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Court of Appeals of Virginia Unpublished Opinions

These opinions are in text format and do not contain footnotes. To see the version of the opinions that include footnotes, go to the PDF version of the unpublished opinions.

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