful under the Fourth Amendment as authorized by appellant’s consent
0290094 Gary M. Kotara v. Kathleen M. Kotara 11/03/2009
As order appealed from is neither a final order nor an appealable interlocutory order, Court does not have jurisdiction to hear appeal and it is dismissed
0401092 Michelle D. Mercurio v. Scott M. Mercurio 11/03/2009
Trial court did not err in awarding sole legal and physical custody of parties’ child to appellee where it found it was in best interests of child to remain with appellee
1451091 Commonwealth of Virginia v. Kyheim Delango Tucker 11/03/2009
Trial court did not err in granting motion to suppress appellee’s statements where the statements did not evince a knowing, intelligent, and voluntary waiver of appellee’s right to counsel
1476093 Chinar A. Kokoy v. Marshall's, Inc. and American Casualty Company of Reading, PA 11/03/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove she suffered a compensable injury by accident
1650091 Bryant Keith Winborne v. City of Portsmouth 11/03/2009
Summary affirmance – no error in commission’s finding that deputy commissioner did not err in dismissing appellant’s claims for failure to respond to discovery
2030083 Carl Anthony Fitzgerald v. Commonwealth of Virginia 11/03/2009
No error in trial court’s determination that no Fourth Amendment violation occurred and that the evidence was sufficient to prove appellant constructively possessed the firearms in the vehicle in which he was a passenger
2706082 John Edward Townsend v. Commonwealth of Virginia 11/03/2009
Trial court did not err in finding evidence excluded every reasonable hypothesis of innocence and proved appellant’s conviction of petit larceny as a third or subsequent offense beyond a reasonable doubt
2947083 Revera Leo Veney v. Commonwealth of Virginia 11/03/2009
Trial court did not abuse its discretion in admitting the testimony of two witnesses describing what they saw on a store surveillance videotape that was not admitted into evidence
0564091 Patricia Marie Angelo v. Stihl, Inc. and Hartford Casualty Insurance Company 10/27/2009
No error in commission’s finding that appellant failed to prove by a preponderance of the evidence that her injuries sustained while walking in employer’s parking lot on her way back to work after a break arose out of her employment
0624082 Fred Watkins Coles, Jr. v. Commonwealth of Virginia 10/27/2009
No error in appellant’s convictions of uttering and attempted grand larceny where appellant’s possession of forged check allows the inference that he knew check was forged; appellant’s rights under Due Process Clause were not violated where evidence connected permissive inference of guilty knowledge to possession of forged check
0720092 Derrell M. White v. Petersburg Department of Social Services 10/27/2009
Evidence was sufficient to prove termination of appellant’s parental rights was in child’s best interests without consideration of the alleged sexual misconduct by appellant, his refusal to participate in psychosexual evaluation or his assertion of his right to remain silent during the proceedings
0721092 Derrell M. White v. Petersburg Department of Social Services 10/27/2009
Evidence was sufficient to prove termination of appellant’s parental rights was in child’s best interests without consideration of the alleged sexual misconduct by appellant, his refusal to participate in psychosexual evaluation or his assertion of his right to remain silent during the proceedings
0722092 Derrell M. White v. Petersburg Department of Social Services 10/27/2009
Evidence was sufficient to prove termination of appellant’s parental rights was in child’s best interests without consideration of the alleged sexual misconduct by appellant, his refusal to participate in psychosexual evaluation or his assertion of his right to remain silent during the proceedings
1333091 Barbara J. Goodman v. Hoover Universal, Inc. and Ace American Insurance Company 10/27/2009
Summary affirmance – no error in commission’s finding that appellant failed to reasonably market her residual work capacity
1576084 John Richard Cardinal v. Commonwealth of Virginia 10/27/2009
Appellant’s argument on appeal regarding whether trial court abused its discretion in admitting a draft copy of promissory note under best evidence rule barred by Rule 5A:18 where alleged lack of a diligent search not timely raised in trial court
1910082 Johnnie Renard Gillison v. Commonwealth of Virginia 10/27/2009
Trial court erred in finding evidence sufficient to support convictions of statutory burglary as principal in second degree and petit larceny where evidence did not prove appellant shared the criminal intent of the principal to commit burglary or that items appellant helped carry were the items stolen from victim
2652082 William McCray Eley, Jr. v. Commonwealth of Virginia 10/27/2009
No error in appellant’s convictions of possession of a firearm after having been convicted of a felony where in addition to victims’ observations and testimony relating to the object appellant used to effect the robberies, victims provided additional details to show object appellant possessed was a firearm
2796082 Atoine J. DeSilva v. Commonwealth of Virginia 10/27/2009
Appellant’s convictions of attempted robbery and use of a firearm in commission of attempted robbery reversed and dismissed where evidence was not sufficient to prove that appellant intended to deprive victim of his personal property
0227084 Marc Joseph Stout v. Commonwealth of Virginia 10/20/2009
Trial court erred in denying motion to suppress insofar as the anonymous tip did not provide a sufficient basis to justify the police in detaining appellant and ordering him from the vehicle; as this evidence has no effect on conviction of possession of firearm by felon, that conviction is affirmed
0978093 Kiam Layne v. Christina M. Layne 10/20/2009
Summary affirmance – no error in trial court’s equitable distribution ruling finding appellee was entitled to one-half of the marital property equity in a condominium owned by appellant prior to the marriage and that appellant should pay appellee for his share of the appellee’s student loans that were marital property
1179093 Commonwealth of Virginia v. Johnny Lamont Venable, III 10/20/2009
Trial court erred under the facts of this case in holding appellee’s Sixth Amendment right to a speedy trial had been violated, matter remanded to trial court for further proceedings
1444084 Dean Thomas Bradley v. Commonwealth of Virginia 10/20/2009
Trial court did not violate appellant’s due process rights by denying appellant’s motion to dismiss, by refusing to allow appellant’s expert to testify as to the effects of Ambien on appellant, or in finding the evidence sufficient to prove the element of knowledge and that appellant committed hit and run
1522081 Clyde Mario Hall v. Commonwealth of Virginia 10/20/2009
Trial court did not err in denying appellant’s motion to dismiss the indictments on speedy trial grounds where indictments were tried within statutory speedy trial period; appellant’s constitutional speedy trial argument barred by Rule 5A:18
2347084 Roy Sudduth v. City of Alexandria Department of Human Services 10/20/2009
No error in trial court’s dismissal of appellant’s petition in that court for procedural defects; issue as to whether trial court erred by rendering a decision against him at a hearing he did not attend because he did not have proper notice mooted by the trial court’s granting of his request to rehear the matter
2348084 Roy Sudduth v. City of Alexandria Department of Human Services 10/20/2009
No error in trial court’s dismissal of appellant’s petition in that court for procedural defects; as no transcript or statement of facts of reconsideration hearing is part of record, issue as to whether trial court erred by refusing to accommodate his disability cannot be decided
2420082 Joseph Michael Wilson v. Commonwealth of Virginia 10/20/2009
No error in trial court’s conclusion that appellant planned to commit a robbery and use a firearm in the commission of that robbery and committed a direct but ineffectual act to accomplish the crime
2607082 Travis Whitley Pitt v. Commonwealth of Virginia 10/20/2009
No error in trial court’s finding that evidence was sufficient to prove appellant engaged in behavior about which victim testified and supported conviction of assault and battery of family or household member, third offense; argument on appeal regarding due process barred by Rule 5A:18
3074081 John K. Kablach v. Mary T. Kablach 10/20/2009
Summary affirmance – amended final decree of divorce affirmed as issues raised either require a transcript or statement of facts for determination or are not considered due to appellant’s failure to comply with Rule 5A:20(e)
0180092 Christa P. Lightburn v. Robert C. Lightburn 10/13/2009
Trial court erred in ruling that parties’ vehicles were appellee’s separate property; trial court did not err in its classification of other assets as appellee’s separate property, in its award of attorney’s fees to appellant, or in fashioning the spousal support award
0292094 Dennis John Kappeler v. Lorie Lyn Kappeler 10/13/2009
Trial court did not err in finding the pleadings legally sufficient or in modifying the prior child support award to include after school childcare costs
0805094 Cordelia Odocha v. Matt P. Sarago 10/13/2009
Summary affirmance – appellant’s issues regarding whether the trial court erred in granting appellee an annulment of their marriage are procedurally defaulted under Rule 5A:18 and 5A:20(e)
1132092 Teawanda Strother v. Petersburg Department of Social Services 10/13/2009
No error in the termination of appellant’s parental rights to her children where the trial court found clear and convincing evidence that appellant was unwilling or unable within a reasonable time to remedy substantially the conditions which led to the placement of the children in foster care
1294094 Melvine O. King v. Airlines Reporting Corp. and Federal Insurance Company 10/13/2009
Summary affirmance – no error in commission’s finding that appellant’s injury did not arise out of or in the course of her employment
1311092 Brian Todd Lancaster v. Fibercom, Inc. and Vigilant Insurance Co. 10/13/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove a causal relation between his 1991 accidental injury and his 2008 medical condition and treatment
0213094 Thomas J. Dougherty v. Sharon M. Dougherty 10/06/2009
Trial court did not err in modifying final decree of divorce to reclassify two of appellant’s partnerships as marital, in adopting opinion of appellee’s expert as to value, and in not adopting opinion of appellant’s expert as to value
0552091 Elizabeth McGee v. Newport News Department of Human Services 10/06/2009
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children where appellant did not show signs of improvement to offer children stability they need
0615091 Thomas Copeland v. Newport News Department of Human Services 10/06/2009
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children where appellant did not show signs of improvement to offer children stability they need
0755082 Donta Lamark Foster v. Commonwealth of Virginia 10/06/2009
Trial court did not err in sustaining Commonwealth’s Batson challenge to juror and reseating juror and in finding it could not consider appellant’s additional statements as to why juror should have been struck after it reseated juror; argument to disqualify juror for cause barred by Rule 5A:18
1108081 Arthur Martinez Woodson v. Commonwealth of Virginia 10/06/2009
Trial court did not err in denying motion to suppress where officers did not conduct a visual body cavity search, in finding evidence sufficient to prove appellant intended to distribute the cocaine, and in finding appellant had been convicted on two prior occasions of distribution of controlled substance
1169082 David C. Gilliam, III v. Commonwealth of Virginia 10/06/2009
Appellant’s convictions affirmed where he failed to comply with Rules of Court and failed to timely file transcript of voir dire hearing
1216094 Jose Berto Darley v. Elicia Patricia Darley 10/06/2009
Summary affirmance – no error in final decree of divorce awarding appellee spousal support and awarding appellee fifty percent of appellant’s military retirement pay
1324094 Richard Edwin Brown v. Koons Ford Body Shop and Penn National Security Insurance Company 10/06/2009
Summary affirmance – no error in commission’s finding that appellant’s injury did not arise out of his employment
3102082 Plant Partners and et. al. v. Sheila A. Pittma 10/06/2009
Commission’s award of temporary partial disability benefits to appellee was not predicated upon evidence introduced or appearing in proceeding; matter remanded to commission to determine whether appellee made any efforts to market her residual work capacity
0291094 Isidoro R. Rodriguez v. Virginia Employment Commission 09/29/2009
Trial court did not err in affirming decision of appellee that appellant was discharged for misconduct connected with work and that denied appellant’s claim for unemployment compensation benefits
0380094 Ann Dollard v. Virginia Employment Commission 09/29/2009
Summary affirmance – trial court did not err in affirming decision of appellee denying her request to reopen the Appeals Examiner’s hearing, affirming the monetary determination of the Deputy, and finding the effective date of the claim
0463091 Transit Management Company and et. al. v. Cynthia Matthews Williams 09/29/2009
Commission did not err in reinstating prior award of temporary total disability compensation to appellee where commission found appellee committed no constructive fraud and resolved issues in favor of appellee
0914093 Tiffany Spears v. Roanoke City Department of Social Services 09/29/2009
Trial court did not err in terminating appellant’s parental rights to her child where evidence supported termination under Code § 16.1-283(E); we need not consider whether termination was proper under alternate subsections
0934094 Rebecca C. Cubbage v. Wal-Mart Stores, Inc. and et. al. 09/29/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove an injury by accident arising out of and in the course of her employment
1149093 Brenda Lee Weidner v. Wal-Mart Stores, Inc. and et. al. 09/29/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove she was entitled to an award for permanent partial impairment of her lower right extremity
1249082 Dominique Warren Coleman v. Commonwealth of Virginia 09/29/2009
Trial court did not err in denying appellant’s motion to suppress evidence of marijuana found in his vehicle during a traffic stop where appellant was not unlawfully seized and officer does not violate Fourth Amendment rights when a traffic stop is extended by a brief, incremental delay caused by asking questions unrelated to the traffic stop
1646082 Fabian Fernando Lawrence v. Commonwealth of Virginia 09/29/2009
Trial court erred in admitting on cross-examination evidence of the nature of appellant’s prior conviction without limitation; as that error was not harmless, conviction reversed and matter remanded to trial court for a new trial if the Commonwealth be so advised
1824081 James Edward Lee Morris v. Commonwealth of Virginia 09/29/2009
No error in trial court’s finding that as appellant admitted that the backpack and mail inside were his and bag smelled of marijuana, there is ample support for reasonable inference that appellant was aware of other contents of bag, including the firearm, and that it was subject to his dominion and control
2602081 Maryann McNeil v. Commonwealth of Virginia 09/29/2009
No error in trial court’s refusal to allow appellant to serve the mandatory 90-day sentence for her felony driving under the influence of alcohol, third offense, conviction on electronic home monitoring
2700082 Terry M. Tate v. Sharon E. Tate 09/29/2009
Trial court did not err in imputing income to appellant in its award of spousal support to appellee
2736081 Graham D. Tolley v. Linda Tolley 09/29/2009
No error in trial court’s finding that the evidence presented at trial did not prove appellee was cohabitating with another in a relationship analogous to marriage in violation of the parties’ divorce decree
2892081 Mark Allen Cratch, Jr. v. Commonwealth of Virginia 09/29/2009
Evidence was sufficient to prove appellant possessed entire amount, over one-half ounce, of marijuana with intent to distribute; whether appellant intended to give prostitute more than one-half ounce of the marijuana irrelevant
2904082 Family Dollar Stores, Inc. and et. al. v. Jacquelyn Denise Hundley 09/29/2009
Commission erred in reaching the issue of whether appellee’s neck injury was a compensable consequence of her shoulder injury because appellants received insufficient notice of the commission’s intent to consider this issue and had no opportunity to present evidence on this issue
0660094 Asli Everett v. Ronald James Everett 09/22/2009
Summary affirmance – no error in trial court’s interpretation of the parties’ property settlement agreement; trial court did not err in its attorney’s fees award
1010094 Bernard Luigi Dinicola, Jr. v. Target Corporation 09/22/2009
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by the doctrine of res judicata
1134084 James E. Phifer, Jr. v. Commonwealth of Virginia, Department of Social Services, et. al. 09/22/2009
Trial court’s decision to register a foreign judgment reversed and vacated as appellant was denied his constitutional right to due process
1348081 Tanika L. Durand v. Commonwealth of Virginia 09/22/2009
Trial court did not err in denying the motion to suppress appellant’s statements as appellant was not in custody at the time she made the incriminating statements; trial court did not err in denying the motion to strike the charge of murder to voluntary manslaughter; appellant’s argument that the evidence was not sufficient to corroborate her confession was not properly preserved for appeal
1353082 Terry Montain Miller v. Commonwealth of Virginia 09/22/2009
This Court holds appellant failed to present an adequate record from which it might determine whether the trial court erred in denying appellant’s challenge to the racial composition of the jury; Court also holds that appellant waived his right to confront preparer of ballistics certificate or, if right was not waived, any error in admitting certificate was harmless; convictions affirmed
2289081 Delano Jarrell Drew v. Commonwealth of Virginia 09/22/2009
No error in trial court’s finding evidence sufficient to support appellant’s conviction for attempted robbery; Rule 5A:18 bars consideration of whether appellant’s hearsay objection should apply to his convictions for use of a firearm during the commission of a felony and for conspiracy
2807081 Kerel Maurice Bell v. Commonwealth of Virginia 09/22/2009
Trial court did not err in denying appellant’s motion to suppress where evidence supports finding that no strip search occurred
2829083 Jessica Fortuna v. Harrisonburg/Rockingham Social Services District 09/22/2009
Trial court did not err in finding that clear and convincing evidence proved the best interests of appellant’s child would be served by terminating appellant’s parental rights to her child
2864082 Emmett Thomas Newcomb v. Commonwealth of Virginia 09/22/2009
No error in trial court’s finding evidence sufficient to support appellant’s conviction for driving while intoxicated
3031082 Keith Lamont Mack v. Commonwealth of Virginia 09/22/2009
Trial court did not abuse its discretion by denying appellant’s motion to withdraw his guilty plea as appellant failed to establish a good-faith basis for seeking to withdraw his guilty plea
0430094 Mehboob Ahmed, M.D. v. Virginia board of Medicine 09/15/2009
Summary affirmance – issues raised by appellant waived for failure to comply with Rule 5A:20(c), (d), and (e) and Court finds that the failure to comply is significant
0601093 Theodore Clayton Francisco v. Roanoke City Department of Social Services 09/15/2009
Trial court did not err in changing the goal in the foster care plan regarding appellant’s children from return home to adoption where appellee proved by a preponderance of the evidence that the change in goal was in children’s best interests and no evidence showed appellant would now comply with the requirements of the care plan
0918093 Mohammed Amin Serdah v. Judy Williams Serdah 09/15/2009
Summary affirmance – trial court’s order awarding sole physical custody of parties’ child to appellee affirmed
0951094 Stephen B. Lane v. Robin B. Lane 09/15/2009
Summary affirmance – no error in trial court’s order denying appellant’s motion to modify spousal support award to appellee
1082094 Monroe Edward Alger v. Dynalectric Company and et. al. 09/15/2009
Summary affirmance – no error in commission’s finding that appellant was not entitled to disability benefits for a specified period of time as appellant failed to establish temporary total disability during that time
1148092 Gilbert Dennis Macdonald v. Drivetime Automotive Group, Inc. and et. al. 09/15/2009
Summary affirmance – no error in commission’s finding that appellant failed to give timely notice of his accident and that appellees were prejudiced by that untimely notice
1632084 Daniel J. Christovich v. Rebeccah L. Christovich 09/15/2009
Trial court did not err in denying appellant’s petitions to change the custody and visitation arrangements with the parties’ children
1926084 Joann Williams v. Commonwealth of Virginia 09/15/2009
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of felony neglect of an incapacitated adult where appellant was a responsible person under Code § 18.2-369 and she neglected the victim
1960074 Brian Conley Cable v. Commonwealth of Virginia 09/15/2009
Appellant failed to make a proper proffer of the expected answers from the witnesses regarding whether trial court erred by prohibiting him from attempting to impeach victim and her mother on issues appellant claims concerned their motive to fabricate the allegation of aggravated sexual battery
2010082 Cynthia Cenarice Thornton v. Commonwealth of Virginia 09/15/2009
Appellant’s issues raised on appeal regarding sufficiency of evidence to support conviction of felony child neglect barred by Rule 5A:18 and Court finds ends of justice exception does not apply to allow consideration of issues on the merits
0124094 Uninsured Employer's Fund v. Frederica Wiredu 09/08/2009
Commission did not err in finding doctor who started treating appellee was an authorized treating physician or in finding evidence was sufficient to support an award of temporary total disability benefits to appellee
0355093 Melinda Sponaugle-Cantrell v. Wise County Department of Social Services 09/08/2009
Trial court did not err in finding that clear and convincing evidence proved termination of appellant’s parental rights to her children was in their best interests and that appellant was unwilling or unable within a reasonable amount of time to remedy conditions that brought children to foster care
0617094 Gary L. Poehler v. P. J. Dick, Inc. and American Zurich Insurance Company 09/08/2009
Summary affirmance – no error in commission’s decision that appellant unjustifiably refused a bona fide offer of light-duty employment
0681094 Abdel Khalik Al-Mashandani v. Coca Cola Enterprises, Inc. and Cigna Fire Underwriters Insurance Co. 09/08/2009
Commission did not err in finding appellant’s medical records failed to sufficiently document that appellant suffered a back injury as a result of his workplace injury, that he suffered an abdominal contusion rather than a serious abdominal injury, and that he was not entitled to wage loss benefits because he did not market his residual work capacity
0953094 County of Arlington and County of Arlington/PMA Management Corp. v. Alexandria Frerotte 09/08/2009
Summary affirmance – no error in commission’s finding that appellee sustained an injury by accident arising out of her employment
1033082 Eric Lamont Cameron v. Commonwealth of Virginia 09/08/2009
As appellant cannot show that a miscarriage of justice occurred, Rule 5A:18 bars Court’s consideration of issues relating to the erroneous jury instruction, the sufficiency of the evidence, and the denial of the motion to set aside the verdict
1085084 Elizabeth A. Haring v. Michael J. Hackmer 09/08/2009
Trial court did not err in its resolution of the factual disputes regarding whether a material change in circumstances occurred and after making that determination, denying the motion to modify custody of the parties’ child
2905083 The Goodyear Tire & Rubber Co. and Liberty Insurance Corp. v. Troy Calvin Mendenall, III 09/08/2009
Commission did not err by excluding weeks appellee was on strike from employment in calculating his pre-injury average weekly wage
0173082 Eric Douglas Rose v. Commonwealth of Virginia 09/01/2009
Trial court did not err in finding evidence sufficient to support convictions of object sexual penetration and aggravated sexual battery based upon testimony of victim; trial court properly weighed inconsistencies of victim’s statements but still found victim credible
0305093 Kelli Davidson v. Roger Brian Davidson 09/01/2009
Summary affirmance – no error in trial court’s ruling granting appellee’s motion to strike and denying appellant visitation with her stepdaughter
0320093 Shameca Jackson v. Roanoke City Department of Social Services 09/01/2009
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children where appellant was not able to meet requirements and while appellant tried to remedy her problems, there was no reasonable expectation of sufficient improvement to a level that would enable her to be a fit parent
0466093 Barbara Ann Bright v. Norton Community Hospital, Inc. and Old Republic Insurance Company 09/01/2009
Summary affirmance – no error in commission’s finding that appellant’s due process rights were not violated by not allowing an evidentiary hearing, that res judicata barred her claim, and that her neck injury was not related to her original injury
0568094 Walter J. Booker, Sr. v. Kenan Advantage Group, Inc. and American Zurich Insurance Company 09/01/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove his need for unicondylar knee replacement was causally related to his work-related injury
0793093 Robert Jackson, Sr. v. Roanoke City Department of Social Services 09/01/2009
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children where appellant was not able to meet requirements and had not improved his situation substantially either because he was unwilling or unable to correct issues
0804094 American Red Cross v. Kaushlya Verma 09/01/2009
Summary affirmance – no error in commission’s finding that appellee was entitled to receive ongoing temporary total disability benefits as there was no unjustified refusal to attend an employer-scheduled independent medical evaluation
1023092 Adevija Jusic v. Captive Plastics, Inc. and Liberty Mutual Insurance Company 09/01/2009
Summary affirmance – commission did not err in denying appellant’s claim for benefits where she failed to prove an injury by accident arising out of her employment on either date
1481082 Iain Gainov v. Commonwealth of Virginia 09/01/2009
Trial court did not err in finding evidence sufficient to support conviction of felony child neglect where appellant acted in a willful manner with full knowledge of the consequences of his actionswith a bad purpose and without justifiable excuse; issue regarding expert testimony barred by Rule 5A:18
2954064 John Joseph Rogers v. Commonwealth of Virginia 09/01/2009
Trial court did not err in denying motion to strike jury panel where appellant cannot establish either an irregularity in the jury selection process or violation of his right to a jury selected from cross-section of community, in refusing to exclude particular juror; jury questionnaires not made a part of record for jurors who did not serve did not preclude appellate review of jury issue
0130083 Melvin Jamar Walker v. Commonwealth of Virginia 08/25/2009
Trial court did not err in refusing to instruct jury on lesser-included offense of voluntary manslaughter where evidence did not support the giving of such instruction; convictions of second-degree murder and use of a firearm in commission of felony affirmed
0577082 Christopher David Weisel v. Commonwealth of Virginia 08/25/2009
Trial court did not err in denying appellant’s motion to suppress the victim’s photo identifications of appellant; evidence was sufficient to prove appellant was the person who committed the aggravated sexual battery of the victim
1388083 Timothy Rife v. Commonwealth of Virginia 08/25/2009
Trial court did not err in imposing a term of probation exceeding the suspended portion of appellant’s sentence
2111084 Antonio Keith Lappegard v. Commonwealth of Virginia 08/25/2009
Trial court did not err in denying appellant’s motion to dismiss on double jeopardy grounds where appellant was prosecuted for two separate transactions that occurred on same day
2112084 Andre A. Ovissi v. Roshanak Salemi 08/25/2009
Error in lump sum award in final divorce decree; matter remanded to trial court to assign values to the amount of attorney’s fess and other unknown expenditures made by appellant and if made for a valid purpose, modify the lump sum award to appellee
2914074 Steven S. Martin v. Commonwealth of Virginia 08/25/2009
No error in appellant’s conviction of aggravated sexual battery; trial court did not err in revoking appellant’s probation for a prior conviction based in part on this conviction
0096091 Ricky E. Carr v. Joanne Carr 08/18/2009
Summary affirmance – no error in trial court’s denial of appellant’s motion to reduce his spousal support obligation
0261092 Calvin Libron, III v. Tamara Branch 08/18/2009
Summary affirmance – no error in trial court’s custody and visitation order
0657083 Sixto Lopez Laines, s/k/a Sixtoe Lopez Laines v. Commonwealth of Virginia 08/18/2009
Evidence was sufficient to support appellant’s convictions of twelve counts of sodomy, seven counts of object sexual penetration, and six counts of rape
1016094 William John Peterson v. William Peterson and Companion Property & Casualty Insurance Company 08/18/2009
Summary affirmance – no error in commission’s refusal to assess sanctions against the insurer for its denial of diagnostic medical testing
2837073 Daniel Weeks, s/k/a Daniel Eugene Weeks v. Commonwealth of Virginia 08/18/2009
Trial court did not err in denying appellant’s motion to strike two prospective jurors for cause based on their statements during voir dire where their statements, after reviewing the entire voir dire, were not impermissibly biased in favor of police testimony and no issue of witness credibility involving officer was ever put to jury
2862082 Danville Regional Medical Center, et. al v. Virginia Birth-Related Neurological Injury, et. al 08/18/2009
No error in commission’s decision denying admission of child into program where commission’s refusal to apply the missing evidence inference had no impact on its decision and commission relied on credible evidence when it rejected appellants’ causation theory
3007084 Gerri Paige Butterman v. Alexander Herbert Butterman 08/18/2009
No error in trial court’s order granting sole legal and physical custody of parties’ children to appellee, limiting spousal support to appellant, and apportioning debts related to children’s therapy equally between the parties
0505092 Lora Lynn Stout v. Clair Rex Stout 08/11/2009
Summary affirmance – no error in trial court’s findings regarding equitable distribution, spousal support, and attorney’s fees to appellant
0833081 Paul Winston Tye v. Sandra Harrison Tye 08/11/2009
Trial court did not abuse its discretion in denying appellant’s continuance motion on the morning of the trial or in awarding appellee 65% of the proceeds from the marital residence
0894082 Dante Lamont Lewis v. Commonwealth of Virginia 08/11/2009
Trial court did not err in denying appellant’s motion to suppress his statements where appellant’s waiver was knowing and intelligent and his confession was freely and voluntarily given
1774074 Shirley Anne Newman v. Commonwealth of Virginia 08/11/2009
Trial court did not abuse its discretion in admitting certificate of analysis or in accepting Commonwealth’s evidence and rejecting appellant’s evidence; conviction of driving under the influence affirmed
2770084 Delores Gaston v. Yuill Black, M.D. and Michael R. Kletz, M.D., P.C., et. al. 08/11/2009
No error in commission’s finding that appellant’s injury was not compensable
0416093 Commonwealth of Virginia v. Justin Marcus Calloway 08/04/2009
Trial court erred in granting appellee’s motion to suppress where officer had reasonable, articulable suspicion to detain appellee to maintain the status quo momentarily while obtaining more information as to whether appellee was involved in the activity that led to the shots-fired call to which the officer was responding
0679092 John H. Lott, Jr. v. ROI Opportunities for Seniors Corporation and Twin City Fire Insurance Company 08/04/2009
Summary affirmance – commission did not err in finding appellant failed to prove he suffered an injury arising out of his employment
1443084 Dean Thomas Bradley v. Commonwealth of Virginia 08/04/2009
Trial court did not err in rejecting appellant’s involuntary consciousness defense or in finding a sufficient independent basis to determine that appellant was intoxicated while driving
1697084 Dolores Davis v. County of Fairfax 08/04/2009
Trial court did not err in finding that appellee properly refilled its petition in district court and that the timing of the refilling was not fatal to the district court’s acquisition of jurisdiction; appellant was not entitled to constitutional protections against double jeopardy; evidence sufficient to support seizure of her pets and finding that she was unfit to own pets
2186081 Brian McClean Clugston v. Commonwealth of Virginia 08/04/2009
Trial court erred in conducting a plenary criminal contempt hearing without affording appellant his procedural process protections; conviction of criminal contempt reversed and vacated
0072082 Lawrence Bartleson Palmer v. Commonwealth of Virginia 07/28/2009
Trial court did not err in denying appellant’s motions to reconsider where appellant court have, and did, obtain evidence regarding witness’ character and reputation prior to trial; no Brady violation where witness’ convictions at issue would not have been admissible to impeach her testimony at trial
0313082 Christopher Carl Adkins v. Commonwealth of Virginia 07/28/2009
No error in appellant’s conviction of possession with intent to distribute cocaine where evidence was sufficient to support finding that appellant had knowledge of the crack cocaine in the small motel room and exercised dominion and control over it
0551092 Commonwealthof Virginia v. John Allan Clements 07/28/2009
Trial court erred in granting motion to suppress evidence seized pursuant to a search warrant where, even assuming affidavit was insufficient, the evidence was sufficient to establish the requisite basis for applying the good faith exception to the exclusionary rule
0587093 Claude Roger Sparks v. Lionberger Construction Company, et al 07/28/2009
Summary affirmance – no error in commission’s finding that appellant failed to establish whether an October 3, 2006 or October 11, 2006 incident caused a rotator cuff tear and necessitated subsequent surgery
0630084 John Henry Bufford, III v. Commonwealth of Virginia 07/28/2009
Trial court did not err in failing to strike challenged juror for cause, admitting a statement appellant made at magistrate’s office ninety minutes after the altercation, denying his proffered instructions on self-defense, illegal arrest, and excessive use of force, or concluding evidence was sufficient to support his conviction of disarming an officer
1550081 Mandiaye M. Sene v. Commonwealth of Virginia 07/28/2009
Trial court did not err in refusing to allow appellant to withdraw his guilty plea to rape after sentencing or in denying appellant’s request for bail pending appeal
1949072 Lawrence Bartleson Palmer v. Commonwealth of Virginia 07/28/2009
Trial court did not err in denying appellant’s motions to reconsider where appellant court have, and did, obtain evidence regarding witness’ character and reputation prior to trial; no Brady violation where witness’ convictions at issue would not have been admissible to impeach her testimony at trial
0210094 Angela Goree v. Culpeper County Department of Social Services 07/21/2009
No error in termination of appellant’s parental rights to her child where record supports finding that reasonable and appropriate efforts were made to communicate with appellant and to strengthen the parent-child relationship; no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interests
0390092 Commonwealth of Virginia v. Eddie James Edwards 07/21/2009
Trial court’s suppression of appellant’s statement reversed where, while appellant did unequivocally invoke his right to counsel, appellant later reinitiated communication with the police and properly waived his Miranda rights
0905081 John Bolero Latel Banks v. Commonwealth of Virginia 07/21/2009
Trial court did not err in denying appellant’s motion to suppress where the police possessed leads making the discovery of the evidence inevitable
1176082 Dennis F. Williams v. Linda Lou Williams 07/21/2009
Trial court’s denial of appellant’s motion to reduce spousal support reversed where appellant established substantial changes in appellee’s financial needs; remanded to trial court to determine whether those changes warrant a modification of support; award of attorney’s fees to appellee reversed where award was contrary to parties’ settlement agreement
1359084 Dwayne Sheldon Rhoades v. Commonwealth of Virginia 07/21/2009
Trial court did not err in refusing appellant’s motion to suppress where evidence showed appellant did not submit to officer’s show of authority until after appellant committed a traffic offense which gave officer sufficient reasonable suspicion to justify stop of appellant
1745084 Mansour Salahmand, s/k/a Mansour Salhmond v. Commonwealth of Virginia 07/21/2009
Appellant waived his right to challenge the admissibility of the criminal complaint as substantive evidence against him where appellant offered the warrant and complaint into evidence without any limitation; evidence was sufficient to support finding appellant maliciously wounded his wife
1813081 Monae Chanta Savage, s/k/a Mona Chanta Savage v. Commonwealth of Virginia 07/21/2009
No error in appellant’s conviction of reckless driving where the omission of pacing from the methods for determining speed that are enumerated in Code § 46.2-882 does not in any way invalidate it as an appropriate means of proving speed of a vehicle
2443074 Tina Marie Juliano, a/k/a Christina Marie Juliano v. Commonwealth of Virginia 07/21/2009
Trial court did not err in refusing appellant’s proffered instruction on petit larceny as a lesser-included offense of grand larceny where there was not a scintilla of affirmative evidence to support the instruction
2452082 Ronnie Darin Watson v. Mironda Baker Watson 07/21/2009
Trial court did not abuse its discretion in ordering appellant to designate child of parties as a beneficiary of all or part of his existing life insurance policy; record on appeal does not contain order denying appellant’s motion to rehear and even if Court assumes trial court denied motion, there is no explanation as to why trial court did so in record
2660073 Eugene Word v. Commonwealth of Virginia 07/21/2009
Appellant’s convictions of thirteen counts of forge public documents affirmed where evidence proves documents signed were public records and appellant had intent to forge when he signed name on documents; one conviction reversed and dismissed where document at issue was not prepared in connection with a legitimate legal proceeding
0893082 Antonio Ewall Thompson v. Commonwealth of Virginia 07/14/2009
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where appellant did not establish a good faith reason to withdraw the plea
1192084 Richard Wayne Sears v. Commonwealth of Virginia 07/14/2009
Trial court did not err in denying motion for continuance to obtain presence of missing witness where appellant did not exercise due diligence to obtain presence of missing witness and appellant failed to establish that the witness’ testimony was material and he was prejudiced by witness’ absence; appellant’s confession was sufficiently corroborated
1231084 Marcus E. Jackson, s/k/a Marcus Edward Jackson v. Commonwealth of Virginia 07/14/2009
Trial court did not abuse its discretion in failing to grant a further continuance of the sentencing hearing based on appellant’s request that the trial court defer its finding of guilt where appellant had entered a guilty plea in accordance with a plea agreement
1310083 George Leon Phelps, Jr. v. Commonwealth of Virginia 07/14/2009
Trial court did not err in denying appellant’s motion to suppress where officer’s alleged illegal entry into residence did not contribute to eventual discovery of cocaine or in finding evidence was sufficient to show appellant had constructive possession of cocaine found in residence and that he possessed cocaine with intent to distribute it
1482082 William Lee Scott v. Commonwealth of Virginia 07/14/2009
Decision of affirmed upon rehearing en banc
1829081 Shaun Neil Marshall v. Commonwealth of Virginia 07/14/2009
Trial court did not err in finding evidence was sufficient to support convictions of statutory burglary and grand larceny where trial court rejected appellant’s explanation of how he obtained recent possession of the stolen property
2025081 Andrew Jerome Brooks, Jr. v. Commonwealth of Virginia 07/14/2009
No error in trial court’s finding that appellant was aware of, had control of, and consciously possessed the fourteen capsules of heroin located in the open ashtray of his vehicle of which he was the sole occupant; appellant’s conviction of possession of heroin with intent to distribute affirmed
2133081 Joyce W. Offield v. Virginia Employment Commission, Stone Container Corporation, et. al. 07/14/2009
No error in trial court’s affirmance of VEC’s decision that she was disqualified from unemployment compensation benefits where Lumber Liquidators was properly a party to the agency proceedings and had standing to appeal the deputy’s determination
2160081 Rufus Dennis Little v. Commonwealth of Virginia 07/14/2009
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of possession of cocaine where evidence proved he possessed the cocaine found in his bedroom
2162081 William Geroid Reid v. Commonwealth of Virginia 07/14/2009
Trial court’s error in admitting evidence that appellant was offered a preliminary breath test and a post-arrest breath test harmless where there was overwhelming evidence that appellant drove while intoxicated
2356083 Lori A. Davidson v. Jackie Lewis Davidson 07/14/2009
Trial court erred in denying appellant’s annulment petition where the bigamous marriage was void ab initio; matter remanded to trial court to grant petition
2549081 Michael Georgian Thompson v. Commonwealth of Virginia 07/14/2009
Trial court did not err in admitting orders from another jurisdiction that it found had been properly authenticated and receiving them as evidence that appellant had been convicted of another offense while on probation; revocation of appellant’s probation affirmed
0160092 Mack's Construction Company, Inc. and Cincinnati Casualty Company v. John Robert Wilburn, Jr. 07/07/2009
Summary affirmance – no error in commission’s finding appellee proved a change in condition and the condition was causally related to his injury
0246094 Ben K. Gavie v. Virginia Employment Commission and AGC Field Operations, LLC 07/07/2009
Summary affirmance – no error in trial court’s decision affirming a decision by the Virginia Employment Commission disqualifying appellant for unemployment compensation due to misconduct
1462083 Judith Anthony Brumfield v. Commonwealth of Virginia 07/07/2009
Issue of whether appellant be permitted to serve the remainder of her sentence under the Department of Corrections home electronic incarceration program is moot as appellant has completed serving the active portion of her sentence; appeal dismissed as moot
2105082 Virginia Property and Casualty Insurance Guaranty Association v. Nancy Johnson Miller 07/07/2009
Commission’s August 5, 2008 opinion assessing sanctions against appellant and its August 21, 2008 order denying appellant’s motion to vacate and reconsider the August 5, 2008 opinion are affirmed; matter remanded
2689083 Ray Eugene Worley v. Carol Jean Worley 07/07/2009
Summary affirmance – trial court did not err in its valuation of certain marital property and in determining the spousal support award
2956081 William F. Harber v. Charlene M. Harber 07/07/2009
Summary affirmance – no error in trial court’s award of spousal support to appellee; this Court finds that the trial court did not impute income to appellant; appellee’s request for appellate attorney’s fees and costs granted; matter remanded
0360094 Victor Perez-Velasquez v. Culpeper County Department of Social Services 06/30/2009
Trial court did not err in terminating appellant’s parental rights pursuant to Code Section 16.1-283(C), determining that CDSS included appellant in the development of the foster care plan, holding that CDSS gave appellant sufficient notice, finding that appellant failed to maintain contact with the children, and determining appellant did not substantially plan for the future of the children
1237074 Joseph Donald Oliver v. Commonwealth of Virginia 06/30/2009
Trial court did not err in denying appellant’s motion to suppress statements he made to officers where trial court found appellant’s waiver of his rights was knowing and voluntary; exclusion of appellant’s expert testimony did not prevent appellant from receiving a fair trial
2020084 Manuelm E. Nunez v. Sonia Nunez 06/30/2009
Trial court did not abuse its discretion in determining that the material change in circumstance did not warrant a modification of the spousal support award to appellee, in awarding attorneys’ fees and costs to appellee, and in refusing to award attorney’s fees and costs to appellant
2138074 Tameka Waddy v. Commonwealth of Virginia 06/30/2009
Appeal is dismissed as moot as appellant has not made a showing that she will again be subjected to post-release supervision upon a sentence of less than six months for a felony conviction
0060092 Sherry Wright Harlow v. Louisa County Department of Social Services 06/23/2009
No error in trial court’s finding that clear and convincing evidence proved the best interest of appellant’s children would be served by terminating appellant’s parental rights to her children
0066094 Sevim McShane v. Raymond Gerard McShane 06/23/2009
Summary affirmance – appellant’s arguments regarding the spousal support ruling in the final decree are barred by Rule 5A:18
0308094 United Parcel Service, Inc. and Liberty Mutual Fire Insurance Company v. George Constantine Giatas 06/23/2009
Summary affirmance – no error in commission’s finding that the medical records support a causal relationship between the disability and the compensable injury and that appellee proved additional temporary total disability
1157084 Douglas B. Harding, Jr. v. Sara K. Harding 06/23/2009
Trial court did not abuse its discretion in finding appellant’s move constituted a material change in circumstance warranting modification of visitation, in modifying the child support obligations, in relieving appellee of her duty to provide appellant with copies of the children’s records, or in ordering appellee to reimburse appellant agreed amount of medical expenses
1561082 R K Enterprises, Inc., T/A Goldies Convenience Store v. Virginia Alcoholic Beverage Control Board 06/23/2009
Trial court did not err in upholding appellee’s decision to suspend appellant’s license to purchase and sell alcoholic beverages where appellee’s decision was supported by substantial evidence that appellant sold an alcoholic beverage to someone intoxicated at the time of the sale or appellant had reason to know that the person was intoxicated
1800084 Debra Ann Vitus v. Jon Thomas Dega 06/23/2009
Appellant’s issue regarding the determination of both child support and spousal support is barred by Rule 5A:18
1831084 Jon Thomas Dega v. Debra Ann Vitus 06/23/2009
Trial court did not abuse its discretion in setting the amount of the spousal support award to appellee
1923084 Quiana Summers v. Alexandria Department of Human Services 06/23/2009
Trial court did not err in terminating appellant’s parental rights to her children and approving the goal of adoption for them; nothing in record shows trial court did not consider granting custody of children to a relative prior to terminating appellant’s parental rights
2067082 Mirant Potomac River, LLC v. Commonwealth of Virginia, State Air Pollution Control Board 06/23/2009
Trial court erred in dismissing appellant’s petition challenging the validity of 9 VAC § 5-140-1061; as Board exceeded its statutory authority by adopting that regulation, the matter is reversed and remanded to the trial court to vacate the regulation and remand to the Board for further proceedings consistent with Code § 10.1-1328(A)(5)
2850084 John Walker-Bey v. Fairfax County Department of Family Services 06/23/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to prove appellant was unwilling or unable within a reasonable period of time to remedy the conditions leading to his child’s placement in foster care and in terminating appellant’s parental rights to his child
0024081 Clarence M. Bowser v. Sheila B. Guenard 06/16/2009
Judgment of trial court summarily affirmed in part, dismissed in part without prejudice, and transferred to Supreme Court in part
0144093 Commonwealth of Virginia v. Thomas Jeray Hall 06/16/2009
Trial court erred in finding checkpoint was improperly established as patrol supervisor and officers conducting stops had limited, supervised discretion; order granting motion to suppress reversed and matter remanded to trial court for trial on merits
0924082 Kenneth Lee Smith v. Commonwealth of Virginia 06/16/2009
Trial court did not err in denying appellant’s motion to dismiss for speedy trial violation where appellant’s counsel either acquiesced or agreed to continuances and setting of trial date outside speedy trial parameters; trial court did not err in denying motion to suppress evidence obtained as result of an anonymous tip
1546084 Ajai Kumar Sandhir v. Neeta Ahuja-Sandhir 06/16/2009
Summary affirmance – trial court’s order modifying visitation is affirmed
2335083 William Rose v. Roanoke City Department of Social Services 06/16/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his three children and that termination of appellant’s rights was in children’s best interests
2927083 Richard G. Coleman v. Susan Claire Hogan 06/16/2009
Summary affirmance – trial court did not err in dismissing proceeding filed by appellant where appellant’s failure to timely note his appeal from the juvenile and domestic relations court was
2973074 Jamal Mahmoudzedeh, s/k/a Jamal Mahmoudzadeh v. Commonwealth of Virginia 06/16/2009
Any error by trial court in precluding appellant from inquiring of his witnesses what they thought concerning age of victim is harmless where appellant told officer he believed victim was fourteen or fifteen; convictions of computer solicitation of minor and attempted indecent liberties affirmed
3035084 Karen A. DeLuca v. Denis Katchmeric 06/16/2009
Summary affirmance – no error in trial court’s award of attorney’s fees and sanctions to appellee
0142082 Ryan Oneal Davis v. Commonwealth of Virginia 06/09/2009
Trial court did not err in denying appellant’s motion to suppress or in denying appellant’s request to remove his attorney and his attorney’s request to withdraw; issue regarding whether trial court erred in refusing to strike a juror for cause is moot
0404082 Melissa Annette McQuinn v. Commonwealth of Virginia 06/09/2009
Trial court did not err in finding evidence was sufficient to conclude that appellant uttered traveler’s checks knowing them to be forged and that she had both fraudulent and larcenous intent when she used the forged checks to purchase merchandise
0510082 Roderick Wayne McDowell v. Commonwealth of Virginia 06/09/2009
Appellant’s arguments regarding the trial court’s admission of a transcript of the victim’s preliminary hearing testimony challenging the interpreter are waived under Rule 5A:18 as appellant did not object to the interpreter in the district court
0589083 Willie Hampton Moss, Jr. v. Commonwealth of Virginia 06/09/2009
Trial court did not err in finding appellant had notice that his license was revoked when he drove a vehicle on March 9, 2007
1087084 Charles A. Attiliis v. Patricia L. Attiliis 06/09/2009
Trial court’s equitable distribution award is affirmed in part and reversed and remanded in part
1298084 Angelina Lynn Heiderscheidt v. Commonwealth of Virginia 06/09/2009
Trial court did not err in denying appellant’s motion to dismiss where at the time of the revocation hearing the trial court had jurisdiction over appellant
1716084 Chemical Producers and Distributors Association, Inc., et al. v. Linda Ann Perry 06/09/2009
Commission made no findings and conducted no analysis regarding whether appellee’s conduct resulting in termination was voluntary or involuntary; matter remanded to commission for further proceedings
2139074 Carlos Gaytan v. Commonwealth of Virginia 06/09/2009
Trial court did not err in admitting the victim’s hearsay statements under the excited utterance exception to the hearsay rule where the victim’s statements were both spontaneous and impulsive
2538074 Van I. Womack v. Commonwealth of Virginia 06/09/2009
Appellant failed to preserve his claim that the officer’s search violated his Fourth Amendment rights where the trial court gave three separate reasons for denying appellant’s motion to suppress and appellant’s appeal only addresses one of those alternative reasons
3002082 Linwood Faulk v. Richmond Department of Social Services 06/09/2009
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved that termination of appellant’s parental rights to his children was in their best interests
0126094 ABR Services, Inc. and Companion Commercial Insurance Company v. Quang M. Le 06/02/2009
Summary affirmance – no error in commission’s finding that appellee proved a 44% permanent partial disability to each of his lower extremities
0218091 Commonwealth of Virginia v. Carlton M. Grimes, Jr. 06/02/2009
Trial court erred in granting appellant’s motion to suppress all evidence resulting from search of appellant’s vehicle where it was apparently mobile at the time of the search and that mobility permitted application of the automobile exception to the Fourth Amendment warrant requirement
1363084 Ronald Eric Hemphill, Jr. v. Commonwealth of Virginia 06/02/2009
Trial court did not err in denying appellant's motion for a new trial where appellant has failed to establish the requisite prejudice as nothing in the record provides a basis to conclude that had the non-disclosed evidence been disclosed prior to trial, that the results of the proceeding would have been different
1482082 William Lee Scott v. Commonwealth of Virginia 06/02/2009
Trial court did not err in denying appellant’s motion to suppress where officer conducted a detention pursuant to a lawful traffic stop that was reasonable under the circumstances and totality of circumstances rose to level of reasonable suspicion; trial court erred in finding evidence supported finding that appellant intended to distribute the cocaine
1735084 Darryll C. Stone v. Commonwealth of Virginia 06/02/2009
No error in appellant’s conviction of reckless driving as appellant’s argument that the stop was illegal because officer was beyond his lawful authority to stop him is of no moment as conviction is based on conduct that occurred after the detention had ceased and constituted a new offense that occurred after the stop
1970074 Tony A. Rivenbark v. Commonwealth of Virginia 06/02/2009
Trial court erred in refusing to grant appellant’s instruction that appellant drove within the conditions of a valid restricted operator’s license; appellant’s conviction of driving under suspension is reversed and remanded to trial court
2754082 Lewis Robert Newman, Sr. v. Charlottesville Department of Social Services 06/02/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his son
3084082 Scotty Dameron, Sr. v. Albemarle County Department of Social Services 06/02/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his child and was sufficient to support the change in goal from permanent foster care to adoption
0014093 Misty Gibson v. Roanoke City Department of Social Services 05/26/2009
Termination of appellant’s parental rights to her child affirmed where appellant challenged conditions necessary for termination under Code § 16.1-283(C)(1) and (C)(2) but not under Code § 16.1-283(E), one of the sections under which her rights were terminated
0389082 Constance Levon Muwwakyl, s/k/a Constance L. Davis v. Commonwealth of Virginia 05/26/2009
Trial court did not err in finding evidence was sufficient to prove that appellant possessed the drugs found in her bedroom
0930082 Cedric F. Clarke, s/k/a Cedric Francois Clarke v. Commonwealth of Virginia 05/26/2009
Trial court did not err in refusing to strike a potential juror for cause, in denying appellant’s Batson challenge to the peremptory strike of an African-American juror, in granting Commonwealth’s motion to disallow two of his peremptory strikes, in denying motion to strike robbery charge on sufficiency grounds, or in denying motion to suppress identification
1393083 Tyrone Antwan Herndon v. Commonwealth of Virginia 05/26/2009
Trial court did not err in admitting certificate of analysis into evidence where appellant has offered nothing more than speculation that the evidence analyzed by the lab was not the same evidence seized at the time of the arrest
2267082 Alfred J. LaLuna v. Renee M. Birchell, f/k/a Renee M. LaLuna 05/26/2009
No error in trial court’s finding that the spousal support payments should be calculated on an annual basis; trial court erred in finding that those support payments should be based on appellant’s 2005 W-2s and K-1s for the remaining term of their agreement
0250081 Kevin Lamont Newby v. Commonwealth of Virginia 05/19/2009
No error in appellant’s conviction of distributing obscene material where evidence proved appellant mailed the envelope containing photos of himself in various stages of undress to the television station in Hampton giving rise to strong presumption that offense was committed within jurisdiction of court
0363084 Ajay Kapur v. Ruchika Kapur 05/19/2009
Trial court did not err in awarding primary physical custody of children to appellee; appellant’s questions regarding the surrender of his passport waived pursuant to Rule 5A:18; trial court erred in entering sanctions order preventing appellant from presenting evidence at hearing on spousal support, child support and equitable distribution
0787082 Kevin Wayne Parker v. Commonwealth of Virginia 05/19/2009
Trial court did not err in denying motion for mistrial where, even assuming information regarding nature and circumstances of arrest and pending charges against appellant’s wife were exculpatory and that the information was suppressed by the Commonwealth, appellant did not prove he suffered prejudice; evidence sufficient to support convictions
0950084 Ajay Kapur v. Ruchika Kapur 05/19/2009
Trial court did not err in awarding primary physical custody of children to appellee; appellant’s questions regarding the surrender of his passport waived pursuant to Rule 5A:18; trial court erred in entering sanctions order preventing appellant from presenting evidence at hearing on spousal support, child support and equitable distribution
1086084 Said S. Salah v. Commonwealth of Virginia, Department of Social Services, etc. 05/19/2009
Summary affirmance – appellant’s arguments on appeal waived pursuant to Rule 5A:20(e) where appellant failed to provide any legal authority to support his assertions
1205081 Eric M. Cross v. Commonwealth of Virginia 05/19/2009
Appellant’s conviction of possession of heroin with intent to distribute reversed and dismissed where evidence was not sufficient to prove constructive possession of the heroin found in vehicle in which appellant was a passenger
1577084 Said S. Salah v. Commonwealth of Virginia, Department of Social Services, etc. 05/19/2009
Summary affirmance – appellant’s arguments on appeal waived pursuant to Rule 5A:20(e) where appellant failed to provide any legal authority to support his assertions
2789083 Brandi Peters v. Roanoke City Department of Social Services 05/19/2009
Termination of appellant’s parental rights to her children affirmed where appellant challenged conditions necessary for termination under Code § 16.1-283(B) but not under Code § 16.1-283(C)(2), the section under which her rights were terminated
2797084 Freddie Stokes v. T.W. & Company, Inc. and Wausau Insurance Company 05/19/2009
Summary affirmance – Court has determined appellant’s questions and additional question raised by appellee are without merit
0208082 Judson Jeffrey Harris v. Commonwealth of Virginia 05/12/2009
Trial court did not err in imposing sentence appellant accepted in plea agreement when he failed to successfully complete drug court program; Rule 5A:18 bars consideration of appellant’s due process argument and whether trial court erred in refusing to consider evidence of the reasons appellant was terminated from the program
0430082 Michael James Davis v. Commonwealth of Virginia 05/12/2009
Appellant’s convictions affirmed where evidence was sufficient to establish he was the driver at the time of the accident and trial court did not err in refusing appellant’s request to instruct jury regarding duties of a driver injured in an accident where no evidence showed appellant was injured such that he was prevented from complying with Code § 46.2-894
0683083 Jacob Douglas Peyton, IV v. Commonwealth of Virginia 05/12/2009
Appellant failed to show he complied with the requirements of the Interstate Agreement on Detainers and trial court did not err in denying appellant’s motion to dismiss indictments; evidence was sufficient to prove beyond appellant was guilty of statutory burglary and grand larceny
1272081 Teon Delvon Garland v. Commonwealth of Virginia 05/12/2009
Trial court erred in denying appellant’s motion to suppress the marijuana recovered from his pants where search was not supported by probable cause that the pants contained contraband or evidence of a crime
1893084 Theresa Bowe Yarish v. Mark Alan Yarish 05/12/2009
No error in trial court’s interpretation of final decree holding that both parties were equally responsible for tuition costs and ordering that appellant contribute to the private school tuition and expenses of children
2074072 Johnathan Wesley McMillan v. Commonwealth of Virginia 05/12/2009
Rehearing En Banc Granted
2203082 Bonnie Stroud Hernandez v. Chesterfield-Colonial Heights Department of Social Services 05/12/2009
Summary affirmance – no error in trial court’s finding that evidence proved by clear and convincing evidence that appellant’s parental rights to her children should be terminated and that termination was in their best interests
2712083 Sarah Dickenson v. Michael Clark 05/12/2009
Summary affirmance – no error in trial court’s finding that it could not terminate father’s parental rights to his child without the filing of a foster care plan
3094082 The Salvation Army, et al. v. Michael Wayne Peoples 05/12/2009
Summary affirmance – no error in commission’s finding the appellants were responsible for certain medical bills and that doctrine of laches did not apply
1623081 Marsha Windell v. Virginia Department of Social Services 05/05/2009
Trial court did not err in finding that the six Level 3 findings of physical abuse/bizarre discipline were supported by credible evidence
2824082 Tanisha Kelly v. Hopewell Department of Social Services 05/05/2009
No error in trial court’s approval of foster care service plans for appellant’s children or in finding appellant’s two minor children were abused or neglected and that the children were subjected to aggravated circumstances
2945083 Goodyear Tire & Rubber Company and Liberty Mutual Group v. Angelo D. Tarpley 05/05/2009
Summary affirmance – commission did not err in finding appellee proved he sustained an injury by accident arising out of the course of his employment or in awarding lifetime medical benefits to him
0279082 Clifford Samy v. Commonwealth of Virginia 04/28/2009
Trial court did not err in denying appellant’s motion to suppress as appellant voluntarily consented to be searched before he was frisked and cocaine was discovered in his sock and evidence was sufficient to support finding that appellant intended to distribute the cocaine he was carrying
0552082 Timothy Antonio Jones v. Commonwealth of Virginia 04/28/2009
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of possession of burglarious tools; trial court did not err in revoking appellant’s suspension of sentence for a prior offense based on that new conviction
0722083 Christopher Randoloph Craig v. Commonwealth of Virginia 04/28/2009
Trial court did not err in finding that officer had reasonable suspicion to justify stopping appellant’s vehicle where officer had a good faith belief that appellant’s license plate light was not working and driving with a malfunctioning license plate light is unlawful; conviction of driving under the influence affirmed
1190083 Jacqueline Cristina Stinespring v. Commonwealth of Virginia 04/28/2009
Appellant’s convictions of embezzlement reversed and vacated where evidence was insufficient to prove appellant acted with the requisite intent to defraud
1645072 Earnest A. Johnson, III v. Commonwealth of Virginia 04/28/2009
No error in trial court’s denial of appellant’s motion to suppress where information provided by unwitting informants was credible and officers had reasonable articulable suspicion that criminal activity was afoot prior to initiating their investigatory stop of appellant
2294073 Amy Dare Tweedy v. Commonwealth of Virginia 04/28/2009
No error in trial court’s finding that appellant was represented by counsel at the time of her second conviction of driving under the influence and as that conviction was valid, trial court was entitled to rely on it to apply enhanced sentencing provisions for appellant’s conviction of driving under the influence, third offense
2363074 Stephen M. Blanton v. Commonwealth of Virginia 04/28/2009
Trial court did not err in finding evidence was sufficient to prove penetration as to support appellant’s conviction of carnal knowledge where victim testified she had “intercourse” with appellant
2428081 Williams E. Jones v. Donna M. Jones 04/28/2009
Trial court erred in finding evidence proved that a parcel of property, a retirement account and a vehicle were gifts from appellant to appellee as access to and use of these assets did not imply a donative intent
2613073 Harry Warren Booth, Jr. v. Commonwealth of Virginia 04/28/2009
No error in trial court’s finding that victim’s testimony was sufficient to prove appellant had sexual intercourse with a child under the age of thirteen and that the evidence established that the offense occurred on a date within the time period set forth in the indictment
2731082 Keyser Brothers, Inc. and Contintental Casualty Company v. Kenneth W. Keyser 04/28/2009
Summary affirmance – no error in commission’s award of medical benefits to appellee where it held that doctrine of imposition prevented appellants from relying upon a statute of limitations defense
2851071 Sheila L:ynn Sears, a/k/a Sheila Lynn Sears Coleman v. Commonwealth of Virginia 04/28/2009
No error in trial court’s refusal to allow appellant to cross-examine her husband, the Commonwealth’s primary witness, regarding allegations that he had raped her during the marriage where she was allowed to cross-examine him upon any matter demonstrating he had a disposition to hurt her by testifying untruthfully
2963083 William Scott Mollette v. Roanoke County Department of Social Services 04/28/2009
Termination of appellant’s parental rights to his children affirmed where appellant failed to file a transcript or written statement of facts and issue of sufficiency of evidence to support termination requires a transcript or statement of facts for its determination
2983082 Tomeka S. Morse v. E.C. Management Services, Inc. and Commerce & Industry Insurance Company 04/28/2009
Summary affirmance – no error in commission’s finding that appellant failed to establish a compensable work-related accident
0476081 Ernest George Minns v. Kim M. Crump 04/21/2009
Summary affirmance – any issues pertaining to notice to appellant of the hearing in juvenile court rendered moot as custody matter was heard de novo in trial court
0968082 Russell Maurice Jones v. Commonwealth of Virginia 04/21/2009
Trial court did not err in denying appellant’s motion to suppress evidence of his habitual offender status as encounter between officer and appellant was consensual
1030082 Stacey Pettaway, s/k/a Stacey Matthew Pettaway 04/21/2009
Trial court did not err in denying appellant’s motion to suppress evidence recovered appellant’s person where officer had probable cause to arrest appellant for obstruction of justice and conducted a reasonable search incident to the arrest
2142081 Valerie A. Jones v. Donn David Ostroth 04/21/2009
Evidence is sufficient to support trial court’s judgment in favor of appellee that, based on appellee’s testimony, appellant’s mother had forgiven the promissory note indebtedness
2242074 Jean John Aidonis v. City of Fairfax 04/21/2009
Appellant’s argument that trial court erred in not instructing jury that appellee had to prove he had notice of the suspension of his driver’s license barred by Rule 5A:18; as evidence proved appellant had notice that his driver’s license was suspended, Court declines to apply ends of justice exception to Rule 5A:18
2540083 Jonie Hall Smith v. David A.R. Smith 04/21/2009
Summary affirmance – no error in trial court’s limiting the spousal support award to a defined duration
2588084 Sheila Anne Rekow v. Marlin F. Rekow 04/21/2009
Summary affirmance – trial court did not abuse its discretion in denying appellant’s request for attorney’s fees
2602074 Henry Johnson Lucas, Jr. v. Commonwealth of Virginia 04/21/2009
Appellant’s conviction of grand larceny affirmed where record does not support appellant’s argument that trial court erred in allowing the amendment of the indictment on the third day of trial; record does not reflect any amendment to indictment and appellant was convicted of charge on which he was indicted
2606074 Darryl A. Mitchell v. Commonwealth of Virginia 04/21/2009
Trial court did not abuse its discretion in denying appellant’ request for an in camera review of the Commonwealth’s file
2840083 McKinney Drilling Company, Inc. and Zurich American Insurance Company v. Michele Garnett Peterson 04/21/2009
Summary affirmance – no error in commission’s findings that appellee’s ongoing right ankle and knee conditions were due to a 2005 compensable accident, that arthroscopic surgery to her right knee was reasonable and necessary, that she was entitled to a MRI of her right ankle, and that she was entitled to indemnity benefits
3028083 Cumberland Resources and AIG Claims Services, Inc. v. David Michael Whitt 04/21/2009
Summary affirmance – commission did not err in modifying the deputy commissioner’s award of permanent partial disability benefits to appellee in connection with a knee and ankle injury
2343084 Catherine L. Henerman v. John Milton Hinerman 04/14/2009
Summary affirmance – trial court did not err in its interpretation of the parties’ agreement and in its refusal to increase spousal support; as appellant failed to comply with Rule 5A:20(e), this Court did not consider appellant’s argument regarding the award for the attorney fees
2369071 Willy Naar, Jr. v. Commonwealth of Virginia 04/14/2009
Trial court did not err in denying appellant’s request to apply the exception in Code § 19.2-266.2 where appellant did not establish that he had good cause for his failure to argue, prior to trial, a motion to suppress based on the officer’s alleged failure to inform appellant of his Miranda rights prior to any interrogation
2528083 Grover Gray Bradley, Jr. v. Lenora Jane Bradley 04/14/2009
Summary affirmance – finding that a transcript or a more thorough statement of facts is indispensable to a determination of the questions presented on appeal, the judgment of the trial court is summarily affirmed
2637082 United Parcel Service Inc. & Liberty Insurance Corp. v. Chamberlain S. Cotton 04/14/2009
Summary affirmance – no error in commission’s finding that claimant suffered a compensable consequential injury
2732084 Stanley Maurice Hood v. GDI, Inc. & National Fire Insurance Company 04/14/2009
Summary affirmance – commission did not err in finding that claimant’s application alleging a change in condition was barred by the applicable statute of limitations contained in Code Section 65.2-708
2752082 Murphy-Brown, LLC & Ace American Insurance Company/Gallagher Basset Services, Inc. v. Steve Budnick 04/14/2009
Summary affirmance – commission did not err in finding claimant proved by a preponderance of the evidence the accident was attributable to a hazard of his employment; award of temporary total disability benefits and medical benefits to claimant affirmed
0316082 Reginald Darnell Macklin v. Commonwealth 04/07/2009
Appellant’s conviction of receiving stolen property reversed and remanded for new trial where trial court convicted appellant without deciding whether appellee had proven actual knowledge that appellant knew the property was stolen
0330081 Kenneth Marvin Hayes v. Commonwealth 04/07/2009
Appellant’s convicted of aggravated sexual battery reversed and dismissed where evidence was not sufficient to prove that appellant touched the victim’s intimate parts or forced victim to touch his intimate parts
0495074 Janice Larue Orndorff v. Commonwealth 04/07/2009
Trial court did not err in denying appellant’s motion for a new trial and in finding that appellant’s asserted after-discovered evidence should not result in a different outcome at a new trial before a new jury
2912074 Ronald K. Polaski v. Commonwealth 04/07/2009
No error in trial court’s refusal to allow appellant to present evidence of victim’s prior complaint of sexual abuse against another man where complaint had no logical tendency to establish the proposition for which appellant offered it and was thus irrelevant
0211082 James Lee, Jr., s/k/a James Stewart Lee v. Commonwealth of Virginia 03/31/2009
No error in appellant’s convictions of second-degree murder and use of a firearm in commission of murder as no Brady violation occurred because evidence at issue was not material to appellant’s guilt and therefore he was not prejudiced by its nondisclosure
0443081 Richard Tyrone Banks v. Commonwealth of Virginia 03/31/2009
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable grounds to believe informant’s statement was true, where appellant gave consent to search his mother’s residence, and evidence was sufficient to prove appellant possessed drugs found in that search
2544074 Tobias Antonio Carrington v. Commonwealth of Virginia 03/31/2009
Trial court did not err in finding credible evidence proved that appellant shot his grandfather and killed another and in permitting the Commonwealth to cross-examine appellant’s expert witness regarding statements appellant made to his mother prior to the shooting
2667082 Dekicia Vaughan v. Richmond Department of Social Services 03/31/2009
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where appellee proved by clear and convincing evidence that appellant was unable or unwilling within a reasonable period of time to remedy conditions which led to placement of child in foster care
2748071 American Zurich Insurance Company v. Peter Brian Amundsen, Bancroft Granite & Marble, LLC et al. 03/31/2009
Commission did not err in finding employee appellee did not willfully violate a known safety rule; commission erred in finding appellant was responsible for employee’s benefits
0158084 Dominick A. Parisi v. Commonwealth of Virginia 03/24/2009
Trial court erred in refusing to grant appellant’s proposed instruction on heat of passion where jury could have concluded that appellant acted with reasonable provocation; case remanded for new trial
0162082 Thorn Sterling Pettis v. Commonwealth of Virginia 03/24/2009
Trial court did not err in denying motion to suppress evidence obtained from appellant’s interaction with police where officer initiated consensual encounter with appellant which developed into reasonable suspicion to detain appellant
0616081 Brian Marques Askew v. Commonwealth of Virginia 03/24/2009
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to believe appellant had been recently smoking marijuana and probably possessed marijuana and was justified in searching appellant
0693081 Leroy Peterson, s/k/a Leroy McCoy Peterson v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to support conviction of possession of firearm in violation of Code § 18.2-308.2(A) given circumstances of this case together with fact that appellant had primer residue on his right hand shortly after apprehension
0701081 Michael Rashif Kenta Green v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to prove appellant knowingly and jointly possessed the cocaine in bag recovered from vehicle and from his person
1017081 Cedrick Plather v. Commonwealth of Virginia 03/24/2009
Trial court erred in denying appellant’s motion to dismiss due to a statutory speedy trial violation where record shows appellant’s trial was not held within mandatory five-month period of Code § 19.2-243; convictions reversed and indictments dismissed
1723074 Duane Tyler Patterson v. Commonwealth of Virginia 03/24/2009
Trial court did not err in denying appellant’s motion to suppress evidence seized from his motel room where officers conducting search did so in good-faith reliance on the validity of the judicially issued search warrant
1780072 Rhakeem William Winn v. Commonwealth of Virginia 03/24/2009
No error in appellant’s conviction of taking indecent liberties where trial court found appellant’s appearance, by itself, was sufficient to prove appellant was eighteen or older
2044074 Rubio Argelio Angel v. Commonwealth of Virginia 03/24/2009
Trial court did not err in denying juvenile appellant’s motion to suppress statements made to police where waiver of rights was knowing, voluntary, and intelligent and in dismissing appeal of the juvenile court’s decision to certify him for trial as adult; no reversible error in trial court’s denial of request for DNA expert, for separate trials, for continuance, and for mistrial
2182081 Willie Stewart v. Norfolk Department of Human Services 03/24/2009
Summary affirmance – sufficient evidence supported trial court’s termination of appellant’s parental rights to his son
2331083 Dwayne A. Miller, Jr. v. Harrisonburg-Rockingham Social Services District 03/24/2009
No error in trial court’s finding that evidence was sufficient to prove termination of appellant’s parental rights to his daughter was in child’s best interests
2464081 Shelly M. Martin v. Norfolk Department of Human Services 03/24/2009
Summary affirmance - sufficient evidence supported trial court’s termination of appellant’s parental rights to her son
2599073 Ronald Glenn Etheridge v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to prove appellant was aware of presence and character of the still warm glass stem containing cocaine residue and in finding it was subject to his dominion and control
2758072 Megan Ashley Pullin v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence sufficient to support conviction of forgery where evidence proved appellant used someone else’s identifying information, discharge form could have served as foundation for liability for treatment that person did not incur, and act of providing false information sufficed to show intent to defraud
2874071 Antonio Jose Corprew v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to support convictions of robbery and two counts of use of a firearm where money was taken from back seat of vehicle in victim’s presence and appellant made threats to use a firearm and kept his hand under his clothing as though holding a firearm
2907071 Kevin Antoine Herndon v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to prove appellant was in constructive possession of firearm and exercised dominion and control of firearm found in dwelling
2953071 John Henry Hayes v. Commonwealt of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to convict appellant of robbery and use of firearm as principal in second degree where evidence proved appellant shared the principal’s criminal intent
3088074 Walter E. Cuadra Neria, a/k/a Walter E. Cuadra v. Commonwealth of Virginia 03/24/2009
Trial court did not err in imposing a fine of $2,500 in conjunction with sentence of four years and six months incarceration for conviction of driving while intoxicated, fourth offense within ten years, as sentence falls within parameters of Code § 18.2-270(C)
0057082 Cassandra Diane Kocher v. Commonwealth of Virginia 03/17/2009
Trial court did not err in convicting appellant of grand larceny and uttering a forged check where evidence supported finding that appellant’s husband did not authorize appellant to endorse check and deposit it into her account; trial court did not err in refusing to reopen case where appellant had ample opportunity to obtain evidence prior to trial
1000083 Christopher M. Weaver v. Wythe County Department of Social Services 03/17/2009
Trial court did not err in finding evidence was sufficient to show appellant was unable, within a reasonable period of time, to substantially remedy conditions leading to child’s continued placement in foster care and that termination of appellant’s parental rights to his child was in child’s best interests
1861084 Steven O. Allen v. Wright's Buick, Inc. and Zurich Direct Underwriters 03/17/2009
No error in commission’s decision ordering a change in appellant’s treating physician to a physician located closer to his home
2074072 Johnathan Wesley McMillan v. Commonwealth of Virginia 03/17/2009
Evidence was sufficient to support appellant’s conviction of attempted capital murder where appellant drove his vehicle directly at the officer’s vehicle and accelerated until he hit it; possession of concealed weapon by felon reversed and dismissed where evidence was insufficient to prove scuba knife appellant possessed was a weapon
2182072 Gerald Lorenzo Anderson v. Commonwealth of Virginia 03/17/2009
No error in trial court’s denial of motion to suppress appellant’s statements where public safety exception to Miranda requirements permitted appellant’s response to officer’s question to be admitted; appellant’s issue regarding whether officer had reasonable suspicion to detain him barred by Rule 5A:18
2217082 Dwight Alexander Dixon v. Marjorie Hagood Weston Dixon Pugh 03/17/2009
Summary affirmance – trial court did not err in dismissing appellant’s “Complaint or Motion to Vacate Judgment” where attorney’s fees and costs at issue were not included in lump sum spousal support award and were not addressed by Supreme Court in prior appeal
2219082 Stephen D. Howard v. Joey L. Howard 03/17/2009
Summary affirmance – no error in trial court’s findings regarding amount of spousal support, in valuing equity in former marital residence, marital debit and mortgage payments, and in awarding attorney’s fees to appellee
2273082 Ruby V. Schwenk v. Charles R. Schwenk 03/17/2009
Summary affirmance – trial court did not err in entering final decree and in denying appellant’s motion to rehear as more than twenty-one days had expired since entry of decree and trial court no longer had jurisdiction over matter
2304074 Samuel Lee Adams v. Commonwealth of Virginia 03/17/2009
No reversible error in trial court’s refusal to redact information during sentencing phase from one of Commonwealth’s exhibits where other exhibits that appellant did not object to contained substantially similar language regarding appellant’s prior statements regarding his drug use and conviction orders showing appellant pled guilty to drug charges were admitted
2309081 Lynn Michelle Favors v. Dennis Michael Favors 03/17/2009
Summary affirmance – no error in trial court’s rulings imputing income to appellant, on appellee’s income and expenses, on the amount of spousal support, and on the award of attorney’s fees
2545083 Terri Osborne Rader v. Dominion Enterprises Trading Publishing, et. al. 03/17/2009
Summary affirmance – no error in commission’s finding that appellant’s accident did not arise out of her employment and that deputy commissioner did not abuse her discretion in refusing to admit certain x-rays into evidence
2993072 Thomas Eugene Monroe v. Commonwealth of Virginia 03/17/2009
Trial court did not err in refusing to instruct jury on voluntary manslaughter and accidental killing where evidence did not show appellant shot the victim accidentally and any heat of passion had more than ample time to abate before appellant drove to shop and shot victim
0045082 Melvin P. Wade v. Commonwealth of Virginia 03/10/2009
Appellant’s argument that his mid-trial guilty plea was not knowing and voluntary barred by Rule 5A:18; trial court did not err in relying on victim loss statements to determine reasonable amount of restitution
0276084 Lawrence L. Huver, III v. Commonwealth of Virginia 03/10/2009
Trial court did not err in finding evidence was sufficient to support conviction of possessing a firearm silencer not registered to appellant; Code § 18.2-308.6 does not violate Supremacy Clause
0342083 Earl Lamont Boxley, Sr. v. Commonwealth of Virginia 03/10/2009
Trial court did not err in finding evidence sufficient to support appellant’s convictions of possession of cocaine, possession of an imitation Schedule I or II drug with intent to distribute, and obstruction of justice
0617081 David Samuel Lewis v. Commonwealth of Virginia 03/10/2009
Trial court did not err in finding evidence was sufficient to support conviction of possession of heroin given the actual possession of the heroin in appellant’s pocket, appellant’s admission that he was a “user,” and the informant’s knowledge
1631084 Verizon Services Corporation v. Helen Marie Gee 03/10/2009
Summary affirmance – commission did not err in finding appellant failed to prove appellee was capable of performing light duty work, that a change in treating physicians was not warranted, and that appellee was eligible for reinstatement of her temporary total disability benefits
2153072 Harrison Lee Kanczuzewski v. Commonwealth of Virginia 03/10/2009
No error in appellant’s conviction of animate object sexual penetration where trial court accepted victim’s testimony that penetration was non-consensual as credible and evidence proved that the touching involved more force than amount of force required to accomplish unlawful touching
2196081 Kevin James Riley v. Kimberly Wilson Riley 03/10/2009
Summary affirmance – no error in trial court’s finding that appellant did not meet his burden in tracing his separate contributions to parties’ real estate; additional issues regarding equitable distribution and spousal support waived under Rule 5A:20(e)
2241083 Frederick A. Wright v. Lynchburg Department of Social Services 03/10/2009
Summary affirmance – termination of appellant’s parental rights to his children summarily affirmed where appellant did not make a contemporaneous objection at trial level and Rule 5A:18 bars consideration of question raised on appeal
2299074 Ronald Michael Young, Jr. v. Commonwealth of Virginia 03/10/2009
Trial court did not err in denying motion to suppress appellant’s statements to officers where evidence shows appellant validly waived his rights; evidence is sufficient to support appellant’s conviction of robbery
2319084 Grinsis Yasmin Rivera v. Fairfax County Department of Family Services 03/10/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children; trial court did not err in finding relative placement of one child was not a viable option
2326083 Annabelle Wright v. Lynchburg Department of Social Services 03/10/2009
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her children was in their best interests and that appellee provided reasonable services to appellant
2623083 Timothy Wayne Bradley v. Southern Air, Inc. and Liberty Mutual Insurance Company 03/10/2009
Summary affirmance – decision of commission affirmed without addressing merits of appellant’s argument on appeal where appellant does not challenge commission’s specific findings regarding his low back and left hip claim and those findings are binding and conclusive upon us
2927072 Judson Jeffrey Harris v. Commonwealth of Virginia 03/10/2009
Appellant’s contention that trial court erred in failing to reverse his termination from drug court based on his claim that termination violated his due process rights under Fourteenth Amendment barred by Rule 5A:18; trial court found appellant guilty and sentenced him pursuant to plea agreement and did not err in refusing to consider reasons for termination
3012074 Basim Dauwd Jami, s/k/a Basim Dawud Jami v. Commonwealth of Virginia 03/10/2009
Trial court did not err in denying appellant’s motion for a continuance after granting the Commonwealth’s motion to amend the indictment where appellant did not show he was prejudiced by the trial court’s denial of the motion
0453084 Pamela L. Cave v. George R. Opria 03/04/2009
Appellant’s appeal concerning a prenatal paternity test is moot as the child has been born and paternity has been established; appeal dismissed as moot
2292072 Monte Leshon White v. Commonwealth of Virginia 03/04/2009
Trial court did not err in finding police had probable cause to seize the firearm and reasonable suspicion to detain appellant; trial court erred in denying appellant’s motion to suppress his statements regarding the firearm when it found appellant was not entitled to Miranda warnings before the officer asked appellant whether the firearm was his
3073071 Tyrone Lamont Waller v. Commonwealth of Virginia 03/04/2009
Trial court did not err in denying appellant’s motion to suppress evidence seized from appellant’s mother’s house where trial court declined to credit the mother’s testimony that the search was coerced and appellant’s argument relies solely and entirely on that testimony
0145082 Walker J. Tackett v. Commonwealth of Virginia 02/24/2009
Trial court did not err in determining evidence was sufficient to support conviction of grand larceny of copper wire where it proved appellant was the criminal agent and value of wire was proven to be over $200 based on owner’s opinion testimony
0295082 Elizabeth Pollard Noakes v. Commonwealth of Virginia 02/24/2009
Rehearing En Banc Granted
0331081 Mary L. Biernot v. Joseph L. Biernot 02/24/2009
No error in trial court’s classification of a parcel of land purchased during the marriage as hybrid property and in its assessment of appellee’s separate interest in the land
0345083 Thomas L. Switzer v. Paula Fridley, Samuel Smith andJodi Smith 02/24/2009
Summary affirmance – absent a proper record, Court is unable to address issues raised on appeal where appellant took no action within twenty-one-day period of Rule 1:1 to make a record or obtain a transcript or signed written statement of facts
0916082 Michael P. Martin v. Eileen M. Martin 02/24/2009
No error in trial court’s order increasing amount of spousal support to appellee where it did not abuse its discretion in only imputing income of $500 to appellee, in finding appellee demonstrated a need for increased support, and finding appellee was entitled to be maintained in manner she was accustomed during the marriage
0948084 Ciracharo Acquisition Corporation and American Home Assurance Company v. Beulah Kay Sadler 02/24/2009
Under Hitt Construction v. Pratt (decided February 17, 2009), decision of commission reversed where appellants timely argued that commission was improperly constituted to make a decision in this case; remanded for reconsideration
2171081 James Edward Weal v. Bessie Vinnie Weal 02/24/2009
Summary affirmance – no error in trial court’s equitable distribution award of the marital residence
2948073 Lindsay Alan Bly v. Commonwealth of Virginia 02/24/2009
Rehearing En Banc Granted
0612083 Thomas Maurice Vaughn v. Commonwealth of Virginia 02/17/2009
Trial court did not err in revoking appellant’s suspended sentences and reinstating a portion of those sentences
0682083 Charles Wright Strickland, Sr. v. Jones Brothers, Inc. and Zurich American Insurance Company 02/17/2009
Commission did not err in finding appellee failed to show he made a reasonable effort to market his remaining work capacity
1815073 Lord Quikzonious Judah, s/k/a Lord Quickzonious Judah v. Commonwealth of Virginia 02/17/2009
No error in trial court’s finding that appellant’s Alford pleas were entered voluntarily, freely, and intelligently and trial court found evidence proffered by Commonwealth sufficient to support convictions
1925073 Larry Keith Harman, s/k/a Larry Keith Harmon v. Commonwealth of Virginia 02/17/2009
Trial court did not err in denying appellant’s motion to suppress blood test evidence, in finding evidence sufficient to support conviction of assault and battery of police officer, in denying appellant’s motion in limine where he sought to preclude admission of blood test results, in overruling his objection to prosecution’s closing argument, and in denying motion for new trial
1990082 Michael C. Jarrett v. Virginia Employment Commission and Hindlin Broadcasting, LLC 02/17/2009
Summary affirmance – trial court did not err in denying appellant’s claim for unemployment benefits where he voluntarily left his employment without good cause
2611073 Wesley Eugene Baker, II v. Commonwealth of Virginia 02/17/2009
Trial court did not err in refusing to conduct further inquiry into defense counsel’s alleged conflict of interest where facts did not rise to the level of an apparent and obvious conflict of interest; trial court did not err in admitting certain evidence over his objections where documents were adequately authenticated
2794073 Randy L. Showalter v. Linda L. Showalter 02/17/2009
Trial court did not err in determining child custody, spousal support, and equitable distribution; appellant’s additional questions procedurally defaulted
2902073 David Lynn Hall, Jr. v. Commonwealth of Virginia 02/17/2009
No error in appellant’s conviction of carnal knowledge of a child between thirteen and fifteen where evidence was sufficient to prove beyond a reasonable doubt that appellant was over the age of eighteen and trial court had jurisdiction to try indictment against appellant
0005081 Leon Gary Newsome v. Commonwealth of Virginia 02/10/2009
Appellant’s convictions of second-degree murder and use of a firearm in commission of a felony affirmed where record shows appellant failed to make a timely objection to the trial date and, as such, the time period cannot be attributed to Commonwealth for statutory speed trial purposes
0210082 Stanley Leon Robinson v. Commonwealth of Virginia 02/10/2009
No error in appellant’s conviction of possession of cocaine with intent to distribute based on the amount of cocaine, the size of the unwrapped rock, the lack of a smoking device on appellant’s person, and the absence of any signs of chronic drug abuse
0468081 Antonio Nathaniel Golden v. Commonwealth of Virginia 02/10/2009
Appellant’s issues raised on appeal that trial court violated his Sixth Amendment right of confrontation and his common law right of cross-examination are barred by Rule 5A:18
0725082 Jermaine Lamont Tunstall v. Commonwealth of Virginia 02/10/2009
Trial court did not err in the sentence imposed upon appellant where it was within the statutory sentencing range established by the General Assembly; sentencing guidelines are discretionary and not mandatory
0908081 Raheem Jamal Barnes v. Commonwealth of Virginia 02/10/2009
Trial court did not err in finding evidence supported intent to distribute element of appellant’s convictions of possession of cocaine with intent to distribute and possession of cocaine with intent to distribute near school property
1247071 Doncorrie Parham v. Commonwealth of Virginia 02/10/2009
Trial court did not err in finding evidence sufficient to convict appellant of carjacking where appellant and his accomplice demanded victim’s car key at gunpoint and were responsible for the movement of victim’s vehicle from where he parked it with intent to deprive victim of possession or control of vehicle
1380082 Tahayya A.M. Ansari v. Saeed Ahmad 02/10/2009
This Court lacks authority to exercise appellate jurisdiction and appeal dismissed without prejudice where custody and visitation order appealed from is interlocutory and does not adjudicate the principles of the cause
1698084 Alfred M. Ducharme v. Marilyn J. Miller, f/k/a Marilyn M. Ducharme 02/10/2009
Summary affirmance – trial court did not err in continuing child support for the disabled child who is no longer a minor by addressing the matter while considering appellee’s petition for a rule to show cause
1830072 Danta Roberts, s/k/a Danta Omar Roberts v. Commonwealth of Virginia 02/10/2009
No error in trial court’s denial of appellant’s motion to suppress where the anonymous tips, together with the officer’s observations, provided reasonable articulable suspicion for an investigative detention
2094081 Alisa Gay Whitt v. Gloucester Department of Social Services 02/10/2009
Summary affirmance – evidence proved by clear and convincing evidence that appellant’s parental rights to her son should be terminated and that the termination was in child’s best interests
2328072 Clayton Demond Wyatt v. Commonwealth of Virginia 02/10/2009
Trial court did not err in finding evidence proved that the 7.5 grams of tested cocaine, based on its packaging and amount, was sufficient to support an intent to distribute
2355081 Viteri Construction Management, Inc. and Erie Insurance Exchange v. Faith L. Wilson 02/10/2009
Summary affirmance – commission did not err in awarding appellee permanent total disability benefits
2429081 Commodore Associates, Inc., d/b/a Commodore Theatre v. Virginia Alcoholic Beverage Control Board 02/10/2009
Summary affirmance – trial court did not err in affirming appellee’s finding that employee of appellant unlawfully sold alcoholic beverages to an underage buyer
2560072 Derwood Amelius Davis v. Commonwealth of Virginia 02/10/2009
Appellant’s conviction of possession of cocaine reversed and dismissed where evidence only proved appellant’s mere proximity to the cocaine found by officer
2572072 Keon Kearney v. Commonwealth of Virginia 02/10/2009
No error in appellant’s conviction of possession of cocaine with intent to distribute where at trial Commonwealth accounted for all vital links in chain of custody and evidence established specific intent to distribute
0014083 Harry M. Young, s/k/a Harry Moutier Young v. Commonwealth of Virginia 02/03/2009
Appellant’s question regarding whether trial court erred in refusing to permit him on cross-examination to inquire about certain detail of pending charges against one of the Commonwealth’s witnesses barred by Rule 5A:18; appellant also failed to proffer the substance of the expected testimony
0174082 Alisa M. Costanzo v. Vincent J. Costanzo 02/03/2009
Trial court abused its discretion by denying appellant’s request to amend her previously filed answer to the bill of complaint where granting the request would not prejudice appellee and was not merely a way to avoid trial
0318082 Rashad Jamar Cason v. Commonwealth of Virginia 02/03/2009
Trial court did not err in finding evidence was sufficient to support conviction of grand larceny where trial court could conclude that appellant made the unauthorized debits or aided and abetted the commission of the crime as a principal in second degree
0573074 Robert James Crabb v. Xavier Jara and Sally Jara 02/03/2009
Summary affirmance – no error in decision of trial court granting adoption petition filed by appellees where 2006 amendments removed the detriment-to-the-child standard and trial court, while not required to do so, made a finding from the bench that failing to grant the petition would be detrimental to the child
1201081 Aubrey Dwight Jones, Jr. v. Commonwealth of Virginia 02/03/2009
Trial court did not err in finding evidence was sufficient to support convictions of burglary, conspiracy to commit burglary, and wearing body armor while committing a crime
1293074 Brandon Michael Crawford v. Commonwealth of Virginia 02/03/2009
Trial court did not err in granting Commonwealth’s motion in limine to bar appellant from presenting an insanity defense where evidence would not permit a reasonable jury to conclude that appellant satisfied the M’Naghten standard
1398084 Dale Tracy Mecimore v. Alexandria Department of Human Services 02/03/2009
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four youngest children and approving permanent foster care plan for her two older children
2048081 Lora Bennett v. Richard G. Bennett 02/03/2009
twenty-one days had expired since entry of the final decree and the trial court no longer had jurisdiction over the matter
2076072 Daniel Lee Vesley v. Commonwealth of Virginia 02/03/2009
Appellant’s question contending the trial court erred in failing to determine that his plea of nolo contendere was voluntarily, intelligently, and knowingly made is barred by Rule 5A:18; evidence shows appellant signed written plea agreement and nothing in record shows appellant’s plea was anything other than knowing, voluntary, and intelligent
2340082 Cleaning Systems, Inc. et al. v. Michael Leigh Anderson 02/03/2009
Summary affirmance – commission did not err in awarding medical benefits and temporary total disability benefits to appellee
2402084 Richard L. Bailey v. Truland Systems Corporation and Hartford Casualty Insurance Company 02/03/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove he was totally disabled for a specified amount of time due to his compensable injury by accident
2869071 Angel Luis Rodriguez, Jr. v. Commonwealth of Virginia 02/03/2009
Trial court did not err in finding evidence was sufficient to support conviction of involuntary manslaughter where appellant’s intoxication caused the accident and the victims’ subsequent death
2968071 Adrian L. Smith v. Commonwealth of Virginia 02/03/2009
Appellant’s conviction of grand larceny of scrap metal reversed and dismissed where evidence was insufficient to show that the scrap metal appellant and a codefendant sold was same scrap metal stolen from business
3034071 Damien Chalk v. Commonwealth of Virginia 02/03/2009
Court declines to invoke the ends of justice exception to Rule 5A:18 where appellant benefited from the erroneous jury instruction that incorrectly stated elements of felony homicide and allowed appellant to be convicted of second-degree murder for conduct that otherwise would have amounted to greater offense of first-degree murder
0055081 Malcolm W. Swilling v. Commonwealth of Virginia 01/27/2009
Appellant’s argument regarding voluntary nature of his guilty plea barred by Rule 5A:18; trial court did not err in ordering sentence to run consecutively to time appellant serving on unrelated charges but matter remanded to trial court for imposition of sentence within statutory range
0103082 James O'Neal Kelly v. Commonwealth of Virginia 01/27/2009
Trial court did not err in finding appellant did not lay an adequate foundation on cross-examination for the introduction of extrinsic evidence of prior consistent statements made by two witnesses
1292083 Delores A. Scarberry v.Joey Scarberry 01/27/2009
No error in final decree equitably distributing marital property and denying spousal support after granting pendente lite support; trial court had no obligation to appoint a guardian ad litem to represent parties’ child
1477084 Daniel Messiha v. Alexandria Department of Human Services 01/27/2009
Any error in admitting certain testimony from social worker harmless where content of challenged statements admitted in exhibits or other testimony; evidence sufficient to support termination of appellant’s parental rights and approval of foster care plan
1835084 Samuel H. Brown, Jr. v. Kristen Ketchum 01/27/2009
Summary affirmance – transcript or statement of facts is indispensable to determination of issues raised on appeal and neither was timely filed
1869081 John H. Watson v. Marine Labor, Inc. and Companion Property & Casualty Insurance Company 01/27/2009
Summary affirmance – commission did not err in finding that appellant failed to prove his back condition was causally related to his compensable injury by accident, that he sustained total disability after April 9, 2007 causally related to his compensable injury, and that his average weekly wage was higher
2058081 Commonwealth of Virginia v. Tywan Lamar Kennedy 01/27/2009
Trial court erred in granting motion to suppress where appellee was unable to meet his burden of proving he retained a reasonable expectation of privacy in item after he tossed it out the window of a moving automobile; appellee did not establish he was subject to seizure of his person when he discarded the item
2359082 Delores Williams-Brooks v. Virginia Department of Social Services 01/27/2009
Summary affirmance – evidence was sufficient to support circuit court’s affirmance of a Level 3 founded disposition of physical neglect (inadequate supervision)
2378081 Food Lion, LLC and Delhaize America, Inc. v. Laura A. Grant 01/27/2009
Summary affirmance – no error in commission’s finding that appellee proved she was totally disabled as a result of her compensable injury by accident
2825071 Malik Corey Brown v. Commonwealth of Virginia 01/27/2009
Trial court erred in admitting hearsay testimony of victim to establish fair market cost of repairing the damage inflicted on victim’s vehicle was $1,000 or more; matter remanded to trial court for new trial on the lesser-included misdemeanor
2987071 Clinton Joseph Banks v. Commonwealth of Virginia 01/27/2009
Appellant’s conviction of grand larceny reversed where evidence did not support finding that value of stolen tire and rim was at least $200; as evidence supported finding that appellant was criminal agent who committed the larceny, matter remanded to trial court for imposition of new sentence on the lesser-included offense of petit larceny
0012082 Norman Wesley Wright v. Commonwealth of Virginia 01/20/2009
Trial court erred in trying appellant in his absence where evidence proved appellant failed to appear, but did not prove that appellant was voluntarily absent from trial
0304082 Jayvon Lartay Bass v. Commonwealth of Virginia 01/20/2009
Trial court did not err in denying motion to suppress where initial encounter between officer and appellant was consensual and officer had reasonable articulable suspicion that appellant was trespassing and was entitled to detain appellant to confirm or dispel his suspicion
0969081 Analea Fletcher v. Rey Abastillas 01/20/2009
Trial court did not err in finding a material change in circumstance since the last court order and that a change in custody from appellant to appellee was in best interests of children
1663073 Chauncey Lamont Montague v. Commonwealth of Virginia 01/20/2009
Trial court did not err in denying motion to suppress where evidence shows encounter between appellant and officer was consensual and that appellant was not seized until after officer learned of outstanding warrants for appellant’s arrest; evidence proved requisite intent to assault police officer
1988084 Kimberly I. Hoover v. Ivy H. Smith Co., LLC and Liberty Mutual Insurance Co. 01/20/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of and in the course of her employment
2280081 Janet M. Gibbons v. City of Hampton School Board 01/20/2009
Summary affirmance – no error in commission’s denial of appellant’s claim for permanent total disability benefits or in its finding that appellant failed to prove her brain injury was so severe as to render her unemployable in gainful employment
2652072 Genev Denise Clark, s/k/a Geneva Denise Clark v. Commonwealth of Virginia 01/20/2009
Rehearing En Banc granted
2656072 Genev Denise Clark, s/k/a Geneva Denise Clark v. Commonwealth of Virginia 01/20/2009
Rehearing En Banc granted
2069082 Commonwealth of Virginia v. Lorenzo Butler 01/15/2009
Trial court erred in granting motion to suppress heroin discovered following appellee’s arrest where officer had probable cause to believe appellee had committed a crime and to arrest appellee
0089084 Deborah Clare Olson v. Scott Charles Olson 01/13/2009
No error in child support award where trial court’s overall rationale for the downward deviation from child support guidelines was not an abuse of discretion or a misapplication of the statutes
0295082 Elizabeth Pollard Noakes v. Commonwealth of Virginia 01/13/2009
No error in trial court’s finding that appellant acted with criminal negligence and was guilty of involuntary manslaughter
0339082 Tavares Lamont Brown v. Commonwealth of Virginia 01/13/2009
Trial court erred in denying appellant’s motion to suppress where the officer lacked probable cause to arrest appellant for possession of cocaine found on ground in folded lottery slip
0871084 Cynthia Brooke Evans v. Xerox Corporation, Inc. and Continental Casualty Company 01/13/2009
Commission did not err in awarding a lien to employer against a civil damages award from an action against a third party or in setting the amount of the lien awarded
1467081 Angela Marie Knight v. City of Suffolk Department of Social Services 01/13/2009
Summary affirmance – trial court did not err in finding evidence proved termination of appellant’s parental rights to her daughter was in child’s best interests
1468081 Angela Marie Knight v. City of Suffolk Department of Social Services 01/13/2009
Summary affirmance – trial court did not err in finding evidence proved termination of appellant’s parental rights to her daughter was in child’s best interests
1829072 Henry Garfield Hollie v. Commonwealth of Virginia 01/13/2009
No error in trial court’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant was the person who took victim’s wallet; appellant’s argument that evidence was insufficient to prove he took credit cards with the intent to use or sell them barred by Rule 5A:18
1989082 VCU Health System Authority v. Claudia Bouhaidar 01/13/2009
Summary affirmance – commission did not err in finding that appellee sustained an injury by accident arising out of and in the course of her employment or in deferring to the deputy commissioner’s determination that appellee’s testimony was credible
2093083 Commonwealth of Virginia v. William Larry Lasley 01/13/2009
Trial court erred in granting motion to suppress where probable cause principles authorized the officer’s action as a search incident to arrest and the presence of probable cause moots argument that the officer exceeded the scope of a weapons frisk
2897072 John Shepherd Bell, III v. Commonwealth of Virginia 01/13/2009
No error in trial court’s denial of appellant’s motion to suppress cocaine found in a cigarette box where that evidence was admissible under the inevitable discovery doctrine
2948073 Lindsay Alan Bly v. Commonwealth of Virginia 01/13/2009
Trial court erred in refusing to grant appellant a new trial where exculpatory evidence known to the police at the time of his trial regarding the informant was not disclosed to appellant prior to his trial
0541082 Robert Wayne Wyant v. Commonwealth of Virginia 12/30/2008
Trial court did not err in denying appellant’s motion to dismiss his indictments on speedy trial grounds where appellant, by counsel, either acquiesced or failed to object to each continuance
0833072 Kahihl Leonard Venable v. Commonwealth of Virginia 12/30/2008
Trial court did not err in denying appellant’s motion to suppress where evidence was discovered as a result of a lawful arrest on an outstanding warrant and initial encounter between officers and appellant was consensual
0863082 Tricord Homes, Inc. and WCAMC Contractors Group Self-Insurance Association v. Armistead Marcus Smith 12/30/2008
No error in commission’s decision that appellee’s left knee condition was a compensable consequence of the injury by accident and that appellee’s current right knee condition causally relates to injury by accident; decision that Code § 65.2-708 did not operate to bar medical benefits to appellee’s left knee condition reversed
2795074 Nancy A. Hey v. Arlington County Department of Human Services 12/30/2008
Termination of appellant’s parental rights to her child affirmed where record shows no reversible error in trial court’s decisions allowing child’s previous guardian ad litem to testify in narrative form, allowing testimony of expert witness, and finding termination was in best interests of child
2796074 Christopher Slitor v. Arlington County Department of Human Services 12/30/2008
Record shows trial court considered appellant as potential guardian and did not err in finding that best interests of child at issue would not be served by placing child with appellant
2840074 Louise Hey v. Arlington County Department of Human Services 12/30/2008
No error in trial court’s finding that best interests of child at issue would not be served by awarding custody of child to appellant, the child’s grandmother
0238082 Juwon Desmond Jenkins v. Commonwealth of Virginia 12/23/2008
Issue of whether appellant was denied due process when the Commonwealth was allowed to present evidence on rebuttal that contradicted the evidence presented during its case-in-chief barred by Rule 5A:18 where due process argument not made to trial court
0426082 Jasper Freeman McMichael v. M.M. Wright, Inc., et al. 12/23/2008
Commission did not err in discounting appellant’s version of events leading to his injury due to his intoxication or in finding, once discounting appellant’s version, that appellant was the aggressor
0482081 Wendy Nemetz v. Virginia Employment Commission and Weisbrod & Phillips 12/23/2008
Trial court did not err in affirming VEC’s decision that appellant voluntarily left work and was therefore not eligible for unemployment benefits
1709081 Dominion Virginia Power and Dominion Resources, Inc. v. Cleveland N. Robertson 12/23/2008
Summary affirmance – no error in commission’s award of benefits to appellee
1853083 Big Lots Stores, Inc. and American Zurich Insurance Company v. Gladys Delaine Moore 12/23/2008
Summary affirmance – no error in commission’s award of benefits to appellee
1859072 Leonard Terrell Whitaker v. Commonwealth of Virginia 12/23/2008
Trial court did not err in denying appellant’s motion to suppress where the totality of the circumstances demonstrates officer had a reasonable suspicion that appellant was involved in criminal activity; appellant’s admission that he was armed justified actions in retrieving firearm and arresting appellant
1891083 Trisha Robeson v. Roanoke City Department of Social Services 12/23/2008
No error in trial court’s finding that clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interests and that appellee satisfied the statutory requirements necessary to support termination
1915074 Cecilia Alexis Ruiz v. Commonwealth of Virginia 12/23/2008
Trial court did not err in admitting telephone records into evidence, in overruling appellant’s objection to the admission of documents witness testified he received from appellant, or in instructing jury; appellant’s other arguments waived under Rule 5A:18
2147082 Joseph Earl Byrd, Jr. v. Dominion Virginia Power and Dominion Resources, Inc. 12/23/2008
Summary affirmance – no error in commission’s findings that appellant failed to prove he sustained an injury by accident arising out of his employment and failed to present any medical evidence that he was totally disabled a result of work-related injury; limitations period barred awards of benefits for his earlier compensable injury
2220072 Victoria C. Lee v. Commonwealth of Virginia 12/23/2008
Issue of whether officer used a police policy to inventory towed vehicles as a pretext to search her vehicle barred by Rule 5A:18 where issue argued to trial court was that inventory search was not permissible because police were not taking possession of the vehicle
2656072 Genev Denise Clark, s/k/a Geneva Denis Clark v. Commonwealth of Virginia 12/23/2008
Appellant’s conviction of assault reversed and warrant dismissed where evidence was insufficient as a matter of law to prove her conduct of standing outside victim’s bus and shouting verbal threats constituted assault
2889074 Juliette Mosteller v. Christopher Brooks, Sr. 12/23/2008
Trial court did not err in fashioning the equitable distribution award or in awarding attorney’s fees to appellee
3049073 Steven Arnell Hairston v. Commonwealth of Virginia 12/23/2008
Trial court did not err in finding evidence was sufficient to prove beyond a reasonable doubt that appellant possessed the specific intent to commit larceny when he unlawfully broke and entered the victim’s home
0104083 Jon Franklin Painter v. Commonwealth of Virginia 12/16/2008
Trial court did not err in finding evidence was sufficient to prove appellant was aware of methamphetamine and firearms and that they were subject to this dominion and control
2036072 Russell Morgan Green, III v. Commonwealth of Virginia 12/16/2008
Appellant’s convictions of possession of cocaine and possession of marijuana affirmed where appellant’s consent was not product of coercion because he was validly stopped for a traffic offense and his detention was not unreasonably prolonged when he consented to the search
2092083 James Lee Gill v. A & G Coal Corporation and American International South Insurance Company 12/16/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his depression was causally related to his compensable injury by accident
2104084 Thomas Michael Tully v. Commonwealth of Virginia, Department of Social Services, and et al. 12/16/2008
Summary affirmance – trial court did not err in denying and or dismissing appellant’s appeal of several orders from juvenile court and in denying and dismissing other motions related to child support
1523081 Lawrence Fauntleroy v. Newport News Department of Human Services 12/09/2008
Summary affirmance – trial court did not err in dismissing appellant’s appeal of the termination of his parental rights to his child where he failed to appear and prosecute his appeal
1610073 Minh Ngoc Tran v. Commonwealth of Virginia 12/09/2008
Trial court did not err in refusing to strike a juror for cause who indicated she could be impartial and disregard news accounts she had read; trial court did not err in instructing jury
1834083 Sadia Covington v. Lynchburg Department of Social Services 12/09/2008
Summary affirmance – no error in trial court’s finding that clear and convincing evidence supported termination of appellant’s parental rights to her child and that termination was in child’s best interests
1873071 Krystallynn Magno v. Commonwealth of Virginia 12/09/2008
Trial court did not err in finding evidence was sufficient to prove appellant willfully refused to provide necessary medical care for her child to support conviction of abuse and neglect of a child
1924083 Wythe County Community Hospital/Lifepoint Hospitals, Inc., et al. v. Tina Michelle Shupe 12/09/2008
Summary affirmance – commission did not err in awarding temporary total disability benefits and medical benefits to appellee where commission fully considered appellants’ argument and simply rejected it as commission was entitled to do
2223072 Ronnell Deon Glasow v. Commonwealth of Virginia 12/09/2008
No error in appellant’s conviction of possession of a firearm by a nonviolent felon where evidence established appellant’s constructive possession of firearm in plain view on basis of more than appellant’s proximity to firearm
2256071 Bernard Luther Dennis v. Commonwealth of Virginia 12/09/2008
Trial court did not err in amending warrant or in denying motion to dismiss where, prior to the amendment, warrant provided appellant with notice of nature and character of offense charged; trial court did not err in admitting prior conviction order to establish conviction for second offense driving under the influence
2314074 Terrick D. Barnes v. Commonwealth of Virginia 12/09/2008
Trial court did not err in denying motions to suppress the victim’s identification of appellant and to suppress evidence seized from search of appellant’s residence; evidence was sufficient to support convictions of aggravated malicious wounding and use of a firearm in commission of aggravated malicious wounding
2320071 Anthony David McDonald v. Commonwealth of Virginia 12/09/2008
Trial court did not err in finding evidence was sufficient to prove appellant’s conviction of embezzlement where it proved appellant wrongfully and fraudulently printed and misappropriated for his own benefit two money orders
2627073 Penny Haskins v. Commonwealth of Virginia 12/09/2008
Trial court did not err in finding evidence was sufficient to support conviction of possession of cocaine where trial court found witness’ testimony neither inherently incredible nor contrary to human experience and proved appellant had dominion and control over pipe containing cocaine residue even if her possession of it was not exclusive
2835073 Robert Allen Tackett v. Commonwealth of Virginia 12/09/2008
Trial court did not err in finding statement at issue was not hearsay but was used as a prior inconsistent statement for impeachment purposes; as appellant’s hearsay question granted by Court differs significantly from his argument concerning failure to lay a proper foundation, Court will only consider hearsay argument on appeal
2854072 Russell Sourdiff v. Commonwealth of Virginia 12/09/2008
Trial court did not err in denying motion to suppress where it found officer reasonably believed that owner of residence had authority to consent to entry of room where appellant was found and resultant discovery of cocaine and marijuana in plain view did not violate appellant’s Fourth Amendment rights
1421082 Commonwealth of Virginia v. Michael J. Conyngham 12/08/2008
Trial court did not err in suppressing evidence seized from appellee’s home based on its conclusion that magistrate was misled as to the existence of probable cause
0036084 Nicole Kandill v. Eric Kandill 12/02/2008
Trial court erred in finding appellee proved a material change in circumstances had occurred justifying a reduction of his child support obligation
0224084 Mark David Andersen v. Vicki Jean Andersen 12/02/2008
Trial court did not exceed its jurisdiction under Rule 1:1 by entering offset orders where the “final decree of divorce” was not a final order as it omitted any ruling on the valuation of appellant’s interest in marital home; determination of issue of whether trial court misapplied the offset precluded because appellant did not timely file a transcript or statement of facts
1628083 Stuart Forest Products, LLC and Firstcomp Insurance Company v. Everett Lee Vance 12/02/2008
Summary affirmance – no error in commission’s decision finding appellee proved a good faith effort to market his residual work capacity and as such was entitled to temporary total disability benefits and finding appellee reasonably and substantially complied with appellants’ vocational rehabilitation efforts
2621071 Gordon Andrew Zedd v. Commonwealth of Virginia 12/02/2008
Trial court did not err in holding appellant in contempt of court for advising his client he did not need to appear on scheduled trial date because appellant assumed the trial court would grant request for a continuance; argument regarding summary rather than indirect contempt waived as not raised before trial court
0214083 Samuel Dinnitt East v. Beth Bailey East 11/25/2008
No error in trial court’s awards of spousal support or attorney’s fees to appellee
0664081 Capitol Mechanical Contractors, Inc. and Hartford Fire Insurance Company v. Douglas W. Jenkins 11/25/2008
No error in commission’s decision ordering appellants to pay benefits and penalties due under an outstanding award for disability benefits
0864082 Chicks Construction and WCAMC Contractors Group Self-Insurance Association v. Cesar Rojas Torres 11/25/2008
No error in commission’s award of temporary total disability benefits for the disputed period where commission found appellee was in fact totally disabled during the relevant period not merely that appellee believed he was totally disabled
0905073 Michael Edward Jones Holmes v. Commonwealth of Virginia 11/25/2008
Trial court did not err in granting the Commonwealth’s motion in limine to exclude any reference by appellant’s counsel to the consequences of a verdict of not guilty by reason of insanity during the guilt phase of trial
0919083 Commonwealth of Virginia v. Dwayne Jamar Brown 11/25/2008
Trial court erred in treating appellee as a juvenile pursuant to Code § 16.1-272(A)(2) for purposes of sentencing on convictions for violating Code § 18.2-53.1; trial court was required to impose the mandatory minimum sentences set out in statute
0920083 Commonwealth of Virginia v. Demetrious Omar Brown 11/25/2008
Trial court erred in treating appellee as a juvenile pursuant to Code § 16.1-272(A)(2) for purposes of sentencing on convictions for violating Code § 18.2-53.1; trial court was required to impose the mandatory minimum sentences set out in statute
1308083 Scott Wayne Newton v. Bristol Department of Social Services 11/25/2008
Summary affirmance – no error in trial court’s finding that evidence proved by clear and convincing evidence that appellant’s parental rights to his children should be terminated and that termination was in children’s best interests
1614073 Jonathan Peter Grattan, II v. Commonwealth of Virginia 11/25/2008
Trial court did not err in finding that appellant was competent to stand trial or in excluding, pursuant to Code § 19.2-168.1(B), appellant’s mental health evidence regarding his sanity at the time of the offenses
2144082 Alice Marie Deane v. Marshalls, Inc./The TJX Companies, Inc. and et. al. 11/25/2008
Summary affirmance – no error in commission’s dismissal of appellant’s claim for temporary total disability benefits and mental duress on ground that it had been previously adjudicated and was res judicata
2194071 Guy Mark Aydlett, s/k/a Guy Adylett v. Commonwealth of Virginia 11/25/2008
No error in trial court’s finding that evidence was competent, credible, and sufficient to prove beyond a reasonable doubt that appellant was guilty of possession of cocaine with intent to distribute
0002081 Robert Pellek and Stacy Pellek v. Heather Ann Byers 11/18/2008
Trial court’s award of attorney’s fees to appellee is reversed and vacated as the trial court had no statutory authority to award attorney’s fees
0458081 James D. Ford v. Deborah A. Ford 11/18/2008
No error in trial court’s findings regarding the grounds for divorce, the spousal support award, and the classification and valuation of the parties’ property
1433082 Stanley Hubbard v. Cyrenne Hubbard 11/18/2008
Summary affirmance – no error in trial court’s rulings on the issues of spousal support, child support, and equitable distribution
1620071 Michael Anthony Dizon v. Commonwealth of Virginia 11/18/2008
As this Court declines to invoke the ends of justice exception to Rule 5A:18 in this case and holds that appellant’s argument on appeal is procedurally barred, appellant’s convictions for possession of cocaine, possession of a firearm by a convicted felon, and possession of a firearm while possessing cocaine are affirmed
1646073 Michael Wayne Vance v. Commonwealth of Virginia 11/18/2008
No error in trial court’s finding that appellant acted in a criminally negligent manner; appellant’s conviction of involuntary manslaughter is affirmed
1121081 Drew W. Allbritten v. Renee E. Allbritten 11/12/2008
Trial court’s order regarding child support reversed and remanded to trial court to determine whether a change in child support is justified and if so to provide written findings for any deviation from presumptive child support amount
1177083 Reginia Gayle Roman, f/k/a Reginia Gayle Price v. Vincent J. Price 11/12/2008
Summary affirmance – trial court did not err in confirming report of commissioner in chancery
2140074 Michael Joseph Hockensmith v. Commonwealth of Virginia 11/12/2008
No error in trial court’s findings that evidence supported venue was proper in Loudoun County and that evidence was sufficient to support finding that appellant possessed the cocaine in Loudoun County
2373072 Jennifer L. Dunwody v. John R. Dunwody 11/12/2008
Trial court did not err in applying factors contained in Code § 20-107.1(E) in awarding spousal support to appellee and did not err in awarding attorney’s fees and costs to appellee
2472071 Michael Andre Artis v. Commonwealth of Virginia 11/12/2008
Trial court did not err in failing to consider appellant’s motion to strike his DUI charge on constitutionality of local code section where he failed to give proper notice of his motion
2631071 Steven Lee Wood v. Commonwealth of Virginia 11/12/2008
Appellant’s contention that trial court erred in admitting a document showing a prior conviction for larceny during guilt phase of trial because it contained sentencing information without merit as nothing in record indicates information at issue was seen by jury
0088084 Mount Vernon Hospital and Inova Health System Foundation v. Betty Lou Devers 11/04/2008
Commission did not err in finding that appellee was entitled to permanent total disability benefits as a result of her compensable workplace injury
0326081 William John Miller v. Commonwealth of Virginia 11/04/2008
Trial court did not err in denying motion to suppress where officer had articulated his concern for officer safety, thereby, justifying the pat-down search of appellant
1161073 Edwin Lester Falls, Jr. v. Commonwealth of Virginia 11/04/2008
Trial court did not err in denying appellant’s motion to strike the Commonwealth’s evidence or in finding evidence was sufficient that appellant unlawfully possessed a firearm to support conviction of possession of a firearm after having been convicted of a felony
1409081 Dominion Virginia Power and Dominion Resources, Inc. v. Harold Dean Flora, Jr. 11/04/2008
Summary affirmance – no error in commission’s findings that appellee’s psychiatric disability was related to his compensable injury by accident, that he has been totally disabled and had no duty to market, that referral to psychologist was appropriate, that he has reached maximum medical improvement with regard to one leg, and that he sustained permanent partial impairment of leg
1591073 Kelis Allen Hamilton v. Commonwealth of Virginia 11/04/2008
Trial court did not err in finding that evidence was sufficient to find appellant was a member of a criminal street gang, that assaults of two of victims were committed by mob, and that appellant was a member of a mob that assaulted three victims
1972073 Pamela Ruth Hatfield v. Commonwealth of Virginia 11/04/2008
Trial court did not err in refusing to quash indictment where appellant failed to prove this conviction of embezzlement encompassed the same embezzlement for which she was indicted and pled guilty in a different county
2129073 Steven Albert Withee v. Commonwealth of Virginia 11/04/2008
No reversible error in trial court’s decision to allow investigating officer to testify that she did not believe child victim was lying, in allowing victim to testify to other acts committed on her by appellant other than date set out in bill of particulars, or in granting continuances either agreed to by his counsel or due to unavailability of Commonwealth’s witness
2264071 Elizabeth Ann Sedgwick, etc. v. Commonwealth of Virginia 11/04/2008
Trial court lacked subject matter jurisdiction to enter order modifying the conditions of sentence suspension more than 21 days after appellant’s 2002 sentencing order had become final; order requiring appellant to not take any action or seek custody or visitation of her child through any court, in any jurisdiction or country vacated
3094072 William Justin Wise v. Nelida Velazquez 11/04/2008
Trial court did not err in granting petition of appellee to amend her visitation with appellant’s minor child; claims that trial court erred in failing to find denial of visitation awarded to appellee would be harmful to child’s health or welfare, failing to find awarded visitation was in child’s best interest, and in refusing to allow him to present financial situation evidence without merit
1206082 Odessa W. Winfield v. Southside Virginia Training Center 10/28/2008
Summary affirmance – appellant’s arguments on appeal barred by Rule 5A:18
1297071 Tywone Lovell Wilkins v. Commonwealth of Virginia 10/28/2008
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of four counts of statutory burglary and four counts of grand larceny
1606084 Kenneth Fontaine v. Tina Fontaine 10/28/2008
Summary affirmance – record on appeal does not support appellant’s position on appeal that the trial court’s order regarding the effective date of a protective order is error
2143074 Ronald Michael Young, Jr. v. Commonwealth of Virginia 10/28/2008
Trial court did not err in denying motion to suppress appellant’s inculpatory statements made during his mistaken belief that the interview resulted from plea negotiations initiated by his counsel involving a different robbery
1050083 James William Burton v. Lisa Barile 10/21/2008
Summary affirmance – evidence supported trial court’s finding that equity in former marital residence should be divided equally
1210082 Trysha L. Graves v. Petersburg Department of Social Services 10/21/2008
Trial court did not err in determining evidence was sufficient to support finding that appellee proved by clear and convincing evidence that termination of appellant’s parental rights to her three children was in their best interests
1475084 Brad Allen Potter v. Team Ruthless, L.L.C. and Travelers Insurance Company 10/21/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his injury, sustained while participating in an employer-sponsored martial arts seminar, did not arise out of and in the course of his employment
1724073 Larry Daniel Walker, Jr. v. Commownealth of Virginia 10/21/2008
Trial court did not err in refusing to allow witness to testify about a statement that was allegedly made by a codefendant where appellant failed to establish that the witness himself was unavailable to testify; evidence was sufficient to support appellant’s conviction of grand larceny
2673072 John Sanford Boisseau v. Lee Wood Boisseau 10/21/2008
Trial court erred in classifying funds borrowed from appellant’s family trust, which were used to pay marital expenses from which both parties benefited, as appellant’s separate debt
2755072 The Haven Shelter & Services, Inc. v. Megan E. Hay 10/21/2008
Trial court erred in determining the evidence did not support the finding by the Virginia Employment Commission that appellee committed misconduct disqualifying her from receiving unemployment benefits; commission’s decision denying benefits reinstated
2765072 Virginia Employment Commission v. Megan E. Hay 10/21/2008
Trial court erred in determining the evidence did not support appellant’s finding that appellee committed misconduct disqualifying her from receiving unemployment benefits; appellant’s decision denying benefits reinstated
1070072 Saleem Ameer Williams v. Commonwealth of Virginia 10/14/2008
Trial court did not abuse its discretion in admitting letter written by victim to her school counselor as a recent complaint under Code § 19.2-268.2 or in failing to give jury cautionary instruction regarding the letter when appellant did not request such an instruction and trial court was not required to give one sua sponte
1123083 Commonwealth of Virginia v. Jonathan Ray Swift 10/14/2008
Trial court did not err in granting appellee’s motion to suppress where evidence was sufficient to support a finding that appellee did not freely and voluntarily give consent to search
1136084 Galeet Benzion Westreich v. Jonathan D. Westreich 10/14/2008
Summary affirmance – no error in trial court’s order granting primary physical custody of minor children to appellee and visitation to appellant
1600071 Antonio M. Lightfoot v. Commonwealth of Virginia 10/14/2008
Trial court erred in denying appellant’s motion to suppress where officers had no reasonable belief that appellant was armed and presently dangerous and appellant’s consent to search was causal result of the illegal pat down
2021072 Christopher Richmond Coleman v. Commonwealth of Virginia 10/14/2008
Trial court did not err in denying motion to suppress because officers had probable cause to believe appellant committed misdemeanor of possessing a concealed weapon; evidence was sufficient to support conviction of obstructing a law enforcement officer in performance of his duties where appellant knowingly, and without just cause, obstructed officers
2248073 Scott M. Scarborough v. Virginia Employment Commission and Schrader-Bridgeport International, Inc. 10/14/2008
Summary affirmance – decision of trial court affirming finding of Virginia Employment Commission that appellant was disqualified from receiving unemployment benefits because he was discharged for misconduct connected with work is affirmed
2964071 Christopher E. Hawk v. Helen J. Hawk 10/14/2008
Summary affirmance – appellant’s issues regarding decision of commissioner in chancery, which was accepted with a few changes by trial court, either barred by Rule 5A:18 or without merit
3057073 Jerrty Lee Stoneman v. Dana Grubb Stoneman 10/14/2008
Summary affirmance – appellant’s Rule 1:1 argument barred by Rule 5A:18; additional issue argued on appeal was not encompassed in the question presented
3132063 Livingston Pritchett, III v. Commonwealth of Virginia 10/14/2008
Trial court did not err in denying appellant’s motion for change in venue where appellant did not overcome presumption that he could receive fair trial in jurisdiction where crime occurred; trial court did not err in finding that reason for prosecutor’s peremptory challenge was race-neutral
0850082 Carol Lynn Rader v. Goochland County Department of Social Services 10/07/2008
Summary affirmance – no error in trial court’s approval of the permanent foster care plan and in refusing to adopt a specific visitation schedule for appellant’s visitation with her child
0899073 Charlie Bert Sloan, III v. Commonwealth of Virginia 10/07/2008
No error in trial court’s findings that evidence was sufficient to support appellant’s conviction of arson and that appellant was not entitled to a new trial due to a juror’s hearing impairment where record shows she was capable of discharging her duty as a juror
1078072 Brian Neil Wood v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding evidence was sufficient to support convictions pertaining to one of appellant’s victims and did not err in finding that appellant’s other victim was under age thirteen at the time of his sexual contact with her; convictions of taking indecent liberties with a minor, forcible sodomy, and aggravated sexual battery affirmed
1088084 Renee Rochelle Hamilton v. Peter Joseph Hamilton 10/07/2008
Summary affirmance – no error in trial court’s rulings on the child support award, contempt proceedings, and attorney fees award
1178073 Samuel Gochez v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of involuntary manslaughter where it proved appellant showed a reckless disregard for human life constituting criminal negligence
2090072 Genesis McLean, s/k/a Genesis Saunders McLean v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding evidence sufficient to support appellant’s convictions of second-degree murder and robbery where evidence proved appellant was present during and assisted in victim’s death, shared requisite criminal intent, and intended to take victim’s property at the time of the violence which caused his death
2235071 Brandon Carter, s/k/a Brandon Lee Carter v. Commonwealth of Virginia 10/07/2008
Trial court did not err in convicting appellant of abuse and neglect of a child where evidence proved appellant failed to obtain medical treatment for the badly burned baby while the child was under his care and responsibility
2959063 Eugene Bobby Calloway v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding that appellant violated the terms and conditions of his probation, in revoking appellant’s suspended sentences, and in declining to suspend any part of the reimposed sentences
3010074 Tonjia M. Demuth v. Richard P. Demuth 10/07/2008
Trial court erred in providing for an automatic change in custody of the parties’ child in the event of a possible change in circumstances
0236084 Daniel Payne Shadwell v. Commonwealth of Virginia, Department of Social Services, etc. 09/30/2008
Summary affirmance – no error in trial court’s denial of appellant’s motion seeking review of his appeal bond where statute pertaining to appeal of support arrearage from juvenile court contains no indigency exception
0404073 Wayne L. Rodgers v. Kelly D. Rodgers 09/30/2008
Summary affirmance – no error in trial court’s custody determination
0485082 Michael Allen Clark, Sr. v. Orange County Department of Social Services 09/30/2008
Trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant failed, without good cause, to main continuing contact with child, failed to substantially plan for child’s future for six months after he was placed in foster care, and termination was in child’s best interests
0781081 Steve Austin v. Newport News Department of Human Services 09/30/2008
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where evidence supported decision that termination was in children’s best interest
1046082 Commonwealth of Virginia v. Jermaine Marvin Moody 09/30/2008
Trial court erred in suppressing the firearm found at the scene and the statements appellant made to the police as officers had probable cause to arrest appellant and thus he was not improperly seized
1329072 Jermaine Leon Thurston v. Commonwealth of Virginia 09/30/2008
No error in appellant’s conviction of voluntary manslaughter where jury rejected appellant’s self-defense argument and found that evidence proved that amount of force appellant used was not reasonable in relation to the harm threatened
1485071 Michael Lee Ellis v. Commonwealth of Virginia 09/30/2008
Appellant’s argument on appeal, that trial court erred in admitting into evidence 911 calls because they were unduly prejudicial, was not made in the trial court and is barred by Rule 5A:18
0365082 Jasper Harris, Jr. v. Virginia Employment Commission et al. 09/23/2008
Summary affirmance – no error in trial court’s affirmance of VEC decision finding that appellant was disqualified from receiving unemployment benefits from his employer because his employer had discharged him for misconduct connected with his work
0578082 Qibla Angel v. Prince George Department of Social Services 09/23/2008
No error in trial court’s termination of appellant’s parental rights to her children where evidence proved appellant was unable or unwilling to remedy her problems resulting in foster care for her children and that appellant was unable to provide food, clothing, and shelter for her children
0689084 Bernard L. Dinicola, Jr. v. Target Corporation 09/23/2008
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by two-year statute of limitations and that claim was not compensable even if it had been timely filed
0860082 Nancy Kathryn Haussmann v. University of Virginia Hospital/Commonwealth of Virginia 09/23/2008
Summary affirmance – no error in commission’s finding that appellant’s asthma and allergies were ordinary diseases of life and she failed to prove that the conditions of her workplace caused her asthma and allergies
0999083 Sandy River Medical Center and Companion Property & Casualty Insurance Company v. Joan B. Holt 09/23/2008
Summary affirmance – no error in commission’s findings that appellants failed to prove appellee was capable of returning to her pre-injury employment and that appellee’s continuing disability is causally related to her compensable injury by accident
1174082 John Daniel Grantham v. B & S Landscaping, Inc., Sedgwick Claims Management Services, Inc. et al. 09/23/2008
Summary affirmance – no error in commission’s denial of appellant’s claim for medical expenses, mileage reimbursement, and prescriptions associated with treatment by a doctor and his claim for payment of the cost of gym membership and mileage reimbursement to the gym; appellee’s additional questions raised on appeal also without merit
1537071 Anthony Boone, s/k/a Anthony Breyeone Boone v. Commonwealth of Virginia 09/23/2008
Trial court did not err in finding that the totality of the circumstances demonstrated that appellant possessed marijuana with the intent to distribute it
1797071 Christopher Ryan Piggott v. Commonwealth of Virginia 09/23/2008
Trial court did not err in concluding evidence was sufficient to find that appellant attempted to kill the officer and supported conviction of attempted capital murder of police officer
1993071 Romann A. Thomas v. City of Hampton 09/23/2008
Trial court did not err in denying motion to strike where appellant’s convictable disorderly conduct was not comprised solely of conduct otherwise punishable under Chapter 24 of the Hampton City Code
2003071 Henry Milian, s/k/a Henry Lee Milian v. Commonwealth of Virginia 09/23/2008
Trial court did not err in denying motion to suppress evidence obtained as a result of a search warrant where facts appellant argues were wrongly omitted from affidavit for the search warrant had no bearing on existence of probable cause
2966071 Charlton Ali Gantt v. Commonwealth of Virginia 09/23/2008
Trial court did not err in denying motion to suppress the victim’s in-court and out-of-court identifications where trial court found victim’s identification was reliable; evidence was sufficient to support conviction of robbery
0518084 Al Gleeson Electrical Co., Inc . and Travelers Casualty and Surety Co. v. Forrest J. Hatcher 09/16/2008
Summary affirmance – no error in commission’s findings that appellee sustained an injury by accident occurring in curse of his employment, that appellee gave timely notice to appellants, and that appellee’s meniscus tear in his left knee was causally related to his compensable injury by accident
0988081 Tracy A. Kohut v. Piedmont Regional Education Program and VSBA Workers Compensation Group 09/16/2008
Summary affirmance – appellant’s arguments on appeal either waived or without merit
1043082 Euro Composites Corporation and Companion Property et al. v. William Frederick Lekebusch 09/16/2008
Summary affirmance – no error in commission’s finding that appellee proved his cervical surgery was causally related to his compensable injury by accident and therefore appellants are responsible for costs of that surgery and related treatment
1240081 Clifton Lee Burns, Jr. v. Northrop Grumman Corporation et al. 09/16/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his right lateral epicondylitis constituted a compensable occupational disease or ordinary disease of
2648073 Willard R. Meadows v. Daniel W. Smith 09/16/2008
Summary affirmance – appellant’s arguments on appeal either waived or without merit
1026073 Jason Ramon Jordn v. Commonwealth of Virginia 09/09/2008
Evidence was sufficient to support jury’s finding that appellant was guilty of first-degree murder where it proved that victim died as a result of a criminal act, that appellant committed the act, and that he did so willfully and with premeditation and deliberation
0106081 Teresa A. Grimes v. Warden L. Grimes 09/02/2008
No error in trial court’s finding of the spousal support award and the classification and valuation of the parties’ property
0597083 Julio Santos v. Franklin County Department of Social Services 09/02/2008
Judgment of trial court affirmed where a transcript or statement of facts is necessary for resolution of issue of sufficiency of evidence to support trial court’s decisions and appellant’s statement of facts was not timely filed with clerk of trial court
1465072 Irvin Stevens v. Commonwealth of Virginia 09/02/2008
Trial court did not err in admitting into evidence a certificate of analysis that had been improperly filed in another of appellant’s related cases and had been provided to him upon his request for the certificate of analysis in that case
0232073 Justin William Swanson v. Commonwealth of Virginia 08/26/2008
Evidence was sufficient to support jury’s holding that, by repeatedly ramming his truck into trooper’s cruiser, appellant engaged in conduct proving he intended to maliciously wound trooper; no fatal variance existed between indictment and proof at trial to require dismissal of hit-and-run char
0546084 Roman Douglas v. Alexandria Department of Human Services 08/26/2008
Trial court did not err in terminating appellant’s rights to her child where that termination was supported by clear and convincing evidence that appellant was unwilling or unable within a reasonable period of time to remedy substantially conditions leading to child’s placement in foster care
0727083 R.R. Donnelley & Sons Company v. Michael Rodgers 08/26/2008
Summary affirmance – no error in commission’s finding that appellee has suffered anxiety, depression, a mild traumatic brain injury, and post-concussive syndrome casually related to his compensable work-related injury
1971073 Janice G. Brown v. TJ Enterprises, Inc. and Companion Property and Casualty Insurance Company 08/26/2008
Summary affirmance – no error in commission’s decision that claim for medical treatment was barred by res judiciata and that appellant failed to sustain her burden of proving such treatment was causally related to her compensable injury by accident
2039073 Angel Lee Parks v. Wythe County Department of Social Services 08/26/2008
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interest and that appellee satisfied statutory requirements of Code § 16.1-283(B) to support such termination
2628074 Michael K. Hardey v. Elizabeth Metzger 08/26/2008
No error in trial court’s findings regarding the property settlement agreement, the contempt of court request, and the award of attorney’s fees to appellee; error in trial court’s calculation of prejudgment interest payable to appellee
0469082 Jamie Lynn Foster v. Madison County Department of Social Services 08/19/2008
No error in trial court’s decision to terminate appellant’s parental rights to her child where evidence proved termination was in child’s best interests, appellant failed, without good cause, to maintain continuing contact with child, failed to plan for child’s future, and failed to remedy substantially conditions which led to or required continuation of foster care placement
0538081 Sharon H. Welch v. Newport News Department of Human Services 08/19/2008
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved that termination of appellant’s parental rights to her child was in child’s best interests
0739081 Dominic D. Robinson v. Hampton Redevelopment and Housing Authority, et al. 08/19/2008
Summary affirmance – no error in commission’s finding that statute of limitations barred appellant’s claim and that appellant failed to prove any legal basis for tolling the statute of limitations
0932082 Hospira Worldwide, Inc. and XL Specialty Insurance Company v. Christine Schanne Cook 08/19/2008
Summary affirmance – no error in commission’s findings that appellee proved an injury by accident arising out of and the course of her employment and that appellee sustained a back injury causally related to the accident and award of medical benefits affirmed
0412072 Michael Wayne Frey v. Commonwealth of Virginia 08/12/2008
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of embezzlement where evidence proved appellant misappropriated victim’s funds when he cashed check and failed to purchase materials for which the check was given
0753082 Donald B. Kellum, III v. W.J. Rapp Company, Inc. and Commonwealth Contractors Group Self-Insurance 08/12/2008
Summary affirmance – appellant did not raise issue of whether commission erred in setting aside outstanding award based on its finding that award was procured by fraud, instead of terminating it, before the commission, and argument is barred by Rule 5A:18
0938083 Gary Lee Dillon v. Auto Truck Transport and Zurich American Insurance Company 08/12/2008
Summary affirmance – no error in commission’s affirmance of deputy commissioner’s decisions regarding appellant’s claim for benefits
0949084 Pilgrims Pride Corporation and Zurich American Insurance Company v. Angelica Pizano-Murillo 08/12/2008
Summary affirmance – no error in commission’s findings that appellants failed to prove appellee’s work-related injury was result of willful misconduct or violation of known safety rule and that appellee was entitled to temporary total disability benefits
0967073 Jesse D. Cayton, Jr., s/k/a Jesse Delwin Cayton, Jr. v. Commonwealth of Virginia 08/12/2008
No error in appellant’s convictions of the first-degree murder of his wife and use of a firearm in the commission of that murder where evidence was sufficient to conclude appellant acted with malice
0986073 Calvin Earnest Myers v. Commonwealth of Virginia 08/12/2008
Trial court did not err in admitting evidence from appellant’s ex-girlfriend in a victim impact statement and in considering unadjudicated criminal acts against ex-girlfriend in pre-sentence report at sentencing proceeding pursuant to appellant’s no contest plea
1006082 Blanche May Roberts v. Paramount King's Dominion/Viacom, Inc. et al. 08/12/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove injuries to her feet, ankles, or neck/shoulder as result of compensable injury by accident
1013072 Sarah Kathryn Starkey McMurtrie v. Daniel Hillenbrand McMurtrie 08/12/2008
No error in trial court’s decision to award sole legal and primary custody of parties’ children to appellee
1014072 Daniel Hillenbrand McMurtrie v. Sarah Kathryn Starkey McMurtrie 08/12/2008
No error in trial court’s decisions regarding its refusal to allow therapist to testify, its award of visitation to appellee, and its decision regarding child support
1347064 Helen Brazell v. Fairfax County Department of Family Services 08/12/2008
Summary affirmance – trial court did not err in denying appellant’s motion for a continuance; appellant’s arguments regarding her request for court-appointed counsel and the sufficiency of the evidence to support termination of her parental rights to three of her children barred by Rule 5A:18
1852071 Mark Bennett and Lisa Bennett v. Elizabeth Ann Bennett-Smith 08/12/2008
Trial court did not err in exercising jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act based upon temporary emergency jurisdiction and pursuit of custody by appellants in Virginia; trial court did not err in determining that appellants failed to rebut the parental presumption in favor of appellee and awarding sole legal and physical custody of child to appellee
2102063 Wendell Wallace Terry v. Commonwealth of Virginia 08/12/2008
Issue of whether trial court erroneously applied a defense of property standard rather than a defense of person standard in considering claim of self-defense is self-defeating as appellant denied committing any offense against the officers and produced no evidence in support of claim of self-defense and issue was only raised by counsel in closing argument
2595072 Willie Twyman v. Commissioner, Virginia Department of Social Services 08/12/2008
Summary affirmance – no error in trial court’s affirmance of agency determination that appellant sexually abused a child in his care
0714082 Commonwealth of Virginia v. Thomas Renaldo Johnson 08/11/2008
No error in trial court’s suppression of evidence as officer failed to corroborate any criminal behavior and had no factual basis upon which to rest a reasonable, articulable suspicion for making a traffic stop; as seizure of appellant was unsupported by reasonable suspicion of illegal activity, appellant’s Fourth Amendment protection against unreasonable searches and seizures was violated
0220072 Ernest Baker v. Commonwealth of Virginia 08/05/2008
No error in appellant’s conviction of trespassing where evidence proved the property appellant went upon was owned by another person and the property was posted with a “No Trespassing” sign
0380081 Donna M. Conner v. Commonwealth of Virginia/Department of Social Services 08/05/2008
Summary affirmance – trial court did not err in sustaining the administrative hearing officer’s decision of a sanction against appellant suspending her TANF benefits for her failure to comply with required job search requirements
0632082 Heather Horton Crossman v. Harrisonburg Rockingham Social Services District 08/05/2008
Summary affirmance - trial court did not err in finding it lacked jurisdiction and in dismissing appellant’s petition for visitation of child as child was over the age of eighteen
0797084 Michael Suggs v. Southland Concrete Corp. and American Home Assurance Co./AIG Domestic Claims, Inc. 08/05/2008
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by his willful misconduct
1657072 Gahaad Jackson v. Commonwealth of Virginia 08/05/2008
Trial court did not err in denying appellant’s motions to suppress evidence obtained from two searches; officer had reasonable articulable suspicion to stop appellant for violation of noise ordinance and officer’s motives for approaching appellant were irrelevant
1919064 Walter H.C. Drakeford v. Lisa M. Drakeford 08/05/2008
Trial court did not err in finding appellant in contempt for failure to pay an installment of a court-ordered monetary award as record does not show that trial court took any action to actually enforce the award during the automatic stay pursuant to appellant’s filing of a bankruptcy petition
2605074 C. G. v. Virginia Department of Social Services 08/05/2008
No error in trial court’s decision sustaining the administrative finding of appellee that appellant sexually abused his minor granddaughter; as the proceeding was civil in nature, appellant’s challenge to appellee’s subject matter jurisdiction is without merit
2693074 Denise S. Lee v. Frederick County Department of Social Services 08/05/2008
Trial court did not err in denying appellant’s motion to return custody of her child to her at the dismissal of the delinquency proceedings as the juvenile court lacked jurisdiction to dismiss one of the charges where it had earlier adjudicated the child delinquent and committed child to appellee and that final order was not appealed
2735071 State Water Control Board v. Captain's Cove Utility Company, Inc. 08/05/2008
Trial court erred in reversing decision of Board where, based on agency record, the decision to deny appellee’s application for a permit was supported by evidence and Board’s interpretation of its own regulations was not arbitrary and capricious
0756083 Morningstar Foods, L.L.C./Dean Foods Company et al. v. Richard Carl Perotti 07/29/2008
Summary affirmance – no error in commission’s finding that appellee proved his ongoing symptoms and associated medical treatment are causally related to his compensable injury by accident
1018072 Kenneth Anthony Clanton v. Commonwealth of Virginia 07/29/2008
Trial court erred in finding evidence was sufficient to support convictions of abduction and use of firearm in commission of abduction of infant where record does not support conclusion that appellant removed the child from parent’s room without legal justification
1781072 Tilman A. Nadolski v. Anja Ingebourg Heyne Nadolski 07/29/2008
Error in part in final decree determining rights of the parties under the parties’ post-nuptial agreement; matter remanded to trial court for further consideration
2035062 Issac Grinell Simmons v. Commonwealth of Virginia 07/29/2008
Trial court did not err in denying appellant’s motion to suppress evidence of cocaine found in the car he was driving just prior to his arrest for trespassing or in finding evidence sufficient that appellant unlawfully possessed the cocaine with the intent to distribute
2596072 Eurie Jones v. Sandra Jones 07/29/2008
Summary affirmance – appellant’s endorsement of “seen and objected to” on the final order is insufficient to preserve her issues for appeal under Rule 5A:18
2686074 Josiah Beatty v. Alexandria Department of Human Services 07/29/2008
Trial court did not err in terminating appellant’s parental rights to his three children as record does not support appellant’s conclusion that his constitutional rights under the Thirteenth and Fourteenth Amendments were violated
0153083 James Spencer Carr v. Pulaski County Department of Social Services 07/22/2008
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his minor son where it found clear and convincing evidence required termination
0253081 City of Norfolk School Board v. Dianne Mitchell 07/22/2008
Appellant’s argument of issue of termination for cause was never appealed to full commission and is barred by Rule 5A:18
0764083 Jerry Lee Salyers v. Mark Freeman Associates, Inc. and Amerisure Mutal Insurance Company 07/22/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove he has Meniere’s disease as a result of his compensable injury by accident
1005083 Jody Douglas Bales v. K & O Synthetics, Inc. and Auto-Owners Insurance Company 07/22/2008
Summary affirmance – commission did not err in dismissing appellant’s August 2006 claim with prejudice
1165071 Larmont D. Booker v. Commonwealth of Virginia 07/22/2008
Trial court did not err in denying appellant’s motion to suppress evidence obtained during lawful stop of vehicle and only a couple of minutes elapsed between the time officer asked appellant to wait behind vehicle and appellant’s admittedly lawful arrest
2398064 Darryl Ponce Kinnard v. Commonwealth of Virginia 07/22/2008
No error in trial court’s denial of appellant’s pretrial motion to sever his charges for separate trials where a reasonable jurist could find, under the facts of this case, that they were connected or constituted parts of common scheme or plan
2414074 David Irving Rosedale v. Pamela Joy Rosedale 07/22/2008
Trial court erred in awarding appellee more of appellant’s 401(K) plan than she requested; equitable distribution award reversed and remanded to trial court for further consideration
2726074 Bernard L. DiNicola v. Target Corporation 07/22/2008
Summary affirmance – no error in commission’s findings that appellant failed to prove he was disabled from work as a result of his compensable October 2004 injury by accident, that appellant failed to prove he sustained an injury by accident during the course of his employment in December 2005, and that the deputy commissioner did not err in failing to strike appellee’s defenses
2819074 Rashida Clayton v. Alexandria Department of Human Services 07/22/2008
Trial court did not err in denying appellant’s motion to dismiss the termination petition signed by an intern student and finding that the intern acted as an “agent” under the direction of her supervisor; no violation of appellant’s due process rights where appellee had no constitutional duty to provide appellant with legal counsel during family group conference
0023084 Larry S. Stotler v. Christina M. Duvall 07/15/2008
Summary affirmance – no error in trial court’s denial of appellant’s petition to hold appellee in contempt of the court’s final custody and support order
0499084 Riaz A. Khan v. Aerolink Transportation and Hartford Insurance Company of the Midwest 07/15/2008
Summary affirmance – no error in commission’s dismissal of appellant’s January 22, 2004 claim
0713071 Antoni Jamel Lee v. Commonwealth of Virginia 07/15/2008
Trial court did not err in admitting evidence that appellant possessed cocaine at the time of his arrest for possession of a firearm by a convicted felon
0812071 Darryl Tyrone Dozier, Jr. v. Commonwealth of Virginia 07/15/2008
Trial court did not err in denying appellant’s motion to suppress his recorded statement to police where evidence showed appellant reinitiated discussion with the officer after he had invoked his right to remain silent; appellant’s sufficiency of the evidence argument not preserved for appellate review
0977072 Melissa Greene, s/k/a Melissa A. Greene v. Commonwealth of Virginia 07/15/2008
Appellant’s sentence, pursuant to her guilty plea, for embezzlement affirmed as it falls within the permissible statutory range
1471072 Ricky O'Brian Campbell v. Commonwealth of Virginia 07/15/2008
Appellant’s conviction of leaving the scene of an accident involving personal injury or death is reversed as Court cannot determine, on the facts in the record, whether appellant was “involved” in the accident as contemplated by Supreme Court decision in Robinson v. Commonwealth, 274 Va. 45, 645 S.E.2d 470 (2007)
1863071 Eric Shapell Sanders v. Commonwealth of Virginia 07/15/2008
No error in appellant’s conviction of felony eluding where evidence was sufficient to support finding that venue was proper in City of Newport News; evidence was sufficient to prove appellant had been adjudicated delinquent at age 14; evidence was sufficient to support finding that appellant possessed cocaine beyond a reasonable doubt
2229072 John Quinn, Inc. and WCAMC Contractors Group Self-Insurance Association v. Lawrence E. Barry 07/15/2008
Award of temporary partial disability benefits to appellee reversed where appellee failed to meet his burden of proving that he had marketed his residual work capacity
3001073 Jeffrey Cassell v. Diana Billips, f/k/a Diana Cassell 07/15/2008
Summary affirmance – no error in trial court’s finding that division of appellant’s retirement benefits should not be limited to appellant’s salary as of the date of separation
0143083 Sue Ann Bowman v. Roanoke City Department of Social Services 07/08/2008
Trial court did not err in finding evidence was sufficient to show termination of appellant’s parental rights to her child was in child’s best interests
0391084 Ebrahim Radbod v. County of Arlington and Schaffer Companies, LTD. 07/08/2008
Summary affirmance – no error in commission’s finding that employer sustained its burden of proving appellant committed willful misconduct which barred his claim
0594083 Clyde Keith Cale v. Nibco, Inc. and Zurich American Insurance Company 07/08/2008
Summary affirmance – no error in commission’s decision to suspend appellant’s temporary total disability benefits based upon a finding that appellant was fully able to perform his pre-injury employment
0654072 Arik Wilder, s/k/a Arik Stefon Wilder v. Commonwealth of Virginia 07/08/2008
No error in appellant’s conviction of possession of a firearm after having been adjudicated delinquent as a juvenile of an act that would be a felony if committed by an adult where juvenile court records showed that appellant was declared delinquent as a result of carrying a pistol into a public school, a Class 6 felony
1202073 Andy Ray McKinney v. Commonwealth of Virginia 07/08/2008
Evidence sufficient to support appellant’s conviction of being a principal in second degree to voluntary manslaughter where appellant’s words, gestures, and actions demonstrated he shared the criminal intent to kill the victim
1588071 Dennis Wayne Mahoney Ramsey v. Commonwealth of Virginia 07/08/2008
Appellant’s conviction of receiving stolen property reversed and dismissed where evidence was insufficient to prove that appellant had possession and control of the stolen vehicle in the City of Virginia Beach
2033072 Cary Andrae Deslandes v. Commonwealth of Virginia 07/08/2008
No error in appellant’s conviction of failure to appear where evidence proved appellant’s failure to appear, even though appellant was incarcerated in another jurisdiction, was willful
2362072 Michelle Adams, a/k/a Michelle Adams Pulley v. Richmond Department of Social Services 07/08/2008
No error in trial court’s termination of appellant’s parental rights to her child where evidence proved reasonable diligence was exercised in investigating five family members with whom to place child prior to termination of her rights and evidence proved appellant was unable to remedy conditions leading to placement of child with social services within a reasonable time
0409082 Estate of James M. Sweeney, etc. v. Qualicon Corporation and et al. 07/01/2008
Summary affirmance – no error in commission’s finding that the deceased’s accident did not arise out of his employment
0414073 Jisten Todd Clemons v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of uttering forged currency where evidence was sufficient to support finding that appellant was aware he had passed counterfeit currency
0789072 Latasha Alon Gardner, s/k/a Lathasha A. Gardner v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of embezzlement where evidence was sufficient to prove appellant took currency having a value of more than $200 from her employer while working as a temporary employee
0956071 Walter D. Booker, Jr. v. Commonwealth of Virginia 07/01/2008
No error in trial court’s denial of motion to suppress where evidence supported finding that the officers had probable cause to search vehicle and were constitutionally authorized to do so without obtaining a search warrant or making any further showing of exigent circumstances
1107071 James Hampton v. Commonwealth of Virginia 07/01/2008
No error in trial court’s denial of motion to suppress where evidence proved appellant voluntarily approached officer in public place, officer did not restrict appellant’s movements, appellant was free to walk away but chose to remain and speak with officer, and nothing in record shows consensual encounter was transformed into a seizure
1258071 William Darnell Briggs v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of possession of a firearm after having been found guilty of a delinquent act that would have been a violent felony if committed by an adult where evidence showed appellant had been convicted of a felony, was fifteen at time of offense, and was committed to Department of Juvenile Justice
1372071 Aaron Ahmad Atkins v. Commonwealth of Virginia 07/01/2008
Appellant’s argument on appeal procedurally defaulted where appellant failed to proffer or avouch for the record what appellant’s codefendant would have said had codefendant been allowed to answer question regarding codefendant’s discussions with his attorney
2124072 Shayquan Quantae Marshall, s/k/a Shayquan Quontae Marshall v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of possession of cocaine with intent to distribute where evidence supported finding that appellant possessed 9.5 grams of cocaine, the method of packaging was consistent with appellant’s having purchased entire quantity from supplier, and appellant did not possess any devices for ingestion at time of his arrest
0260082 Amanda Napper v. Petersburg Department of Social Services 06/24/2008
Trial court’s decision terminating appellant’s parental rights pursuant to Code Section 16.1-283(B)(2)(a) is affirmed as there was no requirement that the department of social services provide rehabilitative services to appellant
0309083 Commonwealth of Virginia v. Gary R. Wilkins 06/24/2008
Trial court’s grant of appellee’s motion to suppress is affirmed as the search of appellee’s person was in violation of the Fourth Amendment
0393081 Joesph W. Cobb v. Danny Noco Corprew, Sr. and Uninsured Employer's Fund 06/24/2008
Summary affirmance – no error in commission’s finding that Danny Noco Corprew, Sr. was not subject to the jurisdiction of the Workers’ Compensation Act
0413083 McQuay, Inc. and Travelers Indemnity Company of America v. Scott M. Wood 06/24/2008
Summary affirmance – no error in commission’s finding that appellee proved ongoing partial disability after November 7, 2006
0417084 Hilton Hotels Corporation and Specialty Risk Services, Inc. v. Carmina Castro 06/24/2008
Summary affirmance – no error in commission’s decision awarding benefits to appellee
0471082 Musictoday, LLC and Peerless Insurance Company v. Rebecca Wren Snow 06/24/2008
Summary affirmance – commission did not err in finding that appellee proved she sustained an injury arising our of and in the course of her employment and that her subsequent medical treatment was causally related to the accident
0499071 Dontae T. Ebron v. Commonwealth of Virginia 06/24/2008
Appellant’s convictions for first-degree murder and use of a firearm in the commission of a felony affirmed where any error in admitting testimony under the state-of-mind exception to the hearsay rule was harmless
0572074 Saul Parada v. Commonwealth of Virginia 06/24/2008
Argument raised on appeal is barred by Rule 5A:18; appellant’s convictions are affirmed
0740081 Gregory F. Ingram v. The Film Factory and Virginia Commerce Group Self-Insurance Company 06/24/2008
Summary affirmance – no error in commission’s decision dismissing appellant’s July 19, 2007 claim, without prejudice, due to his failure to appear at the January 29, 2008 hearing and present evidence to support his claim
2700071 Catherine Budzyn, f/k/a Catherine Johnson v. Gary Johnson 06/24/2008
Summary affirmance – no error in trial court’s finding that certain real estate was maintained as marital property
2978071 Hampton Holiday Inn and Fireman's Fund Insurance Company v. Sandra B. Pearson 06/24/2008
Commission did not err in holding that appellant’s injuries arose out of her employment
0342071 Antoine Lee Whitaker v. Commonwealth of Virginia 06/17/2008
Trial court did not err in finding evidence was sufficient to prove appellant unlawfully possessed the cocaine found in a cigarette pack which he attempted to conceal in the corner of a couch
0576071 Maurice Reid Clinton, s/k/a Maurice Reid Clinton, III v. Commonwealth of Virginia 06/17/2008
Trial court did not err in finding statement appellant made to officer was not a clear and unequivocal assertion of his right to counsel
1084074 Todd William Kirksey-Waugh v. Commonwealth of Virginia 06/17/2008
Trial court did not err in admitting evidence of prior bad acts where appellant’s admission of prior carjackings he and codefendant committed established his intent and provided a causal, logical and natural connection; evidence was sufficient to support appellant participated as principal in second degree to carjacking and use of a firearm in commission of felony
1250074 Farid A. Zurmati, D.D.S. v. Virginia Board of Dentistry 06/17/2008
Trial court erred in finding evidence supported appellee’s finding that appellant engaged in deceptive billing in violation of Code § 54.1-2706(4); matter remanded to trial court for remand to appellee for reconsideration of sanction imposed upon appellant
1671064 Henh Chu Ngo v. Commonwealth of Virginia 06/17/2008
No reversible error in trial court’s decision to admit hearsay statements from two police officers where challenged statements were merely cumulative of other undisputed evidence
1849074 Darren Lamont Rice v. Commonwealth of Virginia 06/17/2008
Trial court did not err in refusing to allow appellant to withdraw his Alford pleas where appellant failed to proffer a reasonable defense to the charges and pointed to no evidence establishing a substantive, not merely dilatory or formal, defense to the charges
0047084 Town and Country Animal Hospital and American Home Assurance Company v. Sean R. Deardorff 06/10/2008
No error in commission’s award of benefits to appellee where evidence was sufficient to support finding that appellee’s injuries arose out of and in the course of his employment where appellee was fulfilling the duties of his employment when he was injured
0291083 Angler Construction Company LLC and et al. v. Rebel Starr Blankenberg 06/10/2008
Summary affirmance – no error in commission’s finding that appellee proved she was totally disabled as a result of her compensable injury by accident and that she suffers from post-traumatic headaches causally related to her compensable injury by accident
0561071 Theodore Derek Frenzel v. Commonwealth of Virginia 06/10/2008
No error in appellant’s conviction of indecent liberties with a minor, in violation of Code § 18.2-370(A)(1), where evidence was sufficient to find appellant exposed himself to a child with lascivious intent both knowingly and intentionally
1794074 Dimitrios S. Mastoras v. Rebecca A. Mastoras 06/10/2008
Trial court did not err in denying appellant’s motion for a change in custody where evidence did not prove a material change in circumstances since the parties entered the agreement awarding primary physical custody of child to appellee; no error in finding material change of circumstances had occurred warranting a modification of the visitation schedule
1916074 Leesburg Imports, L.L.C., t/a Leesburg Honda v. D.B. Smit, Commissioner, and et al. 06/10/2008
Trial court did not err in affirming and adopting the decision of the Commissioner which found appellant did not have standing to protest the establishment of a new dealership and denied appellant a formal evidentiary hearing
2133074 Amanda D. Lewis v. Vincent E. Hyman 06/10/2008
Trial court did not err in allowing the child’s guardian ad litem to remain in the case upon the appeal to circuit court, in awarding custody of child to appellee after considering Code § 20-124.3 factors, or in ordering monthly drug testing for appellee’s live-in girlfriend
2701071 Shahla Rahnema v. Mansur Rahnema 06/10/2008
Summary affirmance – Court finds appellant’s issues waived where she failed to provide sufficient principles of law, argument, or citation to legal authorities to fully develop arguments, failed to provide adequate record of trial proceedings to enable Court to understand nature of appeal and underlying facts, and failed to prove issue raised preserved under Rule 5A:18
2773063 Morgan Whitney Toler v. Commonwealth of Virginia 06/10/2008
Trial court did not err in granting a jury instruction that defined physical impairment where evidence showed victim suffered a permanent physical condition caused by the attack; evidence was sufficient to support conviction of aggravated malicious wounding
2899071 Amy Jo Riggin Custis v. Elvin Richard Custis, III 06/10/2008
Trial court erred in finding it lacked the authority to enforce payment of marital debt through its civil contempt powers where separation and property settlement agreement was incorporated into final decree of divorce
3136062 Carla Thornley v. Commonwealth of Virginia 06/10/2008
Trial court did not err in finding evidence was sufficient to convict appellant of third offense petit larceny where the record clearly shows the trial court did not consider inadmissible evidence of appellant’s prior drug distribution conviction but based its decision on the credibility of the witnesses
0032084 Joseph F. Korpsak v. Regina A. Korpsak 06/03/2008
Summary affirmance – decision of trial court upholding the separation agreement affirmed where appellant failed to present a sufficient record of evidentiary hearing in trial Court of Appeals
0141081 City of Chesapeake School Board v. Benjamin L. Walker 06/03/2008
Summary affirmance – no error in commission’s decision to invoke the doctrine of imposition to find appellee’s change-in-condition claim was not barred by Code § 65.2-708 or Rules of the Virginia Workers’ Compensation Commission
0213083 Commonwealth of Virginia v. Berton Mark DeBusk, III, a/k/a Burton Mark DeBusk, III 06/03/2008
Trial court erred in granting motion to suppress where appellee’s girlfriend’s entry into his home, while acting as a police informant, did not violate Fourth Amendment and that the recording of their conversation was with her consent
0332081 Francis N. Sanders Nursing Home, Inc. et. al v. The Estate of Lenora G. Giers by Robert R. Giers 06/03/2008
Summary affirmance – no error in commission’s decision to not allow appellants’ 2001 application for hearing to proceed to adjudication or be reinstated, rejecting appellants’ 2007 application for hearing, and awarding unpaid temporary total disability benefits to the estate
0443073 Shaun K-Yung Clark v. Commonwealth of Virginia 06/03/2008
No reversible error in trial court’s decision to admit officer’s testimony that citizens had previously complained about crimes in area where appellant was arrested; as Commonwealth not required to show appellant possessed firearm with drugs in threatening manner, appellant’s argument regarding sufficiency of evidence barred by Rule 5A:18 and no evidence shows miscarriage of justice occurred
2663074 Taunya Chappell v. Alexandria Department of Human Services 06/03/2008
No error in trial court’s termination of appellant’s parental rights to her four minor children under Code § 16.1-283(C)(2); no error in decision to admit exhibit of lower court orders to show procedural history and appellant was afforded trial de novo
2844071 Jacqueline Palmer Mercer v. Support Service of Virginia,Inc. and Twin City Fire Insurance Company 06/03/2008
Summary affirmance – no error in commission’s denial of appellant’s claims for temporary total disability benefits, permanent partial disability benefits for her back, mileage reimbursement, and neck injury as compensable consequence of compensable back injury
3031074 James Edward Greene v. Shirley Haynes Greene 06/03/2008
Summary affirmance – trial court did not err in finding appellant in contempt for failure to pay spousal support
0033072 Mitchell T. Jones v. Commonwealth of Virginia 05/27/2008
Appellant’s convictions of animate object sexual penetration and aggravated sexual battery did not violate Double Jeopardy Clause where evidence proved two separate acts; no error in denial of motion to strike where appellant was aware he was charged with a felony rather than misdemeanor; two of appellant’s arguments barred by Rule 5A:18
0535071 Ronald Ray Arms v. Commonwealth of Virginia 05/27/2008
Trial court did not err in denying motion to suppress where evidence supported finding that appellant consented to officer’s warrantless entry into his residence
0581071 James Lawrence Shelton v. Commonwealth of Virginia 05/27/2008
Evidence was sufficient to support conviction of attempted burglary where a rational trier of fact could conclude that appellant intended to break into victims’ residence and by opening outer glass door and trying to force open inner wooden door committed direct acts in furtherance of that goal
1683071 Sandra E. Rogers v. Daniel J. Rogers 05/27/2008
Appellant’s general objections to the divorce decree from which she appeals insufficient to satisfy requirements of Rule 5A:18; issues raised on appeal procedurally defaulted and decree is affirmed
1710072 Devin Jamar Jones v. Charlottesville Department of Social Services 05/27/2008
Termination of appellant’s parental rights to his child affirmed under Rules 5A:18 and 5A:20 where issue raised on appeal not issue raised in trial court and argument made in appellant’s brief is inadequate for appellate review
1784072 Javon Jackson v. Commonwealth of Virginia 05/27/2008
No error in appellant’s convictions of assault and brandishing a firearm where the two offenses were two separate and distinct acts, separated in time and space, and each conviction was sustained by different evidence; no violation of the Double Jeopardy Clause occurred
1795073 Chad William Edward Robeson v. Commonwealth of Virginia 05/27/2008
Trial court did not abuse its discretion in allowing Commonwealth to reopen its case to submit further evidence on element of penetration; evidence was sufficient to support conviction of sodomy of a child
2305064 Charles W. Helem v. Commonwealth of Virginia 05/27/2008
Trial court did not err in denying motion to suppress the key to the victim’s residence recovered from appellant’s key ring as it was admissible evidence under the inevitable discovery doctrine
2692072 Kathleen A. Duke v. Andrew L. Duke 05/27/2008
Summary affirmance – Trial court did not err in refusing to order appellee to pay appellant spousal support, in finding appellant underemployed and imputing income to her; issue regarding appeal bond barred by Rule 5A:18
0004072 Richard J. Chasen v. Karen S. Chasen 05/20/2008
No error in trial court’s award of spousal support to appellee; no error in trial court’s denial of appellant’s motion to correct alleged scrivener’s error where evidence did not support appellant’s contention that a clerical error was made
0120072 Cavell Devon West v. Commonwealth of Virginia 05/20/2008
No error in trial court’s denial of appellant’s motion to suppress his statements confessing his crimes where appellant did not make an unequivocal request for counsel prior to confessing
0450072 Quinton Darnell Whitted v. Commonwealth of Virginia 05/20/2008
Trial court did not commit reversible error in overruling appellant’s objection to admission of the certificate of analysis regarding DNA evidence where other evidence of appellant’s guilt was overwhelming
0484073 Estate of Courtney Hilton Rhoton v. Highlands Ambulance Service, et al. 05/20/2008
Commission’s award and holding that Ms. Rhoton’s injury and death arose out of her employment reversed based on decision of Virginia Supreme Court that reversed action of circuit court that sustained pleas in bar and remanded matter to circuit court for trial
0667073 Robert Howard Carrington v. Mary Ela Draper Carrington 05/20/2008
Trial court did not err in entry of final divorce decree; no error in its findings regarding granting divorce on no-fault grounds, finding appellant’s testimony exaggerated & histrionic, classifying marital property, in its equitable distribution of parties’ property, and in failing to award appellant spousal support
0896072 John Ross Smith v. Commonwealth of Virginia 05/20/2008
No error in trial court’s finding that it lacked jurisdiction under Code §§ 19.2-303 and 19.2-306 to entertain appellant’s motion to reduce the remaining period of a suspended sentence
2527073 Linda Martin Stokes v. James Willis Stokes, II 05/20/2008
Summary affirmance –counsel signed divorce decree “Seen and Objected to” without specifying any objections to findings regarding marital home; based on record before this Court, no evidence trial court abused its discretion in refusing to set aside the decree and rehear evidence based on motion to rehear filed on twenty-first day after entry of final decree
2528073 James Willis Stokes, II v. Linda Martin Stokes 05/20/2008
Summary affirmance – as final order signed “Seen and Objected to” without specifying any objections, appellant’s assignments of error barred by Rule 5A:18
3196061 Jeffrey Wayne Rowe v. Commonwealth of Virginia 05/20/2008
Evidence was sufficient to support appellant’s conviction of assault of police officer where officer was not employed by jurisdiction where assault occurred as jurisdictions had signed an agreement giving officers in one jurisdiction authority to perform duties in an immediate, apparent threat to public safety in another jurisdiction; officer engaged in his public duties
0007073 James Burdine Scalf, Jr. v. Commonwealth of Virginia 05/13/2008
Court declines to apply ends-of-justice exception to Rule 5A:18 where review of full record shows sentencing judge correctly understood his discretion and sentenced appellant within lawful scope of that discretion and determined appellant’s sentences would not run concurrently with related sentences imposed by federal court
0091084 S.E. Smith, Inc. and Southern Pilot Insurance Company v. Bernard Staten, S.E. Smith and et. al. 05/13/2008
Summary affirmance – no error in commission’s findings that appellee Staten sustained a new injury by accident arising out of course of his employment, his ongoing disability is causally related to that injury, and he made a reasonable effort to market his residual work capacity
0133083 Dennis Ray Harrison v. Commonwealth of Virginia/Department of Mines, Minerals and Energy 05/13/2008
Summary affirmance – no error in commission’s findings that appellant failed to prove his psychological condition is either a compensable occupational disease or a compensable ordinary disease of life and that he is totally incapacitated for all work due to that condition
0214073 Lieben Marie Patrick v. Commonwealth of Virginia 05/13/2008
Trial court did not err in admitting diagram of the scene as evidence; evidence was sufficient to support convictions of two counts of attempted second-degree murder and two counts of malicious wounding; no reversible error in the trial court allowing Commonwealth to inquire in a neutral manner whether appellant had used drugs in the hours before the offenses
1003071 George Andrew Hughes, Jr. v. Commonwealth of Virginia 05/13/2008
Trial court did not err in denying appellant’s motion to withdraw his guilty pleas where appellant did not provide any affidavits to support motion, produced no witnesses, and did not offer a reasonable foundation for a defense
1102071 Steven Allen Riddick v. Commonwealth of Virginia 05/13/2008
Trial court did not err in admitting statements victim made to others where the statements at issue fall within state-of-mind exception because they tend to prove identity of victim’s attacker; in view of other overwhelming evidence, any error in allowing appellant’s probation officer to testify was harmless; no error in trial court’s refusal to strike first-degree murder charge
1591061 Chakri, LLC v. STD, Inc. 05/13/2008
Appellant’s conviction of contempt affirmed where record shows appellant not found in contempt of order to which his assignment of error refers; appellant’s assignments of error regarding propriety of injunctions transferred to Supreme Court of Virginia pursuant to Code § 8.01-677.1
1727073 Brandon James Clark, a/k/a B-Easy v. Commonwealth of Virginia 05/13/2008
No error in sentences imposed based on appellant’s Alford pleas to several felonies where sentences imposed were within ranges set by legislature and well below statutory maximum even though sentencing guidelines recommended a lesser range
2297073 Melissa Butler v. City of Roanoke Department of Social Services 05/13/2008
Trial court did not err in finding it lacked jurisdiction to grant appellant’s “Motion for filing of Delayed Appeal” for review of the termination of her parental rights where motion was made well after trial court’s jurisdiction under Rule 5A:6 and Code § 8.01-428(C) had elapsed
2424061 Joseph C. Florio v. Barbara E. Clark, William B. Clark and Joyce Childers 05/13/2008
decision of court affirmed upon rehearing en banc
3062071 Commonwealth of Virginia v. Ronnie Lavon Williams 05/13/2008
Trial court did not err in finding the officers lacked probable cause to arrest the appellee and in suppressing evidence resulting from the search incident to that arrest
0250072 Ira Anderson, a/k/a Thomas Vernon King, Jr. v. Commonwealth of Virginia 05/06/2008
Trial court did not err in finding evidence contained in pre-sentence regarding the victim was not exculpatory and in denying appellant’s motion to set aside the verdict based on that evidence
0312072 Robert Carl Gray v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of assault and battery of a family member, third offense, affirmed where evidence was sufficient to prove a battery
0430072 Bernard Edward McCray v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of possession of a firearm by a convicted felon affirmed where evidence was sufficient to prove he had dominion and control over and constructively possessed the firearm
0705074 Karim Jehad Kahilil v. Commonwealth of Virginia 05/06/2008
No error in appellant’s conviction of robbery where record shows appellant implicitly consented to the mistrial and waived his double jeopardy rights
1022072 Michael Anthony Goode v. Commonwealth of Virginia 05/06/2008
Trial court erred in denying appellant’s motion to suppress evidence of narcotics found during an illegal search and entry into the motel room where appellant was staying
1166071 Ahmad Parker v. Commonwealth of Virginia 05/06/2008
No error in appellant’s convictions of distribution of or possession with intent to distribute a controlled substance and distribution of or possession with intent to distribute on or near school property where evidence showed appellant engaged in drug transactions directly observed by police and trial court found property he was on was open to public use
1604061 Roxanne Elizabeth Downs v. Commonwealth of Virginia 05/06/2008
Trial court did not err in refusing to allow expert testimony on a matter within the common experience and understanding of the jury where expert’s testimony was unnecessary for the jury to understand appellant’s mental state at the time she confessed to killing her daughter
1748072 Robert Wayne Brooks v. Spotsylvania Department of Social Services 05/06/2008
Trial court erred in finding evidence was sufficient to terminate appellant’s parental rights to his child; evidence did not support finding that appellant, without good cause, had been unwilling or unable to remedy conditions leading to child’s placement in foster care
1761072 Darlene Wallace v. Spotsylvania Department of Social Services 05/06/2008
Trial court erred in finding evidence was sufficient to terminate appellant’s parental rights to her child; evidence did not support finding that appellant, without good cause, had been unwilling or unable to remedy conditions leading to child’s placement in foster care
2063071 Victoria M. McWhorter v. Williamsburg/James City County and et. al. 05/06/2008
No error in commission’s finding that appellant failed to prove a casual relationship between the March 7, 2006 compensable injury and her claims for medical treatment subsequent to September 29, 2006
2330063 Alberto Bravo v. Commonwealth of Virginia 05/06/2008
Appellant did not show prejudice resulted from the trial court’s effective denial of his motion for a continuance and appellant proceeded with trial without four defense witnesses who did not appear for trial
2349073 Campbell Couty Department of Social Services v. William James Roberts, Jr. 05/06/2008
Trial court erred in finding appellant failed to present sufficient evidence to establish a prima facie case supporting termination of appellee’s parental rights to his daughter; matter remanded o trial court for further proceedings
2531073 Ladonna Michelle Nowlin v. Campbell County Department of Social Services 05/06/2008
Trial court did not err in terminating appellant’s parental rights to her daughter while not simultaneously terminating the child’s father’s parental rights where the parents, while not married, indicated their intent to remain a couple
2901061 George Nathanial Valentine, Jr., s/k/a George Nathan Valentine, Jr. v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of petit larceny affirmed where appellant’s argument on appeal of whether value of stolen property met $200 threshold required for grand larceny conviction irrelevant
3182061 Eric L. Francis v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of felony receiving stolen property reversed where evidence did not prove value of the stolen property was $200 or more and remanded to trial court for sentencing on misdemeanor conviction; appellant’s convictions of two misdemeanor counts of obtaining money by false pretenses affirmed
0121073 Terry Joe Lyle v. Commonwealth of Virginia 04/29/2008
No reversible error in appellant’s conviction of driving under the influence of alcohol where evidence of appellant’s intoxication was so compelling that any error involving admission of blood alcohol level was harmless
0209072 Raymond Wyatt v. Commonwealth of Virginia 04/29/2008
No error in appellant’s conviction of trespassing where evidence was sufficient to support trial court’s findings regarding appellant’s purpose for entering the victim’s property and whether appellant had a good faith belief that he had a right to be on the victim’s property
0286074 Latoya Powell v. Arlington County Department of Human Services 04/29/2008
Appeal dismissed where appellant, filing pro se, failed to properly perfect her appeal by not naming guardian ad litem, an indispensable party, in notice of appeal or accompanying certificate within thirty-day mandatory filing period
0592074 Michael Smallwood, s/k/a Michael T. Smallwood v. Commonwealth of Virginia 04/29/2008
Trial court did not err in admitting evidence of a prior domestic dispute between appellant and the victim where the probative value of the evidence outweighed any prejudice; any error in denying appellant opportunity to cross-examine witness about whether he was charged with a felony harmless under circumstances of this case
1332073 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services,etc. 04/29/2008
No error in trial court’s award of child support to mother; appellant’s petition for child support was sufficient to give courts jurisdiction to amend child support award
1697071 Norfolk Division of Social Services v. Serena Monroe 04/29/2008
Trial court erred in granting the motion to strike and dismissing appellant’s petition to terminate appellee’s parental rights where evidence was sufficient to establish a prima facie case sufficient for the termination of appellee’s parental rights
1821062 Robert Lee Cooke v. Commonwealth of Virginia 04/29/2008
Trial court did not err in denying motion to suppress on the ground that the motion was not timely filed; appellant, as the proponent of the motion, had the burden to pursue the matter by requesting a hearing to ensure motion was timely heard before trial date; conviction of possession of a firearm by a convicted felon affirmed
1964072 Ronald L. Sutton v. Alveta G. Sutton 04/29/2008
Summary affirmance – trial court did not err in ordering appellant to deliver items and money to appellee in compliance with parties’ property settlement agreement and prior orders of court
2927061 Lanford Beuns v. Commonwealth of Virginia 04/29/2008
Trial court did not err in denying motion to suppress where facts and circumstances were sufficient to provide police with probable cause to arrest appellant for possessing narcotics and police were entitled to search him pursuant to that arrest; informant had proven record of reliability
0035074 Christopher J. Martin v. Commonwealth of Virginia 04/22/2008
Trial court did not err in denying appellant’s motion to suppress where appellant’s statement did not constitute an unequivocal request for counsel stated with sufficient clarity that a reasonable police officer under the circumstances would have understood the statement to be a request for counsel
0068082 General Motors Corporation v. Ronald Wayne Adams 04/22/2008
Summary affirmance – No error in commission’s finding that appellant failed to prove that appellee was capable of returning to his pre-injury employment
0627074 Robert Allen West v. Commonwealth of Virginia 04/22/2008
Appellant’s convictions of second-degree murder and use of a firearm in commission of felony affirmed where any error in admitting testimony of the victim through a co-worker under the “state of mind” exception to the hearsay rule was harmless
0863073 Deborah Ann Stacy v. William Leslie Stacy 04/22/2008
No error in trial court’s interpretation of the parties’ property settlement agreement; trial court did not err in construing mortgage payments to be spousal support or in terminating those payments pursuant to Code § 20-109(A)
1435074 Sam Wright, Jr. v. Kim L. Hamilton-Wright 04/22/2008
No error in trial court’s equitable distribution, spousal support, or attorney’s fees awards; appellant’s challenges to the written statement of facts lack merit where trial court has authority to correct statement of facts at any time record remains in the trial court pursuant to Rule 5A:8(d)
1685072 Uppy's Convenience Stores, et. al. v. Dorothy S. Blanton 04/22/2008
No error in commission’s decision reinstating appellee’s temporary total disability benefits as evidence supported finding that her disability was total as of November 17, 2006 based on letter from her treating physician
2308064 Matthew James Pahno v. Commonwealth of Virginia 04/22/2008
Trial court did not err in admitting into evidence a letter found in appellant’s jail cell where it was relevant to issue of appellant’s sanity; any error in admitting appellant’s statement to the police or in granting jury instruction advising jury they could consider evidence of appellant’s character was harmless
2546072 Barry Jackson, Sr. v. Lancaster County Department of Social Services 04/22/2008
Summary affirmance –Trial court’s termination of appellant’s parental rights to his three children supported by clear and convincing evidence
2712072 Draper Aden Associates, Inc., at. al. v. Kenneth Aaron Bumgarner 04/22/2008
Summary affirmance – No error in commission’s decision dismissing appellee’s claim without prejudice where commission found appellee had not abused procedural process or shown deliberate disregard for commission’s authority
2919072 Spherion Atlantic Workforce, LLC, et. al. v. Olga H. Randolph 04/22/2008
Summary affirmance – No error in commission’s finding that appellee proved she was totally disabled due to her compensable injury by accident
3012061 Luria Nicole Greene v. Commonwealth of Virginia 04/22/2008
Trial court did not err in convicting appellant of misdemeanor offense of failing to answer a subpoena issued by the Virginia Department of Charitable Gaming where evidence proved appellant was served with the subpoena and willfully failed to appear
0251072 Richard Lawayne Gallimore, s/k/a Richard Lawayne Galimore v. Commonwealth of Virginia 04/15/2008
Trial court did not err in refusing to allow appellant to withdraw his Alford pleas made while jury was deliberating where request was not made in good faith and appellant did not have a viable or reasonable defense; trial court did not err in denying appellant’s motion to permit counsel to withdraw based on alleged conflict of interest
1633074 Mark Page Lintz v. Commonwealth of Virginia 04/15/2008
Jury did not err in rejecting appellant’s defense of good faith reliance and in finding appellant guilty of transporting a weapon into a courthouse
1745074 Wesley C. Smith v. Cheri Smith 04/15/2008
Trial court did not lack personal jurisdiction over appellant where he made a general appearance by filing an Answer and Cross-Bill to the bill of complaint without objecting to service; this issue also barred by res judiciata; appellant’s other issues procedurally barred
2243061 Joshua Lamont Franklin v. Commonwealth of Virginia 04/15/2008
Trial court did not err in denying motion to suppress statements appellant made to the police after being read his Miranda warnings as record shows statements were made voluntarily, knowingly, and intelligently
2322063 Teddious Devon Carter v. Commonwealth of Virginia 04/15/2008
Trial court did not err in denying appellant’s motion to suppress evidence where it found appellant’s attempt to conceal hand-rolled cigarette and fled when officers approached established reasonable suspicion of criminal activity
2522062 Bryant Bogle v. Commonwealth of Virginia 04/15/2008
Trial court erred in denying motion to suppress cocaine recovered by officer during pat-down search where incriminating character of substance was not immediately apparent to officer based on his tactile perception and surrounding circumstances were not sufficient to indicate the presence of contraband in appellant’s pocket
2727074 Kenneth Anderson, Sr. v. Alexandria Department of Human Services 04/15/2008
Summary affirmance – trial court did not err in finding evidence sufficient to support termination of appellant’s parental rights to his son
2860072 County of Chesterfield Police v. Dennis Michael Harry 04/15/2008
Summary affirmance – no error in commission’s finding that appellee suffers from post traumatic stress disorder and that it arose out of and in the course of his employment and did not result from causes outside his employment
0305072 Billie Denise Brown v. Commonwealth of Virginia 04/08/2008
No error in trial court’s finding that evidence was sufficient to support conviction for driving under the influence, second offense in ten years; no merit to claim that Commonwealth failed to provide appellant was potentially exculpatory evidence in the form of a breath test as Code § 18.2-268.2 does not impose obligation on officer to offer breath test
0337071 Scottie Smith, s/k/a Scottie Jovawn Smith v. Commonwealth of Virginia 04/08/2008
Trial court did not err in convicting appellant of possession of cocaine where evidence proved baggie of cocaine was plainly visible to officers, less than a foot from where appellant had been seated in vehicle, and appellant was nervous and sweating during contact with officers
0553071 Umah Joaquing Owens v. Commonwealth of Virginia 04/08/2008
Trial court did not err in admitting into evidence the protective order taken out by victim against appellant and the testimony of victim’s coworkers; evidence sufficient to support appellant’s convictions of first-degree murder and use of a firearm in the commission of murder
1138072 James Lorenzo Thomas v. Commonwealth of Virginia 04/08/2008
No error in appellant’s conviction of breaking and entering with intent to commit assault and battery where evidence proved appellant had no legal right of occupancy of apartment and appellant conceded such at trial; appellant’s argument regarding sufficiency of evidence to find he broke in with intent to commit assault and battery barred by Rule 5A:18
1325072 Timothy Lamont Booker, Jr. v. Commonwealth of Virginia 04/08/2008
Trial court did not err in denying appellant’s motion to withdraw his guilty pleas where record does not support appellant’s allegation that he was pressured into accepting the plea agreement
2409064 Brian Patrick Riley v. Commonwealth of Virginia 04/08/2008
Trial court did not err in convicting appellant of driving while intoxicated and maiming as a result of his driving while intoxicated where affirmative defense of unconsciousness was unavailable to appellant as he voluntarily ingested overdose of sleeping medication; evidence sufficient to support maiming conviction
2512072 Flippo Lumber Corporation and et. al. v. Deborah Ann Tomlin/The Estate of Randal Cary Tomlin 04/08/2008
Summary affirmance – no error in commission’s finding that employer failed to sustain its burden of proving that claim filed by wife of deceased employee was barred by willful misconduct
2772064 Samuel T. Ensley v. Commonwealth of Virginia 04/08/2008
Trial court did not err in admitting into evidence hearsay statements made by appellant’s alleged co-conspirators as those statements involved non-testimonial evidence and did not implicate the Confrontation Clause
2797074 Fairfax County School Board v. Joana N. Wiafe 04/08/2008
Summary affirmance – no error in commission’s finding that appellee proved she adequately marketed her residual work capacity
2931073 Commonwealth of Virginia v. Kerry Donnell Lee, Jr. 04/08/2008
No error in trial court’s finding that appellant successfully rebutted presumption that appellant was danger to the public and a flight risk and admitted him to pre-conviction bail
1197072 Ronald Beasley Chaney, s/k/a Ronald B. Chaney, III v. Commonwealth of Virginia 04/01/2008
Trial court did not err in denying appellant’s request to withdraw his guilty pleas before sentencing where appellant simply changed his mind and appellant’s actions did not support any viable theory of self-defense
1335073 Kathy Corena Walk v. Robert Bailey Walk 04/01/2008
Error in trial court’s distribution of marital property where trial court violated the statutory scheme by granting appellant additional marital property to supplement the spousal support award
1337074 Sherrie Mayo v. Gregory Mayo and The Barnes Law Firm 04/01/2008
Appellant’s issues pertaining to child custody, visitation, and child support summarily affirmed; issue pertaining to enforcement of an attorney’s lien is transferred to the Supreme Court of Virginia pursuant to Code § 8.01-677.1
2392073 Commonwealth of Virginia v. Derrick Antoine Hunt 04/01/2008
Trial court erred in granting appellee’s motion to suppress evidence of cocaine discovered after appellee’s vehicle was stopped at a proper checkpoint that was established pursuant to a plan embodying explicit neutral limitations on the conduct of the police and the officer who set up the roadblock was present in a supervisory capacity only
2790073 Timothy Bryan Meade v. Paramont Coal Company of Virginia, LLC/Alpha, and at. el. 04/01/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his herniated disc, resulting medical expenses and disability beginning August 26, 2006 were causally related to compensable December 30, 2004 injury by accident
2823073 Bartley Joe Reynolds v. Red Onion State Prison/Commonwealth of Virginia 04/01/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his psychiatric treatment and/or post traumatic stress disorder are causally related to his compensable injury by accident
0069074 Nelson Mauricio Melendez v. Commonwealth of Virginia 03/25/2008
Court is unable to review appellant’s claim on appeal that trial court erred in denying his counsel the right to cross-examine witness in violation of the Sixth Amendment where no proffer of the expected testimony was made
0334073 Cory Matthew Stockman v. Commonwealth of Virginia 03/25/2008
No error in trial court’s finding that prosecutor’s remarks in closing argument did not amount to an adverse comment on appellant’s failure to testify and in not giving a curative instruction after denying motion for mistrial based on these remarks; issue regarding jury instructions waived under Rules 5A:18 and 5A:8(b)
1684074 Phyllis Denise Reese v. Mark Alan Reese 03/25/2008
Trial court did not err in denying appellant’s request for a continuance of custody hearing where she failed to exercise diligence in securing attendance of child witness and in determining appellee’s child care costs; trial court erred in its determination of the appropriate marital share of appellee’s military pension
1699063 Charlene Marie Whitehead v. Commonwealth of Virginia 03/25/2008
Trial court did not err in finding the evidence sufficient to support appellant’s convictions of thirty-two counts of receiving stolen property where evidence proved appellant either received stolen property from her boyfriend or aided in concealing property he stole; as these convictions are affirmed, no error in revocation in appellant’s suspended sentences
1720072 Central State Hospital/Commonwealth of Virginia v. Ashley M. Beckner 03/25/2008
No error in commission’s finding that appellee proved by clear and convincing evidence that her MRSA infection constituted a compensable ordinary disease of life and that there was a direct causal connection between her disease and her employment
1747073 Cleve Edward Curry v. Consol Engery, Inc. 03/25/2008
Commission did not err in accepting the opinion of the independent medical examiner that appellant did not suffer a compensable work injury and in discounting the opinion of appellant’s treating physician whose decision was based on incomplete facts
1768063 Elva Rosemary Nixon v. Commonwealth of Virginia 03/25/2008
Trial court did not err in denying motion to suppress appellant’s statements as she was not in custody when she was questioned by the police and was not entitled to Miranda warnings for her first two interviews, the waiver of her rights before third interview was not improperly tainted by first two statements; trial court did not err in striking juror for cause
1833074 Timothy Todd Buch v. Laura Jeanne Buch 03/25/2008
No error in trial court’s award of spousal support, child support, and equitable distribution in final divorce decree
2594062 Ki-Ho, s/k/a John Min v. Commonwalth of Virginia 03/25/2008
Trial court did not err in admitting the certificate of blood alcohol analysis in accordance with Code § 19.2-187 where appellant did not subpoena the “booking tech” and therefore waived his right to cross-examine the potential witness; appellant’s claim that this evidence is not “covered” under Code § 19.2-187 is barred by Rule 5A:18
0017073 Jonathan Lamont Sales v. Commonwealth of Virginia 03/18/2008
No error in trial court’s finding that evidence was sufficient to prove appellant’s constructive possession of drugs found on ground
0758071 Donald Davis v. Lesa Robinson 03/18/2008
No error in trial court’s findings that appellant was voluntarily underemployed and failed to prove a material change in circumstances to warrant reduction in spousal support; trial court erred in child support award in failing to impute income to appellant, in not including income from all sources, and failing to consider actual custody arrangement of parties
1147074 Gregory Leon Hammer v. Commonwealth of Virginia 03/18/2008
Trial court did not err in finding that appellant had actual notice of his habitual offender adjudication when he operated the vehicle in this case; two issues barred by Rules 5A:18 and 5A:20(c)
1273074 Ronald D. Wolfe v. Stephanie A. Arthur 03/18/2008
Trial court erred in its calculation of child support arrearages due to appellee under the parties’ marital settlement agreement; based on that error, issue of interest due on that arrearage award and matter to attorney’s fees remanded to trial court for reconsideration
1498073 John Victor Dritselis v. Mary Tsakires Dritselis 03/18/2008
Summary affirmance – no error in trial court’s award of spousal support and attorney’s fees to appellant
2478063 Steven Lawrence Pannell v. Commonwealth of Virginia 03/18/2008
Trial court did not err in denying motion to suppress out-of-court eyewitness identification of appellant in his burglary conviction; trial court did not err in denying motion to suppress gun discovered during a proper stop and frisk in his possession of a firearm by a convicted felon conviction
2551072 Commonwealth of Virginia v. Paige Elizabeth Anderson 03/18/2008
No error in trial court’s suppression of baggie of marijuana removed from appellee’s purse in her vehicle obtained in violation of Fourth Amendment
2802061 Robert Leland Hurt v. Commonwealth of Virginia 03/18/2008
No error in trial court’s finding that appellant knowingly and voluntarily waived his Miranda rights when he gave inculpatory statements to police; evidence sufficient to support conviction of first-degree murder
2807061 Patrick Troy Eleazer v. Commonwealth of Virginia 03/18/2008
Trial court did not err in denying motion to suppress fourteen-year-old appellant’s inculpatory statements where evidence proved appellant knowingly and voluntarily waived his Miranda rights and did not withdraw that waiver prior to questioning for murder
2990064 Peter J. Eisert v. Dawn M. Eisert 03/18/2008
Trial court did not err in determining the amount and duration of spousal support award to appellee, in determining the amount of the child support award, and in awarding attorney’s fees to appellee
3039062 Weston M. Sigsby v. Commonwealth of Virginia 03/18/2008
Trial court did not err in denying motion to dismiss the charges as violative of appellant’s speedy trial rights under Code § 19.2-243
0178071 Michael Shayne Brown v. Commonwealth 03/11/2008
Court declines to reconsider its ruling in prior interlocutory appeal of this case; evidence proves that even if admission of SANE report was error, it was harmless under facts of this case
0215074 John Cherin v. Patricia A. Cherin 03/11/2008
Trial court did not err in giving full faith and credit to Massachusetts judgment and in granting appellee’s motion to dismiss Virginia proceedings
0462072 Terrence Janssen Davis v. Commonwealth 03/11/2008
No error in trial court’s revocation of appellant’s suspended sentence on convictions of failure to register as a convicted sex offender where trial court found he violated a valid condition of probation
0702073 Jackie Dale Slate v. Commonwealth 03/11/2008
Error in appellant’s convictions of seven counts of rape where evidence did not prove the element of sexual intercourse; convictions of carnal knowledge affirmed
0728072 Margaret Bailey v. Halifax Department of Social Services 03/11/2008
Trial court did not err in terminating appellant’s parental rights to her son where evidence proved she was unable to remedy the condition leading to the removal and foster care of her son
2147071 Karen Staples v. Chesapeake Department of Human Services 03/11/2008
Termination of appellant’s parental rights to her child affirmed where question of whether trial court erred in considering petition for termination because petition did not specify which subsection of Code § 16.1-283 appellee was proceeding under barred by Rule 5A:18; evidence sufficient to support termination
2276071 Debra K. Lee v. Master Cleaners, Inc. and Virginia Commerce Group Self-Insurance Association 03/11/2008
Summary affirmance – appellant failed to prove she sustained an injury by accident arising out of her employment
2360072 Keon McDonald v. Henrico County Department of Social Services 03/11/2008
Summary affirmance – no error in termination of appellant’s parental rights to his daughter where clear and convincing evidence proved appellant failed to maintain contact with or substantially plan for the future of the child
2594072 Commonwealth v. David Kurnard Hackett 03/11/2008
Commonwealth’s failure to comply with the certification requirement of Code § 19.2-400 is not a jurisdictional defect requiring dismissal; trial court did not err in granting motion to suppress where evidence proved officer could not have seen hand-to-hand transaction unless he was in place he was not legitimately allowed to be
2676071 Summit Rehabilitation, P.C. and American Zurich Insurance Company v. Christine S. Edwards 03/11/2008
Summary affirmance – evidence proved appellee’s injury arose out of her employment; as appellants did not present issue of whether injury occurred in the course of the employment before the commission, issue barred by Rule 5A:18
2704071 Ricky B’s, Inc. and Northwestern National Casualty Company v. Lorrie Dianne Smith 03/11/2008
Summary affirmance – no error in award to appellee of permanent partial disability benefits based on the opinions of doctor
3075063 Ray Allen Abbett v. Commonwealth 03/11/2008
No error in appellant’s convictions of credit card fraud where evidence proved appellant did not have permission or authority to use ATM cards and to use proceeds from those cards for his personal use
3168063 Linda Anne Brown v. Commonwealth 03/11/2008
No error in appellant’s conviction of conspiracy to distribute methamphetamine where evidence proved appellant was aware of the contents of the envelope and that was an agreement between appellant and another to distribute the drugs
0147073 Todd Kendall Dunnings v. Commonwealth of Virginia 03/04/2008
No error in appellant’s convictions of two counts of taking indecent liberties with a child where evidence proved appellant maintained a supervisory or custodial relationship over the victims at the time he made certain proposals to them
0798073 Carlton Lee Wiley v. Commonwealth of Virginia 03/04/2008
No error in appellant’s convictions of two counts of distributing a Schedule I, II, III, or IV drug to a person under the age of 18 where evidence proved appellant knowingly and intentionally gave one child morphine and one child Darvocet
0853074 Joan Sherman v. William Sherman 03/04/2008
Trial court erred in its equitable distribution award when it failed to account for a gift given to appellant towards the purchase of the marital home and, thus, erred in failing to calculate appellant’s share of the marital home and when it failed to consider appellee’s negligence resulting in debt paid from marital assets
0936064 Barbara J. Livingston v. Theodore G. Nanz 03/04/2008
Trial court erred in reducing the award of spousal support to appellant when it failed to recognize the validity of a prior order that was not appealed and had become final; trial court erred in finding a material change in circumstances had occurred since the prior order
2462074 Frank Pregano v. United Airlines, Inc. 03/04/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained a compensable permanent hearing loss in his left ear by clear and convincing evidence
2951061 Nathan Lamont Ghee v. Commonwealth of Virginia 03/04/2008
No error in trial court’s finding that the Commonwealth proved beyond a reasonable doubt that appellant had been convicted of two prior larceny offenses and was subject to the enhanced penalties provision under Code § 18.2-104
0240071 Demetres Jerrod Rudolph v. Commonwealth of Virginia 02/26/2008
No error in trial court’s denial of appellant’s motion to suppress marijuana found in appellant’s vehicle where officer had reasonable suspicion to stop the vehicle
0605071 Brian Alexander Johnson v. Commonwealth of Virginia 02/26/2008
No error in trial court’s finding that Code § 18.2-308.4(C) is not void for vagueness as it applies to appellant where statute does not encourage arbitrary and discriminatory enforcement
0685073 Sam Moore Furniture Industries and et. al. v. Jerry Allen Smith 02/26/2008
No error in commission’s finding that the statute of limitations did not bar appellee’s shoulder claim; credible evidence supported commission’s finding that appellee’s temporary total disability status was ongoing
0858074 Angela Segura v. Fairfax County Department of Family Services 02/26/2008
Trial court did not err in finding it lacked jurisdiction to entertain appellant’s petition to reverse the termination of her parental rights where the child had been placed in the home of adoptive parents
0889071 George P. Barrett, Sr. v. Henrietta A. Gibbs-Barrett 02/26/2008
No error in trial court’s classification of equity attributable to appellant’s post-separation mortgage payments as appellee’s based on appellant’s fully performed agreement to pay the mortgage in lieu of support and no error in trial court’s award of the marital portion of the residence to appellee
2395064 Cheryl Ann Schoonmaker Brown v. Commonwealth of Virginia 02/26/2008
Trial court erred in convicting appellant of misdemeanor child abuse and neglect in violation of Code § 18.2-371 since it is not a lesser-included offense of Code § 18.2-371.1, the statute under which appellant was charged; conviction dismissed
2462061 Melville Dean Olson v. Commonwealth of Virginia 02/26/2008
Trial court did not err in its denial of appellant’s motion to suppress where the challenged evidence was obtained in a manner that did not violate appellant’s Fourth or Fifth Amendment rights
0277072 Charles C. Pitts v. Commonwealth of Virginia 02/19/2008
No error in appellant’s conviction of construction fraud where evidence proved appellant received an “advance,” that the advance was procured with a fraudulent intent, and that he failed to make good on the promise to perform work
0437074 Randy Brower v. Commonwealth of Virginia 02/19/2008
As appellant’s initial arrest of drunk in public was supported by probable cause, he had no right to resist the arrest; conviction of assault and battery of a police officer affirmed
0459074 Carl Ray Jackson v. Commonwealth of Virginia 02/19/2008
Appellant’s convictions of possession of cocaine and willful failure to appear affirmed where appellant’s arguments regarding whether trial court erred in denying motion to sever the charges for separate trials are barred by Rule 5A:18
0494074 James J. D.Ambrosio v. Debra M. Fowler 02/19/2008
No error in trial court’s decision, after considering the best interests of the child, to award primary physical custody of child to appellee, requiring a reasonable notice provision requiring notice to attend child’s special events outside appellant’s visitation times, governing medical decision making authority or in award of child support
0546072 Bonnie F. McCauley v. Ray P. McCauley, Jr. 02/19/2008
No error in order granting divorce to appellee on grounds of desertion, awarding appellant less than fifty percent of marital property, in the defined duration award of spousal support, in not assessing part of appraisal costs against appellee, and awarding appellee a portion of appellant’s retirement account
1121074 Rajan Jagannathan v. Valeria Shepeleva Jagannathan 02/19/2008
Trial court did not err in sentencing appellant to twelve months in jail for contempt, in denying a motion to set aside that order, and in prohibiting appellant from posting materials on the Internet
1540074 Juan Ayala v. Hann & Hann, Inc. and Peerless Insurance Company 02/19/2008
No error in commission’s finding that appellant’s claim for benefits was barred by the statute of limitations contained in Code § 65.2-601 and appellant did not prove prejudice
2028061 Emanuel Cornelius Simmons v. Commonwealth of Virginia 02/19/2008
No error in trial court’s denial of appellant’s motion for a new trial based on after-discovered evidence where appellant failed to prove fourth prong of after-discovered evidence test, whether that evidence would produce opposite results at a new trial
2366064 Mario George Pcelinski v. Commonwealth of Virginia 02/19/2008
Trial court did not err in refusing to give appellant’s instruction to jury in the form it was proffered; appellant’s other issues are barred by Rule 5A:18
2390063 Sherman Ricky Jones v. Commonwealth of Virginia 02/19/2008
No error in trial court’s finding that appellant’s constitutional speedy trial rights were not violated as time commenced from second indictment after original indictments were properly nolle prosequied; trial court did not err in denying motion to suppress appellant’s statement as it was a voluntary statement not made in response to interrogation
2948064 Sebastian Tristan Carter v. Commonwealth of Virginia 02/19/2008
Trial court did not err in refusing to strike three prospective jurors for cause or in refusing to disqualify the entire venire after it saw appellant handcuffed for security reasons after an unrelated disturbance outside the courtroom
0332072 Ajay Goyal v. Tatiana Gillespie 02/12/2008
Trial court did not err in awarding contractual support payments to appellee pursuant to a divorce settlement agreement entered into in Cyprus
0482072 Tatiana Gillespie v. Ajay Goyal 02/12/2008
No error in amount of contractual support payments allowed to appellant where she recovered what she sought and never objected on the record that the amount was inadequate
0568073 Brent Eldred Johns v. Commonwealth of Virginia 02/12/2008
Trial court did not err in rejecting appellant’s double jeopardy argument that two indictments should have been merged into one when he entered guilty pleas to two separate and distinct counts of grand larceny
0747074 Peter Jones v. Ann C. Matalavage 02/12/2008
Trial court did not err in awarding attorney’s fees to appellee under property settlement agreement of parties based on counsel’s representation of fees and in awarding child support based on sole custody guidelines rather than appellant’s suggestion of a divided formula
0910071 Advanced Finishing Systems, Inc. and et. al. v. Lisa Brown-Snyder 02/12/2008
No error in amount of contractual support payments allowed to appellant where she recovered what she sought and never objected on the record that the amount was inadequate
1183074 Lucio Henry Cabrera-Sanchez v. Commonwealth of Virginia 02/12/2008
Evidence was sufficient to support two convictions of assault and battery on a family or household member, third or subsequent offense
1613074 William L. Gibbs, Sr. v. Sue A. Gibbs 02/12/2008
Summary affirmance – no abuse of discretion in trial court’s award of spousal support
1951073 Mary Jo Spain v. Roanoke County Department of Social Services 02/12/2008
Trial court did not err in finding appellee proved by clear and convincing evidence that appellant’s parental rights to her child should be terminated and that termination was in child’s best interest
2082071 Commonwealth of Virginia v. Marquis D. Granger 02/12/2008
Trial court erred in finding police lacked reasonable suspicion to detain appellee and in suppressing appellee’s statement to police and evidence recovered from vehicle in which he was a passenger
2120072 Dawn Branch v. Petersburg Department of Social Services 02/12/2008
Summary affirmance – evidence was sufficient to support termination of appellant’s parental rights to her child where her rights had already been terminated to an older child
2209063 Marcus Jermaine Miller, s/k/a Marcas Jermaine Miller v. Commonwealth of Virginia 02/12/2008
Trial court did not err in finding evidence was sufficient that appellant was a “parent, guardian, or other person responsible for the care of” the child at the time the offense occurred; conviction of felony child abuse affirmed
2364072 Sodexho, Inc. and et. al. v. Curtis Clanton 02/12/2008
Summary affirmance – no error in commission’s finding that appellee proved he sustained a compensable change in condition and awarding him temporary total disability benefits
2418071 Pearline M. Barlow v. Farm Fresh Supermarket #44205 and Supervalu, Inc. 02/12/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
2598073 Pete J. Burk v. Wise County Sheriff's Office and et. al. 02/12/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of and in the course of his employment
0194073 Ricky Wayne Thompson v. Tanya Brooks Thompson 02/05/2008
Trial court did not err in adhering to statutory time period and denying appellant’s request to file exceptions to commissioner’s report late and in accepting recommendations in commissioner’s report; additional issues barred by Rule 5A:18
1155072 School Board of the City of Norfolk v. Simon Jordan 02/05/2008
No error in commission’s denial of appellant’s application to terminate appellee’s outstanding award of temporary total disability benefits where sufficient evidence proved appellee remains disabled due to his work accident
1508064 Timothy L. Fitzpatrick v. Commonwealth of Virginia 02/05/2008
Rule 5A:18 bars issue raised on appeal that Code § 19.2-295.2 permits the executive branch, through the Parole Board, to perform a judicial function of imposing a sentence imposed pursuant to Code § 19.2-295.2
1574074 Lowell F. Smith v. Alice L. Thornton-Smith 02/05/2008
No error in trial court’s award of rehabilitative spousal support to appellee
1787073 Latricia Porter v. Roanoke City Department of Social Services 02/05/2008
Trial court did not err in terminating appellant’s parental rights to her son where evidence proved appellee provided reasonable and appropriate services for her special needs and appellee presented clear and convincing evidence to support termination under Code § 16.1-283(B)
1914074 Michael Peron v. Roanoke Express and Villanova Insurace Company/Virginia Property, etc. 02/05/2008
No error in commission’s finding that appellant’s amended claim was barred by two-year statute of limitations
2320062 Joseph A. Moses Harris, Jr. v. Commonwealth of Virginia 02/05/2008
Trial court did not err in denying motion to suppress where officer was able to sufficiently corroborate information from anonymous tip and had reasonable suspicion to effect a brief detention of appellant
2921063 Joshua Michael Pruitt v. Commonwealth of Virginia 02/05/2008
Trial court did not err in admitting certificate of analysis of breathalyzer test where circumstantial proved time of accident and thus when appellant was driving under the influence, in denying motion to suppress statement that he was operator of vehicle, and in finding evidence sufficient to support conviction of driving under the influence, third offense in five years
0372072 John Michael Phillips, Sr. v. Commonwealth of Virginia 01/29/2008
Appellant’s conviction of construction fraud reversed and dismissed where evidence did not support that appellant obtained an advance of funds with fraudulent intent
0400074 Reena Sangwan, a/k/a Mary Eldridge v. Fairfax County Department of Family Services 01/29/2008
Trial court did not err in terminating appellant’s parental rights to her child where evidence proved termination was in child’s best interest and appellant, without good cause, had been unwilling or unable to remedy conditions leading to child’s placement in foster care within a reasonable time
0541074 Betty Jean Stewart-Payne v. Raymond V. Payne 01/29/2008
Error in trial court’s decision to allow appellee to continue to make mortgage payments and receive credit for them in lieu of making required child support payments where residence was no longer habitable after a fire, leaving appellant and child without a residence or sufficient funds to obtain shelter
0739071 Brian McKee v. Barbara McKee 01/29/2008
No error in trial court’s finding that appellant had the capacity to pay spousal support; issue of amount of award reversed and remanded to trial court for further proceedings
1249072 Denise Sutton v. Speedy's Petroleum, Inc. and Uninsured Employer's Fund 01/29/2008
No error in commission’s finding that appellant failed to carry the burden of proof showing that a specific condition of her employment caused her accident
1370063 Jami Dawn Dunn v. Commonwealth of Virginia 01/29/2008
As evidence did not support 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, matter remanded to trial court for resentencing on lesser-included convictions of possession of methamphetamine and possession of marijuana
1501073 Anne Boudwin v. J. Thomas Catania 01/29/2008
Summary affirmance – no error in trial court’s denial of appellant’s “Motion for Various Relief” pertaining to sale of marital home
1652064 Deborah Kay Stout v. Commonwealth of Virginia 01/29/2008
Trial court did not err in admitting evidence of gunshot residue on appellant’s hand on the night of murder of victim and in refusing appellant’s proffered jury instruction
1712063 David Reed Jennings v. Commonwealth of Virginia 01/29/2008
Trial court erred in denying motion to suppress evidence of firearm and cocaine found on appellant’s person where officer lacked reasonable suspicion to conduct the detention and frisk
2205071 Eva M. Towns-Hinton v. Obici Health System and Liberty Insurance Corporation 01/29/2008
No error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
2506064 J.B. Farmer v. Commonwealth of Virginia 01/29/2008
Judgment of trial court reversed and bench warrant dismissed where this revocation proceeding was time barred by Code § 19.2-306
0067071 Timothy Lance Westfall v. Deborah Sue Westfall 01/22/2008
No error in trial court’s entry of final decree of divorce with regard to denial of appointment of guardian ad litem for minor children, equitable distribution of parties’ property, deviating from presumptive amount in calculating child support, and in ordering appellant to have no contact with children unless they initiate it
1562073 Gail Andrews v. Roanoke City Department of Social Services 01/22/2008
Evidence was sufficient to support termination of parental rights to four of appellant’s children where it proved it was not reasonably likely conditions resulting in abuse or neglect could be substantially corrected or eliminated with reasonable period and that appellant was without good cause, unable to remedy conditions for a period in excess of twelve months
1749061 Frank Eugene Solesbee, Jr. v. Commonwealth 01/22/2008
Evidence was sufficient to support appellant’s conviction of possession of burglarious tools were evidence showed appellant used the plastic ties to bind victim’s hands and feet in the course of robbery to accomplish the theft
1781061 Brian Curtis McCray v. Commonwealth 01/22/2008
Trial court did not err in admitting certificate of analysis as appellant waived his Confrontation Clause rights by not giving the Commonwealth notice that he desired to examine the scientist who preformed the analysis before the day of trial
1789073 Victoria M. MacLean v. Roanoke County Department of Social Services 01/22/2008
Evidence was sufficient to support termination of parental rights to appellant’s daughter where it proved she was unable to remedy substantially the conditions leading to the child’s placement in foster care and efforts were sufficient to assist appellant
1877061 Carlos J. McCray v. Commonwealth 01/22/2008
No error in trial court’s denial of motion to suppress evidence obtained during investigative detention of appellant; evidence was sufficient to support convictions of robbery, use of a firearm in commission of a felony, and assault and battery of police officer
2782064 Luis Armando Solorzano v. Commonwealth 01/22/2008
Evidence was sufficient to support convictions of assault and battery of a firefighter and obstruction of justice of police officer
0163072 Payton Randolph Anderson, III v. Commonwealth of Virginia 01/15/2008
Trial court did not err in denying motion to suppress statements appellant made to police where he was detained incident to a traffic stop and was not in custody for purposes of Miranda when he answered questions
0206074 Terrance Anthony Evans v. Commonwealth of Virginia 01/15/2008
Trial court did not err in convicting appellant of three separate counts of carnal knowledge where evidence proved statutory elements of carnal knowledge of a child were satisfied with each successive act of sexual intercourse
0313072 Infineon Technologies North America Company and et. al. v. Dana H. Chase 01/15/2008
No error in commission’s award of benefits to appellee where evidence supports finding that appellee had a compensable occupational disease and appellee had not obtained her pre-injury status and had not recovered from her disabling condition caused by exposure to chemicals
0436073 Patterson Brothers Paving, Inc. and et. al. v. Thomas Edward Lacy 01/15/2008
Commission did not apply correct legal analysis in determining whether appellee was responsible for his wrongful conduct resulting in his termination when it determined that while appellee was terminated for justified cause but not such as to warrant a permanent forfeiture of his disability benefits
0510074 Letha J. Shannon v. Dennis F. Shannon 01/15/2008
No error in trial court’s equitable distribution of parties’ property wherein it refused to award appellant a portion of appellee’s military pension, refused to impute income to appellee, refused to award appellant current spousal support, and refused to award appellant attorney’s fees; trial court did not err in refusing to award appellee portion of appellant’s pension
0536071 Randolph S. Thomas v. Kathy P. Thomas 01/15/2008
No error in trial court’s discretionary decisions based upon reasonable debatable factual disputes regarding equitable distribution, spousal support, and attorney fees and costs
0559071 William F. Harber v. Charlene M. Harber 01/15/2008
Trial court erred in imputing income to appellant at his pre-retirement employment rate for purposes of calculating amount of spousal support to appellee; on remand to recalculate amount of spousal support, trial court should not consider appellee’s expenses for her two adult children who live with her
0585072 Earl McCatty v. Commonwealth of Virginia, Department of Professional and etc., et. al. 01/15/2008
No error in trial court’s dismissal of appellant’s appeal of the denial of his claim by the Board for Contractors under the Virginia Contractor Transaction Recovery Act where evidence showed appellant’s wife received payment of her claim and there was only one transaction and one judgment
0610072 Lokesh Babu Vuyyuru, M.D. v. Virginia Board of Medicine 01/15/2008
No error in Board’s revocation of appellant’s medical license where Board’s findings were supported by substantial evidence and appellant was afforded due process before the Board
0972072 Virginia Department of Taxation v. Willis Brailey 01/15/2008
Trial court acted outside the scope of judicial review when it reversed a procedural ruling of the Department of Employment Dispute Resolution
0987074 Warren (County of) and et. al. v. Yvonne D. Donahoe (Widow of James O. Donahoe), et. al. 01/15/2008
No error in commission’s finding that deceased employee was an employee of Warren County for purposes of payment of benefits under the Workers’ Compensation Act
1809072 Micheal R. Lane, Sr. v. Virginia Employment Commission and Van Go, Inc. of Richmond Corporation 01/15/2008
Summary affirmance – No error in finding that appellant was terminated from his employment due to work-related misconduct and in denial of his claim for unemployment benefits on that ground
2126072 Tuckahoe YMCA and Manufacturers Alliance Insurance Company v, Kristen Roberts Shores 01/15/2008
Summary affirmance – No error in commission’s finding regarding appellee’s treating physician and whether her referral was valid
2498062 Robert Keith Smith v. Commonwealth of Virginia 01/15/2008
Trial court did not err in admitting appellant’s statements made to police while he was not in custody and the police activity surrounding those statements was not coercive
2548064 Rebecca R. Donofrio v. Edward Donofrio 01/15/2008
Trial court applied an incorrect standard of proof in determining appellant submitted a forged property settlement agreement; matter remanded to trial court for further proceedings
2638061 David Yancey v. Commonwealth of Virginia 01/15/2008
No error in trial court’s denial of motion to suppress as officers did not violate the Fourth Amendment by detaining appellant to investigate trespassing offense and evidence supported that conviction; trial court erred in convicting appellant of obstructing justice where only evidence of obstruction presented was appellant’s flight from scene
3134061 Richard Caleb Shelton v. Commonwealth of Virginia 01/15/2008
Trial court did not err in finding evidence was sufficient to convict appellant of robbery and use of a firearm in the commission of robbery; trial court did not abuse its discretion in denying motion to reconsider and request for a new trial based on after-discovered evidence, and in denying motion for a continuance
0239074 Muluken Huila Wubneh v. Commonwealth of Virginia 01/08/2008
No error in trial court’s finding that Commonwealth presented credible and competent evidence to prove object used to intimidate victim in robbery was in fact a firearm
0498074 American Zurich Insurance Company v. Jamie Martinez, Deybin Noel (David) Ortiz Gomez, etc. 01/08/2008
Commission erred in setting aside and vacating unappealed decision of deputy commissioner on ground of mutual mistake of fact where evidence did not prove parties shared same mistaken belief as to identity of claimant’s supervisor; res judicata bars claimant’s second claim against employer
1400073 Nancy Henness v. Roanoke City Department of Social Services 01/08/2008
Judgment of trial court terminating appellant’s parental rights to her child affirmed where her parental rights were terminated under two subsections of statute and appellant only presented argument on appeal with regard to one of the subsections
1605061 Clarence Alston, III v. Commonwealth of Virginia 01/08/2008
Issue of postrelease supervision imposed in final order remanded to trial court to fix a term between confines of six months and six years
1643061 Shaun Anthony Woodhouse v. Commonwealth of Virginia 01/08/2008
Trial court did not err in denying motion to suppress evidence of firearm where police officers had reasonable articulable suspicion under totality of circumstances to detain appellant and owner of vehicle gave permission for search resulting in seizure of firearm
2665061 Michael A. Bailey v. Commonwealth of Virginia 01/08/2008
Trial court did not err in admitting four rocks of cocaine recovered from appellant’s accomplice’s pocket into evidence as they were legally relevant; evidence was sufficient to support conviction of possession of cocaine with intent to distribute
1922071 Commonwealth of Virginia v. Steven D. Blount 01/04/2008
Order of trial court affirmed under Rule 5A:18 where argument on appeal, application of a reasonableness standard for stop, not presented to trial court; Commonwealth did not object to trial court’s use of probable cause standard
0005072 Thomas Lee Fitzgerald v. Commonwealth of Virginia 12/27/2007
Trial court did not err in finding victim’s evidence of value sufficient to prove value to support conviction of grand larceny; trial court properly refused to instruct jury on petit larceny
0043073 Fred William Kinser v. Patricia Ann Fleming Grimm Kinser 12/27/2007
Trial court did not err in denying husband’s motion to dismiss for lack of jurisdiction where husband did not meet the burden of proof to establish that fact; trial court did not err in awarding attorney’s fees to wife
0162071 Virginia Department of State Police v. Ross M. Thompson 12/27/2007
Trial court erred in examining conduct at issue in contravention of the standard of review, whether hearing officer’s decision was contradictory to law, in this case and improperly disregarded hearing officer’s factual findings; hearing officer’s decision reinstated
0460074 Patrick R. Delaney v. Mary C. Delaney 12/27/2007
Trial court did not err in finding appellant failed to meet his burden of establishing a faultless material change in circumstances warranting a modification of his child support obligation
0547072 Robert Waverly Roper v. Nancy Chenault Roper 12/27/2007
Trial court did not err in awarding wife 45% of marital residence, in refusing to grant husband divorce on ground of constructive desertion, and in refusing to award husband attorney’s fees
0588074 Asli Everett v. Ronald James Everett 12/27/2007
Trial court did not err in correcting a clerical error in the original order which was inconsistent with court’s oral ruling from bench; issue of whether trial court erred in granting husband an extension of time to repay additional attorney’s fees is moot
0704074 Shakina Nicole Piatt v. Anthony Colvin 12/27/2007
Trial court did not err in dismissing appellant’s appeal from the juvenile and domestic relations district court where it found appellant did not sign the notice of appeal and that it was not signed on her behalf
0745071 William K. Lennon, D.D.S. v. Virginia Board of Dentistry 12/27/2007
Trial court did not err in accepting the Board’s answer, filed one business day after the expiration of the 21-day response time, or in finding Board’s findings of fact were supported by evidence; appellant’s other arguments barred by Rule 5A:20(e)
0754074 Anne Elizabeth Sirney v. Richard Paul Sirney 12/27/2007
Summary affirmance – Trial court did not err in awarding sole legal custody of the parties’ children to father
1494062 Michelle Diane Lindsey v. Commonwealth of Virginia 12/27/2007
Trial court erred in applying the Code § 19.2-271.2 exceptions and allowing appellant’s husband to testify against her where appellant was charged with uttering a check with insufficient funds and husband was not a “victim” of this offense
1673074 Barbara Ellen Carey v. ARlington Hospital, Inc., & et. al. 12/27/2007
Commission did not err in finding that tuberculosis is an ordinary disease of life and in finding that appellant failed to prove by clear and convincing evidence that she failed to prove she contracted the disease through her employment
1692063 Tiffany Shantele Spears v. Commonwealth of Virginia 12/27/2007
Trial court did not abuse its discretion in denying appellant’s motion for a continuance, the morning of trial, to allow her time to retain an attorney where court noted difficulty in securing presence of witnesses for both sides and appellant’s attorney was prepared for trial
1913061 Alfred Lee Spivey v. Commonwealth of Virginia 12/27/2007
Evidence sufficient to support appellant’s conviction of possession of heroin where it proved appellant had actual and knowing possession of heroin capsule in his hand when police officer found him unconscious in passenger seat of vehicle
2080062 Rodrissa Elizabeth Polite Collins v. Commonwealth of Virginia 12/27/2007
Evidence was sufficient to support appellant’s conviction of misdemeanor obstruction of justice where appellant’s conduct clearly indicates she intended to prevent officer from performing his duty
2246062 Anthony Branch, s/k/a Anthony Levon Branch v. Commonwealth of Virginia 12/27/2007
Appellant’s argument on appeal that trial court erred in denying motion to suppress because officer did not have probable cause to seize stolen jet skis from appellant’s property barred by Rule 5A:18
2435061 Qaadir Tariq Hasan v. Commonwealth of Virginia 12/27/2007
Trial court did not err in denying motion to suppress appellant’s statements to police where evidence showed appellant not “in custody” when police asked only general questions of the sort intended to learn appellant’s identity after stop of his vehicle and ensure officers’ safety and officers informed him that he was not under arrest
2941061 Carey Dean Roberts v. Debora B. Roberts 12/27/2007
Trial court did not err in awarding bulk of marital estate to wife where husband made only negative contributions to the marriage and husband’s behavior affected marital estate; appellant’s other issues barred by Rule 5A:20(e)
3086064 Edwood C. Spencer v. Commonwealth of Virginia 12/27/2007
Judgment of trial court affirmed without reaching issue raised by appellant as he did not challenge other ground court used in revoking his probation and that ground is legally sufficient to support revocation and does not reflect abuse of discretion
3139064 Donald H. Roper v. Commonwealth of Virginia 12/27/2007
Trial court erred in permitting appellant’s statement to police to be put into evidence to rebut his testimony where appellant suffered prejudice from Commonwealth’s failure to disclose the statement it used to impeach him and his defense was dependent upon jury’s finding him to be credible
0204072 David Jay Didio v. Sara Thoits Didio 12/18/2007
Trial court erred in considering husband’s student loans as income and in its equitable distribution of parties’ assets; issues of spousal support, child support, and attorney’s fees also remanded for reconsideration; trial court did not err in granting divorce to wife or in crafting provisions of husband’s visitation with parties’ daughter
0314072 James M. Strickland v. Teresa Strickland 12/18/2007
Trial court erred in allocating the entirety of the bankruptcy debt consolidated during the marriage to husband and in its arrearage determination; all other issues affirmed
0426072 Rivanna Water & Sewer Authority & et al. v. Rose Lafleur 12/18/2007
Commission erred in finding claimant’s injuries sustained from a lightning strike arose out of her employment; award of benefits reversed
0427072 Tina Wilson, f/k/a Tina M. Epley v. James O. Epley 12/18/2007
Trial court did not err in awarding father sole legal and physical custody of parties’ daughter where evidence supported finding that best interest of child would be served by awarding custody to father
1813061 Denory A. Bell v. Commonwealth of Virginia 12/18/2007
No error in appellant’s convictions of two counts of forcible sodomy where evidence was sufficient to prove element of intimidation as required by statute
1846061 Frederick Christopher James v. Commonwealth of Virginia 12/18/2007
Evidence was sufficient to support appellant’s conviction where victim’s testimony was sufficient to prove she entered into an oral bailment agreement with appellant for the use of her vehicle and appellant did not return it pursuant to the agreement
2149062 Melvin Leroy Smith v. Commonwealth of Virginia 12/18/2007
Evidence was sufficient to support appellant’s conviction of possession of cocaine with intent to distribute where it proved appellant possessed cocaine found in wooded area where he fled after being stopped for traffic offense
2422061 Joseph Wayne Scott v. Joan A. Scott 12/18/2007
Trial court did not err in valuing husband’s accounting practice or in ordering husband to pay some of wife’s attorney’s fees
2617054 Craig M. Lantion v. Commonwealth of Virginia 12/18/2007
Upon Rehearing En Banc – trial court did not err in denying motion to suppress, and appellant’s conviction is affirmed
2690063 Ted Michael Stallings, s/k/a Ted Michael Stallings, Jr. v. Commonwealth of Virginia 12/18/2007
Trial court did not err in denying motion to suppress where the emergency doctrine rendered the officers’ initial entry of appellant’s home reasonable; two firearms discovered in plain view in that entry were properly admitted into evidence; any error in admitting additional firearms discovered during full search harmless
2813062 Carl Maurice Robinson, Jr. v. Commonwealth of Virginia 12/18/2007
Appellant’s appeal of trial court’s refusal to suspend the execution of his sentence and allow him to remain on bond pending appeal is dismissed as moot where appeal of criminal convictions has been denied by this Court and by the Supreme Court; this case no longer presents a live case or controversy
2870064 Joanna Ulka Ghulam v. Ghulam Ali Sidiqi 12/18/2007
Trial court did not err in finding that husband did not dissipate marital assets after parties separated, awarding husband divorce on ground of wife’s adultery, classifying certain property, denying spousal support to wife, and denying attorney’s fees to wife
3128061 Lakeitha D. Brickhouse v. Commonwealth of Virginia 12/18/2007
No error in appellant’s conviction of possession of cocaine with intent to distribute as a principal in second degree where evidence proved appellant allowed others to store cocaine in her house
0374073 Campbell County Department of Social Services v. Michael W. Brizendine and Angela Brizendine 12/11/2007
No error in trial court’s finding that appellant failed to prove by clear and convincing evidence that termination of appellees’ parental rights to three of their children was appropriate
0612053 Thomas Lyle Switzer v. Paula Marie Switzer 12/11/2007
Summary affirmance – Trial court did not err in finding custody issue has been fully and finally litigated and is barred by res judicata
1122053 Thomas Lyle Switzer v. Samuel S. Smith, Jody B. Smith and Paula Switzer 12/11/2007
As no opening brief filed in this case, appeal is dismissed
1504064 Jerry David Sayers v. Commonwealth of Virginia 12/11/2007
Appellant’s conviction of statutory burglary affirmed where evidence was sufficient to support jury’s finding that appellant’s entry into residence was without permission
3046062 Edward Louis Elam, a/k/a Ed Louis Elam v. Commonwealth of Virginia 12/11/2007
No error in trial court’s finding that victim’s testimony was not inherently incredible as a matter of law and was sufficient to support appellant’s conviction of rape
0129074 Tracy Hensley v. Culpeper County Department of Social Services 12/04/2007
No error in trial court’s decision to terminate appellant’s parental rights to three of her children where evidence proved foster care plans were timely filed, the appellee met its burden of proof by clear and convincing evidence, and appellee timely pursued termination petitions
0621072 Patrick W. Finnerty, Director Department of Medical Assistance Services v. Ann Robinson 12/04/2007
Trial court erred in reversing decision of hearing officer as to fair market value of appellee’s residence; evidence supported hearing officer’s finding that the county’s tax assessment of the property reflected its fair market value
0657074 Leslie Neil Miles v. Culpeper County Department of Social Services 12/04/2007
No error in trial court’s decision to terminate appellant’s parental rights to three of his children where evidence proved foster care plans were timely filed, the appellee met its burden of proof by clear and convincing evidence, and appellee timely pursued termination petitions
1480074 Clean Scape, Inc. v. Francisco Gabriel Ramirez-Gutierrez 12/04/2007
Summary affirmance – No error in commission’s credibility findings; two arguments barred by Rule 5A:18
1763072 Anthony Petraitis v. Prevent Blindness America and St. Paul Fire & Marine Insurance Company 12/04/2007
Summary affirmance – No error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of and in the course of his employment
2424061 Joseph C. Florio v. Barbara E. Clark, William B. Clark and Joyce Childers 12/04/2007
Rehearing En Banc granted
1463072 Commonwealth of Virginia v. Richard Phillips 11/28/2007
Argument raised on appeal, that the trial court erred by dismissing an indictment charging object sexual penetration on speedy trial grounds, barred by Rule 5A:18
1092072 Rex G. Dowtin v. Barbara D. Dowtin 11/27/2007
Summary affirmance – Appellant’s argument that trial court erred by entering final decree that was contrary to an earlier oral finding is without merit as matter was under control of court until time final decree was entered and could revise its findings as necessitated by evidence and arguments of counsel
1434063 Tony L. Jones, a/k/a Loco, s/k/a Tony Lamont Jones v. Commonwealth of Virginia 11/27/2007
Trial court erred in denying motion to set aside verdicts where evidence presented to the jury was insufficient to prove appellant participated in murder of victim or used a firearm during the commission of a felony; convictions of first-degree murder and use of a firearm during commission of a felony are reversed and indictments are
1619063 Monserrate Seis v. Commonwealth of Virginia 11/27/2007
Trial court did not err in joining multiple offenses together for a single trial where incidents were connected and constituted part of common scheme; trial court did not err in refusing to grant a mistrial based on witness testimony; evidence was sufficient to support convictions
2501062 William Marzette v. Commonwealth of Virginia 11/27/2007
Trial court erred in denying motion to suppress firearm recovered during an illegal pat down and Commonwealth’s argument of inevitable discovery doctrine does not apply to the facts of this case; conviction of possession of a firearm by a convicted felon reversed and remanded
2628064 Jordan Joseph Kinard v. Commonwealth of Virginia 11/27/2007
No abuse of trial court’s discretion in allowing Commonwealth to introduce into evidence a BB gun found in appellant’s possession at the time of his arrest
0831072 Tywanda Carter v. Fredericksburg Department of Social Services 11/20/2007
Evidence supports trial court’s finding that DSS made reasonable and appropriate efforts to provide services to appellant; trial court did not err in terminating appellant’s parental rights to her child
1127073 Lawrence Williams v. Barbara H. Williams 11/20/2007
Summary affirmance – issues raised by appellant on appeal are procedurally defaulted under Rule 5A:18 as statement of facts does not recite any objections or arguments made by appellant to trial court’s rulings
1728073 Greater Wise, Inc. and Rockwood Casualty Insurance Co. v. Jackie R. Yates 11/20/2007
Summary affirmance – no error in commission’s decision that appellee proved he sustained an injury by accident arising out of and in the course of his employment
1744073 Lenord L. Wilkins v. Mailcon and American Zurich Insurance Company 11/20/2007
Summary affirmance – no error in commission’s finding the appellant failed to prove entitlement to an award of temporary total disability benefits
1764074 Michael John Star, f/k/a, etc. v. Commonwealth of Virginia Department of Social Services, etc. 11/20/2007
Summary affirmance – res judicata bars this appeal of the trial court’s denial of appellant’s motion to vacate as the issues and parties are the same as decided in trial court’s final order; appellant sought same remedy in motion to vacate as he requested and was denied by trial court in its final order
2701054 Howard Lewis Vincent, Jr. v. Commonwealth of Virginia 11/20/2007
Upon Rehearing En Banc – Court finds evidence was sufficient to support appellant’s conviction of breaking and entering with intent to commit larceny and appellant’s conviction is affi
0170073 Dudley A. Cash v. Barbara Clark, F/K/A Barbara C. Cash 11/13/2007
Summarily affirmance – trial court did not err in its modification of the amount of spousal support owed to appellee; part of appeal dismissed for failure to comply with Rule 5A:20(e)
1498063 Frank Eugene Solesbee, Jr. v. Commonwealth of Virginia 11/13/2007
Trial court did not err in admitting evidence of other crimes to prove the identity of appellant as the person who robbed the victim and did not err in refusing to dismiss the indictment on the ground that the Commonwealth withheld exculpatory evidence
1815064 Robin Norton v. Catholic Charities of the Diocese of Arlington, Inc. 11/13/2007
Trial court lacked jurisdiction to terminate appellant’s parental rights to her children as no valid entrustment agreements were in effect at time trial court terminated
2583062 Kelvin Watson v. Commonwealth of Virginia 11/13/2007
Trial court did not err in refusing to suppress evidence obtained during search of appellant where officer had reasonable, articulable suspicion to conduct an investigatory stop for the crime of trespassing; evidence was sufficient to prove an intent to distribute the drugs
3066062 Annette Morgan, F/K/A Annette M Watkins v. David B. Watkins 11/13/2007
Trial court did not err in finding that an award of spousal support to appellant was not warranted and denying her request for spousal support
3176063 County of Washington Social Services and et al. v. Betty Severt Rouse 11/13/2007
Commission erred in finding that appellee proved her injury was caused by a condition of her workplace and arose out of her employment when she suffered a fall while entering her place of employment
0449071 Anthony L. Peoples v. Commonwealth of Virginia 11/06/2007
Trial court did not err in finding evidence sufficient to support appellant’s convictions of distributing heroin and distributing controlled substance within 1000 feet of school or in denying appellant’s motion for continuance to obtain presence of witness at trial where trial court found witness was not a material witness
0877062 Jeffrey Lewis Haley v. Commonwealth of Virginia 11/06/2007
Trial court did not err in allowing amendment of some of indictments, refusing to recuse itself after hearing proffer of Commonwealth’s evidence during pretrial motion hearing, and finding evidence sufficient to support appellant’s convictions of rape, object sexual penetration, and indecent liberties with a child
0890071 Colin Q. Chappell v. City of Newport News Department of Social Services 11/06/2007
Summary affirmance – Trial court did not err in changing goal of foster care plan for appellant’s child from return to parent/placement with relatives to adoption where evidence showed that was in child’s best interests
1269052 April Nicole Corsaro v. Commonwealth of Virginia 11/06/2007
Upon Rehearing En Banc – Finding appellant’s issue of whether the trial court violated her constitutional right to confront witnesses procedurally barred and that her second question presented did not address trial court’s alternate holding, appellant’s conviction of conspiracy to distribute cocaine is affirmed
2939062 Tyrone L. Wheless v. Commonwealth Catholic Charities 11/06/2007
Trial court did not err in concluding evidence was sufficient to justify termination of appellant’s parental rights to his child
0827073 Melissa Pillow Blackard v. Danville Division of Social Services 10/30/2007
Trial court did not err in finding appellee proved by clear and convincing evidence that termination of appellant’s parental rights to her child was proper under Code § 16.1-283(C) and was in child’s best interest
1027062 Deanna Hilda Large v. Commonwealth of Virginia and County of Spotsylvania 10/30/2007
No error in appellant’s conviction of involuntary manslaughter where evidence was sufficient to prove appellant owned two of the dogs involved in the attack and knew or should have known they were dangerous; no error in trial court’s refusal to appoint appellant a trace evidence expert or an animal behavior expert
2424061 Joseph C. Florio v. Barbara E. Clark, William B. Clark and Joyce Childers 10/30/2007
Trial court did not err in finding clear and convincing evidence of special and unique circumstances rebutting the presumption of favor of awarding custody of child to parent, in denying custody of child to appellant, and in finding best interests of child would be served by awarding custody of child to aunt and her husband
0116071 Ronald Blueford and Christine Sampson/Howard Funeral Home v. Ulysses C. Wise, Sr. 10/23/2007
Summary affirmance – no error in commission’s finding that appellee proved a compensable injury by accident
0539061 Kenneth Ferguson v. Commonwealth of Virginia 10/23/2007
Rehearing En Banc granted
1290062 Kelvin Maurice Belton v. Commonwealth of Virginia 10/23/2007
Trial court erred in finding Commonwealth’s evidence of force sufficient to sustain a conviction of felony obstruction; as evidence did prove appellant obstructed officer in performance of his duties, matter remanded for resentencing on lesser-included misdemeanor obstruction conviction
2140062 Robert Anthony Raikes v. Commonwealth of Virginia 10/23/2007
Trial court did not err in denying motion to strike evidence where review of entire record shows it is clear that the correct date of appellant’s arrest was in evidence and time is not element of driving under the influence
2698061 Alan K. Banks v. Valerie Brown 10/23/2007
Trial court did not err in denying appellant’s request to reduce spousal support award where no evidence proved material change in circumstances to warrant a reduction; trial court did not err in awarding appellee her attorneys’ fees
2781062 Faye M. Allen v. Lawrence C. Allen 10/23/2007
Trial court did not err in refusing to grant appellant a divorce on ground of constructive desertion, granting appellee a divorce on ground of desertion, refusing award of spousal support to appellant or in refusing her request for attorney’s fees
2914063 Wal-Mart Associates, Inc., and et al v. Jonathan Edward Cannon 10/23/2007
Commission did not err in finding appellants owed unpaid wage benefits and a penalty to appellee under an open award where employer had all the necessary information to file a change-in-circumstances application when appellant went back to work shortly after his injury and failed to do so despite being reminded several times
3043062 Pernell Andrew Hobson v. Commonwealth of Virginia 10/23/2007
Trial court did not err in admitting certificate of analysis where evidence proved Commonwealth provided copy of certificate pursuant to appellant’s first attorney’s discovery request and did not provide copy to appellant’s second attorney despite his timely request
1227071 Richard F. Davis, II v. Kinga Davis 10/16/2007
Summary affirmance – trial court did not err in finding no material change in circumstance that would just justify a reduction in appellant’s child support obligation
1834063 Darrin Douglas Thomas v. Commonwealth of Virginia 10/16/2007
Trial court did not err in finding officer had reasonable suspicion to believe appellant was engaged in criminal activity and could lawfully detain appellant to confirm or dispel those suspicions and in finding appellant consented to search of his person
1971061 Antonio Lewis Goodman v. Commonwealth of Virginia 10/16/2007
Trial court erred in denying motion to suppress where officer did not have reasonable, articulable suspicion to detain appellant as information from informant did not indicate that appellant’s possession of firearm was illegal; conviction reversed and indictment dismissed
0662071 Commonwealth of Virgina v. Walter Earl Jenkins, IV 10/09/2007
Trial court erred in applying an incorrect legal standard and employed an overly demanding test for determining reasonable suspicion; as appellant was lawfully detained, the trial court erred in suppressing incriminating evidence discovered during the detention
1022061 Ronnie Sherrod Monk v. Commonwealth of Virginia 10/09/2007
Trial court did not err in denying appellant’s motion to modify the sentence imposed where more than 21 days had elapsed and appellant did not prove the trial court had jurisdiction to entertain the motion pursuant to Code § 19.2-303
1034073 Newroads Southeast and Travelers Indemnity Company of America v. Martha A. Perryman 10/09/2007
Summary affirmance – no error in commission’s finding that appellants failed to prove appellee was capable of performing all duties of her pre-injury employment as of April 20, 2006 and that appellants made a bona fide offer of selective employment which appellee unjustifiably refused
1073071 Wendell Trout Grissom v. Norfolk Shipbuilding and Drydock Corporation 10/09/2007
Summary affirmance – no error in commission’s decision that appellant’s claim for asbestosis was barred by the applicable statute of limitations
1346072 CVS #00871 VA Distribution, Inc. and CVS Corp./GAB Robins North America Inc. v. Lee O. Brett 10/09/2007
Summary affirmance – commission did not err in finding appellee proved he injured his back and neck and suffered right leg pain as a result of his injury by accident and that his medical treatment and ongoing disability are causally related to his work injury
1722064 Joseph Daniel Brannon v. Janice A. Brannon 10/09/2007
Trial court did not err in dismissing appellant’s rule to show cause against appellee, denying appellant’s motions concerning the property settlement agreement, and awarding attorney’s fees to appellee under authority of the Property Settlement Agreement
2599062 Jacques Diego Elder v. Commonwealth of Virginia 10/09/2007
Evidence was sufficient to prove object appellant possessed was a firearm and supported conviction of possession of a firearm by a convicted felon
2614061 Melissa M. Williams v. Kenneth L. Williams 10/09/2007
Argument raised by appellant barred by Rule 5A:18 where record shows appellant endorsed the final decree “seen and objected to for the reasons previously stated” and record does not provide what those reasons were
2881061 Ronald Ray shepard v. City of Portsmouth Department of Social Services 10/09/2007
No error in trial court’s termination of appellant’s parental rights to his child where evidence proved termination was in child’s best interest, that appellant, for a six-month period, had failed to maintain continuous contact with child, and appellant failed to plan substantially for child’s future
0952074 Commonwealth of Virginia v. Nahom F. Beyene 10/02/2007
Trial court erred in holding that the officer lacked reasonable suspicion to stop the vehicle in which appellant was a passenger where officer observed vehicle speeding and following too closely; officer’s subjective motivation irrevelant
0978071 Eboni Clinton-Williams v. Newport News Department of Social Services 10/02/2007
Summary affirmance – Trial court did not err in finding evidence supported termination of appellant’s parental rights to her children
0981073 Brian R. Keith, S/K/A Richard Brian Keith v. Roanoke City Department of Social Services 10/02/2007
Trial court did not err in finding clear and convincing evidence proved circumstances required for termination of parental rights
1110072 AFGD Glass/AFG Industries, Inc., et al. v. Clarence Turner Heath, Jr. 10/02/2007
Summary affirmance – no error in commission’s finding that appellee proved he sustained a traumatic brain injury and that he reasonably marketed his residual work capacity
1356071 Avalon, Inc. and Princeton Insurance Company v. Debra J. Carter 10/02/2007
Summary affirmance – no error in commission’s finding that appellee proved that medical treatment rendered to her in September 2005 was casually related to her compensable November 3, 2003 injury by accident
1426064 Russell Kilby v. Commonwealth of Virginia 10/02/2007
Evidence was sufficient to support appellant’s convictions of one count of child cruelty and three counts of contributing to delinquency of minor
1427064 Virginia Ann Kilby v. Commonwealth of Virginia 10/02/2007
Court unable to address appellant’s principal argument on its merits because questions presented do not put the argument before the Court; Rule 5A:12 contains no good cause of ends of justice exceptions
1437071 Jerry Dean Tyree, Sr. v. Bobby's Muffler & Tire Center, Inc., et al. 10/02/2007
Summary affirmance – no error in commission’s finding that appellant was not totally disabled after June 6, 2006 and that he failed to adequately market his residual work capacity after that date
2179061 Terry William Corbin v. Commonwealth of Virginia 10/02/2007
Evidence was sufficient to convict appellant of carjacking, abduction, and robbery where testimony of victim was not inherently incredible or unworthy of belief; trial court did not err in refusing to set aside jury verdicts where jury acquitted appellant of use of a firearm in commission of robbery
2332051 Felipe Layug, III v. Commonwealth of Virginia 10/02/2007
Trial court did not err in admitting evidence of appellant’s accomplice’s subsequent killing where appellant challenged Commonwealth’s identification of him as one of perpetrators and the evidence of accomplice’s death tended to prove appellant’s identity
2392061 Bernard Edward Castilloux, Jr. v. Commonwealth of Virginia 10/02/2007
Trial court did not err in finding evidence sufficient to prove appellant intentionally possessed cocaine found in his pants pocket; Commonwealth’s opinion as to sufficiency of evidence not binding on trial judge as fact finder
2741064 Fairfax Hospital and Inova Health System Foundation, Inc. v. Elizabeth A. McKaveney 10/02/2007
Commission did not err in refusing to award a credit against workers’ compensation liability owed appellee where evidence did not prove allowances made to appellee by “employer” were truly a substitute for payment of wages
0882071 Commonwealth of Virginia v. Robert C. Collins, S/K/A Robert Leonard Collins 09/28/2007
Trial court erred in suppressing evidence of knife discovered during consensual encounter between police and appellant where officer searched appellant only after learning appellant had outstanding felony warrants
0620072 Jesse Ray Wysocki, Sr. v. Henrico County Department of Social Services 09/25/2007
No error in trial court’s termination of appellant’s parental rights to his children where evidence showed reasonable and appropriate services were provided to him and it was in children’s best interest to terminate his parental rights
0838064 Myron J. Turman v. Commonwealth of Virginia 09/25/2007
Trial court did not err in allowing victim to testify as to content of appellant’s instant message to her; trial court did not err in granting Commonwealth’s proposed jury instruction on flight
0968062 Iris Cynthia Franklin v. Commonwealth of Virginia 09/25/2007
Trial court did not err in finding evidence sufficient to support appellant’s convictions of two felony and two misdemeanor counts of embezzlement
1206073 Jesse Ray Brown v. The Pepsi Bottling Group, INc. and Old Republic Insurance Company 09/25/2007
Summary affirmance – no error in commission’s decision to suspend appellant’s award of temporary total disability benefits on ground he unjustifiably refused medical treatment
1240071 Howmet Corporation and Indemnity Insurance Company of North America v. Ronald L. Smith 09/25/2007
Summary affirmance – no error in commission’s award of benefits to appellee for hearing loss as a compensable ordinary disease of life
1282074 Manpower, Inc. and American Casualty Company of Reading, Pennsylvania v. Vera E. Godfrey 09/25/2007
Summary affirmance – no error in commission’s finding that appellee proved she sustained permanent partial disability within the applicable statute of limitations and awarding benefits for specified loss of use
1919064 Walter H.C. Drakeford v. Lisa M. Drakeford 09/25/2007
Trial court erred in adopting appellee’s written statement of facts without allowing appellant adequate opportunity to file objections under Rule 5A:8; matter remanded to trial court for a proper statement of facts
2200064 Pilar L. Morin v. Commonwealth 09/18/2007
Evidence was sufficient to support appellant’s conviction of driving under the influence under both subsection (i) and (ii) of Code § 18.2-266
0784071 Commonwealth v. Katherine Elizabeth Carter 09/14/2007
Trial court erred in granting motion to suppress evidence obtained incident to appellee’s arrest for public drunkenness where appellee charged under city ordinance with a more narrow scope of “in public” as officer had probable cause to arrest for public drunkenness under state statute
0632072 Reva Bedwell v. Virginia Retirement System 09/11/2007
Summary affirmance – no error in trial court’s affirmance of final case decision of Virginia Retirement System denying claim for disability retirement benefits
0913072 Uninsured Employer's Fund v. Jack R. Chaney 09/11/2007
Summarily affirmed in part and dismissed in part pursuant to Rule 5A:20 where issues raised in first question presented were not part of questions presented and no argument related to specific issue raised by first question presented
1041074 Larry Curtis Spurlock v. Utility Service Express, LLC and Ohio Casualty Insurance Company 09/11/2007
Summary affirmance – no error in commission’s finding that appellant’s disability is not related to his work accident
1116073 Sterling R. Brickey, Jr. v. Pardee Coal Company, Inc. and Valley Forge Insurance Company 09/11/2007
Summary affirmance – no error in commission’s finding that appellant’s claim for a back injury was barred by two-year statute of limitations
2219063 Steven Douglas Nack v. Debra Dickerson Edwards Nack 09/11/2007
No error in trial court’s classification of investment portfolio, buffalo, and assorted farm equipment as marital property; trial court erred in its classification of two vehicles as marital property
2223064 Chester E. Miller v. Linda S. Miller 09/11/2007
No error in trial court’s findings that parties failed to effectively revoke their antenuptial agreement, in accepting parol evidence on the intention of the parties, in holding that agreement dealt only with pre-marital assets of the parties, and in awarding spousal support to wife
2288063 Debra Dickerson Edwards Nack v. Steven Douglas Nack 09/11/2007
No error in trial court’s holding that the parties’ prenuptial agreement prohibits appellant from collecting attorney’s fees from appellee where agreement is clear and unambiguous that neither party is responsible for fees of the other
2354064 Linda S. Miller v. Chester E. Miller 09/11/2007
No error in trial court’s findings that the parties failed to effectively revoke their antenuptial agreement and that agreement remained valid and that wife failed to prove she relied on revocation of agreement to her detriment
0442073 David G. Batten v. Joan M. Batten 09/04/2007
Summary affirmance – No error in trial court’s denial of appellant’s request for permanent spousal support and attorney’s fees in this divorce action
0683071 Mary Immaculate Hospital, et al. v. Brenda Humphries Nash 09/04/2007
Summary affirmance – No error in commission’s finding that appellee was entitled to an award of permanent total disability benefits
0733064 Bruce Jerome Jones v. Commonwealth 09/04/2007
No error in trial court’s denial of motion to suppress where officer had reasonable suspicion to detain appellant for a Terry stop and where during stop appellant voluntarily consented to a search of his vehicle
0766064 Jeffrey Michael Fadness v. Lynette Thompson Fadness 09/04/2007
As decree appealed from is neither a final order nor an interlocutory order that adjudicates the principles of the cause, this Court is without jurisdiction to entertain appeal and it is dismissed
0931071 Food Lion, LLC and Delhaize America, Inc. v. Pamela Ann Center 09/04/2007
Summary affirmance – No error in commission’s finding that Code Section 65.2-708(C) applied to extend the limitations period in Code Section 65.2-708(A) or in declining to retain jurisdiction of appellee’s claim for permanent partial disability benefits until such time as the degree of permanency can be determined
1083074 Deborah Lynn Cooper v. BB&T Corporation and Hartford Casualty Insurance Company 09/04/2007
Summary affirmance – No error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
1847054 Michael James Miles v. Commonwealth 09/04/2007
Rules 5A:18 and 5A:20(e) preclude consideration of issues appellant raises as to whether trial court considered conduct it had previously considered in a prior violation of his probation and whether trial court erred in revoking appellant’s suspended time where he committed no additional acts of misconduct after previous revocation
0010072 Joseph B. Hersey, Sr. v. New Kent Department of Social Services 08/28/2007
Summary affirmance – no error in trial court’s finding that appellant’s son was abused and neglected as defined in Code § 16.1-228
0034072 Shawna Marie West v. New Kent Department of Social Services 08/28/2007
Summary affirmance – no error in trial court’s finding that appellant’s son was abused and neglected as defined in Code § 16.1-228
0710072 Lloyd Stewart, III v. Hopewell Department of Social Services 08/28/2007
Termination of appellant’s parental rights to his child affirmed where issues presented on appeal are procedurally defaulted under Rule 5A:18
1007064 Earl S. Garrett v. Warren County Department of Social Services 08/28/2007
Trial court did not err in its analysis of Code §§ 20-124.2 and 20-124.3 and in concluding that it was in best interest of children to deny custody to appellant, their grandfather
1835062 W. Frank Smart, Jr. v. Commonwealth 08/28/2007
Evidence sufficient to support appellant’s rape conviction; any error in trial court’s denial of discovery motion to obtain tape recording harmless where appellant made tape, testified to its contents, and contents of tape was cumulative of testimony of multiple witnesses
1864064 William Cochran Harrison v. Evelyn Greene Harrison 08/28/2007
Trial court erred in its equitable distribution of parties’ property where it divided an asset whose value could not be determined after presentation of evidence by parties
0644074 Commonwealth v. Calvin Lamont Bowman Jr. 08/27/2007
No error in trial court’s decision to suppress statements made pre and post Miranda where trial court found officers deliberately engaged in two-step interrogation strategy
0619072 Tawanda Evans Saunders v. Charlotte County Department of Social Services 08/21/2007
Summary affirmance – evidence was sufficient to support termination of appellant’s parental rights to her child was in child’s best interest
1458064 David Henry Determan v. Commonwealth 08/21/2007
No error in appellant’s conviction of assault and battery on a law-enforcement officer where evidence proved appellant intentionally urinated on the officer
1545062 Kevin Creswell Blake v. Commonwealth 08/21/2007
No error in trial court’s denial of motion to suppress where fact finder could reasonably infer that appellant continued to occupy room where firearms found, that he was aware of firearms in closet, and that firearms were subject to his dominion and control
1648064 Javier Amilcar Velasquez v. Commonwealth 08/21/2007
Court finds that jury instruction at issue was an accurate statement of the applicable law in this case and jury was properly instructed as to elements of crime of rape, a crime that does not require a specific intent
1938062 Charles Lee McDaniel, Jr. v. Philip Morris USA, Inc., et al. 08/21/2007
No error in commission’s termination of appellant’s temporary total disability benefits based on finding that appellant’s ongoing disability was not causally related to his compensable injury
0234072 Commonwealth v. Ronald Lewis Scott Snyder 08/14/2007
Trial court did not err in granting appellee’s motion to suppress evidence as the officer did not have reasonable suspicion to effect the traffic stop of appellee’s vehicle
0367071 Commonwealth v. Earl Nathaniel Combs, Jr. 08/14/2007
Trial court did not err in granting appellee’s motion to suppress evidence as the officer exceeded the scope of appellee’s consent
0387074 Maureen Blake v. Victor Blake 08/14/2007
Summary affirmance – no error in trial court’s order denying appellant’s petition for a protective order against appellee
0757071 George Huggett v. Quality Carpenters, Inc., et al. 08/14/2007
Summary affirmance – no error in commission’s finding that appellant’s injury sustained in a motor vehicle accident did not arise out of and in the course of his employment as he failed to prove an exception to the going and coming rule
1086072 Jacqueline Reynolds v. Anthony Conyers, Jr., Commissioner Virginia Department of Social Services 08/14/2007
Summary affirmance – circuit court’s decision upholding a Child Protective Services founded disposition of level one physical neglect and inadequate supervision is affirmed
1995064 Kent D.M. Burstein v. Anne M. Morriss 08/14/2007
Trial court did not err by denying appellant an interest in proceeds from the sale of real property purchased before the marriage by wife and her father, in not diminishing appellant’s statutory burden of proof to establish that interest, and in not granting appellant credit for mortgage principal paydown associated with that real property
2512064 Jon Thomas Dega v. Debra Ann Vitus 08/14/2007
Trial court did not err in awarding spousal support to appellee retroactive to the date of the filing of the bill of complaint and in accepting appellee’s testimony to determine appellant’s income; trial court erred in failing to consider the mortgage expenses paid on the rental property from the rental proceeds when considering appellant’s income from the beach house
2793064 Reffat K. Abofreka, M.D. v. Virginia Board of Medicine 08/14/2007
Trial judge’s order affirming the Board’s suspension of appellant’s medical license is affirmed
0503074 Louis John Swallow, Jr. v. Urbieta A. Swallow 08/07/2007
Summary affirmance – trial court did not err in imputing income to appellant; the remaining issues are procedurally barred
0586074 Inova Fairfax Hospital, et al. v. Jamie Yost, Administrator of the Estate of Orion Yost, et al. 08/07/2007
Summary affirmance - commission’s finding that the deceased infant does not qualify for inclusion under the Virginia Birth-Related Neurological Injury Compensation Act on the ground that the evidence failed to prove that the infant would have been permanently and motorically disabled is summarily affirmed
0677074 Carl T. Brown, M.D. v. Jamie Yost, Administrator of the Estate of Orion Yost, et al. 08/07/2007
Summary affirmance - commission’s finding that the deceased infant does not qualify for inclusion under the Virginia Birth-Related Neurological Injury Compensation Act on the ground that the evidence failed to prove that the infant would have been permanently and motorically disabled is summarily affirmed
0704064 Brian William Patton v. Commonwealth 08/07/2007
Trial court’s denial of appellant’s motion to suppress evidence is affirmed; trial court did not err by refusing to exclude evidence of wire transfers; appellant’s convictions are affirmed
0922064 Danilo Esteban Guerara-Sandoval v. Commonwealth 08/07/2007
Trial court did not err in admitting into evidence certain exhibits documenting appellant’s prior felony conviction; appellant’s conviction of possession of a firearm by a convicted felon is affirmed
1763064 Edwood C. Spencer v. Commonwealth 08/07/2007
Trial court did not abuse its discretion in finding a violation of probation; the revocation of appellant’s probation and the sentence imposed is affirmed
0585064 Christopher Nathaniel Archie v. Commonwealth 07/31/2007
Trial court did not err in its denial of motion to suppress statements appellant made to police and physical evidence seized as a result of those statements where officers used reasonable methods to protect themselves during stop
0590073 Lowe's of Charlottesville #517, et al. v. John W. Garver 07/31/2007
Summary affirmance - appellee proved his back surgery and total disability were causally related to compensable injury by accident
0725062 George Robert Frazier v. Commonwealth 07/31/2007
Evidence supported appellant's conviction of stalking where appellant engaged in conduct directed at victim on more than one occasion he reasonably should have known would place victim in reasonable fear of death, criminal sexual assault or bodily injury
0731073 James Melvin Ashby v. Ramar Coal Company, Inc., et al. 07/31/2007
Summary affirmance - No error in commission's finding that it lacked jurisdiction to consider claim for benefits alleging injury by accident where appellant did not establish grounds for applying doctrine of imposition to toll statute of limitations
0908074 Inova Fair Oaks Hospital, et al. v. Elizabeth Epps 07/31/2007
Summary affirmance - no error in commission's finding that appellee proved she sustained injury by accident arising out of and in the course of her employment
1185061 Christopher James Guinyard v. Commonwealth 07/31/2007
Finding a campus police officer employed by a private university does not fit within definition of law-enforcement officer under Code Section 18.2-57(C), matter remanded to trial court for sentencing on lesser-included offense of assault and battery
1469061 Elizabeth Anderson v. City of Hampton Department of Social Services 07/31/2007
Trial court did not err in admitting expert's testimony, in approving modification in foster care goal or finding child suffered abuse or neglect; however, as evidence did not support conclusion that appellant was unwilling or unable to remedy alleged abuse within reasonable time, order terminating parental rights reversed
2821064 Carol Bogossian Berryhill v. Jeffrey Scott Berryhill 07/31/2007
Trial court failed to make written findings to explain its award of spousal support as required under Code Section 20-107.1(F); that part of order reversed and matter remanded to trial court for further proceedings
0155062 Piper Ann Rountree v. Commonwealth 07/24/2007
Trial court did not abuse its discretion denying appellant’s motion to suppress the out-of-court identifications of the seven witnesses; trial court did not err in admitting the witnesses’ in-court identifications; appellant’s convictions are affirmed
0497074 Edyn Osley Guerra v. Hawk, Inc. and WCAMC Contractors Group Self Insurance Association 07/24/2007
Summary affirmance – commission’s decision denying claimant’s claim for permanent partial disability benefits is affirmed
0511074 Manor Care Health Services and American Manufacturers Mutual Insurance Company v. Cassandra D. Smith 07/24/2007
Summary affirmance – no error in commission’s finding that appellee proved her right total knee replacement and disability were causally related to her compensable injury by accident
0935062 Richard Calvert Croson v. Commonwealth 07/24/2007
Trial court did not err in denying appellant’s motion to suppress as the stop was lawful; appellant’s conviction of felony possession of cocaine is affirmed
1002064 Hedge Everett Washington, Jr. v. Commonwealth 07/24/2007
Trial judge did not err in ruling he lacked the authority to modify an order committing appellant to the Department of Juvenile Justice more than sixty days from the date of entry of the order
3065064 Michael Richardson v. Lensis Builders, Inc. and Nationwide Mutual Insurance Company 07/24/2007
No error in commission’s finding that appellee met its burden of proving appellant refused selective employment within his work capacity
0192072 Timothy Antonio Jones v. City of Richmond Department of Social Services 07/17/2007
Summary affirmance – no error in trial court’s finding evidence sufficient to terminate appellant’s residual parental rights to his daughter pursuant to Code Section 16.1-283(C)(2)
0352074 Williams Steel Erection Company, Inc. and Lumbermen’s Underwriting Alliance v. Frank Samuel Conely 07/17/2007
Summary affirmance – commission did not err in finding that claimant’s claim for permanent partial disability benefits for disfigurement associated with his injury by accident was timely and not barred by the doctrine of laches, and that claimant was entitled to return to doctor for an impairment rating of his injuries
0412064 Eric Fitzgerald Jones v. Commonwealth 07/17/2007
Trial court did not err in finding the evidence sufficient to support appellant’s convictions; trial court did not abuse its discretion in permitting the expert’s demonstration; remaining issue is barred by Rule 5A:18; trial court’s judgment and appellant’s convictions are affirmed
1375064 Howard A. Grad v. Judith A. Stone, f/k/a Judith A. Grad 07/17/2007
Trial court did not err in its spousal support award to appellee; trial court did not violate the law of the case doctrine
2089064 Deborah Clare Olson v. Scott Charles Olson 07/17/2007
Trial court erred in failing to provide a sufficient explanation for its departure from the statutory child support guidelines; judgment reversed and case remanded to the trial court
0749054 Mona Elisabeth Gupta v. Commonwealth 07/10/2007
Trial judge did not err by not granting appellant a continuance and in limiting her re-cross examination of the arresting officer; appellant’s argument that her constitutional and statutory rights were violated is barred by Rule 5A:18; issue of whether the trial judge erred by admitting the certificate of analysis into evidence is barred by Rule 5A:18; appellant’s conviction is affirmed
2445061 Timothy G. Brooker v. Judi E. Brooker 07/10/2007
Summary affirmance – trial court did not err in admitting evidence of an alleged affair and considering it when making the equitable distribution and spousal support awards; trial court did not abuse its discretion in its equitable distribution award or in its spousal support award; trial court did not err by awarding wife attorney’s fees; judgment affirmed and case remanded
1785064 Mitchell L. Phelps, Inc. v. Board of County Supervisors of Prince William County, et al. 07/03/2007
Trial court did not abuse its discretion by changing the terms of the final order or departing from the language of the County code; trial court did not err in ordering appellant to comply with the zoning ordinance based on the plain language of the County code; trial court did not abuse its discretion by instructing appellant to hold harmless and indemnify the County; judgment affirmed
2235062 Thor T. Johnson v. Commonwealth 07/03/2007
Judgment affirmed as the ends of justice exception does not apply and appellant’s challenge to the sentencing order is barred by Rule 5A:18
2411062 A. Bruce Ericson v. Catherine Ericson 07/03/2007
Trial court did not err in finding father voluntarily underemployed and in imputing income to him; trial court erred in determining the presumptive level of child support; trial court erred in ordering father to pay mother a pro rata share of the post-high school educational costs which mother has paid for oldest child; judgment affirmed in part, reversed in part, and remanded
2723064 Virginia P. Bolton v. David M. Bolton 07/03/2007
Trial court erred in failing to make the written findings required to support its denial of spousal support; trial court’s denial of spousal support is reversed and this matter is remanded
2862064 Starke Jett, IV v. Margaret Boschen Jett 07/03/2007
Trial court had subject matter jurisdiction to award spousal support; trial court did not err in ruling that appellant was not entitled to seek a reduction or termination of spousal support due under the property settlement agreement; judgment affirmed
0243071 Commonwealth v. Delphine Belfield 06/26/2007
Trial court erred in granting appellee’s motion to suppress the evidence; the pre-trial suppression order is reversed and the matter is remanded to the trial court
0260071 Dale Choffel Construction Company, Inc., et al. v. William Greg Carraway, Jr. 06/26/2007
Summary affirmance - as this appeal is without merit insofar as it pertains to the second question presented, the award with respect to that question is affirmed; appeal is dismissed with respect to the first question presented as appellants failed to comply with the requirements of Rule 5A:20(e)
0285064 Kevin T. Cheeks v. City of Alexandria 06/26/2007
Trial court’s admission of the authorization document into evidence was harmless error; appellant’s conviction for trespassing is affirmed
1079062 Antoine Alexander Macklin v. Commonwealth 06/26/2007
Arguments raised on appeal are barred by Rule 5A:18; judgment affirmed
1155061 Michael Tyrone Jordan v. Commonwealth 06/26/2007
No error in trial court’s finding that the evidence was sufficient to convict appellant of attempted robbery, possession of heroin, and possession of a firearm while in possession of a controlled substance; appellant’s convictions are affirmed
2731062 Kathleen K. Tuck v. Lenard W. Tuck 06/26/2007
Trial court did not err in imputing income to appellant and reducing spousal support; as appellant presented no authority in her brief for the remaining issues, appellant has waived argument on appeal on those issues; judgment affirmed and case remanded
3191061 Lagene V. Watkins v. City of Hampton Department of Social Services 06/26/2007
Trial court did not err in terminating appellant’s parental rights to his two children pursuant to Code Section 16.1-283(C)(2)
3192061 Lagene V. Watkins v. City of Hampton Department of Social Services 06/26/2007
Trial court did not err in terminating appellant’s parental rights to his two children pursuant to Code Section 16.1-283(C)(2)
3193061 Lagene V. Watkins v. City of Hampton Department of Social Services 06/26/2007
Trial court did not err in terminating appellant’s parental rights to his two children pursuant to Code Section 16.1-283(C)(2)
3194061 Lagene V. Watkins v. City of Hampton Department of Social Services 06/26/2007
Trial court did not err in terminating appellant’s parental rights to his two children pursuant to Code Section 16.1-283(C)(2)
0078061 Derrick Michael Evans v. Commonwealth 06/19/2007
No error in trial court’s denial of appellant’s motion to set aside the verdict as the record supports the trial court’s finding of the juror’s impartiality; trial court did not err in determining that appellant had failed to meet the requirements of Blevins v. Commonwealth; judgment of the trial court is affirmed
0263073 Robert L. Waller, Jr. v. Commonwealth of Virginia, Division of Social Services, etc. 06/19/2007
Summary affirmance – no error in circuit court’s decision affirming the juvenile and domestic relations district court’s denial of appellant’s motion for a reduction in child support
0622062 Joby Jermarr Brooks v. Commonwealth 06/19/2007
Trial court did not abuse its discretion in qualifying the officer as an expert witness; trial court did not err in finding the evidence sufficient to support appellant’s conviction for possession with intent to distribute
2500062 Rodney Leon Wood v. Commonwealth 06/19/2007
Trial court did not err in finding the evidence sufficient to support appellant’s conviction for possession of cocaine; trial court did not abuse its discretion in admitting the certificate of analysis; appellant’s conviction is affirmed
2876064 Jean-Pierre Garnier v. Catherine C. Garnier 06/19/2007
Summary affirmance – trial court did not err in entering a judgment against appellant
3091064 Barbie Bailey v. City of Alexandria Department of Human Services 06/19/2007
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to her minor child pursuant to Code Section 16.1-283(C)(2)
0041061 Edwanier Levi Jackson v. Commonwealth 06/12/2007
Appellant’s arguments are procedurally barred pursuant to Rule 5A:18; appellant’s sentence is affirmed
0044071 Commonwealth v. James Edward O’Neal 06/12/2007
This Court holds the evidence supports the trial court’s ruling that the emergency aid doctrine did not apply; trial court’s ruling granting the motion to suppress is affirmed
0079074 Martin-Brower Company and Ace American Insurance Company v. Darren L. Jarrett 06/12/2007
No error in commission’s finding that the deputy commissioner did not abuse his discretion in refusing to hold the record open after the hearing for a de bene esse deposition, that claimant proved he sustained an injury by accident arising out of and in the course of his employment, and that claimant proved he adequately marketed his residual work capacity
1559061 Angela L. Young v. Commonwealth 06/12/2007
Trial court did not err in considering all of the evidence and finding appellant knew the nature and character of the drug in her possession; appellant’s conviction for possession of morphine is affirmed
2226061 Kimberly Wilson Riley v. Kevin James Riley 06/12/2007
Summary affirmance – trial court did not abuse its discretion in awarding joint custody and in declining to award mother primary custody
0252073 Dale Stanley Trucking, Inc. and American Mining Insurance Company v. Charles C. Smith 06/05/2007
Summary affirmance – no error in commission’s finding that the panel of physicians offered by employer to claimant was defective and employer was liable for payment of medical treatment provided to claimant
0831061 Jowayne Alston v. Commonwealth 06/05/2007
No error in trial court’s denial of appellant’s motion to suppress the concealed weapon found in the passenger compartment of his vehicle; appellant’s convictions are affirmed
0986061 Edward Macauthur Gaye v. Commonwealth 06/05/2007
Trial court did not err in finding the evidence was sufficient to convict appellant of possession of cocaine with the intent to distribute; appellant’s conviction is affirmed
1728063 James Henry Mullins v. Big Laurel Mining and National Union Fire Insurance Company of Pittsburgh 06/05/2007
Commission’s decision that appellant unjustifiably refused selective employment offered by his employer is affirmed
2227063 Tonya Ann Hayton (Trivett) v. David Michael Hayton 06/05/2007
Appeal dismissed; as no final order was entered by the trial court in this case, this Court is without jurisdiction to entertain this appeal
0100073 Sheldon Opie Thompson v. Huffman Litter Service, Inc. and Commerce & Industry Insurance Company 05/29/2007
Summary affirmance - commission’s decision sustaining appellees’ motion to stay appellant’s pending claim for permanent and total disability benefits and removing the claim from the hearing docket because it was premature is summarily affirmed
0119072 Christopher Luzier v. Penn Line Corporation and Zurich American Insurance Company 05/29/2007
Summary affirmance – no error in commission’s finding appellant failed to prove that he sustained a brain injury causally related to his compensable injury by accident, and remained totally disabled as a result of that brain injury; commission’s decision is affirmed
0593061 Veto Battle v. City of Portsmouth Department of Social Services 05/29/2007
Trial court did not err in finding the evidence was sufficient to terminate appellant’s residual parental rights under to Code Section 16.1-283(B); judgment affirmed
0695063 Ramaan Alfred Burton v. Commonwealth 05/29/2007
Trial court did not err in denying appellant’s renewed motion to strike; appellant’s conviction of cocaine possession is affirmed
1078062 Johnnie Kensley Brown, Jr. v. Commonwealth 05/29/2007
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of grand larceny; this Court finds the Commonwealth presented sufficient evidence to support the trial court’s venue findings; appellant’s conviction is affirmed
2309063 Lowes No. 0509 and Lowes Home Centers, Inc. v. Allen Vernon Stanley 05/29/2007
Commission’s conclusion that claimant’s two employments were substantially similar for purposes of computing claimant’s average weekly wage is affirmed
2836051 Aimee Battle v. City of Portsmouth Department of Social Services 05/29/2007
Trial court did not err in finding the evidence was sufficient to terminate appellant’s residual parental rights under to Code Section 16.1-283(B); judgment affirmed
0042074 Jerry Lee Miller v. Ruby Mae Yates Miller 05/22/2007
Summary affirmance – trial court’s order finding it had no jurisdiction to reopen the divorce proceedings in order to equitably distribute the parties’ marital property is summarily affirmed
0392063 Lawrence Thomas Koral v. Commonwealth 05/22/2007
Trial court did not err in finding the evidence was sufficient to convict appellant of felony failure to appear
0775061 Marques Latai Walker v. Commonwealth 05/22/2007
No error in trial court’s finding the evidence sufficient to convict appellant of attempted carjacking and use of a firearm in the commission of a felony
1182063 William Charles Anderson v. Commonwealth 05/22/2007
Appellant’s convictions of credit card theft are affirmed as the evidence and the inferences drawn from it were sufficient to allow the jury to conclude that appellant had the requisite intent to use the stolen credit cards
2310062 The Pepsi Bottling Group, Inc. and Old Republic Insurance Co. v. Marvin William Reed 05/22/2007
As those questions and arguments raised before the commission are without merit, award is affirmed
2374053 Rudolph Lee Crawley v. Commonwealth 05/22/2007
No error in trial court’s finding appellant violated the conditions of his probation and revoking his suspended sentences
0419062 Felicia Faye Throckmorton v. Commonwealth 05/15/2007
Evidence supported trial court's finding that appellant was in constructive possession of cocaine and marijuana found in her car
0723062 Susanna B. Hickman v. Margaret Cuthbert Broaddus 05/15/2007
As Court finds that interlocutory order appealed from in this case was not an appealable order, this appeal is dismissed without prejudice
1040063 Dennis Lee Strausbaugh v. Brenda Britt Strausbaugh, n/k/a Brenda Britt Monroe 05/15/2007
Trial court did not err in awarding appellee half of the marital share of appellant's pension pursuant to terms of parties' final decree of divorce;
1263063 John Kurt Sensabaugh v. Commonwealth 05/15/2007
Finding that evidence was not sufficient to prove two or more prior convictions occuring on different days, conviction of domestic assault and battery third or subsequent offense is reversed and case remanded to trial court for resentencing on misdemeanor conviction
1653064 John Hart v. Arlington County Department of Human Services 05/15/2007
Trial court did not err in denying appellant's request for a continuance and finding that termination of appellant's parental rights was in child's best interest
1956062 Raymond Andrew Messier, IV v. Commonwealth 05/15/2007
Trial court did not err in denying motion to suppress evidence establishing that appellant resisted arrest, which provided basis for convictions of assault and battery on police officer and obstruction of justice
2115064 Julia M. Greenway v. John B. Greenway 05/15/2007
As appellant's opening brief fails to comply with Rule 5A:20(d)(no statment of facts relating to questions presented), this appeal is dismissed
2192062 Babette C. Whitney v. Christopher J.R. Whitney 05/15/2007
Trial court erred in refusing to grant post-judgment interest on monetary payments due appellant, postponing accural of interest for ninety days and in refusing appellee to reimburse appellant for expenses incurred in compiling exhibit; did not err in refusing to award appellant reimbusement for expenses not covered by Agreement or in crediting mortgage payments
2624063 Anna T. Furr v. Joseph E. Furr 05/15/2007
Trial court erred in reducing, and then terminating, spousal support where record fails to show appellee proved a material change in circumstances
2637062 Neurosurgical Associates, Inc. v. County of Henrico Finance 05/15/2007
No error in commission's decision finding that appellee was a participating payor and that appellant was paid appropriate fees for medical services provided to appellee's employee
2757061 Tiffany Jackson v. City of Portsmouth Department of Social Services 05/15/2007
Trial court did not err in terminating appellant's parental rights to her child where evidence proved termination was in child's best interest
3022053 Edward James Tinsley v. Commonwealth 05/15/2007
Court finds appellant's double jeopardy argument barred by Rule 5A:18 and ends of justice exception does not apply; evidence sufficient to support convictions of aggravated sexual battery, animate object sexual penetration and statutory rape
3064064 Monroe Edward Alger v. Dynalectric Company, et al. 05/15/2007
Summary affirmance - appellant failed to prove he remained totally disabled as a result of his compensable injury by accident
3090064 Dynalectric Company, et al. v. Monroe Edward Alger 05/15/2007
Summary affirmance - no error in commission's finding that appellee's back condition, disability and medical treatment after June 22, 2004 were causally related to the compensable injury by accident
0108072 Net2000 Group, Inc. and Hartford Fire Insurance Company v. Dolores Belmonte-Arwood 05/08/2007
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee’s current disability was no longer causally related to her compensable injury by accident
0110063 Tyrone Junior McCain v. Commonwealth 05/08/2007
Trial judge did not err in denying the motion to suppress as the officers were justified in detaining appellant during the lawful traffic stop and had reasonable suspicion to believe he was armed and dangerous; appellant’s convictions are affirmed
0557064 Joseph A. Bank Clothiers, Inc. and Centennial Insurance Company v. Gladys D. Morton 05/08/2007
Commission did not err in finding that the two-year statute of limitations contained in Code Section 65.2-601 did not bar claimant’s claim for benefits and in finding claimant proved her injury arose out of her employment
1217062 Gladys D. Morton v. Joseph A. Bank Clothiers, Inc. and Centennial Insurance Company 05/08/2007
Commission did not err in finding claimant failed to present sufficient evidence to carry her burden of proof with respect to medical treatment she received after January 2003
1342054 Thomas K. Plofchan, Jr. v. Commonwealth 05/08/2007
Trial court did not err in denying appellant’s motion to strike; appellant’s conviction of speeding in violation of Code Section 46.2-870 is affirmed
2108062 Cheryl A. Concannon v. William Gladstone 05/08/2007
Trial judge erred by appointing a special commissioner to seek financing and by not issuing a judgment on the full sum due to appellant under the property settlement agreement’s employment obligations; trial judge did not err by declining to award interest on the principal sum; judgment affirmed in part, reversed in part, and remanded
2240064 Abderrahim Naaman v. Sahar Larrazabal 05/08/2007
Summary affirmance - appellant did not preserve under Rule 5A:18 arguments raised on appeal
3115064 American Red Cross and Cambridge Integrated Services Group, Inc. v. Tracey L. Trent 05/08/2007
Summary affirmance – commission did not err in finding that appellee proved she sustained an injury by accident arising out of and in the course of her employment
0230064 Maurise Darius Kerns, s/k/a Maurice Kerns v. Commonwealth 05/01/2007
Trial court did not commit reversible error as the trial court had authority under the juvenile statutes to commit appellant to the Department of Juvenile Justice for violating the terms of his probation
0309062 Diallobe Balawa Dorsey v. Commonwealth 05/01/2007
Trial court’s decision denying appellant’s motion to suppress is reversed and the case is remanded to the trial court
0430064 Darius T. Hicks v. Commonwealth 05/01/2007
Trial court did not err by denying appellant’s motion to suppress his statements to the police, admitting evidence of prior bad acts, and admitting photographs of the deceased victim and her fetus; judgment affirmed
0441062 Robert Leslie Slayton v. Commonwealth 05/01/2007
Trial court did not err in finding the evidence sufficient to support appellant’s convictions for one count of statutory burglary, one count of aggravated malicious wounding, two counts of malicious wounding, and one count of assault and battery
2547062 Deborah Y. Lange v. August F. Lange, Jr. 05/01/2007
Appeal dismissed as moot as husband and wife settled the dispute over the real property in their July 20, 2006 settlement agreement
1462061 Christopher L. Luciano v. City of Hampton Department of Social Services 04/24/2007
Trial court did not err in terminating appellant’s residual parental rights to his son as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(2) and establishing that termination of appellant’s residual parental rights was in the child’s best interests
1766052 Bernard Ray Richardson v. Commonwealth 04/24/2007
Trial court did not err in denying appellant’s motion to dismiss the charges based on a violation of Code Section 19.2-243; judgment affirmed
1777062 Kate Rose Trent v. Prince Edward County Department of Social Services 04/24/2007
Trial court did not err in terminating appellant’s parental rights to her daughter pursuant to Code Section 16.1-283(B)
1881061 Warren Ridley, Sr. v. Chesapeake Department of Human Services 04/24/2007
As this case does not satisfy the ends of justice exception to Rule 5A:18, trial court’s decision terminating appellant’s residual parental rights to his minor son is affirmed
2925063 Commonwealth v. James Matthew Ramsdell 04/20/2007
Trial court’s judgment granting the motion to suppress evidence obtained during the search of appellee’s car is affirmed and the case is remanded to the trial court
0524064 Melissa Ann Cook v. Commonwealth 04/17/2007
Trial court did not err by excluding the proffered evidence; appellant’s convictions are affirmed
0538062 Christine Henley v. Germaine McGirt 04/17/2007
Judgment of the trial court is affirmed as the trial court never heard the parties on the questions presented on appeal, and appellant failed to rebut the presumptive verity of the trial court’s order
0688064 Janet Miller-Jenkins v. Lisa Miller-Jenkins 04/17/2007
Trial court erred in ruling that a Vermont order concerning child custody and visitation between the parties could not be registered in Virginia; trial court’s March 1, 2006 order is vacated and the case is remanded to the trial court with instruction to enter an order allowing appellant to register the Vermont order in Virginia
0707064 Jarrell Tyree Taylor v. Commonwealth 04/17/2007
Trial court did not err in finding the evidence sufficient to convict appellant of distribution of cocaine; appellant’s conviction is affirmed
1876062 Susan Ann Washington v. Stanford Enterprises/Upscale Healthcare Services, et al. 04/17/2007
Commission’s denial of appellant’s application for change in condition is affirmed
1955052 Donna Blanton v. Commonwealth 04/17/2007
Trial court did not err in refusing to grant appellant’s proposed jury Instructions 13, 14, and 15 on circumstantial evidence; trial court did err in denying appellant’s Batson motion based on gender with regard to the Commonwealth’s five peremptory strikes; judgment is affirmed, in part, reversed, in part, and case remanded
2247064 LPT, Inc./MSS, Inc. and Erie Insurance Property Casualty Company v. John Voltaggio 04/17/2007
Commission did not err in determining that claimant’s efforts were legally sufficient to constitute a cure of his unjustified refusal of selective employment; decision of the commission is affirmed
2391062 Collegiate Funding Services, LLC and The First Liberty Insurance Company v. Marlo Jean Conway 04/17/2007
Commission did not err in awarding benefits to appellee as there was credible evidence to support the commission’s finding that appellee’s disability was causally related to her compensable accident
2858054 Walter Arnold Ramos Lara v. Commonwealth 04/17/2007
As appellant failed to adequately preserve his arguments in the trial court, appellant’s convictions for criminal gang participation and malicious wounding are affirmed
2879063 Janice Lucille Nipper v. County of Tazewell School Board, et al. 04/17/2007
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
3047052 Charles Bennett v. Commonwealth 04/17/2007
Trial court did not err in determining that a judge was competent to testify as to the matter he observed; evidence was sufficient to support appellant’s conviction of disorderly conduct
3048062 Arriba Corporation and PMA Management Corporation v. Charles V. Hamilton 04/17/2007
Summary affirmance – commission did not err in finding that appellant failed to prove that appellee was fully capable of returning to his pre-injury work
2729063 Commonwealth v. Wanda Alice Blevins 04/16/2007
As appellee does not have standing to challenge the search of the vehicle, trial court’s judgment granting the motion to suppress is reversed and the case is remanded to the trial court
0658064 Jerry Eugene Lawrence v. Commonwealth 04/10/2007
Trial court did not err in refusing to declare portions of Code Sections 18.2-269 and 18.2-270 unconstitutional; appellant’s conviction of driving under the influence is affirmed
2737051 Ankur A. Mehta v. City of Norfolk 04/10/2007
No error in trial court’s finding evidence sufficient to support appellant’s conviction of reckless driving in a parking lot; judgment affirmed
2783064 Commonwealth v. Cindy Carruitero 04/10/2007
Trial court erred in determining that appellant’s request to speak with her attorney invoked her Fifth Amendment right to counsel and that the police were prohibited from further contact with her; judgment is reversed and the case is remanded to the trial court
2896063 Tamika Kasey v. Roanoke City Department of Social Services 04/10/2007
Trial court did not err in finding the evidence sufficient to terminate appellant’s parental rights to her minor children
2946062 Estate of Ronald Craig v. American Miniature Golf Course Construction, et al. 04/10/2007
Summary affirmance – commission did not err in finding that appellant failed to prove that the decedent sustained a compensable injury by accident arising out of and in the course of his employment
2988061 Ruth V. Chamberliss v. Melvin Chamberliss, Sr. 04/10/2007
Summary affirmance – issue raised on appeal is barred by Rule 5A:18
0425062 Walter J. Graves v. Commonwealth 04/03/2007
Trial court did not err in admitting evidence of a prior bad act that occurred three years before the crimes for which appellant was convicted; appellant’s convictions of three counts of forging a public document, three counts of uttering a public document, and one count of driving after having been declared a habitual offender are affirmed
1169061 Renee Smith v. Alexander Novak 04/03/2007
Judgment affirmed as appellant made no objection to the final decree and did not present the issues she raises on appeal before being barred by Rule 1:1
1172064 Diana H. Becker v. Frank J. Becker 04/03/2007
Trial court did not err in failing to award appellant any portion of appellee’s deferred compensation or in its decision to reimburse appellee for the full amount of the mortgage payments; judgment affirmed and matter remanded to the trial court
2297054 Franklyn Nunez, s/k/a Franklyn A. Nunez v. Commonwealth 04/03/2007
Trial court did not err in convicting appellant for felony destruction of property pursuant to Code Section 18.2-137; judgment affirmed
2353062 Tidewater Academy, Inc. and Hartford Underwriters Insurance Company v. Elizabeth Evans 04/03/2007
No error in commission’s finding the claim filed by appellee for medical benefits not barred by the statute of limitations
2379064 Donald Allen Masters v. Theresa Marion Sutton 04/03/2007
Summary affirmance - trial court did not err in granting a motion for modification of child custody and visitation filed by mother
2551062 Victor Alan Motley, Sr. v. Charlene Byrd Motley 04/03/2007
Summary affirmance – this Court summarily affirms the trial court’s decision in part and dismisses the appeal in part due to appellant’s failure to comply with certain Rules of Court
2617054 Craig M. Lantion v. Commonwealth 04/03/2007
Rehearing En Banc granted
2648052 Jayson Franklin Maxwell v. Commonwealth 04/03/2007
Upon rehearing en banc, trial court affirmed for the reasons stated by the dissent in the panel memorandum opinion
2701054 Howard Lewis Vincent, Jr. v. Commonwealth 04/03/2007
Rehearing En Banc granted
2926053 Joel Roy Hamm v. Commonwealth 04/03/2007
Trial court erred in denying appellant’s motion to suppress the methamphetamine as the circumstances preceding the officer’s attempt to frisk appellant did not create a reasonable suspicion that appellant was armed and dangerous; appellant’s conviction is reversed and the indictment is dismissed
2966063 Michael Anderson v. Robinson Terminal Warehouse Corporation, et al. 04/03/2007
Summary affirmance – no error in commission’s finding appellant failed to prove that he was entitled to a change in treating physicians and temporary total disability benefits
3024064 American Red Cross v. Kaushlya Verma 04/03/2007
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee’s current continuing disability was not causally related to her compensable injury by accident and ruling that appellee was entitled to ongoing benefits despite her refusal of medical treatment
0101062 Leonard Joseph Brightwell, Jr. v. City of Richmond Police Department 03/27/2007
Commission did not err in denying claimant an award of benefits as claimant’s applications for benefits were time-barred
0331064 Miriam Zubirana O’Donoghue v. Henry J. O’Donoghue 03/27/2007
Appeal dismissed for lack of subject matter jurisdiction
0413062 Benjamin H. Rice, Jr. v. Virginia Department of Social Services 03/27/2007
Judgment of the trial court is reversed as substantial evidence does not exist to sustain a founded disposition of level-one sexual abuse; case remanded to trial court to set aside the disposition of founded level-one sexual abuse and to further remand this matter to the hearing officer
0459062 Walter Lamont Goode v. Commonwealth 03/27/2007
As appellant did not properly preserve issue for appeal and the ends of justice exception to Rule 5A:18 does not apply, appellant’s conviction for violating the terms and conditions of a previously suspended five-year sentence is affirmed
0512064 Thomas Shoemaker v. Mary Ann Karau 03/27/2007
Trial court did not err in its interpretation of Code Section 20-124.3:1; trial court’s admission of the challenged portions of appellee’s evidence relating to the therapists and the child was harmless error; judgment affirmed
0768064 Jeremey N. Place v. Candace M. Roach 03/27/2007
Trial court did not err in denying appellant’s petition for sole legal custody of the parties’ two minor children, in denying appellant’s petition for supervised visitation with the parties’ two minor children by mother, and in transferring sole legal and physical custody of the parties’ two minor children to mother
1260064 Nigisti W. Tesfay v. Abraham S. Tesfay 03/27/2007
Trial court did not err in tracing $28,000 as a separate property contribution by appellee towards the purchase of a marital home, in setting the amount and duration of spousal support, and in not ordering a sharing of unreimbursed child medical expenses
2045053 Christopher Allen Mason v. Commonwealth 03/27/2007
Judgment is modified to provide the period of supervised probation is to be concurrent with the specified period of suspension of sentence, such that it will end three years from appellant’s release from confinement; as modified, the judgment is affirmed
2121052 Alfred Everett Carter v. Commonwealth 03/27/2007
Trial court did not err in finding the eyewitness testimony to be reliable and credible; appellant’s convictions of robbery and use of a firearm in the commission of a robbery affirmed
2412052 Idris Kasheen Harris v. Commonwealth 03/27/2007
No error in trial court’s finding the evidence sufficient to support appellant’s convictions of robbery and use of a firearm during the commission of a felony
2413064 Bernice Wilson v. Fairfax County Department of Family Services 03/27/2007
Summary affirmance – no error in trial court’s denial of appellant’s motion to vacate the order terminating her residual parental rights to her son
2992061 Tidewater Staffing, Inc. and Federal Insurance Company v. Victoria Cook 03/27/2007
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee refused vocational rehabilitation services pursuant to Code Section 65.2-603
0740064 Diane Barker, f/k/a Diane Hutson-Wiley v. James Hutson-Wiley 03/20/2007
Trial court did not err in denying the admission of parol evidence to establish the meaning and intent of ambiguous language in the property settlement agreement and in holding that husband’s spousal support obligation terminated upon wife’s remarriage, pursuant to Code Section 20-109(D)
1072061 Travis Priest v. Deanna Credle 03/20/2007
This Court holds that the trial court applied the correct standard in determining the best interests of the children and that there was sufficient evidence to support such a determination; trial court did not abuse its discretion by denying father’s motion to amend visitation, and in awarding mother primary physical custody of the children
1195061 Reginal N. Rodgers, Jr. v. Commonwealth 03/20/2007
Trial court did not err in finding the evidence sufficient to convict appellant of grand larceny of a motor vehicle; appellant’s conviction is affirmed
1297063 ITT Industries, Inc. and Ace American Insurance Company v. Yvonne E. Taylor 03/20/2007
No error in commission’s finding that appellee suffered a psychological disability as a compensable consequence of a work-related injury; commission’s award is affirmed
1512054 Tyna Joy Stewart v. Commonwealth 03/20/2007
Appellant’s conviction of driving while intoxicated third offense within a ten-year period is reversed as the Commonwealth failed to prove that appellant was previously convicted of a second offense of driving while intoxicated; conviction is reversed and the case is remanded to the trial court for resentencing
1557061 Karmen Sylvia v. Hampton Department of Social Services 03/20/2007
Trial court did not err in finding the child was abused and neglected, and in terminating appellant’s parental rights under Code Section 16.1-283(C)(2)
2015061 North End Cab Company, Inc. v. Virginia Workers’ Compensation Commission 03/20/2007
Commission’s imposition of a civil penalty for appellant’s failure to maintain workers’ compensation insurance coverage is affirmed
2166052 Charles Monroe Collier v. Commonwealth 03/20/2007
Trial court did not err in finding the evidence sufficient to support appellant’s conviction for misdemeanor disorderly conduct
3157051 Cedrick Lydell Ford v. Commonwealth 03/20/2007
No error in trial court’s revocation of appellant’s suspended sentences as appellant agreed to the procedure the trial court adopted
0207061 Bruce Ivan Futrell v. Commonwealth 03/13/2007
Trial court did not err in convicting appellant of attempted rape as the evidence was sufficient to support both the finding of the requisite intent and a finding that appellant committed an overt act in furtherance of the crime
0282064 Mark Selorm Pongo v. Commonwealth 03/13/2007
Appellant’s conviction of a felony third offense of driving while intoxicated is affirmed as the evidence is sufficient to demonstrate appellant was represented by counsel at a predicate conviction
0508064 Stacey Miller Vance v. Commonwealth 03/13/2007
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of petit larceny
0570061 Terry P. Phillips, s/k/a Terry Presson Phillips v. Commonwealth 03/13/2007
Trial court did not err in denying appellant’s motion to suppress as appellant’s statements did not amount to an unequivocal assertion of his right to counsel
0604062 Lauren Wooten v. County of Henrico Department of Social Services 03/13/2007
Trial court erred in finding that the Department of Social Services proved by clear and convincing evidence that termination of appellant’s parental rights was in her child’s best interest; trial court’s decision terminating appellant’s parental rights is reversed and the case is remanded
0854061 Arthur C. Parmann v. Commonwealth 03/13/2007
Trial court did not abuse its discretion by admitting the testimony as the witness testified within the scope of his training and expertise as an operator of the testing equipment; judgment affirmed
1008064 David Paul Cote v. Susan Redfield Cote 03/13/2007
Trial court did not err in finding husband responsible for $100,000 in debt incurred prior to the parties’ final separation, in awarding husband only forty percent of wife’s retirement account, and in awarding wife spousal support
1606062 Mara J. Martin v. University of Virginia Medical Center 03/13/2007
Commission erred in finding that claimant failed to adequately market her residual work capacity; commission’s decision is reversed and the case is remanded
1795063 Jessie Wayne Abell v. Commonwealth 03/13/2007
Trial court erred in finding the evidence proved beyond a reasonable doubt that appellant willfully failed to appear; appellant’s conviction of felony failure to appear is reversed and the indictment is dismissed
1861062 Consuelo Shallcross v. Hanover County Department of Social Services 03/13/2007
Summary affirmance – no error in trial court’s decision to terminate appellant’s parental rights to her child pursuant to Code Section 16.1-283(B)
1982054 Michael Ricardo Magruder v. Commonwealth 03/13/2007
For the reasons set forth in Brooks v. Commonwealth, trial court did not err in admitting the certificate of analysis without requiring the testimony of the person who performed the analysis; appellant’s conviction is affirmed
2307062 Kenneth Wayne Caddell v. Spotsylvania Department of Social Services 03/13/2007
Summary affirmance- trial court did not err in terminating appellant’s parental rights to his minor children
2382064 Ajai Kumar Sandhir v. Neeta Ahuja-Sandhir 03/13/2007
Summary affirmance – trial court did not err in imputing income to appellant for purposes of determining spousal support and in denying appellant’s request for spousal support; remaining issue is barred by Rule 5A:18
2573051 Philip Nelson Crozier, s/k/a Phillip Nelson Crozier v. Commonwealth and City of Virginia Beach 03/13/2007
Trial court did not err in denying appellant’s motion to suppress evidence obtained by police upon stopping his vehicle as the officer’s reasonable suspicion justified his stopping appellant for investigation
2625064 Fairfax County School Board v. Karen S. Brooks 03/13/2007
Summary affirmance – no error in commission’s finding appellant responsible for payment of certain medical expenses incurred by claimant
2632052 Corey Neville Matthews, s/k/a Cory N. Matthews v. Commonwealth 03/13/2007
No error in trial court’s denial of appellant’ motion to suppress the cocaine as police had reasonable suspicion that appellant was engaged in criminal activity
2792053 Lynchburg Division of Social Services v. James Cook, Sandra Cook and Jimmy Cook 03/13/2007
Rehearing En Banc granted
2925054 Allan Haynes Powell, s/k/a Allen Haynes Powell v. Commonwealth 03/13/2007
Appellant’s conviction for driving with a revoked license while a habitual offender is affirmed as appellant did not show that the underlying order adjudicating him as a habitual offender was void
3133052 Rodney William Lightfoot v. Commonwealth 03/13/2007
Rehearing En Banc granted
3175052 Jay William Massengale v. Commonwealth 03/13/2007
Trial court did not err in finding the evidence sufficient to convict appellant of uttering as the Commonwealth established that appellant had actual knowledge that he was uttering a forged document
0471061 Derrick James Williams v. Commonwealth 03/06/2007
Appellant’s convictions are affirmed as this Court holds that the informant’s tip provided the police with the requisite probable cause to arrest appellant and that the police did not need exigent circumstances in addition to probable cause for appellant’s arrest
0691062 Byron Darnell Winckler, s/k/a Byron Winkler v. Commonwealth 03/06/2007
Trial court did not err in finding the evidence sufficient to support appellant’s convictions of two counts of robbery and two counts of using a firearm in the commission of a felony
0901052 Roland Williams, Jr. v. Commonwealth 03/06/2007
As appellant did not provide a sufficient proffer for this Court to determine whether the trial court erred in refusing to permit the cross-examination questions, appellant’s conviction of armed robbery is affirmed
1165064 Lowell F. Smith v. Alice L. Thornton-Smith 03/06/2007
Judgment pertaining to the rulings classifying the Arlington and Berryville properties and the award of attorney’s fees to appellee are affirmed; judgment pertaining to the classification of the Volkswagen is reversed and this matter is remanded to the trial court to reexamine the equitable distribution award
1329062 Melvin Sprouse v. Orange County Department of Social Services 03/06/2007
No error in trial court’s decision terminating appellant’s residual parental rights to his minor son pursuant to Code Section 16.1-283(C)(1) and 16.1-283(C)(2)
1660052 Jorge Luis Reyes v. Commonwealth 03/06/2007
Trial court did not err in refusing to admit the state of mind testimony and in refusing to admit testimony regarding appellant’s money and jewelry; appellant’s convictions for first-degree murder and use of a firearm in the commission of a felony are affirmed
1787063 Michael F. Coloccia, By and Through His Next Friend, Cynthia Cortese v. Lorna D. Coloccia 03/06/2007
Trial court’s refusal to set aside the property settlement agreement is affirmed as the evidence supports the trial court’s finding that husband failed to prove by clear and convincing evidence that he was incompetent when he executed the property settlement agreement
2116063 Daniel Gayle Price v. Cornetta Richardson Price 03/06/2007
Appeal dismissed for lack of jurisdiction as the notice of appeal was not timely filed
2908052 John C. Berry v. Commonwealth 03/06/2007
Trial court did not err in finding the evidence sufficient to convict appellant of conspiracy to commit a felony
0219064 A.O.V. v. J.R.V. 02/27/2007
Trial court erred in refusing to grant appellant a reservation of the right to seek future spousal support; this matter is remanded to the trial court for inclusion of a reservation in the decree; trial court’s decisions regarding the other issues raised by appellant are affirmed
0220064 J.R.V. v. A.O.V. 02/27/2007
Trial court did not abuse its discretion in imposing visitation restrictions upon appellant
0511064 Mark A. Duda v. Shirlie A. McManus Hunt 02/27/2007
Judgment pertaining to the ruling on visitation, the award of attorney’s fees to appellee, and the downward deviation from the presumptive child support guidelines for medical insurance costs are affirmed; judgment pertaining to the deduction for one-half of appellant’s self-employment tax is reversed and this matter is remanded to the trial court
0547063 Marlyn Wayne Ferguson v. Commonwealth 02/27/2007
Trial judge did not err in finding the evidence sufficient to prove beyond a reasonable doubt that appellant’s failure to appear was willful; appellant’s conviction of failure to appear in court is affirmed
0840063 Robert T. Walker v. Shirley A. Walker 02/27/2007
Summary affirmance - issues raised on appeal are barred by Rule 5A:18
2546064 Trans World Airlines, Inc. and Insurance Company of the State of Pennsylvania v. Roger M. Malick 02/27/2007
Summary affirmance – no error in commission’s finding that appellee proved he suffered an aggravation of his original compensable injury by accident rather than a new injury by accident
2597061 Radisson Hotel Hampton and Erie Insurance Exchange v. Darlene Tisdale 02/27/2007
Summary affirmance – commission did not err in finding that appellee sustained her burden of proving her right carpal tunnel syndrome constituted a compensable ordinary disease of life
2632062 Eleanor A. Snellings v. Mary Washington Hospital and Reciprocal of America 02/27/2007
Summary affirmance – commission did not err in denying appellant’s claim for an award of permanent partial disability benefits
0052062 Adian Marsell Barth v. Commonwealth 02/20/2007
No error in trial court’s denial of appellant’s motion to strike the breaking and entering charge as the evidence was sufficient to support appellant’s conviction of breaking and entering with the intent to commit assault and battery
0159062 David Franklin Taylor v. Commonwealth 02/20/2007
Trial court did not err in denying appellant’s motion to suppress; appellant’s conviction for carrying a concealed weapon is affirmed
0767061 Kimberly J. Hosier v. Charles S. Hosier 02/20/2007
Trial court reasonably calculated the value of wife’s separate interest in marital home, did not err in ordering the home sold on the open market, had jurisdiction to require the sale of personal property, acted within its factfinding discretion in awarding child and spousal support, properly declined wife’s request for an award of attorney fees, and did not err in finding wife in contempt
2596061 Scott Siler and Robert Farguhar v. Joseph E. Pulliam 02/20/2007
Summary affirmance - those questions and arguments raised before the commission are without merit
2621061 Travelers Indemnity Company v. Joseph E. Pulliam 02/20/2007
Summary affirmance - those questions and arguments raised before the commission are without merit
2938053 Mark Anthony Graves v. Commonwealth 02/20/2007
Trial court did not err in excluding evidence of the victim’s bias against appellant, in exercising jurisdiction over the charged criminal offenses, or in holding the evidence was sufficient to convict appellant; appellant’s convictions for two counts of third-offense domestic assault and battery are affirmed
2975054 Douglas Eugene Rector v. Commonwealth 02/20/2007
No error in trial court’s denial of appellant’s motion to suppress as established Fourth Amendment precedent supports the trial court’s ruling; judgment affirmed
3038054 Timothy Rollison v. Commonwealth 02/20/2007
Trial court did not commit reversible error in instructing the jury, after appellant’s closing argument and before the Commonwealth’s rebuttal argument, that self-defense was not an issue in the case and that it must decide the case based on the instructions previously given; appellant’s convictions are affirmed
0075061 Warren Banks, a/k/a Shortstop v. Commonwealth 02/13/2007
Trial court did not err in convicting appellant of possession of a firearm while in possession of cocaine as the evidence was sufficient to prove appellant “was aware of both the presence and the character” of the scales and the scales were “subject to his dominion and control”
0576063 Tina E. Hudson v. Franklin County Department of Social Services 02/13/2007
Trial court’s determination that the 2003 order awarding appellant custody of her biological child is void for lack of jurisdiction is reversed; this case is remanded to the trial court
1269052 April Nicole Corsaro v. Commonwealth 02/13/2007
Rehearing En Banc granted
1312063 Wal-Mart Associates, Inc. and Insurance Company of the State of Pennsylvania v. John M. Jones 02/13/2007
Commission did not err in failing to vacate the deputy commissioner’s opinion on grounds of mootness and in refusing to consider the representations and documents employer presented to support its mootness argument; commission’s decision concluding that employer is responsible for a pain clinic evaluation for claimant is affirmed
1433052 Anselmo M. Rozario v. Commonwealth 02/13/2007
Rehearing En Banc granted
1611061 Elbow Farm, Inc. and Elbow Enterprises, Inc., etc. v. David K. Paylor, et al. 02/13/2007
Judgment of the trial court affirming a decision by the Director of the Department of Environmental Quality denying appellants’ requests for variances from ground water monitoring requirements at their landfill and requiring ground water monitoring at the closed portion of the landfill is affirmed
2010062 Tracy Ann Kohut v. Kenneth R. Osborne 02/13/2007
Summary affirmance – no error in trial court’s decision to change physical custody of appellant’s son from her to the child’s father
2025064 Joseph Michael Russell v. Nancy Lynne Russell 02/13/2007
Summary affirmance – trial court did not err by refusing to declare void and to vacate its June 15, 2005 order at a July 7, 2006 hearing as the trial court lacked jurisdiction to revisit the June 15, 2005 order
2252052 Eric Lee Campbell v. Commonwealth 02/13/2007
Trial court erred in denying appellant’s motion to suppress because the evidence of appellant’s driving on a suspended license was discovered through an unlawful stop; appellant’s conviction is reversed and the case is remanded to the trial court
2617054 Craig M. Lantion v. Commonwealth 02/13/2007
Trial judge erred in denying appellant’s motion to suppress the evidence as the officer did not have a reasonable articulable suspicion necessary to detain appellant; appellant’s conviction is reversed and the indictment is dismissed
2840051 Matthew Snell v. Commonwealth 02/13/2007
Trial court did not err in denying appellant’s motion to suppress as the officers had probable cause to detain appellant and to unfold the dollar bill and seize the cocaine found within; appellant’s conviction for possession of cocaine is affirmed
0483061 Mark William Gautier v. Commonwealth 02/06/2007
Trial court erred by amending its original sentencing order as it no longer had jurisdiction to modify or amend the original order; the amended original sentencing order and the subsequent probation violation order are vacated; the case is remanded to the trial court
0852061 Cheryl Ann Cheresko, a/k/a Cheryl Ann Culbreth v. Commonwealth 02/06/2007
Trial court did not err in denying appellant’s motion to suppress; appellant’s conviction of possession of cocaine is affirmed
1676062 Lloyd H. Brown, Sr. v. Rosalind H. Brown 02/06/2007
Summary affirmance – trial court did not err in finding it had jurisdiction, in denying the husband’s request for attorney’s fees, and in refusing to modify its prior decision regarding spousal support
1682061 Irma Marie Polemeni v. Joseph Polemeni 02/06/2007
Trial court did not err by awarding the divorce on the ground of adultery, by denying wife’s request for spousal support, and by awarding husband primary physical custody of the parties’ two minor children
1961064 Patrick Joseph Mooney v. Laurie Jean Mooney 02/06/2007
Summary affirmance – trial court did not abuse its discretion in declining to reduce husband’s child and spousal support obligations to the extent he sought, finding husband in contempt for failure to pay his previously ordered spousal and child support, and awarding wife attorney’s fees
2276051 Anthony Dion Debroux v. Commonwealth 02/06/2007
Trial court did not err in finding the evidence was sufficient to prove that appellant possessed marijuana and cocaine; appellant’s convictions are affirmed
2493062 Debra A. Martin v. Bitco Corporation and Liberty Mutual Fire Insurance Company 02/06/2007
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
2792053 Lynchburg Division of Social Services v. James Cook, Sandra Cook and Jimmy Cook 02/06/2007
Trial court erred in awarding custody pursuant to Code Sections 16.1-278.15 and 20-124.3, and in removing appellant from the case; judgment is reversed and the case is remanded to the trial court
3037052 Andre Coseal Morton v. Commonwealth 02/06/2007
For the reasons set forth in Brooks v. Commonwealth, trial court did not err in admitting the certificate of analysis; appellant’s conviction for possession of cocaine with intent to distribute is affirmed
0232061 Maurice Lamar Thorogood v. Commonwealth 01/30/2007
Trial court did not err in finding the evidence sufficient to convict appellant of possession of cocaine with the intent to distribute
0577062 Edward Jerome Bullano v. Renee Zeigler Bullano 01/30/2007
Trial court did not err in admitting the testimony of the parties’ marriage counselor, in its award of spousal support or in its award of attorney’s fees and costs to wife, and in failing to award husband his attorneys’ fees and costs at trial
1916061 William W. Harrison, Jr. v. Paula Allegretto 01/30/2007
Summary affirmance – trial court did not err by failing to apportion marital debt paid by appellant after the parties separated when making the equitable distribution award
2199062 Henry County Pallet Company, Inc. and Forestry Mutual Insurance Company v. Marcelo H. Vazques 01/30/2007
Summary affirmance – commission did not err in finding that claimant was not required to prove a change in condition, the myoelectric arm is reasonable and necessary medical treatment for claimant’s compensable right arm injury, and his claim was not barred by the doctrine of res judicata
2318063 Tina Buchanan v. Bedford County Department of Social Services 01/30/2007
Trial judge did not err in terminating appellant’s residual parental rights to her minor child pursuant to Code Section 16.1-283(C)(2)
2344062 Blake Farm Dayschool, Inc. v. Areti Stylianopoulos Thompson 01/30/2007
Summary affirmance – no error in commission’s finding that appellee proved she sustained an injury by accident arising out of and in the course of her employment, and that her continuing symptoms and treatment were causally related to that accident
2515051 Perkins Jones v. Commonwealth 01/30/2007
This Court finds the officer had probable cause to arrest appellant based upon his observation that general district court orally ordered a capias; evidence was sufficient to convict appellant of obstruction of justice; appellant’s conviction is affirmed
3133052 Rodney William Lightfoot v. Commonwealth 01/30/2007
Trial court erred in finding appellant failed to make a prima facie showing of racial discrimination in the Commonwealth’s exercise of its peremptory strikes to remove two jurors from the venire; appellant’s convictions are reversed and the case is remanded to the trial court
0029061 Jason Keith Richards v. Commonwealth 01/23/2007
Trial court did not err by denying appellant’s motion to suppress the evidence collected during the execution of the search warrant; evidence was sufficient to support appellant’s conviction for possession of marijuana with the intent to distribute; appellant’s convictions are affirmed
0221061 Turzac Construction Corporation v. Commonwealth of Virginia, etc. 01/23/2007
As Board was unable to articulate standard by which appellant was adjudged to have violated its regulation by hiring four unlicensed subcontractors, circuit court’s affirmance of decision and imposition of sanctions are vacated
1399063 Jennifer Rothgeb v. Harrisonburg Rockingham Department of Social Services 01/23/2007
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children pursuant to Code Section 16.1-283(B)
2228061 Curtis Edward Boddie v. Newport News Shipbuilding and Dry Dock Company 01/23/2007
Summary affirmance – commission did not err in ruling that appellant failed to prove he sustained an injury by accident arising out of his employment
2302064 Lisa M. Murray v. Fairfax County School Board 01/23/2007
Summary affirmance – commission did not err in dismissing, with prejudice, appellant’s change-in-condition claim as being barred by the doctrine of res judicata
2701054 Howard Lewis Vincent, Jr. v. Commonwealth 01/23/2007
Appellant’s conviction of statutory burglary is reversed as the evidence was insufficient to prove appellant possessed the intent to commit larceny at the time of the breaking; appellant’s conviction is reversed and the indictment is dismissed
0505062 Ondrake Haywood Nero v. Sherri C. Williams 01/16/2007
Circuit court erred in dismissing appellant’s appeal as appellant was not required to post an appeal bond when he appealed the juvenile and domestic relations district court order in this case; judgment is reversed and the case is remanded to the trial court
0813064 Commonwealth of Virginia, Department of Social Services, etc. v. Milan Frantisek Zacek 01/16/2007
Trial court did not err in granting appellee’s motion for summary judgment by extending full faith and credit to the Illinois judgment
1219052 Alex Vaughan Airhart v. Commonwealth 01/16/2007
Appellant’s conviction for harassment by computer in violation of Code Section 18.2-152.7:1 is reversed and the indictment is dismissed as the evidence was insufficient to prove appellant’s communication was obscene
1602054 Metkel Alana, a/k/a Kenneth Foster v. Commonwealth 01/16/2007
This Court holds that appellant’s Fourth Amendment rights were not violated, that the trial court did not abuse its discretion by refusing to conduct an in camera review of the police report for “hypothetical” inconsistencies, and that the trial judge did not abuse his discretion by refusing to participate in appellant’s courtroom experiment; appellant’s convictions are affirmed
1645061 Christina Snead v. City of Hampton Department of Social Services 01/16/2007
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code Section 16.1-283(B) and (C)
2355052 John Edward Stewart v. Commonwealth 01/16/2007
Trial court erred in refusing to grant a mistrial when the Commonwealth failed to disclose exculpatory information until after the presentation of appellant’s evidence; appellant’s convictions are reversed and the case is remanded to the trial court
0250063 Frederick Leon Davis v. Commonwealth 01/09/2007
Trial court did not err in rejecting appellant’s claim of self-defense and in finding that appellant used excessive force; appellant’s conviction for assault and battery is affirmed
0334064 Jacqueline Ann Lesesne v. Thaddeus John Zablocki 01/09/2007
Judgment pertaining to the trial court’s ruling that the evidence was sufficient to prove appellee made a gift to appellant of his separate interest in the marital home at the time of the 1997 refinancing is reversed, and the matter is remanded to the trial court for reconsideration; judgment affirmed in part, reversed in part, and remanded
1869063 Commonwealth v. Jeffrey Maurice Wells 01/09/2007
Trial court did not err in concluding that the evidence presented by the Commonwealth at the suppression hearing failed to establish an investigatory stop based on a reasonable articulable suspicion of the evasion or avoidance of a roadblock; judgment of the trial court affirmed
1939052 William Scott MacDonald v. Commonwealth 01/09/2007
Trial court did not err in convicting appellant of solicitation to commit a felony and contributing to the delinquency of a minor
2250053 Harlen (Harlon) Dillon Blankenship v. Commonwealth 01/09/2007
Appellant failed to properly preserve for appeal the issue of whether the trial court erred in allowing the prosecutor to make improper remarks to the jury during his closing argument; appellant’s convictions are affirmed
2299053 Jeleeko Deforest Nichols v. Commonwealth 01/09/2007
Trial court did not err finding the evidence was sufficient to support appellant’s conviction of possessing a firearm as a convicted felon
2403052 Edger Barnett v. Commonwealth 01/09/2007
Trial court did not err in denying appellant’s motion to strike the Commonwealth’s evidence as the evidence was sufficient to prove that appellant attempted to break and enter the apartment building with the intent to commit larceny and that he possessed a burglarious tool; appellant’s convictions are affirmed
2589052 Jerry Lamont Barnes v. Commonwealth 01/09/2007
Trial court did not err in finding the prosecutor’s use of a peremptory strike to remove a member of the jury panel was not racially motivated, refusing to instruct the jury that malice may not ordinarily be inferred from a blow with a fist, and refusing to instruct the jury on heat of passion; appellant’s conviction is affirmed
2648052 Jayson Franklin Maxwell v. Commonwealth 01/09/2007
Rehearing En Banc granted
3078054 Devan Elisa Koch v. Commonwealth 01/09/2007
Appellant’s convictions of forgery and uttering of a public record are affirmed as the evidence was sufficient to prove the community service attendance sheet was a public record within the meaning of Code Section 18.2-168; trial court did not err in admitting into evidence a document providing appellant with notice that the community service attendance sheet was a public record
1168063 Donna Wheeler Miller v. Lester Crosson Miller, III 12/28/2006
No error in trial court’s denial of appellant’s motion to increase spousal support
1248053 James Richard Christopher v. Commonwealth 12/28/2006
Trial court did not abuse its discretion by relying on the indictments and in denying appellant’s motion for a bill of particulars; the remaining issues are procedurally barred; appellant’s convictions are affirmed
1331063 Scott E. Zinn v. Michelle L. Zinn 12/28/2006
Summary affirmance – no error in trial court’s decision to modify the visitation order
1396063 William Rothgeb, Sr. v. Harrisonburg Rockingham Department of Social Services 12/28/2006
Trial court did not err in terminating appellant’s parental rights to his three children under Code Section 16.1-283(B)
1434053 Cleveland Waynlee Southers, s/k/a Cleveland Waynelee Southers v. Commonwealth 12/28/2006
Trial court did not err in denying appellant’s motion to suppress his statement to police; appellant’s convictions are affirmed
1654052 Leon Nathaniel Pratt, Jr. v. Commonwealth 12/28/2006
Appellant’s conviction for uttering counterfeit currency is affirmed as the circumstantial evidence was sufficient to exclude all reasonable hypotheses of appellant’s innocence
1932061 Commonwealth v. Carl L. Desei 12/28/2006
Trial court erred in finding that the government initiated the contact with appellant and in granting appellant’s motion to suppress; judgment is reversed and the case is remanded for a determination of whether appellant knowingly and intelligently waived his previously invoked right to counsel
2055051 Dillard Booker, s/k/a Dillard J. Booker v. Commonwealth 12/28/2006
Appellant’s convictions of forcible sodomy, object sexual penetration, and abduction are affirmed as appellant’s right to a statutory speedy trial under Code Section 19.2-243 was not violated
2102053 Robert Dwayne Armstrong v. Commonwealth 12/28/2006
Trial court did not err in finding appellant guilty of unlawful carnal knowledge, in violation of Code Section 18.2-63
2189053 Gerald Eugene Kiser v. Commonwealth 12/28/2006
Trial court did not err in denying appellant’s motion to suppress evidence; appellant’s conviction for possession of a controlled substance with intent to distribute is affirmed
2198063 Rockingham Memorial Hospital and Reciprocal of America, et al. v. Barbara Lee Shifflett 12/28/2006
Summary affirmance – no error in commission’s finding that appellee established she sustained a change in condition causally related to her compensable right knee injury, and, therefore, the two-year limitations period contained in Code Section 65.2-708 was applicable to her claim for temporary total disability benefits
2384054 Adhan Maldonado, s/k/a Adan Maldonado v. Commonwealth 12/28/2006
Trial judge erred by failing to set aside the jury verdict after an ex parte communication occurred between court personnel and the jury during deliberations; appellant’s conviction is reversed and the case is remanded for a new trial
2441053 Barrett Thomas Vernon v. Commonwealth 12/28/2006
Trial court did not err in finding the evidence sufficient to convict appellant of two counts of uttering forged checks and two counts of petit larceny, second offense
2694043 John Mark Ealy v. Commonwealth 12/28/2006
Trial court did not abuse its discretion in refusing to allow appellant to question the witness about her nephew as the proffered evidence was not legally admissible; appellant’s convictions are affirmed
1443054 Lionel Nicholas Campbell v. Commonwealth 12/19/2006
Trial judge’s admission of the nurse’s report as a business record exception to the hearsay rule was harmless error; evidence was sufficient to support appellant’s conviction for rape
1734051 Katrina M. McKeel v. Commonwealth 12/19/2006
Trial court did not err by admitting the certificate of blood alcohol analysis without the live testimony of the operator of the breath test as appellant waived her rights to confrontation and cross-examination by failing to avail herself of her statutory right under Code Section 19.2-187.1 to subpoena the operator of the breath test
1754052 Joseph Booker v. Commonwealth 12/19/2006
Trial court’s judgment is affirmed as the trial judge permissibly instructed the jury that the court had “the power to reduce, but not increase the sentence” fixed by the jury; appellant’s sentence is affirmed
1769062 Coleman Homes, Inc. and Cincinnati Casualty Company v. William Jason Lynch 12/19/2006
Summary affirmance – commission did not err in finding that appellee proved permanent and total work incapacity causally related to his work-related brain injury
2169053 Cholco Jermaine Jones v. Commonwealth 12/19/2006
Trial court did not abuse its discretion in denying appellant’s motion for leave to withdraw his guilty pleas; appellant’s convictions affirmed
2780054 Jose Tulio Perez-Amaya, s/k/a Jose Tullio Perez-Amaya v. Commonwealth 12/19/2006
Judgment affirmed as the evidence was sufficient to establish penetration; appellant’s conviction of rape in violation of 18.2-61(A)(iii) is affirmed
2847053 Lloyd Daren Howell v. Commonwealth 12/19/2006
Trial court did not abuse its discretion in requiring that appellant make restitution for the cost of a security system installed after appellant burglarized a business; appellant’s convictions of statutory burglary and grand larceny are affirmed
0024051 DeAngelo M. Martin, s/k/a DeAngelo Marquese Martin v. Commonwealth 12/12/2006
Appellant’s convictions are affirmed as the evidence of other crimes in this case meets the exception for proving possession of the murder weapon and the trial court’s determination thereof was not plainly in error
1198064 Allen Lewis v. J. Michael Sharman, Guardian ad litem for the minor child 12/12/2006
Trial court erred in ruling the case could proceed on the petition of the guardian ad litem; trial court’s decision terminating appellant’s residual parental rights to his child is reversed
1553062 Tammy Diana Bowen v. Daniel Paul Smith 12/12/2006
Summary affirmance - appellant did not preserve under Rule 5A:18 arguments raised on appeal
1577063 Twila Eileen Martin v. Morris Dean Martin, Jr. 12/12/2006
Summary affirmance – no error in the trial court’s determination that wife failed to demonstrate the separation agreement was unconscionable and in its factual findings; trial court’s construction of the contract was correct; matter remanded to the trial court to fix reasonable attorney’s fees
1596052 Antinne Anderson v. Commonwealth 12/12/2006
Trial judge did not err in refusing to instruct the jury on the incidental detention doctrine; appellant’s convictions of abduction and assault and battery of a corrections officer are affirmed
1609052 Timothy Wayne Mawyer, a/k/a Timothy Wayne Jason Lee Mawyer v. Commonwealth 12/12/2006
Trial judge did not err in refusing to instruct the jury on the incidental detention doctrine; issue of whether the trial judge erred by denying appellant’s motion for a mistrial is procedurally barred; appellant’s convictions of abduction and assault and battery of a correctional officer are affirmed
1752052 Yvonne Barbara Jackson v. Commonwealth 12/12/2006
Trial court erred in finding the evidence was sufficient to support appellant’s conviction for obtaining money by false pretenses; judgment is reversed and the indictment is dismissed
1882051 Mustafa Salaam v. Commonwealth 12/12/2006
Judgment of the trial court affirmed as the trial court’s admission of the decedent’s dying declaration was harmless error
1966062 Food Lion, LLC and Delhaize America, Inc. v. William Henry Robertson 12/12/2006
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee’s claim was barred by willful misconduct pursuant to Code Section 65.2-306
2037062 Hall Mazda and VADA Group Self-Insurance Association v. Marshall S. Gowings, Sr. 12/12/2006
Summary affirmance – commission did not err in finding that appellee proved he sustained a compensable change in condition and by awarding appellee payment of related medical expenses, temporary total disability benefits, and temporary partial disability benefits
2156063 Deborah Porterfield v. Roanoke City Department of Social Services 12/12/2006
Trial court did not err in terminating appellant’s parental rights to her minor child pursuant to Code Section 16.1-283(C)(2)
3050054 Marron Franklin Anthony Nowlin v. Commonwealth 12/12/2006
Trial court did not err by denying appellant’s motion to suppress the evidence obtained during the search incident to his arrest; judgment affirmed
0341061 Eric Christopher Logan v. City of Hampton Department of Social Services 12/05/2006
No error in the trial court’s decision to change the goal in the permanent foster care service plan to adoption and in its termination of appellant’s parental rights
0363061 Eric Christopher Logan v. City of Hampton Department of Social Services 12/05/2006
No error in the trial court’s decision to change the goal in the permanent foster care service plan to adoption and in its termination of appellant’s parental rights
1733062 Philip Morris USA, Inc. and Twin City Fire Insurance Company v. Charlotte H. Cypress 12/05/2006
Summary affirmance – commission did not err in awarding permanent and total disability benefits to claimant
2181051 Milton Ray Palmer v. Commonwealth 12/05/2006
This Court does not address the merits of the issues raised by appellant on appeal as Rule 5A:20(e) bars us from addressing any issues unsupported by authority; judgment affirmed
0089064 Carlos Andres Arias v. United Masonry of Virginia, Inc. and Twin City Fire Insurance Company 11/28/2006
Upon rehearing en banc, judgment of the Virginia Workers’ Compensation Commission is affirmed for the reasons set forth in the panel majority opinion
0464061 Terri Colby Barr v. Mark H. Barr 11/28/2006
Trial court’s interpretation of the property settlement agreement is affirmed; no error found in the entry of the final divorce decree
1942052 Xavier Antonio Powell v. Commonwealth 11/28/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s convictions of malicious wounding, aggravated malicious wounding, and use of a firearm in the commission of a felony
2203051 Edmond Antonio White v. Commonwealth 11/28/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of grand larceny; trial court’s admission of the challenged other crimes evidence was harmless error
0062061 Dontay Roydale Buford, s/k/a Dontay Royale Buford v. Commonwealth 11/21/2006
No reversible error in trial court’s admission of hearsay evidence; decision of the trial court is affirmed
1158064 Nathan Seibert v. Alexandria Division of Social Services 11/21/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to his daughter pursuant to Code Section 16.1-283(B) and (C)
1346064 Lysbeth Tribble v. John H. Tribble 11/21/2006
Summary affirmance – issues raised on appeal are barred by Rule 5A:18
1355062 Barbara D. Boyd v. Virginia Employment Commission 11/21/2006
Summary affirmance – circuit court did not err in affirming the decision of the Virginia Employment Commission finding appellant disqualified for unemployment compensation because she left work voluntarily without good cause
1502062 Ronald L. Cook v. Nabisco, Inc. and American Protection Insurance Company 11/21/2006
Summary affirmance – those questions and arguments raised before the commission are without merit
1514052 Paris Antwan Barnes v. Commonwealth 11/21/2006
Trial court did not err in finding the evidence was sufficient to sustain appellant’s conviction for malicious wounding; trial court did not abuse its discretion when it considered appellant’s lack of remorse as a factor in imposing his sentence; judgment of the trial court affirmed
1672052 Kevin Lamont Tucker v. Commonwealth 11/21/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s convictions of statutory burglary, use of a firearm in the commission of a burglary, and attempted malicious wounding
1680062 Shane Orin Swindell v. CLC of Richmond and Companion Property and Casualty Insurance Company 11/21/2006
Summary affirmance – commission did not err in finding that claimant failed to prove he gave timely notice of his work-related accident to employer in accordance with Code Section 65.2-600
1825062 Jasper Construction Inc., et al. v. James Carrington Habina 11/21/2006
Summary affirmance – commission did not err in affirming the senior claims specialist’s rejection of employer’s application as employer failed to comply with Rule 1.4(E)
1839062 Bon Air Juvenile Correctional Center/Commonwealth of Virginia v. Tamara R. Lester 11/21/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove appellee unjustifiably refused vocational rehabilitation services
2037051 Latoya Yvette Mitchell, s/k/a Latoya Mitchell Y. v. Commonwealth 11/21/2006
Trial court did not abuse its discretion in accepting the investigator’s qualifications; trial court did not abuse its discretion in ruling the expert testimony did not invade the province of the jury
2567051 Gregory Thomas Lassiter v. Commonwealth 11/21/2006
Trial court erred in concluding that intent to use, sell, or transfer the credit card was not an element of the offense charged; judgment reversed and case remanded
2648052 Jayson Franklin Maxwell v. Commonwealth 11/21/2006
Trial court erred in finding the Commonwealth’s evidence sufficient to prove that appellant constructively possessed the drugs; appellant’s convictions are reversed and the indictments are dismissed
0822051 Jerome Washington v. Commonwealth 11/14/2006
Appellant’s conviction for third-offense assault and battery of a family or household member is affirmed
1269052 April Nicole Corsaro v. Commonwealth 11/14/2006
Trial judge erred in denying appellant’s motion to strike the Commonwealth’s evidence as the evidence was insufficient to corroborate appellant’s confession; appellant’s conviction for conspiracy to distribute a controlled substance is reversed and the indictment is dismissed
1433052 Anselmo M. Rozario v. Commonwealth 11/14/2006
Appellant’s conviction for summary contempt of court is reversed as the evidence was insufficient to prove the elements of contempt
2305053 Polly Ann Goodson v. Commonwealth 11/14/2006
Trial court erred by improperly allowing impeachment evidence; appellant’s conviction for solicitation to commit a felony is reversed and the case is remanded to the trial court
2515043 Terry Wayne Wolford v. Commonwealth 11/14/2006
This Court finds that appellant’s indictment and conviction for violating Code Section 46.2-817(B) were not barred by Code Section 19.2-294; evidence was sufficient to establish that appellant violated Code Section 46.2-817(B); as appellant did not prove ends of justice exception to Rule 5A:18, this Court cannot consider the merits of appellant’s other argument raised on appeal
0396061 Linda Faye Green v. City of Hampton Department of Social Services 11/07/2006
Trial court did not abuse its discretion in denying appellant’s motion to recuse; trial court did not err in terminating appellant’s residual parental rights to her child as the evidence was sufficient to meet the clear and convincing standard required by Code Section 16.1-283(C)(2)
0560053 Calvin Lovell Hurt v. Commonwealth 11/07/2006
Trial court did not err by denying appellant’s motion to strike the evidence; evidence was sufficient to support appellant’s conviction for possession of cocaine with the intent to distribute
0571063 Terrence Allen McCrady v. Valley Redi Mix Co., Inc., et al. 11/07/2006
Summary affirmance – commission did not err in denying claimant’s claim for benefits
0779052 Michael Gene Bodine v. Commonwealth 11/07/2006
Appellant’s convictions for possession of child pornography are affirmed as appellant’s prosecution under Code Section 18.2-374.1:1 did not violate his constitutional right to be free from ex post facto punishment
1485051 Travis Antonio Barnes v. Commonwealth 11/07/2006
Judgment of the trial court affirmed as the trial court did not improperly enhance appellant’s sentence nor did it violate the rule of law expressed in Apprendi or Blakely
1543062 Raymond Garnett Bates v. Molins Richmond, Inc. and Insurance Company of the State of Pennsylvania 11/07/2006
Summary affirmance – no error in commission’s finding that claimant’s claim was barred by the statute of limitations
1618051 Calvin Dean Coleman, II v. Commonwealth 11/07/2006
Trial court did not err in finding the evidence sufficient to support appellant’s convictions of eight counts of attempted malicious wounding and eight counts of use of a firearm in the commission of a felony
1907051 Ladonna Lou Joyce v. Commonwealth 11/07/2006
Trial court’s revocation of appellant’s April 11, 2003 suspensions and imposition of the unserved portions of the original sentences is affirmed; trial court’s revocation of appellant’s February 13, 2004 suspensions is reversed and this matter is remanded to the trial court with directions to reinstate those suspensions; judgment affirmed in part, reversed in part, and remanded
1937052 Freddie Lamont Mitchell v. Commonwealth 11/07/2006
Trial court did not err in admitting the certificate of analysis as the Commonwealth proved that the evidence the lab tested was the same evidence recovered from appellant’s person
2622052 Vernon Leo Pope, Jr. v. Commonwealth 11/07/2006
This Court cannot consider appellant’s argument that the trial court erred by entering the jury room, without counsel or a court reporter, to answer a question posed during sentencing as appellant did not properly preserve the issue for appeal and the ends-of-justice exception does not apply; appellant’s convictions are affirmed
0530053 John Adams Messina, s/k/a John Adam Messina v. Commonwealth 10/31/2006
As appellant did not prove ends of justice exception to Rule 5A:18, appellant’s conviction of aggravated sexual battery is affirmed
0581054 Dale Leon Kreider v. Commonwealth 10/31/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction for involuntary manslaughter as the Commonwealth proved appellant was criminally negligent
0661061 Gwaltney of Portsmouth and Fidelity & Guaranty Insurance Company v. Shelia Pelham 10/31/2006
Commission did not err in awarding benefits to claimant as credible evidence supports the commission’s finding of causation
1202063 Benjamin Abbitt v. Lynchburg Division of Social Services 10/31/2006
No error in trial court’s decision terminating appellant’s residual parental rights to his minor child pursuant to Code Section 16.1-283(B)
1303051 Juanita Delores Marsh v. Commonwealth 10/31/2006
Trial court did not err in convicting appellant for operating a motor vehicle after having been declared a habitual offender as the evidence, including appellant’s own statements, was sufficient to prove appellant was a habitual offender at the time of the driving at issue
1671052 Breon Lewis, s/k/a Breon Damont Lewis v. Commonwealth 10/31/2006
Appellant’s abduction conviction is affirmed as appellant failed to rebut the presumptive verity of the jury trial order
1756064 Circharo Acquisition Corporation and American Home Assurance Company v. Beulah Kay Sadler 10/31/2006
Summary affirmance – no error in commission’s finding that appellee proved she sustained an injury by accident arising out of and in the course of her employment
2199052 Diana Clareen Harris v. Commonwealth 10/31/2006
Trial court erred in finding the evidence sufficient to establish venue in Henrico County as the evidence is not sufficient to give rise to a strong presumption that the offenses were committed in Henrico County; judgment is reversed and the case is remanded to the trial court
2254051 Roosevelt Walker, III v. Commonwealth 10/31/2006
Appellant’s conviction of conspiracy to distribute cocaine is affirmed as this Court finds that it was reasonable for the jury to conclude, under the facts of this case, that appellant entered into an agreement to distribute drugs to a third party
2343054 Kylor E. Whitaker v. Lynne Marie Whitaker 10/31/2006
Trial court erred in its equitable distribution award; equitable distribution award is reversed and the case is remanded to the trial court; spousal support award is also reversed and remanded to the trial court for adjudication in accordance with Code Section 20-107.1; award of attorney’s fees is remanded
2509051 James Council Walker v. Commonwealth 10/31/2006
Trial court did not err in convicting appellant for possessing an unauthorized weapon capable of causing death or injury while a prisoner in a state, local or community correctional center as the evidence was sufficient to prove appellant knowingly possessed the razor blade
2695051 Alvin Parkins, s/k/a Alvin Parkins, III v. Commonwealth 10/31/2006
Trial court did not abuse its discretion in ordering appellant to serve one year six months of his previously suspended sentences
2811051 Kareem Jemar Bennett v. Commonwealth 10/31/2006
Trial court did not err in finding the eyewitness identification testimony was sufficient to support appellant’s conviction for driving after having been declared a habitual offender
3110052 Larry Aylette Aylor, Sr., et al. v. Madison County Department of Social Services, et al. 10/31/2006
This Court holds that the circuit court judge acted within statutory authority as the provision of the order committing the juvenile to a residential facility is fully consistent with the express language of Code Section 16.1-292(E); we do not address the issue of the judge’s authority to order payment as appellants’ failure to adequately brief this question presented is a waiver of the issue
3141052 Paul E. Groves v. Virginia Employment Commission 10/31/2006
Summary affirmance – no error in trial court’s finding that appellee acted within its authority, that the record supports appellee’s decision that appellant received benefits to which he was not entitled, and that appellant is liable to repay that sum to appellee
0218062 James Deleslie Kennedy v. Mildred D. Kennedy 10/24/2006
Trial court’s decision awarding appellee a divorce on the ground of cruelty is affirmed; trial court’s equitable distribution award, spousal support award, and award of attorney’s fees and costs are reversed, and those matters are remanded to the trial court for reconsideration
0993061 Mark Varrick, s/k/a Mark R. Varick v. Newport News Department of Social Services 10/24/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to his minor son
1106061 Phyllis L. Daye v. Atria Hilltop and Sentry Insurance A Mutual Company 10/24/2006
Summary affirmance – no error in commission’s finding that claimant failed to establish that appellees were responsible for the cost of certain medical treatment associated with her left wrist under the terms of the compromise settlement approved by the commission
1251052 Aaron Joshua Robinson v. Commonwealth 10/24/2006
Trial court did not err in refusing appellant’s proffered jury instruction on self-defense without fault as the evidence in this case fails to support a jury instruction on self-defense without fault; appellant’s convictions affirmed
1565052 Branden Shawne Ghee, s/k/a Brandon Ghee v. Commonwealth 10/24/2006
This Court affirms appellant’s conviction and mandatory punishment imposed in accord with Code Section 18.2-308.2; evidence was sufficient to establish that appellant violated Code Section 18.2-308.2
0117063 Walter Everett Childress v. Appalachian Power Company 10/17/2006
Summary affirmance – those questions and arguments raised before the commission are without merit
0124063 Home Improvement Specialist, et al. v. Daniel Lee Brown 10/17/2006
Appeal dismissed without prejudice as the order appealed from is interlocutory, is not determinative of the controversy, and does not address the merits of the case
0225063 Selina Faye Jessee v. Logisticare Solutions, LLC and Twin City Fire Insurance Company 10/17/2006
Commission did not err in finding that claimant failed to prove her injury arose out of her employment and in determining the evidence was not sufficient to prove that wax or any other slippery substance or defect existed on the steps, causing her to slip and fall
0292064 Patricia A. Cherin v. John Cherin 10/17/2006
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
0610063 Town of Coeburn and Virginia Municipal Group Self-Insurance Association v. Wesley R. Sigmon 10/17/2006
Summary affirmance – commission did not err when it found that appellee proved his back injury and resulting disability were causally related to his compensable injury be accident, appellee proved employer had actual notice of the accident, and employer failed to prove any prejudice associated with appellee’s failure to provide written notice of the accident
0902063 Timothy Martin Barrett v. Valerie Jill Rhudy Barrett 10/17/2006
This Court finds the trial court’s custody order satisfied the requirements of Code Section 20-124.3; this Court is barred from considering issues one and three presented on appeal because of appellant’s failure to provide the Court with a sufficient appendix containing parts of the record germane to the questions presented on appeal; judgment of the trial court affirmed
1149063 Red Onion State Prison/Commonwealth of Virginia v. Jerlene J. Rose 10/17/2006
Summary affirmance – no error in commission’s finding that claimant proved her compensable injury by accident aggravated her pre-existing psychiatric condition and awarding claimant temporary total disability benefits
1493061 Newport News Shipbuilding and Dry Dock Company v. Alonza Wilson, Jr. 10/17/2006
Summary affirmance – commission’s decision awarding claimant permanent partial disability benefits affirmed
1721051 Quinton Utell Burton v. Commonwealth 10/17/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction for grand larceny and in finding venue proper under the circumstances of this case
2716053 Christopher R. Patrick v. Commonwealth 10/17/2006
Trial court did not err in finding the evidence sufficient to sustain appellant’s conviction for sexual battery
2742054 The Estate of Alejandro Enrique Aguilar Ho v. Information Technology Solutions, et al. 10/17/2006
Commission did not err in finding that the decedent’s accident and death arose out of and in the course of his employment
2868053 Jerry Nolan and Charles Wright v. Virginia Department of Corrections, Botetourt Correctional Center 10/17/2006
Appeal dismissed as appellants’ issues raised on appeal are procedurally defaulted
0154061 Leslie Tafe Hackemeyer v. John Hackemeyer 10/10/2006
Trial court did not abuse its discretion in its interpretation of its own order and in finding that husband was not obligated under the new mortgage
0182062 Wayne L. Davis, Jr. v. Preferred People Staffing and Continental Casualty Company 10/10/2006
Summary affirmance – commission did not err in denying appellant’s claim for an injury by accident or, in the alternative, an occupational disease based on its finding that he failed to prove he sustained an injury to his right eye causally related to his employment
0489063 Southwestern Virginia Mental Health Institute v. Sheila Mae Wright 10/10/2006
Commission did not err in awarding benefits to claimant as claimant’s delayed post-traumatic stress disorder was causally related to the sexual assault she sustained in the course of her employment; commission’s award of benefits is affirmed
0669063 Gerri Oliver v. Roanoke City Department of Social Services 10/10/2006
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children under Code Section 16.1-283(B)(2)
0742061 Shannon Fauncher-Whitney v. City of Hampton Department of Social Services 10/10/2006
Summary affirmance – trial court did not err by terminating appellant’s parental rights to her child pursuant to Code Section 16.1-283(C)(2)
0843064 Dennis E. Bellamy v. Food Lion LLC #1226 and Delhaize America, Inc. 10/10/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of and in the course of his employment
1005062 Demetrice Lassiter v. Children’s Home Society of Virginia 10/10/2006
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her minor child pursuant to Code Section 16.1-283
1178053 Duane Michael Johnson v. Commonwealth 10/10/2006
Appellant’s failure to comply with the requirements of Rule 3A:9 constitutes a waiver of his objection to the indictments; appellant’s convictions are affirmed
1401064 Justin Everett Peck v. R.G. Management Services, Inc. 10/10/2006
Summary affirmance – commission did not err in finding that appellant failed to prove he sustained an injury by accident arising out of his employment, the effects of his idiopathic fall were not compensable, and the “street risk” doctrine was inapplicable
1592044 Malcolm Parker v. Commonwealth 10/10/2006
Upon rehearing en banc, judgment of the trial court affirmed for the reasons stated by the dissent
2154052 David Wayne Davis v. Commonwealth 10/10/2006
Appellant’s argument is procedurally barred by Rule 5A:18; appellant’s conviction is affirmed
2522052 Greene County Department of Social Services v. George Green 10/10/2006
This appeal is dismissed as opposing counsel did not receive notice of the appeal within thirty days after the entry of the final judgment as required by Rule 5A:6(a), this Court is without jurisdiction to entertain this appeal
2692052 Asia Green v. Greene County Department of Social Services 10/10/2006
Trial court did not err by terminating appellant’s parental rights pursuant to Code Section 16.1-283(C)
2881054 Sherrie Mayo v. Gregory Mayo 10/10/2006
Rule 5A:18 bars appellant from raising issue for first time on appeal that the trial court lacked subject matter jurisdiction to grant the divorce
0014064 Mary Haley v. Commonwealth of Virginia, Virginia Real Estate Appraiser Board 10/03/2006
Trial court did not err in dismissing appellant’s petition for appeal regarding the Virginia Real Estate Appraiser Board’s revocation of her appraiser’s license; as appellant never requested a formal hearing, as permitted under Code Section 2.2-4020, she was not entitled to cross-examination or testimony under oath pursuant to Code Section 2.2-4019
0037064 Jeffrey M. Johnson v. Leslie C. Johnson 10/03/2006
Trial court did not err in determining that wife retained her separate interest in the business despite the fact that the business’ profits were used to reduce the mortgage on its sole asset and that the parties’ conversion of the business from a partnership to a limited liability company during the marriage did not make the business marital property
0204064 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in finding father in contempt
0609052 Ronald Wayne Malbrough, Jr. v. Commonwealth 10/03/2006
Trial court did not err in denying appellant’s motion to suppress as the officers and appellant were engaged in a consensual encounter after the conclusion of the traffic stop; judgment of the trial court is affirmed
0694051 Brandon Clifford Hayes v. Commonwealth 10/03/2006
Trial court did not abuse its discretion by refusing to strike a prospective juror for cause
0767051 Bryan Lee Lindsey v. Commonwealth 10/03/2006
Trial court did not lack jurisdiction to try appellant as the trial order recites that both the Commonwealth’s attorney and the trial court concurred in appellant’s waiver of a jury trial
1107064 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in finding father in contempt, in incarcerating him, or in refusing to grant him visitation with the child
1122062 Commonwealth v. Carlos Fernando Wimbish 10/03/2006
Trial court erred in granting appellee’s motion to suppress his statements as the Commonwealth was not required to repeat the Miranda warnings when the interrogation resumed; judgment reversed and case remanded
1263054 Herbert Ray Palmer v. Commonwealth 10/03/2006
Trial court did not abuse its discretion in revoking three months of appellant’s previously suspended sentence of eight years nine months as the behavior upon which the trial court based the revocation violated the good behavior condition of the suspension of appellant’s sentence
1431054 Samuel Alvaro Perez v. Commonwealth 10/03/2006
As appellant’s dual convictions violate the Double Jeopardy Clause, one of appellant’s two convictions for possessing a firearm after having been convicted of a felony is reversed and this case is remanded to the trial court for resentencing; as the evidence was sufficient to establish the fact of appellant’s prior felony conviction, appellant’s remaining conviction is affirmed
1469054 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in scheduling a custody hearing and in modifying custody based in part on an expert clinical psychologist’s informed opinion; trial court did not abuse its discretion in ruling the child’s medical records to be undiscoverable, in admitting father’s deposition transcript into evidence and in granting mother sole custody of the child
1832054 Robert E. Wilson, Jr. v. Commonwealth 10/03/2006
Trial court did not err in finding the evidence was sufficient to prove appellant constructively possessed the firearm and marijuana found in his vehicle; appellant’s convictions for possession of a firearm by a convicted felon and possession of marijuana are affirmed
2247054 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in entering the August 19, 2005 order as the order was a clarification, not a modification, of the original order
2585054 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – no reversible error found in trial court’s September 23, 2005 order denying father’s motion to unseal the file in this case
3151054 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in finding father in contempt
0263051 Reggie Gatling, s/k/a Reggie A. Gatling v. Commonwealth 09/26/2006
Trial court did not err in finding that appellant was represented by counsel at the time of his juvenile court conviction; appellant’s conviction of possession of a firearm by a convicted felon is affirmed
0462063 Misty Ratcliff v. Dickenson County Department of Social Services 09/26/2006
Summary affirmance – trial court did not err in finding the evidence sufficient to terminate appellant’s parental rights to her two minor children pursuant to Code Section 16.1-283(C)(2)
0569063 Pamela Cox v. Wise County Department of Social Services 09/26/2006
Trial court did not err by granting the department of social services full custody of appellant’s child at the same time it terminated appellant’s parental rights; this Court cannot consider appellant’s argument that the trial court failed to determine whether the department of social services had followed proper procedures as appellant failed to preserve this issue for appeal
1072054 Jonathan Scott Towner v. Paulette Moore Towner 09/26/2006
Trial court did not err in finding money received by appellee from her parents were loans and not gifts and in awarding attorney’s fees to appellee; trial court erred in ruling the evidence was sufficient to retrace appellee’s separate property; that part of the judgment pertaining to the equitable distribution award is reversed and this matter is remanded to the trial court
1313063 Timothy Wayne Shively v. Blue Ridge Aquaculture and Erie Insurance Company 09/26/2006
Summary affirmance – no error in commission’s finding that appellant was not entitled to a de facto award and the doctrine of imposition did not apply to save his claim from the limitations bar
0342061 LaGene V. Watkins v. City of Hampton Department of Social Services 09/19/2006
As the trial court’s decision to terminate appellant’s parental rights was based solely upon appellant’s incarceration, the judgment of the trial court is vacated and the case is remanded
0364061 LaGene V. Watkins v. City of Hampton Department of Social Services 09/19/2006
As the trial court’s decision to terminate appellant’s parental rights was based solely upon appellant’s incarceration, the judgment of the trial court is vacated and the case is remanded
0365061 LaGene V. Watkins v. City of Hampton Department of Social Services 09/19/2006
As the trial court’s decision to terminate appellant’s parental rights was based solely upon appellant’s incarceration, the judgment of the trial court is vacated and the case is remanded
0366061 LaGene V. Watkins v. City of Hampton Department of Social Services 09/19/2006
As the trial court’s decision to terminate appellant’s parental rights was based solely upon appellant’s incarceration, the judgment of the trial court is vacated and the case is remanded
0654064 Kelly Willkie Oxley v. Fairfax County Department of Family Services 09/19/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights pursuant to Code Section 16.1-283(B)(2)(b) and (C)(2)
0765063 Ethel Gibson and Jerry Gibson v. Roanoke City Department of Social Services 09/19/2006
Trial court did not err in denying appellants’ petition for custody of their three grandchildren
0803063 Ronnie Oliver, Sr. v. City of Roanoke Department of Social Services 09/19/2006
Trial court did not err in finding the evidence sufficient to terminate appellant’s parental rights to his three children under Code Section 16.1-283(B)(2)
0863063 Margie Rush Harder v. Campbell County Department of Social Services 09/19/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights pursuant to Code Section 16.1-283(B) and (C)(2)
1000051 George Perry v. Commonwealth 09/19/2006
Trial court did not err in convicting appellant of forgery of a check and uttering that forged check as the check was of sufficient apparent legal efficacy
1254061 Ford Motor Company v. William K. Favinger 09/19/2006
Summary affirmance – commission did not err in awarding temporary partial disability benefits to claimant during certain periods of wage loss
1275062 John E. Hall Electrical Company and The Union Insurance Company v. Steven Allen McFerrin 09/19/2006
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee’s marijuana intoxication barred his claim for benefits pursuant to Code Section 65.2-306
1073062 Eastern State Hospital/Commonwealth of Virginia v. Sarah Elizabeth Johnson 09/12/2006
Summary affirmance – commission did not err in finding that claimant was entitled to an award of temporary partial disability benefits; matter remanded to correct clerical error in commission’s award
1166062 Albemarle (County of) Fire Department, et al. v. Michael Jason Davis 09/12/2006
Summary affirmance – commission did not err in awarding compensation to claimant for a compensable occupational disease
2363054 Uday Patel v. Lavina Patel 09/12/2006
Trial court did not err in classifying a portion of the investment in the residence, four bank accounts, and an investment account, as marital property, in valuing two of those bank accounts as of the separation date, and in awarding attorney’s fees to wife
2791051 Clifton O. Ballard, III v. Bethel B. Ballard 09/12/2006
No reversible error in the trial court admitting evidence of negotiation and compromise between the parties; trial court erred by basing its division of the marital estate on a perceived economic hardship created by the divorce; judgment pertaining to the equitable distribution award is reversed and this matter is remanded to the trial court to reconsider the division of the marital property
1085064 Giant Food, Inc. #142 and Ahold USA Holdings, Inc. v. Ondria Griffin 09/05/2006
Summary affirmance – no error in commission’s finding that claimant sustained her burden of proving ongoing disability and awarding her temporary total disability benefits based upon what employer claims are an incomplete medical diagnosis and inaccurate medical history
1150063 Cleve Curry v. Consol Energy, Inc. 09/05/2006
Summary affirmance – commission did not err in finding that appellant specifically declined to allege his post-traumatic stress disorder (PTSD) as an injury by accident and failed to prove that his PTSD constituted a compensable occupational disease
1179063 R. Blake Dingler v. Roanoke College and Travelers Indemnity Company of America 08/29/2006
Summary affirmance – commission did not err in finding that appellant failed to prove he sustained a compensable injury by accident arising out of and in the course of his employment
1188062 Inland Paperboard and Packaging, Inc., et al. v. Junius Nelson, Jr. 08/29/2006
Summary affirmance – no error in commission’s finding that appellee proved his disability and medical treatment were causally related to his compensable injury by accident
1515054 Frank Linwood Murray, Jr. v. Commonwealth 08/29/2006
Appellant’s conviction affirmed as this Court finds our consideration of the merits of appellant’s claims of error barred
1579053 Brenda S. Neofotis v. Commonwealth 08/29/2006
Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed
1580053 Nicky Neofotis v. Commonwealth 08/29/2006
Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed
0293064 Sheila Datta v. Fairfax County Department of Family Services 08/22/2006
Summary affirmance – trial court did not err in finding appellant’s child was neglected pursuant to Code Section 16.1-228(5) and in ordering custody of the child remain with the Fairfax County Department of Family Services
0550061 Pamela Young v. Chesapeake Department of Human Services 08/22/2006
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
0930063 Wilda Sellers Clear v. Piney Forest Healthcare Center and Hartford Casualty Insurance Company 08/22/2006
Summary affirmance – commission did not err in finding that appellant failed to prove a compensable cervical condition causally related to her work injury and that appellant was not entitled to medical benefits for treatment of that condition or wage loss benefits
0963062 Haley of Farmville v. Bruce Wayne Strickland, Sr. 08/22/2006
Summary affirmance – commission did not err in finding that appellee proved he continued to be disabled from performing the full duties of his pre-injury employment as a result of his compensable injury by accident and awarding appellant temporary partial disability benefits
1134061 Gary Lynn Powell v. IPC International Corporation and Travelers Indemnity Company of America 08/22/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of his employment
1625053 Brenda Lee Fattaleh v. Commonwealth 08/22/2006
This Court holds that the Commonwealth did not meet its burden to show either an express or de facto waiver of trial counsel by appellant; appellant’s conviction for misdemeanor disorderly conduct is reversed and the case is remanded
2401054 Audra Jane Acchione v. Geoffrey Lawrence Acchione 08/22/2006
No error in trial court’s award of primary physical custody to father as the evidence was sufficient to support the award; trial court did not abuse its discretion in its consideration of the custody factors of Code Section 20-124.3
2483052 Paul Marvin Blythe v. Joyce Wright Blythe 08/22/2006
Appellant waived his arguments by failing to comply with Rule 5A:20; judgment of the trial court affirmed
2538053 Darryl Stacy Harris v. Tracy N. Burd 08/22/2006
Appellant did not preserve under Rule 5A:18 arguments raised on appeal
3053054 Stephen Jimenez v. Julia A. Jimenez 08/22/2006
Summary affirmance – no error in trial court’s order temporarily reducing appellant’s child support obligation
0105062 Harry Carter v. Eagle Global Logistics and Continental Casualty Company 08/15/2006
Summary affirmance – commission did not err in finding that appellant’s request for review of the deputy commissioner’s opinion was not timely filed and, therefore, the commission lacked jurisdiction to consider the review request
0650064 Joseph B. Valder v. Mary M. Valder 08/15/2006
Summary affirmance – trial court did not abuse its discretion in refusing to impute additional investment income to wife and in refusing to require wife to invest the $25,000 she received from the settlement agreement in an interest producing account
0842062 City of Richmond Public Schools and CompManagement, Inc. v. Catrina Yvette Lassiter 08/15/2006
Summary affirmance – no error in commission’s finding that appellee proved she sustained a compensable injury by accident when she received an electrical shock while working, which resulted in causally related psychiatric symptoms
0845063 The Kroger Company and Continental Casualty Company v. Diane L. Rouleau 08/15/2006
Summary affirmance – commission did not err in finding that appellee’s decision to refuse employer’s offer of selective employment was reasonable and not unjustified
0929062 Emeritus Corporation d/b/a Wilburn Gardens, et al. v. Elizabeth Ann Smythers 08/15/2006
Summary affirmance – commission did not err in finding that appellee did not unjustifiably refuse an offer of light-duty work procured by employer and that appellee adequately marketed her residual work capacity during the time period claimed
0931062 James J. Rixner v. Richmond (City of) Fire Department 08/15/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove the communication of an occupational disease
0966062 Bacova Guild, Ltd. and Liberty Mutual Fire Insurance Company v. Ernest Gordon Shinault, Sr. 08/15/2006
Summary affirmance – commission did not err in awarding appellee temporary total disability benefits and finding appellee proved an injury by accident arising out of his employment and causally related disability
2803051 Gary Epps, Sr. v. City of Newport News Department of Social Services 08/15/2006
Trial court did not err in finding the evidence sufficient to terminate appellant’s residual parental rights to his son pursuant to Code Section 16.1-283(C)(2)
0551064 David Allen Robison v. Jodi Lynnae Robison 08/08/2006
Summary affirmance - no error in trial court's finding that appellant's proposed payment schedule was unreasonable and in directing appellant to pay equal monthly installments to appellee
0652063 John Edward Kirk, Sr. v. Southern Air, Inc., et al. 08/08/2006
Summary affirmance - no error in commission's finding that appellant failed to prove his right foot problems were causally related to compensable injury by accident or that he was entitled to a change in treating physicians
0699052 Lalita Yeldell v. Commonwealth 08/08/2006
Trial court erred in allowing Commonwealth's accident reconstruction expert to give opinion testimony as to how motor vehicle accident occurred; convictions of driving under the influence, two counts of involuntary manslaughter and maiming while driving under the influence reversed and remanded to trial court of new trial
0784063 Debra Kay Truslow Harris, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 08/08/2006
Summary affirmance - no error in trial court's decision to terminate appellant's parental rights to her minor child
1356052 Brandon P. Sessoms v. Commonwealth 08/08/2006
Trial court did not lack jurisdiction to convict appellant of attempted sodomy and aggravated sexual battery as any defects in transfer proceeding cured by grand jury's return of indictments
1567052 George Anthony Patterson v. Commonwealth 08/08/2006
No reversible error in trial court's decision to admit vehicle registration card; evidence supported convictions of possession of marijuana and possession of a firearm by a felon
2011051 Arthur Junious Cherry v. Commonwealth 08/08/2006
Although evidence sufficient to support convictions of possession of cocaine with intent to distribute and possession of a firearm while in possession of cocaine, trial court erred in denying appellant's request for a jury trial without an express, voluntary, or intelligent waiver
0228061 Commonwealth v. Sean Green 08/01/2006
Appeal dismissed as the Commonwealth’s appeal of the dismissal order is not authorized by Code Section 19.2-398(A)(1)(ii)
0413051 Rayshod Martin v. Commonwealth 08/01/2006
For the reasons set forth in Washington v. Commonwealth, trial court did not err in permitting the victim to testify during the Commonwealth’s case-in-chief of the sentencing phase of appellant’s trial; judgment of the trial court affirmed
3134054 Interstate Truck Service, Inc. and American Home Assurance Co. v. Joseph A. Ricketts 08/01/2006
Commission did not err in reviewing the decision of the deputy commissioner denying compensation on the alternative claim and in concluding that claimant sustained a new injury by accident arising out of and in the course of his employment
3170054 Joseph A. Ricketts v. Highway Motors, Inc. and VADA Group Self-Insurance Association 08/01/2006
No error in commission’s denial of compensation on appellant’s claim against appellees
0005064 Lisa Tarrance v. Catholic Charities of the Diocese of Arlington, Inc. 07/25/2006
Summary affirmance - as appellant fails to contest the termination of her parental rights pursuant to Code Section 16.1-283(E)(i), this Court summarily affirms the trial court’s decision terminating appellant’s parental rights pursuant to Code Sections 16.1-283(C)(2) and 16.1-283(E)(i)
0607062 E. Wayne Powell v. Virginia Workers’ Compensation Commission 07/25/2006
Summary affirmance - commission’s decision awarding appellant $500 in attorney’s fees is affirmed
0653063 John C. Phillips v. Red Onion State Prison/Commonwealth 07/25/2006
Summary affirmance – commission did not err in finding that appellant failed to prove he suffered a compensable injury by accident on the ground that he failed to prove the occurrence of an obvious sudden shock or fright arising out of the course of his employment
1818051 Eric Ryan, s/k/a Eric Bernard Ryan v. Commonwealth 07/25/2006
Trial court did not err in finding the evidence sufficient to support appellant’s conviction of killing a companion animal; trial court did not err in convicting appellant of violating Code Section 3.1-796.122(H), a felony, rather than Code Section 3.1-796.122(A), a misdemeanor
2142052 Gregory D. Pearson v. Della G. Pearson 07/25/2006
Trial court did not err in including equity line advances appellant obtained during the marriage in the marital estate and in denying appellant’s motion to value the martial business as of the date of separation
2473053 Francis D. Jarvis v. Nicole L. Jarvis 07/25/2006
This Court finds that the trial court properly considered all the relevant factors of Code Section 20-124.3, properly articulated its findings as required by statute, and properly assessed the costs of the guardian ad litem to father
2645054 Louis James Clemente v. Ellen Louise Clemente 07/25/2006
Trial court erred in finding the parties’ July 31, 2003 marital agreement obligated appellant to pay appellee the sum of $100,000; trial court’s order is reversed
0222061 Barry Ogburn Fletcher v. Hugh M. Morris Construction, Inc., et al. 07/18/2006
Summary affirmance – no error in commission’s finding that appellant was an independent contractor and not an employee of Hugh M. Morris Construction, Inc.
0330051 Daniel Dewayne Wrede v. Commonwealth 07/18/2006
Appellant has not preserved for appeal the issue of whether the trial judge erred in admitting into evidence a recorded telephone message; this Court holds that the trial judge’s error in instructing the jury that it could consider character evidence about appellant in determining his guilt or innocence was harmless
0399052 Wendell Ford v. Commonwealth 07/18/2006
Trial court did not err in denying appellant’s motion to suppress as the officer did not exceed the scope of the original, valid pat down by ordering appellant to remove his foot from his shoe
0481063 Stephen Ostrander t/a Hard Time Logging v. Freddie Fuller, Jr. 07/18/2006
Summary affirmance – no error in commission’s finding that appellee proved he sustained an injury by accident arising out of and in the course of his employment and that employer had two or more employees regularly in service, and thus was an employer subject to the Workers’ Compensation Act
0482064 News America Marketing, Inc. and Gallagher Bassett Services v. Cheryl A. Deans 07/18/2006
Summary affirmance – commission did not err in awarding temporary total disability benefits to appellee
0766052 Gaylen Maurice Braxton v. Commonwealth 07/18/2006
Trial court did not err in ruling that appellant’s statements to his wife were admissible and were not subject to the confidential spousal communication privilege; judgment of trial court affirmed
1028051 William Lloyd Turner v. Commonwealth 07/18/2006
Trial court did not err by denying appellant’s motion to suppress as the officers had probable cause to arrest appellant for possession of cocaine
2552053 Daniel Peter Molloy v. Abbeyshroul, Inc. and Harleysville Mutual Insurance Company 07/18/2006
Commission did not err in finding that an independent intervening cause attributable to appellant’s own intentional conduct caused the amputation of his right arm; commission’s decision denying appellant’s claim for benefits and medical expenses related to his injury by accident is affirmed
2558053 Charles Robert Otey v. Roanoke City Department of Social Services 07/18/2006
Trial court did not err in finding that the department of social services proved by clear and convincing evidence that appellant’s parental rights should be terminated pursuant to Code Section 16.1-283(C); Rule 5A:18 precludes appellate review of appellant’s argument that the trial court erred by denying his pretrial motion to disqualify the guardian ad litem and to appoint a replacement
2606053 Harleysville Mutual Insurance Company v. Daniel Peter Molloy 07/18/2006
For reasons set forth in the case of Molloy v. Abbeyshroul, Inc., it is not necessary for the Court to address the issues raised in this cross-appeal
2653051 Winston J. Reid, III v. Tara G. Reid 07/18/2006
No error in trial court’s decisions regarding child custody and gross income; that part of the judgment pertaining to child support is reversed and remanded to the trial court to clarify its visitation order and determine whether the shared custody guidelines are applicable; judgment affirmed in part, reversed and remanded in part
2666053 Bobbi Jeen Calloway v. Lynchburg Division of Social Services 07/18/2006
Summary affirmance – trial court did not err in finding the evidence sufficient to support the termination of appellant’s parental rights to her sons pursuant to Code Section 16.1-283(B)
0023061 Michael A. Williams v. Chesapeake Department of Human Services 07/11/2006
Trial court did not err in terminating appellant’s residual parental rights to his two minor children pursuant to Code Section 16.1-283(C)(1) and (2)
0089064 Carlos Andres Arias v. United Masonry of Virginia, Inc. and Twin City Fire Insurance Company 07/11/2006
Rehearing En Banc granted
0224062 Cynthia Weaver v. Richard E. Lloyd 07/11/2006
Summary affirmance – trial court did not err in changing custody of the parties’ children to father
0359061 Marie Hughes v. Wayne Lamar Hughes 07/11/2006
Summary affirmance – trial judge did not abuse his discretion in failing to identify the statutory factors while awarding husband the thrift savings plan; this Court cannot consider appellant’s argument that the trial judge abused his discretion by fixing the amount and duration of her spousal support as appellant failed to preserve this issue for appeal
0647052 Jerome Antonio Talley v. Commonwealth 07/11/2006
Appellant is barred from raising issue on appeal; appellant’s convictions affirmed
1396054 Jose A. Acuna v. Commonwealth 07/11/2006
Trial court did not err by admitting appellant’s statement of refusal to take a breath test, by admitting records of two prior driving under the influence convictions, and by admitting the Division of Motor Vehicles record of his adjudication as an habitual offender; appellant’s convictions affirmed
2656054 Smart Document Solutions, LLC v. Virginia Farm Bureau Fire and Casualty Insurance Company 07/11/2006
This Court holds the commission did not have jurisdiction to issue an opinion in this matter as it did not relate to a workers’ compensation claim; commission’s decision is reversed and this appeal is dismissed
2714054 Virginia Farm Bureau Fire and Casualty Insurance Company v. Smart Document Solutions, LLC 07/11/2006
This Court holds the commission did not have jurisdiction to issue an opinion in this matter as it did not relate to a workers’ compensation claim; commission’s decision is reversed and this appeal is dismissed
2947052 Noel Pinoth v. Glaize Company and Bituminous Fire and Marine Insurance Company 07/11/2006
Commission did not err in finding claimant willfully violated a known safety rule in violation of Code Section 65.2-306 and in not addressing the deputy commissioner’s ruling that claimant’s injury did not occur in the course of his employment
3054053 Dean Steel Erection Co., Inc. and Virginia Surety Company v. Jerry L. Arbaugh 07/11/2006
Commission did not err in finding that claimant suffered a new injury by accident and in awarding claimant indemnity benefits
0320052 Michael Anthony Smith v. Commonwealth 07/05/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s convictions for grand larceny and breaking and entering with intent to commit larceny
0450061 Michael S. McClure v. Katherleen B. McClure 07/05/2006
Summary affirmance – trial court’s order restoring and modifying spousal support to wife and awarding husband child support is affirmed
0748053 Mildred Renee Oliver v. Commonwealth 07/05/2006
Trial court did not err in finding the evidence sufficient to convict appellant of second-degree murder; judgment of trial court affirmed
0908052 William Joseph Davis v. Commonwealth 07/05/2006
Trial court erred in finding the evidence was sufficient to support appellant’s conviction for animate object sexual penetration; appellant’s conviction is reversed and the indictment is dismissed
0998054 Derron Pleasant Farrar v. Commonwealth 07/05/2006
Appellant’s conviction of petit larceny is reversed and dismissed as it was included in appellant’s conviction of third offense larceny; appellant’s conviction of third offense larceny is affirmed
2655054 Sandra H. O’Hara v. Tim Price O’Hara 07/05/2006
Trial court did not err in finding that wife cohabitated with another person in a relationship analogous to marriage for a period of more than one year; the decree terminating husband’s spousal support obligation is affirmed
3135054 King George Custom Homes, Inc. and Erie Insurance Exchange v. Jose Hernandez, et al. 07/05/2006
Commission did not err in finding that appellant was the statutory employer of appellee under Code Section 65.2-302(B)
0063061 Derrick Horton v. City of Hampton Department of Social Services 06/27/2006
Summary affirmance - as appellant fails to contest the termination of his parental rights pursuant to Code Section 16.1-283(C)(1), this Court summarily affirms the trial court’s decision terminating appellant’s parental rights pursuant to Code Sections 16.1-283(C)(1) and (2)
0497063 Wal Mart Stores, Inc., et al. v. Reba K. Branham Blankenship 06/27/2006
Summary affirmance – commission did not err in finding that appellee proved her eye condition constituted a compensable consequence of her injury by accident
0580062 Leroy Reed, Sr. v. Lil Bro’s Trucking, Inc. and Uninsured Employer’s Fund 06/27/2006
Summary affirmance – commission did not err in finding that appellant was an employee of Lil Bro’s Trucking, Inc. at the time of his work-related accident, but that employer was not subject to the jurisdiction of the Workers’ Compensation Act because it did not have three or more employees regularly in service
1042052 Stanley Kelsey Hayden v. Commonwealth 06/27/2006
Trial court did not err in denying appellant’s motion to dismiss the indictments; evidence was sufficient to prove that appellant was the criminal agent who committed the charged crimes; appellant’s convictions affirmed
1445051 Milton James, Jr., s/k/a Milton N. James, Jr. v. Commonwealth 06/27/2006
Trial judge did not abuse her discretion in revoking appellant’s three suspended sentences and ordering him to serve the sentences consecutively; trial judge’s order affirmed
2945051 Frank St. Peter v. Isle of Wight County Department of Social Services 06/27/2006
Trial court did not err in ordering the termination of appellant’s parental rights to his daughter pursuant to Code Section 16.1-283(B)
2953051 Janet St. Peter v. Isle of Wight County Department of Social Services 06/27/2006
Trial court did not err in ordering the termination of appellant’s parental rights to her daughter pursuant to Code Section 16.1-283(B)
0416054 Kevin Leeroy Perry v. Commonwealth 06/20/2006
Trial court did not err by imposing a jail sentence for the misdemeanor, by imposing an additional six-month sentence conditioned on post-release supervision for the felony, and by overruling appellant’s objection to the Commonwealth’s attorney’s closing argument; appellant’s convictions affirmed
2124051 John F. Courtney v. Cynthia H. Courtney 06/20/2006
Judgment of trial court affirmed except insofar as it pertains to the trial court’s refusal to award attorney’s fees to wife; that part of the judgment is reversed and this matter is remanded to the trial court for a determination of attorney’s fees and costs to wife for enforcement of the stipulation agreement in the trial court
2165051 Cynthia H. Courtney v. John F. Courtney 06/20/2006
Judgment of trial court affirmed except insofar as it pertains to the trial court’s refusal to award attorney’s fees to wife; that part of the judgment is reversed and this matter is remanded to the trial court for a determination of attorney’s fees and costs to wife for enforcement of the stipulation agreement in the trial court
2217044 Michael Antwuan Williams v. Commonwealth 06/20/2006
Trial court did not err in denying appellant’s motion to suppress as appellant had no reasonable expectation of privacy in the rental vehicle; appellant’s convictions are affirmed
3018043 Roger Keith Holcomb v. Commonwealth 06/20/2006
No error in trial court’s denial of appellant’s motion to suppress his statement to the police; no error in trial court’s conclusion that the proffered evidence was inadmissible; decision of the trial court affirmed
1809053 Arthur C. Taylor, Jr. v. Arthur C. Taylor, III and Mary Ann Snapp 06/13/2006
Trial court did not err in granting the wife’s motion for summary judgment holding the husband liable for spousal support and in awarding interest on the arrearage; the remaining issues are procedurally defaulted
1984051 Brenda Joseph v. Portsmouth Department of Social Services 06/13/2006
Trial judge erred in ruling appellant was not a person “with a legitimate interest” within the meaning of Code Sections 20-124.1 and 16.1-241(A); judgment is reversed and the case is remanded to the trial court for further proceedings on the merits of appellant’s petition for custody
2261052 Richmond Department of Social Services v. Petersburg Department of Social Services 06/13/2006
Summary affirmance – trial court did not err in finding that it lacked jurisdiction to entertain an appeal by the Richmond Department of Social Services from certain orders entered by the Juvenile and Domestic Relations District Court for the City of Petersburg
2295054 Gary M. Kotara v. Kathleen M. Kotara 06/13/2006
Trial court did not err in granting spousal support to the wife, in refusing to impute income to the wife, and in awarding attorney’s fees and costs to the wife; matter remanded to the trial court for an award to the wife of attorney’s fees and costs on appeal
2650053 Cassie Greenway v. Craig County Department of Social Services 06/13/2006
Trial court did not err in terminating appellant’s parental rights to her minor child pursuant to Code Section 16.1-283
0712052 Demarr Marqui Harvey v. Commonwealth 06/06/2006
Trial court did not err in finding that the evidence was sufficient to support appellant’s conviction of attempted escape from a correctional facility; appellant’s conviction is affirmed
1685051 Kelly Edward Patterson v. Commonwealth 06/06/2006
This Court holds that the evidence was insufficient to prove beyond a reasonable doubt that appellant constructively possessed the cocaine; appellant’s conviction is reversed and the indictment is dismissed
2022054 Elizabeth Wells Shaw v. Landon Frank Shaw 06/06/2006
Trial court did not err in denying appellant’s petition to relocate, in granting joint legal custody, and in setting the visitation schedule
2471054 Thomas Joseph Goudreau v. Katherine Lynn Goudreau 06/06/2006
Summary affirmance - trial court did not abuse its discretion in modifying the terms of visitation
2670053 Lorne A. Milette v. Haymes Brothers, Inc. and Hartford Fire Insurance Company 06/06/2006
No error in commission’s denial of appellant’s claim for benefits seeking to hold appellees responsible for the cost of total knee replacement surgery
2967044 Ismail Takow, s/k/a Ismail Ahmed Takow v. Commonwealth 06/06/2006
Trial court did not err in denying appellant’s motion to set aside the verdict as appellant’s due process rights were not violated; appellant’s convictions of involuntary manslaughter and reckless driving are affirmed
0049062 Interstate Brands Corporation and Ace American Insurance Company v. Kenneth A. Kinchen 05/30/2006
Summary affirmance – commission did not err in finding that claimant proved his medical treatment and disability were causally related to his compensable injury by accident; award is affirmed
0156061 David F. Mason and Virginia Farm Bureau Fire and Casualty Insurance Company v. Lafayette Finney 05/30/2006
Summary affirmance – no error in commission’s finding that employer failed to sustain its burden of proving that claimant’s claim for benefits was barred by willful misconduct; award is affirmed
0312052 Demetrus D. Baldwin, s/k/a Demetrius Baldwin v. Commonwealth 05/30/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of attempted murder; as the sentence imposed upon appellant for his conviction of attempted murder under Code Sections 18.2-26 and 18.2-32 exceeds the statutory maximum for a Class 4 felony, appellant’s sentence is vacated and this case is remanded to the trial court for resentencing
0437053 Curtis Lee McCollum v. Commonwealth 05/30/2006
Trial court did not err in finding the evidence was sufficient to prove appellant exercised dominion and control over the cocaine; appellant’s conviction is affirmed
0653054 Rodrick Marcell Henderson, s/k/a Roderick Henderson v. Commonwealth 05/30/2006
No error in trial court’s denial of appellant’s motion to suppress his letter of apology as the letter was not obtained by the police through a procedure that violated the appellant’s constitutional rights; appellant’s convictions affirmed
0924052 Derryl (NMN) Thompson v. Commonwealth 05/30/2006
Trial court did not err in denying appellant’s motion to dismiss based upon a statutory speedy trial violation; appellant’s conviction of inflicting bodily injury is affirmed
1097051 Vernon Antonio Wilson v. Commonwealth 05/30/2006
Trial court did not err in denying appellant’s motion to suppress as the post-indictment taking of a DNA sample without notifying counsel did not violate appellant’s Sixth Amendment right to counsel; evidence was sufficient to establish breaking and entering; no error in trial court’s finding the Commonwealth did not violate the pre-trial discovery order; appellant’s convictions are affirmed
1210051 Leroy Stevenson, Jr. v. Commonwealth 05/30/2006
This Court finds appellant waived his Miranda objection to the admissibility of his post-arrest statements; evidence was sufficient to support appellant’s conviction of possession of cocaine with intent to distribute
2179053 Sandra Lee Matsinger Roberts v. Gary Keith Roberts 05/30/2006
Trial court’s order denying wife’s request for a reservation of spousal support and affirming the court’s classification and distribution of the disputed items of property is affirmed
3023051 Dollar Tree Distribution, Inc. and American Zurich Insurance Company v. Steven Michael Durr, Sr. 05/30/2006
Summary affirmance – no error in commission’s finding that appellee’s failure to disconnect trailer brake air lines before pulling away in the tractor he was operating did not constitute willful misconduct; award is affirmed
3027042 Howard Z. Garnett, Jr. v. Commonwealth 05/30/2006
Rehearing En Banc granted
3036054 Commonwealth v. Jayant Kadian 05/30/2006
Trial court erred in granting appellee’s motion to suppress statements he made to police; trial court’s ruling is reversed and the case is remanded to the trial court
0089064 Carlos Andres Arias v. United Masonry of Virginia, Inc. and Twin City Fire Insurance Company 05/23/2006
Commission did not err in finding claimant’s claim for benefits related to his left leg injury was time-barred by Code Section 65.2-601 as claimant’s left leg injury was a primary injury and does not constitute a change in condition pursuant to Code Section 65.2-708
0403054 William Richard Hasson, III v. Commonwealth 05/23/2006
Trial court did not err in admitting testimony concerning the content of a court order; trial court did not abuse its discretion in admitting the fingerprint evidence
0722052 John W. Heywood, a/k/a John Michael Heywood v. Commonwealth 05/23/2006
Trial court did not err in finding the evidence sufficient to convict appellant of contractor fraud under Code Section 18.2-200.1
0926054 Steven J. VanWormer v. Pamela A. VanWormer 05/23/2006
Trial judge did not err in his classifications of the Colorado house and the down payment on the marital home; trial judge abused his discretion in the classification of the marital home by including the post-separation mortgage payments in the determination of separate contributions to the home; matter is remanded to the trial court
2289043 Kelly Jean Fuller v. Commonwealth 05/23/2006
Appeal dismissed for failure to comply with the mandatory provisions of Rule 5A:8 as appellant’s filing of the transcript of the pre-trial suppression hearing was untimely
2446054 Celia W. Watt, Sometimes Known as Celia Weeks v. Fairfax County Department of Family Services 05/23/2006
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her minor child pursuant to Code Section 16.1-283(B), (C)(1), and (C)(2)
2468051 Dennis Gillikin v. Michele Burchett 05/23/2006
Judgment of the trial court reversed as the trial court did not comply with the requirements of Code Section 20-124.3 by failing to communicate to the parties the basis of its decision; case is remanded to the trial court for compliance with the statute
2614052 Medinsights and Lumbermens Mutual Casualty Company v. Sandra L. Kisner 05/23/2006
No error in commission’s conclusion that appellee’s claim for permanent partial disability was not barred by the statute of limitations set forth in Code Section 65.2-708(B)
2807051 Jon C. Carlson v. Valerie A. Wells 05/23/2006
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
1157052 Desmond Darryl Higgs v. Commonwealth 05/16/2006
Trial court did not err in denying appellant’s motion to suppress; appellant’s conviction of possession with intent to distribute marijuana is affirmed
1843052 Richard A. Dickover v. Sharon L. Seaton 05/16/2006
Trial court did not abuse its discretion in denying appellant’s motion to modify a spousal support award based upon changed circumstances; no error in trial court’s award of attorney fees to appellee
2165044 Henry Allen Funkhouser, Jr. v. Commonwealth 05/16/2006
Trial judge did not err in refusing to grant an instruction on assault and battery as no independent evidence warranted a conviction of assault and battery; appellant’s conviction for involuntary manslaughter affirmed
2380054 Jana Shepherd Paugh v. Wayne Bruce Paugh 05/16/2006
Summary affirmance – no error in trial court’s determination that wife failed to demonstrate the agreement was unconscionable or in its granting appellee a final decree of divorce as any error in entering the decree without wife having received proper notice was harmless; no error in trial court’s denial of husband’s motion for attorney’s fees; the remaining issues are procedurally defaulted
2439043 Patricia Ann Justus v. Commonwealth 05/16/2006
Trial court did not abuse its discretion in refusing to allow appellant to withdraw her guilty pleas; this Court holds the Commonwealth did not violate any duty to produce exculpatory evidence; appellant’s convictions affirmed
2938042 Gerard Vernon Morton v. Commonwealth 05/16/2006
Trial court did not err in denying appellant’s motions to suppress both evidence seized pursuant to an anticipatory search warrant and statements made to police before receiving his Miranda rights; appellant’s convictions affirmed
0031062 Rickey Alvin Tucker v. Blue & Gray Transportation Company, LLC and Norguard Insurance Company 05/09/2006
Summary affirmance – commission did not err in finding appellant failed to meet his burden of proving that he was an employee of Blue & Gray Transportation Company, LLC at the time of his accident
0259053 Travis Lavar Totten v. Commonwealth 05/09/2006
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction for attempted robbery; this Court holds that the failure of the indictment to charge the related firearms crime as a second offense was not fatal to appellant’s conviction for that crime; appellant’s convictions of attempted robbery and use of a firearm in the commission of that offense affirmed
0912052 Victor Michael Branche v. Commonwealth 05/09/2006
Trial court did not abuse its discretion in refusing to grant appellant a DNA expert at state expense; appellant’s convictions are affirmed
1118052 Kenneth Leroy Dameron v. Commonwealth 05/09/2006
Trial court did not err in finding that appellant drove in excess of the restrictions on his license; appellant’s conviction for driving after being adjudicated an habitual offender is affirmed
1620053 Angela Tarantini v. Rockbridge County Department of Social Services 05/09/2006
No error in trial court’s conclusion that appellant was not a suitable custodian for the child and that placement with appellant would not be in the child’s best interest
1666053 Toni Ann Tarantini v. Rockbridge County Department of Social Services 05/09/2006
No error in trial court’s termination of appellant’s parental rights; evidence supports the trial court’s conclusion that the department of social services met its burden of investigating placement with a family member and that placement of the child with grandmother was not appropriate
1732054 Arthur J. Scagnelli v. Nancy Hart 05/09/2006
No error in trial court’s award of post-judgment interest at the judgment rate on the child support arrearage established by the final divorce decree
2009052 Vickie Gayle Guthrie v. Thomas E. Redd 05/09/2006
Appeal dismissed as there is no final appealable order addressing appellant’s “Motion for Arrears” and the record on appeal is insufficient to determine whether the trial court erred by terminating appellee’s spousal support obligation
2442051 Minton & Roberson, Inc., et al. v. Michael Anthony Wynter 05/09/2006
Commission did not err in finding the evidence sufficient that claimant cured his unjustified refusal of selective employment, computing the temporary partial disability benefits, and not remanding the case to the deputy commissioner for further factual finding
2851051 Cynthia M. Williams v. Portsmouth Redevelopment & Housing Authority, et al. 05/09/2006
Summary affirmance – commission did not err in finding that appellant’s claim, seeking temporary total disability benefits, was barred by Code Section 65.2-708, because she suffered no additional disability within two years from the date for which benefits were last paid
0004064 Barber & Ross Company and Liberty Mutual Fire Insurance Company v. Mirsad Kajganic 05/02/2006
Summary affirmance – no error in trial court’s finding that appellee sustained a compensable injury by accident and his claim was not barred by his failure to follow medical restrictions
0155054 Matthew J. Lathram v. Commonwealth 05/02/2006
Trial judge did not abuse his discretion by imposing lifetime probation as a condition of sentence suspension; matter remanded to trial court to correct error in the sentence imposed on appellant’s conviction of possession with intent to distribute marijuana as that sentence exceeds the statutory maximum; appellant’s convictions affirmed
0843051 Christopher Allen Williams v. Commonwealth 05/02/2006
Rehearing En Banc granted
1055053 Jamie Lee Fells v. Commonwealth 05/02/2006
Trial court did not err in finding the evidence sufficient to prove appellant was the criminal agent who possessed a firearm while committing a robbery; appellant’s conviction affirmed
1325052 Anthony Lamont Washington v. Commonwealth 05/02/2006
Trial court did not err in finding the evidence sufficient to support appellant’s conviction of felonious obstruction of justice
1876051 Linda Faye Green v. Hampton Department of Social Services 05/02/2006
Trial court did not err in changing the goal of the foster care service plan for appellant’s child to adoption as the department of social services proved, by a preponderance of the evidence, that adoption would be in the best interest of the child
2153042 Juliette Maria Dixon v. Commonwealth 05/02/2006
No error found as evidence established that the trial court had territorial jurisdiction to try appellant for the charged offenses; appellant’s convictions of second-degree murder and stabbing another in the commission of a felony are affirmed
2342042 Carolyn D. Brandt v. Commonwealth 05/02/2006
No reversible error in trial court’s admission of the results of a fire investigator’s experiment that he conducted after the fire; judgment of trial court affirmed
2546043 Chase Jeffery Irvine, s/k/a Chase Jeffrey Irvine v. Commonwealth 05/02/2006
Trial court did not abuse its discretion in admitting expert testimony on gang activity or in failing to set aside the jury’s sentence; appellant’s convictions affirmed
2865054 Walker Seal Companies, Inc. and the Hartford Insurance Company v. Brian R. Hadfield 05/02/2006
Summary affirmance – commission did not err in finding that claimant’s claim for his C5-6 injury was not barred by Code Section 65.2-601 and claimant’s disability and wage loss were causally related to his compensable injury by accident
0704051 Victor Lamont Ridley v. Commonwealth 04/25/2006
Trial court did not err in finding the evidence sufficient to sustain appellant’s convictions for possession of burglarious tools and misdemeanor damage to property; appellant is procedurally barred by Rule 5A:18 from raising his claim for the first time on appeal that the trial court erred in denying his motion to suppress; appellant’s convictions affirmed
1205052 B & H Construction, Inc. and Erie Insurance Exchange v. Harold J. Baker 04/25/2006
Commission did not err in finding that appellee sustained an injury by accident arising out of and in the course of his employment and gave timely notice of his accident to his employer; commission’s decision awarding medical benefits to appellee affirmed
2156054 Sherwin Williams Company v. Jason M. England 04/25/2006
Commission erred in denying appellant’s applications to suspend the benefits of appellee as appellee obstructed independent medical examinations without justification; award is reversed
2587053 Barbara Brown v. Roanoke City Department of Social Services 04/25/2006
Summary affirmance - as the trial court terminated appellant’s parental rights pursuant to Code Section 16.1-283(C)(2) only, appellant’s claim on appeal based on Code Section 16.1-283(B) will not be addressed
2788043 Curtis Wayne King v. Commonwealth 04/25/2006
Trial court did not err in admitting the challenged testimony over appellant’s state hearsay objection; this Court holds that the ends of justice exception does not apply to appellant’s Confrontation Clause claim; appellant’s convictions affirmed
3082051 Commonwealth v. Michael Shayne Brown 04/20/2006
Trial court erred in suppressing a redacted version of a report prepared by a Sexual Assault Nurse Examiner as the redacted report does not violate appellant’s Sixth Amendment rights; trial court’s decision reversed and matter remanded to trial court
0226051 Carlos Demaron Brown v. Commonwealth 04/18/2006
Trial court did not err in its pretrial ruling as to the admissibility of the 911 tape and in denying appellant’s motion to strike the evidence; trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and in ordering a portion of those sentences be served consecutive to his sentence for the attempted armed robbery
0276051 Rodney Hillard v. Commonwealth 04/18/2006
Trial court’s use of a penalty phase verdict form that precluded the jury from making a finding that appellant’s conviction for use of a firearm was a second or subsequent conviction was harmless error; appellant’s sentence is affirmed
0457054 Keith M. Ellis v. Commonwealth 04/18/2006
No error in trial court’s denial of appellant’s motion to sever the charge of possession of a firearm by a felon from the charges of brandishing a firearm
1137054 Dorothy D. Tobin v. Richard J. Tobin 04/18/2006
Trial court did not err in denying appellant’s procedural motions, in concluding that an issue was mature for decision without an evidentiary hearing, in determining that language in a qualified domestic relations order was not ambiguous, and in interpreting that language
2804051 Larry Dean Staples v. Terri Morgan Staples 04/18/2006
Appellant did not preserve under Rule 5A:18 argument raised on appeal
2811042 Garrett E. Mushaw v. Commonwealth 04/18/2006
Trial court did not err in finding the evidence was sufficient to prove appellant knowingly made a false statement on his application for public assistance; appellant’s conviction is affirmed
0744054 Bernard L. Lewis v. Commonwealth 04/11/2006
Trial court did not err in denying appellant’s motion to strike the evidence and permitting the Commonwealth to reopen its case; appellant’s conviction of possession of cocaine affirmed
1608054 Sharon Kay Fisher v. James Ray Fisher, Jr. 04/11/2006
Trial judge did not err in ruling that the agreement did not contain surplusage, that the agreement was unambiguous, and that an award of attorney’s fees was an appropriate sanction under a rule to show cause
1801054 Dena Lynne Williams v. Michael Lee Williams 04/11/2006
Trial court did not abuse its discretion by granting an extension of time within which appellee could purchase the marital home; trial court had jurisdiction to act and properly exercised its discretion
2219051 Carl Doug Noce v. Lynn Morelle Canada Noce 04/11/2006
Summary affirmance – trial court did not err in refusing to award appellant a divorce on the ground of wife’s adultery, in awarding spousal support to wife, and by failing to give husband credit for his post-separation payments towards the second mortgage on the marital residence
2455054 William R. Armstrong, III v. Patricia J. Hoover, f/k/a Patricia Hoover Armstrong 04/11/2006
Summary affirmance – trial judge did not abuse her discretion in selecting the school for the minor child; trial judge acted within her discretion under Code Section 20-108
2935042 Wesley W. Lewis v. Commonwealth 04/11/2006
Trial court did not err in denying appellant’s motion in limine to prevent the Commonwealth from introducing evidence of a separate robbery attempt for the purpose of establishing appellant’s identity as the perpetrator of the three robberies for which he was charged
2993054 Blueprint Technologies and Twin City Fire Insurance Company v. Susan A. Nelson 04/11/2006
Summary affirmance – commission did not err in finding that appellee cured her unjustified refusal of medical treatment; commission’s award is affirmed
3027042 Howard Z. Garnett, Jr. v. Commonwealth 04/11/2006
Trail court erred in denying appellant’s motion for a new trial based on the Commonwealth’s failure to disclose statements given by the victim to the police as the statements were exculpatory and could have been used to impeach the victim’s credibility at trial; appellant’s convictions reversed and matter remanded for a new trial
1353052 Sprint Corporation and American Casualty Company v. Jennifer Brooks 04/04/2006
Commission did not err in granting appellee permission to return to and resume treatment from her treating physician as res judicata did not bar the commission from considering appellee’s application for ongoing medical treatment and appellee proved her need for continued medical treatment was causally related to her injury by accident
2075053 Tony L. King v. Carroll County Department of Social Services 04/04/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(B), (E)(iii) and (E)(iv) and establishing that the termination of appellant’s residual parental rights was in the best interests of the children
2314051 Newport News Shipbuilding and Dry Dock Company v. Mary Gertrude Holmes 04/04/2006
No error in commission’s decision holding that employer had not paid claimant 500 weeks of wage loss compensation benefits pursuant to an award under the Virginia Workers’ Compensation Act as employer’s payments to claimant under the federal LHWCA were voluntary and could not be taken into account when calculating the total amount of claimant’s compensation benefits under the Virginia Act
2415053 Tony L. King v. Carroll County Department of Social Services 04/04/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(B), (E)(iii) and (E)(iv) and establishing that the termination of appellant’s residual parental rights was in the best interests of the children
2423054 Robert E. Soderstrom v. Eilleen Maloney 04/04/2006
Summary affirmance – trial court did not abuse its discretion by modifying rather than terminating appellee’s award of spousal support
2668051 Commonwealth of Virginia v. Dorothy Vinetta Briggs 04/04/2006
Trial court erred in finding that the officers could not ask questions regarding drug paraphernalia without first giving Miranda warnings and that the officers did not have reasonable suspicion to conduct an investigatory stop; trial court’s decision granting the motion to suppress is reversed and the case is remanded to the trial court
2854054 Magic Pan International, Inc. and Vigilant Insurance Company v. Dorothy Lucille Robertson 04/04/2006
Summary affirmance – commission did not err in finding that appellee proved certain medical expenses associated with her treatment were causally related to her compensable back injury
2979052 C.E. Thurston & Sons, Inc. and First Liberty Insurance Corporation v. Franklin K. Land 04/04/2006
Summary affirmance – no error in commission’s finding that appellee adequately marketed his residual work capacity
0597052 Wilbur Alphonso Clay v. Commonwealth 03/28/2006
Trial court did not err in denying appellant’s motion to suppress a photograph of him taken by a police officer and in admitting evidence of the victim’s identification of him in a pretrial photo lineup
0750051 Vassar L. Cokley, Jr., s/k/a Vassar Leon Cokley, Jr. v. Commonwealth 03/28/2006
Trial court did not err in denying appellant’s motion to strike the evidence and in finding him guilty of possession of cocaine with intent to distribute as the evidence was sufficient to sustain the conviction
0931051 Antonio Wilson v. Commonwealth 03/28/2006
Trial court did not abuse its discretion in imposing restitution in the amount of $15,000 to the insurance company as the Commonwealth provided sufficient evidence of the actual amount of loss sustained by the insurance company
1244051 Trinell Lorenzo Bowen v. Commonwealth 03/28/2006
Appellant’s conviction under Code Section 18.2-308.2 did not violate his constitutional right to due process as appellant failed to prove that his parole officer affirmatively assured him that the conduct that gave rise to his conviction was lawful; trial court did not err in ruling it no longer had jurisdiction to consider appellant’s motion for bond pending appeal
1302051 Lorrie A. Lutes v. Virginia Beach Department of Human Services 03/28/2006
Trial court did not err in terminating appellant’s residual parental rights to her minor son under Code Section 16.1-283(C)(2) as the department of human services presented clear and convincing evidence that the termination of appellant’s parental rights was in the child’s best interests
1459052 Joseph Wayne Suggs v. Suggs Carpet Installation and Hartford Casualty Insurance Company 03/28/2006
Commission did not err in allowing employer to reduce payments of claimant’s future compensation and medical benefits pursuant to Code Section 65.2-313, until employer recoups the gross recovery obtained by claimant as a result of a third-party settlement and in finding that employer is not responsible for the cost of a hot tub installed at claimant’s residence
2395043 James Edward Bayne v. Commonwealth 03/28/2006
No error in the trial court’s finding that the evidence was sufficient to prove appellant guilty of improper driving as proscribed by Code Section 46.2-869
2751041 Phillip Leversa Coleman v. Commonwealth 03/28/2006
Trial court did not err in finding the evidence sufficient to prove appellant constructively possessed cocaine; appellant’s conviction of possession of cocaine with intent to distribute is affirmed
2776051 Dominion Virginia Power v. Raymond Warren 03/28/2006
Summary affirmance – commission did not err in finding appellee proved that his back problems were a compensable consequence of his injury by accident to his right knee injury, his disability was causally related to the injury by accident, and his treatment was employer’s responsibility
2866052 Virginia Linen Service and Liberty Mutual Insurance Company v. John W. Wise, Jr. (Deceased), et al. 03/28/2006
Summary affirmance – commission did not err in finding that appellees were not precluded pursuant to Code Section 65.2-306 from recovering benefits under the Workers’ Compensation Act based upon the deceased’s alleged willful misconduct in failing to use a safety harness and the “buddy system”
2879041 Sharrieff Muhammad v. Commonwealth 03/28/2006
Trial court did not err in finding that the evidence was sufficient to sustain appellant’s conviction of possession with the intent to distribute heroin
0394052 Travis Dareyll Ford v. Commonwealth 03/21/2006
Trial court did not err in denying appellant’s Batson challenge to the Commonwealth’s exercise of its peremptory strikes and in denying his motion to strike the abduction charge as the evidence was sufficient to support his conviction
0608051 Justin L. Lunceford v. Commonwealth 03/21/2006
Trial court erred in finding an intent to distribute; appellant’s conviction of possession with intent to distribute cocaine is reversed and case remanded for entry of an order finding the appellant guilty of possession of cocaine and for re-sentencing on the lesser-included offense
0695051 Keith McKinley White v. Commonwealth 03/21/2006
Trial court did not err in denying appellant’s motion to suppress by finding the search was based upon probable cause and in finding the evidence sufficient to convict him of possession of cocaine with the intent to distribute
1468054 Samuel Shipkovitz v. H. James Hansen 03/21/2006
No abuse of discretion in commission’s division of attorneys’ fees
1875052 James Edwin McKinnon v. Michelle Atkinson Wood McKinnon 03/21/2006
Trial court’s decision to accept the commissioner’s factual finding rejecting appellee’s dissipation claim and his recommendation against an award of attorney’s fees to appellee affirmed; trial court’s decision to adopt the commissioner’s recommendation to treat the “Fidelity New Millennium Fund” as marital property subject to an equitable distribution award reversed and matter remanded
2317051 John Hargrove v. City of Hampton Department of Social Services 03/21/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to his daughter and approving an amendment of the foster care plan to authorize her adoption
2318051 John Hargrove v. City of Hampton Department of Social Services 03/21/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to his daughter and approving an amendment of the foster care plan to authorize her adoption
2417052 CVS Virginia Distribution, Inc. and CVS Corp./GAB Robins North America, Inc. v. Joyce B. Owens 03/21/2006
Summary affirmance – commission did not err in finding that claimant proved that her disability and medical treatment were causally related to her compensable injury by accident and that she was totally disabled
2543052 Clarence Henry Scott, Jr., et al. v. Charlotte County Department of Social Services 03/21/2006
Appellants’ failure to challenge the terminations of their parental rights under Code Section 16.1-283(C) and (E) renders moot their claims regarding the terminations under Code Section 16.1-283(B); trial court’s decisions to terminate appellants’ parental rights are affirmed
2619054 Ian Douglas Brown v. Rosa Ines B. Brown 03/21/2006
Summary affirmance – no error in trial court’s decision to award sole legal custody and primary physical custody with mother; pursuant to Rule 5A:18, father waived his argument that the court failed to consider the factors enumerated in Code Section 20-124.3 or that the court failed to inform the parties of the basis of its decision
0771051 Monica Avis Whitehead v. Commonwealth 03/14/2006
Trial court did not err in convicting appellant of second-degree murder as the evidence was sufficient to conclude that appellant was a principal in the first degree
0775051 Antonio Johnson, s/k/a Antonio Howard Leon Johnson v. Commonwealth 03/14/2006
Trial court erred in finding that the juvenile record presented to it complied with the requirements of Code Section 19.2-307 as the record was insufficient to prove beyond a reasonable doubt that appellant previously had been convicted of a delinquent act that would have been a felony if convicted by an adult; judgment is reversed and the charge is dismissed
0843051 Christopher Allen Williams v. Commonwealth 03/14/2006
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; the evidence is sufficient to sustain appellant’s conviction of possession of a firearm by a felon
1199051 Mansur Rahnema v. Shahla Rahnema 03/14/2006
Error in part in the trial court’s equitable distribution award; judgment is affirmed in part, reversed in part, and remanded to the trial court
1265052 Ruby Morris Fowler v. Clyde M. Fowler 03/14/2006
Trial judge erred in finding the evidence insufficient to determine the marital share of appellee’s monthly pension benefits; that part of the judgment distributing the marital property is reversed and the case is remanded to the trial court for reconsideration
2579041 Lauriston Eugene McPherson v. Commonwealth 03/14/2006
No reversible error in trial court’s refusal to instruct the jury on accommodation in the conspiracy charge as any error regarding the proposed accommodation instruction was harmless; appellant’s convictions affirmed
2674052 Alphonzo Taylor, Sr. v. Pocahontas Correctional Unit #13/Commonwealth 03/14/2006
Summary affirmance – commission did not err in terminating appellant’s award of compensation benefits
2874042 Donald L. Thornburgh, II v. Commonwealth 03/14/2006
Trial court did not err in finding the evidence was sufficient to convict appellant of unlawful wounding and in rejecting appellant’s claim of self-defense; appellant’s conviction affirmed
0041051 Larry Martin Hayes v. Commonwealth 03/07/2006
Trial court did not err in denying appellant’s motion to suppress as appellant’s encounter with police was consensual; appellant’s convictions for possession of a firearm by a convicted felon and possession with intent to distribute affirmed
0175052 Jerome Artis, Jr. v. Commonwealth 03/07/2006
Trial court did not abuse its discretion in revoking a portion of appellant’s suspended sentence as evidence was sufficient to permit a finding that appellant failed to satisfy the good behavior condition of his suspended sentence, and to show appellant had adequate notice that his actions could result in revocation
0426052 Judith Marie Scott v. Commonwealth 03/07/2006
Trial court did not err in finding the evidence sufficient to prove appellant constructively possessed the cocaine; appellant’s conviction for possession of cocaine affirmed
0783051 Tyrone Philmore Harsley v. Commonwealth 03/07/2006
Trial court did not err in finding the evidence was sufficient to convict appellant of possession of cocaine with the intent to distribute
0964052 William Micus v. Dorothy Mitchell 03/07/2006
Trial court did not err in awarding custody of appellant’s minor child to her paternal grandmother, in finding that grandmother was a "person with a legitimate interest," and in denying grandmother’s motion for child support; trial court erred in failing to award grandmother attorney’s fees; matter remanded to trial court to determine issue of attorney’s fees
1178044 Javiel Mejia-Martinez v. Commonwealth 03/07/2006
Trial court’s admission of selected hearsay statements the victim made to a police officer was harmless and did not implicate or violate the Confrontation Clause of the Sixth Amendment; trial court did not err in finding the evidence was sufficient to support appellant’s conviction of rape
1218053 Virginia Birth-Related Neurological Injury Compensation Program v. Allen McGrady, et al. 03/07/2006
Commission did not err in qualifying the infant to receive funds from the Virginia Birth-Related Neurological Injury Compensation Program as evidence was sufficient to prove that the infant has both a permanent motorical disability and a developmental disability, and will need assistance in all activities in daily living, as required by Code Section 38.2-5001
2017042 John Johnson, a/k/a John Junior Johnson v. Commonwealth 03/07/2006
Trial court erred in prohibiting appellant from thoroughly cross-examining the Commonwealth’s cooperating witness, and in admitting hearsay evidence; this Court reverses the judgment of the trial court with respect to the ten convictions embraced by this opinion and the case is remanded
2856042 Calvin Taylor v. Commonwealth 03/07/2006
No error in trial court’s denial of appellant’s motion to suppress as the seizure and search that led to the discovery of marijuana on his person were reasonable; appellant’s conviction for possession of marijuana with intent to distribute affirmed
1873053 Lorisa F. Willis v. Harrisonburg Rockingham Social Services District 02/28/2006
Trial court did not err in terminating appellant’s parental rights to her two children as HRSSD proved by clear and convincing evidence that appellant’s parental rights should be terminated pursuant to Code Section 16.1-283(B) and (C)(2) and that the termination of appellant’s parental rights was in her children’s best interests
1874053 Lorisa F. Willis v. Harrisonburg Rockingham Social Services District 02/28/2006
Trial court did not err in terminating appellant’s parental rights to her two children as HRSSD proved by clear and convincing evidence that appellant’s parental rights should be terminated pursuant to Code Section 16.1-283(B) and (C)(2) and that the termination of appellant’s parental rights was in her children’s best interests
2076051 Derrick Horton v. City of Hampton Department of Social Services 02/28/2006
Summary affirmance – trial court did not err by changing the permanency planning order goal to adoption and refusing to adopt the proposed concurrent goal of placement with relative
2405054 Kathryn J. Skogg v. Atlantic Coast Airlines Holdings, Inc., et al. 02/28/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained a compensable injury by accident
2466052 Sophia L. Banks v. Dillwyn Correctional Center/Commonwealth 02/28/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
2511043 Shawn Orlando Hubbard v. Commonwealth 02/28/2006
Trial court did not abuse its discretion in admitting expert testimony on gang culture into evidence; appellant’s convictions affirmed
2556044 Kimberly M. Mattingly v. Daniel T. McCrystal 02/28/2006
Trial court did not err in entering the final amended custody and visitation decree which was based on the terms of the oral agreement; trial court did not err in entering the decree even though it varied slightly from the terms of the oral agreement recited before the court
2765042 Samantha Leigh Thomas v. Commonwealth 02/28/2006
Trial court did not err by failing to exclude evidence of appellant’s participation in a subsequent, similar burglary on the same night, and in finding the evidence sufficient to prove she was guilty of burglary; appellant’s conviction of statutory burglary affirmed
1231052 Stuart Lee Harris v. Judy Ballance Harris 02/21/2006
Trial court did not err in classifying the condominium as transmuted marital property and in dividing the property between the two parties; trial court erred by refusing to update the valuation of the condominium; this case is remanded to the trial court to redetermine the value of the condominium
1592044 Malcolm Parker v. Commonwealth 02/21/2006
Rehearing En Banc granted
1707053 Randall Lee Patterson v. Valley Proteins, Inc. and Royal Indemnity Company 02/21/2006
Commission did not err in denying appellant’s claim for benefits as the evidence was sufficient to support the commission’s findings that appellant violated Code Section 46.2-830 by using the shoulder of the highway for a non-emergency, that this violation was willful, and that it was the proximate cause of his accident
1747041 James Reid Boggs, Jr. v. Commonwealth 02/21/2006
Trial court did not err in admitting testimony by the police regarding other crimes committed by appellant’s accomplices as appellant waived his objection to the admission of that evidence; appellant’s convictions affirmed
2640051 Naomi Mitchell Tucker v. Randstad Staffing Services, Inc. and Ace American Insurance Company 02/21/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove her alleged low back, pelvis, right hip, left rib, and left leg problems were causally related to her compensable injury by accident, that she was disabled as a result of her compensable work accident, and that she was entitled to a change in treating physicians
2912044 William G. Steakley v. Eileen R. Steakley 02/21/2006
Trial court did not err by classifying the personal injury settlement proceeds received by husband as marital property; the remaining issues are procedurally defaulted
0047054 Tarun Batra v. Julia B. Batra 02/14/2006
Upon rehearing en banc, this Court reverses the trial judge’s denial of the husband’s request for attorney’s fees expended in connection with wife’s challenge to the parties’ property settlement agreement; matter remanded to trial judge to fix the amount of the husband’s reasonable attorney’s fees
0370051 David S. Kantor v. Sheryl J. Kantor 02/14/2006
Trial court did not err in determining husband’s monthly income, in determining that husband failed to show a material change in circumstances sufficient to warrant a reduction in his spousal support obligation and in granting wife attorney’s fees and costs
0742054 Scott Allen McNamara v. Carol Richter McNamara 02/14/2006
Summary affirmance – trial court did not abuse its discretion by awarding spousal support to wife for an undefined duration
0960051 Torrence L. Banks v. Commonwealth 02/14/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s convictions of possession of heroin with the intent to distribute and conspiracy
1150051 Patrick H. Poziombke v. Sharon M. Poziombke 02/14/2006
Trial court did not err in finding that the provisions of a divorce decree dealing with appellant’s military pension are not void ab initio under the Uniformed Services Former Spouses Protection Act
1785051 George Jeffrey Versprille v. Elizabeth Ann Greenwood Versprille 02/14/2006
Trial court did not err in imputing monthly income to appellant for purposes of determining child support, in determining that the pre-school fee paid by appellee for the parties’ daughter was a work-related child-care cost and in awarding attorney’s fees and costs to appellee
2108052 Tamara Sutton Viar v. Chesterfield – Colonial Heights Department of Social Services 02/14/2006
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her two minor children pursuant to Code Section 16.1-283
2545053 Miguel L. Rivera v. Holley S. Yates, Zoning Administrator for Campbell County 02/14/2006
Summary affirmance - appellant did not preserve under Rule 5A:18 argument raised on appeal
0236051 Brandon Murray, s/k/a Brandon J. Murray v. Commonwealth 02/07/2006
Trial court did not err in finding the evidence was sufficient to prove that appellant possessed cocaine with intent to distribute
1165044 Hugo Alberto Sandoval v. Commonwealth 02/07/2006
Trial court did not err in permitting the Commonwealth to proceed on the amended charge of carnal knowledge after the court had previously granted appellant’s motion to strike on the original charge of animate object sexual penetration as the trial court’s granting of appellant’s motion to strike did not fully acquit appellant or dismiss the indictment
1347054 Ok Soon Lee Kim, s/k/a Ok Soon Lee-Kim v. Fairfax County 02/07/2006
Summary affirmance – trial court erred in finding the evidence was sufficient to support appellant’s conviction of administering a massage without a permit as Fairfax County failed to prove that appellant performed a massage for compensation; appellant’s conviction reversed and warrant dismissed
1844051 Christopher E. Willis v. City of Portsmouth Department of Social Services 02/07/2006
Summary affirmance - no error in trial court’s decision to terminate appellant’s residual parental rights to his minor daughter as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(1)
1956042 William James Correia v. Commonwealth 02/07/2006
Trial judge did not err by denying appellant’s motion to suppress the evidence resulting from a search by a police officer as appellant consented to the search, the officer lawfully obtained the evidence
2186053 Heather Nicole Arthur v. Campbell County Department of Social Services 02/07/2006
Summary affirmance – no error in trial court’s decision to terminate appellant’s residual parental rights to her minor son as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(B) and (C)(2) and establishing that the termination of appellant’s residual parental rights was in the best interest of her son
2542042 Anthony Stevenson, s/k/a Anthony J. Stevenson v. Commonwealth 02/07/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of animate object sexual penetration; this Court cannot address the merits of appellant’s claim that the trial court erred by excluding relevant evidence as the appellant did not proffer the evidence that he claims was erroneously excluded
2722041 Atiya T. Wooden v. Commonwealth 02/07/2006
Trial court did not err in finding the evidence was sufficient to convict appellant of selling heroin and in admitting the heroin into evidence
3010042 Donny Lynn Sprouse, Sr. v. Commonwealth 02/07/2006
Trial court did not err in finding the evidence was sufficient to convict appellant of attempted malicious wounding
0856054 Scott Reynolds McMartin v. Mary Reynolds McMartin 01/31/2006
Trial court did not err in imputing an annual income of $120,000 to appellant for purposes of determining his support obligations and in determining the spousal support award; trial court applied the wrong standard in deciding not to deduct from husband’s gross income the amount he was actually paying in child support for his other children; child support award reversed and matter remanded
0865052 Jason Daniel Kendrick v. Commonwealth 01/31/2006
Trial court did not err in finding that the evidence was sufficient to sustain appellant’s conviction for use of a firearm during the commission of a robbery
2215042 Charles Welford Thomas, Jr. v. Commonwealth 01/31/2006
Trial court did not err in denying the jury instruction on the lesser-included offense of assault and battery as there is no of evidence that appellant did not intend to maim, disfigure, disable, or kill the victim
2300051 The Picture People and Royal Indemnity Company v. Aubrey A. Rachel 01/31/2006
Summary affirmance – no error in commission’s finding that claimant was not guilty of fraud justifying the termination of her outstanding award of temporary partial compensation and the deputy commissioner’s failure to grant employer’s motion to strike claimant’s defenses based upon her failure to properly respond to discovery was not an abuse of discretion and constituted harmless error
0481051 Talmadge Baxter v. Deborah Baxter 01/24/2006
Trial court erred by failing to determine whether appellant waived his right to a trial by jury; appellant’s criminal contempt conviction is reversed; matter remanded to trial court
0621053 Julie K. Overcash v. Jesse L. Overcash 01/24/2006
Trial court did not err in ordering appellant to reimburse appellee for an overpayment from appellee’s federal thrift savings plan as the trial court possessed the statutory authority to enter the order so as to effectuate the original intent of the parties as expressed in the separation agreement
1377054 David C. Neveln v. Elaine M. Neveln 01/24/2006
Trial court did not err in exercising jurisdiction over the issue of the equitable distribution of appellant’s pension; trial court adequately addressed all of the factors set forth in Code Section 20-107.3
1688054 Eric Clark Fravel v. Jennifer Lynn Fravel 01/24/2006
Summary affirmance – trial court did not err in awarding appellee custody of the parties’ minor child
1703052 Phyllis Arrington v. Richmond Department of Social Services 01/24/2006
Summary affirmance – trial court did not err in approving the goal of adoption and terminating appellant’s parental rights to her children pursuant to Code Section 16.1-283(C)(2)
1742054 Michael Wayne Miller v. Page County Department of Social Services 01/24/2006
Summary affirmance - trial court did not abuse its discretion by denying appellant’s motion to discharge his guardian or to require him to withdraw as counsel and in refusing appellant’s motion for a continuance in order to obtain the presence of missing witnesses
1828052 Samuel L. Baker, Jr. and Debra Kaye Baker v. Frederick County Department of Social Services 01/24/2006
Summary affirmance – trial court did not err in ordering the termination of appellants’ parental rights to their son and daughters as the department of social services satisfied its duty under Code Section 16.1-283(A) to investigate and present evidence of the suitability of the children’s relatives as possible custodians
2322054 Giant Food, Inc. and Ahold USA Holdings, Inc. v. Mary Norton Sanderson 01/24/2006
Summary affirmance – commission did not err in ruling that appellee proved she sustained a compensable injury by accident that materially aggravated her pre-existing back injury and awarding her temporary total disability benefits and medical benefits
2398041 Wayne Anthony Hunt v. Commonwealth 01/24/2006
Appellant’s right to a speedy trial was not violated as the continuance granted by the trial court tolled the statutory speedy trial period; appellant’s convictions affirmed
2918041 Eric C. Blackmon, s/k/a Eric D. Blackmon v. Commonwealth 01/24/2006
Summary affirmance - trial court did not err in convicting appellant of felony child neglect as the evidence was sufficient to support his conviction
1011052 Tanicka Nicole Holmes v. Department of Social Services, City of Richmond 01/17/2006
Trial court did not err in holding that the department of social services satisfied its duty to investigate the children’s maternal aunt as a possible custodian; trial court gave consideration to aunt as a placement option in accordance with the mandate of Code Section 16.1-283(A)
1863044 Mohammed Mike Sbitan v. Commonwealth 01/17/2006
No error found as there was sufficient credible evidence from which the jury could reasonably have concluded that appellant knowingly possessed the stolen items, and was guilty of larceny of those items
2019043 Melvin Cornell Dodson v. Commonwealth 01/17/2006
This Court does not address the merits of this appeal as the appellant did not address his argument and authority to Code Section 19.2-128(B), the specific statute cited by the court in support of its ruling under which he was convicted
2054053 Goodyear Tire & Rubber Company and Liberty Insurance Corp. v. Bryant O. Covington 01/17/2006
Summary affirmance – commission did not err in ruling that appellee proved he sustained an injury by accident and that employer is responsible for appellee’s treatment
2132053 Bryant O. Covington v. Goodyear Tire & Rubber Company and Liberty Insurance Corp. 01/17/2006
Summary affirmance – commission did not err in ruling that appellant was under light duty restrictions, and that he did not adequately market his residual work capacity
2424053 Brandy Wimmer v. Roanoke City Department of Social Services 01/17/2006
Summary affirmance –as the trial court’s termination of appellant’s parental rights under Code Section 16.1-283(E) was amply supported by the record, this Court does not address appellant’s argument that the trial court erred in terminating her rights under Code Section 16.1-283(C)(2); termination of appellant’s parental rights affirmed
0677051 Angela Denise Slade v. City of Hampton Department of Social Services 01/10/2006
Circuit court did not err in terminating appellant’s residual parental rights to her son pursuant to Code Section 16.1-283(E)(i) and approving an amendment of the foster care plan to authorize his adoption
1407054 Virginia Birth-Related Neurological Injury Compensation Program v. Monica C. Long, etc. 01/10/2006
Commission did not err in its award of benefits and expenses as the evidence was sufficient to invoke the presumption that the child’s injury occurred during labor and delivery
1592044 Malcolm Parker v. Commonwealth 01/10/2006
Trial judge erred by denying appellant’s motion to strike the evidence as the evidence failed to prove money was exchanged in reliance on a false statement of present or past fact; as the evidence failed to establish the elements of the offense, appellant’s conviction of obtaining money by false pretenses is reversed
1913052 Leon S. McCree v. English Construction Company, Inc. and First Liberty Insurance Corp. 01/10/2006
Summary affirmance - commission did not err in finding that appellant failed to prove that he injured his neck and shoulder in his compensable injury by accident, and denied his claim for disability benefits on the ground that he refused an offer of selective employment
2031051 John D. McPhatter v. Norfolk (City of) Sheriff’s Office 01/10/2006
Summary affirmance – commission did not err in finding that appellee rebutted the presumption contained in Code Section 65.2-402, because it proved that occupational stress did not cause claimant’s heart condition and that there was a non-work-related cause of the heart attack, and that claimant failed to prove that his heart attack, if compensable, aggravated his psychological problems
0304051 Dennis E. Lyons v. Newport News Shipbuilding and Dry Dock Company 12/28/2005
Commission did not err in holding that employer was entitled to a credit for payments made under a de facto award under the State Act but erred in allocating that credit to the subsequent rather than concurrent period of disability
0400053 Kimberly L. Evans v. Stuart N. Evans 12/28/2005
Trial court did not err in awarding primary physical custody of parties’ daughter to appellee after considering and weighing the evidence
0687054 Loudoun Hospital Center v. Robert B. Stroube, M.D., M.P.H., et al. 12/28/2005
Court is without jurisdiction to entertain this appeal as the order appealed from is an interlocutory order which does not adjudicate the principles of the cause; this appeal is dismissed without prejudice
1188053 Marshalls, Inc. et al. v. Alice M. Deane 12/28/2005
Commission did not err in finding that claimant suffered an injury by accident and that injury caused her left hand tendonitis
2682041 Walter Lee Dupree, Jr. v. Commonwealth 12/28/2005
No reversible error in trial court’s refusal to allow appellant to impeach his own witness with a prior inconsistent statement regarding shooter’s clothing where three eyewitnesses based their identification of appellant on face recognition not clothing
0359051 Kenneth W. Foley v. Donna L. Foley 12/20/2005
Trial court erred in its interpretation of the provisions of a property settlement agreement dealing with pension and retirement plans and entered a qualified domestic relations order inconsistent with the substantive provisions of the final decree of divorce incorporating the property settlement agreement; matter remanded
0855051 Berard Harrison v. Cecelia Hardee, f/k/a Cecelia Harrison 12/20/2005
Trial court did not err in construing the term “comparable” in the property settlement agreement, finding wife did not waive provisions of the property settlement agreement, and ordering payment of more costly premiums than those existing at the time of execution of the property settlement agreement
1094053 Jeffrey S. Compton v. Virginia Department of Corrections 12/20/2005
This appeal is rendered moot as the circuit court’s order of re-instatement has been reversed for the reasons set forth in Virginia Department of Corrections v. Jeffrey Compton
1360053 Inner Finish Systems, Inc. and Firemens Insurance Company of Washington, DC v. Jonathan J. Queen 12/20/2005
Commission did not err in determining that appellee suffered an injury by accident arising out of and in the course of his employment as credible evidence supports the commission’s determination that appellee suffered a sudden mechanical or structural change during the course of an automobile accident
1787043 Teddy O. Lawless, s/k/a Teddy Odell Lawless v. Commonwealth 12/20/2005
Trial court did not err in finding the evidence sufficient to prove appellant continued to deposit additional waste tires on the property and had over five hundred tires on his property without having a permit
1837054 Mark Richard Robinson v. Carmen Cecilia Robinson 12/20/2005
Summary affirmance – trial court did not err by denying appellant’s motions concerning the commissioner and by ordering that the proceeds of the sale of the marital home were divided equally between the parties, with deductions taken from appellant’s amount for monies he owed appellee
2078052 Darlene Johnson v. County of Chesterfield Department of Social Services 12/20/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to her minor sons pursuant to Code Section 16.1-283(C)(2) as the department of social services presented clear and convincing evidence satisfying the statutory requirements
2098052 Darlene Johnson v. County of Chesterfield Department of Social Services 12/20/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to her minor sons pursuant to Code Section 16.1-283(C)(2) as the department of social services presented clear and convincing evidence satisfying the statutory requirements
2114052 Abraham Aleman-Antunez (Deceased), et al. v. Jeffrey S. Riddle and Montgomery Insurance Company 12/20/2005
Summary affirmance – commission did not err in ruling that Aleman did not qualify as a parent in destitute circumstances under Code Section 65.2-515(A)(4)
2402043 Gary Fredrick Lovell, s/k/a Gary Frederick Lovell v. Commonwealth 12/20/2005
Trial court did not abuse its discretion in failing to strike a juror for cause as the juror ultimately indicated that he could be impartial
2813041 Donald Joseph Conley v. Commonwealth 12/20/2005
Trial court did not err in admitting into evidence two prior DUI conviction orders as the district court conviction orders offered by the Commonwealth were properly authenticated and were admissible under the statute as prima facie evidence of appellant’s two prior DUI convictions
2956043 Stanley Dion Tate v. Commonwealth 12/20/2005
Appellant is procedurally barred from arguing that the evidence was insufficient to support his conviction for voluntary manslaughter as appellant asked that the jury be instructed on that offense; appellant’s conviction for voluntary manslaughter is affirmed
0507053 Bernice Canter v. City of Bristol Department of Social Services 12/13/2005
Summary affirmance - trial court did not err in terminating appellant’s parental rights to two minor children and in finding that such termination was in the best interests of the children
0830052 Junius Nelson, Jr. v. Genoveve Hines Nelson 12/13/2005
Summary affirmance - trial court did not err in sustaining appellee’s objections to appellant's attempt to introduce certain equitable distribution evidence and failing to consider appellee’s 401-k and pension plans in its equitable distribution determination
1121054 Stephen R. Preston v. Roberta Marie Preston 12/13/2005
Summary affirmance - appellant did not preserve under Rule 5A:18 arguments raised on appeal
1393052 Mary P. Waldemar v. Virginia Employment Commission, Pharmaceutical Research Associates, et al. 12/13/2005
Summary affirmance – commission did not err in disqualifying appellee from unemployment benefits for voluntarily quitting without good cause and not allowing appellant’s husband to testify
1430051 Commonwealth v. Brandon Wayne Whitehurst 12/13/2005
Trial court did not err in granting appellee’s motion to suppress evidence as the officers had no legal right to enter appellee’s residence
2016054 American Red Cross v. Sandy J. Wallace 12/13/2005
Summary affirmance – no error in commission’s finding that appellee proved she made a good faith and adequate effort to market her residual work capacity
2019054 Dynalectric Company and Ace American Insurance Company v. Tariq Saahir 12/13/2005
Summary affirmance – no error in commission’s finding appellee proved he sustained a compensable injury by accident
2073053 Fern Harrison t/a H & S Builders v. Frank H. Hartwick 12/13/2005
Summary affirmance – commission did not err in ruling that employer was subject to the commission’s jurisdiction
2226043 Joseph Edison Bridges v. Commonwealth 12/13/2005
This Court cannot consider appellant’s argument that the trial court is without authority to assess the victim’s funeral expenses as restitution as expenses were assessed as court costs
2535041 Vanessia Northover v. City of Hampton Department of Social Services 12/13/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to her son; trial court did not abuse its discretion by determining the changes in foster care plans were in the best interests of the children
2622041 Saul Ortiz, Sr. v. City of Hampton Department of Social Services 12/13/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to his son; trial court did not abuse its discretion by determining the changes in foster care plans were in the best interests of the children
0509051 Pamela L. Jacobson-Kaplan v. Adam J. Kaplan 12/06/2005
Error in part in the trial court’s equitable distribution award; judgment is affirmed in part, vacated in part and remanded to the trial court
0953054 Karl J. Ottosen v. Carla L. Saunders 12/06/2005
Summary affirmance – trial court did not abuse its discretion in awarding sanctions pursuant to Code Section 8.01-271.1; no error in trial court’s determination of the amount of sanctions awarded
1863053 Roger William Thompson v. International Cold Storage, et al. 12/06/2005
Summary affirmance – commission did not err in finding that appellant failed to prove he suffered from asthma and by clear and convincing evidence that he suffered from a compensable ordinary disease of life
1911052 Ace Temporary Service and Hartford Underwriters Insurance Company v. Edward Agurs, Jr. 12/06/2005
Summary affirmance – commission did not err in finding that appellee proved he sustained a compensable injury by accident arising out of and in the course of his employment
2816044 Jodi Lin Cooper v. Craig D. Ebert 12/06/2005
Trial court did not err in requiring the parties to enter into a formal, written agreement to modify the amount of child support and in imputing income to appellant; trial court abused its discretion in crediting appellee with non-conforming child support payments; matter remanded to trial court
0919051 William M. Dragas v. Linda R. Dragas 11/29/2005
Trial court did not err in finding that appellant failed to comply with numerous terms of a decree that granted him a divorce from appellee and incorporated the parties’ settlement agreement
1321051 David Hanscom v. Advance Auto Parts and Royal Insurance Company of America 11/29/2005
Summary affirmance – commission did not err in finding that appellant failed to prove he remained partially disabled as a result of his compensable injury by accident and he was not entitled to a change in treating physicians
1804044 Shaka Amir Farrakhan v. Commonwealth 11/29/2005
Trial court did not err in finding appellant guilty of possession of a concealed weapon by a convicted felon as the knife carried by appellant was a “weapon of like kind” for the purposes of Code Section 18.2-308(A)
1947041 Sterling Spruill v. Commonwealth 11/29/2005
As appellant has shown no prejudice resulting from what he claims was an abuse of discretion in denying a continuance, appellant’s conviction for possessing a firearm after having been convicted of a felony is affirmed
0395052 O. Riddick Harrell, Jr. v. Christina H. Harrell 11/22/2005
Trial court did not abuse its discretion by reserving the right to spousal support to both the parties
0658051 Anthony Taylor v. Norfolk Division of Social Services 11/22/2005
Where appellant’s residual parental rights were terminated by Code Section 16.1-283(B) and (C)(2), appellant’s failure to challenge the termination of his residual parental rights under Code Section 16.1-283(B) constitutes a waiver of any claim of error
0674051 Gwaltney of Portsmouth and Travelers Property Casualty Company of America v. Anthony J. Scales 11/22/2005
Commission erred in accepting evidence documentation, which was not entered into evidence at the original hearing or during the seven-day post-hearing period while the record remained open, and which did not meet the legal standard for admitting after-discovered evidence; commission’s decision awarding claimant temporary total disability benefits reversed and case remanded
1646054 Lorine and William Brown, d/b/a Lake Anna Elder Care, Inc. v. Sherry Judy 11/22/2005
Summary affirmance – commission did not err in finding that employer failed to prove that claimant’s claim was barred by her willful misconduct, claimant proved she gave notice of her industrial accident to employer, and claimant proved she sustained an injury by accident arising out of and in the course of her employment
1789051 Dominion Virginia Power v. Clyde M. Farr 11/22/2005
Summary affirmance – commission did not err in ruling that appellee proved that his injury by accident caused his right carpal tunnel syndrome
2421041 Thomas Lee Johnson v. Commonwealth 11/22/2005
Trial court did not abuse its discretion in concluding the juror did not improperly place on appellant a burden of producing evidence, had not prematurely made up her mind about appellant’s guilt, and remained suitably impartial
0070051 Russell Scott Smith v. Commonwealth 11/15/2005
No error in trial court’s denial of appellant’s motion to suppress as the search, which occurred during the course of a lawful traffic stop, was supported by reasonable suspicion to believe appellant had a weapon in the vehicle
0992053 Timothy Martin Barrett v. Valerie Jill Rhudy Barrett 11/15/2005
Trial court did not err in refusing to make a denial of spousal support retroactive; trial court erred in not following the statutory guidelines for the determination of child support; the issue of child support is reversed and that matter is remanded to the trial court
1259051 Carl Gilliam v. Kramer Tire Company and Virginia Commerce Self-Insurance Association 11/15/2005
Summary affirmance – commission did not err in finding that appellees were not responsible for the cost of unauthorized medical treatment provided to claimant and that claimant was not entitled to a change in treating physicians
1788051 Ramada Plaza Resort and Zurich U.S. v. Jackie A. Muise 11/15/2005
Summary affirmance – commission did not err in finding that appellee proved she injured her left hand and thumb as a result of an injury by accident arising out of and in the course of her employment
2077041 Aldeshawn Gadsden v. Commonwealth 11/15/2005
Trial court erred in finding evidence sufficient to prove appellant constructively possessed the weapon found beneath the floor mat of the seat of the vehicle in which he was riding; appellant’s conviction is reversed and the indictment is dismissed
2105041 Michael Ray Boone v. Commonwealth 11/15/2005
Trial court did not err in denying appellant’s motion for mistrial based on his contention that the Commonwealth failed to make discovery and disclose exculpatory evidence and that the curative instruction provided to the jury was insufficient
2222041 Karen Lynn Dasey v. Commonwealth 11/15/2005
Trial court did not err in finding evidence sufficient to convict appellant of prescription fraud; this Court cannot consider appellant’s argument that the trial court improperly intimidated her witnesses as appellant has not properly preserved her argument for appeal
2248041 Natoria Shena McClain v. Commonwealth 11/15/2005
Trial court did not err in denying appellant’s motion to suppress statements given to police; evidence was sufficient to convict appellant of possession with intent to distribute cocaine
0034052 Jana Heischman Crutchfield v. William G. Crutchfield, Jr. 11/08/2005
This Court cannot consider appellant’s argument that the trial court erred in not setting aside the final decree of divorce as the trial court lacked authority to enter the January 19, 2005 order, rendering it a nullity; all other arguments raised on appeal are barred by Rule 5A:18
0239053 John Victor Dritselis v. Mary Tsakires Dritselis 11/08/2005
Trial court erred in denying appellant’s motion to amend his bill of complaint to include a request for spousal support or a reservation of future support; that part of judgment reversed and matter is remanded to the trial court; trial court did not err in finding the parties’ settlement agreement was valid and distributing the parties’ property pursuant to that agreement
1311054 Judy Pamella Lwasa, a/k/a Judy Pamella Joseph v. Steven Lwasa 11/08/2005
Summary affirmance – trial court did not err in finding appellant’s marriage to appellee was void ab initio and in awarding appellee attorney’s fees
1677053 Evelee Wheeler (Mother) and Arthur Ronald Waldrop (Deceased) v. Virginia Panel Corporation, et al. 11/08/2005
Summary affirmance – commission did not err in denying benefits on the basis that the evidence failed to establish a causal connection between the decedent’s work-related injury and his death several years later
2790043 John Victor Dritselis v. Mary Tsakires Dritselis 11/08/2005
Trial court erred in denying appellant’s motion to amend his bill of complaint to include a request for spousal support or a reservation of future support; that part of judgment reversed and matter is remanded to the trial court; trial court did not err in finding the parties’ settlement agreement was valid and distributing the parties’ property pursuant to that agreement
2846044 Elizabeth A. Haring, f/k/a Elizabeth A. Hackmer v. Michael J. Hackmer 11/08/2005
Trial court did not err in awarding sole legal and physical custody of the parties’ child to the father
0050054 Norfolk Admirals and Federal Insurance Company v. Ty A. Jones 11/01/2005
Commission did not err in finding that claimant sustained a compensable injury by accident arising out of and in the course of employment, that his disability was not cumulative, and that he had no duty to market his residual capacity
0134051 Leroy Clyburn, Jr. v. Commonwealth 11/01/2005
As the trial transcript does not refute the veracity of the final orders and final orders indicate appellant was arraigned on charges of carjacking and abduction, those convictions are affirmed
0168052 Betty Barnard v. Russell H. Barnard 11/01/2005
Divorce order entered on December 30, 2004 affirmed except insofar as it pertains to the imposition of a five-year limitation on the award of spousal support and restricts modification of that order; finding that any adjudication of the real property rights and medical entitlements arising from the prenuptial agreement is premature, those rulings are vacated
0593052 Betty Barnard v. Russell H. Barnard 11/01/2005
Trial court did not err in entering order beyond twenty-one day limit to clarify final divorce order
0747054 Karen Diane Doades v. Charles Timothy Doades 11/01/2005
Trial court did not err in its valuation of the martial residence, equitable distribution award, denial of spousal support to appellant, consideration of her separate funds in its supports decisions, division of appellee’s business debt, and denial of appellant’s attorney’s fees request
0966054 Antonio L. Davis, Sr. v. J.D. Littlejohn, Inc. and Uninsured Employer’s Fund 11/01/2005
Commission did not err in finding that appellant failed to cooperate with vocational rehabilitation efforts and to prove he sustained a compensable change in condition
0969054 Virginia Birth-Related Neurological Injury Compensation Program v. Mai Nguyen and Joseph Pham, etc. 11/01/2005
Commission did not err in its award of attorneys’ fees and expenses pursuant to Code Section 38.2-5009
1022051 Deborah Jean Holt v. Greenbrier Realty Company, Inc. and The Uninsured Employer’s Fund 11/01/2005
Summary affirmance – commission did not err in finding that appellant’s claim for knee and peroneal nerve injuries was time-barred, that she failed to present a current opinion of disability, to prove that her right ankle problem and exacerbation of her RSD was causally related to her compensable injuries, and to prove she was totally disabled as a result of her compensable injuries
1166052 Joseph Hayes v. Petersburg Department of Social Services 11/01/2005
Summary affirmance – trial court did not err in terminating the parental rights of appellant to his son as admissible evidence proved that the termination of appellant’s parental rights was in his son’s best interests
1307054 Genesys Conferencing, Inc. and Pacific Indemnity Co. v. William M. Harper 11/01/2005
Summary affirmance – no error in commission’s finding that claimant proved he adequately marketed his residual work capacity and continued to be disabled as a result of his compensable injury by accident
1406044 Charles Jermaine Walker v. Commonwealth 11/01/2005
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of assault and battery
2064044 Carlos Gonzalez-Tenas v. Commonwealth 11/01/2005
Trial court did not err in finding evidence sufficient to support appellant’s abduction convictions and the related firearm convictions
2349041 Richard Lee Cook v. Commonwealth 11/01/2005
Appellant did not preserve under Rule 5A:18 issues raised on appeal
2861042 Derrick Motameni v. Commonwealth 11/01/2005
Trial court erred in finding evidence sufficient to prove penetration and sufficient to corroborate appellant’s statements to the police; appellant’s conviction is reversed
0011051 Gerald Ricky Doughty v. The Car Store and Peninsula Insurance Company 10/25/2005
Commission did not err in determining that no medical evidence supported a finding that claimant was disabled beyond November 24, 2003
0867052 James Claypoole v. Petersburg Department of Social Services 10/25/2005
Summary affirmance - appellant failed to preserve under Rule 5A:18 any issue raised on appeal
0952051 Hugo Zeledon v. GCR, Inc., United Contractors of Virginia Group Self-Insurance Association, et al. 10/25/2005
Commission did not err in finding that claimant willfully violated a known safety rule and that the safety rule was strictly enforced
1081054 Commonwealth v. Howard Lamont Jackson 10/25/2005
Trial court did not err in suppressing the evidence as the encounter between appellee and the police was not consensual and constituted an illegal seizure
1152043 Kedith Claudette Maynor v. Commonwealth 10/25/2005
Trial court did not err in finding the evidence sufficient to convict appellant of embezzlement
1456041 Quincy Jones Walker, s/k/a Quincy James Walker v. Commonwealth 10/25/2005
Trial court did not err in finding the evidence sufficient to sustain appellant's convictions for marital rape and attempted marital sexual assault
1464053 Lee (County of) School Board, et al. v. Carol Jean Coomer 10/25/2005
Summary affirmance – commission did not err in finding that appellee proved she made reasonable efforts to market her residual work capacity
1472044 Gregory Grandison v. Commonwealth 10/25/2005
Appellant failed to preserve under Rule 5A:18 any issue raised on appeal
1493053 Ronald Wayne Aherron v. Times Fiber Communications, Inc. and St. Paul Travelers 10/25/2005
Summary affirmance – no error in commission’s finding that claimant failed to prove he made reasonable efforts to market his residual work capacity
1594052 Jose Jesus Sosa v. Signature Series Construction, Inc. and Cincinnati Indemnity Company 10/25/2005
Summary affirmance – commission did not err in finding that appellant failed to prove he sustained an injury by accident arising out of his employment and in allowing a witness to testify at the hearing when she was not identified in pre-hearing discovery
1704053 Times Fiber Communications, Inc. and St. Paul Travelers v. Ronald Wayne Aherron 10/25/2005
Summary affirmance – commission did not err in finding claimant proved he was entitled to an award of temporary total disability benefits
2382044 Brian Jennings Hale v. Commonwealth 10/25/2005
Trial court did not err in denying appellant’s motion to suppress statements he made to police as appellant did not manifest an unequivocal invocation of his right to remain silent
1521051 Gilbert Maurice Wood v. Atlantic Coast Airlines, Inc. and American Protection Insurance Company 10/18/2005
Summary affirmance – commission did not err in ruling that appellant waived and abandoned his right to a review of the deputy commissioner’s decision by failing to assign any specific errors to the deputy commissioner’s findings of fact or conclusions of law and failing to file a written statement
1545052 Waste Management Inc. and Gallagher Bassett Services, Inc. v. Arthur W. Coles 10/18/2005
Summary affirmance – no error in commission’s finding that claimant proved that his left elbow surgery was causally related to his compensable injury by accident, employer failed to prove claimant was terminated for cause, and claimant proved he remained partially disabled after leaving his job with employer and that he made reasonable efforts to market his residual work capacity thereafter
1634041 Damien James Jarvis v. Commonwealth 10/18/2005
This Court declines to address appellant’s argument that the evidence is insufficient to prove that he possessed tools with larcenous intent as appellant has not properly preserved his argument for appeal
2177041 Mark Antonio Wallace v. Commonwealth 10/18/2005
Trial court did not err in finding that appellant’s statutory right to a speedy trial was not violated as appellant’s trial commenced within the five-month period required by statute; appellant’s convictions affirmed
3152034 Cynthia Lynn Welch v. Commonwealth 10/18/2005
Upon rehearing by panel – prior holdings that trial court did not err in denying appellant’s request for an expert and that evidence was sufficient to prove malice reaffirmed; as panel finds conviction of first-degree murder by starvation does not require proof of premeditation, conviction affirmed
0107054 James R. Plasker v. Teresa A. Dean 10/11/2005
Summary affirmance – trial court did not err in finding that appellant failed to prove retraceability of his separate interest in the equity in the marital home
0112051 Ford Motor Company v. William K. Favinger 10/11/2005
Commission erred in failing to address whether appellee adequately marketed his residual work capacity in order to recoup his lost overtime; case remanded for determination of that question
0273051 Debra L. Newberry v. Peebles Department Store and American & Foreign Insurance Company 10/11/2005
Commission did not err in holding that appellant’s injury did not arise out of and in the course of her employment
0432054 Jay K. Wilk v. Lori Ann Tamkin 10/11/2005
Summary affirmance - trial court did not err in finding that the filing of a motion to show cause against appellee’s counsel warranted the imposition of sanctions and in denying appellee’s request for an award of attorney’s fees and costs incurred in this case
0983051 Roscoe L. Simpson v. Carol P. Simpson 10/11/2005
Summary affirmance – trial court properly refused to address issues other than the attorney’s fees and the contempt allegation under res judicata; appellant waived argument challenging the court’s finding of contempt on appeal as he failed to support his argument with any authority or citations to the record
1204042 William Frank Martin, Jr. v. Commonwealth 10/11/2005
Trial court did not err in denying appellant’s motion to suppress his statement to police and in finding the evidence was sufficient to convict appellant of carnal knowledge of an inmate
1379053 Dickenson (County of) School Board, et al. v. Benny E. Smith 10/11/2005
Summary affirmance - commission did not err in finding that appellee proved he adequately marketed his residual work capacity and awarding him temporary total disability benefits
1390051 Clancy & Theys Construction Company, Inc., et al. v. Marcus E. Adams 10/11/2005
Summary affirmance – commission did not err in finding that appellee proved he sustained an injury by accident arising out of and in the course of his employment
1408054 Claire M. Gesalman v. Virginia Birth-Related Neurological Injury Compensation Program 10/11/2005
Summary affirmance – commission did not err in finding that a recruitment fee paid to an employment agency to find a caregiver for the infant complainant does not qualify as an actual medically necessary and reasonable expense under Code Section 38.2-5009(A)(1)
1458052 Candice Paige Pecka v. Paychex, Inc. and Travelers Indemnity Company of America 10/11/2005
Summary affirmance – commission did not err in terminating appellant’s award of temporary total disability benefits based upon its findings that appellee proved it made a bona fide offer of selective employment to claimant consistent with her residual work capacity, and claimant failed to prove that her refusal of that selective employment was justified
1521042 Stephen Arthur Germani v. Commonwealth 10/11/2005
Trial court did not err in finding the evidence sufficient to prove appellant knowingly and intentionally possessed marijuana in a correctional facility
1522042 Douglas William Doggett, III v. Commonwealth 10/11/2005
This Court cannot make a determination as to whether the trial court erred in rejecting appellant’s duress defense as the record on appeal is insufficient to support appellate review; appellant’s convictions affirmed
1536041 Daryl Antonio Harvey v. Commonwealth 10/11/2005
Trial court did not abuse its discretion by denying appellant’s motion to strike the testimony of a witness; appellant failed to establish actual prejudice as the criminal history of the witness was provided to appellant during trial and its contents were disclosed during cross-examination
1539051 Bayshore Roofing, Inc., et al. v. Richard D. Belcher 10/11/2005
Summary affirmance – commission did not err in ruling that appellee proved he sustained an injury by accident arising out of his employment
1579043 Gregory Leon Young v. Commonwealth 10/11/2005
Trial court did not err in its decision to accept and submit the Commonwealth’s instruction defining “deadly weapon,” in rejecting appellant’s proposed instruction stating that the Commonwealth had the burden of proving that the weapon was deadly, and in finding the evidence was sufficient to support the jury’s finding that the Daisy BB gun was a deadly weapon
2021044 Ross Kinnison Hall v. Marlene Sue Hall 10/11/2005
Trial court erred in sustaining appellee’s objection to appellant’s interrogatories and in striking appellant’s amended answer; judgment is reversed and the case is remanded to the trial court
0072054 Commonwealth of Virginia Department of Social Services, etc. v. Elizabeth A. Quantrille 10/04/2005
Trial court erred in placing upon DSS the burden of proving that the change in circumstance was due to appellee’s voluntary act or dereliction; judgment of trial court reversed and case remanded for reconsideration under the correct standard of proof
0257041 Robert Americo Sellarole v. Commonwealth 10/04/2005
Trial court erred in considering matters not in evidence in assessing a police officer’s credibility as a witness; appellant’s conviction reversed and case remanded to the trial court
0313051 William S. Jones, Jr. v. Patrick W. Finnerty, Director, Dept. of Medical Assistance Services 10/04/2005
Appeal dismissed as the opening brief does not comply with Court rules
1308053 The Goodyear Tire & Rubber Company and Liberty Insurance Corp. v. Michael L. Luck 10/04/2005
Summary affirmance – commission did not err in finding that appellee proved he sustained an injury by accident arising out of and in the course of his employment and that appellee was not required to market his residual work capacity as a condition of receiving temporary total compensation
1320054 Westminster at Lake Ridge and Manufacturers Alliance Insurance Co. v. Romona Bocanegra 10/04/2005
Summary affirmance – commission did not err in finding that appellee proved she sustained a cervical spine injury causally related to her compensable injury by accident
1358053 Arrote T. Willis v. The Goodyear Tire and Rubber Company and Liberty Insurance Corporation 10/04/2005
Summary affirmance – commission did not err in finding that appellant failed to prove he sustained a compensable injury by accident, but rather his condition was caused by non-compensable repetitive and cumulative trauma
1488042 Rosa Robinson Coleman v. Commonwealth 10/04/2005
Trial court did not err in finding evidence sufficient to sustain two firearm convictions
1544042 Shamone Lamont Parham v. Commonwealth 10/04/2005
Trial court erred in denying appellant’s motion to suppress the cocaine as the police had no probable cause to arrest him for trespassing; appellant’s conviction is reversed and the indictment is dismissed
1880042 Treyon Chris Williams v. Commonwealth 10/04/2005
Rule 5A:8 bars our review of the trial court’s decision as the record on appeal is insufficient to determine whether the proper underlying offense was present to allow the trial court to commit appellant to the Department of Juvenile Justice
1907041 Darius Leroy Collins v. Commonwealth 10/04/2005
Trial court did not err in finding the evidence sufficient to convict appellant of armed statutory burglary and use of a firearm in the commission of a felony
1926042 Robert T. Huber v. Commonwealth 10/04/2005
Trial court did not err in finding the evidence sufficient to convict appellant of unauthorized use of a vehicle
2154042 Tanya N. Harris v. Commonwealth 10/04/2005
Trial court did not err in finding the evidence sufficient to convict appellant of embezzlement for the challenged offense
2358043 Frank Edward Osborne v. Commonwealth 10/04/2005
Trial court did not err in allowing the testimony of a witness over appellant’s objection as to relevance, in failing to exclude a witness from the evidentiary hearing, and in refusing to grant a continuance to the appellant
2574044 Valerie Jeanette Sanders, s/k/a Valerie Jeanette Richardson v. Commonwealth 10/04/2005
Appellant’s conviction reversed and case remanded as trial court erred in denying appellant’s proffered instruction on self-defense without fault
2644041 William S. Jones, Jr., et al. v. Maurice A. Jones, Commissioner, Virginia Dept. of Social Services 10/04/2005
Appeal dismissed as the opening brief does not comply with Court rules
2646041 William S. Jones, Jr., et al. v. Maurice A. Jones, Commissioner, Virginia Dept. of Social Services 10/04/2005
Appeal dismissed as the opening brief does not comply with Court rules
1350051 Belinda L. Anderson v. Virginia Beach (City of) School Board and Compmanagement, Inc. 09/27/2005
Summary affirmance – commission did not err in finding that appellant failed to prove total disability after February 11, 2004, as a result of her compensable April 9, 2003 injury by accident
1754043 Michael Dean Turner v. Commonwealth 09/27/2005
Trial court did not err in finding evidence sufficient to convict appellant for attempted distribution of cocaine
2116043 Ellis G. Huffman v. Ileda Huffman 09/27/2005
Appellant did not preserve under Rule 5A:18 issues raised on appeal
0121053 Todd Andrew Gerl v. Roseanne NMN Diso Gerl 09/20/2005
Trial court erred in deviating from the provisions of Code Section 20-108.2 by requiring appellant to pay 80% of all unreimbursed medical expenses of the children rather than his proportionate share of the unreimbursed medical expenses in excess of $250 per child per calendar year; matter remanded to trial court to modify its order or to make additional findings that would allow a deviation
0768054 Gregory Todd Lloyd v. Stephanie Marie Lloyd 09/20/2005
Summary affirmance – trial court did not err in granting the parties a divorce based on their separation in excess of one year as credible evidence supports its decision that wife did not desert the marriage and that husband acquiesced in the parties’ separation
1130042 Lakisha Jermon Thomas v. Commonwealth 09/20/2005
Trial court did not err in finding that appellant voluntarily consented to both the entry and the search of her residence; appellant’s conviction for possessing stolen goods is affirmed
1858042 Kelvin V. Bowles, s/k/a Kelvin Von Bowles v. Commonwealth 09/20/2005
Trial court did not err in convicting appellant of misdemeanor failure to re-register with the Department of State Police for inclusion in the Sex Offender and Crimes Against Minors Registry as appellant concedes evidence supported his conviction for the misdemeanor offense and because nothing in the record establishes that the trial court ruled against appellant on the constitutional issue
0469054 Basim Michel Sawwan v. Angeline Hooi Teen Huang 09/13/2005
Summary affirmance – trial court did not err in terminating appellant’s visitation rights with his daughter, in finding appellant in contempt of court for violating the terms of prior court orders, and in awarding attorney’s fees to appellee
0801053 Kathy Martin Arey v. Randolph William Arey 09/13/2005
Summary affirmance – trial court did not err in finding that appellant was competent to execute the parties’ property settlement agreement
0918052 Lloyd G. Daniel (Deceased), Frances Daniel (Widow), et al. v. CTR Corporation, et al. 09/13/2005
Summary affirmance – commission did not err in denying the claimant’s claim for an award of death benefits and medical expenses and finding that claimants failed to prove the employee’s death was a compensable consequence of his injury by accident
1142054 Roy LeJuene McDaniel v. Tyson Foods, Inc. 09/13/2005
Summary affirmance – commission did not err in finding that appellant’s misrepresentations regarding his medical history during the job application process with appellee precluded him from receiving benefits under the Workers’ Compensation Act for an accidental injury
1161053 Robin M. Cottrell v. DeRoyal Industries, Inc. and Travelers Indemnity Company of America 09/13/2005
Summary affirmance – commission did not err in denying claimant benefits under the Workers’ Compensation Act as claimant failed to prove by clear and convincing evidence that her left carpal tunnel syndrome did not result from causes outside her employment
1172053 Frederick Douglas Wilson v. The Goodyear Tire and Rubber Company and Liberty Insurance Company 09/13/2005
Summary affirmance – commission did not err in reversing the deputy commissioner’s finding as to claimant’s credibility, the occurrence of an injury by accident arising out of and in the course of his employment, and the existence of a causal connection between claimant’s injury and his medical treatment and disability
1233051 International Paper Company v. Keith A. Terry 09/13/2005
Summary affirmance – commission did not err in finding that the appellant failed to prove appellee was fully able to perform the duties of his pre-injury work
1243052 AM Communications, Inc. and Federal Chubb Indemnity Insurance Co. v. William Carroll Childress 09/13/2005
Summary affirmance – commission did not err in ruling that the two-year statute of limitations was tolled and did not bar appellee’s claim for benefits, and that appellee was entitled to a de facto award for temporary total compensation and was not required to prove he marketed his residual work capacity
2038044 Helen M. Kearney v. Richard V. Kearney 09/13/2005
Trial judge did not err in denying appellant’s claims for a survivor benefit under an annuity and for spousal support; trial judge did not err in ruling that monies appellee gave to appellant were gifts, not loans, and in determining the division of equity in the marital residence
2132044 Richard C. Garretson, Jr. v. Elizabeth M. Miller 09/13/2005
Summary affirmance –appellant did not preserve under Rule 5A:18 issue raised on appeal
0482054 Karen A. DeLuca v. Denis Katchmeric 09/06/2005
Summary affirmance – no error in trial judge’s distribution of the proceeds of the sale of the parties’ martial home following their divorce
0569051 Commonwealth v. Russell Hopson 09/06/2005
Trial court erred in holding that the officers failed to articulate circumstances justifying the application of the emergency exception to the warrant requirement; trial court’s suppression order is reversed and the matter is remanded for trial
1209043 Reginald L. Humphries v. Commonwealth 09/06/2005
Trial court did not err in excluding evidence that appellant suffered Acute Stress Disorder as the evidence of the force and violence used to inflict the injuries that killed the victim established malice without relying on an inference arising from appellant’s post-incident conduct
1966044 James Archer Martin v. Commonwealth 09/06/2005
Trial court did not err in finding appellant guilty of aggravated sexual battery of an eight-year-old boy as the victim could not have legally consented and thus constructive force existed as a matter of law
2649042 Aaron Gruss v. Commonwealth 09/06/2005
Summary affirmance - trial judge did not err in finding the evidence sufficient to convict appellant of leaving the accident scene without giving the statutorily required information
0937052 Nabisco and American Protection Insurance Company v. Gloria Turner McDaniel 08/30/2005
Summary affirmance – commission did not err in awarding appellee compensation for her left shoulder injury and finding that the injury constituted a compensable consequence of her right shoulder injury
1003052 Diana Barker v. Virginia Department of Corrections 08/30/2005
Summary affirmance – no error found in circuit court’s affirmation of the hearing officer’s decision that deviations in Department grievance procedure constituted harmless error as appellant was no longer certified to serve in her position
2254043 Susan L. Newsome v. Martin W. Neary 08/30/2005
Trial court did not err in ruling that the parties’ child attend public school instead of private school
2391043 Willis Howard Winfree v. Linda Pugh Winfree 08/30/2005
No error in trial court’s finding that issue of whether assignment of appellant’s monthly veterans’ disability benefits to appellee, while in violation of federal law, was barred by res judicata as order based on parties’ agreement was voidable not void ab initio
2931044 Carlos Leuthner v. Canada Dry Potomac Corporation and Cigna Property & Casualty Insurance Company 08/30/2005
No error in commission’s denial of workers’ compensation benefits for pain and numbness in appellant’s hands as credible evidence supports the commission’s decision on causation
0047054 Tarun Batra v. Julia B. Batra 08/23/2005
Rehearing En Banc granted
0458052 William Scott v. Spotsylvania Department of Social Services 08/23/2005
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights pursuant to Code Section 16.1-283(C)
0778054 Home Depot USA, Inc. and American Home Assurance Company v. Michael John Davidson 08/23/2005
Summary affirmance – no error in commission’s finding that claimant proved he made adequate efforts to market his residual work capacity
0089054 William Riley Holzberlein v. Renee Jawish Holzberlein 08/16/2005
Summary affirmance – trial court did not err in its classification of the marital residence and in denying appellant’s motion for supersedeas bond
0227054 Lisa M. Murray v. Fairfax County School Board 08/16/2005
Summary affirmance – commission did not err in finding that appellant failed to prove she sustained a compensable injury by accident, occupational disease, or ordinary disease of life and in finding that the claim was barred by res judicata
0603052 Cynthia S. Nelson v. Craig E. Nelson 08/16/2005
Summary affirmance – trial court did not err in concluding the property settlement agreement was valid and was not the result of duress
1804034 Christopher Lee Bentley v. Commonwealth 08/16/2005
Trial court did not err in admitting into evidence a personally recorded compact disc containing on its face a handwritten list of musical groups; evidence was sufficient to support appellant’s convictions of two counts of grand larceny
0889052 Honeywell Corporation and Zurich American Insurance Company v. William H. Swiney, Jr. 08/09/2005
Summary affirmance - commission did not err in finding that appellee proved he adequately marketed his residual work capacity beginning August 5, 2003
0383052 Linda Willett v. Janice Truman and Kevin Truman 08/02/2005
Summary affirmance - appellant did not preserve under Rule 5A:18 issue raised on appeal
0733051 City of Norfolk Department of Human Services v. Candice Harris 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0734051 City of Norfolk Department of Human Services v. Candice Harris 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0735051 City of Norfolk Department of Human Services v. Candice Harris 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0736051 City of Norfolk Department of Human Services v. Donnie Lee 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0737051 City of Norfolk Department of Human Services v. Donnie Lee 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0738051 City of Norfolk Department of Human Services v. Donnie Lee 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0977043 Brandy Nichole Wimmer v. Commonwealth 08/02/2005
Trial court did not err in denying appellant’s motion to strike as the evidence is sufficient to sustain her conviction for child abuse or neglect; appellant is procedurally barred from raising her argument for the first time on appeal that the challenged testimony was unduly prejudicial
1398041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
1399041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
1400041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
1401041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
1402041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
2217033 Timothy Glen Workman v. Commonwealth 08/02/2005
Trial judge did not err in refusing the instructions tendered by appellant and in giving an instruction with both an “at” fault and a “without fault” component, in concluding further instruction was appropriate in responding to the jury’s question, and in finding that evidence presented at the evidentiary hearing failed to establish materiality in the constitutional sense
2221044 Alexander Figueroa v. Kimberly S. Nelson, f/k/a Kimberly Figueroa 08/02/2005
No error in trial judge’s rulings on the issues of child custody and visitation, attorney’s fees, and medical expenses
2320044 Uninsured Employer’s Fund v. Cheryl E. Duffner and Montgomery Ward & Company 08/02/2005
Commission did not err in entering an award requiring appellant to pay appellee’s medical benefits and in ruling that Code Section 65.2-1203 should be applied retroactively
0186052 Cathy Williams v. Buckingham Department of Social Services 07/26/2005
Summary affirmance – trial judge did not err in terminating appellant’s parental rights to her two minor children as the evidence was sufficient to prove clearly and convincingly that termination of appellant’s parental rights was in her children’s best interest
0458042 Anna M. Lazarchic v. Raymond F. Lazarchic 07/26/2005
Error in part in the trial court’s equitable distribution award; judgment is affirmed in part, reversed in part, and remanded to the trial court
0484042 Raymond F. Lazarchic v. Anna M. Lazarchic 07/26/2005
Error in part in the trial court’s equitable distribution award; judgment is affirmed in part, reversed in part, and remanded to the trial court
0693053 Elden Dale Webb, Jr. v. Ruan Transport Management Systems, Inc., et al. 07/26/2005
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of his employment
1466042 Tamara Silvius v. Steve Silvius 07/26/2005
Trial court did not err by restricting the mother’s use of alcohol and tobacco during visitation with her two children as the evidence was sufficient to justify the restrictions; trial court had jurisdiction to hear this case
2090041 Sherri L. Patterson v. Commonwealth 07/26/2005
Appellate review of the claimed errors is barred under Rule 5A:18; appellant’s sentence on the stalking conviction and the trial court’s order requiring appellant to give a “recognizance” for threatening bodily harm are affirmed
2633041 Joseph C. Florio v. Barbara E. Clark, William B. Clark and Joyce Childers 07/26/2005
Trial court abused its discretion by excluding the updated home study and limiting the testimony of the licensed clinical social worker as the excluded evidence pertained to the child’s best interest; case remanded to the trial court for a new custody hearing
0053052 Frances W. Toney v. Sandy’s Plants, Inc. and Florists Mutual Insurance Company 07/19/2005
Summary affirmance – commission did not err in finding appellant failed to prove that her “multiple chemical exposure” constituted a compensable occupational disease or a compensable ordinary disease of life
0281043 Lee Andrew Graham, II v. Commonwealth 07/19/2005
No error in trial court’s denial of appellant’s motion to suppress the evidence seized during a search of his person
0494043 Curtis Norton Fitzgerald v. Edith Christine (Harless) Fitzgerald 07/19/2005
Trial court erred in finding that the increased value of the service station property was marital property; matter remanded for a redetermination of the equitable distribution monetary award; all other issues raised on appeal are affirmed
2375043 Harrisonburg Rockingham Social Services District v. Shannon Shifflett and Elvis Gene Shifflett, Sr. 07/19/2005
This appeal is dismissed and issues raised on appeal are moot as no controversy survives for review
2379043 Warren A. Picciolo, Guardian ad litem v. Shannon Shifflett and Elvis Gene Shifflett, Sr. 07/19/2005
This appeal is dismissed and issues raised on appeal are moot as no controversy survives for review
2520044 Carol A. Dielman v. Robert S. Dielman 07/19/2005
Trial court abused its discretion by declining to enforce the terms of a valid post-separation agreement, as required by Code Section 20-109; trial court erred in ordering the immediate sale of the parties’ marital home
2655032 Gordon M. Witterman v. Commonwealth 07/19/2005
Trial court did not err when it disallowed evidence of prior specific acts of violence by the victim; Rule 5A:18 bars appellant from raising the expert testimony argument as appellant did not preserve this argument for appeal
2774044 Latoya R. Green v. Fairfax County Department of Family Services 07/19/2005
Judgment of the trial court affirmed as no record of the motion to vacate or the basis for the trial court’s denial of it appears in the trial court record
0639053 The Goodyear Tire & Rubber Company and Liberty Insurance Corporation v. Arnold J. Moore, Jr. 07/12/2005
Commission did not err in finding that appellee proved the surgical implantation of his spinal cord stimulator constituted reasonable and necessary medical treatment
2006041 Joseph Goodwin, III v. Commonwealth 07/12/2005
Trial judge erred in convicting appellant of possessing a concealed weapon in violation of Code Section 18.2-308.2 as the knife that appellant possessed was not prohibited by the statute
2282032 Yvonne E. Tate v. United Parcel Service and Liberty Mutual Fire Insurance Company 07/12/2005
Upon rehearing en banc, the stay of this Court’s August 10, 2004 mandate is lifted and the decision of the Workers’ Compensation Commission is affirmed
3064034 Ricardo C. Green, s/k/a Charles Ricardo Green v. Commonwealth 07/12/2005
Trial court did not err in refusing to grant a mistrial as the evidence fails to show the juror could not decide the case impartially; evidence was sufficient to sustain appellant’s burglary conviction
3152034 Cynthia Lynn Welch v. Commonwealth 07/12/2005
No error in trial court’s refusal of appellant’s request for appointment of a second medical expert; evidence was sufficient to prove appellant acted with malice rather than merely with criminal negligence; evidence was insufficient to prove premeditation; conviction for first-degree murder is reversed and case remanded for retrial for an offense no greater than second-degree murder
0686052 Campbell Gibbons & Associates, Inc. and Zurich American Insurance Company v. Larry Young 07/05/2005
Summary affirmance – commission did not err in finding that claimant proved his September 11, 2003 injury by accident arose out of his employment; employer is procedurally barred from raising its claim for the first time on appeal that the commission erred in awarding claimant temporary total disability benefits for the period from November 21, 2003 through January 8, 2004
0700052 Uninsured Employer’s Fund v. Joseph C. Mendes 07/05/2005
Summary affirmance – commission did not err in finding that appellee proved he cured his previous unjustified refusal of vocational rehabilitation services; made reasonable, appropriate, and adequate efforts to market his residual work capacity by March 1, 2004; and was entitled to an award of temporary total disability benefits beginning March 1, 2004 and continuing
1192042 Lawrence Jerome Fitzgerald v. Commonwealth 07/05/2005
Trial court did not err in finding the evidence was sufficient to convict appellant of possession of heroin with intent to distribute
1585042 Anthony Russell v. Commonwealth 07/05/2005
Trial court did not err in denying appellant’s motion to reconsider or in failing to modify sentences imposed following his conviction of two charges of distribution of cocaine on pleas of guilty pursuant to a plea agreement
1637042 Frank Short v. Commonwealth 07/05/2005
Trial court did not err in finding the evidence sufficient to convict appellant of contractor fraud under Code Section 18.2-200.1
1944042 Jacqueline Rodgers v. Commonwealth 07/05/2005
Trial court did not err in finding the evidence sufficient to support appellant’s conviction under Code Section 18.2-474.1
2098044 Robert Scott Whitehead v. Hope Alethia Bazaco Whitehead 07/05/2005
Trial court did not err in concluding that it lacked authority to terminate or modify husband’s existing mortgage obligation, in finding no change in circumstances existed to warrant a change in spousal support, in determining the income attributable to wife, and in failing to order wife to refinance the former marital residence solely in her name
2703041 Commonwealth of Virginia, Department of Corrections v. Robert E. Doyle 07/05/2005
Circuit court erred when it reversed the hearing officer’s decision and vacated the warden’s Group II disciplinary notice as the circuit court acted outside the boundaries of judicial review authorized by the Grievance Procedure Act; the circuit court’s orders are reversed and the agency’s personnel decision is reinstated
2704041 Commonwealth of Virginia, Department of Corrections v. Ronald A. Temple 07/05/2005
Circuit court erred when it reversed the hearing officer’s decision and vacated the warden’s Group II disciplinary notice as the circuit court acted outside the boundaries of judicial review authorized by the Grievance Procedure Act; the circuit court’s orders are reversed and the agency’s personnel decision is reinstated
3189033 Engram MacShannon Bellamy, a/k/a Engra Machan Bellamy v. Commonwealth 07/05/2005
Trial judge erred in admitting appellant’s statements in the Commonwealth’s case-in-chief as the police deliberately elicited appellant’s statements in violation of his Sixth Amendment right to counsel; appellant’s conviction reversed and case remanded for a new trial
0152052 James U. Kincaid v. Katherine B. Kincaid 06/28/2005
Summary affirmance – trial court did not abuse its discretion in its equitable distribution award or in its spousal support award
1427043 James Robert Welch, Jr. v. Commonwealth 06/28/2005
Trial court did not err in finding the evidence sufficient to convict appellant of having carnal knowledge of a child between thirteen and fifteen years of age
1811042 James A. Farrow v. Commonwealth 06/28/2005
Trial court did not err in denying appellant’s motion to suppress as appellant had no legitimate expectation of privacy in the premises searched or the property seized
1854042 Richard D. Weatherford v. Commonwealth 06/28/2005
Trial court did not err in determining that the shotgun found in appellant’s car was concealed from common view and observation; evidence was sufficient to convict appellant of possession of a concealed weapon in violation of Code Section 18.2-308
2119042 Laura Anne Easton v. Commonwealth 06/28/2005
Trial court did not err in admitting the certificate of analysis as the evidentiary requirements of the implied consent statute were satisfied
2684042 Richard C. Shultz v. Beverly P. Shultz 06/28/2005
This appeal is dismissed as appellant failed to provide an adequate record for this Court to consider his argument on appeal
3034042 Clinton R. Barlow (Estate of) and Clinton C. Barlow v. Winkelman, Inc., et al. 06/28/2005
Summary affirmance – commission did not err in finding that it lacked jurisdiction to consider claimant’s July 30, 2004 letter filed on August 2, 2004, because the request for review was not timely; and in finding that it was barred from considering claimant’s September 28, 1998 claim, as well as his July 30, 2004 letter, under the doctrine of res judicata
0047054 Tarun Batra v. Julia B. Batra 06/21/2005
No error in trial court’s denial of husband’s request for an award of attorney’s fees and costs expended in the establishment of the validity and enforcement of the Financial Agreement reached between husband and wife
0245053 Jimmy Ralph Dash, Jr. v. Coalfield Services, Inc. and Liberty Mutual Insurance Company 06/21/2005
Summary affirmance – commission did not err in finding that the applicable statute of limitations barred appellant’s March 13, 2003 claim seeking an award of permanent total disability benefits for a brain injury and that the doctrine of imposition did not apply
2259041 Jermaine Stanley Mock v. Commonwealth 06/21/2005
Trial court did not abuse its discretion in denying appellant’s motion for a continuance
2874034 Orlando S. Avalos v. Commonwealth 06/21/2005
Trial court did not err by denying appellant’s motion to suppress on Miranda grounds, by admitting appellant’s statements from a videotaped interview, by allowing the child witness to testify, and by finding the evidence sufficient to convict appellant of animate object sexual penetration of a child under the age of thirteen
0023051 Crystal Woodward v. City of Hampton Department of Social Services 06/14/2005
Summary affirmance – no error in trial court’s finding that clear and convincing evidence satisfied the statutory requirements of Code Section 16.1-283(C)(2) and established that termination of appellant’s parental rights was in the child’s best interests
0131051 Herman Butler v. City of Hampton Department of Social Services 06/14/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to his two minor children pursuant to Code Section 16.1-283(C)(2)
0579054 Laura Denise Edwards v. Alexandria Department of Social Services 06/14/2005
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
0699043 Bruce Forbes v. Commonwealth 06/14/2005
Rule 5A:18 bars appellant from raising his claim of insufficient evidence for the first time on appeal; appellant’s contempt conviction affirmed
0713043 Bruce Forbes v. Commonwealth 06/14/2005
Appeal dismissed as appellant’s claims of error regarding the issuance of a capias and the denial of his post-conviction bond motion are moot
1852042 Tello J. Angelina v. Commonwealth 06/14/2005
Trial court did not err in finding that appellant voluntarily and intelligently waived his preliminary hearing on the drug charges, in finding that there was no violation of the speedy trial provisions, in admitting the drug evidence and the certificate of analysis, and in finding evidence sufficient to support appellant’s conviction of receipt of stolen property
2446041 Walter Thomas Golembiewski v. Gae Susan Anderson-Miller 06/14/2005
Judgment awarding appellee the IRA titled in her name is reversed and remanded for classification and distribution pursuant to Code Section 20-107.3; trial court did not abuse its discretion in refusing to award any rental value from the marital residence to husband or in allocating eighty-five percent of the marital equity in the marital residence to wife
2468041 Gae Susan Anderson-Miller v. Walter Thomas Golembiewski 06/14/2005
Trial court did not err in finding husband’s evidence sufficient to trace his separate property from the jointly owned marital residence, in its classification of the parties’ respective interests in the marital residence, in its equitable distribution of the marital equity in the marital residence, and in awarding husband the $10,000 note proceeds
3021044 Karen A. DeLuca v. Denis Katchmeric 06/14/2005
Summary affirmance - as the order from which appellant appeals is not a final order concerning the sale of the property, the appeal, insofar as it pertains to these issues, is dismissed; appellant is procedurally barred from raising her claim for the first time on appeal that the trial court failed to act impartially; trial court did not err by finding wife in contempt
1216042 Samantha Lynn Morris v. Commonwealth 06/07/2005
Rehearing En Banc granted
2050043 Craig Byron Johnson v. Shari Lynn Johnson 06/07/2005
Trial court did not err in classifying and valuing certain assets, in ordering the sale of the martial residence, in awarding the wife custody of the children, and in fixing support arrearages
2616042 Virginia Linen Service, et al. v. John W. Wise, Jr. (Deceased), et al. 06/07/2005
Commission did not err in finding that decedent’s fatal injury arose out of and in the course of his employment and in ruling that the decedent did not disobey a known safety rule; case remanded for determination of whether failure to use a safety harness and failing to use the buddy system bar recovery under Code Section 65.2-306
0069044 Gary Lee Pancione v. Commonwealth 05/31/2005
Trial court did not err in denying appellant’s motion to suppress as the court found the officer was acting as a private citizen
1170044 Robert Ian Trainer v. Commonwealth 05/31/2005
Trial court did not err in finding evidence sufficient to prove beyond a reasonable doubt the elements of assault
1218044 Jason Clark Trogdon v. Commonwealth 05/31/2005
No error in the jury finding appellant guilty of object sexual penetration of a child under the age of thirteen years
1294042 Jack M. Parrish, III v. Diane D. Parrish 05/31/2005
Trial court did not err in refusing to admit parol evidence on the issue of whether appellant intended to gift his premarital separate property interest in the marital home and in granting attorney’s fees to wife
2503043 Roy Hueston Scott, Jr. v. Consolidated Coin Caterers Corporation, et al. 05/31/2005
Summary affirmance – commission did not err in finding no evidence that Consolidated Coin Caterers Corporation and its insurer engaged in unlawful medical management of claimant’s case
2568042 Kenneth Jackson, s/k/a Kevin Jackson v. Annette Jackson 05/31/2005
Summary affirmance – no error in trial court’s denial of appellant’s bill of complaint
0238051 Jacqueline L. Palmer Mercer v. Support Services of Virginia, Inc., et al. 05/24/2005
Summary affirmance – commission did not err in finding that claimant’s claim for additional wage loss compensation was barred by the two-year time limitation and that she was not entitled to payment for certain medical expenses because they arose from unauthorized medical treatment
0281051 Tidewater Staffing, Inc. and Federal Insurance Company v. Victoria Cook 05/24/2005
Summary affirmance – commission did not err in calculating appellee’s pre-injury average weekly wage as $750
1604044 Selemon S. Takele v. Commonwealth 05/24/2005
Trial court did not err in convicting appellant of petit larceny of a library book as evidence was sufficient to prove asportation of the book
2653043 William Williamson v. Commonwealth of Virginia, Department of Social Services, etc. 05/24/2005
Summary affirmance – trial court did not abuse its discretion in denying appellant’s appeal of the juvenile and domestic relations district court’s decision as the evidence failed to show that appellant’s inability to pay child support was “not due to his own voluntary act” in committing a crime, which resulted in his incarceration
2860041 Jamie Routten v. Hampton Department of Social Services 05/24/2005
Summary affirmance – 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(C)
2915042 Norma Jean Scruggs Haga v. Keith Schlosberg and Carolyn Schlosberg 05/24/2005
Summary affirmance – trial court did not err in granting the adoption petition as the evidence supports the trial court’s findings that appellant withheld consent contrary to the best interests of the child and that her continued relationship with the child would be detrimental
0115051 Darlene Mishell Thomas v. Siemens Automotive, Ltd., et al. 05/17/2005
No error in commission’s finding that claimant was terminated from selective employment for justified cause warranting a forfeiture of her right to future temporary partial disability benefits
0474043 Brandon L. Hubbard, s/k/a Brandon Lamonte Hubbard v. Commonwealth 05/17/2005
This appeal is dismissed as appellant raised issue for first time in his opening brief
0543043 Donald Victor Pickard v. Commonwealth 05/17/2005
No error found as the evidence was sufficient to support the jury’s finding that the appellant was intoxicated when he drove
1283043 Kenneth Eugene Jackson, s/k/a Kenneth Eugene Jackson, Jr. v. Commonwealth 05/17/2005
No error in trial court’s denial of a continuance and refusal to admit a codefendant’s hearsay statement under the exception for statements against penal interest
1440041 Michael Ray Brown v. Commonwealth 05/17/2005
Trial court erred in finding that the evidence proved the fair market value of the stolen property to be $200 or greater at the time of the theft; case remanded for judgment and sentencing on the lesser-included offense of petit larceny
3190031 Frederick B. Smallwood v. Commonwealth 05/17/2005
Trial court did not err in permitting the Commonwealth’s medical examiner to testify that the forensic evidence was not consistent with self-infliction and not consistent with a shooting during a struggle; such testimony on the record was not impermissible expert testimony as to the ultimate fact to be determined by the jury
0044054 Truland Systems Corporation and Hartford Casualty Insurance Company v. Richard L. Bailey 05/10/2005
Summary affirmance – commission did not err in finding that employer failed to prove that appellee was terminated for justified cause
0164053 Boston Concrete Products and Employers Insurance of Wausau v. The Estate of Johnnie Alan Wilkerson 05/10/2005
Summary affirmance – commission did not err in finding that claimant did not impair employer’s subrogation rights or lien and in declining to afford employer equitable relief based upon the doctrine of laches
0511041 Joseph Walter Nobrega v. Commonwealth 05/10/2005
No reversible error found in trial judge’s denial of appellant’s motion to order a psychiatric examination of the child; trial judge did not err in finding evidence sufficient to sustain appellant’s convictions of two counts of rape of a child under the age of thirteen and two counts of sexual abuse of a child under the age of thirteen
1216042 Samantha Lynn Morris v. Commonwealth 05/10/2005
Trial court erred 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)
1741044 Karen A. DeLuca v. Denis Katchmeric 05/10/2005
Summary affirmance - no error in trial court’s rulings on the issues of equitable distribution and spousal support awards
1807042 Thomas Randolph Lewis v. Courtenay Munford Lewis 05/10/2005
Trial court did not err in dismissing appellant's cross-bill of complaint for annulment of his marriage to appellee
2743031 Lamar Edward Barnes v. Commonwealth 05/10/2005
Trial judge's decision to admit portions of the testimony concerning the deceased victim's pregnancy was harmless error; trial judge did not err in asking the jury to "revisit" the verdict forms as the trial judge was within his power to give the jury an opportunity to correct what he perceived to be a clerical error in the verdicts
2761041 Naomi Brown v. Virginia Retirement System 05/10/2005
Summary affirmance - trial court did not err in concluding that substantial evidence existed in the record to support the Virginia Retirement System’s final case decision denying appellant’s claim for disability retirement benefits
2791042 Labcorp of America and Cigna Property & Casualty Insurance Company v. Kathy C. Bey 05/10/2005
Summary affirmance - commission did not err in finding that appellee proved she sustained a head injury, post-traumatic stress syndrome, and psychiatric problems as a result of her June 13, 2003 compensable injury by accident
2841041 Eugene Blair v. Hampton Department of Social Services 05/10/2005
Summary affirmance – 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(C)
0097041 Christopher D. Hirst v. Commonwealth 05/03/2005
Trial court did not err in finding that the evidence was sufficient to convict appellant of aggravated sexual battery
1321042 David M. D. Lannes v. Marisol Fernandez Lannes 05/03/2005
Trial court did not err in its equitable distribution award, awards of spousal and child support, decision to award spousal support for thirteen years and in allowing each party to retain possession of the personal property obtained at the time of separation
2100042 Steven G. Washington v. Sofia T. Washington 05/03/2005
No error in trial court’s rulings on the issues of equitable distribution, custody and visitation, and attorney’s fees
2188042 Sofia T. Washington v. Steven G. Washington 05/03/2005
No error in trial court’s rulings on the issues of equitable distribution, custody and visitation, and attorney’s fees
2399044 Nathan Boyd, Sr. v. Fairfax County Department of Family Services 05/03/2005
Summary affirmance – trial court did not err in finding that the department of family services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(2) and establishing that the termination of appellant’s residual parental rights was in the child’s best interest
2715041 Commonwealth v. Jeffrey A. Bryant 05/03/2005
Trial court erred in suppressing the incriminating evidence found among the garbage in appellee’s trashcan
2901031 Hakim M. Abdul-Wasi v. Commonwealth 05/03/2005
No reversible error in trial court’s denial of appellant’s motion to suppress the transcript of his confession elicited by police officers on September 23, 2002
0170042 Shawn M. Myers v. Commonwealth 04/26/2005
Trial court did not abuse its discretion in revoking a portion of appellant’s suspended sentences; appellant is procedurally barred from arguing for the first time on appeal that he was financially unable to comply with the terms of his supervised probation
0382042 Joshua Lee Croxton v. Commonwealth 04/26/2005
Trial court did not err in finding evidence sufficient to convict appellant for aggravated sexual battery and taking indecent liberties with a child, admitting statements from a videotaped interview and sustaining the Commonwealth’s motion to quash the subpoenas
1123041 Timothy Martin Barrett v. Valerie Jill Rhudy Barrett 04/26/2005
Trial court did not abuse its discretion in considering the testimony of witnesses wife did not identify in the discovery order, or in its equitable distribution of the parties' assets; trial court erred in classifying wife’s attorney’s fees, incurred in the divorce proceedings and after the parties separated, as marital debt and in apportioning $6,000 of that debt to husband for payment
1171042 Samuel Ferguson v. Commonwealth 04/26/2005
Trial court did not err in denying appellant’s motion to suppress as the challenged entry and subsequent searches were reasonable based on apparent authority
1815042 Michael Raymond Simpson v. Barbara Baganz Simpson 04/26/2005
Trial court did not err in classifying assets as the husband’s separate property, in upholding a deed of partition, and in issuing a prospective ruling; trial court correctly calculated spousal support
1827042 Barbara Baganz Simpson v. Michael Raymond Simpson 04/26/2005
Trial court did not err in classifying assets as the husband’s separate property, in upholding a deed of partition, and in issuing a prospective ruling; trial court correctly calculated spousal support
2487043 Peter Hooper v. Paula Odle 04/26/2005
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
2688044 Nathan Seibert v. Alexandria Division of Social Services 04/26/2005
Summary affirmance – two issues raised on appeal procedurally barred pursuant to Rule 5A:18; as appellant provided no authority for an argument in his opening brief, that argument does not warrant appellate consideration
3031043 Helen L. Agee v. A.H. Robins Company, Inc. and Pacific Employers Insurance Company 04/26/2005
Summary affirmance - no reversible error in commission’s finding that appellant failed to sustain her burden of proving she was entitled to an award of permanent total disability benefits
3132032 Ronald Douglas Cosby v. Commonwealth 04/26/2005
Trial court erred in finding evidence sufficient to support appellant’s conviction of conspiracy to distribute heroin as the Commonwealth failed to prove beyond a reasonable doubt that appellant entered into an agreement to distribute drugs to a third party
0798042 Brian Scott Newport v. Commonwealth 04/19/2005
Trial court did not err in applying the statute’s prima facie presumption of larceny for failure to return bailed property and finding appellant’s evidence insufficient to rebut that presumption
1106042 April Lynn Frey v. Commonwealth 04/19/2005
Trial court erred in convicting appellant for felony child neglect as evidence was insufficient to prove criminal negligence
1340042 Rickie Andrew Binns v. Commonwealth 04/19/2005
Trial court did not err in finding evidence sufficient to support appellant’s convictions for burglary and grand larceny
1367042 Brian Odell Tolson v. Commonwealth 04/19/2005
No error in trial court’s denial of appellant’s motion to dismiss on double jeopardy grounds as appellant failed to establish the identity of the offenses under the facts of this case
3061032 Otis Lee Dinkins v. Commonwealth 04/19/2005
Trial court erred in admitting a certificate of analyzing DNA specimens as the evidence did not establish with reasonable certainty all vital links connecting the evidence as retrieved to the evidence as tested
0995043 Donald Keith Woods v. Commonwealth 04/12/2005
Trial court did not err in finding evidence sufficient to support appellant's convictions for statutory burglary and petit larceny
1335043 Melvin C. Cauley v. Irma W. Cauley 04/12/2005
Trial court did not err in requiring the execution of a trust agreement and deed conveying title to husband’s residence in trust to be held for the benefit of wife, as the remedy for husband’s breach of certain terms of a property settlement agreement
2135043 Giant Food, Inc. and Ahold U.S.A. Holdings, Inc. v. Jerry L. Marcum 04/12/2005
Commission did not err in awarding medical benefits to claimant as the evidence was sufficient to prove claimant's bilateral carpal tunnel syndrome did not result from causes outside his employment
2194043 Staunton Correctional Center/Commonwealth v. Gary L. Sanderson 04/12/2005
Commission did not err in applying the doctrine of imposition to toll the statute of limitations contained in Code Section 65.2-708 and the ninety-day rule contained in Rule 1.2(B)
2261033 Mark Edward Kimberlin v. Commonwealth 04/12/2005
Trial court did not err in finding evidence sufficient to convict appellant of violating Code Section 18.2-461 by giving a false report of a crime to law enforcement officials with the intention of misleading them; other issue raised on appeal procedurally barred pursuant to Rule 5A:18
2337033 Mark Edward Kimberlin v. Commonwealth 04/12/2005
No reversible error in trial court’s admission of an unredacted copy of appellant’s driving transcript from the Department of Motor Vehicles
2637042 Clinton Quesenberry v. Richmond Department of Social Services 04/12/2005
Summary affirmance – trial judge did not err in finding that the Department of Social Services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(1) and 16.1-283(C)(2) and establishing that termination of appellant’s residual parental rights is in the child’s best interest
2698043 Steven Mark Hylton v. Barbara Allen Hylton 04/12/2005
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
3117033 Charles Edward Viars v. Commonwealth 04/12/2005
Trial court did not violate appellant’s Fifth Amendment right against double jeopardy; the trial court had authority to convict appellant of both offenses because his single act was a violation of two distinct statutory crimes
1004041 Ronald Lee Smith, Jr. v. Commonwealth 04/05/2005
No reversible error in trial court’s refusal to sever for trial the felony offenses from the misdemeanor offenses
1433042 James Perry Cason v. Commonwealth 04/05/2005
Trial court did not err in finding evidence sufficient to convict appellant of possession with intent to distribute marijuana
1967043 Estate of Ralph Helton v. Elk Garden Cattle Company and Virginia Farm Bureau Fire, et al. 04/05/2005
No error in commission’s finding that the evidence failed to prove appellant’s injuries arose out of his employment
2299043 Virginia Birth-Related Neurological Injury Compensation Program v. Jona Lynn Williamson, etc. 04/05/2005
Commission did not err in finding that a generator to operate appellee’s life-sustaining equipment was both medically necessary and reasonable; the commission’s ruling did not improperly invade the Program’s ability to manage the fund
2433041 Joy Walker Wesner v. William Henry Wesner 04/05/2005
Summary affirmance – trial court did not err in refusing to order husband to pay wife for 'room and board' for child while she lived at home and attended community college and in ordering wife to pay one-half of child's expenses to attend college
0668042 Wendall Vaccaro McNeal, s/k/a Wendell V. McNeal v. Commonwealth 03/29/2005
Trial court did not err in finding evidence sufficient to convict appellant of possession of cocaine with intent to distribute and possession of a firearm while in possession of cocaine
0783041 Jason Andre Williams v. Commonwealth 03/29/2005
Trial court did not err in denying appellant’s motion to suppress and finding evidence sufficient to convict appellant of possessing a firearm after previously having been convicted of a felony
0831041 John Lester Scott v. Commonwealth 03/29/2005
Trial court did not err in refusing to amend appellant’s indictment to charge second-degree murder
1147042 Rashad Javell Nevon Fraierson v. Commonwealth 03/29/2005
No error in trial court’s finding evidence sufficient to convict appellant of possession of cocaine with intent to distribute and possession of heroin
2250041 Leslie St. Clair Tafe, f/k/a Leslie Tafe Hackemeyer v. John Hackemeyer 03/29/2005
Summary affirmance – Questions Presented (1) through (3) are barred pursuant to Rule 5A:18; finding that a complete transcript or statement of facts of the June 30, 2004 hearing is indispensable to a determination of Question Presented (4), the appeal is dismissed insofar as it pertains to that issue
2656042 Christy D. Carcamo v. Louisa County Department of Social Services 03/29/2005
Summary affirmance – issue raised on appeal is procedurally defaulted under Rule 5A:18
2871041 Newport News Shipbuilding & Dry Dock Company v. Willie E. Bond 03/29/2005
Summary affirmance - no error in Commission’s denial of employer’s application to terminate or suspend appellee’s outstanding award of temporary total disability compensation
2974032 James Thomas Watts v. Commonwealth 03/29/2005
No error in trial court’s finding the evidence sufficient to support appellant’s conviction for grand larceny
3028032 Shawn Andre Barksdale v. Commonwealth 03/29/2005
No error in trial court’s finding evidence sufficient to convict appellant of two counts of robbery and two counts of using a firearm during the course of a felony
3236033 Beverly Lam v. Commonwealth 03/29/2005
Trial court did not err in finding evidence sufficient to support appellant’s conviction for driving after having been declared a habitual offender
0081042 George Washington Ruffin v. Commonwealth 03/22/2005
Trial court did not err in finding evidence sufficient to support appellant’s conviction of possession of cocaine in violation of Code Section 18.2-250
0096042 Antonio E. Tyler v. Commonwealth 03/22/2005
Trial court did not err in admitting a certificate of analysis as evidence proved with reasonable certainty that the seized items had not been altered, substituted, or contaminated prior to analysis
0556042 Joe Earl Harrison v. Commonwealth 03/22/2005
No error in trial court’s finding that appellant violated the terms of his probation of his 1989 suspended sentence
1389041 Supermarket Express, L.L.C., t/a Lagoon v. Commonwealth of Virginia, et al. 03/22/2005
Trial court did not err in affirming the suspension of appellant’s wine and beer on and off premises and mixed beverage restaurant licenses by the Virginia Alcoholic Beverage Control Board
2256041 Lite–Tech, Inc. and Great American Insurance Company v. Antony Eric Charles 03/22/2005
Commission did not err in finding that claimant’s right wrist carpal tunnel syndrome was a compensable consequence of his initial compensable injury, that his change-in-condition application was timely filed, and that claimant reasonably marketed his residual work capacity
2319041 Antony Eric Charles v. Lite–Tech, Inc. and Great American Insurance Company 03/22/2005
Commission did not err in finding that claimant’s right wrist carpal tunnel syndrome was a compensable consequence of his initial compensable injury, that his change-in-condition application was timely filed, and that claimant reasonably marketed his residual work capacity
2328042 Atlantic Plywood Corporation and Lumber Mutual Insurance Company v. Jeffrey Howard Moore 03/22/2005
Appellant did not preserve under Rule 5A:18 issue raised on appeal
2782042 Catherine L. Jenkins v. Arlington (County of) School Board, et al. 03/22/2005
Summary affirmance – commission did not err in finding claimant was not entitled to an award of disability benefits
2989032 David Mark Hales v. Commonwealth 03/22/2005
Trial court did not err by refusing the proffered jury instruction and in finding evidence sufficient to support appellant’s conviction for burglary
0551041 James Osias Simone, Jr. v. Commonwealth 03/15/2005
Trial court erred in convicting appellant of four counts of possession of child pornography as appellant, as a prior tenant, did not have sufficient dominion and control over the computer on June 29, 2002 to conclude that he possessed the images contained therein on that date
0671042 Kenneth Wayne Marchioli-Acra v. Commonwealth 03/15/2005
Trial court did not err in finding evidence sufficient to convict appellant of taking indecent liberties with a child while in a custodial or supervisory relationship
0932041 Bobby S. Hawkins v. Commonwealth 03/15/2005
Trial court did not err in finding evidence sufficient to convict appellant of two counts of aggravated sexual battery
1005041 Teresa Laverne Johnson v. Commonwealth 03/15/2005
Trial court did not err in convicting appellant of driving as a habitual offender; trial court erred in admitting certificate of analysis into evidence
1577044 Amer Samman v. Heather Sharisse Steber 03/15/2005
Trial court did not err in awarding sole custody of the parties’ minor child to wife, considering the case as an initial custody determination, qualifying a witness as an expert in the law of international child abduction, finding appellant’s treating therapist’s testimony insufficient to adequately address appellant’s mental health and ensure a safe environment for the child
1675044 Fatemeh Nasrin Ghods v. John D. Musick 03/15/2005
Trial court did not err in finding the evidence as presented before the Commissioner sufficient to establish desertion as the basis for divorce, requiring wife to pay husband the difference between his full retirement benefits and his reduced retirement benefits and awarding husband 95% of the marital home
2587044 Phyllis A. Filoso v. Prince William County School Board 03/15/2005
Summary affirmance - commission did not err in denying appellant’s claim for temporary total disability benefits and medical benefits as appellant’s claim is barred by the statute of limitations
2693041 LaToyla Ishia Cooper v. Virginia Beach Department of Social Services 03/15/2005
Summary affirmance - trial court did not err in finding evidence sufficient to satisfy the statutory requirements of Code Section 16.1-283(C)(2) and establish that the termination of appellant’s residual parental rights was in the child’s best interest
2714041 Jon Snyder (Deceased), Ava L. Snyder and Nicole L. Snyder v. County of York (Fire), et al. 03/15/2005
Summary affirmance - commission did not err in denying claimants’ motion to reopen the record and for a remand to submit additional medical evidence in support of their claim and in finding that the evidence proved that the deceased’s lung cancer was caused by his cigarette smoking and not his occupational exposure to toxic substances
2921023 Tyrone Maurice Epps v Commonwealth 03/15/2005
Trial court did not err in refusing to instruct on accidental shooting and self-defense as evidence did not support these instructions
0188041 Kerry Lenell Boone v. Commonwealth 03/08/2005
Trial court erred in convicting appellant of felony escape in violation of Code Section 18.2-479(B) as the evidence failed to prove the elements of the offense
0561044 Roy L. Pearson, Jr. v. Rhonda S. VanLowe 03/08/2005
Trial court did not err in determining the date of separation, granting wife a divorce on that basis, and awarding attorney’s fees to wife; trial court erred in omitting husband’s right to a reservation of future support from the final decree
0700042 David South and Zelma South v. Jennifer Rebecca South 03/08/2005
Trial court did not err in granting appellee custody of her infant child as appellants offered no evidence of actual harm to the child if placed in the custody of mother, as was their burden to show
1532044 Argenbright Security, Inc. and Zurich American Insurance Company v. Stanley K. Jackson, Sr. 03/08/2005
Commission did not err in denying employer’s application seeking termination and/or suspension of appellee’s outstanding award of benefits as employer failed to meet its burden of proof to terminate benefits
2523042 Roshan Burns v. Charlottesville Department of Social Services 03/08/2005
Trial court did not err in finding evidence sufficient to support a termination of appellant’s residual parental rights and in admitting hearsay evidence contained within the foster care service plans as the plans qualified for admission into evidence at the termination hearing pursuant to Code Section 8.01-390(A)
2777032 Leroy Leslie Kelly, Jr. v. Commonwealth 03/08/2005
Trial court did not err in denying appellant’s motion to suppress as the police officers “followed in the footsteps” of the firefighters an did not exceed the permissible scope of their intrusion
1229031 Tyrone Alphonso Wilson v. Commonwealth 03/01/2005
Rehearing En Banc granted
2059042 Carl M. Block v. Melinda B. Block 03/01/2005
Summary affirmance – trial court did not err by applying the statutory factors of Code Section 20-107.1, not imputing additional income to wife, ordering husband to pay wife spousal support and awarding wife a portion of her attorney’s fees and costs
2586044 Sonji D. Faulkner v. Chugach Development Corporation and Zurich American Insurance Company 03/01/2005
Summary affirmance - no error in commission’s finding that appellant failed to prove that her bilateral carpal tunnel syndrome constituted either a compensable injury by accident or a compensable ordinary disease of life
3012032 Dermaine Tryelle Shelton v. Commonwealth 03/01/2005
Trial court did not err in denying appellant’s motion to suppress as the officer had reasonable suspicion to detain appellant; no error in trial court's finding evidence sufficient to support appellant’s convictions for possession of a firearm while in possession of cocaine and possession of a firearm by a convicted felon
0160042 Tavares Lamont Brown v. Commonwealth 02/22/2005
Trial court did not err in denying appellant’s motion to suppress evidence seized from him as the officer had probable cause to arrest appellant for possession of prohibited drugs and the subsequent search of his person pursuant to that arrest was lawful; no error in trial court’s finding that the evidence was sufficient to support appellant’s conviction for possession of heroin
1343042 Dale Faith Nelson v. Petersburg Department of Social Services 02/22/2005
Trial court did not err in finding credible evidence to support termination of appellant’s residual parental rights to each of the children as being in their best interests and in admitting testimony by the court-appointed special advocate assigned to the case
2153032 Louis K. Harris v. Commonwealth 02/22/2005
Arguments raised on appeal are barred by Rule 5A:18 as the arguments appellant raised on appeal are not the same arguments advanced at trial
2490041 Jennelle Copley v. Newport News Department of Social Services 02/22/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support termination of appellant’s parental rights to her children as appellant failed to substantially remedy the conditions that resulted in the children’s removal
2505032 Thomas Lee Beazley v. Commonwealth 02/22/2005
Trial court did not err in convicting appellant of three counts of taking indecent liberties with a child in violation of Code Section 18.2-370.1 as evidence was sufficient to prove appellant exercised a supervisory or custodial relationship over the children
0246041 William J. Ross v. Commonwealth 02/15/2005
Trial court erred in finding the Circuit Court of Portsmouth had venue to try appellant for eluding the police as appellant did not receive a “visible or audible signal” from the officer within the jurisdiction of Portsmouth and no factual evidence supports a finding that the completed offense occurred within one mile of the corporate limits of Portsmouth
0301042 Van D. Robinson, s/k/a Van Derrick Robinson v. Commonwealth 02/15/2005
Trial court did not err in finding evidence sufficient to convict appellant of two counts of rape in violation of Code Section 18.2-61
0419042 Jeffrey Edward Porter v. Commonwealth 02/15/2005
Trial court did not err in finding evidence sufficient to support appellant’s convictions for possession of cocaine and possession of heroin
0454031 Michael Helmick v. Melissa Sprong, Raymond Helmick and Betty Helmick 02/15/2005
Trial court did not err in prohibiting great-grandparents from taking child to visit appellant in prison and denying appellant access to child’s medical records
0944043 Jeff Rouse and Tammy Rouse v. Russell County Department of Social Services, Debra Gibson, et al. 02/15/2005
Trial court erred in terminating parental rights of mother before evidence of possible relative placement was before court
1057043 Matthew Cody, Esquire, etc. v. Jeff Rouse, Tammy Rouse, et al. 02/15/2005
Trial court erred in terminating parental rights of mother before evidence of possible relative placement was before court
1074043 Debra Gibson v. Russell County Department of Social Services, James Castle, Thelma Castle, et al. 02/15/2005
Trial court erred in terminating parental rights of mother before evidence of possible relative placement was before court
1357042 Sherri Eubank v. Chesterfield-Colonial Heights Department of Social Services 02/15/2005
Summary affirmance - Issues raised on appeal are procedurally defaulted under Rule 5A:18
2714031 Ronnie Odell Brooks v. Commonwealth 02/15/2005
Trial court did not err accepting an unsigned circuit court order as proof of a prior conviction as the conviction order was properly authenticated by the clerk pursuant to Code Section 8.01-389(A); evidence was sufficient to convict appellant of driving while under the influence of alcohol, third offense within ten years
2971022 Douglas L. Miller v. Commonwealth 02/15/2005
Trial court did not err in ruling that the County’s zoning ordinance is valid, the County had not unlawfully withheld certificates of occupancy; judge’s failure to sign conviction order did not deny appellant his right to due process; judgment of conviction for occupying a structure without an occupancy permit was a valid act as the order met the requirement of Code Section 17.1-123(A)
3206032 Christopher Benjamin Johnson v. Commonwealth 02/15/2005
Trial court did not err in denying appellant’s motion to withdraw his guilty plea; as appellant failed to timely object to the trial court’s sentencing proceedings and to carry his burden of showing “clear, substantial, and material” error, appellant is barred from raising issue on appeal
3244031 Mark Anthony Grethen v. Sandra Lynn Grethen 02/15/2005
Trial court erred in not appointing a committee for appellant prior to the equitable distribution determination as appellant was a prisoner and was entitled to a committee before the trial court awarded a distribution of property; all other issues raised on appeal are procedurally defaulted
0173042 Christina Willis, s/k/a Cristina Deanna Willis v. Commonwealth 02/08/2005
Trial court did not err in finding evidence sufficient to support appellant’s conviction for three counts of indecent exposure in violation of Code Section 18.2-387
0231042 Kendell K. Hooks v. Commonwealth 02/08/2005
No error in trial court’s finding evidence sufficient to support appellant’s conviction of possession of less than one-half ounce of marijuana with intent to distribute
0295044 Labor Finders of Virginia, Inc. and American Casualty Company v. Mario Baldivieso 02/08/2005
No error in commission’s finding that appellee’s injury by accident arose out of his employment
0365042 Kiana Tonye Brown v. Commonwealth 02/08/2005
Trial court did not err in finding evidence sufficient to support appellant’s convictions of disorderly conduct, misdemeanor battery and felony battery of a law enforcement officer; because the officers had probable cause to arrest appellant, she had no right to use force to resist the lawful arrest
0374041 Joseph Cornell Gray v. Commonwealth 02/08/2005
Trial court did not err in finding evidence sufficient to convict appellant of possession of a firearm while in possession of a controlled substance and possession with intent to distribute heroin
0703042 Demetrious M. Green, s/k/a Demetrious Melvin Green v. Commonwealth 02/08/2005
Trial court did not err in denying appellant’s motion to strike as sufficient evidence proved appellant was the person who broke and entered the business
1555042 Donna Mitchell v. The Miller Group and Pennsylvania Manufacturing Association Insurance Co. 02/08/2005
Commission did not err in denying appellant’s request for temporary total disability benefits as the appellant failed to carry her burden of proof to establish an injury by accident arising out of the course of her employment
1561043 Anthony Glen Burnette v. Vera Mae Burnete 02/08/2005
Summary affirmance - trial court did not err in requiring appellant to pay appellee one-half of the difference in price between an offer to buy the marital home and the actual sale price to someone else, and one-half of the real estate commission to sell the house
1736043 Deborah Lynn Inskeep v. Roanoke City Department of Social Services 02/08/2005
Summary affirmance - trial court did not err in terminating appellant’s parental rights as appellant failed to “substantially remedy” the conditions “which led to or required continuation of the child’s foster care placement” within the statutory time period
2018044 Commonwealth v. Debra Lesto Meyers 02/08/2005
Trial court erred in suppressing certain of appellee’s statements as appellee was not subject to a custodial interrogation
2265044 Matthew William Newberger v. Travilian Homes, Inc. and Erie Insurance Exchange 02/08/2005
Summary affirmance - commission did not err in finding that appellant failed to prove that his condition/disability after December 9, 2002, was causally related to his compensable October 31, 2002 injury by accident
2438032 Timothy Wayne Sprouse v. Commonwealth 02/08/2005
No error in trial court’s finding evidence sufficient to support appellant’s conviction of possession of a firearm while simultaneously possessing cocaine
0600043 David Herman Whitt v. Commonwealth 02/01/2005
As Code Section 18.2-271.1(F) grants continuing jurisdiction over any person entering VASAP until successful completion or revocation of the referral, trial court did not err in revoking a suspended jail sentence received for a conviction of driving under the influence second offense as defendant violated the district court’s referral to VASAP by failing to complete the program
1051044 Timothy R. Ranney v. Carol M. Ranney 02/01/2005
Trial court did not err in failing to reduce appellee’s equitable distribution award based on her fraudulent inducement of marriage
1589041 Julio Vallejo, Jr. v. Palms Associates and Associated Indemnity Corporation 02/01/2005
Summary affirmance - no error in commission’s finding that appellant failed to prove he sustained a compensable injury by accident on March 7 or 8, 2001
1595044 Chris Connors Overcash v. Elizabeth C. Albertella, f/k/a Elizabeth C. Overcash 02/01/2005
Summary affirmance – trial court did not err in finding a material change in circumstances, in ruling on mother’s motion to modify visitation, in determining change of visitation would be in child’s best interest and in awarding the child's mother attorney’s fees; trial court did not fail to consider all factors contained in Code Section 20-124.3
2077034 Tray Darnell Conaway v. Commonwealth 02/01/2005
Trial court did not err in admitting the out-of-court statement as the statement was not hearsay because it was not offered to prove the truth of the matter asserted
2141044 E.I.T., Inc. and Chubb Indemnity Insurance Co. v. Priscilla G. Thomas 02/01/2005
Summary affirmance - no error in commission’s finding that appellee proved she did not unjustifiably refuse employer’s offer of selective employment
2257041 Invisible Fencing of Hampton Roads and Erie Insurance Exchange v. Michael Coster 02/01/2005
Summary affirmance – no error in commission’s finding that appellee proved a reasonable excuse for his delay in giving timely notice of his July 1, 2002 injury by accident to employer as required by Code Section 65.2-600 and that employer failed to prove prejudice resulting from the delay in notice
2343044 C. Darrell Jones v. Linda C. Campanelli 02/01/2005
Summary affirmance - trial judge did not abuse his discretion by requiring the husband pay a portion of the unreimbursed medical expenses associated with the son’s therapy, in making the child and spousal support awards, and in denying husband’s request for attorney’s fees
3198031 Phillip Eric Cowell v. Commonwealth 02/01/2005
Trial court did not err in refusing to grant appellant’s proposed jury instruction defining the term “cohabitation” as the jury instruction incorrectly states the applicable law and would confuse or mislead the jury
3232032 Perry Donnell Whitaker, II v. Commonwealth 02/01/2005
Trial judge did not err in denying appellant’s motion to suppress as the officers had reasonable suspicion to investigate possible criminal activity by stopping the car; appellant’s incriminating statements, made after proper Miranda warnings, were admissible evidence
2009041 Tracy D. Paris v. City of Virginia Beach Department of Social Services 01/25/2005
Summary affirmance – trial court did not err by denying appellant’s motion to dismiss the Norfolk petition for termination of residual parental rights; the original petition from Virginia Beach Juvenile and Domestic Relations District Court was dismissed and the defect of that petition has no effect on the jurisdiction and validity of the Norfolk petition and order before this Court
2614034 Ahmer Shaikh v. Commonwealth 01/25/2005
Trial court did not err in excusing two veniremen from the jury panel as the trial court had the discretion to remove any venireman who might be “prevented from or impaired in performing the duties of a juror”; trial court had no affirmative duty to fashion its own definitional instruction to accompany the model concert of action instruction
1229031 Tyrone Alphonso Wilson v. Commonwealth 01/18/2005
Trial court erred by refusing to consider the proffered plea agreement reached by parties the morning of trial; as trial court had sufficient evidence to conclude that appellant was a convicted felon and in constructive possession of contraband, remanded for new trial
1531044 Saeid Montakhabi v. Nayer Montakhabi 01/18/2005
This appeal is dismissed as appellant failed to provide the Court with an adequate record to determine the issues
1965041 S.W. Day Construction Corporation and Pennsylvania General Insurance Company v. Joel S. Coplon 01/18/2005
Summary affirmance - Commission did not err in finding that employer failed to meet its burden of proving that appellee refused to cooperate with vocational rehabilitation and unjustifiably refused a bona fide offer of selective employment
2920031 Joan Coppedge v. Commonwealth 01/18/2005
Trial court did not err in admitting appellant’s statements and physical evidence as the officer effected an “actual custodial arrest” and then conducted a search incident to the arrest
0003041 Willie James Wilson, Jr. v. Commonwealth 01/11/2005
Appellant's convictions of possession of cocaine with intent to distribute and possession of firearm while in possession of cocaine affirmed under Rule 5A:18 where argument raised on appeal was not raised in trial court
0145043 Edward Allen Faines v. Commonwealth 01/11/2005
Trial court erred in not suppressing the evidence as no exigent circumstances existed to justify a warrantless entry
0156044 Roger L. Schoenberger v. Commonwealth 01/11/2005
No error in trial court’s finding evidence sufficient to support appellant’s conviction of stalking as evidence proved appellant’s conduct placed the victim in reasonable fear of bodily injury or sexual assault
0282041 Michael Christopher Humphries, s/k/a Michael A. Humphries v. Commonwealth 01/11/2005
No error in trial court’s finding evidence sufficient to support appellant’s convictions of third offense petit larceny and assault and battery
0406044 Giant Food Inc. and Lumbermens Mutual Casualty Company v. Joann Webb 01/11/2005
Commission did not err in finding that the executed agreements filed August 31, 1998 constituted the filing of a timely claim for benefits as the filings of the parties’ agreements satisfied requirements of Commission Rule 1:1 and fairly apprised the commission that a claim was being made by claimant
0468043 James Douglas Gardner v. Sheila Jeanes Gardner 01/11/2005
Trial court did not err in its valuation of appellant’s medical practice; trial court erred in classifying pension as marital property and in considering the value of the accounts receivable in determining the marital award
0734044 Moneer R. Ishtiwi, s/k/a Mooner R. Ishtiwi v. Commonwealth 01/11/2005
Trial court did not err in denying appellant’s motion to strike as evidence was sufficient to convict him of obstructing justice
0770044 Louise Redditt v. Fairfax County Department of Family Services 01/11/2005
Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant’s residual rights was in the children’s best interests
0771044 Louise Redditt v. Fairfax County Department of Family Services 01/11/2005
Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant’s residual rights was in the children’s best interests
0772044 Louise Redditt v. Fairfax County Department of Family Services 01/11/2005
Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant’s residual rights was in the children’s best interests
0773044 Louise Redditt v. Fairfax County Department of Family Services 01/11/2005
Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant’s residual rights was in the children’s best interests
0871041 Roscoe L. Simpson v. Carol P. Simpson 01/11/2005
Summary affirmance – trial court did not err in denying appellant’s motion as the matters raised in the motion had been previously adjudicated
2189041 City of Suffolk School Board v. Sheila D. Waters 01/11/2005
Summary affirmance – no error in commission’s finding that appellee proved a causal connection existed between her medical treatment and her compensable injury by accident
2327031 Linwood G. Byrd v. Commonwealth 01/11/2005
Trial court did not err in denying appellant’s motion to suppress as the officer had probable cause to arrest appellant for possessing cocaine, the search was reasonable and constitutional
2394032 Timothy Oberry Stith v. Commonwealth 01/11/2005
Trial court did not err in denying appellant’s motion to suppress as appellant’s statements were not obtained in violation of Miranda and physical evidence taken from appellant was properly obtained through the search incident to arrest
2534031 Floyd Ricks v. Commonwealth 01/11/2005
No error in trial court's finding that the affidavit contained sufficient allegations to constitute probable cause for the issuance of the challenged search warrant and that the evidence was sufficient to prove appellant exercised constructive possession of the firearm
2713031 Augustus Mayfield v. Commonwealth 01/11/2005
Trial court did not err in denying appellant’s motion to suppress as the search of a tissue appellant intentionally and voluntarily discarded during a consensual encounter with police and the officer’s recovery of the tissue and its contents was not an unreasonable search or seizure
0342042 Hatari Demon Ross v. Commonwealth 12/28/2004
Trial court did not err in denying appellant's suppression motion as the officer acted within the discretion afforded him under Code Section 19.2-74(A)(1)
0761043 All States Steel Erectors Corp. and Travelers Casualty and Surety Co. v. Terry L. Steele 12/28/2004
No error in commission's finding that claimant is entitled to permanent total benefits as evidence supports the finding that claimant has the required quantifiable functional loss of use to his upper extremities
0861044 Linda G. Headley v. Wendell G. Jewell 12/28/2004
This appeal is dismissed and issues raised on appeal concerning custody and visitation are moot as parties' son is now eighteen years old and no longer a minor
1641034 Amherst County Sheriff's Department, et al. v. Edwin Phillip Martin 12/28/2004
Upon rehearing en banc, award of disability benefits from September 11, 1996 and continuing affirmed
1708041 Richard D. Wilkins v. Georgia-Pacific Corporation 12/28/2004
Summary affirmance - no error in commission's denying appellant's claim for compensation for temporary total disability benefits and for medical benefits as appellant failed to sustain his burden of establishing a reasonable excuse for his failure to give timely notice of his accident to his employer
3226033 David Mark Hales v. Commonwealth 12/28/2004
Trial court did not abuse its discretion in admitting evidence of other crimes at either trial
3258034 Jasper Lee McBride v. Janet A. McBride 12/28/2004
Trial court did not err in valuing and dividing certain marital accounts, in granting wife a portion of husband's pretrial military retirement pay, in failing to classify and value certain marital personal property, and in awarding wife a protective order; trial court abused its discretion in awarding certain separate personal property to wife
0206043 Leon Bryan Presbury, s/k/a Leon B. Presbury, II v. Commonwealth 12/21/2004
Trial court did not err in concluding that it had no discretion in sentencing appellant in firearm offense as the law in effect at the time of offense determines the penalty the trial court must impose
0794043 Virginia Ann Brumfield v. Commonwealth 12/21/2004
Trial court did not err in convicting appellant of petit larceny when appellant was indicted for aiding and abetting third offense larceny as a principal in the second degree, as petit larceny is a lesser-included offense of a violation of Code Section 18.2-104
1208041 Roddy N. Porter v. Brenda J. Martin 12/21/2004
Trial court did not err in retaining jurisdiction to adjudicate equitable distribution as appellant failed to timely object to the entry of the order retaining jurisdiction
1268041 H. R. Ashe and American Eastern, Inc. v. State Water Control Board 12/21/2004
The merits of appellant's claims cannot be reviewed as the record on appeal is insufficient to fairly and accurately determine issues presented
1957041 Sentara Norfolk General Hospital and Royal Indemnity Company v. Doreen Tupper 12/21/2004
Summary affirmance - no error in commission's finding that employer failed to meet its burden of proving that appellee was released to her pre-injury work beginning November 7, 2003
2031031 Rebecca Scarlett Cary v. Commonwealth 12/21/2004
Trial court erred in excluding evidence of the victim's prior threats, and violence toward appellant, and in rejecting appellant's jury instructions on self-defense, right to arm, voluntary manslaughter and heat of passion
0271041 Richard Earl Brock, Jr. v. Commonwealth 12/14/2004
Trial court did not err in finding evidence sufficient to support appellant's conviction for possession of cocaine with intent to distribute
0937043 Apollo Mining Corporation and National Union Fire Insurance Company, etc. v. Dorsey Robert Looney 12/14/2004
No error in commission's award of temporary disability benefits to appellee as credible evidence supports its finding that appellee's injury was casually related to the industrial accident
1079041 Andrea Catherine Williams Key v. James Darren Key, II 12/14/2004
Trial court erred in holding that it had continuing jurisdiction to consider the issue of custody and in awarding father custody as trial court lacked authority based soley on its April 22, 2003 order to exercise continuing jurisdiction over the child custody matter
1336043 Johnnie Keith Foster, Jr. v. Roanoke City Department of Social Services 12/14/2004
Summary affirmance - trial court did not err in finding evidence sufficient to terminate appellant's residual parental rights
1422041 Tulana Forte v. City of Hampton Department of Social Services 12/14/2004
Summary affirmance - argument advanced on appeal was not raised in trial court and is precluded by Rule 5A:18
1878034 Lindsay Elizabeth Wade v. Commonwealth 12/14/2004
Trial court did not err in denying appellant's motion to suppress as appellant was not in custody for purposes of Miranda when she made her pre-arrest statements; appellate review of the certificate of blood alcohol analysis is procedurally barred pursuant to Rule 5A:18
2272031 Michael Anthony Edmond v. Commonwealth 12/14/2004
Issue raised by appellant is moot as the trial court unquestionably did exactly what appellant claims the trial court should have done
2354031 Patrick Ronald Varner v. Commonwealth 12/14/2004
No error in trial court's admitting the certificate of analysis as evidence proved that appellant was arrested for DUI within three hours of the offense
0413044 Sherry P. Smith v. J.C. Penny Co., Inc. and Insurance Company of the State of Pennsylvania 12/07/2004
Commission did not err in denying appellant's claim for benefits as credible evidence supports the commission's determination that appellant's injury did not arise out of the employment
0784043 Gary Lee Melton v. Atlantic Group, Inc. and Liberty Mutual Fire Insurance Company 12/07/2004
No error in commission's determinations that employer's change-in-condition application for termination of benefits complied with the Rules, that claimant failed to market his residual work capacity and that employer's failure to grant claimant's request for vocational rehabilitative services did not relieve claimant from marketing his residual work capacity
0815044 Michael R. Scott v. Elizabeth G. Scott 12/07/2004
No error in trial court's decision to classify condo as wholly marital property and to distribute it evenly between the parties; no abuse of discretion in the trial court's distribution of a tax refund or award of attorney fees to appellee
1231043 Jamie Renee Ferrell Holland v. Jon Andrew Holland 12/07/2004
Summary affirmance - trial court did not abuse its discretion in its spousal support award or in refusing to award appellant her attorney's fees
2929031 Christopher Holmes, s/k/a Christopher Sean Holmes v. Commonwealth 12/07/2004
Trial court did not err in admitting the certificate of analysis as the certificate was filed in the circuit court as required by Code Section 19.2-187
3111031 Anthony Lewis v. Commonwealth 12/07/2004
Trial court did not err in finding evidence sufficient to prove that appellant possessed heroin; trial court did not abuse its discretion in permitting the Commonwealth to pose the challenged hypothetical to its expert witness
0500034 James Edward Bolden v. Commonwealth 11/30/2004
Trial court did not err in finding that sufficient evidence supports appellant's conviction for driving after having been adjudicated an habitual offender
2500034 Hector Cruz Esquibele, a/k/a Hector Enrique-Castro v. Commonwealth 11/30/2004
Trial court did not err by amending appellant's indictment as permitted under Code Section 19.2-231 as the modification did not change the general nature or character of the crime charged
0362044 Darick K. Jones v. Virginia Employment Commission 11/23/2004
Summary affirmance - appellant failed to preserve under Rule 5A:18 any issue raised on appeal
0836044 Sandra Maria Dorough v. Tammy Dorough, f/k/a Thomas Dorough 11/23/2004
No error in trial court's decision to reduce child support payments, as trial court found the appellee was neither voluntarily unemployed nor underemployed
1073034 Sidney H. Storozum v. Monica J. Chernin 11/23/2004
Trial court erred in finding appellant guilty of criminal contempt and in imposing attorney's fees as a sanction; no error in trial court's arrearage award or refusal to require appellant to pay pro-rata share of medical expenses
0353044 Ikhamayyes Jariri v. Division of Child Support Enforcement, etc. 11/16/2004
Trial court did not err in setting amount of child support; issue of whether trial court lacked jurisdiction to consider the merits of case under the principle of comity barred by Rule 5A:18
0916043 Todd Barton Gruettner v. Marna Dedon Gruettner 11/16/2004
Trial court did not err in granting a divorce on the basis of husband's desertion or regarding spousal support and attorney's fees awards
0999042 Helena L. Wood v. Henrico Department of Social Services 11/16/2004
No error in trial court's finding that evidence supports termination of appellant's residual parental rights
1159044 Eric Hunk Wing Yip v. Janet Yip 11/16/2004
Summary affirmance - as appellant's opening brief does not meet the requirements of Rule 5A:20, Court finds appellant's questions presented do not warrant appellate consideration
1272041 Frank H. Gilliland v. Sherry L. Gilliland 11/16/2004
Summary affirmance - no error in trial court's decision concerning equitable distribution award or in award of attorney's fees to appellee related to appellant's motion for reconsideration
1349042 Commonwealth v. Traeon Lavaugh Hill 11/16/2004
Trial court erred in granting appellee's motion to suppress as evidence was obtained pursuant to a valid search within an area subject to appellee's immediate control
1670031 Jason Michael Jones v. Commonwealth 11/16/2004
Trial court did not err in finding evidence sufficient to prove conviction of felony child neglect
1706034 Jodie Michelle Acheson v. Commonwealth 11/16/2004
Trial court did not err in admitting certificate of analysis from appellant's blood alcohol test and in finding evidence sufficient to convict appellant of driving under the influence
2152034 Jose Alberto Navarette-Ramos v. Commonwealth 11/16/2004
Appellant's conviction of recruiting a juvenile to partipate in or become a member of a criminal street gang affirmed under Rule 5A:18 where issue raised on appeal was not raised in trial court
2582034 Manu Kapoor v. Commonwealth 11/16/2004
Trial court did not err by admitting evidence of an uncounseled misdemeanor conviction
3074031 Theodore Lee Everett v. Commonwealth 11/16/2004
Trial court did not err in quashing appellant's subpoena duces tecum as documents not discoverable and in finding search was proper
0015041 C. Ray Davenport, Commissioner, Virginia Labor and Industry v. G.D.C., Inc. 11/09/2004
Trial court applied an incorrect standard in making its determination; the trial court was required to determine under the Virginia Overhead High Voltage Line Safety Act whether the hazard was "open and obvious" and whether G.D.C., Inc. "knew or should have known of the problem [or practice or condition] on the worksite that resulted in [employee's] death."
0106041 Jessie Lovell Smith v. Commonwealth 11/09/2004
Trial court did not err in denying appellant's motion to withdraw guilty plea; credible evidence supports the trial court's denial of the motion
0392041 Bobby Joe Lee Medlin v. Commonwealth 11/09/2004
Trial court did not err in finding that the evidence was sufficient to prove that appellant used the vehicle in question without authority.
0959043 Har-Lee Coal Company, et al. v. Paul Evans Mullins 11/09/2004
The commission did not err in finding that claimant met his burden of proof as the finding is supported by credible evidence and reasonable inferences drawn from the evidence; employer's due process rights were not violated and commission did not err in denying motion to vacate the review opinion and remand the case for further proceedings; doctrine of imposition does not apply.
1776031 Tyrone Edward Eley v. Commonwealth 11/09/2004
Trial court did not err in admitting the juvenile court petition to prove the age of the minor to whom appellant distributed cocaine; even if the arresting officer's testimony regarding appellant's age was erroneously admitted it was harmless error; other evidence provided sufficient grounds from which the trial court could deduce appellant's age.
1904034 Yaw Amoako Frimpong v. Commonwealth 11/09/2004
Appellant's conviction for first-degree murder is affirmed; because Walshaw v. Commonwealth, 44 Va. App. __, 2004 Va. App. LEXIS 483, at * 13 (2004), governs this case, appellant's challenge to the statutory short-form indictment is rejected.
1992031 Warren D. Harrison v. Commonwealth 11/09/2004
Trial court did not err in ordering that the sentences run consecutively when the jury requested that they run concurrently; outcome of case deterimined by statutory mandate of Code Section 19.2-308.
2329031 Randy Leon Canady v. Commonwealth 11/09/2004
No error in imposition of sentence on a probation violation; the original sentence did not exceed the limits proscribed by law.
2665031 Augusta Lee Woodruff v. Commonwealth 11/09/2004
Trial court did not err in denying appellant's motion to strike; evidence was sufficient to support appellant's conviction of embezzlement.
0155044 Robert Thomas Garrett v. Donna Jean Garrett 11/02/2004
No error in trial court's finding various promissory notes unenforceable and in refusing to classify the debts represented by those notes as appellant's separate property
1001041 Charles Nathaniel Brown v. Ophelia Keeling Brown 11/02/2004
Summary affirmance - no error in trial court's award in spousal support and attorney's fees to appellee
1277042 Randy Vernard Anderson v. Felicia Ann Anderson 11/02/2004
Summary affirmance - trial court did not err in allowing use of depositions, in equitable deistribution of parties' property, and refusing to allow appellant to provide rebuttal evidence
2236031 Johnny Norfleet Montague v. Commonwealth of Virginia 11/02/2004
No error in trial court's finding that evidence was sufficient to prove appellant committed forcible sodomy through the use of force, threat or intimidation
2417033 Carl Lamont Elder, IV v. Commonwealth of Virginia 11/02/2004
Trial court did not err in denying appellant's motion to suppress evidence as Court finds evidence was obtained pursuant to a proper custodial arrest
0209044 Connie McGuire v. Frederick County Department of Social Services 10/26/2004
Evidence was sufficient to support trial court's finding that termination of appellant's parental rights to her two minor children was in their best interests and that not reasonably likely that conditions resulting in the abuse and neglect could be substantially eliminated within a reasonable period of time
0436031 April Noelle Lawrence Bahen v. City of Hampton 10/26/2004
Trial court erred in excluding appellant's proffered evidence that speed limit at location where she was stopped and charged with speeding had not been lawfully established
1230041 Newport News Department of Social Services v. Thomas Cooper 10/26/2004
Summary affirmance - Trial court did not err in granting appellee's motion to strike and in dismissing the petitions to terminate his parental rights to his four children
1261042 Ondeo Degremont, Inc., et al. v. Daniel S. Roman 10/26/2004
Summary affirmance - No error in commission's determination that appellant sustained his burden of proving a compensable occupational disease, Mixed Connective Tissue Disorder, arose out of and in course of his employment
2285034 John S. v. Department of Social Services 10/26/2004
No error in trial court's affirmance of administrative finding by appellee that appellant mentally abused his minor son
2607031 Abdul K. Lee v. Commonwealth 10/26/2004
No error in trial court's denial of motion to suppress statements appellant made to the police
0413031 Roy L. Booth, Jr., s/k/a, etc. v. Commonwealth 10/19/2004
Trial court did not err in finding that probative value of admission of related murder conviction evidence outweighed potential prejudical effect
1593043 Rita Ellen Young v. Dickenson (County of) School Board, et al. 10/19/2004
Summary affirmance - No error in commission's decision that appellant failed to prove her right knee injury arose out of her employment
0098042 Beth Faber Ledwith v. James Joseph Ledwith 10/12/2004
Trial court erred in its calculation of the value of appellant's practice for purposes of equitable distribution; matter remanded to trial court for further proceedings
0154042 James Jospeh Ledwith v. Beth Faber Ledwith 10/12/2004
Trial court erred in its calculation of value of appellee's practice for purposes of equitable distribution and erred in failing to make a reservation of appellant's right to request spousal support; matter remanded to trial court for further proceedings
0256043 Shahnaz M. Ahmed v. Syed M. Ahmed 10/12/2004
No error in trial court's finding that certain assets were appellee's separate property and were not to be divided according to written separation agreement
0269043 Syed M. Ahmed v. Shahnaz A. Ahmed 10/12/2004
No error in trial court's finding that appellant failed to establish that parties' separation agreement was unconscionable, in determining effect of reconciliation under agreement or in determining appellee's interest in appellant's practice or former marital residence
0416043 Dept. of Social Services for County of Campbell v. Jerome Woodruff & Rebecca Woodruff 10/12/2004
Court finds that trial court applied an incorrect standard in its review of whether to terminate appellees' parental rights; matter remanded for further proceedings
0432042 Steven E. Hall v. Deborah D. Hall 10/12/2004
Trial court's dismissal of appeal from juvenile court of an order finding appellant in contempt and establishing an arrearage amount affirmed where appellant failed to post an appeal bond including arrearage amount
2230031 Sammy Bernard Tate v. Commonwealth 10/12/2004
Judgment of trial court affirmed where record does not establish that appellant was denied his right to a speedy trial
2548033 Stephen Lamont Spinner v. Commonwealth 10/12/2004
No error in trial court's denial of motion to suppress or in finding evidence sufficient to support convictions of obstructing justice, possessing an imitation controlled substance with intent to distribute and possession of firearm by felon
2638032 Debora Santia Davis v. Commonwealth 10/12/2004
Judgment of trial court affirmed where evidence supported appellant's convictions of disorderly conduct and assault
3268034 Sarah A. Leake v. Donald M. Leake 10/12/2004
No error in trial court's decision that appellant pay one-half of the guardian ad litem fee or in denying her request for an award of attorney's fees
3288033 Susan P. Gauldin v. Wise Hundley Electric Company, Inc., et al . 10/12/2004
No error in commission's finding that appellees proved by a preponderance of the evidence that appellant was released to perform her pre-injury employment
0328042 Petersburg (City of) Fire & Rescue, et al. v. Barry Wayne Wells 10/05/2004
Award of commission affirmed where credible evidence supported findings that appellee had post-traumatic stress syndrome, that it was a disease as opposed to an injury by accident and that it was caused by him employment
0504042 Larry E. Lloyd v. Meredith M. Lloyd 10/05/2004
Judgment of trial court affirmed where evidence supported reduction, not termination, of spousal support
0741043 Christopher Shawn Harris v. Campbell County Department of Social Services 10/05/2004
Summary affirmance - Evidence supported termination of appellant's parental rights to his children
1017044 Eugenio Hernandez v. Dana Lynn Pao 10/05/2004
Summary affirmance - Appellant failed to preserve under Rule 5A:18 any issue for appeal
1018044 Eugenio Hernandez v. Dana Lynn Pao 10/05/2004
Summary affirmance - This Court cannot address issue of whether trial court erred in dismissing as moot appeal of order which granted appellant's counsel's motion to withdraw where appellant did not preserve any issue with regard to support and visitation order
1112033 Robert Shawn Stump v. Commonwealth 10/05/2004
Judgment of trial court affirmed where evidence supported jury's verdict of malicious wounding, limitation of cross-examination of nature of victim's prior convictions was harmless and no probability that had additional impeachment evidence been disclosed, it would have changed jury's verdict
1462034 Luis A. Campos, s/k/a Luis Antonio Campos v. Commonwealth 10/05/2004
Judgment of trial court affirmed where Court finds appellant's issue of whether he could be convicted of attempted grand larceny of vehicle and grand larceny of contents of vehicle under single larceny doctrine barred by Rule 5A:18
1478043 Brandy Wimmer v. Roanoke City Department of Social Services 10/05/2004
Judgment of trial court affirmed where preponderance of evidence supported finding that changing goal of foster care plan from return to parent to adoption was in best interest of children
1665032 George Rendell Walker v. Commonwealth 10/05/2004
Judgment of trial court convicting appellant of two counts of possession of cocaine and marijuana with intent affirmed where evidence proved appellant was aware of presence and character of the drugs and consciously possessed them
1929032 Randall McBrayer v. Commonwealth 10/05/2004
Judgment of trial court affirmed where evidence supported conviction of nonviolent escape from custody, a lesser-included offense of charge of escape by force or violence
2176032 Kelli Renee Edmonds v. Commonwealth 10/05/2004
Judgment of trial court affirmed where evidence sufficient to permit trial court to conclude that appellant acted as a principal in the second degree by aiding and abetting the sale of cocaine and marijuana from her residence
2197032 Daniel N. Leneave v. Commonwealth 10/05/2004
Judgment of trial court denying motion to withdraw guilty pleas affirmed where evidence supported finding that there was no honest mistake of material fact to support withdrawal of pleas
2485034 Booker T. Wider, Jr. v. Commonwealth 10/05/2004
Judgment of trial court affirmed where record fails to present affidavits appellant contends did not provide magistrate with probable cause to issue search warrant for his business
2547032 Robert Chinn, s/k/a Robert D. Chinn v. Commonwealth 10/05/2004
No error in trial court's denial of motion in limine asking to prevent disclosure of fact that appellant was uncle of victim
3063034 Lisa Hogue v. Alexandria Department of Social Services 10/05/2004
Judgment of trial court affirmed where evidence supported termination of appellant's parental rights to her children
0122042 Petri Madeline Vanderveer v. Robert Allen Vanderveer 09/28/2004
No error in trial court transferring primary custody of child from mother to father based on finding that it was in child's best interest
0651033 Ricky L. Pruitt, Sr., a/k/a, etc. v. Commonwealth 09/28/2004
Trial court did not err in excluding testimony regarding admissions made by appellant's son on ground of hearsay or in convicting appellant of two counts of causing his minor son to assist him in distributing marijuana
0733042 Robert C. Jones, Sr. v. Mittie Jones Jones 09/28/2004
Summary affirmance - No error in final decree awarding appellee a divorce
0860033 David George Wheeler v. Commonwealth 09/28/2004
Evidence was sufficient to support conviction of petit larceny where evidence proved appellant knew he did not have enough money or a valid credit card to pay tab at bar
0938044 My Thi Nguyen v. Fairfax County Department of Family Services 09/28/2004
Summary affirmance - Trial court did not err in terminating appellant's parental rights to her two sons
1071042 Michael P. Martin v. Eileen M. Martin 09/28/2004
No error in trial court's denial of motion to modify spousal support based on its finding that there was no material change in circumstances to justify modification
1226044 Nakiah M. Watson v. Didlake, Inc. and Travelers Property Casualty Company of America 09/28/2004
Summary affirmance - No error in commission's finding that appellant failed to prove she sustained an injury by accident arising out of and in course of her employment
1340034 Peter J. Tedford v. Leanne Dean-Bryant 09/28/2004
Trial court exceeded its jurisdiction in sua sponte modifying amount of child support; trial court did not err in awarding attorney's fees to appellee, in declining to hold appellee in contempt or in assessing costs for part of guardian ad litem fees against appellant
1987033 James Randolph Newsome, Jr. v. Commonwealth 09/28/2004
Trial court did not err in denying motion to suppress based on ground that evidence, which was obtained pursuant to a search warrant, was preceded and tainted by a protective sweep of residence
2090034 Timothy Jay Neatrour v. Commonwealth 09/28/2004
Trial court did not err in finding results of preliminary breath test admissible to determine probable cause or in finding evidence sufficient to support conviction of driving under the influence, third or subsequent offense; motion to suppress properly denied
2166032 Maarig Howard v. Commonwealth 09/28/2004
No error in conviction of grand larceny where evidence was sufficient to support conviction and trial court did not err in excluding evidence that a defense witness had filed a complaint against the lead investigator
0073041 S. V. R. v. Hampton Department of Social Services 09/21/2004
Summary affirmance - No error in trial court's finding that appellant's infant son was abused or neglected or at risk of being abused or neglected
0495044 Lloyd T. Hoppe, Sr. and Patricia L. Hoppe v. Eric A. Scholz 09/21/2004
Summary affirmance - No error in ruling of trial court requiring appellants to pay $5,000 of appellee's attorney's fees
0974043 Lisa C. Hammons, Administratrix, etc. v. Pilgrams Pride Corporation, et al. 09/21/2004
Summary affirmance - No error in commission's denial of claim for an award of medical and death benefits
0145031 Thomas Ralph Riffle, Jr. v. Commonwealth 09/14/2004
No error in trial court's refusal to set aside the verdict where appellant alleged witness gave opinion testimony on the credibility of the child victim
0654044 Lillian Doreen Ousji v. Residence Inn, et al. 09/14/2004
Summary affirmance - No error in termination of appellant's open award on grounds that she unjustifiably refused selective employment and unjustifiably refused medical treatment
0842034 Charles Franklin Harland v. Commonwealth 09/14/2004
No error in trial court's refusal to suppress appellant's statements or in finding evidence sufficient to support convictions of two counts of aggravated sexual battery and one count of forcible sodomy
0875043 Courtney M. Davis v. Lynchburg Department of Social Services 09/14/2004
Summary affirmance - No error in termination of appellant's parental rights where evidence satisfied statutory requirements and proved termination was in child's best interest
1172044 Dollar General Corporation #0879, etc. v. Teresa Hartley 09/14/2004
Summary affirmance - No error in commission's denial of appellant's application to terminate award of disability benefits where it found appellee's termination was not for justified cause and was not tantamount to unjustified refusal of selective employment
1714034 James B. Lamberton, et al. v. Peter W. Lamberton 09/14/2004
Order dismissing petition filed pursuant to Uniform Transfers to Minors Act and awarding sanctions against one of the appellants affirmed
2357034 Nhi Al Tran v. Commonwealth 09/14/2004
Trial court did not err in ruling that witness did not waive his Fifth Amendment privilege against self-incrimination and was unavailable as a witness or in excluding as hearsay typewritten letter prepared by appellant and signed by witness
2683033 Felix Cobbs, III v. Commonwealth 09/14/2004
Trial court did not err in admitting evidence of appellant's prior failure to appear for trial, admitting evidence of unrelated incidents of flight or in admitting statements made by appellant on those occasions
3043034 Robert Dale Burroughs v. Frederick (County of ) School Board, et al. 09/14/2004
No error in commission's decision that doctrine of imposition did not apply to permit late filing of appellant's claim
3173034 Anthony A. Morris v. Jacqueline E. Morris 09/14/2004
Trial court erred in equally distributing proceeds of sale of the former marital residence without conducting an evidentiary hearing
0088044 Don Pablos Mexican Kitchen, et al. v. Raymond E. Nice, II 09/07/2004
No error in commission's decision that claimant suffered compensable post-traumatic stress disorder and Meniere's Syndrome from work incident
0108044 Raymond E. Nice, II v. Don Pablos Mexican Kitchen, et al. 09/07/2004
No error in commission's findings that appellant's fibromyalgia was not causally related to work incident, that injuries from incident did not aggravate pre-existing back condition and that evidence did not prove claimant suffered a brain injury as direct result of work incident
0251044 Linda Ann Jenkins White v. Joseph Carter White 09/07/2004
Summary affirmance - Issues of whether there was error in clerk's refusal to file a late pleading and trial court's refusal to admit certain evidence during hearing on motion to reconsider barred by Rule 5A:18; trial court did not err in denying motion to reconsider
0375041 Sherrell Corprew v. Norfolk Social Services 09/07/2004
Summary affirmance - Evidence was sufficient to support termination of parental rights to child
0469032 Michael Lee Townsend, Sr. v. Commonwealth 09/07/2004
No reversible error in trial court's refusal to strike a prospective juror for cause and in admitting evidence of prior bad acts committed by appellant three and four years earlier
0830043 Kathi Ann Conahan-Baltzelle v. Garrett Neil Baltzelle 09/07/2004
Summary affirmance - Trial court did not err in refusing to award appellant a divorce on ground of adultery, in awarding appellee the family dog and certain personal property or in denying her motion for attorney's fees
1025031 Joshua Lucas Perkins v. Commonwealth 09/07/2004
Evidence proved beyond a reasonable doubt that appellant was guilty of attempted statutory burglary
1260044 Charles Francis Carter v. County of Arlington Fire Department, et al. 09/07/2004
Summary affirmance - No error in commission's denial of request for new panel of physicians based on finding that panel offered by employer was not defective
2003034 Mark Merritt, Sr. and Jayne Merritt v. Sandra-Joy Gray 09/07/2004
No error in trial court's finding that appellants failed to prove a material change in circumstances sufficient to warrant modification of 1995 consent order allowing grandmother specified visitation
0812042 Timothy W. Clarkson v. Barbara A. Clarkson 08/31/2004
Summary affirmance - No error in trial court's award of spousal support to appellee
2087034 Nicholas P. Mihnovets v. Sharon Arnold Mihnovets 08/31/2004
No error in trial court decisions pertaining to finding of spousal support arrearages due to appellee, finding appellant in contempt or award of attorney's fees to appellee
2234034 Michael Ray Ashley v. CW 08/31/2004
No error in trial court's denial of motion to suppress as the police officer had reasonable suspicion that appellant was evading roadblock
0819034 Zachary Myron Cooper v. Commonwealth 08/24/2004
Trial court did not abuse its discretion in allowing spectators to wear badges displaying photographs of victims in the courtroom
2494034 Stephen J. Hollis v. Neftal Ann Hollis Burnell 08/24/2004
No error in trial court's finding of contempt of court for appellant's failure to abide by court's final decree regarding payment of military retirement benefits to appellee
2863024 Kinglsey Lynn Enevoldsen, Jr., s/k/a, etc. v. Commonwealth 08/24/2004
Evidence supported conviction of receiving stolen goods; matter remanded to trial court to correct clerical error in final order
3031032 Kathy H. Catlett v. Larry D. Catlett 08/24/2004
No abuse of trial court discretion in those parts of final divorce decree appealed from in this case
3057032 Larry D. Catlett v. Kathy H. Catlett 08/24/2004
No abuse of trial court discretion in parts of final divorce decree appealed from in this case
0339041 William A. Carr v. James City County Division of Social Services 08/17/2004
Trial court had sufficient evidence before it to conclude that appellant was unwilling or unable within a reasonable to remedy his problems with mental health, substance abuse and domestic violence and properly terminated his parental rights to his children
0351042 Robert John Ziolkowski v. Elizabeth Ann Kilburn Ziolkowski 08/17/2004
Summary affirmance - No error in trial court's finding that appellee rebutted marital presumption and traced proceeds back to her separate property in classifying jointly titled property
0499041 Lisa E. Carr v. James City County Divison of Social Services 08/17/2004
No error in termination of parental rights to children where evidence proved appellant failed to substantially remedy conditions that led to placement of children in foster care
1086041 Aysel Jafarace v. Ardogal Jafarace 08/17/2004
Summary affirmance - No error in entry of QDRO which was consistent with the property settlement agreement incorporated into final decree
1094034 Sean Patrick Hawes v. Commonwealth 08/17/2004
Trial court did not err in admitting a National Criminal Information Center report of appellant's convictions under public records exception to hearsay rule to prove petit larceny, third or subsequent offense
2351034 George C. Pappas v. Catherine E. Pappas 08/17/2004
No error in trial court's modification of spousal support award by considering parties' property settlement agreement and negotiations in that agreement, in imputing income to appellant, in making modified spousal support award retroactive or in concluding it was barred from modifying duration of spousal support award
2476033 Neil A. Vacchiano v. Karen M. Speier, f/k/a Karen M. Vacchiano 08/17/2004
No error in trial court's rulings on equitable distribution, temporary spousal support or duration of permanent spousal support; trial court did err in denying appellee's request for a reservation of right to seek future spousal support
2861034 Mark N. Denisar v. Barrett Hauling and Virginia Employment Commission 08/17/2004
No error in trial court's decision affirming VEC decision that appellant was discharged for misconduct in connection with his work and was disqualified for unemployment benefits
0033034 Miguel Velasquez v. Ray Goodwin, Acting Commissioner, Dept. of Social Services 08/10/2004
Decision of trial court reversed which affirmed Department's administrative decision that appellant physically abused his child
0386042 Don Lane Company/Lay Oak Company, Inc., et al. v. Kenneth W. Dean 08/10/2004
Summary affirmance - No error in commission's decision awarding benefits to appellee
0491042 Jermey Jon Curlings v. Heavy Fleet Products, Inc., et al. 08/10/2004
Summary affirmance - No error in commission's decision finding employer not responsible for treatment for closed head injury
0587032 Beverly Bush Kinglsey v. Commonwealth 08/10/2004
Convictions of two counts of embezzlement affirmed where issues regarding improper comments during closing argument and merger of counts are procedurally barred; evidence supported convictions
0639044 Carlos Andres Arias v. United Masonry of Virginia, Inc., et al. 08/10/2004
No error in commission's decision denying appellant's change-in-condition application seeking an award of temporary total disability benefits
0823043 Family Care Home Health, Inc., et al. v. Susan C. Nye 08/10/2004
Summary affirmance - No error in award of benefits to appellee
2282032 Yvonne E. Tate v. United Parcel Service, et al. 08/10/2004
No error in commission's decision refusing to correct its prior opinion and in failing to combine average weekly wages from appellant's two jobs
2770034 Diane M. Davis v. John E. Davis 08/10/2004
No error in trial court's decision determining the amount of child support in accordance with the statutory guidelines and in awarding atty's fees to appellee for appellant's breach of agreement
0617034 Wesley Elton Bailey v. Commonwealth 08/03/2004
No error in trial court's refusal to suppress evidence obtained by police incident to the arrest of driver of truck in which appellant was passenger
0679044 Frances Sheehan Narkiewicz v. Fairfax County School Board 08/03/2004
Summary affirmance - Appellant failed to prove that aggravation of her pre-existing injury was causally related to injury by accident
0694044 Fairfax County School Board v. Frances Sheehan Narkiewicz 08/03/2004
Summary affirmance - No error in commission's finding that claimant's psychiatric condition was causally related to injury by accident
0715042 Richmond Paperboard Company, et al. v. Edward J. Bailey 08/03/2004
Summary affirmance - No error in commission's decision holding employer responsible for medical treatment of claimant's seizures
1495034 Starling E. Lawson v. Commonwealth 08/03/2004
Rule 5A:18 bars consideration of issue on appeal of whether trial court abused its discretion in failing to admit certain proffered testimony
1760034 William L. Wing v. Commonwealth 08/03/2004
Trial court did not err in admitting certificate of blood alcohol analysis and evidence was sufficient to support conviction of driving under the influence
1764034 Mary Kate Johnson, s/k/a, etc. v. Commonwealth 08/03/2004
Evidence was sufficient to support conviction of grand larceny by false pretenses
1917031 Linwood Bernard Sawyer, Jr. v. Commonwealth 08/03/2004
Evidence was sufficient to prove appellant possessed cocaine at issue
0350044 Paula Bruce Montgomery v. Jeffrey Eugene King, Commonwealth, Dept. of Soc. Servs. 07/27/2004
Summary affirmance - Issues raised on appeal barred by Rule 5A:18
0583041 Commonwealth v. Brandon Washington 07/27/2004
Error in trial court's decision suppressing evidence obtained in search of appellant's vehicle
0666041 Robert C. Tindall v. Lynne L. Tindall 07/27/2004
Summary affirmance - No error in trial court's finding that appellant did not prove change in circumstances and denial of motion to reduce spousal support
0750043 Cave Hill Corporation, et al. v. Randall R. Conley 07/27/2004
Summary affirmance - No error in commission's finding that appellee proved his post-traumatic stress disorder constituted a compensable psychological injury
0767041 Commonwealth v. Christopher Wallace Johnson 07/27/2004
No error in trial court's ruling suppressing evidence as appellant did not freely and voluntarily consent to search
2028032 Michale John Brown v. Commonwealth 07/27/2004
Trial court erred in convicting appellant of driving under the influence and reckless driving arising out of same act of driving
3156032 Barbara H. Campbell v. Food Lion LLC, #835 and Risk Management Services, Inc. 07/27/2004
No error in commission decision denying claim for benefits as appellant did not prove injury arose out of and in course of employment
0026044 Jamie Foster v. Fairfax County Department of Family Services 07/20/2004
Summary affirmance - Evidence supported termination of appellant's parental rights
0141041 Philip G. True v. Kathryn G. True 07/20/2004
Summary affirmance - No error in trial court's denial of motion to refer parties' divorce case back to commissioner for second hearing because appellant did not have legal representation at first hearing
0273032 Alexander Almond, Jr. v. Commonwealth 07/20/2004
As trial court erred in improperly limiting cross-examination of victim, convictions reversed and case remanded to trial court.
0616031 Atif Charles v. Commonwealth 07/20/2004
As appellant did not prove ends of justice exception to Rule 5A:18, trial court finding that appellant not entitled to credit towards sentence for time spent in detention center program affirmed.
0746041 Mary Elizabeth Mitchell v. Howmet Corporation and Bankers Standard Ins. Co. 07/20/2004
Summary affirmance - No error in commission's finding that appellant failed to prove an injury by accident arising out of and in course of her employment
0776032 Matthew Normand Ouellette v. Commonwealth 07/20/2004
No error in denial of motion to suppress as appellant consented to search during consensual encounter
2079032 Ray Charles Jones v. Commonwealth 07/20/2004
Trial court did not err in denying motion to suppress and finding that police did not violate appellant's Fourth Amendment rights
2701032 Pierre Michel Silencieux v. Commonwealth 07/20/2004
Convictions of possession of cocaine and possession of cocaine with intent to distribute reversed where evidence did not prove possession
2979033 Mullican Flooring and Bituminous Fire & Marine Ins. Co. v. David Phillip Parsons 07/20/2004
No error in commission's findings that appellee was entitled to change treating physicians and that appellee did not unjustifiably refuse medical treatment
0007033 Richard Craig Young v. Commonwealth 07/13/2004
Conviction of statutory burglary affirmed under Rule 5A:18 where appellant did not argue at trial that evidence was insufficient to prove entry into garage in nighttime
0174044 Robert L. Nolting, Jr. v. Holly L. Nolting 07/13/2004
Summary affirmance - No error in trial court's imposition of sanctions on appellant
0358034 John D. Creekmore v. Commonwealth 07/13/2004
No reversible error found in trial court's decision to admit evidence of appellant's prior drug sales to convicted felon assisting in drug investigation
0502042 American Airlines, Inc., et al. v. Teresa A. Vandendolder 07/13/2004
Summary affirmance - No error in commission's denial of employer's application based on finding that employer failed to prove appellee was able to perform duties of pre-injury employment
0513044 Terrence Antonio Holt v. Fairfax County Sheriff's Dept. 07/13/2004
Summary affirmance - No error in finding that appellant failed to prove hip replacement surgery causally related to compensable injury
0539043 Gregory A. Wimbush v. Zenith Logistics and Fire & Casualty Ins. Co. of Connecticut 07/13/2004
Summary affirmance - No error in finding that commission lacked jurisdiction to hear appeal as request for review sent certified mail to incorrect address not timely filed
0981031 Terry Tyrone Moore v. Commonwealth 07/13/2004
No reversible error in trial court's limitation on appellant's cross- examination of witness about potential bias stemming from federal plea agreement
1270031 Fontaine Lamont Sheppard v. Commonwealth 07/13/2004
Trial court erred in admitting certificate of analysis filed in violation of Code Section 19.2-187
1351034 Francis M. Gonzales, s/k/a, etc. v. Commonwealth 07/13/2004
Trial court erred in admitting evidence of similar crimes to show intent during commission of rape and forcible sodomy as intent not element of crime charged
1494033 Russell Edward Millner v. Dianna Perkins Millner 07/13/2004
As trial court erred in interpretation of antenuptial agreement, issue of equitable distribution reversed; trial court's classification of items and failure to reserve spousal support affirmed
1535033 Dianna Perkins Millner v. Russell Edward Millner 07/13/2004
As trial court erred in interpretation of antenuptial agreement, issue of equitable distribution reversed; trial court's classification of items and failure to reserve spousal support affirmed
1641034 Amherst County Sheriff's Dept., et al. v. Edwin Phillip Martin 07/13/2004
Rehearing En Banc granted
1650032 Richmond Dept. of Social Services v. Victoria Enriquez 07/13/2004
No error in trial court's refusal to terminate appellee's parental rights and in refusal to adopt foster care plan with goal of adoption
1692034 James H. Stallings, Jr. v. Commonwealth 07/13/2004
Violation of peace bond and forfeiture of bond penalty affirmed where no transcript or statement of facts filed and Court cannot determine whether evidence supported violation of terms; Rule 5A:18 precludes argument on whether trial court used incorrect evidentiary standard
2460022 Ernestine Anderson, s/k/a, etc. v. Commonwealth 07/13/2004
On rehearing en banc, judgment of trial court is affirmed for reasons set forth in panel dissenting opinion
2844031 Lafayette Finney v. David F. Mason and Virginia Farm Bureau Fire & Casualty Ins. Co. 07/13/2004
In absence of specific finding that appellant willfully disobeyed stop sign, commission erred in denying benefits
2907033 Arthur Leslie Porter v. Flossie Louise Maples Porter 07/13/2004
Summary affirmance - record supports trial court's finding that appellee was entitled to spousal support
0690031 Christopher Michael Hardin v. Commonwealth of Virginia 07/06/2004
Court finds that as officers did not have probable cause to arrest appellant, trial court erred in denying motion to suppress
0995033 Harless Fitzgerald Rose v. Commonwealth of Virginia 07/06/2004
No error in trial court's decision to allow the Commonwealth to adduce the evidence of a prior robbery committed by appellant
1169031 Shannan C. Robinson v. Commonwealth of Virginia 07/06/2004
Evidence was sufficient to prove conviction of abduction for pecuniary benefit and that element of force and intimidation was present
1279034 Michael Jose Reese v. Commonwealth of Virginia 07/06/2004
No error in trial court's instruction to jury on use of a firearm in commission of malicious wounding when underlying felony charged was unlawful wounding and refusal to instruct jury that mandatory sentences on firearm convictions must run consecutively to other sentences
1310032 William Arnold Robb, Jr. v. Commonwealth of Virginia 07/06/2004
Evidence was sufficient for trial court to conclude that appellant had actual notice that he had been declared an habitual offender and could not lawfully drive
2237031 Richard Eugene Matthews v. Karyl Deanne Rauch Matthews 07/06/2004
Trial court did not err in its classification or distribution of proceeds obtained from settlement with manufacturer of recreational vehicle purchased during marriage
2269032 Kevin Lee May v. Commonwealth of Virginia 07/06/2004
Evidence was sufficient, as a matter of law, to establish that appellant intended to injure the victims and supported his convictions of assault & battery and assault & battery of a police officer
2625031 John Robert Driskill v. Alice Jean Patton Driskill 07/06/2004
No error in trial court's finding that wife was not underemployed and award of spousal support to wife
3247034 Isidoro Rodriguez-Hazbun v. Amalin Hazbun Escaf 07/06/2004
Summary affirmance - no error in trial court's finding that order appealed from juvenile court was not a final order and that it lacked jurisdiction to entertain appeal
0059044 Michael L. Washington v. Stacey Hagens 06/29/2004
Issue raised is barred by Rule 5A:18.
0524033 Kevin Maurice Thomas v. Commonwealth of Virginia 06/29/2004
Appellant lacked an expectation of privacy at the time and place of the search, no error in the denial to suppress evidence seized.
1702031 Saleem Malak Pettey, s/k/a Saleem Malik Pettey v. Commonwealth of Virginia 06/29/2004
Evidence insufficient to prove appellant broke into the premises, convictions reversed.
1730031 William Earl Jones v. Commonwealth of Virginia 06/29/2004
Evidence sufficient to support convictions for attempted robbery and use of a firearm.
1732032 Michael Howard Travis Ramsey v. Commonwealth of Virginia 06/29/2004
Issue raised is barred by Rule 5A:18.
1770032 John Henry Lewis v. Commonwealth of Virginia 06/29/2004
No error in the refusal of the proffered jury instruction.
2367034 Susan Elaine Manola v. Fairfax County School Board 06/29/2004
Summarily affirm: No reversible error in finding that claimant failed to prove the medical treatment received was reasonable and necessary.
2400031 Danette K. Lopez v. Robert N. Lopez 06/29/2004
For the purposes of determining spousal support the trial court erred in considering wife's inheritance as income. Remand for reconsideration of spousal support award.
3191031 Perdue Farms, Inc. v. Robert S. Thomas 06/29/2004
Credible evidence supports claimant's bilateral carpal tunnel syndrome was causally related to his compensable injury.
0378043 Dan River, Inc. v. Calvin K. Alderson 06/22/2004
Summarily affirm: No reversible error, employer responsible for certain medical expenses incurred by claimant.
0441044 Darryl Allmond v. Homeplace and Royal Insurance Company of America 06/22/2004
Summarily affirm: No reversible error in the denial of benefits claim.
0483044 Jose L. Lopez v. Jose Lopez and Travelers Insurance Company 06/22/2004
Summarily affirm: No reversible error in the denial of benefits claim.
0505041 Newport News Shipbuilding and Dry Dock Company v. James J. Preston 06/22/2004
Summarily affirm: No reversible error in awarding temporary total disability benefits, temporary partial disability benefits, and medical benefits to claimant.
1556032 Ryland Thomas Muse v. Commonwealth of Virginia 06/22/2004
Evidence presented was sufficient to support conviction for possession of cocaine with intent to distribute.
2583032 Steven Lee Jordan v. Gemma C.S. Jordan 06/22/2004
No error; the trial court considered the appropriate criteria.
2616032 Gemma C.S. Jordan v. Steven Lee Jordan 06/22/2004
No error; the trial court considered the appropriate criteria.
2893032 Holly James-Dietrich v. Charles P. Dietrich, Jr. 06/22/2004
The trial court did not err in refusing to enter wife's proffered Qualified Domestic Relations Order.
0076041 Commonwealth of Virginia v. Kenneth Maurice Bryant 06/15/2004
Reversing the judgment of the trial court, the stop for the purpose of obtaining information was reasonable.
0235043 El Paso Coal Corporation/Coastal Coal Company, LLC, et al v. Donald L. Clark, Sr. 06/15/2004
Summarily affirm: No reversible error in awarding benefits to claimant for coal worker's pneumoconiosis.
0324041 Commonwealth of Virginia v. Yonas Ermias 06/15/2004
The police officer had reasonable suspicion to search the vehicle; trial court’s decision reversed and case remanded for further proceedings.
1629032 Michael Leon Brooks, Jr. v. Commonwealth of Virginia 06/15/2004
The record supports the trial court's decision that appellee did not suppress evidence.
1686032 Joann Marie Crews Walker v. Commonwealth of Virginia 06/15/2004
The trial court did not err in refusing to give the proffered jury instruction.
2092031 Lucy Davis Hansen, n/k/a Lucy Rockwood v. Eugene William Hansen 06/15/2004
No error in the denial of appellant's motion to declare default.
0155031 Dave A. Thomas v. Commonwealth of Virginia 06/08/2004
No error appellant's constitutional right to a speedy trial was not violated.
1736032 Charles Rudolph Johnson, Jr. v. Carolyn Ingram Johnson 06/08/2004
The trail court determined that husband did not meet his burden of proof and accordingly denied his motion to abate spousal support.
1844032 Howell Watkins Trent, s/k/a Howell Watkins Trent, Jr. v. Commonwealth of Virginia 06/08/2004
The evidence was sufficient to sustain appellant's conviction for assault and battery.
1885032 Chris Charles Deecheandia, s/k/a Christopher De echendia v. Commonwealth of Virginia 06/08/2004
The evidence supported the trial court's inference that appellant believed he was corresponding via the internet, and thus attempting to expose himself to, a child.
1945032 Collin Winfield Shaffer v. Martha Anne Lawton Shaffer 06/08/2004
Issues raised on appeal barred by Rule 5A:18.
2348033 Kroger Company and Continental Casualty Company v. Kathy Wright 06/08/2004
Evidence sufficiently links the compensable injury suffered by claimant with her continuing disability.
3248022 Ronnie Adolphus Noel v. Commonwealth of Virginia 06/08/2004
Issues raised is barred by Rule 5A:18.
3256033 Dalton Enterprises, Inc. and Cincinnati Casualty Company v. David Jason Tompkins 06/08/2004
Summarily affirm: No reversible error finding claimant sustained an injury by accident, and gave timely notice of his injury to employer; and claimant proved he was totally disabled beginning September 13, 2002 and continuing.
3361022 James Sydney Fincham, Jr. v. Commonwealth of Virginia 06/08/2004
The trial court did not err in denying appellant's motion to dismiss.
0178042 William T. Bowling/Ted Bowling Construction v. Joshua Creel 06/01/2004
Summary affirmance; no error in finding employer failed to sustain burden of proving it did not have three or more employees regularly in service and not subject to Workers' Compensation Act
1220033 James Edward Justus v. Commonwealth of Virginia 06/01/2004
No reversible error in exclusion of nature of victim's prior felony convictions
1234033 Jeffery Dewayne Waynick v. Commonwealth of Virginia 06/01/2004
No reversible error in exclusion of nature of victim's prior felony convictions
1291033 Kevin Lee Meadows v. Commonwealth of Virginia 06/01/2004
No reversible error in exclusion of nature of victim's prior felony convictions
1332033 William Lee Hurley v. Commonwealth of Virginia 06/01/2004
Issues raised on appeal barred by Rule 5A:18
1641034 Amherst County Sheriff's Dept., et al. v. Edwin Phillip Martin 06/01/2004
No error in commission's award of disability benefits for heart disease; portion of award for benefits before October 27, 1993 reversed
1866032 Tanya Patrice Washington v. Commonwealth of Virginia 06/01/2004
Evidence sufficient to support conviction of grand larceny
2059024 Ricky Donnell Nelson v. Commonwealth of Virginia 06/01/2004
No error in trial court's discretion in ordering, as a condition of probation, that appellant not operate motor vehicle for twenty years
2175032 Ronald Lee Wilson v. Commonwealth of Virginia 06/01/2004
No error in trial court's refusal to allow appellant to withdraw his Alford pleas to second-degree murder, malicious wounding and use of a firearm in commission of murder
2376033 Melvin R. Jones v. Commonwealth of Virginia, Dept. of Social Services, etc. 06/01/2004
Trial court lacked jurisdiction to entertain appeal of registration and confirmation of child support orders when appellant failed to post an appeal bond on appeal from juvenile and domestic relations district court; judgment vacated and juvenile court order reinstated
2877033 Clinchfield Coal Company v. Gary Paul Souleyrette 06/01/2004
No error in decision of commission finding employer responsible for medical treatment after treating physician retired
0142041 Jodi Lynn Case v. James Samuel Case 05/25/2004
Summarily affirm: No error in the trial court''s final divorce decree.
0153042 G.M.W. General Contractors, Inc. and Selective Insurance Company of America v. Timothy D. Sheffield 05/25/2004
Summarily affirmance: No reversible error in finding that claimant proved he sustained neck and back injuries casually related to his compensable May 23, 2001 injury by accident, and that employer was responsible for payment of medical bills for treatment rendered to claimant.
0165042 Paige L. Thornton v. Philip Morris USA and American Protection Insurance Company 05/25/2004
Summarily affirmance: No reversible error in denying claimant's claim for benefits, and finding that she failed to prove she sustained an injury by accident arising out of her employment on September 10, 2002.
1434033 Julia Long and Tony Long v. Judith Holt-Tilman 05/25/2004
The trial court found that the evidence failed to show that K.L.'s best interests would be served at the time by a return of custody to appellants. The trial court did not abuse its discretion in refusing to return physical custody to the appellant's.
1947031 David Smith, Jr. v. Commonwealth of Virginia 05/25/2004
No trial court error in the denial of motion to suppress.
2151033 Dianna Rowan Featherstone v. Division of Social Services of The City of Danville 05/25/2004
Summarily affirmance: The record supports the trial court's finding that DSS presented clear and convincing evidence satisfying the statutory requirements of Code § 16.1-283(C)(2) and establishing that the termination of appellant's residual parental rights was in the child's best interest.
3102034 Oanh Elliott v. Patrick Elliott 05/25/2004
Summarily affirmance: No abuse of discretion in the judge's custody determination. The record demonstrates that the trial judge carefully weighed the evidence, considered the factors set forth in Code § 20-124.3, as required by Code § 20-124.2, and made extensive findings; the parties request for costs and attorney's fees is denied.
0002042 Stafford (County of) School Board and Viginia Municipal Group, et al. v. Robin Dale Willis 05/18/2004
Summarily affirmance: No reversible error in awarding medical benefits and temporary total disability benefits to claimant, finding claimant proved she sustained a new injury by accident arising out of and in the course of her employment on December 4, 2002, and finding that her disability was causally related to the December 4, 2002 compensable injury by accident.
0090041 Commonwealth of Virginia v. Shawn Anthony Mayfield 05/18/2004
The court's ruling constituted a finding that defendant was seized without reasonable suspicion and that this illegal seizure tainted defendant's consent to search. Because the evidence supports such a ruling, case is remanded to the trial court for further proceedings.
0177041 Lake Taylor Transitional Care Hospital and Reciprocal of America, et al. v. Joyce Elaine Elliott 05/18/2004
Summarily affirmance: No reversible error in awarding benefits to claimant, and finding that claimant proved that she sustained an injury by accident arising out of her employment on October 29,2002.
1686022 Marvin Jay Smith v. Commonwealth of Virginia 05/18/2004
Appellant offered no evidence that the Commissioner violated his statutory duty to mail the revocation notice, habitual offender conviction affirmed.
2026032 Joseph T. Buxton, III and Mary Wakefield Buxton v. Roger A. Murch and Ursula B. Murch 05/18/2004
The actual expenses incurred by the Appellees in enforcing the contempt citation against the Appellants, including the costs for attonrye's fees in defending the Appellants' appeal of the contempt citation, are part of the damages suffered as a result of the contempt and may be included by the trial court as part of the sanctions.
3093031 Deanna Porter v. Department of Human Resource Management, et al. 05/18/2004
Summarily affirmance: Appellant was provided an opportunity to respond to the charges and did so in conjunction with the investigation conducted by NSU's human resources department. She was afforded further opportunity to respond to the allegations through the grievance process of which she availed herself.
3408022 Alfonso Nelson, s/k/a Alphonso Nelson v. Commonwealth of Virginia 05/18/2004
The record supports the trial court's conclusion that no reasonable doubt existed as to the impartiality of the remaining jurors not struck for cause and, thus, that the denial of appellant's mistrial motion did not constitute manifest error.
0070043 Beverly Healthcare Carter Hall and Insurance Company of the State of Pennsylvania v. Arna R. Parsons 05/11/2004
Summarily affirmance: No reversible error in awarding claimant temporary total disability benefits.
0103034 Ira Vincent Hoffman v. Deborah Louise Cass Hoffman 05/11/2004
No trial court error in its classification of appellant's investment account as marital property; its classification of the marital residence as wife's separate property; and its distribution of the marital estate.
0136034 Deborah Louise Cass Hoffman v. Ira Vincent Hoffman 05/11/2004
No trial court error in failing to award appellant spousal support; not reserving for her a right to future spousal support; admitting into evidence the probate file of husband's father; admitting audiotapes of her arguments with husband, and not awarding her attorney's fees.
0649032 Daniel Lee Davis v. Commonwealth 05/11/2004
Evidence presented was sufficient to establish appellant committed statutory burglary.
1311032 Donald James Baker v. Commonwealth 05/11/2004
The evidence supports the trail court's determination that appellant possessed the cocaine with the intent to distribute.
1857031 Idlefonse Rivera v. City of Hampton Department of Social Services 05/11/2004
The issues raised before this Court are procedurally defaulted under Rule 5A:18.
2612031 Doris M. Addenbrook, et al v. Jane Furnald Addenbrook 05/11/2004
Claim raised on appeal procedurally barred under Rule 5A:18.
2798032 Rebecca L. Locksmith v. Chippenham Hospital and Continental Insurance Company 05/11/2004
No error in the commission's determination that appellant's medical care, as it related to the June 18, 2002 surgery, was unauthorized pursuant to Code § 65.2-703.
2927031 David L. Owata v. Pasqualina H. Owata 05/11/2004
Summarily affirmance: The trial court did not err in finding husband in default to fulfilling his obligations pursuant to the agreement and in awarding wife attorney's fees.
0014044 Lisa Ann Travis v. Logicon and Insurance company of the State of Pennsylvania 05/04/2004
Summarily affirmance: No reversible error in the denial for temporary total disability benefits.
0016043 Carolyn Lambert v. Consolidated Glass & Mirror Co. and Pacific Employers Insurance Company 05/04/2004
Summarily affirmance: No reversible error in the denial of benefits based upon its finding that claimant failed to prove compensable occupational disease.
0234034 Thomas H. Dotson v. Rita L. Dotson 05/04/2004
The trial court properly applied the governing statute on equitable distribution to the farm property. The evidence in the record supports the court's findings on classification, donative intent and division. No error or abuse of discretion in the trial court's award.
0559031 Pernell Lee Viney v. Commonwealth of Virginia 05/04/2004
The evidence was sufficient to prove that appellant's movement of his shorts, combined with the eye movement described by the complainants, was enough to deduce that his intent was lascivious.
1098032 Hassan Dibich v. Deborah H. Dibich 05/04/2004
The trial court's determination of the marital values in the several properties is supported by the evidence before it. No error in the trial court's equitable distribution award.
1436033 Virginia Employment Commission v. Anna D. Hill and B. Sheshadri, M.D. 05/04/2004
Reversing the trial judge's order and affirming the Commissioner's finding, claimant voluntarily and without good cause left her job when she "refused to work out a notice period, after being informed of a future discharge."
1517031 Derron Quente Goodman, s/k/a Deronn Goodman v. Commonwealth of Virginia 05/04/2004
The entry into appellant's property without a warrant under the circumstances of this case was unlawful, and the trial court erred in denying appellant's motion to suppress.
1749032 Aaron Nicholas Brown v. Commonwealth of Virginia 05/04/2004
The trial court did not err in convicting appellant of grand larceny.
2992023 Chris Brusant Smith v. Commonwealth of Virginia 05/04/2004
The trial court did not err in refusing the heat-of-passion instruction proffered by appellant.
3220034 American Airlines, Inc., et al v. Eton Anthony Thomas, Jr. 05/04/2004
Summarily affirmance: No reversible error in awarding temporary total disability benefits, temporary partial disability benefits, and medical benefits to claimant.
3349022 Daquan Charles McClam, a/k/a Crevante Duran Beasley, s/k/a Dequan Charles McClam v. Commonwealth 05/04/2004
Probable cause supported an arrest for trespassing and , under the procedural posture of this case, that the trial court's denial of the motion to suppress did not constitute reversible error.
0340031 Carldozia Antonio Peek v. Commonwealth of Virginia 04/27/2004
The trial court did not err in finding that appellant possessed the cocaine and firearm.
1266031 Johnny Earl Cherry v. Commonwealth of Virginia 04/27/2004
Appellant's claims are procedurally defaulted under Rule 5A:18, judgment of trial court affirmed.
1719033 Donnie Lee Lester v. Commonwealth of Virginia 04/27/2004
The evidence of the confession was not inherently incredible, and as a whole was sufficient to support appellant's conviction.
1942032 Christopher G. Webb v. Dawn N. Webb 04/27/2004
The trial court erred in determining the marital share of husband's retirement account at a date other than the date of the parties' separation.
2254033 Deborah L. Miles v. City of Lynchburg Human Services 04/27/2004
Claimant failed to establish the requisite causal connection between her employment and the fall.
2383031 Kevin Strong v. Hampton Department of Social Services 04/27/2004
Summarily affirm: The record supports the trial court's finding that the best interests of the children would be served by changing the foster care plan goal to adoption.
2565024 An Trong Tran v. Commonwealth of Virginia 04/27/2004
The trial court did not err in denying appellant's motions to strike the evidence and set aside the jury verdict.
2923031 Curtis Leon Taylor, Sr. v. MJRW, Inc. and TIG Premier Insurance Company 04/27/2004
Claimant failed to both designate an alternative means of providing his testimony and to comply with the deputy commissioner's order to respond to the employer's July 1 Request for Admissions. The record clearly establishes an adequate basis for the commission to impose the sanction of dismissal and, therefore, it did not abuse its discretion.
2949032 Barbara Marie Abt-Barnett v. Chesterfield-Colonial Heights Department Social Services 04/27/2004
Summarily affirmed: The record supports the trial court's finding that the department presented clear and convincing evidence satisfying the statutory requirements of Code § 16.1-283 and establishing that termination of mother's parental rights is in the child's best interest.
3020022 Ivey Lewis Jones v. Commonwealth of Virginia 04/27/2004
The evidence proved the Department sent appellant a letter informing him of the 1996 habitual offender adjudication. Thus the evidence was sufficient to sustain appellant's conviction of feloniously operating a motor vehicle on May 24, 1999 after being declared a habitual offender.
1570034 Bonnie J. Cooner v. Jason J. Cooner 04/20/2004
The trail court did not err in finding a material change of circumstances that warranted a review of the custody of G.C. and B.C., giving undue influence to the preferences of G.C. and B.C., and finding the evidence sufficient to award custody of N.B and T.B. to husband, who was a non-parent.
1808032 Aaron Danyle Beale v. Commonwealth of Virginia 04/20/2004
The trial court did not err in failing to make such a finding or in admitting the testimony of a Sexual Assault Nurse Examiner.
2346031 Dennis R. Byrd v. Oasis Services, Inc. and Hartford Fire Insurance Company 04/20/2004
Claimant failed to prove as a matter of law that his injury arose out of his employment.
3134031 Homecare of Virginia, Inc. and William S. Jones, Jr. v. Maurice A. Jones, Commissioner, Virginia DSS 04/20/2004
Summarily affirmed: The evidence supports the court's conclusion that appellant willfully refused to remove the residents from his care.
0424034 Kimberly M. Mattingly v. Daniel T. McCrystal 04/13/2004
The trial court erred in awarding attorney's fees contrary to the parties binding contractual agreement, decision reversed.
1421033 Joseph John Hicks v. Commonwealth of Virginia 04/13/2004
No error in the trial court's pretrial amendment of the indictment or its final judgment finding appellant guilty of statutory burglary.
1856033 Teleflex Automotive Manufacturing Corp., et al v. Mildred Honaker 04/13/2004
The commission's decision involves a question of fact and has the support of credible evidence.
1963033 Daugherty Brothers Chevrolet, Inc. et al v. Estate of Ronnie J. Tabor 04/13/2004
No error credible evidence supports the commission's decision.
2720022 Danyel Lorenzo Gray, s/k/a Danyell Gray v. Commonwealth of Virginia 04/13/2004
The evidence was sufficient for the trial court to find that appellant willfully, wantonly and culpably inflicted serious injury on his son such that he demonstrated a reckless disregard for human life.
3030023 Jamie Shannon Gregory v. Commonwealth of Virginia 04/13/2004
The trial court did not err in overruling appellant's motion to suppress.
0473032 Robert P. McKenney v. Commonwealth of Virginia 04/06/2004
Appellant's motions were filed more than twenty-one days after the entry of the final sentencing order entered on December 18, 2001, the trial court did not err in dismissing for lack of jurisdiction appeallant's motion to modify his sentence and to reconsider the denial of his motion to withdraw his guilty plea.
0641031 Eric M. Williams v. Commonwealth of Virginia 04/06/2004
Credible evidence supports the trial court's verdice of attemtped robbery in violation of Code §§ 18.2-26 and 18.2-58.
0760031 Damian L. Hicks, s/k/a Damian Laffit Hicks v. Commonwealth of Virginia 04/06/2004
Sufficient evidence supports appellant's conviction of possession with intent to distribute cocaine. The trial court did not err in convicting appelant for this offense.
1283031 Willie Cephas Branch v. Commonwealth of Virginia 04/06/2004
Evidence sufficient to prove beyond a reasonable doubt that appellant maliciously and intentionally struck the victim in the face without provacation with the intent to inflict serious injury.
2192023 Jeffrey Jason Gardner, s/ka Jeffery Jason Gardner v. Commonwealth of Virginia 04/06/2004
The evidence was sufficient to support appellant's conviction.
2908034 Elizabeth R. McLean and Susan Pollack, as Guardian and Conservator v. John Hull McLean, III 04/06/2004
Summarily affirm the decision of the trial court, awarding husband a divorce and requiring each party to be responsible for his or her own attorney's fees and costs.
3042023 Randall Edward Emerick v. Commonwealth of Virginia 04/06/2004
Evidence was sufficient to prove appellant accomplished the sodomy by "force, treat or intimidation."
3113021 Lamont Antone Wyche v. Commonwealth of Virginia 04/06/2004
The trial court did not err in finding that the victim's death was caused by appellant's unlawful and criminally negligent conduct.
3177034 Vivian M. Henderson v. H. F. Copies, Inc. and State Farm Fire & Casualty Company 04/06/2004
Summarily affirm: Claimant failed to prove she sustained an injury by accident arising out of and in the course of her employment on August 12, 2002.
3182022 Jerome Williams v. Commonwealth of Virginia 04/06/2004
The evidence supports the trial court's finding that a seizure did not occur, and appellant's Fourth Amendment rights were not violated.
3230024 Roy Lynwood Sheppard v. Commonwealth of Virginia 04/06/2004
The trial court did not err in denying appellant's motion to strick the Commonwealth's evidence as to the charge of statutory burglary.
3330022 Robert P. McKenney v. Commonwealth of Virginia 04/06/2004
Appellant's motions were filed more than twenty-one days after the entry of the final sentencing order entered on December 18, 2001, the trial court did not err in dismissing for lack of jurisdiction appeallant's motion to modify his sentence and to reconsider the denial of his motion to withdraw his guilty plea.
0162032 Stuart Lee Harris v. Judy Ballance Harris 03/30/2004
The evidence was sufficient to retrace the husband's separate property,and, therefore, the trial judge's decision is reversed.
0174034 Melissa McCutcheon v. Warren County Department of Social Servics 03/30/2004
The evidence supports the trial court's finding that termination from their mother is in their best interest and that the trial court did not err in failing to continue the case.
0678031 Howard W. Payne, Jr. s/k/a Howard E. Payne, Jr. v. Commonwealth of Virginia 03/30/2004
The first two issues are procedually barred. The third issue, the trial court did not abuse its discretion in admitting the contested testimony.
0696034 Wesley E. Jordan, Jr. v. Susan G. Jordan 03/30/2004
The trial court considered wife's current needs and husband's current ability to pay prior to modifying the amount of spousal support, no error or abuse of discretion in the trial court's award.
0843034 James P. Massa v. Susan E. Massa 03/30/2004
The trial court did not err in its award of spousal support to wife;denying husband's request to impute income to wife; and denying attorney's fees to either party.
1070034 Lionel G. Cardenas v. Commonwealth of Virginia 03/30/2004
The trial court did not err in finding appellant was not illegally detained;marijuana possession conviction affirmed.
1438034 Corestaff Corp. Services Group, et al v. Clifford Llewelyn Carter, Sr. 03/30/2004
No commission's error credible evidence supports findings.
2323031 Sol Angel Perry v. Lavadis Romel Perry 03/30/2004
Summarily affirm: The evidence is sufficient to support the trial court's decision awarding husband a divorce on the ground of a one-year separation.
2368033 Emory Lee Morris v. Dunham-Bush, Inc. and Twin City Fire Insurance Company 03/30/2004
Claimants application for permanent partial disability benefits was barred by the statute of limitations.
2511002 Javon Lydell Booker v. Commonwealth of Virginia 03/30/2004
Upon rehearing en banc, the trial court did not err in refusing to allow defense counsel to question a witness about pending charges.
3305021 McKinley Lee Artis v. Commonwealth of Virginia 03/30/2004
No jury error in find appellant possessed the firearm found under his seat cushion.
0190034 Janice Lee Benthall v. Joe Miller Benthall, Sr. 03/23/2004
The trial court abused its discretion in reducing the spousal support award;reverse trial court decision and dismiss appellee's petition to modify spousal support
0245031 Faruz Razzaq, a/k/a Alonzo C. Peeples v. Commonwealth 03/23/2004
Trial court made a factual finding, supported by the evidence, and appellant was represented by counsel
1387034 Sharon Yvonne Holohan v. John Joseph Holohan, Jr. 03/23/2004
The trial court did not err in the amount of its award of spousal support to wife, in determining the child support award, and in its denial of attorney's fees to wife
1484031 William Deshaune Martin v. Commonwealth 03/23/2004
Rule 5A:18 bars our consideration of this question on appeal
1719021 Delio Anzualda v. Commonweath 03/23/2004
Rehearing En Banc granted
1943032 Saundra L. Ash v. Raymond D. Ash 03/23/2004
Appellant failed to meet her burden to overcome the presumption that the severance package was entirely husband's separate property
2320021 Jerome Anthony Smith v. Commonwealth 03/23/2004
The trial court erred in admitting evidence of a conviction that was not final;decision reversed and remanded for re-sentencing
2441023 Woodrow Lee Abshire, Jr. v. Commonwealth 03/23/2004
Evidence was sufficient to prove appellant's conduct was deliberate, willful, and so gross and wanton as to show a reckless disregard for human life.
2531034 heather R. McDonald v. Bennett L. Minton 03/23/2004
Summarily affirmance: No error in the award of attorney's fees to appellee;case remanded to determine proper amount of the award
2831022 William Michael Burpo, s/k/a William Michael Burpo, Jr. v. Commonwealth 03/23/2004
Rule 5A:18 bars consideration of this issue
2934021 Charles Battle, Jr. v. Commonwealth 03/23/2004
The evidence supports the trial court's judgment that appellant possessed cocaine with the intent to distribute, that he distributed cocaine within 1000 feet of a school, and that he distributed cocaine to a person under the age of eighteen
0086032 Karen Feldman v. Richard Feldman 03/16/2004
As spousal support must be determined before child support obligation is determined, judgment of trial court is reversed and appellee's petition to modify spousal support is dismissed.
3020033 Floyd County School Board, et al v. Randall Woolwine 03/16/2004
Summary affirmance: No error in commission's decision finding appellee's condition and treatment are related to injury by accident, naming his authorized treating physicians and making any referrals by those physicians employer's responsiblity.
3046033 Randall Woolwine v. Floyd County School Board, et al 03/16/2004
Summary affirmance: No error in commission's finding appellant failed to prove total disability and failed to make reasonable effort to market his remaining work capacity.
0006034 Morgan James Brooke v. Commonwealth of Virginia 03/09/2004
No error evidence was properly admitted as a present sence impression.
2271034 Catherine Lorraine McNeese v. John F. Taylor 03/09/2004
Summarily affirm the decision of the trial court;remand the case for a determination of husband's attorney's fees and costs incident to this appeal.
2283022 Saifullah K. Niazi v. Commonwealth of Virginia 03/09/2004
The evidence failed to prove Dr. Niazi was the cause of the public nuisance, and we reverse the convictions.
2370034 Bell Atlantic - Virginia, Inc. and Verizon Virginia, Inc. v David N. Jett, III 03/09/2004
Credible evidence in the record supports the commission's determination that appellant's left carpal tunnel syndrome, and therefore the associated treatment, was causally related to his work-related accident of July 1, 1999.
2735031 Willie Mae Hansell v. Games Farmers Market and Emcasco Insurance Company 03/09/2004
Summarily affirmance: No reversible error in denial of claim of benefits for carpal tunnel syndrome.
2854034 Cornerstone Design Center, Inc. and Erie Insurance Company v. Edwin W. Robertson 03/09/2004
Summarily affirm: Claimant proved he sustained an injury by accident arising out of and in the course of his employment on May 31, 2002
2885034 Marcellus Williams v. Reston Interfaith, Inc. and North American Specialty Insurance Company 03/09/2004
The commission's opinion reflects that it throughly considered the medical evidence and found it insufficient to sustain claimant's burden of proof.
2921031 Federal Express Corporation and Sedgwick Claims Management Services, Inc. v. Melville Edwin Sandefur 03/09/2004
Summarily affirmance: No reversible error in commission's finding that employer failed to prove appellee was no longer disabled as a result of injury by accident.
3100022 Jennifer Lea Widdifield v. Commonwealth of Virginia 03/09/2004
Upon Rehearing En Banc granted.
0303031 Donald Morlin Christian v. Commonwealth 03/02/2004
Trial judge erred in overruling the motion to suppress;conviction reversed
0352034 David Yarborough v. Commonwealth of Virginia 03/02/2004
The jury was properly instructed on the use of prior inconsistent statements at the close of all the evidence, we affirm appellant's conviction and remand for correction of the clerical error.
1661032 Charles Davis Burrell v. Virginia Department of Motor Vehicles 03/02/2004
No error in the decision of the circuit court affirming the Virginia Department of Motor Vehicles' suspension of appellant's driver's license.
2529031 Willie Deshawn Brown v. City of Norfolk, Department of Human Services 03/02/2004
Summary affirmance: Evidence supported termination of parental rights; issue of failure to consider placement with family members procluded by Rule 5A:18.
2530031 Willie Deshawn Brown v. City of Norfolk, Department of Human Services 03/02/2004
Summary affirmance: Evidence supported termination of parental rights; issue of failure to consider placement with family members procluded by Rule 5A:18.
2983031 Dianna L. Kay v. City of Norfolk 03/02/2004
Summary affirmance: No error in denial of claim for benefits as appellant failed to prove she sustained injury by accident arising out of employment.
3071022 Leroy Clinten Morris v. Commonwealth 03/02/2004
Absent proof of actual bias, this court finds no abuse of discretion by the trial court, and affirm its decision.
3288022 Marcus Anthony Jones v. Commonwealth of Virginia 03/02/2004
Evidence sufficiently proved both challenged elements of the offense beyond a reasonable doubt.
3293022 Charles A. Coe v. Commonwealth of Virginia 03/02/2004
No error the circuit court lacked the requisite jurisdiction to modify appellant's sentence.
3366022 Joshua Aaron Aylor v. Commonwealth of Virginia 03/02/2004
Appellant waived his argument by submitting the "weapon" issue to the jury and then expressly conceding the sufficiency of the evidence on this issue, we affirm.
0470031 John Thomas Robinson v Commonwealth 02/24/2004
Burglary conviction reversed as evidence insufficient
1842033 John H. Lindeman v Va Employment Commissoion et al 02/24/2004
No error evidence support claimant lack good cause for quitting
2350021 Sheron Stevenson v Commonwealth 02/24/2004
No error in denying motion for leave to withdraw guilty pleas
2596031 Shirley Simmons v Marshall Darden 02/24/2004
Summarily affirm:Rule 5A:18 bars consideration
2651031 Pamella Lucille (Poe) Chavis v Steven Jerome Chavi 02/24/2004
Summarily affirm: No error in upholding Commissioner's report
2764022 Martha C. Tingle v City of Richmond 02/24/2004
No err in granting motion to quash subpoena duces tecum request
1525034 Michael A. Plunkett v Shaza A. Plunkett 02/17/2004
No error evidence support trial court's conclusions
1937031 Dannie Wilson v Perdue Farms, Inc. 02/17/2004
Summarily affirm:Claimant failed to market residual work capacity
2165031 William T. Perry, Jr. v Hampton Dept' Social Svc. 02/17/2004
Summarily affirm:Rights termination was in child's best interest
2350034 North Star Home Improvement, et al v John W. Heddi 02/17/2004
Summarily affirm:Motion to Compel and for Sanctions denied
2469022 Stephen James Hood v Commonwealth 02/17/2004
Admission of appellant's proffered statements was not in error
2597033 Midway Trucking, Inc. et al v Ron Edward Kelley 02/17/2004
Summarily affirm:Facts and legal contentions are adequate
2681022 Thomas G. Paytes, s/k/a v Commonwealth 02/17/2004
Evidence sufficient to prove elements of Code 46.2-817(B)
3188022 Clifford Henry Menefee, III v Commonwealth 02/17/2004
Evidence sufficient to support burglary conviction
0081031 Antonio N. Woodson v Commonwealth 02/10/2004
No trial court error conviction affirmed
0146034 Shannon Lee Owens v Commonwealth 02/10/2004
No tc error in revoking appellant's suspended sentences
0222034 Felipe Franco v Commonwealth 02/10/2004
Evidence supports distribution of cocaine
0235031 Trondell Askew v Commonwealth 02/10/2004
The issue raised is barred by Rule 5A:18
0394022 Curtis Darnell Hilliard v Commonwealth 02/10/2004
Rehearing En Banc granted
1050032 Douglas L. Miller v Board of Supervisors, King Geo 02/10/2004
Summarily affirm:No error trial court had jurisdiction
1161023 Paul Hartman, s/k/a v Commonwealth 02/10/2004
Evidence sufficient appellant committed the charged offense
1572034 Theresa Andreoni v Michael Andreoni 02/10/2004
No error in admitting parol evidence and interpreting agreement
1600034 Goldie Arnold v Winchester Dept' Social Services 02/10/2004
Summarily affirm:Evidence support parental rights termination
2268022 Carl Anthony Smith v Commonwealth 02/10/2004
No err in finding Commonwealth established a chain of custody
2300024 Richard A. Sullivan, s/k/a v Commonwealth 02/10/2004
No error a continuance would have been prejudicial
2699034 Beck Company, et al v Katherine C. Pipes 02/10/2004
Summarily affirm:Commissions decision no reversible error
2865021 Juanita Delores Marsh v Commonwealth 02/10/2004
Appellant's review procedurally barred;conviction affirmed
2967022 Walter Craig Jones v Commonwealth 02/10/2004
No err in admitting certificate of analysis
3100022 Jennifer Lea Widdifield v Commonwealth 02/10/2004
Issue of credit for time served precluded by Rule 5A:18
3354022 Larry Demetrice Kersey v Commonwealth 02/10/2004
Evidence sufficient to support possession of a firearm & cocaine
0193032 Allen N. Day v Commonwealth 02/03/2004
Evidentiary issue is defaulted;evidence supports conviction
1800031 K. H. v Newport News Dept' Social Services 02/03/2004
Summarily affirm:Termination was in the children's best interest
1837031 K. R. v. York County Dept' of Social Services 02/03/2004
Summarily affirm:Termination was in the children's best interest
1879033 Tri Tube, Inc., et al. v Delores A. Owens 02/03/2004
Credible evidence supports commission's decision
1984032 Kevin S. Voage v Spotsylvania Dept' Social Service 02/03/2004
Summarily affirm:Termination was in the children's best interest
2001034 Commonwealth v Dawud Rasheed Riggins 02/03/2004
Police did not have reasonable suspicion to frisk appellant
2165022 Clinton Orlando Staten v Commonwealth 02/03/2004
Due to Rule 5A:18 we are precluded from considering this claim
3325021 Traye Diason Mitchell v Commonwealth 02/03/2004
No error; evidence supports the carjacking conviction
3357022 Marsha King Ascencio v Commonwealth 02/03/2004
Evidence sufficent;case is remanded for sentence modification
3385021 Darrell Curtis Young v Commonwealth 02/03/2004
No err in the denial of motion to strike a venireman for cause
0008034 Dorothy Mae Latimer v Dennis Brian Latimer 01/28/2004
Judgment reversed;remanded for reconsideration of distribution
0789022 Thomas A. Chilton, Jr. v Commonwealth 01/28/2004
TC did not err in ruling it was without jurisdiction
0954032 Robert Avery Hodo v Amanda Ann Hodo 01/28/2004
No error in award of custody of child and dog to appellee
1417012 Brenda Kislek Samuel v Thomas Franklin Samuel, Jr. 01/28/2004
Case affirmed remand for award to husband of attorney's fees
1426034 Horace Rollins v Alexandria Division Social Servic 01/28/2004
Credible evidence supports termination of parental rights
1756021 Newport News Shipbuilding,et al v Willis M. Richar 01/28/2004
Commission's decision reversed and case is remanded
1886034 James Lee Martin v Margaret A. Goodwin 01/28/2004
No tc error in determining husband was in contempt of court
1960024 Kenneth Franklin Edwards v Commonwealth 01/28/2004
Evidence proved appellant carried a concealed weapon
2419022 Darrick Hamilton Hood v Commonwealth 01/28/2004
Evidence sufficient to sustain firearm possession conviction
2460022 Ernestine Anderson, s/k/a v Commonwealth 01/28/2004
Upon Rehearing En Banc granted
2501012 Brenda Kislek Samuel v Thomas Franklin Samuel, Jr. 01/28/2004
Case dismissed and remanded for award to husband attorney's fees
2540023 Christopher Drew Brooks v Commonwealth 01/28/2004
No error trial court properly exercised its discretion
2677022 Reida K. Morton v Commonwealth 01/28/2004
Evidence sufficient to support felony child neglect conviction
1539031 Brian Gay v Laura Ann Gay 01/20/2004
Summarily affirm:No tc error in awarding support & attorney fees
1752031 Venesa Walker-Duncan v Gary Allen Duncan 01/20/2004
Summarily affirm:No error in trial judge's contempt order
2275031 Alfonzo Robinson v Williamsburg Dept. Social Svc. 01/20/2004
No error evidence support termination of father's parental rights
2457033 Diane Rygielski v Lynchburg General Hospital,et al 01/20/2004
Summarily affirm:Claimant failed to prove employment injury
2609021 David K. McLawhorn v Commonwealth 01/20/2004
TC had jurisdiction;Rule 5A:18 bars issue
2659022 James Antoine Murrow v Commonwealth 01/20/2004
No error evidence sufficient to support conviction
1074034 Anne M. Block v Robert M. Block 01/13/2004
Summarily affirm:Divorce on the June 2002 adultery
1576021 Karing Bethel Medley v Commonwealth 01/13/2004
Petition for Rehearing En Banc granted
1845032 Commonwealth v Herman Michael Green, Jr. 01/13/2004
Commonwealth's petition for appeal was not timely filed;dismissed
1958032 Edward D. Wilson v Diane Wilson 01/13/2004
No err: Contract was valid and enforceable
2301022 Paul D. Jefferson v Commonwealth 01/13/2004
The nunc pro tunc order contained an implicit finding of guilt
1672032 Commonwealth v. Jason Immanuel Coleman 01/06/2004
TC erred in suppressing evidence;reverse ruling and case remanded
2804024 Elizabeth G. Scott v. Michael R. Scot 01/06/2004
Affirm part,reversed & remand to reconsider distribution award
0052034 Donald Steward v Commonwealth 12/30/2003
No err:Claim is procedurally defaulted under Rule 5A:18
0170031 Timothy Lynn Williams, Jr. v Commonwealth 12/30/2003
No err in refusing to permit the general impeachment of a witness
1317023 David Thomas Horn, s/k/a v Commonwealth 12/30/2003
No err:Denying motion to withdraw nolo contendere plea
1395022 Trevor Dion Moody v Commonwealth 12/30/2003
No tc error in denial of motion to quash and dismiss indictment
1659032 B.W. v Richmond Department of Social Services 12/30/2003
Summarily affirm:Evidence sufficient to support termination
1842022 Robert Lee Williams, Jr. v Commonwealth 12/30/2003
No error in denying motion to suppress evidence
2187024 Allan Leigh Rother v Commonwealth 12/30/2003
No tc error in refusing to suppress statements made to police
2203032 Chuck Bennett & Sons Heating, et al v Walter Moncu 12/30/2003
Summarily affirm:Evidence sufficient to support decision
2256033 Clinchfield Coal Company v Ike Bowman 12/30/2003
Summarily affirm:Evidence supports commission's finding
2509023 Mortie J. Dowdy v Commonwealth 12/30/2003
No err:Evidence sufficient to support incest conviction
2550021 Vancelle T. Byrd v Commonwealth 12/30/2003
No err:Ordering appellant be tried jointly with his codefendant
3026022 Richard Matthew Johnson v Commonwealth 12/30/2003
Evidence sufficient to support conviction
0043031 Thurston Trent Keene v Commonwealth 12/23/2003
No error tc had jurisdiction to revoke suspended sentence
0294033 Courtney Lee Simon v Commonwealth 12/23/2003
Evidence sufficient to prove appellant intended to kill
0856031 Shountelle Brazier v Hampton Dept' Social Services 12/23/2003
No err:Evidence sufficient to support termination of rights
1030033 Lorenzo Alphonso Wright v Roanoke Dept' Social Svc 12/23/2003
No err:Termination was in the best interest of the child
1389032 Sodexho Marriott Services,et al v Wanda D. Brocken 12/23/2003
Evidence sufficient to support temporary total disability
1782031 Newport News Shipbuilding,et al v Elaine L. Bailey 12/23/2003
Summarily affirm:Payments made to claimant were "due and payable"
2171022 Windy T. Chambliss v Virginia Retirement System 12/23/2003
Summarily affirm:No err appellant failed to perfect service
2187032 Parkview Nursing, et al v Audrey Dorethea Hickman 12/23/2003
Summarily affirm:Evidence supports commission's decision
2213033 Rhonda K. Daniel v Atlas Roofing d/b/a Falcon Foam 12/23/2003
Summarily affirm:Evidence supports commission's findings
2214021 Kodi Jamelle Wright v Commonwealth 12/23/2003
Judgment affirmed as appellant's issues barred by Rule 5A:18
2231032 Norton Community Hospital, et al v Christina Marie 12/23/2003
Summarily affirm:Credible evidence supports commission's findings
2448033 James Charlton v Tazewell County Dept' Social Svc 12/23/2003
Summarily affirm:Termination was in best interest of the child
2460022 Ernestine Anderson, s/k/a v Commonwealth 12/23/2003
Evidence insufficient to sustain conviction;decision reversed
0058033 Richard Frederick Mott, s/k/a v Commonwealth 12/16/2003
No error in the denial of motion to vacate and grant an new trial
0328033 Rosser Lee Brown v commonwealth 12/16/2003
No error in the denial of motion to suppress
0446031 Eugene Ford v Commonwealth 12/16/2003
Evidence sufficient;no err revoking previously suspended sentence
0455031 Ford v Commonwealth 12/16/2003
Evidence sufficient;no err revoking previously suspended sentence
0986023 Rodney O. Anthony v Commonwealth 12/16/2003
The Court is precluded from hearing arguments per Rule 5A:18
1472022 Rajee El-Amin v Commonwealth 12/16/2003
Upon a Rehearing En Banc Order
1705033 Barry Joseph Lussen v City of Roanoke Fire & EMS 12/16/2003
No error evidence sufficient to support denial of medical claim
1771034 Gwen Mae Smith v Ned Leory Smith 12/16/2003
Summarily affirm:Record not sufficient to determine issues
1889032 Commonwealth v Rashad J. Fraierson and Wendell V. 12/16/2003
TC erred:Ruling officers' seizure & search was unreasonable
2163034 American Services Center, et al v Randy G. Mauck 12/16/2003
Summarily affirm:Evidence sufficient to support commisson's award
2303032 Jack W. Shelar v Ukrop's Super Markets, Inc, et al 12/16/2003
Summarily affirm:Evidence insufficient to support claim
2725023 Phillip Wayne Linkous, Jr. v Commonwealth 12/16/2003
Evidence sufficient to support the rape conviction
2921023 Tyrone Maurice Epps v Commonwealth 12/16/2003
Evidence did not support an instuction on accidental shooting
0845034 Patrick Francis Peck v Catherine E. Peck 12/09/2003
Summarily affirm:No err in the denial of motion to reduce support
1576021 Karing Bethel Medley v Commonwealth 12/09/2003
Appellant's did not waive rights;conviction reversed
1727031 Louis Blount Fauntleroy v Surry County School,etal 12/09/2003
Summarily affirm:Claimant's evidence insufficient support injury
1876021 Ulysses Lee Keeling v Commonwealth 12/09/2003
Claim was not presented to tc;Rule 5A:18 prevents addressing
1920034 Karl W. Meyers v Mary C. Meyers 12/09/2003
Summarily affirm:No error in sustaining the mother's demurrer
1936024 Therese Stroupe, et al v Sonia Rivero, Commissoner 12/09/2003
No tc error on contemp of court charge
2083021 Temeaka M. Harris v Commonwealth 12/09/2003
Evidence sufficient to support maiming conviction
2299024 Steven Paul O'Connor v Lorelei O'Connor 12/09/2003
Memorandum of understanding was binding and enforceable agreement
2594023 Albert Wayne Sample v Commonwealth 12/09/2003
Evidence of guilt sufficient to support intent-to-distribute
2860021 Demetrius Covil v Commonwealth 12/09/2003
Evidence supports conviction
3183021 Ronlondo Lavar Moody v Commonwealth 12/09/2003
No err:Refusal to hear appellant's untimely motion to suppress
3257023 Nick Cobble v Commonwealth 12/09/2003
No err:Evidence supports conviction of felonious property damage
3376023 Karl Ray Tuck v Commonwealth 12/09/2003
Evidence supports grand larceny conviction
0211034 Frederick C. Klein v Karen N.E. Klien 12/02/2003
TC erred in prohibiting the payment of management fee to husband
0432031 Genearl Melvin Gary v Commonwealth 12/02/2003
Err: Appellant's arrest was not supported by probable cause
1237033 The Lakehouse Restaurant, et al v Madonna A Tiller 12/02/2003
No error evidence supports commission's decision
2578024 Jesse Lightner Park v Commonwealth 12/02/2003
No tc error in the conviction or probation sentencing
3005023 Tameka James, s/k/a v Commonwealth 12/02/2003
No err:Evidence sufficient to support conviction
3318023 Sherman O. Davis v Commonwealth 12/02/2003
No err:In the denial for a jury trial request
3339023 Eric Lamont Payne v Commonwealth 12/02/2003
No error evidence supports obstruction of justice conviction
0924031 Roscoe L. Simpson v Carol P. Simpson 11/25/2003
Summarily affirm:No tc err in the denial of motion for relief
1313031 R.W. & P.W. v Chesapeake Dept' of Human Services 11/25/2003
Summarily affirm:Evidence sufficient to support termination
1463033 Clinchfield Coal Company v Roger Lewis Jordan 11/25/2003
No err:Commission's decision supported by credible evidence
2316024 Michael Bernard Dorsey v Commonwealth 11/25/2003
No err in denial of motion to suppress evidence
2450022 Orlando Lawrence Covington, Sr. v Commonwealth 11/25/2003
Evidence sufficient to support second-degree murder conviction
2531023 Roy Denver Sluder v Commonwealth 11/25/2003
No err in the refusal to grant appellant's mistrial motion
2767021 Marcus Lemont Bailey, s/k/a v Commonwealth 11/25/2003
TC did not err in denying motion to suppress
2997024 Clifford M. Scheid v Commonwealth 11/25/2003
No err:Excluding the testimony reqarding homicide investigations
3076023 Lynn Spencer Conrad v Commonwealth 11/25/2003
Appellant's guilty plea waived her right to appeal
3232023 Jay Franklin Hogston v Commonwealth 11/25/2003
Evidence prove appellant knowingly possessed cocaine
3282023 Charles Lee Argenbright v Commonwealth 11/25/2003
No err in the admission of reports proving prior convictions
0298031 Sherman Roundtree v. Commonwealth 11/18/2003
In revocation proceeding, tc erred in exceeding previous sentence
0588031 In The Matter of Sanctions Against Diane Fener,Esq 11/18/2003
Err: Trial court abused its discretion;case reversed and remanded
1973032 Jason Shortt v. LDC Masonry, Inc, et al 11/18/2003
Summarily affirm:Injury did not occur during course of employment
2451024 John Edward Williams v. Commonwealth 11/18/2003
The tc did not err in admitting the certificate of analysis.
2676023 Jeffrey Neal Coleman v. Commonwealth 11/18/2003
No err:Denying motion to suppress or refusing jury instructions
0082031 Davina Austin v Commonwealth 11/12/2003
No err in the denial of the motion to suppress the cocaine
0106034 Curt C. F. Wolters v Sylvana Wolters 11/12/2003
No err in tc directing the preservation of assets, case remanded
0363031 Robert Jasper Young v Commonwealth 11/12/2003
Evidence sufficient to support the robbery conviction
0421024 Bruce Corey, s/k/a v Commonwealth 11/12/2003
Err:Prior conviction was not "substantially similar";case remanded
0694032 Stephen W. Rudd v Regina A. Rudd, a/k/a 11/12/2003
TC did not err by failing to reduce support by a greater amount
0772033 Consolidated Equipment, et al v Gary L. Cumbie 11/12/2003
Evidence supports award of temporary total disability benefits
1203034 Michael Jokich v Marilee Jones 11/12/2003
Summarily affirmed:Evidence does not support a modification
1439023 Frank Jason Grooms v Commonwealth 11/12/2003
Err;tc had no jurisdiction to impose probation upon appellant
1853034 The Geon Company, et al v Wallace O. Peacemaker,Sr 11/12/2003
Summarily affirm:Evidence supports the commission's award
1896034 Brenda D. Coates v The Gap, Inc., et al 11/12/2003
Summarily affirm:Evidence did not prove employment injury
1972021 Daren Guy Peck, s/k/a v Commonwealth 11/12/2003
No tc err:Evidence supports attempted malicious wounding
3036014 Young Uk Everett v Commonwealth 11/12/2003
No final conviction order;court lacks jurisdiction,case dismissed
3065021 Sharef McDowell v Commonwealth 11/12/2003
No err evidence supports appellant waived his miranda rights
0231032 Jane O'Donnell v Petersburg Redevelopment, et al. 11/04/2003
No error evidence failed to support panel's decision
0393032 David Edwin Saunders v Eleanor Marie Saunders 11/04/2003
Summarily affirmance no objection to use of depositions
1436021 Phillip McCurtis Askew, Jr. v Commonwealth 11/04/2003
No err in the denial to suppress confession and certain evidence
2022021 Benita Frances Black v William V. Powers, Jr. 11/04/2003
Court is without jurisdiction and dismisses this appeal
2467024 Marvin Dirceu Minas Urbina v Commonwealth 11/04/2003
No trial court error evidence sufficient to support conviction
3181021 Mahtorhee Lycurgus Bell, III v Commonwealth 11/04/2003
Evidence sufficient to support breaking and entering conviction
0005031 Wendy S. Behnke v Mark J. Behnke 10/28/2003
Err:no jurisdiction to make initial child custody determination
0030031 Ellis Wayne Bowden v Gail Ann Bowden 10/28/2003
Reservation of spousal support and equitable distribution vacated
0057032 Yasheka DeHart v Richmond Dept' Social Services 10/28/2003
Summarily affirm: No err in termination mother's parental rights
0197033 Patsy Anne Eakin Williams v James Michael Williams 10/28/2003
No error in tc decision to sustain husbands demurrer
0591032 Sherman C. White, s/k/a v Commonwealth 10/28/2003
Evidence sufficient to prove possession with intent to distribute
0683032 Jack Michael Nelson v Petersburg Dept' Social Svc 10/28/2003
Summarily affirm:Termination of residual parental rights
0801032 Cortney Steele Brewerton v Alissa A. O'Meara 10/28/2003
Summarily affirm:TC did not abuse its discretion
0809032 Gloria Singleton v Richmond Dep't Social Services 10/28/2003
TC did not err by terminating mother's parental residual rights
1488033 Commonwealth v Victor Perry 10/28/2003
No err in the tc ruling granting motion to suppress evidence
1643032 United Parcel Services,et al v Michael S. Bradshaw 10/28/2003
Summarily affirmed:No commission error based on evidence
2383021 Betty Kenyon v Commonwealth 10/28/2003
Sufficient evidence to support conviction
2554021 Jhyy Demond Chubbick v Commonwealth 10/28/2003
Judgment affirmed as no argument on specific issue granted
2637021 Sylvester Jones, s/k/a v Commonwealth 10/28/2003
No tc error in determining probation violation
0580032 Lloyd H. Brown, Sr. v Rosalind H. Brown 10/21/2003
Summarily affirm;evidence supports trial courts decision
1184023 Amos Jeffrey Hundley v Commonwealth 10/21/2003
No err Code 18.2-308.2(A) prohibited possessing a firearm
1410022 Donnie McNeil Dotson v Commonwealth 10/21/2003
Evidence failed to prove charge;conviction reversed
1755031 Linwood W. Burt v McLean Contracting Company et al 10/21/2003
Summarily affirm;no err in refusing to docket claimants claim
1759022 Austin E. Brumskill v Mary Brumskill 10/21/2003
No err in contemp charge and denying modifying support motion
1882023 Red Baron Coal Company, et al v Harold L. Hess 10/21/2003
Evidence insufficient;commission's award reversed and dismissed
2200022 Steven Gordon Keene v Commonwealth 10/21/2003
No error defendant never objected to the continuance of his trial
0075032 George Thomas West, Jr. v Patricia West 10/14/2003
No err as child care expenses was reasonable and necessary
1121022 Kevin Alexander Connell v Commonwealth 10/14/2003
No err:granting instruction 15 and refusing proposed instruction
1152032 Sonia Williams v Chesterfield Dept. Social Service 10/14/2003
Summarily affirm:No err admitting prior social worker's notes
1175032 Charles Walker v Chesterfield Dept. Social Service 10/14/2003
Summarily affirm;Evidence sufficent to terminate parental rights
1394022 Betty Ann Nuzzo v Commonwealth 10/14/2003
Evidence sufficient to support conviction
1481022 Howard C. Weis v Commonwealth 10/14/2003
No error evidence sufficient to support conviction
1499022 Leon Parrish Marshall v Commonwealth 10/14/2003
No error evidence sufficient to support conviction
1618034 Washington Gas Light Company v Nadine Thompson 10/14/2003
Summarily affirm:No error commission's evidence sufficient
2144022 Antoine Clayton Smithers v Commonwealth 10/14/2003
Evidence sufficient to support conviction
2162021 Justin Lenard Randolph v Commonwealth 10/14/2003
Evidence sufficient to support grand larceny conviction
2455022 Marcus Gilliam v Commonwealth 10/14/2003
No error evidence supports conviction
2508022 Dalian Keith Green v Commonwealth 10/14/2003
Code 19.2-294 did not bar as state charges filed first
2870022 Mark Anthony Johnson v Commonwealth 10/14/2003
Evidence insufficient to support felony escape charge
2917021 Merlin McQue Harris v Commonwealth 10/14/2003
No error in the denial to withdraw guilty pleas
1128023 Roger Dean Poindexter v Commonwealth 10/07/2003
No error appellant knowingly and intelligently waived his rights
1390022 Ashley Nicole Jarrett v Commonwealth 10/07/2003
No error tc incorporated "time spent" in its commitment order
1688023 James Russell Parrish v Commonwealth 10/07/2003
Sufficient evidence supports conviction for unlawful wounding
1799023 Alvin Lee Plumley v Commonwealth 10/07/2003
No error in the denial of motion to withdraw guilty plea
2993021 Walter Thomas Golembiewski v Gae Susan Golembiewsk 10/07/2003
Err finding partie's waived equitable distribution
3158023 Noah Horn Well Drilling, et al v Donald J. Blanken 10/07/2003
No error evidence sufficient to support commission's decision
0645031 Latoyla Cooper v Virginia Beach Dept. Social Svc. 09/30/2003
Evidence sufficient to prove child neglect.
1125032 Maria Sanchez v Richmond Dept. of Social Services 09/30/2003
Summarily affirmed:Evidence suff to support termination of rights
1126032 Tariq Kirby, Sr. v Richmond Dept. Social Services 09/30/2003
Summarily affirmed:Evidence suff to support termination of rights
1156032 Hayden D. McMillian v Jacqueline A. McMillian 09/30/2003
Summarily affirmed:No err contemp ruling;wife's attorney fee's
1230031 Newport News Shipbuilding,et al v William A. Winst 09/30/2003
Summarily affirmed:No error evidence sufficient to support award*
1444024 Richard Lee Paige v Commonwealth 09/30/2003
Evidence sufficient to convict of cocaine distribution
1677032 Maria Sanchez v Richmond Dept. Social Services 09/30/2003
Summarily affirmed:Evidence suff to support termination of rights
2126024 Mirabile Corporation, et al v Va. Alcoholic Bev. 09/30/2003
No err:Evidence supports selling to underage buyer.
2244022 Luther Bruce Buchanan v Bonnie Buchanan 09/30/2003
Trial court did not err in considering husband's debts.
2516024 Gloria A. Claure v Neil F. Murray 09/30/2003
No tc error on grounds of Rule 5A:20(e)
3365012 Maria Janine Cherry v Commonwealth 09/30/2003
No error evidence sufficient to prove third offense petit larceny
0532023 Kimberly Dawn Ratliffe v Commonwealth 09/23/2003
Evidence sufficient to prove felony child neglect
0859034 Jayne Renee Athey v Robin Dwane Athey 09/23/2003
Summarily affirmed;evidence sufficient to support decision
1228031 Duane C. Casada, et al v Duane C. Casada 09/23/2003
Summarily affirmed; no err record supports commission's findings
1344033 Gene Leighton Smelcer v Dickenson County, et al 09/23/2003
Summarily affirmed;claimant failed to prove de facto entitlement
1380034 Nasima Kandahari v Va. Dept. of Motor Vehicles 09/23/2003
Summarily affirmed;No error claimant's evidence insufficient
0566034 Kiamalia Emerson v John S Emerson 09/16/2003
TC did not abuse its discretion in awarding joint custody
0763033 Coastal Mart, Inc., et al v Randy L Wampler 09/16/2003
Evidence supports commission's awarding TTD benefits to claimant
1080032 S.B. Cox Ready Mix Inc., et al v Wayne J Saunders 09/16/2003
No commission err evidence sufficient to support award
2015023 Robert Elvin Ingram v Commonwealth 09/16/2003
Tc error violation of Code 18.2-266 conviction reversed
2520024 Fed Mogul Friction Corp.,et al v Gerald W Butcher 09/16/2003
No error credible evidence supports commission's findings
0564022 Nathan D. Zasler v. Carol P. Zasler 09/09/2003
Trial court did not abuse discretion in determining support
0858032 Robert Deane v Ellen Gardner, a/k/a Ellen Deane 09/09/2003
Summarily affirmed No err in the denial of custody motion
1000032 Commonwealth v. David Garland Elliott 09/09/2003
Trial court erred in granting motion to suppress
1100031 Musso's Towing, Inc. v Steve Wall 09/09/2003
Summarily affirmed Claimant employee not independent contractor
1766022 Edward Ray Jones v Va. Elevator Company,Inc. et,al 09/09/2003
Commission did not err:claimant's injury did not arise at work
2125022 Bernard Jere Member v. Commonwealth 09/09/2003
Evidence was sufficient to support conviction
2166022 William R. Marvin v Rountree Construction, et al 09/09/2003
No error claim was time-barred by Code 65.2-708(A)
0428031 Regina Jenkins v City Newport News Dept. Soc Svc. 09/02/2003
No tc error in terminating mother's parental rights
0598032 Kelly Baker v Richmond Dept. Social Services 09/02/2003
Summarily affirm;evidence sufficient parental rights terminated
0604033 Rosa G. Harris, et al v Katherine A. Boxler 09/02/2003
Summarily affirmed:no error in denial of visitation petition
0926022 Christopher D. Strong v Commonwealth 09/02/2003
Evidence sufficient to support conviction
0994032 Charles L. Bell v Brunswick Correctional Cntr 09/02/2003
Summarily affirmed:no error employer not responsible for cost
0301033 Sandra Parker v Lynchburg Division of Soc Services 08/26/2003
Summary affirmance No error in award of child's custody to father
0637032 Shanna Harvey v Richmond Dept of Social Services 08/26/2003
Summary affirmance No error in termination of parental rights
0806023 Daryl Thomas Johnson, Jr v Commonwealth 08/26/2003
No error in conviction of possession of cocaine with intent
0922032 Mary Agnes McCarthy Johnson v Region Ten Community 08/26/2003
Summary affirmance No error in refusal of benefits or evidence
0971034 Alfred F Howington v Image Works Landscapt Mgmt 08/26/2003
Summary affirmance Claimant failed to prove injury by accident
1017033 Carole E Vance v Lowes of Staunton, et al 08/26/2003
Summary affirmance Claimant did not prove total disability
1724022 Joseph E Beck, III v Stacey Westwood, f/k/a, etc 08/26/2003
Summary affirmance No error in denial of motion to reduce support
0037022 Richard Earl Gillard v Commonwealth of Virginia 08/19/2003
Evidence sufficient to sustain all five convictions
0484033 Montgomery R. Gochenour v Kathleen M. Gochenour 08/19/2003
No err:awarding wife attorney fees; denial of husband continuance
0653033 VA Industrial Service et al v Kenneth Scott Miller 08/19/2003
Summarily affirm: commission did not err claimant filed timely
0905034 Metro Washington Airports et al v. John L. Bispo 08/19/2003
Summarily affirmed: No err medical evidence sufficient
0916031 Larry Barnes v. Norfolk Division of Social Service 08/19/2003
Summarily affirmed; No err in terminating parental rights
1079034 Church Mutual Ins Co v Charles Vincent Shifflett 08/19/2003
Summarily affirm; no err in awarding disability benefits
1982022 VA Alcoholic Beverage Control Board v Little & Tal 08/19/2003
Evidence insufficient to establish a violation of the statute
0302032 ABC v XYZ 08/12/2003
Summarily affirm tc order for father's intensive psycotherapy
0378031 Joann Gibson v Newport News Dept Social Services 08/12/2003
Evidence sufficent to terminate parental rights
0665033 Wellmont Lonesome Pine Hosp et al v Connie Cantor 08/12/2003
Summarily affirm commissions decision evidence sufficient
0666031 Commonwealth v Edwin Louis Green, Jr. 08/12/2003
Tc erred in granting motion to supress evidence
2832022 Waki Lewis, Sr. v Fredericksburg Dept of Soc Svc 08/12/2003
Summarily affirm evidence sufficient to prove child neglect
2913021 Brian Lee Winebarger v Sandra Sulik Winebarger 08/12/2003
Tc erred in reserving spousal support to wife
3276021 Ruth Deard v Riverside Regional Med Center, et al 08/12/2003
No error commissions findings are supported by credible evidence
0536034 Victor Espinoza v Claudia Espinoza 08/05/2003
Summarily affirm:no err in dismissing child support award appeal
0706033 Lowe's Lynchburg, No. 0082 et al v Cynthia Andrews 08/05/2003
Summarily affirm: no commission error evidence sufficient
1490021 Mark Anthony Powell v Commonwealth 08/05/2003
Evidence sufficient to prove possession of a firearm
1947024 John David McBride v Commonwealth 08/05/2003
Evidence sufficient to prove embezzlement
0368034 Peter J. Archuleta v Fanny A. Osco 07/29/2003
Summary affirmance: no error in denying contempt motion
3132024 Despina H. Mileos v Venus Pizza, et. al 07/29/2003
Evidence supports decision to terminate benefits
3329024 Gregory Shaffer v Linda Shaffer 07/29/2003
Divorce decree affirmed;remanded for attorney's fees for wife
0250034 Gwendolyn Sales v Alexandria Dept. Social Services 07/22/2003
Summarily aff. evidence sufficient to terminate parental rights
0365032 Douglas L Miller v State Building Code Technical 07/22/2003
Summ. aff. tc did not err in finding the issue moot
0687033 Fairfax School Board v Cynthia H. Nolden-Thompson 07/22/2003
Summ aff no err: evidence supports Commission's decision
2988023 Daphne Burke Ramsey, f/k/a v Robert E. Clements 07/22/2003
No tc error: evidence supports father having custody
3391023 James Nathan Walker v General Sales Products Corp. 07/22/2003
No error claimant failed to prove he was incapacited
0759031 Commonwealth v Eric Lamont Flythe 07/18/2003
No error in order granting motion to suppress evidence
0445032 Alexander Giles v Richmond Dept. Social Services 07/15/2003
Summ affirm evidence sufficient RDSS explored relative placement
2261024 Girard C. Miller v Lynn E. Miller 07/15/2003
Error in part distribution award
2311021 Antoine Eugene Ridley v Commonwealth 07/15/2003
No error the search was proper, as incident to a law arrest
2483013 Donald Robert Pilcher v Commonwealth 07/15/2003
The "rape shield law" is not an ex post facto law
2606024 Bernice Wilson v Fairfax County Dept. Social Svc 07/15/2003
Evidence sufficient to prove neglect within the statute
2838024 Rebecca Amarantides v John Amarantides 07/15/2003
No tc error: evidence was not properly preserved
0151032 George Henson, Jr. v Goochland Dept. Social Svc 07/08/2003
Summary affirmance tc did not err in ruling lack of jurisdiction
0347024 Filadelfo Gomez v Commonwealth 07/08/2003
No error officers had probable cause
0647033 Estate of Norman Ray Pelfrey v Sam V Sorah T/A Sam 07/08/2003
Summary affirmance no error finding VWCC lacked jurisdiction
0874024 Troy Jacobs v commonwealth 07/08/2003
No error record was admissible as an exception to hearsay rule
1051022 Chickan Lamont Carter v Commonwealth 07/08/2003
Evidence sufficient to prove larceny
1085024 James J. Rorech v Commonwealth 07/08/2003
Evidence prove driving under the influence
1606023 Cathy Denise Saunders v Commonwealth 07/08/2003
Evidence sufficient to prove petit larceny
1821024 Russell Dale Funk, Sr. v Commonwealth 07/08/2003
No error evidence sufficient to prove conviction
2706024 Franklin Monroe Southard, Jr. v Commonwealth 07/08/2003
Merits barred by Rule 5A:18
2780021 Dontae Rashawn Parks v Commonwealth 07/08/2003
No error in use of prior juevnile adjudication as predicate off
2826024 Kelly Elizabeth Klein v George John Klein, Jr. 07/08/2003
No error tc acted within the parameters of its discretion
3085022 William Edward Dance, Jr. v Commonwealth 07/08/2003
Evidence was sufficient to prove intent
3187022 Lois O'Leary v Stephen T Moore 07/08/2003
No error in the denial of visitation
0162032 Stuart Lee Harris v Judy Balance Harris 07/01/2003
Summ aff tc did not err residence was marital property
0318021 Mahtoree L. Bell III v Commonwealth 07/01/2003
No tc error evidence supports the convictions
0499031 Trellis Cafe Restaurant, et al v Jean B Dano 07/01/2003
Summary affirmance evidence support award of benefits
0556031 Ronald Nathaniel Sawyer v Work Clothes Warehouse 07/01/2003
Summ aff appellant did not prove he was entitled to benefits
0743023 Napoleon Bonaparte Broward V v Commonwealth 07/01/2003
Evidence sufficient to prove possession of a firearm
1968022 Herman Openzo Cook v Commonwealth 07/01/2003
No error tc had jurisdiction and evidence supports conviction
2016021 Christopher Michael Carnes v Commonwealth 07/01/2003
No tc error evidence sufficient to convict
2169021 Leon Alfonzo Bowman v Commonwealth 07/01/2003
No tc error evidence prove assault of a police officer conviction
2945022 Chandru M Baxani v Chui Ying C Baxani 07/01/2003
Summ aff no err in equitable distribution/spousal support award
3311021 Gloria S Brown v Va Institute of Marine Science 07/01/2003
Summary affirmance appellant could return to her pre-injury work
3367022 Leslie Dallas Marshall v Jan B Marshall 07/01/2003
Summ aff no Commission error re: overruling husband's exceptions
0233031 Anita Louise Murdaugh v Marshall Elmore Murdaugh 06/24/2003
No tc error in denial of motion to rescind agreement
0362031 Carinma T. Lawson v James R. Lawson, III 06/24/2003
Summary affirmance no tc error in refusing spousal support
1282024 Michael Terry Swick v Commonwealth 06/24/2003
Evidence supports aggravated malicious wounding conviction
1717021 Gregory Warren Fox v Commonwealth 06/24/2003
TC error: improperly excluded a jury instruction
1798023 Jeffrey Austin Barron v Commonwealth 06/24/2003
No error two convictions were appropriate
1868022 Joseph Lamont Nelson v Commonwealth 06/24/2003
Evidence suff to prove use of a firearm in commission of a felony
1903023 Zachary Barth Hamlett v Commonwealth 06/24/2003
Evidence sufficient to prove possession of firearms and cocaine
1939023 Douglas Madison Weeks, Jr. v Commonwealth 06/24/2003
No tc error in denial of motion to strike juror for cause
1957022 Richard Estrada v Commonwealth 06/24/2003
Evidence Sufficient to prove appellant feloniously eluded police
2042021 Marvin D. Dade v Commonwealth 06/24/2003
No tc error evidence sufficient to convict
2091021 Michael Maurice White v Commonwealth 06/24/2003
No error appellant was not illegally seized
2101022 Frank Austin Darby v Allen W. Harvey, etc 06/24/2003
No Commission error appellant was an independent contractor
2140022 Herbert H. Cousins v Commonwealth 06/24/2003
No tc error evidence proved operating a motor vehicle intoxicated
2367021 Norman Joseph Taylor v Commonwealth 06/24/2003
No tc error evidence sufficient to convict
2991024 William Carl Smith v Nina E. Rosen 06/24/2003
No tc error husband liable for educations expenses
2998012 Ray Winkler v Commonwealth of Virginia 06/24/2003
No error in grand/petit larceny charge language suff counts 2 & 4
0117032 Bonita Hansberry v Charlottesville Dept. Social Sv 06/17/2003
Summary affirmance evidence support termination of parental right
0118032 Bonita Hansberry v Charlottesville Dept. Social Sv 06/17/2003
Summary affirmance evidence support termination of parental right
0119032 Bonita Hansberry v Charlottesville Dept. Social Sv 06/17/2003
Summary affirmance evidence support termination of parental right
0120032 Bonita Hansberry v Charlottesville Dept. Social Sv 06/17/2003
Summary affirmance evidence support termination of parental right
0478034 Marcus Anthony Smalls v Bell Corp. of Rochester 06/17/2003
Summ aff. no error:appellant could return to his pre-injury work
0628023 Jerrod Sherrell Jackson v Commonwealth 06/17/2003
Evidence sufficient to prove possession with intent to distribute
1221022 Leon Martin v Commonwealth of Virginia 06/17/2003
No tc error in admitting certificates of analysis into evidence
1288022 Derrick C. Tucker v Commonwealth of Virginia 06/17/2003
No tc error evidence sufficient to support conviction
1290022 Zacharie Pierre Comeau v Commonwealth 06/17/2003
Evidence sufficient to support conviction
1853024 Abdullahi Abdirizak Issak v Commonwealth 06/17/2003
No error in admission of jewelry receipt evidence suff to convict
2943024 Winchester Golf Club, Inc. v Sylvia Marie Schenck 06/17/2003
No error Commission did not abuse its discretion
2944024 Sylvia Marie Schenck v Winchester Golf Club, Inc. 06/17/2003
No error Commission did not abuse its discretion
3084024 Linda Gail Headley v Wendell Gary Jewell 06/17/2003
Summ aff:no tc error declining jurisdiction over petition
3106022 Loudoun County School Board v Lynn Posten Kostecka 06/17/2003
No VWCC error: employer must pay for unauthorized medical care
3317014 Derek McDaniel v Commonwealth of Virginia 06/17/2003
No error evidence sufficient to establish possession of a firearm
0256032 Commonwealth v Elwood F Hamlet, Jr 06/10/2003
Trial court erred in suppressing evidence seized from appellee
0408002 Arthur C Kreiger,II v Commonwealth 06/10/2003
Denial of motion for counsel/transcripts affirmed per en banc opi
0796023 Frank William Freeman v Commonwealth 06/10/2003
No error in conviction of trespass from burglary indictment
3383024 Commonwealth v Charles Edward Hooks 06/10/2003
No error in suppression of statements to police
3397023 Shawn Bradley Holley v Amherst Dept of Soc Service 06/10/2003
Summary affirmance No error in termination of parental rights
0039033 Penny Lee Stanley v Amherst Dept of Soc Services 06/03/2003
Summary affirmance No error in termination of parental rights
0530034 Rich Products Corp, et al v Michael R Steere 06/03/2003
Summary affirmance No error in award of temporary partial benefit
0939021 Elmer Milteer, Jr v Commonwealth 06/03/2003
Evidence supported convictions and revocation of suspended time
0977022 James Kevin Barrett, Sr v Commonwealth 06/03/2003
Officer had reasonable articulable suspicion to justify stop
1623022 Antonio Robinson v Commonwealth 06/03/2003
Relevant elements of aggravated malicious wounding in indictment
2045022 Steven Crespo v Commonwealth 06/03/2003
Evidence supported convictions as principal in second degree
2740024 7-11, Inc, etc v VA Alcoholic Beverage Control Bd 06/03/2003
Summary affirmance No error in suspension of license
3032022 CVS Virginia Dist Inc, et al v Joyce Taylor Owens 06/03/2003
Error in issuing review opinion without ruling on petition
0807023 Juleian Cappell v Commonwealth 05/27/2003
Judgment of trial court revoking suspended sentence is affirmed
3398022 Karen Atkins v Richmond Department of Soc Servs 05/27/2003
Summary affirmance Parental rights properly terminated
3399022 Karen Atkins v Richmond Department of Soc Servs 05/27/2003
Summary affirmance Parental rights properly terminated
0418022 Gerald Chrisopher Carter v Commonwealth 05/20/2003
Police improperly seized contraband and conviction reversed
0533022 Shawn Spratley, s/k/a, etc v Commonwealth 05/20/2003
Evidence sufficient to prove possession of cocaine with intent
3058012 Michael C McCormick, II v Commonwealth 05/20/2003
No error in convictions of malicious wounding and use of firearm
0563023 Samuel Ralph Robinson v Commonwealth 05/13/2003
Felon not allowed under code section to have gun in own backyard
1189022 Kevin Johan Brown v Commonwealth 05/13/2003
Evidence proved intent to defraud Commonwealth when signed notice
2066023 Lynn Graham v Commonwealth 05/13/2003
Summary affirmance Rule 5A:18 bars questions raised on appeal
2853023 Karen Chandler v Staunton-Augusta Dept of Soc Serv 05/13/2003
Summary affirmance No error in termination of parental rights
2854011 Edward Brian Williams v Commonwealth 05/13/2003
Denial of motion to suppress proper as officer had probable cause
2854023 Karen Chandler v Staunton-Augusta Dept of Soc Serv 05/13/2003
Summary affirmance No error in termination of parental rights
2855023 Karen Chandler v Staunton-Augusta Dept of Soc Serv 05/13/2003
Summary affirmance No error in termination of parental rights
2856023 Karen Chandler v Staunton-Augusta Dept of Soc Serv 05/13/2003
Summary affirmance No error in termination of parental rights
0031031 Progressive Driver Services, et al v John Talley 05/06/2003
Summary affirmance No error in award of benefits to claimant
0060031 Jacqueline L Palmer v Support Services of Va, etal 05/06/2003
Summary affirmance No error in finding of collateral estoppel
1416022 Michael Joseph Dotson v Commonwealth 05/06/2003
Conviction reversed as certificate of analysis admitted in error
1484021 Harry E Milner, Jr v Sheril L Milner 05/06/2003
No error in enforcing contractual support obligation in agreement
2193023 Nottoway Corr Center v Minnie Rowland Bradner 05/06/2003
No error in award of compensation benefits to claimant
2937022 Commonwealth v LaJuan Josea Davis 05/06/2003
No error in order granting motion to suppress evidence for murder
3439011 Diaby Mohamed v Commonwealth 05/06/2003
Evidence supports uttering forged public document and obstruction
3489012 Leonard Randolph Brown v Commonwealth 05/06/2003
Evidence of appellant's prior sale of drugs was harmless error
1252021 Jerome A Beale v Commonwealth 04/29/2003
No error in conviction of marital rape
1262022 Nelson Ray Lamb, Jr v Commonwealth 04/29/2003
Evidence sufficient to prove throwing missile at occupied vehicle
1438022 Lewis Iderick Johnson v Commonwealth 04/29/2003
Conviction of possession of cocaine with intent reversed
1764012 Moses Virgil Campbell, Jr v Commonwealth 04/29/2003
Claim raised on appeal procedurally barred under Rule 5A:18
1783021 Edward H Bender v Va Marine Resources Commission 04/29/2003
Summary affirmance Denial of motion for summary judgment proper
2019022 Lewis Iderick Johnson v Commonwealth 04/29/2003
Conviction of possession of cocaine with intent reversed
2050022 Lewis Iderick Johnson v Commonwealth 04/29/2003
Conviction of possession of cocaine with intent reversed
2401012 Albert Maurice Roberts, Jr v Commonwealth 04/29/2003
Claims raised on appeal procedurally barred under Rule 5A:18
2618022 Michael Van Buren v Richmond Dept of Social Servs 04/29/2003
Summary affirmance No error in termination of parental rights
2619022 Michael Van Buren v Richmond Dept of Social Servs 04/29/2003
Summary affirmance No error in termination of parental rights
2620022 Michael Van Buren v Richmond Dept of Social Servs 04/29/2003
Appeal dismissed as no standing to contest termination
2621022 Michael Van Buren v Richmond Dept of Social Servs 04/29/2003
Summary affirmance No error in termination of parental rights
2926023 Hampton Jeff Turner, Jr v Patricia Layman Turner 04/29/2003
Summary affirmance No error in award of spoual support or fees
2940023 Frank L McCray v Samuel W Law, et al 04/29/2003
Summary affirmance Allowing adoption in best interest of children
0085021 Antonio Wilson, Jr v Commonwealth 04/22/2003
Disorderly conduct conviction affirmed, remanded for amendment
0208023 George Lincoln Hopkins, Jr v Commonwealth 04/22/2003
Issue waived under Rule 5A:18 as to error in answer to jury
0349021 Lee Banks Walker v Commonwealth 04/22/2003
Motion to dismiss DUI charge properly denied
0375022 Gus Wells, Jr. v Commonwealth 04/22/2003
Officer had reasonable articulable suspicion to stop appellant
0873022 Eugenia L Mawson v Rappahannock General Hosp, etal 04/22/2003
Commission's denial of benefits affirmed
0978022 Tobias Norrell, s/k/a, etc v Commonwealth 04/22/2003
Evidence proved constructive possession of cocaine in safe
1200021 Kelly Francis Ibanez v Commonwealth 04/22/2003
Officers had probable cause to detain and arrest appellant
1320023 Eric Christopher Moss v Commonwealth 04/22/2003
Circumstantial evidence supports identity at revocation hearing
1687021 Craig Antonio Dawson v Commonwealth 04/22/2003
Evidence proved possession of cocaine
1733022 Janice C Taylor v Harry H Caccia 04/22/2003
Finding Taylor waived entitlement to military benefits proper
1872022 Earl Steven Floyd v Commonwealth 04/22/2003
Evidence proved marijuana grown not for personal use
2480012 Roger Lee Davis v Commonwealth 04/22/2003
Evidence proved maliciously put person's life in peril
2517012 Shavon Jamil Johnson v Commonwealth 04/22/2003
Objection to jury instructions not properly preserved for appeal
2549021 City of Virginia Beach v Marine Resource Commn 04/22/2003
No error in trial court's affirmance of Board's decision
2630021 Scott Ayers v Virginia Marine Resource Commn, etal 04/22/2003
Evidence supported Board's decision
3023012 Dairarei Trendell Brockenbrough v Commonwealth 04/22/2003
Conviction of first degree murder affirmed
3265011 Catherine Palmer v Commonwealth 04/22/2003
Admission of Brown's conviction order was harmless error
0306021 Donte Ward v Commonwealth 04/15/2003
Evidence sufficient to support malicious wounding conviction
0919021 George Bertrum Buskey v Commonwealth 04/15/2003
Evidence supported cruelty to animals conviction
0959023 Edward J Terry v Commonwealth 04/15/2003
No error in finding Code Sec 19.2-294 did not bar conviction
1095021 James Donald Dickenson, II v Commonwealth 04/15/2003
No abuse of discretion in denial of handwriting expert
1689021 Tameka Ann Dunn v Commonwealth 04/15/2003
Conviction of felony parental abduction is affirmed
2236021 Imad Nourdeen v Patricia C Nourdeen 04/15/2003
Trial court lacked jurisdiction to make equitable distribution
2622022 Cassie Van Buren v Richmond Dept of Social Service 04/15/2003
Summary affirmance Parental rights properly terminated
2623022 Cassie Van Buren v Richmond Dept of Social Service 04/15/2003
Summary affirmance Parental rights properly terminated
2624022 Cassie Van Buren v Richmond Dept of Social Service 04/15/2003
Summary affirmance Parental rights properly terminated
2625022 Cassie Van Buren v Richmond Dept of Social Service 04/15/2003
Summary affirmance Parental rights properly terminated
3094022 William Ray Helfer v Va Dept Rehabilitative Servs 04/15/2003
Summary affirmance Claimant failed to prove injury by accident
3310021 Alma R Milbourne-Bush v Gateway, Inc, et al 04/15/2003
Summary affirmance Evidence failed to sustain burden of proof
0470021 Kevin Jarard Martin v Commonwealth 04/08/2003
Convictions as principal in first degree affirmed
0552021 Audry Lawrence Williams, III v Commonwealth 04/08/2003
Convictions as principal in second degree affirmed
0679021 Willie Derwood Dillard v Commonwealth 04/08/2003
No error in denial of post-conviction motions
1060011 Carlton Wendell Duncan v Commonwealth 04/08/2003
On rehearing en banc, conviction reversed and dismissed
2542013 Paul Matthews Holt, III v Commonwealth 04/08/2003
Error in limiting cross-examination of complaining witness
2689023 Wytheville Law Enforcement et al v Jerry E Wheeler 04/08/2003
Award of benefits for occupational disease affirmed
2783021 Herb O Byam v North Star Construction Corp, et al 04/08/2003
Finding that Byam willfully violated known safety rule affirmed
2799013 Jonathan T Ward v Commonwealth 04/08/2003
Evidence insufficient to support petit larceny conviction
2832012 Robert Michael Baber v Commonwealth 04/08/2003
No reversible error in admitting hearsay evidence
3216023 Whole Foods Market, Inc, et al v Sotirios Petrakis 04/08/2003
Summary affirmance Claimant proved remained totally disabled
3246021 CJW Medical Center, et al v Jacqueline V Payne 04/08/2003
Summary affirmance Claimant proved injury by accident
3454011 Kenneth McCoy Bond v Commonwealth 04/08/2003
Evidence sufficient to prove habitual offender conviction
0577022 Jemond Tavares Townes v Commonwealth 04/01/2003
Evidence proved appellant acted with requisite intent to maim
0799021 Kraig Novell Savage v Commonwealth 04/01/2003
No error in denial of motion to suppress evidence from stop
1077022 James Slyvester Jones v Commonwealth 04/01/2003
Error in denial of motion to suppress evidence seized from Jones
1153021 Keona M Lawrence, s/k/a, etc v Commonwealth 04/01/2003
Evidence insufficient to prove possession of firearm with drugs
1310021 Leona T Mander, s/k/a, etc v Commonwealth 04/01/2003
No error in convictions of 3 counts of distribution of cocaine
1432021 Donyell Vonitia Singleton v Commonwealth 04/01/2003
Evidence supported burglary and attempted murder convictions
1524021 Willie Lee Ames v Commonwealth 04/01/2003
Appellant's challenge to motion to suppress barred by Rule 5A:18
2036023 New Energy Bedrooms, Inc et al v Dennis K Flinchum 04/01/2003
No error in award of medical benefits on claim for depression
2675023 Mark D Kidd v Terry Lynn Thomas, et al 04/01/2003
Summary affirmance Arguments raised barred by Rule 5A:18
2901011 William P Robinson, Jr v Commonwealth 04/01/2003
Contempt conviction affirmed, sentence reversed and remanded
2931011 Lester Lee Morris v Commonwealth 04/01/2003
Evidence sufficient to prove conviction of sodomy
2501024 Commonwealth v William D Priester 03/28/2003
Police had reasonable articulable suspicion to conduct detention
0419022 Timothy James Tratzinski v Commonwealth 03/25/2003
Evidence sufficient to support second degree murder conviction
0432024 Quy Thi Nguyen, s/k/a, etc v Commonwealth 03/25/2003
No error in first degree murder and use of firearm convictions
0494022 Mark Anthony Kirby v Commonwealth 03/25/2003
Conviction of felony elude police officer affirmed
1511022 Christopher T Taylor v Commonwealth 03/25/2003
No error in bench trial conviction of reckless driving
1958023 Uninsured Employer's Fund v Tracy Scott Nunn, etal 03/25/2003
No error in finding employer subject to commission's jurisdiction
3062021 Stephen M Massaro v Blue Chip Painting, et al 03/25/2003
Summary affirmance Finding of independent contractor proper
0423024 Thomas C Hilleary v Commonwealth 03/18/2003
No error in modification of sentencing order to comport with plea
0637021 Patricia Ruth Simerson v Commonwealth 03/18/2003
Evidence supported conviction of embezzlement
1281024 Sidney Everett Lovell, Jr v Monica McGuire 03/18/2003
No error in contempt finding for noncompliance with prior order
1596021 Timmy Brown v Commonwealth 03/18/2003
As appellant not sentenced in trial court, appeal dismissed
1901021 Uninsured Employer's Fund v Kevin M Cornelius, et 03/18/2003
No error in finding employer subject to commission jurisdiction
2003021 Michael Frederick Jones v Rebecca Lynn Webb Jones 03/18/2003
No error in conclusion appellee was a domiciliary of Virginia
2749012 Anton Lavelle Webb v Commonwealth 03/18/2003
No error in admitting prior DUI conviction for sentencing purpose
3219021 Clinton Whitehead v Hazel Diane Smith Whitehead 03/18/2003
Summary affirmance No error in divorce decree
0389024 Issac A Fawehimni, s/k/a, etc v Commonwealth 03/11/2003
Evidence sufficient to prove possession of cocaine
0756021 Michael Ellery Tory, s/k/a, etc v Commonwealth 03/11/2003
No error in admission of rebuttal testimony
1155021 Herman William McCullough, Jr v Commonwealth 03/11/2003
Issue raised on appeal procedurally defaulted under Rule 5A:18
1346023 Darrell W Weikle v The Southland Corporation, et a 03/11/2003
No error in denial of claim for benefits for brain injury
1897021 Impact Management Service, et al v Cathy S Forrest 03/11/2003
Evidence insufficient to prove release to pre-injury employment
2110024 Diana M L Turonis v John J Turonis 03/11/2003
Error in calculation of equity in marital residence
2353022 Gregory Joseph Buka v Judith Marie Smith, f/k/a 03/11/2003
Summary affirmance Trial court properly obtained jurisdiction
2381011 Eldon A Valery v Commonwealth 03/11/2003
No abuse of discretion in denying motion to sever on narrow groun
2688023 Afton Inn, et al v Susan I Pforr 03/11/2003
Summary affirmance Chiropractic treatment related to injury
3394011 Jose R Ortega v Commonwealth 03/11/2003
Evidence proved asportation of victim more than in robbery
0309024 Dennis Roger Bourne v Commonwealth 03/04/2003
No trial court error in jury trial convictions
0735021 Eddie Arnold Taylor Jr v Commonwealth 03/04/2003
Evidence proved force, violence or intimidation in robbery conv
0811024 Justin Thomas Brooks v Commonwealth 03/04/2003
Evidence proved possession and requisite intent to distribute
1973023 Jean A Gantt v Barry Gantt 03/04/2003
Summary affirmance No error in divorce proceeding rulings
1989023 Deshazo Oil Company Inc, et al v John H Dillon Jr 03/04/2003
Error in finding condition of employment contributed to injury
2011024 Amherst County Sheriff's, et al v Alvin W Goodwin 03/04/2003
Evidence supports finding employer failed to rebut presumption
2099024 Carol Remington v Global One Communication, et al 03/04/2003
Claim barred by statute of limitations and imposition not proper
2881023 John David Wheeler v Carey Corporation et al 03/04/2003
Summary affirmance Application of res judicata proper
2974014 Lawrence Joseph Walker v Commonwealth 03/04/2003
Evidence did not support proffered accommodation instruction
3359014 Bradford W Cephas, Jr v Commowealth 03/04/2003
No error in admitting breath test certificate of analysis
2308021 Commonwealth v Rodney Courtney Rogers 02/25/2003
Trial court erred in suppressing evidence seized from van
2538024 Chevy Chase Bank F S B, et al v Donald M Johnson 02/25/2003
Summary affirmance Employer's evidence did not sustain burden
2557022 Clarence W Thompson v Calvinna Dickerson 02/25/2003
Summary affirmance Trial court properly granted nonsuit
2723023 Danny Eugene Thompson, Jr v Branch Highways, et al 02/25/2003
Summary affirmance Claimant failed to prove total disability
2766023 Kenneth R Hash v Motivation Coal Company 02/25/2003
Summary affirmance Compensable injury by accident not proven
2843022 Rodney Barnes v Marshalls, Inc, et al 02/25/2003
Summary affirmance Failed to prove condition related to injury
0973021 Gary Wayne Ables v Sonia Rivero, Commissioner, etc 02/19/2003
Decision affirming disposition of founded child abuse proper
0997021 Anthony S Ford v Commonwealth 02/19/2003
No error in denial of motion to suppress statement to police
1381021 James A Crews v Gateway 2000, et al 02/19/2003
No error in finding injury did not arise out of employment
1795021 Agnes V Lanning v Virginia Dept of Transportation 02/19/2003
Parts of decision appealed in this case are affirmed
1812021 Virginia Dept of Transportation v Agnes V Lanning 02/19/2003
Injury was compensable ordinary disease of life; benefits proper
1820022 Ronald L Morissette v Custom Telephone Service 02/19/2003
Commission's application of Rule affirmed
1961024 Grace C Rutledge v E Preston Rutledge 02/19/2003
Summary affirmance Issue raised on appeal barred by Rule 5A:18
2626023 A O Smith Corporation, et al v Linda H Goad 02/19/2003
Summary affirmance Goad proved compensable change in condition
0429023 Jody Daniel Gent v Commonwealth 02/11/2003
No error in trial court's findings on statements by victim
0441021 Glenn Graad Gregory v Commonwealth 02/11/2003
Evidence showed appellant intended to distribute drugs
0636021 Darrell Williams, s/k/a, etc v Commonwealth 02/11/2003
Conviction affirmed as argument granted on appeal not preserved
1518022 Dinwiddie Custodial, et al v Lois J Ferrell 02/11/2003
Award of benefits for physical and psychological injuries proper
1567022 Piccadilly Grill, etc, et al v VA ABC Board 02/11/2003
Revocation of wine and beer license affirmed on procedural ground
1753023 Hardee's of Clintwood, et al v Esther J Robinson 02/11/2003
Two year statute of limitations bars claim
1889022 Johanna Allyn v Hanover County Social Services 02/11/2003
Finding claimant did not provide timely notice to employer proper
1907012 Cristie A Binhammer v Daniel W Reilly 02/11/2003
Trial court's order on partition of marital home affirmed
2430021 Center for Obstetrics etc v Birth-Related Injury 02/11/2003
Decision awarding benefits pursuant to Act affirmed
2478024 Dnyalectric Company et al v Timothy Dean Downing 02/11/2003
Summary affirmance Award of benefits affirmed
2830022 Debra (Walker) Scott v Tony Scott 02/11/2003
Summary affirmance Order dismissing bill of complaint reversed
2123024 Commonwealth v Douglas Edward Marek 02/05/2003
Error in suppressing evidence beyond scope of first warrant
0113022 Willie Haywood Jackson v Commonwealth 02/04/2003
Evidence supported four distribution of cocaine convictions
0390012 Mason S. Thompson v Commonwealth, etc 02/04/2003
Finding of civil contempt and indeterminate sentence affirmed
0761022 Robert Thomas Mangum v Commonwealth 02/04/2003
Evidence of prior sexual relation with child victim proper
1786022 Kern Motor Company Inc, et al v David A Buckley 02/04/2003
Evidence proved carpal tunnel syndrome causally related to work
1843022 Mega Contractors, Inc, et al v John Thomas Burrell 02/04/2003
No error in finding death from accident arising out of employment
2204023 Commonwealth v Michael James Rigney 02/04/2003
Trial court erred in granting motion to suppress statements
2503021 Shore Health Services, Inc v Roberta Jennestreet 02/04/2003
Summary affirmance Claimant proved she remained totally disabled
2560024 Ogden Aviation Services, et al v James Jackson 02/04/2003
Summary affirmance Evidence supported award to claimant
0404023 Shawn Wayne Breeden v Commonwealth 01/28/2003
Evidence insufficient to prove penetration for sodomy conviction
0795023 Mary Parrish Harris v Commonwealth 01/28/2003
Evidence supported felonious escape conviction
0952023 James P. Hart III v Marie Holt Hart (Pratt) 01/28/2003
Judgment of trial court affirmed on all issues
1119024 Fairfax County School Board v Susan Elaine Manola 01/28/2003
VWCC made no findings that treatment was reasonable and necessary
1138024 Susan Elaine Manola v Fairfax County School Board 01/28/2003
Treatment after 7-16-01 no longer necessary and reasonable
1302023 Anthony Terrell Chambers v Commonwealth 01/28/2003
Arguments raised on appeal are procedurally barred by Rule 5A:18
1553023 Sterling R Brickey, Jr v Humphrey's Inc, et al 01/28/2003
Summary affirmance Claimant did not prove injury by accident
1801022 Craig A Knepp v Linda E Niece 01/28/2003
Summary affirmance No error in decision awarding divorce
1870023 Gilbert J Perkey, t/a, etc v Randall Wayne Fridley 01/28/2003
No error in decision VWCC had jurisdiction over claim
2912013 Jeffrey Lynn Coffey v Commonwealth 01/28/2003
Magistrate did not lack probable cause to issue search warrant
0430023 Roy Duran Gravely v Commonwealth 01/21/2003
No error in finding violation of probation and revoking sentence
0542023 Robert Bruce Brown III v Commonwealth 01/21/2003
Evidence sufficient to support grand larceny conviction
1156022 Jaunt, Inc, et al v Harold E Clement, Jr 01/21/2003
Evidence proved injury by accident and adequate marketing
2710012 James Daniel Pressley v Commonwealth 01/21/2003
Limited pat down not in violation of Fourth Amendment
3458013 Kevin Eugene Brown v Commonwealth 01/21/2003
Evidence sufficient to prove distribution of cocaine conviction
0036023 Daniel Matthew Lowe v Commonwealth 01/14/2003
No error in refusal to vacate previous order of another court
0226021 Antonio C Nolen v Commonwealth 01/14/2003
No Brady violation and evidence sufficient to support convictions
0999021 Terry Blackwell v Commonwealth 01/14/2003
Anonymous tip did not provide reasonable articulable suspicion
2360022 Sergeants Pet Products et al v Charles L Harrison 01/14/2003
Summary affirmance No error in award of benefits
3348011 James Douglas Graves Jr v Commonwealth 01/14/2003
Evidence proved constructive possession of drugs in boot
3363013 William Wade Henderson III v Commonwealth 01/14/2003
Evidence proved guilt on attempt robbery and malicious wounding
1899022 Commonwealth v Terrence Linwood Lockett 01/10/2003
Police had reasonable articulable suspicion to detain appellant
1044023 Worksaver Material Handling v Robert L. Epps 01/07/2003
Award of temporary total and temporaty partial benefits proper
1551023 Newport News Shipbuilding v Percell W Salisbury 01/07/2003
Award of certain medical benefits proper
1963012 Robert Dominic Civitello, Sr v Commonwealth 01/07/2003
No error in allowing testimony via closed-circuit television
3453012 Willie Jones, Jr v Commonwealth 01/07/2003
Evidence of conduct prior to robberies proper
0104021 Tremaine Kevin White v Commonwealth 12/31/2002
No error in trial court's finding waiver or rights voluntary
0153022 James A Shelton v Commonwealth 12/31/2002
No probable cause to conduct visual search beneath pants leg
0452021 Justin Emmett English v Commonwealth 12/31/2002
No reversible error in instructing jury could consider character
0675023 Patrick Clay English v Commonwealth 12/31/2002
Evidence supports assault & battery of police officer conviction
0825021 Betty Lou Owen v Dan River, Inc 12/31/2002
Error in decision Owen unjustifiably refused treatment
0883024 Rosa L Chittum, et al v Paula Kay Johnson, et al 12/31/2002
Error in order merging visitation of Chittums with Conley
0884024 Carlton Conley v Larry Chittum, et al 12/31/2002
Error in order merging visitation of Conley with Chittums
0984022 Skip's Auto Parts, et al v Douglas Harrison Cline 12/31/2002
Decision awarding temporary total disability benefits proper
1071022 Peter H Goldmann v Linda M Goldmann 12/31/2002
No reversible error in refusal to terminate spousal support
1100022 Jeremy Jon Curlings v Heavy Fleet Products, et al 12/31/2002
Summary affirmance Request for review not timely filed
1332022 Noel Thomas Wakelyn, Jr v Spain Commerical, et al 12/31/2002
Summary affirmance Evidence did not sustain burden of proof
1352022 School Board City of Norfolk v. Jordan Simon 12/31/2002
Revised memorandum opinion amendment on page 5, second paragraph
1388021 Colonial Williamsburg Foundation v William Bradby 12/31/2002
No error in decision holding employer responsible for expenses
2096022 Virginia Department of Health v Susan Ann Elmore 12/31/2002
Summary affirmance Commission properly invoked jurisdiction
2104022 Terry L Dawes v Great Coastal Express, Inc, et al 12/31/2002
Summary affirmance Evidence did not sustain burden of proof
2120021 Myrtis Sample v McDonald's Store, et al 12/31/2002
Summary affirmance Credible evidence supports findings
2129023 Kathy Faye Phillips v RADA, et al 12/31/2002
Summary affirmance Impairment not caused by sudden shock or frigh
2722011 George Anthony Wyatt v Commonwealth 12/31/2002
No error in denial of motions to suppress and to strike evidence
3019012 Javon Montrell Battle v Commonwealth 12/31/2002
No error in conviction of assaulting a police officer
3063012 Jamar Shante Paxton v Commonwealth 12/31/2002
No reversible error in appellant's convictions
3105012 Kurvyn Darnell Minor v Commonwealth 12/31/2002
Trial court erred in refusing to sever trials
3167012 Robert William Dolan, III v Commonwealth 12/31/2002
Evidence sufficient to support manufacture marijuana conviction
1761021 Commonwealth v Kevin Fuller Purnell 12/23/2002
Officers' entry into residence not unreasonable
0044024 Teddy Woldelassie Araya v Commonwealth 12/17/2002
No error in admitting murder victim's affidavit into evidence
0327022 James Dale Archer v Commonwealth 12/17/2002
DUI conviction proper as checkpoint properly planned and executed
0772014 Akbar Abdul Karim Bilal v Commonwealth 12/17/2002
No error in refusal to give instruction on mutual combat
1072024 Andrew Thomas McGarry v Beverly Brandon McGarry 12/17/2002
No error in finding failure to comply with PSA child support
1272021 Robert L Widgeon v Sandra A Widgeon 12/17/2002
Error in part in divorce decree
2075024 Le N Tran v United Airlines, Inc 12/17/2002
Summary affirmance Evidence did not prove injury by accident
2231012 Jonte Mikell Hembrick v Commonwealth 12/17/2002
No error in convictions of 2 counts of first degree murder
2730014 Maureen Pilar Falo v Commonwealth 12/17/2002
Evidence proved grand larceny as principal in second degree
2892012 Terry Darnell Chism v Commonwealth 12/17/2002
Evidence sufficient to convict for possession of cocaine and guns
3071012 Alexander Almond, Jr v Commonwealth 12/17/2002
Stepmother's testimony properly admitted under recent complaint
3259011 James Artis v Commonwealth 12/17/2002
Evidence proved possession for use of firearm conviction
3448012 Donny Lynn Sprouse, Jr, s/k/a,, etc v Commonwealth 12/17/2002
Evidence proved grand larceny and possession of burglarious tools
3462011 Michelle Lynn Cubitt v Commonwealth 12/17/2002
No error in convictions of driving as habitual offender or dui
0433022 Akeem Jean Wilson v Commonwealth 12/10/2002
Failure to comply with Code Sec 19.2-266.2 bars issue on appeal
0738022 Mark Thomas v Commonwealth 12/10/2002
Evidence proved items stolen and Thomas knew items stolen
1079022 Nina-Gail S Savage v John D Savage, Jr 12/10/2002
Summary affirmance No error in equitable distribution decision
1300012 Medad El Muhammad v Commonwealth 12/10/2002
No error in convictions of robbery and unlawful wounding
1517022 City of Poquoson Law Enforcement v Lou H Hooks 12/10/2002
No error in award of medical and temporary total benefits
1654012 DeCarlos D. Coleman v Commonwealth 12/10/2002
No error in second degree murder and use of firearm convictions
1745023 Candace J M Clatterbuck v Grant Lewis Clatterbuck 12/10/2002
Summary affirmance Handwritten postnuptial agreement binding
1775023 Grant Lewis Clatterbuck v Candace J M Clatterbuck 12/10/2002
Summary affirmance Denial of access to child's records proper
1860021 Diversified Technology, LLC et al v Steve Pancoast 12/10/2002
Summary affirmance Claimant was employee at time of injury
2068024 Travcorp, et al v Faustine I Cooper 12/10/2002
Summary affirmance No error in denial of change in condition app
3221012 Aubrey J El v Dept of Social Servs, etc 12/10/2002
Order finding appellant in arrears on child support proper
0165024 Jeffrey Scott Kibler v Commonwealth 12/03/2002
Evidence proved substantial misconduct for probation revocation
0212022 Antoine Lamont Christian v Commonwealth 12/03/2002
Trial court erred in excluding prior specific acts of victim
0716014 Mark Anthony Lawrence v Commonwealth 12/03/2002
No due process violation in revocation of appellant's probation
0858023 John Thomas Pultz v Robbie Gayle Pultz 12/03/2002
Summary affirmance argument on appeal not raised in trial court
1077012 Phillip Branch v Commonwealth 12/03/2002
On rehearing en banc, judgment of trial court is affirmed
1385014 Mark Anthony Lawrence v Commonwealth 12/03/2002
No due process violation in revocation of appellant's probation
1593022 Commonwealth v Keith Franklin Weeden 12/03/2002
No error in finding officers lacked reasonable suspicion
1594022 Commonwealth v Cedric Anthony Fassett 12/03/2002
No error in finding officers lacked reasonable suspicion
1983022 Philip Morris USA, et al v Robert E Kenney 12/03/2002
Summary affirmance new injury was compensable consequence
2024024 Safeway, Incorporated v Lalit Ram Arya 12/03/2002
Summary affirmance evidence supported award of benefits
2879001 Christopher Cain, s/k/a, etc v Commonwealth 12/03/2002
Order on rehearing en banc, judgment of trial court is affirmed
3330012 Tyrone Allen Patterson v Commonwealth 12/03/2002
Evidence sufficient to prove intent to distribute heroin
3343012 Danyell Jamont Greene, s/k/a, etc v Commonwealth 12/03/2002
No error in conviction of possession of firearm by a felon
1641013 Kiel Turner v Commonwealth 11/26/2002
Jury verdicts convicting appellant proper
1736012 Harry Alphonso Cutchin v Commonwealth 11/26/2002
Motion for mistrial based on voir dire not timely
2201012 Demetrius Jevon Blowe v Commonwealth 11/26/2002
Evidence sufficient to prove possession of heroin
2227014 Steve Starkell v Thomas L Geris & Glenda J Geris 11/26/2002
No error in order granting appellees petition to adopt
2905011 Leslie Nichole Mulligan, s/k/a, etc v Commonwealth 11/26/2002
Err: conviction of obtaining prescription drug by fraud (revised)
3054013 Rosalynn White Spruill v Commonwealth 11/26/2002
Evidence proved appellant aided and abetted actual perpetrator
1828021 Commonwealth v Yaser Mohammed Jawad 11/25/2002
No error in admitting appellant to pre-conviction bail
0127021 Bobchel Williams v Commonwealth 11/19/2002
Evidence supported disorderly conduct conviction
0199024 John Zalusky v Donna Zalusky 11/19/2002
Error in classifying, valuing and equitably distributing property
0224021 Ronald Wright v Commonwealth 11/19/2002
No error in denial of motion to suppress entry onto property
0672024 Karen I Perry v Dwayne N Perry 11/19/2002
No error in equitable distribution award
0731024 Loretta A McManus v Steven J Neuschulz 11/19/2002
Error in division of disputed property using 2001 values
1159024 Fairfax County School Board v Sally R Fish 11/19/2002
Claimant's fibromyalgia causally related to compensable injury
1315022 Carlo Maria Gaione v Martha Fergusson Gaione 11/19/2002
Summary affirmance No error in award of custody or child support
1506024 Julia Dianne Kitzmiller v Pizza Hut, et al 11/19/2002
Summary affirmance Evidence did not prove injury arose out of job
1826024 Christopher B Harrison v L'Auberge Chez Francois 11/19/2002
Summary affirmance No error in denial of change in condition app
2055022 Gail V Sorrell v Chesapeake Bay Agency on Aging 11/19/2002
Summary affirmance Evidence did not prove causal connection
2797012 Anabelis Corrales, s/k/a, etc v Commonwealth 11/19/2002
No error in conviction of second degree murder of newborn baby
0025023 John Raleigh Laprade v Commonwealth 11/12/2002
Officer had probable cause to conduct warrantless search/seizure
0603023 Bliss Wayne Via, Sr.v. Great Coastal Express, Inc. 11/12/2002
Correction pg. 4 second paragraph in should be to
1074023 Thelma Ruth Taylor v Washington County Dept of S S 11/12/2002
Evidence sufficient to support termination of parental rights
1219012 Sean Christopher Boehringer v Commonwealth 11/12/2002
Evidence sufficient to prove possession of cocaine and weapon
2043011 Deborah L Davis v Commonwealth 11/12/2002
No error in denial of motion to suppress as confession voluntary
2944013 Robert Henry Perkins s/k/a etc v Commonwealth 11/12/2002
No double jeopardy violation in unlawful wounding conviction
0355023 Tony Dewayne Patterson v Commonwealth 11/05/2002
Evidence sufficient to prove appellant possessed cocaine
0967014 William Edward Jenkins v Commonwealth 11/05/2002
Evidence proved requisite intent to wound victim
1413024 Robert Douglas Clark v Fluor Daniels et al 11/05/2002
Summary affirmance Evidence did not sustain burden of proof
1562023 George A. Roussel IV v Patricia A Roussel 11/05/2002
Summary affirmance No error in spousal support award
1919021 Grayling N Bryan v Linda A Bryan 11/05/2002
Summary affirmance Rule 5A18 bars consideration of challenges
2128013 Jack Roosevelt Gilbert v Commonwealth 11/05/2002
Evidence sufficient to prove larceny of check
2284011 Tewanda J Smith, s/k/a etc v Commonwealth 11/05/2002
Evidence sufficient to support second degree murder conviction
2570014 Richard Wayne Nuckles v Commonwealth 11/05/2002
Evidence did not prove owner of goods as alleged in indictment
2945011 Roosevelt Green v Commonwealth 11/05/2002
Error in taking judicial notice of age at time of predicate offen
3399013 Trevek Lamane Brooks v Commonwealth 11/05/2002
Evidence sufficient to prove intent to distribute the marijuana
3432013 Kenneth Leroy Prunty v Commonwealth 11/05/2002
Evidence supported receiving stolen property conviction
0661021 Helen M Broccuto v James C Broccuto 10/29/2002
No error in awarding custody of child to appellee
0779023 Thomas L Switzer v Samuel S Smith, et al 10/29/2002
Summary affirmance Issues precluded by Rule 5A18
1017021 Teresa A Williams v Hampton Dept of Social Service 10/29/2002
Summary affirmance No error in changing goal of foster care plan
1102021 William Perry Jr v Hampton Dept of Social Services 10/29/2002
Summary affirmance No error in changing goal of foster care plan
1213021 Commonwealth v Jurl Vincent Sterns 10/29/2002
Order reversed as initial encounter was consensual
1562013 Perry Sylvester Wright v Commonwealth 10/29/2002
Revocation affirmed; remanded to correct clerical error in order
1607024 Allen Burke Easterly v Pamela Jo Easterly 10/29/2002
Summary affirmance No error in division of marital funds
1675014 Paradice Carnell Jackson, II, etc v Commonwealth 10/29/2002
Right to speedy trial not violated; no error in jury instruction
1799012 Robert Neal Jr v Commonwealth 10/29/2002
Evidence proved constructive possession of cocaine in parking lot
2506013 Daryl Landon Carter v Commonwealth 10/29/2002
Evidence not sufficient to prove penetration in sodomy conviction
2643011 Timothy Michael Price v Commonwealth 10/29/2002
No error in trial judge's refusal to recuse himself from hearing
3267013 Jimmy Dale Adkins v Commonwealth 10/29/2002
Evidence proved possession of drugs found in clothing near Adkins
1550022 Commonwealth v Denise Dumont 10/28/2002
Order finding Code Section 18.2-49.1(A) unconstitutional reversed
0348024 David L Forrester v Phyllis E Rienzo-Forrester 10/22/2002
Award of sole legal and physical custody to appellee proper
1069012 Rosalind M Mabry v Commonwealth 10/22/2002
Evidence supported conviction of possession of cocaine
1158022 Spotsylvania Law Enforce v Willard Bates Upshaw 10/22/2002
Summary affirmance finding of res judicata proper
1419024 Kenneth C Birch v Kellam Distributing Company 10/22/2002
Summary affirmance no error in decision of commission
1853012 Joseph Isaac McDonald v Commonwealth 10/22/2002
Refusal to examine sentencing ranges during voir dire proper
2018011 Jason Dale Tuell v Commonwealth 10/22/2002
Evidence insufficient to prove appellant possessed drugs
2357011 Stephen Lowell Hicks, s/k/a, etc v Commonwealth 10/22/2002
No error in denial of Batson challenges to two jurors
2871014 Preston Fisher v Commonwealth 10/22/2002
Evidence proved intent to use/sell/transfer victim's credit card
3064011 Jerry Lee Lewis, Jr v Commonwealth 10/22/2002
Convictions of statutory burglary and petit larceny, 3rd, proper
3266012 Laura T Price v Leon S Price 10/22/2002
No error in refusal to set aside final decree of divorce
0032024 Hongyi Zhou v Bo L Zhou 10/15/2002
Judgment affirmed as record insufficient to determine issues
0760014 Dorothy Mae Johnson v Commonwealth 10/15/2002
No error in revoking suspended sentence for no restitution paid
1328024 Charles Francis Carter v Arlington County Fire Dep 10/15/2002
Summary affirmance evidence did not sustain burden of proof
1618012 Christine Solem and John Coles v Commonwealth 10/15/2002
No error in denial of motions to suppress
1773011 Mark Lee Ward v Commonwealth 10/15/2002
Evidence sufficient in felony obstruction of justice conviction
2422011 William J Cullipher v Commonwealth 10/15/2002
Evidence sufficient to prove statutory burglary and grand larceny
2568011 Timothy Ray Belvin v Commonwealth 10/15/2002
No error in habitual offender conviction
2670014 Christopher Artis Rich v Commonwealth 10/15/2002
Convictions affirmed per Supreme Court case of Commonwealth vHill
2818014 Andre Odell Harris v Commonwealth 10/15/2002
Evidence sufficient to prove cohabitation for assault purposes
0187023 Larry J Neuhs v Denise D Neuhs 10/08/2002
No error in equitable distribution award
0403014 Luis Alberto Navarrette v Commonwealth 10/08/2002
No error in denial of motion to suppress inculpatory statements
0635021 Robert Wayne Ingalls v Julie Ann Ingalls 10/08/2002
No error in denial of motion to reduce amount of spousal support
0676023 Douglas Delton Turner, etc v Commonwealth Bolt et 10/08/2002
Summary affirmance failed to prove injury by accident
0758021 Julie Ann Ingalls v Robert Wayne Ingalls 10/08/2002
No error in denial of motion to increase spousal support payment
0876021 Commonwealth v Louviere Cradle 10/08/2002
No error in trial court's suppression of evidence
0877021 Commonwealth v. Louviere Cradle 10/08/2002
No error in trial court's suppression of evidence
1553012 Margaret Cousins v Commonwealth 10/08/2002
No error in admission of certain evidence in assault trial
1788013 Lenwood Lamont Kirby, III v Commonwealth 10/08/2002
No error in felony conviction of assault and batter family member
1791011 Antoine Leonard Ingram v Commonwealth 10/08/2002
Juvenile appellant not entitled to be sentenced by jury
1825011 Miqueas Ramirez v Commonwealth 10/08/2002
No error in voir dire or refusing to strike juror for cause
1879014 Christopher A. U-Thasoonthorn v. Commonwealth 10/08/2002
Error in instruction that referenced cooling off period
2206014 Robert K Black v Commonwealth 10/08/2002
No error in refusal to merge abduction conviction into robbery
2207012 David Wesley Spencer v Commonwealth 10/08/2002
No error in refusing appellant access to sealed CPS file
2541011 Anthony Druis Ausby, s/k/a, etc v Commonwealth 10/08/2002
Evidence proved knowing and intentional possession of cocaine
2733014 Dwayne Michael Barnhill v Commonwealth 10/08/2002
No error in refusal to instruct jury on voluntary manslaughter
2734012 Eric Michael Jackson v Commonwealth 10/08/2002
No error in denial of motion to suppress
3084011 Quency C Jordan, s/k/a, etc v Commonwealth 10/08/2002
Evidence insufficient to prove constructive possession of cocaine
0163023 W Douglas Drumheller v Sandra Jean Blair Drumhellr 10/01/2002
Error in finding appellant breached premarital agreement
0428021 Norfolk Shipbuilding, etc v James J McCleary 10/01/2002
No error in award of temporary total benefits for disputed times
0704023 Lynchburg Division of Soc Serv v Wanda L Fenimore 10/01/2002
Error in denial of petition to terminate mother's parental rights
1082013 Claude Elmer Frazier, s/k/a, v Commonwealth 10/01/2002
Sufficiency of evidence procedurally barred by Rule 5A:18
1149013 Kion L Davis v Commonwealth 10/01/2002
Evidence proved object carried into bank was deadly weapon
1169022 Ace Carpentry, Inc, et al v Benjamin M Mullins 10/01/2002
Summary affirmance claimant entitled to de facto award
1429013 Marcus Duenas v Commonwealth 10/01/2002
No error in refusal to sever trial from that of codefendants
1483013 Kenneth James Hunter v Commonwealth 10/01/2002
Evidence proved joint constructive possession of the cocaine
1536011 Brandon Keith Jones v Commonwealth 10/01/2002
No error in refusing to suppress statements as not in custody
1794012 Mark Weldon Saunders v Commonwealth 10/01/2002
Evidence supported grand larceny conviction
3400011 Dump Furniture Store, et al v Rita L Holloway 10/01/2002
No error in award of medical and disability benefits
0846022 Skip's Auto Parts, et al v Elisha David Rice 09/24/2002
Summary affirmance no error in commission's decision
0981021 Universal Living, et al v Kurt F Stalcup 09/24/2002
Summary affirmance employers's evidence did not sustain burden
1011012 Haywood Marcus Robinson v Commonwealth 09/24/2002
No error in finding race-neutral explanations for strikes
1349012 Roy Lawrence Latta, Jr v Commonwealth 09/24/2002
No error in denial of motion to suppress confession
1373013 Errick Lee Mitchell v Commonwealth 09/24/2002
No error in officer's testimony on out of court id by victim
1389022 Hardees of Warsaw Village,et al v Linda D Campbell 09/24/2002
Summary affirmance no error in commission's decision
1509013 Robert Lee Brown v Commonwealth 09/24/2002
Based on record, Court finds appellant waived trial by jury
1582011 Edward T Pitchford v Commonwealth 09/24/2002
Evidence sufficient to prove construction possession
1648013 David C Petty v Commonwealth 09/24/2002
No proper proffer of expert's testimony in record
1735023 John J McClure, Jr v Commonwealth 09/24/2002
Summary affirmance appellant failed to prove fraud
1847012 John Edward Cave, Jr v Commonwealth 09/24/2002
Stop of vehicle proper, no error in denial of motion to suppress
1960014 Robert C Grant v Robert C Grant, et al 09/24/2002
No error in reduction of average weekly wage or credit to insurer
2331011 Brandon Clay Nichols, s/k/a v Commonwealth 09/24/2002
Court did not err in refusal to consider plea during sentencing
2419013 Christopher Michael Powell v Commonwealth 09/24/2002
No error in admitting evidence seized after unannounced entry
2717013 Robert Dykes, a/k/a, v Commonwealth 09/24/2002
Evidence sufficient to support constructive possession
2796013 Perry Lee Jones v Mays Electric Company,Inc, et al 09/24/2002
No error in finding injury did not occur in course of employment
0823021 Pamela Wanamaker v Richard Wanamaker 09/17/2002
Summary affirmance no error in denial of change of custody
0835023 Margaret Elaine Ingo v Morton Powder Coatings, et 09/17/2002
Summary affirmance maximum medical improvement not proven
0868022 Directors Distributors Agri Supply v Robert Pugh 09/17/2002
Summary affirmance injury arose out of employment so award proper
0887024 Bernice Wilson v Fairfax County Dept. Family Servs 09/17/2002
Summary affirmance dismissal of case for failure to appear proper
1109023 Hardees of Norton No. 2849 v Lena Marie Stephens 09/17/2002
Summary affirmance carpal tunnel syndrome related to employment
1304023 William Payne Deeds v Team Carriers, Inc, et al 09/17/2002
Summary affirmance current treatment not related to work injury
1700012 George Antoinio Brandon v Commonwealth 09/17/2002
No error in denial of motion to suppress
0270021 Kelly Wilson v James City County Div Social Svc 09/10/2002
Summary affirmance no error in termination of parental rights
0362021 Yolanda C. Wilson v James City County Div Social 09/10/2002
Summary Affirmance no error in termination of parental rights
1385021 Barbara Harper v Virginia Beach Dept. Social Svc 09/10/2002
Summary affirmance no error in termination of parental rights
1290014 Michael Wayne Hash v Commonwealth of Virginia 09/03/2002
No reversible error in capital murder conviction
0028014 Deena Anne Esteban v Commonwealth 08/27/2002
Any error in denial of mens rea instruction harmless
0544011 Wallace Lee Stokes v Commonwealth 08/27/2002
No error in denial of motion to suppress and evidence sufficient
0763023 Hyters Coal Co, Inc, et al v Oral R Bragg 08/27/2002
Summary affirmance no error in award of PTD benefits
0785011 Trevor Tyron Adderly v Commonwealth 08/27/2002
No error in denial of motion to supress
0905024 Jeffrey L Williams v Gloucester Sheriff's Dept, et 08/27/2002
Summary affirmance appellant failed to preserve issues raised
0912022 United Parcel Service, et al v Melinda B Jones 08/27/2002
Summary affirmance no error in award of benefits to appellee
0954021 Newport News Shipbuilding, etc v Joseph W Burnett 08/27/2002
Summary affirmance evidence proved compensable consequence
0969022 Bobby L Monroe, Sr v Piedmont Geriatric Hospital 08/27/2002
Summary affirmance appellant bound by stipulation
2179011 Commonwealth of Virginia, etc v Vincent Richardson 08/27/2002
Error in terminating order retroactively and enjoining arrears
2232011 Scott Allan Ingram, s/k/a v Commonwealth 08/27/2002
Investigatory detention supported by reasonable suspicion
0403022 Steven David Haykin v Susan K D Haykin 08/20/2002
Summary affirmance no error in final decree of divorce
0740014 Calvin Drew Swanigan v Commonwealth 08/20/2002
No error in allowing evidence of appellant's prior bad acts
1400011 Dereck Earl Majette, s/k/a, etc v Commonwealth 08/20/2002
No error in use of victim's transcribed testimony
1677011 Wally Nathaniel Boone v Commonwealth 08/20/2002
Detention of victim not inherent in commission or robbery
1759011 Richard Albert Payne v Commonwealth 08/20/2002
Error in revocation of entire suspended sentences
2195012 Carol H Lee, Sr v Mary Y Lee 08/20/2002
Evidence insufficient to prove adultery as ground for divorce
2303014 Samra Fae Harvey v Commonwealth, etc 08/20/2002
Proffered instruction redundant and properly refused
2469014 Robert S Peck v VEC and Kavita D Ruchandani 08/20/2002
No error in award of unemployment benefits
0090024 Pauline F Wali v Abdul F Wali 08/13/2002
Summary affirmance no error in imputing income to appellant
0561014 Timothy Mark Payne v Commonwealth 08/13/2002
No error in refusal to disqualify juror for cause
0753021 Sentara Norfolk General Hospital v Michael W James 08/13/2002
Summary affirmance injury by accident proved arising out of job
0754021 Shore Life Care at Parksley v Gary Allen Davidson 08/13/2002
Summary affirmance no error in finding injury arose out of job
1754014 John Hanyok v Kathleen Hanyok 08/13/2002
No error in custody, support, visitation, equitable distribution
1898002 Edward Eugene Cox, s/k/a, etc v Commonwealth 08/13/2002
Evidence sufficient to support improper touching of victim
1959014 Timothy J Wilson v Commonwealth 08/13/2002
No error in contempt of court conviction
2306014 John William Kenney v Cathy Andrea Kenney 08/13/2002
Motion to suspend child support properly denied
2790014 Metropolitan Washington Airport v Patrick J Bailey 08/13/2002
Employer failed to rebut occupational disease presumption
0059024 Alexandria Hospital, et al v Meena Munjal 08/06/2002
No error in award of benefits as result of fall at work
0236024 Ole J Melkersen v New Market MetalCraft,etc, et al 08/06/2002
Appellant sole proprietor and notice not timely to insurer
0271024 Thomas Miklovic v Deborah L Napier 08/06/2002
Summary affirmance no error in imputing income to appellant
0280023 Agee's Inc., et al v Kyle Benton McGuire 08/06/2002
Summary affirmance injury by accident and disability proved
0564012 Nakita LaShaun Barnes v Commonwealth 08/06/2002
Error in CW's failure to provide criminal record of its witness
0677023 Donis Ray Cook v Pace Coal Company, et al 08/06/2002
Summary affirmance post 090299 disability not result of injury
0805014 Jermaine Chambers, s/k/a, etc v Commonwealth 08/06/2002
Larceny not lesser-included offense of carjacking
0858012 Joseph Lewis McCoy v Commonwealth 08/06/2002
Evidence insufficient to prove poss of heroin in another's apt
1362014 Michael Joseph Staton v Commonwealth 08/06/2002
Error in admitting reference to child porn found on computer
1574014 Marcella Denise Brown v Commonwealth 08/06/2002
Testimony not scientific evidence and properly not disclosed
1939012 James Edward Mangold v Commonwealth 08/06/2002
No error in admission of e-mail messages or portions of presenten
2015014 Kenneth Wayne Hubble v Terrie Lea Smith Hubble 08/06/2002
Wife entitled to monthly sum in addition to direct allotment
2262014 Jean Hall Rutherfoord, f/k/a, etc v James F Scott 08/06/2002
No error in finding agreement not in best interest of children
2270011 Charles Russell Guy v Commonwealth 08/06/2002
No error in allowing mother to testify to victim's statements
3356012 May Dept. Store Co v CW, DEQ, etc 08/06/2002
Error in judgment affirming DEQ denial of reimbursement
0360014 NICOLAS REYES V COMMONWEALTH OF VIRGINIA 07/30/2002
No reversible error in refusing vol manslaughter instructions
0475023 TAMMY FITZGERALD V MONTGOMERY COUNTY DEPARTMENT 07/30/2002
Summ affirmed evidence supports termination of parental rights
0568012 DEBBIE DENISE FLOYD V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence proved operation of vehicle in dui case
0772022 JESSE L ANDERSON JR V DANA BRAKE PARTS INC 07/30/2002
Summ affirmed not entitled to TTD benefits on termination of job
0880012 AVERY ELTON TAYLOR JR V COMMONWEALTH OF VIRGINIA 07/30/2002
Sufficiency of evidence to support drug & firearm convictions
1266012 ROBERT TERRELL JACKSON V COMMONWEALTH OF VIRGINIA 07/30/2002
sufficiency of evidence to support att mal wounding & revocation
1475011 SHARIF RANI McCOY V COMMONWEALTH OF VIRGINIA 07/30/2002
No abuse of discretion in sentence imposed or revocation
1516011 WILLIE HARVEY MIDDLEBROOKS JR V COMMONWEALTH 07/30/2002
Error in alowing CW to impeach w/prior juvenile adjudications
1920011 DEION COLLINS V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence proved presence character dominion control of marijuana
2101011 RICHARD BROWN SKA RICHARD LEE BROWN V COMMONWEALTH 07/30/2002
Requisite elements of offenses established w/out victim testimony
2183011 ERVIN McCOY HARRIS V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence established possession of cocaine & marijuana
2466002 JOSHUA DARNELL PERRY V COMMONWEALTH 07/30/2002
Consent to search not voluntarily given-error in denial of motion
2647012 JERMAINE ORSON YANCEY V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence supported unlawful taking
2792002 JOHN E WOODWARD V COMMONWEALTH OF VIRGINIA 07/30/2002
Argument on jury instruction barred by Rule 5A:18
2886011 KENNETH F WINSTON V COMMONWEALTH OF VIRGINIA 07/30/2002
Motion to strike properly denied as evidence sufficient
2977011 DEWAYNE BRAVELETT ELLIS V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence proved constructive possession of firearm
3107012 LESLIE PARKER CARWILE V SANDRA M CARVILE 07/30/2002
Appeal dismissed need transcript of ore tenus hearing
0140012 Marvin George May v Commonwealth 07/23/2002
TC did not error in response to jury instruction
0491012 Barbara Jane Smith v Commonwealth 07/23/2002
TC error in excluding evidence no double jeopardy violation
0492012 Charles Paul Smith Jr v Commonwealth 07/23/2002
no TC error evidence sufficient to support conviction
1029013 Michael Charles Fries v Patricia Ann Kelly Fries 07/23/2002
subsequent granted rehearing en banc
1198012 David Wayne Murphy v Commonwealth 07/23/2002
insuff convic statutory burglary and suff convic grand larceny
1856012 Susan W Kreiter v Victor W Kreiter Jr 07/23/2002
TC error re att revocation of psa;no duress
1886011 Robert Wayne DeHaven v Commonwealth 07/23/2002
sufficient evidence to support conspiracy
3025013 Thomas L Switzer v Samuel S Smith Jody B Smith 07/23/2002
no constitutional errors committed by the TC
3043012 Saundra L Ash v Raymond D Ash 07/23/2002
TC did not error on consideration of late filing by the wife
0388022 Patricia F. Mills v Falling Creek Sportswear, Inc. 07/16/2002
summary affirmance;claim precluded by statute of limitations
0641012 Teresa Rena McClung v Commonwealth 07/16/2002
Rule 5A:18 bars challenge to suff. of evidence
0917014 Louis Scott Hudson v Commonwealth 07/16/2002
evidence not sufficient to support second degree murder conv.
1850011 Gary Clements Ridley v Commonwealth 07/16/2002
evidence suff. to support convictions
1865012 George Tyrone Hutchinson, aka etc. v Commonwealth 07/16/2002
tc did not err in finding evidence sufficient to support convs.
2083011 Hodges Anthony Upshur v Commonwealth 07/16/2002
tc did not err in refusing proffered instructions
2426013 Reggie Gerald Wilson v Commonwealth 07/16/2002
evidence sufficient to support chain of custody
2577001 Andre Barbosa v Commonwealth 07/16/2002
tc did not err in refusing jury instruction on self-defense
0344021 Commonwealth v Michael Anthony Morris 07/15/2002
tc erred in order suppressing voluntary statements
0427021 Commonwealth v Thomas Allen Stormer 07/12/2002
tc erred in not making finding re consent to search
0118024 Jeffrey Bothen v Virginia DSS 07/09/2002
Sufficient evidence to support child neglect finding
2145012 James Edgar Talbert, III v Commonwealth 07/09/2002
Sufficient evidence, murder, use of firearm
2902012 Bobby W. Nelson v Grace V Nelson 07/09/2002
spousal support
3225012 Vernon Tyrone Curtis v Commonwealth 07/09/2002
Sufficient evidence to support petit larceny conviction
0249023 Roy Travis Blankenship v CSI/Archstone, etc. 07/02/2002
VWCC didn't err in causation finding; after-discovered evidence
1184012 Steven Joel Weinstein v Commonwealth 07/02/2002
tc didn't err in refusing to grant mistrial & sufficiency of evi.
1615012 Christopher Edward Harris v Commonwealth 07/02/2002
appellant operated car in presence of officer; misd. in presence
1805012 Joseph T. Buxton, et al. v Roger A. Murch, et al. 07/02/2002
civil contempt; tc did not err in finding & awarding atty fees
2077014 Mary Kathleen Hill v William John Hill, Sr. 07/02/2002
appellee did not willfully violate final decree of psa
2738012 Jamie Maurice Stokes v Commonwealth 07/02/2002
sufficiency of evidence re robbery conviction
0049024 Carl Edward Lord v Debra K. Lord 06/25/2002
Summarily affirmed; tc awarding protective order against husband`
0367012 Timothy Leon Jones v Commonwealth of Virginia 06/25/2002
TC err;tc improperly commented to jury on qual.& suff. of CW evid
1201982 Michael Allen v Commonwealth of Virginia 06/25/2002
No TC err: appellant sought no relief from TC; contentions barred
1405012 Marco Lance Martin c Commonwealth of Virginia 06/25/2002
No TC err:jury finding malice not plainly wrong beyond reas.doubt
2329012 Gary Santos Guzman v Commonwealth of Virginia 06/25/2002
No TC err: Evidence sufficient to convict for assault & battery
3361012 Michael Anthony Norman v Delmarva Sash & Door, etc 06/25/2002
Summarily affirmed;no inj. by accident arising out of employment
3426014 John C. Chao v Diana L. Wolf 06/25/2002
Summarily affirmed; tc granting wife's demurrer no error by tc
0593012 Patrick Noel Creed v Commonwealth of Virginia 06/18/2002
Evidence sufficient to support convictions of agg.sexual battery
0984012 Michael D. Jarrell v Commonwealth of Virginia 06/18/2002
Evid.suff.to support convictions for agg.sexual battery/admit evi
1532014 Russell Street v Commonwealth of Virginia 06/18/2002
Insufficient evid. to prove value of vehicle taken exceeded $200
1586012 Herman Lee Jones, Jr. v Commonwealth of Virginia 06/18/2002
No TC error: denial of motion to suppress offending drugs
2391012 Warren Lewis Baker v Commonwealth of Virginia 06/18/2002
Insufficient evidence to convict for grand larceny of automobile
2740012 Muguet S. Martin v Christopher Martin 06/18/2002
No TC err:striking evid./denying petition for perm.protect.order
3322012 Mary Agnes Jopseh Terry v Richmond DSS 06/18/2002
No TC err: evid. supports involuntary term. of parental rights
0174022 Rodney Lushbaugh v Richmond Dep't of Social Svcs 06/11/2002
Summarily affirmed: termination of parental rights
1328014 Leocade Leighton v Virginia Dep't of Health, etc 06/11/2002
No TC err: Leighton was not "party aggrieved" - had no standing
1380014 Lakisha R. Smith v Commonwealth of Virginia 06/11/2002
Evidence suff. to support conviction of voluntary manslaughter
1478012 Ian Kenneth Ackerman v Carol M. Pfeiffer, n/k/a 06/11/2002
No TC err:parties intention for marital share of retirement acct
1496012 Thomas A. Wyant v Commonwealth of Virginia 06/11/2002
Appeal dismissed;defendant failed to provide sufficient record
1619012 William James Ellison v Comonwealth of Virginia 06/11/2002
TC err: search was conducted after consent was withdrawn
1806012 Thang Due Nguyen v Commonwealth of Virginia 06/11/2002
No TC err:refusing to allow evid./overruling motion for mistrial
3065012 John Edward Jenkins v Dynatran, Inc.and Zurich Ins 06/11/2002
No WC err:clmt failed to submit claim within 2 years of accident
0109022 Tahoura Simpson v Richmond Department of Social Sv 06/04/2002
Summarily affirmed; termination of parental rights
0156022 Commonwealth of VA v Jawescamel Lajuan Terry 06/04/2002
TC err:reverse decision to supp.their use as evid.;no ill.search
0353022 Commonwealth of Virginia v Stephen Antoine Terry 06/04/2002
TC err:decision reversed to suppress use as evid.;no ill.search
0750014 Jonathan Kim v Commonwealth of Virginia 06/04/2002
No TC err: motion to suppress properly denied
1054014 Vesselin A. Panajotov v Commonwealth of Virginia 06/04/2002
Evidence sufficient to prove appellant knew property was stolen
2777001 Phys.Therapy Works, Inc. v VEC & Carla Kinsman 05/28/2002
Upon rehear.en banc, 10-16-01 mandate is vacated; judgment rev'd.
2850002 Itemus Wilson v Commonwealth of VA 05/28/2002
Convs. burglary, petit larceny and tampering aff'd.
2966002 Norman Major Allen v Commonwealth of VA 05/28/2002
Conv. possession cocaine rev'd; unlawful search & seizure.
3010002 Toonya Michlle Clary v Commonwealth of VA 05/28/2002
Conv. forgery and uttering aff'd; evid. proved identity as perp.
3062002 David W. Fogg v Commonwealth of VA 05/28/2002
Conv. 2nd deg. murder rev'd & remanded; TC err in jury inst.
1549012 Ronald Irving Mitchell v Commonwealth of VA 05/21/2002
Conv. grand larceny aff'd; evid. sufficient to prove item's value
1680012 Charles Corey Robinson v Commonwealth of VA 05/21/2002
Conv. possession cocaine affirmed; search/seizure legal.
2258012 Alonzo L. Williams v Commonwealth of VA 05/21/2002
Conv. forcible sodomy aff'd; life sentence not prejudicial.
3062012 Commonwealth v Quincy Brown s/k/a Q. Jamil Brown 05/21/2002
Convs. murder, attempted murder, carjacking and robbery aff'd.
0531014 Andrew Vitkow v Commonwealth of VA 05/14/2002
Probation revocation dec. aff'd; remand to clarify sentence..
0898012 Kimberly Elaine Brooks v Commonwealth of VA 05/14/2002
Conv. attempted malicious wounding aff'd; evidence sufficient.
0934012 Bernard Lester Waller a/k/a Bernard Rease v CW 05/14/2002
Conv. using false name and SSN on voter registration reversed.
1209012 Andrew Burney v Commonwealth of VA 05/14/2002
Conv. possession heroin aff'd; no illegal search was made.
1428012 Margaret Mae Meadors v Commonwealth of VA 05/14/2002
Conv. grand larceny rev'd & dismissed; evidence insufficient.
2488012 United Parcel Service et al. v Douglas J. Wheeler 05/14/2002
WCC award of benefits for total knee replacement affirmed.
2747012 Hercules, Inc. and Aqualon Co. v Allen W. McLean 05/14/2002
WCC award of benefits to complainant affirmed.
0262012 James Junior Fountain v Commonwealth of VA 05/07/2002
Conv. possession of firearm after felony aff'd; evid. sufficient.
0708011 Robert Lee Freeman v Commonwealth of VA 05/07/2002
Conv. grand larceny/vehicle rev'd & dismissed; evid. insufficient
1078012 Carl Edward Warren, Jr. v Commonwealth of VA 05/07/2002
Convs. petit larceny & credit card theft aff'd; evid. sufficient.
1588012 Latif Racquel Khaliq v Commonwealth of VA 05/07/2002
Conv. of misdemeanor escape from custody dismissed.
1848014 Kevin B. Carr v Mary Ellen Carr 05/07/2002
No TC error in valuation of business; award of spousal/child supt
1899013 Dan River, Inc. v Teresa G. Morrison 05/07/2002
WCC award of benefits reversed; injury did not arise from employ.
2064014 Gloria B. Jenkins v Nat'l Fruit Product Co. et al. 05/07/2002
WCC dec. aff'd; accident arose out of employment.
2297013 Toby S. Blevins v Kate Reid Blevins 05/07/2002
TC division of marital property affirmed.
2722003 Derrick Eugene Baldwin v Commonwealth of VA 05/07/2002
TC revocation of suspended sentence affirmed.
3472012 Suggs Carpet Installation et al. v Joseph W. Suggs 05/07/2002
Summarily aff'd; WCC award of benefits affirmed.
0074012 Elliott Nathaniel Miles v Commonwealth of VA 04/30/2002
Conv. possessing a firearm by felon affirmed;
0468014 Melvin Antonio Alston v Commonwealth of VA 04/30/2002
Conv. breaking/entering aff'd; evid. suff. to prove intent to rob
0679013 John Trevor Vilacha v Commonwealth of VA 04/30/2002
Conv. poss/cocaine rev'd; evid. insuff to prove constructive poss
1024012 Gregory Wayne Toney v Commonwealth of VA 04/30/2002
Convs. grand larceny & statutory burglary aff'd; evid. sufficient
1031012 Jerome Lee Woodson, Jr. v Commonwealth of VA 04/30/2002
Conv. poss/cocaine rev'd/remanded; search violated Fourth Amend.
2030001 Keith Lamonte Hill v Commonwealth of VA 04/30/2002
Convs. credit card forgery affirmed; evid. sufficient.
2058011 Randolph E. Jennings v Edith V. Jennings 04/30/2002
Terms of PSA incorporated into Final Decree affirmed.
2243014 Charter Integrated Services et al. v Richard Skoff 04/30/2002
WCC award aff'd; evidence supports causal connection to injury.
2460012 Wrangler, Inc. v Mary V. Coxson 04/30/2002
WCC decision to compensate claimant for med. expenses affirmed.
2484012 Shannon L. Keeter-Sherlock v Kevin R. Sherlock 04/30/2002
Summarily aff'd; separation agmt valid; not obtained by fraud.
3091011 Shellie Billingsley v Richard Billingsley 04/30/2002
No TC abuse of discretion by ceding juris. to Washington State.
3179011 Frederick M. Saxton v Sherri J. Saxton 04/30/2002
No TC error in division of property.
3237014 Walter Daniel Banit v Janell Christine Banit 04/30/2002
No TC error in granting petition to change custody/relocate to CA
0060014 Russell Edward Peverell v Karen Faye Conder Eskew 04/23/2002
Custody/support aff'd in part; rev'd/remand in part; rev'd/vacate
1205013 Sonja Fizer Hickson v Commonwealth of VA 04/23/2002
Conv. involuntary manslaughter & felony child abuse affirmed.
1869013 Sonja Fizer Hickson v Commonwealth of VA 04/23/2002
Convs. involuntary manslaughter & felony child abuse affirmed.
2349012 Raymond Earl Holt, Jr. v Drucker and Faulk, Inc. 04/23/2002
WCC award of benefits to claimant aff'd; injury compensable.
2456012 Drucker and Faulk, Inc. v Raymond Earl Holt, Jr. 04/23/2002
WCC award of med. benefits to claimant aff'd; injury compensable.
2645002 Muriel Louise Morrison v Commonwealth of VA 04/23/2002
Conv. assault/battery of law enf. officer aff'd; evid. sufficient
1577014 Anthony A. Sanchez v Melanie Sanchez 04/16/2002
Rule 5A:18 precludes consideration of issue on appeal;TC affirmed
2318013 Clinton Felton Jefferson v Servitex, Inc., et al. 04/16/2002
No WCC err: finding clmt failed to market residual work capacity
2724011 Tamena Wilson v Antoine Wilson 04/16/2002
Summarily affirmed;denying exceptions, refusing to continue etc
2816012 Rita F. Shifflett v Conagra Frozen Foods 04/16/2002
Summarily affirmed; injury by accident; problems related
3345013 Williams Equipment Corporation, et al.v Register 04/16/2002
Summarily affirmed; surgeries were medically reasonable & necess.
0552011 Kenny Murphy v Commonwealth of VA 04/09/2002
Revocation of suspended sentence aff'd; no violation of 19.2-259.
1085011 Emanuel Donta Holley s/k/a v Commonwealth of VA 04/09/2002
Conv. possession cocaine affirmed; evid. suff. to prove intent.
1150013 Amanda Loving Barr v Commonwealth of VA 04/09/2002
Forgery convictions affirmed; misnomer on indictment not relevant
1216011 Stacey W. Johnson v Commonwealth of VA 04/09/2002
Conv. accessory after the fact/burglary aff'd; evid. sufficient.
1317011 Vincent DePaul Medley a/k/a v Commonwealth of VA 04/09/2002
Arson conviction aff'd; evid. sufficient to support conviction.
1880011 Jirina Horvathova Newland v Charles Newland 04/09/2002
Final decree aff'd; no evidentiary errors made by comm. chancery.
1942013 Sonny James Turner v Commonwealth of VA 04/09/2002
Conv. 3rd offense petit larceny aff'd; circumstantial evid. suff.
2090002 David L. Veney (s/k/a Daniel) v Commonwealth of VA 04/09/2002
Search/seizure under plain view exception/4th Amend. permissable.
3065003 Kim Novell Rankin v Commonwealth of VA 04/09/2002
Conviction forcible rape of stepdaughter aff'd; evidence suff.
3140012 Quebecor Printing, Inc. et al. v Lesa W. Simms 04/09/2002
WCC award summarily aff'd; knee injury compensable.
3253013 The Goodyear Tire & Rubber Co. v Lynn W. McGinnis 04/09/2002
WCC award affirmed; claimant proved causal connection of injury.
1095012 Frances B. Crutchfield v State Water Control Board 04/02/2002
TC dec. rev'd; appellants have standing to file action; remanded.
1170013 Shariff Al'Malik v Commonwealth of VA 04/02/2002
Perjury conviction aff'd; evid. suff. to establish venue.
1208014 Louis E. Metcalf, Jr. v Claire K. Metcalf 04/02/2002
Contempt charge dismissed; TC abused discretion.
1211013 Tonya Hillman v Commonwealth of VA 04/02/2002
Convs. cruelty animals affirmed; no double jeopardy issues.
1424012 Tiffany Shakeya Pollard v Commonwealth of VA 04/02/2002
Robbery conviction affirmed; evidence sufficient to convict.
1944013 James Richard Flippen, Jr. v Commonwealth of VA 04/02/2002
Conv. assault aff'd; case remanded to correct clerical errors.
2293013 James E. Berger v Dalton Lumber Corp et al. 04/02/2002
WCC dec. aff'd; no error in finding Dalton not statutory employer
2345013 Sandra S. Burress v Hubbell Lighting, Inc. 04/02/2002
WCC dec. affirmed; employer not responsible for carpal tunnel.
2592013 Gordon N. Dempsey v Real Estate Appraiser Board 04/02/2002
Summarily aff'd; revocation of real estate appraiser license affd
2697013 Sue Ann Lane v Alcoa Building Products et al. 04/02/2002
Summarily aff'd; appellant failed to prove total disability.
2831003 Ampazzio Walleti Warren v Commonwealth of VA 04/02/2002
Conv. poss/intent aff'd; no err in not instructing jury on parole
2906013 Gloria Ann Blankenship v Total Home Care et al. 04/02/2002
WCC dec. summarily aff'd; claimant did not seek timely review.
2911013 Wanda Kay Pilkinton v Gary Lee Pilkinton 04/02/2002
Divorce on grounds of adultery affirmed; evid. proved residency..
2957014 Olga Lukashevsky v Igor Bakhir 04/02/2002
Summarily aff'd; appellant held in contempt for failure/pay suppt
3092013 Moyer Elvin Allen, Jr. v Joanne Smith Holt Allen 04/02/2002
Summarily aff'd; award of money judgment for property loss aff'd.
1819012 Tonya Woodward v Greene Co. Dept. Social Services 03/26/2002
Summarily aff'd; no TC err in terminating residual parental right
1889002 William Diamond Cheeks v Commonwealth of VA 03/26/2002
Upon Rehearing En Banc, Oct. 16, 2001 mandate vacated; TC aff'd..
2052013 Terry Lee Jackson v Commonwealth of VA 03/26/2002
Conviction possession cocaine aff'd; evid. suff. construct. poss.
2230012 Gordon R. Trice (Deceased) v James A. Thomas Co. 03/26/2002
No WCC err in ruling fatal accident didn't occur in course/employ
0729014 Vicki R. Mabie v Richard E. Mabie 03/19/2002
Decree aff'd; no abuse of discretion denying permanent spous/supt
0974014 Rosemarie Dorer v Feroz R. Siddiqui, Sr. 03/19/2002
No TC (circuit) error in holding it lacked subject matter juris.
1056011 Sterling H. Weaver v Commonwealth of Virginia 03/19/2002
Attorney's conv. for crim. contempt/obstruction rev'd/dismissed.
1125014 Washington Metro Transit Auth v. Kennedy T. Luong 03/19/2002
WCC award of temporary partial disability benefits affirmed.
1321014 Kathleen D. (Kervin) Diamond v Barry R. Diamond 03/19/2002
Issues consolidated w/ 1327014. No err in bus. valuation/atty fee
1327014 Barry Roger Diamond v Kathleen D. (Kervin) Diamond 03/19/2002
Issues consolidated w/ 1321014; no err in bus. valuation/atty fee
1726014 Tradesmen International, Inc. et al. v Gary T. Cox 03/19/2002
WCC award aff'd; no WCC error in interpreting Rule 1.4(C).
1822012 Geith, Inc./Comm. Union Ins. v Dale E. Wilborne. 03/19/2002
WCC award temp. total dis. benef. rev'd; inj. not out of employ..
2337011 Ashley W. Reid v Controlled Conditions Corp et al. 03/19/2002
WCC dec. denying additional benefits/change in cond. affirmed.
2398011 Kandie Huffman Law v William Ford Law, Sr. 03/19/2002
TC dec. incorporating parties' marial sep. agrmt. aff'd; binding.
2910014 Derrick Dehaney v City of Winchester Dept Soc Svcs 03/19/2002
Summarily aff'd re: termination of residual parental rights.
0136014 Eric Keys v Commonwealth of VA 03/12/2002
Conv. aff'd; request for "Weimer" hearing not properly preserved.
0139012 Michael Bell (Shelton Bell) v Commonwealth of VA 03/12/2002
Evid. insufficient to convict; reversed and indictments dismissed
0485014 Christina Merea Bailey v Commonwealth of VA 03/12/2002
Aff'd; evid. sufficient to convict grand larceny in bench trial..
0907014 Dee Edward Newland, Jr. v Georgeen M. Newland 03/12/2002
Rev'd/remand; private sch. tuition not child care exp./guidelines
1294014 Jhovanna G. Rocha v Falcon's Landing/Ace Amer. INS 03/12/2002
WCC dec. aff'd; claimant failed to market residual work capacity.
1558014 Charles Elton Murphy v Commonwealth of VA / DMV 03/12/2002
WCC dec. aff'd; claimaint not member of SPORS/police off. retire
1871012 Charles Michael Veliky v Sara T. Veliky 03/12/2002
Property agm't & support aff'd; issues not properly preserved.
1882012 Frank E. Biviano v Faith V. Kenny (f/k/a Biviano) 03/12/2002
Equitable dist. order aff'd in part, rev'd in part, remanded.
2074012 David Bryan Frantz v Leona Carol Phillips Frantz 03/12/2002
Summarily aff'd; no TC error regarding real estate settlement..
2185013 Huffmon R. Elliott v James L. Neighbors & Erie INS 03/12/2002
Summarily aff'd; multiple issues not properly preserved on appeal
2288012 Jean E. Attard v Anthony J. Attard 03/12/2002
Summarily aff'd; TC grants unsupervised visits with father.
2958004 Candice Miles v Commonwealth of Virginia 03/12/2002
Evid. suff. to convict for felony embezzlement/+$200 Waldenbooks
2995013 Lena D. Clay v Tultex Corp. & Underwriters Safety 03/12/2002
Summarily aff'd; claimant failed to prove change in condition.
0147014 Joe R. Jackson, s/k/a Joe Ralph Jackson v CW 03/05/2002
Evid.suff.to support conv.of driving under influence 3rd/sub.off.
0554012 George Harrison Seymour v Sharon Lee Seymour 03/05/2002
No TC err:husband didn't meet burden of providing just.for no pay
0710012 Alvin Quash v Marjorie S. Quash 03/05/2002
Evidence supports TC's ruling that divided all assets equally, et
0988011 Arthur P. Knox v Commonwealth of Virginia 03/05/2002
Denial of mtn to supp error;consent search consensual;search not
1335012 Dennis Lewis v Arby's of Emporia and TIG Indemnity 03/05/2002
No WCC error re: injury not caused by workplace
1388013 Tazewell Co.DSS, Bobby Webb & Sandra Webb v Boothe 03/05/2002
TC error: Consent in signing entrustment agreement not voluntary
2241003 Hugh Kevin Wooddell v Commonwealth of Virginia 03/05/2002
No TC err: CW didn't fail to provide excul.evid/no viol of Rules
2768011 Newport News Ship.& Dry Dock v Dennis E. Emerson 03/05/2002
Summarily affirmed; Employers recovery for credit for vol. pymts
2866012 Sharon Kay Dalton v Dept of ABC/Commonwealth of VA 03/05/2002
Summarily affirmed;Failed to prove equit.estoppel/doc. imposition
2904013 Dickenson Co. Sch. Bd, et al. v Eula Charlene Witt 03/05/2002
Summarily affirmed; Claimant justified in refusing select.employ.
2929002 Trisha Dawn Arnold v Commonwealth of Virginia 03/05/2002
Insuff.evidence of being accessory before fact to poss.cocaine,et
0204012 Ronald Oliver Sheppard v Commonwealth of Virginia 02/26/2002
Insuff.evid.to support check stolen; conv.rev./indict.dismissed
0935012 W. Bryan Settle v Geraldine H. Settle 02/26/2002
No TC err: spousal support and attorney's fees to wife
1120013 Raynham T. Heard v Janice A. Heard 02/26/2002
No TC error: remand to JD&R was consistent w/ Code 16.1-298(A)
1393012 Deborah M. Fickett v George L. Fickett 02/26/2002
We award divorce and denial of spousal support; case remanded
1790003 William Ted Wade v Commonwealth of Virginia 02/26/2002
No TC err: denial of motion for new sentencing hearing
1992011 Tracey A. Larkin v Holiday Inn Executive Center,et 02/26/2002
WCC correctly calculated overpayments in issue & ordered recovery
2557002 Jaquane Antre Hines v Commonwealth of Virginia 02/26/2002
Evidence suff.to support charges of enter vending machine/coins
2565013 Crystal McMillon v Carroll Co. Dep't of Social Svc 02/26/2002
Summarily affirmed; termination of parental rights
2715012 City of Danville School Board, etc.v Bonnie Watson 02/26/2002
Summarily affirmed; calculation of average weekly wage
2741012 Commonwealth of Virginia v Robert Lee Brown 02/26/2002
TC err: brief stop & limited questioning don't violate 4th & 5th
2752001 Armard Rashad Smith v Commonwealth of Virginia 02/26/2002
No TC err:defendant clearly guilty; conv.free of Griffin's error
3023003 James Edward Johnson, s/k/a, etc. v Commonwealth 02/26/2002
No TC err: excluding an overheard statement to contradict witness
0279012 Alonzo Claiborne v Commonwealth of Virginia 02/19/2002
Conv. poss cocaine w/int/dist rev'd; remand/resent. on poss. only
0292012 Floyd White v Commonwealth of VA 02/19/2002
Conv. rev'd/remand; TC err in refusing Batson review after motion
0556013 Paul Dwain Barts v Commonwealth of VA 02/19/2002
Conv. burglary rev'd; dismissed; house not a "dwelling" house.
1597013 Dominic R. Medure v Claudia C. Medure 02/19/2002
TC error re: div. of assets; Rule 1:1; no TC juris. after 21 days
1623004 Joseph Donald Thorpe, Jr. v Commonwealth of VA 02/19/2002
No TC error in revoking suspended sentence and probation.
2084001 Calvin Austin Hargrove v Commonwealth of VA 02/19/2002
Conv. poss. cocaine with int/dist aff'd; evid. sufficient to conv
2457014 AT&T Corporation v Robin Roxanne Vanskiver 02/19/2002
No WCC error in finding injury causually related to employment.
2666013 Washington Co. Serv. Auth. et al v Douglas Trivitt 02/19/2002
Summarily aff'd; injury by accident arose from employment..
2798001 Rasheen Malone (s/k/a Rasheen S.) v Commonwealth 02/19/2002
Robbery conviction aff'd; evidence sufficient to support convict.
2821004 Alhasane A. Soumah v Commonwealth of VA 02/19/2002
Conv. malicious wound. aff'd; No TC err in exclud. impeached evid
3022002 James Edward Smith, Jr. v Commonwealth of VA 02/19/2002
Conv. poss/cocaine aff'd; no 4th Amend. seizure violation.
0190012 Levon Denard Cooper v Commonwealth of VA 02/12/2002
Conv. grand larceny auto aff'd; evidence sufficient to convict.
0336012 Michael Lamont Foster v Commonwealth of VA 02/12/2002
Conv. of poss. cocaine w/ int. dist. reversed; evid. insufficient
0921012 Charles M. Potter v Commonwealth of VA 02/12/2002
Conv. of disorderly conduct affirmed; evid. sufficient to prove.
0928011 VA Equipment Develop. et.al. v Glenn A. Hinebaugh 02/12/2002
WCC award aff'd; pipe layer's injury causally related to employ.
2410011 City of Suffolk School Board et al. v Inga W. Ruth 02/12/2002
Summ. aff'd; claimant justified to refuse employer's treatment.
2473013 Jonathan L. Lipscomb v Quality Foods Coop. et. al. 02/12/2002
Summ. aff'd; no WCC err in denying award of temp total disability
2655013 Maple Leaf Bakery, Inc. et. al. v Kais H. Alhasani 02/12/2002
Summ. aff'd; no WCC err in proving inj. related to employment.
2668014 Giant Food, Inc. v Patricia A. Graninger 02/12/2002
Summarily aff'd; no WCC error; ankle surgery reas. & necessary.
2711011 Bertha L. Fennell, Widow v Tarmac Virginia et al. 02/12/2002
Summarily aff'd; decedent's death not causally related to injury.
0342011 Shun O'Neal Patterson v Commonwealth of Virginia 02/05/2002
TC properly instructed jury; evid. proved first degree murder
0343011 Shelton Thomas, s/k/a Shelton Ray Thomas v CW 02/05/2002
No TC err:admitting certificate of analysis;est.pre-analsis chain
0393011 Derrick Antonio Williams v Commonwealth of VA 02/05/2002
Evidence suff. to prove defendant inten.&knowingly possess heroin
0394011 Anthony Harris v Commonwealth of Virginia 02/05/2002
Prosecutor's remarks not intended as comments on failure to test.
0415011 Craig Leon Pulley, Jr. v Commonwealth of Virginia 02/05/2002
No TC err: no viol. of due process rights and equal prot.by age
0597011 Willie F. Wilson, s/k/a Willie Frank Wilson v CW 02/05/2002
Evidence sufficient to prove guilty of possession of cocaine
0769011 Wayne McClellan v Priscilla Jo McClellan 02/05/2002
No TC error re: overruling commissioner's finding re: spousal sup
1221011 Judy L. Heard v Kevin Heard 02/05/2002
Summarily affirmed;child supp.arrearages/failure to review eviden
2079011 Newport News Ship.and Dry Dock v David L. Gatling 02/05/2002
Clmt proved by clear&conv.evid.carpal tunnel caused by employment
2261013 Edward E. Stroupe, Jr. v Radio Shack/Tandy Corp,et 02/05/2002
Summarily affirmed; medical bills&mileage expenses weren't compen
2262002 Keith Williams, s/k/a Keith N. Williams v CW 02/05/2002
TC err: no reasonable cause to revoke suspended sentences
2679014 Louis Smith v County of Fairfax School Board 02/05/2002
Summarily affirmed; WCC refused to apply doctrine of imposition
2740001 Shaheem Labeeb Rasheed,a/k/a Alvin A. Barnes v CW 02/05/2002
No TC err: no abuse of discretion in revocation of susp.sentences
2901001 Marvin Maurice Bradshaw v Commonwealth of Virginia 02/05/2002
Evidence suff.to prove two separate larcenies (burglary&prop.dama
3076003 Geneva Mae Hooker Abbottv Commonwealth of Virginia 02/05/2002
No TC err:conditions on re-susp.sentences reasonable/no TC abuse
0017013 Charles E. Wilson v Commonwealth of VA 01/29/2002
Conv. of assault/batt of law-enf. officer aff'd; evid. sufficient
0209014 John D. Pellegrin v Diane L.B. Pellegrin (Ramee) 01/29/2002
TC dec. aff'd; no modif. of spousal suppt; remand for atty fees.
0233014 Glen S. Sines v Katherine S. Sines 01/29/2002
TC dec. aff'd re: denying appellant's req. to modify support.
0303012 Roy G.E. Longfield (s/k/a Roy W.) v Commonwealth 01/29/2002
Convs. aff'd for 2 counts agg. sexual batt. and carn. know. child
0322014 John L. Martin v C. Marie Martin 01/29/2002
TC dec. aff'd; no reduction in spousal suppt; remand for atty fee
0522012 Steven Brown v Commonwealth of VA 01/29/2002
Rev'd and remanded; intro of collateral evid. on cross in error.
0810014 Alvin W. Goodwin v Amherst Co. Sheriff's Off et al 01/29/2002
WCC dec. reversed & remanded re: heart disease/causal conn to job
1063012 Sa'ad El-Amin v Carolyn Adams 01/29/2002
Summarily aff'd re: support arrearages and order to make payments
1078001 Lerico Kearney v Commonwealth of VA 01/29/2002
Jury conv. for first-deg. murder & rel. firearm reversed/remanded
1224012 Torrence Jenkins (s/k/a Torrance) v Rich Dept SocS 01/29/2002
Termination of residual parental rights by TC reversed.
2203014 David B. Bostwick v Kelly J. Woods 01/29/2002
Summarily aff'd re: modif. of child supt & establishing arrears.
2204014 David B. Bostwick v Kelly J. Woods 01/29/2002
Summarily aff'd re: modif. of child suppt & establishing arrears.
2205014 David B. Bostwick v Kelly J. Woods 01/29/2002
Summarily aff'd re: modif. of child suppt. & establishing arrears
2450004 Irving William Vance v Commonwealth of VA 01/29/2002
Rape & abduction convs. aff'd; no err. in failure to strike juror
0434013 Alonzo T. Clark v Commonwealth of Virginia 01/22/2002
Conviction affirmed; no TC err in denying motion to suppress evid
1336014 Glenn A. Marston et.al. v. Fairfax Dept. Fam. Svcs 01/22/2002
Decision to terminate parental rights affirmed; No TC error.
2267013 Flowers Transport, et.al. v Teresa L. Lavis 01/22/2002
Summ. affirm. No WCC err. in find. change in cond. rel. to injury
2559004 Jason A. Morant v Commonwealth of Virginia 01/22/2002
No TC err; TC refused to grant prof. instr. on vol. manslaughter.
2834004 Samuel Gonzales Ortiz v Commonwealth of Virginia 01/22/2002
No TC error in finding evid. suff. to convict of robbery.
2875002 Regina Brown v Commonwealth of Virginia 01/22/2002
Conviction reversed; case dismissed; evid. insuff. to prove poss.
0039014 David Birmingham, Jr. v Century Concrete, et.al. 01/15/2002
WCC decision affirmed; medical evidence does not support claim.
1029013 Michael Charles Fries v Patricia Ann Kelly Fries 01/15/2002
Aff'd in part (agreement); reversed in part (support); remanded.
1438013 Valleydale Foods, et. al v Gye Y. Lee 01/15/2002
WCC award affirmed; employee marketed residual work capacity.
2409004 Henry G. Perry Bey v Commonwealth of Virginia 01/15/2002
No TC err in excluding evidence and refusing to grant mistrial.
2511002 Javon Lydell Booker v Commonwealth of Virginia 01/15/2002
Affirmed; no TC err in refusing def. counsel to question witness.
2905002 Lester Frizzell Morris, Jr. v Commonwealth of VA 01/15/2002
No TC error in admitting testimony of Asst. Comm. Atty; affirmed.
0198013 Sylvester Leo Guy v Commonwealth of Virginia 01/08/2002
Conviction affirmed; Records admissible under Shopbook Rule.
1514012 Timothy D. Wilson v Petersburg Dept. of Soc. Servs 01/08/2002
Summarily affirmed.
1543012 Trisha R. Jones v Petersburg Dept. of Soc. Servs. 01/08/2002
Summarily affirmed,
1694012 Robert B. Green, Sr. v Richmond Dept. Soc. Servs. 01/08/2002
Summarily affirmed.
1779011 Commonwealth of Virginia v Kebvin Shaquan Foster 01/08/2002
TC reversed; judge erred in finding no probable cause to arrest.
1889013 Commonwealth/Botetourt Co. v Chris Mark Grady 01/08/2002
No TC error in suppressing evidence and arrest; ruling affirmed.
1890012 Jennifer Ingram v Richmond Dept. Social Services 01/08/2002
Summarily affirmed.
0304011 Tanyin Berlin Holley v Commonwealth of Virginia 12/27/2001
No TC error in finding evid. suff. to convict and prove possess.
0353011 Ricky Ray Wilkins v Commonwealth of Virginia 12/27/2001
No TC error in ruling evid. sufficient to convict; dec. affirmed.
1501014 Yvette Perez v Fairfax Co. Dept. of Family Service 12/27/2001
Appeal dismissed; statement of facts not timely but indispensable
2012013 Nicole C. Chantee v Hudson Industries Inc. et. al. 12/27/2001
Summarily affirmed.
2498002 Charles Delk v Commonwealth of Virginia 12/27/2001
No TC error in denying motion to suppress; evid. suff. to convict
2623002 Carlisle Rawles Zimmer v Commonwealth of Virginia 12/27/2001
Upon entering Alford plea, def. waived right to appeal den.motion
2635004 Kevin Eugene Carter v Commonwealth of Virginia 12/27/2001
TC judgment aff'd; evidence sufficient to support jury conviction
3018001 Tomolacas McKenzie v Commonwealth of Virginia 12/27/2001
No TC error in finding def. consented to search of vehicle
1706011 Commonwealth of Virginia v Kenneth Washington 12/20/2001
TC reversed; def. failed to est. standing to challenge search
0206012 Jeffrey S. Smith v Kathy D. Mann 12/18/2001
No TC err in deciding not to impute income or find Smith underemp
0213013 Tyrus Lamon Mayo v Commonwealth of Virginia 12/18/2001
No TC error: denial of motion to suppress
0293013 Barry Wayne Wicker v Commonwealth of Virginia 12/18/2001
No TC abuse of discretion in sentencing; case remanded for resusp
0307013 Claude Prunty v Commonwealth of Virginia 12/18/2001
Evidence sufficient to prove prior conviction of felony
0350013 Edward Harold Nelson, Sr. v Commonwealth of VA 12/18/2001
Evidence sufficient to convict for consp. to commit murder & B&E.
0647012 Kathy D. Mann v Jeffrey S. Smith 12/18/2001
No TC error in dec. not to impute income or exclude certain funds
1113002 Ernest William Ramsey v Commonwealth of Virginia 12/18/2001
Upon Rehearing En Banc, judgment of Trial Court is affirmed.
2239014 Lydia S. Hamblin v Wal-Mart Stores, et al. 12/18/2001
Summarily affirmed
2310002 Daniel Charles, Sr. v Commonwealth of Virginia 12/18/2001
Insuff.evid.to support constr.poss.or poss.w/intent to distribute
2468002 Herbert Gause v Commonwealth of Virginia 12/18/2001
Evidence suff. to prove jury's finding appellant acted w/malice
0142011 Calvin Eugene Williams v Commonwealth of Virginia 12/11/2001
TC err: denying mtn to strike juror for cause; error not harmless
0185011 Willie Walter Butler, Jr. v Commonwealth of VA 12/11/2001
No TC err:reconstituting original jury panel & proceeding w/trial
0948013 Nataliya A. K. Bishop v Wallace R. Bishop 12/11/2001
Summarily affirmed
1136013 Hayden Wayne Sizemore v Kathryn Mae Kirk Sizemore 12/11/2001
Summarily affirmed
1443011 Ann Majewski Miller v John R. Miller, Jr. 12/11/2001
Summarily affirmed
1465011 John R. Miller, Jr. v Ann Majewski Miller 12/11/2001
Summarily affirmed
1798011 Alltel Communications, etc. v Teresa E. Holzner 12/11/2001
Summarily affirmed
1908012 Paul E. Groves v VEC and Navistar Int'l Trans. 12/11/2001
Summarily affirmed
2021011 Pro Temps Temporary Service,etc v Daniel P. Carner 12/11/2001
Summarily affirmed
2055014 Michael Joseph Staton v Commonwealth of Virginia 12/11/2001
TC err:concluded it lacked authority to condition release on bail
2152011 Ruth Lindsay v Domestic Linen Supply, et al. 12/11/2001
Summarily affirmed
2253011 Nurnie Reid v City of Portsmouth Sheriff's Office 12/11/2001
Summarily affirmed
2281002 John Joseph Warmouth v Commonwealth of Virginia 12/11/2001
Evidence sufficient to support conviction of aggravated mal.wndng
2496014 Grace Matthews v Homeplace Holdings, Inc., et al 12/11/2001
Summarily affirmed
2939003 Virginia Electric & Power Company v W. Crawford 12/11/2001
Correction to page 8 -- should be "process in Virginia. . . ."
0178011 Donta Antonio Brown v Commonwealth of Virginia 12/04/2001
No TC err: denying mtn to suppress evid. obtained by police
0301013 William Lee Rhodes v Commonwealth of Virginia 12/04/2001
Evidence suff. to convict for assault on law enforcement officer
0735013 Chad Robert Shaffer v Commonwealth of Virginia 12/04/2001
Appellant failed to preserve claims of error for appeal; conv.aff
1258011 Michael Ray Tutor v City of Norfolk Police Dep't 12/04/2001
No WCC error re: injury didn't arise out of employment
1309011 Fas Mart, Inc., etc. v Gail R. Fox 12/04/2001
No WCC error: claimant's injury arose out of employment
1383011 Fluor Corporation, et al. v Joel W. Beasley 12/04/2001
No WCC err: documentation w/application failed to est.prob.cause
1413004 Robert McGuire v Commonwealth of Virginia 12/04/2001
CW failed to prove McGuire made false 911 calls; conv.reversed
2620001 Dirk Williams v Commonwealth of Virginia 12/04/2001
Evid.suffi.to supp.conv.of dist.of cocaine w/in 1000 ft of school
2692001 Kenneth Ray Horne v Commonwealth of Virginia 12/04/2001
Evidence suff.to convict; no TC err: not ordering competency eval
2764001 James Edward Handy, Jr. v Commonwealth of Virginia 12/04/2001
No TC error re: denying mtn for new attorney/grant continuance
2848002 Jimaris S. Jennings v Commonwealth of Virginia 12/04/2001
No TC error: didn't induce guilty plea; no viol.of 6th&14th Amend
0086012 Orville L. Dempsey v Henrico (County of) Fire 11/27/2001
No WCC err: reversing DC's decision in order for "just determin."
0282011 Regina Bossong Butler v City of Virginia Beach 11/27/2001
No WCC err: no persuasive med.evid.re:perm. incapacity to work
3002002 Teri C. Jernigan v Daryl W. Clayton 11/27/2001
Case remanded:implementation of order -- husb.make lump sum pymnt
1176013 Ricky A. Miller v Island Creek Coal Company 11/20/2001
No WCC err:record supports clmnt's disab.not related to comp.inj
1299013 Bevin R. Alexander v Pamela Craig Alexander 11/20/2001
Summarily affirmed
1341002 Venessa M. Monger v Commonwealth of Virginia 11/20/2001
Evidence suff. to prove Monger had actual notice of H.O. status
1718003 Mark Todd Showalter v Commonwealth of Virginia 11/20/2001
Because appellant didn't properly preserve issues, jdgmt affirmed
1926002 Venessa M. Monger v Commonwealth of Virginia 11/20/2001
No TC err:affirm.DMV H.O. status; claim under EPC has no merit,et
2224003 Mark Todd Showalter v Commonwealth of Virginia 11/20/2001
No TC err:ordering appellant to appear without counsel;Rule 5A:18
2319003 Torrence Lamont Smith v Commonwealth of Virginia 11/20/2001
Evidence sufficient to convict for forcible sodomy
2728002 Janell Louise Gates v Commonwealth of Virginia 11/20/2001
Evidence suff. to support conviction for uttering forged instrum
2845004 Atif Beyah Saleem, a/k/a Wm. Robinson v P. Saleem 11/20/2001
TC error: dismissing bill of complaint because he's incarcerated
2856003 April Dawn Wilson v Commonwealth of Virginia 11/20/2001
No TC error re: granting CW a continuance
0035012 David Michael Fricke v Commonwealth of Virginia 11/13/2001
Appellant failed to raise lack of probable cause; evid.sufficient
0614013 Betty B. Coal Company, Inc., et al. v Jerry Dotson 11/13/2001
No WCC error re: credible evidence supports WCC's finding of fact
1707002 Antoine Andre Woodhouse v Commonwealth of Virginia 11/13/2001
TC err:deny mtn to supp. certain evid.;jdgmt rev.& chgs dismissed
1734011 Food Lion, Inc.,et al. v Douglas McArthur Seals,Jr 11/13/2001
Summarily affirmed
1897014 TravCorps, et al. v Faustine I. Cooper 11/13/2001
Summarily affirmed
2070002 Randy Eugene Donnelly v Commonwealth of Virginia 11/13/2001
Evidence sufficient that defendant (conv.felon) possessed firearm
2578002 Frank Clifton King, Jr. v Commonwealth of Virginia 11/13/2001
Because no miscarriage of justice, claim won't be considered
2610001 Antoine Maurice Richardson v Commonwealth of VA 11/13/2001
Evidence sufficient to convict for poss.w/intent to distr.cocaine
2927004 Walter George v Barbara E. Locklin-George 11/13/2001
No TC err:child supp.,sp.supp.&equit.distr.;TC err:future ch.supp
0123012 David J. Howell v CW, DSS, DCSE, ex rel Fisher 11/06/2001
No TC error re: district court had jurisdiction to award ch.supp
0874012 Ronald W. Craft v Commercial Courier Express, etc 11/06/2001
No WCC err:st.of limit. bars current application for disabililty
0995012 Brenda Lee Scott Jackson v James Elias Jackson 11/06/2001
Summarily affirmed
1455013 Larry Harlen Sergent v Freedom Ford Lincoln, etc 11/06/2001
Summarily affirmed
1544013 William Howell Grover, II v Sandra Hackley Grover 11/06/2001
Summarily affirmed
1744011 CW, UEF v Timothy J. Bauman and Leon Lovings/etc 11/06/2001
Summarily affirmed
1771013 B.A. Mullican Lumber etc. v Larry Hubbard 11/06/2001
Summarily affirmed
1849002 Leroy Thomas Young v Commonwealth of Virginia 11/06/2001
No TC err: mtn to suppress; searches didn't rise to Const.level
1952002 Larry Ray Martin, Jr. v Commonwealth of Virginia 11/06/2001
Appellant failed to preserve appeal;objections on presentence rpt
1991001 Noel Jones v Commonwealth of Virginia 11/06/2001
Insuff. evidence to support conviction for possession of cocaine
2046002 Central Delivery Service, et al. v VEC 11/06/2001
VEC and TC erred in denying exemption from state unemployment tax
2345002 Christopher James Hubbard v Commonwealth of VA 11/06/2001
Evid.proved stmts were willful/corroborated;TC didn't shift proof
2361001 Jarvis Deshanon Brown v Commonwealth of Virginia 11/06/2001
Evidence suff. to convict for poss.w/intent to distribute
2475002 Mario Sentia Johnson v Commonwealth of Virginia 11/06/2001
CW failed to prove force, violence or intimidation
0152012 Shawn Edward Jones v Commonwealth of Virginia 10/30/2001
No TC err: no 4th Amendment violation; denial motion to suppress
0966012 Ronald P. Dick v Jean A. Dick 10/30/2001
Summarily affirmed
1422011 Claire L. Roth v The Lee Group/Lee Staffing, etc 10/30/2001
Summarily affirmed
1479011 Edward H. Bender v Virginia Marine Resouces Comm 10/30/2001
Summarily affirmed
1770013 Buchanan General Hospital, et al. v Frances Hunt 10/30/2001
Summarily affirmed
2130002 Melvin L. Gilmore v Commonwealth of Virginia 10/30/2001
Evidence sufficient to support conviction for poss. of cocaine
2440002 Ossie Lee Richardson v Commonwealth of Virginia 10/30/2001
Evidence sufficient to support conviction for poss. of cocaine
2732003 James M. Hegedus v Commonwealth of Virginia 10/30/2001
No TC err:breath test administered ok;cert.of analysis admissible
0095013 Earl Dean Roberts v Patricia Lee Roberts 10/23/2001
TC err:no support that statutory factors were properly considered
0348002 Walter Scott Baugh v Commonwealth of Virginia 10/23/2001
No TC err: evid.suff to support conv./letter complied w/statute
0352014 Ezzat M. Zein v Nora H. Burgan (Zein) 10/23/2001
Summarily affirmed
0762001 Torie Devon Redmond v Commonwealth of Virginia 10/23/2001
Upon Rehearing En Banc, judgment of trial court reversed & remand
0960012 Billy Dean Nance v Valerie Limerick 10/23/2001
No TC err: admission of evidence of prior domestic abuse harmless
1332013 Susan Ann LeBlanc v Petroleum Marketers, etc. 10/23/2001
Summarily affirmed
1504013 Tommie Branch v James Madison University/CW 10/23/2001
Summarily affirmed
1573003 Darryl Carneal Law v Commonwealth of Virginia 10/23/2001
No TC error re: refusing instruction of justifiable self-defense
1579011 Martha Blowe-Melton v City of Portsmouth, et al 10/23/2001
Summarily affirmed
1598011 Jimmy Ray Fisher, Decedent, et al. v Tidewater App 10/23/2001
Summarily affirmed
2263002 Kevin Lee Green v Commonwealth of Virginia 10/23/2001
Evid.sufficient to support conspiracy to poss.marijuana w/intent
2273004 Timothy Lee Bumbrey v Commonwealth of Virginia 10/23/2001
TC err:CW didn't meet burden re: items' value;jury not instructed
2385003 Cassandra Anne Gullion v Commonwealth of Virginia 10/23/2001
No TC err: refusing to strike the evidence; testimony credible
2602004 Gary Wayne Steed v Commonwealth of Virginia 10/23/2001
Evid.suff. to support convictions for constructively poss.cocaine
2640003 Thomas Lewis Bradner v Commonwealth of Virginia 10/23/2001
Evidence sufficient to prove defendant aided & abetted in robbery
2662003 Roseanne T.L.Goldman (West) v Henry M. Goldman,III 10/23/2001
No TC err: wife approved comm.findings; ordering wife to pay husb
2664004 S T G, Inc. and Travelers Indemnity v Ivan Tooks 10/23/2001
Upon Rehearing En Banc, order of WCC is reversed
2878003 Roger Craig Williams v Commonwealth of Virginia 10/23/2001
No TC err:denying mtn to supp.evid.seized during warrantless srch
0560013 Double M Coal Company, et al.v Scott Wayne Collins 10/16/2001
No WCC err: est.compensable dis; proved chg in cond.; mar wk cap
0910013 Price Guttering & Insulating,etc. v Noland Kilgore 10/16/2001
No WCC err: clmt filed claim related to neck in statutory time
1319001 Jermaine S. Doss v Commonwealth of Virginia 10/16/2001
No TC err:admission of evidence to telephone records or testimony
1538014 Frank Verderosa, Jr. v Greenrose Maintenance, etc 10/16/2001
Summarily affirmed
1616001 Billy Ray Seal v Commonwealth of Virginia 10/16/2001
No TC error re: Seal entered home w/intent to assault and batter
1666002 David Evan Brown v Commonwealth of Virginia 10/16/2001
No TC err:upholding facial challenge of 19.2-120(B);not supp.evid
2441003 Michael Jasper Council v CW and City of Lynchburg 10/16/2001
Evidence sufficient to support conviction of statutory burglary
1254004 Jacob Dale Monroe v Commonwealth of Virginia 10/09/2001
No TC error re: overruling appellant's objection; cross-exam, etc
1402014 Exposaic Industries, Inc. v Sherman R. Washington 10/09/2001
Summarily affirmed
2277001 Antonio Lamont Mozelle v Commonwealth of Virginia 10/09/2001
No TC error re: admitting fingerprint card; evid.suff.to convict
2452001 Robert Joseph Slavek v Commonwealth of Virginia 10/09/2001
TC err:conv.s for poss.of child porn;No TC err:reprod.child porn
0915014 Gregory Jude DeVeau v Mutsumi Azemoto 10/02/2001
Summarily affirmed
1034012 John G. Myers, Jr. v Christina Myers 10/02/2001
Summarily affirmed
1308012 Rappahannock Wire Company, et al.v Vincent Schmitt 10/02/2001
Summarily affirmed
1382011 Samuel G. Payne, Jr. v K. Jones Hauling, et al. 10/02/2001
Summarily affirmed
1484013 Bobby Derwin Gibson v Bill Gatton Chevrolet, et al 10/02/2001
Summarily affirmed
1485002 Marcus Antonio Campbell v Commonwealth of Virginia 10/02/2001
Suff.evid.to prove he possessed cocaine; No TC err: admit lab rpt
1485014 Southland Industries, et al. v Warren E. Evans 10/02/2001
Summarily affirmed
1650001 Richard N. Hamlin v Janet S. Hamlin 10/02/2001
No TC error re: refusing to terminate spousal support
2191002 Hal Kennedy Lee v Commonwealth of Virginia 10/02/2001
Evid.suff.to prove rape & forcible sodomy;NoTC err:admit.evidence
2267002 Christopher J. R. Whitney v Babette C. Whitney 10/02/2001
No TC err: relying on representatives to find agrmt valid;etc
2368001 Anthony Ray Stubbs v Commonwealth of Virginia 10/02/2001
No TC error: denying mtn to suppress evidence(no 4th Amend. viol)
2487002 Omar John v Commonwealth of Virginia 10/02/2001
Evid.sufficient to prove possession of marijuana;intended to dist
2685001 Larry Barnes v Commonwealth of Virginia 10/02/2001
Evidence sufficient to convict for second-degree murder
2942003 Dennis G. Smith, Dr., et al. v Liberty Nursing,etc 10/02/2001
No TC error: attorneys' fees granted; TC error: award of interest
0250002 Troy Caple v Commonwealth of Virginia 09/25/2001
Correction to page 1;line two should be "eighteen" not "thirteen"
0803014 Valdimir Nadeine v Alexander Konanykhine 09/25/2001
Summarily affirmed
0960002 Anthony C. Hudgins, Jr. v Commonwealth of Virginia 09/25/2001
Insufficient evidence to prove malicious wounding
1018012 Commonwealth of Virginia v Jason Sinclair, s/k/a 09/25/2001
Correction to page 1, atty's line; Mr. Janus argued for appellee
1061012 Shanica DeJesus v Richmond Dept of Social Services 09/25/2001
Summarily affirmed
1151011 Linwood W. Burt v McLean Contracting Company, etc 09/25/2001
Summarily affirmed; also remanded for possible sanctions
1372002 Clarence Boyd v Vera Boyd 09/25/2001
No TC err: equitable dist.& sp. supp. awards; wife gets atty fees
1662011 Michelle Rayeford v City of Portsmouth DSS 09/25/2001
Summarily affirmed
1734001 Antonio Lamont Mozelle v Commonwealth of Virginia 09/25/2001
TC error: denial of mtn to suppress evidence obtained by police
2382001 Anthony T. Alston v Commonwealth of Virginia 09/25/2001
No TC err:denial of mtn to supp.stmt was result of interrogation
2751001 Johnnie Lang Edwards,a/k/a Samuel Jones v VA Beach 09/25/2001
No TC err: conv. can't be tainted by failure to give breath test
2789001 Jason E. Manas v Commonwealth of Virginia 09/25/2001
Evid.suff. to support convictions of forgery, uttering, obtain $
1080013 Martha Ann Perkins v Lynchburg DSS 09/18/2001
Order appealed from is affirmed; parental rights terminated
1155013 Walter Everett Childress v Appalachian Power Co. 09/18/2001
Summary Affirmance
1197002 Michael Antoine Pointer v Commonwealth of Virginia 09/18/2001
Evidence established valie of shirts exceeded $200; conv.affirmed
1909002 Omar Rashar Carrington v Commonwealth of Virginia 09/18/2001
Evidence sufficient to support convictions for cocaine, etc
2506002 Maurice Ernest Ivey v Commonwealth of Virginia 09/18/2001
Evidence sufficient to support convictions for robbery, et al.
0690003 Jonathan P. Bignelli v Commonwealth of Virginia 09/11/2001
No TC error re: denial mtn to suppress evidence after search
0911012 Ronald Lawson v Hanover Juvenile Corr.Ctr, et al. 09/11/2001
Summarily affirmed
1134013 Lonnie James Breeding v Clinchfield Coal, et al. 09/11/2001
Summarily affirmed
1138013 Paul Thomas Burke v Staunton Goodyear, et al. 09/11/2001
Summarily affirmed
1410012 Adam Keating Wyatt v Melanie Kay-Wyatt 09/11/2001
Summarily affirmed
1451003 Michael Anthony Yarzebinski v Commonwealth of VA 09/11/2001
Evidence sufficient to convict for breaking and entering, etc.
1507993 Anna Marie Dotson v Commonwealth of Virginia 09/11/2001
Upon Remand from the Virginia Supreme Court, conviction reversed
1541993 Michael Rell Dotson v Commonwealth of Virginia 09/11/2001
Upon Remand from Virginia Supreme Court, conviction reversed
3047003 Judy Lynn Heck Monahan v Lawrence Keith Monahan 09/11/2001
No TC err:postnuptial agrmt & decree adjudication of marital prop
0467013 Jerry Wayne Carper v Debra Roach Carper 09/04/2001
Summarily affirmed
1105014 Mawia H. Mohamed v Marriott International, etc. 09/04/2001
Summarily affirmed
1106012 Mary Immaculate Hospital, etc. v Brenda H. Nash 09/04/2001
Summarily affirmed
0442002 Thomas A. Chilton, Jr., s/k/a v Commonwealth of VA 08/28/2001
TC err:use of FA in comm. of robbery; No TC error: robbery et al.
0917002 Larry Junior Cheatham v Commonwealth of Virginia 08/28/2001
Evidence sufficient to support conviction for first-degree murder
1099012 Douglas Wayne Basham v Crestar Bank/SunTrust Bank 08/28/2001
Summarily affirmed
1115013 James R. Milam v Consolidation Coal Company 08/28/2001
Summarily affirmed
1265002 Thomas Arthur Chilton, Jr. v Commonwealth of VA 08/28/2001
No TC err: appellant's suspended sentence was extant when revoked
2587002 Barrett Learning Center/CW v Joseph F. Rohrer 08/28/2001
Consideration of claim barred;not consider issue not before WCC
3074002 Arnold H. Holeman, Jr. v Harold Holeman, et al. 08/28/2001
No WCC err: Clmt didn't use reasonable efforts to market work cap
0791011 CW/ Dept of Transportation v Ruffin H. Savedge, Jr 08/21/2001
Summarily affirmed
1247002 Larry Antonio Neblett v Commonwealth of Virginia 08/21/2001
Evid.suff.to convict for B&E in 00-380-F; TC judgment affirmed
2155002 Jermaine Alfonzo Harris v Commonwealth of Virginia 08/21/2001
No TC err:denial mtn to sever;jury instruct re concert of action
0466014 Charles Edward Reed, III v Michael A. Hersam, etc 08/14/2001
Summarily affirmed
0483012 Holly Woodall v Fredericksburg Dept. of Social Svs 08/14/2001
Summarily affirmed
0930011 Huss, Inc. and Fireman's Fund Ins. Co. v Bohannan 08/14/2001
Summarily affirmed
0952002 Donnie Wayne Bowman v Commonwealth of Virginia 08/14/2001
No TC err: denial of appellant's post-sentence motion to WD pleas
1005014 James H. Suddreth v Loudoun Co. Building, etc. 08/14/2001
Summarily affirmed
0801003 Leroy Skeen v Glenda Nell (Parsons) Skeen 08/07/2001
Appeal dismissed; no exhibits properly offered; no trans, sof
1314002 Michael Leon Edwards v Commonwealth of Virginia 08/07/2001
No TCerr:not suppressing drugs found when searched;had prob cause
2017003 Flavia Diaz de Tanger v William Henry Tanger, III 08/07/2001
No TC error re: terminating spousal support per Code 20-109(A)
2023002 Corey Evander Johnson v Commonwealth of Virginia 08/07/2001
Evid.suff.beyond reas.doubt guilty of poss.cocaine & heroin w/int
2083004 Patricia D. Irlbacher v George W. Irlbacher, Jr 08/07/2001
Equit.distr.order appealed is affirmed in part; reversed in part
2563002 Edwin Eugene Gelletly, Jr. v Elana H. Gelletly 08/07/2001
Appellate review procedurally barred;wife's mtn dismissed;no fees
0414004 Gregory R. Banks v Sharon E. Banks 07/31/2001
No TC error re: euitable distribution; business was marital prop
0488014 Grace C. Rutledge v E. Preston Rutledge 07/31/2001
Summarily affirmed in part and dismissed in part
0768014 CPF Corporation & Safeguard Insurance Co. v Benbow 07/31/2001
Summarily affirmed
0779003 Thomas L. Switzer v Samuel Smith, Jody Botkin, etc 07/31/2001
No TC error re: awarding custody to Smith and Botkin
1159003 William and Carleen Switzer v Thomas Switzer, etc 07/31/2001
No TC error re: granting custody of child to Smith and Botkin
1238002 Harry Joseph McNair v Commonwealth of Virginia 07/31/2001
No TC error: McNair's claim barred by Rule 5A:18
1239004 Lamont Allen Johnson v Commonwealth of Virginia 07/31/2001
No TC error: refusing his proffered jury instruction re: larceny
2293001 Darryl Leon Hall v Commonwealth of Virginia 07/31/2001
No TC err: denial mtn to sup.evid.obtained in viol of 4th Amend
2564002 Ronald G. Reese v Davidina T. Reese 07/31/2001
No TC error re: TC didn't waste time; arrearages; value of 401K
2670001 Dante Shaw v City of Newport News DSS 07/31/2001
No TC err: clear&convincing evid.supporting term. parental rights
0285014 Stanislaw W. Zajaczkowski v Jolanta Zajaczkowska 07/24/2001
Summarily affirmed in part and dismissed in part
0618012 United Parcel Service, etc. v Angel-Eyes Blackfoot 07/24/2001
Summarily affirmed
0645012 Commonwealth of Virginia v Dwayne Mark Lewis 07/24/2001
We reverse TC's suppression order and remand case to trial court
1584003 Roger Donovan Freeman v Commonwealth of Virginia 07/24/2001
NoTCerr:denial mtn to supp;evid.seized during execution of warran
1667001 Stephen Wayne Ferguson v Commonwealth of Virginia 07/24/2001
Evid.suff.to support conv/committed more than 1 larceny/2 conspir
1744003 Steven R. Lucas v CW,DSS,DCSE, ex rel Teresa Becks 07/24/2001
No TC error: dismissal of father's petition to reduce child supp.
1827003 Tracy Lamont Williams v CW and City of Danville 07/24/2001
No TC err: admitting evidence through warrantless search;evid.suf
2010992 James Van Shoaf, Jr. v Joyce Hobson Shoaf 07/24/2001
Upon Rehearing En Banc, judgment of trial court affirmed
0095004 Suzanne H. Scheer, et al.v CW, State Water Cont.Bd 07/17/2001
No TC error: order affirming issuance of Water Protection Permit
0374011 Barbara W. Barclift v Kempsville Presbyterian, etc 07/17/2001
Summarily affirmed
0582013 Kimberly E. Martin v Town of Pulaski, et al. 07/17/2001
Summarily affirmed
0694014 Manassas Park City School Board, et al.v Phipps 07/17/2001
Summarily affirmed
0711014 Rebecca Sue Phipps v Manassas Park City School Bd. 07/17/2001
Summarily affirmed
0758003 Clinton Cecil Harden v Commonwealth of Virginia 07/17/2001
No TC err: grant CW recess to obtain add'l evidence/intro of evid
1488004 Bradley Scott Johnson v Commonwealth of Virginia 07/17/2001
No TC error: proposed instruction defining "use" was erroneous
1664002 Robert D. Swander v Susan M. Swander 07/17/2001
Summarily affirmed
1720001 Charles E. McIntyre v Commonwealth of Virginia 07/17/2001
Evidence sufficient to support conviction of robbery, use FA, etc
2438001 Alvin T. Darden, Jr.s/k/a Alvin Tyrone Darden v CW 07/17/2001
Evidence sufficient to convict for embezzlement(requisite intent)
2444004 John A. Raiello v Kathleen L. Raiello 07/17/2001
TC err: equit.dist./amount of rent/No TC err: spousal supp./abuse
2683002 Alan Michael Legas v Carol Eulene L.Legas, a/k/a 07/17/2001
No TC error: child support arrearages; 401K contrib./ union dues
2944003 Randolph Campbell (Deceased), etc v Rubatez Corp 07/17/2001
Summarily affirmed
2965004 Safeway Stores, Inc. v John Marvin Larrick 07/17/2001
No WCC error: claim is not time barred per 65.2-601
0076003 Avrey Demetrie Kirby v Commonwealth of Virginia 07/10/2001
Upon Rehearing En Banc, judgment of trial court affirmed
0495013 Joanne Sifford Glass v Tultex Corporation 07/10/2001
Summarily affirmed
0687002 Jermaine Harris v Commonwealth of Virginia 07/10/2001
No TC error re: sentencing appellant pursuant to Code 18.2-308.4
1113002 Ernest William Ramsey v Commonwealth of Virginia 07/10/2001
No TC error: refusing to instruct jury on voluntary manslaughter
1697001 Kevin Gerald Tucker v CW, City of Virginia Beach 07/10/2001
Evidence sufficient to support disturbing the peace charge
1729004 Karen K. Voorhies v Gerald J. Voorhies 07/10/2001
TC error: dismissing rule to show cause against husband
2034004 Herbert Rinehart v Nancy M. Rinehart 07/10/2001
No TC error re: failure to terminate or reduce sub.spousal supp.
2720004 Thomas Joseph Goudreau v Katherine Lynn Goudreau 07/10/2001
CAV reverses 10/20/00 order denying father's mtn for custody
0325012 Community Memorial Health Center v Karen M. Wilson 07/03/2001
Summarily affirmed
0384012 George B. Southern, Jr. v Shirley Contracting,etc 07/03/2001
Summarily affirmed
0488002 Shajuan Lee McRae v Commonwealth of Virginia 07/03/2001
No TCerr:excluding jurors for cause/failed to show discrimination
0518013 George Lee Seekford v Hershey Tire Company, et al. 07/03/2001
Summarily affirmed
0861001 Rondalph Hilly Nidiffer v Commonwealth of VA 07/03/2001
No TC err: quashing subpoenas evidence sufficient for penetration
2074001 Eric Michael Prunty v Commonwealth of Virginia 07/03/2001
No TC err:TC didn't err in denying motion to suppress/stop proper
2648002 E.I.DuPont De Nemours, et al.v Brenda G. Eggleston 07/03/2001
No WCC err:medical reports support WCC's finding ailment resolved
2727003 McKee Foods Corporation, et al.v Tony Duane Atkins 07/03/2001
WCC err: claim and WCC's jurisdiction barred by statute of limit.
2930003 Tammy Lynn Cook v Roanoke City DSS 07/03/2001
No TC err: neglectful conditions/evid.suff. to term.parental rght
2933002 Paula Ann Russo Romaine v Donald Frances Romaine 07/03/2001
Since no transcript/stmt facts filed,no adequate record/affirmed
3001003 Denny R. Maggard v Westmoreland Coal Company 07/03/2001
No WCCerr:claim not mailed properly/statute of limitations passed
0312003 John Timothy Levesque v Commonwealth of Virginia 06/26/2001
No TC error re: Levesque violated "no contact" condition
0382014 Kwandwo Adu-Gyamfi v Autostrade International, etc 06/26/2001
Summarily affirmed
0446013 Lamieh Salimi v James Madison University, CW 06/26/2001
Summarily affirmed
0605012 Connie P. Mitchell vRichmond Nursing Home & Trigon 06/26/2001
Summarily affirmed
1568002 Catherine Ann Stark v Dennis Neil Rankins 06/26/2001
TC err:amount contributed for home; appreciation in value of home
1634001 Melvin Lewis Mitchell v Commonwealth of Virginia 06/26/2001
No TC err: TC's refusal to reduce sentence no abuse of discretion
1798003 Wendy Kay Swearengin v DSS of City of Staunton 06/26/2001
No TC error re: parental rights issues not properly before CAV
1964001 Jack Foster v Commonwealth of Virginia 06/26/2001
No TC error re: admitting evidence; evid. sufficient to convict
2283004 Daniel George Fahlfeder v Commonwealth of Virginia 06/26/2001
Insuff.evid.to support conviction of declaration of Habitual Off.
2295001 William A. Derrick v Commonwealth of Virginia 06/26/2001
No TC err:not suspending entire sentence; 11 month sent.not abuse
2883001 Frederick C. Whitehead v Pati Anderson Whitehead 06/26/2001
TC error:equitable distribution/remand for further proceedings
2886001 Devon Lamont Alexander v Commonwealth of Virginia 06/26/2001
No TC error re: not granting motion to suppress drugs
2914001 Newport News Shipbui., et al. v Robert E. Townsend 06/26/2001
No WCC error re: application of Code 65.2-712 as pertains to case
2995001 Rosanne D'Eramo B. Tignor v Matthew Morgan Tignor 06/26/2001
No TC error: evidence supported award of joint physical custody
0278004 Fred Leslie Fisher v Commonwealth of Virginia 06/19/2001
TC err on aggr. sexual batt; No TC err on carnal knowledge.
0283013 Cox Enterprises et al v Timothy Rasnake 06/19/2001
summarily affirmed
0370013 The Service Master Co.etal v Phyllis Lynn Campbell 06/19/2001
summarily affirmed
0450011 Woodrow W. Moore Jr. v. Allied Systems, Ltd et al 06/19/2001
summarily affirmed.
0512011 Allied Systems et al v Woodrow W. Moore, Jr. 06/19/2001
summarily affirmed.
1142003 Sylvester Aaron Baker v. Commonwealth of Virginia 06/19/2001
Inv acted on good faith val of search warr:evi proved int'l poss
1171003 Stevie Joe Yates v Commonwealth 06/19/2001
Evid. insuff. to prove crim. neg. necessary to supp. inv. mans.
1507002 David Ralph Hartnett v Commonwealth of Virginia 06/19/2001
Evid. was insuff. to prove specific intent of abduction.
1679002 William Earl Petteway v Commonwealth of Virginia 06/19/2001
Evid. suff. to support conviction of grand larceny.
1745001 Daniel J Hughes v Madonna Marie Hughes 06/19/2001
No TC err date of ret:wife elig.to rec.mil.health benfits
2149001 Keith Lamont Sanders v Commonwealth of Virginia 06/19/2001
No TC err:search of vehicle lawful;TC to deny mtn to supp evi,aff
2647004 Afaf Kanazeh Mann v Michael K. Mann 06/19/2001
summarily affirmed
2783004 Power and Alarm Comm.et al v Michael D. Byerly 06/19/2001
No WCC error:clmt.entled. temp.part.dis.benf.clmt.not rel.to work
0280013 Bristol Herald Courier,et al. v Richard J. Trivett 06/12/2001
Summarily affirmed
1114002 Kevin Darnell Williams v Commonwealth of Virginia 06/12/2001
TC err: sentencing greater than that fixed by jury on robbery ct.
1269002 Antonio Giambanco v Tamara Jo Giambanco 06/12/2001
No TC err: mod.of child support/awarding atty fees/costs to wife
1438001 Detore T. Brown, s/k/a, etc. v Commonwealth of VA 06/12/2001
No TC error re: overruling motion to suppress evidence; evid.suff
1630992 Latwan Marcel Jackson v Commonwealth of Virginia 06/12/2001
No TC err: denial of motion to suppress evidence; search lawful
1639001 Nickkinba M. Braswell v Commonwealth of Virginia 06/12/2001
No TC err:denial motion to suppress/supp.conviction; evid.suffi.
1738002 Ronald Lamar Mitchell v Commonwealth of Virginia 06/12/2001
No villation of right to speedy trial per Code Section 19.2-243
2004002 Antonio Giambanco v Tamara Jo Giambanco 06/12/2001
No TC err: mod. of child support/awarding atty fees/costs to wife
2059001 Teresa B. Preston v Commonwealth of Virginia 06/12/2001
No TC err:not granting mtn to dism\device used to hunt illegal,et
2439001 James Earl Brown v Commonwealth of Virginia 06/12/2001
Evid.suff.to support convs.for grand larceny, B&E, abuductions,et
0131011 Commonwealth of VA v Dante Rodriquez Gay, s/k/a 06/11/2001
CW lawfully seized item under "plain feel" doctrine;supp.reversed
0289001 Angelo Williams v Commonwealth of Virginia 06/05/2001
Insufficient evidence to prove constructive possession of cocaine
0364001 Kevin Michel Criss v Commonwealth of Virginia 06/05/2001
No TC error: reached correct result in finding no expect. of priv
0651001 Lonnie Ray Myers v Commonwealth of Virginia 06/05/2001
No TC err: admitting irrelevant hearsay testimony by victim's mom
0961002 Lynn Taylor, Jr. v Commonwealth of Virginia 06/05/2001
TC err:denied mtn to supp.evid.obtained during warrantless search
1014002 William Jennings Hagy v Commonwealth of Virginia 06/05/2001
TC err:no proof err restri.on cross-x didn't result in unjust rel
1057002 James Leroy Hagy, Jr., s/k/a etc. v CW 06/05/2001
TC err:no proof err. restr.on cross-x didn't result in unjust.rel
1345001 John Ronald DeVaul v Commonwealth of Virginia 06/05/2001
Evidence suff. to establish def.constructively possessed drug
1481001 Woodrow Lawrence, III v Commonwealth of Virginia 06/05/2001
No TC error re: denial of motion for new trial
1726001 Darrell Jerome Redmond v Commonwealth of Virginia 06/05/2001
Evidence sufficient to support abduction conviction
1728001 Milard J. Taylor, s/k/a Millard Jerome Taylor v CW 06/05/2001
Evidence sufficient to prove pre-offense agreement
1930001 Antonio Sheppard Williams v Commonwealth of VA 06/05/2001
Rule 5A:18 bars consideration-app'nt never challenged conv.order
2236003 Fleetwood Homes of VA, et al. v Patricia S. McNeal 06/05/2001
WCC erred in its application of statute of limitations; award rev
2596001 Marion Lee Wallace, Jr. v Production Support Svcs 06/05/2001
No WCC err:clm for benefits barred by willful viol.of safety rule
2704001 Kenneth Lee Carroll v Roland Vaults Ltd., et al 06/05/2001
No WCC err:failed to prove inj.by acc.sustained arising out of em
2731001 Raynor Hearandus Hunter v Newport News Shipbuildin 06/05/2001
No WCC error re: clmt failed to market residual work capacity
3041001 7-Eleven and American Protection Ins. Co. v Smith 06/05/2001
Appeal dismissed; full Commission's opinion wasn't final award
3046001 Freny Werbinski v City of Norfolk Police Dept. 06/05/2001
No WCC err:Neither equit.estoppel/doc.of imposi.stopped st.limit.
0089002 Michael Lee Sammons v Commonwealth of Virginia 05/29/2001
No TC error re: denial of mtn to suppress inclupatory statements
0507001 Aubrey Thomas v Commonwealth of Virginia 05/29/2001
No TC error re: refusal to instruct jury on lesser offense
1207001 Glenn Lavelle Mosley v Commonwealth of Virginia 05/29/2001
No TC error re: denial of motion to suppress; judgment affirmed
1435002 Melissa Young v Marshall Forrest, Jr. 05/29/2001
Summarily affirmed
1589003 Wayne Maurice Scott v Commonwealth of Virginia 05/29/2001
Appellant failed to object to intro of evidence, Rule 5:18A bars
1629002 Rodney James Miller v Commonwealth of Virginia 05/29/2001
Correction to style: First name should be Rodney, not Ronald
1788004 Alfonzia Armstead v Commonwealth of Virginia 05/29/2001
No TC err: denial of motions for mistrial/withdraw as counsel
1877004 Commonwealth of VA, DMV v David L. Tice 05/29/2001
TC err: granting Tice's petition for restoration of driving priv.
1995993 Vincent Anderson v Commonwealth of Virginia 05/29/2001
Upon Rehearing En Banc, the trial court judgment is affirmed
2609001 Laurie Arsenault v Isle of Wight County DSS 05/29/2001
No TC err: termination of residual parental rights; denial rehear
2899001 John E. Somers, II v Accomack County DSS 05/29/2001
Summarily affirmed
3013002 Commonwealth of Virginia v James Charles Dunigan 05/29/2001
TC error: granted motion to suppress evid. from traffic stop
0188011 Fisherman's Wharf of America, et al. v Betty Wolfe 05/22/2001
Summarily affirmed
0372002 Carlos Carrasquillo v Commonwealth of Virginia 05/22/2001
No TC err:denial mtn to supp;officer detained for pub.drunkeness
0418002 Norman Lester Gilbert, s/k/a v Commonwealth of VA 05/22/2001
Evidence sufficient to support conviction for stalking
0512002 Joseph McDonald Lynch v Commonwealth of Virginia 05/22/2001
No TC err: refusing to allow defendant to withdraw guilty pleas
1713001 Transportation Safety Contracting, etc. v Martin 05/22/2001
No WCC err:reinstating disability benefits;not applying 65.2-510B
1951004 Micahel Jerome Bolden v Commonwealth of Virignia 05/22/2001
No TC error re: defendant gave consent freely and voluntarily
2400003 Blue Fox, Inc. v Timothy F. Rogers 05/22/2001
Appeal dismissed: Blue Fox not aggrieved part/order interlocutory
2641003 Mary Lee Frances Keene, Admini.etc v Boothe, P&C 05/22/2001
No WCC err: determining accident was not compensable
0029013 Elizabeth C. Smith v Augusta Medical Center, et al 05/15/2001
Summarily affirmed
0061014 Donna Renee Muhammad v VSI Group and CIGNA 05/15/2001
Summarily affirmed
0106014 Weis Markets, Inc., et al. v Barry L. Gregory 05/15/2001
Summarily affirmed
0114013 Staunton Correctional Center, CW v Gary Sanderson 05/15/2001
Summarily affirmed
0366002 Arthur Clements Brooks, Jr. v Commonwealth of VA 05/15/2001
TC err:failing to inform jury re:abolition of parole,but harmless
0879002 Christopher Emanuel Mosley, s/k/a, etc. v CW 05/15/2001
No TC error: was reasonable,articulable susp.for pat-down search
0942003 Pete Winchester, a/k/a Mark Anthony Winchester vCW 05/15/2001
No TC error: giving jury instruction; evidence suff. to convict
1014992 Musa A. Parrott v Commonwealth of Virginia 05/15/2001
Evid.suff.to convict for first-degree murder,et al.;no vio.6th Am
1228002 George Douglas Young, Jr. v Commonwealth of VA 05/15/2001
Evidence sufficient to support convictions poss.cocaine, poss FA
1349002 Nathaniel Lamont Cartwright v Commonwealth of VA 05/15/2001
TC error re: denial of motion to suppress; conviction reversed
1740002 Wayne Thomas Imel v Commonwealth of Virginia 05/15/2001
No TC error re: mtn to suppress denial; convictions affirmed
3040003 Ted E. Cox v Lynda T. Cox 05/15/2001
Summarily affirmed
0036012 Marvin Lee Carmon v Richmond Dep't Social Services 05/08/2001
Summarily affirmed
0502001 Dawain Hopkins, s/k/a Dawain Russell Hopkins v CW 05/08/2001
No TC error re: denial of mtn to suppress inculpatory statements
1087001 Timothaeus Mariko Edmonds v Commonwealth of VA 05/08/2001
No TC err: appellant didn't act in self-defense/defense of others
1125002 Baszo Randolph Goode v Commonwealth of Virginia 05/08/2001
Evidence suff.to support conviction of aggravated sexual battery
1210002 Daniel Stith v Commonwealth of Virginia 05/08/2001
Evidence supports TC's finding Stith had requisite knowledge
1276001 Cynthia Elizabeth Ford, a/k/a Cynthia Torres v CW 05/08/2001
Insufficient evidence to convict for attempted credit card fraud
1433002 Bradley Scott DeTuncq v Alison DeTuncq 05/08/2001
No TC error re: calculation of gross income/no attorney's fees
1644002 Jerry Andrew Lipscomb v Commonwealth of Virginia 05/08/2001
Insuff.evidence to support conv.for misdemeanor trespass(18.2-119
2548004 Terrance Delon Slemmons v Prince William Co. PD 05/08/2001
No WCC error: finding accident didn't arise out of employment
2701003 Jami M. Kring v Nathan A. Bean 05/08/2001
Summarily affirmed
2706003 Kimberlee Ann Lefler v Smyth County DSS 05/08/2001
Evidence sufficient to terminate parental rights per 16.1-283(C)
2707003 Kimberlee Ann Lefler v Smyth County DSS 05/08/2001
Evidence sufficient to terminate parental rights per 16.1-283(C)
2988992 Kabonji Rahsaan Roane v Commonwealth of Virginia 05/08/2001
Because Roane hasn't provided sufficient record, appeal dismissed
2994992 Tyrone Ernest Jackson v Commonwealth of Virginia 05/08/2001
Evidence sufficient to support conviction for abduction
0533001 Tony Knox v Commonwealth of Virginia 05/01/2001
No TC error: denial of mtn to withdraw guilty pleas;conv.affirmed
0669002 Kevin E. Gray v Commonwealth of Virginia 05/01/2001
Evidence sufficient to support conviction of possession of heroin
0835001 Charles Whitney, s/k/a Charles Albert Whitney v CW 05/01/2001
TC err: JD&R court failed to notify father per Code 16.1-263
0955002 David J. Howell v. CW, DSS, DCSE,ex rel. L. Fisher 05/01/2001
Claims not presented to TC; appellate review procedurally barred
0964003 Jill Kristen Rothar v Commonwealth of Virginia 05/01/2001
No TC error re: denial of motion to suppress drugs seized
0965003 Thomas Daniel Palenchar v Commonwealth of VA 05/01/2001
No TC error re: denial of motion to suppress drugs seized
1016002 Bill Larry Wells v Commonwealth of Virginia 05/01/2001
No TC err: denial of motion to suppress evidence of intoxication
1697992 Mykal Rashad v Commonwealth of Virginia 05/01/2001
Upon Rehearing En Banc, trial court judgment affirmed
2660004 Simindokht Jouybari Okhravi v Masoud Ganji 05/01/2001
Summarily affirmed
0494001 Marlon Germaine Watson v Commonwealth of Virginia 04/24/2001
Evidence sufficient to support conviction for robbery
2222003 Dan River, Inc. v Betty L. Owen 04/24/2001
TC err:employee not justified in refusing medical treatment etc
2835002 Gary J. Stasko v VEC and Van Yahres Tree Co., Inc. 04/24/2001
Summarily affirmed
3039002 Michael Eugene Durney v Winn's Hauling, et al. 04/24/2001
Summarily affirmed
2503001 Commonwealth of Virginia v Joshua Dickson 04/23/2001
TC erred in suppressing Commonwealth's evidence;no 4th Amend viol
0155002 Richard Howard Butry v City of Richmond 04/17/2001
TC err: improperly commented on evidence;No Err:refusing instruct
0468001 Edward Lee Cherry v Commonwealth of Virginia 04/17/2001
No TC err:def.didn't raise objection in TC;sent. order not void
0581001 Antonious Lamont Clark v Commonwealth of Virginia 04/17/2001
No TC error: not suppressing evid; search warrant issued properly
1079002 Archie Laree Dawkins v Commonwealth of Virginia 04/17/2001
No TC err:denial of mtn to supp.not error;remanded for clerical
1099003 Donald Wayne Gary v Commonwealth of Virginia 04/17/2001
Evidence sufficient to support robbery and use of FA convictions
1154003 Gilbert W. Cooper v CW,DSS,DCSE, ex rel Wooldridge 04/17/2001
CAV has no evidence upon which to base consideration of arguments
1248002 Commonwealth of VA/DMV v Lloyd Wayne Taylor 04/17/2001
TC error:petitioner didn't meet req. of 46.3-361;order reversed
1645002 Norton Concrete Company, Inc. v Mario A. Escobar 04/17/2001
No WC err: refusal to remand to dc; refuse to reopen record, etc
1777992 Elston Burwell, s/k/a Elston E. Burwell v CW 04/17/2001
On Rehearing En Banc, trial court judgment affirmed
2484002 Commonwealth of Virginia v Dylan Lopez Tyree 04/17/2001
No TC error re: police didn't properly honor right to silence
2516001 Jerry Gilbert Dodson v NN Shipbuilding & Dry Dock 04/17/2001
No WCC err:WC correctly interpreted remand-refusal to grant add'l
2522994 Scott Eric Summers v Commonwealth of Virginia 04/17/2001
No TC err:refusal to instruct jury on defense of others instruct.
2566004 Chap Van Ngo v N & L Carpentry & Employers Ins. 04/17/2001
Summarily affirmed
2758992 William Wilkins, Jr. v Commonwealth of Virginia 04/17/2001
No TC err:failing to supp.evid. after stopped at traffic chkpoint
2880001 Mobile Vac Services Company,et al.v Michael Finley 04/17/2001
Summarily affirmed
2913001 Newport News Shipbuilding & Dry Dock v Joel Walton 04/17/2001
Summarily affirmed
2947994 Gregory Boyd v Commonwealth of Virginia 04/17/2001
TC err,but harmless: allowing CW to cross-examine about prev.conv
0469001 Charles A. Edwards v Commonwealth of Virginia 04/10/2001
No TC error: severed trial from that of codefendant; evid.suff.
0692004 Floyd Miles v Commonwealth of Virginia 04/10/2001
TCerr:refusal to instruct on abolition of parole;remand sent.only
0874004 Richard Rush Murray, Jr. v Commonwealth of VA 04/10/2001
TC error in denying motion to dismiss juror for just cause
0888004 Darrow Eugene Herbert v Commonwealth of Virginia 04/10/2001
TC err: omission of elements from instruction not harmless; etc
1611004 Amanullah Kahaliqi, s/k/a Amanullah Khaliqi v CW 04/10/2001
No TC error: indictment sufficient to state criminal act
1825004 Yun Soo Kim v Jung Ja Kim 04/10/2001
TCerr:reversible error in that order neither final nor appealable
1882001 Lothar W. Nass v Arlene Wolin Nass 04/10/2001
TC err:grant divorce on desert.;remand:provide 20-91(A)(9) relief
1950001 Donald R. Godfrey v City of Portsmouth Fire Dept. 04/10/2001
WCC err:employer produced evid.to rebut heart disease was occupat
1953002 Michael Reese Painter v Commonwealth of Virginia 04/10/2001
Evidence sufficient to support voluntary manslaughter conviction
0419001 Alvin L.Ricks, Sr., s/k/a Alvin Leroy Ricks,Sr vCW 04/03/2001
No TC error re: denial of motion to suppress evid.of statements
0611001 Reginald Leon Graves v Commonwealth of Virginia 04/03/2001
No TC error re: evidence NOT result of illegal search
0637001 Erick Dontae Porter v Commonwealth of Virginia 04/03/2001
Evidence sufficient to prove both venue and convictions
0878002 Carol Devan,a/k/a Joann Brown,a/k/a Tracy BrownvCW 04/03/2001
Evidence suff. to support conv.for cons.to commit forgery, etc
0979004 George Perez Levenberry v Commonwealth of Virginia 04/03/2001
Insufficient evidence to establish "breaking" for stat. burglary
1083003 Newton Brown Townsend v Commonwealth of Virginia 04/03/2001
No TC err: denial of motion to dismiss; no violation of 4th Amend
1377002 Rudolph Heretick, Jr. v Linda A. Cintron 04/03/2001
No TC error re:failure to show a material change in circumstances
1395003 Patrick L. Overbey v Patricia K. Overbey 04/03/2001
No TC err: arrest had impact on marital estate/child support, etc
2132001 Rebecca L. Scott v Commonwealth of Virginia 04/03/2001
No TC error:admitting evidence of testimony; evid.suff.to convict
2134001 Alvin Croom & Bonnie Croom v Kathleen &Randy Byrum 04/03/2001
TC had no authority to award attorney fees following nonsuit
2571991 Jeffrey Scott Blaney v Commonwealth of Virginia 04/03/2001
No TC err:evid.suff.to support conv/denial mtn to appoint counsel
2721002 Rochelle Susan Beardslee v DSS of Henrico County 04/03/2001
Summarily affirmed
0038003 Jerry Lewis Reynolds v Commonwealth of Virginia 03/27/2001
Evidence suff.to support forgery, stat.burglary& p. larceny conv.
0564002 Brian Heath Bareford v Commonwealth of Virginia 03/27/2001
TC error re:distribution conviction; No TC err: other convictions
0633001 Ingrid Everette, s/k/a Ingrid A. Everette v CW 03/27/2001
Because defendant didn't properly articulate arg.,decline to hear
0816002 Theresa Ann Jones v Commonwealth of Virginia 03/27/2001
Evid. sufficient to prove aware of presence & char.of cocaine,etc
1096003 Christian Michael Larsen vCommonwealth of Virginia 03/27/2001
No TC err:denying motion to supp.evid;no illegal search & seizure
1257004 Margarita Mendoza-Garcia v Cho Yeon Hwi, et al. 03/27/2001
No WCC error re: dismissing claim for lack of jurisdiction
1366001 Lawrence D.Mason,s/k/a Lawrence DeCarlo Mason v CW 03/27/2001
No TC err:defendant didn't preserve issue on appeal;conv.affirmed
1936003 Powell Mountain Coal Company, et al.v George Mosko 03/27/2001
No WCC err:had jurisdiction; clmt not released to light duty work
2532002 Boyd Alex Turner, II v Fredericksburg DSS 03/27/2001
Summarily affirmed
2698001 City of Portsmouth Sheriff's Dept. v Harry Torbert 03/27/2001
Summarily affirmed
2746002 Marlene Virginia Davis v Clean & Shine Svcs, etc. 03/27/2001
Summarily affirmed
0042992 Lavonnia Nicole Tate v Commonwealth of Virginia 03/20/2001
Upon Rehearing En Banc, judgment of trial court is affirmed
0194001 Maurice Anthony Cutler v Commonwealth of Virginia 03/20/2001
Evidence suff. to convict of possession requisite amt marijuana
0326001 John Arthur Williams, Jr. v Commonwealth of VA 03/20/2001
Evidence suff. to convict to prove used FA in comm.of robberies
0342002 Al-Khaliq Mayweather, a/k/a Keith Mayweather v CW 03/20/2001
TC err: convictions re: July &Sept.remanded; reversed Aug.convict
0405003 Barry Scott Hill v Commonwealth of Virginia 03/20/2001
No TC err: no constitutional violation; no basis to suppress evid
0716001 Kimberly Jane Burke v Commonwealth of Virginia 03/20/2001
Insufficient evid.to prove appellant received notice of hearing
1145003 William Bernard SimmonsvJoanne(Lindsey)Hairston,et 03/20/2001
No TC err: not giving credit for support of 3rd child; atty fees
1232004 Debra Patterson v Fauquier County DSS 03/20/2001
TC failed to enter nunc pro tunc order denying Dept's mtn to dism
1902002 United Airlines, Inc. v Richard G. Rice, Jr. 03/20/2001
WCC directed to enter order granting United applic'n;term.award
1920003 Island Creek Coal Company v James E. Adkins 03/20/2001
WCC err:failure to articulate credible reasons for weight to opin
2083993 Steven Joseph Jolinski v Commonwealth of Virginia 03/20/2001
Upon Rehearing En Banc, judgment of trial court affirmed
2479991 Zachary S. Lewis v Commonwealth of Virginia 03/20/2001
Upon Rehearing En Banc,TC judg't aff'd as to question presented
2797991 Randy Warren Jefferson v Commonwealth of Virginia 03/20/2001
No TC error re: no bias by judge; no error in refusing to recuse
2830001 Co. of York Building Insp.,et al.v Charles Willett 03/20/2001
Summarily affirmed
2834982 William Andrew King, Jr. v Commonwealth of VA 03/20/2001
On Rehearing En Banc, convictions reversed for att'd murder, etc.
2497002 CW v Eric Randal Norman & Christopher Lane Walton 03/15/2001
No TC err:warrant sufficiently descriptive;officer presume valid
0138003 Elmer Nathaniel Adams v Commonwealth of Virginia 03/13/2001
Evidence sufficient to support conv. of dist.cocaine, poss FA,etc
0557002 Stacie Lynn Reid v Commonwealth of Virginia 03/13/2001
No TC err: denial mtn to suppress/challenge of admiss.of evidence
0694004 Zachary Thomas Wyatt v Commonwealth of Virginia 03/13/2001
Appellant failed to make proffer of questions on recross,conv.aff
0889001 Albert Antonio Savage v Commonwealth of Virginia 03/13/2001
Insuff.evid. to support convict. for burglary, petit larceny,etc
1072001 Wallace L. Wilson, III v Commonwealth of Virginia 03/13/2001
Convic.re:Code 18.2-308.4&18.2-248 aff'd;Convic.re:18.2-460C reve
1086001 Moses Vernon Simpkins v Commonwealth of Virginia 03/13/2001
Because def.failed to renew mtn after testi.,CAV declines appeal
1185003 William Edward Mize v Commonwealth of Virginia 03/13/2001
Evidence sufficient to support aggravated malicious wounding,etc
1273001 Bonnie Be-Lo Markets, etc. v Benny Edward House 03/13/2001
No WCC error re: sustained comp.inj.by accident; total disability
1581003 Anthony Wayne Ross v Commonwealth of Virginia 03/13/2001
No TC error re: denial appellant's motion for appeal bond
1671992 Jason Wayne Gregory v Commonwealth of Virginia 03/13/2001
TC err:burglary,gd.larceny and vandalism; No err:cap.murder,etc
1676002 Short Stop, Inc., etc. v Patricia A. Hammond 03/13/2001
No WCC error re: finding appellant sustained injury by accident
1705001 Suffolk Department of Social Services v O. Ellis 03/13/2001
No TC err: no evidence Department preserved any issues for appeal
2695004 Noor Ul-Qamar v Prince William Co. School Board 03/13/2001
Summarily affirmed
3001991 Jacob Shane Smith, Jr. v Commonwealth of Virginia 03/13/2001
Evid.suff.to establish intent and malice for att.mal.wounding
0090001 Harold Kenneth Dickerson, III v Commonwealth of VA 03/06/2001
No TC error re: applying recent possession inference; evid.suff.
1006002 Maurice Darnell Buckner v Commonwealth of Virginia 03/06/2001
No TC err:CW est.corpus delicti w/confession &evid.(suff to conv)
1350001 Patrick Timothy Jeffers v Commonwealth of Virginia 03/06/2001
Evidence suff.to convict for solicitation to commit felony,etc
2221002 David E. Haught v Mary E. Haught 03/06/2001
Summarily affirmed
2269994 Michael A. Mahoney, Sr.v Jeanne Marguerite Mahoney 03/06/2001
Summarily affired
2360002 Commonwealth of Virginia v Anabelis Corrales 03/06/2001
No TC err:interviews custodial;didn't validly waive right to coun
2517003 Clara M. Ballard v Haller Clock Company, et al. 03/06/2001
Summarily affirmed
2644003 April L. Koontz v Wrangler, Inc., et al. 03/06/2001
Summarily affirmed
2938991 Quincy Damon Phillips v Commonwealth of Virginia 03/06/2001
TC err:CW v. Baker mandates reversal of conv;notice to bio.father
0253001 Van Bernard Collins v Commonwealth of Virginia 02/27/2001
No TC error re: convictions didn't violate double jeopardy
0330004 Arthur Middleton Smith v Commonwealth of Virginia 02/27/2001
Appellant didn't preserve sufficiency of evid.;convictions affirm
0728003 Otis L. Tinsley, Jr. v VA Mirror Company, Inc.etc 02/27/2001
Summarily affirmed
1393003 Sherman Roy Delp v Galax (City of) Police, etc. 02/27/2001
No WCC err:employer met burden of proof;cond.not caused by employ
1496001 Pentran and VA Municipal Group v Doris B. Cherry 02/27/2001
No WCC error re: statute of limitations didn't bar claim
2152003 Billy E. Tibbs, Jr. v Island Creek Coal Company 02/27/2001
Summarily affirmed
2704991 Shawn Ellis v Commonwealth of Virginia 02/27/2001
Evidence sufficient to support conviction of grand larceny
0823001 Howard William Richards v Commonwealth of Virginia 02/20/2001
TC err:evid.entirely circum./failed to exclude hypoth.innocence
0895002 Lisa Harmon v Richmond County DSS 02/20/2001
TC error re: finding evid. clear & convincing to meet 16.1-283(B)
1050001 Edgar Roland Barfield v Commonwealth of Virginia 02/20/2001
Evidence sufficient to support conviction of abduction (18.2-47)
1591992 Walter L. Keller, Jr. v Commonwealth of Virginia 02/20/2001
On Rehearing En Banc, TC error in allowing 5/6 items of evidence
1761001 Casey Chevrolet Corporation, et al. v Danforth 02/20/2001
No WCC err: applying doctrine of imposition to toll statute limit
2207004 Samuel T. Bistawros v VECand Minnieland Day School 02/20/2001
Summarily affirmed
2307004 Mohamud A. Saleh v Huda I. Ashoor 02/20/2001
Summarily affirmed
3009992 Darlene Morgan, s/k/a Darlene R. Morgan v CW 02/20/2001
Evidence sufficient to establish constructive possession
0085002 Michael Ray Wilkerson v Commonwealth of Virginia 02/13/2001
No TC err: refusing to appoint mental health expert to evaluate
0585003 Dallas Monroe Bauguess, s/k/a, etc. v Commonwealth 02/13/2001
No TC error re: denial mtn to strike evid.; didn't preserve issue
0943002 Joseph Calvin Quarles v Commonwealth of Virginia 02/13/2001
No TC err: Code 18.2-308.4 penalty provisions aren't ambiguous
1495002 Life Insurance Company of Georgia v Gale McCracken 02/13/2001
No WCC err:finding WCC interpreting back sprain to incl.neck inj
2110002 Theresa Jones v Richmond Department of Social Svcs 02/13/2001
Summarily affirmed
2750992 Daryl L. Faustini v Vicki J. Duke, f/k/a etc 02/13/2001
No TC err:finding app.committed extrinsic fraud;imputing income,
3050991 David S. Butchee v Commonwealth of Virginia 02/13/2001
Evidence sufficient to support convictions for robbery and use FA
0322004 Anthony Rumont Roberts v Commonwealth of Virginia 02/06/2001
No TC err:provide exculpatory evidence; questioning of 2 wiitnes
0417003 Galen L. Burkholder v Commonwealth of Virginia 02/06/2001
No TC err:failing to file 1998 tax return;no clm of right defense
0520002 William Edward Chilton, Sr. v Commonwealth of VA 02/06/2001
Evidence suff to convict; not allowing impeachment of witness
0584003 Corey Lashawn Watkins v Commonwealth of Virginia 02/06/2001
No TC error re:defendant's admissions prove possession of firearm
1321003 Barbara Ann Thacker Catron v Larry Douglas Catron 02/06/2001
No TC error re: evidence did support finding of adultery
1402003 Peyton L. Morgan, III v. Katherine Ann Rose 02/06/2001
No TC err:wife not underemp/gift income wasn't chg in circumstanc
2351004 Elizabeth H. Lewis v Hamburger Hamlet, et al. 02/06/2001
Summarily affirmed
2435004 Eneida S. Quinteros v Absolute Nursing Care, etc 02/06/2001
Summarily affirmed
2451003 Timothy Floyd Dunbar v RLF Iron Erectors, et al 02/06/2001
Summarily affirmed
2798991 Richard Lee Parham, Jr. v Commonwealth of Virginia 02/06/2001
No TC error re: admitting certifiate of service of analysis
3011994 Tracey Anne Richardson v County of Prince William 02/06/2001
Officer did have reasonable articulable susp.; denial mtn to supp
0223003 Joseph Mark Herbin, III,s/k/a v Commonwealth of VA 01/30/2001
No TCerr:guarantee against multi.punish for same offense not viol
0286004 Mary O'Connell, s/k/a Mary Kelly O'Connell v CW 01/30/2001
No TC error re: trial judge giving his response to jury question
0375004 Rosemberg Batres-Jurado v Commonwealth of Virginia 01/30/2001
Case is moot/not subject to Weinstein exception; case dismissed
0467004 Pamela L. McCoy v Commonwealth of Virginia 01/30/2001
Evid. suff. to prove appellant constructively possessed marijuana
0629003 Dereck Lamont Holmes, s/k/a v Commonwealth of VA 01/30/2001
Evidence sufficient to support convictions for assault & battery
0975004 Nina Porter v Joseph Hogue 01/30/2001
TC err:ruling order entered by J&DR court final/appeal not timely
0987004 Phillip Weathers v Commonwealth of Virginia 01/30/2001
No TC err:statutory notice/admit priors/gave entrapment instruct.
1457001 Sonya P. Brundidge v Lawrence A. Brundidge 01/30/2001
Summarily affirmed
1830001 Sonya P. Brundidge v Lawrence A. Brundidge 01/30/2001
Summarily affirmed
1883004 David Keator v Lutheran Social Services. 01/30/2001
Summarily affirmed
2180003 Food Lion, Inc. v Darrell Elwood Milgrim 01/30/2001
No WCC err:finding current conditions,etc. related to inj.by acc.
2394003 Tamika C. Harris v Target Stores, et al. 01/30/2001
Summarily affirmed
2724991 Hilbert Christopher Watford v Commonwealth of VA 01/30/2001
No TC error re:refusing to suppress evidence/evid.suff to convict
2917992 Mario Cherome Briggs v Commonwealth of Virginia 01/30/2001
Evidence sufficient to support conviction for grand larceny
0409004 Ashley Jefferson Grissette v Commonwealth of VA 01/23/2001
No TC err:denial of mtn to supp identifications;evid.suff to conv
0641004 Daniel Louis Moneymaker v Commonwealth of Virginia 01/23/2001
Evid.suff.to prove sexual penetration w/animate obj & att.sodomy
0684001 Terry Deshawn Jackson v Commonwealth of Virginia 01/23/2001
Insuff.evid.to convict for poss.of FA while poss.cocaine w/intent
1974001 Evans D. Poindexter, Jr. v Katherine M. Jolliff,et 01/23/2001
Summarily affirmed
2272003 Larry J. Sparks v Moore's Quality Snacks, et al. 01/23/2001
Summarily affirmed
2332004 Darrell M. Varner v Hamilton Iron Works, et al. 01/23/2001
Summarily affirmed
2340003 Paramont Coal Corporation,et al. v Freddie Mullins 01/23/2001
Summarily affirmed
0614001 Andrew Anthony Ott v Susan Ann Gelber Ott 01/16/2001
No TC err:divorce on desertion; sep.date; sp. supp.;stock;taxes
0686004 Christopher Ippolito v Nadine Claire Blyn 01/16/2001
No TC err:considering spousal support after hus. filed bankruptcy
1240003 Walter Everett Childress v Commonwealth of VA 01/16/2001
No WCC err:no denied due process; no abuse of discretion, et al.
1539993 Wesley Vernon Snider, III v Diana L.A. Snider,nka 01/16/2001
TC error re: value of business;award rental value of home to wife
1960001 Autumn N. D. Pakravan v Pizza Hut, Inc., et al. 01/16/2001
Summarily affirmed
2010003 Grand Piano and Furniture Co., et al. v Craig 01/16/2001
Summarily affirmed
2043003 Gray Thomas Craig v Grand Piano and Furniture, etc 01/16/2001
Summarily affirmed
2223992 Randall Christopher Via v Commonwealth of VA 01/16/2001
Motion to dismiss granted; no transcripts filed
2493992 Kevin Wayne Harris v Commonwealth of Virginia 01/16/2001
Evid.suff.to supp.conv.for manslaughter; poss.of FA by juvenile
2996992 Leroy Nathaniel Ingram v Commonwealth of Virginia 01/16/2001
Evidence sufficient to support intention to distribute cocaine
3012992 Dall Reynolds v Commonwealth of Virginia 01/16/2001
Appeal not properly before CAV;no stay of sent./ruling on WD plea
0072004 Nancy Anderson Johnson v Commonwealth of Virginia 01/09/2001
No TC err:revoking suspended sentences (susp for indefinite time)
0981004 Teodosia Alvarado, widow, et al. v Krajewski, etc 01/09/2001
No WCC err:applying Granados v Windson (ill.aliens not employees)
1810001 George P. Brooks v Carole W. Brooks 01/09/2001
Summarily affirmed
2071992 David Edward McCord v Commonwealth of Virginia 01/09/2001
No TC err:CW didn't fail to disclose excul.evid./no viol.disc.ord
2157991 Kenneth Oliver Washington v Commonwealth of VA 01/09/2001
TC error re:judge should have admitted tape recording of incident
2946992 Raymont Tasco v Commonwealth of Virginia 01/09/2001
No TCerr:no prejudice when counsel's partner replaced counsel,etc
0324004 Joseph Carl Johnson v Commonwealth of Virginia 12/28/2000
No t/c err re voluntary intoxication as defense to first deg murd
0461001 Joy May v Virginia Beach Dept. of Social Services 12/28/2000
Summarily affirmed
0772991 Santo Langley v Commonwealth of Virginia 12/28/2000
T/C err re refusing to sever trial from co-def;admit co-def stms
1876004 Harold H. Loyd v Ryder Integrated Logistics 12/28/2000
Summarily affirmed
2092003 The Goodyear Tire & Rubber Co. v Diane N. Newcomb 12/28/2000
Summarily affirmed
2702992 Brandon Lee Shifflett v Commonwealth of Virginia 12/28/2000
Trial court lacked authority to convict appellant of trespass
2922991 Keith Jones v Commonwealth of Virginia 12/28/2000
No t/c err re improper hearsay evid; insuff evid to prove guilt
3003994 Levon Andrew Dickerson v Commonwealth of Virginia 12/28/2000
No t/c err re deny mot to supp confession, u.s. const and CW
3015992 Shafeef Waheed Kirby v Commonwealth of Virginia 12/28/2000
No t/c err re make willful/intentional false stmt, firearm applic
0029001 Darryl Lee Knight v Commonwealth of Virginia 12/19/2000
T/C err re incrim stmts and search items not suppressed
0157002 Linda M. Comer v Robert B. Comer, Jr. 12/19/2000
Dismissed; mother failed to serve copy of op. br. to gal;visitat
0257003 Anthoine Plunkett v. Commonwealth of Virginia 12/19/2000
No t/c err re revoking suspended sentence for prior drug offense
0275001 Edward K. Burgess v Commonwealth of Virginia 12/19/2000
T/C err re insuff evid prove atmpt detain not incid to restraint
0505001 Jessie Lee Walker, Jr. v Virginia Beach Dept of SS 12/19/2000
No t/c err re evid suff to terminate parental rights
0821004 Fairfax County Dept Family Serv v Usman Ibrahim 12/19/2000
No t/c err re deny pet; evid insuff to sever father/children bond
2073992 Gerald Lee Payne v Commonwealth of Virginia 12/19/2000
T/C err re admit evid stmts made to officer re prior drug use
2086003 Rock City Mechanical, Inc et al v Thomas Lee Barry 12/19/2000
Summarily affirmed
2604991 Carl LaWayne Hughes v Commonwealth of Virginia 12/19/2000
T/C err re insuff evid to prove, by weight of marij, felony conv
2698991 Clarence M. Collins v Commonwealth of Virginia 12/19/2000
No t/c err re insuff evidence to support two larceny convictions
2795991 Kenneth Eugene Britt v Commonwealth of Virginia 12/19/2000
No t/c err re deny motion to supp, detain & search, poss cocaine
2821991 Robert Alonza Harrell v Commonwealth of Virginia 12/19/2000
No t/c err re failure to give jury entrapment defense instruction
3002993 Anthoine Plunkett s/k/a v Commonwealth of Virginia 12/19/2000
T/C err re suff evid to est requisite know; actual poss of drugs
3041992 Jacob Daniel Aquino v Commonwealth of Virginia 12/19/2000
No t/c err re insuff evid; 3 cts robb, 1 ct att robb, 4 ct firear
0335002 Bernard Lee Tremelon, Jr. v Commercial Const et al 12/12/2000
WCC err re: proof of injury by accident from employment
0406001 Byron Vondell Lyons v Commonwealth of Virginia 12/12/2000
Trial court err re: certificate of analysis, poss of cocaine
0877003 New River Castings Co et al v Colleen M. Woolwine 12/12/2000
No WCC err re: suff evid prove inj by accident, necess causation
1036004 Thomas J. Goudreau v Katherine Lynn Goudreau 12/12/2000
T/C err re: ref grant cont; add iss beyond scope;award atty fees,
1268003 Snyder General Corp et al v Judith Lynn Fridley 12/12/2000
No WCC err re: causal relationship b/t prev inj and rec med trtm
1430993 Livingston Pritchett, III v Commonwealth of VA 12/12/2000
No t/c err re:Miranda; req for atty; coerced conf; excl exp test
1590001 Franco Triolo v Jean Marie White Triolo 12/12/2000
No trial court re: attys fees; spousal support
1963003 Tammy J. Taylor v James Madison Univ and CW of VA 12/12/2000
Summarily affirmed
2151004 Charles R. Wingate v Assett Protect Team Inc et al 12/12/2000
Summarily affirmed
2421994 Mary Louise O'Brien v Robert John Riggins 12/12/2000
T/C err re: finding appellant guilty of civil contempt
2559991 Robert Jerome Brown, II v Commonwealth of Virginia 12/12/2000
No trial court err re: sufficient evid to prove convt of robbery
2568992 Charles Mayland Limbrick v Commonwealth of VA 12/12/2000
CAV declines to consider non-jurisdictional issues on appeal
3017991 Craig Henderson v Commonwealth of Virginia 12/12/2000
No t/c err re: deny of mot for cont; insuff evid to prove identi
0062001 Clifton McNair, Jr. v Commonwealth of Virginia 12/05/2000
No t/c err in intent, malice, premeditation of first deg murder
0076003 Avery Demetrie Kirby v Commonwealth of Virginia 12/05/2000
No t/c err re suff evid to supt robbery conv, use/poss firearm
0129004 Peter W. Pantazes v Patricia K. Drew Pantazes 12/05/2000
No trial court err re spousal support to wife
0438003 Sarah Ruth Wofford Tatum v Joseph Kenneth Tatum 12/05/2000
T/c err re equitable distribution, spousal support, child support
0443003 Joseph Kenneth Tatum v Sarah Ruth Wofford Tatum 12/05/2000
T/C err re equitable distribution; spousal support, child support
0906003 William Gary Boyer v Sundown Express, Inc., et al. 12/05/2000
No WCC err re work accident barred by res judicata
0997003 Jerry S. Miller v Reynolds Metals Co., et al. 12/05/2000
No t/c err re work-related carpal tunnel syn, barred benefits
1051993 Josephine Turner Pilson v Commonwealth of Virginia 12/05/2000
No t/c err re best evid rule admiss of second evid, stolen merch
1513004 Sherry Wright v Alexandria Division of Social Serv 12/05/2000
Summarily affirmed
1756001 Commonwealth of Virginia v David Ray Williams 12/05/2000
No t/c err re suppression of evidence, seizure of cocaine
2183991 Martel Lamon Joffrion v Commonwealth of Virginia 12/05/2000
No t/c err re admiss of evid;admitt test;allow CW impeach collat
2579991 Jerome Moses Thornton v Commonwealth of Virginia 12/05/2000
No t/c err re unlawful wounding, clerical err in sentencing ord
0117003 Dwayne Lavere Barley, a/k/a v Commonwealth of VA 11/28/2000
No t/c err re proof of intent to conceal weapon; sufficient evid
0204003 Timothy Craighead v Commonwealth of Virginia 11/28/2000
No t/c err re deny mot to supp evid, unreas search,poss cocaine
1188001 David Dolan v Tina Dolan 11/28/2000
Summarily affirmed
1236003 Elizabeth Mae Ayers v White's Construction, et al. 11/28/2000
Summarily affirmed
1752003 Corning, Inc. et al. v Tyler V. Brown 11/28/2000
Summarily affirmed
1753003 Goodyear Tire et al. v Kathryn Hinton Bowe 11/28/2000
Summarily affirmed.
1768003 Tyler V. Brown v Corning, Inc., et al. 11/28/2000
Summarily affirmed
2466993 Randy Alfonzo Leftwich v Commonwealth of Virginia 11/28/2000
Trial court err in failure to prove intent to distribute cocaine
2862993 Tina Renee Rosser v Commonwealth of Virginia 11/28/2000
No t/c err re admit test; grand larceny and statutory burglary
3049991 Glen Hines, s/k/a v Commonwealth of Virginia 11/28/2000
No t/c err,circum evid excluded reas hypotheses of appell innocen
0868001 Avis Rent a Car, Inc. et al. v Elizabeth J. Calvin 11/21/2000
No WCC err re sustained an injury by accident
1117001 Karin Steinmann v Steven F. Buck 11/21/2000
Summarily affirmed
1388993 Eric Wayne Armstrong v Commonwealth of Virginia 11/21/2000
No t/c err re possession of firearm by conv felon; insuff evid
1677003 Uninsured Employer's Fund v Daryl Clark Childress, 11/21/2000
Summarily affirmed
1776004 Better Home Services, Inc. v Isabel Medrano, et al 11/21/2000
Summarily affirmed
2285992 Jeremy M. Vessels v Commonwealth of Virginia 11/21/2000
No t/c err re improp arraign;variance b/t bill of part, evid prod
2667992 Anthony Leroy Perry v Commonwealth of Virginia 11/21/2000
No t/c err re refuse to strike evid;overruling object to height
2794991 Warren DeWayne Bright v Commonwealth of Virginia 11/21/2000
Trial court err re suff evidence for possession of cocaine
3026992 Linwood Donzell Perry v Commonwealth of Virginia 11/21/2000
No t/c err re erroneously admitting certificate of analysis
0172004 Charles Edward Crawford, Jr. v Commonwealth of VA 11/14/2000
No t/c err re admission vio due proc;no link as material and rele
0695003 Anthony Leon Clark, etc. v Langhorne Brothers, Inc 11/14/2000
No WCC err re proving presumed-wholly dependency;waive part depe
1144002 Walter N. Sydnor v Elizabeth D. Sydnor 11/14/2000
Summarily affirmed
1674003 Jon Robin Davis v Shade Equipment Company, et al. 11/14/2000
Summarily affirmed
2226992 James Anthony Clark v Commonwealth of Virginia 11/14/2000
Evidence sufficient to support malicious wounding conviction
2231991 Bram Patrick Daggs v Commonwealth of Virginia 11/14/2000
No trial court err in denying motion to suppress guilty pleas
2296994 William Dexter Lansberry v Commonwealth of VA 11/14/2000
No t/c err in fail to appt DNA expert;pros ask leading questions;
2651992 Sharon Peace v Commonwealth of Virginia 11/14/2000
T/c err re suff evid-contr to delin of minor, maint. nuisance
2701991 Curtis Jackson v Commonwealth of Virginia 11/14/2000
Suff evid in suppt victim's test;third party test cred-not appeal
2800991 Pete Antonio Sumner v Commonwealth of Virginia 11/14/2000
Evidence sufficient to support sentencing conviction
2823994 Herman Rodney Jackson v Commonwealth of Virginia 11/14/2000
No trial court err in conviction of possession of cocaine
2925991 Jerry Norman v Commonwealth of Virginia 11/14/2000
No t/c err-ref to supp conf;try jointly;admit evid ext jud stmts
0956004 Farnaz Farnia v Prime Receivable, LLC, et al. 11/07/2000
summarily affirmed
1288003 K. Robin Laing v Stephen D. Walker 11/07/2000
No t/c err in exclud in camera test; denying petition for custody
1293004 Shirley M. Thomas v Commonwealth of Virginia 11/07/2000
Summarily affirmed
1404993 Warren Lee Thieman v Commonwealth of Virginia 11/07/2000
No t/c err in prosecuting for third offense DUI
1473002 Solon Neil Xenias v Betty Louise Xenias 11/07/2000
Summarily affirmed
2332993 Jason Jerome Watlington v Commonwealth of Virginia 11/07/2000
No t/c err in erron overruling hearsay evid, caller i.d. box
2501991 Angela Lynn Nacke v Commonwealth of Virginia 11/07/2000
No t/c err in denying motion to supp inculpatory stmt to police
2880992 Jamal Rashad Toliver v Commonwealth of Virginia 11/07/2000
No err in t/c having jurisdiction to hear charge
0084004 Fernando Cardozo v Commonwealth of Virginia 10/31/2000
correction to opinion; record no was 0084-00-1 s/b 0084-00-4
0298001 John Doe, D.D.S. v Virginia Board of Dentistry 10/31/2000
T/c err re: Boards stmt of particulars sufficiency
1334002 Commonwealth of Virginia v Quenton Bryant Anderson 10/31/2000
T/C err re: suppressing evid found during search of person
1375993 Leangelo Maurice Hall v Commonwealth of Virginia 10/31/2000
No t/c err: appellant caused bodily harm; intent to main, disfig
1529003 Dirk Neal Campbell v Lyntool, Inc. and Merchants 10/31/2000
Summarily affirmed.
2430991 Ernie Clarence Swain s/k/a v Commonwealth of Va 10/31/2000
T/C err: convicted appellant with insufficient evidence;misconstr
2455991 Billy Joe Walker v Commonwealth of Virginia 10/31/2000
No t/c err re:allow witness test introd;ref instr jury inv mansl
0746003 Jennifer Denise (Mercer) Lowe v Charles R. Lowe 10/24/2000
Summarily affirmed
1054004 Ross, France & Ratliff, et al. v John E. Blevins 10/24/2000
Summarily affirmed
1069004 John Edward Blevins v Ross, France & Ratliff, etc. 10/24/2000
Summarily affirmed
1403002 Hughes Service Corp., et al.v Clifford A. Williams 10/24/2000
Summarily affirmed
2611991 Troussant Delano Lett v Commonwealth of Virginia 10/24/2000
No TC err:no viol.of right to due process;conv.affirmed for H.O.
2852991 John Brooks v Commonwealth of Virginia 10/24/2000
No TC error: refreshing of victim's memory/evid.suff. to convict
0043004 Tracy Austin v Thomas Albert Stanley 10/17/2000
Appellant failed to preserve appeal issues re mod of child supp
0437001 Darrell W. Morehouse v Stewart Miller, UEF 10/17/2000
No WCC err in denial for application of benefits
0855991 Burnest Griffin, III v Commonwealth of Virginia 10/17/2000
T/c err re conv appellant of agg sexual battery; no corr evidence
1074004 Recycling Center, Inc., et al. v Vitelio Martinez 10/17/2000
Summarily affirmed
1545991 John Butler, Jr. v Commonwealth of Virginia 10/17/2000
Appellant's argument procedurally barred per 5A:18; conv affirmed
1909992 Rodney Eugene Hopkins v Commonwealth of Virginia 10/17/2000
No t/c err in denying mtn to supp heroin seized & statements made
2037991 Lorenzo Moore v Commonwealth of Virginia 10/17/2000
Insufficient evidence for poss of cocaine and poss of a firearm
2363994 Shannon David Ringer v Commonwealth of Virginia 10/17/2000
Insufficient evidence to prove guilt for perjury in bench trial
2509992 Betty Shearin Albis v Commonwealth of Virginia 10/17/2000
No tc err:refusing to supp evid;consented to search;no 4th Am vio
2824992 Antoine Harvey Squire v Commonwealth of Virginia 10/17/2000
No trial court err in Fourth Amendment search; admit evidence
3059992 Daitrone Lamar Hargrove v Commonwealth of Virginia 10/17/2000
No trial court err in Fourth Amendment search; admitting evidence
0771002 Nicholas Kourakos v Mario Stylianou 10/10/2000
Summarily affirmed
1081002 Brenda W. Gross v Wyeth-Ayerst Laboratories, etc 10/10/2000
Summarily affirmed
1105992 Stephen M. Sneade v Commonwealth of Virginia 10/10/2000
No TC error in denying motion to suppress; confession voluntary
1157991 David James Bunton v Commonwealth of Virginia 10/10/2000
TC error by refusing to suppress inculpatory statement
1306003 James H. Meadows v Bear Ridge Mining, Inc., et al 10/10/2000
Summarily affirmed
1318004 International Design Services, et al. v Pagnato 10/10/2000
Summarily affirmed
1628993 Frederick Shaft Price v Commonwealth of Virginia 10/10/2000
No TC err:denial of mtn to suppress evid./Evid.suff assault& batt
1860992 Jessie Lamont Tate, s/k/a Jesse Tate v CW 10/10/2000
No TC error re: denial of mtn to suppress evidence found in mouth
2359991 Juma Akili Whitfield v Commonwealth of Virginia 10/10/2000
No TC err: failure to inquire as to conflict/evid.suff to convict
2516991 Tony Brown v Commonwealth of Virginia 10/10/2000
Insuff.evid.to support conviction for poss.of heroin w/intent
2653992 Levi Milton Walker, s/k/a, et al.v Chesterfield Co 10/10/2000
No TC err:final order states violation of 18.2-266,not local ordi
2819981 Toney Deaundrae Griffin v Commonwealth of VA 10/10/2000
No TC err: mtns to sever&mistrial/TC err:Smith's stmt re:intent
1035002 Sebert Franklin Skeens v Joyce Ann Toler Skeens 10/03/2000
Summarily affirmed
1140003 New River Community Action, Inc., et al. v Sehen 10/03/2000
Summarily affirmed
1262003 Lawrence Alphonso Penn, Jr. v J & J Southeast, etc 10/03/2000
Summarily affirmed
1337003 Linda A. Cosgrove v Curtis R. Sowers, et al. 10/03/2000
Summarily affirmed
1888993 Gary Douglas Lee v Robin Elaine Cowan Lee 10/03/2000
Pendente lite orders interlocutory; CAV dismisses for lack jurisd
2192991 Renard C. Fields v Commonwealth of Virginia 10/03/2000
No TC err:accepted prosecutor's representation-explan.race neutra
2558992 Charles D. Johnson v City of Richmond 10/03/2000
TC error: appellant didn't violate Richmond Code 18-18
2896991 Laura Moellar, s/k/a Laura Ann Moeller v CW 10/03/2000
No TC err:finding appellant guilty of 3 cnts dist.controlled subs
2941993 Gary Douglas Lee v Robin Elaine Cowan Lee 10/03/2000
No TC error re: spousal support; TC error re: amount of award
0158994 Derek Stanton Lamar v Commonwealth of Virginia 09/26/2000
No TC error re: allowing CW's DNA expert to testify
1028002 Industrial Air Conditioning, et al.v Timberlake 09/26/2000
Summarily affirmed
1150003 Commonwealth of Virginia v Harold Wayne Huffman 09/26/2000
TC's suppression of evidence reversed and case remanded
1195002 United Winner Metals, Inc., et al. v Tanya Hardee 09/26/2000
Summarily affirmed
1249003 Dickenson Co. Medical Center, et al. v Rose 09/26/2000
Summarily affirmed
1697992 Mykal Rashad v Commonwealth of Virginia 09/26/2000
No TC error re: failure to disclose no prejudice case; evid.suff
2710993 Dennis Glenroy Simmonds v Commonwealth of Virginia 09/26/2000
No TC err: revokation of suspended sentence previously imposed
0227004 M. Thompson Early, Jr. v Susan B. Early 09/19/2000
Summarily affirmed
0258004 Joan Laurie Baxter v Michael J. Baxter 09/19/2000
Summarily affirmed
0726001 S. Grey Folkes v Pamela A. Folkes 09/19/2000
Summarily affirmed
0832002 Lifecare Medical Transports, Inc., et al. v Powell 09/19/2000
Summarily affirmed
0999003 Michael A. Andrews v Westvaco Corporation, et al. 09/19/2000
Summarily affirmed
1082992 Stacey W. Beck v Joseph E. Beck, III 09/19/2000
TC err:equit.dist.; invest.funds; child support; spousal support
1132002 Frederick Darden v Mack Jimmy, Inc. Luck Stone,etc 09/19/2000
Summarily affirmed
1108003 Southfork Trucking, Inc. and Reliance Ins. v Whitt 09/12/2000
Summarily affirmed
1216002 Alphonzo Taylor, Sr. v Pocahontas Corr.Unit/CW 09/12/2000
Summarily affirmed
0271001 Samuel B. Davis, Jr. v Louise B. Davis, now estate 09/05/2000
Summarily affirmed
0431002 Bernard Duncan v Data Services and VEC 09/05/2000
Summarily affirmed
0619992 Charles Walter Clay, Jr. v Commonwealth of VA 09/05/2000
No TC err:deny mtns to dismiss charges based on former jeopardy
1736993 Peggy C. Jones v Virginia Retirement System 09/05/2000
Summarily affirmed
1883994 Clarence Milton Thomas v Commonwealth of Virginia 09/05/2000
No TC err:admitting evid.of earlier plea/testimony/med.condition
2587981 Elton Manning Jackson v Commonwealth of Virginia 09/05/2000
No TC err: allowing witnesses to test./overruling mtn/statement
1194994 Phyllis M. Baumann v Virginia Retirement System 08/29/2000
No TC error re: not allowing Williams & Weiss to be deposed, etc
2173991 Vincent Ardie Opie v Commonwealth of Virginia 08/29/2000
Evid.suff.to support conv.for burglary while armed w/deadly weapo
2181993 Ronnie Lee v Commonwealth of Virginia 08/29/2000
No TC err:not allowing appellant to ask during cross re:criterion
2311982 Earl C. Maye, Jr. v Commonwealth of Virginia 08/29/2000
TC err:refusing proper instruct.on assault&batt.as lesser inc.off
2756993 Electra Moore McGay v Culbert McGay 08/29/2000
TC properly used 1985 as date of sep./no err:other assign.of err.
0082002 Douglas James, Jr. v Clarence H. Carter, Commis. 08/22/2000
No TC error re: evid.sufficient to prove founded child abuse
0139992 Edward Lee Caple, Jr. v Commonwealth of Virginia 08/22/2000
Rule 5:18 bars our consideration of question present/no objection
0142991 Antwan M. Kingsberry v Commonwealth of Virginia 08/22/2000
TC error:admitting statement of co-def./No TC err:letter admitted
0412003 John W. Daniel and Co., et al. v Joseph E. Dent 08/22/2000
Summarily affirmed
0709992 Donald J. Ponton v Cheryl J. Ponton 08/22/2000
TC err:mandating he pay his former wife spousal support arrearage
0799001 Chesapeake Bay Contractors, et al. v Seekins 08/22/2000
Summarily affirmed
0800002 Reynolds Metals Company,et al. v Patricia Chowning 08/22/2000
Summarily affirmed
0809003 Design Landscapes, Inc., et al. v Linda Mizzell,et 08/22/2000
Summarily affirmed
0842001 Donald Seekins v Support Services of VA, et al. 08/22/2000
Summarily affirmed/dismissed as moot
1296993 Dorothea Chisom Martin v Commonwealth of Virginia 08/22/2000
No TC error: admitting stmts of co-conspirator/evid.suff.to conv
1637992 Ken Derwin Davis v Commonwealth of Virginia 08/22/2000
TC error re: victim's testimony inherently incredible
1694992 Abdul-Malik Ramadan Salaam v Commonwealth 08/22/2000
Evidence sufficient to support convictions for att.murder of P.O.
2445982 John Carlton Carter, Jr. v Commonwealth of VA 08/22/2000
No TC error re: failure to suppress evid. seized following search
2606982 Harold Alonzo Wilkins v Commonwealth of Virginia 08/22/2000
Evidence sufficient to support conviction for use of firearm
2706982 Phillystene Tucker Jefferson v Commonwealth 08/22/2000
Evid.suff.to support conv. for malicious burning of structure
2786993 Sheila Iron Ratliff Dellinger v James E. Dellinger 08/22/2000
Summarily affirmed
0189992 Anthony Sylvester Gaines v Commonwealth of VA 08/15/2000
No TC error re: finding evid.inadmiss./no cross-exam witness, etc
0476004 Lida Saeedian v Richard M. Millman 08/15/2000
Summarily affirmed
0545994 Dolly Yvonne Parks v Commonwealth of Virginia 08/15/2000
No TC err:responding to jury question/allowing husband to testify
0627993 Jason D. Hailey, s/k/a Jason Duane Hailey v CW 08/15/2000
Appellant failed to make any constitutional arg.in TC;conv.affirm
0715004 Robert Sharp v K B R Corporation, et al. 08/15/2000
Summarily affirmed
0722004 Lida Saeedian v Richard M. Millman 08/15/2000
Summarily affirmed
0792004 Robert Dale Burroughs v Frederick Co. School Bd,et 08/15/2000
Summarily affirmed
0900003 Burlington Industries, Inc.,et al. v Rebecca Golda 08/15/2000
Summarily affirmed
1424994 Christopher S. Fayette, Sr. v Stafford Co. DSS 08/15/2000
No TCerr:evid.all approp.,reasonable efforts by social svcs taken
1843982 William J. Cuozzo, s/k/a William Jay Cuozzo v CW 08/15/2000
TC error re: statements inadmissible/insuff.evid. to support conv
2009993 Kenneth David Newton v Commonwealth of Virginia 08/15/2000
TC error re: permitting the CW to enumerate previous drug convict
2304993 Augusta Co. School Board, et al. v Annie L. Warren 08/15/2000
No WCC error re: clmt suffered compensable chg in cond., et al.
2617991 Willie Louis Johnson v Commonwealth of Virginia 08/15/2000
No TC error re: App.failed to est. search beyond scope of warrant
0433003 George Garland v VEC and Mrs. Giles Country Kitche 08/08/2000
Summarily affirmed
0479004 Ken R. Gallahan v Linda Flood 08/08/2000
Summarily affirmed
0525002 Murray L. Steinberg v Katherine T. Steinberg, etc 08/08/2000
Summarily affirmed
0602002 Murray L. Steinberg v Katherine T. Steinberg, etc 08/08/2000
Summarily affirmed
1052001 Edward L. Jenkins v Peninsula Roofing Company, etc 08/08/2000
Summarily affirmed
1648991 Roy Edgar Morrisette v Commonwealth of Virginia 08/08/2000
No TC err:finding evidence established def.on notice license susp
1973991 William H. Harrison, Jr. v CW 08/08/2000
Insufficient evidence to support conviction for poss.of heroin
0352004 AECOM Technology Corporation,e t al. v Wm. Massey 08/01/2000
Summarily affirmed
0406992 Henry Earl Jones v Commonwealth of Virginia 08/01/2000
Evidence sufficient to support conviction for unlawful wounding
0632002 David A. Lawhorne v Tri-State Cable Comm., et al. 08/01/2000
Summarily affirmed
0731003 Dickenson Co. Medical Center, et al.v Barbara Rose 08/01/2000
Summarily affirmed
0896992 James Ware Kelley, Jr. v Alice Chilton Kelley 08/01/2000
TC err:failure to credit husband w/greater share of marital resid
1129994 Michael Jennings Maddox v Commonwealth of Virginia 08/01/2000
Insufficient evidence to prove second degree murder/case remanded
1202993 Gary Wayne Simmons v Commonwealth of Virginia 08/01/2000
No TCerr:conv.'s for att.mal.wounding/fel.prop.damage/restitution
1221992 Daniel Joseph Pair v Commonwealth of Virginia 08/01/2000
No TC error re: restricting testimony/evid.sufficient to convict
1961992 Jesse Jerome Hendren v Commonwealth of Virginia 08/01/2000
No TC error re: denying motion to suppress evidence
2479991 Zachary S. Lewis v Commonwealth of Virginia 08/01/2000
Correction to page 1: Asst.Attorney General's name is E. Shaffer
2597992 Joie Y. Cametas v John G. Cametas 08/01/2000
No TC err: Judgment affirmed; remanded for further award to wife
2783982 John Alonzo Roach v Commonwealth of Virginia 08/01/2000
Evid.suf.for concealing stolen prop./Insuf.evid.for att.grand lar
0235991 Lemar Jamie Anderson v Commonwealth of Virginia 07/25/2000
TC error re: denying motion to strike Commonwealth's evidence
0264994 Phillip J. Moore v Commonwealth of Virginia 07/25/2000
No TC error re: denying motion CW improperly commented on refusal
0320002 Antonio Miller, Sr. v Richmond DSS 07/25/2000
Summarily affirmed
0663992 Markece Anthony Towles v Commonwealth of Virginia 07/25/2000
No TC error re: admit.to evid.results of DNA analysis of t-shirt
0843992 Kenneth Ray Lewis v Commonwealth of Virginia 07/25/2000
No TC error re: allowing officer to testify re: stmts from inmate
0934004 Paul Robert Serrano v Sarah McKinley Serrano 07/25/2000
Summarily affirmed
1099991 Danial J. Williams v Commonwealth of Virginia 07/25/2000
No TC error re: refusing to permit def.to withdraw guilty pleas
1224982 Antonio Edward Battle v Commonwealth of Virginia 07/25/2000
TC err:no clear,precise, unequivocal evid.waived right to counsel
1255992 David Edward McCord v Commonwealth of Virginia 07/25/2000
TC err:denied proper cross-X;NoErr:permitted witness to be called
1343991 Terry Lamont Whitby v Commonwealth of Virginia 07/25/2000
Evid.suff.to support conv.s of trespass,assault&battery & robbery
1403992 Danny Harold Pfaller v Commonwealth of Virginia 07/25/2000
Because def. raises ineffect.assist.of counsel, appeal dismissed
1770982 Wayne Thomas Pulliam v Commonwealth of Virginia 07/25/2000
Evidence suff. to prove def.operated auto.on date in question
2017993 Michael Lee Gray, Jr. v Commonwealth of Virginia 07/25/2000
Evidence sufficient to support two counts of invol.manslaughter
2208991 Mark Filby, s/k/a Mark Douglas Filby v CW 07/25/2000
No TC error: evid.excluded/evid.suff.to support burg.conviction.
2481994 Gregory Jude DeVeau v Mutsumi Azemoto-DeVeau 07/25/2000
TC err:removing req'ment of supervised visitation w/out notice
2615991 Richard Wood v Janice Wood Chambliss, f/k/a J.Wood 07/25/2000
No TC error: not terminating pension payments to wife
3103992 RISE, et al. v CW, DEQ, DWM, et al. 07/25/2000
No TC err:permit supp.by agency file,et al./dism.of Cts II-V, etc
0042992 Lavonnia Nichole Tate v Commonwealth of Virginia 07/18/2000
NO TC err: child seriously injured/intent to harm
0137004 Clarence W. Truax,Jr. v William A. Hazel, Inc.,etc 07/18/2000
Summarily affirmed
0137992 Steven Lamont Carney v Commonwealth of Virginia 07/18/2000
Evid.suff.to convict for robbery & use of firearm in commission
0466001 Tecnico Corporation and Legion Ins.Co. v Zimmer 07/18/2000
Summarily affirmed
0661003 Herbert Felix Stacy, Jr. v Westmoreland Coal Comp 07/18/2000
Summarily affirmed
0946992 Melinda May Mendez v Commonwealth of Virginia 07/18/2000
Evidence sufficient to prove grand larceny;excluded anyone else
1400934 Mary E. Howard v James T. Howard 07/18/2000
TC error: failing to include items in husband's gross income, etc
2077992 Larry Wayne Smith v Commonwealth of Virginia 07/18/2000
No TC error re:admitting cert.of analysis (no sufficient request)
2254982 Odeh Benjamin v Commonwealth of Virginia 07/18/2000
Evid.suff.to convict for felony failure to stop at scene of accid
2368993 Elbert Lamont McCain v Commonwealth of Virginia 07/18/2000
Evidence suff. to support convictions for poss.of cocaine, et al.
2648991 Terrence Marcellus Woolard v Commonwealth of VA 07/18/2000
TC err:CW failed to establish inherent reliablity of confessions
2664983 Anthony Davon Slade v Commonwealth of Virginia 07/18/2000
TC err:conviction barred by earlier conviction for disch'ing FA
2861993 Douglas Allen Tignor v Patricia Lynn Smith Tignor 07/18/2000
TC err:erroneously classified lump sum settlement as marital prop
3074994 Donna Reid v Loudoun County DSS 07/18/2000
Summarily affirmed
0242004 Linda M. Nelson v Andrew M. Gecelosky 07/11/2000
Summarily affirmed
0497002 Commonwealth of Virginia v Jamison Jerald Morton 07/11/2000
No TC err:granting mtn to supp/seizure unreasonable-no prob.cause
1487993 Corey Anton Johnson v Commonwealth of Virginia 07/11/2000
Evid.suff.to prove Johnson guilty of possessing cocaine w/intent
1872992 Sharon Luanne Walker v Charles R. Pfeiffer 07/11/2000
TC error re: time share sale/No TC error re: jurisdiction, etc
2767992 Evan A. Burkholder v Cynthia A. Burkholder 07/11/2000
No TC err:affirming order extending spousal support & fees &costs
3111994 Robert Lee Thacker v TNT Insulations Co., et al. 07/11/2000
WCC error re: denial of benefits; employee covered; case remanded
0584992 Eddie Lee Gills v Commonwealth of Virginia 07/05/2000
TC err:warrant insufficient to prove prior conv.for habit.offende
0727003 Edith Rivera v Roanoke City DSS 07/05/2000
No TC error re: ordering emergency removal of grandsons
1228992 Rashawn A. Neville v Commonwealth of Virginia 07/05/2000
Evidence sufficient to support conviction for grand larceny
1460992 WHW, Inc. et al. v Edward Calvin Bristow 07/05/2000
No WCC err:marketing work capacity/constructively refused employ.
2169992 Linda Cintron v David A. Long 07/05/2000
TC error re:changing custody from mother to father; case remanded
2550992 Matthew L. Archer v Commonwealth of Virginia 07/05/2000
TC err: poss.firearm by conv.felon/No TC err:breaking & entering
3067994 Polly B. Norris v Fairfax County School Board 07/05/2000
Summarily affirmed
0183002 Commonwealth of Virginia v Adib Ameer Marzuq 06/29/2000
TC error:drugs and other evidence seized during protective sweep
0340001 Commonwealth of Virginia v Luis Enrique Merced 06/29/2000
TC error re: Encounter consensual and didn't implicate 4th Amend
0604003 Edward Johnson v Roanoke City Dept of Social Svcs 06/27/2000
No TC error re: termination of parental rights
0715994 Mohamed Soleiman Mustamandi v Commonwealth of VA 06/27/2000
Insuff.evidence to find guilt beyond reasonable doubt for robbery
0827992 John E. Clark v Linda J. Clark 06/27/2000
TC error: Award to wife/child support arrearage/equit.dist.award
0939994 Miller & Long Co. Inc., et al. v Jerry M. Blake 06/27/2000
Insuff.evid.to supp.WCC's finding clmt's injury rose out of emplo
1463994 Duane Scott Boyce v Commonwealth of Virginia 06/27/2000
Constitutional challenge not properly preserved;convictions affir
1692992 Rodney Arzan Cobbs v Commonwealth of Virginia 06/27/2000
Insufficient evid.to support conviction for poss.cocaine w/intent
1870993 Susie M. Plasters v Commonwealth of Virginia 06/27/2000
TC err:convict.CW confessed error/No TC err:unauthorized use VCIN
1949992 Momar O. Guy, s/k/a Momar Oboi Guy v CW 06/27/2000
Insuff.evid.to prove crime committed-illegal search; jdgmt revers
1980994 Maria Avila v Commonwealth of Virginia 06/27/2000
Evidence sufficient to support conviction for arson
2033992 E. Steven Palmore v Pamela S. Palmore 06/27/2000
No TC err:refusal to award a share of post-sep.increase of home
2132994 Roberto Calderon v Commonwealth of Virginia 06/27/2000
Evid.suff.to prove conviction for malicious burning of school
2761992 Alvin Quash v Marjorie S. Quash 06/27/2000
No TC err: atty's fees/class.marital prop/prejud.interest/grounds
2829992 ElizabethH.Willis,n/k/a M.E.Harris v Rickie Willis 06/27/2000
No TC error re: denial of motion to terminate visitation
0008003 Uninsured Employer's Fund v Hilltop Lumber Co, etc 06/20/2000
Summarily affirmed
0844993 Marilyn Jean Lester v Commonwealth of Virginia 06/20/2000
No TC err:admitting polygraph evid.had no impact on TC's findings
0880992 Wakeel Abdul Sabur, a/k/a et al. v Commonwealth 06/20/2000
NoTCerr:admitting video/allowed CW to refer to video/evid.suff et
1628982 Daniel Wade Inge v Commonwealth of Virginia 06/20/2000
Evidence sufficient to prove elements of rape
1670994 Armando Gonzales-Loya v Commonwealth of Virginia 06/20/2000
Evidence sufficient to prove conspiracy to distr.cocaine
1725982 William Lee Kauffman v Commonwealth of Virginia 06/20/2000
No TC err:refusing to suppress certificate of analysis of BAL
1730992 Andre Lamont Noel v Commonwealth of Virginia 06/20/2000
TC err: transp.cocaine/No TC err:consp.to dist/dist.cocaine/w/int
1797993 Dexter Joseph Summers v Commonwealth of Virginia 06/20/2000
Evid.suff.to prove defendant maliciously struck victim w/intent
1799994 James Maynard Pro v Commonwealth of Virginia 06/20/2000
Evidence sufficient to prove making threat to burn building
2083993 Steven Joseph Jolinski v Commonwealth of Virginia 06/20/2000
Evidence sufficient to support conviction for disorderly conduct
2087992 Jesse Lee Blackwell v Commonwealth of Virginia 06/20/2000
Evid.suff.to prove poss.w/intent to dist.w/in 1000 ft of a school
2256992 Larry P. Cook v Mecklenburg County DSS 06/20/2000
Evid.suff.to supports DSS's clear & conv.evid.to term.parent rts
2497981 Cory DeLaurencio v Commonwealth of Virginia 06/20/2000
On page 11, line three, the word "proceeded" should be "preceded"
2512991 Michael Ray Wiese v Belinda Lee Wiese 06/20/2000
TC err:monetary award to wife/No TC err:class. of personal prop.
2621991 Belinda Lee Wiese v Michael Ray Wiese 06/20/2000
CAV expresses no opinion on wife's appeal, but vacates and remand
2754994 Blair S. Archibald v George H. Archibald 06/20/2000
TC erred in modifying earlier order to modify spousal support
2802991 Kenneth Francis Chandler, Sr. v Gracie M. Chandler 06/20/2000
Summarily affirmed
3020992 Dan River, Inc. v Sammy Terry 06/20/2000
No WCC err:awarding benefits-medical evid.est.causal connection
0078004 Michael Andrew Lamont v Shelia Ann Lamont 06/13/2000
Summarily affirmed
0323004 Robert Costello Construction, et al. v Bradley 06/13/2000
Summarily affirmed
1332991 Harold Kenneth Dickerson, III v Commonwealth 06/13/2000
No TC err:deny mtn to supp.evid.seized following invest.detention
1481991 Brian Christopher Daniels v Commonwealth of VA 06/13/2000
TC err:sentencing 50 yrs for abduction/No TC err:FA & robbery con
1620991 Sonne M. Bailey, s/k/a, et al. v Commonwealth 06/13/2000
No TC err:denying post-trial mtn for new trial on after-disc.evid
1788993 Wayne Sylvester Gunn v Commonwealth of Virginia 06/13/2000
Evid.sufficient to find appellant in constructive poss.of cocaine
1805992 George Leonard Underwood v Commonwealth of VA 06/13/2000
No TC err: finding appellant drove on "highway of CW"/conv.affirm
1904991 Marvin L. Hunter, III v Commonwealth of Virginia 06/13/2000
Evid.suff.to support possession of firearm by convicted felon
2145992 Edward H. Habboush v Elizabeth H. Walsh, f/k/a etc 06/13/2000
No TC err:order mom to pay increased child supp/visit./fees/depos
2472991 Rebecca Elgin, f/k/a Rebecca Elgin Kroner v Kroner 06/13/2000
TC err:Failing to abide by provision in settlement re: atty fees
2776993 Steve Rose v Betty Bartlett and Wendy Rose 06/13/2000
J&D juris.to adjud.instant issues of cust.&supp survived divorce
3097994 Robert B. Strain v Josephine C. Strain 06/13/2000
Summarily affirmed
0290003 John Charles Harriger v Pepsi-Cola General Bottler 06/06/2000
Summarily affirmed
0306994 Judith Carlisle v George Carlisle 06/06/2000
No TC err: visitation/lump sum award-impute income to wife, etc
0903991 Tanya L. Drummond v Commonwealth of Virginia 06/06/2000
No TC err:overruling Batson chal./jury instr. vol.mansl/evid.suff
1010991 James M. Blaker v Perry's Heating, Air & Elec., et 06/06/2000
No WCC err: refusal to attend exam/improper medical mgmt/ et al.
1216992 Kevi Comas, s/k/a Kevi Salvador Comas v CW 06/06/2000
Insuff.evid.to convict for distribution of heroin/consp.to dist.
1686991 Lois Eunice Roundtree v Commonwealth of Virginia 06/06/2000
No TC err:denying mtn to supp.stmts in viol.of right to be silent
1843992 Michael Woolfolk v Commonwealth of Virginia 06/06/2000
No TC err:denial mtn to supp.reliab.of informant/4th Amend.search
2030991 Jeffrey Warren Ainslie v Cynthia G.M. Ainslie 06/06/2000
TC err:no enforcing prop.sett.agrmt.where husband gets credit
2222992 Estil F. Davidson, Jr. v Deborah Davidson Van Epps 06/06/2000
CAV finds stmt of facts is indispensable to determination of case
2451981 Mark A. Michael v. Commonwealth of Virginia 06/06/2000
No TC error re: no violation of right to speedy trial
2968984 Anabel Basinger v Commonwealth of Virginia 06/06/2000
No TC err: admitting expert testimony on handwriting comparison
3091993 Lester Ray Terry v Roanoke City DSS 06/06/2000
No TC err: DSS proved Terry unwilling/unable to remedy conditions
0361992 Susan D. Fitzpatrick v Commonwealth of Virginia 05/30/2000
Evid.suff.to prove appellant had been declared habit.offender
1155991 Home Beneficial Corporation, et al. v M.M. Jackson 05/30/2000
No WCC err:appellants equitable estopped from asserting 2yr limit
1459994 Susan Jacqueline Burns v Commonwealth of Virginia 05/30/2000
No TC err: no evid. supp. self-defense; any error was harmless
1603991 Michael Charles Cooke v Commonwealth of Virginia 05/30/2000
No TCerr:admit.evid.of stmt to police by alleged accomp.harmless
1976992 Edward Alexander Beckford, Jr. v Commonwealth 05/30/2000
Beckford failed to preserve claims for appeal
2207991 Tidewater Physicians Multispecialty, etc v Harris 05/30/2000
Suff.evid.supports WCC found Harris made effort to market res.cap
2550981 William R. Blair v Commonwealth of Virginia 05/30/2000
No TC err:denying mtn to dismiss on statutory speedy trial ground
2580993 Geraldine I. Jones v Frank E. Jones 05/30/2000
TC err: lacked jurisdiction to entertain suit at time filed
2715994 Lisa Woolfolk v Loudoun County DSS 05/30/2000
Summarily affirmed
2860994 Gary Lee Fisher, Sr. v Warren Co. DSS 05/30/2000
No TCerr:DSS made efforts to return son;clear&conv.evid.cond.corr
0388992 Eric Durrell Jackson v Commonwealth of Virginia 05/23/2000
Insuff.evid.to prove malice/Self-def.properly rejected/remanded
0542991 John Emory Redding v Commonwealth of Virginia 05/23/2000
No TC err:denial of mtn to supp.evidence during consensual search
1274992 James Monroe Hague, s/k/a etc. v Commonwealth 05/23/2000
No TC err:decision permitting the rape victim to remain in ctroom
1427991 Michael Defrancisco v Commonwealth of Virginia 05/23/2000
TC error re: appellant invoked his right to counsel
1813993 John Mitchell Burgess v Shirley Clarke Burgess 05/23/2000
TC err: reduction of value of marital estate/matter remanded
1861992 Sarah Elizabeth Schoenfield, s/k/a etc. v CW 05/23/2000
No TC err:denial mtn to supp.evidence/no illegal search & seizure
1953991 Michael William Koulouris v Commonwealth of VA 05/23/2000
No TC err:denial of mtn to suppress eyewitness i.d./evid.suff.
2237984 Mauricio Moreno v Commonwealth of Virginia 05/23/2000
Evid.suff.to prove app.had intent to deprive victim of liberty
2477992 William Hazel Companies,et al. v Jesse R. Creswell 05/23/2000
No WCC err:clmt's pre-exist. arthritis not aggravated by comp inj
2762994 Medtech Health Care Training v VA Bd. of Nursing 05/23/2000
TC's order remanding matter is interlocutory order/CAV-no jurisdi
0059004 World Color Retail, etc.v Bonnie M.Pelzer-Pugliese 05/16/2000
Summarily affirmed
0060992 Lester Frizzell Morris, s/k/a v CW,Chesterfield Co 05/16/2000
TC error re: not striking juror for cause
0166992 Ottis Lee Wainwright v Commonwealth of Virginia 05/16/2000
No TC err:admitting appellant's statment for impeachment purposes
0385992 Dennis Henley, s/k/a, etc. v Commonwealth of VA 05/16/2000
No TC error re: not denying the motion to suppress
0523992 Latroy Lee Saunders v Commonwealth of Virginia 05/16/2000
No TC err:denial of motion to suppress evid. seized before arrest
0641992 Stevie Adams v Commonwealth of Virginia 05/16/2000
No TC err: indictment cured any defect occurred (notification)
0679992 Artis Orlando McDonald v Commonwealth of Virginia 05/16/2000
No TC err:indicment cured any defect that occurred (notification)
0681992 Bill Lewis Odom, Jr. v Commonwealth of Virginia 05/16/2000
No TC err:denying motion to strike juror for cause after response
0773992 Tanya Dionne Edwards v Commonwealth of Virginia 05/16/2000
Evidence sufficient to support convictions for grand larceny, etc
0974992 Shawn William Murphy, s/k/a Shawn D. Murphy v CW 05/16/2000
No TC error re: value of firearm irrelevant to offense
0980992 Patricia Bryant Guthrie v Commonwealth of Virginia 05/16/2000
No TC error re: admitting birth certificate into evidence
1275992 Sheba Benille Howard v Charlottesville DSS 05/16/2000
Evidence sufficient to support termination of parental rights
1359992 George Henson, Jr. v Commonwealth of Virginia 05/16/2000
No TC err: striking juror for cause/evid.suff.to support convict.
1444994 Richard Baylor Moriarty v CW, DMV 05/16/2000
No TC error re: admitting record of prior conviction
1586991 Roger Corey Newton v Commonwealth of Virginia 05/16/2000
Evidence sufficient to support rape conviction
1829992 Calvin Lee Barrett v Commonwealth of Virginia 05/16/2000
No TC error re: refusing to strike juror for cause
1844993 Kendall Lee Crawford v Commonwealth of Virginia 05/16/2000
No TC error re: TC had jurisdiction to try case
1878993 Edmund Steven Hardman v Commonwealth of Virginia 05/16/2000
No TC error re: admitting defendant's statements (harmless error)
1965993 Fines L. Dishman, II v Christina Dishman 05/16/2000
Summarily affirmed
2035992 Oscar Spencer Fields v Jewell Bevell Fields 05/16/2000
Husband failed to prove material chg in circum.that just.modifica
2094992 Rodney J. Miller v Elizabeth W. Easter, f/k/a etc. 05/16/2000
TC error: admission child's statements of unsubstantiated abuse
2317992 Arthur C. Kreiger, II v Commonwealth of Virginia 05/16/2000
Summarily affirmed
2373994 Delores Chavira Payan, a/k/a etc. v Commonwealth 05/16/2000
No TC err:considering photos at sent.refused to admit at plea hrg
2532992 Billy R. Shea v Transportation Unlimited, et al. 05/16/2000
No WCC error re: employee unjustifiably refused selective employ
2876981 James S. Shaw v Commonwealth of Virginia 05/16/2000
Evidence sufficient to support conviction for embezzlement
0013003 Rigoberto C. Gutierrez v Espina Stone Company, et 05/09/2000
Summarily affirmed
0061991 Shelton Orell Carter, s/k/a Sheldon Carter v CW 05/09/2000
Evidence sufficient to prove requisite intent to kill
0337991 David Coppedge v Commonwealth of Virginia 05/09/2000
Evidence sufficient to prove poss.heroin w/intent to distribute
0411992 Tamir M. Taylor v Commonwealth of Virginia 05/09/2000
Evidence sufficient to support conviction for felony child neglec
0710994 Michael Anthony Booker v Commonwealth of Virginia 05/09/2000
No TC err: defendant didn't distribute cocaine as accommodation
0716992 William MacDonald Terry v Commonwealth of Virginia 05/09/2000
Evid.sufficient to support agg.mal.wounding, use FA in comm., etc
0745994 Jerome D. Robinson v Commonwealth of Virginia 05/09/2000
No TC error re: admission into evidence statement from informant
0856992 Douglas Olgers v Commonwealth of Virginia 05/09/2000
No TC err:conv.killing deer/TC err: misdemeanor sentencing order
1236992 Patrick Marcel Patterson v Commonwealth of VA 05/09/2000
Evidence sufficient to prove grand larceny, forgery & uttering
1263993 Alessandro Ferreira Lima v Commonwealth of VA 05/09/2000
Evid.suff.to support conv.grand larceny/properly valued items
1494991 Ace House Movers, Inc., et al.v Michael N. Jackson 05/09/2000
Evid.suff.to prove medical treatment causally related to accident
1605993 Lavicie N. Sawyers, s/k/a v Tazewell Co. DSS 05/09/2000
No TC err:termination of parental rights in children's best inter
1789993 Barry Willie McCain v CW and City of Danville 05/09/2000
Evidence sufficient to prove he was operator of car
1855993 William Edward Lalik v Commonwealth of Virginia 05/09/2000
Evidence suff.to prove contempt of court in viol.Code 18.2-456(5)
1984991 Montusa Karundo T. Pace v Commonwealth of VA 05/09/2000
TC error re: admission of statement, but error was harmless
2201993 International Paper Company v James H. DeHart 05/09/2000
No WCC error re: finding claimant's injury rose out of employment
2255994 Don Wilson, s/k/a Donald Cordell Wilson v CW 05/09/2000
No TC err:admission of evidence re: prior altercation with victim
2521992 Walter X. Slawski v CW, DSS, DCSE, ex rel. Slawski 05/09/2000
Summarily affirmed
2537994 Shohreh Ghasem v Fairfax Co. DSS 05/09/2000
Evid.suff.to meet clear & convincing evid. for term.parental rts
2992982 Oeup Tho v Commonwealth of Virginia 05/09/2000
Record fails to est.common ident.of relevant charges for dou.jeop
3010993 Walker J. Ferguson v Limitorque Corporation, et al 05/09/2000
No WCC err:concluding dr.'s opinion not suff. to bring two causes
0169991 Debby Jo Wallman v Commonwealth of Virginia 05/02/2000
Evidence insufficient to support conviction for poss.of heroin
0346991 Clinton T. Rogers, Jr., s/k/a etc. v Commonwealth 05/02/2000
No timely object.to improper test.;no reason invoke except.5A:18
0378991 Victor Carter v Commonwealth of Virginia 05/02/2000
Evidence sufficient to support convictions for cocaine/firearm
0474992 Michael Allen Berry v Commonwealth of Virginia 05/02/2000
No TC error re: denial of motion for mistrial -- Pulley v CW
0720992 Sylvester Gary v Commonwealth of Virginia 05/02/2000
Since record incomplete, CAV refuses to review claimed error
0930991 Christopher James Moltz v Commonwealth of Virginia 05/02/2000
No TC err:admit.stmt as declar.against penal int./denial mtn mstl
0961992 Bryant Lavar Gayles v Commonwealth of Virginia 05/02/2000
No TC error: if failure to give instruction error, error harmless
0982993 Ralph Bailey Gormus v Commonwealth of Virginia 05/02/2000
TC err:restricted cross-exm,but error harmless;jury instr.not err
2038993 Jumunik Monteon Finney, s/k/a Juminik Finney v CW 05/02/2000
No TC error re:denial of mtn to dismiss;had jurisdiction to hear
2061984 Debra Ann Wilson v Commonwealth of Virginia 05/02/2000
Evid.suff.form was correct and Wilson made willfully false stmts
2291993 Martinsville City School Bd., etc. v Timothy Myers 05/02/2000
No WCC error re: refusing to order change in clmt's treating dr.
2803993 Michael Charles Fries v Patricia Ann Fries 05/02/2000
TC error re: invalidating sep.agrmt, vacate equit.dist.; remanded
2889992 Catherine M. Jackson v J. Sargeant Reynolds/CW 05/02/2000
Summarily affirmed
0314992 Ronald Clyde Iverson v Therese Rose Iverson 04/25/2000
No TC err:equitable distribution/valuation of property/tax liab.
0473993 Charles Ray Lewis, III v Commonwealth of Virginia 04/25/2000
No TCerr:necessary intent to convict of assault-issue not raised
0576994 Melvin James Marshall, Jr. v Commonwealth of VA 04/25/2000
Evid. sufficient to establish appellant was perpetrator of crime
1112993 Melvin Wayne Blankenship, Jr. v Commonwealth of VA 04/25/2000
Evid.suff.to supp.appellant's conv.s for chged off.as 2d principa
1279992 Michael L. Hamlin, s/k/a Michael Leon Hamlin v CW 04/25/2000
No TC error re: denial mtn to suppress; search w/in scope given
1441993 David Coleman v CW, DSS, DCSE ex rel. B.Hutcherson 04/25/2000
TC err: award of arrearage/remand to TC with direction to vacate
1888984 Charles R. Carey, s/k/a Charles Rising Carey v CW 04/25/2000
No TC error:admitting certificate of analysis:no stat.violation
2172981 Tina Marie Samuel v Commonwealth of Virginia 04/25/2000
Evid.suff.to prove appellant stole clothing in excess of $200
2357993 George Montgomery Cook v Island Creek Coal Company 04/25/2000
No WCC err:disability not causally related to 10/20/96 inj.by acc
2505991 Gwaltney of Smithfield, et al. v Clarice Cypress 04/25/2000
No WCC err: carpal tunnel syn.comp. disease of life/TTD benefits
2526991 Roy D. Hare, Sr. v Janice D. Hare 04/25/2000
Summarily affirmed
2879992 Paula Ripley v Charlottesville Dept of Social Svs 04/25/2000
Summarily affirmed
2890983 Troy Dyon Tarpley v Commonwealth of Virginia 04/25/2000
Evidence sufficient to support conviction for grand larceny
0266994 Patrick Howard Bailey v Commonwealth of Virginia 04/18/2000
Evidence sufficient to support conspiracy convictions
0446994 Templeton Oldsmobile Dodge, et al. v Charles Dyer 04/18/2000
No WCC error re: Dyer able to work beginning on 12/31/97
1210993 Westley Lee Hayes v Commonwealth of Virginia 04/18/2000
No TC error re: denial of motion to suppress evidence
1265992 Theodore Lee Hall v Commonwealth of Virginia 04/18/2000
No TCerr:confirm.of insur.doc.was public record/intent to defraud
1549984 Christopher J. Strope v Commonwealth of Virginia 04/18/2000
No TC err:joining trial with codef./no viol. of 1st Amend. rights
2961991 Donald M. Fett, Jr. v Waymar, Inc., et al 04/18/2000
Summarily affirmed
0586992 Gregory Leland Raymer,s/k/a Gregory L.Raymeur v CW 04/11/2000
Evidence suff.to support two counts of fraud'ly.obtaining money
0949992 Richard Wiley Griffin v Commonwealth of Virginia 04/11/2000
Evid.suffi.to support convictions for abduction,use FA, stat.burg
1019991 Troya Andre Wright v Commonwealth of Virginia 04/11/2000
Evid.suff.to support conv.for assault & battery on police officer
1065991 CW v Shawn Lewis, s/k/a Shawn L. Lewis 04/11/2000
TC error re: lacked authority to restore driving privileges
1127992 April Darnell Edgecombe v Commonwealth of Virginia 04/11/2000
Evidence proved "consent" to search was product of unlawful seiz.
1215991 Larry Lee v Commonwealth of Virginia 04/11/2000
No TC error re: no abuse of discretion re:revoking suspended sent
1291992 Katherine A.Wiglesworth,s/k/a K.A.Wigglesworthv CW 04/11/2000
Insuff.evid.to prove failure to appear;Evid.suff. to prove escape
1533991 Catherine A. DiMauro v VA Beach Dept.of Social Svs 04/11/2000
NoTCerr:term.of resid.parent.rights-no remedy cond./foster care
1669992 James B. Terrell v Commonwealth of Virginia 04/11/2000
TC error:sent.for felony assault--should have been mal.wounding
1808992 Krishan Rana v Shakuntla Rana 04/11/2000
No TC err:sp.supp./no chg in circum./wife not volunt.unemployed
2047994 Ronald James Uzenoff v Linda Anne Terrell 04/11/2000
No TC err:1991 order where husband would support children past 18
2321984 Mario A. Bustillo v Commonwealth of Virginia 04/11/2000
No TC err:denial of mtn to set aside verdict for after-disc.evid
2403991 Richard Penn v Diane A. Penn 04/11/2000
Summarily affirmed
2422984 Mario A. Bustillo v Commonwealth of Virginia 04/11/2000
No TC err:denial of mtn to set aside verdict for after-disc.evid
2487992 Theresa Tibbitts v Depart.of Soc.Svs for Henrico 04/11/2000
Summarily affirmed
2599992 Lawrence Pennybacker v Spotsylvania Co. DSS 04/11/2000
Summarily affirmed
2711992 Dan River, Inc. v Carla A. Hairston 04/11/2000
Summarily affirmed
0113994 Paul Allen Friedline v Commonwealth of Virginia 04/04/2000
NoTCerr:admis.of evid.pertaining to crime that occurred same nite
0283991 Carlton Nelson, Jr., a/k/a Carlton Williams v CW 04/04/2000
No TC error:juris.re:mal.wounding/indict.cures defects/cross-exam
0550991 Daniel Soctt Piela v Commonwealth of Virginia 04/04/2000
Evid.sufficient to support conviction of obstruction of justice
0884994 Samia Mills v Michael L. Mills and Marcia B. Mills 04/04/2000
No TC error re: evid.proved adoption is in child's best interests
0934991 Walter D. Boone, Jr. v Commonwealth of Virginia 04/04/2000
No TC error re: denial of motion to supporess stmt made to police
1289994 Edward Lindsay Yates v Commonwealth of Virginia 04/04/2000
No TC err: search based on valid & Continuing consent
1393991 Kenneth Anthony Gore v Commonwealth of Virginia 04/04/2000
Evidence sufficient to prove appellant entered dwelling w/intent
1641994 Visanoukoun Souksengmany v Commonwealth of VA 04/04/2000
No TC error re: indictment in circuit ct cured alleged defects
1975991 Donavon T. Watkins, s/k/a Donovan T. Watkins v CW 04/04/2000
Insufficient evidence to support conviction for grand larceny
2380994 Robert E. Young, Jr. v Mary Patricia Young 04/04/2000
TC err:excl.testimony and applied improper stand. for mtn to strk
2438993 Daniel Brian Drysdale v Deborah Whitt Drysdale 04/04/2000
Summarily affirmed
2971991 Sentara Norfolk General Hospital v Melvin Spruill 04/04/2000
Summarily affirmed
0161994 Robert Charles Laidler v Commonwealth of VA 03/28/2000
TC err:insuff.evid.assault/No TC err: admit.test./jury instructio
0330993 Link L. Thompson v Commonwealth of Virginia 03/28/2000
TC error re: Thompson not lawfully adjudicated habitual offender
0622992 Milton J. Hodges v Commonwealth of Virginia 03/28/2000
Evidence sufficient to prove grand larceny (value of goods)
0669994 Kenneth R. Fox v Wendy R. Fox 03/28/2000
No TC error re: trial judge's imposition of non-part.sanctions
0769992 CW, DEQ, et al. v Resident Involved in Saving Envi 03/28/2000
We hold circuit court lacked jurisd.to award Residents atty fees
0872983 David Todd Underwood v Commonwealth of Virginia 03/28/2000
Appellant procedurally defaulted issues 1&2; argument rejected #3
0954984 Jack Clark Bestwick, II v Commonwealth of Virginia 03/28/2000
Evidence sufficient to prove obtaining money by false pretenses
1116992 Rodney Leon Wells v Commonwealth of Virginia 03/28/2000
NoTCerr:Wells didn't preserve evident.issue for appeal/evid. suff
1515991 Jamaryl Gilbert v Commonwealth of Virginia 03/28/2000
App.waived objection to juris.of TC by failing to raise objection
1660991 ARA Health Services and Old Republic Ins. v Flaz 03/28/2000
No WCCerr:cost of living bene/retro c-o-l bene./clm timely/laches
1851992 Snap Contracting Corporation, et al. v Eastwood 03/28/2000
No WCC err:rev.suspending temp.total disab.for fail.to mkt.wk.cap
1953984 Giles Braxton, s/k/a Giles E. Braxton v CW 03/28/2000
Evidence sufficient to prove statutory burglary and grand larceny
2097983 Pierre Auguste Renoir v Commonwealth of VA 03/28/2000
TC err:cunnilingus/anal sod./object sex.pene./other counts affirm
2202982 Stephanie Leigh-Anne Cull, s/k/a etc. v CW 03/28/2000
No TCerr:refusing jury instr.on duress/making video avail.to jury
2528992 Deborah Patterson v Nottoway Co. DSS 03/28/2000
Summarily affirmed
2826984 Ronald Eugene Walker v Commonwealth of Virginia 03/28/2000
NoTCerr:inst.jury re poss.st.gds/ref.instruct jury less.incl.off
2928993 Milton Earl Oakley v Yellow Freight Systems, Inc. 03/28/2000
Summarily affirmed
2965983 John Tyson v Commonwealth of Virginia 03/28/2000
No TC error re: TC had jurisdiction to adjudicate app.habit.offen
0075991 Mario Ballard, s/k/a Mario Maurice Ballard v CW 03/21/2000
No TC err:error in J&D Ct cured by indictment in circuit court
0156994 Marcus Stergiou v Frederick Co. DSS 03/21/2000
No TC error re: termination of residual parental rights
0200992 James Tyrone McCray v Commonwealth of Virginia 03/21/2000
Insufficient evid.to support McCray's conviction for poss.cocaine
0404994 Joseph Dale Bowler v Commonwealth of Virginia 03/21/2000
No TC error re: refusing self-def.instruction/evid.sufficient
0609993 Ted Michael Stallings, Jr. v Commonwealth of VA 03/21/2000
Evid.suff. to prove appellant intentionally struck police officer
0892994 Frederick S. Hird, Jr.v Margaret Jane Cryor Gaynor 03/21/2000
No TC err:issue re:interest resolved/precluded from revisiting
0932991 Victoria M. Frazier v James R. Frazier 03/21/2000
TC err:award lump sum sp.supp.in lieu of periodic sp.sup/remanded
1089992 Timothy Rome Baker, Jr. v Fredericksburg DSS 03/21/2000
No TC error re: termination of parental rights
1128984 William Eugene Jones, etc v Commonwealth of VA 03/21/2000
No TC err:record not suff. to prove appellant's claim of error
1144994 Maher Elgnawey v Northern VA Steel Corp., et al. 03/21/2000
No WCC err:no brain inj.resulting in disability/able to use legs
1276992 Ronald D. McCray v Commonwealth of Virginia 03/21/2000
TC err:revoking susp.sent.re:larceny/NoTCerr:revok poss. cocaine.
1716991 Newport News Shipbuilding, et al. v Queen Wiggins 03/21/2000
No WCC error re: clmt entitled to disability comp./no select.empl
1981994 Joyce Elizabeth Czajkowski v Kenneth Labowitz, Adm 03/21/2000
TC err:deed to husband and herself conveyed as tenant in common
2687993 Jerome P. Calloway, Sr. v Bedford Co. DSS 03/21/2000
Summarily affirmed
2693981 Carolyn Barnes v Commonwealth of Virginia 03/21/2000
Evid.suff.to support convict.for receiving stolen prop/comp.fraud
0217991 Matthew McHerrin v Commonwealth of Virginia 03/14/2000
Evidence sufficient to prove def. possessed the cocaine found
0363991 Wayne R. Marshall v Commonwealth of Virginia 03/14/2000
NoTCerr:TCinstr.re:transf.intent-Minott/Insuf.evid.for A.Brown
0524993 Somchith Xayapheth v Commonwealth of Virginia 03/14/2000
No TC err:properly advised of Miranda rights/confess.harmless err
0722991 James Thomas Curry v Commonwealth of Virginia 03/14/2000
Insuff. evid. to est.requisite value of property/i.d. defendant
0921992 Aramark Corp.& National Reliance Ins. v VA Terry 03/14/2000
WCC error re: Clmt failed to est.chg in cond./causal connection
1197994 Michael Fincham v Commonwealth of Virginia 03/14/2000
No TC err:admitting evid. def. may have committed other crimes
1338993 Uninsured Employer's Fund v Tony Allen Nichols 03/14/2000
NoWCCerr:denial of Fund's application for termination of benefits
2096982 Kenneth Jackson v Commonwealth of Virginia 03/14/2000
No TC error re: denial suppression motion: evid. in plain view
2225981 Harry Stephen Caprio v Commonwealth of Virginia 03/14/2000
NoTCerr:denial mtn for mistrial-strike juror/CW arg.ok/evid.suff.
2923982 Dennis Allen Bishop v Commonwealth of Virginia 03/14/2000
No TC err:Davis'out of court stmt qual.as except.to hearsay rule
0569991 Kelvin Watford v Commonwealth of Virginia 03/07/2000
NoTCerr:refusal to instruct jury on accommodation poss.of cocaine
0878991 Dennis W. Johnson v Commonwealth of Virginia 03/07/2000
No TC error re: denial of mtn to supporess evidence/no "seizure"
0909991 Eric Lin Harris v Commonwealth of Virginia 03/07/2000
CW suff.est.evid.received by "authorized agent" w/in 19.2-187-01
0917991 Lisa Beaton v VA Department of Social Services 03/07/2000
TCerr:Insuff.evid.DSS's determ."Inadequate Superv.-L.3" "Founded"
1006994 Alain Wampouille v Andrea B. Barnett 03/07/2000
Summarily affirmed
1081991 Mansur Rahnema v Shala Rahnema 03/07/2000
No TC error re: basing divorce on separation/post-marital agrmt
1117991 Barri L. Ferraro v Glenn Robert Ferraro 03/07/2000
No TC error re:granting divorce/spousal support/equit.dist.awards
1156991 Shahla Rahnema v Mansur Rahnema 03/07/2000
No TC err:marital agmnts unconscionable/no award of atty fees
1180991 Glenn Robert Ferraro v Barri L. Ferraro 03/07/2000
No TC error re: granting divorce/spousal support/equit.dist.award
1182991 Terrance Lester Kindred, Jr., s/k/a, etc. v CW 03/07/2000
Insuf.evid.to establish appellant constructively poss.'d cocaine
1385992 Paula Cook v Petersburg Dept of Social Services 03/07/2000
No TCerr:DSS found by clear&convincing evid.stat.req of 16.1-283
1490993 Daniel W. Page v Lynchburg Foundry Company,et al. 03/07/2000
No WCC error re:DC's appl. of imposition/Lumbermen's late filing
1748982 Valentina Djelebova v Commonwealth of Virginia 03/07/2000
No TC err:denial mtn to supp/jury instr.re:accessory after fact
2161994 Catherine D. Gibbs v James C. Gibbs 03/07/2000
Summarily affirmed
2350983 Christopher Lee Deaner v Commonwealth of Virginia 03/07/2000
TC's decision affirmed b/c Deaner failed to provide suff. record
2405983 Christopher R. Beach v Commonwealth of Virginia 03/07/2000
NoTCerr:found case rose no higher than acc.after fact/no jury ins
2712984 Ann M. Santos v Robert O. Santos 03/07/2000
No TC err:valuation of real property and civil service pension
2986984 Contee A. Harris v Commonwealth of Virginia 03/07/2000
No TC err:Harris waived objection by freely entering plea agrmt
0559994 Ray Milton Pennington, III v Town of Front Royal 02/29/2000
No TC err:cert.admissible\prior evid.no viol.due process\evid.suf
0895992 Safeway Stores, Inc. v Harold E. McGowan 02/29/2000
WCC err:lacked subject matter jurisd. to award medical benefits
0915991 Christopher Eugene Moore v Commonwealth of VA 02/29/2000
Evidence sufficient to prove intent to commit assault & battery
1192982 Stephen Harold Schrieberg v Commonwealth of VA 02/29/2000
No TCerr:app.acted w/int.to defraud and know.acct.had insuff.fund
1361993 The Est.of GeraldL.Cummings vP.Greenwood(Cummings) 02/29/2000
TCerr:award attys'fees\No TCerr:not deduct costs from equit.distr
1387991 CW, DSS,DCSE,ex rel.Lorene Bryant v Ernest Carlton 02/29/2000
TC erred in refusing to confirm registration;foreign order enforc
1419991 McArthur Tables v Commonwealth of Virginia 02/29/2000
Insuff.evid.to support conv.for poss.of cocaine w/intent to distr
1693993 Gary Dean Robinson v Joy Pok Park Robinson 02/29/2000
Summarily affirmed
1928981 Malcolm Larice Williams v Commonwealth of Virginia 02/29/2000
No TCerr:allow.test.of exper wit.\cross-exam\test.from def.witnes
2065993 Commonwealth of Virginia v George Winston Sage 02/29/2000
TC err:good faith excep.saves evid.from operation of exclus.rule
2196984 Patrick J. Sweeney v Commonwealth of Virginia 02/29/2000
No TC err:denial of suggestion for additional examination of jury
2332982 Kevin Dwayne Smith v Commonwealth of Virginia 02/29/2000
No TC err:admitted into evid.hospital records&Med.Exam.'s report
2517991 Cynthia Krohn v Mary Immaculate Hospital, et al. 02/29/2000
Summarily affirmed
2600982 Paul Woodrow Shifflett, Jr. v Commonwealth of VA 02/29/2000
B/C appell.didn't redact object.questions,No TC err:by jury instr
0090994 Victor Castillo v Commonwealth of Virginia 02/22/2000
TC error re: granting jury instruction re:obj.be proved to be FA
0577992 Stephen Wilson Paulette v Rugene Seaton Paulette 02/22/2000
TC err:Ct.erroneously relied on evid.provided by wife's accountan
1500992 A C M and St. Paul Guardian Ins. v Martinez 02/22/2000
Summarily affirmed
1792991 Calvin Cornell Ruffin, Sr. v Andreania Pace Ruffin 02/22/2000
Summarily affirmed
1804991 Andreania Pace Ruffin v Calvin Cornell Ruffin, Sr. 02/22/2000
Summarily affirmed
2962984 Robert Santora, s/k/a Robert J. Santora v CW 02/22/2000
No TC err:denial mtn to strike/CW's evid.of diff.date/prior threa
0563994 Commonwealth of Virginia v Richard John Beargie 02/15/2000
TC err:restoring driving priv.per46.2-355(iii)-1conv.for qual.off
0591993 Vicky Wolford White v City of Lynchburg 02/15/2000
TC error re: parking lot not "highway" per Code 46.2-100
0803993 Reginald David Vest v Commonwealth of Virginia 02/15/2000
Evidence sufficient to prove appellant constructively poss.pistol
0918993 Darrell E. Noell v Deborah H. Noell 02/15/2000
No TC err:marital property/2nd deed of trust/$30,000 note, etc.
1256982 Robert Tate Wescoat v Commonwealth of Virginia 02/15/2000
Evid.suff.to support conviction for attempted dist.of marijuana
1442994 Phillip A. Carper v National Wildlife Fed., et al. 02/15/2000
Summarily affirmed
1850992 Gary Stephen Sykes v Barbara E. Sykes 02/15/2000
Summarily affirmed
1890984 William Childress v Commonwealth of Virginia 02/15/2000
TC err:refusing to allow juror inquiry/den.of mtn to strike juror
1913992 Aubrie Lyn Marlowe v Chesterfield/Colon.Hts DSS 02/15/2000
Summarily affirmed
1915994 CW v George Ball, Jr., s/k/a George A. Ball, Jr. 02/15/2000
TCerr:appellee's 5th Amend.right to counsel viol.by cont.interrog
2272993 Marley Mouldings, Inc., et al. v Patricia McGhee 02/15/2000
Summarily affirmed
2378983 Grover F. Hostetter, Jr. v Commonwealth of VA 02/15/2000
No TC err:no viol.19.2-295.1/due proc-den.of right to be present
2386984 John Phillip Stoudt v Commonwealth of Virginia 02/15/2000
Insuff.evid.as matter of law to sustain convic.of forcible sodomy
2387984 John Phillip Stoudt v Commonwealth of Virginia 02/15/2000
Insuff.evid.as matter of law to sustain conv.for forcible sodomy
2402994 Annie E. Anderson v Union Camp Corporation, et al. 02/15/2000
Summarily affirmed
2506994 Marshall R. Braithwaite v Smalley Package Co.,etal 02/15/2000
Summarily affirmed
2588982 Paul F. Lee, Jr. v Commonwealth of Virginia 02/15/2000
No TCerr:waived objection to adm.of video box/admit.comp.video,et
2991983 Scott M. White, s/k/a Scott Matthew White v CW 02/15/2000
No TC err:denial mtn to supp./radar accurate/evid.suff.to convict
0687992 Glenda Marlene Kennedy Fisher v Walter Carl Fisher 02/08/2000
No TC err:sp.supp./equit.dist.marital.prop/reimb.insur.premium,et
1167994 Rhonda S. McLaughlin v Dean G. McLaughlin 02/08/2000
TC err:valuation of marital property on date of equit.dist.hearin
1173994 Gerald Paul Napert v Theresa Marie Napert 02/08/2000
No TC err:declaring void decree entered w/out wife's endorsement
1312992 City of Danville School Bd, et al. v Bonnie Watson 02/08/2000
Summarily affirmed
1411984 Kavon Atabaki v Commonwealth of Virginia 02/08/2000
No TC error re: Alford guilty plea/mtn to w\d/refusal to resent
1686982 Terrance Jones v Commonwealth of Virginia 02/08/2000
Evidence sufficient to support malicious wounding conviction
1779992 Wilbur Lafayette Thompson,III vRoberta F. Thompson 02/08/2000
Summarily affirmed
1801991 Stephen Santoro and Donna Santoro v Patsy Owens 02/08/2000
Summarily affirmed
1827992 Karen Marie King v Roy Lee King 02/08/2000
Summarily affirmed
1839994 Thomas Wilson v Alexandria Division of Social Svs 02/08/2000
No TC err:clear&conv.evid.to meet stat.req.for term.parental rts
1863991 Thomas Eckley v City of Virginia Beach DSS 02/08/2000
Summarily affirmed
1935993 Marilyn Shepherd-Carper v Roanoke City DSS 02/08/2000
TC err:mother's appeal doesn't properly place custody w/this Ct
1936992 Earl Fields v Hopewell DSS 02/08/2000
Summarily affirmed
1992991 Karen A. Pierangelino v William A. Pierangelino 02/08/2000
Summarily affirmed
2043992 Horner Lawn Service, Inc., et al. v Roy T.Compton 02/08/2000
Summarily affirmed
2108994 Washington Metropolitan Area Transit v Baker 02/08/2000
Summarily affirmed
2163993 Faraway Farms, Inc. and Erie Insurance Ex.v Dinges 02/08/2000
Summarily affirmed
2235992 Smithfield Foods, et al. v Charles Johnson, Jr. 02/08/2000
Summarily affirmed
2273993 Shirley P. Keesee v Wise County School Board, etal 02/08/2000
Summarily affirmed
2312981 Ceasar Lamont Clark v Commonwealth of Virginia 02/08/2000
No TC error re: admission of cert.analysis/mtn to strike evidence
2337994 Washington Metropolitan Area Transit v Cooper 02/08/2000
Summarily affirmed
2785982 Isham D. Davis v Commonwealth of Virginia 02/08/2000
TC err:failing to declare a mistrial in sentencing phase re:parol
2935982 Jesse Hutchings v Commonwealth of Virginia 02/08/2000
No TC err:waiver right to be present at trial&proceeding w/outhim
2960982 Robert Sylvester Davis, Jr. v Commonwealth of VA 02/08/2000
TC err:failing to declare a mistrial in sentencing phase re:parol
0176992 William Loyd Fetty v Commonwealth of Virginia 02/01/2000
No TC err:denial mtn for mistrial/evid.suff.to prove 2degree murd
2395982 Gary Lamont Thompson v Commonwealth of Virginia 02/01/2000
TC err:denial of motion to suppress evid.seized during car search
2895982 Jovarrai Blanding,s/k/a Jovarrai Uzel Blanding vCW 02/01/2000
No TC error re:denial of mtn to suppress drugs & related evidence
0182991 Zachariah L. Hancock v Commonwealth of Virginia 01/27/2000
No TC err:refusing to admit test.re:victim's character/evid.suff.
0472991 Louvenia Wooten vJohnathan O'N.Eley&Lillian Brown 01/27/2000
No TC error re:failing to consider evid. showing Eley to be unfit
0993992 Chewning & Wilmer Construction, et al. v Crump 01/27/2000
No WCC err:clmt not termin.for just cause required to cease benef
1012994 Fairfax Hospital and Inova Health, et al. v Post 01/27/2000
No WCC error re: clm not barred by statute of lim/casally related
1060991 David John Roebuck v Commonwealth of Virginia 01/27/2000
Evidence sufficient to support conviction of unlawful wounding
1145991 Edward H. Bender v The VA Marine Resources Comm. 01/27/2000
No TC error re:granting VMRC's mtn to dismiss/challenge of jurisd
1226992 Karen D. Mallory, et al. v William Tyler, UEF 01/27/2000
No WCC error: clmt left scope of employ./refusing to apply Alvis
1522982 Gary Stevens v Commonwealth of Virginia 01/27/2000
No TC error re: admitting cocaine into evidence/evid.suff.
1541982 David Cotton v Commonwealth of Virginia 01/27/2000
No TCerr:stop for more info reason/seize bag/PC to arrest/evid.su
1839982 Monte M. Perkins v Commonwealth of Virginia 01/27/2000
No TC err:no abuse in admitting video/no viol.right to confront
2202992 Schmidt Baking Company, et al. v Albert W. Edwards 01/27/2000
Summarily affirmed
2307982 Daniel A. Majette, s/k/a Daniel Andrew Majette vCW 01/27/2000
No TC err:admission of photos/gramt CW's mtn to amend indicments
2755984 Deborah A. Grow v David P. Grow 01/27/2000
No TC err:prop.settlement agree.not fraudulent/conscionable, etal
0835994 Otis Lee Weaver, Jr v Commonwealth of Virginia 01/18/2000
No TC error re: no instruction for jury to consider inadmis.evid.
1743991 Janet Gilbert Mezzy v Mark J. Mezzy 01/18/2000
Summarily affirmed
1857992 Steve M. Hayes v 4 E Corporation, et al 01/18/2000
Summarily affirmed
1887983 Timothy Wayne Abbott v Commonwealth of Virginia 01/18/2000
No TC err:admitting:test.victim's friend/tape recording/evid.FA
2023984 Norman Lynwood Haley v Commonwealth of Virginia 01/18/2000
Appeal dismissed-no trans/stmt of facts filed re:4/22/98-indispen
2266992 Donald James Johnson v County of Henrico Police,et 01/18/2000
Summarily affirmed
2985983 James Read Davis v Commonwealth of Virginia 01/18/2000
No TCerr:denial mtn to supp.evid.from warrantless search/evi.suff
0216994 Frank Castro, s/k/a Frank D. Castro v CW 01/11/2000
No TC err:judge didn't err in admitting results of breath test
0848991 Donald R. Wells v Chesapeake Redevelopment, et al 01/11/2000
No WCCerr:issue of timeliness of claims is res judicata\no reinst
1555981 Michael Scott Sanderson v Commonwealth of Virginia 01/11/2000
Evide.sufficient to sustain conviction for aggravated sex.battery
1806982 Antonio Francis Buck v Commonwealth of Virginia 01/11/2000
No TC error re: admitting evidence of other crimes and bad acts
2434982 Warren H. Brandon v Commonwealth of Virginia 01/11/2000
No TC error: permitted CW to pose leading questions/Evid.suff.
2568982 Jermaine Alfonzo Harris, s/k/a v Commonwealth 01/11/2000
TC err: refusing to grant request for mistrial for comments by CW
2898982 Southside Virginia Training Ctr./CW v Jones 01/11/2000
WCCerr:consider all relevant evid.to see if injury compensable
1342981 Catherine Rothwell, s/k/aCatherine C.Rothwell v CW 01/04/2000
No TCerr:no prob.cause app.incompetent/denial mtn for 2d.psy exam
1842981 Joseph Stanley Monteiro v Commonwealth of Virginia 01/04/2000
Evidence sufficient to prove assault
0187991 Antonio L. Wiggins v Commonwealth of Virginia 12/28/1999
No TC err:time after witness recovered from illness not chgd CW
0226992 Mary E. Jackson v Richmond DSS 12/28/1999
Evid.suff.to meet clear & convincing standard to term.paretal rts
0419992 John R. Zampolin v Mary Elizabeth Barnum 12/28/1999
No TC err:denial app.'s request to refer legal determ of estoppel
0648992 Harold Jackson v Richmond DSS 12/28/1999
Evid.suff.to meet clear&convincing standard for term.parental rts
0653992 Linda L. Hill v Travelodge and Selective Ins. Co 12/28/1999
No WCC err:clmt'sPTSD not aggravation of ordinary disease of life
1560992 Ronald C. Thompson v Petroleum Marketers, Inc., et 12/28/1999
Summarily affirmed
1630982 Jacob Coles Small v Commonwealth of Virginia 12/28/1999
TC error:denial of mtn to supp./no consensual entry/4th Amend.vio
1647992 John R. Zampolin v Mary Elizabeth Barnum Hicks 12/28/1999
Summarily affirmed
1685981 Amber K. Ruffin v Commonwealth of Virginia 12/28/1999
No TC error re: sentencing to prison/no violation of ADA of 1990
1800994 Ghebru Woldemichael v Nigist Asfaha 12/28/1999
Summarily affirmed
1833982 David Lee Jasper v Commonwealth of Virginia 12/28/1999
No TC error: def.not seized by police until arrested on prob.caus
1902982 Steven Lamonte Stanley, Jr., s/k/a, et al. v CW 12/28/1999
Evid.sufficient to support conviction for robbery (violence)
1963994 Mohammed S. Mubaidin v Holiday Inn Alexandria, et 12/28/1999
Summarily affirmed
1976983 Leroy Nathaniel Smith v Commonwealth of Virginia 12/28/1999
Evid.suff.to prove 5 burglaries, 2 grand larcenies & 3petit larc
2024992 Emmett Johnson Jafari v Crater Youth Care Comm.,et 12/28/1999
Summarily affirmed
2155981 Charles B. Richardson, IV v Commonwealth of VA 12/28/1999
Identif.evid.linking appell to crimes suff.to support convictions
2230981 Larry Becker v Commonwealth of Virginia 12/28/1999
No TC err:app.viol.Code 46.2-1139 as principal in comm.of offense
2375984 Jorge Roberto Aguilar v Commonwealth of Virginia 12/28/1999
TC error:viol.of confrontation clause occurred/error not harmless
2476984 Treva Nicole Terrell v Commonwealth of Virginia 12/28/1999
No TC err:conviction for distribution of cocaine (Code 18.2-248)
2608984 Gordon Arthur Schroeter v Alyce P. Schroeter 12/28/1999
No TC err:child cust.\child supp.\allocation marital debt\attyfee
2897981 Carl Mann v Commonwealth of Virginia 12/28/1999
No TC err:search of front pass.seat didn't exceed scope of Terry
0504993 Gaye Lynn Cline v Bobby Gordon Cline 12/21/1999
Summarily affirmed
0580993 Bobby Gordon Cline v Gaye Lynn Cline 12/21/1999
Summarily affirmed
1086982 Alonzo Lyndell White v Commonwealth of Virginia 12/21/1999
No TC err:no mistrial because of circumstances arose during trial
1947992 Federal Express Corporation v Connie T. Klyver 12/21/1999
Summarily affirmed
1993992 CVS Distribution Center/CVS Corp. v Deloris Battle 12/21/1999
Summarily affirmed
2078982 Leon Lorenzo Harris v Commonwealth of Virginia 12/21/1999
Insuff.evid.for habit.offender endanger.;reversed per 46.2-357B1
2695981 Robert Roundy v Commonwealth of Virginia 12/21/1999
Suff.evid.to prove constructively possessed cocaine found in shoe
2814983 Daniel Javan Hairston v Commonwealth of Virginia 12/21/1999
No TC err: out-of-court ID; evid.suff.to prove robbery, et al.
2829981 Clabon Terrell Steward v Commonwealth of Virginia 12/21/1999
Suff.evid.to support marital sexual battery, assault & battery
0116991 Joseph S. Kost v Roberta E. Kost 12/14/1999
No TC error re: various equitable distribution items
1031993 Royster Clark, Inc. and Legion Ins. Co. v Bays 12/14/1999
No WCC err:award benefits to clmt for injuries from auto accident
1432994 Christopher Foreman v Fairfax Co. Dept.Family Svcs 12/14/1999
Summarily affirmed
2008982 Gregory T.Colemans/k/a Gregory Tarique Coleman vCW 12/14/1999
Evid.suff.to prove beyond reas.doubt guilt of unlawful wounding
2812983 Arthur Lee Lewis v Commonwealth of Virginia 12/14/1999
No TC err:denial of motion to set aside verdicts& grant new trial
0031994 Charles Schultz v Clarence H. Carter, Comm., VDSS 12/07/1999
No TC err:applied proper stand.of review/evid.supports complaint
0416994 Robert A. Irwin v Contemporary Woodcrafts, etc. 12/07/1999
No WCC err:order employer provide vocational rehabilitation servs
0470993 Kenneth R. Wood v Kenneth R. Wood, Sole Prop., etc 12/07/1999
No WCC err:finding appellant employed by KRW Trucking not N&S Lin
1474991 Rhonda Murphy v Norfolk Division of Social Servs 12/07/1999
Summarily affirmed
1517992 Ronald W. Craft v Commercial Courier Express, etal 12/07/1999
Summarily affirmed
1658984 Patricia D. Hillsman v Commonwealth of Virginia 12/07/1999
Evidence sufficient to convict for two counts embezzling property
1679992 Gipson's Ltd.t/a The Boss Rest.v Kirk M. Prince,et 12/07/1999
Summarily affirmed
2337982 Riverview Farm Associates, et al. v CW, DEQ, etc. 12/07/1999
TC err:Code 62.1-44.29waived Board's sovereign immunity from suit
2477983 Damien Montez Mosley, s/k/a Damien M. Moseley v CW 12/07/1999
Evidence sufficient to support poss.cocaine w/intent, poss FA,etc
2724984 Nomi Taslitt v Craig E. O'Connor 12/07/1999
No TC err:no abuse discre.crediting husb.pers.income/no atty fee
2774983 Calvin Lee Miller v Commonwealth of Virginia 12/07/1999
No TC err:permitting CW to amend indict./Evid.suff.to prove conv.
1121992 Teresa Lewis v Fredericksburg Dept. of Social Svs 11/30/1999
Summarily affirmed
1282993 Cain Yates v Marie Yates 11/30/1999
Summarily affirmed
0928992 Heart Corporation, et al. v Thomas Myerchin 11/23/1999
Summarily affirmed
1360994 Robert Raphael Ambrogi, Jr. v Manpower, Inc., etal 11/23/1999
Summarily affirmed
1428991 Joyce Ann Myers v Anheuser Busch, Inc., et al. 11/23/1999
Summarily affirmed
1776982 Douglas Olgers v Commonwealth of Virginia 11/23/1999
TC failed to instruct jury on defense of entrapment
1841993 Janice Knight v Bedford County Department of S.S. 11/23/1999
Summarily affirmed
2336981 Terence L. Hill, s/k/a Terrence L. Hill v CW 11/23/1999
No TC err:overruling chain of custody re:GSR&testimony/evid.suff.
0129994 Randall Allan Martin v Susan Ann Martin 11/16/1999
Summarily affirmed
1232981 Bruce Alan Welch v Commonwealth of Virginia 11/16/1999
Evid.suff to prove convictions of burglary & discharging firearm
1257993 Anthony Carl Woodson v Bernadette E.B. Woodson 11/16/1999
Summarily affirmed
1344982 Dwayne Anthony Douglas v Commonwealth of Virginia 11/16/1999
No TC err:refusing requested instruction/sustaining CW's objectio
1505992 Allied Signal, Inc., et al. v Karin A. Persinger 11/16/1999
Summarily affirmed
1552993 New River Castings Company, et al. v James Maple 11/16/1999
Summarily affirmed
1735994 Joleane Dutzman v J. Douglas Wooddell, DDS, et al. 11/16/1999
Summarily affirmed
2313981 Phillip Ashby Mitchell v Commonwealth of Virginia 11/16/1999
No TC err:no abuse of discretion in revoking part of susp.sentenc
0109992 Earl R. Toombs, VA Forestry et al. v Raymond Smith 11/09/1999
No WCC error re: credible evid.to prove award of benefits
0771992 Bruce R. O'Brien v Shillest Clayton 11/09/1999
Summarily affirmed
1141984 Matthew James Morris v Commonwealth of Virginia 11/09/1999
No TC error re: appellant distributed Schedule IV subst.to minor
1178992 Bruce R. O'Brien v Shillest Clayton 11/09/1999
Summarily affirmed
1244991 Commonwealth of Virginia v Melvin Maurice Johnson 11/09/1999
TC err:Johnson know.&intell'ly waived Miranda rts/confession vol.
1516993 Janie E. Holman v Southwestern Virginia Mental, et 11/09/1999
Summarily affirmed
1930984 Ciro Antonio Ferrufino v Commonwealth of Virginia 11/09/1999
No TC err:lawful arrest/admit.cert.of analysis/denial mtn to strk
1983981 Tushundi Omar Jonathan v Commonwealth of Virginia 11/09/1999
No TC error re: plea agrmt/no abuse of discretion re:sentence
2066983 Patricia A. Hutchings, s/k/a v Commonwealth of VA 11/09/1999
Evid.sufficient to prove defendant knowingly presented forged ck
2179991 Ned N. Cary, Jr. v Anheuser-Busch, Inc., et al. 11/09/1999
Summarily affirmed
2281981 Kodi F. McCollum, s/k/a Kodi McCullum v CW 11/09/1999
Evidence sufficient to support convictions (att.robbery, et al.)
2331981 Wilbur Lee Wallace v Commonwealth of Virginia 11/09/1999
Evid.competent, not incredible & sufficient to prove offenses
2447983 Kevin Wayne Killingsworth v Commonwealth of VA 11/09/1999
Evid.suff.to prove driving under influence/no err:deny mtn to stk
0304992 Linda Bivins v New Kent County D.S.S. 11/02/1999
No TC error re:termination of parental rights/clear&conv.evidence
1240991 June Dyer Mumford v Vaughn W. Mumford, Jr. 11/02/1999
Summarily affirmed
1554991 Lanny Lee Midkiff, Jr. v Hampton Rds Sanitation,et 11/02/1999
Summarily affirmed
1608983 Donald Glenn Bernard v Commonwealth of Virginia 11/02/1999
TC didn't abuse discretion in refusing the motion for new trial
2216983 Joseph Tyrone Evans, Jr. v Commonwealth of VA 11/02/1999
Evidence sufficient to support robbery conviction
2933984 Maria Emigdia Turpin v Fairfax County School Bd. 11/02/1999
No WCC err:denial app.to chg drs/failure to strike legal argument
0850992 Melvin F. Morris v Judith Healy Morris 10/26/1999
Summarily affirmed
1058993 Lois Evone Cherry Hash v Campbell Co. DSS 10/26/1999
Summarily affirmed
1185992 Thomas Stokes Grymes, Jr. v Robin L. Grymes 10/26/1999
Summarily affirmed
1294993 Danville Regional Medical Center, et al. v Pearce 10/26/1999
Summarily affirmed
1321982 Kelvin L. Pleasants, a/k/a, et al. v CW 10/26/1999
No TC error re: denial of motion to suppress/affirm convictions
1390993 Doris Patricia Cote v Western State Hospital, etal 10/26/1999
Summarily affirmed
2100983 David Andrew Lawhorn v Commonwealth of Virginia 10/26/1999
Evidence suff. to prove venue in Augusta County for poss of FA
2274983 Michael Ray Short v Commonwealth of Virginia 10/26/1999
TC err: sentencing order restitution to only truck owner
2441984 Russell D. Clay v Winchester Sheriff's Office, etc 10/26/1999
No TC err:clmt failed to prove he sustained inj.by acc.in employ
2625982 John E. Fitzgerald v Vicki L. Fitzgerald 10/26/1999
TC failed to consider current circum.when considering husb.motion
2790981 Roberta K. Godwin v Forrest Dean Godwin 10/26/1999
No TC err:grant/ground divorce\TCerr:omitted sp.supp.pymts\sp.sup
0036992 Heritage Hall Blackstone, et al. v Henley 10/19/1999
No WCC err:clmt proved cerv.disc & surgery related to inj.by acc.
0749992 Lloyd H. Williams v CW, VA DSS, DCSE, Diane Wilson 10/19/1999
Summarily affirmed
1004992 Patricia S. Willis v Joseph P. Spinner, Jr. 10/19/1999
Summarily affirmed
1285981 Nathaniel Dennis v Commonwealth of Virginia 10/19/1999
Because doub.jeop.issue not presented to TC, not consid.on appeal
1329993 Volvo Cars of North America, et al. v A. Altizer 10/19/1999
Summarily affirmed
1433992 Patricia McDaniel Wise v Bonfeld, Inc., et al. 10/19/1999
Summarily affirmed
1490984 John James Varga v Commonwealth of Virginia 10/19/1999
No TC error:denial of mtn to quash indictment/mtn to strike
1653981 Van Prince Welch v Commonwealth of Virginia 10/19/1999
Evid.suff.to support guilt for unlaw.wound.didn't preserve issue
1699981 Billy Deangelo Williams v Commonwealth of Virginia 10/19/1999
Evidence sufficient to support conviction of robbery
1800982 Patrick Frank Bryan v Highway Carriers, et al 10/19/1999
Summarily affirmed
2335983 Richard Irvin Huddleston v Commonwealth of VA 10/19/1999
Evid.insuff.to prove intention to perm.deprive owner of property
2708984 Shirley Malave v FairfaxCo.Dept.of Family Services 10/19/1999
No TCerr:no contact w/child/failed to remedy problems/cond.no chg
2958982 Derrick O. Ramsey v Commonwealth of Virginia 10/19/1999
Insufficient evidence to prove distr.cocaine/poss.w/intent to dis
3010984 Fairfax County School Board v Sally Ann Presti 10/19/1999
No WCC err:evid.to support WCC's determ./correct burden on employ
2021982 Gerald Ellis McWilliams v Commonwealth of Virginia 10/12/1999
Evidence insuff. to support conviction of grand larceny of auto.
2540982 Maurice Donnell Taylor v Commonwealth of Virginia 10/12/1999
No TC err:denial mtn to supp.evid.app.contends from unlaw.arrest
0131983 Warren Lee Broggin, Jr. v Commonwealth of Virginia 10/05/1999
No TC err: admission of hearsay evidence/evid. sufficient to conv
0830993 Donna Faye Smith v Roanoke City D.S.S. 10/05/1999
Evid.suff.to support term.parental rights/children's best interes
0865991 James D. Strickland, Jr. v Paula J. Strickland 10/05/1999
Summarily affirmed
0943982 Kirk Chambers, a/k/a Kirk Lamont Chambers v CW 10/05/1999
Evid.suff. to prove guilt of robbery and use of FA in commission
1125993 William Frezell Crawford v Virginia Electric&Power 10/05/1999
Summarily affirmed
1213993 Berry Enterprises, Inc., et al. v Rodney A.Johnson 10/05/1999
Summarily affirmed
1290991 Checkered Flag Motor Car Company, et al.v Chettiar 10/05/1999
Summarily affirmed
1527993 Wendell W. Terry v Franklin Co. D.S.S. 10/05/1999
Clear/convincing evid.suff.to satisfy Code 16.1-283(term.par.rts)
1590983 Robert Michael Morgan v Commonwealth of Virginia 10/05/1999
No TC err:not giving supp.instruction re maim/disable/evid.suff
1723982 Sandra C. Long v George Maurice Long, III 10/05/1999
No TC err:atty fees/TC err:supp.retirement funds& marital estate
1778983 David Allen Haynes v Commonwealth of Virginia 10/05/1999
Evid.suff.to prove sexual battery and attempted rape/no doub.jeop
1997983 Jacob Jackson Felts v Commonwealth of Virginia 10/05/1999
No TC error: refusing to suppress analysis cert. & results of BAA
2569984 Charles Wingate v Assett Protection Team, et al. 10/05/1999
Summarily affirmed
2691983 Tasha Moneke Harvey, et al. v Lynchburg D.S.S. 10/05/1999
Evidence suff.to prove term.of parental rights per Code 16.1-283B
1595982 James Napoleon Cassell v Commonwealth of Virginia 09/28/1999
Evid.suff. to support conviction for grand larceny (reckless)
1607983 Robert Bruce Hamm v City of Norton 09/28/1999
No TCerr:officer authorized under Code Sec.19.2-77 to make arrest
1643983 Ronnie James Goode v Commonwealth of Virginia 09/28/1999
Search incident lawful b/c officer had probable cause to arrest
1822983 Keith M. Neale v Commonwealth of Virginia 09/28/1999
No TC err:allow.expert to offer opinion on ultimate issue of fact
2048984 Vagharshak A. Vartanian v Advantage Auto Stores,et 09/28/1999
Summarily affirmed
2062983 Douglas Tyrone Oulds v Commonwealth of Virginia 09/28/1999
NoTCerr:CWproved City adopted ordin.author.police to work offduty
2116983 Albert Lewis Fowler, III v Commonwealth of VA 09/28/1999
App.didn't properly preserve argument under Rule 5:18, conv.affir
2161982 Floyd Martin Lane, s/k/a Floyd M. Lane, Sr. v CW 09/28/1999
No TCerr:admit.test.of expert re:recantation/mental health counse
0560993 Albert Johnson v Brenda Johnson 09/21/1999
Summarily affirmed
0959992 Mary Washington Health Center, et al v Iris Jones 09/21/1999
Summarily affirmed
1156981 Robert Greg Williams, Jr. v Commonwealth of VA 09/21/1999
Evid.suff to prove conv.s/No TC err: denial mtn to strike evid.
1920982 Larry Ragland Briggs v Commonwealth of Virginia 09/21/1999
No TC err:denial mtn to supp evid./No viol.4th Amendment rights
2004982 Jerry Lee Willson v Commonwealth of Virginia 09/21/1999
Insufficient evidence proving specific intent to commit murder
2638982 David Edward Pollard v Commonwealth of Virginia 09/21/1999
No TC err: denying appellant's mtn to suppress cert.of analysis
0700991 Kim Branch Harris v VA Beach General Hosp., et al. 09/14/1999
Summarily affirmed
0995993 Carol Huffman v Carilion Rke Memorial Hosp., et al 09/14/1999
Summarily affirmed
1056992 William S. Henderson v VEC and County of Henrico 09/14/1999
Summarily affirmed
1064993 City of Buena Vista Public Works, et al.v Southers 09/14/1999
Summarily affirmed
1066992 Commonwealth of Virginia v Stanley Ray Parham 09/14/1999
TC error: ruling erroneous stop illegal/No viol. 4th Amendment
1224992 Harvey Scott v Peninsula Airport Commission 09/14/1999
Summarily affirmed
1966982 Bradford Ramey Ingram v Melissa Zurun Ingram 09/14/1999
Summarily affirmed
0459993 Linda Dixon v Woodtech, Inc.and Reliance Ins.Co. 09/07/1999
Summarily affirmed
0554993 Richard B.Schoonover v Petula Lee Green Schoonover 09/07/1999
Summarily affirmed
0634991 John Clifton Stacey v Deborah S. M. Stacey 09/07/1999
Summarily affirmed
0682991 Portsmouth General Hospital, et al. v Tammy Dobbs 09/07/1999
Summarily affirmed
0839993 Terri Lee Robinson v Olan Mills and Zurich Ins.Co. 09/07/1999
Summarily affirmed
1437983 Clarence H. Carter, Commissioner,et al. v Crabtree 09/07/1999
TC error re: trial court didn't have jurisdiction to hear appeal
1866984 Prince William County School Board v Fogarty 08/31/1999
No WCC err:clmt proved injury by accident arising out of employ.
2591983 Judy M. Underwood v Stephen L. Angle 08/31/1999
No TC err:wife's credit equity in house/TCerr:husb.stock separate
0661991 Commonwealth of Virginia v Anthony Lap Brown 08/19/1999
B/c def.not seized&consented to search,evid.should not be exclude
1233984 Alfred Dearing v Commonwealth of Virginia 08/17/1999
No TC err:codef.stmt.to police not viol.6th Amend.,hearsay rule
2034981 James C. Hirsch v Commonwealth of Virginia 08/17/1999
Evid.suff.to convict/tc permit.pol.off.to state opi on fact issue
2215981 Talmadge D. Baxter, Jr. v Sandra Payne Baxter 08/17/1999
No TC error re: failure to order retroactive support to Aug.1997
2241982 Henrico County Sheriff's Office v Paul T. McQuay 08/17/1999
Henrico failed to rebut stat.presump.by excluding stress as facto
2844981 Basic Construction Company, et al. v Hamilton 08/17/1999
No WCC err:awarded bene.after DC denied/clm not barred/inj.by acc
0278991 Jerry Gilbert Dodson v Newport News Shipbuiling,et 08/10/1999
WCC err: Finding empl'er prop.took credit for pymts under LHWCA
0352993 Lloyd Raymond Whetzel v Waste Management of VA, et 08/10/1999
No WCC err: chg-in-cond.application time barred to Code 65.2-708
0581992 Theodore R. Faircloth v Carolyn H. Faircloth 08/10/1999
Summarily affirmed
0697991 Dawn White Legat v David Bruce Legat 08/10/1999
Summarily affirmed
0707992 Willard Y. Jefferies v Richfood Holdings, Inc. 08/10/1999
Summarily affirmed
1375982 Commonwealth of Virginia v Curtis Eugene Johnson 08/10/1999
TC err: Not eligible for license restoration under 46.2-361
1694981 John G. Crandley v Commonwealth of Virginia 08/10/1999
Evidence suff. to support convictions for contempt per 18.2-456
1897981 Antwan D. Person v Commonwealth of Virginia 08/10/1999
Insuff.evidence to support convictions for break&entering/larceny
2124981 Bram Patrick Daggs v Commonwealth of Virginia 08/10/1999
No TC err:deny mtn for cont.for new counsel/evid.suf.for robbery
0071993 Goodyear Tire & Rubber Co et al v Ronald Wood 08/03/1999
no err in finding claimant suffered a compensable injury by acci
0086991 Newport News Shipbuilding etc v Steven J. Lawrence 08/03/1999
no err in awarding claimant total disability benefits
0318992 Commonwealth of Virginia v Jacky Ray Lane 08/03/1999
t/c err in supp of evid of warrantless entry
0558981 Ricky Arnez Christian v Commonwealth of Virginia 08/03/1999
no t/c err of supp of evid or evid insuff to est requisite intent
1189982 Jason Alan Mason v Commonwealth of Virginia 08/03/1999
no t/c err of insuf evid to sup obst of just or t/c deny mot strk
1603981 William Anthony Booker v Commonwealth of Virginia 08/03/1999
no t/c err in denial of mot to restrict/admit heresay/suff of evi
1617982 Abraham Felder v Commonwealth of Virginia 08/03/1999
no t/c err in supp video stm/indic stat dates of offen/suff evid
1620982 Comprehensive Services Act Office, etc v J. M. 08/03/1999
t/c err in erron denial of de novo and acted w/o juris/improp ord
1968984 Landon T. A. Summers v Marcia L. B. Summers 08/03/1999
Summarily affirmed
2427972 Rodney T. Clark v Commonwealth of Virginia 08/03/1999
no t/c err in refusing to rev conv/fail to appt exprt/grant cont
1714984 Stephen Glen McCord v Karen Sue McCord 07/27/1999
no t/c err in award of spousal support
2092984 Joe Gaines Foreman v Kristie K. Ketchum 07/27/1999
no t/c err except ira acct, reverse & remand for reconsideration
2753982 City of Martinsville etc. v Timothy Scott Turner 07/27/1999
no err wcc ruling on reas.& author. treat., did not ref treatment
2975981 Newell E. Whitehead, Jr. v City of Portsmouth FD 07/27/1999
no err in wcc's decision of re stat. presumption code 65.2-402(c)
0357982 Israel Musa Shaw v Commonwealth of Virginia 07/20/1999
TC err:refusal to grant mtn for mistrial\No TC err:caution.instru
0418991 Commonwealth of Virginia v. Scott Hunter Horton 07/20/1999
CW contends search lawful because was incident to arrest of occup
0467994 Commonwealth of Virginia v Carlos F. Martinez 07/20/1999
No TC error: granting motion to dismiss evid.from entry into home
0533994 Aiahun Semere v R.H. Macy & Company, et al 07/20/1999
Summarily affirmed
0579992 Billy Norton/Norton's Marina, Inc. et al. v Gill 07/20/1999
Summarily affirmed
0612993 Harman Ceiling and Partitioning Co., et al. v Lusk 07/20/1999
Summarily affirmed
0864984 James D. Morton v Commonwealth of Virginia 07/20/1999
Evid.suff.to prove intent to cheat or defraud w/in Code 18.2-188
0868993 Ronlyn L.B.H. Eaton v DSS for County of Bedford 07/20/1999
Summarily affirmed
1251984 Bobby Dean Ritchie v Commonwealth of Virginia 07/20/1999
No TC err: sustaining strike of only African-American venireman
1308984 Richard N. Smull v Karen W. Smull 07/20/1999
No TC err:prove no jobs avail.in field/award wife costs&atty fees
1531981 Z. Curtis Wieters v Linda G. Wieters 07/20/1999
No TC error re: denial of motion to reduce spousal support
1938981 Nadine Adams v Commonwealth of Virginia 07/20/1999
Nothing in record indicates TC violated 5th & 14th Amendments
2347982 Rodney Emil Deane v Regenia Lynn Deane 07/20/1999
No TC err:judge's rulings/Remand to correct modific.of sp.support
2871972 Irvin E. Coleman v Commonwealth of Virginia 07/20/1999
No TC err:conv.s not barred by const.protections for doub.jeopard
0502984 Johnny Lamar Gates v Commonwealth of Virginia 07/13/1999
CW didn't prove def.possessed device w/ability to expel projectil
1007981 Clifton S. Longshore, Jr. v Commonwealth of VA 07/13/1999
Prelim.hearing test.admiss.under prior test.exce/no 6th Amend vio
1477982 Michael Simms, s/k/a Michael Kenneth Simms v CW 07/13/1999
No TC error re: denying defendant's motion to suppress
1793973 Enrique Andres Silberblatt v Lori Ann Silberblatt 07/13/1999
Upon Rehearing En Banc, TC erred in classifying marital property
2202972 Samuel H. Kingrey, III v Commonwealth of Virginia 07/13/1999
Evid.suff.to prove def.possessed concealed weapon as conv.felon
0451991 Commonwealth of Virginia v Joseph Lee Dolmovich 07/06/1999
TC error re: court utilized wrong test in suppressing evidence
0787984 Joseph Reed Brown v Commonwealth of Virginia 07/06/1999
TC error re: relibility of equipment not proved
0908982 Janice Marie Rodgers v Bradley M. Roders, M.D. 07/06/1999
No TC err:undrawn earnings as hedge against future market variat.
0949982 Bradley Moreland Rodgers, M.D. v Jance M. Rodgers 07/06/1999
No TC err:undrawn earnings as hedge against future market variati
1354984 Lonnie Jerome Gaines, III v Commonwealth of VA 07/06/1999
TC err:no evid.to prove false pretenses induced employee to pay
0005993 Tazewell County Sheriff's Office, et al. v Owens 06/29/1999
No WCC error re: employer didn't rebut heart disease occupational
0076984 Andre Vashawn Carter, a/k/a Dre v Commonwealth 06/29/1999
No TC err: denying mtn to quash/admit.evid. re: bad acts/mtn dism
0328994 Commonwealth of Virginia v Tomika D. White 06/29/1999
TC err: Found officer's action not w/in scope of consent
0465984 Michael Thompson v Commonwealth of Virginia 06/29/1999
No TC err:admit.Def.Statement/refus.exhibits F-I/evid.suff.to con
0589982 Sharon Lynne Bottoms v Pamela Kay Bottoms 06/29/1999
No TC err:visitation rights/educational development/family counse
0766983 Donald Nixon Cline v Sharon Elizabeth Cline 06/29/1999
TC err:no reservation of future sp.supp./affirm all other portion
0852982 Edward Wayne Beverly v Commonwealth of Virginia 06/29/1999
No TC err:admit DNA/not admit.blood typing/no expert/admit atlas
0962981 Jason Leon Diedrich v Commonwealth of Virginia 06/29/1999
TC error:collateral source rule precluded relief from sent. order
1096982 Bethany Jane McBeth v Commonwealth of Virginia 06/29/1999
Insufficient evidence to convict for child neglect
1316983 Dennis (NMN) Graves v Commonwealth of Virginia 06/29/1999
No TC err:ref.mtn to supp.(self-incrim-5th Am)/admtDMV trans(H.O.
1374982 William John Bartz, Jr. v Commonwealth of Virginia 06/29/1999
Hearsay test.not incred/TC no prohib.wit.test.re:rep./admit evid.
1455981 Elliott Jerome Hawthorne v Commonwealth of VA 06/29/1999
No TC err:overruled Batson chall/concert of action inst/self-def
1616982 Greer Hinton v Commonwealth of Virginia 06/29/1999
Insuff.evid.to prove possessed more than 1/2 ounce marji/int.dist
1730984 Calvary Memorial Park, Inc., etc.v VEC & Francone 06/29/1999
No TC error:VEC's ruling Francone not terminated for misconduct
1851982 Dana Michele Copeland, s/k/a, etc. v Commonwealth 06/29/1999
Commonwealth failed to establish county proper venue for prosecut
1856983 Mark Anthony Maxey v Commonwealth of Virginia 06/29/1999
Evid.suff.to prove intent/no require.proof def.knew prescr.forged
2275981 Alvarez E. Gonzalez v Commonwealth of Virginia 06/29/1999
No TC err:judicial notice of birth date/no preservation of issue
2659983 Cecil J. Childers v Patricia Peverall Childers 06/29/1999
No TC err:agrmt.unenforc./grant div.post-sep.adult/mar.prop/sp.su
2863982 R.S.Jones and Associates, et al. v Timmy D. Dean 06/29/1999
Summarily affirmed
0019993 Michael Ray Manes v TCB Construction, et al. 06/22/1999
Summarily affirmed
0096984 Maurice Johnson v Commonwealth of Virginia 06/22/1999
No err:not allowing def.to impeach victim re:stmts in prelim.hrg
0171994 AT&T Corporation, et al. v Maria A. Lewis-Thomas 06/22/1999
Summarily affirmed
0348984 Joseph Johnson, Jr. v Commonwealth of Virginia 06/22/1999
No TC err:admitting copy of order(orig.lost)/Feb.1997 order void
0401992 John R. Hamer v Renate M. Hamer 06/22/1999
Summarily affirmed
0732984 Knut Fredriksen, s/k/a Knut E. Fredriksen v CW 06/22/1999
Evid.suff. to prove def. impeded officer in performance of duties
0777994 Sulta N. McElroy v. Donald H. McElroy 06/22/1999
Summarily affirmed
0978984 Terry Jansen Forney v Commonwealth of Virginia 06/22/1999
No TC err:admit.evid.re: Forney's prior conv.(H.O.)/evid.suff.
1140982 Kirk Lee Loney v Commonwealth of Virginia 06/22/1999
TC correct in denying motion to suppress/properly admitted cocain
1159981 George McLean, Jr. v Commonwealth of Virginia 06/22/1999
Evid.suff.to prove possess.FA while selling alcoholic beverages
1170984 Richard Arnold Lee v Commonwealth of Virginia 06/22/1999
Evidence sufficient to prove intention to use credit cards
1532981 Kirk Lee Loney v Commonwealth of Virginia 06/22/1999
Prob.cause to arrest for marij.poss./disc cocaine no viol 4th Ame
2289984 Jose A. Juarez v C. Woolfrey Construction, et al. 06/22/1999
No WCC err:review process/evid.to supp.decision to deny benefits
2649982 Robert S. Coleman, Jr. v Frances I. Coleman 06/22/1999
Summarily affirmed
2674984 Robert William L. Hutchins v Rosana L. Carrillo 06/22/1999
Summarily affirmed
2711983 Sherri A. Artrip v Virginia Retirement System 06/22/1999
Summarily affirmed
2752983 Ruth C. Dale v Virginia Retirement System 06/22/1999
Summarily affirmed
2756983 Lacy Potter-Meadows v Virginia Retirement System 06/22/1999
Summarily affirmed
2757983 Barbara C. McClanahan v Virginia Retirement System 06/22/1999
Summarily affirmed
2840971 Kedra Lanae Harris v Commonwealth of Virginia 06/22/1999
Insuff.evid.to prove Harris poss.cocaine w/intent to dist/consp.
2901984 Kenneth Peters, Jr. v James and Detra Hagerman 06/22/1999
Summarily affirmed
2937984 D. Ramesh Chander v Darlene Ann (Jones) Chander 06/22/1999
Summarily affirmed
0087991 B&R Contractors, Inc., et al. v Wethington 06/15/1999
Summarily affirmed
0106991 Melvin K. Blacken v Newport News Shipbuilding, et 06/15/1999
Summarily affirmed
0201993 Carolyn J. Patrick v Tenneco Packaging, et al. 06/15/1999
Summarily affirmed
0368991 Tidewater Mechanical Contractors, et al. v Thomas 06/15/1999
Summarily affirmed
0695983 Kenneth Edward Brown v Commonwealth of Virginia 06/15/1999
Evid.suff.to support convict/No TC err:question wit.re:prior stmt
1200982 Gary Lamont Walker v Commonwealth of Virginia 06/15/1999
No TC err:conviction of 2nd deg.murder/use FA; remand re:order
1377984 Richard David Fishback v Commonwealth of Virginia 06/15/1999
No TC error re: abduct.3people/use FA/refu.instr./identifications
1593984 Quality Inn Executive, et al. v Zoila L. Umana 06/15/1999
No WCC error re: cervical disc cond.related to 1995 inj.by acc.
2186984 Jeffrey M. Edmonds v Linda M Edmonds 06/15/1999
Summarily affirmed
2502982 Elton Lee Miller, Jr. v Daphyne Lynn Miller 06/15/1999
Summarily affirmed
2527984 William Alberger v Joyce Lee Alberger 06/15/1999
Summarily affirmed
2616984 Jack J. Jenkins v Nancy Ann Whitehead Jenkins 06/15/1999
Summarily affirmed
2759984 Landon T. A. Summers v Marcia Lee Brown Summers 06/15/1999
Summarily affirmed
2802972 Eric Lee Dobson, a/k/a David Lee Brown v CW 06/15/1999
Grand larceny charge free of error/reverse obstruc.justice charge
2932982 Carolyn Anne Cossu v Patrice Cossu 06/15/1999
Summarily affirmed
2976981 Jon Cox v Virginia Power and VEPCO 06/15/1999
Summarily affirmed
0159982 Tony Lamont Harris v Commonwealth of Virginia 06/08/1999
Evidence sufficient to prove existence of conspiracey
0219994 David Birmingham, Jr. v Century Concrete, et al. 06/08/1999
Summarily affirmed
0267994 Harman Mining Corporation, et al. v Thacker 06/08/1999
Summarily affirmed
0567981 Michael Andrea Jones v Commonwealth of Virginia 06/08/1999
No TC error re: deny mtn to dismiss/refusing to dismiss chges
0657982 Andrew K. Waller v Commonwealth of Virginia 06/08/1999
No TC error re: circuit court had jurisidiction to try crim.chgs
1286981 Michael Wilkerson v Commonwealth of Virginia 06/08/1999
Evidence sufficient to prove convictions for petit larceny, 3rd
1287981 Michael Wilkerson v Commonwealth of Virginia 06/08/1999
No TC error re: defendant didn't preserve argument on appeal
1594983 Sandy Jean Roberts v Commonwealth of Virginia 06/08/1999
Evidence suffcicient to prove def.committed willful act or omiss.
1913983 Steve Hall, Cheri Hall, et al. vJennifer Dandeueau 06/08/1999
Summarily affirmed
2167983 Andrew Hurren v Jessie O. Epperson 06/08/1999
TC applied incorrect standard re: custody dispute/Case remanded
2198984 Nancy Breckenridge v Charles T. Breckenridge 06/08/1999
Summarily affirmed
2467983 Steve Hall, Cheri Hall, et al. vJennifer Dandeneau 06/08/1999
Summarily affirmed
2576981 Barbara Faye Cox v William Cox 06/08/1999
Summarily affirmed
2584981 Betty M. Gomez v Ira Kenny Hill 06/08/1999
Summarily affirmed
2589981 William Cox v Barbara Faye Cox 06/08/1999
Summarily affirmed
3011984 Dorah Maeda Ogolo v Pie Gourmet Ltd., et al. 06/08/1999
Summarily affirmed
0065991 Bonnie S. Pate v Dollar Tree Stores, et al. 06/01/1999
Summarily affirmed
0702982 Byron K. Hughes, s/k/a Bryan K. Hughes v CW 06/01/1999
No TC err:deny mtn to suppress evid.as result of unlawful search
0895981 William Bell Lillibridge v City of Newport News 06/01/1999
Evid.sufficient to prove def.guilty of following too closely
0945983 Boris Prezechowski, s/k/a Boris Przechowski v CW 06/01/1999
No TC err:refusing request for trial by jury/discovery requests
1462981 Charles R. Tuck, Jr. v Mary J. Sesny 06/01/1999
TC err: support oblig.& accured arrearage/No TC err: med.expenses
1537983 Jose Augustine Delarocha v Commonwealth 06/01/1999
No TC error re: ref.to suppress evid.re: Miranda rights at scene
1660983 William St. John Maggi v Commonwealth of Virginia 06/01/1999
No TC err:intent to temporarily deprive owner of use of vehicle
1943981 Liz's Blue Diamond, et al. v Joseph Rico 06/01/1999
No WCC err:employer didn't prove Rico's disability unrel to job
2219983 Stefan Omar Slater v Commonwealth of Virginia 06/01/1999
Evidence sufficient to support the "taking" element of robbery
3004984 Abex Friction Products Company, et al. v Butcher 06/01/1999
Summarily affirmed
2626981 Commonwealth of Virginia v Mark Edward Reynolds 05/28/1999
No TC err:traffic stop was unreasonable seizure/viol. 4th Amend.
0527984 Lawrence P. Medici v Commonwealth of Virginia 05/25/1999
No TC err:intro evid./deny mtn to dismiss/no strike venirpersons
0824981 Regina Lea Frank v Commonwealth of Virginia 05/25/1999
Evid.suff.to convict.for 2nd deg.murder/No TC err: mtn to suppres
1227982 William Sessoms v Barbara Elizabeth Myer 05/25/1999
No TC error re: physical custody/child & spousal supp./atty fees
0264984 Al Baace Abdulla Al-Ghani v Commonwealth 05/18/1999
No TC err:evid.not presented/evid.suff.conv/no entrap/deny mtn
0613981 Berace Ricardo Bennett, Jr. v Commonwealth 05/18/1999
Evidence sufficient to support shots defendant fired were fatal
0996982 James Marlon Winn, IV v Commonwealth of Virginia 05/18/1999
TC error re: setting cash appeal bond for indigent defendant
1296981 Corom Morrisett v Commonwealth of Virginia 05/18/1999
Evid.suff.to supp.robbery&use FA/No TC err:appear.in prison cloth
1322982 Gregory Alan Ransom v Tina Chang Ransom 05/18/1999
TC err: no notice to husband re:hearing and present. final decree
1433981 Devita Latoria Jones v Commonwealth of Virginia 05/18/1999
No TC error re:no violation 5th Amend/allowing witness to testify
1445982 Arthur J. Lehner v Mary E.H. Saunders Lehner 05/18/1999
Summarily affirmed
1483982 Alan Richard Stewart v Phylla Jean Stewart 05/18/1999
Summarily affirmed
1611982 Hudson Venetian Blind Service, Inc.et al. v Hudson 05/18/1999
Summarily affirmed
2410981 Newport News Shipbuilding and Dry Dock v Fawcett 05/18/1999
Summarily affirmed
2746984 Ruth Liddell v INOVA Fairfax Hospital, et al. 05/18/1999
Summarily affirmed
2842982 Mike A. Sharp v Agglite of Virginia, et al. 05/18/1999
Summarily affirmed
0842981 Kaliek Lamont Suber v Commonwealth of Virginia 05/11/1999
Evid.est.beyond reasonable doubt he had dominion&control over sub
1546981 Anthony Seaborne v Commonwealth of Virginia 05/11/1999
Evidence sufficient to prove intent to defraud
2139984 Lear Corporation Winchester, et al. v A. McFarland 05/11/1999
No WCC error re: claimant's injury rose out of employment
0679984 Ezzat M. Zein v Nora Zein Burgan 05/04/1999
Summarily affirmed
0720984 Nora H. Burgan v Ezzat Zein 05/04/1999
Summarily affirmed
1041982 Francis C. Bloxton, Jr. v Wendy H. Bloxton 05/04/1999
TC error:marital share of pension plan/No TC err:div.mar.prop.etc
1060982 Paulus Thendoll Owens v Commonwealth of Virginia 05/04/1999
Evidence suff. to prove actual notice of adjudication of hab.offe
1126984 Jose Balmoris Moreno v Commonwealth of Virginia 05/04/1999
No TC error re: dny request to w/d Alford pleas to murder, et al
1417984 Nora H. Burgan v Ezzat Zein 05/04/1999
Summarily affirmed
1807984 Sheila Roche v Stephen Roche 05/04/1999
Summarily affirmed
2185981 Dominic Musolino v CW, D.S.S. 05/04/1999
Summarily affirmed
2326982 Bobby Morton v Servicemaster Consumer Service,etal 05/04/1999
Summarily affirmed
2345982 Oscar R. White v C. J. Coakley Company, et al. 05/04/1999
Summarily affirmed
2346982 Wilbert E. White v C. J. Coakley Company, et al. 05/04/1999
Summarily affirmed
2503983 Robert M. Anselmo v Cherrydale Motors, Inc., et al 05/04/1999
Summarily affirmed
2736982 Danielle J. Cummins v Valman D. Cummins 05/04/1999
Summarily affirmed
2758983 Gary L. Frye v Valley Hauling, Inc. et al. 05/04/1999
Summarily affirmed
0374982 Paula Hardy Purifoy v Commonwealth of Virginia 04/27/1999
No TC error re: admit.evide. bill for merchand/evid.proved embezz
0457982 Delmah Rapheal Poindexter v Commonwealth 04/27/1999
TC err:convs att.credit card fraud & consp./No TC err:fail.to app
0644982 Dwayne Christopher Hopkins, et al. v Commonwealth 04/27/1999
No TC error re: denying mtn to suppress/admit.of cert.of analysis
0697982 Westvaco Corporation v Haywood J. Swearingen 04/27/1999
No WCC error re: calculation of clmt's weekly wage
0735982 Vickie Stoneman v Greg Stoneman 04/27/1999
No TC error re:changed circum./joint cust./contin.guardian ad lit
0779982 Tammy Lynn Rohe v Commonwealth of Virginia 04/27/1999
Evidence sufficient to prove attempted breaking and entering
0808984 Julia Marie Beach v Richard Jerome Kurtz 04/27/1999
No TC error re: refusing to increase monthly child support
0889982 Diana Damschroder v John Wallace Patterson 04/27/1999
No TC err:unempl.invol/no deny of reduc.child supp/imputing incom
0918981 Stephen E. Clark, s/k/a Stephen E. Clark, Jr. v CW 04/27/1999
Evidence sufficient to support conviction of possession of cocain
1405982 Delnor Jose Banks v Commonwealth of Virginia 04/27/1999
Insufficient evid.to support conviction for possession of cocaine
1672984 Robert Russell Newton, et al. v Fairfax Co. Police 04/27/1999
No WCC error:denial stat.beneficiaries claim for indemnity bene.
1744984 Jafar Mottaghi v Mary M. Kiani 04/27/1999
No TC error re: denal of motion for susp. and reconsideration
1984983 John Dean Collins v Tammie Leigh Hurley Collins 04/27/1999
Summarily affirmed
2704981 A.D.Stowe and Reliance National Indemnity v Ricks 04/27/1999
No WCC error re: Stowe responsible for Ricks's medical treatment
0722984 David Emory Spitler v Commonwealth of Virginia 04/20/1999
Evid.insuff.to prove appt's guilt byd reason.doubt for gr.larceny
1597984 Mario L. Calvano, Executor, et al. v Wal-Mart, etc 04/20/1999
No WCC error re: Clmt failed to prove injury by acc. during emplo
1657981 Jerry Rancis Bass, Sr. v Sherry Yvonne Bass 04/20/1999
Summarily affirmed
2373983 Jim Henry Stanley v Tultex Corporation 04/20/1999
Summarily affirmed
2394984 Charles Francis Carter v Arlington Co. Fire Dpt 04/20/1999
Summarily affirmed
2533972 Joseph D. Morrissey v Commonwealth of Virginia 04/20/1999
App.failed to preserve claims under Rule 5:18/no reason for excep
2204981 Commonwealth of Virginia v Jimmy Williams 04/19/1999
TC error:grt mtn to suppress/def.made voluntary stmt-no viol.5th
0122981 Reginald Slade v Commonwealth of Virginia 04/13/1999
Evid.suff.to prove poss.of cocaine/No TC err:no grant mtn to dism
0192981 Sclester Uzzle, Jr. v Commonwealth of Virginia 04/13/1999
Evidence suff. to convict for poss.of cocaine w/intent to dist.
0432981 Roderick Kim Ricks v Commonwealth of Virginia 04/13/1999
No TC err:admit.evid.exp.opin.on comm.know./no accommodation dist
0480983 John D. Reyes and Phillip L. Benham v Commonwealth 04/13/1999
NO TC error re: rejecting defense of "good faith"
0606982 Anthony Vinson Loving v Commonwealth of Virginia 04/13/1999
Evidence sufficient to prove violence toward or/intim. of victim
0642984 Denit Antoinette Hall v Commonwealth of Virginia 04/13/1999
Evidence sufficient to prove unlawful wounding
1406983 Ronnie Lee Motsinger v Commonwealth of Virginia 04/13/1999
No TC error:jury instr.re:rebuttable presump of intent to defraud
2556981 Commonwealth of Virginia v Richard Thomas Anderson 04/13/1999
TC err:based ruling on single&erroneous prin.of law in supp.stmt
0568981 Teresa Washington v Commonwealth of Virginia 04/06/1999
Evid.suff.to prove def. used firearm in commission of robberies
1038983 Hershel Frank Sullivan, Jr. v Commonwealth of VA 04/06/1999
No evid.to prove def.guilty of disregard/human life/no inv.mansla
1117983 David Lewis Gibbs v Commonwealth of Virginia 04/06/1999
Evidence sufficient to prove conviction of perjury
1373983 Caroline Sword v Automotive Industries and VEC 04/06/1999
Clmt lacked good cause to refuse employer's offer of employment
2267983 Commonwealth of Virginia v Daniel C. Overstreet 04/02/1999
TC error re: granting motion to suppress/remand for further proce
0346983 Christopher Michael Towns v Commonwealth of VA 03/30/1999
Evid.suff.to prove charge beyond a reason.doubt/exp.opin not admi
0488982 Susan K. Smith v William S. Smith 03/30/1999
No TC error re: agreement precluded court from modifying sp. supp
0569983 John Russell Hartman v Commonwealth of Virginia 03/30/1999
Evid.insuff.for poss.w/int.dist.obscene/contr.to del./10 cts affr
0771983 Wilmert Jack Pruett v Town of Tazewell 03/30/1999
No TC err:town ordin.not invalid re:exceed.fine/conf.single subj
0940982 Mark A. Kirby v Commonwealth of Virginia 03/30/1999
Evid.suff.to support conviction for distribution to police inform
1469983 Larry Edwin Tatum, Jr. v Commonwealth of Virginia 03/30/1999
Evidence sufficient to prove malice
1582982 Mary Washington Hosp., et al. v Patricia Holloway 03/30/1999
Credible evid.supports WCC's denial of employer's chg-in-cond.app
2471971 Jeremy Shawn Walton v Commonwealth of Virginia 03/30/1999
No TC err: adm.extrajud.stmt to police/denial of continuance
2472971 Robert Sabb v Commonwealth of Virginia 03/30/1999
No TC err:admit.extrajudicial stmt to police/denial of continuanc
2784971 Michael Eugene Williams v Commonwealth of Virginia 03/30/1999
No TC error re: refusal of TC to consider affidavit from eyewit.
2858972 Gregory Antoine Brown v Commonwealth of Virginia 03/30/1999
No TC err:judge didn't abuse discre.in affirming transfer decisio
3017972 Mayes Wilson Tate, Jr. v Commonwealth of Virginia 03/30/1999
No TC error re: striking defendant's testimony
0013982 Cynthia Lee East v Commonwealth of Virginia 03/23/1999
No TC error re: 3/6 charges/TC error re: 8/1/96 & 2/26-27/97 chgs
2206971 Eric R. Cooke, s/k/a Eric Rodney Cooke v CW 03/23/1999
Evid.suff.--2degree murder & use of FA while attempting to murder
2640972 Terrence M. Hackett v Shirley A. Hackett 03/23/1999
TC err: re: ch.supp.amt/written explan. for deviation frm guideln
0519983 Ronnie Dwayne Marlowe v Commonwealth of Virginia 03/16/1999
Case dismissed for inadequate record
0670983 Beverly P. Eggleston, IV v VA Dept of Social Svcs 03/16/1999
Evidence supports DSS's decision for Founded Sexual Molestation
1088972 Dennis Jackson Moore v Commonwealth of Virginia 03/16/1999
No TC err:deny.mtn to supp/stmt voluntary/instruct.jury re:volunt
1103983 Carol Young Blanding v Donald Sly Blanding 03/16/1999
Evidence sufficient in record to support decision of trial court
1922983 Wellmore Coal Corporation v Dallas E. McClanahan 03/16/1999
No WCC err:cond.related to earlier acc't/evid.suff.to supp.award
2217971 John Antonio Fennell v Commonwealth of Virginia 03/16/1999
TC error re: refusing jury instruct.for access.after the fact
2307963 Myles Talbert Hylton v Cheryl Ann Price Hylton 03/16/1999
TC err:fail to calc.presum.amt of ch.supp/expln for devia.guideln
2718972 Ronald A. Parrish v Commonwealth of Virginia 03/16/1999
Evid.suff.to support conviction for conspiracey to dist.cocaine
0132983 Ronlyn Hicks Brown Eaton, s/k/a R.B.Eaton v CW 03/09/1999
No TC error re: susp.sentence/suff. reasonable cause to revoke
0328984 Ray Anthony Hulett v Commonwealth of Virginia 03/09/1999
Evidence sufficient to prove beyond reasonable doubt dist.cocaine
1345983 William A. Butts v Commonwealth of Virginia 03/09/1999
Evid.suff.to prove appellant had actual possession of marijuana
1763984 Einar F. Jarvinen v Claire-Louise Votaw 03/09/1999
TC err:spouse share of pension not term/Entry of COAP not in agre
2875971 Jerry Baker v Commonwealth of Virginia 03/09/1999
TC error re: admission of previous victim's testimony
0140982 Milton Norman Woodson v Commonwealth 03/02/1999
Evid.suff.to prove def's actions exhibited reckless disregard
0383982 Bobbie G. Myree v Commonwealth of Virginia 03/02/1999
No TC error re: no illegal seizure/cocaine seized into evidence
1022981 Betty M. McPherson v John P. McPherson 03/02/1999
TC error in classification and valuation of significant assets
1037981 John P. McPherson v Betty M. McPherson 03/02/1999
TC error in classification and valuation of significant assets
1147982 Kirk Lee Loney v Commonwealth of Virginia 03/02/1999
Evidence sufficient to prove def.constructively possessed weapon
1184983 Troy Donahue Barksdale v Commonwealth of Virginia 03/02/1999
Evidence sufficient to support larceny and burglary convictions
2107984 Frank Edward Sergi v Washington Metro Area Transit 03/02/1999
Summarily affirmed
2130972 Willard Smith v Commonwealth of Virginia 03/02/1999
Evidence insufficient to support conviction for maiming
2500971 Clyde L. Caffee v Commonwealth of Virginia 03/02/1999
Testimony proved def.comm.offenses;No TC err:use of pretrial test
2794973 Bobby Lee Hurley, a/k/a Bobby Church v CW 03/02/1999
No TC error re:allowing CW to prove def.'s age by driving records
0009982 Glenn Antony Barcroft, Jr. v Commonwealth 02/23/1999
No TC err:contact consen.encounter not search/seize/app.consented
0063984 David Allen Moore v Commonwealth 02/23/1999
No TC error:evid.from earlier trial/denial mtn to set aside verdi
0075984 Daniel Edward Jackson v Commonwealth 02/23/1999
No TC error re: exp.opinion re: accelerant/admit. exh.6 - ch cust
0176981 James Earl Bender v Commonwealth 02/23/1999
No TC error: evid.suff/mtn for cont/past hist/past felony conv/
0326983 Darry Wayne Osborne v Commonwealth 02/23/1999
No TC error:TC revoked susp.sent. on grounds in notice received
0977983 Charles Anthony Jones v Commonwealth 02/23/1999
Evidence sufficient to convict for threatening to burn residence
1106972 Shuron Marice Barksdale v Commonwealth 02/23/1999
Upon Rehearing En Banc, this Court affirms appellant's conviction
1168984 Cynthia Margoupis v Thomas Margoupis 02/23/1999
No TC err:vacat.final decree/mtn to susp./equit.dist/atty fees/et
1688974 William M. Kenison v Commonwealth 02/23/1999
No TC error re: punitive & crim.penalties are not separate
1718983 Commonwealth of Virginia v Wyatt 02/23/1999
TC error re:granting motion to suppress evidence found on person
1969983 Dana Corporation and Twin City Fire Ins. v Snyder 02/23/1999
Summarily affirmed
2193983 Floyd S. Pike Electrical Contr., et al. v Mullins 02/23/1999
Summarily affirmed
2829972 Lakiesha Enika Godbold v Commonwealth 02/23/1999
No TC error re: no double jeopardy/evid.suff.for obs.justice.
2969972 Lamar Anthony Pendergrass v Commonwealth 02/23/1999
No TC error re: refusing requested jury instruction on self-def
0526981 Oscar Dalvin Ross, Jr. v Commonwealth 02/16/1999
Evid. sufficient to sustain convictions for robbery/use FA
0709981 Fedrico M. Gilmore v Commonwealth 02/16/1999
No TC error re: refusing to instruct jury re: vol.manslaughter
1246984 Daniel W. Phelps v Safeway Stores, Inc. 02/16/1999
No WCC error re: denial of appl. for temp.total disab.benefits
2051982 Robert L. Brown, Sr. v Steven W. Jett, General Con 02/16/1999
Summarily affirmed
2299984 Pepsi-Cola Bottlers, et al v Joseph W. Kane 02/16/1999
Summarily affirmed
2535972 Roy Berger Bass v Commonwealth 02/16/1999
No TC error re: denial mtn to suppress/mtn to strike evidence
2670972 Robert Jones, s/k/a Robert G. Jones v CW 02/16/1999
Evidence sufficient to convict for possession of cocaine
2987974 Gary Stephen Diaz v Commonwealth of Virginia 02/16/1999
Evidence suff.to sustain conviction for receiving stolen property
3001971 Arthur Lydell McDonald v Commonwealth 02/16/1999
Evidence sufficient to support conviction for bank robbery
0327981 James D. Dailey v Commonwealth 02/09/1999
Evid. suff. to prove each element of burglary and grand larceny
0356982 Herbert C. King, Jr. v Pepsi Cola Company, et al. 02/09/1999
No WCC error re: pymt of perm.part.&temp.part.disab.benefits
0409981 Larry S. Baumgardner v Commonwealth of Virginia 02/09/1999
No TC err:4th Amd/marij.legally seized/no error admission in TC
0882982 Patrick Cullen Adsit v Commonwealth of Virginia 02/09/1999
Insuff.evid.to supp.convict.for animate object sexual penetration
1275984 United Truck Wash and Continental Insurance Comp. 02/09/1999
No WCC error re: clmt not capable of pre-inj.work/wage loss
1823981 Associated Cabs, Inc. v Issiah King 02/09/1999
No WCC err:finding accident caused clmt's injuries/disa/calc.bene
2300972 Damon D. Davis v Commonwealth of Virginia 02/09/1999
No TC error re: prosecuted in timely manner per Code 19.2-243
2441972 Enddy Omar Catedral v Commonwealth of Virginia 02/09/1999
No TC error re: refusal of jury inst.re:abduction/voir dire juror
2541972 Reginald D. Hayspell, s/k/a etc. v Commonwealth 02/09/1999
Evid.suff. to convict for poss.of cocaine& marijuana w/int.to dis
2811973 John Kurt Sensabaugh v Commonwealth of Virginia 02/09/1999
No TCerr:CW proved ess.elem.of fail.to carry out promise/evid.suf
0341981 Robert M. McCombs v Rosemary M. McCombs 02/02/1999
TC error:allotted wife share of retire.acct.w/dividends &interest
0552982 Donald Blair DeVore v Suzanne M.B. DeVore 02/02/1999
TC error re: not permanently terminating husb.spousal support obl
0947981 James Rodney Sauls v Barbara Sauls 02/02/1999
No TC error re:no rev.error incorp.sett.agrmt into divorce decree
1366981 Grady W. Perry v Clarence H. Carter, Commissioner 02/02/1999
No TC error re: dismissing case on other ground/no attorney's fee
1468981 Surface Technologies Corp., et al. v Kerry Ridley 02/02/1999
No WCC error re:evid. suff. to support commission's award of TTD
1762983 Barry Lynn Arthur v CW, DSS, DSCE, ex rel S.Smith 02/02/1999
Summarily affirmed
1894982 Lynn J. Dempsey v. Enerfab Corporation, et al. 02/02/1999
Summarily affirmed
2037983 Robert H. Wood v General Electric Company, et al. 02/02/1999
Summarily affirmed
2060984 Boston Chicken Market, et al. v Lori A. Mack 02/02/1999
No WCC err:Clmt proved disab.and med.trtmt related to inj. by acc
2147972 Jon Ray Moss, a/k/a John R. Moss v Commonwealth 02/02/1999
Evid.suff.to prove def.possessed a key w/intent to com.larceny
2504971 Jesovha Octavious Seaborn, s/k/a, et al. v CW 02/02/1999
No TC error re: ruling a defense witness incompetent to testify
2754974 Charles L. C'Debaca, s/k/a, et al. v Commonwealth 02/02/1999
Tc error re: def's conduct didn't violate Code Sec.18.2-386.1
0172972 Rhonda G. Campbell v Jonathan S. Campbell 01/26/1999
No TC error re: termination of order that husband pay child supp.
0261981 John Price, Jr. v Commonwealth of Virginia 01/26/1999
CW laid proper foundation to intro.into evid.prior larceny convic
0974983 Pitt Des Moines, Inc., et al. v Randy W. Busbee 01/26/1999
No WCC err:held clmt suffered back injuries caused by work fall
1274981 Robert Gordon Darden v Cynthia Lynn Darden 01/26/1999
Summarily affirmed
1388981 Kathleen Padilla v Norfolk Division of Social Svs 01/26/1999
Summarily affirmed
1878983 Gloria Gayle Elkins v DSS for County of Campbell 01/26/1999
Summarily affirmed
1990984 Hunan Imperial Restaurant, et al. v Han Trung Lam 01/26/1999
Summarily affirmed
2038983 Tri-Cities Industrial Builders, et al. v Duncan 01/26/1999
Summarily affirmed
2729971 Alfonza Wyche, Jr. v Commonwealth of Virginia 01/26/1999
Evidence suff.to est.guilt of poss.cocaine/use FA in poss cocaine
2967971 Jermaine L. Bell v Commonwealth of Virginia 01/26/1999
Evid.sufficient to support convictions f-degree murder and use FA
3043971 Elton Leroy Drummond v Commonwealth of Virginia 01/26/1999
No TC err:evid.shows beyond reason.doubt poss.intent to dist.coca
0628982 Charles Hershfield v Town of Colonial Beach, et al 01/19/1999
TC correctly declined jurisdiction b/c notice of appeal untimely
1743983 Hyekyung Kim St. Clair v Dallas B. St. Clair 01/19/1999
Summarily affirmed
1752982 Joseph B. Packett, III v Potomac Supply Corp,et al 01/19/1999
Summarily affirmed
1827983 Kent A. Derrow v Owens Brockway Plastics, Inc., et 01/19/1999
Summarily affirmed
1832983 Billy B. Harman v B & P Construction, et al. 01/19/1999
Summarily affirmed
2141984 Northern Operations Center, et al. v Castaneda 01/19/1999
No WCC err:awarding clmt temp.total dis.bene.from12/24/96 contin.
2211981 Eastern State Hospital v Tenia P. Roberson 01/19/1999
No WCC error re: clmt sustained new inj.by accident\test.credible
0134983 Deborah C. Sproles v Robert K. Lowry, IV 01/12/1999
No TC error re: deducting "credit" after calculating child supp
0655984 Wade Michael Sheldon v Spirits Restaurant, et al. 01/12/1999
Evid.suffi. to prove clmt was employee not indep.contractor
0678983 Jason Derick Martin, s/k/a Jason Derek Martin v CW 01/12/1999
Evid.suff.proving def.possessed firearm that could fire projectil
0907983 Glenwood Edward Johnson v M S Carriers, Inc., etal 01/12/1999
Insuff.evid.to support required basis of necessary 3rd employee
1550974 Farid Sediqi v Commonwealth of Virginia 01/12/1999
No TC err:ref.to grant mtn for new trial based on aftr-disc.evid.
1556972 Kimberly P.Martin, s/k/ Kimberly Paige Martin v CW 01/12/1999
On Rehearing En Banc, trial court's decision affirmed
2046973 Garrett E. Graves v Commonwealth of Virginia 01/12/1999
On Rehearing en banc, trial court decision affirmed
2862971 Zackary Anthony Carter, s/k/a, etc. v Commonwealth 01/12/1999
TC error re: one juror should have been excused for cause
2896973 John Randolph Hairston v Commonwealth of Virginia 01/12/1999
Evidence sufficient to support defendant's conviction of robbery
0111983 Robert Carl Burnett v Commonwealth of Virginia 01/05/1999
Evid.suff. to prove appellant committed grand larceny by check
1569983 Commonwealth of Virginia v Charlie William Gilbert 12/29/1998
TC err in concluding officer lacked reason.susp.for Terry stop
3074973 Harry Emell Dean v Commonwealth of Virginia 12/29/1998
No TC error re: def.was given notice licence susp. for 10 years
0114982 David and Anne Woodruff v Harlie Greene, Bldg Off. 12/22/1998
TC err:Greene&Hark.failed to conduct reas.inq/Remand re: sanc/fee
0169983 Judy Ann Kisling v Commonwealth of Virginia 12/22/1998
Insuff.evid. to prove custodial or supervisory relation.w/victim
0372984 Darlene Sekerez v Herbert F. Bravo 12/22/1998
Summarily affirmed
0863972 David Guy Jones v Commonwealth of Virginia 12/22/1998
No TC error re: conviction of failure to stop at scene of acc.
0881983 Walter Everett Childress, Jr. v Appalachian Power 12/22/1998
NoWCerr:neck cond/psy.cond/letter den/can.rtn wk/WCerr:Trtmt auth
1155981 Randall V. Phelps, Sr. v Doris Carol Powell Phelps 12/22/1998
Summarily affirmed
1288973 Ronald Eugene Crewey v Commonwealth of Virginia 12/22/1998
TC didn't err in admitting test.re: app.'s taking alkasensor test
1326983 Grace Ellen Falls v Virginia Mennonite Retire., et 12/22/1998
WCC error re: finding clmt didn't market residual wk capacity
1499972 Craig Roland Browder v Commonwealth of Virginia 12/22/1998
Evid.suf.to supp.def.conv.for invol.mans.,dischg FA,stat.burg.,FA
1741972 George Henson, Jr. v Commonwealth of Virginia 12/22/1998
Evidence sufficient to support conviction of perjury
2107974 Terry Jansen Forney v Commonwealth of Virginia 12/22/1998
Insuff.evidence to prove conspiracy to distribute marijuana
2607972 Antione Marquis Wicker,s/k/a Antoine Wicker v CW 12/22/1998
Evid.suff.to prove abduction by prisoners/viol.Code Sec.18.2-48.1
2925973 James Edward Horsley v Commonwealth of Virginia 12/22/1998
No TC err:excl.evid.of stmt by comp.witness re:prior sexual behav
0515983 Karen A. Gallupe v Roanoke City DSS 12/15/1998
No TC error re: termination of parental rights for mother
1209983 Lisa Allen, f/k/a Lisa A.P. Shaw v Lynchburg DSS 12/15/1998
No TC err:DSS presented clr and convin.evid.to term.parental rts
1587972 Garfield B. Johnson v Commonwealth of Virginia 12/15/1998
No TC err:record fails to establish trial judge abused discretion
1650983 Juanita A. Whittaker v Roanoke Co. DSS 12/15/1998
No TC err:clr & convinc.evid.to term.parental rts/childs best int
1655972 Garfield B. Johnson v Commonwealth of Virginia 12/15/1998
No TC error re: revoked susp.sent.post-guilty plea in other case
1773984 Town of Washington Water Works, et al. v Pullen 12/15/1998
Summarily affirmed
2305973 Henry Christian Olsen v Commonwealth of Virginia 12/15/1998
No TC err:ref.mtn for new trial/mtn to cont./allowing chal.testi.
2833974 Stanley Sellers v Commonwealth of Virginia 12/15/1998
No TC err:CW met req'mts to permit officer to use notes,no hearsa
2904971 Alvin Rudolf Fields, a/k/a Alvin Rudolf Ward v CW 12/15/1998
No TC err:admit.conv.orders/conv.3X of pet.larceny/fel.pet.larc.
0002981 Berry Ali Hanie, s/k/a Barry A. Haynie v CW 12/08/1998
Evidence insufficient to prove robbery conviction of Davila
0775982 Sarah L. Humphries v Charles M. Davis, II 12/08/1998
Summarily affirmed
1242982 Tarmac America, Inc., et al. v Robert L. Salmon,Jr 12/08/1998
Summarily affirmed
1314984 Michael E. Vanderford v Tommie Adelia Vanderford 12/08/1998
Summarily affirmed
1464983 Sandra C. Graham v Consolidated Stores, et al. 12/08/1998
Summarily affirmed
1610982 Philip Morris USA, et al. v Mamie E. Peterson 12/08/1998
Summarily affirmed
1649983 Goodyear Tire & Rubber Co., et al. v Arthur R Deel 12/08/1998
Summarily affirmed
1654982 Community Memorial Healthcenter, et al. v Crute 12/08/1998
Summarily affirmed
1671982 Virginia Commonwealth Textiles, et al. v M. Metz 12/08/1998
Summarily affirmed
1678972 Robert Hurt Robertson, Jr. v Commonwealth 12/08/1998
No TC err:deny mtn to diss/grant CW's mtn for cont/convicting app
1681984 Kathryne Smith v Fairfax Hospital, et al. 12/08/1998
Summarily affirmed
1718974 Terrance Darnell Boykin v Commonwealth of Virginia 12/08/1998
No TC err:grnt CW's mtn in lim.prevents def.from stating penalty
1757971 Sherry Denise Battle v City of Norfolk 12/08/1998
TC error: Def.not prosecuted in a timely manner per Sec.19.2-243
2038973 Bonnell B. Boyd v Commonwealth of Virginia 12/08/1998
No TCerr:acc.psy.records/CW review excul.evid./no paro/mtn set as
2619971 Randy M. King v Commonwealth of Virginia 12/08/1998
Correction to page 4 (order in Burket cite)
2691971 Tony Benjamin Council v Commonwealth of Virginia 12/08/1998
Evid.suff.to prove def.guilty of robbery & related firearms chgs
2702973 James Michael Sellick v Commonwealth of Virginia 12/08/1998
No TC err:deny mtn to suppress/evid.suff to prove poss.cocaine
2735974 Nathan B. Kirk v Commonwealth of Virginia 12/08/1998
No TCerr:prop.instr.jury on all elem.of obtain.prop.by false pret
2842974 Keith A. Carpenter v Commonwealth of Virginia 12/08/1998
No TC err:admit.evid.of consump.of and presence alcohol in truck
1343973 Rodney Lee Rucker, a/k/a Ronnie L. Rucker v CW 12/01/1998
No TC err:enforcing habit.off order re:name spell./order in force
1546974 John David Smith v Commonwealth of Virginia 12/01/1998
No TC error re: admit.evid/circum.evid./carnal.know.instruction
2561971 Craig Jeffrey Thomas v Commonwealth of Virginia 12/01/1998
Sufficient evidence to prove appellant constructively poss.cocain
2632971 Ronnie McNair v Commonwealth of Virginia 12/01/1998
No TC err:cons.of forgery, uttering & petit larc/blank checks
0070984 Mary W. Stultz, Deceased, et al. v Helen S.Albaugh 11/24/1998
TC err:TC had no juris.to enter order upon which conviction based
0124983 Kathy R. Gobble McElraft v Don L. McElraft 11/24/1998
No TC err:sep.agree.valid/real est became husband's prop by deed
0765984 John David Pellegrin v Diane L. B. Pellegrin 11/24/1998
Summarily affirmed
1071983 Norman H. Hale v Southwest Sanitation Co., et al 11/24/1998
Summarily affirmed
1083983 Robert A. Sanders, Deceased, et al. v Friendship 11/24/1998
Summarily affirmed
1120981 Merilyn Jackson Burgess v Hampton School Board 11/24/1998
Summarily affirmed
1255983 John Hall v Hallie M. Hall 11/24/1998
Summarily affirmed
1328981 Jerry Anne Bickell v Lake Taylor Hospital, et al 11/24/1998
Summarily affirmed
1364983 Commonwealth of Virginia v Douglas Jerome Smith 11/24/1998
Trial court's decision to suppress evidence affirmed
1394984 Yousef M. Alkadi v Arlington County School Board 11/24/1998
Summarily affirmed
1420981 Lisa L. Conaway v Kentucky Fried Chicken, et al. 11/24/1998
Summarily affirmed
1484981 Jeanne H. Hardy v Nardi Contracting Group, et al. 11/24/1998
Summarily affirmed
1560984 The Hair Cuttery, et al. v Wendy V. Shanholtz 11/24/1998
Summarily affirmed
1649973 John Mason St. Clair v City of Lynchburg 11/24/1998
No TC err:admit result from br'alyzer/ref.to dismiss prosecution
1724973 Valeria L. Green v Commonwealth of Virginia 11/24/1998
No TC error re: order re: contempt valid/evid.suff.poss. of cats
1740981 Wilhelmenia Lee v City of Portsmouth School Board 11/24/1998
No WCC err:Clmt failed to prove inj.by acci.arising out of employ
2350971 Antoine Lopez Lloyd v Commonwealth of Virginia 11/24/1998
No TC error re: codef.stmt admissible/this issue barred - no obj
2614971 Christopher T. Temple v City of Virginia Beach 11/24/1998
No TC error re: deprived appellant of commercial driver's license
2768971 Cameron E. Magouirk v Commonwealth of Virginia 11/24/1998
Evidence suff. to support conv. for grand larceny/embezzlement
2770972 Tyrone Jerrod Pettiford v Commonwealth of Virginia 11/24/1998
Evid.suff.to supp.order re:revoked port.of susp.sen post sh.cause
0472984 Karen A. McIntosh v John A. McIntosh 11/17/1998
Summarily affirmed
0587981 Melissa Hoffler v Daniel Hoffler 11/17/1998
TC error re; portion of divorce decree re: lump sum prop. settl.
0951983 Jerry Kenneth Kain v Eunice P. Kain 11/17/1998
Summarily affirmed
1868984 Eugene Koranteng v Federal Express Corporation, et 11/17/1998
Clmt failed to prove left should.con./dis. related to inj.byaccid
2220974 Sean William Morris v Commonwealth of Virginia 11/17/1998
No TC err:no illegal deten.or search/illeg.obtained stmt w/o mira
2482973 Robert Wayne Hickson, Jr. v Commonwealth 11/17/1998
Evidence sufficient to sustain conviction for arson
2756972 Shawn Aubrey Jones v. Commonwealth of Virginia 11/17/1998
No TC error re:officer had prob.cause to stop/community caretaker
0309972 Clifton Mason, s/k/a Clifton B. Mason v CW 11/10/1998
Upon Rhg En Banc, evid.suff.to prove exposure per Code 18.2-370
0810984 George A. Langhorne v Joanne Langhorne 11/10/1998
Summarily affirmed
0832981 Nora Hamel v Beachside L C and Twin City Fire Ins. 11/10/1998
Summarily affirmed
0990982 Margaret L. Sharp v Roland M. Woodard 11/10/1998
Summarily affirmed
1183982 Goodyear Tire & Rubber Co., et al. v Ruth Williams 11/10/1998
Summarily affirmed
1422983 James Eric Cox v Goodman Hardware Glass 11/10/1998
Summarily affirmed
1448973 Dennis James Owen v Commonwealth of Virginia 11/10/1998
No TC error re: refus.to supp. evid./denying mtn for mistrial
1720973 Christopher Michael Towns v Commonwealth of VA 11/10/1998
Evidence insufficient to support conviction for escape
2416972 James Lee Stevens v Commonwealth of Virginia 11/10/1998
No TC err:ref.to supp.confes./evid.suff.to prove expos.genitals
2566973 Eric Blane Lee v Commonwealth of Virginia 11/10/1998
Evidence sufficient to convict of poss.with int.to distr.cocaine
2669974 Landon T.A. Summers v Marcia L.B. Summers 11/10/1998
Summarily affirmed
2728974 Donald Wayne Shepherd v Commonwealth of Virginia 11/10/1998
Evidence sufficient to support conviction for grand larceny
1370973 Larry Joe Ellison v Commonwealth of Virginia 11/03/1998
Evid.suff. to prove appellant knew an accident had occurred
2381974 Edward Ardale Brame v Commonwealth of Virginia 11/03/1998
Evid.suff.to prove appllant guilty of grand larceny of computer
2837973 Jennifer A. Stout v Russell D. Stout 11/03/1998
TC error:limiting spousal support to wife to twenty-four months
0301984 Ahmad Djadali v Farzaneh Djadali 10/27/1998
No TC err: prov.denying child sup/ref.to grant hearing re:ch.supp
0378981 Sights & Brightwaters Investors, et al. v VA ABC 10/27/1998
No TC error re: denial of on-premises beer license by VA ABC Bd.
0444983 Edward Joseph Cronin v Stacey A. Cronin 10/27/1998
Summarily affirmed
1207982 Jon W. Jungers t/a Richmond Modular v N. Powers 10/27/1998
Summarily affirmed
1237984 Kathryn E. Shuron v ARA Food Service, et al. 10/27/1998
Summarily affirmed
1515974 Steven L. Whibley v Commonwealth of Virginia 10/27/1998
No TC error:admitting into evid. cert.of breath alcohol analysis
1814973 William Michae Knowles v Commonwealth of Virginia 10/27/1998
No TC err:ref.to grant mistrial/obj.trial trans./evid.hrg/evid.
2371972 Leland Lloyd Johnson v Commonwealth of Virginia 10/27/1998
No TC err:admit.b.a.cert.b/c it was "not" mailed per request.
2428974 Rashourn Ezekiel Niles v Commonwealth of Virginia 10/27/1998
No TC error:applying Code Sec.16.1-272;no equal rights prot viol
2483974 Herman Cefus Newman v Commonwealth of Virginia 10/27/1998
Evid.suff. to conv.for grand larceny w/o witness identification
1174983 Steven B. McClellan v H.L.Yoh Co. & Ins.Co of Penn 10/20/1998
Summarily affirmed
2087974 David J. Harris v Commonwealth of Virginia 10/20/1998
Def.not denied stat. or const. right to speedy trial
2370972 Travis Maxwell Ellington v CW 10/20/1998
Evidence insuff. to support conviction for petit larceny
2395972 Antonio Ewell Morse v Commonwealth of Virginia 10/20/1998
Evid. suff. to prove def.intended to distribute cocaine
0085984 Judith Adele Plotkin v Fairfax Co.D.F.S. & Richey 10/13/1998
No TC err re:order removing children from mom/atty's fees denied
3078974 Penny Carter v Joan Brown 10/13/1998
No TC err:mother failed to est.requisite chg in circ. supp by rec
1039983 Timothy Brandon v Sunstates Maintenance Corp., et 10/06/1998
Summarily affirmed
1212974 James Earl Jackson v Commonwealth of Virginia 10/06/1998
No TC err:suff.evid.to est.value of stolen items/testimony admiss
1271984 Martin Marietta Corp., et al. v Mary Joan Harris 10/06/1998
Summarily affirmed
1276984 Super Fresh Food Markets, Inc. v Rejino C. Stultz 10/06/1998
Summarily affirmed
1298981 Commonwealth of Virginia v Robert Lee Taylor 10/06/1998
TC err re:def.consented to search/def.not seized/mtn to supp. rev
1428984 Francisco Zavala v Arlington Co. Dpt of Human Svs 10/06/1998
Summarily affirmed.
1578972 David Lewis Goode v Commonwealth of Virginia 10/06/1998
Evidence sufficient to convict for voluntary manslaughter
1802972 Dennis Wayne Toney v Commonwealth of Virginia 10/06/1998
No TC error re: consent vol./officers not exceeded scope/evd.suff
1942971 Felicia Mae Shearin v Commonwealth of Virginia 10/06/1998
Evid.suff.to convict for intent.to temp.deprive owner poss.of car
2117971 Markeith Alan Turner v Commonwealth of Virginia 10/06/1998
Evidence sufficient to sustain convictions - robbery, use f/a
2304974 Misael Rolando Hernandez v Commonwealth 10/06/1998
Record is wholly inadequate to make appellate review impossible
2400972 Felicia Gregg O'Brien, a/k/a Felicia K. Gregg v CW 10/06/1998
TC properly denied the mtn to strike/not ruling acted in self-def
2470974 Chang He Zhen v Commonwealth 10/06/1998
No TC error re: evid. admiss/officer's test.harmless: no rev. err
2498974 Erik Tiante Johnson v Commonwealth of Virginia 10/06/1998
Evid.sufficient to convict defendant of malicious destr. of prop
2860972 CW, DSS, DCSE, Sarah Carter v David M. Branch 10/06/1998
TC error:amount of child support arrear./refu'l to grant interest
3060972 Joseph E. Finley, Jr. v Shirley J. Travis 10/06/1998
TC error re: removing child from natural father's custody
0661983 Jadeen and Susan Lowery v H'burg-R'ham S.S.D. 09/29/1998
Summarily affirmed
1167984 Jade H. Miller v A T & T Corporation 09/29/1998
No WCC err:clmt didn't prove RSD & med.trtmt related to comp.inj
1988972 Thaddeus R. Foddrell v J & J Southeast, et al. 09/29/1998
No WCC err: clmt failed to prove inj. by accident in court of emp
2737974 Robin Lynn Cain v Commonwealth of Virginia 09/29/1998
No TC error re:def.represented by counsel in earlier proceeding
0359983 Patrick N. Cline v Donna K. Cline 09/22/1998
Summarily affirmed
0395984 Winston Jeffrey Watt v Pamela Susette Parmer Watt 09/22/1998
Summarily affirmed
0654974 Maria Diaz v Alicia Cummings Morrissey, et al. 09/22/1998
On Rehearing, Court dismisses appeal -- transcripts indispensible
0837983 ECPI Computer Inst.,etal. v Carmen A. Thompson, et 09/22/1998
Summarily affirmed
1026983 City of Salem Health Services, et al. v Skipper 09/22/1998
Summarily affirmed
1664972 Ian Cabili Pertos v Commonwealth 09/22/1998
No TC error re: deadly wpn and vol.mansl. instructions/suff.evid
1792971 Kenneth McKae Peele v Commonwealth 09/22/1998
Evidence sufficient to convict for malicious wounding
1956971 Charlie Donaldson v Commonwealth of Virginia 09/22/1998
Evidence sufficient to support conviction for statutory burglary
2090971 Markeith Alan Turner v Commonwealth of Virginia 09/22/1998
Evidence sufficient to convict for two robberies
2362971 Kelly Paige Edwards v Commonwealth of Virginia 09/22/1998
No TC error re: denial of mtn to supp/excluding expert testimony
2529972 Sergio E. Hayes, a/k/a Andre O. Julian v CW 09/22/1998
No TC error re: denying challenge of strikes against 4 veniremen
2589971 Barbara Ann Cuffee v Commonwealth of Virginia 09/22/1998
No TC err: refusing 3 jury instr re: 2 on self-def/1 on wit.cred.
0451982 Eugene Mary Ripplinger v Peggy W. Ripplinger 09/15/1998
Summarily affirmed
1000983 Jerry Wayne Combs v Commonwealth 09/15/1998
Summarily affirmed
1102983 Jack Jernigan v Ryder Dedicated Logistics, et al. 09/15/1998
Summarily affirmed
1245984 Houlihan's t/a Darryl's Rest., et al. v Slater 09/15/1998
No WCC err:no unjust.refusal sel.emplomt/emp'er resp.for med trmt
1531972 John Douglas Clark v Susan Little Bundy Clark 09/15/1998
No TC error re: atty fees/tang.prop./TC error re:sp supp/real est
1750972 Kanandez Epperson v Commonwealth of Virginia 09/15/1998
Epperson did not preserve for appeal the question re: suff.evid.
2056972 Rojai Lavar Fentress v Commonwealth 09/15/1998
No TC error re:not granting mistrial/evid.suff. to i.d. as killer
2193972 William Andreas Pyliaris v Commonwealth 09/15/1998
Evidence sufficient to sustain conviction for assault
0460984 DeAngela Conner v Arlington County DSS 09/08/1998
Summarily affirmed
0817982 Thomas Hodge v Great Coastal Express, et al. 09/08/1998
Summarily affirmed
0827984 Grand Piano & Furniture Company, et al. v Fogle 09/08/1998
Summarily affirmed
0963983 Commonwealth of Virginia v Charlie William Gilbert 09/08/1998
TC did not err in granting defendant's motion to suppress
1003981 John D. Lucey & Son Plumbing,et al. v Ronald Tatem 09/08/1998
Summarily affirmed
1880972 William C. Penley v Commonwealth of Virginia 09/08/1998
Evid.suff. to prove attempted taking of indec.lib/lasciv.intent
0342984 Kathryn D. Venie v David A. Venie 09/01/1998
Summarily affirmed
0899981 Shelby Guthrie Shaw v Merchant's Tire & Auto et al 09/01/1998
Summarily affirmed
0074983 Rebecca Ruth Robinson Dowdy v Otis L. Dowdy 08/25/1998
Summarily affirmed
0392982 Kathleen G. Rocker v Timothy E. Brown & Anne Brown 08/25/1998
Summarily affirmed
0429982 Connie P. Mitchell v City of Richmond Nursing Home 08/25/1998
Summarily affirmed
0438984 Thomas Jeffrey Determan v Willard C. Thompson, et 08/25/1998
Summarily affirmed
0466981 Marchia L. Brackett v Chesapeake Public Schools,et 08/25/1998
Summarily affirmed
0585983 Zenith Hilliard v Tri Travel Network, Inc., et al. 08/25/1998
Summarily affirmed
0619984 Commonwealth of Virginia v Benjamin S. Crewe 08/25/1998
TC error re: granted suppression motions
0620984 Commonwealth of Virginia v Paderic Howell Conroy 08/25/1998
TC error re: granting suppression motions
0621984 Commonwealth of Virginia v Philip C. Maniscalco 08/25/1998
TC error re: granting suppression motions
0622984 Commonwealth of Virginia v Michael R. Carosella 08/25/1998
TC error re: granting suppression motions
0649982 City of Richmond School Bd., et al. v Joan Jones 08/25/1998
Summarily affirmed
0744983 Dickenson Co. School Bd. v Patricia K. Mullins 08/25/1998
Summarily affirmed
0786984 Thurondie L. Chisholm v The Washington Post, et al 08/25/1998
Summarily affirmed
0794983 Luther C. Helbert, Jr. v Dyanne Webb Helbert 08/25/1998
Summarily affirmed
0826983 Ralph Allen Frye v Reynolds Metals Co., et al. 08/25/1998
Summarily affirmed
2924973 Ruth A. Fifer v Virginia Retirement System 08/25/1998
Summarily affirmed
0828983 Sunnyside Presbyterian Retirement, et al. v Royer 08/18/1998
No credible evidence clmt's accident arose out of employment
0867981 Commonwealth of Virginia v George Griffin 08/18/1998
TC error re: order granting suppression of subject evidence
0887984 Richard W. Bridges v Progressive Printing, et al. 08/18/1998
No WCC err:clmt failed to prove injury arose out of employment
1030974 Edward R. Cushen v Janice J. Cushen 08/18/1998
No TC error re: determinations re:divorce grounds and spousal sup
2249972 Kelly Yvette Timbers v Commonwealth 08/18/1998
Evid.suff.to support conv.as principal in 2d deg.for dist.cocaine
0045982 Russell Stover and TIG Premier Ins. v Alexander 08/11/1998
WCC error: Must clarify trtmt of emp.mtn.to dis & interp of 3.2
1279972 Henry Lee Davis v Commonwealth 08/11/1998
Suff.evid.to prove def.guilt/TC applied correct standard to facts
1461971 Robert M. Ewing v Patricia L. Ewing 08/11/1998
No TC error re: child support oblig/no attorney's fees
1642972 Chris O. Turner, s/k/a Crist O. Turner v CW 08/11/1998
TC err:Ruled CW didn't have to rebut discrim.by race-neut.reason
1793973 Enrique Andres Silberblatt v Lori Ann Silberblatt 08/11/1998
TC error:increase sp.supp.as perm.awd./No TC error re: all else
1936972 Werner S. Hindrichs v Diane F. Hindrichs Godorov 08/11/1998
No TC err:finding that Penn.Ct. better forum/VA Ct. has no juris
2565972 Ruth B. Hughes v Richard Lee Hughes 08/11/1998
TC error: custody decree reversed; custody returned to mother
0123981 Georgia-Pacific Corporation v Ricky A. Davis 08/04/1998
No WCC err: dc didn't deny due proce/mkted wk cap./evid.cont.dis.
0178982 Commonwealth of Virginia v Edward Lee Douglas, Jr. 08/04/1998
TC error re: suppressing evid. seized from appellant's car
0553973 Matthew Dean Wyatt v Commonwealth 08/04/1998
Evidence establishes criminal agency of defendant
1684971 Vernon Otis Silver v Commonwealth 08/04/1998
Disputed evidence lawfully obtained during consensual encounter
1851971 Claude M. Boone v Commonwealth 08/04/1998
Evidence suff.to prove appellant constructively possessed cocaine
0035972 Geraldine B. Mondido v Commonwealth 07/28/1998
No TC error re: refusing to instruct jury re: accommodation distr
0479984 Leslie Lovell Warren v Florence Phuong-Dung Pham 07/28/1998
Summarily affirmed
0497981 Newport News Shipbuilding and Dry Dock v Emerson 07/28/1998
Summarily affirmed
0575981 B & N Contractors, et al. v Vearlyn Wheeler 07/21/1998
Summarily affirmed
2169971 Gregory Mazyck, s/k/a Gregory A. Mazyck v CW 07/21/1998
No TC error re:refused instruct jury on access.after fact offense
1230972 Ramon Antwain Page v Commonwealth of Virginia 07/14/1998
No TC error re: evid. sufficient to prove malice byd reason.doubt
1624973 Douglas S. Simmons v Commonwealth 07/14/1998
Evid.suf.to prove appl.principal in 2nd deg.to malicious wounding
1963972 Lamont V. Evans v Commonwealth of Virginia 07/14/1998
No TC error re: mtn to strike evid.; evidence admissible
1995972 Tony Murray v Commonwealth of Virginia 07/14/1998
Evid.suff.int.to maim, disfig.,disable or kill victim/no self-def
0233974 Allen Lebedun, s/k/a Allen A. Lebedun v CW 07/07/1998
No TC err:sch warr/mtn to supp/contin/evid./evid.suff./stat.notic
1246974 Patricia S. (Plisco) Broderson v Charles Plisco,Jr 07/07/1998
No TC err:denial mtn to enforce foreign decree/remand custody pet
1961971 Clarence R. McCray v Commonwealth 07/07/1998
No TC error re: evidence suff./tc's failure to supp. confession
2050974 Jonathan Michael Whitaker v Commonwealth 07/07/1998
Insufficient evidence to prove breaking
2125971 James T. Sykes v Commonwealth 07/07/1998
No TC error re: trial in absence/i.d. informer/evid. suff to conv
2203972 Keith Eric Williams v Commonwealth of Virginia 07/07/1998
No TC error: venue proper in Hanover Co.; denial of mtn to strike
2514972 Charles Howard Davidson, Jr. v CW 07/07/1998
Evidence sufficient to convict for grand larceny
2610971 Phyllis Fuller v City of Va. Beach D.S.S. 07/07/1998
No TC error re: cust.to other rel./children not age of discretion
1483972 Laura Kenny v Richmond Department of Social Servs 06/30/1998
Evid.sufficient to have mother's parental rights terminated
1524971 Sharelle Grace Duke Merritt v Commonwealth 06/30/1998
No TC error re: evid.suff.to conv.for 2deg. murder/mtn for mistri
1736972 Neville Clive Shimhue v Commonwealth 06/30/1998
Evid.suff.to prove intent to maim, disfig, disable or kill/malice
1827972 Brandon Alexandria Dyer,s/k/a B.Alexander Dyer vCW 06/30/1998
No TC error: TC admitted evid.obtained from investigatory stop
1962972 Waverly Yates, Jr. v Commonwealth 06/30/1998
TC error re: insufficient evid. to sustain conviction for conspir
2245972 Steven Eric Holden v Commonwealth 06/30/1998
No TC error:sodomy accomplished against will of witness by force
2443971 Deborah A. Williams v Wiley D. Williams 06/30/1998
No TC error:stock not marital prop./NC prop.corp./Mandan marital
2711971 Roy Raymond Carnes v Raytheon Constructors, Inc.et 06/30/1998
No WCC err:clmt failed to make reas.effort to market resid.wk cap
0167981 Commonwealth of Virginia v Laura Marie Adams 06/23/1998
TC decision granting mtn to suppress evidence seized is reversed
0254983 Commonwealth of Virginia v Michael (NMN) Norris,Jr 06/23/1998
TC erred in granting mtn to suppress cocaine as evidence
0403984 John E. Wigfall v. Rainbow Ind., Inc., et al. 06/23/1998
No persuasive evid.clmt's r.knee injury related to comp.inj./acc
1231974 Nathan Lamont Reed v Commonwealth of Virginia 06/23/1998
Suff. evid. to support second degree murder (malice)/use firearm
1776971 Kenneth A. Gore v Commonwealth of Virginia 06/23/1998
Suff.evid. to show constr.poss.of firearm after convict.of felony
1829973 Donnie Wayne Sensabaugh v Commonwealth of Virginia 06/23/1998
Issue presented has no bearing on convictions for unlawful wound.
0107972 Davis Randolph Brown v Commonwealth 06/16/1998
No TC error re: evid.sufficient to prove committed offenses chged
0348972 Van Derrick Tucker v Commonwealth 06/16/1998
Evidence sufficient to convict for poss.of cocaine w/int.to distr
0459981 Dog Face Management, Inc., etc. v William J. Usher 06/16/1998
Summarily affirmed
0599972 Angela Marie Pettway v Commonwealth 06/16/1998
Evid.insufficient to prove embezzling beyond a reasonable doubt
1177974 James Frank Hayes v Commonwealth 06/16/1998
No TC error re: no denial of 6th Amend. right to speedy trial
1393973 David Lee Jones v Commonwealth 06/16/1998
Evidence sufficient to prove 2nd degree murder
1416973 Nishat I. Karimi v Iftekhar A. Karimi 06/16/1998
TC error re: terminating father's obligation to pay child support
1618972 Tieone Demetrist Thomas v Commonwealth 06/16/1998
TC error re:evid.insufficient to support conv.for poss.cocaine
1799971 Marque T. Knightnor v Commonwealth 06/16/1998
Evid. suff. to prove possessed firearm after conv.of a felony
1950972 Virginia H. Sarver, f/k/a V.S.Sorum v Harvey Sorum 06/16/1998
TC error re: TC had no authority to adjudicate student loan issue
2409974 Winston Jeffrey Watt v Pamela Susette Parmer Watt 06/16/1998
No TC error re: custody of parties' child to mother
2574971 Mary Beth Bundschuh v William P. Bundschuh 06/16/1998
No TC error re: husband's stock had no value
2600974 Winston Jeffrey Watt v Pamela Susette Parmer Watt 06/16/1998
No TC error re: custody of parties' child to mother
3011972 William Gary Wadford v A.D.R.Wadford & R.T.Redford 06/16/1998
No TC error re: custody of daughter to wife and Redford
3141963 Kenneth W. Barksdale v Commonwealth 06/16/1998
No TC error:no abuse of discretion in denial of mtn for new trial
0154971 Ricardo Casanova Faulk v Commonwealth 06/09/1998
Evid.proves:int.to perm.deprive owner of phone/value/int.cocaine
0217973 James Douglas Hodge v Commonwealth 06/09/1998
No TC err:not striking/giving instru.after witn made prej.remarks
0432973 Phillip B. Lester & Douglas R. Lester v CW 06/09/1998
No TC error re: denial of motion to suppress inculpatory stmts
0891972 Andre Taylor v Commonwealth of Virginia 06/09/1998
Evidence suff to convict for possession of cocaine byd reasn.doub
1003973 Jane Marie Bratton v Commonwealth 06/09/1998
Evid.suff.to supp.conviction/TC properly applied stat.presumption
1224974 Margaret Jane Cryor Gaynor v Frederick S. Hird, Jr 06/09/1998
No TC error re: equitable distribution/rental issues/suspen.bond
1322972 Herman R. Atkins, Jr. v Commonwealth 06/09/1998
No TC err:FA was part of first larc/ref.to instr.jury on Sin.larc
1487971 Leroy Ricky Etheridge v Commonwealth 06/09/1998
Evidence sufficient to support first degree murder conviction
1549971 Bettye Renee Nichols v Commonwealth 06/09/1998
No TC err re: revokation of suspended sentence/remand for new sen
1841974 Margaret Jane Cryor Gaynor v Frederick S. Hird Jr 06/09/1998
No TC error re: equitable distribution/rental issues/susp.bond
1848972 William Haller Coiner v Vickie Anne Coiner 06/09/1998
No TC err:imput.of income/val.of assets/credit for mort.pmts/IRA
1907974 Margaret Jane Cryor Gaynor v Frederick S. Hird, Jr 06/09/1998
No TC error re: equitable distribution/rental issues/suspen.bond
2779971 Capt. David P. Hickman v VA Board for Branch Pilot 06/09/1998
No TC error re: Suff.evid.to supp. Bd's findings&acted properly
3069963 Dennis Earl Stoneman v Commonwealth 06/09/1998
No TC error re:denial of mtns-sec.prelim.hrg/contin/strike jurors
0166973 Michael Summers, s/k/a Michael Scott Summers v CW 06/02/1998
No TC error: sufficient evid.to prove possess.or intent to distri
0469974 Stephen A. Sharp v Lynn C. (Sharp) Wilson 06/02/1998
No TC error:child supp.retro.to orig.pet/amt/guidelines/atty fees
0860973 Barbara Faye Carter Adkins v Commonwealth 06/02/1998
No TC error re: revoking suspended sentences
0963973 Edward Thomas Resio v Commonwealth of Virginia 06/02/1998
TC error:admitting evidence of prior convictions for burg.& rape
1054973 Robert D. Mimm v Commonwealth of Virginia 06/02/1998
No TC error re: holding appellant in contempt in front of jury
1277974 E. Anthony Shields v Barbara R. Shields 06/02/1998
TC error re: child support award (enforcing oral agreement)
1819973 Jimmy McCue Davis v Brenda Joyce Shelton Davis 06/02/1998
TC error re: redet. of equitable distribution & spousal sup award
2164973 William H. Holloway v Betty Holloway 06/02/1998
Summarily affirmed
2303973 Dennis G. Gray Bullins v Dreama Dawn Witt Bullins 06/02/1998
Summarily affirmed
2576973 Harold L. Ray v Wendall J. and Ann C. Radford, et 06/02/1998
No WCC error re: no jurisdiction to award benefits to clmt
3048971 City of Virginia Beach School Bd v Obed Chappell 06/02/1998
Summarily affirmed
0098983 Meadow Green Minute Market, et al. v Bowles 05/26/1998
Summarily affirmed
0101983 Commonwealth of Virginia v Leonard Carl Ferguson 05/26/1998
No TC error: appellant's statement was involuntarily given
0991972 Kehinde A. Ogungbade v Commonwealth 05/26/1998
No TC error re: tc's refusal to give jury instr/suff.evid to conv
1301972 Keith Marvelle Taylor v Commonwealth 05/26/1998
No TC error re: evidence sufficient to convict for grand larceny
0224983 Rachel Fleshman v Marriott & Continental Ins. Co. 05/19/1998
Summarily affirmed
1164973 William Marshall Ward v Commonwealth 05/19/1998
No TC error re: evidence suff.to prove intent to distribute marij
1308974 Sara L. Hollingsworth v Malcolm Lee Hollingsworth 05/19/1998
TC err:wife entitled to half milit.bene.rec'd by husb after reduc
1486974 Malcolm Lee Hollingsworth v Sara L. Hollingsworth 05/19/1998
No TC error re:husb.owes wife portion of retir.bene for 7/89-3/90
1807973 Harvey E. Long v Virginia Retirement System 05/19/1998
No WCC error re: denial of claim for perm. disability retire. ben
2295973 Eugene H. Scales, Jr. v CW, DSS, DCSE,Meyoki Jones 05/19/1998
Summarily affirmed
2946972 Nancy Porok v Richmond Memorial Hospital, et al. 05/19/1998
Summarily affirmed
0439974 Oludare Ogunde, a/k/a Tony Williams, s/k/a v CW 05/12/1998
No TC error: waived right to attorney voluntarily & intelligently
1676973 Tommy D. Martin, s/k/a Tommy D. Martin, Jr. v CW 05/12/1998
No TC error re: no lack of probable cause; informant reliable
2975973 Huffmon Ray Elliott v James L. Neighbors, et al. 05/12/1998
Summarily affirmed
3012972 William L. Casper v Commercial Interior, et al 05/12/1998
Summarily affirmed
0184973 Demiano D. Tinsley, s/k/a Demanio D. Tinsley v CW 05/05/1998
No TC err:bullet jacket found in body of victim properly admitted
0219972 Michael Lamont Mason v Commonwealth of Virginia 05/05/1998
No TC error: evid. not unlawfully seized/police had reason.susp.
0506974 Amy Jo Clark Etter v Craig Alan Etter 05/05/1998
No TC error re: chg in circum. re: sole custody & child support
0590973 Clarence Willis Myers v Commonwealth of Virginia 05/05/1998
Evid.proved elem.of offense byd reas.doubt app.knew was hab.offen
0645972 Stevenson Lee Shifflett v Commonwealth of Virginia 05/05/1998
No TC error re: Stat & Const. right to speedy trial not violated
0830973 Terry Wayne Jones v Commonwealth of Virginia 05/05/1998
Evid.suff.to convict for poss. of cocaine w/intent to distribute
1244972 Henry Edward Gardner v Commonwealth of Virginia 05/05/1998
No TC err:evid.suff.to supp.conv.for poss.of weapon while inmate
1569972 Emily Regina Bentley v Commonwealth of Virginia 05/05/1998
Evid.suff.perish.merch val.more than $200/retail value used O.K.
1809973 Armstrong Furniture Div., et al. v Charles Maxwell 05/05/1998
No WCC error re: evid. to support injury by accident
2148964 Simon Philip Pound v Town of Front Royal 05/05/1998
No TC err:denial of mtn to dis.re: council had not enacted ordin.
2149964 Arnold Karl Zinnecker v Town of Front Royal 05/05/1998
No TC err: denial of mtn to dis.re: council hadn't enacted ordin.
2189974 Laura B. Carver v Donald Lee Carver, Jr. 05/05/1998
No TC error re: reimbursement of child support
2486973 Carl R. Crawford v Virginia Retirement System 05/05/1998
No TC err: VRS not bound by VWCC ruling/subst.evid. to supp.VRS
2525964 Thomas Terrance Daly, s/k/a Thomas Daley v CW 05/05/1998
No TC err:not able to present evid.before jury conv.of less.off.
2857972 GT Construction Co., et al. v Jerry L. Morris 05/05/1998
Summarily affirmed
0131973 Roy T. Hutchison v Commonwealth of Virginia 04/28/1998
No TC err:admit victim's hearsay stmts under recent complaint exc
0687974 Antonio D. Martinez v Commonwealth of Virginia 04/28/1998
CW didn't fail to prove def.had actual know.of habit.off.status
0905971 Timothy Wayne Starnes v Commonwealth of Virginia 04/28/1998
No TC error re:evid.suff.to con./didn't postpone sent.post-appeal
1137973 Ezell Toronto Greene, s/k/a Ezell T. Green v CW 04/28/1998
No TC error re: robbery conviction/motion for bail denied
1441974 Leslie Warren Nichols v Lorinda K. Nichols (Bosch) 04/28/1998
No TC err:impute income to wife/child supp.guidelines/chgd circum
1491974 Margaret Pingley Arbuckle v Ezra Earl Arbuckle 04/28/1998
No TC error re: decree of TC properly adapted equit.dist.decree
1572974 Della Sue Markwell v American Conven., Inc., et al 04/28/1998
No WCC err:no comp.inj.after 1/20/95/Emp.not req.to pay coun.serv
2070974 Marc A. Pederson v Pamela L. Pederson 04/28/1998
No TC error re: denial of petition for modify child support
2072973 William H. Leighty, Director & VRS v Jane Munsey 04/28/1998
TC error re: denial of disability retirement benefits
2222973 Jerry L. Gentry v Faye J. Campbell 04/28/1998
Summarily affirmed
2285974 Lee Alexander Stevenson v Cheryl Ann Stevenson 04/28/1998
Summarily affirmed
2421974 Deborah C. Thomas v John R. Thomas 04/28/1998
No TC err:j.cust/no order re:father's consum.alcohol while w/kids
2510974 Chaya Kundra v Bobby Makheja, Malka Makheja, et al 04/28/1998
Summarily affirmed
2525972 Marshall W. Woodward, II v Loretta Mae Woodward 04/28/1998
Summarily affirmed
2588974 Hilario Mercado, Jr. v Hary L. Aymond-Gonzales,aka 04/28/1998
Summarily affirmed
2814974 Marriott Corporation v Judith D. Connell 04/28/1998
Summarily affirmed
0559972 Sean A. Jerrells v Commonwealth of Virginia 04/21/1998
TC error re: deny. mtn to supp. obtained in illegal stop of car
0983974 Ray Lynn Knott v Bonnie Lou Painter (Knott) 04/21/1998
TC had authority to enforce provision of prop. agmt by contempt
1387974 Charles A. Hitchcock, s/k/a, et al. v Commonwealth 04/21/1998
No TC error: disclosure.excul.evid/evid.fail.to appear/evid.suff
1601972 Richard W. Durrer v Commonwealth of Virginia 04/21/1998
No TC err:exclud.evid.re:conduct of CW's witness after app.arrest
2122974 Paul E. Williams v Lucille I. Williams 04/21/1998
Summarily affirmed
2276974 Kamal Datt v Alexandria Division of Social Svcs. 04/21/1998
Summarily affirmed
2388974 Courtney Wood v Harry Wood 04/21/1998
No TC err: reduction of obligations for spousal & child support
2413974 Vijay Datt v Alexandria Division of Social Svcs 04/21/1998
Summarily affirmed
2813974 Meineke Discount Mufflers & Brakes,et al. v Dankel 04/21/1998
Summarily affirmed
1086971 Scott Windfield Rogers v Commonwealth of Virginia 04/14/1998
TC err:ref.to grant continuance after CW's req.to nolle prosequi
1489974 Daniel Scott Bescher v Commonwealth of Virginia 04/14/1998
No TC error re: tc did not lack jurisdiction to hear case
1739972 Laura C. Panner v Benjamin D. Sillmon 04/14/1998
No TC error re: granting motion to transfer phys. cust. to father
1999971 Alonza B. McKeel, Jr. v Rosalie Brown McKeel 04/14/1998
TC error re: wife's $75,000 monetary award/case remanded
2283973 Steven Edward Mitchell v Elizabeth J.T. Mitchell 04/14/1998
Summarily affirmed
2445972 Robert C. Lightburn v Sheila Jones Lightburn 04/14/1998
No TC error re: equitable distr./spousal support/attorney fees.
2468973 MW Manufacturer's Inc., et al. v Henry B. Dowdy 04/14/1998
Summarily affirmed
2479974 Carolyn V. Freeman v Fairfax County School Board 04/14/1998
Summarily affirmed
2575973 Donna J. Petty v Waytec Electronics Corp., et al. 04/14/1998
Summarily affirme
2651974 Mt Vernon Hospital, et al. v Brenda A. Whatman 04/14/1998
Summarily affirmed
2714973 Glenda D. Clendenin v Mountain Empire, et al. 04/14/1998
Summarily affirmed
2806973 John C. Harriger v. Pepsi-Cola Gen.Bottlers, et al 04/14/1998
Summarily affirmed
0078972 Dennis R. Barker, s/k/a Dennis R. Barker, Jr. v CW 04/07/1998
No TC error:mtn to supp denied;Investi.didn't re-read Miranda rgt
0152972 Troy Alan Simmons v Commonwealth of Virginia 04/07/1998
No TC error: admit.evid.of prior bad acts and stmt made at hosp
0962971 Leon Anthony Wilson v Commonwealth of Virginia 04/07/1998
No TC error re: conv.for poss. of f/a by convicted felon stands
1282971 Brian Keith Cooper v Commonwealth of Virginia 04/07/1998
No TC error:intro.of prior misd.conv.for sex.assault for impeach
1502971 Kevin Stanley Painter v Commonwealth of Virginia 04/07/1998
No TC error re: jury was properly instructed on credibility issue
2931962 Robert Dewey Knott v Commonwealth of Virginia 04/07/1998
TC error re:evidence insufficient to prove voluntary manslaughter
1304974 Fairfax County Department of Family Serv. v Neidig 03/31/1998
No TC error:evid.insuff.to support finding of child abuse & negl.
1570974 William Stewart v Alice Despart, f/k/a A. Stewart 03/31/1998
No TC error:valu.of busi/equit.dist./no chg in circum re:custody
1704971 Lloyd R. Green s/k/a Lloyd Ricardo Green v CW 03/31/1998
No TC error re:revoked part of susp. sent. for viol.terms of susp
1917971 Douglas A. Perry, Sr. v Doris E. Perry 03/31/1998
No TC error: awarding spousal support & attorney's fees to wife
2593972 Buffalo Shook Company, Inc., et al. v Pryor, Sr. 03/31/1998
Summarily affirmed
2786971 Baker Roofing Company, et al. v Larry Mason 03/31/1998
No WCC err:employer failed to prove clmt released to pre-inj work
0268974 Bronson Ford Byrd v Renate Messer Byrd 03/24/1998
No TC error re: dismissing mtn to dismiss for no jurisdiction
0554973 Matthew Dean Wyatt v Commonwealth of Virginia 03/24/1998
Evid. suff. to prove byd reas.doubt app.conduct viol.Code 18.2-83
0629974 Ralph Fowler, a/k/a Ralph Mann, et al. v CW 03/24/1998
No TC error re: evid. suff. to convict for attempted murder & F/A
0820972 Richard Kenneth Wheeler v Faye Pond Wheeler 03/24/1998
No TC err:atty's fees/TC err:sp.sup/Remand:sp.supp&add'l atty fee
0972971 Darrell A. Smith v Commonwealth of Virginia 03/24/1998
No TC err:refusing to permit cross-ex of CW witness for poss bias
1398971 Horace Andrew Jones, Jr. v Commonwealth 03/24/1998
Evidence sufficient to convict for possession of cocaine
2014973 Karen Renee Tucker v James Carl Tucker 03/24/1998
No TC error re: juris. after case trans to JD&R ct/custody
2149973 Teresa J. Chittum v Gary L. Chittum 03/24/1998
No object.in trial for mtn to strike/chg custody/pref/Rule5:18
2435964 Bronson Ford Byrd v Renate Messer Byrd 03/24/1998
No TC error re: spousal support/attorney's fees for appellee
2439971 Riverside Regional Medical Ctr, et al. v Tyree 03/24/1998
No WCC err:inj.by acc.on 5/23/exclud.exp.witness/clmt prov'd inj
2111973 Commonwealth of Virginia v Ronald M. Pacheco 03/19/1998
TC error re: suppressed evid. of appellee's drug possession
0089973 Linda Darline Keene v Commonwealth of Virginia 03/17/1998
No TC error: hearsay stmts not admis.under excep.to hearsay rule
0721974 Kenneth R. Fox v Wendy R. Fox 03/17/1998
No err:duepro/prop.ser/ch.sup/sp.sup/visit/nonpart/fees/bail/recu
0731972 Arthur Rucker v City of Richmond 03/17/1998
No TC error re: no violation of U.S. 5th Amend (double jeopardy)
1094974 Kenneth R. Fox v Wendy R. Fox 03/17/1998
No err:duepro/pro.serv/ch.sup/sp.sup/visit/nonpart/fees/bail/recu
1340973 Ruth L. Gentry v. Harrisongurg-Rockingham S.S., et 03/17/1998
Summarily affirmed
1247972 Renee Agard v Anthony L. Thompson, a Minor, et al. 03/10/1998
No TC error re: refusal of circuit ct. sever parental rights
1463973 Royal Andrew Bandy v Buchanan Co. Dept. Soc. Ser. 03/10/1998
Summarily affirmed
1467974 S.W. Rodgers Co., Inc. and Valiant Ins. v Settle 03/10/1998
No WCC err:Comm.ruling not based on Code Sec.65.2-510/ref.sel.emp
2174974 Eric L. Byrom v Betty Jean Layne-Byrom 03/10/1998
Summarily affirmed
2236972 Lula May Williams Hall v Ronald Haywood Hall 03/10/1998
Summarily affirmed
2337974 Elaine Asanakis v Ice Follies & Holiday On Ice, et 03/10/1998
Summarily affirmed
2475972 Heritage Electrical Corp et al. v Chris. Laine 03/10/1998
Summarily affirmed
0118972 Della Small Wilson v Commonwealth of Virginia 03/03/1998
No TC error re: evid. suff.to convict for attempted capital murd.
0418972 Gerald McGhee v Commonwealth of Virginia 03/03/1998
No TC error: denying mtn to supp/unlawfully seized/invol.consent
0938972 Irene Cooper Silcox v Morris Philip Silcox 03/03/1998
No TC error: equit. distr. & attorney fees/TC error: spousal supp
1358972 Gary M. Zientek v Francine Y. Zientek 03/03/1998
No TC error re: reduction of child support
1426972 Dorothy M. Moses v William J. Moses 03/03/1998
No TC error re:interest in realty not gift/prosp.div.of prom.note
1593974 Patricia A. Smith v Walter H. Warme, Jr. 03/03/1998
No TC err:class.,valu.& dist.marital prop./Remand:sp.sup/mar.prop
1665971 Commonwealth of Virginia, et al. v Asphalt Roads, 03/03/1998
TC err:award bkfill/undercut/delay/admt blue bk/No TC err: overhd
2676962 Walter E. Patterson, Jr. v CW 03/03/1998
No TC error:admitting crim.complaint & allowing CW to refer to it
2720962 Tony Curtis Ingram, Sr. v Commonwealth of Virginia 03/03/1998
No TC error re: evidence suff. to prove guilt beyond reas.doubt
0453972 Jermaine Shored Davis v Commonwealth of Virginia 02/24/1998
Evidence sufficient to identify appellant as robber of a bank
0519972 Anthony Earl Shored Davis v CW 02/24/1998
Evidence sufficient to identify appellant as a robber of bank
0650971 Michael Jerome Faltz v Commonwealth of Virginia 02/24/1998
No TC error:CW proved defendant's intox. caused passenger's death
0672973 Gary W. Wright, s/k/a Gary Walter Wright v CW 02/24/1998
Evid.suff.to I.D. def.as person who broke into and entered dwell.
0736971 Meri Dell Sharbutt-Ridge v James Joseph Ridge 02/24/1998
TC err:computat.of wife's prop. int/No TC err:tax lia & atty fees
0750971 Felicia Creque v Commonwealth of Virginia 02/24/1998
TC's den.of mtn to supp.proper/when def.seized/rea.susp/5&14 Amen
0770972 Robert Eugene Lee v Commonwealth of Virginia 02/24/1998
TC err:evid.insuf.to conv.for obt'ng money by fals.pret.w/intent.
0870971 James Joseph Ridge v Meri Dell Sharbutt-Ridge 02/24/1998
No TC error re: awarding of attorney's fees
0898974 C. William Stipe, III v Jean McClung Stipe 02/24/1998
Summarily affirmed
0986971 Karen Dee Allen v William Dale Allen 02/24/1998
No TC error: refused to classify certain monies as marital prop.
1465972 Retreat Hospital and Continental Ins. v Hammersley 02/24/1998
No WCC error: cont.disab.rel'd to injury by acc/mark.resid.cap OK
1545974 Shirley Contracting Corporation v Garland Dunkley 02/24/1998
No WCC err:cre.evid.clmt totally disabled/ref.of select.employ ok
1610973 Tultex Corporation v Veola G. Brown 02/24/1998
No WCC err:empl'r failed to prove cont.disa.not rel.to inj.by acc
1881962 Robert Wesley Deans, Jr. v CW 02/24/1998
Evi.insuf.to sust.conv.byd reas.doubt for poss.of mari.in Co.jail
2096971 Regina Roberts v Chad Haiar 02/24/1998
TC held law firm in sum.civ.contempt--viol.ct.order/fine excessiv
2740962 Troy Lee Atkins, Jr. v Commonwealth of Virginia 02/24/1998
No TC err:allowing wit.to test.after wit.vio.order not to disc/IE
0675974 Carrie Clarke Colley v Commonwealth of Virginia 02/17/1998
No TC error:admit.evid(busi.records found.)/evid. suffi.to conv.
1616961 Frederick B. Smallwood, et al. v CW 02/17/1998
TC err:allowed CW expos.jury to hearsay/ref'd def.wit.rel.to evid
1653974 The Washington Post v Richard E. Bush 02/17/1998
No WCC error re:inj.by accident/reversing credibility deter.of DC
1918974 Renata Maryann Naydock Bibb v Richard Eugene Bibb 02/17/1998
Summarily affirmed
2921961 Robert V. Gallup v City of Suffolk 02/17/1998
No TC err:ordin.(Sec.18-11.1)not uncons./deni.def.stand 5&14 Amen
3139961 Darrel Hicks, s/k/a Darrell Alsaah Hicks v CW 02/17/1998
No err:refu'd Acc-aft-the-fact rob.& p.larceny jury inst/suf.evi.
0042971 Emmitt Smith v Commonwealth of Virginia 02/10/1998
No TC error re: evid.seized from residence was admissible/4th Amd
0521971 Keith A. Robinson, s/k/a Keith Andre Robinson v CW 02/10/1998
No TC error re: denying mtn to suppress crack found in appt. car
0976972 Christopher Newell Lee v Commonwealth of Virginia 02/10/1998
Evid. suff. to prove appl't construct. poss. cocaine/See 8.01-680
1004972 Malcolm A. Agnew v Baker Roofing Co. and VEC 02/10/1998
Summarily affirmed
1354974 Super Fresh Food Markets, Inc., et al. v Wortman 02/10/1998
WCC error: absence of credible evidence accident rose out of emp.
1847972 Help Welding and Mech. Corp. et al. v Larry Chitty 02/10/1998
Summarily affirmed
1892974 Barbara K. Parks, n/k/a B.M. Kundrat v Carl Parks 02/10/1998
TC's auth.to order child supp.limited to amt.provided in sep.agr
2584961 Jonathan Antonio Williams v Commonwealth of VA 02/10/1998
Evid. insuff.to prove convicted felon guilty of poss. of firearm
2689964 Tyrone James Wiggins v Commonwealth of Virginia 02/10/1998
TC failure to instruct jury harmless/other contentions meritless
2737962 Bruce Randall Allen, s/k/a Bruce Randle Allen v CW 02/10/1998
No TC err:TC refu.to req.CW to discl.stmts/dny.mtn to disqu.CW At
0388971 Gloria A. Northcraft DeWald v Andrew Andrew Dewald 02/03/1998
Case remanded for proper class.& val.of property/Code 20-107.1
0584974 Paul E. Allen v Commonwealth of Virginia 02/03/1998
No TC error: instructing jury on burden of proof for self-def.clm
0614973 Norma Jean Armistead v William P. Armistead 02/03/1998
No TC err:grant divorce(adultery)/value of mari.est./spousal supp
0676971 John Ange, Sandra Ange, et al. v Chesapeake DHS 02/03/1998
Summarily affirmed
0714971 Ronald Riddick, s/k/a Ronald J. Riddick v CW 02/03/1998
Evidence sufficient to support conviction for conceal. of goods
0903974 Terry R. Rychlik v Jeanette Riffe 02/03/1998
No TC error:cont.mom's cust & restricting father's pres.of proof
1266974 Herbert Wilmer Walker v Sharon Ann Walker May 02/03/1998
Summarily affirmed
1783972 Philip Morris USA, et al. v Vickie Lawson 02/03/1998
Credible evidence in record supports commission's award of benef.
2059973 Philip A. Cartwright v City of Covington, et al. 02/03/1998
Summarily affirmed
2108974 Jose Maria Dejesus Ventura v Dittmar Company, etal 02/03/1998
NO WCC err:return to pre-injury employ/not entitled to chg of dr.
2621961 Eugene Valentino Smalls v Commonwealth of Virginia 02/03/1998
No TC error re: failed to desig.any discrep.in trans/no cau.instr
2686962 Ronald H. Moorefield, Sr. v CW 02/03/1998
No TC error: TC admitting evid. from common areas and sons' rooms
2792962 Sean Roderic Bell v Commonwealth of Virginia 02/03/1998
No TC error: search and seizure reasonable under Fourth Amend.
3060964 Chris Gary Peters v Commonwealth of Virginia 02/03/1998
No TC err:denial of mtn to disclose surveil.loc/suff.evid to con.
0128971 Christopher Francis Flowers, s/k/a v CW 01/27/1998
TC error re: insuff.evid. to prove app't possessd FA as charged
0187971 Henry Martin McClary v Commonwealth of Virginia 01/27/1998
TC error:CW's evid.insuff.to prove appell't possessed stolen prop
0218973 Judy Powell Greene v Terry Lee Powell 01/27/1998
No TC error re: susp. of spou.supp.because wife cohab.w/boyfriend
0739973 Edward L. Mahler v Elaine P. Mahler 01/27/1998
Summarily affirmed
1066974 Willard Morris v Joanne Lynne Nagy Morris 01/27/1998
TC err:used Code 20-107.3(e)equit.dist.stat.factor/marital assets
1084973 Morgan and Morgan Const., et al. v Jennings Conley 01/27/1998
No WCC error re: sufficient evidence to support award
1214972 Charlotte D. Meadows v Virginia Retirement System 01/27/1998
No TC error: record contains subst.& adeq.evid. to supp. decision
1533974 Douglas S. Jordan v Mary Elmore Jordan 01/27/1998
No TC error re: proper amount for spousal support
1538963 Greeley Milburn Ball, Jr. v CW 01/27/1998
No TC error re:evidence sufficient to convict appellant (robbery)
1685973 Betty J. Davis v VEC and Pittsylvania Co.School Bd 01/27/1998
Summarily affirmed
1808973 Joseph Luther Slemp v Tray Coal Processors, et al 01/27/1998
Summarily affirmed
2202963 Thomas Leroy Lipscomb v Commonwealth of Virginia 01/27/1998
No TC error re: allowing jury to rehear audiotape of drug sale
3050961 Anthony James Dockery v Commonwealth of Virginia 01/27/1998
No TC error:chain of cust/TC error:insuff.evid. of poss.of marji.
0071974 Michael E. Preston v Mary Elizabeth Preston 01/20/1998
No TC error: time of sep/spousal supp/costs & fees/awd sanctions
0175974 Michael E. Preston v Mary Elizabeth Preston 01/20/1998
No TC error re: refusing to impute income to husband at trial tim
1102962 John Madison, s/k/a John Bradley Madison v CW 01/20/1998
TC erred re: prosecutions violate Code Sec 19.2-243 (speedy trial
1281974 Fannie E. Green and James R. Green v Steven Morgan 01/20/1998
Summarily affirmed
1596962 Carlton A. Vaughan, III v Commonwealth of Virginia 01/20/1998
TC erred re: prosecutions violate Code Sec. 19.2-243/speedy trial
2265964 William Alan Presley v Commonwealth of Virginia 01/20/1998
TC error: insufficient evidence to convict for vol. manslaughter
2855964 Bruce A. McKechnie v Karen MacConnell McKechnie 01/20/1998
No TC error:several cust.issues/Error:use of "mom"/visit/pos.att.
2872961 Jennifer L. Blake, s/k/a Jennifer Lynn Blake v CW 01/20/1998
No TC error re: traffic summ.was writing instrum.per Sec.18.2-168
0060973 Michael Kelly Puckett v Commonwealth of Virginia 01/13/1998
No TC err:suff.evid.to con.for fraud.removing prop.subject tolien
0288973 Michael Orville Richardson v Commonwealth 01/13/1998
Sufficient evidence to support convict. for possession of cocaine
0368973 Glenn Edward Wisdom v Faith Wisdom (Hyler) 01/13/1998
No TC error re: QDRO not sub.change & TC interp.supp.by law&fact
0705971 Alfred Wilson, s/k/a Alfred A. Wilson v CW 01/13/1998
Appellant didn't timely make req'd object. or motion/Rule 5A:18
1175973 Wellmore Coal Corporation, et al. v Williamson 01/13/1998
No WCC err: suf.evi.prov'g chg con.attri.to acci/empr.res.med.exp
1302974 Giodan, Inc., et al. v Mercedes Mendez 01/13/1998
No WCC error re:clmt's back inj.caus.related to compen.knee inj.
2195972 Abell Industries and Wood Products,et al. v Loftis 01/13/1998
No WCC err:Emplr didn't prove duties req'd of new emp.w/in wk cap
2704963 Ernie C. Williams, Jr. v Commonwealth of Virginia 01/13/1998
No TC error re: admitting evidence
2827963 Vanessa Hughes v Commonwealth of Virginia 01/13/1998
CW didn't fail to prove corpus delicti of crime/met burd.of proof
2831963 Marion Swann, s/k/a Marion Anthony Swann v CW 01/13/1998
No TC err:no accpt self-def.plea/fail to appear: visit sick bro.
2910963 James Edward Irvine, s/k/a James Irvine, Sr. v CW 01/13/1998
Evidence sufficient to prove TC's finding def. acted w/malice
3019964 Randy Pressley, s/k/a Randy Nicholas Pressley v CW 01/13/1998
No TC error: believing it lacked discretion to sentence as juven.
1785961 Star News, Inc. v Commonwealth of Virginia 01/06/1998
No TCerr:convs.2nd&sub.off&18.2-374 doesnt contra.Const.Art1Sec12
1608964 Hep Bui v Commonwealth of Virginia 12/30/1997
No TC err:allow prose.to present rebut.evid.to impeach alibi wit.
1776964 Emmitt Laron Taylor v Commonwealth of Virginia 12/30/1997
TC erred re: excluding information from jury's purview
2572962 James Hall v Commonwealth of Virginia 12/30/1997
Evid.suff.to prove malicious intent to maim, disfigure or kill
0025973 John Arthur Yiaadey v Commonwealth of Virginia 12/23/1997
Evid.suff. to prove appellant constructively possessed cocaine
0068972 Charles Nathaniel Ross v Commonwealth of Virginia 12/23/1997
No TC err re:jury instr.re:malice and didn't present dou-jeo cont
0580974 Brown & Root, Inc., et al. v Luther H. Richards 12/23/1997
No WC err re:temp.tot.dis.frm 1/95-pres//WCC err re: mkt.wrk.cap.
0947973 Jerry F. Hunter v Virginia Employment Commission 12/23/1997
No TC err re:suff. evidence to prove clmt disch'd for misconduct
1104973 Buchanan County Board of Supervisors v Ray Bostic 12/23/1997
No WCC error:clmt's disab.causually related to accident at work
1218973 City of Roanoke v Johnny G. Guilliams 12/23/1997
WCC erred when awarded perm.par.benefits
1238973 Family Health Care Associates, et al. v Perkins 12/23/1997
No WC err re:shlr.inj.rel'd to work acc./perm.part.ben/max.med.be
1290973 Perkins v Family Health Care Associates, et al. 12/23/1997
No WCC error re: evid.suff./clmt able to rtn to pre-injury duties
1303973 John Wade Dulcie v G & A Coal Company, et al. 12/23/1997
WCC error re:clmt provd recent tear caus.rel.to previous comp.inj
1706972 James W. Peach, Jr. v Talley Sign Company, et al. 12/23/1997
Summarily affirmed
1877972 Thomas R. Brandon, Jr. City of Richmond Fire Dept. 12/23/1997
Summarily affirmed
2037972 ARC Electric, Inc., et al. v James A. Godwin, Jr. 12/23/1997
Summarily affirmed
2482962 Robert Earl Chalmers v Commonwealth of Virginia 12/23/1997
Evid.suff.proved bynd reason.doubt mat.seized more than 5lb marij
2773963 Deborah Lillian White v Commonwealth of Virginia 12/23/1997
Evidence sufficient to prove counts of malicious wounding
2777963 D. J. Cooper v Commonwealth of Virginia 12/23/1997
No TC error re: dnd mtn to dis/insuff.evid/admittd evid.
0782972 Edwin Eugene Gelletly v Elana H. Gelletly 12/16/1997
Summarily affirmed
0873973 Hardee's of Amherst, et al. v Nancy J. Johnson 12/16/1997
No suff.causal connection between clmt's wk environment & injury
1107971 Stephen Elwood Gilman, II v Nicole Yvette Walton 12/16/1997
Summarily affirmed
1667974 Virginia Power v Tim B. Brueser 12/16/1997
Summarily affirmed
2474962 Michael Taylor, s/k/a Michael W. Taylor v CW 12/16/1997
Insuff.evid.to prove beyond Reas.Dbt.intent to take prop.of anoth
2783963 Jerry Lynn Gibson v Commonwealth of Virginia 12/16/1997
Evid.suff.to support def't acted w/intent to maim,disfig. or kill
2951963 Barry Samuel Camden v Commonwealth of Virginia 12/16/1997
Insuff.evid.to prove intent to steal and value of prop.less $200
0555972 Stepforn Dailey v Commonwealth of Virginia 12/09/1997
Evi.suff.to con.for B/E w/int to murder,rape or rob/was rea.doubt
1065971 Kenneth E. Cobb v Shaw Paint & Wall, et al. 12/09/1997
Summarily affirmed
1394972 Home Entertainment Video, et al. v Karen L. Toombs 12/09/1997
No WCC error re:clmnt's injury causally related to comp.accident
1406974 Lynda L. Galligan v William P. Galligan 12/09/1997
Summarily affirmed
1496964 Joshua Mark Testa v Commonwealth of Virginia 12/09/1997
No TC error re: CW not failed to ID appellant/evidence sufficient
1568972 William L. Adair v Bunyon First Products, et al. 12/09/1997
Summarily affirmed
1571974 Anita A. Miller v Fairfax Co. School Board 12/09/1997
Summarily affirmed
1756974 Wampler-Longacre, Inc., et al. v Kathy L. Custer 12/09/1997
Summarily affirmed
1779971 Crowder Construction, et al v Wayne E. Ellis 12/09/1997
Summarily affirmed
2489963 Danny Ricardo Jones v Commonwealth of Virginia 12/09/1997
Insuff.evid.to supp.conv.for use of F/A in comm.of mrdr/no malice
2528963 Jeffrey Scott Wright v Commonwealth of Virginia 12/09/1997
No TC error re:deny'g mtn to sup LSD b/c offcr beyond terri.juris
2532961 Eugene Lloyd Spruill, Jr. v CW 12/09/1997
TC err-in o'ruling Batson challenge to two CWs peremptory strikes
2559964 Isaac Amaya-Portillo, s/k/a v CW 12/09/1997
No TC error re: admitting certificate of blood analysis
2970963 Roger Kyle Davis, s/k/a Roger Kyle Davis, Sr. v CW 12/09/1997
No TC err:strikes frm jury no vio Equal Pro/jury inst.re flt evid
0195974 Anthony A. Sanchez v Melanie Sanchez 11/25/1997
TC abused discretion in awarding wife's attorney fees to
0293972 Terrell R. Mayo v Commonwealth of Virginia 11/25/1997
Insufficient evidence to support statutory burglary conviction
0623974 Susan Deskin v Clarke Co. DSS and Daniel Deskin 11/25/1997
Evidence sufficient to support TC's determination child neglected
0683974 Gates Hudson & Assoc., Inc., et al v Maria Diaz 11/25/1997
No WCC error re:finding claim'ts injury arose in course of employ
1069972 Bagby Electric of VA, et al. v William B. Clark 11/25/1997
No WCC error re: appellant adequately marketed residual work cap.
1471974 Commonwealth of Virginia v Sharon McIntyre 11/25/1997
TC erred:fdg no prob cause for warr&ref.to apply good faith exept
1523971 Commonwealth of Virginia v Larry S. Baumgardner 11/25/1997
TC erred when granted mtn to supp evid. after warrantless entry
1780964 Jimmie McAurther Wright v Commonwealth of Virginia 11/25/1997
Insufficient evidence to convict for poss of cocaine w/intent
2802964 Robert Eugene Hughes, III v CW 11/25/1997
TC erred when admitted into evidence cert.blood alcohol analysis
2883964 Ronald Walter Wachtler v Commonwealth of Virginia 11/25/1997
No TC error re: allowed witness to comment appellant had drug pro
2994961 William Henry Davis v Commonwealth of Virginia 11/25/1997
No TC error re: evid.suff. to convict for possession of cocaine
3194961 Johnny Lundy v Commonwealth of Virginia 11/25/1997
No TC error re: allowing doc. into evidence/evidence sufficient
0514971 David J. Senechal v. Carol F. Senechal 11/18/1997
TC erred re:mod.spousal supp.contrary to prov. of agrm't & decree
0530971 Dog Face Management, et al. v William T. Usher 11/18/1997
No WCC error re: finding clmnt was employee not indep.contractor
1024971 Chapman Lumber Company, et al. v Gregory Greene 11/18/1997
No WCC err re:clmt ent'led to bene.from 4/95/remanded re: reports
1034971 Virginia Commonwealth University v Gail H. Blowe 11/18/1997
No WCC err re:clmt's psych.probs. a comp.conseq.of earlier injury
1125971 Samuel Bunyan Davis, Jr. v Louise Barclay Davis 11/18/1997
Summarily affirmed
1386973 Patricia D. Hutton v Sterling Casket Hardware, et. 11/18/1997
Summarily affirmed
1598974 Safeway Stores, Inc. v Tammie Danise Rule 11/18/1997
No WCC error re: finding Rule not released to rtn to p'injury wrk
1603973 Heyward J. Tumlin v Goodyear Tire & Rubber Co.etal 11/18/1997
Summarily affirmed
1924964 Adonis G. Hicks v Commonwealth of Virginia 11/18/1997
No TC err re:suff.evid.to prove aware of pres.cocaine/jury quest.
2293964 Rebecca Braddock v Fairfax Co. Dpt. of Family Svcs 11/18/1997
Summarily affirmed
2601964 Anthony Wells v Cynthia North Wells 11/18/1997
No TC error re: equitable distribution and spousal support awards
3084961 Danyel Brown, s/k/a Danyel Olandiz Brown v CW 11/18/1997
NoTC err re:eachof felonies comm'd by def.are sep.vio.of18.2-53.1
0711972 Anita Seidl v Depmt. of Soc. Services, Henrico Co. 11/10/1997
Summarily affirmed
1111973 Virginia Joyce Miller Smith v Randolph McD. Smith 11/10/1997
Summarily affirmed
1121974 Gerald James Miatech, Jr. v Mary Jean Miatech 11/10/1997
Summarily affirmed
1237972 Karen L. Vanwinkle v VA Employment Comm & Ammar's 11/10/1997
Summarily affirmed
1345974 Michael S. Lumb v McLane Foods, Inc., et al. 11/10/1997
Summarily affirmed
1388971 Robert William Fitzhugh v Gloria Dupree 11/10/1997
Summarily affirmed
1410972 A & K Service Corp., et al. v Robert D. VanDyke 11/10/1997
Summarily affirmed
1411972 Hardees of Charlottesville #3, et al. v Crawford 11/10/1997
Summarily affirmed
2925961 William Anthony Grant v Commonwealth of Virginia 11/10/1997
No TC error re: refus'g to supp.evid/fnd suffic't evid.to convict
0036962 Leonard Shelton Jackson v Commonwealth of Virginia 11/04/1997
No TC error re:Evidence not illegally seized/declin'd mtn to supp
0761972 Colonnades Marriott, et al. v. Princess E. Durden 11/04/1997
No WCC error re:amend wkly wage/cont'g disb'ty re'd to orig.inj.
0808972 Evelyn Christian Brydon v Robert Carter Brydon 11/04/1997
TC erred in terminating husband's obligation to pay spousal supp.
1975961 Charles Lee Britt, Jr. v Commonwealth of Virginia 11/04/1997
Evidence insuff.to support con.of poss of cocaine w/intent to dis
2142964 Jason Robert Murray v Commonwealth of Virginia 11/04/1997
No TC error in admitting certificate of breath alcohol analysis
2340962 Walter E. Patterson, Jr. v CW 11/04/1997
Insuff.evi.to convict for dist.imi.control.sub.(Code18.2-248(G))
2636962 Jesse Wilson v Commonwealth of Virginia 11/04/1997
Evidence insuff to convict under Code Sec 18.2-67.4/remanded
2731962 Norris Edward Stanley v Commonwealth of Virginia 11/04/1997
No TC err:counsel didn't chall.suff'cy of evi. at trial(Rule5:18)
2734962 Dwayne Ronald Harley v Commonwealth of Virginia 11/04/1997
No abuse of discretion re: resentencing
2896962 Sherman Jones v Commonwealth of Virginia 11/04/1997
Evid.suff to convict for petit larceny/viol. of Code S 18.2-103
0192974 Santo Sheffey-Bey v Arlington Dept of Human Serv. 10/28/1997
No TC error: Ftr.failed to subst'ly remedy cond.led to fostercare
1312961 Toby Stephens, s/k/a Toby Dane Stephens v CW 10/28/1997
No TC error in denying post-sentence mtn to W/D guilty pleas
1313961 Toby Stephens, s/k/a Toby Dane Stephens v CW 10/28/1997
No TC error in denying post-sentence mtn to W/D guilty pleas
1910963 Carl Anthony McKenley v Commonwealth of Virginia 10/28/1997
No TC error re: improp.jury inst./insuff.evid./verdict form inval
2369962 Dontae Renee Holton v Commonwealth of Virginia 10/28/1997
Evid. suff. to convict for att. capital murder and use of firearm
2423962 Clarence Williams, Jr. v Commonwealth of Virginia 10/28/1997
No TC error re:den'd mot.for cont/den'd mot.for m'trl/OR jury ins
2437963 Charles R. Carpenter v Judy Ann Smith Carpenter 10/28/1997
TC judg't af'd re:restore mar'l funds/remand TC:wife's attys fees
2527961 Don Ray Hudgins v Karen C. Hudgins 10/28/1997
No TC error in determ'g:support/arrearage/pymt master fees&costs
3214961 Luther Earl Bracey, s/k/a Luther Bracy v CW 10/28/1997
Evi.suff. beyond rsn'able doubt Bracey poss'ed sawed-off shotgun
0096974 ITT Teves Automotive, et al. v Lorraine H. Johnson 10/21/1997
No WCC error in awarding claimant temporary total incapacity bene
1280973 Commonwealth of Virginia v James Anthony Younger 10/21/1997
TC erred in granting Younger's motion to suppress
1420973 Community Health Care, et al. v Cordelia Hannah 10/21/1997
No WCC error in denying employer's application re: change in cond
1482974 Magic Pan Int'l and Vigilant Ins. v. D. Robertson 10/21/1997
No WCC error: emp. resp. for med treat.at hosp/diagnostic testing
1578961 Jerome M. Gore, s/k/a Jerome Maurice Gore v CW 10/21/1997
TC erred by overruling object. to CW removing black venirepersons
0055973 ABB Paint Finishing and Birmingham Fire v Henley 10/14/1997
No WCC error in finding claimant made reason. eff. to market cap.
0906971 Commonwealth of Virginia v Tony Maurice Davis 10/14/1997
TC erred in granting motion to suppress/Code Section 19.2-398
1087974 Stratford and Monticello Square Apts et al v Sharp 10/14/1997
Summarily affirmed
1260974 Carmel Green Houses, et al. v Mohammad Hammoudeh 10/14/1997
Correction to page 1, paragraph 1 - pre-injury should be post-inj
2053963 Terry O. Rollins v Commonwealth 10/14/1997
No TC error admit.into evid.sexually explicit items found in home
2166963 Larry Dean Blackburn v Commonwealth 10/14/1997
TC violated statutory right to speedy trial per Code Sec 19.2-243
2804962 Wanda Kaye Turner v Commonwealth 10/14/1997
TC erred in denying mtn to strike evid./CW failed to prove venue
0511974 Raphael Jeu v Hyatt Regency Reston, Wausau Ins. 10/07/1997
Summarily affirmed
0791972 Ronald Keith Burner v Martha Dickinson Burner 10/07/1997
Summarily affirmed
1077963 Matthew J. Blackstone v Commonwealth 10/07/1997
No tc error re: test non-exp/adm test&photo evid re: reli/inad.id
1149971 Linwood W. Burt v McLean Contracting Co., et al. 10/07/1997
Summarily affirmed
1251974 Washington Metro. Area Transit Authority v McNeil 10/07/1997
Summarily affirmed
1389971 Barry Woodward v Amoco Oil Company 10/07/1997
No wcc error finding condition not causually rel. to injury byacc
1415972 Tidewater Construction Corporation v C. Burney 10/07/1997
Summarily affirmed
1708963 Kenneth David Newton v Commonwealth 10/07/1997
Insuff.evi to prove dist mari over 1/2 ounce/permit "target" test
1940963 Darrell Lynn Saunders v Commonwealth 10/07/1997
No tc error finding home appel. broke in was dwelling of another
2269961 Ricky DeWayne Rogers v Commonwealth 10/07/1997
No t/c error allowing witness to id by video/evid suff to convict
2318964 Mark Allen Haydon v Commonwealth 10/07/1997
Tc erred ruling officer had reasonable suspicion to stop vehicle
2452963 William A. King and Margaret King v. Alice M. King 10/07/1997
No tc error awarding custody to mom/no restrict contact w/friend
2809961 Leo Lamont Vereen v Commonwealth 10/07/1997
No tc error by continuing trial, sua sponte, after CW rested
2953963 Terry Lee Meadows v Commonwealth 10/07/1997
Evid. suff-mem.of mob/intent mal wounding/view CW favor mtn strke
0354973 Jeral R. Robbins v Penn Line and Home Indemnity 09/30/1997
No error in WCC's ruling re: denial of compensation benefits
1196973 Bobby Hay, T/A Up Front Painting v Danny E. Powell 09/30/1997
Summarily affirmed
1264963 Larry Furches Blevins, Sr. v Commonwealth 09/30/1997
T/C erred in denying speedy trial claim
2244961 Antonio Eugene Davis v Commonwealth 09/30/1997
Suff.evid.to convict for 2d murder/attempt.rob/consp. commit rob.
2776961 Robert C. Tindall v Lynne L. Tindall 09/30/1997
Summarily affirmed
0074971 Ceres Marine Terminals, Inc. and Aetna Ins. v Ward 09/23/1997
Empl'er denied credit ag'st award for bene. prevs'ly paid claiman
0259971 Old House Specialists, et al. v David R. Coleman 09/23/1997
WCC erred in awarding claimant benefits for work-related injury
0269972 Grayson Mitchell, Inc., et al. v Ernest Hamlette 09/23/1997
WCC erred in award temp total dis to claimt/no notice from claimt
0384971 York Co. Public Schools, et al. v Dollie Marshall 09/23/1997
No WCC error award med & perm partial dis ben for wk-rel'd injury
1098974 Albertus Baker v Washington Metro Area Transit Aut 09/23/1997
Summarily affirmed
1152974 Ogden Martin Systems and Ins. Co. of PA v Lloyd 09/23/1997
Summarily affirmed
1473962 Johnny R. Breeden v Commonwealth 09/23/1997
Evidence suff. to support conviction for poss of concealed weapon
1621964 Ralph L. Bennett v Joyce R. Bennett 09/23/1997
No tc error re: equit. dist/disa. ret. ben, sep.prop/spousal supp
1998962 David Eugene White v Commonwealth 09/23/1997
Evidence suff to support convict/no tc error re: sent. guidelines
2100961 Craig Aaron Hooper v Commonwealth 09/23/1997
No tc error for failure to appear/Code Section 19.2-128
2219961 Ronnie Lee Banks v Commonwealth 09/23/1997
Evid suff to convict for poss cocaine/int to dist Code S 18.2-248
2251961 Raymont D. Armstead v Commonwealth 09/23/1997
No tc error deny mot/con. to sub r.counsel/Code 19.2-159.1/6Amend
2459961 Narrio R. Gibbs, Jr. v CW 09/23/1997
Evidence suff re: left corr facility/escape-Code Sec.18.2-479(B)
2503962 Guy C. Amburgey, Jr. v Commonwealth 09/23/1997
No error t/c in reasonable stop based on info fr. unnamed citizen
2544962 Dwayne D. Roark, s/k/a Dewayne D. Roark v CW 09/23/1997
No tc error denying mot. new trial/pretrial stmt disc Brady info
2602961 Moses Henry Carney, Jr. v Commonwealth 09/23/1997
Evidence sufficient to convict for possession of cocaine
2692962 John R. Maxey v Willavene H. Maxey 09/23/1997
No tc error in wife's certain percent int. in 2 parcel real prop.
2937962 Alfred Christian Darlington v Commonwealth 09/23/1997
Insuff. evid. for conviction for manu. marijuana not for own use
2946961 Richard Sell and Diane Sell v. Benito Palmarini 09/23/1997
Pre-mature denial of petition for adoption
3167961 Doris Burnette Geddis v Walter Clarence Geddis 09/23/1997
No tc error re:imputed wife's income/insufficient spousal support
0660972 Guadalupe Flores v Richmond Department of Soc. Ser 09/16/1997
Summarily affirmed
0860962 Victor Francis, s/k/a Victor Lynn Francis v CW 09/16/1997
Evid.suff. to prove principal in second degree in sale of herion
1771962 Jose Caba v Commonwealth 09/16/1997
No unreasonable search and seizure/voluntary consent
2640962 Timothy Joseph Levi v Commonwealth 09/16/1997
No error in t/c for denial of motion to suppress during search
3046962 Dabney C. Robertson (Lang) v James L. Robertson 09/16/1997
Equit. Dis/calculation of credit from proceeds of marital home
0081971 Lois A. Apelt v Egon R. Apelt 09/09/1997
Summarily affirmed
0753972 Michael T. Bowles v Linwood Wayne Wingo 09/09/1997
Summarily affirmed
0773971 Brenda Louise Hunter v Darrell Eugene Hunter 09/09/1997
Summarily affirmed
0857973 Commonwealth v Gary Lynn Jones 09/09/1997
Motion to suppress/traffic stop
0879974 County of York Fire & Rescue/VA Municipal v Dinse 09/09/1997
Summarily affirmed
0896973 George P. Thomas v Richardson Bldr & Southern Ins 09/09/1997
Summarily affirmed
1017971 Freddie J. Fleming v Snap Cont'g and Twin City Ins 09/09/1997
Summarily affirmed
1037974 Thanh Tu Tran v Browns Servs and Ohio Casualty Ins 09/09/1997
Whether wcc erred in denying award of temporary disability bene.
1077972 Vernon M. Rogers v Home Bene. Life and F&G Insur 09/09/1997
Summarily affirmed
1105971 Food Lion, Inc. v Brian D. Betts 09/09/1997
Summarily affirmed
2078964 Andrew T. Schneider v Denise M. Schneider 09/09/1997
No err in t/c husband mtn for mod of spouse sup/wife mtn atty fee
2153964 Denise M. Schneider v Andrew T. Schneider 09/09/1997
no error t/c deny husbands mtn mod spousal spt/wifes mtn atty fee
2234963 Gregory Scott Addison v Commonwealth 09/09/1997
T/c conviction first degree murder, stalking, use of firearm
0470974 Dora L. Moore v Alphonso W. Moore 09/02/1997
Summarily affirmed
0509971 Jacob Jarman v Commonwealth, DSS, DCSE, Hanley 09/02/1997
Summarily affirmed
0531974 James D. Quinn v Veronica Quinn 09/02/1997
Summarily affirmed
0895974 Wrangler, Inc. v Colleen D. Greene Kirtley 09/02/1997
Summarily affirmed
0992963 Dana Chenault v Edward E. Mangus 09/02/1997
Summarily affirmed
1009973 Davis H. Elliot Company, Inc., et al. v E. Price 09/02/1997
Summarily affirmed
1146972 William Harris v Newington Services, Inc., et al 09/02/1997
Summarily affirmed
2551963 Walter Paul Benda v Yoko Mizuno 09/02/1997
Summarily affirmed
0617974 Thomas Myerchin v Heart Corporation, et al. 08/26/1997
no error denying benefits for failure to market residual work cap
0633974 U.S. Automotive Manu., et al. v Maurice Gordon 08/26/1997
Summarily affirmed
0813972 Commonwealth v Allen Eugene Harris 08/26/1997
no error in t/c finding lack of reasonable suspicion
0858972 Georgia-Pacific Corporation v Antionette Hicks 08/26/1997
Summarily affirmed
0864972 Curtis S. Smith v City of Emporia, et al. 08/26/1997
no error in denying app. for award of comp. benefits
0897971 Mark S. Allen v City of Norfolk Police Dept. et al 08/26/1997
Summarily affirmed
1147974 Toni Wood v Diana C. Snipes and Leroy E. Snipes 08/26/1997
Summarily affirmed
3145962 Susan C. Latuche v Randall A. Latuche, Sr. 08/26/1997
Summarily affirm
3208964 Ann Began Furman v Harold Warren Furman, II 08/26/1997
Summarily affirmed
0318962 Bruce Williams v Commonwealth 08/19/1997
no error in denying motion to suppress evidence
0662964 Edward Hakspiel v Commonwealth 08/19/1997
no err in t/c refusing to instruct jury on abolition of parole
0249972 Mary Powers, n/k/a, etc. v Chesterfield-Col. H DSS 08/12/1997
Summarily affirmed
0382971 John A. Fulcher v Linda S. Fulcher 08/12/1997
Summarily affirmed
0874971 Econo Clean Janitorial Serv et al v Flora Emerson 08/12/1997
No error in proving claimant sustained injury by accident on job
1873952 Phillip D. Waller, a/k/a, etc. v Commonwealth 08/12/1997
No error in failing to prove chain of custody of sub.and admitt.
3115961 Norfolk Shipbuilding, etc. v Barbara Diane Gorski 08/12/1997
Error in temp part dis benefits, no error in market res work cap
3131961 Barbara Diane Gorski v Norfolk Shipbuilding, etc. 08/12/1997
Error in tem part dis benefits, no error in market res work cap
0266974 Karen Ryan v Douglas W. Ryan 08/05/1997
SA
0704973 National Fruit Prod Co Inc et al. v Beth Winters 08/05/1997
SA
0730971 Commonwealth v John Edward McBrien 08/05/1997
T/J erred in suppressing appellee's statements to police
0779971 Williamsburg Soap, etc., et al. v Debra J. Eames 08/05/1997
No err by comm in holding claimant did not refuse medical treat.
0788973 ABF Freight System, Inc. v Keith E. Johnson 08/05/1997
SA
1707962 Eugenie Sterling Trotter v John C. Maxwell, Jr. 08/05/1997
Error in t/c judgment that husband violated alimony provision
1742961 John Stevens Norris, Jr. v Amy Ann Norris 08/05/1997
No error in miscalculating husband's gross income, etc.
2470952 Ernest L. Douglas, s/k/a v. Commonwealth 08/05/1997
Unlawful warrantless search made, error in suppressing evidence
2507952 Richard Franklin Palmer v Commonwealth 08/05/1997
No error in striking veniremen, refusing to grant mistrial, etc.
0170973 Rick Morin v Tracey Morin 07/29/1997
Summarily affirmed
0204974 Caroline Sjoblom v Thomas Sjoblom 07/29/1997
Summarily affirmed
0311972 Mary Brumskill v Austin E. Brumskill 07/29/1997
Summarily affirmed
0371971 Bobby R. Thacker v Sandra M. Thacker 07/29/1997
Summarily affirmed
0387972 Hallett v St. Mary's Hospital, et al. 07/29/1997
Summarily affirmed
0477973 Super 8 Motel, et al. v Cynthia Rosalie Breeden 07/29/1997
Summarily affirmed
0480973 Brenda McCrouah Willis v Carilion Health Sys et al 07/29/1997
Summarily affirmed
0525973 Jose O. Perez v Blauch Brothers, Inc., et al. 07/29/1997
Summarily affirmed
0542973 Paulette's Dusters & Robes, et al v Juanita Howell 07/29/1997
Summarily affirmed
0572971 Safeway, Inc. v Marion Boswell Arrowood 07/29/1997
Summarily affirmed
0642973 Adams Construction Co. v Clarence Ray Bousman 07/29/1997
No error in proving award of compensation benefits
0762974 Truland Sys. Corp, et al v Richard L. Portorsnok 07/29/1997
Summarily affirmed
0882974 Michael A. Foti v Arlington County 07/29/1997
Summarily affirmed
1062962 Raheem Vauter v Commonwealth 07/29/1997
No error in admitting statement to police of poss of cocaine conv
1803962 Gerald Albert Adkins v Nabisco Biscuit 07/29/1997
No error in st of limit, doct of equit estoppel, emp cond, de fac
2157962 Sharon Lynne Bottoms v Pamela Kay Bottoms 07/29/1997
Petitions for custody b/c of visitation violations remand to t/c
2259963 Alexandria Kitchen & Bath etc, et al v Gary Hare 07/29/1997
Error in denying application to terminate wcc benefits
2670964 LMI Insurance Company v. Foley, et al. 07/29/1997
No error in holding appellant liable for wcc benefits
2671964 LMI Insurance Company v Foley, et al. 07/29/1997
No error in holding appellant liable for wcc benefits
2859964 Carlos A. Real v Tower Electric Company, et al. 07/29/1997
No error in awarding temp total disability benefits
1893961 Santarejai Antarinn Brown v Commonwealth 07/22/1997
Fourth and Fifth Amend rights violated
1895961 Ronald Wayne Brinkley v Commonwealth 07/22/1997
Evidence sufficient to support possession of cocaine conviction
2224962 Leon A. Walker v Commonwealth 07/22/1997
t/c erred in denying motion to suppress for possession of cocaine
2830964 Mobil Oil Corp., et al. v Walter E. Hurst 07/22/1997
No continual disab., claimant inadequately marketed residual cap
0156961 Stephen Carl Irick v Joan Goodson Irick 07/15/1997
SA
0265974 Commonwealth of Virginia v Mouncey Ferguson, Jr. 07/15/1997
Error in t/c suppression order
0430973 Curtis Tony Beverly v Town of Wise, et al. 07/15/1997
SA
0564974 Valerie M. Meredith v Safeway, Inc. 07/15/1997
SA
0707971 Newport News Bapt Ret Comm, et al v Cheryl Kennedy 07/15/1997
SA
2006963 Troy Eugene Braxton v Commonwealth 07/15/1997
No error in refusal to suppress evidence for cocaine poss. conv.
2012961 Commonwealth of Virginia DMV v Gary Wayne Stafford 07/15/1997
Error in t/c habitual offender conviction
2454963 Billy Fisher v Commonwealth 07/15/1997
All evidence sufficient for poss. of cocaine conv
2497962 Harold Francis Sheppard v Cynthia Caudle Sheppard 07/15/1997
Error in t/c decision, remanded for enforcement of agreement
2555962 James B. Montgomery v Patricia Talbot 07/15/1997
Error in joint custody/physical custody arrangement
2557962 Murray L. Steinberg v Katherine T. Steinberg 07/15/1997
SA
2814964 Function Ent., Inc., et al. v Rod Frederick Brown 07/15/1997
Error in calculation of claimant's weekly wage. Dissent
3025952 Rochelle Susan Beardslee v William Clary, et al. 07/15/1997
SA
3042962 Capital Land, Inc., t/a, etc. v Virginia ABC 07/15/1997
Appellee's brief filed
0329971 Cox Cable Hampton Roads, et al. v James Bowman 07/08/1997
Refusal to change treatment of appellee order, without merit SA
0344974 Aaron L. Jestice v Evelyn I. Jestice 07/08/1997
Decision to admit certain requests, appeal without merit SA
0366972 Herbert W. Lux, Jr. v Jack Kotvas, Dir., etc. 07/08/1997
Decision to pay claim affirmed SA
0413971 Lillie Louise Peterson-Seivertson v Ford Motor Co. 07/08/1997
Award of permanent partial disability benefits, no merit, SA
0513974 W.C. Hall Gen Hauling Inc et al v Edward B. Blaine 07/08/1997
Good faith effort is without merit, SA
0781971 Ned N. Cary, Jr. v Anheuser Busch et al. 07/08/1997
Failure to prove occupational disease sustained from emp. SA
1408961 Robert L. Branch, s/k/a v CW 07/08/1997
Conviction of robbery affirmed
1851964 Carl O. Patton v Linda Giuliano Patton 07/08/1997
No error in child support obligation
2675962 John Barry Donohue Jr v Mary Patricia S Donohue 07/08/1997
Equitable dist. award, affirmed in part, rev. in part & remanded
2829963 Westmoreland Coal Company v Willie M. Gibson 07/08/1997
reinstating temp. disability benefits improperly considered
2934954 Edward T. Atorick 07/08/1997
No error found in aggravated sexual battery conviction
3031964 Nova Supply, Inc. v Michael G. Clark 07/08/1997
Compensation award affirmed
3045964 Cynthia Lunette Avey v Thomas Gregg Avey 07/08/1997
Payment of child support by appellee, appeal without merit SA
3083961 Crizmar, Inc. t/a, etc. v Helen L. Sanborn, et al. 07/08/1997
Award of benefits properly made
3168963 William Henry Tanger III v Flavia Diaz de Tanger 07/08/1997
Spousal support modifying order affirmed
0133973 Clinton's Repair Service, et al. v Terry W. Lester 07/01/1997
injury by accident arising out of employment, etc. (SA)
0139973 David Stewart Jones v Arleen Catherine Jones 07/01/1997
equitable distribution (SA)
0214974 Audubon Tree Experts, et al. v Kurt F. Reighard 07/01/1997
no error in award of temporary total disability benefits (SA)
0369962 Kevin Chase Newman v Commonwealth 07/01/1997
no requirement that jury be told about parole eligibility
0452971 William E. Webster v E.V. Williams Co., et al. 07/01/1997
unjustifiable refusal of selective employment (SA)
0690962 Harry Antwan Traynham v Commonwealth 07/01/1997
no error in murder and attempted murder convictions
1004961 Elbert Smith, Jr. v Commonwealth 07/01/1997
second degree murder and related use of firearm
1759962 Richard Donald Hegedus v Commonwealth 07/01/1997
error in jury instruction; lesser-included offense unlawful wound
2473952 George Robert Newby, Jr. v Commonwealth 07/01/1997
Rape, forcible sodomy and animate object sexual penetration
2646963 State Farm Insurance, et al. v Earl Wayne Hancock 07/01/1997
injury by accident, etc.
3199961 Theresa Louise Bedard v Michael Scott Bedard 07/01/1997
spousal support (SA)
0188964 John Patrick Hanley v Commonwealth 06/24/1997
no error in refusing to strike juror
0270972 Mary E. Lewis v Sears Roebuck & Co., et al. 06/24/1997
failed to prove injury by accid. arising out of employ, etc. (SA)
0271971 Commonwealth v Chad Everett Spencer 06/24/1997
no error in granting motion to suppress evidence
0440973 Corte Co., et al. v Fred Eugene Holdren 06/24/1997
permanent total disability (SA)
0499964 Robert Mason, etc. v Commonwealth 06/24/1997
juror had requisite language skills to qualify as impartial juror
0610962 Milton Gaither v Commonwealth 06/24/1997
suff evid to support convicts of conspiracy to dist. cocaine, etc
1089964 Thomas J. Carroll, Jr. v Commonwealth 06/24/1997
transcript or written statement of facts necessary for review
1220964 Earl Bobby Walker v Commonwealth 06/24/1997
defendant was never arraigned on indictment
1666961 Antoine D. Pittman, etc. v Commonwealth 06/24/1997
suff. evidence to support convict of robbery & use of firearm
1807962 Elvin Robertson v Commonwealth 06/24/1997
evidence established possession
1859962 Lewis H. Clementson v Nancy Taylor Clementson, etc 06/24/1997
child custody
1986961 Gilberto Eadley Hansell v Commonwealth 06/24/1997
sufficient evidence to prove intent to distribute marijuana
2481963 William R. Perrigan v Clinchfield Coal Company 06/24/1997
failure to market residual work capacity
2563963 Augusta Lumber & Supply, et al. v James F. Truslow 06/24/1997
injury by accident arising out of employment (SA)
2881961 B. Jacquelyne Morrell v Charles Morrell 06/24/1997
equitable distribution (SA)
3105962 Northside Electric Co., et al. v Norbert S. Hicks 06/24/1997
disability causally related to injury by accident
0008972 Westpoint Stevens-Drakes, et al. v Dorothy Davis 06/17/1997
injury by accident
0058973 P.D. Interiors, Inc., et al. v James R. Armistead 06/17/1997
change in condition related to compensable injury (SA)
0075972 Albemarle School Board, et al. v Virgie I. Morris 06/17/1997
heart ailment and death related to work-related accident
0095971 John C. Edwards, III v Hoar Construction, et al. 06/17/1997
failure to prove compensable industrial injury (SA)
0224972 Gwynne Strickland v Cacique, et al 06/17/1997
disability not related to injury by accident (SA)
0247972 MCV, School of Dentistry v Hawkins 06/17/1997
injury by accident arising out of employment (SA)
0520964 James Billy Henry v Commonwealth 06/17/1997
threatening to burn a home in violation of Code 18.2-83
1142962 Robert Rayfield Jones v Commonweatlh 06/17/1997
no error in refusing to give jury proffered instruction
1201961 Julie Harris, etc. v Commonwealth 06/17/1997
felony child neglect
1315962 .Olaolu Wilson Oyejola v Commonwealth 06/17/1997
error in conviction of credit card fraud
1500964 Thomas Pierce Smith v Commonwealth 06/17/1997
no error in admitting evidnece of previous crime
1920961 Brian Taylor, etc. v Commonwealth 06/17/1997
violation of code 53.1-203(2)
2348962 Nancy M. Jaffe v Stephen L. Jaffe 06/17/1997
spousal support and equitable distribution
2771964 Fairfax School Board v Lisa M. L. Puebla 06/17/1997
medical problems not related to industrial accident
3095962 Ronald I. Powers v Joan S. Powers 06/17/1997
error in custody award
0087971 John Nicholas Delia, Jr. v VA. Electric & Power Co 06/10/1997
no error in denying compensation for lost overtime hours (SA)
0122962 Richard William Webb, etc. v Commonwealth 06/10/1997
no error in allowing medical witness' testimony
0150972 Bert Ray Forbes v. Creative Screen Print, et al. 06/10/1997
failure to prove occupational disease arising out of employ. (SA)
0191973 North branch Coal Co., et al. v Gerald W. Cordle 06/10/1997
claimant not provided with diagnosis of occupational disease (SA)
1301962 Ponto Prince Arnold, etc. v Commonwealth 06/10/1997
original opinion (5/20/97) vacated and reissued
1583962 Sa'ad El-Amin v Carloyn Gautier-Adams 06/10/1997
child support (SA)
1620962 Jasper Plowden v Commonwealth 06/10/1997
insufficient evidence to prove appellant was criminal agent
1636962 Gilbert Everett Schill, Jr. v Nancy Joan L. Schill 06/10/1997
equitable distribution, spousal and child support, attorney fees
2023964 James H. Manvell v Kathleen M. Manvell 06/10/1997
equitable distribution
2126962 George E. Bates v Commonwealth 06/10/1997
insufficient evidence to prove intent to kill law enforce. offic.
2374964 Electrodyne, Inc., et al. v Kim Harrison 06/10/1997
no error in award of temporary partial disability award
2397952 Malcolm Terrell Bishop, etc. v Commonwealth 06/10/1997
sufficient evidence for forgery convictions
2536963 Jeffrey M. Payne v Lynchburg Division of Soc. Serv 06/10/1997
no error in denying petition to determine parentage (SA)
2556964 John Warner, etc. v William Marsh 06/10/1997
no error in award
2604964 Uninsured Employer's Fund v William Marsh 06/10/1997
error in award against general contractor as corporation
2664964 USAir, Inc. v Tracie G. Watson 06/10/1997
error in finding release to return to work conditional
2817963 Gary R. Childress v Gary Childress Trucking, et al 06/10/1997
failure to prove injury by accident arising out of employ. (SA)
2936964 Corp. of the President, etc. v Bonnie C. Gaskins 06/10/1997
no error in allowing amendment to average weekly wage
3092964 Fairfax Co. School Board v Louise S. Rostker 06/10/1997
reasonable excuse for untimely report of injury by accid. (SA)
3111964 Chin Chuan Yeh v Shunko Kisaka 06/10/1997
divorce decree (SA)
0430962 Ronald Wayne Lewis v Commonwealth 06/03/1997
no error in admitting certificate of analysis
1093961 Antwan R. Jenkins v Commonwealth 06/03/1997
sufficient evidence to prove first degree murder
1272962 Linda Diane McWilliams v Commonwealth 06/03/1997
no error in admitting evidence; possession of cocaine conviction
1395964 Joseph Charles Sklepovich v Commonwealth 06/03/1997
driving after having been declared an habitual offender
1894964 Larry Marvin Diggs v Commonwealth 06/03/1997
no error in limiting demonstrative evidence
1928962 David Wayne Brooks v Div. of Child Support Enforce 06/03/1997
child support reduction
1965964 Lonny Nolan Collins v Commonwealth 06/03/1997
venue objection not preserved at trial
1967962 Gary Lee Alexander v Commonwealth 06/03/1997
sufficient evidence to support conviction for possessing cocaine
2038964 Douglas M. Hayes v Ann M. Hayes 06/03/1997
no error in setting interest amount on money owed wife
2089962 Lester Lynn Leonard v County of Spotsylvania 06/03/1997
no error in allowing certificate of blood alcohol analysis
2519962 Alpine Const. etc. et al. v Gene Dandridge, et al. 06/03/1997
no error in commission's decision
2694962 Theresa P. Taylor v James L. Taylor 06/03/1997
divorce decree
2811961 James E. Sellers v Tidewater Sand Co., et al. 06/03/1997
employer not responsible for cost of medical treatment (SA)
2816963 Lynchburg Foundry, et al. v Robert F. Cyrus 06/03/1997
statute of limitations
0028973 Janie Eliz. Holman v Southwestern VA Mental Health 05/27/1997
failure to prove total disability (SA)
0048974 Stephen Slota v Eastern Airlines, et al. 05/27/1997
employer not responsible for additional acupuncture treatments SA
0145974 Richard A. Spitzer v The Fried Co., et al. 05/27/1997
Fried Co. was claimant's statutory employer (SA)
0654963 William Todd House v Commonwealth 05/27/1997
no error in revoking suspended sentence
1703963 Kenneth Wayne Boothe, Jr. v Commonwealth 05/27/1997
defendant was properly advised of rights
1751962 Steven Phillip Cogan v Commonwealth 05/27/1997
no error in DUI of alcohol conviction
1770962 Lanetta Torian v Commonwealth 05/27/1997
sufficient evidence to support possess of cocaine with intent
2764963 W & L Construct., etc., et al. v Herchel Sullivan 05/27/1997
no error in temporary total disability benefits
2856963 Phillip T. Largen v Colleen H. Largen (Hartis) 05/27/1997
equitable distribution (SA)
3129961 Bradford S. Dame v Lockwood Carpets, et al. 05/27/1997
unjustifibly refused medical treatment (SA)
1350961 Faith O. Land v DePaul Hospital, et al. 05/20/1997
medical evidence did not establish a ratable loss of use
1483961 John Thomas Lewis, Jr. v Commonwealth 05/20/1997
probable cause existed for search & seizure
1490961 Raul Enrique Alcantara v Commonwealth 05/20/1997
no error in sentencing
2308963 Robert Warren Gore v Sylvia Swain Gore 05/20/1997
divorce decree, equitable distribution (SA)
2419964 Adrienne H. Lane v James Sirois Lane 05/20/1997
child custody and visitation (SA)
2533964 Pierre Joligard v Christina M. Joligard 05/20/1997
custody and visitation, attorney's fees award (SA)
2687962 Interim Personnel, et al. v James G. Turner 05/20/1997
injury and surgery causally related to compensable injury by acc.
2887953 Troy Lee Estep v Commonwealth 05/20/1997
exclusion of proffered evidence did not affect the verdict
3088963 Harrington Corp., et al. v Jessee Argenbright 05/20/1997
claimant unable to return to pre-injury employment (SA)
0541961 James E. Hutson v Commonwealth 05/13/1997
leaving scene of accident involving personal injury
1087961 Benjamin Perry Gordon, III v Commonwealth 05/13/1997
no violation of constitutional right to speedy trail
1129962 Matthew Lee McKinney v Commonwealth 05/13/1997
insufficient evidence to support burglary & petit larceny convict
1495963 Dante Voltaire Fleshman v Commonwealth 05/13/1997
sufficient evidence to prove intent to permanently disable victim
1510961 Carzell Benton, etc. v Commonwealth 05/13/1997
sufficient evidence to support conviction of fire bomb possession
1617961 Stephen Douglas Gowens v Commonwealth 05/13/1997
distribution of cocaine
2140964 Mary K. Keough, etc. v Francis P. Keough 05/13/1997
equitable diatribution
2469951 Terry Feeback v Commonwealth 05/13/1997
no error in allowing jury to hear interrogation statements
2656964 Badri N. Das v Pushp L. Das 05/13/1997
spousal support (SA)
0505973 Ralph Blakeslee Dean v Atlantic Research Corp. 05/06/1997
denial of claim did not violate constitutional rights (SA)
0975963 Barbara Gail Watkins v Commonwealth 05/06/1997
no error in allowing amendment of arrest warrant
1478961 Noel Austin Cherry v Commonwealth 05/06/1997
no error in admitting certificate of ananlysis
1506961 Paul N. Carrithers v Commonwealth 05/06/1997
sufficient evidence to support embezzlement conviction
1557963 Johnny Wayne LaForce v Commonwealth 05/06/1997
no error in admitting prior felony convictions
2159963 Westmoreland Coal Co. v Larry G. Kilgore 05/06/1997
no error in temp. total disab. benes. upon change in condition
2160961 James R. Boyles v Commonwealth/Dept. of Soc. Serv. 05/06/1997
no error in finding of emotional abuse, level 3, of children
2749963 Howard Mack Broadnax v Doris Ann Broadnax 05/06/1997
spousal support/equitable distribution (SA)
3020964 Gladys Artola v Shoppers Food Warehouse, et al. 05/06/1997
non-disabling injury by accident (SA)
3070964 C.W. Wright Constr., Co., Inc. v Larry W. Buracker 05/06/1997
compensable injury by accident caused brain injury (SA)
0730963 Albert Spencer Mitchell, Jr. v Commonwealth 04/29/1997
sufficient evidence to prove larcenous intent
0821961 Willis Roosevelt Morring v Commonwealth 04/29/1997
suff evid to support convicts: possess. of concealed weapon, etc.
0947963 Barry Edwards English v Commonwealth 04/29/1997
suff. evid. to support convictions: aggravated sex. battery, etc.
0979963 Grellan J. Harty v Commonwealth 04/29/1997
detention did not violate 4th Amendment rights
1877963 Deneen Hicks Rainwater v Roanoke City DSS 04/29/1997
arguments on appeal procedurally barred
1906962 Nancy A. Megill v Allan D. Megill 04/29/1997
divorce decree (grounds) (SA)
1956963 Skyline Excavating Co., et al. v John K. Abshire 04/29/1997
medical treatment, disability causally related to work accident
2044963 Thomas Boyce, et al. v Brian Samuel Bush 04/29/1997
no error in awarding custody to former stepfather
2045963 Cynthia Boyce Bush v Brian Samuel Bush 04/29/1997
no error in awarding custody to former stepfather
2049962 John K. Crisco, Jr. v Robin T. Sorensen (Crisco) 04/29/1997
no error in tc's refusal to modify child visitation
2131961 Deborah Artis v Commonwealth 04/29/1997
appellant was not denied right of allocution
2136962 Robin T. Sorensen (Crisco) v John K. Crisco, Jr. 04/29/1997
no error in mother sharing transportation costs for visitation
2196962 Wal-Mart Stores, et al. v Carolyn R. Richards 04/29/1997
disorders were causally related to injury by accident
2322961 Robert Beatty v Narricot Industries, Inc., et al. 04/29/1997
claimant failed to prove injury arose out of employment
2372962 Grand Piano, et al. v Randell E. Gray, Jr. 04/29/1997
noncompensable injuries caused by unexplained accident
2841964 Kestrini, Inc. etc. v Patricia Anne Russell 04/29/1997
injury by accident arising out of employment (SA)
2861963 Betty Amburn v Greenvale School, et al. 04/29/1997
failure to prove knee symptoms causally related to accident (SA)
2986964 Montclair Country Club, et al. v Laura Jahnke 04/29/1997
no error in temporary total disability benefits award (SA)
0184964 Brian M. McHugh v Commonwealth 04/22/1997
tc lacked jurisdiction to consider motion to set aside verdict
0494963 Roy Carlton Davis v Commonwealth 04/22/1997
suff. evid. to support convict: poss. of cocaine with intent, etc
0592962 Dwayne Edward Guill v Commonwealth 04/22/1997
no error in admitting previous conviction for b&e, w/ rape intent
0604964 Harrison R. Jones, etc. v Commonwealth 04/22/1997
search incident to arrest did not violate 4th Amendment
0665963 David Allen Taylor, etc. v Commonwealth 04/22/1997
insufficient evidence to support conviction of assault
0680963 Marty Jagade Jackson v Commonwealth 04/22/1997
hearsay statements under "co-conspirator" exception allowable
0805963 Ruth Bettie Calloway v Commonwealth 04/22/1997
driving under influence of alcohol, second offense
0811964 Eugene C. Cook v Helen M. Cook 04/22/1997
spousal support
1032963 Kenneth E. Plogger v Betty R. Plogger 04/22/1997
error in enforcing seperation agreement
1172963 William V. Loudermilk, etc. v Commonwealth 04/22/1997
suffic. evidence to prove possession of drugs found in rental car
1340962 Thomas Rowe Hope v Commonwealth 04/22/1997
sufficient evidence to prove unlawful wounding
1409952 Darryl Bruce Wheaton v Commonwealth 04/22/1997
defendant's statement properly admitted for impeachment purposes
1561962 Floyd Franklin Booker v Commonwealth 04/22/1997
sufficient evidence to support 2 counts of cocaine distribution
1690962 Clarence Junior Thomas v Commonwealth 04/22/1997
appellant failed to preserve issue for appeal
2195963 Dominion Coal Corp, et al. v Clyde Lyndell Horne 04/22/1997
no error in medical benefits award
2498962 Gregory O. Wigglesworth v Carrie F. Wigglesworth 04/22/1997
spousal support (SA)
2511961 Jo Anne Phelps, etc. v Christopher P. Grazel 04/22/1997
spousal and child support, equitable distribution, etc. (SA)
2571963 James Hagen Hubbard v Jean Carol Pritchett Hubbard 04/22/1997
no error in denying motion to reinstate action on docket (SA)
2748963 Eavers Excavating, et al. v James Hulan Waldron 04/22/1997
employer responsible for medical costs (SA)
2849962 Emporia Feed & Seed, et al. v Donald G. Hobbs 04/22/1997
injury by accident arising out of employment, etc. (SA)
2852964 Virginia Gunite, et al. v Robert White 04/22/1997
injury by accident arising out of employment (SA)
2923963 Wise Co Board of Supervisors et al v Michael Lipps 04/22/1997
injury by accident arising out of employment, etc. (SA)
3113964 Carolyn R. Moore v Prince William Co. Circuit Ct. 04/22/1997
no error in granting credit against future disab. benefits (SA)
0123963 Stuart Acree Barbour, Jr. v Commonwealth 04/15/1997
tc had subject matter jurisdiction over criminal charge
0679961 Joseph Britt, III v Commonwealth 04/15/1997
tc erred in brandishing convictions
1069961 Anthony Lee Vaughan, Jr. v Commonwealth 04/15/1997
no error in revoking probation
1208961 Tyger Construction, et al. v Commonwealth, et al. 04/15/1997
company not entitled to recover for "extra work"
1323963 John T. Wheaton v Vicki W. Wheaton 04/15/1997
spousal and child support
1455961 Jeanette Lee Kenowitz v Commonwealth 04/15/1997
no error in conviction of poss. of heroin, firearm, etc.
1613961 Eddie Franklin Brock v Lorna R. Coggin 04/15/1997
child support
1798961 Pedro F. Becerra-Cely v Judy Amick-Becerra 04/15/1997
child custody and support
1903964 Fairfax Co. School Board v Lonnie M. Wright 04/15/1997
claimant unjustifiably refused vocational rehabilitation efforts
2122963 Bobby Gray Baldwin v Commonwealth, et al. 04/15/1997
child support arrearages (SA)
2468964 Dennis D. Polesky v Alexandria Exxon, et al. 04/15/1997
claimant failed to prove a change in condition & disability
2690962 HealthSouth, etc., et al. v Gloria Pignatore 04/15/1997
no error in award for back surgery and resulting disability (SA)
2827953 David Wayne Bowman v Commonwealth 04/15/1997
evidence properly admitted and sufficient to support conviction
0071964 Commonwealth, DSS, etc. v Dale Robert Bowyer 04/08/1997
child support
0319962 Leon Darnell Parker v Commonwealth 04/08/1997
evidence properly admitted; cocaine possession w/ intent to dist.
0887961 Howard Nowell, Jr. v Commonwealth 04/08/1997
sufficient evidence to prove use of firearm in comm. of robbery
0926963 Corwyn Cordell Skinner v Commonwealth 04/08/1997
sufficient evidence to support conviction of possessing cocaine
0997964 Charles Stuart DeHaven, Jr. v Pamela Bush DeHaven 04/08/1997
equitable distribution
1401964 Monica M. Starrs v James E. & Barbara A. Starrs 04/08/1997
no error in granting petition for adoption
1420961 Barbara Luann Mancini v J. Peter Mancini 04/08/1997
child support
1550964 Thomas E. McGlathery v Sharron A. McGlathery 04/08/1997
equitable distribution
1740951 William "Pig" Wooten, etc. v Commonwealth 04/08/1997
no error in conviction of distributing cocaine
1837964 Dee Edward Newland v Georgeen M. Newland 04/08/1997
child and spousal support
2193964 Maria J. Lang v Michael A. Lang 04/08/1997
no err in deny. motion to allow mother to move kids to Spain (SA)
2354964 James E. & Barbara A. Starrs v Monica M. Starrs 04/08/1997
no error in awarding guardian ad litem fees
2391961 J.H. Miles Seafood, etc., et al. v Carol A. Guyton 04/08/1997
WCC erred in finding compensable occupational disease
2901962 Louisa Co. School Board et al v Lucille Y. Shelton 04/08/1997
employer failed to prove claimant no longer injured (SA)
0839962 Douglas Edward Holmes v Commonwealth 04/01/1997
sufficient evidence to prove knowledge of drivers license suspen.
0960964 John Henry West v Commonwealth 04/01/1997
no error in conviction of grand larceny of automobile
1007962 Larry Dale Sams v Commonwealth 04/01/1997
practicing as building contractor without license
1231962 Charles Lee Dunn v Commonwealth 04/01/1997
accessory after the fact to grand larceny
1248964 Jones Chemical, Inc, et al. v Jack Dempsy Parson 04/01/1997
claimant failed to cure unjustified refusal of selective employ.
1262961 Stephen Leroy Hobbs, Jr. v Commonwealth 04/01/1997
lawful stop of vehicle
1263961 David V. Bond v Commonwealth 04/01/1997
probable cause existed to arrest
1412961 Randolph Beale, Jr, etc. v Commonwealth 04/01/1997
no error in denying motion to suppress: convict A & B of officer
1458962 Linda Starkes v Commonwealth 04/01/1997
attempting to cause bodily injury to police officer
1559964 Yolanda Turner v Albert Spinner, et al. 04/01/1997
jurisdictional question raised on appeal rendered moot
1606962 Kenneth Wayne Morris, etc. v Commonwealth 04/01/1997
no error in bench trial conviction of grand larceny
1680951 Shamont Damon Burrell v Commonwealth 04/01/1997
suff. evidence for convictions: murder, malicious wounding, etc.
1847961 Meredith A. Challoner v Cynthia P. Challoner 04/01/1997
divorce decree, spousal and child support, equitable distribution
2086962 Roger W. Frydrychowski v Cheryl J. Frydrychowski 04/01/1997
spousal support, etc, (SA)
2138964 Jay Jeffrey Brown v Loudoun Co. Board of Supervis. 04/01/1997
no error in WCC's decision to deny benefits for hypertension
2281964 Llewllyn J. Evans, Jr. v Kathleen McConnell Evans 04/01/1997
child custody and visitation (SA)
2294961 Meredith A. Challoner v Cynthia P. Challoner 04/01/1997
divorce decree, spousal and child support, equitable distribution
2509962 Steve M. Hayes v 4 E Corporation, et al. 04/01/1997
no error in denying claim for perm. total disability benefits
2567962 Fieldcrest Cannon, Inc. v Wanda B. Marshall 04/01/1997
res judicata prevents WCC from vacating award (SA)
2626952 Charles Wilson Davis v Commonwealth 04/01/1997
no error in granting motion to amend indictment
2663962 Henry A. Reed, etc. v Roger Dale Fisher, Sr, et al 04/01/1997
evidence proved claimants disability (SA)
2899953 Patricia Hanson, etc. v Commonwealth 04/01/1997
contempt for disobeying juvenile court order
2929963 Commonwealth v Charlie M. Allen 04/01/1997
request to search vehicle not an illegal detention of defendant
3000952 Jamarrian Chanrelle Wingfield v Commonwealth 04/01/1997
no procedural error in admitting drug analysis certificate
1244953 Bruce Elliott Davis v Commonwealth 03/25/1997
sufficient evidence to support attempted capital murder convicts
1630954 John L. Chellman v Commonwealth 03/25/1997
forgery of public documents
1720962 Robert E. Conner v Commonwealth 03/25/1997
no error in conviction of taking indecent liberties w/ minor, etc
1973964 Commercial Courier Express, et al. v David Cairns 03/25/1997
error in issue of causation
2031954 Patrick Raymond Long v Commonwealth 03/25/1997
insuff. evid. to establish requisite venue in tc for forgery off.
2068964 Martix Mechanical Corp. v William Harrison, et al. 03/25/1997
evidence failed to prove contempt of court
2069964 Jimmie D. Mitchell v William Harrison, et al. 03/25/1997
evidence failed to prove contempt of court
2174962 Donald Wayne Ogburn v Southside Gin, Inc. et al. 03/25/1997
willful violation of known safety rule caused injuries
2336962 Karen A. Bayouth v Pizza Hut, Inc., et al. 03/25/1997
failure to prove injury by accident through employment (SA)
2515961 Donald Lee Krenisky v Professional Coating, et al. 03/25/1997
failure to prove injury by accident through employment (SA)
2870954 Stephen Douglas Payne v Commonwealth 03/25/1997
tc erroneously admitted hearsay evidence, etc.
2958961 Charles Ray Warlitner, et al. v McDonald's, etc. 03/25/1997
failed to prove inj. which resulted in death arose from work (SA)
0061962 Scottie Tyrone Booker v Commonwealth 03/18/1997
no error/granting motion for jury view of nighttime crime scene
0625961 John A. Hendrix v Commonwealth 03/18/1997
tc erred in ruling Code Section lesser included offense of anothr
0712962 Edser Joffree Torres Gonzalez v Commonwealth 03/18/1997
transportation into VA with intent to distribute
0722962 Nan S. Vick v Virginia Employment Commission, etal 03/18/1997
voluntarily leaving work disqualified unemployment benefits
1035962 Bernard H. Leiffer v Emily Leiffer 03/18/1997
spousal support
1481963 Elgin Sweeper Co. v J. W. Burress, Inc. 03/18/1997
hearing unnecessary to modify contract
1984961 Cynthia D. Kramer v William Courtney Ryan, Jr. 03/18/1997
no error in denial of attorney's fees (SA)
2230953 Timothy James Eichblatt v County of Roanoke 03/18/1997
violation of terms of restricted driver's license
2320962 Shaw Jewelers, et al. v Beulah Allene Squiers 03/18/1997
claimant validly referred by treating physician to chiropractor
2397963 John D. Bays v SWB Construction Corp., et al. 03/18/1997
failure to prove disability causally related to comp. injury (SA)
2398963 Virginia Lucas Wright v Amerisouce, et al. 03/18/1997
unjustified refusal of selective employment (SA)
2669963 Joseph A. Colosimo, Jr. v VA Truck Center, et al. 03/18/1997
failure to prove injury by accident arising out of employ. (SA)
2682963 Sandra A. Wheeler v Roanoke Memorial Hosp., et al. 03/18/1997
failure to comply with notice requirements (SA)
0172961 Gregory Allen Winter v Commonwealth 03/11/1997
insufficient evidence to support indictments for agg. sex. battry
0544961 Terry F. Lassiter, etc. v Commonwealth 03/11/1997
possession of cocaine with intent to distribute, etc.
1095962 Frank Benjamin Edwards v Lesney D. Edwards 03/11/1997
equitable distribution
1494963 Central Valley Rubber Service, etc. v Vicki Arthur 03/11/1997
no error in award of temporary total benefits
1623954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1624954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1625954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1626954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1627954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1628954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1629954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1927951 James Allen Boley, Jr. v Commonwealth 03/11/1997
sufficient evidence to prove dominion & control over drugs
1927962 Virginia Electric & Power Co v Loa J. T. Bobbitt 03/11/1997
no error in finding employer required to pay for medical treatmnt
2173964 Robert J. Santora v Julia D. Clark, etc. 03/11/1997
no error in allowing child's enrollment in elementary school (SA)
2526951 Raymond Eley v Commonwealth 03/11/1997
sufficient evidnece to prove unauthorized use of a motor vehicle
2597963 MAC Construction, et al. v Bobby G. Harrison 03/11/1997
injury by accident (SA)
2838952 Marvin Alfonza Temple v Commonwealth 03/11/1997
possession with intent to distribute heroin
0139953 Michael Antoine Lee v Commonwealth 03/04/1997
jury instruction was not misleading
0168961 Frank Bradford Tibbett, Jr. v Commonwealth 03/04/1997
no error in cocaine possession conviction
0248963 Shawn Christopher Stewart v. Commonwealth 03/04/1997
curse & abuse, etc. convicts do not violate city code
0527963 Melvin Roy Spangler v Commonwealth 03/04/1997
IRS agent's testimony did not violate 5th Amendment
0790964 Jeanne C. Theismann v Joseph R. Theismann 03/04/1997
attorney's fees award (SA)
1200962 Angie Jones Mayhugh v gene A. Mayhugh 03/04/1997
divorce (grounds), equitable distribution
1681961 Bill Rae Singleton v Joyce Singleton 03/04/1997
spousal support (SA)
1879961 Linda C. Eissler v F. Charles Stange, Jr. 03/04/1997
no error in releasing parent of responsibility for college costs
1913961 Chesapeake Gen. Hosp. et al. v Cynthia Handlovitch 03/04/1997
no error in ordering deceased non-party's medical records
2240962 Tappahannock Maintenance, et al. v Dall Richards 03/04/1997
injury by accident arising out of employment (SA)
2256963 Judy Shaver Hopcroft v Hooker Furniture, et al. 03/04/1997
claimant failed to prove injury by accident, etc. (SA)
2277964 Charles Francis Carter v Arlington Fire Dept. 03/04/1997
expenses unreasonable and not medically necessary (SA)
2301963 Wright Construction, et al. v David Edward Carter 03/04/1997
aggravation of preexisting condition compen. consequence of injry
2400963 Linda A. Brown v Oak Hill Health Care Center, etal 03/04/1997
failure to prove injury by accident, etc. (SA)
2500963 B&R Cleaning Co., et al. v Robert Lee Matherly 03/04/1997
justified refusal of selective employment (SA)
2545963 Sherry Marie Spangler v Holiday Inn, etc. et al. 03/04/1997
failure to prove psychiatric condition causally related to injury
0033962 Keith Lorenzo Jones v Commonwealth 02/25/1997
suff. evid. to support convicts: A&B and attempted force sodomy
0334963 Melvin Ray Gill v Commonwealth 02/25/1997
intent to maliciously wound law enforcement officer
0664961 Paul Holland v Commonwealth 02/25/1997
sufficient evidence to prove possession of drugs
0795963 Mark Shawn Wallace v Commonwealth 02/25/1997
error in barring evid. of mitigating circumstances at sentencing
1183962 Mitre Corp., et al. v Christina Gourzis 02/25/1997
compensable ordinary disease of life
1515963 Hudgins Masonry, et al. v Ronald Anderson Handy 02/25/1997
no error in permanent total disability benefits
1546963 Piedmont Manufacturing Co., et al. v Lois P. East 02/25/1997
no error in benefits award
1565953 Ann Marie Grant v Commonwealth 02/25/1997
search & seizure did not violate Fouth Amendment rights
1773963 McQuay International, et al. v Richard C. Wampler 02/25/1997
no error in partial disability award
1778961 Billie Paxton Einselen v Peter C. Einselen 02/25/1997
spousal support, attorney's fees
2216964 Joyce Ann Kile v Prince William Co. School Board 02/25/1997
claim time-barred (SA)
2353952 Neal Nathaniel Carroll v Commonwealth 02/25/1997
error in admitting statements made during search & seizure
2418961 MD & VA Milk Produce, et al. v Rena A. Parker 02/25/1997
injury by accident arising out of employment (SA)
2575963 BE&K Construction, et al. v Maynard Winton Perry 02/25/1997
employer failed to prove claimant was no longer disabled (SA)
2620963 Brooke Dale Moyer v Whitt Carpet & Tile, et al. 02/25/1997
failure to prove injury by accident arising out of employ. (SA)
2661964 Dominion Water Inc., et al. v Calvin Eugene Duncan 02/25/1997
injury by accident arising out of employment (SA)
2729962 Charles City Co. PW, et al. v John T. Williams, Jr 02/25/1997
injury by accident arising out of employment (SA)
3005954 Douglas Thomas Whittemore v Commonwealth 02/25/1997
drunk driving conviction did not violate double jeopardy
0091964 David Cardwell v Commonwealth 02/18/1997
no violation of constitutional right to speedy trial
0097964 David Cardwell v Commonwealth 02/18/1997
no violation of constitutional right to speedy trial
0303963 Mary A. McConnell Huger v George Derbyshire Huger 02/18/1997
no error in determination of income for spousal support purposes
0488962 Becky Bishop Conley, etc. v Commonwealth 02/18/1997
insufficient evidence to support conviction of petit larceny
0540962 James Mika v Sears, Roebuck & Co., et al. 02/18/1997
medical treatment not causally related to industrial injury (SA)
0555962 Gerald Edward Baker, Jr. v Commonwealth 02/18/1997
no error in admitting evidence of prior misconduct
0733962 Dean Dobson v Commonwealth 02/18/1997
evidence failed to prove incident occurred in the Commonwealth
0977962 James Braxton Foley v Commonwealth 02/18/1997
no error in DWI conviction
1036962 Norman H. Ragland v Commonwealth 02/18/1997
habitual offender conviction
1677964 Poeples Drug, etc. et al. v Joseph Cousar 02/18/1997
brain injury causally related to compen. injury by accid. (SA)
1836963 Jimmie Roger Tester v Jimmie Roger Tester Trucking 02/18/1997
claim for coal miner's pneumonconiosis time barred (SA)
1868961 Ceres Marine Terminals, Inc, et al. v Anita Artis 02/18/1997
error in not crediting dollar amounts previously paid in award
1886962 Vulcan Materials Co. v Charles Lee Crawford 02/18/1997
no error in awarding xosts of chiropratic treatment
1905962 David M. Bromley v Vicki D. Bromley 02/18/1997
spousal support (SA)
1915964 John S. Lewis v Kathleen A. Callahan 02/18/1997
no error in deny. motions to change cust. or reduce support (SA)
2056963 John Henry Thornburg, Jr. v Cheryl A. B. Thornburg 02/18/1997
divorce on ground of one year seperation (SA)
0072961 James Bowe, etc. v Commonwealth 02/11/1997
no error in revoking suspended sentence
1156964 Cleve J. Burd, Jr. v Helga Ursula Burd 02/11/1997
contempt for failing to comply with divorce
1324954 John G. Humphries, etc. v Commonwealth 02/11/1997
arrest warrant valid
1343964 Patricia Pavel v. Thomas F. Pavel 02/11/1997
no error in granting injunction to prevent move
1491961 Sharon B. Lang v James A. Lang 02/11/1997
equitable distribution
1632961 Gwaltney of Smithfield, etc. v Andrea T. Tynes 02/11/1997
injury properly reported within the limitations period
2176961 Jerome Shaw v Tarmac Lone Star, et al. 02/11/1997
no error in denying request for change in treating doctors (SA)
2249963 Kenneth Norman Prater v Bristol Coal Corp., et al. 02/11/1997
disability not causally related to comp. injury by accident (SA)
2292964 Commonwealth v Yulaleya Joyner 02/11/1997
no error in ruling seizure unlawful
2705952 Robert Dale Webb v Commonwealth 02/11/1997
error in denying motion for jury trial
2795951 Kelly Anne Dara v Commonwealth 02/11/1997
no error in conviction of first degree murder, etc.
0161961 Terrance T. Smith, etc. v Commonwealth 02/04/1997
CW not required to disclose identity of confidential informant
0171963 Darrell W. Willis v Commonwealth 02/04/1997
no error in denying motion to suppress examination of body part
0495964 Edward Blackwell Kelly v Commonwealth 02/04/1997
error in refusing to instruct jury on assault & battery offenses
0756962 Kimberly Anne Weig v Lawrence George Weig, Jr. 02/04/1997
child custody
0771964 Vernice F. Evans v Commonwealth 02/04/1997
no error in convictions of obtaining money under false pretenses
1260964 Lewis A. Wilmott v Sheila D. Wilmott 02/04/1997
divorce decree, spousal support, equitable distribution
1346953 Frank E. Pennington, Jr. v Commonwealth 02/04/1997
tc erred in failing to strike juror with demonstrable bias
1741951 Duwon Maurice Jacobs v Commonwealth 02/04/1997
no error in allowing prosecutor's statements or in jury instruct.
1861963 Stone Container Corporation v Evelyn M. Clark 02/04/1997
injury by accident arising out of employment (SA)
2004962 Larry Dean Bartley v Carolina Steel Corp., et al. 02/04/1997
no error in permanent partial disability award (SA)
2575952 George Gregory Boone v Commonwealth 02/04/1997
sufficient evidence to support trespass conviction
2990953 Robert Lee Banks v Commonwealth 02/04/1997
sufficient evidence to support voluntary manslaughter conviction
0962962 Jerry Wayne Scheib v Sara Sue Scheib 01/28/1997
tc lacked authority to order extradition for child support
1086961 Douglas A. Warf v Commonwealth 01/28/1997
no error in conviction of grand larceny
1130962 Clifford O'Neal King v Commonwealth 01/28/1997
insufficient evidence to support convict: conspiracy to distribut
1309962 Sharon D. Williamson v Norman L. Williamson 01/28/1997
child support
1556962 Bryon Lee West v Best Products Co., et al. 01/28/1997
claimant discharged for "justifiable cause"
1916962 City of Richmond Fire, etc. v Carl D. Shuler 01/28/1997
claimant's heart disease is occupational (SA)
1952963 B.W.B. Construction, et al. v Ralph E. Taylor 01/28/1997
placement at sheltered workshop not appropriate vocat. rehab (SA)
1964962 Great Coastal, etc. et al. v Irvin R. Harlow 01/28/1997
injury by accident arising out of employment (SA)
2108961 Jimmy Wayne Powell v St. Joe Container Co., et al. 01/28/1997
claimant failed to prove disability (SA)
2180952 Raheem Shabazz Allah v Commonwealth 01/28/1997
consent to search tainted by illegal detention
2999951 Kimberley S. Lovlie v Commonwealth 01/28/1997
no error in habitual offender conviction
0111962 Charles William Hurt v Catherine C. Hurt 01/21/1997
spousal support
0130962 Catherine C. Hurt v Charles William Hurt 01/21/1997
spousal support
0623963 Charleston Alexander Mutz v Commonwealth 01/21/1997
TC had jurisdiction to revoke probation
0832962 Philip Morris USA, et al. v Carla Rene Marshall 01/21/1997
no error in permanent partial disability award
1940954 Daniel T. Street v Joyal C. Street 01/21/1997
equitable distribution, spousal and child support
2057961 William F. Draper v Goodwill Industries, etc et al 01/21/1997
medical treatment not causally related to injury (SA)
2516964 Mary Margaret Reuben v Integrated Health Services 01/21/1997
application for review to full commission not timely (SA)
0692961 Warren Grafton Pope, Jr. v Commonwealth 01/14/1997
suff evid to support convic. obtaining money under false pretense
1380963 Harry S. Smith v Babcock & Wilcox Co., et al. 01/14/1997
failure to prove injury by accident (SA)
1699963 Dan E. Bales v Sea "B" Mining Co. 01/14/1997
no error in not allowing after-discovered evidence (SA)
1700963 Margaret J. Mullins v Clinchfield Coal Co. 01/14/1997
no error in not allowing after-discovered evidence (SA)
1960964 John P. Allee v Ile Wayne Blake, etc. et al. 01/14/1997
failure to prove disability causally related to injury (SA)
1970964 Izela E. Paz v McDonald's Store #01638, et al. 01/14/1997
failure to prove injury by accident, etc. (SA)
2177952 James Lavor Smith v Commonwealth 01/14/1997
error in convictions of grand larceny of automobile, etc.
2409951 Sean Malcolm Parker v Commonwealth 01/14/1997
failure to present complete record for ruling
2971952 Ronald Castaneda Ramirez v Commonwealth 01/14/1997
statements made to officer did not violate Miranda rights
0131962 Stanley Smith, Jr. v Elisabeth C. Smith 01/07/1997
equitable distribution
0250962 John Frederick Hamm v Commonwealth 01/07/1997
no error in allowing testimony of correctional officer
0949964 Bonnie Pruden v Fairfax Co. Dept of Human Develop. 01/07/1997
error in termination or residual parental rights
1044961 Mitchell Duane Norman v Amelia Louise Pair Norman 01/07/1997
child support (SA)
1161963 Delma T. Jamison v Sears Roebuck & Co., et al. 01/07/1997
failure to prove injury by accident, etc. (SA)
1184964 Thomas F. Fricke v Rosanne Fricke 01/07/1997
property settlement agreement and attorney's fees
1451962 National Nurse Services, et al. v Donna P. Swan 01/07/1997
employer not justified in terminating claimant from select employ
1533962 Anastasis S. Michael, Jr. v George Keener Masonry 01/07/1997
unjustified refusal of medical treatment
1647964 James City Co. Fire Dept. v Michael J. Thomas, etc 01/07/1997
employer's evidence failed to rebut statutory presumption (SA)
1732961 Dept. of Health/Commonwealth v Joanne Butler Keene 01/07/1997
injurious exposure to asbestos (SA)
1814962 Rick Eugene Dudley v Paramount's Kings Dominion 01/07/1997
no error in denying change in condition application (SA)
1860963 Murray Electrical, et al. v Patricia Ann Crawford 01/07/1997
injury by accident arising out of employment, etc. (SA)
1918963 Ronnie Hawkins v Har Lee Coal Co., et al. 01/07/1997
disability not causally related to compen. injury by accid. (SA)
1947964 Deborah Lynn Hinkle v Rocco Farm Foods, etc, et al 01/07/1997
claimant failed to prove continued disability
1972963 Steel Fab, Inc., et al. v Daniel L. Keith 01/07/1997
injury by accident arising out of employment, etc. (SA)
1986952 Wayne Gibson Weis v Commonwealth 01/07/1997
no error in refusing withdrawal of waiver for a jury trial
2047962 Christopher Thevathasan v Advance Machine, et al. 01/07/1997
disability not causally related to compen. injury by accid (SA)
2640952 Corbet L. Banks, etc. v Commonwealth 01/07/1997
sentence exceeded allowable range
0515963 Timothy James Silvester v Susal Lee Silvester 12/31/1996
spousal support, custody, equitable distribution
0815954 Thomas Franklin Hohman v Commonwealth 12/31/1996
no error in trial, conviction or jail sentence in defend. absence
1104962 Westvaco Corporation v Carl Edward Linkenhoker, Sr 12/31/1996
statute of limitations time barred claim
1119963 Goodyear Tire, etc. et al. v Samuel R. Taylor 12/31/1996
injury arising from employment
1489953 Kathy Hodges Carter v Commonwealth 12/31/1996
evidence proved requisite intent to embezzle
1552952 Alan Michael Jackson v Commonwealth 12/31/1996
sufficient evidence to prove intent to embezzle, etc.
2073951 Patrick Kirk Scarborough v Commonwealth 12/31/1996
no error in refusing to vacate conviction for new evidence
2387952 Arthur Lee Montague v Commonwealth 12/31/1996
evidence lawfully obtained, possession of herion
2476951 John Leroy Bond v Commonwealth 12/31/1996
suffic. evid. to support convict: poss. of firearm by felon
2538953 Gary Wayne Desper v Commonwealth 12/31/1996
no error in admitting evidence of alleged prior bad act
2755953 Raymond Franklin Moore, Jr. v Commonwealth 12/31/1996
sufficient evidence to prove possession of a firearm
2777953 Crawford Leon Hairston v Commonwealth 12/31/1996
related misdemeanor & felony offenses prosecuted simultaneously
1997963 Food Lion, Inc. v Ruby Jean Kennedy 12/30/1996
medical treatment causally related to compensable injury
0995962 Raymond K. Covington v Edwina A. Covington 12/17/1996
Spousal support, child custody, equitable distribution
1005964 Schuller International, Inc. v Ronald E. Painter 12/17/1996
claimant unable to perform pre-injury work (SA)
1254961 Wilhelmenia Lee v City of Portsmouth School Board 12/17/1996
failure to prove injury by accid. arising out of employment (SA)
1531962 Edward C. Pembelton v Charlotte B. Pembelton 12/17/1996
equitable distribution (SA)
1568963 Katiecorp, Inc., et al. v Tina Wade 12/17/1996
compensable injury by accident (SA)
1604963 Fenco, Inc., et al. v David W. Bottenfield 12/17/1996
no error in refusing to vacate award/amend aver. weekly wage (SA)
1627963 Kenny's Construc., Inc. et al. v Roger W. Richards 12/17/1996
no error in award (SA)
1696962 County of Chesterfield v Arthur L. Scott 12/17/1996
disability causally related to injury by accident (SA)
1721964 Shoppers Food, et al. v John Mafis Godfrey, Jr. 12/17/1996
compensable change in condition (SA)
1821963 Katiecorp, Inc., et al. v Tina Wade 12/17/1996
no error in denial of benefits (SA)
1961961 Delphina Avin v Energy Services, Inc., et al. 12/17/1996
carpal tunnel not qualified as compen. occupational disease (SA)
2027964 June B. Henson v Culpeper Health Care, etc., et al 12/17/1996
condition doesn't qualify as compen. occupational disease (SA)
2028961 National Center, etc. et al v Charlotte A. Webster 12/17/1996
symptoms causally related to compensable injury by accid. (SA)
2213951 Gary Jerome Palmer v Commonwealth 12/17/1996
possession of cocaine with intent to distribute, etc.
0035961 Stephen James Morrison v Commonwealth 12/10/1996
no error in conviction of willfully/negligently endangering child
0358961 Lisa Elaine Irwin Cruz v Allen Keith Cruz 12/10/1996
no error in denying motion seeking 3rd paternity blood test (SA)
0607953 Donald Jeffrey Joseph v Commonwealth 12/10/1996
no error in admitting breath alcohol analysis certificate, etc.
0608953 Jeffrey Wayne Hodges v Commonwealth 12/10/1996
no error in admitting breath alcohol analysis certificate
0752962 Bryant Heating, etc. et al. v John C. Powers 12/10/1996
injury by accident arising out of and in course of employment
0944963 John Jay Flanner v Betty Harris Flanner 12/10/1996
spousal support (SA)
1268961 Sandler Foods, et al. v Allen L. Grays 12/10/1996
letter sufficient to advise parties of pending claim
1273961 Uninsured Emp. Fund v Clara Annette Thrush, et al. 12/10/1996
no error in calculating average weekly wage (SA)
1370963 David Allen Artrip v Kerns Bakeries, Inc., et al. 12/10/1996
no error in terminating claimant's benefits
1469962 Interbake Foods, Inc., et al. v Ronald Feltner 12/10/1996
injury by accident arising out of/in course of employment (SA)
1540963 Jesse E. Bowling, Jr. v P & G Oil Corp., et al. 12/10/1996
no error in denying comp. benefits; independent contractor (SA)
1595962 Cecil V. Brown, et al. v James Randolph Jenkins 12/10/1996
no error in award
2113962 Sonja Lynn Williams v Burger King, et al. 12/10/1996
failure to prove disability causally related to accident (SA)
2557951 Quanti M. Evans, etc. v Commonwealth 12/10/1996
detention violated 4th Amend.; error in admitting seized evidence
2757954 Peter P. Schlenk v Aileen G. Schlenk 12/10/1996
child support
0176961 Danny Lopez Martinez v Commonwealth 12/03/1996
no error in denying jury instruction on claim of right defense
1628963 Falls Church Construct, et al. v Robert C. Laidler 12/03/1996
no misrepresentation on job application
2504952 Donald D. Lewis, etc. v Commonwealth 12/03/1996
suffic. evid. to support convict: malicious setting fire to jail
2876952 Troy L. Parham v Commonwealth 12/03/1996
conviction did not violate ex post facto clause, etc.
2998952 Susan Cone Scott v Frederic W. Scott, Jr. 12/03/1996
no error in denying motion for increase in spousal support
0325961 Benjamin Brothers, Jr. v Commonwealth 11/26/1996
insufficient evidence to prove larceny
0829962 Town of Ashland, et al. v Robert Joseph Hendrick 11/26/1996
town estopped from raising statute of limitations as a claim bar
0943963 Debra R. Sutherland v Dennis B. Sutherland 11/26/1996
no error in spousal support reduction (SA)
0978962 Associated Building, etc. et al. v Roy Frank Blair 11/26/1996
no abuse of discretion when dismissed claim without prejudice
0981964 Ronald W. Tschippert v Elizabeth M. Tschippert 11/26/1996
equitable distribution (SA)
1017963 B.K. Cruey v Shirley Ann Laymon 11/26/1996
spousal support, equitable distribution (SA)
1029963 Reynolds Metals Co., et al. v Sharon Shifflett 11/26/1996
injury arose out of employment
1114963 Augusta Co. Sheriff's Dept et al v Patrick Overbey 11/26/1996
occupation contributed to disease (SA)
1145961 VA Dept. of Transportation v Franklin D. Meade 11/26/1996
payments made under Workforce Transition Act not considered wages
1146962 Virginia Commonwealth University v Richard Edmunds 11/26/1996
payments made under Workforce Transition Act not considered wages
1155963 Ora G. Harris v West Point Pepperell, et al. 11/26/1996
failure to prove injury by accident, etc. & occupat. disease (SA)
1164964 Jourdean Sarah Lorah v Rod Harris, etc., et al. 11/26/1996
statute of limitations barred appeal review (SA)
1169964 Huntley Farms, et al. v Randolph S. Kendrick, Sr. 11/26/1996
inj. by accident arising out of & in course of employment (SA)
1187963 Washington Co Sheriff's Dept et al v Robert Turner 11/26/1996
occupation contributed to disease (SA)
1257961 Norfolk Shipbuilding, etc. v Arthur J. Robinson 11/26/1996
injury by accident in the course of employment
1300963 American Longwall Mining, et al v Larry W. Hopkins 11/26/1996
justified refusal of selective employment (SA)
1418963 Lebanon Police Dept. et al v Albert Vernon Coleman 11/26/1996
occupation contributed to disease (SA)
1430961 Ralph Weldon Ward, Jr. v Tidewater Sand Co., et al 11/26/1996
failure to market residual work capacity (SA)
1532964 Masoumeh Macy Askari v Montgomery Ward & Co. et al 11/26/1996
failure to prove disability resulted from work-related acc. (SA)
1619954 Henry E. Thomas, IV v Marian M. Thomas 11/26/1996
divorce (grounds), spousal support, equitable distribution, etc.
2074953 Leroy McKinley Spencer, Jr. v Commonwealth 11/26/1996
sufficient evidence to support convicts: robbery & use of firearm
2715952 Julius M. Martin v Commonwealth 11/26/1996
no error in denying motion for continuance, jury instruction, etc
2733951 Alvin Jerome Patterson v Commonwealth 11/26/1996
no error in not admitting evidence re: witness impeachment
2907952 Milton Norris Turner v Commonwealth 11/26/1996
failure to prove distribution of cocaine
0137964 Keith D. Parish v Mary Beth Spaulding 11/19/1996
child custody (SA)
0556964 Alice Waggle v John M. Lang & Susan A. Lang, etc. 11/19/1996
claimant not an "employee" covered under VWCC Act
0557964 Shelley Martin v John M. Lang & Susan A. Lang, etc 11/19/1996
claimant not an "employee" covered under the VWCC Act
0720963 Revco Drug Stores, et al. v Diane Bruening 11/19/1996
injury by accident arising out of and in the course of employment
1274951 John Raymond Langowski v Commonwealth 11/19/1996
no error in convictions of petit larceny and malicious wounding
2218954 Susan M. Stephens v Dale Edward Warren 11/19/1996
custody and child support
2259951 Marvin Trevel Owens v Commonwealth 11/19/1996
appellant knowingly waived rights to counsel when giving statemnt
2549952 Stephen A. Eisenberger v Suzanne S. Eisenberger 11/19/1996
divorce decree, property settlement
0396964 Donna Ware Diehl v William F. Diehl 11/12/1996
divorce decree, equitable distribution, attorney's fees
0765964 Martha C. Twinam v Timothy W. Twinam 11/12/1996
property settlement agreement amendment (SA)
0806961 Tidewater Construction, et al v William H. Pretlow 11/12/1996
claimant incompetent when approved settlement
1027963 New River Castings, et al. v Kevin C. Hurst 11/12/1996
injury by accident, causal connection between accident & injury
1107961 Household Credit Services et al v Laverne Lawrence 11/12/1996
disability causally related to compensable injury/accident (SA)
1147963 Augusta Correc. Center, et al. v Wanda L. Bazzrea 11/12/1996
no error in denying employer's change in condition app. (SA)
1149963 Kevin C. Hurst v New River Castings, et al. 11/12/1996
failure to market residual work capacity
1150963 Hong Ki Min v Sheila Ann Allen Min 11/12/1996
insufficient evidence to prove cohabitation (SA)
1186963 Monique Louise Bryant v Fieldcrest Cannon, Inc. 11/12/1996
claim not timely filed (SA)
1247963 In Re: James B. Feinman 11/12/1996
no violation of due process; attorney's fees
1634963 Wrangler/VF Corp. v Bonnie Mae Woodward 11/12/1996
disability causally related to injury by accident
2774954 Donald A. Barnes v Winifred K. Barnes 11/12/1996
no error in deferring custody determination to Colorado courts
2970951 Derrick T. Kelly, etc. v Commonwealth 11/12/1996
sufficient evidence to support conviction; possession of heroin
0191961 Eddie Robertson, etc. v Commonwealth 11/05/1996
insufficient evidence to prove entrapment
0464961 Susan Lorayne Long-Molnar v Robert Klor Dean 11/05/1996
no error in granting petition to change child's last name
0528964 Computer Sciences Corp., et al. v Emma J. Baughman 11/05/1996
injury by accident arising out of employment
1662961 Ford Motor Company v Lance Lansden 11/05/1996
credible evidence to support physical impairment
1947951 Jermaine B. Jones v Commonwealth 11/05/1996
jury instruction incorrect, but harmless
2239954 Tyrone Edgar Waters v Commonwealth 11/05/1996
search and seizure legal
2398952 Noel Floyd Earley v Commonwealth 11/05/1996
lawful search and seizure
2402951 Waverly G. Hawkins v Commonwealth 11/05/1996
sufficient evidence to support cocaine possession conviction
2506951 McQuay John Kiah v Commonwealth 11/05/1996
sufficient evidence to support mailcious wounding, assault conv.
2599954 Samuel Wise Chang v Commonwealth 11/05/1996
unlawful distribution of anabolic steroids, etc.
2639943 Everette Lee Beverly v Commonwealth 11/05/1996
no proof of jury misconduct, no error in jury instruction, etc.
2798951 Robert L. Parker v Commonwealth 11/05/1996
constructive possession of weapon by inmate
2918951 Carey Karron Davis v Commonwealth 11/05/1996
sufficient evidence to prove receipt of stolen property, etc.
0143964 John David Pellegrin v Diane L. Bingman Pellegrin 10/29/1996
Property, Custody & Support Settlement Agreement
0160964 Linda Ann Bauckman v Vernon A. Bauckman 10/29/1996
equitable distribution
0721962 Kyu H. Lee, etc. v Lea Ane Beaver, etc. 10/29/1996
insufficient evidence to prove willful violation of safety rule
0924964 Super Fresh, etc. v Hilda T. Robinson 10/29/1996
compensable injury by accident
1202964 J&F Services, Inc., et al. v Jose V. Villatoro 10/29/1996
injury by accident arising out of & in the course of employment
1691954 Stephen Clyde Mottern v Commonwealth 10/29/1996
no error in denying motion for continuance
2709952 Carneal Crewe, etc. v Commonwealth 10/29/1996
insufficient evidence to support conviction:brandishing a firearm
0463964 R. L. H. v R. D. H. 10/22/1996
notice of appeal from custody decision not timely filed
1086952 Derrick S. Hines v Commonwealth 10/22/1996
no error in admitting post-arrest statement re: unrelated offense
1730951 Virginia Ann Ewell v Commonwealth 10/22/1996
no error in denying suppression motion
2407952 Sharone Deni Biosseau v James Maurice Scott 10/22/1996
physical custody award
2897954 Vincent Lloyd Virgil Staup v Commonwealth 10/22/1996
no error in using prior W.Va. convict. in habit. offend. adjudic.
1103963 Brenda Sue Trail v. Rallys, et al. 10/15/1996
no error in limiting benefits (SA)
1393953 Ronnie James Goode v Commonwealth 10/15/1996
sufficient evidence to prove intent to distribute cocaine
1732953 Robert Layton Stockdale v. Commonwealth 10/15/1996
no violation of Miranda rights
1987952 Michael J. Cartier v. Commonwealth 10/15/1996
sufficient evidence to prove burglary and larceny
2268951 Richard Dwight Hite, Jr. v Commonwealth 10/15/1996
no error in transfer from JD&R to circuit court
2281952 Kevin Johnson v Commonwealth 10/15/1996
a rehearing en banc granted on 10/11/96
2809953 Buchanan Co. Pub. Serv. Authority v Cecil Robbins 10/15/1996
no error in temporary total disability benefits
0598961 Adrian L. McGowan v Deborah P. McGowan 10/08/1996
spousal support (SA)
0637963 David Ware Riley v Connie Pugh Riley 10/08/1996
spousal support (SA)
0896964 Southland Corp., etc, et al. v Nazim Ali Alvi 10/08/1996
sufficient medical evidence to prove disability (SA)
1001962 Robert Douglas Clark v Fluor Daniels, etc. et al. 10/08/1996
no error in terminating compensation benefits (SA)
1071963 Cavalier Mining, et al. v David E. Mullins 10/08/1996
injury disabled claimant from performing pre-injury job (SA)
1090961 Gloria Jackson Hicks v nView Corporation, et al. 10/08/1996
injury by accident claim time barred (SA)
1492953 Darrell Roosevelt Layne v Commonwealth 10/08/1996
no error in finding truck not place of abode
1900951 William Eric Bolton v Commonwealth 10/08/1996
tc erred in reinstating guilt finding after setting verdict aside
2569954 Bruce Patrick McClure v Margaret Susan McClure 10/08/1996
spousal support
0101963 Micro Computer World, et al. v Gene F. Niemcewicz 10/01/1996
no error in average weekly wage calculation
0270961 Donald Valcolen Frew v Patricia Chadwick Frew 10/01/1996
divorce decree
0479964 Jerry C. Pate v Barbara R. Pate, etc. 10/01/1996
equitable distribution (SA)
0481964 Michael R. McElroy v. Sandra W. Cooke, etc. 10/01/1996
child support (SA)
0510963 Tyson Foods, Inc. v Carolyn Eleanor Payne-Marshall 10/01/1996
claimant released to light duty work
0928961 William G. Luke v TruGreen Chemlawn, et al. 10/01/1996
unjustified refusal of selective employment (SA)
0931964 Wells Farge, et al. v Judy Walker-Reynolds 10/01/1996
disability causally related to compen. injury by accident (SA)
0937961 Hall Ford, et al. v Randy Franklin Edgerton 10/01/1996
employer responsible for medical treatment (SA)
0946963 Goodyear Tire, etc., et al. v Willie R. Moore 10/01/1996
no error in untimely notice of injury by accident (SA)
1023964 Linda Lee Smith v Alexandria Metal Finishers, etal 10/01/1996
condition not an occupational disease
1040963 Grace E. Falls v VA Mennonite Retirement, et al. 10/01/1996
failure to prove conditions resulted from inj. by accident (SA)
1545954 Emory Allen Addison v Commonwealth 10/01/1996
no error in ruling DUI arrest legal
1959953 Joseph William Lamont Davis v Commonwealth 10/01/1996
sufficient evidence to support conviction: malicious wounding
2081954 United Airlines v Maureen Cogburn 10/01/1996
failure to prove condition is causally related to employment
2162951 Rommel Castro Eleccion v Commonwealth 10/01/1996
no error in conviction of possession of concealed weapon
2246951 Barry E. Sollars v Commonwealth 10/01/1996
voluntary manslaughter, possession of cocaine, etc.
2382953 Brandon v City of Danville DSS 10/01/1996
termination of parental rights
2596954 Dennis Lee Feltner v Commonwealth 10/01/1996
possession of cocaine with intent to distribute
0208961 Vane E. McRae v Helen A. McRae 09/24/1996
divorce (grounds) and sanctions (SA)
0517953 Henry Coon Davis, etc. v Commonwealth 09/24/1996
failure to provide exculpatory evidence not grounds for new trial
0862962 Michael Ray Manes v TCB Construction, et al. 09/24/1996
condition not causally related to injury by accident (SA)
1041952 Thomas Cole Pegram v Commonwealth 09/24/1996
no violation of Fourth Amendment rights
1042952 Victor Blaine Lynch v Commonwealth 09/24/1996
no violation of Fourth or Fifth Amendment rights
1414963 Hubert Chambers v Bridgeport Piedmont, et al. 09/24/1996
condition not an occupational disease (SA)
1555951 Richard Earl Askew v Commonwealth 09/24/1996
sufficient evidence to support conviction of assault & battery
2622951 Kenneth Neil Barnett v Commonwealth 09/24/1996
convicted of A&B on an indictment charging felony child abuse
2861951 Wilbur L. Martin, Jr. v Commonwealth 09/24/1996
sufficient evidence to support conviction: possession of cocaine
0753961 Graham N. Sword v Sharon Ann Sword 09/17/1996
child custody (SA)
0910961 Raymond Joseph Tracy v George L. Coleman, et al. 09/17/1996
claimant failed to prove injury by accident (SA)
1554954 Jose Juan Carcamo v Commonwealth 09/17/1996
distribution of cocaine
2958953 Videl C. Pizzino v J. Dillard Hutchens, et al. 09/17/1996
employee voluntarily left work without good cause
0044962 Keith S. Davis v Commonwealth 09/10/1996
fingerprint suffic. evid. to sustain convicts B&E & grand larceny
1890952 Gordon Michael Donawa, etc. v Commonwealth 09/10/1996
no error in allowing testimony re: prior statements by witness
1892952 Alice Virginia Riggs v Commonwealth 09/10/1996
lack of evidence to sustain convict for endangering live of kids
1745952 Beniah Abel Allen v Commonwealth 09/03/1996
admission of heroine addiction irrelevant and prejudicial
1819943 Bryan Keith Johnson v Commonwealth 09/03/1996
no error in conviction of voluntary manslaughter
0003962 Patrick Hall v Commonwealth 08/27/1996
insufficient evidence to prove constructive possession of cocaine
0725961 Testing Spec., Inc. et al. v Carlos Molyneaux 08/27/1996
Injury by accident out of employment (SA)
0755963 Town of Bluefield, et al. v Jack W. Asbury 08/27/1996
application not barred by statute of limitations (SA)
1884952 Andrew Lewis Adams v Commonwealth 08/27/1996
sufficient evidence to prove agreement to distribute cocaine
2512943 Stacey Jay Brown v. Commonwealth 08/27/1996
roadblock did not violate Fourth Amendment rights
0333963 Mountain Lake, et al. v Raymond O. Meredith 08/20/1996
injuries arose out of employment (SA)
0635964 Safeway Stores, Inc. v Eileen Brown 08/20/1996
neuroma does not qualify as occupational disease (SA)
2093951 Carl A. Barrs v Alice C. Barrs 08/20/1996
no error in spousal supprt award......................
0070961 Russell E. Swanson v Madeline C. Swanson 08/13/1996
no error in determining marital share, spousal support (SA)
0458963 Roger A. Mayhew v The Lane Company, Inc. 08/13/1996
Claimant failed to prove injury through employment (SA)
0504963 Robert George Woodward v Hardee's, etc. 08/13/1996
accident did not arise out of employment (SA)
0599963 Wellmore Coal Corp. et al. v William Michael Ling 08/13/1996
claimant unable to return to pre-injury work (SA)
1382952 Danny Lavon Gayles v Commonwealth 08/13/1996
evidence obtained violated 4th amendment
0010954 David P. Markva v Commonwealth 08/06/1996
no error in denying motion to quash indictment
0031964 Owen Riley Boone, MD v Loudoun Surgical etc, et al 08/06/1996
claimant failed to prove condition resulted from employment (SA)
0338963 Charles Alan Staton v Thomas E. Conner, etc, et al 08/06/1996
injury by accident did not arise out of employment (SA)
0353963 Reynolds Metals Co., et al. v Ralph Allen Frye 08/06/1996
claimant unable to return to pre-injury work (SA)
0392962 Commonwealth v Joanna Rodriguez 08/06/1996
consent to search not voluntary
0393962 Commonwealth v Placido Jeffrey Nunez, etc. 08/06/1996
consent to search not voluntary
1504952 Lamont Eugene McCord v Commonwealth 08/06/1996
no error in refusing motion to suppress evidence
1636954 Robert H. DeWitt v Donna D. DeWitt 08/06/1996
equitable distribution..........................................
1846952 Omar Vincent Craddock v Commonwealth 08/06/1996
no error in jury instruction
2807951 James Edward Germek v Marsha K. Germek 08/06/1996
divorce decree/child and spousal support
0193952 Raymond Wesley Salmon v Commonwealth 07/30/1996
no error in denying motion to suppress evidence
0228964 Casey H. Stamper v Williams Industries, Inc, et al 07/30/1996
no error in decision (SA)
0301964 Thomas H. Cho, et al. v Dept. Prof. Real Estate 07/30/1996
no violation of due process, etc. (SA)
0605953 American Furniture Company v Patricia M. Foster 07/30/1996
order withdrawing previous opinion, dated 2/27/96
1336952 Mary Frances Warwick v Commonwealth 07/30/1996
sufficient evidence to prove 2nd degree murder
1416951 Norfolk Shipbuilding, etc, et al v Donald Umphlett 07/30/1996
order withdrawing previous opinion, dated 2/27/96
2115952 Eunice Pauline Todd v James Edward Todd 07/30/1996
ruling not excepted to in trial court (SA)
2412942 Christopher Torian v Commonwealth 07/30/1996
trial was timely & no error in nunc pro tunc order
0092963 Lynchburg Foundry Co, et al. v Richard W. Parks 07/23/1996
condition causally related to injury by accident (SA)
0363963 Robert Kelly Blum v VEC and City of Bedford 07/23/1996
claimant discharged for work related misconduct (SA)
0493951 Jeffrey Nelson Riddick v Commonwealth 07/23/1996
no violation of speedy trial rights
0519961 John Daniel Grantham v B&S Landscaping, Inc, et al 07/23/1996
no specific questions presented on appeal (SA)
0596953 Gary Lee Sloas v Babcock & Wilcox, etc., et al. 07/23/1996
employer proved claimant able to perform preinjury employment
0663952 Vaughan Monroe Cunningham v Novella Cunningham 07/23/1996
divorce decree/spousal and child support/equitable distribution
0757964 Safeway Stores, Inc. v Jensie Joanna Pope 07/23/1996
carpal tunnel syndrome
1547953 Goodwill Industries, etc. et al. v Faye H. Easley 07/23/1996
evidence supports reimbursement for medical treatment
1717952 Dwayne Ronald Harley v Commonwealth 07/23/1996
error in sentencing hearing
1943951 Robert Lee Boley v Commonwealth 07/23/1996
insufficient evidence to support convictions
2740954 Richard J. Myers v Jennifer D. Myers 07/23/1996
no error in child custody award (SA)
0112964 Rockingham, etc., et al. v Deborah Ann Eye, et al. 07/16/1996
employer failed to prove willful misconduct (SA)
0582951 George Coleman Hudgins v Commonwealth 07/16/1996
sufficient evidence to show intent
1853951 Leroy Leo Edmunds, Jr. v Commonwealth 07/16/1996
lawful seizure of drugs
2238953 Albert K. Breeding v Janet D. Breeding 07/16/1996
error in calculation in arrearage amount
2445951 Virginia Bonds v Marvin Anderson 07/16/1996
no error in custody award
2637953 Franceon A. Ford v C.M. Offray & Son, Inc., et al. 07/16/1996
carpal tunnel syndrome not compensable occupational disease
2639954 Jennifer Lynn Bartlett v Anthony Dean Rennier 07/16/1996
divorce decree and spousal support
2762951 Jose Martinez v Commonwealth 07/16/1996
seizure of evidence lawful
2801953 Stephen M. Smith v Judy Chaffin Smith 07/16/1996
spousal support (SA)
2839952 Janet Marshall Taylor v Edwin Cooke Taylor 07/16/1996
divorce decree (SA)
2921953 Herman Norris Elliott v Josephine A Jacobs Elliott 07/16/1996
no error in spousal support and attorney's fees awards
2964953 Coeburn-Norton-Wise, etc v Daniel Jay Sexton 07/16/1996
WCC erred in finding credible evidence to prove injury by accid.
3002954 Glenn R. Miller v Margaret R. Miller 07/16/1996
no error in contempt finding (SA)
3024952 Louisa Public Schools, et al. v Grover L. Bradley 07/16/1996
no error in ruling injury arose out of accident through employmnt
0282963 Commonwealth v David Wayne Hall 07/15/1996
statements violated Sixth Amendment right to counsel
0118961 Mary Ellen Guilfoyle v Joseph Charles Guilfoyle 07/09/1996
no error in spousal support and attorney's fees award
0192952 Jermaine Thomas v Commonwealth 07/09/1996
no error in refusing to suppress evid: search was consensual
0237952 Charles J. Perry v Commonwealth 07/09/1996
sufficient evidence to support convicts of robbery, assault, etc.
0487964 Pub. Broadcasting Serv., et al. v Mary Pax-Shipley 07/09/1996
WCC erred in finding condition occupational disease
0640962 Commonwealth/Dept. of Soc. Serv. v Virginia Tyson 07/09/1996
WCC erred in finding carpal tunnel syndrome occupational disease
0843951 Matthew Douglas Harley v Commonwealth 07/09/1996
evidence established the requisite malice for convictions
1178952 Ernest Clinton Robinette v Commonwealth 07/09/1996
sufficient evidence to support conviction of dui
2075951 Juanita V. Grove v Irving D. Grove, Sr. 07/09/1996
tc erred in failing to consider evidence presented by wife
2085951 Joel Scott Shook v Kathleen Ann Shook 07/09/1996
divorce decree/child custody and support (SA)
2638952 Uninsured Employer's Fund v George Barnett, et al. 07/09/1996
no error in finding company not statory employer
2731954 Frank S. Mullin, III v. Shirley N. Mullin 07/09/1996
no error in denying motion to reduce child support (SA)
2902952 William A Hawthorne, et al v George Barnett, et al 07/09/1996
WCC erred in determining employee status
2920951 Philip Morris USA, et al. v Brenda Jean Armstead 07/09/1996
claimant proved injury arose out of employment
3010953 Renfro Corp., et al. v Rita D. Collins 07/09/1996
no error in award (SA)
0029961 City of Portsmouth v George Grant, Sr. 07/02/1996
evidence supports injuries resulted from employment
0161953 Harlan L. Wilson v Council of the Town of Chatham 07/02/1996
defendant voluntarily left employment
0246961 Sentara Home Care Services, et al v Daisy Garland 07/02/1996
claimant proved injury was result of employment
1040952 Gary John Wagstaff v Commonwealth 07/02/1996
sufficient evidence supports convictions attempted abduction, etc
1137953 Lillie Kelly Rice Mattox v Commonwealth 07/02/1996
no error in conviction of fraudulently obtaining public assistnce
1159952 Richard Lee Carter, Jr. v Commonwealth 07/02/1996
evidence was illegally seized; tc erred in admitting
1175951 Dwayne M. Reid v Commonwealth 07/02/1996
transfer of papers to circuit court from JDR not jurisdictional
1262951 Michael Hanes, etc. v Commonwealth 07/02/1996
no error in denying motion to suppress evidence, etc.
1543954 Lynn B. Haack v Fairfax County 07/02/1996
no error in admitting certificate of analysis
1721953 Steven Brently Parker v Commonwealth 07/02/1996
evidence supports grand larceny conviction
1849941 Jose C. Blake, etc. v Commonwealth 07/02/1996
no error in jury trial convictions robbery, firearm use in felony
2325951 F&S Electric, etc. et al. v Bernard L. O'Hara 07/02/1996
no error in interpretation of release
2618952 William L. Smith v Cheryl H. Smith 07/02/1996
error re provisions for life insurance policies in prop. settlmnt
2638941 Doris Lucress v Commonwealth 07/02/1996
no error in allowing voice identification & statement to police
2643953 City of Roanoke v Ronald F. Renick 07/02/1996
condition is occupational disease resulting from employment
2734953 Tultex Corporation, et al. v Jim Henry Stanley 07/02/1996
evidence supports injury by accident through employment
2819953 Eugene Zincke, et al. v Jane Rohrer, et al. 07/02/1996
no error in awarding custody of child to Social Services
3012953 Yokohama Tire Corp., et al. v Karen C. Blankenship 07/02/1996
evidence supports award of medical costs
0047961 Elco Concrete Co., Inc., et al. v David Tracy 06/25/1996
employer failed to show intoxication proximate cause of accident
0059962 E.I. Dupont, etc. v Frederick Jackson Mize, Jr. 06/25/1996
current condition aggravation of injury by accident
0222953 Winfred Earl Williams, Jr. v Commonwealth 06/25/1996
tc erred in declaring appellant habitual offender
0298961 Commonwealth v Eddie D. Johnson 06/25/1996
seizure not a violation of Fourth Amendment
0397963 Franklin City PW, et al v Haywood Riddick 06/25/1996
error in finding hearing loss qualifies as occupational "disease"
1250943 Hubert Garl Mullins v Commonwealth 06/25/1996
tc erred in admitting evidence, etc.
1437951 Carrie S. Barnhill v City of VA Beach, ex rel. etc 06/25/1996
no error in termination parental rights
1558951 Richard Backus, III v Commonwealth 06/25/1996
tc erred in failing to grant motion to sever
1774952 Mays Tate, Jr. v Commonwealth 06/25/1996
tc erred in allowing introduction of evidence of other crimes
1897952 Randall Lee Norton v Commonwealth 06/25/1996
insufficient evidence to support conviction: possession/cocaine
2133951 Deborah Williams v Commonwealth 06/25/1996
no error in grand larceny and felony destruction of private prop.
2763951 Kenneth C. Umstead v Virginia K. Umstead, etc. 06/25/1996
spousal support (SA)
2983951 Lucille St. Clair v Browning-Ferris Industries 06/25/1996
claimant failed to prove injury by accident (SA)
0290963 Nielsen Construction Co et al v Arnold Lester Cook 06/18/1996
carpal tunnel not defined as occupational disease
0449963 Wampler-Longacre, et al. v Shirley M. Young 06/18/1996
trigger thumb not defined as occupational disease
0450964 Samuel Richardson v Concrete Walls, Inc., et al. 06/18/1996
application not timely filed, etc.
1248954 Alvin Edward Nieder v Myeong Yae Nieder 06/18/1996
divorce decree/spousal & child support/equitable distribution
1350953 Goodyear Tire, etc. et al. v Larry D. Lanum 06/18/1996
compensable injury by accident through course of employment
2315952 Murray L. Steinberg v Katherine T. Steinberg 06/18/1996
tc failed to take evidence of issue of visitation
2737953 Lester Ronald Baker v Catherine Anne D. Baker 06/18/1996
no error in classification of property
3019953 John R. Honaker v Virginia Retirement System 06/18/1996
claimnt failed to prove good cause for waiving 90 day filing (SA)
0108963 Great Coastal Express, et al. v Janice Rucker 06/11/1996
no error in award (SA)
0588951 Pamela Flood v Eastern State Hospital 06/11/1996
WCC erred in disqualifying diagnosis of lic. clinical social work
0799951 George Haywood Bell v Commonwealth 06/11/1996
no error in preliminary hearing in general district court
0861952 Demetrius O'Neal Bell v Commonwealth 06/11/1996
sufficient evidence supports convictions: 2nd degree murder, etc.
0862951 Tereence Mack Booth, etc. v Commonwealth 06/11/1996
suff. evid. to support convicts: 2nd degree murder, use of firerm
0912951 Norris S. Harris v Commonwealth 06/11/1996
sufficient evidence to prove constructive possession of cocaine
0983951 David Lamont Mack v Commonwealth 06/11/1996
no error in admitting evidence of other charge
1074951 Terry S. Barksdale v Commonwealth 06/11/1996
no error in convictions: attempted robbery, use of firearm, etc.
1412951 Stephen Schaffer Barett v Commonwealth 06/11/1996
no erron in convict: poss of heroin in violation of Code 18.2-250
1574952 Glenn Everette Small v Commonwealth 06/11/1996
no error in summarily denying motion to set aside verdict, etc.
2270951 Denise V. Siegfeldt v Virginia Employment Comm 06/11/1996
no error in dismissal of petition, failure to file timely, etc.
2365953 Paul Allen Mason v Wytheville Golf Club, et al. 06/11/1996
no error in denying change in condition application (SA)
2518944 Michael Joseph Abolzadeh v Commonwealth 06/11/1996
no error in grand larceny instruction to jury, etc.
2690951 Constance M. Davis v John E. Davis 06/11/1996
divorce decree/spousal support
2820951 James G. Calmes, Jr. v Teresa H. Calmes 06/11/1996
no error in awarding wife share of personal injury award (SA)
2929953 Federal Mogul, etc. et al. v Ernest L. Quesenberry 06/11/1996
claimant proved maximum medical improvement (SA)
2933953 C&S Sovran Corp., et al. v Sally Stevens 06/11/1996
no error in award (SA)
2877954 Commonwealth v Bernard Payne 06/07/1996
tc erred in dismissing felony charge
0748954 David Eugene Petruska v Commonwealth 06/04/1996
no error in overruling motion for Judgment of Acquittal
0967952 Clarence Duke v Commonwealth 06/04/1996
failure to raise appealed issue at trial bars consideration
1365954 Ronald Charles Crabtree v Commonwealth 06/04/1996
defective jury instruction
1511954 Mary Ryder Brett v Lawrence G. Brett 06/04/1996
child and spousal support (SA)
1790954 Brent Arthur M. Whitaker v Commonwealth 06/04/1996
no error in jury instruction or sentencing
2379953 VA Forklift, Inc. et al. v Raymond J. Powlick 06/04/1996
no error in denial of application for a change of condition
2383954 Michael D. Labranche v Rene Joy Labranche 06/04/1996
no error in ordering payment of spousal support & marital debts
2413952 Howard Charles Robenolt, etc. v Commonwealth 06/04/1996
sufficient evidence to prove burglary
2446954 Debra Ann Brugger v Roger L. Brugger 06/04/1996
divorce decree/equitable distribution
0460952 Williw Albert Price v Commonwealth 05/28/1996
no error in admitting breath analysis certificate
1495952 Marlo Jermaine Owen v Commonwealth 05/28/1996
insufficient evidence to prove value of stolen items > $ 200.00
1579952 Gordon Michael Donowa, etc. v Commonwealth 05/28/1996
sufficient evidence to prove perjury (Code 18.2-434)
1758954 Preston Mills, Jr. v Commonwealth 05/28/1996
no error in admitting hearsay evidence, etc.
1845952 Oliver Milton Basnight, etc. v Commonwealth 05/28/1996
no error in revocation of suspended sentence
2985952 Charles A. Finchum v Sears Roebuck & Co., et al. 05/28/1996
no error in denying temporary total disability benefits
0230943 James Junious Chandler, etc. v Commonwealth 05/21/1996
sufficient evidence for conviction based on constructive possess.
0333954 Afaf Kanazeh Mann v Michael Kay Mann 05/21/1996
divorce decree/spousal support/equitable distribution
0576953 Latovia Joel Whitehead v Commonwealth 05/21/1996
no error in allowing spousal testimony
0625954 Darryl Andre Gregory v Commonwealth 05/21/1996
no error in identification procedure
0915953 Clarence Gibson, etc. v Commissioner of DMV 05/21/1996
failure to prove proposed activity complied w/ zoning ordinance
1158954 D. Michael Ingram v Donna Snarr-Ingram 05/21/1996
error in calculating child support
1617954 Jacqueline Miles v Fairfax Co. Dept. of Human Dev. 05/21/1996
no error in terminating parental rights (SA)
2778954 Rene L. Putnam v Safeway, Inc. 05/21/1996
claimant failed to prove disease arose out of employment (SA)
0701952 Daniel Carson Williams v Commonwealth 05/14/1996
no error in admitting evidence of previous sexual abuse
0775951 Prince A. McKinny, etc. v Commonwealth 05/14/1996
no error in refusing withdrawal of guilty pleas
1205953 Prescott Lawrence Henry v Commonwealth 05/14/1996
sufficient evidence to support conviction: possession of cocaine
1214952 Samuel Victor Palmer v Edna Lee Palmer 05/14/1996
equitable distribution/child custody
1316951 Bennie Ward, Jr. v City of Virginia Beach 05/14/1996
no error in accepting guilty plea
1507953 Craig Jerome Morris v Commonwealth 05/14/1996
sufficient evidence to support convic: poss of cocaine w/ intent
1777954 City of Alexandria v D. Eloise Clephas 05/14/1996
no error in award
2009953 Nat. Industrial, etc., et al. v Edward L. Williams 05/14/1996
no error in award
2129953 Woodtech, Inc., et al. v Jeffrey Douglas Collins 05/14/1996
WCC erred in benefits award
2138953 Robert Bruce Jackson v Jean Jackson Harley 05/14/1996
error in requirement to pay college expenses
2178951 Demetrice D. Allen v Newport News Ship, etc. et al 05/14/1996
claimant failed to cure unjust. refusal of selective employment
2290954 Barrie Alan Gillis v Barbara Sweeny Gillis 05/14/1996
spousal support (SA)
2539953 Walker Machine, etc. et al v Ann C. McAlpin 05/14/1996
no evidence to show violation of safety rules (SA)
2614951 Eric Paul Pike v Scott A. Hudson, et al. 05/14/1996
claimant failed to prove injury arose out of employment (SA)
2620951 Ocean Cove, etc., et al. v Stevan Lee Troutman 05/14/1996
no error in award (SA)
2627951 Anne Griffin Miller v County of James City, et al. 05/14/1996
claimant failed to prove disease a result of employment (SA)
2658951 Anthony D. Briggs v Hendricks Guttering Co, et al. 05/14/1996
claimant failed to prove injury arose out of employment (SA)
2708954 Janette Ogle v Nat Assoc of Elem School Principals 05/14/1996
claimant failed to prove injury arose out of accident (SA)
2752954 Woodward & Lothrop, et al v Scott Wayne Talbott 05/14/1996
surgery reasonable and necessary treatment (SA)
2901951 Hilda D. Pillow v Service America Corp., et al. 05/14/1996
claimant failed to prove injury by accident (SA)
0249953 James Edward Clement v Commonwealth 05/07/1996
no error in identification procedures
0694951 Travis May, s/k/a, etc. v Commonwealth 05/07/1996
no error in denying motion to suppress evidence of statements
0821953 Middle Creek Energy, Inc. et al. v Randall Baldwin 05/07/1996
injury by accident through course of employment
0835952 Walter Lee Raines, Jr. v Commonwealth 05/07/1996
sufficient evidence to support convicts: petit larceny & vandalsm
0909954 Frances Denise Hinnant v Commonwealth 05/07/1996
sufficient evidence to support convict: petit larceny
0992953 Mildred F. Gravely v Rappahannock General Hospital 05/07/1996
no error in refusal to reopen record
1256953 Judy Irene Deal Jarrells v Commonwealth 05/07/1996
sufficient evidence to sustain convict: principal to murder
1307951 John T. Poffenbarger v Commonwealth 05/07/1996
no error in revocation of suspended sentence
1784953 Mildred F. Gravely v Rappahannock General Hospital 05/07/1996
no error in denial of claim for change in condition, etc.
1974951 Dorothy Norton v Opton, Inc., et al. 05/07/1996
hearing testimony impeached by prior statements
2025942 Robert Stephen Reynolds v Commonwealth 05/07/1996
sufficient evidence to support convict: grand larceny, B&E, etc.
2134954 Edwin Koo Choy v Yamato Transport USA, Inc., et al 05/07/1996
injury not incidental to employment
2448954 Pamela Susette Parfer Watt v Winston Jeffrey Watt 05/07/1996
no error in modifying visitation schedule (SA)
2651954 Julie Ann Sangster v Triple H Properties, et al. 05/07/1996
no error in refusing to assess penalty against employer (SA)
2791953 Commonwealth v Richard Emmanuel Broggin, Jr. 05/07/1996
no error in granting suppression motion
3008954 Elva Pauline Frye v Leggett, et al. 05/07/1996
indufficient evidence to support claim of change in condition
0012963 Mildred Hackney v MP&M Coal Co., Inc. et al. 04/30/1996
claimant failed to prove injury arose out of employment
0624953 Shelby Jean Camden v VEC & Stonewall Jackson Hosp. 04/30/1996
no error in denying unemployment benefits
0777953 Gene Allen Dodd v Commonwealth 04/30/1996
no error in denying motion to suppress statement
1261953 Larry R. Beard v City of Danville Pub. Works, etal 04/30/1996
no error in denying award of attorney fees
1415953 Robyn Lavine Nenninger v Louis C. Nenninger, III 04/30/1996
no error in denying motion for support arrearages (SA)
1657952 Lewis A. Weis v Natkin & Company, et al. 04/30/1996
insufficient evidence to prove injury causally related to emplmnt
1724953 Warren Lee Chrisman v Commonwealth 04/30/1996
sufficient evidence to support robbery conviction
1961953 Courtaluds, etc., et al. v Joseph D. Ricchetti 04/30/1996
sufficient evidence to support award
2050951 James Richard Boyles v Selina M. Boyles 04/30/1996
no error in granting mother's motion to relocate (SA)
2060953 Rickey A. Maggard v North Fork Coal Corp., et al. 04/30/1996
claimant unjustifiably refused medical treatment, etc.
2518954 USAir, Inc. v James B. Hyman 04/30/1996
no error in dismissing employer's request for review (SA)
2527952 Huss Inc., et al. v Leon E. Adams 04/30/1996
suspension of benes. subject to cure if no wilful misconduct, etc
2654952 Virginia Electric & Power Co. v Robert H. Brice 04/30/1996
credible evidence supports award (SA)
2790953 Commonwealth v Kenneth Lee Mays 04/30/1996
no error in granting motion to suppress evidence
0130953 William Thomas Gibson v Commonwealth 04/23/1996
no error in convictions: forging and uttering public document
0171953 George Andrew Holland v Commonwealth 04/23/1996
no error in denying motion for mistrial
0509953 Flavia Diaz de Tanger v William Henry Tanger, III 04/23/1996
spousal support
0687954 Melvin A. Richardson v Commonwealth 04/23/1996
no error in refusing to suppress evidence
0755953 Marley Mouldings, Inc. et al v Freda W. Rotenberry 04/23/1996
claimant's asthma compensable occupational disease
0791953 Garland Scott Hodge v Commonwealth 04/23/1996
no error in jury verdict
0823953 Utility Trailer, etc et al. v James Arville Prater 04/23/1996
claimant proved causal link b/t disability & work related incidnt
0899953 Diane Marie Dreyer Ribble v Stephen Dexter Ribble 04/23/1996
child support
1104953 Roger Dale Snody v Commonwealth 04/23/1996
error in felony sentencing; evid. supports misdemeanor conviction
1195953 Michael Lynn Willis v Commonwealth 04/23/1996
no error in denying motion for copy of order
1310953 Tony Douglas Huffman v Commonwealth 04/23/1996
no error in felony conviction
1463953 Karen Chanita Powell v Commonwealth 04/23/1996
no error in revoking suspended sentences
1800943 Constance Martin Dillard v Commonwealth 04/23/1996
tc erred in failing to disqualify venireman for cause
2348954 Steven L. Comer v Pamela Parsell Comer 04/23/1996
no error in denying motion to reduce or terminate child supp.(SA)
2447951 Mark Edwards, etc. v Robert Ingalls, et al. 04/23/1996
no error in award (SA)
2498953 Lynchburg City Schools, et al v Snowie A.E. Dalton 04/23/1996
no error in holding employer responsible for medical costs (SA)
0538952 Melvin K. Acors v Commonwealth 04/16/1996
sufficient evidence to prove possession of cocaine
1516954 Robert Hyer Allison v Marleen McBride Allison 04/16/1996
no error in denial of reduction of spousal support
1587952 Mary Cassell Scott v Frederic W. Scott, Jr. 04/16/1996
prenuptual agreement
1963952 Plastic Products, Inc. et al. v Mildred C. Bullock 04/16/1996
WCC erred in award; unexplainable accident
2486953 Linda Joyce Bowers v TRW, Inc., et al. 04/16/1996
no proof of injury by accident through employment (SA)
2909954 Buren Goings v Nat. Society of Pub. Accountants 04/16/1996
no proof of injury by accident through employment (SA)
0431952 Justin Lamont Wilson v Commonwealth 04/09/1996
sufficient evidence to convict for grand larceny
0514951 Neal Joseph Jackson v Commonwealth 04/09/1996
no error in sentencing
0571952 Harold Francis Sheppard v Cynthia Caudle Sheppard 04/09/1996
enforcement of foreign judgment
0638951 John Silas Byard v Commonwealth 04/09/1996
sufficient evidence to support grand larceny conviction
0713951 David T. Vanzant, Jr. v Commonwealth 04/09/1996
no error in denial of motion to withdraw guilty pleas
0716954 Earl A. Terpstra, Jr. v Commonwealth 04/09/1996
breath test results admissable
0846951 Gregory Wiggins v Commonwealth 04/09/1996
sufficient evidence to support armed robbery conviction
0942951 Deon Andre Richardson v Commonwealth 04/09/1996
insufficient evidence for conviction: possession of cocaine
1059951 Clifton Ray Wooten v Commonwealth 04/09/1996
sufficient evidence to support conviction: posses of cocaine
1826951 Rosalyn Mayfield v The Southland Corporation, etal 04/09/1996
claimant failed to prove injury by accident through employment
1875952 Office Max, Inc., et al. v Linda Ann Morehouse 04/09/1996
sufficient evidence supports accidental injury
1978954 John Taylor Brown v Virginia Sue Anderson Brown 04/09/1996
spousal support
2038954 Susan B. Early v M. Thompson Early, Jr. 04/09/1996
separation and property settlement agreement (SA)
2100951 Craig R. Siebel Sr. v Unique Interior Design, etal 04/09/1996
no error in finding claimant independant contractor (SA)
2206951 Herman's Sporting Goods, et al. v Susan Thurmond 04/09/1996
no error in determining average weekly wage (SA)
2243954 Fund for PAID and David Kline v Bernard Nash, etal 04/09/1996
no error in contempt sanction and attorney's fees award
2271954 ATS Service/Accustaff, Inc., et al. v Timothy Gray 04/09/1996
sufficient evidence supports finding of total disability
2355954 Uninsured Employers' Fund v Curtis Mason 04/09/1996
no error in award of temporary total disability
2441954 Timothy Gray v ATS Service/Accustaff, Inc. et al. 04/09/1996
claimant terminated for justified cause
0211952 Hoang Huy Nguyen v Commonwealth 04/02/1996
suffic. evidence to convict on vehicular involuntary manslaughter
0870952 Jerome Evans v Commonwealth 04/02/1996
prior larceny conviction evidence admissable
1323954 Bessie L. Webster v VA Employment Comm., et al. 04/02/1996
claimant voluntarily left employment w/out good cause
1672952 Linda Wytiaz v Edison Brothers Stores, Inc. et al. 04/02/1996
employer not responsible for unauthorized medical treatment
1734954 Mariatou Haidara Diallo v Marriott Corporation 04/02/1996
Code 65.2-602 did not toll 2-year limitations period (SA)
1746952 Virginia State University v Almeaner Gilliam 04/02/1996
Wcc erred in finding compensable injury by accident, etc.
1960942 William L. McKeithan v Commonwealth 04/02/1996
no error in jury instruction
2060942 Alfonso Lawrence Rush, III v Commonwealth 04/02/1996
indictment sufficient to inform of charge
2142954 Stratford, etc., et al. v Phillip Alan Sharp 04/02/1996
no error in award, injury by accident through employment
2240954 Davis H. Elliot Co., Inc et al v Everette L. Price 04/02/1996
no error in award
2631942 Kalvin Donnell Coward, etc. v Commonwealth 04/02/1996
tc did not err in refusing motion to strike evidence, etc.
0581952 Mark Andrew Lankford, etc. v Commonwealth 03/26/1996
DUI conviction barred by related reckless driving conviction
0671952 Linda I. Thomas v Commonwealth 03/26/1996
no error in conviction: making or uttering false/forged prescript
0693952 Shawn Antonio Coles, etc. v Commonwealth 03/26/1996
no error in warrentless search of automobile
1406952 Eastman Kodak Company v Richard R. Stremovihtg 03/26/1996
WCC erred in awarding temp. total disab; no error in med. benefit
1515952 Leslie Boyd v Harold L. Boyd 03/26/1996
divorce decree/equitable distribution
1861954 Donald Ray Scroggins v Catherine M. Scroggins 03/26/1996
spousal support/equitable distribution (SA)
2058942 Alfonso Lawrence Rush, III v Commonwealth 03/26/1996
no error in convict: distribution of cocaine, Code 18.2-248(a)
2168952 Danville School Board, et al. v Thelma H. Chilton 03/26/1996
change in condition related to compensable injury by accident
2212951 William Byrd Reed v Douthtie's Foods, Inc., et al. 03/26/1996
insufficient evid to prove injury by accident (SA)
2254951 Anheuser Busch Co, Inc, et al v John G. Stevens Jr 03/26/1996
sufficient evid to prove injury by accident (SA)
2428942 Robert Mathew Lyne v Commonwealth 03/26/1996
no error in conviction: credit card theft, Code 18.2-192(1)(a)
0295953 Brandon Lee King v Commenwealth 03/19/1996
no error in declining to suppress inculpatory statement to police
0367953 R. R. Donnelley & Sons Company v Gladys V. Cabell 03/19/1996
carpal tunnel not compensable as occupational disease
0388952 Brian Keith Stone, etc. v Commonwealth 03/19/1996
sufficient evidence to support convict possession of cocaine, etc
1050951 Joseph Dean Gardner v Commonwealth 03/19/1996
tc erred in admitting inculpatory statements
1203952 Matthew Kris Smith v Commonwealth 03/19/1996
sufficient evidence to support conviction possess of cocaine, etc
1754943 George Eugene Robinson v Commonwealth 03/19/1996
no error in convictions: possession of cocaine w/ intent, etc.
1820954 Ralph Franklin Bacon v Patricia Lynn Bacon 03/19/1996
child support arrearages (SA)
1933951 Shirley A. Tucker v American First Properties etal 03/19/1996
no error in suspension of benefits (SA)
1939954 Fresh Fields Markets, et al. v Valerie Smith 03/19/1996
injuries do not qualify as compensable occupational disease
1960951 American First Properties, et al v Shirley Tucker 03/19/1996
claimant proved injury by accident (SA)
1965954 Uninsured Employers' Fund v Chen 03/19/1996
claimant proved work-related injury
2118952 MCV Hospital/Commonwealth v Violet Ford-Hill 03/19/1996
carpal tunnel not compensable as an occupational disease
2167953 Snydergeneral Corp., et al. v Gerald W. Johnson 03/19/1996
injuries do not qualify as compensable occupational disease
2369954 Merillat Indust. etc. et al. v Mary Lee Presgraves 03/19/1996
carpal tunnel not compensabel as an occupational disease
2371952 Theodore Mack Seal v The Muffler Shop, Inc, et al. 03/19/1996
no error in WCC's decision (SA)
2387942 Bernard Lewis Miles, Jr. v Commonwealth 03/19/1996
no error in admitting Commonwealth's rebuttal evidence
2430953 American Safety Razor Co, et al. v Sheryl N. Green 03/19/1996
injuries do not qualify as compensable occupational disease
2525942 Eric Smith v Commonwealth 03/19/1996
sufficient evidence to support conviction distribution of cocaine
2592943 Kenneth A. Grimshaw v Robbie Jean Grimshaw 03/19/1996
failure to appeal final orders
2602952 Southtech, Inc., et al. v Allison Davis 03/19/1996
carpal tunnel not compensable as an occupational disease
2665953 W. C. English, Inc. v Cheryl L. Leisenring 03/19/1996
carpal tunnel not compensable as an occupational disease
0654952 Michael E. Copeland v Commonwealth 03/12/1996
insuff. evidence to prove driving on suspended or revoked license
0830954 Stafford County, et al. v Peggy Lee Smith 03/12/1996
credible evidence supports award
1474954 EWC Construction, et al. v Kenneth Arnold Payne 03/12/1996
emplyr failed to record settlement by filing Memo. of Agreement
1493952 Formex, Inc, etc., et al. v Charles Randal Miley 03/12/1996
claimant justified in not seeking employment
1754953 Cathy Lovell v Bassett-Walker, Inc. 03/12/1996
failure to prove carpal tunnel syndrome disease (SA)
1792953 Cindy H. Thomasson v Sara Lee Knit Products, et al 03/12/1996
no error in denying application for compensation (SA)
1812952 Eldora James v Best Products Company, Inc., et al. 03/12/1996
no error in denying application for compensation (SA)
1923951 Anthonette S. T. Pellegrino v Joseph S. Pellegrino 03/12/1996
equitable distribution (SA)
1946942 Thomas Langston v Commonwealth 03/12/1996
no error in refusing to remove jurors or in jury instructions
1957953 Elizabeth J. M. Hendrick v Howard Benton Hendrick 03/12/1996
equitable distribution (SA)
2020954 Bok Duk Kim v Cash Flex, et al. 03/12/1996
no error in denying application for compensation (SA)
2164953 Roy Edward Smith v Koch Raven, etc., et al. 03/12/1996
claimant failed to prove disability related to injury (SA)
2529944 Elizabeth H. Lewis v Hamburger Hamlet, Inc., et al 03/12/1996
insuff. evidence to sustain burden of proof of disability (SA)
2531943 William Gale Anderson v Betty Ann Anderson 03/12/1996
equitable distribution
0258952 Diane L. Hughes v Commonweath 03/05/1996
no error in convictions: misdemeanor child neglect
0527952 John D. Hurley v Commonwealth 03/05/1996
suff. evid. to prove intoxification while operating automobile
0562953 Sean S. Young, etc. v Commonwealth 03/05/1996
suff. evidence to support convict: possession of firearm
0795954 Marshall Lee Adair v Commonwealth 03/05/1996
no error in admitting statement
1358954 Shirley D. Shockey v J. Donald Shockey, Jr. 03/05/1996
divorce decree
1617942 Antoinette J. Ferris v Charles W. Ferris, III 03/05/1996
equitable distribution
1694951 Stephen J. Tutunjian, Jr. v Yvonne H. Tutunjian 03/05/1996
divorce decree
1807944 Scott Paul Dellinger v Commonwealth 03/05/1996
issues on appeal not preserved during trial
1844954 James D. Wagner v Jett Mechanincal, Inc. et al. 03/05/1996
employer not required to file Petition to Vacate award (SA)
1946954 Metro Bldg., etc., et al. v Robert C. Christianson 03/05/1996
claimant cured earlier refusal of employment
1970944 Michael Ervin Travers v Commonwealth 03/05/1996
no error in excluding statements to police, etc.
2063953 Dominion Coal Corp. et al. v Thomas Milton Roberts 03/05/1996
statute of limitations did not bar claim (SA)
2087952 William Wayne Wimer, Sr. v S.T. Wooten Const. etal 03/05/1996
no error in denying application/res judicata (SA)
2204951 Bay Area Movers, etc., et al. v Luke W. Mixon, Sr. 03/05/1996
no error in denying change in condition application (SA)
2285943 Calvin Bowe v Commonwealth 03/05/1996
no error in allowing spouse to testify
0184952 Stephen Constantine, etc. v Commonwealth 02/27/1996
insufficient evidence to support conviction: grand larceny
0239953 Vickie Lynn Fields v David Carl Fields 02/27/1996
property settlement agreement valid
0389951 Hervert Clayton Moretz v Commonwealth 02/27/1996
no error in admitting evidence; lawful seizure
0475952 Charles Norman Thompson v Commonwealth 02/27/1996
sufficient evidence supports convict: attempted dist. of cocaine
0544954 Clarence Scott Legg v Commonwealth 02/27/1996
no violation of double jeopardy clause
1016952 Tracy Eugene Talbot v Black Industries, Inc. et al 02/27/1996
WCC erred in denying request for change in physician
1502951 Donald Eugene Umphlett v Norfolk Ship. etc. et al. 02/27/1996
no error in WCC's suspension of benefits
1526952 Tultex Corporation v Edward Santuk 02/27/1996
sufficient evidence to prove injury by accident through employmnt
1570951 Tammy Gail Walden Cole v Robert Clark Cole 02/27/1996
child custody
1595942 Melvin Alexander Moore v Commonwealth 02/27/1996
no error in admitting expert witness testimony
2065954 Bridgestone, etc., et al. v Michael J. Doernberg 02/27/1996
injury by accident (SA)
2225953 C.R. Wooten Trucking, Inc, et al. v Donald Chaffin 02/27/1996
injuries arose out of employment (SA)
2449954 Arlington Hospital, etc. et al. v Estelle Geisen 02/27/1996
report did not qualify as after-discovered evidence
0134953 Earl E. Jarrett v Commonwealth 02/20/1996
suffic. evid. to support convict.: aggrav. sexual battery/child
0194953 Town of Jonesville, etc, et al. v Robert H. Sword 02/20/1996
WCC did not err in award of tempory total disability benefits
0565953 RDL - Salem, VA v Ronnie Ryan Richardson 02/20/1996
evidence supports continued disability
0572953 Mark Edward Robinson v Commonwealth 02/20/1996
evid insuffic. to prove intent to distribute cocaine
1048954 Taylor Walkingshield, et al. v Culpepper Co. DSS 02/20/1996
district court order not final and not appealable (SA)
1061943 William Bryant Brantley, etc. v City of Danville 02/20/1996
city ordinance not void at time of arrest
1451944 Denise Kelly O'Brien, etc. v Commonwealth 02/20/1996
sufficient evidence to prove embezzlement
1476954 Ezzat Zein v Nora H. Zein 02/20/1996
spousal support/equitable distribution (Sa)
1588952 Martin C. Davidson, Jr. v Rhonda O. Davidson 02/20/1996
divorce decree (SA)
1924943 Mark Allen Van Lear v Commonweatlh 02/20/1996
tc erred in applying statutory presumption of intoxication
1984942 Marcus A. White v Commonwealth 02/20/1996
suffic. evidence to support conviction of voluntary manslaughter
2059951 Franklin Equipment Co et al v Claudette M. Woodley 02/20/1996
carpal tunnel (SA)
2158951 Center Ford, et al v Bryant S. Byrd 02/20/1996
emp. not equitably estopped from relying on stat. of limits (SA)
2232953 Heyward Joseph Tumlin v Goodyear Tire, etc. et al. 02/20/1996
WCC did not err in decision (SA)
2499942 Will Rogers Loving, Jr. v Commonwealth 02/20/1996
no error in conviction for use of firearm in commission of murder
0110952 David B. Dunkum v Brenda Lee Gifford 02/13/1996
child support
0122952 Travis Lloyd Gifford, etc. v David B. Dunkum 02/13/1996
child support
0123952 Travis Lloyd Gifford, etc. v David B. Dunkum 02/13/1996
child support
0149953 Walter Everett Childress v Appalachian Power Co. 02/13/1996
claimant justifiably refused medical treatment
0165953 Charlotte M. Peck v Tultex Corporation, et al. 02/13/1996
injury did not arise out of employment
0273942 Robert A. Bruce, s/k/a, etc. v Commonwealth 02/13/1996
tc did not err in convictions: 1st degree murder, etc.
0303953 Loretta Roberts v Philip Nathaniel Williams 02/13/1996
child custody
0390953 Charito B. Newland v William R. Neal, Jr. 02/13/1996
child custody
0631952 J.C.Penney Company, et al. v Niki Costianis 02/13/1996
employer failed to make bona fide offer of selective employment
0712942 Bobby Alexander Shelton v Commonwealth 02/13/1996
tc did not take judicial notice of facts outside the record
1340952 Mary Wright Juarez v Gilbert E. Juarez 02/13/1996
child custody (SA)
1477951 Commonwealth v Louis Bernard McClean 02/13/1996
no error in sustaining motion to suppress
1551943 Kenneth Charles Cleveland v Commonwealth 02/13/1996
insuff evidence to support convictions: poss of cocaine, etc.
1719943 Walter S. Jones v Commonwealth 02/13/1996
marital priv. not waived by calling spouse as witness at prelim.
1896943 Sampson Price Terry v Commonwealth 02/13/1996
suffic. evid. for convict. & no error in denying suppress motion
1958943 David Martin Woodruff v Commonwealth 02/13/1996
tc did not err in allowing testimony
1971953 Vic T. Dye v Helen Cregger Dye 02/13/1996
equitable distribution (SA)
2067952 Commonwealth v Oral Wellesley Griggs, etc. 02/13/1996
tc did not err in pretrial ruling to suppress evidence
2357941 Todd Emerson Tebault v Commonwealth 02/13/1996
no error in conviction of attempting to posses cocaine
2376943 William James Buchanan v Commonwealth 02/13/1996
tc did not err in convictions of robbery and murder
2659943 Marc Klokow, s/k/a, etc. v Commonwealth 02/13/1996
time period covered by suspended sentence expired
0026952 Linda F. White v William H. White, Jr. 02/06/1996
tc did not err in denying request for attorney's fees
0115951 Isiah Edwards, Jr. v Commonwealth 02/06/1996
tc did not err in denying motion to suppress evidence
0247951 Kenneth Arnold Smith, Jr. v Commonwealth 02/06/1996
habitual offender
0355954 Donald Lovelle Pelham v Commonwealth 02/06/1996
tc did not err in rrefusing to permit questioning of victim
0510954 United Airlines v Shirley Komack 02/06/1996
carpal tunnel syndrome
0649954 Donald Carter Brown v Nancy N. Brown 02/06/1996
divorce decree/spousal support/equitable distribution
0761954 Ioannis Anastasis v C&T Painting Co., et al. 02/06/1996
claimant failed to prove injury from identifiable incident
0781943 Mark Anthony Reid v Commonwealth 02/06/1996
tc did not err in admitting evidence
1043951 Jerry Howard Jump v Patricia Collins Jump 02/06/1996
equitable distribution
1290951 Michael Evans v Div of Child Support Enforce, etal 02/06/1996
tc did not err in denying motion to reduce child support (SA)
1626944 Sean Anthony Randolph v Commonwealth 02/06/1996
tc did not err in denying motion to suppress evidence
1666954 Thelma M St. Clair v Great Eastern Resort Mgt etal 02/06/1996
claimant failed to prove injury related to accident (SA)
1764951 Penn National Security, etc v Ronald J Kubesh etal 02/06/1996
injury by accident through work (SA)
1827954 Nat. Fruit Prods. Co., etc v Herman M. Clark, III 02/06/1996
credible evidence supports award (SA)
2045941 Herbert Lewis, Sr. v Commonwealth 02/06/1996
tc did not err in admitting evidence or refusing instructions
2047954 Commonwealth v Tony Sirrell Mann 02/06/1996
tc erred in granting motion to suppress evidence
2049942 Jamal R. Brent, etc. v Commonwealth 02/06/1996
tc did not err in refusing hearsay evidence
2272951 Blockbuster, etc, et al. v Sheree A. Ludwig-Tiller 02/06/1996
credible evidence supports award
2278941 Jacob E. Baer, Jr. v Ann Courtney Andrews Baer 02/06/1996
divorce decree/spousal support/equitable distribution
2345944 Suzanne Hughes v DSS Arlington County 02/06/1996
tc did not err in terminating parental rights
2520934 Michael Roy Fuller v Commonwealth 02/06/1996
tc did not err in conviction: attempting to obstruct justice
2645943 Gerald L. Cummings v Pamela Greenwood Cummings 02/06/1996
equitable distribution
2646944 Ronald D. Carver v Commonwealth 02/06/1996
tc did not err in refusing motion for continuance
0064952 Lloyd Jordan Byers, Jr. v Commonwealth 01/30/1996
habitual offender
0225951 Trevon Terrell Olds v Commonwealth 01/30/1996
evidence at trial established identity of perp as defendant
0306951 Timothy Purcell Clark v Commonwealth 01/30/1996
no error in charging & trying defendant for capital murder
0382953 Tultex Corporation v Kimberly S. Brown 01/30/1996
claimant justified in refusing to work
0387951 Patrick D. Golden v Commonwealth 01/30/1996
evid sufficnt to support convict/poss of cocaine Code 18.2-250(a)
0416951 Charles W. Vincent v Commonwealth 01/30/1996
no error in convictions: unethical solicitation of gift
0557951 Charles W. Vincent v Commonwealth 01/30/1996
no error in convictions: unethical solicitation of gift
0703943 Karen Watts Johnson v Commonwealth 01/30/1996
insuff evid to support convicts: hit & run, etc.
0713942 Luis Antonio Ortega v Commonwealth 01/30/1996
tc imporperly limited cross-examination
0763951 Susan Elaine Mavity v Sugar 'N Spice, etc., et al. 01/30/1996
WCC erred in calculating average weekly wage
1064952 Murray L. Steinberg v Katherine T. Steinberg, etc 01/30/1996
child support (SA)
1280951 Nancy W. Harrison v W. Gordon Harrison, III 01/30/1996
spousal & child support
1483951 Peoples Telephone Co Inc v Richard J. Garrity, Jr 01/30/1996
insuff evidence to support award of temp. total disablity benes
1696942 Earl Antonio Hill v Commonwealth 01/30/1996
insuff evidence to support convicts: forging & uttering
1863954 Debra L. McMenimen v County of Stafford Fire, etc. 01/30/1996
no proof condition related to injury by accident (SA)
1913942 Robert A. Worley v Commonwealth 01/30/1996
tc erred in overruling motion to suppress & ruling the stop legal
1915952 Albert B. Darensbourg v Huss, Inc., et al. 01/30/1996
claim time barred (SA)
2306941 Donald Edward Cherry v Commonwealth 01/30/1996
tc did not err in third offense petit larceny charge
0111952 George A. Hughes v Commonwealth 01/23/1996
evidence insufficient to prove possession of weapon
0126954 Walter Jack Davis v Commonwealth 01/23/1996
tc did not err in refusing to permit evidence of employment, etc.
0181953 VA Dept of Transportation v Roy David Mitchell 01/23/1996
credible evidence supports WCC's decision, injury by accident
0446952 Laura R. D. DeCapri v Christopher D. DeCapri 01/23/1996
child custody
0595952 Capital Truck Center v Charles P. Highlander, Sr. 01/23/1996
WCC did not err in award
0721954 Jackie Costello Ingram v Commonwealth 01/23/1996
no error in admitting certified copy of Certificate of Analysis
0722954 Jackie Costello Ingram v Commonwealth 01/23/1996
no error in admitting certified copy of Certificate of Analysis
0847954 Miroslava Whitt Gordon v Michael Whitt 01/23/1996
property settlement agreement
1127952 Edwin Eugene Gelletly v Elana H. Gelletly 01/23/1996
spousal support (SA)
1585953 Glenna Michelle Babb v Scott Co. Dept. of Soc Serv 01/23/1996
tc did not err in terminating parental rights (SA)
1778954 Fannon Petroleum, etc., et al. v John D. Price 01/23/1996
WCC did not err in award (SA)
1779952 Pence Nissan Oldsmobile, et al v Darryl D. Oliver 01/23/1996
WCC did not err in award (SA)
1864953 Safelite Glass Corp., et al. v Ricky Lynn Campbell 01/23/1996
WCC did not err in award
1879952 Zinaida R. Soyfer v St. Mary's Hospital, et al. 01/23/1996
claimant failed to prove condition result of comp. injury (SA)
1887953 Roy L. Blevins, Sr. v Giles Co. Tech. Center, etc. 01/23/1996
claim was time barred (SA)
1992942 Jessie Lee Blackwell, etc. v Commonwealth 01/23/1996
evidence sufficiency issue not preserved for appeal Rule 5A:18
2127953 Cecil D. McCormick, Jr. v Neff Masonry, Inc. et al 01/23/1996
claimant unjustifiably refused selective employment (SA)
2209942 Kenneth Allen Green, Jr. v Commonwealth 01/23/1996
defendant did not waive right to jury trial
2473942 Alvin B. Turner v Commonwealth 01/23/1996
CW failed to establish prima facie case of statutory burglary
0682943 William Ray Layne v Commonwealth 01/16/1996
tc did not err in admitting testimony
0860954 Jackson H. Gerwe v Judith Gerwe 01/16/1996
divorce decree, spousal support, equitable distribution
1272942 Daniel Cotton v Commonwealth 01/16/1996
timely and adequate discovery not provided
1671944 Glen Douglas Green, Jr. v Commonwealth 01/16/1996
tc did not err in jury instructions
1773942 Carlton Harris, etc. v Commonwealth 01/16/1996
evidence sufficient to prove possession of cocaine
2240943 Wilma S. Gardner v VEC, Hercules Inc., et al. 01/16/1996
defendant not qualified for umemployment benefits
0429954 Hector Maya, Jr. v Susan E. Maya 01/11/1996
child support
0485943 Ernest Edward Brummett v Commonwealth 01/11/1996
tc erred in not admitting forensic evidence, etc.
0540954 Jamil Powell v Commonwealth 01/11/1996
tc did not err in jury instructions
0709951 The Unin. Emp.'s Fund v Clara Annette Thrush, etal 01/11/1996
WCC erroneously calculated average weekly wage
0746954 SNH Corp., et al. v VA ABC Board 01/11/1996
ABC Board did not err in suspending licenses
0781953 Roanoke County, et al. v Mason Walter Ferris 01/11/1996
emp's conduct prejudiced claimant from filing timely claim (SA)
0868943 Garnet Nelson Price v Commonwealth 01/11/1996
tc did not err in admitting testimony and instruction
1190951 Sherry Lynn Knight v Mitchell L. Laney, et al. 01/11/1996
interlocutory order of adoption (SA)
1735951 Maryview Medical Center, et al v Kathy Ann Shirley 01/11/1996
WCC did not err in award (SA)
1829942 Cecil G. Fleming v Commonwealth 01/11/1996
error in admitting transcript of record didn't affect verdict
2347941 Dameine J. Griffin, etc. v Commonwealth 01/11/1996
sufficient evidence to support convictions: poss. of cocaine, etc
2467944 Advanced Lock & Safe Inc. etal v Robert S. Heidorn 01/11/1996
injury arose out of employment
0396952 Yogurt Enterprises, et al v Daphne E. Wohlford 12/29/1995
WCC did not err in award
0418954 James J. Mortimer v Teri L. Mortimer 12/29/1995
divorce decree/spousal and child support/equitable distribution
0449954 Greg E. Moxness v Elaine D. Moxness 12/29/1995
spousal support
0524954 Sharon A. Harvey v Jan Voris Harvey 12/29/1995
equitable distribution
0634952 Ivory Johnson Martin v C&J Clark America Inc. etal 12/29/1995
WCC did not err in dismissing claim with prejudice
1177953 Marvin V. Templeton & Sons, et al v Darnell Dixon 12/29/1995
violation of safety rules not bar from receiving award (SA)
1305952 Howard Williams Dawson v Shelby Fogg Dawson 12/29/1995
equitable distribution (SA)
1582942 James Edward Crawley, Jr. v Commonwealth 12/29/1995
insufficient evidence to prove possession of drugs
1613952 Commonwealth v Quincy Demond Powell 12/29/1995
tc did not err in suppressing evidence
1618953 Rocco Further Processing, et al v Barbara E Nelson 12/29/1995
compensable occupational disease (SA)
1635953 Uninsured Employers' Fund v Tactical Group, et al. 12/29/1995
WCC did not err in allowing raising of lack of notice defense
1667951 J.F. Cattell, etc, et al. v Lois A. Powell 12/29/1995
Carpal tunnel syndrome (SA)
1674952 Richmond Motor Co., et al. v Michael J. Davis 12/29/1995
WCC did not err in award (SA)
1675953 Tactical Group, Inc v Jimmy Ray Lucas, et al 12/29/1995
claimant was employee rather than independant contractor
1756952 Burnley Moran Elem. School et al v Stewart Morton 12/29/1995
WCC did not err in award (SA)
1781942 James Douglas Riley v Commonwealth 12/29/1995
sufficient evidence to support conviction of second degree murder
1782942 Walter Lynn Simmons v Commonwealth 12/29/1995
sufficient evidence to support conviction for rape
1868953 Owens Brockway, et al v Cynthia Sue Berry 12/29/1995
carpal tunnel syndrome
2094942 William Edward Waldrop v Commonwealth 12/29/1995
tc did not err in conviction: grand larceny by embezzlement, etc.
2547942 Alice Dagenhart v Commonwealth 12/29/1995
tc erred in conviction for violation of Code 18.2-181
2664944 Maurice Daniel Reed v Commonwealth 12/29/1995
tc did not err in allowing testimony
1880951 Merchant's Tire, et al. v Edwin Charles Holden 12/27/1995
claimant sustained injury by accident
0035954 Mark U. Price v Arlington Dept. of Human Services 12/19/1995
tc did not err in terminating parental rights (SA)
0065954 Linda L. Donley v Arlington Dept. of Human Service 12/19/1995
tc did not err in terminating parental rights (SA)
0756943 Robert Lee Brock v Commonwealth 12/19/1995
insufficient evidence to support convictions
0990943 Charles Thomas Elkins v Commonwealth 12/19/1995
habitual offender
1003943 Charlie Maurice Hairston v Commonwealth 12/19/1995
speedy trial statute not violated
1275944 Conrad E. Koneczny v Marie A. Koneczny 12/19/1995
husband in contempt of court for failing to pay house repair (SA)
1548954 Brown & Root, Inc, et al. v Luther H. Richards 12/19/1995
WCC did not err in award (SA)
1556954 Bruce Henry v Prof. Building Maintenance, et al. 12/19/1995
WCC did not err in requiring claimant to submit to IME (SA)
1565941 Cary Clinton Stacy v Commonwealth 12/19/1995
evidence insufficient to support conviction: poss of heroin, etc
1584953 JPS Converter, et al v VEC and Charlotte Laprade 12/19/1995
actions did not constitute willful misconduct
2072942 Sidney Delwood Thacker, Sr. v Commonwealth 12/19/1995
evidence failed to support instant conviction
2300941 Gary Dean Stevens v Commonwealth 12/19/1995
sufficient evidence to support conviction
2303943 Bristol Compressors, etc v Harry E. Waters 12/19/1995
claimant proved compensable injury by accident through employment
2561943 City of Roanoke Fire Dept. v John H. Anderson 12/19/1995
WCC did not err in award
0124953 Sandra T. Johnson v Cracker Barrel, etc., et al. 12/12/1995
Wcc erred in orderin a change of physicians
0146953 Thomas M. Gerni v VA Employment Commission, et al. 12/12/1995
VEC did not err in denying unemployment compensation benefits
0938943 Boyd Clifton Ziglar v Commonwealth 12/12/1995
actions endangered life, limb or property
1523952 Centin Corporation, et al. v Lee E. Mitchem 12/12/1995
WCC did not err in award (SA)
1671951 Gwendolyn Scott v Autumn Care of Portsmouth, et al 12/12/1995
claimant failed to prove occupational disease (SA)
1805953 Wampler-Longacre, Inc., et al. v Betty D. Hill 12/12/1995
carpal tunnel syndrome
1876941 David Hawkins v Commonwealth 12/12/1995
tc did not err in allowing testimony
2065941 Calvin Lee Bland v Commonwealth 12/12/1995
sufficient evidence to support conviction: 2nd degree murder, etc
2331944 Beverly Jackson v Alexandria DSS 12/12/1995
tc erred in terminating residual parental rights
0208952 Sears, Roebuck & Co., et al v David Otis Pierce 12/05/1995
claimant proved injury by accident through employment
0399951 Kenneth Wayne Long v Commonwealth 12/05/1995
convictions not violation of double jeopardy
0559942 Arthur Rambert v Commonwealth 12/05/1995
admission of other crimes not reversable error
0613941 Troy Johnson v Commonwealth 12/05/1995
tc did not err in convictions: 1st degree murder, uses of firearm
0749942 Willie Lee Williams, Jr. v Commonwealth 12/05/1995
evidence sufficient to support convict: posses of heroin w/ intnt
0943952 Gregory P. Stoneman v Vickie A. Stoneman 12/05/1995
spousal support (SA)
1056944 John Joseph Greaser v Commonwealth 12/05/1995
habitual offender
1405952 David F. White v Coleman Adams Construction, et al 12/05/1995
claimant failed to prove disability related to injury (SA)
1497954 Blake Construction Co., et al v Henry Young 12/05/1995
WCC did not err in award (SA)
1558941 Tyrone Oscar Jackson, etc. v Commonwealth 12/05/1995
CW failed to produce exculpatory evidence prior to trial
2086942 William McFadden, et al. v Aleida Mejia McFadden 12/05/1995
child support, paternity, etc.
2183944 Courtney H. Shelton v Commonwealth 12/05/1995
tc did not err in convicts: possess of cocaine, etc.
2343941 Terry Denovis McCloud v Commonwealth 12/05/1995
tc did not err in admitting evidence
2445943 Shenandoah, etc., et al. v Gary Douglas Pruett 12/05/1995
claimant failed to prove disability work related
0652951 Ketchin Equipment Company v Ronald Biafore 11/28/1995
employer responsible for claimant's medical payments
0754954 Public Broadcasting Services, et al v Mary E. Pax 11/28/1995
claimant proved condition result of employment
0760951 Robert Garrett v Karen Forbes-Garrett 11/28/1995
divorce decree
1010952 Laura Burnside Barber v Oscar Marion Barber 11/28/1995
equitable distribution (SA)
1017952 Oscar Marion Barber v Laura Burnside Barber 11/28/1995
equitable distribution (SA)
1237951 Wood Vending, Inc., et al. v Daniel Harold Minesky 11/28/1995
claimant made reasonable effort to market residual work cap. (SA)
2261944 Paul M. Dodson v Commonwealth 11/28/1995
tc erred in allowing statement
2571941 Oscar Foster v Commonwealth 11/28/1995
sufficient evidence to support convicts: poss of drugs w/ intent
0799942 Bernice Lynn Murphy v Commonwealth 11/27/1995
10/24/95 opinion vacated and reissued
0101952 Lisa Ramona Pendleton v Tri-Dim Filter Corp., etal 11/21/1995
WCC erred in denying application
0153953 Rocco, etc., et al. v Loretta Turner Lingenfelter 11/21/1995
compensable occupational disease (SA)
0180951 Marvin Pulley v Dept. Environmental Quality, et al 11/21/1995
tc did not err in procedural bar
0232953 Craig Manufact. Co., et al. v Josephine Bradfield 11/21/1995
carpal tunnel syndrome (SA)
0412942 David Lee Jackson v Commonwealth 11/21/1995
tc did not abuse discretion by denying continuance
0537951 Kevin O. Crump v Colonial Masonry, Inc., et al 11/21/1995
WCC erred in denying application
0655953 J.E. Morgan, et al. v Beverly L. Enright 11/21/1995
carpal tunnel syndrome (SA)
0965953 WLR Foods, Inc., et al. v Scott L. Cubbage 11/21/1995
wCC erred in award
1069952 Henrico County School Board v Cornelia W. Waters 11/21/1995
compensable occupational disease (SA)
1327953 Tara K Coal Co., et al. v Glenn Collier 11/21/1995
hearing loss qualifies as compensable occupational disease (SA)
1330953 Perdue Farms, Inc. v Susan B. McDaniel 11/21/1995
compensable occupational disease (SA)
1369954 WFS Financial Corp., et al. v Jean S. Tomboulian 11/21/1995
medical treatment causally related to compen. inj. by accid. (SA)
1449953 Lois V. Rucker v Bacova Guild, Ltd., et al 11/21/1995
carpal tunnel syndrome causally related to to employment (SA)
1506953 Wampler-Longacre, Inc., et al. v Shirley M. Young 11/21/1995
compensable occupational diseases (SA)
2019941 Kevin Andre Jones v Commonwealth 11/21/1995
tc did not err in conviction aggravated malicious wounding
2070943 Sonoce Products Company, et al. v Gerald L. Black 11/21/1995
carpal tunnel syndrome compensable occupational disease (SA)
0409954 Raymond James Nigh v Helen P. Nigh 11/14/1995
divorce decree/spousal support/equitable distribution (SA)
0437951 Dynair C.F.E. Services, Inc. v Perry Lee Rempas 11/14/1995
WCC did not err in award
0671932 Avarette M. Everwien, etc. v Commonwealth 11/14/1995
evid suff to support convicts: 1st degree murder & use of firearm
0739952 Susan L. Klein v James L. Klein 11/14/1995
divorce decree (SA)
1120953 Joyce Schaar Good v American Safety Razor Co, etal 11/14/1995
claimant able to return to pre-injury work (SA)
1217951 Bernard Goldberg v Jane A. Goldberg 11/14/1995
divorce decree/equitable distribution (SA)
1265952 Food Lion, Inc., et al. v Thomas E. Stretcher 11/14/1995
claimant proved injury by accident through course of employment
1328941 Patricia A. Jones v Commonwealth 11/14/1995
venue proved & evidence sufficient to support convictions
1548941 Robert Leon Parker v Commonwealth 11/14/1995
tc did not err in admitting evidence
1720941 Bernard Lee Brown v Commonwealth 11/14/1995
tc did not err in denying motion for rehearing of supp. motion
2403941 Linwood W. Burt v McLean Contracting Co, et al. 11/14/1995
application for benefits not timely filed
0328952 The Uninsured Employers' Fund v John Mayfield etal 11/07/1995
appeal of WCC's award
0381954 Cheryl A. Greenfield v Bruce R. Greenfield 11/07/1995
tc did not err in requirtin appellant to pay marital debt
0718952 Alexander C. Graham, Jr. v Terrell C. Graham 11/07/1995
equitable distribution (SA)
0830942 Timothy Barron Jefferson v Commonwealth 11/07/1995
tc erred in admitting bank records into evidence
0917953 Judy Ann Witt v Roanoke City Dept of Social Serv. 11/07/1995
tc did not err in terminating residual parental rights (SA)
1004954 D.G.P. v E.C.P. 11/07/1995
equitable distribution (SA)
1030954 E.C.P. v D.G.P. 11/07/1995
equitable distribution (SA)
1055951 Jack B. McCready v Schulderberg, etc., et al 11/07/1995
claimant failed to produce disability rating (SA)
1353951 Peter O. Ridgway v Lillian Vernon Corp, et al 11/07/1995
condition not related to compensable injury by accident (SA)
1498952 Gladys Phyllis Rose Shelton v UVA and Commonwealth 11/07/1995
claimant failed to timely file application
1730942 Edward Anderson Washington, Jr. v Commonwealth 11/07/1995
tc did not err in admitting evidence
2071954 Phuc T. Dao v Ngoc Thi Nhu Nguyen 11/07/1995
spousal support (SA)
2236941 Keith W. Hoban v VA WCC, Div. of Crime Vict., etc 11/07/1995
claimant contributed to infliction of injuries
2284943 Sunnyside Pres. Home, et al v Phyllis M. Shifflett 11/07/1995
carpal tunnell syndrome constitutes disease (SA)
2452941 Anthony Earl Mason v Commonwealth 11/07/1995
tc did not err in convicts: poss of cocaine and firearm
2464944 Donald Webster v Commonwealth 11/07/1995
defendant procedurally barred from issue on appeal
2574944 Charles Michael Guffey v Mary E. Guffey, etc. 11/07/1995
property settlement agreement
0076952 Janie Strong Nicklaus v David Strong, et al 10/31/1995
child custody (SA)
0301951 Haywood Riddick v Franklin City Public Works, etal 10/31/1995
remanded to WCC to reconsider compensable disease
0627954 City of Hampton v Richard Woodrow Hancock 10/31/1995
WCC did not err in award
0633954 Washington Metro., etc. v Stephen E. Richeson 10/31/1995
evidence supports disability due to carpal tunnel syndrome
0914954 Francis P. Keough v Mary E. (Keough) Pelletieri 10/31/1995
tc did not err in denying "Motion to Correct Order" (SA)
0924941 Nancy Mulvaney v Commonwealth 10/31/1995
sufficient evidence to support convict.: embezzlement
0971952 Melvin P. Wagner v R.S. Harritan & Co., et al. 10/31/1995
claimant failed to prove disability related to injury (SA)
1085944 Stephon P. Fauntleroy v Commonwealth 10/31/1995
tc did not err in admitting testimony of hanwriting expert
1294952 Jeffrey Mitchell Weakley v T. A. Geer & Sons, etal 10/31/1995
claimant failed to prove injury by accident from employment (SA)
1389953 McMurphy Coal Co., et al. v Eddie Lee Miller 10/31/1995
claimant proved injury by accident from employment (SA)
1477944 Brian Dudley McNeil v Commonwealth 10/31/1995
tc did not err in conviction of DUI
1483941 James Anthony Brockett v Commonwealth 10/31/1995
evidence sufficient to support conviction: possession of cocaine
1658941 Gerald Francis Rowland v Commonwealth 10/31/1995
evidence supports convict.: conceal merchandise Code 18.2-103
1703944 Barie Tyrone Polhamus v Commonwealth 10/31/1995
CW proved reasonable explanation on unavailability of blood test
1943942 Roanld Lee Harris v Commonwealth 10/31/1995
tc did not err in refusing to suppress evidence
1959941 John Lewis Tinker v Commonwealth 10/31/1995
sufficient evidence to support convict.: poss of cocaine w/ intnt
1975941 Brian Roberts v Commonwealth 10/31/1995
tc did not err in denying motion to suppress
2301943 Tyson Foods, Inc. v Angela Gladwell 10/31/1995
claimant's carpal tunnel syndrome comp. occupational disease (SA)
0168952 Wendy Collins (Alexander) v Charles Alexander, IV 10/24/1995
child support
0176954 Arlington Renaiss. Hotel et al. v Maria E. Ramirez 10/24/1995
WCC's conclusion re: claimant's credibility unsupported in record
0790942 Stanley Reynold Brathwaite v Commonwealth 10/24/1995
Rehearing En Banc granted on 10/16/95
0793942 Valeton Pratt v Commonwealth 10/24/1995
suff evidence supports convict: poss firearm after previous felny
0917942 Steven Jerome Johnson v Commonwealth 10/24/1995
right to speedy trial not violated per Code 19.2-243
1033941 Robert Branam, etc. v Commonwealth 10/24/1995
insufficient evidence to support verdicts: sex. explic. material
1091951 Roger Franklin Forrest v Ball Metal Container, etc 10/24/1995
claimant unjustifiably refused selective employment (SA)
1151944 Jerome Darnell Holmes v Commonwealth 10/24/1995
tc did not err in jury instruction
1199942 David Ray Riggs, Jr. v Commonwealth 10/24/1995
sufficient evidence supports convictions: robbery, use of firearm
1281944 Jerry D. Matthews v Commonwealth 10/24/1995
tc erred in admitting evidence after test results ruled inadmiss
1314944 Dwight Antoine Bushnell v Commonwealth 10/24/1995
tc did not err in refusing to suppress evidence
1386954 Pine Ridge Lansdcaping, etc. v Ergil R. Solorzano 10/24/1995
employer did not prove fraud or misrepresentation
1445942 David Franklin Curtis v Town of Colonial Beach 10/24/1995
insuff. evidence to support convict of Class 1 misdemeanor
1499942 Gayle Franklin Combs v Commonwealth 10/24/1995
insuff. evidence to support convict: possession of marijuana
2517942 Bennett Mineral Co., et al v Christopher Fayette 10/24/1995
claimant's carpal tunnel syndrome, etc qualified as "diseases"
0059954 Jessica H. Laverty v Thomas Kent H. Laverty 10/17/1995
child support
0071954 Samuel Gifford Murphy v Deborah Hutchins Murphy 10/17/1995
divorce decree/child support
0603952 Thomas O. Petree v Marie T. Petree 10/17/1995
property settlement agreement (SA)
0650953 Cynthia S. Humphrey v Quarles Q-Stop Div., et al. 10/17/1995
claimant failed to prove disability related to injury (SA)
0666952 John M. Hackett v Ace Electric Co., et al. 10/17/1995
claimant failed to prove injury by accident (SA)
0792944 Cecil Adrian Allison v Commonwealth 10/17/1995
tc erred in denying motion to sever
0937953 Ace Carpentry, Inc., et al. v Daniel Greer 10/17/1995
WCC did not err in reinstating compensation benefits (SA)
1103942 Steven Chambers, etc. v Commonwealth 10/17/1995
tc did not err in admitting evidence: lab cert. of analysis, etc
1478944 Frank T. Slonka v Joan Louise Pennline, etc. 10/17/1995
child support
1481944 William Harrison Parker, etc v Commonwealth 10/17/1995
tc did not err in conviction: habitual offender Code 46.2-357
2004944 William L. Sullivan v County of Arlington 10/17/1995
record on appeal inadequate for appellate review
2184932 Rodney Mosbey, etc. v Commonwealth 10/17/1995
tc did not err in convictions: poss cocaine w/ intent, etc.
2213941 Charles Joseph Kratz v Belinda Kay Nelson Kratz 10/17/1995
order not appealable, interlocutory decree
2219944 Karen I. Sabean Schlieper v Charles Roy Schlieper 10/17/1995
divorce decree
2507944 Letsa E. Kinsley v Ralph D. Kinsley 10/17/1995
civil contempt hearing and other issues
0789941 Gerald Hankinson v Commonwealth 10/10/1995
insufficient evidence to support conviction of DUI
0821942 Darrick Hamilton Hood v Commonwealth 10/10/1995
seizure violated Fourth Amendment
0849953 Thomas E. Hughes v Hughes Maintenance, etc, et al. 10/10/1995
claimant failed to prove injury by accident through emplymnt (SA)
0894941 Stanley Reid v Commonwealth 10/10/1995
tc did not err in refusing to grant motion for mistrial
0896941 Calvin Files v Commonwealth 10/10/1995
defendant's right to speedy trial was not violated Code 19.2-243
1001954 Karen Sue O'Barr v AUM, Inc., etc., et al. 10/10/1995
claimant failed to prove injury by accident through emplymnt (SA)
1233953 Ronald R. Tolbert, Jr. v Electrolux Corp., et al. 10/10/1995
claimant failed to prove occupational disease from emplymnt (SA)
1435941 Mercedes Christina Russell v Commonwealth 10/10/1995
convicts (cruelty & injuries to children) not violat. doub. jeop.
1544941 Bobby F. Collins v Commonwealth 10/10/1995
suff evid to support conviction, aggravated sexual battery
1659944 Earl A. Terpstra, Jr. v Commonwealth 10/10/1995
tc did not err in admitting uncounseled predicate offense
2360941 Elbert Lee Spencer v Tarmac Mid-Atlantic, Inc. 10/10/1995
20% penalty not due to claimant under Code 65.2-524
2388941 Thomas Allan Walters v Karen E. Riesbeck Walters 10/10/1995
divorce decree/spousal and child support/equitable distribution
2469941 Farm Fresh, et al. v William Gregory Golicic 10/10/1995
claimnt misrepresented physical condition on job application
2546941 Wal Mart Stores, Inc. et al., v Ronald S. Boyce 10/10/1995
claimant proved injury by accident arising out of employment
0094951 Groundwater Tech., Inc., et al v John Troy Partin 10/03/1995
evid. supports compen. accid. injury; WCC erred in award benefits
0157942 William Boyd Swinson v Commonwealth 10/03/1995
tc did not err in conviction: petit larceny, Code 18.2-178
0167954 Donald C. McIntyre v Garnet M. McIntyre 10/03/1995
divorce decree/spousal support/equitable distribution
0601942 Charles Burbbick, Jr., etc. v Commonwealth 10/03/1995
evidence admissable, probable cause for search
0602953 Joanie Marie Bryant v Tultex Corporation 10/03/1995
claimnt failed to prove carpal tun. causally related to emp. (SA)
0688942 David Glenn Graber v Commonwealth 10/03/1995
evid. suff. to support conviction: malicious attempted wounding
0859941 Ronald Marshall v Commonwealth 10/03/1995
tc did not err in excluding signed statements from evidence
0891953 James R. Carter v Pittsylvania Co. Sherriff's Dept 10/03/1995
WCC did not err in denying motion to reopen record (SA)
1090953 Johnny A. Murray v Westmoreland Coal Company 10/03/1995
emp. wasn't responsible for cost of medical equipment (SA)
1147951 Doretha Leola Thomas v John Samuel Thomas 10/03/1995
equitable distribution (SA)
1756944 Michael Dwayne Carter v Commonwealth 10/03/1995
evidence insufficient to prove conspiracy to distribute cocaine
1839944 Paul Bourne Ross v Commonwealth 10/03/1995
evidence sufficient to support conviction of DUI
2255941 Charles E. Rich v Edwards Grain & Fertilizer, etc 10/03/1995
wcc did not err in terminating benefits
2339944 Paul Pierre Smyth v Amy Ruth Smyth 10/03/1995
child support
2516941 Tidewater Equipment Corp. v David Earl Russell 10/03/1995
claimnt did not misrepresent physical cond. to procure employment
0352952 Dennis Ray McGuire v Dobbs International, etc etal 09/26/1995
claimant failed to prove injury related to compensble injury (SA)
0662953 Donald Louis Davidson v Kathy L. Normile Davidson 09/26/1995
property settlement agreement (SA)
0712953 Laura D. Perfater v Ames Textile Corporation et al 09/26/1995
claimant failed to prove injury related to compensble injury (SA)
0788954 Giant Food, Inc, et al. v Josephine C. Price 09/26/1995
credible evidence supports WCC award (SA)
0805952 Signet Banking Corp, et al. v Deborah Meade-Cromer 09/26/1995
treating physician made valid referral for treatment (SA)
0811954 Maria A. Wooldridge v Montgomery Ward, etc., et al 09/26/1995
change in condition time-barred, Code 65.2-708 (SA)
0705952 Commonwealth v David Winthrop Paschall 09/20/1995
tc erred in granting motion to suppress evidence
0179951 Corliss A. Tacosa v City of Newport News 09/19/1995
claimant provoked assault (SA)
0207954 Boar's Head, etc., et al. v Judy Inez Woodley 09/19/1995
compensable occupational disease: carpal tunnel syndrome (SA)
0432954 America E. Earl v Edwin O. Earl 09/19/1995
spousal support/equitable distribution (SA)
0459954 Johnny Robinson v Ealey, Gibson, etc., et al. 09/19/1995
no error in finding change in condition app. time barred (SA)
0561954 Larry Andrew Pangle v Gwen Hall Pangle 09/19/1995
equitable distribution (SA)
0570953 Dickenson County Med Center, et al. v Janie Beller 09/19/1995
WCC did not err in awarding temp. total disability benefits (SA)
0651953 Richard G. Broschinski v Alcoa Building Prod. etal 09/19/1995
letter from counselor not a medical report; Code 65.2-603 (SA)
0660951 Montgomery Ward & Co., Inc. v Richard M. Dozier 09/19/1995
claimant failed to prove injury by accident (SA)
0665952 Catercorp, Inc., et al. v Gerald Hall 09/19/1995
credible evidence supports WCC's finding (SA)
0704952 Commonwealth v Gary Lee Christian 09/19/1995
tc erred in granting motion to suppress evidence
0750954 Mary Ellen Hines, etc. v Larry Joe Wagstaff 09/19/1995
closing date for injunction complies with Code 8.01-624 (SA)
0758952 Eagle Industrial, etc, et al. v William Terry Kite 09/19/1995
claimant did not violate safety rule (SA)
0855954 Linda Julia Miller v Laubscher, etc., et al. 09/19/1995
benefits suspended until claimnt cooperates w/ rehab efforts (SA)
0929952 Tarif Shabazz Allah v Rockingham Constr. Co., etal 09/19/1995
employer not responsible for cost of unauthorized treatment (SA)
2629941 Charles H. Crennel v Mildred L. Henderson Crennel 09/19/1995
divorce decree/equitable distribution
1957943 Food Lion, Inc. v Kenneth J. Gardner 09/12/1995
sufficient evid to prove occupational disease: carpal tunnel
2064943 Neighbors of VA, Inc., et al. v. Nancy A. Digangi 09/12/1995
sufficient evidence to prove occupational disease
0227953 Margaret S. Suits v Virginia Employ. Comm., et al. 09/05/1995
defdnt did not qualify for unemployment benefits (SA)
0979952 Rappahanock Framing, etc, et al. v Timothy Trent 09/05/1995
claimant suffered total disability (SA)
1355944 Troy Anthony Burke v. Commonwealth 09/05/1995
CW failed to prove intent to distribute cocaine
2160931 Mitchell A. Townsend v. Commonwealth 09/05/1995
conviction violated defdnt's rights under Code 19.2-243
0233954 Scott William Clearwater v Mobil Oil Corp., et al. 08/29/1995
claimant failed to prove injuries arose out of employment (SA)
0284954 Harold W. Poppe v Dorothy D. Poppe 08/29/1995
equitable distribution (SA)
0319954 James Thomas Hendricks v Ridgeway Clocks Co, et al 08/29/1995
claimant failed to prove injury arose out of employment (SA)
0368954 Albert V. Dougherty v Elizabeth C. Dougherty 08/29/1995
divorce decree/spousal support/equitable distribution (SA)
0413942 Leon Junius McDaniels, Jr, etc. v Commonwealth 08/29/1995
tc did not err in denying motion to suppress evidence
0460943 Charles W. Simmons v Commonwealth 08/29/1995
tc improperly instructed jury
0717954 Debra C. Jones v Virginia Employment Comm., et al. 08/29/1995
appellee failed to file appeal satisfying code requirements (SA)
0954942 Jesse Lee Bolin v Commonwealth 08/29/1995
tc did not err in refusing to suppress evidence
1391942 Carl Darnell Noel v Commonwealth 08/29/1995
sufficient evidence to support convictions: distrib. of cocaine
2576931 Randolph Edward Carthune, etc v Commonwealth 08/29/1995
tc did not err in jury instruction or admitting evidence
0437943 Timothy Louis Fields v Commonwealth 08/22/1995
Commonwealth satisfied burden of proof: objects were firearms
0617944 Olen A. Lebby v Commonwealth 08/22/1995
tc erred in allowing into evidence identy of DC police officer
0697943 Scott Wayne Waldo v Commonwealth 08/22/1995
sufficient evidence to support conviction: concealed weapon
0838943 Raleigh Milton Dodson v Commonwealth 08/22/1995
evid. sufficient to support convictions: posses of cocaine/intent
1925942 Carolina E. Leach, et al. v Commonwealth, et al. 08/22/1995
DMAS correctly terminated applnt's participation in Waiver Progrm
2096944 Ronald W. Tschippert v Elizabeth M. Tschippert 08/22/1995
divorce decree/spousal support/corrected copy
0719954 Marlowe Heating, etc, et al. v Clifford R. Long 08/21/1995
WCC erred in award
0577942 Herbert Lee Evans v Commonwealth 08/15/1995
Rehearing En Banc granted on August 14, 1995
1599943 Jermel Rodney Davis, etc v Commonwealth 08/15/1995
evid sufficient to support convicts: attempted murder/firearm use
2294932 Michael Anthony Starr, etc. v Commonwealth 08/15/1995
tc did not err in limiting scope of cross-examination of witness
0615952 Bennett Mineral Co., et al. v Thomas Broache, Jr. 08/08/1995
WCC did not err in award/compensable occupational disease
0678943 Edward L. Mohler, Jr. v Commonwealth 08/08/1995
appellant's due process rights were not violated
0852943 Carl Thomas Brown, Jr. v Commonwealth 08/08/1995
sufficient evidence to support conviction/poss w/ intent to distr
1434932 Kenneth E. Viar v Commonwealth 08/08/1995
sufficient evid to support convic./possess vehicle w/ VIN removed
2128941 Hampton Roads Admirals, et al. v Patrick Cavanagh 08/08/1995
WCC erred in adding weekly meal allowance to award
2206941 Suffolk Public Schools v Goldie L. Scoggins 08/08/1995
credible evidence supports WCC's finding
0308952 Joe L. Dodson v Haymes Brothers, Inc., et al 08/01/1995
claimant unjustifiably refused selective employment (SA)
0410951 Adrian J. Harris v Eastern State Hosp/Commonwealth 08/01/1995
med records support WCC's finding/not totally disabled (SA)
0609943 Richard Shane Via v Commonwealth 08/01/1995
tc did not err in denying motions: suppress evidence & dismiss
0927944 Margaret Jane Cryor Gaynor v Frederick S. Hird, Jr 08/01/1995
divorce decree/equitable distribution
0928944 Margaret Jane Cryor Gaynor v Frederick S. Hird, Jr 08/01/1995
divorce decree/equitable distribution
0941941 Tracy Larmont Johnson v Commonwealth 08/01/1995
tc did not err in allowing jury strikes
1071942 Clarence E. Jones v Commonwealth 08/01/1995
tc did not err in convictions: murder, attept murder, firearm use
1172942 Cesar Hernandez Blake, Jr. v Commonwealth 08/01/1995
sufficient evid. to constitute offense under VA law/drug distrib.
1227944 Margaret Jane Cryor Gaynor v Frederick S. Hird, Jr 08/01/1995
divorce decree/equitable distribution
1331942 Gregory Eugene Coleman v Commonwealth 08/01/1995
tc did not err in allowing into evidence prior felony convictions
1353932 Herbert W. Lux, Jr. v County of Spotsylvania 08/01/1995
sufficient evidence to support convictions: violating county code
1364942 Bernard E. Samuels, etc v Commonwealth 08/01/1995
sufficient evid. to support convictions: possess cocaine, firearm
1775942 John Curtis Mitchell v Commonwealth 08/01/1995
evidence was properly admitted, search & seizure were lawful
1902931 George Thomas Smith, Jr. v Commonwealth 08/01/1995
sufficient circumstancial evidence to prove victim not spouse
1923942 Tamekia Anderson v Commonwealth 08/01/1995
sufficient evidence to prove requisite intent to injure persons
2483932 Edward Lorenz, a/k/a Akito Kunimoto v Commonwealth 08/01/1995
sufficient evidence to establish malice in death of child
2524941 Cochran Const Co, et al v Charles J. Martin, et al 08/01/1995
no credible evidence to support disease contracted from employer
0124943 Raymond NMN Blackwell v Commonwealth 07/25/1995
tc erred in denying motion to produce sample of evid for testing
0636943 Kathryn S. Newcomb v Paul W. Newcomb 07/25/1995
spousal support/equitable distribution
0914941 Osburne Wynn, etc v Commonwealth 07/25/1995
appeal issues were not properly presented to tc
1195943 Paul W. Newcomb v Kathryn S. Newcomb 07/25/1995
spousal support/equitable distribution
1240941 Robert Cuppett v Commonwealth 07/25/1995
evidence sufficient to support conviction/arson of motor vehicle
1326943 Freddie Eugene Casey, etc v Commonwealth 07/25/1995
tc did not err in jury instructions
1419941 Maida Development Co, et al v Carolyn C. Hayslett 07/25/1995
WCC did not err in award
1627941 James Michael Kirby v Commonwealth 07/25/1995
tc correctly excluded disputed evidence
1660941 John C. Lumpkin v Suzanne Marie Kazmarski Lumpkin 07/25/1995
divorce decree/spousal & child support/equitable distribution
2270941 Teagle & Little, et al. v James J. Balchunis 07/25/1995
injury arose out of employment
0001954 Stephen B. Joyce v Patricia K. Joyce 07/18/1995
divorce decree/equitable distribution (SA)
0036954 Leroy Clinton West v Betsy E. West 07/18/1995
equitable distribution/spousal support (SA)
0079954 Jorge Quant v The Salvation Army, Inc., et al. 07/18/1995
credible evidence supports denial of recovery benefits (SA)
0184943 John David Dugan v Commonwealth 07/18/1995
tc did not err in allowing prior "stabbing" incident admitted
0229953 MCR Property, etc., et al. v Michael W. Slagle . 07/18/1995
credibel evidence supports finding injury by accident (SA)
0293954 Eastern Air., etc., et al. v Vincent Raymond Janes 07/18/1995
WCC did not err in awarding permanent total disability benes (SA)
0326943 Joseph Simon Cook v Town of Wytheville 07/18/1995
arrest was made w/in 2 hours of the time of the offense
0336951 Deborah A. Fisher v VA Electric & Power Company 07/18/1995
claimnt failed to prove causal relationship b/t accid & disab(SA)
0391951 Linda M. Cowan v Pine of York, et al. 07/18/1995
insuff evid to support rotator cuff tear, etc are diseases (SA)
0406953 Gary W. Ritenour v Merit Janitorial Services, etal 07/18/1995
claimant's injury proximately resulted from willful miscondct(SA)
1456941 Marcus Booker Collins v Commonwealth 07/18/1995
evidence sufficient to support convictions/distribution cocaine
1575941 Denaldo Maurice Hill v Commonwealth 07/18/1995
tc did not err in disallowing juror strike - discrimination
1693943 K. Robin Laing v Stephen Dade Walker 07/18/1995
child custody
1874943 John Brooke, Jr. v Terry Young Willis 07/18/1995
child custody (SA)
1977944 Charles Gilbert Taylor v Commonwealth 07/18/1995
tc did not err in admitting blood test results
2256944 Sharon Hathaway Forrest v Gregory Lawrence Ruhlin 07/18/1995
child custody (SA)
2580933 Jonathan Alexander Granger v Commonwealth 07/18/1995
tc did not err in denying appellant's request for expert assist.
0616954 Angela May Jenkins v Wrangler, Inc./VF Corporation 07/17/1995
WCC erred in finding claimant did not prove disability
0349943 James Lee Lane v Commonwealth 07/11/1995
tc did not err in refusing to strike jurors & limiting cross exam
2408933 Harvey Earl Driggs v City of Martinsville 07/11/1995
tc did not err in admitting copy of prior conviction for DUI
0069951 City of Norfolk v Janet Vaughan 07/05/1995
WCC erred in award/injury did not arise out of employment
0594941 George Frederick Delaney v Commonwealth 07/05/1995
tc did not err in admitting prior convictions
0618943 Christina Maria Keene v Commonwealth 07/05/1995
tc did not err in overruling motions to strike juror
1307941 Kester Ansel Marcus v Commonwealth 07/05/1995
evidence sufficient to support conviction/distribution of cocaine
1473941 Sean A. Boone v Commonwealth 07/05/1995
evidence supports convictions/offenses don't constitute doub jeop
1737944 Lydda Myers v James T. Brolin, a/k/a, etc 07/05/1995
tc erred in not requiring father to verify identity & employment
1871943 Linda P. Williams v Hoechst Celanese Corp., et al 07/05/1995
limitations period expired/claimant failed to file forms
1898932 Edward Hill v Commonwealth 07/05/1995
Commonwealth's argument was proper
1978941 Francisco Saucedo, etc v Commonwealth 07/05/1995
tc did not err in refusing to permit counsel to ask question
1993931 Terrell Hickman v Commonwealth 07/05/1995
Rehearing En Banc granted on 06/28/95
2013941 Dale Old, etc v Darryll F. Huckaby 07/05/1995
failure to wear seatbelt was not proximate cause of injury
2044941 Eula Melinda Woodson v Smithfield Packing Co, etal 07/05/1995
claimant failed to prove occupational disease
2344944 American Automobile Assoc. v Audrey George and VEC 07/05/1995
evidence proves employee was not guilty of willful misconduct
2345933 William J. Hill, Sr. v Commonwealth 07/05/1995
evid suff for convictions/obtaining perscrip drugs by fraud
2559931 Jeffery Claiborne Allen, etc v Commonwealth 07/05/1995
Rehearing En Banc granted on 06/27/95
0060954 Fairfax County School Board v Ronald R. Wisniewski 06/27/1995
employer's evidence did not sustain burden of proof (SA)
0072951 Glenford Keith Miller v Hall Auto Mall, et al. 06/27/1995
claim barred by Code 65.2-309 (SA)
0074941 Tony Bernard Brown v Commonwealth 06/27/1995
tc did not err in convictions: rape, abduction, robbery and a&b
0095954 Avtex Fibers, Inc., et al. v Jeffery A. Cook 06/27/1995
credible evidence supports comm's award (SA)
0200944 Rodney S. Small, Jr. v Commonwealth 06/27/1995
tc did not err in denying motions for mistrial or continuance
0273954 Automotive Indust., Inc, et al v Mary Ann Jenkins 06/27/1995
credible evidence supports compensable occupational disease (SA)
0647931 Eugene Lamont Owens v Commonwealth 06/27/1995
tc did not err in allowing statements made after arrest
1623933 Gary Wilson Douglas v Commonwealth 06/27/1995
chain of custody of evidence was sufficiently established
2041944 Wendy Lee Taddonio v Frank Thomas Taddonio 06/27/1995
child support (SA)
2373943 Brenda Bower v VEC and Roanoke College 06/27/1995
VEC did not err in denying unemployment benes/term. miscndct (SA)
2421941 Christopher Wright v Richardson Wayland, etc, etal 06/27/1995
commission was properly assembled
2602944 Jaime Alfonso Garcia v Barlows, Inc., et al. 06/27/1995
claimnt failed to prove injuries from compen injury (SA)
2604943 Billy H. Vance v Keen Mountain Correctional Center 06/27/1995
claimants evidence did not sustain burden of proof (SA)
2625942 Soho Center, et al. v Mary Grace 06/27/1995
credible evidence supports comm's award (SA)
2627941 Jack's Ice Cream, Inc. et al v Betty S. Richardson 06/27/1995
claimant proved injury by accident (SA)
0361934 Lamont Alphonso Hawkins v Commonwealth 06/20/1995
tc did not err in admitting evidence
0451943 Lois Marie Sirry Peterson v Donald Eugene Peterson 06/20/1995
spousal support
1225943 Keen Drilling, etc, et al v Jerry Asa Smith 06/20/1995
credible evidence supports Commission's decision
1642931 Jase Marcellus Mondy, etc v Commonwealth 06/20/1995
evidence sufficient to support convictions/first degree murder
1804931 Samuel Wynn v Commonwealth 06/20/1995
evidence insufficient to prove defendant was part of a mob
1805931 Michael Simmons v Commonwealth 06/20/1995
evidence insufficient to prove defendant was part of a mob
1825931 Allen Iverson v Commonwealth 06/20/1995
evidence insufficient to prove defendant was part of a mob
2147944 Judith Ann Snyder v Ronald Lee Snyder 06/20/1995
divorce decree/child and spousal support/equitable distribution
2477941 Michael Keith Layne v Loretta Goodman Layne 06/20/1995
spousal support (SA)
1076943 Ruddick Corporation, etc v Julia A. Robertson 06/13/1995
evidence insufficient to support award
1198942 Pamela Hunter Claytor, etc v Mark Franklin Suter 06/13/1995
divorce decree/child support/equitable distribution
1762941 B&F Contracting Corp, et al v Joseph F. Beitler 06/13/1995
sufficient evidence to support finding/compensable injury by acc.
1986931 Larry Ramirez Miller 06/13/1995
defense counsel failed to state ground for obj to instruction
2091931 Larry Ramirez Miller v Commonwealth 06/13/1995
defense counsel failed to state ground for obj to instruction
2424932 Anthony Montrey Wooten, etc v Commonwealth 06/13/1995
defendant failed to raise issues before trial court
2442941 George M. Smith, III v Trend Form, Inc., etc 06/13/1995
claimant failed to prove injury caused by employment (SA)
2467931 Steven Lynn Kirby v Commonwealth 06/13/1995
tc correctly excluded evidence and attendant instruction
2541942 Dynatran, etc. v Rose Marie Cooke 06/13/1995
WCC did not err in award (SA)
0069941 Delroy Wilson v Commonwealth 06/06/1995
tc's refusal to admit statement was erroneous, but harmless
0615944 Dennis Wade Haynes v Commonwealth 06/06/1995
counsel failed to object to issues raised on appeal/suff evidence
0707941 Kenyatta Ferrel Christian v Commonwealth 06/06/1995
tc did not err in permitting "objected to" question
0837944 Camellia Lou Fries v Commonwealth 06/06/1995
tc did not err in allowing statements in juvenile's trial
0987931 Robin Kalleen Radcliff v Commonwealth 06/06/1995
evidence sufficient to support convictiction; speedy trial
1514941 Charles Ray Belch v Ray Belch Home Maint. et al. 06/06/1995
claimant failed to prove injury by accident
1842944 Joseph Blackwell v April Construction Co, Inc etal 06/06/1995
injury by accident arose out of employment
1939943 Fred W. Grice v Linda D. Grice 06/06/1995
child and spousal support (SA)
1985944 Jeffrey K. MacNelly v Martha S. MacNelly 06/06/1995
child and spousal support
2390944 C&C Plumbing, Inc., et al v William Vaughn 06/06/1995
claimant did not refuse selective employment
2402941 Lee Roy Holmes v R. Kenneth Weeks Engineers, et al 06/06/1995
claimant failed to prove injury by accident (SA)
2527944 Fairfax County School Board v Katherine Berg 06/06/1995
WCC did not err in award of temporary total disability (SA)
2530931 Demetrius Lamone Larry v Commonwealth 06/06/1995
warrentless search & seizure was reasonable
2555944 Freeman Decorating Co., et al v Joseph Trammel 06/06/1995
claimant was timely in filing change in condition application
2569931 Joseph Booker Worrell, III v Commonwealth 06/06/1995
tc did not err in denying motion to suppress evidence
0029954 Jose Alonzo Flores v Tito Contractors, et al. 05/30/1995
WCC did not err in denying petition for attorney's fees
0127954 Safeway, Inc. v Harmon E. Ball 05/30/1995
credible evidence supports WCC's award
0297944 Clifford Lamont Silver v Commonwealth 05/30/1995
sufficient evidence to support conv/robbery as principal 2nd degr
0553941 Michael E. Cooper, etc v Commonwealth 05/30/1995
evidence is sufficient to prove requisite malice for conviction
1081941 Kenneth W. Zerbe v Kenkev Company, et al. 05/30/1995
claimant failed to prove identifiable incident
1619942 Preston Trucking Co, Inc, et al v Rex L. Barton 05/30/1995
WCC did not err in award/tempory total disability
1794941 Ronald Douglas Smith v Kershaw Automotive, et al. 05/30/1995
claimant refused selective employment/award suspended
1824944 Gary Wayne Greene v Commonwealth 05/30/1995
evidence sufficient to support conviction/forge. of public record
1901944 Jean J. Aidonis v Jessie M. Brooks 05/30/1995
divorce decree/child custody/equitable distribution
1976931 Horace L. Taylor v Commonwealth 05/30/1995
evidence is sufficient to support conv./poss w/ intent distibute
2293943 Halmor Corp., etc., et al. v Robert Donald Kelley 05/30/1995
evidence supports injury by accident (SA)
2358944 Samuel A. Barnes v Guardian Auto Glass, et al. 05/30/1995
claimant failed to establish disability (SA)
2389944 Elaine Anne Musser v David Robert Musser 05/30/1995
guilty of contempt/child custody (SA)
2400941 Maria E. Russo v Capital Gardens, etc., et al 05/30/1995
claimant failed to prove injury by accident (SA)
2422934 Joan C. Raymond v Commonwealth 05/30/1995
evidence was properly attested as required by statute
2437931 Antonio Sharpe, etc. v Commonwealth 05/30/1995
defendant failed to present issues to the trial court
2459941 Ronald Lee Allen, Sr. v Peggy Ann Allen 05/30/1995
divorce decree/child custody/equitable distribution
2553931 David L. Lindsey v Commonwealth 05/30/1995
tc did not err in denying motion for continuance
0004954 Burton Sweet v Kmart Corporation 05/23/1995
claimant failed to prove injury arose out of employment (SA)
0016954 Diana Rivenback v Fairfax Dept of Human Devel. 05/23/1995
evidence sufficient for terminating parental rights (SA)
0106954 Lilly Trucking of VA, Inc, et al v Curtis R. Haley 05/23/1995
WCC did not err ruling total disability from indust. accidnt (SA)
0589941 Elvis Quinn Washington v Commonwealth 05/23/1995
tc did not err in closing courtroom & expert testimony
0912941 David Thomas Diaz v Commonwealth 05/23/1995
prior convictions admissible into evidence to satisfy elem. proof
0995941 Ricky A. Taylor v Commonwealth 05/23/1995
evidence sufficient to support seperate crime of abduction
1487944 Paul Brundage v Edity Emily Brundage 05/23/1995
divorce decree/spousal support/equitable distribution
1571944 Edith Emily Brundage v Paul Brundage 05/23/1995
divorce decree/spousal support/equitable distribution
1572942 Burnadine Y. Chandler v ARA Food Services, et al 05/23/1995
Rehearing En Banc granted on May 16, 1995
1771944 Raymond Rivenbark v Fairfax Dept of Human Devel. 05/23/1995
evidence sufficient for terminating parental rights (SA)
2092944 Sarah Almira Reynolds, etc v Fred Andrew Reynolds 05/23/1995
child custody (SA)
2106942 Charles H. Cuthbert, Jr. v VA ABC Board, et al 05/23/1995
ABC Board did not err in granting license (SA)
2181943 Engineering Design & Sales, et al v Joyce A Miller 05/23/1995
claimant proved a compensable occupational disease (SA)
2196942 John C. Magruder v VA Dept of Forrestry, et al 05/23/1995
claimant failed to prove compensable injury by accident (SA)
2314942 Alonzo E. Murphy v Frank Ix & Sons, Inc., et al. 05/23/1995
WCC did not err in denying award (SA)
2447941 Timothy T. Williams v City of Norfolk, etc 05/23/1995
WCC did not err in relying on doctor's opinion (SA)
2494943 Hillard Heggie Tharp v William A. Hazel Cons. etal 05/23/1995
claimant failed to give timely notice (SA)
2577943 Wells Fargo Armored, et al v William O. Carter, Jr 05/23/1995
credible evidence supports compensable injury by accident (SA)
0005952 Ruth Ann Jones, et al v Louise Obici Memorial Hosp 05/16/1995
evidence did not prove death arose from employment (SA)
0282942 Sa'ad El-Amin v Carolyn Adams 05/16/1995
spousal and child support
0433943 Jeffrey Kent Barrett v City of Lynchburg 05/16/1995
evidence sufficient to prove appellant was driver of car
0619943 Peter Moore v Commonwealth 05/16/1995
tc did not err in denying motion suppress drugs, firearm, statmnt
0832944 Jonathan Kevin Wright v Commonwealth 05/16/1995
evidence sufficient to support voluntary manslaughter conviction
1324933 Charles E. Wilson v Commonwealth 05/16/1995
evidence insufficient, as matter of law, to prove sexual abuse
1761944 Brian Scott Timmons v Airborne Freight, etc, et al 05/16/1995
claimant failed to prove injury arose out of employment
1780921 Stacy Myers v Commonwealth 05/16/1995
upon rehearing en banc, tc judgment affirmed/murder-2nd degree
2194934 Michael David Hillman, etc v Commonwealth 05/16/1995
evidence sufficient to support conviction/distrib & felony murder
2303931 Joel Dean Gilliland v Commonwealth 05/16/1995
Conviction did not violate double jeopardy clause
2333941 Paradox Corp., etc. v Virginia ABC Board 05/16/1995
tc did not err in granting motion to strike
2378932 David B. Moore v Commonwealth 05/16/1995
evidence sufficient to support conviction/threat phone calls
2489941 Panagiotis G. Haramis v G.T. Painting, etc, et al 05/16/1995
employer not responsible for medical expenses (SA)
0209943 Robert Paul Hopson v Commonwealth 05/09/1995
Commonwealth complied with the requirement of Code 18.2-268.2
0263943 Sandy Leon Brown v City of Danville 05/09/1995
defendant was seized in violation of the Fourth Amendment
0382943 Dickie Darnell Dickens v City of Danville 05/09/1995
city ordinance was not void at time of arrest
0396944 Curtis Harris v Commonwealth 05/09/1995
sufficiency of evidence to support conviction/poss w/ intent
0565942 Charles Edward Andrews, etc v Commonwealth 05/09/1995
appellant failed to make a timely objection, Rule 5A:18
1078944 Peter J. Zdanis v Susan (Zdanis) Deely 05/09/1995
tc erred in sustaining demurrer to amended bill of complaint
1649933 Banney Eugene Moore v Commonwealth 05/09/1995
tc erred in admitting political advertisement
1689944 Peter J. Zdanis v Susan (Zdanis) Deely 05/09/1995
tc erred in sustaining demurrer to amended bill of complaint
1940943 Danville School Board v George Brumfield 05/09/1995
evidence credible to support findings (SA)
1971943 Russell County Med Center, et al v Curtis E Chaney 05/09/1995
evidence supports injury by accident
2003933 Jimmy Eldridge Doss v Commonwealth 05/09/1995
defendant was not subjected to double jeopardy/invol. manslaughtr
2021944 Giant Food, Inc, et al v William Robbins 05/09/1995
credible evidence supports WCC's finding/perm. disability (SA)
2068944 Virginia Ann Reed v Columbia Cable, et al 05/09/1995
claimant failed to prove injury by accident (SA)
2073932 Thomas Lewis Harlow, Jr. v City of Richmond 05/09/1995
insufficiency of evidence to prove ownership and invalid permit
2142931 Grady L. Lewter, etc v Commonwealth 05/09/1995
sufficiency of evidence to prove intent to distribute
2149942 George Andrew Moore v George Moore Drywall Co etal 05/09/1995
medical evidence failed to prove incapacitation (SA)
2177932 Daniel Thomas Cox v Commonwealth 05/09/1995
evidence of prior act was properly admitted
2189944 Giant Food, Inc., et al. v Martin R. Roof 05/09/1995
claim was timely filed (SA)
2202943 Perdue Farms, Inc., v Linda Kay Martin 05/09/1995
credible evidence supports condition compensable/occup dis. (SA)
2271943 Wampler-Longacre etc, et al v Shirley Ann Biller 05/09/1995
credible evidence supports condition compensable/occup dis. (SA)
0035942 Pharondus Molix Clemon v Commonwealth 05/02/1995
TC did not err in denying motion to suppress evidence
0154943 Johnny Wayne Warren v Commonwealth 05/02/1995
seizure of evidence was lawfull and sufficient to support convict
0359944 William J. Marshall v Commonwealth 05/02/1995
evidence supports the adjucation
0432944 Gene Luis Cera v Commonwealth 05/02/1995
sufficient evidence to support conviction/grand larceny
1433922 Charles Ray Allen, etc. v Commonwealth 05/02/1995
order granting Rehearing En Banc
1515944 Thomas Judge v R&T Construction Company, et al 05/02/1995
Comm did not err in denying additional reimbursement
1636942 Richard C. Rudisill v Marie H. Rudisill 05/02/1995
divorce decree/spousal support/equitable distribution
1709941 Frederick A. Haycox, III v Sue Ann Carey Haycox 05/02/1995
spousal support (SA)
1809944 Diane E. Shultz v Becon Services Corp. et al. 05/02/1995
claimant failed to establish entitlement to award
1908941 Douglas E. Davis v Saville Peninsula Produce et al 05/02/1995
medical opinion credible evidence to support WCC findings (SA)
1918943 Thurman Evans v YMCA of Central Virginia et al. 05/02/1995
testimony not credible (SA)
1989941 Kathy A.M. Sexton v Sentara Norfolk Gen. Hosp etal 05/02/1995
evidence supports WCC's ruling (SA)
2131944 Saundra N. Burka v Elliott L. Burka 05/02/1995
equitable distribution
2134944 C.W. Wright etc, et al v William E. McAlister 05/02/1995
evidence sufficient to support claim for occupational disease
2166934 Rafael J. Tal v Commonwealth 05/02/1995
TC did not err in ruling radar device accurate
2173934 Leonard Simms Wooden v Commonwealth 05/02/1995
no error in refusing to allow acquital verdict and defence expens
2175944 Shoppers Food Warehouse et al v Deborah S. Cummins 05/02/1995
evidence does not support finding of disease
2316944 William Franlkin Flanagan v Northwest Airline etal 05/02/1995
no proof injury resulted from an identifiable incident
2604922 Beverly Ann Monroe v Commonwealth 05/02/1995
sufficient evidence to support conviction