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Court of Appeals of Virginia Unpublished Opinions
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1567113 Amanda M. Sutton v. Shenandoah Valley Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence proved termination was in child’s best interest
1609112 David’s Towing & Recovery, Inc. et al. v. Larry Newcomb 02/07/2012
No error in commission’s entry of a supplemental award in favor of appellee for permanent partial disability benefits on account of an additional loss of use of appellee’s right hand
1623112 Alexi Saunders v. Richmond Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(1) and (C)(2) and appellee investigated possible relative placements
1647112 County of Henrico v. John O. Henry 02/07/2012
No error in commission’s findings that appellee’s disc injury was causally related to his work-related accident and that medical treatment rendered by doctor to whom he was referred was authorized
1661112 John O. Henry v. County of Henrico 02/07/2012
Commission did not err in finding a lack of a causal connection between appellant’s depression and his work-related accident
1671112 Zachariah Harden, Sr. v. Richmond Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(1) and (C)(2) and appellee investigated possible relative placements
1742113 Commonwealth of Virginia v. Robert Allen Hicks 02/07/2012
Trial court erred in granting appellee’s motion to suppress where there was probable cause to arrest appellee
2073112 VCU Health System Authority v. Sherry Brown 02/07/2012
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury by accident
0532112 Harold Turnbull, s/k/a Harold C. Turnbull v. County of Spotsylvania 01/31/2012
Judgment of trial court affirmed where appellant’s argument that trial court erred in using Code § 19.2-358 to impose a punishment upon him for failure to pay fines when he was convicted of infractions, not criminal offenses, waived under Rule 5A:8(b)(4)(ii)
1686111 Dorothy Maria Stilley v. Newport News Department of Human Services 01/31/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where clear and convincing evidence proved termination was in child’s best interest
2632102 Xavier Jamal Hargrove v. Commonwealth of Virginia 01/31/2012
Trial court did not err in denying motion to suppress where it found officer had reasonable, articulable suspicion that appellant was engaged in criminal activity
0106114 Kevin D. Jones v. Brenda F. Moody-Jones 01/24/2012
Trial court did not err in denying appellant’s motion to modify spousal support and custody/visitation where appellant failed to demonstrate a material change in circumstances or that modifying custody and visitation was in child’s best interest
0168114 Shereen Jaouni v. Said Samir Ibrahim Salah 01/24/2012
Judgment of trial court refusing to award a protective award for appellant’s daughter and awarding appellee attorney’s fees affirmed in part, reversed in part, and remanded to trial court
0378114 Shereen Jaouni v. Said Samir Ibrahim Salah 01/24/2012
Judgment of trial court refusing to award a protective award for appellant’s daughter and awarding appellee attorney’s fees affirmed in part, reversed in part, and remanded to trial court
0744114 Jamie Lee Dovell v. Coffeewood Correctional Center/Commonwealth of Virginia 01/24/2012
Commission erred in using a “stairs” analysis to find that appellant’s injury did not arise out of his employment
0932114 Brent C. Bousman v. Caitlin K. Lhommedieu 01/24/2012
No error in trial court’s order requiring appellant, pursuant to the parties’ “Stipulation of Agreement” to pay one-half of the cost of parties’ son’s college expenses
1369113 Raymond Edward Sheffield v. Karen Kime Sheffield 01/24/2012
Summary affirmance – no error in divorce decree awarding spousal support to appellee for an undefined duration or in equitable distribution of parties’ assets
1851112 American Hospice Management Holdings, L.L.C. et al. v. Julia Ann Piggott 01/24/2012
Summary affirmance – commission did not err in ordering appellants to authorize surgery requested by appellee
0079112 Kevin A. Cunningham, s/k/a Kevin Antonio Cunningham v. Commonwealth of Virginia 01/17/2012
Trial court erred in admitting improper impeachment evidence and error was not harmless because the jury’s assessment of appellant’s credibility was critical to his defense; convictions reversed and remanded to trial court for new trial
0244112 Nasir Goode v. Commonwealth of Virginia 01/17/2012
Trial court did not err in denying appellant’s motion for a mistrial and for recusal based on his claim of an improper remark made by the prosecutor during appellant’s revocation hearing where trial judge said he did not consider the remark in making his decision
1104111 Janice Kent v. Virginia Beach Department of Human Services 01/17/2012
Summary affirmance – trial court did not err in finding clear and convincing evidence supported termination of appellant’s parental rights to her children
1690112 Robert A. Blackwell v. Commonwealth of Virginia 01/17/2012
Appellant’s argument regarding sufficiency of evidence to support burglary while armed and use of a firearm in commission of breaking and entering convictions barred by Rule 5A:18 and the ends of justice exception does not apply
1752114 Rugo Stone, LLC and Insurance Company of the State of PA v. Andres A. Diaz 01/17/2012
Summary affirmance – no error in commission’s finding that appellee sustained a change in condition with respect to his back injury and was disabled and that he adequately marketed his residual earning capacity
2422104 Gerald Jermaine Pearson v. Commonwealth of Virginia 01/17/2012
Appellant’s conviction of trespassing under city code section affirmed where appellant lacks standing for a facial challenge to constitutionality of statute, the as-applied constitutional challenge is barred by Rule 5A:12, city code section is not invalid under Dillon Rule, and evidence supported conviction
1023114 Joseph P. Craven v. Deena S. Williamson 01/10/2012
No error in trial court’s order denying appellant visitation with his children for month of August
1053114 Michael Starr Hopkins, Sr. v. RDA, Inc., et al. 01/10/2012
No error in commission’s finding that appellant was not entitled to permanent and total disability benefits where appellant’s evidence failed to prove appellant was totally and permanently disabled
0220114 Kyle August Dawson v. Commonwealth of Virginia 12/28/2011
No reversible error in trial court’s refusal to specifically instruct jury on definition of proximate cause where jury had ample evidence to rely upon in determining that Commonwealth met its burden in proving elements of offense of leaving the scene of an accident
1083114 Jose Gregorio Romero v. Alexandria Department of Human Services 12/28/2011
Trial court did not err in terminating appellant’s parental rights to his child after finding that relative placement was not appropriate
1444111 Juliet Wright v. James City County 12/28/2011
Summary affirmance – no error in commission’s findings that appellant’s claims for an injury by accident and for an occupational disease are barred by statute of limitations and that appellant failed to prove a compensable injury by accident or that she was suffering from an occupational disease
0042111 David Lorenzo Nicholson v. Commonwealth of Virginia 12/20/2011
Trial court did not err in finding that evidence was sufficient to support conviction of taking indecent liberties with a child while in a custodial relationship or in revoking appellant’s prior suspended sentence and running sentences consecutively
0790114 Mark A. Windsor v. Loomis Fargo & Company, et al. 12/20/2011
No error in commission’s finding that it was appellant’s burden to establish a new period of temporary total disability after appellant’s temporary total disability award had been previously terminated after appellant returned to light-duty work and appellant did not seek review of that decision before full commission
1012111 Thomas Copeland v. Newport News Department of Social Services 12/20/2011
No error in trial court’s finding that sufficient supported termination of appellant’s parental rights to his child under Code § 16.1-283(C)
1038111 Riverside Regional Medical Center, et al. v. Linda Callison-Haas 12/20/2011
Commission erred in relying on a tentatively stated medical opinion, based on an inconsistent history, that appellee’s right knee medial meniscus tear was incurred when she suffered her work-related injury
1658102 Sean Cook v. Commonwealth of Virginia 12/20/2011
Trial court did not err in finding evidence was sufficient to prove appellant acted with malice when he assaulted victim and beat him repeatedly with butt end of a pistol; convictions of malicious wounding and use of a firearm in commission of felony affirmed
1944104 Bryan B. Brittain v. April J. Brittain 12/20/2011
Summary affirmance – trial court did not err in granting appellee’s motion to strike appellant’s petition to modify custody where appellant did not prove a material change in circumstances
2394104 J. David Pratt v. Morgan Patricia Pratt 12/20/2011
Trial court erred in classifying parties’ residence, a vehicle, and Oppenheimer Value Fund as marital property
0828114 Christian Urias v. Winkler’s, Inc., et al. 12/13/2011
No error in commission’s decision to terminate appellant’s benefits based on a release to pre injury work or in its decision denying benefits from a change in condition on the ground that he failed to prove adequate marketing of his residual capacity
0919102 William Edward Tuma v. Commonwealth of Virginia 12/13/2011
Petition for rehearing en banc granted
1060113 Karen A. Breeden v. Preston L. Breeden 12/13/2011
Judgment of trial court divorcing parties and incorporating a property settlement agreement into order affirmed where appellant failed to provide a transcript or written statement of facts and transcript or written statement of facts is necessary for determination of issues raised
1404113 Lawrence P. Flaig v. Virginia Employment Commission, et al. 12/13/2011
Summary affirmance – no error in finding that appellant’s misconduct disqualified him from receiving unemployment benefits
1494111 Terra Firma, LLC v. Robert T. Sexton 12/13/2011
Summary affirmance – No error in commission’s finding that appellee suffered a compensable work injury
1500111 Uninsured Employer’s Fund v. Robert T. Sexton 12/13/2011
Summary affirmance – No error in commission’s finding that appellee suffered a compensable work injury
1893103 Jason Troy Pritchard v. Commonwealth of Virginia 12/13/2011
Appellant’s convictions of assault and battery of a law enforcement officer and resisting arrest affirmed where violent nature of appellant’s conduct and continued determination to defy officers provided exigent circumstances justifying officers’ warrantless entry into his home and he was not entitled to resist a lawful arrest
2400103 Robert Bill Krebs, Jr. v. Commonwealth of Virginia 12/13/2011
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause based on his detection of the odor of marijuana and an independent source existed for the search of appellant’s residence and evidence seized would have been inevitably found during a search incident to arrest
0886114 Harriet Puller, Widow, on Behalf of the Estate of John A. Puller v. Fairfax (County of) School Board 12/06/2011
No error in commission’s finding that the presumption that decedent died of work-related causes did not apply or in its finding that the decedent’s death did not arise out of his employment
0905112 Hosam Ibrahim Dajani v. Dawn Lynell Dajani 12/06/2011
Summary affirmance – no error in trial court’s order awarding sole legal and physical custody of parties’ child to appellee or in its award of attorney’s fees to appellee
1132112 Miller & Long, Inc., et al. v. Lamont James Knight 12/06/2011
No error in commission’s finding that the left fibular fracture suffered by appellee was a compensable consequence of his work-related injury
1195101 Leslie Neal Saunders v. Commonwealth of Virginia 12/06/2011
Trial court did not err in finding evidence was sufficient to establish beyond reasonable doubt that appellant clearly possessed explosive materials; trial court did not err in denying appellant’s motion to dismiss felony offenses on double jeopardy grounds
1537102 Jamar D. Street v. Commonwealth of Virginia 12/06/2011
Trial court erred in convicting appellant of possession of a firearm by a convicted felon where the evidence failed to show object he possessed was designed, made, and intended to expel a projectile by means of an explosion within meaning of Code § 18.2-308.2
1548103 Allen Edward Wood v. Commonwealth of Virginia 12/06/2011
Trial court did not err in finding evidence was sufficient to convict appellant of driving after having been declared an habitual offender where it could conclude appellant’s status as an habitual offender remained in effect at the time of appellant’s arrest
0044111 Maria C. McKinnon v. Commonwealth of Virginia 11/29/2011
Appellant’s issue of whether evidence was sufficient to support her conviction of misdemeanor child neglect and her contention that misdemeanor child neglect is not a lesser-included offense of felony child neglect, with which she was charged, are barred by Rule 5A:18
0108111 Henry Clay Tiggs v. Commonwealth of Virginia 11/29/2011
No error in trial court’s finding that evidence was sufficient to prove appellant attempted to commit prescription fraud
0155111 Samuel Thomas Pettit, Jr. v. Commonwealth of Virginia 11/29/2011
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of obtaining money by false pretenses where it proved appellant’s intent to defraud and his use of false pretenses to obtain money from victim
0344114 Heather Brooke Garner, f/k/a Heather Brooke Ruckman v. Mitchell Scott Ruckman 11/29/2011
Trial court erred in granting appellee’s motion to strike where appellant presented sufficient evidence to prove a prima facie case that relocation was in child’s best interests; matter remanded to trial court
0350112 Carldine Preston Cheatham v. Commonwealth of Virginia 11/29/2011
Trial court erred in finding evidence was sufficient to support appellant’s conviction of robbery where nothing proved appellant took the property of another; conviction reversed and dismissed
0605101 Kegan Michael Bilger v. Commonwealth of Virginia 11/29/2011
No error in trial court’s finding that totality of evidence supported beyond a reasonable doubt that appellant was driving under the influence of alcohol when he overturned his vehicle
0715113 John Raymond Williams v. Commonwealth of Virginia 11/29/2011
Trial court erred in refusing to grant appellant’s request for a jury trial made on the day of trial where appellant never waived his right to a jury trial; matter remanded to trial court for a new trial
0823101 Dirk Williams v. Commonwealth of Virginia 11/29/2011
Judgment of trial court affirmed where trial court lost jurisdiction to consider motion to vacate as no order suspending or vacating final convictions was entered within 21 days pursuant to Rule 1:1 and where no notice of appeal was filed to August 13, 2010 order which constituted an independent action
0938113 Crystal D. Birchfield v. Scott County Department of Social Services 11/29/2011
Trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1 283(C)(2)
0940113 Robert Kenneth Birchfield v. Scott County Department of Social Services 11/29/2011
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1 283(C)(2)
1416113 Derril Wayne Watkins v. J. B. Hunt Transport, Inc. et al. 11/29/2011
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by statute of limitations
2479102 William Crisson Thornton v. Commonwealth of Virginia 11/29/2011
Trial court did not err in finding evidence was sufficient to prove appellant constructively possessed the methadone found in his vehicle
0324112 Cornelius Leon Baker v. Commonwealth of Virginia 11/22/2011
Trial court did not err in denying appellant’s motion to suppress where facts known to officers at time of the traffic stop were sufficient to justify the stop and constituted reasonable articulable facts of criminal activity; evidence was sufficient to support convictions of breaking and entering, vandalism, and possession of burglary tools
0633112 Christine Coleman v. Peter Richard Coleman 11/22/2011
Trial court did not err in imputing income to appellant; trial court erred in its application of Code § 20-107.1(F), spousal support award reversed and matter remanded to trial court for reconsideration
0648112 Philip Morris USA, Inc. v. James E. Blankenship 11/22/2011
No error in commission’s award of benefits to appellee where it found appellee’s ongoing back injury remained causally related to his work injury
0667112 James E. Blankenship v. Philip Morris USA, Inc. 11/22/2011
Appeal dismissed as moot
0672113 Razieh Makoui v. Cyrus Makoui 11/22/2011
Trial court’s property distribution and spousal support awards affirmed where it found the parties’ premarital agreement was enforceable under Code § 20-151
2478102 Julian Earl Cosely v. Commonwealth of Virginia 11/22/2011
Appellant’s conviction of forcible sodomy affirmed where we conclude the ends of justice exception to Rule 5A:18 is inapplicable
2570102 David Hinote, s/k/a David Troy Hinote v. Commonwealth of Virginia 11/22/2011
Appellant’s convictions of obtaining goods by false pretenses and conspiracy to commit a felony reversed and final judgment entered dismissing indictments where evidence was insufficient to prove the intent to defraud
0180114 Teresa Gibson v. Eleanor Kappel and Eugene Kappel 11/15/2011
Trial court did not err in granting sole legal and physical custody of appellant’s daughter to appellees where it found best interests of child would be served by awarding custody to appellees
0642113 George Nicholas Pacot, III v. Vickie Yeatts Pacot 11/15/2011
Trial court erred in finding appellee proved appellant’s company was transmuted to hybrid property; equitable distribution and spousal support awards reversed and remanded to trial court for reconsideration and refashioning
1543102 Gregory Lamont Lewis v. Commonwealth of Virginia 11/15/2011
Trial court did not err in denying appellant’s motion to suppress where appellant was not seized before the police had probable cause to arrest appellant
1765102 Darian G. Pleasant, s/k/a Darian Glendon Pleasant v. Commonwealth of Virginia 11/15/2011
Trial court did not err in admitting statement made by appellant or in finding appellant was aware of nature and character of drugs located in vehicle, that they were subject to his dominion and control, and that he intended to distribute the drugs
1942101 Jason Ryan King v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that evidence was sufficient to prove appellant acted with malice when he beat the victim
1970104 Antonio Bueno Rodriguez, s/k/a Antonio Bueno-Rodriguez v. Commonwealth of Virginia 11/15/2011
Appellant’s arguments regarding trial court’s decision to overrule his hearsay objection during officer’s testimony and the trial court’s denial of his motions to strike waived for appellant’s failure to adhere to Rule 5A:20(e)
2036102 Bryan Antoine Green v. Commonwealth of Virginia 11/15/2011
Appellant’s argument regarding trial court’s refusal to allow him to cross-examine an officer about the criminal record for firearm possession by a possible suspect barred by Rule 5A:18; trial court did not err in finding evidence was sufficient to prove killing was willful, deliberate and premeditated
2223101 Frederick Edward Mitchell v. Commonwealth of Virginia 11/15/2011
Trial court did not err in admitting bank supervisor’s testimony about the credit union’s computer records pursuant to the business records exception to the hearsay rule
2262104 Mildred Baldwin v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that venue was proper in Alexandria for charges of credit card theft and credit card fraud where appellant took the credit card with the intent to use it for personal purposes from her employer in Alexandria
0028111 Darius Keith Chittum v. Deana Marie Hippenstiel and Mark John Hippenstiel 11/08/2011
Summary affirmance – trial court did not err in granting adoption petition
0184111 Steven Paul Carlstrom v. Commonwealth of Virginia 11/08/2011
No error in appellant’s conviction or robbery where evidence was sufficient to prove appellant had intent to steal at the time the violence occurred
0264114 Vinod Vijay Jonathan v. Shireen Joanna Jonathan 11/08/2011
Summary affirmance – trial court’s order regarding child support affirmed
0693114 Vinod Vijay Jonathan v. Shireen Joanna Jonathan 11/08/2011
Summary affirmance – trial court’s order regarding child support affirmed
0919102 William Edward Tuma v. Commonwealth of Virginia 11/08/2011
Trial court erred in denying appellant’s motion for a new trial where Commonwealth failed to provide to appellant actual tape of victim’s statement; appellant’s convictions of taking indecent liberties with a child, aggravated sexual battery, and animate objection penetration reversed and remanded
1034113 Javier Avila-Rivera v. Excel Masonry, Inc. and State Farm Fire and Casualty Company 11/08/2011
No error in commission’s denial of benefits after finding that appellant unjustifiably refused selective employment
1424102 David James Proffitt v. Commonwealth of Virginia 11/08/2011
No error in appellant’s conviction of driving under the influence where trial court applied the appropriate probable cause standard and found officer had probable cause to arrest appellant
1877102 Christopher Morris Gates v. Commonwealth of Virginia 11/08/2011
Trial court did not err in denying appellant’s motion to suppress where detention and pat down of appellant were supported by reasonable, articulable suspicion that criminal activity was afoot and appellant was armed and dangerous and officer had probable cause to search appellant for contraband
1903104 Pastor Armando Guerrero-Giron v. Commonwealth of Virginia 11/08/2011
Appellant’s conviction of malicious wounding affirmed where trial court did not err in refusing to allow appellant to question a witness as to the exact penalty he was facing for his crimes, in admitting a BB gun and two baseball bats, in admitting appellant’s statements regarding his gang activity, or in refusing to suppress his statement
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality, et al. 11/08/2011
Upon a Rehearing – stay of Court’s August 2, 2011 mandate lifted and panel opinion affirming judgment of trial court in part and reversing and remanding in part reinstated
2116103 James Paul Desper v. Commonwealth of Virginia 11/08/2011
No error in appellant’s convictions of rape where evidence was sufficient to prove penetration and complaining witness’ mental incapacity and appellant’s knowledge thereof; conviction of forcible sodomy reversed and dismissed where evidence was insufficient to prove penetration
2355101 Calvin Terrell Cooper v. Commonwealth of Virginia 11/08/2011
No error in trial court’s finding that officer did not exceed scope of a limited detention by placing handcuffs on appellant, precluding appellant from using force to resist the officer’s limited detention
0068112 Selena Gudino v. Dennis Gudino 11/01/2011
Trial court did not err in awarding primary physical custody of parties’ children to appellee, in reappointing the custody evaluator and the guardian ad litem for the children, or in ordering appellant to pay one-half of the guardian ad litem fee, the entire cost of an independent evaluator, and the costs associated with her visitation with the children
0297113 Timothy Shawn Daugherty v. Commonwealth of Virginia 11/01/2011
Appellant’s sentence on the fail to appear conviction reversed where it exceeded the statutory ten-day maximum; remanded to trial court for a new sentence not to exceed a term of ten days
1244114 Anthony Lawrence Falcone v. The Washington Post 11/01/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to any award of permanent partial disability due to a 2008 injury to his right shoulder
1473101 Michael Robert Eiseman v. Sarah Cunningham Beaudoin and Thomas David Beaudoin, Jr. 11/01/2011
Summary affirmance – trial court did not err in granting appellees’ petition for adoption where it found adoption was in best interests of child
2007104 Mark Henry Craig v. Commonwealth of Virginia 11/01/2011
Appellant validly waived his right to appeal order of restitution and expressly agreed to pay any amount ordered by the court within cap set by plea agreement
2584103 Destiny Grace Gordon v. Commonwealth of Virginia 11/01/2011
Appellant’s conviction of petit larceny affirmed where appellant made the tactical decision to withdraw her appeal and as she voluntarily withdrew her appeal, she cannot now claim the trial court forced her to take any action
0117111 Christopher John Duva v. Karen Denise Duva 10/25/2011
No error in trial court’s equitable distribution and spousal support award to appellee
0889114 Clever Risco v. Virginia Employment Commission and Environamics 10/25/2011
Summary affirmance – trial court did not err in affirming commission’s decision that appellant was disqualified from unemployment compensation due to misconduct associated with work and that appellant received a fair and impartial hearing
0081111 Cheryl Y. Parris v. Natasha Doctor and Harrivon S. Carpenter 10/18/2011
Trial court did not err in finding Virginia did not have exclusive, continuing jurisdiction or in finding Virginia was an inconvenient forum under the UCCJEA
1430102 Bernard Lamont Ruth v. Commonwealth of Virginia 10/18/2011
Trial court erred in finding evidence was sufficient to prove appellant concealed the weapon about his person when he hid it under a rain catch and walked away and weapon was no longer accessible to him; conviction of carrying a concealed weapon, second offense, reversed and dismissed
1499101 Tinesha L. Bert v. Commonwealth of Virginia 10/18/2011
Conviction of fraudulent conversion or removal of leased personal property reversed and dismissed where evidence proved appellant breached her lease agreement but failed to prove beyond a reasonable doubt the requisite fraudulent intent to defraud
1999101 Tiffany Anne Huber v. Commonwealth of Virginia 10/18/2011
No error in trial court’s finding that evidence was sufficient to prove appellant intended to inflict physical harm on officer; conviction of attempted assault and battery of a law enforcement officer affirmed
0088114 Particia (Tricia) Kelly Tharp v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying request to provide victim with a translator during his testimony where trial court reasonably concluded there was no indication that victim did not speak or understand English
0558102 Judy Denise Wright v. Commonwealth of Virginia 10/11/2011
No error in appellant’s conviction of felony child neglect under Code § 18.2-371.1(A) where jury could conclude appellant committed a “willful act or omission” and could conclude that her conduct was knowing, voluntary, and without justifiable excuse
0948101 Anthony Joseph Crosen v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying appellant’s motion to suppress evidence of marijuana found during a search of appellant’s residence and his subsequent statements where evidence proved appellant gave valid consent for the officers to search his residence
1571101 John L. Harnois, Sr. v. Sara F. Riley-Harnois 10/11/2011
Summary affirmance – no error in trial court’s rulings regarding parties’ divorce and equitable distribution
1822102 Ardie Corneilus Flowers, Jr. v. Commonwealth of Virginia 10/11/2011
Trial court did not err in rejecting appellant’s plea of self-defense where appellant used excessive force to defend himself and evidence supported convictions of voluntary manslaughter and unlawful wounding
2008104 Michael Angelo Lamberti v. Commonwealth of Virginia 10/11/2011
No reversible error in trial court’s ruling that refused to allow results from victim’s blood alcohol test into evidence or allowing expert to testify about those results where admission of those results would not have caused jury to reach a different result
2465101 Victor Campos v. Charles Hinsch 10/11/2011
Appellant’s issue regarding whether trial court erred in denying his request for a continuance of the adoption proceeding to permit him to be present at a later date not addressed where appellant failed to file a transcript or statement of facts and a transcript or statement of facts is indispensable to issue raised
0208113 Wythe County Community Hospital and Travelers Indemnity Company of America v. Donna Turpin 10/04/2011
No error in commission’s finding that appellee was entitled to medical benefits where her injuries arose out of her employment
1066112 Fredericksburg Auto Auction and Broadspire Services, Inc. v. Diana Grogan 10/04/2011
Summary affirmance – no error in commission’s finding that appellee’s left shoulder surgery was causally related to the compensable accident and that appellants were responsible for the cost of this medical treatment
1659101 Brian Paul Engel v. Commonwealth of Virginia 10/04/2011
Trial court did not err in finding evidence was sufficient to prove appellant intended to assault the officer when appellant threw a liquid mixture at an inmate when the victim stood only three feet away and a natural and probable consequence of the act was to also spray the officer
1815101 Lawrence Wesley Roberts v. Commonwealth of Virginia 10/04/2011
Trial court did not err in denying appellant’s motion to suppress where officers had probable cause to believe appellant was operating a vehicle with an altered or fraudulent license plate or decal which justified his arrest and subsequent search; evidence was insufficient to prove appellant was guilty of obstruction of justice
2215102 Horace Vernon Henderson, Sr. v. Commonwealth of Virginia 10/04/2011
No error in appellant’s conviction of possession of a firearm after having been convicted of a felony where the circumstantial evidence was sufficient to support jury’s finding that appellant possessed the firearm on the date in question
2627102 Tyrone Jhurilal, s/k/a Tyrone Thane Jhurilal v. Commonwealth of Virginia 10/04/2011
No error in trial court’s finding that evidence was sufficient to determine appellant possessed marijuana when he entered Virginia and all reasonable hypotheses of innocence were excluded; conviction of transporting five or more pounds of marijuana into the Commonwealth affirmed
2675102 Mohammed Hossein Ranjbar v. Maria Zegarra Ranjbar 10/04/2011
Trial court’s order regarding equitable distribution and spousal support affirmed in part, reversed in part, and remanded to trial court for further proceedings
0617103 Thomas William Stone, Sr. v. Commonwealth of Virginia 09/27/2011
Appellant’s arguments regarding the trial court’s denial of his motion to withdraw his nolo contendere plea barred by Rule 5A:18
0772111 Lance Spurrier v. Anthony Conyers, Commissioner Virginia Department of Social Services 09/27/2011
Summary affirmance – no error in trial court’s order finding there was substantial evidence in agency record to uphold a founded disposition of sexual abuse
0981114 D & C Metal, Inc. and FirstComp Insurance Company v. Elvin Steven Betanco 09/27/2011
Summary affirmance – no error in commission’s decision that appellee was totally disabled beginning September 16, 2009 and had not suffered an intervening accident in March 2009
1039111 Centurum, Inc. and Federal Insurance Company v. George W. Towe 09/27/2011
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee
1057112 Charles L. Brown v. VSE Corporation and Traveler’s Property & Casualty Company of America 09/27/2011
Summary affirmance – no error in commission’s finding that appellant’s reflex sympathetic dystrophy was not a compensable consequence of his work accident
1059113 Lantz Construction Company and Cincinnati Insurance Company v. Michael Adams 09/27/2011
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee
1076111 U R S Corporation and Insurance Company of the State of Pennsylvania v. Jeffrey Wayne Hailey 09/27/2011
Summary affirmance – no error in commission’s finding that after a work-related injury by accident in 2008, appellee adequately marketed his residual work capacity from May 3, 2010 forward
1727103 Antonio Eugene Palmer v. Commonwealth of Virginia 09/27/2011
As a trial transcript or statement of facts is indispensable to appellant’s issue regarding sufficiency of evidence to support convictions of eluding a law enforcement officer and driving on a revoked license and neither was provided on appeal, appellant’s convictions affirmed
1852101 John L. Harnois, Sr. v. Commonwealth of Virginia 09/27/2011
Summary affirmance – no error in trial court’s order denying appellant’s “Petition to Void Orders and Convictions Therefrom”
1986103 Thomas L. Switzer v. Paula Fridley, Samuel Smith, Jodi Smith, William Switzer and Carleen Switzer 09/27/2011
Summary affirmance – no error in trial court’s rulings addressing appellant’s numerous motions, pleadings, petitions, and other documents filed by appellant from October 2009 until August 2010
2657101 Nathaniel Mitchell, Jr. v. Commonwealth of Virginia 09/27/2011
Trial court did not err in denying motion to suppress where fifteen-minute detention for arrival of drug dog did not violate Fourth Amendment and stop was based on suspicion that appellant possessed drugs
0946101 William Bill Clark v. Commonwealth of Virginia 09/20/2011
Trial court did not err in denying appellant’s motion to suppress where evidence was sufficient to support finding that police developed reasonable suspicion for the detention and then probable cause for appellant’s arrest
1771101 Tigee Eugene Miles v. Commonwealth of Virginia 09/20/2011
Trial court did not err in finding evidence was sufficient to prove appellant conspired with a third party to distribute cocaine to the buyer and in resolving inconsistencies in the witnesses’ testimony in favor of the Commonwealth
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality, et al. 09/20/2011
Petition for rehearing granted
2376091 Edwin Miller v. Commonwealth of Virginia 09/20/2011
Appellant’s issues regarding whether trial court erred in admitting into evidence a summary of information from the victims’ medical records and in informing the jury that the summary was an agreed stipulation despite appellant’s objection to the admission of the stipulation barred by Rule 5A:18
0783113 Commonwealth of Virginia v. Aaron Matthew Floyd 09/13/2011
Trial court erred in granting appellee’s motion to suppress certain statements he made where appellee was not in custody when officer questioned him and officer was not required to provide Miranda warnings before questioning him
0820113 Wiseman Enterprises, Inc. and Sedgwick Claims Management Services, Inc. v. Martin Baez-Flores 09/13/2011
Summary affirmance - commission did not err in finding that appellee’s injury was causally related to the industrial accident and in awarding temporary total disability benefits
0472113 Neketia Jackson v. Lynchburg Department of Social Services 09/06/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where clear and convincing evidence proved termination was in best interests of children and appellant had been unable within a reasonable period of time to remedy conditions that led to foster care placement of children
0473113 Rodney Spradley v. Lynchburg Department of Social Services 09/06/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved termination was in best interests of children and appellant had been unable within a reasonable period of time to remedy conditions that led to foster care placement of children
0559113 Frank James Moorefield, Jr. v. Boxco, Inc. and Erie Insurance Exchange 08/30/2011
Summary affirmance – commission did not err in finding appellant’s injuries were not causally related to his employment and the assault was personal in nature
0872114 Allied Waste Industries, Inc. and Zurich American Insurance Company v. James Ashby 08/30/2011
Summary affirmance – no error in commission’s finding that appellee’s claim was not barred by willful misconduct
1052112 Alice M. Deane v. Marshalls, Inc. and American Casualty Company of Reading, Pennsylvania 08/30/2011
Summary affirmance – commission did not err in finding appellant’s claim for benefits for psychological conditions is barred by the doctrine of res judicata
0706112 Commonwealth of Virginia v. David William Bickford 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0707112 Commonwealth of Virginia v. Tracy Ruth Bickford, s/k/a Tracey Bickford 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0708112 Commonwealth of Virginia v. Larry Edward Turner, Jr. 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0671113 Sheetz, Inc. and Fidelity and Guaranty Insurance Company v. Brenda Louise Lloyd Riffey 08/23/2011
Summary affirmance – commission did not err in finding appellee was entitled to temporary total disability benefits and appellants were responsible for treatment by and referrals from appellee’s pain management specialist
0843112 David Anthony Brown v. Charlottesville Department of Social Services 08/23/2011
Trial court did not err in terminating appellant’s parental rights to his child when evidence showed termination was in child’s best interests
1527103 Frank Leo Cox, III v. Commonwealth of Virginia 08/23/2011
Trial court did not err in relying on statutory rebuttable presumption to conclude appellant had the requisite intent to defraud when he presented checks with intent to defraud; evidence was sufficient to support conviction of presenting two or more bad checks for cash
2022101 Ross & Sons Utility Contractor, et al. v. Christopher Samuel Hively 08/23/2011
Upon a Rehearing – commission erred in awarding appellee temporary partial disability benefits where appellee did not prove he adequately marketed his residual work capacity beyond the hours he worked part time; award dismissed
0242111 Commonwealth of Virginia v. William C. Thomas 08/16/2011
Trial court did not err in granting appellee’s motion to suppress cocaine seized during execution of search warrant for appellee’s home where trial court found credibility information of informant was recklessly omitted from affidavit and appellee proved probable cause was lacking
0655114 Christopher Michael Lam v. Town of Lurary Law Enforcement, et al. 08/16/2011
Summary affirmance – commission did not err in denying appellant’s claim for his shoulder injury
0771114 Theresa Anna Nicole Buffington v. Christopher Bates and Audrey Brown 08/16/2011
Summary affirmance – trial court did not err in awarding custody of appellant’s child to appellees
2589104 Marcus Anthony Smalls v. Bell Co. of Rochester and Travelers Indemnity Company of Illinois 08/16/2011
Summary affirmance – commission did not err in denying appellant’s claim for permanent partial disability benefits and payment of medical bills where those claims were barred by res judicata
0357102 Gary Don Castle, Jr. v. Commonwealth of Virginia 08/09/2011
Trial court did not abuse its discretion in revoking appellant’s suspended sentence where it found he violated good behavior condition
0763112 Hilario Hernandez v. Outback Steakhouse and Travelers Indemnity Company of America 08/09/2011
Summary affirmance – commission did not err in finding appellant did not prove his accident arose out of a risk or hazard of his employment, that there was no critical link between a work-related risk and the accident, that appellant was performing a job duty that made his fall more likely, or that there was a slippery substance on floor preceding fall
1481102 Betty J. Campbell v. Harry D. Campbell 08/09/2011
Trial court did not err in refusing to allow appellant to relitigate grounds for divorce, in relying on appellant’s constructive desertion of appellee in dividing marital estate, in finding appellee’s gifts to parties’ children did not constitute marital waste, or in finding appellant was not entitled to any past due support
1629102 Harry D. Campbell v. Betty J. Campbell 08/09/2011
Trial court did not err in classifying business as marital property, in relying on use of marital property as collateral as evidence of transmuting another business to marital property, or in disbelieving appellant’s testimony regarding alleged diminutions in business property
2536102 Homescapes, LTD., et al. v. Stephen Bruce Anderson, Jr. 08/09/2011
No error in commission’s finding that appellants failed to prove appellee unjustifiably refused to cooperate with vocational rehabilitation services
0318102 Todd Keith Wells v. Commonwealth of Virginia 08/02/2011
Trial court did not err in finding that Commonwealth’s Attorney had jurisdiction to prosecute violations of Code § 40.1-29(E) absent involvement of Commissioner, in allowing witness’ testimony or in allowing photocopy of check into evidence; trial court erred in finding “intent to defraud” did not need any further definition
0603112 Steven B. Crouch v. Battlefield Farms, Inc. and Northern Insurance Company of New York 08/02/2011
Summary affirmance – no error in commission’s denial of benefits where it found appellant did not prove an injury by accident resulting from a discernable incident or that appellant proved a distinct onset of symptoms
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality et al. 08/02/2011
Trial court did not err in refusing to conduct an evidentiary hearing on matter of standing; trial court erred in sustaining appellees’ demurrer to appellants’ amended petition for appeal
2174102 Fredericksburg Department of Social Services v. Zaskecha Washington 08/02/2011
Trial court did not err in denying appellant’s petitions to terminate appellee’s parental rights to her children where appellant did not meet its burden under Code § 16.1-283
2217102 Hunter Lee, III v. Fredericksburg Department of Social Services 08/02/2011
Trial court did not err in terminating appellant’s parental rights to his two children where appellee proved by clear and convincing evidence that termination was in best interest of children
2596101 Rebecca Lewis v. Stephen Bailey 08/02/2011
Summary affirmance – no error in trial court’s order regarding child support for parties’ children
1315101 Leonard Bell v. Commonwealth of Virginia 07/26/2011
No error in trial court’s finding that evidence was sufficient to prove the value of the money stolen from the victim’s wallet was $200 or more
1381103 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services, etc. 07/26/2011
Judgment of trial court finding appellant in contempt affirmed on all issues except where the trial court modified the 2007 support order retroactive to May 1, 2008
1382103 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services, etc. 07/26/2011
Judgment of trial court modifying appellant’s child support obligation affirmed in part and reversed and remanded in part
0551102 Cedric Leonard Cosby v. Commonwealth of Virginia 07/19/2011
Issue raised on appeal of whether trial court erred in revoking two years of his suspended sentence where he was not provided prior written notice trial court would be considering a new law violation at the revocation hearing barred by Rule 5A:18
0561111 Pines Residential Treatment Center and Travelers Indemnity Company of America v. Karen J. Frith 07/19/2011
Summary affirmance – no error in commission’s findings regarding appellee’s ongoing medical treatment
0785103 Brian Anthony Dove v. Commonwealth of Virginia 07/19/2011
Trial court did not err in finding evidence was sufficient to prove appellant stole the victims’ ATV; conviction of grand larceny affirmed
0792102 Richard E. Robinson v. Commonwealth of Virginia 07/19/2011
Appellant’s convictions of three felony counts of dog fighting affirmed where nothing suggests trial court abused its discretion in applying Code § 19.2-266.2 and denying as untimely appellant’s motion to dismiss two of the indictments as violative of his double jeopardy rights made on morning of trial
2692092 Elizabeth Morton Barham v. Commonwealth of Virginia 07/19/2011
Issue raised on appeal of whether trial court erred in holding that it did not have the authority to take a matter under advisement while the appellant fulfilled certain conditions with the understanding that the charge would later be dismissed barred by Rule 5A:18 as that was not the same question asked of trial court
0142114 Dale Warren Dover, Guardian Ad Litem for the Minor Child v. Victoria Walker 07/12/2011
Appeal dismissed where appellant failed to provide a necessary party and/or his counsel with a copy of the notice of appeal and that party did not waive the issue
2314104 John A. Ilg v. United Parcel Service, Inc. and Liberty Insurance Corporation 07/12/2011
Commission did not err in finding that as appellant never sought an award for his hand injury, appellees were not required to take that injury into account in establishing an unjustified refusal to participate in vocational rehabilitation
2357102 Alisa M. Costanzo v. Vincent J. Costanzo 07/12/2011
Trial court erred in finding appellant failed to present sufficient evidence to enable it to determine the issue of spousal support; remanded to trial court for determination based upon existing record
2503101 Joel Lannigan v. Virginia Beach Department of Human Resources 07/12/2011
No error in trial court’s decision to terminate appellant’s parental rights to his child where appellee made reasonable and appropriate efforts to assist appellant but he was not cooperative
0368114 Prince William County School Board and VML Insurance Programs v. Roberta Ann Rother 07/05/2011
Summary affirmance – appellant’s arguments on appeal are without merit
0917101 Daniel David Lucas v. Commonwealth of Virginia 07/05/2011
This Court declines to consider argument raised on brief as it was not raised in appellant’s petition for appeal; judgment affirmed
1395101 Quamar De-Wone Gregory v. Commonwealth of Virginia 07/05/2011
Trial court did not err in permitting hearsay evidence under the adoptive admission exception to the hearsay rule; judgment affirmed
1398101 Shavis Shundale Clark v. Commonwealth of Virginia 07/05/2011
Trial court did not err regarding the motion to suppress; as evidence was sufficient to support appellant’s convictions for possession of cocaine with intent to distribute and for transporting cocaine into the Commonwealth, those convictions are affirmed; as evidence was insufficient to support his conviction for conspiracy to distribute cocaine, that conviction is reversed and dismissed
2209104 William R. Brown v. Cowles Nissan Chrysler and VADA Group Self-Insurance Association 07/05/2011
Summary affirmance – no error in commission’s finding that appellant did not sustain a compensable injury by accident
2256103 Teresa Huffman v. Roanoke City Department of Social Services 07/05/2011
No error in trial court’s order terminating appellant’s residual parental rights to her daughter
2317091 Christopher Harris v. Jeanette Harris 07/05/2011
Trial court abused its discretion in excluding the psychological evaluations of the children; judgment reversed and case remanded
2704104 Alexandra A. Carr v. Timothy B. Carr 07/05/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for clarification without conducting a hearing
0721101 William Travis Newton v. Commonwealth of Virginia 06/28/2011
Appellant’s conviction for participating in a criminal street gang affirmed as the trial court did not abuse its discretion in admitting the Commonwealth’s evidence of prior criminal acts of two other individuals
0763101 Richard Michael Anderson v. Commonwealth of Virginia 06/28/2011
Trial court did not err in not excluding the testimony of the social worker on the ground that the recent complaint rule applies only to the “initial complaint” of the victim; all other arguments raised on appeal are procedurally defaulted; conviction affirmed
1346102 Steven Michael Friel v. Commonwealth of Virginia 06/28/2011
Appellant’s conviction affirmed without reaching the merits of his assignment of error as the record on appeal is not sufficiently complete to allow this Court to review the issue raised on appeal
2202104 Amarquaye Armar v. Adena F. Armar 06/28/2011
Trial court did not err by imputing income to husband in the amount that it did, in its spousal support award, and in ordering appellant to pay for appellee’s expert witness
2361101 Linda McIntyre v. DMHMRSAS Eastern State Hospital/Commonwealth of Virginia 06/28/2011
Commission’s decision reversed and case remanded as employer’s denial of benefits constituted a failure to provide medical care as a matter of law
2721101 Virginia International Terminals and United States Fidelity & Guaranty Company v. John McCarthy 06/28/2011
Commission did not err when it accepted as credible claimant’s testimony regarding how the accident occurred, when it found claimant’s excuse for providing untimely notice to employer reasonable, and when it found that employer had failed to overcome that excuse by showing employer was prejudiced by the delay
0143114 Commonwealth of Virginia v. Charles Matthew Sanford 06/21/2011
Trial court erred in finding officer lacked probable cause to arrest appellant and in suppressing appellant’s statements following his receipt of Miranda warnings; matter remanded to trial court
0476113 Maria R. Ortiz De Cardoso v. Virginia Employment Commission and George's Chicken, LLC 06/21/2011
Summary affirmance – no error in denial of unemployment benefits on ground that appellant left employment voluntarily without good cause
1989104 Shruti Parikh v. Jayesh Parikh 06/21/2011
Trial court's rulings regarding final divorce decree affirmed
2419104 Tamorah Chapman v. Virginia Employment Commission and Department of Treasury 06/21/2011
Summary affirmance – no error in denial of unemployment benefits due to misconduct connected with work
0146111 Cindy Gaines-Kyttle v. Virginia Tech University (VPI & SU)/Commonwealth of Virginia 06/14/2011
Summary affirmance – no error in commission's finding that appellant failed to prove what injury she suffered in an April 3, 2007 accident and that her ongoing symptoms, disability, and medical treatment were causally related to the accident
0338112 Max E. Monroe v. Richmond (City of) Public Works, et al. 06/14/2011
Summary affirmance – no error in commission's denial of certain medical benefits appellant alleged were related to his compensable workplace injury
1739104 Samina S. Paracha v. Shahid Paracha 06/14/2011
Summary affirmance – trial court did not err in holding appellant in contempt and in declining to hold appellee in contempt
2531104 Dale Warren Dover, Guardian ad litem for the minor children v. Victoria Walker 06/14/2011
Trial court did not abuse its discretion in its credibility and weight determinations and its finding that the required burden of proof to terminate appellee's parental rights to her two oldest children had not been met; argument regarding termination because appellee had committed a barrier crime barred by Rule 5A:18
0003112 Tyhan Tillman v. Halifax County Department of Social Services 06/07/2011
Trial court did not err in terminating appellant’s parental rights to his three children where evidence proved termination was in their best interest
0054113 Brittany N. Haskins v. Lynchburg Department of Social Services 06/07/2011
Summary affirmance – no error in termination of appellant’s parental rights to her children where termination was in their best interest
0102113 Roxanne Potter v. ITT Night Vision and Indemnity Insurance Company of North America 06/07/2011
Summary affirmance – no error in commission’s decision denying benefits
0637101 Kip Antonio Majette v. Commonwealth of Virginia 06/07/2011
Trial court did not err in denying appellant’s motion to suppress statements made to an officer where appellant’s statement failed to meet the legal test for invocation of the right to counsel as the statement was not clear and unequivocal
0866101 Dominion Virginia Power and Dominion Resources, Inc. v. Betty J. Pulley 06/07/2011
Commission erred in failing to properly apply the actual risk test to determine if appellee’s injury arose out of a risk peculiar to her employment rather than a risk common to the neighborhood; remanded to commission for further proceedings
1013101 Richard Hopfer v. Commonwealth of Virginia 06/07/2011
Rule 5A:18 bars appellant’s argument that the trial court erred in finding amount of damage to victims’ property met $1,000 threshold for felony destruction of property; argument that trial court improperly admitted and considered hearsay evidence is barred by Rule 5A:12 where appellant failed to include this specific argument in his assignment of error
1207102 Clyde Jardenza Hill, Jr . v. Commonwealth of Virginia 06/07/2011
Appellant’s convictions of grand larceny and possession of burglarious tool affirmed where trial court did not err in denying appellant’s motion to suppress where officer’s initial encounter with appellant was consensual and subsequent seizure did not violate Fourth Amendment and evidence was sufficient to prove value of stolen items exceeded $200
1733101 Boris James Alston v. Commonwealth of Virginia 06/07/2011
Trial court did not err in finding it did not have jurisdiction to run a sentence imposed in another jurisdiction concurrently with the sentence it imposed in this case; argument on appeal barred by Rule 5A:18 where appellant argues trial court erred in denying his motion to run this sentence concurrently with sentence imposed in other jurisdiction
2121104 Fairfax County School Board v. Michael A. Horgan 06/07/2011
No error in award of benefits to appellee where appellee gave a reasonable excuse for not giving appellant timely notice of his injury and appellant failed to meet its burden to prove prejudice by the delay
2703103 Darryl S. Harris v. Commonwealth of Virginia, Department of Social Services, etc. 06/07/2011
Summary affirmance – trial judge did not err in applying doctrine of unclean hands and denying appellant’s motion to modify his child support obligation where appellant also failed to carry burden of proof as he failed to offer evidence as to his expenses or as to any change in child’s needs
0906104 Jose Alberto Osorio v. Commonwealth of Virginia 05/31/2011
No error in trial court’s decision sustaining the Commonwealth’s Batson challenge to two of appellant’s peremptory strikes where trial court was able to personally observe the challenged jurors and found nothing noteworthy about the behavior of either
1052101 Keith Pernell Chisman v. Commonwealth of Virginia 05/31/2011
No error in trial court's finding that evidence was sufficient to establish appellant unreasonably refused to have a sample of his breath taken for purpose of having its alcohol content analyzed
1259102 Rontel Taylor v. Commonwealth of Virginia 05/31/2011
No reversible error in trial court's decision denying appellant's attempt to elicit testimony from officer concerning the course of his investigation where trial court denied testimony on relevance grounds and appellant argues evidence was admissible because it was not hearsay
0101114 Commonwealth of Virginia v. Maurice D. Gaskins 05/24/2011
Trial court erred in granting appellee’s motion to suppress where officer had reasonable, articulable suspicion to conduct a traffic stop as appellee’s center high mount stop light on his vehicle was defective and warranted further investigation
0119112 Food Lion, LLC and Delhaize America, Inc. v. Steven E. Wheeler 05/24/2011
Summary affirmance – no error in finding that appellee’s injury arose out of and in course of his employment
0373101 James Dillingham v. Commonwealth of Virginia 05/24/2011
No error in trial court’s finding that testimony of victim was credible and that evidence was sufficient to support convictions of forcible sodomy, rape, and abduction with intent to defile
0882101 Food Lion, LLC and Delhaize America, Inc. v. Laura Otey 05/24/2011
No error in commission’s finding that appellee’s shoulder injury was compensable or in its award of benefits to appellee
1072102 Anthony Timothy Green v. Commonwealth of Virginia 05/24/2011
Appellant’s conviction of possession with intent to distribute an imitation Schedule I or II substance affirmed on procedural grounds where appellant’s argument on appeal was never raised in trial court and appellant’s argument at trial was not raised in his assignment of error
1875104 Lolita Renee Howard v. Cost Plus World Market and Federal Insurance Company 05/24/2011
Error in commission’s finding that appellant’s claim for permanent partial disability benefits was not timely filed where parties’ joint stipulation did not operate as an abandonment or waiver of the permanency claim
0120112 Karl V. Wendell, III v. Westmoreland County and VML Insurance Programs 05/17/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to benefits where injury did not arise out of and in course of his employment and he was not on a special errand at time of injury
0123113 Holtzman Corp. and Federated Services Ins. Co. v. Wade Allen Seekford 05/17/2011
Summary affirmance – commission did not err in applying the dissimilar employment rule or in its finding regarding appellee’s employment
0124113 W.R. Deacon & Sons, et al. v. Yvonne Howard Lewis (Widow), etc. 05/17/2011
Summary affirmance – no error in commission’s finding that there was insufficient evidence to determine what the parameters were of an alleged safety rule or that the rule was enforced
0133111 Wendy Ann Clark v. WilcoHess, LLC, et al. 05/17/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to benefits because she did not sustain an injury by accident
0548101 Sheldon Andre Swilling v. Commonwealth of Virginia 05/17/2011
No error in trial court’s finding that appellant did not act in self-defense when he brandished a firearm
0768101 David Charles Johnson v. Commonwealth of Virginia 05/17/2011
Trial court did not err in denying appellant’s motion to suppress where search of appellant’s vehicle was not unconstitutional; error in trial court’s finding that appellant possessed more than one-half ounce of marijuana but less than five pounds with intent to distribute; remanded to trial court for resentencing on lesser-included offense
1120101 Rusty Eklund v. Rokia Sidabe Eklund 05/17/2011
No error in trial court’s denial of appellant’s motion to modify the entry date of a custody and visitation order from the juvenile court under Code § 8.01-428(C) for lack of jurisdiction
2221104 CVS Virginia Distribution Inc., et al. v. Evelyn Suzette Thompson 05/17/2011
No error in commission’s finding that appellants are responsible for appellee’s medical treatment for her lumbar facet joint syndrome where medical evidence and testimony of her treating physician established a causal connection between the injury and treatment
2542101 Ernest L. McCoy v. EHM Construction, Inc. and Uninsured Employer's Fund 05/17/2011
Summary affirmance – as appellant did not comply with Rule 5A:20(e), we need not consider appellant’s claims
2602103 Crystal Donahue v. Roanoke City Department of Social Services 05/17/2011
Issue of whether trial court erred by entering an “Agreed Order” withdrawing appellant’s appeal of a juvenile court decision changing goal of foster care plan to adoption and terminating her parental rights to her child barred by Rule 5A:18 where appellant and her counsel represented appellant wanted to withdraw her appeal and never objected to entry of order
1719102 Danny Woodrow Wilson v. ACE Hardware Corporation et al. 05/10/2011
Commission did not err in denying appellant benefits for injuries he received as a result a spider bite where appellant failed to prove by a preponderance of the evidence that the injury arose out of his employment
2025102 Steve Budnick v. Murphy-Brown, LLC & ACE American Insurance Co., Inc. 05/10/2011
Commission did not err in declining to exercise jurisdiction where it refused to order appellees to pay hospital that treated appellant because hospital showed a zero balance and no right of appellant was involved
2168103 Sears Roebuck & Company et al. v. Brian Martin 05/10/2011
No error in commission’s finding that appellee suffered a compensable injury by accident arising out of his employment and was entitled to benefits
2339103 Thomas Lee Sowers v. Karen S. Walker 05/10/2011
Summary affirmance – trial court did not err in finding that it lacked jurisdiction to hear appellant’s motions under the UCCJEA
2523091 Allen Jerome Smith, Jr. v. Commonwealth of Virginia 05/10/2011
Trial court did not err in finding evidence was sufficient to support convictions of one count of burglary, two counts of attempted burglary, and two counts of petit larceny
2676102 Virginia Equipment Distributors, Inc. et al. v. Johnny M. Bright, Sr. 05/10/2011
Summary affirmance – no error in commission’s findings that appellee was entitled to benefits for a work injury
1018102 Roderick Williams, Jr. v. Commonwealth of Virginia 05/03/2011
Appellant’s conviction of malicious wounding reversed where trial court found appellant “unluckily” caused felonious injury to victim and appellant’s actions were “malicious with no intent”; remanded for new trial on charge of assault and battery
1060103 Clarence Michael Wiseman, Jr. v. Commonwealth of Virginia 05/03/2011
Trial court did not err in refusing to instruct jury on justifiable homicide where evidence proved appellant was at fault, at least in part, for his conflict with the victim
1124101 Karsten Obed Allen v. Commonwealth of Virginia 05/03/2011
Trial court did not err in denying appellant’s motion to suppress where encounter between appellant and officer was a consensual encounter and not a seizure under the Fourth Amendment
1211103 Ryan Lee Pinnix v. Commonwealth of Virginia 05/03/2011
Trial court did not err in admitting evidence of other bad acts committed by appellant as relevant to the charges for which he was on trial
1700103 Cassandra Zonniece Stone v. Allstate Insurance Company & Fidelity & Guaranty Insurance Company 05/03/2011
No error in commission’s finding that appellant failed to prove her injuries were causally related to a compensable workplace injury; we are without jurisdiction to consider appellant’s claim for punitive damages
1829104 Wayne Walter Frye v. Sharon Lynn Barb Frye 05/03/2011
Trial court did not err in holding unimproved tract of land was not appellant’s separate property; trial court’s finding regarding marital residence reversed and remanded to trial court for further proceedings
1920102 Virginia Department of Corrections v. Celia W. Hodges 05/03/2011
Appellee’s motion to dismiss granted and appeal dismissed without prejudice where orders appealed from are not final orders and are not subject to appeal
2022101 Ross & Sons Utility Contractor, Inc. et al. v. Christopher Samuel Hively 05/03/2011
Petition for Rehearing granted
2120104 Reffat K. Abofreka, M.D. v. Virginia Board of Medicine 05/03/2011
Summary affirmance – no error in trial court’s decision affirming appellee’s decision denying appellant’s petition for reinstatement of his license to practice medicine and surgery in Virginia
2177102 Stephanie Gayle McMillian v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in finding termination was in the best interests of the children and terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
2389102 James Daniel Williams, Jr. v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in changing the goals to adoption and terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
2436102 Stephanie Gayle McMillian v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in approving the plans for goals of adoption
2540104 Updike Industries, Inc. and Commerce & Industry Insurance Company v. Anthony Lionell Thacker, III 05/03/2011
Summary affirmance – commission did not err in awarding appellee benefits
2778091 Charles R. Bowser v. Commonwealth of Virginia 05/03/2011
Trial court did not err in finding evidence was sufficient to prove appellant committed a battery against a correctional officer
0813102 Lamone Lewis v. Commonwealth of Virginia 04/26/2011
Trial court erred in finding evidence to support conviction of possession of marijuana with intent to distribute where it failed to prove the marijuana locked in glove compartment of vehicle appellant owned but was not occupying at time of search was subject to his dominion and control and that he was aware of its presence
1157102 David Junior Howell v. Commonwealth of Virginia 04/26/2011
Commonwealth’s motion to dismiss appeal granted where appellant’s contention that he was denied effective assistance of counsel is not cognizable on direct appeal
1711102 Evelyn F. Brown v. Paul C. Josey, Jr. 04/26/2011
Appeal dismissed without prejudice where we lack subject matter jurisdiction to consider the merits of this appeal
2689092 David Grey Jordan, Jr. v. Commonwealth of Virginia 04/26/2011
Appellant’s convictions of stalking, third or subsequent offense and violating a protective order affirmed where trial court did not err in instructing jury that facts relating to prior charge could be considered as evidence of common scheme or plan
3059083 Guy Anthony Banks, Jr. v. Commonwealth of Virginia 04/26/2011
Upon Remand from the Supreme Court of Virginia – trial court erred in granting appellant’s motion to suppress where officers’ need to obtain a jacket for appellant did not constitute an exigency justifying the warrantless seizure
0859104 David Ray Gay v. Commonwealth of Virginia 04/19/2011
Trial court did not abuse its discretion in denying appellant’s two motions for a continuance or in finding evidence was sufficient to support convictions of attempted rape, abduction with intent to defile, and assault and battery
1054102 Tonya Serena Charles v. Commonwealth of Virginia 04/19/2011
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of two counts of uttering bad checks
1710104 Siamak Afsoos v. Ladan Afsoos 04/19/2011
Trial court did not err in valuing stock of appellant’s business, in determining amount of spousal support award to appellee, in requiring appellant to submit to Iranian divorce proceedings pursuant to agreement of parties, or in denying appellant’s motions to reconsider; final decree of divorce affirmed
1902104 Tina Maria Proctor Smith v. County of Arlington and PMA Management Corporation 04/19/2011
No error in commission’s finding that appellant did not suffer a compensable psychological injury by accident
2364103 Dale Gene Lee Lynchburg Division v. Lynchburg Division of Social Services 04/19/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of his children or in placing one child in permanent foster care
2509103 Faith P. Loftin v. City of Lynchburg Department of Social Services 04/19/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children
0399104 Sherrie Morgan v. Renee Kifus and David Chowaniec 04/12/2011
Trial court did not err in finding that appellant’s petition for paternity and declaratory relief was barred by res judiciata and in dismissing it where appellant sought to relitigate a prior custody decision
1345104 Atlas Van Lines and Legion Insurance Company v. Edward J. Kerr 04/12/2011
No error in commission’s findings that appellee was entitled to file for temporary partial disability benefits pursuant to Code § 65.2-708, that appellee made reasonable efforts to market his residual capacity, and that appellee suffered a continuing partial disability
1900102 Sherman & Sherman Properties v. Peter L. Long 04/12/2011
No error in commission’s finding that appellee was an employee of appellant and that appellant was an employer of appellee and had three or more employees and was subject to the Act
1940102 Peter L. Long v. Sherman & Sherman Properties and Uninsured Employer's Fund 04/12/2011
No error in commission’s finding that appellant was not entitled to temporary total disability benefits after August 10, 2007
2203104 Starbucks Coffee Co. and American Zurich Ins. Company v. Nathan Merrill 04/12/2011
Commission did not err in awarding appellee temporary total disability benefits
2477101 Kellyn Wilson and Bobby Joe Wilson v. James City County Division of Social Services 04/12/2011
Summary affirmance – trial court did not err in terminating appellants’ parental rights to their children under Code § 16.1-283(C)(2)
2593103 Karilyn Shepherd v. Merillat Industries and Travelers Indemnity Company of America 04/12/2011
Summary affirmance – no error in commission’s finding that appellant failed to prove her carpal tunnel syndrome developed as a result of her employment and not from any other causes
0001101 Saundra Payne Barlow v. Commonwealth of Virginia 04/05/2011
Appellant’s argument regarding sufficiency of evidence barred by Rule 5A:18 where she did not object to admissibility of blood alcohol analysis at trial; trial court was entitled to afford some weight to those results once they were admitted as evidence; conviction of driving under the influence, third offense affirmed
0463104 Jean Paul Enriquez v. Commonwealth of Virginia 04/05/2011
No error in trial court’s finding that evidence was sufficient to support conviction of driving under the influence of alcohol where appellant was “operating” vehicle by having key in ignition and car radio illuminated and playing music
0465092 Freddie W. Robinson, Jr. v. Commonwealth of Virginia 04/05/2011
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of obtaining, or attempting to obtain, at least $200 worth of utility service by fraud
1027104 Abderrahim Naaman v. Sahar Larrazabal 04/05/2011
Judgment of trial court affirmed where appellant failed to provide an adequate appendix to enable Court to address his assignments of error
1570104 Jeremy Antonio Washington v. Commonwealth of Virginia 04/05/2011
Trial court did not err in finding it lacked jurisdiction to conduct a review hearing of appellant’s commitment to Department of Juvenile Justice where review date was set outside of statutory 60-day period under Code § 16.1-289
1762102 Tynesha Chavis v. Hopewell Department of Social Services 04/05/2011
No error in trial court’s finding that it lacked jurisdiction over appellant’s appeals from J&DR court as appellant’s notices of appeal from the adjudicatory orders were premature and appellant never appealed the dispositional orders
2028104 Justin Maas v. Loudoun County and Wells Fargo Disability Management 04/05/2011
No error in commission’s finding that appellant was not entitled to temporary disability benefits where his left knee injury sustained when he stepped out of his patrol car did not arise out of the course of his employment
2386102 Colleen D. Harlow v. Capital One Services and Royal Indemnity Company 04/05/2011
Summary affirmance – commission did not err in not awarding appellant a lower extremity permanent impairment rating
1446104 William H. Kirkendale v. Kristen A. Kirkendale 03/29/2011
Summary affirmance – final divorce decree affirmed where appellant’s issues barred by Rules 5A:18, 5A:20(e), and 5A:25
1539102 Christopher Lee Packard v. Commonwealth of Virginia 03/29/2011
Trial court erred in failing to rule on whether appellant was physically unable to take the breath test; matter remanded to trial court for a determination on evidence already before court of that issue
1943102 Shawn L. Coble v. Henrico (County of) Fire 03/29/2011
No error in commission’s determination denying appellant benefits where appellee overcame the presumption in Code § 65.2-402(B)
2193101 Commonwealth of Virginia v. Tyler Cannon Spain 03/28/2011
Trial court erred in granting appellee’s motion to suppress marijuana found in his backpack where officer had reasonable, articulable suspicion to detain him based on appellee’s words, actions, clothes, and movements
0708101 Jason Lamont Jones v. Commonwealth of Virginia 03/22/2011
Trial court did not err in denying appellant’s motion to suppress cocaine found in glove box when vehicle was searched incident to appellant’s arrest on a separate charge and, based on totality of circumstances, officers had probable cause for that arrest
0921103 Commonwealth of Virginia, Board for Contractors v. Michael Gavigan 03/22/2011
No error in trial court’s order reversing appellant’s decision to deny appellee’s unsatisfied judgment under the Virginia Contractor Transaction Recovery Act; matter to be remanded to appellant for payment of claim
2068103 Rachel H. Slusser v. Giles County Department of Social Services 03/22/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance; no error in trial court’s termination of appellant’s parental rights to her children
2069103 Rachel H. Slusser v. Giles County Department of Social Services 03/22/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance; no error in trial court’s termination of appellant’s parental rights to her children
2107093 Brandon Maurice Collins v. Commonwealth of Virginia 03/22/2011
Trial court’s error in admitting certificate of analysis over appellant’s objection without testimony from analyst harmless where other evidence, including appellant’s admission in testimony, established that substance was marijuana
2240101 Vilayvong Kapoo Thongvathsa v. Roberts Furniture and Mattress, and et al. 03/22/2011
Summary affirmance – no error in commission’s finding that appellant’s injury by accident was not compensable because he was not engaged in a “special errand” for his employer at the time he was injured
2507094 Rocky Louis King v. Commonwealth of Virginia 03/22/2011
Appellant’s argument that trial court erred by denying his post-trial motion for mistrial or a hearing on the effect of third-party contact with jurors waived on appeal where appellant failed to timely object when the trial court informed him of the third-party contact
2005104 Branell Harris v. Virginia Employment Commission and Reston Hospital Center, LLC 03/15/2011
Summary affirmance – circuit court did not err in affirming VEC’s decision that appellant was disqualified for unemployment compensation due to misconduct
2022101 Ross & Sons Utility Contractor, Inc. and et al. v. Christopher Samuel Hively 03/15/2011
Commission’s award of temporary partial disability benefits to claimant is reversed as the record contains no evidence claimant made a reasonable effort to market his residual work capacity beyond obtaining a new job for a portion of the hours he worked pre-injury; case remanded to commission
2288103 Michele Lynn Navarro v. Cafe Enterprises, Inc. and Travelers Indemnity Company of America 03/15/2011
Summary affirmance – appellant’s arguments on appeal are without merit
2313102 E. C. Management Services, Inc. and et al. v. Robinette Anderson 03/15/2011
Summary affirmance – commission did not err in finding that appellee adequately marketed her residual work capacity and in awarding her continuing wage benefits
0071102 Robert James Ward v. Commonwealth of Virginia 03/08/2011
Trial court did not err in finding the evidence presented at trial sufficiently corroborated appellant’s extrajudicial confession to establish the corpus delicti of the charged offense and in finding the evidence sufficient to convict appellant of carnal knowledge of a brute animal
0528104 Keith John Anderson v. Commonwealth of Virginia 03/08/2011
Trial court did not err in not ordering sua sponte an evaluation of appellant’s competency to stand trial under the terms of Code § 19.2-169.1; appellant’s conviction is affirmed
1167102 Minor Child By His Court-Appointed Guardian Ad Litem v. Roijo E. Ellis and Robert E. Ellis, Jr. 03/08/2011
Trial court did not err in granting mother’s motion to strike; trial court’s dismissal of the guardian ad litem’s petition is affirmed as the guardian ad litem’s evidence did not meet the prima facie burden established in Code § 16.1-228 for proving that a child is in need of services
1410104 Virginia Department of Transportation/Commonwealth of Virginia v. Marion Franklin Shaffer 03/08/2011
Commission did not err in awarding claimant permanent total disability benefits as there was credible evidence to support the commission’s finding of causation and that claimant’s leg injuries rendered his legs unusable for any gainful employment
1509103 James Allan Myers v. Shelby Lynne Smith Myers 03/08/2011
Trial court did not err in granting appellant’s former spouse a share in two retirement plans
1530101 Danielle Nichole Hughes v. Daniel Nicholas Hughes and Linda Smith Hughes 03/08/2011
No error in trial court’s order authorizing the adoption of appellant’s daughter by appellant’s father and stepmother
1600102 Lydia C. Hayes v. Perrel Managment Company, Inc. and AMCOMP Employers Preferred Insurance Co. 03/08/2011
No error in commission’s decision to terminate Hayes’ award of temporary total disability benefits
1633102 Perrel Management Company, Inc. and AMCOMP Employers Preferred Insurance Co. v. Lydia C. Hayes 03/08/2011
No error in commission’s decision authorizing Hayes a new treating physician for compensable medical treatment
1976102 Commonwealth of Virginia v. Brandon Marshall Turner 03/08/2011
Trial court erred in holding that a formal arrest must precede the search of a suspect’s person as the officer had probable cause to arrest Turner for possession of marijuana when he searched him; trial court’s order granting the motion to suppress is reversed and this matter is remanded to the trial court for trial
2198102 Rodney D. McNair v. Reinhart Food Service, LLC and Indemnity Insurance Company of North America 03/08/2011
Summary affirmance – no error in commission’s decision denying appellant’s claim for benefits
2233104 Inova Fairfax Hospital, Inova Health System Foundation, Inc. and et al. v. Nezha Alaoui 03/08/2011
Summary affirmance – as those questions and arguments raised before the commission are without merit, award is affirmed
2285102 Wendy Roane v. Virginia Retirement System 03/08/2011
Summary affirmance – trial court did not err in dismissing appellant’s petition for appeal as appellant admittedly failed to timely file the petition for appeal and the trial court had no authority to extend the filing deadline
0117104 Wayne F. Moore v. Ruth Doris Moore 03/01/2011
Trial court erred in ordering appellant to name appellee as a beneficiary under his life insurance policy in the absence of a written agreement between the parties; remainder of equitable distribution affirmed
0455101 Derreak Lamonte McMillian v. Commonwealth of Virginia 03/01/2011
Trial court did not err in admitting evidence of prior crimes to establish appellant’s identity as perpetrator of offenses of murder, use of a firearm in commission of murder, and grand larceny
1232103 Jose L. Bernabe Hernandez v. Shenandoah Valley Department of Social Services 03/01/2011
As subsections of Code § 16.1-283 are distinct, appellant’s arguments regarding termination of his parental rights under subsections (B) and (C)(2) are moot where trial court terminated his parental rights specifically only under subsection (E)
1233103 Jose L. Bernabe Hernandez v. Shenandoah Valley Department of Social Services 03/01/2011
As subsections of Code § 16.1-283 are distinct, appellant’s arguments regarding termination of his parental rights under subsections (B) and (C)(2) are moot where trial court terminated his parental rights specifically only under subsection (E)
1332104 Kathleen Marie Roth v. Donald Davis Roth, II 03/01/2011
No error in trial court’s finding that parties’ property settlement agreement did not grant appellant an equitable interest in appellee’s retirement pension that did not exist at the time of execution of the agreement
1491102 James D. Chaney v. Honeywell International Inc. and Indemity Insurance Company of North America 03/01/2011
No error in commission’s finding that appellant failed to meet his burden of proof in demonstrating he made reasonable efforts to adequately market his residual work capacity and its denial of temporary partial disability benefits
1827103 Weldon A. Mongold v. Harrison Rockingham Social Services District 03/01/2011
Summary affirmance – no error in trial court’s decision to terminate appellant’s parental rights to his child
2691092 Michelle Diane Lindsey v. Commonwealth of Virginia 03/01/2011
Trial court’s limitation of cross-examination of one of Commonwealth’s witnesses to prove possible bias harmless error where extensive evidence proved appellant’s guilt
0324102 Carmen Marie Duckworth v. Commonwealth of Virginia 02/22/2011
No error in trial court’s finding that Commonwealth had presented sufficient evidence to prove Mecklenburg County was proper venue for prosecution of appellant’s forgery charge
0991104 Wayne Smith v. Rockingham (County of) and Virginia Association of Counties Group Self-Insurance 02/22/2011
No error in commission’s finding that appellant’s evidence failed to prove his injury arose out of his employment where it found no connection between height or condition of step and appellant’s knee injury
1182102 Arthur M. Jones and Mary Jones v. Henrico Department of Social Services 02/22/2011
Trial court did not err in denying appellants custody of their granddaughter where it found they were not suitable custodians and the relative they suggested for placement was also not a suitable custodian
1644104 Scott D. Whitmore v. Barbara A. Whitmore 02/22/2011
Summary affirmance – no error in trial court’s decision to award dog to appellee
1720102 Sheila Runyon, Administratrix of the Estate of Howard Runyon v. CBS Construction Company, et al. 02/22/2011
Commission did not err in refusing to award appellant benefits where it found she was not a presumptive dependent under Code § 65.2-515 and was not entitled to an award of benefits under Code § 65.2-511
1748103 Keisha Wingo v. Tazewell County Department of Social Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children
1758103 Michael Wingo v. Tazewell County Department of Social Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his three children
1973101 Joel Lannigan v. Virginia Beach Department of Human Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children
2109102 James Milton Carter, Jr. v. Aaron A. Hoffman T/A Hoffman Construction Company, et al. 02/22/2011
Summary affirmance – no error in commission’s decision that appellant’s claim was time-barred and that appellees were not responsible for his mileage reimbursement and medical expenses
2181103 Clinchfield Coal Company and The Pittson Company v. Franklin Lewis Calo 02/22/2011
Summary affirmance – no error in commission’s finding that appellee’s motion to amend his claim for temporary total disability benefits was not time-barred
2496094 Sharon Ruth Tucker v. John Harrison Clarke 02/22/2011
No error in trial court’s order awarding primary physical custody of parties’ child and final decision making authority over education and day care issues to appellee; no error in trial court’s refusal to disqualify appellee’s attorney
2497094 Sharon Ruth Tucker v. John Harrison Clarke 02/22/2011
No error in trial court’s order awarding primary physical custody of parties’ child and final decision making authority over education and day care issues to appellee; no error in trial court’s refusal to disqualify appellee’s attorney
1353103 Barbara Jean Perry Brock v. Jerry Earnest Brock 02/15/2011
Trial court did not err in classifying Vanguard IRA as appellee’s separate property in equitable distribution in final decree where parties had previously agreed to divide appellee’s retirement, appellant had received her share, and appellee placed his share into IRA at issue
1521102 Rita Ann Van Arsdall v. Roy Thomas Van Arsdall 02/15/2011
Summary affirmance – no error in trial court’s decision regarding spousal support in final decree where trial court considered appellant’s income and expenses and her medical condition and healthcare needs
1550104 Robert Louis Freeman, III v. Deborah Leigh Golden 02/15/2011
Summary affirmance – no error in custody and visitation order regarding parties’ child
1561104 James F. Redding v. Community Living Alternatives and Liberty Mutual Insurance Company 02/15/2011
Summary affirmance – no error in commission’s finding regarding appellant’s claims
1744102 Sears Roebuck and Company and et al. v. Joey Wayne Brooks 02/15/2011
Summary affirmance – no error in commission’s finding that appellee’s injury arose out of his employment
2029091 Mills Eugene Rose v. Commonwealth of Virginia 02/15/2011
No error in trial court’s finding that appellant operated a motor vehicle where the key to vehicle was in ignition switch turned to auxiliary position, the radio was running, and appellant was in driver’s seat; conviction of driving a motor vehicle while intoxicated affirmed
1979102 Commonwealth of Virginia v. Michael Adam Ferrell 02/10/2011
Trial court erred in granting appellee’s motion to suppress where individual with apparent authority to consent to search of vehicle never stated explicitly that she withdrew her consent to the search and she merely repeated statements of another that he did not want the search to take place
0190101 Robert Charles Bostic v. City of Virginia Beach 02/08/2011
No error in trial court’s finding that assault and battery of victim occurred within city limits where incident was 40 yards from the Virginia Beach shoreline in the Chesapeake Bay based on record in this case
0939104 Geeve Assari v. Suzanne R. Assari 02/08/2011
Trial court did not err in imputing income to appellant where appellant’s income was partially reduced due to factors beyond his control and partially due to his own voluntary underemployment
1508103 Viviana Mayanes v. Shenandoah Valley Department of Social Services 02/08/2011
Summary affirmance – trial court did not err in finding evidence sufficient to support termination of appellant’s parental rights to her three children
1847104 Richard Clayton v. State Building Code Technical Review Board 02/08/2011
Trial court did not abuse its discretion in finding that appellee properly interpreted its regulations when it determined that retrofitting of firestops in appellant’s condominium building is not required as a matter of law
1871103 Christian Fauber v. Shenandoah Valley Department of Social Services 02/08/2011
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her son
1889093 Joshua Jonathan Hairston v. Commonwealth of Virginia 02/08/2011
Trial court did not err in excluding appellant’s proffered evidence allegedly bearing on victim’s character and appellant’s state of mind at time of shooting; convictions of second-degree murder and use of a firearm in commission of felony affirmed
2509091 Robert Randolph Williams v. Commonwealth of Virginia 02/08/2011
Trial court did not err in denying appellant’s motion to suppress where traffic stop was supported by a reasonable, articulable suspicion of criminal activity
2590091 O'Dane Greg Maye v. Commonwealth of Virginia 02/08/2011
Trial court erred in ordering restitution for an “indirect” loss to one of appellant’s victims; remanded to trial court to make appropriate corrections to amount of restitution
2832091 Steven Prevounce Lamb v. Commonwealth of Virginia 02/08/2011
Trial court did not err in finding evidence sufficient to conclude appellant had knowledge of the presence of firearm situated beneath driver’s seat of vehicle appellant was driving and that firearm was subject to his dominion and control
2846092 Carol Norman Drew, III v. Commonwealth of Virginia 02/08/2011
Trial court did not err in granting Commonwealth’s motion to join appellant’s case with his co-defendant for trial or in denying appellant’s motion for mistrial where it was not manifestly probable that the witness’ testimony prejudiced appellant
0120104 Julia Souter v. County of Warren 02/01/2011
Appellant’s conviction for violating Warren County’s noise ordinance reversed where ordinance was unconstitutionally vague
0634103 Joshua Thomas Williams v. Department of Social Services for the County of Campbell 02/01/2011
As trial court terminated appellant’s parental rights to his child under Code § 16.1-283(B) and (C)(2) and appellant only challenged decision as to subsection B, ruling under subsection C stands and renders challenge to termination under subsection B moot
0698103 Heather Renee Irvine Price Williams v. Department of Social Services for the County of Campbell 02/01/2011
No reversible error in trial court’s decision to admit two internet generated exhibits into evidence; evidence was sufficient to support termination of appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1070102 Scott Thomas McNamee v. Sharon Jones McNamee 02/01/2011
Trial court’s order denying appellant’s motion to amend spousal support based on changes in circumstances affirmed in part, reversed and remanded in part, and reversed and vacated in part
1102103 Tabitha Ann Harris v. City of Danville Division of Social Services 02/01/2011
Memorandum opinion withdrawn and order withdrawing appeal substituted in its place
1883091 Michael Lancaster v. Commonwealth of Virginia 02/01/2011
Based on record on appeal, any error by trial court in refusing to grant appellant’s proffered instruction on justifiable self-defense harmless
1987103 Richard Allen Frayer v. Williams Brothers Lawn & Tree Service, etc. 02/01/2011
Summary affirmance – no error in commission’s finding that appellant unjustifiably refused vocational rehabilitation services
2613094 Trang Chau v. Commonwealth of Virginia 02/01/2011
Trial court did not err in finding evidence sufficient to prove appellant was guilty of two counts of credit card theft and two counts of credit card fraud
0753103 Timothy M. Barrett v. Valerie Jill Rhudy Barrett 01/25/2011
Trial court did not abuse its discretion in awarding custody of parties’ four children to appellee
1007104 Hyatt Regency Crystal City and Hyatt Corporation v. Charles Spencer 01/25/2011
No error in commission’s award of benefits to appellee where credible evidence supported finding that appellee’s shoulder injury was caused by workplace accident and not related to his pre-existing condition
1166104 Maria T. Chirino v. Prince William County School Board and et al. 01/25/2011
No error in commission’s finding that appellant failed to prove she developed a frozen shoulder as a compensable consequence of her workplace accident
1335103 Phillip Hopkins v. Sandy D. Hopkins 01/25/2011
Summary affirmance – no error in trial court’s order denying appellant’s motion to modify his spousal support obligation where appellant’s reduction in income was through a voluntary change in employment and not a material change of circumstances warranting a change or abatement of support
1437102 Aristotelis Pramagioulis v. Cynthia Pramagioulis 01/25/2011
Summary affirmance – trial court did not err in rescinding property settlement agreement given gross disparity in division of assets and overreaching influences to persuade appellee to sign; final decree of divorce affirmed
1737102 Prince William County School Board and VML Insurance Programs v. Mary E. Rahim 01/25/2011
Petition for Rehearing En Banc granted
1878102 Gloria Anne Fleming v. Philip Morris USA, Inc. and American Protection Insurance Company 01/25/2011
Summary affirmance – no error in commission’s findings appellant was not underpaid benefits, was not entitled to a penalty on unpaid benefits or on cost of living adjustments, and that there was no evidence appellees withheld payments intentionally or in bad faith
0671101 Rebecca Dunn v. Commonwealth of Virginia, Department of Social Services 01/18/2011
Trial court did not err in terminating appellant’s residual parental rights to her three children as it applied the correct standard of proof and was not required to further investigate placing children with appellant’s sister
1301101 Rabha Namrouri Chaplain v. Billy W. Chaplain 01/18/2011
No error in trial court’s determinations that the parties’ premarital agreement was not unconscionable and that wife executed it knowingly and voluntarily
0127101 Niles Sebastian Harrison v. Commonwealth of Virginia 01/11/2011
Trial court did not abuse its discretion, under circumstances of this case, in refusing appellant’s motion to reopen the evidence and allow appellant to testify
0484101 Peter Franklin McCoy v. Josephine Ann Pascarella 01/11/2011
Trial court did not abuse its discretion in awarding primary physical custody of parties’ children to appellee
0485101 Josephine Ann Pascarella v. Peter Franklin McCoy 01/11/2011
No error in trial court’s determination of parties’ ownership percentages of business, in its distribution of parties’ marital property, in classifying and valuing parties’ property and appellant’s tax debt, in addressing issue of hybrid property, or in finding no child support arrearage existed
0864104 William Noel Blair v. Karin Lullman Blair 01/11/2011
No error in trial court’s order modifying appellant’s spousal support obligation to appellee where it was reasonable for trial court to conclude that parties anticipated appellee’s eligibility to receive social security benefits during term original spousal support award would be in effect when they entered the property settlement agreement
1699103 Claude Wesly Stotts v. Boart Longyear Company and Zurich American Insurance Company 01/11/2011
Summary affirmance – no error in commission’s finding that appellant did not adequately market his residual work capacity
1849101 Limon Construction Company and Stonewood Insurance Company v. Efrain Grimaldo Guerrero 01/11/2011
Summary affirmance – no error in commission’s finding that appellee need for ongoing medical care and disability was causally related to work accident and its determination of appellee’s pre-injury average weekly wage
2232092 Anonymous C v. Anonymous B 01/11/2011
Order of trial court pertaining to preliminary protective order implemented by juvenile and domestic relations district court affirmed in part, reversed in part, and remanded to trial court for further proceedings
2420094 Hector Luis Pagan v. Commonwealth of Virginia 01/11/2011
Any error by trial court in admitting hearsay evidence of an investigation in another jurisdiction harmless where trial court specifically stated it did not reply upon that evidence in reaching its sentencing decision
2440091 James Dario Maciel, Jr. v. Commonwealth of Virginia 01/11/2011
No error in appellant’s conviction of trespassing where appellant willfully continued to occupy apartment without authority of law, after he had clearly been forbidden to do so, and fact finder could have rejected appellant’s affirmative defense where he failed to establish a sincere, though mistaken, good faith belief he had some legal right to occupy apartment
2714093 Daphne Mayhew v. John Mayhew 01/11/2011
Trial court did not err in its classification of appellee’s defined contribution retirement plan; trial court erred in its determination as to amount of appellee’s separate contribution to marital residence
0870104 Catherine L. Dunfee v. David A. Dunfee 12/28/2010
Trial court erred in awarding appellee part of funds from refinance on property, in failing to value appellee’s professional tools, and in awarding appellee half of CD; remainder of decree affirmed
1370103 Teresa Grimes Guynn and Steven D. Guynn v. Pulaski County Department of Social Services 12/28/2010
Trial court did not err in finding appellee provided reasonable and appropriate services to appellants or in terminating parental rights of appellants to their children
0761104 Iftikhar H. Saiyed v. Virginia Employment Commission 12/21/2010
Summary affirmance – no error in trial court’s finding that appellant was not entitled to unemployment compensation benefits
0814104 Family Dollar Stores, Inc. et al. v. Jackie James Presgraves 12/21/2010
No error in commission’s award of benefits where evidence proved appellee suffered an injury by accident arising out of his employment, that his injuries were caused by the accident, that the disability and medical treatment were related to accident, and medical evidence supports periods of disability
1021104 Philip A. Hoyle v. Jennifer M. Hoyle 12/21/2010
Summary affirmance – transcript of timely filed written statement of facts indispensable to determination of issues raised on appeal
1064104 Koorosh Azandeh v. Simindokht Okhravi Azhandeh 12/21/2010
Summary affirmance – no error in trial court’s finding that child support provision in parties’ property settlement agreement was null and void
1102103 Tabitha Ann Harris v. City of Danville Division of Social Services 12/21/2010
Trial court abused its discretion in refusing to grant a continuance of permanency planning hearing so appellant could attend hearing where appellant’s counsel provided an explanation for her absence and requested a brief continuance
1256091 Glenn Antoine Harrison, Jr., a/k/a Glenn Harrison, Jr. v. Commonwealth of Virginia 12/21/2010
Any error by trial court in admitting autopsy report into evidence when performing medical examiner did not testify harmless where nothing in autopsy report pertained to identity of assailant, the only issue contested at trial
1486104 EMCOR Group, Inc./Combustioneer Corporation, et al. v. William Raymond Belt, Jr. 12/21/2010
Summary affirmance – no error in commission’s finding that appellee suffered a compensable, work-related injury to his right foot and ankle
1559101 Alice Kay Perreault v. Virginia Employment Commission and City of Norfolk 12/21/2010
Summary affirmance – no error in circuit court’s finding that appellant was disqualified for unemployment compensation benefits due to misconduct and finding that she had a fair and impartial hearing before the VEC
1737102 Prince William County School Board and VML Insurance Programs v. Mary E. Rahim 12/21/2010
Summary affirmance – no error in commission’s award of compensation benefits to appellee
1897091 Shadeede Ali Muhammad v. Commonwealth of Virginia 12/21/2010
Trial court erred in denying appellant’s motion to suppress cocaine particles found in driver’s seat of vehicle in which appellant was passenger where evidence was insufficient to support a finding that he was engaged in criminal enterprise with driver and officers lacked probable cause to search appellant
2260092 Rosa Coleman v. Commonwealth of Virginia 12/21/2010
Appellant’s appeal of order authorizing Commonwealth to provide medication over her objection procedurally defaulted where she failed to develop her due process and equal protection arguments in her brief or otherwise support her assertions with legal authority and failed to obtain ruling from trial court on her challenge to constitutionality of statute
2451091 Demonte Rayshawn Worrell v. Commonwealth of Virginia 12/21/2010
Error in appellant’s conviction of unlawful wounding where insufficient circumstances of violence and brutality surrounding appellant’s single punch of victim supported inference of intent to maim, disfigure, disable or kill victim
0748102 Toby James Mitchell v. Commonwealth of Virginia 12/14/2010
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where appellant acquiesced in setting of original trial date outside of time frame under Code § 19.2-243
0877103 Ricardo Francois Johnson v. Commonwealth of Virginia 12/14/2010
No error in trial court’s finding that evidence was sufficient to prove appellant was in close proximity to concealed weapon in back seat of vehicle where appellant had been sitting and was then “about his person”
1002101 Eastern Shore Community Services Board and Vacogsia v. Brenda Annette Robinson 12/14/2010
No error in commission’s finding that appellee suffered an injury by accident arising out of and in the course of her employment
1025104 Nasser T. Zonoozi v. Soudabeh Aharipour 12/14/2010
Summary affirmance – final decree of divorce affirmed where appellant failed to comply with Rule 5A:20(a), (c), (e), and (f) and failure to comply with rule is significant
1229102 Dennis Grover Blackwell v. Natalie Denise Blackwell 12/14/2010
Summary affirmance – no error in final decree of divorce awarding appellee divorce based on living separate and apart for one year, in denying appellant award of attorney’s fees, or in granting appellee award of attorney’s fees
2170092 Donald Lamont Smith v. Commonwealth of Virginia 12/14/2010
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where IAD was not triggered by appellant’s written demand for speedy trial, where appellant was tried within statutory period of Code § 19.2-243, and appellant neither alleged nor proved prosecutorial misconduct
2367091 Michael Gardner v. Commonwealth of Virginia 12/14/2010
Appellant’s convictions affirmed where record does not include transcript of hearing necessary for resolution of appellate issue regarding whether trial court erred in finding witness was “kept away” under Code § 19.2-243(2)
2406091 James Thomas Bunch v. Commonwealth of Virginia 12/14/2010
Evidence was not sufficient to support one conviction of larceny with intent to sell or distribute stolen property where it did not prove requisite intent to sell items stolen; evidence was sufficient to support one conviction of larceny with intent to sell or distribute stolen property where appellant knowingly transported stolen property with requisite intent
2621091 Antoine Fitzgerald Smith v. Commonwealth of Virginia 12/14/2010
As trial court had no jurisdiction under Rule 1:1 to rule on appellant’s motion for reconsideration, the November 16 order denying motion on the merits is vacated
0191102 Nancyrose P. Clark v. Richmond Department of Social Services 12/07/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and in finding that such termination was in the child’s best interests
0672103 Roman Lee Taylor v. City of Roanoke Department of Social Services 12/07/2010
No error in trial court’s order terminating appellant’s parental rights to his two children
0700103 Tonya Annette Taylor v. City of Roanoke Department of Social Services 12/07/2010
No error in trial court’s order terminating appellant’s parental rights to her two children
1264103 Brandy McCoy, Sometimes Known as Brandi McCoy v. Grayson County Department of Social Services 12/07/2010
Trial court did not err in terminating appellant’s parental rights to her two children
1560102 Tiffany N. Hobson v. Petersburg Department of Social Services 12/07/2010
Summary affirmance – appellant’s failure to challenge the terminations of her parental rights under Code § 16.1-283(C) and (E) renders moot her claims regarding the terminations under Code § 16.1-283(B); trial court’s decisions to terminate appellant’s parental rights are affirmed; additional issue precluded by Rule 5A:18
2464091 Dennis B. Barson, Jr. v. Commonwealth of Virginia 12/07/2010
Petition for Rehearing En Banc granted
0085103 Commonwealth of Virginia v. Tremon Antonio Wimbush 11/30/2010
Trial court erred in not imposing mandatory five-year sentence for a second conviction of use of a firearm in commission of a felony
0482101 Veronica Deanna Bell v. Commonwealth of Virginia 11/30/2010
Trial court did not err in allowing Commonwealth to refresh witness’ recollection or in finding evidence sufficient to support convictions of uttering and attempting to obtain money by false pretenses
1230102 Joseph Linville Lewis v. Yvonne DeGaetani Lewis 11/30/2010
Summary affirmance – trial court did not err in denying appellant’s motion to reduce or terminate his spousal support to appellee
1430092 Deandre Tydrell Gay, s/k/a Deandre Tydnell Gay v. Commonwealth of Virginia 11/30/2010
Trial court did not err in finding evidence sufficient to support convictions of two counts of distribution of cocaine and two counts of distribution of heroin or in refusing to merge two separate indictments charging distribution of two separate drugs into a single indictment; we are unable to determine whether trial court erred in not allowing cross-examination
2560094 Jermaine Ridgley v. Fairfax County Department of Family Services 11/30/2010
Trial court did not err in terminating appellant’s parental rights to his son where evidence of termination was properly considered by trial court; as no transcript or statement of facts was timely filed, Court unable to determine appellant’s issue regarding ineffective assistance of counsel
2849093 Delonte Bruce Samuels v. Commonwealth of Virginia 11/30/2010
Any error by trial court in denying appellant’s motion to reveal identity of confidential informant prior to trial harmless; trial court did not err in denying motion to continue or counsel’s motion to withdraw as there was no significant risk that counsel’s representation of witness would materially affect representation of appellant
0269102 Donald Kellison, s/k/a Donald Ray Kellison, Jr. v. Commonwealth of Virginia 11/23/2010
Trial court did not err in finding three photographs constituted lewd exhibitions of nudity; convictions of possession of child pornography affirmed
1167092 Kenneth Wesley Murray v. Commonwealth of Virginia 11/23/2010
Trial court did not err in refusing appellant’s request to give a limiting instruction to jury regarding victim’s second 911 call where victim’s statements fell under present sense impression exception to hearsay rule
1203103 Alfon Maristela v. Virginia Board of Nursing 11/23/2010
Summary affirmance – no error in trial court’s affirmance of Board’s decision to indefinitely suspend appellant’s nursing license for a period of not less than two years
1213093 Dominque Matthew Scott v. Commonwealth of Virginia 11/23/2010
No error in trial court’s finding that circumstantial evidence proved appellant received or concealed a stolen firearm and simultaneously possessed the firearm and drugs
1373104 CVS #00871/CVS of Virginia, Inc. and GAB Robins North America, Inc. v. Darlene A. Brooks 11/23/2010
Summary affirmance – no error in commission’s decision awarding benefits to appellee
1379101 Commonwealth of Virginia v. Craig Michael Melvin, Jr., a/k/a Craig Marcel Melvin, Jr. 11/23/2010
Trial court erred in granting motion to suppress where officer had probable cause to arrest appellee before he put his hand in appellee’s pocket; matter remanded to trial court for further proceedings
1104104 Lorain Walker v. Alexandria Redevelopment & Housing Authority and et al. 11/16/2010
Summary affirmance – no error in commission’s finding that appellant’s injury occurred over course of three days and was not compensable
2383091 James C. Henderson v. Commonwealth of Virginia 11/16/2010
Evidence was insufficient to prove appellant obstructed or interrupted administration of justice or was disobedient or resistant to lawful process of court; conviction of contempt reversed and dismissed
2494094 Arnold J. Mancia Morales v. Commonwealth of Virginia 11/16/2010
Trial court did not err in denying motion to suppress appellant’s evidence of statements made to officers where statements were not legally sufficient to invoke his right to counsel; evidence was sufficient to prove asportation and detention of victim was not merely incidental to crime of rape; evidence proved appellant entered home with deadly weapon
2542092 Ben W. Hunter v. Commonwealth of Virginia 11/16/2010
Conviction of felony failure to appear affirmed where record is inadequate to determine whether trial court erred
0095102 Big Lots Stores, Inc. and et al. v. Judy Diane Browning 11/09/2010
No error in commission’s finding that vocational rehabilitation services provided by appellants were inadequate and that appellants did not meet burden of proving appellee failed to cooperate with those services; denial of motion to terminate appellee’s benefits affirmed
0340103 Antonio Osorio v. Harrisonburg Rockingham Social Services District 11/09/2010
Trial court did not err in terminating appellant’s parental rights to two of his children under Code § 16.1-283(E)(iii) where evidence proved termination was in best interests of children or in declining to place children with appellant’s brother
0387103 Laura Elena Davila v. Harrisonburg Rockingham Social Services District 11/09/2010
Appellant’s issues regarding whether sufficiency of evidence to support termination of her parental rights to two of her children and the permanency planning orders placing three of her children in permanent foster care barred by Rule 5A:18 and no miscarriage of justice found which would require reversal
0684103 Smitty's Inc., T/A et al. v. Commonwealth of Virginia Department of Alcoholic Beverage Control 11/09/2010
Appellant’s arguments not preserved for appeal where appellant conceded the violations before the ABC Board and sought only mitigation in punishment and failed to raise the legal issues before the Board
0888103 Crystal Donahue v. Roanoke City Department of Social Services 11/09/2010
Trial court did not err in terminating appellant’s parental rights to her daughter where evidence was sufficient to support termination under Code § 16.1-283(B) and 16.1-283(C)(2) or in finding child was neither competent to testify nor of an age of discretion
0999103 David Christian Parker, Sr. v. Harrisonburg Rockingham Social Services District 11/09/2010
Trial court did not err in terminating appellant’s parental rights to his child where evidence was sufficient to prove appellant did not communicate with the child on a continuing and planned basis for more than six months and appellant made no efforts to contact appellee before his incarceration and appellee had no chance to provide any services
1178093 Lester O'Neil Woodruff v. Commonwealth of Virginia 11/09/2010
Trial court did not err in denying motion to suppress evidence seized from appellant and his car or statements made to officers where officer felt what he suspected was cocaine in appellant’s pocket and appellant admitted he intended to smoke the crack in his pocket, giving officer probable cause to arrest and authority to remove cocaine
1188101 Ronald Artis v. City of Portsmouth Department of Social Services 11/09/2010
Summary affirmance – termination of appellant’s parental rights to his children affirmed where appellant only challenges the trial court’s decision regarding one of the two subsections under which appellant’s rights were terminated
1338104 Matthew E. Crowley v. Alban Tractor Company 11/09/2010
Summary affirmance – no error in commission’s findings that appellant was not totally disabled or that the medical treatment after a date certain was not causally related to his workplace accident
1512103 Wachovia Bank, N.A. and ACE USA (ESIS) v. Valerie L. Rosborough 11/09/2010
Summary affirmance – no error in commission’s finding that appellee suffered a compensable injury arising out of and in the course of her employment
1517092 Willard Lee Talley, Sr. v. Commonwealth of Virginia 11/09/2010
Trial court did not err in finding circumstantial evidence was sufficient to prove appellant willfully concealed merchandise owned by the store while on store’s premises, creating a prima facie case of an intent to defraud the owner
2435094 Joshua Kenneth Shortt v. Commonwealth of Virginia 11/09/2010
Appellant’s conviction of driving under the influence of drugs affirmed where appellant failed to meet his burden to establish the affirmative defense of “unconsciousness” predicated upon a claim of “sleep driving”
2558092 Neil Wayne Hounshell, s/k/a Neil Wayne Hounshell, II v. Commonwealth of Virginia 11/09/2010
No error in trial court’s finding that evidence was sufficient to prove appellant intended to distribute the methadone and diazepam found in his underwear and appellant took all the necessary steps to accomplish his objective of delivering drugs to others in the jail annex
2654092 Edward Antaion Baker v. Commonwealth of Virginia 11/09/2010
Trial court did not err in denying appellant’s motion to suppress where officers had a particularized and objective basis for suspecting appellant was involved in criminal activity to support the investigatory stop
0818101 Commonwealth of Virginia v. Christopher Hahns Boyd, s/k/a Christopher Perry-Boyd 11/05/2010
Trial court erred in granting motion to suppress where appellee failed as a matter of law to prove officer seized appellant merely by asking for and temporarily retaining this ID card
0292102 Rhonda S. Earman v. Virginia Department of Veterans Services 11/02/2010
Judgment of trial court affirmed where six of appellant’s questions presented on appeal challenge either factual determinations made by hearing officer or policy determinations which are not subject to judicial review; appellant has not proved she was prejudiced where decision on administrative review not made within 60-day time limit
0650094 Luis Enrique Escobar Torres v. Commonwealth of Virginia 11/02/2010
Appellant’s conviction of sexual penetration with an animate object affirmed where evidence proved crimes occurred in Fairfax County, giving trial court territorial jurisdiction to try appellant for charged offense
0670104 Anna Larrick v. Clarke County Department of Social Services 11/02/2010
Summary affirmance – decision of trial court terminating appellant’s parental rights to her child affirmed
1165103 B R D Coal Company and Liberty Mutual Insurance Company v. Rufus Edward Baldwin 11/02/2010
Summary affirmance – no error in commission’s finding that appellee was under an award for permanent total disability benefits
1204104 James Christopher Haney v. Marina A. Haney 11/02/2010
Summary affirmance – trial court did not err in entering the qualified domestic relations orders dividing retirement
1635092 Delwin Lambert Isaac, Jr. v. Commonwealth of Virginia 11/02/2010
Trial court did not err in finding evidence sufficient to prove appellant was previously adjudicated delinquent of a felonious act where in light of presumption of regularity, the absence of a mark on the order indicating appellant had knowingly and voluntarily waived his rights is not sufficient by itself to show prior plea was not knowing or voluntary
2203091 John Russell Bradbury v. Commonwealth of Virginia 11/02/2010
Evidence was insufficient to support conviction of arson of land where it did not prove appellant intended to burn the land or that any land was burned as result of appellant’s action; evidence was sufficient to support convictions of abduction, arson of dwelling, and burglary with intent to commit arson
2464091 Dennis B. Barson, Jr. v. Commonwealth of Virginia 11/02/2010
Appellant’s conviction of harassment by computer reversed and dismissed where evidence was not sufficient to prove e-mails were obscene
2806093 Timothy Gordon Wilson v. Commonwealth of Virginia 11/02/2010
Trial court did not err in finding evidence sufficient to prove appellant intended to commit an applicable felony at the time he broke and entered a dwelling house to support his conviction of armed statutory burglary
1068092 Randolph A. Szenasy v. Commonwealth of Virginia 10/26/2010
Trial court did not err in admitting photographs of appellant’s bedroom as relevant evidence; evidence was sufficient to find appellant killed victim in a malicious and premeditated manner to support convictions of first-degree murder and use of a firearm in commission of murder
1127102 Francisco J. Garcia v. RBP Construction, Inc. and North American Specialty Insurance Company 10/26/2010
Summary affirmance – no error in commission’s finding that appellant failed to prove his injury arose out of and in the course of his employment
1570093 Jerry Lavail Stone v. Commonwealth of Virginia 10/26/2010
Appellant’s arguments that evidence was insufficient to support his convictions because he was acting in self-defense during his confrontation with the victim barred by Rule 5A:18
1795092 Brandon Jarell Love v. Commonwealth of Virginia 10/26/2010
Appellant’s conviction of misdemeanor obstruction of justice reversed and dismissed where evidence that appellant ran away from the police, without doing anything else, is insufficient as a matter of law to support conviction under Code § 18.2-460(A)
1829093 Dale James Wray v. Commonwealth of Virginia 10/26/2010
Appellant’s arguments on appeal barred by Rule 5A:18 or 5A:20(e); revocation of appellant’s suspended sentence affirmed
1836091 Tarquia Simone Stagg v. Commonwealth of Virginia 10/26/2010
Evidence was sufficient to support finding that appellant was guilty of murder, malicious wounding, and two counts of use of a firearm in commission of a felony where he acted as a principal in the second degree to the crimes committed by his father
2377092 Antonio Quan Diaz v. Commonwealth of Virginia 10/26/2010
Trial court did not err in denying motion to suppress where officer had a reasonable, articulable suspicion upon which to stop appellant; evidence was sufficient to support convictions of robbery, abduction, and malicious wounding
2427092 Lloyd Anthony Thompson v. Commonwealth of Virginia 10/26/2010
Trial court did not err in not granting appellant a continuance or in admitting testimony regarding the photo spread where the photo spread and testimony regarding it did not establish the identity of the perpetrator but only provided a basis for arrest; no error in revocation of suspended sentence based on convictions
2434092 Archie Lavance Simmons v. Commonwealth of Virginia 10/26/2010
Trial court did not err in denying appellant’s motion to suppress evidence or his statements where officers had articulable facts giving rise to reasonable suspicion of criminal activity and evidence showed appellant’s statements were made after a voluntary and knowing waiver of his rights
0258101 Commonwealth of Virginia, Department of Professional, etc. v. Sandra Bryant DeLapp 10/19/2010
Trial court erred in holding appellee’s procedural due process rights were violated as appellee had proper notice in accordance with VAPA that all of her prior criminal activity would be considered in Board’s decision; matter remanded to trial court to reinstate appellant’s decision revoking appellee’s real estate license
1154091 Robert Darnell Cooper v. Commonwealth of Virginia 10/19/2010
Evidence was sufficient to prove appellant acted in concert with others and aided and abetted other shooters by joining in gunfire which killed victim; trial court did not abuse its discretion in refusing appellant’s proffered instruction on concert of action where trial court gave an instruction that adequately stated law
1380092 Laferne Yvette Williams v. Commonwealth of Virginia 10/19/2010
Trial court did not err in refusing to disqualify entire Commonwealth’s Attorney’s Office from prosecuting her case where one of the assistants in office had previously represented her as appellant did not prove a conflict of interest existed; trial court did not err in refusing to strike juror for cause
1699091 Griffin Dominque Elliott v. Commonwealth of Virginia 10/19/2010
Trial court did not err in finding evidence to prove that appellant’s acts, conduct, and statements tended to prove he had knowledge of the presence and character of the cocaine mixed with heroin
2371093 David Eugene Huff v. Commownealth of Virginia 10/19/2010
Appellant’s arguments on appeal that Commonwealth’s explanations for its peremptory strikes were partial and vague were not presented to trial court; contentions barred by Rule 5A:18
2553091 Michael Carnell Perry, a/k/a Michael Cornell Perry v. Commonwealth of Virginia 10/19/2010
Trial court did not err in denying motion to suppress admission of narcotics seized from appellant’s vehicle after alert from drug dog where appellant’s brief detention was based on a reasonable suspicion of criminal activity
2808094 Leah Steo Huston v. John Michael Huston 10/19/2010
Summary affirmance – no error in decree granting legal and physical custody of one of parties’ children to appellee
0029104 T. B. v. Alexandria Department of Human Services 10/12/2010
Appeal dismissed where, given appellant’s argument and the relief she seeks on appeal, appellant is not an aggrieved party within the meaning of Code § 17.1-405
0536091 Kenneth Tyrone McCain v. Commonwealth of Virginia 10/12/2010
No error in appellant’s convictions of forgery and uttering where evidence was sufficient to prove appellant forged the check and placed it into circulation as a valid instrument
0943102 Cheryl A. Moore v. VCU Health System Authority 10/12/2010
Summary affirmance – commission did not err in terminating appellant’s workers’ compensation benefits due to her unreasonable refusal to accept the light-duty work offered by appellee
1123104 Belinda D. Bell v. Best Buy Company, Inc. and Liberty Mutual Fire Insurance Company 10/12/2010
Summary affirmance – commission did not err in finding appellant’s August 31, 1998 claim merged into the commission’s award or, alternatively, waived or abandoned, in finding she was not entitled to permanent partial disability benefits, or in determining that her claims were barred by the statute of limitations
1140104 Judi Malec-DiGioia v. Battelle Memorial Institute and Federal Insurance Company 10/12/2010
Summary affirmance – no error in commission’s finding that appellant failed to prove she injured both of her hips, her left shoulder, and her left elbow in a compensable work accident
1206101 Mark T. Jenkins v. St. Brides Correctional Center/Commonwelath of Virginia 10/12/2010
Summary affirmance – no error in commission’s finding that pinguecula and conjunctivochalasia were not compensable as ordinary diseases of life or occupational diseases
1269104 Kevin Michael Colburn v. E. C. Ernst, Inc. and Hartford Insurance Company of the Midwest 10/12/2010
Summary affirmance – commission did not err in finding appellant failed to adequately market his residual work capacity
0018104 John Roosevelt Thompson v. Commonwealth of Virginia 10/05/2010
Trial court erred in finding evidence sufficient to support finding that the $200 threshold necessary to convict appellant of felony credit card fraud was proven; felony conviction reversed and matter remanded to trial court for new sentencing hearing on misdemeanor conviction
0588104 Joseph Gary Bennett, Jr. v. Commonwealth of Virginia, Department of Social Services, etc. 10/05/2010
Summary affirmance – no error in court’s order deviating from child support guidelines and ordering child support to remain at amount previously ordered
0960103 Larry Lee Bibble v. L.A. Pipeline Construction Company, Inc. et al. 10/05/2010
Summary affirmance – no error in commission’s finding that certain injuries appellant suffered after March 4, 2009 were not causally related to his compensable injury by accident on August 8, 2008
0971104 AAA Recycling & Trash Removal Service, Inc. et al. v. Carlos A. Salazar 10/05/2010
Summary affirmance – no error in commission’s decision that appellee proved he was entitled to temporary total disability benefits from December 5, 2008 through March 20, 2009
0468104 Francis B. Flanagan v. Donna Flanagan 09/28/2010
Summary affirmance – trial court did not err in awarding sole physical and legal custody of parties’ child to appellee
1078101 Eugene Thomas v. Virginia International Terminals and Continental Casualty Company 09/28/2010
Summary affirmance – no error in commission’s finding that appellant’s claim for permanent partial disability benefits was barred by statute of limitations
1186094 Theodore James Shuck v. Commonwealth of Virginia 09/28/2010
Trial court did not err in finding evidence was sufficient to prove appellant had the requisite intent when he made the contract with the buyer; appellant’s argument regarding sufficiency of the certified mail evidence falls outside his question presented
1916091 Joseph Rodgers Outten v. Commonwealth of Virginia 09/28/2010
Trial court did not err in denying appellant’s motion to suppress the evidence against him where facts known to officer at the time of the seizure provided officer with the requisite reasonable suspicion for the seizure of appellant’s person
2461091 Markeice Devon Pearson v. Commonwealth of Virginia 09/28/2010
Trial court did not err in finding evidence sufficient to support conviction of assault and battery on a law enforcement officer where appellant spit in officer’s face out of malice and not to resist his illegal arrest because the act of spitting was not designed to thwart officer’s efforts to complete the arrest
3096081 Rena Suzanne Williams v. Commonwealth of Virginia 09/28/2010
Trial court did not err in denying appellant’s motion to dismiss the robbery conviction where appellant did not meet the condition subsequent to her plea agreement and, thus, any vested interest in the implicit term of the agreement was dissolved and forfeited and the Commonwealth was free to seek a new indictment
0470104 Hans Phillip Olson v. Colleen Catherine Conlon 09/21/2010
Summary affirmance – trial court’s custody and visitation order granting sole custody to appellee and denying appellant contact of any kind with parties’ children affirmed
0759104 Leavon Z. Reeves v. Owen & Sparrow, LLC and Commerce & Industry Insurance Company 09/21/2010
Summary affirmance – no error in commission’s findings that appellant’s change-in-condition claim seeking wage loss benefits was barred by statute of limitations and that he was not entitled to change his treating physician
1006104 Giant Food, LLC and Ahold USA, Inc. v. Joseph Mark Casamento 09/21/2010
Summary affirmance – no error in commission’s findings that appellants failed to prove appellee was released to full duty work and that appellee’s current disability is attributable to his workplace injury and not a motorcycle accident
1250104 Rangeen Albarzanchi v. Fairfax (County of) Board of Supervisors 09/21/2010
Summary affirmance – no error in commission’s decision denying temporary total disability or its finding that a doctor’s medical report did not constitute after-discovered evidence
1677092 Joseph Wayne Garrard v. Commonwealth of Virginia 09/21/2010
Trial court did not err in refusing appellant’s proffered instruction where there was not a scintilla of evidence to support an instruction on self-defense or defense of others
2257094 James Anthony Dennis v. Commonwealth of Virginia 09/21/2010
No reversible error in trial court’s decision to allow testimony from witness where that testimony was merely cumulative and corroborative of other evidence; evidence was sufficient to prove appellant had the requisite larcenous intent at the time he obtained money from the bank
2388091 Carlton Maurice Grimes, Jr. v. Commonwealth of Virginia 09/21/2010
Trial court did not err in finding evidence sufficient to prove appellant exercised dominion and control over the cocaine and gun and that he was aware of their presence and character in the vehicle
2475094 Thomas Kevin Trump v. Vicky Dempsey Trump 09/21/2010
Trial court erred in finding appellant did not make a prima facie case of a material change of circumstances; decision regarding child support and spousal support reversed and remanded to trial court
1882071 Eric Amir Ghameshlouy, s/k/a Eric Amir Ghmaesouly v. City of Virginia Beach 09/14/2010
Upon remand from Supreme Court of Virginia – evidence was insufficient to support finding that motel room was a place open to the public as used in Virginia Beach City code; conviction of failure to provide correct identification to police officer reversed and dismissed
1988092 Jerrod Tyree Quarles v. Commonwealth of Virginia 09/14/2010
Petition for Rehearing En Banc granted
2373094 James Luther Bevel v. Commonwealth of Virginia 09/14/2010
Trial court did not abuse its discretion in finding good cause existed to deny appellant’s motion for abatement ab initio of appellant’s conviction after his death
0664103 Commonwealth of Virginia v. Jeffery Barnett, s/k/a Jeffery Thomas Barnett 09/10/2010
No error in trial court’s finding that there was no emergency that rendered the warrantless entry into appellant’s home reasonable under the Fourth Amendment
0161101 Tina Horner v. Norfolk Department of Human Services 09/07/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children
0941104 Michael Parr Taylor v. Loudoun County Fire & Rescue 09/07/2010
Summary affirmance – no error in commission’s finding that appellant’s hypertension was not an occupational disease or in denying his motion to vacate the deputy commissioner’s opinion
1549092 Michael S. Elliott v. Commonwealth of Virginia 09/07/2010
No error in trial court’s finding that officer had reasonable, articulable suspicion of criminal activity that justified investigatory stop of appellant; admission of blood test results was proper
2252092 Steven Wheeler, s/k/a Steven T. Wheeler v. Commonwealth of Virginia 09/07/2010
No error in trial court’s decision to revoke appellant’s suspended sentence in its entirety for conduct that occurred prior to a previous revocation hearing and was not considered as a basis for revocation at the previous hearing
2602094 Paul David Hughes v. Ruth Hankinson Hughes 09/07/2010
Trial court’s determination of child support arrearages affirmed; trial court’s decisions finding appellant in contempt and refusing to award appellee attorney’s fees reversed
0215104 Jonette A. Kondratenko v. Michael G. Earhart 08/31/2010
Summary affirmance – no error in trial court’s ruling regarding child support
0338103 Ajary Roberts, Sr., Sometimes Known as etc. v. Harrisonburg Rockingham Social Services District 08/31/2010
Trial court did not err in allowing testimony regarding appellant’s children’s relationship with their foster mother as that relationship was part of determination of whether termination of appellant’s parental rights to his children was in their best interest; no error in termination of appellant’s parental rights to his children
0682102 Henrico County Sheriff's Office v. James O. Fitzgerald, IV, Deceased, By Lauri Walker, Executor 08/31/2010
Summary affirmance – no error in commission’s finding regarding communication of occupational disease which triggered commencement of statute of limitation under Code § 65.2-403(A)
0697104 Thomas Mitchell Stroupe v. Campco, Inc. and AIG Casualty Company (AIU Insurance Company) 08/31/2010
Summary affirmance – no error in commission’s decision finding appellant was not qualified to receive permanent total disability benefits
0967101 Jacqueline L. Palmer Mercer v. Support Services of Virginia, Inc. and et al. 08/31/2010
Summary affirmance – no error in commission’s denial of appellant’s November 10, 2008 claim for medical benefits and mileage and her December 5, 2008 claim for wage loss benefits and permanent partial disability benefits
2801091 Donald F. DeLine v. Elizabeth Baker 08/31/2010
Trial court did not err in finding final divorce decree did not divest juvenile court of its jurisdiction to hear matter concerning child support, including contempt and arrearages
0056104 C.J.F. v. W.R.F. 08/24/2010
Trial court did not abuse its discretion in granting the adoption petition absent a formal evidentiary hearing; trial court did not err in finding that the adoption by stepfather was in the child’s best interests; additional argument barred by Rule 5A:18
0057104 C.J.F. v.W.R.F. 08/24/2010
Trial court did not abuse its discretion in granting the adoption petition absent a formal evidentiary hearing; trial court did not err in finding that the adoption by stepfather was in the child’s best interests; additional argument barred by Rule 5A:18
0218101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0219101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0220101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0314102 Paul's Bakery, Inc. and Flagship City Insurance Company v. Charlotte Kay Murphy 08/24/2010
Commission’s award of benefits affirmed as sufficient evidence supports the commission’s findings that appellee’s fall arose out of and during the course of her employment, and that appellee sustained a left shoulder injury
0339103 Melanie Champagne v. Harrisonburg Rockingham Social Services District 08/24/2010
No error in trial court’s order terminating appellant’s parental rights to her two children
1895094 Andrew Bilski v. Christina Bilski 08/24/2010
Summary affirmance - trial court did not abuse its discretion in denying appellant’s motion to withdraw from dispute resolution proceedings and in denying appellant’s motion for equal access to the child’s School Age Child Care account; additional issues raised on appeal waived for failing to comply with Rule 5A:20
0091103 Commonwealth of Virginia v. Detrick Latorre Hairston 08/17/2010
Trial court erred in granting motion to suppress evidence seized from appellant following a traffic stop of the vehicle he was driving where officers had a reasonable, articulable suspicion to stop the vehicle
1051094 Lorena Marisol Escalante v. Commonwealth of Virginia 08/17/2010
Appellant’s challenges to excluded testimony from officers not preserved for appeal where she failed to proffer the expected testimony; challenge to her testimony and testimony of another witness excluded as she failed to list this challenge in her question presented and it is waived under Rule 5A:12(c)
1376092 Marshall Alexander Walker v. Commonwealth of Virginia 08/17/2010
Trial court did not abuse its discretion when it declined to conduct an in camera review of the officer’s field notes, in denying motion for new trial based on juror misconduct where court found it still would not have stricken juror for cause, and in finding evidence sufficient to support convictions of object sexual penetration and forcible sodomy
1465092 Arthur Shannon Sizer v. Commonwealth of Virginia 08/17/2010
Appellant’s contention that his due process rights were violated through admission of officer’s testimony without merit where appellant has presented no evidence of a plea agreement or any agreement with the Commonwealth that would limit its evidence at sentencing
1838091 Steven Scott Mitchell, s/k/a Stephen Scott Mitchell v. Commonwealth of Virginia 08/17/2010
Trial court did not err in denying appellant’s motion to strike abduction with intent to defile conviction where evidence was sufficient to prove appellant’s detention of the victim was not incidental to the sexual assault
2020091 Jeffery Antwan Reid v. Commonwealth of Virginia 08/17/2010
Trial court did not err in finding evidence was sufficient to prove appellant acted with the specific intent to maim, disfigure, disable or kill the victim; convictions of attempted malicious wounding and use of a firearm in the commission of a felony affirmed
2239091 Christian Lamar Sweat v. Commonwealth of Virginia 08/17/2010
No error in trial court’s finding that totality of evidence was sufficient to find appellant had the intent to defraud; conviction of obtaining money by false pretenses affirmed
2616094 Ajai Kumar Sandhir v. Neeta Ahuja-Sandhir, n/k/a Neeta Ahuja 08/17/2010
Summary affirmance – appellant’s arguments pertain to prior hearings and orders already appealed and law of case doctrine applies; appellant never argued that the amount of the attorney’s fees awarded to appellee was unreasonable
0351104 Keisha D. Carr v. Fairfax County Department of Family Services 08/10/2010
Summary affirmance – no error in trial court’s order terminating appellant’s parental rights to her two children and affirming foster care plan with goals of adoption
0352101 Darrell D. Hatton v. Virginia Employment Commission and Norfolk State University 08/10/2010
Summary affirmance – decision of Virginia Employment Commission finding appellant was disqualified from receiving unemployment compensation due to misconduct affirmed where no transcript or statement of facts was properly filed and is indispensable to determination of issues raised
0646102 E. Russell Smoot & Son, et al. v. Steve F. Smith 08/10/2010
Summary affirmance – commission did not err in finding appellee’s injury arose out of his employment and that appellee’s working in a cramped or awkward position unique to his employment contributed to his injury
0683103 Uninsured Employer's Fund v. David Scott Riggs 08/10/2010
Summary affirmance – commission did not err in awarding appellee temporary total disability
0736104 Linda Saifi v. Fairfax County Department of Family Services 08/10/2010
Summary affirmance – trial court did not err in approving foster care plans with goals of adoption for appellant’s grandchildren
0998093 Jimmy Robert Shorter v. Commonwealth of Virginia 08/10/2010
Trial court did not err in finding evidence was sufficient to support finding that appellant was the driver of the vehicle; conviction of driving under the influence affirmed
1515092 David Denoncourt v. Commonwealth of Virginia 08/10/2010
Trial court did not abuse its discretion in allowing victim to testify regarding the repair estimates or in finding value of items taken exceeded $200
1988092 Jerrod Tyree Quarles v. Commonwealth of Virginia 08/10/2010
Trial court did not err in denying appellant’s motion to suppress his statements to police where appellant reinitiated conversation by asserting his desire to talk and officer’s comments were not the functional equivalent of interrogation
2400091 Paula Brown Wynn v. Horace Jerome Wynn 08/10/2010
Trial court did not abuse its discretion in finding appellant committed marital waste when she spent her pension, in valuing appellee’s business, in awarding appellant a portion of appellee’s pension, and in awarding appellee a portion of his attorney’s fees
2712092 Carmella Sharp v. Keith Sharp 08/10/2010
Summary affirmance – no error in trial court’s order dismissing appellant’s petition to re-open the case and affirming the final decree of divorce previously entered
0116104 M. H. v. Virginia Department of Social Services 08/03/2010
Summary affirmance – trial court did not err in affirming administrative hearing officer’s founded disposition of Physical Neglect – Inadequate Supervision – Level Three
0163102 Mhammed Tahiri-Amine, s/k/a Muhammed Tahiri-Amine v. Commonwealth of Virginia 08/03/2010
Trial court did not err in denying appellant’s motion to suppress appellant’s identifying information obtained during his encounter with the police where the encounter was consensual
0649104 Food Lion, LLC and Delhaize America, Inc. v. Gloria Brooks Tkach 08/03/2010
Summary affirmance – no error in commission’s finding that appellee’s ongoing back treatment was causally related to her compensable workplace injury and that benefits were not procured by fraud
1782092 Devainte J. Green v. Commonwealth of Virginia 08/03/2010
Appellant’s arguments regarding sufficiency of evidence to support convictions of grand larceny and malicious wounding barred by Rules 5A:20(e) and 5A:18
1878093 Victor Hairston, Jr. v. Commonwealth of Virginia 08/03/2010
Trial court did not err in convicting appellant of perjury where evidence proved appellant had the intent to testify falsely as his testimony was the polar opposite on two separate occasions
2002091 James Sherman v. Virginia Department of Social Services 08/03/2010
Trial court did not err in upholding administrative hearing officer’s decision sustaining a disposition of founded sexual abuse by the local department
2064094 Debra M. Picciriollo v. William J. Atkins 08/03/2010
Summary affirmance – trial court did not err in granting physical custody of parties’ child to appellee
2411092 William Boyd Swinson v. Commonwealth of Virginia 08/03/2010
Trial court did not err in finding circumstantial evidence was sufficient to prove appellant was the perpetrator to support convictions of statutory burglary, robbery, and use of a firearm in commission of felony
0213102 George T. Hodges v. TCS Materials, Inc. and Florida Rock Industries, Inc. 07/27/2010
Summary affirmance – commission did not err in denying medical benefits and temporary total disability benefits to appellant where he failed to establish a causal connection between workplace injury and treatment he received
0266093 Roger Lee Stevens, s/k/a Roger Lee Stephens v. Commonwealth of Virginia 07/27/2010
Petition for rehearing en banc granted
0398102 Christopher D. Gray v. Coffeewood Correctional Center/Commonwealth of Virginia 07/27/2010
Summary affirmance – no error in commission’s finding that appellant did not meet his burden to prove causal connection between low back injury and his compensable work injury
0490101 Commonwealth of Virginia v. Tyrone O. Johnson, Jr. s/k/a Tyrone Orneall Johnson, Jr. 07/27/2010
Trial court did not err in suppressing evidence where record supports finding that Commonwealth failed to prove either that an exception to the warrant requirement applied or that the good faith exception to the exclusionary rule excused the Fourth Amendment violation
0719092 Anthony Jerry Fields, s/k/a Anthony Jerry Fields, Sr. v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant was violating Code § 46.2-928, justifying detention of appellant for investigative inquiry
0801092 Cabell Riffe Clatterbaugh v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motions for mistrial, in limiting appellant’s cross-examination of the victim, in admitting a telephone conversation between appellant and another recorded at the jail, and in allowing the Commonwealth to impeach its witness when she gave testimony adverse to the Commonwealth’s case
0802102 Velma Shante Chambers Ayers v. Buckingham County Department of Social Services 07/27/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0861091 Samuel A. Ervin v. Commonwealth of Virginia 07/27/2010
Petition for rehearing en banc granted
1125091 Andre Pernel Acklin, s/k/a Andre Pernel Acklin, Jr. v. Commonwealth of Virginia 07/27/2010
Trial court did not err in finding evidence was sufficient to prove appellant was in constructive possession of cocaine found in the apartment
1594094 Marie Camara Tokora-Mansary v. County of Stafford 07/27/2010
Evidence was insufficient to support conviction under county code of refusing to provide identifying information to a law enforcement officer where evidence did not prove she presented a danger to the public at the time the information was requested; conviction reversed
1845092 Justin T. Schoening v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion for new trial based on letter of recantation from the Commonwealth’s witness where evidence supports trial court’s finding that witness’ new testimony was not credible and failed to prove the fourth prong of the after-discovered evidence test
1982091 Jeremy David Dowdell v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion to suppress where police had probable cause to search appellant and heroin found in his pockets was properly admitted
1984091 Nikita Terell Brown v. Commonwealth of Virginia 07/27/2010
No error in trial court’s finding that evidence was sufficient to prove an agreement between appellant and two others and that the value of the merchandise concealed by appellant and her cohorts exceeded $200 threshold; convictions of grand larceny and conspiracy to commit grand larceny affirmed
2147092 Mychila Debra Tabron v. Commonwealth of Virginia 07/27/2010
Evidence was insufficient to support appellant’s conviction of obstruction of justice where she did not actually prevent officer from performing his duties as a law enforcement officer; conviction reversed
2187093 Terry McKinley Washington v. Commonwealth of Virginia 07/27/2010
Trial court did not err in finding evidence was sufficient to prove appellant’s failure to appear for a preliminary hearing was willful
0030104 Hazem E. Soliman v. Jessica Lynn Soliman 07/20/2010
Trial court did not err in considering appellee’s motion to reconsider without first entering an order incorporating its findings and rulings announced at a prior hearing
0486101 Arriba Corporation, etc. v. Charles Vernon Hamilton 07/20/2010
Summary affirmance – commission did not err in finding appellee cooperated with vocation rehabilitation offered to him; award of benefits affirmed
1494091 Kevin Marshall Davis v. Commonwealth of Virginia 07/20/2010
Trial court’s denial of appellant’s motion to suppress affirmed as the officer had probable cause to arrest appellant; Rule 5A:18 bars appellant’s argument that his rights under the Fifth Amendment were violated
1671094 Samuel C. Asinugo v. Commonwealth of Virginia 07/20/2010
Evidence was sufficient for a rational fact finder to conclude appellant was guilty of forging a public record where he forged a fingerprint card with intent to defraud; any error concerning admission of witness’ general habit testimony harmless
2052092 Carlton L. Davis v. Commonwealth of Virginia 07/20/2010
Appellant’s conviction of construction fraud reversed where evidence was insufficient to support a finding that appellant obtained the advance of funds from the victim with fraudulent intent
2119091 Shawn L. Haley, s/k/a Shawn Lamont Haley v. Commonwealth of Virginia 07/20/2010
Evidence was sufficient to prove beyond a reasonable doubt that appellant knew the check was forged; convictions of forgery, uttering a forged check, grand larceny and attempting to obtain money by false pretenses affirmed
2171093 David Elwood McNeal, Sr. v. Commonwealth of Virginia 07/20/2010
Evidence presented to trial court was insufficient to support conviction of failure to return rental property within ten days of expiration of rental agreement; conviction reversed
2630092 Joseph College v. Prince Edward County Department of Social Services 07/20/2010
Summary affirmance – trial court did not err in finding it was in child’s best interests to remain in appellee’s custody and in affirming the entrustment agreement
2631092 Joseph College v. Prince Edward County Department of Social Services 07/20/2010
Summary affirmance – trial court did not err in approving the foster care plan where evidence was sufficient to prove, by a preponderance of the evidence, that child was abused and neglected
2909083 Robert Edward Woody v. County of Amherst 07/20/2010
Appeal dismissed where we lack jurisdiction to consider the appeal where order appealed from was entered to correct a clerical error and was not a final appealable order
0048092 William Bowles v. Commonwealth of Virginia 07/13/2010
Trial court did not err in finding evidence sufficient to support appellant’s convictions, in denying appellant’s motion for a mistrial, in giving the jury an instruction on flight, or in denying motion to suppress evidence from shed where searches were within scope of consent given by appellant’s wife
1291094 Darren Nathaniel Davis v. Commonwealth of Virginia 07/13/2010
Trial court did not err in finding Commonwealth established sufficient foundation to admit an audio recording of appellant’s telephone call from detention center or in finding evidence proved appellant constructively possessed firearm
1754091 Codie Dominique Graves v. Commonwealth of Virginia 07/13/2010
Trial court did not err in denying motion to suppress where appellant stepped out of vehicle on his own accord after agreeing to search or in finding evidence was sufficient to prove appellant possessed cocaine with intent to distribute
2094093 Frank Karban v. Universal Fiber Systems, LLC and et al. 07/13/2010
Commission did not err in reversing credibility determination of deputy commissioner or in finding appellant failed to prove a compensable injury by accident
0444092 Edgar Cuevas-Rosales v. Commonwealth of Virginia 07/06/2010
Trial court abused its discretion in denying appellant’s motion to withdraw his previous waiver of jury trial and in denying his request for a jury trial; convictions reversed and case remanded to trial court for a new trial
1732092 Eugene Smith Thompson v. Commonwealth of Virginia 07/06/2010
Trial court did not err in finding the evidence sufficient to prove appellant drove or operated the vehicle in which the police found him; appellant’s conviction of operating a motor vehicle while under the influence of alcohol, a second or subsequent offense, is affirmed
1787093 Richard Lee Keen v. Commonwealth of Virginia 07/06/2010
Trial court’s probation revocation order revoking appellant’s suspended sentences on the 1991 convictions is affirmed; trial court’s revocation of appellant’s suspended sentences on the 1999 convictions is reversed as the trial court lacked the authority to revoke appellant’s suspended sentences under Code § 19.2-306(A), and the probation revocation proceeding in that regard is dismissed
2379094 Anna G. Gianaris v. John P. Gianaris 07/06/2010
Trial court’s decision dismissing with prejudice wife’s motion for judgment for past due spousal support is affirmed as res judicata bars wife’s present claim on the parties’ property settlement agreement
2785092 Ana B. Jamison v. Howard Gold Jamison 07/06/2010
No error in trial court’s suspension of husband’s spousal support obligation as the record supports the trial court’s finding of a material change of circumstances
0015103 Joan L. Knowles v. Southside Community Action and AIG Casualty (American Home Assurance Company) 06/29/2010
Summary affirmance – appellant’s issues raised on appeal waived for failing to comply with Rule 5A:20
0420094 Richard A. Gleason v. Commonwealth of Virginia 06/29/2010
No error in trial court’s finding appellant failed to give the Commonwealth notice as required by the rape shield statute; trial court did not err in denying appellant’s motion for a continuance; additional arguments barred by Rule 5A:18; convictions affirmed
1936093 Barry Lewis Evans v. Tracie Annette Donnelly Evans 06/29/2010
Summary affirmance – trial court did not err in making any determination of reasonableness in light of husband’s specific objections to the guardian ad litem’s bill; trial court did not abuse its discretion in ordering that husband be responsible for eighty percent of the guardian ad litem’s bill; additional arguments barred by Rule 5A:18
2378091 Gwaltney of Smithfield, Ltd. and Ace American Insurance Company v. Tony Peele 06/29/2010
Commission erred in concluding the statute of limitations did not bar claimant’s claim; award of benefits reversed
2707093 Shelia Delaine Hamilton, a/k/a, etc. v. City of Roanoke Department of Social Services 06/29/2010
Trial court did not err in finding clear and convincing evidence supported the termination of appellant’s parental rights to her child and that the termination was in the child’s best interests
2713091 Sabine Scholer Savedge v. Gilliam E. Barbour 06/29/2010
Summary affirmance – trial court’s ruling denying appellant’s request for equitable distribution of appellee’s military retirement summarily affirmed
2807094 Commonwealth of Virginia Department of Social Services v. Mario Velasquez-Flores 06/29/2010
Circuit court erred in concluding appellee’s confession was not reliable and that the agency hearing officer’s decision was not supported by substantial evidence in the record; judgment reversed and case remanded
0266093 Roger Lee Stevens, s/k/a Roger Lee Stephens v. Commonwealth of Virginia 06/22/2010
Trial court erred in denying appellant’s motion to suppress his confession where appellant had invoked his Fifth Amendment right to counsel
0791093 Larry Daniel Walker, Jr. v. Commonwealth of Virginia 06/22/2010
Trial court did not err in considering a conviction under the Danville City Code as a prior offense under Code § 46.2-357 to enhance appellant’s habitual offender conviction to a felony
0861091 Samuel A. Ervin v. Commonwealth of Virginia 06/22/2010
Appellant’s conviction of possession with intent to distribute marijuana reversed and dismissed where evidence was not sufficient to prove appellant was aware of the presence and character of the marijuana in the locked glove compartment of the vehicle he was driving, but did not own
0952094 Elisha Alexander Parker, Sr. v. Commonwealth of Virginia 06/22/2010
Appellant's convictions of failing to report a hit?and?run accident as a passenger and unauthorized use of a vehicle affirmed where specific arguments made barred by Rule 5A:18
1155091 Andre Cortez Gaddie v. Commonwealth of Virginia 06/22/2010
No error in appellant’s convictions of felony murder and lynching by mob of one victim where two offenses had dissimilar elements; appellant has shown no prejudice to support his assertions that prosecutor violated disclosure obligations under Brady or the pretrial discovery order
1447091 Ladaris Britt v. Commonwealth of Virginia 06/22/2010
Trial court did not violate hearsay rule when it admitted the VIN database information for the purpose of explaining officer’s actions; evidence was sufficient to support conviction of grand larceny
1759091 Tyrel Marquis Dorrough v. Commonwealth of Virginia 06/22/2010
Trial court did not err in denying appellant’s motion to suppress where police officers had probable cause to search appellant’s vehicle after observing what they believed to be contraband on the floorboard
2436093 William Scott Ingram v. Commonwealth of Virginia 06/22/2010
Appeal dismissed as moot where the final order authorizing medical and psychological treatment against appellant’s will expired during the pendency of the appeal
2661093 James Amos Andrew Gardner v. Washington County Department of Social Services 06/22/2010
Trial court did not err in terminating appellant’s parental rights to his children or in terminating appellant’s rights before the Department investigated the paternal grandmother as possible placement where trial court had before it sufficient evidence to evaluate the grandmother as an alternative placement
2662093 Kimberly Nelson s/k/a Kimberly Fleming v. Washington County Department of Social Services 06/22/2010
Trial court did not err in terminating appellant’s parental rights to her children where appellant had not substantially remedied conditions that led to removal and termination was in children’s best interests
1054094 Ramin Seddiq v. Commonwealth of Virginia 06/15/2010
Trial court erred in denying appellant’s motion to strike the abduction charge where the unlawful detention of the victim was incidental to the assault offense for which he was also convicted; conviction reversed and indictment dismissed
1282091 Randor Lee Uzzle, Sr. v. Commonwealth of Virginia 06/15/2010
No error in appellant’s conviction of possession of a concealed weapon by a felon where the razor appellant was convicted of possessing is one of the specifically enumerated items in Code § 18.2-308(A)
1572093 Jose Castro Sanchez v. Commonwealth of Virginia 06/15/2010
Trial court did not err in denying motion to suppress cocaine seized from appellant’s person where officer had reasonable suspicion to stop appellant’s vehicle
2455094 Gerardo Jesus Ortega v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2456094 Gerardo Jesus Ortega v. Farifax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2457094 Gerardo Jesus Ortega v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2458094 Gerardo Jesus Ortego v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
0090101 Commonwealth of Virginia v. Kelsey Erin Helvenston 06/14/2010
Trial court erred in suppressing statements appellee made up to the point where she invoked her right to counsel as police officers had probable cause to arrest her at the time they took her belongings
0136102 United Parcel Service, Inc. and Liberty Insurance Corporation v. April R. White 06/08/2010
Summary affirmance – commission did not err in rejecting appellants’ application to terminate appellee’s benefits
0155092 Michael Kipling Cook v. Teresa Jane Cross 06/08/2010
Trial court erred in finding appellant prevented appellee from being eligible to complete a like-kind exchange from the proceeds of the sale of the parties’ rental property and in finding appellee was entitled to damages resulting from her failure to qualify for the exchange; its award of attorney’s fees to appellee remanded to trial court for reconsideration
0383091 Joshua Barrett Shapiro v. City of Virginia Beach 06/08/2010
Appellant’s conviction of disturbing the peace affirmed where his vagueness challenge fails because he lacks standing as the challenged ordinance specifically applies to his conduct and the ordinance was not in any way vague as applied to him
0821091 Rod Freeman Hobbs v. Anthony Conyers, Commissioner, Virginia Department of Social Services 06/08/2010
Decision of Court affirmed upon rehearing en banc
0857094 Garland Lee Foster v. Commonwealth of Virginia 06/08/2010
Appellant’s arguments as to whether trial court erred in precluding him from cross-examining his girlfriend about phone calls she placed to him to show bias barred by Rule 5A:18
1115093 Chrisopther Jerry Evans v. Commonwealth of Virginia 06/08/2010
Trial court did not err in denying appellant’s motion to suppress evidence of a holstered handgun found on appellant’s person because the private security guards who seized the evidence were not state actors
1477093 Kimberly F. Neice v. Commonwealth of Virginia 06/08/2010
Appellant’s convictions of indecent exposure reversed and dismissed where evidence was not sufficient to prove appellant exposed herself in an obscene manner
1624094 Andy Lewis Ralston, s/k/a Andrew Lewis Ralston v. Commonwealth of Virginia 06/08/2010
Trial court did not err in revoking appellant’s previously suspended sentence where appellant conceded he violated an express term of probation; appellant’s arguments regarding the sanction imposed by his probation officer and that the pending charges occurred after the probation period expired barred by Rule 5A:18
2139094 Rochester Cable and Insurance Company of the State of Pennsylvania v. Melissa Ann Carpenter 06/08/2010
No error in commission’s award of temporary total disability benefits to appellee where evidence proved she reasonably refused the selective employment offered by appellants and that she adequately marketed her residual work capacity
2706093 Trans Tech Auto, Inc. and Peninsula Insurance Company v. Steven Todd Landes 06/08/2010
Commission erred in awarding appellee partial disability benefits where it failed to make a determination as to whether funds appellee received from his trucking business were wages or profit and if those funds would reduce his entitlement to workers’ compensation benefits
0186091 Quinton S. Hill v. Commonwealth of Virginia 06/01/2010
Trial court erred in finding evidence was sufficient to support conviction of maliciously shooting into an occupied vehicle where evidence proved appellant acted in justifiable self-defense; conviction reversed and dismissed
1247092 Eddie Lee Horne, Jr. v. Commonwealth of Virginia 06/01/2010
No error in jury’s finding that appellant intentionally and consciously possessed the rock of crack cocaine found in his pants pocket; trial court did not err in revoking appellant’s previously suspended sentence based on this new conviction
1669092 Susan J. Buniva v. Brian L. Buniva 06/01/2010
Trial court did not abuse its discretion in refusing to reopen evidentiary hearing record to permit appellant to offer expert testimony regarding expected tax consequences of the requested spousal support award or in failing to take judicial notice of federal and state tax tables and rates; award of spousal support affirmed
2296094 Julia E. Souter v. County of Warren 06/01/2010
Summary affirmance – as transcript or statement of facts is indispensable to determination of questions presented on appeal, judgment affirmed without opinion as to whether error exists in the record
2481094 Gino V. Jackson v. Patricia Anne Jackson 06/01/2010
Summary affirmance – trial court’s order finding appellant in contempt of the final decree and ordering him to pay appellee $13,000 in arrears for her share of appellant’s military retired pay affirmed
2587093 Shawn McCauley v. Jessica Hoover 06/01/2010
Trial court did not abuse its discretion in denying appellant’s motion for transportation to a hearing regarding visitation with his two minor children where it reviewed appellant’s proffer outlining the nature of his testimony and determined appellant’s guardian ad litem was capable of adequately addressing appellant’s concerns at trial
2588093 Shawn McCauley v. Jessica Hoover 06/01/2010
Trial court did not abuse its discretion in denying appellant’s motion for transportation to a hearing regarding visitation with his two minor children where it reviewed appellant’s proffer outlining the nature of his testimony and determined appellant’s guardian ad litem was capable of adequately addressing appellant’s concerns at trial
0133092 James Dominic Tillery v. Commonwealth of Virginia 05/25/2010
Appellant’s argument regarding whether trial court erred in admitting victim impact statements and testimony regarding a charge of involuntary manslaughter that was dismissed barred by Rule 5A:18 where appellant did not object to the statements at the time they were tendered as an exhibit
1212092 Timothy Arnold Berry v. Commonwealth of Virginia 05/25/2010
Trial court did not abuse its discretion in admitting a surveillance video into evidence; appellant’s arguments regarding admission of opinion testimony and value of item stolen barred by Rule 5A:18
2988082 Tawana Simmons Terry v. Commonwealth of Virginia 05/25/2010
Appellant’s argument regarding the trial court’s admission of evidence of her prior bad acts barred by Rule 5A:18; trial court did not err in finding evidence sufficient to support convictions of two counts of distribution of cocaine
0043103 Volvo Trucks of North America, Inc. and Liberty Insurance Corporation v. Channon Melissa Maycock 05/18/2010
Summary affirmance – no error in commission’s finding that appellee provided sufficient medical evidence to prove she suffered from an occupational disease and was entitled to compensation
0047101 United Parcel Service, Inc. and Liberty Insurance Corporation v. Michael Roger Masterson 05/18/2010
Summary affirmance – commission did not err in finding appellee experienced a change in circumstances requiring commission to terminate award of temporary total disability benefits for one injury and establish an award of temporary total disability benefits for another workplace injury
0436091 Mathias Stephon Newby v. Commonwealth of Virginia 05/18/2010
Trial court did not err in finding evidence was sufficient to prove appellant entered the dwelling of another with intent to commit larceny where appellant was still in the apartment when discovered and his testimony was found unworthy of belief by the trial court
0545093 Diairion Marqui Davis v. Commonwealth of Virginia 05/18/2010
Trial court did not err in refusing to accept appellant’s self-defense argument where evidence proved undisputed fact that police had probable cause to arrest appellant for public intoxication and were acting properly when they arrested him and he had no legal justification for head butting a police officer carrying out his official duties
1201091 Jason Daniel Byrum v. Commonwealth of Virginia 05/18/2010
Trial court erred in finding Commonwealth proved value of jackhammer appellant failed to return after renting was at least $200 where the only evidence of its value presented was its original purchase price and replacement cost; remanded to trial court for trial on a charge of petit larceny
1274091 Alan Rashad Gholston v. Commonwealth of Virginia 05/18/2010
Trial court did not err in denying motion to suppress where police had probable cause to believe appellant possessed and intended to distribute marijuana; no error in jury’s finding that appellant constructively possessed firearm found under his seat; counsel conceded issue regarding whether appellant had intent to distribute marijuana
1385093 Charla Denora Wooding v. Commonwealth of Virginia 05/18/2010
Trial court did not err in admitting forgery affidavits without the affiant present where trial court determined the affidavits were prepared in course of bank business, not to prove a past fact in a subsequent criminal proceeding, and were not testimonial; evidence sufficient to support convictions of forgery and uttering
1903093 Robert Brian Stephenson v. Donna Lynn Musgrave 05/18/2010
Appellant lost his right of appeal with respect to equitable distribution and attorneys’ fees issues where he voluntarily paid those awards, appeal of those issues dismissed; trial court erred in failing to reserve appellant the right to seek spousal support in future
2008092 James Alton Tucker v. Darlene Wilmoth-Tucker 05/18/2010
Issues in final decree regarding equitable distribution reversed and remanded to trial court; award of retroactive spousal support to appellee reversed and remanded to determine proper start date; no error in decisions requiring payment to appellee within 30 days of entry of decree and in requiring appellant to prepare deed to transfer property at his expense
2733083 Tamessa Twanna Martin v. Commonwealth of Virginia 05/18/2010
Trial court did not err in refusing appellant’s jury instruction on distribution as an accommodation where evidence proved the sale was still a commercial transaction and appellant did not meet her burden of showing more than a scintilla of evidence to support instruction
0162092 Rodney Lee Rodis v. Commonwealth of Virginia 05/11/2010
Appellant’s convictions of ten counts of embezzlement not barred by Code § 19.2-294 where the acts involved in embezzling the funds were not the same as the acts involved in his convictions of laundering money and engaging in mail fraud that were the result of federal guilty pleas
0893092 John Calvin Torian v. Commonwealth of Virginia 05/11/2010
No error in trial court’s finding that evidence was sufficient to support conviction of possession of firearm by a convicted felon where appellant failed to satisfy the requirements of his affirmative defense of good faith reliance on information he claims to have been given by a probation officer
1077093 Clifton Morris Price, Jr. v. Commonwealth of Virginia 05/11/2010
Trial court did not err in denying appellant’s motion to suppress evidence recovered from his pants and jacket pockets where police had probable cause to believe appellant possessed marijuana and conducted a lawful search incident to arrest
1369092 Joseph L. Parrish, Jr. s/k/a Joseph Lee Parrish, Jr. v. Commonwealth of Virginia 05/11/2010
Trial court did not err in denying appellant’s motion to set aside the verdict based on sufficiency grounds where appellant requested the lesser-included jury instructions on involuntary manslaughter and assault and battery, of which the jury convicted him, and trial court also found evidence sufficient to support those convictions
1521092 Calvin Renaldo Trimmer, s/k/a Calvin Renaldo Trimmer, Jr. v. Commonwealth of Virginia 05/11/2010
Trial court did not err in finding circumstantial evidence was sufficient to prove appellant possessed the cocaine with the intent to distribute
1670093 Jayne Herrel v. Timothy J. Herrel 05/11/2010
Trial court did not err in dismissing appellant’s motion for costs, motion for sanctions, and motion for an order to show cause against her ex-husband’s attorney where the attorney was no longer the attorney of record and was not a proper defendant to appellant’s motions
1978083 Stephen Jermaine Wimbush v. Commonwealth of Virginia 05/11/2010
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where appellant did not object to the request for a continuance and registered no objection to his attorney’s acquiescence to the request and did not oppose his attorney’s representation that he needed more time to prepare for trial
2038092 William F. Maywalt v. Commonwealth of Virginia, Board for Contractors 05/11/2010
Rule 5A:18 bars appellant’s arguments on appeal where nothing in the record shows what objections or arguments were before the trial court at the time of its ruling affirming appellee’s decision and record does not show it had notice of objections filed after entry of the final order or that it had opportunity to rule on those objections
2096091 Anthony Leon Hicks v. Commonwealth of Virginia 05/11/2010
Issue of whether trial court erred by admitting two text messages sent from appellant’s cell phone barred by Rule 5A:18; evidence was sufficient to prove appellant was aware of the presence and character of the cocaine and marijuana found in console of vehicle appellant was driving
2401092 Venezia Transport Service, Inc. and et al. v. Harold A. Liming 05/11/2010
No error in commission’s award to appellee based on permanent, partial disability for total loss of vision in this left eye as result of workplace injury
2769083 Jimmy Franklin Moran, Jr. v. Commonwealth of Virginia 05/11/2010
Trial court did not err in finding evidence sufficient to support convictions of forcible sodomy and attempted aggravated sexual battery where victim’s testimony was not inherently incredible as a matter of law
2776082 Shaun Barbour, Sr. v. Doris Graves 05/11/2010
No error in trial court’s finding that appellee was a party with a legitimate interest; trial court erred in finding appellant voluntarily relinquished his rights to his child; matter remanded to trial court for reconsideration of parental presumption and best interest of child determinations
0223093 Kyle Duane Stullenberg, s/k/a Kyle Duane Stellenburg v. Commonwealth of Virginia 05/04/2010
Trial court did not err in finding evidence sufficient to support convictions of attempted first-degree murder and use of a firearm where evidence proved appellant had specific intent to kill
0329091 Donald Kenneth Brown, Jr. v. Commonwealth of Virginia 05/04/2010
No error in appellant’s conviction or sentence under Code § 46.2-301(C) where trial court reopened the record for the purpose of receiving DMV transcript and did not consider evidence outside the evidentiary record
0450093 Tracie Dowell Nininger v. Commonwealth of Virginia 05/04/2010
Trial court did not err in finding evidence sufficient to prove conviction of aggravated involuntary manslaughter where it could conclude appellant’s intoxication caused the accident and the victim’s subsequent death and that her failure to maintain a proper lookout combined with intoxication was gross, wanton and culpable conduct
0489094 Juan Natael Romero-Diaz, s/k/a Juan Natel Romero-Diaz v. Commonwealth of Virginia 05/04/2010
Trial court did not err in admitting tape recording of telephone conversation between appellant and his mother that was not provided pursuant to discovery order where appellant did not specifically indicate to trial court how he was prejudiced by the failure to disclose statement and trial court did not abuse its discretion in fashioning a remedy
0519093 Jeffrey Scott Dupree v. Commonwealth of Virginia 05/04/2010
No error in trial court’s finding evidence sufficient to prove appellant’s conduct was so gross, wanton and culpable as to show a reckless disregard for human life and created a great risk of injury to others and that any alleged negligence on the part of others cannot be considered an independent intervening act that severed the causal connection between negligence and victim’s death
1185094 Nelson Rafael Melendez v. Commonwealth of Virginia 05/04/2010
No error in trial court’s finding that evidence was sufficient to prove appellant gave officer false information
1271094 Andrew Nambum Lee v. Commonwealth of Virginia 05/04/2010
Trial court did not err in finding evidence was sufficient to support convictions of forgery and uttering where appellant falsified form for the purpose of manipulating his employer into narrowing scope of his employment duties and limiting tasks assigned to him at his full-duty pay
1935092 Boar's Head Provisions Company, Inc. et al. v. Gregory Demetrius Daughtry 05/04/2010
Appeal dismissed where ruling appealed from was not a final order and did not adjudicate the principles of the cause
2143094 Cheryl S. Joseph v. Binoy George 05/04/2010
Summary affirmance – as appellant failed to comply with Rule 5A:20 in her brief, her arguments are waived and Court will not consider merits of case
2313094 Gary D. McDougall v. Janet E. McDougall 05/04/2010
Summary affirmance – no error in trial court’s modification of visitation schedule
2759091 Commonwealth of Virginia v. John M. Daley 05/04/2010
Trial court erred in granting motion to suppress evidence obtained from traffic stop where officer had right to stop vehicle that had a cracked windshield to investigate further
0522094 Gregory Allen Harrington v. Commonwealth of Virginia 04/27/2010
Trial court erred in convicting appellant of summary contempt for events that occurred outside open court and some of which took place outside the judge’s presence
0915093 Shahee Ali Akbar v. Commonwealth of Virginia 04/27/2010
Trial court did not err in imposing a term of post-release supervision under Code § 19.2-295.2 as the trial court retains the ability to assess punishment and the Virginia Parole Board, an executive agency, simply gives clear standards for conduct upon release and does not usurp the judicial function of assessing punishment
1553094 Robert E. Olsen v. Barbara E. MacKay 04/27/2010
No error in trial court’s equitable distribution award where appellee met her burden of tracing settlement proceeds into appellant’s separate account, properly classified earnest money and down payment contributions, and properly relied on the factors enunciated in Code § 20-107.3(E)
1911094 David B. Briggman v. Commonwealth of Virginia, Department of Social Services, etc. 04/27/2010
Appeal of order holding appellant in contempt for violating a child support order dismissed as moot where appellant paid all of the child support arrears and the child is now emancipated
2319092 Heartland Hospice Manor Care, Inc. and Broadspire Services, Inc. v. Carolyn Patton 04/27/2010
No error in commission’s award of medical expenses to appellee for medical treatment received after March 27, 2007 as that treatment was causally related to her compensable work injury
2394094 Stephen Dan Trimble v. Paula Shaki Trimble 04/27/2010
Trial court properly overruled appellant’s demurrer where appellee’s complaint presented a controversy justiciable under declaratory judgment statutes; trial court erroneously construed a particular provision of the parties’ property settlement agreement
2439091 Michael Lloyd Harrison v. Deborah Kay Garrett Harrison 04/27/2010
Summary affirmance – no error in final decree awarding spousal support and attorney’s fees to appellee
2641093 Garry Mullins v. Garry Mullins and Granite State Insurance Company 04/27/2010
Summary affirmance – no error in commission’s finding that appellant failed to provide timely notice of workplace injury to insurer and that such failure prejudiced the insurer
2805094 Barbara Jean Smith Plauger v. Shenandoah Motors, Inc. and VADA Group Self-Insurance Association 04/27/2010
Summary affirmance – no error in commission’s finding that employer would have offered appellant light-duty work if appellant had not been terminated for cause
3054081 Brenda Denise Muhammad v. Commonwealth of Virginia 04/27/2010
Trial court did not err in denying appellant’s motion to suppress evidence obtained incident to her arrest where officer did not violate appellant’s Fourth Amendment rights because the encounter was consensual
3064082 Darlow Monta Young v. Commonwealth of Virginia 04/27/2010
Trial court did not err in finding evidence was sufficient to support appellant’s convictions of robbery and burglary
0631094 Mary C. Schuman v. Daniel Schuman 04/20/2010
Judgment of trial court incorporating a premarital agreement into an order and ruling on equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings
0697092 Rontel Taylor, s/k/a Rontal Taylor v. Commonwealth of Virginia 04/20/2010
No error in trial court’s finding that witness’ testimony was credible and finding that evidence was sufficient to support convictions of shooting into occupied dwelling and conspiracy to shoot into occupied dwelling
1053094 Diane Spreadbury v. Peter E. Spreadbury 04/20/2010
No error in trial court’s final decree of divorce regarding equitable distribution, granting and imposing a sanctions order that prohibited appellant from presenting evidence at trial, granting appellee’s motion in limine, refusing to award spousal support to her, and awarding appellee attorney’s fees
1259094 Mary C. Schuman v. Daniel Schuman 04/20/2010
Judgment of trial court incorporating a premarital agreement into an order and ruling on equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings
1260094 Mary C. Schuman v. Daniel Schuman 04/20/2010
Judgment of trial court incorporating a premarital agreement into an order and ruling on equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings
2506091 Kathleen Capenos Barrett v. David J. Kantz 04/20/2010
Trial court did not err in refusing to make child support payments retroactive to date appellant filed motion for modification or in failing to order appellee to pay for orthodontic treatment for one of parties’ children; trial court erred in its calculation of amount appellee must pay for orthodontic treatment for the other child
2175094 Komal Zaidi Mustafa v. Shahid S. Mustafa 04/13/2010
Summary affirmance – trial court did not err in finding that there was sufficient evidence to prove the grounds for annulment based on fraud by clear and convincing evidence
2271091 Commonwealth of Virginia v. Jeermaine S. Epps 04/13/2010
Trial court erred in granting motion to suppress appellee’s statements where appellee’s invocation of his right to counsel was not a clear, unambiguous, and unequivocal request for counsel
2277094 Kimberly Adkins v. Winchester Department of Social Services 04/13/2010
Summary affirmance – trial court did not err in finding clear and convincing evidence supported the termination of appellant’s parental rights to her child and that the termination was in the child’s best interest
2310091 Dawn Davis, f/k/a Dawn D. Belcher v. Patrick L. Belcher 04/13/2010
Summary affirmance – trial court did not abuse its discretion in awarding physical custody of the child to father; trial court did not place undue weight on the custody evaluator’s updated report; appellant’s issue regarding trial court’s procedure for closing arguments barred by Rule 5A:18
2502093 Denny Willis Clevinger, Sr. v. Creative Glass and Mirror, Inc. and Cincinnati Casualty Company 04/13/2010
Summary affirmance – no error in commission’s finding that claimant failed to prove his injuries were causally related to a workplace accident and that claimant’s testimony before the commission was incredible
2619094 Gelila Wossene v. Landmark Tower Service Center, Inc. and American Home Assurance Company 04/13/2010
Summary affirmance – no error in commission’s finding that the deputy commissioner correctly determined that appellant failed to establish a compensible injury by accident arising out of and in the course of her employment
2624091 Colas, Inc. and Liberty Mutual Insurance Company v. Anthony Williams Riddick 04/13/2010
Summary affirmance – commission did not err in finding that the evidence was sufficient to conclude appellee made reasonable efforts to market his residual work capacity
0685091 Nathaniel Bowe, Jr. v. Commonwealth of Virginia 04/06/2010
Trial court did not err in denying appellant’s motion to suppress drugs recovered from his person where his arrest for trespassing was supported by probable cause and deputies would have inevitably discovered the drugs even without the unwarned statement that the trial court did suppress
1003093 Lane Matthew Stegall, s/k/a Lane Stegall, Jr. v. Commonwealth of Virginia 04/06/2010
Trial court did not err in finding evidence sufficient to support conviction for statutory burglary where appellant entered the house with the intent to steal
1290094 Eric Michael Jimenez-Calcano v. Commonwealth of Virginia 04/06/2010
Trial court did not err in finding evidence sufficient to prove appellant touched the officer with the intent to inflict bodily injury upon the officer and the touching was not accidental
1779084 Matthew David Detzler v. Commonwealth of Virginia 04/06/2010
Trial court did not err in allowing Commonwealth to introduce evidence of prior bad acts where evidence had legitimate probative value; trial court did not abuse its discretion in refusing to allow appellant to present expert testimony where nothing demonstrated topics were beyond knowledge of average juror
1853094 Scott P. Cragg v. Lynda E. Cragg 04/06/2010
Summary affirmance – appellant failed to comply with Rules 5A:25 and 5A:20 and Court will not consider the issues raised on appeal as that failure is significant
2114084 Alexander R. Mervin-Frazier v. Commonwealth of Virginia 04/06/2010
Trial court did not err in denying appellant’s motion to suppress on ground that his will was overborne by the continuing interrogation after he displayed signs of medical distress; trial court erred in denying motion to suppress statements appellant made after invocation of his right to remain silent
0084092 Moses Thomas, Jr. v. Commonwealth of Virginia 03/30/2010
Trial court did not err in denying motion to suppress cocaine where while officer did not have probable cause to arrest for public intoxication, officer had probable cause to arrest appellant for obstruction of justice and subsequent search did not offend protections of Fourth Amendment
0737094 Wayne O. Leake v. Susan J. Taylor 03/30/2010
No error in final decree of divorce terminating marriage of parties; trial court did not err in refusing appellant’s request for attorney’s fees
0765091 Vincent Edward Battin v. Commonwealth of Virginia 03/30/2010
Trial court did not err in denying motion to suppress statement to officers where appellant had his rights read to him and waived his rights and reinitiated contact with the officers against the advice of counsel; evidence sufficient to support conviction of robbery
1481094 Ali Afghahi v. Neda Ghafoorian 03/30/2010
No error in trial court’s finding that gold coins were due and payable to appellee under premarital agreement
1482094 Kmart Management Corporation/Sears Holdings Management Corp. et al. v. Thomas John Zelones 03/30/2010
No error in commission’s findings that appellee’s log of job leads was admissible, that appellee marketed his residual work capacity, and that appellee was entitled to temporary total disability benefits
1580094 Thomas John Zelones v. Kmart Management Corporation/Sears Holdings Management Corp. et al. 03/30/2010
No error in commission’s findings that appellant did not adequately market his residual work capacity for a specific period of time and that appellant’s left foot condition was not a compensable consequence of the workplace injury
2112094 Home-Kim Group, Inc., et al. v. Nelson Acuna, Milton Raul Gonzalez, Uninsured Employer's Fund 03/30/2010
Summary affirmance – no error in commission’s finding that Home-Kim was appellee Acuna’s statutory employer at the time he was injured or that insurer received timely notice of the claim for benefits
2165094 Coffeewood Correctional Center/Commonwealth of Virginia v. William F. Henderson 03/30/2010
Commission did not err when it refused to bar appellee’s claim for permanent partial disability benefits for his left leg based on res judicata, collateral estoppel, or abandonment
2429092 Chemed Corporation T/A Roto Rooter et al. v. Lonnie Lynn Borrell 03/30/2010
No error in commission’s finding that appellee did not unjustifiably refuse an offer of light-duty employment and that appellee made a reasonable effort to market his residual work capacity
2585094 Franconia International Shell and Southern Fire and Casualty Company v. Tariq Mahmood Alam 03/30/2010
Summary affirmance – no error in commission’s finding that appellee was entitled to benefits and that appellee established that his disability was causally related to his workplace injury
2990083 Marvin L. Mosby v. Commonwealth of Virginia 03/30/2010
Trial court did not err in allowing the Commonwealth to amend the statutory provision at the foot of the indictment as appellant was not prejudiced in the preparation of his defense and the amendment did not affect the nature or character of the offense charged
3103082 Robert Marshall Parrish v. Commonwealth of Virginia 03/30/2010
Evidence was insufficient to prove appellant obtained an advance with fraudulent intent; conviction of construction fraud reversed and dismissed
0026092 Tavoris Marquise Courtney v. Commonwealth of Virginia 03/23/2010
Trial court did not err in finding evidence sufficient to prove beyond reasonable doubt that appellant possessed a firearm during commission of robbery
0137091 Heather Dawn Jennings v. Commonwealth of Virginia 03/23/2010
Trial court did not err in revoking appellant’s suspended sentences without first finding appellant signed the probation officer’s terms and conditions form where appellant forfeited her conditional freedom by committing new criminal offenses
0485092 Joshua Tyree Murphy v. Commonwealth of Virginia 03/23/2010
Trial court did not err in finding evidence sufficient to prove appellant possessed cocaine and heroin with intent to distribute or in allowing witness to testify as an expert in gang culture during sentencing phase of trial; appellant suffered no undue prejudice from admission of statements regarding prior bad acts, and sentences imposed were within statutory ranges
0753093 Ralph Eugene Taylor v. Commonwealth of Virginia 03/23/2010
Trial court did not err in denying appellant’s proposed instructions of self-defense and duress
0799093 Timothy Holley v. Commonwealth of Virginia 03/23/2010
Trial court did not err in authorizing appellant’s treatment pursuant to Code § 37.2-1101 where trial court applied appropriate legal principles and found recommended treatment would not violate appellant’s basic values
0950092 Marcus Gardener Blanks v. Commonwealth of Virginia 03/23/2010
Trial court did not err in denying motion to suppress appellant’s statements where appellant was not deprived of his freedom of movement such that he was in custody at the time of his interview with the police
1887092 Charles Rudolph Johnson, Jr. v. Carolyn Ingram Johnson 03/23/2010
Summary affirmance – trial court did not err in refusing to terminate appellant’s spousal support award to appellee
1896091 Dominion Virginia Power and Dominion Resources, Inc. v. Virginia Whitney Greene 03/23/2010
No error in commission’s award of temporary total disability benefits based on a change in condition to a previously determined compensable injury
2004091 Virginia Electric & Power Company and Dominion Resources Inc. v. Linda D. Earley 03/23/2010
Commission did not err in awarding medical expenses to appellee where bills at issue were causally related to appellee’s work injury or in designating appellee’s doctors as her new treating physicians and ordering appellants to pay necessary medical expenses therefrom
2310081 Melvin Demorris Marshall v. Commonwealth of Virginia 03/23/2010
Trial court did not abuse its discretion in denying appellant’s motion for continuance where counsel provided too weak a basis for believing he could ever timely secure presence of missing witness and case had been continued several times before
2468083 Roland McKinley Christian, III v. Commonwealth of Virginia 03/23/2010
Trial court did not err in denying motion to suppress where appellant never identified any evidence he sought to exclude from trial
2985082 Jerome Wright v. Commonwealth of Virginia 03/23/2010
Trial court did not abuse its discretion in admitting evidence of victim’s statements under state-of-mind exception to hearsay rule as probative of appellant’s mental state and trial court stated it only considered the statements under that exception
0269091 Jose Ramon Aispuro v. Commonwealth of Virginia 03/16/2010
Appellant’s sentence based on his guilty plea to felony child neglect affirmed where record does not show an abuse of discretion by trial court
0838091 Donna Lynn Taylor v. Commonwealth of Virginia 03/16/2010
Trial court did not err in considering appellant’s prior California DUI conviction, in refusing to dismiss charge for officer’s failure to obtain a blood test, and in finding evidence sufficient to support conviction of driving under the influence
0923092 Tom A. Broadhead, Jr. v. Anne E. Broadhead 03/16/2010
Trial court did not err in its award of child support to appellee or in awarding attorney’s fees to appellee and denying appellant’s request for attorney’s fees
1097092 Anne E. Broadhead v. Tom A. Broadhead, Jr. 03/16/2010
Trial court’s award of child support to appellant affirmed except insofar as it pertains to appellee’s concession that trial court should have ordered unreimbursed medical/dental expenses should be divided proportionately rather than equally; remanded to trial court solely to correct that error
1187093 Douglas Gordon Myatt v. Commonwealth of Virginia 03/16/2010
Appellant’s conviction of credit card fraud reversed and dismissed where trial court necessarily determined that an essential element of the fraud charge had not been proven when it acquitted appellant of credit card theft
1225081 Stuart Katz, s/k/a Stuart Harris Katz v. Commonwealth of Virginia 03/16/2010
Trial court did not err in denying appellant’s motion to dismiss charges for Commonwealth’s failure to provide exculpatory information where it found information at issue was not exculpatory
1318081 Stephen Andrew Adderley v. Commonwealth of Virginia 03/16/2010
Trial court did not err in denying appellant’s motion to suppress his incriminating statements where those statements were not the product of police interrogation or its functional equivalent, thus appellant’s Miranda rights were not implicated
1630094 Hitt Construction and Zurich American Insurance Company v. Richard John Edward Pratt, Jr. 03/16/2010
No error in commission’s award of permanent partial disability benefits to appellee where evidence proved appellee’s permanent disability is same injury that he sought benefits for in original claim which was timely filed and evidence presented was that workplace injury aggravated his pre-existing, latent carpal tunnel syndrome
1649094 Kathie S. Obst v. Henry T. Obst 03/16/2010
Summary affirmance – appellant’s issues raised on appeal waived for failing to comply with Rules 5A:20 and 5A:18
2473094 AMS Staff Leasing and Companion Property et al. v. Luis E. Escobar 03/16/2010
Summary affirmance – no error in commission’s finding that appellee proved his injury arose out of his employment
0220091 Kimathy J. Branch v. Commonwealth of Virginia 03/09/2010
Trial court erred in convicting appellant of grand larceny where Commonwealth’s evidence was insufficient to prove value of stolen goods was $200 or more; remanded to trial court for new sentencing hearing on conviction of petit larceny
0531091 Levar Donnie Richardson v. Commonwealth of Virginia 03/09/2010
Evidence was sufficient to prove appellant knew the checks he possessed were forged and he had the requisite intent to defraud
0938091 Johnny Earl Arrington v. Commonwealth of Virginia 03/09/2010
No error in trial court’s finding that evidence was sufficient to prove house appellant broke and entered was affixed to realty
1871093 Mark O'Hara Wright v. Harrisonburg Rockingham Social Services District 03/09/2010
Summary affirmance – trial court did not err in concluding it was in appellant’s children’s best interest to terminate his parental rights to his children
1900094 Brenda Dodson v. Fairfax County Department of Family Services 03/09/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where she was unable to remedy problems that led children to foster care and appellee provided reasonable and appropriate services
1956092 Commonwealth of Virginia v. William Jefferson Mason 03/09/2010
No error in trial court’s order granting motion to suppress where officer did not have enough information to give him reasonable suspicion for the stop
2595081 Brian Alan Thor v. Commonwealth of Virginia 03/09/2010
Trial court erred in denying appellant’s motion to suppress drugs obtained from his person where officers lacked probable cause to arrest appellant; argument whether appellant had a right to resist an illegal arrest waived
0340094 J. Michael Sharman, Esquire, Guardian Ad Litem for the Minor Child v. Miriam R. Diaz-Mendes et al. 03/02/2010
Trial court’s refusal to terminate mother’s parental rights to her child affirmed where DSS failed to prove by clear and convincing evidence either of the subsections of Code § 16.1-283(C) necessary to terminate her parental rights
0341094 J. Michael Sharman, Esquire, Guardian Ad Litem for the Minor Child v. Miriam R. Diaz-Mendes et al. 03/02/2010
Trial court’s refusal to terminate mother’s parental rights to her child affirmed where DSS failed to prove by clear and convincing evidence either of the subsections of Code § 16.1-283(C) necessary to terminate her parental rights
0342094 J. Michael Sharman, Esquire, Guardian Ad Litem for the Minor Child v. Miriam R. Diaz-Mendes et al. 03/02/2010
Trial court’s refusal to terminate mother’s parental rights to her child affirmed where DSS failed to prove by clear and convincing evidence either of the subsections of Code § 16.1-283(C) necessary to terminate her parental rights
0821091 Rod Freeman Hobbs v. Anthony Conyers, Commissioner, Virginia Department of Social Services 03/02/2010
Petition for Rehearing En Banc granted
0906092 Michael Bassey Akpan v. Commonwealth of Virginia 03/02/2010
Evidence adduced at trial was only sufficient to prove a single criminal act on appellant’s part as four successive attempts to withdraw money from single frozen account had no intervening events sufficient to break single and continuing act of larceny
1697084 Dolores Davis v. County of Fairfax 03/02/2010
Upon Rehearing En Banc-Court adopts reasoning in Part 1A of panel opinion on nonsuit issue; stay of mandate lifted and judgment of trial court affirmed
1919092 Kenneth Winn, Sr. v. Chesterfield County Department of Social Services 03/02/2010
Summary affirmance – no error in trial court’s finding evidence was clear and convincing that appellee provided reasonable and appropriate services to appellant under the circumstances, that appellant failed to maintain contact with children, and that appellant was unable or unwilling to remedy substantially conditions leading to placement in foster care
2188081 Antonio Mason v. Commonwealth of Virginia 03/02/2010
Trial court erred in finding evidence was sufficient to prove appellant constructively possessed cocaine found in one of the apartments for which police had obtained search warrant
2498082 Samuel Aaron Brabson v. Commonwealth of Virginia 03/02/2010
Trial court did not err in finding evidence was sufficient to support appellant’s convictions of one count of larceny by false pretenses and one count of attempted larceny by false pretenses
0024092 Michael Johnson, s/k/a Michael Craig Johnson, Jr. v. Commonwealth of Virginia 02/23/2010
Appellant’s conviction of possession of marijuana with intent to distribute affirmed where appellant waived his argument that the evidence was seized in violation of the Fourth Amendment and trial court did not err in finding evidence sufficient to support conviction
0317092 Melvin Nathaniel Hatcher v. Commonwealth of Virginia 02/23/2010
Appellant’s conviction of grand larceny affirmed where testimony of victim was sufficient to prove beyond reasonable doubt that value of stolen pressure washer was at least $200
0500091 Alfred Leroy Marshall v. Commonwealth of Virginia 02/23/2010
Appellant’s sentence for possession of a firearm by a felon affirmed where initial failure to recognize correct sentencing parameters did not affect final sentence imposed after trial court ruled on appellant’s motion to reconsider sentence
0705094 Lisa Miller v. Janet Jenkins 02/23/2010
Law of the case doctrine controls in this case and requires this Court to affirm trial court’s order requiring registration and enforcement of November 7, 2008 Vermont order directing visitation with the child
0830092 Joseph James Butor, II v. Commonwealth of Virginia 02/23/2010
No error in trial court’s finding that appellant used victim’s vehicle after she had revoked her consent; conviction of unauthorized use of a vehicle affirmed
0924092 Auto Wholesale Distributors, Inc. v. Donald G. Stotts 02/23/2010
Commission did not err in finding evidence sufficient to prove appellee is totally, not partially, disabled and is not required to market his residual work capacity in order to receive temporary total disability benefits
0980094 American Trucking Association, Inc. and Chubb Indemnity Insurance Company v. Marianne R. Stallings 02/23/2010
No error in commission’s finding that appellee was injured on employer’s extended premises and its award of medical benefits as a result of workplace injury affirmed
1266092 Kathy W. Disher v. Dinwiddie County Department of Social Services 02/23/2010
Trial court did not err in finding evidence was sufficient to prove appellant has been unable to make substantial progress toward elimination of conditions which led to or required continuation of child’s placement in foster care; termination of appellant’s parental rights to her child affirmed
1564091 U.S. Airways, Inc. and New Hampshire Insurance Company v. Pamela D. Taite-Pressey 02/23/2010
Commission’s award of temporary total disability benefits to appellee affirmed where commission expressly rejected the fit-for-duty opinion of the treating physician and the credibility finding of the deputy commissioner; award involves questions of fact outside the scope of our appellate review
1664093 Mohammed Amin Serdah v. Judy Williams Serdah 02/23/2010
Trial court did not abuse its discretion in finding evidence was insufficient to establish contemptuous conduct and sustained appellee’s motion to strike
1680091 Dwain Alexander, II v. Monique Allen 02/23/2010
Trial court’s custody and visitation order reversed and matter remanded to trial court where trial court did not communicate basis of its ruling to parties as required by Code § 20-124.3
2132092 Mary Elizabeth Garnder v. Spotsylvania (County of) School Board, et. al. 02/23/2010
Summary affirmance – no error in commission’s finding that appellant’s treatment with Dr. Young was not authorized and not the responsibility of appellees
2554081 John K. Goffigan, III v. Commonwealth of Virginia 02/23/2010
Appellant’s convictions affirmed where any error regarding whether trial court erred in permitting prosecutor to impeach a witness with an improper question is harmless
2564082 Robert Robertson, Jr., s/k/a Robert Winston Robertson, Jr. v. Commonwealth of Virginia 02/23/2010
Appellant’s issue regarding sufficiency of evidence to support sexual battery conviction barred by Rule 5A:18; evidence sufficient to support conviction of taking indecent liberties with a minor under Code § 18.2-370(A)(1) which proscribes person from exposing his genitals to another with lascivious intent
1644094 Florinda Perez v. Fairfax County Department of Family Services 02/16/2010
Summary affirmance – trial court did not err in finding appellee presented clear and convincing evidence that termination of appellant’s parental rights to her son was in child’s best interest
2196093 Susan J. Poole v. Virginia Employment Commission and Target Corporation 02/16/2010
Summary affirmance – trial court did not err in affirming decision of Virginia Employment Commission denying unemployment benefits
2301094 Moore Brothers Company, Inc., et at. v. Jesse Daniel Wolfe 02/16/2010
Summary affirmance – commission did not err in concluding appellee sustained a permanent total impairment and was entitled to lifetime disability benefits, relying upon expert testimony that appellee could not obtain a job in competitive job market; finding that appellee was unable to use his arms in any gainful employment, and rejecting consultant’s testimony
0140092 J. Michael Sharman, etc. v. Catherine P. Gillepsie and Andre Hakes 02/09/2010
Trial court did not err in holding that the juvenile and domestic relations district court’s nonsuit order was not a final order pursuant to Code § 16.1-296 and thus it lacked subject matter jurisdiction over the case
0496094 Keith Rendell Colbert v. Commonwealth of Virginia 02/09/2010
Trial court did not err in concluding that appellant was aware of the cocaine residue on the scale and that it was subject to his dominion and control
0767094 Kirkland L. Hicks v. Erica Smith-Ingram, f/k/a Erica Smith-Hicks 02/09/2010
Summary affirmance – issues regarding child support order precluded by Rule 5A:18 where parties did not preserve their issues for appeal
0872092 Sears Roebuck & Company, et al. v. William Larry Cruse 02/09/2010
Commission erred in refusing appellants’ request for an evidentiary hearing on statute of limitations issues; matter remanded to commission for evidentiary hearing on the statute of limitations and any tolling or estoppel provisions that may apply
1269094 Land N Sea Distributing, Inc. and Zurich American Insurance Company v. John A. DeHaven 02/09/2010
No error in commission’s finding that appellee’s work-related should injury was a contributing factor to his disability and, applying the two causes rule, that appellee was totally disabled and entitled to temporary total disability benefits
1901081 Lothario Swiggett v. Commonwealth of Virginia 02/09/2010
Trial court did not err in finding evidence sufficient to prove appellant committed larceny of the string trimmer and that the value of the string trimmer was at least $200
2224093 Anthony Eden v. Community Systems, Inc. and Delos Insurance 02/09/2010
Summary affirmance – no error in commission’s finding that appellant’s injury did not arise out of an actual risk of his employment, to which the general public is not exposed
2521081 Jermaine Levon Lyons v. Commonwealth of Virginia 02/09/2010
Trial court did not err in concluding that, based on these facts, appellant’s failure to re-register with the sex offender registry was intentional
2845082 Joshua Tyree Murphy v. Commonwealth of Virginia 02/09/2010
Trial court did not err in denying appellant’s motion to suppress evidence of cocaine discovered during a search of appellant’s person where the police had probable cause to arrest appellant for trespassing and the search of appellant’s person was incident to that arrest
0055091 Deonne Lamonn Boone v. Commonwealth of Virginia 02/02/2010
No error in trial court’s denial of appellant’s motion to suppress statement made to jail personnel where statement was not elicited by Commonwealth in its case-in-chief but mentioned for first time during cross-examination of witness by defense counsel
0571091 Worth Wilson, III v. Commonwealth of Virginia 02/02/2010
No error in trial court’s finding that appellant possessed the cocaine found under his seat in the car and that appellant possessed the cocaine and firearm simultaneously
0976092 Josephine Lee v. Southside Virginia Training Center 02/02/2010
Trial court did not err in affirming hearing officer’s termination of appellant where there is a distinction between the results of a polygraph test and voluntary statements made by a person being tested; nothing suggests that the witness’ testimony in grievance hearing was ever basis for a perjury prosecution or conviction
1539091 Clyde A. Holmes v. Amy Holmes 02/02/2010
Summary affirmance – no error in trial court’s final decree of divorce ordering appellant to pay spousal support and attorney’s fees and ordering that appellee receive survivor benefits; issues regarding date of separation, which affected division of appellant’s military retirement, and whether appellee responsible for student loan not considered for failure to comply with Rule 5A:20(e)
1783094 Vincent M. Amberly v. Judith N. Amberly 02/02/2010
Summary affirmance – no error in trial court’s order denying appellant’s motion to reduce or terminate his spousal support obligation
2102084 David Nelson v. Commonwealth of Virginia 02/02/2010
Trial court did not abuse its discretion in denying appellant’s motion to bifurcate guilt phase of appellant’s trial; evidence was sufficient to convict appellant of operating motor vehicle while intoxicated, fourth offense in ten years; appellant failed to properly present issue of whether Code § 18.2-266 is unconstitutional
2267093 Jefferds Corporation, et al. v. Lawrence G. Nelson 02/02/2010
Summary affirmance – no error in commission’s finding that appellee provided a reasonable excuse for failing to provide timely notice of industrial accident
2910084 Monzer R. Chorbaji v. Marva D. Simpson 02/02/2010
Summary affirmance – trial court’s final order regarding custody, visitation, child support, grounds for divorce, equitable distribution, and attorney’s fees affirmed
0409092 Diane P. Howard v. Rickard K. Howard 01/26/2010
Error in trial court’s order clarifying that divorce decree’s spousal support provision was inclusive of sums appellee was required to pay under the terms of the parties’ marital agreements
0821091 Rod Freeman Hobbs v. Anthony Conyers, Commissioner Virginia Department of Social Services 01/26/2010
Trial court erred in holding that the failure of the local agency investigator to tape record two interviews with the victim, in violation of 22 VAC 40-705-80(B)(1), was harmless error; disposition of Founded-Sexual Abuse-Level 1 reversed
1241092 William Jurdan Davis, Jr. v. Martha Fern Atkinson Davis 01/26/2010
Trial court did not err in awarding divorce to appellee on ground of adultery, finding appellant committed marital waste, classifying property, making a proper equitable distribution award, awarding spousal support, and awarding appellee partial attorney’s fees
1455084 Ahmed Izzeldon Osman v. Commonwealth of Virginia 01/26/2010
Issue of whether trial court erred by admitting evidence concerning a conversation appellant had with an undercover police officer procedurally defaulted under Rule 5A:18 where appellant failed to object to the admission of the testimony at the time it was offered and failed to present the argument he makes on appeal to the trial court
1587094 Bernard L. Dinicola, Jr. v. Target Corporation 01/26/2010
Summary affirmance – no error in commission’s finding that appellant failed to establish that the nine percent permanent partial disability of his right upper extremity was causally related to his workplace injury
2926082 John Wade Dyer v. Commonwealth of Virginia 01/26/2010
Appellant’s conviction of construction fraud reversed where evidence was insufficient to prove appellant had the intent to defraud the victims when he requested and received the money
2931081 Tony Jermaine Walker v. Commonwealth of Virginia 01/26/2010
Appellant was not denied his right of confrontation when trial court admitted the NADA “blue book” as it is a repository of information complied for uses other than in litigation and is not accusatory; evidence sufficient to prove value of vehicle was over $200
2987082 Diane P. Howard v. Richard K. Howard 01/26/2010
Trial court erred in finding spousal support award was inclusive of sums appellant was required to pay under the terms of the marital agreements and in including in final decree provision that there was no order for health care coverage for appellant; trial court did not err in imputing income to appellant
3073081 Ricky G. Davis, s/k/a Ricky Glendall Davis v. Commonwealth of Virginia 01/26/2010
Trial court did not err in finding evidence was sufficient to prove beyond a reasonable doubt that appellant possessed .25 caliber ammunition cartridges with knowledge of their explosive character
0770092 Jonathan Wayne Brown v. Commonwealth of Virginia 01/19/2010
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of obstruction of justice where appellant pulling his arm from officer constituted active resistance against a police officer
1886083 Terry Lynn Sullivan v. Commonwealth of Virginia 01/19/2010
No error in trial court’s finding that evidence was sufficient to prove appellant failed to provide an animal necessary emergency veterinary treatment in violation of former Code § 3.1-796.122(A)(ii)
2104092 Matthew L. Wooten v. Intermet Foundry and Liberty Mutual Fire Insurance Company 01/19/2010
Summary affirmance – no error in commission’s findings regarding appellant’s claim for arthrofibrosis
2672084 Gregory Bryce Tanner v. Commonwealth of Virginia 01/19/2010
No error in appellant’s conviction of grand larceny where the evidence proved appellant acted under a single intent when committing two thefts and the single larceny doctrine was properly employed to combine the value of the thefts which exceeded the threshold for grand larceny
2697082 Cody Jarrell Robinson v. Commonwealth of Virginia 01/19/2010
No error in trial court’s finding that evidence was sufficient to prove appellant’s knowledge of the nature and character of the ecstasy he possessed with the intent to distribute
0247092 Paul Renfro Harbison, Jr. v. Junko Ezure Harbison 01/12/2010
Summary affirmance – no error in trial court’s ruling which declared appellant’s marriage to appellee void ab initio and awarded appellee attorney’s fees and costs
0469094 Diane Grant-Boesen v. Virginia Employment Commission and Trust Building Services, Inc. 01/12/2010
Summary affirmance – trial court did not err in affirming a decision of the Virginia Employment Commission disqualifying appellant from unemployment benefits due to misconduct
0487092 Elvon Amon Kelley v. Commonwealth of Virginia 01/12/2010
Trial court did not err in finding evidence was sufficient to prove appellant committed two counts of unlawful wounding where natural and probable consequence of striking victims’ vehicle was an accident causing death or injury
0734092 Kevin Ray Mitchem v. Commonwealth of Virginia 01/12/2010
Rule 5A:18 bars appellant’s argument that Code § 46.2-384 is unconstitutional; trial court did not err in finding evidence sufficient to convict appellant of driving under the influence, third or subsequent offense within a ten-year period
1139092 Markesh Monique Bennett v. Commonwealth of Virginia 01/12/2010
Trial court did not err in convicting appellant of obstruction of justice and felony assault on a law enforcement officer where trial court had ample grounds to reject appellant’s argument that she was legally justified to commit the offenses
1371081 Eugene Boone, IV v. Commonwealth of Virginia 01/12/2010
No error in trial court’s finding that evidence was sufficient to prove appellant possessed explosive material after having been convicted of felony where appellant knowingly and intentionally possessed a handgun magazine clip with six rounds of ammunition containing smokeless gunpowder
1391093 Outreach Construction and Southern Insurance Company of Virginia v. Raymond J. Peterson 01/12/2010
No error in commission’s finding that appellee sustained a compensable injury by accident to his neck that materially aggravated a pre-existing injury requiring surgery; commission did not err in finding that appellee suffered a compensable injury to his left wrist and that his doctors were authorized treating physicians for that injury
2126082 Rashid Amir Mustafa v. Commonwealth of Virginia 01/12/2010
Trial court did not err in denying appellant’s motion to suppress because reasonable articulable suspicion justified any seizure and appellant voluntarily consented to the search of his vehicle
2143081 Seth A. Bailey v. Nettie L. Bailey 01/12/2010
Appellant’s issue regarding whether trial court erred in dismissing as untimely his motion to designate as waste a second mortgage barred by Rule 5A:18
2433081 Patrick Joseph Fitzgerald v. Commonwealth of Virginia 01/12/2010
No error in trial court’s finding that the Commonwealth proved the requisite statutory amount of the value of the stolen property
2936082 Stephen L. Nelson, s/k/a Stephen Leonard Nelson v. Commonwealth of Virginia 01/12/2010
Trial court did not abuse its discretion in refusing to permit appellant to cross-examine a prosecution witness concerning an unrelated robbery indictment in another jurisdiction where the purported connection between that charge and his testimony was too tenuous to permit an inference of witness bias or motive to fabricate
2952082 Jason Patillo, s/k/a Jason L. Patillo v. Commonwealth of Virginia 01/12/2010
Trial court did not err in denying appellant’s motion for mistrial where appellant’s rights were not so indelibly prejudiced by prosecutor’s question as to necessitate a new trial; appellant did not raise at trial the specific argument he makes on appeal regarding the trial court’s refusal of his requested jury instruction
2958082 Daryl Lamar Roberts v. Commonwealth of Virginia 01/12/2010
No error in appellant’s conviction of rape where evidence was sufficient to find appellant engaged in sexual intercourse with victim while victim was mentally incapacitated or physically helpless
1168082 Thomas H. Reynolds, III v. Commonwealth of Virginia 12/29/2009
No error in trial court’s finding that appellant knowingly and intentionally possessed the shotgun as a convicted felon
1678094 Findlay Fine Jewelry Corporation and Federal Insurance Company v. Hanadi Asfour 12/29/2009
Summary affirmance – no error in commission’s decision that appellee made a reasonable effort to market her residual work capacity and was entitled to temporary total disability benefits
2079081 Eric D. Ward v. Commonwealth of Virginia 12/29/2009
Trial court did not err in denying appellant’s motion to suppress the cocaine and his subsequent confession where his Fourth Amendment rights were not violated as the police had a reasonable, articulable suspicion to believe appellant was engaged in criminal activity
2494084 Marie Camara Tokora-Mansary, s/k/a Marie C. Tokora-Mansaray v. Commonwealth of Virginia 12/29/2009
Trial court erred in refusing appellant’s request for a jury trial where nothing in the trial court record indicates that appellant had waived her right to a jury trial; convictions of obstruction of justice and disorderly conduct reversed and remanded for retrial
2810084 Phillip S. Griffin, II v. Kathryn O. Griffin 12/29/2009
Trial court’s decision with regard to equitable distribution and spousal support reversed and remanded to trial court for redetermination; decision with regard to custody of parties’ children, granting divorce on ground of adultery, and award of attorney’s fees to appellee affirmed
0001092 Shaquilla Shanell Brown v. Commonwealth of Virginia 12/22/2009
Evidence was sufficient to support appellant's convictions of abduction for pecuniary gain and use of a firearm during that abduction where testimony of the Commonwealth's witnesses was not inherently incredible; additional issues raised by appellant barred by Rules 5:12(c), 5A:18 and 5A:20(e)
0204094 Javan Fox v. Commonwealth of Virginia 12/22/2009
Trial court did not abuse its discretion in refusing appellant's proposed instruction regarding the statutory definition of a law enforcement officer or in finding that Metro Transit Police officers are law enforcement officers for purposes of Code § 18.2-57(C)
0215093 Aushad Laque Seward, s/k/a Ashaad Laque Seward v. Commonwealth of Virginia 12/22/2009
Trial court did not err in finding evidence was sufficient to prove appellant possessed a firearm where the components he possessed constituted a firearm under the meaning of the statutes and there was no break in the chain of custody of the components found in appellant's vehicle and the revolver test fired by the officer
0745094 Fairfax County Department of Public Works et al v. C. Ray Davenport, Commissioner, et al 12/22/2009
Trial court did not err in affirming agency decision that space in question was a permit-required space, that there was substantial evidence proving employer knowledge, and that violation of citation 2, item 4b was willful; additional arguments barred by Rule 5A:18
0771092 David Clinton Green v. Commonwealth of Virginia 12/22/2009
Appellant's conviction of possession of concealed weapon by a convicted felon reversed where knife appellant possessed did not meet the definition of a weapon under the statute
1406092 Henry M. Snead v. Virginia Employment Commission and Jaunt, Inc. 12/22/2009
Summary affirmance - trial court did not err in affirming agency's determination that appellant failed to file a timely appeal to the deputy's determination that appellant's misconduct disqualified him from benefits
1551092 Jonathan Seward v. Mecklenburg County Department of Social Services 12/22/2009
Trial court did not err in finding that appellee made reasonable efforts to investigate appropriate relative placement for appellant's children prior to ordering the termination of appellant's parental rights
1930092 Robert S. Argabright, II v. Mary R. Argabright 12/22/2009
Summary affirmance - trial court did not err in denying appellant's motion to terminate or reduce his spousal support
1934092 Brian E. Walton v. Henrico (County of) Division of Fire 12/22/2009
Summary affirmance - no error in commission's decision denying appellant temporary total disability benefits where he failed to market his residual work capacity
1957081 Edward J. Garabedian v. Commowealth of Virginia 12/22/2009
Appellant's conviction of possession of concealed weapon by a convicted felon reversed where knife appellant possessed did not meet the definition of a weapon under the statute
2011082 Oscar Robert Lemen v. Commonwealth of Virginia 12/22/2009
Trial court did not err in allowing the Commonwealth to introduce evidence of uncharged misconduct to prove he committed the charged crimes where the victim's testimony fell within the exception allowing evidence of prior bad acts to show the conduct and feeling of the accused toward the victim
2029082 Daniel Paul Bennett v. Commonwealth of Virginia 12/22/2009
No error in trial court's finding that evidence was sufficient to support conviction where appellant's agitated state and aggressive behavior toward the officer coupled with his intent to intimidate or impede constituted the offense of misdemeanor obstruction of justice
2599082 Sammy C. Lawson, Jr., s/k/a Sammy Conley Lawson, Jr. v. Commonwealth of Virginia 12/22/2009
No error in appellant's conviction of grand larceny where evidence was sufficient to prove the value of the items stolen was $200 or more
0426092 Tanisha Kelly v. Hopewell Department of Social Services 12/15/2009
Trial court did not err in finding evidence was sufficient to terminate appellant's parental rights to her children or in finding that one of appellant's children was not of the age of discretion under Code § 16.1-283(G)
0511094 Charles Williams v. Annalisa Williams 12/15/2009
Summary affirmance - Court finds that as appellant failed to appear at oral argument and failed to respond to Court's show cause order, his failure to prosecute amounts to an abandonment of his appeal
0613093 Donald Lee Smith, Jr. v. Commonwealth of Virginia 12/15/2009
As appellant's notice of appeal of the juvenile court's revocation of his suspended sentence was timely, trial court erred in quashing his appeal; remanded to trial court for further proceedings
1418093 David Paul Jones v. William C. Bennett and Andrea Bennett 12/15/2009
Summary affirmance - no error in trial court's finding that adoption was in child's best interest and granting petition for adoption filed by grandparents
1472092 Sheri L. Talley v. David A. Connelly 12/15/2009
Summary affirmance - appellant's failure to comply with Rules 5A:20(c), (d), and (e) is significant and Court finds issues are waived
1511083 Fairleigh David Small, s/k/a Farleigh David Small v. Commonwealth of Virginia 12/15/2009
Appellant's conviction of attempted malicious wounding reversed where evidence was insufficient to establish a specific malicious intent to maim, disfigure, disable or kill and insufficient to establish the overt act necessary to prove an attempted malicious wounding
1596092 Gilbert C. Martin Company, Inc., et. al. v. Louis Cameron Phillingane 12/15/2009
Summary affirmance - no error in commission's finding that appellee's non-compensable injury was a compensable consequence of work-related injury, that ongoing temporary total disability benefits were appropriate, and that appellee had no duty to market his residual work capacity
1887083 Tony Lee Myers v. Commonwealth of Virginia 12/15/2009
No error in trial court's finding that evidence was sufficient to establish that appellant violated conditions of his probation and revoking appellant's suspended sentences
2005081 Marcus K. Potts v. Commonwealth of Virginia 12/15/2009
Trial court erred in denying appellant's motion to suppress his statements regarding heroin found in the apartment where appellant was detained in violation of his Fourth Amendment rights
2159081 Kenneth Frank Creamer v. Commonwealth of Virginia 12/15/2009
Trial court did not err in denying appellant's motion for disclosure where it reviewed material in camera and determined material was not exculpatory or in denying appellant's motion for a new trial based on materials court determined were not exculpatory
2297081 Rudloph Brown, Jr. v. Commonwealth of Virginia 12/15/2009
Evidence was sufficient to prove appellant was aware of presence, nature, and character of cocaine and exercised dominion and control over it
2631082 Emonnie O. Crichlow v. Commonwealth of Virginia 12/15/2009
Trial court did not err in convicting appellant of two counts of robbery where appellant intimidated each employee and obtained money through agency of intimidation; trial court did not err in rejecting alibi evidence
2948083 Darrell Ray Ferrell v. Commonwealth of Virginia 12/15/2009
Trial court did not err in denying appellant's motion to suppress where it found marijuana gave officer articulable suspicion that criminal acts were afoot and officer had right to approach appellant and detain him to talk about marijuana officer found
0634091 Kevin Christopher Knott v. Virginia Beach Mariners, Inc. and Uninsured Employer's Fund 12/08/2009
Commission's finding that the Fund was not liable for medical treatment appellant received for his neck and right shoulder is not support by credible evidence; remanded to commission
0882093 The Goodyear Tire and Rubber Company and Liberty Insurance Corporation v. Joanne Walker Harris 12/08/2009
As commission's decision regarding whether appellee marketed her residual work capacity was secondary to decision finding appellee's carpal tunnel syndrome was a noncompensable ordinary disease of life and had no effect on outcome of case, appellants are not an 'aggrieved' party and appeal is dismissed
0883093 Joanne Walker Harris v. The Goodyear Tire and Rubber Company and Liberty Insurance Corporation 12/08/2009
No error in commission's finding that appellant's carpal tunnel syndrome was not caused by her employment
1109091 Mark H. Barr v. Terri Colby Barr 12/08/2009
Summary affirmance - no error in trial court's interpretation of parties' settlement agreement
1304091 Steven Lawler v. City of Newport News Department of Human Services 12/08/2009
Trial court did not err in approving foster care plan and denying appellant's request for visitation with his child
1334092 Geoffrey Williams v. Virginia Employment Commission and Richmond City Public Schools 12/08/2009
Summary affirmance - trial court did not err in affirming VEC's decision that appellant was disqualified for unemployment compensation due to misconduct
1343094 Mario Buchanan v. Whitney Vukmanic 12/08/2009
Trial court did not err in denying appellant's petitions for genetic testing and visitation
1884082 Jeffrey Scott Carrowiano v. Commonwealth of Virginia 12/08/2009
No error in trial court's finding that evidence was sufficient to show that victim's ingestion of the methadone purchased from appellant was causally connected to victim's death
2403084 Tammy Jean Quesenberry v. Commonwealth of Virginia 12/08/2009
Trial court did not err in admitting the testimony of the expert witness who treated appellant in the emergency room about the dissimilar urine samples or in finding the evidence sufficient to support conviction of attempting to fraudulently obtain a controlled substance
2638084 Eric Santos James Oryem v. Commonwealth of Virginia 12/08/2009
No reversible error in trial court's denial of appellant's motion to suppress a key found in his jacket pocket
0622094 David B. Ritter v. Sharon Ritter 12/01/2009
Trial court did not err in striking appellant’s request for affirmative relief where the trial court had previously denied appellant’s motion to file a late cross-complaint and found appellant was attempting to circumvent the prior ruling
1004093 Shanina R. Horsley v. Lynchburg Division of Social Services 12/01/2009
Trial court did not err in terminating appellant’s parental rights to her children where it found appellant would not be able to remedy conditions that endangered the children and adequately care for them within a reasonable period of time
1131091 Julius A. Banks v. Eleanor Osamwonyi 12/01/2009
Summary affirmance – appellant’s issues regarding whether trial court erred in granting custody of his child to appellee, child’s grandmother, barred by Rule 5A:18
1264091 Debra Derr v. Virginia Beach Department of Human Services 12/01/2009
Summary affirmance – trial court did not err in ruling to change the goal for the foster care permanency plan to adoption or in terminating appellant’s visitation with her child
1310091 Oscar Derr v. Virginia Beach Department of Human Services 12/01/2009
Summary affirmance – trial court did not err in ruling to change the goal for the foster care permanency plan to adoption or in terminating appellant’s visitation with his child
1469092 Velma Shante Chambers Ayers v. Buckingham County Department of Social Services 12/01/2009
Summary affirmance – no error in trial court’s decision to approve the goal of adoption in the permanency planning order or in finding that evidence was clear and convincing that termination of appellant’s parental rights to her child was in child’s best interests
1724081 Hugh Lincoln Cordon, Jr. v. Commonwealth of Virginia 12/01/2009
Trial court did not err in finding evidence was sufficient to prove appellant was in constructive possession of cocaine found in his room and to infer guilt from appellant’s statements
2051082 David Edwin Saunders v. Commonwealth of Virginia 12/01/2009
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of burglary as a principal in the second degree
2671084 Mychael Jamal Palmer v. Commonwealth of Virginia 12/01/2009
Appellant’s conviction of receiving stolen property affirmed where evidence was sufficient to prove he knowingly received stolen property and issue of value of stolen video games precluded by Rule 5A:18
0166092 Francis Chester, Esq. v. Barry Wyatt Redifer, Cincinnati Indemnity Company, et al 11/24/2009
No error in commission’s finding that Redifer suffered a compensable neck injury, in declining to apply res judicata to dismiss claim against insurer, and in finding that insurer did not provide coverage for employer
0974092 Phanendharnadh L.N. Kone v. Virginia Department of State Police 11/24/2009
Summary affirmance – no error in trial court’s decision affirming hearing officer under grievance procedure for state employees and dismissing appellant’s appeal
1060094 William R. Murphy, Jr. v. Commonwealth of Virginia, Department of Social Services, et al 11/24/2009
Summary affirmance – no error in trial court’s rulings regarding child support arrearages and attorney’s fees to appellee
1626082 Nathaniel Fitchett, s/k/a Nathaniel Dwaine Fitchett v. Commonwealth of Virginia 11/24/2009
No error in trial court’s finding that evidence was sufficient to prove that appellant had specific intent to steal money and committed several overt acts in attempt to commit robbery
2809083 Patricia Ann Sommers Nervo v. Eugene Thomas Nervo 11/24/2009
Error in trial court’s interpretation of parties’ property settlement agreement where express terms of agreement conditioned appellant’s purchase of property and forfeiture of deposit upon appellant’s ability to obtain financing for purchase of property
0847082 Michael Fitzroy Crosby v. Commonwealth of Virginia 11/17/2009
Trial court did not err in denying appellant’s motion to suppress his post-Miranda statements as those statements were knowingly and voluntarily made
2658083 Karl Londell Martin v. Commonwealth of Virginia 11/17/2009
Evidence was sufficient for jury to find appellant guilty of burglary and abduction where jury viewed videotape, gun, and mask; conviction of use of firearm in commission of robbery reversed and dismissed where appellant was acquitted of robbery
3071083 Michael Anthony Levesque v. Commonwealth of Virginia 11/17/2009
No error in trial court’s finding that the evidence was sufficient to support appellant’s conviction of aggravated sexual battery where the trial court closely observed the witness’ demeanor and fully considered his credibility
0013094 Elaine May Hopkinson v. Colin Gary Hopkinson 11/10/2009
Trial court lacked authority to supercede the parties’ agreement on health insurance coverage and award attorney’s fees to appellee; trial court did not err in denying appellant’s amended motion for contempt
0908093 Lisa Seiwell v. Harrisonburg Rockingham Social Services District 11/10/2009
Trial court did not err in finding that termination of appellant’s parental rights to her son was in child’s best interests and that appellant was unwilling or unable to remedy conditions that brought child to foster care
0909093 Lisa Seiwell v. Harrisonburg Rockingham Social Services District 11/10/2009
Trial court did not err in finding that termination of appellant’s parental rights to her son was in child’s best interests and that appellant was unwilling or unable to remedy conditions that brought child to foster care
0922094 Jean Frances Krusell v. SaAd Abdulrazzak Al-Rayes 11/10/2009
Summary affirmance – no error in trial court’s order enjoining appellant from relocating with the parties’ children to Massachusetts
0967092 Charles Daniel Merritt v. Ebasco Construction, Inc., et. al. 11/10/2009
Commission did not err in denying appellant’s request for an increase in his permanent partial disability benefits where it determined that appellant had already received compensation equivalent to or greater than the statutory maximum
1253083 Devin Lamont Streater v. Commonwealth of Virginia 11/10/2009
Evidence was sufficient to prove that appellant possessed what appeared to be a firearm and shots were fired during the home invasion and was sufficient to support jury’s finding that appellant was a perpetrator in the home invasion; trial court did not abuse its discretion in excluding misidentifications that did not involve appellant
1650084 Waseem Ali v. Commonwealth of Virginia 11/10/2009
Appellant’s issue regarding whether he could be convicted for both robbery and grand larceny from the person barred by Rule 5A:18 and as appellant has not demonstrated affirmative proof of his innocence, Court declines to invoke ends of justice exception; trial court did not err in allowing prosecutor to cross-examine appellant regarding a prior conviction
2090083 Frank Dwain Vaught v. Commonwealth of Virginia 11/10/2009
No error in trial court’ finding that appellant acted with the specific intent to defraud when he signed the certificate of title as the buyer of the vehicle when he did not actually believe he was the buyer when he signed the title
2597081 Arnold Edwin Kee v. City of Hampton 11/10/2009
Trial court erred in finding evidence sufficient to support appellant’s conviction of obstruction of justice where there was no direct act by appellant to resist the officer and appellant merely made the investigation more difficult by failing to cooperate
3059083 Guy Anthony Banks, Jr. v. Commonwealth of Virginia 11/10/2009
Trial court did not err in denying motion to suppress evidence of firearm found in jacket where seizure of jacket was lawful under the Fourth Amendment as authorized by appellant’s consent
0290094 Gary M. Kotara v. Kathleen M. Kotara 11/03/2009
As order appealed from is neither a final order nor an appealable interlocutory order, Court does not have jurisdiction to hear appeal and it is dismissed
0401092 Michelle D. Mercurio v. Scott M. Mercurio 11/03/2009
Trial court did not err in awarding sole legal and physical custody of parties’ child to appellee where it found it was in best interests of child to remain with appellee
1451091 Commonwealth of Virginia v. Kyheim Delango Tucker 11/03/2009
Trial court did not err in granting motion to suppress appellee’s statements where the statements did not evince a knowing, intelligent, and voluntary waiver of appellee’s right to counsel
1476093 Chinar A. Kokoy v. Marshall's, Inc. and American Casualty Company of Reading, PA 11/03/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove she suffered a compensable injury by accident
1650091 Bryant Keith Winborne v. City of Portsmouth 11/03/2009
Summary affirmance – no error in commission’s finding that deputy commissioner did not err in dismissing appellant’s claims for failure to respond to discovery
2030083 Carl Anthony Fitzgerald v. Commonwealth of Virginia 11/03/2009
No error in trial court’s determination that no Fourth Amendment violation occurred and that the evidence was sufficient to prove appellant constructively possessed the firearms in the vehicle in which he was a passenger
2706082 John Edward Townsend v. Commonwealth of Virginia 11/03/2009
Trial court did not err in finding evidence excluded every reasonable hypothesis of innocence and proved appellant’s conviction of petit larceny as a third or subsequent offense beyond a reasonable doubt
2947083 Revera Leo Veney v. Commonwealth of Virginia 11/03/2009
Trial court did not abuse its discretion in admitting the testimony of two witnesses describing what they saw on a store surveillance videotape that was not admitted into evidence
0564091 Patricia Marie Angelo v. Stihl, Inc. and Hartford Casualty Insurance Company 10/27/2009
No error in commission’s finding that appellant failed to prove by a preponderance of the evidence that her injuries sustained while walking in employer’s parking lot on her way back to work after a break arose out of her employment
0624082 Fred Watkins Coles, Jr. v. Commonwealth of Virginia 10/27/2009
No error in appellant’s convictions of uttering and attempted grand larceny where appellant’s possession of forged check allows the inference that he knew check was forged; appellant’s rights under Due Process Clause were not violated where evidence connected permissive inference of guilty knowledge to possession of forged check
0720092 Derrell M. White v. Petersburg Department of Social Services 10/27/2009
Evidence was sufficient to prove termination of appellant’s parental rights was in child’s best interests without consideration of the alleged sexual misconduct by appellant, his refusal to participate in psychosexual evaluation or his assertion of his right to remain silent during the proceedings
0721092 Derrell M. White v. Petersburg Department of Social Services 10/27/2009
Evidence was sufficient to prove termination of appellant’s parental rights was in child’s best interests without consideration of the alleged sexual misconduct by appellant, his refusal to participate in psychosexual evaluation or his assertion of his right to remain silent during the proceedings
0722092 Derrell M. White v. Petersburg Department of Social Services 10/27/2009
Evidence was sufficient to prove termination of appellant’s parental rights was in child’s best interests without consideration of the alleged sexual misconduct by appellant, his refusal to participate in psychosexual evaluation or his assertion of his right to remain silent during the proceedings
1333091 Barbara J. Goodman v. Hoover Universal, Inc. and Ace American Insurance Company 10/27/2009
Summary affirmance – no error in commission’s finding that appellant failed to reasonably market her residual work capacity
1576084 John Richard Cardinal v. Commonwealth of Virginia 10/27/2009
Appellant’s argument on appeal regarding whether trial court abused its discretion in admitting a draft copy of promissory note under best evidence rule barred by Rule 5A:18 where alleged lack of a diligent search not timely raised in trial court
1910082 Johnnie Renard Gillison v. Commonwealth of Virginia 10/27/2009
Trial court erred in finding evidence sufficient to support convictions of statutory burglary as principal in second degree and petit larceny where evidence did not prove appellant shared the criminal intent of the principal to commit burglary or that items appellant helped carry were the items stolen from victim
2652082 William McCray Eley, Jr. v. Commonwealth of Virginia 10/27/2009
No error in appellant’s convictions of possession of a firearm after having been convicted of a felony where in addition to victims’ observations and testimony relating to the object appellant used to effect the robberies, victims provided additional details to show object appellant possessed was a firearm
2796082 Atoine J. DeSilva v. Commonwealth of Virginia 10/27/2009
Appellant’s convictions of attempted robbery and use of a firearm in commission of attempted robbery reversed and dismissed where evidence was not sufficient to prove that appellant intended to deprive victim of his personal property
0227084 Marc Joseph Stout v. Commonwealth of Virginia 10/20/2009
Trial court erred in denying motion to suppress insofar as the anonymous tip did not provide a sufficient basis to justify the police in detaining appellant and ordering him from the vehicle; as this evidence has no effect on conviction of possession of firearm by felon, that conviction is affirmed
0978093 Kiam Layne v. Christina M. Layne 10/20/2009
Summary affirmance – no error in trial court’s equitable distribution ruling finding appellee was entitled to one-half of the marital property equity in a condominium owned by appellant prior to the marriage and that appellant should pay appellee for his share of the appellee’s student loans that were marital property
1179093 Commonwealth of Virginia v. Johnny Lamont Venable, III 10/20/2009
Trial court erred under the facts of this case in holding appellee’s Sixth Amendment right to a speedy trial had been violated, matter remanded to trial court for further proceedings
1444084 Dean Thomas Bradley v. Commonwealth of Virginia 10/20/2009
Trial court did not violate appellant’s due process rights by denying appellant’s motion to dismiss, by refusing to allow appellant’s expert to testify as to the effects of Ambien on appellant, or in finding the evidence sufficient to prove the element of knowledge and that appellant committed hit and run
1522081 Clyde Mario Hall v. Commonwealth of Virginia 10/20/2009
Trial court did not err in denying appellant’s motion to dismiss the indictments on speedy trial grounds where indictments were tried within statutory speedy trial period; appellant’s constitutional speedy trial argument barred by Rule 5A:18
2347084 Roy Sudduth v. City of Alexandria Department of Human Services 10/20/2009
No error in trial court’s dismissal of appellant’s petition in that court for procedural defects; issue as to whether trial court erred by rendering a decision against him at a hearing he did not attend because he did not have proper notice mooted by the trial court’s granting of his request to rehear the matter
2348084 Roy Sudduth v. City of Alexandria Department of Human Services 10/20/2009
No error in trial court’s dismissal of appellant’s petition in that court for procedural defects; as no transcript or statement of facts of reconsideration hearing is part of record, issue as to whether trial court erred by refusing to accommodate his disability cannot be decided
2420082 Joseph Michael Wilson v. Commonwealth of Virginia 10/20/2009
No error in trial court’s conclusion that appellant planned to commit a robbery and use a firearm in the commission of that robbery and committed a direct but ineffectual act to accomplish the crime
2607082 Travis Whitley Pitt v. Commonwealth of Virginia 10/20/2009
No error in trial court’s finding that evidence was sufficient to prove appellant engaged in behavior about which victim testified and supported conviction of assault and battery of family or household member, third offense; argument on appeal regarding due process barred by Rule 5A:18
3074081 John K. Kablach v. Mary T. Kablach 10/20/2009
Summary affirmance – amended final decree of divorce affirmed as issues raised either require a transcript or statement of facts for determination or are not considered due to appellant’s failure to comply with Rule 5A:20(e)
0180092 Christa P. Lightburn v. Robert C. Lightburn 10/13/2009
Trial court erred in ruling that parties’ vehicles were appellee’s separate property; trial court did not err in its classification of other assets as appellee’s separate property, in its award of attorney’s fees to appellant, or in fashioning the spousal support award
0292094 Dennis John Kappeler v. Lorie Lyn Kappeler 10/13/2009
Trial court did not err in finding the pleadings legally sufficient or in modifying the prior child support award to include after school childcare costs
0805094 Cordelia Odocha v. Matt P. Sarago 10/13/2009
Summary affirmance – appellant’s issues regarding whether the trial court erred in granting appellee an annulment of their marriage are procedurally defaulted under Rule 5A:18 and 5A:20(e)
1132092 Teawanda Strother v. Petersburg Department of Social Services 10/13/2009
No error in the termination of appellant’s parental rights to her children where the trial court found clear and convincing evidence that appellant was unwilling or unable within a reasonable time to remedy substantially the conditions which led to the placement of the children in foster care
1294094 Melvine O. King v. Airlines Reporting Corp. and Federal Insurance Company 10/13/2009
Summary affirmance – no error in commission’s finding that appellant’s injury did not arise out of or in the course of her employment
1311092 Brian Todd Lancaster v. Fibercom, Inc. and Vigilant Insurance Co. 10/13/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove a causal relation between his 1991 accidental injury and his 2008 medical condition and treatment
0213094 Thomas J. Dougherty v. Sharon M. Dougherty 10/06/2009
Trial court did not err in modifying final decree of divorce to reclassify two of appellant’s partnerships as marital, in adopting opinion of appellee’s expert as to value, and in not adopting opinion of appellant’s expert as to value
0552091 Elizabeth McGee v. Newport News Department of Human Services 10/06/2009
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children where appellant did not show signs of improvement to offer children stability they need
0615091 Thomas Copeland v. Newport News Department of Human Services 10/06/2009
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children where appellant did not show signs of improvement to offer children stability they need
0755082 Donta Lamark Foster v. Commonwealth of Virginia 10/06/2009
Trial court did not err in sustaining Commonwealth’s Batson challenge to juror and reseating juror and in finding it could not consider appellant’s additional statements as to why juror should have been struck after it reseated juror; argument to disqualify juror for cause barred by Rule 5A:18
1108081 Arthur Martinez Woodson v. Commonwealth of Virginia 10/06/2009
Trial court did not err in denying motion to suppress where officers did not conduct a visual body cavity search, in finding evidence sufficient to prove appellant intended to distribute the cocaine, and in finding appellant had been convicted on two prior occasions of distribution of controlled substance
1169082 David C. Gilliam, III v. Commonwealth of Virginia 10/06/2009
Appellant’s convictions affirmed where he failed to comply with Rules of Court and failed to timely file transcript of voir dire hearing
1216094 Jose Berto Darley v. Elicia Patricia Darley 10/06/2009
Summary affirmance – no error in final decree of divorce awarding appellee spousal support and awarding appellee fifty percent of appellant’s military retirement pay
1324094 Richard Edwin Brown v. Koons Ford Body Shop and Penn National Security Insurance Company 10/06/2009
Summary affirmance – no error in commission’s finding that appellant’s injury did not arise out of his employment
3102082 Plant Partners and et. al. v. Sheila A. Pittma 10/06/2009
Commission’s award of temporary partial disability benefits to appellee was not predicated upon evidence introduced or appearing in proceeding; matter remanded to commission to determine whether appellee made any efforts to market her residual work capacity
0291094 Isidoro R. Rodriguez v. Virginia Employment Commission 09/29/2009
Trial court did not err in affirming decision of appellee that appellant was discharged for misconduct connected with work and that denied appellant’s claim for unemployment compensation benefits
0380094 Ann Dollard v. Virginia Employment Commission 09/29/2009
Summary affirmance – trial court did not err in affirming decision of appellee denying her request to reopen the Appeals Examiner’s hearing, affirming the monetary determination of the Deputy, and finding the effective date of the claim
0463091 Transit Management Company and et. al. v. Cynthia Matthews Williams 09/29/2009
Commission did not err in reinstating prior award of temporary total disability compensation to appellee where commission found appellee committed no constructive fraud and resolved issues in favor of appellee
0914093 Tiffany Spears v. Roanoke City Department of Social Services 09/29/2009
Trial court did not err in terminating appellant’s parental rights to her child where evidence supported termination under Code § 16.1-283(E); we need not consider whether termination was proper under alternate subsections
0934094 Rebecca C. Cubbage v. Wal-Mart Stores, Inc. and et. al. 09/29/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove an injury by accident arising out of and in the course of her employment
1149093 Brenda Lee Weidner v. Wal-Mart Stores, Inc. and et. al. 09/29/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove she was entitled to an award for permanent partial impairment of her lower right extremity
1249082 Dominique Warren Coleman v. Commonwealth of Virginia 09/29/2009
Trial court did not err in denying appellant’s motion to suppress evidence of marijuana found in his vehicle during a traffic stop where appellant was not unlawfully seized and officer does not violate Fourth Amendment rights when a traffic stop is extended by a brief, incremental delay caused by asking questions unrelated to the traffic stop
1646082 Fabian Fernando Lawrence v. Commonwealth of Virginia 09/29/2009
Trial court erred in admitting on cross-examination evidence of the nature of appellant’s prior conviction without limitation; as that error was not harmless, conviction reversed and matter remanded to trial court for a new trial if the Commonwealth be so advised
1824081 James Edward Lee Morris v. Commonwealth of Virginia 09/29/2009
No error in trial court’s finding that as appellant admitted that the backpack and mail inside were his and bag smelled of marijuana, there is ample support for reasonable inference that appellant was aware of other contents of bag, including the firearm, and that it was subject to his dominion and control
2602081 Maryann McNeil v. Commonwealth of Virginia 09/29/2009
No error in trial court’s refusal to allow appellant to serve the mandatory 90-day sentence for her felony driving under the influence of alcohol, third offense, conviction on electronic home monitoring
2700082 Terry M. Tate v. Sharon E. Tate 09/29/2009
Trial court did not err in imputing income to appellant in its award of spousal support to appellee
2736081 Graham D. Tolley v. Linda Tolley 09/29/2009
No error in trial court’s finding that the evidence presented at trial did not prove appellee was cohabitating with another in a relationship analogous to marriage in violation of the parties’ divorce decree
2892081 Mark Allen Cratch, Jr. v. Commonwealth of Virginia 09/29/2009
Evidence was sufficient to prove appellant possessed entire amount, over one-half ounce, of marijuana with intent to distribute; whether appellant intended to give prostitute more than one-half ounce of the marijuana irrelevant
2904082 Family Dollar Stores, Inc. and et. al. v. Jacquelyn Denise Hundley 09/29/2009
Commission erred in reaching the issue of whether appellee’s neck injury was a compensable consequence of her shoulder injury because appellants received insufficient notice of the commission’s intent to consider this issue and had no opportunity to present evidence on this issue
0660094 Asli Everett v. Ronald James Everett 09/22/2009
Summary affirmance – no error in trial court’s interpretation of the parties’ property settlement agreement; trial court did not err in its attorney’s fees award
1010094 Bernard Luigi Dinicola, Jr. v. Target Corporation 09/22/2009
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by the doctrine of res judicata
1134084 James E. Phifer, Jr. v. Commonwealth of Virginia, Department of Social Services, et. al. 09/22/2009
Trial court’s decision to register a foreign judgment reversed and vacated as appellant was denied his constitutional right to due process
1348081 Tanika L. Durand v. Commonwealth of Virginia 09/22/2009
Trial court did not err in denying the motion to suppress appellant’s statements as appellant was not in custody at the time she made the incriminating statements; trial court did not err in denying the motion to strike the charge of murder to voluntary manslaughter; appellant’s argument that the evidence was not sufficient to corroborate her confession was not properly preserved for appeal
1353082 Terry Montain Miller v. Commonwealth of Virginia 09/22/2009
This Court holds appellant failed to present an adequate record from which it might determine whether the trial court erred in denying appellant’s challenge to the racial composition of the jury; Court also holds that appellant waived his right to confront preparer of ballistics certificate or, if right was not waived, any error in admitting certificate was harmless; convictions affirmed
2289081 Delano Jarrell Drew v. Commonwealth of Virginia 09/22/2009
No error in trial court’s finding evidence sufficient to support appellant’s conviction for attempted robbery; Rule 5A:18 bars consideration of whether appellant’s hearsay objection should apply to his convictions for use of a firearm during the commission of a felony and for conspiracy
2807081 Kerel Maurice Bell v. Commonwealth of Virginia 09/22/2009
Trial court did not err in denying appellant’s motion to suppress where evidence supports finding that no strip search occurred
2829083 Jessica Fortuna v. Harrisonburg/Rockingham Social Services District 09/22/2009
Trial court did not err in finding that clear and convincing evidence proved the best interests of appellant’s child would be served by terminating appellant’s parental rights to her child
2864082 Emmett Thomas Newcomb v. Commonwealth of Virginia 09/22/2009
No error in trial court’s finding evidence sufficient to support appellant’s conviction for driving while intoxicated
3031082 Keith Lamont Mack v. Commonwealth of Virginia 09/22/2009
Trial court did not abuse its discretion by denying appellant’s motion to withdraw his guilty plea as appellant failed to establish a good-faith basis for seeking to withdraw his guilty plea
0430094 Mehboob Ahmed, M.D. v. Virginia board of Medicine 09/15/2009
Summary affirmance – issues raised by appellant waived for failure to comply with Rule 5A:20(c), (d), and (e) and Court finds that the failure to comply is significant
0601093 Theodore Clayton Francisco v. Roanoke City Department of Social Services 09/15/2009
Trial court did not err in changing the goal in the foster care plan regarding appellant’s children from return home to adoption where appellee proved by a preponderance of the evidence that the change in goal was in children’s best interests and no evidence showed appellant would now comply with the requirements of the care plan
0918093 Mohammed Amin Serdah v. Judy Williams Serdah 09/15/2009
Summary affirmance – trial court’s order awarding sole physical custody of parties’ child to appellee affirmed
0951094 Stephen B. Lane v. Robin B. Lane 09/15/2009
Summary affirmance – no error in trial court’s order denying appellant’s motion to modify spousal support award to appellee
1082094 Monroe Edward Alger v. Dynalectric Company and et. al. 09/15/2009
Summary affirmance – no error in commission’s finding that appellant was not entitled to disability benefits for a specified period of time as appellant failed to establish temporary total disability during that time
1148092 Gilbert Dennis Macdonald v. Drivetime Automotive Group, Inc. and et. al. 09/15/2009
Summary affirmance – no error in commission’s finding that appellant failed to give timely notice of his accident and that appellees were prejudiced by that untimely notice
1632084 Daniel J. Christovich v. Rebeccah L. Christovich 09/15/2009
Trial court did not err in denying appellant’s petitions to change the custody and visitation arrangements with the parties’ children
1926084 Joann Williams v. Commonwealth of Virginia 09/15/2009
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of felony neglect of an incapacitated adult where appellant was a responsible person under Code § 18.2-369 and she neglected the victim
1960074 Brian Conley Cable v. Commonwealth of Virginia 09/15/2009
Appellant failed to make a proper proffer of the expected answers from the witnesses regarding whether trial court erred by prohibiting him from attempting to impeach victim and her mother on issues appellant claims concerned their motive to fabricate the allegation of aggravated sexual battery
2010082 Cynthia Cenarice Thornton v. Commonwealth of Virginia 09/15/2009
Appellant’s issues raised on appeal regarding sufficiency of evidence to support conviction of felony child neglect barred by Rule 5A:18 and Court finds ends of justice exception does not apply to allow consideration of issues on the merits
0124094 Uninsured Employer's Fund v. Frederica Wiredu 09/08/2009
Commission did not err in finding doctor who started treating appellee was an authorized treating physician or in finding evidence was sufficient to support an award of temporary total disability benefits to appellee
0355093 Melinda Sponaugle-Cantrell v. Wise County Department of Social Services 09/08/2009
Trial court did not err in finding that clear and convincing evidence proved termination of appellant’s parental rights to her children was in their best interests and that appellant was unwilling or unable within a reasonable amount of time to remedy conditions that brought children to foster care
0617094 Gary L. Poehler v. P. J. Dick, Inc. and American Zurich Insurance Company 09/08/2009
Summary affirmance – no error in commission’s decision that appellant unjustifiably refused a bona fide offer of light-duty employment
0681094 Abdel Khalik Al-Mashandani v. Coca Cola Enterprises, Inc. and Cigna Fire Underwriters Insurance Co. 09/08/2009
Commission did not err in finding appellant’s medical records failed to sufficiently document that appellant suffered a back injury as a result of his workplace injury, that he suffered an abdominal contusion rather than a serious abdominal injury, and that he was not entitled to wage loss benefits because he did not market his residual work capacity
0953094 County of Arlington and County of Arlington/PMA Management Corp. v. Alexandria Frerotte 09/08/2009
Summary affirmance – no error in commission’s finding that appellee sustained an injury by accident arising out of her employment
1033082 Eric Lamont Cameron v. Commonwealth of Virginia 09/08/2009
As appellant cannot show that a miscarriage of justice occurred, Rule 5A:18 bars Court’s consideration of issues relating to the erroneous jury instruction, the sufficiency of the evidence, and the denial of the motion to set aside the verdict
1085084 Elizabeth A. Haring v. Michael J. Hackmer 09/08/2009
Trial court did not err in its resolution of the factual disputes regarding whether a material change in circumstances occurred and after making that determination, denying the motion to modify custody of the parties’ child
2905083 The Goodyear Tire & Rubber Co. and Liberty Insurance Corp. v. Troy Calvin Mendenall, III 09/08/2009
Commission did not err by excluding weeks appellee was on strike from employment in calculating his pre-injury average weekly wage
0173082 Eric Douglas Rose v. Commonwealth of Virginia 09/01/2009
Trial court did not err in finding evidence sufficient to support convictions of object sexual penetration and aggravated sexual battery based upon testimony of victim; trial court properly weighed inconsistencies of victim’s statements but still found victim credible
0305093 Kelli Davidson v. Roger Brian Davidson 09/01/2009
Summary affirmance – no error in trial court’s ruling granting appellee’s motion to strike and denying appellant visitation with her stepdaughter
0320093 Shameca Jackson v. Roanoke City Department of Social Services 09/01/2009
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children where appellant was not able to meet requirements and while appellant tried to remedy her problems, there was no reasonable expectation of sufficient improvement to a level that would enable her to be a fit parent
0466093 Barbara Ann Bright v. Norton Community Hospital, Inc. and Old Republic Insurance Company 09/01/2009
Summary affirmance – no error in commission’s finding that appellant’s due process rights were not violated by not allowing an evidentiary hearing, that res judicata barred her claim, and that her neck injury was not related to her original injury
0568094 Walter J. Booker, Sr. v. Kenan Advantage Group, Inc. and American Zurich Insurance Company 09/01/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove his need for unicondylar knee replacement was causally related to his work-related injury
0793093 Robert Jackson, Sr. v. Roanoke City Department of Social Services 09/01/2009
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children where appellant was not able to meet requirements and had not improved his situation substantially either because he was unwilling or unable to correct issues
0804094 American Red Cross v. Kaushlya Verma 09/01/2009
Summary affirmance – no error in commission’s finding that appellee was entitled to receive ongoing temporary total disability benefits as there was no unjustified refusal to attend an employer-scheduled independent medical evaluation
1023092 Adevija Jusic v. Captive Plastics, Inc. and Liberty Mutual Insurance Company 09/01/2009
Summary affirmance – commission did not err in denying appellant’s claim for benefits where she failed to prove an injury by accident arising out of her employment on either date
1481082 Iain Gainov v. Commonwealth of Virginia 09/01/2009
Trial court did not err in finding evidence sufficient to support conviction of felony child neglect where appellant acted in a willful manner with full knowledge of the consequences of his actionswith a bad purpose and without justifiable excuse; issue regarding expert testimony barred by Rule 5A:18
2954064 John Joseph Rogers v. Commonwealth of Virginia 09/01/2009
Trial court did not err in denying motion to strike jury panel where appellant cannot establish either an irregularity in the jury selection process or violation of his right to a jury selected from cross-section of community, in refusing to exclude particular juror; jury questionnaires not made a part of record for jurors who did not serve did not preclude appellate review of jury issue
0130083 Melvin Jamar Walker v. Commonwealth of Virginia 08/25/2009
Trial court did not err in refusing to instruct jury on lesser-included offense of voluntary manslaughter where evidence did not support the giving of such instruction; convictions of second-degree murder and use of a firearm in commission of felony affirmed
0577082 Christopher David Weisel v. Commonwealth of Virginia 08/25/2009
Trial court did not err in denying appellant’s motion to suppress the victim’s photo identifications of appellant; evidence was sufficient to prove appellant was the person who committed the aggravated sexual battery of the victim
1388083 Timothy Rife v. Commonwealth of Virginia 08/25/2009
Trial court did not err in imposing a term of probation exceeding the suspended portion of appellant’s sentence
2111084 Antonio Keith Lappegard v. Commonwealth of Virginia 08/25/2009
Trial court did not err in denying appellant’s motion to dismiss on double jeopardy grounds where appellant was prosecuted for two separate transactions that occurred on same day
2112084 Andre A. Ovissi v. Roshanak Salemi 08/25/2009
Error in lump sum award in final divorce decree; matter remanded to trial court to assign values to the amount of attorney’s fess and other unknown expenditures made by appellant and if made for a valid purpose, modify the lump sum award to appellee
2914074 Steven S. Martin v. Commonwealth of Virginia 08/25/2009
No error in appellant’s conviction of aggravated sexual battery; trial court did not err in revoking appellant’s probation for a prior conviction based in part on this conviction
0096091 Ricky E. Carr v. Joanne Carr 08/18/2009
Summary affirmance – no error in trial court’s denial of appellant’s motion to reduce his spousal support obligation
0261092 Calvin Libron, III v. Tamara Branch 08/18/2009
Summary affirmance – no error in trial court’s custody and visitation order
0657083 Sixto Lopez Laines, s/k/a Sixtoe Lopez Laines v. Commonwealth of Virginia 08/18/2009
Evidence was sufficient to support appellant’s convictions of twelve counts of sodomy, seven counts of object sexual penetration, and six counts of rape
1016094 William John Peterson v. William Peterson and Companion Property & Casualty Insurance Company 08/18/2009
Summary affirmance – no error in commission’s refusal to assess sanctions against the insurer for its denial of diagnostic medical testing
2837073 Daniel Weeks, s/k/a Daniel Eugene Weeks v. Commonwealth of Virginia 08/18/2009
Trial court did not err in denying appellant’s motion to strike two prospective jurors for cause based on their statements during voir dire where their statements, after reviewing the entire voir dire, were not impermissibly biased in favor of police testimony and no issue of witness credibility involving officer was ever put to jury
2862082 Danville Regional Medical Center, et. al v. Virginia Birth-Related Neurological Injury, et. al 08/18/2009
No error in commission’s decision denying admission of child into program where commission’s refusal to apply the missing evidence inference had no impact on its decision and commission relied on credible evidence when it rejected appellants’ causation theory
3007084 Gerri Paige Butterman v. Alexander Herbert Butterman 08/18/2009
No error in trial court’s order granting sole legal and physical custody of parties’ children to appellee, limiting spousal support to appellant, and apportioning debts related to children’s therapy equally between the parties
0505092 Lora Lynn Stout v. Clair Rex Stout 08/11/2009
Summary affirmance – no error in trial court’s findings regarding equitable distribution, spousal support, and attorney’s fees to appellant
0833081 Paul Winston Tye v. Sandra Harrison Tye 08/11/2009
Trial court did not abuse its discretion in denying appellant’s continuance motion on the morning of the trial or in awarding appellee 65% of the proceeds from the marital residence
0894082 Dante Lamont Lewis v. Commonwealth of Virginia 08/11/2009
Trial court did not err in denying appellant’s motion to suppress his statements where appellant’s waiver was knowing and intelligent and his confession was freely and voluntarily given
1774074 Shirley Anne Newman v. Commonwealth of Virginia 08/11/2009
Trial court did not abuse its discretion in admitting certificate of analysis or in accepting Commonwealth’s evidence and rejecting appellant’s evidence; conviction of driving under the influence affirmed
2770084 Delores Gaston v. Yuill Black, M.D. and Michael R. Kletz, M.D., P.C., et. al. 08/11/2009
No error in commission’s finding that appellant’s injury was not compensable
0416093 Commonwealth of Virginia v. Justin Marcus Calloway 08/04/2009
Trial court erred in granting appellee’s motion to suppress where officer had reasonable, articulable suspicion to detain appellee to maintain the status quo momentarily while obtaining more information as to whether appellee was involved in the activity that led to the shots-fired call to which the officer was responding
0679092 John H. Lott, Jr. v. ROI Opportunities for Seniors Corporation and Twin City Fire Insurance Company 08/04/2009
Summary affirmance – commission did not err in finding appellant failed to prove he suffered an injury arising out of his employment
1443084 Dean Thomas Bradley v. Commonwealth of Virginia 08/04/2009
Trial court did not err in rejecting appellant’s involuntary consciousness defense or in finding a sufficient independent basis to determine that appellant was intoxicated while driving
1697084 Dolores Davis v. County of Fairfax 08/04/2009
Trial court did not err in finding that appellee properly refilled its petition in district court and that the timing of the refilling was not fatal to the district court’s acquisition of jurisdiction; appellant was not entitled to constitutional protections against double jeopardy; evidence sufficient to support seizure of her pets and finding that she was unfit to own pets
2186081 Brian McClean Clugston v. Commonwealth of Virginia 08/04/2009
Trial court erred in conducting a plenary criminal contempt hearing without affording appellant his procedural process protections; conviction of criminal contempt reversed and vacated
0072082 Lawrence Bartleson Palmer v. Commonwealth of Virginia 07/28/2009
Trial court did not err in denying appellant’s motions to reconsider where appellant court have, and did, obtain evidence regarding witness’ character and reputation prior to trial; no Brady violation where witness’ convictions at issue would not have been admissible to impeach her testimony at trial
0313082 Christopher Carl Adkins v. Commonwealth of Virginia 07/28/2009
No error in appellant’s conviction of possession with intent to distribute cocaine where evidence was sufficient to support finding that appellant had knowledge of the crack cocaine in the small motel room and exercised dominion and control over it
0551092 Commonwealthof Virginia v. John Allan Clements 07/28/2009
Trial court erred in granting motion to suppress evidence seized pursuant to a search warrant where, even assuming affidavit was insufficient, the evidence was sufficient to establish the requisite basis for applying the good faith exception to the exclusionary rule
0587093 Claude Roger Sparks v. Lionberger Construction Company, et al 07/28/2009
Summary affirmance – no error in commission’s finding that appellant failed to establish whether an October 3, 2006 or October 11, 2006 incident caused a rotator cuff tear and necessitated subsequent surgery
0630084 John Henry Bufford, III v. Commonwealth of Virginia 07/28/2009
Trial court did not err in failing to strike challenged juror for cause, admitting a statement appellant made at magistrate’s office ninety minutes after the altercation, denying his proffered instructions on self-defense, illegal arrest, and excessive use of force, or concluding evidence was sufficient to support his conviction of disarming an officer
1550081 Mandiaye M. Sene v. Commonwealth of Virginia 07/28/2009
Trial court did not err in refusing to allow appellant to withdraw his guilty plea to rape after sentencing or in denying appellant’s request for bail pending appeal
1949072 Lawrence Bartleson Palmer v. Commonwealth of Virginia 07/28/2009
Trial court did not err in denying appellant’s motions to reconsider where appellant court have, and did, obtain evidence regarding witness’ character and reputation prior to trial; no Brady violation where witness’ convictions at issue would not have been admissible to impeach her testimony at trial
0210094 Angela Goree v. Culpeper County Department of Social Services 07/21/2009
No error in termination of appellant’s parental rights to her child where record supports finding that reasonable and appropriate efforts were made to communicate with appellant and to strengthen the parent-child relationship; no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interests
0390092 Commonwealth of Virginia v. Eddie James Edwards 07/21/2009
Trial court’s suppression of appellant’s statement reversed where, while appellant did unequivocally invoke his right to counsel, appellant later reinitiated communication with the police and properly waived his Miranda rights
0905081 John Bolero Latel Banks v. Commonwealth of Virginia 07/21/2009
Trial court did not err in denying appellant’s motion to suppress where the police possessed leads making the discovery of the evidence inevitable
1176082 Dennis F. Williams v. Linda Lou Williams 07/21/2009
Trial court’s denial of appellant’s motion to reduce spousal support reversed where appellant established substantial changes in appellee’s financial needs; remanded to trial court to determine whether those changes warrant a modification of support; award of attorney’s fees to appellee reversed where award was contrary to parties’ settlement agreement
1359084 Dwayne Sheldon Rhoades v. Commonwealth of Virginia 07/21/2009
Trial court did not err in refusing appellant’s motion to suppress where evidence showed appellant did not submit to officer’s show of authority until after appellant committed a traffic offense which gave officer sufficient reasonable suspicion to justify stop of appellant
1745084 Mansour Salahmand, s/k/a Mansour Salhmond v. Commonwealth of Virginia 07/21/2009
Appellant waived his right to challenge the admissibility of the criminal complaint as substantive evidence against him where appellant offered the warrant and complaint into evidence without any limitation; evidence was sufficient to support finding appellant maliciously wounded his wife
1813081 Monae Chanta Savage, s/k/a Mona Chanta Savage v. Commonwealth of Virginia 07/21/2009
No error in appellant’s conviction of reckless driving where the omission of pacing from the methods for determining speed that are enumerated in Code § 46.2-882 does not in any way invalidate it as an appropriate means of proving speed of a vehicle
2443074 Tina Marie Juliano, a/k/a Christina Marie Juliano v. Commonwealth of Virginia 07/21/2009
Trial court did not err in refusing appellant’s proffered instruction on petit larceny as a lesser-included offense of grand larceny where there was not a scintilla of affirmative evidence to support the instruction
2452082 Ronnie Darin Watson v. Mironda Baker Watson 07/21/2009
Trial court did not abuse its discretion in ordering appellant to designate child of parties as a beneficiary of all or part of his existing life insurance policy; record on appeal does not contain order denying appellant’s motion to rehear and even if Court assumes trial court denied motion, there is no explanation as to why trial court did so in record
2660073 Eugene Word v. Commonwealth of Virginia 07/21/2009
Appellant’s convictions of thirteen counts of forge public documents affirmed where evidence proves documents signed were public records and appellant had intent to forge when he signed name on documents; one conviction reversed and dismissed where document at issue was not prepared in connection with a legitimate legal proceeding
0893082 Antonio Ewall Thompson v. Commonwealth of Virginia 07/14/2009
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where appellant did not establish a good faith reason to withdraw the plea
1192084 Richard Wayne Sears v. Commonwealth of Virginia 07/14/2009
Trial court did not err in denying motion for continuance to obtain presence of missing witness where appellant did not exercise due diligence to obtain presence of missing witness and appellant failed to establish that the witness’ testimony was material and he was prejudiced by witness’ absence; appellant’s confession was sufficiently corroborated
1231084 Marcus E. Jackson, s/k/a Marcus Edward Jackson v. Commonwealth of Virginia 07/14/2009
Trial court did not abuse its discretion in failing to grant a further continuance of the sentencing hearing based on appellant’s request that the trial court defer its finding of guilt where appellant had entered a guilty plea in accordance with a plea agreement
1310083 George Leon Phelps, Jr. v. Commonwealth of Virginia 07/14/2009
Trial court did not err in denying appellant’s motion to suppress where officer’s alleged illegal entry into residence did not contribute to eventual discovery of cocaine or in finding evidence was sufficient to show appellant had constructive possession of cocaine found in residence and that he possessed cocaine with intent to distribute it
1482082 William Lee Scott v. Commonwealth of Virginia 07/14/2009
Decision of affirmed upon rehearing en banc
1829081 Shaun Neil Marshall v. Commonwealth of Virginia 07/14/2009
Trial court did not err in finding evidence was sufficient to support convictions of statutory burglary and grand larceny where trial court rejected appellant’s explanation of how he obtained recent possession of the stolen property
2025081 Andrew Jerome Brooks, Jr. v. Commonwealth of Virginia 07/14/2009
No error in trial court’s finding that appellant was aware of, had control of, and consciously possessed the fourteen capsules of heroin located in the open ashtray of his vehicle of which he was the sole occupant; appellant’s conviction of possession of heroin with intent to distribute affirmed
2133081 Joyce W. Offield v. Virginia Employment Commission, Stone Container Corporation, et. al. 07/14/2009
No error in trial court’s affirmance of VEC’s decision that she was disqualified from unemployment compensation benefits where Lumber Liquidators was properly a party to the agency proceedings and had standing to appeal the deputy’s determination
2160081 Rufus Dennis Little v. Commonwealth of Virginia 07/14/2009
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of possession of cocaine where evidence proved he possessed the cocaine found in his bedroom
2162081 William Geroid Reid v. Commonwealth of Virginia 07/14/2009
Trial court’s error in admitting evidence that appellant was offered a preliminary breath test and a post-arrest breath test harmless where there was overwhelming evidence that appellant drove while intoxicated
2356083 Lori A. Davidson v. Jackie Lewis Davidson 07/14/2009
Trial court erred in denying appellant’s annulment petition where the bigamous marriage was void ab initio; matter remanded to trial court to grant petition
2549081 Michael Georgian Thompson v. Commonwealth of Virginia 07/14/2009
Trial court did not err in admitting orders from another jurisdiction that it found had been properly authenticated and receiving them as evidence that appellant had been convicted of another offense while on probation; revocation of appellant’s probation affirmed
0160092 Mack's Construction Company, Inc. and Cincinnati Casualty Company v. John Robert Wilburn, Jr. 07/07/2009
Summary affirmance – no error in commission’s finding appellee proved a change in condition and the condition was causally related to his injury
0246094 Ben K. Gavie v. Virginia Employment Commission and AGC Field Operations, LLC 07/07/2009
Summary affirmance – no error in trial court’s decision affirming a decision by the Virginia Employment Commission disqualifying appellant for unemployment compensation due to misconduct
1462083 Judith Anthony Brumfield v. Commonwealth of Virginia 07/07/2009
Issue of whether appellant be permitted to serve the remainder of her sentence under the Department of Corrections home electronic incarceration program is moot as appellant has completed serving the active portion of her sentence; appeal dismissed as moot
2105082 Virginia Property and Casualty Insurance Guaranty Association v. Nancy Johnson Miller 07/07/2009
Commission’s August 5, 2008 opinion assessing sanctions against appellant and its August 21, 2008 order denying appellant’s motion to vacate and reconsider the August 5, 2008 opinion are affirmed; matter remanded
2689083 Ray Eugene Worley v. Carol Jean Worley 07/07/2009
Summary affirmance – trial court did not err in its valuation of certain marital property and in determining the spousal support award
2956081 William F. Harber v. Charlene M. Harber 07/07/2009
Summary affirmance – no error in trial court’s award of spousal support to appellee; this Court finds that the trial court did not impute income to appellant; appellee’s request for appellate attorney’s fees and costs granted; matter remanded
0360094 Victor Perez-Velasquez v. Culpeper County Department of Social Services 06/30/2009
Trial court did not err in terminating appellant’s parental rights pursuant to Code Section 16.1-283(C), determining that CDSS included appellant in the development of the foster care plan, holding that CDSS gave appellant sufficient notice, finding that appellant failed to maintain contact with the children, and determining appellant did not substantially plan for the future of the children
1237074 Joseph Donald Oliver v. Commonwealth of Virginia 06/30/2009
Trial court did not err in denying appellant’s motion to suppress statements he made to officers where trial court found appellant’s waiver of his rights was knowing and voluntary; exclusion of appellant’s expert testimony did not prevent appellant from receiving a fair trial
2020084 Manuelm E. Nunez v. Sonia Nunez 06/30/2009
Trial court did not abuse its discretion in determining that the material change in circumstance did not warrant a modification of the spousal support award to appellee, in awarding attorneys’ fees and costs to appellee, and in refusing to award attorney’s fees and costs to appellant
2138074 Tameka Waddy v. Commonwealth of Virginia 06/30/2009
Appeal is dismissed as moot as appellant has not made a showing that she will again be subjected to post-release supervision upon a sentence of less than six months for a felony conviction
0060092 Sherry Wright Harlow v. Louisa County Department of Social Services 06/23/2009
No error in trial court’s finding that clear and convincing evidence proved the best interest of appellant’s children would be served by terminating appellant’s parental rights to her children
0066094 Sevim McShane v. Raymond Gerard McShane 06/23/2009
Summary affirmance – appellant’s arguments regarding the spousal support ruling in the final decree are barred by Rule 5A:18
0308094 United Parcel Service, Inc. and Liberty Mutual Fire Insurance Company v. George Constantine Giatas 06/23/2009
Summary affirmance – no error in commission’s finding that the medical records support a causal relationship between the disability and the compensable injury and that appellee proved additional temporary total disability
1157084 Douglas B. Harding, Jr. v. Sara K. Harding 06/23/2009
Trial court did not abuse its discretion in finding appellant’s move constituted a material change in circumstance warranting modification of visitation, in modifying the child support obligations, in relieving appellee of her duty to provide appellant with copies of the children’s records, or in ordering appellee to reimburse appellant agreed amount of medical expenses
1561082 R K Enterprises, Inc., T/A Goldies Convenience Store v. Virginia Alcoholic Beverage Control Board 06/23/2009
Trial court did not err in upholding appellee’s decision to suspend appellant’s license to purchase and sell alcoholic beverages where appellee’s decision was supported by substantial evidence that appellant sold an alcoholic beverage to someone intoxicated at the time of the sale or appellant had reason to know that the person was intoxicated
1800084 Debra Ann Vitus v. Jon Thomas Dega 06/23/2009
Appellant’s issue regarding the determination of both child support and spousal support is barred by Rule 5A:18
1831084 Jon Thomas Dega v. Debra Ann Vitus 06/23/2009
Trial court did not abuse its discretion in setting the amount of the spousal support award to appellee
1923084 Quiana Summers v. Alexandria Department of Human Services 06/23/2009
Trial court did not err in terminating appellant’s parental rights to her children and approving the goal of adoption for them; nothing in record shows trial court did not consider granting custody of children to a relative prior to terminating appellant’s parental rights
2067082 Mirant Potomac River, LLC v. Commonwealth of Virginia, State Air Pollution Control Board 06/23/2009
Trial court erred in dismissing appellant’s petition challenging the validity of 9 VAC § 5-140-1061; as Board exceeded its statutory authority by adopting that regulation, the matter is reversed and remanded to the trial court to vacate the regulation and remand to the Board for further proceedings consistent with Code § 10.1-1328(A)(5)
2850084 John Walker-Bey v. Fairfax County Department of Family Services 06/23/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to prove appellant was unwilling or unable within a reasonable period of time to remedy the conditions leading to his child’s placement in foster care and in terminating appellant’s parental rights to his child
0024081 Clarence M. Bowser v. Sheila B. Guenard 06/16/2009
Judgment of trial court summarily affirmed in part, dismissed in part without prejudice, and transferred to Supreme Court in part
0144093 Commonwealth of Virginia v. Thomas Jeray Hall 06/16/2009
Trial court erred in finding checkpoint was improperly established as patrol supervisor and officers conducting stops had limited, supervised discretion; order granting motion to suppress reversed and matter remanded to trial court for trial on merits
0924082 Kenneth Lee Smith v. Commonwealth of Virginia 06/16/2009
Trial court did not err in denying appellant’s motion to dismiss for speedy trial violation where appellant’s counsel either acquiesced or agreed to continuances and setting of trial date outside speedy trial parameters; trial court did not err in denying motion to suppress evidence obtained as result of an anonymous tip
1546084 Ajai Kumar Sandhir v. Neeta Ahuja-Sandhir 06/16/2009
Summary affirmance – trial court’s order modifying visitation is affirmed
2335083 William Rose v. Roanoke City Department of Social Services 06/16/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his three children and that termination of appellant’s rights was in children’s best interests
2927083 Richard G. Coleman v. Susan Claire Hogan 06/16/2009
Summary affirmance – trial court did not err in dismissing proceeding filed by appellant where appellant’s failure to timely note his appeal from the juvenile and domestic relations court was
2973074 Jamal Mahmoudzedeh, s/k/a Jamal Mahmoudzadeh v. Commonwealth of Virginia 06/16/2009
Any error by trial court in precluding appellant from inquiring of his witnesses what they thought concerning age of victim is harmless where appellant told officer he believed victim was fourteen or fifteen; convictions of computer solicitation of minor and attempted indecent liberties affirmed
3035084 Karen A. DeLuca v. Denis Katchmeric 06/16/2009
Summary affirmance – no error in trial court’s award of attorney’s fees and sanctions to appellee
0142082 Ryan Oneal Davis v. Commonwealth of Virginia 06/09/2009
Trial court did not err in denying appellant’s motion to suppress or in denying appellant’s request to remove his attorney and his attorney’s request to withdraw; issue regarding whether trial court erred in refusing to strike a juror for cause is moot
0404082 Melissa Annette McQuinn v. Commonwealth of Virginia 06/09/2009
Trial court did not err in finding evidence was sufficient to conclude that appellant uttered traveler’s checks knowing them to be forged and that she had both fraudulent and larcenous intent when she used the forged checks to purchase merchandise
0510082 Roderick Wayne McDowell v. Commonwealth of Virginia 06/09/2009
Appellant’s arguments regarding the trial court’s admission of a transcript of the victim’s preliminary hearing testimony challenging the interpreter are waived under Rule 5A:18 as appellant did not object to the interpreter in the district court
0589083 Willie Hampton Moss, Jr. v. Commonwealth of Virginia 06/09/2009
Trial court did not err in finding appellant had notice that his license was revoked when he drove a vehicle on March 9, 2007
1087084 Charles A. Attiliis v. Patricia L. Attiliis 06/09/2009
Trial court’s equitable distribution award is affirmed in part and reversed and remanded in part
1298084 Angelina Lynn Heiderscheidt v. Commonwealth of Virginia 06/09/2009
Trial court did not err in denying appellant’s motion to dismiss where at the time of the revocation hearing the trial court had jurisdiction over appellant
1716084 Chemical Producers and Distributors Association, Inc., et al. v. Linda Ann Perry 06/09/2009
Commission made no findings and conducted no analysis regarding whether appellee’s conduct resulting in termination was voluntary or involuntary; matter remanded to commission for further proceedings
2139074 Carlos Gaytan v. Commonwealth of Virginia 06/09/2009
Trial court did not err in admitting the victim’s hearsay statements under the excited utterance exception to the hearsay rule where the victim’s statements were both spontaneous and impulsive
2538074 Van I. Womack v. Commonwealth of Virginia 06/09/2009
Appellant failed to preserve his claim that the officer’s search violated his Fourth Amendment rights where the trial court gave three separate reasons for denying appellant’s motion to suppress and appellant’s appeal only addresses one of those alternative reasons
3002082 Linwood Faulk v. Richmond Department of Social Services 06/09/2009
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved that termination of appellant’s parental rights to his children was in their best interests
0126094 ABR Services, Inc. and Companion Commercial Insurance Company v. Quang M. Le 06/02/2009
Summary affirmance – no error in commission’s finding that appellee proved a 44% permanent partial disability to each of his lower extremities
0218091 Commonwealth of Virginia v. Carlton M. Grimes, Jr. 06/02/2009
Trial court erred in granting appellant’s motion to suppress all evidence resulting from search of appellant’s vehicle where it was apparently mobile at the time of the search and that mobility permitted application of the automobile exception to the Fourth Amendment warrant requirement
1363084 Ronald Eric Hemphill, Jr. v. Commonwealth of Virginia 06/02/2009
Trial court did not err in denying appellant's motion for a new trial where appellant has failed to establish the requisite prejudice as nothing in the record provides a basis to conclude that had the non-disclosed evidence been disclosed prior to trial, that the results of the proceeding would have been different
1482082 William Lee Scott v. Commonwealth of Virginia 06/02/2009
Trial court did not err in denying appellant’s motion to suppress where officer conducted a detention pursuant to a lawful traffic stop that was reasonable under the circumstances and totality of circumstances rose to level of reasonable suspicion; trial court erred in finding evidence supported finding that appellant intended to distribute the cocaine
1735084 Darryll C. Stone v. Commonwealth of Virginia 06/02/2009
No error in appellant’s conviction of reckless driving as appellant’s argument that the stop was illegal because officer was beyond his lawful authority to stop him is of no moment as conviction is based on conduct that occurred after the detention had ceased and constituted a new offense that occurred after the stop
1970074 Tony A. Rivenbark v. Commonwealth of Virginia 06/02/2009
Trial court erred in refusing to grant appellant’s instruction that appellant drove within the conditions of a valid restricted operator’s license; appellant’s conviction of driving under suspension is reversed and remanded to trial court
2754082 Lewis Robert Newman, Sr. v. Charlottesville Department of Social Services 06/02/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his son
3084082 Scotty Dameron, Sr. v. Albemarle County Department of Social Services 06/02/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his child and was sufficient to support the change in goal from permanent foster care to adoption
0014093 Misty Gibson v. Roanoke City Department of Social Services 05/26/2009
Termination of appellant’s parental rights to her child affirmed where appellant challenged conditions necessary for termination under Code § 16.1-283(C)(1) and (C)(2) but not under Code § 16.1-283(E), one of the sections under which her rights were terminated
0389082 Constance Levon Muwwakyl, s/k/a Constance L. Davis v. Commonwealth of Virginia 05/26/2009
Trial court did not err in finding evidence was sufficient to prove that appellant possessed the drugs found in her bedroom
0930082 Cedric F. Clarke, s/k/a Cedric Francois Clarke v. Commonwealth of Virginia 05/26/2009
Trial court did not err in refusing to strike a potential juror for cause, in denying appellant’s Batson challenge to the peremptory strike of an African-American juror, in granting Commonwealth’s motion to disallow two of his peremptory strikes, in denying motion to strike robbery charge on sufficiency grounds, or in denying motion to suppress identification
1393083 Tyrone Antwan Herndon v. Commonwealth of Virginia 05/26/2009
Trial court did not err in admitting certificate of analysis into evidence where appellant has offered nothing more than speculation that the evidence analyzed by the lab was not the same evidence seized at the time of the arrest
2267082 Alfred J. LaLuna v. Renee M. Birchell, f/k/a Renee M. LaLuna 05/26/2009
No error in trial court’s finding that the spousal support payments should be calculated on an annual basis; trial court erred in finding that those support payments should be based on appellant’s 2005 W-2s and K-1s for the remaining term of their agreement
0250081 Kevin Lamont Newby v. Commonwealth of Virginia 05/19/2009
No error in appellant’s conviction of distributing obscene material where evidence proved appellant mailed the envelope containing photos of himself in various stages of undress to the television station in Hampton giving rise to strong presumption that offense was committed within jurisdiction of court
0363084 Ajay Kapur v. Ruchika Kapur 05/19/2009
Trial court did not err in awarding primary physical custody of children to appellee; appellant’s questions regarding the surrender of his passport waived pursuant to Rule 5A:18; trial court erred in entering sanctions order preventing appellant from presenting evidence at hearing on spousal support, child support and equitable distribution
0787082 Kevin Wayne Parker v. Commonwealth of Virginia 05/19/2009
Trial court did not err in denying motion for mistrial where, even assuming information regarding nature and circumstances of arrest and pending charges against appellant’s wife were exculpatory and that the information was suppressed by the Commonwealth, appellant did not prove he suffered prejudice; evidence sufficient to support convictions
0950084 Ajay Kapur v. Ruchika Kapur 05/19/2009
Trial court did not err in awarding primary physical custody of children to appellee; appellant’s questions regarding the surrender of his passport waived pursuant to Rule 5A:18; trial court erred in entering sanctions order preventing appellant from presenting evidence at hearing on spousal support, child support and equitable distribution
1086084 Said S. Salah v. Commonwealth of Virginia, Department of Social Services, etc. 05/19/2009
Summary affirmance – appellant’s arguments on appeal waived pursuant to Rule 5A:20(e) where appellant failed to provide any legal authority to support his assertions
1205081 Eric M. Cross v. Commonwealth of Virginia 05/19/2009
Appellant’s conviction of possession of heroin with intent to distribute reversed and dismissed where evidence was not sufficient to prove constructive possession of the heroin found in vehicle in which appellant was a passenger
1577084 Said S. Salah v. Commonwealth of Virginia, Department of Social Services, etc. 05/19/2009
Summary affirmance – appellant’s arguments on appeal waived pursuant to Rule 5A:20(e) where appellant failed to provide any legal authority to support his assertions
2789083 Brandi Peters v. Roanoke City Department of Social Services 05/19/2009
Termination of appellant’s parental rights to her children affirmed where appellant challenged conditions necessary for termination under Code § 16.1-283(B) but not under Code § 16.1-283(C)(2), the section under which her rights were terminated
2797084 Freddie Stokes v. T.W. & Company, Inc. and Wausau Insurance Company 05/19/2009
Summary affirmance – Court has determined appellant’s questions and additional question raised by appellee are without merit
0208082 Judson Jeffrey Harris v. Commonwealth of Virginia 05/12/2009
Trial court did not err in imposing sentence appellant accepted in plea agreement when he failed to successfully complete drug court program; Rule 5A:18 bars consideration of appellant’s due process argument and whether trial court erred in refusing to consider evidence of the reasons appellant was terminated from the program
0430082 Michael James Davis v. Commonwealth of Virginia 05/12/2009
Appellant’s convictions affirmed where evidence was sufficient to establish he was the driver at the time of the accident and trial court did not err in refusing appellant’s request to instruct jury regarding duties of a driver injured in an accident where no evidence showed appellant was injured such that he was prevented from complying with Code § 46.2-894
0683083 Jacob Douglas Peyton, IV v. Commonwealth of Virginia 05/12/2009
Appellant failed to show he complied with the requirements of the Interstate Agreement on Detainers and trial court did not err in denying appellant’s motion to dismiss indictments; evidence was sufficient to prove beyond appellant was guilty of statutory burglary and grand larceny
1272081 Teon Delvon Garland v. Commonwealth of Virginia 05/12/2009
Trial court erred in denying appellant’s motion to suppress the marijuana recovered from his pants where search was not supported by probable cause that the pants contained contraband or evidence of a crime
1893084 Theresa Bowe Yarish v. Mark Alan Yarish 05/12/2009
No error in trial court’s interpretation of final decree holding that both parties were equally responsible for tuition costs and ordering that appellant contribute to the private school tuition and expenses of children
2074072 Johnathan Wesley McMillan v. Commonwealth of Virginia 05/12/2009
Rehearing En Banc Granted
2203082 Bonnie Stroud Hernandez v. Chesterfield-Colonial Heights Department of Social Services 05/12/2009
Summary affirmance – no error in trial court’s finding that evidence proved by clear and convincing evidence that appellant’s parental rights to her children should be terminated and that termination was in their best interests
2712083 Sarah Dickenson v. Michael Clark 05/12/2009
Summary affirmance – no error in trial court’s finding that it could not terminate father’s parental rights to his child without the filing of a foster care plan
3094082 The Salvation Army, et al. v. Michael Wayne Peoples 05/12/2009
Summary affirmance – no error in commission’s finding the appellants were responsible for certain medical bills and that doctrine of laches did not apply
1623081 Marsha Windell v. Virginia Department of Social Services 05/05/2009
Trial court did not err in finding that the six Level 3 findings of physical abuse/bizarre discipline were supported by credible evidence
2824082 Tanisha Kelly v. Hopewell Department of Social Services 05/05/2009
No error in trial court’s approval of foster care service plans for appellant’s children or in finding appellant’s two minor children were abused or neglected and that the children were subjected to aggravated circumstances
2945083 Goodyear Tire & Rubber Company and Liberty Mutual Group v. Angelo D. Tarpley 05/05/2009
Summary affirmance – commission did not err in finding appellee proved he sustained an injury by accident arising out of the course of his employment or in awarding lifetime medical benefits to him
0279082 Clifford Samy v. Commonwealth of Virginia 04/28/2009
Trial court did not err in denying appellant’s motion to suppress as appellant voluntarily consented to be searched before he was frisked and cocaine was discovered in his sock and evidence was sufficient to support finding that appellant intended to distribute the cocaine he was carrying
0552082 Timothy Antonio Jones v. Commonwealth of Virginia 04/28/2009
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of possession of burglarious tools; trial court did not err in revoking appellant’s suspension of sentence for a prior offense based on that new conviction
0722083 Christopher Randoloph Craig v. Commonwealth of Virginia 04/28/2009
Trial court did not err in finding that officer had reasonable suspicion to justify stopping appellant’s vehicle where officer had a good faith belief that appellant’s license plate light was not working and driving with a malfunctioning license plate light is unlawful; conviction of driving under the influence affirmed
1190083 Jacqueline Cristina Stinespring v. Commonwealth of Virginia 04/28/2009
Appellant’s convictions of embezzlement reversed and vacated where evidence was insufficient to prove appellant acted with the requisite intent to defraud
1645072 Earnest A. Johnson, III v. Commonwealth of Virginia 04/28/2009
No error in trial court’s denial of appellant’s motion to suppress where information provided by unwitting informants was credible and officers had reasonable articulable suspicion that criminal activity was afoot prior to initiating their investigatory stop of appellant
2294073 Amy Dare Tweedy v. Commonwealth of Virginia 04/28/2009
No error in trial court’s finding that appellant was represented by counsel at the time of her second conviction of driving under the influence and as that conviction was valid, trial court was entitled to rely on it to apply enhanced sentencing provisions for appellant’s conviction of driving under the influence, third offense
2363074 Stephen M. Blanton v. Commonwealth of Virginia 04/28/2009
Trial court did not err in finding evidence was sufficient to prove penetration as to support appellant’s conviction of carnal knowledge where victim testified she had “intercourse” with appellant
2428081 Williams E. Jones v. Donna M. Jones 04/28/2009
Trial court erred in finding evidence proved that a parcel of property, a retirement account and a vehicle were gifts from appellant to appellee as access to and use of these assets did not imply a donative intent
2613073 Harry Warren Booth, Jr. v. Commonwealth of Virginia 04/28/2009
No error in trial court’s finding that victim’s testimony was sufficient to prove appellant had sexual intercourse with a child under the age of thirteen and that the evidence established that the offense occurred on a date within the time period set forth in the indictment
2731082 Keyser Brothers, Inc. and Contintental Casualty Company v. Kenneth W. Keyser 04/28/2009
Summary affirmance – no error in commission’s award of medical benefits to appellee where it held that doctrine of imposition prevented appellants from relying upon a statute of limitations defense
2851071 Sheila L:ynn Sears, a/k/a Sheila Lynn Sears Coleman v. Commonwealth of Virginia 04/28/2009
No error in trial court’s refusal to allow appellant to cross-examine her husband, the Commonwealth’s primary witness, regarding allegations that he had raped her during the marriage where she was allowed to cross-examine him upon any matter demonstrating he had a disposition to hurt her by testifying untruthfully
2963083 William Scott Mollette v. Roanoke County Department of Social Services 04/28/2009
Termination of appellant’s parental rights to his children affirmed where appellant failed to file a transcript or written statement of facts and issue of sufficiency of evidence to support termination requires a transcript or statement of facts for its determination
2983082 Tomeka S. Morse v. E.C. Management Services, Inc. and Commerce & Industry Insurance Company 04/28/2009
Summary affirmance – no error in commission’s finding that appellant failed to establish a compensable work-related accident
0476081 Ernest George Minns v. Kim M. Crump 04/21/2009
Summary affirmance – any issues pertaining to notice to appellant of the hearing in juvenile court rendered moot as custody matter was heard de novo in trial court
0968082 Russell Maurice Jones v. Commonwealth of Virginia 04/21/2009
Trial court did not err in denying appellant’s motion to suppress evidence of his habitual offender status as encounter between officer and appellant was consensual
1030082 Stacey Pettaway, s/k/a Stacey Matthew Pettaway 04/21/2009
Trial court did not err in denying appellant’s motion to suppress evidence recovered appellant’s person where officer had probable cause to arrest appellant for obstruction of justice and conducted a reasonable search incident to the arrest
2142081 Valerie A. Jones v. Donn David Ostroth 04/21/2009
Evidence is sufficient to support trial court’s judgment in favor of appellee that, based on appellee’s testimony, appellant’s mother had forgiven the promissory note indebtedness
2242074 Jean John Aidonis v. City of Fairfax 04/21/2009
Appellant’s argument that trial court erred in not instructing jury that appellee had to prove he had notice of the suspension of his driver’s license barred by Rule 5A:18; as evidence proved appellant had notice that his driver’s license was suspended, Court declines to apply ends of justice exception to Rule 5A:18
2540083 Jonie Hall Smith v. David A.R. Smith 04/21/2009
Summary affirmance – no error in trial court’s limiting the spousal support award to a defined duration
2588084 Sheila Anne Rekow v. Marlin F. Rekow 04/21/2009
Summary affirmance – trial court did not abuse its discretion in denying appellant’s request for attorney’s fees
2602074 Henry Johnson Lucas, Jr. v. Commonwealth of Virginia 04/21/2009
Appellant’s conviction of grand larceny affirmed where record does not support appellant’s argument that trial court erred in allowing the amendment of the indictment on the third day of trial; record does not reflect any amendment to indictment and appellant was convicted of charge on which he was indicted
2606074 Darryl A. Mitchell v. Commonwealth of Virginia 04/21/2009
Trial court did not abuse its discretion in denying appellant’ request for an in camera review of the Commonwealth’s file
2840083 McKinney Drilling Company, Inc. and Zurich American Insurance Company v. Michele Garnett Peterson 04/21/2009
Summary affirmance – no error in commission’s findings that appellee’s ongoing right ankle and knee conditions were due to a 2005 compensable accident, that arthroscopic surgery to her right knee was reasonable and necessary, that she was entitled to a MRI of her right ankle, and that she was entitled to indemnity benefits
3028083 Cumberland Resources and AIG Claims Services, Inc. v. David Michael Whitt 04/21/2009
Summary affirmance – commission did not err in modifying the deputy commissioner’s award of permanent partial disability benefits to appellee in connection with a knee and ankle injury
2343084 Catherine L. Henerman v. John Milton Hinerman 04/14/2009
Summary affirmance – trial court did not err in its interpretation of the parties’ agreement and in its refusal to increase spousal support; as appellant failed to comply with Rule 5A:20(e), this Court did not consider appellant’s argument regarding the award for the attorney fees
2369071 Willy Naar, Jr. v. Commonwealth of Virginia 04/14/2009
Trial court did not err in denying appellant’s request to apply the exception in Code § 19.2-266.2 where appellant did not establish that he had good cause for his failure to argue, prior to trial, a motion to suppress based on the officer’s alleged failure to inform appellant of his Miranda rights prior to any interrogation
2528083 Grover Gray Bradley, Jr. v. Lenora Jane Bradley 04/14/2009
Summary affirmance – finding that a transcript or a more thorough statement of facts is indispensable to a determination of the questions presented on appeal, the judgment of the trial court is summarily affirmed
2637082 United Parcel Service Inc. & Liberty Insurance Corp. v. Chamberlain S. Cotton 04/14/2009
Summary affirmance – no error in commission’s finding that claimant suffered a compensable consequential injury
2732084 Stanley Maurice Hood v. GDI, Inc. & National Fire Insurance Company 04/14/2009
Summary affirmance – commission did not err in finding that claimant’s application alleging a change in condition was barred by the applicable statute of limitations contained in Code Section 65.2-708
2752082 Murphy-Brown, LLC & Ace American Insurance Company/Gallagher Basset Services, Inc. v. Steve Budnick 04/14/2009
Summary affirmance – commission did not err in finding claimant proved by a preponderance of the evidence the accident was attributable to a hazard of his employment; award of temporary total disability benefits and medical benefits to claimant affirmed
0316082 Reginald Darnell Macklin v. Commonwealth 04/07/2009
Appellant’s conviction of receiving stolen property reversed and remanded for new trial where trial court convicted appellant without deciding whether appellee had proven actual knowledge that appellant knew the property was stolen
0330081 Kenneth Marvin Hayes v. Commonwealth 04/07/2009
Appellant’s convicted of aggravated sexual battery reversed and dismissed where evidence was not sufficient to prove that appellant touched the victim’s intimate parts or forced victim to touch his intimate parts
0495074 Janice Larue Orndorff v. Commonwealth 04/07/2009
Trial court did not err in denying appellant’s motion for a new trial and in finding that appellant’s asserted after-discovered evidence should not result in a different outcome at a new trial before a new jury
2912074 Ronald K. Polaski v. Commonwealth 04/07/2009
No error in trial court’s refusal to allow appellant to present evidence of victim’s prior complaint of sexual abuse against another man where complaint had no logical tendency to establish the proposition for which appellant offered it and was thus irrelevant
0211082 James Lee, Jr., s/k/a James Stewart Lee v. Commonwealth of Virginia 03/31/2009
No error in appellant’s convictions of second-degree murder and use of a firearm in commission of murder as no Brady violation occurred because evidence at issue was not material to appellant’s guilt and therefore he was not prejudiced by its nondisclosure
0443081 Richard Tyrone Banks v. Commonwealth of Virginia 03/31/2009
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable grounds to believe informant’s statement was true, where appellant gave consent to search his mother’s residence, and evidence was sufficient to prove appellant possessed drugs found in that search
2544074 Tobias Antonio Carrington v. Commonwealth of Virginia 03/31/2009
Trial court did not err in finding credible evidence proved that appellant shot his grandfather and killed another and in permitting the Commonwealth to cross-examine appellant’s expert witness regarding statements appellant made to his mother prior to the shooting
2667082 Dekicia Vaughan v. Richmond Department of Social Services 03/31/2009
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where appellee proved by clear and convincing evidence that appellant was unable or unwilling within a reasonable period of time to remedy conditions which led to placement of child in foster care
2748071 American Zurich Insurance Company v. Peter Brian Amundsen, Bancroft Granite & Marble, LLC et al. 03/31/2009
Commission did not err in finding employee appellee did not willfully violate a known safety rule; commission erred in finding appellant was responsible for employee’s benefits
0158084 Dominick A. Parisi v. Commonwealth of Virginia 03/24/2009
Trial court erred in refusing to grant appellant’s proposed instruction on heat of passion where jury could have concluded that appellant acted with reasonable provocation; case remanded for new trial
0162082 Thorn Sterling Pettis v. Commonwealth of Virginia 03/24/2009
Trial court did not err in denying motion to suppress evidence obtained from appellant’s interaction with police where officer initiated consensual encounter with appellant which developed into reasonable suspicion to detain appellant
0616081 Brian Marques Askew v. Commonwealth of Virginia 03/24/2009
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to believe appellant had been recently smoking marijuana and probably possessed marijuana and was justified in searching appellant
0693081 Leroy Peterson, s/k/a Leroy McCoy Peterson v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to support conviction of possession of firearm in violation of Code § 18.2-308.2(A) given circumstances of this case together with fact that appellant had primer residue on his right hand shortly after apprehension
0701081 Michael Rashif Kenta Green v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to prove appellant knowingly and jointly possessed the cocaine in bag recovered from vehicle and from his person
1017081 Cedrick Plather v. Commonwealth of Virginia 03/24/2009
Trial court erred in denying appellant’s motion to dismiss due to a statutory speedy trial violation where record shows appellant’s trial was not held within mandatory five-month period of Code § 19.2-243; convictions reversed and indictments dismissed
1723074 Duane Tyler Patterson v. Commonwealth of Virginia 03/24/2009
Trial court did not err in denying appellant’s motion to suppress evidence seized from his motel room where officers conducting search did so in good-faith reliance on the validity of the judicially issued search warrant
1780072 Rhakeem William Winn v. Commonwealth of Virginia 03/24/2009
No error in appellant’s conviction of taking indecent liberties where trial court found appellant’s appearance, by itself, was sufficient to prove appellant was eighteen or older
2044074 Rubio Argelio Angel v. Commonwealth of Virginia 03/24/2009
Trial court did not err in denying juvenile appellant’s motion to suppress statements made to police where waiver of rights was knowing, voluntary, and intelligent and in dismissing appeal of the juvenile court’s decision to certify him for trial as adult; no reversible error in trial court’s denial of request for DNA expert, for separate trials, for continuance, and for mistrial
2182081 Willie Stewart v. Norfolk Department of Human Services 03/24/2009
Summary affirmance – sufficient evidence supported trial court’s termination of appellant’s parental rights to his son
2331083 Dwayne A. Miller, Jr. v. Harrisonburg-Rockingham Social Services District 03/24/2009
No error in trial court’s finding that evidence was sufficient to prove termination of appellant’s parental rights to his daughter was in child’s best interests
2464081 Shelly M. Martin v. Norfolk Department of Human Services 03/24/2009
Summary affirmance - sufficient evidence supported trial court’s termination of appellant’s parental rights to her son
2599073 Ronald Glenn Etheridge v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to prove appellant was aware of presence and character of the still warm glass stem containing cocaine residue and in finding it was subject to his dominion and control
2758072 Megan Ashley Pullin v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence sufficient to support conviction of forgery where evidence proved appellant used someone else’s identifying information, discharge form could have served as foundation for liability for treatment that person did not incur, and act of providing false information sufficed to show intent to defraud
2874071 Antonio Jose Corprew v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to support convictions of robbery and two counts of use of a firearm where money was taken from back seat of vehicle in victim’s presence and appellant made threats to use a firearm and kept his hand under his clothing as though holding a firearm
2907071 Kevin Antoine Herndon v. Commonwealth of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to prove appellant was in constructive possession of firearm and exercised dominion and control of firearm found in dwelling
2953071 John Henry Hayes v. Commonwealt of Virginia 03/24/2009
Trial court did not err in finding evidence was sufficient to convict appellant of robbery and use of firearm as principal in second degree where evidence proved appellant shared the principal’s criminal intent
3088074 Walter E. Cuadra Neria, a/k/a Walter E. Cuadra v. Commonwealth of Virginia 03/24/2009
Trial court did not err in imposing a fine of $2,500 in conjunction with sentence of four years and six months incarceration for conviction of driving while intoxicated, fourth offense within ten years, as sentence falls within parameters of Code § 18.2-270(C)
0057082 Cassandra Diane Kocher v. Commonwealth of Virginia 03/17/2009
Trial court did not err in convicting appellant of grand larceny and uttering a forged check where evidence supported finding that appellant’s husband did not authorize appellant to endorse check and deposit it into her account; trial court did not err in refusing to reopen case where appellant had ample opportunity to obtain evidence prior to trial
1000083 Christopher M. Weaver v. Wythe County Department of Social Services 03/17/2009
Trial court did not err in finding evidence was sufficient to show appellant was unable, within a reasonable period of time, to substantially remedy conditions leading to child’s continued placement in foster care and that termination of appellant’s parental rights to his child was in child’s best interests
1861084 Steven O. Allen v. Wright's Buick, Inc. and Zurich Direct Underwriters 03/17/2009
No error in commission’s decision ordering a change in appellant’s treating physician to a physician located closer to his home
2074072 Johnathan Wesley McMillan v. Commonwealth of Virginia 03/17/2009
Evidence was sufficient to support appellant’s conviction of attempted capital murder where appellant drove his vehicle directly at the officer’s vehicle and accelerated until he hit it; possession of concealed weapon by felon reversed and dismissed where evidence was insufficient to prove scuba knife appellant possessed was a weapon
2182072 Gerald Lorenzo Anderson v. Commonwealth of Virginia 03/17/2009
No error in trial court’s denial of motion to suppress appellant’s statements where public safety exception to Miranda requirements permitted appellant’s response to officer’s question to be admitted; appellant’s issue regarding whether officer had reasonable suspicion to detain him barred by Rule 5A:18
2217082 Dwight Alexander Dixon v. Marjorie Hagood Weston Dixon Pugh 03/17/2009
Summary affirmance – trial court did not err in dismissing appellant’s “Complaint or Motion to Vacate Judgment” where attorney’s fees and costs at issue were not included in lump sum spousal support award and were not addressed by Supreme Court in prior appeal
2219082 Stephen D. Howard v. Joey L. Howard 03/17/2009
Summary affirmance – no error in trial court’s findings regarding amount of spousal support, in valuing equity in former marital residence, marital debit and mortgage payments, and in awarding attorney’s fees to appellee
2273082 Ruby V. Schwenk v. Charles R. Schwenk 03/17/2009
Summary affirmance – trial court did not err in entering final decree and in denying appellant’s motion to rehear as more than twenty-one days had expired since entry of decree and trial court no longer had jurisdiction over matter
2304074 Samuel Lee Adams v. Commonwealth of Virginia 03/17/2009
No reversible error in trial court’s refusal to redact information during sentencing phase from one of Commonwealth’s exhibits where other exhibits that appellant did not object to contained substantially similar language regarding appellant’s prior statements regarding his drug use and conviction orders showing appellant pled guilty to drug charges were admitted
2309081 Lynn Michelle Favors v. Dennis Michael Favors 03/17/2009
Summary affirmance – no error in trial court’s rulings imputing income to appellant, on appellee’s income and expenses, on the amount of spousal support, and on the award of attorney’s fees
2545083 Terri Osborne Rader v. Dominion Enterprises Trading Publishing, et. al. 03/17/2009
Summary affirmance – no error in commission’s finding that appellant’s accident did not arise out of her employment and that deputy commissioner did not abuse her discretion in refusing to admit certain x-rays into evidence
2993072 Thomas Eugene Monroe v. Commonwealth of Virginia 03/17/2009
Trial court did not err in refusing to instruct jury on voluntary manslaughter and accidental killing where evidence did not show appellant shot the victim accidentally and any heat of passion had more than ample time to abate before appellant drove to shop and shot victim
0045082 Melvin P. Wade v. Commonwealth of Virginia 03/10/2009
Appellant’s argument that his mid-trial guilty plea was not knowing and voluntary barred by Rule 5A:18; trial court did not err in relying on victim loss statements to determine reasonable amount of restitution
0276084 Lawrence L. Huver, III v. Commonwealth of Virginia 03/10/2009
Trial court did not err in finding evidence was sufficient to support conviction of possessing a firearm silencer not registered to appellant; Code § 18.2-308.6 does not violate Supremacy Clause
0342083 Earl Lamont Boxley, Sr. v. Commonwealth of Virginia 03/10/2009
Trial court did not err in finding evidence sufficient to support appellant’s convictions of possession of cocaine, possession of an imitation Schedule I or II drug with intent to distribute, and obstruction of justice
0617081 David Samuel Lewis v. Commonwealth of Virginia 03/10/2009
Trial court did not err in finding evidence was sufficient to support conviction of possession of heroin given the actual possession of the heroin in appellant’s pocket, appellant’s admission that he was a “user,” and the informant’s knowledge
1631084 Verizon Services Corporation v. Helen Marie Gee 03/10/2009
Summary affirmance – commission did not err in finding appellant failed to prove appellee was capable of performing light duty work, that a change in treating physicians was not warranted, and that appellee was eligible for reinstatement of her temporary total disability benefits
2153072 Harrison Lee Kanczuzewski v. Commonwealth of Virginia 03/10/2009
No error in appellant’s conviction of animate object sexual penetration where trial court accepted victim’s testimony that penetration was non-consensual as credible and evidence proved that the touching involved more force than amount of force required to accomplish unlawful touching
2196081 Kevin James Riley v. Kimberly Wilson Riley 03/10/2009
Summary affirmance – no error in trial court’s finding that appellant did not meet his burden in tracing his separate contributions to parties’ real estate; additional issues regarding equitable distribution and spousal support waived under Rule 5A:20(e)
2241083 Frederick A. Wright v. Lynchburg Department of Social Services 03/10/2009
Summary affirmance – termination of appellant’s parental rights to his children summarily affirmed where appellant did not make a contemporaneous objection at trial level and Rule 5A:18 bars consideration of question raised on appeal
2299074 Ronald Michael Young, Jr. v. Commonwealth of Virginia 03/10/2009
Trial court did not err in denying motion to suppress appellant’s statements to officers where evidence shows appellant validly waived his rights; evidence is sufficient to support appellant’s conviction of robbery
2319084 Grinsis Yasmin Rivera v. Fairfax County Department of Family Services 03/10/2009
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children; trial court did not err in finding relative placement of one child was not a viable option
2326083 Annabelle Wright v. Lynchburg Department of Social Services 03/10/2009
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her children was in their best interests and that appellee provided reasonable services to appellant
2623083 Timothy Wayne Bradley v. Southern Air, Inc. and Liberty Mutual Insurance Company 03/10/2009
Summary affirmance – decision of commission affirmed without addressing merits of appellant’s argument on appeal where appellant does not challenge commission’s specific findings regarding his low back and left hip claim and those findings are binding and conclusive upon us
2927072 Judson Jeffrey Harris v. Commonwealth of Virginia 03/10/2009
Appellant’s contention that trial court erred in failing to reverse his termination from drug court based on his claim that termination violated his due process rights under Fourteenth Amendment barred by Rule 5A:18; trial court found appellant guilty and sentenced him pursuant to plea agreement and did not err in refusing to consider reasons for termination
3012074 Basim Dauwd Jami, s/k/a Basim Dawud Jami v. Commonwealth of Virginia 03/10/2009
Trial court did not err in denying appellant’s motion for a continuance after granting the Commonwealth’s motion to amend the indictment where appellant did not show he was prejudiced by the trial court’s denial of the motion
0453084 Pamela L. Cave v. George R. Opria 03/04/2009
Appellant’s appeal concerning a prenatal paternity test is moot as the child has been born and paternity has been established; appeal dismissed as moot
2292072 Monte Leshon White v. Commonwealth of Virginia 03/04/2009
Trial court did not err in finding police had probable cause to seize the firearm and reasonable suspicion to detain appellant; trial court erred in denying appellant’s motion to suppress his statements regarding the firearm when it found appellant was not entitled to Miranda warnings before the officer asked appellant whether the firearm was his
3073071 Tyrone Lamont Waller v. Commonwealth of Virginia 03/04/2009
Trial court did not err in denying appellant’s motion to suppress evidence seized from appellant’s mother’s house where trial court declined to credit the mother’s testimony that the search was coerced and appellant’s argument relies solely and entirely on that testimony
0145082 Walker J. Tackett v. Commonwealth of Virginia 02/24/2009
Trial court did not err in determining evidence was sufficient to support conviction of grand larceny of copper wire where it proved appellant was the criminal agent and value of wire was proven to be over $200 based on owner’s opinion testimony
0295082 Elizabeth Pollard Noakes v. Commonwealth of Virginia 02/24/2009
Rehearing En Banc Granted
0331081 Mary L. Biernot v. Joseph L. Biernot 02/24/2009
No error in trial court’s classification of a parcel of land purchased during the marriage as hybrid property and in its assessment of appellee’s separate interest in the land
0345083 Thomas L. Switzer v. Paula Fridley, Samuel Smith andJodi Smith 02/24/2009
Summary affirmance – absent a proper record, Court is unable to address issues raised on appeal where appellant took no action within twenty-one-day period of Rule 1:1 to make a record or obtain a transcript or signed written statement of facts
0916082 Michael P. Martin v. Eileen M. Martin 02/24/2009
No error in trial court’s order increasing amount of spousal support to appellee where it did not abuse its discretion in only imputing income of $500 to appellee, in finding appellee demonstrated a need for increased support, and finding appellee was entitled to be maintained in manner she was accustomed during the marriage
0948084 Ciracharo Acquisition Corporation and American Home Assurance Company v. Beulah Kay Sadler 02/24/2009
Under Hitt Construction v. Pratt (decided February 17, 2009), decision of commission reversed where appellants timely argued that commission was improperly constituted to make a decision in this case; remanded for reconsideration
2171081 James Edward Weal v. Bessie Vinnie Weal 02/24/2009
Summary affirmance – no error in trial court’s equitable distribution award of the marital residence
2948073 Lindsay Alan Bly v. Commonwealth of Virginia 02/24/2009
Rehearing En Banc Granted
0612083 Thomas Maurice Vaughn v. Commonwealth of Virginia 02/17/2009
Trial court did not err in revoking appellant’s suspended sentences and reinstating a portion of those sentences
0682083 Charles Wright Strickland, Sr. v. Jones Brothers, Inc. and Zurich American Insurance Company 02/17/2009
Commission did not err in finding appellee failed to show he made a reasonable effort to market his remaining work capacity
1815073 Lord Quikzonious Judah, s/k/a Lord Quickzonious Judah v. Commonwealth of Virginia 02/17/2009
No error in trial court’s finding that appellant’s Alford pleas were entered voluntarily, freely, and intelligently and trial court found evidence proffered by Commonwealth sufficient to support convictions
1925073 Larry Keith Harman, s/k/a Larry Keith Harmon v. Commonwealth of Virginia 02/17/2009
Trial court did not err in denying appellant’s motion to suppress blood test evidence, in finding evidence sufficient to support conviction of assault and battery of police officer, in denying appellant’s motion in limine where he sought to preclude admission of blood test results, in overruling his objection to prosecution’s closing argument, and in denying motion for new trial
1990082 Michael C. Jarrett v. Virginia Employment Commission and Hindlin Broadcasting, LLC 02/17/2009
Summary affirmance – trial court did not err in denying appellant’s claim for unemployment benefits where he voluntarily left his employment without good cause
2611073 Wesley Eugene Baker, II v. Commonwealth of Virginia 02/17/2009
Trial court did not err in refusing to conduct further inquiry into defense counsel’s alleged conflict of interest where facts did not rise to the level of an apparent and obvious conflict of interest; trial court did not err in admitting certain evidence over his objections where documents were adequately authenticated
2794073 Randy L. Showalter v. Linda L. Showalter 02/17/2009
Trial court did not err in determining child custody, spousal support, and equitable distribution; appellant’s additional questions procedurally defaulted
2902073 David Lynn Hall, Jr. v. Commonwealth of Virginia 02/17/2009
No error in appellant’s conviction of carnal knowledge of a child between thirteen and fifteen where evidence was sufficient to prove beyond a reasonable doubt that appellant was over the age of eighteen and trial court had jurisdiction to try indictment against appellant
0005081 Leon Gary Newsome v. Commonwealth of Virginia 02/10/2009
Appellant’s convictions of second-degree murder and use of a firearm in commission of a felony affirmed where record shows appellant failed to make a timely objection to the trial date and, as such, the time period cannot be attributed to Commonwealth for statutory speed trial purposes
0210082 Stanley Leon Robinson v. Commonwealth of Virginia 02/10/2009
No error in appellant’s conviction of possession of cocaine with intent to distribute based on the amount of cocaine, the size of the unwrapped rock, the lack of a smoking device on appellant’s person, and the absence of any signs of chronic drug abuse
0468081 Antonio Nathaniel Golden v. Commonwealth of Virginia 02/10/2009
Appellant’s issues raised on appeal that trial court violated his Sixth Amendment right of confrontation and his common law right of cross-examination are barred by Rule 5A:18
0725082 Jermaine Lamont Tunstall v. Commonwealth of Virginia 02/10/2009
Trial court did not err in the sentence imposed upon appellant where it was within the statutory sentencing range established by the General Assembly; sentencing guidelines are discretionary and not mandatory
0908081 Raheem Jamal Barnes v. Commonwealth of Virginia 02/10/2009
Trial court did not err in finding evidence supported intent to distribute element of appellant’s convictions of possession of cocaine with intent to distribute and possession of cocaine with intent to distribute near school property
1247071 Doncorrie Parham v. Commonwealth of Virginia 02/10/2009
Trial court did not err in finding evidence sufficient to convict appellant of carjacking where appellant and his accomplice demanded victim’s car key at gunpoint and were responsible for the movement of victim’s vehicle from where he parked it with intent to deprive victim of possession or control of vehicle
1380082 Tahayya A.M. Ansari v. Saeed Ahmad 02/10/2009
This Court lacks authority to exercise appellate jurisdiction and appeal dismissed without prejudice where custody and visitation order appealed from is interlocutory and does not adjudicate the principles of the cause
1698084 Alfred M. Ducharme v. Marilyn J. Miller, f/k/a Marilyn M. Ducharme 02/10/2009
Summary affirmance – trial court did not err in continuing child support for the disabled child who is no longer a minor by addressing the matter while considering appellee’s petition for a rule to show cause
1830072 Danta Roberts, s/k/a Danta Omar Roberts v. Commonwealth of Virginia 02/10/2009
No error in trial court’s denial of appellant’s motion to suppress where the anonymous tips, together with the officer’s observations, provided reasonable articulable suspicion for an investigative detention
2094081 Alisa Gay Whitt v. Gloucester Department of Social Services 02/10/2009
Summary affirmance – evidence proved by clear and convincing evidence that appellant’s parental rights to her son should be terminated and that the termination was in child’s best interests
2328072 Clayton Demond Wyatt v. Commonwealth of Virginia 02/10/2009
Trial court did not err in finding evidence proved that the 7.5 grams of tested cocaine, based on its packaging and amount, was sufficient to support an intent to distribute
2355081 Viteri Construction Management, Inc. and Erie Insurance Exchange v. Faith L. Wilson 02/10/2009
Summary affirmance – commission did not err in awarding appellee permanent total disability benefits
2429081 Commodore Associates, Inc., d/b/a Commodore Theatre v. Virginia Alcoholic Beverage Control Board 02/10/2009
Summary affirmance – trial court did not err in affirming appellee’s finding that employee of appellant unlawfully sold alcoholic beverages to an underage buyer
2560072 Derwood Amelius Davis v. Commonwealth of Virginia 02/10/2009
Appellant’s conviction of possession of cocaine reversed and dismissed where evidence only proved appellant’s mere proximity to the cocaine found by officer
2572072 Keon Kearney v. Commonwealth of Virginia 02/10/2009
No error in appellant’s conviction of possession of cocaine with intent to distribute where at trial Commonwealth accounted for all vital links in chain of custody and evidence established specific intent to distribute
0014083 Harry M. Young, s/k/a Harry Moutier Young v. Commonwealth of Virginia 02/03/2009
Appellant’s question regarding whether trial court erred in refusing to permit him on cross-examination to inquire about certain detail of pending charges against one of the Commonwealth’s witnesses barred by Rule 5A:18; appellant also failed to proffer the substance of the expected testimony
0174082 Alisa M. Costanzo v. Vincent J. Costanzo 02/03/2009
Trial court abused its discretion by denying appellant’s request to amend her previously filed answer to the bill of complaint where granting the request would not prejudice appellee and was not merely a way to avoid trial
0318082 Rashad Jamar Cason v. Commonwealth of Virginia 02/03/2009
Trial court did not err in finding evidence was sufficient to support conviction of grand larceny where trial court could conclude that appellant made the unauthorized debits or aided and abetted the commission of the crime as a principal in second degree
0573074 Robert James Crabb v. Xavier Jara and Sally Jara 02/03/2009
Summary affirmance – no error in decision of trial court granting adoption petition filed by appellees where 2006 amendments removed the detriment-to-the-child standard and trial court, while not required to do so, made a finding from the bench that failing to grant the petition would be detrimental to the child
1201081 Aubrey Dwight Jones, Jr. v. Commonwealth of Virginia 02/03/2009
Trial court did not err in finding evidence was sufficient to support convictions of burglary, conspiracy to commit burglary, and wearing body armor while committing a crime
1293074 Brandon Michael Crawford v. Commonwealth of Virginia 02/03/2009
Trial court did not err in granting Commonwealth’s motion in limine to bar appellant from presenting an insanity defense where evidence would not permit a reasonable jury to conclude that appellant satisfied the M’Naghten standard
1398084 Dale Tracy Mecimore v. Alexandria Department of Human Services 02/03/2009
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four youngest children and approving permanent foster care plan for her two older children
2048081 Lora Bennett v. Richard G. Bennett 02/03/2009
twenty-one days had expired since entry of the final decree and the trial court no longer had jurisdiction over the matter
2076072 Daniel Lee Vesley v. Commonwealth of Virginia 02/03/2009
Appellant’s question contending the trial court erred in failing to determine that his plea of nolo contendere was voluntarily, intelligently, and knowingly made is barred by Rule 5A:18; evidence shows appellant signed written plea agreement and nothing in record shows appellant’s plea was anything other than knowing, voluntary, and intelligent
2340082 Cleaning Systems, Inc. et al. v. Michael Leigh Anderson 02/03/2009
Summary affirmance – commission did not err in awarding medical benefits and temporary total disability benefits to appellee
2402084 Richard L. Bailey v. Truland Systems Corporation and Hartford Casualty Insurance Company 02/03/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove he was totally disabled for a specified amount of time due to his compensable injury by accident
2869071 Angel Luis Rodriguez, Jr. v. Commonwealth of Virginia 02/03/2009
Trial court did not err in finding evidence was sufficient to support conviction of involuntary manslaughter where appellant’s intoxication caused the accident and the victims’ subsequent death
2968071 Adrian L. Smith v. Commonwealth of Virginia 02/03/2009
Appellant’s conviction of grand larceny of scrap metal reversed and dismissed where evidence was insufficient to show that the scrap metal appellant and a codefendant sold was same scrap metal stolen from business
3034071 Damien Chalk v. Commonwealth of Virginia 02/03/2009
Court declines to invoke the ends of justice exception to Rule 5A:18 where appellant benefited from the erroneous jury instruction that incorrectly stated elements of felony homicide and allowed appellant to be convicted of second-degree murder for conduct that otherwise would have amounted to greater offense of first-degree murder
0055081 Malcolm W. Swilling v. Commonwealth of Virginia 01/27/2009
Appellant’s argument regarding voluntary nature of his guilty plea barred by Rule 5A:18; trial court did not err in ordering sentence to run consecutively to time appellant serving on unrelated charges but matter remanded to trial court for imposition of sentence within statutory range
0103082 James O'Neal Kelly v. Commonwealth of Virginia 01/27/2009
Trial court did not err in finding appellant did not lay an adequate foundation on cross-examination for the introduction of extrinsic evidence of prior consistent statements made by two witnesses
1292083 Delores A. Scarberry v.Joey Scarberry 01/27/2009
No error in final decree equitably distributing marital property and denying spousal support after granting pendente lite support; trial court had no obligation to appoint a guardian ad litem to represent parties’ child
1477084 Daniel Messiha v. Alexandria Department of Human Services 01/27/2009
Any error in admitting certain testimony from social worker harmless where content of challenged statements admitted in exhibits or other testimony; evidence sufficient to support termination of appellant’s parental rights and approval of foster care plan
1835084 Samuel H. Brown, Jr. v. Kristen Ketchum 01/27/2009
Summary affirmance – transcript or statement of facts is indispensable to determination of issues raised on appeal and neither was timely filed
1869081 John H. Watson v. Marine Labor, Inc. and Companion Property & Casualty Insurance Company 01/27/2009
Summary affirmance – commission did not err in finding that appellant failed to prove his back condition was causally related to his compensable injury by accident, that he sustained total disability after April 9, 2007 causally related to his compensable injury, and that his average weekly wage was higher
2058081 Commonwealth of Virginia v. Tywan Lamar Kennedy 01/27/2009
Trial court erred in granting motion to suppress where appellee was unable to meet his burden of proving he retained a reasonable expectation of privacy in item after he tossed it out the window of a moving automobile; appellee did not establish he was subject to seizure of his person when he discarded the item
2359082 Delores Williams-Brooks v. Virginia Department of Social Services 01/27/2009
Summary affirmance – evidence was sufficient to support circuit court’s affirmance of a Level 3 founded disposition of physical neglect (inadequate supervision)
2378081 Food Lion, LLC and Delhaize America, Inc. v. Laura A. Grant 01/27/2009
Summary affirmance – no error in commission’s finding that appellee proved she was totally disabled as a result of her compensable injury by accident
2825071 Malik Corey Brown v. Commonwealth of Virginia 01/27/2009
Trial court erred in admitting hearsay testimony of victim to establish fair market cost of repairing the damage inflicted on victim’s vehicle was $1,000 or more; matter remanded to trial court for new trial on the lesser-included misdemeanor
2987071 Clinton Joseph Banks v. Commonwealth of Virginia 01/27/2009
Appellant’s conviction of grand larceny reversed where evidence did not support finding that value of stolen tire and rim was at least $200; as evidence supported finding that appellant was criminal agent who committed the larceny, matter remanded to trial court for imposition of new sentence on the lesser-included offense of petit larceny
0012082 Norman Wesley Wright v. Commonwealth of Virginia 01/20/2009
Trial court erred in trying appellant in his absence where evidence proved appellant failed to appear, but did not prove that appellant was voluntarily absent from trial
0304082 Jayvon Lartay Bass v. Commonwealth of Virginia 01/20/2009
Trial court did not err in denying motion to suppress where initial encounter between officer and appellant was consensual and officer had reasonable articulable suspicion that appellant was trespassing and was entitled to detain appellant to confirm or dispel his suspicion
0969081 Analea Fletcher v. Rey Abastillas 01/20/2009
Trial court did not err in finding a material change in circumstance since the last court order and that a change in custody from appellant to appellee was in best interests of children
1663073 Chauncey Lamont Montague v. Commonwealth of Virginia 01/20/2009
Trial court did not err in denying motion to suppress where evidence shows encounter between appellant and officer was consensual and that appellant was not seized until after officer learned of outstanding warrants for appellant’s arrest; evidence proved requisite intent to assault police officer
1988084 Kimberly I. Hoover v. Ivy H. Smith Co., LLC and Liberty Mutual Insurance Co. 01/20/2009
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of and in the course of her employment
2280081 Janet M. Gibbons v. City of Hampton School Board 01/20/2009
Summary affirmance – no error in commission’s denial of appellant’s claim for permanent total disability benefits or in its finding that appellant failed to prove her brain injury was so severe as to render her unemployable in gainful employment
2652072 Genev Denise Clark, s/k/a Geneva Denise Clark v. Commonwealth of Virginia 01/20/2009
Rehearing En Banc granted
2656072 Genev Denise Clark, s/k/a Geneva Denise Clark v. Commonwealth of Virginia 01/20/2009
Rehearing En Banc granted
2069082 Commonwealth of Virginia v. Lorenzo Butler 01/15/2009
Trial court erred in granting motion to suppress heroin discovered following appellee’s arrest where officer had probable cause to believe appellee had committed a crime and to arrest appellee
0089084 Deborah Clare Olson v. Scott Charles Olson 01/13/2009
No error in child support award where trial court’s overall rationale for the downward deviation from child support guidelines was not an abuse of discretion or a misapplication of the statutes
0295082 Elizabeth Pollard Noakes v. Commonwealth of Virginia 01/13/2009
No error in trial court’s finding that appellant acted with criminal negligence and was guilty of involuntary manslaughter
0339082 Tavares Lamont Brown v. Commonwealth of Virginia 01/13/2009
Trial court erred in denying appellant’s motion to suppress where the officer lacked probable cause to arrest appellant for possession of cocaine found on ground in folded lottery slip
0871084 Cynthia Brooke Evans v. Xerox Corporation, Inc. and Continental Casualty Company 01/13/2009
Commission did not err in awarding a lien to employer against a civil damages award from an action against a third party or in setting the amount of the lien awarded
1467081 Angela Marie Knight v. City of Suffolk Department of Social Services 01/13/2009
Summary affirmance – trial court did not err in finding evidence proved termination of appellant’s parental rights to her daughter was in child’s best interests
1468081 Angela Marie Knight v. City of Suffolk Department of Social Services 01/13/2009
Summary affirmance – trial court did not err in finding evidence proved termination of appellant’s parental rights to her daughter was in child’s best interests
1829072 Henry Garfield Hollie v. Commonwealth of Virginia 01/13/2009
No error in trial court’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant was the person who took victim’s wallet; appellant’s argument that evidence was insufficient to prove he took credit cards with the intent to use or sell them barred by Rule 5A:18
1989082 VCU Health System Authority v. Claudia Bouhaidar 01/13/2009
Summary affirmance – commission did not err in finding that appellee sustained an injury by accident arising out of and in the course of her employment or in deferring to the deputy commissioner’s determination that appellee’s testimony was credible
2093083 Commonwealth of Virginia v. William Larry Lasley 01/13/2009
Trial court erred in granting motion to suppress where probable cause principles authorized the officer’s action as a search incident to arrest and the presence of probable cause moots argument that the officer exceeded the scope of a weapons frisk
2897072 John Shepherd Bell, III v. Commonwealth of Virginia 01/13/2009
No error in trial court’s denial of appellant’s motion to suppress cocaine found in a cigarette box where that evidence was admissible under the inevitable discovery doctrine
2948073 Lindsay Alan Bly v. Commonwealth of Virginia 01/13/2009
Trial court erred in refusing to grant appellant a new trial where exculpatory evidence known to the police at the time of his trial regarding the informant was not disclosed to appellant prior to his trial
0541082 Robert Wayne Wyant v. Commonwealth of Virginia 12/30/2008
Trial court did not err in denying appellant’s motion to dismiss his indictments on speedy trial grounds where appellant, by counsel, either acquiesced or failed to object to each continuance
0833072 Kahihl Leonard Venable v. Commonwealth of Virginia 12/30/2008
Trial court did not err in denying appellant’s motion to suppress where evidence was discovered as a result of a lawful arrest on an outstanding warrant and initial encounter between officers and appellant was consensual
0863082 Tricord Homes, Inc. and WCAMC Contractors Group Self-Insurance Association v. Armistead Marcus Smith 12/30/2008
No error in commission’s decision that appellee’s left knee condition was a compensable consequence of the injury by accident and that appellee’s current right knee condition causally relates to injury by accident; decision that Code § 65.2-708 did not operate to bar medical benefits to appellee’s left knee condition reversed
2795074 Nancy A. Hey v. Arlington County Department of Human Services 12/30/2008
Termination of appellant’s parental rights to her child affirmed where record shows no reversible error in trial court’s decisions allowing child’s previous guardian ad litem to testify in narrative form, allowing testimony of expert witness, and finding termination was in best interests of child
2796074 Christopher Slitor v. Arlington County Department of Human Services 12/30/2008
Record shows trial court considered appellant as potential guardian and did not err in finding that best interests of child at issue would not be served by placing child with appellant
2840074 Louise Hey v. Arlington County Department of Human Services 12/30/2008
No error in trial court’s finding that best interests of child at issue would not be served by awarding custody of child to appellant, the child’s grandmother
0238082 Juwon Desmond Jenkins v. Commonwealth of Virginia 12/23/2008
Issue of whether appellant was denied due process when the Commonwealth was allowed to present evidence on rebuttal that contradicted the evidence presented during its case-in-chief barred by Rule 5A:18 where due process argument not made to trial court
0426082 Jasper Freeman McMichael v. M.M. Wright, Inc., et al. 12/23/2008
Commission did not err in discounting appellant’s version of events leading to his injury due to his intoxication or in finding, once discounting appellant’s version, that appellant was the aggressor
0482081 Wendy Nemetz v. Virginia Employment Commission and Weisbrod & Phillips 12/23/2008
Trial court did not err in affirming VEC’s decision that appellant voluntarily left work and was therefore not eligible for unemployment benefits
1709081 Dominion Virginia Power and Dominion Resources, Inc. v. Cleveland N. Robertson 12/23/2008
Summary affirmance – no error in commission’s award of benefits to appellee
1853083 Big Lots Stores, Inc. and American Zurich Insurance Company v. Gladys Delaine Moore 12/23/2008
Summary affirmance – no error in commission’s award of benefits to appellee
1859072 Leonard Terrell Whitaker v. Commonwealth of Virginia 12/23/2008
Trial court did not err in denying appellant’s motion to suppress where the totality of the circumstances demonstrates officer had a reasonable suspicion that appellant was involved in criminal activity; appellant’s admission that he was armed justified actions in retrieving firearm and arresting appellant
1891083 Trisha Robeson v. Roanoke City Department of Social Services 12/23/2008
No error in trial court’s finding that clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interests and that appellee satisfied the statutory requirements necessary to support termination
1915074 Cecilia Alexis Ruiz v. Commonwealth of Virginia 12/23/2008
Trial court did not err in admitting telephone records into evidence, in overruling appellant’s objection to the admission of documents witness testified he received from appellant, or in instructing jury; appellant’s other arguments waived under Rule 5A:18
2147082 Joseph Earl Byrd, Jr. v. Dominion Virginia Power and Dominion Resources, Inc. 12/23/2008
Summary affirmance – no error in commission’s findings that appellant failed to prove he sustained an injury by accident arising out of his employment and failed to present any medical evidence that he was totally disabled a result of work-related injury; limitations period barred awards of benefits for his earlier compensable injury
2220072 Victoria C. Lee v. Commonwealth of Virginia 12/23/2008
Issue of whether officer used a police policy to inventory towed vehicles as a pretext to search her vehicle barred by Rule 5A:18 where issue argued to trial court was that inventory search was not permissible because police were not taking possession of the vehicle
2656072 Genev Denise Clark, s/k/a Geneva Denis Clark v. Commonwealth of Virginia 12/23/2008
Appellant’s conviction of assault reversed and warrant dismissed where evidence was insufficient as a matter of law to prove her conduct of standing outside victim’s bus and shouting verbal threats constituted assault
2889074 Juliette Mosteller v. Christopher Brooks, Sr. 12/23/2008
Trial court did not err in fashioning the equitable distribution award or in awarding attorney’s fees to appellee
3049073 Steven Arnell Hairston v. Commonwealth of Virginia 12/23/2008
Trial court did not err in finding evidence was sufficient to prove beyond a reasonable doubt that appellant possessed the specific intent to commit larceny when he unlawfully broke and entered the victim’s home
0104083 Jon Franklin Painter v. Commonwealth of Virginia 12/16/2008
Trial court did not err in finding evidence was sufficient to prove appellant was aware of methamphetamine and firearms and that they were subject to this dominion and control
2036072 Russell Morgan Green, III v. Commonwealth of Virginia 12/16/2008
Appellant’s convictions of possession of cocaine and possession of marijuana affirmed where appellant’s consent was not product of coercion because he was validly stopped for a traffic offense and his detention was not unreasonably prolonged when he consented to the search
2092083 James Lee Gill v. A & G Coal Corporation and American International South Insurance Company 12/16/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his depression was causally related to his compensable injury by accident
2104084 Thomas Michael Tully v. Commonwealth of Virginia, Department of Social Services, and et al. 12/16/2008
Summary affirmance – trial court did not err in denying and or dismissing appellant’s appeal of several orders from juvenile court and in denying and dismissing other motions related to child support
1523081 Lawrence Fauntleroy v. Newport News Department of Human Services 12/09/2008
Summary affirmance – trial court did not err in dismissing appellant’s appeal of the termination of his parental rights to his child where he failed to appear and prosecute his appeal
1610073 Minh Ngoc Tran v. Commonwealth of Virginia 12/09/2008
Trial court did not err in refusing to strike a juror for cause who indicated she could be impartial and disregard news accounts she had read; trial court did not err in instructing jury
1834083 Sadia Covington v. Lynchburg Department of Social Services 12/09/2008
Summary affirmance – no error in trial court’s finding that clear and convincing evidence supported termination of appellant’s parental rights to her child and that termination was in child’s best interests
1873071 Krystallynn Magno v. Commonwealth of Virginia 12/09/2008
Trial court did not err in finding evidence was sufficient to prove appellant willfully refused to provide necessary medical care for her child to support conviction of abuse and neglect of a child
1924083 Wythe County Community Hospital/Lifepoint Hospitals, Inc., et al. v. Tina Michelle Shupe 12/09/2008
Summary affirmance – commission did not err in awarding temporary total disability benefits and medical benefits to appellee where commission fully considered appellants’ argument and simply rejected it as commission was entitled to do
2223072 Ronnell Deon Glasow v. Commonwealth of Virginia 12/09/2008
No error in appellant’s conviction of possession of a firearm by a nonviolent felon where evidence established appellant’s constructive possession of firearm in plain view on basis of more than appellant’s proximity to firearm
2256071 Bernard Luther Dennis v. Commonwealth of Virginia 12/09/2008
Trial court did not err in amending warrant or in denying motion to dismiss where, prior to the amendment, warrant provided appellant with notice of nature and character of offense charged; trial court did not err in admitting prior conviction order to establish conviction for second offense driving under the influence
2314074 Terrick D. Barnes v. Commonwealth of Virginia 12/09/2008
Trial court did not err in denying motions to suppress the victim’s identification of appellant and to suppress evidence seized from search of appellant’s residence; evidence was sufficient to support convictions of aggravated malicious wounding and use of a firearm in commission of aggravated malicious wounding
2320071 Anthony David McDonald v. Commonwealth of Virginia 12/09/2008
Trial court did not err in finding evidence was sufficient to prove appellant’s conviction of embezzlement where it proved appellant wrongfully and fraudulently printed and misappropriated for his own benefit two money orders
2627073 Penny Haskins v. Commonwealth of Virginia 12/09/2008
Trial court did not err in finding evidence was sufficient to support conviction of possession of cocaine where trial court found witness’ testimony neither inherently incredible nor contrary to human experience and proved appellant had dominion and control over pipe containing cocaine residue even if her possession of it was not exclusive
2835073 Robert Allen Tackett v. Commonwealth of Virginia 12/09/2008
Trial court did not err in finding statement at issue was not hearsay but was used as a prior inconsistent statement for impeachment purposes; as appellant’s hearsay question granted by Court differs significantly from his argument concerning failure to lay a proper foundation, Court will only consider hearsay argument on appeal
2854072 Russell Sourdiff v. Commonwealth of Virginia 12/09/2008
Trial court did not err in denying motion to suppress where it found officer reasonably believed that owner of residence had authority to consent to entry of room where appellant was found and resultant discovery of cocaine and marijuana in plain view did not violate appellant’s Fourth Amendment rights
1421082 Commonwealth of Virginia v. Michael J. Conyngham 12/08/2008
Trial court did not err in suppressing evidence seized from appellee’s home based on its conclusion that magistrate was misled as to the existence of probable cause
0036084 Nicole Kandill v. Eric Kandill 12/02/2008
Trial court erred in finding appellee proved a material change in circumstances had occurred justifying a reduction of his child support obligation
0224084 Mark David Andersen v. Vicki Jean Andersen 12/02/2008
Trial court did not exceed its jurisdiction under Rule 1:1 by entering offset orders where the “final decree of divorce” was not a final order as it omitted any ruling on the valuation of appellant’s interest in marital home; determination of issue of whether trial court misapplied the offset precluded because appellant did not timely file a transcript or statement of facts
1628083 Stuart Forest Products, LLC and Firstcomp Insurance Company v. Everett Lee Vance 12/02/2008
Summary affirmance – no error in commission’s decision finding appellee proved a good faith effort to market his residual work capacity and as such was entitled to temporary total disability benefits and finding appellee reasonably and substantially complied with appellants’ vocational rehabilitation efforts
2621071 Gordon Andrew Zedd v. Commonwealth of Virginia 12/02/2008
Trial court did not err in holding appellant in contempt of court for advising his client he did not need to appear on scheduled trial date because appellant assumed the trial court would grant request for a continuance; argument regarding summary rather than indirect contempt waived as not raised before trial court
0214083 Samuel Dinnitt East v. Beth Bailey East 11/25/2008
No error in trial court’s awards of spousal support or attorney’s fees to appellee
0664081 Capitol Mechanical Contractors, Inc. and Hartford Fire Insurance Company v. Douglas W. Jenkins 11/25/2008
No error in commission’s decision ordering appellants to pay benefits and penalties due under an outstanding award for disability benefits
0864082 Chicks Construction and WCAMC Contractors Group Self-Insurance Association v. Cesar Rojas Torres 11/25/2008
No error in commission’s award of temporary total disability benefits for the disputed period where commission found appellee was in fact totally disabled during the relevant period not merely that appellee believed he was totally disabled
0905073 Michael Edward Jones Holmes v. Commonwealth of Virginia 11/25/2008
Trial court did not err in granting the Commonwealth’s motion in limine to exclude any reference by appellant’s counsel to the consequences of a verdict of not guilty by reason of insanity during the guilt phase of trial
0919083 Commonwealth of Virginia v. Dwayne Jamar Brown 11/25/2008
Trial court erred in treating appellee as a juvenile pursuant to Code § 16.1-272(A)(2) for purposes of sentencing on convictions for violating Code § 18.2-53.1; trial court was required to impose the mandatory minimum sentences set out in statute
0920083 Commonwealth of Virginia v. Demetrious Omar Brown 11/25/2008
Trial court erred in treating appellee as a juvenile pursuant to Code § 16.1-272(A)(2) for purposes of sentencing on convictions for violating Code § 18.2-53.1; trial court was required to impose the mandatory minimum sentences set out in statute
1308083 Scott Wayne Newton v. Bristol Department of Social Services 11/25/2008
Summary affirmance – no error in trial court’s finding that evidence proved by clear and convincing evidence that appellant’s parental rights to his children should be terminated and that termination was in children’s best interests
1614073 Jonathan Peter Grattan, II v. Commonwealth of Virginia 11/25/2008
Trial court did not err in finding that appellant was competent to stand trial or in excluding, pursuant to Code § 19.2-168.1(B), appellant’s mental health evidence regarding his sanity at the time of the offenses
2144082 Alice Marie Deane v. Marshalls, Inc./The TJX Companies, Inc. and et. al. 11/25/2008
Summary affirmance – no error in commission’s dismissal of appellant’s claim for temporary total disability benefits and mental duress on ground that it had been previously adjudicated and was res judicata
2194071 Guy Mark Aydlett, s/k/a Guy Adylett v. Commonwealth of Virginia 11/25/2008
No error in trial court’s finding that evidence was competent, credible, and sufficient to prove beyond a reasonable doubt that appellant was guilty of possession of cocaine with intent to distribute
0002081 Robert Pellek and Stacy Pellek v. Heather Ann Byers 11/18/2008
Trial court’s award of attorney’s fees to appellee is reversed and vacated as the trial court had no statutory authority to award attorney’s fees
0458081 James D. Ford v. Deborah A. Ford 11/18/2008
No error in trial court’s findings regarding the grounds for divorce, the spousal support award, and the classification and valuation of the parties’ property
1433082 Stanley Hubbard v. Cyrenne Hubbard 11/18/2008
Summary affirmance – no error in trial court’s rulings on the issues of spousal support, child support, and equitable distribution
1620071 Michael Anthony Dizon v. Commonwealth of Virginia 11/18/2008
As this Court declines to invoke the ends of justice exception to Rule 5A:18 in this case and holds that appellant’s argument on appeal is procedurally barred, appellant’s convictions for possession of cocaine, possession of a firearm by a convicted felon, and possession of a firearm while possessing cocaine are affirmed
1646073 Michael Wayne Vance v. Commonwealth of Virginia 11/18/2008
No error in trial court’s finding that appellant acted in a criminally negligent manner; appellant’s conviction of involuntary manslaughter is affirmed
1121081 Drew W. Allbritten v. Renee E. Allbritten 11/12/2008
Trial court’s order regarding child support reversed and remanded to trial court to determine whether a change in child support is justified and if so to provide written findings for any deviation from presumptive child support amount
1177083 Reginia Gayle Roman, f/k/a Reginia Gayle Price v. Vincent J. Price 11/12/2008
Summary affirmance – trial court did not err in confirming report of commissioner in chancery
2140074 Michael Joseph Hockensmith v. Commonwealth of Virginia 11/12/2008
No error in trial court’s findings that evidence supported venue was proper in Loudoun County and that evidence was sufficient to support finding that appellant possessed the cocaine in Loudoun County
2373072 Jennifer L. Dunwody v. John R. Dunwody 11/12/2008
Trial court did not err in applying factors contained in Code § 20-107.1(E) in awarding spousal support to appellee and did not err in awarding attorney’s fees and costs to appellee
2472071 Michael Andre Artis v. Commonwealth of Virginia 11/12/2008
Trial court did not err in failing to consider appellant’s motion to strike his DUI charge on constitutionality of local code section where he failed to give proper notice of his motion
2631071 Steven Lee Wood v. Commonwealth of Virginia 11/12/2008
Appellant’s contention that trial court erred in admitting a document showing a prior conviction for larceny during guilt phase of trial because it contained sentencing information without merit as nothing in record indicates information at issue was seen by jury
0088084 Mount Vernon Hospital and Inova Health System Foundation v. Betty Lou Devers 11/04/2008
Commission did not err in finding that appellee was entitled to permanent total disability benefits as a result of her compensable workplace injury
0326081 William John Miller v. Commonwealth of Virginia 11/04/2008
Trial court did not err in denying motion to suppress where officer had articulated his concern for officer safety, thereby, justifying the pat-down search of appellant
1161073 Edwin Lester Falls, Jr. v. Commonwealth of Virginia 11/04/2008
Trial court did not err in denying appellant’s motion to strike the Commonwealth’s evidence or in finding evidence was sufficient that appellant unlawfully possessed a firearm to support conviction of possession of a firearm after having been convicted of a felony
1409081 Dominion Virginia Power and Dominion Resources, Inc. v. Harold Dean Flora, Jr. 11/04/2008
Summary affirmance – no error in commission’s findings that appellee’s psychiatric disability was related to his compensable injury by accident, that he has been totally disabled and had no duty to market, that referral to psychologist was appropriate, that he has reached maximum medical improvement with regard to one leg, and that he sustained permanent partial impairment of leg
1591073 Kelis Allen Hamilton v. Commonwealth of Virginia 11/04/2008
Trial court did not err in finding that evidence was sufficient to find appellant was a member of a criminal street gang, that assaults of two of victims were committed by mob, and that appellant was a member of a mob that assaulted three victims
1972073 Pamela Ruth Hatfield v. Commonwealth of Virginia 11/04/2008
Trial court did not err in refusing to quash indictment where appellant failed to prove this conviction of embezzlement encompassed the same embezzlement for which she was indicted and pled guilty in a different county
2129073 Steven Albert Withee v. Commonwealth of Virginia 11/04/2008
No reversible error in trial court’s decision to allow investigating officer to testify that she did not believe child victim was lying, in allowing victim to testify to other acts committed on her by appellant other than date set out in bill of particulars, or in granting continuances either agreed to by his counsel or due to unavailability of Commonwealth’s witness
2264071 Elizabeth Ann Sedgwick, etc. v. Commonwealth of Virginia 11/04/2008
Trial court lacked subject matter jurisdiction to enter order modifying the conditions of sentence suspension more than 21 days after appellant’s 2002 sentencing order had become final; order requiring appellant to not take any action or seek custody or visitation of her child through any court, in any jurisdiction or country vacated
3094072 William Justin Wise v. Nelida Velazquez 11/04/2008
Trial court did not err in granting petition of appellee to amend her visitation with appellant’s minor child; claims that trial court erred in failing to find denial of visitation awarded to appellee would be harmful to child’s health or welfare, failing to find awarded visitation was in child’s best interest, and in refusing to allow him to present financial situation evidence without merit
1206082 Odessa W. Winfield v. Southside Virginia Training Center 10/28/2008
Summary affirmance – appellant’s arguments on appeal barred by Rule 5A:18
1297071 Tywone Lovell Wilkins v. Commonwealth of Virginia 10/28/2008
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of four counts of statutory burglary and four counts of grand larceny
1606084 Kenneth Fontaine v. Tina Fontaine 10/28/2008
Summary affirmance – record on appeal does not support appellant’s position on appeal that the trial court’s order regarding the effective date of a protective order is error
2143074 Ronald Michael Young, Jr. v. Commonwealth of Virginia 10/28/2008
Trial court did not err in denying motion to suppress appellant’s inculpatory statements made during his mistaken belief that the interview resulted from plea negotiations initiated by his counsel involving a different robbery
1050083 James William Burton v. Lisa Barile 10/21/2008
Summary affirmance – evidence supported trial court’s finding that equity in former marital residence should be divided equally
1210082 Trysha L. Graves v. Petersburg Department of Social Services 10/21/2008
Trial court did not err in determining evidence was sufficient to support finding that appellee proved by clear and convincing evidence that termination of appellant’s parental rights to her three children was in their best interests
1475084 Brad Allen Potter v. Team Ruthless, L.L.C. and Travelers Insurance Company 10/21/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his injury, sustained while participating in an employer-sponsored martial arts seminar, did not arise out of and in the course of his employment
1724073 Larry Daniel Walker, Jr. v. Commownealth of Virginia 10/21/2008
Trial court did not err in refusing to allow witness to testify about a statement that was allegedly made by a codefendant where appellant failed to establish that the witness himself was unavailable to testify; evidence was sufficient to support appellant’s conviction of grand larceny
2673072 John Sanford Boisseau v. Lee Wood Boisseau 10/21/2008
Trial court erred in classifying funds borrowed from appellant’s family trust, which were used to pay marital expenses from which both parties benefited, as appellant’s separate debt
2755072 The Haven Shelter & Services, Inc. v. Megan E. Hay 10/21/2008
Trial court erred in determining the evidence did not support the finding by the Virginia Employment Commission that appellee committed misconduct disqualifying her from receiving unemployment benefits; commission’s decision denying benefits reinstated
2765072 Virginia Employment Commission v. Megan E. Hay 10/21/2008
Trial court erred in determining the evidence did not support appellant’s finding that appellee committed misconduct disqualifying her from receiving unemployment benefits; appellant’s decision denying benefits reinstated
1070072 Saleem Ameer Williams v. Commonwealth of Virginia 10/14/2008
Trial court did not abuse its discretion in admitting letter written by victim to her school counselor as a recent complaint under Code § 19.2-268.2 or in failing to give jury cautionary instruction regarding the letter when appellant did not request such an instruction and trial court was not required to give one sua sponte
1123083 Commonwealth of Virginia v. Jonathan Ray Swift 10/14/2008
Trial court did not err in granting appellee’s motion to suppress where evidence was sufficient to support a finding that appellee did not freely and voluntarily give consent to search
1136084 Galeet Benzion Westreich v. Jonathan D. Westreich 10/14/2008
Summary affirmance – no error in trial court’s order granting primary physical custody of minor children to appellee and visitation to appellant
1600071 Antonio M. Lightfoot v. Commonwealth of Virginia 10/14/2008
Trial court erred in denying appellant’s motion to suppress where officers had no reasonable belief that appellant was armed and presently dangerous and appellant’s consent to search was causal result of the illegal pat down
2021072 Christopher Richmond Coleman v. Commonwealth of Virginia 10/14/2008
Trial court did not err in denying motion to suppress because officers had probable cause to believe appellant committed misdemeanor of possessing a concealed weapon; evidence was sufficient to support conviction of obstructing a law enforcement officer in performance of his duties where appellant knowingly, and without just cause, obstructed officers
2248073 Scott M. Scarborough v. Virginia Employment Commission and Schrader-Bridgeport International, Inc. 10/14/2008
Summary affirmance – decision of trial court affirming finding of Virginia Employment Commission that appellant was disqualified from receiving unemployment benefits because he was discharged for misconduct connected with work is affirmed
2964071 Christopher E. Hawk v. Helen J. Hawk 10/14/2008
Summary affirmance – appellant’s issues regarding decision of commissioner in chancery, which was accepted with a few changes by trial court, either barred by Rule 5A:18 or without merit
3057073 Jerrty Lee Stoneman v. Dana Grubb Stoneman 10/14/2008
Summary affirmance – appellant’s Rule 1:1 argument barred by Rule 5A:18; additional issue argued on appeal was not encompassed in the question presented
3132063 Livingston Pritchett, III v. Commonwealth of Virginia 10/14/2008
Trial court did not err in denying appellant’s motion for change in venue where appellant did not overcome presumption that he could receive fair trial in jurisdiction where crime occurred; trial court did not err in finding that reason for prosecutor’s peremptory challenge was race-neutral
0850082 Carol Lynn Rader v. Goochland County Department of Social Services 10/07/2008
Summary affirmance – no error in trial court’s approval of the permanent foster care plan and in refusing to adopt a specific visitation schedule for appellant’s visitation with her child
0899073 Charlie Bert Sloan, III v. Commonwealth of Virginia 10/07/2008
No error in trial court’s findings that evidence was sufficient to support appellant’s conviction of arson and that appellant was not entitled to a new trial due to a juror’s hearing impairment where record shows she was capable of discharging her duty as a juror
1078072 Brian Neil Wood v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding evidence was sufficient to support convictions pertaining to one of appellant’s victims and did not err in finding that appellant’s other victim was under age thirteen at the time of his sexual contact with her; convictions of taking indecent liberties with a minor, forcible sodomy, and aggravated sexual battery affirmed
1088084 Renee Rochelle Hamilton v. Peter Joseph Hamilton 10/07/2008
Summary affirmance – no error in trial court’s rulings on the child support award, contempt proceedings, and attorney fees award
1178073 Samuel Gochez v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of involuntary manslaughter where it proved appellant showed a reckless disregard for human life constituting criminal negligence
2090072 Genesis McLean, s/k/a Genesis Saunders McLean v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding evidence sufficient to support appellant’s convictions of second-degree murder and robbery where evidence proved appellant was present during and assisted in victim’s death, shared requisite criminal intent, and intended to take victim’s property at the time of the violence which caused his death
2235071 Brandon Carter, s/k/a Brandon Lee Carter v. Commonwealth of Virginia 10/07/2008
Trial court did not err in convicting appellant of abuse and neglect of a child where evidence proved appellant failed to obtain medical treatment for the badly burned baby while the child was under his care and responsibility
2959063 Eugene Bobby Calloway v. Commonwealth of Virginia 10/07/2008
Trial court did not err in finding that appellant violated the terms and conditions of his probation, in revoking appellant’s suspended sentences, and in declining to suspend any part of the reimposed sentences
3010074 Tonjia M. Demuth v. Richard P. Demuth 10/07/2008
Trial court erred in providing for an automatic change in custody of the parties’ child in the event of a possible change in circumstances
0236084 Daniel Payne Shadwell v. Commonwealth of Virginia, Department of Social Services, etc. 09/30/2008
Summary affirmance – no error in trial court’s denial of appellant’s motion seeking review of his appeal bond where statute pertaining to appeal of support arrearage from juvenile court contains no indigency exception
0404073 Wayne L. Rodgers v. Kelly D. Rodgers 09/30/2008
Summary affirmance – no error in trial court’s custody determination
0485082 Michael Allen Clark, Sr. v. Orange County Department of Social Services 09/30/2008
Trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant failed, without good cause, to main continuing contact with child, failed to substantially plan for child’s future for six months after he was placed in foster care, and termination was in child’s best interests
0781081 Steve Austin v. Newport News Department of Human Services 09/30/2008
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where evidence supported decision that termination was in children’s best interest
1046082 Commonwealth of Virginia v. Jermaine Marvin Moody 09/30/2008
Trial court erred in suppressing the firearm found at the scene and the statements appellant made to the police as officers had probable cause to arrest appellant and thus he was not improperly seized
1329072 Jermaine Leon Thurston v. Commonwealth of Virginia 09/30/2008
No error in appellant’s conviction of voluntary manslaughter where jury rejected appellant’s self-defense argument and found that evidence proved that amount of force appellant used was not reasonable in relation to the harm threatened
1485071 Michael Lee Ellis v. Commonwealth of Virginia 09/30/2008
Appellant’s argument on appeal, that trial court erred in admitting into evidence 911 calls because they were unduly prejudicial, was not made in the trial court and is barred by Rule 5A:18
0365082 Jasper Harris, Jr. v. Virginia Employment Commission et al. 09/23/2008
Summary affirmance – no error in trial court’s affirmance of VEC decision finding that appellant was disqualified from receiving unemployment benefits from his employer because his employer had discharged him for misconduct connected with his work
0578082 Qibla Angel v. Prince George Department of Social Services 09/23/2008
No error in trial court’s termination of appellant’s parental rights to her children where evidence proved appellant was unable or unwilling to remedy her problems resulting in foster care for her children and that appellant was unable to provide food, clothing, and shelter for her children
0689084 Bernard L. Dinicola, Jr. v. Target Corporation 09/23/2008
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by two-year statute of limitations and that claim was not compensable even if it had been timely filed
0860082 Nancy Kathryn Haussmann v. University of Virginia Hospital/Commonwealth of Virginia 09/23/2008
Summary affirmance – no error in commission’s finding that appellant’s asthma and allergies were ordinary diseases of life and she failed to prove that the conditions of her workplace caused her asthma and allergies
0999083 Sandy River Medical Center and Companion Property & Casualty Insurance Company v. Joan B. Holt 09/23/2008
Summary affirmance – no error in commission’s findings that appellants failed to prove appellee was capable of returning to her pre-injury employment and that appellee’s continuing disability is causally related to her compensable injury by accident
1174082 John Daniel Grantham v. B & S Landscaping, Inc., Sedgwick Claims Management Services, Inc. et al. 09/23/2008
Summary affirmance – no error in commission’s denial of appellant’s claim for medical expenses, mileage reimbursement, and prescriptions associated with treatment by a doctor and his claim for payment of the cost of gym membership and mileage reimbursement to the gym; appellee’s additional questions raised on appeal also without merit
1537071 Anthony Boone, s/k/a Anthony Breyeone Boone v. Commonwealth of Virginia 09/23/2008
Trial court did not err in finding that the totality of the circumstances demonstrated that appellant possessed marijuana with the intent to distribute it
1797071 Christopher Ryan Piggott v. Commonwealth of Virginia 09/23/2008
Trial court did not err in concluding evidence was sufficient to find that appellant attempted to kill the officer and supported conviction of attempted capital murder of police officer
1993071 Romann A. Thomas v. City of Hampton 09/23/2008
Trial court did not err in denying motion to strike where appellant’s convictable disorderly conduct was not comprised solely of conduct otherwise punishable under Chapter 24 of the Hampton City Code
2003071 Henry Milian, s/k/a Henry Lee Milian v. Commonwealth of Virginia 09/23/2008
Trial court did not err in denying motion to suppress evidence obtained as a result of a search warrant where facts appellant argues were wrongly omitted from affidavit for the search warrant had no bearing on existence of probable cause
2966071 Charlton Ali Gantt v. Commonwealth of Virginia 09/23/2008
Trial court did not err in denying motion to suppress the victim’s in-court and out-of-court identifications where trial court found victim’s identification was reliable; evidence was sufficient to support conviction of robbery
0518084 Al Gleeson Electrical Co., Inc . and Travelers Casualty and Surety Co. v. Forrest J. Hatcher 09/16/2008
Summary affirmance – no error in commission’s findings that appellee sustained an injury by accident occurring in curse of his employment, that appellee gave timely notice to appellants, and that appellee’s meniscus tear in his left knee was causally related to his compensable injury by accident
0988081 Tracy A. Kohut v. Piedmont Regional Education Program and VSBA Workers Compensation Group 09/16/2008
Summary affirmance – appellant’s arguments on appeal either waived or without merit
1043082 Euro Composites Corporation and Companion Property et al. v. William Frederick Lekebusch 09/16/2008
Summary affirmance – no error in commission’s finding that appellee proved his cervical surgery was causally related to his compensable injury by accident and therefore appellants are responsible for costs of that surgery and related treatment
1240081 Clifton Lee Burns, Jr. v. Northrop Grumman Corporation et al. 09/16/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his right lateral epicondylitis constituted a compensable occupational disease or ordinary disease of
2648073 Willard R. Meadows v. Daniel W. Smith 09/16/2008
Summary affirmance – appellant’s arguments on appeal either waived or without merit
1026073 Jason Ramon Jordn v. Commonwealth of Virginia 09/09/2008
Evidence was sufficient to support jury’s finding that appellant was guilty of first-degree murder where it proved that victim died as a result of a criminal act, that appellant committed the act, and that he did so willfully and with premeditation and deliberation
0106081 Teresa A. Grimes v. Warden L. Grimes 09/02/2008
No error in trial court’s finding of the spousal support award and the classification and valuation of the parties’ property
0597083 Julio Santos v. Franklin County Department of Social Services 09/02/2008
Judgment of trial court affirmed where a transcript or statement of facts is necessary for resolution of issue of sufficiency of evidence to support trial court’s decisions and appellant’s statement of facts was not timely filed with clerk of trial court
1465072 Irvin Stevens v. Commonwealth of Virginia 09/02/2008
Trial court did not err in admitting into evidence a certificate of analysis that had been improperly filed in another of appellant’s related cases and had been provided to him upon his request for the certificate of analysis in that case
0232073 Justin William Swanson v. Commonwealth of Virginia 08/26/2008
Evidence was sufficient to support jury’s holding that, by repeatedly ramming his truck into trooper’s cruiser, appellant engaged in conduct proving he intended to maliciously wound trooper; no fatal variance existed between indictment and proof at trial to require dismissal of hit-and-run char
0546084 Roman Douglas v. Alexandria Department of Human Services 08/26/2008
Trial court did not err in terminating appellant’s rights to her child where that termination was supported by clear and convincing evidence that appellant was unwilling or unable within a reasonable period of time to remedy substantially conditions leading to child’s placement in foster care
0727083 R.R. Donnelley & Sons Company v. Michael Rodgers 08/26/2008
Summary affirmance – no error in commission’s finding that appellee has suffered anxiety, depression, a mild traumatic brain injury, and post-concussive syndrome casually related to his compensable work-related injury
1971073 Janice G. Brown v. TJ Enterprises, Inc. and Companion Property and Casualty Insurance Company 08/26/2008
Summary affirmance – no error in commission’s decision that claim for medical treatment was barred by res judiciata and that appellant failed to sustain her burden of proving such treatment was causally related to her compensable injury by accident
2039073 Angel Lee Parks v. Wythe County Department of Social Services 08/26/2008
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interest and that appellee satisfied statutory requirements of Code § 16.1-283(B) to support such termination
2628074 Michael K. Hardey v. Elizabeth Metzger 08/26/2008
No error in trial court’s findings regarding the property settlement agreement, the contempt of court request, and the award of attorney’s fees to appellee; error in trial court’s calculation of prejudgment interest payable to appellee
0469082 Jamie Lynn Foster v. Madison County Department of Social Services 08/19/2008
No error in trial court’s decision to terminate appellant’s parental rights to her child where evidence proved termination was in child’s best interests, appellant failed, without good cause, to maintain continuing contact with child, failed to plan for child’s future, and failed to remedy substantially conditions which led to or required continuation of foster care placement
0538081 Sharon H. Welch v. Newport News Department of Human Services 08/19/2008
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved that termination of appellant’s parental rights to her child was in child’s best interests
0739081 Dominic D. Robinson v. Hampton Redevelopment and Housing Authority, et al. 08/19/2008
Summary affirmance – no error in commission’s finding that statute of limitations barred appellant’s claim and that appellant failed to prove any legal basis for tolling the statute of limitations
0932082 Hospira Worldwide, Inc. and XL Specialty Insurance Company v. Christine Schanne Cook 08/19/2008
Summary affirmance – no error in commission’s findings that appellee proved an injury by accident arising out of and the course of her employment and that appellee sustained a back injury causally related to the accident and award of medical benefits affirmed
0412072 Michael Wayne Frey v. Commonwealth of Virginia 08/12/2008
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of embezzlement where evidence proved appellant misappropriated victim’s funds when he cashed check and failed to purchase materials for which the check was given
0753082 Donald B. Kellum, III v. W.J. Rapp Company, Inc. and Commonwealth Contractors Group Self-Insurance 08/12/2008
Summary affirmance – appellant did not raise issue of whether commission erred in setting aside outstanding award based on its finding that award was procured by fraud, instead of terminating it, before the commission, and argument is barred by Rule 5A:18
0938083 Gary Lee Dillon v. Auto Truck Transport and Zurich American Insurance Company 08/12/2008
Summary affirmance – no error in commission’s affirmance of deputy commissioner’s decisions regarding appellant’s claim for benefits
0949084 Pilgrims Pride Corporation and Zurich American Insurance Company v. Angelica Pizano-Murillo 08/12/2008
Summary affirmance – no error in commission’s findings that appellants failed to prove appellee’s work-related injury was result of willful misconduct or violation of known safety rule and that appellee was entitled to temporary total disability benefits
0967073 Jesse D. Cayton, Jr., s/k/a Jesse Delwin Cayton, Jr. v. Commonwealth of Virginia 08/12/2008
No error in appellant’s convictions of the first-degree murder of his wife and use of a firearm in the commission of that murder where evidence was sufficient to conclude appellant acted with malice
0986073 Calvin Earnest Myers v. Commonwealth of Virginia 08/12/2008
Trial court did not err in admitting evidence from appellant’s ex-girlfriend in a victim impact statement and in considering unadjudicated criminal acts against ex-girlfriend in pre-sentence report at sentencing proceeding pursuant to appellant’s no contest plea
1006082 Blanche May Roberts v. Paramount King's Dominion/Viacom, Inc. et al. 08/12/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove injuries to her feet, ankles, or neck/shoulder as result of compensable injury by accident
1013072 Sarah Kathryn Starkey McMurtrie v. Daniel Hillenbrand McMurtrie 08/12/2008
No error in trial court’s decision to award sole legal and primary custody of parties’ children to appellee
1014072 Daniel Hillenbrand McMurtrie v. Sarah Kathryn Starkey McMurtrie 08/12/2008
No error in trial court’s decisions regarding its refusal to allow therapist to testify, its award of visitation to appellee, and its decision regarding child support
1347064 Helen Brazell v. Fairfax County Department of Family Services 08/12/2008
Summary affirmance – trial court did not err in denying appellant’s motion for a continuance; appellant’s arguments regarding her request for court-appointed counsel and the sufficiency of the evidence to support termination of her parental rights to three of her children barred by Rule 5A:18
1852071 Mark Bennett and Lisa Bennett v. Elizabeth Ann Bennett-Smith 08/12/2008
Trial court did not err in exercising jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act based upon temporary emergency jurisdiction and pursuit of custody by appellants in Virginia; trial court did not err in determining that appellants failed to rebut the parental presumption in favor of appellee and awarding sole legal and physical custody of child to appellee
2102063 Wendell Wallace Terry v. Commonwealth of Virginia 08/12/2008
Issue of whether trial court erroneously applied a defense of property standard rather than a defense of person standard in considering claim of self-defense is self-defeating as appellant denied committing any offense against the officers and produced no evidence in support of claim of self-defense and issue was only raised by counsel in closing argument
2595072 Willie Twyman v. Commissioner, Virginia Department of Social Services 08/12/2008
Summary affirmance – no error in trial court’s affirmance of agency determination that appellant sexually abused a child in his care
0714082 Commonwealth of Virginia v. Thomas Renaldo Johnson 08/11/2008
No error in trial court’s suppression of evidence as officer failed to corroborate any criminal behavior and had no factual basis upon which to rest a reasonable, articulable suspicion for making a traffic stop; as seizure of appellant was unsupported by reasonable suspicion of illegal activity, appellant’s Fourth Amendment protection against unreasonable searches and seizures was violated
0220072 Ernest Baker v. Commonwealth of Virginia 08/05/2008
No error in appellant’s conviction of trespassing where evidence proved the property appellant went upon was owned by another person and the property was posted with a “No Trespassing” sign
0380081 Donna M. Conner v. Commonwealth of Virginia/Department of Social Services 08/05/2008
Summary affirmance – trial court did not err in sustaining the administrative hearing officer’s decision of a sanction against appellant suspending her TANF benefits for her failure to comply with required job search requirements
0632082 Heather Horton Crossman v. Harrisonburg Rockingham Social Services District 08/05/2008
Summary affirmance - trial court did not err in finding it lacked jurisdiction and in dismissing appellant’s petition for visitation of child as child was over the age of eighteen
0797084 Michael Suggs v. Southland Concrete Corp. and American Home Assurance Co./AIG Domestic Claims, Inc. 08/05/2008
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by his willful misconduct
1657072 Gahaad Jackson v. Commonwealth of Virginia 08/05/2008
Trial court did not err in denying appellant’s motions to suppress evidence obtained from two searches; officer had reasonable articulable suspicion to stop appellant for violation of noise ordinance and officer’s motives for approaching appellant were irrelevant
1919064 Walter H.C. Drakeford v. Lisa M. Drakeford 08/05/2008
Trial court did not err in finding appellant in contempt for failure to pay an installment of a court-ordered monetary award as record does not show that trial court took any action to actually enforce the award during the automatic stay pursuant to appellant’s filing of a bankruptcy petition
2605074 C. G. v. Virginia Department of Social Services 08/05/2008
No error in trial court’s decision sustaining the administrative finding of appellee that appellant sexually abused his minor granddaughter; as the proceeding was civil in nature, appellant’s challenge to appellee’s subject matter jurisdiction is without merit
2693074 Denise S. Lee v. Frederick County Department of Social Services 08/05/2008
Trial court did not err in denying appellant’s motion to return custody of her child to her at the dismissal of the delinquency proceedings as the juvenile court lacked jurisdiction to dismiss one of the charges where it had earlier adjudicated the child delinquent and committed child to appellee and that final order was not appealed
2735071 State Water Control Board v. Captain's Cove Utility Company, Inc. 08/05/2008
Trial court erred in reversing decision of Board where, based on agency record, the decision to deny appellee’s application for a permit was supported by evidence and Board’s interpretation of its own regulations was not arbitrary and capricious
0756083 Morningstar Foods, L.L.C./Dean Foods Company et al. v. Richard Carl Perotti 07/29/2008
Summary affirmance – no error in commission’s finding that appellee proved his ongoing symptoms and associated medical treatment are causally related to his compensable injury by accident
1018072 Kenneth Anthony Clanton v. Commonwealth of Virginia 07/29/2008
Trial court erred in finding evidence was sufficient to support convictions of abduction and use of firearm in commission of abduction of infant where record does not support conclusion that appellant removed the child from parent’s room without legal justification
1781072 Tilman A. Nadolski v. Anja Ingebourg Heyne Nadolski 07/29/2008
Error in part in final decree determining rights of the parties under the parties’ post-nuptial agreement; matter remanded to trial court for further consideration
2035062 Issac Grinell Simmons v. Commonwealth of Virginia 07/29/2008
Trial court did not err in denying appellant’s motion to suppress evidence of cocaine found in the car he was driving just prior to his arrest for trespassing or in finding evidence sufficient that appellant unlawfully possessed the cocaine with the intent to distribute
2596072 Eurie Jones v. Sandra Jones 07/29/2008
Summary affirmance – appellant’s endorsement of “seen and objected to” on the final order is insufficient to preserve her issues for appeal under Rule 5A:18
2686074 Josiah Beatty v. Alexandria Department of Human Services 07/29/2008
Trial court did not err in terminating appellant’s parental rights to his three children as record does not support appellant’s conclusion that his constitutional rights under the Thirteenth and Fourteenth Amendments were violated
0153083 James Spencer Carr v. Pulaski County Department of Social Services 07/22/2008
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his minor son where it found clear and convincing evidence required termination
0253081 City of Norfolk School Board v. Dianne Mitchell 07/22/2008
Appellant’s argument of issue of termination for cause was never appealed to full commission and is barred by Rule 5A:18
0764083 Jerry Lee Salyers v. Mark Freeman Associates, Inc. and Amerisure Mutal Insurance Company 07/22/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove he has Meniere’s disease as a result of his compensable injury by accident
1005083 Jody Douglas Bales v. K & O Synthetics, Inc. and Auto-Owners Insurance Company 07/22/2008
Summary affirmance – commission did not err in dismissing appellant’s August 2006 claim with prejudice
1165071 Larmont D. Booker v. Commonwealth of Virginia 07/22/2008
Trial court did not err in denying appellant’s motion to suppress evidence obtained during lawful stop of vehicle and only a couple of minutes elapsed between the time officer asked appellant to wait behind vehicle and appellant’s admittedly lawful arrest
2398064 Darryl Ponce Kinnard v. Commonwealth of Virginia 07/22/2008
No error in trial court’s denial of appellant’s pretrial motion to sever his charges for separate trials where a reasonable jurist could find, under the facts of this case, that they were connected or constituted parts of common scheme or plan
2414074 David Irving Rosedale v. Pamela Joy Rosedale 07/22/2008
Trial court erred in awarding appellee more of appellant’s 401(K) plan than she requested; equitable distribution award reversed and remanded to trial court for further consideration
2726074 Bernard L. DiNicola v. Target Corporation 07/22/2008
Summary affirmance – no error in commission’s findings that appellant failed to prove he was disabled from work as a result of his compensable October 2004 injury by accident, that appellant failed to prove he sustained an injury by accident during the course of his employment in December 2005, and that the deputy commissioner did not err in failing to strike appellee’s defenses
2819074 Rashida Clayton v. Alexandria Department of Human Services 07/22/2008
Trial court did not err in denying appellant’s motion to dismiss the termination petition signed by an intern student and finding that the intern acted as an “agent” under the direction of her supervisor; no violation of appellant’s due process rights where appellee had no constitutional duty to provide appellant with legal counsel during family group conference
0023084 Larry S. Stotler v. Christina M. Duvall 07/15/2008
Summary affirmance – no error in trial court’s denial of appellant’s petition to hold appellee in contempt of the court’s final custody and support order
0499084 Riaz A. Khan v. Aerolink Transportation and Hartford Insurance Company of the Midwest 07/15/2008
Summary affirmance – no error in commission’s dismissal of appellant’s January 22, 2004 claim
0713071 Antoni Jamel Lee v. Commonwealth of Virginia 07/15/2008
Trial court did not err in admitting evidence that appellant possessed cocaine at the time of his arrest for possession of a firearm by a convicted felon
0812071 Darryl Tyrone Dozier, Jr. v. Commonwealth of Virginia 07/15/2008
Trial court did not err in denying appellant’s motion to suppress his recorded statement to police where evidence showed appellant reinitiated discussion with the officer after he had invoked his right to remain silent; appellant’s sufficiency of the evidence argument not preserved for appellate review
0977072 Melissa Greene, s/k/a Melissa A. Greene v. Commonwealth of Virginia 07/15/2008
Appellant’s sentence, pursuant to her guilty plea, for embezzlement affirmed as it falls within the permissible statutory range
1471072 Ricky O'Brian Campbell v. Commonwealth of Virginia 07/15/2008
Appellant’s conviction of leaving the scene of an accident involving personal injury or death is reversed as Court cannot determine, on the facts in the record, whether appellant was “involved” in the accident as contemplated by Supreme Court decision in Robinson v. Commonwealth, 274 Va. 45, 645 S.E.2d 470 (2007)
1863071 Eric Shapell Sanders v. Commonwealth of Virginia 07/15/2008
No error in appellant’s conviction of felony eluding where evidence was sufficient to support finding that venue was proper in City of Newport News; evidence was sufficient to prove appellant had been adjudicated delinquent at age 14; evidence was sufficient to support finding that appellant possessed cocaine beyond a reasonable doubt
2229072 John Quinn, Inc. and WCAMC Contractors Group Self-Insurance Association v. Lawrence E. Barry 07/15/2008
Award of temporary partial disability benefits to appellee reversed where appellee failed to meet his burden of proving that he had marketed his residual work capacity
3001073 Jeffrey Cassell v. Diana Billips, f/k/a Diana Cassell 07/15/2008
Summary affirmance – no error in trial court’s finding that division of appellant’s retirement benefits should not be limited to appellant’s salary as of the date of separation
0143083 Sue Ann Bowman v. Roanoke City Department of Social Services 07/08/2008
Trial court did not err in finding evidence was sufficient to show termination of appellant’s parental rights to her child was in child’s best interests
0391084 Ebrahim Radbod v. County of Arlington and Schaffer Companies, LTD. 07/08/2008
Summary affirmance – no error in commission’s finding that employer sustained its burden of proving appellant committed willful misconduct which barred his claim
0594083 Clyde Keith Cale v. Nibco, Inc. and Zurich American Insurance Company 07/08/2008
Summary affirmance – no error in commission’s decision to suspend appellant’s temporary total disability benefits based upon a finding that appellant was fully able to perform his pre-injury employment
0654072 Arik Wilder, s/k/a Arik Stefon Wilder v. Commonwealth of Virginia 07/08/2008
No error in appellant’s conviction of possession of a firearm after having been adjudicated delinquent as a juvenile of an act that would be a felony if committed by an adult where juvenile court records showed that appellant was declared delinquent as a result of carrying a pistol into a public school, a Class 6 felony
1202073 Andy Ray McKinney v. Commonwealth of Virginia 07/08/2008
Evidence sufficient to support appellant’s conviction of being a principal in second degree to voluntary manslaughter where appellant’s words, gestures, and actions demonstrated he shared the criminal intent to kill the victim
1588071 Dennis Wayne Mahoney Ramsey v. Commonwealth of Virginia 07/08/2008
Appellant’s conviction of receiving stolen property reversed and dismissed where evidence was insufficient to prove that appellant had possession and control of the stolen vehicle in the City of Virginia Beach
2033072 Cary Andrae Deslandes v. Commonwealth of Virginia 07/08/2008
No error in appellant’s conviction of failure to appear where evidence proved appellant’s failure to appear, even though appellant was incarcerated in another jurisdiction, was willful
2362072 Michelle Adams, a/k/a Michelle Adams Pulley v. Richmond Department of Social Services 07/08/2008
No error in trial court’s termination of appellant’s parental rights to her child where evidence proved reasonable diligence was exercised in investigating five family members with whom to place child prior to termination of her rights and evidence proved appellant was unable to remedy conditions leading to placement of child with social services within a reasonable time
0409082 Estate of James M. Sweeney, etc. v. Qualicon Corporation and et al. 07/01/2008
Summary affirmance – no error in commission’s finding that the deceased’s accident did not arise out of his employment
0414073 Jisten Todd Clemons v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of uttering forged currency where evidence was sufficient to support finding that appellant was aware he had passed counterfeit currency
0789072 Latasha Alon Gardner, s/k/a Lathasha A. Gardner v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of embezzlement where evidence was sufficient to prove appellant took currency having a value of more than $200 from her employer while working as a temporary employee
0956071 Walter D. Booker, Jr. v. Commonwealth of Virginia 07/01/2008
No error in trial court’s denial of motion to suppress where evidence supported finding that the officers had probable cause to search vehicle and were constitutionally authorized to do so without obtaining a search warrant or making any further showing of exigent circumstances
1107071 James Hampton v. Commonwealth of Virginia 07/01/2008
No error in trial court’s denial of motion to suppress where evidence proved appellant voluntarily approached officer in public place, officer did not restrict appellant’s movements, appellant was free to walk away but chose to remain and speak with officer, and nothing in record shows consensual encounter was transformed into a seizure
1258071 William Darnell Briggs v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of possession of a firearm after having been found guilty of a delinquent act that would have been a violent felony if committed by an adult where evidence showed appellant had been convicted of a felony, was fifteen at time of offense, and was committed to Department of Juvenile Justice
1372071 Aaron Ahmad Atkins v. Commonwealth of Virginia 07/01/2008
Appellant’s argument on appeal procedurally defaulted where appellant failed to proffer or avouch for the record what appellant’s codefendant would have said had codefendant been allowed to answer question regarding codefendant’s discussions with his attorney
2124072 Shayquan Quantae Marshall, s/k/a Shayquan Quontae Marshall v. Commonwealth of Virginia 07/01/2008
No error in appellant’s conviction of possession of cocaine with intent to distribute where evidence supported finding that appellant possessed 9.5 grams of cocaine, the method of packaging was consistent with appellant’s having purchased entire quantity from supplier, and appellant did not possess any devices for ingestion at time of his arrest
0260082 Amanda Napper v. Petersburg Department of Social Services 06/24/2008
Trial court’s decision terminating appellant’s parental rights pursuant to Code Section 16.1-283(B)(2)(a) is affirmed as there was no requirement that the department of social services provide rehabilitative services to appellant
0309083 Commonwealth of Virginia v. Gary R. Wilkins 06/24/2008
Trial court’s grant of appellee’s motion to suppress is affirmed as the search of appellee’s person was in violation of the Fourth Amendment
0393081 Joesph W. Cobb v. Danny Noco Corprew, Sr. and Uninsured Employer's Fund 06/24/2008
Summary affirmance – no error in commission’s finding that Danny Noco Corprew, Sr. was not subject to the jurisdiction of the Workers’ Compensation Act
0413083 McQuay, Inc. and Travelers Indemnity Company of America v. Scott M. Wood 06/24/2008
Summary affirmance – no error in commission’s finding that appellee proved ongoing partial disability after November 7, 2006
0417084 Hilton Hotels Corporation and Specialty Risk Services, Inc. v. Carmina Castro 06/24/2008
Summary affirmance – no error in commission’s decision awarding benefits to appellee
0471082 Musictoday, LLC and Peerless Insurance Company v. Rebecca Wren Snow 06/24/2008
Summary affirmance – commission did not err in finding that appellee proved she sustained an injury arising our of and in the course of her employment and that her subsequent medical treatment was causally related to the accident
0499071 Dontae T. Ebron v. Commonwealth of Virginia 06/24/2008
Appellant’s convictions for first-degree murder and use of a firearm in the commission of a felony affirmed where any error in admitting testimony under the state-of-mind exception to the hearsay rule was harmless
0572074 Saul Parada v. Commonwealth of Virginia 06/24/2008
Argument raised on appeal is barred by Rule 5A:18; appellant’s convictions are affirmed
0740081 Gregory F. Ingram v. The Film Factory and Virginia Commerce Group Self-Insurance Company 06/24/2008
Summary affirmance – no error in commission’s decision dismissing appellant’s July 19, 2007 claim, without prejudice, due to his failure to appear at the January 29, 2008 hearing and present evidence to support his claim
2700071 Catherine Budzyn, f/k/a Catherine Johnson v. Gary Johnson 06/24/2008
Summary affirmance – no error in trial court’s finding that certain real estate was maintained as marital property
2978071 Hampton Holiday Inn and Fireman's Fund Insurance Company v. Sandra B. Pearson 06/24/2008
Commission did not err in holding that appellant’s injuries arose out of her employment
0342071 Antoine Lee Whitaker v. Commonwealth of Virginia 06/17/2008
Trial court did not err in finding evidence was sufficient to prove appellant unlawfully possessed the cocaine found in a cigarette pack which he attempted to conceal in the corner of a couch
0576071 Maurice Reid Clinton, s/k/a Maurice Reid Clinton, III v. Commonwealth of Virginia 06/17/2008
Trial court did not err in finding statement appellant made to officer was not a clear and unequivocal assertion of his right to counsel
1084074 Todd William Kirksey-Waugh v. Commonwealth of Virginia 06/17/2008
Trial court did not err in admitting evidence of prior bad acts where appellant’s admission of prior carjackings he and codefendant committed established his intent and provided a causal, logical and natural connection; evidence was sufficient to support appellant participated as principal in second degree to carjacking and use of a firearm in commission of felony
1250074 Farid A. Zurmati, D.D.S. v. Virginia Board of Dentistry 06/17/2008
Trial court erred in finding evidence supported appellee’s finding that appellant engaged in deceptive billing in violation of Code § 54.1-2706(4); matter remanded to trial court for remand to appellee for reconsideration of sanction imposed upon appellant
1671064 Henh Chu Ngo v. Commonwealth of Virginia 06/17/2008
No reversible error in trial court’s decision to admit hearsay statements from two police officers where challenged statements were merely cumulative of other undisputed evidence
1849074 Darren Lamont Rice v. Commonwealth of Virginia 06/17/2008
Trial court did not err in refusing to allow appellant to withdraw his Alford pleas where appellant failed to proffer a reasonable defense to the charges and pointed to no evidence establishing a substantive, not merely dilatory or formal, defense to the charges
0047084 Town and Country Animal Hospital and American Home Assurance Company v. Sean R. Deardorff 06/10/2008
No error in commission’s award of benefits to appellee where evidence was sufficient to support finding that appellee’s injuries arose out of and in the course of his employment where appellee was fulfilling the duties of his employment when he was injured
0291083 Angler Construction Company LLC and et al. v. Rebel Starr Blankenberg 06/10/2008
Summary affirmance – no error in commission’s finding that appellee proved she was totally disabled as a result of her compensable injury by accident and that she suffers from post-traumatic headaches causally related to her compensable injury by accident
0561071 Theodore Derek Frenzel v. Commonwealth of Virginia 06/10/2008
No error in appellant’s conviction of indecent liberties with a minor, in violation of Code § 18.2-370(A)(1), where evidence was sufficient to find appellant exposed himself to a child with lascivious intent both knowingly and intentionally
1794074 Dimitrios S. Mastoras v. Rebecca A. Mastoras 06/10/2008
Trial court did not err in denying appellant’s motion for a change in custody where evidence did not prove a material change in circumstances since the parties entered the agreement awarding primary physical custody of child to appellee; no error in finding material change of circumstances had occurred warranting a modification of the visitation schedule
1916074 Leesburg Imports, L.L.C., t/a Leesburg Honda v. D.B. Smit, Commissioner, and et al. 06/10/2008
Trial court did not err in affirming and adopting the decision of the Commissioner which found appellant did not have standing to protest the establishment of a new dealership and denied appellant a formal evidentiary hearing
2133074 Amanda D. Lewis v. Vincent E. Hyman 06/10/2008
Trial court did not err in allowing the child’s guardian ad litem to remain in the case upon the appeal to circuit court, in awarding custody of child to appellee after considering Code § 20-124.3 factors, or in ordering monthly drug testing for appellee’s live-in girlfriend
2701071 Shahla Rahnema v. Mansur Rahnema 06/10/2008
Summary affirmance – Court finds appellant’s issues waived where she failed to provide sufficient principles of law, argument, or citation to legal authorities to fully develop arguments, failed to provide adequate record of trial proceedings to enable Court to understand nature of appeal and underlying facts, and failed to prove issue raised preserved under Rule 5A:18
2773063 Morgan Whitney Toler v. Commonwealth of Virginia 06/10/2008
Trial court did not err in granting a jury instruction that defined physical impairment where evidence showed victim suffered a permanent physical condition caused by the attack; evidence was sufficient to support conviction of aggravated malicious wounding
2899071 Amy Jo Riggin Custis v. Elvin Richard Custis, III 06/10/2008
Trial court erred in finding it lacked the authority to enforce payment of marital debt through its civil contempt powers where separation and property settlement agreement was incorporated into final decree of divorce
3136062 Carla Thornley v. Commonwealth of Virginia 06/10/2008
Trial court did not err in finding evidence was sufficient to convict appellant of third offense petit larceny where the record clearly shows the trial court did not consider inadmissible evidence of appellant’s prior drug distribution conviction but based its decision on the credibility of the witnesses
0032084 Joseph F. Korpsak v. Regina A. Korpsak 06/03/2008
Summary affirmance – decision of trial court upholding the separation agreement affirmed where appellant failed to present a sufficient record of evidentiary hearing in trial Court of Appeals
0141081 City of Chesapeake School Board v. Benjamin L. Walker 06/03/2008
Summary affirmance – no error in commission’s decision to invoke the doctrine of imposition to find appellee’s change-in-condition claim was not barred by Code § 65.2-708 or Rules of the Virginia Workers’ Compensation Commission
0213083 Commonwealth of Virginia v. Berton Mark DeBusk, III, a/k/a Burton Mark DeBusk, III 06/03/2008
Trial court erred in granting motion to suppress where appellee’s girlfriend’s entry into his home, while acting as a police informant, did not violate Fourth Amendment and that the recording of their conversation was with her consent
0332081 Francis N. Sanders Nursing Home, Inc. et. al v. The Estate of Lenora G. Giers by Robert R. Giers 06/03/2008
Summary affirmance – no error in commission’s decision to not allow appellants’ 2001 application for hearing to proceed to adjudication or be reinstated, rejecting appellants’ 2007 application for hearing, and awarding unpaid temporary total disability benefits to the estate
0443073 Shaun K-Yung Clark v. Commonwealth of Virginia 06/03/2008
No reversible error in trial court’s decision to admit officer’s testimony that citizens had previously complained about crimes in area where appellant was arrested; as Commonwealth not required to show appellant possessed firearm with drugs in threatening manner, appellant’s argument regarding sufficiency of evidence barred by Rule 5A:18 and no evidence shows miscarriage of justice occurred
2663074 Taunya Chappell v. Alexandria Department of Human Services 06/03/2008
No error in trial court’s termination of appellant’s parental rights to her four minor children under Code § 16.1-283(C)(2); no error in decision to admit exhibit of lower court orders to show procedural history and appellant was afforded trial de novo
2844071 Jacqueline Palmer Mercer v. Support Service of Virginia,Inc. and Twin City Fire Insurance Company 06/03/2008
Summary affirmance – no error in commission’s denial of appellant’s claims for temporary total disability benefits, permanent partial disability benefits for her back, mileage reimbursement, and neck injury as compensable consequence of compensable back injury
3031074 James Edward Greene v. Shirley Haynes Greene 06/03/2008
Summary affirmance – trial court did not err in finding appellant in contempt for failure to pay spousal support
0033072 Mitchell T. Jones v. Commonwealth of Virginia 05/27/2008
Appellant’s convictions of animate object sexual penetration and aggravated sexual battery did not violate Double Jeopardy Clause where evidence proved two separate acts; no error in denial of motion to strike where appellant was aware he was charged with a felony rather than misdemeanor; two of appellant’s arguments barred by Rule 5A:18
0535071 Ronald Ray Arms v. Commonwealth of Virginia 05/27/2008
Trial court did not err in denying motion to suppress where evidence supported finding that appellant consented to officer’s warrantless entry into his residence
0581071 James Lawrence Shelton v. Commonwealth of Virginia 05/27/2008
Evidence was sufficient to support conviction of attempted burglary where a rational trier of fact could conclude that appellant intended to break into victims’ residence and by opening outer glass door and trying to force open inner wooden door committed direct acts in furtherance of that goal
1683071 Sandra E. Rogers v. Daniel J. Rogers 05/27/2008
Appellant’s general objections to the divorce decree from which she appeals insufficient to satisfy requirements of Rule 5A:18; issues raised on appeal procedurally defaulted and decree is affirmed
1710072 Devin Jamar Jones v. Charlottesville Department of Social Services 05/27/2008
Termination of appellant’s parental rights to his child affirmed under Rules 5A:18 and 5A:20 where issue raised on appeal not issue raised in trial court and argument made in appellant’s brief is inadequate for appellate review
1784072 Javon Jackson v. Commonwealth of Virginia 05/27/2008
No error in appellant’s convictions of assault and brandishing a firearm where the two offenses were two separate and distinct acts, separated in time and space, and each conviction was sustained by different evidence; no violation of the Double Jeopardy Clause occurred
1795073 Chad William Edward Robeson v. Commonwealth of Virginia 05/27/2008
Trial court did not abuse its discretion in allowing Commonwealth to reopen its case to submit further evidence on element of penetration; evidence was sufficient to support conviction of sodomy of a child
2305064 Charles W. Helem v. Commonwealth of Virginia 05/27/2008
Trial court did not err in denying motion to suppress the key to the victim’s residence recovered from appellant’s key ring as it was admissible evidence under the inevitable discovery doctrine
2692072 Kathleen A. Duke v. Andrew L. Duke 05/27/2008
Summary affirmance – Trial court did not err in refusing to order appellee to pay appellant spousal support, in finding appellant underemployed and imputing income to her; issue regarding appeal bond barred by Rule 5A:18
0004072 Richard J. Chasen v. Karen S. Chasen 05/20/2008
No error in trial court’s award of spousal support to appellee; no error in trial court’s denial of appellant’s motion to correct alleged scrivener’s error where evidence did not support appellant’s contention that a clerical error was made
0120072 Cavell Devon West v. Commonwealth of Virginia 05/20/2008
No error in trial court’s denial of appellant’s motion to suppress his statements confessing his crimes where appellant did not make an unequivocal request for counsel prior to confessing
0450072 Quinton Darnell Whitted v. Commonwealth of Virginia 05/20/2008
Trial court did not commit reversible error in overruling appellant’s objection to admission of the certificate of analysis regarding DNA evidence where other evidence of appellant’s guilt was overwhelming
0484073 Estate of Courtney Hilton Rhoton v. Highlands Ambulance Service, et al. 05/20/2008
Commission’s award and holding that Ms. Rhoton’s injury and death arose out of her employment reversed based on decision of Virginia Supreme Court that reversed action of circuit court that sustained pleas in bar and remanded matter to circuit court for trial
0667073 Robert Howard Carrington v. Mary Ela Draper Carrington 05/20/2008
Trial court did not err in entry of final divorce decree; no error in its findings regarding granting divorce on no-fault grounds, finding appellant’s testimony exaggerated & histrionic, classifying marital property, in its equitable distribution of parties’ property, and in failing to award appellant spousal support
0896072 John Ross Smith v. Commonwealth of Virginia 05/20/2008
No error in trial court’s finding that it lacked jurisdiction under Code §§ 19.2-303 and 19.2-306 to entertain appellant’s motion to reduce the remaining period of a suspended sentence
2527073 Linda Martin Stokes v. James Willis Stokes, II 05/20/2008
Summary affirmance –counsel signed divorce decree “Seen and Objected to” without specifying any objections to findings regarding marital home; based on record before this Court, no evidence trial court abused its discretion in refusing to set aside the decree and rehear evidence based on motion to rehear filed on twenty-first day after entry of final decree
2528073 James Willis Stokes, II v. Linda Martin Stokes 05/20/2008
Summary affirmance – as final order signed “Seen and Objected to” without specifying any objections, appellant’s assignments of error barred by Rule 5A:18
3196061 Jeffrey Wayne Rowe v. Commonwealth of Virginia 05/20/2008
Evidence was sufficient to support appellant’s conviction of assault of police officer where officer was not employed by jurisdiction where assault occurred as jurisdictions had signed an agreement giving officers in one jurisdiction authority to perform duties in an immediate, apparent threat to public safety in another jurisdiction; officer engaged in his public duties
0007073 James Burdine Scalf, Jr. v. Commonwealth of Virginia 05/13/2008
Court declines to apply ends-of-justice exception to Rule 5A:18 where review of full record shows sentencing judge correctly understood his discretion and sentenced appellant within lawful scope of that discretion and determined appellant’s sentences would not run concurrently with related sentences imposed by federal court
0091084 S.E. Smith, Inc. and Southern Pilot Insurance Company v. Bernard Staten, S.E. Smith and et. al. 05/13/2008
Summary affirmance – no error in commission’s findings that appellee Staten sustained a new injury by accident arising out of course of his employment, his ongoing disability is causally related to that injury, and he made a reasonable effort to market his residual work capacity
0133083 Dennis Ray Harrison v. Commonwealth of Virginia/Department of Mines, Minerals and Energy 05/13/2008
Summary affirmance – no error in commission’s findings that appellant failed to prove his psychological condition is either a compensable occupational disease or a compensable ordinary disease of life and that he is totally incapacitated for all work due to that condition
0214073 Lieben Marie Patrick v. Commonwealth of Virginia 05/13/2008
Trial court did not err in admitting diagram of the scene as evidence; evidence was sufficient to support convictions of two counts of attempted second-degree murder and two counts of malicious wounding; no reversible error in the trial court allowing Commonwealth to inquire in a neutral manner whether appellant had used drugs in the hours before the offenses
1003071 George Andrew Hughes, Jr. v. Commonwealth of Virginia 05/13/2008
Trial court did not err in denying appellant’s motion to withdraw his guilty pleas where appellant did not provide any affidavits to support motion, produced no witnesses, and did not offer a reasonable foundation for a defense
1102071 Steven Allen Riddick v. Commonwealth of Virginia 05/13/2008
Trial court did not err in admitting statements victim made to others where the statements at issue fall within state-of-mind exception because they tend to prove identity of victim’s attacker; in view of other overwhelming evidence, any error in allowing appellant’s probation officer to testify was harmless; no error in trial court’s refusal to strike first-degree murder charge
1591061 Chakri, LLC v. STD, Inc. 05/13/2008
Appellant’s conviction of contempt affirmed where record shows appellant not found in contempt of order to which his assignment of error refers; appellant’s assignments of error regarding propriety of injunctions transferred to Supreme Court of Virginia pursuant to Code § 8.01-677.1
1727073 Brandon James Clark, a/k/a B-Easy v. Commonwealth of Virginia 05/13/2008
No error in sentences imposed based on appellant’s Alford pleas to several felonies where sentences imposed were within ranges set by legislature and well below statutory maximum even though sentencing guidelines recommended a lesser range
2297073 Melissa Butler v. City of Roanoke Department of Social Services 05/13/2008
Trial court did not err in finding it lacked jurisdiction to grant appellant’s “Motion for filing of Delayed Appeal” for review of the termination of her parental rights where motion was made well after trial court’s jurisdiction under Rule 5A:6 and Code § 8.01-428(C) had elapsed
2424061 Joseph C. Florio v. Barbara E. Clark, William B. Clark and Joyce Childers 05/13/2008
decision of court affirmed upon rehearing en banc
3062071 Commonwealth of Virginia v. Ronnie Lavon Williams 05/13/2008
Trial court did not err in finding the officers lacked probable cause to arrest the appellee and in suppressing evidence resulting from the search incident to that arrest
0250072 Ira Anderson, a/k/a Thomas Vernon King, Jr. v. Commonwealth of Virginia 05/06/2008
Trial court did not err in finding evidence contained in pre-sentence regarding the victim was not exculpatory and in denying appellant’s motion to set aside the verdict based on that evidence
0312072 Robert Carl Gray v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of assault and battery of a family member, third offense, affirmed where evidence was sufficient to prove a battery
0430072 Bernard Edward McCray v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of possession of a firearm by a convicted felon affirmed where evidence was sufficient to prove he had dominion and control over and constructively possessed the firearm
0705074 Karim Jehad Kahilil v. Commonwealth of Virginia 05/06/2008
No error in appellant’s conviction of robbery where record shows appellant implicitly consented to the mistrial and waived his double jeopardy rights
1022072 Michael Anthony Goode v. Commonwealth of Virginia 05/06/2008
Trial court erred in denying appellant’s motion to suppress evidence of narcotics found during an illegal search and entry into the motel room where appellant was staying
1166071 Ahmad Parker v. Commonwealth of Virginia 05/06/2008
No error in appellant’s convictions of distribution of or possession with intent to distribute a controlled substance and distribution of or possession with intent to distribute on or near school property where evidence showed appellant engaged in drug transactions directly observed by police and trial court found property he was on was open to public use
1604061 Roxanne Elizabeth Downs v. Commonwealth of Virginia 05/06/2008
Trial court did not err in refusing to allow expert testimony on a matter within the common experience and understanding of the jury where expert’s testimony was unnecessary for the jury to understand appellant’s mental state at the time she confessed to killing her daughter
1748072 Robert Wayne Brooks v. Spotsylvania Department of Social Services 05/06/2008
Trial court erred in finding evidence was sufficient to terminate appellant’s parental rights to his child; evidence did not support finding that appellant, without good cause, had been unwilling or unable to remedy conditions leading to child’s placement in foster care
1761072 Darlene Wallace v. Spotsylvania Department of Social Services 05/06/2008
Trial court erred in finding evidence was sufficient to terminate appellant’s parental rights to her child; evidence did not support finding that appellant, without good cause, had been unwilling or unable to remedy conditions leading to child’s placement in foster care
2063071 Victoria M. McWhorter v. Williamsburg/James City County and et. al. 05/06/2008
No error in commission’s finding that appellant failed to prove a casual relationship between the March 7, 2006 compensable injury and her claims for medical treatment subsequent to September 29, 2006
2330063 Alberto Bravo v. Commonwealth of Virginia 05/06/2008
Appellant did not show prejudice resulted from the trial court’s effective denial of his motion for a continuance and appellant proceeded with trial without four defense witnesses who did not appear for trial
2349073 Campbell Couty Department of Social Services v. William James Roberts, Jr. 05/06/2008
Trial court erred in finding appellant failed to present sufficient evidence to establish a prima facie case supporting termination of appellee’s parental rights to his daughter; matter remanded o trial court for further proceedings
2531073 Ladonna Michelle Nowlin v. Campbell County Department of Social Services 05/06/2008
Trial court did not err in terminating appellant’s parental rights to her daughter while not simultaneously terminating the child’s father’s parental rights where the parents, while not married, indicated their intent to remain a couple
2901061 George Nathanial Valentine, Jr., s/k/a George Nathan Valentine, Jr. v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of petit larceny affirmed where appellant’s argument on appeal of whether value of stolen property met $200 threshold required for grand larceny conviction irrelevant
3182061 Eric L. Francis v. Commonwealth of Virginia 05/06/2008
Appellant’s conviction of felony receiving stolen property reversed where evidence did not prove value of the stolen property was $200 or more and remanded to trial court for sentencing on misdemeanor conviction; appellant’s convictions of two misdemeanor counts of obtaining money by false pretenses affirmed
0121073 Terry Joe Lyle v. Commonwealth of Virginia 04/29/2008
No reversible error in appellant’s conviction of driving under the influence of alcohol where evidence of appellant’s intoxication was so compelling that any error involving admission of blood alcohol level was harmless
0209072 Raymond Wyatt v. Commonwealth of Virginia 04/29/2008
No error in appellant’s conviction of trespassing where evidence was sufficient to support trial court’s findings regarding appellant’s purpose for entering the victim’s property and whether appellant had a good faith belief that he had a right to be on the victim’s property
0286074 Latoya Powell v. Arlington County Department of Human Services 04/29/2008
Appeal dismissed where appellant, filing pro se, failed to properly perfect her appeal by not naming guardian ad litem, an indispensable party, in notice of appeal or accompanying certificate within thirty-day mandatory filing period
0592074 Michael Smallwood, s/k/a Michael T. Smallwood v. Commonwealth of Virginia 04/29/2008
Trial court did not err in admitting evidence of a prior domestic dispute between appellant and the victim where the probative value of the evidence outweighed any prejudice; any error in denying appellant opportunity to cross-examine witness about whether he was charged with a felony harmless under circumstances of this case
1332073 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services,etc. 04/29/2008
No error in trial court’s award of child support to mother; appellant’s petition for child support was sufficient to give courts jurisdiction to amend child support award
1697071 Norfolk Division of Social Services v. Serena Monroe 04/29/2008
Trial court erred in granting the motion to strike and dismissing appellant’s petition to terminate appellee’s parental rights where evidence was sufficient to establish a prima facie case sufficient for the termination of appellee’s parental rights
1821062 Robert Lee Cooke v. Commonwealth of Virginia 04/29/2008
Trial court did not err in denying motion to suppress on the ground that the motion was not timely filed; appellant, as the proponent of the motion, had the burden to pursue the matter by requesting a hearing to ensure motion was timely heard before trial date; conviction of possession of a firearm by a convicted felon affirmed
1964072 Ronald L. Sutton v. Alveta G. Sutton 04/29/2008
Summary affirmance – trial court did not err in ordering appellant to deliver items and money to appellee in compliance with parties’ property settlement agreement and prior orders of court
2927061 Lanford Beuns v. Commonwealth of Virginia 04/29/2008
Trial court did not err in denying motion to suppress where facts and circumstances were sufficient to provide police with probable cause to arrest appellant for possessing narcotics and police were entitled to search him pursuant to that arrest; informant had proven record of reliability
0035074 Christopher J. Martin v. Commonwealth of Virginia 04/22/2008
Trial court did not err in denying appellant’s motion to suppress where appellant’s statement did not constitute an unequivocal request for counsel stated with sufficient clarity that a reasonable police officer under the circumstances would have understood the statement to be a request for counsel
0068082 General Motors Corporation v. Ronald Wayne Adams 04/22/2008
Summary affirmance – No error in commission’s finding that appellant failed to prove that appellee was capable of returning to his pre-injury employment
0627074 Robert Allen West v. Commonwealth of Virginia 04/22/2008
Appellant’s convictions of second-degree murder and use of a firearm in commission of felony affirmed where any error in admitting testimony of the victim through a co-worker under the “state of mind” exception to the hearsay rule was harmless
0863073 Deborah Ann Stacy v. William Leslie Stacy 04/22/2008
No error in trial court’s interpretation of the parties’ property settlement agreement; trial court did not err in construing mortgage payments to be spousal support or in terminating those payments pursuant to Code § 20-109(A)
1435074 Sam Wright, Jr. v. Kim L. Hamilton-Wright 04/22/2008
No error in trial court’s equitable distribution, spousal support, or attorney’s fees awards; appellant’s challenges to the written statement of facts lack merit where trial court has authority to correct statement of facts at any time record remains in the trial court pursuant to Rule 5A:8(d)
1685072 Uppy's Convenience Stores, et. al. v. Dorothy S. Blanton 04/22/2008
No error in commission’s decision reinstating appellee’s temporary total disability benefits as evidence supported finding that her disability was total as of November 17, 2006 based on letter from her treating physician
2308064 Matthew James Pahno v. Commonwealth of Virginia 04/22/2008
Trial court did not err in admitting into evidence a letter found in appellant’s jail cell where it was relevant to issue of appellant’s sanity; any error in admitting appellant’s statement to the police or in granting jury instruction advising jury they could consider evidence of appellant’s character was harmless
2546072 Barry Jackson, Sr. v. Lancaster County Department of Social Services 04/22/2008
Summary affirmance –Trial court’s termination of appellant’s parental rights to his three children supported by clear and convincing evidence
2712072 Draper Aden Associates, Inc., at. al. v. Kenneth Aaron Bumgarner 04/22/2008
Summary affirmance – No error in commission’s decision dismissing appellee’s claim without prejudice where commission found appellee had not abused procedural process or shown deliberate disregard for commission’s authority
2919072 Spherion Atlantic Workforce, LLC, et. al. v. Olga H. Randolph 04/22/2008
Summary affirmance – No error in commission’s finding that appellee proved she was totally disabled due to her compensable injury by accident
3012061 Luria Nicole Greene v. Commonwealth of Virginia 04/22/2008
Trial court did not err in convicting appellant of misdemeanor offense of failing to answer a subpoena issued by the Virginia Department of Charitable Gaming where evidence proved appellant was served with the subpoena and willfully failed to appear
0251072 Richard Lawayne Gallimore, s/k/a Richard Lawayne Galimore v. Commonwealth of Virginia 04/15/2008
Trial court did not err in refusing to allow appellant to withdraw his Alford pleas made while jury was deliberating where request was not made in good faith and appellant did not have a viable or reasonable defense; trial court did not err in denying appellant’s motion to permit counsel to withdraw based on alleged conflict of interest
1633074 Mark Page Lintz v. Commonwealth of Virginia 04/15/2008
Jury did not err in rejecting appellant’s defense of good faith reliance and in finding appellant guilty of transporting a weapon into a courthouse
1745074 Wesley C. Smith v. Cheri Smith 04/15/2008
Trial court did not lack personal jurisdiction over appellant where he made a general appearance by filing an Answer and Cross-Bill to the bill of complaint without objecting to service; this issue also barred by res judiciata; appellant’s other issues procedurally barred
2243061 Joshua Lamont Franklin v. Commonwealth of Virginia 04/15/2008
Trial court did not err in denying motion to suppress statements appellant made to the police after being read his Miranda warnings as record shows statements were made voluntarily, knowingly, and intelligently
2322063 Teddious Devon Carter v. Commonwealth of Virginia 04/15/2008
Trial court did not err in denying appellant’s motion to suppress evidence where it found appellant’s attempt to conceal hand-rolled cigarette and fled when officers approached established reasonable suspicion of criminal activity
2522062 Bryant Bogle v. Commonwealth of Virginia 04/15/2008
Trial court erred in denying motion to suppress cocaine recovered by officer during pat-down search where incriminating character of substance was not immediately apparent to officer based on his tactile perception and surrounding circumstances were not sufficient to indicate the presence of contraband in appellant’s pocket
2727074 Kenneth Anderson, Sr. v. Alexandria Department of Human Services 04/15/2008
Summary affirmance – trial court did not err in finding evidence sufficient to support termination of appellant’s parental rights to his son
2860072 County of Chesterfield Police v. Dennis Michael Harry 04/15/2008
Summary affirmance – no error in commission’s finding that appellee suffers from post traumatic stress disorder and that it arose out of and in the course of his employment and did not result from causes outside his employment
0305072 Billie Denise Brown v. Commonwealth of Virginia 04/08/2008
No error in trial court’s finding that evidence was sufficient to support conviction for driving under the influence, second offense in ten years; no merit to claim that Commonwealth failed to provide appellant was potentially exculpatory evidence in the form of a breath test as Code § 18.2-268.2 does not impose obligation on officer to offer breath test
0337071 Scottie Smith, s/k/a Scottie Jovawn Smith v. Commonwealth of Virginia 04/08/2008
Trial court did not err in convicting appellant of possession of cocaine where evidence proved baggie of cocaine was plainly visible to officers, less than a foot from where appellant had been seated in vehicle, and appellant was nervous and sweating during contact with officers
0553071 Umah Joaquing Owens v. Commonwealth of Virginia 04/08/2008
Trial court did not err in admitting into evidence the protective order taken out by victim against appellant and the testimony of victim’s coworkers; evidence sufficient to support appellant’s convictions of first-degree murder and use of a firearm in the commission of murder
1138072 James Lorenzo Thomas v. Commonwealth of Virginia 04/08/2008
No error in appellant’s conviction of breaking and entering with intent to commit assault and battery where evidence proved appellant had no legal right of occupancy of apartment and appellant conceded such at trial; appellant’s argument regarding sufficiency of evidence to find he broke in with intent to commit assault and battery barred by Rule 5A:18
1325072 Timothy Lamont Booker, Jr. v. Commonwealth of Virginia 04/08/2008
Trial court did not err in denying appellant’s motion to withdraw his guilty pleas where record does not support appellant’s allegation that he was pressured into accepting the plea agreement
2409064 Brian Patrick Riley v. Commonwealth of Virginia 04/08/2008
Trial court did not err in convicting appellant of driving while intoxicated and maiming as a result of his driving while intoxicated where affirmative defense of unconsciousness was unavailable to appellant as he voluntarily ingested overdose of sleeping medication; evidence sufficient to support maiming conviction
2512072 Flippo Lumber Corporation and et. al. v. Deborah Ann Tomlin/The Estate of Randal Cary Tomlin 04/08/2008
Summary affirmance – no error in commission’s finding that employer failed to sustain its burden of proving that claim filed by wife of deceased employee was barred by willful misconduct
2772064 Samuel T. Ensley v. Commonwealth of Virginia 04/08/2008
Trial court did not err in admitting into evidence hearsay statements made by appellant’s alleged co-conspirators as those statements involved non-testimonial evidence and did not implicate the Confrontation Clause
2797074 Fairfax County School Board v. Joana N. Wiafe 04/08/2008
Summary affirmance – no error in commission’s finding that appellee proved she adequately marketed her residual work capacity
2931073 Commonwealth of Virginia v. Kerry Donnell Lee, Jr. 04/08/2008
No error in trial court’s finding that appellant successfully rebutted presumption that appellant was danger to the public and a flight risk and admitted him to pre-conviction bail
1197072 Ronald Beasley Chaney, s/k/a Ronald B. Chaney, III v. Commonwealth of Virginia 04/01/2008
Trial court did not err in denying appellant’s request to withdraw his guilty pleas before sentencing where appellant simply changed his mind and appellant’s actions did not support any viable theory of self-defense
1335073 Kathy Corena Walk v. Robert Bailey Walk 04/01/2008
Error in trial court’s distribution of marital property where trial court violated the statutory scheme by granting appellant additional marital property to supplement the spousal support award
1337074 Sherrie Mayo v. Gregory Mayo and The Barnes Law Firm 04/01/2008
Appellant’s issues pertaining to child custody, visitation, and child support summarily affirmed; issue pertaining to enforcement of an attorney’s lien is transferred to the Supreme Court of Virginia pursuant to Code § 8.01-677.1
2392073 Commonwealth of Virginia v. Derrick Antoine Hunt 04/01/2008
Trial court erred in granting appellee’s motion to suppress evidence of cocaine discovered after appellee’s vehicle was stopped at a proper checkpoint that was established pursuant to a plan embodying explicit neutral limitations on the conduct of the police and the officer who set up the roadblock was present in a supervisory capacity only
2790073 Timothy Bryan Meade v. Paramont Coal Company of Virginia, LLC/Alpha, and at. el. 04/01/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his herniated disc, resulting medical expenses and disability beginning August 26, 2006 were causally related to compensable December 30, 2004 injury by accident
2823073 Bartley Joe Reynolds v. Red Onion State Prison/Commonwealth of Virginia 04/01/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove his psychiatric treatment and/or post traumatic stress disorder are causally related to his compensable injury by accident
0069074 Nelson Mauricio Melendez v. Commonwealth of Virginia 03/25/2008
Court is unable to review appellant’s claim on appeal that trial court erred in denying his counsel the right to cross-examine witness in violation of the Sixth Amendment where no proffer of the expected testimony was made
0334073 Cory Matthew Stockman v. Commonwealth of Virginia 03/25/2008
No error in trial court’s finding that prosecutor’s remarks in closing argument did not amount to an adverse comment on appellant’s failure to testify and in not giving a curative instruction after denying motion for mistrial based on these remarks; issue regarding jury instructions waived under Rules 5A:18 and 5A:8(b)
1684074 Phyllis Denise Reese v. Mark Alan Reese 03/25/2008
Trial court did not err in denying appellant’s request for a continuance of custody hearing where she failed to exercise diligence in securing attendance of child witness and in determining appellee’s child care costs; trial court erred in its determination of the appropriate marital share of appellee’s military pension
1699063 Charlene Marie Whitehead v. Commonwealth of Virginia 03/25/2008
Trial court did not err in finding the evidence sufficient to support appellant’s convictions of thirty-two counts of receiving stolen property where evidence proved appellant either received stolen property from her boyfriend or aided in concealing property he stole; as these convictions are affirmed, no error in revocation in appellant’s suspended sentences
1720072 Central State Hospital/Commonwealth of Virginia v. Ashley M. Beckner 03/25/2008
No error in commission’s finding that appellee proved by clear and convincing evidence that her MRSA infection constituted a compensable ordinary disease of life and that there was a direct causal connection between her disease and her employment
1747073 Cleve Edward Curry v. Consol Engery, Inc. 03/25/2008
Commission did not err in accepting the opinion of the independent medical examiner that appellant did not suffer a compensable work injury and in discounting the opinion of appellant’s treating physician whose decision was based on incomplete facts
1768063 Elva Rosemary Nixon v. Commonwealth of Virginia 03/25/2008
Trial court did not err in denying motion to suppress appellant’s statements as she was not in custody when she was questioned by the police and was not entitled to Miranda warnings for her first two interviews, the waiver of her rights before third interview was not improperly tainted by first two statements; trial court did not err in striking juror for cause
1833074 Timothy Todd Buch v. Laura Jeanne Buch 03/25/2008
No error in trial court’s award of spousal support, child support, and equitable distribution in final divorce decree
2594062 Ki-Ho, s/k/a John Min v. Commonwalth of Virginia 03/25/2008
Trial court did not err in admitting the certificate of blood alcohol analysis in accordance with Code § 19.2-187 where appellant did not subpoena the “booking tech” and therefore waived his right to cross-examine the potential witness; appellant’s claim that this evidence is not “covered” under Code § 19.2-187 is barred by Rule 5A:18
0017073 Jonathan Lamont Sales v. Commonwealth of Virginia 03/18/2008
No error in trial court’s finding that evidence was sufficient to prove appellant’s constructive possession of drugs found on ground
0758071 Donald Davis v. Lesa Robinson 03/18/2008
No error in trial court’s findings that appellant was voluntarily underemployed and failed to prove a material change in circumstances to warrant reduction in spousal support; trial court erred in child support award in failing to impute income to appellant, in not including income from all sources, and failing to consider actual custody arrangement of parties
1147074 Gregory Leon Hammer v. Commonwealth of Virginia 03/18/2008
Trial court did not err in finding that appellant had actual notice of his habitual offender adjudication when he operated the vehicle in this case; two issues barred by Rules 5A:18 and 5A:20(c)
1273074 Ronald D. Wolfe v. Stephanie A. Arthur 03/18/2008
Trial court erred in its calculation of child support arrearages due to appellee under the parties’ marital settlement agreement; based on that error, issue of interest due on that arrearage award and matter to attorney’s fees remanded to trial court for reconsideration
1498073 John Victor Dritselis v. Mary Tsakires Dritselis 03/18/2008
Summary affirmance – no error in trial court’s award of spousal support and attorney’s fees to appellant
2478063 Steven Lawrence Pannell v. Commonwealth of Virginia 03/18/2008
Trial court did not err in denying motion to suppress out-of-court eyewitness identification of appellant in his burglary conviction; trial court did not err in denying motion to suppress gun discovered during a proper stop and frisk in his possession of a firearm by a convicted felon conviction
2551072 Commonwealth of Virginia v. Paige Elizabeth Anderson 03/18/2008
No error in trial court’s suppression of baggie of marijuana removed from appellee’s purse in her vehicle obtained in violation of Fourth Amendment
2802061 Robert Leland Hurt v. Commonwealth of Virginia 03/18/2008
No error in trial court’s finding that appellant knowingly and voluntarily waived his Miranda rights when he gave inculpatory statements to police; evidence sufficient to support conviction of first-degree murder
2807061 Patrick Troy Eleazer v. Commonwealth of Virginia 03/18/2008
Trial court did not err in denying motion to suppress fourteen-year-old appellant’s inculpatory statements where evidence proved appellant knowingly and voluntarily waived his Miranda rights and did not withdraw that waiver prior to questioning for murder
2990064 Peter J. Eisert v. Dawn M. Eisert 03/18/2008
Trial court did not err in determining the amount and duration of spousal support award to appellee, in determining the amount of the child support award, and in awarding attorney’s fees to appellee
3039062 Weston M. Sigsby v. Commonwealth of Virginia 03/18/2008
Trial court did not err in denying motion to dismiss the charges as violative of appellant’s speedy trial rights under Code § 19.2-243
0178071 Michael Shayne Brown v. Commonwealth 03/11/2008
Court declines to reconsider its ruling in prior interlocutory appeal of this case; evidence proves that even if admission of SANE report was error, it was harmless under facts of this case
0215074 John Cherin v. Patricia A. Cherin 03/11/2008
Trial court did not err in giving full faith and credit to Massachusetts judgment and in granting appellee’s motion to dismiss Virginia proceedings
0462072 Terrence Janssen Davis v. Commonwealth 03/11/2008
No error in trial court’s revocation of appellant’s suspended sentence on convictions of failure to register as a convicted sex offender where trial court found he violated a valid condition of probation
0702073 Jackie Dale Slate v. Commonwealth 03/11/2008
Error in appellant’s convictions of seven counts of rape where evidence did not prove the element of sexual intercourse; convictions of carnal knowledge affirmed
0728072 Margaret Bailey v. Halifax Department of Social Services 03/11/2008
Trial court did not err in terminating appellant’s parental rights to her son where evidence proved she was unable to remedy the condition leading to the removal and foster care of her son
2147071 Karen Staples v. Chesapeake Department of Human Services 03/11/2008
Termination of appellant’s parental rights to her child affirmed where question of whether trial court erred in considering petition for termination because petition did not specify which subsection of Code § 16.1-283 appellee was proceeding under barred by Rule 5A:18; evidence sufficient to support termination
2276071 Debra K. Lee v. Master Cleaners, Inc. and Virginia Commerce Group Self-Insurance Association 03/11/2008
Summary affirmance – appellant failed to prove she sustained an injury by accident arising out of her employment
2360072 Keon McDonald v. Henrico County Department of Social Services 03/11/2008
Summary affirmance – no error in termination of appellant’s parental rights to his daughter where clear and convincing evidence proved appellant failed to maintain contact with or substantially plan for the future of the child
2594072 Commonwealth v. David Kurnard Hackett 03/11/2008
Commonwealth’s failure to comply with the certification requirement of Code § 19.2-400 is not a jurisdictional defect requiring dismissal; trial court did not err in granting motion to suppress where evidence proved officer could not have seen hand-to-hand transaction unless he was in place he was not legitimately allowed to be
2676071 Summit Rehabilitation, P.C. and American Zurich Insurance Company v. Christine S. Edwards 03/11/2008
Summary affirmance – evidence proved appellee’s injury arose out of her employment; as appellants did not present issue of whether injury occurred in the course of the employment before the commission, issue barred by Rule 5A:18
2704071 Ricky B’s, Inc. and Northwestern National Casualty Company v. Lorrie Dianne Smith 03/11/2008
Summary affirmance – no error in award to appellee of permanent partial disability benefits based on the opinions of doctor
3075063 Ray Allen Abbett v. Commonwealth 03/11/2008
No error in appellant’s convictions of credit card fraud where evidence proved appellant did not have permission or authority to use ATM cards and to use proceeds from those cards for his personal use
3168063 Linda Anne Brown v. Commonwealth 03/11/2008
No error in appellant’s conviction of conspiracy to distribute methamphetamine where evidence proved appellant was aware of the contents of the envelope and that was an agreement between appellant and another to distribute the drugs
0147073 Todd Kendall Dunnings v. Commonwealth of Virginia 03/04/2008
No error in appellant’s convictions of two counts of taking indecent liberties with a child where evidence proved appellant maintained a supervisory or custodial relationship over the victims at the time he made certain proposals to them
0798073 Carlton Lee Wiley v. Commonwealth of Virginia 03/04/2008
No error in appellant’s convictions of two counts of distributing a Schedule I, II, III, or IV drug to a person under the age of 18 where evidence proved appellant knowingly and intentionally gave one child morphine and one child Darvocet
0853074 Joan Sherman v. William Sherman 03/04/2008
Trial court erred in its equitable distribution award when it failed to account for a gift given to appellant towards the purchase of the marital home and, thus, erred in failing to calculate appellant’s share of the marital home and when it failed to consider appellee’s negligence resulting in debt paid from marital assets
0936064 Barbara J. Livingston v. Theodore G. Nanz 03/04/2008
Trial court erred in reducing the award of spousal support to appellant when it failed to recognize the validity of a prior order that was not appealed and had become final; trial court erred in finding a material change in circumstances had occurred since the prior order
2462074 Frank Pregano v. United Airlines, Inc. 03/04/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained a compensable permanent hearing loss in his left ear by clear and convincing evidence
2951061 Nathan Lamont Ghee v. Commonwealth of Virginia 03/04/2008
No error in trial court’s finding that the Commonwealth proved beyond a reasonable doubt that appellant had been convicted of two prior larceny offenses and was subject to the enhanced penalties provision under Code § 18.2-104
0240071 Demetres Jerrod Rudolph v. Commonwealth of Virginia 02/26/2008
No error in trial court’s denial of appellant’s motion to suppress marijuana found in appellant’s vehicle where officer had reasonable suspicion to stop the vehicle
0605071 Brian Alexander Johnson v. Commonwealth of Virginia 02/26/2008
No error in trial court’s finding that Code § 18.2-308.4(C) is not void for vagueness as it applies to appellant where statute does not encourage arbitrary and discriminatory enforcement
0685073 Sam Moore Furniture Industries and et. al. v. Jerry Allen Smith 02/26/2008
No error in commission’s finding that the statute of limitations did not bar appellee’s shoulder claim; credible evidence supported commission’s finding that appellee’s temporary total disability status was ongoing
0858074 Angela Segura v. Fairfax County Department of Family Services 02/26/2008
Trial court did not err in finding it lacked jurisdiction to entertain appellant’s petition to reverse the termination of her parental rights where the child had been placed in the home of adoptive parents
0889071 George P. Barrett, Sr. v. Henrietta A. Gibbs-Barrett 02/26/2008
No error in trial court’s classification of equity attributable to appellant’s post-separation mortgage payments as appellee’s based on appellant’s fully performed agreement to pay the mortgage in lieu of support and no error in trial court’s award of the marital portion of the residence to appellee
2395064 Cheryl Ann Schoonmaker Brown v. Commonwealth of Virginia 02/26/2008
Trial court erred in convicting appellant of misdemeanor child abuse and neglect in violation of Code § 18.2-371 since it is not a lesser-included offense of Code § 18.2-371.1, the statute under which appellant was charged; conviction dismissed
2462061 Melville Dean Olson v. Commonwealth of Virginia 02/26/2008
Trial court did not err in its denial of appellant’s motion to suppress where the challenged evidence was obtained in a manner that did not violate appellant’s Fourth or Fifth Amendment rights
0277072 Charles C. Pitts v. Commonwealth of Virginia 02/19/2008
No error in appellant’s conviction of construction fraud where evidence proved appellant received an “advance,” that the advance was procured with a fraudulent intent, and that he failed to make good on the promise to perform work
0437074 Randy Brower v. Commonwealth of Virginia 02/19/2008
As appellant’s initial arrest of drunk in public was supported by probable cause, he had no right to resist the arrest; conviction of assault and battery of a police officer affirmed
0459074 Carl Ray Jackson v. Commonwealth of Virginia 02/19/2008
Appellant’s convictions of possession of cocaine and willful failure to appear affirmed where appellant’s arguments regarding whether trial court erred in denying motion to sever the charges for separate trials are barred by Rule 5A:18
0494074 James J. D.Ambrosio v. Debra M. Fowler 02/19/2008
No error in trial court’s decision, after considering the best interests of the child, to award primary physical custody of child to appellee, requiring a reasonable notice provision requiring notice to attend child’s special events outside appellant’s visitation times, governing medical decision making authority or in award of child support
0546072 Bonnie F. McCauley v. Ray P. McCauley, Jr. 02/19/2008
No error in order granting divorce to appellee on grounds of desertion, awarding appellant less than fifty percent of marital property, in the defined duration award of spousal support, in not assessing part of appraisal costs against appellee, and awarding appellee a portion of appellant’s retirement account
1121074 Rajan Jagannathan v. Valeria Shepeleva Jagannathan 02/19/2008
Trial court did not err in sentencing appellant to twelve months in jail for contempt, in denying a motion to set aside that order, and in prohibiting appellant from posting materials on the Internet
1540074 Juan Ayala v. Hann & Hann, Inc. and Peerless Insurance Company 02/19/2008
No error in commission’s finding that appellant’s claim for benefits was barred by the statute of limitations contained in Code § 65.2-601 and appellant did not prove prejudice
2028061 Emanuel Cornelius Simmons v. Commonwealth of Virginia 02/19/2008
No error in trial court’s denial of appellant’s motion for a new trial based on after-discovered evidence where appellant failed to prove fourth prong of after-discovered evidence test, whether that evidence would produce opposite results at a new trial
2366064 Mario George Pcelinski v. Commonwealth of Virginia 02/19/2008
Trial court did not err in refusing to give appellant’s instruction to jury in the form it was proffered; appellant’s other issues are barred by Rule 5A:18
2390063 Sherman Ricky Jones v. Commonwealth of Virginia 02/19/2008
No error in trial court’s finding that appellant’s constitutional speedy trial rights were not violated as time commenced from second indictment after original indictments were properly nolle prosequied; trial court did not err in denying motion to suppress appellant’s statement as it was a voluntary statement not made in response to interrogation
2948064 Sebastian Tristan Carter v. Commonwealth of Virginia 02/19/2008
Trial court did not err in refusing to strike three prospective jurors for cause or in refusing to disqualify the entire venire after it saw appellant handcuffed for security reasons after an unrelated disturbance outside the courtroom
0332072 Ajay Goyal v. Tatiana Gillespie 02/12/2008
Trial court did not err in awarding contractual support payments to appellee pursuant to a divorce settlement agreement entered into in Cyprus
0482072 Tatiana Gillespie v. Ajay Goyal 02/12/2008
No error in amount of contractual support payments allowed to appellant where she recovered what she sought and never objected on the record that the amount was inadequate
0568073 Brent Eldred Johns v. Commonwealth of Virginia 02/12/2008
Trial court did not err in rejecting appellant’s double jeopardy argument that two indictments should have been merged into one when he entered guilty pleas to two separate and distinct counts of grand larceny
0747074 Peter Jones v. Ann C. Matalavage 02/12/2008
Trial court did not err in awarding attorney’s fees to appellee under property settlement agreement of parties based on counsel’s representation of fees and in awarding child support based on sole custody guidelines rather than appellant’s suggestion of a divided formula
0910071 Advanced Finishing Systems, Inc. and et. al. v. Lisa Brown-Snyder 02/12/2008
No error in amount of contractual support payments allowed to appellant where she recovered what she sought and never objected on the record that the amount was inadequate
1183074 Lucio Henry Cabrera-Sanchez v. Commonwealth of Virginia 02/12/2008
Evidence was sufficient to support two convictions of assault and battery on a family or household member, third or subsequent offense
1613074 William L. Gibbs, Sr. v. Sue A. Gibbs 02/12/2008
Summary affirmance – no abuse of discretion in trial court’s award of spousal support
1951073 Mary Jo Spain v. Roanoke County Department of Social Services 02/12/2008
Trial court did not err in finding appellee proved by clear and convincing evidence that appellant’s parental rights to her child should be terminated and that termination was in child’s best interest
2082071 Commonwealth of Virginia v. Marquis D. Granger 02/12/2008
Trial court erred in finding police lacked reasonable suspicion to detain appellee and in suppressing appellee’s statement to police and evidence recovered from vehicle in which he was a passenger
2120072 Dawn Branch v. Petersburg Department of Social Services 02/12/2008
Summary affirmance – evidence was sufficient to support termination of appellant’s parental rights to her child where her rights had already been terminated to an older child
2209063 Marcus Jermaine Miller, s/k/a Marcas Jermaine Miller v. Commonwealth of Virginia 02/12/2008
Trial court did not err in finding evidence was sufficient that appellant was a “parent, guardian, or other person responsible for the care of” the child at the time the offense occurred; conviction of felony child abuse affirmed
2364072 Sodexho, Inc. and et. al. v. Curtis Clanton 02/12/2008
Summary affirmance – no error in commission’s finding that appellee proved he sustained a compensable change in condition and awarding him temporary total disability benefits
2418071 Pearline M. Barlow v. Farm Fresh Supermarket #44205 and Supervalu, Inc. 02/12/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
2598073 Pete J. Burk v. Wise County Sheriff's Office and et. al. 02/12/2008
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of and in the course of his employment
0194073 Ricky Wayne Thompson v. Tanya Brooks Thompson 02/05/2008
Trial court did not err in adhering to statutory time period and denying appellant’s request to file exceptions to commissioner’s report late and in accepting recommendations in commissioner’s report; additional issues barred by Rule 5A:18
1155072 School Board of the City of Norfolk v. Simon Jordan 02/05/2008
No error in commission’s denial of appellant’s application to terminate appellee’s outstanding award of temporary total disability benefits where sufficient evidence proved appellee remains disabled due to his work accident
1508064 Timothy L. Fitzpatrick v. Commonwealth of Virginia 02/05/2008
Rule 5A:18 bars issue raised on appeal that Code § 19.2-295.2 permits the executive branch, through the Parole Board, to perform a judicial function of imposing a sentence imposed pursuant to Code § 19.2-295.2
1574074 Lowell F. Smith v. Alice L. Thornton-Smith 02/05/2008
No error in trial court’s award of rehabilitative spousal support to appellee
1787073 Latricia Porter v. Roanoke City Department of Social Services 02/05/2008
Trial court did not err in terminating appellant’s parental rights to her son where evidence proved appellee provided reasonable and appropriate services for her special needs and appellee presented clear and convincing evidence to support termination under Code § 16.1-283(B)
1914074 Michael Peron v. Roanoke Express and Villanova Insurace Company/Virginia Property, etc. 02/05/2008
No error in commission’s finding that appellant’s amended claim was barred by two-year statute of limitations
2320062 Joseph A. Moses Harris, Jr. v. Commonwealth of Virginia 02/05/2008
Trial court did not err in denying motion to suppress where officer was able to sufficiently corroborate information from anonymous tip and had reasonable suspicion to effect a brief detention of appellant
2921063 Joshua Michael Pruitt v. Commonwealth of Virginia 02/05/2008
Trial court did not err in admitting certificate of analysis of breathalyzer test where circumstantial proved time of accident and thus when appellant was driving under the influence, in denying motion to suppress statement that he was operator of vehicle, and in finding evidence sufficient to support conviction of driving under the influence, third offense in five years
0372072 John Michael Phillips, Sr. v. Commonwealth of Virginia 01/29/2008
Appellant’s conviction of construction fraud reversed and dismissed where evidence did not support that appellant obtained an advance of funds with fraudulent intent
0400074 Reena Sangwan, a/k/a Mary Eldridge v. Fairfax County Department of Family Services 01/29/2008
Trial court did not err in terminating appellant’s parental rights to her child where evidence proved termination was in child’s best interest and appellant, without good cause, had been unwilling or unable to remedy conditions leading to child’s placement in foster care within a reasonable time
0541074 Betty Jean Stewart-Payne v. Raymond V. Payne 01/29/2008
Error in trial court’s decision to allow appellee to continue to make mortgage payments and receive credit for them in lieu of making required child support payments where residence was no longer habitable after a fire, leaving appellant and child without a residence or sufficient funds to obtain shelter
0739071 Brian McKee v. Barbara McKee 01/29/2008
No error in trial court’s finding that appellant had the capacity to pay spousal support; issue of amount of award reversed and remanded to trial court for further proceedings
1249072 Denise Sutton v. Speedy's Petroleum, Inc. and Uninsured Employer's Fund 01/29/2008
No error in commission’s finding that appellant failed to carry the burden of proof showing that a specific condition of her employment caused her accident
1370063 Jami Dawn Dunn v. Commonwealth of Virginia 01/29/2008
As evidence did not support convictions of possession of methamphetamine with intent to distribute as principal in second degree and possession of marijuana with intent to distribute as principal in second degree, matter remanded to trial court for resentencing on lesser-included convictions of possession of methamphetamine and possession of marijuana
1501073 Anne Boudwin v. J. Thomas Catania 01/29/2008
Summary affirmance – no error in trial court’s denial of appellant’s “Motion for Various Relief” pertaining to sale of marital home
1652064 Deborah Kay Stout v. Commonwealth of Virginia 01/29/2008
Trial court did not err in admitting evidence of gunshot residue on appellant’s hand on the night of murder of victim and in refusing appellant’s proffered jury instruction
1712063 David Reed Jennings v. Commonwealth of Virginia 01/29/2008
Trial court erred in denying motion to suppress evidence of firearm and cocaine found on appellant’s person where officer lacked reasonable suspicion to conduct the detention and frisk
2205071 Eva M. Towns-Hinton v. Obici Health System and Liberty Insurance Corporation 01/29/2008
No error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
2506064 J.B. Farmer v. Commonwealth of Virginia 01/29/2008
Judgment of trial court reversed and bench warrant dismissed where this revocation proceeding was time barred by Code § 19.2-306
0067071 Timothy Lance Westfall v. Deborah Sue Westfall 01/22/2008
No error in trial court’s entry of final decree of divorce with regard to denial of appointment of guardian ad litem for minor children, equitable distribution of parties’ property, deviating from presumptive amount in calculating child support, and in ordering appellant to have no contact with children unless they initiate it
1562073 Gail Andrews v. Roanoke City Department of Social Services 01/22/2008
Evidence was sufficient to support termination of parental rights to four of appellant’s children where it proved it was not reasonably likely conditions resulting in abuse or neglect could be substantially corrected or eliminated with reasonable period and that appellant was without good cause, unable to remedy conditions for a period in excess of twelve months
1749061 Frank Eugene Solesbee, Jr. v. Commonwealth 01/22/2008
Evidence was sufficient to support appellant’s conviction of possession of burglarious tools were evidence showed appellant used the plastic ties to bind victim’s hands and feet in the course of robbery to accomplish the theft
1781061 Brian Curtis McCray v. Commonwealth 01/22/2008
Trial court did not err in admitting certificate of analysis as appellant waived his Confrontation Clause rights by not giving the Commonwealth notice that he desired to examine the scientist who preformed the analysis before the day of trial
1789073 Victoria M. MacLean v. Roanoke County Department of Social Services 01/22/2008
Evidence was sufficient to support termination of parental rights to appellant’s daughter where it proved she was unable to remedy substantially the conditions leading to the child’s placement in foster care and efforts were sufficient to assist appellant
1877061 Carlos J. McCray v. Commonwealth 01/22/2008
No error in trial court’s denial of motion to suppress evidence obtained during investigative detention of appellant; evidence was sufficient to support convictions of robbery, use of a firearm in commission of a felony, and assault and battery of police officer
2782064 Luis Armando Solorzano v. Commonwealth 01/22/2008
Evidence was sufficient to support convictions of assault and battery of a firefighter and obstruction of justice of police officer
0163072 Payton Randolph Anderson, III v. Commonwealth of Virginia 01/15/2008
Trial court did not err in denying motion to suppress statements appellant made to police where he was detained incident to a traffic stop and was not in custody for purposes of Miranda when he answered questions
0206074 Terrance Anthony Evans v. Commonwealth of Virginia 01/15/2008
Trial court did not err in convicting appellant of three separate counts of carnal knowledge where evidence proved statutory elements of carnal knowledge of a child were satisfied with each successive act of sexual intercourse
0313072 Infineon Technologies North America Company and et. al. v. Dana H. Chase 01/15/2008
No error in commission’s award of benefits to appellee where evidence supports finding that appellee had a compensable occupational disease and appellee had not obtained her pre-injury status and had not recovered from her disabling condition caused by exposure to chemicals
0436073 Patterson Brothers Paving, Inc. and et. al. v. Thomas Edward Lacy 01/15/2008
Commission did not apply correct legal analysis in determining whether appellee was responsible for his wrongful conduct resulting in his termination when it determined that while appellee was terminated for justified cause but not such as to warrant a permanent forfeiture of his disability benefits
0510074 Letha J. Shannon v. Dennis F. Shannon 01/15/2008
No error in trial court’s equitable distribution of parties’ property wherein it refused to award appellant a portion of appellee’s military pension, refused to impute income to appellee, refused to award appellant current spousal support, and refused to award appellant attorney’s fees; trial court did not err in refusing to award appellee portion of appellant’s pension
0536071 Randolph S. Thomas v. Kathy P. Thomas 01/15/2008
No error in trial court’s discretionary decisions based upon reasonable debatable factual disputes regarding equitable distribution, spousal support, and attorney fees and costs
0559071 William F. Harber v. Charlene M. Harber 01/15/2008
Trial court erred in imputing income to appellant at his pre-retirement employment rate for purposes of calculating amount of spousal support to appellee; on remand to recalculate amount of spousal support, trial court should not consider appellee’s expenses for her two adult children who live with her
0585072 Earl McCatty v. Commonwealth of Virginia, Department of Professional and etc., et. al. 01/15/2008
No error in trial court’s dismissal of appellant’s appeal of the denial of his claim by the Board for Contractors under the Virginia Contractor Transaction Recovery Act where evidence showed appellant’s wife received payment of her claim and there was only one transaction and one judgment
0610072 Lokesh Babu Vuyyuru, M.D. v. Virginia Board of Medicine 01/15/2008
No error in Board’s revocation of appellant’s medical license where Board’s findings were supported by substantial evidence and appellant was afforded due process before the Board
0972072 Virginia Department of Taxation v. Willis Brailey 01/15/2008
Trial court acted outside the scope of judicial review when it reversed a procedural ruling of the Department of Employment Dispute Resolution
0987074 Warren (County of) and et. al. v. Yvonne D. Donahoe (Widow of James O. Donahoe), et. al. 01/15/2008
No error in commission’s finding that deceased employee was an employee of Warren County for purposes of payment of benefits under the Workers’ Compensation Act
1809072 Micheal R. Lane, Sr. v. Virginia Employment Commission and Van Go, Inc. of Richmond Corporation 01/15/2008
Summary affirmance – No error in finding that appellant was terminated from his employment due to work-related misconduct and in denial of his claim for unemployment benefits on that ground
2126072 Tuckahoe YMCA and Manufacturers Alliance Insurance Company v, Kristen Roberts Shores 01/15/2008
Summary affirmance – No error in commission’s finding regarding appellee’s treating physician and whether her referral was valid
2498062 Robert Keith Smith v. Commonwealth of Virginia 01/15/2008
Trial court did not err in admitting appellant’s statements made to police while he was not in custody and the police activity surrounding those statements was not coercive
2548064 Rebecca R. Donofrio v. Edward Donofrio 01/15/2008
Trial court applied an incorrect standard of proof in determining appellant submitted a forged property settlement agreement; matter remanded to trial court for further proceedings
2638061 David Yancey v. Commonwealth of Virginia 01/15/2008
No error in trial court’s denial of motion to suppress as officers did not violate the Fourth Amendment by detaining appellant to investigate trespassing offense and evidence supported that conviction; trial court erred in convicting appellant of obstructing justice where only evidence of obstruction presented was appellant’s flight from scene
3134061 Richard Caleb Shelton v. Commonwealth of Virginia 01/15/2008
Trial court did not err in finding evidence was sufficient to convict appellant of robbery and use of a firearm in the commission of robbery; trial court did not abuse its discretion in denying motion to reconsider and request for a new trial based on after-discovered evidence, and in denying motion for a continuance
0239074 Muluken Huila Wubneh v. Commonwealth of Virginia 01/08/2008
No error in trial court’s finding that Commonwealth presented credible and competent evidence to prove object used to intimidate victim in robbery was in fact a firearm
0498074 American Zurich Insurance Company v. Jamie Martinez, Deybin Noel (David) Ortiz Gomez, etc. 01/08/2008
Commission erred in setting aside and vacating unappealed decision of deputy commissioner on ground of mutual mistake of fact where evidence did not prove parties shared same mistaken belief as to identity of claimant’s supervisor; res judicata bars claimant’s second claim against employer
1400073 Nancy Henness v. Roanoke City Department of Social Services 01/08/2008
Judgment of trial court terminating appellant’s parental rights to her child affirmed where her parental rights were terminated under two subsections of statute and appellant only presented argument on appeal with regard to one of the subsections
1605061 Clarence Alston, III v. Commonwealth of Virginia 01/08/2008
Issue of postrelease supervision imposed in final order remanded to trial court to fix a term between confines of six months and six years
1643061 Shaun Anthony Woodhouse v. Commonwealth of Virginia 01/08/2008
Trial court did not err in denying motion to suppress evidence of firearm where police officers had reasonable articulable suspicion under totality of circumstances to detain appellant and owner of vehicle gave permission for search resulting in seizure of firearm
2665061 Michael A. Bailey v. Commonwealth of Virginia 01/08/2008
Trial court did not err in admitting four rocks of cocaine recovered from appellant’s accomplice’s pocket into evidence as they were legally relevant; evidence was sufficient to support conviction of possession of cocaine with intent to distribute
1922071 Commonwealth of Virginia v. Steven D. Blount 01/04/2008
Order of trial court affirmed under Rule 5A:18 where argument on appeal, application of a reasonableness standard for stop, not presented to trial court; Commonwealth did not object to trial court’s use of probable cause standard
0005072 Thomas Lee Fitzgerald v. Commonwealth of Virginia 12/27/2007
Trial court did not err in finding victim’s evidence of value sufficient to prove value to support conviction of grand larceny; trial court properly refused to instruct jury on petit larceny
0043073 Fred William Kinser v. Patricia Ann Fleming Grimm Kinser 12/27/2007
Trial court did not err in denying husband’s motion to dismiss for lack of jurisdiction where husband did not meet the burden of proof to establish that fact; trial court did not err in awarding attorney’s fees to wife
0162071 Virginia Department of State Police v. Ross M. Thompson 12/27/2007
Trial court erred in examining conduct at issue in contravention of the standard of review, whether hearing officer’s decision was contradictory to law, in this case and improperly disregarded hearing officer’s factual findings; hearing officer’s decision reinstated
0460074 Patrick R. Delaney v. Mary C. Delaney 12/27/2007
Trial court did not err in finding appellant failed to meet his burden of establishing a faultless material change in circumstances warranting a modification of his child support obligation
0547072 Robert Waverly Roper v. Nancy Chenault Roper 12/27/2007
Trial court did not err in awarding wife 45% of marital residence, in refusing to grant husband divorce on ground of constructive desertion, and in refusing to award husband attorney’s fees
0588074 Asli Everett v. Ronald James Everett 12/27/2007
Trial court did not err in correcting a clerical error in the original order which was inconsistent with court’s oral ruling from bench; issue of whether trial court erred in granting husband an extension of time to repay additional attorney’s fees is moot
0704074 Shakina Nicole Piatt v. Anthony Colvin 12/27/2007
Trial court did not err in dismissing appellant’s appeal from the juvenile and domestic relations district court where it found appellant did not sign the notice of appeal and that it was not signed on her behalf
0745071 William K. Lennon, D.D.S. v. Virginia Board of Dentistry 12/27/2007
Trial court did not err in accepting the Board’s answer, filed one business day after the expiration of the 21-day response time, or in finding Board’s findings of fact were supported by evidence; appellant’s other arguments barred by Rule 5A:20(e)
0754074 Anne Elizabeth Sirney v. Richard Paul Sirney 12/27/2007
Summary affirmance – Trial court did not err in awarding sole legal custody of the parties’ children to father
1494062 Michelle Diane Lindsey v. Commonwealth of Virginia 12/27/2007
Trial court erred in applying the Code § 19.2-271.2 exceptions and allowing appellant’s husband to testify against her where appellant was charged with uttering a check with insufficient funds and husband was not a “victim” of this offense
1673074 Barbara Ellen Carey v. ARlington Hospital, Inc., & et. al. 12/27/2007
Commission did not err in finding that tuberculosis is an ordinary disease of life and in finding that appellant failed to prove by clear and convincing evidence that she failed to prove she contracted the disease through her employment
1692063 Tiffany Shantele Spears v. Commonwealth of Virginia 12/27/2007
Trial court did not abuse its discretion in denying appellant’s motion for a continuance, the morning of trial, to allow her time to retain an attorney where court noted difficulty in securing presence of witnesses for both sides and appellant’s attorney was prepared for trial
1913061 Alfred Lee Spivey v. Commonwealth of Virginia 12/27/2007
Evidence sufficient to support appellant’s conviction of possession of heroin where it proved appellant had actual and knowing possession of heroin capsule in his hand when police officer found him unconscious in passenger seat of vehicle
2080062 Rodrissa Elizabeth Polite Collins v. Commonwealth of Virginia 12/27/2007
Evidence was sufficient to support appellant’s conviction of misdemeanor obstruction of justice where appellant’s conduct clearly indicates she intended to prevent officer from performing his duty
2246062 Anthony Branch, s/k/a Anthony Levon Branch v. Commonwealth of Virginia 12/27/2007
Appellant’s argument on appeal that trial court erred in denying motion to suppress because officer did not have probable cause to seize stolen jet skis from appellant’s property barred by Rule 5A:18
2435061 Qaadir Tariq Hasan v. Commonwealth of Virginia 12/27/2007
Trial court did not err in denying motion to suppress appellant’s statements to police where evidence showed appellant not “in custody” when police asked only general questions of the sort intended to learn appellant’s identity after stop of his vehicle and ensure officers’ safety and officers informed him that he was not under arrest
2941061 Carey Dean Roberts v. Debora B. Roberts 12/27/2007
Trial court did not err in awarding bulk of marital estate to wife where husband made only negative contributions to the marriage and husband’s behavior affected marital estate; appellant’s other issues barred by Rule 5A:20(e)
3086064 Edwood C. Spencer v. Commonwealth of Virginia 12/27/2007
Judgment of trial court affirmed without reaching issue raised by appellant as he did not challenge other ground court used in revoking his probation and that ground is legally sufficient to support revocation and does not reflect abuse of discretion
3139064 Donald H. Roper v. Commonwealth of Virginia 12/27/2007
Trial court erred in permitting appellant’s statement to police to be put into evidence to rebut his testimony where appellant suffered prejudice from Commonwealth’s failure to disclose the statement it used to impeach him and his defense was dependent upon jury’s finding him to be credible
0204072 David Jay Didio v. Sara Thoits Didio 12/18/2007
Trial court erred in considering husband’s student loans as income and in its equitable distribution of parties’ assets; issues of spousal support, child support, and attorney’s fees also remanded for reconsideration; trial court did not err in granting divorce to wife or in crafting provisions of husband’s visitation with parties’ daughter
0314072 James M. Strickland v. Teresa Strickland 12/18/2007
Trial court erred in allocating the entirety of the bankruptcy debt consolidated during the marriage to husband and in its arrearage determination; all other issues affirmed
0426072 Rivanna Water & Sewer Authority & et al. v. Rose Lafleur 12/18/2007
Commission erred in finding claimant’s injuries sustained from a lightning strike arose out of her employment; award of benefits reversed
0427072 Tina Wilson, f/k/a Tina M. Epley v. James O. Epley 12/18/2007
Trial court did not err in awarding father sole legal and physical custody of parties’ daughter where evidence supported finding that best interest of child would be served by awarding custody to father
1813061 Denory A. Bell v. Commonwealth of Virginia 12/18/2007
No error in appellant’s convictions of two counts of forcible sodomy where evidence was sufficient to prove element of intimidation as required by statute
1846061 Frederick Christopher James v. Commonwealth of Virginia 12/18/2007
Evidence was sufficient to support appellant’s conviction where victim’s testimony was sufficient to prove she entered into an oral bailment agreement with appellant for the use of her vehicle and appellant did not return it pursuant to the agreement
2149062 Melvin Leroy Smith v. Commonwealth of Virginia 12/18/2007
Evidence was sufficient to support appellant’s conviction of possession of cocaine with intent to distribute where it proved appellant possessed cocaine found in wooded area where he fled after being stopped for traffic offense
2422061 Joseph Wayne Scott v. Joan A. Scott 12/18/2007
Trial court did not err in valuing husband’s accounting practice or in ordering husband to pay some of wife’s attorney’s fees
2617054 Craig M. Lantion v. Commonwealth of Virginia 12/18/2007
Upon Rehearing En Banc – trial court did not err in denying motion to suppress, and appellant’s conviction is affirmed
2690063 Ted Michael Stallings, s/k/a Ted Michael Stallings, Jr. v. Commonwealth of Virginia 12/18/2007
Trial court did not err in denying motion to suppress where the emergency doctrine rendered the officers’ initial entry of appellant’s home reasonable; two firearms discovered in plain view in that entry were properly admitted into evidence; any error in admitting additional firearms discovered during full search harmless
2813062 Carl Maurice Robinson, Jr. v. Commonwealth of Virginia 12/18/2007
Appellant’s appeal of trial court’s refusal to suspend the execution of his sentence and allow him to remain on bond pending appeal is dismissed as moot where appeal of criminal convictions has been denied by this Court and by the Supreme Court; this case no longer presents a live case or controversy
2870064 Joanna Ulka Ghulam v. Ghulam Ali Sidiqi 12/18/2007
Trial court did not err in finding that husband did not dissipate marital assets after parties separated, awarding husband divorce on ground of wife’s adultery, classifying certain property, denying spousal support to wife, and denying attorney’s fees to wife
3128061 Lakeitha D. Brickhouse v. Commonwealth of Virginia 12/18/2007
No error in appellant’s conviction of possession of cocaine with intent to distribute as a principal in second degree where evidence proved appellant allowed others to store cocaine in her house
0374073 Campbell County Department of Social Services v. Michael W. Brizendine and Angela Brizendine 12/11/2007
No error in trial court’s finding that appellant failed to prove by clear and convincing evidence that termination of appellees’ parental rights to three of their children was appropriate
0612053 Thomas Lyle Switzer v. Paula Marie Switzer 12/11/2007
Summary affirmance – Trial court did not err in finding custody issue has been fully and finally litigated and is barred by res judicata
1122053 Thomas Lyle Switzer v. Samuel S. Smith, Jody B. Smith and Paula Switzer 12/11/2007
As no opening brief filed in this case, appeal is dismissed
1504064 Jerry David Sayers v. Commonwealth of Virginia 12/11/2007
Appellant’s conviction of statutory burglary affirmed where evidence was sufficient to support jury’s finding that appellant’s entry into residence was without permission
3046062 Edward Louis Elam, a/k/a Ed Louis Elam v. Commonwealth of Virginia 12/11/2007
No error in trial court’s finding that victim’s testimony was not inherently incredible as a matter of law and was sufficient to support appellant’s conviction of rape
0129074 Tracy Hensley v. Culpeper County Department of Social Services 12/04/2007
No error in trial court’s decision to terminate appellant’s parental rights to three of her children where evidence proved foster care plans were timely filed, the appellee met its burden of proof by clear and convincing evidence, and appellee timely pursued termination petitions
0621072 Patrick W. Finnerty, Director Department of Medical Assistance Services v. Ann Robinson 12/04/2007
Trial court erred in reversing decision of hearing officer as to fair market value of appellee’s residence; evidence supported hearing officer’s finding that the county’s tax assessment of the property reflected its fair market value
0657074 Leslie Neil Miles v. Culpeper County Department of Social Services 12/04/2007
No error in trial court’s decision to terminate appellant’s parental rights to three of his children where evidence proved foster care plans were timely filed, the appellee met its burden of proof by clear and convincing evidence, and appellee timely pursued termination petitions
1480074 Clean Scape, Inc. v. Francisco Gabriel Ramirez-Gutierrez 12/04/2007
Summary affirmance – No error in commission’s credibility findings; two arguments barred by Rule 5A:18
1763072 Anthony Petraitis v. Prevent Blindness America and St. Paul Fire & Marine Insurance Company 12/04/2007
Summary affirmance – No error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of and in the course of his employment
2424061 Joseph C. Florio v. Barbara E. Clark, William B. Clark and Joyce Childers 12/04/2007
Rehearing En Banc granted
1463072 Commonwealth of Virginia v. Richard Phillips 11/28/2007
Argument raised on appeal, that the trial court erred by dismissing an indictment charging object sexual penetration on speedy trial grounds, barred by Rule 5A:18
1092072 Rex G. Dowtin v. Barbara D. Dowtin 11/27/2007
Summary affirmance – Appellant’s argument that trial court erred by entering final decree that was contrary to an earlier oral finding is without merit as matter was under control of court until time final decree was entered and could revise its findings as necessitated by evidence and arguments of counsel
1434063 Tony L. Jones, a/k/a Loco, s/k/a Tony Lamont Jones v. Commonwealth of Virginia 11/27/2007
Trial court erred in denying motion to set aside verdicts where evidence presented to the jury was insufficient to prove appellant participated in murder of victim or used a firearm during the commission of a felony; convictions of first-degree murder and use of a firearm during commission of a felony are reversed and indictments are
1619063 Monserrate Seis v. Commonwealth of Virginia 11/27/2007
Trial court did not err in joining multiple offenses together for a single trial where incidents were connected and constituted part of common scheme; trial court did not err in refusing to grant a mistrial based on witness testimony; evidence was sufficient to support convictions
2501062 William Marzette v. Commonwealth of Virginia 11/27/2007
Trial court erred in denying motion to suppress firearm recovered during an illegal pat down and Commonwealth’s argument of inevitable discovery doctrine does not apply to the facts of this case; conviction of possession of a firearm by a convicted felon reversed and remanded
2628064 Jordan Joseph Kinard v. Commonwealth of Virginia 11/27/2007
No abuse of trial court’s discretion in allowing Commonwealth to introduce into evidence a BB gun found in appellant’s possession at the time of his arrest
0831072 Tywanda Carter v. Fredericksburg Department of Social Services 11/20/2007
Evidence supports trial court’s finding that DSS made reasonable and appropriate efforts to provide services to appellant; trial court did not err in terminating appellant’s parental rights to her child
1127073 Lawrence Williams v. Barbara H. Williams 11/20/2007
Summary affirmance – issues raised by appellant on appeal are procedurally defaulted under Rule 5A:18 as statement of facts does not recite any objections or arguments made by appellant to trial court’s rulings
1728073 Greater Wise, Inc. and Rockwood Casualty Insurance Co. v. Jackie R. Yates 11/20/2007
Summary affirmance – no error in commission’s decision that appellee proved he sustained an injury by accident arising out of and in the course of his employment
1744073 Lenord L. Wilkins v. Mailcon and American Zurich Insurance Company 11/20/2007
Summary affirmance – no error in commission’s finding the appellant failed to prove entitlement to an award of temporary total disability benefits
1764074 Michael John Star, f/k/a, etc. v. Commonwealth of Virginia Department of Social Services, etc. 11/20/2007
Summary affirmance – res judicata bars this appeal of the trial court’s denial of appellant’s motion to vacate as the issues and parties are the same as decided in trial court’s final order; appellant sought same remedy in motion to vacate as he requested and was denied by trial court in its final order
2701054 Howard Lewis Vincent, Jr. v. Commonwealth of Virginia 11/20/2007
Upon Rehearing En Banc – Court finds evidence was sufficient to support appellant’s conviction of breaking and entering with intent to commit larceny and appellant’s conviction is affi
0170073 Dudley A. Cash v. Barbara Clark, F/K/A Barbara C. Cash 11/13/2007
Summarily affirmance – trial court did not err in its modification of the amount of spousal support owed to appellee; part of appeal dismissed for failure to comply with Rule 5A:20(e)
1498063 Frank Eugene Solesbee, Jr. v. Commonwealth of Virginia 11/13/2007
Trial court did not err in admitting evidence of other crimes to prove the identity of appellant as the person who robbed the victim and did not err in refusing to dismiss the indictment on the ground that the Commonwealth withheld exculpatory evidence
1815064 Robin Norton v. Catholic Charities of the Diocese of Arlington, Inc. 11/13/2007
Trial court lacked jurisdiction to terminate appellant’s parental rights to her children as no valid entrustment agreements were in effect at time trial court terminated
2583062 Kelvin Watson v. Commonwealth of Virginia 11/13/2007
Trial court did not err in refusing to suppress evidence obtained during search of appellant where officer had reasonable, articulable suspicion to conduct an investigatory stop for the crime of trespassing; evidence was sufficient to prove an intent to distribute the drugs
3066062 Annette Morgan, F/K/A Annette M Watkins v. David B. Watkins 11/13/2007
Trial court did not err in finding that an award of spousal support to appellant was not warranted and denying her request for spousal support
3176063 County of Washington Social Services and et al. v. Betty Severt Rouse 11/13/2007
Commission erred in finding that appellee proved her injury was caused by a condition of her workplace and arose out of her employment when she suffered a fall while entering her place of employment
0449071 Anthony L. Peoples v. Commonwealth of Virginia 11/06/2007
Trial court did not err in finding evidence sufficient to support appellant’s convictions of distributing heroin and distributing controlled substance within 1000 feet of school or in denying appellant’s motion for continuance to obtain presence of witness at trial where trial court found witness was not a material witness
0877062 Jeffrey Lewis Haley v. Commonwealth of Virginia 11/06/2007
Trial court did not err in allowing amendment of some of indictments, refusing to recuse itself after hearing proffer of Commonwealth’s evidence during pretrial motion hearing, and finding evidence sufficient to support appellant’s convictions of rape, object sexual penetration, and indecent liberties with a child
0890071 Colin Q. Chappell v. City of Newport News Department of Social Services 11/06/2007
Summary affirmance – Trial court did not err in changing goal of foster care plan for appellant’s child from return to parent/placement with relatives to adoption where evidence showed that was in child’s best interests
1269052 April Nicole Corsaro v. Commonwealth of Virginia 11/06/2007
Upon Rehearing En Banc – Finding appellant’s issue of whether the trial court violated her constitutional right to confront witnesses procedurally barred and that her second question presented did not address trial court’s alternate holding, appellant’s conviction of conspiracy to distribute cocaine is affirmed
2939062 Tyrone L. Wheless v. Commonwealth Catholic Charities 11/06/2007
Trial court did not err in concluding evidence was sufficient to justify termination of appellant’s parental rights to his child
0827073 Melissa Pillow Blackard v. Danville Division of Social Services 10/30/2007
Trial court did not err in finding appellee proved by clear and convincing evidence that termination of appellant’s parental rights to her child was proper under Code § 16.1-283(C) and was in child’s best interest
1027062 Deanna Hilda Large v. Commonwealth of Virginia and County of Spotsylvania 10/30/2007
No error in appellant’s conviction of involuntary manslaughter where evidence was sufficient to prove appellant owned two of the dogs involved in the attack and knew or should have known they were dangerous; no error in trial court’s refusal to appoint appellant a trace evidence expert or an animal behavior expert
2424061 Joseph C. Florio v. Barbara E. Clark, William B. Clark and Joyce Childers 10/30/2007
Trial court did not err in finding clear and convincing evidence of special and unique circumstances rebutting the presumption of favor of awarding custody of child to parent, in denying custody of child to appellant, and in finding best interests of child would be served by awarding custody of child to aunt and her husband
0116071 Ronald Blueford and Christine Sampson/Howard Funeral Home v. Ulysses C. Wise, Sr. 10/23/2007
Summary affirmance – no error in commission’s finding that appellee proved a compensable injury by accident
0539061 Kenneth Ferguson v. Commonwealth of Virginia 10/23/2007
Rehearing En Banc granted
1290062 Kelvin Maurice Belton v. Commonwealth of Virginia 10/23/2007
Trial court erred in finding Commonwealth’s evidence of force sufficient to sustain a conviction of felony obstruction; as evidence did prove appellant obstructed officer in performance of his duties, matter remanded for resentencing on lesser-included misdemeanor obstruction conviction
2140062 Robert Anthony Raikes v. Commonwealth of Virginia 10/23/2007
Trial court did not err in denying motion to strike evidence where review of entire record shows it is clear that the correct date of appellant’s arrest was in evidence and time is not element of driving under the influence
2698061 Alan K. Banks v. Valerie Brown 10/23/2007
Trial court did not err in denying appellant’s request to reduce spousal support award where no evidence proved material change in circumstances to warrant a reduction; trial court did not err in awarding appellee her attorneys’ fees
2781062 Faye M. Allen v. Lawrence C. Allen 10/23/2007
Trial court did not err in refusing to grant appellant a divorce on ground of constructive desertion, granting appellee a divorce on ground of desertion, refusing award of spousal support to appellant or in refusing her request for attorney’s fees
2914063 Wal-Mart Associates, Inc., and et al v. Jonathan Edward Cannon 10/23/2007
Commission did not err in finding appellants owed unpaid wage benefits and a penalty to appellee under an open award where employer had all the necessary information to file a change-in-circumstances application when appellant went back to work shortly after his injury and failed to do so despite being reminded several times
3043062 Pernell Andrew Hobson v. Commonwealth of Virginia 10/23/2007
Trial court did not err in admitting certificate of analysis where evidence proved Commonwealth provided copy of certificate pursuant to appellant’s first attorney’s discovery request and did not provide copy to appellant’s second attorney despite his timely request
1227071 Richard F. Davis, II v. Kinga Davis 10/16/2007
Summary affirmance – trial court did not err in finding no material change in circumstance that would just justify a reduction in appellant’s child support obligation
1834063 Darrin Douglas Thomas v. Commonwealth of Virginia 10/16/2007
Trial court did not err in finding officer had reasonable suspicion to believe appellant was engaged in criminal activity and could lawfully detain appellant to confirm or dispel those suspicions and in finding appellant consented to search of his person
1971061 Antonio Lewis Goodman v. Commonwealth of Virginia 10/16/2007
Trial court erred in denying motion to suppress where officer did not have reasonable, articulable suspicion to detain appellant as information from informant did not indicate that appellant’s possession of firearm was illegal; conviction reversed and indictment dismissed
0662071 Commonwealth of Virgina v. Walter Earl Jenkins, IV 10/09/2007
Trial court erred in applying an incorrect legal standard and employed an overly demanding test for determining reasonable suspicion; as appellant was lawfully detained, the trial court erred in suppressing incriminating evidence discovered during the detention
1022061 Ronnie Sherrod Monk v. Commonwealth of Virginia 10/09/2007
Trial court did not err in denying appellant’s motion to modify the sentence imposed where more than 21 days had elapsed and appellant did not prove the trial court had jurisdiction to entertain the motion pursuant to Code § 19.2-303
1034073 Newroads Southeast and Travelers Indemnity Company of America v. Martha A. Perryman 10/09/2007
Summary affirmance – no error in commission’s finding that appellants failed to prove appellee was capable of performing all duties of her pre-injury employment as of April 20, 2006 and that appellants made a bona fide offer of selective employment which appellee unjustifiably refused
1073071 Wendell Trout Grissom v. Norfolk Shipbuilding and Drydock Corporation 10/09/2007
Summary affirmance – no error in commission’s decision that appellant’s claim for asbestosis was barred by the applicable statute of limitations
1346072 CVS #00871 VA Distribution, Inc. and CVS Corp./GAB Robins North America Inc. v. Lee O. Brett 10/09/2007
Summary affirmance – commission did not err in finding appellee proved he injured his back and neck and suffered right leg pain as a result of his injury by accident and that his medical treatment and ongoing disability are causally related to his work injury
1722064 Joseph Daniel Brannon v. Janice A. Brannon 10/09/2007
Trial court did not err in dismissing appellant’s rule to show cause against appellee, denying appellant’s motions concerning the property settlement agreement, and awarding attorney’s fees to appellee under authority of the Property Settlement Agreement
2599062 Jacques Diego Elder v. Commonwealth of Virginia 10/09/2007
Evidence was sufficient to prove object appellant possessed was a firearm and supported conviction of possession of a firearm by a convicted felon
2614061 Melissa M. Williams v. Kenneth L. Williams 10/09/2007
Argument raised by appellant barred by Rule 5A:18 where record shows appellant endorsed the final decree “seen and objected to for the reasons previously stated” and record does not provide what those reasons were
2881061 Ronald Ray shepard v. City of Portsmouth Department of Social Services 10/09/2007
No error in trial court’s termination of appellant’s parental rights to his child where evidence proved termination was in child’s best interest, that appellant, for a six-month period, had failed to maintain continuous contact with child, and appellant failed to plan substantially for child’s future
0952074 Commonwealth of Virginia v. Nahom F. Beyene 10/02/2007
Trial court erred in holding that the officer lacked reasonable suspicion to stop the vehicle in which appellant was a passenger where officer observed vehicle speeding and following too closely; officer’s subjective motivation irrevelant
0978071 Eboni Clinton-Williams v. Newport News Department of Social Services 10/02/2007
Summary affirmance – Trial court did not err in finding evidence supported termination of appellant’s parental rights to her children
0981073 Brian R. Keith, S/K/A Richard Brian Keith v. Roanoke City Department of Social Services 10/02/2007
Trial court did not err in finding clear and convincing evidence proved circumstances required for termination of parental rights
1110072 AFGD Glass/AFG Industries, Inc., et al. v. Clarence Turner Heath, Jr. 10/02/2007
Summary affirmance – no error in commission’s finding that appellee proved he sustained a traumatic brain injury and that he reasonably marketed his residual work capacity
1356071 Avalon, Inc. and Princeton Insurance Company v. Debra J. Carter 10/02/2007
Summary affirmance – no error in commission’s finding that appellee proved that medical treatment rendered to her in September 2005 was casually related to her compensable November 3, 2003 injury by accident
1426064 Russell Kilby v. Commonwealth of Virginia 10/02/2007
Evidence was sufficient to support appellant’s convictions of one count of child cruelty and three counts of contributing to delinquency of minor
1427064 Virginia Ann Kilby v. Commonwealth of Virginia 10/02/2007
Court unable to address appellant’s principal argument on its merits because questions presented do not put the argument before the Court; Rule 5A:12 contains no good cause of ends of justice exceptions
1437071 Jerry Dean Tyree, Sr. v. Bobby's Muffler & Tire Center, Inc., et al. 10/02/2007
Summary affirmance – no error in commission’s finding that appellant was not totally disabled after June 6, 2006 and that he failed to adequately market his residual work capacity after that date
2179061 Terry William Corbin v. Commonwealth of Virginia 10/02/2007
Evidence was sufficient to convict appellant of carjacking, abduction, and robbery where testimony of victim was not inherently incredible or unworthy of belief; trial court did not err in refusing to set aside jury verdicts where jury acquitted appellant of use of a firearm in commission of robbery
2332051 Felipe Layug, III v. Commonwealth of Virginia 10/02/2007
Trial court did not err in admitting evidence of appellant’s accomplice’s subsequent killing where appellant challenged Commonwealth’s identification of him as one of perpetrators and the evidence of accomplice’s death tended to prove appellant’s identity
2392061 Bernard Edward Castilloux, Jr. v. Commonwealth of Virginia 10/02/2007
Trial court did not err in finding evidence sufficient to prove appellant intentionally possessed cocaine found in his pants pocket; Commonwealth’s opinion as to sufficiency of evidence not binding on trial judge as fact finder
2741064 Fairfax Hospital and Inova Health System Foundation, Inc. v. Elizabeth A. McKaveney 10/02/2007
Commission did not err in refusing to award a credit against workers’ compensation liability owed appellee where evidence did not prove allowances made to appellee by “employer” were truly a substitute for payment of wages
0882071 Commonwealth of Virginia v. Robert C. Collins, S/K/A Robert Leonard Collins 09/28/2007
Trial court erred in suppressing evidence of knife discovered during consensual encounter between police and appellant where officer searched appellant only after learning appellant had outstanding felony warrants
0620072 Jesse Ray Wysocki, Sr. v. Henrico County Department of Social Services 09/25/2007
No error in trial court’s termination of appellant’s parental rights to his children where evidence showed reasonable and appropriate services were provided to him and it was in children’s best interest to terminate his parental rights
0838064 Myron J. Turman v. Commonwealth of Virginia 09/25/2007
Trial court did not err in allowing victim to testify as to content of appellant’s instant message to her; trial court did not err in granting Commonwealth’s proposed jury instruction on flight
0968062 Iris Cynthia Franklin v. Commonwealth of Virginia 09/25/2007
Trial court did not err in finding evidence sufficient to support appellant’s convictions of two felony and two misdemeanor counts of embezzlement
1206073 Jesse Ray Brown v. The Pepsi Bottling Group, INc. and Old Republic Insurance Company 09/25/2007
Summary affirmance – no error in commission’s decision to suspend appellant’s award of temporary total disability benefits on ground he unjustifiably refused medical treatment
1240071 Howmet Corporation and Indemnity Insurance Company of North America v. Ronald L. Smith 09/25/2007
Summary affirmance – no error in commission’s award of benefits to appellee for hearing loss as a compensable ordinary disease of life
1282074 Manpower, Inc. and American Casualty Company of Reading, Pennsylvania v. Vera E. Godfrey 09/25/2007
Summary affirmance – no error in commission’s finding that appellee proved she sustained permanent partial disability within the applicable statute of limitations and awarding benefits for specified loss of use
1919064 Walter H.C. Drakeford v. Lisa M. Drakeford 09/25/2007
Trial court erred in adopting appellee’s written statement of facts without allowing appellant adequate opportunity to file objections under Rule 5A:8; matter remanded to trial court for a proper statement of facts
2200064 Pilar L. Morin v. Commonwealth 09/18/2007
Evidence was sufficient to support appellant’s conviction of driving under the influence under both subsection (i) and (ii) of Code § 18.2-266
0784071 Commonwealth v. Katherine Elizabeth Carter 09/14/2007
Trial court erred in granting motion to suppress evidence obtained incident to appellee’s arrest for public drunkenness where appellee charged under city ordinance with a more narrow scope of “in public” as officer had probable cause to arrest for public drunkenness under state statute
0632072 Reva Bedwell v. Virginia Retirement System 09/11/2007
Summary affirmance – no error in trial court’s affirmance of final case decision of Virginia Retirement System denying claim for disability retirement benefits
0913072 Uninsured Employer's Fund v. Jack R. Chaney 09/11/2007
Summarily affirmed in part and dismissed in part pursuant to Rule 5A:20 where issues raised in first question presented were not part of questions presented and no argument related to specific issue raised by first question presented
1041074 Larry Curtis Spurlock v. Utility Service Express, LLC and Ohio Casualty Insurance Company 09/11/2007
Summary affirmance – no error in commission’s finding that appellant’s disability is not related to his work accident
1116073 Sterling R. Brickey, Jr. v. Pardee Coal Company, Inc. and Valley Forge Insurance Company 09/11/2007
Summary affirmance – no error in commission’s finding that appellant’s claim for a back injury was barred by two-year statute of limitations
2219063 Steven Douglas Nack v. Debra Dickerson Edwards Nack 09/11/2007
No error in trial court’s classification of investment portfolio, buffalo, and assorted farm equipment as marital property; trial court erred in its classification of two vehicles as marital property
2223064 Chester E. Miller v. Linda S. Miller 09/11/2007
No error in trial court’s findings that parties failed to effectively revoke their antenuptial agreement, in accepting parol evidence on the intention of the parties, in holding that agreement dealt only with pre-marital assets of the parties, and in awarding spousal support to wife
2288063 Debra Dickerson Edwards Nack v. Steven Douglas Nack 09/11/2007
No error in trial court’s holding that the parties’ prenuptial agreement prohibits appellant from collecting attorney’s fees from appellee where agreement is clear and unambiguous that neither party is responsible for fees of the other
2354064 Linda S. Miller v. Chester E. Miller 09/11/2007
No error in trial court’s findings that the parties failed to effectively revoke their antenuptial agreement and that agreement remained valid and that wife failed to prove she relied on revocation of agreement to her detriment
0442073 David G. Batten v. Joan M. Batten 09/04/2007
Summary affirmance – No error in trial court’s denial of appellant’s request for permanent spousal support and attorney’s fees in this divorce action
0683071 Mary Immaculate Hospital, et al. v. Brenda Humphries Nash 09/04/2007
Summary affirmance – No error in commission’s finding that appellee was entitled to an award of permanent total disability benefits
0733064 Bruce Jerome Jones v. Commonwealth 09/04/2007
No error in trial court’s denial of motion to suppress where officer had reasonable suspicion to detain appellant for a Terry stop and where during stop appellant voluntarily consented to a search of his vehicle
0766064 Jeffrey Michael Fadness v. Lynette Thompson Fadness 09/04/2007
As decree appealed from is neither a final order nor an interlocutory order that adjudicates the principles of the cause, this Court is without jurisdiction to entertain appeal and it is dismissed
0931071 Food Lion, LLC and Delhaize America, Inc. v. Pamela Ann Center 09/04/2007
Summary affirmance – No error in commission’s finding that Code Section 65.2-708(C) applied to extend the limitations period in Code Section 65.2-708(A) or in declining to retain jurisdiction of appellee’s claim for permanent partial disability benefits until such time as the degree of permanency can be determined
1083074 Deborah Lynn Cooper v. BB&T Corporation and Hartford Casualty Insurance Company 09/04/2007
Summary affirmance – No error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
1847054 Michael James Miles v. Commonwealth 09/04/2007
Rules 5A:18 and 5A:20(e) preclude consideration of issues appellant raises as to whether trial court considered conduct it had previously considered in a prior violation of his probation and whether trial court erred in revoking appellant’s suspended time where he committed no additional acts of misconduct after previous revocation
0010072 Joseph B. Hersey, Sr. v. New Kent Department of Social Services 08/28/2007
Summary affirmance – no error in trial court’s finding that appellant’s son was abused and neglected as defined in Code § 16.1-228
0034072 Shawna Marie West v. New Kent Department of Social Services 08/28/2007
Summary affirmance – no error in trial court’s finding that appellant’s son was abused and neglected as defined in Code § 16.1-228
0710072 Lloyd Stewart, III v. Hopewell Department of Social Services 08/28/2007
Termination of appellant’s parental rights to his child affirmed where issues presented on appeal are procedurally defaulted under Rule 5A:18
1007064 Earl S. Garrett v. Warren County Department of Social Services 08/28/2007
Trial court did not err in its analysis of Code §§ 20-124.2 and 20-124.3 and in concluding that it was in best interest of children to deny custody to appellant, their grandfather
1835062 W. Frank Smart, Jr. v. Commonwealth 08/28/2007
Evidence sufficient to support appellant’s rape conviction; any error in trial court’s denial of discovery motion to obtain tape recording harmless where appellant made tape, testified to its contents, and contents of tape was cumulative of testimony of multiple witnesses
1864064 William Cochran Harrison v. Evelyn Greene Harrison 08/28/2007
Trial court erred in its equitable distribution of parties’ property where it divided an asset whose value could not be determined after presentation of evidence by parties
0644074 Commonwealth v. Calvin Lamont Bowman Jr. 08/27/2007
No error in trial court’s decision to suppress statements made pre and post Miranda where trial court found officers deliberately engaged in two-step interrogation strategy
0619072 Tawanda Evans Saunders v. Charlotte County Department of Social Services 08/21/2007
Summary affirmance – evidence was sufficient to support termination of appellant’s parental rights to her child was in child’s best interest
1458064 David Henry Determan v. Commonwealth 08/21/2007
No error in appellant’s conviction of assault and battery on a law-enforcement officer where evidence proved appellant intentionally urinated on the officer
1545062 Kevin Creswell Blake v. Commonwealth 08/21/2007
No error in trial court’s denial of motion to suppress where fact finder could reasonably infer that appellant continued to occupy room where firearms found, that he was aware of firearms in closet, and that firearms were subject to his dominion and control
1648064 Javier Amilcar Velasquez v. Commonwealth 08/21/2007
Court finds that jury instruction at issue was an accurate statement of the applicable law in this case and jury was properly instructed as to elements of crime of rape, a crime that does not require a specific intent
1938062 Charles Lee McDaniel, Jr. v. Philip Morris USA, Inc., et al. 08/21/2007
No error in commission’s termination of appellant’s temporary total disability benefits based on finding that appellant’s ongoing disability was not causally related to his compensable injury
0234072 Commonwealth v. Ronald Lewis Scott Snyder 08/14/2007
Trial court did not err in granting appellee’s motion to suppress evidence as the officer did not have reasonable suspicion to effect the traffic stop of appellee’s vehicle
0367071 Commonwealth v. Earl Nathaniel Combs, Jr. 08/14/2007
Trial court did not err in granting appellee’s motion to suppress evidence as the officer exceeded the scope of appellee’s consent
0387074 Maureen Blake v. Victor Blake 08/14/2007
Summary affirmance – no error in trial court’s order denying appellant’s petition for a protective order against appellee
0757071 George Huggett v. Quality Carpenters, Inc., et al. 08/14/2007
Summary affirmance – no error in commission’s finding that appellant’s injury sustained in a motor vehicle accident did not arise out of and in the course of his employment as he failed to prove an exception to the going and coming rule
1086072 Jacqueline Reynolds v. Anthony Conyers, Jr., Commissioner Virginia Department of Social Services 08/14/2007
Summary affirmance – circuit court’s decision upholding a Child Protective Services founded disposition of level one physical neglect and inadequate supervision is affirmed
1995064 Kent D.M. Burstein v. Anne M. Morriss 08/14/2007
Trial court did not err by denying appellant an interest in proceeds from the sale of real property purchased before the marriage by wife and her father, in not diminishing appellant’s statutory burden of proof to establish that interest, and in not granting appellant credit for mortgage principal paydown associated with that real property
2512064 Jon Thomas Dega v. Debra Ann Vitus 08/14/2007
Trial court did not err in awarding spousal support to appellee retroactive to the date of the filing of the bill of complaint and in accepting appellee’s testimony to determine appellant’s income; trial court erred in failing to consider the mortgage expenses paid on the rental property from the rental proceeds when considering appellant’s income from the beach house
2793064 Reffat K. Abofreka, M.D. v. Virginia Board of Medicine 08/14/2007
Trial judge’s order affirming the Board’s suspension of appellant’s medical license is affirmed
0503074 Louis John Swallow, Jr. v. Urbieta A. Swallow 08/07/2007
Summary affirmance – trial court did not err in imputing income to appellant; the remaining issues are procedurally barred
0586074 Inova Fairfax Hospital, et al. v. Jamie Yost, Administrator of the Estate of Orion Yost, et al. 08/07/2007
Summary affirmance - commission’s finding that the deceased infant does not qualify for inclusion under the Virginia Birth-Related Neurological Injury Compensation Act on the ground that the evidence failed to prove that the infant would have been permanently and motorically disabled is summarily affirmed
0677074 Carl T. Brown, M.D. v. Jamie Yost, Administrator of the Estate of Orion Yost, et al. 08/07/2007
Summary affirmance - commission’s finding that the deceased infant does not qualify for inclusion under the Virginia Birth-Related Neurological Injury Compensation Act on the ground that the evidence failed to prove that the infant would have been permanently and motorically disabled is summarily affirmed
0704064 Brian William Patton v. Commonwealth 08/07/2007
Trial court’s denial of appellant’s motion to suppress evidence is affirmed; trial court did not err by refusing to exclude evidence of wire transfers; appellant’s convictions are affirmed
0922064 Danilo Esteban Guerara-Sandoval v. Commonwealth 08/07/2007
Trial court did not err in admitting into evidence certain exhibits documenting appellant’s prior felony conviction; appellant’s conviction of possession of a firearm by a convicted felon is affirmed
1763064 Edwood C. Spencer v. Commonwealth 08/07/2007
Trial court did not abuse its discretion in finding a violation of probation; the revocation of appellant’s probation and the sentence imposed is affirmed
0585064 Christopher Nathaniel Archie v. Commonwealth 07/31/2007
Trial court did not err in its denial of motion to suppress statements appellant made to police and physical evidence seized as a result of those statements where officers used reasonable methods to protect themselves during stop
0590073 Lowe's of Charlottesville #517, et al. v. John W. Garver 07/31/2007
Summary affirmance - appellee proved his back surgery and total disability were causally related to compensable injury by accident
0725062 George Robert Frazier v. Commonwealth 07/31/2007
Evidence supported appellant's conviction of stalking where appellant engaged in conduct directed at victim on more than one occasion he reasonably should have known would place victim in reasonable fear of death, criminal sexual assault or bodily injury
0731073 James Melvin Ashby v. Ramar Coal Company, Inc., et al. 07/31/2007
Summary affirmance - No error in commission's finding that it lacked jurisdiction to consider claim for benefits alleging injury by accident where appellant did not establish grounds for applying doctrine of imposition to toll statute of limitations
0908074 Inova Fair Oaks Hospital, et al. v. Elizabeth Epps 07/31/2007
Summary affirmance - no error in commission's finding that appellee proved she sustained injury by accident arising out of and in the course of her employment
1185061 Christopher James Guinyard v. Commonwealth 07/31/2007
Finding a campus police officer employed by a private university does not fit within definition of law-enforcement officer under Code Section 18.2-57(C), matter remanded to trial court for sentencing on lesser-included offense of assault and battery
1469061 Elizabeth Anderson v. City of Hampton Department of Social Services 07/31/2007
Trial court did not err in admitting expert's testimony, in approving modification in foster care goal or finding child suffered abuse or neglect; however, as evidence did not support conclusion that appellant was unwilling or unable to remedy alleged abuse within reasonable time, order terminating parental rights reversed
2821064 Carol Bogossian Berryhill v. Jeffrey Scott Berryhill 07/31/2007
Trial court failed to make written findings to explain its award of spousal support as required under Code Section 20-107.1(F); that part of order reversed and matter remanded to trial court for further proceedings
0155062 Piper Ann Rountree v. Commonwealth 07/24/2007
Trial court did not abuse its discretion denying appellant’s motion to suppress the out-of-court identifications of the seven witnesses; trial court did not err in admitting the witnesses’ in-court identifications; appellant’s convictions are affirmed
0497074 Edyn Osley Guerra v. Hawk, Inc. and WCAMC Contractors Group Self Insurance Association 07/24/2007
Summary affirmance – commission’s decision denying claimant’s claim for permanent partial disability benefits is affirmed
0511074 Manor Care Health Services and American Manufacturers Mutual Insurance Company v. Cassandra D. Smith 07/24/2007
Summary affirmance – no error in commission’s finding that appellee proved her right total knee replacement and disability were causally related to her compensable injury by accident
0935062 Richard Calvert Croson v. Commonwealth 07/24/2007
Trial court did not err in denying appellant’s motion to suppress as the stop was lawful; appellant’s conviction of felony possession of cocaine is affirmed
1002064 Hedge Everett Washington, Jr. v. Commonwealth 07/24/2007
Trial judge did not err in ruling he lacked the authority to modify an order committing appellant to the Department of Juvenile Justice more than sixty days from the date of entry of the order
3065064 Michael Richardson v. Lensis Builders, Inc. and Nationwide Mutual Insurance Company 07/24/2007
No error in commission’s finding that appellee met its burden of proving appellant refused selective employment within his work capacity
0192072 Timothy Antonio Jones v. City of Richmond Department of Social Services 07/17/2007
Summary affirmance – no error in trial court’s finding evidence sufficient to terminate appellant’s residual parental rights to his daughter pursuant to Code Section 16.1-283(C)(2)
0352074 Williams Steel Erection Company, Inc. and Lumbermen’s Underwriting Alliance v. Frank Samuel Conely 07/17/2007
Summary affirmance – commission did not err in finding that claimant’s claim for permanent partial disability benefits for disfigurement associated with his injury by accident was timely and not barred by the doctrine of laches, and that claimant was entitled to return to doctor for an impairment rating of his injuries
0412064 Eric Fitzgerald Jones v. Commonwealth 07/17/2007
Trial court did not err in finding the evidence sufficient to support appellant’s convictions; trial court did not abuse its discretion in permitting the expert’s demonstration; remaining issue is barred by Rule 5A:18; trial court’s judgment and appellant’s convictions are affirmed
1375064 Howard A. Grad v. Judith A. Stone, f/k/a Judith A. Grad 07/17/2007
Trial court did not err in its spousal support award to appellee; trial court did not violate the law of the case doctrine
2089064 Deborah Clare Olson v. Scott Charles Olson 07/17/2007
Trial court erred in failing to provide a sufficient explanation for its departure from the statutory child support guidelines; judgment reversed and case remanded to the trial court
0749054 Mona Elisabeth Gupta v. Commonwealth 07/10/2007
Trial judge did not err by not granting appellant a continuance and in limiting her re-cross examination of the arresting officer; appellant’s argument that her constitutional and statutory rights were violated is barred by Rule 5A:18; issue of whether the trial judge erred by admitting the certificate of analysis into evidence is barred by Rule 5A:18; appellant’s conviction is affirmed
2445061 Timothy G. Brooker v. Judi E. Brooker 07/10/2007
Summary affirmance – trial court did not err in admitting evidence of an alleged affair and considering it when making the equitable distribution and spousal support awards; trial court did not abuse its discretion in its equitable distribution award or in its spousal support award; trial court did not err by awarding wife attorney’s fees; judgment affirmed and case remanded
1785064 Mitchell L. Phelps, Inc. v. Board of County Supervisors of Prince William County, et al. 07/03/2007
Trial court did not abuse its discretion by changing the terms of the final order or departing from the language of the County code; trial court did not err in ordering appellant to comply with the zoning ordinance based on the plain language of the County code; trial court did not abuse its discretion by instructing appellant to hold harmless and indemnify the County; judgment affirmed
2235062 Thor T. Johnson v. Commonwealth 07/03/2007
Judgment affirmed as the ends of justice exception does not apply and appellant’s challenge to the sentencing order is barred by Rule 5A:18
2411062 A. Bruce Ericson v. Catherine Ericson 07/03/2007
Trial court did not err in finding father voluntarily underemployed and in imputing income to him; trial court erred in determining the presumptive level of child support; trial court erred in ordering father to pay mother a pro rata share of the post-high school educational costs which mother has paid for oldest child; judgment affirmed in part, reversed in part, and remanded
2723064 Virginia P. Bolton v. David M. Bolton 07/03/2007
Trial court erred in failing to make the written findings required to support its denial of spousal support; trial court’s denial of spousal support is reversed and this matter is remanded
2862064 Starke Jett, IV v. Margaret Boschen Jett 07/03/2007
Trial court had subject matter jurisdiction to award spousal support; trial court did not err in ruling that appellant was not entitled to seek a reduction or termination of spousal support due under the property settlement agreement; judgment affirmed
0243071 Commonwealth v. Delphine Belfield 06/26/2007
Trial court erred in granting appellee’s motion to suppress the evidence; the pre-trial suppression order is reversed and the matter is remanded to the trial court
0260071 Dale Choffel Construction Company, Inc., et al. v. William Greg Carraway, Jr. 06/26/2007
Summary affirmance - as this appeal is without merit insofar as it pertains to the second question presented, the award with respect to that question is affirmed; appeal is dismissed with respect to the first question presented as appellants failed to comply with the requirements of Rule 5A:20(e)
0285064 Kevin T. Cheeks v. City of Alexandria 06/26/2007
Trial court’s admission of the authorization document into evidence was harmless error; appellant’s conviction for trespassing is affirmed
1079062 Antoine Alexander Macklin v. Commonwealth 06/26/2007
Arguments raised on appeal are barred by Rule 5A:18; judgment affirmed
1155061 Michael Tyrone Jordan v. Commonwealth 06/26/2007
No error in trial court’s finding that the evidence was sufficient to convict appellant of attempted robbery, possession of heroin, and possession of a firearm while in possession of a controlled substance; appellant’s convictions are affirmed
2731062 Kathleen K. Tuck v. Lenard W. Tuck 06/26/2007
Trial court did not err in imputing income to appellant and reducing spousal support; as appellant presented no authority in her brief for the remaining issues, appellant has waived argument on appeal on those issues; judgment affirmed and case remanded
3191061 Lagene V. Watkins v. City of Hampton Department of Social Services 06/26/2007
Trial court did not err in terminating appellant’s parental rights to his two children pursuant to Code Section 16.1-283(C)(2)
3192061 Lagene V. Watkins v. City of Hampton Department of Social Services 06/26/2007
Trial court did not err in terminating appellant’s parental rights to his two children pursuant to Code Section 16.1-283(C)(2)
3193061 Lagene V. Watkins v. City of Hampton Department of Social Services 06/26/2007
Trial court did not err in terminating appellant’s parental rights to his two children pursuant to Code Section 16.1-283(C)(2)
3194061 Lagene V. Watkins v. City of Hampton Department of Social Services 06/26/2007
Trial court did not err in terminating appellant’s parental rights to his two children pursuant to Code Section 16.1-283(C)(2)
0078061 Derrick Michael Evans v. Commonwealth 06/19/2007
No error in trial court’s denial of appellant’s motion to set aside the verdict as the record supports the trial court’s finding of the juror’s impartiality; trial court did not err in determining that appellant had failed to meet the requirements of Blevins v. Commonwealth; judgment of the trial court is affirmed
0263073 Robert L. Waller, Jr. v. Commonwealth of Virginia, Division of Social Services, etc. 06/19/2007
Summary affirmance – no error in circuit court’s decision affirming the juvenile and domestic relations district court’s denial of appellant’s motion for a reduction in child support
0622062 Joby Jermarr Brooks v. Commonwealth 06/19/2007
Trial court did not abuse its discretion in qualifying the officer as an expert witness; trial court did not err in finding the evidence sufficient to support appellant’s conviction for possession with intent to distribute
2500062 Rodney Leon Wood v. Commonwealth 06/19/2007
Trial court did not err in finding the evidence sufficient to support appellant’s conviction for possession of cocaine; trial court did not abuse its discretion in admitting the certificate of analysis; appellant’s conviction is affirmed
2876064 Jean-Pierre Garnier v. Catherine C. Garnier 06/19/2007
Summary affirmance – trial court did not err in entering a judgment against appellant
3091064 Barbie Bailey v. City of Alexandria Department of Human Services 06/19/2007
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to her minor child pursuant to Code Section 16.1-283(C)(2)
0041061 Edwanier Levi Jackson v. Commonwealth 06/12/2007
Appellant’s arguments are procedurally barred pursuant to Rule 5A:18; appellant’s sentence is affirmed
0044071 Commonwealth v. James Edward O’Neal 06/12/2007
This Court holds the evidence supports the trial court’s ruling that the emergency aid doctrine did not apply; trial court’s ruling granting the motion to suppress is affirmed
0079074 Martin-Brower Company and Ace American Insurance Company v. Darren L. Jarrett 06/12/2007
No error in commission’s finding that the deputy commissioner did not abuse his discretion in refusing to hold the record open after the hearing for a de bene esse deposition, that claimant proved he sustained an injury by accident arising out of and in the course of his employment, and that claimant proved he adequately marketed his residual work capacity
1559061 Angela L. Young v. Commonwealth 06/12/2007
Trial court did not err in considering all of the evidence and finding appellant knew the nature and character of the drug in her possession; appellant’s conviction for possession of morphine is affirmed
2226061 Kimberly Wilson Riley v. Kevin James Riley 06/12/2007
Summary affirmance – trial court did not abuse its discretion in awarding joint custody and in declining to award mother primary custody
0252073 Dale Stanley Trucking, Inc. and American Mining Insurance Company v. Charles C. Smith 06/05/2007
Summary affirmance – no error in commission’s finding that the panel of physicians offered by employer to claimant was defective and employer was liable for payment of medical treatment provided to claimant
0831061 Jowayne Alston v. Commonwealth 06/05/2007
No error in trial court’s denial of appellant’s motion to suppress the concealed weapon found in the passenger compartment of his vehicle; appellant’s convictions are affirmed
0986061 Edward Macauthur Gaye v. Commonwealth 06/05/2007
Trial court did not err in finding the evidence was sufficient to convict appellant of possession of cocaine with the intent to distribute; appellant’s conviction is affirmed
1728063 James Henry Mullins v. Big Laurel Mining and National Union Fire Insurance Company of Pittsburgh 06/05/2007
Commission’s decision that appellant unjustifiably refused selective employment offered by his employer is affirmed
2227063 Tonya Ann Hayton (Trivett) v. David Michael Hayton 06/05/2007
Appeal dismissed; as no final order was entered by the trial court in this case, this Court is without jurisdiction to entertain this appeal
0100073 Sheldon Opie Thompson v. Huffman Litter Service, Inc. and Commerce & Industry Insurance Company 05/29/2007
Summary affirmance - commission’s decision sustaining appellees’ motion to stay appellant’s pending claim for permanent and total disability benefits and removing the claim from the hearing docket because it was premature is summarily affirmed
0119072 Christopher Luzier v. Penn Line Corporation and Zurich American Insurance Company 05/29/2007
Summary affirmance – no error in commission’s finding appellant failed to prove that he sustained a brain injury causally related to his compensable injury by accident, and remained totally disabled as a result of that brain injury; commission’s decision is affirmed
0593061 Veto Battle v. City of Portsmouth Department of Social Services 05/29/2007
Trial court did not err in finding the evidence was sufficient to terminate appellant’s residual parental rights under to Code Section 16.1-283(B); judgment affirmed
0695063 Ramaan Alfred Burton v. Commonwealth 05/29/2007
Trial court did not err in denying appellant’s renewed motion to strike; appellant’s conviction of cocaine possession is affirmed
1078062 Johnnie Kensley Brown, Jr. v. Commonwealth 05/29/2007
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of grand larceny; this Court finds the Commonwealth presented sufficient evidence to support the trial court’s venue findings; appellant’s conviction is affirmed
2309063 Lowes No. 0509 and Lowes Home Centers, Inc. v. Allen Vernon Stanley 05/29/2007
Commission’s conclusion that claimant’s two employments were substantially similar for purposes of computing claimant’s average weekly wage is affirmed
2836051 Aimee Battle v. City of Portsmouth Department of Social Services 05/29/2007
Trial court did not err in finding the evidence was sufficient to terminate appellant’s residual parental rights under to Code Section 16.1-283(B); judgment affirmed
0042074 Jerry Lee Miller v. Ruby Mae Yates Miller 05/22/2007
Summary affirmance – trial court’s order finding it had no jurisdiction to reopen the divorce proceedings in order to equitably distribute the parties’ marital property is summarily affirmed
0392063 Lawrence Thomas Koral v. Commonwealth 05/22/2007
Trial court did not err in finding the evidence was sufficient to convict appellant of felony failure to appear
0775061 Marques Latai Walker v. Commonwealth 05/22/2007
No error in trial court’s finding the evidence sufficient to convict appellant of attempted carjacking and use of a firearm in the commission of a felony
1182063 William Charles Anderson v. Commonwealth 05/22/2007
Appellant’s convictions of credit card theft are affirmed as the evidence and the inferences drawn from it were sufficient to allow the jury to conclude that appellant had the requisite intent to use the stolen credit cards
2310062 The Pepsi Bottling Group, Inc. and Old Republic Insurance Co. v. Marvin William Reed 05/22/2007
As those questions and arguments raised before the commission are without merit, award is affirmed
2374053 Rudolph Lee Crawley v. Commonwealth 05/22/2007
No error in trial court’s finding appellant violated the conditions of his probation and revoking his suspended sentences
0419062 Felicia Faye Throckmorton v. Commonwealth 05/15/2007
Evidence supported trial court's finding that appellant was in constructive possession of cocaine and marijuana found in her car
0723062 Susanna B. Hickman v. Margaret Cuthbert Broaddus 05/15/2007
As Court finds that interlocutory order appealed from in this case was not an appealable order, this appeal is dismissed without prejudice
1040063 Dennis Lee Strausbaugh v. Brenda Britt Strausbaugh, n/k/a Brenda Britt Monroe 05/15/2007
Trial court did not err in awarding appellee half of the marital share of appellant's pension pursuant to terms of parties' final decree of divorce;
1263063 John Kurt Sensabaugh v. Commonwealth 05/15/2007
Finding that evidence was not sufficient to prove two or more prior convictions occuring on different days, conviction of domestic assault and battery third or subsequent offense is reversed and case remanded to trial court for resentencing on misdemeanor conviction
1653064 John Hart v. Arlington County Department of Human Services 05/15/2007
Trial court did not err in denying appellant's request for a continuance and finding that termination of appellant's parental rights was in child's best interest
1956062 Raymond Andrew Messier, IV v. Commonwealth 05/15/2007
Trial court did not err in denying motion to suppress evidence establishing that appellant resisted arrest, which provided basis for convictions of assault and battery on police officer and obstruction of justice
2115064 Julia M. Greenway v. John B. Greenway 05/15/2007
As appellant's opening brief fails to comply with Rule 5A:20(d)(no statment of facts relating to questions presented), this appeal is dismissed
2192062 Babette C. Whitney v. Christopher J.R. Whitney 05/15/2007
Trial court erred in refusing to grant post-judgment interest on monetary payments due appellant, postponing accural of interest for ninety days and in refusing appellee to reimburse appellant for expenses incurred in compiling exhibit; did not err in refusing to award appellant reimbusement for expenses not covered by Agreement or in crediting mortgage payments
2624063 Anna T. Furr v. Joseph E. Furr 05/15/2007
Trial court erred in reducing, and then terminating, spousal support where record fails to show appellee proved a material change in circumstances
2637062 Neurosurgical Associates, Inc. v. County of Henrico Finance 05/15/2007
No error in commission's decision finding that appellee was a participating payor and that appellant was paid appropriate fees for medical services provided to appellee's employee
2757061 Tiffany Jackson v. City of Portsmouth Department of Social Services 05/15/2007
Trial court did not err in terminating appellant's parental rights to her child where evidence proved termination was in child's best interest
3022053 Edward James Tinsley v. Commonwealth 05/15/2007
Court finds appellant's double jeopardy argument barred by Rule 5A:18 and ends of justice exception does not apply; evidence sufficient to support convictions of aggravated sexual battery, animate object sexual penetration and statutory rape
3064064 Monroe Edward Alger v. Dynalectric Company, et al. 05/15/2007
Summary affirmance - appellant failed to prove he remained totally disabled as a result of his compensable injury by accident
3090064 Dynalectric Company, et al. v. Monroe Edward Alger 05/15/2007
Summary affirmance - no error in commission's finding that appellee's back condition, disability and medical treatment after June 22, 2004 were causally related to the compensable injury by accident
0108072 Net2000 Group, Inc. and Hartford Fire Insurance Company v. Dolores Belmonte-Arwood 05/08/2007
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee’s current disability was no longer causally related to her compensable injury by accident
0110063 Tyrone Junior McCain v. Commonwealth 05/08/2007
Trial judge did not err in denying the motion to suppress as the officers were justified in detaining appellant during the lawful traffic stop and had reasonable suspicion to believe he was armed and dangerous; appellant’s convictions are affirmed
0557064 Joseph A. Bank Clothiers, Inc. and Centennial Insurance Company v. Gladys D. Morton 05/08/2007
Commission did not err in finding that the two-year statute of limitations contained in Code Section 65.2-601 did not bar claimant’s claim for benefits and in finding claimant proved her injury arose out of her employment
1217062 Gladys D. Morton v. Joseph A. Bank Clothiers, Inc. and Centennial Insurance Company 05/08/2007
Commission did not err in finding claimant failed to present sufficient evidence to carry her burden of proof with respect to medical treatment she received after January 2003
1342054 Thomas K. Plofchan, Jr. v. Commonwealth 05/08/2007
Trial court did not err in denying appellant’s motion to strike; appellant’s conviction of speeding in violation of Code Section 46.2-870 is affirmed
2108062 Cheryl A. Concannon v. William Gladstone 05/08/2007
Trial judge erred by appointing a special commissioner to seek financing and by not issuing a judgment on the full sum due to appellant under the property settlement agreement’s employment obligations; trial judge did not err by declining to award interest on the principal sum; judgment affirmed in part, reversed in part, and remanded
2240064 Abderrahim Naaman v. Sahar Larrazabal 05/08/2007
Summary affirmance - appellant did not preserve under Rule 5A:18 arguments raised on appeal
3115064 American Red Cross and Cambridge Integrated Services Group, Inc. v. Tracey L. Trent 05/08/2007
Summary affirmance – commission did not err in finding that appellee proved she sustained an injury by accident arising out of and in the course of her employment
0230064 Maurise Darius Kerns, s/k/a Maurice Kerns v. Commonwealth 05/01/2007
Trial court did not commit reversible error as the trial court had authority under the juvenile statutes to commit appellant to the Department of Juvenile Justice for violating the terms of his probation
0309062 Diallobe Balawa Dorsey v. Commonwealth 05/01/2007
Trial court’s decision denying appellant’s motion to suppress is reversed and the case is remanded to the trial court
0430064 Darius T. Hicks v. Commonwealth 05/01/2007
Trial court did not err by denying appellant’s motion to suppress his statements to the police, admitting evidence of prior bad acts, and admitting photographs of the deceased victim and her fetus; judgment affirmed
0441062 Robert Leslie Slayton v. Commonwealth 05/01/2007
Trial court did not err in finding the evidence sufficient to support appellant’s convictions for one count of statutory burglary, one count of aggravated malicious wounding, two counts of malicious wounding, and one count of assault and battery
2547062 Deborah Y. Lange v. August F. Lange, Jr. 05/01/2007
Appeal dismissed as moot as husband and wife settled the dispute over the real property in their July 20, 2006 settlement agreement
1462061 Christopher L. Luciano v. City of Hampton Department of Social Services 04/24/2007
Trial court did not err in terminating appellant’s residual parental rights to his son as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(2) and establishing that termination of appellant’s residual parental rights was in the child’s best interests
1766052 Bernard Ray Richardson v. Commonwealth 04/24/2007
Trial court did not err in denying appellant’s motion to dismiss the charges based on a violation of Code Section 19.2-243; judgment affirmed
1777062 Kate Rose Trent v. Prince Edward County Department of Social Services 04/24/2007
Trial court did not err in terminating appellant’s parental rights to her daughter pursuant to Code Section 16.1-283(B)
1881061 Warren Ridley, Sr. v. Chesapeake Department of Human Services 04/24/2007
As this case does not satisfy the ends of justice exception to Rule 5A:18, trial court’s decision terminating appellant’s residual parental rights to his minor son is affirmed
2925063 Commonwealth v. James Matthew Ramsdell 04/20/2007
Trial court’s judgment granting the motion to suppress evidence obtained during the search of appellee’s car is affirmed and the case is remanded to the trial court
0524064 Melissa Ann Cook v. Commonwealth 04/17/2007
Trial court did not err by excluding the proffered evidence; appellant’s convictions are affirmed
0538062 Christine Henley v. Germaine McGirt 04/17/2007
Judgment of the trial court is affirmed as the trial court never heard the parties on the questions presented on appeal, and appellant failed to rebut the presumptive verity of the trial court’s order
0688064 Janet Miller-Jenkins v. Lisa Miller-Jenkins 04/17/2007
Trial court erred in ruling that a Vermont order concerning child custody and visitation between the parties could not be registered in Virginia; trial court’s March 1, 2006 order is vacated and the case is remanded to the trial court with instruction to enter an order allowing appellant to register the Vermont order in Virginia
0707064 Jarrell Tyree Taylor v. Commonwealth 04/17/2007
Trial court did not err in finding the evidence sufficient to convict appellant of distribution of cocaine; appellant’s conviction is affirmed
1876062 Susan Ann Washington v. Stanford Enterprises/Upscale Healthcare Services, et al. 04/17/2007
Commission’s denial of appellant’s application for change in condition is affirmed
1955052 Donna Blanton v. Commonwealth 04/17/2007
Trial court did not err in refusing to grant appellant’s proposed jury Instructions 13, 14, and 15 on circumstantial evidence; trial court did err in denying appellant’s Batson motion based on gender with regard to the Commonwealth’s five peremptory strikes; judgment is affirmed, in part, reversed, in part, and case remanded
2247064 LPT, Inc./MSS, Inc. and Erie Insurance Property Casualty Company v. John Voltaggio 04/17/2007
Commission did not err in determining that claimant’s efforts were legally sufficient to constitute a cure of his unjustified refusal of selective employment; decision of the commission is affirmed
2391062 Collegiate Funding Services, LLC and The First Liberty Insurance Company v. Marlo Jean Conway 04/17/2007
Commission did not err in awarding benefits to appellee as there was credible evidence to support the commission’s finding that appellee’s disability was causally related to her compensable accident
2858054 Walter Arnold Ramos Lara v. Commonwealth 04/17/2007
As appellant failed to adequately preserve his arguments in the trial court, appellant’s convictions for criminal gang participation and malicious wounding are affirmed
2879063 Janice Lucille Nipper v. County of Tazewell School Board, et al. 04/17/2007
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
3047052 Charles Bennett v. Commonwealth 04/17/2007
Trial court did not err in determining that a judge was competent to testify as to the matter he observed; evidence was sufficient to support appellant’s conviction of disorderly conduct
3048062 Arriba Corporation and PMA Management Corporation v. Charles V. Hamilton 04/17/2007
Summary affirmance – commission did not err in finding that appellant failed to prove that appellee was fully capable of returning to his pre-injury work
2729063 Commonwealth v. Wanda Alice Blevins 04/16/2007
As appellee does not have standing to challenge the search of the vehicle, trial court’s judgment granting the motion to suppress is reversed and the case is remanded to the trial court
0658064 Jerry Eugene Lawrence v. Commonwealth 04/10/2007
Trial court did not err in refusing to declare portions of Code Sections 18.2-269 and 18.2-270 unconstitutional; appellant’s conviction of driving under the influence is affirmed
2737051 Ankur A. Mehta v. City of Norfolk 04/10/2007
No error in trial court’s finding evidence sufficient to support appellant’s conviction of reckless driving in a parking lot; judgment affirmed
2783064 Commonwealth v. Cindy Carruitero 04/10/2007
Trial court erred in determining that appellant’s request to speak with her attorney invoked her Fifth Amendment right to counsel and that the police were prohibited from further contact with her; judgment is reversed and the case is remanded to the trial court
2896063 Tamika Kasey v. Roanoke City Department of Social Services 04/10/2007
Trial court did not err in finding the evidence sufficient to terminate appellant’s parental rights to her minor children
2946062 Estate of Ronald Craig v. American Miniature Golf Course Construction, et al. 04/10/2007
Summary affirmance – commission did not err in finding that appellant failed to prove that the decedent sustained a compensable injury by accident arising out of and in the course of his employment
2988061 Ruth V. Chamberliss v. Melvin Chamberliss, Sr. 04/10/2007
Summary affirmance – issue raised on appeal is barred by Rule 5A:18
0425062 Walter J. Graves v. Commonwealth 04/03/2007
Trial court did not err in admitting evidence of a prior bad act that occurred three years before the crimes for which appellant was convicted; appellant’s convictions of three counts of forging a public document, three counts of uttering a public document, and one count of driving after having been declared a habitual offender are affirmed
1169061 Renee Smith v. Alexander Novak 04/03/2007
Judgment affirmed as appellant made no objection to the final decree and did not present the issues she raises on appeal before being barred by Rule 1:1
1172064 Diana H. Becker v. Frank J. Becker 04/03/2007
Trial court did not err in failing to award appellant any portion of appellee’s deferred compensation or in its decision to reimburse appellee for the full amount of the mortgage payments; judgment affirmed and matter remanded to the trial court
2297054 Franklyn Nunez, s/k/a Franklyn A. Nunez v. Commonwealth 04/03/2007
Trial court did not err in convicting appellant for felony destruction of property pursuant to Code Section 18.2-137; judgment affirmed
2353062 Tidewater Academy, Inc. and Hartford Underwriters Insurance Company v. Elizabeth Evans 04/03/2007
No error in commission’s finding the claim filed by appellee for medical benefits not barred by the statute of limitations
2379064 Donald Allen Masters v. Theresa Marion Sutton 04/03/2007
Summary affirmance - trial court did not err in granting a motion for modification of child custody and visitation filed by mother
2551062 Victor Alan Motley, Sr. v. Charlene Byrd Motley 04/03/2007
Summary affirmance – this Court summarily affirms the trial court’s decision in part and dismisses the appeal in part due to appellant’s failure to comply with certain Rules of Court
2617054 Craig M. Lantion v. Commonwealth 04/03/2007
Rehearing En Banc granted
2648052 Jayson Franklin Maxwell v. Commonwealth 04/03/2007
Upon rehearing en banc, trial court affirmed for the reasons stated by the dissent in the panel memorandum opinion
2701054 Howard Lewis Vincent, Jr. v. Commonwealth 04/03/2007
Rehearing En Banc granted
2926053 Joel Roy Hamm v. Commonwealth 04/03/2007
Trial court erred in denying appellant’s motion to suppress the methamphetamine as the circumstances preceding the officer’s attempt to frisk appellant did not create a reasonable suspicion that appellant was armed and dangerous; appellant’s conviction is reversed and the indictment is dismissed
2966063 Michael Anderson v. Robinson Terminal Warehouse Corporation, et al. 04/03/2007
Summary affirmance – no error in commission’s finding appellant failed to prove that he was entitled to a change in treating physicians and temporary total disability benefits
3024064 American Red Cross v. Kaushlya Verma 04/03/2007
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee’s current continuing disability was not causally related to her compensable injury by accident and ruling that appellee was entitled to ongoing benefits despite her refusal of medical treatment
0101062 Leonard Joseph Brightwell, Jr. v. City of Richmond Police Department 03/27/2007
Commission did not err in denying claimant an award of benefits as claimant’s applications for benefits were time-barred
0331064 Miriam Zubirana O’Donoghue v. Henry J. O’Donoghue 03/27/2007
Appeal dismissed for lack of subject matter jurisdiction
0413062 Benjamin H. Rice, Jr. v. Virginia Department of Social Services 03/27/2007
Judgment of the trial court is reversed as substantial evidence does not exist to sustain a founded disposition of level-one sexual abuse; case remanded to trial court to set aside the disposition of founded level-one sexual abuse and to further remand this matter to the hearing officer
0459062 Walter Lamont Goode v. Commonwealth 03/27/2007
As appellant did not properly preserve issue for appeal and the ends of justice exception to Rule 5A:18 does not apply, appellant’s conviction for violating the terms and conditions of a previously suspended five-year sentence is affirmed
0512064 Thomas Shoemaker v. Mary Ann Karau 03/27/2007
Trial court did not err in its interpretation of Code Section 20-124.3:1; trial court’s admission of the challenged portions of appellee’s evidence relating to the therapists and the child was harmless error; judgment affirmed
0768064 Jeremey N. Place v. Candace M. Roach 03/27/2007
Trial court did not err in denying appellant’s petition for sole legal custody of the parties’ two minor children, in denying appellant’s petition for supervised visitation with the parties’ two minor children by mother, and in transferring sole legal and physical custody of the parties’ two minor children to mother
1260064 Nigisti W. Tesfay v. Abraham S. Tesfay 03/27/2007
Trial court did not err in tracing $28,000 as a separate property contribution by appellee towards the purchase of a marital home, in setting the amount and duration of spousal support, and in not ordering a sharing of unreimbursed child medical expenses
2045053 Christopher Allen Mason v. Commonwealth 03/27/2007
Judgment is modified to provide the period of supervised probation is to be concurrent with the specified period of suspension of sentence, such that it will end three years from appellant’s release from confinement; as modified, the judgment is affirmed
2121052 Alfred Everett Carter v. Commonwealth 03/27/2007
Trial court did not err in finding the eyewitness testimony to be reliable and credible; appellant’s convictions of robbery and use of a firearm in the commission of a robbery affirmed
2412052 Idris Kasheen Harris v. Commonwealth 03/27/2007
No error in trial court’s finding the evidence sufficient to support appellant’s convictions of robbery and use of a firearm during the commission of a felony
2413064 Bernice Wilson v. Fairfax County Department of Family Services 03/27/2007
Summary affirmance – no error in trial court’s denial of appellant’s motion to vacate the order terminating her residual parental rights to her son
2992061 Tidewater Staffing, Inc. and Federal Insurance Company v. Victoria Cook 03/27/2007
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee refused vocational rehabilitation services pursuant to Code Section 65.2-603
0740064 Diane Barker, f/k/a Diane Hutson-Wiley v. James Hutson-Wiley 03/20/2007
Trial court did not err in denying the admission of parol evidence to establish the meaning and intent of ambiguous language in the property settlement agreement and in holding that husband’s spousal support obligation terminated upon wife’s remarriage, pursuant to Code Section 20-109(D)
1072061 Travis Priest v. Deanna Credle 03/20/2007
This Court holds that the trial court applied the correct standard in determining the best interests of the children and that there was sufficient evidence to support such a determination; trial court did not abuse its discretion by denying father’s motion to amend visitation, and in awarding mother primary physical custody of the children
1195061 Reginal N. Rodgers, Jr. v. Commonwealth 03/20/2007
Trial court did not err in finding the evidence sufficient to convict appellant of grand larceny of a motor vehicle; appellant’s conviction is affirmed
1297063 ITT Industries, Inc. and Ace American Insurance Company v. Yvonne E. Taylor 03/20/2007
No error in commission’s finding that appellee suffered a psychological disability as a compensable consequence of a work-related injury; commission’s award is affirmed
1512054 Tyna Joy Stewart v. Commonwealth 03/20/2007
Appellant’s conviction of driving while intoxicated third offense within a ten-year period is reversed as the Commonwealth failed to prove that appellant was previously convicted of a second offense of driving while intoxicated; conviction is reversed and the case is remanded to the trial court for resentencing
1557061 Karmen Sylvia v. Hampton Department of Social Services 03/20/2007
Trial court did not err in finding the child was abused and neglected, and in terminating appellant’s parental rights under Code Section 16.1-283(C)(2)
2015061 North End Cab Company, Inc. v. Virginia Workers’ Compensation Commission 03/20/2007
Commission’s imposition of a civil penalty for appellant’s failure to maintain workers’ compensation insurance coverage is affirmed
2166052 Charles Monroe Collier v. Commonwealth 03/20/2007
Trial court did not err in finding the evidence sufficient to support appellant’s conviction for misdemeanor disorderly conduct
3157051 Cedrick Lydell Ford v. Commonwealth 03/20/2007
No error in trial court’s revocation of appellant’s suspended sentences as appellant agreed to the procedure the trial court adopted
0207061 Bruce Ivan Futrell v. Commonwealth 03/13/2007
Trial court did not err in convicting appellant of attempted rape as the evidence was sufficient to support both the finding of the requisite intent and a finding that appellant committed an overt act in furtherance of the crime
0282064 Mark Selorm Pongo v. Commonwealth 03/13/2007
Appellant’s conviction of a felony third offense of driving while intoxicated is affirmed as the evidence is sufficient to demonstrate appellant was represented by counsel at a predicate conviction
0508064 Stacey Miller Vance v. Commonwealth 03/13/2007
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of petit larceny
0570061 Terry P. Phillips, s/k/a Terry Presson Phillips v. Commonwealth 03/13/2007
Trial court did not err in denying appellant’s motion to suppress as appellant’s statements did not amount to an unequivocal assertion of his right to counsel
0604062 Lauren Wooten v. County of Henrico Department of Social Services 03/13/2007
Trial court erred in finding that the Department of Social Services proved by clear and convincing evidence that termination of appellant’s parental rights was in her child’s best interest; trial court’s decision terminating appellant’s parental rights is reversed and the case is remanded
0854061 Arthur C. Parmann v. Commonwealth 03/13/2007
Trial court did not abuse its discretion by admitting the testimony as the witness testified within the scope of his training and expertise as an operator of the testing equipment; judgment affirmed
1008064 David Paul Cote v. Susan Redfield Cote 03/13/2007
Trial court did not err in finding husband responsible for $100,000 in debt incurred prior to the parties’ final separation, in awarding husband only forty percent of wife’s retirement account, and in awarding wife spousal support
1606062 Mara J. Martin v. University of Virginia Medical Center 03/13/2007
Commission erred in finding that claimant failed to adequately market her residual work capacity; commission’s decision is reversed and the case is remanded
1795063 Jessie Wayne Abell v. Commonwealth 03/13/2007
Trial court erred in finding the evidence proved beyond a reasonable doubt that appellant willfully failed to appear; appellant’s conviction of felony failure to appear is reversed and the indictment is dismissed
1861062 Consuelo Shallcross v. Hanover County Department of Social Services 03/13/2007
Summary affirmance – no error in trial court’s decision to terminate appellant’s parental rights to her child pursuant to Code Section 16.1-283(B)
1982054 Michael Ricardo Magruder v. Commonwealth 03/13/2007
For the reasons set forth in Brooks v. Commonwealth, trial court did not err in admitting the certificate of analysis without requiring the testimony of the person who performed the analysis; appellant’s conviction is affirmed
2307062 Kenneth Wayne Caddell v. Spotsylvania Department of Social Services 03/13/2007
Summary affirmance- trial court did not err in terminating appellant’s parental rights to his minor children
2382064 Ajai Kumar Sandhir v. Neeta Ahuja-Sandhir 03/13/2007
Summary affirmance – trial court did not err in imputing income to appellant for purposes of determining spousal support and in denying appellant’s request for spousal support; remaining issue is barred by Rule 5A:18
2573051 Philip Nelson Crozier, s/k/a Phillip Nelson Crozier v. Commonwealth and City of Virginia Beach 03/13/2007
Trial court did not err in denying appellant’s motion to suppress evidence obtained by police upon stopping his vehicle as the officer’s reasonable suspicion justified his stopping appellant for investigation
2625064 Fairfax County School Board v. Karen S. Brooks 03/13/2007
Summary affirmance – no error in commission’s finding appellant responsible for payment of certain medical expenses incurred by claimant
2632052 Corey Neville Matthews, s/k/a Cory N. Matthews v. Commonwealth 03/13/2007
No error in trial court’s denial of appellant’ motion to suppress the cocaine as police had reasonable suspicion that appellant was engaged in criminal activity
2792053 Lynchburg Division of Social Services v. James Cook, Sandra Cook and Jimmy Cook 03/13/2007
Rehearing En Banc granted
2925054 Allan Haynes Powell, s/k/a Allen Haynes Powell v. Commonwealth 03/13/2007
Appellant’s conviction for driving with a revoked license while a habitual offender is affirmed as appellant did not show that the underlying order adjudicating him as a habitual offender was void
3133052 Rodney William Lightfoot v. Commonwealth 03/13/2007
Rehearing En Banc granted
3175052 Jay William Massengale v. Commonwealth 03/13/2007
Trial court did not err in finding the evidence sufficient to convict appellant of uttering as the Commonwealth established that appellant had actual knowledge that he was uttering a forged document
0471061 Derrick James Williams v. Commonwealth 03/06/2007
Appellant’s convictions are affirmed as this Court holds that the informant’s tip provided the police with the requisite probable cause to arrest appellant and that the police did not need exigent circumstances in addition to probable cause for appellant’s arrest
0691062 Byron Darnell Winckler, s/k/a Byron Winkler v. Commonwealth 03/06/2007
Trial court did not err in finding the evidence sufficient to support appellant’s convictions of two counts of robbery and two counts of using a firearm in the commission of a felony
0901052 Roland Williams, Jr. v. Commonwealth 03/06/2007
As appellant did not provide a sufficient proffer for this Court to determine whether the trial court erred in refusing to permit the cross-examination questions, appellant’s conviction of armed robbery is affirmed
1165064 Lowell F. Smith v. Alice L. Thornton-Smith 03/06/2007
Judgment pertaining to the rulings classifying the Arlington and Berryville properties and the award of attorney’s fees to appellee are affirmed; judgment pertaining to the classification of the Volkswagen is reversed and this matter is remanded to the trial court to reexamine the equitable distribution award
1329062 Melvin Sprouse v. Orange County Department of Social Services 03/06/2007
No error in trial court’s decision terminating appellant’s residual parental rights to his minor son pursuant to Code Section 16.1-283(C)(1) and 16.1-283(C)(2)
1660052 Jorge Luis Reyes v. Commonwealth 03/06/2007
Trial court did not err in refusing to admit the state of mind testimony and in refusing to admit testimony regarding appellant’s money and jewelry; appellant’s convictions for first-degree murder and use of a firearm in the commission of a felony are affirmed
1787063 Michael F. Coloccia, By and Through His Next Friend, Cynthia Cortese v. Lorna D. Coloccia 03/06/2007
Trial court’s refusal to set aside the property settlement agreement is affirmed as the evidence supports the trial court’s finding that husband failed to prove by clear and convincing evidence that he was incompetent when he executed the property settlement agreement
2116063 Daniel Gayle Price v. Cornetta Richardson Price 03/06/2007
Appeal dismissed for lack of jurisdiction as the notice of appeal was not timely filed
2908052 John C. Berry v. Commonwealth 03/06/2007
Trial court did not err in finding the evidence sufficient to convict appellant of conspiracy to commit a felony
0219064 A.O.V. v. J.R.V. 02/27/2007
Trial court erred in refusing to grant appellant a reservation of the right to seek future spousal support; this matter is remanded to the trial court for inclusion of a reservation in the decree; trial court’s decisions regarding the other issues raised by appellant are affirmed
0220064 J.R.V. v. A.O.V. 02/27/2007
Trial court did not abuse its discretion in imposing visitation restrictions upon appellant
0511064 Mark A. Duda v. Shirlie A. McManus Hunt 02/27/2007
Judgment pertaining to the ruling on visitation, the award of attorney’s fees to appellee, and the downward deviation from the presumptive child support guidelines for medical insurance costs are affirmed; judgment pertaining to the deduction for one-half of appellant’s self-employment tax is reversed and this matter is remanded to the trial court
0547063 Marlyn Wayne Ferguson v. Commonwealth 02/27/2007
Trial judge did not err in finding the evidence sufficient to prove beyond a reasonable doubt that appellant’s failure to appear was willful; appellant’s conviction of failure to appear in court is affirmed
0840063 Robert T. Walker v. Shirley A. Walker 02/27/2007
Summary affirmance - issues raised on appeal are barred by Rule 5A:18
2546064 Trans World Airlines, Inc. and Insurance Company of the State of Pennsylvania v. Roger M. Malick 02/27/2007
Summary affirmance – no error in commission’s finding that appellee proved he suffered an aggravation of his original compensable injury by accident rather than a new injury by accident
2597061 Radisson Hotel Hampton and Erie Insurance Exchange v. Darlene Tisdale 02/27/2007
Summary affirmance – commission did not err in finding that appellee sustained her burden of proving her right carpal tunnel syndrome constituted a compensable ordinary disease of life
2632062 Eleanor A. Snellings v. Mary Washington Hospital and Reciprocal of America 02/27/2007
Summary affirmance – commission did not err in denying appellant’s claim for an award of permanent partial disability benefits
0052062 Adian Marsell Barth v. Commonwealth 02/20/2007
No error in trial court’s denial of appellant’s motion to strike the breaking and entering charge as the evidence was sufficient to support appellant’s conviction of breaking and entering with the intent to commit assault and battery
0159062 David Franklin Taylor v. Commonwealth 02/20/2007
Trial court did not err in denying appellant’s motion to suppress; appellant’s conviction for carrying a concealed weapon is affirmed
0767061 Kimberly J. Hosier v. Charles S. Hosier 02/20/2007
Trial court reasonably calculated the value of wife’s separate interest in marital home, did not err in ordering the home sold on the open market, had jurisdiction to require the sale of personal property, acted within its factfinding discretion in awarding child and spousal support, properly declined wife’s request for an award of attorney fees, and did not err in finding wife in contempt
2596061 Scott Siler and Robert Farguhar v. Joseph E. Pulliam 02/20/2007
Summary affirmance - those questions and arguments raised before the commission are without merit
2621061 Travelers Indemnity Company v. Joseph E. Pulliam 02/20/2007
Summary affirmance - those questions and arguments raised before the commission are without merit
2938053 Mark Anthony Graves v. Commonwealth 02/20/2007
Trial court did not err in excluding evidence of the victim’s bias against appellant, in exercising jurisdiction over the charged criminal offenses, or in holding the evidence was sufficient to convict appellant; appellant’s convictions for two counts of third-offense domestic assault and battery are affirmed
2975054 Douglas Eugene Rector v. Commonwealth 02/20/2007
No error in trial court’s denial of appellant’s motion to suppress as established Fourth Amendment precedent supports the trial court’s ruling; judgment affirmed
3038054 Timothy Rollison v. Commonwealth 02/20/2007
Trial court did not commit reversible error in instructing the jury, after appellant’s closing argument and before the Commonwealth’s rebuttal argument, that self-defense was not an issue in the case and that it must decide the case based on the instructions previously given; appellant’s convictions are affirmed
0075061 Warren Banks, a/k/a Shortstop v. Commonwealth 02/13/2007
Trial court did not err in convicting appellant of possession of a firearm while in possession of cocaine as the evidence was sufficient to prove appellant “was aware of both the presence and the character” of the scales and the scales were “subject to his dominion and control”
0576063 Tina E. Hudson v. Franklin County Department of Social Services 02/13/2007
Trial court’s determination that the 2003 order awarding appellant custody of her biological child is void for lack of jurisdiction is reversed; this case is remanded to the trial court
1269052 April Nicole Corsaro v. Commonwealth 02/13/2007
Rehearing En Banc granted
1312063 Wal-Mart Associates, Inc. and Insurance Company of the State of Pennsylvania v. John M. Jones 02/13/2007
Commission did not err in failing to vacate the deputy commissioner’s opinion on grounds of mootness and in refusing to consider the representations and documents employer presented to support its mootness argument; commission’s decision concluding that employer is responsible for a pain clinic evaluation for claimant is affirmed
1433052 Anselmo M. Rozario v. Commonwealth 02/13/2007
Rehearing En Banc granted
1611061 Elbow Farm, Inc. and Elbow Enterprises, Inc., etc. v. David K. Paylor, et al. 02/13/2007
Judgment of the trial court affirming a decision by the Director of the Department of Environmental Quality denying appellants’ requests for variances from ground water monitoring requirements at their landfill and requiring ground water monitoring at the closed portion of the landfill is affirmed
2010062 Tracy Ann Kohut v. Kenneth R. Osborne 02/13/2007
Summary affirmance – no error in trial court’s decision to change physical custody of appellant’s son from her to the child’s father
2025064 Joseph Michael Russell v. Nancy Lynne Russell 02/13/2007
Summary affirmance – trial court did not err by refusing to declare void and to vacate its June 15, 2005 order at a July 7, 2006 hearing as the trial court lacked jurisdiction to revisit the June 15, 2005 order
2252052 Eric Lee Campbell v. Commonwealth 02/13/2007
Trial court erred in denying appellant’s motion to suppress because the evidence of appellant’s driving on a suspended license was discovered through an unlawful stop; appellant’s conviction is reversed and the case is remanded to the trial court
2617054 Craig M. Lantion v. Commonwealth 02/13/2007
Trial judge erred in denying appellant’s motion to suppress the evidence as the officer did not have a reasonable articulable suspicion necessary to detain appellant; appellant’s conviction is reversed and the indictment is dismissed
2840051 Matthew Snell v. Commonwealth 02/13/2007
Trial court did not err in denying appellant’s motion to suppress as the officers had probable cause to detain appellant and to unfold the dollar bill and seize the cocaine found within; appellant’s conviction for possession of cocaine is affirmed
0483061 Mark William Gautier v. Commonwealth 02/06/2007
Trial court erred by amending its original sentencing order as it no longer had jurisdiction to modify or amend the original order; the amended original sentencing order and the subsequent probation violation order are vacated; the case is remanded to the trial court
0852061 Cheryl Ann Cheresko, a/k/a Cheryl Ann Culbreth v. Commonwealth 02/06/2007
Trial court did not err in denying appellant’s motion to suppress; appellant’s conviction of possession of cocaine is affirmed
1676062 Lloyd H. Brown, Sr. v. Rosalind H. Brown 02/06/2007
Summary affirmance – trial court did not err in finding it had jurisdiction, in denying the husband’s request for attorney’s fees, and in refusing to modify its prior decision regarding spousal support
1682061 Irma Marie Polemeni v. Joseph Polemeni 02/06/2007
Trial court did not err by awarding the divorce on the ground of adultery, by denying wife’s request for spousal support, and by awarding husband primary physical custody of the parties’ two minor children
1961064 Patrick Joseph Mooney v. Laurie Jean Mooney 02/06/2007
Summary affirmance – trial court did not abuse its discretion in declining to reduce husband’s child and spousal support obligations to the extent he sought, finding husband in contempt for failure to pay his previously ordered spousal and child support, and awarding wife attorney’s fees
2276051 Anthony Dion Debroux v. Commonwealth 02/06/2007
Trial court did not err in finding the evidence was sufficient to prove that appellant possessed marijuana and cocaine; appellant’s convictions are affirmed
2493062 Debra A. Martin v. Bitco Corporation and Liberty Mutual Fire Insurance Company 02/06/2007
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
2792053 Lynchburg Division of Social Services v. James Cook, Sandra Cook and Jimmy Cook 02/06/2007
Trial court erred in awarding custody pursuant to Code Sections 16.1-278.15 and 20-124.3, and in removing appellant from the case; judgment is reversed and the case is remanded to the trial court
3037052 Andre Coseal Morton v. Commonwealth 02/06/2007
For the reasons set forth in Brooks v. Commonwealth, trial court did not err in admitting the certificate of analysis; appellant’s conviction for possession of cocaine with intent to distribute is affirmed
0232061 Maurice Lamar Thorogood v. Commonwealth 01/30/2007
Trial court did not err in finding the evidence sufficient to convict appellant of possession of cocaine with the intent to distribute
0577062 Edward Jerome Bullano v. Renee Zeigler Bullano 01/30/2007
Trial court did not err in admitting the testimony of the parties’ marriage counselor, in its award of spousal support or in its award of attorney’s fees and costs to wife, and in failing to award husband his attorneys’ fees and costs at trial
1916061 William W. Harrison, Jr. v. Paula Allegretto 01/30/2007
Summary affirmance – trial court did not err by failing to apportion marital debt paid by appellant after the parties separated when making the equitable distribution award
2199062 Henry County Pallet Company, Inc. and Forestry Mutual Insurance Company v. Marcelo H. Vazques 01/30/2007
Summary affirmance – commission did not err in finding that claimant was not required to prove a change in condition, the myoelectric arm is reasonable and necessary medical treatment for claimant’s compensable right arm injury, and his claim was not barred by the doctrine of res judicata
2318063 Tina Buchanan v. Bedford County Department of Social Services 01/30/2007
Trial judge did not err in terminating appellant’s residual parental rights to her minor child pursuant to Code Section 16.1-283(C)(2)
2344062 Blake Farm Dayschool, Inc. v. Areti Stylianopoulos Thompson 01/30/2007
Summary affirmance – no error in commission’s finding that appellee proved she sustained an injury by accident arising out of and in the course of her employment, and that her continuing symptoms and treatment were causally related to that accident
2515051 Perkins Jones v. Commonwealth 01/30/2007
This Court finds the officer had probable cause to arrest appellant based upon his observation that general district court orally ordered a capias; evidence was sufficient to convict appellant of obstruction of justice; appellant’s conviction is affirmed
3133052 Rodney William Lightfoot v. Commonwealth 01/30/2007
Trial court erred in finding appellant failed to make a prima facie showing of racial discrimination in the Commonwealth’s exercise of its peremptory strikes to remove two jurors from the venire; appellant’s convictions are reversed and the case is remanded to the trial court
0029061 Jason Keith Richards v. Commonwealth 01/23/2007
Trial court did not err by denying appellant’s motion to suppress the evidence collected during the execution of the search warrant; evidence was sufficient to support appellant’s conviction for possession of marijuana with the intent to distribute; appellant’s convictions are affirmed
0221061 Turzac Construction Corporation v. Commonwealth of Virginia, etc. 01/23/2007
As Board was unable to articulate standard by which appellant was adjudged to have violated its regulation by hiring four unlicensed subcontractors, circuit court’s affirmance of decision and imposition of sanctions are vacated
1399063 Jennifer Rothgeb v. Harrisonburg Rockingham Department of Social Services 01/23/2007
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children pursuant to Code Section 16.1-283(B)
2228061 Curtis Edward Boddie v. Newport News Shipbuilding and Dry Dock Company 01/23/2007
Summary affirmance – commission did not err in ruling that appellant failed to prove he sustained an injury by accident arising out of his employment
2302064 Lisa M. Murray v. Fairfax County School Board 01/23/2007
Summary affirmance – commission did not err in dismissing, with prejudice, appellant’s change-in-condition claim as being barred by the doctrine of res judicata
2701054 Howard Lewis Vincent, Jr. v. Commonwealth 01/23/2007
Appellant’s conviction of statutory burglary is reversed as the evidence was insufficient to prove appellant possessed the intent to commit larceny at the time of the breaking; appellant’s conviction is reversed and the indictment is dismissed
0505062 Ondrake Haywood Nero v. Sherri C. Williams 01/16/2007
Circuit court erred in dismissing appellant’s appeal as appellant was not required to post an appeal bond when he appealed the juvenile and domestic relations district court order in this case; judgment is reversed and the case is remanded to the trial court
0813064 Commonwealth of Virginia, Department of Social Services, etc. v. Milan Frantisek Zacek 01/16/2007
Trial court did not err in granting appellee’s motion for summary judgment by extending full faith and credit to the Illinois judgment
1219052 Alex Vaughan Airhart v. Commonwealth 01/16/2007
Appellant’s conviction for harassment by computer in violation of Code Section 18.2-152.7:1 is reversed and the indictment is dismissed as the evidence was insufficient to prove appellant’s communication was obscene
1602054 Metkel Alana, a/k/a Kenneth Foster v. Commonwealth 01/16/2007
This Court holds that appellant’s Fourth Amendment rights were not violated, that the trial court did not abuse its discretion by refusing to conduct an in camera review of the police report for “hypothetical” inconsistencies, and that the trial judge did not abuse his discretion by refusing to participate in appellant’s courtroom experiment; appellant’s convictions are affirmed
1645061 Christina Snead v. City of Hampton Department of Social Services 01/16/2007
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code Section 16.1-283(B) and (C)
2355052 John Edward Stewart v. Commonwealth 01/16/2007
Trial court erred in refusing to grant a mistrial when the Commonwealth failed to disclose exculpatory information until after the presentation of appellant’s evidence; appellant’s convictions are reversed and the case is remanded to the trial court
0250063 Frederick Leon Davis v. Commonwealth 01/09/2007
Trial court did not err in rejecting appellant’s claim of self-defense and in finding that appellant used excessive force; appellant’s conviction for assault and battery is affirmed
0334064 Jacqueline Ann Lesesne v. Thaddeus John Zablocki 01/09/2007
Judgment pertaining to the trial court’s ruling that the evidence was sufficient to prove appellee made a gift to appellant of his separate interest in the marital home at the time of the 1997 refinancing is reversed, and the matter is remanded to the trial court for reconsideration; judgment affirmed in part, reversed in part, and remanded
1869063 Commonwealth v. Jeffrey Maurice Wells 01/09/2007
Trial court did not err in concluding that the evidence presented by the Commonwealth at the suppression hearing failed to establish an investigatory stop based on a reasonable articulable suspicion of the evasion or avoidance of a roadblock; judgment of the trial court affirmed
1939052 William Scott MacDonald v. Commonwealth 01/09/2007
Trial court did not err in convicting appellant of solicitation to commit a felony and contributing to the delinquency of a minor
2250053 Harlen (Harlon) Dillon Blankenship v. Commonwealth 01/09/2007
Appellant failed to properly preserve for appeal the issue of whether the trial court erred in allowing the prosecutor to make improper remarks to the jury during his closing argument; appellant’s convictions are affirmed
2299053 Jeleeko Deforest Nichols v. Commonwealth 01/09/2007
Trial court did not err finding the evidence was sufficient to support appellant’s conviction of possessing a firearm as a convicted felon
2403052 Edger Barnett v. Commonwealth 01/09/2007
Trial court did not err in denying appellant’s motion to strike the Commonwealth’s evidence as the evidence was sufficient to prove that appellant attempted to break and enter the apartment building with the intent to commit larceny and that he possessed a burglarious tool; appellant’s convictions are affirmed
2589052 Jerry Lamont Barnes v. Commonwealth 01/09/2007
Trial court did not err in finding the prosecutor’s use of a peremptory strike to remove a member of the jury panel was not racially motivated, refusing to instruct the jury that malice may not ordinarily be inferred from a blow with a fist, and refusing to instruct the jury on heat of passion; appellant’s conviction is affirmed
2648052 Jayson Franklin Maxwell v. Commonwealth 01/09/2007
Rehearing En Banc granted
3078054 Devan Elisa Koch v. Commonwealth 01/09/2007
Appellant’s convictions of forgery and uttering of a public record are affirmed as the evidence was sufficient to prove the community service attendance sheet was a public record within the meaning of Code Section 18.2-168; trial court did not err in admitting into evidence a document providing appellant with notice that the community service attendance sheet was a public record
1168063 Donna Wheeler Miller v. Lester Crosson Miller, III 12/28/2006
No error in trial court’s denial of appellant’s motion to increase spousal support
1248053 James Richard Christopher v. Commonwealth 12/28/2006
Trial court did not abuse its discretion by relying on the indictments and in denying appellant’s motion for a bill of particulars; the remaining issues are procedurally barred; appellant’s convictions are affirmed
1331063 Scott E. Zinn v. Michelle L. Zinn 12/28/2006
Summary affirmance – no error in trial court’s decision to modify the visitation order
1396063 William Rothgeb, Sr. v. Harrisonburg Rockingham Department of Social Services 12/28/2006
Trial court did not err in terminating appellant’s parental rights to his three children under Code Section 16.1-283(B)
1434053 Cleveland Waynlee Southers, s/k/a Cleveland Waynelee Southers v. Commonwealth 12/28/2006
Trial court did not err in denying appellant’s motion to suppress his statement to police; appellant’s convictions are affirmed
1654052 Leon Nathaniel Pratt, Jr. v. Commonwealth 12/28/2006
Appellant’s conviction for uttering counterfeit currency is affirmed as the circumstantial evidence was sufficient to exclude all reasonable hypotheses of appellant’s innocence
1932061 Commonwealth v. Carl L. Desei 12/28/2006
Trial court erred in finding that the government initiated the contact with appellant and in granting appellant’s motion to suppress; judgment is reversed and the case is remanded for a determination of whether appellant knowingly and intelligently waived his previously invoked right to counsel
2055051 Dillard Booker, s/k/a Dillard J. Booker v. Commonwealth 12/28/2006
Appellant’s convictions of forcible sodomy, object sexual penetration, and abduction are affirmed as appellant’s right to a statutory speedy trial under Code Section 19.2-243 was not violated
2102053 Robert Dwayne Armstrong v. Commonwealth 12/28/2006
Trial court did not err in finding appellant guilty of unlawful carnal knowledge, in violation of Code Section 18.2-63
2189053 Gerald Eugene Kiser v. Commonwealth 12/28/2006
Trial court did not err in denying appellant’s motion to suppress evidence; appellant’s conviction for possession of a controlled substance with intent to distribute is affirmed
2198063 Rockingham Memorial Hospital and Reciprocal of America, et al. v. Barbara Lee Shifflett 12/28/2006
Summary affirmance – no error in commission’s finding that appellee established she sustained a change in condition causally related to her compensable right knee injury, and, therefore, the two-year limitations period contained in Code Section 65.2-708 was applicable to her claim for temporary total disability benefits
2384054 Adhan Maldonado, s/k/a Adan Maldonado v. Commonwealth 12/28/2006
Trial judge erred by failing to set aside the jury verdict after an ex parte communication occurred between court personnel and the jury during deliberations; appellant’s conviction is reversed and the case is remanded for a new trial
2441053 Barrett Thomas Vernon v. Commonwealth 12/28/2006
Trial court did not err in finding the evidence sufficient to convict appellant of two counts of uttering forged checks and two counts of petit larceny, second offense
2694043 John Mark Ealy v. Commonwealth 12/28/2006
Trial court did not abuse its discretion in refusing to allow appellant to question the witness about her nephew as the proffered evidence was not legally admissible; appellant’s convictions are affirmed
1443054 Lionel Nicholas Campbell v. Commonwealth 12/19/2006
Trial judge’s admission of the nurse’s report as a business record exception to the hearsay rule was harmless error; evidence was sufficient to support appellant’s conviction for rape
1734051 Katrina M. McKeel v. Commonwealth 12/19/2006
Trial court did not err by admitting the certificate of blood alcohol analysis without the live testimony of the operator of the breath test as appellant waived her rights to confrontation and cross-examination by failing to avail herself of her statutory right under Code Section 19.2-187.1 to subpoena the operator of the breath test
1754052 Joseph Booker v. Commonwealth 12/19/2006
Trial court’s judgment is affirmed as the trial judge permissibly instructed the jury that the court had “the power to reduce, but not increase the sentence” fixed by the jury; appellant’s sentence is affirmed
1769062 Coleman Homes, Inc. and Cincinnati Casualty Company v. William Jason Lynch 12/19/2006
Summary affirmance – commission did not err in finding that appellee proved permanent and total work incapacity causally related to his work-related brain injury
2169053 Cholco Jermaine Jones v. Commonwealth 12/19/2006
Trial court did not abuse its discretion in denying appellant’s motion for leave to withdraw his guilty pleas; appellant’s convictions affirmed
2780054 Jose Tulio Perez-Amaya, s/k/a Jose Tullio Perez-Amaya v. Commonwealth 12/19/2006
Judgment affirmed as the evidence was sufficient to establish penetration; appellant’s conviction of rape in violation of 18.2-61(A)(iii) is affirmed
2847053 Lloyd Daren Howell v. Commonwealth 12/19/2006
Trial court did not abuse its discretion in requiring that appellant make restitution for the cost of a security system installed after appellant burglarized a business; appellant’s convictions of statutory burglary and grand larceny are affirmed
0024051 DeAngelo M. Martin, s/k/a DeAngelo Marquese Martin v. Commonwealth 12/12/2006
Appellant’s convictions are affirmed as the evidence of other crimes in this case meets the exception for proving possession of the murder weapon and the trial court’s determination thereof was not plainly in error
1198064 Allen Lewis v. J. Michael Sharman, Guardian ad litem for the minor child 12/12/2006
Trial court erred in ruling the case could proceed on the petition of the guardian ad litem; trial court’s decision terminating appellant’s residual parental rights to his child is reversed
1553062 Tammy Diana Bowen v. Daniel Paul Smith 12/12/2006
Summary affirmance - appellant did not preserve under Rule 5A:18 arguments raised on appeal
1577063 Twila Eileen Martin v. Morris Dean Martin, Jr. 12/12/2006
Summary affirmance – no error in the trial court’s determination that wife failed to demonstrate the separation agreement was unconscionable and in its factual findings; trial court’s construction of the contract was correct; matter remanded to the trial court to fix reasonable attorney’s fees
1596052 Antinne Anderson v. Commonwealth 12/12/2006
Trial judge did not err in refusing to instruct the jury on the incidental detention doctrine; appellant’s convictions of abduction and assault and battery of a corrections officer are affirmed
1609052 Timothy Wayne Mawyer, a/k/a Timothy Wayne Jason Lee Mawyer v. Commonwealth 12/12/2006
Trial judge did not err in refusing to instruct the jury on the incidental detention doctrine; issue of whether the trial judge erred by denying appellant’s motion for a mistrial is procedurally barred; appellant’s convictions of abduction and assault and battery of a correctional officer are affirmed
1752052 Yvonne Barbara Jackson v. Commonwealth 12/12/2006
Trial court erred in finding the evidence was sufficient to support appellant’s conviction for obtaining money by false pretenses; judgment is reversed and the indictment is dismissed
1882051 Mustafa Salaam v. Commonwealth 12/12/2006
Judgment of the trial court affirmed as the trial court’s admission of the decedent’s dying declaration was harmless error
1966062 Food Lion, LLC and Delhaize America, Inc. v. William Henry Robertson 12/12/2006
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee’s claim was barred by willful misconduct pursuant to Code Section 65.2-306
2037062 Hall Mazda and VADA Group Self-Insurance Association v. Marshall S. Gowings, Sr. 12/12/2006
Summary affirmance – commission did not err in finding that appellee proved he sustained a compensable change in condition and by awarding appellee payment of related medical expenses, temporary total disability benefits, and temporary partial disability benefits
2156063 Deborah Porterfield v. Roanoke City Department of Social Services 12/12/2006
Trial court did not err in terminating appellant’s parental rights to her minor child pursuant to Code Section 16.1-283(C)(2)
3050054 Marron Franklin Anthony Nowlin v. Commonwealth 12/12/2006
Trial court did not err by denying appellant’s motion to suppress the evidence obtained during the search incident to his arrest; judgment affirmed
0341061 Eric Christopher Logan v. City of Hampton Department of Social Services 12/05/2006
No error in the trial court’s decision to change the goal in the permanent foster care service plan to adoption and in its termination of appellant’s parental rights
0363061 Eric Christopher Logan v. City of Hampton Department of Social Services 12/05/2006
No error in the trial court’s decision to change the goal in the permanent foster care service plan to adoption and in its termination of appellant’s parental rights
1733062 Philip Morris USA, Inc. and Twin City Fire Insurance Company v. Charlotte H. Cypress 12/05/2006
Summary affirmance – commission did not err in awarding permanent and total disability benefits to claimant
2181051 Milton Ray Palmer v. Commonwealth 12/05/2006
This Court does not address the merits of the issues raised by appellant on appeal as Rule 5A:20(e) bars us from addressing any issues unsupported by authority; judgment affirmed
0089064 Carlos Andres Arias v. United Masonry of Virginia, Inc. and Twin City Fire Insurance Company 11/28/2006
Upon rehearing en banc, judgment of the Virginia Workers’ Compensation Commission is affirmed for the reasons set forth in the panel majority opinion
0464061 Terri Colby Barr v. Mark H. Barr 11/28/2006
Trial court’s interpretation of the property settlement agreement is affirmed; no error found in the entry of the final divorce decree
1942052 Xavier Antonio Powell v. Commonwealth 11/28/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s convictions of malicious wounding, aggravated malicious wounding, and use of a firearm in the commission of a felony
2203051 Edmond Antonio White v. Commonwealth 11/28/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of grand larceny; trial court’s admission of the challenged other crimes evidence was harmless error
0062061 Dontay Roydale Buford, s/k/a Dontay Royale Buford v. Commonwealth 11/21/2006
No reversible error in trial court’s admission of hearsay evidence; decision of the trial court is affirmed
1158064 Nathan Seibert v. Alexandria Division of Social Services 11/21/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to his daughter pursuant to Code Section 16.1-283(B) and (C)
1346064 Lysbeth Tribble v. John H. Tribble 11/21/2006
Summary affirmance – issues raised on appeal are barred by Rule 5A:18
1355062 Barbara D. Boyd v. Virginia Employment Commission 11/21/2006
Summary affirmance – circuit court did not err in affirming the decision of the Virginia Employment Commission finding appellant disqualified for unemployment compensation because she left work voluntarily without good cause
1502062 Ronald L. Cook v. Nabisco, Inc. and American Protection Insurance Company 11/21/2006
Summary affirmance – those questions and arguments raised before the commission are without merit
1514052 Paris Antwan Barnes v. Commonwealth 11/21/2006
Trial court did not err in finding the evidence was sufficient to sustain appellant’s conviction for malicious wounding; trial court did not abuse its discretion when it considered appellant’s lack of remorse as a factor in imposing his sentence; judgment of the trial court affirmed
1672052 Kevin Lamont Tucker v. Commonwealth 11/21/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s convictions of statutory burglary, use of a firearm in the commission of a burglary, and attempted malicious wounding
1680062 Shane Orin Swindell v. CLC of Richmond and Companion Property and Casualty Insurance Company 11/21/2006
Summary affirmance – commission did not err in finding that claimant failed to prove he gave timely notice of his work-related accident to employer in accordance with Code Section 65.2-600
1825062 Jasper Construction Inc., et al. v. James Carrington Habina 11/21/2006
Summary affirmance – commission did not err in affirming the senior claims specialist’s rejection of employer’s application as employer failed to comply with Rule 1.4(E)
1839062 Bon Air Juvenile Correctional Center/Commonwealth of Virginia v. Tamara R. Lester 11/21/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove appellee unjustifiably refused vocational rehabilitation services
2037051 Latoya Yvette Mitchell, s/k/a Latoya Mitchell Y. v. Commonwealth 11/21/2006
Trial court did not abuse its discretion in accepting the investigator’s qualifications; trial court did not abuse its discretion in ruling the expert testimony did not invade the province of the jury
2567051 Gregory Thomas Lassiter v. Commonwealth 11/21/2006
Trial court erred in concluding that intent to use, sell, or transfer the credit card was not an element of the offense charged; judgment reversed and case remanded
2648052 Jayson Franklin Maxwell v. Commonwealth 11/21/2006
Trial court erred in finding the Commonwealth’s evidence sufficient to prove that appellant constructively possessed the drugs; appellant’s convictions are reversed and the indictments are dismissed
0822051 Jerome Washington v. Commonwealth 11/14/2006
Appellant’s conviction for third-offense assault and battery of a family or household member is affirmed
1269052 April Nicole Corsaro v. Commonwealth 11/14/2006
Trial judge erred in denying appellant’s motion to strike the Commonwealth’s evidence as the evidence was insufficient to corroborate appellant’s confession; appellant’s conviction for conspiracy to distribute a controlled substance is reversed and the indictment is dismissed
1433052 Anselmo M. Rozario v. Commonwealth 11/14/2006
Appellant’s conviction for summary contempt of court is reversed as the evidence was insufficient to prove the elements of contempt
2305053 Polly Ann Goodson v. Commonwealth 11/14/2006
Trial court erred by improperly allowing impeachment evidence; appellant’s conviction for solicitation to commit a felony is reversed and the case is remanded to the trial court
2515043 Terry Wayne Wolford v. Commonwealth 11/14/2006
This Court finds that appellant’s indictment and conviction for violating Code Section 46.2-817(B) were not barred by Code Section 19.2-294; evidence was sufficient to establish that appellant violated Code Section 46.2-817(B); as appellant did not prove ends of justice exception to Rule 5A:18, this Court cannot consider the merits of appellant’s other argument raised on appeal
0396061 Linda Faye Green v. City of Hampton Department of Social Services 11/07/2006
Trial court did not abuse its discretion in denying appellant’s motion to recuse; trial court did not err in terminating appellant’s residual parental rights to her child as the evidence was sufficient to meet the clear and convincing standard required by Code Section 16.1-283(C)(2)
0560053 Calvin Lovell Hurt v. Commonwealth 11/07/2006
Trial court did not err by denying appellant’s motion to strike the evidence; evidence was sufficient to support appellant’s conviction for possession of cocaine with the intent to distribute
0571063 Terrence Allen McCrady v. Valley Redi Mix Co., Inc., et al. 11/07/2006
Summary affirmance – commission did not err in denying claimant’s claim for benefits
0779052 Michael Gene Bodine v. Commonwealth 11/07/2006
Appellant’s convictions for possession of child pornography are affirmed as appellant’s prosecution under Code Section 18.2-374.1:1 did not violate his constitutional right to be free from ex post facto punishment
1485051 Travis Antonio Barnes v. Commonwealth 11/07/2006
Judgment of the trial court affirmed as the trial court did not improperly enhance appellant’s sentence nor did it violate the rule of law expressed in Apprendi or Blakely
1543062 Raymond Garnett Bates v. Molins Richmond, Inc. and Insurance Company of the State of Pennsylvania 11/07/2006
Summary affirmance – no error in commission’s finding that claimant’s claim was barred by the statute of limitations
1618051 Calvin Dean Coleman, II v. Commonwealth 11/07/2006
Trial court did not err in finding the evidence sufficient to support appellant’s convictions of eight counts of attempted malicious wounding and eight counts of use of a firearm in the commission of a felony
1907051 Ladonna Lou Joyce v. Commonwealth 11/07/2006
Trial court’s revocation of appellant’s April 11, 2003 suspensions and imposition of the unserved portions of the original sentences is affirmed; trial court’s revocation of appellant’s February 13, 2004 suspensions is reversed and this matter is remanded to the trial court with directions to reinstate those suspensions; judgment affirmed in part, reversed in part, and remanded
1937052 Freddie Lamont Mitchell v. Commonwealth 11/07/2006
Trial court did not err in admitting the certificate of analysis as the Commonwealth proved that the evidence the lab tested was the same evidence recovered from appellant’s person
2622052 Vernon Leo Pope, Jr. v. Commonwealth 11/07/2006
This Court cannot consider appellant’s argument that the trial court erred by entering the jury room, without counsel or a court reporter, to answer a question posed during sentencing as appellant did not properly preserve the issue for appeal and the ends-of-justice exception does not apply; appellant’s convictions are affirmed
0530053 John Adams Messina, s/k/a John Adam Messina v. Commonwealth 10/31/2006
As appellant did not prove ends of justice exception to Rule 5A:18, appellant’s conviction of aggravated sexual battery is affirmed
0581054 Dale Leon Kreider v. Commonwealth 10/31/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction for involuntary manslaughter as the Commonwealth proved appellant was criminally negligent
0661061 Gwaltney of Portsmouth and Fidelity & Guaranty Insurance Company v. Shelia Pelham 10/31/2006
Commission did not err in awarding benefits to claimant as credible evidence supports the commission’s finding of causation
1202063 Benjamin Abbitt v. Lynchburg Division of Social Services 10/31/2006
No error in trial court’s decision terminating appellant’s residual parental rights to his minor child pursuant to Code Section 16.1-283(B)
1303051 Juanita Delores Marsh v. Commonwealth 10/31/2006
Trial court did not err in convicting appellant for operating a motor vehicle after having been declared a habitual offender as the evidence, including appellant’s own statements, was sufficient to prove appellant was a habitual offender at the time of the driving at issue
1671052 Breon Lewis, s/k/a Breon Damont Lewis v. Commonwealth 10/31/2006
Appellant’s abduction conviction is affirmed as appellant failed to rebut the presumptive verity of the jury trial order
1756064 Circharo Acquisition Corporation and American Home Assurance Company v. Beulah Kay Sadler 10/31/2006
Summary affirmance – no error in commission’s finding that appellee proved she sustained an injury by accident arising out of and in the course of her employment
2199052 Diana Clareen Harris v. Commonwealth 10/31/2006
Trial court erred in finding the evidence sufficient to establish venue in Henrico County as the evidence is not sufficient to give rise to a strong presumption that the offenses were committed in Henrico County; judgment is reversed and the case is remanded to the trial court
2254051 Roosevelt Walker, III v. Commonwealth 10/31/2006
Appellant’s conviction of conspiracy to distribute cocaine is affirmed as this Court finds that it was reasonable for the jury to conclude, under the facts of this case, that appellant entered into an agreement to distribute drugs to a third party
2343054 Kylor E. Whitaker v. Lynne Marie Whitaker 10/31/2006
Trial court erred in its equitable distribution award; equitable distribution award is reversed and the case is remanded to the trial court; spousal support award is also reversed and remanded to the trial court for adjudication in accordance with Code Section 20-107.1; award of attorney’s fees is remanded
2509051 James Council Walker v. Commonwealth 10/31/2006
Trial court did not err in convicting appellant for possessing an unauthorized weapon capable of causing death or injury while a prisoner in a state, local or community correctional center as the evidence was sufficient to prove appellant knowingly possessed the razor blade
2695051 Alvin Parkins, s/k/a Alvin Parkins, III v. Commonwealth 10/31/2006
Trial court did not abuse its discretion in ordering appellant to serve one year six months of his previously suspended sentences
2811051 Kareem Jemar Bennett v. Commonwealth 10/31/2006
Trial court did not err in finding the eyewitness identification testimony was sufficient to support appellant’s conviction for driving after having been declared a habitual offender
3110052 Larry Aylette Aylor, Sr., et al. v. Madison County Department of Social Services, et al. 10/31/2006
This Court holds that the circuit court judge acted within statutory authority as the provision of the order committing the juvenile to a residential facility is fully consistent with the express language of Code Section 16.1-292(E); we do not address the issue of the judge’s authority to order payment as appellants’ failure to adequately brief this question presented is a waiver of the issue
3141052 Paul E. Groves v. Virginia Employment Commission 10/31/2006
Summary affirmance – no error in trial court’s finding that appellee acted within its authority, that the record supports appellee’s decision that appellant received benefits to which he was not entitled, and that appellant is liable to repay that sum to appellee
0218062 James Deleslie Kennedy v. Mildred D. Kennedy 10/24/2006
Trial court’s decision awarding appellee a divorce on the ground of cruelty is affirmed; trial court’s equitable distribution award, spousal support award, and award of attorney’s fees and costs are reversed, and those matters are remanded to the trial court for reconsideration
0993061 Mark Varrick, s/k/a Mark R. Varick v. Newport News Department of Social Services 10/24/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to his minor son
1106061 Phyllis L. Daye v. Atria Hilltop and Sentry Insurance A Mutual Company 10/24/2006
Summary affirmance – no error in commission’s finding that claimant failed to establish that appellees were responsible for the cost of certain medical treatment associated with her left wrist under the terms of the compromise settlement approved by the commission
1251052 Aaron Joshua Robinson v. Commonwealth 10/24/2006
Trial court did not err in refusing appellant’s proffered jury instruction on self-defense without fault as the evidence in this case fails to support a jury instruction on self-defense without fault; appellant’s convictions affirmed
1565052 Branden Shawne Ghee, s/k/a Brandon Ghee v. Commonwealth 10/24/2006
This Court affirms appellant’s conviction and mandatory punishment imposed in accord with Code Section 18.2-308.2; evidence was sufficient to establish that appellant violated Code Section 18.2-308.2
0117063 Walter Everett Childress v. Appalachian Power Company 10/17/2006
Summary affirmance – those questions and arguments raised before the commission are without merit
0124063 Home Improvement Specialist, et al. v. Daniel Lee Brown 10/17/2006
Appeal dismissed without prejudice as the order appealed from is interlocutory, is not determinative of the controversy, and does not address the merits of the case
0225063 Selina Faye Jessee v. Logisticare Solutions, LLC and Twin City Fire Insurance Company 10/17/2006
Commission did not err in finding that claimant failed to prove her injury arose out of her employment and in determining the evidence was not sufficient to prove that wax or any other slippery substance or defect existed on the steps, causing her to slip and fall
0292064 Patricia A. Cherin v. John Cherin 10/17/2006
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
0610063 Town of Coeburn and Virginia Municipal Group Self-Insurance Association v. Wesley R. Sigmon 10/17/2006
Summary affirmance – commission did not err when it found that appellee proved his back injury and resulting disability were causally related to his compensable injury be accident, appellee proved employer had actual notice of the accident, and employer failed to prove any prejudice associated with appellee’s failure to provide written notice of the accident
0902063 Timothy Martin Barrett v. Valerie Jill Rhudy Barrett 10/17/2006
This Court finds the trial court’s custody order satisfied the requirements of Code Section 20-124.3; this Court is barred from considering issues one and three presented on appeal because of appellant’s failure to provide the Court with a sufficient appendix containing parts of the record germane to the questions presented on appeal; judgment of the trial court affirmed
1149063 Red Onion State Prison/Commonwealth of Virginia v. Jerlene J. Rose 10/17/2006
Summary affirmance – no error in commission’s finding that claimant proved her compensable injury by accident aggravated her pre-existing psychiatric condition and awarding claimant temporary total disability benefits
1493061 Newport News Shipbuilding and Dry Dock Company v. Alonza Wilson, Jr. 10/17/2006
Summary affirmance – commission’s decision awarding claimant permanent partial disability benefits affirmed
1721051 Quinton Utell Burton v. Commonwealth 10/17/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction for grand larceny and in finding venue proper under the circumstances of this case
2716053 Christopher R. Patrick v. Commonwealth 10/17/2006
Trial court did not err in finding the evidence sufficient to sustain appellant’s conviction for sexual battery
2742054 The Estate of Alejandro Enrique Aguilar Ho v. Information Technology Solutions, et al. 10/17/2006
Commission did not err in finding that the decedent’s accident and death arose out of and in the course of his employment
2868053 Jerry Nolan and Charles Wright v. Virginia Department of Corrections, Botetourt Correctional Center 10/17/2006
Appeal dismissed as appellants’ issues raised on appeal are procedurally defaulted
0154061 Leslie Tafe Hackemeyer v. John Hackemeyer 10/10/2006
Trial court did not abuse its discretion in its interpretation of its own order and in finding that husband was not obligated under the new mortgage
0182062 Wayne L. Davis, Jr. v. Preferred People Staffing and Continental Casualty Company 10/10/2006
Summary affirmance – commission did not err in denying appellant’s claim for an injury by accident or, in the alternative, an occupational disease based on its finding that he failed to prove he sustained an injury to his right eye causally related to his employment
0489063 Southwestern Virginia Mental Health Institute v. Sheila Mae Wright 10/10/2006
Commission did not err in awarding benefits to claimant as claimant’s delayed post-traumatic stress disorder was causally related to the sexual assault she sustained in the course of her employment; commission’s award of benefits is affirmed
0669063 Gerri Oliver v. Roanoke City Department of Social Services 10/10/2006
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children under Code Section 16.1-283(B)(2)
0742061 Shannon Fauncher-Whitney v. City of Hampton Department of Social Services 10/10/2006
Summary affirmance – trial court did not err by terminating appellant’s parental rights to her child pursuant to Code Section 16.1-283(C)(2)
0843064 Dennis E. Bellamy v. Food Lion LLC #1226 and Delhaize America, Inc. 10/10/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of and in the course of his employment
1005062 Demetrice Lassiter v. Children’s Home Society of Virginia 10/10/2006
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her minor child pursuant to Code Section 16.1-283
1178053 Duane Michael Johnson v. Commonwealth 10/10/2006
Appellant’s failure to comply with the requirements of Rule 3A:9 constitutes a waiver of his objection to the indictments; appellant’s convictions are affirmed
1401064 Justin Everett Peck v. R.G. Management Services, Inc. 10/10/2006
Summary affirmance – commission did not err in finding that appellant failed to prove he sustained an injury by accident arising out of his employment, the effects of his idiopathic fall were not compensable, and the “street risk” doctrine was inapplicable
1592044 Malcolm Parker v. Commonwealth 10/10/2006
Upon rehearing en banc, judgment of the trial court affirmed for the reasons stated by the dissent
2154052 David Wayne Davis v. Commonwealth 10/10/2006
Appellant’s argument is procedurally barred by Rule 5A:18; appellant’s conviction is affirmed
2522052 Greene County Department of Social Services v. George Green 10/10/2006
This appeal is dismissed as opposing counsel did not receive notice of the appeal within thirty days after the entry of the final judgment as required by Rule 5A:6(a), this Court is without jurisdiction to entertain this appeal
2692052 Asia Green v. Greene County Department of Social Services 10/10/2006
Trial court did not err by terminating appellant’s parental rights pursuant to Code Section 16.1-283(C)
2881054 Sherrie Mayo v. Gregory Mayo 10/10/2006
Rule 5A:18 bars appellant from raising issue for first time on appeal that the trial court lacked subject matter jurisdiction to grant the divorce
0014064 Mary Haley v. Commonwealth of Virginia, Virginia Real Estate Appraiser Board 10/03/2006
Trial court did not err in dismissing appellant’s petition for appeal regarding the Virginia Real Estate Appraiser Board’s revocation of her appraiser’s license; as appellant never requested a formal hearing, as permitted under Code Section 2.2-4020, she was not entitled to cross-examination or testimony under oath pursuant to Code Section 2.2-4019
0037064 Jeffrey M. Johnson v. Leslie C. Johnson 10/03/2006
Trial court did not err in determining that wife retained her separate interest in the business despite the fact that the business’ profits were used to reduce the mortgage on its sole asset and that the parties’ conversion of the business from a partnership to a limited liability company during the marriage did not make the business marital property
0204064 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in finding father in contempt
0609052 Ronald Wayne Malbrough, Jr. v. Commonwealth 10/03/2006
Trial court did not err in denying appellant’s motion to suppress as the officers and appellant were engaged in a consensual encounter after the conclusion of the traffic stop; judgment of the trial court is affirmed
0694051 Brandon Clifford Hayes v. Commonwealth 10/03/2006
Trial court did not abuse its discretion by refusing to strike a prospective juror for cause
0767051 Bryan Lee Lindsey v. Commonwealth 10/03/2006
Trial court did not lack jurisdiction to try appellant as the trial order recites that both the Commonwealth’s attorney and the trial court concurred in appellant’s waiver of a jury trial
1107064 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in finding father in contempt, in incarcerating him, or in refusing to grant him visitation with the child
1122062 Commonwealth v. Carlos Fernando Wimbish 10/03/2006
Trial court erred in granting appellee’s motion to suppress his statements as the Commonwealth was not required to repeat the Miranda warnings when the interrogation resumed; judgment reversed and case remanded
1263054 Herbert Ray Palmer v. Commonwealth 10/03/2006
Trial court did not abuse its discretion in revoking three months of appellant’s previously suspended sentence of eight years nine months as the behavior upon which the trial court based the revocation violated the good behavior condition of the suspension of appellant’s sentence
1431054 Samuel Alvaro Perez v. Commonwealth 10/03/2006
As appellant’s dual convictions violate the Double Jeopardy Clause, one of appellant’s two convictions for possessing a firearm after having been convicted of a felony is reversed and this case is remanded to the trial court for resentencing; as the evidence was sufficient to establish the fact of appellant’s prior felony conviction, appellant’s remaining conviction is affirmed
1469054 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in scheduling a custody hearing and in modifying custody based in part on an expert clinical psychologist’s informed opinion; trial court did not abuse its discretion in ruling the child’s medical records to be undiscoverable, in admitting father’s deposition transcript into evidence and in granting mother sole custody of the child
1832054 Robert E. Wilson, Jr. v. Commonwealth 10/03/2006
Trial court did not err in finding the evidence was sufficient to prove appellant constructively possessed the firearm and marijuana found in his vehicle; appellant’s convictions for possession of a firearm by a convicted felon and possession of marijuana are affirmed
2247054 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in entering the August 19, 2005 order as the order was a clarification, not a modification, of the original order
2585054 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – no reversible error found in trial court’s September 23, 2005 order denying father’s motion to unseal the file in this case
3151054 Joseph Michael Russell v. Nancy Lynne Russell 10/03/2006
Summary affirmance – trial court did not err in finding father in contempt
0263051 Reggie Gatling, s/k/a Reggie A. Gatling v. Commonwealth 09/26/2006
Trial court did not err in finding that appellant was represented by counsel at the time of his juvenile court conviction; appellant’s conviction of possession of a firearm by a convicted felon is affirmed
0462063 Misty Ratcliff v. Dickenson County Department of Social Services 09/26/2006
Summary affirmance – trial court did not err in finding the evidence sufficient to terminate appellant’s parental rights to her two minor children pursuant to Code Section 16.1-283(C)(2)
0569063 Pamela Cox v. Wise County Department of Social Services 09/26/2006
Trial court did not err by granting the department of social services full custody of appellant’s child at the same time it terminated appellant’s parental rights; this Court cannot consider appellant’s argument that the trial court failed to determine whether the department of social services had followed proper procedures as appellant failed to preserve this issue for appeal
1072054 Jonathan Scott Towner v. Paulette Moore Towner 09/26/2006
Trial court did not err in finding money received by appellee from her parents were loans and not gifts and in awarding attorney’s fees to appellee; trial court erred in ruling the evidence was sufficient to retrace appellee’s separate property; that part of the judgment pertaining to the equitable distribution award is reversed and this matter is remanded to the trial court
1313063 Timothy Wayne Shively v. Blue Ridge Aquaculture and Erie Insurance Company 09/26/2006
Summary affirmance – no error in commission’s finding that appellant was not entitled to a de facto award and the doctrine of imposition did not apply to save his claim from the limitations bar
0342061 LaGene V. Watkins v. City of Hampton Department of Social Services 09/19/2006
As the trial court’s decision to terminate appellant’s parental rights was based solely upon appellant’s incarceration, the judgment of the trial court is vacated and the case is remanded
0364061 LaGene V. Watkins v. City of Hampton Department of Social Services 09/19/2006
As the trial court’s decision to terminate appellant’s parental rights was based solely upon appellant’s incarceration, the judgment of the trial court is vacated and the case is remanded
0365061 LaGene V. Watkins v. City of Hampton Department of Social Services 09/19/2006
As the trial court’s decision to terminate appellant’s parental rights was based solely upon appellant’s incarceration, the judgment of the trial court is vacated and the case is remanded
0366061 LaGene V. Watkins v. City of Hampton Department of Social Services 09/19/2006
As the trial court’s decision to terminate appellant’s parental rights was based solely upon appellant’s incarceration, the judgment of the trial court is vacated and the case is remanded
0654064 Kelly Willkie Oxley v. Fairfax County Department of Family Services 09/19/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights pursuant to Code Section 16.1-283(B)(2)(b) and (C)(2)
0765063 Ethel Gibson and Jerry Gibson v. Roanoke City Department of Social Services 09/19/2006
Trial court did not err in denying appellants’ petition for custody of their three grandchildren
0803063 Ronnie Oliver, Sr. v. City of Roanoke Department of Social Services 09/19/2006
Trial court did not err in finding the evidence sufficient to terminate appellant’s parental rights to his three children under Code Section 16.1-283(B)(2)
0863063 Margie Rush Harder v. Campbell County Department of Social Services 09/19/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights pursuant to Code Section 16.1-283(B) and (C)(2)
1000051 George Perry v. Commonwealth 09/19/2006
Trial court did not err in convicting appellant of forgery of a check and uttering that forged check as the check was of sufficient apparent legal efficacy
1254061 Ford Motor Company v. William K. Favinger 09/19/2006
Summary affirmance – commission did not err in awarding temporary partial disability benefits to claimant during certain periods of wage loss
1275062 John E. Hall Electrical Company and The Union Insurance Company v. Steven Allen McFerrin 09/19/2006
Summary affirmance – no error in commission’s finding that employer failed to prove that appellee’s marijuana intoxication barred his claim for benefits pursuant to Code Section 65.2-306
1073062 Eastern State Hospital/Commonwealth of Virginia v. Sarah Elizabeth Johnson 09/12/2006
Summary affirmance – commission did not err in finding that claimant was entitled to an award of temporary partial disability benefits; matter remanded to correct clerical error in commission’s award
1166062 Albemarle (County of) Fire Department, et al. v. Michael Jason Davis 09/12/2006
Summary affirmance – commission did not err in awarding compensation to claimant for a compensable occupational disease
2363054 Uday Patel v. Lavina Patel 09/12/2006
Trial court did not err in classifying a portion of the investment in the residence, four bank accounts, and an investment account, as marital property, in valuing two of those bank accounts as of the separation date, and in awarding attorney’s fees to wife
2791051 Clifton O. Ballard, III v. Bethel B. Ballard 09/12/2006
No reversible error in the trial court admitting evidence of negotiation and compromise between the parties; trial court erred by basing its division of the marital estate on a perceived economic hardship created by the divorce; judgment pertaining to the equitable distribution award is reversed and this matter is remanded to the trial court to reconsider the division of the marital property
1085064 Giant Food, Inc. #142 and Ahold USA Holdings, Inc. v. Ondria Griffin 09/05/2006
Summary affirmance – no error in commission’s finding that claimant sustained her burden of proving ongoing disability and awarding her temporary total disability benefits based upon what employer claims are an incomplete medical diagnosis and inaccurate medical history
1150063 Cleve Curry v. Consol Energy, Inc. 09/05/2006
Summary affirmance – commission did not err in finding that appellant specifically declined to allege his post-traumatic stress disorder (PTSD) as an injury by accident and failed to prove that his PTSD constituted a compensable occupational disease
1179063 R. Blake Dingler v. Roanoke College and Travelers Indemnity Company of America 08/29/2006
Summary affirmance – commission did not err in finding that appellant failed to prove he sustained a compensable injury by accident arising out of and in the course of his employment
1188062 Inland Paperboard and Packaging, Inc., et al. v. Junius Nelson, Jr. 08/29/2006
Summary affirmance – no error in commission’s finding that appellee proved his disability and medical treatment were causally related to his compensable injury by accident
1515054 Frank Linwood Murray, Jr. v. Commonwealth 08/29/2006
Appellant’s conviction affirmed as this Court finds our consideration of the merits of appellant’s claims of error barred
1579053 Brenda S. Neofotis v. Commonwealth 08/29/2006
Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed
1580053 Nicky Neofotis v. Commonwealth 08/29/2006
Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed
0293064 Sheila Datta v. Fairfax County Department of Family Services 08/22/2006
Summary affirmance – trial court did not err in finding appellant’s child was neglected pursuant to Code Section 16.1-228(5) and in ordering custody of the child remain with the Fairfax County Department of Family Services
0550061 Pamela Young v. Chesapeake Department of Human Services 08/22/2006
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
0930063 Wilda Sellers Clear v. Piney Forest Healthcare Center and Hartford Casualty Insurance Company 08/22/2006
Summary affirmance – commission did not err in finding that appellant failed to prove a compensable cervical condition causally related to her work injury and that appellant was not entitled to medical benefits for treatment of that condition or wage loss benefits
0963062 Haley of Farmville v. Bruce Wayne Strickland, Sr. 08/22/2006
Summary affirmance – commission did not err in finding that appellee proved he continued to be disabled from performing the full duties of his pre-injury employment as a result of his compensable injury by accident and awarding appellant temporary partial disability benefits
1134061 Gary Lynn Powell v. IPC International Corporation and Travelers Indemnity Company of America 08/22/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of his employment
1625053 Brenda Lee Fattaleh v. Commonwealth 08/22/2006
This Court holds that the Commonwealth did not meet its burden to show either an express or de facto waiver of trial counsel by appellant; appellant’s conviction for misdemeanor disorderly conduct is reversed and the case is remanded
2401054 Audra Jane Acchione v. Geoffrey Lawrence Acchione 08/22/2006
No error in trial court’s award of primary physical custody to father as the evidence was sufficient to support the award; trial court did not abuse its discretion in its consideration of the custody factors of Code Section 20-124.3
2483052 Paul Marvin Blythe v. Joyce Wright Blythe 08/22/2006
Appellant waived his arguments by failing to comply with Rule 5A:20; judgment of the trial court affirmed
2538053 Darryl Stacy Harris v. Tracy N. Burd 08/22/2006
Appellant did not preserve under Rule 5A:18 arguments raised on appeal
3053054 Stephen Jimenez v. Julia A. Jimenez 08/22/2006
Summary affirmance – no error in trial court’s order temporarily reducing appellant’s child support obligation
0105062 Harry Carter v. Eagle Global Logistics and Continental Casualty Company 08/15/2006
Summary affirmance – commission did not err in finding that appellant’s request for review of the deputy commissioner’s opinion was not timely filed and, therefore, the commission lacked jurisdiction to consider the review request
0650064 Joseph B. Valder v. Mary M. Valder 08/15/2006
Summary affirmance – trial court did not abuse its discretion in refusing to impute additional investment income to wife and in refusing to require wife to invest the $25,000 she received from the settlement agreement in an interest producing account
0842062 City of Richmond Public Schools and CompManagement, Inc. v. Catrina Yvette Lassiter 08/15/2006
Summary affirmance – no error in commission’s finding that appellee proved she sustained a compensable injury by accident when she received an electrical shock while working, which resulted in causally related psychiatric symptoms
0845063 The Kroger Company and Continental Casualty Company v. Diane L. Rouleau 08/15/2006
Summary affirmance – commission did not err in finding that appellee’s decision to refuse employer’s offer of selective employment was reasonable and not unjustified
0929062 Emeritus Corporation d/b/a Wilburn Gardens, et al. v. Elizabeth Ann Smythers 08/15/2006
Summary affirmance – commission did not err in finding that appellee did not unjustifiably refuse an offer of light-duty work procured by employer and that appellee adequately marketed her residual work capacity during the time period claimed
0931062 James J. Rixner v. Richmond (City of) Fire Department 08/15/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove the communication of an occupational disease
0966062 Bacova Guild, Ltd. and Liberty Mutual Fire Insurance Company v. Ernest Gordon Shinault, Sr. 08/15/2006
Summary affirmance – commission did not err in awarding appellee temporary total disability benefits and finding appellee proved an injury by accident arising out of his employment and causally related disability
2803051 Gary Epps, Sr. v. City of Newport News Department of Social Services 08/15/2006
Trial court did not err in finding the evidence sufficient to terminate appellant’s residual parental rights to his son pursuant to Code Section 16.1-283(C)(2)
0551064 David Allen Robison v. Jodi Lynnae Robison 08/08/2006
Summary affirmance - no error in trial court's finding that appellant's proposed payment schedule was unreasonable and in directing appellant to pay equal monthly installments to appellee
0652063 John Edward Kirk, Sr. v. Southern Air, Inc., et al. 08/08/2006
Summary affirmance - no error in commission's finding that appellant failed to prove his right foot problems were causally related to compensable injury by accident or that he was entitled to a change in treating physicians
0699052 Lalita Yeldell v. Commonwealth 08/08/2006
Trial court erred in allowing Commonwealth's accident reconstruction expert to give opinion testimony as to how motor vehicle accident occurred; convictions of driving under the influence, two counts of involuntary manslaughter and maiming while driving under the influence reversed and remanded to trial court of new trial
0784063 Debra Kay Truslow Harris, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 08/08/2006
Summary affirmance - no error in trial court's decision to terminate appellant's parental rights to her minor child
1356052 Brandon P. Sessoms v. Commonwealth 08/08/2006
Trial court did not lack jurisdiction to convict appellant of attempted sodomy and aggravated sexual battery as any defects in transfer proceeding cured by grand jury's return of indictments
1567052 George Anthony Patterson v. Commonwealth 08/08/2006
No reversible error in trial court's decision to admit vehicle registration card; evidence supported convictions of possession of marijuana and possession of a firearm by a felon
2011051 Arthur Junious Cherry v. Commonwealth 08/08/2006
Although evidence sufficient to support convictions of possession of cocaine with intent to distribute and possession of a firearm while in possession of cocaine, trial court erred in denying appellant's request for a jury trial without an express, voluntary, or intelligent waiver
0228061 Commonwealth v. Sean Green 08/01/2006
Appeal dismissed as the Commonwealth’s appeal of the dismissal order is not authorized by Code Section 19.2-398(A)(1)(ii)
0413051 Rayshod Martin v. Commonwealth 08/01/2006
For the reasons set forth in Washington v. Commonwealth, trial court did not err in permitting the victim to testify during the Commonwealth’s case-in-chief of the sentencing phase of appellant’s trial; judgment of the trial court affirmed
3134054 Interstate Truck Service, Inc. and American Home Assurance Co. v. Joseph A. Ricketts 08/01/2006
Commission did not err in reviewing the decision of the deputy commissioner denying compensation on the alternative claim and in concluding that claimant sustained a new injury by accident arising out of and in the course of his employment
3170054 Joseph A. Ricketts v. Highway Motors, Inc. and VADA Group Self-Insurance Association 08/01/2006
No error in commission’s denial of compensation on appellant’s claim against appellees
0005064 Lisa Tarrance v. Catholic Charities of the Diocese of Arlington, Inc. 07/25/2006
Summary affirmance - as appellant fails to contest the termination of her parental rights pursuant to Code Section 16.1-283(E)(i), this Court summarily affirms the trial court’s decision terminating appellant’s parental rights pursuant to Code Sections 16.1-283(C)(2) and 16.1-283(E)(i)
0607062 E. Wayne Powell v. Virginia Workers’ Compensation Commission 07/25/2006
Summary affirmance - commission’s decision awarding appellant $500 in attorney’s fees is affirmed
0653063 John C. Phillips v. Red Onion State Prison/Commonwealth 07/25/2006
Summary affirmance – commission did not err in finding that appellant failed to prove he suffered a compensable injury by accident on the ground that he failed to prove the occurrence of an obvious sudden shock or fright arising out of the course of his employment
1818051 Eric Ryan, s/k/a Eric Bernard Ryan v. Commonwealth 07/25/2006
Trial court did not err in finding the evidence sufficient to support appellant’s conviction of killing a companion animal; trial court did not err in convicting appellant of violating Code Section 3.1-796.122(H), a felony, rather than Code Section 3.1-796.122(A), a misdemeanor
2142052 Gregory D. Pearson v. Della G. Pearson 07/25/2006
Trial court did not err in including equity line advances appellant obtained during the marriage in the marital estate and in denying appellant’s motion to value the martial business as of the date of separation
2473053 Francis D. Jarvis v. Nicole L. Jarvis 07/25/2006
This Court finds that the trial court properly considered all the relevant factors of Code Section 20-124.3, properly articulated its findings as required by statute, and properly assessed the costs of the guardian ad litem to father
2645054 Louis James Clemente v. Ellen Louise Clemente 07/25/2006
Trial court erred in finding the parties’ July 31, 2003 marital agreement obligated appellant to pay appellee the sum of $100,000; trial court’s order is reversed
0222061 Barry Ogburn Fletcher v. Hugh M. Morris Construction, Inc., et al. 07/18/2006
Summary affirmance – no error in commission’s finding that appellant was an independent contractor and not an employee of Hugh M. Morris Construction, Inc.
0330051 Daniel Dewayne Wrede v. Commonwealth 07/18/2006
Appellant has not preserved for appeal the issue of whether the trial judge erred in admitting into evidence a recorded telephone message; this Court holds that the trial judge’s error in instructing the jury that it could consider character evidence about appellant in determining his guilt or innocence was harmless
0399052 Wendell Ford v. Commonwealth 07/18/2006
Trial court did not err in denying appellant’s motion to suppress as the officer did not exceed the scope of the original, valid pat down by ordering appellant to remove his foot from his shoe
0481063 Stephen Ostrander t/a Hard Time Logging v. Freddie Fuller, Jr. 07/18/2006
Summary affirmance – no error in commission’s finding that appellee proved he sustained an injury by accident arising out of and in the course of his employment and that employer had two or more employees regularly in service, and thus was an employer subject to the Workers’ Compensation Act
0482064 News America Marketing, Inc. and Gallagher Bassett Services v. Cheryl A. Deans 07/18/2006
Summary affirmance – commission did not err in awarding temporary total disability benefits to appellee
0766052 Gaylen Maurice Braxton v. Commonwealth 07/18/2006
Trial court did not err in ruling that appellant’s statements to his wife were admissible and were not subject to the confidential spousal communication privilege; judgment of trial court affirmed
1028051 William Lloyd Turner v. Commonwealth 07/18/2006
Trial court did not err by denying appellant’s motion to suppress as the officers had probable cause to arrest appellant for possession of cocaine
2552053 Daniel Peter Molloy v. Abbeyshroul, Inc. and Harleysville Mutual Insurance Company 07/18/2006
Commission did not err in finding that an independent intervening cause attributable to appellant’s own intentional conduct caused the amputation of his right arm; commission’s decision denying appellant’s claim for benefits and medical expenses related to his injury by accident is affirmed
2558053 Charles Robert Otey v. Roanoke City Department of Social Services 07/18/2006
Trial court did not err in finding that the department of social services proved by clear and convincing evidence that appellant’s parental rights should be terminated pursuant to Code Section 16.1-283(C); Rule 5A:18 precludes appellate review of appellant’s argument that the trial court erred by denying his pretrial motion to disqualify the guardian ad litem and to appoint a replacement
2606053 Harleysville Mutual Insurance Company v. Daniel Peter Molloy 07/18/2006
For reasons set forth in the case of Molloy v. Abbeyshroul, Inc., it is not necessary for the Court to address the issues raised in this cross-appeal
2653051 Winston J. Reid, III v. Tara G. Reid 07/18/2006
No error in trial court’s decisions regarding child custody and gross income; that part of the judgment pertaining to child support is reversed and remanded to the trial court to clarify its visitation order and determine whether the shared custody guidelines are applicable; judgment affirmed in part, reversed and remanded in part
2666053 Bobbi Jeen Calloway v. Lynchburg Division of Social Services 07/18/2006
Summary affirmance – trial court did not err in finding the evidence sufficient to support the termination of appellant’s parental rights to her sons pursuant to Code Section 16.1-283(B)
0023061 Michael A. Williams v. Chesapeake Department of Human Services 07/11/2006
Trial court did not err in terminating appellant’s residual parental rights to his two minor children pursuant to Code Section 16.1-283(C)(1) and (2)
0089064 Carlos Andres Arias v. United Masonry of Virginia, Inc. and Twin City Fire Insurance Company 07/11/2006
Rehearing En Banc granted
0224062 Cynthia Weaver v. Richard E. Lloyd 07/11/2006
Summary affirmance – trial court did not err in changing custody of the parties’ children to father
0359061 Marie Hughes v. Wayne Lamar Hughes 07/11/2006
Summary affirmance – trial judge did not abuse his discretion in failing to identify the statutory factors while awarding husband the thrift savings plan; this Court cannot consider appellant’s argument that the trial judge abused his discretion by fixing the amount and duration of her spousal support as appellant failed to preserve this issue for appeal
0647052 Jerome Antonio Talley v. Commonwealth 07/11/2006
Appellant is barred from raising issue on appeal; appellant’s convictions affirmed
1396054 Jose A. Acuna v. Commonwealth 07/11/2006
Trial court did not err by admitting appellant’s statement of refusal to take a breath test, by admitting records of two prior driving under the influence convictions, and by admitting the Division of Motor Vehicles record of his adjudication as an habitual offender; appellant’s convictions affirmed
2656054 Smart Document Solutions, LLC v. Virginia Farm Bureau Fire and Casualty Insurance Company 07/11/2006
This Court holds the commission did not have jurisdiction to issue an opinion in this matter as it did not relate to a workers’ compensation claim; commission’s decision is reversed and this appeal is dismissed
2714054 Virginia Farm Bureau Fire and Casualty Insurance Company v. Smart Document Solutions, LLC 07/11/2006
This Court holds the commission did not have jurisdiction to issue an opinion in this matter as it did not relate to a workers’ compensation claim; commission’s decision is reversed and this appeal is dismissed
2947052 Noel Pinoth v. Glaize Company and Bituminous Fire and Marine Insurance Company 07/11/2006
Commission did not err in finding claimant willfully violated a known safety rule in violation of Code Section 65.2-306 and in not addressing the deputy commissioner’s ruling that claimant’s injury did not occur in the course of his employment
3054053 Dean Steel Erection Co., Inc. and Virginia Surety Company v. Jerry L. Arbaugh 07/11/2006
Commission did not err in finding that claimant suffered a new injury by accident and in awarding claimant indemnity benefits
0320052 Michael Anthony Smith v. Commonwealth 07/05/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s convictions for grand larceny and breaking and entering with intent to commit larceny
0450061 Michael S. McClure v. Katherleen B. McClure 07/05/2006
Summary affirmance – trial court’s order restoring and modifying spousal support to wife and awarding husband child support is affirmed
0748053 Mildred Renee Oliver v. Commonwealth 07/05/2006
Trial court did not err in finding the evidence sufficient to convict appellant of second-degree murder; judgment of trial court affirmed
0908052 William Joseph Davis v. Commonwealth 07/05/2006
Trial court erred in finding the evidence was sufficient to support appellant’s conviction for animate object sexual penetration; appellant’s conviction is reversed and the indictment is dismissed
0998054 Derron Pleasant Farrar v. Commonwealth 07/05/2006
Appellant’s conviction of petit larceny is reversed and dismissed as it was included in appellant’s conviction of third offense larceny; appellant’s conviction of third offense larceny is affirmed
2655054 Sandra H. O’Hara v. Tim Price O’Hara 07/05/2006
Trial court did not err in finding that wife cohabitated with another person in a relationship analogous to marriage for a period of more than one year; the decree terminating husband’s spousal support obligation is affirmed
3135054 King George Custom Homes, Inc. and Erie Insurance Exchange v. Jose Hernandez, et al. 07/05/2006
Commission did not err in finding that appellant was the statutory employer of appellee under Code Section 65.2-302(B)
0063061 Derrick Horton v. City of Hampton Department of Social Services 06/27/2006
Summary affirmance - as appellant fails to contest the termination of his parental rights pursuant to Code Section 16.1-283(C)(1), this Court summarily affirms the trial court’s decision terminating appellant’s parental rights pursuant to Code Sections 16.1-283(C)(1) and (2)
0497063 Wal Mart Stores, Inc., et al. v. Reba K. Branham Blankenship 06/27/2006
Summary affirmance – commission did not err in finding that appellee proved her eye condition constituted a compensable consequence of her injury by accident
0580062 Leroy Reed, Sr. v. Lil Bro’s Trucking, Inc. and Uninsured Employer’s Fund 06/27/2006
Summary affirmance – commission did not err in finding that appellant was an employee of Lil Bro’s Trucking, Inc. at the time of his work-related accident, but that employer was not subject to the jurisdiction of the Workers’ Compensation Act because it did not have three or more employees regularly in service
1042052 Stanley Kelsey Hayden v. Commonwealth 06/27/2006
Trial court did not err in denying appellant’s motion to dismiss the indictments; evidence was sufficient to prove that appellant was the criminal agent who committed the charged crimes; appellant’s convictions affirmed
1445051 Milton James, Jr., s/k/a Milton N. James, Jr. v. Commonwealth 06/27/2006
Trial judge did not abuse her discretion in revoking appellant’s three suspended sentences and ordering him to serve the sentences consecutively; trial judge’s order affirmed
2945051 Frank St. Peter v. Isle of Wight County Department of Social Services 06/27/2006
Trial court did not err in ordering the termination of appellant’s parental rights to his daughter pursuant to Code Section 16.1-283(B)
2953051 Janet St. Peter v. Isle of Wight County Department of Social Services 06/27/2006
Trial court did not err in ordering the termination of appellant’s parental rights to her daughter pursuant to Code Section 16.1-283(B)
0416054 Kevin Leeroy Perry v. Commonwealth 06/20/2006
Trial court did not err by imposing a jail sentence for the misdemeanor, by imposing an additional six-month sentence conditioned on post-release supervision for the felony, and by overruling appellant’s objection to the Commonwealth’s attorney’s closing argument; appellant’s convictions affirmed
2124051 John F. Courtney v. Cynthia H. Courtney 06/20/2006
Judgment of trial court affirmed except insofar as it pertains to the trial court’s refusal to award attorney’s fees to wife; that part of the judgment is reversed and this matter is remanded to the trial court for a determination of attorney’s fees and costs to wife for enforcement of the stipulation agreement in the trial court
2165051 Cynthia H. Courtney v. John F. Courtney 06/20/2006
Judgment of trial court affirmed except insofar as it pertains to the trial court’s refusal to award attorney’s fees to wife; that part of the judgment is reversed and this matter is remanded to the trial court for a determination of attorney’s fees and costs to wife for enforcement of the stipulation agreement in the trial court
2217044 Michael Antwuan Williams v. Commonwealth 06/20/2006
Trial court did not err in denying appellant’s motion to suppress as appellant had no reasonable expectation of privacy in the rental vehicle; appellant’s convictions are affirmed
3018043 Roger Keith Holcomb v. Commonwealth 06/20/2006
No error in trial court’s denial of appellant’s motion to suppress his statement to the police; no error in trial court’s conclusion that the proffered evidence was inadmissible; decision of the trial court affirmed
1809053 Arthur C. Taylor, Jr. v. Arthur C. Taylor, III and Mary Ann Snapp 06/13/2006
Trial court did not err in granting the wife’s motion for summary judgment holding the husband liable for spousal support and in awarding interest on the arrearage; the remaining issues are procedurally defaulted
1984051 Brenda Joseph v. Portsmouth Department of Social Services 06/13/2006
Trial judge erred in ruling appellant was not a person “with a legitimate interest” within the meaning of Code Sections 20-124.1 and 16.1-241(A); judgment is reversed and the case is remanded to the trial court for further proceedings on the merits of appellant’s petition for custody
2261052 Richmond Department of Social Services v. Petersburg Department of Social Services 06/13/2006
Summary affirmance – trial court did not err in finding that it lacked jurisdiction to entertain an appeal by the Richmond Department of Social Services from certain orders entered by the Juvenile and Domestic Relations District Court for the City of Petersburg
2295054 Gary M. Kotara v. Kathleen M. Kotara 06/13/2006
Trial court did not err in granting spousal support to the wife, in refusing to impute income to the wife, and in awarding attorney’s fees and costs to the wife; matter remanded to the trial court for an award to the wife of attorney’s fees and costs on appeal
2650053 Cassie Greenway v. Craig County Department of Social Services 06/13/2006
Trial court did not err in terminating appellant’s parental rights to her minor child pursuant to Code Section 16.1-283
0712052 Demarr Marqui Harvey v. Commonwealth 06/06/2006
Trial court did not err in finding that the evidence was sufficient to support appellant’s conviction of attempted escape from a correctional facility; appellant’s conviction is affirmed
1685051 Kelly Edward Patterson v. Commonwealth 06/06/2006
This Court holds that the evidence was insufficient to prove beyond a reasonable doubt that appellant constructively possessed the cocaine; appellant’s conviction is reversed and the indictment is dismissed
2022054 Elizabeth Wells Shaw v. Landon Frank Shaw 06/06/2006
Trial court did not err in denying appellant’s petition to relocate, in granting joint legal custody, and in setting the visitation schedule
2471054 Thomas Joseph Goudreau v. Katherine Lynn Goudreau 06/06/2006
Summary affirmance - trial court did not abuse its discretion in modifying the terms of visitation
2670053 Lorne A. Milette v. Haymes Brothers, Inc. and Hartford Fire Insurance Company 06/06/2006
No error in commission’s denial of appellant’s claim for benefits seeking to hold appellees responsible for the cost of total knee replacement surgery
2967044 Ismail Takow, s/k/a Ismail Ahmed Takow v. Commonwealth 06/06/2006
Trial court did not err in denying appellant’s motion to set aside the verdict as appellant’s due process rights were not violated; appellant’s convictions of involuntary manslaughter and reckless driving are affirmed
0049062 Interstate Brands Corporation and Ace American Insurance Company v. Kenneth A. Kinchen 05/30/2006
Summary affirmance – commission did not err in finding that claimant proved his medical treatment and disability were causally related to his compensable injury by accident; award is affirmed
0156061 David F. Mason and Virginia Farm Bureau Fire and Casualty Insurance Company v. Lafayette Finney 05/30/2006
Summary affirmance – no error in commission’s finding that employer failed to sustain its burden of proving that claimant’s claim for benefits was barred by willful misconduct; award is affirmed
0312052 Demetrus D. Baldwin, s/k/a Demetrius Baldwin v. Commonwealth 05/30/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of attempted murder; as the sentence imposed upon appellant for his conviction of attempted murder under Code Sections 18.2-26 and 18.2-32 exceeds the statutory maximum for a Class 4 felony, appellant’s sentence is vacated and this case is remanded to the trial court for resentencing
0437053 Curtis Lee McCollum v. Commonwealth 05/30/2006
Trial court did not err in finding the evidence was sufficient to prove appellant exercised dominion and control over the cocaine; appellant’s conviction is affirmed
0653054 Rodrick Marcell Henderson, s/k/a Roderick Henderson v. Commonwealth 05/30/2006
No error in trial court’s denial of appellant’s motion to suppress his letter of apology as the letter was not obtained by the police through a procedure that violated the appellant’s constitutional rights; appellant’s convictions affirmed
0924052 Derryl (NMN) Thompson v. Commonwealth 05/30/2006
Trial court did not err in denying appellant’s motion to dismiss based upon a statutory speedy trial violation; appellant’s conviction of inflicting bodily injury is affirmed
1097051 Vernon Antonio Wilson v. Commonwealth 05/30/2006
Trial court did not err in denying appellant’s motion to suppress as the post-indictment taking of a DNA sample without notifying counsel did not violate appellant’s Sixth Amendment right to counsel; evidence was sufficient to establish breaking and entering; no error in trial court’s finding the Commonwealth did not violate the pre-trial discovery order; appellant’s convictions are affirmed
1210051 Leroy Stevenson, Jr. v. Commonwealth 05/30/2006
This Court finds appellant waived his Miranda objection to the admissibility of his post-arrest statements; evidence was sufficient to support appellant’s conviction of possession of cocaine with intent to distribute
2179053 Sandra Lee Matsinger Roberts v. Gary Keith Roberts 05/30/2006
Trial court’s order denying wife’s request for a reservation of spousal support and affirming the court’s classification and distribution of the disputed items of property is affirmed
3023051 Dollar Tree Distribution, Inc. and American Zurich Insurance Company v. Steven Michael Durr, Sr. 05/30/2006
Summary affirmance – no error in commission’s finding that appellee’s failure to disconnect trailer brake air lines before pulling away in the tractor he was operating did not constitute willful misconduct; award is affirmed
3027042 Howard Z. Garnett, Jr. v. Commonwealth 05/30/2006
Rehearing En Banc granted
3036054 Commonwealth v. Jayant Kadian 05/30/2006
Trial court erred in granting appellee’s motion to suppress statements he made to police; trial court’s ruling is reversed and the case is remanded to the trial court
0089064 Carlos Andres Arias v. United Masonry of Virginia, Inc. and Twin City Fire Insurance Company 05/23/2006
Commission did not err in finding claimant’s claim for benefits related to his left leg injury was time-barred by Code Section 65.2-601 as claimant’s left leg injury was a primary injury and does not constitute a change in condition pursuant to Code Section 65.2-708
0403054 William Richard Hasson, III v. Commonwealth 05/23/2006
Trial court did not err in admitting testimony concerning the content of a court order; trial court did not abuse its discretion in admitting the fingerprint evidence
0722052 John W. Heywood, a/k/a John Michael Heywood v. Commonwealth 05/23/2006
Trial court did not err in finding the evidence sufficient to convict appellant of contractor fraud under Code Section 18.2-200.1
0926054 Steven J. VanWormer v. Pamela A. VanWormer 05/23/2006
Trial judge did not err in his classifications of the Colorado house and the down payment on the marital home; trial judge abused his discretion in the classification of the marital home by including the post-separation mortgage payments in the determination of separate contributions to the home; matter is remanded to the trial court
2289043 Kelly Jean Fuller v. Commonwealth 05/23/2006
Appeal dismissed for failure to comply with the mandatory provisions of Rule 5A:8 as appellant’s filing of the transcript of the pre-trial suppression hearing was untimely
2446054 Celia W. Watt, Sometimes Known as Celia Weeks v. Fairfax County Department of Family Services 05/23/2006
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her minor child pursuant to Code Section 16.1-283(B), (C)(1), and (C)(2)
2468051 Dennis Gillikin v. Michele Burchett 05/23/2006
Judgment of the trial court reversed as the trial court did not comply with the requirements of Code Section 20-124.3 by failing to communicate to the parties the basis of its decision; case is remanded to the trial court for compliance with the statute
2614052 Medinsights and Lumbermens Mutual Casualty Company v. Sandra L. Kisner 05/23/2006
No error in commission’s conclusion that appellee’s claim for permanent partial disability was not barred by the statute of limitations set forth in Code Section 65.2-708(B)
2807051 Jon C. Carlson v. Valerie A. Wells 05/23/2006
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
1157052 Desmond Darryl Higgs v. Commonwealth 05/16/2006
Trial court did not err in denying appellant’s motion to suppress; appellant’s conviction of possession with intent to distribute marijuana is affirmed
1843052 Richard A. Dickover v. Sharon L. Seaton 05/16/2006
Trial court did not abuse its discretion in denying appellant’s motion to modify a spousal support award based upon changed circumstances; no error in trial court’s award of attorney fees to appellee
2165044 Henry Allen Funkhouser, Jr. v. Commonwealth 05/16/2006
Trial judge did not err in refusing to grant an instruction on assault and battery as no independent evidence warranted a conviction of assault and battery; appellant’s conviction for involuntary manslaughter affirmed
2380054 Jana Shepherd Paugh v. Wayne Bruce Paugh 05/16/2006
Summary affirmance – no error in trial court’s determination that wife failed to demonstrate the agreement was unconscionable or in its granting appellee a final decree of divorce as any error in entering the decree without wife having received proper notice was harmless; no error in trial court’s denial of husband’s motion for attorney’s fees; the remaining issues are procedurally defaulted
2439043 Patricia Ann Justus v. Commonwealth 05/16/2006
Trial court did not abuse its discretion in refusing to allow appellant to withdraw her guilty pleas; this Court holds the Commonwealth did not violate any duty to produce exculpatory evidence; appellant’s convictions affirmed
2938042 Gerard Vernon Morton v. Commonwealth 05/16/2006
Trial court did not err in denying appellant’s motions to suppress both evidence seized pursuant to an anticipatory search warrant and statements made to police before receiving his Miranda rights; appellant’s convictions affirmed
0031062 Rickey Alvin Tucker v. Blue & Gray Transportation Company, LLC and Norguard Insurance Company 05/09/2006
Summary affirmance – commission did not err in finding appellant failed to meet his burden of proving that he was an employee of Blue & Gray Transportation Company, LLC at the time of his accident
0259053 Travis Lavar Totten v. Commonwealth 05/09/2006
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction for attempted robbery; this Court holds that the failure of the indictment to charge the related firearms crime as a second offense was not fatal to appellant’s conviction for that crime; appellant’s convictions of attempted robbery and use of a firearm in the commission of that offense affirmed
0912052 Victor Michael Branche v. Commonwealth 05/09/2006
Trial court did not abuse its discretion in refusing to grant appellant a DNA expert at state expense; appellant’s convictions are affirmed
1118052 Kenneth Leroy Dameron v. Commonwealth 05/09/2006
Trial court did not err in finding that appellant drove in excess of the restrictions on his license; appellant’s conviction for driving after being adjudicated an habitual offender is affirmed
1620053 Angela Tarantini v. Rockbridge County Department of Social Services 05/09/2006
No error in trial court’s conclusion that appellant was not a suitable custodian for the child and that placement with appellant would not be in the child’s best interest
1666053 Toni Ann Tarantini v. Rockbridge County Department of Social Services 05/09/2006
No error in trial court’s termination of appellant’s parental rights; evidence supports the trial court’s conclusion that the department of social services met its burden of investigating placement with a family member and that placement of the child with grandmother was not appropriate
1732054 Arthur J. Scagnelli v. Nancy Hart 05/09/2006
No error in trial court’s award of post-judgment interest at the judgment rate on the child support arrearage established by the final divorce decree
2009052 Vickie Gayle Guthrie v. Thomas E. Redd 05/09/2006
Appeal dismissed as there is no final appealable order addressing appellant’s “Motion for Arrears” and the record on appeal is insufficient to determine whether the trial court erred by terminating appellee’s spousal support obligation
2442051 Minton & Roberson, Inc., et al. v. Michael Anthony Wynter 05/09/2006
Commission did not err in finding the evidence sufficient that claimant cured his unjustified refusal of selective employment, computing the temporary partial disability benefits, and not remanding the case to the deputy commissioner for further factual finding
2851051 Cynthia M. Williams v. Portsmouth Redevelopment & Housing Authority, et al. 05/09/2006
Summary affirmance – commission did not err in finding that appellant’s claim, seeking temporary total disability benefits, was barred by Code Section 65.2-708, because she suffered no additional disability within two years from the date for which benefits were last paid
0004064 Barber & Ross Company and Liberty Mutual Fire Insurance Company v. Mirsad Kajganic 05/02/2006
Summary affirmance – no error in trial court’s finding that appellee sustained a compensable injury by accident and his claim was not barred by his failure to follow medical restrictions
0155054 Matthew J. Lathram v. Commonwealth 05/02/2006
Trial judge did not abuse his discretion by imposing lifetime probation as a condition of sentence suspension; matter remanded to trial court to correct error in the sentence imposed on appellant’s conviction of possession with intent to distribute marijuana as that sentence exceeds the statutory maximum; appellant’s convictions affirmed
0843051 Christopher Allen Williams v. Commonwealth 05/02/2006
Rehearing En Banc granted
1055053 Jamie Lee Fells v. Commonwealth 05/02/2006
Trial court did not err in finding the evidence sufficient to prove appellant was the criminal agent who possessed a firearm while committing a robbery; appellant’s conviction affirmed
1325052 Anthony Lamont Washington v. Commonwealth 05/02/2006
Trial court did not err in finding the evidence sufficient to support appellant’s conviction of felonious obstruction of justice
1876051 Linda Faye Green v. Hampton Department of Social Services 05/02/2006
Trial court did not err in changing the goal of the foster care service plan for appellant’s child to adoption as the department of social services proved, by a preponderance of the evidence, that adoption would be in the best interest of the child
2153042 Juliette Maria Dixon v. Commonwealth 05/02/2006
No error found as evidence established that the trial court had territorial jurisdiction to try appellant for the charged offenses; appellant’s convictions of second-degree murder and stabbing another in the commission of a felony are affirmed
2342042 Carolyn D. Brandt v. Commonwealth 05/02/2006
No reversible error in trial court’s admission of the results of a fire investigator’s experiment that he conducted after the fire; judgment of trial court affirmed
2546043 Chase Jeffery Irvine, s/k/a Chase Jeffrey Irvine v. Commonwealth 05/02/2006
Trial court did not abuse its discretion in admitting expert testimony on gang activity or in failing to set aside the jury’s sentence; appellant’s convictions affirmed
2865054 Walker Seal Companies, Inc. and the Hartford Insurance Company v. Brian R. Hadfield 05/02/2006
Summary affirmance – commission did not err in finding that claimant’s claim for his C5-6 injury was not barred by Code Section 65.2-601 and claimant’s disability and wage loss were causally related to his compensable injury by accident
0704051 Victor Lamont Ridley v. Commonwealth 04/25/2006
Trial court did not err in finding the evidence sufficient to sustain appellant’s convictions for possession of burglarious tools and misdemeanor damage to property; appellant is procedurally barred by Rule 5A:18 from raising his claim for the first time on appeal that the trial court erred in denying his motion to suppress; appellant’s convictions affirmed
1205052 B & H Construction, Inc. and Erie Insurance Exchange v. Harold J. Baker 04/25/2006
Commission did not err in finding that appellee sustained an injury by accident arising out of and in the course of his employment and gave timely notice of his accident to his employer; commission’s decision awarding medical benefits to appellee affirmed
2156054 Sherwin Williams Company v. Jason M. England 04/25/2006
Commission erred in denying appellant’s applications to suspend the benefits of appellee as appellee obstructed independent medical examinations without justification; award is reversed
2587053 Barbara Brown v. Roanoke City Department of Social Services 04/25/2006
Summary affirmance - as the trial court terminated appellant’s parental rights pursuant to Code Section 16.1-283(C)(2) only, appellant’s claim on appeal based on Code Section 16.1-283(B) will not be addressed
2788043 Curtis Wayne King v. Commonwealth 04/25/2006
Trial court did not err in admitting the challenged testimony over appellant’s state hearsay objection; this Court holds that the ends of justice exception does not apply to appellant’s Confrontation Clause claim; appellant’s convictions affirmed
3082051 Commonwealth v. Michael Shayne Brown 04/20/2006
Trial court erred in suppressing a redacted version of a report prepared by a Sexual Assault Nurse Examiner as the redacted report does not violate appellant’s Sixth Amendment rights; trial court’s decision reversed and matter remanded to trial court
0226051 Carlos Demaron Brown v. Commonwealth 04/18/2006
Trial court did not err in its pretrial ruling as to the admissibility of the 911 tape and in denying appellant’s motion to strike the evidence; trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and in ordering a portion of those sentences be served consecutive to his sentence for the attempted armed robbery
0276051 Rodney Hillard v. Commonwealth 04/18/2006
Trial court’s use of a penalty phase verdict form that precluded the jury from making a finding that appellant’s conviction for use of a firearm was a second or subsequent conviction was harmless error; appellant’s sentence is affirmed
0457054 Keith M. Ellis v. Commonwealth 04/18/2006
No error in trial court’s denial of appellant’s motion to sever the charge of possession of a firearm by a felon from the charges of brandishing a firearm
1137054 Dorothy D. Tobin v. Richard J. Tobin 04/18/2006
Trial court did not err in denying appellant’s procedural motions, in concluding that an issue was mature for decision without an evidentiary hearing, in determining that language in a qualified domestic relations order was not ambiguous, and in interpreting that language
2804051 Larry Dean Staples v. Terri Morgan Staples 04/18/2006
Appellant did not preserve under Rule 5A:18 argument raised on appeal
2811042 Garrett E. Mushaw v. Commonwealth 04/18/2006
Trial court did not err in finding the evidence was sufficient to prove appellant knowingly made a false statement on his application for public assistance; appellant’s conviction is affirmed
0744054 Bernard L. Lewis v. Commonwealth 04/11/2006
Trial court did not err in denying appellant’s motion to strike the evidence and permitting the Commonwealth to reopen its case; appellant’s conviction of possession of cocaine affirmed
1608054 Sharon Kay Fisher v. James Ray Fisher, Jr. 04/11/2006
Trial judge did not err in ruling that the agreement did not contain surplusage, that the agreement was unambiguous, and that an award of attorney’s fees was an appropriate sanction under a rule to show cause
1801054 Dena Lynne Williams v. Michael Lee Williams 04/11/2006
Trial court did not abuse its discretion by granting an extension of time within which appellee could purchase the marital home; trial court had jurisdiction to act and properly exercised its discretion
2219051 Carl Doug Noce v. Lynn Morelle Canada Noce 04/11/2006
Summary affirmance – trial court did not err in refusing to award appellant a divorce on the ground of wife’s adultery, in awarding spousal support to wife, and by failing to give husband credit for his post-separation payments towards the second mortgage on the marital residence
2455054 William R. Armstrong, III v. Patricia J. Hoover, f/k/a Patricia Hoover Armstrong 04/11/2006
Summary affirmance – trial judge did not abuse her discretion in selecting the school for the minor child; trial judge acted within her discretion under Code Section 20-108
2935042 Wesley W. Lewis v. Commonwealth 04/11/2006
Trial court did not err in denying appellant’s motion in limine to prevent the Commonwealth from introducing evidence of a separate robbery attempt for the purpose of establishing appellant’s identity as the perpetrator of the three robberies for which he was charged
2993054 Blueprint Technologies and Twin City Fire Insurance Company v. Susan A. Nelson 04/11/2006
Summary affirmance – commission did not err in finding that appellee cured her unjustified refusal of medical treatment; commission’s award is affirmed
3027042 Howard Z. Garnett, Jr. v. Commonwealth 04/11/2006
Trail court erred in denying appellant’s motion for a new trial based on the Commonwealth’s failure to disclose statements given by the victim to the police as the statements were exculpatory and could have been used to impeach the victim’s credibility at trial; appellant’s convictions reversed and matter remanded for a new trial
1353052 Sprint Corporation and American Casualty Company v. Jennifer Brooks 04/04/2006
Commission did not err in granting appellee permission to return to and resume treatment from her treating physician as res judicata did not bar the commission from considering appellee’s application for ongoing medical treatment and appellee proved her need for continued medical treatment was causally related to her injury by accident
2075053 Tony L. King v. Carroll County Department of Social Services 04/04/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(B), (E)(iii) and (E)(iv) and establishing that the termination of appellant’s residual parental rights was in the best interests of the children
2314051 Newport News Shipbuilding and Dry Dock Company v. Mary Gertrude Holmes 04/04/2006
No error in commission’s decision holding that employer had not paid claimant 500 weeks of wage loss compensation benefits pursuant to an award under the Virginia Workers’ Compensation Act as employer’s payments to claimant under the federal LHWCA were voluntary and could not be taken into account when calculating the total amount of claimant’s compensation benefits under the Virginia Act
2415053 Tony L. King v. Carroll County Department of Social Services 04/04/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(B), (E)(iii) and (E)(iv) and establishing that the termination of appellant’s residual parental rights was in the best interests of the children
2423054 Robert E. Soderstrom v. Eilleen Maloney 04/04/2006
Summary affirmance – trial court did not abuse its discretion by modifying rather than terminating appellee’s award of spousal support
2668051 Commonwealth of Virginia v. Dorothy Vinetta Briggs 04/04/2006
Trial court erred in finding that the officers could not ask questions regarding drug paraphernalia without first giving Miranda warnings and that the officers did not have reasonable suspicion to conduct an investigatory stop; trial court’s decision granting the motion to suppress is reversed and the case is remanded to the trial court
2854054 Magic Pan International, Inc. and Vigilant Insurance Company v. Dorothy Lucille Robertson 04/04/2006
Summary affirmance – commission did not err in finding that appellee proved certain medical expenses associated with her treatment were causally related to her compensable back injury
2979052 C.E. Thurston & Sons, Inc. and First Liberty Insurance Corporation v. Franklin K. Land 04/04/2006
Summary affirmance – no error in commission’s finding that appellee adequately marketed his residual work capacity
0597052 Wilbur Alphonso Clay v. Commonwealth 03/28/2006
Trial court did not err in denying appellant’s motion to suppress a photograph of him taken by a police officer and in admitting evidence of the victim’s identification of him in a pretrial photo lineup
0750051 Vassar L. Cokley, Jr., s/k/a Vassar Leon Cokley, Jr. v. Commonwealth 03/28/2006
Trial court did not err in denying appellant’s motion to strike the evidence and in finding him guilty of possession of cocaine with intent to distribute as the evidence was sufficient to sustain the conviction
0931051 Antonio Wilson v. Commonwealth 03/28/2006
Trial court did not abuse its discretion in imposing restitution in the amount of $15,000 to the insurance company as the Commonwealth provided sufficient evidence of the actual amount of loss sustained by the insurance company
1244051 Trinell Lorenzo Bowen v. Commonwealth 03/28/2006
Appellant’s conviction under Code Section 18.2-308.2 did not violate his constitutional right to due process as appellant failed to prove that his parole officer affirmatively assured him that the conduct that gave rise to his conviction was lawful; trial court did not err in ruling it no longer had jurisdiction to consider appellant’s motion for bond pending appeal
1302051 Lorrie A. Lutes v. Virginia Beach Department of Human Services 03/28/2006
Trial court did not err in terminating appellant’s residual parental rights to her minor son under Code Section 16.1-283(C)(2) as the department of human services presented clear and convincing evidence that the termination of appellant’s parental rights was in the child’s best interests
1459052 Joseph Wayne Suggs v. Suggs Carpet Installation and Hartford Casualty Insurance Company 03/28/2006
Commission did not err in allowing employer to reduce payments of claimant’s future compensation and medical benefits pursuant to Code Section 65.2-313, until employer recoups the gross recovery obtained by claimant as a result of a third-party settlement and in finding that employer is not responsible for the cost of a hot tub installed at claimant’s residence
2395043 James Edward Bayne v. Commonwealth 03/28/2006
No error in the trial court’s finding that the evidence was sufficient to prove appellant guilty of improper driving as proscribed by Code Section 46.2-869
2751041 Phillip Leversa Coleman v. Commonwealth 03/28/2006
Trial court did not err in finding the evidence sufficient to prove appellant constructively possessed cocaine; appellant’s conviction of possession of cocaine with intent to distribute is affirmed
2776051 Dominion Virginia Power v. Raymond Warren 03/28/2006
Summary affirmance – commission did not err in finding appellee proved that his back problems were a compensable consequence of his injury by accident to his right knee injury, his disability was causally related to the injury by accident, and his treatment was employer’s responsibility
2866052 Virginia Linen Service and Liberty Mutual Insurance Company v. John W. Wise, Jr. (Deceased), et al. 03/28/2006
Summary affirmance – commission did not err in finding that appellees were not precluded pursuant to Code Section 65.2-306 from recovering benefits under the Workers’ Compensation Act based upon the deceased’s alleged willful misconduct in failing to use a safety harness and the “buddy system”
2879041 Sharrieff Muhammad v. Commonwealth 03/28/2006
Trial court did not err in finding that the evidence was sufficient to sustain appellant’s conviction of possession with the intent to distribute heroin
0394052 Travis Dareyll Ford v. Commonwealth 03/21/2006
Trial court did not err in denying appellant’s Batson challenge to the Commonwealth’s exercise of its peremptory strikes and in denying his motion to strike the abduction charge as the evidence was sufficient to support his conviction
0608051 Justin L. Lunceford v. Commonwealth 03/21/2006
Trial court erred in finding an intent to distribute; appellant’s conviction of possession with intent to distribute cocaine is reversed and case remanded for entry of an order finding the appellant guilty of possession of cocaine and for re-sentencing on the lesser-included offense
0695051 Keith McKinley White v. Commonwealth 03/21/2006
Trial court did not err in denying appellant’s motion to suppress by finding the search was based upon probable cause and in finding the evidence sufficient to convict him of possession of cocaine with the intent to distribute
1468054 Samuel Shipkovitz v. H. James Hansen 03/21/2006
No abuse of discretion in commission’s division of attorneys’ fees
1875052 James Edwin McKinnon v. Michelle Atkinson Wood McKinnon 03/21/2006
Trial court’s decision to accept the commissioner’s factual finding rejecting appellee’s dissipation claim and his recommendation against an award of attorney’s fees to appellee affirmed; trial court’s decision to adopt the commissioner’s recommendation to treat the “Fidelity New Millennium Fund” as marital property subject to an equitable distribution award reversed and matter remanded
2317051 John Hargrove v. City of Hampton Department of Social Services 03/21/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to his daughter and approving an amendment of the foster care plan to authorize her adoption
2318051 John Hargrove v. City of Hampton Department of Social Services 03/21/2006
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights to his daughter and approving an amendment of the foster care plan to authorize her adoption
2417052 CVS Virginia Distribution, Inc. and CVS Corp./GAB Robins North America, Inc. v. Joyce B. Owens 03/21/2006
Summary affirmance – commission did not err in finding that claimant proved that her disability and medical treatment were causally related to her compensable injury by accident and that she was totally disabled
2543052 Clarence Henry Scott, Jr., et al. v. Charlotte County Department of Social Services 03/21/2006
Appellants’ failure to challenge the terminations of their parental rights under Code Section 16.1-283(C) and (E) renders moot their claims regarding the terminations under Code Section 16.1-283(B); trial court’s decisions to terminate appellants’ parental rights are affirmed
2619054 Ian Douglas Brown v. Rosa Ines B. Brown 03/21/2006
Summary affirmance – no error in trial court’s decision to award sole legal custody and primary physical custody with mother; pursuant to Rule 5A:18, father waived his argument that the court failed to consider the factors enumerated in Code Section 20-124.3 or that the court failed to inform the parties of the basis of its decision
0771051 Monica Avis Whitehead v. Commonwealth 03/14/2006
Trial court did not err in convicting appellant of second-degree murder as the evidence was sufficient to conclude that appellant was a principal in the first degree
0775051 Antonio Johnson, s/k/a Antonio Howard Leon Johnson v. Commonwealth 03/14/2006
Trial court erred in finding that the juvenile record presented to it complied with the requirements of Code Section 19.2-307 as the record was insufficient to prove beyond a reasonable doubt that appellant previously had been convicted of a delinquent act that would have been a felony if convicted by an adult; judgment is reversed and the charge is dismissed
0843051 Christopher Allen Williams v. Commonwealth 03/14/2006
Trial court did not err in denying appellant’s motion to suppress the firearm seized by police as the officers did not violate the Fourth Amendment by conducting a protective sweep of the apartment; the evidence is sufficient to sustain appellant’s conviction of possession of a firearm by a felon
1199051 Mansur Rahnema v. Shahla Rahnema 03/14/2006
Error in part in the trial court’s equitable distribution award; judgment is affirmed in part, reversed in part, and remanded to the trial court
1265052 Ruby Morris Fowler v. Clyde M. Fowler 03/14/2006
Trial judge erred in finding the evidence insufficient to determine the marital share of appellee’s monthly pension benefits; that part of the judgment distributing the marital property is reversed and the case is remanded to the trial court for reconsideration
2579041 Lauriston Eugene McPherson v. Commonwealth 03/14/2006
No reversible error in trial court’s refusal to instruct the jury on accommodation in the conspiracy charge as any error regarding the proposed accommodation instruction was harmless; appellant’s convictions affirmed
2674052 Alphonzo Taylor, Sr. v. Pocahontas Correctional Unit #13/Commonwealth 03/14/2006
Summary affirmance – commission did not err in terminating appellant’s award of compensation benefits
2874042 Donald L. Thornburgh, II v. Commonwealth 03/14/2006
Trial court did not err in finding the evidence was sufficient to convict appellant of unlawful wounding and in rejecting appellant’s claim of self-defense; appellant’s conviction affirmed
0041051 Larry Martin Hayes v. Commonwealth 03/07/2006
Trial court did not err in denying appellant’s motion to suppress as appellant’s encounter with police was consensual; appellant’s convictions for possession of a firearm by a convicted felon and possession with intent to distribute affirmed
0175052 Jerome Artis, Jr. v. Commonwealth 03/07/2006
Trial court did not abuse its discretion in revoking a portion of appellant’s suspended sentence as evidence was sufficient to permit a finding that appellant failed to satisfy the good behavior condition of his suspended sentence, and to show appellant had adequate notice that his actions could result in revocation
0426052 Judith Marie Scott v. Commonwealth 03/07/2006
Trial court did not err in finding the evidence sufficient to prove appellant constructively possessed the cocaine; appellant’s conviction for possession of cocaine affirmed
0783051 Tyrone Philmore Harsley v. Commonwealth 03/07/2006
Trial court did not err in finding the evidence was sufficient to convict appellant of possession of cocaine with the intent to distribute
0964052 William Micus v. Dorothy Mitchell 03/07/2006
Trial court did not err in awarding custody of appellant’s minor child to her paternal grandmother, in finding that grandmother was a "person with a legitimate interest," and in denying grandmother’s motion for child support; trial court erred in failing to award grandmother attorney’s fees; matter remanded to trial court to determine issue of attorney’s fees
1178044 Javiel Mejia-Martinez v. Commonwealth 03/07/2006
Trial court’s admission of selected hearsay statements the victim made to a police officer was harmless and did not implicate or violate the Confrontation Clause of the Sixth Amendment; trial court did not err in finding the evidence was sufficient to support appellant’s conviction of rape
1218053 Virginia Birth-Related Neurological Injury Compensation Program v. Allen McGrady, et al. 03/07/2006
Commission did not err in qualifying the infant to receive funds from the Virginia Birth-Related Neurological Injury Compensation Program as evidence was sufficient to prove that the infant has both a permanent motorical disability and a developmental disability, and will need assistance in all activities in daily living, as required by Code Section 38.2-5001
2017042 John Johnson, a/k/a John Junior Johnson v. Commonwealth 03/07/2006
Trial court erred in prohibiting appellant from thoroughly cross-examining the Commonwealth’s cooperating witness, and in admitting hearsay evidence; this Court reverses the judgment of the trial court with respect to the ten convictions embraced by this opinion and the case is remanded
2856042 Calvin Taylor v. Commonwealth 03/07/2006
No error in trial court’s denial of appellant’s motion to suppress as the seizure and search that led to the discovery of marijuana on his person were reasonable; appellant’s conviction for possession of marijuana with intent to distribute affirmed
1873053 Lorisa F. Willis v. Harrisonburg Rockingham Social Services District 02/28/2006
Trial court did not err in terminating appellant’s parental rights to her two children as HRSSD proved by clear and convincing evidence that appellant’s parental rights should be terminated pursuant to Code Section 16.1-283(B) and (C)(2) and that the termination of appellant’s parental rights was in her children’s best interests
1874053 Lorisa F. Willis v. Harrisonburg Rockingham Social Services District 02/28/2006
Trial court did not err in terminating appellant’s parental rights to her two children as HRSSD proved by clear and convincing evidence that appellant’s parental rights should be terminated pursuant to Code Section 16.1-283(B) and (C)(2) and that the termination of appellant’s parental rights was in her children’s best interests
2076051 Derrick Horton v. City of Hampton Department of Social Services 02/28/2006
Summary affirmance – trial court did not err by changing the permanency planning order goal to adoption and refusing to adopt the proposed concurrent goal of placement with relative
2405054 Kathryn J. Skogg v. Atlantic Coast Airlines Holdings, Inc., et al. 02/28/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained a compensable injury by accident
2466052 Sophia L. Banks v. Dillwyn Correctional Center/Commonwealth 02/28/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove she sustained an injury by accident arising out of her employment
2511043 Shawn Orlando Hubbard v. Commonwealth 02/28/2006
Trial court did not abuse its discretion in admitting expert testimony on gang culture into evidence; appellant’s convictions affirmed
2556044 Kimberly M. Mattingly v. Daniel T. McCrystal 02/28/2006
Trial court did not err in entering the final amended custody and visitation decree which was based on the terms of the oral agreement; trial court did not err in entering the decree even though it varied slightly from the terms of the oral agreement recited before the court
2765042 Samantha Leigh Thomas v. Commonwealth 02/28/2006
Trial court did not err by failing to exclude evidence of appellant’s participation in a subsequent, similar burglary on the same night, and in finding the evidence sufficient to prove she was guilty of burglary; appellant’s conviction of statutory burglary affirmed
1231052 Stuart Lee Harris v. Judy Ballance Harris 02/21/2006
Trial court did not err in classifying the condominium as transmuted marital property and in dividing the property between the two parties; trial court erred by refusing to update the valuation of the condominium; this case is remanded to the trial court to redetermine the value of the condominium
1592044 Malcolm Parker v. Commonwealth 02/21/2006
Rehearing En Banc granted
1707053 Randall Lee Patterson v. Valley Proteins, Inc. and Royal Indemnity Company 02/21/2006
Commission did not err in denying appellant’s claim for benefits as the evidence was sufficient to support the commission’s findings that appellant violated Code Section 46.2-830 by using the shoulder of the highway for a non-emergency, that this violation was willful, and that it was the proximate cause of his accident
1747041 James Reid Boggs, Jr. v. Commonwealth 02/21/2006
Trial court did not err in admitting testimony by the police regarding other crimes committed by appellant’s accomplices as appellant waived his objection to the admission of that evidence; appellant’s convictions affirmed
2640051 Naomi Mitchell Tucker v. Randstad Staffing Services, Inc. and Ace American Insurance Company 02/21/2006
Summary affirmance – no error in commission’s finding that appellant failed to prove her alleged low back, pelvis, right hip, left rib, and left leg problems were causally related to her compensable injury by accident, that she was disabled as a result of her compensable work accident, and that she was entitled to a change in treating physicians
2912044 William G. Steakley v. Eileen R. Steakley 02/21/2006
Trial court did not err by classifying the personal injury settlement proceeds received by husband as marital property; the remaining issues are procedurally defaulted
0047054 Tarun Batra v. Julia B. Batra 02/14/2006
Upon rehearing en banc, this Court reverses the trial judge’s denial of the husband’s request for attorney’s fees expended in connection with wife’s challenge to the parties’ property settlement agreement; matter remanded to trial judge to fix the amount of the husband’s reasonable attorney’s fees
0370051 David S. Kantor v. Sheryl J. Kantor 02/14/2006
Trial court did not err in determining husband’s monthly income, in determining that husband failed to show a material change in circumstances sufficient to warrant a reduction in his spousal support obligation and in granting wife attorney’s fees and costs
0742054 Scott Allen McNamara v. Carol Richter McNamara 02/14/2006
Summary affirmance – trial court did not abuse its discretion by awarding spousal support to wife for an undefined duration
0960051 Torrence L. Banks v. Commonwealth 02/14/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s convictions of possession of heroin with the intent to distribute and conspiracy
1150051 Patrick H. Poziombke v. Sharon M. Poziombke 02/14/2006
Trial court did not err in finding that the provisions of a divorce decree dealing with appellant’s military pension are not void ab initio under the Uniformed Services Former Spouses Protection Act
1785051 George Jeffrey Versprille v. Elizabeth Ann Greenwood Versprille 02/14/2006
Trial court did not err in imputing monthly income to appellant for purposes of determining child support, in determining that the pre-school fee paid by appellee for the parties’ daughter was a work-related child-care cost and in awarding attorney’s fees and costs to appellee
2108052 Tamara Sutton Viar v. Chesterfield – Colonial Heights Department of Social Services 02/14/2006
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her two minor children pursuant to Code Section 16.1-283
2545053 Miguel L. Rivera v. Holley S. Yates, Zoning Administrator for Campbell County 02/14/2006
Summary affirmance - appellant did not preserve under Rule 5A:18 argument raised on appeal
0236051 Brandon Murray, s/k/a Brandon J. Murray v. Commonwealth 02/07/2006
Trial court did not err in finding the evidence was sufficient to prove that appellant possessed cocaine with intent to distribute
1165044 Hugo Alberto Sandoval v. Commonwealth 02/07/2006
Trial court did not err in permitting the Commonwealth to proceed on the amended charge of carnal knowledge after the court had previously granted appellant’s motion to strike on the original charge of animate object sexual penetration as the trial court’s granting of appellant’s motion to strike did not fully acquit appellant or dismiss the indictment
1347054 Ok Soon Lee Kim, s/k/a Ok Soon Lee-Kim v. Fairfax County 02/07/2006
Summary affirmance – trial court erred in finding the evidence was sufficient to support appellant’s conviction of administering a massage without a permit as Fairfax County failed to prove that appellant performed a massage for compensation; appellant’s conviction reversed and warrant dismissed
1844051 Christopher E. Willis v. City of Portsmouth Department of Social Services 02/07/2006
Summary affirmance - no error in trial court’s decision to terminate appellant’s residual parental rights to his minor daughter as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(1)
1956042 William James Correia v. Commonwealth 02/07/2006
Trial judge did not err by denying appellant’s motion to suppress the evidence resulting from a search by a police officer as appellant consented to the search, the officer lawfully obtained the evidence
2186053 Heather Nicole Arthur v. Campbell County Department of Social Services 02/07/2006
Summary affirmance – no error in trial court’s decision to terminate appellant’s residual parental rights to her minor son as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(B) and (C)(2) and establishing that the termination of appellant’s residual parental rights was in the best interest of her son
2542042 Anthony Stevenson, s/k/a Anthony J. Stevenson v. Commonwealth 02/07/2006
Trial court did not err in finding the evidence was sufficient to support appellant’s conviction of animate object sexual penetration; this Court cannot address the merits of appellant’s claim that the trial court erred by excluding relevant evidence as the appellant did not proffer the evidence that he claims was erroneously excluded
2722041 Atiya T. Wooden v. Commonwealth 02/07/2006
Trial court did not err in finding the evidence was sufficient to convict appellant of selling heroin and in admitting the heroin into evidence
3010042 Donny Lynn Sprouse, Sr. v. Commonwealth 02/07/2006
Trial court did not err in finding the evidence was sufficient to convict appellant of attempted malicious wounding
0856054 Scott Reynolds McMartin v. Mary Reynolds McMartin 01/31/2006
Trial court did not err in imputing an annual income of $120,000 to appellant for purposes of determining his support obligations and in determining the spousal support award; trial court applied the wrong standard in deciding not to deduct from husband’s gross income the amount he was actually paying in child support for his other children; child support award reversed and matter remanded
0865052 Jason Daniel Kendrick v. Commonwealth 01/31/2006
Trial court did not err in finding that the evidence was sufficient to sustain appellant’s conviction for use of a firearm during the commission of a robbery
2215042 Charles Welford Thomas, Jr. v. Commonwealth 01/31/2006
Trial court did not err in denying the jury instruction on the lesser-included offense of assault and battery as there is no of evidence that appellant did not intend to maim, disfigure, disable, or kill the victim
2300051 The Picture People and Royal Indemnity Company v. Aubrey A. Rachel 01/31/2006
Summary affirmance – no error in commission’s finding that claimant was not guilty of fraud justifying the termination of her outstanding award of temporary partial compensation and the deputy commissioner’s failure to grant employer’s motion to strike claimant’s defenses based upon her failure to properly respond to discovery was not an abuse of discretion and constituted harmless error
0481051 Talmadge Baxter v. Deborah Baxter 01/24/2006
Trial court erred by failing to determine whether appellant waived his right to a trial by jury; appellant’s criminal contempt conviction is reversed; matter remanded to trial court
0621053 Julie K. Overcash v. Jesse L. Overcash 01/24/2006
Trial court did not err in ordering appellant to reimburse appellee for an overpayment from appellee’s federal thrift savings plan as the trial court possessed the statutory authority to enter the order so as to effectuate the original intent of the parties as expressed in the separation agreement
1377054 David C. Neveln v. Elaine M. Neveln 01/24/2006
Trial court did not err in exercising jurisdiction over the issue of the equitable distribution of appellant’s pension; trial court adequately addressed all of the factors set forth in Code Section 20-107.3
1688054 Eric Clark Fravel v. Jennifer Lynn Fravel 01/24/2006
Summary affirmance – trial court did not err in awarding appellee custody of the parties’ minor child
1703052 Phyllis Arrington v. Richmond Department of Social Services 01/24/2006
Summary affirmance – trial court did not err in approving the goal of adoption and terminating appellant’s parental rights to her children pursuant to Code Section 16.1-283(C)(2)
1742054 Michael Wayne Miller v. Page County Department of Social Services 01/24/2006
Summary affirmance - trial court did not abuse its discretion by denying appellant’s motion to discharge his guardian or to require him to withdraw as counsel and in refusing appellant’s motion for a continuance in order to obtain the presence of missing witnesses
1828052 Samuel L. Baker, Jr. and Debra Kaye Baker v. Frederick County Department of Social Services 01/24/2006
Summary affirmance – trial court did not err in ordering the termination of appellants’ parental rights to their son and daughters as the department of social services satisfied its duty under Code Section 16.1-283(A) to investigate and present evidence of the suitability of the children’s relatives as possible custodians
2322054 Giant Food, Inc. and Ahold USA Holdings, Inc. v. Mary Norton Sanderson 01/24/2006
Summary affirmance – commission did not err in ruling that appellee proved she sustained a compensable injury by accident that materially aggravated her pre-existing back injury and awarding her temporary total disability benefits and medical benefits
2398041 Wayne Anthony Hunt v. Commonwealth 01/24/2006
Appellant’s right to a speedy trial was not violated as the continuance granted by the trial court tolled the statutory speedy trial period; appellant’s convictions affirmed
2918041 Eric C. Blackmon, s/k/a Eric D. Blackmon v. Commonwealth 01/24/2006
Summary affirmance - trial court did not err in convicting appellant of felony child neglect as the evidence was sufficient to support his conviction
1011052 Tanicka Nicole Holmes v. Department of Social Services, City of Richmond 01/17/2006
Trial court did not err in holding that the department of social services satisfied its duty to investigate the children’s maternal aunt as a possible custodian; trial court gave consideration to aunt as a placement option in accordance with the mandate of Code Section 16.1-283(A)
1863044 Mohammed Mike Sbitan v. Commonwealth 01/17/2006
No error found as there was sufficient credible evidence from which the jury could reasonably have concluded that appellant knowingly possessed the stolen items, and was guilty of larceny of those items
2019043 Melvin Cornell Dodson v. Commonwealth 01/17/2006
This Court does not address the merits of this appeal as the appellant did not address his argument and authority to Code Section 19.2-128(B), the specific statute cited by the court in support of its ruling under which he was convicted
2054053 Goodyear Tire & Rubber Company and Liberty Insurance Corp. v. Bryant O. Covington 01/17/2006
Summary affirmance – commission did not err in ruling that appellee proved he sustained an injury by accident and that employer is responsible for appellee’s treatment
2132053 Bryant O. Covington v. Goodyear Tire & Rubber Company and Liberty Insurance Corp. 01/17/2006
Summary affirmance – commission did not err in ruling that appellant was under light duty restrictions, and that he did not adequately market his residual work capacity
2424053 Brandy Wimmer v. Roanoke City Department of Social Services 01/17/2006
Summary affirmance –as the trial court’s termination of appellant’s parental rights under Code Section 16.1-283(E) was amply supported by the record, this Court does not address appellant’s argument that the trial court erred in terminating her rights under Code Section 16.1-283(C)(2); termination of appellant’s parental rights affirmed
0677051 Angela Denise Slade v. City of Hampton Department of Social Services 01/10/2006
Circuit court did not err in terminating appellant’s residual parental rights to her son pursuant to Code Section 16.1-283(E)(i) and approving an amendment of the foster care plan to authorize his adoption
1407054 Virginia Birth-Related Neurological Injury Compensation Program v. Monica C. Long, etc. 01/10/2006
Commission did not err in its award of benefits and expenses as the evidence was sufficient to invoke the presumption that the child’s injury occurred during labor and delivery
1592044 Malcolm Parker v. Commonwealth 01/10/2006
Trial judge erred by denying appellant’s motion to strike the evidence as the evidence failed to prove money was exchanged in reliance on a false statement of present or past fact; as the evidence failed to establish the elements of the offense, appellant’s conviction of obtaining money by false pretenses is reversed
1913052 Leon S. McCree v. English Construction Company, Inc. and First Liberty Insurance Corp. 01/10/2006
Summary affirmance - commission did not err in finding that appellant failed to prove that he injured his neck and shoulder in his compensable injury by accident, and denied his claim for disability benefits on the ground that he refused an offer of selective employment
2031051 John D. McPhatter v. Norfolk (City of) Sheriff’s Office 01/10/2006
Summary affirmance – commission did not err in finding that appellee rebutted the presumption contained in Code Section 65.2-402, because it proved that occupational stress did not cause claimant’s heart condition and that there was a non-work-related cause of the heart attack, and that claimant failed to prove that his heart attack, if compensable, aggravated his psychological problems
0304051 Dennis E. Lyons v. Newport News Shipbuilding and Dry Dock Company 12/28/2005
Commission did not err in holding that employer was entitled to a credit for payments made under a de facto award under the State Act but erred in allocating that credit to the subsequent rather than concurrent period of disability
0400053 Kimberly L. Evans v. Stuart N. Evans 12/28/2005
Trial court did not err in awarding primary physical custody of parties’ daughter to appellee after considering and weighing the evidence
0687054 Loudoun Hospital Center v. Robert B. Stroube, M.D., M.P.H., et al. 12/28/2005
Court is without jurisdiction to entertain this appeal as the order appealed from is an interlocutory order which does not adjudicate the principles of the cause; this appeal is dismissed without prejudice
1188053 Marshalls, Inc. et al. v. Alice M. Deane 12/28/2005
Commission did not err in finding that claimant suffered an injury by accident and that injury caused her left hand tendonitis
2682041 Walter Lee Dupree, Jr. v. Commonwealth 12/28/2005
No reversible error in trial court’s refusal to allow appellant to impeach his own witness with a prior inconsistent statement regarding shooter’s clothing where three eyewitnesses based their identification of appellant on face recognition not clothing
0359051 Kenneth W. Foley v. Donna L. Foley 12/20/2005
Trial court erred in its interpretation of the provisions of a property settlement agreement dealing with pension and retirement plans and entered a qualified domestic relations order inconsistent with the substantive provisions of the final decree of divorce incorporating the property settlement agreement; matter remanded
0855051 Berard Harrison v. Cecelia Hardee, f/k/a Cecelia Harrison 12/20/2005
Trial court did not err in construing the term “comparable” in the property settlement agreement, finding wife did not waive provisions of the property settlement agreement, and ordering payment of more costly premiums than those existing at the time of execution of the property settlement agreement
1094053 Jeffrey S. Compton v. Virginia Department of Corrections 12/20/2005
This appeal is rendered moot as the circuit court’s order of re-instatement has been reversed for the reasons set forth in Virginia Department of Corrections v. Jeffrey Compton
1360053 Inner Finish Systems, Inc. and Firemens Insurance Company of Washington, DC v. Jonathan J. Queen 12/20/2005
Commission did not err in determining that appellee suffered an injury by accident arising out of and in the course of his employment as credible evidence supports the commission’s determination that appellee suffered a sudden mechanical or structural change during the course of an automobile accident
1787043 Teddy O. Lawless, s/k/a Teddy Odell Lawless v. Commonwealth 12/20/2005
Trial court did not err in finding the evidence sufficient to prove appellant continued to deposit additional waste tires on the property and had over five hundred tires on his property without having a permit
1837054 Mark Richard Robinson v. Carmen Cecilia Robinson 12/20/2005
Summary affirmance – trial court did not err by denying appellant’s motions concerning the commissioner and by ordering that the proceeds of the sale of the marital home were divided equally between the parties, with deductions taken from appellant’s amount for monies he owed appellee
2078052 Darlene Johnson v. County of Chesterfield Department of Social Services 12/20/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to her minor sons pursuant to Code Section 16.1-283(C)(2) as the department of social services presented clear and convincing evidence satisfying the statutory requirements
2098052 Darlene Johnson v. County of Chesterfield Department of Social Services 12/20/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to her minor sons pursuant to Code Section 16.1-283(C)(2) as the department of social services presented clear and convincing evidence satisfying the statutory requirements
2114052 Abraham Aleman-Antunez (Deceased), et al. v. Jeffrey S. Riddle and Montgomery Insurance Company 12/20/2005
Summary affirmance – commission did not err in ruling that Aleman did not qualify as a parent in destitute circumstances under Code Section 65.2-515(A)(4)
2402043 Gary Fredrick Lovell, s/k/a Gary Frederick Lovell v. Commonwealth 12/20/2005
Trial court did not abuse its discretion in failing to strike a juror for cause as the juror ultimately indicated that he could be impartial
2813041 Donald Joseph Conley v. Commonwealth 12/20/2005
Trial court did not err in admitting into evidence two prior DUI conviction orders as the district court conviction orders offered by the Commonwealth were properly authenticated and were admissible under the statute as prima facie evidence of appellant’s two prior DUI convictions
2956043 Stanley Dion Tate v. Commonwealth 12/20/2005
Appellant is procedurally barred from arguing that the evidence was insufficient to support his conviction for voluntary manslaughter as appellant asked that the jury be instructed on that offense; appellant’s conviction for voluntary manslaughter is affirmed
0507053 Bernice Canter v. City of Bristol Department of Social Services 12/13/2005
Summary affirmance - trial court did not err in terminating appellant’s parental rights to two minor children and in finding that such termination was in the best interests of the children
0830052 Junius Nelson, Jr. v. Genoveve Hines Nelson 12/13/2005
Summary affirmance - trial court did not err in sustaining appellee’s objections to appellant's attempt to introduce certain equitable distribution evidence and failing to consider appellee’s 401-k and pension plans in its equitable distribution determination
1121054 Stephen R. Preston v. Roberta Marie Preston 12/13/2005
Summary affirmance - appellant did not preserve under Rule 5A:18 arguments raised on appeal
1393052 Mary P. Waldemar v. Virginia Employment Commission, Pharmaceutical Research Associates, et al. 12/13/2005
Summary affirmance – commission did not err in disqualifying appellee from unemployment benefits for voluntarily quitting without good cause and not allowing appellant’s husband to testify
1430051 Commonwealth v. Brandon Wayne Whitehurst 12/13/2005
Trial court did not err in granting appellee’s motion to suppress evidence as the officers had no legal right to enter appellee’s residence
2016054 American Red Cross v. Sandy J. Wallace 12/13/2005
Summary affirmance – no error in commission’s finding that appellee proved she made a good faith and adequate effort to market her residual work capacity
2019054 Dynalectric Company and Ace American Insurance Company v. Tariq Saahir 12/13/2005
Summary affirmance – no error in commission’s finding appellee proved he sustained a compensable injury by accident
2073053 Fern Harrison t/a H & S Builders v. Frank H. Hartwick 12/13/2005
Summary affirmance – commission did not err in ruling that employer was subject to the commission’s jurisdiction
2226043 Joseph Edison Bridges v. Commonwealth 12/13/2005
This Court cannot consider appellant’s argument that the trial court is without authority to assess the victim’s funeral expenses as restitution as expenses were assessed as court costs
2535041 Vanessia Northover v. City of Hampton Department of Social Services 12/13/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to her son; trial court did not abuse its discretion by determining the changes in foster care plans were in the best interests of the children
2622041 Saul Ortiz, Sr. v. City of Hampton Department of Social Services 12/13/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to his son; trial court did not abuse its discretion by determining the changes in foster care plans were in the best interests of the children
0509051 Pamela L. Jacobson-Kaplan v. Adam J. Kaplan 12/06/2005
Error in part in the trial court’s equitable distribution award; judgment is affirmed in part, vacated in part and remanded to the trial court
0953054 Karl J. Ottosen v. Carla L. Saunders 12/06/2005
Summary affirmance – trial court did not abuse its discretion in awarding sanctions pursuant to Code Section 8.01-271.1; no error in trial court’s determination of the amount of sanctions awarded
1863053 Roger William Thompson v. International Cold Storage, et al. 12/06/2005
Summary affirmance – commission did not err in finding that appellant failed to prove he suffered from asthma and by clear and convincing evidence that he suffered from a compensable ordinary disease of life
1911052 Ace Temporary Service and Hartford Underwriters Insurance Company v. Edward Agurs, Jr. 12/06/2005
Summary affirmance – commission did not err in finding that appellee proved he sustained a compensable injury by accident arising out of and in the course of his employment
2816044 Jodi Lin Cooper v. Craig D. Ebert 12/06/2005
Trial court did not err in requiring the parties to enter into a formal, written agreement to modify the amount of child support and in imputing income to appellant; trial court abused its discretion in crediting appellee with non-conforming child support payments; matter remanded to trial court
0919051 William M. Dragas v. Linda R. Dragas 11/29/2005
Trial court did not err in finding that appellant failed to comply with numerous terms of a decree that granted him a divorce from appellee and incorporated the parties’ settlement agreement
1321051 David Hanscom v. Advance Auto Parts and Royal Insurance Company of America 11/29/2005
Summary affirmance – commission did not err in finding that appellant failed to prove he remained partially disabled as a result of his compensable injury by accident and he was not entitled to a change in treating physicians
1804044 Shaka Amir Farrakhan v. Commonwealth 11/29/2005
Trial court did not err in finding appellant guilty of possession of a concealed weapon by a convicted felon as the knife carried by appellant was a “weapon of like kind” for the purposes of Code Section 18.2-308(A)
1947041 Sterling Spruill v. Commonwealth 11/29/2005
As appellant has shown no prejudice resulting from what he claims was an abuse of discretion in denying a continuance, appellant’s conviction for possessing a firearm after having been convicted of a felony is affirmed
0395052 O. Riddick Harrell, Jr. v. Christina H. Harrell 11/22/2005
Trial court did not abuse its discretion by reserving the right to spousal support to both the parties
0658051 Anthony Taylor v. Norfolk Division of Social Services 11/22/2005
Where appellant’s residual parental rights were terminated by Code Section 16.1-283(B) and (C)(2), appellant’s failure to challenge the termination of his residual parental rights under Code Section 16.1-283(B) constitutes a waiver of any claim of error
0674051 Gwaltney of Portsmouth and Travelers Property Casualty Company of America v. Anthony J. Scales 11/22/2005
Commission erred in accepting evidence documentation, which was not entered into evidence at the original hearing or during the seven-day post-hearing period while the record remained open, and which did not meet the legal standard for admitting after-discovered evidence; commission’s decision awarding claimant temporary total disability benefits reversed and case remanded
1646054 Lorine and William Brown, d/b/a Lake Anna Elder Care, Inc. v. Sherry Judy 11/22/2005
Summary affirmance – commission did not err in finding that employer failed to prove that claimant’s claim was barred by her willful misconduct, claimant proved she gave notice of her industrial accident to employer, and claimant proved she sustained an injury by accident arising out of and in the course of her employment
1789051 Dominion Virginia Power v. Clyde M. Farr 11/22/2005
Summary affirmance – commission did not err in ruling that appellee proved that his injury by accident caused his right carpal tunnel syndrome
2421041 Thomas Lee Johnson v. Commonwealth 11/22/2005
Trial court did not abuse its discretion in concluding the juror did not improperly place on appellant a burden of producing evidence, had not prematurely made up her mind about appellant’s guilt, and remained suitably impartial
0070051 Russell Scott Smith v. Commonwealth 11/15/2005
No error in trial court’s denial of appellant’s motion to suppress as the search, which occurred during the course of a lawful traffic stop, was supported by reasonable suspicion to believe appellant had a weapon in the vehicle
0992053 Timothy Martin Barrett v. Valerie Jill Rhudy Barrett 11/15/2005
Trial court did not err in refusing to make a denial of spousal support retroactive; trial court erred in not following the statutory guidelines for the determination of child support; the issue of child support is reversed and that matter is remanded to the trial court
1259051 Carl Gilliam v. Kramer Tire Company and Virginia Commerce Self-Insurance Association 11/15/2005
Summary affirmance – commission did not err in finding that appellees were not responsible for the cost of unauthorized medical treatment provided to claimant and that claimant was not entitled to a change in treating physicians
1788051 Ramada Plaza Resort and Zurich U.S. v. Jackie A. Muise 11/15/2005
Summary affirmance – commission did not err in finding that appellee proved she injured her left hand and thumb as a result of an injury by accident arising out of and in the course of her employment
2077041 Aldeshawn Gadsden v. Commonwealth 11/15/2005
Trial court erred in finding evidence sufficient to prove appellant constructively possessed the weapon found beneath the floor mat of the seat of the vehicle in which he was riding; appellant’s conviction is reversed and the indictment is dismissed
2105041 Michael Ray Boone v. Commonwealth 11/15/2005
Trial court did not err in denying appellant’s motion for mistrial based on his contention that the Commonwealth failed to make discovery and disclose exculpatory evidence and that the curative instruction provided to the jury was insufficient
2222041 Karen Lynn Dasey v. Commonwealth 11/15/2005
Trial court did not err in finding evidence sufficient to convict appellant of prescription fraud; this Court cannot consider appellant’s argument that the trial court improperly intimidated her witnesses as appellant has not properly preserved her argument for appeal
2248041 Natoria Shena McClain v. Commonwealth 11/15/2005
Trial court did not err in denying appellant’s motion to suppress statements given to police; evidence was sufficient to convict appellant of possession with intent to distribute cocaine
0034052 Jana Heischman Crutchfield v. William G. Crutchfield, Jr. 11/08/2005
This Court cannot consider appellant’s argument that the trial court erred in not setting aside the final decree of divorce as the trial court lacked authority to enter the January 19, 2005 order, rendering it a nullity; all other arguments raised on appeal are barred by Rule 5A:18
0239053 John Victor Dritselis v. Mary Tsakires Dritselis 11/08/2005
Trial court erred in denying appellant’s motion to amend his bill of complaint to include a request for spousal support or a reservation of future support; that part of judgment reversed and matter is remanded to the trial court; trial court did not err in finding the parties’ settlement agreement was valid and distributing the parties’ property pursuant to that agreement
1311054 Judy Pamella Lwasa, a/k/a Judy Pamella Joseph v. Steven Lwasa 11/08/2005
Summary affirmance – trial court did not err in finding appellant’s marriage to appellee was void ab initio and in awarding appellee attorney’s fees
1677053 Evelee Wheeler (Mother) and Arthur Ronald Waldrop (Deceased) v. Virginia Panel Corporation, et al. 11/08/2005
Summary affirmance – commission did not err in denying benefits on the basis that the evidence failed to establish a causal connection between the decedent’s work-related injury and his death several years later
2790043 John Victor Dritselis v. Mary Tsakires Dritselis 11/08/2005
Trial court erred in denying appellant’s motion to amend his bill of complaint to include a request for spousal support or a reservation of future support; that part of judgment reversed and matter is remanded to the trial court; trial court did not err in finding the parties’ settlement agreement was valid and distributing the parties’ property pursuant to that agreement
2846044 Elizabeth A. Haring, f/k/a Elizabeth A. Hackmer v. Michael J. Hackmer 11/08/2005
Trial court did not err in awarding sole legal and physical custody of the parties’ child to the father
0050054 Norfolk Admirals and Federal Insurance Company v. Ty A. Jones 11/01/2005
Commission did not err in finding that claimant sustained a compensable injury by accident arising out of and in the course of employment, that his disability was not cumulative, and that he had no duty to market his residual capacity
0134051 Leroy Clyburn, Jr. v. Commonwealth 11/01/2005
As the trial transcript does not refute the veracity of the final orders and final orders indicate appellant was arraigned on charges of carjacking and abduction, those convictions are affirmed
0168052 Betty Barnard v. Russell H. Barnard 11/01/2005
Divorce order entered on December 30, 2004 affirmed except insofar as it pertains to the imposition of a five-year limitation on the award of spousal support and restricts modification of that order; finding that any adjudication of the real property rights and medical entitlements arising from the prenuptial agreement is premature, those rulings are vacated
0593052 Betty Barnard v. Russell H. Barnard 11/01/2005
Trial court did not err in entering order beyond twenty-one day limit to clarify final divorce order
0747054 Karen Diane Doades v. Charles Timothy Doades 11/01/2005
Trial court did not err in its valuation of the martial residence, equitable distribution award, denial of spousal support to appellant, consideration of her separate funds in its supports decisions, division of appellee’s business debt, and denial of appellant’s attorney’s fees request
0966054 Antonio L. Davis, Sr. v. J.D. Littlejohn, Inc. and Uninsured Employer’s Fund 11/01/2005
Commission did not err in finding that appellant failed to cooperate with vocational rehabilitation efforts and to prove he sustained a compensable change in condition
0969054 Virginia Birth-Related Neurological Injury Compensation Program v. Mai Nguyen and Joseph Pham, etc. 11/01/2005
Commission did not err in its award of attorneys’ fees and expenses pursuant to Code Section 38.2-5009
1022051 Deborah Jean Holt v. Greenbrier Realty Company, Inc. and The Uninsured Employer’s Fund 11/01/2005
Summary affirmance – commission did not err in finding that appellant’s claim for knee and peroneal nerve injuries was time-barred, that she failed to present a current opinion of disability, to prove that her right ankle problem and exacerbation of her RSD was causally related to her compensable injuries, and to prove she was totally disabled as a result of her compensable injuries
1166052 Joseph Hayes v. Petersburg Department of Social Services 11/01/2005
Summary affirmance – trial court did not err in terminating the parental rights of appellant to his son as admissible evidence proved that the termination of appellant’s parental rights was in his son’s best interests
1307054 Genesys Conferencing, Inc. and Pacific Indemnity Co. v. William M. Harper 11/01/2005
Summary affirmance – no error in commission’s finding that claimant proved he adequately marketed his residual work capacity and continued to be disabled as a result of his compensable injury by accident
1406044 Charles Jermaine Walker v. Commonwealth 11/01/2005
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of assault and battery
2064044 Carlos Gonzalez-Tenas v. Commonwealth 11/01/2005
Trial court did not err in finding evidence sufficient to support appellant’s abduction convictions and the related firearm convictions
2349041 Richard Lee Cook v. Commonwealth 11/01/2005
Appellant did not preserve under Rule 5A:18 issues raised on appeal
2861042 Derrick Motameni v. Commonwealth 11/01/2005
Trial court erred in finding evidence sufficient to prove penetration and sufficient to corroborate appellant’s statements to the police; appellant’s conviction is reversed
0011051 Gerald Ricky Doughty v. The Car Store and Peninsula Insurance Company 10/25/2005
Commission did not err in determining that no medical evidence supported a finding that claimant was disabled beyond November 24, 2003
0867052 James Claypoole v. Petersburg Department of Social Services 10/25/2005
Summary affirmance - appellant failed to preserve under Rule 5A:18 any issue raised on appeal
0952051 Hugo Zeledon v. GCR, Inc., United Contractors of Virginia Group Self-Insurance Association, et al. 10/25/2005
Commission did not err in finding that claimant willfully violated a known safety rule and that the safety rule was strictly enforced
1081054 Commonwealth v. Howard Lamont Jackson 10/25/2005
Trial court did not err in suppressing the evidence as the encounter between appellee and the police was not consensual and constituted an illegal seizure
1152043 Kedith Claudette Maynor v. Commonwealth 10/25/2005
Trial court did not err in finding the evidence sufficient to convict appellant of embezzlement
1456041 Quincy Jones Walker, s/k/a Quincy James Walker v. Commonwealth 10/25/2005
Trial court did not err in finding the evidence sufficient to sustain appellant's convictions for marital rape and attempted marital sexual assault
1464053 Lee (County of) School Board, et al. v. Carol Jean Coomer 10/25/2005
Summary affirmance – commission did not err in finding that appellee proved she made reasonable efforts to market her residual work capacity
1472044 Gregory Grandison v. Commonwealth 10/25/2005
Appellant failed to preserve under Rule 5A:18 any issue raised on appeal
1493053 Ronald Wayne Aherron v. Times Fiber Communications, Inc. and St. Paul Travelers 10/25/2005
Summary affirmance – no error in commission’s finding that claimant failed to prove he made reasonable efforts to market his residual work capacity
1594052 Jose Jesus Sosa v. Signature Series Construction, Inc. and Cincinnati Indemnity Company 10/25/2005
Summary affirmance – commission did not err in finding that appellant failed to prove he sustained an injury by accident arising out of his employment and in allowing a witness to testify at the hearing when she was not identified in pre-hearing discovery
1704053 Times Fiber Communications, Inc. and St. Paul Travelers v. Ronald Wayne Aherron 10/25/2005
Summary affirmance – commission did not err in finding claimant proved he was entitled to an award of temporary total disability benefits
2382044 Brian Jennings Hale v. Commonwealth 10/25/2005
Trial court did not err in denying appellant’s motion to suppress statements he made to police as appellant did not manifest an unequivocal invocation of his right to remain silent
1521051 Gilbert Maurice Wood v. Atlantic Coast Airlines, Inc. and American Protection Insurance Company 10/18/2005
Summary affirmance – commission did not err in ruling that appellant waived and abandoned his right to a review of the deputy commissioner’s decision by failing to assign any specific errors to the deputy commissioner’s findings of fact or conclusions of law and failing to file a written statement
1545052 Waste Management Inc. and Gallagher Bassett Services, Inc. v. Arthur W. Coles 10/18/2005
Summary affirmance – no error in commission’s finding that claimant proved that his left elbow surgery was causally related to his compensable injury by accident, employer failed to prove claimant was terminated for cause, and claimant proved he remained partially disabled after leaving his job with employer and that he made reasonable efforts to market his residual work capacity thereafter
1634041 Damien James Jarvis v. Commonwealth 10/18/2005
This Court declines to address appellant’s argument that the evidence is insufficient to prove that he possessed tools with larcenous intent as appellant has not properly preserved his argument for appeal
2177041 Mark Antonio Wallace v. Commonwealth 10/18/2005
Trial court did not err in finding that appellant’s statutory right to a speedy trial was not violated as appellant’s trial commenced within the five-month period required by statute; appellant’s convictions affirmed
3152034 Cynthia Lynn Welch v. Commonwealth 10/18/2005
Upon rehearing by panel – prior holdings that trial court did not err in denying appellant’s request for an expert and that evidence was sufficient to prove malice reaffirmed; as panel finds conviction of first-degree murder by starvation does not require proof of premeditation, conviction affirmed
0107054 James R. Plasker v. Teresa A. Dean 10/11/2005
Summary affirmance – trial court did not err in finding that appellant failed to prove retraceability of his separate interest in the equity in the marital home
0112051 Ford Motor Company v. William K. Favinger 10/11/2005
Commission erred in failing to address whether appellee adequately marketed his residual work capacity in order to recoup his lost overtime; case remanded for determination of that question
0273051 Debra L. Newberry v. Peebles Department Store and American & Foreign Insurance Company 10/11/2005
Commission did not err in holding that appellant’s injury did not arise out of and in the course of her employment
0432054 Jay K. Wilk v. Lori Ann Tamkin 10/11/2005
Summary affirmance - trial court did not err in finding that the filing of a motion to show cause against appellee’s counsel warranted the imposition of sanctions and in denying appellee’s request for an award of attorney’s fees and costs incurred in this case
0983051 Roscoe L. Simpson v. Carol P. Simpson 10/11/2005
Summary affirmance – trial court properly refused to address issues other than the attorney’s fees and the contempt allegation under res judicata; appellant waived argument challenging the court’s finding of contempt on appeal as he failed to support his argument with any authority or citations to the record
1204042 William Frank Martin, Jr. v. Commonwealth 10/11/2005
Trial court did not err in denying appellant’s motion to suppress his statement to police and in finding the evidence was sufficient to convict appellant of carnal knowledge of an inmate
1379053 Dickenson (County of) School Board, et al. v. Benny E. Smith 10/11/2005
Summary affirmance - commission did not err in finding that appellee proved he adequately marketed his residual work capacity and awarding him temporary total disability benefits
1390051 Clancy & Theys Construction Company, Inc., et al. v. Marcus E. Adams 10/11/2005
Summary affirmance – commission did not err in finding that appellee proved he sustained an injury by accident arising out of and in the course of his employment
1408054 Claire M. Gesalman v. Virginia Birth-Related Neurological Injury Compensation Program 10/11/2005
Summary affirmance – commission did not err in finding that a recruitment fee paid to an employment agency to find a caregiver for the infant complainant does not qualify as an actual medically necessary and reasonable expense under Code Section 38.2-5009(A)(1)
1458052 Candice Paige Pecka v. Paychex, Inc. and Travelers Indemnity Company of America 10/11/2005
Summary affirmance – commission did not err in terminating appellant’s award of temporary total disability benefits based upon its findings that appellee proved it made a bona fide offer of selective employment to claimant consistent with her residual work capacity, and claimant failed to prove that her refusal of that selective employment was justified
1521042 Stephen Arthur Germani v. Commonwealth 10/11/2005
Trial court did not err in finding the evidence sufficient to prove appellant knowingly and intentionally possessed marijuana in a correctional facility
1522042 Douglas William Doggett, III v. Commonwealth 10/11/2005
This Court cannot make a determination as to whether the trial court erred in rejecting appellant’s duress defense as the record on appeal is insufficient to support appellate review; appellant’s convictions affirmed
1536041 Daryl Antonio Harvey v. Commonwealth 10/11/2005
Trial court did not abuse its discretion by denying appellant’s motion to strike the testimony of a witness; appellant failed to establish actual prejudice as the criminal history of the witness was provided to appellant during trial and its contents were disclosed during cross-examination
1539051 Bayshore Roofing, Inc., et al. v. Richard D. Belcher 10/11/2005
Summary affirmance – commission did not err in ruling that appellee proved he sustained an injury by accident arising out of his employment
1579043 Gregory Leon Young v. Commonwealth 10/11/2005
Trial court did not err in its decision to accept and submit the Commonwealth’s instruction defining “deadly weapon,” in rejecting appellant’s proposed instruction stating that the Commonwealth had the burden of proving that the weapon was deadly, and in finding the evidence was sufficient to support the jury’s finding that the Daisy BB gun was a deadly weapon
2021044 Ross Kinnison Hall v. Marlene Sue Hall 10/11/2005
Trial court erred in sustaining appellee’s objection to appellant’s interrogatories and in striking appellant’s amended answer; judgment is reversed and the case is remanded to the trial court
0072054 Commonwealth of Virginia Department of Social Services, etc. v. Elizabeth A. Quantrille 10/04/2005
Trial court erred in placing upon DSS the burden of proving that the change in circumstance was due to appellee’s voluntary act or dereliction; judgment of trial court reversed and case remanded for reconsideration under the correct standard of proof
0257041 Robert Americo Sellarole v. Commonwealth 10/04/2005
Trial court erred in considering matters not in evidence in assessing a police officer’s credibility as a witness; appellant’s conviction reversed and case remanded to the trial court
0313051 William S. Jones, Jr. v. Patrick W. Finnerty, Director, Dept. of Medical Assistance Services 10/04/2005
Appeal dismissed as the opening brief does not comply with Court rules
1308053 The Goodyear Tire & Rubber Company and Liberty Insurance Corp. v. Michael L. Luck 10/04/2005
Summary affirmance – commission did not err in finding that appellee proved he sustained an injury by accident arising out of and in the course of his employment and that appellee was not required to market his residual work capacity as a condition of receiving temporary total compensation
1320054 Westminster at Lake Ridge and Manufacturers Alliance Insurance Co. v. Romona Bocanegra 10/04/2005
Summary affirmance – commission did not err in finding that appellee proved she sustained a cervical spine injury causally related to her compensable injury by accident
1358053 Arrote T. Willis v. The Goodyear Tire and Rubber Company and Liberty Insurance Corporation 10/04/2005
Summary affirmance – commission did not err in finding that appellant failed to prove he sustained a compensable injury by accident, but rather his condition was caused by non-compensable repetitive and cumulative trauma
1488042 Rosa Robinson Coleman v. Commonwealth 10/04/2005
Trial court did not err in finding evidence sufficient to sustain two firearm convictions
1544042 Shamone Lamont Parham v. Commonwealth 10/04/2005
Trial court erred in denying appellant’s motion to suppress the cocaine as the police had no probable cause to arrest him for trespassing; appellant’s conviction is reversed and the indictment is dismissed
1880042 Treyon Chris Williams v. Commonwealth 10/04/2005
Rule 5A:8 bars our review of the trial court’s decision as the record on appeal is insufficient to determine whether the proper underlying offense was present to allow the trial court to commit appellant to the Department of Juvenile Justice
1907041 Darius Leroy Collins v. Commonwealth 10/04/2005
Trial court did not err in finding the evidence sufficient to convict appellant of armed statutory burglary and use of a firearm in the commission of a felony
1926042 Robert T. Huber v. Commonwealth 10/04/2005
Trial court did not err in finding the evidence sufficient to convict appellant of unauthorized use of a vehicle
2154042 Tanya N. Harris v. Commonwealth 10/04/2005
Trial court did not err in finding the evidence sufficient to convict appellant of embezzlement for the challenged offense
2358043 Frank Edward Osborne v. Commonwealth 10/04/2005
Trial court did not err in allowing the testimony of a witness over appellant’s objection as to relevance, in failing to exclude a witness from the evidentiary hearing, and in refusing to grant a continuance to the appellant
2574044 Valerie Jeanette Sanders, s/k/a Valerie Jeanette Richardson v. Commonwealth 10/04/2005
Appellant’s conviction reversed and case remanded as trial court erred in denying appellant’s proffered instruction on self-defense without fault
2644041 William S. Jones, Jr., et al. v. Maurice A. Jones, Commissioner, Virginia Dept. of Social Services 10/04/2005
Appeal dismissed as the opening brief does not comply with Court rules
2646041 William S. Jones, Jr., et al. v. Maurice A. Jones, Commissioner, Virginia Dept. of Social Services 10/04/2005
Appeal dismissed as the opening brief does not comply with Court rules
1350051 Belinda L. Anderson v. Virginia Beach (City of) School Board and Compmanagement, Inc. 09/27/2005
Summary affirmance – commission did not err in finding that appellant failed to prove total disability after February 11, 2004, as a result of her compensable April 9, 2003 injury by accident
1754043 Michael Dean Turner v. Commonwealth 09/27/2005
Trial court did not err in finding evidence sufficient to convict appellant for attempted distribution of cocaine
2116043 Ellis G. Huffman v. Ileda Huffman 09/27/2005
Appellant did not preserve under Rule 5A:18 issues raised on appeal
0121053 Todd Andrew Gerl v. Roseanne NMN Diso Gerl 09/20/2005
Trial court erred in deviating from the provisions of Code Section 20-108.2 by requiring appellant to pay 80% of all unreimbursed medical expenses of the children rather than his proportionate share of the unreimbursed medical expenses in excess of $250 per child per calendar year; matter remanded to trial court to modify its order or to make additional findings that would allow a deviation
0768054 Gregory Todd Lloyd v. Stephanie Marie Lloyd 09/20/2005
Summary affirmance – trial court did not err in granting the parties a divorce based on their separation in excess of one year as credible evidence supports its decision that wife did not desert the marriage and that husband acquiesced in the parties’ separation
1130042 Lakisha Jermon Thomas v. Commonwealth 09/20/2005
Trial court did not err in finding that appellant voluntarily consented to both the entry and the search of her residence; appellant’s conviction for possessing stolen goods is affirmed
1858042 Kelvin V. Bowles, s/k/a Kelvin Von Bowles v. Commonwealth 09/20/2005
Trial court did not err in convicting appellant of misdemeanor failure to re-register with the Department of State Police for inclusion in the Sex Offender and Crimes Against Minors Registry as appellant concedes evidence supported his conviction for the misdemeanor offense and because nothing in the record establishes that the trial court ruled against appellant on the constitutional issue
0469054 Basim Michel Sawwan v. Angeline Hooi Teen Huang 09/13/2005
Summary affirmance – trial court did not err in terminating appellant’s visitation rights with his daughter, in finding appellant in contempt of court for violating the terms of prior court orders, and in awarding attorney’s fees to appellee
0801053 Kathy Martin Arey v. Randolph William Arey 09/13/2005
Summary affirmance – trial court did not err in finding that appellant was competent to execute the parties’ property settlement agreement
0918052 Lloyd G. Daniel (Deceased), Frances Daniel (Widow), et al. v. CTR Corporation, et al. 09/13/2005
Summary affirmance – commission did not err in denying the claimant’s claim for an award of death benefits and medical expenses and finding that claimants failed to prove the employee’s death was a compensable consequence of his injury by accident
1142054 Roy LeJuene McDaniel v. Tyson Foods, Inc. 09/13/2005
Summary affirmance – commission did not err in finding that appellant’s misrepresentations regarding his medical history during the job application process with appellee precluded him from receiving benefits under the Workers’ Compensation Act for an accidental injury
1161053 Robin M. Cottrell v. DeRoyal Industries, Inc. and Travelers Indemnity Company of America 09/13/2005
Summary affirmance – commission did not err in denying claimant benefits under the Workers’ Compensation Act as claimant failed to prove by clear and convincing evidence that her left carpal tunnel syndrome did not result from causes outside her employment
1172053 Frederick Douglas Wilson v. The Goodyear Tire and Rubber Company and Liberty Insurance Company 09/13/2005
Summary affirmance – commission did not err in reversing the deputy commissioner’s finding as to claimant’s credibility, the occurrence of an injury by accident arising out of and in the course of his employment, and the existence of a causal connection between claimant’s injury and his medical treatment and disability
1233051 International Paper Company v. Keith A. Terry 09/13/2005
Summary affirmance – commission did not err in finding that the appellant failed to prove appellee was fully able to perform the duties of his pre-injury work
1243052 AM Communications, Inc. and Federal Chubb Indemnity Insurance Co. v. William Carroll Childress 09/13/2005
Summary affirmance – commission did not err in ruling that the two-year statute of limitations was tolled and did not bar appellee’s claim for benefits, and that appellee was entitled to a de facto award for temporary total compensation and was not required to prove he marketed his residual work capacity
2038044 Helen M. Kearney v. Richard V. Kearney 09/13/2005
Trial judge did not err in denying appellant’s claims for a survivor benefit under an annuity and for spousal support; trial judge did not err in ruling that monies appellee gave to appellant were gifts, not loans, and in determining the division of equity in the marital residence
2132044 Richard C. Garretson, Jr. v. Elizabeth M. Miller 09/13/2005
Summary affirmance –appellant did not preserve under Rule 5A:18 issue raised on appeal
0482054 Karen A. DeLuca v. Denis Katchmeric 09/06/2005
Summary affirmance – no error in trial judge’s distribution of the proceeds of the sale of the parties’ martial home following their divorce
0569051 Commonwealth v. Russell Hopson 09/06/2005
Trial court erred in holding that the officers failed to articulate circumstances justifying the application of the emergency exception to the warrant requirement; trial court’s suppression order is reversed and the matter is remanded for trial
1209043 Reginald L. Humphries v. Commonwealth 09/06/2005
Trial court did not err in excluding evidence that appellant suffered Acute Stress Disorder as the evidence of the force and violence used to inflict the injuries that killed the victim established malice without relying on an inference arising from appellant’s post-incident conduct
1966044 James Archer Martin v. Commonwealth 09/06/2005
Trial court did not err in finding appellant guilty of aggravated sexual battery of an eight-year-old boy as the victim could not have legally consented and thus constructive force existed as a matter of law
2649042 Aaron Gruss v. Commonwealth 09/06/2005
Summary affirmance - trial judge did not err in finding the evidence sufficient to convict appellant of leaving the accident scene without giving the statutorily required information
0937052 Nabisco and American Protection Insurance Company v. Gloria Turner McDaniel 08/30/2005
Summary affirmance – commission did not err in awarding appellee compensation for her left shoulder injury and finding that the injury constituted a compensable consequence of her right shoulder injury
1003052 Diana Barker v. Virginia Department of Corrections 08/30/2005
Summary affirmance – no error found in circuit court’s affirmation of the hearing officer’s decision that deviations in Department grievance procedure constituted harmless error as appellant was no longer certified to serve in her position
2254043 Susan L. Newsome v. Martin W. Neary 08/30/2005
Trial court did not err in ruling that the parties’ child attend public school instead of private school
2391043 Willis Howard Winfree v. Linda Pugh Winfree 08/30/2005
No error in trial court’s finding that issue of whether assignment of appellant’s monthly veterans’ disability benefits to appellee, while in violation of federal law, was barred by res judicata as order based on parties’ agreement was voidable not void ab initio
2931044 Carlos Leuthner v. Canada Dry Potomac Corporation and Cigna Property & Casualty Insurance Company 08/30/2005
No error in commission’s denial of workers’ compensation benefits for pain and numbness in appellant’s hands as credible evidence supports the commission’s decision on causation
0047054 Tarun Batra v. Julia B. Batra 08/23/2005
Rehearing En Banc granted
0458052 William Scott v. Spotsylvania Department of Social Services 08/23/2005
Summary affirmance – trial court did not err in terminating appellant’s residual parental rights pursuant to Code Section 16.1-283(C)
0778054 Home Depot USA, Inc. and American Home Assurance Company v. Michael John Davidson 08/23/2005
Summary affirmance – no error in commission’s finding that claimant proved he made adequate efforts to market his residual work capacity
0089054 William Riley Holzberlein v. Renee Jawish Holzberlein 08/16/2005
Summary affirmance – trial court did not err in its classification of the marital residence and in denying appellant’s motion for supersedeas bond
0227054 Lisa M. Murray v. Fairfax County School Board 08/16/2005
Summary affirmance – commission did not err in finding that appellant failed to prove she sustained a compensable injury by accident, occupational disease, or ordinary disease of life and in finding that the claim was barred by res judicata
0603052 Cynthia S. Nelson v. Craig E. Nelson 08/16/2005
Summary affirmance – trial court did not err in concluding the property settlement agreement was valid and was not the result of duress
1804034 Christopher Lee Bentley v. Commonwealth 08/16/2005
Trial court did not err in admitting into evidence a personally recorded compact disc containing on its face a handwritten list of musical groups; evidence was sufficient to support appellant’s convictions of two counts of grand larceny
0889052 Honeywell Corporation and Zurich American Insurance Company v. William H. Swiney, Jr. 08/09/2005
Summary affirmance - commission did not err in finding that appellee proved he adequately marketed his residual work capacity beginning August 5, 2003
0383052 Linda Willett v. Janice Truman and Kevin Truman 08/02/2005
Summary affirmance - appellant did not preserve under Rule 5A:18 issue raised on appeal
0733051 City of Norfolk Department of Human Services v. Candice Harris 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0734051 City of Norfolk Department of Human Services v. Candice Harris 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0735051 City of Norfolk Department of Human Services v. Candice Harris 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0736051 City of Norfolk Department of Human Services v. Donnie Lee 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0737051 City of Norfolk Department of Human Services v. Donnie Lee 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0738051 City of Norfolk Department of Human Services v. Donnie Lee 08/02/2005
Summary affirmance – appellant did not preserve under Rule 5A:18 issues raised on appeal
0977043 Brandy Nichole Wimmer v. Commonwealth 08/02/2005
Trial court did not err in denying appellant’s motion to strike as the evidence is sufficient to sustain her conviction for child abuse or neglect; appellant is procedurally barred from raising her argument for the first time on appeal that the challenged testimony was unduly prejudicial
1398041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
1399041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
1400041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
1401041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
1402041 Lashon Diane Brown v. Norfolk Division of Social Services 08/02/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights to each of her five minor children; trial court did not err in refusing to meet in chambers with appellant’s daughter during the termination hearing
2217033 Timothy Glen Workman v. Commonwealth 08/02/2005
Trial judge did not err in refusing the instructions tendered by appellant and in giving an instruction with both an “at” fault and a “without fault” component, in concluding further instruction was appropriate in responding to the jury’s question, and in finding that evidence presented at the evidentiary hearing failed to establish materiality in the constitutional sense
2221044 Alexander Figueroa v. Kimberly S. Nelson, f/k/a Kimberly Figueroa 08/02/2005
No error in trial judge’s rulings on the issues of child custody and visitation, attorney’s fees, and medical expenses
2320044 Uninsured Employer’s Fund v. Cheryl E. Duffner and Montgomery Ward & Company 08/02/2005
Commission did not err in entering an award requiring appellant to pay appellee’s medical benefits and in ruling that Code Section 65.2-1203 should be applied retroactively
0186052 Cathy Williams v. Buckingham Department of Social Services 07/26/2005
Summary affirmance – trial judge did not err in terminating appellant’s parental rights to her two minor children as the evidence was sufficient to prove clearly and convincingly that termination of appellant’s parental rights was in her children’s best interest
0458042 Anna M. Lazarchic v. Raymond F. Lazarchic 07/26/2005
Error in part in the trial court’s equitable distribution award; judgment is affirmed in part, reversed in part, and remanded to the trial court
0484042 Raymond F. Lazarchic v. Anna M. Lazarchic 07/26/2005
Error in part in the trial court’s equitable distribution award; judgment is affirmed in part, reversed in part, and remanded to the trial court
0693053 Elden Dale Webb, Jr. v. Ruan Transport Management Systems, Inc., et al. 07/26/2005
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained an injury by accident arising out of his employment
1466042 Tamara Silvius v. Steve Silvius 07/26/2005
Trial court did not err by restricting the mother’s use of alcohol and tobacco during visitation with her two children as the evidence was sufficient to justify the restrictions; trial court had jurisdiction to hear this case
2090041 Sherri L. Patterson v. Commonwealth 07/26/2005
Appellate review of the claimed errors is barred under Rule 5A:18; appellant’s sentence on the stalking conviction and the trial court’s order requiring appellant to give a “recognizance” for threatening bodily harm are affirmed
2633041 Joseph C. Florio v. Barbara E. Clark, William B. Clark and Joyce Childers 07/26/2005
Trial court abused its discretion by excluding the updated home study and limiting the testimony of the licensed clinical social worker as the excluded evidence pertained to the child’s best interest; case remanded to the trial court for a new custody hearing
0053052 Frances W. Toney v. Sandy’s Plants, Inc. and Florists Mutual Insurance Company 07/19/2005
Summary affirmance – commission did not err in finding appellant failed to prove that her “multiple chemical exposure” constituted a compensable occupational disease or a compensable ordinary disease of life
0281043 Lee Andrew Graham, II v. Commonwealth 07/19/2005
No error in trial court’s denial of appellant’s motion to suppress the evidence seized during a search of his person
0494043 Curtis Norton Fitzgerald v. Edith Christine (Harless) Fitzgerald 07/19/2005
Trial court erred in finding that the increased value of the service station property was marital property; matter remanded for a redetermination of the equitable distribution monetary award; all other issues raised on appeal are affirmed
2375043 Harrisonburg Rockingham Social Services District v. Shannon Shifflett and Elvis Gene Shifflett, Sr. 07/19/2005
This appeal is dismissed and issues raised on appeal are moot as no controversy survives for review
2379043 Warren A. Picciolo, Guardian ad litem v. Shannon Shifflett and Elvis Gene Shifflett, Sr. 07/19/2005
This appeal is dismissed and issues raised on appeal are moot as no controversy survives for review
2520044 Carol A. Dielman v. Robert S. Dielman 07/19/2005
Trial court abused its discretion by declining to enforce the terms of a valid post-separation agreement, as required by Code Section 20-109; trial court erred in ordering the immediate sale of the parties’ marital home
2655032 Gordon M. Witterman v. Commonwealth 07/19/2005
Trial court did not err when it disallowed evidence of prior specific acts of violence by the victim; Rule 5A:18 bars appellant from raising the expert testimony argument as appellant did not preserve this argument for appeal
2774044 Latoya R. Green v. Fairfax County Department of Family Services 07/19/2005
Judgment of the trial court affirmed as no record of the motion to vacate or the basis for the trial court’s denial of it appears in the trial court record
0639053 The Goodyear Tire & Rubber Company and Liberty Insurance Corporation v. Arnold J. Moore, Jr. 07/12/2005
Commission did not err in finding that appellee proved the surgical implantation of his spinal cord stimulator constituted reasonable and necessary medical treatment
2006041 Joseph Goodwin, III v. Commonwealth 07/12/2005
Trial judge erred in convicting appellant of possessing a concealed weapon in violation of Code Section 18.2-308.2 as the knife that appellant possessed was not prohibited by the statute
2282032 Yvonne E. Tate v. United Parcel Service and Liberty Mutual Fire Insurance Company 07/12/2005
Upon rehearing en banc, the stay of this Court’s August 10, 2004 mandate is lifted and the decision of the Workers’ Compensation Commission is affirmed
3064034 Ricardo C. Green, s/k/a Charles Ricardo Green v. Commonwealth 07/12/2005
Trial court did not err in refusing to grant a mistrial as the evidence fails to show the juror could not decide the case impartially; evidence was sufficient to sustain appellant’s burglary conviction
3152034 Cynthia Lynn Welch v. Commonwealth 07/12/2005
No error in trial court’s refusal of appellant’s request for appointment of a second medical expert; evidence was sufficient to prove appellant acted with malice rather than merely with criminal negligence; evidence was insufficient to prove premeditation; conviction for first-degree murder is reversed and case remanded for retrial for an offense no greater than second-degree murder
0686052 Campbell Gibbons & Associates, Inc. and Zurich American Insurance Company v. Larry Young 07/05/2005
Summary affirmance – commission did not err in finding that claimant proved his September 11, 2003 injury by accident arose out of his employment; employer is procedurally barred from raising its claim for the first time on appeal that the commission erred in awarding claimant temporary total disability benefits for the period from November 21, 2003 through January 8, 2004
0700052 Uninsured Employer’s Fund v. Joseph C. Mendes 07/05/2005
Summary affirmance – commission did not err in finding that appellee proved he cured his previous unjustified refusal of vocational rehabilitation services; made reasonable, appropriate, and adequate efforts to market his residual work capacity by March 1, 2004; and was entitled to an award of temporary total disability benefits beginning March 1, 2004 and continuing
1192042 Lawrence Jerome Fitzgerald v. Commonwealth 07/05/2005
Trial court did not err in finding the evidence was sufficient to convict appellant of possession of heroin with intent to distribute
1585042 Anthony Russell v. Commonwealth 07/05/2005
Trial court did not err in denying appellant’s motion to reconsider or in failing to modify sentences imposed following his conviction of two charges of distribution of cocaine on pleas of guilty pursuant to a plea agreement
1637042 Frank Short v. Commonwealth 07/05/2005
Trial court did not err in finding the evidence sufficient to convict appellant of contractor fraud under Code Section 18.2-200.1
1944042 Jacqueline Rodgers v. Commonwealth 07/05/2005
Trial court did not err in finding the evidence sufficient to support appellant’s conviction under Code Section 18.2-474.1
2098044 Robert Scott Whitehead v. Hope Alethia Bazaco Whitehead 07/05/2005
Trial court did not err in concluding that it lacked authority to terminate or modify husband’s existing mortgage obligation, in finding no change in circumstances existed to warrant a change in spousal support, in determining the income attributable to wife, and in failing to order wife to refinance the former marital residence solely in her name
2703041 Commonwealth of Virginia, Department of Corrections v. Robert E. Doyle 07/05/2005
Circuit court erred when it reversed the hearing officer’s decision and vacated the warden’s Group II disciplinary notice as the circuit court acted outside the boundaries of judicial review authorized by the Grievance Procedure Act; the circuit court’s orders are reversed and the agency’s personnel decision is reinstated
2704041 Commonwealth of Virginia, Department of Corrections v. Ronald A. Temple 07/05/2005
Circuit court erred when it reversed the hearing officer’s decision and vacated the warden’s Group II disciplinary notice as the circuit court acted outside the boundaries of judicial review authorized by the Grievance Procedure Act; the circuit court’s orders are reversed and the agency’s personnel decision is reinstated
3189033 Engram MacShannon Bellamy, a/k/a Engra Machan Bellamy v. Commonwealth 07/05/2005
Trial judge erred in admitting appellant’s statements in the Commonwealth’s case-in-chief as the police deliberately elicited appellant’s statements in violation of his Sixth Amendment right to counsel; appellant’s conviction reversed and case remanded for a new trial
0152052 James U. Kincaid v. Katherine B. Kincaid 06/28/2005
Summary affirmance – trial court did not abuse its discretion in its equitable distribution award or in its spousal support award
1427043 James Robert Welch, Jr. v. Commonwealth 06/28/2005
Trial court did not err in finding the evidence sufficient to convict appellant of having carnal knowledge of a child between thirteen and fifteen years of age
1811042 James A. Farrow v. Commonwealth 06/28/2005
Trial court did not err in denying appellant’s motion to suppress as appellant had no legitimate expectation of privacy in the premises searched or the property seized
1854042 Richard D. Weatherford v. Commonwealth 06/28/2005
Trial court did not err in determining that the shotgun found in appellant’s car was concealed from common view and observation; evidence was sufficient to convict appellant of possession of a concealed weapon in violation of Code Section 18.2-308
2119042 Laura Anne Easton v. Commonwealth 06/28/2005
Trial court did not err in admitting the certificate of analysis as the evidentiary requirements of the implied consent statute were satisfied
2684042 Richard C. Shultz v. Beverly P. Shultz 06/28/2005
This appeal is dismissed as appellant failed to provide an adequate record for this Court to consider his argument on appeal
3034042 Clinton R. Barlow (Estate of) and Clinton C. Barlow v. Winkelman, Inc., et al. 06/28/2005
Summary affirmance – commission did not err in finding that it lacked jurisdiction to consider claimant’s July 30, 2004 letter filed on August 2, 2004, because the request for review was not timely; and in finding that it was barred from considering claimant’s September 28, 1998 claim, as well as his July 30, 2004 letter, under the doctrine of res judicata
0047054 Tarun Batra v. Julia B. Batra 06/21/2005
No error in trial court’s denial of husband’s request for an award of attorney’s fees and costs expended in the establishment of the validity and enforcement of the Financial Agreement reached between husband and wife
0245053 Jimmy Ralph Dash, Jr. v. Coalfield Services, Inc. and Liberty Mutual Insurance Company 06/21/2005
Summary affirmance – commission did not err in finding that the applicable statute of limitations barred appellant’s March 13, 2003 claim seeking an award of permanent total disability benefits for a brain injury and that the doctrine of imposition did not apply
2259041 Jermaine Stanley Mock v. Commonwealth 06/21/2005
Trial court did not abuse its discretion in denying appellant’s motion for a continuance
2874034 Orlando S. Avalos v. Commonwealth 06/21/2005
Trial court did not err by denying appellant’s motion to suppress on Miranda grounds, by admitting appellant’s statements from a videotaped interview, by allowing the child witness to testify, and by finding the evidence sufficient to convict appellant of animate object sexual penetration of a child under the age of thirteen
0023051 Crystal Woodward v. City of Hampton Department of Social Services 06/14/2005
Summary affirmance – no error in trial court’s finding that clear and convincing evidence satisfied the statutory requirements of Code Section 16.1-283(C)(2) and established that termination of appellant’s parental rights was in the child’s best interests
0131051 Herman Butler v. City of Hampton Department of Social Services 06/14/2005
Summary affirmance - trial court did not err in terminating appellant’s residual parental rights to his two minor children pursuant to Code Section 16.1-283(C)(2)
0579054 Laura Denise Edwards v. Alexandria Department of Social Services 06/14/2005
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
0699043 Bruce Forbes v. Commonwealth 06/14/2005
Rule 5A:18 bars appellant from raising his claim of insufficient evidence for the first time on appeal; appellant’s contempt conviction affirmed
0713043 Bruce Forbes v. Commonwealth 06/14/2005
Appeal dismissed as appellant’s claims of error regarding the issuance of a capias and the denial of his post-conviction bond motion are moot
1852042 Tello J. Angelina v. Commonwealth 06/14/2005
Trial court did not err in finding that appellant voluntarily and intelligently waived his preliminary hearing on the drug charges, in finding that there was no violation of the speedy trial provisions, in admitting the drug evidence and the certificate of analysis, and in finding evidence sufficient to support appellant’s conviction of receipt of stolen property
2446041 Walter Thomas Golembiewski v. Gae Susan Anderson-Miller 06/14/2005
Judgment awarding appellee the IRA titled in her name is reversed and remanded for classification and distribution pursuant to Code Section 20-107.3; trial court did not abuse its discretion in refusing to award any rental value from the marital residence to husband or in allocating eighty-five percent of the marital equity in the marital residence to wife
2468041 Gae Susan Anderson-Miller v. Walter Thomas Golembiewski 06/14/2005
Trial court did not err in finding husband’s evidence sufficient to trace his separate property from the jointly owned marital residence, in its classification of the parties’ respective interests in the marital residence, in its equitable distribution of the marital equity in the marital residence, and in awarding husband the $10,000 note proceeds
3021044 Karen A. DeLuca v. Denis Katchmeric 06/14/2005
Summary affirmance - as the order from which appellant appeals is not a final order concerning the sale of the property, the appeal, insofar as it pertains to these issues, is dismissed; appellant is procedurally barred from raising her claim for the first time on appeal that the trial court failed to act impartially; trial court did not err by finding wife in contempt
1216042 Samantha Lynn Morris v. Commonwealth 06/07/2005
Rehearing En Banc granted
2050043 Craig Byron Johnson v. Shari Lynn Johnson 06/07/2005
Trial court did not err in classifying and valuing certain assets, in ordering the sale of the martial residence, in awarding the wife custody of the children, and in fixing support arrearages
2616042 Virginia Linen Service, et al. v. John W. Wise, Jr. (Deceased), et al. 06/07/2005
Commission did not err in finding that decedent’s fatal injury arose out of and in the course of his employment and in ruling that the decedent did not disobey a known safety rule; case remanded for determination of whether failure to use a safety harness and failing to use the buddy system bar recovery under Code Section 65.2-306
0069044 Gary Lee Pancione v. Commonwealth 05/31/2005
Trial court did not err in denying appellant’s motion to suppress as the court found the officer was acting as a private citizen
1170044 Robert Ian Trainer v. Commonwealth 05/31/2005
Trial court did not err in finding evidence sufficient to prove beyond a reasonable doubt the elements of assault
1218044 Jason Clark Trogdon v. Commonwealth 05/31/2005
No error in the jury finding appellant guilty of object sexual penetration of a child under the age of thirteen years
1294042 Jack M. Parrish, III v. Diane D. Parrish 05/31/2005
Trial court did not err in refusing to admit parol evidence on the issue of whether appellant intended to gift his premarital separate property interest in the marital home and in granting attorney’s fees to wife
2503043 Roy Hueston Scott, Jr. v. Consolidated Coin Caterers Corporation, et al. 05/31/2005
Summary affirmance – commission did not err in finding no evidence that Consolidated Coin Caterers Corporation and its insurer engaged in unlawful medical management of claimant’s case
2568042 Kenneth Jackson, s/k/a Kevin Jackson v. Annette Jackson 05/31/2005
Summary affirmance – no error in trial court’s denial of appellant’s bill of complaint
0238051 Jacqueline L. Palmer Mercer v. Support Services of Virginia, Inc., et al. 05/24/2005
Summary affirmance – commission did not err in finding that claimant’s claim for additional wage loss compensation was barred by the two-year time limitation and that she was not entitled to payment for certain medical expenses because they arose from unauthorized medical treatment
0281051 Tidewater Staffing, Inc. and Federal Insurance Company v. Victoria Cook 05/24/2005
Summary affirmance – commission did not err in calculating appellee’s pre-injury average weekly wage as $750
1604044 Selemon S. Takele v. Commonwealth 05/24/2005
Trial court did not err in convicting appellant of petit larceny of a library book as evidence was sufficient to prove asportation of the book
2653043 William Williamson v. Commonwealth of Virginia, Department of Social Services, etc. 05/24/2005
Summary affirmance – trial court did not abuse its discretion in denying appellant’s appeal of the juvenile and domestic relations district court’s decision as the evidence failed to show that appellant’s inability to pay child support was “not due to his own voluntary act” in committing a crime, which resulted in his incarceration
2860041 Jamie Routten v. Hampton Department of Social Services 05/24/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights pursuant to Code Section 16.1-283(C)
2915042 Norma Jean Scruggs Haga v. Keith Schlosberg and Carolyn Schlosberg 05/24/2005
Summary affirmance – trial court did not err in granting the adoption petition as the evidence supports the trial court’s findings that appellant withheld consent contrary to the best interests of the child and that her continued relationship with the child would be detrimental
0115051 Darlene Mishell Thomas v. Siemens Automotive, Ltd., et al. 05/17/2005
No error in commission’s finding that claimant was terminated from selective employment for justified cause warranting a forfeiture of her right to future temporary partial disability benefits
0474043 Brandon L. Hubbard, s/k/a Brandon Lamonte Hubbard v. Commonwealth 05/17/2005
This appeal is dismissed as appellant raised issue for first time in his opening brief
0543043 Donald Victor Pickard v. Commonwealth 05/17/2005
No error found as the evidence was sufficient to support the jury’s finding that the appellant was intoxicated when he drove
1283043 Kenneth Eugene Jackson, s/k/a Kenneth Eugene Jackson, Jr. v. Commonwealth 05/17/2005
No error in trial court’s denial of a continuance and refusal to admit a codefendant’s hearsay statement under the exception for statements against penal interest
1440041 Michael Ray Brown v. Commonwealth 05/17/2005
Trial court erred in finding that the evidence proved the fair market value of the stolen property to be $200 or greater at the time of the theft; case remanded for judgment and sentencing on the lesser-included offense of petit larceny
3190031 Frederick B. Smallwood v. Commonwealth 05/17/2005
Trial court did not err in permitting the Commonwealth’s medical examiner to testify that the forensic evidence was not consistent with self-infliction and not consistent with a shooting during a struggle; such testimony on the record was not impermissible expert testimony as to the ultimate fact to be determined by the jury
0044054 Truland Systems Corporation and Hartford Casualty Insurance Company v. Richard L. Bailey 05/10/2005
Summary affirmance – commission did not err in finding that employer failed to prove that appellee was terminated for justified cause
0164053 Boston Concrete Products and Employers Insurance of Wausau v. The Estate of Johnnie Alan Wilkerson 05/10/2005
Summary affirmance – commission did not err in finding that claimant did not impair employer’s subrogation rights or lien and in declining to afford employer equitable relief based upon the doctrine of laches
0511041 Joseph Walter Nobrega v. Commonwealth 05/10/2005
No reversible error found in trial judge’s denial of appellant’s motion to order a psychiatric examination of the child; trial judge did not err in finding evidence sufficient to sustain appellant’s convictions of two counts of rape of a child under the age of thirteen and two counts of sexual abuse of a child under the age of thirteen
1216042 Samantha Lynn Morris v. Commonwealth 05/10/2005
Trial court erred in finding evidence sufficient to support appellant’s convictions for two counts of felonious child neglect in violation of Code Section 18.2-371.1(B)
1741044 Karen A. DeLuca v. Denis Katchmeric 05/10/2005
Summary affirmance - no error in trial court’s rulings on the issues of equitable distribution and spousal support awards
1807042 Thomas Randolph Lewis v. Courtenay Munford Lewis 05/10/2005
Trial court did not err in dismissing appellant's cross-bill of complaint for annulment of his marriage to appellee
2743031 Lamar Edward Barnes v. Commonwealth 05/10/2005
Trial judge's decision to admit portions of the testimony concerning the deceased victim's pregnancy was harmless error; trial judge did not err in asking the jury to "revisit" the verdict forms as the trial judge was within his power to give the jury an opportunity to correct what he perceived to be a clerical error in the verdicts
2761041 Naomi Brown v. Virginia Retirement System 05/10/2005
Summary affirmance - trial court did not err in concluding that substantial evidence existed in the record to support the Virginia Retirement System’s final case decision denying appellant’s claim for disability retirement benefits
2791042 Labcorp of America and Cigna Property & Casualty Insurance Company v. Kathy C. Bey 05/10/2005
Summary affirmance - commission did not err in finding that appellee proved she sustained a head injury, post-traumatic stress syndrome, and psychiatric problems as a result of her June 13, 2003 compensable injury by accident
2841041 Eugene Blair v. Hampton Department of Social Services 05/10/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support the termination of appellant’s parental rights pursuant to Code Section 16.1-283(C)
0097041 Christopher D. Hirst v. Commonwealth 05/03/2005
Trial court did not err in finding that the evidence was sufficient to convict appellant of aggravated sexual battery
1321042 David M. D. Lannes v. Marisol Fernandez Lannes 05/03/2005
Trial court did not err in its equitable distribution award, awards of spousal and child support, decision to award spousal support for thirteen years and in allowing each party to retain possession of the personal property obtained at the time of separation
2100042 Steven G. Washington v. Sofia T. Washington 05/03/2005
No error in trial court’s rulings on the issues of equitable distribution, custody and visitation, and attorney’s fees
2188042 Sofia T. Washington v. Steven G. Washington 05/03/2005
No error in trial court’s rulings on the issues of equitable distribution, custody and visitation, and attorney’s fees
2399044 Nathan Boyd, Sr. v. Fairfax County Department of Family Services 05/03/2005
Summary affirmance – trial court did not err in finding that the department of family services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(2) and establishing that the termination of appellant’s residual parental rights was in the child’s best interest
2715041 Commonwealth v. Jeffrey A. Bryant 05/03/2005
Trial court erred in suppressing the incriminating evidence found among the garbage in appellee’s trashcan
2901031 Hakim M. Abdul-Wasi v. Commonwealth 05/03/2005
No reversible error in trial court’s denial of appellant’s motion to suppress the transcript of his confession elicited by police officers on September 23, 2002
0170042 Shawn M. Myers v. Commonwealth 04/26/2005
Trial court did not abuse its discretion in revoking a portion of appellant’s suspended sentences; appellant is procedurally barred from arguing for the first time on appeal that he was financially unable to comply with the terms of his supervised probation
0382042 Joshua Lee Croxton v. Commonwealth 04/26/2005
Trial court did not err in finding evidence sufficient to convict appellant for aggravated sexual battery and taking indecent liberties with a child, admitting statements from a videotaped interview and sustaining the Commonwealth’s motion to quash the subpoenas
1123041 Timothy Martin Barrett v. Valerie Jill Rhudy Barrett 04/26/2005
Trial court did not abuse its discretion in considering the testimony of witnesses wife did not identify in the discovery order, or in its equitable distribution of the parties' assets; trial court erred in classifying wife’s attorney’s fees, incurred in the divorce proceedings and after the parties separated, as marital debt and in apportioning $6,000 of that debt to husband for payment
1171042 Samuel Ferguson v. Commonwealth 04/26/2005
Trial court did not err in denying appellant’s motion to suppress as the challenged entry and subsequent searches were reasonable based on apparent authority
1815042 Michael Raymond Simpson v. Barbara Baganz Simpson 04/26/2005
Trial court did not err in classifying assets as the husband’s separate property, in upholding a deed of partition, and in issuing a prospective ruling; trial court correctly calculated spousal support
1827042 Barbara Baganz Simpson v. Michael Raymond Simpson 04/26/2005
Trial court did not err in classifying assets as the husband’s separate property, in upholding a deed of partition, and in issuing a prospective ruling; trial court correctly calculated spousal support
2487043 Peter Hooper v. Paula Odle 04/26/2005
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
2688044 Nathan Seibert v. Alexandria Division of Social Services 04/26/2005
Summary affirmance – two issues raised on appeal procedurally barred pursuant to Rule 5A:18; as appellant provided no authority for an argument in his opening brief, that argument does not warrant appellate consideration
3031043 Helen L. Agee v. A.H. Robins Company, Inc. and Pacific Employers Insurance Company 04/26/2005
Summary affirmance - no reversible error in commission’s finding that appellant failed to sustain her burden of proving she was entitled to an award of permanent total disability benefits
3132032 Ronald Douglas Cosby v. Commonwealth 04/26/2005
Trial court erred in finding evidence sufficient to support appellant’s conviction of conspiracy to distribute heroin as the Commonwealth failed to prove beyond a reasonable doubt that appellant entered into an agreement to distribute drugs to a third party
0798042 Brian Scott Newport v. Commonwealth 04/19/2005
Trial court did not err in applying the statute’s prima facie presumption of larceny for failure to return bailed property and finding appellant’s evidence insufficient to rebut that presumption
1106042 April Lynn Frey v. Commonwealth 04/19/2005
Trial court erred in convicting appellant for felony child neglect as evidence was insufficient to prove criminal negligence
1340042 Rickie Andrew Binns v. Commonwealth 04/19/2005
Trial court did not err in finding evidence sufficient to support appellant’s convictions for burglary and grand larceny
1367042 Brian Odell Tolson v. Commonwealth 04/19/2005
No error in trial court’s denial of appellant’s motion to dismiss on double jeopardy grounds as appellant failed to establish the identity of the offenses under the facts of this case
3061032 Otis Lee Dinkins v. Commonwealth 04/19/2005
Trial court erred in admitting a certificate of analyzing DNA specimens as the evidence did not establish with reasonable certainty all vital links connecting the evidence as retrieved to the evidence as tested
0995043 Donald Keith Woods v. Commonwealth 04/12/2005
Trial court did not err in finding evidence sufficient to support appellant's convictions for statutory burglary and petit larceny
1335043 Melvin C. Cauley v. Irma W. Cauley 04/12/2005
Trial court did not err in requiring the execution of a trust agreement and deed conveying title to husband’s residence in trust to be held for the benefit of wife, as the remedy for husband’s breach of certain terms of a property settlement agreement
2135043 Giant Food, Inc. and Ahold U.S.A. Holdings, Inc. v. Jerry L. Marcum 04/12/2005
Commission did not err in awarding medical benefits to claimant as the evidence was sufficient to prove claimant's bilateral carpal tunnel syndrome did not result from causes outside his employment
2194043 Staunton Correctional Center/Commonwealth v. Gary L. Sanderson 04/12/2005
Commission did not err in applying the doctrine of imposition to toll the statute of limitations contained in Code Section 65.2-708 and the ninety-day rule contained in Rule 1.2(B)
2261033 Mark Edward Kimberlin v. Commonwealth 04/12/2005
Trial court did not err in finding evidence sufficient to convict appellant of violating Code Section 18.2-461 by giving a false report of a crime to law enforcement officials with the intention of misleading them; other issue raised on appeal procedurally barred pursuant to Rule 5A:18
2337033 Mark Edward Kimberlin v. Commonwealth 04/12/2005
No reversible error in trial court’s admission of an unredacted copy of appellant’s driving transcript from the Department of Motor Vehicles
2637042 Clinton Quesenberry v. Richmond Department of Social Services 04/12/2005
Summary affirmance – trial judge did not err in finding that the Department of Social Services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(1) and 16.1-283(C)(2) and establishing that termination of appellant’s residual parental rights is in the child’s best interest
2698043 Steven Mark Hylton v. Barbara Allen Hylton 04/12/2005
Summary affirmance - arguments raised on appeal are barred by Rule 5A:18
3117033 Charles Edward Viars v. Commonwealth 04/12/2005
Trial court did not violate appellant’s Fifth Amendment right against double jeopardy; the trial court had authority to convict appellant of both offenses because his single act was a violation of two distinct statutory crimes
1004041 Ronald Lee Smith, Jr. v. Commonwealth 04/05/2005
No reversible error in trial court’s refusal to sever for trial the felony offenses from the misdemeanor offenses
1433042 James Perry Cason v. Commonwealth 04/05/2005
Trial court did not err in finding evidence sufficient to convict appellant of possession with intent to distribute marijuana
1967043 Estate of Ralph Helton v. Elk Garden Cattle Company and Virginia Farm Bureau Fire, et al. 04/05/2005
No error in commission’s finding that the evidence failed to prove appellant’s injuries arose out of his employment
2299043 Virginia Birth-Related Neurological Injury Compensation Program v. Jona Lynn Williamson, etc. 04/05/2005
Commission did not err in finding that a generator to operate appellee’s life-sustaining equipment was both medically necessary and reasonable; the commission’s ruling did not improperly invade the Program’s ability to manage the fund
2433041 Joy Walker Wesner v. William Henry Wesner 04/05/2005
Summary affirmance – trial court did not err in refusing to order husband to pay wife for 'room and board' for child while she lived at home and attended community college and in ordering wife to pay one-half of child's expenses to attend college
0668042 Wendall Vaccaro McNeal, s/k/a Wendell V. McNeal v. Commonwealth 03/29/2005
Trial court did not err in finding evidence sufficient to convict appellant of possession of cocaine with intent to distribute and possession of a firearm while in possession of cocaine
0783041 Jason Andre Williams v. Commonwealth 03/29/2005
Trial court did not err in denying appellant’s motion to suppress and finding evidence sufficient to convict appellant of possessing a firearm after previously having been convicted of a felony
0831041 John Lester Scott v. Commonwealth 03/29/2005
Trial court did not err in refusing to amend appellant’s indictment to charge second-degree murder
1147042 Rashad Javell Nevon Fraierson v. Commonwealth 03/29/2005
No error in trial court’s finding evidence sufficient to convict appellant of possession of cocaine with intent to distribute and possession of heroin
2250041 Leslie St. Clair Tafe, f/k/a Leslie Tafe Hackemeyer v. John Hackemeyer 03/29/2005
Summary affirmance – Questions Presented (1) through (3) are barred pursuant to Rule 5A:18; finding that a complete transcript or statement of facts of the June 30, 2004 hearing is indispensable to a determination of Question Presented (4), the appeal is dismissed insofar as it pertains to that issue
2656042 Christy D. Carcamo v. Louisa County Department of Social Services 03/29/2005
Summary affirmance – issue raised on appeal is procedurally defaulted under Rule 5A:18
2871041 Newport News Shipbuilding & Dry Dock Company v. Willie E. Bond 03/29/2005
Summary affirmance - no error in Commission’s denial of employer’s application to terminate or suspend appellee’s outstanding award of temporary total disability compensation
2974032 James Thomas Watts v. Commonwealth 03/29/2005
No error in trial court’s finding the evidence sufficient to support appellant’s conviction for grand larceny
3028032 Shawn Andre Barksdale v. Commonwealth 03/29/2005
No error in trial court’s finding evidence sufficient to convict appellant of two counts of robbery and two counts of using a firearm during the course of a felony
3236033 Beverly Lam v. Commonwealth 03/29/2005
Trial court did not err in finding evidence sufficient to support appellant’s conviction for driving after having been declared a habitual offender
0081042 George Washington Ruffin v. Commonwealth 03/22/2005
Trial court did not err in finding evidence sufficient to support appellant’s conviction of possession of cocaine in violation of Code Section 18.2-250
0096042 Antonio E. Tyler v. Commonwealth 03/22/2005
Trial court did not err in admitting a certificate of analysis as evidence proved with reasonable certainty that the seized items had not been altered, substituted, or contaminated prior to analysis
0556042 Joe Earl Harrison v. Commonwealth 03/22/2005
No error in trial court’s finding that appellant violated the terms of his probation of his 1989 suspended sentence
1389041 Supermarket Express, L.L.C., t/a Lagoon v. Commonwealth of Virginia, et al. 03/22/2005
Trial court did not err in affirming the suspension of appellant’s wine and beer on and off premises and mixed beverage restaurant licenses by the Virginia Alcoholic Beverage Control Board
2256041 Lite–Tech, Inc. and Great American Insurance Company v. Antony Eric Charles 03/22/2005
Commission did not err in finding that claimant’s right wrist carpal tunnel syndrome was a compensable consequence of his initial compensable injury, that his change-in-condition application was timely filed, and that claimant reasonably marketed his residual work capacity
2319041 Antony Eric Charles v. Lite–Tech, Inc. and Great American Insurance Company 03/22/2005
Commission did not err in finding that claimant’s right wrist carpal tunnel syndrome was a compensable consequence of his initial compensable injury, that his change-in-condition application was timely filed, and that claimant reasonably marketed his residual work capacity
2328042 Atlantic Plywood Corporation and Lumber Mutual Insurance Company v. Jeffrey Howard Moore 03/22/2005
Appellant did not preserve under Rule 5A:18 issue raised on appeal
2782042 Catherine L. Jenkins v. Arlington (County of) School Board, et al. 03/22/2005
Summary affirmance – commission did not err in finding claimant was not entitled to an award of disability benefits
2989032 David Mark Hales v. Commonwealth 03/22/2005
Trial court did not err by refusing the proffered jury instruction and in finding evidence sufficient to support appellant’s conviction for burglary
0551041 James Osias Simone, Jr. v. Commonwealth 03/15/2005
Trial court erred in convicting appellant of four counts of possession of child pornography as appellant, as a prior tenant, did not have sufficient dominion and control over the computer on June 29, 2002 to conclude that he possessed the images contained therein on that date
0671042 Kenneth Wayne Marchioli-Acra v. Commonwealth 03/15/2005
Trial court did not err in finding evidence sufficient to convict appellant of taking indecent liberties with a child while in a custodial or supervisory relationship
0932041 Bobby S. Hawkins v. Commonwealth 03/15/2005
Trial court did not err in finding evidence sufficient to convict appellant of two counts of aggravated sexual battery
1005041 Teresa Laverne Johnson v. Commonwealth 03/15/2005
Trial court did not err in convicting appellant of driving as a habitual offender; trial court erred in admitting certificate of analysis into evidence
1577044 Amer Samman v. Heather Sharisse Steber 03/15/2005
Trial court did not err in awarding sole custody of the parties’ minor child to wife, considering the case as an initial custody determination, qualifying a witness as an expert in the law of international child abduction, finding appellant’s treating therapist’s testimony insufficient to adequately address appellant’s mental health and ensure a safe environment for the child
1675044 Fatemeh Nasrin Ghods v. John D. Musick 03/15/2005
Trial court did not err in finding the evidence as presented before the Commissioner sufficient to establish desertion as the basis for divorce, requiring wife to pay husband the difference between his full retirement benefits and his reduced retirement benefits and awarding husband 95% of the marital home
2587044 Phyllis A. Filoso v. Prince William County School Board 03/15/2005
Summary affirmance - commission did not err in denying appellant’s claim for temporary total disability benefits and medical benefits as appellant’s claim is barred by the statute of limitations
2693041 LaToyla Ishia Cooper v. Virginia Beach Department of Social Services 03/15/2005
Summary affirmance - trial court did not err in finding evidence sufficient to satisfy the statutory requirements of Code Section 16.1-283(C)(2) and establish that the termination of appellant’s residual parental rights was in the child’s best interest
2714041 Jon Snyder (Deceased), Ava L. Snyder and Nicole L. Snyder v. County of York (Fire), et al. 03/15/2005
Summary affirmance - commission did not err in denying claimants’ motion to reopen the record and for a remand to submit additional medical evidence in support of their claim and in finding that the evidence proved that the deceased’s lung cancer was caused by his cigarette smoking and not his occupational exposure to toxic substances
2921023 Tyrone Maurice Epps v Commonwealth 03/15/2005
Trial court did not err in refusing to instruct on accidental shooting and self-defense as evidence did not support these instructions
0188041 Kerry Lenell Boone v. Commonwealth 03/08/2005
Trial court erred in convicting appellant of felony escape in violation of Code Section 18.2-479(B) as the evidence failed to prove the elements of the offense
0561044 Roy L. Pearson, Jr. v. Rhonda S. VanLowe 03/08/2005
Trial court did not err in determining the date of separation, granting wife a divorce on that basis, and awarding attorney’s fees to wife; trial court erred in omitting husband’s right to a reservation of future support from the final decree
0700042 David South and Zelma South v. Jennifer Rebecca South 03/08/2005
Trial court did not err in granting appellee custody of her infant child as appellants offered no evidence of actual harm to the child if placed in the custody of mother, as was their burden to show
1532044 Argenbright Security, Inc. and Zurich American Insurance Company v. Stanley K. Jackson, Sr. 03/08/2005
Commission did not err in denying employer’s application seeking termination and/or suspension of appellee’s outstanding award of benefits as employer failed to meet its burden of proof to terminate benefits
2523042 Roshan Burns v. Charlottesville Department of Social Services 03/08/2005
Trial court did not err in finding evidence sufficient to support a termination of appellant’s residual parental rights and in admitting hearsay evidence contained within the foster care service plans as the plans qualified for admission into evidence at the termination hearing pursuant to Code Section 8.01-390(A)
2777032 Leroy Leslie Kelly, Jr. v. Commonwealth 03/08/2005
Trial court did not err in denying appellant’s motion to suppress as the police officers “followed in the footsteps” of the firefighters an did not exceed the permissible scope of their intrusion
1229031 Tyrone Alphonso Wilson v. Commonwealth 03/01/2005
Rehearing En Banc granted
2059042 Carl M. Block v. Melinda B. Block 03/01/2005
Summary affirmance – trial court did not err by applying the statutory factors of Code Section 20-107.1, not imputing additional income to wife, ordering husband to pay wife spousal support and awarding wife a portion of her attorney’s fees and costs
2586044 Sonji D. Faulkner v. Chugach Development Corporation and Zurich American Insurance Company 03/01/2005
Summary affirmance - no error in commission’s finding that appellant failed to prove that her bilateral carpal tunnel syndrome constituted either a compensable injury by accident or a compensable ordinary disease of life
3012032 Dermaine Tryelle Shelton v. Commonwealth 03/01/2005
Trial court did not err in denying appellant’s motion to suppress as the officer had reasonable suspicion to detain appellant; no error in trial court's finding evidence sufficient to support appellant’s convictions for possession of a firearm while in possession of cocaine and possession of a firearm by a convicted felon
0160042 Tavares Lamont Brown v. Commonwealth 02/22/2005
Trial court did not err in denying appellant’s motion to suppress evidence seized from him as the officer had probable cause to arrest appellant for possession of prohibited drugs and the subsequent search of his person pursuant to that arrest was lawful; no error in trial court’s finding that the evidence was sufficient to support appellant’s conviction for possession of heroin
1343042 Dale Faith Nelson v. Petersburg Department of Social Services 02/22/2005
Trial court did not err in finding credible evidence to support termination of appellant’s residual parental rights to each of the children as being in their best interests and in admitting testimony by the court-appointed special advocate assigned to the case
2153032 Louis K. Harris v. Commonwealth 02/22/2005
Arguments raised on appeal are barred by Rule 5A:18 as the arguments appellant raised on appeal are not the same arguments advanced at trial
2490041 Jennelle Copley v. Newport News Department of Social Services 02/22/2005
Summary affirmance – trial court did not err in finding evidence sufficient to support termination of appellant’s parental rights to her children as appellant failed to substantially remedy the conditions that resulted in the children’s removal
2505032 Thomas Lee Beazley v. Commonwealth 02/22/2005
Trial court did not err in convicting appellant of three counts of taking indecent liberties with a child in violation of Code Section 18.2-370.1 as evidence was sufficient to prove appellant exercised a supervisory or custodial relationship over the children
0246041 William J. Ross v. Commonwealth 02/15/2005
Trial court erred in finding the Circuit Court of Portsmouth had venue to try appellant for eluding the police as appellant did not receive a “visible or audible signal” from the officer within the jurisdiction of Portsmouth and no factual evidence supports a finding that the completed offense occurred within one mile of the corporate limits of Portsmouth
0301042 Van D. Robinson, s/k/a Van Derrick Robinson v. Commonwealth 02/15/2005
Trial court did not err in finding evidence sufficient to convict appellant of two counts of rape in violation of Code Section 18.2-61
0419042 Jeffrey Edward Porter v. Commonwealth 02/15/2005
Trial court did not err in finding evidence sufficient to support appellant’s convictions for possession of cocaine and possession of heroin
0454031 Michael Helmick v. Melissa Sprong, Raymond Helmick and Betty Helmick 02/15/2005
Trial court did not err in prohibiting great-grandparents from taking child to visit appellant in prison and denying appellant access to child’s medical records
0944043 Jeff Rouse and Tammy Rouse v. Russell County Department of Social Services, Debra Gibson, et al. 02/15/2005
Trial court erred in terminating parental rights of mother before evidence of possible relative placement was before court
1057043 Matthew Cody, Esquire, etc. v. Jeff Rouse, Tammy Rouse, et al. 02/15/2005
Trial court erred in terminating parental rights of mother before evidence of possible relative placement was before court
1074043 Debra Gibson v. Russell County Department of Social Services, James Castle, Thelma Castle, et al. 02/15/2005
Trial court erred in terminating parental rights of mother before evidence of possible relative placement was before court
1357042 Sherri Eubank v. Chesterfield-Colonial Heights Department of Social Services 02/15/2005
Summary affirmance - Issues raised on appeal are procedurally defaulted under Rule 5A:18
2714031 Ronnie Odell Brooks v. Commonwealth 02/15/2005
Trial court did not err accepting an unsigned circuit court order as proof of a prior conviction as the conviction order was properly authenticated by the clerk pursuant to Code Section 8.01-389(A); evidence was sufficient to convict appellant of driving while under the influence of alcohol, third offense within ten years
2971022 Douglas L. Miller v. Commonwealth 02/15/2005
Trial court did not err in ruling that the County’s zoning ordinance is valid, the County had not unlawfully withheld certificates of occupancy; judge’s failure to sign conviction order did not deny appellant his right to due process; judgment of conviction for occupying a structure without an occupancy permit was a valid act as the order met the requirement of Code Section 17.1-123(A)
3206032 Christopher Benjamin Johnson v. Commonwealth 02/15/2005
Trial court did not err in denying appellant’s motion to withdraw his guilty plea; as appellant failed to timely object to the trial court’s sentencing proceedings and to carry his burden of showing “clear, substantial, and material” error, appellant is barred from raising issue on appeal
3244031 Mark Anthony Grethen v. Sandra Lynn Grethen 02/15/2005
Trial court erred in not appointing a committee for appellant prior to the equitable distribution determination as appellant was a prisoner and was entitled to a committee before the trial court awarded a distribution of property; all other issues raised on appeal are procedurally defaulted
0173042 Christina Willis, s/k/a Cristina Deanna Willis v. Commonwealth 02/08/2005
Trial court did not err in finding evidence sufficient to support appellant’s conviction for three counts of indecent exposure in violation of Code Section 18.2-387
0231042 Kendell K. Hooks v. Commonwealth 02/08/2005
No error in trial court’s finding evidence sufficient to support appellant’s conviction of possession of less than one-half ounce of marijuana with intent to distribute
0295044 Labor Finders of Virginia, Inc. and American Casualty Company v. Mario Baldivieso 02/08/2005
No error in commission’s finding that appellee’s injury by accident arose out of his employment
0365042 Kiana Tonye Brown v. Commonwealth 02/08/2005
Trial court did not err in finding evidence sufficient to support appellant’s convictions of disorderly conduct, misdemeanor battery and felony battery of a law enforcement officer; because the officers had probable cause to arrest appellant, she had no right to use force to resist the lawful arrest
0374041 Joseph Cornell Gray v. Commonwealth 02/08/2005
Trial court did not err in finding evidence sufficient to convict appellant of possession of a firearm while in possession of a controlled substance and possession with intent to distribute heroin
0703042 Demetrious M. Green, s/k/a Demetrious Melvin Green v. Commonwealth 02/08/2005
Trial court did not err in denying appellant’s motion to strike as sufficient evidence proved appellant was the person who broke and entered the business
1555042 Donna Mitchell v. The Miller Group and Pennsylvania Manufacturing Association Insurance Co. 02/08/2005
Commission did not err in denying appellant’s request for temporary total disability benefits as the appellant failed to carry her burden of proof to establish an injury by accident arising out of the course of her employment
1561043 Anthony Glen Burnette v. Vera Mae Burnete 02/08/2005
Summary affirmance - trial court did not err in requiring appellant to pay appellee one-half of the difference in price between an offer to buy the marital home and the actual sale price to someone else, and one-half of the real estate commission to sell the house
1736043 Deborah Lynn Inskeep v. Roanoke City Department of Social Services 02/08/2005
Summary affirmance - trial court did not err in terminating appellant’s parental rights as appellant failed to “substantially remedy” the conditions “which led to or required continuation of the child’s foster care placement” within the statutory time period
2018044 Commonwealth v. Debra Lesto Meyers 02/08/2005
Trial court erred in suppressing certain of appellee’s statements as appellee was not subject to a custodial interrogation
2265044 Matthew William Newberger v. Travilian Homes, Inc. and Erie Insurance Exchange 02/08/2005
Summary affirmance - commission did not err in finding that appellant failed to prove that his condition/disability after December 9, 2002, was causally related to his compensable October 31, 2002 injury by accident
2438032 Timothy Wayne Sprouse v. Commonwealth 02/08/2005
No error in trial court’s finding evidence sufficient to support appellant’s conviction of possession of a firearm while simultaneously possessing cocaine
0600043 David Herman Whitt v. Commonwealth 02/01/2005
As Code Section 18.2-271.1(F) grants continuing jurisdiction over any person entering VASAP until successful completion or revocation of the referral, trial court did not err in revoking a suspended jail sentence received for a conviction of driving under the influence second offense as defendant violated the district court’s referral to VASAP by failing to complete the program
1051044 Timothy R. Ranney v. Carol M. Ranney 02/01/2005
Trial court did not err in failing to reduce appellee’s equitable distribution award based on her fraudulent inducement of marriage
1589041 Julio Vallejo, Jr. v. Palms Associates and Associated Indemnity Corporation 02/01/2005
Summary affirmance - no error in commission’s finding that appellant failed to prove he sustained a compensable injury by accident on March 7 or 8, 2001
1595044 Chris Connors Overcash v. Elizabeth C. Albertella, f/k/a Elizabeth C. Overcash 02/01/2005
Summary affirmance – trial court did not err in finding a material change in circumstances, in ruling on mother’s motion to modify visitation, in determining change of visitation would be in child’s best interest and in awarding the child's mother attorney’s fees; trial court did not fail to consider all factors contained in Code Section 20-124.3
2077034 Tray Darnell Conaway v. Commonwealth 02/01/2005
Trial court did not err in admitting the out-of-court statement as the statement was not hearsay because it was not offered to prove the truth of the matter asserted
2141044 E.I.T., Inc. and Chubb Indemnity Insurance Co. v. Priscilla G. Thomas 02/01/2005
Summary affirmance - no error in commission’s finding that appellee proved she did not unjustifiably refuse employer’s offer of selective employment
2257041 Invisible Fencing of Hampton Roads and Erie Insurance Exchange v. Michael Coster 02/01/2005
Summary affirmance – no error in commission’s finding that appellee proved a reasonable excuse for his delay in giving timely notice of his July 1, 2002 injury by accident to employer as required by Code Section 65.2-600 and that employer failed to prove prejudice resulting from the delay in notice
2343044 C. Darrell Jones v. Linda C. Campanelli 02/01/2005
Summary affirmance - trial judge did not abuse his discretion by requiring the husband pay a portion of the unreimbursed medical expenses associated with the son’s therapy, in making the child and spousal support awards, and in denying husband’s request for attorney’s fees
3198031 Phillip Eric Cowell v. Commonwealth 02/01/2005
Trial court did not err in refusing to grant appellant’s proposed jury instruction defining the term “cohabitation” as the jury instruction incorrectly states the applicable law and would confuse or mislead the jury
3232032 Perry Donnell Whitaker, II v. Commonwealth 02/01/2005
Trial judge did not err in denying appellant’s motion to suppress as the officers had reasonable suspicion to investigate possible criminal activity by stopping the car; appellant’s incriminating statements, made after proper Miranda warnings, were admissible evidence
2009041 Tracy D. Paris v. City of Virginia Beach Department of Social Services 01/25/2005
Summary affirmance – trial court did not err by denying appellant’s motion to dismiss the Norfolk petition for termination of residual parental rights; the original petition from Virginia Beach Juvenile and Domestic Relations District Court was dismissed and the defect of that petition has no effect on the jurisdiction and validity of the Norfolk petition and order before this Court
2614034 Ahmer Shaikh v. Commonwealth 01/25/2005
Trial court did not err in excusing two veniremen from the jury panel as the trial court had the discretion to remove any venireman who might be “prevented from or impaired in performing the duties of a juror”; trial court had no affirmative duty to fashion its own definitional instruction to accompany the model concert of action instruction
1229031 Tyrone Alphonso Wilson v. Commonwealth 01/18/2005
Trial court erred by refusing to consider the proffered plea agreement reached by parties the morning of trial; as trial court had sufficient evidence to conclude that appellant was a convicted felon and in constructive possession of contraband, remanded for new trial
1531044 Saeid Montakhabi v. Nayer Montakhabi 01/18/2005
This appeal is dismissed as appellant failed to provide the Court with an adequate record to determine the issues
1965041 S.W. Day Construction Corporation and Pennsylvania General Insurance Company v. Joel S. Coplon 01/18/2005
Summary affirmance - Commission did not err in finding that employer failed to meet its burden of proving that appellee refused to cooperate with vocational rehabilitation and unjustifiably refused a bona fide offer of selective employment
2920031 Joan Coppedge v. Commonwealth 01/18/2005
Trial court did not err in admitting appellant’s statements and physical evidence as the officer effected an “actual custodial arrest” and then conducted a search incident to the arrest
0003041 Willie James Wilson, Jr. v. Commonwealth 01/11/2005
Appellant's convictions of possession of cocaine with intent to distribute and possession of firearm while in possession of cocaine affirmed under Rule 5A:18 where argument raised on appeal was not raised in trial court
0145043 Edward Allen Faines v. Commonwealth 01/11/2005
Trial court erred in not suppressing the evidence as no exigent circumstances existed to justify a warrantless entry
0156044 Roger L. Schoenberger v. Commonwealth 01/11/2005
No error in trial court’s finding evidence sufficient to support appellant’s conviction of stalking as evidence proved appellant’s conduct placed the victim in reasonable fear of bodily injury or sexual assault
0282041 Michael Christopher Humphries, s/k/a Michael A. Humphries v. Commonwealth 01/11/2005
No error in trial court’s finding evidence sufficient to support appellant’s convictions of third offense petit larceny and assault and battery
0406044 Giant Food Inc. and Lumbermens Mutual Casualty Company v. Joann Webb 01/11/2005
Commission did not err in finding that the executed agreements filed August 31, 1998 constituted the filing of a timely claim for benefits as the filings of the parties’ agreements satisfied requirements of Commission Rule 1:1 and fairly apprised the commission that a claim was being made by claimant
0468043 James Douglas Gardner v. Sheila Jeanes Gardner 01/11/2005
Trial court did not err in its valuation of appellant’s medical practice; trial court erred in classifying pension as marital property and in considering the value of the accounts receivable in determining the marital award
0734044 Moneer R. Ishtiwi, s/k/a Mooner R. Ishtiwi v. Commonwealth 01/11/2005
Trial court did not err in denying appellant’s motion to strike as evidence was sufficient to convict him of obstructing justice
0770044 Louise Redditt v. Fairfax County Department of Family Services 01/11/2005
Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant’s residual rights was in the children’s best interests
0771044 Louise Redditt v. Fairfax County Department of Family Services 01/11/2005
Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant’s residual rights was in the children’s best interests
0772044 Louise Redditt v. Fairfax County Department of Family Services 01/11/2005
Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant’s residual rights was in the children’s best interests
0773044 Louise Redditt v. Fairfax County Department of Family Services 01/11/2005
Trial court did not err in ruling that DFS proved by clear and convincing evidence each of the requirements of Code Section 16.1-283(C)(1) (2), that appellant failed to substantially remedy the conditions which resulted in her children being placed in foster care, and that termination of appellant’s residual rights was in the children’s best interests
0871041 Roscoe L. Simpson v. Carol P. Simpson 01/11/2005
Summary affirmance – trial court did not err in denying appellant’s motion as the matters raised in the motion had been previously adjudicated
2189041 City of Suffolk School Board v. Sheila D. Waters 01/11/2005
Summary affirmance – no error in commission’s finding that appellee proved a causal connection existed between her medical treatment and her compensable injury by accident
2327031 Linwood G. Byrd v. Commonwealth 01/11/2005
Trial court did not err in denying appellant’s motion to suppress as the officer had probable cause to arrest appellant for possessing cocaine, the search was reasonable and constitutional
2394032 Timothy Oberry Stith v. Commonwealth 01/11/2005
Trial court did not err in denying appellant’s motion to suppress as appellant’s statements were not obtained in violation of Miranda and physical evidence taken from appellant was properly obtained through the search incident to arrest
2534031 Floyd Ricks v. Commonwealth 01/11/2005
No error in trial court's finding that the affidavit contained sufficient allegations to constitute probable cause for the issuance of the challenged search warrant and that the evidence was sufficient to prove appellant exercised constructive possession of the firearm
2713031 Augustus Mayfield v. Commonwealth 01/11/2005
Trial court did not err in denying appellant’s motion to suppress as the search of a tissue appellant intentionally and voluntarily discarded during a consensual encounter with police and the officer’s recovery of the tissue and its contents was not an unreasonable search or seizure
0342042 Hatari Demon Ross v. Commonwealth 12/28/2004
Trial court did not err in denying appellant's suppression motion as the officer acted within the discretion afforded him under Code Section 19.2-74(A)(1)
0761043 All States Steel Erectors Corp. and Travelers Casualty and Surety Co. v. Terry L. Steele 12/28/2004
No error in commission's finding that claimant is entitled to permanent total benefits as evidence supports the finding that claimant has the required quantifiable functional loss of use to his upper extremities
0861044 Linda G. Headley v. Wendell G. Jewell 12/28/2004
This appeal is dismissed and issues raised on appeal concerning custody and visitation are moot as parties' son is now eighteen years old and no longer a minor
1641034 Amherst County Sheriff's Department, et al. v. Edwin Phillip Martin 12/28/2004
Upon rehearing en banc, award of disability benefits from September 11, 1996 and continuing affirmed
1708041 Richard D. Wilkins v. Georgia-Pacific Corporation 12/28/2004
Summary affirmance - no error in commission's denying appellant's claim for compensation for temporary total disability benefits and for medical benefits as appellant failed to sustain his burden of establishing a reasonable excuse for his failure to give timely notice of his accident to his employer
3226033 David Mark Hales v. Commonwealth 12/28/2004
Trial court did not abuse its discretion in admitting evidence of other crimes at either trial
3258034 Jasper Lee McBride v. Janet A. McBride 12/28/2004
Trial court did not err in valuing and dividing certain marital accounts, in granting wife a portion of husband's pretrial military retirement pay, in failing to classify and value certain marital personal property, and in awarding wife a protective order; trial court abused its discretion in awarding certain separate personal property to wife
0206043 Leon Bryan Presbury, s/k/a Leon B. Presbury, II v. Commonwealth 12/21/2004
Trial court did not err in concluding that it had no discretion in sentencing appellant in firearm offense as the law in effect at the time of offense determines the penalty the trial court must impose
0794043 Virginia Ann Brumfield v. Commonwealth 12/21/2004
Trial court did not err in convicting appellant of petit larceny when appellant was indicted for aiding and abetting third offense larceny as a principal in the second degree, as petit larceny is a lesser-included offense of a violation of Code Section 18.2-104
1208041 Roddy N. Porter v. Brenda J. Martin 12/21/2004
Trial court did not err in retaining jurisdiction to adjudicate equitable distribution as appellant failed to timely object to the entry of the order retaining jurisdiction
1268041 H. R. Ashe and American Eastern, Inc. v. State Water Control Board 12/21/2004
The merits of appellant's claims cannot be reviewed as the record on appeal is insufficient to fairly and accurately determine issues presented
1957041 Sentara Norfolk General Hospital and Royal Indemnity Company v. Doreen Tupper 12/21/2004
Summary affirmance - no error in commission's finding that employer failed to meet its burden of proving that appellee was released to her pre-injury work beginning November 7, 2003
2031031 Rebecca Scarlett Cary v. Commonwealth 12/21/2004
Trial court erred in excluding evidence of the victim's prior threats, and violence toward appellant, and in rejecting appellant's jury instructions on self-defense, right to arm, voluntary manslaughter and heat of passion
0271041 Richard Earl Brock, Jr. v. Commonwealth 12/14/2004
Trial court did not err in finding evidence sufficient to support appellant's conviction for possession of cocaine with intent to distribute
0937043 Apollo Mining Corporation and National Union Fire Insurance Company, etc. v. Dorsey Robert Looney 12/14/2004
No error in commission's award of temporary disability benefits to appellee as credible evidence supports its finding that appellee's injury was casually related to the industrial accident
1079041 Andrea Catherine Williams Key v. James Darren Key, II 12/14/2004
Trial court erred in holding that it had continuing jurisdiction to consider the issue of custody and in awarding father custody as trial court lacked authority based soley on its April 22, 2003 order to exercise continuing jurisdiction over the child custody matter
1336043 Johnnie Keith Foster, Jr. v. Roanoke City Department of Social Services 12/14/2004
Summary affirmance - trial court did not err in finding evidence sufficient to terminate appellant's residual parental rights
1422041 Tulana Forte v. City of Hampton Department of Social Services 12/14/2004
Summary affirmance - argument advanced on appeal was not raised in trial court and is precluded by Rule 5A:18
1878034 Lindsay Elizabeth Wade v. Commonwealth 12/14/2004
Trial court did not err in denying appellant's motion to suppress as appellant was not in custody for purposes of Miranda when she made her pre-arrest statements; appellate review of the certificate of blood alcohol analysis is procedurally barred pursuant to Rule 5A:18
2272031 Michael Anthony Edmond v. Commonwealth 12/14/2004
Issue raised by appellant is moot as the trial court unquestionably did exactly what appellant claims the trial court should have done
2354031 Patrick Ronald Varner v. Commonwealth 12/14/2004
No error in trial court's admitting the certificate of analysis as evidence proved that appellant was arrested for DUI within three hours of the offense
0413044 Sherry P. Smith v. J.C. Penny Co., Inc. and Insurance Company of the State of Pennsylvania 12/07/2004
Commission did not err in denying appellant's claim for benefits as credible evidence supports the commission's determination that appellant's injury did not arise out of the employment
0784043 Gary Lee Melton v. Atlantic Group, Inc. and Liberty Mutual Fire Insurance Company 12/07/2004
No error in commission's determinations that employer's change-in-condition application for termination of benefits complied with the Rules, that claimant failed to market his residual work capacity and that employer's failure to grant claimant's request for vocational rehabilitative services did not relieve claimant from marketing his residual work capacity
0815044 Michael R. Scott v. Elizabeth G. Scott 12/07/2004
No error in trial court's decision to classify condo as wholly marital property and to distribute it evenly between the parties; no abuse of discretion in the trial court's distribution of a tax refund or award of attorney fees to appellee
1231043 Jamie Renee Ferrell Holland v. Jon Andrew Holland 12/07/2004
Summary affirmance - trial court did not abuse its discretion in its spousal support award or in refusing to award appellant her attorney's fees
2929031 Christopher Holmes, s/k/a Christopher Sean Holmes v. Commonwealth 12/07/2004
Trial court did not err in admitting the certificate of analysis as the certificate was filed in the circuit court as required by Code Section 19.2-187
3111031 Anthony Lewis v. Commonwealth 12/07/2004
Trial court did not err in finding evidence sufficient to prove that appellant possessed heroin; trial court did not abuse its discretion in permitting the Commonwealth to pose the challenged hypothetical to its expert witness
0500034 James Edward Bolden v. Commonwealth 11/30/2004
Trial court did not err in finding that sufficient evidence supports appellant's conviction for driving after having been adjudicated an habitual offender
2500034 Hector Cruz Esquibele, a/k/a Hector Enrique-Castro v. Commonwealth 11/30/2004
Trial court did not err by amending appellant's indictment as permitted under Code Section 19.2-231 as the modification did not change the general nature or character of the crime charged
0362044 Darick K. Jones v. Virginia Employment Commission 11/23/2004
Summary affirmance - appellant failed to preserve under Rule 5A:18 any issue raised on appeal
0836044 Sandra Maria Dorough v. Tammy Dorough, f/k/a Thomas Dorough 11/23/2004
No error in trial court's decision to reduce child support payments, as trial court found the appellee was neither voluntarily unemployed nor underemployed
1073034 Sidney H. Storozum v. Monica J. Chernin 11/23/2004
Trial court erred in finding appellant guilty of criminal contempt and in imposing attorney's fees as a sanction; no error in trial court's arrearage award or refusal to require appellant to pay pro-rata share of medical expenses
0353044 Ikhamayyes Jariri v. Division of Child Support Enforcement, etc. 11/16/2004
Trial court did not err in setting amount of child support; issue of whether trial court lacked jurisdiction to consider the merits of case under the principle of comity barred by Rule 5A:18
0916043 Todd Barton Gruettner v. Marna Dedon Gruettner 11/16/2004
Trial court did not err in granting a divorce on the basis of husband's desertion or regarding spousal support and attorney's fees awards
0999042 Helena L. Wood v. Henrico Department of Social Services 11/16/2004
No error in trial court's finding that evidence supports termination of appellant's residual parental rights
1159044 Eric Hunk Wing Yip v. Janet Yip 11/16/2004
Summary affirmance - as appellant's opening brief does not meet the requirements of Rule 5A:20, Court finds appellant's questions presented do not warrant appellate consideration
1272041 Frank H. Gilliland v. Sherry L. Gilliland 11/16/2004
Summary affirmance - no error in trial court's decision concerning equitable distribution award or in award of attorney's fees to appellee related to appellant's motion for reconsideration
1349042 Commonwealth v. Traeon Lavaugh Hill 11/16/2004
Trial court erred in granting appellee's motion to suppress as evidence was obtained pursuant to a valid search within an area subject to appellee's immediate control
1670031 Jason Michael Jones v. Commonwealth 11/16/2004
Trial court did not err in finding evidence sufficient to prove conviction of felony child neglect
1706034 Jodie Michelle Acheson v. Commonwealth 11/16/2004
Trial court did not err in admitting certificate of analysis from appellant's blood alcohol test and in finding evidence sufficient to convict appellant of driving under the influence
2152034 Jose Alberto Navarette-Ramos v. Commonwealth 11/16/2004
Appellant's conviction of recruiting a juvenile to partipate in or become a member of a criminal street gang affirmed under Rule 5A:18 where issue raised on appeal was not raised in trial court
2582034 Manu Kapoor v. Commonwealth 11/16/2004
Trial court did not err by admitting evidence of an uncounseled misdemeanor conviction
3074031 Theodore Lee Everett v. Commonwealth 11/16/2004
Trial court did not err in quashing appellant's subpoena duces tecum as documents not discoverable and in finding search was proper
0015041 C. Ray Davenport, Commissioner, Virginia Labor and Industry v. G.D.C., Inc. 11/09/2004
Trial court applied an incorrect standard in making its determination; the trial court was required to determine under the Virginia Overhead High Voltage Line Safety Act whether the hazard was "open and obvious" and whether G.D.C., Inc. "knew or should have known of the problem [or practice or condition] on the worksite that resulted in [employee's] death."
0106041 Jessie Lovell Smith v. Commonwealth 11/09/2004
Trial court did not err in denying appellant's motion to withdraw guilty plea; credible evidence supports the trial court's denial of the motion
0392041 Bobby Joe Lee Medlin v. Commonwealth 11/09/2004
Trial court did not err in finding that the evidence was sufficient to prove that appellant used the vehicle in question without authority.
0959043 Har-Lee Coal Company, et al. v. Paul Evans Mullins 11/09/2004
The commission did not err in finding that claimant met his burden of proof as the finding is supported by credible evidence and reasonable inferences drawn from the evidence; employer's due process rights were not violated and commission did not err in denying motion to vacate the review opinion and remand the case for further proceedings; doctrine of imposition does not apply.
1776031 Tyrone Edward Eley v. Commonwealth 11/09/2004
Trial court did not err in admitting the juvenile court petition to prove the age of the minor to whom appellant distributed cocaine; even if the arresting officer's testimony regarding appellant's age was erroneously admitted it was harmless error; other evidence provided sufficient grounds from which the trial court could deduce appellant's age.
1904034 Yaw Amoako Frimpong v. Commonwealth 11/09/2004
Appellant's conviction for first-degree murder is affirmed; because Walshaw v. Commonwealth, 44 Va. App. __, 2004 Va. App. LEXIS 483, at * 13 (2004), governs this case, appellant's challenge to the statutory short-form indictment is rejected.
1992031 Warren D. Harrison v. Commonwealth 11/09/2004
Trial court did not err in ordering that the sentences run consecutively when the jury requested that they run concurrently; outcome of case deterimined by statutory mandate of Code Section 19.2-308.
2329031 Randy Leon Canady v. Commonwealth 11/09/2004
No error in imposition of sentence on a probation violation; the original sentence did not exceed the limits proscribed by law.
2665031 Augusta Lee Woodruff v. Commonwealth 11/09/2004
Trial court did not err in denying appellant's motion to strike; evidence was sufficient to support appellant's conviction of embezzlement.
0155044 Robert Thomas Garrett v. Donna Jean Garrett 11/02/2004
No error in trial court's finding various promissory notes unenforceable and in refusing to classify the debts represented by those notes as appellant's separate property
1001041 Charles Nathaniel Brown v. Ophelia Keeling Brown 11/02/2004
Summary affirmance - no error in trial court's award in spousal support and attorney's fees to appellee
1277042 Randy Vernard Anderson v. Felicia Ann Anderson 11/02/2004
Summary affirmance - trial court did not err in allowing use of depositions, in equitable deistribution of parties' property, and refusing to allow appellant to provide rebuttal evidence
2236031 Johnny Norfleet Montague v. Commonwealth of Virginia 11/02/2004
No error in trial court's finding that evidence was sufficient to prove appellant committed forcible sodomy through the use of force, threat or intimidation
2417033 Carl Lamont Elder, IV v. Commonwealth of Virginia 11/02/2004
Trial court did not err in denying appellant's motion to suppress evidence as Court finds evidence was obtained pursuant to a proper custodial arrest
0209044 Connie McGuire v. Frederick County Department of Social Services 10/26/2004
Evidence was sufficient to support trial court's finding that termination of appellant's parental rights to her two minor children was in their best interests and that not reasonably likely that conditions resulting in the abuse and neglect could be substantially eliminated within a reasonable period of time
0436031 April Noelle Lawrence Bahen v. City of Hampton 10/26/2004
Trial court erred in excluding appellant's proffered evidence that speed limit at location where she was stopped and charged with speeding had not been lawfully established
1230041 Newport News Department of Social Services v. Thomas Cooper 10/26/2004
Summary affirmance - Trial court did not err in granting appellee's motion to strike and in dismissing the petitions to terminate his parental rights to his four children
1261042 Ondeo Degremont, Inc., et al. v. Daniel S. Roman 10/26/2004
Summary affirmance - No error in commission's determination that appellant sustained his burden of proving a compensable occupational disease, Mixed Connective Tissue Disorder, arose out of and in course of his employment
2285034 John S. v. Department of Social Services 10/26/2004
No error in trial court's affirmance of administrative finding by appellee that appellant mentally abused his minor son
2607031 Abdul K. Lee v. Commonwealth 10/26/2004
No error in trial court's denial of motion to suppress statements appellant made to the police
0413031 Roy L. Booth, Jr., s/k/a, etc. v. Commonwealth 10/19/2004
Trial court did not err in finding that probative value of admission of related murder conviction evidence outweighed potential prejudical effect
1593043 Rita Ellen Young v. Dickenson (County of) School Board, et al. 10/19/2004
Summary affirmance - No error in commission's decision that appellant failed to prove her right knee injury arose out of her employment
0098042 Beth Faber Ledwith v. James Joseph Ledwith 10/12/2004
Trial court erred in its calculation of the value of appellant's practice for purposes of equitable distribution; matter remanded to trial court for further proceedings
0154042 James Jospeh Ledwith v. Beth Faber Ledwith 10/12/2004
Trial court erred in its calculation of value of appellee's practice for purposes of equitable distribution and erred in failing to make a reservation of appellant's right to request spousal support; matter remanded to trial court for further proceedings
0256043 Shahnaz M. Ahmed v. Syed M. Ahmed 10/12/2004
No error in trial court's finding that certain assets were appellee's separate property and were not to be divided according to written separation agreement
0269043 Syed M. Ahmed v. Shahnaz A. Ahmed 10/12/2004
No error in trial court's finding that appellant failed to establish that parties' separation agreement was unconscionable, in determining effect of reconciliation under agreement or in determining appellee's interest in appellant's practice or former marital residence
0416043 Dept. of Social Services for County of Campbell v. Jerome Woodruff & Rebecca Woodruff 10/12/2004
Court finds that trial court applied an incorrect standard in its review of whether to terminate appellees' parental rights; matter remanded for further proceedings
0432042 Steven E. Hall v. Deborah D. Hall 10/12/2004
Trial court's dismissal of appeal from juvenile court of an order finding appellant in contempt and establishing an arrearage amount affirmed where appellant failed to post an appeal bond including arrearage amount
2230031 Sammy Bernard Tate v. Commonwealth 10/12/2004
Judgment of trial court affirmed where record does not establish that appellant was denied his right to a speedy trial
2548033 Stephen Lamont Spinner v. Commonwealth 10/12/2004
No error in trial court's denial of motion to suppress or in finding evidence sufficient to support convictions of obstructing justice, possessing an imitation controlled substance with intent to distribute and possession of firearm by felon
2638032 Debora Santia Davis v. Commonwealth 10/12/2004
Judgment of trial court affirmed where evidence supported appellant's convictions of disorderly conduct and assault
3268034 Sarah A. Leake v. Donald M. Leake 10/12/2004
No error in trial court's decision that appellant pay one-half of the guardian ad litem fee or in denying her request for an award of attorney's fees
3288033 Susan P. Gauldin v. Wise Hundley Electric Company, Inc., et al . 10/12/2004
No error in commission's finding that appellees proved by a preponderance of the evidence that appellant was released to perform her pre-injury employment
0328042 Petersburg (City of) Fire & Rescue, et al. v. Barry Wayne Wells 10/05/2004
Award of commission affirmed where credible evidence supported findings that appellee had post-traumatic stress syndrome, that it was a disease as opposed to an injury by accident and that it was caused by him employment
0504042 Larry E. Lloyd v. Meredith M. Lloyd 10/05/2004
Judgment of trial court affirmed where evidence supported reduction, not termination, of spousal support
0741043 Christopher Shawn Harris v. Campbell County Department of Social Services 10/05/2004
Summary affirmance - Evidence supported termination of appellant's parental rights to his children
1017044 Eugenio Hernandez v. Dana Lynn Pao 10/05/2004
Summary affirmance - Appellant failed to preserve under Rule 5A:18 any issue for appeal
1018044 Eugenio Hernandez v. Dana Lynn Pao 10/05/2004
Summary affirmance - This Court cannot address issue of whether trial court erred in dismissing as moot appeal of order which granted appellant's counsel's motion to withdraw where appellant did not preserve any issue with regard to support and visitation order
1112033 Robert Shawn Stump v. Commonwealth 10/05/2004
Judgment of trial court affirmed where evidence supported jury's verdict of malicious wounding, limitation of cross-examination of nature of victim's prior convictions was harmless and no probability that had additional impeachment evidence been disclosed, it would have changed jury's verdict
1462034 Luis A. Campos, s/k/a Luis Antonio Campos v. Commonwealth 10/05/2004
Judgment of trial court affirmed where Court finds appellant's issue of whether he could be convicted of attempted grand larceny of vehicle and grand larceny of contents of vehicle under single larceny doctrine barred by Rule 5A:18
1478043 Brandy Wimmer v. Roanoke City Department of Social Services 10/05/2004
Judgment of trial court affirmed where preponderance of evidence supported finding that changing goal of foster care plan from return to parent to adoption was in best interest of children
1665032 George Rendell Walker v. Commonwealth 10/05/2004
Judgment of trial court convicting appellant of two counts of possession of cocaine and marijuana with intent affirmed where evidence proved appellant was aware of presence and character of the drugs and consciously possessed them
1929032 Randall McBrayer v. Commonwealth 10/05/2004
Judgment of trial court affirmed where evidence supported conviction of nonviolent escape from custody, a lesser-included offense of charge of escape by force or violence
2176032 Kelli Renee Edmonds v. Commonwealth 10/05/2004
Judgment of trial court affirmed where evidence sufficient to permit trial court to conclude that appellant acted as a principal in the second degree by aiding and abetting the sale of cocaine and marijuana from her residence
2197032 Daniel N. Leneave v. Commonwealth 10/05/2004
Judgment of trial court denying motion to withdraw guilty pleas affirmed where evidence supported finding that there was no honest mistake of material fact to support withdrawal of pleas
2485034 Booker T. Wider, Jr. v. Commonwealth 10/05/2004
Judgment of trial court affirmed where record fails to present affidavits appellant contends did not provide magistrate with probable cause to issue search warrant for his business
2547032 Robert Chinn, s/k/a Robert D. Chinn v. Commonwealth 10/05/2004
No error in trial court's denial of motion in limine asking to prevent disclosure of fact that appellant was uncle of victim
3063034 Lisa Hogue v. Alexandria Department of Social Services 10/05/2004
Judgment of trial court affirmed where evidence supported termination of appellant's parental rights to her children
0122042 Petri Madeline Vanderveer v. Robert Allen Vanderveer 09/28/2004
No error in trial court transferring primary custody of child from mother to father based on finding that it was in child's best interest
0651033 Ricky L. Pruitt, Sr., a/k/a, etc. v. Commonwealth 09/28/2004
Trial court did not err in excluding testimony regarding admissions made by appellant's son on ground of hearsay or in convicting appellant of two counts of causing his minor son to assist him in distributing marijuana
0733042 Robert C. Jones, Sr. v. Mittie Jones Jones 09/28/2004
Summary affirmance - No error in final decree awarding appellee a divorce
0860033 David George Wheeler v. Commonwealth 09/28/2004
Evidence was sufficient to support conviction of petit larceny where evidence proved appellant knew he did not have enough money or a valid credit card to pay tab at bar
0938044 My Thi Nguyen v. Fairfax County Department of Family Services 09/28/2004
Summary affirmance - Trial court did not err in terminating appellant's parental rights to her two sons
1071042 Michael P. Martin v. Eileen M. Martin 09/28/2004
No error in trial court's denial of motion to modify spousal support based on its finding that there was no material change in circumstances to justify modification
1226044 Nakiah M. Watson v. Didlake, Inc. and Travelers Property Casualty Company of America 09/28/2004
Summary affirmance - No error in commission's finding that appellant failed to prove she sustained an injury by accident arising out of and in course of her employment
1340034 Peter J. Tedford v. Leanne Dean-Bryant 09/28/2004
Trial court exceeded its jurisdiction in sua sponte modifying amount of child support; trial court did not err in awarding attorney's fees to appellee, in declining to hold appellee in contempt or in assessing costs for part of guardian ad litem fees against appellant
1987033 James Randolph Newsome, Jr. v. Commonwealth 09/28/2004
Trial court did not err in denying motion to suppress based on ground that evidence, which was obtained pursuant to a search warrant, was preceded and tainted by a protective sweep of residence
2090034 Timothy Jay Neatrour v. Commonwealth 09/28/2004
Trial court did not err in finding results of preliminary breath test admissible to determine probable cause or in finding evidence sufficient to support conviction of driving under the influence, third or subsequent offense; motion to suppress properly denied
2166032 Maarig Howard v. Commonwealth 09/28/2004
No error in conviction of grand larceny where evidence was sufficient to support conviction and trial court did not err in excluding evidence that a defense witness had filed a complaint against the lead investigator
0073041 S. V. R. v. Hampton Department of Social Services 09/21/2004
Summary affirmance - No error in trial court's finding that appellant's infant son was abused or neglected or at risk of being abused or neglected
0495044 Lloyd T. Hoppe, Sr. and Patricia L. Hoppe v. Eric A. Scholz 09/21/2004
Summary affirmance - No error in ruling of trial court requiring appellants to pay $5,000 of appellee's attorney's fees
0974043 Lisa C. Hammons, Administratrix, etc. v. Pilgrams Pride Corporation, et al. 09/21/2004
Summary affirmance - No error in commission's denial of claim for an award of medical and death benefits
0145031 Thomas Ralph Riffle, Jr. v. Commonwealth 09/14/2004
No error in trial court's refusal to set aside the verdict where appellant alleged witness gave opinion testimony on the credibility of the child victim
0654044 Lillian Doreen Ousji v. Residence Inn, et al. 09/14/2004
Summary affirmance - No error in termination of appellant's open award on grounds that she unjustifiably refused selective employment and unjustifiably refused medical treatment
0842034 Charles Franklin Harland v. Commonwealth 09/14/2004
No error in trial court's refusal to suppress appellant's statements or in finding evidence sufficient to support convictions of two counts of aggravated sexual battery and one count of forcible sodomy
0875043 Courtney M. Davis v. Lynchburg Department of Social Services 09/14/2004
Summary affirmance - No error in termination of appellant's parental rights where evidence satisfied statutory requirements and proved termination was in child's best interest
1172044 Dollar General Corporation #0879, etc. v. Teresa Hartley 09/14/2004
Summary affirmance - No error in commission's denial of appellant's application to terminate award of disability benefits where it found appellee's termination was not for justified cause and was not tantamount to unjustified refusal of selective employment
1714034 James B. Lamberton, et al. v. Peter W. Lamberton 09/14/2004
Order dismissing petition filed pursuant to Uniform Transfers to Minors Act and awarding sanctions against one of the appellants affirmed
2357034 Nhi Al Tran v. Commonwealth 09/14/2004
Trial court did not err in ruling that witness did not waive his Fifth Amendment privilege against self-incrimination and was unavailable as a witness or in excluding as hearsay typewritten letter prepared by appellant and signed by witness
2683033 Felix Cobbs, III v. Commonwealth 09/14/2004
Trial court did not err in admitting evidence of appellant's prior failure to appear for trial, admitting evidence of unrelated incidents of flight or in admitting statements made by appellant on those occasions
3043034 Robert Dale Burroughs v. Frederick (County of ) School Board, et al. 09/14/2004
No error in commission's decision that doctrine of imposition did not apply to permit late filing of appellant's claim
3173034 Anthony A. Morris v. Jacqueline E. Morris 09/14/2004
Trial court erred in equally distributing proceeds of sale of the former marital residence without conducting an evidentiary hearing
0088044 Don Pablos Mexican Kitchen, et al. v. Raymond E. Nice, II 09/07/2004
No error in commission's decision that claimant suffered compensable post-traumatic stress disorder and Meniere's Syndrome from work incident
0108044 Raymond E. Nice, II v. Don Pablos Mexican Kitchen, et al. 09/07/2004
No error in commission's findings that appellant's fibromyalgia was not causally related to work incident, that injuries from incident did not aggravate pre-existing back condition and that evidence did not prove claimant suffered a brain injury as direct result of work incident
0251044 Linda Ann Jenkins White v. Joseph Carter White 09/07/2004
Summary affirmance - Issues of whether there was error in clerk's refusal to file a late pleading and trial court's refusal to admit certain evidence during hearing on motion to reconsider barred by Rule 5A:18; trial court did not err in denying motion to reconsider
0375041 Sherrell Corprew v. Norfolk Social Services 09/07/2004
Summary affirmance - Evidence was sufficient to support termination of parental rights to child
0469032 Michael Lee Townsend, Sr. v. Commonwealth 09/07/2004
No reversible error in trial court's refusal to strike a prospective juror for cause and in admitting evidence of prior bad acts committed by appellant three and four years earlier
0830043 Kathi Ann Conahan-Baltzelle v. Garrett Neil Baltzelle 09/07/2004
Summary affirmance - Trial court did not err in refusing to award appellant a divorce on ground of adultery, in awarding appellee the family dog and certain personal property or in denying her motion for attorney's fees
1025031 Joshua Lucas Perkins v. Commonwealth 09/07/2004
Evidence proved beyond a reasonable doubt that appellant was guilty of attempted statutory burglary
1260044 Charles Francis Carter v. County of Arlington Fire Department, et al. 09/07/2004
Summary affirmance - No error in commission's denial of request for new panel of physicians based on finding that panel offered by employer was not defective
2003034 Mark Merritt, Sr. and Jayne Merritt v. Sandra-Joy Gray 09/07/2004
No error in trial court's finding that appellants failed to prove a material change in circumstances sufficient to warrant modification of 1995 consent order allowing grandmother specified visitation
0812042 Timothy W. Clarkson v. Barbara A. Clarkson 08/31/2004
Summary affirmance - No error in trial court's award of spousal support to appellee
2087034 Nicholas P. Mihnovets v. Sharon Arnold Mihnovets 08/31/2004
No error in trial court decisions pertaining to finding of spousal support arrearages due to appellee, finding appellant in contempt or award of attorney's fees to appellee
2234034 Michael Ray Ashley v. CW 08/31/2004
No error in trial court's denial of motion to suppress as the police officer had reasonable suspicion that appellant was evading roadblock
0819034 Zachary Myron Cooper v. Commonwealth 08/24/2004
Trial court did not abuse its discretion in allowing spectators to wear badges displaying photographs of victims in the courtroom
2494034 Stephen J. Hollis v. Neftal Ann Hollis Burnell 08/24/2004
No error in trial court's finding of contempt of court for appellant's failure to abide by court's final decree regarding payment of military retirement benefits to appellee
2863024 Kinglsey Lynn Enevoldsen, Jr., s/k/a, etc. v. Commonwealth 08/24/2004
Evidence supported conviction of receiving stolen goods; matter remanded to trial court to correct clerical error in final order
3031032 Kathy H. Catlett v. Larry D. Catlett 08/24/2004
No abuse of trial court discretion in those parts of final divorce decree appealed from in this case
3057032 Larry D. Catlett v. Kathy H. Catlett 08/24/2004
No abuse of trial court discretion in parts of final divorce decree appealed from in this case
0339041 William A. Carr v. James City County Division of Social Services 08/17/2004
Trial court had sufficient evidence before it to conclude that appellant was unwilling or unable within a reasonable to remedy his problems with mental health, substance abuse and domestic violence and properly terminated his parental rights to his children
0351042 Robert John Ziolkowski v. Elizabeth Ann Kilburn Ziolkowski 08/17/2004
Summary affirmance - No error in trial court's finding that appellee rebutted marital presumption and traced proceeds back to her separate property in classifying jointly titled property
0499041 Lisa E. Carr v. James City County Divison of Social Services 08/17/2004
No error in termination of parental rights to children where evidence proved appellant failed to substantially remedy conditions that led to placement of children in foster care
1086041 Aysel Jafarace v. Ardogal Jafarace 08/17/2004
Summary affirmance - No error in entry of QDRO which was consistent with the property settlement agreement incorporated into final decree
1094034 Sean Patrick Hawes v. Commonwealth 08/17/2004
Trial court did not err in admitting a National Criminal Information Center report of appellant's convictions under public records exception to hearsay rule to prove petit larceny, third or subsequent offense
2351034 George C. Pappas v. Catherine E. Pappas 08/17/2004
No error in trial court's modification of spousal support award by considering parties' property settlement agreement and negotiations in that agreement, in imputing income to appellant, in making modified spousal support award retroactive or in concluding it was barred from modifying duration of spousal support award
2476033 Neil A. Vacchiano v. Karen M. Speier, f/k/a Karen M. Vacchiano 08/17/2004
No error in trial court's rulings on equitable distribution, temporary spousal support or duration of permanent spousal support; trial court did err in denying appellee's request for a reservation of right to seek future spousal support
2861034 Mark N. Denisar v. Barrett Hauling and Virginia Employment Commission 08/17/2004
No error in trial court's decision affirming VEC decision that appellant was discharged for misconduct in connection with his work and was disqualified for unemployment benefits
0033034 Miguel Velasquez v. Ray Goodwin, Acting Commissioner, Dept. of Social Services 08/10/2004
Decision of trial court reversed which affirmed Department's administrative decision that appellant physically abused his child
0386042 Don Lane Company/Lay Oak Company, Inc., et al. v. Kenneth W. Dean 08/10/2004
Summary affirmance - No error in commission's decision awarding benefits to appellee
0491042 Jermey Jon Curlings v. Heavy Fleet Products, Inc., et al. 08/10/2004
Summary affirmance - No error in commission's decision finding employer not responsible for treatment for closed head injury
0587032 Beverly Bush Kinglsey v. Commonwealth 08/10/2004
Convictions of two counts of embezzlement affirmed where issues regarding improper comments during closing argument and merger of counts are procedurally barred; evidence supported convictions
0639044 Carlos Andres Arias v. United Masonry of Virginia, Inc., et al. 08/10/2004
No error in commission's decision denying appellant's change-in-condition application seeking an award of temporary total disability benefits
0823043 Family Care Home Health, Inc., et al. v. Susan C. Nye 08/10/2004
Summary affirmance - No error in award of benefits to appellee
2282032 Yvonne E. Tate v. United Parcel Service, et al. 08/10/2004
No error in commission's decision refusing to correct its prior opinion and in failing to combine average weekly wages from appellant's two jobs
2770034 Diane M. Davis v. John E. Davis 08/10/2004
No error in trial court's decision determining the amount of child support in accordance with the statutory guidelines and in awarding atty's fees to appellee for appellant's breach of agreement
0617034 Wesley Elton Bailey v. Commonwealth 08/03/2004
No error in trial court's refusal to suppress evidence obtained by police incident to the arrest of driver of truck in which appellant was passenger
0679044 Frances Sheehan Narkiewicz v. Fairfax County School Board 08/03/2004
Summary affirmance - Appellant failed to prove that aggravation of her pre-existing injury was causally related to injury by accident
0694044 Fairfax County School Board v. Frances Sheehan Narkiewicz 08/03/2004
Summary affirmance - No error in commission's finding that claimant's psychiatric condition was causally related to injury by accident
0715042 Richmond Paperboard Company, et al. v. Edward J. Bailey 08/03/2004
Summary affirmance - No error in commission's decision holding employer responsible for medical treatment of claimant's seizures
1495034 Starling E. Lawson v. Commonwealth 08/03/2004
Rule 5A:18 bars consideration of issue on appeal of whether trial court abused its discretion in failing to admit certain proffered testimony
1760034 William L. Wing v. Commonwealth 08/03/2004
Trial court did not err in admitting certificate of blood alcohol analysis and evidence was sufficient to support conviction of driving under the influence
1764034 Mary Kate Johnson, s/k/a, etc. v. Commonwealth 08/03/2004
Evidence was sufficient to support conviction of grand larceny by false pretenses
1917031 Linwood Bernard Sawyer, Jr. v. Commonwealth 08/03/2004
Evidence was sufficient to prove appellant possessed cocaine at issue
0350044 Paula Bruce Montgomery v. Jeffrey Eugene King, Commonwealth, Dept. of Soc. Servs. 07/27/2004
Summary affirmance - Issues raised on appeal barred by Rule 5A:18
0583041 Commonwealth v. Brandon Washington 07/27/2004
Error in trial court's decision suppressing evidence obtained in search of appellant's vehicle
0666041 Robert C. Tindall v. Lynne L. Tindall 07/27/2004
Summary affirmance - No error in trial court's finding that appellant did not prove change in circumstances and denial of motion to reduce spousal support
0750043 Cave Hill Corporation, et al. v. Randall R. Conley 07/27/2004
Summary affirmance - No error in commission's finding that appellee proved his post-traumatic stress disorder constituted a compensable psychological injury
0767041 Commonwealth v. Christopher Wallace Johnson 07/27/2004
No error in trial court's ruling suppressing evidence as appellant did not freely and voluntarily consent to search
2028032 Michale John Brown v. Commonwealth 07/27/2004
Trial court erred in convicting appellant of driving under the influence and reckless driving arising out of same act of driving
3156032 Barbara H. Campbell v. Food Lion LLC, #835 and Risk Management Services, Inc. 07/27/2004
No error in commission decision denying claim for benefits as appellant did not prove injury arose out of and in course of employment
0026044 Jamie Foster v. Fairfax County Department of Family Services 07/20/2004
Summary affirmance - Evidence supported termination of appellant's parental rights
0141041 Philip G. True v. Kathryn G. True 07/20/2004
Summary affirmance - No error in trial court's denial of motion to refer parties' divorce case back to commissioner for second hearing because appellant did not have legal representation at first hearing
0273032 Alexander Almond, Jr. v. Commonwealth 07/20/2004
As trial court erred in improperly limiting cross-examination of victim, convictions reversed and case remanded to trial court.
0616031 Atif Charles v. Commonwealth 07/20/2004
As appellant did not prove ends of justice exception to Rule 5A:18, trial court finding that appellant not entitled to credit towards sentence for time spent in detention center program affirmed.
0746041 Mary Elizabeth Mitchell v. Howmet Corporation and Bankers Standard Ins. Co. 07/20/2004
Summary affirmance - No error in commission's finding that appellant failed to prove an injury by accident arising out of and in course of her employment
0776032 Matthew Normand Ouellette v. Commonwealth 07/20/2004
No error in denial of motion to suppress as appellant consented to search during consensual encounter
2079032 Ray Charles Jones v. Commonwealth 07/20/2004
Trial court did not err in denying motion to suppress and finding that police did not violate appellant's Fourth Amendment rights
2701032 Pierre Michel Silencieux v. Commonwealth 07/20/2004
Convictions of possession of cocaine and possession of cocaine with intent to distribute reversed where evidence did not prove possession
2979033 Mullican Flooring and Bituminous Fire & Marine Ins. Co. v. David Phillip Parsons 07/20/2004
No error in commission's findings that appellee was entitled to change treating physicians and that appellee did not unjustifiably refuse medical treatment
0007033 Richard Craig Young v. Commonwealth 07/13/2004
Conviction of statutory burglary affirmed under Rule 5A:18 where appellant did not argue at trial that evidence was insufficient to prove entry into garage in nighttime
0174044 Robert L. Nolting, Jr. v. Holly L. Nolting 07/13/2004
Summary affirmance - No error in trial court's imposition of sanctions on appellant
0358034 John D. Creekmore v. Commonwealth 07/13/2004
No reversible error found in trial court's decision to admit evidence of appellant's prior drug sales to convicted felon assisting in drug investigation
0502042 American Airlines, Inc., et al. v. Teresa A. Vandendolder 07/13/2004
Summary affirmance - No error in commission's denial of employer's application based on finding that employer failed to prove appellee was able to perform duties of pre-injury employment
0513044 Terrence Antonio Holt v. Fairfax County Sheriff's Dept. 07/13/2004
Summary affirmance - No error in finding that appellant failed to prove hip replacement surgery causally related to compensable injury
0539043 Gregory A. Wimbush v. Zenith Logistics and Fire & Casualty Ins. Co. of Connecticut 07/13/2004
Summary affirmance - No error in finding that commission lacked jurisdiction to hear appeal as request for review sent certified mail to incorrect address not timely filed
0981031 Terry Tyrone Moore v. Commonwealth 07/13/2004
No reversible error in trial court's limitation on appellant's cross- examination of witness about potential bias stemming from federal plea agreement
1270031 Fontaine Lamont Sheppard v. Commonwealth 07/13/2004
Trial court erred in admitting certificate of analysis filed in violation of Code Section 19.2-187
1351034 Francis M. Gonzales, s/k/a, etc. v. Commonwealth 07/13/2004
Trial court erred in admitting evidence of similar crimes to show intent during commission of rape and forcible sodomy as intent not element of crime charged
1494033 Russell Edward Millner v. Dianna Perkins Millner 07/13/2004
As trial court erred in interpretation of antenuptial agreement, issue of equitable distribution reversed; trial court's classification of items and failure to reserve spousal support affirmed
1535033 Dianna Perkins Millner v. Russell Edward Millner 07/13/2004
As trial court erred in interpretation of antenuptial agreement, issue of equitable distribution reversed; trial court's classification of items and failure to reserve spousal support affirmed
1641034 Amherst County Sheriff's Dept., et al. v. Edwin Phillip Martin 07/13/2004
Rehearing En Banc granted
1650032 Richmond Dept. of Social Services v. Victoria Enriquez 07/13/2004
No error in trial court's refusal to terminate appellee's parental rights and in refusal to adopt foster care plan with goal of adoption
1692034 James H. Stallings, Jr. v. Commonwealth 07/13/2004
Violation of peace bond and forfeiture of bond penalty affirmed where no transcript or statement of facts filed and Court cannot determine whether evidence supported violation of terms; Rule 5A:18 precludes argument on whether trial court used incorrect evidentiary standard
2460022 Ernestine Anderson, s/k/a, etc. v. Commonwealth 07/13/2004
On rehearing en banc, judgment of trial court is affirmed for reasons set forth in panel dissenting opinion
2844031 Lafayette Finney v. David F. Mason and Virginia Farm Bureau Fire & Casualty Ins. Co. 07/13/2004
In absence of specific finding that appellant willfully disobeyed stop sign, commission erred in denying benefits
2907033 Arthur Leslie Porter v. Flossie Louise Maples Porter 07/13/2004
Summary affirmance - record supports trial court's finding that appellee was entitled to spousal support
0690031 Christopher Michael Hardin v. Commonwealth of Virginia 07/06/2004
Court finds that as officers did not have probable cause to arrest appellant, trial court erred in denying motion to suppress
0995033 Harless Fitzgerald Rose v. Commonwealth of Virginia 07/06/2004
No error in trial court's decision to allow the Commonwealth to adduce the evidence of a prior robbery committed by appellant
1169031 Shannan C. Robinson v. Commonwealth of Virginia 07/06/2004
Evidence was sufficient to prove conviction of abduction for pecuniary benefit and that element of force and intimidation was present
1279034 Michael Jose Reese v. Commonwealth of Virginia 07/06/2004
No error in trial court's instruction to jury on use of a firearm in commission of malicious wounding when underlying felony charged was unlawful wounding and refusal to instruct jury that mandatory sentences on firearm convictions must run consecutively to other sentences
1310032 William Arnold Robb, Jr. v. Commonwealth of Virginia 07/06/2004
Evidence was sufficient for trial court to conclude that appellant had actual notice that he had been declared an habitual offender and could not lawfully drive
2237031 Richard Eugene Matthews v. Karyl Deanne Rauch Matthews 07/06/2004
Trial court did not err in its classification or distribution of proceeds obtained from settlement with manufacturer of recreational vehicle purchased during marriage
2269032 Kevin Lee May v. Commonwealth of Virginia 07/06/2004
Evidence was sufficient, as a matter of law, to establish that appellant intended to injure the victims and supported his convictions of assault & battery and assault & battery of a police officer
2625031 John Robert Driskill v. Alice Jean Patton Driskill 07/06/2004
No error in trial court's finding that wife was not underemployed and award of spousal support to wife
3247034 Isidoro Rodriguez-Hazbun v. Amalin Hazbun Escaf 07/06/2004
Summary affirmance - no error in trial court's finding that order appealed from juvenile court was not a final order and that it lacked jurisdiction to entertain appeal
0059044 Michael L. Washington v. Stacey Hagens 06/29/2004
Issue raised is barred by Rule 5A:18.
0524033 Kevin Maurice Thomas v. Commonwealth of Virginia 06/29/2004
Appellant lacked an expectation of privacy at the time and place of the search, no error in the denial to suppress evidence seized.
1702031 Saleem Malak Pettey, s/k/a Saleem Malik Pettey v. Commonwealth of Virginia 06/29/2004
Evidence insufficient to prove appellant broke into the premises, convictions reversed.
1730031 William Earl Jones v. Commonwealth of Virginia 06/29/2004
Evidence sufficient to support convictions for attempted robbery and use of a firearm.
1732032 Michael Howard Travis Ramsey v. Commonwealth of Virginia 06/29/2004
Issue raised is barred by Rule 5A:18.
1770032 John Henry Lewis v. Commonwealth of Virginia 06/29/2004
No error in the refusal of the proffered jury instruction.
2367034 Susan Elaine Manola v. Fairfax County School Board 06/29/2004
Summarily affirm: No reversible error in finding that claimant failed to prove the medical treatment received was reasonable and necessary.
2400031 Danette K. Lopez v. Robert N. Lopez 06/29/2004
For the purposes of determining spousal support the trial court erred in considering wife's inheritance as income. Remand for reconsideration of spousal support award.
3191031 Perdue Farms, Inc. v. Robert S. Thomas 06/29/2004
Credible evidence supports claimant's bilateral carpal tunnel syndrome was causally related to his compensable injury.
0378043 Dan River, Inc. v. Calvin K. Alderson 06/22/2004
Summarily affirm: No reversible error, employer responsible for certain medical expenses incurred by claimant.
0441044 Darryl Allmond v. Homeplace and Royal Insurance Company of America 06/22/2004
Summarily affirm: No reversible error in the denial of benefits claim.
0483044 Jose L. Lopez v. Jose Lopez and Travelers Insurance Company 06/22/2004
Summarily affirm: No reversible error in the denial of benefits claim.
0505041 Newport News Shipbuilding and Dry Dock Company v. James J. Preston 06/22/2004
Summarily affirm: No reversible error in awarding temporary total disability benefits, temporary partial disability benefits, and medical benefits to claimant.
1556032 Ryland Thomas Muse v. Commonwealth of Virginia 06/22/2004
Evidence presented was sufficient to support conviction for possession of cocaine with intent to distribute.
2583032 Steven Lee Jordan v. Gemma C.S. Jordan 06/22/2004
No error; the trial court considered the appropriate criteria.
2616032 Gemma C.S. Jordan v. Steven Lee Jordan 06/22/2004
No error; the trial court considered the appropriate criteria.
2893032 Holly James-Dietrich v. Charles P. Dietrich, Jr. 06/22/2004
The trial court did not err in refusing to enter wife's proffered Qualified Domestic Relations Order.
0076041 Commonwealth of Virginia v. Kenneth Maurice Bryant 06/15/2004
Reversing the judgment of the trial court, the stop for the purpose of obtaining information was reasonable.
0235043 El Paso Coal Corporation/Coastal Coal Company, LLC, et al v. Donald L. Clark, Sr. 06/15/2004
Summarily affirm: No reversible error in awarding benefits to claimant for coal worker's pneumoconiosis.
0324041 Commonwealth of Virginia v. Yonas Ermias 06/15/2004
The police officer had reasonable suspicion to search the vehicle; trial court’s decision reversed and case remanded for further proceedings.
1629032 Michael Leon Brooks, Jr. v. Commonwealth of Virginia 06/15/2004
The record supports the trial court's decision that appellee did not suppress evidence.
1686032 Joann Marie Crews Walker v. Commonwealth of Virginia 06/15/2004
The trial court did not err in refusing to give the proffered jury instruction.
2092031 Lucy Davis Hansen, n/k/a Lucy Rockwood v. Eugene William Hansen 06/15/2004
No error in the denial of appellant's motion to declare default.
0155031 Dave A. Thomas v. Commonwealth of Virginia 06/08/2004
No error appellant's constitutional right to a speedy trial was not violated.
1736032 Charles Rudolph Johnson, Jr. v. Carolyn Ingram Johnson 06/08/2004
The trail court determined that husband did not meet his burden of proof and accordingly denied his motion to abate spousal support.
1844032 Howell Watkins Trent, s/k/a Howell Watkins Trent, Jr. v. Commonwealth of Virginia 06/08/2004
The evidence was sufficient to sustain appellant's conviction for assault and battery.
1885032 Chris Charles Deecheandia, s/k/a Christopher De echendia v. Commonwealth of Virginia 06/08/2004
The evidence supported the trial court's inference that appellant believed he was corresponding via the internet, and thus attempting to expose himself to, a child.
1945032 Collin Winfield Shaffer v. Martha Anne Lawton Shaffer 06/08/2004
Issues raised on appeal barred by Rule 5A:18.
2348033 Kroger Company and Continental Casualty Company v. Kathy Wright 06/08/2004
Evidence sufficiently links the compensable injury suffered by claimant with her continuing disability.
3248022 Ronnie Adolphus Noel v. Commonwealth of Virginia 06/08/2004
Issues raised is barred by Rule 5A:18.
3256033 Dalton Enterprises, Inc. and Cincinnati Casualty Company v. David Jason Tompkins 06/08/2004
Summarily affirm: No reversible error finding claimant sustained an injury by accident, and gave timely notice of his injury to employer; and claimant proved he was totally disabled beginning September 13, 2002 and continuing.
3361022 James Sydney Fincham, Jr. v. Commonwealth of Virginia 06/08/2004
The trial court did not err in denying appellant's motion to dismiss.
0178042 William T. Bowling/Ted Bowling Construction v. Joshua Creel 06/01/2004
Summary affirmance; no error in finding employer failed to sustain burden of proving it did not have three or more employees regularly in service and not subject to Workers' Compensation Act
1220033 James Edward Justus v. Commonwealth of Virginia 06/01/2004
No reversible error in exclusion of nature of victim's prior felony convictions
1234033 Jeffery Dewayne Waynick v. Commonwealth of Virginia 06/01/2004
No reversible error in exclusion of nature of victim's prior felony convictions
1291033 Kevin Lee Meadows v. Commonwealth of Virginia 06/01/2004
No reversible error in exclusion of nature of victim's prior felony convictions
1332033 William Lee Hurley v. Commonwealth of Virginia 06/01/2004
Issues raised on appeal barred by Rule 5A:18
1641034 Amherst County Sheriff's Dept., et al. v. Edwin Phillip Martin 06/01/2004
No error in commission's award of disability benefits for heart disease; portion of award for benefits before October 27, 1993 reversed
1866032 Tanya Patrice Washington v. Commonwealth of Virginia 06/01/2004
Evidence sufficient to support conviction of grand larceny
2059024 Ricky Donnell Nelson v. Commonwealth of Virginia 06/01/2004
No error in trial court's discretion in ordering, as a condition of probation, that appellant not operate motor vehicle for twenty years
2175032 Ronald Lee Wilson v. Commonwealth of Virginia 06/01/2004
No error in trial court's refusal to allow appellant to withdraw his Alford pleas to second-degree murder, malicious wounding and use of a firearm in commission of murder
2376033 Melvin R. Jones v. Commonwealth of Virginia, Dept. of Social Services, etc. 06/01/2004
Trial court lacked jurisdiction to entertain appeal of registration and confirmation of child support orders when appellant failed to post an appeal bond on appeal from juvenile and domestic relations district court; judgment vacated and juvenile court order reinstated
2877033 Clinchfield Coal Company v. Gary Paul Souleyrette 06/01/2004
No error in decision of commission finding employer responsible for medical treatment after treating physician retired
0142041 Jodi Lynn Case v. James Samuel Case 05/25/2004
Summarily affirm: No error in the trial court''s final divorce decree.
0153042 G.M.W. General Contractors, Inc. and Selective Insurance Company of America v. Timothy D. Sheffield 05/25/2004
Summarily affirmance: No reversible error in finding that claimant proved he sustained neck and back injuries casually related to his compensable May 23, 2001 injury by accident, and that employer was responsible for payment of medical bills for treatment rendered to claimant.
0165042 Paige L. Thornton v. Philip Morris USA and American Protection Insurance Company 05/25/2004
Summarily affirmance: No reversible error in denying claimant's claim for benefits, and finding that she failed to prove she sustained an injury by accident arising out of her employment on September 10, 2002.
1434033 Julia Long and Tony Long v. Judith Holt-Tilman 05/25/2004
The trial court found that the evidence failed to show that K.L.'s best interests would be served at the time by a return of custody to appellants. The trial court did not abuse its discretion in refusing to return physical custody to the appellant's.
1947031 David Smith, Jr. v. Commonwealth of Virginia 05/25/2004
No trial court error in the denial of motion to suppress.
2151033 Dianna Rowan Featherstone v. Division of Social Services of The City of Danville 05/25/2004
Summarily affirmance: The record supports the trial court's finding that DSS presented clear and convincing evidence satisfying the statutory requirements of Code § 16.1-283(C)(2) and establishing that the termination of appellant's residual parental rights was in the child's best interest.
3102034 Oanh Elliott v. Patrick Elliott 05/25/2004
Summarily affirmance: No abuse of discretion in the judge's custody determination. The record demonstrates that the trial judge carefully weighed the evidence, considered the factors set forth in Code § 20-124.3, as required by Code § 20-124.2, and made extensive findings; the parties request for costs and attorney's fees is denied.
0002042 Stafford (County of) School Board and Viginia Municipal Group, et al. v. Robin Dale Willis 05/18/2004
Summarily affirmance: No reversible error in awarding medical benefits and temporary total disability benefits to claimant, finding claimant proved she sustained a new injury by accident arising out of and in the course of her employment on December 4, 2002, and finding that her disability was causally related to the December 4, 2002 compensable injury by accident.
0090041 Commonwealth of Virginia v. Shawn Anthony Mayfield 05/18/2004
The court's ruling constituted a finding that defendant was seized without reasonable suspicion and that this illegal seizure tainted defendant's consent to search. Because the evidence supports such a ruling, case is remanded to the trial court for further proceedings.
0177041 Lake Taylor Transitional Care Hospital and Reciprocal of America, et al. v. Joyce Elaine Elliott 05/18/2004
Summarily affirmance: No reversible error in awarding benefits to claimant, and finding that claimant proved that she sustained an injury by accident arising out of her employment on October 29,2002.
1686022 Marvin Jay Smith v. Commonwealth of Virginia 05/18/2004
Appellant offered no evidence that the Commissioner violated his statutory duty to mail the revocation notice, habitual offender conviction affirmed.
2026032 Joseph T. Buxton, III and Mary Wakefield Buxton v. Roger A. Murch and Ursula B. Murch 05/18/2004
The actual expenses incurred by the Appellees in enforcing the contempt citation against the Appellants, including the costs for attonrye's fees in defending the Appellants' appeal of the contempt citation, are part of the damages suffered as a result of the contempt and may be included by the trial court as part of the sanctions.
3093031 Deanna Porter v. Department of Human Resource Management, et al. 05/18/2004
Summarily affirmance: Appellant was provided an opportunity to respond to the charges and did so in conjunction with the investigation conducted by NSU's human resources department. She was afforded further opportunity to respond to the allegations through the grievance process of which she availed herself.
3408022 Alfonso Nelson, s/k/a Alphonso Nelson v. Commonwealth of Virginia 05/18/2004
The record supports the trial court's conclusion that no reasonable doubt existed as to the impartiality of the remaining jurors not struck for cause and, thus, that the denial of appellant's mistrial motion did not constitute manifest error.
0070043 Beverly Healthcare Carter Hall and Insurance Company of the State of Pennsylvania v. Arna R. Parsons 05/11/2004
Summarily affirmance: No reversible error in awarding claimant temporary total disability benefits.
0103034 Ira Vincent Hoffman v. Deborah Louise Cass Hoffman 05/11/2004
No trial court error in its classification of appellant's investment account as marital property; its classification of the marital residence as wife's separate property; and its distribution of the marital estate.
0136034 Deborah Louise Cass Hoffman v. Ira Vincent Hoffman 05/11/2004
No trial court error in failing to award appellant spousal support; not reserving for her a right to future spousal support; admitting into evidence the probate file of husband's father; admitting audiotapes of her arguments with husband, and not awarding her attorney's fees.
0649032 Daniel Lee Davis v. Commonwealth 05/11/2004
Evidence presented was sufficient to establish appellant committed statutory burglary.
1311032 Donald James Baker v. Commonwealth 05/11/2004
The evidence supports the trail court's determination that appellant possessed the cocaine with the intent to distribute.
1857031 Idlefonse Rivera v. City of Hampton Department of Social Services 05/11/2004
The issues raised before this Court are procedurally defaulted under Rule 5A:18.
2612031 Doris M. Addenbrook, et al v. Jane Furnald Addenbrook 05/11/2004
Claim raised on appeal procedurally barred under Rule 5A:18.
2798032 Rebecca L. Locksmith v. Chippenham Hospital and Continental Insurance Company 05/11/2004
No error in the commission's determination that appellant's medical care, as it related to the June 18, 2002 surgery, was unauthorized pursuant to Code § 65.2-703.
2927031 David L. Owata v. Pasqualina H. Owata 05/11/2004
Summarily affirmance: The trial court did not err in finding husband in default to fulfilling his obligations pursuant to the agreement and in awarding wife attorney's fees.
0014044 Lisa Ann Travis v. Logicon and Insurance company of the State of Pennsylvania 05/04/2004
Summarily affirmance: No reversible error in the denial for temporary total disability benefits.
0016043 Carolyn Lambert v. Consolidated Glass & Mirror Co. and Pacific Employers Insurance Company 05/04/2004
Summarily affirmance: No reversible error in the denial of benefits based upon its finding that claimant failed to prove compensable occupational disease.
0234034 Thomas H. Dotson v. Rita L. Dotson 05/04/2004
The trial court properly applied the governing statute on equitable distribution to the farm property. The evidence in the record supports the court's findings on classification, donative intent and division. No error or abuse of discretion in the trial court's award.
0559031 Pernell Lee Viney v. Commonwealth of Virginia 05/04/2004
The evidence was sufficient to prove that appellant's movement of his shorts, combined with the eye movement described by the complainants, was enough to deduce that his intent was lascivious.
1098032 Hassan Dibich v. Deborah H. Dibich 05/04/2004
The trial court's determination of the marital values in the several properties is supported by the evidence before it. No error in the trial court's equitable distribution award.
1436033 Virginia Employment Commission v. Anna D. Hill and B. Sheshadri, M.D. 05/04/2004
Reversing the trial judge's order and affirming the Commissioner's finding, claimant voluntarily and without good cause left her job when she "refused to work out a notice period, after being informed of a future discharge."
1517031 Derron Quente Goodman, s/k/a Deronn Goodman v. Commonwealth of Virginia 05/04/2004
The entry into appellant's property without a warrant under the circumstances of this case was unlawful, and the trial court erred in denying appellant's motion to suppress.
1749032 Aaron Nicholas Brown v. Commonwealth of Virginia 05/04/2004
The trial court did not err in convicting appellant of grand larceny.
2992023 Chris Brusant Smith v. Commonwealth of Virginia 05/04/2004
The trial court did not err in refusing the heat-of-passion instruction proffered by appellant.
3220034 American Airlines, Inc., et al v. Eton Anthony Thomas, Jr. 05/04/2004
Summarily affirmance: No reversible error in awarding temporary total disability benefits, temporary partial disability benefits, and medical benefits to claimant.
3349022 Daquan Charles McClam, a/k/a Crevante Duran Beasley, s/k/a Dequan Charles McClam v. Commonwealth 05/04/2004
Probable cause supported an arrest for trespassing and , under the procedural posture of this case, that the trial court's denial of the motion to suppress did not constitute reversible error.
0340031 Carldozia Antonio Peek v. Commonwealth of Virginia 04/27/2004
The trial court did not err in finding that appellant possessed the cocaine and firearm.
1266031 Johnny Earl Cherry v. Commonwealth of Virginia 04/27/2004
Appellant's claims are procedurally defaulted under Rule 5A:18, judgment of trial court affirmed.
1719033 Donnie Lee Lester v. Commonwealth of Virginia 04/27/2004
The evidence of the confession was not inherently incredible, and as a whole was sufficient to support appellant's conviction.
1942032 Christopher G. Webb v. Dawn N. Webb 04/27/2004
The trial court erred in determining the marital share of husband's retirement account at a date other than the date of the parties' separation.
2254033 Deborah L. Miles v. City of Lynchburg Human Services 04/27/2004
Claimant failed to establish the requisite causal connection between her employment and the fall.
2383031 Kevin Strong v. Hampton Department of Social Services 04/27/2004
Summarily affirm: The record supports the trial court's finding that the best interests of the children would be served by changing the foster care plan goal to adoption.
2565024 An Trong Tran v. Commonwealth of Virginia 04/27/2004
The trial court did not err in denying appellant's motions to strike the evidence and set aside the jury verdict.
2923031 Curtis Leon Taylor, Sr. v. MJRW, Inc. and TIG Premier Insurance Company 04/27/2004
Claimant failed to both designate an alternative means of providing his testimony and to comply with the deputy commissioner's order to respond to the employer's July 1 Request for Admissions. The record clearly establishes an adequate basis for the commission to impose the sanction of dismissal and, therefore, it did not abuse its discretion.
2949032 Barbara Marie Abt-Barnett v. Chesterfield-Colonial Heights Department Social Services 04/27/2004
Summarily affirmed: The record supports the trial court's finding that the department presented clear and convincing evidence satisfying the statutory requirements of Code § 16.1-283 and establishing that termination of mother's parental rights is in the child's best interest.
3020022 Ivey Lewis Jones v. Commonwealth of Virginia 04/27/2004
The evidence proved the Department sent appellant a letter informing him of the 1996 habitual offender adjudication. Thus the evidence was sufficient to sustain appellant's conviction of feloniously operating a motor vehicle on May 24, 1999 after being declared a habitual offender.
1570034 Bonnie J. Cooner v. Jason J. Cooner 04/20/2004
The trail court did not err in finding a material change of circumstances that warranted a review of the custody of G.C. and B.C., giving undue influence to the preferences of G.C. and B.C., and finding the evidence sufficient to award custody of N.B and T.B. to husband, who was a non-parent.
1808032 Aaron Danyle Beale v. Commonwealth of Virginia 04/20/2004
The trial court did not err in failing to make such a finding or in admitting the testimony of a Sexual Assault Nurse Examiner.
2346031 Dennis R. Byrd v. Oasis Services, Inc. and Hartford Fire Insurance Company 04/20/2004
Claimant failed to prove as a matter of law that his injury arose out of his employment.
3134031 Homecare of Virginia, Inc. and William S. Jones, Jr. v. Maurice A. Jones, Commissioner, Virginia DSS 04/20/2004
Summarily affirmed: The evidence supports the court's conclusion that appellant willfully refused to remove the residents from his care.
0424034 Kimberly M. Mattingly v. Daniel T. McCrystal 04/13/2004
The trial court erred in awarding attorney's fees contrary to the parties binding contractual agreement, decision reversed.
1421033 Joseph John Hicks v. Commonwealth of Virginia 04/13/2004
No error in the trial court's pretrial amendment of the indictment or its final judgment finding appellant guilty of statutory burglary.
1856033 Teleflex Automotive Manufacturing Corp., et al v. Mildred Honaker 04/13/2004
The commission's decision involves a question of fact and has the support of credible evidence.
1963033 Daugherty Brothers Chevrolet, Inc. et al v. Estate of Ronnie J. Tabor 04/13/2004
No error credible evidence supports the commission's decision.
2720022 Danyel Lorenzo Gray, s/k/a Danyell Gray v. Commonwealth of Virginia 04/13/2004
The evidence was sufficient for the trial court to find that appellant willfully, wantonly and culpably inflicted serious injury on his son such that he demonstrated a reckless disregard for human life.
3030023 Jamie Shannon Gregory v. Commonwealth of Virginia 04/13/2004
The trial court did not err in overruling appellant's motion to suppress.
0473032 Robert P. McKenney v. Commonwealth of Virginia 04/06/2004
Appellant's motions were filed more than twenty-one days after the entry of the final sentencing order entered on December 18, 2001, the trial court did not err in dismissing for lack of jurisdiction appeallant's motion to modify his sentence and to reconsider the denial of his motion to withdraw his guilty plea.
0641031 Eric M. Williams v. Commonwealth of Virginia 04/06/2004
Credible evidence supports the trial court's verdice of attemtped robbery in violation of Code §§ 18.2-26 and 18.2-58.
0760031 Damian L. Hicks, s/k/a Damian Laffit Hicks v. Commonwealth of Virginia 04/06/2004
Sufficient evidence supports appellant's conviction of possession with intent to distribute cocaine. The trial court did not err in convicting appelant for this offense.
1283031 Willie Cephas Branch v. Commonwealth of Virginia 04/06/2004
Evidence sufficient to prove beyond a reasonable doubt that appellant maliciously and intentionally struck the victim in the face without provacation with the intent to inflict serious injury.
2192023 Jeffrey Jason Gardner, s/ka Jeffery Jason Gardner v. Commonwealth of Virginia 04/06/2004
The evidence was sufficient to support appellant's conviction.
2908034 Elizabeth R. McLean and Susan Pollack, as Guardian and Conservator v. John Hull McLean, III 04/06/2004
Summarily affirm the decision of the trial court, awarding husband a divorce and requiring each party to be responsible for his or her own attorney's fees and costs.
3042023 Randall Edward Emerick v. Commonwealth of Virginia 04/06/2004
Evidence was sufficient to prove appellant accomplished the sodomy by "force, treat or intimidation."
3113021 Lamont Antone Wyche v. Commonwealth of Virginia 04/06/2004
The trial court did not err in finding that the victim's death was caused by appellant's unlawful and criminally negligent conduct.
3177034 Vivian M. Henderson v. H. F. Copies, Inc. and State Farm Fire & Casualty Company 04/06/2004
Summarily affirm: Claimant failed to prove she sustained an injury by accident arising out of and in the course of her employment on August 12, 2002.
3182022 Jerome Williams v. Commonwealth of Virginia 04/06/2004
The evidence supports the trial court's finding that a seizure did not occur, and appellant's Fourth Amendment rights were not violated.
3230024 Roy Lynwood Sheppard v. Commonwealth of Virginia 04/06/2004
The trial court did not err in denying appellant's motion to strick the Commonwealth's evidence as to the charge of statutory burglary.
3330022 Robert P. McKenney v. Commonwealth of Virginia 04/06/2004
Appellant's motions were filed more than twenty-one days after the entry of the final sentencing order entered on December 18, 2001, the trial court did not err in dismissing for lack of jurisdiction appeallant's motion to modify his sentence and to reconsider the denial of his motion to withdraw his guilty plea.
0162032 Stuart Lee Harris v. Judy Ballance Harris 03/30/2004
The evidence was sufficient to retrace the husband's separate property,and, therefore, the trial judge's decision is reversed.
0174034 Melissa McCutcheon v. Warren County Department of Social Servics 03/30/2004
The evidence supports the trial court's finding that termination from their mother is in their best interest and that the trial court did not err in failing to continue the case.
0678031 Howard W. Payne, Jr. s/k/a Howard E. Payne, Jr. v. Commonwealth of Virginia 03/30/2004
The first two issues are procedually barred. The third issue, the trial court did not abuse its discretion in admitting the contested testimony.
0696034 Wesley E. Jordan, Jr. v. Susan G. Jordan 03/30/2004
The trial court considered wife's current needs and husband's current ability to pay prior to modifying the amount of spousal support, no error or abuse of discretion in the trial court's award.
0843034 James P. Massa v. Susan E. Massa 03/30/2004
The trial court did not err in its award of spousal support to wife;denying husband's request to impute income to wife; and denying attorney's fees to either party.
1070034 Lionel G. Cardenas v. Commonwealth of Virginia 03/30/2004
The trial court did not err in finding appellant was not illegally detained;marijuana possession conviction affirmed.
1438034 Corestaff Corp. Services Group, et al v. Clifford Llewelyn Carter, Sr. 03/30/2004
No commission's error credible evidence supports findings.
2323031 Sol Angel Perry v. Lavadis Romel Perry 03/30/2004
Summarily affirm: The evidence is sufficient to support the trial court's decision awarding husband a divorce on the ground of a one-year separation.
2368033 Emory Lee Morris v. Dunham-Bush, Inc. and Twin City Fire Insurance Company 03/30/2004
Claimants application for permanent partial disability benefits was barred by the statute of limitations.
2511002 Javon Lydell Booker v. Commonwealth of Virginia 03/30/2004
Upon rehearing en banc, the trial court did not err in refusing to allow defense counsel to question a witness about pending charges.
3305021 McKinley Lee Artis v. Commonwealth of Virginia 03/30/2004
No jury error in find appellant possessed the firearm found under his seat cushion.
0190034 Janice Lee Benthall v. Joe Miller Benthall, Sr. 03/23/2004
The trial court abused its discretion in reducing the spousal support award;reverse trial court decision and dismiss appellee's petition to modify spousal support
0245031 Faruz Razzaq, a/k/a Alonzo C. Peeples v. Commonwealth 03/23/2004
Trial court made a factual finding, supported by the evidence, and appellant was represented by counsel
1387034 Sharon Yvonne Holohan v. John Joseph Holohan, Jr. 03/23/2004
The trial court did not err in the amount of its award of spousal support to wife, in determining the child support award, and in its denial of attorney's fees to wife
1484031 William Deshaune Martin v. Commonwealth 03/23/2004
Rule 5A:18 bars our consideration of this question on appeal
1719021 Delio Anzualda v. Commonweath 03/23/2004
Rehearing En Banc granted
1943032 Saundra L. Ash v. Raymond D. Ash 03/23/2004
Appellant failed to meet her burden to overcome the presumption that the severance package was entirely husband's separate property
2320021 Jerome Anthony Smith v. Commonwealth 03/23/2004
The trial court erred in admitting evidence of a conviction that was not final;decision reversed and remanded for re-sentencing
2441023 Woodrow Lee Abshire, Jr. v. Commonwealth 03/23/2004
Evidence was sufficient to prove appellant's conduct was deliberate, willful, and so gross and wanton as to show a reckless disregard for human life.
2531034 heather R. McDonald v. Bennett L. Minton 03/23/2004
Summarily affirmance: No error in the award of attorney's fees to appellee;case remanded to determine proper amount of the award
2831022 William Michael Burpo, s/k/a William Michael Burpo, Jr. v. Commonwealth 03/23/2004
Rule 5A:18 bars consideration of this issue
2934021 Charles Battle, Jr. v. Commonwealth 03/23/2004
The evidence supports the trial court's judgment that appellant possessed cocaine with the intent to distribute, that he distributed cocaine within 1000 feet of a school, and that he distributed cocaine to a person under the age of eighteen
0086032 Karen Feldman v. Richard Feldman 03/16/2004
As spousal support must be determined before child support obligation is determined, judgment of trial court is reversed and appellee's petition to modify spousal support is dismissed.
3020033 Floyd County School Board, et al v. Randall Woolwine 03/16/2004
Summary affirmance: No error in commission's decision finding appellee's condition and treatment are related to injury by accident, naming his authorized treating physicians and making any referrals by those physicians employer's responsiblity.
3046033 Randall Woolwine v. Floyd County School Board, et al 03/16/2004
Summary affirmance: No error in commission's finding appellant failed to prove total disability and failed to make reasonable effort to market his remaining work capacity.
0006034 Morgan James Brooke v. Commonwealth of Virginia 03/09/2004
No error evidence was properly admitted as a present sence impression.
2271034 Catherine Lorraine McNeese v. John F. Taylor 03/09/2004
Summarily affirm the decision of the trial court;remand the case for a determination of husband's attorney's fees and costs incident to this appeal.
2283022 Saifullah K. Niazi v. Commonwealth of Virginia 03/09/2004
The evidence failed to prove Dr. Niazi was the cause of the public nuisance, and we reverse the convictions.
2370034 Bell Atlantic - Virginia, Inc. and Verizon Virginia, Inc. v David N. Jett, III 03/09/2004
Credible evidence in the record supports the commission's determination that appellant's left carpal tunnel syndrome, and therefore the associated treatment, was causally related to his work-related accident of July 1, 1999.
2735031 Willie Mae Hansell v. Games Farmers Market and Emcasco Insurance Company 03/09/2004
Summarily affirmance: No reversible error in denial of claim of benefits for carpal tunnel syndrome.
2854034 Cornerstone Design Center, Inc. and Erie Insurance Company v. Edwin W. Robertson 03/09/2004
Summarily affirm: Claimant proved he sustained an injury by accident arising out of and in the course of his employment on May 31, 2002
2885034 Marcellus Williams v. Reston Interfaith, Inc. and North American Specialty Insurance Company 03/09/2004
The commission's opinion reflects that it throughly considered the medical evidence and found it insufficient to sustain claimant's burden of proof.
2921031 Federal Express Corporation and Sedgwick Claims Management Services, Inc. v. Melville Edwin Sandefur 03/09/2004
Summarily affirmance: No reversible error in commission's finding that employer failed to prove appellee was no longer disabled as a result of injury by accident.
3100022 Jennifer Lea Widdifield v. Commonwealth of Virginia 03/09/2004
Upon Rehearing En Banc granted.
0303031 Donald Morlin Christian v. Commonwealth 03/02/2004
Trial judge erred in overruling the motion to suppress;conviction reversed
0352034 David Yarborough v. Commonwealth of Virginia 03/02/2004
The jury was properly instructed on the use of prior inconsistent statements at the close of all the evidence, we affirm appellant's conviction and remand for correction of the clerical error.
1661032 Charles Davis Burrell v. Virginia Department of Motor Vehicles 03/02/2004
No error in the decision of the circuit court affirming the Virginia Department of Motor Vehicles' suspension of appellant's driver's license.
2529031 Willie Deshawn Brown v. City of Norfolk, Department of Human Services 03/02/2004
Summary affirmance: Evidence supported termination of parental rights; issue of failure to consider placement with family members procluded by Rule 5A:18.
2530031 Willie Deshawn Brown v. City of Norfolk, Department of Human Services 03/02/2004
Summary affirmance: Evidence supported termination of parental rights; issue of failure to consider placement with family members procluded by Rule 5A:18.
2983031 Dianna L. Kay v. City of Norfolk 03/02/2004
Summary affirmance: No error in denial of claim for benefits as appellant failed to prove she sustained injury by accident arising out of employment.
3071022 Leroy Clinten Morris v. Commonwealth 03/02/2004
Absent proof of actual bias, this court finds no abuse of discretion by the trial court, and affirm its decision.
3288022 Marcus Anthony Jones v. Commonwealth of Virginia 03/02/2004
Evidence sufficiently proved both challenged elements of the offense beyond a reasonable doubt.
3293022 Charles A. Coe v. Commonwealth of Virginia 03/02/2004
No error the circuit court lacked the requisite jurisdiction to modify appellant's sentence.
3366022 Joshua Aaron Aylor v. Commonwealth of Virginia 03/02/2004
Appellant waived his argument by submitting the "weapon" issue to the jury and then expressly conceding the sufficiency of the evidence on this issue, we affirm.
0470031 John Thomas Robinson v Commonwealth 02/24/2004
Burglary conviction reversed as evidence insufficient
1842033 John H. Lindeman v Va Employment Commissoion et al 02/24/2004
No error evidence support claimant lack good cause for quitting
2350021 Sheron Stevenson v Commonwealth 02/24/2004
No error in denying motion for leave to withdraw guilty pleas
2596031 Shirley Simmons v Marshall Darden 02/24/2004
Summarily affirm:Rule 5A:18 bars consideration
2651031 Pamella Lucille (Poe) Chavis v Steven Jerome Chavi 02/24/2004
Summarily affirm: No error in upholding Commissioner's report
2764022 Martha C. Tingle v City of Richmond 02/24/2004
No err in granting motion to quash subpoena duces tecum request
1525034 Michael A. Plunkett v Shaza A. Plunkett 02/17/2004
No error evidence support trial court's conclusions
1937031 Dannie Wilson v Perdue Farms, Inc. 02/17/2004
Summarily affirm:Claimant failed to market residual work capacity
2165031 William T. Perry, Jr. v Hampton Dept' Social Svc. 02/17/2004
Summarily affirm:Rights termination was in child's best interest
2350034 North Star Home Improvement, et al v John W. Heddi 02/17/2004
Summarily affirm:Motion to Compel and for Sanctions denied
2469022 Stephen James Hood v Commonwealth 02/17/2004
Admission of appellant's proffered statements was not in error
2597033 Midway Trucking, Inc. et al v Ron Edward Kelley 02/17/2004
Summarily affirm:Facts and legal contentions are adequate
2681022 Thomas G. Paytes, s/k/a v Commonwealth 02/17/2004
Evidence sufficient to prove elements of Code 46.2-817(B)
3188022 Clifford Henry Menefee, III v Commonwealth 02/17/2004
Evidence sufficient to support burglary conviction
0081031 Antonio N. Woodson v Commonwealth 02/10/2004
No trial court error conviction affirmed
0146034 Shannon Lee Owens v Commonwealth 02/10/2004
No tc error in revoking appellant's suspended sentences
0222034 Felipe Franco v Commonwealth 02/10/2004
Evidence supports distribution of cocaine
0235031 Trondell Askew v Commonwealth 02/10/2004
The issue raised is barred by Rule 5A:18
0394022 Curtis Darnell Hilliard v Commonwealth 02/10/2004
Rehearing En Banc granted
1050032 Douglas L. Miller v Board of Supervisors, King Geo 02/10/2004
Summarily affirm:No error trial court had jurisdiction
1161023 Paul Hartman, s/k/a v Commonwealth 02/10/2004
Evidence sufficient appellant committed the charged offense
1572034 Theresa Andreoni v Michael Andreoni 02/10/2004
No error in admitting parol evidence and interpreting agreement
1600034 Goldie Arnold v Winchester Dept' Social Services 02/10/2004
Summarily affirm:Evidence support parental rights termination
2268022 Carl Anthony Smith v Commonwealth 02/10/2004
No err in finding Commonwealth established a chain of custody
2300024 Richard A. Sullivan, s/k/a v Commonwealth 02/10/2004
No error a continuance would have been prejudicial
2699034 Beck Company, et al v Katherine C. Pipes 02/10/2004
Summarily affirm:Commissions decision no reversible error
2865021 Juanita Delores Marsh v Commonwealth 02/10/2004
Appellant's review procedurally barred;conviction affirmed
2967022 Walter Craig Jones v Commonwealth 02/10/2004
No err in admitting certificate of analysis
3100022 Jennifer Lea Widdifield v Commonwealth 02/10/2004
Issue of credit for time served precluded by Rule 5A:18
3354022 Larry Demetrice Kersey v Commonwealth 02/10/2004
Evidence sufficient to support possession of a firearm & cocaine
0193032 Allen N. Day v Commonwealth 02/03/2004
Evidentiary issue is defaulted;evidence supports conviction
1800031 K. H. v Newport News Dept' Social Services 02/03/2004
Summarily affirm:Termination was in the children's best interest
1837031 K. R. v. York County Dept' of Social Services 02/03/2004
Summarily affirm:Termination was in the children's best interest
1879033 Tri Tube, Inc., et al. v Delores A. Owens 02/03/2004
Credible evidence supports commission's decision
1984032 Kevin S. Voage v Spotsylvania Dept' Social Service 02/03/2004
Summarily affirm:Termination was in the children's best interest
2001034 Commonwealth v Dawud Rasheed Riggins 02/03/2004
Police did not have reasonable suspicion to frisk appellant
2165022 Clinton Orlando Staten v Commonwealth 02/03/2004
Due to Rule 5A:18 we are precluded from considering this claim
3325021 Traye Diason Mitchell v Commonwealth 02/03/2004
No error; evidence supports the carjacking conviction
3357022 Marsha King Ascencio v Commonwealth 02/03/2004
Evidence sufficent;case is remanded for sentence modification
3385021 Darrell Curtis Young v Commonwealth 02/03/2004
No err in the denial of motion to strike a venireman for cause
0008034 Dorothy Mae Latimer v Dennis Brian Latimer 01/28/2004
Judgment reversed;remanded for reconsideration of distribution
0789022 Thomas A. Chilton, Jr. v Commonwealth 01/28/2004
TC did not err in ruling it was without jurisdiction
0954032 Robert Avery Hodo v Amanda Ann Hodo 01/28/2004
No error in award of custody of child and dog to appellee
1417012 Brenda Kislek Samuel v Thomas Franklin Samuel, Jr. 01/28/2004
Case affirmed remand for award to husband of attorney's fees
1426034 Horace Rollins v Alexandria Division Social Servic 01/28/2004
Credible evidence supports termination of parental rights
1756021 Newport News Shipbuilding,et al v Willis M. Richar 01/28/2004
Commission's decision reversed and case is remanded
1886034 James Lee Martin v Margaret A. Goodwin 01/28/2004
No tc error in determining husband was in contempt of court
1960024 Kenneth Franklin Edwards v Commonwealth 01/28/2004
Evidence proved appellant carried a concealed weapon
2419022 Darrick Hamilton Hood v Commonwealth 01/28/2004
Evidence sufficient to sustain firearm possession conviction
2460022 Ernestine Anderson, s/k/a v Commonwealth 01/28/2004
Upon Rehearing En Banc granted
2501012 Brenda Kislek Samuel v Thomas Franklin Samuel, Jr. 01/28/2004
Case dismissed and remanded for award to husband attorney's fees
2540023 Christopher Drew Brooks v Commonwealth 01/28/2004
No error trial court properly exercised its discretion
2677022 Reida K. Morton v Commonwealth 01/28/2004
Evidence sufficient to support felony child neglect conviction
1539031 Brian Gay v Laura Ann Gay 01/20/2004
Summarily affirm:No tc error in awarding support & attorney fees
1752031 Venesa Walker-Duncan v Gary Allen Duncan 01/20/2004
Summarily affirm:No error in trial judge's contempt order
2275031 Alfonzo Robinson v Williamsburg Dept. Social Svc. 01/20/2004
No error evidence support termination of father's parental rights
2457033 Diane Rygielski v Lynchburg General Hospital,et al 01/20/2004
Summarily affirm:Claimant failed to prove employment injury
2609021 David K. McLawhorn v Commonwealth 01/20/2004
TC had jurisdiction;Rule 5A:18 bars issue
2659022 James Antoine Murrow v Commonwealth 01/20/2004
No error evidence sufficient to support conviction
1074034 Anne M. Block v Robert M. Block 01/13/2004
Summarily affirm:Divorce on the June 2002 adultery
1576021 Karing Bethel Medley v Commonwealth 01/13/2004
Petition for Rehearing En Banc granted
1845032 Commonwealth v Herman Michael Green, Jr. 01/13/2004
Commonwealth's petition for appeal was not timely filed;dismissed
1958032 Edward D. Wilson v Diane Wilson 01/13/2004
No err: Contract was valid and enforceable
2301022 Paul D. Jefferson v Commonwealth 01/13/2004
The nunc pro tunc order contained an implicit finding of guilt
1672032 Commonwealth v. Jason Immanuel Coleman 01/06/2004
TC erred in suppressing evidence;reverse ruling and case remanded
2804024 Elizabeth G. Scott v. Michael R. Scot 01/06/2004
Affirm part,reversed & remand to reconsider distribution award
0052034 Donald Steward v Commonwealth 12/30/2003
No err:Claim is procedurally defaulted under Rule 5A:18
0170031 Timothy Lynn Williams, Jr. v Commonwealth 12/30/2003
No err in refusing to permit the general impeachment of a witness
1317023 David Thomas Horn, s/k/a v Commonwealth 12/30/2003
No err:Denying motion to withdraw nolo contendere plea
1395022 Trevor Dion Moody v Commonwealth 12/30/2003
No tc error in denial of motion to quash and dismiss indictment
1659032 B.W. v Richmond Department of Social Services 12/30/2003
Summarily affirm:Evidence sufficient to support termination
1842022 Robert Lee Williams, Jr. v Commonwealth 12/30/2003
No error in denying motion to suppress evidence
2187024 Allan Leigh Rother v Commonwealth 12/30/2003
No tc error in refusing to suppress statements made to police
2203032 Chuck Bennett & Sons Heating, et al v Walter Moncu 12/30/2003
Summarily affirm:Evidence sufficient to support decision
2256033 Clinchfield Coal Company v Ike Bowman 12/30/2003
Summarily affirm:Evidence supports commission's finding
2509023 Mortie J. Dowdy v Commonwealth 12/30/2003
No err:Evidence sufficient to support incest conviction
2550021 Vancelle T. Byrd v Commonwealth 12/30/2003
No err:Ordering appellant be tried jointly with his codefendant
3026022 Richard Matthew Johnson v Commonwealth 12/30/2003
Evidence sufficient to support conviction
0043031 Thurston Trent Keene v Commonwealth 12/23/2003
No error tc had jurisdiction to revoke suspended sentence
0294033 Courtney Lee Simon v Commonwealth 12/23/2003
Evidence sufficient to prove appellant intended to kill
0856031 Shountelle Brazier v Hampton Dept' Social Services 12/23/2003
No err:Evidence sufficient to support termination of rights
1030033 Lorenzo Alphonso Wright v Roanoke Dept' Social Svc 12/23/2003
No err:Termination was in the best interest of the child
1389032 Sodexho Marriott Services,et al v Wanda D. Brocken 12/23/2003
Evidence sufficient to support temporary total disability
1782031 Newport News Shipbuilding,et al v Elaine L. Bailey 12/23/2003
Summarily affirm:Payments made to claimant were "due and payable"
2171022 Windy T. Chambliss v Virginia Retirement System 12/23/2003
Summarily affirm:No err appellant failed to perfect service
2187032 Parkview Nursing, et al v Audrey Dorethea Hickman 12/23/2003
Summarily affirm:Evidence supports commission's decision
2213033 Rhonda K. Daniel v Atlas Roofing d/b/a Falcon Foam 12/23/2003
Summarily affirm:Evidence supports commission's findings
2214021 Kodi Jamelle Wright v Commonwealth 12/23/2003
Judgment affirmed as appellant's issues barred by Rule 5A:18
2231032 Norton Community Hospital, et al v Christina Marie 12/23/2003
Summarily affirm:Credible evidence supports commission's findings
2448033 James Charlton v Tazewell County Dept' Social Svc 12/23/2003
Summarily affirm:Termination was in best interest of the child
2460022 Ernestine Anderson, s/k/a v Commonwealth 12/23/2003
Evidence insufficient to sustain conviction;decision reversed
0058033 Richard Frederick Mott, s/k/a v Commonwealth 12/16/2003
No error in the denial of motion to vacate and grant an new trial
0328033 Rosser Lee Brown v commonwealth 12/16/2003
No error in the denial of motion to suppress
0446031 Eugene Ford v Commonwealth 12/16/2003
Evidence sufficient;no err revoking previously suspended sentence
0455031 Ford v Commonwealth 12/16/2003
Evidence sufficient;no err revoking previously suspended sentence
0986023 Rodney O. Anthony v Commonwealth 12/16/2003
The Court is precluded from hearing arguments per Rule 5A:18
1472022 Rajee El-Amin v Commonwealth 12/16/2003
Upon a Rehearing En Banc Order
1705033 Barry Joseph Lussen v City of Roanoke Fire & EMS 12/16/2003
No error evidence sufficient to support denial of medical claim
1771034 Gwen Mae Smith v Ned Leory Smith 12/16/2003
Summarily affirm:Record not sufficient to determine issues
1889032 Commonwealth v Rashad J. Fraierson and Wendell V. 12/16/2003
TC erred:Ruling officers' seizure & search was unreasonable
2163034 American Services Center, et al v Randy G. Mauck 12/16/2003
Summarily affirm:Evidence sufficient to support commisson's award
2303032 Jack W. Shelar v Ukrop's Super Markets, Inc, et al 12/16/2003
Summarily affirm:Evidence insufficient to support claim
2725023 Phillip Wayne Linkous, Jr. v Commonwealth 12/16/2003
Evidence sufficient to support the rape conviction
2921023 Tyrone Maurice Epps v Commonwealth 12/16/2003
Evidence did not support an instuction on accidental shooting
0845034 Patrick Francis Peck v Catherine E. Peck 12/09/2003
Summarily affirm:No err in the denial of motion to reduce support
1576021 Karing Bethel Medley v Commonwealth 12/09/2003
Appellant's did not waive rights;conviction reversed
1727031 Louis Blount Fauntleroy v Surry County School,etal 12/09/2003
Summarily affirm:Claimant's evidence insufficient support injury
1876021 Ulysses Lee Keeling v Commonwealth 12/09/2003
Claim was not presented to tc;Rule 5A:18 prevents addressing
1920034 Karl W. Meyers v Mary C. Meyers 12/09/2003
Summarily affirm:No error in sustaining the mother's demurrer
1936024 Therese Stroupe, et al v Sonia Rivero, Commissoner 12/09/2003
No tc error on contemp of court charge
2083021 Temeaka M. Harris v Commonwealth 12/09/2003
Evidence sufficient to support maiming conviction
2299024 Steven Paul O'Connor v Lorelei O'Connor 12/09/2003
Memorandum of understanding was binding and enforceable agreement
2594023 Albert Wayne Sample v Commonwealth 12/09/2003
Evidence of guilt sufficient to support intent-to-distribute
2860021 Demetrius Covil v Commonwealth 12/09/2003
Evidence supports conviction
3183021 Ronlondo Lavar Moody v Commonwealth 12/09/2003
No err:Refusal to hear appellant's untimely motion to suppress
3257023 Nick Cobble v Commonwealth 12/09/2003
No err:Evidence supports conviction of felonious property damage
3376023 Karl Ray Tuck v Commonwealth 12/09/2003
Evidence supports grand larceny conviction
0211034 Frederick C. Klein v Karen N.E. Klien 12/02/2003
TC erred in prohibiting the payment of management fee to husband
0432031 Genearl Melvin Gary v Commonwealth 12/02/2003
Err: Appellant's arrest was not supported by probable cause
1237033 The Lakehouse Restaurant, et al v Madonna A Tiller 12/02/2003
No error evidence supports commission's decision
2578024 Jesse Lightner Park v Commonwealth 12/02/2003
No tc error in the conviction or probation sentencing
3005023 Tameka James, s/k/a v Commonwealth 12/02/2003
No err:Evidence sufficient to support conviction
3318023 Sherman O. Davis v Commonwealth 12/02/2003
No err:In the denial for a jury trial request
3339023 Eric Lamont Payne v Commonwealth 12/02/2003
No error evidence supports obstruction of justice conviction
0924031 Roscoe L. Simpson v Carol P. Simpson 11/25/2003
Summarily affirm:No tc err in the denial of motion for relief
1313031 R.W. & P.W. v Chesapeake Dept' of Human Services 11/25/2003
Summarily affirm:Evidence sufficient to support termination
1463033 Clinchfield Coal Company v Roger Lewis Jordan 11/25/2003
No err:Commission's decision supported by credible evidence
2316024 Michael Bernard Dorsey v Commonwealth 11/25/2003
No err in denial of motion to suppress evidence
2450022 Orlando Lawrence Covington, Sr. v Commonwealth 11/25/2003
Evidence sufficient to support second-degree murder conviction
2531023 Roy Denver Sluder v Commonwealth 11/25/2003
No err in the refusal to grant appellant's mistrial motion
2767021 Marcus Lemont Bailey, s/k/a v Commonwealth 11/25/2003
TC did not err in denying motion to suppress
2997024 Clifford M. Scheid v Commonwealth 11/25/2003
No err:Excluding the testimony reqarding homicide investigations
3076023 Lynn Spencer Conrad v Commonwealth 11/25/2003
Appellant's guilty plea waived her right to appeal
3232023 Jay Franklin Hogston v Commonwealth 11/25/2003
Evidence prove appellant knowingly possessed cocaine
3282023 Charles Lee Argenbright v Commonwealth 11/25/2003
No err in the admission of reports proving prior convictions
0298031 Sherman Roundtree v. Commonwealth 11/18/2003
In revocation proceeding, tc erred in exceeding previous sentence
0588031 In The Matter of Sanctions Against Diane Fener,Esq 11/18/2003
Err: Trial court abused its discretion;case reversed and remanded
1973032 Jason Shortt v. LDC Masonry, Inc, et al 11/18/2003
Summarily affirm:Injury did not occur during course of employment
2451024 John Edward Williams v. Commonwealth 11/18/2003
The tc did not err in admitting the certificate of analysis.
2676023 Jeffrey Neal Coleman v. Commonwealth 11/18/2003
No err:Denying motion to suppress or refusing jury instructions
0082031 Davina Austin v Commonwealth 11/12/2003
No err in the denial of the motion to suppress the cocaine
0106034 Curt C. F. Wolters v Sylvana Wolters 11/12/2003
No err in tc directing the preservation of assets, case remanded
0363031 Robert Jasper Young v Commonwealth 11/12/2003
Evidence sufficient to support the robbery conviction
0421024 Bruce Corey, s/k/a v Commonwealth 11/12/2003
Err:Prior conviction was not "substantially similar";case remanded
0694032 Stephen W. Rudd v Regina A. Rudd, a/k/a 11/12/2003
TC did not err by failing to reduce support by a greater amount
0772033 Consolidated Equipment, et al v Gary L. Cumbie 11/12/2003
Evidence supports award of temporary total disability benefits
1203034 Michael Jokich v Marilee Jones 11/12/2003
Summarily affirmed:Evidence does not support a modification
1439023 Frank Jason Grooms v Commonwealth 11/12/2003
Err;tc had no jurisdiction to impose probation upon appellant
1853034 The Geon Company, et al v Wallace O. Peacemaker,Sr 11/12/2003
Summarily affirm:Evidence supports the commission's award
1896034 Brenda D. Coates v The Gap, Inc., et al 11/12/2003
Summarily affirm:Evidence did not prove employment injury
1972021 Daren Guy Peck, s/k/a v Commonwealth 11/12/2003
No tc err:Evidence supports attempted malicious wounding
3036014 Young Uk Everett v Commonwealth 11/12/2003
No final conviction order;court lacks jurisdiction,case dismissed
3065021 Sharef McDowell v Commonwealth 11/12/2003
No err evidence supports appellant waived his miranda rights
0231032 Jane O'Donnell v Petersburg Redevelopment, et al. 11/04/2003
No error evidence failed to support panel's decision
0393032 David Edwin Saunders v Eleanor Marie Saunders 11/04/2003
Summarily affirmance no objection to use of depositions
1436021 Phillip McCurtis Askew, Jr. v Commonwealth 11/04/2003
No err in the denial to suppress confession and certain evidence
2022021 Benita Frances Black v William V. Powers, Jr. 11/04/2003
Court is without jurisdiction and dismisses this appeal
2467024 Marvin Dirceu Minas Urbina v Commonwealth 11/04/2003
No trial court error evidence sufficient to support conviction
3181021 Mahtorhee Lycurgus Bell, III v Commonwealth 11/04/2003
Evidence sufficient to support breaking and entering conviction
0005031 Wendy S. Behnke v Mark J. Behnke 10/28/2003
Err:no jurisdiction to make initial child custody determination
0030031 Ellis Wayne Bowden v Gail Ann Bowden 10/28/2003
Reservation of spousal support and equitable distribution vacated
0057032 Yasheka DeHart v Richmond Dept' Social Services 10/28/2003
Summarily affirm: No err in termination mother's parental rights
0197033 Patsy Anne Eakin Williams v James Michael Williams 10/28/2003
No error in tc decision to sustain husbands demurrer
0591032 Sherman C. White, s/k/a v Commonwealth 10/28/2003
Evidence sufficient to prove possession with intent to distribute
0683032 Jack Michael Nelson v Petersburg Dept' Social Svc 10/28/2003
Summarily affirm:Termination of residual parental rights
0801032 Cortney Steele Brewerton v Alissa A. O'Meara 10/28/2003
Summarily affirm:TC did not abuse its discretion
0809032 Gloria Singleton v Richmond Dep't Social Services 10/28/2003
TC did not err by terminating mother's parental residual rights
1488033 Commonwealth v Victor Perry 10/28/2003
No err in the tc ruling granting motion to suppress evidence
1643032 United Parcel Services,et al v Michael S. Bradshaw 10/28/2003
Summarily affirmed:No commission error based on evidence
2383021 Betty Kenyon v Commonwealth 10/28/2003
Sufficient evidence to support conviction
2554021 Jhyy Demond Chubbick v Commonwealth 10/28/2003
Judgment affirmed as no argument on specific issue granted
2637021 Sylvester Jones, s/k/a v Commonwealth 10/28/2003
No tc error in determining probation violation
0580032 Lloyd H. Brown, Sr. v Rosalind H. Brown 10/21/2003
Summarily affirm;evidence supports trial courts decision
1184023 Amos Jeffrey Hundley v Commonwealth 10/21/2003
No err Code 18.2-308.2(A) prohibited possessing a firearm
1410022 Donnie McNeil Dotson v Commonwealth 10/21/2003
Evidence failed to prove charge;conviction reversed
1755031 Linwood W. Burt v McLean Contracting Company et al 10/21/2003
Summarily affirm;no err in refusing to docket claimants claim
1759022 Austin E. Brumskill v Mary Brumskill 10/21/2003
No err in contemp charge and denying modifying support motion
1882023 Red Baron Coal Company, et al v Harold L. Hess 10/21/2003
Evidence insufficient;commission's award reversed and dismissed
2200022 Steven Gordon Keene v Commonwealth 10/21/2003
No error defendant never objected to the continuance of his trial
0075032 George Thomas West, Jr. v Patricia West 10/14/2003
No err as child care expenses was reasonable and necessary
1121022 Kevin Alexander Connell v Commonwealth 10/14/2003
No err:granting instruction 15 and refusing proposed instruction
1152032 Sonia Williams v Chesterfield Dept. Social Service 10/14/2003
Summarily affirm:No err admitting prior social worker's notes
1175032 Charles Walker v Chesterfield Dept. Social Service 10/14/2003
Summarily affirm;Evidence sufficent to terminate parental rights
1394022 Betty Ann Nuzzo v Commonwealth 10/14/2003
Evidence sufficient to support conviction
1481022 Howard C. Weis v Commonwealth 10/14/2003
No error evidence sufficient to support conviction
1499022 Leon Parrish Marshall v Commonwealth 10/14/2003
No error evidence sufficient to support conviction
1618034 Washington Gas Light Company v Nadine Thompson 10/14/2003
Summarily affirm:No error commission's evidence sufficient
2144022 Antoine Clayton Smithers v Commonwealth 10/14/2003
Evidence sufficient to support conviction
2162021 Justin Lenard Randolph v Commonwealth 10/14/2003
Evidence sufficient to support grand larceny conviction
2455022 Marcus Gilliam v Commonwealth 10/14/2003
No error evidence supports conviction
2508022 Dalian Keith Green v Commonwealth 10/14/2003
Code 19.2-294 did not bar as state charges filed first
2870022 Mark Anthony Johnson v Commonwealth 10/14/2003
Evidence insufficient to support felony escape charge
2917021 Merlin McQue Harris v Commonwealth 10/14/2003
No error in the denial to withdraw guilty pleas
1128023 Roger Dean Poindexter v Commonwealth 10/07/2003
No error appellant knowingly and intelligently waived his rights
1390022 Ashley Nicole Jarrett v Commonwealth 10/07/2003
No error tc incorporated "time spent" in its commitment order
1688023 James Russell Parrish v Commonwealth 10/07/2003
Sufficient evidence supports conviction for unlawful wounding
1799023 Alvin Lee Plumley v Commonwealth 10/07/2003
No error in the denial of motion to withdraw guilty plea
2993021 Walter Thomas Golembiewski v Gae Susan Golembiewsk 10/07/2003
Err finding partie's waived equitable distribution
3158023 Noah Horn Well Drilling, et al v Donald J. Blanken 10/07/2003
No error evidence sufficient to support commission's decision
0645031 Latoyla Cooper v Virginia Beach Dept. Social Svc. 09/30/2003
Evidence sufficient to prove child neglect.
1125032 Maria Sanchez v Richmond Dept. of Social Services 09/30/2003
Summarily affirmed:Evidence suff to support termination of rights
1126032 Tariq Kirby, Sr. v Richmond Dept. Social Services 09/30/2003
Summarily affirmed:Evidence suff to support termination of rights
1156032 Hayden D. McMillian v Jacqueline A. McMillian 09/30/2003
Summarily affirmed:No err contemp ruling;wife's attorney fee's
1230031 Newport News Shipbuilding,et al v William A. Winst 09/30/2003
Summarily affirmed:No error evidence sufficient to support award*
1444024 Richard Lee Paige v Commonwealth 09/30/2003
Evidence sufficient to convict of cocaine distribution
1677032 Maria Sanchez v Richmond Dept. Social Services 09/30/2003
Summarily affirmed:Evidence suff to support termination of rights
2126024 Mirabile Corporation, et al v Va. Alcoholic Bev. 09/30/2003
No err:Evidence supports selling to underage buyer.
2244022 Luther Bruce Buchanan v Bonnie Buchanan 09/30/2003
Trial court did not err in considering husband's debts.
2516024 Gloria A. Claure v Neil F. Murray 09/30/2003
No tc error on grounds of Rule 5A:20(e)
3365012 Maria Janine Cherry v Commonwealth 09/30/2003
No error evidence sufficient to prove third offense petit larceny
0532023 Kimberly Dawn Ratliffe v Commonwealth 09/23/2003
Evidence sufficient to prove felony child neglect
0859034 Jayne Renee Athey v Robin Dwane Athey 09/23/2003
Summarily affirmed;evidence sufficient to support decision
1228031 Duane C. Casada, et al v Duane C. Casada 09/23/2003
Summarily affirmed; no err record supports commission's findings
1344033 Gene Leighton Smelcer v Dickenson County, et al 09/23/2003
Summarily affirmed;claimant failed to prove de facto entitlement
1380034 Nasima Kandahari v Va. Dept. of Motor Vehicles 09/23/2003
Summarily affirmed;No error claimant's evidence insufficient
0566034 Kiamalia Emerson v John S Emerson 09/16/2003
TC did not abuse its discretion in awarding joint custody
0763033 Coastal Mart, Inc., et al v Randy L Wampler 09/16/2003
Evidence supports commission's awarding TTD benefits to claimant
1080032 S.B. Cox Ready Mix Inc., et al v Wayne J Saunders 09/16/2003
No commission err evidence sufficient to support award
2015023 Robert Elvin Ingram v Commonwealth 09/16/2003
Tc error violation of Code 18.2-266 conviction reversed
2520024 Fed Mogul Friction Corp.,et al v Gerald W Butcher 09/16/2003
No error credible evidence supports commission's findings
0564022 Nathan D. Zasler v. Carol P. Zasler 09/09/2003
Trial court did not abuse discretion in determining support
0858032 Robert Deane v Ellen Gardner, a/k/a Ellen Deane 09/09/2003
Summarily affirmed No err in the denial of custody motion
1000032 Commonwealth v. David Garland Elliott 09/09/2003
Trial court erred in granting motion to suppress
1100031 Musso's Towing, Inc. v Steve Wall 09/09/2003
Summarily affirmed Claimant employee not independent contractor
1766022 Edward Ray Jones v Va. Elevator Company,Inc. et,al 09/09/2003
Commission did not err:claimant's injury did not arise at work
2125022 Bernard Jere Member v. Commonwealth 09/09/2003
Evidence was sufficient to support conviction
2166022 William R. Marvin v Rountree Construction, et al 09/09/2003
No error claim was time-barred by Code 65.2-708(A)
0428031 Regina Jenkins v City Newport News Dept. Soc Svc. 09/02/2003
No tc error in terminating mother's parental rights
0598032 Kelly Baker v Richmond Dept. Social Services 09/02/2003
Summarily affirm;evidence sufficient parental rights terminated
0604033 Rosa G. Harris, et al v Katherine A. Boxler 09/02/2003
Summarily affirmed:no error in denial of visitation petition
0926022 Christopher D. Strong v Commonwealth 09/02/2003
Evidence sufficient to support conviction
0994032 Charles L. Bell v Brunswick Correctional Cntr 09/02/2003
Summarily affirmed:no error employer not responsible for cost
0301033 Sandra Parker v Lynchburg Division of Soc Services 08/26/2003
Summary affirmance No error in award of child's custody to father
0637032 Shanna Harvey v Richmond Dept of Social Services 08/26/2003
Summary affirmance No error in termination of parental rights
0806023 Daryl Thomas Johnson, Jr v Commonwealth 08/26/2003
No error in conviction of possession of cocaine with intent
0922032 Mary Agnes McCarthy Johnson v Region Ten Community 08/26/2003
Summary affirmance No error in refusal of benefits or evidence
0971034 Alfred F Howington v Image Works Landscapt Mgmt 08/26/2003
Summary affirmance Claimant failed to prove injury by accident
1017033 Carole E Vance v Lowes of Staunton, et al 08/26/2003
Summary affirmance Claimant did not prove total disability
1724022 Joseph E Beck, III v Stacey Westwood, f/k/a, etc 08/26/2003
Summary affirmance No error in denial of motion to reduce support
0037022 Richard Earl Gillard v Commonwealth of Virginia 08/19/2003
Evidence sufficient to sustain all five convictions
0484033 Montgomery R. Gochenour v Kathleen M. Gochenour 08/19/2003
No err:awarding wife attorney fees; denial of husband continuance
0653033 VA Industrial Service et al v Kenneth Scott Miller 08/19/2003
Summarily affirm: commission did not err claimant filed timely
0905034 Metro Washington Airports et al v. John L. Bispo 08/19/2003
Summarily affirmed: No err medical evidence sufficient
0916031 Larry Barnes v. Norfolk Division of Social Service 08/19/2003
Summarily affirmed; No err in terminating parental rights
1079034 Church Mutual Ins Co v Charles Vincent Shifflett 08/19/2003
Summarily affirm; no err in awarding disability benefits
1982022 VA Alcoholic Beverage Control Board v Little & Tal 08/19/2003
Evidence insufficient to establish a violation of the statute
0302032 ABC v XYZ 08/12/2003
Summarily affirm tc order for father's intensive psycotherapy
0378031 Joann Gibson v Newport News Dept Social Services 08/12/2003
Evidence sufficent to terminate parental rights
0665033 Wellmont Lonesome Pine Hosp et al v Connie Cantor 08/12/2003
Summarily affirm commissions decision evidence sufficient
0666031 Commonwealth v Edwin Louis Green, Jr. 08/12/2003
Tc erred in granting motion to supress evidence
2832022 Waki Lewis, Sr. v Fredericksburg Dept of Soc Svc 08/12/2003
Summarily affirm evidence sufficient to prove child neglect
2913021 Brian Lee Winebarger v Sandra Sulik Winebarger 08/12/2003
Tc erred in reserving spousal support to wife
3276021 Ruth Deard v Riverside Regional Med Center, et al 08/12/2003
No error commissions findings are supported by credible evidence
0536034 Victor Espinoza v Claudia Espinoza 08/05/2003
Summarily affirm:no err in dismissing child support award appeal
0706033 Lowe's Lynchburg, No. 0082 et al v Cynthia Andrews 08/05/2003
Summarily affirm: no commission error evidence sufficient
1490021 Mark Anthony Powell v Commonwealth 08/05/2003
Evidence sufficient to prove possession of a firearm
1947024 John David McBride v Commonwealth 08/05/2003
Evidence sufficient to prove embezzlement
0368034 Peter J. Archuleta v Fanny A. Osco 07/29/2003
Summary affirmance: no error in denying contempt motion
3132024 Despina H. Mileos v Venus Pizza, et. al 07/29/2003
Evidence supports decision to terminate benefits
3329024 Gregory Shaffer v Linda Shaffer 07/29/2003
Divorce decree affirmed;remanded for attorney's fees for wife
0250034 Gwendolyn Sales v Alexandria Dept. Social Services 07/22/2003
Summarily aff. evidence sufficient to terminate parental rights
0365032 Douglas L Miller v State Building Code Technical 07/22/2003
Summ. aff. tc did not err in finding the issue moot
0687033 Fairfax School Board v Cynthia H. Nolden-Thompson 07/22/2003
Summ aff no err: evidence supports Commission's decision
2988023 Daphne Burke Ramsey, f/k/a v Robert E. Clements 07/22/2003
No tc error: evidence supports father having custody
3391023 James Nathan Walker v General Sales Products Corp. 07/22/2003
No error claimant failed to prove he was incapacited
0759031 Commonwealth v Eric Lamont Flythe 07/18/2003
No error in order granting motion to suppress evidence
0445032 Alexander Giles v Richmond Dept. Social Services 07/15/2003
Summ affirm evidence sufficient RDSS explored relative placement
2261024 Girard C. Miller v Lynn E. Miller 07/15/2003
Error in part distribution award
2311021 Antoine Eugene Ridley v Commonwealth 07/15/2003
No error the search was proper, as incident to a law arrest
2483013 Donald Robert Pilcher v Commonwealth 07/15/2003
The "rape shield law" is not an ex post facto law
2606024 Bernice Wilson v Fairfax County Dept. Social Svc 07/15/2003
Evidence sufficient to prove neglect within the statute
2838024 Rebecca Amarantides v John Amarantides 07/15/2003
No tc error: evidence was not properly preserved
0151032 George Henson, Jr. v Goochland Dept. Social Svc 07/08/2003
Summary affirmance tc did not err in ruling lack of jurisdiction
0347024 Filadelfo Gomez v Commonwealth 07/08/2003
No error officers had probable cause
0647033 Estate of Norman Ray Pelfrey v Sam V Sorah T/A Sam 07/08/2003
Summary affirmance no error finding VWCC lacked jurisdiction
0874024 Troy Jacobs v commonwealth 07/08/2003
No error record was admissible as an exception to hearsay rule
1051022 Chickan Lamont Carter v Commonwealth 07/08/2003
Evidence sufficient to prove larceny
1085024 James J. Rorech v Commonwealth 07/08/2003
Evidence prove driving under the influence
1606023 Cathy Denise Saunders v Commonwealth 07/08/2003
Evidence sufficient to prove petit larceny
1821024 Russell Dale Funk, Sr. v Commonwealth 07/08/2003
No error evidence sufficient to prove conviction
2706024 Franklin Monroe Southard, Jr. v Commonwealth 07/08/2003
Merits barred by Rule 5A:18
2780021 Dontae Rashawn Parks v Commonwealth 07/08/2003
No error in use of prior juevnile adjudication as predicate off
2826024 Kelly Elizabeth Klein v George John Klein, Jr. 07/08/2003
No error tc acted within the parameters of its discretion
3085022 William Edward Dance, Jr. v Commonwealth 07/08/2003
Evidence was sufficient to prove intent
3187022 Lois O'Leary v Stephen T Moore 07/08/2003
No error in the denial of visitation
0162032 Stuart Lee Harris v Judy Balance Harris 07/01/2003
Summ aff tc did not err residence was marital property
0318021 Mahtoree L. Bell III v Commonwealth 07/01/2003
No tc error evidence supports the convictions
0499031 Trellis Cafe Restaurant, et al v Jean B Dano 07/01/2003
Summary affirmance evidence support award of benefits
0556031 Ronald Nathaniel Sawyer v Work Clothes Warehouse 07/01/2003
Summ aff appellant did not prove he was entitled to benefits
0743023 Napoleon Bonaparte Broward V v Commonwealth 07/01/2003
Evidence sufficient to prove possession of a firearm
1968022 Herman Openzo Cook v Commonwealth 07/01/2003
No error tc had jurisdiction and evidence supports conviction
2016021 Christopher Michael Carnes v Commonwealth 07/01/2003
No tc error evidence sufficient to convict
2169021 Leon Alfonzo Bowman v Commonwealth 07/01/2003
No tc error evidence prove assault of a police officer conviction
2945022 Chandru M Baxani v Chui Ying C Baxani 07/01/2003
Summ aff no err in equitable distribution/spousal support award
3311021 Gloria S Brown v Va Institute of Marine Science 07/01/2003
Summary affirmance appellant could return to her pre-injury work
3367022 Leslie Dallas Marshall v Jan B Marshall 07/01/2003
Summ aff no Commission error re: overruling husband's exceptions
0233031 Anita Louise Murdaugh v Marshall Elmore Murdaugh 06/24/2003
No tc error in denial of motion to rescind agreement
0362031 Carinma T. Lawson v James R. Lawson, III 06/24/2003
Summary affirmance no tc error in refusing spousal support
1282024 Michael Terry Swick v Commonwealth 06/24/2003
Evidence supports aggravated malicious wounding conviction
1717021 Gregory Warren Fox v Commonwealth 06/24/2003
TC error: improperly excluded a jury instruction
1798023 Jeffrey Austin Barron v Commonwealth 06/24/2003
No error two convictions were appropriate
1868022 Joseph Lamont Nelson v Commonwealth 06/24/2003
Evidence suff to prove use of a firearm in commission of a felony
1903023 Zachary Barth Hamlett v Commonwealth 06/24/2003
Evidence sufficient to prove possession of firearms and cocaine
1939023 Douglas Madison Weeks, Jr. v Commonwealth 06/24/2003
No tc error in denial of motion to strike juror for cause
1957022 Richard Estrada v Commonwealth 06/24/2003
Evidence Sufficient to prove appellant feloniously eluded police
2042021 Marvin D. Dade v Commonwealth 06/24/2003
No tc error evidence sufficient to convict
2091021 Michael Maurice White v Commonwealth 06/24/2003
No error appellant was not illegally seized
2101022 Frank Austin Darby v Allen W. Harvey, etc 06/24/2003
No Commission error appellant was an independent contractor
2140022 Herbert H. Cousins v Commonwealth 06/24/2003
No tc error evidence proved operating a motor vehicle intoxicated
2367021 Norman Joseph Taylor v Commonwealth 06/24/2003
No tc error evidence sufficient to convict
2991024 William Carl Smith v Nina E. Rosen 06/24/2003
No tc error husband liable for educations expenses
2998012 Ray Winkler v Commonwealth of Virginia 06/24/2003
No error in grand/petit larceny charge language suff counts 2 & 4
0117032 Bonita Hansberry v Charlottesville Dept. Social Sv 06/17/2003
Summary affirmance evidence support termination of parental right
0118032 Bonita Hansberry v Charlottesville Dept. Social Sv 06/17/2003
Summary affirmance evidence support termination of parental right
0119032 Bonita Hansberry v Charlottesville Dept. Social Sv 06/17/2003
Summary affirmance evidence support termination of parental right
0120032 Bonita Hansberry v Charlottesville Dept. Social Sv 06/17/2003
Summary affirmance evidence support termination of parental right
0478034 Marcus Anthony Smalls v Bell Corp. of Rochester 06/17/2003
Summ aff. no error:appellant could return to his pre-injury work
0628023 Jerrod Sherrell Jackson v Commonwealth 06/17/2003
Evidence sufficient to prove possession with intent to distribute
1221022 Leon Martin v Commonwealth of Virginia 06/17/2003
No tc error in admitting certificates of analysis into evidence
1288022 Derrick C. Tucker v Commonwealth of Virginia 06/17/2003
No tc error evidence sufficient to support conviction
1290022 Zacharie Pierre Comeau v Commonwealth 06/17/2003
Evidence sufficient to support conviction
1853024 Abdullahi Abdirizak Issak v Commonwealth 06/17/2003
No error in admission of jewelry receipt evidence suff to convict
2943024 Winchester Golf Club, Inc. v Sylvia Marie Schenck 06/17/2003
No error Commission did not abuse its discretion
2944024 Sylvia Marie Schenck v Winchester Golf Club, Inc. 06/17/2003
No error Commission did not abuse its discretion
3084024 Linda Gail Headley v Wendell Gary Jewell 06/17/2003
Summ aff:no tc error declining jurisdiction over petition
3106022 Loudoun County School Board v Lynn Posten Kostecka 06/17/2003
No VWCC error: employer must pay for unauthorized medical care
3317014 Derek McDaniel v Commonwealth of Virginia 06/17/2003
No error evidence sufficient to establish possession of a firearm
0256032 Commonwealth v Elwood F Hamlet, Jr 06/10/2003
Trial court erred in suppressing evidence seized from appellee
0408002 Arthur C Kreiger,II v Commonwealth 06/10/2003
Denial of motion for counsel/transcripts affirmed per en banc opi
0796023 Frank William Freeman v Commonwealth 06/10/2003
No error in conviction of trespass from burglary indictment
3383024 Commonwealth v Charles Edward Hooks 06/10/2003
No error in suppression of statements to police
3397023 Shawn Bradley Holley v Amherst Dept of Soc Service 06/10/2003
Summary affirmance No error in termination of parental rights
0039033 Penny Lee Stanley v Amherst Dept of Soc Services 06/03/2003
Summary affirmance No error in termination of parental rights
0530034 Rich Products Corp, et al v Michael R Steere 06/03/2003
Summary affirmance No error in award of temporary partial benefit
0939021 Elmer Milteer, Jr v Commonwealth 06/03/2003
Evidence supported convictions and revocation of suspended time
0977022 James Kevin Barrett, Sr v Commonwealth 06/03/2003
Officer had reasonable articulable suspicion to justify stop
1623022 Antonio Robinson v Commonwealth 06/03/2003
Relevant elements of aggravated malicious wounding in indictment
2045022 Steven Crespo v Commonwealth 06/03/2003
Evidence supported convictions as principal in second degree
2740024 7-11, Inc, etc v VA Alcoholic Beverage Control Bd 06/03/2003
Summary affirmance No error in suspension of license
3032022 CVS Virginia Dist Inc, et al v Joyce Taylor Owens 06/03/2003
Error in issuing review opinion without ruling on petition
0807023 Juleian Cappell v Commonwealth 05/27/2003
Judgment of trial court revoking suspended sentence is affirmed
3398022 Karen Atkins v Richmond Department of Soc Servs 05/27/2003
Summary affirmance Parental rights properly terminated
3399022 Karen Atkins v Richmond Department of Soc Servs 05/27/2003
Summary affirmance Parental rights properly terminated
0418022 Gerald Chrisopher Carter v Commonwealth 05/20/2003
Police improperly seized contraband and conviction reversed
0533022 Shawn Spratley, s/k/a, etc v Commonwealth 05/20/2003
Evidence sufficient to prove possession of cocaine with intent
3058012 Michael C McCormick, II v Commonwealth 05/20/2003
No error in convictions of malicious wounding and use of firearm
0563023 Samuel Ralph Robinson v Commonwealth 05/13/2003
Felon not allowed under code section to have gun in own backyard
1189022 Kevin Johan Brown v Commonwealth 05/13/2003
Evidence proved intent to defraud Commonwealth when signed notice
2066023 Lynn Graham v Commonwealth 05/13/2003
Summary affirmance Rule 5A:18 bars questions raised on appeal
2853023 Karen Chandler v Staunton-Augusta Dept of Soc Serv 05/13/2003
Summary affirmance No error in termination of parental rights
2854011 Edward Brian Williams v Commonwealth 05/13/2003
Denial of motion to suppress proper as officer had probable cause
2854023 Karen Chandler v Staunton-Augusta Dept of Soc Serv 05/13/2003
Summary affirmance No error in termination of parental rights
2855023 Karen Chandler v Staunton-Augusta Dept of Soc Serv 05/13/2003
Summary affirmance No error in termination of parental rights
2856023 Karen Chandler v Staunton-Augusta Dept of Soc Serv 05/13/2003
Summary affirmance No error in termination of parental rights
0031031 Progressive Driver Services, et al v John Talley 05/06/2003
Summary affirmance No error in award of benefits to claimant
0060031 Jacqueline L Palmer v Support Services of Va, etal 05/06/2003
Summary affirmance No error in finding of collateral estoppel
1416022 Michael Joseph Dotson v Commonwealth 05/06/2003
Conviction reversed as certificate of analysis admitted in error
1484021 Harry E Milner, Jr v Sheril L Milner 05/06/2003
No error in enforcing contractual support obligation in agreement
2193023 Nottoway Corr Center v Minnie Rowland Bradner 05/06/2003
No error in award of compensation benefits to claimant
2937022 Commonwealth v LaJuan Josea Davis 05/06/2003
No error in order granting motion to suppress evidence for murder
3439011 Diaby Mohamed v Commonwealth 05/06/2003
Evidence supports uttering forged public document and obstruction
3489012 Leonard Randolph Brown v Commonwealth 05/06/2003
Evidence of appellant's prior sale of drugs was harmless error
1252021 Jerome A Beale v Commonwealth 04/29/2003
No error in conviction of marital rape
1262022 Nelson Ray Lamb, Jr v Commonwealth 04/29/2003
Evidence sufficient to prove throwing missile at occupied vehicle
1438022 Lewis Iderick Johnson v Commonwealth 04/29/2003
Conviction of possession of cocaine with intent reversed
1764012 Moses Virgil Campbell, Jr v Commonwealth 04/29/2003
Claim raised on appeal procedurally barred under Rule 5A:18
1783021 Edward H Bender v Va Marine Resources Commission 04/29/2003
Summary affirmance Denial of motion for summary judgment proper
2019022 Lewis Iderick Johnson v Commonwealth 04/29/2003
Conviction of possession of cocaine with intent reversed
2050022 Lewis Iderick Johnson v Commonwealth 04/29/2003
Conviction of possession of cocaine with intent reversed
2401012 Albert Maurice Roberts, Jr v Commonwealth 04/29/2003
Claims raised on appeal procedurally barred under Rule 5A:18
2618022 Michael Van Buren v Richmond Dept of Social Servs 04/29/2003
Summary affirmance No error in termination of parental rights
2619022 Michael Van Buren v Richmond Dept of Social Servs 04/29/2003
Summary affirmance No error in termination of parental rights
2620022 Michael Van Buren v Richmond Dept of Social Servs 04/29/2003
Appeal dismissed as no standing to contest termination
2621022 Michael Van Buren v Richmond Dept of Social Servs 04/29/2003
Summary affirmance No error in termination of parental rights
2926023 Hampton Jeff Turner, Jr v Patricia Layman Turner 04/29/2003
Summary affirmance No error in award of spoual support or fees
2940023 Frank L McCray v Samuel W Law, et al 04/29/2003
Summary affirmance Allowing adoption in best interest of children
0085021 Antonio Wilson, Jr v Commonwealth 04/22/2003
Disorderly conduct conviction affirmed, remanded for amendment
0208023 George Lincoln Hopkins, Jr v Commonwealth 04/22/2003
Issue waived under Rule 5A:18 as to error in answer to jury
0349021 Lee Banks Walker v Commonwealth 04/22/2003
Motion to dismiss DUI charge properly denied
0375022 Gus Wells, Jr. v Commonwealth 04/22/2003
Officer had reasonable articulable suspicion to stop appellant
0873022 Eugenia L Mawson v Rappahannock General Hosp, etal 04/22/2003
Commission's denial of benefits affirmed
0978022 Tobias Norrell, s/k/a, etc v Commonwealth 04/22/2003
Evidence proved constructive possession of cocaine in safe
1200021 Kelly Francis Ibanez v Commonwealth 04/22/2003
Officers had probable cause to detain and arrest appellant
1320023 Eric Christopher Moss v Commonwealth 04/22/2003
Circumstantial evidence supports identity at revocation hearing
1687021 Craig Antonio Dawson v Commonwealth 04/22/2003
Evidence proved possession of cocaine
1733022 Janice C Taylor v Harry H Caccia 04/22/2003
Finding Taylor waived entitlement to military benefits proper
1872022 Earl Steven Floyd v Commonwealth 04/22/2003
Evidence proved marijuana grown not for personal use
2480012 Roger Lee Davis v Commonwealth 04/22/2003
Evidence proved maliciously put person's life in peril
2517012 Shavon Jamil Johnson v Commonwealth 04/22/2003
Objection to jury instructions not properly preserved for appeal
2549021 City of Virginia Beach v Marine Resource Commn 04/22/2003
No error in trial court's affirmance of Board's decision
2630021 Scott Ayers v Virginia Marine Resource Commn, etal 04/22/2003
Evidence supported Board's decision
3023012 Dairarei Trendell Brockenbrough v Commonwealth 04/22/2003
Conviction of first degree murder affirmed
3265011 Catherine Palmer v Commonwealth 04/22/2003
Admission of Brown's conviction order was harmless error
0306021 Donte Ward v Commonwealth 04/15/2003
Evidence sufficient to support malicious wounding conviction
0919021 George Bertrum Buskey v Commonwealth 04/15/2003
Evidence supported cruelty to animals conviction
0959023 Edward J Terry v Commonwealth 04/15/2003
No error in finding Code Sec 19.2-294 did not bar conviction
1095021 James Donald Dickenson, II v Commonwealth 04/15/2003
No abuse of discretion in denial of handwriting expert
1689021 Tameka Ann Dunn v Commonwealth 04/15/2003
Conviction of felony parental abduction is affirmed
2236021 Imad Nourdeen v Patricia C Nourdeen 04/15/2003
Trial court lacked jurisdiction to make equitable distribution
2622022 Cassie Van Buren v Richmond Dept of Social Service 04/15/2003
Summary affirmance Parental rights properly terminated
2623022 Cassie Van Buren v Richmond Dept of Social Service 04/15/2003
Summary affirmance Parental rights properly terminated
2624022 Cassie Van Buren v Richmond Dept of Social Service 04/15/2003
Summary affirmance Parental rights properly terminated
2625022 Cassie Van Buren v Richmond Dept of Social Service 04/15/2003
Summary affirmance Parental rights properly terminated
3094022 William Ray Helfer v Va Dept Rehabilitative Servs 04/15/2003
Summary affirmance Claimant failed to prove injury by accident
3310021 Alma R Milbourne-Bush v Gateway, Inc, et al 04/15/2003
Summary affirmance Evidence failed to sustain burden of proof
0470021 Kevin Jarard Martin v Commonwealth 04/08/2003
Convictions as principal in first degree affirmed
0552021 Audry Lawrence Williams, III v Commonwealth 04/08/2003
Convictions as principal in second degree affirmed
0679021 Willie Derwood Dillard v Commonwealth 04/08/2003
No error in denial of post-conviction motions
1060011 Carlton Wendell Duncan v Commonwealth 04/08/2003
On rehearing en banc, conviction reversed and dismissed
2542013 Paul Matthews Holt, III v Commonwealth 04/08/2003
Error in limiting cross-examination of complaining witness
2689023 Wytheville Law Enforcement et al v Jerry E Wheeler 04/08/2003
Award of benefits for occupational disease affirmed
2783021 Herb O Byam v North Star Construction Corp, et al 04/08/2003
Finding that Byam willfully violated known safety rule affirmed
2799013 Jonathan T Ward v Commonwealth 04/08/2003
Evidence insufficient to support petit larceny conviction
2832012 Robert Michael Baber v Commonwealth 04/08/2003
No reversible error in admitting hearsay evidence
3216023 Whole Foods Market, Inc, et al v Sotirios Petrakis 04/08/2003
Summary affirmance Claimant proved remained totally disabled
3246021 CJW Medical Center, et al v Jacqueline V Payne 04/08/2003
Summary affirmance Claimant proved injury by accident
3454011 Kenneth McCoy Bond v Commonwealth 04/08/2003
Evidence sufficient to prove habitual offender conviction
0577022 Jemond Tavares Townes v Commonwealth 04/01/2003
Evidence proved appellant acted with requisite intent to maim
0799021 Kraig Novell Savage v Commonwealth 04/01/2003
No error in denial of motion to suppress evidence from stop
1077022 James Slyvester Jones v Commonwealth 04/01/2003
Error in denial of motion to suppress evidence seized from Jones
1153021 Keona M Lawrence, s/k/a, etc v Commonwealth 04/01/2003
Evidence insufficient to prove possession of firearm with drugs
1310021 Leona T Mander, s/k/a, etc v Commonwealth 04/01/2003
No error in convictions of 3 counts of distribution of cocaine
1432021 Donyell Vonitia Singleton v Commonwealth 04/01/2003
Evidence supported burglary and attempted murder convictions
1524021 Willie Lee Ames v Commonwealth 04/01/2003
Appellant's challenge to motion to suppress barred by Rule 5A:18
2036023 New Energy Bedrooms, Inc et al v Dennis K Flinchum 04/01/2003
No error in award of medical benefits on claim for depression
2675023 Mark D Kidd v Terry Lynn Thomas, et al 04/01/2003
Summary affirmance Arguments raised barred by Rule 5A:18
2901011 William P Robinson, Jr v Commonwealth 04/01/2003
Contempt conviction affirmed, sentence reversed and remanded
2931011 Lester Lee Morris v Commonwealth 04/01/2003
Evidence sufficient to prove conviction of sodomy
2501024 Commonwealth v William D Priester 03/28/2003
Police had reasonable articulable suspicion to conduct detention
0419022 Timothy James Tratzinski v Commonwealth 03/25/2003
Evidence sufficient to support second degree murder conviction
0432024 Quy Thi Nguyen, s/k/a, etc v Commonwealth 03/25/2003
No error in first degree murder and use of firearm convictions
0494022 Mark Anthony Kirby v Commonwealth 03/25/2003
Conviction of felony elude police officer affirmed
1511022 Christopher T Taylor v Commonwealth 03/25/2003
No error in bench trial conviction of reckless driving
1958023 Uninsured Employer's Fund v Tracy Scott Nunn, etal 03/25/2003
No error in finding employer subject to commission's jurisdiction
3062021 Stephen M Massaro v Blue Chip Painting, et al 03/25/2003
Summary affirmance Finding of independent contractor proper
0423024 Thomas C Hilleary v Commonwealth 03/18/2003
No error in modification of sentencing order to comport with plea
0637021 Patricia Ruth Simerson v Commonwealth 03/18/2003
Evidence supported conviction of embezzlement
1281024 Sidney Everett Lovell, Jr v Monica McGuire 03/18/2003
No error in contempt finding for noncompliance with prior order
1596021 Timmy Brown v Commonwealth 03/18/2003
As appellant not sentenced in trial court, appeal dismissed
1901021 Uninsured Employer's Fund v Kevin M Cornelius, et 03/18/2003
No error in finding employer subject to commission jurisdiction
2003021 Michael Frederick Jones v Rebecca Lynn Webb Jones 03/18/2003
No error in conclusion appellee was a domiciliary of Virginia
2749012 Anton Lavelle Webb v Commonwealth 03/18/2003
No error in admitting prior DUI conviction for sentencing purpose
3219021 Clinton Whitehead v Hazel Diane Smith Whitehead 03/18/2003
Summary affirmance No error in divorce decree
0389024 Issac A Fawehimni, s/k/a, etc v Commonwealth 03/11/2003
Evidence sufficient to prove possession of cocaine
0756021 Michael Ellery Tory, s/k/a, etc v Commonwealth 03/11/2003
No error in admission of rebuttal testimony
1155021 Herman William McCullough, Jr v Commonwealth 03/11/2003
Issue raised on appeal procedurally defaulted under Rule 5A:18
1346023 Darrell W Weikle v The Southland Corporation, et a 03/11/2003
No error in denial of claim for benefits for brain injury
1897021 Impact Management Service, et al v Cathy S Forrest 03/11/2003
Evidence insufficient to prove release to pre-injury employment
2110024 Diana M L Turonis v John J Turonis 03/11/2003
Error in calculation of equity in marital residence
2353022 Gregory Joseph Buka v Judith Marie Smith, f/k/a 03/11/2003
Summary affirmance Trial court properly obtained jurisdiction
2381011 Eldon A Valery v Commonwealth 03/11/2003
No abuse of discretion in denying motion to sever on narrow groun
2688023 Afton Inn, et al v Susan I Pforr 03/11/2003
Summary affirmance Chiropractic treatment related to injury
3394011 Jose R Ortega v Commonwealth 03/11/2003
Evidence proved asportation of victim more than in robbery
0309024 Dennis Roger Bourne v Commonwealth 03/04/2003
No trial court error in jury trial convictions
0735021 Eddie Arnold Taylor Jr v Commonwealth 03/04/2003
Evidence proved force, violence or intimidation in robbery conv
0811024 Justin Thomas Brooks v Commonwealth 03/04/2003
Evidence proved possession and requisite intent to distribute
1973023 Jean A Gantt v Barry Gantt 03/04/2003
Summary affirmance No error in divorce proceeding rulings
1989023 Deshazo Oil Company Inc, et al v John H Dillon Jr 03/04/2003
Error in finding condition of employment contributed to injury
2011024 Amherst County Sheriff's, et al v Alvin W Goodwin 03/04/2003
Evidence supports finding employer failed to rebut presumption
2099024 Carol Remington v Global One Communication, et al 03/04/2003
Claim barred by statute of limitations and imposition not proper
2881023 John David Wheeler v Carey Corporation et al 03/04/2003
Summary affirmance Application of res judicata proper
2974014 Lawrence Joseph Walker v Commonwealth 03/04/2003
Evidence did not support proffered accommodation instruction
3359014 Bradford W Cephas, Jr v Commowealth 03/04/2003
No error in admitting breath test certificate of analysis
2308021 Commonwealth v Rodney Courtney Rogers 02/25/2003
Trial court erred in suppressing evidence seized from van
2538024 Chevy Chase Bank F S B, et al v Donald M Johnson 02/25/2003
Summary affirmance Employer's evidence did not sustain burden
2557022 Clarence W Thompson v Calvinna Dickerson 02/25/2003
Summary affirmance Trial court properly granted nonsuit
2723023 Danny Eugene Thompson, Jr v Branch Highways, et al 02/25/2003
Summary affirmance Claimant failed to prove total disability
2766023 Kenneth R Hash v Motivation Coal Company 02/25/2003
Summary affirmance Compensable injury by accident not proven
2843022 Rodney Barnes v Marshalls, Inc, et al 02/25/2003
Summary affirmance Failed to prove condition related to injury
0973021 Gary Wayne Ables v Sonia Rivero, Commissioner, etc 02/19/2003
Decision affirming disposition of founded child abuse proper
0997021 Anthony S Ford v Commonwealth 02/19/2003
No error in denial of motion to suppress statement to police
1381021 James A Crews v Gateway 2000, et al 02/19/2003
No error in finding injury did not arise out of employment
1795021 Agnes V Lanning v Virginia Dept of Transportation 02/19/2003
Parts of decision appealed in this case are affirmed
1812021 Virginia Dept of Transportation v Agnes V Lanning 02/19/2003
Injury was compensable ordinary disease of life; benefits proper
1820022 Ronald L Morissette v Custom Telephone Service 02/19/2003
Commission's application of Rule affirmed
1961024 Grace C Rutledge v E Preston Rutledge 02/19/2003
Summary affirmance Issue raised on appeal barred by Rule 5A:18
2626023 A O Smith Corporation, et al v Linda H Goad 02/19/2003
Summary affirmance Goad proved compensable change in condition
0429023 Jody Daniel Gent v Commonwealth 02/11/2003
No error in trial court's findings on statements by victim
0441021 Glenn Graad Gregory v Commonwealth 02/11/2003
Evidence showed appellant intended to distribute drugs
0636021 Darrell Williams, s/k/a, etc v Commonwealth 02/11/2003
Conviction affirmed as argument granted on appeal not preserved
1518022 Dinwiddie Custodial, et al v Lois J Ferrell 02/11/2003
Award of benefits for physical and psychological injuries proper
1567022 Piccadilly Grill, etc, et al v VA ABC Board 02/11/2003
Revocation of wine and beer license affirmed on procedural ground
1753023 Hardee's of Clintwood, et al v Esther J Robinson 02/11/2003
Two year statute of limitations bars claim
1889022 Johanna Allyn v Hanover County Social Services 02/11/2003
Finding claimant did not provide timely notice to employer proper
1907012 Cristie A Binhammer v Daniel W Reilly 02/11/2003
Trial court's order on partition of marital home affirmed
2430021 Center for Obstetrics etc v Birth-Related Injury 02/11/2003
Decision awarding benefits pursuant to Act affirmed
2478024 Dnyalectric Company et al v Timothy Dean Downing 02/11/2003
Summary affirmance Award of benefits affirmed
2830022 Debra (Walker) Scott v Tony Scott 02/11/2003
Summary affirmance Order dismissing bill of complaint reversed
2123024 Commonwealth v Douglas Edward Marek 02/05/2003
Error in suppressing evidence beyond scope of first warrant
0113022 Willie Haywood Jackson v Commonwealth 02/04/2003
Evidence supported four distribution of cocaine convictions
0390012 Mason S. Thompson v Commonwealth, etc 02/04/2003
Finding of civil contempt and indeterminate sentence affirmed
0761022 Robert Thomas Mangum v Commonwealth 02/04/2003
Evidence of prior sexual relation with child victim proper
1786022 Kern Motor Company Inc, et al v David A Buckley 02/04/2003
Evidence proved carpal tunnel syndrome causally related to work
1843022 Mega Contractors, Inc, et al v John Thomas Burrell 02/04/2003
No error in finding death from accident arising out of employment
2204023 Commonwealth v Michael James Rigney 02/04/2003
Trial court erred in granting motion to suppress statements
2503021 Shore Health Services, Inc v Roberta Jennestreet 02/04/2003
Summary affirmance Claimant proved she remained totally disabled
2560024 Ogden Aviation Services, et al v James Jackson 02/04/2003
Summary affirmance Evidence supported award to claimant
0404023 Shawn Wayne Breeden v Commonwealth 01/28/2003
Evidence insufficient to prove penetration for sodomy conviction
0795023 Mary Parrish Harris v Commonwealth 01/28/2003
Evidence supported felonious escape conviction
0952023 James P. Hart III v Marie Holt Hart (Pratt) 01/28/2003
Judgment of trial court affirmed on all issues
1119024 Fairfax County School Board v Susan Elaine Manola 01/28/2003
VWCC made no findings that treatment was reasonable and necessary
1138024 Susan Elaine Manola v Fairfax County School Board 01/28/2003
Treatment after 7-16-01 no longer necessary and reasonable
1302023 Anthony Terrell Chambers v Commonwealth 01/28/2003
Arguments raised on appeal are procedurally barred by Rule 5A:18
1553023 Sterling R Brickey, Jr v Humphrey's Inc, et al 01/28/2003
Summary affirmance Claimant did not prove injury by accident
1801022 Craig A Knepp v Linda E Niece 01/28/2003
Summary affirmance No error in decision awarding divorce
1870023 Gilbert J Perkey, t/a, etc v Randall Wayne Fridley 01/28/2003
No error in decision VWCC had jurisdiction over claim
2912013 Jeffrey Lynn Coffey v Commonwealth 01/28/2003
Magistrate did not lack probable cause to issue search warrant
0430023 Roy Duran Gravely v Commonwealth 01/21/2003
No error in finding violation of probation and revoking sentence
0542023 Robert Bruce Brown III v Commonwealth 01/21/2003
Evidence sufficient to support grand larceny conviction
1156022 Jaunt, Inc, et al v Harold E Clement, Jr 01/21/2003
Evidence proved injury by accident and adequate marketing
2710012 James Daniel Pressley v Commonwealth 01/21/2003
Limited pat down not in violation of Fourth Amendment
3458013 Kevin Eugene Brown v Commonwealth 01/21/2003
Evidence sufficient to prove distribution of cocaine conviction
0036023 Daniel Matthew Lowe v Commonwealth 01/14/2003
No error in refusal to vacate previous order of another court
0226021 Antonio C Nolen v Commonwealth 01/14/2003
No Brady violation and evidence sufficient to support convictions
0999021 Terry Blackwell v Commonwealth 01/14/2003
Anonymous tip did not provide reasonable articulable suspicion
2360022 Sergeants Pet Products et al v Charles L Harrison 01/14/2003
Summary affirmance No error in award of benefits
3348011 James Douglas Graves Jr v Commonwealth 01/14/2003
Evidence proved constructive possession of drugs in boot
3363013 William Wade Henderson III v Commonwealth 01/14/2003
Evidence proved guilt on attempt robbery and malicious wounding
1899022 Commonwealth v Terrence Linwood Lockett 01/10/2003
Police had reasonable articulable suspicion to detain appellant
1044023 Worksaver Material Handling v Robert L. Epps 01/07/2003
Award of temporary total and temporaty partial benefits proper
1551023 Newport News Shipbuilding v Percell W Salisbury 01/07/2003
Award of certain medical benefits proper
1963012 Robert Dominic Civitello, Sr v Commonwealth 01/07/2003
No error in allowing testimony via closed-circuit television
3453012 Willie Jones, Jr v Commonwealth 01/07/2003
Evidence of conduct prior to robberies proper
0104021 Tremaine Kevin White v Commonwealth 12/31/2002
No error in trial court's finding waiver or rights voluntary
0153022 James A Shelton v Commonwealth 12/31/2002
No probable cause to conduct visual search beneath pants leg
0452021 Justin Emmett English v Commonwealth 12/31/2002
No reversible error in instructing jury could consider character
0675023 Patrick Clay English v Commonwealth 12/31/2002
Evidence supports assault & battery of police officer conviction
0825021 Betty Lou Owen v Dan River, Inc 12/31/2002
Error in decision Owen unjustifiably refused treatment
0883024 Rosa L Chittum, et al v Paula Kay Johnson, et al 12/31/2002
Error in order merging visitation of Chittums with Conley
0884024 Carlton Conley v Larry Chittum, et al 12/31/2002
Error in order merging visitation of Conley with Chittums
0984022 Skip's Auto Parts, et al v Douglas Harrison Cline 12/31/2002
Decision awarding temporary total disability benefits proper
1071022 Peter H Goldmann v Linda M Goldmann 12/31/2002
No reversible error in refusal to terminate spousal support
1100022 Jeremy Jon Curlings v Heavy Fleet Products, et al 12/31/2002
Summary affirmance Request for review not timely filed
1332022 Noel Thomas Wakelyn, Jr v Spain Commerical, et al 12/31/2002
Summary affirmance Evidence did not sustain burden of proof
1352022 School Board City of Norfolk v. Jordan Simon 12/31/2002
Revised memorandum opinion amendment on page 5, second paragraph
1388021 Colonial Williamsburg Foundation v William Bradby 12/31/2002
No error in decision holding employer responsible for expenses
2096022 Virginia Department of Health v Susan Ann Elmore 12/31/2002
Summary affirmance Commission properly invoked jurisdiction
2104022 Terry L Dawes v Great Coastal Express, Inc, et al 12/31/2002
Summary affirmance Evidence did not sustain burden of proof
2120021 Myrtis Sample v McDonald's Store, et al 12/31/2002
Summary affirmance Credible evidence supports findings
2129023 Kathy Faye Phillips v RADA, et al 12/31/2002
Summary affirmance Impairment not caused by sudden shock or frigh
2722011 George Anthony Wyatt v Commonwealth 12/31/2002
No error in denial of motions to suppress and to strike evidence
3019012 Javon Montrell Battle v Commonwealth 12/31/2002
No error in conviction of assaulting a police officer
3063012 Jamar Shante Paxton v Commonwealth 12/31/2002
No reversible error in appellant's convictions
3105012 Kurvyn Darnell Minor v Commonwealth 12/31/2002
Trial court erred in refusing to sever trials
3167012 Robert William Dolan, III v Commonwealth 12/31/2002
Evidence sufficient to support manufacture marijuana conviction
1761021 Commonwealth v Kevin Fuller Purnell 12/23/2002
Officers' entry into residence not unreasonable
0044024 Teddy Woldelassie Araya v Commonwealth 12/17/2002
No error in admitting murder victim's affidavit into evidence
0327022 James Dale Archer v Commonwealth 12/17/2002
DUI conviction proper as checkpoint properly planned and executed
0772014 Akbar Abdul Karim Bilal v Commonwealth 12/17/2002
No error in refusal to give instruction on mutual combat
1072024 Andrew Thomas McGarry v Beverly Brandon McGarry 12/17/2002
No error in finding failure to comply with PSA child support
1272021 Robert L Widgeon v Sandra A Widgeon 12/17/2002
Error in part in divorce decree
2075024 Le N Tran v United Airlines, Inc 12/17/2002
Summary affirmance Evidence did not prove injury by accident
2231012 Jonte Mikell Hembrick v Commonwealth 12/17/2002
No error in convictions of 2 counts of first degree murder
2730014 Maureen Pilar Falo v Commonwealth 12/17/2002
Evidence proved grand larceny as principal in second degree
2892012 Terry Darnell Chism v Commonwealth 12/17/2002
Evidence sufficient to convict for possession of cocaine and guns
3071012 Alexander Almond, Jr v Commonwealth 12/17/2002
Stepmother's testimony properly admitted under recent complaint
3259011 James Artis v Commonwealth 12/17/2002
Evidence proved possession for use of firearm conviction
3448012 Donny Lynn Sprouse, Jr, s/k/a,, etc v Commonwealth 12/17/2002
Evidence proved grand larceny and possession of burglarious tools
3462011 Michelle Lynn Cubitt v Commonwealth 12/17/2002
No error in convictions of driving as habitual offender or dui
0433022 Akeem Jean Wilson v Commonwealth 12/10/2002
Failure to comply with Code Sec 19.2-266.2 bars issue on appeal
0738022 Mark Thomas v Commonwealth 12/10/2002
Evidence proved items stolen and Thomas knew items stolen
1079022 Nina-Gail S Savage v John D Savage, Jr 12/10/2002
Summary affirmance No error in equitable distribution decision
1300012 Medad El Muhammad v Commonwealth 12/10/2002
No error in convictions of robbery and unlawful wounding
1517022 City of Poquoson Law Enforcement v Lou H Hooks 12/10/2002
No error in award of medical and temporary total benefits
1654012 DeCarlos D. Coleman v Commonwealth 12/10/2002
No error in second degree murder and use of firearm convictions
1745023 Candace J M Clatterbuck v Grant Lewis Clatterbuck 12/10/2002
Summary affirmance Handwritten postnuptial agreement binding
1775023 Grant Lewis Clatterbuck v Candace J M Clatterbuck 12/10/2002
Summary affirmance Denial of access to child's records proper
1860021 Diversified Technology, LLC et al v Steve Pancoast 12/10/2002
Summary affirmance Claimant was employee at time of injury
2068024 Travcorp, et al v Faustine I Cooper 12/10/2002
Summary affirmance No error in denial of change in condition app
3221012 Aubrey J El v Dept of Social Servs, etc 12/10/2002
Order finding appellant in arrears on child support proper
0165024 Jeffrey Scott Kibler v Commonwealth 12/03/2002
Evidence proved substantial misconduct for probation revocation
0212022 Antoine Lamont Christian v Commonwealth 12/03/2002
Trial court erred in excluding prior specific acts of victim
0716014 Mark Anthony Lawrence v Commonwealth 12/03/2002
No due process violation in revocation of appellant's probation
0858023 John Thomas Pultz v Robbie Gayle Pultz 12/03/2002
Summary affirmance argument on appeal not raised in trial court
1077012 Phillip Branch v Commonwealth 12/03/2002
On rehearing en banc, judgment of trial court is affirmed
1385014 Mark Anthony Lawrence v Commonwealth 12/03/2002
No due process violation in revocation of appellant's probation
1593022 Commonwealth v Keith Franklin Weeden 12/03/2002
No error in finding officers lacked reasonable suspicion
1594022 Commonwealth v Cedric Anthony Fassett 12/03/2002
No error in finding officers lacked reasonable suspicion
1983022 Philip Morris USA, et al v Robert E Kenney 12/03/2002
Summary affirmance new injury was compensable consequence
2024024 Safeway, Incorporated v Lalit Ram Arya 12/03/2002
Summary affirmance evidence supported award of benefits
2879001 Christopher Cain, s/k/a, etc v Commonwealth 12/03/2002
Order on rehearing en banc, judgment of trial court is affirmed
3330012 Tyrone Allen Patterson v Commonwealth 12/03/2002
Evidence sufficient to prove intent to distribute heroin
3343012 Danyell Jamont Greene, s/k/a, etc v Commonwealth 12/03/2002
No error in conviction of possession of firearm by a felon
1641013 Kiel Turner v Commonwealth 11/26/2002
Jury verdicts convicting appellant proper
1736012 Harry Alphonso Cutchin v Commonwealth 11/26/2002
Motion for mistrial based on voir dire not timely
2201012 Demetrius Jevon Blowe v Commonwealth 11/26/2002
Evidence sufficient to prove possession of heroin
2227014 Steve Starkell v Thomas L Geris & Glenda J Geris 11/26/2002
No error in order granting appellees petition to adopt
2905011 Leslie Nichole Mulligan, s/k/a, etc v Commonwealth 11/26/2002
Err: conviction of obtaining prescription drug by fraud (revised)
3054013 Rosalynn White Spruill v Commonwealth 11/26/2002
Evidence proved appellant aided and abetted actual perpetrator
1828021 Commonwealth v Yaser Mohammed Jawad 11/25/2002
No error in admitting appellant to pre-conviction bail
0127021 Bobchel Williams v Commonwealth 11/19/2002
Evidence supported disorderly conduct conviction
0199024 John Zalusky v Donna Zalusky 11/19/2002
Error in classifying, valuing and equitably distributing property
0224021 Ronald Wright v Commonwealth 11/19/2002
No error in denial of motion to suppress entry onto property
0672024 Karen I Perry v Dwayne N Perry 11/19/2002
No error in equitable distribution award
0731024 Loretta A McManus v Steven J Neuschulz 11/19/2002
Error in division of disputed property using 2001 values
1159024 Fairfax County School Board v Sally R Fish 11/19/2002
Claimant's fibromyalgia causally related to compensable injury
1315022 Carlo Maria Gaione v Martha Fergusson Gaione 11/19/2002
Summary affirmance No error in award of custody or child support
1506024 Julia Dianne Kitzmiller v Pizza Hut, et al 11/19/2002
Summary affirmance Evidence did not prove injury arose out of job
1826024 Christopher B Harrison v L'Auberge Chez Francois 11/19/2002
Summary affirmance No error in denial of change in condition app
2055022 Gail V Sorrell v Chesapeake Bay Agency on Aging 11/19/2002
Summary affirmance Evidence did not prove causal connection
2797012 Anabelis Corrales, s/k/a, etc v Commonwealth 11/19/2002
No error in conviction of second degree murder of newborn baby
0025023 John Raleigh Laprade v Commonwealth 11/12/2002
Officer had probable cause to conduct warrantless search/seizure
0603023 Bliss Wayne Via, Sr.v. Great Coastal Express, Inc. 11/12/2002
Correction pg. 4 second paragraph in should be to
1074023 Thelma Ruth Taylor v Washington County Dept of S S 11/12/2002
Evidence sufficient to support termination of parental rights
1219012 Sean Christopher Boehringer v Commonwealth 11/12/2002
Evidence sufficient to prove possession of cocaine and weapon
2043011 Deborah L Davis v Commonwealth 11/12/2002
No error in denial of motion to suppress as confession voluntary
2944013 Robert Henry Perkins s/k/a etc v Commonwealth 11/12/2002
No double jeopardy violation in unlawful wounding conviction
0355023 Tony Dewayne Patterson v Commonwealth 11/05/2002
Evidence sufficient to prove appellant possessed cocaine
0967014 William Edward Jenkins v Commonwealth 11/05/2002
Evidence proved requisite intent to wound victim
1413024 Robert Douglas Clark v Fluor Daniels et al 11/05/2002
Summary affirmance Evidence did not sustain burden of proof
1562023 George A. Roussel IV v Patricia A Roussel 11/05/2002
Summary affirmance No error in spousal support award
1919021 Grayling N Bryan v Linda A Bryan 11/05/2002
Summary affirmance Rule 5A18 bars consideration of challenges
2128013 Jack Roosevelt Gilbert v Commonwealth 11/05/2002
Evidence sufficient to prove larceny of check
2284011 Tewanda J Smith, s/k/a etc v Commonwealth 11/05/2002
Evidence sufficient to support second degree murder conviction
2570014 Richard Wayne Nuckles v Commonwealth 11/05/2002
Evidence did not prove owner of goods as alleged in indictment
2945011 Roosevelt Green v Commonwealth 11/05/2002
Error in taking judicial notice of age at time of predicate offen
3399013 Trevek Lamane Brooks v Commonwealth 11/05/2002
Evidence sufficient to prove intent to distribute the marijuana
3432013 Kenneth Leroy Prunty v Commonwealth 11/05/2002
Evidence supported receiving stolen property conviction
0661021 Helen M Broccuto v James C Broccuto 10/29/2002
No error in awarding custody of child to appellee
0779023 Thomas L Switzer v Samuel S Smith, et al 10/29/2002
Summary affirmance Issues precluded by Rule 5A18
1017021 Teresa A Williams v Hampton Dept of Social Service 10/29/2002
Summary affirmance No error in changing goal of foster care plan
1102021 William Perry Jr v Hampton Dept of Social Services 10/29/2002
Summary affirmance No error in changing goal of foster care plan
1213021 Commonwealth v Jurl Vincent Sterns 10/29/2002
Order reversed as initial encounter was consensual
1562013 Perry Sylvester Wright v Commonwealth 10/29/2002
Revocation affirmed; remanded to correct clerical error in order
1607024 Allen Burke Easterly v Pamela Jo Easterly 10/29/2002
Summary affirmance No error in division of marital funds
1675014 Paradice Carnell Jackson, II, etc v Commonwealth 10/29/2002
Right to speedy trial not violated; no error in jury instruction
1799012 Robert Neal Jr v Commonwealth 10/29/2002
Evidence proved constructive possession of cocaine in parking lot
2506013 Daryl Landon Carter v Commonwealth 10/29/2002
Evidence not sufficient to prove penetration in sodomy conviction
2643011 Timothy Michael Price v Commonwealth 10/29/2002
No error in trial judge's refusal to recuse himself from hearing
3267013 Jimmy Dale Adkins v Commonwealth 10/29/2002
Evidence proved possession of drugs found in clothing near Adkins
1550022 Commonwealth v Denise Dumont 10/28/2002
Order finding Code Section 18.2-49.1(A) unconstitutional reversed
0348024 David L Forrester v Phyllis E Rienzo-Forrester 10/22/2002
Award of sole legal and physical custody to appellee proper
1069012 Rosalind M Mabry v Commonwealth 10/22/2002
Evidence supported conviction of possession of cocaine
1158022 Spotsylvania Law Enforce v Willard Bates Upshaw 10/22/2002
Summary affirmance finding of res judicata proper
1419024 Kenneth C Birch v Kellam Distributing Company 10/22/2002
Summary affirmance no error in decision of commission
1853012 Joseph Isaac McDonald v Commonwealth 10/22/2002
Refusal to examine sentencing ranges during voir dire proper
2018011 Jason Dale Tuell v Commonwealth 10/22/2002
Evidence insufficient to prove appellant possessed drugs
2357011 Stephen Lowell Hicks, s/k/a, etc v Commonwealth 10/22/2002
No error in denial of Batson challenges to two jurors
2871014 Preston Fisher v Commonwealth 10/22/2002
Evidence proved intent to use/sell/transfer victim's credit card
3064011 Jerry Lee Lewis, Jr v Commonwealth 10/22/2002
Convictions of statutory burglary and petit larceny, 3rd, proper
3266012 Laura T Price v Leon S Price 10/22/2002
No error in refusal to set aside final decree of divorce
0032024 Hongyi Zhou v Bo L Zhou 10/15/2002
Judgment affirmed as record insufficient to determine issues
0760014 Dorothy Mae Johnson v Commonwealth 10/15/2002
No error in revoking suspended sentence for no restitution paid
1328024 Charles Francis Carter v Arlington County Fire Dep 10/15/2002
Summary affirmance evidence did not sustain burden of proof
1618012 Christine Solem and John Coles v Commonwealth 10/15/2002
No error in denial of motions to suppress
1773011 Mark Lee Ward v Commonwealth 10/15/2002
Evidence sufficient in felony obstruction of justice conviction
2422011 William J Cullipher v Commonwealth 10/15/2002
Evidence sufficient to prove statutory burglary and grand larceny
2568011 Timothy Ray Belvin v Commonwealth 10/15/2002
No error in habitual offender conviction
2670014 Christopher Artis Rich v Commonwealth 10/15/2002
Convictions affirmed per Supreme Court case of Commonwealth vHill
2818014 Andre Odell Harris v Commonwealth 10/15/2002
Evidence sufficient to prove cohabitation for assault purposes
0187023 Larry J Neuhs v Denise D Neuhs 10/08/2002
No error in equitable distribution award
0403014 Luis Alberto Navarrette v Commonwealth 10/08/2002
No error in denial of motion to suppress inculpatory statements
0635021 Robert Wayne Ingalls v Julie Ann Ingalls 10/08/2002
No error in denial of motion to reduce amount of spousal support
0676023 Douglas Delton Turner, etc v Commonwealth Bolt et 10/08/2002
Summary affirmance failed to prove injury by accident
0758021 Julie Ann Ingalls v Robert Wayne Ingalls 10/08/2002
No error in denial of motion to increase spousal support payment
0876021 Commonwealth v Louviere Cradle 10/08/2002
No error in trial court's suppression of evidence
0877021 Commonwealth v. Louviere Cradle 10/08/2002
No error in trial court's suppression of evidence
1553012 Margaret Cousins v Commonwealth 10/08/2002
No error in admission of certain evidence in assault trial
1788013 Lenwood Lamont Kirby, III v Commonwealth 10/08/2002
No error in felony conviction of assault and batter family member
1791011 Antoine Leonard Ingram v Commonwealth 10/08/2002
Juvenile appellant not entitled to be sentenced by jury
1825011 Miqueas Ramirez v Commonwealth 10/08/2002
No error in voir dire or refusing to strike juror for cause
1879014 Christopher A. U-Thasoonthorn v. Commonwealth 10/08/2002
Error in instruction that referenced cooling off period
2206014 Robert K Black v Commonwealth 10/08/2002
No error in refusal to merge abduction conviction into robbery
2207012 David Wesley Spencer v Commonwealth 10/08/2002
No error in refusing appellant access to sealed CPS file
2541011 Anthony Druis Ausby, s/k/a, etc v Commonwealth 10/08/2002
Evidence proved knowing and intentional possession of cocaine
2733014 Dwayne Michael Barnhill v Commonwealth 10/08/2002
No error in refusal to instruct jury on voluntary manslaughter
2734012 Eric Michael Jackson v Commonwealth 10/08/2002
No error in denial of motion to suppress
3084011 Quency C Jordan, s/k/a, etc v Commonwealth 10/08/2002
Evidence insufficient to prove constructive possession of cocaine
0163023 W Douglas Drumheller v Sandra Jean Blair Drumhellr 10/01/2002
Error in finding appellant breached premarital agreement
0428021 Norfolk Shipbuilding, etc v James J McCleary 10/01/2002
No error in award of temporary total benefits for disputed times
0704023 Lynchburg Division of Soc Serv v Wanda L Fenimore 10/01/2002
Error in denial of petition to terminate mother's parental rights
1082013 Claude Elmer Frazier, s/k/a, v Commonwealth 10/01/2002
Sufficiency of evidence procedurally barred by Rule 5A:18
1149013 Kion L Davis v Commonwealth 10/01/2002
Evidence proved object carried into bank was deadly weapon
1169022 Ace Carpentry, Inc, et al v Benjamin M Mullins 10/01/2002
Summary affirmance claimant entitled to de facto award
1429013 Marcus Duenas v Commonwealth 10/01/2002
No error in refusal to sever trial from that of codefendants
1483013 Kenneth James Hunter v Commonwealth 10/01/2002
Evidence proved joint constructive possession of the cocaine
1536011 Brandon Keith Jones v Commonwealth 10/01/2002
No error in refusing to suppress statements as not in custody
1794012 Mark Weldon Saunders v Commonwealth 10/01/2002
Evidence supported grand larceny conviction
3400011 Dump Furniture Store, et al v Rita L Holloway 10/01/2002
No error in award of medical and disability benefits
0846022 Skip's Auto Parts, et al v Elisha David Rice 09/24/2002
Summary affirmance no error in commission's decision
0981021 Universal Living, et al v Kurt F Stalcup 09/24/2002
Summary affirmance employers's evidence did not sustain burden
1011012 Haywood Marcus Robinson v Commonwealth 09/24/2002
No error in finding race-neutral explanations for strikes
1349012 Roy Lawrence Latta, Jr v Commonwealth 09/24/2002
No error in denial of motion to suppress confession
1373013 Errick Lee Mitchell v Commonwealth 09/24/2002
No error in officer's testimony on out of court id by victim
1389022 Hardees of Warsaw Village,et al v Linda D Campbell 09/24/2002
Summary affirmance no error in commission's decision
1509013 Robert Lee Brown v Commonwealth 09/24/2002
Based on record, Court finds appellant waived trial by jury
1582011 Edward T Pitchford v Commonwealth 09/24/2002
Evidence sufficient to prove construction possession
1648013 David C Petty v Commonwealth 09/24/2002
No proper proffer of expert's testimony in record
1735023 John J McClure, Jr v Commonwealth 09/24/2002
Summary affirmance appellant failed to prove fraud
1847012 John Edward Cave, Jr v Commonwealth 09/24/2002
Stop of vehicle proper, no error in denial of motion to suppress
1960014 Robert C Grant v Robert C Grant, et al 09/24/2002
No error in reduction of average weekly wage or credit to insurer
2331011 Brandon Clay Nichols, s/k/a v Commonwealth 09/24/2002
Court did not err in refusal to consider plea during sentencing
2419013 Christopher Michael Powell v Commonwealth 09/24/2002
No error in admitting evidence seized after unannounced entry
2717013 Robert Dykes, a/k/a, v Commonwealth 09/24/2002
Evidence sufficient to support constructive possession
2796013 Perry Lee Jones v Mays Electric Company,Inc, et al 09/24/2002
No error in finding injury did not occur in course of employment
0823021 Pamela Wanamaker v Richard Wanamaker 09/17/2002
Summary affirmance no error in denial of change of custody
0835023 Margaret Elaine Ingo v Morton Powder Coatings, et 09/17/2002
Summary affirmance maximum medical improvement not proven
0868022 Directors Distributors Agri Supply v Robert Pugh 09/17/2002
Summary affirmance injury arose out of employment so award proper
0887024 Bernice Wilson v Fairfax County Dept. Family Servs 09/17/2002
Summary affirmance dismissal of case for failure to appear proper
1109023 Hardees of Norton No. 2849 v Lena Marie Stephens 09/17/2002
Summary affirmance carpal tunnel syndrome related to employment
1304023 William Payne Deeds v Team Carriers, Inc, et al 09/17/2002
Summary affirmance current treatment not related to work injury
1700012 George Antoinio Brandon v Commonwealth 09/17/2002
No error in denial of motion to suppress
0270021 Kelly Wilson v James City County Div Social Svc 09/10/2002
Summary affirmance no error in termination of parental rights
0362021 Yolanda C. Wilson v James City County Div Social 09/10/2002
Summary Affirmance no error in termination of parental rights
1385021 Barbara Harper v Virginia Beach Dept. Social Svc 09/10/2002
Summary affirmance no error in termination of parental rights
1290014 Michael Wayne Hash v Commonwealth of Virginia 09/03/2002
No reversible error in capital murder conviction
0028014 Deena Anne Esteban v Commonwealth 08/27/2002
Any error in denial of mens rea instruction harmless
0544011 Wallace Lee Stokes v Commonwealth 08/27/2002
No error in denial of motion to suppress and evidence sufficient
0763023 Hyters Coal Co, Inc, et al v Oral R Bragg 08/27/2002
Summary affirmance no error in award of PTD benefits
0785011 Trevor Tyron Adderly v Commonwealth 08/27/2002
No error in denial of motion to supress
0905024 Jeffrey L Williams v Gloucester Sheriff's Dept, et 08/27/2002
Summary affirmance appellant failed to preserve issues raised
0912022 United Parcel Service, et al v Melinda B Jones 08/27/2002
Summary affirmance no error in award of benefits to appellee
0954021 Newport News Shipbuilding, etc v Joseph W Burnett 08/27/2002
Summary affirmance evidence proved compensable consequence
0969022 Bobby L Monroe, Sr v Piedmont Geriatric Hospital 08/27/2002
Summary affirmance appellant bound by stipulation
2179011 Commonwealth of Virginia, etc v Vincent Richardson 08/27/2002
Error in terminating order retroactively and enjoining arrears
2232011 Scott Allan Ingram, s/k/a v Commonwealth 08/27/2002
Investigatory detention supported by reasonable suspicion
0403022 Steven David Haykin v Susan K D Haykin 08/20/2002
Summary affirmance no error in final decree of divorce
0740014 Calvin Drew Swanigan v Commonwealth 08/20/2002
No error in allowing evidence of appellant's prior bad acts
1400011 Dereck Earl Majette, s/k/a, etc v Commonwealth 08/20/2002
No error in use of victim's transcribed testimony
1677011 Wally Nathaniel Boone v Commonwealth 08/20/2002
Detention of victim not inherent in commission or robbery
1759011 Richard Albert Payne v Commonwealth 08/20/2002
Error in revocation of entire suspended sentences
2195012 Carol H Lee, Sr v Mary Y Lee 08/20/2002
Evidence insufficient to prove adultery as ground for divorce
2303014 Samra Fae Harvey v Commonwealth, etc 08/20/2002
Proffered instruction redundant and properly refused
2469014 Robert S Peck v VEC and Kavita D Ruchandani 08/20/2002
No error in award of unemployment benefits
0090024 Pauline F Wali v Abdul F Wali 08/13/2002
Summary affirmance no error in imputing income to appellant
0561014 Timothy Mark Payne v Commonwealth 08/13/2002
No error in refusal to disqualify juror for cause
0753021 Sentara Norfolk General Hospital v Michael W James 08/13/2002
Summary affirmance injury by accident proved arising out of job
0754021 Shore Life Care at Parksley v Gary Allen Davidson 08/13/2002
Summary affirmance no error in finding injury arose out of job
1754014 John Hanyok v Kathleen Hanyok 08/13/2002
No error in custody, support, visitation, equitable distribution
1898002 Edward Eugene Cox, s/k/a, etc v Commonwealth 08/13/2002
Evidence sufficient to support improper touching of victim
1959014 Timothy J Wilson v Commonwealth 08/13/2002
No error in contempt of court conviction
2306014 John William Kenney v Cathy Andrea Kenney 08/13/2002
Motion to suspend child support properly denied
2790014 Metropolitan Washington Airport v Patrick J Bailey 08/13/2002
Employer failed to rebut occupational disease presumption
0059024 Alexandria Hospital, et al v Meena Munjal 08/06/2002
No error in award of benefits as result of fall at work
0236024 Ole J Melkersen v New Market MetalCraft,etc, et al 08/06/2002
Appellant sole proprietor and notice not timely to insurer
0271024 Thomas Miklovic v Deborah L Napier 08/06/2002
Summary affirmance no error in imputing income to appellant
0280023 Agee's Inc., et al v Kyle Benton McGuire 08/06/2002
Summary affirmance injury by accident and disability proved
0564012 Nakita LaShaun Barnes v Commonwealth 08/06/2002
Error in CW's failure to provide criminal record of its witness
0677023 Donis Ray Cook v Pace Coal Company, et al 08/06/2002
Summary affirmance post 090299 disability not result of injury
0805014 Jermaine Chambers, s/k/a, etc v Commonwealth 08/06/2002
Larceny not lesser-included offense of carjacking
0858012 Joseph Lewis McCoy v Commonwealth 08/06/2002
Evidence insufficient to prove poss of heroin in another's apt
1362014 Michael Joseph Staton v Commonwealth 08/06/2002
Error in admitting reference to child porn found on computer
1574014 Marcella Denise Brown v Commonwealth 08/06/2002
Testimony not scientific evidence and properly not disclosed
1939012 James Edward Mangold v Commonwealth 08/06/2002
No error in admission of e-mail messages or portions of presenten
2015014 Kenneth Wayne Hubble v Terrie Lea Smith Hubble 08/06/2002
Wife entitled to monthly sum in addition to direct allotment
2262014 Jean Hall Rutherfoord, f/k/a, etc v James F Scott 08/06/2002
No error in finding agreement not in best interest of children
2270011 Charles Russell Guy v Commonwealth 08/06/2002
No error in allowing mother to testify to victim's statements
3356012 May Dept. Store Co v CW, DEQ, etc 08/06/2002
Error in judgment affirming DEQ denial of reimbursement
0360014 NICOLAS REYES V COMMONWEALTH OF VIRGINIA 07/30/2002
No reversible error in refusing vol manslaughter instructions
0475023 TAMMY FITZGERALD V MONTGOMERY COUNTY DEPARTMENT 07/30/2002
Summ affirmed evidence supports termination of parental rights
0568012 DEBBIE DENISE FLOYD V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence proved operation of vehicle in dui case
0772022 JESSE L ANDERSON JR V DANA BRAKE PARTS INC 07/30/2002
Summ affirmed not entitled to TTD benefits on termination of job
0880012 AVERY ELTON TAYLOR JR V COMMONWEALTH OF VIRGINIA 07/30/2002
Sufficiency of evidence to support drug & firearm convictions
1266012 ROBERT TERRELL JACKSON V COMMONWEALTH OF VIRGINIA 07/30/2002
sufficiency of evidence to support att mal wounding & revocation
1475011 SHARIF RANI McCOY V COMMONWEALTH OF VIRGINIA 07/30/2002
No abuse of discretion in sentence imposed or revocation
1516011 WILLIE HARVEY MIDDLEBROOKS JR V COMMONWEALTH 07/30/2002
Error in alowing CW to impeach w/prior juvenile adjudications
1920011 DEION COLLINS V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence proved presence character dominion control of marijuana
2101011 RICHARD BROWN SKA RICHARD LEE BROWN V COMMONWEALTH 07/30/2002
Requisite elements of offenses established w/out victim testimony
2183011 ERVIN McCOY HARRIS V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence established possession of cocaine & marijuana
2466002 JOSHUA DARNELL PERRY V COMMONWEALTH 07/30/2002
Consent to search not voluntarily given-error in denial of motion
2647012 JERMAINE ORSON YANCEY V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence supported unlawful taking
2792002 JOHN E WOODWARD V COMMONWEALTH OF VIRGINIA 07/30/2002
Argument on jury instruction barred by Rule 5A:18
2886011 KENNETH F WINSTON V COMMONWEALTH OF VIRGINIA 07/30/2002
Motion to strike properly denied as evidence sufficient
2977011 DEWAYNE BRAVELETT ELLIS V COMMONWEALTH OF VIRGINIA 07/30/2002
Evidence proved constructive possession of firearm
3107012 LESLIE PARKER CARWILE V SANDRA M CARVILE 07/30/2002
Appeal dismissed need transcript of ore tenus hearing
0140012 Marvin George May v Commonwealth 07/23/2002
TC did not error in response to jury instruction
0491012 Barbara Jane Smith v Commonwealth 07/23/2002
TC error in excluding evidence no double jeopardy violation
0492012 Charles Paul Smith Jr v Commonwealth 07/23/2002
no TC error evidence sufficient to support conviction
1029013 Michael Charles Fries v Patricia Ann Kelly Fries 07/23/2002
subsequent granted rehearing en banc
1198012 David Wayne Murphy v Commonwealth 07/23/2002
insuff convic statutory burglary and suff convic grand larceny
1856012 Susan W Kreiter v Victor W Kreiter Jr 07/23/2002
TC error re att revocation of psa;no duress
1886011 Robert Wayne DeHaven v Commonwealth 07/23/2002
sufficient evidence to support conspiracy
3025013 Thomas L Switzer v Samuel S Smith Jody B Smith 07/23/2002
no constitutional errors committed by the TC
3043012 Saundra L Ash v Raymond D Ash 07/23/2002
TC did not error on consideration of late filing by the wife
0388022 Patricia F. Mills v Falling Creek Sportswear, Inc. 07/16/2002
summary affirmance;claim precluded by statute of limitations
0641012 Teresa Rena McClung v Commonwealth 07/16/2002
Rule 5A:18 bars challenge to suff. of evidence
0917014 Louis Scott Hudson v Commonwealth 07/16/2002
evidence not sufficient to support second degree murder conv.
1850011 Gary Clements Ridley v Commonwealth 07/16/2002
evidence suff. to support convictions
1865012 George Tyrone Hutchinson, aka etc. v Commonwealth 07/16/2002
tc did not err in finding evidence sufficient to support convs.
2083011 Hodges Anthony Upshur v Commonwealth 07/16/2002
tc did not err in refusing proffered instructions
2426013 Reggie Gerald Wilson v Commonwealth 07/16/2002
evidence sufficient to support chain of custody
2577001 Andre Barbosa v Commonwealth 07/16/2002
tc did not err in refusing jury instruction on self-defense
0344021 Commonwealth v Michael Anthony Morris 07/15/2002
tc erred in order suppressing voluntary statements
0427021 Commonwealth v Thomas Allen Stormer 07/12/2002
tc erred in not making finding re consent to search
0118024 Jeffrey Bothen v Virginia DSS 07/09/2002
Sufficient evidence to support child neglect finding
2145012 James Edgar Talbert, III v Commonwealth 07/09/2002
Sufficient evidence, murder, use of firearm
2902012 Bobby W. Nelson v Grace V Nelson 07/09/2002
spousal support
3225012 Vernon Tyrone Curtis v Commonwealth 07/09/2002
Sufficient evidence to support petit larceny conviction
0249023 Roy Travis Blankenship v CSI/Archstone, etc. 07/02/2002
VWCC didn't err in causation finding; after-discovered evidence
1184012 Steven Joel Weinstein v Commonwealth 07/02/2002
tc didn't err in refusing to grant mistrial & sufficiency of evi.
1615012 Christopher Edward Harris v Commonwealth 07/02/2002
appellant operated car in presence of officer; misd. in presence
1805012 Joseph T. Buxton, et al. v Roger A. Murch, et al. 07/02/2002
civil contempt; tc did not err in finding & awarding atty fees
2077014 Mary Kathleen Hill v William John Hill, Sr. 07/02/2002
appellee did not willfully violate final decree of psa
2738012 Jamie Maurice Stokes v Commonwealth 07/02/2002
sufficiency of evidence re robbery conviction
0049024 Carl Edward Lord v Debra K. Lord 06/25/2002
Summarily affirmed; tc awarding protective order against husband`
0367012 Timothy Leon Jones v Commonwealth of Virginia 06/25/2002
TC err;tc improperly commented to jury on qual.& suff. of CW evid
1201982 Michael Allen v Commonwealth of Virginia 06/25/2002
No TC err: appellant sought no relief from TC; contentions barred
1405012 Marco Lance Martin c Commonwealth of Virginia 06/25/2002
No TC err:jury finding malice not plainly wrong beyond reas.doubt
2329012 Gary Santos Guzman v Commonwealth of Virginia 06/25/2002
No TC err: Evidence sufficient to convict for assault & battery
3361012 Michael Anthony Norman v Delmarva Sash & Door, etc 06/25/2002
Summarily affirmed;no inj. by accident arising out of employment
3426014 John C. Chao v Diana L. Wolf 06/25/2002
Summarily affirmed; tc granting wife's demurrer no error by tc
0593012 Patrick Noel Creed v Commonwealth of Virginia 06/18/2002
Evidence sufficient to support convictions of agg.sexual battery
0984012 Michael D. Jarrell v Commonwealth of Virginia 06/18/2002
Evid.suff.to support convictions for agg.sexual battery/admit evi
1532014 Russell Street v Commonwealth of Virginia 06/18/2002
Insufficient evid. to prove value of vehicle taken exceeded $200
1586012 Herman Lee Jones, Jr. v Commonwealth of Virginia 06/18/2002
No TC error: denial of motion to suppress offending drugs
2391012 Warren Lewis Baker v Commonwealth of Virginia 06/18/2002
Insufficient evidence to convict for grand larceny of automobile
2740012 Muguet S. Martin v Christopher Martin 06/18/2002
No TC err:striking evid./denying petition for perm.protect.order
3322012 Mary Agnes Jopseh Terry v Richmond DSS 06/18/2002
No TC err: evid. supports involuntary term. of parental rights
0174022 Rodney Lushbaugh v Richmond Dep't of Social Svcs 06/11/2002
Summarily affirmed: termination of parental rights
1328014 Leocade Leighton v Virginia Dep't of Health, etc 06/11/2002
No TC err: Leighton was not "party aggrieved" - had no standing
1380014 Lakisha R. Smith v Commonwealth of Virginia 06/11/2002
Evidence suff. to support conviction of voluntary manslaughter
1478012 Ian Kenneth Ackerman v Carol M. Pfeiffer, n/k/a 06/11/2002
No TC err:parties intention for marital share of retirement acct
1496012 Thomas A. Wyant v Commonwealth of Virginia 06/11/2002
Appeal dismissed;defendant failed to provide sufficient record
1619012 William James Ellison v Comonwealth of Virginia 06/11/2002
TC err: search was conducted after consent was withdrawn
1806012 Thang Due Nguyen v Commonwealth of Virginia 06/11/2002
No TC err:refusing to allow evid./overruling motion for mistrial
3065012 John Edward Jenkins v Dynatran, Inc.and Zurich Ins 06/11/2002
No WC err:clmt failed to submit claim within 2 years of accident
0109022 Tahoura Simpson v Richmond Department of Social Sv 06/04/2002
Summarily affirmed; termination of parental rights
0156022 Commonwealth of VA v Jawescamel Lajuan Terry 06/04/2002
TC err:reverse decision to supp.their use as evid.;no ill.search
0353022 Commonwealth of Virginia v Stephen Antoine Terry 06/04/2002
TC err:decision reversed to suppress use as evid.;no ill.search
0750014 Jonathan Kim v Commonwealth of Virginia 06/04/2002
No TC err: motion to suppress properly denied
1054014 Vesselin A. Panajotov v Commonwealth of Virginia 06/04/2002
Evidence sufficient to prove appellant knew property was stolen
2777001 Phys.Therapy Works, Inc. v VEC & Carla Kinsman 05/28/2002
Upon rehear.en banc, 10-16-01 mandate is vacated; judgment rev'd.
2850002 Itemus Wilson v Commonwealth of VA 05/28/2002
Convs. burglary, petit larceny and tampering aff'd.
2966002 Norman Major Allen v Commonwealth of VA 05/28/2002
Conv. possession cocaine rev'd; unlawful search & seizure.
3010002 Toonya Michlle Clary v Commonwealth of VA 05/28/2002
Conv. forgery and uttering aff'd; evid. proved identity as perp.
3062002 David W. Fogg v Commonwealth of VA 05/28/2002
Conv. 2nd deg. murder rev'd & remanded; TC err in jury inst.
1549012 Ronald Irving Mitchell v Commonwealth of VA 05/21/2002
Conv. grand larceny aff'd; evid. sufficient to prove item's value
1680012 Charles Corey Robinson v Commonwealth of VA 05/21/2002
Conv. possession cocaine affirmed; search/seizure legal.
2258012 Alonzo L. Williams v Commonwealth of VA 05/21/2002
Conv. forcible sodomy aff'd; life sentence not prejudicial.
3062012 Commonwealth v Quincy Brown s/k/a Q. Jamil Brown 05/21/2002
Convs. murder, attempted murder, carjacking and robbery aff'd.
0531014 Andrew Vitkow v Commonwealth of VA 05/14/2002
Probation revocation dec. aff'd; remand to clarify sentence..
0898012 Kimberly Elaine Brooks v Commonwealth of VA 05/14/2002
Conv. attempted malicious wounding aff'd; evidence sufficient.
0934012 Bernard Lester Waller a/k/a Bernard Rease v CW 05/14/2002
Conv. using false name and SSN on voter registration reversed.
1209012 Andrew Burney v Commonwealth of VA 05/14/2002
Conv. possession heroin aff'd; no illegal search was made.
1428012 Margaret Mae Meadors v Commonwealth of VA 05/14/2002
Conv. grand larceny rev'd & dismissed; evidence insufficient.
2488012 United Parcel Service et al. v Douglas J. Wheeler 05/14/2002
WCC award of benefits for total knee replacement affirmed.
2747012 Hercules, Inc. and Aqualon Co. v Allen W. McLean 05/14/2002
WCC award of benefits to complainant affirmed.
0262012 James Junior Fountain v Commonwealth of VA 05/07/2002
Conv. possession of firearm after felony aff'd; evid. sufficient.
0708011 Robert Lee Freeman v Commonwealth of VA 05/07/2002
Conv. grand larceny/vehicle rev'd & dismissed; evid. insufficient
1078012 Carl Edward Warren, Jr. v Commonwealth of VA 05/07/2002
Convs. petit larceny & credit card theft aff'd; evid. sufficient.
1588012 Latif Racquel Khaliq v Commonwealth of VA 05/07/2002
Conv. of misdemeanor escape from custody dismissed.
1848014 Kevin B. Carr v Mary Ellen Carr 05/07/2002
No TC error in valuation of business; award of spousal/child supt
1899013 Dan River, Inc. v Teresa G. Morrison 05/07/2002
WCC award of benefits reversed; injury did not arise from employ.
2064014 Gloria B. Jenkins v Nat'l Fruit Product Co. et al. 05/07/2002
WCC dec. aff'd; accident arose out of employment.
2297013 Toby S. Blevins v Kate Reid Blevins 05/07/2002
TC division of marital property affirmed.
2722003 Derrick Eugene Baldwin v Commonwealth of VA 05/07/2002
TC revocation of suspended sentence affirmed.
3472012 Suggs Carpet Installation et al. v Joseph W. Suggs 05/07/2002
Summarily aff'd; WCC award of benefits affirmed.
0074012 Elliott Nathaniel Miles v Commonwealth of VA 04/30/2002
Conv. possessing a firearm by felon affirmed;
0468014 Melvin Antonio Alston v Commonwealth of VA 04/30/2002
Conv. breaking/entering aff'd; evid. suff. to prove intent to rob
0679013 John Trevor Vilacha v Commonwealth of VA 04/30/2002
Conv. poss/cocaine rev'd; evid. insuff to prove constructive poss
1024012 Gregory Wayne Toney v Commonwealth of VA 04/30/2002
Convs. grand larceny & statutory burglary aff'd; evid. sufficient
1031012 Jerome Lee Woodson, Jr. v Commonwealth of VA 04/30/2002
Conv. poss/cocaine rev'd/remanded; search violated Fourth Amend.
2030001 Keith Lamonte Hill v Commonwealth of VA 04/30/2002
Convs. credit card forgery affirmed; evid. sufficient.
2058011 Randolph E. Jennings v Edith V. Jennings 04/30/2002
Terms of PSA incorporated into Final Decree affirmed.
2243014 Charter Integrated Services et al. v Richard Skoff 04/30/2002
WCC award aff'd; evidence supports causal connection to injury.
2460012 Wrangler, Inc. v Mary V. Coxson 04/30/2002
WCC decision to compensate claimant for med. expenses affirmed.
2484012 Shannon L. Keeter-Sherlock v Kevin R. Sherlock 04/30/2002
Summarily aff'd; separation agmt valid; not obtained by fraud.
3091011 Shellie Billingsley v Richard Billingsley 04/30/2002
No TC abuse of discretion by ceding juris. to Washington State.
3179011 Frederick M. Saxton v Sherri J. Saxton 04/30/2002
No TC error in division of property.
3237014 Walter Daniel Banit v Janell Christine Banit 04/30/2002
No TC error in granting petition to change custody/relocate to CA
0060014 Russell Edward Peverell v Karen Faye Conder Eskew 04/23/2002
Custody/support aff'd in part; rev'd/remand in part; rev'd/vacate
1205013 Sonja Fizer Hickson v Commonwealth of VA 04/23/2002
Conv. involuntary manslaughter & felony child abuse affirmed.
1869013 Sonja Fizer Hickson v Commonwealth of VA 04/23/2002
Convs. involuntary manslaughter & felony child abuse affirmed.
2349012 Raymond Earl Holt, Jr. v Drucker and Faulk, Inc. 04/23/2002
WCC award of benefits to claimant aff'd; injury compensable.
2456012 Drucker and Faulk, Inc. v Raymond Earl Holt, Jr. 04/23/2002
WCC award of med. benefits to claimant aff'd; injury compensable.
2645002 Muriel Louise Morrison v Commonwealth of VA 04/23/2002
Conv. assault/battery of law enf. officer aff'd; evid. sufficient
1577014 Anthony A. Sanchez v Melanie Sanchez 04/16/2002
Rule 5A:18 precludes consideration of issue on appeal;TC affirmed
2318013 Clinton Felton Jefferson v Servitex, Inc., et al. 04/16/2002
No WCC err: finding clmt failed to market residual work capacity
2724011 Tamena Wilson v Antoine Wilson 04/16/2002
Summarily affirmed;denying exceptions, refusing to continue etc
2816012 Rita F. Shifflett v Conagra Frozen Foods 04/16/2002
Summarily affirmed; injury by accident; problems related
3345013 Williams Equipment Corporation, et al.v Register 04/16/2002
Summarily affirmed; surgeries were medically reasonable & necess.
0552011 Kenny Murphy v Commonwealth of VA 04/09/2002
Revocation of suspended sentence aff'd; no violation of 19.2-259.
1085011 Emanuel Donta Holley s/k/a v Commonwealth of VA 04/09/2002
Conv. possession cocaine affirmed; evid. suff. to prove intent.
1150013 Amanda Loving Barr v Commonwealth of VA 04/09/2002
Forgery convictions affirmed; misnomer on indictment not relevant
1216011 Stacey W. Johnson v Commonwealth of VA 04/09/2002
Conv. accessory after the fact/burglary aff'd; evid. sufficient.
1317011 Vincent DePaul Medley a/k/a v Commonwealth of VA 04/09/2002
Arson conviction aff'd; evid. sufficient to support conviction.
1880011 Jirina Horvathova Newland v Charles Newland 04/09/2002
Final decree aff'd; no evidentiary errors made by comm. chancery.
1942013 Sonny James Turner v Commonwealth of VA 04/09/2002
Conv. 3rd offense petit larceny aff'd; circumstantial evid. suff.
2090002 David L. Veney (s/k/a Daniel) v Commonwealth of VA 04/09/2002
Search/seizure under plain view exception/4th Amend. permissable.
3065003 Kim Novell Rankin v Commonwealth of VA 04/09/2002
Conviction forcible rape of stepdaughter aff'd; evidence suff.
3140012 Quebecor Printing, Inc. et al. v Lesa W. Simms 04/09/2002
WCC award summarily aff'd; knee injury compensable.
3253013 The Goodyear Tire & Rubber Co. v Lynn W. McGinnis 04/09/2002
WCC award affirmed; claimant proved causal connection of injury.
1095012 Frances B. Crutchfield v State Water Control Board 04/02/2002
TC dec. rev'd; appellants have standing to file action; remanded.
1170013 Shariff Al'Malik v Commonwealth of VA 04/02/2002
Perjury conviction aff'd; evid. suff. to establish venue.
1208014 Louis E. Metcalf, Jr. v Claire K. Metcalf 04/02/2002
Contempt charge dismissed; TC abused discretion.
1211013 Tonya Hillman v Commonwealth of VA 04/02/2002
Convs. cruelty animals affirmed; no double jeopardy issues.
1424012 Tiffany Shakeya Pollard v Commonwealth of VA 04/02/2002
Robbery conviction affirmed; evidence sufficient to convict.
1944013 James Richard Flippen, Jr. v Commonwealth of VA 04/02/2002
Conv. assault aff'd; case remanded to correct clerical errors.
2293013 James E. Berger v Dalton Lumber Corp et al. 04/02/2002
WCC dec. aff'd; no error in finding Dalton not statutory employer
2345013 Sandra S. Burress v Hubbell Lighting, Inc. 04/02/2002
WCC dec. affirmed; employer not responsible for carpal tunnel.
2592013 Gordon N. Dempsey v Real Estate Appraiser Board 04/02/2002
Summarily aff'd; revocation of real estate appraiser license affd
2697013 Sue Ann Lane v Alcoa Building Products et al. 04/02/2002
Summarily aff'd; appellant failed to prove total disability.
2831003 Ampazzio Walleti Warren v Commonwealth of VA 04/02/2002
Conv. poss/intent aff'd; no err in not instructing jury on parole
2906013 Gloria Ann Blankenship v Total Home Care et al. 04/02/2002
WCC dec. summarily aff'd; claimant did not seek timely review.
2911013 Wanda Kay Pilkinton v Gary Lee Pilkinton 04/02/2002
Divorce on grounds of adultery affirmed; evid. proved residency..
2957014 Olga Lukashevsky v Igor Bakhir 04/02/2002
Summarily aff'd; appellant held in contempt for failure/pay suppt
3092013 Moyer Elvin Allen, Jr. v Joanne Smith Holt Allen 04/02/2002
Summarily aff'd; award of money judgment for property loss aff'd.
1819012 Tonya Woodward v Greene Co. Dept. Social Services 03/26/2002
Summarily aff'd; no TC err in terminating residual parental right
1889002 William Diamond Cheeks v Commonwealth of VA 03/26/2002
Upon Rehearing En Banc, Oct. 16, 2001 mandate vacated; TC aff'd..
2052013 Terry Lee Jackson v Commonwealth of VA 03/26/2002
Conviction possession cocaine aff'd; evid. suff. construct. poss.
2230012 Gordon R. Trice (Deceased) v James A. Thomas Co. 03/26/2002
No WCC err in ruling fatal accident didn't occur in course/employ
0729014 Vicki R. Mabie v Richard E. Mabie 03/19/2002
Decree aff'd; no abuse of discretion denying permanent spous/supt
0974014 Rosemarie Dorer v Feroz R. Siddiqui, Sr. 03/19/2002
No TC (circuit) error in holding it lacked subject matter juris.
1056011 Sterling H. Weaver v Commonwealth of Virginia 03/19/2002
Attorney's conv. for crim. contempt/obstruction rev'd/dismissed.
1125014 Washington Metro Transit Auth v. Kennedy T. Luong 03/19/2002
WCC award of temporary partial disability benefits affirmed.
1321014 Kathleen D. (Kervin) Diamond v Barry R. Diamond 03/19/2002
Issues consolidated w/ 1327014. No err in bus. valuation/atty fee
1327014 Barry Roger Diamond v Kathleen D. (Kervin) Diamond 03/19/2002
Issues consolidated w/ 1321014; no err in bus. valuation/atty fee
1726014 Tradesmen International, Inc. et al. v Gary T. Cox 03/19/2002
WCC award aff'd; no WCC error in interpreting Rule 1.4(C).
1822012 Geith, Inc./Comm. Union Ins. v Dale E. Wilborne. 03/19/2002
WCC award temp. total dis. benef. rev'd; inj. not out of employ..
2337011 Ashley W. Reid v Controlled Conditions Corp et al. 03/19/2002
WCC dec. denying additional benefits/change in cond. affirmed.
2398011 Kandie Huffman Law v William Ford Law, Sr. 03/19/2002
TC dec. incorporating parties' marial sep. agrmt. aff'd; binding.
2910014 Derrick Dehaney v City of Winchester Dept Soc Svcs 03/19/2002
Summarily aff'd re: termination of residual parental rights.
0136014 Eric Keys v Commonwealth of VA 03/12/2002
Conv. aff'd; request for "Weimer" hearing not properly preserved.
0139012 Michael Bell (Shelton Bell) v Commonwealth of VA 03/12/2002
Evid. insufficient to convict; reversed and indictments dismissed
0485014 Christina Merea Bailey v Commonwealth of VA 03/12/2002
Aff'd; evid. sufficient to convict grand larceny in bench trial..
0907014 Dee Edward Newland, Jr. v Georgeen M. Newland 03/12/2002
Rev'd/remand; private sch. tuition not child care exp./guidelines
1294014 Jhovanna G. Rocha v Falcon's Landing/Ace Amer. INS 03/12/2002
WCC dec. aff'd; claimant failed to market residual work capacity.
1558014 Charles Elton Murphy v Commonwealth of VA / DMV 03/12/2002
WCC dec. aff'd; claimaint not member of SPORS/police off. retire
1871012 Charles Michael Veliky v Sara T. Veliky 03/12/2002
Property agm't & support aff'd; issues not properly preserved.
1882012 Frank E. Biviano v Faith V. Kenny (f/k/a Biviano) 03/12/2002
Equitable dist. order aff'd in part, rev'd in part, remanded.
2074012 David Bryan Frantz v Leona Carol Phillips Frantz 03/12/2002
Summarily aff'd; no TC error regarding real estate settlement..
2185013 Huffmon R. Elliott v James L. Neighbors & Erie INS 03/12/2002
Summarily aff'd; multiple issues not properly preserved on appeal
2288012 Jean E. Attard v Anthony J. Attard 03/12/2002
Summarily aff'd; TC grants unsupervised visits with father.
2958004 Candice Miles v Commonwealth of Virginia 03/12/2002
Evid. suff. to convict for felony embezzlement/+$200 Waldenbooks
2995013 Lena D. Clay v Tultex Corp. & Underwriters Safety 03/12/2002
Summarily aff'd; claimant failed to prove change in condition.
0147014 Joe R. Jackson, s/k/a Joe Ralph Jackson v CW 03/05/2002
Evid.suff.to support conv.of driving under influence 3rd/sub.off.
0554012 George Harrison Seymour v Sharon Lee Seymour 03/05/2002
No TC err:husband didn't meet burden of providing just.for no pay
0710012 Alvin Quash v Marjorie S. Quash 03/05/2002
Evidence supports TC's ruling that divided all assets equally, et
0988011 Arthur P. Knox v Commonwealth of Virginia 03/05/2002
Denial of mtn to supp error;consent search consensual;search not
1335012 Dennis Lewis v Arby's of Emporia and TIG Indemnity 03/05/2002
No WCC error re: injury not caused by workplace
1388013 Tazewell Co.DSS, Bobby Webb & Sandra Webb v Boothe 03/05/2002
TC error: Consent in signing entrustment agreement not voluntary
2241003 Hugh Kevin Wooddell v Commonwealth of Virginia 03/05/2002
No TC err: CW didn't fail to provide excul.evid/no viol of Rules
2768011 Newport News Ship.& Dry Dock v Dennis E. Emerson 03/05/2002
Summarily affirmed; Employers recovery for credit for vol. pymts
2866012 Sharon Kay Dalton v Dept of ABC/Commonwealth of VA 03/05/2002
Summarily affirmed;Failed to prove equit.estoppel/doc. imposition
2904013 Dickenson Co. Sch. Bd, et al. v Eula Charlene Witt 03/05/2002
Summarily affirmed; Claimant justified in refusing select.employ.
2929002 Trisha Dawn Arnold v Commonwealth of Virginia 03/05/2002
Insuff.evidence of being accessory before fact to poss.cocaine,et
0204012 Ronald Oliver Sheppard v Commonwealth of Virginia 02/26/2002
Insuff.evid.to support check stolen; conv.rev./indict.dismissed
0935012 W. Bryan Settle v Geraldine H. Settle 02/26/2002
No TC err: spousal support and attorney's fees to wife
1120013 Raynham T. Heard v Janice A. Heard 02/26/2002
No TC error: remand to JD&R was consistent w/ Code 16.1-298(A)
1393012 Deborah M. Fickett v George L. Fickett 02/26/2002
We award divorce and denial of spousal support; case remanded
1790003 William Ted Wade v Commonwealth of Virginia 02/26/2002
No TC err: denial of motion for new sentencing hearing
1992011 Tracey A. Larkin v Holiday Inn Executive Center,et 02/26/2002
WCC correctly calculated overpayments in issue & ordered recovery
2557002 Jaquane Antre Hines v Commonwealth of Virginia 02/26/2002
Evidence suff.to support charges of enter vending machine/coins
2565013 Crystal McMillon v Carroll Co. Dep't of Social Svc 02/26/2002
Summarily affirmed; termination of parental rights
2715012 City of Danville School Board, etc.v Bonnie Watson 02/26/2002
Summarily affirmed; calculation of average weekly wage
2741012 Commonwealth of Virginia v Robert Lee Brown 02/26/2002
TC err: brief stop & limited questioning don't violate 4th & 5th
2752001 Armard Rashad Smith v Commonwealth of Virginia 02/26/2002
No TC err:defendant clearly guilty; conv.free of Griffin's error
3023003 James Edward Johnson, s/k/a, etc. v Commonwealth 02/26/2002
No TC err: excluding an overheard statement to contradict witness
0279012 Alonzo Claiborne v Commonwealth of Virginia 02/19/2002
Conv. poss cocaine w/int/dist rev'd; remand/resent. on poss. only
0292012 Floyd White v Commonwealth of VA 02/19/2002
Conv. rev'd/remand; TC err in refusing Batson review after motion
0556013 Paul Dwain Barts v Commonwealth of VA 02/19/2002
Conv. burglary rev'd; dismissed; house not a "dwelling" house.
1597013 Dominic R. Medure v Claudia C. Medure 02/19/2002
TC error re: div. of assets; Rule 1:1; no TC juris. after 21 days
1623004 Joseph Donald Thorpe, Jr. v Commonwealth of VA 02/19/2002
No TC error in revoking suspended sentence and probation.
2084001 Calvin Austin Hargrove v Commonwealth of VA 02/19/2002
Conv. poss. cocaine with int/dist aff'd; evid. sufficient to conv
2457014 AT&T Corporation v Robin Roxanne Vanskiver 02/19/2002
No WCC error in finding injury causually related to employment.
2666013 Washington Co. Serv. Auth. et al v Douglas Trivitt 02/19/2002
Summarily aff'd; injury by accident arose from employment..
2798001 Rasheen Malone (s/k/a Rasheen S.) v Commonwealth 02/19/2002
Robbery conviction aff'd; evidence sufficient to support convict.
2821004 Alhasane A. Soumah v Commonwealth of VA 02/19/2002
Conv. malicious wound. aff'd; No TC err in exclud. impeached evid
3022002 James Edward Smith, Jr. v Commonwealth of VA 02/19/2002
Conv. poss/cocaine aff'd; no 4th Amend. seizure violation.
0190012 Levon Denard Cooper v Commonwealth of VA 02/12/2002
Conv. grand larceny auto aff'd; evidence sufficient to convict.
0336012 Michael Lamont Foster v Commonwealth of VA 02/12/2002
Conv. of poss. cocaine w/ int. dist. reversed; evid. insufficient
0921012 Charles M. Potter v Commonwealth of VA 02/12/2002
Conv. of disorderly conduct affirmed; evid. sufficient to prove.
0928011 VA Equipment Develop. et.al. v Glenn A. Hinebaugh 02/12/2002
WCC award aff'd; pipe layer's injury causally related to employ.
2410011 City of Suffolk School Board et al. v Inga W. Ruth 02/12/2002
Summ. aff'd; claimant justified to refuse employer's treatment.
2473013 Jonathan L. Lipscomb v Quality Foods Coop. et. al. 02/12/2002
Summ. aff'd; no WCC err in denying award of temp total disability
2655013 Maple Leaf Bakery, Inc. et. al. v Kais H. Alhasani 02/12/2002
Summ. aff'd; no WCC err in proving inj. related to employment.
2668014 Giant Food, Inc. v Patricia A. Graninger 02/12/2002
Summarily aff'd; no WCC error; ankle surgery reas. & necessary.
2711011 Bertha L. Fennell, Widow v Tarmac Virginia et al. 02/12/2002
Summarily aff'd; decedent's death not causally related to injury.
0342011 Shun O'Neal Patterson v Commonwealth of Virginia 02/05/2002
TC properly instructed jury; evid. proved first degree murder
0343011 Shelton Thomas, s/k/a Shelton Ray Thomas v CW 02/05/2002
No TC err:admitting certificate of analysis;est.pre-analsis chain
0393011 Derrick Antonio Williams v Commonwealth of VA 02/05/2002
Evidence suff. to prove defendant inten.&knowingly possess heroin
0394011 Anthony Harris v Commonwealth of Virginia 02/05/2002
Prosecutor's remarks not intended as comments on failure to test.
0415011 Craig Leon Pulley, Jr. v Commonwealth of Virginia 02/05/2002
No TC err: no viol. of due process rights and equal prot.by age
0597011 Willie F. Wilson, s/k/a Willie Frank Wilson v CW 02/05/2002
Evidence sufficient to prove guilty of possession of cocaine
0769011 Wayne McClellan v Priscilla Jo McClellan 02/05/2002
No TC error re: overruling commissioner's finding re: spousal sup
1221011 Judy L. Heard v Kevin Heard 02/05/2002
Summarily affirmed;child supp.arrearages/failure to review eviden
2079011 Newport News Ship.and Dry Dock v David L. Gatling 02/05/2002
Clmt proved by clear&conv.evid.carpal tunnel caused by employment
2261013 Edward E. Stroupe, Jr. v Radio Shack/Tandy Corp,et 02/05/2002
Summarily affirmed; medical bills&mileage expenses weren't compen
2262002 Keith Williams, s/k/a Keith N. Williams v CW 02/05/2002
TC err: no reasonable cause to revoke suspended sentences
2679014 Louis Smith v County of Fairfax School Board 02/05/2002
Summarily affirmed; WCC refused to apply doctrine of imposition
2740001 Shaheem Labeeb Rasheed,a/k/a Alvin A. Barnes v CW 02/05/2002
No TC err: no abuse of discretion in revocation of susp.sentences
2901001 Marvin Maurice Bradshaw v Commonwealth of Virginia 02/05/2002
Evidence suff.to prove two separate larcenies (burglary&prop.dama
3076003 Geneva Mae Hooker Abbottv Commonwealth of Virginia 02/05/2002
No TC err:conditions on re-susp.sentences reasonable/no TC abuse
0017013 Charles E. Wilson v Commonwealth of VA 01/29/2002
Conv. of assault/batt of law-enf. officer aff'd; evid. sufficient
0209014 John D. Pellegrin v Diane L.B. Pellegrin (Ramee) 01/29/2002
TC dec. aff'd; no modif. of spousal suppt; remand for atty fees.
0233014 Glen S. Sines v Katherine S. Sines 01/29/2002
TC dec. aff'd re: denying appellant's req. to modify support.
0303012 Roy G.E. Longfield (s/k/a Roy W.) v Commonwealth 01/29/2002
Convs. aff'd for 2 counts agg. sexual batt. and carn. know. child
0322014 John L. Martin v C. Marie Martin 01/29/2002
TC dec. aff'd; no reduction in spousal suppt; remand for atty fee
0522012 Steven Brown v Commonwealth of VA 01/29/2002
Rev'd and remanded; intro of collateral evid. on cross in error.
0810014 Alvin W. Goodwin v Amherst Co. Sheriff's Off et al 01/29/2002
WCC dec. reversed & remanded re: heart disease/causal conn to job
1063012 Sa'ad El-Amin v Carolyn Adams 01/29/2002
Summarily aff'd re: support arrearages and order to make payments
1078001 Lerico Kearney v Commonwealth of VA 01/29/2002
Jury conv. for first-deg. murder & rel. firearm reversed/remanded
1224012 Torrence Jenkins (s/k/a Torrance) v Rich Dept SocS 01/29/2002
Termination of residual parental rights by TC reversed.
2203014 David B. Bostwick v Kelly J. Woods 01/29/2002
Summarily aff'd re: modif. of child supt & establishing arrears.
2204014 David B. Bostwick v Kelly J. Woods 01/29/2002
Summarily aff'd re: modif. of child suppt & establishing arrears.
2205014 David B. Bostwick v Kelly J. Woods 01/29/2002
Summarily aff'd re: modif. of child suppt. & establishing arrears
2450004 Irving William Vance v Commonwealth of VA 01/29/2002
Rape & abduction convs. aff'd; no err. in failure to strike juror
0434013 Alonzo T. Clark v Commonwealth of Virginia 01/22/2002
Conviction affirmed; no TC err in denying motion to suppress evid
1336014 Glenn A. Marston et.al. v. Fairfax Dept. Fam. Svcs 01/22/2002
Decision to terminate parental rights affirmed; No TC error.
2267013 Flowers Transport, et.al. v Teresa L. Lavis 01/22/2002
Summ. affirm. No WCC err. in find. change in cond. rel. to injury
2559004 Jason A. Morant v Commonwealth of Virginia 01/22/2002
No TC err; TC refused to grant prof. instr. on vol. manslaughter.
2834004 Samuel Gonzales Ortiz v Commonwealth of Virginia 01/22/2002
No TC error in finding evid. suff. to convict of robbery.
2875002 Regina Brown v Commonwealth of Virginia 01/22/2002
Conviction reversed; case dismissed; evid. insuff. to prove poss.
0039014 David Birmingham, Jr. v Century Concrete, et.al. 01/15/2002
WCC decision affirmed; medical evidence does not support claim.
1029013 Michael Charles Fries v Patricia Ann Kelly Fries 01/15/2002
Aff'd in part (agreement); reversed in part (support); remanded.
1438013 Valleydale Foods, et. al v Gye Y. Lee 01/15/2002
WCC award affirmed; employee marketed residual work capacity.
2409004 Henry G. Perry Bey v Commonwealth of Virginia 01/15/2002
No TC err in excluding evidence and refusing to grant mistrial.
2511002 Javon Lydell Booker v Commonwealth of Virginia 01/15/2002
Affirmed; no TC err in refusing def. counsel to question witness.
2905002 Lester Frizzell Morris, Jr. v Commonwealth of VA 01/15/2002
No TC error in admitting testimony of Asst. Comm. Atty; affirmed.
0198013 Sylvester Leo Guy v Commonwealth of Virginia 01/08/2002
Conviction affirmed; Records admissible under Shopbook Rule.
1514012 Timothy D. Wilson v Petersburg Dept. of Soc. Servs 01/08/2002
Summarily affirmed.
1543012 Trisha R. Jones v Petersburg Dept. of Soc. Servs. 01/08/2002
Summarily affirmed,
1694012 Robert B. Green, Sr. v Richmond Dept. Soc. Servs. 01/08/2002
Summarily affirmed.
1779011 Commonwealth of Virginia v Kebvin Shaquan Foster 01/08/2002
TC reversed; judge erred in finding no probable cause to arrest.
1889013 Commonwealth/Botetourt Co. v Chris Mark Grady 01/08/2002
No TC error in suppressing evidence and arrest; ruling affirmed.
1890012 Jennifer Ingram v Richmond Dept. Social Services 01/08/2002
Summarily affirmed.
0304011 Tanyin Berlin Holley v Commonwealth of Virginia 12/27/2001
No TC error in finding evid. suff. to convict and prove possess.
0353011 Ricky Ray Wilkins v Commonwealth of Virginia 12/27/2001
No TC error in ruling evid. sufficient to convict; dec. affirmed.
1501014 Yvette Perez v Fairfax Co. Dept. of Family Service 12/27/2001
Appeal dismissed; statement of facts not timely but indispensable
2012013 Nicole C. Chantee v Hudson Industries Inc. et. al. 12/27/2001
Summarily affirmed.
2498002 Charles Delk v Commonwealth of Virginia 12/27/2001
No TC error in denying motion to suppress; evid. suff. to convict
2623002 Carlisle Rawles Zimmer v Commonwealth of Virginia 12/27/2001
Upon entering Alford plea, def. waived right to appeal den.motion
2635004 Kevin Eugene Carter v Commonwealth of Virginia 12/27/2001
TC judgment aff'd; evidence sufficient to support jury conviction
3018001 Tomolacas McKenzie v Commonwealth of Virginia 12/27/2001
No TC error in finding def. consented to search of vehicle
1706011 Commonwealth of Virginia v Kenneth Washington 12/20/2001
TC reversed; def. failed to est. standing to challenge search
0206012 Jeffrey S. Smith v Kathy D. Mann 12/18/2001
No TC err in deciding not to impute income or find Smith underemp
0213013 Tyrus Lamon Mayo v Commonwealth of Virginia 12/18/2001
No TC error: denial of motion to suppress
0293013 Barry Wayne Wicker v Commonwealth of Virginia 12/18/2001
No TC abuse of discretion in sentencing; case remanded for resusp
0307013 Claude Prunty v Commonwealth of Virginia 12/18/2001
Evidence sufficient to prove prior conviction of felony
0350013 Edward Harold Nelson, Sr. v Commonwealth of VA 12/18/2001
Evidence sufficient to convict for consp. to commit murder & B&E.
0647012 Kathy D. Mann v Jeffrey S. Smith 12/18/2001
No TC error in dec. not to impute income or exclude certain funds
1113002 Ernest William Ramsey v Commonwealth of Virginia 12/18/2001
Upon Rehearing En Banc, judgment of Trial Court is affirmed.
2239014 Lydia S. Hamblin v Wal-Mart Stores, et al. 12/18/2001
Summarily affirmed
2310002 Daniel Charles, Sr. v Commonwealth of Virginia 12/18/2001
Insuff.evid.to support constr.poss.or poss.w/intent to distribute
2468002 Herbert Gause v Commonwealth of Virginia 12/18/2001
Evidence suff. to prove jury's finding appellant acted w/malice
0142011 Calvin Eugene Williams v Commonwealth of Virginia 12/11/2001
TC err: denying mtn to strike juror for cause; error not harmless
0185011 Willie Walter Butler, Jr. v Commonwealth of VA 12/11/2001
No TC err:reconstituting original jury panel & proceeding w/trial
0948013 Nataliya A. K. Bishop v Wallace R. Bishop 12/11/2001
Summarily affirmed
1136013 Hayden Wayne Sizemore v Kathryn Mae Kirk Sizemore 12/11/2001
Summarily affirmed
1443011 Ann Majewski Miller v John R. Miller, Jr. 12/11/2001
Summarily affirmed
1465011 John R. Miller, Jr. v Ann Majewski Miller 12/11/2001
Summarily affirmed
1798011 Alltel Communications, etc. v Teresa E. Holzner 12/11/2001
Summarily affirmed
1908012 Paul E. Groves v VEC and Navistar Int'l Trans. 12/11/2001
Summarily affirmed
2021011 Pro Temps Temporary Service,etc v Daniel P. Carner 12/11/2001
Summarily affirmed
2055014 Michael Joseph Staton v Commonwealth of Virginia 12/11/2001
TC err:concluded it lacked authority to condition release on bail
2152011 Ruth Lindsay v Domestic Linen Supply, et al. 12/11/2001
Summarily affirmed
2253011 Nurnie Reid v City of Portsmouth Sheriff's Office 12/11/2001
Summarily affirmed
2281002 John Joseph Warmouth v Commonwealth of Virginia 12/11/2001
Evidence sufficient to support conviction of aggravated mal.wndng
2496014 Grace Matthews v Homeplace Holdings, Inc., et al 12/11/2001
Summarily affirmed
2939003 Virginia Electric & Power Company v W. Crawford 12/11/2001
Correction to page 8 -- should be "process in Virginia. . . ."
0178011 Donta Antonio Brown v Commonwealth of Virginia 12/04/2001
No TC err: denying mtn to suppress evid. obtained by police
0301013 William Lee Rhodes v Commonwealth of Virginia 12/04/2001
Evidence suff. to convict for assault on law enforcement officer
0735013 Chad Robert Shaffer v Commonwealth of Virginia 12/04/2001
Appellant failed to preserve claims of error for appeal; conv.aff
1258011 Michael Ray Tutor v City of Norfolk Police Dep't 12/04/2001
No WCC error re: injury didn't arise out of employment
1309011 Fas Mart, Inc., etc. v Gail R. Fox 12/04/2001
No WCC error: claimant's injury arose out of employment
1383011 Fluor Corporation, et al. v Joel W. Beasley 12/04/2001
No WCC err: documentation w/application failed to est.prob.cause
1413004 Robert McGuire v Commonwealth of Virginia 12/04/2001
CW failed to prove McGuire made false 911 calls; conv.reversed
2620001 Dirk Williams v Commonwealth of Virginia 12/04/2001
Evid.suffi.to supp.conv.of dist.of cocaine w/in 1000 ft of school
2692001 Kenneth Ray Horne v Commonwealth of Virginia 12/04/2001
Evidence suff.to convict; no TC err: not ordering competency eval
2764001 James Edward Handy, Jr. v Commonwealth of Virginia 12/04/2001
No TC error re: denying mtn for new attorney/grant continuance
2848002 Jimaris S. Jennings v Commonwealth of Virginia 12/04/2001
No TC error: didn't induce guilty plea; no viol.of 6th&14th Amend
0086012 Orville L. Dempsey v Henrico (County of) Fire 11/27/2001
No WCC err: reversing DC's decision in order for "just determin."
0282011 Regina Bossong Butler v City of Virginia Beach 11/27/2001
No WCC err: no persuasive med.evid.re:perm. incapacity to work
3002002 Teri C. Jernigan v Daryl W. Clayton 11/27/2001
Case remanded:implementation of order -- husb.make lump sum pymnt
1176013 Ricky A. Miller v Island Creek Coal Company 11/20/2001
No WCC err:record supports clmnt's disab.not related to comp.inj
1299013 Bevin R. Alexander v Pamela Craig Alexander 11/20/2001
Summarily affirmed
1341002 Venessa M. Monger v Commonwealth of Virginia 11/20/2001
Evidence suff. to prove Monger had actual notice of H.O. status
1718003 Mark Todd Showalter v Commonwealth of Virginia 11/20/2001
Because appellant didn't properly preserve issues, jdgmt affirmed
1926002 Venessa M. Monger v Commonwealth of Virginia 11/20/2001
No TC err:affirm.DMV H.O. status; claim under EPC has no merit,et
2224003 Mark Todd Showalter v Commonwealth of Virginia 11/20/2001
No TC err:ordering appellant to appear without counsel;Rule 5A:18
2319003 Torrence Lamont Smith v Commonwealth of Virginia 11/20/2001
Evidence sufficient to convict for forcible sodomy
2728002 Janell Louise Gates v Commonwealth of Virginia 11/20/2001
Evidence suff. to support conviction for uttering forged instrum
2845004 Atif Beyah Saleem, a/k/a Wm. Robinson v P. Saleem 11/20/2001
TC error: dismissing bill of complaint because he's incarcerated
2856003 April Dawn Wilson v Commonwealth of Virginia 11/20/2001
No TC error re: granting CW a continuance
0035012 David Michael Fricke v Commonwealth of Virginia 11/13/2001
Appellant failed to raise lack of probable cause; evid.sufficient
0614013 Betty B. Coal Company, Inc., et al. v Jerry Dotson 11/13/2001
No WCC error re: credible evidence supports WCC's finding of fact
1707002 Antoine Andre Woodhouse v Commonwealth of Virginia 11/13/2001
TC err:deny mtn to supp. certain evid.;jdgmt rev.& chgs dismissed
1734011 Food Lion, Inc.,et al. v Douglas McArthur Seals,Jr 11/13/2001
Summarily affirmed
1897014 TravCorps, et al. v Faustine I. Cooper 11/13/2001
Summarily affirmed
2070002 Randy Eugene Donnelly v Commonwealth of Virginia 11/13/2001
Evidence sufficient that defendant (conv.felon) possessed firearm
2578002 Frank Clifton King, Jr. v Commonwealth of Virginia 11/13/2001
Because no miscarriage of justice, claim won't be considered
2610001 Antoine Maurice Richardson v Commonwealth of VA 11/13/2001
Evidence sufficient to convict for poss.w/intent to distr.cocaine
2927004 Walter George v Barbara E. Locklin-George 11/13/2001
No TC err:child supp.,sp.supp.&equit.distr.;TC err:future ch.supp
0123012 David J. Howell v CW, DSS, DCSE, ex rel Fisher 11/06/2001
No TC error re: district court had jurisdiction to award ch.supp
0874012 Ronald W. Craft v Commercial Courier Express, etc 11/06/2001
No WCC err:st.of limit. bars current application for disabililty
0995012 Brenda Lee Scott Jackson v James Elias Jackson 11/06/2001
Summarily affirmed
1455013 Larry Harlen Sergent v Freedom Ford Lincoln, etc 11/06/2001
Summarily affirmed
1544013 William Howell Grover, II v Sandra Hackley Grover 11/06/2001
Summarily affirmed
1744011 CW, UEF v Timothy J. Bauman and Leon Lovings/etc 11/06/2001
Summarily affirmed
1771013 B.A. Mullican Lumber etc. v Larry Hubbard 11/06/2001
Summarily affirmed
1849002 Leroy Thomas Young v Commonwealth of Virginia 11/06/2001
No TC err: mtn to suppress; searches didn't rise to Const.level
1952002 Larry Ray Martin, Jr. v Commonwealth of Virginia 11/06/2001
Appellant failed to preserve appeal;objections on presentence rpt
1991001 Noel Jones v Commonwealth of Virginia 11/06/2001
Insuff. evidence to support conviction for possession of cocaine
2046002 Central Delivery Service, et al. v VEC 11/06/2001
VEC and TC erred in denying exemption from state unemployment tax
2345002 Christopher James Hubbard v Commonwealth of VA 11/06/2001
Evid.proved stmts were willful/corroborated;TC didn't shift proof
2361001 Jarvis Deshanon Brown v Commonwealth of Virginia 11/06/2001
Evidence suff. to convict for poss.w/intent to distribute
2475002 Mario Sentia Johnson v Commonwealth of Virginia 11/06/2001
CW failed to prove force, violence or intimidation
0152012 Shawn Edward Jones v Commonwealth of Virginia 10/30/2001
No TC err: no 4th Amendment violation; denial motion to suppress
0966012 Ronald P. Dick v Jean A. Dick 10/30/2001
Summarily affirmed
1422011 Claire L. Roth v The Lee Group/Lee Staffing, etc 10/30/2001
Summarily affirmed
1479011 Edward H. Bender v Virginia Marine Resouces Comm 10/30/2001
Summarily affirmed
1770013 Buchanan General Hospital, et al. v Frances Hunt 10/30/2001
Summarily affirmed
2130002 Melvin L. Gilmore v Commonwealth of Virginia 10/30/2001
Evidence sufficient to support conviction for poss. of cocaine
2440002 Ossie Lee Richardson v Commonwealth of Virginia 10/30/2001
Evidence sufficient to support conviction for poss. of cocaine
2732003 James M. Hegedus v Commonwealth of Virginia 10/30/2001
No TC err:breath test administered ok;cert.of analysis admissible
0095013 Earl Dean Roberts v Patricia Lee Roberts 10/23/2001
TC err:no support that statutory factors were properly considered
0348002 Walter Scott Baugh v Commonwealth of Virginia 10/23/2001
No TC err: evid.suff to support conv./letter complied w/statute
0352014 Ezzat M. Zein v Nora H. Burgan (Zein) 10/23/2001
Summarily affirmed
0762001 Torie Devon Redmond v Commonwealth of Virginia 10/23/2001
Upon Rehearing En Banc, judgment of trial court reversed & remand
0960012 Billy Dean Nance v Valerie Limerick 10/23/2001
No TC err: admission of evidence of prior domestic abuse harmless
1332013 Susan Ann LeBlanc v Petroleum Marketers, etc. 10/23/2001
Summarily affirmed
1504013 Tommie Branch v James Madison University/CW 10/23/2001
Summarily affirmed
1573003 Darryl Carneal Law v Commonwealth of Virginia 10/23/2001
No TC error re: refusing instruction of justifiable self-defense
1579011 Martha Blowe-Melton v City of Portsmouth, et al 10/23/2001
Summarily affirmed
1598011 Jimmy Ray Fisher, Decedent, et al. v Tidewater App 10/23/2001
Summarily affirmed
2263002 Kevin Lee Green v Commonwealth of Virginia 10/23/2001
Evid.sufficient to support conspiracy to poss.marijuana w/intent
2273004 Timothy Lee Bumbrey v Commonwealth of Virginia 10/23/2001
TC err:CW didn't meet burden re: items' value;jury not instructed
2385003 Cassandra Anne Gullion v Commonwealth of Virginia 10/23/2001
No TC err: refusing to strike the evidence; testimony credible
2602004 Gary Wayne Steed v Commonwealth of Virginia 10/23/2001
Evid.suff. to support convictions for constructively poss.cocaine
2640003 Thomas Lewis Bradner v Commonwealth of Virginia 10/23/2001
Evidence sufficient to prove defendant aided & abetted in robbery
2662003 Roseanne T.L.Goldman (West) v Henry M. Goldman,III 10/23/2001
No TC err: wife approved comm.findings; ordering wife to pay husb
2664004 S T G, Inc. and Travelers Indemnity v Ivan Tooks 10/23/2001
Upon Rehearing En Banc, order of WCC is reversed
2878003 Roger Craig Williams v Commonwealth of Virginia 10/23/2001
No TC err:denying mtn to supp.evid.seized during warrantless srch
0560013 Double M Coal Company, et al.v Scott Wayne Collins 10/16/2001
No WCC err: est.compensable dis; proved chg in cond.; mar wk cap
0910013 Price Guttering & Insulating,etc. v Noland Kilgore 10/16/2001
No WCC err: clmt filed claim related to neck in statutory time
1319001 Jermaine S. Doss v Commonwealth of Virginia 10/16/2001
No TC err:admission of evidence to telephone records or testimony
1538014 Frank Verderosa, Jr. v Greenrose Maintenance, etc 10/16/2001
Summarily affirmed
1616001 Billy Ray Seal v Commonwealth of Virginia 10/16/2001
No TC error re: Seal entered home w/intent to assault and batter
1666002 David Evan Brown v Commonwealth of Virginia 10/16/2001
No TC err:upholding facial challenge of 19.2-120(B);not supp.evid
2441003 Michael Jasper Council v CW and City of Lynchburg 10/16/2001
Evidence sufficient to support conviction of statutory burglary
1254004 Jacob Dale Monroe v Commonwealth of Virginia 10/09/2001
No TC error re: overruling appellant's objection; cross-exam, etc
1402014 Exposaic Industries, Inc. v Sherman R. Washington 10/09/2001
Summarily affirmed
2277001 Antonio Lamont Mozelle v Commonwealth of Virginia 10/09/2001
No TC error re: admitting fingerprint card; evid.suff.to convict
2452001 Robert Joseph Slavek v Commonwealth of Virginia 10/09/2001
TC err:conv.s for poss.of child porn;No TC err:reprod.child porn
0915014 Gregory Jude DeVeau v Mutsumi Azemoto 10/02/2001
Summarily affirmed
1034012 John G. Myers, Jr. v Christina Myers 10/02/2001
Summarily affirmed
1308012 Rappahannock Wire Company, et al.v Vincent Schmitt 10/02/2001
Summarily affirmed
1382011 Samuel G. Payne, Jr. v K. Jones Hauling, et al. 10/02/2001
Summarily affirmed
1484013 Bobby Derwin Gibson v Bill Gatton Chevrolet, et al 10/02/2001
Summarily affirmed
1485002 Marcus Antonio Campbell v Commonwealth of Virginia 10/02/2001
Suff.evid.to prove he possessed cocaine; No TC err: admit lab rpt
1485014 Southland Industries, et al. v Warren E. Evans 10/02/2001
Summarily affirmed
1650001 Richard N. Hamlin v Janet S. Hamlin 10/02/2001
No TC error re: refusing to terminate spousal support
2191002 Hal Kennedy Lee v Commonwealth of Virginia 10/02/2001
Evid.suff.to prove rape & forcible sodomy;NoTC err:admit.evidence
2267002 Christopher J. R. Whitney v Babette C. Whitney 10/02/2001
No TC err: relying on representatives to find agrmt valid;etc
2368001 Anthony Ray Stubbs v Commonwealth of Virginia 10/02/2001
No TC error: denying mtn to suppress evidence(no 4th Amend. viol)
2487002 Omar John v Commonwealth of Virginia 10/02/2001
Evid.sufficient to prove possession of marijuana;intended to dist
2685001 Larry Barnes v Commonwealth of Virginia 10/02/2001
Evidence sufficient to convict for second-degree murder
2942003 Dennis G. Smith, Dr., et al. v Liberty Nursing,etc 10/02/2001
No TC error: attorneys' fees granted; TC error: award of interest
0250002 Troy Caple v Commonwealth of Virginia 09/25/2001
Correction to page 1;line two should be "eighteen" not "thirteen"
0803014 Valdimir Nadeine v Alexander Konanykhine 09/25/2001
Summarily affirmed
0960002 Anthony C. Hudgins, Jr. v Commonwealth of Virginia 09/25/2001
Insufficient evidence to prove malicious wounding
1018012 Commonwealth of Virginia v Jason Sinclair, s/k/a 09/25/2001
Correction to page 1, atty's line; Mr. Janus argued for appellee
1061012 Shanica DeJesus v Richmond Dept of Social Services 09/25/2001
Summarily affirmed
1151011 Linwood W. Burt v McLean Contracting Company, etc 09/25/2001
Summarily affirmed; also remanded for possible sanctions
1372002 Clarence Boyd v Vera Boyd 09/25/2001
No TC err: equitable dist.& sp. supp. awards; wife gets atty fees
1662011 Michelle Rayeford v City of Portsmouth DSS 09/25/2001
Summarily affirmed
1734001 Antonio Lamont Mozelle v Commonwealth of Virginia 09/25/2001
TC error: denial of mtn to suppress evidence obtained by police
2382001 Anthony T. Alston v Commonwealth of Virginia 09/25/2001
No TC err:denial of mtn to supp.stmt was result of interrogation
2751001 Johnnie Lang Edwards,a/k/a Samuel Jones v VA Beach 09/25/2001
No TC err: conv. can't be tainted by failure to give breath test
2789001 Jason E. Manas v Commonwealth of Virginia 09/25/2001
Evid.suff. to support convictions of forgery, uttering, obtain $
1080013 Martha Ann Perkins v Lynchburg DSS 09/18/2001
Order appealed from is affirmed; parental rights terminated
1155013 Walter Everett Childress v Appalachian Power Co. 09/18/2001
Summary Affirmance
1197002 Michael Antoine Pointer v Commonwealth of Virginia 09/18/2001
Evidence established valie of shirts exceeded $200; conv.affirmed
1909002 Omar Rashar Carrington v Commonwealth of Virginia 09/18/2001
Evidence sufficient to support convictions for cocaine, etc
2506002 Maurice Ernest Ivey v Commonwealth of Virginia 09/18/2001
Evidence sufficient to support convictions for robbery, et al.
0690003 Jonathan P. Bignelli v Commonwealth of Virginia 09/11/2001
No TC error re: denial mtn to suppress evidence after search
0911012 Ronald Lawson v Hanover Juvenile Corr.Ctr, et al. 09/11/2001
Summarily affirmed
1134013 Lonnie James Breeding v Clinchfield Coal, et al. 09/11/2001
Summarily affirmed
1138013 Paul Thomas Burke v Staunton Goodyear, et al. 09/11/2001
Summarily affirmed
1410012 Adam Keating Wyatt v Melanie Kay-Wyatt 09/11/2001
Summarily affirmed
1451003 Michael Anthony Yarzebinski v Commonwealth of VA 09/11/2001
Evidence sufficient to convict for breaking and entering, etc.
1507993 Anna Marie Dotson v Commonwealth of Virginia 09/11/2001
Upon Remand from the Virginia Supreme Court, conviction reversed
1541993 Michael Rell Dotson v Commonwealth of Virginia 09/11/2001
Upon Remand from Virginia Supreme Court, conviction reversed
3047003 Judy Lynn Heck Monahan v Lawrence Keith Monahan 09/11/2001
No TC err:postnuptial agrmt & decree adjudication of marital prop
0467013 Jerry Wayne Carper v Debra Roach Carper 09/04/2001
Summarily affirmed
1105014 Mawia H. Mohamed v Marriott International, etc. 09/04/2001
Summarily affirmed
1106012 Mary Immaculate Hospital, etc. v Brenda H. Nash 09/04/2001
Summarily affirmed
0442002 Thomas A. Chilton, Jr., s/k/a v Commonwealth of VA 08/28/2001
TC err:use of FA in comm. of robbery; No TC error: robbery et al.
0917002 Larry Junior Cheatham v Commonwealth of Virginia 08/28/2001
Evidence sufficient to support conviction for first-degree murder
1099012 Douglas Wayne Basham v Crestar Bank/SunTrust Bank 08/28/2001
Summarily affirmed
1115013 James R. Milam v Consolidation Coal Company 08/28/2001
Summarily affirmed
1265002 Thomas Arthur Chilton, Jr. v Commonwealth of VA 08/28/2001
No TC err: appellant's suspended sentence was extant when revoked
2587002 Barrett Learning Center/CW v Joseph F. Rohrer 08/28/2001
Consideration of claim barred;not consider issue not before WCC
3074002 Arnold H. Holeman, Jr. v Harold Holeman, et al. 08/28/2001
No WCC err: Clmt didn't use reasonable efforts to market work cap
0791011 CW/ Dept of Transportation v Ruffin H. Savedge, Jr 08/21/2001
Summarily affirmed
1247002 Larry Antonio Neblett v Commonwealth of Virginia 08/21/2001
Evid.suff.to convict for B&E in 00-380-F; TC judgment affirmed
2155002 Jermaine Alfonzo Harris v Commonwealth of Virginia 08/21/2001
No TC err:denial mtn to sever;jury instruct re concert of action
0466014 Charles Edward Reed, III v Michael A. Hersam, etc 08/14/2001
Summarily affirmed
0483012 Holly Woodall v Fredericksburg Dept. of Social Svs 08/14/2001
Summarily affirmed
0930011 Huss, Inc. and Fireman's Fund Ins. Co. v Bohannan 08/14/2001
Summarily affirmed
0952002 Donnie Wayne Bowman v Commonwealth of Virginia 08/14/2001
No TC err: denial of appellant's post-sentence motion to WD pleas
1005014 James H. Suddreth v Loudoun Co. Building, etc. 08/14/2001
Summarily affirmed
0801003 Leroy Skeen v Glenda Nell (Parsons) Skeen 08/07/2001
Appeal dismissed; no exhibits properly offered; no trans, sof
1314002 Michael Leon Edwards v Commonwealth of Virginia 08/07/2001
No TCerr:not suppressing drugs found when searched;had prob cause
2017003 Flavia Diaz de Tanger v William Henry Tanger, III 08/07/2001
No TC error re: terminating spousal support per Code 20-109(A)
2023002 Corey Evander Johnson v Commonwealth of Virginia 08/07/2001
Evid.suff.beyond reas.doubt guilty of poss.cocaine & heroin w/int
2083004 Patricia D. Irlbacher v George W. Irlbacher, Jr 08/07/2001
Equit.distr.order appealed is affirmed in part; reversed in part
2563002 Edwin Eugene Gelletly, Jr. v Elana H. Gelletly 08/07/2001
Appellate review procedurally barred;wife's mtn dismissed;no fees
0414004 Gregory R. Banks v Sharon E. Banks 07/31/2001
No TC error re: euitable distribution; business was marital prop
0488014 Grace C. Rutledge v E. Preston Rutledge 07/31/2001
Summarily affirmed in part and dismissed in part
0768014 CPF Corporation & Safeguard Insurance Co. v Benbow 07/31/2001
Summarily affirmed
0779003 Thomas L. Switzer v Samuel Smith, Jody Botkin, etc 07/31/2001
No TC error re: awarding custody to Smith and Botkin
1159003 William and Carleen Switzer v Thomas Switzer, etc 07/31/2001
No TC error re: granting custody of child to Smith and Botkin
1238002 Harry Joseph McNair v Commonwealth of Virginia 07/31/2001
No TC error: McNair's claim barred by Rule 5A:18
1239004 Lamont Allen Johnson v Commonwealth of Virginia 07/31/2001
No TC error: refusing his proffered jury instruction re: larceny
2293001 Darryl Leon Hall v Commonwealth of Virginia 07/31/2001
No TC err: denial mtn to sup.evid.obtained in viol of 4th Amend
2564002 Ronald G. Reese v Davidina T. Reese 07/31/2001
No TC error re: TC didn't waste time; arrearages; value of 401K
2670001 Dante Shaw v City of Newport News DSS 07/31/2001
No TC err: clear&convincing evid.supporting term. parental rights
0285014 Stanislaw W. Zajaczkowski v Jolanta Zajaczkowska 07/24/2001
Summarily affirmed in part and dismissed in part
0618012 United Parcel Service, etc. v Angel-Eyes Blackfoot 07/24/2001
Summarily affirmed
0645012 Commonwealth of Virginia v Dwayne Mark Lewis 07/24/2001
We reverse TC's suppression order and remand case to trial court
1584003 Roger Donovan Freeman v Commonwealth of Virginia 07/24/2001
NoTCerr:denial mtn to supp;evid.seized during execution of warran
1667001 Stephen Wayne Ferguson v Commonwealth of Virginia 07/24/2001
Evid.suff.to support conv/committed more than 1 larceny/2 conspir
1744003 Steven R. Lucas v CW,DSS,DCSE, ex rel Teresa Becks 07/24/2001
No TC error: dismissal of father's petition to reduce child supp.
1827003 Tracy Lamont Williams v CW and City of Danville 07/24/2001
No TC err: admitting evidence through warrantless search;evid.suf
2010992 James Van Shoaf, Jr. v Joyce Hobson Shoaf 07/24/2001
Upon Rehearing En Banc, judgment of trial court affirmed
0095004 Suzanne H. Scheer, et al.v CW, State Water Cont.Bd 07/17/2001
No TC error: order affirming issuance of Water Protection Permit
0374011 Barbara W. Barclift v Kempsville Presbyterian, etc 07/17/2001
Summarily affirmed
0582013 Kimberly E. Martin v Town of Pulaski, et al. 07/17/2001
Summarily affirmed
0694014 Manassas Park City School Board, et al.v Phipps 07/17/2001
Summarily affirmed
0711014 Rebecca Sue Phipps v Manassas Park City School Bd. 07/17/2001
Summarily affirmed
0758003 Clinton Cecil Harden v Commonwealth of Virginia 07/17/2001
No TC err: grant CW recess to obtain add'l evidence/intro of evid
1488004 Bradley Scott Johnson v Commonwealth of Virginia 07/17/2001
No TC error: proposed instruction defining "use" was erroneous
1664002 Robert D. Swander v Susan M. Swander 07/17/2001
Summarily affirmed
1720001 Charles E. McIntyre v Commonwealth of Virginia 07/17/2001
Evidence sufficient to support conviction of robbery, use FA, etc
2438001 Alvin T. Darden, Jr.s/k/a Alvin Tyrone Darden v CW 07/17/2001
Evidence sufficient to convict for embezzlement(requisite intent)
2444004 John A. Raiello v Kathleen L. Raiello 07/17/2001
TC err: equit.dist./amount of rent/No TC err: spousal supp./abuse
2683002 Alan Michael Legas v Carol Eulene L.Legas, a/k/a 07/17/2001
No TC error: child support arrearages; 401K contrib./ union dues
2944003 Randolph Campbell (Deceased), etc v Rubatez Corp 07/17/2001
Summarily affirmed
2965004 Safeway Stores, Inc. v John Marvin Larrick 07/17/2001
No WCC error: claim is not time barred per 65.2-601
0076003 Avrey Demetrie Kirby v Commonwealth of Virginia 07/10/2001
Upon Rehearing En Banc, judgment of trial court affirmed
0495013 Joanne Sifford Glass v Tultex Corporation 07/10/2001
Summarily affirmed
0687002 Jermaine Harris v Commonwealth of Virginia 07/10/2001
No TC error re: sentencing appellant pursuant to Code 18.2-308.4
1113002 Ernest William Ramsey v Commonwealth of Virginia 07/10/2001
No TC error: refusing to instruct jury on voluntary manslaughter
1697001 Kevin Gerald Tucker v CW, City of Virginia Beach 07/10/2001
Evidence sufficient to support disturbing the peace charge
1729004 Karen K. Voorhies v Gerald J. Voorhies 07/10/2001
TC error: dismissing rule to show cause against husband
2034004 Herbert Rinehart v Nancy M. Rinehart 07/10/2001
No TC error re: failure to terminate or reduce sub.spousal supp.
2720004 Thomas Joseph Goudreau v Katherine Lynn Goudreau 07/10/2001
CAV reverses 10/20/00 order denying father's mtn for custody
0325012 Community Memorial Health Center v Karen M. Wilson 07/03/2001
Summarily affirmed
0384012 George B. Southern, Jr. v Shirley Contracting,etc 07/03/2001
Summarily affirmed
0488002 Shajuan Lee McRae v Commonwealth of Virginia 07/03/2001
No TCerr:excluding jurors for cause/failed to show discrimination
0518013 George Lee Seekford v Hershey Tire Company, et al. 07/03/2001
Summarily affirmed
0861001 Rondalph Hilly Nidiffer v Commonwealth of VA 07/03/2001
No TC err: quashing subpoenas evidence sufficient for penetration
2074001 Eric Michael Prunty v Commonwealth of Virginia 07/03/2001
No TC err:TC didn't err in denying motion to suppress/stop proper
2648002 E.I.DuPont De Nemours, et al.v Brenda G. Eggleston 07/03/2001
No WCC err:medical reports support WCC's finding ailment resolved
2727003 McKee Foods Corporation, et al.v Tony Duane Atkins 07/03/2001
WCC err: claim and WCC's jurisdiction barred by statute of limit.
2930003 Tammy Lynn Cook v Roanoke City DSS 07/03/2001
No TC err: neglectful conditions/evid.suff. to term.parental rght
2933002 Paula Ann Russo Romaine v Donald Frances Romaine 07/03/2001
Since no transcript/stmt facts filed,no adequate record/affirmed
3001003 Denny R. Maggard v Westmoreland Coal Company 07/03/2001
No WCCerr:claim not mailed properly/statute of limitations passed
0312003 John Timothy Levesque v Commonwealth of Virginia 06/26/2001
No TC error re: Levesque violated "no contact" condition
0382014 Kwandwo Adu-Gyamfi v Autostrade International, etc 06/26/2001
Summarily affirmed
0446013 Lamieh Salimi v James Madison University, CW 06/26/2001
Summarily affirmed
0605012 Connie P. Mitchell vRichmond Nursing Home & Trigon 06/26/2001
Summarily affirmed
1568002 Catherine Ann Stark v Dennis Neil Rankins 06/26/2001
TC err:amount contributed for home; appreciation in value of home
1634001 Melvin Lewis Mitchell v Commonwealth of Virginia 06/26/2001
No TC err: TC's refusal to reduce sentence no abuse of discretion
1798003 Wendy Kay Swearengin v DSS of City of Staunton 06/26/2001
No TC error re: parental rights issues not properly before CAV
1964001 Jack Foster v Commonwealth of Virginia 06/26/2001
No TC error re: admitting evidence; evid. sufficient to convict
2283004 Daniel George Fahlfeder v Commonwealth of Virginia 06/26/2001
Insuff.evid.to support conviction of declaration of Habitual Off.
2295001 William A. Derrick v Commonwealth of Virginia 06/26/2001
No TC err:not suspending entire sentence; 11 month sent.not abuse
2883001 Frederick C. Whitehead v Pati Anderson Whitehead 06/26/2001
TC error:equitable distribution/remand for further proceedings
2886001 Devon Lamont Alexander v Commonwealth of Virginia 06/26/2001
No TC error re: not granting motion to suppress drugs
2914001 Newport News Shipbui., et al. v Robert E. Townsend 06/26/2001
No WCC error re: application of Code 65.2-712 as pertains to case
2995001 Rosanne D'Eramo B. Tignor v Matthew Morgan Tignor 06/26/2001
No TC error: evidence supported award of joint physical custody
0278004 Fred Leslie Fisher v Commonwealth of Virginia 06/19/2001
TC err on aggr. sexual batt; No TC err on carnal knowledge.
0283013 Cox Enterprises et al v Timothy Rasnake 06/19/2001
summarily affirmed
0370013 The Service Master Co.etal v Phyllis Lynn Campbell 06/19/2001
summarily affirmed
0450011 Woodrow W. Moore Jr. v. Allied Systems, Ltd et al 06/19/2001
summarily affirmed.
0512011 Allied Systems et al v Woodrow W. Moore, Jr. 06/19/2001
summarily affirmed.
1142003 Sylvester Aaron Baker v. Commonwealth of Virginia 06/19/2001
Inv acted on good faith val of search warr:evi proved int'l poss
1171003 Stevie Joe Yates v Commonwealth 06/19/2001
Evid. insuff. to prove crim. neg. necessary to supp. inv. mans.
1507002 David Ralph Hartnett v Commonwealth of Virginia 06/19/2001
Evid. was insuff. to prove specific intent of abduction.
1679002 William Earl Petteway v Commonwealth of Virginia 06/19/2001
Evid. suff. to support conviction of grand larceny.
1745001 Daniel J Hughes v Madonna Marie Hughes 06/19/2001
No TC err date of ret:wife elig.to rec.mil.health benfits
2149001 Keith Lamont Sanders v Commonwealth of Virginia 06/19/2001
No TC err:search of vehicle lawful;TC to deny mtn to supp evi,aff
2647004 Afaf Kanazeh Mann v Michael K. Mann 06/19/2001
summarily affirmed
2783004 Power and Alarm Comm.et al v Michael D. Byerly 06/19/2001
No WCC error:clmt.entled. temp.part.dis.benf.clmt.not rel.to work
0280013 Bristol Herald Courier,et al. v Richard J. Trivett 06/12/2001
Summarily affirmed
1114002 Kevin Darnell Williams v Commonwealth of Virginia 06/12/2001
TC err: sentencing greater than that fixed by jury on robbery ct.
1269002 Antonio Giambanco v Tamara Jo Giambanco 06/12/2001
No TC err: mod.of child support/awarding atty fees/costs to wife
1438001 Detore T. Brown, s/k/a, etc. v Commonwealth of VA 06/12/2001
No TC error re: overruling motion to suppress evidence; evid.suff
1630992 Latwan Marcel Jackson v Commonwealth of Virginia 06/12/2001
No TC err: denial of motion to suppress evidence; search lawful
1639001 Nickkinba M. Braswell v Commonwealth of Virginia 06/12/2001
No TC err:denial motion to suppress/supp.conviction; evid.suffi.
1738002 Ronald Lamar Mitchell v Commonwealth of Virginia 06/12/2001
No villation of right to speedy trial per Code Section 19.2-243
2004002 Antonio Giambanco v Tamara Jo Giambanco 06/12/2001
No TC err: mod. of child support/awarding atty fees/costs to wife
2059001 Teresa B. Preston v Commonwealth of Virginia 06/12/2001
No TC err:not granting mtn to dism\device used to hunt illegal,et
2439001 James Earl Brown v Commonwealth of Virginia 06/12/2001
Evid.suff.to support convs.for grand larceny, B&E, abuductions,et
0131011 Commonwealth of VA v Dante Rodriquez Gay, s/k/a 06/11/2001
CW lawfully seized item under "plain feel" doctrine;supp.reversed
0289001 Angelo Williams v Commonwealth of Virginia 06/05/2001
Insufficient evidence to prove constructive possession of cocaine
0364001 Kevin Michel Criss v Commonwealth of Virginia 06/05/2001
No TC error: reached correct result in finding no expect. of priv
0651001 Lonnie Ray Myers v Commonwealth of Virginia 06/05/2001
No TC err: admitting irrelevant hearsay testimony by victim's mom
0961002 Lynn Taylor, Jr. v Commonwealth of Virginia 06/05/2001
TC err:denied mtn to supp.evid.obtained during warrantless search
1014002 William Jennings Hagy v Commonwealth of Virginia 06/05/2001
TC err:no proof err restri.on cross-x didn't result in unjust rel
1057002 James Leroy Hagy, Jr., s/k/a etc. v CW 06/05/2001
TC err:no proof err. restr.on cross-x didn't result in unjust.rel
1345001 John Ronald DeVaul v Commonwealth of Virginia 06/05/2001
Evidence suff. to establish def.constructively possessed drug
1481001 Woodrow Lawrence, III v Commonwealth of Virginia 06/05/2001
No TC error re: denial of motion for new trial
1726001 Darrell Jerome Redmond v Commonwealth of Virginia 06/05/2001
Evidence sufficient to support abduction conviction
1728001 Milard J. Taylor, s/k/a Millard Jerome Taylor v CW 06/05/2001
Evidence sufficient to prove pre-offense agreement
1930001 Antonio Sheppard Williams v Commonwealth of VA 06/05/2001
Rule 5A:18 bars consideration-app'nt never challenged conv.order
2236003 Fleetwood Homes of VA, et al. v Patricia S. McNeal 06/05/2001
WCC erred in its application of statute of limitations; award rev
2596001 Marion Lee Wallace, Jr. v Production Support Svcs 06/05/2001
No WCC err:clm for benefits barred by willful viol.of safety rule
2704001 Kenneth Lee Carroll v Roland Vaults Ltd., et al 06/05/2001
No WCC err:failed to prove inj.by acc.sustained arising out of em
2731001 Raynor Hearandus Hunter v Newport News Shipbuildin 06/05/2001
No WCC error re: clmt failed to market residual work capacity
3041001 7-Eleven and American Protection Ins. Co. v Smith 06/05/2001
Appeal dismissed; full Commission's opinion wasn't final award
3046001 Freny Werbinski v City of Norfolk Police Dept. 06/05/2001
No WCC err:Neither equit.estoppel/doc.of imposi.stopped st.limit.
0089002 Michael Lee Sammons v Commonwealth of Virginia 05/29/2001
No TC error re: denial of mtn to suppress inclupatory statements
0507001 Aubrey Thomas v Commonwealth of Virginia 05/29/2001
No TC error re: refusal to instruct jury on lesser offense
1207001 Glenn Lavelle Mosley v Commonwealth of Virginia 05/29/2001
No TC error re: denial of motion to suppress; judgment affirmed
1435002 Melissa Young v Marshall Forrest, Jr. 05/29/2001
Summarily affirmed
1589003 Wayne Maurice Scott v Commonwealth of Virginia 05/29/2001
Appellant failed to object to intro of evidence, Rule 5:18A bars
1629002 Rodney James Miller v Commonwealth of Virginia 05/29/2001
Correction to style: First name should be Rodney, not Ronald
1788004 Alfonzia Armstead v Commonwealth of Virginia 05/29/2001
No TC err: denial of motions for mistrial/withdraw as counsel
1877004 Commonwealth of VA, DMV v David L. Tice 05/29/2001
TC err: granting Tice's petition for restoration of driving priv.
1995993 Vincent Anderson v Commonwealth of Virginia 05/29/2001
Upon Rehearing En Banc, the trial court judgment is affirmed
2609001 Laurie Arsenault v Isle of Wight County DSS 05/29/2001
No TC err: termination of residual parental rights; denial rehear
2899001 John E. Somers, II v Accomack County DSS 05/29/2001
Summarily affirmed
3013002 Commonwealth of Virginia v James Charles Dunigan 05/29/2001
TC error: granted motion to suppress evid. from traffic stop
0188011 Fisherman's Wharf of America, et al. v Betty Wolfe 05/22/2001
Summarily affirmed
0372002 Carlos Carrasquillo v Commonwealth of Virginia 05/22/2001
No TC err:denial mtn to supp;officer detained for pub.drunkeness
0418002 Norman Lester Gilbert, s/k/a v Commonwealth of VA 05/22/2001
Evidence sufficient to support conviction for stalking
0512002 Joseph McDonald Lynch v Commonwealth of Virginia 05/22/2001
No TC err: refusing to allow defendant to withdraw guilty pleas
1713001 Transportation Safety Contracting, etc. v Martin 05/22/2001
No WCC err:reinstating disability benefits;not applying 65.2-510B
1951004 Micahel Jerome Bolden v Commonwealth of Virignia 05/22/2001
No TC error re: defendant gave consent freely and voluntarily
2400003 Blue Fox, Inc. v Timothy F. Rogers 05/22/2001
Appeal dismissed: Blue Fox not aggrieved part/order interlocutory
2641003 Mary Lee Frances Keene, Admini.etc v Boothe, P&C 05/22/2001
No WCC err: determining accident was not compensable
0029013 Elizabeth C. Smith v Augusta Medical Center, et al 05/15/2001
Summarily affirmed
0061014 Donna Renee Muhammad v VSI Group and CIGNA 05/15/2001
Summarily affirmed
0106014 Weis Markets, Inc., et al. v Barry L. Gregory 05/15/2001
Summarily affirmed
0114013 Staunton Correctional Center, CW v Gary Sanderson 05/15/2001
Summarily affirmed
0366002 Arthur Clements Brooks, Jr. v Commonwealth of VA 05/15/2001
TC err:failing to inform jury re:abolition of parole,but harmless
0879002 Christopher Emanuel Mosley, s/k/a, etc. v CW 05/15/2001
No TC error: was reasonable,articulable susp.for pat-down search
0942003 Pete Winchester, a/k/a Mark Anthony Winchester vCW 05/15/2001
No TC error: giving jury instruction; evidence suff. to convict
1014992 Musa A. Parrott v Commonwealth of Virginia 05/15/2001
Evid.suff.to convict for first-degree murder,et al.;no vio.6th Am
1228002 George Douglas Young, Jr. v Commonwealth of VA 05/15/2001
Evidence sufficient to support convictions poss.cocaine, poss FA
1349002 Nathaniel Lamont Cartwright v Commonwealth of VA 05/15/2001
TC error re: denial of motion to suppress; conviction reversed
1740002 Wayne Thomas Imel v Commonwealth of Virginia 05/15/2001
No TC error re: mtn to suppress denial; convictions affirmed
3040003 Ted E. Cox v Lynda T. Cox 05/15/2001
Summarily affirmed
0036012 Marvin Lee Carmon v Richmond Dep't Social Services 05/08/2001
Summarily affirmed
0502001 Dawain Hopkins, s/k/a Dawain Russell Hopkins v CW 05/08/2001
No TC error re: denial of mtn to suppress inculpatory statements
1087001 Timothaeus Mariko Edmonds v Commonwealth of VA 05/08/2001
No TC err: appellant didn't act in self-defense/defense of others
1125002 Baszo Randolph Goode v Commonwealth of Virginia 05/08/2001
Evidence suff.to support conviction of aggravated sexual battery
1210002 Daniel Stith v Commonwealth of Virginia 05/08/2001
Evidence supports TC's finding Stith had requisite knowledge
1276001 Cynthia Elizabeth Ford, a/k/a Cynthia Torres v CW 05/08/2001
Insufficient evidence to convict for attempted credit card fraud
1433002 Bradley Scott DeTuncq v Alison DeTuncq 05/08/2001
No TC error re: calculation of gross income/no attorney's fees
1644002 Jerry Andrew Lipscomb v Commonwealth of Virginia 05/08/2001
Insuff.evidence to support conv.for misdemeanor trespass(18.2-119
2548004 Terrance Delon Slemmons v Prince William Co. PD 05/08/2001
No WCC error: finding accident didn't arise out of employment
2701003 Jami M. Kring v Nathan A. Bean 05/08/2001
Summarily affirmed
2706003 Kimberlee Ann Lefler v Smyth County DSS 05/08/2001
Evidence sufficient to terminate parental rights per 16.1-283(C)
2707003 Kimberlee Ann Lefler v Smyth County DSS 05/08/2001
Evidence sufficient to terminate parental rights per 16.1-283(C)
2988992 Kabonji Rahsaan Roane v Commonwealth of Virginia 05/08/2001
Because Roane hasn't provided sufficient record, appeal dismissed
2994992 Tyrone Ernest Jackson v Commonwealth of Virginia 05/08/2001
Evidence sufficient to support conviction for abduction
0533001 Tony Knox v Commonwealth of Virginia 05/01/2001
No TC error: denial of mtn to withdraw guilty pleas;conv.affirmed
0669002 Kevin E. Gray v Commonwealth of Virginia 05/01/2001
Evidence sufficient to support conviction of possession of heroin
0835001 Charles Whitney, s/k/a Charles Albert Whitney v CW 05/01/2001
TC err: JD&R court failed to notify father per Code 16.1-263
0955002 David J. Howell v. CW, DSS, DCSE,ex rel. L. Fisher 05/01/2001
Claims not presented to TC; appellate review procedurally barred
0964003 Jill Kristen Rothar v Commonwealth of Virginia 05/01/2001
No TC error re: denial of motion to suppress drugs seized
0965003 Thomas Daniel Palenchar v Commonwealth of VA 05/01/2001
No TC error re: denial of motion to suppress drugs seized
1016002 Bill Larry Wells v Commonwealth of Virginia 05/01/2001
No TC err: denial of motion to suppress evidence of intoxication
1697992 Mykal Rashad v Commonwealth of Virginia 05/01/2001
Upon Rehearing En Banc, trial court judgment affirmed
2660004 Simindokht Jouybari Okhravi v Masoud Ganji 05/01/2001
Summarily affirmed
0494001 Marlon Germaine Watson v Commonwealth of Virginia 04/24/2001
Evidence sufficient to support conviction for robbery
2222003 Dan River, Inc. v Betty L. Owen 04/24/2001
TC err:employee not justified in refusing medical treatment etc
2835002 Gary J. Stasko v VEC and Van Yahres Tree Co., Inc. 04/24/2001
Summarily affirmed
3039002 Michael Eugene Durney v Winn's Hauling, et al. 04/24/2001
Summarily affirmed
2503001 Commonwealth of Virginia v Joshua Dickson 04/23/2001
TC erred in suppressing Commonwealth's evidence;no 4th Amend viol
0155002 Richard Howard Butry v City of Richmond 04/17/2001
TC err: improperly commented on evidence;No Err:refusing instruct
0468001 Edward Lee Cherry v Commonwealth of Virginia 04/17/2001
No TC err:def.didn't raise objection in TC;sent. order not void
0581001 Antonious Lamont Clark v Commonwealth of Virginia 04/17/2001
No TC error: not suppressing evid; search warrant issued properly
1079002 Archie Laree Dawkins v Commonwealth of Virginia 04/17/2001
No TC err:denial of mtn to supp.not error;remanded for clerical
1099003 Donald Wayne Gary v Commonwealth of Virginia 04/17/2001
Evidence sufficient to support robbery and use of FA convictions
1154003 Gilbert W. Cooper v CW,DSS,DCSE, ex rel Wooldridge 04/17/2001
CAV has no evidence upon which to base consideration of arguments
1248002 Commonwealth of VA/DMV v Lloyd Wayne Taylor 04/17/2001
TC error:petitioner didn't meet req. of 46.3-361;order reversed
1645002 Norton Concrete Company, Inc. v Mario A. Escobar 04/17/2001
No WC err: refusal to remand to dc; refuse to reopen record, etc
1777992 Elston Burwell, s/k/a Elston E. Burwell v CW 04/17/2001
On Rehearing En Banc, trial court judgment affirmed
2484002 Commonwealth of Virginia v Dylan Lopez Tyree 04/17/2001
No TC error re: police didn't properly honor right to silence
2516001 Jerry Gilbert Dodson v NN Shipbuilding & Dry Dock 04/17/2001
No WCC err:WC correctly interpreted remand-refusal to grant add'l
2522994 Scott Eric Summers v Commonwealth of Virginia 04/17/2001
No TC err:refusal to instruct jury on defense of others instruct.
2566004 Chap Van Ngo v N & L Carpentry & Employers Ins. 04/17/2001
Summarily affirmed
2758992 William Wilkins, Jr. v Commonwealth of Virginia 04/17/2001
No TC err:failing to supp.evid. after stopped at traffic chkpoint
2880001 Mobile Vac Services Company,et al.v Michael Finley 04/17/2001
Summarily affirmed
2913001 Newport News Shipbuilding & Dry Dock v Joel Walton 04/17/2001
Summarily affirmed
2947994 Gregory Boyd v Commonwealth of Virginia 04/17/2001
TC err,but harmless: allowing CW to cross-examine about prev.conv
0469001 Charles A. Edwards v Commonwealth of Virginia 04/10/2001
No TC error: severed trial from that of codefendant; evid.suff.
0692004 Floyd Miles v Commonwealth of Virginia 04/10/2001
TCerr:refusal to instruct on abolition of parole;remand sent.only
0874004 Richard Rush Murray, Jr. v Commonwealth of VA 04/10/2001
TC error in denying motion to dismiss juror for just cause
0888004 Darrow Eugene Herbert v Commonwealth of Virginia 04/10/2001
TC err: omission of elements from instruction not harmless; etc
1611004 Amanullah Kahaliqi, s/k/a Amanullah Khaliqi v CW 04/10/2001
No TC error: indictment sufficient to state criminal act
1825004 Yun Soo Kim v Jung Ja Kim 04/10/2001
TCerr:reversible error in that order neither final nor appealable
1882001 Lothar W. Nass v Arlene Wolin Nass 04/10/2001
TC err:grant divorce on desert.;remand:provide 20-91(A)(9) relief
1950001 Donald R. Godfrey v City of Portsmouth Fire Dept. 04/10/2001
WCC err:employer produced evid.to rebut heart disease was occupat
1953002 Michael Reese Painter v Commonwealth of Virginia 04/10/2001
Evidence sufficient to support voluntary manslaughter conviction
0419001 Alvin L.Ricks, Sr., s/k/a Alvin Leroy Ricks,Sr vCW 04/03/2001
No TC error re: denial of motion to suppress evid.of statements
0611001 Reginald Leon Graves v Commonwealth of Virginia 04/03/2001
No TC error re: evidence NOT result of illegal search
0637001 Erick Dontae Porter v Commonwealth of Virginia 04/03/2001
Evidence sufficient to prove both venue and convictions
0878002 Carol Devan,a/k/a Joann Brown,a/k/a Tracy BrownvCW 04/03/2001
Evidence suff. to support conv.for cons.to commit forgery, etc
0979004 George Perez Levenberry v Commonwealth of Virginia 04/03/2001
Insufficient evidence to establish "breaking" for stat. burglary
1083003 Newton Brown Townsend v Commonwealth of Virginia 04/03/2001
No TC err: denial of motion to dismiss; no violation of 4th Amend
1377002 Rudolph Heretick, Jr. v Linda A. Cintron 04/03/2001
No TC error re:failure to show a material change in circumstances
1395003 Patrick L. Overbey v Patricia K. Overbey 04/03/2001
No TC err: arrest had impact on marital estate/child support, etc
2132001 Rebecca L. Scott v Commonwealth of Virginia 04/03/2001
No TC error:admitting evidence of testimony; evid.suff.to convict
2134001 Alvin Croom & Bonnie Croom v Kathleen &Randy Byrum 04/03/2001
TC had no authority to award attorney fees following nonsuit
2571991 Jeffrey Scott Blaney v Commonwealth of Virginia 04/03/2001
No TC err:evid.suff.to support conv/denial mtn to appoint counsel
2721002 Rochelle Susan Beardslee v DSS of Henrico County 04/03/2001
Summarily affirmed
0038003 Jerry Lewis Reynolds v Commonwealth of Virginia 03/27/2001
Evidence suff.to support forgery, stat.burglary& p. larceny conv.
0564002 Brian Heath Bareford v Commonwealth of Virginia 03/27/2001
TC error re:distribution conviction; No TC err: other convictions
0633001 Ingrid Everette, s/k/a Ingrid A. Everette v CW 03/27/2001
Because defendant didn't properly articulate arg.,decline to hear
0816002 Theresa Ann Jones v Commonwealth of Virginia 03/27/2001
Evid. sufficient to prove aware of presence & char.of cocaine,etc
1096003 Christian Michael Larsen vCommonwealth of Virginia 03/27/2001
No TC err:denying motion to supp.evid;no illegal search & seizure
1257004 Margarita Mendoza-Garcia v Cho Yeon Hwi, et al. 03/27/2001
No WCC error re: dismissing claim for lack of jurisdiction
1366001 Lawrence D.Mason,s/k/a Lawrence DeCarlo Mason v CW 03/27/2001
No TC err:defendant didn't preserve issue on appeal;conv.affirmed
1936003 Powell Mountain Coal Company, et al.v George Mosko 03/27/2001
No WCC err:had jurisdiction; clmt not released to light duty work
2532002 Boyd Alex Turner, II v Fredericksburg DSS 03/27/2001
Summarily affirmed
2698001 City of Portsmouth Sheriff's Dept. v Harry Torbert 03/27/2001
Summarily affirmed
2746002 Marlene Virginia Davis v Clean & Shine Svcs, etc. 03/27/2001
Summarily affirmed
0042992 Lavonnia Nicole Tate v Commonwealth of Virginia 03/20/2001
Upon Rehearing En Banc, judgment of trial court is affirmed
0194001 Maurice Anthony Cutler v Commonwealth of Virginia 03/20/2001
Evidence suff. to convict of possession requisite amt marijuana
0326001 John Arthur Williams, Jr. v Commonwealth of VA 03/20/2001
Evidence suff. to convict to prove used FA in comm.of robberies
0342002 Al-Khaliq Mayweather, a/k/a Keith Mayweather v CW 03/20/2001
TC err: convictions re: July &Sept.remanded; reversed Aug.convict
0405003 Barry Scott Hill v Commonwealth of Virginia 03/20/2001
No TC err: no constitutional violation; no basis to suppress evid
0716001 Kimberly Jane Burke v Commonwealth of Virginia 03/20/2001
Insufficient evid.to prove appellant received notice of hearing
1145003 William Bernard SimmonsvJoanne(Lindsey)Hairston,et 03/20/2001
No TC err: not giving credit for support of 3rd child; atty fees
1232004 Debra Patterson v Fauquier County DSS 03/20/2001
TC failed to enter nunc pro tunc order denying Dept's mtn to dism
1902002 United Airlines, Inc. v Richard G. Rice, Jr. 03/20/2001
WCC directed to enter order granting United applic'n;term.award
1920003 Island Creek Coal Company v James E. Adkins 03/20/2001
WCC err:failure to articulate credible reasons for weight to opin
2083993 Steven Joseph Jolinski v Commonwealth of Virginia 03/20/2001
Upon Rehearing En Banc, judgment of trial court affirmed
2479991 Zachary S. Lewis v Commonwealth of Virginia 03/20/2001
Upon Rehearing En Banc,TC judg't aff'd as to question presented
2797991 Randy Warren Jefferson v Commonwealth of Virginia 03/20/2001
No TC error re: no bias by judge; no error in refusing to recuse
2830001 Co. of York Building Insp.,et al.v Charles Willett 03/20/2001
Summarily affirmed
2834982 William Andrew King, Jr. v Commonwealth of VA 03/20/2001
On Rehearing En Banc, convictions reversed for att'd murder, etc.
2497002 CW v Eric Randal Norman & Christopher Lane Walton 03/15/2001
No TC err:warrant sufficiently descriptive;officer presume valid
0138003 Elmer Nathaniel Adams v Commonwealth of Virginia 03/13/2001
Evidence sufficient to support conv. of dist.cocaine, poss FA,etc
0557002 Stacie Lynn Reid v Commonwealth of Virginia 03/13/2001
No TC err: denial mtn to suppress/challenge of admiss.of evidence
0694004 Zachary Thomas Wyatt v Commonwealth of Virginia 03/13/2001
Appellant failed to make proffer of questions on recross,conv.aff
0889001 Albert Antonio Savage v Commonwealth of Virginia 03/13/2001
Insuff.evid. to support convict. for burglary, petit larceny,etc
1072001 Wallace L. Wilson, III v Commonwealth of Virginia 03/13/2001
Convic.re:Code 18.2-308.4&18.2-248 aff'd;Convic.re:18.2-460C reve
1086001 Moses Vernon Simpkins v Commonwealth of Virginia 03/13/2001
Because def.failed to renew mtn after testi.,CAV declines appeal
1185003 William Edward Mize v Commonwealth of Virginia 03/13/2001
Evidence sufficient to support aggravated malicious wounding,etc
1273001 Bonnie Be-Lo Markets, etc. v Benny Edward House 03/13/2001
No WCC error re: sustained comp.inj.by accident; total disability
1581003 Anthony Wayne Ross v Commonwealth of Virginia 03/13/2001
No TC error re: denial appellant's motion for appeal bond
1671992 Jason Wayne Gregory v Commonwealth of Virginia 03/13/2001
TC err:burglary,gd.larceny and vandalism; No err:cap.murder,etc
1676002 Short Stop, Inc., etc. v Patricia A. Hammond 03/13/2001
No WCC error re: finding appellant sustained injury by accident
1705001 Suffolk Department of Social Services v O. Ellis 03/13/2001
No TC err: no evidence Department preserved any issues for appeal
2695004 Noor Ul-Qamar v Prince William Co. School Board 03/13/2001
Summarily affirmed
3001991 Jacob Shane Smith, Jr. v Commonwealth of Virginia 03/13/2001
Evid.suff.to establish intent and malice for att.mal.wounding
0090001 Harold Kenneth Dickerson, III v Commonwealth of VA 03/06/2001
No TC error re: applying recent possession inference; evid.suff.
1006002 Maurice Darnell Buckner v Commonwealth of Virginia 03/06/2001
No TC err:CW est.corpus delicti w/confession &evid.(suff to conv)
1350001 Patrick Timothy Jeffers v Commonwealth of Virginia 03/06/2001
Evidence suff.to convict for solicitation to commit felony,etc
2221002 David E. Haught v Mary E. Haught 03/06/2001
Summarily affirmed
2269994 Michael A. Mahoney, Sr.v Jeanne Marguerite Mahoney 03/06/2001
Summarily affired
2360002 Commonwealth of Virginia v Anabelis Corrales 03/06/2001
No TC err:interviews custodial;didn't validly waive right to coun
2517003 Clara M. Ballard v Haller Clock Company, et al. 03/06/2001
Summarily affirmed
2644003 April L. Koontz v Wrangler, Inc., et al. 03/06/2001
Summarily affirmed
2938991 Quincy Damon Phillips v Commonwealth of Virginia 03/06/2001
TC err:CW v. Baker mandates reversal of conv;notice to bio.father
0253001 Van Bernard Collins v Commonwealth of Virginia 02/27/2001
No TC error re: convictions didn't violate double jeopardy
0330004 Arthur Middleton Smith v Commonwealth of Virginia 02/27/2001
Appellant didn't preserve sufficiency of evid.;convictions affirm
0728003 Otis L. Tinsley, Jr. v VA Mirror Company, Inc.etc 02/27/2001
Summarily affirmed
1393003 Sherman Roy Delp v Galax (City of) Police, etc. 02/27/2001
No WCC err:employer met burden of proof;cond.not caused by employ
1496001 Pentran and VA Municipal Group v Doris B. Cherry 02/27/2001
No WCC error re: statute of limitations didn't bar claim
2152003 Billy E. Tibbs, Jr. v Island Creek Coal Company 02/27/2001
Summarily affirmed
2704991 Shawn Ellis v Commonwealth of Virginia 02/27/2001
Evidence sufficient to support conviction of grand larceny
0823001 Howard William Richards v Commonwealth of Virginia 02/20/2001
TC err:evid.entirely circum./failed to exclude hypoth.innocence
0895002 Lisa Harmon v Richmond County DSS 02/20/2001
TC error re: finding evid. clear & convincing to meet 16.1-283(B)
1050001 Edgar Roland Barfield v Commonwealth of Virginia 02/20/2001
Evidence sufficient to support conviction of abduction (18.2-47)
1591992 Walter L. Keller, Jr. v Commonwealth of Virginia 02/20/2001
On Rehearing En Banc, TC error in allowing 5/6 items of evidence
1761001 Casey Chevrolet Corporation, et al. v Danforth 02/20/2001
No WCC err: applying doctrine of imposition to toll statute limit
2207004 Samuel T. Bistawros v VECand Minnieland Day School 02/20/2001
Summarily affirmed
2307004 Mohamud A. Saleh v Huda I. Ashoor 02/20/2001
Summarily affirmed
3009992 Darlene Morgan, s/k/a Darlene R. Morgan v CW 02/20/2001
Evidence sufficient to establish constructive possession
0085002 Michael Ray Wilkerson v Commonwealth of Virginia 02/13/2001
No TC err: refusing to appoint mental health expert to evaluate
0585003 Dallas Monroe Bauguess, s/k/a, etc. v Commonwealth 02/13/2001
No TC error re: denial mtn to strike evid.; didn't preserve issue
0943002 Joseph Calvin Quarles v Commonwealth of Virginia 02/13/2001
No TC err: Code 18.2-308.4 penalty provisions aren't ambiguous
1495002 Life Insurance Company of Georgia v Gale McCracken 02/13/2001
No WCC err:finding WCC interpreting back sprain to incl.neck inj
2110002 Theresa Jones v Richmond Department of Social Svcs 02/13/2001
Summarily affirmed
2750992 Daryl L. Faustini v Vicki J. Duke, f/k/a etc 02/13/2001
No TC err:finding app.committed extrinsic fraud;imputing income,
3050991 David S. Butchee v Commonwealth of Virginia 02/13/2001
Evidence sufficient to support convictions for robbery and use FA
0322004 Anthony Rumont Roberts v Commonwealth of Virginia 02/06/2001
No TC err:provide exculpatory evidence; questioning of 2 wiitnes
0417003 Galen L. Burkholder v Commonwealth of Virginia 02/06/2001
No TC err:failing to file 1998 tax return;no clm of right defense
0520002 William Edward Chilton, Sr. v Commonwealth of VA 02/06/2001
Evidence suff to convict; not allowing impeachment of witness
0584003 Corey Lashawn Watkins v Commonwealth of Virginia 02/06/2001
No TC error re:defendant's admissions prove possession of firearm
1321003 Barbara Ann Thacker Catron v Larry Douglas Catron 02/06/2001
No TC error re: evidence did support finding of adultery
1402003 Peyton L. Morgan, III v. Katherine Ann Rose 02/06/2001
No TC err:wife not underemp/gift income wasn't chg in circumstanc
2351004 Elizabeth H. Lewis v Hamburger Hamlet, et al. 02/06/2001
Summarily affirmed
2435004 Eneida S. Quinteros v Absolute Nursing Care, etc 02/06/2001
Summarily affirmed
2451003 Timothy Floyd Dunbar v RLF Iron Erectors, et al 02/06/2001
Summarily affirmed
2798991 Richard Lee Parham, Jr. v Commonwealth of Virginia 02/06/2001
No TC error re: admitting certifiate of service of analysis
3011994 Tracey Anne Richardson v County of Prince William 02/06/2001
Officer did have reasonable articulable susp.; denial mtn to supp
0223003 Joseph Mark Herbin, III,s/k/a v Commonwealth of VA 01/30/2001
No TCerr:guarantee against multi.punish for same offense not viol
0286004 Mary O'Connell, s/k/a Mary Kelly O'Connell v CW 01/30/2001
No TC error re: trial judge giving his response to jury question
0375004 Rosemberg Batres-Jurado v Commonwealth of Virginia 01/30/2001
Case is moot/not subject to Weinstein exception; case dismissed
0467004 Pamela L. McCoy v Commonwealth of Virginia 01/30/2001
Evid. suff. to prove appellant constructively possessed marijuana
0629003 Dereck Lamont Holmes, s/k/a v Commonwealth of VA 01/30/2001
Evidence sufficient to support convictions for assault & battery
0975004 Nina Porter v Joseph Hogue 01/30/2001
TC err:ruling order entered by J&DR court final/appeal not timely
0987004 Phillip Weathers v Commonwealth of Virginia 01/30/2001
No TC err:statutory notice/admit priors/gave entrapment instruct.
1457001 Sonya P. Brundidge v Lawrence A. Brundidge 01/30/2001
Summarily affirmed
1830001 Sonya P. Brundidge v Lawrence A. Brundidge 01/30/2001
Summarily affirmed
1883004 David Keator v Lutheran Social Services. 01/30/2001
Summarily affirmed
2180003 Food Lion, Inc. v Darrell Elwood Milgrim 01/30/2001
No WCC err:finding current conditions,etc. related to inj.by acc.
2394003 Tamika C. Harris v Target Stores, et al. 01/30/2001
Summarily affirmed
2724991 Hilbert Christopher Watford v Commonwealth of VA 01/30/2001
No TC error re:refusing to suppress evidence/evid.suff to convict
2917992 Mario Cherome Briggs v Commonwealth of Virginia 01/30/2001
Evidence sufficient to support conviction for grand larceny
0409004 Ashley Jefferson Grissette v Commonwealth of VA 01/23/2001
No TC err:denial of mtn to supp identifications;evid.suff to conv
0641004 Daniel Louis Moneymaker v Commonwealth of Virginia 01/23/2001
Evid.suff.to prove sexual penetration w/animate obj & att.sodomy
0684001 Terry Deshawn Jackson v Commonwealth of Virginia 01/23/2001
Insuff.evid.to convict for poss.of FA while poss.cocaine w/intent
1974001 Evans D. Poindexter, Jr. v Katherine M. Jolliff,et 01/23/2001
Summarily affirmed
2272003 Larry J. Sparks v Moore's Quality Snacks, et al. 01/23/2001
Summarily affirmed
2332004 Darrell M. Varner v Hamilton Iron Works, et al. 01/23/2001
Summarily affirmed
2340003 Paramont Coal Corporation,et al. v Freddie Mullins 01/23/2001
Summarily affirmed
0614001 Andrew Anthony Ott v Susan Ann Gelber Ott 01/16/2001
No TC err:divorce on desertion; sep.date; sp. supp.;stock;taxes
0686004 Christopher Ippolito v Nadine Claire Blyn 01/16/2001
No TC err:considering spousal support after hus. filed bankruptcy
1240003 Walter Everett Childress v Commonwealth of VA 01/16/2001
No WCC err:no denied due process; no abuse of discretion, et al.
1539993 Wesley Vernon Snider, III v Diana L.A. Snider,nka 01/16/2001
TC error re: value of business;award rental value of home to wife
1960001 Autumn N. D. Pakravan v Pizza Hut, Inc., et al. 01/16/2001
Summarily affirmed
2010003 Grand Piano and Furniture Co., et al. v Craig 01/16/2001
Summarily affirmed
2043003 Gray Thomas Craig v Grand Piano and Furniture, etc 01/16/2001
Summarily affirmed
2223992 Randall Christopher Via v Commonwealth of VA 01/16/2001
Motion to dismiss granted; no transcripts filed
2493992 Kevin Wayne Harris v Commonwealth of Virginia 01/16/2001
Evid.suff.to supp.conv.for manslaughter; poss.of FA by juvenile
2996992 Leroy Nathaniel Ingram v Commonwealth of Virginia 01/16/2001
Evidence sufficient to support intention to distribute cocaine
3012992 Dall Reynolds v Commonwealth of Virginia 01/16/2001
Appeal not properly before CAV;no stay of sent./ruling on WD plea
0072004 Nancy Anderson Johnson v Commonwealth of Virginia 01/09/2001
No TC err:revoking suspended sentences (susp for indefinite time)
0981004 Teodosia Alvarado, widow, et al. v Krajewski, etc 01/09/2001
No WCC err:applying Granados v Windson (ill.aliens not employees)
1810001 George P. Brooks v Carole W. Brooks 01/09/2001
Summarily affirmed
2071992 David Edward McCord v Commonwealth of Virginia 01/09/2001
No TC err:CW didn't fail to disclose excul.evid./no viol.disc.ord
2157991 Kenneth Oliver Washington v Commonwealth of VA 01/09/2001
TC error re:judge should have admitted tape recording of incident
2946992 Raymont Tasco v Commonwealth of Virginia 01/09/2001
No TCerr:no prejudice when counsel's partner replaced counsel,etc
0324004 Joseph Carl Johnson v Commonwealth of Virginia 12/28/2000
No t/c err re voluntary intoxication as defense to first deg murd
0461001 Joy May v Virginia Beach Dept. of Social Services 12/28/2000
Summarily affirmed
0772991 Santo Langley v Commonwealth of Virginia 12/28/2000
T/C err re refusing to sever trial from co-def;admit co-def stms
1876004 Harold H. Loyd v Ryder Integrated Logistics 12/28/2000
Summarily affirmed
2092003 The Goodyear Tire & Rubber Co. v Diane N. Newcomb 12/28/2000
Summarily affirmed
2702992 Brandon Lee Shifflett v Commonwealth of Virginia 12/28/2000
Trial court lacked authority to convict appellant of trespass
2922991 Keith Jones v Commonwealth of Virginia 12/28/2000
No t/c err re improper hearsay evid; insuff evid to prove guilt
3003994 Levon Andrew Dickerson v Commonwealth of Virginia 12/28/2000
No t/c err re deny mot to supp confession, u.s. const and CW
3015992 Shafeef Waheed Kirby v Commonwealth of Virginia 12/28/2000
No t/c err re make willful/intentional false stmt, firearm applic
0029001 Darryl Lee Knight v Commonwealth of Virginia 12/19/2000
T/C err re incrim stmts and search items not suppressed
0157002 Linda M. Comer v Robert B. Comer, Jr. 12/19/2000
Dismissed; mother failed to serve copy of op. br. to gal;visitat
0257003 Anthoine Plunkett v. Commonwealth of Virginia 12/19/2000
No t/c err re revoking suspended sentence for prior drug offense
0275001 Edward K. Burgess v Commonwealth of Virginia 12/19/2000
T/C err re insuff evid prove atmpt detain not incid to restraint
0505001 Jessie Lee Walker, Jr. v Virginia Beach Dept of SS 12/19/2000
No t/c err re evid suff to terminate parental rights
0821004 Fairfax County Dept Family Serv v Usman Ibrahim 12/19/2000
No t/c err re deny pet; evid insuff to sever father/children bond
2073992 Gerald Lee Payne v Commonwealth of Virginia 12/19/2000
T/C err re admit evid stmts made to officer re prior drug use
2086003 Rock City Mechanical, Inc et al v Thomas Lee Barry 12/19/2000
Summarily affirmed
2604991 Carl LaWayne Hughes v Commonwealth of Virginia 12/19/2000
T/C err re insuff evid to prove, by weight of marij, felony conv
2698991 Clarence M. Collins v Commonwealth of Virginia 12/19/2000
No t/c err re insuff evidence to support two larceny convictions
2795991 Kenneth Eugene Britt v Commonwealth of Virginia 12/19/2000
No t/c err re deny motion to supp, detain & search, poss cocaine
2821991 Robert Alonza Harrell v Commonwealth of Virginia 12/19/2000
No t/c err re failure to give jury entrapment defense instruction
3002993 Anthoine Plunkett s/k/a v Commonwealth of Virginia 12/19/2000
T/C err re suff evid to est requisite know; actual poss of drugs
3041992 Jacob Daniel Aquino v Commonwealth of Virginia 12/19/2000
No t/c err re insuff evid; 3 cts robb, 1 ct att robb, 4 ct firear
0335002 Bernard Lee Tremelon, Jr. v Commercial Const et al 12/12/2000
WCC err re: proof of injury by accident from employment
0406001 Byron Vondell Lyons v Commonwealth of Virginia 12/12/2000
Trial court err re: certificate of analysis, poss of cocaine
0877003 New River Castings Co et al v Colleen M. Woolwine 12/12/2000
No WCC err re: suff evid prove inj by accident, necess causation
1036004 Thomas J. Goudreau v Katherine Lynn Goudreau 12/12/2000
T/C err re: ref grant cont; add iss beyond scope;award atty fees,
1268003 Snyder General Corp et al v Judith Lynn Fridley 12/12/2000
No WCC err re: causal relationship b/t prev inj and rec med trtm
1430993 Livingston Pritchett, III v Commonwealth of VA 12/12/2000
No t/c err re:Miranda; req for atty; coerced conf; excl exp test
1590001 Franco Triolo v Jean Marie White Triolo 12/12/2000
No trial court re: attys fees; spousal support
1963003 Tammy J. Taylor v James Madison Univ and CW of VA 12/12/2000
Summarily affirmed
2151004 Charles R. Wingate v Assett Protect Team Inc et al 12/12/2000
Summarily affirmed
2421994 Mary Louise O'Brien v Robert John Riggins 12/12/2000
T/C err re: finding appellant guilty of civil contempt
2559991 Robert Jerome Brown, II v Commonwealth of Virginia 12/12/2000
No trial court err re: sufficient evid to prove convt of robbery
2568992 Charles Mayland Limbrick v Commonwealth of VA 12/12/2000
CAV declines to consider non-jurisdictional issues on appeal
3017991 Craig Henderson v Commonwealth of Virginia 12/12/2000
No t/c err re: deny of mot for cont; insuff evid to prove identi
0062001 Clifton McNair, Jr. v Commonwealth of Virginia 12/05/2000
No t/c err in intent, malice, premeditation of first deg murder
0076003 Avery Demetrie Kirby v Commonwealth of Virginia 12/05/2000
No t/c err re suff evid to supt robbery conv, use/poss firearm
0129004 Peter W. Pantazes v Patricia K. Drew Pantazes 12/05/2000
No trial court err re spousal support to wife
0438003 Sarah Ruth Wofford Tatum v Joseph Kenneth Tatum 12/05/2000
T/c err re equitable distribution, spousal support, child support
0443003 Joseph Kenneth Tatum v Sarah Ruth Wofford Tatum 12/05/2000
T/C err re equitable distribution; spousal support, child support
0906003 William Gary Boyer v Sundown Express, Inc., et al. 12/05/2000
No WCC err re work accident barred by res judicata
0997003 Jerry S. Miller v Reynolds Metals Co., et al. 12/05/2000
No t/c err re work-related carpal tunnel syn, barred benefits
1051993 Josephine Turner Pilson v Commonwealth of Virginia 12/05/2000
No t/c err re best evid rule admiss of second evid, stolen merch
1513004 Sherry Wright v Alexandria Division of Social Serv 12/05/2000
Summarily affirmed
1756001 Commonwealth of Virginia v David Ray Williams 12/05/2000
No t/c err re suppression of evidence, seizure of cocaine
2183991 Martel Lamon Joffrion v Commonwealth of Virginia 12/05/2000
No t/c err re admiss of evid;admitt test;allow CW impeach collat
2579991 Jerome Moses Thornton v Commonwealth of Virginia 12/05/2000
No t/c err re unlawful wounding, clerical err in sentencing ord
0117003 Dwayne Lavere Barley, a/k/a v Commonwealth of VA 11/28/2000
No t/c err re proof of intent to conceal weapon; sufficient evid
0204003 Timothy Craighead v Commonwealth of Virginia 11/28/2000
No t/c err re deny mot to supp evid, unreas search,poss cocaine
1188001 David Dolan v Tina Dolan 11/28/2000
Summarily affirmed
1236003 Elizabeth Mae Ayers v White's Construction, et al. 11/28/2000
Summarily affirmed
1752003 Corning, Inc. et al. v Tyler V. Brown 11/28/2000
Summarily affirmed
1753003 Goodyear Tire et al. v Kathryn Hinton Bowe 11/28/2000
Summarily affirmed.
1768003 Tyler V. Brown v Corning, Inc., et al. 11/28/2000
Summarily affirmed
2466993 Randy Alfonzo Leftwich v Commonwealth of Virginia 11/28/2000
Trial court err in failure to prove intent to distribute cocaine
2862993 Tina Renee Rosser v Commonwealth of Virginia 11/28/2000
No t/c err re admit test; grand larceny and statutory burglary
3049991 Glen Hines, s/k/a v Commonwealth of Virginia 11/28/2000
No t/c err,circum evid excluded reas hypotheses of appell innocen
0868001 Avis Rent a Car, Inc. et al. v Elizabeth J. Calvin 11/21/2000
No WCC err re sustained an injury by accident
1117001 Karin Steinmann v Steven F. Buck 11/21/2000
Summarily affirmed
1388993 Eric Wayne Armstrong v Commonwealth of Virginia 11/21/2000
No t/c err re possession of firearm by conv felon; insuff evid
1677003 Uninsured Employer's Fund v Daryl Clark Childress, 11/21/2000
Summarily affirmed
1776004 Better Home Services, Inc. v Isabel Medrano, et al 11/21/2000
Summarily affirmed
2285992 Jeremy M. Vessels v Commonwealth of Virginia 11/21/2000
No t/c err re improp arraign;variance b/t bill of part, evid prod
2667992 Anthony Leroy Perry v Commonwealth of Virginia 11/21/2000
No t/c err re refuse to strike evid;overruling object to height
2794991 Warren DeWayne Bright v Commonwealth of Virginia 11/21/2000
Trial court err re suff evidence for possession of cocaine
3026992 Linwood Donzell Perry v Commonwealth of Virginia 11/21/2000
No t/c err re erroneously admitting certificate of analysis
0172004 Charles Edward Crawford, Jr. v Commonwealth of VA 11/14/2000
No t/c err re admission vio due proc;no link as material and rele
0695003 Anthony Leon Clark, etc. v Langhorne Brothers, Inc 11/14/2000
No WCC err re proving presumed-wholly dependency;waive part depe
1144002 Walter N. Sydnor v Elizabeth D. Sydnor 11/14/2000
Summarily affirmed
1674003 Jon Robin Davis v Shade Equipment Company, et al. 11/14/2000
Summarily affirmed
2226992 James Anthony Clark v Commonwealth of Virginia 11/14/2000
Evidence sufficient to support malicious wounding conviction
2231991 Bram Patrick Daggs v Commonwealth of Virginia 11/14/2000
No trial court err in denying motion to suppress guilty pleas
2296994 William Dexter Lansberry v Commonwealth of VA 11/14/2000
No t/c err in fail to appt DNA expert;pros ask leading questions;
2651992 Sharon Peace v Commonwealth of Virginia 11/14/2000
T/c err re suff evid-contr to delin of minor, maint. nuisance
2701991 Curtis Jackson v Commonwealth of Virginia 11/14/2000
Suff evid in suppt victim's test;third party test cred-not appeal
2800991 Pete Antonio Sumner v Commonwealth of Virginia 11/14/2000
Evidence sufficient to support sentencing conviction
2823994 Herman Rodney Jackson v Commonwealth of Virginia 11/14/2000
No trial court err in conviction of possession of cocaine
2925991 Jerry Norman v Commonwealth of Virginia 11/14/2000
No t/c err-ref to supp conf;try jointly;admit evid ext jud stmts
0956004 Farnaz Farnia v Prime Receivable, LLC, et al. 11/07/2000
summarily affirmed
1288003 K. Robin Laing v Stephen D. Walker 11/07/2000
No t/c err in exclud in camera test; denying petition for custody
1293004 Shirley M. Thomas v Commonwealth of Virginia 11/07/2000
Summarily affirmed
1404993 Warren Lee Thieman v Commonwealth of Virginia 11/07/2000
No t/c err in prosecuting for third offense DUI
1473002 Solon Neil Xenias v Betty Louise Xenias 11/07/2000
Summarily affirmed
2332993 Jason Jerome Watlington v Commonwealth of Virginia 11/07/2000
No t/c err in erron overruling hearsay evid, caller i.d. box
2501991 Angela Lynn Nacke v Commonwealth of Virginia 11/07/2000
No t/c err in denying motion to supp inculpatory stmt to police
2880992 Jamal Rashad Toliver v Commonwealth of Virginia 11/07/2000
No err in t/c having jurisdiction to hear charge
0084004 Fernando Cardozo v Commonwealth of Virginia 10/31/2000
correction to opinion; record no was 0084-00-1 s/b 0084-00-4
0298001 John Doe, D.D.S. v Virginia Board of Dentistry 10/31/2000
T/c err re: Boards stmt of particulars sufficiency
1334002 Commonwealth of Virginia v Quenton Bryant Anderson 10/31/2000
T/C err re: suppressing evid found during search of person
1375993 Leangelo Maurice Hall v Commonwealth of Virginia 10/31/2000
No t/c err: appellant caused bodily harm; intent to main, disfig
1529003 Dirk Neal Campbell v Lyntool, Inc. and Merchants 10/31/2000
Summarily affirmed.
2430991 Ernie Clarence Swain s/k/a v Commonwealth of Va 10/31/2000
T/C err: convicted appellant with insufficient evidence;misconstr
2455991 Billy Joe Walker v Commonwealth of Virginia 10/31/2000
No t/c err re:allow witness test introd;ref instr jury inv mansl
0746003 Jennifer Denise (Mercer) Lowe v Charles R. Lowe 10/24/2000
Summarily affirmed
1054004 Ross, France & Ratliff, et al. v John E. Blevins 10/24/2000
Summarily affirmed
1069004 John Edward Blevins v Ross, France & Ratliff, etc. 10/24/2000
Summarily affirmed
1403002 Hughes Service Corp., et al.v Clifford A. Williams 10/24/2000
Summarily affirmed
2611991 Troussant Delano Lett v Commonwealth of Virginia 10/24/2000
No TC err:no viol.of right to due process;conv.affirmed for H.O.
2852991 John Brooks v Commonwealth of Virginia 10/24/2000
No TC error: refreshing of victim's memory/evid.suff. to convict
0043004 Tracy Austin v Thomas Albert Stanley 10/17/2000
Appellant failed to preserve appeal issues re mod of child supp
0437001 Darrell W. Morehouse v Stewart Miller, UEF 10/17/2000
No WCC err in denial for application of benefits
0855991 Burnest Griffin, III v Commonwealth of Virginia 10/17/2000
T/c err re conv appellant of agg sexual battery; no corr evidence
1074004 Recycling Center, Inc., et al. v Vitelio Martinez 10/17/2000
Summarily affirmed
1545991 John Butler, Jr. v Commonwealth of Virginia 10/17/2000
Appellant's argument procedurally barred per 5A:18; conv affirmed
1909992 Rodney Eugene Hopkins v Commonwealth of Virginia 10/17/2000
No t/c err in denying mtn to supp heroin seized & statements made
2037991 Lorenzo Moore v Commonwealth of Virginia 10/17/2000
Insufficient evidence for poss of cocaine and poss of a firearm
2363994 Shannon David Ringer v Commonwealth of Virginia 10/17/2000
Insufficient evidence to prove guilt for perjury in bench trial
2509992 Betty Shearin Albis v Commonwealth of Virginia 10/17/2000
No tc err:refusing to supp evid;consented to search;no 4th Am vio
2824992 Antoine Harvey Squire v Commonwealth of Virginia 10/17/2000
No trial court err in Fourth Amendment search; admit evidence
3059992 Daitrone Lamar Hargrove v Commonwealth of Virginia 10/17/2000
No trial court err in Fourth Amendment search; admitting evidence
0771002 Nicholas Kourakos v Mario Stylianou 10/10/2000
Summarily affirmed
1081002 Brenda W. Gross v Wyeth-Ayerst Laboratories, etc 10/10/2000
Summarily affirmed
1105992 Stephen M. Sneade v Commonwealth of Virginia 10/10/2000
No TC error in denying motion to suppress; confession voluntary
1157991 David James Bunton v Commonwealth of Virginia 10/10/2000
TC error by refusing to suppress inculpatory statement
1306003 James H. Meadows v Bear Ridge Mining, Inc., et al 10/10/2000
Summarily affirmed
1318004 International Design Services, et al. v Pagnato 10/10/2000
Summarily affirmed
1628993 Frederick Shaft Price v Commonwealth of Virginia 10/10/2000
No TC err:denial of mtn to suppress evid./Evid.suff assault& batt
1860992 Jessie Lamont Tate, s/k/a Jesse Tate v CW 10/10/2000
No TC error re: denial of mtn to suppress evidence found in mouth
2359991 Juma Akili Whitfield v Commonwealth of Virginia 10/10/2000
No TC err: failure to inquire as to conflict/evid.suff to convict
2516991 Tony Brown v Commonwealth of Virginia 10/10/2000
Insuff.evid.to support conviction for poss.of heroin w/intent
2653992 Levi Milton Walker, s/k/a, et al.v Chesterfield Co 10/10/2000
No TC err:final order states violation of 18.2-266,not local ordi
2819981 Toney Deaundrae Griffin v Commonwealth of VA 10/10/2000
No TC err: mtns to sever&mistrial/TC err:Smith's stmt re:intent
1035002 Sebert Franklin Skeens v Joyce Ann Toler Skeens 10/03/2000
Summarily affirmed
1140003 New River Community Action, Inc., et al. v Sehen 10/03/2000
Summarily affirmed
1262003 Lawrence Alphonso Penn, Jr. v J & J Southeast, etc 10/03/2000
Summarily affirmed
1337003 Linda A. Cosgrove v Curtis R. Sowers, et al. 10/03/2000
Summarily affirmed
1888993 Gary Douglas Lee v Robin Elaine Cowan Lee 10/03/2000
Pendente lite orders interlocutory; CAV dismisses for lack jurisd
2192991 Renard C. Fields v Commonwealth of Virginia 10/03/2000
No TC err:accepted prosecutor's representation-explan.race neutra
2558992 Charles D. Johnson v City of Richmond 10/03/2000
TC error: appellant didn't violate Richmond Code 18-18
2896991 Laura Moellar, s/k/a Laura Ann Moeller v CW 10/03/2000
No TC err:finding appellant guilty of 3 cnts dist.controlled subs
2941993 Gary Douglas Lee v Robin Elaine Cowan Lee 10/03/2000
No TC error re: spousal support; TC error re: amount of award
0158994 Derek Stanton Lamar v Commonwealth of Virginia 09/26/2000
No TC error re: allowing CW's DNA expert to testify
1028002 Industrial Air Conditioning, et al.v Timberlake 09/26/2000
Summarily affirmed
1150003 Commonwealth of Virginia v Harold Wayne Huffman 09/26/2000
TC's suppression of evidence reversed and case remanded
1195002 United Winner Metals, Inc., et al. v Tanya Hardee 09/26/2000
Summarily affirmed
1249003 Dickenson Co. Medical Center, et al. v Rose 09/26/2000
Summarily affirmed
1697992 Mykal Rashad v Commonwealth of Virginia 09/26/2000
No TC error re: failure to disclose no prejudice case; evid.suff
2710993 Dennis Glenroy Simmonds v Commonwealth of Virginia 09/26/2000
No TC err: revokation of suspended sentence previously imposed
0227004 M. Thompson Early, Jr. v Susan B. Early 09/19/2000
Summarily affirmed
0258004 Joan Laurie Baxter v Michael J. Baxter 09/19/2000
Summarily affirmed
0726001 S. Grey Folkes v Pamela A. Folkes 09/19/2000
Summarily affirmed
0832002 Lifecare Medical Transports, Inc., et al. v Powell 09/19/2000
Summarily affirmed
0999003 Michael A. Andrews v Westvaco Corporation, et al. 09/19/2000
Summarily affirmed
1082992 Stacey W. Beck v Joseph E. Beck, III 09/19/2000
TC err:equit.dist.; invest.funds; child support; spousal support
1132002 Frederick Darden v Mack Jimmy, Inc. Luck Stone,etc 09/19/2000
Summarily affirmed
1108003 Southfork Trucking, Inc. and Reliance Ins. v Whitt 09/12/2000
Summarily affirmed
1216002 Alphonzo Taylor, Sr. v Pocahontas Corr.Unit/CW 09/12/2000
Summarily affirmed
0271001 Samuel B. Davis, Jr. v Louise B. Davis, now estate 09/05/2000
Summarily affirmed
0431002 Bernard Duncan v Data Services and VEC 09/05/2000
Summarily affirmed
0619992 Charles Walter Clay, Jr. v Commonwealth of VA 09/05/2000
No TC err:deny mtns to dismiss charges based on former jeopardy
1736993 Peggy C. Jones v Virginia Retirement System 09/05/2000
Summarily affirmed
1883994 Clarence Milton Thomas v Commonwealth of Virginia 09/05/2000
No TC err:admitting evid.of earlier plea/testimony/med.condition
2587981 Elton Manning Jackson v Commonwealth of Virginia 09/05/2000
No TC err: allowing witnesses to test./overruling mtn/statement
1194994 Phyllis M. Baumann v Virginia Retirement System 08/29/2000
No TC error re: not allowing Williams & Weiss to be deposed, etc
2173991 Vincent Ardie Opie v Commonwealth of Virginia 08/29/2000
Evid.suff.to support conv.for burglary while armed w/deadly weapo
2181993 Ronnie Lee v Commonwealth of Virginia 08/29/2000
No TC err:not allowing appellant to ask during cross re:criterion
2311982 Earl C. Maye, Jr. v Commonwealth of Virginia 08/29/2000
TC err:refusing proper instruct.on assault&batt.as lesser inc.off
2756993 Electra Moore McGay v Culbert McGay 08/29/2000
TC properly used 1985 as date of sep./no err:other assign.of err.
0082002 Douglas James, Jr. v Clarence H. Carter, Commis. 08/22/2000
No TC error re: evid.sufficient to prove founded child abuse
0139992 Edward Lee Caple, Jr. v Commonwealth of Virginia 08/22/2000
Rule 5:18 bars our consideration of question present/no objection
0142991 Antwan M. Kingsberry v Commonwealth of Virginia 08/22/2000
TC error:admitting statement of co-def./No TC err:letter admitted
0412003 John W. Daniel and Co., et al. v Joseph E. Dent 08/22/2000
Summarily affirmed
0709992 Donald J. Ponton v Cheryl J. Ponton 08/22/2000
TC err:mandating he pay his former wife spousal support arrearage
0799001 Chesapeake Bay Contractors, et al. v Seekins 08/22/2000
Summarily affirmed
0800002 Reynolds Metals Company,et al. v Patricia Chowning 08/22/2000
Summarily affirmed
0809003 Design Landscapes, Inc., et al. v Linda Mizzell,et 08/22/2000
Summarily affirmed
0842001 Donald Seekins v Support Services of VA, et al. 08/22/2000
Summarily affirmed/dismissed as moot
1296993 Dorothea Chisom Martin v Commonwealth of Virginia 08/22/2000
No TC error: admitting stmts of co-conspirator/evid.suff.to conv
1637992 Ken Derwin Davis v Commonwealth of Virginia 08/22/2000
TC error re: victim's testimony inherently incredible
1694992 Abdul-Malik Ramadan Salaam v Commonwealth 08/22/2000
Evidence sufficient to support convictions for att.murder of P.O.
2445982 John Carlton Carter, Jr. v Commonwealth of VA 08/22/2000
No TC error re: failure to suppress evid. seized following search
2606982 Harold Alonzo Wilkins v Commonwealth of Virginia 08/22/2000
Evidence sufficient to support conviction for use of firearm
2706982 Phillystene Tucker Jefferson v Commonwealth 08/22/2000
Evid.suff.to support conv. for malicious burning of structure
2786993 Sheila Iron Ratliff Dellinger v James E. Dellinger 08/22/2000
Summarily affirmed
0189992 Anthony Sylvester Gaines v Commonwealth of VA 08/15/2000
No TC error re: finding evid.inadmiss./no cross-exam witness, etc
0476004 Lida Saeedian v Richard M. Millman 08/15/2000
Summarily affirmed
0545994 Dolly Yvonne Parks v Commonwealth of Virginia 08/15/2000
No TC err:responding to jury question/allowing husband to testify
0627993 Jason D. Hailey, s/k/a Jason Duane Hailey v CW 08/15/2000
Appellant failed to make any constitutional arg.in TC;conv.affirm
0715004 Robert Sharp v K B R Corporation, et al. 08/15/2000
Summarily affirmed
0722004 Lida Saeedian v Richard M. Millman 08/15/2000
Summarily affirmed
0792004 Robert Dale Burroughs v Frederick Co. School Bd,et 08/15/2000
Summarily affirmed
0900003 Burlington Industries, Inc.,et al. v Rebecca Golda 08/15/2000
Summarily affirmed
1424994 Christopher S. Fayette, Sr. v Stafford Co. DSS 08/15/2000
No TCerr:evid.all approp.,reasonable efforts by social svcs taken
1843982 William J. Cuozzo, s/k/a William Jay Cuozzo v CW 08/15/2000
TC error re: statements inadmissible/insuff.evid. to support conv
2009993 Kenneth David Newton v Commonwealth of Virginia 08/15/2000
TC error re: permitting the CW to enumerate previous drug convict
2304993 Augusta Co. School Board, et al. v Annie L. Warren 08/15/2000
No WCC error re: clmt suffered compensable chg in cond., et al.
2617991 Willie Louis Johnson v Commonwealth of Virginia 08/15/2000
No TC error re: App.failed to est. search beyond scope of warrant
0433003 George Garland v VEC and Mrs. Giles Country Kitche 08/08/2000
Summarily affirmed
0479004 Ken R. Gallahan v Linda Flood 08/08/2000
Summarily affirmed
0525002 Murray L. Steinberg v Katherine T. Steinberg, etc 08/08/2000
Summarily affirmed
0602002 Murray L. Steinberg v Katherine T. Steinberg, etc 08/08/2000
Summarily affirmed
1052001 Edward L. Jenkins v Peninsula Roofing Company, etc 08/08/2000
Summarily affirmed
1648991 Roy Edgar Morrisette v Commonwealth of Virginia 08/08/2000
No TC err:finding evidence established def.on notice license susp
1973991 William H. Harrison, Jr. v CW 08/08/2000
Insufficient evidence to support conviction for poss.of heroin
0352004 AECOM Technology Corporation,e t al. v Wm. Massey 08/01/2000
Summarily affirmed
0406992 Henry Earl Jones v Commonwealth of Virginia 08/01/2000
Evidence sufficient to support conviction for unlawful wounding
0632002 David A. Lawhorne v Tri-State Cable Comm., et al. 08/01/2000
Summarily affirmed
0731003 Dickenson Co. Medical Center, et al.v Barbara Rose 08/01/2000
Summarily affirmed
0896992 James Ware Kelley, Jr. v Alice Chilton Kelley 08/01/2000
TC err:failure to credit husband w/greater share of marital resid
1129994 Michael Jennings Maddox v Commonwealth of Virginia 08/01/2000
Insufficient evidence to prove second degree murder/case remanded
1202993 Gary Wayne Simmons v Commonwealth of Virginia 08/01/2000
No TCerr:conv.'s for att.mal.wounding/fel.prop.damage/restitution
1221992 Daniel Joseph Pair v Commonwealth of Virginia 08/01/2000
No TC error re: restricting testimony/evid.sufficient to convict
1961992 Jesse Jerome Hendren v Commonwealth of Virginia 08/01/2000
No TC error re: denying motion to suppress evidence
2479991 Zachary S. Lewis v Commonwealth of Virginia 08/01/2000
Correction to page 1: Asst.Attorney General's name is E. Shaffer
2597992 Joie Y. Cametas v John G. Cametas 08/01/2000
No TC err: Judgment affirmed; remanded for further award to wife
2783982 John Alonzo Roach v Commonwealth of Virginia 08/01/2000
Evid.suf.for concealing stolen prop./Insuf.evid.for att.grand lar
0235991 Lemar Jamie Anderson v Commonwealth of Virginia 07/25/2000
TC error re: denying motion to strike Commonwealth's evidence
0264994 Phillip J. Moore v Commonwealth of Virginia 07/25/2000
No TC error re: denying motion CW improperly commented on refusal
0320002 Antonio Miller, Sr. v Richmond DSS 07/25/2000
Summarily affirmed
0663992 Markece Anthony Towles v Commonwealth of Virginia 07/25/2000
No TC error re: admit.to evid.results of DNA analysis of t-shirt
0843992 Kenneth Ray Lewis v Commonwealth of Virginia 07/25/2000
No TC error re: allowing officer to testify re: stmts from inmate
0934004 Paul Robert Serrano v Sarah McKinley Serrano 07/25/2000
Summarily affirmed
1099991 Danial J. Williams v Commonwealth of Virginia 07/25/2000
No TC error re: refusing to permit def.to withdraw guilty pleas
1224982 Antonio Edward Battle v Commonwealth of Virginia 07/25/2000
TC err:no clear,precise, unequivocal evid.waived right to counsel
1255992 David Edward McCord v Commonwealth of Virginia 07/25/2000
TC err:denied proper cross-X;NoErr:permitted witness to be called
1343991 Terry Lamont Whitby v Commonwealth of Virginia 07/25/2000
Evid.suff.to support conv.s of trespass,assault&battery & robbery
1403992 Danny Harold Pfaller v Commonwealth of Virginia 07/25/2000
Because def. raises ineffect.assist.of counsel, appeal dismissed
1770982 Wayne Thomas Pulliam v Commonwealth of Virginia 07/25/2000
Evidence suff. to prove def.operated auto.on date in question
2017993 Michael Lee Gray, Jr. v Commonwealth of Virginia 07/25/2000
Evidence sufficient to support two counts of invol.manslaughter
2208991 Mark Filby, s/k/a Mark Douglas Filby v CW 07/25/2000
No TC error: evid.excluded/evid.suff.to support burg.conviction.
2481994 Gregory Jude DeVeau v Mutsumi Azemoto-DeVeau 07/25/2000
TC err:removing req'ment of supervised visitation w/out notice
2615991 Richard Wood v Janice Wood Chambliss, f/k/a J.Wood 07/25/2000
No TC error: not terminating pension payments to wife
3103992 RISE, et al. v CW, DEQ, DWM, et al. 07/25/2000
No TC err:permit supp.by agency file,et al./dism.of Cts II-V, etc
0042992 Lavonnia Nichole Tate v Commonwealth of Virginia 07/18/2000
NO TC err: child seriously injured/intent to harm
0137004 Clarence W. Truax,Jr. v William A. Hazel, Inc.,etc 07/18/2000
Summarily affirmed
0137992 Steven Lamont Carney v Commonwealth of Virginia 07/18/2000
Evid.suff.to convict for robbery & use of firearm in commission
0466001 Tecnico Corporation and Legion Ins.Co. v Zimmer 07/18/2000
Summarily affirmed
0661003 Herbert Felix Stacy, Jr. v Westmoreland Coal Comp 07/18/2000
Summarily affirmed
0946992 Melinda May Mendez v Commonwealth of Virginia 07/18/2000
Evidence sufficient to prove grand larceny;excluded anyone else
1400934 Mary E. Howard v James T. Howard 07/18/2000
TC error: failing to include items in husband's gross income, etc
2077992 Larry Wayne Smith v Commonwealth of Virginia 07/18/2000
No TC error re:admitting cert.of analysis (no sufficient request)
2254982 Odeh Benjamin v Commonwealth of Virginia 07/18/2000
Evid.suff.to convict for felony failure to stop at scene of accid
2368993 Elbert Lamont McCain v Commonwealth of Virginia 07/18/2000
Evidence suff. to support convictions for poss.of cocaine, et al.
2648991 Terrence Marcellus Woolard v Commonwealth of VA 07/18/2000
TC err:CW failed to establish inherent reliablity of confessions
2664983 Anthony Davon Slade v Commonwealth of Virginia 07/18/2000
TC err:conviction barred by earlier conviction for disch'ing FA
2861993 Douglas Allen Tignor v Patricia Lynn Smith Tignor 07/18/2000
TC err:erroneously classified lump sum settlement as marital prop
3074994 Donna Reid v Loudoun County DSS 07/18/2000
Summarily affirmed
0242004 Linda M. Nelson v Andrew M. Gecelosky 07/11/2000
Summarily affirmed
0497002 Commonwealth of Virginia v Jamison Jerald Morton 07/11/2000
No TC err:granting mtn to supp/seizure unreasonable-no prob.cause
1487993 Corey Anton Johnson v Commonwealth of Virginia 07/11/2000
Evid.suff.to prove Johnson guilty of possessing cocaine w/intent
1872992 Sharon Luanne Walker v Charles R. Pfeiffer 07/11/2000
TC error re: time share sale/No TC error re: jurisdiction, etc
2767992 Evan A. Burkholder v Cynthia A. Burkholder 07/11/2000
No TC err:affirming order extending spousal support & fees &costs
3111994 Robert Lee Thacker v TNT Insulations Co., et al. 07/11/2000
WCC error re: denial of benefits; employee covered; case remanded
0584992 Eddie Lee Gills v Commonwealth of Virginia 07/05/2000
TC err:warrant insufficient to prove prior conv.for habit.offende
0727003 Edith Rivera v Roanoke City DSS 07/05/2000
No TC error re: ordering emergency removal of grandsons
1228992 Rashawn A. Neville v Commonwealth of Virginia 07/05/2000
Evidence sufficient to support conviction for grand larceny
1460992 WHW, Inc. et al. v Edward Calvin Bristow 07/05/2000
No WCC err:marketing work capacity/constructively refused employ.
2169992 Linda Cintron v David A. Long 07/05/2000
TC error re:changing custody from mother to father; case remanded
2550992 Matthew L. Archer v Commonwealth of Virginia 07/05/2000
TC err: poss.firearm by conv.felon/No TC err:breaking & entering
3067994 Polly B. Norris v Fairfax County School Board 07/05/2000
Summarily affirmed
0183002 Commonwealth of Virginia v Adib Ameer Marzuq 06/29/2000
TC error:drugs and other evidence seized during protective sweep
0340001 Commonwealth of Virginia v Luis Enrique Merced 06/29/2000
TC error re: Encounter consensual and didn't implicate 4th Amend
0604003 Edward Johnson v Roanoke City Dept of Social Svcs 06/27/2000
No TC error re: termination of parental rights
0715994 Mohamed Soleiman Mustamandi v Commonwealth of VA 06/27/2000
Insuff.evidence to find guilt beyond reasonable doubt for robbery
0827992 John E. Clark v Linda J. Clark 06/27/2000
TC error: Award to wife/child support arrearage/equit.dist.award
0939994 Miller & Long Co. Inc., et al. v Jerry M. Blake 06/27/2000
Insuff.evid.to supp.WCC's finding clmt's injury rose out of emplo
1463994 Duane Scott Boyce v Commonwealth of Virginia 06/27/2000
Constitutional challenge not properly preserved;convictions affir
1692992 Rodney Arzan Cobbs v Commonwealth of Virginia 06/27/2000
Insufficient evid.to support conviction for poss.cocaine w/intent
1870993 Susie M. Plasters v Commonwealth of Virginia 06/27/2000
TC err:convict.CW confessed error/No TC err:unauthorized use VCIN
1949992 Momar O. Guy, s/k/a Momar Oboi Guy v CW 06/27/2000
Insuff.evid.to prove crime committed-illegal search; jdgmt revers
1980994 Maria Avila v Commonwealth of Virginia 06/27/2000
Evidence sufficient to support conviction for arson
2033992 E. Steven Palmore v Pamela S. Palmore 06/27/2000
No TC err:refusal to award a share of post-sep.increase of home
2132994 Roberto Calderon v Commonwealth of Virginia 06/27/2000
Evid.suff.to prove conviction for malicious burning of school
2761992 Alvin Quash v Marjorie S. Quash 06/27/2000
No TC err: atty's fees/class.marital prop/prejud.interest/grounds
2829992 ElizabethH.Willis,n/k/a M.E.Harris v Rickie Willis 06/27/2000
No TC error re: denial of motion to terminate visitation
0008003 Uninsured Employer's Fund v Hilltop Lumber Co, etc 06/20/2000
Summarily affirmed
0844993 Marilyn Jean Lester v Commonwealth of Virginia 06/20/2000
No TC err:admitting polygraph evid.had no impact on TC's findings
0880992 Wakeel Abdul Sabur, a/k/a et al. v Commonwealth 06/20/2000
NoTCerr:admitting video/allowed CW to refer to video/evid.suff et
1628982 Daniel Wade Inge v Commonwealth of Virginia 06/20/2000
Evidence sufficient to prove elements of rape
1670994 Armando Gonzales-Loya v Commonwealth of Virginia 06/20/2000
Evidence sufficient to prove conspiracy to distr.cocaine
1725982 William Lee Kauffman v Commonwealth of Virginia 06/20/2000
No TC err:refusing to suppress certificate of analysis of BAL
1730992 Andre Lamont Noel v Commonwealth of Virginia 06/20/2000
TC err: transp.cocaine/No TC err:consp.to dist/dist.cocaine/w/int
1797993 Dexter Joseph Summers v Commonwealth of Virginia 06/20/2000
Evid.suff.to prove defendant maliciously struck victim w/intent
1799994 James Maynard Pro v Commonwealth of Virginia 06/20/2000
Evidence sufficient to prove making threat to burn building
2083993 Steven Joseph Jolinski v Commonwealth of Virginia 06/20/2000
Evidence sufficient to support conviction for disorderly conduct
2087992 Jesse Lee Blackwell v Commonwealth of Virginia 06/20/2000
Evid.suff.to prove poss.w/intent to dist.w/in 1000 ft of a school
2256992 Larry P. Cook v Mecklenburg County DSS 06/20/2000
Evid.suff.to supports DSS's clear & conv.evid.to term.parent rts
2497981 Cory DeLaurencio v Commonwealth of Virginia 06/20/2000
On page 11, line three, the word "proceeded" should be "preceded"
2512991 Michael Ray Wiese v Belinda Lee Wiese 06/20/2000
TC err:monetary award to wife/No TC err:class. of personal prop.
2621991 Belinda Lee Wiese v Michael Ray Wiese 06/20/2000
CAV expresses no opinion on wife's appeal, but vacates and remand
2754994 Blair S. Archibald v George H. Archibald 06/20/2000
TC erred in modifying earlier order to modify spousal support
2802991 Kenneth Francis Chandler, Sr. v Gracie M. Chandler 06/20/2000
Summarily affirmed
3020992 Dan River, Inc. v Sammy Terry 06/20/2000
No WCC err:awarding benefits-medical evid.est.causal connection
0078004 Michael Andrew Lamont v Shelia Ann Lamont 06/13/2000
Summarily affirmed
0323004 Robert Costello Construction, et al. v Bradley 06/13/2000
Summarily affirmed
1332991 Harold Kenneth Dickerson, III v Commonwealth 06/13/2000
No TC err:deny mtn to supp.evid.seized following invest.detention
1481991 Brian Christopher Daniels v Commonwealth of VA 06/13/2000
TC err:sentencing 50 yrs for abduction/No TC err:FA & robbery con
1620991 Sonne M. Bailey, s/k/a, et al. v Commonwealth 06/13/2000
No TC err:denying post-trial mtn for new trial on after-disc.evid
1788993 Wayne Sylvester Gunn v Commonwealth of Virginia 06/13/2000
Evid.sufficient to find appellant in constructive poss.of cocaine
1805992 George Leonard Underwood v Commonwealth of VA 06/13/2000
No TC err: finding appellant drove on "highway of CW"/conv.affirm
1904991 Marvin L. Hunter, III v Commonwealth of Virginia 06/13/2000
Evid.suff.to support possession of firearm by convicted felon
2145992 Edward H. Habboush v Elizabeth H. Walsh, f/k/a etc 06/13/2000
No TC err:order mom to pay increased child supp/visit./fees/depos
2472991 Rebecca Elgin, f/k/a Rebecca Elgin Kroner v Kroner 06/13/2000
TC err:Failing to abide by provision in settlement re: atty fees
2776993 Steve Rose v Betty Bartlett and Wendy Rose 06/13/2000
J&D juris.to adjud.instant issues of cust.&supp survived divorce
3097994 Robert B. Strain v Josephine C. Strain 06/13/2000
Summarily affirmed
0290003 John Charles Harriger v Pepsi-Cola General Bottler 06/06/2000
Summarily affirmed
0306994 Judith Carlisle v George Carlisle 06/06/2000
No TC err: visitation/lump sum award-impute income to wife, etc
0903991 Tanya L. Drummond v Commonwealth of Virginia 06/06/2000
No TC err:overruling Batson chal./jury instr. vol.mansl/evid.suff
1010991 James M. Blaker v Perry's Heating, Air & Elec., et 06/06/2000
No WCC err: refusal to attend exam/improper medical mgmt/ et al.
1216992 Kevi Comas, s/k/a Kevi Salvador Comas v CW 06/06/2000
Insuff.evid.to convict for distribution of heroin/consp.to dist.
1686991 Lois Eunice Roundtree v Commonwealth of Virginia 06/06/2000
No TC err:denying mtn to supp.stmts in viol.of right to be silent
1843992 Michael Woolfolk v Commonwealth of Virginia 06/06/2000
No TC err:denial mtn to supp.reliab.of informant/4th Amend.search
2030991 Jeffrey Warren Ainslie v Cynthia G.M. Ainslie 06/06/2000
TC err:no enforcing prop.sett.agrmt.where husband gets credit
2222992 Estil F. Davidson, Jr. v Deborah Davidson Van Epps 06/06/2000
CAV finds stmt of facts is indispensable to determination of case
2451981 Mark A. Michael v. Commonwealth of Virginia 06/06/2000
No TC error re: no violation of right to speedy trial
2968984 Anabel Basinger v Commonwealth of Virginia 06/06/2000
No TC err: admitting expert testimony on handwriting comparison
3091993 Lester Ray Terry v Roanoke City DSS 06/06/2000
No TC err: DSS proved Terry unwilling/unable to remedy conditions
0361992 Susan D. Fitzpatrick v Commonwealth of Virginia 05/30/2000
Evid.suff.to prove appellant had been declared habit.offender
1155991 Home Beneficial Corporation, et al. v M.M. Jackson 05/30/2000
No WCC err:appellants equitable estopped from asserting 2yr limit
1459994 Susan Jacqueline Burns v Commonwealth of Virginia 05/30/2000
No TC err: no evid. supp. self-defense; any error was harmless
1603991 Michael Charles Cooke v Commonwealth of Virginia 05/30/2000
No TCerr:admit.evid.of stmt to police by alleged accomp.harmless
1976992 Edward Alexander Beckford, Jr. v Commonwealth 05/30/2000
Beckford failed to preserve claims for appeal
2207991 Tidewater Physicians Multispecialty, etc v Harris 05/30/2000
Suff.evid.supports WCC found Harris made effort to market res.cap
2550981 William R. Blair v Commonwealth of Virginia 05/30/2000
No TC err:denying mtn to dismiss on statutory speedy trial ground
2580993 Geraldine I. Jones v Frank E. Jones 05/30/2000
TC err: lacked jurisdiction to entertain suit at time filed
2715994 Lisa Woolfolk v Loudoun County DSS 05/30/2000
Summarily affirmed
2860994 Gary Lee Fisher, Sr. v Warren Co. DSS 05/30/2000
No TCerr:DSS made efforts to return son;clear&conv.evid.cond.corr
0388992 Eric Durrell Jackson v Commonwealth of Virginia 05/23/2000
Insuff.evid.to prove malice/Self-def.properly rejected/remanded
0542991 John Emory Redding v Commonwealth of Virginia 05/23/2000
No TC err:denial of mtn to supp.evidence during consensual search
1274992 James Monroe Hague, s/k/a etc. v Commonwealth 05/23/2000
No TC err:decision permitting the rape victim to remain in ctroom
1427991 Michael Defrancisco v Commonwealth of Virginia 05/23/2000
TC error re: appellant invoked his right to counsel
1813993 John Mitchell Burgess v Shirley Clarke Burgess 05/23/2000
TC err: reduction of value of marital estate/matter remanded
1861992 Sarah Elizabeth Schoenfield, s/k/a etc. v CW 05/23/2000
No TC err:denial mtn to supp.evidence/no illegal search & seizure
1953991 Michael William Koulouris v Commonwealth of VA 05/23/2000
No TC err:denial of mtn to suppress eyewitness i.d./evid.suff.
2237984 Mauricio Moreno v Commonwealth of Virginia 05/23/2000
Evid.suff.to prove app.had intent to deprive victim of liberty
2477992 William Hazel Companies,et al. v Jesse R. Creswell 05/23/2000
No WCC err:clmt's pre-exist. arthritis not aggravated by comp inj
2762994 Medtech Health Care Training v VA Bd. of Nursing 05/23/2000
TC's order remanding matter is interlocutory order/CAV-no jurisdi
0059004 World Color Retail, etc.v Bonnie M.Pelzer-Pugliese 05/16/2000
Summarily affirmed
0060992 Lester Frizzell Morris, s/k/a v CW,Chesterfield Co 05/16/2000
TC error re: not striking juror for cause
0166992 Ottis Lee Wainwright v Commonwealth of Virginia 05/16/2000
No TC err:admitting appellant's statment for impeachment purposes
0385992 Dennis Henley, s/k/a, etc. v Commonwealth of VA 05/16/2000
No TC error re: not denying the motion to suppress
0523992 Latroy Lee Saunders v Commonwealth of Virginia 05/16/2000
No TC err:denial of motion to suppress evid. seized before arrest
0641992 Stevie Adams v Commonwealth of Virginia 05/16/2000
No TC err: indictment cured any defect occurred (notification)
0679992 Artis Orlando McDonald v Commonwealth of Virginia 05/16/2000
No TC err:indicment cured any defect that occurred (notification)
0681992 Bill Lewis Odom, Jr. v Commonwealth of Virginia 05/16/2000
No TC err:denying motion to strike juror for cause after response
0773992 Tanya Dionne Edwards v Commonwealth of Virginia 05/16/2000
Evidence sufficient to support convictions for grand larceny, etc
0974992 Shawn William Murphy, s/k/a Shawn D. Murphy v CW 05/16/2000
No TC error re: value of firearm irrelevant to offense
0980992 Patricia Bryant Guthrie v Commonwealth of Virginia 05/16/2000
No TC error re: admitting birth certificate into evidence
1275992 Sheba Benille Howard v Charlottesville DSS 05/16/2000
Evidence sufficient to support termination of parental rights
1359992 George Henson, Jr. v Commonwealth of Virginia 05/16/2000
No TC err: striking juror for cause/evid.suff.to support convict.
1444994 Richard Baylor Moriarty v CW, DMV 05/16/2000
No TC error re: admitting record of prior conviction
1586991 Roger Corey Newton v Commonwealth of Virginia 05/16/2000
Evidence sufficient to support rape conviction
1829992 Calvin Lee Barrett v Commonwealth of Virginia 05/16/2000
No TC error re: refusing to strike juror for cause
1844993 Kendall Lee Crawford v Commonwealth of Virginia 05/16/2000
No TC error re: TC had jurisdiction to try case
1878993 Edmund Steven Hardman v Commonwealth of Virginia 05/16/2000
No TC error re: admitting defendant's statements (harmless error)
1965993 Fines L. Dishman, II v Christina Dishman 05/16/2000
Summarily affirmed
2035992 Oscar Spencer Fields v Jewell Bevell Fields 05/16/2000
Husband failed to prove material chg in circum.that just.modifica
2094992 Rodney J. Miller v Elizabeth W. Easter, f/k/a etc. 05/16/2000
TC error: admission child's statements of unsubstantiated abuse
2317992 Arthur C. Kreiger, II v Commonwealth of Virginia 05/16/2000
Summarily affirmed
2373994 Delores Chavira Payan, a/k/a etc. v Commonwealth 05/16/2000
No TC err:considering photos at sent.refused to admit at plea hrg
2532992 Billy R. Shea v Transportation Unlimited, et al. 05/16/2000
No WCC error re: employee unjustifiably refused selective employ
2876981 James S. Shaw v Commonwealth of Virginia 05/16/2000
Evidence sufficient to support conviction for embezzlement
0013003 Rigoberto C. Gutierrez v Espina Stone Company, et 05/09/2000
Summarily affirmed
0061991 Shelton Orell Carter, s/k/a Sheldon Carter v CW 05/09/2000
Evidence sufficient to prove requisite intent to kill
0337991 David Coppedge v Commonwealth of Virginia 05/09/2000
Evidence sufficient to prove poss.heroin w/intent to distribute
0411992 Tamir M. Taylor v Commonwealth of Virginia 05/09/2000
Evidence sufficient to support conviction for felony child neglec
0710994 Michael Anthony Booker v Commonwealth of Virginia 05/09/2000
No TC err: defendant didn't distribute cocaine as accommodation
0716992 William MacDonald Terry v Commonwealth of Virginia 05/09/2000
Evid.sufficient to support agg.mal.wounding, use FA in comm., etc
0745994 Jerome D. Robinson v Commonwealth of Virginia 05/09/2000
No TC error re: admission into evidence statement from informant
0856992 Douglas Olgers v Commonwealth of Virginia 05/09/2000
No TC err:conv.killing deer/TC err: misdemeanor sentencing order
1236992 Patrick Marcel Patterson v Commonwealth of VA 05/09/2000
Evidence sufficient to prove grand larceny, forgery & uttering
1263993 Alessandro Ferreira Lima v Commonwealth of VA 05/09/2000
Evid.suff.to support conv.grand larceny/properly valued items
1494991 Ace House Movers, Inc., et al.v Michael N. Jackson 05/09/2000
Evid.suff.to prove medical treatment causally related to accident
1605993 Lavicie N. Sawyers, s/k/a v Tazewell Co. DSS 05/09/2000
No TC err:termination of parental rights in children's best inter
1789993 Barry Willie McCain v CW and City of Danville 05/09/2000
Evidence sufficient to prove he was operator of car
1855993 William Edward Lalik v Commonwealth of Virginia 05/09/2000
Evidence suff.to prove contempt of court in viol.Code 18.2-456(5)
1984991 Montusa Karundo T. Pace v Commonwealth of VA 05/09/2000
TC error re: admission of statement, but error was harmless
2201993 International Paper Company v James H. DeHart 05/09/2000
No WCC error re: finding claimant's injury rose out of employment
2255994 Don Wilson, s/k/a Donald Cordell Wilson v CW 05/09/2000
No TC err:admission of evidence re: prior altercation with victim
2521992 Walter X. Slawski v CW, DSS, DCSE, ex rel. Slawski 05/09/2000
Summarily affirmed
2537994 Shohreh Ghasem v Fairfax Co. DSS 05/09/2000
Evid.suff.to meet clear & convincing evid. for term.parental rts
2992982 Oeup Tho v Commonwealth of Virginia 05/09/2000
Record fails to est.common ident.of relevant charges for dou.jeop
3010993 Walker J. Ferguson v Limitorque Corporation, et al 05/09/2000
No WCC err:concluding dr.'s opinion not suff. to bring two causes
0169991 Debby Jo Wallman v Commonwealth of Virginia 05/02/2000
Evidence insufficient to support conviction for poss.of heroin
0346991 Clinton T. Rogers, Jr., s/k/a etc. v Commonwealth 05/02/2000
No timely object.to improper test.;no reason invoke except.5A:18
0378991 Victor Carter v Commonwealth of Virginia 05/02/2000
Evidence sufficient to support convictions for cocaine/firearm
0474992 Michael Allen Berry v Commonwealth of Virginia 05/02/2000
No TC error re: denial of motion for mistrial -- Pulley v CW
0720992 Sylvester Gary v Commonwealth of Virginia 05/02/2000
Since record incomplete, CAV refuses to review claimed error
0930991 Christopher James Moltz v Commonwealth of Virginia 05/02/2000
No TC err:admit.stmt as declar.against penal int./denial mtn mstl
0961992 Bryant Lavar Gayles v Commonwealth of Virginia 05/02/2000
No TC error: if failure to give instruction error, error harmless
0982993 Ralph Bailey Gormus v Commonwealth of Virginia 05/02/2000
TC err:restricted cross-exm,but error harmless;jury instr.not err
2038993 Jumunik Monteon Finney, s/k/a Juminik Finney v CW 05/02/2000
No TC error re:denial of mtn to dismiss;had jurisdiction to hear
2061984 Debra Ann Wilson v Commonwealth of Virginia 05/02/2000
Evid.suff.form was correct and Wilson made willfully false stmts
2291993 Martinsville City School Bd., etc. v Timothy Myers 05/02/2000
No WCC error re: refusing to order change in clmt's treating dr.
2803993 Michael Charles Fries v Patricia Ann Fries 05/02/2000
TC error re: invalidating sep.agrmt, vacate equit.dist.; remanded
2889992 Catherine M. Jackson v J. Sargeant Reynolds/CW 05/02/2000
Summarily affirmed
0314992 Ronald Clyde Iverson v Therese Rose Iverson 04/25/2000
No TC err:equitable distribution/valuation of property/tax liab.
0473993 Charles Ray Lewis, III v Commonwealth of Virginia 04/25/2000
No TCerr:necessary intent to convict of assault-issue not raised
0576994 Melvin James Marshall, Jr. v Commonwealth of VA 04/25/2000
Evid. sufficient to establish appellant was perpetrator of crime
1112993 Melvin Wayne Blankenship, Jr. v Commonwealth of VA 04/25/2000
Evid.suff.to supp.appellant's conv.s for chged off.as 2d principa
1279992 Michael L. Hamlin, s/k/a Michael Leon Hamlin v CW 04/25/2000
No TC error re: denial mtn to suppress; search w/in scope given
1441993 David Coleman v CW, DSS, DCSE ex rel. B.Hutcherson 04/25/2000
TC err: award of arrearage/remand to TC with direction to vacate
1888984 Charles R. Carey, s/k/a Charles Rising Carey v CW 04/25/2000
No TC error:admitting certificate of analysis:no stat.violation
2172981 Tina Marie Samuel v Commonwealth of Virginia 04/25/2000
Evid.suff.to prove appellant stole clothing in excess of $200
2357993 George Montgomery Cook v Island Creek Coal Company 04/25/2000
No WCC err:disability not causally related to 10/20/96 inj.by acc
2505991 Gwaltney of Smithfield, et al. v Clarice Cypress 04/25/2000
No WCC err: carpal tunnel syn.comp. disease of life/TTD benefits
2526991 Roy D. Hare, Sr. v Janice D. Hare 04/25/2000
Summarily affirmed
2879992 Paula Ripley v Charlottesville Dept of Social Svs 04/25/2000
Summarily affirmed
2890983 Troy Dyon Tarpley v Commonwealth of Virginia 04/25/2000
Evidence sufficient to support conviction for grand larceny
0266994 Patrick Howard Bailey v Commonwealth of Virginia 04/18/2000
Evidence sufficient to support conspiracy convictions
0446994 Templeton Oldsmobile Dodge, et al. v Charles Dyer 04/18/2000
No WCC error re: Dyer able to work beginning on 12/31/97
1210993 Westley Lee Hayes v Commonwealth of Virginia 04/18/2000
No TC error re: denial of motion to suppress evidence
1265992 Theodore Lee Hall v Commonwealth of Virginia 04/18/2000
No TCerr:confirm.of insur.doc.was public record/intent to defraud
1549984 Christopher J. Strope v Commonwealth of Virginia 04/18/2000
No TC err:joining trial with codef./no viol. of 1st Amend. rights
2961991 Donald M. Fett, Jr. v Waymar, Inc., et al 04/18/2000
Summarily affirmed
0586992 Gregory Leland Raymer,s/k/a Gregory L.Raymeur v CW 04/11/2000
Evidence suff.to support two counts of fraud'ly.obtaining money
0949992 Richard Wiley Griffin v Commonwealth of Virginia 04/11/2000
Evid.suffi.to support convictions for abduction,use FA, stat.burg
1019991 Troya Andre Wright v Commonwealth of Virginia 04/11/2000
Evid.suff.to support conv.for assault & battery on police officer
1065991 CW v Shawn Lewis, s/k/a Shawn L. Lewis 04/11/2000
TC error re: lacked authority to restore driving privileges
1127992 April Darnell Edgecombe v Commonwealth of Virginia 04/11/2000
Evidence proved "consent" to search was product of unlawful seiz.
1215991 Larry Lee v Commonwealth of Virginia 04/11/2000
No TC error re: no abuse of discretion re:revoking suspended sent
1291992 Katherine A.Wiglesworth,s/k/a K.A.Wigglesworthv CW 04/11/2000
Insuff.evid.to prove failure to appear;Evid.suff. to prove escape
1533991 Catherine A. DiMauro v VA Beach Dept.of Social Svs 04/11/2000
NoTCerr:term.of resid.parent.rights-no remedy cond./foster care
1669992 James B. Terrell v Commonwealth of Virginia 04/11/2000
TC error:sent.for felony assault--should have been mal.wounding
1808992 Krishan Rana v Shakuntla Rana 04/11/2000
No TC err:sp.supp./no chg in circum./wife not volunt.unemployed
2047994 Ronald James Uzenoff v Linda Anne Terrell 04/11/2000
No TC err:1991 order where husband would support children past 18
2321984 Mario A. Bustillo v Commonwealth of Virginia 04/11/2000
No TC err:denial of mtn to set aside verdict for after-disc.evid
2403991 Richard Penn v Diane A. Penn 04/11/2000
Summarily affirmed
2422984 Mario A. Bustillo v Commonwealth of Virginia 04/11/2000
No TC err:denial of mtn to set aside verdict for after-disc.evid
2487992 Theresa Tibbitts v Depart.of Soc.Svs for Henrico 04/11/2000
Summarily affirmed
2599992 Lawrence Pennybacker v Spotsylvania Co. DSS 04/11/2000
Summarily affirmed
2711992 Dan River, Inc. v Carla A. Hairston 04/11/2000
Summarily affirmed
0113994 Paul Allen Friedline v Commonwealth of Virginia 04/04/2000
NoTCerr:admis.of evid.pertaining to crime that occurred same nite
0283991 Carlton Nelson, Jr., a/k/a Carlton Williams v CW 04/04/2000
No TC error:juris.re:mal.wounding/indict.cures defects/cross-exam
0550991 Daniel Soctt Piela v Commonwealth of Virginia 04/04/2000
Evid.sufficient to support conviction of obstruction of justice
0884994 Samia Mills v Michael L. Mills and Marcia B. Mills 04/04/2000
No TC error re: evid.proved adoption is in child's best interests
0934991 Walter D. Boone, Jr. v Commonwealth of Virginia 04/04/2000
No TC error re: denial of motion to supporess stmt made to police
1289994 Edward Lindsay Yates v Commonwealth of Virginia 04/04/2000
No TC err: search based on valid & Continuing consent
1393991 Kenneth Anthony Gore v Commonwealth of Virginia 04/04/2000
Evidence sufficient to prove appellant entered dwelling w/intent
1641994 Visanoukoun Souksengmany v Commonwealth of VA 04/04/2000
No TC error re: indictment in circuit ct cured alleged defects
1975991 Donavon T. Watkins, s/k/a Donovan T. Watkins v CW 04/04/2000
Insufficient evidence to support conviction for grand larceny
2380994 Robert E. Young, Jr. v Mary Patricia Young 04/04/2000
TC err:excl.testimony and applied improper stand. for mtn to strk
2438993 Daniel Brian Drysdale v Deborah Whitt Drysdale 04/04/2000
Summarily affirmed
2971991 Sentara Norfolk General Hospital v Melvin Spruill 04/04/2000
Summarily affirmed
0161994 Robert Charles Laidler v Commonwealth of VA 03/28/2000
TC err:insuff.evid.assault/No TC err: admit.test./jury instructio
0330993 Link L. Thompson v Commonwealth of Virginia 03/28/2000
TC error re: Thompson not lawfully adjudicated habitual offender
0622992 Milton J. Hodges v Commonwealth of Virginia 03/28/2000
Evidence sufficient to prove grand larceny (value of goods)
0669994 Kenneth R. Fox v Wendy R. Fox 03/28/2000
No TC error re: trial judge's imposition of non-part.sanctions
0769992 CW, DEQ, et al. v Resident Involved in Saving Envi 03/28/2000
We hold circuit court lacked jurisd.to award Residents atty fees
0872983 David Todd Underwood v Commonwealth of Virginia 03/28/2000
Appellant procedurally defaulted issues 1&2; argument rejected #3
0954984 Jack Clark Bestwick, II v Commonwealth of Virginia 03/28/2000
Evidence sufficient to prove obtaining money by false pretenses
1116992 Rodney Leon Wells v Commonwealth of Virginia 03/28/2000
NoTCerr:Wells didn't preserve evident.issue for appeal/evid. suff
1515991 Jamaryl Gilbert v Commonwealth of Virginia 03/28/2000
App.waived objection to juris.of TC by failing to raise objection
1660991 ARA Health Services and Old Republic Ins. v Flaz 03/28/2000
No WCCerr:cost of living bene/retro c-o-l bene./clm timely/laches
1851992 Snap Contracting Corporation, et al. v Eastwood 03/28/2000
No WCC err:rev.suspending temp.total disab.for fail.to mkt.wk.cap
1953984 Giles Braxton, s/k/a Giles E. Braxton v CW 03/28/2000
Evidence sufficient to prove statutory burglary and grand larceny
2097983 Pierre Auguste Renoir v Commonwealth of VA 03/28/2000
TC err:cunnilingus/anal sod./object sex.pene./other counts affirm
2202982 Stephanie Leigh-Anne Cull, s/k/a etc. v CW 03/28/2000
No TCerr:refusing jury instr.on duress/making video avail.to jury
2528992 Deborah Patterson v Nottoway Co. DSS 03/28/2000
Summarily affirmed
2826984 Ronald Eugene Walker v Commonwealth of Virginia 03/28/2000
NoTCerr:inst.jury re poss.st.gds/ref.instruct jury less.incl.off
2928993 Milton Earl Oakley v Yellow Freight Systems, Inc. 03/28/2000
Summarily affirmed
2965983 John Tyson v Commonwealth of Virginia 03/28/2000
No TC error re: TC had jurisdiction to adjudicate app.habit.offen
0075991 Mario Ballard, s/k/a Mario Maurice Ballard v CW 03/21/2000
No TC err:error in J&D Ct cured by indictment in circuit court
0156994 Marcus Stergiou v Frederick Co. DSS 03/21/2000
No TC error re: termination of residual parental rights
0200992 James Tyrone McCray v Commonwealth of Virginia 03/21/2000
Insufficient evid.to support McCray's conviction for poss.cocaine
0404994 Joseph Dale Bowler v Commonwealth of Virginia 03/21/2000
No TC error re: refusing self-def.instruction/evid.sufficient
0609993 Ted Michael Stallings, Jr. v Commonwealth of VA 03/21/2000
Evid.suff. to prove appellant intentionally struck police officer
0892994 Frederick S. Hird, Jr.v Margaret Jane Cryor Gaynor 03/21/2000
No TC err:issue re:interest resolved/precluded from revisiting
0932991 Victoria M. Frazier v James R. Frazier 03/21/2000
TC err:award lump sum sp.supp.in lieu of periodic sp.sup/remanded
1089992 Timothy Rome Baker, Jr. v Fredericksburg DSS 03/21/2000
No TC error re: termination of parental rights
1128984 William Eugene Jones, etc v Commonwealth of VA 03/21/2000
No TC err:record not suff. to prove appellant's claim of error
1144994 Maher Elgnawey v Northern VA Steel Corp., et al. 03/21/2000
No WCC err:no brain inj.resulting in disability/able to use legs
1276992 Ronald D. McCray v Commonwealth of Virginia 03/21/2000
TC err:revoking susp.sent.re:larceny/NoTCerr:revok poss. cocaine.
1716991 Newport News Shipbuilding, et al. v Queen Wiggins 03/21/2000
No WCC error re: clmt entitled to disability comp./no select.empl
1981994 Joyce Elizabeth Czajkowski v Kenneth Labowitz, Adm 03/21/2000
TC err:deed to husband and herself conveyed as tenant in common
2687993 Jerome P. Calloway, Sr. v Bedford Co. DSS 03/21/2000
Summarily affirmed
2693981 Carolyn Barnes v Commonwealth of Virginia 03/21/2000
Evid.suff.to support convict.for receiving stolen prop/comp.fraud
0217991 Matthew McHerrin v Commonwealth of Virginia 03/14/2000
Evidence sufficient to prove def. possessed the cocaine found
0363991 Wayne R. Marshall v Commonwealth of Virginia 03/14/2000
NoTCerr:TCinstr.re:transf.intent-Minott/Insuf.evid.for A.Brown
0524993 Somchith Xayapheth v Commonwealth of Virginia 03/14/2000
No TC err:properly advised of Miranda rights/confess.harmless err
0722991 James Thomas Curry v Commonwealth of Virginia 03/14/2000
Insuff. evid. to est.requisite value of property/i.d. defendant
0921992 Aramark Corp.& National Reliance Ins. v VA Terry 03/14/2000
WCC error re: Clmt failed to est.chg in cond./causal connection
1197994 Michael Fincham v Commonwealth of Virginia 03/14/2000
No TC err:admitting evid. def. may have committed other crimes
1338993 Uninsured Employer's Fund v Tony Allen Nichols 03/14/2000
NoWCCerr:denial of Fund's application for termination of benefits
2096982 Kenneth Jackson v Commonwealth of Virginia 03/14/2000
No TC error re: denial suppression motion: evid. in plain view
2225981 Harry Stephen Caprio v Commonwealth of Virginia 03/14/2000
NoTCerr:denial mtn for mistrial-strike juror/CW arg.ok/evid.suff.
2923982 Dennis Allen Bishop v Commonwealth of Virginia 03/14/2000
No TC err:Davis'out of court stmt qual.as except.to hearsay rule
0569991 Kelvin Watford v Commonwealth of Virginia 03/07/2000
NoTCerr:refusal to instruct jury on accommodation poss.of cocaine
0878991 Dennis W. Johnson v Commonwealth of Virginia 03/07/2000
No TC error re: denial of mtn to supporess evidence/no "seizure"
0909991 Eric Lin Harris v Commonwealth of Virginia 03/07/2000
CW suff.est.evid.received by "authorized agent" w/in 19.2-187-01
0917991 Lisa Beaton v VA Department of Social Services 03/07/2000
TCerr:Insuff.evid.DSS's determ."Inadequate Superv.-L.3" "Founded"
1006994 Alain Wampouille v Andrea B. Barnett 03/07/2000
Summarily affirmed
1081991 Mansur Rahnema v Shala Rahnema 03/07/2000
No TC error re: basing divorce on separation/post-marital agrmt
1117991 Barri L. Ferraro v Glenn Robert Ferraro 03/07/2000
No TC error re:granting divorce/spousal support/equit.dist.awards
1156991 Shahla Rahnema v Mansur Rahnema 03/07/2000
No TC err:marital agmnts unconscionable/no award of atty fees
1180991 Glenn Robert Ferraro v Barri L. Ferraro 03/07/2000
No TC error re: granting divorce/spousal support/equit.dist.award
1182991 Terrance Lester Kindred, Jr., s/k/a, etc. v CW 03/07/2000
Insuf.evid.to establish appellant constructively poss.'d cocaine
1385992 Paula Cook v Petersburg Dept of Social Services 03/07/2000
No TCerr:DSS found by clear&convincing evid.stat.req of 16.1-283
1490993 Daniel W. Page v Lynchburg Foundry Company,et al. 03/07/2000
No WCC error re:DC's appl. of imposition/Lumbermen's late filing
1748982 Valentina Djelebova v Commonwealth of Virginia 03/07/2000
No TC err:denial mtn to supp/jury instr.re:accessory after fact
2161994 Catherine D. Gibbs v James C. Gibbs 03/07/2000
Summarily affirmed
2350983 Christopher Lee Deaner v Commonwealth of Virginia 03/07/2000
TC's decision affirmed b/c Deaner failed to provide suff. record
2405983 Christopher R. Beach v Commonwealth of Virginia 03/07/2000
NoTCerr:found case rose no higher than acc.after fact/no jury ins
2712984 Ann M. Santos v Robert O. Santos 03/07/2000
No TC err:valuation of real property and civil service pension
2986984 Contee A. Harris v Commonwealth of Virginia 03/07/2000
No TC err:Harris waived objection by freely entering plea agrmt
0559994 Ray Milton Pennington, III v Town of Front Royal 02/29/2000
No TC err:cert.admissible\prior evid.no viol.due process\evid.suf
0895992 Safeway Stores, Inc. v Harold E. McGowan 02/29/2000
WCC err:lacked subject matter jurisd. to award medical benefits
0915991 Christopher Eugene Moore v Commonwealth of VA 02/29/2000
Evidence sufficient to prove intent to commit assault & battery
1192982 Stephen Harold Schrieberg v Commonwealth of VA 02/29/2000
No TCerr:app.acted w/int.to defraud and know.acct.had insuff.fund
1361993 The Est.of GeraldL.Cummings vP.Greenwood(Cummings) 02/29/2000
TCerr:award attys'fees\No TCerr:not deduct costs from equit.distr
1387991 CW, DSS,DCSE,ex rel.Lorene Bryant v Ernest Carlton 02/29/2000
TC erred in refusing to confirm registration;foreign order enforc
1419991 McArthur Tables v Commonwealth of Virginia 02/29/2000
Insuff.evid.to support conv.for poss.of cocaine w/intent to distr
1693993 Gary Dean Robinson v Joy Pok Park Robinson 02/29/2000
Summarily affirmed
1928981 Malcolm Larice Williams v Commonwealth of Virginia 02/29/2000
No TCerr:allow.test.of exper wit.\cross-exam\test.from def.witnes
2065993 Commonwealth of Virginia v George Winston Sage 02/29/2000
TC err:good faith excep.saves evid.from operation of exclus.rule
2196984 Patrick J. Sweeney v Commonwealth of Virginia 02/29/2000
No TC err:denial of suggestion for additional examination of jury
2332982 Kevin Dwayne Smith v Commonwealth of Virginia 02/29/2000
No TC err:admitted into evid.hospital records&Med.Exam.'s report
2517991 Cynthia Krohn v Mary Immaculate Hospital, et al. 02/29/2000
Summarily affirmed
2600982 Paul Woodrow Shifflett, Jr. v Commonwealth of VA 02/29/2000
B/C appell.didn't redact object.questions,No TC err:by jury instr
0090994 Victor Castillo v Commonwealth of Virginia 02/22/2000
TC error re: granting jury instruction re:obj.be proved to be FA
0577992 Stephen Wilson Paulette v Rugene Seaton Paulette 02/22/2000
TC err:Ct.erroneously relied on evid.provided by wife's accountan
1500992 A C M and St. Paul Guardian Ins. v Martinez 02/22/2000
Summarily affirmed
1792991 Calvin Cornell Ruffin, Sr. v Andreania Pace Ruffin 02/22/2000
Summarily affirmed
1804991 Andreania Pace Ruffin v Calvin Cornell Ruffin, Sr. 02/22/2000
Summarily affirmed
2962984 Robert Santora, s/k/a Robert J. Santora v CW 02/22/2000
No TC err:denial mtn to strike/CW's evid.of diff.date/prior threa
0563994 Commonwealth of Virginia v Richard John Beargie 02/15/2000
TC err:restoring driving priv.per46.2-355(iii)-1conv.for qual.off
0591993 Vicky Wolford White v City of Lynchburg 02/15/2000
TC error re: parking lot not "highway" per Code 46.2-100
0803993 Reginald David Vest v Commonwealth of Virginia 02/15/2000
Evidence sufficient to prove appellant constructively poss.pistol
0918993 Darrell E. Noell v Deborah H. Noell 02/15/2000
No TC err:marital property/2nd deed of trust/$30,000 note, etc.
1256982 Robert Tate Wescoat v Commonwealth of Virginia 02/15/2000
Evid.suff.to support conviction for attempted dist.of marijuana
1442994 Phillip A. Carper v National Wildlife Fed., et al. 02/15/2000
Summarily affirmed
1850992 Gary Stephen Sykes v Barbara E. Sykes 02/15/2000
Summarily affirmed
1890984 William Childress v Commonwealth of Virginia 02/15/2000
TC err:refusing to allow juror inquiry/den.of mtn to strike juror
1913992 Aubrie Lyn Marlowe v Chesterfield/Colon.Hts DSS 02/15/2000
Summarily affirmed
1915994 CW v George Ball, Jr., s/k/a George A. Ball, Jr. 02/15/2000
TCerr:appellee's 5th Amend.right to counsel viol.by cont.interrog
2272993 Marley Mouldings, Inc., et al. v Patricia McGhee 02/15/2000
Summarily affirmed
2378983 Grover F. Hostetter, Jr. v Commonwealth of VA 02/15/2000
No TC err:no viol.19.2-295.1/due proc-den.of right to be present
2386984 John Phillip Stoudt v Commonwealth of Virginia 02/15/2000
Insuff.evid.as matter of law to sustain convic.of forcible sodomy
2387984 John Phillip Stoudt v Commonwealth of Virginia 02/15/2000
Insuff.evid.as matter of law to sustain conv.for forcible sodomy
2402994 Annie E. Anderson v Union Camp Corporation, et al. 02/15/2000
Summarily affirmed
2506994 Marshall R. Braithwaite v Smalley Package Co.,etal 02/15/2000
Summarily affirmed
2588982 Paul F. Lee, Jr. v Commonwealth of Virginia 02/15/2000
No TCerr:waived objection to adm.of video box/admit.comp.video,et
2991983 Scott M. White, s/k/a Scott Matthew White v CW 02/15/2000
No TC err:denial mtn to supp./radar accurate/evid.suff.to convict
0687992 Glenda Marlene Kennedy Fisher v Walter Carl Fisher 02/08/2000
No TC err:sp.supp./equit.dist.marital.prop/reimb.insur.premium,et
1167994 Rhonda S. McLaughlin v Dean G. McLaughlin 02/08/2000
TC err:valuation of marital property on date of equit.dist.hearin
1173994 Gerald Paul Napert v Theresa Marie Napert 02/08/2000
No TC err:declaring void decree entered w/out wife's endorsement
1312992 City of Danville School Bd, et al. v Bonnie Watson 02/08/2000
Summarily affirmed
1411984 Kavon Atabaki v Commonwealth of Virginia 02/08/2000
No TC error re: Alford guilty plea/mtn to w\d/refusal to resent
1686982 Terrance Jones v Commonwealth of Virginia 02/08/2000
Evidence sufficient to support malicious wounding conviction
1779992 Wilbur Lafayette Thompson,III vRoberta F. Thompson 02/08/2000
Summarily affirmed
1801991 Stephen Santoro and Donna Santoro v Patsy Owens 02/08/2000
Summarily affirmed
1827992 Karen Marie King v Roy Lee King 02/08/2000
Summarily affirmed
1839994 Thomas Wilson v Alexandria Division of Social Svs 02/08/2000
No TC err:clear&conv.evid.to meet stat.req.for term.parental rts
1863991 Thomas Eckley v City of Virginia Beach DSS 02/08/2000
Summarily affirmed
1935993 Marilyn Shepherd-Carper v Roanoke City DSS 02/08/2000
TC err:mother's appeal doesn't properly place custody w/this Ct
1936992 Earl Fields v Hopewell DSS 02/08/2000
Summarily affirmed
1992991 Karen A. Pierangelino v William A. Pierangelino 02/08/2000
Summarily affirmed
2043992 Horner Lawn Service, Inc., et al. v Roy T.Compton 02/08/2000
Summarily affirmed
2108994 Washington Metropolitan Area Transit v Baker 02/08/2000
Summarily affirmed
2163993 Faraway Farms, Inc. and Erie Insurance Ex.v Dinges 02/08/2000
Summarily affirmed
2235992 Smithfield Foods, et al. v Charles Johnson, Jr. 02/08/2000
Summarily affirmed
2273993 Shirley P. Keesee v Wise County School Board, etal 02/08/2000
Summarily affirmed
2312981 Ceasar Lamont Clark v Commonwealth of Virginia 02/08/2000
No TC error re: admission of cert.analysis/mtn to strike evidence
2337994 Washington Metropolitan Area Transit v Cooper 02/08/2000
Summarily affirmed
2785982 Isham D. Davis v Commonwealth of Virginia 02/08/2000
TC err:failing to declare a mistrial in sentencing phase re:parol
2935982 Jesse Hutchings v Commonwealth of Virginia 02/08/2000
No TC err:waiver right to be present at trial&proceeding w/outhim
2960982 Robert Sylvester Davis, Jr. v Commonwealth of VA 02/08/2000
TC err:failing to declare a mistrial in sentencing phase re:parol
0176992 William Loyd Fetty v Commonwealth of Virginia 02/01/2000
No TC err:denial mtn for mistrial/evid.suff.to prove 2degree murd
2395982 Gary Lamont Thompson v Commonwealth of Virginia 02/01/2000
TC err:denial of motion to suppress evid.seized during car search
2895982 Jovarrai Blanding,s/k/a Jovarrai Uzel Blanding vCW 02/01/2000
No TC error re:denial of mtn to suppress drugs & related evidence
0182991 Zachariah L. Hancock v Commonwealth of Virginia 01/27/2000
No TC err:refusing to admit test.re:victim's character/evid.suff.
0472991 Louvenia Wooten vJohnathan O'N.Eley&Lillian Brown 01/27/2000
No TC error re:failing to consider evid. showing Eley to be unfit
0993992 Chewning & Wilmer Construction, et al. v Crump 01/27/2000
No WCC err:clmt not termin.for just cause required to cease benef
1012994 Fairfax Hospital and Inova Health, et al. v Post 01/27/2000
No WCC error re: clm not barred by statute of lim/casally related
1060991 David John Roebuck v Commonwealth of Virginia 01/27/2000
Evidence sufficient to support conviction of unlawful wounding
1145991 Edward H. Bender v The VA Marine Resources Comm. 01/27/2000
No TC error re:granting VMRC's mtn to dismiss/challenge of jurisd
1226992 Karen D. Mallory, et al. v William Tyler, UEF 01/27/2000
No WCC error: clmt left scope of employ./refusing to apply Alvis
1522982 Gary Stevens v Commonwealth of Virginia 01/27/2000
No TC error re: admitting cocaine into evidence/evid.suff.
1541982 David Cotton v Commonwealth of Virginia 01/27/2000
No TCerr:stop for more info reason/seize bag/PC to arrest/evid.su
1839982 Monte M. Perkins v Commonwealth of Virginia 01/27/2000
No TC err:no abuse in admitting video/no viol.right to confront
2202992 Schmidt Baking Company, et al. v Albert W. Edwards 01/27/2000
Summarily affirmed
2307982 Daniel A. Majette, s/k/a Daniel Andrew Majette vCW 01/27/2000
No TC err:admission of photos/gramt CW's mtn to amend indicments
2755984 Deborah A. Grow v David P. Grow 01/27/2000
No TC err:prop.settlement agree.not fraudulent/conscionable, etal
0835994 Otis Lee Weaver, Jr v Commonwealth of Virginia 01/18/2000
No TC error re: no instruction for jury to consider inadmis.evid.
1743991 Janet Gilbert Mezzy v Mark J. Mezzy 01/18/2000
Summarily affirmed
1857992 Steve M. Hayes v 4 E Corporation, et al 01/18/2000
Summarily affirmed
1887983 Timothy Wayne Abbott v Commonwealth of Virginia 01/18/2000
No TC err:admitting:test.victim's friend/tape recording/evid.FA
2023984 Norman Lynwood Haley v Commonwealth of Virginia 01/18/2000
Appeal dismissed-no trans/stmt of facts filed re:4/22/98-indispen
2266992 Donald James Johnson v County of Henrico Police,et 01/18/2000
Summarily affirmed
2985983 James Read Davis v Commonwealth of Virginia 01/18/2000
No TCerr:denial mtn to supp.evid.from warrantless search/evi.suff
0216994 Frank Castro, s/k/a Frank D. Castro v CW 01/11/2000
No TC err:judge didn't err in admitting results of breath test
0848991 Donald R. Wells v Chesapeake Redevelopment, et al 01/11/2000
No WCCerr:issue of timeliness of claims is res judicata\no reinst
1555981 Michael Scott Sanderson v Commonwealth of Virginia 01/11/2000
Evide.sufficient to sustain conviction for aggravated sex.battery
1806982 Antonio Francis Buck v Commonwealth of Virginia 01/11/2000
No TC error re: admitting evidence of other crimes and bad acts
2434982 Warren H. Brandon v Commonwealth of Virginia 01/11/2000
No TC error: permitted CW to pose leading questions/Evid.suff.
2568982 Jermaine Alfonzo Harris, s/k/a v Commonwealth 01/11/2000
TC err: refusing to grant request for mistrial for comments by CW
2898982 Southside Virginia Training Ctr./CW v Jones 01/11/2000
WCCerr:consider all relevant evid.to see if injury compensable
1342981 Catherine Rothwell, s/k/aCatherine C.Rothwell v CW 01/04/2000
No TCerr:no prob.cause app.incompetent/denial mtn for 2d.psy exam
1842981 Joseph Stanley Monteiro v Commonwealth of Virginia 01/04/2000
Evidence sufficient to prove assault
0187991 Antonio L. Wiggins v Commonwealth of Virginia 12/28/1999
No TC err:time after witness recovered from illness not chgd CW
0226992 Mary E. Jackson v Richmond DSS 12/28/1999
Evid.suff.to meet clear & convincing standard to term.paretal rts
0419992 John R. Zampolin v Mary Elizabeth Barnum 12/28/1999
No TC err:denial app.'s request to refer legal determ of estoppel
0648992 Harold Jackson v Richmond DSS 12/28/1999
Evid.suff.to meet clear&convincing standard for term.parental rts
0653992 Linda L. Hill v Travelodge and Selective Ins. Co 12/28/1999
No WCC err:clmt'sPTSD not aggravation of ordinary disease of life
1560992 Ronald C. Thompson v Petroleum Marketers, Inc., et 12/28/1999
Summarily affirmed
1630982 Jacob Coles Small v Commonwealth of Virginia 12/28/1999
TC error:denial of mtn to supp./no consensual entry/4th Amend.vio
1647992 John R. Zampolin v Mary Elizabeth Barnum Hicks 12/28/1999
Summarily affirmed
1685981 Amber K. Ruffin v Commonwealth of Virginia 12/28/1999
No TC error re: sentencing to prison/no violation of ADA of 1990
1800994 Ghebru Woldemichael v Nigist Asfaha 12/28/1999
Summarily affirmed
1833982 David Lee Jasper v Commonwealth of Virginia 12/28/1999
No TC error: def.not seized by police until arrested on prob.caus
1902982 Steven Lamonte Stanley, Jr., s/k/a, et al. v CW 12/28/1999
Evid.sufficient to support conviction for robbery (violence)
1963994 Mohammed S. Mubaidin v Holiday Inn Alexandria, et 12/28/1999
Summarily affirmed
1976983 Leroy Nathaniel Smith v Commonwealth of Virginia 12/28/1999
Evid.suff.to prove 5 burglaries, 2 grand larcenies & 3petit larc
2024992 Emmett Johnson Jafari v Crater Youth Care Comm.,et 12/28/1999
Summarily affirmed
2155981 Charles B. Richardson, IV v Commonwealth of VA 12/28/1999
Identif.evid.linking appell to crimes suff.to support convictions
2230981 Larry Becker v Commonwealth of Virginia 12/28/1999
No TC err:app.viol.Code 46.2-1139 as principal in comm.of offense
2375984 Jorge Roberto Aguilar v Commonwealth of Virginia 12/28/1999
TC error:viol.of confrontation clause occurred/error not harmless
2476984 Treva Nicole Terrell v Commonwealth of Virginia 12/28/1999
No TC err:conviction for distribution of cocaine (Code 18.2-248)
2608984 Gordon Arthur Schroeter v Alyce P. Schroeter 12/28/1999
No TC err:child cust.\child supp.\allocation marital debt\attyfee
2897981 Carl Mann v Commonwealth of Virginia 12/28/1999
No TC err:search of front pass.seat didn't exceed scope of Terry
0504993 Gaye Lynn Cline v Bobby Gordon Cline 12/21/1999
Summarily affirmed
0580993 Bobby Gordon Cline v Gaye Lynn Cline 12/21/1999
Summarily affirmed
1086982 Alonzo Lyndell White v Commonwealth of Virginia 12/21/1999
No TC err:no mistrial because of circumstances arose during trial
1947992 Federal Express Corporation v Connie T. Klyver 12/21/1999
Summarily affirmed
1993992 CVS Distribution Center/CVS Corp. v Deloris Battle 12/21/1999
Summarily affirmed
2078982 Leon Lorenzo Harris v Commonwealth of Virginia 12/21/1999
Insuff.evid.for habit.offender endanger.;reversed per 46.2-357B1
2695981 Robert Roundy v Commonwealth of Virginia 12/21/1999
Suff.evid.to prove constructively possessed cocaine found in shoe
2814983 Daniel Javan Hairston v Commonwealth of Virginia 12/21/1999
No TC err: out-of-court ID; evid.suff.to prove robbery, et al.
2829981 Clabon Terrell Steward v Commonwealth of Virginia 12/21/1999
Suff.evid.to support marital sexual battery, assault & battery
0116991 Joseph S. Kost v Roberta E. Kost 12/14/1999
No TC error re: various equitable distribution items
1031993 Royster Clark, Inc. and Legion Ins. Co. v Bays 12/14/1999
No WCC err:award benefits to clmt for injuries from auto accident
1432994 Christopher Foreman v Fairfax Co. Dept.Family Svcs 12/14/1999
Summarily affirmed
2008982 Gregory T.Colemans/k/a Gregory Tarique Coleman vCW 12/14/1999
Evid.suff.to prove beyond reas.doubt guilt of unlawful wounding
2812983 Arthur Lee Lewis v Commonwealth of Virginia 12/14/1999
No TC err:denial of motion to set aside verdicts& grant new trial
0031994 Charles Schultz v Clarence H. Carter, Comm., VDSS 12/07/1999
No TC err:applied proper stand.of review/evid.supports complaint
0416994 Robert A. Irwin v Contemporary Woodcrafts, etc. 12/07/1999
No WCC err:order employer provide vocational rehabilitation servs
0470993 Kenneth R. Wood v Kenneth R. Wood, Sole Prop., etc 12/07/1999
No WCC err:finding appellant employed by KRW Trucking not N&S Lin
1474991 Rhonda Murphy v Norfolk Division of Social Servs 12/07/1999
Summarily affirmed
1517992 Ronald W. Craft v Commercial Courier Express, etal 12/07/1999
Summarily affirmed
1658984 Patricia D. Hillsman v Commonwealth of Virginia 12/07/1999
Evidence sufficient to convict for two counts embezzling property
1679992 Gipson's Ltd.t/a The Boss Rest.v Kirk M. Prince,et 12/07/1999
Summarily affirmed
2337982 Riverview Farm Associates, et al. v CW, DEQ, etc. 12/07/1999
TC err:Code 62.1-44.29waived Board's sovereign immunity from suit
2477983 Damien Montez Mosley, s/k/a Damien M. Moseley v CW 12/07/1999
Evidence sufficient to support poss.cocaine w/intent, poss FA,etc
2724984 Nomi Taslitt v Craig E. O'Connor 12/07/1999
No TC err:no abuse discre.crediting husb.pers.income/no atty fee
2774983 Calvin Lee Miller v Commonwealth of Virginia 12/07/1999
No TC err:permitting CW to amend indict./Evid.suff.to prove conv.
1121992 Teresa Lewis v Fredericksburg Dept. of Social Svs 11/30/1999
Summarily affirmed
1282993 Cain Yates v Marie Yates 11/30/1999
Summarily affirmed
0928992 Heart Corporation, et al. v Thomas Myerchin 11/23/1999
Summarily affirmed
1360994 Robert Raphael Ambrogi, Jr. v Manpower, Inc., etal 11/23/1999
Summarily affirmed
1428991 Joyce Ann Myers v Anheuser Busch, Inc., et al. 11/23/1999
Summarily affirmed
1776982 Douglas Olgers v Commonwealth of Virginia 11/23/1999
TC failed to instruct jury on defense of entrapment
1841993 Janice Knight v Bedford County Department of S.S. 11/23/1999
Summarily affirmed
2336981 Terence L. Hill, s/k/a Terrence L. Hill v CW 11/23/1999
No TC err:overruling chain of custody re:GSR&testimony/evid.suff.
0129994 Randall Allan Martin v Susan Ann Martin 11/16/1999
Summarily affirmed
1232981 Bruce Alan Welch v Commonwealth of Virginia 11/16/1999
Evid.suff to prove convictions of burglary & discharging firearm
1257993 Anthony Carl Woodson v Bernadette E.B. Woodson 11/16/1999
Summarily affirmed
1344982 Dwayne Anthony Douglas v Commonwealth of Virginia 11/16/1999
No TC err:refusing requested instruction/sustaining CW's objectio
1505992 Allied Signal, Inc., et al. v Karin A. Persinger 11/16/1999
Summarily affirmed
1552993 New River Castings Company, et al. v James Maple 11/16/1999
Summarily affirmed
1735994 Joleane Dutzman v J. Douglas Wooddell, DDS, et al. 11/16/1999
Summarily affirmed
2313981 Phillip Ashby Mitchell v Commonwealth of Virginia 11/16/1999
No TC err:no abuse of discretion in revoking part of susp.sentenc
0109992 Earl R. Toombs, VA Forestry et al. v Raymond Smith 11/09/1999
No WCC error re: credible evid.to prove award of benefits
0771992 Bruce R. O'Brien v Shillest Clayton 11/09/1999
Summarily affirmed
1141984 Matthew James Morris v Commonwealth of Virginia 11/09/1999
No TC error re: appellant distributed Schedule IV subst.to minor
1178992 Bruce R. O'Brien v Shillest Clayton 11/09/1999
Summarily affirmed
1244991 Commonwealth of Virginia v Melvin Maurice Johnson 11/09/1999
TC err:Johnson know.&intell'ly waived Miranda rts/confession vol.
1516993 Janie E. Holman v Southwestern Virginia Mental, et 11/09/1999
Summarily affirmed
1930984 Ciro Antonio Ferrufino v Commonwealth of Virginia 11/09/1999
No TC err:lawful arrest/admit.cert.of analysis/denial mtn to strk
1983981 Tushundi Omar Jonathan v Commonwealth of Virginia 11/09/1999
No TC error re: plea agrmt/no abuse of discretion re:sentence
2066983 Patricia A. Hutchings, s/k/a v Commonwealth of VA 11/09/1999
Evid.sufficient to prove defendant knowingly presented forged ck
2179991 Ned N. Cary, Jr. v Anheuser-Busch, Inc., et al. 11/09/1999
Summarily affirmed
2281981 Kodi F. McCollum, s/k/a Kodi McCullum v CW 11/09/1999
Evidence sufficient to support convictions (att.robbery, et al.)
2331981 Wilbur Lee Wallace v Commonwealth of Virginia 11/09/1999
Evid.competent, not incredible & sufficient to prove offenses
2447983 Kevin Wayne Killingsworth v Commonwealth of VA 11/09/1999
Evid.suff.to prove driving under influence/no err:deny mtn to stk
0304992 Linda Bivins v New Kent County D.S.S. 11/02/1999
No TC error re:termination of parental rights/clear&conv.evidence
1240991 June Dyer Mumford v Vaughn W. Mumford, Jr. 11/02/1999
Summarily affirmed
1554991 Lanny Lee Midkiff, Jr. v Hampton Rds Sanitation,et 11/02/1999
Summarily affirmed
1608983 Donald Glenn Bernard v Commonwealth of Virginia 11/02/1999
TC didn't abuse discretion in refusing the motion for new trial
2216983 Joseph Tyrone Evans, Jr. v Commonwealth of VA 11/02/1999
Evidence sufficient to support robbery conviction
2933984 Maria Emigdia Turpin v Fairfax County School Bd. 11/02/1999
No WCC err:denial app.to chg drs/failure to strike legal argument
0850992 Melvin F. Morris v Judith Healy Morris 10/26/1999
Summarily affirmed
1058993 Lois Evone Cherry Hash v Campbell Co. DSS 10/26/1999
Summarily affirmed
1185992 Thomas Stokes Grymes, Jr. v Robin L. Grymes 10/26/1999
Summarily affirmed
1294993 Danville Regional Medical Center, et al. v Pearce 10/26/1999
Summarily affirmed
1321982 Kelvin L. Pleasants, a/k/a, et al. v CW 10/26/1999
No TC error re: denial of motion to suppress/affirm convictions
1390993 Doris Patricia Cote v Western State Hospital, etal 10/26/1999
Summarily affirmed
2100983 David Andrew Lawhorn v Commonwealth of Virginia 10/26/1999
Evidence suff. to prove venue in Augusta County for poss of FA
2274983 Michael Ray Short v Commonwealth of Virginia 10/26/1999
TC err: sentencing order restitution to only truck owner
2441984 Russell D. Clay v Winchester Sheriff's Office, etc 10/26/1999
No TC err:clmt failed to prove he sustained inj.by acc.in employ
2625982 John E. Fitzgerald v Vicki L. Fitzgerald 10/26/1999
TC failed to consider current circum.when considering husb.motion
2790981 Roberta K. Godwin v Forrest Dean Godwin 10/26/1999
No TC err:grant/ground divorce\TCerr:omitted sp.supp.pymts\sp.sup
0036992 Heritage Hall Blackstone, et al. v Henley 10/19/1999
No WCC err:clmt proved cerv.disc & surgery related to inj.by acc.
0749992 Lloyd H. Williams v CW, VA DSS, DCSE, Diane Wilson 10/19/1999
Summarily affirmed
1004992 Patricia S. Willis v Joseph P. Spinner, Jr. 10/19/1999
Summarily affirmed
1285981 Nathaniel Dennis v Commonwealth of Virginia 10/19/1999
Because doub.jeop.issue not presented to TC, not consid.on appeal
1329993 Volvo Cars of North America, et al. v A. Altizer 10/19/1999
Summarily affirmed
1433992 Patricia McDaniel Wise v Bonfeld, Inc., et al. 10/19/1999
Summarily affirmed
1490984 John James Varga v Commonwealth of Virginia 10/19/1999
No TC error:denial of mtn to quash indictment/mtn to strike
1653981 Van Prince Welch v Commonwealth of Virginia 10/19/1999
Evid.suff.to support guilt for unlaw.wound.didn't preserve issue
1699981 Billy Deangelo Williams v Commonwealth of Virginia 10/19/1999
Evidence sufficient to support conviction of robbery
1800982 Patrick Frank Bryan v Highway Carriers, et al 10/19/1999
Summarily affirmed
2335983 Richard Irvin Huddleston v Commonwealth of VA 10/19/1999
Evid.insuff.to prove intention to perm.deprive owner of property
2708984 Shirley Malave v FairfaxCo.Dept.of Family Services 10/19/1999
No TCerr:no contact w/child/failed to remedy problems/cond.no chg
2958982 Derrick O. Ramsey v Commonwealth of Virginia 10/19/1999
Insufficient evidence to prove distr.cocaine/poss.w/intent to dis
3010984 Fairfax County School Board v Sally Ann Presti 10/19/1999
No WCC err:evid.to support WCC's determ./correct burden on employ
2021982 Gerald Ellis McWilliams v Commonwealth of Virginia 10/12/1999
Evidence insuff. to support conviction of grand larceny of auto.
2540982 Maurice Donnell Taylor v Commonwealth of Virginia 10/12/1999
No TC err:denial mtn to supp.evid.app.contends from unlaw.arrest
0131983 Warren Lee Broggin, Jr. v Commonwealth of Virginia 10/05/1999
No TC err: admission of hearsay evidence/evid. sufficient to conv
0830993 Donna Faye Smith v Roanoke City D.S.S. 10/05/1999
Evid.suff.to support term.parental rights/children's best interes
0865991 James D. Strickland, Jr. v Paula J. Strickland 10/05/1999
Summarily affirmed
0943982 Kirk Chambers, a/k/a Kirk Lamont Chambers v CW 10/05/1999
Evid.suff. to prove guilt of robbery and use of FA in commission
1125993 William Frezell Crawford v Virginia Electric&Power 10/05/1999
Summarily affirmed
1213993 Berry Enterprises, Inc., et al. v Rodney A.Johnson 10/05/1999
Summarily affirmed
1290991 Checkered Flag Motor Car Company, et al.v Chettiar 10/05/1999
Summarily affirmed
1527993 Wendell W. Terry v Franklin Co. D.S.S. 10/05/1999
Clear/convincing evid.suff.to satisfy Code 16.1-283(term.par.rts)
1590983 Robert Michael Morgan v Commonwealth of Virginia 10/05/1999
No TC err:not giving supp.instruction re maim/disable/evid.suff
1723982 Sandra C. Long v George Maurice Long, III 10/05/1999
No TC err:atty fees/TC err:supp.retirement funds& marital estate
1778983 David Allen Haynes v Commonwealth of Virginia 10/05/1999
Evid.suff.to prove sexual battery and attempted rape/no doub.jeop
1997983 Jacob Jackson Felts v Commonwealth of Virginia 10/05/1999
No TC error: refusing to suppress analysis cert. & results of BAA
2569984 Charles Wingate v Assett Protection Team, et al. 10/05/1999
Summarily affirmed
2691983 Tasha Moneke Harvey, et al. v Lynchburg D.S.S. 10/05/1999
Evidence suff.to prove term.of parental rights per Code 16.1-283B
1595982 James Napoleon Cassell v Commonwealth of Virginia 09/28/1999
Evid.suff. to support conviction for grand larceny (reckless)
1607983 Robert Bruce Hamm v City of Norton 09/28/1999
No TCerr:officer authorized under Code Sec.19.2-77 to make arrest
1643983 Ronnie James Goode v Commonwealth of Virginia 09/28/1999
Search incident lawful b/c officer had probable cause to arrest
1822983 Keith M. Neale v Commonwealth of Virginia 09/28/1999
No TC err:allow.expert to offer opinion on ultimate issue of fact
2048984 Vagharshak A. Vartanian v Advantage Auto Stores,et 09/28/1999
Summarily affirmed
2062983 Douglas Tyrone Oulds v Commonwealth of Virginia 09/28/1999
NoTCerr:CWproved City adopted ordin.author.police to work offduty
2116983 Albert Lewis Fowler, III v Commonwealth of VA 09/28/1999
App.didn't properly preserve argument under Rule 5:18, conv.affir
2161982 Floyd Martin Lane, s/k/a Floyd M. Lane, Sr. v CW 09/28/1999
No TCerr:admit.test.of expert re:recantation/mental health counse
0560993 Albert Johnson v Brenda Johnson 09/21/1999
Summarily affirmed
0959992 Mary Washington Health Center, et al v Iris Jones 09/21/1999
Summarily affirmed
1156981 Robert Greg Williams, Jr. v Commonwealth of VA 09/21/1999
Evid.suff to prove conv.s/No TC err: denial mtn to strike evid.
1920982 Larry Ragland Briggs v Commonwealth of Virginia 09/21/1999
No TC err:denial mtn to supp evid./No viol.4th Amendment rights
2004982 Jerry Lee Willson v Commonwealth of Virginia 09/21/1999
Insufficient evidence proving specific intent to commit murder
2638982 David Edward Pollard v Commonwealth of Virginia 09/21/1999
No TC err: denying appellant's mtn to suppress cert.of analysis
0700991 Kim Branch Harris v VA Beach General Hosp., et al. 09/14/1999
Summarily affirmed
0995993 Carol Huffman v Carilion Rke Memorial Hosp., et al 09/14/1999
Summarily affirmed
1056992 William S. Henderson v VEC and County of Henrico 09/14/1999
Summarily affirmed
1064993 City of Buena Vista Public Works, et al.v Southers 09/14/1999
Summarily affirmed
1066992 Commonwealth of Virginia v Stanley Ray Parham 09/14/1999
TC error: ruling erroneous stop illegal/No viol. 4th Amendment
1224992 Harvey Scott v Peninsula Airport Commission 09/14/1999
Summarily affirmed
1966982 Bradford Ramey Ingram v Melissa Zurun Ingram 09/14/1999
Summarily affirmed
0459993 Linda Dixon v Woodtech, Inc.and Reliance Ins.Co. 09/07/1999
Summarily affirmed
0554993 Richard B.Schoonover v Petula Lee Green Schoonover 09/07/1999
Summarily affirmed
0634991 John Clifton Stacey v Deborah S. M. Stacey 09/07/1999
Summarily affirmed
0682991 Portsmouth General Hospital, et al. v Tammy Dobbs 09/07/1999
Summarily affirmed
0839993 Terri Lee Robinson v Olan Mills and Zurich Ins.Co. 09/07/1999
Summarily affirmed
1437983 Clarence H. Carter, Commissioner,et al. v Crabtree 09/07/1999
TC error re: trial court didn't have jurisdiction to hear appeal
1866984 Prince William County School Board v Fogarty 08/31/1999
No WCC err:clmt proved injury by accident arising out of employ.
2591983 Judy M. Underwood v Stephen L. Angle 08/31/1999
No TC err:wife's credit equity in house/TCerr:husb.stock separate
0661991 Commonwealth of Virginia v Anthony Lap Brown 08/19/1999
B/c def.not seized&consented to search,evid.should not be exclude
1233984 Alfred Dearing v Commonwealth of Virginia 08/17/1999
No TC err:codef.stmt.to police not viol.6th Amend.,hearsay rule
2034981 James C. Hirsch v Commonwealth of Virginia 08/17/1999
Evid.suff.to convict/tc permit.pol.off.to state opi on fact issue
2215981 Talmadge D. Baxter, Jr. v Sandra Payne Baxter 08/17/1999
No TC error re: failure to order retroactive support to Aug.1997
2241982 Henrico County Sheriff's Office v Paul T. McQuay 08/17/1999
Henrico failed to rebut stat.presump.by excluding stress as facto
2844981 Basic Construction Company, et al. v Hamilton 08/17/1999
No WCC err:awarded bene.after DC denied/clm not barred/inj.by acc
0278991 Jerry Gilbert Dodson v Newport News Shipbuiling,et 08/10/1999
WCC err: Finding empl'er prop.took credit for pymts under LHWCA
0352993 Lloyd Raymond Whetzel v Waste Management of VA, et 08/10/1999
No WCC err: chg-in-cond.application time barred to Code 65.2-708
0581992 Theodore R. Faircloth v Carolyn H. Faircloth 08/10/1999
Summarily affirmed
0697991 Dawn White Legat v David Bruce Legat 08/10/1999
Summarily affirmed
0707992 Willard Y. Jefferies v Richfood Holdings, Inc. 08/10/1999
Summarily affirmed
1375982 Commonwealth of Virginia v Curtis Eugene Johnson 08/10/1999
TC err: Not eligible for license restoration under 46.2-361
1694981 John G. Crandley v Commonwealth of Virginia 08/10/1999
Evidence suff. to support convictions for contempt per 18.2-456
1897981 Antwan D. Person v Commonwealth of Virginia 08/10/1999
Insuff.evidence to support convictions for break&entering/larceny
2124981 Bram Patrick Daggs v Commonwealth of Virginia 08/10/1999
No TC err:deny mtn for cont.for new counsel/evid.suf.for robbery
0071993 Goodyear Tire & Rubber Co et al v Ronald Wood 08/03/1999
no err in finding claimant suffered a compensable injury by acci
0086991 Newport News Shipbuilding etc v Steven J. Lawrence 08/03/1999
no err in awarding claimant total disability benefits
0318992 Commonwealth of Virginia v Jacky Ray Lane 08/03/1999
t/c err in supp of evid of warrantless entry
0558981 Ricky Arnez Christian v Commonwealth of Virginia 08/03/1999
no t/c err of supp of evid or evid insuff to est requisite intent
1189982 Jason Alan Mason v Commonwealth of Virginia 08/03/1999
no t/c err of insuf evid to sup obst of just or t/c deny mot strk
1603981 William Anthony Booker v Commonwealth of Virginia 08/03/1999
no t/c err in denial of mot to restrict/admit heresay/suff of evi
1617982 Abraham Felder v Commonwealth of Virginia 08/03/1999
no t/c err in supp video stm/indic stat dates of offen/suff evid
1620982 Comprehensive Services Act Office, etc v J. M. 08/03/1999
t/c err in erron denial of de novo and acted w/o juris/improp ord
1968984 Landon T. A. Summers v Marcia L. B. Summers 08/03/1999
Summarily affirmed
2427972 Rodney T. Clark v Commonwealth of Virginia 08/03/1999
no t/c err in refusing to rev conv/fail to appt exprt/grant cont
1714984 Stephen Glen McCord v Karen Sue McCord 07/27/1999
no t/c err in award of spousal support
2092984 Joe Gaines Foreman v Kristie K. Ketchum 07/27/1999
no t/c err except ira acct, reverse & remand for reconsideration
2753982 City of Martinsville etc. v Timothy Scott Turner 07/27/1999
no err wcc ruling on reas.& author. treat., did not ref treatment
2975981 Newell E. Whitehead, Jr. v City of Portsmouth FD 07/27/1999
no err in wcc's decision of re stat. presumption code 65.2-402(c)
0357982 Israel Musa Shaw v Commonwealth of Virginia 07/20/1999
TC err:refusal to grant mtn for mistrial\No TC err:caution.instru
0418991 Commonwealth of Virginia v. Scott Hunter Horton 07/20/1999
CW contends search lawful because was incident to arrest of occup
0467994 Commonwealth of Virginia v Carlos F. Martinez 07/20/1999
No TC error: granting motion to dismiss evid.from entry into home
0533994 Aiahun Semere v R.H. Macy & Company, et al 07/20/1999
Summarily affirmed
0579992 Billy Norton/Norton's Marina, Inc. et al. v Gill 07/20/1999
Summarily affirmed
0612993 Harman Ceiling and Partitioning Co., et al. v Lusk 07/20/1999
Summarily affirmed
0864984 James D. Morton v Commonwealth of Virginia 07/20/1999
Evid.suff.to prove intent to cheat or defraud w/in Code 18.2-188
0868993 Ronlyn L.B.H. Eaton v DSS for County of Bedford 07/20/1999
Summarily affirmed
1251984 Bobby Dean Ritchie v Commonwealth of Virginia 07/20/1999
No TC err: sustaining strike of only African-American venireman
1308984 Richard N. Smull v Karen W. Smull 07/20/1999
No TC err:prove no jobs avail.in field/award wife costs&atty fees
1531981 Z. Curtis Wieters v Linda G. Wieters 07/20/1999
No TC error re: denial of motion to reduce spousal support
1938981 Nadine Adams v Commonwealth of Virginia 07/20/1999
Nothing in record indicates TC violated 5th & 14th Amendments
2347982 Rodney Emil Deane v Regenia Lynn Deane 07/20/1999
No TC err:judge's rulings/Remand to correct modific.of sp.support
2871972 Irvin E. Coleman v Commonwealth of Virginia 07/20/1999
No TC err:conv.s not barred by const.protections for doub.jeopard
0502984 Johnny Lamar Gates v Commonwealth of Virginia 07/13/1999
CW didn't prove def.possessed device w/ability to expel projectil
1007981 Clifton S. Longshore, Jr. v Commonwealth of VA 07/13/1999
Prelim.hearing test.admiss.under prior test.exce/no 6th Amend vio
1477982 Michael Simms, s/k/a Michael Kenneth Simms v CW 07/13/1999
No TC error re: denying defendant's motion to suppress
1793973 Enrique Andres Silberblatt v Lori Ann Silberblatt 07/13/1999
Upon Rehearing En Banc, TC erred in classifying marital property
2202972 Samuel H. Kingrey, III v Commonwealth of Virginia 07/13/1999
Evid.suff.to prove def.possessed concealed weapon as conv.felon
0451991 Commonwealth of Virginia v Joseph Lee Dolmovich 07/06/1999
TC error re: court utilized wrong test in suppressing evidence
0787984 Joseph Reed Brown v Commonwealth of Virginia 07/06/1999
TC error re: relibility of equipment not proved
0908982 Janice Marie Rodgers v Bradley M. Roders, M.D. 07/06/1999
No TC err:undrawn earnings as hedge against future market variat.
0949982 Bradley Moreland Rodgers, M.D. v Jance M. Rodgers 07/06/1999
No TC err:undrawn earnings as hedge against future market variati
1354984 Lonnie Jerome Gaines, III v Commonwealth of VA 07/06/1999
TC err:no evid.to prove false pretenses induced employee to pay
0005993 Tazewell County Sheriff's Office, et al. v Owens 06/29/1999
No WCC error re: employer didn't rebut heart disease occupational
0076984 Andre Vashawn Carter, a/k/a Dre v Commonwealth 06/29/1999
No TC err: denying mtn to quash/admit.evid. re: bad acts/mtn dism
0328994 Commonwealth of Virginia v Tomika D. White 06/29/1999
TC err: Found officer's action not w/in scope of consent
0465984 Michael Thompson v Commonwealth of Virginia 06/29/1999
No TC err:admit.Def.Statement/refus.exhibits F-I/evid.suff.to con
0589982 Sharon Lynne Bottoms v Pamela Kay Bottoms 06/29/1999
No TC err:visitation rights/educational development/family counse
0766983 Donald Nixon Cline v Sharon Elizabeth Cline 06/29/1999
TC err:no reservation of future sp.supp./affirm all other portion
0852982 Edward Wayne Beverly v Commonwealth of Virginia 06/29/1999
No TC err:admit DNA/not admit.blood typing/no expert/admit atlas
0962981 Jason Leon Diedrich v Commonwealth of Virginia 06/29/1999
TC error:collateral source rule precluded relief from sent. order
1096982 Bethany Jane McBeth v Commonwealth of Virginia 06/29/1999
Insufficient evidence to convict for child neglect
1316983 Dennis (NMN) Graves v Commonwealth of Virginia 06/29/1999
No TC err:ref.mtn to supp.(self-incrim-5th Am)/admtDMV trans(H.O.
1374982 William John Bartz, Jr. v Commonwealth of Virginia 06/29/1999
Hearsay test.not incred/TC no prohib.wit.test.re:rep./admit evid.
1455981 Elliott Jerome Hawthorne v Commonwealth of VA 06/29/1999
No TC err:overruled Batson chall/concert of action inst/self-def
1616982 Greer Hinton v Commonwealth of Virginia 06/29/1999
Insuff.evid.to prove possessed more than 1/2 ounce marji/int.dist
1730984 Calvary Memorial Park, Inc., etc.v VEC & Francone 06/29/1999
No TC error:VEC's ruling Francone not terminated for misconduct
1851982 Dana Michele Copeland, s/k/a, etc. v Commonwealth 06/29/1999
Commonwealth failed to establish county proper venue for prosecut
1856983 Mark Anthony Maxey v Commonwealth of Virginia 06/29/1999
Evid.suff.to prove intent/no require.proof def.knew prescr.forged
2275981 Alvarez E. Gonzalez v Commonwealth of Virginia 06/29/1999
No TC err:judicial notice of birth date/no preservation of issue
2659983 Cecil J. Childers v Patricia Peverall Childers 06/29/1999
No TC err:agrmt.unenforc./grant div.post-sep.adult/mar.prop/sp.su
2863982 R.S.Jones and Associates, et al. v Timmy D. Dean 06/29/1999
Summarily affirmed
0019993 Michael Ray Manes v TCB Construction, et al. 06/22/1999
Summarily affirmed
0096984 Maurice Johnson v Commonwealth of Virginia 06/22/1999
No err:not allowing def.to impeach victim re:stmts in prelim.hrg
0171994 AT&T Corporation, et al. v Maria A. Lewis-Thomas 06/22/1999
Summarily affirmed
0348984 Joseph Johnson, Jr. v Commonwealth of Virginia 06/22/1999
No TC err:admitting copy of order(orig.lost)/Feb.1997 order void
0401992 John R. Hamer v Renate M. Hamer 06/22/1999
Summarily affirmed
0732984 Knut Fredriksen, s/k/a Knut E. Fredriksen v CW 06/22/1999
Evid.suff. to prove def. impeded officer in performance of duties
0777994 Sulta N. McElroy v. Donald H. McElroy 06/22/1999
Summarily affirmed
0978984 Terry Jansen Forney v Commonwealth of Virginia 06/22/1999
No TC err:admit.evid.re: Forney's prior conv.(H.O.)/evid.suff.
1140982 Kirk Lee Loney v Commonwealth of Virginia 06/22/1999
TC correct in denying motion to suppress/properly admitted cocain
1159981 George McLean, Jr. v Commonwealth of Virginia 06/22/1999
Evid.suff.to prove possess.FA while selling alcoholic beverages
1170984 Richard Arnold Lee v Commonwealth of Virginia 06/22/1999
Evidence sufficient to prove intention to use credit cards
1532981 Kirk Lee Loney v Commonwealth of Virginia 06/22/1999
Prob.cause to arrest for marij.poss./disc cocaine no viol 4th Ame
2289984 Jose A. Juarez v C. Woolfrey Construction, et al. 06/22/1999
No WCC err:review process/evid.to supp.decision to deny benefits
2649982 Robert S. Coleman, Jr. v Frances I. Coleman 06/22/1999
Summarily affirmed
2674984 Robert William L. Hutchins v Rosana L. Carrillo 06/22/1999
Summarily affirmed
2711983 Sherri A. Artrip v Virginia Retirement System 06/22/1999
Summarily affirmed
2752983 Ruth C. Dale v Virginia Retirement System 06/22/1999
Summarily affirmed
2756983 Lacy Potter-Meadows v Virginia Retirement System 06/22/1999
Summarily affirmed
2757983 Barbara C. McClanahan v Virginia Retirement System 06/22/1999
Summarily affirmed
2840971 Kedra Lanae Harris v Commonwealth of Virginia 06/22/1999
Insuff.evid.to prove Harris poss.cocaine w/intent to dist/consp.
2901984 Kenneth Peters, Jr. v James and Detra Hagerman 06/22/1999
Summarily affirmed
2937984 D. Ramesh Chander v Darlene Ann (Jones) Chander 06/22/1999
Summarily affirmed
0087991 B&R Contractors, Inc., et al. v Wethington 06/15/1999
Summarily affirmed
0106991 Melvin K. Blacken v Newport News Shipbuilding, et 06/15/1999
Summarily affirmed
0201993 Carolyn J. Patrick v Tenneco Packaging, et al. 06/15/1999
Summarily affirmed
0368991 Tidewater Mechanical Contractors, et al. v Thomas 06/15/1999
Summarily affirmed
0695983 Kenneth Edward Brown v Commonwealth of Virginia 06/15/1999
Evid.suff.to support convict/No TC err:question wit.re:prior stmt
1200982 Gary Lamont Walker v Commonwealth of Virginia 06/15/1999
No TC err:conviction of 2nd deg.murder/use FA; remand re:order
1377984 Richard David Fishback v Commonwealth of Virginia 06/15/1999
No TC error re: abduct.3people/use FA/refu.instr./identifications
1593984 Quality Inn Executive, et al. v Zoila L. Umana 06/15/1999
No WCC error re: cervical disc cond.related to 1995 inj.by acc.
2186984 Jeffrey M. Edmonds v Linda M Edmonds 06/15/1999
Summarily affirmed
2502982 Elton Lee Miller, Jr. v Daphyne Lynn Miller 06/15/1999
Summarily affirmed
2527984 William Alberger v Joyce Lee Alberger 06/15/1999
Summarily affirmed
2616984 Jack J. Jenkins v Nancy Ann Whitehead Jenkins 06/15/1999
Summarily affirmed
2759984 Landon T. A. Summers v Marcia Lee Brown Summers 06/15/1999
Summarily affirmed
2802972 Eric Lee Dobson, a/k/a David Lee Brown v CW 06/15/1999
Grand larceny charge free of error/reverse obstruc.justice charge
2932982 Carolyn Anne Cossu v Patrice Cossu 06/15/1999
Summarily affirmed
2976981 Jon Cox v Virginia Power and VEPCO 06/15/1999
Summarily affirmed
0159982 Tony Lamont Harris v Commonwealth of Virginia 06/08/1999
Evidence sufficient to prove existence of conspiracey
0219994 David Birmingham, Jr. v Century Concrete, et al. 06/08/1999
Summarily affirmed
0267994 Harman Mining Corporation, et al. v Thacker 06/08/1999
Summarily affirmed
0567981 Michael Andrea Jones v Commonwealth of Virginia 06/08/1999
No TC error re: deny mtn to dismiss/refusing to dismiss chges
0657982 Andrew K. Waller v Commonwealth of Virginia 06/08/1999
No TC error re: circuit court had jurisidiction to try crim.chgs
1286981 Michael Wilkerson v Commonwealth of Virginia 06/08/1999
Evidence sufficient to prove convictions for petit larceny, 3rd
1287981 Michael Wilkerson v Commonwealth of Virginia 06/08/1999
No TC error re: defendant didn't preserve argument on appeal
1594983 Sandy Jean Roberts v Commonwealth of Virginia 06/08/1999
Evidence suffcicient to prove def.committed willful act or omiss.
1913983 Steve Hall, Cheri Hall, et al. vJennifer Dandeueau 06/08/1999
Summarily affirmed
2167983 Andrew Hurren v Jessie O. Epperson 06/08/1999
TC applied incorrect standard re: custody dispute/Case remanded
2198984 Nancy Breckenridge v Charles T. Breckenridge 06/08/1999
Summarily affirmed
2467983 Steve Hall, Cheri Hall, et al. vJennifer Dandeneau 06/08/1999
Summarily affirmed
2576981 Barbara Faye Cox v William Cox 06/08/1999
Summarily affirmed
2584981 Betty M. Gomez v Ira Kenny Hill 06/08/1999
Summarily affirmed
2589981 William Cox v Barbara Faye Cox 06/08/1999
Summarily affirmed
3011984 Dorah Maeda Ogolo v Pie Gourmet Ltd., et al. 06/08/1999
Summarily affirmed
0065991 Bonnie S. Pate v Dollar Tree Stores, et al. 06/01/1999
Summarily affirmed
0702982 Byron K. Hughes, s/k/a Bryan K. Hughes v CW 06/01/1999
No TC err:deny mtn to suppress evid.as result of unlawful search
0895981 William Bell Lillibridge v City of Newport News 06/01/1999
Evid.sufficient to prove def.guilty of following too closely
0945983 Boris Prezechowski, s/k/a Boris Przechowski v CW 06/01/1999
No TC err:refusing request for trial by jury/discovery requests
1462981 Charles R. Tuck, Jr. v Mary J. Sesny 06/01/1999
TC err: support oblig.& accured arrearage/No TC err: med.expenses
1537983 Jose Augustine Delarocha v Commonwealth 06/01/1999
No TC error re: ref.to suppress evid.re: Miranda rights at scene
1660983 William St. John Maggi v Commonwealth of Virginia 06/01/1999
No TC err:intent to temporarily deprive owner of use of vehicle
1943981 Liz's Blue Diamond, et al. v Joseph Rico 06/01/1999
No WCC err:employer didn't prove Rico's disability unrel to job
2219983 Stefan Omar Slater v Commonwealth of Virginia 06/01/1999
Evidence sufficient to support the "taking" element of robbery
3004984 Abex Friction Products Company, et al. v Butcher 06/01/1999
Summarily affirmed
2626981 Commonwealth of Virginia v Mark Edward Reynolds 05/28/1999
No TC err:traffic stop was unreasonable seizure/viol. 4th Amend.
0527984 Lawrence P. Medici v Commonwealth of Virginia 05/25/1999
No TC err:intro evid./deny mtn to dismiss/no strike venirpersons
0824981 Regina Lea Frank v Commonwealth of Virginia 05/25/1999
Evid.suff.to convict.for 2nd deg.murder/No TC err: mtn to suppres
1227982 William Sessoms v Barbara Elizabeth Myer 05/25/1999
No TC error re: physical custody/child & spousal supp./atty fees
0264984 Al Baace Abdulla Al-Ghani v Commonwealth 05/18/1999
No TC err:evid.not presented/evid.suff.conv/no entrap/deny mtn
0613981 Berace Ricardo Bennett, Jr. v Commonwealth 05/18/1999
Evidence sufficient to support shots defendant fired were fatal
0996982 James Marlon Winn, IV v Commonwealth of Virginia 05/18/1999
TC error re: setting cash appeal bond for indigent defendant
1296981 Corom Morrisett v Commonwealth of Virginia 05/18/1999
Evid.suff.to supp.robbery&use FA/No TC err:appear.in prison cloth
1322982 Gregory Alan Ransom v Tina Chang Ransom 05/18/1999
TC err: no notice to husband re:hearing and present. final decree
1433981 Devita Latoria Jones v Commonwealth of Virginia 05/18/1999
No TC error re:no violation 5th Amend/allowing witness to testify
1445982 Arthur J. Lehner v Mary E.H. Saunders Lehner 05/18/1999
Summarily affirmed
1483982 Alan Richard Stewart v Phylla Jean Stewart 05/18/1999
Summarily affirmed
1611982 Hudson Venetian Blind Service, Inc.et al. v Hudson 05/18/1999
Summarily affirmed
2410981 Newport News Shipbuilding and Dry Dock v Fawcett 05/18/1999
Summarily affirmed
2746984 Ruth Liddell v INOVA Fairfax Hospital, et al. 05/18/1999
Summarily affirmed
2842982 Mike A. Sharp v Agglite of Virginia, et al. 05/18/1999
Summarily affirmed
0842981 Kaliek Lamont Suber v Commonwealth of Virginia 05/11/1999
Evid.est.beyond reasonable doubt he had dominion&control over sub
1546981 Anthony Seaborne v Commonwealth of Virginia 05/11/1999
Evidence sufficient to prove intent to defraud
2139984 Lear Corporation Winchester, et al. v A. McFarland 05/11/1999
No WCC error re: claimant's injury rose out of employment
0679984 Ezzat M. Zein v Nora Zein Burgan 05/04/1999
Summarily affirmed
0720984 Nora H. Burgan v Ezzat Zein 05/04/1999
Summarily affirmed
1041982 Francis C. Bloxton, Jr. v Wendy H. Bloxton 05/04/1999
TC error:marital share of pension plan/No TC err:div.mar.prop.etc
1060982 Paulus Thendoll Owens v Commonwealth of Virginia 05/04/1999
Evidence suff. to prove actual notice of adjudication of hab.offe
1126984 Jose Balmoris Moreno v Commonwealth of Virginia 05/04/1999
No TC error re: dny request to w/d Alford pleas to murder, et al
1417984 Nora H. Burgan v Ezzat Zein 05/04/1999
Summarily affirmed
1807984 Sheila Roche v Stephen Roche 05/04/1999
Summarily affirmed
2185981 Dominic Musolino v CW, D.S.S. 05/04/1999
Summarily affirmed
2326982 Bobby Morton v Servicemaster Consumer Service,etal 05/04/1999
Summarily affirmed
2345982 Oscar R. White v C. J. Coakley Company, et al. 05/04/1999
Summarily affirmed
2346982 Wilbert E. White v C. J. Coakley Company, et al. 05/04/1999
Summarily affirmed
2503983 Robert M. Anselmo v Cherrydale Motors, Inc., et al 05/04/1999
Summarily affirmed
2736982 Danielle J. Cummins v Valman D. Cummins 05/04/1999
Summarily affirmed
2758983 Gary L. Frye v Valley Hauling, Inc. et al. 05/04/1999
Summarily affirmed
0374982 Paula Hardy Purifoy v Commonwealth of Virginia 04/27/1999
No TC error re: admit.evide. bill for merchand/evid.proved embezz
0457982 Delmah Rapheal Poindexter v Commonwealth 04/27/1999
TC err:convs att.credit card fraud & consp./No TC err:fail.to app
0644982 Dwayne Christopher Hopkins, et al. v Commonwealth 04/27/1999
No TC error re: denying mtn to suppress/admit.of cert.of analysis
0697982 Westvaco Corporation v Haywood J. Swearingen 04/27/1999
No WCC error re: calculation of clmt's weekly wage
0735982 Vickie Stoneman v Greg Stoneman 04/27/1999
No TC error re:changed circum./joint cust./contin.guardian ad lit
0779982 Tammy Lynn Rohe v Commonwealth of Virginia 04/27/1999
Evidence sufficient to prove attempted breaking and entering
0808984 Julia Marie Beach v Richard Jerome Kurtz 04/27/1999
No TC error re: refusing to increase monthly child support
0889982 Diana Damschroder v John Wallace Patterson 04/27/1999
No TC err:unempl.invol/no deny of reduc.child supp/imputing incom
0918981 Stephen E. Clark, s/k/a Stephen E. Clark, Jr. v CW 04/27/1999
Evidence sufficient to support conviction of possession of cocain
1405982 Delnor Jose Banks v Commonwealth of Virginia 04/27/1999
Insufficient evid.to support conviction for possession of cocaine
1672984 Robert Russell Newton, et al. v Fairfax Co. Police 04/27/1999
No WCC error:denial stat.beneficiaries claim for indemnity bene.
1744984 Jafar Mottaghi v Mary M. Kiani 04/27/1999
No TC error re: denal of motion for susp. and reconsideration
1984983 John Dean Collins v Tammie Leigh Hurley Collins 04/27/1999
Summarily affirmed
2704981 A.D.Stowe and Reliance National Indemnity v Ricks 04/27/1999
No WCC error re: Stowe responsible for Ricks's medical treatment
0722984 David Emory Spitler v Commonwealth of Virginia 04/20/1999
Evid.insuff.to prove appt's guilt byd reason.doubt for gr.larceny
1597984 Mario L. Calvano, Executor, et al. v Wal-Mart, etc 04/20/1999
No WCC error re: Clmt failed to prove injury by acc. during emplo
1657981 Jerry Rancis Bass, Sr. v Sherry Yvonne Bass 04/20/1999
Summarily affirmed
2373983 Jim Henry Stanley v Tultex Corporation 04/20/1999
Summarily affirmed
2394984 Charles Francis Carter v Arlington Co. Fire Dpt 04/20/1999
Summarily affirmed
2533972 Joseph D. Morrissey v Commonwealth of Virginia 04/20/1999
App.failed to preserve claims under Rule 5:18/no reason for excep
2204981 Commonwealth of Virginia v Jimmy Williams 04/19/1999
TC error:grt mtn to suppress/def.made voluntary stmt-no viol.5th
0122981 Reginald Slade v Commonwealth of Virginia 04/13/1999
Evid.suff.to prove poss.of cocaine/No TC err:no grant mtn to dism
0192981 Sclester Uzzle, Jr. v Commonwealth of Virginia 04/13/1999
Evidence suff. to convict for poss.of cocaine w/intent to dist.
0432981 Roderick Kim Ricks v Commonwealth of Virginia 04/13/1999
No TC err:admit.evid.exp.opin.on comm.know./no accommodation dist
0480983 John D. Reyes and Phillip L. Benham v Commonwealth 04/13/1999
NO TC error re: rejecting defense of "good faith"
0606982 Anthony Vinson Loving v Commonwealth of Virginia 04/13/1999
Evidence sufficient to prove violence toward or/intim. of victim
0642984 Denit Antoinette Hall v Commonwealth of Virginia 04/13/1999
Evidence sufficient to prove unlawful wounding
1406983 Ronnie Lee Motsinger v Commonwealth of Virginia 04/13/1999
No TC error:jury instr.re:rebuttable presump of intent to defraud
2556981 Commonwealth of Virginia v Richard Thomas Anderson 04/13/1999
TC err:based ruling on single&erroneous prin.of law in supp.stmt
0568981 Teresa Washington v Commonwealth of Virginia 04/06/1999
Evid.suff.to prove def. used firearm in commission of robberies
1038983 Hershel Frank Sullivan, Jr. v Commonwealth of VA 04/06/1999
No evid.to prove def.guilty of disregard/human life/no inv.mansla
1117983 David Lewis Gibbs v Commonwealth of Virginia 04/06/1999
Evidence sufficient to prove conviction of perjury
1373983 Caroline Sword v Automotive Industries and VEC 04/06/1999
Clmt lacked good cause to refuse employer's offer of employment
2267983 Commonwealth of Virginia v Daniel C. Overstreet 04/02/1999
TC error re: granting motion to suppress/remand for further proce
0346983 Christopher Michael Towns v Commonwealth of VA 03/30/1999
Evid.suff.to prove charge beyond a reason.doubt/exp.opin not admi
0488982 Susan K. Smith v William S. Smith 03/30/1999
No TC error re: agreement precluded court from modifying sp. supp
0569983 John Russell Hartman v Commonwealth of Virginia 03/30/1999
Evid.insuff.for poss.w/int.dist.obscene/contr.to del./10 cts affr
0771983 Wilmert Jack Pruett v Town of Tazewell 03/30/1999
No TC err:town ordin.not invalid re:exceed.fine/conf.single subj
0940982 Mark A. Kirby v Commonwealth of Virginia 03/30/1999
Evid.suff.to support conviction for distribution to police inform
1469983 Larry Edwin Tatum, Jr. v Commonwealth of Virginia 03/30/1999
Evidence sufficient to prove malice
1582982 Mary Washington Hosp., et al. v Patricia Holloway 03/30/1999
Credible evid.supports WCC's denial of employer's chg-in-cond.app
2471971 Jeremy Shawn Walton v Commonwealth of Virginia 03/30/1999
No TC err: adm.extrajud.stmt to police/denial of continuance
2472971 Robert Sabb v Commonwealth of Virginia 03/30/1999
No TC err:admit.extrajudicial stmt to police/denial of continuanc
2784971 Michael Eugene Williams v Commonwealth of Virginia 03/30/1999
No TC error re: refusal of TC to consider affidavit from eyewit.
2858972 Gregory Antoine Brown v Commonwealth of Virginia 03/30/1999
No TC err:judge didn't abuse discre.in affirming transfer decisio
3017972 Mayes Wilson Tate, Jr. v Commonwealth of Virginia 03/30/1999
No TC error re: striking defendant's testimony
0013982 Cynthia Lee East v Commonwealth of Virginia 03/23/1999
No TC error re: 3/6 charges/TC error re: 8/1/96 & 2/26-27/97 chgs
2206971 Eric R. Cooke, s/k/a Eric Rodney Cooke v CW 03/23/1999
Evid.suff.--2degree murder & use of FA while attempting to murder
2640972 Terrence M. Hackett v Shirley A. Hackett 03/23/1999
TC err: re: ch.supp.amt/written explan. for deviation frm guideln
0519983 Ronnie Dwayne Marlowe v Commonwealth of Virginia 03/16/1999
Case dismissed for inadequate record
0670983 Beverly P. Eggleston, IV v VA Dept of Social Svcs 03/16/1999
Evidence supports DSS's decision for Founded Sexual Molestation
1088972 Dennis Jackson Moore v Commonwealth of Virginia 03/16/1999
No TC err:deny.mtn to supp/stmt voluntary/instruct.jury re:volunt
1103983 Carol Young Blanding v Donald Sly Blanding 03/16/1999
Evidence sufficient in record to support decision of trial court
1922983 Wellmore Coal Corporation v Dallas E. McClanahan 03/16/1999
No WCC err:cond.related to earlier acc't/evid.suff.to supp.award
2217971 John Antonio Fennell v Commonwealth of Virginia 03/16/1999
TC error re: refusing jury instruct.for access.after the fact
2307963 Myles Talbert Hylton v Cheryl Ann Price Hylton 03/16/1999
TC err:fail to calc.presum.amt of ch.supp/expln for devia.guideln
2718972 Ronald A. Parrish v Commonwealth of Virginia 03/16/1999
Evid.suff.to support conviction for conspiracey to dist.cocaine
0132983 Ronlyn Hicks Brown Eaton, s/k/a R.B.Eaton v CW 03/09/1999
No TC error re: susp.sentence/suff. reasonable cause to revoke
0328984 Ray Anthony Hulett v Commonwealth of Virginia 03/09/1999
Evidence sufficient to prove beyond reasonable doubt dist.cocaine
1345983 William A. Butts v Commonwealth of Virginia 03/09/1999
Evid.suff.to prove appellant had actual possession of marijuana
1763984 Einar F. Jarvinen v Claire-Louise Votaw 03/09/1999
TC err:spouse share of pension not term/Entry of COAP not in agre
2875971 Jerry Baker v Commonwealth of Virginia 03/09/1999
TC error re: admission of previous victim's testimony
0140982 Milton Norman Woodson v Commonwealth 03/02/1999
Evid.suff.to prove def's actions exhibited reckless disregard
0383982 Bobbie G. Myree v Commonwealth of Virginia 03/02/1999
No TC error re: no illegal seizure/cocaine seized into evidence
1022981 Betty M. McPherson v John P. McPherson 03/02/1999
TC error in classification and valuation of significant assets
1037981 John P. McPherson v Betty M. McPherson 03/02/1999
TC error in classification and valuation of significant assets
1147982 Kirk Lee Loney v Commonwealth of Virginia 03/02/1999
Evidence sufficient to prove def.constructively possessed weapon
1184983 Troy Donahue Barksdale v Commonwealth of Virginia 03/02/1999
Evidence sufficient to support larceny and burglary convictions
2107984 Frank Edward Sergi v Washington Metro Area Transit 03/02/1999
Summarily affirmed
2130972 Willard Smith v Commonwealth of Virginia 03/02/1999
Evidence insufficient to support conviction for maiming
2500971 Clyde L. Caffee v Commonwealth of Virginia 03/02/1999
Testimony proved def.comm.offenses;No TC err:use of pretrial test
2794973 Bobby Lee Hurley, a/k/a Bobby Church v CW 03/02/1999
No TC error re:allowing CW to prove def.'s age by driving records
0009982 Glenn Antony Barcroft, Jr. v Commonwealth 02/23/1999
No TC err:contact consen.encounter not search/seize/app.consented
0063984 David Allen Moore v Commonwealth 02/23/1999
No TC error:evid.from earlier trial/denial mtn to set aside verdi
0075984 Daniel Edward Jackson v Commonwealth 02/23/1999
No TC error re: exp.opinion re: accelerant/admit. exh.6 - ch cust
0176981 James Earl Bender v Commonwealth 02/23/1999
No TC error: evid.suff/mtn for cont/past hist/past felony conv/
0326983 Darry Wayne Osborne v Commonwealth 02/23/1999
No TC error:TC revoked susp.sent. on grounds in notice received
0977983 Charles Anthony Jones v Commonwealth 02/23/1999
Evidence sufficient to convict for threatening to burn residence
1106972 Shuron Marice Barksdale v Commonwealth 02/23/1999
Upon Rehearing En Banc, this Court affirms appellant's conviction
1168984 Cynthia Margoupis v Thomas Margoupis 02/23/1999
No TC err:vacat.final decree/mtn to susp./equit.dist/atty fees/et
1688974 William M. Kenison v Commonwealth 02/23/1999
No TC error re: punitive & crim.penalties are not separate
1718983 Commonwealth of Virginia v Wyatt 02/23/1999
TC error re:granting motion to suppress evidence found on person
1969983 Dana Corporation and Twin City Fire Ins. v Snyder 02/23/1999
Summarily affirmed
2193983 Floyd S. Pike Electrical Contr., et al. v Mullins 02/23/1999
Summarily affirmed
2829972 Lakiesha Enika Godbold v Commonwealth 02/23/1999
No TC error re: no double jeopardy/evid.suff.for obs.justice.
2969972 Lamar Anthony Pendergrass v Commonwealth 02/23/1999
No TC error re: refusing requested jury instruction on self-def
0526981 Oscar Dalvin Ross, Jr. v Commonwealth 02/16/1999
Evid. sufficient to sustain convictions for robbery/use FA
0709981 Fedrico M. Gilmore v Commonwealth 02/16/1999
No TC error re: refusing to instruct jury re: vol.manslaughter
1246984 Daniel W. Phelps v Safeway Stores, Inc. 02/16/1999
No WCC error re: denial of appl. for temp.total disab.benefits
2051982 Robert L. Brown, Sr. v Steven W. Jett, General Con 02/16/1999
Summarily affirmed
2299984 Pepsi-Cola Bottlers, et al v Joseph W. Kane 02/16/1999
Summarily affirmed
2535972 Roy Berger Bass v Commonwealth 02/16/1999
No TC error re: denial mtn to suppress/mtn to strike evidence
2670972 Robert Jones, s/k/a Robert G. Jones v CW 02/16/1999
Evidence sufficient to convict for possession of cocaine
2987974 Gary Stephen Diaz v Commonwealth of Virginia 02/16/1999
Evidence suff.to sustain conviction for receiving stolen property
3001971 Arthur Lydell McDonald v Commonwealth 02/16/1999
Evidence sufficient to support conviction for bank robbery
0327981 James D. Dailey v Commonwealth 02/09/1999
Evid. suff. to prove each element of burglary and grand larceny
0356982 Herbert C. King, Jr. v Pepsi Cola Company, et al. 02/09/1999
No WCC error re: pymt of perm.part.&temp.part.disab.benefits
0409981 Larry S. Baumgardner v Commonwealth of Virginia 02/09/1999
No TC err:4th Amd/marij.legally seized/no error admission in TC
0882982 Patrick Cullen Adsit v Commonwealth of Virginia 02/09/1999
Insuff.evid.to supp.convict.for animate object sexual penetration
1275984 United Truck Wash and Continental Insurance Comp. 02/09/1999
No WCC error re: clmt not capable of pre-inj.work/wage loss
1823981 Associated Cabs, Inc. v Issiah King 02/09/1999
No WCC err:finding accident caused clmt's injuries/disa/calc.bene
2300972 Damon D. Davis v Commonwealth of Virginia 02/09/1999
No TC error re: prosecuted in timely manner per Code 19.2-243
2441972 Enddy Omar Catedral v Commonwealth of Virginia 02/09/1999
No TC error re: refusal of jury inst.re:abduction/voir dire juror
2541972 Reginald D. Hayspell, s/k/a etc. v Commonwealth 02/09/1999
Evid.suff. to convict for poss.of cocaine& marijuana w/int.to dis
2811973 John Kurt Sensabaugh v Commonwealth of Virginia 02/09/1999
No TCerr:CW proved ess.elem.of fail.to carry out promise/evid.suf
0341981 Robert M. McCombs v Rosemary M. McCombs 02/02/1999
TC error:allotted wife share of retire.acct.w/dividends &interest
0552982 Donald Blair DeVore v Suzanne M.B. DeVore 02/02/1999
TC error re: not permanently terminating husb.spousal support obl
0947981 James Rodney Sauls v Barbara Sauls 02/02/1999
No TC error re:no rev.error incorp.sett.agrmt into divorce decree
1366981 Grady W. Perry v Clarence H. Carter, Commissioner 02/02/1999
No TC error re: dismissing case on other ground/no attorney's fee
1468981 Surface Technologies Corp., et al. v Kerry Ridley 02/02/1999
No WCC error re:evid. suff. to support commission's award of TTD
1762983 Barry Lynn Arthur v CW, DSS, DSCE, ex rel S.Smith 02/02/1999
Summarily affirmed
1894982 Lynn J. Dempsey v. Enerfab Corporation, et al. 02/02/1999
Summarily affirmed
2037983 Robert H. Wood v General Electric Company, et al. 02/02/1999
Summarily affirmed
2060984 Boston Chicken Market, et al. v Lori A. Mack 02/02/1999
No WCC err:Clmt proved disab.and med.trtmt related to inj. by acc
2147972 Jon Ray Moss, a/k/a John R. Moss v Commonwealth 02/02/1999
Evid.suff.to prove def.possessed a key w/intent to com.larceny
2504971 Jesovha Octavious Seaborn, s/k/a, et al. v CW 02/02/1999
No TC error re: ruling a defense witness incompetent to testify
2754974 Charles L. C'Debaca, s/k/a, et al. v Commonwealth 02/02/1999
Tc error re: def's conduct didn't violate Code Sec.18.2-386.1
0172972 Rhonda G. Campbell v Jonathan S. Campbell 01/26/1999
No TC error re: termination of order that husband pay child supp.
0261981 John Price, Jr. v Commonwealth of Virginia 01/26/1999
CW laid proper foundation to intro.into evid.prior larceny convic
0974983 Pitt Des Moines, Inc., et al. v Randy W. Busbee 01/26/1999
No WCC err:held clmt suffered back injuries caused by work fall
1274981 Robert Gordon Darden v Cynthia Lynn Darden 01/26/1999
Summarily affirmed
1388981 Kathleen Padilla v Norfolk Division of Social Svs 01/26/1999
Summarily affirmed
1878983 Gloria Gayle Elkins v DSS for County of Campbell 01/26/1999
Summarily affirmed
1990984 Hunan Imperial Restaurant, et al. v Han Trung Lam 01/26/1999
Summarily affirmed
2038983 Tri-Cities Industrial Builders, et al. v Duncan 01/26/1999
Summarily affirmed
2729971 Alfonza Wyche, Jr. v Commonwealth of Virginia 01/26/1999
Evidence suff.to est.guilt of poss.cocaine/use FA in poss cocaine
2967971 Jermaine L. Bell v Commonwealth of Virginia 01/26/1999
Evid.sufficient to support convictions f-degree murder and use FA
3043971 Elton Leroy Drummond v Commonwealth of Virginia 01/26/1999
No TC err:evid.shows beyond reason.doubt poss.intent to dist.coca
0628982 Charles Hershfield v Town of Colonial Beach, et al 01/19/1999
TC correctly declined jurisdiction b/c notice of appeal untimely
1743983 Hyekyung Kim St. Clair v Dallas B. St. Clair 01/19/1999
Summarily affirmed
1752982 Joseph B. Packett, III v Potomac Supply Corp,et al 01/19/1999
Summarily affirmed
1827983 Kent A. Derrow v Owens Brockway Plastics, Inc., et 01/19/1999
Summarily affirmed
1832983 Billy B. Harman v B & P Construction, et al. 01/19/1999
Summarily affirmed
2141984 Northern Operations Center, et al. v Castaneda 01/19/1999
No WCC err:awarding clmt temp.total dis.bene.from12/24/96 contin.
2211981 Eastern State Hospital v Tenia P. Roberson 01/19/1999
No WCC error re: clmt sustained new inj.by accident\test.credible
0134983 Deborah C. Sproles v Robert K. Lowry, IV 01/12/1999
No TC error re: deducting "credit" after calculating child supp
0655984 Wade Michael Sheldon v Spirits Restaurant, et al. 01/12/1999
Evid.suffi. to prove clmt was employee not indep.contractor
0678983 Jason Derick Martin, s/k/a Jason Derek Martin v CW 01/12/1999
Evid.suff.proving def.possessed firearm that could fire projectil
0907983 Glenwood Edward Johnson v M S Carriers, Inc., etal 01/12/1999
Insuff.evid.to support required basis of necessary 3rd employee
1550974 Farid Sediqi v Commonwealth of Virginia 01/12/1999
No TC err:ref.to grant mtn for new trial based on aftr-disc.evid.
1556972 Kimberly P.Martin, s/k/ Kimberly Paige Martin v CW 01/12/1999
On Rehearing En Banc, trial court's decision affirmed
2046973 Garrett E. Graves v Commonwealth of Virginia 01/12/1999
On Rehearing en banc, trial court decision affirmed
2862971 Zackary Anthony Carter, s/k/a, etc. v Commonwealth 01/12/1999
TC error re: one juror should have been excused for cause
2896973 John Randolph Hairston v Commonwealth of Virginia 01/12/1999
Evidence sufficient to support defendant's conviction of robbery
0111983 Robert Carl Burnett v Commonwealth of Virginia 01/05/1999
Evid.suff. to prove appellant committed grand larceny by check
1569983 Commonwealth of Virginia v Charlie William Gilbert 12/29/1998
TC err in concluding officer lacked reason.susp.for Terry stop
3074973 Harry Emell Dean v Commonwealth of Virginia 12/29/1998
No TC error re: def.was given notice licence susp. for 10 years
0114982 David and Anne Woodruff v Harlie Greene, Bldg Off. 12/22/1998
TC err:Greene&Hark.failed to conduct reas.inq/Remand re: sanc/fee
0169983 Judy Ann Kisling v Commonwealth of Virginia 12/22/1998
Insuff.evid. to prove custodial or supervisory relation.w/victim
0372984 Darlene Sekerez v Herbert F. Bravo 12/22/1998
Summarily affirmed
0863972 David Guy Jones v Commonwealth of Virginia 12/22/1998
No TC error re: conviction of failure to stop at scene of acc.
0881983 Walter Everett Childress, Jr. v Appalachian Power 12/22/1998
NoWCerr:neck cond/psy.cond/letter den/can.rtn wk/WCerr:Trtmt auth
1155981 Randall V. Phelps, Sr. v Doris Carol Powell Phelps 12/22/1998
Summarily affirmed
1288973 Ronald Eugene Crewey v Commonwealth of Virginia 12/22/1998
TC didn't err in admitting test.re: app.'s taking alkasensor test
1326983 Grace Ellen Falls v Virginia Mennonite Retire., et 12/22/1998
WCC error re: finding clmt didn't market residual wk capacity
1499972 Craig Roland Browder v Commonwealth of Virginia 12/22/1998
Evid.suf.to supp.def.conv.for invol.mans.,dischg FA,stat.burg.,FA
1741972 George Henson, Jr. v Commonwealth of Virginia 12/22/1998
Evidence sufficient to support conviction of perjury
2107974 Terry Jansen Forney v Commonwealth of Virginia 12/22/1998
Insuff.evidence to prove conspiracy to distribute marijuana
2607972 Antione Marquis Wicker,s/k/a Antoine Wicker v CW 12/22/1998
Evid.suff.to prove abduction by prisoners/viol.Code Sec.18.2-48.1
2925973 James Edward Horsley v Commonwealth of Virginia 12/22/1998
No TC err:excl.evid.of stmt by comp.witness re:prior sexual behav
0515983 Karen A. Gallupe v Roanoke City DSS 12/15/1998
No TC error re: termination of parental rights for mother
1209983 Lisa Allen, f/k/a Lisa A.P. Shaw v Lynchburg DSS 12/15/1998
No TC err:DSS presented clr and convin.evid.to term.parental rts
1587972 Garfield B. Johnson v Commonwealth of Virginia 12/15/1998
No TC err:record fails to establish trial judge abused discretion
1650983 Juanita A. Whittaker v Roanoke Co. DSS 12/15/1998
No TC err:clr & convinc.evid.to term.parental rts/childs best int
1655972 Garfield B. Johnson v Commonwealth of Virginia 12/15/1998
No TC error re: revoked susp.sent.post-guilty plea in other case
1773984 Town of Washington Water Works, et al. v Pullen 12/15/1998
Summarily affirmed
2305973 Henry Christian Olsen v Commonwealth of Virginia 12/15/1998
No TC err:ref.mtn for new trial/mtn to cont./allowing chal.testi.
2833974 Stanley Sellers v Commonwealth of Virginia 12/15/1998
No TC err:CW met req'mts to permit officer to use notes,no hearsa
2904971 Alvin Rudolf Fields, a/k/a Alvin Rudolf Ward v CW 12/15/1998
No TC err:admit.conv.orders/conv.3X of pet.larceny/fel.pet.larc.
0002981 Berry Ali Hanie, s/k/a Barry A. Haynie v CW 12/08/1998
Evidence insufficient to prove robbery conviction of Davila
0775982 Sarah L. Humphries v Charles M. Davis, II 12/08/1998
Summarily affirmed
1242982 Tarmac America, Inc., et al. v Robert L. Salmon,Jr 12/08/1998
Summarily affirmed
1314984 Michael E. Vanderford v Tommie Adelia Vanderford 12/08/1998
Summarily affirmed
1464983 Sandra C. Graham v Consolidated Stores, et al. 12/08/1998
Summarily affirmed
1610982 Philip Morris USA, et al. v Mamie E. Peterson 12/08/1998
Summarily affirmed
1649983 Goodyear Tire & Rubber Co., et al. v Arthur R Deel 12/08/1998
Summarily affirmed
1654982 Community Memorial Healthcenter, et al. v Crute 12/08/1998
Summarily affirmed
1671982 Virginia Commonwealth Textiles, et al. v M. Metz 12/08/1998
Summarily affirmed
1678972 Robert Hurt Robertson, Jr. v Commonwealth 12/08/1998
No TC err:deny mtn to diss/grant CW's mtn for cont/convicting app
1681984 Kathryne Smith v Fairfax Hospital, et al. 12/08/1998
Summarily affirmed
1718974 Terrance Darnell Boykin v Commonwealth of Virginia 12/08/1998
No TC err:grnt CW's mtn in lim.prevents def.from stating penalty
1757971 Sherry Denise Battle v City of Norfolk 12/08/1998
TC error: Def.not prosecuted in a timely manner per Sec.19.2-243
2038973 Bonnell B. Boyd v Commonwealth of Virginia 12/08/1998
No TCerr:acc.psy.records/CW review excul.evid./no paro/mtn set as
2619971 Randy M. King v Commonwealth of Virginia 12/08/1998
Correction to page 4 (order in Burket cite)
2691971 Tony Benjamin Council v Commonwealth of Virginia 12/08/1998
Evid.suff.to prove def.guilty of robbery & related firearms chgs
2702973 James Michael Sellick v Commonwealth of Virginia 12/08/1998
No TC err:deny mtn to suppress/evid.suff to prove poss.cocaine
2735974 Nathan B. Kirk v Commonwealth of Virginia 12/08/1998
No TCerr:prop.instr.jury on all elem.of obtain.prop.by false pret
2842974 Keith A. Carpenter v Commonwealth of Virginia 12/08/1998
No TC err:admit.evid.of consump.of and presence alcohol in truck
1343973 Rodney Lee Rucker, a/k/a Ronnie L. Rucker v CW 12/01/1998
No TC err:enforcing habit.off order re:name spell./order in force
1546974 John David Smith v Commonwealth of Virginia 12/01/1998
No TC error re: admit.evid/circum.evid./carnal.know.instruction
2561971 Craig Jeffrey Thomas v Commonwealth of Virginia 12/01/1998
Sufficient evidence to prove appellant constructively poss.cocain
2632971 Ronnie McNair v Commonwealth of Virginia 12/01/1998
No TC err:cons.of forgery, uttering & petit larc/blank checks
0070984 Mary W. Stultz, Deceased, et al. v Helen S.Albaugh 11/24/1998
TC err:TC had no juris.to enter order upon which conviction based
0124983 Kathy R. Gobble McElraft v Don L. McElraft 11/24/1998
No TC err:sep.agree.valid/real est became husband's prop by deed
0765984 John David Pellegrin v Diane L. B. Pellegrin 11/24/1998
Summarily affirmed
1071983 Norman H. Hale v Southwest Sanitation Co., et al 11/24/1998
Summarily affirmed
1083983 Robert A. Sanders, Deceased, et al. v Friendship 11/24/1998
Summarily affirmed
1120981 Merilyn Jackson Burgess v Hampton School Board 11/24/1998
Summarily affirmed
1255983 John Hall v Hallie M. Hall 11/24/1998
Summarily affirmed
1328981 Jerry Anne Bickell v Lake Taylor Hospital, et al 11/24/1998
Summarily affirmed
1364983 Commonwealth of Virginia v Douglas Jerome Smith 11/24/1998
Trial court's decision to suppress evidence affirmed
1394984 Yousef M. Alkadi v Arlington County School Board 11/24/1998
Summarily affirmed
1420981 Lisa L. Conaway v Kentucky Fried Chicken, et al. 11/24/1998
Summarily affirmed
1484981 Jeanne H. Hardy v Nardi Contracting Group, et al. 11/24/1998
Summarily affirmed
1560984 The Hair Cuttery, et al. v Wendy V. Shanholtz 11/24/1998
Summarily affirmed
1649973 John Mason St. Clair v City of Lynchburg 11/24/1998
No TC err:admit result from br'alyzer/ref.to dismiss prosecution
1724973 Valeria L. Green v Commonwealth of Virginia 11/24/1998
No TC error re: order re: contempt valid/evid.suff.poss. of cats
1740981 Wilhelmenia Lee v City of Portsmouth School Board 11/24/1998
No WCC err:Clmt failed to prove inj.by acci.arising out of employ
2350971 Antoine Lopez Lloyd v Commonwealth of Virginia 11/24/1998
No TC error re: codef.stmt admissible/this issue barred - no obj
2614971 Christopher T. Temple v City of Virginia Beach 11/24/1998
No TC error re: deprived appellant of commercial driver's license
2768971 Cameron E. Magouirk v Commonwealth of Virginia 11/24/1998
Evidence suff. to support conv. for grand larceny/embezzlement
2770972 Tyrone Jerrod Pettiford v Commonwealth of Virginia 11/24/1998
Evid.suff.to supp.order re:revoked port.of susp.sen post sh.cause
0472984 Karen A. McIntosh v John A. McIntosh 11/17/1998
Summarily affirmed
0587981 Melissa Hoffler v Daniel Hoffler 11/17/1998
TC error re; portion of divorce decree re: lump sum prop. settl.
0951983 Jerry Kenneth Kain v Eunice P. Kain 11/17/1998
Summarily affirmed
1868984 Eugene Koranteng v Federal Express Corporation, et 11/17/1998
Clmt failed to prove left should.con./dis. related to inj.byaccid
2220974 Sean William Morris v Commonwealth of Virginia 11/17/1998
No TC err:no illegal deten.or search/illeg.obtained stmt w/o mira
2482973 Robert Wayne Hickson, Jr. v Commonwealth 11/17/1998
Evidence sufficient to sustain conviction for arson
2756972 Shawn Aubrey Jones v. Commonwealth of Virginia 11/17/1998
No TC error re:officer had prob.cause to stop/community caretaker
0309972 Clifton Mason, s/k/a Clifton B. Mason v CW 11/10/1998
Upon Rhg En Banc, evid.suff.to prove exposure per Code 18.2-370
0810984 George A. Langhorne v Joanne Langhorne 11/10/1998
Summarily affirmed
0832981 Nora Hamel v Beachside L C and Twin City Fire Ins. 11/10/1998
Summarily affirmed
0990982 Margaret L. Sharp v Roland M. Woodard 11/10/1998
Summarily affirmed
1183982 Goodyear Tire & Rubber Co., et al. v Ruth Williams 11/10/1998
Summarily affirmed
1422983 James Eric Cox v Goodman Hardware Glass 11/10/1998
Summarily affirmed
1448973 Dennis James Owen v Commonwealth of Virginia 11/10/1998
No TC error re: refus.to supp. evid./denying mtn for mistrial
1720973 Christopher Michael Towns v Commonwealth of VA 11/10/1998
Evidence insufficient to support conviction for escape
2416972 James Lee Stevens v Commonwealth of Virginia 11/10/1998
No TC err:ref.to supp.confes./evid.suff.to prove expos.genitals
2566973 Eric Blane Lee v Commonwealth of Virginia 11/10/1998
Evidence sufficient to convict of poss.with int.to distr.cocaine
2669974 Landon T.A. Summers v Marcia L.B. Summers 11/10/1998
Summarily affirmed
2728974 Donald Wayne Shepherd v Commonwealth of Virginia 11/10/1998
Evidence sufficient to support conviction for grand larceny
1370973 Larry Joe Ellison v Commonwealth of Virginia 11/03/1998
Evid.suff. to prove appellant knew an accident had occurred
2381974 Edward Ardale Brame v Commonwealth of Virginia 11/03/1998
Evid.suff.to prove appllant guilty of grand larceny of computer
2837973 Jennifer A. Stout v Russell D. Stout 11/03/1998
TC error:limiting spousal support to wife to twenty-four months
0301984 Ahmad Djadali v Farzaneh Djadali 10/27/1998
No TC err: prov.denying child sup/ref.to grant hearing re:ch.supp
0378981 Sights & Brightwaters Investors, et al. v VA ABC 10/27/1998
No TC error re: denial of on-premises beer license by VA ABC Bd.
0444983 Edward Joseph Cronin v Stacey A. Cronin 10/27/1998
Summarily affirmed
1207982 Jon W. Jungers t/a Richmond Modular v N. Powers 10/27/1998
Summarily affirmed
1237984 Kathryn E. Shuron v ARA Food Service, et al. 10/27/1998
Summarily affirmed
1515974 Steven L. Whibley v Commonwealth of Virginia 10/27/1998
No TC error:admitting into evid. cert.of breath alcohol analysis
1814973 William Michae Knowles v Commonwealth of Virginia 10/27/1998
No TC err:ref.to grant mistrial/obj.trial trans./evid.hrg/evid.
2371972 Leland Lloyd Johnson v Commonwealth of Virginia 10/27/1998
No TC err:admit.b.a.cert.b/c it was "not" mailed per request.
2428974 Rashourn Ezekiel Niles v Commonwealth of Virginia 10/27/1998
No TC error:applying Code Sec.16.1-272;no equal rights prot viol
2483974 Herman Cefus Newman v Commonwealth of Virginia 10/27/1998
Evid.suff. to conv.for grand larceny w/o witness identification
1174983 Steven B. McClellan v H.L.Yoh Co. & Ins.Co of Penn 10/20/1998
Summarily affirmed
2087974 David J. Harris v Commonwealth of Virginia 10/20/1998
Def.not denied stat. or const. right to speedy trial
2370972 Travis Maxwell Ellington v CW 10/20/1998
Evidence insuff. to support conviction for petit larceny
2395972 Antonio Ewell Morse v Commonwealth of Virginia 10/20/1998
Evid. suff. to prove def.intended to distribute cocaine
0085984 Judith Adele Plotkin v Fairfax Co.D.F.S. & Richey 10/13/1998
No TC err re:order removing children from mom/atty's fees denied
3078974 Penny Carter v Joan Brown 10/13/1998
No TC err:mother failed to est.requisite chg in circ. supp by rec
1039983 Timothy Brandon v Sunstates Maintenance Corp., et 10/06/1998
Summarily affirmed
1212974 James Earl Jackson v Commonwealth of Virginia 10/06/1998
No TC err:suff.evid.to est.value of stolen items/testimony admiss
1271984 Martin Marietta Corp., et al. v Mary Joan Harris 10/06/1998
Summarily affirmed
1276984 Super Fresh Food Markets, Inc. v Rejino C. Stultz 10/06/1998
Summarily affirmed
1298981 Commonwealth of Virginia v Robert Lee Taylor 10/06/1998
TC err re:def.consented to search/def.not seized/mtn to supp. rev
1428984 Francisco Zavala v Arlington Co. Dpt of Human Svs 10/06/1998
Summarily affirmed.
1578972 David Lewis Goode v Commonwealth of Virginia 10/06/1998
Evidence sufficient to convict for voluntary manslaughter
1802972 Dennis Wayne Toney v Commonwealth of Virginia 10/06/1998
No TC error re: consent vol./officers not exceeded scope/evd.suff
1942971 Felicia Mae Shearin v Commonwealth of Virginia 10/06/1998
Evid.suff.to convict for intent.to temp.deprive owner poss.of car
2117971 Markeith Alan Turner v Commonwealth of Virginia 10/06/1998
Evidence sufficient to sustain convictions - robbery, use f/a
2304974 Misael Rolando Hernandez v Commonwealth 10/06/1998
Record is wholly inadequate to make appellate review impossible
2400972 Felicia Gregg O'Brien, a/k/a Felicia K. Gregg v CW 10/06/1998
TC properly denied the mtn to strike/not ruling acted in self-def
2470974 Chang He Zhen v Commonwealth 10/06/1998
No TC error re: evid. admiss/officer's test.harmless: no rev. err
2498974 Erik Tiante Johnson v Commonwealth of Virginia 10/06/1998
Evid.sufficient to convict defendant of malicious destr. of prop
2860972 CW, DSS, DCSE, Sarah Carter v David M. Branch 10/06/1998
TC error:amount of child support arrear./refu'l to grant interest
3060972 Joseph E. Finley, Jr. v Shirley J. Travis 10/06/1998
TC error re: removing child from natural father's custody
0661983 Jadeen and Susan Lowery v H'burg-R'ham S.S.D. 09/29/1998
Summarily affirmed
1167984 Jade H. Miller v A T & T Corporation 09/29/1998
No WCC err:clmt didn't prove RSD & med.trtmt related to comp.inj
1988972 Thaddeus R. Foddrell v J & J Southeast, et al. 09/29/1998
No WCC err: clmt failed to prove inj. by accident in court of emp
2737974 Robin Lynn Cain v Commonwealth of Virginia 09/29/1998
No TC error re:def.represented by counsel in earlier proceeding
0359983 Patrick N. Cline v Donna K. Cline 09/22/1998
Summarily affirmed
0395984 Winston Jeffrey Watt v Pamela Susette Parmer Watt 09/22/1998
Summarily affirmed
0654974 Maria Diaz v Alicia Cummings Morrissey, et al. 09/22/1998
On Rehearing, Court dismisses appeal -- transcripts indispensible
0837983 ECPI Computer Inst.,etal. v Carmen A. Thompson, et 09/22/1998
Summarily affirmed
1026983 City of Salem Health Services, et al. v Skipper 09/22/1998
Summarily affirmed
1664972 Ian Cabili Pertos v Commonwealth 09/22/1998
No TC error re: deadly wpn and vol.mansl. instructions/suff.evid
1792971 Kenneth McKae Peele v Commonwealth 09/22/1998
Evidence sufficient to convict for malicious wounding
1956971 Charlie Donaldson v Commonwealth of Virginia 09/22/1998
Evidence sufficient to support conviction for statutory burglary
2090971 Markeith Alan Turner v Commonwealth of Virginia 09/22/1998
Evidence sufficient to convict for two robberies
2362971 Kelly Paige Edwards v Commonwealth of Virginia 09/22/1998
No TC error re: denial of mtn to supp/excluding expert testimony
2529972 Sergio E. Hayes, a/k/a Andre O. Julian v CW 09/22/1998
No TC error re: denying challenge of strikes against 4 veniremen
2589971 Barbara Ann Cuffee v Commonwealth of Virginia 09/22/1998
No TC err: refusing 3 jury instr re: 2 on self-def/1 on wit.cred.
0451982 Eugene Mary Ripplinger v Peggy W. Ripplinger 09/15/1998
Summarily affirmed
1000983 Jerry Wayne Combs v Commonwealth 09/15/1998
Summarily affirmed
1102983 Jack Jernigan v Ryder Dedicated Logistics, et al. 09/15/1998
Summarily affirmed
1245984 Houlihan's t/a Darryl's Rest., et al. v Slater 09/15/1998
No WCC err:no unjust.refusal sel.emplomt/emp'er resp.for med trmt
1531972 John Douglas Clark v Susan Little Bundy Clark 09/15/1998
No TC error re: atty fees/tang.prop./TC error re:sp supp/real est
1750972 Kanandez Epperson v Commonwealth of Virginia 09/15/1998
Epperson did not preserve for appeal the question re: suff.evid.
2056972 Rojai Lavar Fentress v Commonwealth 09/15/1998
No TC error re:not granting mistrial/evid.suff. to i.d. as killer
2193972 William Andreas Pyliaris v Commonwealth 09/15/1998
Evidence sufficient to sustain conviction for assault
0460984 DeAngela Conner v Arlington County DSS 09/08/1998
Summarily affirmed
0817982 Thomas Hodge v Great Coastal Express, et al. 09/08/1998
Summarily affirmed
0827984 Grand Piano & Furniture Company, et al. v Fogle 09/08/1998
Summarily affirmed
0963983 Commonwealth of Virginia v Charlie William Gilbert 09/08/1998
TC did not err in granting defendant's motion to suppress
1003981 John D. Lucey & Son Plumbing,et al. v Ronald Tatem 09/08/1998
Summarily affirmed
1880972 William C. Penley v Commonwealth of Virginia 09/08/1998
Evid.suff. to prove attempted taking of indec.lib/lasciv.intent
0342984 Kathryn D. Venie v David A. Venie 09/01/1998
Summarily affirmed
0899981 Shelby Guthrie Shaw v Merchant's Tire & Auto et al 09/01/1998
Summarily affirmed
0074983 Rebecca Ruth Robinson Dowdy v Otis L. Dowdy 08/25/1998
Summarily affirmed
0392982 Kathleen G. Rocker v Timothy E. Brown & Anne Brown 08/25/1998
Summarily affirmed
0429982 Connie P. Mitchell v City of Richmond Nursing Home 08/25/1998
Summarily affirmed
0438984 Thomas Jeffrey Determan v Willard C. Thompson, et 08/25/1998
Summarily affirmed
0466981 Marchia L. Brackett v Chesapeake Public Schools,et 08/25/1998
Summarily affirmed
0585983 Zenith Hilliard v Tri Travel Network, Inc., et al. 08/25/1998
Summarily affirmed
0619984 Commonwealth of Virginia v Benjamin S. Crewe 08/25/1998
TC error re: granted suppression motions
0620984 Commonwealth of Virginia v Paderic Howell Conroy 08/25/1998
TC error re: granting suppression motions
0621984 Commonwealth of Virginia v Philip C. Maniscalco 08/25/1998
TC error re: granting suppression motions
0622984 Commonwealth of Virginia v Michael R. Carosella 08/25/1998
TC error re: granting suppression motions
0649982 City of Richmond School Bd., et al. v Joan Jones 08/25/1998
Summarily affirmed
0744983 Dickenson Co. School Bd. v Patricia K. Mullins 08/25/1998
Summarily affirmed
0786984 Thurondie L. Chisholm v The Washington Post, et al 08/25/1998
Summarily affirmed
0794983 Luther C. Helbert, Jr. v Dyanne Webb Helbert 08/25/1998
Summarily affirmed
0826983 Ralph Allen Frye v Reynolds Metals Co., et al. 08/25/1998
Summarily affirmed
2924973 Ruth A. Fifer v Virginia Retirement System 08/25/1998
Summarily affirmed
0828983 Sunnyside Presbyterian Retirement, et al. v Royer 08/18/1998
No credible evidence clmt's accident arose out of employment
0867981 Commonwealth of Virginia v George Griffin 08/18/1998
TC error re: order granting suppression of subject evidence
0887984 Richard W. Bridges v Progressive Printing, et al. 08/18/1998
No WCC err:clmt failed to prove injury arose out of employment
1030974 Edward R. Cushen v Janice J. Cushen 08/18/1998
No TC error re: determinations re:divorce grounds and spousal sup
2249972 Kelly Yvette Timbers v Commonwealth 08/18/1998
Evid.suff.to support conv.as principal in 2d deg.for dist.cocaine
0045982 Russell Stover and TIG Premier Ins. v Alexander 08/11/1998
WCC error: Must clarify trtmt of emp.mtn.to dis & interp of 3.2
1279972 Henry Lee Davis v Commonwealth 08/11/1998
Suff.evid.to prove def.guilt/TC applied correct standard to facts
1461971 Robert M. Ewing v Patricia L. Ewing 08/11/1998
No TC error re: child support oblig/no attorney's fees
1642972 Chris O. Turner, s/k/a Crist O. Turner v CW 08/11/1998
TC err:Ruled CW didn't have to rebut discrim.by race-neut.reason
1793973 Enrique Andres Silberblatt v Lori Ann Silberblatt 08/11/1998
TC error:increase sp.supp.as perm.awd./No TC error re: all else
1936972 Werner S. Hindrichs v Diane F. Hindrichs Godorov 08/11/1998
No TC err:finding that Penn.Ct. better forum/VA Ct. has no juris
2565972 Ruth B. Hughes v Richard Lee Hughes 08/11/1998
TC error: custody decree reversed; custody returned to mother
0123981 Georgia-Pacific Corporation v Ricky A. Davis 08/04/1998
No WCC err: dc didn't deny due proce/mkted wk cap./evid.cont.dis.
0178982 Commonwealth of Virginia v Edward Lee Douglas, Jr. 08/04/1998
TC error re: suppressing evid. seized from appellant's car
0553973 Matthew Dean Wyatt v Commonwealth 08/04/1998
Evidence establishes criminal agency of defendant
1684971 Vernon Otis Silver v Commonwealth 08/04/1998
Disputed evidence lawfully obtained during consensual encounter
1851971 Claude M. Boone v Commonwealth 08/04/1998
Evidence suff.to prove appellant constructively possessed cocaine
0035972 Geraldine B. Mondido v Commonwealth 07/28/1998
No TC error re: refusing to instruct jury re: accommodation distr
0479984 Leslie Lovell Warren v Florence Phuong-Dung Pham 07/28/1998
Summarily affirmed
0497981 Newport News Shipbuilding and Dry Dock v Emerson 07/28/1998
Summarily affirmed
0575981 B & N Contractors, et al. v Vearlyn Wheeler 07/21/1998
Summarily affirmed
2169971 Gregory Mazyck, s/k/a Gregory A. Mazyck v CW 07/21/1998
No TC error re:refused instruct jury on access.after fact offense
1230972 Ramon Antwain Page v Commonwealth of Virginia 07/14/1998
No TC error re: evid. sufficient to prove malice byd reason.doubt
1624973 Douglas S. Simmons v Commonwealth 07/14/1998
Evid.suf.to prove appl.principal in 2nd deg.to malicious wounding
1963972 Lamont V. Evans v Commonwealth of Virginia 07/14/1998
No TC error re: mtn to strike evid.; evidence admissible
1995972 Tony Murray v Commonwealth of Virginia 07/14/1998
Evid.suff.int.to maim, disfig.,disable or kill victim/no self-def
0233974 Allen Lebedun, s/k/a Allen A. Lebedun v CW 07/07/1998
No TC err:sch warr/mtn to supp/contin/evid./evid.suff./stat.notic
1246974 Patricia S. (Plisco) Broderson v Charles Plisco,Jr 07/07/1998
No TC err:denial mtn to enforce foreign decree/remand custody pet
1961971 Clarence R. McCray v Commonwealth 07/07/1998
No TC error re: evidence suff./tc's failure to supp. confession
2050974 Jonathan Michael Whitaker v Commonwealth 07/07/1998
Insufficient evidence to prove breaking
2125971 James T. Sykes v Commonwealth 07/07/1998
No TC error re: trial in absence/i.d. informer/evid. suff to conv
2203972 Keith Eric Williams v Commonwealth of Virginia 07/07/1998
No TC error: venue proper in Hanover Co.; denial of mtn to strike
2514972 Charles Howard Davidson, Jr. v CW 07/07/1998
Evidence sufficient to convict for grand larceny
2610971 Phyllis Fuller v City of Va. Beach D.S.S. 07/07/1998
No TC error re: cust.to other rel./children not age of discretion
1483972 Laura Kenny v Richmond Department of Social Servs 06/30/1998
Evid.sufficient to have mother's parental rights terminated
1524971 Sharelle Grace Duke Merritt v Commonwealth 06/30/1998
No TC error re: evid.suff.to conv.for 2deg. murder/mtn for mistri
1736972 Neville Clive Shimhue v Commonwealth 06/30/1998
Evid.suff.to prove intent to maim, disfig, disable or kill/malice
1827972 Brandon Alexandria Dyer,s/k/a B.Alexander Dyer vCW 06/30/1998
No TC error: TC admitted evid.obtained from investigatory stop
1962972 Waverly Yates, Jr. v Commonwealth 06/30/1998
TC error re: insufficient evid. to sustain conviction for conspir
2245972 Steven Eric Holden v Commonwealth 06/30/1998
No TC error:sodomy accomplished against will of witness by force
2443971 Deborah A. Williams v Wiley D. Williams 06/30/1998
No TC error:stock not marital prop./NC prop.corp./Mandan marital
2711971 Roy Raymond Carnes v Raytheon Constructors, Inc.et 06/30/1998
No WCC err:clmt failed to make reas.effort to market resid.wk cap
0167981 Commonwealth of Virginia v Laura Marie Adams 06/23/1998
TC decision granting mtn to suppress evidence seized is reversed
0254983 Commonwealth of Virginia v Michael (NMN) Norris,Jr 06/23/1998
TC erred in granting mtn to suppress cocaine as evidence
0403984 John E. Wigfall v. Rainbow Ind., Inc., et al. 06/23/1998
No persuasive evid.clmt's r.knee injury related to comp.inj./acc
1231974 Nathan Lamont Reed v Commonwealth of Virginia 06/23/1998
Suff. evid. to support second degree murder (malice)/use firearm
1776971 Kenneth A. Gore v Commonwealth of Virginia 06/23/1998
Suff.evid. to show constr.poss.of firearm after convict.of felony
1829973 Donnie Wayne Sensabaugh v Commonwealth of Virginia 06/23/1998
Issue presented has no bearing on convictions for unlawful wound.
0107972 Davis Randolph Brown v Commonwealth 06/16/1998
No TC error re: evid.sufficient to prove committed offenses chged
0348972 Van Derrick Tucker v Commonwealth 06/16/1998
Evidence sufficient to convict for poss.of cocaine w/int.to distr
0459981 Dog Face Management, Inc., etc. v William J. Usher 06/16/1998
Summarily affirmed
0599972 Angela Marie Pettway v Commonwealth 06/16/1998
Evid.insufficient to prove embezzling beyond a reasonable doubt
1177974 James Frank Hayes v Commonwealth 06/16/1998
No TC error re: no denial of 6th Amend. right to speedy trial
1393973 David Lee Jones v Commonwealth 06/16/1998
Evidence sufficient to prove 2nd degree murder
1416973 Nishat I. Karimi v Iftekhar A. Karimi 06/16/1998
TC error re: terminating father's obligation to pay child support
1618972 Tieone Demetrist Thomas v Commonwealth 06/16/1998
TC error re:evid.insufficient to support conv.for poss.cocaine
1799971 Marque T. Knightnor v Commonwealth 06/16/1998
Evid. suff. to prove possessed firearm after conv.of a felony
1950972 Virginia H. Sarver, f/k/a V.S.Sorum v Harvey Sorum 06/16/1998
TC error re: TC had no authority to adjudicate student loan issue
2409974 Winston Jeffrey Watt v Pamela Susette Parmer Watt 06/16/1998
No TC error re: custody of parties' child to mother
2574971 Mary Beth Bundschuh v William P. Bundschuh 06/16/1998
No TC error re: husband's stock had no value
2600974 Winston Jeffrey Watt v Pamela Susette Parmer Watt 06/16/1998
No TC error re: custody of parties' child to mother
3011972 William Gary Wadford v A.D.R.Wadford & R.T.Redford 06/16/1998
No TC error re: custody of daughter to wife and Redford
3141963 Kenneth W. Barksdale v Commonwealth 06/16/1998
No TC error:no abuse of discretion in denial of mtn for new trial
0154971 Ricardo Casanova Faulk v Commonwealth 06/09/1998
Evid.proves:int.to perm.deprive owner of phone/value/int.cocaine
0217973 James Douglas Hodge v Commonwealth 06/09/1998
No TC err:not striking/giving instru.after witn made prej.remarks
0432973 Phillip B. Lester & Douglas R. Lester v CW 06/09/1998
No TC error re: denial of motion to suppress inculpatory stmts
0891972 Andre Taylor v Commonwealth of Virginia 06/09/1998
Evidence suff to convict for possession of cocaine byd reasn.doub
1003973 Jane Marie Bratton v Commonwealth 06/09/1998
Evid.suff.to supp.conviction/TC properly applied stat.presumption
1224974 Margaret Jane Cryor Gaynor v Frederick S. Hird, Jr 06/09/1998
No TC error re: equitable distribution/rental issues/suspen.bond
1322972 Herman R. Atkins, Jr. v Commonwealth 06/09/1998
No TC err:FA was part of first larc/ref.to instr.jury on Sin.larc
1487971 Leroy Ricky Etheridge v Commonwealth 06/09/1998
Evidence sufficient to support first degree murder conviction
1549971 Bettye Renee Nichols v Commonwealth 06/09/1998
No TC err re: revokation of suspended sentence/remand for new sen
1841974 Margaret Jane Cryor Gaynor v Frederick S. Hird Jr 06/09/1998
No TC error re: equitable distribution/rental issues/susp.bond
1848972 William Haller Coiner v Vickie Anne Coiner 06/09/1998
No TC err:imput.of income/val.of assets/credit for mort.pmts/IRA
1907974 Margaret Jane Cryor Gaynor v Frederick S. Hird, Jr 06/09/1998
No TC error re: equitable distribution/rental issues/suspen.bond
2779971 Capt. David P. Hickman v VA Board for Branch Pilot 06/09/1998
No TC error re: Suff.evid.to supp. Bd's findings&acted properly
3069963 Dennis Earl Stoneman v Commonwealth 06/09/1998
No TC error re:denial of mtns-sec.prelim.hrg/contin/strike jurors
0166973 Michael Summers, s/k/a Michael Scott Summers v CW 06/02/1998
No TC error: sufficient evid.to prove possess.or intent to distri
0469974 Stephen A. Sharp v Lynn C. (Sharp) Wilson 06/02/1998
No TC error:child supp.retro.to orig.pet/amt/guidelines/atty fees
0860973 Barbara Faye Carter Adkins v Commonwealth 06/02/1998
No TC error re: revoking suspended sentences
0963973 Edward Thomas Resio v Commonwealth of Virginia 06/02/1998
TC error:admitting evidence of prior convictions for burg.& rape
1054973 Robert D. Mimm v Commonwealth of Virginia 06/02/1998
No TC error re: holding appellant in contempt in front of jury
1277974 E. Anthony Shields v Barbara R. Shields 06/02/1998
TC error re: child support award (enforcing oral agreement)
1819973 Jimmy McCue Davis v Brenda Joyce Shelton Davis 06/02/1998
TC error re: redet. of equitable distribution & spousal sup award
2164973 William H. Holloway v Betty Holloway 06/02/1998
Summarily affirmed
2303973 Dennis G. Gray Bullins v Dreama Dawn Witt Bullins 06/02/1998
Summarily affirmed
2576973 Harold L. Ray v Wendall J. and Ann C. Radford, et 06/02/1998
No WCC error re: no jurisdiction to award benefits to clmt
3048971 City of Virginia Beach School Bd v Obed Chappell 06/02/1998
Summarily affirmed
0098983 Meadow Green Minute Market, et al. v Bowles 05/26/1998
Summarily affirmed
0101983 Commonwealth of Virginia v Leonard Carl Ferguson 05/26/1998
No TC error: appellant's statement was involuntarily given
0991972 Kehinde A. Ogungbade v Commonwealth 05/26/1998
No TC error re: tc's refusal to give jury instr/suff.evid to conv
1301972 Keith Marvelle Taylor v Commonwealth 05/26/1998
No TC error re: evidence sufficient to convict for grand larceny
0224983 Rachel Fleshman v Marriott & Continental Ins. Co. 05/19/1998
Summarily affirmed
1164973 William Marshall Ward v Commonwealth 05/19/1998
No TC error re: evidence suff.to prove intent to distribute marij
1308974 Sara L. Hollingsworth v Malcolm Lee Hollingsworth 05/19/1998
TC err:wife entitled to half milit.bene.rec'd by husb after reduc
1486974 Malcolm Lee Hollingsworth v Sara L. Hollingsworth 05/19/1998
No TC error re:husb.owes wife portion of retir.bene for 7/89-3/90
1807973 Harvey E. Long v Virginia Retirement System 05/19/1998
No WCC error re: denial of claim for perm. disability retire. ben
2295973 Eugene H. Scales, Jr. v CW, DSS, DCSE,Meyoki Jones 05/19/1998
Summarily affirmed
2946972 Nancy Porok v Richmond Memorial Hospital, et al. 05/19/1998
Summarily affirmed
0439974 Oludare Ogunde, a/k/a Tony Williams, s/k/a v CW 05/12/1998
No TC error: waived right to attorney voluntarily & intelligently
1676973 Tommy D. Martin, s/k/a Tommy D. Martin, Jr. v CW 05/12/1998
No TC error re: no lack of probable cause; informant reliable
2975973 Huffmon Ray Elliott v James L. Neighbors, et al. 05/12/1998
Summarily affirmed
3012972 William L. Casper v Commercial Interior, et al 05/12/1998
Summarily affirmed
0184973 Demiano D. Tinsley, s/k/a Demanio D. Tinsley v CW 05/05/1998
No TC err:bullet jacket found in body of victim properly admitted
0219972 Michael Lamont Mason v Commonwealth of Virginia 05/05/1998
No TC error: evid. not unlawfully seized/police had reason.susp.
0506974 Amy Jo Clark Etter v Craig Alan Etter 05/05/1998
No TC error re: chg in circum. re: sole custody & child support
0590973 Clarence Willis Myers v Commonwealth of Virginia 05/05/1998
Evid.proved elem.of offense byd reas.doubt app.knew was hab.offen
0645972 Stevenson Lee Shifflett v Commonwealth of Virginia 05/05/1998
No TC error re: Stat & Const. right to speedy trial not violated
0830973 Terry Wayne Jones v Commonwealth of Virginia 05/05/1998
Evid.suff.to convict for poss. of cocaine w/intent to distribute
1244972 Henry Edward Gardner v Commonwealth of Virginia 05/05/1998
No TC err:evid.suff.to supp.conv.for poss.of weapon while inmate
1569972 Emily Regina Bentley v Commonwealth of Virginia 05/05/1998
Evid.suff.perish.merch val.more than $200/retail value used O.K.
1809973 Armstrong Furniture Div., et al. v Charles Maxwell 05/05/1998
No WCC error re: evid. to support injury by accident
2148964 Simon Philip Pound v Town of Front Royal 05/05/1998
No TC err:denial of mtn to dis.re: council had not enacted ordin.
2149964 Arnold Karl Zinnecker v Town of Front Royal 05/05/1998
No TC err: denial of mtn to dis.re: council hadn't enacted ordin.
2189974 Laura B. Carver v Donald Lee Carver, Jr. 05/05/1998
No TC error re: reimbursement of child support
2486973 Carl R. Crawford v Virginia Retirement System 05/05/1998
No TC err: VRS not bound by VWCC ruling/subst.evid. to supp.VRS
2525964 Thomas Terrance Daly, s/k/a Thomas Daley v CW 05/05/1998
No TC err:not able to present evid.before jury conv.of less.off.
2857972 GT Construction Co., et al. v Jerry L. Morris 05/05/1998
Summarily affirmed
0131973 Roy T. Hutchison v Commonwealth of Virginia 04/28/1998
No TC err:admit victim's hearsay stmts under recent complaint exc
0687974 Antonio D. Martinez v Commonwealth of Virginia 04/28/1998
CW didn't fail to prove def.had actual know.of habit.off.status
0905971 Timothy Wayne Starnes v Commonwealth of Virginia 04/28/1998
No TC error re:evid.suff.to con./didn't postpone sent.post-appeal
1137973 Ezell Toronto Greene, s/k/a Ezell T. Green v CW 04/28/1998
No TC error re: robbery conviction/motion for bail denied
1441974 Leslie Warren Nichols v Lorinda K. Nichols (Bosch) 04/28/1998
No TC err:impute income to wife/child supp.guidelines/chgd circum
1491974 Margaret Pingley Arbuckle v Ezra Earl Arbuckle 04/28/1998
No TC error re: decree of TC properly adapted equit.dist.decree
1572974 Della Sue Markwell v American Conven., Inc., et al 04/28/1998
No WCC err:no comp.inj.after 1/20/95/Emp.not req.to pay coun.serv
2070974 Marc A. Pederson v Pamela L. Pederson 04/28/1998
No TC error re: denial of petition for modify child support
2072973 William H. Leighty, Director & VRS v Jane Munsey 04/28/1998
TC error re: denial of disability retirement benefits
2222973 Jerry L. Gentry v Faye J. Campbell 04/28/1998
Summarily affirmed
2285974 Lee Alexander Stevenson v Cheryl Ann Stevenson 04/28/1998
Summarily affirmed
2421974 Deborah C. Thomas v John R. Thomas 04/28/1998
No TC err:j.cust/no order re:father's consum.alcohol while w/kids
2510974 Chaya Kundra v Bobby Makheja, Malka Makheja, et al 04/28/1998
Summarily affirmed
2525972 Marshall W. Woodward, II v Loretta Mae Woodward 04/28/1998
Summarily affirmed
2588974 Hilario Mercado, Jr. v Hary L. Aymond-Gonzales,aka 04/28/1998
Summarily affirmed
2814974 Marriott Corporation v Judith D. Connell 04/28/1998
Summarily affirmed
0559972 Sean A. Jerrells v Commonwealth of Virginia 04/21/1998
TC error re: deny. mtn to supp. obtained in illegal stop of car
0983974 Ray Lynn Knott v Bonnie Lou Painter (Knott) 04/21/1998
TC had authority to enforce provision of prop. agmt by contempt
1387974 Charles A. Hitchcock, s/k/a, et al. v Commonwealth 04/21/1998
No TC error: disclosure.excul.evid/evid.fail.to appear/evid.suff
1601972 Richard W. Durrer v Commonwealth of Virginia 04/21/1998
No TC err:exclud.evid.re:conduct of CW's witness after app.arrest
2122974 Paul E. Williams v Lucille I. Williams 04/21/1998
Summarily affirmed
2276974 Kamal Datt v Alexandria Division of Social Svcs. 04/21/1998
Summarily affirmed
2388974 Courtney Wood v Harry Wood 04/21/1998
No TC err: reduction of obligations for spousal & child support
2413974 Vijay Datt v Alexandria Division of Social Svcs 04/21/1998
Summarily affirmed
2813974 Meineke Discount Mufflers & Brakes,et al. v Dankel 04/21/1998
Summarily affirmed
1086971 Scott Windfield Rogers v Commonwealth of Virginia 04/14/1998
TC err:ref.to grant continuance after CW's req.to nolle prosequi
1489974 Daniel Scott Bescher v Commonwealth of Virginia 04/14/1998
No TC error re: tc did not lack jurisdiction to hear case
1739972 Laura C. Panner v Benjamin D. Sillmon 04/14/1998
No TC error re: granting motion to transfer phys. cust. to father
1999971 Alonza B. McKeel, Jr. v Rosalie Brown McKeel 04/14/1998
TC error re: wife's $75,000 monetary award/case remanded
2283973 Steven Edward Mitchell v Elizabeth J.T. Mitchell 04/14/1998
Summarily affirmed
2445972 Robert C. Lightburn v Sheila Jones Lightburn 04/14/1998
No TC error re: equitable distr./spousal support/attorney fees.
2468973 MW Manufacturer's Inc., et al. v Henry B. Dowdy 04/14/1998
Summarily affirmed
2479974 Carolyn V. Freeman v Fairfax County School Board 04/14/1998
Summarily affirmed
2575973 Donna J. Petty v Waytec Electronics Corp., et al. 04/14/1998
Summarily affirme
2651974 Mt Vernon Hospital, et al. v Brenda A. Whatman 04/14/1998
Summarily affirmed
2714973 Glenda D. Clendenin v Mountain Empire, et al. 04/14/1998
Summarily affirmed
2806973 John C. Harriger v. Pepsi-Cola Gen.Bottlers, et al 04/14/1998
Summarily affirmed
0078972 Dennis R. Barker, s/k/a Dennis R. Barker, Jr. v CW 04/07/1998
No TC error:mtn to supp denied;Investi.didn't re-read Miranda rgt
0152972 Troy Alan Simmons v Commonwealth of Virginia 04/07/1998
No TC error: admit.evid.of prior bad acts and stmt made at hosp
0962971 Leon Anthony Wilson v Commonwealth of Virginia 04/07/1998
No TC error re: conv.for poss. of f/a by convicted felon stands
1282971 Brian Keith Cooper v Commonwealth of Virginia 04/07/1998
No TC error:intro.of prior misd.conv.for sex.assault for impeach
1502971 Kevin Stanley Painter v Commonwealth of Virginia 04/07/1998
No TC error re: jury was properly instructed on credibility issue
2931962 Robert Dewey Knott v Commonwealth of Virginia 04/07/1998
TC error re:evidence insufficient to prove voluntary manslaughter
1304974 Fairfax County Department of Family Serv. v Neidig 03/31/1998
No TC error:evid.insuff.to support finding of child abuse & negl.
1570974 William Stewart v Alice Despart, f/k/a A. Stewart 03/31/1998
No TC error:valu.of busi/equit.dist./no chg in circum re:custody
1704971 Lloyd R. Green s/k/a Lloyd Ricardo Green v CW 03/31/1998
No TC error re:revoked part of susp. sent. for viol.terms of susp
1917971 Douglas A. Perry, Sr. v Doris E. Perry 03/31/1998
No TC error: awarding spousal support & attorney's fees to wife
2593972 Buffalo Shook Company, Inc., et al. v Pryor, Sr. 03/31/1998
Summarily affirmed
2786971 Baker Roofing Company, et al. v Larry Mason 03/31/1998
No WCC err:employer failed to prove clmt released to pre-inj work
0268974 Bronson Ford Byrd v Renate Messer Byrd 03/24/1998
No TC error re: dismissing mtn to dismiss for no jurisdiction
0554973 Matthew Dean Wyatt v Commonwealth of Virginia 03/24/1998
Evid. suff. to prove byd reas.doubt app.conduct viol.Code 18.2-83
0629974 Ralph Fowler, a/k/a Ralph Mann, et al. v CW 03/24/1998
No TC error re: evid. suff. to convict for attempted murder & F/A
0820972 Richard Kenneth Wheeler v Faye Pond Wheeler 03/24/1998
No TC err:atty's fees/TC err:sp.sup/Remand:sp.supp&add'l atty fee
0972971 Darrell A. Smith v Commonwealth of Virginia 03/24/1998
No TC err:refusing to permit cross-ex of CW witness for poss bias
1398971 Horace Andrew Jones, Jr. v Commonwealth 03/24/1998
Evidence sufficient to convict for possession of cocaine
2014973 Karen Renee Tucker v James Carl Tucker 03/24/1998
No TC error re: juris. after case trans to JD&R ct/custody
2149973 Teresa J. Chittum v Gary L. Chittum 03/24/1998
No object.in trial for mtn to strike/chg custody/pref/Rule5:18
2435964 Bronson Ford Byrd v Renate Messer Byrd 03/24/1998
No TC error re: spousal support/attorney's fees for appellee
2439971 Riverside Regional Medical Ctr, et al. v Tyree 03/24/1998
No WCC err:inj.by acc.on 5/23/exclud.exp.witness/clmt prov'd inj
2111973 Commonwealth of Virginia v Ronald M. Pacheco 03/19/1998
TC error re: suppressed evid. of appellee's drug possession
0089973 Linda Darline Keene v Commonwealth of Virginia 03/17/1998
No TC error: hearsay stmts not admis.under excep.to hearsay rule
0721974 Kenneth R. Fox v Wendy R. Fox 03/17/1998
No err:duepro/prop.ser/ch.sup/sp.sup/visit/nonpart/fees/bail/recu
0731972 Arthur Rucker v City of Richmond 03/17/1998
No TC error re: no violation of U.S. 5th Amend (double jeopardy)
1094974 Kenneth R. Fox v Wendy R. Fox 03/17/1998
No err:duepro/pro.serv/ch.sup/sp.sup/visit/nonpart/fees/bail/recu
1340973 Ruth L. Gentry v. Harrisongurg-Rockingham S.S., et 03/17/1998
Summarily affirmed
1247972 Renee Agard v Anthony L. Thompson, a Minor, et al. 03/10/1998
No TC error re: refusal of circuit ct. sever parental rights
1463973 Royal Andrew Bandy v Buchanan Co. Dept. Soc. Ser. 03/10/1998
Summarily affirmed
1467974 S.W. Rodgers Co., Inc. and Valiant Ins. v Settle 03/10/1998
No WCC err:Comm.ruling not based on Code Sec.65.2-510/ref.sel.emp
2174974 Eric L. Byrom v Betty Jean Layne-Byrom 03/10/1998
Summarily affirmed
2236972 Lula May Williams Hall v Ronald Haywood Hall 03/10/1998
Summarily affirmed
2337974 Elaine Asanakis v Ice Follies & Holiday On Ice, et 03/10/1998
Summarily affirmed
2475972 Heritage Electrical Corp et al. v Chris. Laine 03/10/1998
Summarily affirmed
0118972 Della Small Wilson v Commonwealth of Virginia 03/03/1998
No TC error re: evid. suff.to convict for attempted capital murd.
0418972 Gerald McGhee v Commonwealth of Virginia 03/03/1998
No TC error: denying mtn to supp/unlawfully seized/invol.consent
0938972 Irene Cooper Silcox v Morris Philip Silcox 03/03/1998
No TC error: equit. distr. & attorney fees/TC error: spousal supp
1358972 Gary M. Zientek v Francine Y. Zientek 03/03/1998
No TC error re: reduction of child support
1426972 Dorothy M. Moses v William J. Moses 03/03/1998
No TC error re:interest in realty not gift/prosp.div.of prom.note
1593974 Patricia A. Smith v Walter H. Warme, Jr. 03/03/1998
No TC err:class.,valu.& dist.marital prop./Remand:sp.sup/mar.prop
1665971 Commonwealth of Virginia, et al. v Asphalt Roads, 03/03/1998
TC err:award bkfill/undercut/delay/admt blue bk/No TC err: overhd
2676962 Walter E. Patterson, Jr. v CW 03/03/1998
No TC error:admitting crim.complaint & allowing CW to refer to it
2720962 Tony Curtis Ingram, Sr. v Commonwealth of Virginia 03/03/1998
No TC error re: evidence suff. to prove guilt beyond reas.doubt
0453972 Jermaine Shored Davis v Commonwealth of Virginia 02/24/1998
Evidence sufficient to identify appellant as robber of a bank
0519972 Anthony Earl Shored Davis v CW 02/24/1998
Evidence sufficient to identify appellant as a robber of bank
0650971 Michael Jerome Faltz v Commonwealth of Virginia 02/24/1998
No TC error:CW proved defendant's intox. caused passenger's death
0672973 Gary W. Wright, s/k/a Gary Walter Wright v CW 02/24/1998
Evid.suff.to I.D. def.as person who broke into and entered dwell.
0736971 Meri Dell Sharbutt-Ridge v James Joseph Ridge 02/24/1998
TC err:computat.of wife's prop. int/No TC err:tax lia & atty fees
0750971 Felicia Creque v Commonwealth of Virginia 02/24/1998
TC's den.of mtn to supp.proper/when def.seized/rea.susp/5&14 Amen
0770972 Robert Eugene Lee v Commonwealth of Virginia 02/24/1998
TC err:evid.insuf.to conv.for obt'ng money by fals.pret.w/intent.
0870971 James Joseph Ridge v Meri Dell Sharbutt-Ridge 02/24/1998
No TC error re: awarding of attorney's fees
0898974 C. William Stipe, III v Jean McClung Stipe 02/24/1998
Summarily affirmed
0986971 Karen Dee Allen v William Dale Allen 02/24/1998
No TC error: refused to classify certain monies as marital prop.
1465972 Retreat Hospital and Continental Ins. v Hammersley 02/24/1998
No WCC error: cont.disab.rel'd to injury by acc/mark.resid.cap OK
1545974 Shirley Contracting Corporation v Garland Dunkley 02/24/1998
No WCC err:cre.evid.clmt totally disabled/ref.of select.employ ok
1610973 Tultex Corporation v Veola G. Brown 02/24/1998
No WCC err:empl'r failed to prove cont.disa.not rel.to inj.by acc
1881962 Robert Wesley Deans, Jr. v CW 02/24/1998
Evi.insuf.to sust.conv.byd reas.doubt for poss.of mari.in Co.jail
2096971 Regina Roberts v Chad Haiar 02/24/1998
TC held law firm in sum.civ.contempt--viol.ct.order/fine excessiv
2740962 Troy Lee Atkins, Jr. v Commonwealth of Virginia 02/24/1998
No TC err:allowing wit.to test.after wit.vio.order not to disc/IE
0675974 Carrie Clarke Colley v Commonwealth of Virginia 02/17/1998
No TC error:admit.evid(busi.records found.)/evid. suffi.to conv.
1616961 Frederick B. Smallwood, et al. v CW 02/17/1998
TC err:allowed CW expos.jury to hearsay/ref'd def.wit.rel.to evid
1653974 The Washington Post v Richard E. Bush 02/17/1998
No WCC error re:inj.by accident/reversing credibility deter.of DC
1918974 Renata Maryann Naydock Bibb v Richard Eugene Bibb 02/17/1998
Summarily affirmed
2921961 Robert V. Gallup v City of Suffolk 02/17/1998
No TC err:ordin.(Sec.18-11.1)not uncons./deni.def.stand 5&14 Amen
3139961 Darrel Hicks, s/k/a Darrell Alsaah Hicks v CW 02/17/1998
No err:refu'd Acc-aft-the-fact rob.& p.larceny jury inst/suf.evi.
0042971 Emmitt Smith v Commonwealth of Virginia 02/10/1998
No TC error re: evid.seized from residence was admissible/4th Amd
0521971 Keith A. Robinson, s/k/a Keith Andre Robinson v CW 02/10/1998
No TC error re: denying mtn to suppress crack found in appt. car
0976972 Christopher Newell Lee v Commonwealth of Virginia 02/10/1998
Evid. suff. to prove appl't construct. poss. cocaine/See 8.01-680
1004972 Malcolm A. Agnew v Baker Roofing Co. and VEC 02/10/1998
Summarily affirmed
1354974 Super Fresh Food Markets, Inc., et al. v Wortman 02/10/1998
WCC error: absence of credible evidence accident rose out of emp.
1847972 Help Welding and Mech. Corp. et al. v Larry Chitty 02/10/1998
Summarily affirmed
1892974 Barbara K. Parks, n/k/a B.M. Kundrat v Carl Parks 02/10/1998
TC's auth.to order child supp.limited to amt.provided in sep.agr
2584961 Jonathan Antonio Williams v Commonwealth of VA 02/10/1998
Evid. insuff.to prove convicted felon guilty of poss. of firearm
2689964 Tyrone James Wiggins v Commonwealth of Virginia 02/10/1998
TC failure to instruct jury harmless/other contentions meritless
2737962 Bruce Randall Allen, s/k/a Bruce Randle Allen v CW 02/10/1998
No TC err:TC refu.to req.CW to discl.stmts/dny.mtn to disqu.CW At
0388971 Gloria A. Northcraft DeWald v Andrew Andrew Dewald 02/03/1998
Case remanded for proper class.& val.of property/Code 20-107.1
0584974 Paul E. Allen v Commonwealth of Virginia 02/03/1998
No TC error: instructing jury on burden of proof for self-def.clm
0614973 Norma Jean Armistead v William P. Armistead 02/03/1998
No TC err:grant divorce(adultery)/value of mari.est./spousal supp
0676971 John Ange, Sandra Ange, et al. v Chesapeake DHS 02/03/1998
Summarily affirmed
0714971 Ronald Riddick, s/k/a Ronald J. Riddick v CW 02/03/1998
Evidence sufficient to support conviction for conceal. of goods
0903974 Terry R. Rychlik v Jeanette Riffe 02/03/1998
No TC error:cont.mom's cust & restricting father's pres.of proof
1266974 Herbert Wilmer Walker v Sharon Ann Walker May 02/03/1998
Summarily affirmed
1783972 Philip Morris USA, et al. v Vickie Lawson 02/03/1998
Credible evidence in record supports commission's award of benef.
2059973 Philip A. Cartwright v City of Covington, et al. 02/03/1998
Summarily affirmed
2108974 Jose Maria Dejesus Ventura v Dittmar Company, etal 02/03/1998
NO WCC err:return to pre-injury employ/not entitled to chg of dr.
2621961 Eugene Valentino Smalls v Commonwealth of Virginia 02/03/1998
No TC error re: failed to desig.any discrep.in trans/no cau.instr
2686962 Ronald H. Moorefield, Sr. v CW 02/03/1998
No TC error: TC admitting evid. from common areas and sons' rooms
2792962 Sean Roderic Bell v Commonwealth of Virginia 02/03/1998
No TC error: search and seizure reasonable under Fourth Amend.
3060964 Chris Gary Peters v Commonwealth of Virginia 02/03/1998
No TC err:denial of mtn to disclose surveil.loc/suff.evid to con.
0128971 Christopher Francis Flowers, s/k/a v CW 01/27/1998
TC error re: insuff.evid. to prove app't possessd FA as charged
0187971 Henry Martin McClary v Commonwealth of Virginia 01/27/1998
TC error:CW's evid.insuff.to prove appell't possessed stolen prop
0218973 Judy Powell Greene v Terry Lee Powell 01/27/1998
No TC error re: susp. of spou.supp.because wife cohab.w/boyfriend
0739973 Edward L. Mahler v Elaine P. Mahler 01/27/1998
Summarily affirmed
1066974 Willard Morris v Joanne Lynne Nagy Morris 01/27/1998
TC err:used Code 20-107.3(e)equit.dist.stat.factor/marital assets
1084973 Morgan and Morgan Const., et al. v Jennings Conley 01/27/1998
No WCC error re: sufficient evidence to support award
1214972 Charlotte D. Meadows v Virginia Retirement System 01/27/1998
No TC error: record contains subst.& adeq.evid. to supp. decision
1533974 Douglas S. Jordan v Mary Elmore Jordan 01/27/1998
No TC error re: proper amount for spousal support
1538963 Greeley Milburn Ball, Jr. v CW 01/27/1998
No TC error re:evidence sufficient to convict appellant (robbery)
1685973 Betty J. Davis v VEC and Pittsylvania Co.School Bd 01/27/1998
Summarily affirmed
1808973 Joseph Luther Slemp v Tray Coal Processors, et al 01/27/1998
Summarily affirmed
2202963 Thomas Leroy Lipscomb v Commonwealth of Virginia 01/27/1998
No TC error re: allowing jury to rehear audiotape of drug sale
3050961 Anthony James Dockery v Commonwealth of Virginia 01/27/1998
No TC error:chain of cust/TC error:insuff.evid. of poss.of marji.
0071974 Michael E. Preston v Mary Elizabeth Preston 01/20/1998
No TC error: time of sep/spousal supp/costs & fees/awd sanctions
0175974 Michael E. Preston v Mary Elizabeth Preston 01/20/1998
No TC error re: refusing to impute income to husband at trial tim
1102962 John Madison, s/k/a John Bradley Madison v CW 01/20/1998
TC erred re: prosecutions violate Code Sec 19.2-243 (speedy trial
1281974 Fannie E. Green and James R. Green v Steven Morgan 01/20/1998
Summarily affirmed
1596962 Carlton A. Vaughan, III v Commonwealth of Virginia 01/20/1998
TC erred re: prosecutions violate Code Sec. 19.2-243/speedy trial
2265964 William Alan Presley v Commonwealth of Virginia 01/20/1998
TC error: insufficient evidence to convict for vol. manslaughter
2855964 Bruce A. McKechnie v Karen MacConnell McKechnie 01/20/1998
No TC error:several cust.issues/Error:use of "mom"/visit/pos.att.
2872961 Jennifer L. Blake, s/k/a Jennifer Lynn Blake v CW 01/20/1998
No TC error re: traffic summ.was writing instrum.per Sec.18.2-168
0060973 Michael Kelly Puckett v Commonwealth of Virginia 01/13/1998
No TC err:suff.evid.to con.for fraud.removing prop.subject tolien
0288973 Michael Orville Richardson v Commonwealth 01/13/1998
Sufficient evidence to support convict. for possession of cocaine
0368973 Glenn Edward Wisdom v Faith Wisdom (Hyler) 01/13/1998
No TC error re: QDRO not sub.change & TC interp.supp.by law&fact
0705971 Alfred Wilson, s/k/a Alfred A. Wilson v CW 01/13/1998
Appellant didn't timely make req'd object. or motion/Rule 5A:18
1175973 Wellmore Coal Corporation, et al. v Williamson 01/13/1998
No WCC err: suf.evi.prov'g chg con.attri.to acci/empr.res.med.exp
1302974 Giodan, Inc., et al. v Mercedes Mendez 01/13/1998
No WCC error re:clmt's back inj.caus.related to compen.knee inj.
2195972 Abell Industries and Wood Products,et al. v Loftis 01/13/1998
No WCC err:Emplr didn't prove duties req'd of new emp.w/in wk cap
2704963 Ernie C. Williams, Jr. v Commonwealth of Virginia 01/13/1998
No TC error re: admitting evidence
2827963 Vanessa Hughes v Commonwealth of Virginia 01/13/1998
CW didn't fail to prove corpus delicti of crime/met burd.of proof
2831963 Marion Swann, s/k/a Marion Anthony Swann v CW 01/13/1998
No TC err:no accpt self-def.plea/fail to appear: visit sick bro.
2910963 James Edward Irvine, s/k/a James Irvine, Sr. v CW 01/13/1998
Evidence sufficient to prove TC's finding def. acted w/malice
3019964 Randy Pressley, s/k/a Randy Nicholas Pressley v CW 01/13/1998
No TC error: believing it lacked discretion to sentence as juven.
1785961 Star News, Inc. v Commonwealth of Virginia 01/06/1998
No TCerr:convs.2nd&sub.off&18.2-374 doesnt contra.Const.Art1Sec12
1608964 Hep Bui v Commonwealth of Virginia 12/30/1997
No TC err:allow prose.to present rebut.evid.to impeach alibi wit.
1776964 Emmitt Laron Taylor v Commonwealth of Virginia 12/30/1997
TC erred re: excluding information from jury's purview
2572962 James Hall v Commonwealth of Virginia 12/30/1997
Evid.suff.to prove malicious intent to maim, disfigure or kill
0025973 John Arthur Yiaadey v Commonwealth of Virginia 12/23/1997
Evid.suff. to prove appellant constructively possessed cocaine
0068972 Charles Nathaniel Ross v Commonwealth of Virginia 12/23/1997
No TC err re:jury instr.re:malice and didn't present dou-jeo cont
0580974 Brown & Root, Inc., et al. v Luther H. Richards 12/23/1997
No WC err re:temp.tot.dis.frm 1/95-pres//WCC err re: mkt.wrk.cap.
0947973 Jerry F. Hunter v Virginia Employment Commission 12/23/1997
No TC err re:suff. evidence to prove clmt disch'd for misconduct
1104973 Buchanan County Board of Supervisors v Ray Bostic 12/23/1997
No WCC error:clmt's disab.causually related to accident at work
1218973 City of Roanoke v Johnny G. Guilliams 12/23/1997
WCC erred when awarded perm.par.benefits
1238973 Family Health Care Associates, et al. v Perkins 12/23/1997
No WC err re:shlr.inj.rel'd to work acc./perm.part.ben/max.med.be
1290973 Perkins v Family Health Care Associates, et al. 12/23/1997
No WCC error re: evid.suff./clmt able to rtn to pre-injury duties
1303973 John Wade Dulcie v G & A Coal Company, et al. 12/23/1997
WCC error re:clmt provd recent tear caus.rel.to previous comp.inj
1706972 James W. Peach, Jr. v Talley Sign Company, et al. 12/23/1997
Summarily affirmed
1877972 Thomas R. Brandon, Jr. City of Richmond Fire Dept. 12/23/1997
Summarily affirmed
2037972 ARC Electric, Inc., et al. v James A. Godwin, Jr. 12/23/1997
Summarily affirmed
2482962 Robert Earl Chalmers v Commonwealth of Virginia 12/23/1997
Evid.suff.proved bynd reason.doubt mat.seized more than 5lb marij
2773963 Deborah Lillian White v Commonwealth of Virginia 12/23/1997
Evidence sufficient to prove counts of malicious wounding
2777963 D. J. Cooper v Commonwealth of Virginia 12/23/1997
No TC error re: dnd mtn to dis/insuff.evid/admittd evid.
0782972 Edwin Eugene Gelletly v Elana H. Gelletly 12/16/1997
Summarily affirmed
0873973 Hardee's of Amherst, et al. v Nancy J. Johnson 12/16/1997
No suff.causal connection between clmt's wk environment & injury
1107971 Stephen Elwood Gilman, II v Nicole Yvette Walton 12/16/1997
Summarily affirmed
1667974 Virginia Power v Tim B. Brueser 12/16/1997
Summarily affirmed
2474962 Michael Taylor, s/k/a Michael W. Taylor v CW 12/16/1997
Insuff.evid.to prove beyond Reas.Dbt.intent to take prop.of anoth
2783963 Jerry Lynn Gibson v Commonwealth of Virginia 12/16/1997
Evid.suff.to support def't acted w/intent to maim,disfig. or kill
2951963 Barry Samuel Camden v Commonwealth of Virginia 12/16/1997
Insuff.evid.to prove intent to steal and value of prop.less $200
0555972 Stepforn Dailey v Commonwealth of Virginia 12/09/1997
Evi.suff.to con.for B/E w/int to murder,rape or rob/was rea.doubt
1065971 Kenneth E. Cobb v Shaw Paint & Wall, et al. 12/09/1997
Summarily affirmed
1394972 Home Entertainment Video, et al. v Karen L. Toombs 12/09/1997
No WCC error re:clmnt's injury causally related to comp.accident
1406974 Lynda L. Galligan v William P. Galligan 12/09/1997
Summarily affirmed
1496964 Joshua Mark Testa v Commonwealth of Virginia 12/09/1997
No TC error re: CW not failed to ID appellant/evidence sufficient
1568972 William L. Adair v Bunyon First Products, et al. 12/09/1997
Summarily affirmed
1571974 Anita A. Miller v Fairfax Co. School Board 12/09/1997
Summarily affirmed
1756974 Wampler-Longacre, Inc., et al. v Kathy L. Custer 12/09/1997
Summarily affirmed
1779971 Crowder Construction, et al v Wayne E. Ellis 12/09/1997
Summarily affirmed
2489963 Danny Ricardo Jones v Commonwealth of Virginia 12/09/1997
Insuff.evid.to supp.conv.for use of F/A in comm.of mrdr/no malice
2528963 Jeffrey Scott Wright v Commonwealth of Virginia 12/09/1997
No TC error re:deny'g mtn to sup LSD b/c offcr beyond terri.juris
2532961 Eugene Lloyd Spruill, Jr. v CW 12/09/1997
TC err-in o'ruling Batson challenge to two CWs peremptory strikes
2559964 Isaac Amaya-Portillo, s/k/a v CW 12/09/1997
No TC error re: admitting certificate of blood analysis
2970963 Roger Kyle Davis, s/k/a Roger Kyle Davis, Sr. v CW 12/09/1997
No TC err:strikes frm jury no vio Equal Pro/jury inst.re flt evid
0195974 Anthony A. Sanchez v Melanie Sanchez 11/25/1997
TC abused discretion in awarding wife's attorney fees to
0293972 Terrell R. Mayo v Commonwealth of Virginia 11/25/1997
Insufficient evidence to support statutory burglary conviction
0623974 Susan Deskin v Clarke Co. DSS and Daniel Deskin 11/25/1997
Evidence sufficient to support TC's determination child neglected
0683974 Gates Hudson & Assoc., Inc., et al v Maria Diaz 11/25/1997
No WCC error re:finding claim'ts injury arose in course of employ
1069972 Bagby Electric of VA, et al. v William B. Clark 11/25/1997
No WCC error re: appellant adequately marketed residual work cap.
1471974 Commonwealth of Virginia v Sharon McIntyre 11/25/1997
TC erred:fdg no prob cause for warr&ref.to apply good faith exept
1523971 Commonwealth of Virginia v Larry S. Baumgardner 11/25/1997
TC erred when granted mtn to supp evid. after warrantless entry
1780964 Jimmie McAurther Wright v Commonwealth of Virginia 11/25/1997
Insufficient evidence to convict for poss of cocaine w/intent
2802964 Robert Eugene Hughes, III v CW 11/25/1997
TC erred when admitted into evidence cert.blood alcohol analysis
2883964 Ronald Walter Wachtler v Commonwealth of Virginia 11/25/1997
No TC error re: allowed witness to comment appellant had drug pro
2994961 William Henry Davis v Commonwealth of Virginia 11/25/1997
No TC error re: evid.suff. to convict for possession of cocaine
3194961 Johnny Lundy v Commonwealth of Virginia 11/25/1997
No TC error re: allowing doc. into evidence/evidence sufficient
0514971 David J. Senechal v. Carol F. Senechal 11/18/1997
TC erred re:mod.spousal supp.contrary to prov. of agrm't & decree
0530971 Dog Face Management, et al. v William T. Usher 11/18/1997
No WCC error re: finding clmnt was employee not indep.contractor
1024971 Chapman Lumber Company, et al. v Gregory Greene 11/18/1997
No WCC err re:clmt ent'led to bene.from 4/95/remanded re: reports
1034971 Virginia Commonwealth University v Gail H. Blowe 11/18/1997
No WCC err re:clmt's psych.probs. a comp.conseq.of earlier injury
1125971 Samuel Bunyan Davis, Jr. v Louise Barclay Davis 11/18/1997
Summarily affirmed
1386973 Patricia D. Hutton v Sterling Casket Hardware, et. 11/18/1997
Summarily affirmed
1598974 Safeway Stores, Inc. v Tammie Danise Rule 11/18/1997
No WCC error re: finding Rule not released to rtn to p'injury wrk
1603973 Heyward J. Tumlin v Goodyear Tire & Rubber Co.etal 11/18/1997
Summarily affirmed
1924964 Adonis G. Hicks v Commonwealth of Virginia 11/18/1997
No TC err re:suff.evid.to prove aware of pres.cocaine/jury quest.
2293964 Rebecca Braddock v Fairfax Co. Dpt. of Family Svcs 11/18/1997
Summarily affirmed
2601964 Anthony Wells v Cynthia North Wells 11/18/1997
No TC error re: equitable distribution and spousal support awards
3084961 Danyel Brown, s/k/a Danyel Olandiz Brown v CW 11/18/1997
NoTC err re:eachof felonies comm'd by def.are sep.vio.of18.2-53.1
0711972 Anita Seidl v Depmt. of Soc. Services, Henrico Co. 11/10/1997
Summarily affirmed
1111973 Virginia Joyce Miller Smith v Randolph McD. Smith 11/10/1997
Summarily affirmed
1121974 Gerald James Miatech, Jr. v Mary Jean Miatech 11/10/1997
Summarily affirmed
1237972 Karen L. Vanwinkle v VA Employment Comm & Ammar's 11/10/1997
Summarily affirmed
1345974 Michael S. Lumb v McLane Foods, Inc., et al. 11/10/1997
Summarily affirmed
1388971 Robert William Fitzhugh v Gloria Dupree 11/10/1997
Summarily affirmed
1410972 A & K Service Corp., et al. v Robert D. VanDyke 11/10/1997
Summarily affirmed
1411972 Hardees of Charlottesville #3, et al. v Crawford 11/10/1997
Summarily affirmed
2925961 William Anthony Grant v Commonwealth of Virginia 11/10/1997
No TC error re: refus'g to supp.evid/fnd suffic't evid.to convict
0036962 Leonard Shelton Jackson v Commonwealth of Virginia 11/04/1997
No TC error re:Evidence not illegally seized/declin'd mtn to supp
0761972 Colonnades Marriott, et al. v. Princess E. Durden 11/04/1997
No WCC error re:amend wkly wage/cont'g disb'ty re'd to orig.inj.
0808972 Evelyn Christian Brydon v Robert Carter Brydon 11/04/1997
TC erred in terminating husband's obligation to pay spousal supp.
1975961 Charles Lee Britt, Jr. v Commonwealth of Virginia 11/04/1997
Evidence insuff.to support con.of poss of cocaine w/intent to dis
2142964 Jason Robert Murray v Commonwealth of Virginia 11/04/1997
No TC error in admitting certificate of breath alcohol analysis
2340962 Walter E. Patterson, Jr. v CW 11/04/1997
Insuff.evi.to convict for dist.imi.control.sub.(Code18.2-248(G))
2636962 Jesse Wilson v Commonwealth of Virginia 11/04/1997
Evidence insuff to convict under Code Sec 18.2-67.4/remanded
2731962 Norris Edward Stanley v Commonwealth of Virginia 11/04/1997
No TC err:counsel didn't chall.suff'cy of evi. at trial(Rule5:18)
2734962 Dwayne Ronald Harley v Commonwealth of Virginia 11/04/1997
No abuse of discretion re: resentencing
2896962 Sherman Jones v Commonwealth of Virginia 11/04/1997
Evid.suff to convict for petit larceny/viol. of Code S 18.2-103
0192974 Santo Sheffey-Bey v Arlington Dept of Human Serv. 10/28/1997
No TC error: Ftr.failed to subst'ly remedy cond.led to fostercare
1312961 Toby Stephens, s/k/a Toby Dane Stephens v CW 10/28/1997
No TC error in denying post-sentence mtn to W/D guilty pleas
1313961 Toby Stephens, s/k/a Toby Dane Stephens v CW 10/28/1997
No TC error in denying post-sentence mtn to W/D guilty pleas
1910963 Carl Anthony McKenley v Commonwealth of Virginia 10/28/1997
No TC error re: improp.jury inst./insuff.evid./verdict form inval
2369962 Dontae Renee Holton v Commonwealth of Virginia 10/28/1997
Evid. suff. to convict for att. capital murder and use of firearm
2423962 Clarence Williams, Jr. v Commonwealth of Virginia 10/28/1997
No TC error re:den'd mot.for cont/den'd mot.for m'trl/OR jury ins
2437963 Charles R. Carpenter v Judy Ann Smith Carpenter 10/28/1997
TC judg't af'd re:restore mar'l funds/remand TC:wife's attys fees
2527961 Don Ray Hudgins v Karen C. Hudgins 10/28/1997
No TC error in determ'g:support/arrearage/pymt master fees&costs
3214961 Luther Earl Bracey, s/k/a Luther Bracy v CW 10/28/1997
Evi.suff. beyond rsn'able doubt Bracey poss'ed sawed-off shotgun
0096974 ITT Teves Automotive, et al. v Lorraine H. Johnson 10/21/1997
No WCC error in awarding claimant temporary total incapacity bene
1280973 Commonwealth of Virginia v James Anthony Younger 10/21/1997
TC erred in granting Younger's motion to suppress
1420973 Community Health Care, et al. v Cordelia Hannah 10/21/1997
No WCC error in denying employer's application re: change in cond
1482974 Magic Pan Int'l and Vigilant Ins. v. D. Robertson 10/21/1997
No WCC error: emp. resp. for med treat.at hosp/diagnostic testing
1578961 Jerome M. Gore, s/k/a Jerome Maurice Gore v CW 10/21/1997
TC erred by overruling object. to CW removing black venirepersons
0055973 ABB Paint Finishing and Birmingham Fire v Henley 10/14/1997
No WCC error in finding claimant made reason. eff. to market cap.
0906971 Commonwealth of Virginia v Tony Maurice Davis 10/14/1997
TC erred in granting motion to suppress/Code Section 19.2-398
1087974 Stratford and Monticello Square Apts et al v Sharp 10/14/1997
Summarily affirmed
1260974 Carmel Green Houses, et al. v Mohammad Hammoudeh 10/14/1997
Correction to page 1, paragraph 1 - pre-injury should be post-inj
2053963 Terry O. Rollins v Commonwealth 10/14/1997
No TC error admit.into evid.sexually explicit items found in home
2166963 Larry Dean Blackburn v Commonwealth 10/14/1997
TC violated statutory right to speedy trial per Code Sec 19.2-243
2804962 Wanda Kaye Turner v Commonwealth 10/14/1997
TC erred in denying mtn to strike evid./CW failed to prove venue
0511974 Raphael Jeu v Hyatt Regency Reston, Wausau Ins. 10/07/1997
Summarily affirmed
0791972 Ronald Keith Burner v Martha Dickinson Burner 10/07/1997
Summarily affirmed
1077963 Matthew J. Blackstone v Commonwealth 10/07/1997
No tc error re: test non-exp/adm test&photo evid re: reli/inad.id
1149971 Linwood W. Burt v McLean Contracting Co., et al. 10/07/1997
Summarily affirmed
1251974 Washington Metro. Area Transit Authority v McNeil 10/07/1997
Summarily affirmed
1389971 Barry Woodward v Amoco Oil Company 10/07/1997
No wcc error finding condition not causually rel. to injury byacc
1415972 Tidewater Construction Corporation v C. Burney 10/07/1997
Summarily affirmed
1708963 Kenneth David Newton v Commonwealth 10/07/1997
Insuff.evi to prove dist mari over 1/2 ounce/permit "target" test
1940963 Darrell Lynn Saunders v Commonwealth 10/07/1997
No tc error finding home appel. broke in was dwelling of another
2269961 Ricky DeWayne Rogers v Commonwealth 10/07/1997
No t/c error allowing witness to id by video/evid suff to convict
2318964 Mark Allen Haydon v Commonwealth 10/07/1997
Tc erred ruling officer had reasonable suspicion to stop vehicle
2452963 William A. King and Margaret King v. Alice M. King 10/07/1997
No tc error awarding custody to mom/no restrict contact w/friend
2809961 Leo Lamont Vereen v Commonwealth 10/07/1997
No tc error by continuing trial, sua sponte, after CW rested
2953963 Terry Lee Meadows v Commonwealth 10/07/1997
Evid. suff-mem.of mob/intent mal wounding/view CW favor mtn strke
0354973 Jeral R. Robbins v Penn Line and Home Indemnity 09/30/1997
No error in WCC's ruling re: denial of compensation benefits
1196973 Bobby Hay, T/A Up Front Painting v Danny E. Powell 09/30/1997
Summarily affirmed
1264963 Larry Furches Blevins, Sr. v Commonwealth 09/30/1997
T/C erred in denying speedy trial claim
2244961 Antonio Eugene Davis v Commonwealth 09/30/1997
Suff.evid.to convict for 2d murder/attempt.rob/consp. commit rob.
2776961 Robert C. Tindall v Lynne L. Tindall 09/30/1997
Summarily affirmed
0074971 Ceres Marine Terminals, Inc. and Aetna Ins. v Ward 09/23/1997
Empl'er denied credit ag'st award for bene. prevs'ly paid claiman
0259971 Old House Specialists, et al. v David R. Coleman 09/23/1997
WCC erred in awarding claimant benefits for work-related injury
0269972 Grayson Mitchell, Inc., et al. v Ernest Hamlette 09/23/1997
WCC erred in award temp total dis to claimt/no notice from claimt
0384971 York Co. Public Schools, et al. v Dollie Marshall 09/23/1997
No WCC error award med & perm partial dis ben for wk-rel'd injury
1098974 Albertus Baker v Washington Metro Area Transit Aut 09/23/1997
Summarily affirmed
1152974 Ogden Martin Systems and Ins. Co. of PA v Lloyd 09/23/1997
Summarily affirmed
1473962 Johnny R. Breeden v Commonwealth 09/23/1997
Evidence suff. to support conviction for poss of concealed weapon
1621964 Ralph L. Bennett v Joyce R. Bennett 09/23/1997
No tc error re: equit. dist/disa. ret. ben, sep.prop/spousal supp
1998962 David Eugene White v Commonwealth 09/23/1997
Evidence suff to support convict/no tc error re: sent. guidelines
2100961 Craig Aaron Hooper v Commonwealth 09/23/1997
No tc error for failure to appear/Code Section 19.2-128
2219961 Ronnie Lee Banks v Commonwealth 09/23/1997
Evid suff to convict for poss cocaine/int to dist Code S 18.2-248
2251961 Raymont D. Armstead v Commonwealth 09/23/1997
No tc error deny mot/con. to sub r.counsel/Code 19.2-159.1/6Amend
2459961 Narrio R. Gibbs, Jr. v CW 09/23/1997
Evidence suff re: left corr facility/escape-Code Sec.18.2-479(B)
2503962 Guy C. Amburgey, Jr. v Commonwealth 09/23/1997
No error t/c in reasonable stop based on info fr. unnamed citizen
2544962 Dwayne D. Roark, s/k/a Dewayne D. Roark v CW 09/23/1997
No tc error denying mot. new trial/pretrial stmt disc Brady info
2602961 Moses Henry Carney, Jr. v Commonwealth 09/23/1997
Evidence sufficient to convict for possession of cocaine
2692962 John R. Maxey v Willavene H. Maxey 09/23/1997
No tc error in wife's certain percent int. in 2 parcel real prop.
2937962 Alfred Christian Darlington v Commonwealth 09/23/1997
Insuff. evid. for conviction for manu. marijuana not for own use
2946961 Richard Sell and Diane Sell v. Benito Palmarini 09/23/1997
Pre-mature denial of petition for adoption
3167961 Doris Burnette Geddis v Walter Clarence Geddis 09/23/1997
No tc error re:imputed wife's income/insufficient spousal support
0660972 Guadalupe Flores v Richmond Department of Soc. Ser 09/16/1997
Summarily affirmed
0860962 Victor Francis, s/k/a Victor Lynn Francis v CW 09/16/1997
Evid.suff. to prove principal in second degree in sale of herion
1771962 Jose Caba v Commonwealth 09/16/1997
No unreasonable search and seizure/voluntary consent
2640962 Timothy Joseph Levi v Commonwealth 09/16/1997
No error in t/c for denial of motion to suppress during search
3046962 Dabney C. Robertson (Lang) v James L. Robertson 09/16/1997
Equit. Dis/calculation of credit from proceeds of marital home
0081971 Lois A. Apelt v Egon R. Apelt 09/09/1997
Summarily affirmed
0753972 Michael T. Bowles v Linwood Wayne Wingo 09/09/1997
Summarily affirmed
0773971 Brenda Louise Hunter v Darrell Eugene Hunter 09/09/1997
Summarily affirmed
0857973 Commonwealth v Gary Lynn Jones 09/09/1997
Motion to suppress/traffic stop
0879974 County of York Fire & Rescue/VA Municipal v Dinse 09/09/1997
Summarily affirmed
0896973 George P. Thomas v Richardson Bldr & Southern Ins 09/09/1997
Summarily affirmed
1017971 Freddie J. Fleming v Snap Cont'g and Twin City Ins 09/09/1997
Summarily affirmed
1037974 Thanh Tu Tran v Browns Servs and Ohio Casualty Ins 09/09/1997
Whether wcc erred in denying award of temporary disability bene.
1077972 Vernon M. Rogers v Home Bene. Life and F&G Insur 09/09/1997
Summarily affirmed
1105971 Food Lion, Inc. v Brian D. Betts 09/09/1997
Summarily affirmed
2078964 Andrew T. Schneider v Denise M. Schneider 09/09/1997
No err in t/c husband mtn for mod of spouse sup/wife mtn atty fee
2153964 Denise M. Schneider v Andrew T. Schneider 09/09/1997
no error t/c deny husbands mtn mod spousal spt/wifes mtn atty fee
2234963 Gregory Scott Addison v Commonwealth 09/09/1997
T/c conviction first degree murder, stalking, use of firearm
0470974 Dora L. Moore v Alphonso W. Moore 09/02/1997
Summarily affirmed
0509971 Jacob Jarman v Commonwealth, DSS, DCSE, Hanley 09/02/1997
Summarily affirmed
0531974 James D. Quinn v Veronica Quinn 09/02/1997
Summarily affirmed
0895974 Wrangler, Inc. v Colleen D. Greene Kirtley 09/02/1997
Summarily affirmed
0992963 Dana Chenault v Edward E. Mangus 09/02/1997
Summarily affirmed
1009973 Davis H. Elliot Company, Inc., et al. v E. Price 09/02/1997
Summarily affirmed
1146972 William Harris v Newington Services, Inc., et al 09/02/1997
Summarily affirmed
2551963 Walter Paul Benda v Yoko Mizuno 09/02/1997
Summarily affirmed
0617974 Thomas Myerchin v Heart Corporation, et al. 08/26/1997
no error denying benefits for failure to market residual work cap
0633974 U.S. Automotive Manu., et al. v Maurice Gordon 08/26/1997
Summarily affirmed
0813972 Commonwealth v Allen Eugene Harris 08/26/1997
no error in t/c finding lack of reasonable suspicion
0858972 Georgia-Pacific Corporation v Antionette Hicks 08/26/1997
Summarily affirmed
0864972 Curtis S. Smith v City of Emporia, et al. 08/26/1997
no error in denying app. for award of comp. benefits
0897971 Mark S. Allen v City of Norfolk Police Dept. et al 08/26/1997
Summarily affirmed
1147974 Toni Wood v Diana C. Snipes and Leroy E. Snipes 08/26/1997
Summarily affirmed
3145962 Susan C. Latuche v Randall A. Latuche, Sr. 08/26/1997
Summarily affirm
3208964 Ann Began Furman v Harold Warren Furman, II 08/26/1997
Summarily affirmed
0318962 Bruce Williams v Commonwealth 08/19/1997
no error in denying motion to suppress evidence
0662964 Edward Hakspiel v Commonwealth 08/19/1997
no err in t/c refusing to instruct jury on abolition of parole
0249972 Mary Powers, n/k/a, etc. v Chesterfield-Col. H DSS 08/12/1997
Summarily affirmed
0382971 John A. Fulcher v Linda S. Fulcher 08/12/1997
Summarily affirmed
0874971 Econo Clean Janitorial Serv et al v Flora Emerson 08/12/1997
No error in proving claimant sustained injury by accident on job
1873952 Phillip D. Waller, a/k/a, etc. v Commonwealth 08/12/1997
No error in failing to prove chain of custody of sub.and admitt.
3115961 Norfolk Shipbuilding, etc. v Barbara Diane Gorski 08/12/1997
Error in temp part dis benefits, no error in market res work cap
3131961 Barbara Diane Gorski v Norfolk Shipbuilding, etc. 08/12/1997
Error in tem part dis benefits, no error in market res work cap
0266974 Karen Ryan v Douglas W. Ryan 08/05/1997
SA
0704973 National Fruit Prod Co Inc et al. v Beth Winters 08/05/1997
SA
0730971 Commonwealth v John Edward McBrien 08/05/1997
T/J erred in suppressing appellee's statements to police
0779971 Williamsburg Soap, etc., et al. v Debra J. Eames 08/05/1997
No err by comm in holding claimant did not refuse medical treat.
0788973 ABF Freight System, Inc. v Keith E. Johnson 08/05/1997
SA
1707962 Eugenie Sterling Trotter v John C. Maxwell, Jr. 08/05/1997
Error in t/c judgment that husband violated alimony provision
1742961 John Stevens Norris, Jr. v Amy Ann Norris 08/05/1997
No error in miscalculating husband's gross income, etc.
2470952 Ernest L. Douglas, s/k/a v. Commonwealth 08/05/1997
Unlawful warrantless search made, error in suppressing evidence
2507952 Richard Franklin Palmer v Commonwealth 08/05/1997
No error in striking veniremen, refusing to grant mistrial, etc.
0170973 Rick Morin v Tracey Morin 07/29/1997
Summarily affirmed
0204974 Caroline Sjoblom v Thomas Sjoblom 07/29/1997
Summarily affirmed
0311972 Mary Brumskill v Austin E. Brumskill 07/29/1997
Summarily affirmed
0371971 Bobby R. Thacker v Sandra M. Thacker 07/29/1997
Summarily affirmed
0387972 Hallett v St. Mary's Hospital, et al. 07/29/1997
Summarily affirmed
0477973 Super 8 Motel, et al. v Cynthia Rosalie Breeden 07/29/1997
Summarily affirmed
0480973 Brenda McCrouah Willis v Carilion Health Sys et al 07/29/1997
Summarily affirmed
0525973 Jose O. Perez v Blauch Brothers, Inc., et al. 07/29/1997
Summarily affirmed
0542973 Paulette's Dusters & Robes, et al v Juanita Howell 07/29/1997
Summarily affirmed
0572971 Safeway, Inc. v Marion Boswell Arrowood 07/29/1997
Summarily affirmed
0642973 Adams Construction Co. v Clarence Ray Bousman 07/29/1997
No error in proving award of compensation benefits
0762974 Truland Sys. Corp, et al v Richard L. Portorsnok 07/29/1997
Summarily affirmed
0882974 Michael A. Foti v Arlington County 07/29/1997
Summarily affirmed
1062962 Raheem Vauter v Commonwealth 07/29/1997
No error in admitting statement to police of poss of cocaine conv
1803962 Gerald Albert Adkins v Nabisco Biscuit 07/29/1997
No error in st of limit, doct of equit estoppel, emp cond, de fac
2157962 Sharon Lynne Bottoms v Pamela Kay Bottoms 07/29/1997
Petitions for custody b/c of visitation violations remand to t/c
2259963 Alexandria Kitchen & Bath etc, et al v Gary Hare 07/29/1997
Error in denying application to terminate wcc benefits
2670964 LMI Insurance Company v. Foley, et al. 07/29/1997
No error in holding appellant liable for wcc benefits
2671964 LMI Insurance Company v Foley, et al. 07/29/1997
No error in holding appellant liable for wcc benefits
2859964 Carlos A. Real v Tower Electric Company, et al. 07/29/1997
No error in awarding temp total disability benefits
1893961 Santarejai Antarinn Brown v Commonwealth 07/22/1997
Fourth and Fifth Amend rights violated
1895961 Ronald Wayne Brinkley v Commonwealth 07/22/1997
Evidence sufficient to support possession of cocaine conviction
2224962 Leon A. Walker v Commonwealth 07/22/1997
t/c erred in denying motion to suppress for possession of cocaine
2830964 Mobil Oil Corp., et al. v Walter E. Hurst 07/22/1997
No continual disab., claimant inadequately marketed residual cap
0156961 Stephen Carl Irick v Joan Goodson Irick 07/15/1997
SA
0265974 Commonwealth of Virginia v Mouncey Ferguson, Jr. 07/15/1997
Error in t/c suppression order
0430973 Curtis Tony Beverly v Town of Wise, et al. 07/15/1997
SA
0564974 Valerie M. Meredith v Safeway, Inc. 07/15/1997
SA
0707971 Newport News Bapt Ret Comm, et al v Cheryl Kennedy 07/15/1997
SA
2006963 Troy Eugene Braxton v Commonwealth 07/15/1997
No error in refusal to suppress evidence for cocaine poss. conv.
2012961 Commonwealth of Virginia DMV v Gary Wayne Stafford 07/15/1997
Error in t/c habitual offender conviction
2454963 Billy Fisher v Commonwealth 07/15/1997
All evidence sufficient for poss. of cocaine conv
2497962 Harold Francis Sheppard v Cynthia Caudle Sheppard 07/15/1997
Error in t/c decision, remanded for enforcement of agreement
2555962 James B. Montgomery v Patricia Talbot 07/15/1997
Error in joint custody/physical custody arrangement
2557962 Murray L. Steinberg v Katherine T. Steinberg 07/15/1997
SA
2814964 Function Ent., Inc., et al. v Rod Frederick Brown 07/15/1997
Error in calculation of claimant's weekly wage. Dissent
3025952 Rochelle Susan Beardslee v William Clary, et al. 07/15/1997
SA
3042962 Capital Land, Inc., t/a, etc. v Virginia ABC 07/15/1997
Appellee's brief filed
0329971 Cox Cable Hampton Roads, et al. v James Bowman 07/08/1997
Refusal to change treatment of appellee order, without merit SA
0344974 Aaron L. Jestice v Evelyn I. Jestice 07/08/1997
Decision to admit certain requests, appeal without merit SA
0366972 Herbert W. Lux, Jr. v Jack Kotvas, Dir., etc. 07/08/1997
Decision to pay claim affirmed SA
0413971 Lillie Louise Peterson-Seivertson v Ford Motor Co. 07/08/1997
Award of permanent partial disability benefits, no merit, SA
0513974 W.C. Hall Gen Hauling Inc et al v Edward B. Blaine 07/08/1997
Good faith effort is without merit, SA
0781971 Ned N. Cary, Jr. v Anheuser Busch et al. 07/08/1997
Failure to prove occupational disease sustained from emp. SA
1408961 Robert L. Branch, s/k/a v CW 07/08/1997
Conviction of robbery affirmed
1851964 Carl O. Patton v Linda Giuliano Patton 07/08/1997
No error in child support obligation
2675962 John Barry Donohue Jr v Mary Patricia S Donohue 07/08/1997
Equitable dist. award, affirmed in part, rev. in part & remanded
2829963 Westmoreland Coal Company v Willie M. Gibson 07/08/1997
reinstating temp. disability benefits improperly considered
2934954 Edward T. Atorick 07/08/1997
No error found in aggravated sexual battery conviction
3031964 Nova Supply, Inc. v Michael G. Clark 07/08/1997
Compensation award affirmed
3045964 Cynthia Lunette Avey v Thomas Gregg Avey 07/08/1997
Payment of child support by appellee, appeal without merit SA
3083961 Crizmar, Inc. t/a, etc. v Helen L. Sanborn, et al. 07/08/1997
Award of benefits properly made
3168963 William Henry Tanger III v Flavia Diaz de Tanger 07/08/1997
Spousal support modifying order affirmed
0133973 Clinton's Repair Service, et al. v Terry W. Lester 07/01/1997
injury by accident arising out of employment, etc. (SA)
0139973 David Stewart Jones v Arleen Catherine Jones 07/01/1997
equitable distribution (SA)
0214974 Audubon Tree Experts, et al. v Kurt F. Reighard 07/01/1997
no error in award of temporary total disability benefits (SA)
0369962 Kevin Chase Newman v Commonwealth 07/01/1997
no requirement that jury be told about parole eligibility
0452971 William E. Webster v E.V. Williams Co., et al. 07/01/1997
unjustifiable refusal of selective employment (SA)
0690962 Harry Antwan Traynham v Commonwealth 07/01/1997
no error in murder and attempted murder convictions
1004961 Elbert Smith, Jr. v Commonwealth 07/01/1997
second degree murder and related use of firearm
1759962 Richard Donald Hegedus v Commonwealth 07/01/1997
error in jury instruction; lesser-included offense unlawful wound
2473952 George Robert Newby, Jr. v Commonwealth 07/01/1997
Rape, forcible sodomy and animate object sexual penetration
2646963 State Farm Insurance, et al. v Earl Wayne Hancock 07/01/1997
injury by accident, etc.
3199961 Theresa Louise Bedard v Michael Scott Bedard 07/01/1997
spousal support (SA)
0188964 John Patrick Hanley v Commonwealth 06/24/1997
no error in refusing to strike juror
0270972 Mary E. Lewis v Sears Roebuck & Co., et al. 06/24/1997
failed to prove injury by accid. arising out of employ, etc. (SA)
0271971 Commonwealth v Chad Everett Spencer 06/24/1997
no error in granting motion to suppress evidence
0440973 Corte Co., et al. v Fred Eugene Holdren 06/24/1997
permanent total disability (SA)
0499964 Robert Mason, etc. v Commonwealth 06/24/1997
juror had requisite language skills to qualify as impartial juror
0610962 Milton Gaither v Commonwealth 06/24/1997
suff evid to support convicts of conspiracy to dist. cocaine, etc
1089964 Thomas J. Carroll, Jr. v Commonwealth 06/24/1997
transcript or written statement of facts necessary for review
1220964 Earl Bobby Walker v Commonwealth 06/24/1997
defendant was never arraigned on indictment
1666961 Antoine D. Pittman, etc. v Commonwealth 06/24/1997
suff. evidence to support convict of robbery & use of firearm
1807962 Elvin Robertson v Commonwealth 06/24/1997
evidence established possession
1859962 Lewis H. Clementson v Nancy Taylor Clementson, etc 06/24/1997
child custody
1986961 Gilberto Eadley Hansell v Commonwealth 06/24/1997
sufficient evidence to prove intent to distribute marijuana
2481963 William R. Perrigan v Clinchfield Coal Company 06/24/1997
failure to market residual work capacity
2563963 Augusta Lumber & Supply, et al. v James F. Truslow 06/24/1997
injury by accident arising out of employment (SA)
2881961 B. Jacquelyne Morrell v Charles Morrell 06/24/1997
equitable distribution (SA)
3105962 Northside Electric Co., et al. v Norbert S. Hicks 06/24/1997
disability causally related to injury by accident
0008972 Westpoint Stevens-Drakes, et al. v Dorothy Davis 06/17/1997
injury by accident
0058973 P.D. Interiors, Inc., et al. v James R. Armistead 06/17/1997
change in condition related to compensable injury (SA)
0075972 Albemarle School Board, et al. v Virgie I. Morris 06/17/1997
heart ailment and death related to work-related accident
0095971 John C. Edwards, III v Hoar Construction, et al. 06/17/1997
failure to prove compensable industrial injury (SA)
0224972 Gwynne Strickland v Cacique, et al 06/17/1997
disability not related to injury by accident (SA)
0247972 MCV, School of Dentistry v Hawkins 06/17/1997
injury by accident arising out of employment (SA)
0520964 James Billy Henry v Commonwealth 06/17/1997
threatening to burn a home in violation of Code 18.2-83
1142962 Robert Rayfield Jones v Commonweatlh 06/17/1997
no error in refusing to give jury proffered instruction
1201961 Julie Harris, etc. v Commonwealth 06/17/1997
felony child neglect
1315962 .Olaolu Wilson Oyejola v Commonwealth 06/17/1997
error in conviction of credit card fraud
1500964 Thomas Pierce Smith v Commonwealth 06/17/1997
no error in admitting evidnece of previous crime
1920961 Brian Taylor, etc. v Commonwealth 06/17/1997
violation of code 53.1-203(2)
2348962 Nancy M. Jaffe v Stephen L. Jaffe 06/17/1997
spousal support and equitable distribution
2771964 Fairfax School Board v Lisa M. L. Puebla 06/17/1997
medical problems not related to industrial accident
3095962 Ronald I. Powers v Joan S. Powers 06/17/1997
error in custody award
0087971 John Nicholas Delia, Jr. v VA. Electric & Power Co 06/10/1997
no error in denying compensation for lost overtime hours (SA)
0122962 Richard William Webb, etc. v Commonwealth 06/10/1997
no error in allowing medical witness' testimony
0150972 Bert Ray Forbes v. Creative Screen Print, et al. 06/10/1997
failure to prove occupational disease arising out of employ. (SA)
0191973 North branch Coal Co., et al. v Gerald W. Cordle 06/10/1997
claimant not provided with diagnosis of occupational disease (SA)
1301962 Ponto Prince Arnold, etc. v Commonwealth 06/10/1997
original opinion (5/20/97) vacated and reissued
1583962 Sa'ad El-Amin v Carloyn Gautier-Adams 06/10/1997
child support (SA)
1620962 Jasper Plowden v Commonwealth 06/10/1997
insufficient evidence to prove appellant was criminal agent
1636962 Gilbert Everett Schill, Jr. v Nancy Joan L. Schill 06/10/1997
equitable distribution, spousal and child support, attorney fees
2023964 James H. Manvell v Kathleen M. Manvell 06/10/1997
equitable distribution
2126962 George E. Bates v Commonwealth 06/10/1997
insufficient evidence to prove intent to kill law enforce. offic.
2374964 Electrodyne, Inc., et al. v Kim Harrison 06/10/1997
no error in award of temporary partial disability award
2397952 Malcolm Terrell Bishop, etc. v Commonwealth 06/10/1997
sufficient evidence for forgery convictions
2536963 Jeffrey M. Payne v Lynchburg Division of Soc. Serv 06/10/1997
no error in denying petition to determine parentage (SA)
2556964 John Warner, etc. v William Marsh 06/10/1997
no error in award
2604964 Uninsured Employer's Fund v William Marsh 06/10/1997
error in award against general contractor as corporation
2664964 USAir, Inc. v Tracie G. Watson 06/10/1997
error in finding release to return to work conditional
2817963 Gary R. Childress v Gary Childress Trucking, et al 06/10/1997
failure to prove injury by accident arising out of employ. (SA)
2936964 Corp. of the President, etc. v Bonnie C. Gaskins 06/10/1997
no error in allowing amendment to average weekly wage
3092964 Fairfax Co. School Board v Louise S. Rostker 06/10/1997
reasonable excuse for untimely report of injury by accid. (SA)
3111964 Chin Chuan Yeh v Shunko Kisaka 06/10/1997
divorce decree (SA)
0430962 Ronald Wayne Lewis v Commonwealth 06/03/1997
no error in admitting certificate of analysis
1093961 Antwan R. Jenkins v Commonwealth 06/03/1997
sufficient evidence to prove first degree murder
1272962 Linda Diane McWilliams v Commonwealth 06/03/1997
no error in admitting evidence; possession of cocaine conviction
1395964 Joseph Charles Sklepovich v Commonwealth 06/03/1997
driving after having been declared an habitual offender
1894964 Larry Marvin Diggs v Commonwealth 06/03/1997
no error in limiting demonstrative evidence
1928962 David Wayne Brooks v Div. of Child Support Enforce 06/03/1997
child support reduction
1965964 Lonny Nolan Collins v Commonwealth 06/03/1997
venue objection not preserved at trial
1967962 Gary Lee Alexander v Commonwealth 06/03/1997
sufficient evidence to support conviction for possessing cocaine
2038964 Douglas M. Hayes v Ann M. Hayes 06/03/1997
no error in setting interest amount on money owed wife
2089962 Lester Lynn Leonard v County of Spotsylvania 06/03/1997
no error in allowing certificate of blood alcohol analysis
2519962 Alpine Const. etc. et al. v Gene Dandridge, et al. 06/03/1997
no error in commission's decision
2694962 Theresa P. Taylor v James L. Taylor 06/03/1997
divorce decree
2811961 James E. Sellers v Tidewater Sand Co., et al. 06/03/1997
employer not responsible for cost of medical treatment (SA)
2816963 Lynchburg Foundry, et al. v Robert F. Cyrus 06/03/1997
statute of limitations
0028973 Janie Eliz. Holman v Southwestern VA Mental Health 05/27/1997
failure to prove total disability (SA)
0048974 Stephen Slota v Eastern Airlines, et al. 05/27/1997
employer not responsible for additional acupuncture treatments SA
0145974 Richard A. Spitzer v The Fried Co., et al. 05/27/1997
Fried Co. was claimant's statutory employer (SA)
0654963 William Todd House v Commonwealth 05/27/1997
no error in revoking suspended sentence
1703963 Kenneth Wayne Boothe, Jr. v Commonwealth 05/27/1997
defendant was properly advised of rights
1751962 Steven Phillip Cogan v Commonwealth 05/27/1997
no error in DUI of alcohol conviction
1770962 Lanetta Torian v Commonwealth 05/27/1997
sufficient evidence to support possess of cocaine with intent
2764963 W & L Construct., etc., et al. v Herchel Sullivan 05/27/1997
no error in temporary total disability benefits
2856963 Phillip T. Largen v Colleen H. Largen (Hartis) 05/27/1997
equitable distribution (SA)
3129961 Bradford S. Dame v Lockwood Carpets, et al. 05/27/1997
unjustifibly refused medical treatment (SA)
1350961 Faith O. Land v DePaul Hospital, et al. 05/20/1997
medical evidence did not establish a ratable loss of use
1483961 John Thomas Lewis, Jr. v Commonwealth 05/20/1997
probable cause existed for search & seizure
1490961 Raul Enrique Alcantara v Commonwealth 05/20/1997
no error in sentencing
2308963 Robert Warren Gore v Sylvia Swain Gore 05/20/1997
divorce decree, equitable distribution (SA)
2419964 Adrienne H. Lane v James Sirois Lane 05/20/1997
child custody and visitation (SA)
2533964 Pierre Joligard v Christina M. Joligard 05/20/1997
custody and visitation, attorney's fees award (SA)
2687962 Interim Personnel, et al. v James G. Turner 05/20/1997
injury and surgery causally related to compensable injury by acc.
2887953 Troy Lee Estep v Commonwealth 05/20/1997
exclusion of proffered evidence did not affect the verdict
3088963 Harrington Corp., et al. v Jessee Argenbright 05/20/1997
claimant unable to return to pre-injury employment (SA)
0541961 James E. Hutson v Commonwealth 05/13/1997
leaving scene of accident involving personal injury
1087961 Benjamin Perry Gordon, III v Commonwealth 05/13/1997
no violation of constitutional right to speedy trail
1129962 Matthew Lee McKinney v Commonwealth 05/13/1997
insufficient evidence to support burglary & petit larceny convict
1495963 Dante Voltaire Fleshman v Commonwealth 05/13/1997
sufficient evidence to prove intent to permanently disable victim
1510961 Carzell Benton, etc. v Commonwealth 05/13/1997
sufficient evidence to support conviction of fire bomb possession
1617961 Stephen Douglas Gowens v Commonwealth 05/13/1997
distribution of cocaine
2140964 Mary K. Keough, etc. v Francis P. Keough 05/13/1997
equitable diatribution
2469951 Terry Feeback v Commonwealth 05/13/1997
no error in allowing jury to hear interrogation statements
2656964 Badri N. Das v Pushp L. Das 05/13/1997
spousal support (SA)
0505973 Ralph Blakeslee Dean v Atlantic Research Corp. 05/06/1997
denial of claim did not violate constitutional rights (SA)
0975963 Barbara Gail Watkins v Commonwealth 05/06/1997
no error in allowing amendment of arrest warrant
1478961 Noel Austin Cherry v Commonwealth 05/06/1997
no error in admitting certificate of ananlysis
1506961 Paul N. Carrithers v Commonwealth 05/06/1997
sufficient evidence to support embezzlement conviction
1557963 Johnny Wayne LaForce v Commonwealth 05/06/1997
no error in admitting prior felony convictions
2159963 Westmoreland Coal Co. v Larry G. Kilgore 05/06/1997
no error in temp. total disab. benes. upon change in condition
2160961 James R. Boyles v Commonwealth/Dept. of Soc. Serv. 05/06/1997
no error in finding of emotional abuse, level 3, of children
2749963 Howard Mack Broadnax v Doris Ann Broadnax 05/06/1997
spousal support/equitable distribution (SA)
3020964 Gladys Artola v Shoppers Food Warehouse, et al. 05/06/1997
non-disabling injury by accident (SA)
3070964 C.W. Wright Constr., Co., Inc. v Larry W. Buracker 05/06/1997
compensable injury by accident caused brain injury (SA)
0730963 Albert Spencer Mitchell, Jr. v Commonwealth 04/29/1997
sufficient evidence to prove larcenous intent
0821961 Willis Roosevelt Morring v Commonwealth 04/29/1997
suff evid to support convicts: possess. of concealed weapon, etc.
0947963 Barry Edwards English v Commonwealth 04/29/1997
suff. evid. to support convictions: aggravated sex. battery, etc.
0979963 Grellan J. Harty v Commonwealth 04/29/1997
detention did not violate 4th Amendment rights
1877963 Deneen Hicks Rainwater v Roanoke City DSS 04/29/1997
arguments on appeal procedurally barred
1906962 Nancy A. Megill v Allan D. Megill 04/29/1997
divorce decree (grounds) (SA)
1956963 Skyline Excavating Co., et al. v John K. Abshire 04/29/1997
medical treatment, disability causally related to work accident
2044963 Thomas Boyce, et al. v Brian Samuel Bush 04/29/1997
no error in awarding custody to former stepfather
2045963 Cynthia Boyce Bush v Brian Samuel Bush 04/29/1997
no error in awarding custody to former stepfather
2049962 John K. Crisco, Jr. v Robin T. Sorensen (Crisco) 04/29/1997
no error in tc's refusal to modify child visitation
2131961 Deborah Artis v Commonwealth 04/29/1997
appellant was not denied right of allocution
2136962 Robin T. Sorensen (Crisco) v John K. Crisco, Jr. 04/29/1997
no error in mother sharing transportation costs for visitation
2196962 Wal-Mart Stores, et al. v Carolyn R. Richards 04/29/1997
disorders were causally related to injury by accident
2322961 Robert Beatty v Narricot Industries, Inc., et al. 04/29/1997
claimant failed to prove injury arose out of employment
2372962 Grand Piano, et al. v Randell E. Gray, Jr. 04/29/1997
noncompensable injuries caused by unexplained accident
2841964 Kestrini, Inc. etc. v Patricia Anne Russell 04/29/1997
injury by accident arising out of employment (SA)
2861963 Betty Amburn v Greenvale School, et al. 04/29/1997
failure to prove knee symptoms causally related to accident (SA)
2986964 Montclair Country Club, et al. v Laura Jahnke 04/29/1997
no error in temporary total disability benefits award (SA)
0184964 Brian M. McHugh v Commonwealth 04/22/1997
tc lacked jurisdiction to consider motion to set aside verdict
0494963 Roy Carlton Davis v Commonwealth 04/22/1997
suff. evid. to support convict: poss. of cocaine with intent, etc
0592962 Dwayne Edward Guill v Commonwealth 04/22/1997
no error in admitting previous conviction for b&e, w/ rape intent
0604964 Harrison R. Jones, etc. v Commonwealth 04/22/1997
search incident to arrest did not violate 4th Amendment
0665963 David Allen Taylor, etc. v Commonwealth 04/22/1997
insufficient evidence to support conviction of assault
0680963 Marty Jagade Jackson v Commonwealth 04/22/1997
hearsay statements under "co-conspirator" exception allowable
0805963 Ruth Bettie Calloway v Commonwealth 04/22/1997
driving under influence of alcohol, second offense
0811964 Eugene C. Cook v Helen M. Cook 04/22/1997
spousal support
1032963 Kenneth E. Plogger v Betty R. Plogger 04/22/1997
error in enforcing seperation agreement
1172963 William V. Loudermilk, etc. v Commonwealth 04/22/1997
suffic. evidence to prove possession of drugs found in rental car
1340962 Thomas Rowe Hope v Commonwealth 04/22/1997
sufficient evidence to prove unlawful wounding
1409952 Darryl Bruce Wheaton v Commonwealth 04/22/1997
defendant's statement properly admitted for impeachment purposes
1561962 Floyd Franklin Booker v Commonwealth 04/22/1997
sufficient evidence to support 2 counts of cocaine distribution
1690962 Clarence Junior Thomas v Commonwealth 04/22/1997
appellant failed to preserve issue for appeal
2195963 Dominion Coal Corp, et al. v Clyde Lyndell Horne 04/22/1997
no error in medical benefits award
2498962 Gregory O. Wigglesworth v Carrie F. Wigglesworth 04/22/1997
spousal support (SA)
2511961 Jo Anne Phelps, etc. v Christopher P. Grazel 04/22/1997
spousal and child support, equitable distribution, etc. (SA)
2571963 James Hagen Hubbard v Jean Carol Pritchett Hubbard 04/22/1997
no error in denying motion to reinstate action on docket (SA)
2748963 Eavers Excavating, et al. v James Hulan Waldron 04/22/1997
employer responsible for medical costs (SA)
2849962 Emporia Feed & Seed, et al. v Donald G. Hobbs 04/22/1997
injury by accident arising out of employment, etc. (SA)
2852964 Virginia Gunite, et al. v Robert White 04/22/1997
injury by accident arising out of employment (SA)
2923963 Wise Co Board of Supervisors et al v Michael Lipps 04/22/1997
injury by accident arising out of employment, etc. (SA)
3113964 Carolyn R. Moore v Prince William Co. Circuit Ct. 04/22/1997
no error in granting credit against future disab. benefits (SA)
0123963 Stuart Acree Barbour, Jr. v Commonwealth 04/15/1997
tc had subject matter jurisdiction over criminal charge
0679961 Joseph Britt, III v Commonwealth 04/15/1997
tc erred in brandishing convictions
1069961 Anthony Lee Vaughan, Jr. v Commonwealth 04/15/1997
no error in revoking probation
1208961 Tyger Construction, et al. v Commonwealth, et al. 04/15/1997
company not entitled to recover for "extra work"
1323963 John T. Wheaton v Vicki W. Wheaton 04/15/1997
spousal and child support
1455961 Jeanette Lee Kenowitz v Commonwealth 04/15/1997
no error in conviction of poss. of heroin, firearm, etc.
1613961 Eddie Franklin Brock v Lorna R. Coggin 04/15/1997
child support
1798961 Pedro F. Becerra-Cely v Judy Amick-Becerra 04/15/1997
child custody and support
1903964 Fairfax Co. School Board v Lonnie M. Wright 04/15/1997
claimant unjustifiably refused vocational rehabilitation efforts
2122963 Bobby Gray Baldwin v Commonwealth, et al. 04/15/1997
child support arrearages (SA)
2468964 Dennis D. Polesky v Alexandria Exxon, et al. 04/15/1997
claimant failed to prove a change in condition & disability
2690962 HealthSouth, etc., et al. v Gloria Pignatore 04/15/1997
no error in award for back surgery and resulting disability (SA)
2827953 David Wayne Bowman v Commonwealth 04/15/1997
evidence properly admitted and sufficient to support conviction
0071964 Commonwealth, DSS, etc. v Dale Robert Bowyer 04/08/1997
child support
0319962 Leon Darnell Parker v Commonwealth 04/08/1997
evidence properly admitted; cocaine possession w/ intent to dist.
0887961 Howard Nowell, Jr. v Commonwealth 04/08/1997
sufficient evidence to prove use of firearm in comm. of robbery
0926963 Corwyn Cordell Skinner v Commonwealth 04/08/1997
sufficient evidence to support conviction of possessing cocaine
0997964 Charles Stuart DeHaven, Jr. v Pamela Bush DeHaven 04/08/1997
equitable distribution
1401964 Monica M. Starrs v James E. & Barbara A. Starrs 04/08/1997
no error in granting petition for adoption
1420961 Barbara Luann Mancini v J. Peter Mancini 04/08/1997
child support
1550964 Thomas E. McGlathery v Sharron A. McGlathery 04/08/1997
equitable distribution
1740951 William "Pig" Wooten, etc. v Commonwealth 04/08/1997
no error in conviction of distributing cocaine
1837964 Dee Edward Newland v Georgeen M. Newland 04/08/1997
child and spousal support
2193964 Maria J. Lang v Michael A. Lang 04/08/1997
no err in deny. motion to allow mother to move kids to Spain (SA)
2354964 James E. & Barbara A. Starrs v Monica M. Starrs 04/08/1997
no error in awarding guardian ad litem fees
2391961 J.H. Miles Seafood, etc., et al. v Carol A. Guyton 04/08/1997
WCC erred in finding compensable occupational disease
2901962 Louisa Co. School Board et al v Lucille Y. Shelton 04/08/1997
employer failed to prove claimant no longer injured (SA)
0839962 Douglas Edward Holmes v Commonwealth 04/01/1997
sufficient evidence to prove knowledge of drivers license suspen.
0960964 John Henry West v Commonwealth 04/01/1997
no error in conviction of grand larceny of automobile
1007962 Larry Dale Sams v Commonwealth 04/01/1997
practicing as building contractor without license
1231962 Charles Lee Dunn v Commonwealth 04/01/1997
accessory after the fact to grand larceny
1248964 Jones Chemical, Inc, et al. v Jack Dempsy Parson 04/01/1997
claimant failed to cure unjustified refusal of selective employ.
1262961 Stephen Leroy Hobbs, Jr. v Commonwealth 04/01/1997
lawful stop of vehicle
1263961 David V. Bond v Commonwealth 04/01/1997
probable cause existed to arrest
1412961 Randolph Beale, Jr, etc. v Commonwealth 04/01/1997
no error in denying motion to suppress: convict A & B of officer
1458962 Linda Starkes v Commonwealth 04/01/1997
attempting to cause bodily injury to police officer
1559964 Yolanda Turner v Albert Spinner, et al. 04/01/1997
jurisdictional question raised on appeal rendered moot
1606962 Kenneth Wayne Morris, etc. v Commonwealth 04/01/1997
no error in bench trial conviction of grand larceny
1680951 Shamont Damon Burrell v Commonwealth 04/01/1997
suff. evidence for convictions: murder, malicious wounding, etc.
1847961 Meredith A. Challoner v Cynthia P. Challoner 04/01/1997
divorce decree, spousal and child support, equitable distribution
2086962 Roger W. Frydrychowski v Cheryl J. Frydrychowski 04/01/1997
spousal support, etc, (SA)
2138964 Jay Jeffrey Brown v Loudoun Co. Board of Supervis. 04/01/1997
no error in WCC's decision to deny benefits for hypertension
2281964 Llewllyn J. Evans, Jr. v Kathleen McConnell Evans 04/01/1997
child custody and visitation (SA)
2294961 Meredith A. Challoner v Cynthia P. Challoner 04/01/1997
divorce decree, spousal and child support, equitable distribution
2509962 Steve M. Hayes v 4 E Corporation, et al. 04/01/1997
no error in denying claim for perm. total disability benefits
2567962 Fieldcrest Cannon, Inc. v Wanda B. Marshall 04/01/1997
res judicata prevents WCC from vacating award (SA)
2626952 Charles Wilson Davis v Commonwealth 04/01/1997
no error in granting motion to amend indictment
2663962 Henry A. Reed, etc. v Roger Dale Fisher, Sr, et al 04/01/1997
evidence proved claimants disability (SA)
2899953 Patricia Hanson, etc. v Commonwealth 04/01/1997
contempt for disobeying juvenile court order
2929963 Commonwealth v Charlie M. Allen 04/01/1997
request to search vehicle not an illegal detention of defendant
3000952 Jamarrian Chanrelle Wingfield v Commonwealth 04/01/1997
no procedural error in admitting drug analysis certificate
1244953 Bruce Elliott Davis v Commonwealth 03/25/1997
sufficient evidence to support attempted capital murder convicts
1630954 John L. Chellman v Commonwealth 03/25/1997
forgery of public documents
1720962 Robert E. Conner v Commonwealth 03/25/1997
no error in conviction of taking indecent liberties w/ minor, etc
1973964 Commercial Courier Express, et al. v David Cairns 03/25/1997
error in issue of causation
2031954 Patrick Raymond Long v Commonwealth 03/25/1997
insuff. evid. to establish requisite venue in tc for forgery off.
2068964 Martix Mechanical Corp. v William Harrison, et al. 03/25/1997
evidence failed to prove contempt of court
2069964 Jimmie D. Mitchell v William Harrison, et al. 03/25/1997
evidence failed to prove contempt of court
2174962 Donald Wayne Ogburn v Southside Gin, Inc. et al. 03/25/1997
willful violation of known safety rule caused injuries
2336962 Karen A. Bayouth v Pizza Hut, Inc., et al. 03/25/1997
failure to prove injury by accident through employment (SA)
2515961 Donald Lee Krenisky v Professional Coating, et al. 03/25/1997
failure to prove injury by accident through employment (SA)
2870954 Stephen Douglas Payne v Commonwealth 03/25/1997
tc erroneously admitted hearsay evidence, etc.
2958961 Charles Ray Warlitner, et al. v McDonald's, etc. 03/25/1997
failed to prove inj. which resulted in death arose from work (SA)
0061962 Scottie Tyrone Booker v Commonwealth 03/18/1997
no error/granting motion for jury view of nighttime crime scene
0625961 John A. Hendrix v Commonwealth 03/18/1997
tc erred in ruling Code Section lesser included offense of anothr
0712962 Edser Joffree Torres Gonzalez v Commonwealth 03/18/1997
transportation into VA with intent to distribute
0722962 Nan S. Vick v Virginia Employment Commission, etal 03/18/1997
voluntarily leaving work disqualified unemployment benefits
1035962 Bernard H. Leiffer v Emily Leiffer 03/18/1997
spousal support
1481963 Elgin Sweeper Co. v J. W. Burress, Inc. 03/18/1997
hearing unnecessary to modify contract
1984961 Cynthia D. Kramer v William Courtney Ryan, Jr. 03/18/1997
no error in denial of attorney's fees (SA)
2230953 Timothy James Eichblatt v County of Roanoke 03/18/1997
violation of terms of restricted driver's license
2320962 Shaw Jewelers, et al. v Beulah Allene Squiers 03/18/1997
claimant validly referred by treating physician to chiropractor
2397963 John D. Bays v SWB Construction Corp., et al. 03/18/1997
failure to prove disability causally related to comp. injury (SA)
2398963 Virginia Lucas Wright v Amerisouce, et al. 03/18/1997
unjustified refusal of selective employment (SA)
2669963 Joseph A. Colosimo, Jr. v VA Truck Center, et al. 03/18/1997
failure to prove injury by accident arising out of employ. (SA)
2682963 Sandra A. Wheeler v Roanoke Memorial Hosp., et al. 03/18/1997
failure to comply with notice requirements (SA)
0172961 Gregory Allen Winter v Commonwealth 03/11/1997
insufficient evidence to support indictments for agg. sex. battry
0544961 Terry F. Lassiter, etc. v Commonwealth 03/11/1997
possession of cocaine with intent to distribute, etc.
1095962 Frank Benjamin Edwards v Lesney D. Edwards 03/11/1997
equitable distribution
1494963 Central Valley Rubber Service, etc. v Vicki Arthur 03/11/1997
no error in award of temporary total benefits
1623954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1624954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1625954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1626954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1627954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1628954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1629954 Joyce Elaine Chambers v Commonwealth 03/11/1997
error in limiting cross-examination of Commonwealth's witness
1927951 James Allen Boley, Jr. v Commonwealth 03/11/1997
sufficient evidence to prove dominion & control over drugs
1927962 Virginia Electric & Power Co v Loa J. T. Bobbitt 03/11/1997
no error in finding employer required to pay for medical treatmnt
2173964 Robert J. Santora v Julia D. Clark, etc. 03/11/1997
no error in allowing child's enrollment in elementary school (SA)
2526951 Raymond Eley v Commonwealth 03/11/1997
sufficient evidnece to prove unauthorized use of a motor vehicle
2597963 MAC Construction, et al. v Bobby G. Harrison 03/11/1997
injury by accident (SA)
2838952 Marvin Alfonza Temple v Commonwealth 03/11/1997
possession with intent to distribute heroin
0139953 Michael Antoine Lee v Commonwealth 03/04/1997
jury instruction was not misleading
0168961 Frank Bradford Tibbett, Jr. v Commonwealth 03/04/1997
no error in cocaine possession conviction
0248963 Shawn Christopher Stewart v. Commonwealth 03/04/1997
curse & abuse, etc. convicts do not violate city code
0527963 Melvin Roy Spangler v Commonwealth 03/04/1997
IRS agent's testimony did not violate 5th Amendment
0790964 Jeanne C. Theismann v Joseph R. Theismann 03/04/1997
attorney's fees award (SA)
1200962 Angie Jones Mayhugh v gene A. Mayhugh 03/04/1997
divorce (grounds), equitable distribution
1681961 Bill Rae Singleton v Joyce Singleton 03/04/1997
spousal support (SA)
1879961 Linda C. Eissler v F. Charles Stange, Jr. 03/04/1997
no error in releasing parent of responsibility for college costs
1913961 Chesapeake Gen. Hosp. et al. v Cynthia Handlovitch 03/04/1997
no error in ordering deceased non-party's medical records
2240962 Tappahannock Maintenance, et al. v Dall Richards 03/04/1997
injury by accident arising out of employment (SA)
2256963 Judy Shaver Hopcroft v Hooker Furniture, et al. 03/04/1997
claimant failed to prove injury by accident, etc. (SA)
2277964 Charles Francis Carter v Arlington Fire Dept. 03/04/1997
expenses unreasonable and not medically necessary (SA)
2301963 Wright Construction, et al. v David Edward Carter 03/04/1997
aggravation of preexisting condition compen. consequence of injry
2400963 Linda A. Brown v Oak Hill Health Care Center, etal 03/04/1997
failure to prove injury by accident, etc. (SA)
2500963 B&R Cleaning Co., et al. v Robert Lee Matherly 03/04/1997
justified refusal of selective employment (SA)
2545963 Sherry Marie Spangler v Holiday Inn, etc. et al. 03/04/1997
failure to prove psychiatric condition causally related to injury
0033962 Keith Lorenzo Jones v Commonwealth 02/25/1997
suff. evid. to support convicts: A&B and attempted force sodomy
0334963 Melvin Ray Gill v Commonwealth 02/25/1997
intent to maliciously wound law enforcement officer
0664961 Paul Holland v Commonwealth 02/25/1997
sufficient evidence to prove possession of drugs
0795963 Mark Shawn Wallace v Commonwealth 02/25/1997
error in barring evid. of mitigating circumstances at sentencing
1183962 Mitre Corp., et al. v Christina Gourzis 02/25/1997
compensable ordinary disease of life
1515963 Hudgins Masonry, et al. v Ronald Anderson Handy 02/25/1997
no error in permanent total disability benefits
1546963 Piedmont Manufacturing Co., et al. v Lois P. East 02/25/1997
no error in benefits award
1565953 Ann Marie Grant v Commonwealth 02/25/1997
search & seizure did not violate Fouth Amendment rights
1773963 McQuay International, et al. v Richard C. Wampler 02/25/1997
no error in partial disability award
1778961 Billie Paxton Einselen v Peter C. Einselen 02/25/1997
spousal support, attorney's fees
2216964 Joyce Ann Kile v Prince William Co. School Board 02/25/1997
claim time-barred (SA)
2353952 Neal Nathaniel Carroll v Commonwealth 02/25/1997
error in admitting statements made during search & seizure
2418961 MD & VA Milk Produce, et al. v Rena A. Parker 02/25/1997
injury by accident arising out of employment (SA)
2575963 BE&K Construction, et al. v Maynard Winton Perry 02/25/1997
employer failed to prove claimant was no longer disabled (SA)
2620963 Brooke Dale Moyer v Whitt Carpet & Tile, et al. 02/25/1997
failure to prove injury by accident arising out of employ. (SA)
2661964 Dominion Water Inc., et al. v Calvin Eugene Duncan 02/25/1997
injury by accident arising out of employment (SA)
2729962 Charles City Co. PW, et al. v John T. Williams, Jr 02/25/1997
injury by accident arising out of employment (SA)
3005954 Douglas Thomas Whittemore v Commonwealth 02/25/1997
drunk driving conviction did not violate double jeopardy
0091964 David Cardwell v Commonwealth 02/18/1997
no violation of constitutional right to speedy trial
0097964 David Cardwell v Commonwealth 02/18/1997
no violation of constitutional right to speedy trial
0303963 Mary A. McConnell Huger v George Derbyshire Huger 02/18/1997
no error in determination of income for spousal support purposes
0488962 Becky Bishop Conley, etc. v Commonwealth 02/18/1997
insufficient evidence to support conviction of petit larceny
0540962 James Mika v Sears, Roebuck & Co., et al. 02/18/1997
medical treatment not causally related to industrial injury (SA)
0555962 Gerald Edward Baker, Jr. v Commonwealth 02/18/1997
no error in admitting evidence of prior misconduct
0733962 Dean Dobson v Commonwealth 02/18/1997
evidence failed to prove incident occurred in the Commonwealth
0977962 James Braxton Foley v Commonwealth 02/18/1997
no error in DWI conviction
1036962 Norman H. Ragland v Commonwealth 02/18/1997
habitual offender conviction
1677964 Poeples Drug, etc. et al. v Joseph Cousar 02/18/1997
brain injury causally related to compen. injury by accid. (SA)
1836963 Jimmie Roger Tester v Jimmie Roger Tester Trucking 02/18/1997
claim for coal miner's pneumonconiosis time barred (SA)
1868961 Ceres Marine Terminals, Inc, et al. v Anita Artis 02/18/1997
error in not crediting dollar amounts previously paid in award
1886962 Vulcan Materials Co. v Charles Lee Crawford 02/18/1997
no error in awarding xosts of chiropratic treatment
1905962 David M. Bromley v Vicki D. Bromley 02/18/1997
spousal support (SA)
1915964 John S. Lewis v Kathleen A. Callahan 02/18/1997
no error in deny. motions to change cust. or reduce support (SA)
2056963 John Henry Thornburg, Jr. v Cheryl A. B. Thornburg 02/18/1997
divorce on ground of one year seperation (SA)
0072961 James Bowe, etc. v Commonwealth 02/11/1997
no error in revoking suspended sentence
1156964 Cleve J. Burd, Jr. v Helga Ursula Burd 02/11/1997
contempt for failing to comply with divorce
1324954 John G. Humphries, etc. v Commonwealth 02/11/1997
arrest warrant valid
1343964 Patricia Pavel v. Thomas F. Pavel 02/11/1997
no error in granting injunction to prevent move
1491961 Sharon B. Lang v James A. Lang 02/11/1997
equitable distribution
1632961 Gwaltney of Smithfield, etc. v Andrea T. Tynes 02/11/1997
injury properly reported within the limitations period
2176961 Jerome Shaw v Tarmac Lone Star, et al. 02/11/1997
no error in denying request for change in treating doctors (SA)
2249963 Kenneth Norman Prater v Bristol Coal Corp., et al. 02/11/1997
disability not causally related to comp. injury by accident (SA)
2292964 Commonwealth v Yulaleya Joyner 02/11/1997
no error in ruling seizure unlawful
2705952 Robert Dale Webb v Commonwealth 02/11/1997
error in denying motion for jury trial
2795951 Kelly Anne Dara v Commonwealth 02/11/1997
no error in conviction of first degree murder, etc.
0161961 Terrance T. Smith, etc. v Commonwealth 02/04/1997
CW not required to disclose identity of confidential informant
0171963 Darrell W. Willis v Commonwealth 02/04/1997
no error in denying motion to suppress examination of body part
0495964 Edward Blackwell Kelly v Commonwealth 02/04/1997
error in refusing to instruct jury on assault & battery offenses
0756962 Kimberly Anne Weig v Lawrence George Weig, Jr. 02/04/1997
child custody
0771964 Vernice F. Evans v Commonwealth 02/04/1997
no error in convictions of obtaining money under false pretenses
1260964 Lewis A. Wilmott v Sheila D. Wilmott 02/04/1997
divorce decree, spousal support, equitable distribution
1346953 Frank E. Pennington, Jr. v Commonwealth 02/04/1997
tc erred in failing to strike juror with demonstrable bias
1741951 Duwon Maurice Jacobs v Commonwealth 02/04/1997
no error in allowing prosecutor's statements or in jury instruct.
1861963 Stone Container Corporation v Evelyn M. Clark 02/04/1997
injury by accident arising out of employment (SA)
2004962 Larry Dean Bartley v Carolina Steel Corp., et al. 02/04/1997
no error in permanent partial disability award (SA)
2575952 George Gregory Boone v Commonwealth 02/04/1997
sufficient evidence to support trespass conviction
2990953 Robert Lee Banks v Commonwealth 02/04/1997
sufficient evidence to support voluntary manslaughter conviction
0962962 Jerry Wayne Scheib v Sara Sue Scheib 01/28/1997
tc lacked authority to order extradition for child support
1086961 Douglas A. Warf v Commonwealth 01/28/1997
no error in conviction of grand larceny
1130962 Clifford O'Neal King v Commonwealth 01/28/1997
insufficient evidence to support convict: conspiracy to distribut
1309962 Sharon D. Williamson v Norman L. Williamson 01/28/1997
child support
1556962 Bryon Lee West v Best Products Co., et al. 01/28/1997
claimant discharged for "justifiable cause"
1916962 City of Richmond Fire, etc. v Carl D. Shuler 01/28/1997
claimant's heart disease is occupational (SA)
1952963 B.W.B. Construction, et al. v Ralph E. Taylor 01/28/1997
placement at sheltered workshop not appropriate vocat. rehab (SA)
1964962 Great Coastal, etc. et al. v Irvin R. Harlow 01/28/1997
injury by accident arising out of employment (SA)
2108961 Jimmy Wayne Powell v St. Joe Container Co., et al. 01/28/1997
claimant failed to prove disability (SA)
2180952 Raheem Shabazz Allah v Commonwealth 01/28/1997
consent to search tainted by illegal detention
2999951 Kimberley S. Lovlie v Commonwealth 01/28/1997
no error in habitual offender conviction
0111962 Charles William Hurt v Catherine C. Hurt 01/21/1997
spousal support
0130962 Catherine C. Hurt v Charles William Hurt 01/21/1997
spousal support
0623963 Charleston Alexander Mutz v Commonwealth 01/21/1997
TC had jurisdiction to revoke probation
0832962 Philip Morris USA, et al. v Carla Rene Marshall 01/21/1997
no error in permanent partial disability award
1940954 Daniel T. Street v Joyal C. Street 01/21/1997
equitable distribution, spousal and child support
2057961 William F. Draper v Goodwill Industries, etc et al 01/21/1997
medical treatment not causally related to injury (SA)
2516964 Mary Margaret Reuben v Integrated Health Services 01/21/1997
application for review to full commission not timely (SA)
0692961 Warren Grafton Pope, Jr. v Commonwealth 01/14/1997
suff evid to support convic. obtaining money under false pretense
1380963 Harry S. Smith v Babcock & Wilcox Co., et al. 01/14/1997
failure to prove injury by accident (SA)
1699963 Dan E. Bales v Sea "B" Mining Co. 01/14/1997
no error in not allowing after-discovered evidence (SA)
1700963 Margaret J. Mullins v Clinchfield Coal Co. 01/14/1997
no error in not allowing after-discovered evidence (SA)
1960964 John P. Allee v Ile Wayne Blake, etc. et al. 01/14/1997
failure to prove disability causally related to injury (SA)
1970964 Izela E. Paz v McDonald's Store #01638, et al. 01/14/1997
failure to prove injury by accident, etc. (SA)
2177952 James Lavor Smith v Commonwealth 01/14/1997
error in convictions of grand larceny of automobile, etc.
2409951 Sean Malcolm Parker v Commonwealth 01/14/1997
failure to present complete record for ruling
2971952 Ronald Castaneda Ramirez v Commonwealth 01/14/1997
statements made to officer did not violate Miranda rights
0131962 Stanley Smith, Jr. v Elisabeth C. Smith 01/07/1997
equitable distribution
0250962 John Frederick Hamm v Commonwealth 01/07/1997
no error in allowing testimony of correctional officer
0949964 Bonnie Pruden v Fairfax Co. Dept of Human Develop. 01/07/1997
error in termination or residual parental rights
1044961 Mitchell Duane Norman v Amelia Louise Pair Norman 01/07/1997
child support (SA)
1161963 Delma T. Jamison v Sears Roebuck & Co., et al. 01/07/1997
failure to prove injury by accident, etc. (SA)
1184964 Thomas F. Fricke v Rosanne Fricke 01/07/1997
property settlement agreement and attorney's fees
1451962 National Nurse Services, et al. v Donna P. Swan 01/07/1997
employer not justified in terminating claimant from select employ
1533962 Anastasis S. Michael, Jr. v George Keener Masonry 01/07/1997
unjustified refusal of medical treatment
1647964 James City Co. Fire Dept. v Michael J. Thomas, etc 01/07/1997
employer's evidence failed to rebut statutory presumption (SA)
1732961 Dept. of Health/Commonwealth v Joanne Butler Keene 01/07/1997
injurious exposure to asbestos (SA)
1814962 Rick Eugene Dudley v Paramount's Kings Dominion 01/07/1997
no error in denying change in condition application (SA)
1860963 Murray Electrical, et al. v Patricia Ann Crawford 01/07/1997
injury by accident arising out of employment, etc. (SA)
1918963 Ronnie Hawkins v Har Lee Coal Co., et al. 01/07/1997
disability not causally related to compen. injury by accid. (SA)
1947964 Deborah Lynn Hinkle v Rocco Farm Foods, etc, et al 01/07/1997
claimant failed to prove continued disability
1972963 Steel Fab, Inc., et al. v Daniel L. Keith 01/07/1997
injury by accident arising out of employment, etc. (SA)
1986952 Wayne Gibson Weis v Commonwealth 01/07/1997
no error in refusing withdrawal of waiver for a jury trial
2047962 Christopher Thevathasan v Advance Machine, et al. 01/07/1997
disability not causally related to compen. injury by accid (SA)
2640952 Corbet L. Banks, etc. v Commonwealth 01/07/1997
sentence exceeded allowable range
0515963 Timothy James Silvester v Susal Lee Silvester 12/31/1996
spousal support, custody, equitable distribution
0815954 Thomas Franklin Hohman v Commonwealth 12/31/1996
no error in trial, conviction or jail sentence in defend. absence
1104962 Westvaco Corporation v Carl Edward Linkenhoker, Sr 12/31/1996
statute of limitations time barred claim
1119963 Goodyear Tire, etc. et al. v Samuel R. Taylor 12/31/1996
injury arising from employment
1489953 Kathy Hodges Carter v Commonwealth 12/31/1996
evidence proved requisite intent to embezzle
1552952 Alan Michael Jackson v Commonwealth 12/31/1996
sufficient evidence to prove intent to embezzle, etc.
2073951 Patrick Kirk Scarborough v Commonwealth 12/31/1996
no error in refusing to vacate conviction for new evidence
2387952 Arthur Lee Montague v Commonwealth 12/31/1996
evidence lawfully obtained, possession of herion
2476951 John Leroy Bond v Commonwealth 12/31/1996
suffic. evid. to support convict: poss. of firearm by felon
2538953 Gary Wayne Desper v Commonwealth 12/31/1996
no error in admitting evidence of alleged prior bad act
2755953 Raymond Franklin Moore, Jr. v Commonwealth 12/31/1996
sufficient evidence to prove possession of a firearm
2777953 Crawford Leon Hairston v Commonwealth 12/31/1996
related misdemeanor & felony offenses prosecuted simultaneously
1997963 Food Lion, Inc. v Ruby Jean Kennedy 12/30/1996
medical treatment causally related to compensable injury
0995962 Raymond K. Covington v Edwina A. Covington 12/17/1996
Spousal support, child custody, equitable distribution
1005964 Schuller International, Inc. v Ronald E. Painter 12/17/1996
claimant unable to perform pre-injury work (SA)
1254961 Wilhelmenia Lee v City of Portsmouth School Board 12/17/1996
failure to prove injury by accid. arising out of employment (SA)
1531962 Edward C. Pembelton v Charlotte B. Pembelton 12/17/1996
equitable distribution (SA)
1568963 Katiecorp, Inc., et al. v Tina Wade 12/17/1996
compensable injury by accident (SA)
1604963 Fenco, Inc., et al. v David W. Bottenfield 12/17/1996
no error in refusing to vacate award/amend aver. weekly wage (SA)
1627963 Kenny's Construc., Inc. et al. v Roger W. Richards 12/17/1996
no error in award (SA)
1696962 County of Chesterfield v Arthur L. Scott 12/17/1996
disability causally related to injury by accident (SA)
1721964 Shoppers Food, et al. v John Mafis Godfrey, Jr. 12/17/1996
compensable change in condition (SA)
1821963 Katiecorp, Inc., et al. v Tina Wade 12/17/1996
no error in denial of benefits (SA)
1961961 Delphina Avin v Energy Services, Inc., et al. 12/17/1996
carpal tunnel not qualified as compen. occupational disease (SA)
2027964 June B. Henson v Culpeper Health Care, etc., et al 12/17/1996
condition doesn't qualify as compen. occupational disease (SA)
2028961 National Center, etc. et al v Charlotte A. Webster 12/17/1996
symptoms causally related to compensable injury by accid. (SA)
2213951 Gary Jerome Palmer v Commonwealth 12/17/1996
possession of cocaine with intent to distribute, etc.
0035961 Stephen James Morrison v Commonwealth 12/10/1996
no error in conviction of willfully/negligently endangering child
0358961 Lisa Elaine Irwin Cruz v Allen Keith Cruz 12/10/1996
no error in denying motion seeking 3rd paternity blood test (SA)
0607953 Donald Jeffrey Joseph v Commonwealth 12/10/1996
no error in admitting breath alcohol analysis certificate, etc.
0608953 Jeffrey Wayne Hodges v Commonwealth 12/10/1996
no error in admitting breath alcohol analysis certificate
0752962 Bryant Heating, etc. et al. v John C. Powers 12/10/1996
injury by accident arising out of and in course of employment
0944963 John Jay Flanner v Betty Harris Flanner 12/10/1996
spousal support (SA)
1268961 Sandler Foods, et al. v Allen L. Grays 12/10/1996
letter sufficient to advise parties of pending claim
1273961 Uninsured Emp. Fund v Clara Annette Thrush, et al. 12/10/1996
no error in calculating average weekly wage (SA)
1370963 David Allen Artrip v Kerns Bakeries, Inc., et al. 12/10/1996
no error in terminating claimant's benefits
1469962 Interbake Foods, Inc., et al. v Ronald Feltner 12/10/1996
injury by accident arising out of/in course of employment (SA)
1540963 Jesse E. Bowling, Jr. v P & G Oil Corp., et al. 12/10/1996
no error in denying comp. benefits; independent contractor (SA)
1595962 Cecil V. Brown, et al. v James Randolph Jenkins 12/10/1996
no error in award
2113962 Sonja Lynn Williams v Burger King, et al. 12/10/1996
failure to prove disability causally related to accident (SA)
2557951 Quanti M. Evans, etc. v Commonwealth 12/10/1996
detention violated 4th Amend.; error in admitting seized evidence
2757954 Peter P. Schlenk v Aileen G. Schlenk 12/10/1996
child support
0176961 Danny Lopez Martinez v Commonwealth 12/03/1996
no error in denying jury instruction on claim of right defense
1628963 Falls Church Construct, et al. v Robert C. Laidler 12/03/1996
no misrepresentation on job application
2504952 Donald D. Lewis, etc. v Commonwealth 12/03/1996
suffic. evid. to support convict: malicious setting fire to jail
2876952 Troy L. Parham v Commonwealth 12/03/1996
conviction did not violate ex post facto clause, etc.
2998952 Susan Cone Scott v Frederic W. Scott, Jr. 12/03/1996
no error in denying motion for increase in spousal support
0325961 Benjamin Brothers, Jr. v Commonwealth 11/26/1996
insufficient evidence to prove larceny
0829962 Town of Ashland, et al. v Robert Joseph Hendrick 11/26/1996
town estopped from raising statute of limitations as a claim bar
0943963 Debra R. Sutherland v Dennis B. Sutherland 11/26/1996
no error in spousal support reduction (SA)
0978962 Associated Building, etc. et al. v Roy Frank Blair 11/26/1996
no abuse of discretion when dismissed claim without prejudice
0981964 Ronald W. Tschippert v Elizabeth M. Tschippert 11/26/1996
equitable distribution (SA)
1017963 B.K. Cruey v Shirley Ann Laymon 11/26/1996
spousal support, equitable distribution (SA)
1029963 Reynolds Metals Co., et al. v Sharon Shifflett 11/26/1996
injury arose out of employment
1114963 Augusta Co. Sheriff's Dept et al v Patrick Overbey 11/26/1996
occupation contributed to disease (SA)
1145961 VA Dept. of Transportation v Franklin D. Meade 11/26/1996
payments made under Workforce Transition Act not considered wages
1146962 Virginia Commonwealth University v Richard Edmunds 11/26/1996
payments made under Workforce Transition Act not considered wages
1155963 Ora G. Harris v West Point Pepperell, et al. 11/26/1996
failure to prove injury by accident, etc. & occupat. disease (SA)
1164964 Jourdean Sarah Lorah v Rod Harris, etc., et al. 11/26/1996
statute of limitations barred appeal review (SA)
1169964 Huntley Farms, et al. v Randolph S. Kendrick, Sr. 11/26/1996
inj. by accident arising out of & in course of employment (SA)
1187963 Washington Co Sheriff's Dept et al v Robert Turner 11/26/1996
occupation contributed to disease (SA)
1257961 Norfolk Shipbuilding, etc. v Arthur J. Robinson 11/26/1996
injury by accident in the course of employment
1300963 American Longwall Mining, et al v Larry W. Hopkins 11/26/1996
justified refusal of selective employment (SA)
1418963 Lebanon Police Dept. et al v Albert Vernon Coleman 11/26/1996
occupation contributed to disease (SA)
1430961 Ralph Weldon Ward, Jr. v Tidewater Sand Co., et al 11/26/1996
failure to market residual work capacity (SA)
1532964 Masoumeh Macy Askari v Montgomery Ward & Co. et al 11/26/1996
failure to prove disability resulted from work-related acc. (SA)
1619954 Henry E. Thomas, IV v Marian M. Thomas 11/26/1996
divorce (grounds), spousal support, equitable distribution, etc.
2074953 Leroy McKinley Spencer, Jr. v Commonwealth 11/26/1996
sufficient evidence to support convicts: robbery & use of firearm
2715952 Julius M. Martin v Commonwealth 11/26/1996
no error in denying motion for continuance, jury instruction, etc
2733951 Alvin Jerome Patterson v Commonwealth 11/26/1996
no error in not admitting evidence re: witness impeachment
2907952 Milton Norris Turner v Commonwealth 11/26/1996
failure to prove distribution of cocaine
0137964 Keith D. Parish v Mary Beth Spaulding 11/19/1996
child custody (SA)
0556964 Alice Waggle v John M. Lang & Susan A. Lang, etc. 11/19/1996
claimant not an "employee" covered under VWCC Act
0557964 Shelley Martin v John M. Lang & Susan A. Lang, etc 11/19/1996
claimant not an "employee" covered under the VWCC Act
0720963 Revco Drug Stores, et al. v Diane Bruening 11/19/1996
injury by accident arising out of and in the course of employment
1274951 John Raymond Langowski v Commonwealth 11/19/1996
no error in convictions of petit larceny and malicious wounding
2218954 Susan M. Stephens v Dale Edward Warren 11/19/1996
custody and child support
2259951 Marvin Trevel Owens v Commonwealth 11/19/1996
appellant knowingly waived rights to counsel when giving statemnt
2549952 Stephen A. Eisenberger v Suzanne S. Eisenberger 11/19/1996
divorce decree, property settlement
0396964 Donna Ware Diehl v William F. Diehl 11/12/1996
divorce decree, equitable distribution, attorney's fees
0765964 Martha C. Twinam v Timothy W. Twinam 11/12/1996
property settlement agreement amendment (SA)
0806961 Tidewater Construction, et al v William H. Pretlow 11/12/1996
claimant incompetent when approved settlement
1027963 New River Castings, et al. v Kevin C. Hurst 11/12/1996
injury by accident, causal connection between accident & injury
1107961 Household Credit Services et al v Laverne Lawrence 11/12/1996
disability causally related to compensable injury/accident (SA)
1147963 Augusta Correc. Center, et al. v Wanda L. Bazzrea 11/12/1996
no error in denying employer's change in condition app. (SA)
1149963 Kevin C. Hurst v New River Castings, et al. 11/12/1996
failure to market residual work capacity
1150963 Hong Ki Min v Sheila Ann Allen Min 11/12/1996
insufficient evidence to prove cohabitation (SA)
1186963 Monique Louise Bryant v Fieldcrest Cannon, Inc. 11/12/1996
claim not timely filed (SA)
1247963 In Re: James B. Feinman 11/12/1996
no violation of due process; attorney's fees
1634963 Wrangler/VF Corp. v Bonnie Mae Woodward 11/12/1996
disability causally related to injury by accident
2774954 Donald A. Barnes v Winifred K. Barnes 11/12/1996
no error in deferring custody determination to Colorado courts
2970951 Derrick T. Kelly, etc. v Commonwealth 11/12/1996
sufficient evidence to support conviction; possession of heroin
0191961 Eddie Robertson, etc. v Commonwealth 11/05/1996
insufficient evidence to prove entrapment
0464961 Susan Lorayne Long-Molnar v Robert Klor Dean 11/05/1996
no error in granting petition to change child's last name
0528964 Computer Sciences Corp., et al. v Emma J. Baughman 11/05/1996
injury by accident arising out of employment
1662961 Ford Motor Company v Lance Lansden 11/05/1996
credible evidence to support physical impairment
1947951 Jermaine B. Jones v Commonwealth 11/05/1996
jury instruction incorrect, but harmless
2239954 Tyrone Edgar Waters v Commonwealth 11/05/1996
search and seizure legal
2398952 Noel Floyd Earley v Commonwealth 11/05/1996
lawful search and seizure
2402951 Waverly G. Hawkins v Commonwealth 11/05/1996
sufficient evidence to support cocaine possession conviction
2506951 McQuay John Kiah v Commonwealth 11/05/1996
sufficient evidence to support mailcious wounding, assault conv.
2599954 Samuel Wise Chang v Commonwealth 11/05/1996
unlawful distribution of anabolic steroids, etc.
2639943 Everette Lee Beverly v Commonwealth 11/05/1996
no proof of jury misconduct, no error in jury instruction, etc.
2798951 Robert L. Parker v Commonwealth 11/05/1996
constructive possession of weapon by inmate
2918951 Carey Karron Davis v Commonwealth 11/05/1996
sufficient evidence to prove receipt of stolen property, etc.
0143964 John David Pellegrin v Diane L. Bingman Pellegrin 10/29/1996
Property, Custody & Support Settlement Agreement
0160964 Linda Ann Bauckman v Vernon A. Bauckman 10/29/1996
equitable distribution
0721962 Kyu H. Lee, etc. v Lea Ane Beaver, etc. 10/29/1996
insufficient evidence to prove willful violation of safety rule
0924964 Super Fresh, etc. v Hilda T. Robinson 10/29/1996
compensable injury by accident
1202964 J&F Services, Inc., et al. v Jose V. Villatoro 10/29/1996
injury by accident arising out of & in the course of employment
1691954 Stephen Clyde Mottern v Commonwealth 10/29/1996
no error in denying motion for continuance
2709952 Carneal Crewe, etc. v Commonwealth 10/29/1996
insufficient evidence to support conviction:brandishing a firearm
0463964 R. L. H. v R. D. H. 10/22/1996
notice of appeal from custody decision not timely filed
1086952 Derrick S. Hines v Commonwealth 10/22/1996
no error in admitting post-arrest statement re: unrelated offense
1730951 Virginia Ann Ewell v Commonwealth 10/22/1996
no error in denying suppression motion
2407952 Sharone Deni Biosseau v James Maurice Scott 10/22/1996
physical custody award
2897954 Vincent Lloyd Virgil Staup v Commonwealth 10/22/1996
no error in using prior W.Va. convict. in habit. offend. adjudic.
1103963 Brenda Sue Trail v. Rallys, et al. 10/15/1996
no error in limiting benefits (SA)
1393953 Ronnie James Goode v Commonwealth 10/15/1996
sufficient evidence to prove intent to distribute cocaine
1732953 Robert Layton Stockdale v. Commonwealth 10/15/1996
no violation of Miranda rights
1987952 Michael J. Cartier v. Commonwealth 10/15/1996
sufficient evidence to prove burglary and larceny
2268951 Richard Dwight Hite, Jr. v Commonwealth 10/15/1996
no error in transfer from JD&R to circuit court
2281952 Kevin Johnson v Commonwealth 10/15/1996
a rehearing en banc granted on 10/11/96
2809953 Buchanan Co. Pub. Serv. Authority v Cecil Robbins 10/15/1996
no error in temporary total disability benefits
0598961 Adrian L. McGowan v Deborah P. McGowan 10/08/1996
spousal support (SA)
0637963 David Ware Riley v Connie Pugh Riley 10/08/1996
spousal support (SA)
0896964 Southland Corp., etc, et al. v Nazim Ali Alvi 10/08/1996
sufficient medical evidence to prove disability (SA)
1001962 Robert Douglas Clark v Fluor Daniels, etc. et al. 10/08/1996
no error in terminating compensation benefits (SA)
1071963 Cavalier Mining, et al. v David E. Mullins 10/08/1996
injury disabled claimant from performing pre-injury job (SA)
1090961 Gloria Jackson Hicks v nView Corporation, et al. 10/08/1996
injury by accident claim time barred (SA)
1492953 Darrell Roosevelt Layne v Commonwealth 10/08/1996
no error in finding truck not place of abode
1900951 William Eric Bolton v Commonwealth 10/08/1996
tc erred in reinstating guilt finding after setting verdict aside
2569954 Bruce Patrick McClure v Margaret Susan McClure 10/08/1996
spousal support
0101963 Micro Computer World, et al. v Gene F. Niemcewicz 10/01/1996
no error in average weekly wage calculation
0270961 Donald Valcolen Frew v Patricia Chadwick Frew 10/01/1996
divorce decree
0479964 Jerry C. Pate v Barbara R. Pate, etc. 10/01/1996
equitable distribution (SA)
0481964 Michael R. McElroy v. Sandra W. Cooke, etc. 10/01/1996
child support (SA)
0510963 Tyson Foods, Inc. v Carolyn Eleanor Payne-Marshall 10/01/1996
claimant released to light duty work
0928961 William G. Luke v TruGreen Chemlawn, et al. 10/01/1996
unjustified refusal of selective employment (SA)
0931964 Wells Farge, et al. v Judy Walker-Reynolds 10/01/1996
disability causally related to compen. injury by accident (SA)
0937961 Hall Ford, et al. v Randy Franklin Edgerton 10/01/1996
employer responsible for medical treatment (SA)
0946963 Goodyear Tire, etc., et al. v Willie R. Moore 10/01/1996
no error in untimely notice of injury by accident (SA)
1023964 Linda Lee Smith v Alexandria Metal Finishers, etal 10/01/1996
condition not an occupational disease
1040963 Grace E. Falls v VA Mennonite Retirement, et al. 10/01/1996
failure to prove conditions resulted from inj. by accident (SA)
1545954 Emory Allen Addison v Commonwealth 10/01/1996
no error in ruling DUI arrest legal
1959953 Joseph William Lamont Davis v Commonwealth 10/01/1996
sufficient evidence to support conviction: malicious wounding
2081954 United Airlines v Maureen Cogburn 10/01/1996
failure to prove condition is causally related to employment
2162951 Rommel Castro Eleccion v Commonwealth 10/01/1996
no error in conviction of possession of concealed weapon
2246951 Barry E. Sollars v Commonwealth 10/01/1996
voluntary manslaughter, possession of cocaine, etc.
2382953 Brandon v City of Danville DSS 10/01/1996
termination of parental rights
2596954 Dennis Lee Feltner v Commonwealth 10/01/1996
possession of cocaine with intent to distribute
0208961 Vane E. McRae v Helen A. McRae 09/24/1996
divorce (grounds) and sanctions (SA)
0517953 Henry Coon Davis, etc. v Commonwealth 09/24/1996
failure to provide exculpatory evidence not grounds for new trial
0862962 Michael Ray Manes v TCB Construction, et al. 09/24/1996
condition not causally related to injury by accident (SA)
1041952 Thomas Cole Pegram v Commonwealth 09/24/1996
no violation of Fourth Amendment rights
1042952 Victor Blaine Lynch v Commonwealth 09/24/1996
no violation of Fourth or Fifth Amendment rights
1414963 Hubert Chambers v Bridgeport Piedmont, et al. 09/24/1996
condition not an occupational disease (SA)
1555951 Richard Earl Askew v Commonwealth 09/24/1996
sufficient evidence to support conviction of assault & battery
2622951 Kenneth Neil Barnett v Commonwealth 09/24/1996
convicted of A&B on an indictment charging felony child abuse
2861951 Wilbur L. Martin, Jr. v Commonwealth 09/24/1996
sufficient evidence to support conviction: possession of cocaine
0753961 Graham N. Sword v Sharon Ann Sword 09/17/1996
child custody (SA)
0910961 Raymond Joseph Tracy v George L. Coleman, et al. 09/17/1996
claimant failed to prove injury by accident (SA)
1554954 Jose Juan Carcamo v Commonwealth 09/17/1996
distribution of cocaine
2958953 Videl C. Pizzino v J. Dillard Hutchens, et al. 09/17/1996
employee voluntarily left work without good cause
0044962 Keith S. Davis v Commonwealth 09/10/1996
fingerprint suffic. evid. to sustain convicts B&E & grand larceny
1890952 Gordon Michael Donawa, etc. v Commonwealth 09/10/1996
no error in allowing testimony re: prior statements by witness
1892952 Alice Virginia Riggs v Commonwealth 09/10/1996
lack of evidence to sustain convict for endangering live of kids
1745952 Beniah Abel Allen v Commonwealth 09/03/1996
admission of heroine addiction irrelevant and prejudicial
1819943 Bryan Keith Johnson v Commonwealth 09/03/1996
no error in conviction of voluntary manslaughter
0003962 Patrick Hall v Commonwealth 08/27/1996
insufficient evidence to prove constructive possession of cocaine
0725961 Testing Spec., Inc. et al. v Carlos Molyneaux 08/27/1996
Injury by accident out of employment (SA)
0755963 Town of Bluefield, et al. v Jack W. Asbury 08/27/1996
application not barred by statute of limitations (SA)
1884952 Andrew Lewis Adams v Commonwealth 08/27/1996
sufficient evidence to prove agreement to distribute cocaine
2512943 Stacey Jay Brown v. Commonwealth 08/27/1996
roadblock did not violate Fourth Amendment rights
0333963 Mountain Lake, et al. v Raymond O. Meredith 08/20/1996
injuries arose out of employment (SA)
0635964 Safeway Stores, Inc. v Eileen Brown 08/20/1996
neuroma does not qualify as occupational disease (SA)
2093951 Carl A. Barrs v Alice C. Barrs 08/20/1996
no error in spousal supprt award......................
0070961 Russell E. Swanson v Madeline C. Swanson 08/13/1996
no error in determining marital share, spousal support (SA)
0458963 Roger A. Mayhew v The Lane Company, Inc. 08/13/1996
Claimant failed to prove injury through employment (SA)
0504963 Robert George Woodward v Hardee's, etc. 08/13/1996
accident did not arise out of employment (SA)
0599963 Wellmore Coal Corp. et al. v William Michael Ling 08/13/1996
claimant unable to return to pre-injury work (SA)
1382952 Danny Lavon Gayles v Commonwealth 08/13/1996
evidence obtained violated 4th amendment
0010954 David P. Markva v Commonwealth 08/06/1996
no error in denying motion to quash indictment
0031964 Owen Riley Boone, MD v Loudoun Surgical etc, et al 08/06/1996
claimant failed to prove condition resulted from employment (SA)
0338963 Charles Alan Staton v Thomas E. Conner, etc, et al 08/06/1996
injury by accident did not arise out of employment (SA)
0353963 Reynolds Metals Co., et al. v Ralph Allen Frye 08/06/1996
claimant unable to return to pre-injury work (SA)
0392962 Commonwealth v Joanna Rodriguez 08/06/1996
consent to search not voluntary
0393962 Commonwealth v Placido Jeffrey Nunez, etc. 08/06/1996
consent to search not voluntary
1504952 Lamont Eugene McCord v Commonwealth 08/06/1996
no error in refusing motion to suppress evidence
1636954 Robert H. DeWitt v Donna D. DeWitt 08/06/1996
equitable distribution..........................................
1846952 Omar Vincent Craddock v Commonwealth 08/06/1996
no error in jury instruction
2807951 James Edward Germek v Marsha K. Germek 08/06/1996
divorce decree/child and spousal support
0193952 Raymond Wesley Salmon v Commonwealth 07/30/1996
no error in denying motion to suppress evidence
0228964 Casey H. Stamper v Williams Industries, Inc, et al 07/30/1996
no error in decision (SA)
0301964 Thomas H. Cho, et al. v Dept. Prof. Real Estate 07/30/1996
no violation of due process, etc. (SA)
0605953 American Furniture Company v Patricia M. Foster 07/30/1996
order withdrawing previous opinion, dated 2/27/96
1336952 Mary Frances Warwick v Commonwealth 07/30/1996
sufficient evidence to prove 2nd degree murder
1416951 Norfolk Shipbuilding, etc, et al v Donald Umphlett 07/30/1996
order withdrawing previous opinion, dated 2/27/96
2115952 Eunice Pauline Todd v James Edward Todd 07/30/1996
ruling not excepted to in trial court (SA)
2412942 Christopher Torian v Commonwealth 07/30/1996
trial was timely & no error in nunc pro tunc order
0092963 Lynchburg Foundry Co, et al. v Richard W. Parks 07/23/1996
condition causally related to injury by accident (SA)
0363963 Robert Kelly Blum v VEC and City of Bedford 07/23/1996
claimant discharged for work related misconduct (SA)
0493951 Jeffrey Nelson Riddick v Commonwealth 07/23/1996
no violation of speedy trial rights
0519961 John Daniel Grantham v B&S Landscaping, Inc, et al 07/23/1996
no specific questions presented on appeal (SA)
0596953 Gary Lee Sloas v Babcock & Wilcox, etc., et al. 07/23/1996
employer proved claimant able to perform preinjury employment
0663952 Vaughan Monroe Cunningham v Novella Cunningham 07/23/1996
divorce decree/spousal and child support/equitable distribution
0757964 Safeway Stores, Inc. v Jensie Joanna Pope 07/23/1996
carpal tunnel syndrome
1547953 Goodwill Industries, etc. et al. v Faye H. Easley 07/23/1996
evidence supports reimbursement for medical treatment
1717952 Dwayne Ronald Harley v Commonwealth 07/23/1996
error in sentencing hearing
1943951 Robert Lee Boley v Commonwealth 07/23/1996
insufficient evidence to support convictions
2740954 Richard J. Myers v Jennifer D. Myers 07/23/1996
no error in child custody award (SA)
0112964 Rockingham, etc., et al. v Deborah Ann Eye, et al. 07/16/1996
employer failed to prove willful misconduct (SA)
0582951 George Coleman Hudgins v Commonwealth 07/16/1996
sufficient evidence to show intent
1853951 Leroy Leo Edmunds, Jr. v Commonwealth 07/16/1996
lawful seizure of drugs
2238953 Albert K. Breeding v Janet D. Breeding 07/16/1996
error in calculation in arrearage amount
2445951 Virginia Bonds v Marvin Anderson 07/16/1996
no error in custody award
2637953 Franceon A. Ford v C.M. Offray & Son, Inc., et al. 07/16/1996
carpal tunnel syndrome not compensable occupational disease
2639954 Jennifer Lynn Bartlett v Anthony Dean Rennier 07/16/1996
divorce decree and spousal support
2762951 Jose Martinez v Commonwealth 07/16/1996
seizure of evidence lawful
2801953 Stephen M. Smith v Judy Chaffin Smith 07/16/1996
spousal support (SA)
2839952 Janet Marshall Taylor v Edwin Cooke Taylor 07/16/1996
divorce decree (SA)
2921953 Herman Norris Elliott v Josephine A Jacobs Elliott 07/16/1996
no error in spousal support and attorney's fees awards
2964953 Coeburn-Norton-Wise, etc v Daniel Jay Sexton 07/16/1996
WCC erred in finding credible evidence to prove injury by accid.
3002954 Glenn R. Miller v Margaret R. Miller 07/16/1996
no error in contempt finding (SA)
3024952 Louisa Public Schools, et al. v Grover L. Bradley 07/16/1996
no error in ruling injury arose out of accident through employmnt
0282963 Commonwealth v David Wayne Hall 07/15/1996
statements violated Sixth Amendment right to counsel
0118961 Mary Ellen Guilfoyle v Joseph Charles Guilfoyle 07/09/1996
no error in spousal support and attorney's fees award
0192952 Jermaine Thomas v Commonwealth 07/09/1996
no error in refusing to suppress evid: search was consensual
0237952 Charles J. Perry v Commonwealth 07/09/1996
sufficient evidence to support convicts of robbery, assault, etc.
0487964 Pub. Broadcasting Serv., et al. v Mary Pax-Shipley 07/09/1996
WCC erred in finding condition occupational disease
0640962 Commonwealth/Dept. of Soc. Serv. v Virginia Tyson 07/09/1996
WCC erred in finding carpal tunnel syndrome occupational disease
0843951 Matthew Douglas Harley v Commonwealth 07/09/1996
evidence established the requisite malice for convictions
1178952 Ernest Clinton Robinette v Commonwealth 07/09/1996
sufficient evidence to support conviction of dui
2075951 Juanita V. Grove v Irving D. Grove, Sr. 07/09/1996
tc erred in failing to consider evidence presented by wife
2085951 Joel Scott Shook v Kathleen Ann Shook 07/09/1996
divorce decree/child custody and support (SA)
2638952 Uninsured Employer's Fund v George Barnett, et al. 07/09/1996
no error in finding company not statory employer
2731954 Frank S. Mullin, III v. Shirley N. Mullin 07/09/1996
no error in denying motion to reduce child support (SA)
2902952 William A Hawthorne, et al v George Barnett, et al 07/09/1996
WCC erred in determining employee status
2920951 Philip Morris USA, et al. v Brenda Jean Armstead 07/09/1996
claimant proved injury arose out of employment
3010953 Renfro Corp., et al. v Rita D. Collins 07/09/1996
no error in award (SA)
0029961 City of Portsmouth v George Grant, Sr. 07/02/1996
evidence supports injuries resulted from employment
0161953 Harlan L. Wilson v Council of the Town of Chatham 07/02/1996
defendant voluntarily left employment
0246961 Sentara Home Care Services, et al v Daisy Garland 07/02/1996
claimant proved injury was result of employment
1040952 Gary John Wagstaff v Commonwealth 07/02/1996
sufficient evidence supports convictions attempted abduction, etc
1137953 Lillie Kelly Rice Mattox v Commonwealth 07/02/1996
no error in conviction of fraudulently obtaining public assistnce
1159952 Richard Lee Carter, Jr. v Commonwealth 07/02/1996
evidence was illegally seized; tc erred in admitting
1175951 Dwayne M. Reid v Commonwealth 07/02/1996
transfer of papers to circuit court from JDR not jurisdictional
1262951 Michael Hanes, etc. v Commonwealth 07/02/1996
no error in denying motion to suppress evidence, etc.
1543954 Lynn B. Haack v Fairfax County 07/02/1996
no error in admitting certificate of analysis
1721953 Steven Brently Parker v Commonwealth 07/02/1996
evidence supports grand larceny conviction
1849941 Jose C. Blake, etc. v Commonwealth 07/02/1996
no error in jury trial convictions robbery, firearm use in felony
2325951 F&S Electric, etc. et al. v Bernard L. O'Hara 07/02/1996
no error in interpretation of release
2618952 William L. Smith v Cheryl H. Smith 07/02/1996
error re provisions for life insurance policies in prop. settlmnt
2638941 Doris Lucress v Commonwealth 07/02/1996
no error in allowing voice identification & statement to police
2643953 City of Roanoke v Ronald F. Renick 07/02/1996
condition is occupational disease resulting from employment
2734953 Tultex Corporation, et al. v Jim Henry Stanley 07/02/1996
evidence supports injury by accident through employment
2819953 Eugene Zincke, et al. v Jane Rohrer, et al. 07/02/1996
no error in awarding custody of child to Social Services
3012953 Yokohama Tire Corp., et al. v Karen C. Blankenship 07/02/1996
evidence supports award of medical costs
0047961 Elco Concrete Co., Inc., et al. v David Tracy 06/25/1996
employer failed to show intoxication proximate cause of accident
0059962 E.I. Dupont, etc. v Frederick Jackson Mize, Jr. 06/25/1996
current condition aggravation of injury by accident
0222953 Winfred Earl Williams, Jr. v Commonwealth 06/25/1996
tc erred in declaring appellant habitual offender
0298961 Commonwealth v Eddie D. Johnson 06/25/1996
seizure not a violation of Fourth Amendment
0397963 Franklin City PW, et al v Haywood Riddick 06/25/1996
error in finding hearing loss qualifies as occupational "disease"
1250943 Hubert Garl Mullins v Commonwealth 06/25/1996
tc erred in admitting evidence, etc.
1437951 Carrie S. Barnhill v City of VA Beach, ex rel. etc 06/25/1996
no error in termination parental rights
1558951 Richard Backus, III v Commonwealth 06/25/1996
tc erred in failing to grant motion to sever
1774952 Mays Tate, Jr. v Commonwealth 06/25/1996
tc erred in allowing introduction of evidence of other crimes
1897952 Randall Lee Norton v Commonwealth 06/25/1996
insufficient evidence to support conviction: possession/cocaine
2133951 Deborah Williams v Commonwealth 06/25/1996
no error in grand larceny and felony destruction of private prop.
2763951 Kenneth C. Umstead v Virginia K. Umstead, etc. 06/25/1996
spousal support (SA)
2983951 Lucille St. Clair v Browning-Ferris Industries 06/25/1996
claimant failed to prove injury by accident (SA)
0290963 Nielsen Construction Co et al v Arnold Lester Cook 06/18/1996
carpal tunnel not defined as occupational disease
0449963 Wampler-Longacre, et al. v Shirley M. Young 06/18/1996
trigger thumb not defined as occupational disease
0450964 Samuel Richardson v Concrete Walls, Inc., et al. 06/18/1996
application not timely filed, etc.
1248954 Alvin Edward Nieder v Myeong Yae Nieder 06/18/1996
divorce decree/spousal & child support/equitable distribution
1350953 Goodyear Tire, etc. et al. v Larry D. Lanum 06/18/1996
compensable injury by accident through course of employment
2315952 Murray L. Steinberg v Katherine T. Steinberg 06/18/1996
tc failed to take evidence of issue of visitation
2737953 Lester Ronald Baker v Catherine Anne D. Baker 06/18/1996
no error in classification of property
3019953 John R. Honaker v Virginia Retirement System 06/18/1996
claimnt failed to prove good cause for waiving 90 day filing (SA)
0108963 Great Coastal Express, et al. v Janice Rucker 06/11/1996
no error in award (SA)
0588951 Pamela Flood v Eastern State Hospital 06/11/1996
WCC erred in disqualifying diagnosis of lic. clinical social work
0799951 George Haywood Bell v Commonwealth 06/11/1996
no error in preliminary hearing in general district court
0861952 Demetrius O'Neal Bell v Commonwealth 06/11/1996
sufficient evidence supports convictions: 2nd degree murder, etc.
0862951 Tereence Mack Booth, etc. v Commonwealth 06/11/1996
suff. evid. to support convicts: 2nd degree murder, use of firerm
0912951 Norris S. Harris v Commonwealth 06/11/1996
sufficient evidence to prove constructive possession of cocaine
0983951 David Lamont Mack v Commonwealth 06/11/1996
no error in admitting evidence of other charge
1074951 Terry S. Barksdale v Commonwealth 06/11/1996
no error in convictions: attempted robbery, use of firearm, etc.
1412951 Stephen Schaffer Barett v Commonwealth 06/11/1996
no erron in convict: poss of heroin in violation of Code 18.2-250
1574952 Glenn Everette Small v Commonwealth 06/11/1996
no error in summarily denying motion to set aside verdict, etc.
2270951 Denise V. Siegfeldt v Virginia Employment Comm 06/11/1996
no error in dismissal of petition, failure to file timely, etc.
2365953 Paul Allen Mason v Wytheville Golf Club, et al. 06/11/1996
no error in denying change in condition application (SA)
2518944 Michael Joseph Abolzadeh v Commonwealth 06/11/1996
no error in grand larceny instruction to jury, etc.
2690951 Constance M. Davis v John E. Davis 06/11/1996
divorce decree/spousal support
2820951 James G. Calmes, Jr. v Teresa H. Calmes 06/11/1996
no error in awarding wife share of personal injury award (SA)
2929953 Federal Mogul, etc. et al. v Ernest L. Quesenberry 06/11/1996
claimant proved maximum medical improvement (SA)
2933953 C&S Sovran Corp., et al. v Sally Stevens 06/11/1996
no error in award (SA)
2877954 Commonwealth v Bernard Payne 06/07/1996
tc erred in dismissing felony charge
0748954 David Eugene Petruska v Commonwealth 06/04/1996
no error in overruling motion for Judgment of Acquittal
0967952 Clarence Duke v Commonwealth 06/04/1996
failure to raise appealed issue at trial bars consideration
1365954 Ronald Charles Crabtree v Commonwealth 06/04/1996
defective jury instruction
1511954 Mary Ryder Brett v Lawrence G. Brett 06/04/1996
child and spousal support (SA)
1790954 Brent Arthur M. Whitaker v Commonwealth 06/04/1996
no error in jury instruction or sentencing
2379953 VA Forklift, Inc. et al. v Raymond J. Powlick 06/04/1996
no error in denial of application for a change of condition
2383954 Michael D. Labranche v Rene Joy Labranche 06/04/1996
no error in ordering payment of spousal support & marital debts
2413952 Howard Charles Robenolt, etc. v Commonwealth 06/04/1996
sufficient evidence to prove burglary
2446954 Debra Ann Brugger v Roger L. Brugger 06/04/1996
divorce decree/equitable distribution
0460952 Williw Albert Price v Commonwealth 05/28/1996
no error in admitting breath analysis certificate
1495952 Marlo Jermaine Owen v Commonwealth 05/28/1996
insufficient evidence to prove value of stolen items > $ 200.00
1579952 Gordon Michael Donowa, etc. v Commonwealth 05/28/1996
sufficient evidence to prove perjury (Code 18.2-434)
1758954 Preston Mills, Jr. v Commonwealth 05/28/1996
no error in admitting hearsay evidence, etc.
1845952 Oliver Milton Basnight, etc. v Commonwealth 05/28/1996
no error in revocation of suspended sentence
2985952 Charles A. Finchum v Sears Roebuck & Co., et al. 05/28/1996
no error in denying temporary total disability benefits
0230943 James Junious Chandler, etc. v Commonwealth 05/21/1996
sufficient evidence for conviction based on constructive possess.
0333954 Afaf Kanazeh Mann v Michael Kay Mann 05/21/1996
divorce decree/spousal support/equitable distribution
0576953 Latovia Joel Whitehead v Commonwealth 05/21/1996
no error in allowing spousal testimony
0625954 Darryl Andre Gregory v Commonwealth 05/21/1996
no error in identification procedure
0915953 Clarence Gibson, etc. v Commissioner of DMV 05/21/1996
failure to prove proposed activity complied w/ zoning ordinance
1158954 D. Michael Ingram v Donna Snarr-Ingram 05/21/1996
error in calculating child support
1617954 Jacqueline Miles v Fairfax Co. Dept. of Human Dev. 05/21/1996
no error in terminating parental rights (SA)
2778954 Rene L. Putnam v Safeway, Inc. 05/21/1996
claimant failed to prove disease arose out of employment (SA)
0701952 Daniel Carson Williams v Commonwealth 05/14/1996
no error in admitting evidence of previous sexual abuse
0775951 Prince A. McKinny, etc. v Commonwealth 05/14/1996
no error in refusing withdrawal of guilty pleas
1205953 Prescott Lawrence Henry v Commonwealth 05/14/1996
sufficient evidence to support conviction: possession of cocaine
1214952 Samuel Victor Palmer v Edna Lee Palmer 05/14/1996
equitable distribution/child custody
1316951 Bennie Ward, Jr. v City of Virginia Beach 05/14/1996
no error in accepting guilty plea
1507953 Craig Jerome Morris v Commonwealth 05/14/1996
sufficient evidence to support convic: poss of cocaine w/ intent
1777954 City of Alexandria v D. Eloise Clephas 05/14/1996
no error in award
2009953 Nat. Industrial, etc., et al. v Edward L. Williams 05/14/1996
no error in award
2129953 Woodtech, Inc., et al. v Jeffrey Douglas Collins 05/14/1996
WCC erred in benefits award
2138953 Robert Bruce Jackson v Jean Jackson Harley 05/14/1996
error in requirement to pay college expenses
2178951 Demetrice D. Allen v Newport News Ship, etc. et al 05/14/1996
claimant failed to cure unjust. refusal of selective employment
2290954 Barrie Alan Gillis v Barbara Sweeny Gillis 05/14/1996
spousal support (SA)
2539953 Walker Machine, etc. et al v Ann C. McAlpin 05/14/1996
no evidence to show violation of safety rules (SA)
2614951 Eric Paul Pike v Scott A. Hudson, et al. 05/14/1996
claimant failed to prove injury arose out of employment (SA)
2620951 Ocean Cove, etc., et al. v Stevan Lee Troutman 05/14/1996
no error in award (SA)
2627951 Anne Griffin Miller v County of James City, et al. 05/14/1996
claimant failed to prove disease a result of employment (SA)
2658951 Anthony D. Briggs v Hendricks Guttering Co, et al. 05/14/1996
claimant failed to prove injury arose out of employment (SA)
2708954 Janette Ogle v Nat Assoc of Elem School Principals 05/14/1996
claimant failed to prove injury arose out of accident (SA)
2752954 Woodward & Lothrop, et al v Scott Wayne Talbott 05/14/1996
surgery reasonable and necessary treatment (SA)
2901951 Hilda D. Pillow v Service America Corp., et al. 05/14/1996
claimant failed to prove injury by accident (SA)
0249953 James Edward Clement v Commonwealth 05/07/1996
no error in identification procedures
0694951 Travis May, s/k/a, etc. v Commonwealth 05/07/1996
no error in denying motion to suppress evidence of statements
0821953 Middle Creek Energy, Inc. et al. v Randall Baldwin 05/07/1996
injury by accident through course of employment
0835952 Walter Lee Raines, Jr. v Commonwealth 05/07/1996
sufficient evidence to support convicts: petit larceny & vandalsm
0909954 Frances Denise Hinnant v Commonwealth 05/07/1996
sufficient evidence to support convict: petit larceny
0992953 Mildred F. Gravely v Rappahannock General Hospital 05/07/1996
no error in refusal to reopen record
1256953 Judy Irene Deal Jarrells v Commonwealth 05/07/1996
sufficient evidence to sustain convict: principal to murder
1307951 John T. Poffenbarger v Commonwealth 05/07/1996
no error in revocation of suspended sentence
1784953 Mildred F. Gravely v Rappahannock General Hospital 05/07/1996
no error in denial of claim for change in condition, etc.
1974951 Dorothy Norton v Opton, Inc., et al. 05/07/1996
hearing testimony impeached by prior statements
2025942 Robert Stephen Reynolds v Commonwealth 05/07/1996
sufficient evidence to support convict: grand larceny, B&E, etc.
2134954 Edwin Koo Choy v Yamato Transport USA, Inc., et al 05/07/1996
injury not incidental to employment
2448954 Pamela Susette Parfer Watt v Winston Jeffrey Watt 05/07/1996
no error in modifying visitation schedule (SA)
2651954 Julie Ann Sangster v Triple H Properties, et al. 05/07/1996
no error in refusing to assess penalty against employer (SA)
2791953 Commonwealth v Richard Emmanuel Broggin, Jr. 05/07/1996
no error in granting suppression motion
3008954 Elva Pauline Frye v Leggett, et al. 05/07/1996
indufficient evidence to support claim of change in condition
0012963 Mildred Hackney v MP&M Coal Co., Inc. et al. 04/30/1996
claimant failed to prove injury arose out of employment
0624953 Shelby Jean Camden v VEC & Stonewall Jackson Hosp. 04/30/1996
no error in denying unemployment benefits
0777953 Gene Allen Dodd v Commonwealth 04/30/1996
no error in denying motion to suppress statement
1261953 Larry R. Beard v City of Danville Pub. Works, etal 04/30/1996
no error in denying award of attorney fees
1415953 Robyn Lavine Nenninger v Louis C. Nenninger, III 04/30/1996
no error in denying motion for support arrearages (SA)
1657952 Lewis A. Weis v Natkin & Company, et al. 04/30/1996
insufficient evidence to prove injury causally related to emplmnt
1724953 Warren Lee Chrisman v Commonwealth 04/30/1996
sufficient evidence to support robbery conviction
1961953 Courtaluds, etc., et al. v Joseph D. Ricchetti 04/30/1996
sufficient evidence to support award
2050951 James Richard Boyles v Selina M. Boyles 04/30/1996
no error in granting mother's motion to relocate (SA)
2060953 Rickey A. Maggard v North Fork Coal Corp., et al. 04/30/1996
claimant unjustifiably refused medical treatment, etc.
2518954 USAir, Inc. v James B. Hyman 04/30/1996
no error in dismissing employer's request for review (SA)
2527952 Huss Inc., et al. v Leon E. Adams 04/30/1996
suspension of benes. subject to cure if no wilful misconduct, etc
2654952 Virginia Electric & Power Co. v Robert H. Brice 04/30/1996
credible evidence supports award (SA)
2790953 Commonwealth v Kenneth Lee Mays 04/30/1996
no error in granting motion to suppress evidence
0130953 William Thomas Gibson v Commonwealth 04/23/1996
no error in convictions: forging and uttering public document
0171953 George Andrew Holland v Commonwealth 04/23/1996
no error in denying motion for mistrial
0509953 Flavia Diaz de Tanger v William Henry Tanger, III 04/23/1996
spousal support
0687954 Melvin A. Richardson v Commonwealth 04/23/1996
no error in refusing to suppress evidence
0755953 Marley Mouldings, Inc. et al v Freda W. Rotenberry 04/23/1996
claimant's asthma compensable occupational disease
0791953 Garland Scott Hodge v Commonwealth 04/23/1996
no error in jury verdict
0823953 Utility Trailer, etc et al. v James Arville Prater 04/23/1996
claimant proved causal link b/t disability & work related incidnt
0899953 Diane Marie Dreyer Ribble v Stephen Dexter Ribble 04/23/1996
child support
1104953 Roger Dale Snody v Commonwealth 04/23/1996
error in felony sentencing; evid. supports misdemeanor conviction
1195953 Michael Lynn Willis v Commonwealth 04/23/1996
no error in denying motion for copy of order
1310953 Tony Douglas Huffman v Commonwealth 04/23/1996
no error in felony conviction
1463953 Karen Chanita Powell v Commonwealth 04/23/1996
no error in revoking suspended sentences
1800943 Constance Martin Dillard v Commonwealth 04/23/1996
tc erred in failing to disqualify venireman for cause
2348954 Steven L. Comer v Pamela Parsell Comer 04/23/1996
no error in denying motion to reduce or terminate child supp.(SA)
2447951 Mark Edwards, etc. v Robert Ingalls, et al. 04/23/1996
no error in award (SA)
2498953 Lynchburg City Schools, et al v Snowie A.E. Dalton 04/23/1996
no error in holding employer responsible for medical costs (SA)
0538952 Melvin K. Acors v Commonwealth 04/16/1996
sufficient evidence to prove possession of cocaine
1516954 Robert Hyer Allison v Marleen McBride Allison 04/16/1996
no error in denial of reduction of spousal support
1587952 Mary Cassell Scott v Frederic W. Scott, Jr. 04/16/1996
prenuptual agreement
1963952 Plastic Products, Inc. et al. v Mildred C. Bullock 04/16/1996
WCC erred in award; unexplainable accident
2486953 Linda Joyce Bowers v TRW, Inc., et al. 04/16/1996
no proof of injury by accident through employment (SA)
2909954 Buren Goings v Nat. Society of Pub. Accountants 04/16/1996
no proof of injury by accident through employment (SA)
0431952 Justin Lamont Wilson v Commonwealth 04/09/1996
sufficient evidence to convict for grand larceny
0514951 Neal Joseph Jackson v Commonwealth 04/09/1996
no error in sentencing
0571952 Harold Francis Sheppard v Cynthia Caudle Sheppard 04/09/1996
enforcement of foreign judgment
0638951 John Silas Byard v Commonwealth 04/09/1996
sufficient evidence to support grand larceny conviction
0713951 David T. Vanzant, Jr. v Commonwealth 04/09/1996
no error in denial of motion to withdraw guilty pleas
0716954 Earl A. Terpstra, Jr. v Commonwealth 04/09/1996
breath test results admissable
0846951 Gregory Wiggins v Commonwealth 04/09/1996
sufficient evidence to support armed robbery conviction
0942951 Deon Andre Richardson v Commonwealth 04/09/1996
insufficient evidence for conviction: possession of cocaine
1059951 Clifton Ray Wooten v Commonwealth 04/09/1996
sufficient evidence to support conviction: posses of cocaine
1826951 Rosalyn Mayfield v The Southland Corporation, etal 04/09/1996
claimant failed to prove injury by accident through employment
1875952 Office Max, Inc., et al. v Linda Ann Morehouse 04/09/1996
sufficient evidence supports accidental injury
1978954 John Taylor Brown v Virginia Sue Anderson Brown 04/09/1996
spousal support
2038954 Susan B. Early v M. Thompson Early, Jr. 04/09/1996
separation and property settlement agreement (SA)
2100951 Craig R. Siebel Sr. v Unique Interior Design, etal 04/09/1996
no error in finding claimant independant contractor (SA)
2206951 Herman's Sporting Goods, et al. v Susan Thurmond 04/09/1996
no error in determining average weekly wage (SA)
2243954 Fund for PAID and David Kline v Bernard Nash, etal 04/09/1996
no error in contempt sanction and attorney's fees award
2271954 ATS Service/Accustaff, Inc., et al. v Timothy Gray 04/09/1996
sufficient evidence supports finding of total disability
2355954 Uninsured Employers' Fund v Curtis Mason 04/09/1996
no error in award of temporary total disability
2441954 Timothy Gray v ATS Service/Accustaff, Inc. et al. 04/09/1996
claimant terminated for justified cause
0211952 Hoang Huy Nguyen v Commonwealth 04/02/1996
suffic. evidence to convict on vehicular involuntary manslaughter
0870952 Jerome Evans v Commonwealth 04/02/1996
prior larceny conviction evidence admissable
1323954 Bessie L. Webster v VA Employment Comm., et al. 04/02/1996
claimant voluntarily left employment w/out good cause
1672952 Linda Wytiaz v Edison Brothers Stores, Inc. et al. 04/02/1996
employer not responsible for unauthorized medical treatment
1734954 Mariatou Haidara Diallo v Marriott Corporation 04/02/1996
Code 65.2-602 did not toll 2-year limitations period (SA)
1746952 Virginia State University v Almeaner Gilliam 04/02/1996
Wcc erred in finding compensable injury by accident, etc.
1960942 William L. McKeithan v Commonwealth 04/02/1996
no error in jury instruction
2060942 Alfonso Lawrence Rush, III v Commonwealth 04/02/1996
indictment sufficient to inform of charge
2142954 Stratford, etc., et al. v Phillip Alan Sharp 04/02/1996
no error in award, injury by accident through employment
2240954 Davis H. Elliot Co., Inc et al v Everette L. Price 04/02/1996
no error in award
2631942 Kalvin Donnell Coward, etc. v Commonwealth 04/02/1996
tc did not err in refusing motion to strike evidence, etc.
0581952 Mark Andrew Lankford, etc. v Commonwealth 03/26/1996
DUI conviction barred by related reckless driving conviction
0671952 Linda I. Thomas v Commonwealth 03/26/1996
no error in conviction: making or uttering false/forged prescript
0693952 Shawn Antonio Coles, etc. v Commonwealth 03/26/1996
no error in warrentless search of automobile
1406952 Eastman Kodak Company v Richard R. Stremovihtg 03/26/1996
WCC erred in awarding temp. total disab; no error in med. benefit
1515952 Leslie Boyd v Harold L. Boyd 03/26/1996
divorce decree/equitable distribution
1861954 Donald Ray Scroggins v Catherine M. Scroggins 03/26/1996
spousal support/equitable distribution (SA)
2058942 Alfonso Lawrence Rush, III v Commonwealth 03/26/1996
no error in convict: distribution of cocaine, Code 18.2-248(a)
2168952 Danville School Board, et al. v Thelma H. Chilton 03/26/1996
change in condition related to compensable injury by accident
2212951 William Byrd Reed v Douthtie's Foods, Inc., et al. 03/26/1996
insufficient evid to prove injury by accident (SA)
2254951 Anheuser Busch Co, Inc, et al v John G. Stevens Jr 03/26/1996
sufficient evid to prove injury by accident (SA)
2428942 Robert Mathew Lyne v Commonwealth 03/26/1996
no error in conviction: credit card theft, Code 18.2-192(1)(a)
0295953 Brandon Lee King v Commenwealth 03/19/1996
no error in declining to suppress inculpatory statement to police
0367953 R. R. Donnelley & Sons Company v Gladys V. Cabell 03/19/1996
carpal tunnel not compensable as occupational disease
0388952 Brian Keith Stone, etc. v Commonwealth 03/19/1996
sufficient evidence to support convict possession of cocaine, etc
1050951 Joseph Dean Gardner v Commonwealth 03/19/1996
tc erred in admitting inculpatory statements
1203952 Matthew Kris Smith v Commonwealth 03/19/1996
sufficient evidence to support conviction possess of cocaine, etc
1754943 George Eugene Robinson v Commonwealth 03/19/1996
no error in convictions: possession of cocaine w/ intent, etc.
1820954 Ralph Franklin Bacon v Patricia Lynn Bacon 03/19/1996
child support arrearages (SA)
1933951 Shirley A. Tucker v American First Properties etal 03/19/1996
no error in suspension of benefits (SA)
1939954 Fresh Fields Markets, et al. v Valerie Smith 03/19/1996
injuries do not qualify as compensable occupational disease
1960951 American First Properties, et al v Shirley Tucker 03/19/1996
claimant proved injury by accident (SA)
1965954 Uninsured Employers' Fund v Chen 03/19/1996
claimant proved work-related injury
2118952 MCV Hospital/Commonwealth v Violet Ford-Hill 03/19/1996
carpal tunnel not compensable as an occupational disease
2167953 Snydergeneral Corp., et al. v Gerald W. Johnson 03/19/1996
injuries do not qualify as compensable occupational disease
2369954 Merillat Indust. etc. et al. v Mary Lee Presgraves 03/19/1996
carpal tunnel not compensabel as an occupational disease
2371952 Theodore Mack Seal v The Muffler Shop, Inc, et al. 03/19/1996
no error in WCC's decision (SA)
2387942 Bernard Lewis Miles, Jr. v Commonwealth 03/19/1996
no error in admitting Commonwealth's rebuttal evidence
2430953 American Safety Razor Co, et al. v Sheryl N. Green 03/19/1996
injuries do not qualify as compensable occupational disease
2525942 Eric Smith v Commonwealth 03/19/1996
sufficient evidence to support conviction distribution of cocaine
2592943 Kenneth A. Grimshaw v Robbie Jean Grimshaw 03/19/1996
failure to appeal final orders
2602952 Southtech, Inc., et al. v Allison Davis 03/19/1996
carpal tunnel not compensable as an occupational disease
2665953 W. C. English, Inc. v Cheryl L. Leisenring 03/19/1996
carpal tunnel not compensable as an occupational disease
0654952 Michael E. Copeland v Commonwealth 03/12/1996
insuff. evidence to prove driving on suspended or revoked license
0830954 Stafford County, et al. v Peggy Lee Smith 03/12/1996
credible evidence supports award
1474954 EWC Construction, et al. v Kenneth Arnold Payne 03/12/1996
emplyr failed to record settlement by filing Memo. of Agreement
1493952 Formex, Inc, etc., et al. v Charles Randal Miley 03/12/1996
claimant justified in not seeking employment
1754953 Cathy Lovell v Bassett-Walker, Inc. 03/12/1996
failure to prove carpal tunnel syndrome disease (SA)
1792953 Cindy H. Thomasson v Sara Lee Knit Products, et al 03/12/1996
no error in denying application for compensation (SA)
1812952 Eldora James v Best Products Company, Inc., et al. 03/12/1996
no error in denying application for compensation (SA)
1923951 Anthonette S. T. Pellegrino v Joseph S. Pellegrino 03/12/1996
equitable distribution (SA)
1946942 Thomas Langston v Commonwealth 03/12/1996
no error in refusing to remove jurors or in jury instructions
1957953 Elizabeth J. M. Hendrick v Howard Benton Hendrick 03/12/1996
equitable distribution (SA)
2020954 Bok Duk Kim v Cash Flex, et al. 03/12/1996
no error in denying application for compensation (SA)
2164953 Roy Edward Smith v Koch Raven, etc., et al. 03/12/1996
claimant failed to prove disability related to injury (SA)
2529944 Elizabeth H. Lewis v Hamburger Hamlet, Inc., et al 03/12/1996
insuff. evidence to sustain burden of proof of disability (SA)
2531943 William Gale Anderson v Betty Ann Anderson 03/12/1996
equitable distribution
0258952 Diane L. Hughes v Commonweath 03/05/1996
no error in convictions: misdemeanor child neglect
0527952 John D. Hurley v Commonwealth 03/05/1996
suff. evid. to prove intoxification while operating automobile
0562953 Sean S. Young, etc. v Commonwealth 03/05/1996
suff. evidence to support convict: possession of firearm
0795954 Marshall Lee Adair v Commonwealth 03/05/1996
no error in admitting statement
1358954 Shirley D. Shockey v J. Donald Shockey, Jr. 03/05/1996
divorce decree
1617942 Antoinette J. Ferris v Charles W. Ferris, III 03/05/1996
equitable distribution
1694951 Stephen J. Tutunjian, Jr. v Yvonne H. Tutunjian 03/05/1996
divorce decree
1807944 Scott Paul Dellinger v Commonwealth 03/05/1996
issues on appeal not preserved during trial
1844954 James D. Wagner v Jett Mechanincal, Inc. et al. 03/05/1996
employer not required to file Petition to Vacate award (SA)
1946954 Metro Bldg., etc., et al. v Robert C. Christianson 03/05/1996
claimant cured earlier refusal of employment
1970944 Michael Ervin Travers v Commonwealth 03/05/1996
no error in excluding statements to police, etc.
2063953 Dominion Coal Corp. et al. v Thomas Milton Roberts 03/05/1996
statute of limitations did not bar claim (SA)
2087952 William Wayne Wimer, Sr. v S.T. Wooten Const. etal 03/05/1996
no error in denying application/res judicata (SA)
2204951 Bay Area Movers, etc., et al. v Luke W. Mixon, Sr. 03/05/1996
no error in denying change in condition application (SA)
2285943 Calvin Bowe v Commonwealth 03/05/1996
no error in allowing spouse to testify
0184952 Stephen Constantine, etc. v Commonwealth 02/27/1996
insufficient evidence to support conviction: grand larceny
0239953 Vickie Lynn Fields v David Carl Fields 02/27/1996
property settlement agreement valid
0389951 Hervert Clayton Moretz v Commonwealth 02/27/1996
no error in admitting evidence; lawful seizure
0475952 Charles Norman Thompson v Commonwealth 02/27/1996
sufficient evidence supports convict: attempted dist. of cocaine
0544954 Clarence Scott Legg v Commonwealth 02/27/1996
no violation of double jeopardy clause
1016952 Tracy Eugene Talbot v Black Industries, Inc. et al 02/27/1996
WCC erred in denying request for change in physician
1502951 Donald Eugene Umphlett v Norfolk Ship. etc. et al. 02/27/1996
no error in WCC's suspension of benefits
1526952 Tultex Corporation v Edward Santuk 02/27/1996
sufficient evidence to prove injury by accident through employmnt
1570951 Tammy Gail Walden Cole v Robert Clark Cole 02/27/1996
child custody
1595942 Melvin Alexander Moore v Commonwealth 02/27/1996
no error in admitting expert witness testimony
2065954 Bridgestone, etc., et al. v Michael J. Doernberg 02/27/1996
injury by accident (SA)
2225953 C.R. Wooten Trucking, Inc, et al. v Donald Chaffin 02/27/1996
injuries arose out of employment (SA)
2449954 Arlington Hospital, etc. et al. v Estelle Geisen 02/27/1996
report did not qualify as after-discovered evidence
0134953 Earl E. Jarrett v Commonwealth 02/20/1996
suffic. evid. to support convict.: aggrav. sexual battery/child
0194953 Town of Jonesville, etc, et al. v Robert H. Sword 02/20/1996
WCC did not err in award of tempory total disability benefits
0565953 RDL - Salem, VA v Ronnie Ryan Richardson 02/20/1996
evidence supports continued disability
0572953 Mark Edward Robinson v Commonwealth 02/20/1996
evid insuffic. to prove intent to distribute cocaine
1048954 Taylor Walkingshield, et al. v Culpepper Co. DSS 02/20/1996
district court order not final and not appealable (SA)
1061943 William Bryant Brantley, etc. v City of Danville 02/20/1996
city ordinance not void at time of arrest
1451944 Denise Kelly O'Brien, etc. v Commonwealth 02/20/1996
sufficient evidence to prove embezzlement
1476954 Ezzat Zein v Nora H. Zein 02/20/1996
spousal support/equitable distribution (Sa)
1588952 Martin C. Davidson, Jr. v Rhonda O. Davidson 02/20/1996
divorce decree (SA)
1924943 Mark Allen Van Lear v Commonweatlh 02/20/1996
tc erred in applying statutory presumption of intoxication
1984942 Marcus A. White v Commonwealth 02/20/1996
suffic. evidence to support conviction of voluntary manslaughter
2059951 Franklin Equipment Co et al v Claudette M. Woodley 02/20/1996
carpal tunnel (SA)
2158951 Center Ford, et al v Bryant S. Byrd 02/20/1996
emp. not equitably estopped from relying on stat. of limits (SA)
2232953 Heyward Joseph Tumlin v Goodyear Tire, etc. et al. 02/20/1996
WCC did not err in decision (SA)
2499942 Will Rogers Loving, Jr. v Commonwealth 02/20/1996
no error in conviction for use of firearm in commission of murder
0110952 David B. Dunkum v Brenda Lee Gifford 02/13/1996
child support
0122952 Travis Lloyd Gifford, etc. v David B. Dunkum 02/13/1996
child support
0123952 Travis Lloyd Gifford, etc. v David B. Dunkum 02/13/1996
child support
0149953 Walter Everett Childress v Appalachian Power Co. 02/13/1996
claimant justifiably refused medical treatment
0165953 Charlotte M. Peck v Tultex Corporation, et al. 02/13/1996
injury did not arise out of employment
0273942 Robert A. Bruce, s/k/a, etc. v Commonwealth 02/13/1996
tc did not err in convictions: 1st degree murder, etc.
0303953 Loretta Roberts v Philip Nathaniel Williams 02/13/1996
child custody
0390953 Charito B. Newland v William R. Neal, Jr. 02/13/1996
child custody
0631952 J.C.Penney Company, et al. v Niki Costianis 02/13/1996
employer failed to make bona fide offer of selective employment
0712942 Bobby Alexander Shelton v Commonwealth 02/13/1996
tc did not take judicial notice of facts outside the record
1340952 Mary Wright Juarez v Gilbert E. Juarez 02/13/1996
child custody (SA)
1477951 Commonwealth v Louis Bernard McClean 02/13/1996
no error in sustaining motion to suppress
1551943 Kenneth Charles Cleveland v Commonwealth 02/13/1996
insuff evidence to support convictions: poss of cocaine, etc.
1719943 Walter S. Jones v Commonwealth 02/13/1996
marital priv. not waived by calling spouse as witness at prelim.
1896943 Sampson Price Terry v Commonwealth 02/13/1996
suffic. evid. for convict. & no error in denying suppress motion
1958943 David Martin Woodruff v Commonwealth 02/13/1996
tc did not err in allowing testimony
1971953 Vic T. Dye v Helen Cregger Dye 02/13/1996
equitable distribution (SA)
2067952 Commonwealth v Oral Wellesley Griggs, etc. 02/13/1996
tc did not err in pretrial ruling to suppress evidence
2357941 Todd Emerson Tebault v Commonwealth 02/13/1996
no error in conviction of attempting to posses cocaine
2376943 William James Buchanan v Commonwealth 02/13/1996
tc did not err in convictions of robbery and murder
2659943 Marc Klokow, s/k/a, etc. v Commonwealth 02/13/1996
time period covered by suspended sentence expired
0026952 Linda F. White v William H. White, Jr. 02/06/1996
tc did not err in denying request for attorney's fees
0115951 Isiah Edwards, Jr. v Commonwealth 02/06/1996
tc did not err in denying motion to suppress evidence
0247951 Kenneth Arnold Smith, Jr. v Commonwealth 02/06/1996
habitual offender
0355954 Donald Lovelle Pelham v Commonwealth 02/06/1996
tc did not err in rrefusing to permit questioning of victim
0510954 United Airlines v Shirley Komack 02/06/1996
carpal tunnel syndrome
0649954 Donald Carter Brown v Nancy N. Brown 02/06/1996
divorce decree/spousal support/equitable distribution
0761954 Ioannis Anastasis v C&T Painting Co., et al. 02/06/1996
claimant failed to prove injury from identifiable incident
0781943 Mark Anthony Reid v Commonwealth 02/06/1996
tc did not err in admitting evidence
1043951 Jerry Howard Jump v Patricia Collins Jump 02/06/1996
equitable distribution
1290951 Michael Evans v Div of Child Support Enforce, etal 02/06/1996
tc did not err in denying motion to reduce child support (SA)
1626944 Sean Anthony Randolph v Commonwealth 02/06/1996
tc did not err in denying motion to suppress evidence
1666954 Thelma M St. Clair v Great Eastern Resort Mgt etal 02/06/1996
claimant failed to prove injury related to accident (SA)
1764951 Penn National Security, etc v Ronald J Kubesh etal 02/06/1996
injury by accident through work (SA)
1827954 Nat. Fruit Prods. Co., etc v Herman M. Clark, III 02/06/1996
credible evidence supports award (SA)
2045941 Herbert Lewis, Sr. v Commonwealth 02/06/1996
tc did not err in admitting evidence or refusing instructions
2047954 Commonwealth v Tony Sirrell Mann 02/06/1996
tc erred in granting motion to suppress evidence
2049942 Jamal R. Brent, etc. v Commonwealth 02/06/1996
tc did not err in refusing hearsay evidence
2272951 Blockbuster, etc, et al. v Sheree A. Ludwig-Tiller 02/06/1996
credible evidence supports award
2278941 Jacob E. Baer, Jr. v Ann Courtney Andrews Baer 02/06/1996
divorce decree/spousal support/equitable distribution
2345944 Suzanne Hughes v DSS Arlington County 02/06/1996
tc did not err in terminating parental rights
2520934 Michael Roy Fuller v Commonwealth 02/06/1996
tc did not err in conviction: attempting to obstruct justice
2645943 Gerald L. Cummings v Pamela Greenwood Cummings 02/06/1996
equitable distribution
2646944 Ronald D. Carver v Commonwealth 02/06/1996
tc did not err in refusing motion for continuance
0064952 Lloyd Jordan Byers, Jr. v Commonwealth 01/30/1996
habitual offender
0225951 Trevon Terrell Olds v Commonwealth 01/30/1996
evidence at trial established identity of perp as defendant
0306951 Timothy Purcell Clark v Commonwealth 01/30/1996
no error in charging & trying defendant for capital murder
0382953 Tultex Corporation v Kimberly S. Brown 01/30/1996
claimant justified in refusing to work
0387951 Patrick D. Golden v Commonwealth 01/30/1996
evid sufficnt to support convict/poss of cocaine Code 18.2-250(a)
0416951 Charles W. Vincent v Commonwealth 01/30/1996
no error in convictions: unethical solicitation of gift
0557951 Charles W. Vincent v Commonwealth 01/30/1996
no error in convictions: unethical solicitation of gift
0703943 Karen Watts Johnson v Commonwealth 01/30/1996
insuff evid to support convicts: hit & run, etc.
0713942 Luis Antonio Ortega v Commonwealth 01/30/1996
tc imporperly limited cross-examination
0763951 Susan Elaine Mavity v Sugar 'N Spice, etc., et al. 01/30/1996
WCC erred in calculating average weekly wage
1064952 Murray L. Steinberg v Katherine T. Steinberg, etc 01/30/1996
child support (SA)
1280951 Nancy W. Harrison v W. Gordon Harrison, III 01/30/1996
spousal & child support
1483951 Peoples Telephone Co Inc v Richard J. Garrity, Jr 01/30/1996
insuff evidence to support award of temp. total disablity benes
1696942 Earl Antonio Hill v Commonwealth 01/30/1996
insuff evidence to support convicts: forging & uttering
1863954 Debra L. McMenimen v County of Stafford Fire, etc. 01/30/1996
no proof condition related to injury by accident (SA)
1913942 Robert A. Worley v Commonwealth 01/30/1996
tc erred in overruling motion to suppress & ruling the stop legal
1915952 Albert B. Darensbourg v Huss, Inc., et al. 01/30/1996
claim time barred (SA)
2306941 Donald Edward Cherry v Commonwealth 01/30/1996
tc did not err in third offense petit larceny charge
0111952 George A. Hughes v Commonwealth 01/23/1996
evidence insufficient to prove possession of weapon
0126954 Walter Jack Davis v Commonwealth 01/23/1996
tc did not err in refusing to permit evidence of employment, etc.
0181953 VA Dept of Transportation v Roy David Mitchell 01/23/1996
credible evidence supports WCC's decision, injury by accident
0446952 Laura R. D. DeCapri v Christopher D. DeCapri 01/23/1996
child custody
0595952 Capital Truck Center v Charles P. Highlander, Sr. 01/23/1996
WCC did not err in award
0721954 Jackie Costello Ingram v Commonwealth 01/23/1996
no error in admitting certified copy of Certificate of Analysis
0722954 Jackie Costello Ingram v Commonwealth 01/23/1996
no error in admitting certified copy of Certificate of Analysis
0847954 Miroslava Whitt Gordon v Michael Whitt 01/23/1996
property settlement agreement
1127952 Edwin Eugene Gelletly v Elana H. Gelletly 01/23/1996
spousal support (SA)
1585953 Glenna Michelle Babb v Scott Co. Dept. of Soc Serv 01/23/1996
tc did not err in terminating parental rights (SA)
1778954 Fannon Petroleum, etc., et al. v John D. Price 01/23/1996
WCC did not err in award (SA)
1779952 Pence Nissan Oldsmobile, et al v Darryl D. Oliver 01/23/1996
WCC did not err in award (SA)
1864953 Safelite Glass Corp., et al. v Ricky Lynn Campbell 01/23/1996
WCC did not err in award
1879952 Zinaida R. Soyfer v St. Mary's Hospital, et al. 01/23/1996
claimant failed to prove condition result of comp. injury (SA)
1887953 Roy L. Blevins, Sr. v Giles Co. Tech. Center, etc. 01/23/1996
claim was time barred (SA)
1992942 Jessie Lee Blackwell, etc. v Commonwealth 01/23/1996
evidence sufficiency issue not preserved for appeal Rule 5A:18
2127953 Cecil D. McCormick, Jr. v Neff Masonry, Inc. et al 01/23/1996
claimant unjustifiably refused selective employment (SA)
2209942 Kenneth Allen Green, Jr. v Commonwealth 01/23/1996
defendant did not waive right to jury trial
2473942 Alvin B. Turner v Commonwealth 01/23/1996
CW failed to establish prima facie case of statutory burglary
0682943 William Ray Layne v Commonwealth 01/16/1996
tc did not err in admitting testimony
0860954 Jackson H. Gerwe v Judith Gerwe 01/16/1996
divorce decree, spousal support, equitable distribution
1272942 Daniel Cotton v Commonwealth 01/16/1996
timely and adequate discovery not provided
1671944 Glen Douglas Green, Jr. v Commonwealth 01/16/1996
tc did not err in jury instructions
1773942 Carlton Harris, etc. v Commonwealth 01/16/1996
evidence sufficient to prove possession of cocaine
2240943 Wilma S. Gardner v VEC, Hercules Inc., et al. 01/16/1996
defendant not qualified for umemployment benefits
0429954 Hector Maya, Jr. v Susan E. Maya 01/11/1996
child support
0485943 Ernest Edward Brummett v Commonwealth 01/11/1996
tc erred in not admitting forensic evidence, etc.
0540954 Jamil Powell v Commonwealth 01/11/1996
tc did not err in jury instructions
0709951 The Unin. Emp.'s Fund v Clara Annette Thrush, etal 01/11/1996
WCC erroneously calculated average weekly wage
0746954 SNH Corp., et al. v VA ABC Board 01/11/1996
ABC Board did not err in suspending licenses
0781953 Roanoke County, et al. v Mason Walter Ferris 01/11/1996
emp's conduct prejudiced claimant from filing timely claim (SA)
0868943 Garnet Nelson Price v Commonwealth 01/11/1996
tc did not err in admitting testimony and instruction
1190951 Sherry Lynn Knight v Mitchell L. Laney, et al. 01/11/1996
interlocutory order of adoption (SA)
1735951 Maryview Medical Center, et al v Kathy Ann Shirley 01/11/1996
WCC did not err in award (SA)
1829942 Cecil G. Fleming v Commonwealth 01/11/1996
error in admitting transcript of record didn't affect verdict
2347941 Dameine J. Griffin, etc. v Commonwealth 01/11/1996
sufficient evidence to support convictions: poss. of cocaine, etc
2467944 Advanced Lock & Safe Inc. etal v Robert S. Heidorn 01/11/1996
injury arose out of employment
0396952 Yogurt Enterprises, et al v Daphne E. Wohlford 12/29/1995
WCC did not err in award
0418954 James J. Mortimer v Teri L. Mortimer 12/29/1995
divorce decree/spousal and child support/equitable distribution
0449954 Greg E. Moxness v Elaine D. Moxness 12/29/1995
spousal support
0524954 Sharon A. Harvey v Jan Voris Harvey 12/29/1995
equitable distribution
0634952 Ivory Johnson Martin v C&J Clark America Inc. etal 12/29/1995
WCC did not err in dismissing claim with prejudice
1177953 Marvin V. Templeton & Sons, et al v Darnell Dixon 12/29/1995
violation of safety rules not bar from receiving award (SA)
1305952 Howard Williams Dawson v Shelby Fogg Dawson 12/29/1995
equitable distribution (SA)
1582942 James Edward Crawley, Jr. v Commonwealth 12/29/1995
insufficient evidence to prove possession of drugs
1613952 Commonwealth v Quincy Demond Powell 12/29/1995
tc did not err in suppressing evidence
1618953 Rocco Further Processing, et al v Barbara E Nelson 12/29/1995
compensable occupational disease (SA)
1635953 Uninsured Employers' Fund v Tactical Group, et al. 12/29/1995
WCC did not err in allowing raising of lack of notice defense
1667951 J.F. Cattell, etc, et al. v Lois A. Powell 12/29/1995
Carpal tunnel syndrome (SA)
1674952 Richmond Motor Co., et al. v Michael J. Davis 12/29/1995
WCC did not err in award (SA)
1675953 Tactical Group, Inc v Jimmy Ray Lucas, et al 12/29/1995
claimant was employee rather than independant contractor
1756952 Burnley Moran Elem. School et al v Stewart Morton 12/29/1995
WCC did not err in award (SA)
1781942 James Douglas Riley v Commonwealth 12/29/1995
sufficient evidence to support conviction of second degree murder
1782942 Walter Lynn Simmons v Commonwealth 12/29/1995
sufficient evidence to support conviction for rape
1868953 Owens Brockway, et al v Cynthia Sue Berry 12/29/1995
carpal tunnel syndrome
2094942 William Edward Waldrop v Commonwealth 12/29/1995
tc did not err in conviction: grand larceny by embezzlement, etc.
2547942 Alice Dagenhart v Commonwealth 12/29/1995
tc erred in conviction for violation of Code 18.2-181
2664944 Maurice Daniel Reed v Commonwealth 12/29/1995
tc did not err in allowing testimony
1880951 Merchant's Tire, et al. v Edwin Charles Holden 12/27/1995
claimant sustained injury by accident
0035954 Mark U. Price v Arlington Dept. of Human Services 12/19/1995
tc did not err in terminating parental rights (SA)
0065954 Linda L. Donley v Arlington Dept. of Human Service 12/19/1995
tc did not err in terminating parental rights (SA)
0756943 Robert Lee Brock v Commonwealth 12/19/1995
insufficient evidence to support convictions
0990943 Charles Thomas Elkins v Commonwealth 12/19/1995
habitual offender
1003943 Charlie Maurice Hairston v Commonwealth 12/19/1995
speedy trial statute not violated
1275944 Conrad E. Koneczny v Marie A. Koneczny 12/19/1995
husband in contempt of court for failing to pay house repair (SA)
1548954 Brown & Root, Inc, et al. v Luther H. Richards 12/19/1995
WCC did not err in award (SA)
1556954 Bruce Henry v Prof. Building Maintenance, et al. 12/19/1995
WCC did not err in requiring claimant to submit to IME (SA)
1565941 Cary Clinton Stacy v Commonwealth 12/19/1995
evidence insufficient to support conviction: poss of heroin, etc
1584953 JPS Converter, et al v VEC and Charlotte Laprade 12/19/1995
actions did not constitute willful misconduct
2072942 Sidney Delwood Thacker, Sr. v Commonwealth 12/19/1995
evidence failed to support instant conviction
2300941 Gary Dean Stevens v Commonwealth 12/19/1995
sufficient evidence to support conviction
2303943 Bristol Compressors, etc v Harry E. Waters 12/19/1995
claimant proved compensable injury by accident through employment
2561943 City of Roanoke Fire Dept. v John H. Anderson 12/19/1995
WCC did not err in award
0124953 Sandra T. Johnson v Cracker Barrel, etc., et al. 12/12/1995
Wcc erred in orderin a change of physicians
0146953 Thomas M. Gerni v VA Employment Commission, et al. 12/12/1995
VEC did not err in denying unemployment compensation benefits
0938943 Boyd Clifton Ziglar v Commonwealth 12/12/1995
actions endangered life, limb or property
1523952 Centin Corporation, et al. v Lee E. Mitchem 12/12/1995
WCC did not err in award (SA)
1671951 Gwendolyn Scott v Autumn Care of Portsmouth, et al 12/12/1995
claimant failed to prove occupational disease (SA)
1805953 Wampler-Longacre, Inc., et al. v Betty D. Hill 12/12/1995
carpal tunnel syndrome
1876941 David Hawkins v Commonwealth 12/12/1995
tc did not err in allowing testimony
2065941 Calvin Lee Bland v Commonwealth 12/12/1995
sufficient evidence to support conviction: 2nd degree murder, etc
2331944 Beverly Jackson v Alexandria DSS 12/12/1995
tc erred in terminating residual parental rights
0208952 Sears, Roebuck & Co., et al v David Otis Pierce 12/05/1995
claimant proved injury by accident through employment
0399951 Kenneth Wayne Long v Commonwealth 12/05/1995
convictions not violation of double jeopardy
0559942 Arthur Rambert v Commonwealth 12/05/1995
admission of other crimes not reversable error
0613941 Troy Johnson v Commonwealth 12/05/1995
tc did not err in convictions: 1st degree murder, uses of firearm
0749942 Willie Lee Williams, Jr. v Commonwealth 12/05/1995
evidence sufficient to support convict: posses of heroin w/ intnt
0943952 Gregory P. Stoneman v Vickie A. Stoneman 12/05/1995
spousal support (SA)
1056944 John Joseph Greaser v Commonwealth 12/05/1995
habitual offender
1405952 David F. White v Coleman Adams Construction, et al 12/05/1995
claimant failed to prove disability related to injury (SA)
1497954 Blake Construction Co., et al v Henry Young 12/05/1995
WCC did not err in award (SA)
1558941 Tyrone Oscar Jackson, etc. v Commonwealth 12/05/1995
CW failed to produce exculpatory evidence prior to trial
2086942 William McFadden, et al. v Aleida Mejia McFadden 12/05/1995
child support, paternity, etc.
2183944 Courtney H. Shelton v Commonwealth 12/05/1995
tc did not err in convicts: possess of cocaine, etc.
2343941 Terry Denovis McCloud v Commonwealth 12/05/1995
tc did not err in admitting evidence
2445943 Shenandoah, etc., et al. v Gary Douglas Pruett 12/05/1995
claimant failed to prove disability work related
0652951 Ketchin Equipment Company v Ronald Biafore 11/28/1995
employer responsible for claimant's medical payments
0754954 Public Broadcasting Services, et al v Mary E. Pax 11/28/1995
claimant proved condition result of employment
0760951 Robert Garrett v Karen Forbes-Garrett 11/28/1995
divorce decree
1010952 Laura Burnside Barber v Oscar Marion Barber 11/28/1995
equitable distribution (SA)
1017952 Oscar Marion Barber v Laura Burnside Barber 11/28/1995
equitable distribution (SA)
1237951 Wood Vending, Inc., et al. v Daniel Harold Minesky 11/28/1995
claimant made reasonable effort to market residual work cap. (SA)
2261944 Paul M. Dodson v Commonwealth 11/28/1995
tc erred in allowing statement
2571941 Oscar Foster v Commonwealth 11/28/1995
sufficient evidence to support convicts: poss of drugs w/ intent
0799942 Bernice Lynn Murphy v Commonwealth 11/27/1995
10/24/95 opinion vacated and reissued
0101952 Lisa Ramona Pendleton v Tri-Dim Filter Corp., etal 11/21/1995
WCC erred in denying application
0153953 Rocco, etc., et al. v Loretta Turner Lingenfelter 11/21/1995
compensable occupational disease (SA)
0180951 Marvin Pulley v Dept. Environmental Quality, et al 11/21/1995
tc did not err in procedural bar
0232953 Craig Manufact. Co., et al. v Josephine Bradfield 11/21/1995
carpal tunnel syndrome (SA)
0412942 David Lee Jackson v Commonwealth 11/21/1995
tc did not abuse discretion by denying continuance
0537951 Kevin O. Crump v Colonial Masonry, Inc., et al 11/21/1995
WCC erred in denying application
0655953 J.E. Morgan, et al. v Beverly L. Enright 11/21/1995
carpal tunnel syndrome (SA)
0965953 WLR Foods, Inc., et al. v Scott L. Cubbage 11/21/1995
wCC erred in award
1069952 Henrico County School Board v Cornelia W. Waters 11/21/1995
compensable occupational disease (SA)
1327953 Tara K Coal Co., et al. v Glenn Collier 11/21/1995
hearing loss qualifies as compensable occupational disease (SA)
1330953 Perdue Farms, Inc. v Susan B. McDaniel 11/21/1995
compensable occupational disease (SA)
1369954 WFS Financial Corp., et al. v Jean S. Tomboulian 11/21/1995
medical treatment causally related to compen. inj. by accid. (SA)
1449953 Lois V. Rucker v Bacova Guild, Ltd., et al 11/21/1995
carpal tunnel syndrome causally related to to employment (SA)
1506953 Wampler-Longacre, Inc., et al. v Shirley M. Young 11/21/1995
compensable occupational diseases (SA)
2019941 Kevin Andre Jones v Commonwealth 11/21/1995
tc did not err in conviction aggravated malicious wounding
2070943 Sonoce Products Company, et al. v Gerald L. Black 11/21/1995
carpal tunnel syndrome compensable occupational disease (SA)
0409954 Raymond James Nigh v Helen P. Nigh 11/14/1995
divorce decree/spousal support/equitable distribution (SA)
0437951 Dynair C.F.E. Services, Inc. v Perry Lee Rempas 11/14/1995
WCC did not err in award
0671932 Avarette M. Everwien, etc. v Commonwealth 11/14/1995
evid suff to support convicts: 1st degree murder & use of firearm
0739952 Susan L. Klein v James L. Klein 11/14/1995
divorce decree (SA)
1120953 Joyce Schaar Good v American Safety Razor Co, etal 11/14/1995
claimant able to return to pre-injury work (SA)
1217951 Bernard Goldberg v Jane A. Goldberg 11/14/1995
divorce decree/equitable distribution (SA)
1265952 Food Lion, Inc., et al. v Thomas E. Stretcher 11/14/1995
claimant proved injury by accident through course of employment
1328941 Patricia A. Jones v Commonwealth 11/14/1995
venue proved & evidence sufficient to support convictions
1548941 Robert Leon Parker v Commonwealth 11/14/1995
tc did not err in admitting evidence
1720941 Bernard Lee Brown v Commonwealth 11/14/1995
tc did not err in denying motion for rehearing of supp. motion
2403941 Linwood W. Burt v McLean Contracting Co, et al. 11/14/1995
application for benefits not timely filed
0328952 The Uninsured Employers' Fund v John Mayfield etal 11/07/1995
appeal of WCC's award
0381954 Cheryl A. Greenfield v Bruce R. Greenfield 11/07/1995
tc did not err in requirtin appellant to pay marital debt
0718952 Alexander C. Graham, Jr. v Terrell C. Graham 11/07/1995
equitable distribution (SA)
0830942 Timothy Barron Jefferson v Commonwealth 11/07/1995
tc erred in admitting bank records into evidence
0917953 Judy Ann Witt v Roanoke City Dept of Social Serv. 11/07/1995
tc did not err in terminating residual parental rights (SA)
1004954 D.G.P. v E.C.P. 11/07/1995
equitable distribution (SA)
1030954 E.C.P. v D.G.P. 11/07/1995
equitable distribution (SA)
1055951 Jack B. McCready v Schulderberg, etc., et al 11/07/1995
claimant failed to produce disability rating (SA)
1353951 Peter O. Ridgway v Lillian Vernon Corp, et al 11/07/1995
condition not related to compensable injury by accident (SA)
1498952 Gladys Phyllis Rose Shelton v UVA and Commonwealth 11/07/1995
claimant failed to timely file application
1730942 Edward Anderson Washington, Jr. v Commonwealth 11/07/1995
tc did not err in admitting evidence
2071954 Phuc T. Dao v Ngoc Thi Nhu Nguyen 11/07/1995
spousal support (SA)
2236941 Keith W. Hoban v VA WCC, Div. of Crime Vict., etc 11/07/1995
claimant contributed to infliction of injuries
2284943 Sunnyside Pres. Home, et al v Phyllis M. Shifflett 11/07/1995
carpal tunnell syndrome constitutes disease (SA)
2452941 Anthony Earl Mason v Commonwealth 11/07/1995
tc did not err in convicts: poss of cocaine and firearm
2464944 Donald Webster v Commonwealth 11/07/1995
defendant procedurally barred from issue on appeal
2574944 Charles Michael Guffey v Mary E. Guffey, etc. 11/07/1995
property settlement agreement
0076952 Janie Strong Nicklaus v David Strong, et al 10/31/1995
child custody (SA)
0301951 Haywood Riddick v Franklin City Public Works, etal 10/31/1995
remanded to WCC to reconsider compensable disease
0627954 City of Hampton v Richard Woodrow Hancock 10/31/1995
WCC did not err in award
0633954 Washington Metro., etc. v Stephen E. Richeson 10/31/1995
evidence supports disability due to carpal tunnel syndrome
0914954 Francis P. Keough v Mary E. (Keough) Pelletieri 10/31/1995
tc did not err in denying "Motion to Correct Order" (SA)
0924941 Nancy Mulvaney v Commonwealth 10/31/1995
sufficient evidence