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Court of Appeals of Virginia Unpublished Opinions

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0160132 Susan G. Prior v. Virginia Board of Nursing 10/15/2013
Fairfax Circuit Court abused its discretion in transferring case to Henrico County; that order is reversed, order of Henrico Circuit Court denying appellant’s appeal vacated, and matter remanded to Henrico Circuit Court to transfer venue to Fairfax Circuit Court for further proceedings

0434131 Ann Williams v. Colonial Williamsburg Foundation 10/15/2013
Summary affirmance – appellant’s failure to comply with rules is significant and her arguments are waived

1807121 Maurice Antonio Hyman v. Commonwealth of Virginia 10/15/2013
Conviction and sentence on appellant’s two 2012 use of a firearm convictions affirmed where trial court maintained jurisdiction over the two charges from 2006 to 2012 as no final order had been entered; trial court did not err in denying appellant’s request to continue to take cases under advisement

2256123 Tony Leon Childress v. Commonwealth of Virginia 10/15/2013
Evidence was sufficient to prove appellant intended to escape from lawful custody when he damaged the ceiling of the holding cell’s bathroom

0423134 Michael R. Pliuskaitis v. Teresa M. Pliuskaitis 10/08/2013
Summary affirmance – final decree of divorce affirmed

0958133 Island Creek Coal Company and Wells Fargo Disability v. Danny Wilson 10/08/2013
Summary affirmance – no error in commission’s decision finding appellee’s current symptoms were causally related to a 1989 work injury and that he is entitled to payment of medical treatment and medication

0980134 Harry William Hall v. Freestate Electrical Company, Inc. and American Home Assurance Company 10/08/2013
Summary affirmance – no error in commission’s finding that appellant’s claim is barred by res judicata

1005131 Charles O. Willis v. Coleman Construction Corporation and North River Insurance Company 10/08/2013
Commission’s finding that appellant’s claim was barred by res judicata affirmed

1084132 Mischelle Brown-Mayo v. County of Chesterfield 10/08/2013
Summary affirmance – no error in commission’s decision terminating an award of wage loss benefits on the ground that appellant’s current disability is unrelated to the compensable accident

1183123 Daquan Lajames Saunders v. Commonwealth of Virginia 10/08/2013
No error in appellant’s conviction of first-degree murder where evidence was sufficient to prove premeditation

1197123 Terry Wayne Turner v. City of Harrisonburg 10/08/2013
Trial court did not err in convicting appellant of a zoning ordinance for storing four inoperable vehicles on property owned by appellant’s mother and occupied by appellant

1235123 Theodis Thomas Smith, Jr. v. Commonwealth of Virginia 10/08/2013
Trial court’s denial of appellant’s motion to strike Juror 12 based on her friendship with a police officer who was a potential witness affirmed; appellant’s other arguments regarding Juror 12 waived

1537121 Ronald William Wethington, Jr. v. Commonwealth of Virginia 10/08/2013
Trial court did not err in denying appellant’s motion to suppress where police officer could have reasonably believed that appellant had violated the law by following more closely than is reasonable and prudent

1587123 Michael Paul Cairo v. Commonwealth of Virginia 10/08/2013
Appellant’s conviction of grand larceny affirmed where victim’s testimony was sufficient to prove value of stolen stove exceeded the $200 threshold

2090122 Shari Sims-Bernard v. Stephen P. Bernard 10/08/2013
Trial court’s ruling awarding sole legal custody of parties’ children to appellee and ordering that appellant’s visitation with the children be supervised affirmed; appellant’s issue regarding her motion for evaluation waived where she failed to request a ruling from the trial court

0499134 Berrak Tartaglino v. Frederick Robert Tartaglino 10/01/2013
Summary affirmance – trial court did not err in denying appellant’s request to terminate her children’s therapy

0819131 Cleo Dickerson v. City of Virginia Beach Department of Human Services 10/01/2013
Summary affirmance – Court is unable to review appellant’s assignments of error raised on appeal for her failure to provide an adequate record on appeal and her failure to comply with procedural rules

1160121 Jeffrey Alan Hurly, s/k/a Jefferey Allen Hurley v. Commonwealth of Virginia 10/01/2013
Trial court did not err in refusing to allow appellant to withdraw what he characterizes as a guilty plea to his probation revocation where counsel’s stipulation was not a guilty plea

0495132 Jerome Travis, Sr. v. Virginia Department of Social Services 09/24/2013
Summary affirmance – no error in trial court’s holding that substantial evidence supported the agency’s finding that appellant’s appeal was not timely filed

0739131 John Junior Martinez, Sr. v. City of Portsmouth Department of Social Services 09/24/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child

0919102 William Edward Tuma v. Commonwealth of Virginia 09/24/2013
Upon Remand from the Supreme Court – trial court correctly refused to admit videotape into evidence where appellant had not reviewed the evidence at the time he sought to introduce it and was unable to lay any foundation to support its introduction

1067122 Damon Jamel Bradshaw v. Commonwealth of Virginia 09/24/2013
Trial court did not err in denying appellant’s motion to dismiss second charge of possession of a firearm by a convicted felon where act of transporting firearm in vehicle was separate and distinct from possession of firearm in bedroom

1350122 Damon Jamel Bradshaw v. Commonwealth of Virginia 09/24/2013
Trial court did not err in denying appellant’s motion to dismiss second charge of possession of a firearm by a convicted felon where act of transporting firearm in vehicle was separate and distinct from possession of firearm in bedroom

1452122 Lee Alden Mooney v. Commonwealth of Virginia 09/24/2013
Trial court did not err in revoking appellant’s suspended sentence and probation where trial court had authority to consider entire period of time from original suspension of appellant’s sentence in 2007 through the revocation hearing in 2012 and was not limited to reconsidering the terms of the 2011 suspension

0152134 Nicaise Solet Bokassa v. Marie Yokowo Bokassa 09/17/2013
Summary affirmance – no error in trial court’s order requiring appellant to pay appellee $1,000 per month in child support

0527131 Anthony S. Allen, III v. Linda A. Allen 09/17/2013
Summary affirmance – no error in order of trial court clarifying appellee’s interest in appellant’s retirement benefits

0586133 Crystal Della Penna v. Harrisonburg Rockingham Social Services District 09/17/2013
Trial court did not err in finding evidence was sufficient to prove termination of appellant’s parental rights to her children was in their best interests

0659133 Jose Luis Fuentes Ramos v. Pulaski County Department of Social Services 09/17/2013
Summary affirmance – trial court’s factual determination that appellant comprehended English was supported by evidence and its decision to terminate appellant’s parental rights to his child was not plainly wrong

0267134 Julie Ann Hughes v. Troy Alexander Hughes 09/10/2013
Equitable distribution award reversed and matter remanded to trial court to reconsider the equitable distribution of the parties’ property and debt

0589133 Richard Scott Starling v. Teresa Ann Morehead Starling 09/10/2013
Summary affirmance – no error in trial court’s equitable distribution or spousal support awards

0741133 Commonwealth of Virginia v. Shannon Smith Mitchell 09/10/2013
Court finds when transcript filed prior to entry of order being appealed from, time to file petition for appeal commences from date of filing of notice of appeal; Trial court erred in suppressing physical evidence seized from the appellee; remanded to trial court for further proceedings

1713122 Citizen Potawatomi Nation v .Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order

1724122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order

1725122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order

1726122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order

1947122 Renee Bagley Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings

1948122 Renee Bagley Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings

1949122 Timothy B. Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings

0957132 Winn Residential Limited Partnership, et al. v. Emory Arrington 09/03/2013
Summary affirmance – decision of commission reversing the deputy commissioner’s denial of benefits to claimant affirmed

1021134 Todd M. Jack v. Virginia Employment Commission 09/03/2013
Summary affirmance – order of the circuit court dismissing appellant’s petition for judicial review of the VEC’s decision affirmed

0602133 William Alexander Patterson v. Kathy Lynnette Patterson 08/27/2013
Summary affirmance – trial court’s spousal support award to appellee affirmed

0243134 Diane W. Wilson v. Fairfax Connector and Old Republic Insurance Company 08/20/2013
Summary affirmance – commission’s finding that statute of limitations barred appellant’s claim affirmed

0438132 Sharon M. Jackson v. Hopewell Department of Social Services 08/20/2013
As record on appeal does not contain a summary of the parties’ arguments, Court is unable to determine whether appellant preserved her assignment of error raised on appeal and record is insufficient for review of issue; termination of appellant’s parental rights to her children affirmed

0483133 Nellie R. Hale v. Russell County Department of Human Services 08/20/2013
Summary affirmance – trial court did not err in finding clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interests

2180114 Jerry Wayne Beale, Jr. v. Commonwealth of Virginia 08/20/2013
Appellant’s conviction of assault of a law enforcement officer affirmed where evidence did not support appellant’s proffered instruction and evidence was sufficient to prove beyond a reasonable doubt that appellant acted with the necessary intent to cause bodily harm

0461134 Gary Pisner v. State Building Code Technical Review Board, et al. 08/13/2013
Summary affirmance – order of trial court affirming Review Board’s finding that appellant was in violation of the Virginia Maintenance Code for not removing rubbish from his property affirmed

0479132 Anthony Rollins v. Richardson-Wayland Electrical Company, LLC, et al. 08/13/2013
Summary affirmance – decision of commission finding appellant’s fall and/or his contact with a high voltage line are unexplained affirmed

0714133 Phillip Sheetz v. James E. Serkel, Inc. and Cincinnati Insurance Company 08/13/2013
Summary affirmance – decision of commission finding appellant’s claim waived and abandoned because he failed to timely file a written statement on review to the full commission affirmed

1664121 Clyde Mario Hall v. Commonwealth of Virginia 08/13/2013
Trial court did not err in revoking appellant’s suspended sentence where appellant’s counsel conceded to appellant’s new convictions and trial court considered those statements as conclusive proof that appellant had violated terms and conditions of his probation

2348121 Vico Construction Corporation and Twin City Fire Insurance Company v. Michael E. Taylor 08/13/2013
Commission did not err in failing to give appellants a credit for payments made to appellee for a specified period of time where appellants were only entitled to recover benefits paid after the date of the filing of the application

0377131 Department of Social Services/Commonwealth of Virginia v. Johnical M. Owens 08/06/2013
Summary affirmance – no error in commission’s denial of appellant’s request for termination of award of benefits and its finding that appellant had a gross subrogation interest for medical and indemnity expenses of an amount less than employer claimed

0038133 Robert Martin Harris v. Donna Hickman Harris 07/30/2013
Summary affirmance – order denying all but $1,000 of appellant’s request for expenses associated with proceedings regarding parties’ property settlement agreement affirmed

2027123 Kyle Pritchett Macione v. Beatriz Huarte Irujo Macione 07/30/2013
Trial court erred in finding appellant intended to transfer his inheritances from his grandparents to the marital estate as gifts to appellee; equitable distribution award reversed and matter remanded to trial court for further proceedings

2053124 Murray A Sewell v. Wendy S. Sewell 07/30/2013
Trial court did not abuse its discretion by denying appellant’s petition to reduce the spousal support award to appellee

2186124 Tahira Naseer v. Hamid Moghal 07/30/2013
Trial court did not abuse its discretion in ordering appellant to reimburse the full amount of the pendente lite support appellee paid her during the pendency of their annulment proceedings

0215134 Sania L. Mikhail v. Fairfax County Department of Family Services 07/23/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child

0222133 Kristoffer Michael Masch v. Roanoke City Department of Social Services 07/23/2013
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(B) and (C)(2)

0280131 Charles V. Hamilton v. Arriba Corporation, et al. 07/23/2013
Summary affirmance – Court will not consider appellant’s arguments as his failure to comply with Rule 5A:20 is significant

0338134 James Ganthier v. Frederick County Department of Social Services 07/23/2013
Summary affirmance – trial court did not err in refusing appellant’s motion for a continuance or in terminating appellant’s parental rights to his children

0398131 Tradesmen International, Inc. and New Hampshire Insurance Company v. Michael L. Hylton 07/23/2013
Summary affirmance – commission did not err in awarding disability benefits to appellee for certain specified periods

1289124 Ibrahim Jamil Habahbih v. Commonwealth of Virginia 07/23/2013
Trial court did not err in refusing appellant’s proffered jury instruction; conviction of grand larceny affirmed

1462124 Stanley Wesley Bryant v. Commonwealth of Virginia 07/23/2013
Appellant’s arguments related to his competency to stand trial, whether his guilty plea was knowing, voluntary, and intelligent, and the sufficiency of Commonwealth’s proffer barred by Rule 5A:18; trial court did not err in failing to grant his motion to dismiss for want of jurisdiction or withdraw his plea or in imposing certain terms on his probation and suspended sentence

2215124 Stephen A. Barton v. Allied Waste Industries, Inc., et al. 07/23/2013
No error in commission’s decision denying disability benefits to appellee where he was terminated for justified cause

0335132 Rebecca N. Whittington v. Virginia Retirement System 07/16/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits

1091121 Danielle Lee Polk v. Commonwealth of Virginia 07/16/2013
Trial court did not err in holding there was no fatal variance between the indictment and the proof at trial; evidence was sufficient to convict appellant of obtaining money by false pretenses

1466121 Dwayne Young v. Commonwealth of Virginia 07/16/2013
Trial court did not err in denying appellant’s motion to suppress where appellant failed to establish a legitimate expectation of privacy in the hotel room; appellant’s convictions affirmed

1830121 Washington I. James, III v. Sharon D. Owens 07/16/2013
Trial court’s order awarding child support, child support arrearages, attorney’s fees, and expert witness fees to appellee affirmed

2266124 Simon Michael Trevathan v. Loudoun County School Board et al. 07/16/2013
Commission did not err in denying claimant’s request for permanent partial disability benefits under Code § 65.2-503

2337121 Virginia Employment Commission v. Gail Carroll 07/16/2013
Summary affirmance – trial court did not err in reversing a decision of the VEC finding that appellee was disqualified for benefits because she was discharged for misconduct connected with work

0331134 Commonwealth of Virginia v. Carol Lutsky 07/09/2013
Judgment of trial court reversed where the Fifth Amendment does not preclude the police from questioning a suspect who is not in custody just because the suspect had earlier indicated to the police, also in a non-custodial setting, that she was represented by counsel; case remanded to trial court for further proceedings

0359134 Tommy Frazier, d/b/a v. Tommy’s Tree Service v. Fernando Quiroz 07/09/2013
Summary affirmance – commission’s rulings regarding a claim for compensation relating to claimant’s October 20, 2008 work-related accident affirmed

1107121 Kevin Steven Bukowski v. Commonwealth of Virginia 07/09/2013
Appeal dismissed where this Court will only consider the assignment of error as it is phrased in appellant’s petition for appeal and that assignment of error is insufficient under Rule 5A:12(c)(1)(ii)

1136124 Joseph Wiley v. Commonwealth of Virginia 07/09/2013
Judgment affirmed where appellant’s failure to proffer what he now claims to have been a belated attempt at allocution precludes appellate review; trial court did not abuse its discretion by revoking appellant’s suspended sentences

2289124 Brent C. Bousman v. Caitlin K. Lhommedieu, f/k/a Caitlin Bousman 07/09/2013
Judgment of trial court denying appellant’s request for specific performance of the modifications clause of the settlement agreement affirmed; judgment of trial court denying appellant’s motion for reconsideration affirmed

0244132 Roger Wayne Moschler v. Kenco Group, Inc. and American Zurich Insurance Company 07/02/2013
Summary affirmance – no error in commission’s finding that appellant failed to prove by a preponderance of the evidence that his medical treatment beginning May 2011 was causally related to his November 2010 accident

1055122 Gilberto DeJesus, s/k/a Gilberto DeJesus, Jr. v. Commonwealth of Virginia 07/02/2013
Trial court did not err in instructing jury or in holding appellant’s arrest was lawful; convictions of assault and battery of a law enforcement officer affirmed

1527122 Calvin A. Tucker v. Commonwealth of Virginia 07/02/2013
No reversible error in trial court’s denial of appellant’s motion to vacate order appointing a special prosecutor where appellant had notice of entry of the order and an opportunity to object

2284124 Andres Vasquez v. Randstad North America and Indemnity Insurance Company of North American 07/02/2013
Summary affirmance – appellant has failed to comply with Rule 5A:20 and, as that failure is significant, Court will not consider his arguments

0261132 Thomas E. Walsh v. Virginia Commonwealth University 06/25/2013
Summary affirmance – trial court did not err in affirming hearing officer’s decision sustaining appellant’s termination

0249134 Didlake, Inc. and North River Insurance Company v. Zeb Goodwin 06/18/2013
Summary affirmance – no error in commission’s award of benefits

0868123 Kristen Michelle Walker v. Commonwealth of Virginia 06/18/2013
Trial court did not err in admitting into evidence exhibit showing value of items stolen as the exhibit did not violate appellant’s Sixth Amendment right of confrontation

1876123 Jill E. Hall v. Virginia Employment Commission and Process Management Technologies, Inc. 06/18/2013
Order of trial court affirming decision of VEC that appellant was disqualified from receiving unemployment benefits due to misconduct reversed where it did not address actual holding of the VEC; remanded to trial court to determine whether specific conduct that VEC relied upon constitutes misconduct under Code § 60.2-618

0016133 Lantz Construction Company and Cincinnati Insurance Company v. Michael B. Adams 06/11/2013
No error in commission’s finding that appellee’s left-side denervation procedure recommended by his doctor was causally related to appellee’s compensable injury for purposes of Code § 65.2 603(A)(1)

0246134 NPM, Inc. 25 and Merchants of Virginia G.S.I.A. v. John Benjamin Rodgers 06/11/2013
Summary affirmance – commission’s rulings regarding claims for compensation relating to appellee’s January 8, 2010 work-related accident affirmed

0954123 William Shane Webb v. Commonwealth of Virginia 06/11/2013
Appellant’s argument regarding whether he was punished for the same behavior under both Code § 18.2-272 and Code § 46.2-301 barred by Rule 5A:18 where appellant did not raise double jeopardy issue in trial court

1081121 Michael Andrew Forbes v. Keri E. Forbes 06/11/2013
Summary affirmance – no error in trial court’s order denying appellant’s motion to amend custody of the parties’ children

1268123 Jasmine Lanees Haley v. Commonwealth of Virginia 06/11/2013
No error in trial court’s finding that evidence was sufficient to prove appellant was complicit in the sale of the rented property to the pawnshop and was equally liable as the third party who sold the television

1933123 Johnny Leigh Crater v. Frances Jean Blevins Crater 06/11/2013
No error in trial court’s fifty-five/forty-five percent equitable distribution award; arguments regarding whether certain property purchased during the marriage was marital and the Farm Bureau IRA barred by Rule 5A:20

2214123 Jeff Freddie Gross v. Janice Honaker Gross 06/11/2013
Summary affirmance – trial court did not err in denying appellant’s motion to modify or terminate spousal support

2225122 Shannon Renee Wandell, f/k/a Shannon Renee Blankenship v. David Justin Connelly 06/11/2013
Summary affirmance – trial court’s order changing custody and visitation of the parties’ minor child affirmed

2309123 Gina Gibson, s/k/a Gina Mae Gibson Nelson v. Wise County Department of Social Services 06/11/2013
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest

0017134 Mitra R. Mortazie v. Mansour Mortazie 06/04/2013
Summary affirmance – trial court’s finding of contempt affirmed where issues are barred by Rule 5A:18

0665124 Samuel Linden Webber v. Commonwealth of Virginia 06/04/2013
Trial court erred in denying two of appellant’s challenges for cause of members of the venire; matter remanded to trial court

0854121 Jonathan David Bynum v. Commonwealth of Virginia 06/04/2013
Trial court did not abuse its discretion in finding victim competent to testify and permitting victim to testify; evidence was sufficient to prove appellant’s guilt of indecent liberties with a minor, rape of a victim under thirteen, aggravated sexual battery, and forcible sodomy

1194122 Earl Bradley, s/k/a Earl Lewis Bradley v. Commonwealth of Virginia 06/04/2013
Appellant’s argument that evidence was insufficient to prove he intended to distribute cocaine barred by Rule 5A:18; sentence imposed for violation of Code § 18.2-248.1(a)(1) exceeded statutory maximum and that matter remanded to trial court for resentencing

2184124 Ricky Parsons v. Diana Parsons 06/04/2013
Summary affirmance – trial court did not abuse its discretion in refusing to re-value property; other issues raised by appellant decided in previous appeal

2350122 Dana O. Orum, a/k/a Dana Pillois v. Buckingham County Department of Social Services 06/04/2013
Summary affirmance – trial court did not abuse its discretion in denying motion for continuance or in refusing to reopen evidence; evidence was sufficient to prove termination of appellant’s parental rights to her children was in their best interest

2352124 Ricky Parsons v. Diana Parsons 06/04/2013
Summary affirmance – trial court did not abuse its discretion in refusing to re-value property; other issues raised by appellant decided in previous appeal

1791124 Oracle USA, Inc. and Safety National Casualty Corporation v. Tina Tisinger 05/28/2013
Commission did not err in applying the law of the case doctrine in determining appellants failed to meet their burden regarding the second application to terminate benefits; evidence was sufficient to support a finding that appellee had causally-related depression after August 16, 2012

1802123 Philip C. Barker v. Commonwealth of Virginia 05/28/2013
No reversible error by trial court in admitting two of victim’s statements made to a third party; appellant’s issues regarding two additional statements made by victim barred by Rule 5A:18

2084122 Edward Barde v. Goochland County Department of Social Services 05/28/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his son pursuant to Code § 16.1-283(C)(2)

1133124 Daniel James Santos v. Commonwealth of Virginia 05/21/2013
Trial court did not err in denying appellant’s motion to suppress where appellant voluntarily consented to search of his vehicle subsequent to a consensual encounter

1616122 Oather J. Walker, Jr. v. Catherine R. Walker 05/21/2013
Trial court’s order and opinion granting divorce and spousal support affirmed; matter remanded to trial court to clarify amount of award to appellee of marital share of appellant’s retirement funds

1839124 Tania Granados Benitez v. Arlington County Department of Human Services 05/21/2013
No error in trial court’s order terminating appellant’s parental rights to her child where evidence proved appellant did not substantially remedy conditions leading to child being placed in foster care and that termination was in best interest of child; issue of relative placement barred by Rule 5A:18

2076123 Maggie S. Welch v. Bristol Department of Social Services 05/21/2013
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children

0660124 Erin Michelle Burnside v. Commonwealth of Virginia 05/14/2013
Trial court erred in admitting testimony of the preliminary breath test when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly; conviction of reckless driving reversed and remanded to trial court

0764122 Lorena Rodriguez Villareal, s/k/a Lorena Rodriguez-Villareal v. Commonwealth of Virginia 05/14/2013
Trial court erred in convicting appellant under Code § 46.2-391(D)(3) where appellant’s act of driving occurred entirely within the parking area of a strip mall parking lot and not on a highway

1140121 James A. Gunning v. Gail F. Gunning 05/14/2013
Summary affirmance – trial court’s order holding appellant in contempt for failing to refinance or take responsibility for a loan encumbering formal marital residence affirmed

2168122 Timothy W. Patterson v. Petersburg Department of Social Services 05/14/2013
Summary affirmance – appeal affirmed where transcript or written statement of facts is necessary for resolution of assignment of error raised on appeal

2276123 Commonwealth of Virginia v. Byron Howard Turner and Cynthia Marie Bonds 05/14/2013
Trial court erred in suppressing certain evidence obtained by the police upon entering appellees’ premises where officer had probable cause and exigent circumstances to enter premises without a warrant

0023133 C&R Coal Company and Old Republic Insurance Company v. Eura Dennis Roberts 05/07/2013
Summary affirmance – no error in commission’s finding that appellee’s claim for medical treatment is not barred by Code § 65.2-708

1166124 Terrye L. Richter and Rudy Richter v. Diana Nichole Manning, n/k/a Diana Nichole Perry 05/07/2013
No error in trial court’s order denying appellants visitation with their grandchild where appellants did not establish that child would suffer actual harm if they were denied visitation and trial court did not err in denying appellants’ request for a Rule 4:10 psychological examination of the child

1524121 Darlene Ishaya Bamaiyi v. Virginia Board of Nursing 05/07/2013
Trial court did not err in upholding appellee’s denial of appellant’s applications for reinstatement and endorsement to be a Certified Nurse Aide

1557124 Capital Area Pediatrics, Inc. and Twin City Fire Insurance Company v. Sharon Deann Eken 05/07/2013
No error in commission’s decision awarding appellee benefits for injuries that arose out of or in the course of her employment under the extended premises doctrine

1560121 George Tsoucalas v. Dimitra Tsoucalas, n/k/a Dimitra C. Markopoulos 05/07/2013
Trial court erred under the terms of the parties’ prenuptial agreement in granting appellee an equitable distribution award for her contributions to appellant’s home; trial court did not err in denying appellant’s request for reimbursement of household expenses during the marriage as that was not authorized by the prenuptial agreement

2187124 Sarah Caitlin Anderson v. Aaron Anderson 05/07/2013
Summary affirmance – no error in trial court’s order awarding primary physical custody of the parties’ child to appellee and ordering that child will attend school in county in which appellee resides

0126124 Lisa Alexander v. Commonwealth of Virginia 04/30/2013
No error in finding that evidence was sufficient to support finding that appellant made threatening phone calls; evidence was insufficient to support finding that appellant destroyed or disabled the cell phone – conviction of interfering with a 911 call reversed and dismissed

0805122 Dimitri Duane Baines v. Commonwealth of Virginia 04/30/2013
No reversible error in trial court’s admission of statements where the evidence as a whole, excluding the challenged statements, overwhelmingly proved that appellant was in violation of his probation

0837124 Kirk T. Milam v. Shelia J. Milam 04/30/2013
Final decree affirmed in part and reversed and remanded in part; trial court did not err in granting appellee’s motion for clarification or in denying appellant’s motion to reconsider and his motion to stay

1464122 Paul F. Kolmetz v. Charlotte L. Hitchcock, f/k/a Charlotte L. Kolmetz 04/30/2013
Trial court did not err in ordering appellant to reimburse appellee one-half of the cost of the medical and dental insurance for the parties’ son for so long as the insurance carrier deems him a dependent

1625124 Dale Warren Dover, etc. v. Alexandria Department of Community and Human Services, et al. 04/30/2013
Trial court did not err in dissolving the protective orders and entering a permanency planning order returning custody of the child to the child’s mother

2354124 Robert Lee High v. Michael L. Clark/Family Flooring, Twin City Fire Insurance Company, et al. 04/30/2013
Summary affirmance – no error in commission’s finding that it did not have jurisdiction because two men were partners and thus not counted as employees

0014133 Earnest Collins v. Lebo Mining Co. and Commerce and Industry Insurance Company 04/23/2013
Summary affirmance – no error in commission’s decision denying compensation for the occupational disease of coal worker’s pneumoconiosis pursuant to Code § 65.2-504(A)(1)

1137121 Robert Anthony Murray v. Commonwealth of Virginia 04/23/2013
Trial court did not err in denying appellant’s motion to suppress statement appellant made to officers as it was not obtained as a result of unlawful police coercion

1184124 JoAnn S. Tromza v. Robert Vossburg 04/23/2013
Summarily affirmed – no error in the order approving the final distribution and accounting of the transfer of the former marital residence

1187122 Jill Matthews Willson v. Robert Gardner Willson 04/23/2013
Final divorce decree affirmed where trial court did not abuse its discretion in refusing to grant appellant a continuance, in entering the final order without an additional hearing, in choosing the grounds for divorce when multiple grounds existed, in fashioning the equitable distribution award or in its calculation of spousal support to appellee

1742124 Mario R. Mirarchi v. Whistle Stop Hobbies, LLC and The Uninsured Employer’s Fund 04/23/2013
No error in commission’s finding that it did not have jurisdiction to consider appellant’s complaint as his employer did not have three or more employees regularly in service

2073124 Tracy Lane v. Emergency Veterinary Clinic and Selective Way Insurance Company 04/23/2013
No error in commission’s finding that injury appellant sustained when she slipped and fell in the parking lot of her employer did not occur in the course of her employment

0033122 Jodi Lynn Boley v. Commonwealth of Virginia 04/16/2013
Error in trial court’s order regarding amount of restitution owed victim where there was no evidence to show how the amounts on the victim impact statement were derived or how the losses were caused by appellant’s embezzlement

0047124 Derrick Ganson Maxwell, s/k/a Derick Ganson Maxwell v. Commonwealth of Virginia 04/16/2013
Appellant’s argument on appeal of whether trial court erred by responding sua sponte to questions posed by the jury outside the presence of counsel and appellant barred by Rule 5A:18 where appellant did not object when he first learned of the ex parte communication

0352122 Clifford Edward Sexton v. Commonwealth of Virginia 04/16/2013
Appellant’s argument regarding whether trial court erred in not applying all of the necessary elements of Code § 18.2-200.1 waived under Rule 5A:18; argument regarding sufficiency of the evidence did not meet the requirements of Rule 5A:12(c)(1)(ii)

1351122 Ainoy Siharath v. Commonwealth of Virginia 04/16/2013
No error in trial court’s finding that evidence was sufficient to prove appellant intended to utter or employ counterfeit bills as true

1430123 Tony Mark Herring, Jr. v. Commonwealth of Virginia 04/16/2013
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of attempted first degree murder and use of a firearm in commission of that offense; trial court erred in finding evidence sufficient to support convictions of abduction where it did not prove he intended to deprive victims of their personal liberty

2055122 Commonwealth of Virginia v. Carlos B. Hickman 04/16/2013
Trial court erred by suppressing evidence of marijuana and cocaine found on appellee’s person on grounds that National Park Service officer’s subjective intent to identify appellee was unreasonable

1195121 Andrew Lee Lewis, Jr. v. Commonwealth of Virginia 04/09/2013
Trial court did not err in finding the evidence sufficient to convict appellant of speeding; issue raised on appeal of whether the trial court erred in finding appellant guilty of driving while intoxicated is barred by Rule 5A:18 and the Court declines to apply the ends of justice exception

1413121 C. Jason Congleton v. Jade Congleton 04/09/2013
As appellant failed to object to the circuit court’s holdings concerning a material change of circumstances and its best interest analysis, Rule 5A:18 bars consideration of these issues and the good cause and ends of justice exceptions do not apply; Rule 5A:20 bars appellate consideration of the remainder of appellant’s arguments

1650123 Sarah Dillon v. Harrisonburg Rockingham Social Services District 04/09/2013
Judgment of trial court terminating appellant’s parental rights to her minor child affirmed where appellant did not preserve under Rule 5A:18 arguments raised on appeal

0240122 Derrick Brandon Graham v. Commonwealth of Virginia 04/02/2013
Trial court erred in finding evidence was sufficient to prove appellant entered victims’ house during the nighttime as charged in the indictments; convictions of statutory burglary and conspiracy to commit burglary reversed

0686122 Remone J. Houchens v. Commonwealth of Virginia 04/02/2013
Trial court did not err in admitting into evidence the 911 call made by the victim as it was in response to an ongoing emergency and was non-testimonial or in denying motion for a new trial as the after-discovered evidence would not produce an opposite result on the merits at a new trial

1287122 Mack Wilson Hopkins v. Commonwealth of Virginia 04/02/2013
Trial court did not abuse its discretion in amending order from prior revocation proceeding nunc pro tunc to add the period of suspension imposed in 2009 revocation proceeding or in revoking appellant’s suspended sentence

1326122 Betty M. Richards v. Robert E. Richards 04/02/2013
Summary affirmance – custody and visitation order regarding parties’ child is affirmed

1722122 7-Eleven and Indemnity Insurance Company of North America v. Carolyn Fore 03/26/2013
Commission did not err in finding that appellee was justified in refusing to undergo the osteotomy and in reinstating her disability benefits

2075123 Goodyear Tire & Rubber Company and Liberty Insurance Corporation v. Ronnell L. Wilson 03/26/2013
Summary affirmance – no error in commission’s findings that appellee’s claim was not barred by Code § 65.2-201, that he did not unjustifiably refuse medical treatment, that he adequately marketed his residual work capacity, and that he experienced a change in condition

2513112 Tyrone Tyree Roads v. Commonwealth of Virginia 03/26/2013
No error in sentencing order requiring appellant to pay court costs where appellant has not shown how Virginia’s recoupment statutes violate either the equal protection or due process clauses of the Constitution

1103124 Alexis Javier-Paz v. Commonwealth of Virginia 03/19/2013
Trial court did not err in denying appellant’s motion to suppress evidence obtained after stop of vehicle or in denying appellant’s motion for a new trial; issue regarding his sentence not considered as transcript of sentencing hearing was not timely filed

1109124 Brent C. Bousman v. Caitlin K. Lhommedieu 03/19/2013
Trial court did not err in invoking its contempt powers to enforce terms of earlier order awarding attorney’s fees to appellee or in concluding appellant was not entitled to an award of attorney’s fees where he did not raise a “substantially successful defense” to an action enforcing the parties’ agreements

1204112 Curtis Tyrell Montague v. Commonwealth of Virginia 03/19/2013
Trial court did not err in refusing appellant’s jury instruction on justifiable self-defense where record does not reveal a scintilla of evidence that appellant was without any form of fault in contributing to the affray with the victim

1563122 Alice Thaxton v. Halifax County Department of Social Services 03/19/2013
Summary affirmance – no error in trial court’s finding that termination of parental rights to her son was in child’s best interest

1642124 Jorge Alvarenga, Sr. v. Alexandria Department of Community & Human Services 03/19/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child

1705122 John Thaxton v. Halifax County Department of Social Services 03/19/2013
Summary affirmance – no error in trial court’s finding that termination of parental rights to his son was in child’s best interest

1708123 Shonita Leftwich v. Roanoke City Department of Social Services 03/19/2013
Termination of appellant’s parental rights to her child affirmed as issue of whether trial court erred in finding termination was in child’s best interest barred by Rule 5A:18

0836124 Susan W. Forest v. John P. Forest, II Executor of the Estate of Christopher M. Forest 03/12/2013
Trial court erred in finding it lacked authority to enter a QDRO to modify a final decree where Code § 20-107.3(K)(4) did not prohibit the trial court from modifying the final decree for the limited purpose of effectuating the expressed intent of the final decree by enabling entry of appellant’s requested QDRO

2187124 Sarah Caitlin Anderson v. Aaron Anderson 03/12/2013
Summary affirmance – issue raised on appeal barred where trial court lacked jurisdiction to consider appellant’s motion for reconsideration after the twenty-one-day period expired and issue was only presented to trial court in the motion to reconsider

2492114 Charncey Laquinn Daniels v. Commonwealth of Virginia 03/12/2013
Evidence was sufficient to support appellant’s conviction of failing to stop after an accident where it was irrelevant whether appellant’s or victim’s actions were intentional or unintentional

0069124 Johnnie L. Moore v. Commonwealth of Virginia 03/05/2013
No error in trial court’s denial of appellant’s motion to suppress drug evidence seized during search incident to the arrest of appellant

0960121 James G. Cartier v. Commonwealth of Virginia 03/05/2013
Trial court erred in finding evidence sufficient to convict appellant of summary contempt where there was no evidence appellant intended to obstruct or interrupt the administration of justice; conviction of contempt reversed and dismissed

1393124 Giant Food LLC and Indemnity Insurance Company of North America v. Juliet 03/05/2013
Commission did not err in awarding appellee benefits where it found appellee’s injury arose out of her employment and her knee injury and disability were caused by her work injury

1577114 Marquis D. Edmonds v. Commonwealth of Virginia 03/05/2013
Trial court’s order terminating appellant’s commitment to Department of Juvenile Justice and revoking nine years of his suspended sentence affirmed where appellant’s arguments are barred by Rule 5A:18 and Court declines appellant’s invitation to invoke ends of justice exception

1756124 Galina L. Tarasova v. David H. Steare 03/05/2013
Summary affirmance – appellant’s failure to comply with Rule 5A:20(e) is significant and Court will not consider her assignments of error

2028121 Rent A Center, Inc. and Fidelity & Guaranty Ins. Co. v. Mary Beatrice Phillips 03/05/2013
Summary affirmance – no error in commission’s decision finding appellee’s claim was not barred by statute of limitations and appellee’s rights with respect to filing a claim were prejudiced by appellants’ failure to timely file a first report of accident with the commission

2056113 Dewayne Thomas Garrison, Sr. v. Commonwealth of Virginia 03/05/2013
Trial court did not err in denying appellant’s motion to suppress evidence where his encounter with officer began as a consensual one and appellant did not submit to officer’s show of authority as he attempted to flee scene once officer indicated he was calling a drug detecting dog

2133124 The Standard Companies, Inc. et al. v. Brian K. Smith 03/05/2013
Summary affirmance – commission did not err in affirming senior claims examiner’s determination that there was not probable cause to refer appellants’ application to the evidentiary hearing docket

2451113 David Michael Bomber v. Commonwealth of Virginia 03/05/2013
Trial court did not err in refusing to strike second-degree murder indictment or merge the aggravated malicious wounding indictment into the second-degree murder indictment where the offenses had separate and distinct elements allowing for prosecution under both statutes

0582124 Denese Michelle Merritt Canedo v. Guillermo Alberto Canedo 02/26/2013
Appeal dismissed as moot where there remain no “live” issues relating to the bond

0839121 Terrell Jermaine Whitley v. Commonwealth of Virginia 02/26/2013
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of robbery and conspiracy to commit robbery as a principal in the second degree where it found appellant was present, hung around the area of the robbery, and shared in the proceeds

0851124 Denese Michelle Merritt Canedo v. Guillermo Alberto Canedo 02/26/2013
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings

1454124 Barbara Williams-Davidson v. Inova Fairfax Hospital and Inova Health System Foundation, Inc. 02/26/2013
Commission did not err in denying appellant’s claim for benefits where the statute of limitations was not tolled under Code § 65.2-602

1581124 Krista Pinto v. Fairfax County Department of Family Services 02/26/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child

1672122 Commonwealth of Virginia v. Francisco Becerra-Ochoa 02/26/2013
Trial court erred in finding good faith exception to the exclusionary rule did not apply and in granting motion to suppress evidence from a search of appellee’s home

1743122 Roger Gordon v. Sarah McInerney 02/26/2013
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance

0002121 Anthony James Eason v. Commonwealth of Virginia 02/19/2013
Trial court did not err in denying appellant’s motion to set aside the verdict based on a claim of after-discovered evidence

0317121 Marshall Demetrius Moyd v. Commonwealth of Virginia 02/19/2013
No reversible error in trial court’s striking of juror for cause where appellant does not contend he was denied a fair and impartial jury

0445124 William Michael Berger v. Commonwealth of Virginia 02/19/2013
Trial court erred in finding evidence was sufficient to support conviction of improper driving where no evidence in record evinces reckless or negligent behavior on appellant’s part; conviction reversed and dismissed

1165124 Betty L. Vermillion v. Kevin R. Vagt 02/19/2013
Trial court’s decision denying appellant’s motion for a change in child custody affirmed where appellant did not present or proffer evidence of what she claimed to be changed circumstances

2385114 Benton Hitt Mayo v. Commonwealth of Virginia 02/19/2013
Trial court did not err in denying motion to suppress where it properly concluded that appellant was not illegally detained and that the ensuing search was consensual

1150124 A. M. v. Commonwealth of Virginia 1150-12-4 02/12/2013
Appellant’s conviction of indecent exposure reversed and dismissed where evidence did not support conclusion that appellant’s behavior was obscene as defined by Code § 18.2-372

1306123 Larry Donnell Smith v. Virginia Cast Stone, Inc. and Employers Preferred Insurance Company 02/12/2013
Summary affirmance – issues raised on appeal waived as appellant failed to comply with Rules 5A:4(d), 5A:20(c), 5A:20(d), 5A:20(e), and 5A:20(h) and his failure to comply with these rules is significant

1502123 Justin S. Kramer v. Angela M. Kramer 02/12/2013
Summary affirmance – final decree of divorce affirmed

0076123 Lantron Nikia Womack v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that circumstantial evidence was sufficient for trial court to conclude that appellant possessed the gun in plain view on the driver’s seat of vehicle and the cocaine found in the console of vehicle next to gun

0688123 David Eddie Lamb v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that evidence was sufficient to prove appellant obtained electrical service by fraud and that he had specific intent to defraud when he obtained that electrical service

0710123 Linda Russell Lamb v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that evidence was sufficient to prove appellant received adequate notice of the disconnection of her electric service; appellant’s conviction of obtaining utility service without payment affirmed

0787114 Roger Bowman v. Commonwealth of Virginia 02/05/2013
Appellant’s conviction of grand larceny by embezzlement reversed where fatal variance existed between indictment and evidence presented at trial

1103114 Robert William Dougherty v. Commonwealth of Virginia 02/05/2013
As appellant failed to provide a sufficient record on appeal, this Court is unable to determine whether the trial court erred by failing to honor appellant’s plea agreement

1665123 Commonwealth of Virginia v. William Wade Henderson, III 02/05/2013
Trial court did not err in granting motion to suppress where trial court properly found that while probable cause existed for officer to go on premises, record is devoid of facts supporting exigent circumstances or that appellee gave consent to search his property

1885112 Ricky Ray Perdue, Jr. v. Commonwealth of Virginia 02/05/2013
Trial court did not err in finding evidence was sufficient to prove appellant constructively possessed the cocaine residue found in a metal tin at his feet in parked vehicle

2481112 Joseph Arthur Luis Klevenz v. Commonwealth of Virginia 02/05/2013
Trial court did not err in finding evidence was sufficient to support conviction of forcible sodomy or in finding victim was competent to testify; issues regarding motion for access to residence where crime occurred and trial court’s failure to administer oath to victim waived as they were not presented to trial court

0114122 Mondrell Laquint Smith, Jr. v. Commonwealth of Virginia 01/29/2013
Trial court erred in refusing to instruct jury on the law of self-defense and defense of others; conviction for felony cruelty to animal resulting in death reversed and remanded to trial court

0355123 Amanda Jean Toney v. Commonwealth of Virginia 01/29/2013
Trial court did not err in admitting results of appellant’s breathalyzer test

0443123 Ronda Brooks Parrish, s/k/a Rhonda Brooks Parrish v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s motion to suppress evidence obtained during a warrantless stop where appellant’s conduct gave rise to a reasonable inference she was engaged in criminal activity and the officer had reasonable suspicion to conduct a Terry stop

1269124 Deatra Burch v. City of Alexandria, et al. 01/29/2013
Summary affirmance – trial court did not err in dismissing appellant’s appeals from the juvenile court because it did not have jurisdiction where appellant did not file a timely written notice of appeal

2483112 George William Ferguson, Jr. v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s motion to suppress evidence recovered where officer had reasonable suspicion to believe criminal activity was afoot

2487114 Kenston Kangson Yi v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s proposed jury instructions, in denying appellant’s motion to suppress evidence discovered upon entry into appellant’s home, in denying appellant’s motion to suppress statements appellant made to police, or in holding that a statement made by one victim’s mother was not an excited utterance

2556112 Reginald Welford Watson, III v. Commonwealth of Virginia 01/29/2013
No error in trial court’s finding that fair market value of items stolen met the minimum $200 threshold to support conviction of grand larceny; trial court did not err in sentencing appellant to a term of active incarceration

0241124 Leonel Alexander Vasquez v. Commonwealth of Virginia 01/22/2013
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea where it found appellant failed to establish a good faith basis for withdrawal of his plea

0862124 Deborah Marie Collins v. Michael Joseph Collins 01/22/2013
Trial court did not err in granting motions to reconsider and hearing further evidence or in awarding attorney’s fees to appellant; trial court erred in not assigning a value to the business and not including it in its equitable distribution of the marital estate; award of spousal support also remanded to trial court to recalculate

1156123 Donita Estep v. Virginia Retirement System 01/22/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits

1157123 Teresa Stiltner v. Virginia Retirement System 01/22/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits

1377121 Noah Schwartz, Jr. v. Amy Elizabeth Schwartz 01/22/2013
Summary affirmance – trial court did not abuse its discretion in finding a change in circumstances based upon appellee’s testimony and in awarding appellee spousal support; other issues waived under Rule 5A:20

1420121 Commonwealth of Virginia v. Alvin Daniel Gatewood 01/22/2013
Trial court did not err in granting appellee’s motion to suppress statements made during interview with social worker where it found appellee did not knowingly, intelligently, and voluntarily waive his Fifth and Sixth Amendment rights

1486124 International Technology Industry, Inc. v. Dylan Cannon 01/22/2013
Summary affirmance – issues raised on appeal waived where appellant’s failure to comply with Rule 5A:20 is significant

1513121 Commonwealth of Virginia v. James Elmber Hudgins 01/22/2013
Trial court erred in granting appellee’s motion to suppress where it held community caretaker exception only applies in situations where public safety is at risk; properly applied, community caretaker exception justified inventory search of appellee’s truck

1569114 Flor De Maria Benitez Rios v. Commonwealth of Virginia 01/22/2013
Issues regarding whether trial court erred in denying motion to strike and sufficiency of evidence waived where appellant did not make a motion to strike at conclusion of all the evidence and did not move to set aside the verdict

1667122 Morris Tile Distributors of Richmond, Inc. et al. v. Azita Dubois 01/22/2013
Summary affirmance – no error in commission’s award of permanent partial disability benefits to appellee for her left shoulder

0038121 Mariam Wallace-Lee Guirguis, f/k/a Mariam Guirguis Salib v. Victor Fahim Salib 01/15/2013
Trial court did not err in vacating December 8, 2009 show cause order more than twenty-one days after its entry as it was not a final order; trial court erred in finding evidence proved separation agreement was unconscionable

0092121 Dawit Alemayehu Habtemariam v. Commonwealth of Virginia 01/15/2013
No error in appellant’s conviction of forcible sodomy where Commonwealth’s evidence was sufficient to prove penetration

0916122 Zaskecha Washington v. Fredericksburg Department of Social Services 01/15/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four children

0961121 Andrea Michelle Lofton v. Norfolk Department of Human Services 01/15/2013
Summary affirmance – order terminating appellant’s parental rights to her child affirmed

1102122 Dan Procise v. Suitt Construction Company, et al. 01/15/2013
Summary affirmance – Court will not consider appellant’s arguments as his failure to comply with Rule 5A:20 is significant

1228122 The Uninsured Employer’s Fund v. William R. Carter 01/15/2013
Commission’s order awarding appellee interest on an award in unclear on its face as to the party responsible to pay the interest; matter remanded to commission to clarify its order

1648123 Karen D. Ware v. Central Virginia Training Center/Commonwealth of Virginia 01/15/2013
Summary affirmance – commission’s finding that appellant failed to meet her burden of proving a prima facie case that she was underpaid her workers’ compensation benefits affirmed

0514122 James Emmett Hines, Jr. v. Commonwealth of Virginia 01/08/2013
Trial court erred in finding evidence was sufficient to prove appellant was the criminal agent responsible for the victim’s injuries; conviction of malicious wounding reversed and indictment dismissed

0576124 Target Corporation and Sedgwick Claims Management Services v. Wilma Velasquez 01/08/2013
Commission did not err in awarding permanent partial disability benefits to appellee where appellee filed her claim for the benefits well within the thirty-six month time period prescribed by Code § 65.2-708(B) and fact that the evidence supporting claim was not obtained until after that time period had passed does not bar claim

0670123 Crystal Marie Lewis v. Pulaski County Department of Social Services 01/08/2013
Termination of appellant’s parental rights affirmed where record does not contain a transcript of the trial proceedings and the written statement of facts in record was not timely filed; transcript or statement of facts is indispensable to determination of issue raised on appeal

1446111 Jarice Lamier Royal v. Commonwealth of Virginia 01/08/2013
No reversible error in trial court’s denial of appellant’s motion to suppress statements made during an interview where from evidence presented there is no reasonable possibility that the admission of those statements contributed to appellant’s conviction

1701124 Viking Contracting, Inc. and Liberty Insurance Corporation v. Maria Elena Aliaga 01/08/2013
Summary affirmance – no error in commission’s decision that appellee was totally disabled and had no duty to market her residual work capacity

1888114 Michael Donnell Green v. Commonwealth of Virginia 01/08/2013
Appellant’s conviction of use of a firearm in commission of a felony affirmed where record does not show that trial court ruled on the specific argument appellant raised on appeal and, accordingly, there is no ruling of the trial court for this Court to review

1323121 Dish Network Corporation, et al. v. Robert Lawrence Robinson, Jr. 12/26/2012
Summary affirmance – no error in commission’s finding that statute of limitations did not bar appellee’s claim for surgery for cubital tunnel syndrome and related disability benefits and appellee met his burden to establish that his ulnar nerve problem is causally related to his injury

1395124 Narinder Singh v. Babita Rani 12/26/2012
Appellant’s issue of whether trial court erred in deviating from the presumptive child support guidelines without making written findings barred by Rule 5A:18

1532123 Steven Wayne Smith v. Crown Construction Management Services, Inc. et al. 12/26/2012
Summary affirmance – no error in commission’s award of benefits to appellant

0269121 John Carroll Campbell, II v. Commonwealth of Virginia 12/18/2012
Trial court properly denied appellant’s pretrial motion for appointment of a special prosecutor and appellant waived any further objection by failing to renew that objection at trial; evidence was sufficient to support convictions

0273121 Marquice Bynum v. Commonwealth of Virginia 12/18/2012
Trial court did not err in denying appellant’s motion to suppress the cocaine recovered from a search incident to appellant’s arrest where officer had probable cause to arrest appellant at the point where appellant dropped his coat in the street

0305121 Bruce Edward Cahill v. Maureen A. Cahill 12/18/2012
Final decree of divorce affirmed where Court is unable to consider issues raised on appeal as appellant did not file a transcript of the hearing and trial court certified appellant’s proposed statement of facts was incomplete, failed to accurately represent the full trial record, and a transcript was available

0478121 Craig Rodney Lewis v. Commonwealth of Virginia 12/18/2012
Trial court did not err in convicting appellant of possession of cellular phone by a prisoner where Code § 18.2-431.1 applies to prisoners of local as well as state correctional facilities and evidence was sufficient to support convictions

0499121 Nahfis Talib Assem Nichols v. Commonwealth of Virginia 12/18/2012
Conviction of conspiracy to commit first-degree murder reversed where evidence did not exclude reasonable hypothesis of innocence that appellant was merely aiding and abetting the commission of the murder of the victim and did not prove beyond a reasonable doubt that he entered into an agreement to kill the victim

0655121 Brian David Dudash v. Commonwealth of Virginia 12/18/2012
Revocation of appellant’s suspended sentence reversed where appellant’s probationary period had not been validly extended and had expired at the time of the violation

0805112 Kevin Meredith Lucas v. Commonwealth of Virginia 12/18/2012
Appellant’s convictions of second-degree murder and felony child neglect affirmed where appellant cannot challenge on appeal the jury instructions he agreed the trial court should give to the jury

1621113 Rodney Lamar Carter v. Commonwealth of Virginia 12/18/2012
Trial court did not abuse its discretion in admitting into evidence a certified copy of the certificate of analysis; conviction of possessing cocaine with intent to distribute, third or subsequent offense affirmed

2466111 Savannah A. O’Berry v. Commonwealth of Virginia 12/18/2012
Trial court did not err in finding evidence was sufficient to prove that child victim’s injury was the result of a willful act on appellant’s part and was not the result of an accidental trip and fall as appellant alleged

0106121 Carol L. Brooks v. Commonwealth of Virginia 12/11/2012
Trial court erred in refusing jury instructions on self-defense and heat of passion where there was evidence to support them

0263124 Quijang Wang, a/k/a Julie Wang v. Jack Ray Crumpacker 12/11/2012
Summary affirmance – issues raised on appeal barred by Rule 5A:18 and Rule 5A:8; additional issue moot

0331123 Sherrie L. Hustead v. City of Roanoke Department of Social Services 12/11/2012
Summary affirmance – appellant failed to provide an adequate appendix or exact references as to where she preserved her issues raised on appeal; these failures to comply with Rules 5A:20 and 5A:25 are significant

1120124 Assell Ibrayeva v. Andrei J. Kublan 12/11/2012
Summary affirmance – no error in final divorce decree

0189121 Jamal Ferebee v. Commonwealth of Virginia 12/04/2012
No error in trial court’s finding that evidence was sufficient to support conviction of possession of marijuana with intent to distribute where fact finder could properly infer appellant knew of the nature and character of the marijuana in the vehicle

0446124 Madiha Gobashi v. Fairfax County Public Schools 12/04/2012
No error in commission’s finding that appellant’s right knee injury did not arise out of her employment and concluding that appellant was not entitled to temporary total disability benefits and medical benefits

1032112 Jennifer Nicole Shifflett v. Commonwealth of Virginia 12/04/2012
Trial court erred in finding evidence was sufficient to support convictions of felony child neglect where evidence did not establish children were exposed to a probability or substantial risk of serious injury or death; convictions reversed

1139121 Rebecca Lewis v. Stephen Bailey 12/04/2012
Summary affirmance – no error in trial court’s order dismissing appellant’s request for contribution from appellee for their child’s private school tuition and child care costs

2381113 David John Neuhs v. Patricia Ann Richardson Neuhs 12/04/2012
Equitable distribution award affirmed in part, reversed in part, and remanded to trial court for reconsideration; trial court also to reconsider issue of spousal support

0218123 Mary Hampson v. Virginia Employment Commission, et al. 11/27/2012
No error in trial court’s order affirming decision of Commission denying appellant unemployment benefits

0445124 William Michael Berger v. Commonwealth of Virginia 11/27/2012
Appeal dismissed where appellant’s assignment of error is insufficient under Rule 5A:12(c)(1)(ii)

0719122 Willie Alvin Patron, Jr. v. Andrea A. Furtado 11/27/2012
No error in trial court’s final divorce decree classifying certain property as jointly owned when appellant asked it to do so, awarding primary custody of parties’ child to appellee, in ordering appellant to pay child support to appellee, or in assessing attorney’s fees against appellant

1084114 Carol Mosca v. Commonwealth of Virginia 11/27/2012
Trial court erred in applying the preponderance of the evidence standard when the correct standard to be applied was beyond a reasonable doubt; order declaring appellant in violation of Code §§ 3.2-6569 and 3.2-6500 reversed and matter remanded to trial court for new trial applying correct burden of proof

1532111 Myron Lewis v. Commonwealth of Virginia 11/27/2012
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant participated in a conspiracy to commit robbery and did not merely aid and abet the robbery

1937111 Aaron Christopher Searcy v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to prove an agreement to commit robbery; conspiracy conviction affirmed

2173112 Hollie Ann Swann v. Commonwealth of Virginia 11/27/2012
Evidence was insufficient as a matter of law to convict appellant for possession of ammunition as a convicted felon; conviction reversed and final judgment entered

2417111 Darris Altony Newsome v. Commonwealth of Virginia 11/27/2012
Trial court did not err in refusing to allow a witness to testify as to victim’s reputation for truth and veracity where based on proffer to trial court the witness had too narrow a foundation for her testimony to be admissible as evidence of victim’s general reputation for truthfulness

2566111 Christopher Burkeen v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where appellant’s act of punching victim in the face with great force and without provocation combined with the severity of the victim’s injuries proved requisite intent

2582112 De’mon Lamont Berry v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to support convictions of robbery, possession of a firearm after having been previously adjudicated delinquent of an offense that would be violent felony if committed by an adult, and use of a firearm in commission of robbery

0237122 Mark A. Vannatta v. Linda M. Vannatta 11/20/2012
No error in trial court’s award of spousal support to appellee where trial court properly considered the Code § 20-107.1(E) factors; trial court did not err in limiting the award to a defined duration

0285123 Commonwealth of Virginia, Dept. of Professional and Occupational Regulation, etc. v. Karen Mathesius 11/20/2012
Trial court abused its discretion by considering additional evidence on appeal that was not contained in the agency record, by finding that the Board’s decision was arbitrary and capricious, and by reversing the Board’s decision denying appellee’s claim

0359124 Samuel David Burns v. Jennifer Carol Burns, n/k/a Jennifer Carol Boelter 11/20/2012
Error in trial court’s holding that consent order from August 2010 precluded appellant from seeking modification of child support where that order addressed child custody and visitation only

0653122 Robert C. David v. Cheri Gina David 11/20/2012
Trial court did not err in classifying the credit card debt as marital debt; trial court erred in classifying the entire appreciation of appellant’s brokerage account as marital property

0906124 Melissa Owens v. Winchester Department of Social Services 11/20/2012
Trial court did not err in terminating appellant’s parental rights to her child where appellant did not demonstrate that she remedied her situation and that she was capable of taking care of the child

0985123 Commonwealth of Virginia v. Elbert Smith, Jr. 11/20/2012
Trial court erred by concluding Code § 19.2-243 barred appellant’s prosecution under a new set of indictments when it reconsidered its decision from appellant’s first proceeding where indictments had been nolle prosequied and did not run speedy trial time limits anew in the second proceeding

0986123 Heather Witt v. Harrisonburg Rockingham Social Services District 11/20/2012
Trial court did not err in changing the goals of the foster care plans to adoption, in finding termination was in the best interests of appellant’s children, or in terminating appellant’s parental rights to her children

1379123 Sara J. Rosenfelt v. Harrisonburg Rockingham Social Services District 11/20/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(E)

2121113 Wesley L. Wooddell v. Simone M. Lagerquist 11/20/2012
Trial court erred in finding appellant was a non-parent to the child and in holding that appellant lacked standing to seek custody or visitation with the child

2441113 The Dealer's Lot, Inc. and Erie Insurance Exchange v. Lydia Carol Jenkins 11/20/2012
No error in commission’s finding that appellants’ pre-approval of appellee’s surgery followed by the subsequent refusal to cover the cost of the surgery after it had been performed was plainly unfair and resulted in a clear imposition to appellee

2543113 Matthew Tyler King v. Commonwealth of Virginia 11/20/2012
No error in trial court’s finding that evidence was sufficient to prove appellant, while a prisoner, knowingly possessed razor blade found beneath a sticker on his drinking cup

1113122 Commonwealth of Virginia v. Denise Stacy-Ann Crooks 11/15/2012
Trial court did not err in granting appellee’s motion to suppress where the consent, search, and evidence seized were the product of an illegal detention and were illegally obtained

0013122 Jonathan Donell Burton v. Commonwealth of Virginia 11/13/2012
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that criminal activity was afoot and that appellant might be armed and dangerous

0077124 Damon James Bernard Taylor v. Angela Paige Taylor 11/13/2012
Summary affirmance – equitable distribution award affirmed; as appellant failed to comply with Rule 5A:20(e) and that failure is significant, additional issues regarding marital property will not be considered

0084124 Damon James Bernard Taylor v. Angela Paige Taylor 11/13/2012
Summary affirmance – appellant’s issues regarding visitation will not be considered as appellant failed to comply with Rule 5A:20(e)

0402121 Thurston L. White, Jr. v. Commonwealth of Virginia 11/13/2012
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to believe the package contained narcotics

0899121 William Lester Graham v. Amy Lorraine Owens and James Brian Owens 11/13/2012
Summary affirmance – trial court did not err in denying appellant’s motion to strike and granting the petition for adoption when adoption was in best interest of child and appellant was withholding his consent contrary to best interest of child

1957112 Clifton Lee Harris v. Laura Teresa Harris 11/13/2012
No error in trial court’s finding that appellant did not prove by clear and convincing evidence that appellee was cohabitating with her boyfriend; appellant’s issue regarding lay opinion testimony waived under Rule 5A:20(e)

0129122 Nikolaos Kollas v. Commonwealth of Virginia 11/06/2012
Trial court erred in admitting the tuning fork calibration certificates into evidence where the certificates failed to meet the authentication and certification requirements of Code § 8.01 391(B)

0183122 Clifford B. Roye v. Commonwealth of Virginia 11/06/2012
Trial court erred in revoking appellant’s suspended sentence is excess of the actual time he had remaining; matter remanded to trial court for imposition of new revoked sentence

0609121 Shawn Parker v. Virginia Beach Department of Human Services 11/06/2012
Summary affirmance – trial court did not abuse its discretion in finding that termination of appellant’s parental rights to his child was in child’s best interest and that there was sufficient evidence to support termination

0610121 Shawn Parker v. Virginia Beach Department of Human Services 11/06/2012
Summary affirmance – trial court did not abuse its discretion in finding that termination of appellant’s parental rights to his child was in child’s best interest and that there was sufficient evidence to support termination

0761124 Joanne Harrison v. Veolia-Lorton and Old Republic Insurance Company 11/06/2012
Summary affirmance – Court will not consider appellant’s arguments she failed to comply with Rule 5A:20 and that failure is significant

1584111 Murrae Fonche Mack v. Commonwealth of Virginia 11/06/2012
Appeal dismissed where appellant failed to note an assignment of error cognizable before this Court; additional assignments of error raised by appellant in his opening brief were not contained in his petition and were not granted by the Court and assignment of error in petition is inadequate and does not comply with Rule 5A:12(c)(1)(ii)

1819111 Stephen James Franklin v. Commonwealth of Virginia 11/06/2012
Trial court did not err in refusing to suppress appellant’s statements where appellant reinitiated contact with the detective when he attempted to take appellant before a magistrate; trial court did not err in denying appellant’s double jeopardy argument

2371111 Kathleen Susann Ganiere v. Commonwealth of Virginia 11/06/2012
Trial court did not abuse its discretion or prejudice appellant’s rights by refusing to continue a sentencing hearing so that appellant could rebut a putative expert opinion the court expressly refused to consider

0414122 William F. G. DeVillier v. Elizabeth R. DeVillier 10/31/2012
Summary affirmance – trial court did not err in interpreting the consent order and proceeding with the hearing as a modification of child support rather than an initial determination of child support

2036112 Troy J. Davis v. Commonwealth of Virginia 10/31/2012
Evidence was insufficient to prove appellant’s conduct was so gross, wanton, and culpable as to indicate a callous disregard of human life in violation of Code § 18.2-371.1(B); conviction reversed and indictment dismissed

0693124 Christopher Andre S. W. Quincer v. Commonwealth of Virginia, et al. 10/23/2012
Summary affirmance – trial court did not err in denying appellant’s motions and in granting appellee’s motions to dismiss

1667114 Felecia Amos v. Commonwealth of Virginia 10/23/2012
Petition for Rehearing En Banc granted

1961111 Phillip Howell Delain v. Commonwealth of Virginia 10/23/2012
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of statutory burglary

2225112 Demonte M. Burgess v. Commonwealth of Virginia 10/23/2012
Trial court did not err in denying appellant’s motion to remove a juror mid-trial after it was discovered that she was the cousin of a non-testifying bystander

0275122 Murray Hardison Wright v. Nancy Lind Mercer Wright 10/16/2012
Trial court’s order reducing appellant’s spousal support obligation affirmed

1726111 Travis Tremaine Gibbs v. Commonwealth of Virginia 10/16/2012
Evidence was sufficient for jury to find appellant guilty of use of firearm in commission of robbery; trial court did not err in instructing jury on firearm offense; as trial court erred in sentencing appellant in excess of the maximum set by the jury, convictions of robbery, wearing a mask, and conspiracy remanded for resentencing

1775112 Tyrone Younger v. Commonwealth of Virginia 10/16/2012
Trial court did not err in allowing the Commonwealth to introduce into evidence appellant’s statement as substantive evidence

1891111 Donte Devan Mitchell v. Commonwealth of Virginia 10/16/2012
Appellant’s conviction for use of firearm in commission of robbery reversed and final judgment entered where evidence did not establish the use or attempted use of a firearm or an instrumentality that had the appearance of a firearm

2107111 Jahkeem Al-Tamir Shepperson v. Commonwealth of Virginia 10/16/2012
No error in trial court’s finding that evidence was sufficient to support convictions of rape, sodomy, object sexual penetration, and abduction with intent to defile

2453114 Carletta Talaya Carter Stewart v. Commonwealth of Virginia 10/16/2012
Trial court did not violate Code § 19.2-299 or Judicial Canon 3B(7), two grounds raised on appeal, in reviewing a presentence report of a defendant in a related case

2617114 Gopalakrishnan Subramanian v. Ranjeetha Ravichandran 10/16/2012
Order of trial court refusing to enter appellant’s draft order granting him a divorce affirmed where appendix does not contain records from trial court necessary to support his assertions of where he preserved his assignments of error and his statement of facts, which was included in appendix, was not signed by trial judge

0470123 Nickey Daniel Hatcher v. Bristol, Virginia Department of Social Services 10/09/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(1) and (C)(2)

0688113 Damien Davon Benguche v. Commonwealth of Virginia 10/09/2012
No error in trial court’s finding that evidence was sufficient to prove appellant’s constructive possession of the firearm; conviction of possession of firearm by convicted violent felon affirmed

0791113 Connie Beth Klewer v. Commonwealth of Virginia 10/09/2012
Trial court did not err in finding evidence was sufficient to support convictions for electronic solicitation of a minor and possession of child pornography or in finding Russell County was proper venue to prosecute cases; issue regarding whether images of appellant’s breasts constitute “sexual or genital parts” barred by Rule 5A:18

1033123 Tai Sharrock v. Shenandoah Valley Department of Social Services 10/09/2012
Summary affirmance – termination of appellant’s parental rights to her child affirmed where appellant presented no argument in support of her assignment of error and failed to file a transcript or statement of facts which is indispensable to determination of sufficiency of evidence to support termination

1326113 Othesues Delano Hairston, s/k/a Othersues Delano Hairston v. Commonwealth of Virginia 10/09/2012
Trial court did not abuse its discretion in admitting evidence of drugs recovered from vehicle in which appellant was a passenger when charge for which he was on trial was possession of a firearm by a convicted felon and was not drug related

1828113 Keith Lamonte Hill v. Commonwealth of Virginia 10/09/2012
Trial court did not err in denying appellant’s motion to suppress where, even assuming that placement of GPS device constituted unreasonable search or seizure, independent sources provided probable cause for appellant’s arrest and the accompanying search of his vehicle

1925111 Jennifer Sherrice Milton v. Commonwealth of Virginia 10/09/2012
Trial court did not err in denying appellant’s motion to withdraw her guilty plea where appellant did not present evidence that “manifest injustice” occurred when she entered her guilty plea

2086113 Robert S. Jones v. Cristobel O. von Hemert Jones 10/09/2012
Trial court did not err in classifying small farm as appellee’s separate property, in finding appellant did not prove outstanding debts to his friends, in determining rental value of rental home as a marital asset or in determining value or horses; equitable distribution award affirmed

2245111 Joey Demeral Jernigan v. Commonwealth of Virginia 10/09/2012
Appeal dismissed where assignment of error was insufficient and did not address an error of trial court

0857123 Richard Ellis v. Harrisonburg-Rockingham Social Services District 10/02/2012
Summary affirmance – no error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to his child where termination was in child’s best interest

1303113 David Andrew Kelley v. Commonwealth of Virginia 10/02/2012
Trial court did not err in admitting evidence that appellant possessed other stolen trailers and lawn mowers not at issue in this proceeding where the probative value outweighed any prejudice and jury was given an instruction limiting the purpose for which the evidence could be considered

1731112 Donald William Hall, II v. Commonwealth of Virginia 10/02/2012
Trial court did not err in finding evidence was sufficient to convict appellant of felony eluding or in finding appellant’s conviction was not prohibited by constitutional or statutory double jeopardy bars

2069112 Kerry O’Brien Smith v. James Brown Smith, III 10/02/2012
Summary affirmance – final divorce decree affirmed where issues procedurally defaulted under Rules 5A:18, 5A:20, and 5A:25

2195111 France Arthur Brokenberry v. Commonwealth of Virginia 10/02/2012
Trial court did not err in denying appellant’s motion for appointment of an expert in field of sleep disorders because the expert witness testimony was irrelevant to any issue at trial

2207112 Javaughn Marquel Breland v. Commonwealth of Virginia 10/02/2012
Trial court did not err in denying appellant’s motion to strike abduction charge where abduction was separate and apart from, and not merely incidental to, restraint used in the assault and battery

2275112 Sherrie Norma Foster v. Commonwealth of Virginia 10/02/2012
No error in trial court’s finding that appellant agreed with another to meet informant in order to sell him cocaine and that appellant’s part in the conspiracy was neither innocent nor inadvertent

0307124 Ronald Anthony Lilley v. Jill Wilson 09/25/2012
Trial court’s order regarding child support and an award of attorney’s fees to appellee for a hearing on the statement of facts challenge affirmed

0556122 Brian Anthony McPhail v. Gracie Stinnett McPhail 09/25/2012
No error in trial court’s child support order interpreting the parties’ property settlement agreement

1429112 James Clelan Massa v. Commonwealth of Virginia 09/25/2012
Trial court did not err in finding evidence was sufficient to support grand larceny conviction where evidence proved appellant abandoned weapon and never expressed any intent to return it to its owner; conviction of possession of concealed weapon by a felon affirmed pursuant to Rule 5A:18

0914124 Manorcare Health Services, et al. v. Shannon L. Walker 09/18/2012
Summary affirmance – no error in commission’s finding that appellants are responsible for the cost of appellee’s ongoing medical treatment for her lower back as it is necessary, reasonable, and causally related to her work accident

0592124 Prasad Ponnekanti v. Usha Ananthapadmanabhan 09/11/2012
Summary affirmance – no error in trial court’s order regarding child support or attorney’s fee award

0694122 Michael-David Robinson v. Carmella Fran Robinson 09/11/2012
Summary affirmance – no error in trial court’s interpretation of the Agreement between the parties regarding the date of valuation of the parties’ former marital residence

2571114 Kevin Logan, Jr. v. Fairfax County Department of Social Services 09/11/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his five children

2608114 Jennifer Logan v. Fairfax County Department of Social Services 09/11/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children

0572122 Mark L. Byrd v. Melinda C. Byrd 09/04/2012
Summary affirmance – judgment of trial court awarding rehabilitative spousal support affirmed as appellant failed to address factors considered by trial court in his brief, the appendix failed to include any testimony or other incidents of case germane to assignment of error, and replacement brief falls short of threshold showing of adequacy

0706122 Charles Smith v. Lewis Tree Service and American Zurich Insurance Company 09/04/2012
Summary affirmance – decision of commission finding appellant did not prove he suffered a compensable injury by accident affirmed

0833122 City of Fredericksburg and VML Insurance Programs v. Juanna Grijalva 09/04/2012
Summary affirmance – decision of commission awarding temporary total disability benefits to appellee affirmed

0834124 EG&G Technical Services, Inc. et al. v. Cheryl L. Tiffany 09/04/2012
Summary affirmance – decision of commission reinstating disability benefits to appellee affirmed

2344111 Tamena Wilson v. Fitzgerald Britton 09/04/2012
Summary affirmance – order awarding legal and physical custody of parties’ child to appellee affirmed; issue regarding violation of a prior order of the court barred by Rule 5A:18

0574123 Sybil Moody v. Shenandoah Valley Department of Social Services 08/28/2012
Summary affirmance – as appellant provided an insufficient record to this Court, we are unable to review her assignment of error

0942123 Daniel Burnette v. Bristol Department of Social Services 08/28/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)

2394104 J. David Pratt v. Morgan Patricia Pratt 08/21/2012
Upon rehearing by panel – error in trial court’s equitable distribution award; case remanded to trial court

0301124 Tahira Naseer v. Hamid Moghal 08/14/2012
Trial court did not err in granting appellee an annulment where appellee presented clear and convincing evidence that appellant had not obtained a legal divorce before she married appellee

0846121 Disamodha C. Amarasinghe, M.D. v. Commonwealth of Virginia et al. 08/14/2012
Summary affirmance – a transcript or written statement of facts of the March 21, 2012 hearing is indispensable to a determination of issues appellant raises on appeal; record on appeal does not contain that transcript or written statement of facts

1667114 Felecia Amos v. Commonwealth of Virginia 08/07/2012
Judgment of trial court finding appellant in summary contempt affirmed as appellant failed to preserve her assignments of error on appeal and the ends of justice exception of Rule 5A:18 does not apply

2095114 Richard Clayton v. State Building Code Technical Review Board 08/07/2012
Trial court did not err in finding appellee committed no error of law and upholding its finding that neither the Statewide Fire Prevention Code nor the Virginia Public Building Safety Regulations requires the retrofitting of firestops in appellant’s building

2529112 Brandy Nicole Beard v. Halifax County Department of Social Services 08/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children where appellee presented clear and convincing evidence to support the termination

0064121 Lisa Dolak v. Virginia Beach Department of Human Services 07/31/2012
Appellant’s argument that trial court erred in terminating her parental rights to child in her absence waived under Rule 5A:18 where appellant was given proper notice of the hearing and did not appear and signed final order “[s]een and objected to” with no grounds given for the objection

0065121 Jarrod Dolak v. Virginia Beach Department of Human Services 07/31/2012
Appellant’s argument that trial court erred in terminating his parental rights to child in his absence waived under Rule 5A:18 where appellant was given proper notice of the hearing and did not appear and signed final order “[s]een and objected to” with no grounds given for the objection

0351122 Michael C. Wallace, Sr. v. Anita W. Wallace 07/31/2012
Summary affirmance – trial court’s order regarding payment of appellant’s son’s student loans affirmed

2542112 CJW Medical Center and ACE American Insurance Company v. Michelsha Wallace 07/31/2012
Commission erred in finding appellant’s injury arose out of her employment where it incorrectly applied the actual risk test to the undisputed facts of this case

0394124 Eric Eliezer Nelson v. Elizabeth Groff Sanders 07/24/2012
Summary affirmance – as appellant has raised in a previous appeal the same assignments of error between the same parties with the same facts, the decision of this Court in the prior case is the law of the case

0583111 Orna Lee Terrell v. Commonwealth of Virginia 07/24/2012
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where it found there was no good faith basis to withdraw the plea

1595114 Kevin Jack Johnson v. Commonwealth of Virginia 07/24/2012
Appellant’s conviction of larceny, third or subsequent offense affirmed where trial court’s admission of other crimes evidence was harmless

2042114 Sheila E. Brennan v. Paul D. Albertson 07/24/2012
Trial court did not err in finding appellant was cohabiting in a relationship analogous to marriage and in terminating the previously ordered spousal support

0037124 Sharon Ruth Tucker v. John Harrison Clarke 07/17/2012
Summary affirmance – no error in trial court’s custody order awarding appellee sole legal and physical custody of parties’ child

0395122 John E. Venable v. S & M Brands, Inc. and Commerce & Industry Insurance Company 07/17/2012
Summary affirmance – no error in commission’s finding that appellant did not suffer a compensable spinal injury as a result of his work-related accident and that his spinal surgery and related medical expenses were not the result of his work-related accident

1682112 Jamar Anthony Williams v. Commonwealth of Virginia 07/17/2012
Appellant’s conviction of grand larceny of rental vehicle affirmed where appellant had recent, exclusive possession of stolen vehicle and his false explanation were sufficient to justify inference appellant was the thief; Chesterfield County was proper venue to prosecute case

1875114 Kaipha Sherman Brown v. Kadiatu Kukie Brown 07/17/2012
Summary affirmance – final decree of divorce affirmed; trial court did not err in denying appellant’s request for spousal support or in awarding attorney’s fees to appellee; other issues barred by Rule 5A:18, 5A:20 and waiver

2559111 Joseph Michael Russell v. Nancy Lynne Russell 07/17/2012
Trial court did not err in dismissing appellant’s motion to show cause and motion to vacate orders relating to his divorce action where trial court had subject matter jurisdiction over the child custody issue and appellant did not properly challenge the orders in the trial court

0092111 Lendell C. Bryant v. Commonwealth of Virginia 07/10/2012
Appellant’s conviction of selling or distributing stolen property under Code § 18.2-108.01(B) reversed where appellant was convicted for an offense not charged in the indictment and not properly viewed as a lesser-included offense of Code § 18.2-108.01(A)

0314123 Commonwealth of Virginia v. Lisa Waller Butcher 07/10/2012
Trial court erred in suppressing appellee’s statements made during a station house interview conducted four months before her arrest where officer did not violate appellee’s Miranda rights; matter remanded to trial court for trial

0385111 Antwone Linn Jackson v. Commonwealth of Virginia 07/10/2012
Trial court did not err in granting the Commonwealth’s motion to amend the rape indictment to charge object sexual penetration and in concluding the evidence was sufficient to support appellant’s challenged conviction for robbery

1239112 Joseph Michael Rodriguez, Jr. v. Commonwealth of Virginia 07/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant solicited another to act as an accessory before the fact; appellant’s conviction of solicitation to commit a commit a felony affirmed

1454112 John Clifford Hutt, III v. Commonwealth of Virginia 07/10/2012
Appellant’s convictions of grand larceny, forgery, and uttering affirmed where admission of affidavits constitutes harmless error in light of other evidence before the trial court

1685114 Joshua Wayne Dellinger v. Commonwealth of Virginia 07/10/2012
No error in trial court’s finding that evidence was sufficient to prove the value of the stolen goods was $200 or more; conviction of receiving stolen property affirmed

1934111 Jamaal Samuel Wyche v. Commonwealth of Virginia 07/10/2012
Trial court did not err in allowing an expert witness to testify about gang practices and terminology where such testimony was probative as to appellant’s identity and was cumulative of what the jury already heard from other testimony and exhibits

2567101 Mark Van Kersey v. Commonwealth of Virginia 07/10/2012
No error in trial court’s finding that Commonwealth presented sufficient evidence to prove victim’s injury caused a permanent and significant physical impairment

0155124 Faye Ferrell v. Alexandria Department of Community and Human Services 07/03/2012
Trial court did not err in terminating appellant’s parental rights to her youngest child or in approving the entrustment agreement

1006111 Maurice Daquon Moore v. Commonwealth of Virginia 07/03/2012
Trial court did not err in finding evidence was sufficient to prove appellant acted with the requisite intent to maim, disfigure, disable or kill an unintended victim; convictions of malicious wounding, use of a firearm in the commission of a felony, and shoot, stab, cut or wound in the commission of a felony affirmed

2338112 Fred L. Myers v. Madison Wood Preservers and Employers Preferred Insurance Company 07/03/2012
No error in commission’s finding that claimant failed to meet his burden of proving a causal connection between the workplace accident and his knee condition

2569113 Michael Gearing v. Shenandoah Valley Department of Social Services 07/03/2012
Summary affirmance – judgment of trial court terminating appellant’s parental rights to his child affirmed where appellant’s argument is barred by Rule 5A:18

0170124 Fine Grind, Inc., d/b/a Hard Times Café v. Virginia Department of Alcoholic Beverage Control 06/26/2012
Summary affirmance – trial court did not err in affirming appellee’s decision to suspend appellant’s alcohol license

0698112 Charles Goodwin Jordan v. Elaine Richardson Jordan 06/26/2012
Final decree of divorce affirmed where trial court did not err in limiting evidence concerning appellee’s alleged adultery and appellant has not established his need for spousal support

1952114 Eugenio Cid v. Ofelia Perez De Cid 06/26/2012
Trial court did not abuse its discretion in declining to modify appellant’s spousal support obligation where the change in the parties’ income, by itself, did not constitute a material change in circumstances and did not affect appellant’s ability to pay spousal support

2386114 Eric Eliezer Nelson v. Elizabeth Groff Nelson, n/k/a Elizabeth Groff Sanders 06/26/2012
Judgment of trial court affirmed where appellant failed to preserve the issues for review

2497112 Lisa Jennings v. Richmond Public Schools and Sedgwick Claims Management Services, Inc. 06/26/2012
No error in commission’s finding that appellant’s tripping accident did not arise out of her employment

2605111 Devon Turner v. City of Hampton Department of Social Services 06/26/2012
Judgment of trial court affirmed where appellant failed to comply with Rule 5A:20(e) and failure to comply with rule is significant

0979114 Steven Michael Simmons v. Commonwealth of Virginia 06/19/2012
Trial court did not err in finding evidence was sufficient to prove appellant was intoxicated at the time he drove his vehicle

1206114 Michael Gene Howell v. Commonwealth of Virginia 06/19/2012
Trial court did not err in allowing witness to testify to what witness observed on store’s surveillance video, in allowing a jury instruction on flight or in prohibiting jury from hearing testimony regarding codefendant’s sentence during penalty phase of appellant’s trial

1270114 Reginald Cornelius Latson v. Commonwealth of Virginia 06/19/2012
Trial court did not err in finding evidence was sufficient to prove appellant applied some force to the door in order to enter the residence; conviction of statutory burglary affirmed

1801114 Justin Gerensky-Greene v. Dimiter Gerensky 06/19/2012
Trial court did not err in granting appellee’s motion for a nonsuit; appellant’s arguments regarding motion for sanctions and appellee’s medical records barred by Rule 5A:18

0009122 Brianca Thomas v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her son or in approving goal of adoption

0059124 Andrew Bilski v. Christina Biliski 06/12/2012
Summary affirmance – order of trial court affirmed where appellant failed to include in appendix a part of the record essential to resolution of issues raised on appeal and failed to comply with Rule 5A:20

0233114 Mohamed Kaffi v. Commonwealth of Virginia 06/12/2012
Trial court erred in denying appellant’s motion to proceed pro se on the basis that he was not competent to represent himself; conviction vacated and matter remanded to trial court to examine appellant’s request under standard in Faretta v. California, 422 U.S. 806 (1975)

1257112 Jeanette T. Terry v. Commonwealth of Virginia 06/12/2012
Trial court failed to apply the proper standard in denying appellant’s motion to withdraw her pleas of nolo contendere; matter remanded to trial court for further proceedings

2016112 Selena Gudino v. Dennis Gudino 06/12/2012
Trial court’s award of attorney fees to guardian ad litem remanded to trial court to conduct an evidentiary hearing

2211112 Carole Trese Swanson v. Jeffrey Lee Taylor 06/12/2012
Summary affirmance – trial court’s order regarding spousal support affirmed where Court finds appellant’s failure to comply with Rules of Court is significant and Court will not consider her arguments on appeal

2400112 Arthur Barnett v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving foster care plan with goal of adoption

2401112 Arthur Barnett v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving foster care plan with goal of adoption

2492102 Billy Jack Hopper v. Commonwealth of Virginia 06/12/2012
Appellant’s arguments that Commonwealth failed to prove his intent upon entry onto property or that he had exclusive possession of stolen checks barred by Rule 5A:18; trial court did not err in applying inference of burglary from possession of recently stolen goods or in applying inference of larceny from possession of recently stolen goods

2526112 Commonwealth of Virginia v. Jovon Montell Square 06/12/2012
Appeal dismissed because this Court has no active jurisdiction to consider merits of appeal where appellant failed to file a petition for appeal that contained assignments of error within 14-day period as specified by Code § 19.2-402 and this Court had no authority to grant an extension of time to allow appellant to file proper petition for appeal

0456112 Dejon T. Person v. Commonwealth of Virginia 06/05/2012
Trial court did not err in denying appellant’s motion to set aside the verdict or the motion to strike the evidence; trial court erred in failing to instruct the jury on unlawful wounding

1413112 Gay H. Goodwin v. James V. Flinn 06/05/2012
No error in trial court’s findings regarding holding appellant in contempt with respect to the refinancing of the parties’ beach house; trial court erred in ordering appellant must reimburse appellee for her share of educational expenses of one of parties’ children

1724111 Ryan Michael Hart v. Robin Barnett Hart 06/05/2012
No reversible error in trial court’s evidentiary rulings, in finding that appellant’s visitation at this time should be supervised, or in the award of attorney’s fees and costs to appellee

1791114 Phillip S. Griffin, II v. Kathryn O. Griffin, n/k/a Kate Obenshain 05/29/2012
Trial court’s rulings regarding equitable distribution and child support affirmed

2053112 Brian Gray v. Commonwealth of Virginia 05/29/2012
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of grand larceny

2193114 Pier 1 Imports, Inc. and American Zurich Insurance Company v. Helen Esther Wright 05/29/2012
Commission’s award of post-termination partial disability benefits to appellee affirmed where record supports finding that appellee’s poor performance at work was attributable to her injury and its residual involuntary effects and not attributable to purely voluntary misconduct

2226112 Gordon David Belcher v. Carolyn Bishop Belcher 05/29/2012
Trial court did not err in finding appellant gifted a portion of the parties’ checking account to appellee; trial court erred in denying appellant’s motion to terminate spousal support and that matter is remanded to the trial court for the parties to present evidence on that motion

2332113 Tito Lopez Rojas v. Roanoke City Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where trial court found appellant failed to demonstrate the ability to remedy conditions leading to children’s placement in foster care and termination was in best interests of children

2376112 Paul Davies v. Prince Edward County Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)

2377112 Kimberly Waddell v. Prince Edward County Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(2)

2572112 Community Residences, Inc. and Technology Insurance Company v. Estelle B. Rice 05/29/2012
Summary affirmance – no error in commission’s award of benefits where it found appellee performed work with employer that was substantially similar to her employment with another employer and she proved she suffered compensable injuries to her right knee, neck, and both hands

0024122 Wella Manufacturing of Virginia and Old Republic Insurance Company v. Kevin Lamont Baker 05/22/2012
Summary affirmance – no error in commission’s decision awarding appellee temporary total disability benefits

0319112 John Luke Vogt v. Commonwealth of Virginia 05/22/2012
Appellant’s conviction of possession of methamphetamine affirmed where trial court properly found appellant had violated court’s deferred disposition order by failing to submit two drug screens to his probation officer; issue regarding consideration of two letter reports from his probation officer barred by Rule 5A:18

1017112 Logan Bourne v. Commonwealth of Virginia 05/22/2012
No error in trial court’s finding that evidence was sufficient to prove an attempt to break and enter with intent to commit larceny

1588112 Gilbert Harrison Berger, as guardian ad litem etc. v. Nathaniel Harris, et al. 05/22/2012
Trial court lacked authority to consider whether juvenile court had improperly granted appellee a nonsuit where that order had already been vacated by the de novo appeal and trial court did not have appellate jurisdiction over order but was empowered to hold a new trial; trial court correctly held entrustment agreements rendered de novo appeal moot

2134112 Commonwealth of Virginia and Department of Transportation v. AMEC Civil, LLC 05/22/2012
Judgment of trial court affirmed in part, reversed in part, and remanded to trial court for a recalculation of damages

2363111 Shannon Gore, s/k/a Shannon Nicole Gore v. Gloucester County Department of Social Services 05/22/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children

0613112 Goran Andelic v. Commonwealth of Virginia 05/15/2012
Trial court did not err in denying appellant’s motion to strike Commonwealth’s evidence and finding that its evidence was sufficient for the jury to conclude that at the time appellant set fire to the dwelling, it was occupied within the meaning of Code § 18.2-77(A)

1061114 David Alexander Pineda v. Commonwealth of Virginia 05/15/2012
Appellant’s conviction of driving under the influence of alcohol, third offense in ten years affirmed where appellant’s assignment of error addresses sufficiency of the evidence but his argument on that assignment of error addresses only admissibility of a previous conviction and not issue of sufficiency of evidence

1146112 Megan L. Clark v. Commonwealth of Virginia 05/15/2012
Appellant’s conviction of felony child neglect reversed where evidence was insufficient to show she committed an act or omission in the care of a child that was so gross, wanton, and culpable as to show a reckless disregard for human life

1518114 Manhal Mograbi v. Manal Abdellatif 05/15/2012
Trial court’s equitable distribution rulings and award of attorney’s fees to appellee affirmed; award of spousal support reversed and remanded to trial court where record contains no written findings or conclusions specifically addressing Code § 20-107.3(E) factors and applying those factors to this case

1644112 Hansen Dwayne Fields, Jr. v. Commonwealth of Virginia 05/15/2012
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where record shows plea was entered freely and intelligently and appellant has failed to establish a good faith basis to withdraw the plea and has failed to proffer evidence of a reasonable basis for contesting his guilt

1743114 Charlie Bellfleur Yamba Taka v. Alfred Scott McLaren, Jr. 05/15/2012
Summary affirmance – transcript or statement of facts of the evidence is indispensable to determination of whether trial court erred in granting primary residential custody of parties’ child to appellee or abused its discretion in determining spousal support

2115112 Lameka Denise Wade v. Commonwealth of Virginia 05/15/2012
No error in trial court’s finding that evidence was sufficient to prove appellant was a principal in the second degree to abduction, robbery, and two counts of use of a firearm in the commission of a felony

2281113 Robert Whitt v. Halliburton Energy Services, Inc. and Ace American Insurance Company 05/15/2012
No error in commission’s finding that appellant’s injury did not arise out of and during the course of his employment

2405112 Reginald C. Wilson v. Virginia State Board of Elections 05/15/2012
Summary affirmance – trial court did not err in affirming hearing officer’s decision sustaining appellant’s termination as a business manager with appellee

2443113 Rose Schroeder v. Wise County Department of Social Services 05/15/2012
Summary affirmance – trial court did not err in dismissing appellant’s appeal of the juvenile court order terminating her parental rights to her children for failure to prosecute

2460111 Tyson Foods, Inc. v. Keith Parker 05/15/2012
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee

2550114 Catherine Wu Laing v. Alexander Mark Laing 05/15/2012
Summary affirmance – final order of divorce affirmed; trial court did not err in denying appellant’s continuance request, in ordering marital residence be sold and ordering parties to divide equally costs of repairs, or in awarding attorney’s fees to appellee; issue regarding certain retirement assets waived under Rule 5A:20

0513112 Brian Lamont King v. Commonwealth of Virginia 05/08/2012
Trial court did not err in denying appellant’s motion to suppress where facts were sufficient to establish both reasonable suspicion for appellant’s detention at time appellant was removed from vehicle and probable cause to search appellant when officer ordered him to open his mouth

1275111 Quavadis V. Hyman v. Commonwealth of Virginia 05/08/2012
Error in trial court’s finding that appellant had the specific intent to break officer’s watch under Code § 18.2-137(B); as there was sufficient evidence that appellant caused the watch to break, matter remanded to trial court for a new trial under Code § 18.2-137(A) if Commonwealth is so inclined

1669113 Minova USA and New Hampshire Insurance Company v. James Edwin Kistler 05/08/2012
No error in commission’s award of benefits to appellee where commission found appellee sustained an injury, no express order was given to appellee with respect to use of the turntable, and he did not willfully violate a safety rule

1709112 Robin Kemp Smith v. Mark K. Smith 05/08/2012
No error in trial court’s order terminating appellant’s spousal support award

1793112 Andre Darnell Watkins v. Commonwealth of Virginia 05/08/2012
No error in trial court’s finding that testimony of officer, victim’s demeanor, appellant’s statements, and physical evidence were sufficient to support conviction of domestic assault and battery

1794112 Norbert Karl Thinnes v. Mary M. H. Thines 05/08/2012
Trial court’s order dismissing appellant’s appeal from juvenile court as untimely affirmed where notice of appeal was not timely filed and appellant’s argument regarding whether he received ineffective assistance of counsel barred by Rule 5A:18

2050114 Beam Brothers Trucking, Inc. and United States Fire Insurance Company v. Lon Emory Bowers 05/08/2012
No error in commission’s award of medical benefits and temporary total disability benefits where appellee sustained additional injury to his pre-existing back condition as result of workplace accident and appellee’s ongoing treatment and disability were related to the aggravation of his pre-existing back condition

2299112 The Salvation Army and Zurich American Insurance Company v. Reginald Lyon 05/08/2012
No error in commission’s award of temporary total disability benefits for a defined period where it found the period of disability and appellee’s right knee surgery were causally related to the workplace accident

2311112 Reginald Lyon v. The Salvation Army and Zurich American Insurance Company 05/08/2012
Commission erred in denying appellant temporary total disability benefits after October 18, 2010 where appellant proved his disability continued beyond that date

2465114 Ana Ruth Araujo DeAcevedo v. Healthcare Service Group, Inc. and Zurich American Insurance Company 05/08/2012
Summary affirmance – no error in commission’s finding that appellant failed to carry her burden of proving a change in her condition, the need for surgery, or any additional disability resulting from the accident

2613112 7-Eleven, Inc. #11070 and Ace American Insurance Company v. Charleen M. Drew 05/08/2012
Summary affirmance – no error in commission’s finding that appellants were responsible for surgery and replacement of a quad cane and diabetic shoes as recommended by appellee’s physician

0800113 Shawn Wesley Gill v. Commonwealth of Virginia 05/01/2012
Appellant’s argument that trial court erred in finding it could not sentence him to a psychiatric facility instead of prison under Code § 19.2-176, which was repealed in 2010, barred by Rule 5A:18

0962112 Douglas Allen Daugherty v. Commonwealth of Virginia 05/01/2012
Trial court did not err in finding evidence was sufficient to support appellant’s convictions of two counts of first-degree murder and two counts of use of firearm in commission of felony, in refusing to admit evidence regarding unadjudicated misconduct by one of witnesses, or in admitting hearsay evidence

1026112 Reshaun Demond Tinsley v. Commonwealth of Virginia 05/01/2012
Trial court did not err in refusing to grant appellant’s alibi instruction where record does not contain more than a scintilla of evidence to establish appellant was not at scene of the crime

1512112 Maria Estela Rodrigues v. Arlington County Schools and Virginia Group Self-Insurance Association 05/01/2012
No error in commission’s finding that appellant was not entitled to temporary total disability benefits and medical benefits where it found appellant’s injuries did not arise out of her employment

1968112 American Armoured Foundation, Inc. and Technology Insurance Company v. Frank Lettery 05/01/2012
Commission did not err in requiring appellants to pay for appellee’s YMCA membership and mileage for his unsupervised physician-directed independent pool therapy following a workplace injury where it found the membership and mileage were “other necessary medical attention” pursuant to Code § 65.2-603

2075114 Patricia G. Hedrick v. Mary’s Diner, Inc., et. al 05/01/2012
No error in commission’s denial of permanent total disability benefits for appellant’s left side where it found disability ratings of treating doctors lacked a foundation to support them

2286112 John R. Poindexter v. Lisa M. Poindexter, n/k/a Lisa Marie Clark 05/01/2012
Summary affirmance – trial court did not err in granting appellee’s motion to strike at the hearing on appellant’s motion to set aside the parties’ property settlement agreement

1531111 Karen Michelle Dunn-Brinkley, a/k/a Karen Dunn-Brinkly v. Commonwealth of Virginia 04/24/2012
Trial court’s order imposing successful completion of drug treatment court program as a condition of appellant’s suspended sentence affirmed where appellant invited the alleged error when she requested at sentencing that she be permitted to participate in the program

1802114 Kimberly R. Waters v. TGI Friday's and Indemnity Insurance Company of America 04/24/2012
Commission did not err in modifying appellant’s average weekly wage or in disallowing a spoliation inference; appellant’s issues regarding equitable estoppel and whether appellees should be entitled to a credit pursuant to Code § 65.2-520 barred by Rule 5A:20

1919111 City of Norfolk School Board v. Mildred Denise Vaughan 04/24/2012
Decision of commission awarding appellee an award of $552.88 for seventy weeks based on a 40% impairment of her left leg affirmed where appellants failed to provide authority to support its assignments of error and this Court is bound by factual findings of commission unless they are plainly wrong or without credit evidence to support them

2129114 Maria Isabella Turpin v. Billy Keith McGowan 04/24/2012
Summary affirmance – no error in trial court’s order awarding a change of custody of parties’ son to appellee

2549114 Helen Fehrenbach v. Giant #799 and Indemnity Insurance Company of America 04/24/2012
Summary affirmance – no error in commission’s decision denying appellant’s claim for temporary total disability benefits and medical benefits relating to an injury by accident involving her left knee

2560114 Mohammed J. Abdlazez, Sometimes Known As Mohammed J. Abdulazez v. Eileen M. McLane, etc. 04/24/2012
Summary affirmance – no error in judgment of trial court finding appellant in civil contempt; trial court did not err in refusing to apply protections and burden of proof of a criminal trial

1314114 Carol Ann Wright v. James Curtis Wright 04/17/2012
Trial court did not err in denying appellee’s motion for offset; trial court erred in denying appellant’s request for attorney’s fees and costs; matter remanded to trial court to make a finding of reasonable attorney’s fees and costs as required by the parties’ property settlement agreement

1933112 Uninsured Employer's Fund v. William R. Carter 04/17/2012
No error in commission’s finding that claimant adequately marketed his residual work capacity, that Virginia law does not create a duty to market residual work capacity based solely upon the fact that the partially disabled employee is sustaining a wage loss, and that claimant continues to be disabled as a result of his work-related injuries

2174112 Richard Dickover v. Sharon Seaton 04/17/2012
Summary affirmance – appellant’s issue regarding date of termination of spousal support affirmed; issue regarding attorney’s fees procedurally barred

2257112 Robert M. Bew v. Stephanie B. Bew 04/17/2012
Summary affirmance – trial court did not err in denying appellant’s request for a continuance

0306111 Abony Dayon Blanchard v. Commonwealth of Virginia 04/10/2012
Trial court did not err in denying appellant’s motion to suppress where encounter remained consensual until officer developed a reasonable, articulable suspicion that appellant possessed a concealed firearm and was armed and dangerous

0424114 Howard David Deiner v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant obtained money from families through the use of false pretense that he was an attorney licensed to practice in Virginia and that he had requisite intent to defraud at the time the false representation was made

0694114 Tommy L. Harmon, Jr. v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding Commonwealth had authority to move to quash appellant’s requests for subpoenas duces tecum, or in quashing the subpoenas; record does not reflect that trial court refused to consider any mitigating facts or circumstances presented on appellant’s behalf

1439113 Terry Lynn May v. Town of Bridgewater, et al. 04/10/2012
Commission did not err in denying appellant’s claim for benefits where the medical evidence was inconclusive that his injury arose out of his employment

1557111 Winfred Bell, s/k/a Winfrid Bell v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant intentionally, and not accidentally, hit officer’s vehicle; conviction of assault and battery of a law enforcement officer affirmed

1666114 Latisha Coleman v. Alexandria Department of Community and Human Services 04/10/2012
Appellant’s argument on appeal regarding whether trial court erred in dismissing her appeal from juvenile court when she failed to appear barred by Rule 5A:18

2498112 Verizon South, Inc., et al. v. Sedrick J. Bailey 04/10/2012
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury by accident

1492103 Travis Wade Spence v. Commonwealth of Virginia 04/03/2012
Appellant’s convictions of first-degree murder and obstruction of justice affirmed where claims of ineffective assistance of counsel may no longer be raised on direct appeal

1931114 Martha Burks Burton v. Robert Graham Burton 04/03/2012
Trial court did not err in finding a deed transferring appellant’s interest in real estate to appellee was a valid deed of gift, in awarding spousal support to appellant for a defined duration, or in classifying an increase in company acquired by appellee prior to marriage as hybrid property instead of marital property

2214113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child

2215113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child

2216113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child or in finding child did not object to termination of his mother’s parental rights

2217113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child

2218113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child

2219113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child

2685102 Quaiyim Amin El-Shabazz, s/k/a Qaiyim Amin El-Shabazz v. Commonwealth of Virginia 04/03/2012
Trial court did not err in denying appellant’s motion to strike abduction for pecuniary benefit charge and related firearm charge of one of victims, by denying proposed jury instructions of attempted robbery, in overruling appellant’s objection to “taking” instruction, or in denying appellant’s circumstantial evidence instruction

1599113 Robert Stokes v. Monogram Snacks Martinsville, LLC et al. 03/27/2012
No error in commission’s denial of benefits where the medical opinions proffered by appellant are inconclusive or inconsistent, the commission could consider the testimony of Dr. Leipzig, and the commission did not err in assessing Dr. Chumble’s testimony

1665114 Robert M. Voltz v. Anne C. Voltz 03/27/2012
Trial court did not err in interpreting parties’ written parenting agreement or by refusing to modify child support for a period prior to appellant filing his motion to modify

1904114 Qiujing Wang, a/k/a Julie Wong v. Jack Ray Crumpacker 03/27/2012
Summary affirmance – trial court did not err in denying appellant’s request for spousal support or in awarding attorney’s fees to appellee where trial court properly found prenuptial agreement was enforceable and appellee did not meet her burden to prove agreement was unconscionable or that she entered it involuntarily

1956112 Donald L. Pitt, Jr. v. Shackleford’s Restaurant, et al. 03/27/2012
Commission did not err in denying appellant’s claim for benefits where credible evidence supports finding that appellant intentionally violated a known safety rule and employer enforced the rule at issue

2166113 Jasmine Anderson v. Lynchburg Department of Social Services 03/27/2012
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved that termination of appellant’s parental rights was in best interests of her children

2700102 Colin Antonio Ellis, s/k/a Collin Antonio Ellis v. Commonwealth of Virginia 03/27/2012
No error in trial court’s finding evidence was sufficient to support conviction of abduction with intent to defile where appellant’s restraint of victim constituted a detention and circumstantial evidence supported finding that appellant detained victim with intent to defile

0309111 Don Wayne Elliott v. Commonwealth of Virginia 03/20/2012
Appellant’s argument that trial court erred in finding appellant’s prior conviction under Code § 18.2-255.2 constituted a predicate offense to sustain conviction as a second-time offender under Code § 18.2-248(C) barred by Rule 5A:18

1051114 Ricky I. Parsons v. Diana L. Parsons 03/20/2012
Error in those parts of the equitable distribution award giving appellee one-half of the equity in parties’ Utterback Store Road property and in UBS account; remainder of appellant’s issues procedurally defaulted

1225111 Dagenhart Sprinkler Company and Clarendon National Insurance Company v. Eric B. Hurst 03/20/2012
Commission did not err in finding that appellee’s ongoing and continuing need for lower back medical treatment was caused by the work-related injury he sustained or in finding doctrine of laches did not bar appellee’s request for authorization for continuing treatment

1687111 Mendel Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to his four daughters was in their best interest

2005111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest

2006111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest

2007111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest

2008111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest

2009111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest

0166113 Stanley Germiah Oliver v. Commonwealth of Virginia 03/13/2012
Evidence was sufficient to support conviction of robbery where victim was in residence during the acts of violence and the taking of the property; fact finder could properly find property was taken from her presence; circumstantial evidence was sufficient to prove appellant was one of perpetrators of offenses

0888114 Deatra A. Burch v. Alexandria Department of Human Services 03/13/2012
Trial court did not err in denying appellant’s motion to dismiss termination proceedings as violative of statutory and constitutional notice requirements or in finding clear and convincing evidence justified termination of appellant’s parental rights to her children

0969111 Daniel Ellery Willoughby v. Commonwealth of Virginia 03/13/2012
Evidence was sufficient to prove that appellant constructively possessed cocaine that was sitting on floorboard of vehicle with knowledge of cocaine’s nature and character and that appellant possessed the cocaine with the intent to distribute it

2394104 J. David Pratt v. Morgan Patricia Pratt 03/13/2012
Petition for rehearing granted

0826113 Rodney Gerald Gallier v. Commonwealth of Virginia 03/06/2012
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of attempting to commit aggravated sexual battery where victim’s testimony was credible and appellant touched material covering victim’s intimate parts with intent to sexually molest, arouse or gratify any person; arguments regarding rehabilitating witness barred

1110114 Norma Saenz-Romero v. Arlington County Department Human Services 03/06/2012
No error in trial court’s order terminating appellant’s parental rights to her oldest child where appellant had not remedied conditions that led to child being placed in foster care; appellant waived her objection to admissibility of documents where she relied on same documents in her motion to strike

1245114 G. C. Construction, L.L.C. and Technology Insurance Company v. Gerson Cruz 03/06/2012
No error in commission’s award of benefits to appellee where his injury was a compensable injury by accident that arose out of his employment and appellee reasonably and adequately marketed his residual work capacity

1873112 Ava Catron Black v. Charlottesville Department of Social Services 03/06/2012
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a recess in the proceedings; order terminating appellant’s parental rights to her child and approving change in goal of foster care plan affirmed

1953112 Kimberly D. Smith v. William S. H. Smith 03/06/2012
Summary affirmance – record proves trial court considered Code § 20-107.3(E) factors in determining equitable distribution award; additional arguments regarding equitable distribution and spousal support barred by Rule 5A:18

2145112 Rodney Shade v. J.M. Fry Company, Inc. and Travelers Indemnity Company of America 03/06/2012
Summary affirmance – no error in commission’s finding that appellant’s back injury was not related to his compensable work accident

2253114 Darin Justus v. Fluor-Lane, LLC and Continental Casualty Company 03/06/2012
Summary affirmance – no error in commission’s finding that appellant failed to prove a left leg condition was a compensable consequence of a right leg injury

2357114 Charles Adams v. Virginia Employment Commission 03/06/2012
Summary affirmance – appellant failed to comply with several Rules of Court and Court finds those defects to be significant and will not consider appellant’s arguments; appellant does not actually challenge trial court’s jurisdiction finding which was subject of order appellant appealed to this Court

0052112 Petersburg Hospital Company, LLC, etc. v. Karen Remley, M.D., etc., et al. 02/28/2012
Trial court did not err in affirming Commissioner’s denial of appellant’s application for a Certificate of Public Need to establish an open heart surgery service at its hospital

0902104 Xavier Jammal Pinckney v. Commonwealth of Virginia 02/28/2012
Trial court did not err in refusing to suppress appellant’s statements and evidence obtained based upon those statements as appellant was not in custody for purposes of Miranda; appellant’s convictions are affirmed

1602114 Tiffany Saroyce Johnson v. Arlington County Department of Human Services 02/28/2012
Summary affirmance – judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant’s arguments are barred by Rule 5A:18

1943112 Katy Callender v. Petersburg Department of Social Services 02/28/2012
Trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to her child where it proved appellant was unlikely to eliminate conditions leading to child’s neglect and that termination was in child’s best interest

2423104 James Allen Spain v Commonwealth of Virginia 02/28/2012
Trial court did not err in finding evidence was sufficient to support conviction of grand larceny by embezzlement where it proved appellant received vehicle jointly with his wife; appellant’s arguments regarding whether trial court should have declared mistrial on its own motion and denial of motion to set aside verdict barred by Rule 5A:18

0345114 Raymond Y. Shetzline v. Rachel Shetzline 02/21/2012
Appeal dismissed without prejudice where order appealed from is neither a final order nor an appealable interlocutory order

0550112 Susan A. Wilson, a/k/a Susan A. Jones v. Commonwealth of Virginia 02/14/2012
No error in jury’s finding that evidence was sufficient to support appellant’s convictions of two counts of unlawfully obtaining documents from the DMV and one count of grand larceny

1355112 David Michael Robinson Woods v. Henrico (County of) Division of Fire 02/14/2012
Commission did not err in finding that appellee met its burden to overcome the Code § 65.2-402 presumption as it applied to appellant’s hypertrophic cardiomyopathy, and the denial of benefits is affirmed

1476114 Tina Marie Franklin v. James Howard Franklin 02/14/2012
Summary affirmance – appellant failed to file a transcript or written statement of facts of the May 2011 hearing which is indispensable to determination of issues raised on appeal

1705114 Faye Ferrell v. Alexandria Department of Community and Human Services 02/14/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children

1839112 Richard Robinson v. David Everett, Inc. and State Farm Fire & Casualty Company 02/14/2012
Summary affirmance – commission did not err in refusing to consider new medical evidence not presented to deputy commissioner as it was not newly discovered evidence, in finding appellant unjustifiably refused light-duty work and failed to market his residual work capacity, and in finding appellant was not denied due process

1567113 Amanda M. Sutton v. Shenandoah Valley Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence proved termination was in child’s best interest

1609112 David’s Towing & Recovery, Inc. et al. v. Larry Newcomb 02/07/2012
No error in commission’s entry of a supplemental award in favor of appellee for permanent partial disability benefits on account of an additional loss of use of appellee’s right hand

1623112 Alexi Saunders v. Richmond Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(1) and (C)(2) and appellee investigated possible relative placements

1647112 County of Henrico v. John O. Henry 02/07/2012
No error in commission’s findings that appellee’s disc injury was causally related to his work-related accident and that medical treatment rendered by doctor to whom he was referred was authorized

1661112 John O. Henry v. County of Henrico 02/07/2012
Commission did not err in finding a lack of a causal connection between appellant’s depression and his work-related accident

1671112 Zachariah Harden, Sr. v. Richmond Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(1) and (C)(2) and appellee investigated possible relative placements

1742113 Commonwealth of Virginia v. Robert Allen Hicks 02/07/2012
Trial court erred in granting appellee’s motion to suppress where there was probable cause to arrest appellee

2073112 VCU Health System Authority v. Sherry Brown 02/07/2012
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury by accident

0532112 Harold Turnbull, s/k/a Harold C. Turnbull v. County of Spotsylvania 01/31/2012
Judgment of trial court affirmed where appellant’s argument that trial court erred in using Code § 19.2-358 to impose a punishment upon him for failure to pay fines when he was convicted of infractions, not criminal offenses, waived under Rule 5A:8(b)(4)(ii)

1686111 Dorothy Maria Stilley v. Newport News Department of Human Services 01/31/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where clear and convincing evidence proved termination was in child’s best interest

2632102 Xavier Jamal Hargrove v. Commonwealth of Virginia 01/31/2012
Trial court did not err in denying motion to suppress where it found officer had reasonable, articulable suspicion that appellant was engaged in criminal activity

0106114 Kevin D. Jones v. Brenda F. Moody-Jones 01/24/2012
Trial court did not err in denying appellant’s motion to modify spousal support and custody/visitation where appellant failed to demonstrate a material change in circumstances or that modifying custody and visitation was in child’s best interest

0168114 Shereen Jaouni v. Said Samir Ibrahim Salah 01/24/2012
Judgment of trial court refusing to award a protective award for appellant’s daughter and awarding appellee attorney’s fees affirmed in part, reversed in part, and remanded to trial court

0378114 Shereen Jaouni v. Said Samir Ibrahim Salah 01/24/2012
Judgment of trial court refusing to award a protective award for appellant’s daughter and awarding appellee attorney’s fees affirmed in part, reversed in part, and remanded to trial court

0744114 Jamie Lee Dovell v. Coffeewood Correctional Center/Commonwealth of Virginia 01/24/2012
Commission erred in using a “stairs” analysis to find that appellant’s injury did not arise out of his employment

0932114 Brent C. Bousman v. Caitlin K. Lhommedieu 01/24/2012
No error in trial court’s order requiring appellant, pursuant to the parties’ “Stipulation of Agreement” to pay one-half of the cost of parties’ son’s college expenses

1369113 Raymond Edward Sheffield v. Karen Kime Sheffield 01/24/2012
Summary affirmance – no error in divorce decree awarding spousal support to appellee for an undefined duration or in equitable distribution of parties’ assets

1851112 American Hospice Management Holdings, L.L.C. et al. v. Julia Ann Piggott 01/24/2012
Summary affirmance – commission did not err in ordering appellants to authorize surgery requested by appellee

0079112 Kevin A. Cunningham, s/k/a Kevin Antonio Cunningham v. Commonwealth of Virginia 01/17/2012
Trial court erred in admitting improper impeachment evidence and error was not harmless because the jury’s assessment of appellant’s credibility was critical to his defense; convictions reversed and remanded to trial court for new trial

0244112 Nasir Goode v. Commonwealth of Virginia 01/17/2012
Trial court did not err in denying appellant’s motion for a mistrial and for recusal based on his claim of an improper remark made by the prosecutor during appellant’s revocation hearing where trial judge said he did not consider the remark in making his decision

1104111 Janice Kent v. Virginia Beach Department of Human Services 01/17/2012
Summary affirmance – trial court did not err in finding clear and convincing evidence supported termination of appellant’s parental rights to her children

1690112 Robert A. Blackwell v. Commonwealth of Virginia 01/17/2012
Appellant’s argument regarding sufficiency of evidence to support burglary while armed and use of a firearm in commission of breaking and entering convictions barred by Rule 5A:18 and the ends of justice exception does not apply

1752114 Rugo Stone, LLC and Insurance Company of the State of PA v. Andres A. Diaz 01/17/2012
Summary affirmance – no error in commission’s finding that appellee sustained a change in condition with respect to his back injury and was disabled and that he adequately marketed his residual earning capacity

2422104 Gerald Jermaine Pearson v. Commonwealth of Virginia 01/17/2012
Appellant’s conviction of trespassing under city code section affirmed where appellant lacks standing for a facial challenge to constitutionality of statute, the as-applied constitutional challenge is barred by Rule 5A:12, city code section is not invalid under Dillon Rule, and evidence supported conviction

1023114 Joseph P. Craven v. Deena S. Williamson 01/10/2012
No error in trial court’s order denying appellant visitation with his children for month of August

1053114 Michael Starr Hopkins, Sr. v. RDA, Inc., et al. 01/10/2012
No error in commission’s finding that appellant was not entitled to permanent and total disability benefits where appellant’s evidence failed to prove appellant was totally and permanently disabled

0220114 Kyle August Dawson v. Commonwealth of Virginia 12/28/2011
No reversible error in trial court’s refusal to specifically instruct jury on definition of proximate cause where jury had ample evidence to rely upon in determining that Commonwealth met its burden in proving elements of offense of leaving the scene of an accident

1083114 Jose Gregorio Romero v. Alexandria Department of Human Services 12/28/2011
Trial court did not err in terminating appellant’s parental rights to his child after finding that relative placement was not appropriate

1444111 Juliet Wright v. James City County 12/28/2011
Summary affirmance – no error in commission’s findings that appellant’s claims for an injury by accident and for an occupational disease are barred by statute of limitations and that appellant failed to prove a compensable injury by accident or that she was suffering from an occupational disease

0042111 David Lorenzo Nicholson v. Commonwealth of Virginia 12/20/2011
Trial court did not err in finding that evidence was sufficient to support conviction of taking indecent liberties with a child while in a custodial relationship or in revoking appellant’s prior suspended sentence and running sentences consecutively

0790114 Mark A. Windsor v. Loomis Fargo & Company, et al. 12/20/2011
No error in commission’s finding that it was appellant’s burden to establish a new period of temporary total disability after appellant’s temporary total disability award had been previously terminated after appellant returned to light-duty work and appellant did not seek review of that decision before full commission

1012111 Thomas Copeland v. Newport News Department of Social Services 12/20/2011
No error in trial court’s finding that sufficient supported termination of appellant’s parental rights to his child under Code § 16.1-283(C)

1038111 Riverside Regional Medical Center, et al. v. Linda Callison-Haas 12/20/2011
Commission erred in relying on a tentatively stated medical opinion, based on an inconsistent history, that appellee’s right knee medial meniscus tear was incurred when she suffered her work-related injury

1658102 Sean Cook v. Commonwealth of Virginia 12/20/2011
Trial court did not err in finding evidence was sufficient to prove appellant acted with malice when he assaulted victim and beat him repeatedly with butt end of a pistol; convictions of malicious wounding and use of a firearm in commission of felony affirmed

1944104 Bryan B. Brittain v. April J. Brittain 12/20/2011
Summary affirmance – trial court did not err in granting appellee’s motion to strike appellant’s petition to modify custody where appellant did not prove a material change in circumstances

2394104 J. David Pratt v. Morgan Patricia Pratt 12/20/2011
Trial court erred in classifying parties’ residence, a vehicle, and Oppenheimer Value Fund as marital property

0828114 Christian Urias v. Winkler’s, Inc., et al. 12/13/2011
No error in commission’s decision to terminate appellant’s benefits based on a release to pre injury work or in its decision denying benefits from a change in condition on the ground that he failed to prove adequate marketing of his residual capacity

1060113 Karen A. Breeden v. Preston L. Breeden 12/13/2011
Judgment of trial court divorcing parties and incorporating a property settlement agreement into order affirmed where appellant failed to provide a transcript or written statement of facts and transcript or written statement of facts is necessary for determination of issues raised

1404113 Lawrence P. Flaig v. Virginia Employment Commission, et al. 12/13/2011
Summary affirmance – no error in finding that appellant’s misconduct disqualified him from receiving unemployment benefits

1494111 Terra Firma, LLC v. Robert T. Sexton 12/13/2011
Summary affirmance – No error in commission’s finding that appellee suffered a compensable work injury

1500111 Uninsured Employer’s Fund v. Robert T. Sexton 12/13/2011
Summary affirmance – No error in commission’s finding that appellee suffered a compensable work injury

1893103 Jason Troy Pritchard v. Commonwealth of Virginia 12/13/2011
Appellant’s convictions of assault and battery of a law enforcement officer and resisting arrest affirmed where violent nature of appellant’s conduct and continued determination to defy officers provided exigent circumstances justifying officers’ warrantless entry into his home and he was not entitled to resist a lawful arrest

2400103 Robert Bill Krebs, Jr. v. Commonwealth of Virginia 12/13/2011
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause based on his detection of the odor of marijuana and an independent source existed for the search of appellant’s residence and evidence seized would have been inevitably found during a search incident to arrest

0886114 Harriet Puller, Widow, on Behalf of the Estate of John A. Puller v. Fairfax (County of) School Board 12/06/2011
No error in commission’s finding that the presumption that decedent died of work-related causes did not apply or in its finding that the decedent’s death did not arise out of his employment

0905112 Hosam Ibrahim Dajani v. Dawn Lynell Dajani 12/06/2011
Summary affirmance – no error in trial court’s order awarding sole legal and physical custody of parties’ child to appellee or in its award of attorney’s fees to appellee

1132112 Miller & Long, Inc., et al. v. Lamont James Knight 12/06/2011
No error in commission’s finding that the left fibular fracture suffered by appellee was a compensable consequence of his work-related injury

1195101 Leslie Neal Saunders v. Commonwealth of Virginia 12/06/2011
Trial court did not err in finding evidence was sufficient to establish beyond reasonable doubt that appellant clearly possessed explosive materials; trial court did not err in denying appellant’s motion to dismiss felony offenses on double jeopardy grounds

1537102 Jamar D. Street v. Commonwealth of Virginia 12/06/2011
Trial court erred in convicting appellant of possession of a firearm by a convicted felon where the evidence failed to show object he possessed was designed, made, and intended to expel a projectile by means of an explosion within meaning of Code § 18.2-308.2

1548103 Allen Edward Wood v. Commonwealth of Virginia 12/06/2011
Trial court did not err in finding evidence was sufficient to convict appellant of driving after having been declared an habitual offender where it could conclude appellant’s status as an habitual offender remained in effect at the time of appellant’s arrest

0044111 Maria C. McKinnon v. Commonwealth of Virginia 11/29/2011
Appellant’s issue of whether evidence was sufficient to support her conviction of misdemeanor child neglect and her contention that misdemeanor child neglect is not a lesser-included offense of felony child neglect, with which she was charged, are barred by Rule 5A:18

0108111 Henry Clay Tiggs v. Commonwealth of Virginia 11/29/2011
No error in trial court’s finding that evidence was sufficient to prove appellant attempted to commit prescription fraud

0155111 Samuel Thomas Pettit, Jr. v. Commonwealth of Virginia 11/29/2011
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of obtaining money by false pretenses where it proved appellant’s intent to defraud and his use of false pretenses to obtain money from victim

0344114 Heather Brooke Garner, f/k/a Heather Brooke Ruckman v. Mitchell Scott Ruckman 11/29/2011
Trial court erred in granting appellee’s motion to strike where appellant presented sufficient evidence to prove a prima facie case that relocation was in child’s best interests; matter remanded to trial court

0350112 Carldine Preston Cheatham v. Commonwealth of Virginia 11/29/2011
Trial court erred in finding evidence was sufficient to support appellant’s conviction of robbery where nothing proved appellant took the property of another; conviction reversed and dismissed

0605101 Kegan Michael Bilger v. Commonwealth of Virginia 11/29/2011
No error in trial court’s finding that totality of evidence supported beyond a reasonable doubt that appellant was driving under the influence of alcohol when he overturned his vehicle

0715113 John Raymond Williams v. Commonwealth of Virginia 11/29/2011
Trial court erred in refusing to grant appellant’s request for a jury trial made on the day of trial where appellant never waived his right to a jury trial; matter remanded to trial court for a new trial

0823101 Dirk Williams v. Commonwealth of Virginia 11/29/2011
Judgment of trial court affirmed where trial court lost jurisdiction to consider motion to vacate as no order suspending or vacating final convictions was entered within 21 days pursuant to Rule 1:1 and where no notice of appeal was filed to August 13, 2010 order which constituted an independent action

0938113 Crystal D. Birchfield v. Scott County Department of Social Services 11/29/2011
Trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1 283(C)(2)

0940113 Robert Kenneth Birchfield v. Scott County Department of Social Services 11/29/2011
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1 283(C)(2)

1416113 Derril Wayne Watkins v. J. B. Hunt Transport, Inc. et al. 11/29/2011
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by statute of limitations

2479102 William Crisson Thornton v. Commonwealth of Virginia 11/29/2011
Trial court did not err in finding evidence was sufficient to prove appellant constructively possessed the methadone found in his vehicle

0324112 Cornelius Leon Baker v. Commonwealth of Virginia 11/22/2011
Trial court did not err in denying appellant’s motion to suppress where facts known to officers at time of the traffic stop were sufficient to justify the stop and constituted reasonable articulable facts of criminal activity; evidence was sufficient to support convictions of breaking and entering, vandalism, and possession of burglary tools

0633112 Christine Coleman v. Peter Richard Coleman 11/22/2011
Trial court did not err in imputing income to appellant; trial court erred in its application of Code § 20-107.1(F), spousal support award reversed and matter remanded to trial court for reconsideration

0648112 Philip Morris USA, Inc. v. James E. Blankenship 11/22/2011
No error in commission’s award of benefits to appellee where it found appellee’s ongoing back injury remained causally related to his work injury

0667112 James E. Blankenship v. Philip Morris USA, Inc. 11/22/2011
Appeal dismissed as moot

0672113 Razieh Makoui v. Cyrus Makoui 11/22/2011
Trial court’s property distribution and spousal support awards affirmed where it found the parties’ premarital agreement was enforceable under Code § 20-151

2478102 Julian Earl Cosely v. Commonwealth of Virginia 11/22/2011
Appellant’s conviction of forcible sodomy affirmed where we conclude the ends of justice exception to Rule 5A:18 is inapplicable

2570102 David Hinote, s/k/a David Troy Hinote v. Commonwealth of Virginia 11/22/2011
Appellant’s convictions of obtaining goods by false pretenses and conspiracy to commit a felony reversed and final judgment entered dismissing indictments where evidence was insufficient to prove the intent to defraud

0180114 Teresa Gibson v. Eleanor Kappel and Eugene Kappel 11/15/2011
Trial court did not err in granting sole legal and physical custody of appellant’s daughter to appellees where it found best interests of child would be served by awarding custody to appellees

0642113 George Nicholas Pacot, III v. Vickie Yeatts Pacot 11/15/2011
Trial court erred in finding appellee proved appellant’s company was transmuted to hybrid property; equitable distribution and spousal support awards reversed and remanded to trial court for reconsideration and refashioning

1543102 Gregory Lamont Lewis v. Commonwealth of Virginia 11/15/2011
Trial court did not err in denying appellant’s motion to suppress where appellant was not seized before the police had probable cause to arrest appellant

1765102 Darian G. Pleasant, s/k/a Darian Glendon Pleasant v. Commonwealth of Virginia 11/15/2011
Trial court did not err in admitting statement made by appellant or in finding appellant was aware of nature and character of drugs located in vehicle, that they were subject to his dominion and control, and that he intended to distribute the drugs

1942101 Jason Ryan King v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that evidence was sufficient to prove appellant acted with malice when he beat the victim

1970104 Antonio Bueno Rodriguez, s/k/a Antonio Bueno-Rodriguez v. Commonwealth of Virginia 11/15/2011
Appellant’s arguments regarding trial court’s decision to overrule his hearsay objection during officer’s testimony and the trial court’s denial of his motions to strike waived for appellant’s failure to adhere to Rule 5A:20(e)

2036102 Bryan Antoine Green v. Commonwealth of Virginia 11/15/2011
Appellant’s argument regarding trial court’s refusal to allow him to cross-examine an officer about the criminal record for firearm possession by a possible suspect barred by Rule 5A:18; trial court did not err in finding evidence was sufficient to prove killing was willful, deliberate and premeditated

2223101 Frederick Edward Mitchell v. Commonwealth of Virginia 11/15/2011
Trial court did not err in admitting bank supervisor’s testimony about the credit union’s computer records pursuant to the business records exception to the hearsay rule

2262104 Mildred Baldwin v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that venue was proper in Alexandria for charges of credit card theft and credit card fraud where appellant took the credit card with the intent to use it for personal purposes from her employer in Alexandria

0028111 Darius Keith Chittum v. Deana Marie Hippenstiel and Mark John Hippenstiel 11/08/2011
Summary affirmance – trial court did not err in granting adoption petition

0184111 Steven Paul Carlstrom v. Commonwealth of Virginia 11/08/2011
No error in appellant’s conviction or robbery where evidence was sufficient to prove appellant had intent to steal at the time the violence occurred

0264114 Vinod Vijay Jonathan v. Shireen Joanna Jonathan 11/08/2011
Summary affirmance – trial court’s order regarding child support affirmed

0693114 Vinod Vijay Jonathan v. Shireen Joanna Jonathan 11/08/2011
Summary affirmance – trial court’s order regarding child support affirmed

0919102 William Edward Tuma v. Commonwealth of Virginia 11/08/2011
Trial court erred in denying appellant’s motion for a new trial where Commonwealth failed to provide to appellant actual tape of victim’s statement; appellant’s convictions of taking indecent liberties with a child, aggravated sexual battery, and animate objection penetration reversed and remanded

1034113 Javier Avila-Rivera v. Excel Masonry, Inc. and State Farm Fire and Casualty Company 11/08/2011
No error in commission’s denial of benefits after finding that appellant unjustifiably refused selective employment

1424102 David James Proffitt v. Commonwealth of Virginia 11/08/2011
No error in appellant’s conviction of driving under the influence where trial court applied the appropriate probable cause standard and found officer had probable cause to arrest appellant

1877102 Christopher Morris Gates v. Commonwealth of Virginia 11/08/2011
Trial court did not err in denying appellant’s motion to suppress where detention and pat down of appellant were supported by reasonable, articulable suspicion that criminal activity was afoot and appellant was armed and dangerous and officer had probable cause to search appellant for contraband

1903104 Pastor Armando Guerrero-Giron v. Commonwealth of Virginia 11/08/2011
Appellant’s conviction of malicious wounding affirmed where trial court did not err in refusing to allow appellant to question a witness as to the exact penalty he was facing for his crimes, in admitting a BB gun and two baseball bats, in admitting appellant’s statements regarding his gang activity, or in refusing to suppress his statement

2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality, et al. 11/08/2011
Upon a Rehearing – stay of Court’s August 2, 2011 mandate lifted and panel opinion affirming judgment of trial court in part and reversing and remanding in part reinstated

2116103 James Paul Desper v. Commonwealth of Virginia 11/08/2011
No error in appellant’s convictions of rape where evidence was sufficient to prove penetration and complaining witness’ mental incapacity and appellant’s knowledge thereof; conviction of forcible sodomy reversed and dismissed where evidence was insufficient to prove penetration

2355101 Calvin Terrell Cooper v. Commonwealth of Virginia 11/08/2011
No error in trial court’s finding that officer did not exceed scope of a limited detention by placing handcuffs on appellant, precluding appellant from using force to resist the officer’s limited detention

0068112 Selena Gudino v. Dennis Gudino 11/01/2011
Trial court did not err in awarding primary physical custody of parties’ children to appellee, in reappointing the custody evaluator and the guardian ad litem for the children, or in ordering appellant to pay one-half of the guardian ad litem fee, the entire cost of an independent evaluator, and the costs associated with her visitation with the children

0297113 Timothy Shawn Daugherty v. Commonwealth of Virginia 11/01/2011
Appellant’s sentence on the fail to appear conviction reversed where it exceeded the statutory ten-day maximum; remanded to trial court for a new sentence not to exceed a term of ten days

1244114 Anthony Lawrence Falcone v. The Washington Post 11/01/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to any award of permanent partial disability due to a 2008 injury to his right shoulder

1473101 Michael Robert Eiseman v. Sarah Cunningham Beaudoin and Thomas David Beaudoin, Jr. 11/01/2011
Summary affirmance – trial court did not err in granting appellees’ petition for adoption where it found adoption was in best interests of child

2007104 Mark Henry Craig v. Commonwealth of Virginia 11/01/2011
Appellant validly waived his right to appeal order of restitution and expressly agreed to pay any amount ordered by the court within cap set by plea agreement

2584103 Destiny Grace Gordon v. Commonwealth of Virginia 11/01/2011
Appellant’s conviction of petit larceny affirmed where appellant made the tactical decision to withdraw her appeal and as she voluntarily withdrew her appeal, she cannot now claim the trial court forced her to take any action

0117111 Christopher John Duva v. Karen Denise Duva 10/25/2011
No error in trial court’s equitable distribution and spousal support award to appellee

0889114 Clever Risco v. Virginia Employment Commission and Environamics 10/25/2011
Summary affirmance – trial court did not err in affirming commission’s decision that appellant was disqualified from unemployment compensation due to misconduct associated with work and that appellant received a fair and impartial hearing

0081111 Cheryl Y. Parris v. Natasha Doctor and Harrivon S. Carpenter 10/18/2011
Trial court did not err in finding Virginia did not have exclusive, continuing jurisdiction or in finding Virginia was an inconvenient forum under the UCCJEA

1430102 Bernard Lamont Ruth v. Commonwealth of Virginia 10/18/2011
Trial court erred in finding evidence was sufficient to prove appellant concealed the weapon about his person when he hid it under a rain catch and walked away and weapon was no longer accessible to him; conviction of carrying a concealed weapon, second offense, reversed and dismissed

1499101 Tinesha L. Bert v. Commonwealth of Virginia 10/18/2011
Conviction of fraudulent conversion or removal of leased personal property reversed and dismissed where evidence proved appellant breached her lease agreement but failed to prove beyond a reasonable doubt the requisite fraudulent intent to defraud

1999101 Tiffany Anne Huber v. Commonwealth of Virginia 10/18/2011
No error in trial court’s finding that evidence was sufficient to prove appellant intended to inflict physical harm on officer; conviction of attempted assault and battery of a law enforcement officer affirmed

0088114 Particia (Tricia) Kelly Tharp v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying request to provide victim with a translator during his testimony where trial court reasonably concluded there was no indication that victim did not speak or understand English

0558102 Judy Denise Wright v. Commonwealth of Virginia 10/11/2011
No error in appellant’s conviction of felony child neglect under Code § 18.2-371.1(A) where jury could conclude appellant committed a “willful act or omission” and could conclude that her conduct was knowing, voluntary, and without justifiable excuse

0948101 Anthony Joseph Crosen v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying appellant’s motion to suppress evidence of marijuana found during a search of appellant’s residence and his subsequent statements where evidence proved appellant gave valid consent for the officers to search his residence

1571101 John L. Harnois, Sr. v. Sara F. Riley-Harnois 10/11/2011
Summary affirmance – no error in trial court’s rulings regarding parties’ divorce and equitable distribution

1822102 Ardie Corneilus Flowers, Jr. v. Commonwealth of Virginia 10/11/2011
Trial court did not err in rejecting appellant’s plea of self-defense where appellant used excessive force to defend himself and evidence supported convictions of voluntary manslaughter and unlawful wounding

2008104 Michael Angelo Lamberti v. Commonwealth of Virginia 10/11/2011
No reversible error in trial court’s ruling that refused to allow results from victim’s blood alcohol test into evidence or allowing expert to testify about those results where admission of those results would not have caused jury to reach a different result

2465101 Victor Campos v. Charles Hinsch 10/11/2011
Appellant’s issue regarding whether trial court erred in denying his request for a continuance of the adoption proceeding to permit him to be present at a later date not addressed where appellant failed to file a transcript or statement of facts and a transcript or statement of facts is indispensable to issue raised

0208113 Wythe County Community Hospital and Travelers Indemnity Company of America v. Donna Turpin 10/04/2011
No error in commission’s finding that appellee was entitled to medical benefits where her injuries arose out of her employment

1066112 Fredericksburg Auto Auction and Broadspire Services, Inc. v. Diana Grogan 10/04/2011
Summary affirmance – no error in commission’s finding that appellee’s left shoulder surgery was causally related to the compensable accident and that appellants were responsible for the cost of this medical treatment

1659101 Brian Paul Engel v. Commonwealth of Virginia 10/04/2011
Trial court did not err in finding evidence was sufficient to prove appellant intended to assault the officer when appellant threw a liquid mixture at an inmate when the victim stood only three feet away and a natural and probable consequence of the act was to also spray the officer

1815101 Lawrence Wesley Roberts v. Commonwealth of Virginia 10/04/2011
Trial court did not err in denying appellant’s motion to suppress where officers had probable cause to believe appellant was operating a vehicle with an altered or fraudulent license plate or decal which justified his arrest and subsequent search; evidence was insufficient to prove appellant was guilty of obstruction of justice

2215102 Horace Vernon Henderson, Sr. v. Commonwealth of Virginia 10/04/2011
No error in appellant’s conviction of possession of a firearm after having been convicted of a felony where the circumstantial evidence was sufficient to support jury’s finding that appellant possessed the firearm on the date in question

2627102 Tyrone Jhurilal, s/k/a Tyrone Thane Jhurilal v. Commonwealth of Virginia 10/04/2011
No error in trial court’s finding that evidence was sufficient to determine appellant possessed marijuana when he entered Virginia and all reasonable hypotheses of innocence were excluded; conviction of transporting five or more pounds of marijuana into the Commonwealth affirmed

2675102 Mohammed Hossein Ranjbar v. Maria Zegarra Ranjbar 10/04/2011
Trial court’s order regarding equitable distribution and spousal support affirmed in part, reversed in part, and remanded to trial court for further proceedings

0617103 Thomas William Stone, Sr. v. Commonwealth of Virginia 09/27/2011
Appellant’s arguments regarding the trial court’s denial of his motion to withdraw his nolo contendere plea barred by Rule 5A:18

0772111 Lance Spurrier v. Anthony Conyers, Commissioner Virginia Department of Social Services 09/27/2011
Summary affirmance – no error in trial court’s order finding there was substantial evidence in agency record to uphold a founded disposition of sexual abuse

0981114 D & C Metal, Inc. and FirstComp Insurance Company v. Elvin Steven Betanco 09/27/2011
Summary affirmance – no error in commission’s decision that appellee was totally disabled beginning September 16, 2009 and had not suffered an intervening accident in March 2009

1039111 Centurum, Inc. and Federal Insurance Company v. George W. Towe 09/27/2011
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee

1057112 Charles L. Brown v. VSE Corporation and Traveler’s Property & Casualty Company of America 09/27/2011
Summary affirmance – no error in commission’s finding that appellant’s reflex sympathetic dystrophy was not a compensable consequence of his work accident

1059113 Lantz Construction Company and Cincinnati Insurance Company v. Michael Adams 09/27/2011
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee

1076111 U R S Corporation and Insurance Company of the State of Pennsylvania v. Jeffrey Wayne Hailey 09/27/2011
Summary affirmance – no error in commission’s finding that after a work-related injury by accident in 2008, appellee adequately marketed his residual work capacity from May 3, 2010 forward

1727103 Antonio Eugene Palmer v. Commonwealth of Virginia 09/27/2011
As a trial transcript or statement of facts is indispensable to appellant’s issue regarding sufficiency of evidence to support convictions of eluding a law enforcement officer and driving on a revoked license and neither was provided on appeal, appellant’s convictions affirmed

1852101 John L. Harnois, Sr. v. Commonwealth of Virginia 09/27/2011
Summary affirmance – no error in trial court’s order denying appellant’s “Petition to Void Orders and Convictions Therefrom”

1986103 Thomas L. Switzer v. Paula Fridley, Samuel Smith, Jodi Smith, William Switzer and Carleen Switzer 09/27/2011
Summary affirmance – no error in trial court’s rulings addressing appellant’s numerous motions, pleadings, petitions, and other documents filed by appellant from October 2009 until August 2010

2657101 Nathaniel Mitchell, Jr. v. Commonwealth of Virginia 09/27/2011
Trial court did not err in denying motion to suppress where fifteen-minute detention for arrival of drug dog did not violate Fourth Amendment and stop was based on suspicion that appellant possessed drugs

0946101 William Bill Clark v. Commonwealth of Virginia 09/20/2011
Trial court did not err in denying appellant’s motion to suppress where evidence was sufficient to support finding that police developed reasonable suspicion for the detention and then probable cause for appellant’s arrest

1771101 Tigee Eugene Miles v. Commonwealth of Virginia 09/20/2011
Trial court did not err in finding evidence was sufficient to prove appellant conspired with a third party to distribute cocaine to the buyer and in resolving inconsistencies in the witnesses’ testimony in favor of the Commonwealth

2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality, et al. 09/20/2011
Petition for rehearing granted

2376091 Edwin Miller v. Commonwealth of Virginia 09/20/2011
Appellant’s issues regarding whether trial court erred in admitting into evidence a summary of information from the victims’ medical records and in informing the jury that the summary was an agreed stipulation despite appellant’s objection to the admission of the stipulation barred by Rule 5A:18

0783113 Commonwealth of Virginia v. Aaron Matthew Floyd 09/13/2011
Trial court erred in granting appellee’s motion to suppress certain statements he made where appellee was not in custody when officer questioned him and officer was not required to provide Miranda warnings before questioning him

0820113 Wiseman Enterprises, Inc. and Sedgwick Claims Management Services, Inc. v. Martin Baez-Flores 09/13/2011
Summary affirmance - commission did not err in finding that appellee’s injury was causally related to the industrial accident and in awarding temporary total disability benefits

0472113 Neketia Jackson v. Lynchburg Department of Social Services 09/06/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where clear and convincing evidence proved termination was in best interests of children and appellant had been unable within a reasonable period of time to remedy conditions that led to foster care placement of children

0473113 Rodney Spradley v. Lynchburg Department of Social Services 09/06/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved termination was in best interests of children and appellant had been unable within a reasonable period of time to remedy conditions that led to foster care placement of children

0559113 Frank James Moorefield, Jr. v. Boxco, Inc. and Erie Insurance Exchange 08/30/2011
Summary affirmance – commission did not err in finding appellant’s injuries were not causally related to his employment and the assault was personal in nature

0872114 Allied Waste Industries, Inc. and Zurich American Insurance Company v. James Ashby 08/30/2011
Summary affirmance – no error in commission’s finding that appellee’s claim was not barred by willful misconduct

1052112 Alice M. Deane v. Marshalls, Inc. and American Casualty Company of Reading, Pennsylvania 08/30/2011
Summary affirmance – commission did not err in finding appellant’s claim for benefits for psychological conditions is barred by the doctrine of res judicata

0706112 Commonwealth of Virginia v. David William Bickford 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court

0707112 Commonwealth of Virginia v. Tracy Ruth Bickford, s/k/a Tracey Bickford 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court

0708112 Commonwealth of Virginia v. Larry Edward Turner, Jr. 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court

0671113 Sheetz, Inc. and Fidelity and Guaranty Insurance Company v. Brenda Louise Lloyd Riffey 08/23/2011
Summary affirmance – commission did not err in finding appellee was entitled to temporary total disability benefits and appellants were responsible for treatment by and referrals from appellee’s pain management specialist

0843112 David Anthony Brown v. Charlottesville Department of Social Services 08/23/2011
Trial court did not err in terminating appellant’s parental rights to his child when evidence showed termination was in child’s best interests

1527103 Frank Leo Cox, III v. Commonwealth of Virginia 08/23/2011
Trial court did not err in relying on statutory rebuttable presumption to conclude appellant had the requisite intent to defraud when he presented checks with intent to defraud; evidence was sufficient to support conviction of presenting two or more bad checks for cash

2022101 Ross & Sons Utility Contractor, et al. v. Christopher Samuel Hively 08/23/2011
Upon a Rehearing – commission erred in awarding appellee temporary partial disability benefits where appellee did not prove he adequately marketed his residual work capacity beyond the hours he worked part time; award dismissed

0242111 Commonwealth of Virginia v. William C. Thomas 08/16/2011
Trial court did not err in granting appellee’s motion to suppress cocaine seized during execution of search warrant for appellee’s home where trial court found credibility information of informant was recklessly omitted from affidavit and appellee proved probable cause was lacking

0655114 Christopher Michael Lam v. Town of Lurary Law Enforcement, et al. 08/16/2011
Summary affirmance – commission did not err in denying appellant’s claim for his shoulder injury

0771114 Theresa Anna Nicole Buffington v. Christopher Bates and Audrey Brown 08/16/2011
Summary affirmance – trial court did not err in awarding custody of appellant’s child to appellees

2589104 Marcus Anthony Smalls v. Bell Co. of Rochester and Travelers Indemnity Company of Illinois 08/16/2011
Summary affirmance – commission did not err in denying appellant’s claim for permanent partial disability benefits and payment of medical bills where those claims were barred by res judicata

0357102 Gary Don Castle, Jr. v. Commonwealth of Virginia 08/09/2011
Trial court did not abuse its discretion in revoking appellant’s suspended sentence where it found he violated good behavior condition

0763112 Hilario Hernandez v. Outback Steakhouse and Travelers Indemnity Company of America 08/09/2011
Summary affirmance – commission did not err in finding appellant did not prove his accident arose out of a risk or hazard of his employment, that there was no critical link between a work-related risk and the accident, that appellant was performing a job duty that made his fall more likely, or that there was a slippery substance on floor preceding fall

1481102 Betty J. Campbell v. Harry D. Campbell 08/09/2011
Trial court did not err in refusing to allow appellant to relitigate grounds for divorce, in relying on appellant’s constructive desertion of appellee in dividing marital estate, in finding appellee’s gifts to parties’ children did not constitute marital waste, or in finding appellant was not entitled to any past due support

1629102 Harry D. Campbell v. Betty J. Campbell 08/09/2011
Trial court did not err in classifying business as marital property, in relying on use of marital property as collateral as evidence of transmuting another business to marital property, or in disbelieving appellant’s testimony regarding alleged diminutions in business property

2536102 Homescapes, LTD., et al. v. Stephen Bruce Anderson, Jr. 08/09/2011
No error in commission’s finding that appellants failed to prove appellee unjustifiably refused to cooperate with vocational rehabilitation services

0318102 Todd Keith Wells v. Commonwealth of Virginia 08/02/2011
Trial court did not err in finding that Commonwealth’s Attorney had jurisdiction to prosecute violations of Code § 40.1-29(E) absent involvement of Commissioner, in allowing witness’ testimony or in allowing photocopy of check into evidence; trial court erred in finding “intent to defraud” did not need any further definition

0603112 Steven B. Crouch v. Battlefield Farms, Inc. and Northern Insurance Company of New York 08/02/2011
Summary affirmance – no error in commission’s denial of benefits where it found appellant did not prove an injury by accident resulting from a discernable incident or that appellant proved a distinct onset of symptoms

2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality et al. 08/02/2011
Trial court did not err in refusing to conduct an evidentiary hearing on matter of standing; trial court erred in sustaining appellees’ demurrer to appellants’ amended petition for appeal

2174102 Fredericksburg Department of Social Services v. Zaskecha Washington 08/02/2011
Trial court did not err in denying appellant’s petitions to terminate appellee’s parental rights to her children where appellant did not meet its burden under Code § 16.1-283

2217102 Hunter Lee, III v. Fredericksburg Department of Social Services 08/02/2011
Trial court did not err in terminating appellant’s parental rights to his two children where appellee proved by clear and convincing evidence that termination was in best interest of children

2596101 Rebecca Lewis v. Stephen Bailey 08/02/2011
Summary affirmance – no error in trial court’s order regarding child support for parties’ children

1315101 Leonard Bell v. Commonwealth of Virginia 07/26/2011
No error in trial court’s finding that evidence was sufficient to prove the value of the money stolen from the victim’s wallet was $200 or more

1381103 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services, etc. 07/26/2011
Judgment of trial court finding appellant in contempt affirmed on all issues except where the trial court modified the 2007 support order retroactive to May 1, 2008

1382103 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services, etc. 07/26/2011
Judgment of trial court modifying appellant’s child support obligation affirmed in part and reversed and remanded in part

0551102 Cedric Leonard Cosby v. Commonwealth of Virginia 07/19/2011
Issue raised on appeal of whether trial court erred in revoking two years of his suspended sentence where he was not provided prior written notice trial court would be considering a new law violation at the revocation hearing barred by Rule 5A:18

0561111 Pines Residential Treatment Center and Travelers Indemnity Company of America v. Karen J. Frith 07/19/2011
Summary affirmance – no error in commission’s findings regarding appellee’s ongoing medical treatment

0785103 Brian Anthony Dove v. Commonwealth of Virginia 07/19/2011
Trial court did not err in finding evidence was sufficient to prove appellant stole the victims’ ATV; conviction of grand larceny affirmed

0792102 Richard E. Robinson v. Commonwealth of Virginia 07/19/2011
Appellant’s convictions of three felony counts of dog fighting affirmed where nothing suggests trial court abused its discretion in applying Code § 19.2-266.2 and denying as untimely appellant’s motion to dismiss two of the indictments as violative of his double jeopardy rights made on morning of trial

2692092 Elizabeth Morton Barham v. Commonwealth of Virginia 07/19/2011
Issue raised on appeal of whether trial court erred in holding that it did not have the authority to take a matter under advisement while the appellant fulfilled certain conditions with the understanding that the charge would later be dismissed barred by Rule 5A:18 as that was not the same question asked of trial court

0142114 Dale Warren Dover, Guardian Ad Litem for the Minor Child v. Victoria Walker 07/12/2011
Appeal dismissed where appellant failed to provide a necessary party and/or his counsel with a copy of the notice of appeal and that party did not waive the issue

2314104 John A. Ilg v. United Parcel Service, Inc. and Liberty Insurance Corporation 07/12/2011
Commission did not err in finding that as appellant never sought an award for his hand injury, appellees were not required to take that injury into account in establishing an unjustified refusal to participate in vocational rehabilitation

2357102 Alisa M. Costanzo v. Vincent J. Costanzo 07/12/2011
Trial court erred in finding appellant failed to present sufficient evidence to enable it to determine the issue of spousal support; remanded to trial court for determination based upon existing record

2503101 Joel Lannigan v. Virginia Beach Department of Human Resources 07/12/2011
No error in trial court’s decision to terminate appellant’s parental rights to his child where appellee made reasonable and appropriate efforts to assist appellant but he was not cooperative

0368114 Prince William County School Board and VML Insurance Programs v. Roberta Ann Rother 07/05/2011
Summary affirmance – appellant’s arguments on appeal are without merit

0917101 Daniel David Lucas v. Commonwealth of Virginia 07/05/2011
This Court declines to consider argument raised on brief as it was not raised in appellant’s petition for appeal; judgment affirmed

1395101 Quamar De-Wone Gregory v. Commonwealth of Virginia 07/05/2011
Trial court did not err in permitting hearsay evidence under the adoptive admission exception to the hearsay rule; judgment affirmed

1398101 Shavis Shundale Clark v. Commonwealth of Virginia 07/05/2011
Trial court did not err regarding the motion to suppress; as evidence was sufficient to support appellant’s convictions for possession of cocaine with intent to distribute and for transporting cocaine into the Commonwealth, those convictions are affirmed; as evidence was insufficient to support his conviction for conspiracy to distribute cocaine, that conviction is reversed and dismissed

2209104 William R. Brown v. Cowles Nissan Chrysler and VADA Group Self-Insurance Association 07/05/2011
Summary affirmance – no error in commission’s finding that appellant did not sustain a compensable injury by accident

2256103 Teresa Huffman v. Roanoke City Department of Social Services 07/05/2011
No error in trial court’s order terminating appellant’s residual parental rights to her daughter

2317091 Christopher Harris v. Jeanette Harris 07/05/2011
Trial court abused its discretion in excluding the psychological evaluations of the children; judgment reversed and case remanded

2704104 Alexandra A. Carr v. Timothy B. Carr 07/05/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for clarification without conducting a hearing

0721101 William Travis Newton v. Commonwealth of Virginia 06/28/2011
Appellant’s conviction for participating in a criminal street gang affirmed as the trial court did not abuse its discretion in admitting the Commonwealth’s evidence of prior criminal acts of two other individuals

0763101 Richard Michael Anderson v. Commonwealth of Virginia 06/28/2011
Trial court did not err in not excluding the testimony of the social worker on the ground that the recent complaint rule applies only to the “initial complaint” of the victim; all other arguments raised on appeal are procedurally defaulted; conviction affirmed

1346102 Steven Michael Friel v. Commonwealth of Virginia 06/28/2011
Appellant’s conviction affirmed without reaching the merits of his assignment of error as the record on appeal is not sufficiently complete to allow this Court to review the issue raised on appeal

2202104 Amarquaye Armar v. Adena F. Armar 06/28/2011
Trial court did not err by imputing income to husband in the amount that it did, in its spousal support award, and in ordering appellant to pay for appellee’s expert witness

2361101 Linda McIntyre v. DMHMRSAS Eastern State Hospital/Commonwealth of Virginia 06/28/2011
Commission’s decision reversed and case remanded as employer’s denial of benefits constituted a failure to provide medical care as a matter of law

2721101 Virginia International Terminals and United States Fidelity & Guaranty Company v. John McCarthy 06/28/2011
Commission did not err when it accepted as credible claimant’s testimony regarding how the accident occurred, when it found claimant’s excuse for providing untimely notice to employer reasonable, and when it found that employer had failed to overcome that excuse by showing employer was prejudiced by the delay

0143114 Commonwealth of Virginia v. Charles Matthew Sanford 06/21/2011
Trial court erred in finding officer lacked probable cause to arrest appellant and in suppressing appellant’s statements following his receipt of Miranda warnings; matter remanded to trial court

0476113 Maria R. Ortiz De Cardoso v. Virginia Employment Commission and George's Chicken, LLC 06/21/2011
Summary affirmance – no error in denial of unemployment benefits on ground that appellant left employment voluntarily without good cause

1989104 Shruti Parikh v. Jayesh Parikh 06/21/2011
Trial court's rulings regarding final divorce decree affirmed

2419104 Tamorah Chapman v. Virginia Employment Commission and Department of Treasury 06/21/2011
Summary affirmance – no error in denial of unemployment benefits due to misconduct connected with work

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