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Court of Appeals of Virginia Unpublished Opinions
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0162204 Thomas Khaled Maad v. Commonwealth of Virginia 01/19/2021
No error in finding that evidence was sufficient to prove appellant made a false representation as to a past or existing fact and had the intent to defraud
0765204 PetSmart, Inc. and Indemnity Insurance Company of North America v. Lori Miles 01/12/2021
Decision of Commission finding that appellants were responsible for paying appellee’s health care providers for services rendered to appellee affirmed
0787202 Mary Ann Saady v. Virginia Employment Commission 01/12/2021
Summary affirmance – decision of trial court denying unemployment benefits to appellant affirmed
0870204 Loudoun County Public Schools and PMA Management Corporation v. Mirian Hernandez 01/12/2021
No error in Commission’s finding that appellee’s disability is causally related to her workplace injury and that appellee adequately marketed her residual work capacity
1962193 Jason Corey O'Neal v. Commonwealth of Virginia 01/12/2021
Trial court did not abuse its discretion in imposing specific probation conditions unrelated to the underlying convictions where it was appropriate for the court to impose specific conditions to protect the public while appellant was not incarcerated; appellant’s First Amendment argument barred by Rule 5A:18
0224204 Dwain Alan Williams, Jr. v. Commonwealth of Virginia 12/29/2020
No error in trial court’s finding that the knife appellant possessed was a “weapon” prohibited from concealment under Code § 18.2-308(A)
0386191 Randor Lee Uzzel, Jr. v. Commonwealth of Virginia 12/29/2020
Trial court did not err in denying appellant’s request to replace his court-appointed attorney or in failing to inquire into a vague, unspecified possibility of conflict presented by his attorney’s role as a prosecutor in appellant’s unrelated conviction twelve years earlier
0678204 Jihad Jay Sibai v. Sterling Jewelers and XL Specialty Insurance Company 12/29/2020
Commission did not err in finding that appellant failed to prove a compensable injury by accident to his left ear, nose, face, and neck, in finding appellant’s seizures were not related to his compensable workplace injury to his head, or in denying appellant temporary total disability benefits for a defined period
0789203 Rachel Emily Jenkins v. Tazwell County Department of Social Services 12/29/2020
No error in trial court’s finding that termination of appellant’s parental rights was in her children’s best interest
0105201 Ryan Swinea, s/k/a Ryan Lance Swinea 12/22/2020
Trial court did not err in finding evidence sufficient to convict appellant of possession of a controlled substance or in refusing to grant appellant first offender status
0228201 Joseph Smith v. Commonwealth of Virginia 12/22/2020
Trial court did not err in denying appellant’s motion to strike the burglary and destruction of property charges where the evidence proved the shed was permanently affixed to realty and the inference of guilt based on recently stolen property also applied to the burglary and destruction of property charges
0427202 Mark Israel Arencibia v. Commonwealth of Virginia 12/22/2020
Trial court did not err in denying appellant’s motion to suppress where the trial court concluded that appellant’s statements to the police were not coerced; no error in trial court’s finding that evidence was sufficient where appellant was actively engaged in distribution at the time he was arrested which corroborated his statements confessing to selling drugs
0557201 Gregory Lynn McMillan v. Commonwealth of Virginia 12/22/2020
Appellant’s conviction of driving after forfeiture of license, third offense in ten years, affirmed where appellant’s failure to comply with Rule 5A:20(e) is significant and Court finds assignment of error is waived
0859203 Teresa Marie Hall v. Commonwealth of Virginia 12/22/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the foster care goal of adoption
1640192 Wendy Church Green v. Commonwealth of Virginia 12/22/2020
Trial court did not err in modifying appellant’s sentence and the terms of her probation where the trial court properly had subject matter jurisdiction and acted in accordance with appellant’s request; as appellant did not object to the ruling in the trial court issue is waived and she may not now take a contradictory position on appeal
0568203 Juan Viera Lazo v. Wholesome Energy, LLC and Accident Fund General Insurance Company 12/15/2020
Commission did not err in denying appellant additional workers’ compensation benefits for injuries sustained in a 2015 injury as the claim for compensation for appellant’s right shoulder injury is barred by Code § 65.2-601
0597204 Sands Cooper v. Advanced Internet Automation, LLC amd Trumbull Insurance Company 12/15/2020
Summary affirmance – decision of the Commission affirmed where appellant failed to comply with Rules 5A:18, 5A:20, and 5A:25 and this Court is without jurisdiction to review appellant’s arguments regarding rulings by the deputy commissioner
0615201 Mary B. Giaquinto, n/k/a Mary B. Lincoln v. Nicholas A, Giaquinto 12/15/2020
Judgment of trial court affirmed where appellant waived any right to appeal pretrial rulings when she agreed to enter into an agreement with appellee that the trial court accepted; argument regarding the trial court’s application of the pretrial order waived under Rule 5A:18
1339192 Terry Lynn Blanding v. Commonwealth of Virginia 12/15/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant was the criminal agent in the arson of the residence; challenge to sufficiency of evidence to prove a burning barred where appellant did not obtain a ruling on the issue in the trial court
1775192 Jamar Rasaan Alford v. Commonwealth of Virginia 12/15/2020
Trial court did not err in denying appellant’s motion to suppress where the totality of the circumstances gave officer reasonable suspicion to detain and question appellant
0451202 Jasmine Walker v. Breyon Pierce 12/08/2020
Judgment of trial court issuing protective order for parties’ child after finding appellant committed an act of family abuse affirmed where trial court had jurisdiction as there was no defect in service on appellant and evidence was sufficient to support the protective order
0452202 Jasmine Walker v. Breyon Pierce 12/08/2020
Judgment of trial court issuing protective order for parties’ child after finding appellant committed an act of family abuse affirmed where trial court had jurisdiction as there was no defect in service on appellant and evidence was sufficient to support the protective order
0682204 Cumberland Hospital and Ace American Insurance Company v. Angela Ross 12/08/2020
No error in Commission’s award of medical benefits pursuant to Code § 65.2-603 to appellee, including around-the-clock home health care to be provided by her husband at the same rate paid to an agency provided by the appellants
1054192 Greg Eugene Minitee, a/k/a Gregory Eugene Minitee v. Commonwealth of Virginia 12/08/2020
Trial court erred in denying appellant’s motion to dismiss on double jeopardy grounds where the trial court abused its discretion in declaring a mistrial over appellant’s objection without detailing its consideration of less drastic alternatives for the record
1704194 Konstantin Sizov v. Natalia V. Sizov 12/08/2020
Judgment of trial court on issues of grounds for divorce, equitable distribution and attorney’s fees affirmed; judgment of trial court on issues of spousal support and child support reversed and remanded to trial court
1867191 Eric L. Turner v. Commonwealth of Virginia 12/08/2020
Trial court did not err in revoking appellant’s suspended sentence after finding appellant violated the conditions of probation based on the testimony of a probation officer who neither supervised nor authored the major violation report
0464203 Ronald Gene Edwards, Jr. v. Commonwealth of Virginia 12/01/2020
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of receiving stolen property where the trial court could infer guilty knowledge from the close proximity in time between the possession of the stolen leaf blower and the date it was stolen
1614191 Christian Lindale Stevenson v. Commonwealth of Virginia 11/24/2020
Trial court did not err in denying appellant’s motion to suppress where appellant was not in custody when he made the statements at the hospital and police officers were not required to provide appellant Miranda warnings before questioning him
1729194 Santique Kanu, Jr. v. Commonwealth of Virginia 11/24/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant had a separate impulse to steal each time he took money and supported three counts of embezzlement
0413204 Sandra S. Warme v. Walter H. Warme, Jr. 11/17/2020
Trial court’s decision on equitable distribution in final decree and accompanying court order acceptable for processing affirmed in part and reversed and remanded in part
0623202 Franchon Tinsley v. Albemarle County Department of Social Services 11/17/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0662203 Tracy A. Irby v. LifePoint Health and Safety National Casualty Corporation 11/17/2020
Commission did not err in vacating the award order due to mistake, deciding appellant’s claim on the merits, and finding appellant did not meet her burden of proof regarding ongoing injury
0677202 Franchon Tinsley v. Albemarle County Department of Social Services 11/17/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1284193 James Clyde Gordon v. Commonwealth of Virginia 11/17/2020
Trial court did not err in denying appellant’s motion to strike the three obstruction of justice convictions where the evidence was sufficient to support each of them; appellant’s failure to proffer the testimony he planned to elicit from the witness precludes this Court from determining whether the trial court erred in sustaining the Commonwealth’s relevance objection
1674192 Braxton Alexander George Francis v. Commonwealth of Virginia 11/17/2020
Trial court did not err in denying appellant’s motion to dismiss based on a double jeopardy violation where the evading and eluding were separate and distinct acts in each county
1921193 Dana Miguel Keith v. Commonwealth of Virginia 11/17/2020
No error in trial court’s findings that appellant possessed the requisite intent to steal the jewelry and cell phone prior to and during the killings and that the evidence was sufficient to convict appellant of two counts of robbery
0475201 Fathima Wilson v. Norfolk Department of Human Services 11/10/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2) and approving the foster care goal of adoption
0516202 Masonite Corporation and Travelers Indemnity Company of America v. Rebecca Dean 11/10/2020
No error in Commission’s finding that appellee’s back and neck injuries were compensable consequences that arose during treatment for her compensable industrial accident rather than original injuries sustained at the time of the compensable industrial accident
1987194 Victor Andres Zelaya v. Commonwealth of Virginia 11/10/2020
No error in trial court’s finding that officer possessed reasonable and articulable suspicion that appellant was armed and dangerous and involved in criminal activity and thus the protective measure taken by the officer was not unreasonable under the Fourth Amendment; evidence sufficient to find appellant guilty of carrying a concealed weapon
2074192 Linda Mena Arreola, s/k/a Linda Mena-Arreola v. Commonwealth of Virginia 11/10/2020
Trial court did not err in denying appellant’s motion to suppress where the officer’s actions in detaining appellant, investigating her suspected criminal conduct, and arresting her for DUI were reasonable intrusions for purposes of Fourth Amendment
0392202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0394202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0395202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0463202 Virginia Hand Center v. Adams Lumber Co., Inc. and Bitco National Insurance Company 11/04/2020
Commission erred in determining the allowable charges for multiple procedures based on the methodology contained in the Medicare Claims Manual where the plain language of Code § 65.2-605 applicable in this case does not provide for application of the Medicare Claims Manual or an automatic 50% payment reduction for multiple procedures
0567202 Nicole M. Johnson v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to her children after finding sufficient evidence to support termination and that termination was in the children’s best interests
0600202 Newman Knight Frank and Zurich American Ins. Co. v. The Estate of Bruce A. Williams, et al. 11/04/2020
No error in Commission’s award of benefits where decedent’s injury both arose out of and in the course of his employment regardless of whether decedent was working or resting before his next shift
0620202 Aqua Leisure Pools, Spas & Patios, Inc., et al. v. Joseph Greene, III 11/04/2020
No error in Commission’s finding that appellee’s post-surgical MRSA infection was casually connected to the compensable work-related injury
0667203 Karen Juetta Roebuck v. Lynchburg Department of Social Services 11/04/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption
1567191 William Henry Thompson v. Commonwealth of Virginia 11/04/2020
The trial court had jurisdiction to modify the orders containing the clerical errors to record accurately the sentences imposed by the trial court
1728194 Deondrea Jerrele McLaurin v. Commonwealth of Virginia 11/04/2020
Trial court erred in finding evidence was sufficient to convict appellant where no evidence established that appellant was in the bedroom when the drugs were present, that he was aware of their presence, or that they were subject to his dominion and control
0070204 Mark Arick Roy v. Kimberly Elizabeth Hynes Roy 10/27/2020
Trial court did not err in determining child support, in equitably dividing the parties’ marital property, or in denying appellant’s motion to reconsider
0116201 Chesapeake Hospital Authority d/b/a, etc. v. State Health Commissioner and Sentara Hospitals 10/27/2020
Trial court did not err in upholding the Commissioner’s decision denying appellant a COPN for the creation of a new open-heart surgery service and additional dedicated cardiac catherization equipment
0183203 Steve Ernest Wade, Jr. v. Amherst County Department of Social Services 10/27/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children and approving the foster care goal of adoption
0190204 Keith Lee Davis v. Rita Corcoran Davis 10/27/2020
Trial court did not err in granting appellee divorce on grounds of cruelty or in allowing appellee to amend the complaint to include a request for spousal support; additional arguments waived for failure to file a transcript of the hearing at issue
0314204 Steven Douglas Moore v. Bridget Monica Moore 10/27/2020
Trial court did not err in fashioning the equitable distribution award or in determining appellant’s income for child support purposes
0315204 Bridget Monica Moore v. Steven Douglas Moore 10/27/2020
Trial court did not err in failing to classify, value, and distribute the marital estate where appellant failed to adduce sufficient evidence for the trial court to perform these functions
0449203 Penske Trucking Company L/P Epes Carriers & Hartford Underwriters Ins. Co. v. Jeroderick Lawson 10/27/2020
No error in Commission’s finding that probable cause did not exist to refer appellants’ hearing application to the docket
0450204 Kelly Roane v. Washington Metropolitan Area Transit Authority 10/27/2020
No error in Commission’s denial of appellant’s claim for permanent partial disability benefits where appellant did not meet her burden of proving permanent total incapacity in both legs as required under Code § 65.2-503(C)
0683204 General Electric and Electric Insurance Company v. Albert King 10/27/2020
No error in Commission’s finding that appellee’s hearing loss was caused by his employment
1678191 Isadore Miracle Humphrey, II v. Commonwealth of Virginia 10/27/2020
No error in trial court’s finding that evidence was sufficient to prove appellant acted as principal in the second degree to attempted robbery, malicious wounding, and use of a firearm in commission of a felony; appellant’s argument regarding sufficiency of evidence to prove conspiracy precluded by Rule 5A:12
0318194 Darrin Mark Robertson v. Commonwealth of Virginia 10/20/2020
Trial court did not err in revoking appellant’s suspended sentence after finding appellant in violation of the terms of his probation; appellant’s constitutional arguments are procedurally defaulted for failure to assign error to an actual ruling of the trial court
1039194 Ashley Nicole Sullivan v. Commonwealth of Virginia 10/20/2020
Trial court did not err in denying appellant’s request for a deferred disposition where the request was not made until two months after appellant was found guilty and a judgment of guilt had been entered in a conviction order; trial court did not err in denying appellant’s motion to withdraw her guilty plea where appellant expressly agreed to waive her right to withdraw the plea
1094194 Jude Joseph David Lovchik v. Commonwealth of Virginia 10/20/2020
Trial court did not err in denying appellant’s motion to suppress where appellant had no objectively reasonable expectation of privacy in his DNA identification profile as developed from DNA found on objects he had abandoned
1299191 Lennis L. McNair, Jr. v. Commonwealth of Virginia 10/20/2020
No error in trial court’s finding that evidence was sufficient to prove appellant stabbed and cut the victim out of anger after gaining possession of the knife and proved the victim’s wounds were the result of an intentional action
0323204 John Chris Kiriakou v. Heather Katherine Kiriakou 10/13/2020
Trial court’s decision on child custody, visitation, and award of attorney’s fees to appellee affirmed; trial court’s decision requiring appellant to initiate revocation of the children’s Greek citizenship and produce related documentation revered where that relief was never requested by appellee in her pleadings
0379203 Securitas Security Services USA, Inc. & Indemnity Ins. Co. of North America v. Carolyn E. Gersch 10/13/2020
No error in Commission’s finding that appellee was entitled to temporary total disability benefits after July 24, 2019
0818192 Mary Virginia Bruce Scott v. Thomas Aldom Scott 10/13/2020
Judgment of trial court directing appellant to pay appellee additional money to satisfy the equitable distribution terms of the final decree of divorce and denying appellant’s request for an award of attorney’s fees and costs affirmed
0861192 Thomas Aldom Scott v. Mary Virginia Bruce Scott 10/13/2020
Judgment of trial court denying appellant’s request for a discretionary award of attorney’s fees and costs affirmed; appellant’s argument he had a contractual right to recover attorney’s fees barred by Rule 5A:18
1168191 John Homer Oneal, IV v. Commonwealth of Virginia 10/13/2020
Judgment of trial court affirmed where appellant’s argument that trial court erred by denying his motion to strike where the Commonwealth failed to exclude the reasonable hypothesis that he acted in self-defense barred by Rule 5A:18
0244201 Ashley Nicole Witcher v. City of Newport News Department of Human Services 10/06/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0327204 Daniel Johnston v. ECHL Personnel Management of New Jersey and Great Divide Insurance Company 10/06/2020
No error in Commission’s calculation of appellant’s average weekly wage or its finding that appellant failed to adequately market his residual earning capacity; argument of whether deputy commissioner erred in denying benefits based on the finding that benefits were barred by Code § 65.2-502 is not reviewable by this Court
0476202 William Richard Allen, Jr. v. Prince Edward County Department of Social Services 10/06/2020
No error in trial court’s finding that it was in children’s best interests to terminate appellant’s parental rights
1421192 Antonio Alexander Jefferson v. Commonwealth of Virginia 10/06/2020
Trial court erred in denying appellant’s motion to suppress after failing to apply the exclusionary rule where the officer’s mistaken belief that Code § 46.2-804 prohibited a lane change over a solid white line was not reasonable as the statute did not prohibit such lane change
2064194 Jennifer A. Wellock v. Department of Historic Resources 10/06/2020
Judgment of trial court affirmed where Court is unable to review assignment of error raised on appeal as appellant did not file a transcript or written statement of facts of the trial court hearing
0001202 Stephon Tazewell Woodbury v. Commonwealth of Virginia 09/29/2020
Trial court’s denial of appellant’s motion to strike on identity of appellant as the perpetrator of the murder offense affirmed; appellant’s arguments regarding sufficiency of evidence to establish his identity as perpetrator of the malicious wounding and use of a firearm in the commission of a felony offenses barred by Rule 5A:18
0171203 Cynthia Khadi v. Wythe County Department of Social Services 09/29/2020
No error in trial court’s finding the foster care goal of adoption was in the child’s best interests
0174203 Akshay Khadi v. Wythe County Department of Social Services 09/29/2020
No error in trial court’s finding that termination of appellant’s parental rights under Code § 16.1 283(C)(2) was in the child’s best interest
0349203 James Beebe and June Beebe v. Harrisonburg Rockingham Social Services District 09/29/2020
Trial court did not err in finding that it was in the child’s best interests to deny appellants’ petitions for custody and visitation; Court will not consider appellants’ argument that trial court erred in terminating their daughter’s parental rights to the child as they lack standing
1242192 Stephon Tazewell Benniefield, s/k/a Stephon Tazwell Benniefield v. Commonwealth of Virginia 09/29/2020
Trial court did not err in denying appellant’s motion to strike the Commonwealth’s evidence of identity of appellant as the perpetrator of each offense and submit the case to the jury on the issue of identity
2077192 Jennifer Lynn Spicer v. Cumberland County Department of Social Services 09/22/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child after finding the Department made reasonable and appropriate efforts and it was in the child’s best interest
0291203 Carrie Pilenza v. Nelson County Department of Social Services 09/08/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i) and finding that termination of her parental rights was in child’s best interests
1102194 Guy R. Joubert v. Courtney R. Herbert 09/01/2020
Judgment of trial court regarding child custody and other issues affirmed in part, reversed in part, and remanded to trial court for further proceedings
1559193 Latoya Nicole Carter v. Commonwealth of Virginia 08/18/2020
Judgment of trial court affirmed as one assignment of error failed to challenge an actual ruling of the trial court and as the evidence was sufficient to support the conviction
0236203 Kaylyn Moore v. Harrisonburg-Rockingham Social Services District 08/11/2020
Summary affirmance – no error in trial court’s finding that the children were abused or neglected and that it in the best interests of the children to transfer custody to the children’s aunt
1444193 Anthony Wayne Easterling, s/k/a Anthony Wayne Easterling, Jr. v. Commonwealth of Virginia 08/04/2020
No error in trial court’s finding that appellant had knowledge of the firearm under the driver’s seat he was sitting in and that he possessed that firearm
0929194 Andrew Alfred Benthall v. Commonwealth of Virginia 07/28/2020
Judgment of trial court affirmed where appellant may not successfully challenge Code § 18.2 194 as it did not affect the jury’s verdict; appellant’s challenge of the sufficiency of the evidence fails where appellant did not argue both theories of the offenses on which the jury was instructed
0982193 Mark William Breznick v. Commonwealth of Virginia 07/28/2020
Appellant’s arguments on appeal regarding whether the trial court lacked jurisdiction to adjudicate his appeal from general district court and whether the trial court erred in imposing the jury’s sentence because the Commonwealth had previously waived jail time barred by Rule 5A:18
1197193 Richard Amos Taylor v. Commonwealth of Virginia 07/28/2020
Trial court did not err in finding the “introduction into commerce” exception in Code § 18.2 247(B) did not apply where appellant failed to introduce any evidence of when any substance, imitation or illegal, was introduced into commerce
1466194 Norman M. Achin v. Sandra I. Ochoa 07/28/2020
Judgment of trial court awarding appellee sole legal and primary physical custody of the parties’ child and limiting appellant’s visitation with the child to two two-hour supervised visits per month affirmed
1620194 Julian Morrison v. Jaci Morrison 07/28/2020
No error in trial court’s award, in the final decree, regarding monthly spousal and child support to appellee or in the provision requiring appellant to maintain an existing life insurance policy
2024194 Sylvia D. Ross v. Donald M. Ross 07/28/2020
No error in trial court’s determination of the duration and amount of spousal support to appellant, in its denial of appellant’s motion for an alternate valuation date for the parties’ joint bank accounts, or in its calculation of the marital portion a specific account
0123202 Leonidas Dorestal, Jr. v. City of Fredericksburg Department of Social Services 07/21/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(2)
0213202 Northern Virginia Community College/Commonwealth of Virginia v. Jayanthi Easwarachandran 07/21/2020
No error in Commission’s finding that appellant did not simultaneously reinstate appellee’s leave used during the period of disability and must now pay the dollar amount of the leave used by appellee
0431202 J.L. Edwards Enterprises, LLC, et al. v. Roberto Gamez-Mayen, et al. 07/21/2020
Summary affirmance – no error in Commission’s finding that the claimant suffered a compensable injury by accident arising out of and in the course of his employment; argument whether appellants were claimant’s statutory employer waived under Rule 5A:20(e)
1044192 Antonio Jermaine Spencer v. Commonwealth of Virginia 07/21/2020
Judgment of trial court affirmed where appellant failed to preserve his Fourth Amendment arguments for appellate review
1436184 Kevin Miles Lydon v. Commonwealth of Virginia 07/21/2020
Trial court did not err in denying appellant’s motions to strike or to dismiss the charge of abduction with intent to defile where the evidence proved restraint of the victim that was not inherent in or incidental to the charges of aggravated sexual battery
1631194 Gregory Lee Wallace, s/k/a Gregory Lee Wallace, Jr. v. Commonwealth of Virginia 07/21/2020
Judgment of trial court revoking appellant’s sentence and imposing the remainder of the original sentence affirmed; appellant’s argument that trial court was required to award him credit against his sentence for time spent in jail on unrelated charges barred by Rule 5A:18
1666193 Erin Marie Coster Evans v. James August Evans, Jr. 07/21/2020
No error in trial court’s finding it lacked in personam jurisdiction over appellee at the time the divorce decree was entered and therefore did not have the authority to order appellee to pay child support at the time the decree was entered
1675191 Corey Deshawn Clemons v. Commonwealth of Virginia 07/21/2020
Trial court did not abuse its discretion in conditioning the resuspension of part of appellant’s sentences on the sentences running consecutively with all other sentences
0076201 Neurosurgical Specialists, Inc. v. Huntington Ingalls, Incorpoarted and York Risk Services Group 07/14/2020
Commission properly interpreted and applied Code § 65.2-605.1(G) and did not err in dismissing appellant’s claim for additional payment based on lack of jurisdiction
0296204 Wade M. Butts v. Christine A. Butts 07/14/2020
Trial court did not abuse its discretion in denying appellant’s motion to terminate spousal support after finding appellant did not prove termination was warranted
0554191 Richard Allen Brown v. Commonwealth of Virginia 07/14/2020
No reversible error by trial court in the introduction into evidence of appellant’s prior conviction where it did not influence the trial court in its decision
1990191 Steve Ray Divino v. Uninsured Employer's Fund, et al. 07/14/2020
Decision of Commission finding that appellant’s employer was not subject to the Act affirmed where appellant’s argument not preserved for appeal; no error in its finding that none of the alleged employers were liable for appellant’s injuries
1994193 Valerie Baldwin v. Harrisonburg Rockingham Social Services District 07/14/2020
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to make reasonable changes to allow return of the child and found there were no suitable relative placements
2028194 Timothy J. Emerick v. Carlie M. Emerick 07/14/2020
Trial court erred in including $800 per month in child-care expenses in a child support award where that expense was not incurred by appellee
2036191 HealthSmart Casualty Claims Solutions and Uninsured Employer's Fund v. Steve Ray Divino, et al. 07/14/2020
No error in Commission’s finding that none of the claimant’s alleged employers were liable for his injuries under the Act
0605194 Travis Sentell Singleton v. Commonwealth of Virginia 07/07/2020
Trial court’s revocation of appellant’s suspended sentences affirmed where court did not err in admitting field test results and evidence was sufficient to show that appellant violated the good behavior condition of the suspended sentences
0966194 Charles Allen Moffett v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as appellant waived his challenge to the admission of evidence of prior bad acts
1494192 Michael Anthony Patton, Jr. v. Commonwealth of Virginia 07/07/2020
No error in trial court’s findings that appellant was aware of the presence of cocaine and exercised dominion and control over it and that appellant had the intent to distribute the cocaine
1605181 John James Aggar v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as, based on the totality of the circumstances, the introduction of prior convictions did not influence the trial court and, thus, any error was harmless
2009192 Cavin Johan Jones v. Heidi Marlane Jones 07/07/2020
Judgment of trial court regarding its denial of appellant’s motion for reduction of spousal support affirmed
0159203 Jonathan Rae Huguley, Jr. v. Dawn Phoenix 06/30/2020
Summary affirmance – trial court did not err in finding that adoption was in the child’s best interests and that appellant withheld his consent to the adoption contrary to the child’s best interests
0412202 Loudoun Composting, LLC and Selective Ins. Co. of SC v. Jorge A. Hernandez 06/30/2020
Summary affirmance – Commission did not err in determining that employer failed to meet its burden to prove willful misconduct or violation of a safety rule
1247194 Michelina Bonanno v. James LeRoy Quinn, II 06/30/2020
Appeal dismissed because appellant was not a party to the adoption and has no standing to appeal the final order of adoption
1401194 George King v. DTH Contract Services, Inc. and American Select Ins. Co. 06/30/2020
Commission did not err in denying appellant’s application for benefits as the evidence did not establish that his injury arose out of his employment
2032194 Michelina Bonanno v. James LeRoy Quinn, II 06/30/2020
Appeal dismissed because appellant was not a party to the adoption and has no standing to appeal the final order of adoption
0679192 Mekyle Purnell, s/k/a Mekyle Dominique Powell v. Commonwealth of Virginia 06/23/2020
Trial court did not err in denying appellant’s motion to strike one of the potential jurors for cause
1882194 Syed Hyat v. Afshan Hina 06/23/2020
Trial court did not abuse its discretion in awarding spousal support to appellee for an undefined duration
2093193 John William Shiflet v. Bradley Melson and Amanda Melson 06/23/2020
No error in trial court’s finding that adoption of the child was in the child’s best interests
2029192 Farrish of Farifax and Vada Group Self-Insurance Association v. Mark Faszcza 06/16/2020
No error in Commission’s award of benefits to appellee where the evidence proved appellee proved a compensable injury by accident arising out of and in the course of his employment and suffered a compensable consequence of that injury
0187201 Commonwealth of Virginia v. Reginald Lee Jordan, Jr. 06/09/2020
Trial court did not err in dismissing the indictment as a violation of double jeopardy where it correctly concluded that the mistrial was not a manifest necessity
0188201 Commonwealth of Virginia v. Reginald Lee Jordan, Jr. 06/09/2020
Trial court did not err in dismissing the indictment as a violation of double jeopardy where it correctly concluded that the mistrial was not a manifest necessity
0707193 Amber Lee Bower v. Commonwealth of Virginia 06/09/2020
No error in trial court’s finding evidence was sufficient to prove appellant had the intent to distribute the methamphetamine she possessed
1694193 Ashley Craig Karnes v. Campbell County Department of Social Services 06/09/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1859193 Kristen Lindsay Pruitt v. Kayla Nicole Williams 06/09/2020
No error in trial court’s finding that the adoption of the children by appellee was in their best interests and that appellant withheld her consent to the adoption contrary to the children’s best interests
0811192 Al Martino Williams v. Commonwealth of Virginia 06/02/2020
Trial court did not err in denying appellant’s motion to suppress evidence found as a result of a search of appellant’s residence where the Commonwealth’s evidence was sufficient to prove law enforcement did not exceed the limit of searches allowed per year under appellant’s prior plea agreement when they searched appellant’s residence
1151192 Marvin Seay Jones v. Commonwealth of Virginia 06/02/2020
Trial court did not err in allowing the Commonwealth to amend the indictment from carnal knowledge to indecent custodial liberties with a child where the amendment did not change the nature or character of the offense charged or in denying appellant’s motion to strike the evidence where the victim’s testimony was not inherently incredible
1581194 Renzo Torchiani v. Suzanne Senske 06/02/2020
Trial court did not err in ordering a rule to show cause for failure to pay court-ordered fees where appellant withdrew his appeal from juvenile court without making the court-ordered payments to appellee
2004194 Ana Marie Santa Maria Arebalo v. Adolfo Mejia Melendez 06/02/2020
Trial court did not err in granting appellee’s motion to strike and dismissing appellant’s complaint for annulment based on the lack of corroborating evidence as a party’s own testimony is not sufficient corroboration; Court cannot review the ruling on the admissibility of the foreign documents as they were not included in the record on appeal
0604192 Shana Contrell Cleaton v. Commonwealth of Virginia 05/26/2020
Trial court erred in finding evidence was sufficient to establish that appellant caused property damage in excess of $1,000; felony hit and run conviction reversed and matter remanded to trial court for retrial on the lesser-included offense
1270191 Samuel Leon Burgess v. Commonwealth of Virginia 05/26/2020
Conviction of felony failure to appear affirmed where appellant’s argument that he did not receive notice of the trial date, even if accurate, fails to establish that the evidence was insufficient to prove willfulness
1840194 John R. Tyler, Jr. v. Culpeper County Department of Social Services 05/26/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of adoption/relative placement
1018193 Lynchburg Department of Social Services v. Channel Boxley 05/19/2020
No reversible error in trial court’s decision granting appellee’s motion to strike appellant’s evidence
1250193 Jeffrey M. Langford v. Dish Network and Indemnity Insurance Company of North America 05/19/2020
No error in Commission’s finding that appellant’s accident did not arise out of or in the course of his employment where the area appellant parked was not a part of the extended premises of his employer
1313194 Fialka Ward v. John Lee Ward 05/19/2020
Appellant’s arguments raised on appeal barred by Rule 5A:18 where she raises them for the first time on appeal
1560193 Lynchburg Department of Social Services v. Channel Boxley 05/19/2020
No reversible error in trial court’s decision granting appellee’s motion to strike appellant’s evidence
1813194 Vinay Pendli v. Sudheera Gajula 05/19/2020
Trial court did not err in its equitable distribution award of the parties’ property
1821192 Erick Smith, a/k/a Ra'Son Nasir v. Chesterfield-Colonial Heights Department of Social Services 05/19/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(B)
1833192 Kathryn Koch v. Chesterfield-Colonial Heights Department of Social Services 05/19/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B)
0526192 Jonathan Julian Vejarano v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to set aside the verdicts where the Commonwealth did not violate Brady because it elicited the testimony appellant says was withheld in time for use at trial; there was no Napue violation because the witness did not commit perjury
0838191 Johnnie Matthew Chapman v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to withdraw his no contest pleas where the evidence supports the finding that appellant knowingly and intelligently entered into a valid contract and acted in bad faith in moving to withdraw his pleas
0844194 Robert Lee Smallwood v. Commonwealth of Virginia 05/12/2020
Trial court did not abuse its discretion in adjudicating appellant’s guilt as set forth in Code § 18.2-251 when appellant failed to pay court costs as required by Code § 19.2-303.4
1016184 David Knott v. Commonwealth of Virginia 05/12/2020
Appellant’s conviction reversed and remanded where trial court erred in applying the wrong legal standard to determine whether the evidence was sufficient to convict appellant of felony destruction of property
1161191 Rashad Demond Holmes v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to suppress evidence recovered as a result of a pat-down search where the objective facts and circumstances created a reasonable suspicion that appellant was armed and dangerous
0723194 Christopher Louis Smith v. Commonwealth of Virginia 05/05/2020
No error in trial court’s finding that evidence proved appellant knowingly and intentionally possessed the firearm found by police in his hotel room
0930191 Joseph Edward Hobbs v. Commonwealth of Virginia 05/05/2020
No error in trial court’s interpretation of the 2013 plea agreement to allow the Commonwealth to seek prospective probation violations as a result of appellant’s 2013 convictions; appellant’s argument regarding his sentence barred by Rule 5A:18
1010192 Kristopher Quishon Davis v. Commonwealth of Virginia 05/05/2020
Trial court did not err in denying appellant’s motion to strike the evidence after concluding that the Commonwealth had adduced sufficient evidence, if believed by the jury, to prove appellant was the perpetrator of the burglary and larceny
1148194 Leslie Emmett Anderson v. Lea Cardoso Anderson 05/05/2020
Appellant’s arguments regarding the written statement of facts and the trial court’s classification of certain property as the separate property of appellee barred by Rule 5A:18; trial court did not err in finding handwritten documents did not represent a marital agreement between the parties and that neither party owned any real property in Brazil
1599192 Alice Shaquita Thompson v. Richmond Department of Social Services 05/05/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding termination of those rights was in the children’s best interests
1683193 BWX Technologies and Ace American Insurance Co. v. David W. Ashby 05/05/2020
Appeal dismissed where the Court, after finding appellee was not entitled to benefits, need not address whether he justifiably refused selective employment
1735193 David W. Ashby v. BWX Technologies and Ace American Insurance Co. 05/05/2020
Commission did not err in denying appellant’s claim for temporary partial disability benefits where appellant presented no evidence he marketed his residual capacity
1815192 City of Charlottesville v. William Sclafani 05/05/2020
No error in Commission’s finding that appellee’s injury during the post-lunch training session was sufficiently precise to establish a compensable injury
2017192 Julius Edward Hughes v. Richmond Department of Social Services 05/05/2020
Summary affirmance – trial court did not err in dismissing the maternal aunt’s petition for custody of appellant’s children after terminating his parental rights and approving the foster care goal of adoption
2089193 Malcolm Jason Monroe v. Jennifer Wood Monroe, n/k/a Jennifer Wood Lee 05/05/2020
Trial court did not err in not recusing itself where appellant did not prove the trial court was prejudiced or biased; trial court did not err in classifying the property and debt and ordering appellant to pay a portion of the marital debt or in awarding attorney’s fees to appellee
0297193 Brandon Servais v. Commonwealth of Virginia 04/28/2020
Trial court did not err in convicting and punishing appellant separately for possession of child pornography and production of child pornography where they are not the “same offense” for double jeopardy purposes
0365193 Lukas Charles Fultz v. Commonwealth of Virginia 04/28/2020
Trial court did not err in denying appellant’s motion to suppress where there was no unlawful trespass or search that violated appellant’s Fourth Amendment rights
0597194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Judgment of trial court affirmed
0747194 Hassan Sultan v. Nosheen Malik 04/28/2020
Trial court did not abuse its discretion in valuing the appellant’s business, in relying on appellee’s expert witness, or in using the hearing date as the valuation date for the parties’ assets
0817194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Appeal transferred to Supreme Court of Virginia as this Court lacks jurisdiction to review issues raised on appeal
0938193 Steven Wayne Glenn, Sr. v. Commonwealth of Virginia 04/28/2020
Trial court did not err in denying appellant proffered instruction on the defense of accident where the instruction did not properly state the law applicable under the facts of this case and would have confused the jury as it contradicted another instruction given to the jury
1057194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Judgment of trial court affirmed
1375184 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Appeal transferred to Supreme Court of Virginia as this Court lacks subject matter jurisdiction
1799192 Commonwealth of Virginia v. Tyron J. Johnson 04/28/2020
Trial court did not err in granting appellee’s motion to suppress evidence recovered where appellee was seized without probable cause that a crime was afoot
1957194 Commonwealth of Virginia v. Brian Daniel Delcid 04/28/2020
Trial court did not err in granting appellee’s motion to suppress statements appellee made to the police after concluding appellee was misinformed about his rights and that his purported waiver was invalid
0301192 Taiveon Antionio Tucker v. Commonwealth of Virginia 04/21/2020
No error in trial court’s finding that evidence was sufficient to prove appellant committed robbery; trial court did not err in denying appellant’s motion to quash a subsequent indictment for first-degree murder charged under the same statute and arising from the same facts where appellant had a preliminary hearing in the juvenile court for second-degree murder
0713191 Maria Isabel Astudillo v. Commonwealth of Virginia 04/21/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant’s conduct showed a reckless disregard for human life and was willful as required by Code § 18.2 371.1(B)(1)
1285183 Benjamin David Chastang v. Commonwealth of Virginia 04/21/2020
Trial court did not err in refusing to strike the abduction and use of a firearm in the commission of abduction charges where appellant’s actions were not inherent in the underlying robbery and were sufficient to constitute independent abductions
1481192 Alaida L. Jones v. Chesterfield County Public Schools and Chesterfield County School Board 04/21/2020
Summary affirmance – appellant’s arguments deemed waived for her failure to comply with Rule 5A:20(c) and (e)
1610194 Janet Ramallo v. Fairfax County and Fairfax County Board of Supervisors 04/21/2020
Commission did not err in declining to award appellant permanent total disability benefits where appellant did not meet her burden of proving that she was unable to use her limbs to any substantial degree in any gainful employment
1664193 Shelby Marie Finley v. Radford City Department of Social Services 04/21/2020
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1985184 Michelle Rahbar, f/k/a Michelle A. Clark v. Andrew F. Clark 04/21/2020
Summary affirmance – trial court did not abuse its discretion in denying her request for a continuance and appellant received the process due to her
0853191 Lindsey Wilcox v. Commonwealth of Virginia 04/14/2020
No error in trial court’s finding that evidence was sufficient to prove appellant was aware that the checks were forged, that the checks were fraudulently cashed, and that appellant took overt acts in furtherance of committing the crimes
0943192 Jerome Myers, II v. Janetta Katrece Myers 04/14/2020
Trial court erred in including spousal support payments appellee never received as income in calculating retroactive child support; remainder of decree affirmed
1507191 Food Lion, LLC and Delhaize America, LLC v. Joyce Toehlke 04/14/2020
Commission did not err in awarding continuing total temporary disability benefits to appellee where evidence proved that she provided timely notice to appellants, that the accident caused appellee’s injury, and that the doctor opined that appellee was likely to suffer a level of permanent disability
1679181 Billy Everett, s/k/a Billy Wilson Everett v. Commonwealth of Virginia 04/14/2020
No error in appellant’s conviction of defilement of a dead body where the meaning of “defile” in Code § 18.2-126(B) is not limited to sexual molestation and includes any action that dishonors or desecrates a corpse by treating it in an offensive manner and appellant’s disposal of the victim’s body constituted defilement
1720191 Commonwealth of Virginia v. Miquel Sirmir Johnston 04/14/2020
Trial court did not abuse its discretion in setting a $10,000 pre-trial bond for appellee
1972181 Rondever Williams, s/k/a Rondever Geovagia Williams v. Commonwealth of Virginia 04/14/2020
Trial court erred in denying appellant’s motion to suppress where the officers lacked a reasonable, articulable suspicion to conduct a successive traffic stop of the vehicle as the stop followed an initial stop-and-frisk that discovered no contraband and the only new information was an unreliable bare accusation levied by an individual being arrested
0426191 Rakale Jones, s/k/a Rakale L. Jones v. Commonwealth of Virginia 04/07/2020
No error in appellant’s convictions of carjacking, conspiracy to commit robbery, and use of a firearm in commission of a felony where victim’s identification of appellant as a perpetrator was sufficient to establish appellant’s criminal agency
1109191 Robert Lee Palmer v. Commonwealth of Virginia 04/07/2020
Trial court did not abuse its discretion in denying appellant’s motion for a nunc pro tunc order to amend a prior sentencing order pursuant to Code § 8.01-428(B) where appellant failed to show that the code section granted the trial court authority to reconsider the 2003 sentencing order more than twenty-one days after entry of that order
1137194 Shelly Marie Smith, n/k/a Shelly S. Davis v. William Robert Smith, III 04/07/2020
Trial court did not err in ordering appellant to pay appellee restitution for spousal support payments made after the date of her remarriage where appellant failed to fulfill her affirmative duty to notify appellee of her remarriage as soon as it occurred under the terms of the parties’ settlement agreement
1275182 Curtis Lee Stevens v. Commonwealth of Virginia 04/07/2020
Trial court did not abuse its discretion in refusing to strike two jurors for cause where the record demonstrated that both jurors indicated they could lay aside their preconceived notions
1147194 Dougals Woloshin v. Lillian Woloshin 03/31/2020
No error in that part of judgment holding appellant shall pay to appellee one-half of marital share of full retirement benefit payments earned by appellant; error in that part of judgment regarding apportionment, taxation, and payment of retirement benefit payments
1189194 Nina T. Daniel v. Selden L. Daniel 03/31/2020
Trial court did not err in granting motion in limine ordering appellant could not present any evidence, in finding appellee traced a separate property contribution into the marital home, in imputing income to appellant, and in awarding attorney’s fees to appellee
1262194 Rolf Pemberton v. Kathryn Mallek 03/31/2020
Trial court did not err in denying appellant’s motion to enforce visitation and appoint a reunification therapist, in granting appellee’s motion in limine excluding testimony, and in awarding appellee attorney’s fees
1315191 City of Newport News v. Peninsula Neurosurgical Associates, Inc. 03/31/2020
Commission did not abuse its discretion in not applying the doctrine of laches where it found a lack of necessary prejudice; merits of argument regarding exclusion of evidence not addressed where appellant did not ask the Commission to rule on that evidentiary issue and review of decisions of a deputy commissioner are not in this Court’s appellate jurisdiction
1382191 Peninsula Neurosurgical Associates, Inc. v. City of Newport News 03/31/2020
Commission did not err in declining to award attorney’s fees to appellant where the appellee’s defense of laches, while unsuccessful, was not unreasonable
1632194 Sylvia Martin v. Virginia Beach Public Schools and Corvel Corporation 03/31/2020
No error in Commission’s finding that appellant failed to prove that her injuries arose out of a risk of her employment
1927192 Kathie Choinski v. Virginia State University/Commonwealth of Virginia 03/31/2020
Summary affirmance – no error in Commission’s finding that appellant failed to prove by a preponderance of the evidence that her injuries arose out of her employment
0384194 Neelab Hashimi Ahmadzi v. Commonwealth of Virginia 03/24/2020
Trial court erred in finding evidence sufficient to support conviction of extortion where the victim voluntarily agree to pay appellant and willingly opened his wallet to pay her before appellant made any threat or accusation
0969194 Wanda Cooper v. Ronald Mack Cooper 03/24/2020
No error in parties’ final decree of divorce where appellant’s actions and words manifested her intention to enter in the agreement, forgo a trial, and end the litigation
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 03/24/2020
Upon Rehearing En Banc – judgment of trial court affirmed for reasons set forth in the panel opinion
1965184 Srijaya K. Reddy v. Neil J. Adler 03/24/2020
No error in trial court’s interpretation of parties’ pre-marital agreement regarding the marital residence and the marital debt
0034193 Carrie Pilenza v. Nelson County Department of Social Services 03/17/2020
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to substantially remedy the circumstances resulting in the child being abused and neglected
1157194 Michael F. O'Connor v. Stephanie Shae, f/k/a Stephanie Shea O'Connor 03/17/2020
Decision of trial court finding there had not been a material change in circumstances warranting a reduction in appellant’s spousal support obligation affirmed; decision of trial court awarding attorney’s fees to appellee without the required balancing reversed and remanded to trial court
1501191 Jennifer Walker v. City of Virginia Beach Department of Human Services 03/17/2020
Summary affirmance – appellant’s argument on appeal that the trial court erred by finding the evidence sufficient to issue the child protective order that supervised visitation was appropriate waived for failure to timely file the transcript from the circuit court hearing
1656194 Dixie Construction Co. Inc. and Hartford Underwriters Ins. Co. v. Timothy Stokes 03/17/2020
No error in Commission’s award of benefits to appellee where appellee proved a compensable injury by accident arising out of his employment and appellee marketed his residual capacity in light of his education, experience, and work restrictions
0373191 Ronald Lee Green v. Commonwealth of Virginia 03/10/2020
Trial court did not err in allowing the Commonwealth to cross-examine appellant about his prior offenses during the sentencing phase of his trial to rebut his testimony introducing evidence of his good character
1115191 Parker Mizelle v. Holiday Ice, Inc. and Graphic Arts Mutual Insurance Company 03/10/2020
No error in Commission’s finding that appellant willfully failed to wear a seat belt and that appellant’s willful misconduct barred him from receiving an award of benefits
1252193 James Madison University/Commonwealth of Virginia v. Irma D. Housden 03/10/2020
No error in Commission’s award of benefits to appellee where she proved her spider bite injury arose out of her employment
1346193 David Wayne Minnick v. Tamela Laura Minnick 03/10/2020
Summary affirmance – no error in the final decree of divorce regarding appellee’s retirement account, grounds for divorce, equitable distribution, and attorney’s fees
1572193 Brandon Scott Lambert v. Harrisonburg/Rockingham Social Services District 03/10/2020
Trial court did not err in granting the child protective order against appellant
0160192 Christopher Lee Hammock v. Halifax County Department of Social Services 03/03/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of relative placement/adoption
0161192 Christopher Lee Hammock v. Halifax County Department of Social Services 03/03/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of relative placement/adoption
0647194 Jeffrey Paul Riddel v. Commonwealth of Virginia 03/03/2020
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant failed to raise in the trial court the argument he raises on appeal
0668184 Torre Lamar Middleton v. Commonwealth of Virginia 03/03/2020
Trial court did not err in refusing appellant’s proposed instruction on entrapment where the evidence established that the idea for appellant to sell drugs originated with appellant and not the detectives
0728194 Dustin Aubrey Gram v. Commonwealth of Virginia 03/03/2020
No error in trial court’s finding that appellant did not act in self-defense and that evidence was sufficient to prove appellant unlawfully wounded his brothers
1415193 Virginia Department of Corrections v. Whitney Montgomery 03/03/2020
Decision of trial court reversing agency decision terminating appellee is reversed and decision of agency is reinstated
1515193 Commonwealth of Virginia v. Damian Ryan Eutsler 03/03/2020
No error in trial court’s finding that appellee did not abandon the hard drive; trial court erred in finding that the delay in seeking a search warrant converted the lawful acquisition of the hard drive to an unreasonable seizure
0907193 Perparim Rexha v. Harrisonburg City Public Schools and Sedgwick Claims Management Service 02/25/2020
Summary affirmance – no error in Commission’s findings that appellant did not establish a change in condition and that appellant did not adequately market his residual work capacity
1030194 Farah Khakee, f/k/a Farah Rodenberger v. David Wayne Rodenberger 02/25/2020
Judgment of trial court excluding text messages as hearsay when appellant did not provide an explanation how the double hearsay satisfied an exception to hearsay rule and modifying custody of the parties’ children affirmed; appellant’s other assignments of error waived for failure to properly brief them and her failure to present them to the trial court
1075193 Chad Lam, Vicky Lam, Bruce Lam and Sharon Lam v. Harrisonburg Rockingham Social Services District 02/25/2020
As the record on appeal does not contain a transcript necessary to review of the issue raised on appeal, judgment of trial court affirmed
1198194 Abel Asgedom v. Airport Terminal Services, Inc. and Sentry Casualty Co. 02/25/2020
Commission did not err in terminating appellant’s temporary total disability benefits where it found appellant could return to his pre-injury employment or in finding the requested diagnostic studies are not causally connected to the compensable injury
1417181 Crystal Estelle Baker v. Commonwealth of Virginia 02/25/2020
Trial court erred in denying appellant’s motion to suppress evidence recovered during a warrantless search of the vehicle appellant was driving
1316184 James Carroll Durrette v. Commonwealth of Virginia 02/18/2020
Judgments of trial court affirmed where the arguments raised in the trial court addressed modus operandi rather than the common scheme argument appellant raises on appeal and the two concepts are not the same
1438192 Commonwealth of Virginia v. Nathaniel Lamont Brock 02/18/2020
Trial court erred in dismissing the charges against appellee on double jeopardy grounds where the appellee waived his double jeopardy objection and the second prosecution did not violate appellee’s constitutional protections against double jeopardy
1591184 Jerode Demetrius Johnson v. Commonwealth of Virginia 02/18/2020
Trial court did not err in denying appellant’s motion to suppress his statements to the police at the scene of the accident and later at the hospital or the results of the blood drawn at the hospital after he was informed of the implied consent law
0074193 Timothy M. Barrett v. Commonwealth of Virginia, et al. 02/11/2020
No error in trial court’s 2018 order modifying appellant’s child support obligation upon remand from this Court
0201193 Marshall Sylvan Silver, Jr. v. Commonwealth of Virginia 02/11/2020
Any error by trial court to instruct jury on voluntary manslaughter harmless where the jury could not have found reasonable provocation because it found premeditation when it convicted appellant of first-degree instead of the lesser-included offense of second-degree murder on which it was instructed
0803192 Angela Darr v. Spotsylvania County Department of Social Services 02/11/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(2) and finding that termination was in children’s best interests
1446183 Sean Denzel Guerrant v. Commonwealth of Virginia 02/11/2020
Trial court did not err in finding evidence was sufficient to prove appellant possessed the firearm and the ammunition in the firearm and that the ammunition met the statutory definition of ammunition; trial court erred in convicting appellant of possession of a firearm by a violent felon and possession of ammunition by a felon
1654181 Shelton Givens v. Commonwealth of Virginia 02/11/2020
Trial court did not abuse its discretion in refusing to allow the entirety of appellant’s recorded statement into evidence where he did not carry his burden of proving an exception to the hearsay rule or in limiting the introduction into evidence of victim’s prior convictions and other evidence that was relevant to appellant’s self-defense claim
0306194 Deja Lachee McNair v. Commonwealth of Virginia 02/04/2020
Trial court applied the wrong standard in determining whether to revoke appellant’s suspended sentence
0532192 Timothy Lamont Booth, Jr. v. Commonwealth of Virginia 02/04/2020
Appellant’s conviction of possessing ammunition as a felon reversed where evidence did not prove beyond a reasonable doubt that appellant actually or constructively possessed the ammunition
0552194 Lamar Ortaga McLean v. Commonwealth of Virginia 02/04/2020
No error in trial court’s finding that appellant did not meet his burden to establish that his involvement in the drug transaction constituted an accommodation under Code § 18.2-248(D)
1047194 Tracey Cook and Arthur Cook v. Gary Scott Jensen and Jennifer Debra Springer Jensen 02/04/2020
Judgment of trial court granting adoption of the child affirmed
1134194 Ronald P. Ferry v. Sandra M. Beard 02/04/2020
Trial court did not err in ordering appellant to reimburse appellee for pension payments he received in violation of appellee’s property rights, in awarding appellee attorney’s fees, or in denying appellant’s request for attorney’s fees
1357194 Anita Simms v. Alexandria Department of Community and Human Services 02/04/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i) and finding that termination was in child’s best interests
1512184 Lisa Brewer v. Springfield Toyota and VADA Group Self-Insurance Association 02/04/2020
Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider her arguments
1624193 Monica Marie Fritz v. Brian Joseph Fritz 02/04/2020
Trial court did not err in dismissing appellant’s complaint that appellee breached a mediated agreement to pay child support where appellant is estopped from raising the arguments because they are inconsistent with her position in the parties’ divorce proceedings
0724194 Joel Rene Abalos v. Commonwealth of Virginia 01/28/2020
Judgment of trial court affirmed pursuant to Rule 5A:18 where record on appeal fails to show appellant raised the issue he presents on appeal to the trial court
0867194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0869194 Rahul Kishore Chaudhry v. Lisa Judith Chaudhry 01/28/2020
Trial court did not err in awarding appellee child and spousal support retroactive to the date appellee filed the complaint for divorce; trial court did not abuse its discretion in the overall awards of child support, spousal support, arrearages, and attorney’s fees or in denying appellant’s motion to reconsider
0900194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0901194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0902194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
1072193 Gerald Randolph Wall v. Giles County Department of Social Services 01/28/2020
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(2) and finding that the Department had provided appellant reasonable services
1106193 Angel Lee Parks v. Giles County Department of Social Services 01/28/2020
Trial court did not err in terminating appellant’s parental rights to two of her children under Code § 16.1-283(E)(i) and finding that termination of her parental rights was in the children’s best interests
0528194 Craig Brown and Bonnie Brown v. Prince William County Department of Social Services 01/14/2020
Trial court did not err in dismissing appellants’ appeal where the September 10, 2018 order was a final order for purposes of appealing the CHINS case and the appellants’ notice of appeal was not timely filed with regard to that order
1245192 Commonwealth of Virginia v. Warren Hampton Ferguson 01/14/2020
Trial court erred in holding this prosecution violated the constitutional protection against double jeopardy where the possession of the drugs on his person and in his home constituted two separate and distinct acts and occurred in two separate jurisdictions
1359184 Eric Fitzgerald Jones v. Commonwealth of Virginia 01/14/2020
Trial court did not err in denying appellant’s motion to suppress or denying in part appellant’s motion for stipulation; evidence was sufficient to support appellant’s conviction of possession of a firearm by a violent convicted felon
1392181 Bryan Steven Ruff v. Commonwealth of Virginia 01/14/2020
Trial court erred in revoking appellant’s suspended sentences where he had not violated the terms of probation by failing to pay restitution for a conviction where no restitution was ordered and the record failed to demonstrate why his payments made had been unreasonable based on the terms in his sentencing order
1541184 Ackeem S. Edwards v. Commonwealth of Virginia 01/14/2020
Trial court reached the correct result in declining to issue a deferred disposition under Starrs v. Commonwealth, 287 Va. 1 (2014), after making a formal, written adjudication of guilt
0954193 Charles Ray Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1-283(C)(2)
0955193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0956193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0957193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(2)
0958193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 01/07/2020
Petition for rehearing en banc granted
1592174 Ramon Antonio Kenan v. Commonwealth of Virginia 01/07/2020
Trial court did not err in finding appellant had violated the terms of his probation
0009194 Jerald Thomas McClard, s/k/a Jerold Thomas McClard, Jr. v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence proved two separate collisions with separate causations and a sufficient temporal interval between the two collisions; two convictions of hit and run affirmed
0330194 Craig Brown and Bonnie Brown v. Daniel Cerniglia and Millicent Cerniglia 12/27/2019
Trial court did not err in dismissing this appeal from the juvenile and domestic relations district court as moot where the child had turned eighteen
0414191 Ryan Stacy v. Commonwealth of Virginia 12/27/2019
Judgment of trial court affirmed where appellant’s sole assignment of error is non-reviewable as this Court has no authority to review a trial court’s sentencing guideline calculations
0488191 Christopher Partain, s/k/a Christopher J. Partain v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that appellant’s failure to appear was willful where evidence proved appellant had notice of the proceeding
0596194 Veronika R. Petrova v. Maxwell S. Leach 12/27/2019
Trial court did not abuse its discretion in ordering appellant to limited supervision with the parties’ child until appellant surrendered the child’s passport
1128194 Tameka Johnston v. City of Alexandria Department of Community and Human Services 12/27/2019
Trial court did not err in dismissing appellant’s appeals terminating her parental rights and approving the foster care goal of adoption to her children when she failed to appear at the hearing
1190184 Ronald Moya Obando v. Commonwealth of Virginia 12/27/2019
Judgment of trial court affirmed where appellant waived his objection to the admission of hearsay evidence from the police translator where he failed to object to some of the evidence in a timely fashion and also elicited evidence of his own on the same subject
1283181 Derrell Marques Harrell, s/k/a Darrell Marques Harrell v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove an agreement between appellant and the driver of the vehicle for selling heroin
1791181 Deshawn Holly, s/k/a Deshawn Leon Holly v. Commonwealth of Virginia 12/27/2019
Trial court did not err in denying appellant’s motion to suppress where, because exigent circumstances existed, the initial entry into the motel room did not violate the Fourth Amendment
1880184 Rodolfo Bustos v. Commonwealth of Virginia 12/27/2019
Trial court did not abuse its discretion in refusing to strike a potential juror for cause where the record does not show the potential juror could not be fair and impartial or in denying appellant’s amended jury instruction on geriatric parole
1887181 Andre Wilson, Jr., s/k/a Andre Darryl Wilson, Jr. v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was the perpetrator of the statutory burglary, petit larceny and obtain money by false pretenses offenses
1933184 Berry Morrow v. Commonwealth of Virginia 12/27/2019
Trial court did not err in relying on the Commonwealth’s proffer and in admitting the officer’s testimony as to results of the marijuana field test
1978181 Dorain Jerod Myers v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove the handgun in the zippered backpack on the floorboard of the front passenger seat of the vehicle appellant was driving was not in a secured container or compartment and was about appellant’s person
0346184 Galen Michael Baughman v. Commonwealth of Virginia 12/17/2019
Trial court had the authority to place appellant on probation for the rest of his life where the re suspension of a sentence after revocation of a previous suspension is a new suspension and did not abuse its discretion where that condition was reasonable; appellant’s argument regarding the probation condition restricting his internet use barred by Rule 5A:18
0594192 Hampton H. Jackson, Jr. v. Crystal N. Jackson 12/17/2019
Trial court did not err in entering orders providing for division of appellant’s pension and awarding appellee attorney’s fees; appellant’s argument challenging the classification of his pension as a marital asset barred by Rule 5A:18
0718192 David Michael Hodges v. Donna Marie Hodges 12/17/2019
No error in final decree of divorce regarding equitable distribution, spousal support or the attorney’s fee award to appellee
0777192 William R. Bowers v. Amazon.Com and American Zurich Insurance Company 12/17/2019
No error in Commission’s denial of benefits where appellant failed to prove his injury arose out of his employment
0997192 Exandrea S. Owen v. Christopher E. Owen 12/17/2019
Trial court did not err in interpreting the parties’ spousal support agreement or in reducing the amount of the spousal support payment to appellant
1117194 Kenneth Martin v. United Continental Holdings, Inc. 12/17/2019
Commission did not err in denying appellant’s claim alleging a change in condition where the record supports its finding that there was no causal relationship between appellant’s left shoulder condition and his compensable right shoulder injury
1261182 Rashard S. Cutler, s/k/a Rashard Sanders Cutler v. Commonwealth of Virginia 12/17/2019
Trial court did not abuse its discretion in refusing to admit evidence of third party guilt; error by trial court in allowing the Commonwealth to impeach its own witness harmless where the testimony was cumulative of other testimony
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 12/10/2019
Upon a Rehearing – no error in Commission’s finding that appellant had reached maximum medical improvement and sustained a 2% permanent partial disability of her left upper extremity
0310194 Jessica Nicole Baldwin v. John Denton Baldwin 12/10/2019
Trial court erred in granting appellee’s plea in bar based on a contractual waiver on a petition for a protective order
0347182 Harold Baugh, s/k/a Harold J. Baugh v. Commonwealth of Virginia 12/10/2019
Trial court did not err in setting the amount of restitution appellant was required to pay the victim as a condition of his suspended sentence
0640192 Carlene Wynn v. Department of Military Affairs/Commonwealth of Virginia 12/10/2019
Court finds appellant’s assignments of error raised on appeal waived for her failure to comply with the Rules of Court
0712194 Ricardo Howell v. Virginia Department of Social Services 12/10/2019
Trial court reached right result by sustaining the plea in bar because appellant’s notice of appeal was not physically delivered to and received by the appellee within the requisite time period
0999194 Warren D. Blatz, Jr. v. Cynthia A. Blatz 12/10/2019
Trial court did not abuse its discretion in not apportioning any of the marital debt to appellee, in awarding appellee more tangible property or in requiring appellant to bear the burden of drafting the QDRO to effect the division of funds where he possessed the information necessary for drafting the QDRO
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 12/10/2019
Trial court did not err in finding the evidence was sufficient to prove appellant possessed the firearm and the ammunition recovered from the car in which he was a passenger
1686181 Mark M. Whitaker v. Commonwealth of Virginia 12/10/2019
Trial court did not err in refusing to quash the indictments from the special grand jury; evidence for sufficient to jury to convict appellant of three counts of forgery
1823182 Christine Francis Parham, a/k/a Christine Francis Miller v. Commonwealth of Virginia 12/10/2019
No error in trial court’s finding that appellant consented to the search and that the scope of the consent extended to a search of her purse
0611193 Roy Mitchell Darby v. City of Roanoke Department of Social Services 12/03/2019
Summary affirmance – no error in trial court’s orders terminating appellant’s parental rights, approving the foster care goals, and denying his motions for custody
0349194 Samira Ait Sitahar v. Loay Al-Jawahiry 11/26/2019
Judgment of trial court regarding custody of and visitation with the parties’ child and award of attorney’s fees to appellee affirmed where appellant did not proffer her expected testimony; the trial court did not abuse its discretion in admitting evidence regarding events predating the custody order or in awarding attorney’s fees to appellee
0395194 Ernest Highsmith v. Claretha J. Highsmith 11/26/2019
Judgment of trial court affirmed where trial court had limited jurisdiction to modify its final decree to correct a legal error apparent on the face of the decree
0692194 Mohammad Sorour v. Avalon Transportation, LLC and Insurance Company of the West 11/26/2019
No error in Commission’s denial of benefits where appellant could not establish the causal connection between his injury and the conditions under which his employer required the work to be performed
0871184 Martin Warner, Jr. v. Commonwealth of Virginia 11/26/2019
Trial court did not err in denying appellant’s motion to suppress after finding the officers possessed probable cause to stop appellant and the length of the stop did not violate the Fourth Amendment; trial court did not abuse its discretion in admitting the exhibits related to the drugs recovered and the chemical analysis of those drugs
0883192 Deborah Wilson v. Hanover County Department of Social Services 11/26/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(2); appellant’s due process argument waived as appellant failed to timely file the transcript from the hearing
1364184 Anthony Dwayne Terry v. Commonwealth of Virginia 11/26/2019
Convictions of conspiracy to distribute fentanyl and conspiracy to distribute furanyl fentanyl affirmed where double jeopardy argument barred by Rule 5A:18, the failure to object to one of the instructions effected a waiver of his challenge to two other instructions, and evidence was sufficient to support both convictions
1475183 Zakaria Ismail Kronemer v. Commonwealth of Virginia 11/26/2019
No error in trial court’s finding that appellant was “detained” as contemplated by Code § 19.2 82.1 where he submitted to a show of police authority
1870183 Deborah Caldwell-Bono & Benny Bono v. State Building Code Techincal Review Board, et al. 11/26/2019
Trial court did not err in sustaining appellees’ demurrer where appellants were not aggrieved parties under VAPA regarding the Technical Review Board’s designation of their neighbors’ barn as a farm building
0007191 Aaron Louis Goldberg v. Commonwealth of Virginia 11/19/2019
Any error by trial court in admitting the results of the horizontal gaze nystagmus test harmless in light of the other overwhelming evidence of appellant’s guilt of driving under the influence, third offense within ten years
0368194 Hyunsook Highland v. Virginia Board of Nursing 11/19/2019
As appellant was not eligible for licensure under Code § 54.1-3020(A)(2), judgment of trial court affirmed except insofar as it granted a partial remand to appellee on issue of whether appellant was eligible for licensure under 18 VAC 90-19-120(A)(2)(a)
1339181 Garrett R. Salley v. Commonwealth of Virginia 11/19/2019
Trial court did not err in denying appellant’s motion to strike where the officer’s testimony and the trial court’s observation proved the officer’s service pistol was a firearm and appellant intentionally grabbed it while intending to disarm the officer
1548181 Ervin Elijah Powell v. Commonwealth of Virginia 11/19/2019
No error in trial court’s finding that evidence was sufficient to prove appellant knew the truck he was driving had been stolen
1716183 Darius Marquiese Dukes, s/k/a Darius Marquise Dukes v. Commonwealth of Virginia 11/19/2019
Trial court did not err in denying appellant’s motion to suppress where the police lawfully stopped the vehicle in which appellant was a passenger and appellant lacks standing to challenge the search of that vehicle
0227193 Kristy Marie Armstrong, n/k/a Kristy Marie Roadcap v. Adam Christopher Armstrong 11/12/2019
Judgment of trial court pertaining to child custody, visitation, grounds for divorce, and attorney’s fees affirmed
0962193 Commonwealth of Virginia v. Jared William Stanley 11/12/2019
Trial court erred in suppressing evidence discovered as a result of the May 10, 2018 search warrants
1259183 Margaret Lynn Lindow v. Commonwealth of Virginia 11/12/2019
No error in trial court’s finding that evidence proved appellant took the jewelry from the victim with the intent to permanently deprive the victim of the stolen items
1672184 Maurice Lance Duhart v. Commonwealth of Virginia 11/12/2019
Trial court did not err in finding it lacked jurisdiction to decide appellant’s motion for reconsideration of his sentence under Code § 19.2-303 where appellant had been transferred to the custody of the Department of Corrections
1695181 Martrell Dae-Shawn Beamon, s/k/a Martrell Dae Shawn Beamon v. Commonwealth of Virginia 11/12/2019
Evidence was sufficient, despite some inconsistencies in the victim’s testimony, to support appellant’s convictions; trial court did not err in denying appellant’s motion to set aside the verdict
0164191 Jupiter D. Wilson v. City of Chesapeake 11/05/2019
No error in Commission’s finding that appellant’s argument that his period of disability was incorrectly calculated is barred by principles of res judicata; Commission did not abuse its discretion in denying appellant’s motion to sanction appellee; appellant’s arguments regarding violation of his constitutional rights barred by Rule 5A:18
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 11/05/2019
Petition for rehearing granted
0338194 Carl Attebery Scott v. Fabiola Cabos Scott 11/05/2019
Trial court did not err in determining the appellant’s proportion of his separate share of the marital home or in awarding attorney’s fees to appellee
0798193 Christopher Ray Thompson v. Dale Eugene Gillespie and Patty Ann Gillespie 11/05/2019
No error in trial court’s finding that adoption was in the child’s best interests and that appellant was withholding his consent contrary to the child’s best interests
0975193 Commonwealth of Virginia v. Rasheda Ray 11/05/2019
Decision of trial court finding that the Commonwealth failed to meet its burden of proving that appellee freely and voluntarily consented to the search affirmed
1141182 Melvin Yovany Argueta-Diaz v. Commonwealth of Virginia 11/05/2019
Trial court did not err in denying appellant’s motion to suppress, in admitting into evidence gang members’ convictions and appellant’s drawings and photographs or in finding evidence was sufficient to prove appellant was a gang member and that his assault of the victim was done for the benefit of, at the direction of, or in association with a criminal street gang
1373182 Leonides Dorestal, Jr., s/k/a Leonidas Dorestal, Jr. v. Commonwealth of Virginia 11/05/2019
Evidence was sufficient to support jury’s verdict of child cruelty where it proved appellant’s discipline of the victim exceeded due moderation
1903182 Scott Russell Steggall v. Commonwealth of Virginia 11/05/2019
Trial court erred in finding evidence was sufficient to prove lascivious intent where appellant exposed himself once in a public place in the presence of a child
0849192 Commonwealth of Virginia v. Eric Tremaine Williams, Jr. 10/29/2019
Trial court erred in suppressing evidence concerning the illegal actions taken by appellee after the officers were on his property and in dismissing the indictments when the Commonwealth had the statutory right to appeal
0850192 Commonwealth of Virginia v. Donna Carol Williams 10/29/2019
Trial court erred in suppressing evidence concerning the illegal actions taken by appellee after the officers were on her property and in dismissing the indictments when the Commonwealth had the statutory right to appeal
1809183 Jonathon I. Bowerbank v. Beneen L. Bowerbank 10/29/2019
Trial court erred in failing to give appellant credit for the $86,000 payment towards his past due obligations
0259192 Tom Dawson v. County of Henrico and Virginia Association of Counties Group Self-Insurance Risk Pool 10/22/2019
No error in Commission’s decision denying appellant’s request for compensation covering home health care twenty-four hours a day, seven days a week where appellant’s treating physician did not establish that the care was necessary medical attention
0498194 Hyatt Place-Chantilly Dulles and Hyatt Corporation v. Virginia Alvarenga 10/22/2019
No error in Commission’s finding that appellee’s requested surgery was reasonable, necessary, and casually related to the work accident
0519181 Conway Spence Hyman v. Commonwealth of Virginia 10/22/2019
Trial court did not err in denying appellant’s motion to suppress where the totality of the circumstances established that the 911 caller was not an anonymous informant but a citizen informant whose reliability was evidenced by his being accountable to the police if the report was erroneous
0534193 Anthony Harris v. Danville Department of Social Services 10/22/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to his child
0863181 Malcolm Augustus Jordan v. Commonwealth of Virginia 10/22/2019
Trial court did not err in denying appellant’s motion to vacate where there was sufficient evidence of constructive possession of the drugs and firearms; appellant’s argument regarding his conviction of maintaining a common nuisance barred by Rule 5A:18
1011181 Aaron Anthony Marsh v. Commonwealth of Virginia 10/15/2019
No error in trial court’s finding that the application of Code § 19.2-268.3 in this case would not violate appellant’s Confrontation Clause rights
1117181 Lena Katherine Pullin v. Commonwealth of Virginia 10/15/2019
Trial court did not err in denying appellant’s motion to strike and set aside the verdict where the evidence was sufficient to prove appellant inflicted non-accidental injuries on the child while the child was in her care and that this conduct exposed the child to a substantial risk of serious injury
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 10/08/2019
Commission did not err in accepting the doctor’s rating in its entry of the award for permanent partial disability benefits for appellant
0686194 Corbin Moon v. Virginia Department of Social Services 10/08/2019
Summary affirmance – trial court did not err in denying appellant’s motions to remand or in finding evidence was sufficient to support appellee’s finding of a Level One finding
0991191 Hamid Tabibi v. Westminster-Canterbury on Chesapeake Bay & Eastern Alliance Insurace Company 10/08/2019
Summary affirmance – decision of Commission affirmed based on appellant’s failure to comply with the Rules of Court
0995183 James Parnell Peaks v. Commonwealth of Virginia 10/08/2019
Court does not reach appellant’s argument whether trial court erred in admitting evidence of appellant’s prior sales of methamphetamine where appellant testified to having previously sold drugs during his case-in-chief
1130193 Michael W. Falin v. Virginia Workers' Compensation Commission 10/08/2019
Summary affirmance – no error in Commission’s finding that the award of attorney’s fees in t he compromise settlement was reasonable
1189182 Gary Nathaniel Blowe, Jr. v. Commonwealth of Virginia 10/08/2019
Judgment of trial court affirmed where there were two distinct attacks on one victim and the evidence proved the injury to the other victim was significant and permanent; arguments regarding one of appellant’s double jeopardy claims and his Batson claim waived under Rule 5A:18
1525183 Herbert Snipes v. Commonwealth of Virginia 10/08/2019
Trial court did not abuse its discretion in denying appellant’s proffered self-defense instruction where there was no evidence in the record of an overt act by the victim to support the instruction
0291192 Kimberly S. Wyatt v. Roger G. Wyatt 10/01/2019
Trial court did not abuse its discretion in determining spousal support was not appropriate in this case, in awarding appellee child care costs, and in declining to award attorney’s fees to appellant
0518194 Stephanie Lee Taylor v. City of Alexandria Department of Community and Human Services 10/01/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights and approval of the foster care goals to two of her children was in the children’s best interest
0617193 Victoria Herrera v. City of Roanoke Department of Social Services 10/01/2019
Trial court did not err in denying appellant’s motion for a continuance or in terminating appellant’s parental rights to two of her children
0858194 Bashir Altamimi v. City of Alexandria Department of Community and Human Services 10/01/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights and approving the foster care goal of adoption for his child
0885181 Steven Anthony Trace v. Commonwealth of Virginia 10/01/2019
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence proved appellant’s conduct implied an assertion that appellant, a convicted felon, possessed a firearm when he confronted the victim
1113181 Hilliard Dywane Moore v. Commonwealth of Virginia 10/01/2019
Trial court did not err in imposing the five-year mandatory minimum sentence required for a conviction of possession of a firearm while in possession of a controlled substance with intent to distribute where the indictment alleged that appellant was in possession of both a firearm and controlled substances he intended to distribute and the stipulated evidence proved those facts
1458182 Walker W. Ware, IV, a/k/a W. Walker Ware, IV v. Commonwealth of Virginia 10/01/2019
Trial court erred in denying appellant’s motion to strike appellant’s embezzlement conviction where evidence did not prove money at issue was property of another entrusted to appellant and appellant’s attempt to extort conviction where the notice of intent to file a lien, the only alleged threat, was in the context of a judicial proceeding
1850182 Tammy Nicole Pittman v. Robert Wayne Pittman, III 10/01/2019
Trial court erred in failing to award appellant child support retroactively to the commencement of the proceeding as required by Code § 20-108.1
0170192 Carl Dorman v. Commonwealth of VA, Dept. of Motor Vehicles & Richard D. Holcomb, Commissioner 09/24/2019
Decision of trial court affirming DMV’s decision to deny appellant’s request to renew his license affirmed where the DMV did not violate appellant’s due process rights, appellant failed to meet his burden to prove the agency action was invalid, and the evidence supports the agency decision
0620181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court imposing as a condition of appellant’s suspended sentence that he be of good behavior for life upon release from incarceration affirmed where appellant failed to preserve his claim at trial and Rule 5A:18’s ends of justice exception does not apply
1075181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court imposing as a condition of appellant’s suspended sentence that he be of good behavior for life upon release from incarceration affirmed where appellant failed to preserve his claim at trial and Rule 5A:18’s ends of justice exception does not apply; Rule 5A:20 bars review of argument regarding trial court’s deviation from plea agreement
1076181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court revoking appellant’s suspended sentences affirmed where appellant conceded at the revocation hearing that the had violated the terms of his probation within the applicable period of good behavior; ends of justice provision of Rule 5A:18 does not apply in this case
1145182 Jaquan Markel Bland v. Commonwealth of Virginia 09/24/2019
Appellant’s argument on appeal waived under Rule 5A:18 where appellant did not make the same argument before the trial court that he raises on appeal
1877181 Jillian Pang v. Air Wisconsin Airlines and Ace American Insurance Company 09/24/2019
No error in Commission’s finding that appellant failed to prove she suffered a compensable injury or contracted an occupational disease/compensable ordinary disease of life as a result of her employment as a flight attendant
0780194 David J. Sonich v. International Business and Liberty Insurance Corporation 09/17/2019
Summary affirmance – appellant’s arguments waived for his failure to comply with Rule 5A:20
1238181 Antonio Wright v. Commonwealth of Virginia 09/17/2019
No error in trial court’s finding that evidence was sufficient to prove appellant’s 2003 conviction falls under the sexually violent offender definition and that appellant was required to register as a sexually violent offender
0327191 Commonwealth of Virginia v. Oliver Wade 09/10/2019
Trial court’s granting of bond reversed where trial court abused its discretion by either applying an inapposite presumption or failing to apply a required presumption
0523193 James Cecil Whitener, Sr. v. Pulaski County Department of Social Services 09/10/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(1)
0226193 Aldine Dove, Sr. v. Herbert Propst and Karen Sue Propst 09/03/2019
Trial court did not abuse its discretion in finding that it was in the child’s best interest to award custody to the maternal grandparents
0380194 Michael Effler v. Cardinal Logistics Management Corp. & Sedgwick Claims Management Services, Inc. 09/03/2019
Commission did not err in denying appellant’s claim for benefits where appellant did not establish what caused him to fall
0540192 Commonwealth of Virginia v. Amir Fareed Suluki 08/27/2019
Trial court erred in granting appellee’s motion to dismiss on speedy trial grounds where appellee’s failure to object amounted to acquiescence the delay would be charged against him and the prior pretrial mandate tolling period did not relieve appellee of the burden to object if the trial is scheduled beyond the 60-day mandate tolling provision
1560183 Peter Anthony DeLuca v. Tracie Ondich DeLuca 08/27/2019
Judgment of trial court affirmed except insofar as it pertains to the award of attorney’s fees to appellee where the parties’ property settlement agreement provided each party would pay their own fees
2001184 Farah Khakee v. David W. Rodenberger 08/27/2019
Judgment to trial court finding appellant in contempt for failing to pay certain sums to appellee affirmed
0500191 Commonwealth of Virginia v. Nicholas Capps 08/20/2019
Trial court erred in suppressing appellee’s statements to the officer as involuntary where the record shows there was no police coercion that produced appellee’s statements
0504193 Eugene Jeffrey McNeil v. City of Roanoke Department of Social Services 08/20/2019
Trial court did not err in terminating appellant’s rights to his child and approving the foster care goal of adoption
0255192 Carolyn Rumbaugh v. Shawn Peddicord 08/13/2019
Trial court did not err in vacating its order reinstating the matter, in denying appellant’s motions, and in holding that its order dismissing the show cause against appellee was in full force and effect
1771174 Dilshad Sabri Dosky v. Commonwealth of Virginia 08/13/2019
No reversible error in trial court’s determinations regarding the exclusion or admission of evidence, in its denial of appellant’s motions for a mistrial and for a new trial based on juror misconduct, or in its refusal to give an involuntary manslaughter instruction
1814184 Douglas A. Steinberg, Guardian Ad Litem for the Minor Children v. Nurelen Befekadu, et al. 08/13/2019
Judgment of trial court affirmed where appellant did not challenge on appeal the trial court’s dismissal on grounds of mootness and that ground alone provides a sufficient legal foundation for the trial court’s ruling
0699194 Govstrive, LLC, and Ohio Security Insurance Company v. Melvin Bethea 08/06/2019
Summary affirmance – no error in Commission’s finding that appellant’s injuries were causally related to the work accident
0017194 Bricia Roslyn Bryant v. Staybright Electric and Old Republic Insurance Company 07/30/2019
Summary affirmance – as appellant’s failure to comply with the Rules of Court is significant, Court will not consider appellant’s assignments of error
0107192 Mary Carter McConnell v. James Hoge Tyler McConnell, Jr. 07/30/2019
Judgment of trial court regarding equitable distribution and spousal support affirmed
0189181 Garrett Lamar Porter v. Commonwealth of Virginia 07/30/2019
Trial court erred in finding appellant was not seized for Fourth Amendment purposes at the time the bag containing heroin was discovered
1822183 Melissa Lephew v. Roanoke County Department of Social Services 07/30/2019
Trial court did not err in terminating appellant’s parental rights to her children after finding appellant was unable to remedy the conditions that led to the children being placed in foster care and termination was in children’s best interest
0083192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0084192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0085192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0086192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0986184 Joanna Denise Benjamin Gibson v. Commonwealth of Virginia 07/23/2019
Trial court did not err in denying appellant’s motions to strike where the evidence was sufficient to prove appellant’s convictions of contributing to the delinquency of a minor, making a false report of child abuse, and giving a false report to law enforcement
1754184 James J. Horzempa v. Barbara C. Horzempa 07/23/2019
No error in trial court’s interpretation of North Carolina law to reform the language of a provision of the parties’separation agreement to reflect the intent of the parties
1873182 Kirke F. Szawronski v. Ana L. Szawronski 07/23/2019
Error in trial court’s decision regarding the denial of appellant’s motion to modify child and spousal support where after finding a material change in circumstances the trial court did not state what it relied upon in deciding not to modify the child or spousal support
0660183 Jehohanan Jedidiah Lamp v. Commonwealth of Virginia 07/16/2019
No error in trial court’s finding that evidence was sufficient to support statutory burglary conviction; trial court erred in finding evidence established that the value of the stolen goods had a value of $200 or more
0692181 Troy James Hypolite v. Commonwealth of Virginia 07/16/2019
Trial court erred in denying appellant’s motion to strike where the evidence failed to prove appellant knowingly and intentionally possessed the cocaine found in the vehicle
0976182 Yaqub Hameed Muwakkil v. Commonwealth of Virginia 07/16/2019
Trial court did not err in denying appellant’s motion to suppress where the officer had reasonable suspicion to stop the vehicle driven by appellant after seeing a child standing up in the back seat of the vehicle
1001184 Devonty Tyrone Hall v. Commonwealth of Virginia 07/16/2019
Trial court did not err in denying appellant’s motion to suppress his statements where appellant was not in custody for Miranda purposes; any error by trial court in limiting appellant’s cross examination of victim harmless
0508181 Robert King Via, Jr. v. Commonwealth of Virginia 07/09/2019
Appellant’s argument that the trial court erred in precluding him from calling two defense witnesses at trial barred by Rule 5A:18
0723183 Douglas Dashawn Wimbush v. Commonwealth of Virginia 07/09/2019
Appellant’s conviction affirmed as evidence was sufficient as a matter of law to prove that he possessed a firearm capable of expelling a projectile by means of an explosion
1946183 Nanochemonics Holdings, LLC & Clarendon National Insurance Company v. John McKinney 07/09/2019
No error in Commission’s finding that claimant’s right knee injury was a compensable consequence of his earlier left knee injury
0801181 Benjamin Forrest Carter v. Commonwealth of Virginia 07/02/2019
Appellant’s argument regarding admissibility of preliminary hearing transcript did not meet the requirements of Rule 5A:12(c)(1)(ii); argument regarding sufficiency of the evidence waived for failure to comply with Rule 5A:20(e)
1347183 Jessica Crystal Buck v. Commonwealth of Virginia 07/02/2019
Trial court did not err in finding that venue had been properly established
1782184 Clare Morton Lehman, n/k/a Clare Morton v. Paul Clinton Lehman, Jr. 07/02/2019
Trial court erred in not awarding appellant the entire amount of attorney’s fees and costs she requested in litigation concerning enforcement of marital settlement and custody agreements
1950184 Michael Paul Jones v. Brenda J. Jones 07/02/2019
No error in trial court’s interpretation of parties’ property settlement agreement to provide that appellee was to receive one-half of the monthly disability-retirement benefits received by appellant
1961183 Norma Jean Barker v. Samuel Kenneth Barker 07/02/2019
Summary affirmance – judgment of trial court regarding final decree of divorce affirmed where the record is insufficient for review of appellant’s assignments of error
0260191 Michelle Hobson, s/k/a Michelle Sonberg-Hobson v. City of VA Beach Department of Human Services 06/25/2019
No error in trial court’s finding that termination of appellant’s parental rights to her child was in the child’s best interest
0815182 Herbert Cottrell Braxton v. Commonwealth of Virginia 06/25/2019
Appellant’s conviction of strangulation affirmed where Court is unable to reach merits of appellant’s arguments without a transcript or statement of facts; no due process or equal protection violation occurred where appellant had time to file either a statement of facts or a motion to extend the time for filing the statement of facts but failed to do so
0873184 Jorge Fernando Cortez v. Commonwealth of Virginia 06/25/2019
Judgment of trial court affirmed where appellant only assigned error to one of the trial court’s two alternative holdings
1158143 Peter Anthony DeLuca v. Tracie Ondich DeLuca 06/25/2019
As the court lacked subject matter jurisdiction to consider this appeal, its May 19, 2015 decision is void ab initio; the opinion is withdrawn, mandate vacated, and appeal dismissed
1625184 Nadia Gihar Bahta v. Mohammed Seid Mohammed 06/25/2019
Trial court erred in determining that Code § 16.1-278.19 precludes an award of attorney’s fees when a party is represented by a non-profit legal organization that does not charge for its services
1655181 Evan Sonberg v. City of Virginia Beach Department of Human Services 06/25/2019
Trial court did not err in terminating appellant’s parental rights to his child after finding that relative placement was not in the best interests of the child
1980181 Michelle Hobson, s/k/a Michelle Sonberg-Hobson v. City of VA Beach Department of Human Services 06/25/2019
Trial court did not err in approving the foster care goal of adoption and finding that relative placement was not in the best interests of the child
0896182 Tateana Acacia Wells v. Commonwealth of Virginia 06/18/2019
Trial court did not err in denying appellant’s motions to strike the eluding charge where the Commonwealth’s evidence established venue or in denying appellant’s motion to strike the second larceny charge after rejecting the applicability of the single larceny doctrine
1137182 Arien Prescott Pollard v. Commonwealth of Virginia 06/18/2019
Trial court did not err in denying appellant’s motion to strike the second larceny charge after rejecting the applicability of the single larceny doctrine
1976172 Christopher Francis Cipolla v. Commonwealth of Virginia 06/18/2019
Trial court did not abuse its discretion in refusing to strike two jurors for cause or in refusing to allow appellant’s expert’s testimony at the guilt phase of the trial
0057191 Kenny L. Patterson v. United Parcel Service and Liberty Insurance Corporation 06/11/2019
Summary affirmance – no error in Commission’s finding that appellant’s shoulder injury sustained during physical therapy was not a compensable consequence of his work-related accident
0899181 Canton Thomas John Johnson v. Commonwealth of Virginia 06/11/2019
Trial court did not err in denying appellant’s motion to suppress or in finding that evidence was sufficient to prove appellant intended to distribute the drugs he possessed
1437183 Frances Lynch v. Bedford County DSS & VA Dept. of Medical Assistance Services 06/11/2019
No error in trial court’s finding that appellant had not perfected her appeal because neither she nor her attorney signed any pleadings submitted to the circuit court
2020182 Raymond Leroy Weller v. Spotsylvania County Department of Social Services 06/11/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
0218194 Shawnade Ricquale Richardson Mason v. Stafford County Department of Social Services 06/04/2019
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights was in child’s best interest and in terminating appellant’s parental rights pursuant to Code § 16.1 283(E)(i) and in approving the foster care goal of relative placement
1317183 Amanda Lee Smith v. City of Roanoke Department of Social Services 06/04/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(B)
1674184 Rebecca Hicks v. Giant Landover, Ahold USA, Inc. and Mac Risk Management, Inc. 06/04/2019
No error in Commission’s award of permanent partial disability benefits to appellant based on a 7% impairment rating to her right lower extremity
1996184 Thomasina Light, a/k/a Eva Light v. Alexandria Department of Community and Human Services 06/04/2019
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(B)
0104192 Commonwealth of Virginia v. Arkevis L. Vinson 05/28/2019
Trial court erred in granting appellee’s motion to dismiss on speedy trial grounds where appellee waived his statutory speedy trial rights under Code § 19.2-243(4) by failing to object when the trial court set the trial date outside the speedy trial limits
1194182 Maile L. Collier v. Commonwealth of Virginia 05/28/2019
Appellant’s argument regarding sufficiency of evidence waived for her failure to comply with Rule 5A:20(e)
1866183 Nasir Sabir v. Roanoke City Department of Social Services 05/28/2019
Trial court did not err in terminating appellant’s parental rights to his child and approving the goal of adoption
1560183 Peter Anthony DeLuca v. Tracie Ondich DeLuca 05/21/2019
Judgment of trial court affirmed except insofar as it pertains to the award of attorney’s fees to appellee where the parties’ property settlement agreement provided each party would pay its own fees
1616184 Meghan Johnson v. Loudoun County Department of Social Services 05/21/2019
Appellant’s argument that trial court improperly excluded testimony from appellant’s therapist barred by Rule 5A:18; no error in trial court’s finding that evidence proved it was in best interests of children to terminate appellant’s parental rights and accept foster care plan with goal of adoption
0028184 Adrienne Mallard v. Next Day Temps Inc. and Accident Fund General Insurance Company 05/14/2019
Commission’s factual findings regarding causation and appellant’s efforts to market her residual work capacity are supported by the evidence
0099181 Tyvon Lyncurtis Smith v. Commonwealth of Virginia 05/14/2019
Judgment of trial court reversed and final judgment entered where evidence was insufficient to prove appellant communicated to the witnesses his plan for them to commit perjury or his plan to commit arson and Commonwealth failed to prove a predicate act of violence to prove a violation of Code § 18.2-46.2
0150184 Selvin Colindres Mancedo v. Commonwealth of Virginia 05/14/2019
No error in trial court’s ruling that the statements at issue were inadmissible where one was inadmissible hearsay not covered by the state-of-mind exception and one was extrinsic evidence of a collateral prior inconsistent statement
1319184 Shaneka L. Best, f/k/a Shaneka L. Montez v. Kevin D. Montez 05/14/2019
No error in trial court’s order modifying custody and visitation and awarding custody of the parties’ child to appellee and awarding visitation to appellant
1556184 Verizon Virginia Inc. and Sedgwick Claims Management Services, Inc. v. Virgil Saliard 05/14/2019
No error in Commission’s finding that appellee experienced a compensable injury arising out of and in the course of his employment and that the request medical treatment and disability were causally related to the work accident
0386181 Bernardo John Raigoza v. Commonwealth of Virginia 05/07/2019
No reversible error in trial court’s holding that the affidavit was adequate to raise the presumption in Code § 9.1-907 that appellant violated Code § 18.2-472.1, and evidence was sufficient to prove appellant failed to reregister as a sex offender
1766184 Angelique Ranghelli v. Robert Ranghelli 05/07/2019
No error in trial court’s award of child support to appellee where it awarded to the correct statutory child support amount based on an accurate calculation of appellant’s income
0424183 Grim Issac Dunithan, Jr. v. Commonwealth of Virginia 04/30/2019
No error in trial court’s finding that evidence was sufficient to find appellant took the victim’s money
1610182 Tricia Hayes v. Nobility Investments, LLC and Florida Hospitality Mutual Insurance 04/30/2019
Commission did not err in denying appellant’s claim for temporary total disability benefits where appellant’s work restrictions do not prevent her from performing her pre-injury work
1878182 Department of Motor Vehicles/Commonwealth of Virginia v. John H. Bandy 04/30/2019
No error in Commission’s finding that appellee’s injury occurred during a reasonably definite time and was a compensable injury by accident
0083184 Raymond Lamar Washington v. Commonwealth of Virginia 04/23/2019
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where appellant failed to establish a good faith basis for withdrawing the pleas or proffer evidence of a reasonable basis for contesting guilt
0382182 Dougals Leon Jones v. Commonwealth of Virginia 04/23/2019
Trial court erred in granting the motion to suppress where the folder lottery tickets in appellant’s vehicle did not give office probable cause to seize the tickets
0623181 Ryan Ray Taybron v. Commonwealth of Virginia 04/23/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the criminal agents involved in the burglary and grand larceny and conspired with others to commit the burglary of the victims’ home
0641181 Domenico O. Greene, Jr. v. Commonwealth of Virginia 04/23/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the criminal agents involved in the burglary and grand larceny and conspired with others to commit the burglary of the victims’ home
1689183 Benny Joe Dixon v. Scarlett Jean Loy Dixon 04/23/2019
Trial court did not err in classifying the parties’ farm and residence as marital property and appellee’s Tennessee property as her separate property
0409181 Timothy Michael Bush v. Commonwealth of Virginia 04/16/2019
No error in trial court’s finding that evidence was sufficient to prove appellant’s conviction of aggravated sexual battery; trial court erred in finding evidence sufficient to prove conviction of sexual battery where the touching was not accomplished by force, threats, intimidation, or ruse
0549181 Xyheir Keyonta Tate v. Commonwealth of Virginia 04/16/2019
Trial court did not err in denying appellant’s motion to strike one of the two counts of maliciously shooting into an occupied building where the unit of prosecution under Code § 18.2 279 is each separate act of shooting
1292181 Lourdes Iglesias v. QVC Suffolk Inc. and Liberty Insurance Corporation 04/16/2019
No error in Commission’s finding that the accident portion of appellant’s claim was time-barred; Commission’s error in finding the occupational disease portion of appellant’s claim was time barred harmless where Commission ultimately made determination on the merits that appellant failed to establish her condition arose out of her employment and that was unchallenged
1393181 Carolyn Blow v. York County Public Schools and Virginia Association of Counties Group 04/16/2019
Commission die not err in denying appellant’s claim for benefits where appellant did not establish a causal relationship between her accidental injury and her alleged neck pain
1569183 Heaven Wilkes Rasheed v. Roanoke City Department of Social Services 04/16/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where the record demonstrates appellant did not complete the required services and did not substantially remedy the conditions that led to the children’s placement in foster care
2006181 Commonwealth of Virginia v. Alexander Raines Peyton 04/16/2019
Trial court erred in failing to apply the good faith exception to the exclusionary rule where the affidavit contained some indicia of probable cause and a reasonable officer could have believed the search warrant was valid
0262182 Alexander Ray Thompson, s/k/a Ray Alexander Hughes v. Commonwealth of Virginia 04/09/2019
Trial court erred in finding sufficient evidence to prove forgery where appellant’s misrepresentations regarding his previous identity did not affect the genuineness or authenticity of the DMV applications and the evidence did not prove appellant used a false or fictitious name
0412184 Michael Scott Cockrell v. Commonwealth of Virginia 04/09/2019
Trial court erred in sentencing appellant to more than thirty days of confinement where no assessment under Code § 16.1-284.1(A) was completed
0990184 Farah Khakee v. David W. Rodenberger 04/09/2019
Trial court erred in dismissing appellant’s motion to modify child support before entering an order compelling her to remedy her unsatisfactory discovery responses and in awarding attorney’s fees to appellee
1108184 Tahmina Begum v. Shaheen M. Shakhawat 04/09/2019
Trial court applied the correct standard in reviewing appellant’s motion to set aside the divorce decree under Code § 8.01-428(D); no error in trial court’s finding that appellant failed to prove appellee committed fraud on the court
1462184 Snelling Staffing/Chesapeake & Ace American Insurance Company v. Vincent Edwards 04/09/2019
No error in Commission’s finding that appellee established that his injury arose out of his employment and that he is entitled to compensation for his work-related injury
1536184 Nely Margarita Bonillas de Cordon v. Fairfax County Department of Family Services 04/09/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the goal of adoption
1709172 Kristopher Lavalliere v. Commonwealth of Virginia 04/09/2019
No error in trial court’s finding that evidence proved evidence of an agreement where another furthered, promoted or cooperated in appellant’s illegal venture to distribute heroin
1828184 Carlos Francisco Cordon Rivas, Sr. v. Fairfax County Department of Family Services 04/09/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children and approving the goal of adoption
0465182 Charles Jonathan Beane v. Commonwealth of Virginia 04/02/2019
Judgment of trial court affirmed where appellant’s argument is waived for his failure to provide supporting legal authority as required by Rule 5A:20(e)
0569182 Michael Hudson, s/k/a Michael Derik Hudson v. Commonwealth of Virginia 04/02/2019
Trial court did not err in allowing the medical examiner’s report and testimony regarding references to an assault involving manual strangulation
1834184 Silvia Munoz, f/k/a Silvia Munoz Quinones v. Alvaro Quinones 04/02/2019
Summary affirmance – order of trial court regarding custody and visitation affirmed
0156182 Richard Alvin Hendrick v. Commonwealth of Virginia 03/26/2019
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to search appellant based on the odor of marijuana emanating from his person, his admittance he smoked marijuana, the alert on the police system that appellant was likely armed, and his furtive movements and nervous behavior
0764181 Octavious Person, a/k/a Octavius Person v. City of Norfolk Department of Human Services 03/26/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellee’s efforts to communicate with appellant and rehabilitate his relationship with the child were reasonable and appropriate
1065182 Jennifer Dawn White v. City of Hopewell Department of Social Services 03/26/2019
Trial court’s findings of abuse and neglect termination of appellant’s parental rights to her children affirmed
1372182 Jennifer Dawn White v. City of Hopewell Department of Social Services 03/26/2019
Trial court’s findings of abuse and neglect termination of appellant’s parental rights to her children affirmed
1545182 Karen Preston v. Franklin Co. Public Schools & School Systems of VA Group Self-Insurance Association 03/26/2019
Commission did not err in denying appellant’s claim for benefits where appellant did not establish a mechanical or structural change to her brain and thus did not carry her burden of proving an injury by accident
1754171 Andre Marquise Harris v. Commonwealth of Virginia 03/26/2019
Trial court did not err in denying in part appellant’s motion to suppress where the police did not use coercive tactics to obtain appellant’s confession
0419183 Dimitric Le'dre Pritchett v. Commonwealth of Virginia 03/19/2019
No error in trial court’s finding that evidence was sufficient to prove the purse snatching was accomplished with sufficient force to support conviction of robbery where it could infer victim resisted the taking of her purse and the appellant overcame the resistance by force directed at her person
0918182 Tarsha Gerald v. Charlottesville Department of Social Services 03/19/2019
Judgment of trial court finding sufficient evidence of abuse and neglect and ordering appellant’s children to remain with their fathers affirmed
0152182 Eduardo Nicanor Mendez v. Commonwealth of Virginia 03/12/2019
Trial court erred in concluding the threats appellant made related to an enumerated felony, necessary for convictions under Code § 18.2-460(C); remanded to trial court for retrial for violations of Code § 18.2-460(B)
0470183 Furqan Abdulaziz Shabazz v. Commonwealth of Virginia 03/12/2019
Trial court did not err in finding evidence was sufficient to convict appellant of committing petit larceny and for burglarizing the victim’s home with larcenous intent
0811183 Loren Hunt v. City of Roanoke Department of Social Services 03/12/2019
Trial court did not err in terminating appellant’s parental rights to her children after finding appellant was unable to remedy substantially the condition that led to and required continuation of foster care for the children
1038183 Daniel Jason Rakes v. Teresa Renee Griggs Rakes 03/12/2019
Decision of trial court granting a fault-based divorce on constructive desertion grounds affirmed where two of appellant’s arguments are barred by Rule 5A:18 and the remaining argument does not address the actual findings of the trial court
0094182 Daphiney Francis v. Commonwealth of Virginia 03/05/2019
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the necessary criminal negligence required for a conviction of driving under the influence maiming
0311181 Lela Weiford v. City of Hampton Department of Social Services 03/05/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the foster care of adoption
0312181 Harry Lee Walker v. City of Hampton Department of Social Services 03/05/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of adoption
0469182 Marcus Antwann Atkins v. Commonwealth of Virginia 03/05/2019
No error in trial court’s finding that evidence was sufficient to conclude that appellant with intent to testify falsely gave conflicting testimony under oath as to the same matter or thing
1579183 William Bentley v. City of Roanoke Department of Social Services 03/05/2019
No error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1628172 Joseph Carroll Bush v. Commonwealth of Virginia 03/05/2019
Trial court did not err in admitting appellant’s prior redacted sentencing order into evidence showing appellant’s previous convictions despite appellant’s offer to stipulate to having been previously convicted of a violent felony
1670171 Danny Angelo Massey v. Commonwealth of Virginia 03/05/2019
Trial court erred in revoking appellant’s suspended sentence where appellant’s probation officer did not have the authority to impose the probation condition appellant allegedly violated and that condition contradicted an express term of the probation previously imposed by the trial court
0032182 Maryam Mahmoudieh v. Commonwealth of Virginia 02/26/2019
Appellant’s argument that trial court erred by refusing to answer the jury’s sua sponte question regarding the impact appellant’s conviction would have on appellant’s immigration status barred by Rule 5A:18
1289181 Chantel Ray Finch v. Commonwealth of VA, Dept. of Professional & Occupational Regulation, et al. 02/26/2019
Trial court did not err in affirming appellee’s finding that appellant was in violation of 18 VAC § 135-20-190(E)(4) by failing to obtain written consent of the seller prior to advertising for sale a specific and identifiable real estate property
1531181 City of Virginia Beach v. Nora Hamel 02/26/2019
Commission erred in finding appellee’s injury arose out of a risk of her employment
1734171 Leila Deneen Drayton v. Commonwealth of Virginia 02/26/2019
Trial court did not err in refusing to admit the two documents into evidence pursuant to the public records exception to the hearsay rule where the documents were not properly authenticated
0856182 Sandra Perry and Sterling Delbridge v. Erin Snipes 02/19/2019
Trial court did not err in awarding custody of the child to appellee where the totality of the evidence failed to rebut the presumption of awarding custody of the child to its parent
1382171 Lavonte Teko George v. Commonwealth of Virginia 02/19/2019
Trial court did not err in denying appellant’s motion to strike where the circumstantial evidence and the reasonable inferences that could be drawn from that evidence established appellant as the thief
1632172 Tom John Price v. Commonwealth of Virginia 02/19/2019
No error in trial court’s finding that evidence was sufficient to prove appellant knew or should have known that a person was injured in an accident in which appellant was involved
0518182 Roberto Brito Arrate v. Commonwealth of Virginia 02/12/2019
Trial court erred in convicting appellant of credit card forgery where a fatal variance existed between the indictment and the conduct for which appellant was convicted
0791183 Mark Lowell Gobble v. Kathryn Sue Elmore Gobble 02/12/2019
Trial court did not err in denying appellant’s motion to terminate the spousal support award where appellant failed to prove cohabitation by a preponderance of the evidence; trial court did not err in declining to award appellee attorney’s fees
1144183 Kiara Randolph v. Roanoke County Department of Social Services 02/12/2019
Trial court did not err in terminating appellant’s parental rights to her children and approving the foster care goal of adoption where appellant was unable to remedy substantially the conditions that led to the children being placed and remaining in foster care
1679172 Johnathan Reeves Robinson v. Commonwealth of Virginia 02/12/2019
Petition for rehearing en banc granted
0763181 Janay Chanel Cooke v. City of Newport News Department of Human Services 02/05/2019
Summary affirmance – trial court did not err in entering the permanency planning orders approving the goal of relative placement for appellant’s children
1134184 Jung Sun Park v. Daniel Minkyo Chong 02/05/2019
No error in trial court’s order granting appellee joint legal and sole custody of the parties’ children
1265184 Aquila Fitness Consulting Systems, Ltd. & Technology Insurance Company v. Jody A. Boudreaux 02/05/2019
No error in Commission’s finding that appellee’s left shoulder injury was caused by her right shoulder injury and was a compensable consequence of the primary injury
0279183 Trent Rashad Jones v. Commonwealth of Virginia 01/29/2019
Trial court did not err in declining to remove appellant’s attorney after concluding no disqualifying conflict existed or in requiring appellant to proceed; appellant’s argument regarding whether trial court erred in denying his request for a continuance to retain another attorney waived by appellant’s nolo contendere pleas
0281183 Trent Rashad Jones v. Commonwealth of Virginia 01/29/2019
Trial court did not err in declining to remove appellant’s attorney after concluding no disqualifying conflict existed or in requiring appellant to proceed; appellant’s argument regarding whether trial court erred in denying his request for a continuance to retain another attorney waived by appellant’s nolo contendere pleas
1037184 Richard Sparks and Jean Bishop v. Commonwealth of Virginia, et al. 01/29/2019
No error in trial court’s determination that res judicata did not apply where the document presented by appellants does not memorialize a final judgment and does not show the original petitions were disposed of by a final, valid judgment; appellants did not present supporting legal authority regarding their claim they are entitled to an offset from their child support obligation
0751182 Megan Burgess v. Paul Burgess 01/22/2019
No error in trial court’s order regarding equitable distribution and attorney’s fees
1255182 Audrey M. Baytop, f/k/a Audrey Taylor v. Wesley Taylor 01/22/2019
Summary affirmance – trial court did not err in denying and dismissing appellant’s motion for entry of a QDRO where appellant waived her rights to appellee’s retirement accounts
1340182 Commonwealth of Virginia v. Brandon Briggs 01/22/2019
Trial court did not err in granting appellee’s motion to suppress his statement made to the private prison investigator where the investigator was acting as an agent of the Commonwealth when he interrogated appellee and appellee was in custody for purposes of Miranda warnings
0427184 James Hubert Porter v. Commonwealth of Virginia 01/15/2019
Trial court did not err in admitting the out-of-court verbal statement into evidence where it was non-testimonial hearsay; any error in admitting the written statement into evidence harmless
0765183 Laurel Ansell v. Harrisonburg/Rockingham Social Services District 01/15/2019
Any error by trial court in admitting hearsay evidence harmless; no error in trial court’s findings that evidence was sufficient to prove appellant had not remedied substantially conditions causing children to be place in foster care and that termination of appellant’s parental rights was in children’s best interests
0939183 Tracy Irby v. Lifepoint Health and Safety National Casualty Corporation 01/15/2019
Appeal dismissed without prejudice where order appealed from is neither a final order nor an order adjudicating the principles of the cause
1679172 Johnathan Reeves Robinson v. Commonwealth of Virginia 01/15/2019
Trial court erred in finding evidence was sufficient to establish the force necessary to convict appellant of sexual battery
0288182 Jamica L. Giles v. Prince George County Public Schools & VML Insurance Programs 01/08/2019
No error in Commission’s finding that appellant’s claim for additional benefits was barred by the provision of the parties’ approved settlement agreement
0611184 Ashley Ross v. Fairfax County Department of Family Services 01/08/2019
Summary affirmance – no error in trial court’s finding that clear and convincing evidence supported termination of appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0628184 Michael Allen Johnson v. Fairfax County Department of Family Services 01/08/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to his child under Code § 16.1-283(C)(1) and that termination was in child’s best interests
1101171 Daniel L. Rigdon v. Commonwealth of Virginia 01/08/2019
No error in appellant’s convictions of two counts of contributing to the delinquency of a minor and one count of taking indecent liberties with a minor while in a custodial relationship; matter remanded to trial court for entry of a sentencing order consistent with the Supreme Court’s decision in Thomas v. Commonwealth, ___ Va. ___ (Oct. 18, 2018)
2013174 Renzo Martin Garcia Davila v. Commonwealth of Virginia 01/08/2019
Trial court did not err in denying appellant’s motions to strike and set aside the verdict where there was sufficient corroboration of appellant’s confession and the corpus delicti requirement was met; any error by trial court in admitting evidence of child victim’s recent complaint of sexual abuse harmless
0734182 Hampton H. Jackson, Jr. v. Crystal N. Jackson 12/26/2018
Trial court did not err in classifying property appellant purchased prior to the marriage as wholly marital where appellant’s lack of evidence prevented the trial court from determining that the property was entirely separate property without a marital share
0888181 JES Construction, LLC v. Board for Contractors, Dept. of Professional & Occupational Regulation 12/26/2018
Trial court did not err in affirming appellee and dismissing appellant’s petition where appellant was not deprived of any due process, had sufficient notice that its license could be revoked, and there was substantial evidence to support appellee’s findings; no error in trial court’s finding that appellant waived its argument regarding appellee’s failure to follow Code § 2.2-4019(A)(iii)
1004181 Katharine C. Pollard Lawson v. Joseph Lawrence Lawson 12/26/2018
Trial court’s order terminating spousal support affirmed where appellant never raised the issues in the trial court that she argued on appeal and Court finds they are waived pursuant to Rule 5A:18
1761172 Karon Markee Porter v. Commonwealth of Virginia 12/26/2018
Trial court did not err in excluding appellant’s proffered evidence where that evidence was incapable of showing the victim’s death resulted solely from medical malpractice and was collateral, irrelevant, and properly excluded from the jury’s consideration
1797174 Jimmy R. Weatherholt, Jr. v. Commonwealth of Virginia 12/26/2018
Trial court did not err in denying appellant’s motion to set aside the verdict based on the conduct of counsel where the trial court determined that appellant knowingly chose to proceed with his retained counsel in spite of her suspensions; trial court did not err in refusing to recuse itself where appellant failed to demonstrate any actual bias or prejudice
0484184 Christian Agostino Alfred Bogislav von Hassell v. Elizabeth von Hassell 12/18/2018
Trial court did not exceed its statutory authority under Code § 20-107-3 or by finding that appellant had divested himself of certain property where appellee did not prove a gift of that property
0495182 Evelyn C. Osterloh v. Virginia Department of Social Services 12/18/2018
Decision of trial court affirmed where the appellee’s termination decision is consistent with law and policy as required by Code § 2.2-3005.1(C)(iii)
0709182 Elizabeth Curtin v. Spotsylvania County Department of Social Services 12/18/2018
Summary affirmance – trial court did not err in finding that appellant’s children have been abused or neglected or in approving the foster care plans’ goal of relative placement/adoption
1286184 Arnulfo G. Garza v. Janet A. Garza 12/18/2018
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings
1543172 Maurell E. Brown v. Commonwealth of Virginia 12/18/2018
Trial court did not err in finding that appellant was not acting as an agent for the victim when he obtained the money from the victim and the victim conveyed both title and possession of the money to appellant and that appellant intended to defraud the victim
2104172 Mickey L. Rhoades v. Virginia Retirement System 12/18/2018
Trial court did not err in affirming appellee’s decision denying appellant disability retirement benefits where the evidence supported its finding that appellant was not incapacitated for the further performance of her duties as a zoning administrator/planner
0194184 Pablo Nicolas Vallejos-Ayala v. Commonwealth of Virginia 12/11/2018
Appellant’s argument that the trial court erred in imposing a no-contact with the victim provision in the final order barred by Rule 5A:18
0662181 Michael B. Eberhardt v. Kimberly A. Eberhardt 12/11/2018
Trial court did not err in dividing the escrow refund check equally between the parties or in refusing to award appellant a credit for a payment made for appellee’s attorney’s fees prior to entry of the parties’ agreement; trial court erred in dividing the Fidelity Roth IRA between the parties
0872183 James McGriff v. City of Roanoke Department of Social Services 12/11/2018
Trial court did not err in terminating appellant’s parental rights to his child where appellant had not substantially remedied the conditions that required continuation of the child’s placement in foster care
0883181 Robert Earl Smith v. City of Norfolk Department of Human Services 12/11/2018
Summarily affirmed – appellant’s failure to challenge the termination of his parental rights to his children pursuant to Code § 16.1-283(C)(1) and (E)(iii) renders moot his challenge to the termination pursuant to Code 16.1-283(C)(2)
0929182 County of Henrico & VA Association of Counties Group Self-Insurance Risk Pool v. Joan Cobb 12/11/2018
Commission did not err in finding appellee was entitled to the presumption in Code § 65.2 402(B), that Code § 65.2-402(D) did not bar application of the presumption, and that appellants failed to rebut the presumption; award of benefits affirmed
1023173 Michelle Dawn Yoder v. Commonwealth of Virginia 12/11/2018
No error in trial court’s findings that evidence was sufficient to prove appellant received notice her license was suspended on the date of the offense and that the offense was a third or subsequent violation of Code § 18.2-272 within the requisite period of time
1083183 Patrick O. Gannon v. City of Roanoke Department of Social Services 12/11/2018
Trial court did not err in terminating appellant’s parental rights to his son under Code § 16.1 283(C)(2)
0058182 Alonzo Troy Roane v. Halifax County Department of Social Services 12/04/2018
Termination of appellant’s parental rights to his child affirmed where evidence was sufficient to support termination
0132184 Curtis O'Ferrell Smalls, II v. Curtis O'Ferrell Smalls, Sr. and Sarah Lee Smalls 12/04/2018
Trial court did not abuse its discretion in refusing to recuse itself or in applying Code § 63.2 1205
0275182 Meredith Horton v. Petersburg Department of Social Services 12/04/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to her son and approve the permanent goal of adoption
0278182 Clayton Lancaster v. Petersburg Department of Social Services 12/04/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to his son and approve the permanent goal of adoption
0308184 Pankaj Merchia, M.D. v. Virginia Board of Medicine 12/04/2018
Trial court did not err in finding no error of law committed by appellee in its decision reprimanding and disciplining appellant for his conduct related to patient records
0466182 Michael J. Williams, Jr. v. Carmen B. Williams 12/04/2018
Trial court did not err in denying appellant’s continuance request, in granting appellee’s motion to strike the evidence as to appellant’s claim that the marriage was void ab initio, and in denying appellant’s motion to declare the marriage void ab initio
0531184 Curtis O'Ferrell Smalls, II v. Curtis O'Ferrell Smalls, Sr. and Sarah Lee Smalls 12/04/2018
Trial court did not err in denying appellant’s March 2, 2018 motion to stay the January 11, 2018 final order of adoption
1538172 George Trevon Watson-Scott, a/k/a George T. Watson v. Commonwealth of Virginia 12/04/2018
No error in trial court’s finding that the evidence was sufficient to support a finding of malice; trial court did not err in its application of the transferred intent doctrine
1855171 Jermica Shondal Taylor v. Commonwealth of Virginia 12/04/2018
Trial court did not err in denying appellant’s motions to strike where by presenting the victim’s check to be cashed with her name, account number, and forged signature appellant used this identifying information within the meaning of Code § 18.2-186.3
1934171 Andarion Lorenzo McInnis v. Commonwealth of Virginia 12/04/2018
Trial court did not err in admitting Facebook posts at sentencing phase of jury trial where it concluded the evidence was relevant and not unduly prejudicial; argument whether trial court erred in admitting the posts in violation of Code § 19.2-295.1 barred by Rule 5A:18
0597184 Hayat Benfaraj v. Stafford Department of Social Services 11/27/2018
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)(iv)
1115172 James Pettis, s/k/a James R. Pettis v. Commonwealth of Virginia 11/27/2018
Trial court did not err in refusing appellant’s proffered instruction where the instruction, while an accurate statement of the law, was merely duplicative and appellant was able to present his theory of the case
1152174 Brian Terrell Bolar v. Commonwealth of Virginia 11/27/2018
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence was sufficient to support conviction of use of a firearm in the commission of a felony and inconsistent verdicts do not provide a basis for reversing
0975184 Commonwealth of Virginia v. Shomari Salim Mowasi Carroll 11/20/2018
Trial court did not err in granting appellee’s motion to suppress evidence obtained after his arrest where the arrest occurred within the constitutionally protected curtilage of appellee’s residence in the absence of exigent circumstances
1017182 Commonwealth of Virginia v. Jermaine Antoine Coleman 11/20/2018
Trial court erred in granting appellee’s motion to suppress the fingerprint analysis where any taint arising from the potentially questionable police conduct was sufficiently attenuated and is not “fruit of the poisonous tree”
1488171 Teddy Leon Parker v. Commonwealth of Virginia 11/20/2018
No error in trial court’s finding that appellant was aware of the presence and character of the drugs in the bag found in plain view; trial court did not err in rejecting appellant’s hypothesis of innocence
1986174 Dion Micah Blackwell v. Commonwealth of Virginia 11/20/2018
Trial court did not err in sentencing appellant or in declining to impose probation or other alternative punishment; appellant’s argument regarding his Stet Docket offenses not preserved for appeal
0103184 Raj Marni v. Ksenija Marni 11/13/2018
Trial court did not err in granting appellee’s motion to strike where appellant failed to establish that the agreement was unconscionable
0530184 Ciara M. Vargas v. Arlington County Department of Human Services 11/13/2018
Trial court did not err in dismissing appellant’s appeals where evidence supported the finding that appellant had actual notice of the hearing and was not present at trial
1745171 Franchun Deon Hunt v. Commonwealth of Virginia 11/13/2018
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where appellant failed to establish a good-faith basis for seeking to withdraw his plea
1836171 Nathaniel Charles McCoy, Jr. v. Commonwealth of Virginia 11/13/2018
Trial court did not abuse its discretion in limiting appellant’s cross-examination of a co defendant where it was improper for the jury to hear information regarding punishment at the guilt phase of the trial
0265184 Virginia Alcoholic Beverage Control Authority v. Board of Supervisors of Fairfax County 11/06/2018
No error in trial court’s finding that appellant exceeded its authority in granting a farm winery license
0455183 Angela M. Gregory v. Pamela S. Martin 11/06/2018
Trial court applied the wrong standard when finding that appellant withheld her consent to adoption contrary to child’s best interests and erred in its consideration of appellant’s motion to amend visitation
0729181 Scot D. Cook v. Jessica H. Stewart 11/06/2018
No error in trial court’s finding that a material change of circumstances had occurred justifying a review of the prior custody order
1289171 Edward Michael Zinner v. Commonwealth of Virginia 11/06/2018
Any error by trial court in admitting expert’s testimony harmless; evidence was sufficient to prove appellant had drunk enough alcohol to affect his manner, disposition, speech, muscular movement, and behavior and to convict appellant of driving under the influence, first offense
1542171 Lamont Decarlo Booker v. Commonwealth of Virginia 11/06/2018
No error in trial court’s finding that officer had probable cause to stop and search appellant
2073171 A.A.B., a Minor v. Commonwealth of Virginia 11/06/2018
No error in convictions appealed from where trial court, in its final orders, granted appellant the relief he requested
0009183 Shirong Wu Wigley v. Richard Alan Wigley 10/30/2018
No error in trial court’s decision regarding spousal support, equitable distribution, and attorney’s fees
0141183 Adam Christopher Armstrong v. Kristy Marie Roadcap 10/30/2018
No error in trial court’s decision not to include the parties’ child in the protective order
0539184 Tereasa DeVaughn v. Fairfax County Public Schools 10/30/2018
No error in Commission’s finding that appellant failed to cure her unjustified refusal based on the evidence at the December 7, 2016 hearing
0657183 Georgia Hurst v. City of Roanoke Department of Social Services 10/30/2018
Trial court did not abuse its discretion in finding termination of appellant’s parental rights was in child’s best interest and in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B)
0727183 Crystal Santos v. Bedford County Department of Social Services 10/30/2018
Trial court did not abuse its discretion in denying appellant’s motion for a continuance where the evidence supported the trial court’s factual findings that appellant had actual notice of the hearing and did not appear
1190173 Randy D. Ross v. Commonwealth of Virginia 10/30/2018
Trial court did not abuse its discretion in the sentences imposed in the resentencing hearing where the trial court considered all the evidence
1373173 Allan Wayne Wright, Jr. v. Commonwealth of Virginia 10/30/2018
Trial court erred in finding evidence was sufficient to find appellant guilty of larceny
1656174 Joseph Francis Rosana v. Commonwealth of Virginia 10/30/2018
Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove appellant had the intent to “sexually molest, arouse, or gratify” when he touched two of the victims; sufficient evidence supported jury’s finding that appellant sexually abused two complaining witnesses and without their consent within a two-year period
1744171 Cheresa D. Young v. Commonwealth of Virginia 10/30/2018
Trial court did not abuse its discretion in allowing witness to testify despite her brief conversation with another witness; evidence was sufficient to prove appellant made false statements on her time sheets causing her employer to make fraudulent claims to Medicaid for payment
1764162 Dustin Scott Jones v. Commonwealth of Virginia 10/30/2018
Petition for rehearing en banc granted
0145184 Marissa J. Levine, M.D., MPH, etc. v. Arlington Medical Imaging, LLC and William Prominski, M.D. 10/23/2018
Trial court erred in reversing appellant and determining that appellees had sufficiently demonstrated a public need for a CT scanner
0661184 Rodell Callahan v. Rappahannock Goodwill & Pennsylvania Manufacturers Association Insurance Co. 10/23/2018
Commission did not err in denying appellant’s claim for benefits where appellees met their burden of proving appellant willfully violated a known safety rule
0732184 Hazem Garada, M.D. v. Virginia Board of Medicine 10/23/2018
No error in trial court’s finding that substantial evidence supported appellee’s decision to deny appellant’s petition for reinstatement of his medical license
0765172 Terence Lamont Collins, Jr. v. Commonwealth of Virginia 10/23/2018
Trial court did not err in denying appellant’s motion to suppress the evidence obtained from appellant’s cell phone where that evidence was admissible under the Leon good-faith exception; evidence was sufficient to support appellant’s convictions
0870173 Burdis Gene Barker, Jr. v. Commonwealth of Virginia 10/23/2018
No reversible error in trial court’s decision to admit prior conviction orders in place of appellant’s stipulation to his status as a violent felon
1250163 Timothy M. Barrett v. Valerie Jill Rhudy Minor 10/23/2018
Trial court did not err in setting the amount of attorney’s fees awarded to appellee as directed in this Court’s prior mandate
1803172 Paul Wayne Bagley v. Commonwealth of Virginia 10/23/2018
Appellant’s argument regarding “force, threat, or intimidation” waived where appellant failed to present it in his renewed motion to strike; victim’s testimony was competent, credible and sufficient for jury to find appellant guilty
0090183 Ambrosia de Jesus Martinez, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2) and approving goal of adoption
0097183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
0207173 James Clifford Tilley v. Commonwealth of Virginia 10/16/2018
Argument raised by appellant on appeal barred by Rule 5A:18 where appellant failed to preserve his challenge to the sufficiency of the evidence to support his conviction
0406182 County of Henrico & VA Association of Counties Group Self-Insurance Risk Pool v. Brooke Collawn 10/16/2018
Commission did not abuse its discretion in admitting and relying upon an expert’s opinion or in finding that appellee’s fall arose out of her employment
0578183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in approving the goal of adoption for appellant’s child
0579183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in approving the goal of adoption for appellant’s child
0580183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1064174 Sergio Ramon Zuniga Robles, a/k/a Sergio Robles v. Commonwealth of Virginia 10/16/2018
Any error by trial court in denying appellant’s proposed jury instruction harmless considering the overwhelming evidence of appellant’s guilt
1093172 Carla Wyche Lewis v. Commonwealth of Virginia 10/16/2018
Trial court did not abuse its discretion in making the restitution award where there was ample evidence to support a restitution amount of at least the amount ordered by the trial court
2026172 Joseph Maurice McFadden v. Commonwealth of Virginia 10/16/2018
Evidence was sufficient to prove appellant possessed the drugs found in his pocket; appellant’s argument that evidence was insufficient to prove he knowingly possessed the drugs waived under Rule 5A:18
0286181 Rodger Leroy Willett, Jr. v. Stacie Renee Lee, f/k/a Stacie Renee Willett 10/09/2018
Trial court did not err in denying appellant’s motion for a new order or leave to appeal
0309182 Canada Dry Potomac Corporation & Indemnity Insurance Company of North America v. William Anderson 10/09/2018
No error in Commission’s finding that appellants were responsible for paying for prescription medications and care provided by Dr. Bonner to appellee for specified time periods as they were reasonable, necessary, and causally related to his work injury
0510183 Shatarra Lea Dawson v. City of Roanoke Department of Social Services 10/09/2018
Trial court did not err in terminating appellant’s parental rights to three of her children pursuant to Code § 16.1-283(C)(2)
0636184 Claude J. Mailloux v. America Transportation and Uninsured Employer's Fund 10/09/2018
Commission did not err in denying appellant’s claim for benefits where credible evidence supports a finding that appellant’s willful violation of his employer’s rule and the statutory requirement to wear a seatbelt proximately caused his injuries
0696184 America Transportation v. Claude Mailloux 10/09/2018
Commission did not abuse its discretion in imposing a $25,000 fine on appellant for failure to maintain workers’ compensation insurance
1084172 William Morris Harris v. Commonwealth of Virginia 10/09/2018
Evidence was sufficient for jury to conclude appellant had constructive possession of the shotgun; trial court did not err in denying appellant’s motion to strike and evidence was sufficient for jury to convict appellant of use of a firearm in commission of robbery where it acquitted him of the underlying robbery charge
1325171 Todd Patrick Weathersby v. Commonwealth of Virginia 10/09/2018
Trial court erred in denying appellant’s motion to suppress where officer had a reasonable basis for frisking appellant but lacked probable cause to remove the glass tube from appellant’s pocket
1408172 Mandingo Lamont Haywood v. Commonwealth of Virginia 10/09/2018
Appellant’s arguments regarding probable cause to arrest barred by Rule 5A:18; trial court did not err in finding the drug dog sufficiently reliable or in finding the dog’s alerts did not constitute searches for Fourth Amendment purposes
2061172 Mark L. Parham v. Tammy Jo Parham 10/09/2018
Trial court did not err in determining appellant was voluntarily underemployed and imputing income to him on that basis
0068184 Robert L. Ayers v. Linda T. Ayers 10/02/2018
No error in trial court’s interpretation of the “asset’s value” as referring to proceeds from the sale of the marital home after all costs have been deducted which is consistent with the language in the agreements of the parties
0120182 Ted Williams v. Lowe's Home Centers, Inc./Lowe's Home Centers, LLC 10/02/2018
No error in Commission’s finding that appellant failed to meet his burden to prove the need for surgery and ongoing medical treatment was causally related to his 2013 work injury
0325184 Stuart Chung v. Stephanie Chung, n/k/a Stephanie Fitzgerald 10/02/2018
Trial court erred in awarding appellee spousal support where it was without authority to do so with no valid pleading requesting it once the trial court struck appellee’s complaint
0632172 Alan L. Lewis, s/k/a Alan Leon Lewis v. Commonwealth of Virginia 10/02/2018
No error in trial court’s finding that appellant’s statutory and constitutional speedy trial rights were not violated where appellant did not timely object to the continuance and agreed to the new trial date before objecting to the continuance
0937171 Joshua Rodrigus Wood v. Commonwealth of Virginia 10/02/2018
Trial court did not abuse its discretion in admitting text messages received on appellant’s phone the morning of the homicide; trial court did not err in refusing to set aside the jury’s verdict
1173172 Alan L. Lewis, s/k/a Alan Leon Lewis v. Commonwealth of Virginia 10/02/2018
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and imposing all the remaining time
1322171 Kevin Antoine Thomas v. Commonwealth of Virginia 10/02/2018
Trial court did not err in denying appellant’s motion to strike where evidence proved appellant had constructive possession of firearm; any error by trial court in sustaining Commonwealth’s objection and limiting appellant’s cross-examination harmless
1489171 David W. Willis v. Lori C. Willis 10/02/2018
Judgment of trial court affirmed where appellant failed to file transcripts or a statement of facts necessary to permit resolution of issues raised on appeal
1764162 Dustin Scott Jones v. Commonwealth of Virginia 10/02/2018
Trial court erred in finding evidence was sufficient where it did not prove the requisite overt act to prove attempted robbery; as evidence was insufficient to prove attempted robbery, the use of a firearm conviction fails
0506183 Jacques Adam Beim v. Roanoke County Department of Social Services 09/25/2018
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
0517181 David Daggett v. Old Dominion University/Commonwealth of Virginia 09/25/2018
No error in Commission’s finding that appellant failed to prove his injuries resulted from an identifiable incident or sudden precipitating event and thus failed to prove he suffered a compensable injury by accident
0521183 Robyn Sanette Musolff v. Roanoke County Department of Social Services 09/25/2018
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0592181 Kamco Building Supply Corporation and PA Lumbermen's Mutual Insurance Company v. Eric Heard 09/25/2018
No error in Commission’s finding that appellee was entitled to permanent total disability benefits
0977172 Jerelyn Aymarie Sutter v. Commonwealth of Virginia 09/25/2018
Trial court did not err in instructing the jury; evidence was sufficient to convict appellant of animal cruelty and the malicious killing of the pig of another
1315171 Chaise Colwell Darley v. Commonwealth of Virginia 09/25/2018
Trial court erred in failing to strike the evidence of petit larceny where the evidence was insufficient to convict because the fingerprint evidence was not coupled with other circumstances tending to exclude the possibility that the fingerprint was impressed at a time other than that of the crime
1579171 Calvin Eugene Clark, Jr. v. Commonwealth of Virginia 09/25/2018
No error in trial court’s finding evidence was sufficient to prove appellant’s identity as the person who committed the offenses and to prove appellant conspired with another to commit grand larceny
1525172 Valerie Michelle Green v. Halifax County Department of Social Services 09/18/2018
Summary affirmance – appellant’s failure to challenge termination of her parental rights to her child under Code § 16.1-283(E)(i) renders moot her claims regarding termination of her parental rights under Code § 16.1-283(B) and (C)(2)
1540172 Brian Lowery v. Halifax County Department of Social Services 09/18/2018
Summary affirmance – trial court did not err in finding it was in child’s best interest to terminate appellant’s parental rights pursuant to Code § 16.1-283(C)(1)
0551181 Commonwealth of Virginia v. Crystal Alease Johnson 09/17/2018
Trial court did not err in suppressing appellee’s statements made before the magistrate and in finding the stop of appellee’s vehicle was lawful
0594183 Commonwealth of Virginia v. David Glenn Law 09/04/2018
Trial court erred in granting motion to suppress where appellee’s original detention was concluded and subsequent discussion was a new, consensual encounter and appellee gave consent to search during that encounter
1619172 Kimberly N. Willoughby v. Albemarle County Department of Social Services 08/28/2018
Trial court did not err in terminating appellant’s parental rights to her four children
1635172 Mark Dwayne Bishop v. Albemarle County Department of Social Services 08/28/2018
Trial court did not err in terminating appellant’s parental rights to his child
1942172 Robert London v. Virginia Department of Social Services 08/28/2018
Trial court did not err in finding evidence was sufficient to support the hearing officer’s decision or in denying appellant’s motion to enter new evidence
0555181 Commonwealth of Virginia v. Lorenzo Eugene Gholson 08/21/2018
Trial court did not err in suppressing appellee’s statements and evidence seized where record is devoid of sufficient evidence to establish probable cause that appellee ever possessed the drugs found in the home of his mother and brother
1532174 Ben Pourbabai v. Christine Pourbabai 08/21/2018
Decisions of trial court regarding equitable distribution, child custody, and visitation affirmed
1560174 Michael Civis v. Fauquier County Department of Social Services 08/21/2018
Trial court did not err in finding that appellant’s child was at risk of abuse or neglect or in approving the goal of adoption
1648171 City of Virginia Beach v. The Virginia Marine Resources Commission and Philip G. Hightower 08/21/2018
Trial court did not err in affirming Virginia Marine Resource Commission’s issuance of a riparian oyster-planting lease to appellee Hightower
1726174 Saria Civis v. Fauquier County Department of Social Services 08/21/2018
Trial court’s decisions finding that appellant’s child was at risk of abuse or neglect and approving the goal of adoption affirmed
2081171 Tamena Genell Wilson v. Fitzgerald Britton 08/21/2018
Trial court did not err in terminating appellee’s child support obligation to appellant; trial court erred in finding that obligation should cease as of May 25, 2010 and matter remanded to trial court for entry of an order terminating that obligation as of November 1, 2011
0179182 Sonya Brown King v. King George Department of Social Services 08/14/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1145172 Jennifer Suzanne Scheer v. David Clark Scheer 08/14/2018
Trial court did not err in reopening the record to permit additional evidence; trial court erred in not determining the amounts owed on student loan debt as of the date of separation
1323171 Tyeisha Antoinette Thrasher v. Newport News Department of Human Services 08/14/2018
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests, appellant had been unwilling or unable to remedy the conditions leading to foster care placement, and appellee made reasonable and appropriate efforts to help appellant remedy those conditions
1384174 Courtney R. Herbert v. Guy R. Joubert 08/14/2018
Trial court did not err in calculating the marital share of the increase in value of appellee’s interest in his company
0634183 Jamie Paul Desper v. Shenandoah Valley Department of Social Services 08/07/2018
Trial court did not err in finding that DSS had complied with statutory duty to investigate placing the minor child in the care of a relative; duty was satisfied when grandmother testified at ore tenus hearing
0650171 Fred M. Coleman v. Commonwealth of Virginia 08/07/2018
Trial court did not err in finding appellant guilty of a felony because his conviction of attempted petit larceny as a third or subsequent offense qualifies as an offense “punished as larceny” subject to penalty enhancement under Code § 18.2-104
1326173 Tracy W. Willard, a/k/a Willie Tracy Willard, s/k/a Tracy Willy Willard v. Commonwealth of Virginia 08/07/2018
Trial court did not abuse its discretion by imposing a certain probation condition for an indefinite term
1707171 Cynthia M. Owens & Richard L. Owens v. City of VA Beach & State Building Code Technical Review Board 08/07/2018
Judgment affirmed as the circuit court correctly concluded that the matter was moot
1882174 Community Alternatives VA v. Cynthia B. Jones, Director, VA Dept. of Medical Assistance Services 08/07/2018
Trial court did not err in upholding appellee’s decision finding it was entitled to retract Medicaid payments based on appellant’s failure to maintain adequate documentation
1568172 Tammy T. Ware v. Sudarsan Srinivasan 07/31/2018
Trial court did not abuse its discretion in calculating the distribution of the proceeds from the sale of the marital residence
1779173 Timothy Wayne Amos v. Mary Lou Dooley Amos 07/31/2018
Trial court did not err in finding that appellant’s argument regarding the period used to calculate the portion of his pension due to appellee was a clerical error in the final decree of divorce
1817171 Scott Anthony Oberlander v. Pamela Kaye Oberlander 07/31/2018
Trial court did not abuse its discretion in its application of Code § 20-107.3 or in denying appellant’s motion to continue
2049173 Jesse Burnette v. Roanoke City Department of Social Services 07/31/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
0028173 David Miller Frizzell v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to suppress, in precluding appellant’s expert witness from testifying about appellant’s specific mental state where the proffered testimony was based upon hearsay statements, and in rejecting appellant’s proposed jury instructions
0211182 Jacob Branch v. Richmond City Department of Social Services 07/24/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
0334183 Corey Leigh Jones, Sr. v. City of Lynchburg Department of Social Services 07/24/2018
No error in trial court’s finding that termination of appellant’s parental rights was in child’s best interests
0496171 James Edward Bellamy, Jr. v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to suppress where officer had sufficient reasonable suspicion of criminal activity to detain appellant long enough to allow drug dog to confirm or allay that suspicion
0980171 Danielle Clark, a/k/a Danielle Stiff, a/k/a Danielle Slater v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence was sufficient for the jury to conclude appellant threw a rock through the victim’s window breaking it and causing injury to the victim
1081174 Chelie L. Casswell v. Commonwealth of Virginia 07/24/2018
No error in appellant’s conviction of child cruelty where the evidence was sufficient to demonstrate appellant’s conduct went beyond mere inattention and inadvertence
1302174 Tony Lynell Bost v. Commonwealth of Virginia 07/24/2018
Trial court did not err in imposing a five-year term of unsupervised probation after the trial court revoked appellant’s two previously suspended sentences
0055181 Lawrence Campbell v. Newport News Shipbuilding & Dry Dock Co. & Huntington Ingalls Industries, Inc. 07/17/2018
No error in Commission’s finding that appellant’s 1972 left wrist injury claims are barred by the applicable statute of limitations
0231173 John Wayne Smith v. Commonwealth of Virginia 07/17/2018
Trial court did not err in refusing to quash ten counts of the thirty-count indictment against appellant due to prosecutorial vindictiveness
0238172 Charles Nicholas Nordan, s/k/a Charles Nick Nordan v. Commonwealth of Virginia 07/17/2018
Trial court did not err in finding no fatal variance existed between the indictments and the evidence presented at trial, in finding appellant used corporate funds on expenses unrelated to the operation of those businesses, and in finding appellant acted with fraudulent intent as he had no reason to believe he had a legitimate claim to right to use the funds as he did
0401181 Steven Whiting v. Gloucester County Department of Social Services 07/17/2018
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his child was in child’s best interest
0615172 Ryan Oneal Davis v. Commonwealth of Virginia 07/17/2018
No reversible error in trial court’s admission of the unredacted autopsy report; trial court did not err in denying appellant’s motion to strike the evidence
1807161 Kareem Hasson Turner v. Commonwealth of Virginia 07/17/2018
No error in jury’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant was guilty of first-degree murder and use of a firearm in the commission of that murder
0031184 Mirna Rivera v. Kohl's Department Stores, Inc. and New Hampshire Insurance Company 07/10/2018
No err in the Commission’s finding that appellant failed to meet her burden to prove that she suffered within the time limitations of Code § 65.2-708 a left leg disability which was the consequences of the workplace injury
0212182 Commonwealth of Virginia v. Kenneth Darrell Jenkins 07/10/2018
Trial court erred in finding that police lacked a reasonable articulable suspicion of criminal activity to support the stop of appellee; suppression order reversed
0396174 Gerald Franklin Dodson v. Commonwealth of Virginia 07/10/2018
Appellant’s argument that the trial court erred in failing to properly instruct the jury regarding appellant’s right to not testify at his preliminary hearing barred by Rule 5A:18
0399183 Paula Daywalt v. Harrisonburg Rockingham Social Services District 07/10/2018
Summary affirmance – trial court did not err in finding that the appellee investigated possible relative placements, but none were suitable, and in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)
0486171 Sarah Elizabeth Flanders v. Commonwealth of Virginia 07/10/2018
No err in trial court’s findings that evidence was sufficient to prove criminal agency and that the convictions of felony second-degree murder and felony hit and run did not violate appellant’s constitutional protection against double jeopardy
0710173 Jerry William McCoy v. Commonwealth of Virginia 07/10/2018
Trial court did not err in denying motion to strike and motion to dismiss because the evidence was sufficient to support appellant’s convictions of aggravated sexual battery of a child and taking indecent liberties with a child
1838171 James David Everett, II v. Kathryn Jean Tawes 07/10/2018
Trial court did not err in its refusal to retroactively modify accrued pendente lite arrearages
1839171 Kathryn Jean Tawes v. James David Everett, II 07/10/2018
Trial court did not err in its determination of appellee’s income and the amount of permanent spousal support awarded to appellant
1868173 Patsy Caskey Gadpaille v. Charles Key Gadpaille 07/10/2018
Judgment of trial court regarding spousal support and reimbursement of appellee by reducing appellant’s interest in the marital share of appellee’s retirement is affirmed
1092173 Dominique Nyree Waters v. Commonwealth of Virginia 07/03/2018
No err in trial court’s finding that appellant failed to perfect appeal from JDR court to circuit court and in trial court’s denial of appellant’s motions to quash the indictments
1229173 Shannon Strother v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
1422173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1423173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1424173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1517174 Clifton Antony Grant v. Toni Gail Walters 07/03/2018
Summary affirmance – trial court did not err in denying appellant’s motion to correct the record
1780174 Juan A. Rosado Aviles v. Kerri E. Lewis 07/03/2018
Trial court erred in finding appellant in contempt, but did not err in denying appellant’s request for attorney’s fees and costs
0020183 Misty P. Watkins v. City of Roanoke Department of Social Services 06/26/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0477174 Michael Andrew Maldini v. Commonwealth of Virginia 06/26/2018
Any error by trial court in limiting appellant’s cross-examination of victim harmless given other overwhelming evidence of appellant’s guilt; trial court did not abuse its discretion regarding testimony of detective
0687154 Dorothy Elizabeth Cilwa v. Commonwealth of Virginia 06/26/2018
Upon Remand from Supreme Court – no error in revocation of appellant’s suspended sentence where circuit court had jurisdictional authority over appellant and her case when it revoked her suspended sentence
0827172 Hasaan S. Williams v. Commonwealth of Virginia 06/26/2018
No error in trial court’s finding that appellant possessed the heroin and that he intended to distribute it; appeal dismissed insofar as it pertains to conviction of possession with intent to distribute heroin on school property
1777172 Joel East Davis, II v. Charlotte County Department of Social Services 06/26/2018
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights and adoption were in child’s best interest
1959164 Donald Dravell Robinson v. Loudoun County 06/26/2018
Appellant’s conviction under Loudoun County ordinance § 654.09 affirmed where that ordinance is not unconstitutionally overbroad or vague
0352174 Robert Leigh Stoltz v. Commonwealth of Virginia 06/19/2018
Evidence was sufficient to prove appellant knew or had reason to believe that he was communicating with a minor; conviction of using a computer to solicit a minor affirmed
0831172 Carlos Camacho Garcia v. Commonwealth of Virginia 06/19/2018
No error in trial court’s finding that appellant’s convictions of felony identity theft, second offense and falsely identifying himself to a police officer did not violate appellant’s constitutional protection against double jeopardy
0131183 Commonwealth of Virginia v. Calvin Wayne Craighead 06/12/2018
Trial court erred in attributing delays caused by the absence of appellee’s initial trial attorney to the Commonwealth
0421173 Brent Ray Doss v. Commonwealth of Virginia 06/12/2018
No error in trial court’s findings that the owner of the vehicle impliedly authorized another to sign the title to the truck and that the evidence was sufficient to convict appellant of grand larceny of a motor vehicle
0687171 James McKinley Taylor v. Commonwealth of Virginia 06/12/2018
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant constructively possessed the cocaine; trial court did not render inconsistent verdicts
0989171 Ronald Lanard Malone v. Commonwealth of Virginia 06/12/2018
Trial court did not err in applying the new and distinct crime exception and in denying appellant’s motion to suppress the weapon
1447171 Virginia Department of Social Services v. Erica Betts 06/12/2018
Decision of trial court regarding the finding of level three abuse affirmed in part, reversed in part, and vacated in part
1719173 Hameen Irvin v. Roanoke County Department of Social Services 06/12/2018
Appellant’s challenge to termination of his parental rights under Code § 16.1-283(C)(2) rendered moot by his failure to challenge the termination under Code § 16.1-283(C)(1); trial court did not err in approving foster care goal of adoption
1869173 Pittsylvania County Board of Supervisors and North River Insurance Company v. Janna Hall 06/12/2018
No error in Commission’s decisions awarding appellee medical benefits and declining to appoint a disinterested physician pursuant to Code § 65.2-606
0384171 Arnold James Price, Jr. v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to dismiss where there was no violation of appellant’s statutory speedy trial rights
0780171 James Melvin Howard v. Commonwealth of Virginia 06/05/2018
No error in appellant’s convictions of possession of heroin and possession of fentanyl contained in one capsule where appellant was aware of the capsule’s presence in his pocket and knew that it contained at least one controlled substance
0888171 Jahsaad Kywan Livingston v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was guilty of abduction for pecuniary gain, conspiracy to commit abduction, and use of a firearm in the commission of abduction
1132172 Alan D. Weber v. County of Henrico 06/05/2018
Trial court did not err in finding appellant in civil contempt based on his failure to comply with orders requiring him to abate all zoning violations on his residential property and maintain compliance with the County’s zoning ordinance
1835163 Orbin Dewayne Bledsoe v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was driving on a “highway” as defined in Code § 46.2-100(ii)
1977174 Sabrina Lewis v. Covenant Holdings Group, LLC and Flagship City Insurance Company 06/05/2018
No error in Commission’s finding that appellant failed to prove her injury arose out of her employment
2068172 Commonwealth of Virginia v. Amir Fareed Suluki 06/05/2018
Trial court erred in suppressing evidence obtained during search of appellee where the appellee was lawfully handcuffed during an investigative detention and his resistance to efforts to handcuff him provided probable cause to arrest for obstruction of justice
0808172 Harry M. Williams, Jr. v. Commonwealth of Virginia 05/29/2018
Trial court erred in finding that appellant’s federal conviction under 18 U.S.C. § 922(g) was substantially similar to a violent felony offense in Virginia as defined in Code § 17.1-805; remanded to trial court for resentencing
0893171 Raymond Dorell Warren v. Commonwealth of Virginia 05/29/2018
No error in trial court’s finding that evidence was sufficient to prove appellant intended to and did obstruct the officers from performing their duties
1334172 Charles C. Pattillo, Jr. v. Alison Pattillo 05/29/2018
Trial court did not abuse its discretion in awarding spousal support to appellee notwithstanding appellee’s adultery
1508172 Sundersingh Bala v. Virginia Retirement System 05/29/2018
Trial court did not err in affirming appellee’s decision that appellant knew or should have known that he would forfeit his Workforce Transition Act credit upon returning to work with the Commonwealth
1214172 Carlos Stevenson Chambers v. Commonwealth of Virginia 05/22/2018
Evidence was sufficient to prove both a breaking and entering and grand larceny
0470174 Juan Amarndo Candelaria v. Commonwealth of Virginia 05/15/2018
Any error by trial court in admitting statements at issue harmless where statements were corroborated by and cumulative of additional competent evidence presented at trial
1364172 William Terrelle Henderson v. Brigitta Henderson 05/15/2018
Trial court erred in failing to deduct the amount of the secured debt in determining the value of one of the parties’ marital assets before distributing it between the parties
1402172 Brigitta Henderson v. William Terrelle Henderson 05/15/2018
No reversible error in those parts of trial court’s order regarding equitable distribution, child support and spousal support challenged in this appeal
0694173 Landon Conner Keith v. Commonwealth of Virginia 05/08/2018
Trial court did not abuse its discretion in ordering appellant to pay restitution for his victim’s funeral expenses
0821172 Kelly A. Dickerson v. Commonwealth of Virginia 05/08/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of nineteen counts of embezzlement
1219173 Mark Austin Martin v. Commonwealth of Virginia 05/08/2018
Trial court did not err in denying appellant’s motion to suppress
1286173 Galen Jay Moret v. Karen Elizabeth Moret 05/08/2018
No reversible error in trial court’s decision declining to reconsider appellant’s child support arrearages, awarding $1,000 per month in spousal support to appellee, and awarding an equitable distribution credit to appellee
1506172 Daniela Sternberg v. Spotsylvania County Department of Social Services 05/08/2018
Trial court erred in finding evidence was sufficient to support orders terminating appellant’s parental rights to her child and approving change in goal for the foster care plan from return home to adoption
0054172 Ryan Nicholas Smiley v. Commonwealth of Virginia 05/01/2018
Trial court did not abuse its discretion by denying appellant’s pretrial motion for the appointment of a forensic interviewer
0662171 Kashawna Jean Moore v. Commonwealth of Virginia 05/01/2018
Trial court did not err in denying appellant’s motion to dismiss where the offenses of improper driving and unlawful wounding involve different acts and different evidence was required to support each conviction
0699172 Makesha Johnson v. Commonwealth of Virginia 05/01/2018
Trial court did not err in refusing appellant’s motion for a mistrial or in refusing to give appellant’s proffered jury instruction
0721172 Debora Kay Moore v. Commonwealth of Virginia 05/01/2018
Trial court did not err in denying appellant’s motion to strike and convicting appellant of two counts of assault of a law enforcement officer where appellant’s overt acts were sufficient to establish the elements of assault were directed at both officers
0760171 Ricky Davis, s/k/a Ricky G. Davis v. Commonwealth of Virginia 05/01/2018
Appellant’s argument that the trial court erred in denying him the ability to waive the assistance of counsel at his probation revocation hearing barred by Rule 5A:18
1414171 Marvin Robert Staley, Sr. v. Olivia Delores Bryant Staley 05/01/2018
Appeal dismissed where this Court does not have jurisdiction to review a trial court’s ruling dismissing a rule to show cause
1821172 Commonwealth of Virginia v. Antonio Jermaine Spencer 05/01/2018
Trial court erred in granting the motion to suppress the firearm that was discovered as a result of a search of appellee’s person where appellee was not seized for Fourth Amendment purposes until after discovery of the marijuana and appellee’s actions constituted consent for the officer to open the pill bottle containing the marijuana
1840172 Commonwealth of Virginia v. Sarah Beth Smith 05/01/2018
Trial court erred in granting the motion to suppress where the officers obtained the marijuana and other inculpatory evidence through the unchallenged search warrant
1841172 Commonwealth of Virginia v. Clint Wayne Cockrill 05/01/2018
Trial court erred in granting the motion to suppress where the officers obtained the marijuana and other inculpatory evidence through the unchallenged search warrant
0341173 Katherine Nicole Dellis v. Commonwealth of Virginia 04/24/2018
Trial court did not err in denying appellant’s motion to dismiss where a stillborn fetus falls within the applicable statutory definition of a dead body; appellant’s conviction for concealing a dead body affirmed
0560172 John Carpenter v. Virginia Department of Social Services 04/24/2018
No error in trial court’s finding that the decision of the hearing officer was not contradictory to law
0931174 Ivan Rucker v. Alexandria Department of Community and Human Services 04/24/2018
Trial court did not err in terminating appellant’s parental rights to his child
0947171 James Antonio Fuller v. Commonwealth of Virginia 04/24/2018
No error in trial court’s finding that evidence was sufficient to prove appellant failed to provide his identifying information to the woman whose vehicle he hit; any error by trial court in refusing to admit impeachment evidence of appellant’s former attorney harmless
1671161 Stephen D. Rankin v. Commonwealth of Virginia 04/24/2018
Trial court did not abuse its discretion in refusing to allow appellant’s witness to testify as an expert or in denying appellant’s motion for a mistrial based on juror contact with a courtroom observer
1852174 Anita Shana-Nicole Simms v. Alexandria Department of Community and Human Services 04/24/2018
No reversible error in trial court’s finding that there was sufficient evidence to support termination of appellant’s parental rights to her children
0043173 Lanikki Korean Edwards v. Commonwealth of Virginia 04/17/2018
Trial court did not err in revoking appellant’s suspended sentence after the trial court entered a previous order abating her probation while she served an unrelated active term of incarceration
0048174 Eric Christian Lally v. Commonwealth of Virginia 04/17/2018
Appellant’s argument barred by Rule 5A:18 where appellant failed to object to the prosecutor’s statements at sentencing and failed to request a cautionary instruction or move for a mistrial; appellant failed to meet his burden of proof to apply ends of justice exception
0535172 Nathan Lee Shanklin v. Commonwealth of Virginia 04/17/2018
Appellant’s argument that the trial court erred by imposing a waiver of his Fourth Amendment rights as a condition of his supervised probation barred by Rule 5A:18; appellant is not entitled to the ends-of-justice exception to excuse his failure to register a contemporaneous objection
0826172 Thomas Sydney Turner v. Commonwealth of Virginia 04/17/2018
Evidence was sufficient to support a finding that appellant knowingly failed to re-register as a violent sex offender within the ninety days required
1113172 Michael J. Hill v. Brittney M. Thomas 04/17/2018
Trial court erred in sustaining appellee’s demurrer where appellant’s complaint sufficiently alleged that appellee ended their matrimonial cohabitation with the intent to desert and appellant did not need to allege facts showing his lack of consent to the desertion
1459174 Heidi Maikai Scalzott v. Todd Alan Scalzott 04/17/2018
Trial court did not abuse its discretion in denying appellant’s request for attorney’s fees
1514173 Chyna Roxanne Reed v. Roanoke City Department of Social Services 04/17/2018
No error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to her children and that termination was in children’s best interests
1658173 Paramont Coal Company Virginia, LLC & Summit Point Insurance Company v. Carson Vanover 04/17/2018
Commission did not err in its interpretation of Code § 65.2-504(A)(4), appellee sustained his evidentiary burden, and the award of permanent total disability benefits to appellee is affirmed
1919162 Rashid Hakim Holman v. Commonwealth of Virginia 04/17/2018
Appellant’s argument whether trial court erred in considering facts from a prior trial in which he was acquitted at his revocation proceeding barred by Rule 5A:18 and ends of justice exception does not apply; any error in admitting portions of the violation report harmless
0169173 Albert Henry Christy, Jr. v. Commonwealth of Virginia 04/10/2018
Evidence was sufficient to prove appellant knowingly possessed the three orphan images of child pornography on his computer
0282173 Dwayne Anthony Hairston, s/k/a Dwyne Anthony Hairston v. Commonwealth of Virginia 04/10/2018
Trial court did not abuse its discretion in admitting evidence where the evidence provided relevant, material insight into elements of the charged offenses and established a common scheme, plan or design and trial court undertook a review to balance the probative value against the prejudicial effect
0914172 Keith Wayne Alvis v. Amanda F. Thornton and Shawn B. Foster 04/10/2018
Trial court abused its discretion by denying appellant’s motion for a transportation order without ensuring appellant had the opportunity to participate in the adoption proceedings that resulted in the termination of his parental rights
0972161 Alfred Darnell Lane v. Commonwealth of Virginia 04/10/2018
No error in finding that evidence was sufficient to prove a breaking occurred
1353173 Christina Lynn Stewart v. Harrisonburg Rockingham Social Services District 04/10/2018
Trial court did not abuse its discretion in denying appellant’s motion for a continuance and finding appellant failed to prosecute her appeal from the juvenile and domestic relations district court; appellant has not shown she was prejudiced by the trial court’s denial of her motion for a continuance
1479173 Lynchburg General Hospital and Sentry Insurance Co. v. Zachary D. Foster 04/10/2018
Commission erred in awarding benefits for injuries resulting from a vasovagal syncopal episode where no credible evidence exists in the record to support a finding that appellee’s injuries were caused by a non-physical or emotional factor
1492172 Patrick McGarrity v. Emily McGarrity 04/10/2018
Judgment of trial court valuing and distributing the parties Barrios 401(k) plan affirmed
1020172 John Elmore Gibbs v. Commonwealth of Virginia 04/03/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of felony child neglect where appellant acted with reckless disregard for the life and safety of the child by leaving him alone in their apartment for almost an hour to drive to a prescheduled meeting
1044174 Philip P. Wilson v. Hana Slivka 04/03/2018
Trial court did not err in calculating appellant’s gross income, in finding appellee’s actual gross income was $1000, or in awarding attorney’s fees to appellee; as trial court did not deviate from the presumptive guidelines or impute income to appellant, no written findings were required
1070163 Vincent Earl Spinner v. Commonwealth of Virginia 04/03/2018
Trial court did not err in denying appellant’s motion to suppress statements made to the police where the Miranda warnings given to appellant effectively informed him of his constitutional rights; any error by trial court resulting from admission of jail records derived from appellant’s mental health disclosures harmless
0269171 Tamara Felicia Brown v. Commonwealth of Virginia 03/27/2018
Trial court did not abuse its discretion in denying appellant’s post-sentencing motion to withdraw her guilty pleas where appellant did not meet her burden of establishing manifest injustice resulted from her guilty pleas
0347173 Ronnie Lee Stone v. Commonwealth of Virginia 03/27/2018
Trial court did not err in finding appellant possessed a firearm in connection with his distribution of cocaine, second or subsequent offense convictions and the mandatory minimum sentence waiver under Code § 18.2-248(C) inapplicable
1114162 Natajh Munford, s/k/a Natajh Devon Munford v. Commonwealth of Virginia 03/27/2018
Trial court erred in not permitting the appellant to question the jury about the possible prejudice caused by appellant wearing jail attire
1655172 Harry Michael Moy, Jr. v. Linda Sisk Moy 03/27/2018
Trial court did not err in interpreting the parties’ separation agreement
1703164 Cecil Guy Truman v. Commonwealth of Virginia 03/27/2018
Appellant’s first assignment dismissed where it is beyond the scope of this Court’s subject matter jurisdiction; ends of justice exception does not apply to appellant’s second assignment of error and it is barred by Rule 5A:18
1971163 Mitzi Bishop Denson v. Commonwealth of Virginia 03/27/2018
Trial court did not err in denying appellant’s motion to strike the evidence of manufacturing methamphetamine where there was sufficient evidence that appellant acted as an accessory before the fact in the manufacture of the methamphetamine recovered by the officer
0240171 Bronson Anthony Cunningham v. Commonwealth of Virginia 03/20/2018
No error in trial court’s finding that evidence was sufficient to prove appellant willfully concealed merchandise
0265174 Michael Anthony Young v. Commonwealth of Virginia 03/20/2018
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where even though the Commonwealth’s discovery failures necessitated the court-ordered continuance, the trial court found the Commonwealth did not act in bad faith and the continuance was pursuant to an implied exception to Code § 19.2-243
0304171 Deviyon Marquette Nichols v. Commonwealth of Virginia 03/20/2018
Trial court did not err in denying appellant’s request to have hearing on suppression motion and jury trial on same day, in denying appellant’s motion to suppress his statements to police, and in denying his motion to dismiss on speedy trial grounds
0380174 Brian Green v. Sharon Robertson, f/k/a Sharon Green 03/20/2018
Trial court did not err in interpreting the language in the parties’ property settlement agreement incorporated in the divorce decree or in ordering reimbursement of uncovered medical expenses on behalf of the parties’ child to appellee despite not finding appellant in contempt
0479172 Harry Lionel Hunter, Jr. v. Commonwealth of Virginia 03/20/2018
Appellant’s first assignment of error barred by Rule 5A:18; trial court’s finding that evidence was sufficient to prove appellant possessed the necessary intent affirmed
0638173 Latoya Denise Jefferson v. Commonwealth of Virginia 03/20/2018
Appellant’s convictions of two counts of welfare fraud affirmed where trial court did not abuse its discretion in curtailing cross-examination, did not err in denying appellant’s motion to strike as Commonwealth’s evidence proved appellant’s benefits overpayment exceeded $200, and any error in admitting document at sentencing harmless
0913172 Tina Lynn Tolley v. Terry Lou Tolley 03/20/2018
No error in trial court’s decision to grant the adoption petition regarding appellant’s child where appellant withheld her consent to the adoption contrary to the child’s best interest
1226173 Constance Brown v. Shenandoah Valley Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(1)
1397172 Howard Allen Groffel v. New Kent Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
1427172 Lisa Marie Groffel v. New Kent Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0885172 Calvin Cardale Townes v. Commonwealth of Virginia 03/13/2018
Appellant’s argument that trial court erred by denying appellant’s request to withdraw his earlier jury waiver barred by Rule 5A:18 where appellant never presented a motion to withdraw the waiver to the trial court; evidence was sufficient to prove appellant possessed the firearm found by the police that evening near where appellant fell
0986173 Danny Lee Grizzard v. Sonny's Automotive Racing, Inc. & Sentry Insurance A Mutual Company 03/13/2018
No err in Commission’s finding that the 2011 stipulated order permitted employer to unilaterally terminate attendant care benefits upon receiving evidence that conditions justified a change in care
1019172 Diane K. Gaspa v. Thomas P. Gaspa 03/13/2018
Trial court did not abuse its discretion in admitting exhibit and using it to value appellant’s retirement accounts and awarding appellee a portion of those accounts where the answers by appellant to counsel’s questions supported conclusion that the exhibit constituted an adoptive admission
1043174 Scott R. Giambattista v. Julie A. Giambattista 03/13/2018
Trial court did not abuse its discretion in denying appellant’s motion to reduce spousal support
1167173 Ralph Curtis Moore v. Dickenson County Department of Social Services 03/13/2018
Trial court did not err by admitting a video of appellant’s arrest into evidence and the remaining arguments in the termination of parental rights case were procedurally defaulted under Rule 5A:18
0086173 Daniel Ray Essenmacher v. Lynchburg Department of Social Services 03/06/2018
Trial court did not err in approving the goal of adoption in the revised foster care plan and terminating appellant’s parental rights to his child
0087173 Daniel Ray Essenmacher v. Lynchburg Department of Social Services 03/06/2018
Trial court did not err in approving the goal of adoption in the revised foster care plan and terminating appellant’s parental rights to his child
0464171 Raynard Reginald Brown v. Commonwealth of Virginia 03/06/2018
Trial court did not err in denying appellant’s motion to set aside the verdict; as appellant did not specifically move to strike doctor’s expert opinion as inadmissible, his argument raised on appeal barred by Rule 5A:18
0609172 Carolyn Lane-Alvis v. Richmond Department of Social Services 03/06/2018
Trial court did not err in terminating appellant’s parental rights to her children
1558174 Summer Robinson v. Warren County Department of Social Services 03/06/2018
Summary affirmance – no error in orders terminating appellant’s parental rights to one of her children and approving the foster care plan’s goal of adoption for another child
1657173 Harvey Shrewsberry v. Martinsville Machine Works, Inc. & American Builders Insurance Company 03/06/2018
No error in Commission’s finding that appellant failed to establish that his injuries arose out of his employment
0165171 Kelvin Javon Watford v. Commonwealth of Virginia 02/27/2018
No reversible error in trial court’s decision to give Commonwealth’s proffered instruction defining permanent and significant impairment
0235173 Victor Clay Barringer v. Commonwealth of Virginia 02/27/2018
Appellant’s conviction of misdemeanor reckless driving reversed and dismissed where Code § 46.2-856 is inapplicable to appellant’s conduct
0514172 Daniel Soriano Avila v. Commonwealth of Virginia 02/27/2018
No error in trial court’s finding that evidence was sufficient to prove appellant exercised the requisite care and control over the victim/child; conviction of indecent liberties with a minor affirmed
1146174 John Hvozdovic v. Sarah McGuire 02/27/2018
Trial court did not err in classifying certain assets as marital property, in finding appellant committed waste of a marital asset, or in its decision regarding lay witness testimony about the rental value of the marital home
1426173 Samuel Kevin Bridge v. Samuel A. Layne and Charlotte N. Layne 02/27/2018
No error in trial court’s finding that adoption of the child by appellees was in child’s best interests and that appellant was withholding his consent contrary to child’s best interests
0292172 Derrick Lamont Colbert v. Commonwealth of Virginia 02/20/2018
No error in trial court’s finding that evidence was sufficient to prove appellant was carrying a concealed weapon about his person
0424174 Gember Bonilla v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress evidence obtained from a warrantless stop where officer had reasonable, articulable suspicion at time of stop that appellant was involved in armed robbery and officer’s actions to effectuate stop did not convert investigatory stop into a custodial arrest
0460172 Bernard Lee Dodson v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress where once appellant’s actions gave officers probable cause to believe appellant had obstructed justice or assaulted a police officer, they could lawfully arrest him and lawfully conduct a search incident to that arrest
1158174 Michael Timmons v. Lilian Mutiso 02/20/2018
Trial court did not abuse its discretion in refusing to accept into evidence the child’s therapist’s recommendation regarding child custody and in finding appellant willfully violated the May 25, 2014 custody and visitation order; contempt finding affirmed
1369174 Howard Wells v. Automotive Service Garage and Graphic Arts Mutual Insurance Co. 02/20/2018
Commission did not err in denying appellant’s requested treatment as it was not causally related to his original compensable injury, in denying appellant’s request for a change in treating physician, and in refusing to award appellant attorney’s fees and deposition costs
1749174 Elnora Moses v. Alexandria Department of Community and Human Services 02/20/2018
Summary affirmance – no error in trial court’s orders finding appellant’s child was abused or neglected, terminating her parental rights to her child, and approving the foster care plan goal of adoption
1976162 Marquis Devon Cooke v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress the victims’ identification of appellant where those identifications were not the product of an unduly suggestive procedure
0328174 Ahmed Riyadh Aloudah v. Commonwealth of Virginia 02/13/2018
Trial court did not err in admitting the result of the preliminary blood test at the suppression hearing, in denying appellant’s motion to suppress the blood test results, and in finding evidence sufficient to support conviction; any error by trial court in refusing to defer disposition harmless
0344171 Jamar Dominic Green v. Commonwealth of Virginia 02/13/2018
No error in trial court’s decisions finding evidence sufficient to support appellant’s convictions and in refusing appellant’s proffered jury instructions; trial court erred in not requiring the Commonwealth to elect which firearm offense it would prosecute
0951173 Tasheika Deshae Davis v. Lynchburg Department of Social Services 02/13/2018
No error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to her child
1321171 Sheri Reddick v. Virginia Beach Department of Human Services 02/13/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1381172 William G. Clowdis, Jr., M.D. v. Virginia Board of Medicine 02/13/2018
Trial court did not err in affirming appellee’s decision removing the stay of suspension of appellant’s medical license where appellant failed to abide by the conditions required by an order of appellee
0217172 Montrio Santos Neville v. Commonwealth of Virginia 02/06/2018
Trial court did not err in revoking appellant’s suspended sentences after jury convicted him of distribution of heroin
0400174 Jose De Leon Garcia v. Commonwealth of Virginia 02/06/2018
Trial court did not err by admitting and considering the challenged statement where the statement did not constitute inadmissible hearsay
0966173 Bettina Dorr v. Lynchburg Department of Social Services 02/06/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to her child
1131164 Timothy Irvin Mears v. Commonwealth of Virginia 02/06/2018
No reversible error in trial court’s denial of appellant’s motion for a continuance where appellant failed to prove any resulting prejudice; his claim that trial court erred by failing to order a substance abuse assessment barred by Rule 5A:18
1235172 Shemika N. Skillings, f/k/a Shemika Franks v. Booker T. Franks 02/06/2018
Summary affirmance – no error in trial court’s order denying appellant’s motion to transfer venue and finalizing a prior order finding appellant in contempt of court
1310174 Mariah Smith v. Winchester Department of Social Services 02/06/2018
Summary affirmance – trial court did not err in terminating her parental rights to her child and approving the foster care plan’s goal of adoption
1529173 Daniel Wayne Dorr, Sr. v. Lynchburg Department of Social Services 02/06/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to his child
1693162 Montrio Santos Neville v. Commonwealth of Virginia 02/06/2018
No reversible error in trial court’s decision allowing the Commonwealth to introduce evidence of appellant’s nickname of “Grim Reaper” during trial where verdict of jury on conviction of distribution of heroin would have been the same, given the overwhelming evidence of appellant’s guilt
1813161 Brandon Dominic Winder v. Commonwealth of Virginia 02/06/2018
Trial court did not err in finding collateral estoppel did not require dismissal of appellant’s perjury charges or in finding evidence sufficient to support appellant’s perjury convictions; issue alleging Commonwealth failed to corroborate its allegations of perjury with two witnesses barred by Rule 5A:18
0272171 Kenneth Davis v. City of Hampton Department of Social Services 01/30/2018
No error in trial court’s finding that it was in the children’s best interest to terminate appellant’s parental rights
0897174 Christine McKinney v. Fairfax County Department of Family Services 01/30/2018
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to comply with the requirements of Code § 16.1-283(C)(2)
1208163 Edward Leroy Marshall, Jr. v. Commonwealth of Virginia 01/30/2018
No reversible error by trial court in refusing to provide jury with his proffered jury instruction concerning a voluntary intoxication defense
1376171 Commonwealth of Virginia v. Linwood Lester Rivera 01/30/2018
Trial court did not err in granting appellee’s motion to suppress where officer briefly extended the traffic stop in a manner that violated the appellee’s Fourth Amendment rights
1818164 Ian Richard Hughes v. Commonwealth of Virginia 01/30/2018
Any error by trial court in not hearing appellant’s motion in limine as untimely filed harmless where the trial court admitted the evidence subject to that motion without objection by trial counsel; argument regarding sufficiency of evidence barred by Rule 5A:18
2125161 James L. Diggs v. Commonwealth of Virginia 01/30/2018
Trial court did not err in denying appellant’s motion to suppress his statements made to police where appellant was not subjected to custodial interrogation and his statements were voluntary; trial court did not err in finding evidence sufficient to establish victim was mentally incapacitated and appellant had to specific intent to commit rape
0628172 Carnell Carrington v. Aquatic Company and Insurance Company of the State of Pennsylvania 01/23/2018
Commission did not err in finding the two causes rule did not apply and did not reject the parties’ stipulation as to the cause of appellant’s inability to work
0918172 Shari Sims-Bernard v. Stephen P. Bernard 01/23/2018
Trial court did not err in denying appellant’s motion to amend custody and visitation or in awarding the guardian ad litem fees and costs
1104164 David Michael Schmidt v. Commonwealth of Virginia 01/23/2018
Trial court did not err in admitting an autopsy report containing a portion created by a non-testifying witness; appellant’s convictions of felony child abuse and felony murder do not violate the Double Jeopardy Clause
1452174 Commonwealth of Virginia v. Kyle Emerson Yen 01/23/2018
Judgment of trial court suppressing evidence found as a result of a search reversed where appellee validly consented to a search of his person that led to the discovery of the cocaine
1576161 Jahsen Heard v. Commonwealth of Virginia 01/23/2018
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant participated in the attempted carjacking, conspiracy to commit carjacking, and robbery
0064174 James B. Spear, Jr. v. Nawara T. Omary 01/16/2018
Trial court did not err in vacating the child support modification order from the J&DR court for lack of jurisdiction
0843174 Matthew Mills v. Virginia Department of Social Services 01/16/2018
Decision of trial court upholding the appellant’s founded disposition of level three physical neglect based on inadequate shelter affirmed
0911174 Evangelia Gonzales v. Rafael A. Gonzales 01/16/2018
Trial court did not err in interpreting the pertinent section of the parties’ property settlement agreement as entitling appellant to one-half of the marital share of appellee’s Secret Service pension after appellee’s spousal support obligation to appellant concluded and appellant was not entitled to a lump sum of the pension income appellee received while she received spousal support
1058171 City of Norfolk v. Royce Munker 01/09/2018
Commission’s decision reversed where it did not determine whether appellee’s post-Katrina relief effort was same work or process of a firefighter paramedic
1270172 Jamie Cooks, Sr. v. Albemarle County Department of Social Services 01/09/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant did not maintain contact with the child or prepare for the child’s future and it found termination was in the child’s best interest
1390162 Gregory Anthony Taylor v. Commonwealth of Virginia 01/09/2018
No error in trial court’s finding that evidence, viewed under proper standard, was sufficient to find appellant used or attempted to use a firearm or displayed a firearm in a threatening manner while committing or attempting to commit first-degree murder of the victim
0107171 Justin Dean Hedgpeth v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was driving while intoxicated and that the evidence was thus sufficient to convict appellant of felony driving on a revoked license
0405171 Justin Seth Riley v. Commonwealth of Virginia 12/27/2017
Appeal dismissed where trial court did not have jurisdiction to amend appellant’s initial plea of guilty to a conditional plea as the original final order was not suspended, modified or vacated within the twenty-one-day limit of Rule 1:1
0673173 Tonya J. Cogar, s/k/a Tonya Lopez Cogar v. Shenandoah Valley Department of Social Services 12/27/2017
No error in trial court’s finding that appellant failed to remedy the conditions which required continuation of her children’s placement in foster care; termination of her parental rights to her children affirmed
0700172 Judith A. LaBrie v. David F. LaBrie 12/27/2017
Trial court did not err in granting appellee’ motion to reduce spousal support as the motion was not barred by res judicata and appellee proved a material change in circumstances supporting modification
0939171 Daniel J. Potas v. Marcia M. Potas 12/27/2017
Trial court did not err in modifying custody and visitation of the parties’ children
1228161 Phillip Robert Brooks v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding there was no fatal variance between the indictment and the evidence adduced at trial; trial court did not err in denying appellant’s motion to strike where the witness’ testimony was sufficient to convict appellant of obtaining money by false pretenses
1242171 Daniel J. Potas v. Marcia M. Potas 12/27/2017
Appellant’s arguments waived on appeal where he did not appeal the original child support order and agreed to correction of the clerical error in that order and the amended order did not reopen the child support matter
1350172 Commonwealth of Virginia v. Luther George Berry, III 12/27/2017
Appeal dismissed where the Commonwealth’s one appeal of the suppression ruling was abandoned by the Commonwealth making this appeal not properly before the Court
1574161 Roger Brian Clarke, II, s/k/a Roger Brian Clarke, Jr. v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding that there was authority under the Code for the probation officer to impose special instructions on appellant as part of officer’s statutorily mandated responsibility
0350173 John Wilkes Trent, Sr. v. Commonwealth of Virginia 12/19/2017
No error in trial court’s finding that Commonwealth presented the necessary “slight corroboration” of appellant’s confession to support a conviction of carnal knowledge of a minor; trial court erred in entering a conviction on and sentencing appellant for a conviction of possession of a Schedule I/II drug where a motion to strike that charge was granted
0357174 Marianne Francone v. Fairfax County Public Schools 12/19/2017
No error in Commission’s decision denying appellant’s claim for coverage for a total left knee replacement
0385164 Yeily Sandoval Rios v. Fairfax County Department of Family Services 12/19/2017
Trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1 283(C)(2) as appellant did not substantially remedy the conditions leading to the child’s placement in foster care
0578174 John Michael Boone v. Rebecca Ann Boone 12/19/2017
Trial court did not err by refusing to order a modification of spousal support retroactive to the date of appellant’s involuntary retirement
0678173 Barbara Anne Keen v. Gary Ricky Barnett and Annette Barnett 12/19/2017
Trial court did not err in permitting a close relative adoption of minor child after finding adoption was in best interests of child and all applicable statutes had been complied with
0708174 Thomas Richard Ward v. Kimberlyn Maravet Baig-Ward 12/19/2017
Summary affirmance – trial court did not abuse its discretion in entering the protective order in favor of appellee and the parties’ children
0748174 Sylvia D. Ross v. Donald M. Ross 12/19/2017
Error in part in trial court’s decisions regarding spousal support and equitable distribution
0820171 Songthara Omkar, Jr. v. Teresita C. Omkar 12/19/2017
Appeal dismissed for appellant’s failure to comply with Rule 5A:20(c)
0920162 Harold Benjamin, a/k/a Darrell Bernard Stewart, a/k/a Benjamin Harold v. Commonwealth of Virginia 12/19/2017
Rulings of the trial court regarding testimony relating to contents of telephone records and statements made by appellant’s brother did not constitute reversible error
1938152 Wesley Carlton Smith v. Commonwealth of Virginia 12/19/2017
Trial court did not err in denying appellant’s motion to suppress where the photo lineup was not unduly suggestive; no error in trial court’s finding evidence was sufficient to sustain appellant’s robbery conviction of one of the victims
0019172 Patricia A. Hartman, f/k/a Patricia A. Hogg v. Oakley W. Hogg, III 12/12/2017
Trial court did not err in finding appellant in contempt of the parties’ property settlement agreement or in ordering appellant to pay her share toward the parties’ children’s education
0038171 William Anthony Smith v. Commonwealth of Virginia 12/12/2017
Trial court did not err in admitting the addendum evidence over appellant’s objection or in finding appellant violated his probation by failing to follow the special instructions for sex offenders
0569174 Shannita Jones v. Arlington County Department of Human Services 12/12/2017
Trial court did not err in terminating appellant’s parental rights to her children and approving the goals of adoption
0703174 Brian I. Davis v. Meryl R. Davis 12/12/2017
Trial court did not err in finding a material changed in circumstances warranted a reduction in spousal support to appellee
1122164 Laronn J. Ramsuer v. Commonwealth of Virginia 12/12/2017
No error in trial court’s findings that appellant was “at liberty” under Code § 18.2-67.5:2 where appellant was on postrelease supervision for a previous offense and that appellant was not entitled to further investigation or a new trial based on his proffer of juror misconduct
1265162 Thomas Reed Roberts v. Commonwealth of Virginia 12/12/2017
Trial court did not err in denying appellant’s motion to suppress where the initial encounter was not a seizure, the seizure occurred after appellant’s flight and was supported by reasonable suspicion of criminal activity, and the officer had probable cause to believe the portion of the lottery ticket in appellant’s hand contained drugs
1398174 Carlson Holdings, Inc. and Ace American Ins. Co. (Trav. Indemnity Co.) v. Sergut Tibebu 12/12/2017
Summary affirmance – Commission did not err in finding appellee proved by clear and convincing evidence that she suffered from a compensable ordinary disease of life and in awarding temporary total and temporary partial disability benefits
2102161 Donald Brian Slentz v. Commonwealth of Virginia 12/12/2017
Trial court did not err in denying appellant’s motion to suppress where trooper had a reasonable, articulable suspicion that appellant committed a traffic offense and the traffic stop did not violate appellant’s Fourth Amendment rights
0014172 Carole R. Montgomery v. John W. Montgomery 12/05/2017
Trial court erred in imputing rental income to appellant from two properties owned by a family trust; trial court did not err in imputing income to appellant, in finding appellant’s expenses had changed little since parties’ divorce, in terminating the spousal support obligation to the first hearing date, or in denying appellee’s request for attorney’s fees
0278172 David Michael Abruzzese v. Commonwealth of Virginia 12/05/2017
Appellant’s arguments raised on appeal barred by Rule 5A:18
0414172 Dean McCluster, d/b/a McCluster Construction & Auto-Owners Insurance Company v. Virgillio Baltazar 12/05/2017
No error in composition of Commission where the review panel hearing appellants’ motion to reconsider was in accordance with the law; no error in Commission’s finding that appellee sustained compensable injuries arising out of and in the course of his employment
1024174 Commonwealth of Virginia v. Dania Merlin Lemus 12/05/2017
Trial court erred in granting appellee’s motion to suppress where totality of circumstances was sufficient to determine there was a probability or substantial chance that appellee committed offense of DUI
1354141 Eliseo Granado, Jr. v. Commonwealth of Virginia 12/05/2017
Trial court did not err in denying appellant’s motion to suppress where officers had reasonable and articulable suspicion of criminal activity to continue appellant’s detention beyond concerns of disorderly conduct or that he was armed to investigate whether he was driving under the influence
1709162 Jhavar Yomont Smith v. Commonwealth of Virginia 12/05/2017
Appellant’s assertion that officer coerced him into removing straw from his watch pocket during stop barred by Rule 5A:18; trial court did not err in denying appellant’s motion to suppress
2044162 Stacey A. Wharam, f/k/a Stacey Austin v. Richard E. Austin 12/05/2017
Judgment of trial court awarding appellee child support and finding appellant in contempt for failure to comply with a previous order and awarding appellee restitution affirmed in part and reversed and remanded in part
0315174 Paul M. Pacheco v. J.P. Masonry, Inc. and Accidental Fund National Insurance Company 11/28/2017
No error in Commission’s finding that appellant failed to prove the running blade was medically necessary
0455174 Dominique Tiara Nash v. Arlington County Department of Human Services 11/28/2017
Termination of appellant’s parental rights to her child affirmed as appellant failed to comply with Rules 5A:18 and 5A:20 and failed to challenge an alternative holding supporting termination
1712162 Martonio Leon Coleman v. Commonwealth of Virginia 11/28/2017
No error in trial court’s finding that appellant was aware of the presence and character of the firearm and that it was subject to his dominion and control
1965162 Colleen Beth Higgins v. Laurie John Pearce 11/28/2017
Trial court did not err in awarding sole physical and legal custody of the parties’ minor child to appellee
0223171 April Dilaura v. Norfolk Department of Human Services 11/21/2017
Appellant’s failure to assign error to the trial court’s decision to terminate her parental rights and her failure to comply with Rule 5A:20(e) prevents this Court from addressing the termination of appellant’s parental rights to her children; even if appellant had correctly assigned error and her brief had been adequate, termination was in children’s best interest
0268171 Jahlmaar Keith Overton v. Commonwealth of Virginia 11/21/2017
Trial court erred in imposing a period of three years of good behavior for appellant’s conviction for use of a firearm in the commission of a felony where no suspended term of post-release supervision was imposed and that provision exceeded the punishment authorized by Code § 18.2-53.1
0309172 Shelby McCurnin, Jr., s/k/a Shelby F. McCurnin, Jr. v. Commonwealth of Virginia 11/21/2017
Trial judge did not abuse his discretion in denying appellant’s motion for recusal or in finding evidence was sufficient to prove appellant intentionally, rather than accidentally, filmed the victims without their consent
0311162 Thomas Bartholomew Simpson v. Commonwealth of Virginia 11/21/2017
No reversible error in trial court’s decision to admit a portion of a 911 recording in which a child’s statement is audible in the background or to admit screenshots of text messages received by the victim
1982162 Levert Alexander Cosby v. Commonwealth of Virginia 11/21/2017
Trial court erred in granting Commonwealth’s motion in limine and sustaining the Commonwealth’s objection to the witness’ testimony regarding the time appellant appeared at the courtroom on the day of his trial; conviction of felony fail to appear reversed and remanded
0065173 Lisa J. Yokshas & Scott L. Greaser v. Bristol City Department of Social Services 11/14/2017
Trial court erred in finding appellants lacked standing to file petitions for custody, a petition for adoption, and a petition for an injunction
0406174 Reginald Conrad Collard v. Patricia Ann Collins 11/14/2017
Trial court abused its discretion in awarding spousal support to appellee based on the pendente lite award and no evidence proved appellant’s income or ability to pay spousal support
0710161 Charles McKinley Washington v. Commonwealth of Virginia 11/14/2017
Revocation of appellant’s suspended sentence affirmed where appellant received his due process rights to notice and a hearing in the circuit court revocation proceeding regarding his termination from the drug treatment court program; argument appellant may have been able to assert to an entitlement to more process in the circuit court barred by Rule 5A:18
0859173 Zorija Castillo v. Catherine Bell 11/14/2017
Summary affirmance – trial court did not err in denying appellant’s petition to set aside the adoption of her two children
0937161 Lavonta Montreal Bland v. Commonwealth of Virginia 11/14/2017
No error in appellant’s convictions where he was not denied his right to a preliminary hearing on the charges for which he was convicted; appellant was not denied his statutory and constitutional right to a speedy trial
1241164 Oscar A. Rogriquez Grandados, s/k/a Oscar A. Rodriguez Granados v. Commonwealth of Virginia 11/14/2017
No error in finding that the evidence was sufficient to prove appellant had both express and implied power to direct or control the actions of the child and thus maintained a custodial or supervisory relationship over the child
1750164 Nathaniel Howard Moone, III v. Commonwealth of Virginia 11/14/2017
Appellant’s argument regarding sufficiency of the evidence to prove that the attempted robbery was accomplished by force or intimidation barred by Rule 5A:18
1894162 Rakell Kelvon Johnson v. Commonwealth of Virginia 11/14/2017
No error in trial court’s finding that evidence was sufficient to prove appellant countenanced, approved, and assisted in another’s actions and thereby aided and abetted in the carjacking
0017172 James L. Robertson v. Katisha L. Robertson 11/07/2017
Trial court erred in valuing and distributing appellant’s IRA; equitable distribution, spousal support and child support awards reversed and remanded to trial court for further consideration
0526161 Robert Christopher Ames v. Commonwealth of Virginia 11/07/2017
Trial court did not abuse its discretion in admitting testimony about appellant’s question and statement to the officers; evidence was sufficient to prove constructive possession of the firearm and marijuana and that the firearm was accessible for appellant’s immediate use
0898171 Lakeisha Dorothy Crump v. Portsmouth Department of Social Services 11/07/2017
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest
1535162 Norman Michael Roberts v. Commonwealth of Virginia 11/07/2017
Any error in admitting records from the National Precursor Log Exchange harmless where totality of the evidence established appellant’s guilt; convictions of manufacturing methamphetamine and conspiracy to manufacture methamphetamine affirmed
0472172 Holly Malone v. Dinwiddie Department of Social Services 10/31/2017
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B)
0631173 Robert Kirtley, Jr. v. Joel Cooper & Amguard Insurance Company 10/31/2017
No error in Commission’s finding that appellant was an independent contractor, not an employee, and was not entitled to an award of benefits
1089162 Teounta Ernest Lewis v. Commonwealth of Virginia 10/31/2017
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable articulable suspicion the stop the vehicle for an equipment violation
1309162 NaQuon Lee Mathis v. Commonwealth of Virginia 10/31/2017
Trial court did not err in denying appellant’s motion to suppress where the encounter between appellant and the officer remained consensual and appellant voluntarily complied with the officer’s directions and a reasonable person would have felt free to disregard the instructions or leave the scene
1641161 Timothy Dale Wadford v. Commonwealth of Virginia 10/31/2017
Trial court did not abuse its discretion in admitting a prior conviction order; evidence was sufficient to prove appellant operated a motor vehicle while intoxicated, third offense within ten years
1828161 Reggie Donnell Saunders v. Commonwealth of Virginia 10/31/2017
Convictions of two counts of possession of oxycodone with intent to distribute violate Double Jeopardy Clause; matter remanded to trial court to vacate one conviction and sentence
1852162 Thaddeus Anthony Ruane v. Cynthia Ann Ruane 10/31/2017
Trial court did not err in amending the QCO pursuant to Code § 8.01-428(B) where there was an inadvertent omission in the prior QCO that did not specify appellee was awarded the SBP
1893162 Sterling Capers, s/k/a Sterling Bernard Capers v. Commonwealth of Virginia 10/31/2017
Trial court did not err in refusing appellant’s proposed jury instruction regarding eyewitness identification, in denying appellant’s motion to strike the evidence, or in denying appellant’s motion to strike testimony of one witness
2126164 Deanna Longerbeam v. Fauquier County Department of Social Services 10/31/2017
Trial court did not err by terminating appellant’s parental rights to her children and approving the permanency plans with the goal of adoption for the children
0198172 Moffett Paving & Excavating & United Contractors of Virginia v. Donald Kelly 10/24/2017
No error in Commission’s finding that appellee continued to be disabled as a result of his work accident where appellants failed to prove appellee’s disability was no longer related to his work injury and failed to prove appellee was able to return to work
0467172 Juanita M. Washington v. Honeywell International, Inc., et al. 10/24/2017
Commission did not err in denying appellant benefits for injuries she suffered while crossing a public street that separates employer’s plant from a parking lot maintained by employer where the street appellant was crossing when she was struck was not part of employer’s premises and was not the sole and exclusive way of ingress and egress
1596161 Jordan Diangelo Champion v. Commonwealth of Virginia 10/24/2017
Trial court did not err in denying appellant’s motion to suppress his statements to the police where appellant intelligently, knowingly, and voluntarily waived his Miranda rights and appellant was not in custody for purposes of Miranda warnings during first phase of interview
0197172 Stanley Hubbard v. Cyrenne Hubbard 10/17/2017
Trial court did not err in denying appellant’s motion to amend spousal support where it determined that the change in circumstances did not warrant a modification of the spousal support award
0201173 Delos Lamont Wells, a/k/a Monty v. Commonwealth of Virginia 10/17/2017
Trial court did not err in denying appellant’s motion to suppress evidence obtained during a search of his person
1106163 Kevin Lee Dawson v. Commonwealth of Virginia 10/17/2017
No error in appellant’s conviction of driving after being declared an habitual offender where appellant failed to rebut the presumption of regularity concerning the prior adjudication
1716161 Benjamin James Madonia v. Commonwealth of Virginia 10/17/2017
Trial court did not err in denying appellant’s motion to exclude DNA evidence and the related certificates of analysis where the Commonwealth met its burden of establishing all vital links in the chain of custody; trial court did not abuse its discretion in refusing appellant’s proposed voir dire question where other questions covered the same ground as the excluded question
1838162 Tabias Dayon McClain v. Commonwealth of Virginia 10/17/2017
Trial court did not err in finding victim’s in-court identification of appellant was sufficiently reliable or in finding evidence was sufficient to convict appellant of malicious wounding and use of a firearm in commission of a felony
0127172 Marc Louis v. Spotsylvania County Department of Social Services 10/10/2017
Summary affirmance – termination of appellant’s parental rights to his child affirmed
0128172 Merley Jean Dorestal v. Spotsylvania County Department of Social Services 10/10/2017
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0887171 Jessica Gay v. Virginia Beach Department of Human Services 10/10/2017
Trial court did not err in terminating appellant’s parental rights to her children
1375163 Shebri Stacy Dillon v. Commonwealth of Virginia 10/10/2017
Trial court did not err in finding Roanoke County was an appropriate venue for appellant’s trial of uttering a forged public record which occurred at the Roanoke County courthouse located in the City of Salem
1489163 Robert Alan Novotny v. Commonwealth of Virginia 10/10/2017
Trial court did not err in denying appellant’s motion to suppress statements he made to an officer or in finding evidence was sufficient to convict appellant of involuntary manslaughter
0116171 Jay Hoon Kim v. Commonwealth of Virginia 10/03/2017
Trial court did not err in admitting appellant’s juvenile court conviction order into evidence where trial court made a factual finding that appellant was represented by counsel at the time of his juvenile court adjudicatory hearing
0303161 Chiquita Lynette Parker v. Commonwealth of Virginia 10/03/2017
Trial court did not abuse its discretion in admitting appellant’s DMV transcript into evidence
0313173 Woodrow W. Nelson v. Town of Christiansburg and Starnet Insurance Company 10/03/2017
No error in Commission’s finding that appellant’s injury did not arise out of his employment
0314172 Creative Energy Corporation of Richmond and Cincinnati Insurance Company v. Richard Howe 10/03/2017
Commission did not err in awarding benefits to appellee where credible evidence supports its finding that a causal relationship existed between appellee’s compensable left knee injury and the treatment of appellee’s right leg
0660173 Charlie Jeffreys v. The Uninsured Employer's Fund, et al. 10/03/2017
No error in Commission’s finding that appellees Historical Society and Church were not engaged in the construction business and were not appellant’s statutory or direct employers
0693173 The Uninsured Employer's Fund v. Charlie Jeffreys, et al. 10/03/2017
No error in Commission’s finding that appellees Historical Society and Church were not engaged in the construction business and were not appellant’s direct or statutory employers; matter remanded to Commission for entry of a revised order
0837163 Jake R. Jones, s/k/a Jake Robert Jones v. Commonwealth of Virginia 10/03/2017
Trial court erred in convicting appellant of interference with property rights of another where that offense is not a lesser-included offense of grand larceny
1518163 Owen Franklin Silvious v. Commonwealth of Virginia 10/03/2017
Trial court did not err in finding it had subject matter jurisdiction to act when it placed appellant on indefinite supervised probation until he completes his payment of restitution
1719161 Terry Stinnie v. Commonwealth of Virginia 10/03/2017
Trial court did not err in denying appellant’s motion to dismiss where there was no violation of appellant’s speedy trial rights
0805161 Kenneth Charles Vigil v. Commonwealth of Virginia 09/26/2017
No reversible error in appellant’s convictions of aggravated sexual battery where victim’s testimony was not inherently incredible, evidence was sufficient to support the convictions, and any error by trial court in admitting witness’ testimony that appellant did not deny the offenses was harmless
2030163 Monique Montrice Franklin v. City of Franklin Department of Social Services 09/26/2017
Trial court did not err in determining that appellee offered reasonable and appropriate services to appellant designed to remedy conditions leading to child’s placement in foster care or in refusing to give appellant additional time to manage her mental health issues with medication
0742172 Lisa M. Roessell v. David L. Bowles and Sherri J. Bowles 09/19/2017
No error in trial court’s finding that appellant withheld her consent to the adoption of her child contrary to best interests of child; order of adoption affirmed
1347162 Vernon Eggleston v. Commonwealth of Virginia 09/12/2017
Trial court erred in imposing post-release incarceration where order that sentenced appellant for underlying offenses ordered only a term of post-release supervision, not post-release confinement
1516164 James Warren Illetschko v. Jennifer Jo Illetschko 09/12/2017
Trial court did not err in declining to impute income to appellee from a second job or in denying appellant’s request for an award of attorney’s fees and costs
1145164 Bryant James Hatcher v. Renee Matthews 09/05/2017
Judgment of trial court regarding appellant’s motion to modify child support affirmed except insofar as it pertains to trial court’s calculations in child support guidelines which differed from the amount the trial court used in its letter opinion
1246162 John Edward Hardin v. Commonwealth of Virginia 09/05/2017
No error in trial court’s finding that evidence was sufficient to prove that appellant knew or should have known that his actions created a probability of serious injury and that he acted with a reckless or indifferent disregard to the rights of another; conviction of involuntary manslaughter affirmed
1344164 Pablo Jesus Lijeron v. Christian Paola Lijeron 09/05/2017
Trial court did not abuse its discretion in awarding primary physical custody of the parties’ child to appellee
1428164 Julia Selah v. William Selah 09/05/2017
No error in trial court’s finding that consent order terminated upon entry of final decree or in refusing to incorporate consent order’s support terms into final decree; trial court erred in not permitting parties to present additional evidence relevant to determination of spousal support
1636154 Umesh Kumar v. Commonwealth of Virginia 09/05/2017
Trial court did not err in denying appellant’s motion to dismiss, in denying appellant’s motion to suppress, in admitting certain exhibits notwithstanding appellant’s argument regarding chain of custody, or in denying appellant’s request for a jury instruction regarding Commonwealth’s destruction of evidence
1931161 Creichuan Garrett v. Commonwealth of Virginia 09/05/2017
Trial court did not abuse its discretion in sentencing appellant
1978161 Ramon Montrell Williams v. Commonwealth of Virginia 09/05/2017
Trial court did not abuse its discretion in sentencing appellant to active incarceration on his malicious wounding conviction
0618171 Allison Armiger v. Chesbay Distributing, LLC and Indemnity Insurance Company of America 08/29/2017
Summary affirmance – no error in Commission’s finding that appellant’s motion to reopen and vacate the petition and order settling all claims was untimely and that she failed to establish a mutual mistake of fact or other legal basis for vacating the petition and order
0654163 Charles Wilmer, s/k/a Charles Ronald Wilmer, II v. Commonwealth of Virginia 08/29/2017
Trial court erred in finding evidence sufficient to prove appellant acted willfully or with reckless disregard for his children; convictions of causing an act or omission which rendered a child neglected or abused reversed
1093163 Kenneth Edwards Hicks v. Commonwealth of Virginia 08/29/2017
Appellant’s argument regarding admission of certificate of analysis based on the lack of a search warrant barred by Rule 5A:18, any error in admitting certificate of analysis harmless where evidence was sufficient to prove appellant was driving under the influence, and trial court did not err in denying motion to strike the evidence and set aside the jury’s verdict
1324162 Jazmine N. Kersey v. Commonwealth of Virginia 08/29/2017
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest the appellant and her companion for possession of contraband and the search of the dollar bill was reasonable as incident to arrest
1541154 Ekaterina A. Chapin v. Bryan Theodore Chapin 08/29/2017
Trial court did not abuse its discretion by permitting appellee’s expert witness to testify and admitting expert’s report into evidence, in classifying certain assets as appellee’s separate property, in denying appellant’s motion for an alternative valuation date, or in refusing to award appellant additional attorney’s fees; no err in finding the prenuptial agreement was unenforceable
1862161 Jane E. Reid v. Angas W. Reid 08/29/2017
Trial court did not err in denying appellant’s motion to compel based on its interpretation of the parties’ property settlement agreement; remainder of appeal dismissed
0475164 Miguel Angel Salmeron v. Commonwealth of Virginia 08/22/2017
Appellant’s argument regarding whether questions posed to a witness were leading is barred by Rule 5A:18; evidence was sufficient for jury to conclude that appellant was guilty of abduction with intent to defile and two counts of aggravated sexual battery
1137164 Anthony Wayne Chaconas v. Commonwealth of Virginia 08/22/2017
Trial court did not err in granting the Commonwealth’s motion in limine and admitting evidence of prior crimes or bad actions
1199163 Alexander Earl Billow, s/k/a Alexander Earl Barlow v. Commonwealth of Virginia 08/22/2017
Trial court did not err in finding evidence was sufficient to prove appellant intended to deprive the victim of her personal liberty with the intent to sexually molest her
1361161 Torre A. Russell, s/k/a Torre Antwan Russell v. Commonwealth of Virginia 08/22/2017
Any error by trial court in admitting child’s statement to his father harmless where it was merely cumulative of nurse’s testimony regarding a nearly identical statement made to her; evidence was sufficient to find appellant guilty of cruelty and injury to a child
2074164 David Duane Davis v. Stafford County Department of Social Services 08/22/2017
Trial court did not err in terminating appellant’s parental rights to his children where DSS met its obligation under Code Section 16.1-283(A) and where the trial court’s best interest determination under Code Section 16.1-283 (C) was neither plainly wrong or without evidentiary support.
2120163 Gerry Axelson v. Pifer Construction, Inc., Erie Insurance Exchange, & The Uninsured Employers' Fund 08/22/2017
Commission did not err in determining that a claimant seeking statutory employee status under Code Section 65.2-302 must prove he is an employee of an uninsured subcontractor and in concluding that Code Section 65.2-101(1)(n) is the sole way in which the member of a single-member LLC can be found to be an employee.
0027174 Nicholas Maldonado v. Federal Express Corporation 08/15/2017
Commission did not err in finding appellant’s claim for permanent partial disability benefits was not timely filed as it had not been preserved by the benefits claims forms appellant had previously submitted which resulted in an award of medical benefits only
0842162 Tara Monique Thompson v. Commonwealth of Virginia 08/15/2017
Trial court erred in convicting appellant of Code § 18.2-371.1(A) where the evidence was insufficient to prove that appellant’s failure to take the child to see a medical provider actually ended up causing or permitting any additional serious injuries to the child’s health
1300164 Askia Cuff v. Commonwealth of Virginia 08/15/2017
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where it found motion was not made in good faith and appellant had not presented evidence of a reasonable defense to the charges
1537164 Jonathan & Carolyn Clark v. VA Dept of Housing & Community Dev State Building Code Technical, et al. 08/15/2017
Decision of trial court affirming appellees’ decisions regarding notice to appellants for violations of Uniform Statewide Building Code affirmed
1973163 Clinton Bradley Walker v. Campbell County Department of Social Services 08/15/2017
Trial court did not err in finding evidence was sufficient to terminate appellant’s parental rights to his child
1974163 Clinton Bradley Walker v. Campbell County Department of Social Services 08/15/2017
Trial court did not err in finding evidence was sufficient to terminate appellant’s parental rights to his child
2035162 Daniel Thornsbury v. Chesterfield-Colonial Heights Department of Social Services 08/15/2017
No error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interests and that appellant had not substantially remedied conditions that brought his children into foster care
0215174 Food/Bev Serv-Crystal City and Hyatt Corporation v. Tahssin Al-Boarab 08/08/2017
No error in Commission’s findings that appellee was totally disabled or that appellee did not unjustifiably refuse to cooperate with the vocation rehabilitation counselor
0229173 Tiffany Custis v. Harrisonburg-Rockingham Social Services District 08/08/2017
Trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest
0411173 Commonwealth of Virginia v. Amanda Collins 08/08/2017
Trial court erred in granting appellee’s motion to suppress evidence found in a backpack and shaving kit where appellee lacked standing to contest the search; trial court’s suppression of statements made before appellee waiver her Miranda rights affirmed
0437173 Daniel Lee Brooks v. Roanoke City Department of Social Services 08/08/2017
Trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(i)
0601161 Tyler Wendell Murphy v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that evidence was insufficient to support appellant’s claim of self-defense where appellant unlawfully kicked the victim and stomped on his face after he was already rendered unconscious
1297161 Howard Odell Harrod, III v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that officer had reasonable articulable suspicion to stop appellant for a traffic violation and that the other officers in no way prolonged the duration of the stop by speaking with appellant during which they developed probable cause that appellant possessed marijuana
1457162 James Jarmell Jackson v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was a criminal agent of the offenses of robbery and use of a firearm in the commission of a felony
1765162 Larry Jermaine Bell v. Commonwealth of Virginia 08/08/2017
Trial court erred in refusing to strike juror for cause
1963164 Wade Protus Phillips v. Loudoun County, Virginia 08/08/2017
No error in Commission’s finding that appellant’s unauthorized medical treatment was not compensable by appellant where evidence did not prove treatment provided by employer was inadequate or that the unauthorized treatment was medically reasonable and necessary
2075164 Sarah Swartwood-Davis v. Stafford County Department of Social Services 08/08/2017
Trial court did not err in terminating appellant’s parental rights to her oldest child where the evidence supported the finding that termination was in the child’s best interest and that appellant failed to substantially remedy the conditions leading to the child’s initial placement in foster care within twelve months
0080173 Phillip M. Tallman v. Bristol Department of Social Services 08/01/2017
No error in trial court’s termination of appellant’s parental rights to his child where it found that appellant had no substantial plan for his child’s future and that the evidence was sufficient to terminate appellant’s parental rights
0865163 Antonio Elton Hubbard v. Commonwealth of Virginia 08/01/2017
Trial court did not err in admitting order book pages into evidence as proof of appellant’s prior drug convictions or in striking a prospective juror for cause
1399161 Anderson Wright, s/k/a Anderson Jevon Wright v. City of Virginia Beach 08/01/2017
Trial court did not err in denying appellant’s motion to dismiss where the Virginia Beach disturbing the peace ordinance is not unconstitutionally vague or overbroad
1702164 Rayonda Richards v. Alexandria Department of Community & Human Services 08/01/2017
Trial court did not err in terminating appellant’s parental rights to her children where appellant did not substantially correct the conditions that led to children’s placement in foster care and appellee provided reasonable and appropriate services to appellant; appellant’s due process rights were not violated
1768164 Abdul Rahman Nashnoush v. Asma Yousef 08/01/2017
Decision of trial court denying appellant’s motion to modify support affirmed
1889163 John David Clark v. Jennifer Rodgers Clark 08/01/2017
No error in trial court’s denial of appellant’s motion for reconsideration related to spousal support
1951161 Jane Arlene Frakes v. Danny Joe Frakes 08/01/2017
Trial court did not err in classifying Michigan property as separate property and Norfolk home as marital property; trial court erred in failing to classify the rest of the parties’ property
2064164 Jose Manuel Ramos-Fantauzzi v. Elizabeth Santa Matos 08/01/2017
Trial court erred in denying appellant’s motion to reconsider the trial court’s acceptance of jurisdiction and in entering the military qualifying order
0135173 Felicia Elizabeth Feaster v. Harrisonburg-Rockingham Social Services District 07/25/2017
Trial court did not err in finding termination of appellant’s parental rights was in child’s best interest
0149173 Alfonso Renoid Mason v. Harrisonburg-Rockingham Social Services District 07/25/2017
Trial court did not err in finding termination of appellant’s parental rights to his child was in child’s best interest
0821161 James Steven Patterson v. Commonwealth of Virginia 07/25/2017
Trial court erred in admitting exhibit to enhance appellant’s dui conviction where the appellant’s conviction was under a California statute not substantially similar to Virginia’s DUI statute
0936161 Andrew Simon Manzano, a/k/a Andrew Williams v. Commonwealth of Virginia 07/25/2017
Trial court did not err in denying appellant’s motion to strike for cause three venirepersons where trial court found they were able to serve as impartial jurors
1915164 Kellie L. Matthews v. Steve O. Brinckhaus 07/25/2017
Trial court abused its discretion in incorporating the parties’ amended parenting agreement into an order without considering the best interests of the child and Code § 20-124.3 factors
0033173 Richard David Rouse v. Catherine Hagy Rouse 07/18/2017
Trial court did not abuse its discretion in dividing the marital property or in granting divorce on the ground of continuous separation of more than one year; issue of pendente lite spousal support barred by approbate-reprobate doctrine; other assignments of error waived due to procedural defects
0193162 Dwayne Gray Miller, Jr. v. Commonwealth of Virginia 07/18/2017
Appellant’s convictions of aggravated involuntary manslaughter and felony hit and run affirmed where evidence was sufficient to prove appellant proximately caused victim’s death, exclusion of victim’s toxicology evidence, if error, was harmless, and instruction on degree of intoxication as a factor to consider was properly given
0212172 Victoria's Secret & Gallagher Basset Services v. Nicole Mauldin 07/18/2017
Commission erred in failing to reopen the record to hold an additional hearing to consider whether the medical records obtained from appellee’s medical provider constituted after discovered evidence sufficient to warrant modification of the Commission’s earlier decision
0509173 Ronnie Stiltner v. Harold E. Matney, Jr. and Amguard Insurance Company 07/18/2017
Summary affirmance – no error in Commission’s finding that appellant failed to establish a compensable injury
0643174 Robinique Scott Cruse v. Alexandria Department of Community and Human Services 07/18/2017
Trial court did not err in terminating appellant’s parental rights to the three children subject to this appeal where evidence proved termination was in children’s best interest
0930162 Dmitri I. Medvedev v. Henrico County 07/18/2017
Trial court did not err in denying appellant’s motion to suppress where evidence proved encounter began as a consensual one and that by the time a seizure of appellant occurred, officer had reasonable suspicion that appellant was driving while intoxicated
1029162 Andrew Nicholas Chavis v. Commonwealth of Virginia 07/18/2017
Trial court did not abuse its discretion in considering expert testimony where that testimony did not invade the province of the court as fact finder; trial court did not err in finding evidence was sufficient to prove appellant’s intoxication caused him to operate his vehicle in a manner that caused the death of the two victims
1771163 Tamera S. Gilbert v. Wise County Department of Social Services 07/18/2017
Appellant’s assignments of error waived where she did not object to any action taken by the trial court and did not assign error to any action taken by the trial court
2100162 Amit Varma v. Meenakshi Bindal 07/18/2017
Trial court did not abuse its discretion in entering the supplemental order
0445161 Gary L. Williams v. Commonwealth of Virginia 07/11/2017
Trial court did no err in denying appellant’s motion to strike and did not abuse its discretion in allowing the audio recording of two jail calls to be played to the jury
1456161 Crystal Houston v. City of Newport News Department of Human Services 07/11/2017
Judgment of trial court affirmed as the evidence presented satisfied the criteria set forth in Code § 16.1-283(c)(2) and thus adequately supported trial court’s decision to terminate appellant’s parental rights to her children
1532161 Martin Houston, Sr. v. City of Newport News Department of Human Services 07/11/2017
Judgment of trial court affirmed as the evidence presented satisfied the criteria set forth in Code § 16.1-283(c)(2) and thus adequately supported trial court’s decision to terminate appellant’s parental rights to his children
2038162 George M. Gordon v. Elizabeth H. Gordon 07/11/2017
Trial court did not abuse its discretion in fashioning the spousal support award as it considered the required statutory factors and its factual findings have evidentiary support in the record
1149162 Michael Harris, s/k/a Michael Wayne Harris v. Commonwealth of Virginia 07/05/2017
Trail court did not err in denying motion to suppress as the challenged evidence was admissible pursuant to the inevitable discovery doctrine
1338161 Christopher Dawayne Sledge, Jr. v. Commonwealth of Virginia 07/05/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of malicious wounding
0083173 Four "O" Mining Corporation and American Mining Insurance Company v. Lendy C. Deel 06/27/2017
No error in Commission’s finding that appellee’s claim was not barred by the statute of limitations and that his condition supported the award of lifetime benefits
1037162 Anthony William Goodman v. Commonwealth of Virginia 06/27/2017
Trial court did not abuse its discretion in denying appellant’s motions to withdraw his guilty pleas where he expressly waived his right to withdraw the guilty pleas in the plea agreement
1214162 Christopher Lee Watson v. Commonwealth of Virginia 06/27/2017
No error in trial court’s finding that the evidence was sufficient to prove appellant knew of the gun’s presence in the trunk of the vehicle
1635164 Christopher Howard Marraro, II v. Janae Irene Haaland 06/27/2017
Judgment of trial court affirmed where the record is insufficient for Court to make a determination of assignment of error raised on appeal
0761161 Randell Louis Kinlaw v. Commonwealth of Virginia 06/20/2017
No error in trial court’s finding that evidence was sufficient to prove appellant had a firearm in his possession during the robbery and used it to commit that offense
1359162 Kristen Naomi Williams v. Charlottesville Department of Social Services 06/13/2017
Summary affirmance – appellant’s arguments that trial court erred in dismissing her appeal from juvenile court due to her failure to appear at the hearing barred by Rule 5A:18
1892162 Larry Elrod, III v. Anastasia Alexander and Michael Alexander 06/13/2017
Summary affirmance – trial court did not err in approving the step-parent adoption of appellant’s children
0188174 Neka Granite Imports, Inc., et al. v. Luis Paz 06/06/2017
Summary affirmance – no error in Commission’s finding that appellee was entitled to permanent total disability benefits where it found appellee was unable to use his injured members in gainful employment and had reached maximum medical improvement on his right arm injury
0979161 Hampton Roads Sanitation District v. Virginia Department of Enviornmental Quality 06/06/2017
Trial court did not err in upholding appellee’s denial of appellant’s proposal to use biosolids ash on a farm
1115161 Jerry Lee Gibbs v. Commonwealth of Virginia 06/06/2017
Trial court did not err in denying appellant’s motion to suppress where officer had a reasonable, articulable suspicion of illegal activity and was permitted to stop appellant to investigate the matter and quickly confirm or dispel his suspicion that the inspection sticker had been illegally moved from one vehicle to another
1368162 Kayla S. Scott v. City of Petersburg Department of Social Services 06/06/2017
Summary affirmance – trial court did not abuse its discretion by not appointing a guardian ad litem to represent the juvenile appellant where she was represented by court-appointed counsel
1487161 Maurice Dontrell Boykins v. Commonwealth of Virginia 06/06/2017
No error in trial court’s finding that evidence was sufficient to prove appellant initiated the gunfight and shot the victim; appellant’s argument regarding his malicious shooting into an occupied building conviction barred by Rule 5A:18; matter remanded to trial court to correct clerical error in sentences reflected in November 6, 2015 order
0064174 James B. Spear, Jr. v. Nawara T. Omary 05/30/2017
Summary affirmance – arguments raised by appellant on appeal barred by Rule 5A:18
0788161 Mark David Murgia v. Commonwealth of Virginia 05/30/2017
Trial court erred in finding evidence sufficient to prove computer solicitation of a minor where no evidence showed appellant’s text messages to the victim constituted an entreaty or effort to persuade the victim to engage in any illegal sexual conduct
2007152 Lee Jeffrey Borras v. Commonwealth of Virginia 05/30/2017
Trial court did not err in convicting appellant of aggravated sexual battery where evidence was sufficient to prove appellant caused serious mental injury to the victim or in revoking appellant’s suspended sentence; appellant’s argument that trial court erred in convicting appellant of both rape and aggravated sexual battery for same conduct barred by Rule 5A:18
2023152 Quinton N. Washington, s/k/a Quintin N. Washington v. Commonwealth of Virginia 05/30/2017
Trial court did not err in excluding evidence of the victim’s character for violence offered to prove appellant had a reasonable apprehension for his life and safety or in finding evidence was sufficient to prove appellant acted maliciously
0520162 Jamal Ryan Sumner v. Commonwealth of Virginia 05/23/2017
No error in trial court’s finding that evidence was sufficient to convict appellant of breaking and entering where appellant committed a breaking by entering through the partially closed door, without the victim’s consent, and with the intent to commit an assault and battery
0631161 Derek Lamont Porter v. Commonwealth of Virginia 05/23/2017
Appellant’s argument that the search of the pill bottle was beyond the scope of his consent barred by Rule 5A:18; trial court correctly denied appellant’s motion to suppress where officer had a reasonable articulable suspicion of illegal activity
0751162 Kelly Patrick Johnson v. Commonwealth of Virginia 05/23/2017
Trial court erred in finding evidence sufficient to convict appellant of failure to perform a promise for construction in return for advances where it did not prove beyond a reasonable doubt that the demand letter was sent with a return receipt request to satisfy the notice element of the offense
1079161 Karlin Michael Jones v. Commonwealth of Virginia 05/23/2017
No error in trial court’s finding that evidence was sufficient to support conviction of assault and battery of law enforcement officer where appellant pushed officer in an offensive and insolent manner in order to evade arrest
1299161 Tony Lamont Pugh v. Commonwealth of Virginia 05/23/2017
Trial court did not abuse its discretion in admitting a copy of the forged check over appellant’s best evidence objection; evidence was sufficient for jury to conclude that appellant knew the check was forged when he cashed it
1341162 Walter James Graves v. Commonwealth of Virginia 05/23/2017
Trial court did not err in finding evidence was sufficient to support conviction for breaking and entering where victim’s residence was no longer appellant’s residence and appellant’s entry into the residence offended victim’s right of habitation
0154173 Edwin Rudolfo Romero Medrano v. New Tech, LLC and Erie Insurance Exchange 05/16/2017
Summary affirmance – no error in Commission’s finding appellant was not entitled to workers’ compensation benefits because he was not a direct employee of New Tech, LLC
0429164 Brian Charles Henley v. Commonwealth of Virginia 05/16/2017
Appellant’s argument regarding his right to resist an illegal arrest barred by Rule 5A:18 where appellant failed to raise that issue in his motion to strike
0633161 Gerard Bunn v. Commonwealth of Virginia 05/16/2017
Hit and run conviction affirmed because evidence proved that appellant failed to fulfill his legal obligations after he struck the vehicle; driving after having been declared a habitual offender conviction reversed because evidence failed to prove the revocation of appellant’s driving privilege was still in effect
0638162 Dermont Travon Sims v. Commonwealth of Virginia 05/16/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of burglary of a building, petit larceny, and possession of burglary tools
1406164 Ronald L. Borden v. Virginia Employment Commission and Fairfax County 05/09/2017
Trial court did not err in affirming Commission’s decision that appellant was not due unemployment compensation where appellant voluntarily quit his job without good cause
1888162 Michael Stacy Graves, Jr. and Lisa Anne Graves v. Neil Edward Jones 05/09/2017
Error in order denying appellants’ petition for adoption; matter remanded to trial court to reconsider the petition for adoption in light of Code § 63.2-1202(H) and/or the factors in Code § 63.2-1205
0016172 Continental Telecom Corp. and Travelers Indemnity Company v. Joan Streets-Nash 05/02/2017
No error in Commission’s finding that Dr. Fiore was an authorized treating physician and that he performed reasonable and necessary treatment that was causally related to appellee’s compensable work injury
0528164 Ermais Samson v. Commonwealth of Virginia 05/02/2017
Trial court did not err in excluding the certificate of analysis at trial where appellant did not comply with the filing requirements of Code § 19.2-187 and Code § 19.2-187.1 is not applicable when the defendant seeks to admit a certificate of analysis
1095161 Anthony Deshawn Bethel v. Commonwealth of Virginia 05/02/2017
Trial court erred in refusing to admit appellant’s statement to the victim at the time of the burglary and in doing so effectively prevented appellant from offering relevant and admissible evidence in support of his defense that he lacked criminal intent
1524163 Pittsylvania County Department of Social Services v. Martha Gosney 05/02/2017
Judgment of trial court reversed and final judgment entered where trial court was without jurisdiction to hear appellee’s appeal as appellant is a unit of county government and exempt from the Virginia Administrative Process Act
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 05/02/2017
Upon a Rehearing – judgment of trial court affirmed based on trial court’s alternative finding that it believed victim’s testimony and Supreme Court’s recent decision in Commonwealth v. Lambert, 292 Va. 748, 793 S.E.2d 805 (2016)
0013161 Calvin Burnell Bailey, Jr. v. Commonwealth of Virginia 04/25/2017
No error in trial court’s finding that evidence was sufficient to prove the value of the stolen bicycle was $200 or more
0052164 Michael Joseph Anderson v. Commonwealth of Virginia 04/25/2017
No error in appellant’s perjury conviction where appellant’s sworn statements were false, willfully made, and material; trial court did not err in admitting appellant’s sworn criminal complaint where Commonwealth properly authenticated the criminal complaint
0437163 Amanda Marie Thomas v. Commonwealth of Virginia 04/25/2017
Trial court did not abuse its discretion in determining appellant’s sentence when it imposed an additional three-year term of suspended incarceration conditioned on post-release supervision
0897164 Jonathan Lamar Marks v. Commonwealth of Virginia 04/25/2017
Trial court did not err in denying appellant’s motion to suppress where the search warrants were supported by probable cause; trial court did not err in denying appellant’s motion for a Franks hearing where appellant failed to make the requisite showing
1041161 Dwayne Demario Marrow v. Commonwealth of Virginia 04/25/2017
No error in trial court’s finding that evidence was sufficient to prove appellant’s identity as the criminal agent; trial court erred in finding evidence was sufficient to prove shooting resulted in a significant and permanent physical injury to victim; conviction of use of a firearm in commission of felony affirmed and conviction of aggravated malicious wounding reversed and remanded
1934162 Commonwealth of Virginia v. Deante Lapre Mayo 04/25/2017
Trial court erred in granting appellee’s motion to suppress evidence obtained after an encounter between appellee and officers where initial encounter was consensual and the subsequent search was lawful; trial court did not err in denying appellee’s motion to suppress evidence from rental car as appellee had no standing to challenge the evidence seized
0184161 Arthur Clinton, s/k/a Clinton Arthur, Jr. v. Commonwealth of Virginia 04/18/2017
Trial court did not err in admitting conviction order showing appellant’s prior felony conviction despite appellant’s indication he wished to stipulate to that conviction; appellant did not request a cautionary instruction or move for a mistrial
1440164 Shawn Garrett v. Andria Garrett 04/18/2017
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings
1866164 Mark Case v. United Parcel Services and LIberty Insurance Corporation 04/18/2017
Commission did not err in finding that appellant failed to market his residual work capacity while on light-duty status during the relevant time period or in refusing to admit after-discovered evidence where that evidence was not material or relevant
1945164 Renee Ann Beatty v. Harry Davis Beatty 04/18/2017
Judgment of trial court affirmed where appendix is insufficient to decide the issue presented
0657161 Clarissa Gregory v. City of Hampton Department of Social Services 04/11/2017
Trial court did not err in finding appellee proved, by clear and convincing evidence, that termination of appellant’s parental rights to her children was in their best interest; appellant’s other arguments waived
0745161 Alysia Anne Langen v. Commonwealth of Virginia 04/11/2017
Trial court erred in finding evidence was sufficient to prove appellant violated the terms of her suspended sentences by failing to timely pay restitution
0939163 Alexander Michael Edwards v. Commonwealth of Virginia 04/11/2017
No error in trial court’s finding that evidence was sufficient to prove appellant intended to disfigure victims when he tattooed them; trial court erred in finding evidence was sufficient to prove conspiracy to murder where there was no evidence of an agreement
1126163 Jonathan Lee Bistel v. Sarah Lee Bistel 04/04/2017
Appeal dismissed insofar as it pertains to custody and visitation order regarding H.B. as notice of appeal was not timely filed to that order; judgment of trial court pertaining to custody and visitation order regarding S.B. is affirmed
1143164 Michael Henry Vechery v. Florence Cottet-Moine 04/04/2017
No error in trial court’s custody and visitation order barring appellant from attending child’s gymnastic practices, awarding appellee legal and physical custody of child, holding that custody and visitation case would be heard in one day, refusing to conduct an in camera interview with the child or in ordering child not to play competitive golf for one year
1541162 Janet Garrett-Kelly v. Richard A. Kelly, II 04/04/2017
Appellant’s argument on appeal that trial court erred by dismissing her appeals because the trial court did not conduct a de novo hearing barred by Rule 5A:18
1700161 BJ's Wholesale Club, Inc. v. Rose M. McCarron 04/04/2017
No error in Commission’s finding that appellant was entitled only to a credit based on the excess amount appellee received due her increased earnings at a dissimilar job as it was a correct interpretation of Code § 65.2-712
0237161 Tiffany Lauren Phillips v. Commonwealth of Virginia 03/28/2017
Trial court did not err in finding evidence was sufficient to prove felony embezzlement; trial court erred in ordering restitution where no evidence proved the actual loss, if any, to the victim
0671164 Rosario Ruiz Dominguez v. Hardee's and Travelers Indemnity Company of America 03/28/2017
No error in Commission’s finding that under Code § 65.2-709 appellant was not entitled to cost of living adjustments where appellant is receiving one hundred percent of her average pre-injury weekly wage
0778163 Danielle Marie Embrey v. Commonwealth of Virginia 03/28/2017
No error in trial court’s finding that evidence was sufficient to convict appellant of misdemeanor contributing to the delinquency of a minor where the conditions the child was subjected to presented a substantial risk of death, disfigurement, or impairment of bodily or mental function
1189163 Jacklyn D. Stanley v. Bristol Department of Social Services 03/28/2017
No error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights to her children was in their best interest and that there was no reasonable alternative to termination
1449163 Jason M. Stanley v. Bristol Department of Social Services 03/28/2017
No error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights to his children was in their best interest and that there was no reasonable alternative to termination
1886153 Akbar Aswab Douglas v. Commonwealth of Virginia 03/28/2017
Decision of trial court revoking appellant’s suspended sentences affirmed where the condition at issue was imposed in an earlier order that could not be collaterally attacked at the later revocation hearing
0233161 Raymond Antonia Williams v. Commonwealth of Virginia 03/21/2017
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest vehicle’s occupants after officer found marijuana residue in vehicle and subsequent search of appellant’s person was legally permissible as a search incident to arrest
0333161 James Donta Whitfield v. Commonwealth of Virginia 03/21/2017
Trial court erred in finding evidence was sufficient to prove that the accident caused more than $1,000 of damage to meet threshold for felony hit and run
1034161 India Felicia Valentine v. Commonwealth of Virginia 03/21/2017
No error in jury’s finding that evidence was sufficient to prove the victim’s death was the result of appellant’s neglect
1219163 Yzavia W. Haney v. Roanoke City Department of Social Services 03/21/2017
Summary affirmance – no error in trial court’s finding it no longer had jurisdiction over this matter where appellant’s parental rights to her child had been terminated and she had exhausted her appeals of that decision; Court will not consider her arguments regarding transcript being incomplete where record reflects she did not file objections with trial court
1220163 Yzavia W. Haney v. Roanoke City Department of Social Services 03/21/2017
Summary affirmance – no error in trial court’s finding it no longer had jurisdiction over this matter where appellant’s parental rights to her child had been terminated and she had exhausted her appeals of that decision; Court will not consider her arguments regarding transcript being incomplete where record reflects she did not file objections with trial court
2006151 Michael Dewayne Culberson v. Commonwealth of Virginia 03/21/2017
Appellant’s argument regarding trial court’s denial of motion to suppress waived pursuant to Rule 5A:18; sentence imposed on conviction of possession of cocaine reversed and remanded to trial court for new sentencing hearing
0393163 Michael Blake Vaughan v. Commonwealth of Virginia 03/14/2017
No error in trial court’s finding that evidence was sufficient to prove that appellant willfully concealed merchandise with intent to defraud Target of its value
0743162 John Daniel Holsinger v. Commonwealth of Virginia 03/14/2017
No error in trial court’s conclusion that evidence was sufficient to find that circumstances that existed at time appellant discharged his weapon through the kitchen door proved that his actions may have placed victim’s life in peril
0882163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Judgment of trial court affirmed where appellants waived their challenge to the trial court’s decision dismissing custody petition for this child
1401163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Judgment of trial court affirmed where appellants waived their challenge to the trial court’s decision dismissing custody petition for this child
1402163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Trial court did not err in dismissing appellants’ custody petition for this child where evidence established that appellants were unqualified to care for the child and uncommitted to maintaining a continuous relationship with child
1403163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Trial court did not err in dismissing appellants’ custody petition for this child where evidence established that appellants were unqualified to care for the child and uncommitted to maintaining a continuous relationship with child
1738163 Virginia C. Wilson v. Darick A. Dodson 03/14/2017
Trial court’s child support order affirmed where Court will not consider appellant’s assignment of error due to her failure to comply with Rule 5A:20(e)
1745152 Billy Joe Lee v. Commonwealth of Virginia 03/14/2017
Appellant’s argument that trial court erred in refusing to instruct jury on involuntary manslaughter with respect to Code § 18.2-279 barred by Rule 5A:18 and with respect to Code § 18.2-33 counsel conceded at argument that there is no lesser-included offense of felony homicide
1866151 Roy Lujason Turner v. Commonwealth of Virginia 03/14/2017
Trial court did not abuse its discretion in admitting photograph of appellant where it was a screenshot of appellant from a news website and differed significantly from a mug shot
1946152 Michelle H. Tomlin v. Commonwealth of Virginia 03/14/2017
Trial court did not err in granting motion to amend indictments where those amendments did not change nature or character of offense, in finding evidence sufficient to prove four counts of obtaining money by false pretenses, four counts of embezzlement, and one count of grand larceny or in denying pretrial motions for bill of particulars and to elect charges
0034161 Ja'Ron Russell Turner v. Commonwealth of Virginia 03/07/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the perpetrators or in considering the out-of-court statements of the officer where they were not offered for the truth of the matters asserted and were not hearsay
0159161 Larry Eugene Coney, Jr. v. Commonwealth of Virginia 03/07/2017
No error in trial court’s finding that the evidence was sufficient to prove appellant committed the offenses where it proved opportunity and other incriminating circumstances to establish appellant’s guilt beyond a reasonable doubt
0510161 Malik Luquan Kennedy v. Commonwealth of Virginia 03/07/2017
No reversible error in trial court’s decision to admit appellant’s communications with gang members in his probation revocation trial where the letters appellant wrote were admissible as party admissions and admission of correspondence from prisoners to appellant, if error, was harmless
0719154 Kevin Anthony Battaglia v. Commonwealth of Virginia 03/07/2017
Trial court did not err in allowing witness to read his witness statement to the jury, in denying appellant’s motion for a mistrial, or in finding evidence sufficient to prove appellant resisted arrest
1053164 Young Jin Kim v. Roto Rooter Services Company & Old Republic Insurance Company 03/07/2017
No error in Commission’s finding that appellant did not prove an identifiable incident which caused his injury
1270164 National Express Corporation, et al v. Mary Pritchett 03/07/2017
Commission did not err in finding that appellee reasonably marketed her residual work capacity or in awarding appellee temporary partial disability benefits
1403152 Dejuan Latel Roy v. Commonwealth of Virginia 03/07/2017
Trial court erred in finding evidence was sufficient to prove appellant possessed the cocaine found in the glove compartment of the vehicle or that he agreed to conspire with one or more individuals to distribute the cocaine
1982154 Francisco Garcia-Tirado v. Commonwealth of Virginia 03/07/2017
No error in trial court’s denial of appellant’s motion to suppress his statements to the police where evidence clearly shows appellant knowingly and voluntarily waived his Miranda rights where he gave no indication that he did not understand the questions posed to him and his answers in Spanish were responsive and consistent with the questions asked
0562164 Jennifer Hutchins Allen v. Geoffrey B. Allen 02/28/2017
Trial court did not err in its classification of the stock purchase proceeds, in relying on the witness’ testimony regarding sale of appellee’s business, in classifying property as hybrid and applying a converture fraction to decide marital share, in refusing to use an alternate valuation date, in determining spousal support, or in its ruling regarding appellant’s Fifth Amendment waiver
0958161 Jonathan Burton, Sr. v. Norfolk Department of Human Services 02/28/2017
Trial court did not err in terminating appellant’s parental rights to his four children where evidence proved that appellant failed to provide or substantially plan for the children’s future for a period of six months after the children were placed in foster care and that appellant was unable or unwilling to substantially remedy the conditions leading to foster care placement for the children
1272162 Kyle Crews v. Halifax County Department of Social Services 02/28/2017
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(i) where sufficient evidence proved his parental rights had been previously terminated to three of his children
0113163 Chantz Parker, s/k/a Chantz Nathaniel Parker v. Commonwealth of Virginia 02/21/2017
Appellant’s convictions affirmed where trial court did not err in denying appellant’s motion to sever his trial from his codefendant, in admitting appellant’s and his codefendant’s medical records into evidence, jury could have reasonably rejected appellant’s hypothesis of innocence, and law of the case forecloses challenge to attempted robbery where no challenged was made to armed burglary
0590164 Brian T. Marriott v. Christina E. Anderson 02/21/2017
Judgment of trial court reversed where appellee’s notice of appeal of current child support order from juvenile court to circuit court was not timely filed
0722162 Simone Brown v. Petersburg Department of Social Services 02/21/2017
Termination of appellant’s parental rights affirmed where appellant’s failure to challenge the termination under Code § 16.1-283(C)(2) renders moot her challenge to the termination under Code § 16.1-283(B)
1286162 Andersen Interior Contracting, Structure Tone, Inc. and Arch Insurance Company v. Samuel Nimmo 02/21/2017
Decision of Commission finding a compensable injury and awarding appellee lifetime medical benefits affirmed where appellants failed to prove appellee’s fall and resultant injuries were proximately caused by his intoxication
1373163 Steven Clifton Pagans v. Franklin County Department of Social Services 02/21/2017
Termination of appellant’s parental rights to his children affirmed where his failure to challenge the termination of his parental rights under Code § 16.1-283(C)(2) renders moot his challenge to the termination of his parental rights under Code § 16.1-283(B)
1497164 Marta Rivas v. Mom's Apple Pie Company and Technology Insurance Company 02/21/2017
Summary affirmance – no error in Commission’s finding that appellant committed a willful breach of a workplace safety rule
1637152 Jerneil Leslie Moody v. Commonwealth of Virginia 02/21/2017
No error in jury’s finding that the theft of the vehicle was not part of the same impulse as the other grand larceny or in its finding that the testimony of appellant’s confederates was credible
0351161 Kenyatta Ferrell Jones v. Commonwealth of Virginia 02/14/2017
No error in trial court’s finding that appellant had guilty knowledge that the vehicle he was driving was stolen
0844164 Anthony S. Wiley v. Martha P. Wiley 02/14/2017
No error in trial court’s amended final order of divorce regarding equitable distribution or spousal support
0853152 Nicholas Secret, s/k/a Nicholas Charles Secret v. Commonwealth of Virginia 02/14/2017
Trial court did not err in denying appellant’s motion to suppress his post-warning statements, in denying appellant’s motion to strike where evidence needed only show appellant intended to kill the people he knew were in the building when he set it on fire, or in refusing proffered appellant’s jury instruction on intent
1138161 City of Norfolk v. Tammy Gray 02/14/2017
No error in Commission’s finding that appellant was liable for the surgery and treatment of appellee’s work-related injuries performed by an unauthorized treating physician where evidence was sufficient to prove that treatment was reasonable and necessary
1383163 Stacy L. Roberts v. Virginia Department of Social Services 02/14/2017
Summary affirmance – trial court did not err in granting appellee’s plea in bar dismissing the appeal for lack of jurisdiction where appellant failed to file a petition for appeal within thirty days of filing the notice of appeal and therefore failed to comply with requirements of Rule 2A:4
0673162 Tammy T. Ware v. Sudarsan Srinivasan 02/07/2017
Appellant’s assignment of error regarding setting of spousal support waived where appendix lacks transcript necessary for determination of that assignment of error and trial court properly considered the statutory factors and set out those factors in its decision
0968164 Alice Jin-Yue Guan v. Bing Ran 02/07/2017
Trial court did not err in finding appellee was not entitled to receive a set-off distribution pursuant to parties’ post-divorce agreement; trial court erred in finding appellant waived spousal support and breached the post-divorce agreement
1006161 Michael Clair and Douglas Buckley v. Virginia Marine Resources Commission, et al. 02/07/2017
Trial court erred in finding appellants had standing to appeal the decision of the Virginia Marine Resources Commission where they were not “aggrieved” parties and did not suffer a burden or obligation different from the public generally
1125162 Matthew Brent Ford v. Alyssa Anne Johansen 02/07/2017
Judgment of trial court denying appellant’s motion to reduce his child support obligation affirmed where appellant did not demonstrate a material change in circumstances
1432164 AV Automotive and VADA Group Self-Insurance Association v. Yahia Mohammed 02/07/2017
No error in Commission’s award of medical benefits and temporary disability benefits to appellee where appellee proved by a preponderance of the evidence that his injury arose out of his employment
0091161 King David Manning, Jr. v. Commonwealth of Virginia 01/31/2017
Trial court did not err in admitting documentary record exhibits under the business record exception to the hearsay rule; appellant’s argument that Cash Converters did not rely upon transaction records in normal course of business barred by Rule 5A:18
0392161 Andre Smalls v. Commonwealth of Virginia 01/31/2017
Trial court did not err in denying appellant’s motion to strike where operability of firearm is not an element of possession of a firearm while in possession of drugs and evidence was sufficient to prove firearm was a functioning firearm and statute does not require proof of a nexus between the firearm and the illegal activity; argument regarding constructive possession barred by Rule 5A:18
0846162 SurgCenter of Silver Spring, LLC v. Michael & Son Services, Inc., et al 01/31/2017
No reversible error in Commission’s denial of appellant’s application for unpaid medical bills related to treatment of an employee of appellee Michael & Son based on alternative finding that appellees rebutted the presumption that appellant’s remaining charges were reasonable and necessary
1600163 Rodney Dale Brady, Jr. v. Patrick County Department of Social Services 01/31/2017
Judgment of trial court terminating appellant’s parental rights to his two children affirmed where record does not indicate that appellant preserved his arguments for appeal
1601163 Jessica Dianne Gilley v. Patrick County Department of Social Services 01/31/2017
Judgment of trial court terminating appellant’s parental rights to two of her children affirmed where trial court terminated appellant’s parental rights under Code § 16.1-283(B) and (C)(2) but appellant did not challenge termination under Code § 16.1-283(B) rendering moot her challenge under Code § 16.1-283(C)(2)
0176152 Jodi J. Hope v. Commonwealth of Virginia 01/24/2017
No error in trial court’s refusal to instruct jury on appellant’s claim of self-defense as to one victim as there was no evidence to support that instruction, in sua sponte instructing jury that it could only consider affirmative defense of self-defense as to one victim or in refusing to allow entirety of phone conversation between appellant and another into evidence
0911151 Terry Lee Poff, s/k/a Terry Lee Poff, Jr. v. Commonwealth of Virginia 01/24/2017
Trial court erred in refusing to allow the jury to hear impeachment evidence in the form of witness testimony that contradicted some of the victim’s testimony
1329151 Lavon Lawrence Gordon, s/k/a Cordarall Deshawn Gordon v. Commonwealth of Virginia 01/24/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was in constructive possession of the firearm found in the vehicle
1602151 James Corey Boggs v. Commonwealth of Virginia 01/24/2017
No error in trial court’s finding that evidence was sufficient to prove appellant took the credit card from victim’s apartment
1706151 Rodney Lenard Marshall v. Commonwealth of Virginia 01/24/2017
Trial court erred in finding evidence was sufficient to support appellant’s conviction of receiving stolen property where evidence did not establish victim’s vehicle was actually stolen
1962152 Fateh Al-Hayani v. Commonwealth of Virginia 01/24/2017
Trial court did not err in denying appellant’ s motion to suppress where trooper had probable cause for the search of appellant’s vehicle where the totality of the facts provided a fair probability that contraband would be found in the vehicle
0028162 Alice C. Taylor Village for Childhelp v. Cynthia B. Jones, Director, etc. 01/17/2017
Trial court erred in affirming appellee’s decision disregarding the recommendations by the hearing officer
0370161 Michael David Bailey v. Commonwealth of Virginia 01/17/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of taking indecent liberties with a child where Code § 18.2-370(A)(3) prohibits an adult from proposing that he “feel” the sexual parts of a child regardless of the degree of force applied or the duration of the contact
1040151 Marquez Rah-Shaun Perkins v. Commonwealth of Virginia 01/17/2017
No error in trial court’s finding that evidence was sufficient to prove convictions of robbery, conspiracy to commit felony, and use of firearm in commission of felony; trial court erred in finding evidence sufficient to prove convictions of malicious wounding and use of firearm in commission of felony
1348164 Commonwealth of Virginia v. Theodore Keith Simpson, Jr. 01/17/2017
Trial court did not err in granting motion to suppress where weapon was not discovered in plain view and no evidence was presented that could lead a reasonable person to believe that appellant was a convicted felon at the time of weapon’s seizure or that the weapon itself constituted evidence of a crime
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 01/17/2017
Petition for rehearing granted.
0067161 Gary Jerome Turner v. Commonwealth of Virginia 01/10/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was criminally negligent in driving recklessly after ingesting marijuana and failing to ensure the proper restraint of his passengers
0652152 Kathy Lorraine Staiger v. Commonwealth of Virginia 01/10/2017
Trial court did not err in convicting appellant of driving under the influence, third offense within five years in the same trial where she was convicted of driving under the influence, second offense within five years
0806162 Oscar O. Ozfidan v. Pamela L. Ozfidan 01/10/2017
No error in trial court’s award of indefinite spousal support to appellee where appellant’s motion put the issue of spousal support before trial court and evidence supports the award
1082162 NHC Healthcare/Bristol, LLC v. Marissa J. Levine, MD, MPH, Virginia State Health Commissioner, et al 01/10/2017
Trial court did not err in affirming Commissioner’s denial of appellant’s petition seeking good cause standing to participate in the proceedings before the Commissioner on an application for a certificate of public need for construction of a ninety-bed nursing home in Bristol, Virginia
1397164 Davitta Robinson v. City of Alexandria Department of Community and Human Services 01/10/2017
Trial court did not err in terminating appellant’s parental rights to five of her children and approving the goals of adoption
0096163 Ashby Coleman v. Commonwealth of Virginia 12/27/2016
Appellant’s convictions of distribution of child pornography affirmed where jury found images depicted images of minors, were a lewd display of nudity, and were knowingly distributed by appellant
1027163 Debora Goad v. Eastman Chemical and Ace American Insurance Company 12/27/2016
Summary affirmance – Court will not consider appeal as appellant’s failure to comply with Rule 5A:20(e) is significant
1203164 Dr. Greg Bath and American Economy Insurance Co. v. Virginia Lee Olinger 12/27/2016
No error in Commission’s finding that appellee’s reactive airway disease was a compensable ordinary disease of life that was caused by conditions peculiar to appellee’s employment
1931152 Patricia Ann Gerald v. Commonwealth of Virginia 12/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed perjury or in its finding that Albemarle County was proper venue for an offense committed in Albemarle General District Court, which is located in the City of Charlottesville
1967152 Tarsah M. Gerald v. Commonwealth of Virginia 12/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed perjury, in finding that Albemarle County was proper venue for an offense committed in Albemarle General District Court, which is located in the City of Charlottesville, or in finding evidence was sufficient to find appellant guilty of driving on a suspended license, third offense
1970153 Pamela Moreland v. Lynchburg Department of Social Services 12/27/2016
No error in trial court’s finding that clear and convincing evidence proved appellant’s children suffered abuse and neglect that presented a serious and substantial threat to their lives and that it was not reasonably likely conditions could be remedied within a reasonable amount of time; termination of appellant’s parental rights to her children affirmed
2000153 Christopher Moreland v. Lynchburg Department of Social Services 12/27/2016
No error in trial court’s finding that clear and convincing evidence proved appellant’s children suffered abuse and neglect that presented a serious and substantial threat to their lives and that it was not reasonably likely conditions could be remedied within a reasonable amount of time; termination of appellant’s parental rights to his children affirmed
0080162 Derrick Alexis Williams v. Commonwealth of Virginia 12/20/2016
No error in trial court’s finding that appellant was aware of the presence of the cocaine and exercised dominion and control over it; trial court erred in finding evidence was sufficient to prove a conspiracy existed between appellant and the other occupants of the vehicle
0085162 Robin Lee Elliott v. Bryan Curtis Wendell 12/20/2016
Trial court erred in failing to include provisions in child support order related to health care coverage and unreimbursed medical expenses; matter remanded to trial court for further proceedings
0112163 Joey Eugene Hodnett v. Commonwealth of Virginia 12/20/2016
Appellant failed to present his argument to trial court that officer’s suspicion was dispelled before he asked for appellant’s license and registration and that argument is barred by Rule 5A:18; appellant conceded officer had reasonable, articulable suspicion to stop his vehicle
0117162 Wilbur Maurice Watts v. Commonwealth of Virginia 12/20/2016
Trial court did not err in denying appellant’s motion to suppress where officer’s search of vehicle that resulted in discovery of firearm did not violate appellant’s Fourth Amendment rights as officer had probable cause to arrest appellant for possession of an illegal substance which permitted officer to search vehicle incident to the arrest
0770163 Loretta Roberts-Bond v. Harrisonburg-Rockingham Social Services District 12/20/2016
No error in trial court’s finding that child was a child in need of services in order for her to receive the stability necessary to the child’s condition or in its finding evidence demonstrated foster care goal of adoption was in child’s best interests
1159163 T.T.A.C, a Minor, by her Court-Appointed Attorney v. Harrisonburg-Rockingham Social Services Dist. 12/20/2016
No error in trial court’s finding that child was a child in need of services in order for her to receive the stability necessary to the child’s condition or in its finding evidence demonstrated foster care goal of adoption was in child’s best interests
1573152 Terrell Dewayne Garnett v. Commonwealth of Virginia 12/20/2016
Trial court abused its discretion in admitting text messages from cell phone where evidence was insufficient to establish a foundation for the admissibility of those text messages
1635152 Tyvon Lee Conyers, a/k/a T.Y. v. Commonwealth of Virginia 12/20/2016
Court is unable to reach merits of argument regarding Commonwealth’s hearsay objection during officer’s cross-examination where appellant’s proffer of officer’s earlier testimony was incomplete or inadequate; no error in finding that the abduction of the victim was not incidental to the robbery
1863152 Darryl Lamont Hawkins v. Commonwealth of Virginia 12/20/2016
Trial court erred in denying appellant’s motion for mistrial based on comments made by the Commonwealth’s Attorney during closing argument; conviction of promoting or preparing for dogfighting reversed and remanded to trial court for further proceedings consistent with Court’s opinion
0060161 Gerald E. Wood, Jr. v. Commonwealth of Virginia 12/13/2016
Trial court did not err in admitting into evidence two prior conviction orders that were probative of appellant’s fraudulent intent or in finding appellant possessed a fraudulent intent at the time he accepted the victims’ deposit check
0670161 Goldkress Corp., et al. v. Orthopaedic and Spine Center 12/13/2016
No error in Commission’s finding that contract at issue was ambiguous; Commission erred in applying subsection (b) of Attachment A-2 of contract at issue rather than subsection (a)
0681161 Orthopaedic and Spine Center v. Goldkress Corp., et al. 12/13/2016
No error in Commission’s finding that the anti-assignment provisions of Illinois law did not invalidate contract at issue or in finding appellees did not waive its rights to rely on contracts at issue
1078152 Archie Lavance Simmons v. Commonwealth of Virginia 12/13/2016
No error in trial court’s denial of appellant’s motion to dismiss on speedy trial grounds where appellant’s counsel acquiesced in the continuance of the jury trial when he failed to clearly object to the continuance, which tolled the time period for speedy trial purposes
1083163 Jennifer Yvonne Kelley v. Monticello Area Community Action Agency, et al 12/13/2016
Commission did not err in denying appellant’s claim for benefits where no de facto award existed and appellant did not prove her injury arose out of her employment
1170161 Commonwealth of Virginia v. Lamont Sentel Stallings 12/13/2016
Trial court did not err in granting appellee’s motion to suppress where it made a credibility determination rejecting officer’s testimony concerning appellee’s driving behavior and there was evidence to support that conclusion
1290153 David Louis Volpe v. Commonwealth of Virginia 12/13/2016
No error in trial court’s finding that evidence was sufficient to prove appellant knowingly possessed the cached images found on his computer
1301151 Clarence Epps, Jr. v. Commonwealth of Virginia 12/13/2016
No error in trial court’s finding that evidence was sufficient to prove appellant obstructed the officer in the performance of his official duties as a law enforcement officer
1369152 Darci A. Reilly v. Patrick L. Reilly 12/13/2016
Trial court erred in refusing to reconsider its incorporation of a “Consent Order” into the final order over appellant’s objection and request for a de novo hearing; in awarding attorney’s fees to appellee as a punitive measure; and in delegating to the guardian ad litem authority to unilaterally alter visitation
1722151 Frank Small v. Commonwealth of Virginia 12/13/2016
Evidence was sufficient to prove appellant’s words and acts intimidated the victim sufficiently to cause him to part with his money that appellant demanded; conviction of robbery affirmed
0040163 Rupert Bernard Bonhotel v. Michelle Jane Jones Watts 12/06/2016
Trial court erred in ordering parties to comply with counselor’s recommendations; any error of trial court in conducting in camera review harmless; argument regarding whether exhibit was hearsay or whether its admission was required pursuant to pretrial scheduling order waived
0319161 Chris Durene Harper v. Commonwealth of Virginia 12/06/2016
Evidence was insufficient to support one of appellant’s three abduction convictions and the corresponding conviction of use of a firearm in the commission of a felony
1144151 Antonio Mandell Morris v. Commonwealth of Virginia 12/06/2016
Trial court did not err in denying appellant’s motion to suppress or in finding that evidence was sufficient to prove appellant’s knowing possession of the heroin
1382152 Susan Colbert Medwid v. Commonwealth of Virginia 12/06/2016
Appellant’s conviction of felony hit and run affirmed where appellant failed to provide her identifying information to either law enforcement or the victim, as required by Code § 46.2-894
1815152 Marcus Keon Ruffin v. Commonwealth of Virginia 12/06/2016
No error in trial court’s finding that evidence was sufficient to prove the specific intent for felony destruction of property
2013152 Michael Forrest Kovach v. Commonwealth of Virginia 12/06/2016
Trial court erred in denying motion to strike possession of child pornography charges based on evidence from the unallocated space on the desktop and in the thumb cache on the laptop; trial court did not err in denying motion to strike possession of child pornography charge on desktop using collection zip file or distribution of child pornography charges
2019153 Angelique Teresa Shelley v. Commonwealth of Virginia 12/06/2016
No error in trial court’s finding that picnic table where drug sale took place was readily accessible to the public and “open to public use” as required by Code § 18.2-255.2(A)(2)
2053152 Shayquan Quantae Marshall v. Commonwealth of Virginia 12/06/2016
Trial court did not err in denying appellant’s motion to suppress where any deviation from the traffic stop was de minimis and falls within the good faith exception to the exclusionary rule
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 12/06/2016
Trial court erred in finding evidence sufficient to prove assault and battery where it based its finding on statements allegedly made by a witness that were never admitted at trial and which were contradicted by that witness’ actual testimony at trial
0061161 Geoffrey Odell Ridley v. Commonwealth of Virginia 11/29/2016
No error in trial court’s finding that evidence was sufficient to prove appellant stole the handgun from the victim and sold it to a felon
0481154 Dorothy Elizabeth Cilwa v. Commonwealth of Virginia 11/29/2016
Trial court erred in finding appellant violated her probation and revoking her suspended sentences where the trial court lacked jurisdiction
1802151 Lashonda Marie Mott v. Commonwealth of Virginia 11/29/2016
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of felony child neglect where appellant left her young children without adequate supervision for an extended period of time
1880151 Chelsea Nicole Coston v. Commonwealth of Virginia 11/29/2016
Conviction of petit larceny, third offense affirmed where predicate offenses must occur before date of present offense, but the conviction for the predicate offenses need not predate the current offense
1016162 Arsenio Mojares v. RK Chevrolet, Inc. and VADA Group Self-Insurance Association 11/22/2016
No error in Commission’s denial of appellant’s claim for medical benefits where appellant failed to establish the requisite causal connection between his employment and his accident
1285152 Thaddeus Anthony Ruane v. Cynthia Ann Ruane 11/22/2016
Trial court did not err in awarding spousal support and attorney’s fees and costs to appellee; trial court erred in incorporating the parties’ 2010 separation agreement into the pendente lite order and amount of award of spousal support to appellee and equitable distribution of appellant’s military retirement pension reversed and remanded to trial court
1723151 Jamir Jordan v. Commonwealth of Virginia 11/22/2016
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of aggravated malicious wounding and that appellant acted as a principal in the second degree in the aggravated malicious wounding of the victim
1775151 Dano Joseph Armstrong, Jr. v. Commonwealth of Virginia 11/22/2016
Trial court did not err in denying appellant’s motion to vacate where appellant testified at the suppression hearing and that testimony was offered into evidence at trial and the trial court was entitled to rely upon defense counsel’s representation that appellant was presenting no further evidence
0288164 Dae C. Kim v. Virginia Board of Accountancy 11/15/2016
Decision of trial court affirming appellee’s determination affirmed in part and reversed in part and remanded to trial court for remand to appellee for further proceedings
0414164 Christian A. Von Hassell v. Elizabeth Von Hassell 11/15/2016
Final decree of trial court regarding equitable distribution, spousal support, and contempt findings affirmed in part, reversed in part, and remanded to the trial court
0610154 Dale Smith, a/k/a Dale C. Smith, Jr. v. Commonwealth of Virginia 11/15/2016
Trial court erred in finding it was divested of jurisdiction to hear appellant’s motions to withdraw as counsel and to withdraw his guilty plea because appellant had filed a notice of appeal before filing the motions; remanded to trial court for a hearing on those motions
0679154 J.V., a Minor, by her Mother and Next Friend, Anette H. Veldhuyzen v. Stafford County School Board 11/15/2016
Court finds assignments of error waived for appellant’s significant failure to comply with the rules of court
1097154 Dale Smith, a/k/a Dale C. Smith, Jr. v. Commonwealth of Virginia 11/15/2016
Trial court erred in finding it was divested of jurisdiction to hear appellant’s motions to withdraw as counsel and to withdraw his guilty plea because appellant had filed a notice of appeal before filing the motions; remanded to trial court for a hearing on those motions
1215151 William Thomas Johnson, II v. Commonwealth of Virginia 11/15/2016
Trial court erred in denying appellant’s motion to suppress where the time between the K9 officer’s arrival until the time appellant confessed and was arrested was not de minimis for Fourth Amendment purposes and the continued seizure of appellant violated the Fourth Amendment
1888151 David Allen Peters v. Commonwealth of Virginia 11/15/2016
No error in trial court’s finding that appellant initiated contact with the victim in violation of the protective order and that the conduct amounted to stalking and violated the protective order
1953153 Christian Luke Riddle v. Commonwealth of Virginia 11/15/2016
No error in trial court’s finding that evidence was sufficient to prove appellant possessed with intent to distribute an imitation controlled substance
2082154 Rosangela Spradling v. Commonwealth of Virginia 11/15/2016
Trial court did not abuse its discretion in imposing a fifteen-year sentence on appellant as it did not exceed the statutory guidelines; appellant’s argument regarding constitutionality of Code § 19.2-298.01(F) is barred by Rule 5A:18
0121164 Jessica Lynn Kumar v. Sanjeev Kumar 11/08/2016
Trial court did not abuse its discretion by incorporating the parties’ property settlement agreement into the final decree with the exception of the date appellee was to begin paying child support or in finding the August 27, 2015 hearing was not a proceeding on the issue of determining child support
1444152 Arnold Raphael Eason, s/k/a Arnold R. Eason, Jr. v. Commonwealth of Virginia 11/08/2016
No reversible error in trial court’s denial of appellant’s motion to present demonstrative evidence; evidence was sufficient to find appellant was the criminal agent, had the specific intent to kill, the abduction was not intrinsic to the robbery, and abducted one of the victims with the intent to extort money or pecuniary benefit
1639153 Adrian Saunders v. Commonwealth of Virginia 11/08/2016
No error in appellant’s conviction of perjury where it had sufficient evidence to establish the materiality of appellant’s testimony and to corroborate witness’ testimony
1951153 Roy Edward Haley v. Commonwealth Virginia 11/08/2016
Trial court did not abuse its discretion in admitting blood analysis from blood sample taken from appellant by nurse, where, by reason of her status as a registered nurse, she was authorized to withdraw blood for use in a DUI prosecution
1993152 Barry Keith Ashworth v. Commonwealth of Virginia 11/08/2016
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the intent to maim, disfigure, disable or kill victim based on circumstances of attack
0048163 Timothy Raymond Carter v. Commonwealth of Virginia 11/01/2016
Trial court did not err in denying appellant’s motion for a mistrial and a new trial; no reversible error in trial court’s decision to declare a witness hostile and adverse; evidence was sufficient to support appellant’s convictions of second-degree murder and use of a firearm in the commission of a murder
0800162 Florida Velazquez v. Prince Edward County Department of Social Services 11/01/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
0831162 Commonwealth of Virginia v. Markcus Anthony White 11/01/2016
Trial court did not err in dismissing charge against appellant where Commonwealth missed the speedy trial deadline
0867151 Floyd William Logan, IV v. Commonwealth of Virginia 11/01/2016
No error in trial court’s finding that appellant premeditated his daughter’s murder and caused her fatal injuries
1449151 William Lee Whiting v. Commonwealth of Virginia 11/01/2016
No error in trial court’s finding that incidental detention doctrine does not apply in this case and evidence was sufficient to prove attempted abduction; trial court erred in revoking appellant’s suspended sentence without affording him a revocation hearing
1512151 Jonathan Mark Karika v. Commonwealth of Virginia 11/01/2016
Trial court had subject matter jurisdiction over this matter where Article 1, Section 8 of the Virginia Constitution was complied with; no reversible error in trial court’s decision to sustain Commonwealth’s objection to the admissibility of the 911 recording after finding the recording was hearsay
1618154 Anthony R. Bedell v. Christina M. Muller 11/01/2016
Decision of trial court allowing appellee and parties’ children to move to Front Royal affirmed where some issues are barred by Rule 5A:18 and trial court’s findings that appellee’s relocation was not for an improper purpose and that appellant’s relationship with children could be substantially maintained despite move
1793154 Horace Thompson Owens, Jr. v. Commonwealth of Virginia 11/01/2016
Denial of appellant’s motion to withdraw his guilty pleas reversed where appellant was denied his constitutional right to be represented by counsel at the hearing on his motion
0415164 Karen Bonsack v. Michele Gregory 10/25/2016
Trial court erred in granting appellee’s “Motion to Dismiss and for Summary Judgment” where appellant’s petitions for visitation should have been resolved on the merits during the already scheduled trial
0416164 Karen Bonsack v. Michele Gregory 10/25/2016
Trial court erred in granting appellee’s “Motion to Dismiss and for Summary Judgment” where appellant’s petitions for visitation should have been resolved on the merits during the already scheduled trial
0971151 Davianta Malik Grandy v. Commonwealth of Virginia 10/25/2016
Trial judge did not abuse her discretion in denying appellant’s motion to recuse her from his sentencing hearing or to declare a mistrial based on her alleged bias
1228151 Corey Nishawn Dagner v. Commonwealth of Virginia 10/25/2016
No error in trial court’s finding that evidence was sufficient to prove appellant was aware of the presence and character of the firearm and exercised dominion and control over it
1234151 Justin Lee Lunceford v. Commonwealth of Virginia 10/25/2016
Trial court erred in finding evidence was sufficient to prove the victim of the abduction was detained through intimidation where record does not support reasonable inference that the victim’s fear of bodily harm overrode her ability to leave
1396154 Marques Lavar Moulds v. Commonwealth of Virginia 10/25/2016
Trial court erred in refusing to admit prior inconsistent statements of victim for impeachment purposes
1432151 Andrew C. Stephens, s/k/a Andrew Charles Stephens v. Commonwealth of Virginia 10/25/2016
No error in appellant’s conviction of aggravated malicious wounding where evidence did not contain a reasonable theory of innocence, excluded all hypotheses other than abusive head trauma and that appellant was the cause of that trauma, and that appellant acted with requisite malice; appellant failed to proffer expected answers from his witness regarding biomechanics
0105161 Steven Echevarria v. City of Chesapeake 10/18/2016
No error in Commission’s denial of benefits as appellant did not prove his accident arose out of his employment where he failed to prove a defect in the stairway or a condition of his employment caused his injury
0644151 Billy Joe Maurice v. Commonwealth of Virginia 10/18/2016
No error in trial court’s finding that the abduction or detention of the victim was separate and apart from the sexual offenses
0785151 Wayne Gibson Weis, Jr. v. Commonwealth of Virginia 10/18/2016
Trial court did not abuse its discretion in refusing to strike juror for cause where it had opportunity to observe juror’s demeanor, to hear his responses, and to form an opinion as to whether juror had a fair, impartial, and open state of mind
1056151 Steven Cornelius Rogers v. Commonwealth of Virginia 10/18/2016
No reversible error by trial court in admitting sentencing information contained in orders introduced to prove prior convictions where jury was given a curative instruction, overwhelming evidence established appellant’s guilt, and procedural posture of case lessened any prejudicial effect
1567154 Liza Marie Pence v. Gregory Allen Pence 10/18/2016
Judgment of trial court regarding equitable distribution affirmed in part and reversed in part and remanded to trial court
1591154 Gregory Allen Pence v. Liza Marie Pence 10/18/2016
Judgment of trial court regarding attorney’s fees and denial of spousal support affirmed
1625151 Michael Ray Jennings v. Commonwealth of Virginia 10/18/2016
No error in trial court’s finding that evidence was sufficient to prove appellant entered the victim’s home with intent to interfere with her right to enjoy her home free from interference
1813154 Gregory Allen Pence v. Liza Marie Pence 10/18/2016
Judgment of trial court regarding child support reversed and remanded to trial court
0103163 Valerie Jill Rhudy Minor v. Timothy M. Barrett 10/11/2016
Decision of trial court to vacate juvenile court order and dismiss appellant’s motion to amend reversed and remanded to trial court for a hearing de novo; decision of trial court to allow appellant’s husband, an attorney, to represent appellant at hearing affirmed
0199164 Eddie Cisneros v. Arlington County Department of Human Services 10/11/2016
Summary affirmance – trial court did not err in dismissing appellant’s appeal for lack of jurisdiction where appellant’s motion did not comply with statutory scheme to terminate his parental rights and approve goal of adoption
0316163 Timothy Wayne Wooddell, Jr. v. Harrisonburg-Rockingham Social Services District 10/11/2016
No error in trial court’s finding that termination of appellant’s parental rights to two of his children was in their best interests
0338163 Amanda Osborne Wooddell v. Harrisonburg-Rockingham Social Services District 10/11/2016
No error in trial court’s finding that termination of appellant’s parental rights to two of her children was in their best interests
0485162 Virginia Department of Corrections v. Tammy Estep 10/11/2016
Trial court erred in concluding it had no authority to construe the meaning of the hearing officer’s decision and to make factual findings regarding whether appellant complied with the hearing officer’s decision by offering appellee “comparable” positions
0886161 Lawrence A. Kesser v. Caryn F. Kesser 10/11/2016
Appeal dismissed where appellant was the prevailing party below, not an aggrieved party pursuant to Code § 17.1-405, and lacked standing to appeal the trial court’s decision
0918162 Kara Natonia Thomas v. Hallmark Systems, Inc. and LM Insurance Corporation 10/11/2016
Summary affirmance – Commission did not err in denying appellant’s claim for permanent partial disability
1080162 The TJX Companies, Inc/Marshall's, et al v. Byron Howcott, et al 10/11/2016
Summary affirmance – no error in Commission’s finding that appellants, as appellee’s statutory employer, were responsible for appellee Howcott’s workers’ compensation benefits
1473151 Abdul Hakim Grant v. Commonwealth of Virginia 10/11/2016
Appellant’s issue raised on appeal regarding whether trial court erred by denying his motion for a mistrial waived on appeal where appellant failed to timely move for a mistrial
0339154 Kondwani Grady v. Commonwealth of Virginia 10/04/2016
Trial court did not abuse its discretion in admitting officer’s testimony about the appellant’s admission of guilt where the challenged evidence was properly authenticated and admissible under the admission of a party opponent exception to the rule against hearsay
0421164 Anastasia Chand v. Joshua Chand 10/04/2016
Summary affirmance – trial court did not err in granting appellee’s demurrers and denying appellant’s petitions to dissolve adoptions where trial court correctly held it did not have jurisdiction to dissolve the adoptions
0461162 Alan Stanley Petersen v. Tina Robertson Petersen 10/04/2016
Summary affirmance – trial court did not err in denying appellant’s motion for visitation and ordering that he have no contact with the child
0912152 Gerald Deandre Lewis v. Commonwealth of Virginia 10/04/2016
Evidence was sufficient to support appellant’s conviction for possession of marijuana with intent to distribute where appellant possessed a large amount of marijuana, the manner in which it was packaged was inconsistent with personal use, and appellant possessed a large amount of cash
1500154 Andrea Rochelle Fripp-Hayes v. Commonwealth of Virginia 10/04/2016
Evidence was sufficient to support appellant’s conviction of obstruction of justice where her behavior completely precluded officer from carrying out his investigation and established that she acted with the intent to obstruct
1733154 Robert Clark Wagner v. Diane Louise Wagner 10/04/2016
Trial court did not err in finding that appellee’s deception did not constitute an adequate ground to set aside the 1999 final divorce decree or in ordering appellee to pay $2000 of appellant’s attorney’s fees
1810152 Ulysses Blanding, Jr. v. Commonwealth of Virginia 10/04/2016
No reversible error in trial court’s refusal to admit testimony from appellant’s psychiatrist where any memory lapse about the incident did not tend to prove appellant did not commit the murder and there was extensive direct and circumstantial evidence linking appellant to the murder
0262164 Paula Harris and James Harris v. Clarke County Department of Social Services 09/27/2016
Summary affirmance – trial court did not err in dismissing appellants’ petition for custody of their great-grandson where it found it was not in child’s best interest to be placed with appellants and appellants were not a suitable placement for child
1250154 Gary Stephen Hankins v. Commonwealth of Virginia 09/27/2016
Any error by trial court in admitting officer’s testimony about his interview with the victim was harmless where that testimony was largely cumulative and there was other considerable evidence of appellant’s guilt; trial court did not abuse its discretion in admitting text messages from the victim to appellant
1797153 Andrew Lewis Watkins, Jr. v. Commonwealth of Virginia 09/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed an unlawful act when he struck the victim in the face with significant force causing the victim to fall and hit his head and ultimately caused the victim’s death
1945154 Sabel M. Wheeler v. Andre L. Lincoln 09/27/2016
Trial court did not err in awarding primary physical custody of the parties’ child to appellee after properly taking into account all the factors set forth in Code § 20-124-3
0439161 Ivy Edwina Mooney v. Newport News Department of Human Services 09/20/2016
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interest
0998154 Lorenzo Atha Holley v. Commonwealth of Virginia 09/20/2016
Appellant’s sentence affirmed where implementation of sentencing guidelines is appropriately left to discretion of trial court and Court cannot afford relief for consideration of a fact that was part of the uncontested proffered evidence offered at guilty plea hearing
2010154 Richard Yergovich v. Commonwealth of Virginia 09/20/2016
No error in trial court’s finding that evidence was sufficient to prove malice where appellant intentionally started the fire in his bedroom in his parents’ basement resulting in injury to his father, damage to the home, and destruction of property of others
0082163 Raymond Joseph Shuler v. Jeannie Marie Stedham Shuler 09/13/2016
Summary affirmance – trial court did not err in valuing appellant’s business based on appellee’s evidence where it was the only evidence of value presented to the trial court
0413162 Ellett Richard McGeorge, III and Rhetta Moore Daniel v. Carolyn Tye McGeorge 09/13/2016
Judgment of trial court finding McGeorge in contempt of court for failing to pay child support and uninsured medical expenses summarily affirmed; appeal of sanctions and award of attorney’s fees to appellee imposed on Daniel dismissed for failure to comply with Rule 5A:20
0533161 Commonwealth of Virginia v. Stephen Lamar Garrick 09/13/2016
Trial court erred in suppressing evidence obtained from search of vehicle where totality of circumstances provided sufficient probable cause to support search; search of appellee’s person was justified by his arrest based on active warrant
1031144 Brent David Taylor v. Commonwealth of Virginia 09/13/2016
Trial court did not err in refusing to suppress appellant’s statements made prior to custodial interrogation or in denying appellant a rape shield hearing; trial court erred in refusing to suppress statements and written apology appellant made after he was subject to a custodial interrogation
0488161 Jeronda Wilson v. City of Hampton Department of Social Services 09/06/2016
Summary affirmance – trial court did not err in approving foster care plans with goals of adoption
0531154 Joseph William Melice v. Commonwealth of Virginia 08/30/2016
No reversible error in appellant’s convictions of possession of oxycodone and possession of methadone where admission of officer’s limited testimony regarding content of text messages had no substantial influence on finder of fact
1305154 Tobias Ogbanna Reed v. Commonwealth of Virginia 08/30/2016
Trial court did not err in issuing a subpoena duces tecum for phone records or in denying appellant’s motion to suppress and motion to quash
0266163 Melinda Marie Biby, s/k/a Malinda Marie Biby v. Shenandoah Valley Department of Social Services 08/23/2016
Appellant’s argument regarding whether trial court erred in not speaking with her child over the age of fourteen waived; trial court did not err in denying appellant’s request for a court reporter where the record is sufficiently complete
0267163 Melinda Marie Biby, s/k/a Malinda Marie Biby v. Shenandoah Valley Department of Social Services 08/23/2016
Trial court did not err in terminating appellant’s parental rights to her child where appellant’s substance abuse problems presented a serious threat to her child; trial court did not err in denying appellant’s request for a court reporter where the record is sufficiently complete
0376162 Commonwealth of Virginia v. Stephen Allen Donald and Deoclecio Ronan Sampaio 08/23/2016
Trial court did not make an error of law in finding that the officers did not have reasonable suspicion to stop appellees for a suspected jaywalking violation
0455154 J.K.N. v. Commonwealth of Virginia 08/23/2016
No error in trial court’s finding that conditions of probation contained in juvenile court’s January 10, 2013 order were still in effect at time appellant left and remained away from her mother’s home in violation of those probation conditions
1526152 Javonna Camp v. Fredericksburg Department of Social Services 08/23/2016
Summary affirmance – no error in trial court’s holding that appellant was sufficiently put on notice of the consequences of the termination proceedings
0323161 Randy D. Johnson v. Cindy Lolita Johnson 08/16/2016
Summary affirmance - trial court did not err in declining to impute income to appellee for spousal support and child support purposes
0522161 Basil Gaissert v. Jennifer Joanne Estrem Gaissert 08/16/2016
Summary affirmance - trial court did not err in awarding child support of the parties' adult son to appellee, awarding appellee a divorce on her complaint, and permitting appellee to pursue equitable distribution
0621164 Prince William County Schools and VML Insurance Programs v. Laura M. Adney 08/16/2016
Summary affirmance – no error in Commission’s finding that appellee sustained a compensable injury by accident to her head
0992152 Barry Nelson Thomas, Jr. v. Commonwealth of Virginia 08/16/2016
Judgment of trial court granting Commonwealth’s motion in limine regarding excluding evidence concerning appellant’s use of suffix “El” affirmed
0608164 The Fresh Market and XL Insurance America, Inc. v. Hany M. Mankaruos 08/09/2016
Summary affirmance – no error in Commission’s award of medical benefits and two closed periods of temporary total disability benefits
0620164 City of Danville v. Larry Bobby Gene Barton 08/09/2016
Summary affirmance – no error in Commission’s finding that appellee’s benefits should not be terminated
0696164 Republic Services of Virgina, LLC et al. v. George P. Opoku 08/09/2016
Summary affirmance – no error in Commission’s finding that appellee sustained a compensable injury by accident and that his claim was not barred by willful misconduct
0602152 Demetrius Arnez Holmes v. Commonwealth of Virginia 08/02/2016
Trial court did not err in refusing to strike potential juror for cause where record supports trial court’s finding that juror would follow trial court’s instructions based on her responses to trial court’s and attorneys’ questions
1178154 Adrienne Pederson v. Shawn D. Pederson 08/02/2016
No error in trial court’s equitable distribution award where it was based on evidence in record and trial court appropriately considered statutory factors
1649151 Miller Oil Company and Old Republic Insurance Co. v. Catherine Freeman 08/02/2016
No error in Commission’s decision allowing appellee to change her treating physician where it determined that appellee suffered a work-related injury and that treatment of that injury necessitated a change in medical provider
2093154 Adrienne Pederson v. Shawn D. Pederson 08/02/2016
Trial court’s entry of QDROs proposed by appellee affirmed
0321162 Joseph Johnson v. Bearing Contracting t/a Bearing Masonry, et al. 07/26/2016
Summary affirmance – appellant’s failure to comply with Rules 5A:4 and 5A:20 is significant and Court will not consider his arguments
0506161 Louisiana Chemical Dismantling Company and Great Divide Insurance Company v. Charles Russell, III 07/26/2016
Summary affirmance – no error in Commission’s finding that appellee was entitled to temporary total disability benefits from April 10, 2015 and continuing
1510152 Justin B. Friedrichs v. Erica L. Brown 07/26/2016
Trial court did not err in finding that appellant did not prove a material change in circumstances since the most recent custody and visitation order and that appellee was entitled to attorney’s fees and costs where appellant was responsible for prolonging the litigation
1531152 Ciara Lashele Watkins v. Commonwealth of Virginia 07/26/2016
No error in trial court’s finding that the worthless check appellant wrote was issued to satisfy her obligation under the newly formed contract, not to pay an existing debt
1623153 Dustin Crosby Kincaid v. Commonwealth of Virginia 07/26/2016
Evidence was insufficient to prove a contemporaneous intent to distribute methamphetamine where appellant possessed only methamphetamine residue from a glass pipe
1780152 Kathleen Ann McKenna v. George F. Harple 07/26/2016
Summary affirmance – trial court did not err in imputing income to appellant, in refusing to award part of appellee’s retirement funds to appellant, and in awarding attorney’s fees to appellee
0124163 Georgianna Lynn Ayers v. Lynchburg Department of Social Services 07/19/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental right to her child was in child’s best interests where appellant could not recognize and meet her child’s needs
0143164 Sears and Ace American Insurance Company v. Patricia Baltian 07/19/2016
Summary affirmance – no error in Commission’s findings that appellee suffered a left knee injury in a compensable work accident and that the ongoing disability was causally related to the accident
0706154 Robert Leroy Moore, IV v. Commonwealth of Virginia 07/19/2016
Trial court did not err at sentencing in listening to and considering the contents of a jailhouse recording between appellant and his girlfriend
0782152 Tiffany Byrd v. Petersburg Department of Social Services 07/19/2016
Appeal dismissed where orders appeal from were adjudicatory in nature and not final orders for purposes of appeal as they were not entered pursuant to Code § 16.1-278.2
0816153 Angela M. Gregory v. Pamela S. Martin 07/19/2016
Trial court erred by not allowing appellant to present evidence regarding her relationship with the child and in concluding child never had a relationship with appellant
1470154 Calvin E. Williams, Sr. v. Jacqueline Jacobs Williams 07/19/2016
Summary affirmance – judgment of trial court affirmed where appellant failed to provide an adequate appendix to enable Court to address his assignments of error
1732152 Kathy Fitzgerald Harwood v. Buckingham County Department of Social Services 07/19/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her child was in child’s best interest
1942153 Francene K. Meade (Sowards) v. Lenville Jessie Sowards 07/19/2016
Trial court erred in its decision concerning the valuation of appellant’s interest in appellee’s retirement benefits where it impermissibly modified the method by which appellant’s interest should have been calculated
0499162 New Bell Truck Lines, Inc. and Great West Casualty Company v. Danny Jenkins 07/12/2016
Summary affirmance - no error in Commission's finding that appellee was an employee and that appellee sustained a compensable injury by accident that arose out of his employment
0848152 Bradford Lynorris Gaskins v. Commonwealth of Virginia 07/12/2016
Judgment of trial court affirmed as appellant waived his speedy trial claim an appeal due to the lack of an indispensable transcript
1039152 David Gene Thorsted v. Commonwealth of Virginia 07/12/2016
Trial court did not err in denying motion to dismiss as appellant's right to a speedy trial was not violated
1445152 Brando Clifton Carter, s/k/a Brando Scott Carter v. Commonwealth of Virginia 07/12/2016
Trial court erred in finding evidence sufficient to prove appellant agreed to distribute cocaine with any other individual
0083162 Daniel Arceo v. Department of Social Services 07/05/2016
Summary affirmance – in grievance appeal, no basis exists to conclude the hearing officer’s decision was contrary to law.
1043152 Robert John Dodd v. Commonwealth of Virginia 07/05/2016
Motion for a mistrial was not timely made and was therefore waived; trial court did not abuse its discretion in denying motion for mistrial.
1344154 Elizabeth M. Molchany, Guardian ad litem for J.S.D., a minor v. Candice Draughn 06/28/2016
Trial court did not abuse its discretion in awarding primary physical custody of child to appellee or in finding appellee purged her contempt; this Court does not have jurisdiction over trial court’s refusal to find a litigant in contempt
0350164 Republic Services of Virginia, LLC and Indemnity Ins. Co. of N. America v. John Morton 06/21/2016
Summary affirmance – no error in Commission’s finding that appellee’s claim for benefits was not barred by willful misconduct
0007163 Keith Wayne Mabe v. Anita Karen Mabe 06/14/2016
Summary affirmance – trial court did not err in granting appellee divorce where appellant left the marriage with the intent to separate permanently, in refusing to issue appellant a credit for payments on the parties’ vehicle, or in refusing to give appellant a credit for a mortgage payment
1906151 Marlene M. Brown v. Phitroy Gordon 06/14/2016
Summary affirmance – order of trial court awarding custody of parties’ child to appellee affirmed where arguments raised on appeal were not presented to trial court
0001164 Fairfax County School Board v. Michael S. Hall 06/07/2016
Summary affirmance – no error in Commission’s finding that appellee proved a compensable injury by accident and a causal connection between his disability and his injury
0881151 Joshua Charles Moseley v. Commonwealth of Virginia 06/07/2016
Trial court erred in finding evidence sufficient to support appellant’s convictions of statutory burglary and grand larceny where evidence was insufficient to permit application of larceny and burglary inferences of criminal agency to presence of stolen items in vehicle and circumstantial evidence did not link appellant to the offenses beyond a reasonable doubt
1900153 Ronald Redman, Jr. v. Roanoke City Department of Social Services 06/07/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant failed to make substantial progress towards elimination of the conditions leading to child’s placement in foster care and termination was in child’s best interest
0625154 Shelia Renea O'Reilly v. Timothy Patrick O'Reilly 05/31/2016
Summary affirmance – no error in trial court’s order regarding child support and unreimbursed medical expenses of the children
1943152 Sharnice Cromartie v. Hopewell Department of Social Services 05/31/2016
No error in trial court’s finding that there were no suitable relatives for placement of appellant’s children and that termination of appellant’s parental rights to her children was in their best interests
2066153 William Thomas, III v. Elizabeth Faye Owens Thomas 05/31/2016
Summary affirmance – trial court did not err in its interpretation of the premarital agreement to the division of the parties’ property
2261143 Cordell Lionel Carter v. Commonwealth of Virginia 05/31/2016
Trial court did not abuse its discretion in limiting testimony regarding victim’s prior acts of violence and did not err in denying motion to set aside verdict where witness’ testimony was not material to the ultimate finding of guilt by the jury; argument regarding admission of evidence of victim’s threat to kill appellant barred by Rule 5A:18
0039163 Osteopathic Physicians of Charlottesville, Ltd., etc. vs. Fluvanna Correctional Center, et al. 05/24/2016
Summary affirmance – no error in Commission’s determination of prevailing community rate for medical services provided by appellant
0140163 Felicia Elizabeth Feaster v. Harrisonburg Rockingham Social Services District 05/24/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child after finding appellant was unwilling or unable to remedy, within a 12-month period, conditions that resulted in child’s placement in foster care
0717152 Osmand G. Harris, Jr. v. Commonwealth of Virginia 05/24/2016
Trial court did not err in denying appellant’s motion to suppress statements made after he was advised of his Miranda rights and physical evidence obtained from his scooter or in finding evidence was sufficient to support convictions
1796153 Sheldon Lee Mongold v. Harrisonburg Rockingham Social Services District 05/24/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child after finding appellant was unwilling or unable to remedy, within a 12-month period, conditions that resulted in child’s placement in foster care
1883154 Commonwealth of Virginia v. Ventura Linares Caballero 05/24/2016
Order of trial court suppressing statements made by appellee to officers affirmed where Commonwealth failed to timely file transcript of October 23, 2015 motions hearing and that transcript is indispensable for resolution of issues raised on appeal
0472151 Christopher J. Bloodworth v. Commonwealth of Virginia 05/17/2016
No error in trial court’s finding that appellant was in the house damaging property and had taken and carried away valuable materials therein with the intent to permanently deprive the owners thereof
0972151 Maurice Dontrell Boykins v. Commonwealth of Virginia 05/17/2016
Trial court did not err in denying appellant’s motion to suppress where discovery of heroin occurred during a search incident to an unchallenged arrest for obstruction of justice
1042151 Gregory Lewis, s/k/a Gregory David Lewis v. Lisa Lewis 05/17/2016
No error in trial court’s finding that parties’ agreement contained a drafting error resulting from a mutual mistake and regarding reformation of the agreement; trial court erred in awarding attorney’s fees to appellee
1746152 Carrie E. Allen v. Henrico Department of Social Services 05/17/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest where appellant had not substantially remedied conditions leading to child’s being in and remaining in foster care
1867154 Richard Gitter v. Carrie Gitter 05/17/2016
Summary affirmance – no error in trial court’s award of expert witness fees and attorney’s fees to appellee
1932151 Omar Stephens, a/k/a Joe Black Stephens v. Yulia Chrismon 05/17/2016
Summary affirmance – trial court did not err in finding appellant had notice of the hearing dates and in dismissing his appeal for his failure to comply with appellee’s discovery requests and his failure to sign the medical release form requested by the guardian ad litem
2267141 Kenneth R. Merchant v. Commonwealth of Virginia 05/17/2016
Trial court did not abuse its discretion in admitting evidence of unadjudicated criminal activity during sentencing phase of the proceeding where it bore sufficient indicia of reliability
2268141 Brionne Alexander Covil v. Commonwealth of Virginia 05/17/2016
Trial court did not abuse its discretion in admitting two prior conviction orders where the orders unquestionably provide at least some proof of the prior convictions
0024162 Lisa Meria May Gust v. Alexander Mark Gust 05/10/2016
Summary affirmance – trial court did not err in denying appellant’s motion for continuance or in finding prenuptial agreement was valid and enforceable; final decree of divorce affirmed
0099162 The Estate of Floyd Ramsey Sims v. Pike Electric Inc. and Liberty Insurance Corporation 05/10/2016
Summary affirmance – no error in Commission’s denial of benefits where the injuries by accident did not occur in the course of employment
0100162 Phillip Dwayne Stiltner v. Pike Electric Inc. and Liberty Insurance Corporation 05/10/2016
Summary affirmance – no error in Commission’s denial of benefits where appellant’s injuries by accident did not occur in the course of his employment
0225162 VCU Health Systems/Commonwealth of Virginia v. Karen George 05/10/2016
Summary affirmance – Commission did not err in finding appellant was not entitled to an evidentiary hearing, finding doctor was not the authorized treating physician for appellee, or in ordering appellant to provide appellee with a panel of pain management physicians
0753151 Paul David Dayquan Lynch, Jr., a/k/a Paul David Lynch, Jr. v. Commonwealth of Virginia 05/10/2016
No error in trial court’s finding that evidence sufficiently established appellant’s possession of a firearm after having been previously convicted of a violent felony
0901152 Lisa Meria May Gust v. Alexander Mark Gust 05/10/2016
Summary affirmance – trial court did not err in denying appellant’s motion for continuance or in finding prenuptial agreement was valid and enforceable; final decree of divorce affirmed
1164153 Steven Eugene Mascho, Jr. v. Commonwealth of Virginia 05/10/2016
No error in trial court’s finding that evidence was sufficient to prove appellant guilty of grand larceny where trial court could have reasonably disbelieved appellant’s and his father’s testimony and found that appellant absconded with the victim’s property
1550143 Karen Elaine Bryant v. Commonwealth of Virginia 05/10/2016
Trial court did not abuse its discretion in admitting evidence of appellant’s prior reports of sexual assault or err in finding evidence was sufficient to prove intended to mislead when she made the false report to a police officer
0215153 Joshua Marcel Davis v. Commonwealth of Virginia 05/03/2016
Judgment of trial court affirmed where appellant never raised issue of delayed entry of order at pre-trial suppression hearing and Code § 19.2-254 precludes review unless issue is jurisdictional, trial court properly had jurisdiction, review of issue barred by Rule 5A:18, and as timing of order was procedural ends of justice exception does not apply
0760151 Christopher Ray Ballard v. Commonwealth of Virginia 05/03/2016
Trial court erred in admitting hearsay testimony regarding unauthorized credit card activity from one of the victims-conviction of credit card fraud reversed and remanded to trial court; convictions of credit card theft affirmed
0786153 Philip Allen Chambers v. Commonwealth of Virginia 05/03/2016
Trial court did not err in resolving conflicting testimony in Commonwealth’s favor when it credited testimony of officers over that of appellant and found shooting in appellant’s residence was intentional
0800152 Joel Malik Hicklin v. Commonwealth of Virginia 05/03/2016
Trial court did not err in denying appellant’s motion to set aside verdict where no Brady violation occurred as victim’s pending charges in another jurisdiction were not favorable to appellant for impeachment purposes or in finding evidence sufficient to prove appellant possessed a firearm
0861151 Kimberlee Dietz v. Commonwealth of Virginia 05/03/2016
No error in trial court’s finding that evidence was sufficient to prove appellant used an electronic communications system to procure or promote illegal activity with a minor and that appellant acted with lascivious intent
1588152 Jamilla Burney-Divens v. Community Corrections Administration/Commonwealth of Virginia 05/03/2016
No error in Commission’s findings that appellant failed to establish her injury arose out of her employment, that she did not prove an idiopathic condition, and that she failed to demonstrate her accident was caused by an actual risk of her employment
1926152 Jody Chyenne Lambert v. Appomattox County Department of Social Services 05/03/2016
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interests
1983144 William Joseph Hughes v. Commonwealth of Virginia 05/03/2016
No reversible error in trial court’s decision to admit testimony from detective regarding motorcycle clubs and their culture where given cumulative nature of the testimony, circumstances limiting its prejudicial effect, and strength of Commonwealth’s case, its admission did not affect jury’s verdict
0111164 Purcellville Motors, Inc. and Erie Insurance Exchange v. Jack Anthony Farr 04/26/2016
Summary affirmance – no error in Commission’s award of permanent partial disability benefits to appellee
0632152 Cowarren Nathaniel Wiggins v. Commonwealth of Virginia 04/26/2016
No error in trial court’s finding that appellant possessed the marijuana with the intent to distribute it; trial court erred in finding evidence was sufficient to support felony child neglect conviction where evidence did not prove a reckless disregard for child’s life
1582152 Robert Williams v. Prince George Department of Social Services 04/26/2016
Trial court did not err in approving goal of adoption for appellant’s child where appellant had not substantially remedied situation that led to child remaining in foster care
1676153 The Uninsured Employer's Fund v. Charlie Jeffreys 04/26/2016
No error in Commission’s finding that Annie Mosby was not appellee’s employer; Commission erred in finding that appellant waived its argument regarding whether Historical Society/Church was not appellee’s employer
1752152 Robert Williams v. Prince George Department of Social Services 04/26/2016
Trial court did not err in terminating appellant’s parental rights to his child where evidence proved termination was in child’s best interest
1920152 Mark Stadler v. Thyssenkrupp Elevator Corporation and Indemnity Insurance Company of N. America 04/26/2016
No error in Commission’s finding that appellant failed to establish that his right shoulder injury was causally related to his falls
0406152 Anthony E. Buisset, s/k/a Anthony Earl Buisset v. Commonwealth of Virginia 04/19/2016
No error in trial court’s finding that evidence was sufficient to prove value of stolen trailer tongues was $200 or more
0857151 Tanita Everett, s/k/a Tanita Monique Everett v. Commonwealth of Virginia 04/19/2016
Trial court did not abuse its discretion in allowing Commonwealth to impeach its witness with her prior inconsistent statements
1410152 Curtis Dwayne Brockington v. Commonwealth of Virginia 04/19/2016
No error in trial court’s finding that appellant knowingly failed to reregister as a sex offender
1711143 Johnnie Alphonzo Garland v. Commonwealth of Virginia 04/19/2016
Appellant’s argument that jury was not instructed on simple possession and could not convict him of that offense barred by Rule 5A:18 and ends of justice exception does not apply where jury did receive instruction on essential elements of possession of cocaine
0269151 Cary Daniel Parsons v. Commonwealth of Virginia 04/12/2016
No error in trial court’s finding that evidence was sufficient to prove appellant had been convicted of two prior DUI offenses in the preceding ten years
0597153 Robert Lynn McDaniel v. Ginny White Griffith 04/12/2016
Trial court erred in finding appellant was in breach of contract by hiring a contractor to perform construction on home without appellee’s input where such input or approval was not contemplated by the parties to the contract
1518151 Morrison Comprehensive Learning Center, LLC v. Virginia Department of Medical Assistance Services 04/12/2016
Trial court did not err in upholding appellee’s determination that appellant was overpaid for services provided to Medicaid patients and that appellee was entitled to repayment for appellant’s failure to adequately document services
1673153 Susan E. Quillen v. Commonwealth of Virginia, et al. 04/12/2016
Summary affirmance – appellant’s arguments raised on appeal waived where appellant failed to comply with Rule 5A:25 and filed an inadequate appendix that failed to include several significant documents necessary for addressing her assignments of error
1930152 Deljuan Curry v. Hopewell Department of Social Services 04/12/2016
Trial court did not err in finding termination of appellant’s parental rights to his children was in their best interest after finding one of the children was subjected to aggravated circumstances under Code § 16.-283(E)(iv)
2305142 Keith Jerome Anderson v. Commonwealth of Virginia 04/12/2016
Revocation of appellant’s suspended sentence affirmed where appellant waived his hearsay objection by admitting hearsay of same character himself, behavior which may not support a conviction may suffice to justify revocation, and trial court’s decision to revoke suspended sentence not plainly wrong or without evidence to support it
0878154 Miguel Angel Cabanez v. Prince William County Department of Social Services 04/05/2016
Summary affirmance – trial court did not err in consolidating appellant’s case with the case for the children’s mother or in finding evidence was sufficient to terminate appellant’s parental rights to his children
0950151 Vincent Edward Gonzales v. Commonwealth of Virginia 04/05/2016
Trial court erred in denying motion to suppress items seized under authority of search warrant obtained after an unlawful protective sweep revealed a firearm and suspected cocaine
1268152 Virginia Employment Commission v. Brenda R. Cole 04/05/2016
No error in trial court’s finding that appellant’s delayed determination of appellee’s ineligibility for benefits violated the statutory requirement that appellant act promptly and that the failure to act promptly results in appellant’s order that appellee repay her unemployment benefits is void and unenforceable
1452154 Karen Stanton v. Alexandria Department of Community and Human Services 04/05/2016
Summary affirmance – no error in trial court’s finding that appellant termination of appellant’s parental rights to her children was in their best interest where appellant was unable to substantially remedy situation which would have enabled return of children to her
1845151 Wilbert Francisco Laveist v. Rita M. Laveist 04/05/2016
Summary affirmance – final decree of divorce entered by trial court awarding divorce to appellee affirmed
1870151 Federal Express Corporation v. Lashawn Rodgers 04/05/2016
Summary affirmance – Commission did not err in affirming decision of deputy commissioner reinstating temporary total disability benefits and awarding appellee a prescribed hot tub
1908154 United Parcel Service, Inc. and Liberty Insurance Corporation v. Anita Hall 04/05/2016
Summary affirmance – no error in Commission’s finding that the current treatment for the appellee’s left shoulder was casually related to the compensable work accident
1996154 Edwin Reyes v. Bollinger Construction, Inc. and Zurich American Insurance Company 04/05/2016
Summary affirmance – no error in Commission’s finding that appellant was not an employee of a subcontractor of Bollinger Construction
0510153 Brian Hale, s/k/a Charles Brian Hale v. Russell County Department of Social Services 03/29/2016
Summary affirmance – trial court did not err in finding evidence was sufficient to support finding that termination of appellant’s parental rights to his child was in child’s best interest
0526153 Jessica Fields, s/k/a Jessica Faith Fields v. Russell County Department of Social Services 03/29/2016
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove termination of appellant’s parental rights to her child was in child’s best interest
0566151 Bryon Ward Possich v. Commonwealth of Virginia 03/29/2016
No error in appellant’s convictions of two counts of taking indecent liberties with a child where the jury found the testimony of the witnesses was reasonable and not plainly wrong and that testimony supported the convictions
0781152 Wayne Scott Cahoon v. Commonwealth of Virginia 03/29/2016
No error in trial court’s findings that based on the expert testimony and circumstantial evidence appellant possessed morphine with the intent to distribute it and conspired with his brother to distribute controlled substances
1507151 Lonnie Hodges v. Virginia International Terminals and Continental Casualty Co. 03/29/2016
Summary affirmance – appellant’s failure to comply with Rules of Court is significant and Court cannot consider appellant’s appeal
1624152 Alberto Gomez v. Garcia Construction Company, Inc. and American States Insurance Company 03/29/2016
No error in Commission’s determination that appellant failed to file a proper claim for permanent disability benefits prior to the expiration of the statute of limitations where appellant’s letters did not constitute a claim
1903141 Kevin Leon Smith v. Commonwealth of Virginia 03/29/2016
Trial court did not err in finding that appellant’s waiver of counsel was knowing and voluntary and in allowing him to represent himself at trial
1933141 Harold Donnell Livingston v. Commonwealth of Virginia 03/29/2016
Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove an agreement between appellant and another to sell drugs
2042142 Rashad A. Hartridge, Sr. v. Commonwealth of Virginia 03/29/2016
No error in trial court’s evaluation of prosecutor’s credibility regarding peremptory strikes of two black members of the venire
0281152 Victoria Elizabeth Dufresne v. Commonwealth of Virginia 03/22/2016
Petition for Rehearing En Banc granted
0459152 Tammer Chisholm v. Pariser Dermatology Specialists, Ltd. and Hartford Insurance Co. of Midwest 03/22/2016
Summary affirmance – decision of Commission affirmed where appellant failed to include necessary documents in appendix and Court is unable to ascertain whether appellant raised issues presented in assignments of error below
0598153 Jack Stayner v. Harrisonburg Rockingham Social Services District 03/22/2016
Judgment of trial court dismissing appellant’s petitions for custody of his two grandsons affirmed
0843152 Bryant Terrell Martin v. Commonwealth of Virginia 03/22/2016
Any error by trial court in denying appellant opportunity to cross-examine a witness regarding her pending felony charges and in refusing to redact sentencing information from the order used to establish appellant’s prior felony conviction harmless; conviction of possession of a firearm by a violent felon affirmed
0981154 Matthew T. Bailey v. Maureen M. Bailey 03/22/2016
Trial court erred in finding the reduction in appellant’s income did not constitute a material change in circumstances not reasonably contemplated by the parties when they negotiated their settlement agreement
1021152 Christopher T. Takacs v. Heather L. Takacs 03/22/2016
Trial court abused its discretion in approving relocation of the appellee and children to another state without determining whether relocation will substantially impair the relationship between appellant and the children and in awarding attorney’s fees to appellee where it was not reasonable under the circumstances of this case
1220154 Nina Marie Jirinec v. Vladimir Jirinec 03/22/2016
Trial court erred in classifying and valuing Walter Reed Drive property, in distributing sales proceeds from Rio Drive property, and excluding appellee’s income from buying and selling real estate for child support purposes; trial court did not err in awarding limited attorney’s fees to appellant
1739151 Commonwealth of Virginia v. Robert Malick, s/k/a Robert William Malick 03/22/2016
Trial court did not err in granting motion to suppress certain statements made by appellee where they were elicited in a manner that violated appellee’s Fifth Amendment rights and exclusion of those statements was the proper remedy
1832152 Commonwealth of Virginia v. Sharonda Monique Gaiters 03/22/2016
Trial court erred in granting motion to suppress evidence found by officers where officer had reasonable suspicion based on the concerned citizen’s tip and his confirmation of the substance of the tip that appellee was possibly dealing narcotics and it was permissible to detain appellee while officer investigated to confirm or dispel his suspicion
1879143 Scott Christman Miles, etc. v. Commonwealth of Virginia 03/22/2016
Trial court did not err in allowing expert’s testimony where that testimony provided the jury with a specialized perspective of the crime scene and the victim not a suggestion of the profile of the perpetrator
1918154 Roto-Rooter Services Company and Zurich American Insurance Company v. Eugenio Abraham Murga, Sr. 03/22/2016
Summary affirmance – no error in Commission’s finding that evidence was sufficient to prove injuries appellee sustained on July 6, 2014 were casually related to an injury by accident arising out of his employment on May 21, 2008
1169154 United Airlines, Inc. v. Bryan Andrew Taylor 03/15/2016
Commission erred in finding evidence proved appellee’s injury arose out of his employment
1226153 Debra La'Shaun Blocker v. Lynchburg Department of Social Services 03/15/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of her children even though appellee did not offer appellant inpatient treatment
1293154 Huy K. Le v. Mai T. Ngo 03/15/2016
Summary affirmance – no error in trial court’s order awarding appellee child support and establishing arrears
1464152 Michael Bellflower v. Hopewell Department of Social Services 03/15/2016
Trial court did not err in terminating appellant’s parental rights to two of his children and approving foster care plans with goal of adoption where appellant was still not able to provide adequate shelter and food for the children
1603151 Commonwealth of Virginia v. Jevon Glenn Augustus, Sr. 03/11/2016
Trial court did not err in finding that police lacked a reasonable suspicion that the defendant was involved in a drug transaction; ruling on motion to suppress affirmed
0392154 Tara Lynne Martini v. Commonwealth of Virginia 03/08/2016
Trial court did not err in denying appellant’s request for a court reporter where audio recordings of the hearings together with the statement of facts served the same function as a transcript, in denying appellant’s motions to suppress; evidence was sufficient to support appellant’s conviction of DWI, second offense within ten years
0500152 Charles Lamaar Sharp v. Commonwealth of Virginia 03/08/2016
Trial court erred in finding Commonwealth proved appellant’s identity theft charge occurred in the City of Richmond
0591154 Tamim M. Ibrahimi v. Michele R. Ibrahimi 03/01/2016
Trial court did not err in awarding attorney’s fees to appellee
0711152 Selena Angela Gudino v. Dennis Eli Gudino 03/01/2016
Summary affirmance – order regarding custody and visitation of parties’ minor children affirmed
0766153 Franklin Whitfield Jackson v. Commonwealth of Virginia 03/01/2016
No error in trial court’s finding that evidence presented established that appellant made an offending statement to the victim either directly or while speaking to her brother within her earshot and that appellant invited victim to enter his vehicle for purpose of engaging in sexual activity; conviction of taking indecent liberties with a child affirmed
1461153 Tara Shantell Robertson v. Roanoke County Department of Social Services 03/01/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1834144 Stephen Michael Blanton v. Commonwealth of Virginia 03/01/2016
Trial court did not err in denying appellant’s motion to suppress evidence recovered from a traffic stop where appellant’s waiver of his Fourth Amendment rights in a previous plea agreement was valid as it applies to appellant’s seizure in this case
2003144 Tony Garcia, a/k/a Eddy Alvarez, s/k/a Eddy S. Alvarez v. Commonwealth of Virginia 03/01/2016
No error in trial court’s decision to admit bond recognizance form as it was relevant and admissible; evidence was sufficient to support jury’s conclusion that appellant willfully failed to appear
0473153 James Lelin Salmons v. Commonwealth of Virginia 02/23/2016
Trial court erred in concluding two counts of aggravated sexual battery were part of a common scheme and in joining the cases for trial; convictions reversed and remanded to trial court for new trials
0921141 Anthony Lamont Purvis v. Commonwealth of Virginia 02/23/2016
Trial court did not err in denying appellant’s motion to suppress where search of appellant’s person was justified as a search incident to arrest and the search of appellant’s vehicle was consensual
1036154 Dominic L. Layao v. LLI Enterprises, Inc. and Travelers Indemnity Company 02/23/2016
Summary affirmance – appellant’s failure to comply with Rule 5A:20 is significant and Court will not consider issues raised on appeal
1372144 Hugo Quisque v. Commonwealth of Virginia 02/23/2016
No error in jury’s conclusion that the victim was asleep and physically helpless at the time of the unwanted sexual contact; conviction of rape affirmed
1387154 Dominic L. Layao v. LLI Enterprises, Inc. and Travelers Indemnity Company 02/23/2016
Summary affirmance – appellant’s failure to comply with Rule 5A:20 is significant and Court will not consider issues raised on appeal
1467153 Faith R. Allen v. Department of Human Resource Management, et al. 02/23/2016
Summary affirmance – no error in trial court’s decision dismissing appellant’s petition for judicial review
1508152 Elizabeth A. Foster v. Randy A. Foster 02/23/2016
Summary affirmance – trial court did not err in awarding physical custody of the parties’ children to appellee
1548153 Larry Darnell Borden, s/k/a, etc. v. Roanoke County Department of Social Services 02/23/2016
No error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interest
0113143 Rosendo E. Juarez v. Commonwealth of Virginia 02/16/2016
Appellant’s conviction of rape affirmed where appellant waived his claims that trial court erred by refusing to conduct an in camera review of items in possession of Commonwealth and that trial court erred in quashing a subpoena duces tecum
0703152 Sara Logan Howe v. Albemarle County Department of Social Services 02/16/2016
Trial court did not err in approving the foster care plan with the goal of adoption for appellant’s child
0704152 Sara Logan Howe v. Albemarle County Department of Social Services 02/16/2016
Trial court did not err in terminating appellant’s parental rights to her child where appellant did not substantially remedy conditions that initially necessitated foster care placement of child
1210153 Jacques Beim v. Roanoke County Department of Social Services 02/16/2016
No error in trial court’s findings that children were abused and neglected because they faced an imminent threat to life or health and that there was no less drastic alternative than removal and placement in foster care
1272151 Donnell M. Spruill v. Chesapeake Department of Human Services 02/16/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interests
1572151 Jannifer Spruill v. Chesapeake Department of Human Services 02/16/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where trial court found termination was in best interests of children
1615143 Sylvester Matthew Cheatham v. Commonwealth of Virginia 02/16/2016
Trial court did not err in refusing appellant’s proffered instruction on self-defense where he was not entitled to that instruction where the degree of force used was not reasonable in relation to the harm threatened by victim; no reversible error in trial court’s permitting Commonwealth to pose leading questions to witness
1873141 Santino Wolfe v. Commonwealth of Virginia 02/16/2016
Trial court did not err in admitting certificates of analysis as any doubts as to chain of custody went to the weight of the evidence, not its admissibility, in refusing to set aside the verdicts for insufficient evidence, or in refusing to set aside the jury’s verdicts as inconsistent
0100151 Chris V. Smalls v. Maryellen C. Smalls 02/09/2016
Summary affirmance – appellant’s arguments raised on appeal waived for failure to comply with Rule 5A:20
0281152 Victoria Elizabeth Dufresne v. Commonwealth of Virginia 02/09/2016
Trial court erred in denying appellant’s motion to set aside the verdict and finding her guilty of grand larceny where grand larceny is not a lesser-included offense of robbery; matter remanded to trial court for further proceedings for petit larceny if Commonwealth be so advised
0394151 Gregory L. Allen Spaulding v. Commonwealth of Virginia 02/09/2016
Trial court erred in denying appellant’s motion to suppress where the Commonwealth failed to provide any facts to support a constitutional basis for the warrantless search of appellant’s pants’ pockets
0659152 Brian Grogan v. Virginia Airlink, LLC and Uninsured Employer's Fund 02/09/2016
Summary affirmance – no error in Commission’s finding that appellant was not entitled to disability and medical benefits because he was not an employee of appellee
1054154 Deslannee Barksdale v. Manassas City Department of Family Services 02/09/2016
Summary affirmance – termination of appellant’s parental rights to her child affirmed where appellant’s failure to challenge the termination under Code § 16.1-283(C)(2) renders moot her challenge to the termination under Code § 16.1-283(B)
1199151 Vanessa Earls v. Virginia Beach Department of Human Services 02/09/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence was sufficient to find appellant failed to remedy conditions leading to child’s placement in foster care and that termination was in child’s best interest
1232151 Ashly Nicole Brown v. Marvin Williams and Sandra Williams 02/09/2016
No error in trial court’s finding that appellant’s consent to the adoption was being withheld contrary to the best interests of the child; interlocutory order of adoption affirmed
1499151 Teresa A. McDonough v. American Capital Funding, LLC and Maryland Casualty Company 02/09/2016
Summary affirmance – no error in Commission’s finding that appellant failed to prove she suffered from the occupational disease of carpal tunnel syndrome or that she suffered a compensable injury by accident
2134144 David L. Host v. Winfrey R. Host 02/09/2016
Upon a Rehearing – child support provision of parties’ agreement is void as it seeks to prevent a court from exercising its power to decree child support
0062152 Perry Edward Jones v. Lori Gates Jones 02/02/2016
Appeal of Military Retired Pay Qualifying Division Order entered by trial court affirmed in part and reversed and remanded to trial court in part; appeal dismissed in part as trial court had not entered a final order resolving dispute over attorney’s fees and costs at time of appeal
0751151 Tyrone Williams v. Commonwealth of Virginia 02/02/2016
Trial court erred in finding it had venue over obstruction of justice charge where the entire offense was committed in City of Virginia Beach
0790152 University of Virginia Medical Center v. Susan Jordan 02/02/2016
Trial court did not err in upholding the hearing officer’s decision reinstating appellee and awarding her back pay
1325151 Al Chang Zhang v. Shiao Yu Tung 02/02/2016
Summary affirmance – arguments regarding child support and monetary award waived; no error in trial court’s findings regarding award of attorney’s fees and costs and valuation of parties’ business
1542154 US Airways Group, Inc. v. Marcia Morgan and Michael April, M. D. & Associates 02/02/2016
Summary affirmance – no error in Commission’s finding that medical treatment rendered by Dr. April was reasonable, necessary, and causally related to Morgan’s work accident and was authorized
1568152 Tier 1, L.L.C. and Technology Insurance Company v. David Alberto Sandres-Sanchez 02/02/2016
Summary affirmance – no error in Commission’s finding that evidence was sufficient to prove appellee was an employee of Tier 1, not an independent contractor, when he sustained an injury by accident arising out of his employment
1647154 The Uninsured Employers' Fund v. Silder A. Martinez 02/02/2016
Summary affirmance – Commission did not err in awarding appellee total disability and medical benefits after finding employer did not prove it had less than three employees regularly in service
0173153 Demetrius Tarpley v. Commonwealth of Virginia 01/26/2016
Rule 5A:18 bars consideration of appellant’s assignment of error where appellant’s argument on appeal was not made in trial court
0693154 Samantha Irene Carrano v. Frank Albert Carrano 01/26/2016
Trial court erred in declining to assess attorney’s fees, holding appellee was required to provide health insurance for his stepson only if that insurance proved to be of little or no cost, and fashioning a purge plan that constituted an effective modification of the parties’ agreement
1394152 Commonwealth of Virginia v. Derrell Renard Brown 01/26/2016
Trial court erred in granting appellee’s motion to suppress where the totality of the circumstances provided the officers with probable cause to arrest the appellee for trespassing and to search him incident to that arrest
1471154 Coca-Cola Refreshments USA, Inc. and Indemnity Insurance Company of North America v. Craig Theimer 01/26/2016
Summary affirmance – no error in Commission’s award to appellee of medical and temporary total disability benefits for a lower back injury
1530141 Emanuel Dale Ellis v. Commonwealth of Virginia 01/26/2016
No reversible error in trial court’s decision to redact Facebook photo and exclude timestamp from evidence
0003154 Russell J. Ferguson v. Santee, Inc. and Commonwealth Contractors Group Self-Insurance Association 01/19/2016
Summary affirmance – Court will not consider appellant’s arguments on appeal due to his failure to comply with Rules 5A:4 and 5A:20
0540152 Charles Lee Belle v. Maira J. Belle 01/19/2016
Trial court erred in denying appellant’s motion to set aside the decision awarding the parties a divorce based on the uncorroborated testimony of the parties
0839152 Bon Secours St. Mary's Hospital v. Cynthia B. Jones, Director, et al. 01/19/2016
Trial court did not err in affirming decision of appellee with regard to initial certifications of six recipients and recertifications as to all recipients at issue; trial court erred in affirming decision of appellee with regard to initial certifications of three recipients
1060151 Lotoria Carlos v. Virginia Beach Department of Human Services 01/19/2016
Summary affirmance – no error in trial court’s finding that appellant’s child was at risk of abuse and neglect or in ordering that child’s paternal aunt have custody of child
1189151 Karin Landry v. Atlantic Protective Services and Travelers Indemnity Company of America 01/19/2016
Summary affirmance – no error in Commission’s finding that appellant was not entitled to an award of temporary total disability benefits
1411153 Dana Lowe v. Daikin Applied Americas and Travelers Indemnity Company of America 01/19/2016
Summary affirmance – no error in Commission’s finding regarding date appellant received notification of the diagnosis of her occupational disease or in its denial of her request for benefits for certain periods
0828153 Donna Webb v. Tazewell County Department of Social Services 01/12/2016
Rule 5A:18 bars appellant’s argument that a procedural defect in the underlying petition to terminate her parental rights violated her due process rights; decision of trial court terminating appellant’s parental rights to her child affirmed
1241151 Ciara Malaine Grindle v. Virginia Beach Department of Human Services 01/12/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1414152 HEI Hospitality and North River Insurance Company v. Veronica Almaraz, et al. 01/12/2016
Summary affirmance – no error in Commission’s award of medical benefits and temporary total disability benefits for an injury occurring on July 24, 2014
1573141 Michael Willis Johnson v. Commonwealth of Virginia 01/12/2016
Trial court did not err in denying appellant’s motion to suppress where it found appellant did not unambiguously assert his right to remain silent or in finding evidence sufficient to prove appellant knowingly possessed the oxycodone and had the intent to distribute the cocaine
2127142 Curtis Leon Finley, a/k/a Lil Curtis v. Commonwealth of Virginia 01/12/2016
Trial court did not err in refusing to require the Commonwealth to disclose certain evidence to appellant under Brady where appellant has failed to establish that the information he sought was favorable or that he suffered prejudice as a result of the Commonwealth’s suppression of it
0154151 William Thaddeus Perry v. Commonwealth of Virginia 12/29/2015
No error in trial court’s finding that appellant acted with the requisite intent to prove he resisted arrest as defined by Code § 18.2-479.1
0312152 Andre Cordell Mason, Jr. v. Commonwealth of Virginia 12/29/2015
Trial court erred in allowing Commonwealth to present evidence during revocation hearing regarding allegations for which appellant had not received written notice
0180151 Charles Curry, s/k/a Charles Jerome Curry v. Commonwealth of Virginia 12/22/2015
Revocation and imposition of appellant’s sentence affirmed where court, in 2013, had no authority to amend sentence imposed in 2007, that order was void ab initio, the revocation order did not “extend” appellant’s sentence, and appellant had adequate notice of the proceedings
0227152 Christopher Dwayne Nelson v. Commonwealth of Virginia 12/22/2015
No error in trial court’s finding that evidence was sufficient to prove appellant had notice of his trial date and willfully failed to appear
0401151 Stephone Amos Foreman v. Commonwealth of Virginia 12/22/2015
Trial court did not err in denying appellant’s motion to suppress evidence found as a result of a frisk where evidence was not found as a result of a frisk but rather in plain view after appellant was lawfully removed from the vehicle
0801151 Shauntae D. McKiver v. Portsmouth Department of Social Services 12/22/2015
Trial court did not err in terminating appellant’s parental rights to her children and approving the foster care plans with a goal of adoption after finding evidence was sufficient to prove termination was in children’s best interest
1160152 Commonwealth of Virginia v. Charvelle Louis Collins 12/22/2015
Trial court erred in granting appellant’s motion to suppress where officer had reasonable suspicion to conduct traffic stop where officer suspected appellant’s music was plainly audible from a distance of fifty feet or more and was violating City of Richmond Code § 38-40
1557141 Maurice Alexander Williams v. Commonwealth of Virginia 12/22/2015
Trial court did not err in finding Commonwealth laid a proper foundation and admitting the surveillance videotape and allowing the witnesses to testify about the recording’s content; evidence was sufficient to prove appellant stole the merchandise
2196142 Ashley Unger, s/k/a Ashley Michelle Unger v. Commonwealth of Virginia 12/22/2015
Trial court erred in ruling that “legal testimony” as used in Code § 18.2-459 refers only to argument and in denying appellant the opportunity to present evidence in the circuit court proceeding
0060151 Gerald Henderson v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant had the requisite intent to break and enter for the purpose of committing assault and battery and that he engaged in a direct but ineffectual act toward the crime’s commission
0414152 Kathy F. Harwood v. Buckingham County Department of Social Services 12/15/2015
Summary affirmance – trial court’s foster care plan for appellant’s child affirmed where two of appellant’s issues are barred by Rule 5A:18 and one issue is waived where it is not addressed in appellant’s brief
0432151 Joseph Michael Bista v. Commonwealth of Virginia 12/15/2015
Decision of trial court finding venue was proper in the City of Williamsburg affirmed where it is undisputed that offense occurred within one mile of the City of Williamsburg boundary and Code § 19.2-250(A) allows venue in the City
0685141 David Chad Spitler v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant committed assault and battery of a family member based on testimony of victim and officer and photographs of victim’s injury
0852152 Kathy F. Harwood v. Buckingham County Department of Social Services 12/15/2015
Summary affirmance – trial court’s foster care plan for appellant’s child affirmed where appellant failed to file a transcript indispensable to a determination of the issues raised with regard to this order
1125151 Commonwealth of Virginia v. Merari Acosta-Moreno 12/15/2015
Decision of trial court suppressing appellee’s statements reversed where trial court based its decision on an incorrect recollection of the testimony
1327144 Christopher Scott Weberg v. Commonwealth of Virginia 12/15/2015
No error in trial court’s denial of appellant’s motion to dismiss for violation of his speedy trial rights where trial court correctly found Code § 19.2-243’s nine-month period applied
1656144 Hamza Osman v. Commonwealth of Virginia 12/15/2015
Trial court did not err in denying appellant’s motion to suppress where officer had sufficient, objective facts and circumstances to reasonably conclude that appellant was driving under the influence and had probable cause to remove appellant from the vehicle and arrest him
2352141 Joel Kenneth Simmons v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant possessed the knife in his sleeve with the intent to use it in furtherance of a larceny, robbery, or burglary
0204154 Mohammed Boukhira v. George Mason University/Commonwealth of Virginia 12/08/2015
No error in commission’s finding that its July 12, 2013 opinion was a final decision on the merits and correctly applied doctrine of res judicata, correctly interpreted its orders as not preserving appellant’s further claims, and did not err in holding that the evidence did not prove a change in condition
0251151 Johnathan Bernard Outsey v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that evidence was sufficient to prove appellant possessed the requisite intent to defraud under Code § 18.2-118
0296152 Jimmy Joe Williams v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intentionally concealed his handgun
0714154 Steven Parasidis, et al. v. Margaret Karageorge 12/08/2015
Arguments regarding trial court’s authority to find appellant in civil contempt and decision to strike any defenses he may have raised to fraudulent conveyance action barred by Rule 5A:18; trial court’s finding of civil contempt and imposition of sanctions affirmed
1028153 Timothy Allen Guill v. Campbell County Department of Social Services 12/08/2015
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest
1158153 Phillip S. Pool, LLC, t/a C & C Mini Market v. Virginia Alcoholic Beverage Control Board 12/08/2015
Summary affirmance – no error in trial court’s finding that appellee had substantial evidence to rely on in revoking appellant’s license to sell wine and beer off premises
1355141 Alfred Lamar Diggs v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s motion to suppress where circumstances provided a basis for officer to form a reasonable suspicion that appellant was driving a vehicle with an illegal inspection sticker
1503142 Wade A. Malone, Jr. v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable suspicion that appellant was involved in criminal activity and appellant’s actions justified officer’s response
1653141 John Richard Taylor v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that appellant was in a custodial or supervisory relationship with the victim when the offense of taking indecent liberties with a minor occurred
1753141 Clyde Edmond Stackfield v. City of Hampton 12/08/2015
Trial court abused its discretion in admitting inadmissible hearsay; appellant’s conviction of trespassing reversed and remanded to trial court
1950141 Ulysses Lee Keeling v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s request for a jury instruction on excusable self defense, in denying the admission of the victim’s prior bad acts, and in denying the admission of the victim’s toxicology report
2240141 Keenan Martin v. Commonwealth of Virginia 12/08/2015
Trial court abused its discretion in admitting additional bank statements without an adequate foundation where the Commonwealth did not establish that the additional statements are outside of the scope of hearsay as computer generated evidence or that they fall within any hearsay exception
0688154 Gloria J. Hoffman v. Alsco, Inc. and Ace American Insurance Company 12/01/2015
Summary affirmance – Court finds appellant’s failure to comply with Rules 5A:20 and 5A:25 significant and will not consider the assignments of error raised on appeal
0964151 Peter Donald Lommen v. Shannon Nettles Lommen 12/01/2015
Summary affirmance – trial court’s denial of appellant’s motion to amend spousal support affirmed
0278152 Gregory Daughtry v. Boar's Head Provisions Company, Inc. and American Zurich Insurance Company 11/24/2015
Summary affirmance – decision of Commission affirmed where appellant does not assign error to any aspect of the decision appealed from
0484152 Surgi-Center of Central Virginia v. McLane Company, Inc. and New Hampshire Insurance Company 11/24/2015
No error in Commission’s finding that appellant’s medical bills for medical treatment to an employee of appellee were properly reduced pursuant to a series of preferred provider contracts
1462143 Kenneth Allen Bortzer v. Commonwealth of Virginia 11/24/2015
Trial court did not err in granting Commonwealth’s motion in limine excluding questions which would confuse the jury on routine details, an inquiry properly disposed of by the trial court prior to trial, instead of the elements of the offenses tried before it
1595142 Marvin James Kersey v. Commonwealth of Virginia 11/24/2015
No error in trial court’s finding that evidence was sufficient to prove appellant aided and abetted in the commission of the offenses and shared the perpetrators’ criminal intent
1641142 Kimberly M. Sharp v. Commonwealth of Virginia 11/24/2015
No error in trial court’s finding that lease-purchase agreement appellant signed constituted a lease under Code § 18.2-118, that withholding personal property in violation of the terms of that agreement was a violation of the statute, and that appellant possessed the requisite fraudulent intent to withhold the property
2066144 LaDawn Shrieves King v. Dwayne E. King 11/24/2015
Final decree of divorce affirmed
2107141 Joseph Andre Moore v. Commonwealth of Virginia 11/24/2015
Trial court erred in finding evidence was sufficient to prove appellant was aware of the drugs found under the seat of the vehicle and no considerable evidence beyond appellant’s mere proximity to the drugs and his occupancy of the vehicle linked him to the contraband
2165141 Henry H. Russell, Jr. v. Commonwealth of Virginia 11/24/2015
Evidence was insufficient to support convictions of grand larceny and larceny with intent to sell where evidence proved appellant was a co-owner of the personal property taken from the house
0038153 Dominique Desmond Hampton v. Commonwealth of Virginia 11/17/2015
No error in trial court’s finding that evidence was sufficient to prove rifle appellant used was a real firearm, was a deadly weapon based upon the manner in which it was used, and had the appearance of being a firearm
0627152 Andre Harris v. Henrico County Department of Social Services 11/17/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant failed to provide or substantially plan for child’s future or how he would provide for child’s special needs
0755152 Cory Aubrey Swisher v. Albemarle County Department of Social Services 11/17/2015
Summary affirmance – trial court did err in terminating appellant’s parental rights to his child
0758152 Cory Aubrey Swisher v. Albemarle County Department of Social Services 11/17/2015
Summary affirmance – trial court did not err in approving the foster care goal of adoption
1128143 Ronald Wayne Bray v. Commonwealth of Virginia 11/17/2015
Trial court did not err in convicting appellant of four sets of three offenses and sentencing him separately on each conviction where while the offenses involved some common evidence, no one offense contained all the elements of the other two offenses; no double jeopardy or Code § 19.2 294 violation
1367144 Darren Gregory v. Olga Gregory 11/17/2015
Trial court erred in awarding spousal support and attorney’s fees to appellee where trial court found her testimony not credible and then based its awards on that non-credible testimony
1465143 Brenton Demoun Jones v. Commonwealth of Virginia 11/17/2015
Trial court did not err in denying appellant’s motion to suppress where the drugs found on appellant’s person were admissible under the inevitable discovery doctrine
1966144 Wendie Ann Palermo v. Steven Epple 11/17/2015
Judgment of trial court reversed and remanded for further proceedings where all necessary parties were not joined in this case in the trial court
0152143 Cassell Clark Fitzgerald. Jr. v. Commonwealth of Virginia 11/10/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable articulable suspicion that appellant had a concealed weapon and was engaged in criminal activity and was armed and dangerous and officer was justified in seizing weapon based on plain feel that object in appellant’s pocket was a gun
0451153 Jennifer Wisman v. Harrisonburg Rockingham Social Services District 11/10/2015
Summary affirmance – trial court’s issuance of protective order affirmed where trial court did not err in finding appellee did not request a change in custody and the ordered conditions did not change legal custody; trial court applied correct standard of proof and appellee presented sufficient evidence to support transfer of physical custody of child
0565141 Riana Michelle Rich v. Commonwealth of Virginia 11/10/2015
No error in trial court’s finding that appellant caused the accident and that her actions were criminally negligent
0756153 Cecil Moore v. Lee County Department of Social Services 11/10/2015
Trial court did not did not rely solely on appellant’s incarceration and did not err in terminating appellant’s parental rights to his children
0944154 Commonwealth of Virgina v. Guy Douglas Dubois, Jr. 11/10/2015
Petition for appeal dismissed where neither notice of appeal filed in trial court was sufficient to confer jurisdiction on this Court
1687143 Michael Wayne Stallings v. Commonwealth of Virginia 11/10/2015
No error in trial court’s finding that evidence was sufficient to prove that appellant knowingly or intentionally possessed a controlled substance
1700143 Wesley Adam Williams v. Commonwealth of Virginia 11/10/2015
No error in jury’s finding that evidence was sufficient to prove appellant was shooting in the direction of the officer with the intent to kill him
1891141 Anthony Bryant Cummings v. Commonwealth of Virginia 11/10/2015
Trial court did not err in allowing the Commonwealth to amend the indictment where the amendment did not change the nature and character of the offense; sufficiency of the evidence argument barred by Rule 5A:18
0708153 James C. Jones, Jr. v. Karen L. Jones 11/03/2015
Judgment of trial court deviating from child support guidelines and finding that neither party shall pay child support to the other affirmed
0956141 Lonnie Joe Salone v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was in constructive possession of the firearm found in area where appellant began making furtive movements when officer attempted to pull vehicle over
1117144 Marion Kenneth Allen, Jr. v. Commonwealth of Virginia 11/03/2015
Trial court did not err in refusing to strike prospective juror for cause where juror’s answers showed no bias; jury was not plainly wrong in rejecting appellant’s hypothesis of innocence or in finding evidence was sufficient to support appellant’s convictions of robbery and use of a firearm in the commission of robbery
1781142 Lashawn M. Miles v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant’s conduct constituted direct action calculated to prevent and obstruct officer from performing his duties; appellant waived her challenge to the trial court’s ruling foreclosing closing argument
1853143 Billy Ray Wilson v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was the driver of the vehicle or in admitting appellant’s statement to the trooper
2134144 David L. Host v. Winfrey R. Host 11/03/2015
No error in trial court’s interpretation of support provisions of parties’ final decree or its finding that the resulting awards of attorneys’ fees and support arrearages were consistent with the agreement of the parties
2135143 Clifford Ronald Dugan, Jr. v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the methamphetamine found in his truck
2221143 Myron Lamar Rhodes v. Harrisonburg Rockingham Social Services District 11/03/2015
No error in trial court’s finding that child’s behavior was caused by appellant’s actions; trial court did not err in entering the protective order and ordering supervised visitation
0352154 Republic Services of Virginia, L.L.C. and Old Republic Insurance Company v. Angel J. Candio 10/27/2015
Commission did not abuse its discretion in denying appellants’ motion to go forward on the merits in appellee’s absence or by dismissing appellee’s claim without prejudice for his failure to comply with discovery orders and his failure to appear at the hearing
0384152 Virginia Department of Environmental Quality v. The East End Landfill, LLC 10/27/2015
Trial court did not err in reversing appellant’s decision that it did not have authority to continue to review appellee’s application and remanding matter back to appellant for further proceedings; trial court erred in awarding costs and attorney’s fees to appellee where appellant’s position was not unreasonable
0605141 Antoine Lamont Creecy v. Commonwealth of Virginia 10/27/2015
Trial court did not abuse its discretion in declining appellant’s proposed instructions on the lesser included offense of simple possession where mere speculation that the cocaine and heroin could have been for personal use is not independent, affirmative evidence showing a lack on an intent to distribute
0695152 Shawanna D. Smith v. Howard Kelly Smith 10/27/2015
Summary affirmance – trial court did not abuse its discretion in finding that it was in the best interest of the children for appellee to continue to have primary physical custody of them
2371132 Arrie C. Clements v. James W. Clements 10/27/2015
Summary affirmance – judgment of trial court affirmed where appendix filed in this case is inadequate to enable Court to address her assignments of error
0004151 Kevin S. Godwin v. Kathy L. Godwin 10/20/2015
Summary affirmance – trial court did not err in imputing income to appellant and ordering him to pay spousal support to appellee or in allowing appellee to call witness
0249154 Henry F. Brandenstein, Jr. v. Janet R. Brandenstein 10/20/2015
Trial court erred in finding that support provisions of marital settlement agreement were ambiguous and not self executing, in setting a support arrearage, and in finding appellant in contempt
0296141 Alvin Daniel Gatewood v. Commonwealth of Virginia 10/20/2015
Trial court did not abuse its discretion in determining contested victim impact testimony was admissible from the victim’s uncle at the sentencing phase of the trial
0542154 Northampton County and Virginia Association of Counties Group Self-Insurance v. Mark Somers 10/20/2015
Award of temporary total disability beginning May 8, 2014 and continuing reversed where commission erred in finding appellee’s April 8, 2014 filing was a change in condition application and not barred by the statute of limitations; remainder of award affirmed
0851154 Esperanza M. Garcia-Guzman v. Celina Cleaning Services, Inc. and The Uninsured Employers' Fund 10/20/2015
Summary affirmance – no error in commission’s denial of benefits to appellant where she failed to establish her injury arose out of her employment
1048154 James Stone v. Skyline Automotive, Inc. and Accident Fund National Insurance Company 10/20/2015
Summary affirmance – no error in commission’s finding that appellant’s claim was not timely filed and was barred by the statute of limitations and that appellant did not prove his neck condition was related to the original compensable accident
2068141 Josiah A. Cary v. Commonwealth of Virginia 10/20/2015
Trial court did not err in finding evidence sufficient to support conviction of disorderly conduct where appellant’s actions were not sufficient to be otherwise punishable under Title 18.2 of the Code to invoke other crimes proviso of Code § 18.2-415
0934154 Fairfax County School Board v. Carolyn Washington 10/13/2015
Summary affirmance – no error in commission’s finding that appellee’s stroke was caused by her workplace accident; issue regarding adequacy of the commission’s opinion for purposes of Code § 65.2-705 barred by Rule 5A:18
1159143 William E. McGuire v. VDOT-Tazewell/Commonwealth of Virginia 10/13/2015
Commission did not err in terminating appellant’s benefits where it found application for hearing was sent to appellant and his counsel in compliance with Commission Rule 1.4(A), in determining credible evidence supported finding that appellant was released by his treating physician, and did not abuse its discretion in relying on medical evidence already in the record
1244142 Drew Joseph Harrison v. Commonwealth of Virginia 10/13/2015
No error in trial court’s finding that evidence was sufficient to prove appellant acted against the will of the victim or in finding appellant did not carry his burden of proving the existence of an agreement between appellant and the Commonwealth to nolle prosequi the charges upon completion of a therapy program
1609142 Joshua Ryan Bevels v. Commonwealth of Virginia 10/13/2015
Trial court did not abuse its discretion in admitting evidence of a separate drug transaction under the general scheme exception to the general rule of exclusion of other crimes evidence
2332141 Richard William Majeski, III v. Commonwealth of Virginia 10/13/2015
Trial court lacked authority under Rule 1:1 to modify terms of appellant’s suspended sentence since it found appellant had not violated trial court’s final sentencing order; order entered on November 21, 2014 vacated
0018154 Orel Jordan Chollette v. Robert Keeling and Kristin Keeling 10/06/2015
Trial court did not err in denying appellant’s motion to intervene in an adoption proceeding where record fails to establish his paternity
0262153 Daryl Wayne Peake v. Brandy English Brown Peake 10/06/2015
Summary affirmance - Final decree of divorce regarding equitable distribution, spousal support, child support, and award of attorney’s fees to appellee affirmed
1741142 Andrew Steve Barrett v. Commonwealth of Virginia 10/06/2015
Trial court did not err in denying appellant’s motion to suppress where officer had a particularized and objective basis to suspect appellant was engaged in drug distribution or in reconsidering and reversing its bench ruling excluding testimony of officer
2202144 Austin Albert Callahan v. Commonwealth of Virginia 10/06/2015
Evidence was sufficient to support jury’s finding that appellant meant to make a bomb, not a firework; trial court did not err in refusing to instruct jury on possession of an illegal firework as it was not a lesser-included offense
0380154 Patrick Ferguson v. McCormick & Schmick and American Zurich Insurance Company 09/29/2015
Evidence supports finding of commission that appellant was not totally disabled after April 21, 2014 and properly denied request for temporary total disability benefits; additional issues raised by appellant barred by Rule 5A:18
2247144 Lubna Aijaz v. Fairfax County Department of Family Services 09/29/2015
No error in trial court’s finding that termination of appellant’s parental rights to her child was in best interests of child and that appellant had been unwilling or unable to remedy conditions leading to child’s placement in foster care
0332152 Monica Harvey v. Old Dominion University/Commonwealth of Virginia 09/22/2015
No error in commission’s finding that appellant failed to prove a basis for a second opinion at employer’s expense
0559152 Commonwealth of Virginia v. Joseph Dee Morrissey, a/k/a Joseph D. Morrissey 09/22/2015
Appellee’s motion to dismiss granted and appeal dismissed where this Court lacks jurisdiction to review the circuit court’s dismissal of indictments based on its interpretation of the immunity provision of a plea agreement
0883142 Christopher Allen Brantley v. Commonwealth of Virginia 09/22/2015
Trial court did not err in crediting the testimony of the Commonwealth’s expert that the injuries to the child resulted from abusive head trauma and to conclude appellant was guilty of child abuse
1464142 Charles Xavier Rankins v. Commonwealth of Virginia 09/22/2015
Trial court did not err in refusing appellant’s proffered instruction on defense of others where there was no evidence victim threatened death or bodily harm to appellant’s family members
1774134 Juan Demetrio Mirones Ramos v. Commonwealth of Virginia 09/22/2015
Evidence was sufficient for jury to conclude that appellant drove the vehicle on a public highway while intoxicated within three hours of his arrest – convictions of driving under the influence and unreasonably refusing to submit to a blood or breath test affirmed
1799144 Levar Raheem Burton v. Commonwealth of Virginia 09/22/2015
Trial court did not err in denying appellant’s motion to suppress where both search of appellant’s vehicle and the direction to appellant to exit the vehicle were justified as officers had probable cause to believe appellant was in possession of contraband
2310142 George Andrew Thompson v. Commonwealth of Virginia 09/22/2015
No error in trial court’s finding that evidence was sufficient to support grand larceny of an automobile conviction where it found witness was credible and her testimony was corroborated by text messages
0044152 Cherif Toure v. DAL Global Services and Gallagher Bassett Services, Inc. 09/15/2015
Summary affirmance – appellant’s arguments not considered on appeal for his failure to comply with Rule 5A:20 and that failure is significant
0223153 Catherine Rebecca Rogers v. VPI State University/Commonwealth of Virginia 09/15/2015
Summary affirmance – commission did not err in denying benefits to appellant where appellant failed to prove an injury by accident or in finding appellant did not meet the requirements for admission of after-discovered evidence
0399154 Victoria J. Salvato v. Frank Salvato 09/15/2015
Summary affirmance – trial court did not err in imposing additional visitation restrictions on appellant as they were implemented in best interests of child
0520151 Tamena G. Wilson v. Fitzgerald C. Britton 09/15/2015
Summary affirmance – trial court did not err in finding appellant in civil contempt where appellant’s support obligation exits regardless of whether appellee’s support obligation to appellant still exists
0729154 Pinpoint Cleaning Service, Inc. and Phoenix Insurance Company v. Daniel Henriquez 09/15/2015
Summary affirmance – no error in commission’s finding that appellant’s industrial accident occurred within the course of his employment
0954153 Tommy Raymond Harris v. Torque Enterprises, L.L.C. and American Mining Insurance Company 09/15/2015
Summary affirmance – no error in commission’s finding that evidence was insufficient to prove appellant sustained an injury by accident arising out of his employment
1252141 Angela Maye Holt v. Commonwealth of Virginia 09/15/2015
Petition for rehearing en banc granted
1988143 Shirley Robinson-Miles v. Danville Division of Social Services 09/15/2015
Trial court did not err in terminating appellant’s parental rights to her seven children pursuant to Code § 16.1-283(C)(2)
2137143 Robert Taylor, III v. Roanoke County Department of Social Services 09/15/2015
Trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant was unable to remedy substantially the conditions that led to the child being placed in and remaining in foster care
0535154 Commonwealth of Virginia v. Thomas J. Spinola, s/k/a Thomas P. Spinola 09/08/2015
Appellee’s motion to dismiss granted and appeal dismissed where Commonwealth did not timely file the notice of filing of transcript or petition for appeal
0545152 Andre Morman, Sr. v. Richmond Department of Social Services 09/08/2015
Summary affirmance – no error in trial court’s termination of appellant’s parental rights to his six children
0592154 Commonwealth of Virginia v. Frank Innes Flythe, a/k/a Frank Innes Rooks 09/01/2015
No error in trial court’s decision to dismiss appellee’s second indictment on double jeopardy grounds where appellee was acquitted of grand larceny of money at a prior trial and the Commonwealth cannot name a different victim and relitigate the issue at a second trial
2204144 Alysa Youngson, f/k/a Alysa N. Brautigam v. Christopher E. Brautigam 08/25/2015
Summary affirmance – trial court did not err in its award to appellee of attorney’s fees and costs incurred on prior appeal and remand
0258154 Laurence F. Hannan, III v. Thorsen Construction and Accident Fund Insurance Company 08/18/2015
Summary affirmance – no error in commission’s decision awarding medical benefits for treatment of appellant’s thoracic spine, denying medical benefits for treatment of appellant’s right knee, and denying wage loss benefits
1168134 Jeffrey Brian Lee v. Commonwealth of Virginia 08/18/2015
Appellant’s argument regarding trial court’s failure to rule on a motion to withdraw his guilty pleas barred by Rule 5A:18 where appellant never made an objection to the trial court’s alleged failure to rule or a specific effort to get the motion on the court’s docket before the trial court lost jurisdiction
0090154 La'Mann Abbott v. Culpeper County Department of Social Services 08/11/2015
Summary affirmance – termination of appellant’s parental rights to his child affirmed where appellant’s failure to challenge both subsections of Code § 16.1-283 under which his rights were terminated renders moot his challenge under one subsection
0141154 Garrett R. Whiting v. City of Charlottesville Fire and Rescue 08/11/2015
Commission did not err in declining to apply rebuttable presumption provided in Code § 65.2 402(C) where appellant failed to provide evidence that his exposure to known or suspected carcinogen caused or was suspected to cause his prostate cancer
0408154 Eric Perry Groo v. Janine Mary Burton 08/11/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify custody and visitation where appellant did not prove a material change in circumstances since prior order
0219141 Matthew Columbus Williams v. Commonwealth of Virginia 08/04/2015
No reversible error in trial court’s decision to admit a digitally signed conviction order to prove a prior conviction where the DMV abstract, admitted without objection, proved the same conviction
1252141 Angela Maye Holt v. Commonwealth of Virginia 08/04/2015
Evidence was insufficient to support conviction of embezzlement; conviction of obtaining money by false pretenses affirmed where Court declines to apply ends of justice exception
1797141 Chastity Davis v. Isle of Wight County Department of Social Services 08/04/2015
No error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to her children where she did not substantially remedy conditions leading to placement in foster care and termination was in their best interest
2207143 Charlene Cole v. Henry-Martinsville Department of Social Services 08/04/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where appellant had not substantially remedied conditions leading to placement of children in foster care
0360153 Gretchen McDorman Burkett v. Harrisonburg Rockingham Social Services District 07/28/2015
Judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant did not object to the proffered evidence at trial and raises her arguments for the first time on appeal
0361153 Gretchen McDorman Burkett v. Harrisonburg Rockingham Social Services District 07/28/2015
Judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant did not object to the proffered evidence at trial and raises her arguments for the first time on appeal
0487152 Commonwealth of Virginia v. Domanique Terrelle Waller 07/28/2015
Trial court erred in granting motion to suppress where officer had probable cause to search appellee’s vehicle for evidence related to the crime of possessing or using a stolen inspection sticker and any documentation regarding that sticker
1896142 Louis Chester Lee, Jr. v. Commonwealth of Virginia 07/28/2015
No error in trial court’s credibility determinations or its determination that appellant violated the terms of the protective order
2299131 Brian Thomas Smith v. Commonwealth of Virginia 07/28/2015
Trial court’s refusal to instruct jury on voluntary manslaughter, if error, was harmless; argument regarding wording of challenged murder instruction barred by Rule 5A:18 where appellant failed to object to wording of instruction at trial and ends-of-justice exception does not apply
1320142 Christopher Sean Pickett v. Commonwealth of Virginia 07/21/2015
No error in trial court’s finding that evidence was sufficient to prove appellant’s convictions of two counts of carnal knowledge and two counts of indecent liberties where it accepted testimony of victim, notwithstanding any impeachment, as credible
1621142 Christopher Love Howard v. Commonwealth of Virginia 07/21/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intended to rob the victim and took an overt act toward robbing the victim; convictions of attempted robbery, use of a firearm in commission of felony, and possession of a firearm by a violent convicted felon affirmed
1675144 Joseph Mark Neubert v. Linda Dean Neubert 07/21/2015
Summary affirmance – trial court did not err in awarding spousal support to appellee that increases upon sale of the marital residence
1737142 James Seth Brown v. Commonwealth of Virginia 07/21/2015
Trial court did not err in finding evidence was sufficient to prove appellant willfully failed to appear and willfully contributed to the neglect of his child
1812142 Virginia Department of Juvenile Justice v. Sean Milner 07/21/2015
Trial court erred in reversing the hearing officer’s decision where hearing officer did not act contrary to law in declining to reinstate appellee to his former position; decision of trial court reversed and decision of hearing officer reinstated
2022142 William D. Coalson v. Marylynn Coalson 07/21/2015
Trial court did not err in granting appellee’s motion to strike on a motion to terminate spousal support where the evidence failed to establish that appellee and her paramour shared a common residence
2147142 Virginia Department of Juvenile Justice v. Sean Milner 07/21/2015
Judgment of trial court awarding attorney’s fees and costs to appellee under Code § 2.2-3006(E) reversed where appellee no longer substantially prevails on the merits of his case and is no longer entitled to attorney’s fees and costs
2321142 Donald M. Eskridge v. Angela T. Eskridge 07/21/2015
Trial court did not abuse its discretion in awarding appellee spousal support in the amount of $1,200 per month for five years
0265153 Opal Brock v. Wise County Department of Social Services 07/14/2015
Summary affirmance – appellant’s failure to challenge termination of her parental rights under Code § 16.1-283(B) renders moot her claim under Code § 16.1-283(C)
0378153 Babcock & Wilcox and Indemnity Insurance Company of North America v. Paul Moran 07/14/2015
Summary affirmance – no error in commission’s finding that claimant suffered a compensable injury and that he was entitled to an award of temporary total disability benefits
0425153 Randall Peaks v. Wise County Department of Social Services 07/14/2015
Summary affirmance – arguments regarding target completion date, relative placement, failure of trial court to remand matter to juvenile court after appeal heard on ninety-second day after appeal noted, and admission of medical records under business record exception barred by Rule 5A:18; failure to challenge termination under all code sections renders moot claim of error under one section
0528151 Nestle USA, Inc. and Ace American Insurance Company v. Keith P. Ellis 07/14/2015
Summary affirmance – no error in commission’s finding that claimant’s claim for medical and indemnity benefits was not barred by the statute of limitations
0781143 Albert Lewis Fowler, III v. Commonwealth of Virginia 07/14/2015
Appellant’s conviction is reversed because appellant did not enter a constitutionally valid guilty plea
1063142 Joshua Micah Lillard v. Commonwealth of Virginia 07/14/2015
No error in trial court’s finding that appellant operated his tractor trailer in a reckless manner and, thus, was guilty of reckless driving
0845142 Craig Lamont Kirkpatrick v. Commonwealth of Virginia 07/07/2015
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant only objected to the Commonwealth’s lack of evidence regarding threat or intimidation not his appellate argument regarding sufficiency of the evidence to prove penetration
1138142 Ronald Edward Johnson, Jr. v. Commonwealth of Virginia 07/07/2015
Trial court did not err in convicting appellant of three counts of failure to appear where a single act of failure to appeal may result in multiple convictions when each count is based on a distinct underlying felony
1350142 Dezmon C. Reaux, s/k/a Dezmon Cary Lee Reaux v. Commonwealth of Virginia 07/07/2015
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant’s argument on appeal not properly preserved because appellant did not allege a violation of Sixth Amendment rights before the trial court
1442142 Jayvon Lartay Bass v. Commonwealth of Virginia 07/07/2015
Error in appellant’s conviction of robbery on an indictment charging appellant with attempted robbery; conviction reversed and remanded to trial court for new trial on attempted robbery
0963142 Ty'quawne Niheem Alston v. Commonwealth of Virginia 06/30/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intended to commit an assault and battery at the time he entered the victim’s residence
1957143 Christopher Lee Croft v. Commonwealth of Virginia 06/30/2015
Trial court erred in convicting appellant of driving while his license was suspended under Code § 18.2-272 where the period of suspension authorized by Code § 18.2-271 was one year from the date of conviction for driving while intoxicated and that period had passed
2167132 Joseph Garth Jones v. Commonwealth of Virginia 06/30/2015
No error in trial court’s finding that appellant’s driving after the officer’s command to stop endangered the officer’s operation of his vehicle and appellant’s actions constituted felony eluding
2370131 John W. Legault v. Commonwealth of Virginia 06/30/2015
Trial court erred in excluding evidence of victim’s prior allegations against appellant where proffered evidence of an alibi for the date in question was sufficient to demonstrate a reasonable probability that victim’s prior allegations were false
0104152 Commonwealth of Virginia v. Hunter Franklin Hocutt 06/23/2015
Trial court did not err in granting motion to suppress where the impoundment of appellee’s vehicle was not reasonable under Fourth Amendment as impoundment did not occur pursuant to a statute or the standard police procedure applicable in this case
1993143 Lynn Miller, f/k/a Lynn Miller Green v. Robert Lorenza Green, Jr. 06/23/2015
Trial court erred in terminating spousal support retroactively and in finding that appellee was entitled to cease payment of spousal support unilaterally prior to seeking court intervention
2237144 Jasmine Harper v. Alexandria Department of Community and Human Services 06/23/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where although appellant participated in services offered, she did not demonstrate an ability to safely parent the children
0080151 Smithfield Foods, Inc. and Safety National Casualty Corp. v. Donald R. Branstetter, Jr. 06/16/2015
Summary affirmance – no error in commission’s finding that res judicata principles barred appellants’ argument disputing causal relationship between appellee’s second episode of DVT and appellee’s workplace accident; no error in decision regarding award of attorney’s fees to appellee
0319152 William A. Woodard, Jr. v. Dinwiddie Department of Social Services 06/16/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where it found appellant had been unwilling or unable to remedy substantially the conditions which led to child’s placement in foster care
1500142 Anthony Joseph Bellio-Poates v. Commonwealth of Virginia 06/16/2015
Trial court did not err in denying appellant’s motion to suppress where the search warrant was supported by probable cause; no error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the contraband and that appellant grew the marijuana with the intent to distribute it
1758144 Jennifer Lynn Wilks v. Fairfax County Department of Family Services 06/16/2015
Summary affirmance – termination of appellant’s parental rights affirmed where appellant only challenged termination under one of the two subsections under which her rights were terminated
0016152 Rosa Cruz-Gonzalez v. Star Valley Painting Contractors, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that appellant’s claim for benefits is barred by the settlement of third-party suits without knowledge or consent of appellees
0017152 Rufino Cruz Cortes v. Star Valley Painting Contractors, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that appellant’s claim for benefits is barred by the settlement of third-party suits without knowledge or consent of appellees
0206152 Big Lots Stores, Inc. and Arch Insurance Company v. Howard Clute 06/09/2015
Summary affirmance – no error in commission’s finding that appellee’s claim was not barred by res judicata and awarding medical benefits for a right knee injury
0252152 Howard Clute v. Big Lots Stores, Inc. and Arch Insurance Company 06/09/2015
Summary affirmance – no error in commission’s decision declining to award ongoing temporary total disability benefits and only awarding appellant disability benefits for day of his right knee replacement surgery
1777143 Amanda J. Carroll Brammer v. Craig County Department of Social Services 06/09/2015
Summary affirmance – appellant’s failure to challenge the termination of her parental rights under Code § 16.1-283(C)(2) renders moot her challenge under Code § 16.1-283(B)
1851144 Zainab T. Ahmed v. Trinet/Washington Dulles Marriott, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that several of appellant’s physical ailments were not casually related to her work injury and that appellees were not responsible for payment of emergency room visits, a neck collar, and treatment for several conditions
2236144 Hellen Bangura v. Alexandria Department of Community & Human Services 06/09/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and in approving the goal of adoption for the child
2320142 Gene Forbes Enterprises d/b/a McDonald's of Tazewell and Arch Insurance Company v. Janis R. Cooper 06/09/2015
No error in commission’s award of disability benefits where it found appellee suffered an injury arising out of and in the course of her employment, suffered a sudden mechanical or structural change, and there was a causal link between the injury and the resulting treatment
2350142 Ronald Perry v. Prince George Department of Social Services 06/09/2015
Trial court did not err in terminating appellant’s parental rights to his child where appellant’s mental illness prevented him from being able to care for the child, appellant did not provide evidence he would be able to care for the child’s mental health needs, and appellant did not substantially correct conditions which led to child being and remaining in foster care
0190153 Julianne Price v. Rahe, Inc. and Merchants of Virginia Group Self-Insurance 06/02/2015
Summary affirmance – no error in trial court’s finding that appellant failed to prove she suffered a concussion as a compensable consequence of her workplace accident
1020141 Lakesha Lanika Artis v. Commonwealth of Virginia 06/02/2015
Evidence was not sufficient to prove beyond a reasonable doubt that appellant’s conduct was criminally negligent; conviction of involuntary manslaughter reversed and dismissed
1363142 Tyrone Brewington Conway v. Commonwealth of Virginia 06/02/2015
No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where it proved victim suffered a wound and Court rejects appellant’s argument that a weapon other than that with which the body is naturally provided must be used to cause the wound
1604141 Michael Kevin Huck v. Stacie Lee DeLango Huck 06/02/2015
Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider his assignments of error; additional assignments of error barred by Rule 5A:18
1722142 Megan Bracaloni v. Joshua Edge, Jennifer Leslie Edge and Gregory Edge 06/02/2015
Summary affirmance – appellant’s assignment of error regarding a child custody and visitation order not preserved and will not be considered
0043154 Commonwealth of Virginia v. David Pijor 05/26/2015
No error in trial court’s finding that Double Jeopardy Clause mandated dismissal of appellee’s second indictment
2287141 Commonwealth of Virginia v. Dustin Lee Correll 05/26/2015
Trial court did not err in granting motion to suppress where facts did not provide an objective basis for the officer to suspect that appellee was armed and dangerous
0673141 Duane Aubrey Diggs v. Commonwealth of Virginia 05/19/2015
No error in trial court’s findings that no variance existed between the indictment and the proof and that evidence was sufficient to prove appellant obtained money or property by false pretenses
1158143 Peter Anthony Deluca v. Tracie Ondich Deluca 05/19/2015
No error in trial court’s finding that appellant’s spousal support obligation under the parties’ agreement included an obligation to pay a monthly monetary sum to appellee; appellant’s other assignments of error procedurally barred by Rule 5A:20(e)
1613143 Timothy M. Barrett v. Commonwealth of Virginia, et al. 05/19/2015
Trial court did not err in finding it did not have subject matter jurisdiction to hear this case
1614143 Timothy M. Barrett v. Commonwealth of Virginia, et al. 05/19/2015
Trial court did not err in finding it did not have subject matter jurisdiction to hear this case
2027141 Trevon Blake v. Norfolk Department of Human Services 05/19/2015
Summary affirmance – trial court did not err in denying appellant’s motion for continuance and dismissing this appeal of the termination of his parental rights where it found he voluntarily waived his right to appeal
2230141 James Michael Wheeler, Jr. v. Liliana Wheeler 05/19/2015
Summary affirmance – no error in trial court’s order allowing appellee to relocate the parties’ children to San Diego, California
2474133 Charleston Alexandria Williams, Jr. v. Commonwealth of Virginia 05/19/2015
Trial court erred in finding evidence was sufficient to prove value of computer was greater than $200 at the time of the theft; remanded to trial court for resentencing on conviction of lesser-included offense of petit larceny
0002141 Ronnie James Kemp v. Commonwealth of Virginia 05/12/2015
No error in trial court’s finding that evidence was sufficient to prove appellant jointly possessed the marijuana with the intent to distribute it and that he entered into an agreement with others to sell the marijuana
0173143 Timothy M. Barrett v. Valerie Jill Rhudy Minor 05/12/2015
Order of trial court dismissing appellant’s refiled October 2013 complaint regarding custody and visitation of minor children affirmed
0288141 Travis Kashawn Brown v. Commonwealth of Virginia 05/12/2015
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the cocaine located in the driver’s side cup holder; convictions of possession of cocaine and possession of a firearm while in possession of cocaine affirmed
0384141 Timothy Michael Baird v. Commonwealth of Virginia 05/12/2015
Evidence was sufficient to allow jury to reasonably infer both malice and a specific intent to kill or otherwise harm victims in vehicle; appellant waived any claim he may have had for a mistrial by not timely requesting that relief
2104142 Dwayne L. Cook v. Loretta S. Cook 05/12/2015
Summary affirmance – trial court did not abuse its discretion in reducing rather than terminating appellant’s spousal support obligation to appellee and did not err in refusing to consider the length of the parties’ marriage and how long appellant has been paying spousal support in its decision to reduce appellant’s spousal support obligation
2143141 Riverside Behavioral Centers and Trumbull Insurance Company v. Steven Tyrone Teel 05/12/2015
Commission erred in concluding appellee was not terminated for justified cause; award of temporary total disability benefits reversed and vacated
2201144 Michael Keith Lamb v. S. Diane Lamb 05/12/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify his spousal support obligation to appellee
0006153 Charles Samuel Harris v. Paty Denise Leonard Harris 05/05/2015
Summary affirmance – no error in trial court’s holding that it did not have authority to modify or terminate appellant’s spousal support obligation to appellee where the language in the final decree, including agreement of the parties, does not state that the spousal support obligation can be modified
0793141 Bruce Antoine Howard v. Commonwealth of Virginia 05/05/2015
Trial court did not err in finding evidence was sufficient to prove appellant intended to inflict a permanent injury on the victim; any error in trial court’s application of the definition of intent under the statute harmless
1037141 Willie Billups v. Commonwealth of Virginia 05/05/2015
Trial court did not err in denying appellant’s motion to suppress where officers had reasonable articulable suspicion that appellant had just engaged in criminal activity
1104143 Charles Wesley Olmstead v. Commonwealth of Virginia 05/05/2015
No error in sentence imposed upon appellant where sentence does not violate Eighth Amendment prohibition against cruel and unusual punishment and as appellant was not sentenced to life imprisonment without parole he is not entitled to a proportionality review
1253143 Daniel Elwood Buchanan, s/k/a Daniel Elwood Buchanan, Jr. v. Commonwealth of Virginia 05/05/2015
Evidence was sufficient for jury to infer appellant acted with malice when he shot and killed victim; argument regarding introduction of text messages from appellant’s cell phone waived when he introduced text messages of a similar nature on his own behalf and attempted to explain text messages introduced by Commonwealth in a light more favorable to his defense
1265142 Oscar O. Ozfidan v. Pamela L. Ozfidan 05/05/2015
Trial court did not err in its assessment of the Code § 20-107.3(E) factors; trial court erred in transferring title of appellant’s IRA to appellee, in apportioning marital debt without giving appellant a credit appellee’s counsel stated was appropriate, and in ruling it would not consider issue of spousal support despite appellant’s request to do so
1560141 Carmela M. Sarno v. George S. Sarno 05/05/2015
Summary affirmance – assignments of error raised on appeal not considered due to appellant’s failure to comply with Rules 5A:20 and 5A:25
1795143 Joshua Eugene Andrews v. Roanoke County Department of Social Services 05/05/2015
Summary affirmance – trial court did not err in denying appellant’s motion for a continuance to provide names of possible relative placement or in terminating appellant’s parental rights to his child
2202131 Marcus M. Cousin, Jr. v. Commonwealth of Virginia 05/05/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was aware of the nature and character of the contents of the lunchbox in which the marijuana was found
2242144 William N. Blair v. Karin L. Blair 05/05/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify his spousal support obligation to appellee where appellant did not prove a material change in circumstances
0734142 De'Jour Davonte Reaux-King, s/k/a De'Jour Devante Reaux-King v. Commonwealth of Virginia 04/28/2015
Trial court did not err in finding evidence sufficient to prove appellant committed a direct act calculated to accomplish a robbery; conviction of attempted robbery affirmed
1997144 Guy Ferrante v. Mary Jo Krist 04/28/2015
Summary affirmance – judgment of trial court incarcerating appellant until he paid attorney’s fees and sanctions ordered by trial court affirmed
2208142 Nancy Lynn Glover v. Louisa County Department of Human Services 04/28/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence was sufficient to prove she was unable to care for her child within a reasonable amount of time despite reasonable and appropriate efforts by appellee to help remedy situation
2246141 Commonwealth of Virginia v. Willie Ray Mack 04/28/2015
Order of trial court granting suppression motion affirmed where Commonwealth did not alert trial court to argument raised on appeal that it erred in addressing motion to suppress under an incorrect standard
0572142 Christopher Wayne Butler v. Commonwealth of Virginia 04/21/2015
Trial court did not err in denying appellant’s motion to suppress evidence and statements found in a search of the vehicle in which appellant was a passenger or in denying appellant’s motion to strike evidence where evidence was sufficient to support finding appellant constructively possessed morphine found in center console
0935142 Willie Anderson Cullop v. Commonwealth of Virginia 04/21/2015
Trial court did not err in denying appellant’s motion to declare the habitual offender statute unconstitutional as applied to him where appellant suffered no due process violation and no ex post facto violation exists; evidence was sufficient to convict appellant of driving after having been declared an habitual offender
1768144 Michael Allen Luttrell v. Samantha Mary Jo Cucco 04/21/2015
Trial court did not err in denying appellant’s motion to adjust spousal support or in awarding attorney’s fees to appellee
2474133 Charleston Alexandria Williams, Jr. v. Commonwealth of Virginia 04/21/2015
Trial court erred in finding evidence was sufficient to prove value of computer was greater than $200 at the time of the theft; remanded to trial court for new trial on lesser-included offense of petit larceny if Commonwealth be so advised
1058141 Christopher Javon Norman v. Commonwealth of Virginia 04/14/2015
No error in trial court’s finding that evidence was sufficient to show appellant used force or intimidation to compel victim to leave her home against her will
1203142 Amanda C. Padula-Wilson v. Michael G. Wilson 04/14/2015
Trial court’s judgment regarding custody of parties’ children is affirmed in part, reversed in part, and remanded to trial court for further proceedings
1295142 Brian Lester Walton, Sr. v. Commonwealth of Virginia 04/14/2015
Evidence was sufficient to support jury’s conclusion that appellant’s violation of a protective order was based on a threat of violence and their decision to convict appellant under the felony provision of Code § 18.2-60.4; jury was properly instructed
1468141 Kathie Leonide Bozsik v. Charles Joseph Bozsik, et al. 04/14/2015
Trial court erred in finding appellant forfeited her right to a life estate in the residence because she obeyed the trial court’s directive in a pendente lite order; trial court’s judgments granting appellees’ demurrer, directing appellant to sign quitclaim deed, and awarding attorney’s fees and costs to appellees reversed and remanded to trial court for evidentiary hearing
1625144 Fairfax County v. Matthew Domyancic 04/14/2015
Summary affirmance – commission did not err in denying appellant’s application based on a change in condition, in finding appellant did not prove appellee’s failure to report a return to work and in denying appellant’s request to terminate the outstanding award of benefits
1628144 Fairfax County Government v. Victoria Monroe 04/14/2015
No error in commission’s finding that appellee’s lower back injury arose out of her employment and that she did not willfully violate a workplace rule or otherwise willfully commit misconduct
2012144 Fairfax County v. Matthew Domyancic 04/14/2015
Summary affirmance – no error in commission’s decision awarding appellee medical benefits and attorney’s fees
2187141 Ruiz Drywall & Cleaning Inc. and Builders Mutual Insurance Company v. Mauricio R. Morales 04/14/2015
Summary affirmance – no error in commission’s finding that appellee suffered a compensable injury and awarding temporary total disability benefits
2423134 William Austin Clark, Jr. v. Commonwealth of Virginia 04/14/2015
Trial court did not err in instructing the jury where the proposed instructions would not have assisted the jury in its deliberations; evidence was sufficient for jury to find that appellant committed an assault and battery against the officer
0149143 Antonio Figueroa v. Commonwealth of Virginia 04/07/2015
Trial court did not err in revoking appellant’s suspended sentences where prior order extending his probation was not void for lack of notice and appellant may not collaterally attack that order
0932141 Travious Marque Bailey v. Commonwealth of Virginia 04/07/2015
Trial court did not err in rejecting appellant’s hypothesis of innocence and finding evidence was sufficient to support appellant’s conviction of grand larceny
1026142 Wayne Edward Meadows, Jr. v. Commonwealth of Virginia 04/07/2015
Appellant’s arguments regarding constitutionality of Code § 18.2-370 barred by Rule 5A:18
1066141 Marius Hamilton Stafford v. Commonwealth of Virginia 04/07/2015
No error in trial court’s finding that evidence was sufficient to establish appellant had actual notice of his status as an habitual offender
1483141 Barbara Deanne Smith v. Eric Wendell Thompson 04/07/2015
No error in trial court’s finding that certain financial obligations appellant was entitled to pursuant to her written agreement with appellee upon their separation and divorce were terminated upon her remarriage as they were spousal support for purposes of Code § 20-109(D)
1793131 Raymond Nathaniel Martin v. Commonwealth of Virginia 04/07/2015
Appellant’s argument whether trial court erred in denying appellant’s motion to withdraw his guilty plea barred by Rule 5A:18 where there was no motion to withdraw the guilty plea before the trial court
1796143 Crystal Hareford v. Harrisonburg-Rockingham Social Services District 04/07/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i)
2147133 Bruce Gregory Reed v. Commonwealth of Virginia 04/07/2015
No error in trial court’s finding that value of trees, whatever precise value they may have been worth, was $200 or more; conviction of grand larceny affirmed
0193143 David Lee Hutton, III v. Commonwealth of Virginia 03/31/2015
No error in trial court’s finding that evidence was sufficient to prove appellant knew the items he pawned were stolen
0726143 Randy Lee Wyant v. Commonwealth of Virginia 03/31/2015
No error in trial court’s finding that appellant made “contact” with the victim in violation of the preliminary protective order
1140141 Rayon Levelle Pork v. Commonwealth of Virginia 03/31/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant had a concealed weapon; argument regarding legality of seizure of baggy of heroin not addressed where appellant failed to assign error to trial court’s alternative holding of doctrine of inevitable discovery
1324143 Power Distribution Prodcuts, Inc. and Argonaut Insurance Company v. James Lockard 03/31/2015
No error in commission’s decision awarding appellee benefits where appellant cured his initial refusal to accept selective employment and appellee’s testimony did not bar the commission from concluding he was disabled
1382143 Southern Tank Transport, Inc. and New Hampshire Insurance Company v. Roy Hoke, Jr. 03/31/2015
No error in commission’s decision declining to terminate an open award to appellee and awarding attorney’s fees to appellee
1894142 David F. LaBrie v. Judith A. LaBrie 03/31/2015
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion to reduce or terminate spousal support and in ordering appellant to pay appellee’s attorney’s fees and costs
2252133 Robert Eli Bernard v. Commonwealth of Virginia 03/31/2015
Judgment of trial court affirmed where appellant was not deprived of his constitutional right to an impartial jury and fair trial due to statements made in presence of the venire unknown to appellant and his counsel
2421133 Crosby Windell Jones v. Commonwealth of Virginia 03/31/2015
Trial court erred in convicting appellant of unlawful wounding after specifically finding that Commonwealth failed to prove necessary element of intent to main, disfigure, disable or kill; remanded to trial court for entry of an order and sentencing on lesser-included offense of assault and battery
2449133 Raymond Curtis v. Commonwealth of Virginia 03/31/2015
Trial court did not abuse its discretion in denying appellant’s motion for a new trial and motion in limine to prevent Commonwealth from presenting evidence of appellant’s prior drug use and drug activity and introducing testimony concerning types of cocaine, a drug problem in Wise County, and the drug culture
0359142 William Roland Massey, III v. Commonwealth of Virginia 03/24/2015
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the requisite intent to defraud at or before the false representations were made and received money or property belonging to victim; issue that behavior for which he was convicted did not establish requisite false representation of pretense not preserved for appeal
0536143 Matthew Raymond Shropshire v. Commonwealth of Virginia 03/24/2015
Trial court did not err in denying appellant’s motion to withdraw his no contest plea where appellant failed to proffer evidence for a reasonable basis for contesting guilt
1467141 Joyce Vick v. Hampton Roads Transit 03/24/2015
No error in commission’s denial of claim for medical benefits and compensation for temporary total disability where credible evidence supported finding that appellant’s fall did not arise out of her employment
1512144 Jeffrey M. Pope v. Jennifer D. Pope 03/24/2015
Trial court erred when it refused to clarify and modify its previous order regarding the Disney resort timeshare where Code § 20-107.3(K) allows the trial court to enter an order clarifying its previous order
1571141 Geraldine Wildner v. DBHDS/Eastern State Hospital/Commonwealth of Virginia 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1714142 Olga Randolph v. Spherion Atlantic Workforce, LLC, et al. 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1798144 Rose Mills v. Army Navy Country Club and Hartford Accident and Indemnity Company 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1902133 Justin Dwayne Stump v. Commonwealth of Virginia 03/24/2015
Trial court did not abuse its discretion in revoking appellant’s deferred disposition for failing to comply with the terms of the deferred disposition where appellant accepted the inherent risk that he would be incarcerated on unrelated charges and unable to comply with the terms
1908143 Alicia Lilly v. Washington & Lee and PA Manufacturers Indemnity Co. 03/24/2015
Summary affirmance – no error in commission’s finding that appellant’s neck injury was not a compensable consequence of her 1998 work-related injury
0546141 Mark Thomas Clementi v. Commonwealth of Virginia 03/17/2015
No error in trial court’s finding that California’s drunk driving statute was substantially similar to Code § 18.2-266 with regard to two of appellant’s driving under the influence convictions in that state and could be used as predicate offenses for enhanced penalty purposes
0767142 Department of Medical Assistance Services/Commonwealth of Virginia v. Ablix Corporation, d/b/a, etc. 03/17/2015
Trial court did not err in denying appellee’s request for attorneys’ fees; trial court erred in failing to apply correct standard for court review of an agency decision and in failing to vacate its final order in light of this Court’s decision in 1st Stop Health Servs. v. Dep’t of Med. Assistance Servs., 63 Va. App. 266, 756 S.E.2d 183 (2014)
1612144 Inova Loudoun Hospital and Inova Health Systems v. Najat Chemlali Goode 03/17/2015
Summary affirmance – no error in commission’s finding that appellee proved injuries to her neck and upper back, that her medical treatment and disability were causally related to her workplace accident, and that appellee had ongoing work incapacity related to the accident
1624144 Rose Ikpeme Nkong v. Ishong Nkong 03/17/2015
Summary affirmance – no error in final decree divorce granting appellee legal and primary custody of parties’ children
0070142 Dominique Tajuan Waller v. Commonwealth of Virginia 03/10/2015
Trial court did not abuse its discretion in manner in which it conducted voir dire, in finding chain of custody was adequately established, and in declining to give a duplicative jury instruction; evidence was sufficient to prove appellant’s possession of cocaine
0642142 Cornellus Lavon Oliver v. Commonwealth of Virginia 03/10/2015
No error in denial of appellant’s motion to suppress where officer had a sufficient objective basis to seize appellant by requiring him to perform field sobriety tests; evidence was sufficient to support finding that appellant drove his vehicle while intoxicated
1077141 Paul A.M. Epps v. Belinda Y. Epps 03/10/2015
Appellant’s arguments regarding attorney’s fees and imputation of income barred by Rule 5A:18; trial court did not abuse its discretion in declining to classify appellee’s military retirement pay or award appellant any part thereof where appellant failed to provide sufficient evidence for trial court to determine if there was a marital share
1568132 Chase Adam Marsh v. Commonwealth of Virginia 03/10/2015
Review of appellant’s assignment of error barred by Rule 5A:18 where appellant’s vague and generalized references to the law did not afford trial court an opportunity to intelligently rule on appellant’s objection and were insufficient to preserve issue for appeal
1952142 DBP Holding Corporation and Hartford Casualty Insurance Company v. Margarete Konupka Moore 03/10/2015
Summary affirmance – no error in commission’s finding that appellee did not refuse an offer of selective employment in January 2013 and reasonably marketed her residual work capacity after being restricted to light duty
2194132 Antonio O'Keefe Shelton v. Commonwealth of Virginia 03/10/2015
No error in trial court’s finding that evidence was sufficient to prove appellant lied about the weapon being in his hand in order to conceal that the weapon was actually hidden elsewhere on his person; conviction of misdemeanor carrying a concealed weapon affirmed
0899144 Sheila M. Velez v. Carlos M. Lizardi 03/03/2015
No error in trial court’s findings that appellant did not prove constructive fraud by clear and convincing evidence, that the terms of the agreement were not so grossly disparate as to support a finding of unconscionability, and that appellee was entitled to attorneys’ fees and costs under the terms of the agreement
1525144 Alicia Lea Thomas and Corey Bryce Hundley v. Devin Len Shrout 03/03/2015
Judgment of trial court affirmed where Court finds a timely filed transcript or written statement of facts is indispensable to a determination of the assignments of error raised on appeal
1631141 Lotoria Carlos v. City of Virginia Beach Department of Human Services 03/03/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her eleven children where appellant was unable to show that she could apply what she had been counseled to do in the best interests of the children
1676143 Michael Sean Eskridge v. Washington County Department of Social Services 03/03/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant did not substantially plan for future of child or maintain contact with child for a period of six months after child was placed in foster care
2217144 Clifton Lewis Flora, III v. Shenandoah County Department of Social Services 03/03/2015
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his child was in child’s best interests
1786143 Commonwealth of Virginia v. Barbara Ann Keen 03/02/2015
Judgment of trial court dismissing indictments against appellee for speedy trial violation affirmed where nothing in record provides basis to conclude trial court erred in holding appellee’s statutory right to a speedy trial had been violated
0903144 Soudabeh White v. Malcolm White 02/24/2015
No error in trial court’s decision to register the foreign custody order under the UCCJEA or to award appellee, the prevailing party in the registration litigation, his attorneys’ fees and costs
1005144 Wara Wara, Inc., t/a Wara Wara v. Virginia Department of Alcoholic Beverage Control 02/24/2015
Trial court did not err in upholding decision of appellee that appellant violated ABC regulations when it served alcohol after 2:00 a.m. and that appellant violated ABC regulations by selling two or more drinks for one price
1100142 Charter Oak Fire Insurance Company v. Gregory Morgan and Sandra Caudill 02/24/2015
No error in commission’s awards of benefits to appellees where it found their injuries were compensable because they arose out of their employment
1582141 Sophia Marquita Shadley v. Norfolk Department of Human Services 02/24/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B) and (C)(2)
1691132 Latoya Yvette Wilson v. Commonwealth of Virginia 02/24/2015
Trial court did not err in denying motion to suppress where officer had reasonable suspicion of a violation of Code § 46.2-848 sufficient to conduct a traffic stop of the vehicle in which appellant was a passenger; conviction of possession of marijuana with intent to distribute affirmed
1759143 Suzanne Coffman v. Virginia Mennonite Retirement Community and Wausau Business Insurance Company 02/24/2015
Summary affirmance – no error in commission’s finding that appellant failed to prove her leg symptoms were a compensable consequence of her workplace accident
0533142 Robin Vince, s/k/a Robin Renee Vince v. Commonwealth of Virginia 02/18/2015
Trial court did not abuse its discretion in allowing expert to testify where that testimony did not invade province of fact finder by testifying to the ultimate issue of fact; trial court’s error in allowing expert witness to remain in courtroom during appellant’s testimony harmless
0837144 Courtney E. Blakey v. University of Virginia Health System/Commonwealth of Virginia 02/18/2015
Error in commission’s award of benefits based on a 43% impairment rating of appellant’s upper extremity where no credible evidence in the record supported that finding
1030143 Heather Amber French v. Roanoke City Department of Social Services 02/18/2015
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1790142 Drug Transport, Inc. and New Hampshire Insurance Company v. McCarter Williams 02/18/2015
Summary affirmance – commission did not err in awarding appellee medical benefits for a neck injury where it found doctrine of res judicata did not bar recovery
1952132 David Lee Washington v. Commonwealth of Virginia 02/18/2015
No error in trial court’s finding that evidence was sufficient to prove appellant procured a controlled substance by concealment of a material fact; appellant’s assertion that trial court relied on statements that had been properly excluded is without merit
1744144 Commonwealth of Virginia v. Abdul Rahman Cole 02/13/2015
Trial court erred in granting appellee’s motion to suppress where trial court applied wrong legal standard in assessing the constitutionality of the jail’s strip search policy
0025144 Bernard Vernon West v. Commonwealth of Virginia 02/10/2015
No error in trial court’s revocation of appellant’s suspended sentence where it retained jurisdiction over the case and could revoke the balance of the suspended sentence for the relevant probation violations
0543142 Sheila Juanita Somerville, s/k/a Shelia J. Somerville v. Commonwealth of Virginia 02/10/2015
No error in jury’s determination that evidence was sufficient to prove appellant used a substance proscribed by Code § 18.2-312 to cause bodily injury
0834142 Mark Lowe v. Commonwealth of Virginia, et al. 02/10/2015
Appeal dismissed as moot where order appealed from was vacated by trial court
1099144 Anthony Arthur Sabio v. Maribelle Bautista Sabio 02/10/2015
Trial court erred in finding term “marital share” was ambiguous and in admitting parol evidence; trial court did not abuse its discretion in refusing to award appellant attorney’s fees that he incurred in litigating the erroneously awarded pendente lite attorney’s fees
1298142 Mark Lowe v. Commonwealth of Virginia, et al. 02/10/2015
Summary affirmance – trial court did not err in granting appellee’s motion to dismiss appellant’s motion to amend his child support obligation and holding that appellant’s child support obligation remained at $1,074 per month
1540143 Travis Conley Jones v. Bristol Department of Social Services 02/10/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
1736133 Carter W. Matney, s/k/a Carter Wayne Matney v. Commonwealth of Virginia 02/10/2015
Argument that trial court erred in refusing to grant appellant’s request to be resentenced by a jury barred by Rules 5A:18 and 5A:12; appellant’s mandatory minimum sentence of two years for possession of a firearm by a non-violent felon affirmed
1979142 Kiva Williams-Kemp v. Prince Edward Department of Social Services 02/10/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where evidence showed it was in child’s best interests and it was not reasonably likely that appellant could substantially remedy or correct abuse or neglect leading to child’s removal within a reasonable period of time
2210132 Gianna Biancha Cicilese v. Commonwealth of Virginia 02/10/2015
Trial court erred in finding evidence was sufficient to prove appellant conspired with another to distribute marijuana on August 10, 2012; conviction of conspiracy to distribute marijuana reversed and dismissed
1074144 John Paul Jones v. Loudoun County 02/03/2015
No error in commission’s denial of benefits for appellant’s right forearm and right hand where evidence did not prove they were causally related to the work-related accident
1093141 Full Circle Concepts II, LLC v. Lamont Cherry, et al. 02/03/2015
Commission did not err in declining to apply doctrine of equitable estoppel where appellant’s reliance on any misrepresentations was not warranted or justified; holding that insurance company complied with Code § 65.2-804(B) affirmed where it met its burden of showing actual receipt of notice of cancellation
1282141 Estate of Jose Fidel Arroyo v. Carlos Ramirez and Auto Owners Insurance Company 02/03/2015
No error in commission’s findings that the evidence failed to establish that the injury to Arroyo arose out of his employment and that the presumption found in Code § 65.2-105 was inapplicable in this case
1545131 Torrey Lavell Washington v. Commonwealth of Virginia 02/03/2015
No error in trial court’s denial of appellant’s motion to strike where sufficiency of the evidence was a question for the jury and the jury weighed the conflicting evidence and made a factual determination of expert credibility
1791133 Brandon Valentin v. Commonwealth of Virginia 02/03/2015
No error in trial court’s finding that evidence was sufficient to prove that appellant acted with the requisite intent to attempt to engage in anal intercourse with the victim and that he committed a sufficient act in furtherance of that intent
0226141 Tyron Gilliam v. Commonwealth of Virginia 01/27/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant was engaged in unlawful activity
0267143 Jamal Kemo Saunders v. Commonwealth of Virginia 01/27/2015
No error in appellant’s conviction of possession of a firearm by a convicted felon under Code § 18.2-308.2(A)(iii) where evidence was sufficient to prove object appellant possessed was a firearm and record fails to rebut presumption that trial court applied the correct law regarding definition of a firearm
0475143 Roger Smith v. Dominion Technical Solutions and Virginia Electric and Power Company 01/27/2015
Decision of commission affirmed except insofar as it pertains to finding that appellant was not entitled to temporary total disability benefits after January 29, 2013
0529144 Brodrick C. Aratoon v. Cheryl Roberts 01/27/2015
No error in trial court’s decision terminating appellee’s spousal support obligation to appellant; trial court erred in finding appellant’s counsel in contempt and in appointing a guardian ad litem to represent appellant
0839144 Hawa Coulibaly v. Arlington Department of Human Services, et al. 01/27/2015
Summary affirmance – trial court did not err in dismissing appellant’s petition for appeal where it was not timely filed and court had no authority to extend the filing deadline
1161142 J. L. Kent & Sons, Inc., et al. v. Richard Kilby 01/27/2015
No error in commission’s finding that appellee’s claim relating to his bilateral sacroiliac joints was not barred by the statute of limitations despite such claim not being filed within two years of the date of the compensable accident
2091134 Mark Holmes v. Culver Design Build, Inc. and Virginia Board for Contractors 01/27/2015
Trial court did not err in dismissing appellant’s petition for appeal as appellant was not aggrieved by the Board’s finding and lacked standing to appeal the Board’s decision
1149143 Jason Lafia v. Roanoke City Department of Social Services 01/20/2015
No error in trial court’s finding that appellee presented clear and convincing evidence that termination of appellant’s parental rights to his child was in child’s best interests and that appellee proved statutory requirements of Code § 16.1-283(E)
1271144 Shonda Renee Lindsey v. Stafford Department of Social Services 01/20/2015
Summary affirmance – trial court did not err, based upon totality of the evidence, in terminating appellant’s parental rights to her child
1782143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1783143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1784143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1785143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1827134 Robert E. Roy v. Commonwealth of Virginia 01/20/2015
Trial court did not err in conditioning appellant’s suspended sentence on indefinite periods of good behavior and supervised probation
0754141 Rhonda Kirschmann v. Dolly Kirschmann 01/13/2015
Judgment of trial court awarding custody of child to appellee affirmed where appellant’s assignments of error were not preserved pursuant to Rule 5A:18 and as appellant’s failure to comply with Rule 5A:20(e) is significant, Court will not consider her assignments of error
0999144 Dwight Thomas Grant, II v. Allison Joy Quigley 01/13/2015
Summary affirmance – trial court’s order awarding sole custody of parties’ children to appellee and ordering appellant to have no contact with children unless approved by the children’s health care providers and the guardian ad litem affirmed
1310143 Jennifer Dawn Carwile v. Department of Social Services for Campbell County 01/13/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1325143 Eric Eugene Black v. Department of Social Services for Campbell County 01/13/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
1409133 Michael Edward Wyatt v. Commonwealth of Virginia 01/13/2015
Evidence was sufficient to support appellant’s convictions of statutory burglary, grand larceny, and possession of a firearm by a convicted violent felon
1515141 Commonwealth of Virginia v. Jermaine Durell Spence 01/09/2015
Trial court erred in granting appellee’s motion to suppress the evidence because the seizure of appellee was proper under the Fourth Amendment
1170144 Kiet Anh Pham v. Thuy T. Bui 12/30/2014
Summary affirmance – trial court did not abuse its discretion in granting sole custody to appellee and denying appellant visitation with the child at this time
1221143 Milford Washington v. Faye Denise Lucas 12/30/2014
No error in trial court’s finding that it did not have personal jurisdiction over appellee to adjudicate appellant’s petition for separate maintenance
1522144 Derrick Hamilton v. Loudoun County Department of Family Services 12/30/2014
Summary affirmance – evidence was sufficient to support trial court’s finding that appellant’s children were in need of services
2457132 Charles J. DeLanoy v. Robin R. DeLanoy 12/30/2014
Trial court’s order pertaining to issues of fault grounds for divorce, equitable distribution, and spousal support affirmed in part and reversed in part
0778142 Christina Robinson v. Madison County Department of Social Services 12/23/2014
Trial court erred in treating appellant’s appeal from the JDR court as withdrawn and terminating appellant’s parental rights to her children as withdrawn where nothing in record indicated that appellant received proper notice of the circuit court hearing date
0917141 Orthopaedic and Spine Center v. Keystone Automotive Industries, Inc., et al. 12/23/2014
Commission erred in finding employer met its burden of proving a contractual relationship that would entitle it to benefit from discounts specified in the contract between appellant and another provider
1369142 RDW Home Improvement, Inc. and Accident Fund Insurance Company v. Justin Wilson 12/23/2014
Commission did not err in awarding benefits to appellee where appellee sustained a compensable injury by accident arising out of his employment
0078144 Marcus Abrams v. Washington Metropolitan Area Transit Authority 12/16/2014
Commission did not err in terminating appellant’s award of temporary total disability benefits where it found that appellee proved that appellant could return to his pre-injury employment
0109141 Carla Bridget Torres-Lara v. Accomack County Department of Social Services 12/16/2014
No error in trial court’s decision terminating appellant’s parental rights to her son where decision was supported by clear and convincing evidence that termination was in child’s best interest
0226132 Eric Christopher McCarter v. Commonwealth of Virginia 12/16/2014
Trial court erred in admitting officer’s testimony regarding daughter’s age into evidence as it was inadmissible hearsay; convictions of contributing to delinquency of a minor reversed and remanded to trial court
0455144 Christina Maxson, s/k/a, etc. v. Stafford County Department of Social Services 12/16/2014
Summary affirmance – no error in trial court’s determination that termination of appellant’s parental rights to her child was in child’s best interests
0652133 Travis Deon Stanley v. Commonwealth of Virginia 12/16/2014
Trial court did not err in denying appellant’s mid-trial motion to examine an empaneled juror who indicated that she knew or recognized a witness in the case; trial court did not err in denying motion for mistrial where nothing in record shows its prior determination of impartiality reached at conclusion of voir dire process was undermined
1274143 Commonwealth of Virginia v. James Gerard Phillips, Jr. 12/16/2014
Trial court erred in granting appellee’s motion to dismiss where there was probable cause to believe the container the appellee attempted to hide and then discard in his vehicle contained a controlled substance
1361134 Donnie Ray Exline, Sr. v. Commonwealth of Virginia 12/16/2014
Trial court did not err in denying appellant’s motion for a mistrial or his motion to set aside the verdict
1390143 A & G Coal Corporation and New Hampshire Insurance Company v. Edward Bright 12/16/2014
Summary affirmance – commission did not err in refusing to leave the record open after the hearing to permit appellants to obtain an independent medical examination of appellee, in finding appellee proved he sustained a work injury by accident, and in concluding appellee proved a mechanical change in his body caused by the accident
1637132 Tyrone L. Harris v. Commonwealth of Virginia 12/16/2014
No error in trial court’s finding that evidence was sufficient to prove victim suffered permanent and significant physical impairment
0362144 Maria D. Seminario v. Fairfax County Public Schools 12/09/2014
Commission did not err in calculating appellant’s average weekly wage for periods of temporary total disability by dividing her salary by 52 weeks instead of the actual number of weeks she worked as a teacher’s aide
0392143 Ann M. Hutchinson v. John E. Hutchinson, III 12/09/2014
Trial court erred in directing appellant to escrow proceeds from property already sold as that requirement was not part of divorce decree or agreement; trial court did not err in refusing to allow either party attorney’s fees and costs
0521142 James Leonard Parsons v. Ann Gallier Parsons 12/09/2014
No error in trial court’s determination of appellant’s income, in its award of spousal support to appellee based on that income, or in its classification of certain real estate parcels as marital property
0548142 Ann Gallier Parsons v. James Leonard Parsons 12/09/2014
Judgment of trial court regarding amount of appellee’s income, amount of award of spousal support to appellant, and its distribution of parties’ marital rental properties affirmed
1151143 Melody Katrice McNeil v. Pulaski County Department of Social Services 12/09/2014
Summary affirmance – no error in trial court’s decision terminating appellant’s parental rights to her son
1501133 James D. Cox, s/k/a James Davis Cox v. Commonwealth of Virginia 12/09/2014
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant possessed a sawed-off shotgun
1684134 LaDawn Shrieves King v. Commonwealth of Virginia 12/09/2014
Petition for Rehearing En Banc granted
0530143 John Victor Dritselis v. Mary Tsakires Dritselis 12/02/2014
Trial court’s order finding appellee proved a change in circumstances and reducing her spousal support obligation to appellant affirmed
0724144 Northern Virginia Training Center/Commonwealth of Virginia v. Cecelia Adomako 12/02/2014
Commission did not err in crediting doctor’s opinion that appellee suffered functional impairment to her right arm as a result of her injury to her shoulder; award of permanent partial disability benefits affirmed
1469133 Lynn Winston Wheeler v. Commonwealth of Virginia 12/02/2014
Trial court did not err in denying appellant’s motion to suppress where officers had probable cause to believe evidence of a crime was in the residence and exigent circumstances justified dispensing with the warrant requirement
1739131 Tremone Minter v. Commonwealth of Virginia 12/02/2014
Trial court erred in denying motion to suppress where officers did not articulate sufficient facts to objectively justify the conclusion that officer had a reasonable suspicion that appellant possessed a concealed weapon at time of seizure
0148142 Veronica L. Graves v. Commonwealth of Virginia 11/25/2014
No error in trial court’s finding that evidence was sufficient to support general district court judge’s finding of contempt of court where appellant appeared in that court to request a restricted driver’s license while appearing to be under the influence of drugs
0641144 G4S Government Solutions, Inc., et al. v. Brenice McDonald 11/25/2014
Commission erred in finding appellee established her injuries arose out of a risk of her employment
0852144 Andy Emami v. Roberta Harlowe 11/25/2014
Summary affirmance – no error in trial court’s classification of former marital residence, appellee’s retirement accounts, or appellee’s credit card debt in final decree
1002144 Commonwealth of Virginia v. Mark Nathaniel Vick, III 11/25/2014
Trial court did not err in granting motion to suppress where the apparent consent to search was invalid because the consent was not voluntarily given
1341144 Loudoun County Public Schools, et al. v. Laurie A. Jackson 11/25/2014
Summary affirmance – no error in commission’s finding that specific medical expenses, including mileage, were causally related to her compensable injury by accident and medically necessary
0264143 Brandon Creasey v. GP Big Island, LLC, et al. 11/18/2014
No error in commission’s order dismissing appellant’s claim for permanent partial disability benefits and denying his claim for temporary total disability benefits
0273143 GP Big Island, LLC, et al. v. Brandon D. Creasey 11/18/2014
No error in commission’s finding that appellee’s injury arose out of his employment due to the connection between the height of the step and appellee’s injury
0585133 Mark O'Hara Wright v. Commonwealth of Virginia 11/18/2014
No error in jury’s finding that evidence was sufficient to support convictions of grand larceny from the person, malicious wounding by means of a caustic substance, assault and battery of police officer, obstruction of justice, petit larceny, and contributing to delinquency of a minor
0851144 Anne-Lise Quinn v. John D. Irons 11/18/2014
Trial court did not abuse its discretion in finding appellant in contempt of court for violating section of marital settlement agreement where she was to retain college savings accounts for two of the minor children
0884142 Rubina Azam, f/h/a Rubina Miah v. Azhar Miah 11/18/2014
Summary affirmance – no error in trial court’s custody and visitation order awarding custody of child to appellee and his parents; trial court did not err in refusing to appoint a guardian ad litem for the child
1531133 Edward Chilton, s/k/a Edward Corndell Chilton v. Commonwealth of Virginia 11/18/2014
Trial court erred in finding evidence was sufficient to support conviction of strangulation where evidence did not prove that application of pressure to victim’s neck resulted in a bodily injury
1626131 Freddie Lee Hall, Jr. v. Commonwealth of Virginia 11/18/2014
No reversible error in trial court’s decision to admit a receipt found in appellant’s vehicle into evidence where receipt was of minimal evidential value and there was an extensive amount of direct and circumstantial evidence linking appellant to victim’s murder and its concealment
2150132 Alkeim Dwaine Howard v. Commonwealth of Virginia 11/18/2014
No error in trial court’s finding that evidence was sufficient to prove appellant intended the natural consequences of his actions and had the specific intent to kill officer at the time he choked him
0252142 Virginia Board of Veterinary Medicine v. Lori D. Leonard 11/12/2014
No error in trial court’s decision to allow appellee’s regulatory interpretation argument; trial court erred in not affording proper deference to appellant’s interpretation of its own regulation; decision of trial court reversed and appellant’s decision reinstated
1083134 Donald Arthur Herrington v. Commonwealth of Virginia 11/12/2014
Trial court did not err in denying appellant’s motion to quash amended indictment, in denying motion to dismiss indictment on speedy trial grounds, in denying motions for mistrial, in granting Commonwealth’s motion for continuance; trial court did not refuse to allow appellant to represent himself; evidence was sufficient to prove an intent to distribute
1169144 Washington Dulles International and Ins. Co. of the State of Pa. v. Atia Elyass 11/12/2014
Summary affirmance – commission did not err in awarding appellee temporary total disability benefits or in finding that appellants failed to establish doctrine of res judicata
1235134 Mirgazy Koroshev v. Commonwealth of Virginia 11/12/2014
Appellant’s conviction of violating a protective order affirmed where trial court did not err in admitting preliminary protective order into evidence or in finding appellant had proper personal service and notice of terms of order; issue regarding court’s response to jury question barred by Rule 5A:18
2285134 Octavila Garcia v. Loudoun County Department of Family Services 11/12/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)
2286134 Octavila Garcia v. Loudoun County Department of Family Services 11/12/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)
0282142 Willetta Blount Holmes v. City of Richmond Department of Social Services 11/04/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of her children or in approving a permanent placement goal of placement with relatives for two of her children
0824142 Catherine Streat Lanier v. Paul Owen Lanier, II 11/04/2014
Summary affirmance – no error in trial court’s order terminating appellee’s spousal support obligation to appellant based on a material change in circumstances
0869143 Scott Lee Hardy v. Charlotte M. Poston 11/04/2014
Summary affirmance – trial court did not err in proceeding on petition for adoption after granting motion to strike on petition for termination of parental rights; no error in trial court’s finding that appellant withheld his consent to adoption of his children by appellee contrary to their best interests
0895144 Paul H. Blalock v. Sherri Sue Blalock 11/04/2014
Summary affirmance – trial court did not err in modifying appellant’s spousal support obligation or in refusing to terminate appellant’s spousal support obligation
2103134 Delores Heffernan, s/k/a Delores O’Brien Heffernan v. Commonwealth of Virginia 11/04/2014
Trial court erred in holding appellant in summary contempt where the conduct occurred outside of the presence of the court and the court’s knowledge of the conduct necessarily depended on statements made by others
2336132 Dewitt L. Flournoy v. Virginia Employment Commission and E. F. Thompson Inc. 11/04/2014
Summary affirmance – trial court did not err in affirming decision finding appellant was disqualified for benefits because he voluntarily left work without good cause
1179143 Scott Feltner v. H & S Holdings, Inc. and Hartford Casualty Ins. Co. 10/28/2014
No error in commission’s finding that appellant failed to prove his accident arose out of his employment
1684134 LaDawn Shrieves King v. Commonwealth of Virginia 10/28/2014
Trial court erred in failing to properly instruct the jury on accident where appellant’s theory of the case was supported by more than a scintilla of evidence; convictions of malicious wounding and use of a firearm in commission of a felony reversed and remanded to trial court
1776131 Robert Joseph Miller v. Commonwealth of Virginia 10/28/2014
Trial court erred in excluding evidence of victim’s blood alcohol content on the night of the accident as not relevant to establish the cause of the accident that resulted in victim’s injuries; conviction of aggravated malicious wounding reversed and remanded to trial court
2209131 Malcom Andrew McClease v. Commonwealth of Virginia 10/28/2014
Appeal dismissed where trial court lacked jurisdiction to enter a second sentencing order, even if the first order contained legal error, as the original order was not void ab initio and the trial court did not vacate the original order until more than twenty-one days has passed
0160142 Sunrise Adult Day Care Center, LLC v. Commonwealth of Virginia, et al. 10/21/2014
Appeal dismissed insofar as it pertains to appeal of August 16, 2013 order where no timely notice of appeal to that order was filed; appeal of November 26, 2013 and December 27, 2013 order summarily affirmed
0278144 Stephen Hersl v. United Airlines, Inc. 10/21/2014
Commission did not err in denying appellant’s claim for benefits where appellant did not establish a causal link between the conditions of his workplace and his injuries
0757143 Crystal Hareford v. Harrisonburg Rockingham Social Services District 10/21/2014
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her son was in child’s best interest
0822141 Commonwealth of Virginia v. Marcus Wayne Dawson, Jr. 10/21/2014
Trial court erred in suppressing evidence because search warrant was supported by adequate probable cause without the facts obtained during unlawful protective sweep; remanded to trial court
1711134 Quyen Vinh Phan Le v. Commonwealth of Virginia 10/21/2014
No error in appellant’s convictions of three counts of possession of child pornography where evidence was sufficient to prove images of child depicted lewd displays of nudity that made them sexually explicit visual material
1783131 Debora Sue Auman v. Commonwealth of Virginia 10/21/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was under the influence of alcohol within the meaning of Code § 18.2-36-.1(A) and that her impairment was a proximate cause of the victim’s death
2171132 Spencer Lee Ford, Jr. v. Commonwealth of Virginia 10/21/2014
Appellant’s argument that he was denied due process due to circuit court clerk’s inability to certify record as complete and accurate waived under Rule 5A:18 where appellant sought no relief from the trial court or this Court to correct perceived errors or omissions in record; evidence sufficient to support conviction of aggravated malicious wounding
0099142 VCU Health System Authority-WC and VCU Health System Authority v. Marsha Booth 10/14/2014
Commission did not err in awarding appellee medical benefits where it found her injuries arose out of her employment as it found the metal strip was defective and caused appellee’s workplace accident and her subsequent injuries
0528142 Amparo Sanchez-Castro v. Arlington County Schools and VML Insurance Programs 10/14/2014
No error in commission’s finding that appellant’s shoulder injury was not compensable because appellant failed to carry her burden of establishing that the injury arose out of her employment
0660143 Donald Dickerson Wright, II v. Michele Smeltzer Wright 10/14/2014
Summary affirmance – appellant’s arguments regarding equitable distribution barred by Rule 1:1; argument regarding sale of certain property barred by Rule 5A:20(e)
1097134 Alfonso Louis Hardy v. Commonwealth of Virginia 10/14/2014
No error in trial court’s finding that appellant’s term of good behavior had not expired and that it had jurisdiction to revoke appellant’s suspended sentence based on his new conviction during the period of good behavior imposed in 2010 order where that order was merely voidable and not subject to collateral attack
1101134 Lonnie Alan Burch v. Commonwealth of Virginia 10/14/2014
Trial court did not err in refusing to instruct jury that appellant was entitled to use self-defense to resist an unlawful arrest where no arrest occurred as appellant was already incarcerated and appellant was not under arrest at the time of the assault
1298134 Moses Ulysess Harris v. Commonwealth of Virginia 10/14/2014
Trial court did not err in denying appellant’s motion to suppress video cassette or in denying appellant’s motion for a continuance; victim’s testimony was sufficient to support convictions of two counts of rape, two counts of carnal knowledge, five counts of taking indecent liberties by a custodian, and one count of manufacturing child pornography
0089142 Richard Ragsdale v. Lunenburg Department of Social Services 10/07/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his two children based on Code § 16.1-283(B
0349141 Smurfit-Stone Container Enterprises, Inc. and RockTenn CP, LLC v. Darrell Jones 10/07/2014
No error in commission’s award of benefits to appellee where evidence supports decision with regard to the medical evidence and commission’s decision regarding appellee’s marketing efforts is supported by credible evidence
0658142 Tomeka Beasley v. Lunenburg Department of Social Services 10/07/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her two children based on Code § 16.1-283(B)
1086144 Medela, Inc. and Arrowood Indemnity Company, etc. v. Kelly Antekeier 10/07/2014
Summary affirmance – no error in commission’s decision finding appellants responsible for certain necessary medical treatment casually related to appellee’s industrial accident
1256132 Carnell Lester Jackson v. Commonwealth of Virginia 10/07/2014
Trial court did not commit manifest error or abuse its discretion in refusing to strike Juror 15 for cause
1654134 Jerson Javier Jara Travezano v. Commonwealth of Virginia 10/07/2014
Trial court did not err in interpreting Code § 16.1-284 to provide trial court with discretion to commit a “delinquent child” to the Department of Juvenile Justice for an indeterminate period or in committing appellant to the Department of Juvenile Justice after he reached the age of 18
2226131 Norman Leo Madison v. Commonwealth of Virginia 10/07/2014
Appellant’s assertion that the Commonwealth’s explanation for striking four African-American members of the venire was a pretext for racial discrimination barred by Rule 5A:18 as it was not raised in the trial court
0276142 Michael Sattelmaier v. Credit Control Services, Inc. and Hartford Underwriters Inc. Co. 09/30/2014
Commission erred in relying solely on doctor’s notes and disregarding appellant’s uncontradicted, unimpeached testimony that his dental treatment was causally related to the work injury
0581142 Maria Angela Cook v. Volvo Fredericksburg, et al. 09/30/2014
Summary affirmance – no error in commission’s finding that appellant failed to prove she developed neutropenia as a compensable consequence of her work accident
1249143 Maria Aguilar v. Harrisonburg Rockingham Social Services District 09/30/2014
No error in trial court’s finding that appellee proved by clear and convincing evidence that the child’s abuse presented a serious and substantial threat to her life, health or development and that it was not reasonably likely that the conditions resulting in such abuse or neglect could be substantially corrected to allow the child’s safe return
2123132 Clifton Lee Harris v. Laura Teresa Harris 09/30/2014
Trial court did not err in dismissing appellant’s complaint to rescind the parties’ post-nuptial agreement where it determined doctrine of res judicata applied as agreement had been incorporated into final decree of divorce which became final 21 days after its entry
2322132 Ronnie Matthew Cousins v. Commonwealth of Virginia 09/30/2014
Evidence was sufficient to prove appellant was the operator of the vehicle and that he used the vehicle without the owner’s consent; appellant’s arguments regarding whether he had knowledge a person was injured and whether he rebutted the presumption that he was driving under the influence barred by Rule 5A:18
0198132 Emmanuel Artis v. Commonwealth of Virginia 09/23/2014
Trial court erred in excluding video recording which was relevant to determine whether Commonwealth’s witnesses were biased against appellant; appellant’s conviction of trespassing reversed and matter remanded to trial court for further proceedings
0412142 Carle Whitehead, Jr. v. MPW Industrial Services, Inc., et al. 09/23/2014
Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider appellant’s arguments
0469141 Amirah Alfarqui v. Newport News Department of Human Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0470141 Amirah Alfarqui v. Newport News Department of Human Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0471141 Amirah Alfarqui v. Newport News Department of Human Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0473141 Amirah Alfarqui v. Newport News Department of Human Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1013143 Patricia Henley v. Bristol Department of Social Services 09/23/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four children
0205132 Cornell McDaniel Branch v. Commonwealth of Virginia 09/16/2014
Decision of trial court not to take case under advisement and defer disposition affirmed where record does not show that trial court ruled it lacked the authority to do so
0431143 Angela M. Gregory v. Pamela S. Martin 09/16/2014
Trial court erred in denying appellant’s motion for visitation and granting appellee’s petition regarding adoption of child without hearing all the evidence; matter remanded to trial court for further proceedings
0897142 The Salvation Army and Chesterfield Services, Inc. v. Veronica Banks 09/16/2014
Summary affirmance – no error in commission’s finding that a YMCA membership, as recommended by appellee’s treating physician, was reasonable, necessary, and causally related to her compensable shoulder injury
0898142 Redeemer Lutheran Church and Brotherhood Mutual Insurance Co. v. Judith Weaver 09/16/2014
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury arising out of her employment
0959144 Virginia Hospital Center and Safety National Casualty Corp. v. Faustine Cooper 09/16/2014
Summary affirmance – no error in commission’s finding that appellee’s recommended surgery was causally related to her compensable injury
2137131 Mattie Mae Woodberry v. Commonwealth of Virginia 09/16/2014
Trial court did not err in denying appellant’s motion to suppress search of appellant’s vehicle where police were justified in searching both passenger compartment and trunk; argument regarding her statement to officer waived under Rule 5A:18
2141134 Janice Wolk Grenadier v. David Mark Grenadier 09/16/2014
No error in trial court’s denial of appellant’s motions pursuant to Rule 1:1
2301132 Associated Aluminum Products and et al. v. Silvestre Elvira-Menez, et al. 09/16/2014
No error in commission’s finding that appellee’s injury arose out of his employment or its finding that appellant was appellee’s statutory employer; award of benefits affirmed
0222144 Kristin L. Burns v. Kenneth W. Sullivan 09/09/2014
Summary affirmance – order of trial court confirming legal and physical custody of children continues with appellee and denying visitation to appellant affirmed
0282142 Willetta Blount Holmes v. City of Richmond Department of Social Services 09/09/2014
Summary affirmance – termination of appellant’s parental rights to her children and decision approving a permanent goal of placement with relatives for her children affirmed where appellant failed to timely file a transcript or statement of facts and one is needed to determine issues raised on appeal
0811143 Rockingham Memorial Hospital, etc. v. Mary Beth Bailey 09/09/2014
Summary affirmance – no error in commission’s finding that appellee’s current condition and surgery were reasonable, necessary, and causally related to her prior work accident
1463134 Xin Li v. Town of Herndon 09/09/2014
No error in trial court’s finding that appellant was an “operator” of the massage establishment based upon her admission that she was the manager
1705132 Brian Lamont Moore v. Commonwealth of Virginia 09/09/2014
No error in trial court’s finding that evidence was sufficient to prove appellant forged the check, uttered the forged check, and deprived the owner of property valued in excess of the statutory minimum
2405131 Shannon Hough v. Mathews Department of Social Services 09/09/2014
Summary affirmance – order terminating appellant’s parental rights to her son affirmed
0551142 Arleequa McKie v. Richmond Department of Social Services 09/02/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
2105132 Basil Jabbaar Neblett v. Commonwealth of Virginia 09/02/2014
No error in trial court’s finding that evidence was sufficient to prove fair market value of stolen cell phone met or exceeded threshold requirement for grand larceny
2259131 Bruce Edward Cahill v. Maureen A. Cahill 09/02/2014
Trial court did not abuse its discretion in awarding appellee $22,540.88 for her attorney’s fees and costs incurred on prior appeals and on remand
0410141 Daniel F. Broadhurst 810-11566, et al. v. Daniel Broadhurst 08/26/2014
Summary affirmance – no error in commission’s decision amending the average weekly wage of appellee
1338131 Dainna Lynn Kemp v. Commonwealth of Virginia 08/26/2014
Trial court erred in finding evidence sufficient to prove a conviction of child neglect where evidence did not prove the filthy conditions of house demonstrated a reckless disregard for human life or that child was subjected to a substantial risk of serious injury or death; conviction reversed and indictment dismissed
1667131 Tyrone Parker v. Commonwealth of Virginia 08/26/2014
Trial court did not err in denying appellant’s motion to suppress where totality of circumstances demonstrates encounter was consensual until officer learned appellant had possession of a bicycle reported stolen and arrested appellant
1943131 Commonwealth of Virginia v. Anthony Newsome 08/26/2014
Trial court erred in running one year of sentence imposed for possession of a firearm while possessing with the intent to sell more than one pound of marijuana concurrently with the sentence imposed for possession of a firearm by a nonviolent convicted felon; matter remanded to trial court for resentencing
0051142 Frederick W. Plaisted v. Kimberly F. Plaisted 08/19/2014
Trial court erred in ordering appellant to transfer a one percent interest in his membership interest in a commercial real estate partnership to appellee; remainder of judgment affirmed; remanded to trial court for further proceesings
0562134 Storme Gary Swann, a/k/a, etc. v. Commonweatlh of Virginia 08/19/2014
Trial court erred in allowing officer to testify as to the content of the anonymous tip he received from Crime Solvers
1358132 Jessica Johnson v. Commonwealth of Virginia 08/19/2014
No error in trial court’s finding that evidence was sufficient to prove a breaking and entering occurred, that the larceny occurred simultaneously with the breaking, and that appellant’s unexplained possession of recently stolen property gave rise to inference that she was guilty of breaking and entering and grand larceny
1666132 Codarrell Lee Yates v. Commonwealth of Virginia 08/19/2014
No error in trial court’s finding that appellant’s unexplained possession of recently stolen property gave rise to inference that he was guilty of breaking and entering and grand larceny
2108133 James C. Caldwell v. Angela H. Caldwell 08/19/2014
Trial court did not err in its interpretation of parties’ post-separation agreement or in finding appellant breached his obligations under the health insurance provisions section of the agreement
0069142 Chesterfield County Public Schools v. Laura A. Patrick 08/12/2014
Decision of commission affirmed as appellant was not denied due process by the commission’s decision to award temporary partial disability benefits to appellee
0615143 Rockingham Memorial Hospital, et al. v. Maureen Norris 08/12/2014
Summary affirmance - no error in commission’s finding that appellee suffered compensable injuries arising out of her employment and that her care was authorized treatment
1795131 Raijai Riddick, s/k/a Rajai Riddick v. Commonwealth of Virginia 08/12/2014
Trial court erred in holding that evidence was sufficient to convict appellant of child neglect under Code § 18.2-371.1(B)(1)
2289132 Target Corporation and Sedgwick Claims Management v. Amira A. Hussein 08/12/2014
Commission did not err in awarding appellee additional medical benefits related to her work injury
0405132 Carlson Bryant Folly v. Commonwealth of Virginia 08/05/2014
Trial court did not err in denying appellant’s motion to suppress where officer had a reasonable suspicion based on totality of circumstances known to him at time of stop that appellant was or was about to be engaged in criminal activity; evidence was sufficient to prove that appellant intended to possess cocaine and distribute it to others
2060131 Bayard Bryon Campbell v. Laura Pendleton Campbell 08/05/2014
Judgments of trial court pertaining to spousal support and equitable distribution affirmed in part, reversed in part, and remanded to trial court for further proceedings
0576141 Lori Dennis v. York-Poquoson Department of Social Services 07/29/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children and approving the foster care plans with the goal of adoption
1363131 Phillip David Yaconis v. Commonwealth of Virginia 07/29/2014
No error in appellant’s convictions of statutory burglary, petit larceny, and larceny with intent to sell where evidence proved that home appellant broke into was a dwelling house, that appellant entered house with intent to commit larceny; trial court did not err in excluding any evidence that house had been condemned and in imposing post-release supervision
1466131 Jacobi Frazier v. Commonwealth of Virginia 07/29/2014
Trial court did not err in denying appellant’s motion to suppress where trial court concluded that probable cause supported appellant’s arrest and any search incident to that arrest was proper
1977131 Stephanie Wallace v. Commonwealth of Virginia 07/29/2014
Trial court did not err in finding evidence was sufficient to prove appellant intended to distribute the marijuana in her vehicle
2092132 Laura McGhee v. Henrico Department of Social Services 07/29/2014
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children under Code § 16.1-283(C)(2) or in entering permanency planning orders with goal of adoption
2093132 Charles McGhee v. Henrico Department of Social Services 07/29/2014
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children under Code § 16.1-283(C)(2)
0418144 Commonwealth of Virginia v. Charles Albert Massey, III 07/25/2014
Appeal dismissed where statute allowing Commonwealth a limited right of appeal does not encompass appeals from evidence excluded under the Rules of Evidence
0206142 Velma Shante Chambers Ayres v. Cumberland County Department of Social Services 07/22/2014
Summary affirmance – no error in trial court’s finding that evidence was sufficient to find termination of appellant’s parental rights to her child was in child’s best interests
0598142 Rhiannon Williams v. Charlottesville Department of Social Services 07/22/2014
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove that appellant abused or neglected her child
1544131 Antonio Freeman v. Commonwealth of Virginia 07/22/2014
No error in trial court’s finding that evidence was sufficient to prove appellant stole the DVDs and that the value of the stolen goods exceeded $200
1558131 Carlton Lee Watkins v. Commonwealth of Virginia 07/22/2014
Trial court erred under best evidence rule by admitting into evidence witness’ testimony regarding price of stolen jeans where Commonwealth did not produce either tags or an explanation as to why tags were not available
1625131 Gary Ray Sugg v. Commonwealth of Virginia 07/22/2014
No error in trial court’s finding that it lacked jurisdiction to consider appellant’s motion to set aside the verdict as more than twenty-one days had passed since entry of the final sentencing order
0106144 Ricardo Esteban Astudillo v. Fairfax County Department of Family Services 07/15/2014
Summary affirmance – trial court’s termination of appellant’s parental rights affirmed where appellant did not challenge one of the subsections under which his rights were terminated which forecloses need to consider termination under alternative subsections
0119131 Cameron Paul Crockett v. Commonwealth of Virginia 07/15/2014
Trial court did not err in denying appellant’s motions for a new trial based on after-discovered evidence or in finding appellant failed to make a prima facie case of purposeful discrimination in the jury selection process
0336143 Kenneth Sturgill v. Wise County Department of Social Services 07/08/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
0671131 Jonathan Keyes v. Commonwealth of Virginia 07/08/2014
No error in trial court’s finding that evidence was sufficient to prove a detention of the victim and that appellant acted without legal justification when he denied the police entry
1604131 Jamie Montez-Ellis Nunnally v. Commonwealth of Virginia 07/08/2014
No error in trial court’s finding that evidence was sufficient to conclude appellant conspired to intimidate the victim of a burglary to prevent her from testifying
1408131 Jason Lamont Trusty, s/k/a Jason Trusty, Sr. v. Commonwealth of Virginia 07/01/2014
No error in trial court’s finding that evidence was sufficient to prove appellant resided in the bedroom where the drugs and firearm were found
2030134 Sebastian Mauro Cerda, etc. v. Fairfax County Department of Family Services 07/01/2014
No error in trial court’s finding that termination of appellant’s parental rights to his two children was in their best interest
2055134 Kathleen Mary Fabian-Cerda, etc. v. Fairfax County Department of Family Services 07/01/2014
No error in trial court’s finding that termination of appellant’s parental rights to her two children was in their best interest
0323142 Food Lion, LLC Delhaize America, Inc. v. Timothy Gorde 06/24/2014
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury arising out of his employment and was entitled to lifetime medical benefits and temporary total disability benefits
0434143 Lowe's Home Companies, Inc. and Sedgwick Claimant's Management Services, Inc v. Ronald R. Landes 06/24/2014
Summary affirmance – no error in commission’s finding that appellee suffered compensable injuries arising out of his employment and the injury to his knee materially aggravated a pre-existing condition
1575134 Dre Martina Roberts v. County of Loudoun 06/24/2014
No error in trial court’s finding that evidence was sufficient to prove appellant hindered the deputy in the performance or discharge of his duties
1675131 Stephon Jermain Turner v. Commonwealth of Virginia 06/24/2014
No error in trial court’s finding that appellant was aware of the nature and character of the firearms and that they were subject to his dominion and control, either individually or jointly
0003144 Republic Airways Holdings, Inc. and Chubb Indemnity Insurance Company v. Cynthia Miller 06/17/2014
Commission did not err in finding appellee suffered a compensable injury where evidence supports its finding that a slippery surface on the escalator caused appellee to fall
0132142 Commonwealth of Virginia v. Kevin Anthony Rosser 06/17/2014
Trial court did not err in granting motion to suppress where officer did not have reasonable, articulable suspicion to initiate an investigatory stop
2102134 Delores O’Brien Heffernan v. Arlington County Department of Human Services 06/17/2014
Trial court did not err in modifying the existing no contact order between appellant and her granddaughter which further restricted appellant’s access to her granddaughter
2282132 Marvin Marable v. Stafford Detention Center/ Commonwealth of Virginia 06/17/2014
Summary affirmance – commission did not err in refusing to award appellant temporary total disability benefits, wages, and lifetime medical benefits where it found appellant did not prove by a preponderance of the evidence that the injuries were causally related to his workplace accident
1748134 Shawnda I. Rush v. Commonwealth of Virginia 06/10/2014
Appellant’s argument that trial court violated her due process rights by appointing the GAL as a special prosecutor is barred by Rule 5A:18; evidence was sufficient to support appellant’s conviction of criminal contempt
2038131 Keith A. Kidd v. Gwendolyn R. Kidd 06/10/2014
Trial court did not err in finding appellant did not prove adultery, in fashioning the equitable distribution and spousal support awards, or in awarding appellee attorney’s fees; we are unable to consider challenge to exclusion of witness testimony where record does not contain a proper proffer of the alleged testimony
2100122 Katherine S. Murray v. Kelly A. Sensabaugh and B. Lee Sensabaugh 06/10/2014
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s visitation with her child was in child’s best interests
2101122 Katherine S. Murray v. Kelly A. Sensabaugh and B. Lee Sensabaugh 06/10/2014
As order appealed from is not a final appealable order or an interlocutory order adjudicating the principles of the cause, this Court is without jurisdiction to entertain the appeal and it is dismissed
2376134 Trevor D. Williams v. Virginia Employment Commission and Manpower International 06/10/2014
Summary affirmance – trial court did not err in affirming decision that appellant was disqualified from receiving unemployment benefits because he was discharged for misconduct in connection with his work
0080143 Sylvester Lee v. Dynax America Corporation, et al. 06/03/2014
Summary affirmance – commission did not err in denying appellant’s claim for benefits
0159143 Tamea Franco Woodward v. Robert Wayne Woodward, Jr. 06/03/2014
Summary affirmance – no error in trial court’s finding that post-nuptial agreement was not unconscionable; final decree of divorce affirmed
0177141 Sandra Dellairo, Widow of Natan Dellairo, Deceased v. Rountree Construction Company, Inc., et al. 06/03/2014
Summary affirmance – commission did not err in denying appellant death benefits following the death of her husband where appellant failed to meet her burden of proof by establishing a causal connection between the cervical epidural injection and her husband’s death
0250141 Milton Brown v. BFI Waste Services, LLC, and American Zurich Insurance Company 06/03/2014
Summary affirmance – commission did not err in denying appellant’s request for sanctions to include fees, penalties, and costs against appellees
0974133 Jonathan Collins v. Commonwealth of Virginia 06/03/2014
Trial court erred in finding Commonwealth proved venue where evidence did not prove appellant stole or ever possessed the stolen tools in Pittsylvania County
1417134 Yong Hugh v. Hyesun Hugh 06/03/2014
Trial court erred in refusing to value and distribute parties’ business and in classifying two post-separation lines of credit advances taken by appellant as marital; trial court did not err in ordering appellant to return certain personal property to appellee and in ordering appellant to pay a portion of appellee’s expert’s fee
1438134 Hyesun Hugh v. Yong Hugh 06/03/2014
Trial court erred in refusing to value and distribute parties’ business and in classifying two post-separation lines of credit advances taken by appellant as marital
1561133 Virginia Department of Corrections v. Tammy M. Hayden 06/03/2014
Trial court erred in reversing hearing officer’s decision terminating appellee’s employment; trial court reversed and final judgment entered reinstating hearing officer’s decision
1679133 Richard Yowell v. Royal Import, Inc. and Uninsured Employer’s Fund 06/03/2014
Commission did not err in denying appellant’s claim where appellant failed to meet his burden of proving a compensable injury
1945132 Thomas Ervin Barrett, Jr. v. Dominion Resources Services, et al. 06/03/2014
No error in commission’s denial of benefits where facts did not show a causal connection between any condition of appellant’s workplace and his injury
2027133 J. C. McCoy, Jr. v. Tiffany Danielle Kiser McCoy 06/03/2014
Summary affirmance – appellant’s arguments do not merit our consideration under the ends of justice exception; trial court’s orders denying spousal support and regarding equitable distribution affirmed
2158133 William R. Jernigan, Jr. v. Steven Goff and Angela Goff 06/03/2014
Trial court did not abuse its discretion in denying appellant’s motion for a continuance to subpoena witnesses; order finding appellant’s consent to adoption of his child withheld contrary to best interest of child affirmed
2215131 Cynthia Gayle Smith v. Michael Keith Smith, Sr. 06/03/2014
Summary affirmance – appellant failed to file a transcript or written statement of facts and Court finds that a transcript or written statement of facts is indispensable to determination of assignments of error raised on appeal
2280134 Sergio Gutierrez-lazo v. Coburn & Clay Building Development Corporation, et al. 06/03/2014
Commission did not err in denying appellant benefits where appellant violated a known safety rule by placing his hand too close to a moving saw blade
2334131 Lori D. Burchette v. Anthony Curtis Burchette 06/03/2014
Summary affirmance – final decree of divorce affirmed
0098144 Deborah J. Baker v. WalMart Associates, Inc., et al. 05/27/2014
Summary affirmance – no error in commission’s finding that appellant’s condition was a consequence of a compensable consequence and not compensable
0176143 Colonial Beach Public Schools, et al. v. Beverly E. Horner 05/27/2014
Summary affirmance – no error in commission’s finding that appellee was entitled to benefits based on a fall arising out of her employment
1104131 William H. Cradle, s/k/a William Henry Cradle v. Commonwealth of Virginia 05/27/2014
No error in trial court’s denial of appellant’s motion to set aside verdict for inconsistency where trial court sufficiently explained its ruling and did not issue inconsistent verdicts
1254121 Alfred Gilliam, Jr. v. Commonwealth of Virginia 05/27/2014
Upon a Rehearing – trial court erred in admitting inadmissible hearsay as to cost of repairs to house; matter remanded to trial court for a new trial if Commonwealth be so advised
1372133 Lorrie Arrington Padgett v. Commonwealth of Virginia 05/27/2014
Trial court did not err in finding appellant maintained a supervisory or custodial relationship over victim when two engaged in sexual relations; conviction of taking indecent liberties with a child by a person in a custodial or supervisory relationship affirmed
1404132 Robert Ray Crouch v. Commonwealth of Virginia 05/27/2014
Trial court erred in denying appellant’s motion to strike where evidence did not prove that appellant took property belonging to another; convictions of obtaining money by false pretenses reversed and indictments dismissed
1467132 Susan Engelbrecht v. Clyde Davenport 05/27/2014
Summary affirmance – a transcript of written statement of facts is indispensable to issues of child custody and visitation and record contains neither; appellant failed to comply with Rule 5A:25 and Rule 5A:20 and as that failure is significant, Court will not consider her arguments raised on appeal
1499133 David A. Shaver v. Department of State/Commonwealth of Virginia 05/27/2014
Commission did not err in denying appellant wage loss benefits during his period of total temporary disability where appellant had voluntarily retired and suffered no wage loss resulting from his occupational disease
1961133 Brenda Lee Bowman v. Robert Ray Bowman 05/27/2014
Summary affirmance – appellant’s argument regarding spousal support barred by Rule 5A:18; arguments regarding award of marital residence to appellee and trial court’s adoption of list of personal property prepared by appellee not considered due to appellant’s significant failure to comply with Rule 5A:20(e)
2157133 Arthur M. Lipscomb v. City of Lynchburg 05/27/2014
No error in commission’s findings that the Code § 65.2-402 presumption did not apply and that appellant was not entitled to an award of medical benefits
2179124 John Christopher Reynolds v. Commonwealth of Virginia 05/27/2014
Trial court did not err in denying appellant’s motion to suppress evidence obtained from a GPS unit or from cell-site data court orders
2319121 Tramone Antonio Johnson v. Commonwealth of Virginia 05/27/2014
No error in trial court’s finding that evidence was sufficient to prove appellant intended to permanently maim, disfigure, disable or kill victim and that he attempted to rob victim; trial court did not err in denying motion to set aside verdict based on Commonwealth’s failure to disclose exculpatory evidence
2377134 Arjun Nowlakha v. Petra Ann Nowlakha 05/27/2014
Summary affirmance – trial court did not err in awarding appellee spousal support where it determined that denying appellee the award would create a manifest injustice
2384133 The Pittston Company v. Franklin Calo 05/27/2014
Summary affirmance – no error in commission’s award of temporary total disability benefits for one day
0008141 The Uninsured Employer’s Fund v. Laquita Edna Opperman and Vicky Little t/a Little Cleaner 05/20/2014
Summary affirmance – no error in commission’s finding that claimant remains disabled from her October 31, 2008 work accident
0041144 Eton A. Thomas v. LSG Sky Chefs Deutsche Lufthansa and Liberty Insurance Corporation 05/20/2014
Summary affirmance – commission did not err in dismissing appellant’s request for review of deputy commissioner’s decision as it was not timely filed
0304134 William L. Ballard v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that injuries victim suffered were permanent and significant; conviction of aggravated malicious wounding affirmed
0555133 Justin Metro Arehart v. Commonwealth of Virginia 05/20/2014
No reversible error in trial court’s exclusion of evidence regarding incidents of prior violent conduct of victim to establish victim’s character for turbulence and violence as appellant was not repelling any act of violence directed at appellant or another
0758131 Antonio Bobby Wright v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that appellant possessed a firearm in the same time frame as he possessed marijuana with the intent to distribute it
1040132 Darryl Lamont Hawkins v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that evidence was sufficient to prove appellant possessed and manufactured the marijuana with the intent to distribute it
1201131 Dax Juaquin Maness v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that evidence was sufficient to establish that appellant’s behavior satisfied the statutory definition of obscenity
1295133 Rita Fay Darby v. Commonwealth of Virginia 05/20/2014
No error in trial court’s finding that evidence was sufficient to prove appellant wrongfully acquired, possessed, and misused a credit card in her ex-husband’s name without his knowledge or consent
1354134 Navin K. Sitoula v. Suruchi Sitoula 05/20/2014
Summary affirmance – trial court did not err in awarding child and spousal support, in calculating appellant’s gross income, or in awarding attorney’s fees to appellee
1628133 Carissa Michelle Johns v. Charles Edward Johns 05/20/2014
Summary affirmance – trial court did not err in denying appellant’s request for continued spousal support
2127134 Rene Chavez v. Arlington County Department of Human Services 05/20/2014
No error in trial court’s finding that evidence was sufficient to prove appellant abused his girlfriend’s child
2320133 Bienvenido Tejada v. Cargill Meat Solution Corporation, et al. 05/20/2014
Summary affirmance – appellant’s argument that commission erred by denying appellant effective cross-examination of witnesses’ testimony because it was not translated from Spanish to English barred by Rule 5A:18
2321131 Sherri Holyfield v. Sentra Healthcare and Sentra Healthcare, Inc. 05/20/2014
Commission did not err in finding appellant failed to carry her burden of establishing a permanent partial disability existed or developed within the limitations period
0177131 Keith Daniel Carter v. Commonwealth of Virginia 05/13/2014
No error in trial court’s finding that evidence was sufficient to prove that appellant intentionally and knowingly sold counterfeit jerseys bearing registered marks of several professional sports organizations without their permission
0482131 Christian Eugene Robbins v. Commonwealth of Virginia 05/13/2014
No error in trial court’s holding that Code § 18.2-266 defines one offense of driving under the influence and the subsections set forth the means by which the offense may be proved
0569132 Jacob Javay Ruff, a/k/a Jacob Jarvaya Ruff v. Commonwealth of Virginia 05/13/2014
Trial court did not err in finding evidence sufficient to prove appellant had the intent to cause the involuntary termination of victim’s pregnancy and that he acted with malice; appellant’s argument that Code § 18.2-51.2(B) is inapplicable to male assailants barred by Rule 5A:18
0625131 Jerome Clay Calfee v. Commonwealth of Virginia 05/13/2014
No error in trial court’s finding that evidence was sufficient to prove grand larceny where court could infer appellant intended to steal all the items in shopping cart, not just items he had put in bags
1411133 Ethan Aubrey Bliss v. Commonwealth of Virginia 05/13/2014
No error in trial court’s finding that appellant knowingly possessed child pornography; trial court did not err in revoking appellant’s unrelated suspended sentences based on new conviction
1439132 Correctional Administration/Commonwealth of Virginia v. Charles G. Grubbs 05/13/2014
Commission erred in finding appellee’s accident arose out of his employment where his fall was unexplained
2303133 Corine Hileman v. Boddie Noell Enterprises and Boddie Noell Enterprises, Inc. 05/13/2014
Summary affirmance – no error in commission’s finding that appellant failed to prove her right ankle injury was causally related to her September 1, 2010 work accident
2430134 Greyhound Lines, Inc. and Ace American Insurance Company v. Phillip Redfearn 05/13/2014
Summary affirmance – no error in commission’s finding that appellee’s current disability is causally related to his compensable injury by accident
0247134 Abdul Karim Jalloh v. Commonwealth of Virginia 05/06/2014
Trial court did not abuse its discretion in refusing appellant’s proposed jury instruction addressing the abandonment of property as it was not supported by more than a scintilla of the evidence
0828131 Tyree Lamont Moore v. Commonwealth of Virginia 05/06/2014
No error in trial court’s finding that evidence was sufficient to prove a bodily injury under Code § 18.2-51.6; appeal of revocation of appellant’s suspended sentences moot where evidence was sufficient to support underlying strangulation conviction
0941132 Dayman Aaron Carter v. Commonwealth of Virginia 05/06/2014
No error in trial court’s finding that appellant violated the terms and conditions of his supervised probation; trial court did not err in imposing the entirety of appellant’s previously suspended sentence
1378132 Laura Ann Weedon v. David E. Weedon 05/06/2014
Judgment of trial court awarding appellee personal judgment against appellant affirmed in part, dismissed in part, and reversed and remanded to trial court in part
1841132 Roger W. Moschler v. Kenco Group/Glaxo Smith Kline, et al. 05/06/2014
Summary affirmance - commission properly determined that it did not have jurisdiction over the case where there was no timely request for review or allegation of fraud or mutual mistake in prior settlement agreement
1997134 Husain R. Khan v. Rasia Khan 05/06/2014
Summary affirmance – no error in trial court’s order regarding modification of support and the division of retirement
2176133 Otis Lee Douglas, Sr. v. Lynchburg Department of Social Services 05/06/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his three children
2257134 Corneilius Jerome Johnson, etc. v. Fairfax County Department of Family Services 05/06/2014
Summary affirmance – as appellant failed to challenge termination of his parental rights under Code § 16.1-283(B), the issue of whether termination under Code § 16.1-283(C) was warranted is rendered moot
0240134 Joshua Brent McClary v. Commonwealth of Virginia 04/29/2014
Trial court did not err in relying on appellant’s conviction for violating Code § 18.2-361 to revoke part of appellant’s suspended sentences
0795132 Christopher E. Cottrell v. Commonwealth of Virginia 04/29/2014
Trial court did not err in refusing to strike felony portion of charge of assault and battery of correctional officer where evidence proved victim was a correctional officer within meaning of statute; issue regarding motion for joinder barred by Rule 5A:18
0818132 Tyvone Freeman, s/k/a Tyvone O. Freeman v. Commonwealth of Virginia 04/29/2014
Appellant’s convictions of abduction affirmed where appellant went beyond minimum detention necessary to either rob or attempt to rob two victims he seized from their offices and forced at gunpoint to reassemble with other intended victims
1137131 De'ante Lavon Johnson v. Commonwealth of Virginia 04/29/2014
Evidence sufficient to support breaking and entering and grand larceny convictions for one victim; evidence insufficient to support two additional breaking and entering and grand larceny convictions; probation revocation matter remanded to trial court for reconsideration
1205134 Alysa N. Youngson v. Christopher E. Brautigam 04/29/2014
Summary affirmance – trial court’s order denying/dismissing appellant’s bill of review affirmed
1289133 Lewis-Gale Medical Center, LLC v. Cynthia C. Romero, M.D., State Health Commissioner, etc. 04/29/2014
No error in trial court’s affirmance of appellee’s denial of appellant’s application for a certificate of public need
1915134 Doneice Redd v. Loudoun County Department of Family Services 04/29/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1991134 Doneice Redd v. Loudoun County Department of Family Services 04/29/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0520131 Valerie Yvonne Lewis v. Commonwealth of Virginia 04/22/2014
Appellant did not preserve the issues presented on appeal and the ends of justice exception does not apply; Court will not address merits of appellant’s appeal
1090134 Thomas Sunghan Kim v. Commonwealth of Virginia 04/22/2014
Trial court did not err in convicting appellant of unlawfully throwing or shooting a missile into an occupied dwelling; evidence was sufficient to satisfy the statutory peril requirement in Code § 18.2-279; trial court was entitled to find that appellant’s slingshot was a weapon
1462133 Dawn News Rush v. Jeffrey Clay Carico 04/22/2014
Summary affirmance – trial court did not err in concluding that there was no material change in circumstances that warranted a change in custody; other issue raised on appeal procedurally barred
1897122 The Chesapeake Bay Foundation, Inc., et al. v. Commonwealth of Virginia, etc., et al. 04/22/2014
Judgment of trial court affirmed without a controlling opinion
2196133 Carol Burke, etc. v. Dickenson-Russell Coal Company, LLC, et al. 04/22/2014
Summary affirmance – commission did not err in finding that the evidence failed to prove by a preponderance of the evidence that Michael Burke suffered from the occupational disease of coal workers’ pneumoconiosis
0275132 Edward James Davis, Jr. v. Commonwealth of Virginia 04/15/2014
Trial court did not err in finding evidence was sufficient to prove appellant had sexual intercourse with the victim through the use of force and intimidation
0463131 Travis Lanarda Bailey v. Commonwealth of Virginia 04/15/2014
Trial court did not err in denying motion to suppress where evidence did not prove appellant’s free will was overborne and this consent to search was therefore valid; evidence sufficient to prove weapon appellant possessed was a firearm within meaning of statute
1605122 Joseph William Greene v. Commonwealth of Virginia 04/15/2014
Court finds appellant’s asserted error waived where it was not part of the assignment of error in the petition for appeal or on brief
1683134 Xochitl Gomez v. Loudoun County Department of Family Services 04/15/2014
Summary affirmance – trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to her child
2115133 Joshua Sexton v. Dickenson County Department of Social Services 04/15/2014
Summary affirmance – trial court did not err in finding evidence clear and convincing to prove appellant unwilling or unable to substantially remedy conditions leading to placement of children in foster care, that additional six months would not change situation, and that termination was in children’s best interest
0730132 Allen Wade Briggs v. Commonwealth of Virginia 04/08/2014
No error in trial court’s finding that evidence was sufficient to prove appellant embezzled money from his employer
0961132 Kimberly Rene Abbitt v. Commonwealth of Virginia 04/08/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of attempted larceny by false pretenses
1231132 Earl Don Manning, Jr v. Commonwealth of Virginia 04/08/2014
Trial court erred in finding evidence was sufficient to prove appellant had the intent to defile when he abducted victim; conviction vacated and matter remanded to trial court
1935133 Eddie R. Cantor v. Westmoreland Coal Company, et al. 04/08/2014
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1986134 Dr. Yvoune Kara Petrie, D.C. v. Virginia Board of Medicine 04/08/2014
Summary affirmance – trial court did not err in upholding appellee’s decision that appellant violated certain laws governing the practice of chiropractic
2007131 Candace O’Reilly v. Norfolk Department of Human Services 04/08/2014
Summary affirmance – appellant’s failure to challenge terminations under Code § 16.1-283(B) renders moot her challenge to terminations under Code § 16.1-283(C)(2)
0353131 Malcom J. Brown v. Commonwealth of Virginia 04/01/2014
Trial court did not err in finding evidence sufficient to prove handgun recovered was a firearm within meaning of statute and that appellant exercised dominion and control over it
0612131 Arnold Roscoe Walker v. Commonwealth of Virginia 04/01/2014
No error in trial court’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant knew the check he presented had been materially altered, he presented the check as good, and succeeded in cashing the check
0711134 Juan Lozano-Bolanos v. Commonwealth of Virginia 04/01/2014
No error in trial court’s finding that evidence was sufficient to prove appellant’s actions demonstrated an intent to restrict victim’s personal liberty; conviction of abduction affirmed
0809132 Candice Sullivan v. Fredericksburg Department of Social Services 04/01/2014
Trial court did not err in terminating appellant’s parental rights to her children where evidence proved appellant, without good cause, had been unwilling or unable to remedy conditions during period she was offered services and termination was in children’s best interest
0917131 James Lamont Ballard v. Commonwealth of Virginia 04/01/2014
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to search appellant’s person; sentence for possession of marijuana conviction vacated and remanded to trial court for resentencing pursuant to Code § 18.2-250.1, first offense
1050131 Wesley Darren Walker v. Commonwealth of Virginia 04/01/2014
No error in trial court’s finding that appellant’s trial and conviction for possession of a firearm by a non-violent felon not barred by collateral estoppel where appellant did not prove that the jury in a previous trial necessarily found he did not possess the firearm
1204134 Brian K. Brake v. Kimberly R. Brake 04/01/2014
No error in trial court’s determination of value of appellant’s interest in law firm or in its determination of how appellant could satisfy the equitable distribution award
1817133 Jorge Juan Nieto Cano v. Jessica Brooke Davidson 04/01/2014
Summary affirmance – no error in final decree of divorce finding amount of separate equity appellant had in marital home, dividing marital property 50/50, and denying appellant spousal support
2061133 Aaron Keith Lester v. Richard Allen Lester and Linda Carol Lester 04/01/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving petition for adoption where it found appellant withheld his consent contrary to best interests of child
2121121 Kyle Wayne Greco v. Commonwealth of Virginia 04/01/2014
Trial court did not err in relying on appellant’s two prior convictions of driving under the influence where appellant failed to rebut presumption of regularity
2273131 Mastercorp, Inc. and American Zurich Insurance Company v. Rosa Ramirez 04/01/2014
Summary affirmance – no error in commission’s finding that appellants are responsible for the appellee’s carpal and ulnar tunnel release surgery
2302134 Walter P. Pheasant v. Chesterfield County 04/01/2014
Summary affirmance – no error in commission’s finding that appellant’s work environment did not contribute to his work injury and his injury did not arise out of his employment
0050134 Rene Martinez Romero v. Commonwealth of Virginia 03/25/2014
Appellant’s conviction of rape affirmed where Court finds no merit in appellant’s sufficiency of evidence challenge, objection to jurisdiction and venue, Brady arguments, or request for an evidentiary hearing on possible juror misconduct
0587134 Brett A. Peck v. Leila Peck 03/25/2014
No error in trial court’s equitable distribution award in computing increase in value of townhouse development, awarding appellee half of the post-separation increase in value of townhouse development, ruling appellee’s book of business was separate property, and properly considered tax consequences in award
0677132 Joseph S. Spencer v. Commonwealth of Virginia 03/25/2014
Trial court did not err in refusing to allow defense counsel to cross-examine a cooperating witness for the Commonwealth on the statutory minimum sentence he was avoiding by testifying for the Commonwealth where counsel substantially and fairly exercised his right to cross-examine witness on his possible bias or motive to lie
1051132 Jarvon Lavell Walker v. Commonwealth of Virginia 03/25/2014
Trial court did not abuse its discretion in denying appellant’s motion to sever the charges against him where proof of a common plan provided the basis for trying the four offenses together
1321132 Jeffrey Holloway v. Commonwealth of Virginia 03/25/2014
Trial court did not err in finding evidence was sufficient to prove appellant’s intent to defraud where appellant could not account for all the funds he was paid by the victims
1613123 Anthony Wayne Dellinger v. Commonwealth of Virginia 03/25/2014
Trial court did not err in refusing to allow into evidence a transcript of victim’s preliminary hearing testimony, in refusing to allow evidence of victim’s prior sexual involvement with other men while she was involved with the appellant, or in allowing the Commonwealth to introduce text messages sent to appellant by a third party
1865124 Richard Calvin Harris v. Commonwealth of Virginia 03/25/2014
No error in appellant’s conviction of driving under the influence, third offense within five years, where jury had evidence before it to infer that appellant’s blood alcohol content at the time he was driving was higher than the 0.08 level at which he tested several hours later
0475133 Traci Lynn Gunnell v. Commonwealth of Virginia 03/18/2014
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest appellant for driving under the influence; appeal of conditional guilty pleas to two misdemeanors dismissed
0946133 Tramaine Jerome Richardson v. Commonwealth of Virginia 03/18/2014
Trial court did not err in denying appellant’s motion to suppress where evidence established a reasonable, articulable suspicion that appellant was operating his vehicle in violation of Code § 46.2-1054; appeal of conditional guilty plea to misdemeanor dismissed where statute governing conditional guilty pleas does not extend to misdemeanor convictions
1007132 Howard Brothers, Inc. and Allied Insurance Company v. Otha Allen Howard 03/18/2014
No error in commission’s findings that appellee’s request for a home health aide falls within scope of necessary medical attention under Code § 65.2-603 and that appellants must provide for payment of transportation to medical appointments
1426123 Tyshawn Terrel Byrd v. Commonwealth of Virginia 03/18/2014
Appellant’s convictions affirmed where his challenge to his no contest pleas was not raised in trial court and is precluded by Rule 5A:18; sentences for convictions of possession of a firearm by a convicted felon and use of a firearm in commission of felony reversed and remanded to trial court for imposition of statutory mandatory sentences
2144131 Pro Alignment & Auto Repair and Accident Fund Insurance Company v. William Wash 03/18/2014
Summary affirmance – no error in commission’s award of medical benefits to appellee for a right shoulder injury
2162134 Pilot Corporation and Pilot Corporation and Pilot Travel Center v. Renicia Gregory 03/18/2014
Summary affirmance – no error in commission’s finding that appellee proved a compensable injury to her right shoulder in an accident on August 30, 2012
2351133 Daniel Hensley v. Harrisonburg Rockingham Social Services District 03/18/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children
0853131 Ronald Ray Burgess v. Commonwealth of Virginia 03/11/2014
Trial court did not err in denying appellant’s motion to suppress where officers were in appellant’s apartment pursuant to a valid search warrant and the evidence was lawfully seized under the plain view doctrine
1182133 Sykes Enterprises, Inc. and Zurich American Insurance Company v. Orbra L. Cox 03/11/2014
Commission did not err in entering a supplemental award to appellee for medical benefits where credible evidence proved appellee’s hearing loss was related to her work-related accident
1318132 Jessica Husar-Journigan v. Fredericksburg Department of Social Services 03/11/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1539132 Beverly K. Petts v. Western State Hospital/Commonwealth of Virginia 03/11/2014
Summary affirmance – no error in commission’s denial of appellant’s claim in which she sought to expand the scope of her initial injuries
1697133 Jerry L. Adams v. Lowe & Nelson, Inc., et al. 03/11/2014
Summary affirmance – no error in commission’s finding that appellees are not responsible for payment of appellant’s proposed shoulder surgery
1872132 Kasey N. Parker v. C. H. Skelton, II, s/k/a Charlie H. Skelton, II 03/11/2014
Summary affirmance – no error in trial court’s custody and visitation order regarding appellant’s child
1873132 Kasey N. Parker v. Brandon John Rutledge 03/11/2014
Summary affirmance – no error in trial court’s custody and visitation order regarding appellant’s child
2017133 Commonwealth of Virginia v. Charles Leslie Henry, Jr. 03/11/2014
Trial court erred in granting motion to suppress where officers were acting in good faith in obtaining and executing search warrant for appellee’s residence
2110133 Shanna Hileman v. Home Nursing Company, Inc. and United Wisconsin Insurance Company 03/11/2014
Summary affirmance – no error in commission’s finding that appellant was able to return to work as a home health nurse, her employment prior to her compensable injury
2204124 Eddie Wayne Chewning v. Commonwealth of Virginia 03/11/2014
Trial court did not err in admitting the challenged cell phone records and their text messaging content, allowing the reading of the text messages exchange to the jury, or in finding evidence sufficient to support convictions of accessory before the fact to first-degree murder and use of a firearm in commission of a felony
2305121 Clarence Edward Gray, III v. Commonwealth of Virginia 03/11/2014
Trial court did not err in finding evidence sufficient to support conviction of attempted abduction where it proved appellant possessed intent to deprive victim of her personal liberty
0437131 Kenneth Gatling v. Commonwealth of Virginia 03/04/2014
Trial court did not err in denying appellant’s motion to suppress his confessions where appellant was not placed in any coercive condition remotely like a custodial arrest
0540134 Miriam L. White v. Commonwealth of Virginia 03/04/2014
No error in appellant’s convictions of four counts of grand larceny where appellant formed a distinct larcenous impulse each time trees were removed from the property, sold at the sawmill, and appellant received her share of the proceeds
0611133 Warren Bailey Anderson, Jr. v. Commonwealth of Virginia 03/04/2014
No error in trial court’s finding that evidence was sufficient to prove value of radio and dashboard enclosure exceeded $200 at time they were stolen; conviction of grand larceny affirmed
0662131 Lawreese Jerome Bowser v. Commonwealth of Virginia 03/04/2014
Trial court did not err in finding evidence sufficient to prove three counts of possession of cocaine with intent to distribute, second or subsequent offense, where appellant was predisposed to sell drugs and was not entrapped by officer
0699134 Julian Cardenas-Najarro v. Commonwealth of Virginia 03/04/2014
No error in appellant’s conviction of violating the terms of a preliminary protective order where evidence was sufficient to prove appellant had adequate notice of the terms of the preliminary protective order and that he intended to violate it
1674123 Kenneth Joseph Gibson v. Commonwealth of Virginia 03/04/2014
No error in trial court’s finding that appellant committed three separate and distinct larcenies as a principal in second degree; convictions of three counts of grand larceny affirmed
1860131 Mary L. Battle v. Sevamp/Senior Services of Southeastern Virginia, et al 03/04/2014
Summary affirmance – no error in commission’s finding that appellant’s claim for temporary total disability benefits was barred by statute of limitations
2078134 Club Demonstration Services and Gallagher Bassett Services, Inc. v. Kelly Williams 03/04/2014
Summary affirmance – no error in commission’s finding that appellee’s injury arose out of her employment
0981134 Anthony Cavallo v. Joanna Cavallo 02/25/2014
Trial court erred in awarding $17,912.50 of the total $21,000 award as appellee failed to present a prima facie case that appellant’s businesses increased in value as she was required to do under the prenuptial agreement
1163134 Kathleen C. Hampton v. Virginia Employment Commission and Public Utilities Reports, Inc. 02/25/2014
Trial court did not err in affirming decision of Commission that appellant was ineligible to receive unemployment compensation benefits because she left work voluntarily without good cause
1265134 Brenda Marie Hoerst v. Janelia Farm Research Campus, et al. 02/25/2014
Commission did not err in denying appellant’s request for benefits where it found she did not prove total disability for the period claimed
1415131 Davis & Green, Inc., et al. v. Warren Lowery 02/25/2014
Commission did not err in awarding appellee medical benefits and temporary total disability benefits
1529133 Donald Jackson v. Shenandoah Valley Department of Social Services 02/25/2014
Summary affirmance – appellant’s argument that trial court erred in finding appellee met its burden by clear and convincing evidence to terminate his residual parental rights to his child barred by Rule 5A:18
1787122 Robin Lavinnia Mines v. Commonwealth of Virginia 02/25/2014
Trial court did not abuse its discretion in refusing appellant’s proffered instruction defining the intent to steal
1985133 Ricky D. Howell v. Wade’s Supermarkets 42, et al. 02/25/2014
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by statute of limitations
0003132 Frankie Junior Wright v. Commonwealth of Virginia 02/18/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was on victim’s property in violation of protective order; issue regarding whether there was sufficient evidence to prove one or more of appellant’s prior violations of protective order had an act of violence barred by Rule 5A:20
0882134 William G. Sylvester v. Claudette G. Sylvester 02/18/2014
Trial court did not abuse its discretion in modifying the formula to conform with DFAS requirements where it was not a substantive change but was a procedural change consistent with the provisions of the final decree
1646134 Tricon Construction, Inc. and Flagship City Insurance Company v. Raul Rojas-Rojas 02/18/2014
No error in commission’s decision allowing appellee to testify as to his efforts to market his residual work capacity after October 9, 2009 even though he failed to respond to request for discovery; commission erred in finding appellee reasonably marketed his residual work capacity after October 9, 2009
1835133 Mohammed K. Benyoussef v. Handshake 1, LLC and Travelers Indemnity Company of America 02/18/2014
Summary affirmance – no error in commission’s finding that appellant did not prove his industrial accident arose out of and in the course of his employment
1866124 Robert Herman Hodges, Jr. v. Commonwealth of Virginia 02/18/2014
Trial court did not err in finding evidence sufficient to convict appellant of operating a motor vehicle after having been declared an habitual offender where the 1995 order declaring appellant to be an habitual offender remained in full force and effect
1975133 Fluor Daniel Services Corporation, et al. v. Archie Short 02/18/2014
Summary affirmance – no error in commission’s finding that appellee suffered compensable injuries to his low back and bilateral hips by aggravating his pre-existing avascular necrosis, thereby entitling him to temporary total disability benefits
0827132 Harry Garfield Chadderton v. Commonwealth of Virginia 02/11/2014
No error in trial court’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant was guilty of solicitation of prostitution
0934132 Carol Cenname v. Virginia Employment Commission and Parallon Employer LLC 02/11/2014
No error in finding that appellant voluntarily left her job without good cause and was disqualified from receiving unemployment benefits
1383132 7-Eleven, Inc. and Indemnity Insurance Company of North America v. Adam C. Williams 02/11/2014
Commission did not err in awarding benefits to appellee for an injury he suffered at work where injury he sustained arose from his employment
1412122 Kemon Alton Miles v. Commonwealth of Virginia 02/11/2014
Trial court did not err in denying motion to suppress as officers had reasonable articulable suspicion that appellant was carrying a concealed weapon and were justified in patting him down for weapons where officer reasonably believed hard bulge in appellant’s pocket could have been a weapon
1639131 Commonwealth of Virginia v. Damon Am-Juan Mosley, s/k/a Damon Am-Juan Mosely 02/11/2014
Trial court erred in granting motion to suppress where appellee’s actions during the initial consensual encounter created a reasonable suspicion that he possessed a concealed weapon and was armed and dangerous, justifying the seizure; order reversed and remanded to trial court
1727122 Tyler James Creekmore v. Commonwealth of Virginia 02/11/2014
Trial court did not err in denying motion to suppress where initial encounter between appellant and officer was consensual and by admitting that he did not have his driver’s license, officer had reasonable suspicion that appellant was violating traffic laws
1829131 Derek Jenkins v. Norfolk Department of Human Services 02/11/2014
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
2064122 James Stearn, s/k/a James Gilbert Stearn v. Commonwealth of Virginia 02/11/2014
No error in appellant’s conviction of felony third or subsequent offense peeping into an occupied dwelling where evidence was sufficient to identify appellant as the perpetrator
2230122 Adam Derrick Toghill v. Commonwealth of Virginia 02/11/2014
Trial court did not abuse its discretion in denying appellant’s motion for a mistrial where it found witness’ testimony was not so prejudicial that it could not be cured by a cautionary instruction; evidence was sufficient to prove beyond a reasonable doubt that appellant violated Code § 18.2 374.3(C)
0323132 Lashawn Lashay Hill v. Commonwealth of Virginia 02/04/2014
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that criminal activity was afoot, justifying his seizure of appellant
0963132 West Creek Medical Center, Inc. v. Cynthia C. Romero, M.D., etc. 02/04/2014
Trial court erred in dismissing appellant’s appeal for lack of standing where it pleaded sufficient facts to establish it is “aggrieved”
1119132 Kmart Corporation, et al. and Sedgwick Claims Management Services, Inc. v. Wayne Beery 02/04/2014
Commission’s award of benefits to appellee affirmed where appellee made necessary showing of unfairness required for the doctrine of imposition to apply and to excuse appellee’s failure to file a timely claim for benefits
1312134 Stephen D. Slye v. Susan K. Slye 02/04/2014
No error in trial court’s decision denying modification of spousal support to appellee; trial court erred in awarding appellee attorney’s fees where the award was contrary to the language of the property settlement agreement
1401133 Rebecca Lynn Knight Taylor v. Harrisonburg Rockingham Social Services 02/04/2014
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1 283(C)(2)
1483132 Department of Professional and Occupational Regulation, etc. v. Best Buy Stores, LP 02/04/2014
No error in trial court’s ruling that appellee was not required to obtain a contractor’s license with a gas fitting specialty for installing replacement gas dryers
1866134 Agnes M. Price v. Prince William County Schools and VML Insurance Programs 02/04/2014
Summary affirmance – no error in commission’s finding that appellant was not entitled to medical and indemnity benefits after March 12, 2012
1907133 Beamount Juvenile Correctional Center/Commonwealth of Virginia v. Joyce A. Bennett 02/04/2014
Summary affirmance – no error in commission’s finding that appellee satisfied her burden of proving appellee’s bilateral renal cortical infarcts were casually related to the compensable injury
1960131 Strang-Hatcher Corporation 27 and Sedgwick CMS v. Sharon L. Sherman 02/04/2014
Summary affirmance – no error in commission’s finding that appellee’s ongoing medical conditions were causally related to the compensable injury by accident and that appellee’s need for pain management was reasonable, medically necessary, and causally related to the accident
1999132 Daniel H. Rose v. Marten Transport, Ltd. and Praetorian Insurance Company 02/04/2014
Summary affirmance – no error in commission’s holding that appellant did not suffer a compensable injury by accident where it was not an actual risk that arose out of his employment
0656132 Candice Wallach v. Prince George Department of Social Services 01/28/2014
Summary affirmance – no error in termination of appellant’s parental rights to her children
1070134 Michael A. Kernbach v. Nancy J. Kernbach 01/28/2014
Trial court did not abuse its discretion in holding appellant in contempt where it found appellant’s conduct constituted willful disobedience of the trial court’s order
1562134 Edwina M. Rogers v. Edward M. Rogers 01/28/2014
Summary affirmance – trial court did not abuse its discretion in awarding appellee attorney’s fees and sanctions
1752134 Roto Rooter Services Company and American Zurich Insurance Company v. Eugenio A. Murga 01/28/2014
Summary affirmance – no error in commission’s finding that appellee suffered an exacerbation of existing sacroiliac joint problems causally related to his compensable accident and in expanding appellee’s medical award to cover his treatment for his sacroiliac joints
1927134 Daniel Martinez v. Zamudio Tree & Landscaping and the Uninsured Employer's Fund 01/28/2014
Summary affirmance – no error in commission’s denial of appellant’s claim for temporary total disability benefits
0149134 Marche Tyshon Young v. Commonwealth of Virginia 01/21/2014
Trial court did not abuse its discretion in refusing to allow appellant to withdraw his guilty plea after sentencing where appellant has not demonstrated a discovery violation or prejudice
0561132 Phillip Allen Harrington v. Commonwealth of Virginia 01/21/2014
No error in trial court’s finding that evidence was sufficient to prove appellant was the perpetrator; convictions of credit card theft and credit card forgery affirmed
0362134 Richard Andrew Jenkins v. Commonwealth of Virginia 01/14/2014
Trial court erred by admitting certain business records without the proper authentication and foundation; matter remanded to trial court for retrial if the Commonwealth be so advised
0505132 Timothy Dakota Bond v. Commonwealth of Virginia 01/14/2014
Trial court did not err in finding evidence sufficient to support conviction of credit card fraud; as sentence imposed exceeded statutory maximum for a Class 6 felony, sentence reversed and remanded to trial court for resentencing
0687132 Steven Dennis Byrd v. Diane Revere Byrd 01/14/2014
Trial court erred in awarding appellee spousal support where appellee failed to introduce sufficient evidence to support findings under the statutory factors in Code § 20-107.1(E)
0936131 City of Norfolk, Department of Human Services v. Octavious Person 01/14/2014
Trial court did not err in refusing to terminate appellee’s parental rights to his child or in denying appellant’s foster care plan with the goal of adoption
1485131 Seonyoung Kim v. Daniel Lee 01/14/2014
Summary affirmance – final decree of divorce affirmed where trial court did not abuse its discretion in the equitable distribution of the student loan debt or in awarding spousal support to appellee
1675123 Galen Craig Shifflett v. Commonwealth of Virginia 01/14/2014
No reversible error in appellant’s conviction of aggravated sexual battery where appellant’s testimony that one of his felony convictions involved lying, cheating, or stealing, made in response to the Commonwealth’s question, did not affect the jury’s verdict
1914133 Jeffrey K. Harman and Rita Gay Harman v. Joey W. Harman, et al. 01/14/2014
Summary affirmance – trial court’s finding of contempt affirmed
1189133 Carmen Alcazar v. Harrisonburg Rockingham Social Services District 01/07/2014
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(1) and (C)(2)
1190133 Carmen Alcazar v. Harrisonburg Rockingham Social Services District 01/07/2014
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(1) and (C)(2)
1254121 Alfred Gilliam, Jr. v. Commonwealth of Virginia 01/07/2014
Petition for Rehearing En Banc granted
1435133 Marilyn R. Cartier v. Henry County Public Schools, et al. 01/07/2014
Summary affirmance – no error in commission’s finding that appellant failed to prove a compensable injury by accident to her left shoulder and failed to prove a compensable disease or ordinary disease of life related to her shoulders, knees or skin cancer
1742134 Mary Elizabeth Clanahan v. Shenandoah County Public Schools, et al. 01/07/2014
Commission’s finding that evidence was insufficient to establish a causal connection between the compensable accident and appellant’s migraines and neck condition affirmed where appellant failed to comply with Rule 5A:20(e) by citing no legal authority to support her contentions
1224134 Martha F. Manson v. Joseph L. Manson, III 12/27/2013
Summary affirmance – trial court did not err in denying appellant’s request for attorney’s fees where the parties’ marital settlement agreement did not state that parties could seek attorney’s fees in a motion to modify spousal support situation
1245134 Joseph L. Manson, III v. Martha F. Manson 12/27/2013
Summary affirmance – trial court did not err in denying appellant’s motion to reduce his spousal support obligation
1283133 Michael Andrew Stegall v. Rhonda Gay Wheeler Stegall 12/27/2013
Summary affirmance – no error in trial court’s valuation of family business in equitable distribution hearing
1465133 Angela Renee Tusing v. Harrisonburg Rockingham Social Services District 12/27/2013
Trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interests
1583134 Balwant Singh Goraya v. Virginia Department of Transportation/Commonwealth of Virginia 12/27/2013
Summary affirmance – appellant’s argument that he was denied due process by not being provided adequate notice of the deputy commissioner’s decision barred by Rule 5A:18
0002131 Tracy Brian Shaw v. Commonwealth of Virginia 12/17/2013
Trial court did not err in denying motion to suppress evidence where officer had reasonable, articulable suspicion that criminal activity was afoot
0212131 Larry Maurice White v. Commonwealth of Virginia 12/17/2013
Trial court did not abuse its discretion in refusing to allow appellant to withdraw his guilty plea
0256131 Richard Lee Johnson, Jr. v. Commonwealth of Virginia 12/17/2013
No error in trial court’s finding that evidence was sufficient to prove appellant stole the manhole covers from the shopping center parking lot; conviction of grand larceny affirmed
0290131 Cordaro Rayez Parham v. Commonwealth of Virginia 12/17/2013
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where appellant failed to proffer evidence of a reasonable defense to justify going to trial on the merits
0516132 Walter Edward Saxon, Jr. v. Angela LeSueur 12/17/2013
Order of trial court modifying child support affirmed where award was within sound discretion of trial court and its written explanation was satisfactory
0822131 William Strack v. Wendy Elizabeth Strack 12/17/2013
Trial court did not err in granting appellee’s motion to strike and denying appellant’s motion to reduce or terminate spousal support
0932133 James A. Wells, Jr. v. Goodyear Tire & Rubber Company and Liberty Mutual Insurance 12/17/2013
Commission did not err in denying appellant’s claim for temporary partial disability benefits where appellant failed to market his residual work capacity and appellees were not estopped in asserting defense of failure to market residual work capacity
1120133 Island Creek Coal Company and Wells Fargo Disability v. George Elbert King 12/17/2013
No error in commission’s finding that claimant established a causal relationship between his prescriptions for certain medications and his workplace accident
1206134 Terry R. Engle v. Vanessa Everette Whitt Eberle 12/17/2013
Summary affirmance – trial court did not err in granting appellee’s motion to strike appellant’s motions to amend custody and visitation
1266121 Harvey Eugene Smith, Jr., s/k/a Harvey Eugene Williams, Jr. v. Commonwealth of Virginia 12/17/2013
No error in trial court’s finding that evidence was sufficient to support convictions of malicious wounding and attempted robbery
1266133 Brenda Marie Larson v. Commonwealth Assisted Living, L.L.C., et al. 12/17/2013
No error in commission’s finding that appellant failed to carry her burden of proving she suffered a compensable injury by accident
1364134 Ricardo Estaban Astudillo v. Fairfax County Department of Social Services 12/17/2013
Summary affirmance – termination of appellant’s parental rights to his child affirmed where his rights were terminated under Code § 16.1-283(B) and (C)(2) and he only challenged termination under Code § 16.1-283(C)(2)
1438121 Larond Antonio Ayres v. Commonwealth of Virginia 12/17/2013
Trial court erred in finding evidence was sufficient to prove items stolen exceeded the $200 statutory threshold for grand larceny; remanded to trial court for resentencing on conviction of petit larceny
1476124 Herbert W. Lux, s/k/a Herbert W. Lux, Jr. v. Commonwealth of Virginia 12/17/2013
Trial court did not err in refusing to set aside jury’s verdict of guilty on appellant’s obstruction of justice conviction where evidence was sufficient to prove appellant intended to and did commit a direct act that prevented district court judge from performing his official duties; no error in ruling that judge designate not required to retake oath of office prior to appellant’s trial
1528122 Herbert W. Lux, Jr. v. Commonwealth of Virginia 12/17/2013
No error in trial court’s refusal to set aside jury’s verdict finding evidence was sufficient to prove appellant interfered with property owners’ use of their property in violation of Code § 18.2-121; trial court did not err in finding retired judge not required to retake oath of office prior to presiding over appellant’s trial
1687133 Derril Wayne Watkins v. J. B. Hunt Transport, Inc., et al. 12/17/2013
Summary affirmance – no error in commission’s finding that appellant’s April 3, 2006 correspondence did not constitute a claim for benefits
1922122 Celia W. Hodges v. Virginia Department of Corrections 12/17/2013
Summary affirmance – trial court did not err in upholding hearing officer’s decision
2082121 Tremere Rhonette Manning v. Commonwealth of Virginia 12/17/2013
No error in trial court’s finding that evidence was sufficient to prove value of items stolen from the Gap had a value of $200 or more; conviction of grand larceny affirmed
2265123 Derrick Jubal Powell v. Commonwealth of Virginia 12/17/2013
Appellant’s convictions affirmed where appellant’s argument that the trial court erred by convicting him based on conduct outside of the terms of his plea agreement barred by Rule 5A:18
2340121 Timothy Delmar Cooper v. City of Virginia Beach 12/17/2013
No error in appellant’s conviction of indecent exposure under City code where appellant was masturbating in a public place or alternatively a place where others are present
0080131 Motor Vehicle Dealer Board, Commonwealth of Virginia v. David Barton 12/10/2013
Trial court’s holding that default judgment order was valid and satisfied statutory criteria necessary to from a compensable claim against Motor Vehicle Recovery Fund affirmed; trial court’s award of attorney’s fees to appellee reversed
0245133 Michael Anthony Hogan v. NPC International, Inc. #22 and Old Republic Insurance Company 12/10/2013
No error in commission’s finding that appellant’s compensation claim was not timely filed where his initial filing was not a claim for benefits as it did not set forth date of accident and his later attempt to correct date of accident was filed after the two-year statute of limitations had run
0817133 Kimberly Maul, s/k/a Kimberly Rose Maul v. Franklin County Department of Social Services 12/10/2013
Trial court did not err in terminating appellant’s parental rights to her children
0847133 Joevany Rodriguez v. Franklin County Department of Social Services 12/10/2013
Trial court did not err in terminating appellant’s parental rights to his three children
0923134 James Dewberry v. Winchester Department of Social Services 12/10/2013
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children
0960134 Tammy Dewberry v. Winchester Department of Social Services 12/10/2013
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children
1274131 Joann Hoyle v. Chesapeake Department of Human Services 12/10/2013
Trial court did not err in finding termination of appellant’s parental rights to her children was in their best interest
1629122 Pierce Abbott Ford v. Commonwealth of Virginia 12/10/2013
Trial court did not err in denying appellant’s motion to suppress evidence of field sobriety tests and breathalyzer test conducted by VCU officer who observed appellant’s reckless conduct
0399134 Thomas J. Shea, Jr. v. Teresa A. Spinicci 12/03/2013
Trial court erred in awarding attorney’s fees and costs to appellee in a child support modification matter where appellee had not filed any responsive or counter pleadings requesting the fees and costs
0448121 Brandon Rashad Jones v. Commonwealth of Virginia 12/03/2013
Trial court did not abuse its discretion in admitting evidence of results of drug and DNA analyses, in finding Commonwealth established a sufficient chain of custody via live witnesses, and in finding evidence was sufficient to prove appellant’s knowing possession of firearm while possessing cocaine with intent to distribute
0801133 Professional Therapies, Inc. v. Commonwealth of Virginia, et al. 12/03/2013
No error in trial court’s finding that appellee overpaid appellant for Medicaid benefits for a specified period of time
1018132 Kerry O’Brien Smith v. James B. Smith, III 12/03/2013
Summary affirmance – no error in trial court’s custody and visitation order
1254121 Alfred Gilliam, Jr. v. Commonwealth of Virginia 12/03/2013
Trial court erred in admitting inadmissible hearsay to establish cost of repairs to correct damage in house; felony conviction of damage of property over $1,000 reversed and remanded to trial court for new trial on misdemeanor property damage
1388124 Ronald P. Berton v. Commonwealth of Virginia 12/03/2013
Trial court erred in refusing to sever charges involving two offense dates into two trials; conviction for breaking and entering with intent to commit rape reversed and dismissed where evidence was insufficient to prove a breaking
2087124 Samir Allen Farhoumand v. Commonwealth of Virginia 12/03/2013
No error in appellant’s three counts of taking indecent liberties with a child where indictments adequately identified the time frames of each of alleged offenses and trial court correctly found appellant exposed his penis to victim, as contemplated by the statute
0025134 David H. Kellogg v. Denise Anne Kellogg 11/26/2013
No error in trial court’s refusal to terminate appellant’s obligation to pay spousal support to appellee where it properly found appellee was not living in a relationship analogous to marriage
0667134 Atia Elyass v. Fairfax County Department of Family Services 11/26/2013
Trial court did not abuse its discretion in terminating appellant’s parental rights where evidence was sufficient to prove that he was unable to remedy conditions which led to child’s placement in foster care and that termination of appellant’s parental rights was in child’s best interests
0684134 Atia Elyass v. Fairfax County Department of Family Services 11/26/2013
Trial court did not abuse its discretion in terminating appellant’s parental rights where evidence was sufficient to prove that he was unable to remedy conditions which led to child’s placement in foster care and that termination of appellant’s parental rights was in child’s best interests
1102134 Brent C. Bousman v. Caitlin K. Lhommedieu 11/26/2013
Summary affirmance – appellant’s challenge of April 28, 2011trial court order barred by law of case doctrine; no error in May 20, 2013 order awarding appellee attorney’s fees and costs pursuant to this Court’s remand on previous appeal
1220134 Commonwealth of Virginia v. John Henry McCray 11/26/2013
Trial court erred in finding appellee was subjected to custodial interrogation which required the officers to advise appellee of his Miranda rights where a reasonable person would not have believed that he was in custody to the degree associated with a formal arrest
1416134 Kenneth Kaldenbach v. Prince William County 11/26/2013
Summary affirmance – no error in commission’s finding that appellant was only partially disabled at time of his retirement and that appellant unjustifiably refused selective employment and failed to market his residual capacity
2131122 Alonzo Thompson, s/k/a Alonzo Lamar Thompson v. Commonwealth of Virginia 11/26/2013
No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where evidence proved appellant was the perpetrator and he possessed the requisite criminal intent
2264124 Christopher Oates Howard v. Nella Marie Thompson 11/26/2013
Judgment of trial court awarding appellee attorney’s fees based on parties’ PSA reversed and remanded to trial court to determine an appropriate and reasonable award based on enforcement component of PSA; other assignments of error waived as appellant’s brief failed to conform to Rules of Court
0556134 United Airlines, Inc. v. Helen A. Smolak 11/19/2013
No error in commission’s finding that appellee proved her requested knee replacement surgery was causally related to her compensable injury
0566132 University of Virginia/Commonwealth of Virginia v. Mitchell Harrison 11/19/2013
Commission erred in finding appellee’s accident arose out of a condition of his employment; award reversed
0815131 Angie Brown v. Kentucky Fried Chicken and Indemnity Insurance Company of North America 11/19/2013
Commission did not err in refusing to consider appellant’s head injury on review, in finding appellant did not adequately prove her hospitalization was causally related to her work injury, or in terminating appellant’s award for temporary partial disability benefits
1429123 Amanda Lucille Ragan v. Commonwealth of Virginia 11/19/2013
Trial court did not err in finding evidence was sufficient to support four convictions of manufacturing methamphetamine; trial court erred in finding evidence proved four convictions of conspiracy to manufacture methamphetamine, three of those convictions are reversed and dismissed
1580124 Kenneth Wayne Romick v. Commonwealth of Virginia 11/19/2013
Trial court erred in finding evidence was sufficient to prove appellant made a display of his private parts and that such display was obscene; conviction reversed and dismissed
1751124 Maureen Anne Blake v. Commonwealth of Virginia 11/19/2013
Appellant’s convictions under Code § 22.1-254 affirmed where Commonwealth was not required to prove appellant knowingly and willfully violated compulsory attendance law nor was it required to prove notice; argument regarding constitutionality of Code § 22.1-254 not preserved
1768122 David Jobb Edward v. Commonwealth of Virginia 11/19/2013
No reversible error in trial court’s refusal to allow the testimony of a defense witness where Court concludes that an additional piece of impeachment testimony would not have altered outcome of trial
0606134 Brenda Farmer v. Alexandria Department of Community and Human Services 11/12/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children where clear and convincing evidence proved termination was in their best interests
1133134 Jonathan Gabriel Daniels v. Culpeper County Department of Social Services 11/12/2013
Summary affirmance – termination of appellant’s parental rights to his children affirmed
1283124 Anthony Wayne Simpson v. Commonwealth of Virginia 11/12/2013
Trial court did not abuse its discretion in refusing to strike juror for cause or in admitting expert witness’ testimony where testimony did not violate the ultimate issue rule
1426132 Kim C. Bullock v. Cheryl Clegg Bullock 11/12/2013
Summary affirmance – trial court did not err in applying res judicata in this case; dismissal of show cause affirmed
1963122 Tyree Dennis Slater v. Commonwealth of Virginia 11/12/2013
No error in trial court’s finding that evidence was sufficient to prove appellant was the person on the surveillance video committing breaking and entering, destruction of property, and petit larceny
0442131 Samantha P. Dianna v. Colonial Williamsburg Company and Colonial Williamsburg Foundation 11/05/2013
No error in commission’s finding that appellant did not meet her burden of proving that the injury she sustained while carrying a tray up a flight of stairs arose out of her employment
0505124 Dianne Metzler v. Commonwealth of Virginia 11/05/2013
Trial court did not err in denying appellant’s request for a jury trial on the imposition of a peace bond where the statute only provides for a judge, not a jury, to determine whether good cause has been shown
0815123 Jeffrey Martin Young v. Commonwealth of Virginia 11/05/2013
Trial court did not err in granting Commonwealth’s motion in limine to exclude testimony of two doctors who had not conducted forensic evaluations or formed opinions of appellant’s sanity at the time of these offenses
0885133 Emanuel Sutton McDorman v. Harrisonburg Rockingham Social Services District 11/05/2013
Trial court did not err in terminating appellant’s parental rights to his two children under Code § 16.1-283(C)(2)
0886133 Sabrina Dwan McDorman v. Harrisonburg Rockingham Social Services District 11/05/2013
Trial court did not err in terminating appellant’s parental rights to her two children under Code § 16.1-283(C)(2)
1032134 Michael Lothar Koss v. Nekea Jenell Brown 11/05/2013
Summary affirmance – no error in trial court’s visitation order regarding appellant’s telephone access to his children
1113131 Roseanne Spruill v. City of Portsmouth Department of Social Services 11/05/2013
Summary affirmance – appellant’s assignment of error regarding entry of a child protective order not considered where appellant failed to timely file the statement of facts in the trial court and it is necessary for a determination of the issue
1366134 Todd M. Jack v. Virginia Employment Commission 11/05/2013
Summary affirmance – trial court’s order dismissing appellant’s petition for judicial review of appellee’s findings affirmed
0358131 Smurfit-Stone Container Enterprises, Inc. and RockTenn CP, LLC. v. Darrell L. Jones 10/29/2013
Commission erred by not addressing arguments raised in appellants’ written statement; remanded to commission for further proceedings
0445131 Enjoli Holder v. Portsmouth Department of Social Services 10/29/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four children under Code § 16.1-283(B)
0529134 Donna Coffey v. Virginia Department of Juvenile Justice 10/29/2013
Trial court misapplied appropriate standard of review where it did not limit its analysis of the hearing officer’s decision to whether it was contradictory to law; decision of trial court reversed and hearing officer’s decision reinstated
0723134 City of Fredericksburg and VML Insurance Programs v. Samuel O. Wilson, Jr. 10/29/2013
Commission did not err in awarding appellee permanent partial disability benefits where evidence was sufficient to prove appellee was not capable of performing pre-injury work and correctly applied Code § 65.2-708 tolling provision
1003134 Sitta Luseni v. Fairfax County Department of Family Services 10/29/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where record shows trial court considered all viable alternatives, including relative placement
1004134 Edebiri Temitope Aihevba v. Fairfax County Department of Family Services 10/29/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his two children under Code § 16.1-283(C)(1); issue regarding relative placement barred by Rule 5A:18
1171132 HH Gregg, Inc. and Travelers Indemnity Company of America v. Cathy Lynn Gulledge 10/29/2013
Summary affirmance – no error in commission’s award of benefits where it found that appellee’s injury arose out of and in the course of her employment
1541123 Keith Lamonte Hill, s/k/a Keith Lamont Hill v. Commonwealth of Virginia 10/29/2013
Trial court did not err in finding exclusionary rule did not apply where it found officers relied on binding appellate precedent in effect at time of search of vehicle
2172122 Christopher Eugene Jefferson v. Commonwealth of Virginia 10/29/2013
Evidence was sufficient to prove appellant possessed with intent to distribute more than 100 kilograms of marijuana, which is a violation of Code § 18.2-248(H)(4)
0478132 Christine A. Reid v. Virginia Commonwealth University/Commonwealth of Virginia 10/22/2013
No error in commission’s finding that continued physical therapy was no longer medically necessary and the denial of benefits for an injury that occurred at physical therapy affirmed
0496134 Bernard L. DiNicola v. Target Corporation 10/22/2013
Summary affirmance – appellant’s failure to comply with Rule 5A:25 by filing an adequate appendix is significant and Court will not consider his arguments; additional arguments barred by Rule 5A:18
1008132 John F. Speller v. Ceres Marine Terminals, Inc., et al. 10/22/2013
Summary affirmance – no error in commission’s finding that appellant failed to prove he sustained a closed head injury in his work accident
1246131 Paula A. Powell v. Farm Fresh Super Market #42708 and SUPERVALU, INC. 10/22/2013
Summary affirmance – no error in commission’s finding that appellant did not meet her burden of proof that mileage to the Farm Fresh pharmacy was a reasonable and necessary medical expense
1396123 Carl Antonio Robinson v. Commonwealth of Virginia 10/22/2013
No error in trial court’s finding that evidence was sufficient to prove appellant possessed a firearm after having been convicted of a felony
1526121 Deon Christopher Cobb v. Commonwealth of Virginia 10/22/2013
Trial court did not err in admitting text messaging detail records from wireless carrier into evidence where best evidence rule did not bar introduction of exhibit and they were admissible under business records exception to hearsay rule; evidence was sufficient to support convictions
1670121 Tarell Marquis Taylor v. Commonwealth of Virginia 10/22/2013
Trial court did not abuse its discretion in denying appellant’s request for new counsel on the day of trial where appellant did not provide any support for his renewed request for new counsel and his attorney was prepared for trial
2098121 Charles Napoleon Hawkins v. Commonwealth of Virginia 10/22/2013
Evidence was sufficient to establish appellant possessed the forged bank notes, he had requisite knowledge that notes were counterfeit, and he had requisite intent to employ them as true
0160132 Susan G. Prior v. Virginia Board of Nursing 10/15/2013
Fairfax Circuit Court abused its discretion in transferring case to Henrico County; that order is reversed, order of Henrico Circuit Court denying appellant’s appeal vacated, and matter remanded to Henrico Circuit Court to transfer venue to Fairfax Circuit Court for further proceedings
0434131 Ann Williams v. Colonial Williamsburg Foundation 10/15/2013
Summary affirmance – appellant’s failure to comply with rules is significant and her arguments are waived
1807121 Maurice Antonio Hyman v. Commonwealth of Virginia 10/15/2013
Conviction and sentence on appellant’s two 2012 use of a firearm convictions affirmed where trial court maintained jurisdiction over the two charges from 2006 to 2012 as no final order had been entered; trial court did not err in denying appellant’s request to continue to take cases under advisement
2256123 Tony Leon Childress v. Commonwealth of Virginia 10/15/2013
Evidence was sufficient to prove appellant intended to escape from lawful custody when he damaged the ceiling of the holding cell’s bathroom
0423134 Michael R. Pliuskaitis v. Teresa M. Pliuskaitis 10/08/2013
Summary affirmance – final decree of divorce affirmed
0958133 Island Creek Coal Company and Wells Fargo Disability v. Danny Wilson 10/08/2013
Summary affirmance – no error in commission’s decision finding appellee’s current symptoms were causally related to a 1989 work injury and that he is entitled to payment of medical treatment and medication
0980134 Harry William Hall v. Freestate Electrical Company, Inc. and American Home Assurance Company 10/08/2013
Summary affirmance – no error in commission’s finding that appellant’s claim is barred by res judicata
1005131 Charles O. Willis v. Coleman Construction Corporation and North River Insurance Company 10/08/2013
Commission’s finding that appellant’s claim was barred by res judicata affirmed
1084132 Mischelle Brown-Mayo v. County of Chesterfield 10/08/2013
Summary affirmance – no error in commission’s decision terminating an award of wage loss benefits on the ground that appellant’s current disability is unrelated to the compensable accident
1183123 Daquan Lajames Saunders v. Commonwealth of Virginia 10/08/2013
No error in appellant’s conviction of first-degree murder where evidence was sufficient to prove premeditation
1197123 Terry Wayne Turner v. City of Harrisonburg 10/08/2013
Trial court did not err in convicting appellant of a zoning ordinance for storing four inoperable vehicles on property owned by appellant’s mother and occupied by appellant
1235123 Theodis Thomas Smith, Jr. v. Commonwealth of Virginia 10/08/2013
Trial court’s denial of appellant’s motion to strike Juror 12 based on her friendship with a police officer who was a potential witness affirmed; appellant’s other arguments regarding Juror 12 waived
1537121 Ronald William Wethington, Jr. v. Commonwealth of Virginia 10/08/2013
Trial court did not err in denying appellant’s motion to suppress where police officer could have reasonably believed that appellant had violated the law by following more closely than is reasonable and prudent
1587123 Michael Paul Cairo v. Commonwealth of Virginia 10/08/2013
Appellant’s conviction of grand larceny affirmed where victim’s testimony was sufficient to prove value of stolen stove exceeded the $200 threshold
2090122 Shari Sims-Bernard v. Stephen P. Bernard 10/08/2013
Trial court’s ruling awarding sole legal custody of parties’ children to appellee and ordering that appellant’s visitation with the children be supervised affirmed; appellant’s issue regarding her motion for evaluation waived where she failed to request a ruling from the trial court
0499134 Berrak Tartaglino v. Frederick Robert Tartaglino 10/01/2013
Summary affirmance – trial court did not err in denying appellant’s request to terminate her children’s therapy
0819131 Cleo Dickerson v. City of Virginia Beach Department of Human Services 10/01/2013
Summary affirmance – Court is unable to review appellant’s assignments of error raised on appeal for her failure to provide an adequate record on appeal and her failure to comply with procedural rules
1160121 Jeffrey Alan Hurly, s/k/a Jefferey Allen Hurley v. Commonwealth of Virginia 10/01/2013
Trial court did not err in refusing to allow appellant to withdraw what he characterizes as a guilty plea to his probation revocation where counsel’s stipulation was not a guilty plea
0495132 Jerome Travis, Sr. v. Virginia Department of Social Services 09/24/2013
Summary affirmance – no error in trial court’s holding that substantial evidence supported the agency’s finding that appellant’s appeal was not timely filed
0739131 John Junior Martinez, Sr. v. City of Portsmouth Department of Social Services 09/24/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
0919102 William Edward Tuma v. Commonwealth of Virginia 09/24/2013
Upon Remand from the Supreme Court – trial court correctly refused to admit videotape into evidence where appellant had not reviewed the evidence at the time he sought to introduce it and was unable to lay any foundation to support its introduction
1067122 Damon Jamel Bradshaw v. Commonwealth of Virginia 09/24/2013
Trial court did not err in denying appellant’s motion to dismiss second charge of possession of a firearm by a convicted felon where act of transporting firearm in vehicle was separate and distinct from possession of firearm in bedroom
1350122 Damon Jamel Bradshaw v. Commonwealth of Virginia 09/24/2013
Trial court did not err in denying appellant’s motion to dismiss second charge of possession of a firearm by a convicted felon where act of transporting firearm in vehicle was separate and distinct from possession of firearm in bedroom
1452122 Lee Alden Mooney v. Commonwealth of Virginia 09/24/2013
Trial court did not err in revoking appellant’s suspended sentence and probation where trial court had authority to consider entire period of time from original suspension of appellant’s sentence in 2007 through the revocation hearing in 2012 and was not limited to reconsidering the terms of the 2011 suspension
0152134 Nicaise Solet Bokassa v. Marie Yokowo Bokassa 09/17/2013
Summary affirmance – no error in trial court’s order requiring appellant to pay appellee $1,000 per month in child support
0527131 Anthony S. Allen, III v. Linda A. Allen 09/17/2013
Summary affirmance – no error in order of trial court clarifying appellee’s interest in appellant’s retirement benefits
0586133 Crystal Della Penna v. Harrisonburg Rockingham Social Services District 09/17/2013
Trial court did not err in finding evidence was sufficient to prove termination of appellant’s parental rights to her children was in their best interests
0659133 Jose Luis Fuentes Ramos v. Pulaski County Department of Social Services 09/17/2013
Summary affirmance – trial court’s factual determination that appellant comprehended English was supported by evidence and its decision to terminate appellant’s parental rights to his child was not plainly wrong
0267134 Julie Ann Hughes v. Troy Alexander Hughes 09/10/2013
Equitable distribution award reversed and matter remanded to trial court to reconsider the equitable distribution of the parties’ property and debt
0589133 Richard Scott Starling v. Teresa Ann Morehead Starling 09/10/2013
Summary affirmance – no error in trial court’s equitable distribution or spousal support awards
0741133 Commonwealth of Virginia v. Shannon Smith Mitchell 09/10/2013
Court finds when transcript filed prior to entry of order being appealed from, time to file petition for appeal commences from date of filing of notice of appeal; Trial court erred in suppressing physical evidence seized from the appellee; remanded to trial court for further proceedings
1713122 Citizen Potawatomi Nation v .Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order
1724122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order
1725122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order
1726122 Citizen Potawatomi Nation v. Dinwiddie Department of Social Services 09/10/2013
Appeal dismissed for lack of jurisdiction to consider case on merits where order appealed from is neither a final order nor an appealable interlocutory order
1947122 Renee Bagley Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings
1948122 Renee Bagley Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings
1949122 Timothy B. Nunnally v. Dinwiddie Department of Social Services 09/10/2013
Trial court’s decision on motion to transfer reversed, order terminating parental rights of appellant vacated, and matter remanded to trial court for further proceedings
0957132 Winn Residential Limited Partnership, et al. v. Emory Arrington 09/03/2013
Summary affirmance – decision of commission reversing the deputy commissioner’s denial of benefits to claimant affirmed
1021134 Todd M. Jack v. Virginia Employment Commission 09/03/2013
Summary affirmance – order of the circuit court dismissing appellant’s petition for judicial review of the VEC’s decision affirmed
0602133 William Alexander Patterson v. Kathy Lynnette Patterson 08/27/2013
Summary affirmance – trial court’s spousal support award to appellee affirmed
0243134 Diane W. Wilson v. Fairfax Connector and Old Republic Insurance Company 08/20/2013
Summary affirmance – commission’s finding that statute of limitations barred appellant’s claim affirmed
0438132 Sharon M. Jackson v. Hopewell Department of Social Services 08/20/2013
As record on appeal does not contain a summary of the parties’ arguments, Court is unable to determine whether appellant preserved her assignment of error raised on appeal and record is insufficient for review of issue; termination of appellant’s parental rights to her children affirmed
0483133 Nellie R. Hale v. Russell County Department of Human Services 08/20/2013
Summary affirmance – trial court did not err in finding clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interests
2180114 Jerry Wayne Beale, Jr. v. Commonwealth of Virginia 08/20/2013
Appellant’s conviction of assault of a law enforcement officer affirmed where evidence did not support appellant’s proffered instruction and evidence was sufficient to prove beyond a reasonable doubt that appellant acted with the necessary intent to cause bodily harm
0461134 Gary Pisner v. State Building Code Technical Review Board, et al. 08/13/2013
Summary affirmance – order of trial court affirming Review Board’s finding that appellant was in violation of the Virginia Maintenance Code for not removing rubbish from his property affirmed
0479132 Anthony Rollins v. Richardson-Wayland Electrical Company, LLC, et al. 08/13/2013
Summary affirmance – decision of commission finding appellant’s fall and/or his contact with a high voltage line are unexplained affirmed
0714133 Phillip Sheetz v. James E. Serkel, Inc. and Cincinnati Insurance Company 08/13/2013
Summary affirmance – decision of commission finding appellant’s claim waived and abandoned because he failed to timely file a written statement on review to the full commission affirmed
1664121 Clyde Mario Hall v. Commonwealth of Virginia 08/13/2013
Trial court did not err in revoking appellant’s suspended sentence where appellant’s counsel conceded to appellant’s new convictions and trial court considered those statements as conclusive proof that appellant had violated terms and conditions of his probation
2348121 Vico Construction Corporation and Twin City Fire Insurance Company v. Michael E. Taylor 08/13/2013
Commission did not err in failing to give appellants a credit for payments made to appellee for a specified period of time where appellants were only entitled to recover benefits paid after the date of the filing of the application
0377131 Department of Social Services/Commonwealth of Virginia v. Johnical M. Owens 08/06/2013
Summary affirmance – no error in commission’s denial of appellant’s request for termination of award of benefits and its finding that appellant had a gross subrogation interest for medical and indemnity expenses of an amount less than employer claimed
0038133 Robert Martin Harris v. Donna Hickman Harris 07/30/2013
Summary affirmance – order denying all but $1,000 of appellant’s request for expenses associated with proceedings regarding parties’ property settlement agreement affirmed
2027123 Kyle Pritchett Macione v. Beatriz Huarte Irujo Macione 07/30/2013
Trial court erred in finding appellant intended to transfer his inheritances from his grandparents to the marital estate as gifts to appellee; equitable distribution award reversed and matter remanded to trial court for further proceedings
2053124 Murray A Sewell v. Wendy S. Sewell 07/30/2013
Trial court did not abuse its discretion by denying appellant’s petition to reduce the spousal support award to appellee
2186124 Tahira Naseer v. Hamid Moghal 07/30/2013
Trial court did not abuse its discretion in ordering appellant to reimburse the full amount of the pendente lite support appellee paid her during the pendency of their annulment proceedings
0215134 Sania L. Mikhail v. Fairfax County Department of Family Services 07/23/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0222133 Kristoffer Michael Masch v. Roanoke City Department of Social Services 07/23/2013
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(B) and (C)(2)
0280131 Charles V. Hamilton v. Arriba Corporation, et al. 07/23/2013
Summary affirmance – Court will not consider appellant’s arguments as his failure to comply with Rule 5A:20 is significant
0338134 James Ganthier v. Frederick County Department of Social Services 07/23/2013
Summary affirmance – trial court did not err in refusing appellant’s motion for a continuance or in terminating appellant’s parental rights to his children
0398131 Tradesmen International, Inc. and New Hampshire Insurance Company v. Michael L. Hylton 07/23/2013
Summary affirmance – commission did not err in awarding disability benefits to appellee for certain specified periods
1289124 Ibrahim Jamil Habahbih v. Commonwealth of Virginia 07/23/2013
Trial court did not err in refusing appellant’s proffered jury instruction; conviction of grand larceny affirmed
1462124 Stanley Wesley Bryant v. Commonwealth of Virginia 07/23/2013
Appellant’s arguments related to his competency to stand trial, whether his guilty plea was knowing, voluntary, and intelligent, and the sufficiency of Commonwealth’s proffer barred by Rule 5A:18; trial court did not err in failing to grant his motion to dismiss for want of jurisdiction or withdraw his plea or in imposing certain terms on his probation and suspended sentence
2215124 Stephen A. Barton v. Allied Waste Industries, Inc., et al. 07/23/2013
No error in commission’s decision denying disability benefits to appellee where he was terminated for justified cause
0335132 Rebecca N. Whittington v. Virginia Retirement System 07/16/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits
1091121 Danielle Lee Polk v. Commonwealth of Virginia 07/16/2013
Trial court did not err in holding there was no fatal variance between the indictment and the proof at trial; evidence was sufficient to convict appellant of obtaining money by false pretenses
1466121 Dwayne Young v. Commonwealth of Virginia 07/16/2013
Trial court did not err in denying appellant’s motion to suppress where appellant failed to establish a legitimate expectation of privacy in the hotel room; appellant’s convictions affirmed
1830121 Washington I. James, III v. Sharon D. Owens 07/16/2013
Trial court’s order awarding child support, child support arrearages, attorney’s fees, and expert witness fees to appellee affirmed
2266124 Simon Michael Trevathan v. Loudoun County School Board et al. 07/16/2013
Commission did not err in denying claimant’s request for permanent partial disability benefits under Code § 65.2-503
2337121 Virginia Employment Commission v. Gail Carroll 07/16/2013
Summary affirmance – trial court did not err in reversing a decision of the VEC finding that appellee was disqualified for benefits because she was discharged for misconduct connected with work
0331134 Commonwealth of Virginia v. Carol Lutsky 07/09/2013
Judgment of trial court reversed where the Fifth Amendment does not preclude the police from questioning a suspect who is not in custody just because the suspect had earlier indicated to the police, also in a non-custodial setting, that she was represented by counsel; case remanded to trial court for further proceedings
0359134 Tommy Frazier, d/b/a v. Tommy’s Tree Service v. Fernando Quiroz 07/09/2013
Summary affirmance – commission’s rulings regarding a claim for compensation relating to claimant’s October 20, 2008 work-related accident affirmed
1107121 Kevin Steven Bukowski v. Commonwealth of Virginia 07/09/2013
Appeal dismissed where this Court will only consider the assignment of error as it is phrased in appellant’s petition for appeal and that assignment of error is insufficient under Rule 5A:12(c)(1)(ii)
1136124 Joseph Wiley v. Commonwealth of Virginia 07/09/2013
Judgment affirmed where appellant’s failure to proffer what he now claims to have been a belated attempt at allocution precludes appellate review; trial court did not abuse its discretion by revoking appellant’s suspended sentences
2289124 Brent C. Bousman v. Caitlin K. Lhommedieu, f/k/a Caitlin Bousman 07/09/2013
Judgment of trial court denying appellant’s request for specific performance of the modifications clause of the settlement agreement affirmed; judgment of trial court denying appellant’s motion for reconsideration affirmed
0244132 Roger Wayne Moschler v. Kenco Group, Inc. and American Zurich Insurance Company 07/02/2013
Summary affirmance – no error in commission’s finding that appellant failed to prove by a preponderance of the evidence that his medical treatment beginning May 2011 was causally related to his November 2010 accident
1055122 Gilberto DeJesus, s/k/a Gilberto DeJesus, Jr. v. Commonwealth of Virginia 07/02/2013
Trial court did not err in instructing jury or in holding appellant’s arrest was lawful; convictions of assault and battery of a law enforcement officer affirmed
1527122 Calvin A. Tucker v. Commonwealth of Virginia 07/02/2013
No reversible error in trial court’s denial of appellant’s motion to vacate order appointing a special prosecutor where appellant had notice of entry of the order and an opportunity to object
2284124 Andres Vasquez v. Randstad North America and Indemnity Insurance Company of North American 07/02/2013
Summary affirmance – appellant has failed to comply with Rule 5A:20 and, as that failure is significant, Court will not consider his arguments
0261132 Thomas E. Walsh v. Virginia Commonwealth University 06/25/2013
Summary affirmance – trial court did not err in affirming hearing officer’s decision sustaining appellant’s termination
0249134 Didlake, Inc. and North River Insurance Company v. Zeb Goodwin 06/18/2013
Summary affirmance – no error in commission’s award of benefits
0868123 Kristen Michelle Walker v. Commonwealth of Virginia 06/18/2013
Trial court did not err in admitting into evidence exhibit showing value of items stolen as the exhibit did not violate appellant’s Sixth Amendment right of confrontation
1876123 Jill E. Hall v. Virginia Employment Commission and Process Management Technologies, Inc. 06/18/2013
Order of trial court affirming decision of VEC that appellant was disqualified from receiving unemployment benefits due to misconduct reversed where it did not address actual holding of the VEC; remanded to trial court to determine whether specific conduct that VEC relied upon constitutes misconduct under Code § 60.2-618
0016133 Lantz Construction Company and Cincinnati Insurance Company v. Michael B. Adams 06/11/2013
No error in commission’s finding that appellee’s left-side denervation procedure recommended by his doctor was causally related to appellee’s compensable injury for purposes of Code § 65.2 603(A)(1)
0246134 NPM, Inc. 25 and Merchants of Virginia G.S.I.A. v. John Benjamin Rodgers 06/11/2013
Summary affirmance – commission’s rulings regarding claims for compensation relating to appellee’s January 8, 2010 work-related accident affirmed
0954123 William Shane Webb v. Commonwealth of Virginia 06/11/2013
Appellant’s argument regarding whether he was punished for the same behavior under both Code § 18.2-272 and Code § 46.2-301 barred by Rule 5A:18 where appellant did not raise double jeopardy issue in trial court
1081121 Michael Andrew Forbes v. Keri E. Forbes 06/11/2013
Summary affirmance – no error in trial court’s order denying appellant’s motion to amend custody of the parties’ children
1268123 Jasmine Lanees Haley v. Commonwealth of Virginia 06/11/2013
No error in trial court’s finding that evidence was sufficient to prove appellant was complicit in the sale of the rented property to the pawnshop and was equally liable as the third party who sold the television
1933123 Johnny Leigh Crater v. Frances Jean Blevins Crater 06/11/2013
No error in trial court’s fifty-five/forty-five percent equitable distribution award; arguments regarding whether certain property purchased during the marriage was marital and the Farm Bureau IRA barred by Rule 5A:20
2214123 Jeff Freddie Gross v. Janice Honaker Gross 06/11/2013
Summary affirmance – trial court did not err in denying appellant’s motion to modify or terminate spousal support
2225122 Shannon Renee Wandell, f/k/a Shannon Renee Blankenship v. David Justin Connelly 06/11/2013
Summary affirmance – trial court’s order changing custody and visitation of the parties’ minor child affirmed
2309123 Gina Gibson, s/k/a Gina Mae Gibson Nelson v. Wise County Department of Social Services 06/11/2013
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest
0017134 Mitra R. Mortazie v. Mansour Mortazie 06/04/2013
Summary affirmance – trial court’s finding of contempt affirmed where issues are barred by Rule 5A:18
0665124 Samuel Linden Webber v. Commonwealth of Virginia 06/04/2013
Trial court erred in denying two of appellant’s challenges for cause of members of the venire; matter remanded to trial court
0854121 Jonathan David Bynum v. Commonwealth of Virginia 06/04/2013
Trial court did not abuse its discretion in finding victim competent to testify and permitting victim to testify; evidence was sufficient to prove appellant’s guilt of indecent liberties with a minor, rape of a victim under thirteen, aggravated sexual battery, and forcible sodomy
1194122 Earl Bradley, s/k/a Earl Lewis Bradley v. Commonwealth of Virginia 06/04/2013
Appellant’s argument that evidence was insufficient to prove he intended to distribute cocaine barred by Rule 5A:18; sentence imposed for violation of Code § 18.2-248.1(a)(1) exceeded statutory maximum and that matter remanded to trial court for resentencing
2184124 Ricky Parsons v. Diana Parsons 06/04/2013
Summary affirmance – trial court did not abuse its discretion in refusing to re-value property; other issues raised by appellant decided in previous appeal
2350122 Dana O. Orum, a/k/a Dana Pillois v. Buckingham County Department of Social Services 06/04/2013
Summary affirmance – trial court did not abuse its discretion in denying motion for continuance or in refusing to reopen evidence; evidence was sufficient to prove termination of appellant’s parental rights to her children was in their best interest
2352124 Ricky Parsons v. Diana Parsons 06/04/2013
Summary affirmance – trial court did not abuse its discretion in refusing to re-value property; other issues raised by appellant decided in previous appeal
1791124 Oracle USA, Inc. and Safety National Casualty Corporation v. Tina Tisinger 05/28/2013
Commission did not err in applying the law of the case doctrine in determining appellants failed to meet their burden regarding the second application to terminate benefits; evidence was sufficient to support a finding that appellee had causally-related depression after August 16, 2012
1802123 Philip C. Barker v. Commonwealth of Virginia 05/28/2013
No reversible error by trial court in admitting two of victim’s statements made to a third party; appellant’s issues regarding two additional statements made by victim barred by Rule 5A:18
2084122 Edward Barde v. Goochland County Department of Social Services 05/28/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his son pursuant to Code § 16.1-283(C)(2)
1133124 Daniel James Santos v. Commonwealth of Virginia 05/21/2013
Trial court did not err in denying appellant’s motion to suppress where appellant voluntarily consented to search of his vehicle subsequent to a consensual encounter
1616122 Oather J. Walker, Jr. v. Catherine R. Walker 05/21/2013
Trial court’s order and opinion granting divorce and spousal support affirmed; matter remanded to trial court to clarify amount of award to appellee of marital share of appellant’s retirement funds
1839124 Tania Granados Benitez v. Arlington County Department of Human Services 05/21/2013
No error in trial court’s order terminating appellant’s parental rights to her child where evidence proved appellant did not substantially remedy conditions leading to child being placed in foster care and that termination was in best interest of child; issue of relative placement barred by Rule 5A:18
2076123 Maggie S. Welch v. Bristol Department of Social Services 05/21/2013
Trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her children
0660124 Erin Michelle Burnside v. Commonwealth of Virginia 05/14/2013
Trial court erred in admitting testimony of the preliminary breath test when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly; conviction of reckless driving reversed and remanded to trial court
0764122 Lorena Rodriguez Villareal, s/k/a Lorena Rodriguez-Villareal v. Commonwealth of Virginia 05/14/2013
Trial court erred in convicting appellant under Code § 46.2-391(D)(3) where appellant’s act of driving occurred entirely within the parking area of a strip mall parking lot and not on a highway
1140121 James A. Gunning v. Gail F. Gunning 05/14/2013
Summary affirmance – trial court’s order holding appellant in contempt for failing to refinance or take responsibility for a loan encumbering formal marital residence affirmed
2168122 Timothy W. Patterson v. Petersburg Department of Social Services 05/14/2013
Summary affirmance – appeal affirmed where transcript or written statement of facts is necessary for resolution of assignment of error raised on appeal
2276123 Commonwealth of Virginia v. Byron Howard Turner and Cynthia Marie Bonds 05/14/2013
Trial court erred in suppressing certain evidence obtained by the police upon entering appellees’ premises where officer had probable cause and exigent circumstances to enter premises without a warrant
0023133 C&R Coal Company and Old Republic Insurance Company v. Eura Dennis Roberts 05/07/2013
Summary affirmance – no error in commission’s finding that appellee’s claim for medical treatment is not barred by Code § 65.2-708
1166124 Terrye L. Richter and Rudy Richter v. Diana Nichole Manning, n/k/a Diana Nichole Perry 05/07/2013
No error in trial court’s order denying appellants visitation with their grandchild where appellants did not establish that child would suffer actual harm if they were denied visitation and trial court did not err in denying appellants’ request for a Rule 4:10 psychological examination of the child
1524121 Darlene Ishaya Bamaiyi v. Virginia Board of Nursing 05/07/2013
Trial court did not err in upholding appellee’s denial of appellant’s applications for reinstatement and endorsement to be a Certified Nurse Aide
1557124 Capital Area Pediatrics, Inc. and Twin City Fire Insurance Company v. Sharon Deann Eken 05/07/2013
No error in commission’s decision awarding appellee benefits for injuries that arose out of or in the course of her employment under the extended premises doctrine
1560121 George Tsoucalas v. Dimitra Tsoucalas, n/k/a Dimitra C. Markopoulos 05/07/2013
Trial court erred under the terms of the parties’ prenuptial agreement in granting appellee an equitable distribution award for her contributions to appellant’s home; trial court did not err in denying appellant’s request for reimbursement of household expenses during the marriage as that was not authorized by the prenuptial agreement
2187124 Sarah Caitlin Anderson v. Aaron Anderson 05/07/2013
Summary affirmance – no error in trial court’s order awarding primary physical custody of the parties’ child to appellee and ordering that child will attend school in county in which appellee resides
0126124 Lisa Alexander v. Commonwealth of Virginia 04/30/2013
No error in finding that evidence was sufficient to support finding that appellant made threatening phone calls; evidence was insufficient to support finding that appellant destroyed or disabled the cell phone – conviction of interfering with a 911 call reversed and dismissed
0805122 Dimitri Duane Baines v. Commonwealth of Virginia 04/30/2013
No reversible error in trial court’s admission of statements where the evidence as a whole, excluding the challenged statements, overwhelmingly proved that appellant was in violation of his probation
0837124 Kirk T. Milam v. Shelia J. Milam 04/30/2013
Final decree affirmed in part and reversed and remanded in part; trial court did not err in granting appellee’s motion for clarification or in denying appellant’s motion to reconsider and his motion to stay
1464122 Paul F. Kolmetz v. Charlotte L. Hitchcock, f/k/a Charlotte L. Kolmetz 04/30/2013
Trial court did not err in ordering appellant to reimburse appellee one-half of the cost of the medical and dental insurance for the parties’ son for so long as the insurance carrier deems him a dependent
1625124 Dale Warren Dover, etc. v. Alexandria Department of Community and Human Services, et al. 04/30/2013
Trial court did not err in dissolving the protective orders and entering a permanency planning order returning custody of the child to the child’s mother
2354124 Robert Lee High v. Michael L. Clark/Family Flooring, Twin City Fire Insurance Company, et al. 04/30/2013
Summary affirmance – no error in commission’s finding that it did not have jurisdiction because two men were partners and thus not counted as employees
0014133 Earnest Collins v. Lebo Mining Co. and Commerce and Industry Insurance Company 04/23/2013
Summary affirmance – no error in commission’s decision denying compensation for the occupational disease of coal worker’s pneumoconiosis pursuant to Code § 65.2-504(A)(1)
1137121 Robert Anthony Murray v. Commonwealth of Virginia 04/23/2013
Trial court did not err in denying appellant’s motion to suppress statement appellant made to officers as it was not obtained as a result of unlawful police coercion
1184124 JoAnn S. Tromza v. Robert Vossburg 04/23/2013
Summarily affirmed – no error in the order approving the final distribution and accounting of the transfer of the former marital residence
1187122 Jill Matthews Willson v. Robert Gardner Willson 04/23/2013
Final divorce decree affirmed where trial court did not abuse its discretion in refusing to grant appellant a continuance, in entering the final order without an additional hearing, in choosing the grounds for divorce when multiple grounds existed, in fashioning the equitable distribution award or in its calculation of spousal support to appellee
1742124 Mario R. Mirarchi v. Whistle Stop Hobbies, LLC and The Uninsured Employer’s Fund 04/23/2013
No error in commission’s finding that it did not have jurisdiction to consider appellant’s complaint as his employer did not have three or more employees regularly in service
2073124 Tracy Lane v. Emergency Veterinary Clinic and Selective Way Insurance Company 04/23/2013
No error in commission’s finding that injury appellant sustained when she slipped and fell in the parking lot of her employer did not occur in the course of her employment
0033122 Jodi Lynn Boley v. Commonwealth of Virginia 04/16/2013
Error in trial court’s order regarding amount of restitution owed victim where there was no evidence to show how the amounts on the victim impact statement were derived or how the losses were caused by appellant’s embezzlement
0047124 Derrick Ganson Maxwell, s/k/a Derick Ganson Maxwell v. Commonwealth of Virginia 04/16/2013
Appellant’s argument on appeal of whether trial court erred by responding sua sponte to questions posed by the jury outside the presence of counsel and appellant barred by Rule 5A:18 where appellant did not object when he first learned of the ex parte communication
0352122 Clifford Edward Sexton v. Commonwealth of Virginia 04/16/2013
Appellant’s argument regarding whether trial court erred in not applying all of the necessary elements of Code § 18.2-200.1 waived under Rule 5A:18; argument regarding sufficiency of the evidence did not meet the requirements of Rule 5A:12(c)(1)(ii)
1351122 Ainoy Siharath v. Commonwealth of Virginia 04/16/2013
No error in trial court’s finding that evidence was sufficient to prove appellant intended to utter or employ counterfeit bills as true
1430123 Tony Mark Herring, Jr. v. Commonwealth of Virginia 04/16/2013
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of attempted first degree murder and use of a firearm in commission of that offense; trial court erred in finding evidence sufficient to support convictions of abduction where it did not prove he intended to deprive victims of their personal liberty
2055122 Commonwealth of Virginia v. Carlos B. Hickman 04/16/2013
Trial court erred by suppressing evidence of marijuana and cocaine found on appellee’s person on grounds that National Park Service officer’s subjective intent to identify appellee was unreasonable
1195121 Andrew Lee Lewis, Jr. v. Commonwealth of Virginia 04/09/2013
Trial court did not err in finding the evidence sufficient to convict appellant of speeding; issue raised on appeal of whether the trial court erred in finding appellant guilty of driving while intoxicated is barred by Rule 5A:18 and the Court declines to apply the ends of justice exception
1413121 C. Jason Congleton v. Jade Congleton 04/09/2013
As appellant failed to object to the circuit court’s holdings concerning a material change of circumstances and its best interest analysis, Rule 5A:18 bars consideration of these issues and the good cause and ends of justice exceptions do not apply; Rule 5A:20 bars appellate consideration of the remainder of appellant’s arguments
1650123 Sarah Dillon v. Harrisonburg Rockingham Social Services District 04/09/2013
Judgment of trial court terminating appellant’s parental rights to her minor child affirmed where appellant did not preserve under Rule 5A:18 arguments raised on appeal
0240122 Derrick Brandon Graham v. Commonwealth of Virginia 04/02/2013
Trial court erred in finding evidence was sufficient to prove appellant entered victims’ house during the nighttime as charged in the indictments; convictions of statutory burglary and conspiracy to commit burglary reversed
0686122 Remone J. Houchens v. Commonwealth of Virginia 04/02/2013
Trial court did not err in admitting into evidence the 911 call made by the victim as it was in response to an ongoing emergency and was non-testimonial or in denying motion for a new trial as the after-discovered evidence would not produce an opposite result on the merits at a new trial
1287122 Mack Wilson Hopkins v. Commonwealth of Virginia 04/02/2013
Trial court did not abuse its discretion in amending order from prior revocation proceeding nunc pro tunc to add the period of suspension imposed in 2009 revocation proceeding or in revoking appellant’s suspended sentence
1326122 Betty M. Richards v. Robert E. Richards 04/02/2013
Summary affirmance – custody and visitation order regarding parties’ child is affirmed
1722122 7-Eleven and Indemnity Insurance Company of North America v. Carolyn Fore 03/26/2013
Commission did not err in finding that appellee was justified in refusing to undergo the osteotomy and in reinstating her disability benefits
2075123 Goodyear Tire & Rubber Company and Liberty Insurance Corporation v. Ronnell L. Wilson 03/26/2013
Summary affirmance – no error in commission’s findings that appellee’s claim was not barred by Code § 65.2-201, that he did not unjustifiably refuse medical treatment, that he adequately marketed his residual work capacity, and that he experienced a change in condition
2513112 Tyrone Tyree Roads v. Commonwealth of Virginia 03/26/2013
No error in sentencing order requiring appellant to pay court costs where appellant has not shown how Virginia’s recoupment statutes violate either the equal protection or due process clauses of the Constitution
1103124 Alexis Javier-Paz v. Commonwealth of Virginia 03/19/2013
Trial court did not err in denying appellant’s motion to suppress evidence obtained after stop of vehicle or in denying appellant’s motion for a new trial; issue regarding his sentence not considered as transcript of sentencing hearing was not timely filed
1109124 Brent C. Bousman v. Caitlin K. Lhommedieu 03/19/2013
Trial court did not err in invoking its contempt powers to enforce terms of earlier order awarding attorney’s fees to appellee or in concluding appellant was not entitled to an award of attorney’s fees where he did not raise a “substantially successful defense” to an action enforcing the parties’ agreements
1204112 Curtis Tyrell Montague v. Commonwealth of Virginia 03/19/2013
Trial court did not err in refusing appellant’s jury instruction on justifiable self-defense where record does not reveal a scintilla of evidence that appellant was without any form of fault in contributing to the affray with the victim
1563122 Alice Thaxton v. Halifax County Department of Social Services 03/19/2013
Summary affirmance – no error in trial court’s finding that termination of parental rights to her son was in child’s best interest
1642124 Jorge Alvarenga, Sr. v. Alexandria Department of Community & Human Services 03/19/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
1705122 John Thaxton v. Halifax County Department of Social Services 03/19/2013
Summary affirmance – no error in trial court’s finding that termination of parental rights to his son was in child’s best interest
1708123 Shonita Leftwich v. Roanoke City Department of Social Services 03/19/2013
Termination of appellant’s parental rights to her child affirmed as issue of whether trial court erred in finding termination was in child’s best interest barred by Rule 5A:18
0836124 Susan W. Forest v. John P. Forest, II Executor of the Estate of Christopher M. Forest 03/12/2013
Trial court erred in finding it lacked authority to enter a QDRO to modify a final decree where Code § 20-107.3(K)(4) did not prohibit the trial court from modifying the final decree for the limited purpose of effectuating the expressed intent of the final decree by enabling entry of appellant’s requested QDRO
2187124 Sarah Caitlin Anderson v. Aaron Anderson 03/12/2013
Summary affirmance – issue raised on appeal barred where trial court lacked jurisdiction to consider appellant’s motion for reconsideration after the twenty-one-day period expired and issue was only presented to trial court in the motion to reconsider
2492114 Charncey Laquinn Daniels v. Commonwealth of Virginia 03/12/2013
Evidence was sufficient to support appellant’s conviction of failing to stop after an accident where it was irrelevant whether appellant’s or victim’s actions were intentional or unintentional
0069124 Johnnie L. Moore v. Commonwealth of Virginia 03/05/2013
No error in trial court’s denial of appellant’s motion to suppress drug evidence seized during search incident to the arrest of appellant
0960121 James G. Cartier v. Commonwealth of Virginia 03/05/2013
Trial court erred in finding evidence sufficient to convict appellant of summary contempt where there was no evidence appellant intended to obstruct or interrupt the administration of justice; conviction of contempt reversed and dismissed
1393124 Giant Food LLC and Indemnity Insurance Company of North America v. Juliet 03/05/2013
Commission did not err in awarding appellee benefits where it found appellee’s injury arose out of her employment and her knee injury and disability were caused by her work injury
1577114 Marquis D. Edmonds v. Commonwealth of Virginia 03/05/2013
Trial court’s order terminating appellant’s commitment to Department of Juvenile Justice and revoking nine years of his suspended sentence affirmed where appellant’s arguments are barred by Rule 5A:18 and Court declines appellant’s invitation to invoke ends of justice exception
1756124 Galina L. Tarasova v. David H. Steare 03/05/2013
Summary affirmance – appellant’s failure to comply with Rule 5A:20(e) is significant and Court will not consider her assignments of error
2028121 Rent A Center, Inc. and Fidelity & Guaranty Ins. Co. v. Mary Beatrice Phillips 03/05/2013
Summary affirmance – no error in commission’s decision finding appellee’s claim was not barred by statute of limitations and appellee’s rights with respect to filing a claim were prejudiced by appellants’ failure to timely file a first report of accident with the commission
2056113 Dewayne Thomas Garrison, Sr. v. Commonwealth of Virginia 03/05/2013
Trial court did not err in denying appellant’s motion to suppress evidence where his encounter with officer began as a consensual one and appellant did not submit to officer’s show of authority as he attempted to flee scene once officer indicated he was calling a drug detecting dog
2133124 The Standard Companies, Inc. et al. v. Brian K. Smith 03/05/2013
Summary affirmance – commission did not err in affirming senior claims examiner’s determination that there was not probable cause to refer appellants’ application to the evidentiary hearing docket
2451113 David Michael Bomber v. Commonwealth of Virginia 03/05/2013
Trial court did not err in refusing to strike second-degree murder indictment or merge the aggravated malicious wounding indictment into the second-degree murder indictment where the offenses had separate and distinct elements allowing for prosecution under both statutes
0582124 Denese Michelle Merritt Canedo v. Guillermo Alberto Canedo 02/26/2013
Appeal dismissed as moot where there remain no “live” issues relating to the bond
0839121 Terrell Jermaine Whitley v. Commonwealth of Virginia 02/26/2013
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of robbery and conspiracy to commit robbery as a principal in the second degree where it found appellant was present, hung around the area of the robbery, and shared in the proceeds
0851124 Denese Michelle Merritt Canedo v. Guillermo Alberto Canedo 02/26/2013
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings
1454124 Barbara Williams-Davidson v. Inova Fairfax Hospital and Inova Health System Foundation, Inc. 02/26/2013
Commission did not err in denying appellant’s claim for benefits where the statute of limitations was not tolled under Code § 65.2-602
1581124 Krista Pinto v. Fairfax County Department of Family Services 02/26/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1672122 Commonwealth of Virginia v. Francisco Becerra-Ochoa 02/26/2013
Trial court erred in finding good faith exception to the exclusionary rule did not apply and in granting motion to suppress evidence from a search of appellee’s home
1743122 Roger Gordon v. Sarah McInerney 02/26/2013
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance
0002121 Anthony James Eason v. Commonwealth of Virginia 02/19/2013
Trial court did not err in denying appellant’s motion to set aside the verdict based on a claim of after-discovered evidence
0317121 Marshall Demetrius Moyd v. Commonwealth of Virginia 02/19/2013
No reversible error in trial court’s striking of juror for cause where appellant does not contend he was denied a fair and impartial jury
0445124 William Michael Berger v. Commonwealth of Virginia 02/19/2013
Trial court erred in finding evidence was sufficient to support conviction of improper driving where no evidence in record evinces reckless or negligent behavior on appellant’s part; conviction reversed and dismissed
1165124 Betty L. Vermillion v. Kevin R. Vagt 02/19/2013
Trial court’s decision denying appellant’s motion for a change in child custody affirmed where appellant did not present or proffer evidence of what she claimed to be changed circumstances
2385114 Benton Hitt Mayo v. Commonwealth of Virginia 02/19/2013
Trial court did not err in denying motion to suppress where it properly concluded that appellant was not illegally detained and that the ensuing search was consensual
1150124 A. M. v. Commonwealth of Virginia 1150-12-4 02/12/2013
Appellant’s conviction of indecent exposure reversed and dismissed where evidence did not support conclusion that appellant’s behavior was obscene as defined by Code § 18.2-372
1306123 Larry Donnell Smith v. Virginia Cast Stone, Inc. and Employers Preferred Insurance Company 02/12/2013
Summary affirmance – issues raised on appeal waived as appellant failed to comply with Rules 5A:4(d), 5A:20(c), 5A:20(d), 5A:20(e), and 5A:20(h) and his failure to comply with these rules is significant
1502123 Justin S. Kramer v. Angela M. Kramer 02/12/2013
Summary affirmance – final decree of divorce affirmed
0076123 Lantron Nikia Womack v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that circumstantial evidence was sufficient for trial court to conclude that appellant possessed the gun in plain view on the driver’s seat of vehicle and the cocaine found in the console of vehicle next to gun
0688123 David Eddie Lamb v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that evidence was sufficient to prove appellant obtained electrical service by fraud and that he had specific intent to defraud when he obtained that electrical service
0710123 Linda Russell Lamb v. Commonwealth of Virginia 02/05/2013
No error in trial court’s finding that evidence was sufficient to prove appellant received adequate notice of the disconnection of her electric service; appellant’s conviction of obtaining utility service without payment affirmed
0787114 Roger Bowman v. Commonwealth of Virginia 02/05/2013
Appellant’s conviction of grand larceny by embezzlement reversed where fatal variance existed between indictment and evidence presented at trial
1103114 Robert William Dougherty v. Commonwealth of Virginia 02/05/2013
As appellant failed to provide a sufficient record on appeal, this Court is unable to determine whether the trial court erred by failing to honor appellant’s plea agreement
1665123 Commonwealth of Virginia v. William Wade Henderson, III 02/05/2013
Trial court did not err in granting motion to suppress where trial court properly found that while probable cause existed for officer to go on premises, record is devoid of facts supporting exigent circumstances or that appellee gave consent to search his property
1885112 Ricky Ray Perdue, Jr. v. Commonwealth of Virginia 02/05/2013
Trial court did not err in finding evidence was sufficient to prove appellant constructively possessed the cocaine residue found in a metal tin at his feet in parked vehicle
2481112 Joseph Arthur Luis Klevenz v. Commonwealth of Virginia 02/05/2013
Trial court did not err in finding evidence was sufficient to support conviction of forcible sodomy or in finding victim was competent to testify; issues regarding motion for access to residence where crime occurred and trial court’s failure to administer oath to victim waived as they were not presented to trial court
0114122 Mondrell Laquint Smith, Jr. v. Commonwealth of Virginia 01/29/2013
Trial court erred in refusing to instruct jury on the law of self-defense and defense of others; conviction for felony cruelty to animal resulting in death reversed and remanded to trial court
0355123 Amanda Jean Toney v. Commonwealth of Virginia 01/29/2013
Trial court did not err in admitting results of appellant’s breathalyzer test
0443123 Ronda Brooks Parrish, s/k/a Rhonda Brooks Parrish v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s motion to suppress evidence obtained during a warrantless stop where appellant’s conduct gave rise to a reasonable inference she was engaged in criminal activity and the officer had reasonable suspicion to conduct a Terry stop
1269124 Deatra Burch v. City of Alexandria, et al. 01/29/2013
Summary affirmance – trial court did not err in dismissing appellant’s appeals from the juvenile court because it did not have jurisdiction where appellant did not file a timely written notice of appeal
2483112 George William Ferguson, Jr. v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s motion to suppress evidence recovered where officer had reasonable suspicion to believe criminal activity was afoot
2487114 Kenston Kangson Yi v. Commonwealth of Virginia 01/29/2013
Trial court did not err in denying appellant’s proposed jury instructions, in denying appellant’s motion to suppress evidence discovered upon entry into appellant’s home, in denying appellant’s motion to suppress statements appellant made to police, or in holding that a statement made by one victim’s mother was not an excited utterance
2556112 Reginald Welford Watson, III v. Commonwealth of Virginia 01/29/2013
No error in trial court’s finding that fair market value of items stolen met the minimum $200 threshold to support conviction of grand larceny; trial court did not err in sentencing appellant to a term of active incarceration
0241124 Leonel Alexander Vasquez v. Commonwealth of Virginia 01/22/2013
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea where it found appellant failed to establish a good faith basis for withdrawal of his plea
0862124 Deborah Marie Collins v. Michael Joseph Collins 01/22/2013
Trial court did not err in granting motions to reconsider and hearing further evidence or in awarding attorney’s fees to appellant; trial court erred in not assigning a value to the business and not including it in its equitable distribution of the marital estate; award of spousal support also remanded to trial court to recalculate
1156123 Donita Estep v. Virginia Retirement System 01/22/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits
1157123 Teresa Stiltner v. Virginia Retirement System 01/22/2013
Summary affirmance – trial court did not err in affirming final case decision of appellee denying appellant’s claim for disability retirement benefits
1377121 Noah Schwartz, Jr. v. Amy Elizabeth Schwartz 01/22/2013
Summary affirmance – trial court did not abuse its discretion in finding a change in circumstances based upon appellee’s testimony and in awarding appellee spousal support; other issues waived under Rule 5A:20
1420121 Commonwealth of Virginia v. Alvin Daniel Gatewood 01/22/2013
Trial court did not err in granting appellee’s motion to suppress statements made during interview with social worker where it found appellee did not knowingly, intelligently, and voluntarily waive his Fifth and Sixth Amendment rights
1486124 International Technology Industry, Inc. v. Dylan Cannon 01/22/2013
Summary affirmance – issues raised on appeal waived where appellant’s failure to comply with Rule 5A:20 is significant
1513121 Commonwealth of Virginia v. James Elmber Hudgins 01/22/2013
Trial court erred in granting appellee’s motion to suppress where it held community caretaker exception only applies in situations where public safety is at risk; properly applied, community caretaker exception justified inventory search of appellee’s truck
1569114 Flor De Maria Benitez Rios v. Commonwealth of Virginia 01/22/2013
Issues regarding whether trial court erred in denying motion to strike and sufficiency of evidence waived where appellant did not make a motion to strike at conclusion of all the evidence and did not move to set aside the verdict
1667122 Morris Tile Distributors of Richmond, Inc. et al. v. Azita Dubois 01/22/2013
Summary affirmance – no error in commission’s award of permanent partial disability benefits to appellee for her left shoulder
0038121 Mariam Wallace-Lee Guirguis, f/k/a Mariam Guirguis Salib v. Victor Fahim Salib 01/15/2013
Trial court did not err in vacating December 8, 2009 show cause order more than twenty-one days after its entry as it was not a final order; trial court erred in finding evidence proved separation agreement was unconscionable
0092121 Dawit Alemayehu Habtemariam v. Commonwealth of Virginia 01/15/2013
No error in appellant’s conviction of forcible sodomy where Commonwealth’s evidence was sufficient to prove penetration
0916122 Zaskecha Washington v. Fredericksburg Department of Social Services 01/15/2013
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her four children
0961121 Andrea Michelle Lofton v. Norfolk Department of Human Services 01/15/2013
Summary affirmance – order terminating appellant’s parental rights to her child affirmed
1102122 Dan Procise v. Suitt Construction Company, et al. 01/15/2013
Summary affirmance – Court will not consider appellant’s arguments as his failure to comply with Rule 5A:20 is significant
1228122 The Uninsured Employer’s Fund v. William R. Carter 01/15/2013
Commission’s order awarding appellee interest on an award in unclear on its face as to the party responsible to pay the interest; matter remanded to commission to clarify its order
1648123 Karen D. Ware v. Central Virginia Training Center/Commonwealth of Virginia 01/15/2013
Summary affirmance – commission’s finding that appellant failed to meet her burden of proving a prima facie case that she was underpaid her workers’ compensation benefits affirmed
0514122 James Emmett Hines, Jr. v. Commonwealth of Virginia 01/08/2013
Trial court erred in finding evidence was sufficient to prove appellant was the criminal agent responsible for the victim’s injuries; conviction of malicious wounding reversed and indictment dismissed
0576124 Target Corporation and Sedgwick Claims Management Services v. Wilma Velasquez 01/08/2013
Commission did not err in awarding permanent partial disability benefits to appellee where appellee filed her claim for the benefits well within the thirty-six month time period prescribed by Code § 65.2-708(B) and fact that the evidence supporting claim was not obtained until after that time period had passed does not bar claim
0670123 Crystal Marie Lewis v. Pulaski County Department of Social Services 01/08/2013
Termination of appellant’s parental rights affirmed where record does not contain a transcript of the trial proceedings and the written statement of facts in record was not timely filed; transcript or statement of facts is indispensable to determination of issue raised on appeal
1446111 Jarice Lamier Royal v. Commonwealth of Virginia 01/08/2013
No reversible error in trial court’s denial of appellant’s motion to suppress statements made during an interview where from evidence presented there is no reasonable possibility that the admission of those statements contributed to appellant’s conviction
1701124 Viking Contracting, Inc. and Liberty Insurance Corporation v. Maria Elena Aliaga 01/08/2013
Summary affirmance – no error in commission’s decision that appellee was totally disabled and had no duty to market her residual work capacity
1888114 Michael Donnell Green v. Commonwealth of Virginia 01/08/2013
Appellant’s conviction of use of a firearm in commission of a felony affirmed where record does not show that trial court ruled on the specific argument appellant raised on appeal and, accordingly, there is no ruling of the trial court for this Court to review
1323121 Dish Network Corporation, et al. v. Robert Lawrence Robinson, Jr. 12/26/2012
Summary affirmance – no error in commission’s finding that statute of limitations did not bar appellee’s claim for surgery for cubital tunnel syndrome and related disability benefits and appellee met his burden to establish that his ulnar nerve problem is causally related to his injury
1395124 Narinder Singh v. Babita Rani 12/26/2012
Appellant’s issue of whether trial court erred in deviating from the presumptive child support guidelines without making written findings barred by Rule 5A:18
1532123 Steven Wayne Smith v. Crown Construction Management Services, Inc. et al. 12/26/2012
Summary affirmance – no error in commission’s award of benefits to appellant
0575101 Donald Joseph Conley v. Commonwealth of Virginia 12/20/2012
Court reinstates the panel's June 15, 2011 judgment
0269121 John Carroll Campbell, II v. Commonwealth of Virginia 12/18/2012
Trial court properly denied appellant’s pretrial motion for appointment of a special prosecutor and appellant waived any further objection by failing to renew that objection at trial; evidence was sufficient to support convictions
0273121 Marquice Bynum v. Commonwealth of Virginia 12/18/2012
Trial court did not err in denying appellant’s motion to suppress the cocaine recovered from a search incident to appellant’s arrest where officer had probable cause to arrest appellant at the point where appellant dropped his coat in the street
0305121 Bruce Edward Cahill v. Maureen A. Cahill 12/18/2012
Final decree of divorce affirmed where Court is unable to consider issues raised on appeal as appellant did not file a transcript of the hearing and trial court certified appellant’s proposed statement of facts was incomplete, failed to accurately represent the full trial record, and a transcript was available
0478121 Craig Rodney Lewis v. Commonwealth of Virginia 12/18/2012
Trial court did not err in convicting appellant of possession of cellular phone by a prisoner where Code § 18.2-431.1 applies to prisoners of local as well as state correctional facilities and evidence was sufficient to support convictions
0499121 Nahfis Talib Assem Nichols v. Commonwealth of Virginia 12/18/2012
Conviction of conspiracy to commit first-degree murder reversed where evidence did not exclude reasonable hypothesis of innocence that appellant was merely aiding and abetting the commission of the murder of the victim and did not prove beyond a reasonable doubt that he entered into an agreement to kill the victim
0655121 Brian David Dudash v. Commonwealth of Virginia 12/18/2012
Revocation of appellant’s suspended sentence reversed where appellant’s probationary period had not been validly extended and had expired at the time of the violation
0805112 Kevin Meredith Lucas v. Commonwealth of Virginia 12/18/2012
Appellant’s convictions of second-degree murder and felony child neglect affirmed where appellant cannot challenge on appeal the jury instructions he agreed the trial court should give to the jury
1621113 Rodney Lamar Carter v. Commonwealth of Virginia 12/18/2012
Trial court did not abuse its discretion in admitting into evidence a certified copy of the certificate of analysis; conviction of possessing cocaine with intent to distribute, third or subsequent offense affirmed
2466111 Savannah A. O’Berry v. Commonwealth of Virginia 12/18/2012
Trial court did not err in finding evidence was sufficient to prove that child victim’s injury was the result of a willful act on appellant’s part and was not the result of an accidental trip and fall as appellant alleged
0106121 Carol L. Brooks v. Commonwealth of Virginia 12/11/2012
Trial court erred in refusing jury instructions on self-defense and heat of passion where there was evidence to support them
0263124 Quijang Wang, a/k/a Julie Wang v. Jack Ray Crumpacker 12/11/2012
Summary affirmance – issues raised on appeal barred by Rule 5A:18 and Rule 5A:8; additional issue moot
0331123 Sherrie L. Hustead v. City of Roanoke Department of Social Services 12/11/2012
Summary affirmance – appellant failed to provide an adequate appendix or exact references as to where she preserved her issues raised on appeal; these failures to comply with Rules 5A:20 and 5A:25 are significant
1120124 Assell Ibrayeva v. Andrei J. Kublan 12/11/2012
Summary affirmance – no error in final divorce decree
0189121 Jamal Ferebee v. Commonwealth of Virginia 12/04/2012
No error in trial court’s finding that evidence was sufficient to support conviction of possession of marijuana with intent to distribute where fact finder could properly infer appellant knew of the nature and character of the marijuana in the vehicle
0446124 Madiha Gobashi v. Fairfax County Public Schools 12/04/2012
No error in commission’s finding that appellant’s right knee injury did not arise out of her employment and concluding that appellant was not entitled to temporary total disability benefits and medical benefits
1032112 Jennifer Nicole Shifflett v. Commonwealth of Virginia 12/04/2012
Trial court erred in finding evidence was sufficient to support convictions of felony child neglect where evidence did not establish children were exposed to a probability or substantial risk of serious injury or death; convictions reversed
1139121 Rebecca Lewis v. Stephen Bailey 12/04/2012
Summary affirmance – no error in trial court’s order dismissing appellant’s request for contribution from appellee for their child’s private school tuition and child care costs
2381113 David John Neuhs v. Patricia Ann Richardson Neuhs 12/04/2012
Equitable distribution award affirmed in part, reversed in part, and remanded to trial court for reconsideration; trial court also to reconsider issue of spousal support
0218123 Mary Hampson v. Virginia Employment Commission, et al. 11/27/2012
No error in trial court’s order affirming decision of Commission denying appellant unemployment benefits
0445124 William Michael Berger v. Commonwealth of Virginia 11/27/2012
Appeal dismissed where appellant’s assignment of error is insufficient under Rule 5A:12(c)(1)(ii)
0719122 Willie Alvin Patron, Jr. v. Andrea A. Furtado 11/27/2012
No error in trial court’s final divorce decree classifying certain property as jointly owned when appellant asked it to do so, awarding primary custody of parties’ child to appellee, in ordering appellant to pay child support to appellee, or in assessing attorney’s fees against appellant
1084114 Carol Mosca v. Commonwealth of Virginia 11/27/2012
Trial court erred in applying the preponderance of the evidence standard when the correct standard to be applied was beyond a reasonable doubt; order declaring appellant in violation of Code §§ 3.2-6569 and 3.2-6500 reversed and matter remanded to trial court for new trial applying correct burden of proof
1532111 Myron Lewis v. Commonwealth of Virginia 11/27/2012
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant participated in a conspiracy to commit robbery and did not merely aid and abet the robbery
1937111 Aaron Christopher Searcy v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to prove an agreement to commit robbery; conspiracy conviction affirmed
2173112 Hollie Ann Swann v. Commonwealth of Virginia 11/27/2012
Evidence was insufficient as a matter of law to convict appellant for possession of ammunition as a convicted felon; conviction reversed and final judgment entered
2417111 Darris Altony Newsome v. Commonwealth of Virginia 11/27/2012
Trial court did not err in refusing to allow a witness to testify as to victim’s reputation for truth and veracity where based on proffer to trial court the witness had too narrow a foundation for her testimony to be admissible as evidence of victim’s general reputation for truthfulness
2566111 Christopher Burkeen v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where appellant’s act of punching victim in the face with great force and without provocation combined with the severity of the victim’s injuries proved requisite intent
2582112 De’mon Lamont Berry v. Commonwealth of Virginia 11/27/2012
No error in trial court’s finding that evidence was sufficient to support convictions of robbery, possession of a firearm after having been previously adjudicated delinquent of an offense that would be violent felony if committed by an adult, and use of a firearm in commission of robbery
0237122 Mark A. Vannatta v. Linda M. Vannatta 11/20/2012
No error in trial court’s award of spousal support to appellee where trial court properly considered the Code § 20-107.1(E) factors; trial court did not err in limiting the award to a defined duration
0285123 Commonwealth of Virginia, Dept. of Professional and Occupational Regulation, etc. v. Karen Mathesius 11/20/2012
Trial court abused its discretion by considering additional evidence on appeal that was not contained in the agency record, by finding that the Board’s decision was arbitrary and capricious, and by reversing the Board’s decision denying appellee’s claim
0359124 Samuel David Burns v. Jennifer Carol Burns, n/k/a Jennifer Carol Boelter 11/20/2012
Error in trial court’s holding that consent order from August 2010 precluded appellant from seeking modification of child support where that order addressed child custody and visitation only
0906124 Melissa Owens v. Winchester Department of Social Services 11/20/2012
Trial court did not err in terminating appellant’s parental rights to her child where appellant did not demonstrate that she remedied her situation and that she was capable of taking care of the child
0985123 Commonwealth of Virginia v. Elbert Smith, Jr. 11/20/2012
Trial court erred by concluding Code § 19.2-243 barred appellant’s prosecution under a new set of indictments when it reconsidered its decision from appellant’s first proceeding where indictments had been nolle prosequied and did not run speedy trial time limits anew in the second proceeding
0986123 Heather Witt v. Harrisonburg Rockingham Social Services District 11/20/2012
Trial court did not err in changing the goals of the foster care plans to adoption, in finding termination was in the best interests of appellant’s children, or in terminating appellant’s parental rights to her children
1379123 Sara J. Rosenfelt v. Harrisonburg Rockingham Social Services District 11/20/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(E)
2121113 Wesley L. Wooddell v. Simone M. Lagerquist 11/20/2012
Trial court erred in finding appellant was a non-parent to the child and in holding that appellant lacked standing to seek custody or visitation with the child
2441113 The Dealer's Lot, Inc. and Erie Insurance Exchange v. Lydia Carol Jenkins 11/20/2012
No error in commission’s finding that appellants’ pre-approval of appellee’s surgery followed by the subsequent refusal to cover the cost of the surgery after it had been performed was plainly unfair and resulted in a clear imposition to appellee
2543113 Matthew Tyler King v. Commonwealth of Virginia 11/20/2012
No error in trial court’s finding that evidence was sufficient to prove appellant, while a prisoner, knowingly possessed razor blade found beneath a sticker on his drinking cup
1113122 Commonwealth of Virginia v. Denise Stacy-Ann Crooks 11/15/2012
Trial court did not err in granting appellee’s motion to suppress where the consent, search, and evidence seized were the product of an illegal detention and were illegally obtained
0013122 Jonathan Donell Burton v. Commonwealth of Virginia 11/13/2012
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that criminal activity was afoot and that appellant might be armed and dangerous
0077124 Damon James Bernard Taylor v. Angela Paige Taylor 11/13/2012
Summary affirmance – equitable distribution award affirmed; as appellant failed to comply with Rule 5A:20(e) and that failure is significant, additional issues regarding marital property will not be considered
0084124 Damon James Bernard Taylor v. Angela Paige Taylor 11/13/2012
Summary affirmance – appellant’s issues regarding visitation will not be considered as appellant failed to comply with Rule 5A:20(e)
0402121 Thurston L. White, Jr. v. Commonwealth of Virginia 11/13/2012
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to believe the package contained narcotics
0899121 William Lester Graham v. Amy Lorraine Owens and James Brian Owens 11/13/2012
Summary affirmance – trial court did not err in denying appellant’s motion to strike and granting the petition for adoption when adoption was in best interest of child and appellant was withholding his consent contrary to best interest of child
1957112 Clifton Lee Harris v. Laura Teresa Harris 11/13/2012
No error in trial court’s finding that appellant did not prove by clear and convincing evidence that appellee was cohabitating with her boyfriend; appellant’s issue regarding lay opinion testimony waived under Rule 5A:20(e)
0129122 Nikolaos Kollas v. Commonwealth of Virginia 11/06/2012
Trial court erred in admitting the tuning fork calibration certificates into evidence where the certificates failed to meet the authentication and certification requirements of Code § 8.01 391(B)
0183122 Clifford B. Roye v. Commonwealth of Virginia 11/06/2012
Trial court erred in revoking appellant’s suspended sentence is excess of the actual time he had remaining; matter remanded to trial court for imposition of new revoked sentence
0609121 Shawn Parker v. Virginia Beach Department of Human Services 11/06/2012
Summary affirmance – trial court did not abuse its discretion in finding that termination of appellant’s parental rights to his child was in child’s best interest and that there was sufficient evidence to support termination
0610121 Shawn Parker v. Virginia Beach Department of Human Services 11/06/2012
Summary affirmance – trial court did not abuse its discretion in finding that termination of appellant’s parental rights to his child was in child’s best interest and that there was sufficient evidence to support termination
0761124 Joanne Harrison v. Veolia-Lorton and Old Republic Insurance Company 11/06/2012
Summary affirmance – Court will not consider appellant’s arguments she failed to comply with Rule 5A:20 and that failure is significant
1584111 Murrae Fonche Mack v. Commonwealth of Virginia 11/06/2012
Appeal dismissed where appellant failed to note an assignment of error cognizable before this Court; additional assignments of error raised by appellant in his opening brief were not contained in his petition and were not granted by the Court and assignment of error in petition is inadequate and does not comply with Rule 5A:12(c)(1)(ii)
1819111 Stephen James Franklin v. Commonwealth of Virginia 11/06/2012
Trial court did not err in refusing to suppress appellant’s statements where appellant reinitiated contact with the detective when he attempted to take appellant before a magistrate; trial court did not err in denying appellant’s double jeopardy argument
2371111 Kathleen Susann Ganiere v. Commonwealth of Virginia 11/06/2012
Trial court did not abuse its discretion or prejudice appellant’s rights by refusing to continue a sentencing hearing so that appellant could rebut a putative expert opinion the court expressly refused to consider
0414122 William F. G. DeVillier v. Elizabeth R. DeVillier 10/31/2012
Summary affirmance – trial court did not err in interpreting the consent order and proceeding with the hearing as a modification of child support rather than an initial determination of child support
2036112 Troy J. Davis v. Commonwealth of Virginia 10/31/2012
Evidence was insufficient to prove appellant’s conduct was so gross, wanton, and culpable as to indicate a callous disregard of human life in violation of Code § 18.2-371.1(B); conviction reversed and indictment dismissed
0693124 Christopher Andre S. W. Quincer v. Commonwealth of Virginia, et al. 10/23/2012
Summary affirmance – trial court did not err in denying appellant’s motions and in granting appellee’s motions to dismiss
1667114 Felecia Amos v. Commonwealth of Virginia 10/23/2012
Petition for Rehearing En Banc granted
1961111 Phillip Howell Delain v. Commonwealth of Virginia 10/23/2012
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of statutory burglary
2225112 Demonte M. Burgess v. Commonwealth of Virginia 10/23/2012
Trial court did not err in denying appellant’s motion to remove a juror mid-trial after it was discovered that she was the cousin of a non-testifying bystander
0275122 Murray Hardison Wright v. Nancy Lind Mercer Wright 10/16/2012
Trial court’s order reducing appellant’s spousal support obligation affirmed
1726111 Travis Tremaine Gibbs v. Commonwealth of Virginia 10/16/2012
Evidence was sufficient for jury to find appellant guilty of use of firearm in commission of robbery; trial court did not err in instructing jury on firearm offense; as trial court erred in sentencing appellant in excess of the maximum set by the jury, convictions of robbery, wearing a mask, and conspiracy remanded for resentencing
1775112 Tyrone Younger v. Commonwealth of Virginia 10/16/2012
Trial court did not err in allowing the Commonwealth to introduce into evidence appellant’s statement as substantive evidence
1891111 Donte Devan Mitchell v. Commonwealth of Virginia 10/16/2012
Appellant’s conviction for use of firearm in commission of robbery reversed and final judgment entered where evidence did not establish the use or attempted use of a firearm or an instrumentality that had the appearance of a firearm
2107111 Jahkeem Al-Tamir Shepperson v. Commonwealth of Virginia 10/16/2012
No error in trial court’s finding that evidence was sufficient to support convictions of rape, sodomy, object sexual penetration, and abduction with intent to defile
2453114 Carletta Talaya Carter Stewart v. Commonwealth of Virginia 10/16/2012
Trial court did not violate Code § 19.2-299 or Judicial Canon 3B(7), two grounds raised on appeal, in reviewing a presentence report of a defendant in a related case
2617114 Gopalakrishnan Subramanian v. Ranjeetha Ravichandran 10/16/2012
Order of trial court refusing to enter appellant’s draft order granting him a divorce affirmed where appendix does not contain records from trial court necessary to support his assertions of where he preserved his assignments of error and his statement of facts, which was included in appendix, was not signed by trial judge
0470123 Nickey Daniel Hatcher v. Bristol, Virginia Department of Social Services 10/09/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(1) and (C)(2)
0688113 Damien Davon Benguche v. Commonwealth of Virginia 10/09/2012
No error in trial court’s finding that evidence was sufficient to prove appellant’s constructive possession of the firearm; conviction of possession of firearm by convicted violent felon affirmed
0791113 Connie Beth Klewer v. Commonwealth of Virginia 10/09/2012
Trial court did not err in finding evidence was sufficient to support convictions for electronic solicitation of a minor and possession of child pornography or in finding Russell County was proper venue to prosecute cases; issue regarding whether images of appellant’s breasts constitute “sexual or genital parts” barred by Rule 5A:18
1033123 Tai Sharrock v. Shenandoah Valley Department of Social Services 10/09/2012
Summary affirmance – termination of appellant’s parental rights to her child affirmed where appellant presented no argument in support of her assignment of error and failed to file a transcript or statement of facts which is indispensable to determination of sufficiency of evidence to support termination
1326113 Othesues Delano Hairston, s/k/a Othersues Delano Hairston v. Commonwealth of Virginia 10/09/2012
Trial court did not abuse its discretion in admitting evidence of drugs recovered from vehicle in which appellant was a passenger when charge for which he was on trial was possession of a firearm by a convicted felon and was not drug related
1828113 Keith Lamonte Hill v. Commonwealth of Virginia 10/09/2012
Trial court did not err in denying appellant’s motion to suppress where, even assuming that placement of GPS device constituted unreasonable search or seizure, independent sources provided probable cause for appellant’s arrest and the accompanying search of his vehicle
1925111 Jennifer Sherrice Milton v. Commonwealth of Virginia 10/09/2012
Trial court did not err in denying appellant’s motion to withdraw her guilty plea where appellant did not present evidence that “manifest injustice” occurred when she entered her guilty plea
2086113 Robert S. Jones v. Cristobel O. von Hemert Jones 10/09/2012
Trial court did not err in classifying small farm as appellee’s separate property, in finding appellant did not prove outstanding debts to his friends, in determining rental value of rental home as a marital asset or in determining value or horses; equitable distribution award affirmed
2245111 Joey Demeral Jernigan v. Commonwealth of Virginia 10/09/2012
Appeal dismissed where assignment of error was insufficient and did not address an error of trial court
0857123 Richard Ellis v. Harrisonburg-Rockingham Social Services District 10/02/2012
Summary affirmance – no error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to his child where termination was in child’s best interest
1303113 David Andrew Kelley v. Commonwealth of Virginia 10/02/2012
Trial court did not err in admitting evidence that appellant possessed other stolen trailers and lawn mowers not at issue in this proceeding where the probative value outweighed any prejudice and jury was given an instruction limiting the purpose for which the evidence could be considered
1731112 Donald William Hall, II v. Commonwealth of Virginia 10/02/2012
Trial court did not err in finding evidence was sufficient to convict appellant of felony eluding or in finding appellant’s conviction was not prohibited by constitutional or statutory double jeopardy bars
2069112 Kerry O’Brien Smith v. James Brown Smith, III 10/02/2012
Summary affirmance – final divorce decree affirmed where issues procedurally defaulted under Rules 5A:18, 5A:20, and 5A:25
2195111 France Arthur Brokenberry v. Commonwealth of Virginia 10/02/2012
Trial court did not err in denying appellant’s motion for appointment of an expert in field of sleep disorders because the expert witness testimony was irrelevant to any issue at trial
2207112 Javaughn Marquel Breland v. Commonwealth of Virginia 10/02/2012
Trial court did not err in denying appellant’s motion to strike abduction charge where abduction was separate and apart from, and not merely incidental to, restraint used in the assault and battery
2275112 Sherrie Norma Foster v. Commonwealth of Virginia 10/02/2012
No error in trial court’s finding that appellant agreed with another to meet informant in order to sell him cocaine and that appellant’s part in the conspiracy was neither innocent nor inadvertent
0307124 Ronald Anthony Lilley v. Jill Wilson 09/25/2012
Trial court’s order regarding child support and an award of attorney’s fees to appellee for a hearing on the statement of facts challenge affirmed
0556122 Brian Anthony McPhail v. Gracie Stinnett McPhail 09/25/2012
No error in trial court’s child support order interpreting the parties’ property settlement agreement
1429112 James Clelan Massa v. Commonwealth of Virginia 09/25/2012
Trial court did not err in finding evidence was sufficient to support grand larceny conviction where evidence proved appellant abandoned weapon and never expressed any intent to return it to its owner; conviction of possession of concealed weapon by a felon affirmed pursuant to Rule 5A:18
0914124 Manorcare Health Services, et al. v. Shannon L. Walker 09/18/2012
Summary affirmance – no error in commission’s finding that appellants are responsible for the cost of appellee’s ongoing medical treatment for her lower back as it is necessary, reasonable, and causally related to her work accident
0592124 Prasad Ponnekanti v. Usha Ananthapadmanabhan 09/11/2012
Summary affirmance – no error in trial court’s order regarding child support or attorney’s fee award
0694122 Michael-David Robinson v. Carmella Fran Robinson 09/11/2012
Summary affirmance – no error in trial court’s interpretation of the Agreement between the parties regarding the date of valuation of the parties’ former marital residence
2571114 Kevin Logan, Jr. v. Fairfax County Department of Social Services 09/11/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his five children
2608114 Jennifer Logan v. Fairfax County Department of Social Services 09/11/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children
0572122 Mark L. Byrd v. Melinda C. Byrd 09/04/2012
Summary affirmance – judgment of trial court awarding rehabilitative spousal support affirmed as appellant failed to address factors considered by trial court in his brief, the appendix failed to include any testimony or other incidents of case germane to assignment of error, and replacement brief falls short of threshold showing of adequacy
0706122 Charles Smith v. Lewis Tree Service and American Zurich Insurance Company 09/04/2012
Summary affirmance – decision of commission finding appellant did not prove he suffered a compensable injury by accident affirmed
0833122 City of Fredericksburg and VML Insurance Programs v. Juanna Grijalva 09/04/2012
Summary affirmance – decision of commission awarding temporary total disability benefits to appellee affirmed
0834124 EG&G Technical Services, Inc. et al. v. Cheryl L. Tiffany 09/04/2012
Summary affirmance – decision of commission reinstating disability benefits to appellee affirmed
2344111 Tamena Wilson v. Fitzgerald Britton 09/04/2012
Summary affirmance – order awarding legal and physical custody of parties’ child to appellee affirmed; issue regarding violation of a prior order of the court barred by Rule 5A:18
0574123 Sybil Moody v. Shenandoah Valley Department of Social Services 08/28/2012
Summary affirmance – as appellant provided an insufficient record to this Court, we are unable to review her assignment of error
0942123 Daniel Burnette v. Bristol Department of Social Services 08/28/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
2394104 J. David Pratt v. Morgan Patricia Pratt 08/21/2012
Upon rehearing by panel – error in trial court’s equitable distribution award; case remanded to trial court
0301124 Tahira Naseer v. Hamid Moghal 08/14/2012
Trial court did not err in granting appellee an annulment where appellee presented clear and convincing evidence that appellant had not obtained a legal divorce before she married appellee
0846121 Disamodha C. Amarasinghe, M.D. v. Commonwealth of Virginia et al. 08/14/2012
Summary affirmance – a transcript or written statement of facts of the March 21, 2012 hearing is indispensable to a determination of issues appellant raises on appeal; record on appeal does not contain that transcript or written statement of facts
1667114 Felecia Amos v. Commonwealth of Virginia 08/07/2012
Judgment of trial court finding appellant in summary contempt affirmed as appellant failed to preserve her assignments of error on appeal and the ends of justice exception of Rule 5A:18 does not apply
2095114 Richard Clayton v. State Building Code Technical Review Board 08/07/2012
Trial court did not err in finding appellee committed no error of law and upholding its finding that neither the Statewide Fire Prevention Code nor the Virginia Public Building Safety Regulations requires the retrofitting of firestops in appellant’s building
2529112 Brandy Nicole Beard v. Halifax County Department of Social Services 08/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children where appellee presented clear and convincing evidence to support the termination
0064121 Lisa Dolak v. Virginia Beach Department of Human Services 07/31/2012
Appellant’s argument that trial court erred in terminating her parental rights to child in her absence waived under Rule 5A:18 where appellant was given proper notice of the hearing and did not appear and signed final order “[s]een and objected to” with no grounds given for the objection
0065121 Jarrod Dolak v. Virginia Beach Department of Human Services 07/31/2012
Appellant’s argument that trial court erred in terminating his parental rights to child in his absence waived under Rule 5A:18 where appellant was given proper notice of the hearing and did not appear and signed final order “[s]een and objected to” with no grounds given for the objection
0351122 Michael C. Wallace, Sr. v. Anita W. Wallace 07/31/2012
Summary affirmance – trial court’s order regarding payment of appellant’s son’s student loans affirmed
2542112 CJW Medical Center and ACE American Insurance Company v. Michelsha Wallace 07/31/2012
Commission erred in finding appellant’s injury arose out of her employment where it incorrectly applied the actual risk test to the undisputed facts of this case
0394124 Eric Eliezer Nelson v. Elizabeth Groff Sanders 07/24/2012
Summary affirmance – as appellant has raised in a previous appeal the same assignments of error between the same parties with the same facts, the decision of this Court in the prior case is the law of the case
0583111 Orna Lee Terrell v. Commonwealth of Virginia 07/24/2012
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where it found there was no good faith basis to withdraw the plea
1595114 Kevin Jack Johnson v. Commonwealth of Virginia 07/24/2012
Appellant’s conviction of larceny, third or subsequent offense affirmed where trial court’s admission of other crimes evidence was harmless
2042114 Sheila E. Brennan v. Paul D. Albertson 07/24/2012
Trial court did not err in finding appellant was cohabiting in a relationship analogous to marriage and in terminating the previously ordered spousal support
0037124 Sharon Ruth Tucker v. John Harrison Clarke 07/17/2012
Summary affirmance – no error in trial court’s custody order awarding appellee sole legal and physical custody of parties’ child
0395122 John E. Venable v. S & M Brands, Inc. and Commerce & Industry Insurance Company 07/17/2012
Summary affirmance – no error in commission’s finding that appellant did not suffer a compensable spinal injury as a result of his work-related accident and that his spinal surgery and related medical expenses were not the result of his work-related accident
1682112 Jamar Anthony Williams v. Commonwealth of Virginia 07/17/2012
Appellant’s conviction of grand larceny of rental vehicle affirmed where appellant had recent, exclusive possession of stolen vehicle and his false explanation were sufficient to justify inference appellant was the thief; Chesterfield County was proper venue to prosecute case
1875114 Kaipha Sherman Brown v. Kadiatu Kukie Brown 07/17/2012
Summary affirmance – final decree of divorce affirmed; trial court did not err in denying appellant’s request for spousal support or in awarding attorney’s fees to appellee; other issues barred by Rule 5A:18, 5A:20 and waiver
2559111 Joseph Michael Russell v. Nancy Lynne Russell 07/17/2012
Trial court did not err in dismissing appellant’s motion to show cause and motion to vacate orders relating to his divorce action where trial court had subject matter jurisdiction over the child custody issue and appellant did not properly challenge the orders in the trial court
0092111 Lendell C. Bryant v. Commonwealth of Virginia 07/10/2012
Appellant’s conviction of selling or distributing stolen property under Code § 18.2-108.01(B) reversed where appellant was convicted for an offense not charged in the indictment and not properly viewed as a lesser-included offense of Code § 18.2-108.01(A)
0314123 Commonwealth of Virginia v. Lisa Waller Butcher 07/10/2012
Trial court erred in suppressing appellee’s statements made during a station house interview conducted four months before her arrest where officer did not violate appellee’s Miranda rights; matter remanded to trial court for trial
0385111 Antwone Linn Jackson v. Commonwealth of Virginia 07/10/2012
Trial court did not err in granting the Commonwealth’s motion to amend the rape indictment to charge object sexual penetration and in concluding the evidence was sufficient to support appellant’s challenged conviction for robbery
1239112 Joseph Michael Rodriguez, Jr. v. Commonwealth of Virginia 07/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant solicited another to act as an accessory before the fact; appellant’s conviction of solicitation to commit a commit a felony affirmed
1454112 John Clifford Hutt, III v. Commonwealth of Virginia 07/10/2012
Appellant’s convictions of grand larceny, forgery, and uttering affirmed where admission of affidavits constitutes harmless error in light of other evidence before the trial court
1685114 Joshua Wayne Dellinger v. Commonwealth of Virginia 07/10/2012
No error in trial court’s finding that evidence was sufficient to prove the value of the stolen goods was $200 or more; conviction of receiving stolen property affirmed
1934111 Jamaal Samuel Wyche v. Commonwealth of Virginia 07/10/2012
Trial court did not err in allowing an expert witness to testify about gang practices and terminology where such testimony was probative as to appellant’s identity and was cumulative of what the jury already heard from other testimony and exhibits
2567101 Mark Van Kersey v. Commonwealth of Virginia 07/10/2012
No error in trial court’s finding that Commonwealth presented sufficient evidence to prove victim’s injury caused a permanent and significant physical impairment
0155124 Faye Ferrell v. Alexandria Department of Community and Human Services 07/03/2012
Trial court did not err in terminating appellant’s parental rights to her youngest child or in approving the entrustment agreement
1006111 Maurice Daquon Moore v. Commonwealth of Virginia 07/03/2012
Trial court did not err in finding evidence was sufficient to prove appellant acted with the requisite intent to maim, disfigure, disable or kill an unintended victim; convictions of malicious wounding, use of a firearm in the commission of a felony, and shoot, stab, cut or wound in the commission of a felony affirmed
2338112 Fred L. Myers v. Madison Wood Preservers and Employers Preferred Insurance Company 07/03/2012
No error in commission’s finding that claimant failed to meet his burden of proving a causal connection between the workplace accident and his knee condition
2569113 Michael Gearing v. Shenandoah Valley Department of Social Services 07/03/2012
Summary affirmance – judgment of trial court terminating appellant’s parental rights to his child affirmed where appellant’s argument is barred by Rule 5A:18
0170124 Fine Grind, Inc., d/b/a Hard Times Café v. Virginia Department of Alcoholic Beverage Control 06/26/2012
Summary affirmance – trial court did not err in affirming appellee’s decision to suspend appellant’s alcohol license
0698112 Charles Goodwin Jordan v. Elaine Richardson Jordan 06/26/2012
Final decree of divorce affirmed where trial court did not err in limiting evidence concerning appellee’s alleged adultery and appellant has not established his need for spousal support
1952114 Eugenio Cid v. Ofelia Perez De Cid 06/26/2012
Trial court did not abuse its discretion in declining to modify appellant’s spousal support obligation where the change in the parties’ income, by itself, did not constitute a material change in circumstances and did not affect appellant’s ability to pay spousal support
2386114 Eric Eliezer Nelson v. Elizabeth Groff Nelson, n/k/a Elizabeth Groff Sanders 06/26/2012
Judgment of trial court affirmed where appellant failed to preserve the issues for review
2497112 Lisa Jennings v. Richmond Public Schools and Sedgwick Claims Management Services, Inc. 06/26/2012
No error in commission’s finding that appellant’s tripping accident did not arise out of her employment
2605111 Devon Turner v. City of Hampton Department of Social Services 06/26/2012
Judgment of trial court affirmed where appellant failed to comply with Rule 5A:20(e) and failure to comply with rule is significant
0979114 Steven Michael Simmons v. Commonwealth of Virginia 06/19/2012
Trial court did not err in finding evidence was sufficient to prove appellant was intoxicated at the time he drove his vehicle
1206114 Michael Gene Howell v. Commonwealth of Virginia 06/19/2012
Trial court did not err in allowing witness to testify to what witness observed on store’s surveillance video, in allowing a jury instruction on flight or in prohibiting jury from hearing testimony regarding codefendant’s sentence during penalty phase of appellant’s trial
1270114 Reginald Cornelius Latson v. Commonwealth of Virginia 06/19/2012
Trial court did not err in finding evidence was sufficient to prove appellant applied some force to the door in order to enter the residence; conviction of statutory burglary affirmed
1801114 Justin Gerensky-Greene v. Dimiter Gerensky 06/19/2012
Trial court did not err in granting appellee’s motion for a nonsuit; appellant’s arguments regarding motion for sanctions and appellee’s medical records barred by Rule 5A:18
0009122 Brianca Thomas v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her son or in approving goal of adoption
0059124 Andrew Bilski v. Christina Biliski 06/12/2012
Summary affirmance – order of trial court affirmed where appellant failed to include in appendix a part of the record essential to resolution of issues raised on appeal and failed to comply with Rule 5A:20
0233114 Mohamed Kaffi v. Commonwealth of Virginia 06/12/2012
Trial court erred in denying appellant’s motion to proceed pro se on the basis that he was not competent to represent himself; conviction vacated and matter remanded to trial court to examine appellant’s request under standard in Faretta v. California, 422 U.S. 806 (1975)
1257112 Jeanette T. Terry v. Commonwealth of Virginia 06/12/2012
Trial court failed to apply the proper standard in denying appellant’s motion to withdraw her pleas of nolo contendere; matter remanded to trial court for further proceedings
2016112 Selena Gudino v. Dennis Gudino 06/12/2012
Trial court’s award of attorney fees to guardian ad litem remanded to trial court to conduct an evidentiary hearing
2211112 Carole Trese Swanson v. Jeffrey Lee Taylor 06/12/2012
Summary affirmance – trial court’s order regarding spousal support affirmed where Court finds appellant’s failure to comply with Rules of Court is significant and Court will not consider her arguments on appeal
2400112 Arthur Barnett v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving foster care plan with goal of adoption
2401112 Arthur Barnett v. Richmond Department of Social Services 06/12/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving foster care plan with goal of adoption
2492102 Billy Jack Hopper v. Commonwealth of Virginia 06/12/2012
Appellant’s arguments that Commonwealth failed to prove his intent upon entry onto property or that he had exclusive possession of stolen checks barred by Rule 5A:18; trial court did not err in applying inference of burglary from possession of recently stolen goods or in applying inference of larceny from possession of recently stolen goods
2526112 Commonwealth of Virginia v. Jovon Montell Square 06/12/2012
Appeal dismissed because this Court has no active jurisdiction to consider merits of appeal where appellant failed to file a petition for appeal that contained assignments of error within 14-day period as specified by Code § 19.2-402 and this Court had no authority to grant an extension of time to allow appellant to file proper petition for appeal
0456112 Dejon T. Person v. Commonwealth of Virginia 06/05/2012
Trial court did not err in denying appellant’s motion to set aside the verdict or the motion to strike the evidence; trial court erred in failing to instruct the jury on unlawful wounding
1413112 Gay H. Goodwin v. James V. Flinn 06/05/2012
No error in trial court’s findings regarding holding appellant in contempt with respect to the refinancing of the parties’ beach house; trial court erred in ordering appellant must reimburse appellee for her share of educational expenses of one of parties’ children
1724111 Ryan Michael Hart v. Robin Barnett Hart 06/05/2012
No reversible error in trial court’s evidentiary rulings, in finding that appellant’s visitation at this time should be supervised, or in the award of attorney’s fees and costs to appellee
1791114 Phillip S. Griffin, II v. Kathryn O. Griffin, n/k/a Kate Obenshain 05/29/2012
Trial court’s rulings regarding equitable distribution and child support affirmed
2053112 Brian Gray v. Commonwealth of Virginia 05/29/2012
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of grand larceny
2193114 Pier 1 Imports, Inc. and American Zurich Insurance Company v. Helen Esther Wright 05/29/2012
Commission’s award of post-termination partial disability benefits to appellee affirmed where record supports finding that appellee’s poor performance at work was attributable to her injury and its residual involuntary effects and not attributable to purely voluntary misconduct
2226112 Gordon David Belcher v. Carolyn Bishop Belcher 05/29/2012
Trial court did not err in finding appellant gifted a portion of the parties’ checking account to appellee; trial court erred in denying appellant’s motion to terminate spousal support and that matter is remanded to the trial court for the parties to present evidence on that motion
2332113 Tito Lopez Rojas v. Roanoke City Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where trial court found appellant failed to demonstrate the ability to remedy conditions leading to children’s placement in foster care and termination was in best interests of children
2376112 Paul Davies v. Prince Edward County Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
2377112 Kimberly Waddell v. Prince Edward County Department of Social Services 05/29/2012
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(2)
2572112 Community Residences, Inc. and Technology Insurance Company v. Estelle B. Rice 05/29/2012
Summary affirmance – no error in commission’s award of benefits where it found appellee performed work with employer that was substantially similar to her employment with another employer and she proved she suffered compensable injuries to her right knee, neck, and both hands
0024122 Wella Manufacturing of Virginia and Old Republic Insurance Company v. Kevin Lamont Baker 05/22/2012
Summary affirmance – no error in commission’s decision awarding appellee temporary total disability benefits
0319112 John Luke Vogt v. Commonwealth of Virginia 05/22/2012
Appellant’s conviction of possession of methamphetamine affirmed where trial court properly found appellant had violated court’s deferred disposition order by failing to submit two drug screens to his probation officer; issue regarding consideration of two letter reports from his probation officer barred by Rule 5A:18
1017112 Logan Bourne v. Commonwealth of Virginia 05/22/2012
No error in trial court’s finding that evidence was sufficient to prove an attempt to break and enter with intent to commit larceny
1588112 Gilbert Harrison Berger, as guardian ad litem etc. v. Nathaniel Harris, et al. 05/22/2012
Trial court lacked authority to consider whether juvenile court had improperly granted appellee a nonsuit where that order had already been vacated by the de novo appeal and trial court did not have appellate jurisdiction over order but was empowered to hold a new trial; trial court correctly held entrustment agreements rendered de novo appeal moot
2134112 Commonwealth of Virginia and Department of Transportation v. AMEC Civil, LLC 05/22/2012
Judgment of trial court affirmed in part, reversed in part, and remanded to trial court for a recalculation of damages
2363111 Shannon Gore, s/k/a Shannon Nicole Gore v. Gloucester County Department of Social Services 05/22/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0613112 Goran Andelic v. Commonwealth of Virginia 05/15/2012
Trial court did not err in denying appellant’s motion to strike Commonwealth’s evidence and finding that its evidence was sufficient for the jury to conclude that at the time appellant set fire to the dwelling, it was occupied within the meaning of Code § 18.2-77(A)
1061114 David Alexander Pineda v. Commonwealth of Virginia 05/15/2012
Appellant’s conviction of driving under the influence of alcohol, third offense in ten years affirmed where appellant’s assignment of error addresses sufficiency of the evidence but his argument on that assignment of error addresses only admissibility of a previous conviction and not issue of sufficiency of evidence
1146112 Megan L. Clark v. Commonwealth of Virginia 05/15/2012
Appellant’s conviction of felony child neglect reversed where evidence was insufficient to show she committed an act or omission in the care of a child that was so gross, wanton, and culpable as to show a reckless disregard for human life
1518114 Manhal Mograbi v. Manal Abdellatif 05/15/2012
Trial court’s equitable distribution rulings and award of attorney’s fees to appellee affirmed; award of spousal support reversed and remanded to trial court where record contains no written findings or conclusions specifically addressing Code § 20-107.3(E) factors and applying those factors to this case
1644112 Hansen Dwayne Fields, Jr. v. Commonwealth of Virginia 05/15/2012
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where record shows plea was entered freely and intelligently and appellant has failed to establish a good faith basis to withdraw the plea and has failed to proffer evidence of a reasonable basis for contesting his guilt
1743114 Charlie Bellfleur Yamba Taka v. Alfred Scott McLaren, Jr. 05/15/2012
Summary affirmance – transcript or statement of facts of the evidence is indispensable to determination of whether trial court erred in granting primary residential custody of parties’ child to appellee or abused its discretion in determining spousal support
2115112 Lameka Denise Wade v. Commonwealth of Virginia 05/15/2012
No error in trial court’s finding that evidence was sufficient to prove appellant was a principal in the second degree to abduction, robbery, and two counts of use of a firearm in the commission of a felony
2281113 Robert Whitt v. Halliburton Energy Services, Inc. and Ace American Insurance Company 05/15/2012
No error in commission’s finding that appellant’s injury did not arise out of and during the course of his employment
2405112 Reginald C. Wilson v. Virginia State Board of Elections 05/15/2012
Summary affirmance – trial court did not err in affirming hearing officer’s decision sustaining appellant’s termination as a business manager with appellee
2443113 Rose Schroeder v. Wise County Department of Social Services 05/15/2012
Summary affirmance – trial court did not err in dismissing appellant’s appeal of the juvenile court order terminating her parental rights to her children for failure to prosecute
2460111 Tyson Foods, Inc. v. Keith Parker 05/15/2012
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee
2550114 Catherine Wu Laing v. Alexander Mark Laing 05/15/2012
Summary affirmance – final order of divorce affirmed; trial court did not err in denying appellant’s continuance request, in ordering marital residence be sold and ordering parties to divide equally costs of repairs, or in awarding attorney’s fees to appellee; issue regarding certain retirement assets waived under Rule 5A:20
0513112 Brian Lamont King v. Commonwealth of Virginia 05/08/2012
Trial court did not err in denying appellant’s motion to suppress where facts were sufficient to establish both reasonable suspicion for appellant’s detention at time appellant was removed from vehicle and probable cause to search appellant when officer ordered him to open his mouth
1275111 Quavadis V. Hyman v. Commonwealth of Virginia 05/08/2012
Error in trial court’s finding that appellant had the specific intent to break officer’s watch under Code § 18.2-137(B); as there was sufficient evidence that appellant caused the watch to break, matter remanded to trial court for a new trial under Code § 18.2-137(A) if Commonwealth is so inclined
1669113 Minova USA and New Hampshire Insurance Company v. James Edwin Kistler 05/08/2012
No error in commission’s award of benefits to appellee where commission found appellee sustained an injury, no express order was given to appellee with respect to use of the turntable, and he did not willfully violate a safety rule
1709112 Robin Kemp Smith v. Mark K. Smith 05/08/2012
No error in trial court’s order terminating appellant’s spousal support award
1793112 Andre Darnell Watkins v. Commonwealth of Virginia 05/08/2012
No error in trial court’s finding that testimony of officer, victim’s demeanor, appellant’s statements, and physical evidence were sufficient to support conviction of domestic assault and battery
1794112 Norbert Karl Thinnes v. Mary M. H. Thines 05/08/2012
Trial court’s order dismissing appellant’s appeal from juvenile court as untimely affirmed where notice of appeal was not timely filed and appellant’s argument regarding whether he received ineffective assistance of counsel barred by Rule 5A:18
2050114 Beam Brothers Trucking, Inc. and United States Fire Insurance Company v. Lon Emory Bowers 05/08/2012
No error in commission’s award of medical benefits and temporary total disability benefits where appellee sustained additional injury to his pre-existing back condition as result of workplace accident and appellee’s ongoing treatment and disability were related to the aggravation of his pre-existing back condition
2299112 The Salvation Army and Zurich American Insurance Company v. Reginald Lyon 05/08/2012
No error in commission’s award of temporary total disability benefits for a defined period where it found the period of disability and appellee’s right knee surgery were causally related to the workplace accident
2311112 Reginald Lyon v. The Salvation Army and Zurich American Insurance Company 05/08/2012
Commission erred in denying appellant temporary total disability benefits after October 18, 2010 where appellant proved his disability continued beyond that date
2465114 Ana Ruth Araujo DeAcevedo v. Healthcare Service Group, Inc. and Zurich American Insurance Company 05/08/2012
Summary affirmance – no error in commission’s finding that appellant failed to carry her burden of proving a change in her condition, the need for surgery, or any additional disability resulting from the accident
2613112 7-Eleven, Inc. #11070 and Ace American Insurance Company v. Charleen M. Drew 05/08/2012
Summary affirmance – no error in commission’s finding that appellants were responsible for surgery and replacement of a quad cane and diabetic shoes as recommended by appellee’s physician
0800113 Shawn Wesley Gill v. Commonwealth of Virginia 05/01/2012
Appellant’s argument that trial court erred in finding it could not sentence him to a psychiatric facility instead of prison under Code § 19.2-176, which was repealed in 2010, barred by Rule 5A:18
0962112 Douglas Allen Daugherty v. Commonwealth of Virginia 05/01/2012
Trial court did not err in finding evidence was sufficient to support appellant’s convictions of two counts of first-degree murder and two counts of use of firearm in commission of felony, in refusing to admit evidence regarding unadjudicated misconduct by one of witnesses, or in admitting hearsay evidence
1026112 Reshaun Demond Tinsley v. Commonwealth of Virginia 05/01/2012
Trial court did not err in refusing to grant appellant’s alibi instruction where record does not contain more than a scintilla of evidence to establish appellant was not at scene of the crime
1512112 Maria Estela Rodrigues v. Arlington County Schools and Virginia Group Self-Insurance Association 05/01/2012
No error in commission’s finding that appellant was not entitled to temporary total disability benefits and medical benefits where it found appellant’s injuries did not arise out of her employment
1968112 American Armoured Foundation, Inc. and Technology Insurance Company v. Frank Lettery 05/01/2012
Commission did not err in requiring appellants to pay for appellee’s YMCA membership and mileage for his unsupervised physician-directed independent pool therapy following a workplace injury where it found the membership and mileage were “other necessary medical attention” pursuant to Code § 65.2-603
2075114 Patricia G. Hedrick v. Mary’s Diner, Inc., et. al 05/01/2012
No error in commission’s denial of permanent total disability benefits for appellant’s left side where it found disability ratings of treating doctors lacked a foundation to support them
2286112 John R. Poindexter v. Lisa M. Poindexter, n/k/a Lisa Marie Clark 05/01/2012
Summary affirmance – trial court did not err in granting appellee’s motion to strike at the hearing on appellant’s motion to set aside the parties’ property settlement agreement
1531111 Karen Michelle Dunn-Brinkley, a/k/a Karen Dunn-Brinkly v. Commonwealth of Virginia 04/24/2012
Trial court’s order imposing successful completion of drug treatment court program as a condition of appellant’s suspended sentence affirmed where appellant invited the alleged error when she requested at sentencing that she be permitted to participate in the program
1802114 Kimberly R. Waters v. TGI Friday's and Indemnity Insurance Company of America 04/24/2012
Commission did not err in modifying appellant’s average weekly wage or in disallowing a spoliation inference; appellant’s issues regarding equitable estoppel and whether appellees should be entitled to a credit pursuant to Code § 65.2-520 barred by Rule 5A:20
1919111 City of Norfolk School Board v. Mildred Denise Vaughan 04/24/2012
Decision of commission awarding appellee an award of $552.88 for seventy weeks based on a 40% impairment of her left leg affirmed where appellants failed to provide authority to support its assignments of error and this Court is bound by factual findings of commission unless they are plainly wrong or without credit evidence to support them
2129114 Maria Isabella Turpin v. Billy Keith McGowan 04/24/2012
Summary affirmance – no error in trial court’s order awarding a change of custody of parties’ son to appellee
2549114 Helen Fehrenbach v. Giant #799 and Indemnity Insurance Company of America 04/24/2012
Summary affirmance – no error in commission’s decision denying appellant’s claim for temporary total disability benefits and medical benefits relating to an injury by accident involving her left knee
2560114 Mohammed J. Abdlazez, Sometimes Known As Mohammed J. Abdulazez v. Eileen M. McLane, etc. 04/24/2012
Summary affirmance – no error in judgment of trial court finding appellant in civil contempt; trial court did not err in refusing to apply protections and burden of proof of a criminal trial
1314114 Carol Ann Wright v. James Curtis Wright 04/17/2012
Trial court did not err in denying appellee’s motion for offset; trial court erred in denying appellant’s request for attorney’s fees and costs; matter remanded to trial court to make a finding of reasonable attorney’s fees and costs as required by the parties’ property settlement agreement
1933112 Uninsured Employer's Fund v. William R. Carter 04/17/2012
No error in commission’s finding that claimant adequately marketed his residual work capacity, that Virginia law does not create a duty to market residual work capacity based solely upon the fact that the partially disabled employee is sustaining a wage loss, and that claimant continues to be disabled as a result of his work-related injuries
2174112 Richard Dickover v. Sharon Seaton 04/17/2012
Summary affirmance – appellant’s issue regarding date of termination of spousal support affirmed; issue regarding attorney’s fees procedurally barred
2257112 Robert M. Bew v. Stephanie B. Bew 04/17/2012
Summary affirmance – trial court did not err in denying appellant’s request for a continuance
0306111 Abony Dayon Blanchard v. Commonwealth of Virginia 04/10/2012
Trial court did not err in denying appellant’s motion to suppress where encounter remained consensual until officer developed a reasonable, articulable suspicion that appellant possessed a concealed firearm and was armed and dangerous
0424114 Howard David Deiner v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant obtained money from families through the use of false pretense that he was an attorney licensed to practice in Virginia and that he had requisite intent to defraud at the time the false representation was made
0694114 Tommy L. Harmon, Jr. v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding Commonwealth had authority to move to quash appellant’s requests for subpoenas duces tecum, or in quashing the subpoenas; record does not reflect that trial court refused to consider any mitigating facts or circumstances presented on appellant’s behalf
1439113 Terry Lynn May v. Town of Bridgewater, et al. 04/10/2012
Commission did not err in denying appellant’s claim for benefits where the medical evidence was inconclusive that his injury arose out of his employment
1557111 Winfred Bell, s/k/a Winfrid Bell v. Commonwealth of Virginia 04/10/2012
Trial court did not err in finding evidence was sufficient to prove appellant intentionally, and not accidentally, hit officer’s vehicle; conviction of assault and battery of a law enforcement officer affirmed
1666114 Latisha Coleman v. Alexandria Department of Community and Human Services 04/10/2012
Appellant’s argument on appeal regarding whether trial court erred in dismissing her appeal from juvenile court when she failed to appear barred by Rule 5A:18
2498112 Verizon South, Inc., et al. v. Sedrick J. Bailey 04/10/2012
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury by accident
1492103 Travis Wade Spence v. Commonwealth of Virginia 04/03/2012
Appellant’s convictions of first-degree murder and obstruction of justice affirmed where claims of ineffective assistance of counsel may no longer be raised on direct appeal
1931114 Martha Burks Burton v. Robert Graham Burton 04/03/2012
Trial court did not err in finding a deed transferring appellant’s interest in real estate to appellee was a valid deed of gift, in awarding spousal support to appellant for a defined duration, or in classifying an increase in company acquired by appellee prior to marriage as hybrid property instead of marital property
2214113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2215113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2216113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child or in finding child did not object to termination of his mother’s parental rights
2217113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2218113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2219113 Simone Scott v. Roanoke City Department of Social Services 04/03/2012
No error in trial court’s finding evidence was sufficient to support termination of appellant’s parental rights to her child
2685102 Quaiyim Amin El-Shabazz, s/k/a Qaiyim Amin El-Shabazz v. Commonwealth of Virginia 04/03/2012
Trial court did not err in denying appellant’s motion to strike abduction for pecuniary benefit charge and related firearm charge of one of victims, by denying proposed jury instructions of attempted robbery, in overruling appellant’s objection to “taking” instruction, or in denying appellant’s circumstantial evidence instruction
1599113 Robert Stokes v. Monogram Snacks Martinsville, LLC et al. 03/27/2012
No error in commission’s denial of benefits where the medical opinions proffered by appellant are inconclusive or inconsistent, the commission could consider the testimony of Dr. Leipzig, and the commission did not err in assessing Dr. Chumble’s testimony
1665114 Robert M. Voltz v. Anne C. Voltz 03/27/2012
Trial court did not err in interpreting parties’ written parenting agreement or by refusing to modify child support for a period prior to appellant filing his motion to modify
1904114 Qiujing Wang, a/k/a Julie Wong v. Jack Ray Crumpacker 03/27/2012
Summary affirmance – trial court did not err in denying appellant’s request for spousal support or in awarding attorney’s fees to appellee where trial court properly found prenuptial agreement was enforceable and appellee did not meet her burden to prove agreement was unconscionable or that she entered it involuntarily
1956112 Donald L. Pitt, Jr. v. Shackleford’s Restaurant, et al. 03/27/2012
Commission did not err in denying appellant’s claim for benefits where credible evidence supports finding that appellant intentionally violated a known safety rule and employer enforced the rule at issue
2166113 Jasmine Anderson v. Lynchburg Department of Social Services 03/27/2012
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved that termination of appellant’s parental rights was in best interests of her children
2700102 Colin Antonio Ellis, s/k/a Collin Antonio Ellis v. Commonwealth of Virginia 03/27/2012
No error in trial court’s finding evidence was sufficient to support conviction of abduction with intent to defile where appellant’s restraint of victim constituted a detention and circumstantial evidence supported finding that appellant detained victim with intent to defile
0309111 Don Wayne Elliott v. Commonwealth of Virginia 03/20/2012
Appellant’s argument that trial court erred in finding appellant’s prior conviction under Code § 18.2-255.2 constituted a predicate offense to sustain conviction as a second-time offender under Code § 18.2-248(C) barred by Rule 5A:18
1051114 Ricky I. Parsons v. Diana L. Parsons 03/20/2012
Error in those parts of the equitable distribution award giving appellee one-half of the equity in parties’ Utterback Store Road property and in UBS account; remainder of appellant’s issues procedurally defaulted
1225111 Dagenhart Sprinkler Company and Clarendon National Insurance Company v. Eric B. Hurst 03/20/2012
Commission did not err in finding that appellee’s ongoing and continuing need for lower back medical treatment was caused by the work-related injury he sustained or in finding doctrine of laches did not bar appellee’s request for authorization for continuing treatment
1687111 Mendel Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to his four daughters was in their best interest
2005111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
2006111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
2007111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
2008111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
2009111 Danielle Kinter-Tyson v. Virginia Beach Department of Human Services 03/20/2012
Trial court did not err in finding termination of appellant’s parental rights to her daughter was in child’s best interest
0166113 Stanley Germiah Oliver v. Commonwealth of Virginia 03/13/2012
Evidence was sufficient to support conviction of robbery where victim was in residence during the acts of violence and the taking of the property; fact finder could properly find property was taken from her presence; circumstantial evidence was sufficient to prove appellant was one of perpetrators of offenses
0888114 Deatra A. Burch v. Alexandria Department of Human Services 03/13/2012
Trial court did not err in denying appellant’s motion to dismiss termination proceedings as violative of statutory and constitutional notice requirements or in finding clear and convincing evidence justified termination of appellant’s parental rights to her children
0969111 Daniel Ellery Willoughby v. Commonwealth of Virginia 03/13/2012
Evidence was sufficient to prove that appellant constructively possessed cocaine that was sitting on floorboard of vehicle with knowledge of cocaine’s nature and character and that appellant possessed the cocaine with the intent to distribute it
2394104 J. David Pratt v. Morgan Patricia Pratt 03/13/2012
Petition for rehearing granted
0826113 Rodney Gerald Gallier v. Commonwealth of Virginia 03/06/2012
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of attempting to commit aggravated sexual battery where victim’s testimony was credible and appellant touched material covering victim’s intimate parts with intent to sexually molest, arouse or gratify any person; arguments regarding rehabilitating witness barred
1110114 Norma Saenz-Romero v. Arlington County Department Human Services 03/06/2012
No error in trial court’s order terminating appellant’s parental rights to her oldest child where appellant had not remedied conditions that led to child being placed in foster care; appellant waived her objection to admissibility of documents where she relied on same documents in her motion to strike
1245114 G. C. Construction, L.L.C. and Technology Insurance Company v. Gerson Cruz 03/06/2012
No error in commission’s award of benefits to appellee where his injury was a compensable injury by accident that arose out of his employment and appellee reasonably and adequately marketed his residual work capacity
1873112 Ava Catron Black v. Charlottesville Department of Social Services 03/06/2012
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a recess in the proceedings; order terminating appellant’s parental rights to her child and approving change in goal of foster care plan affirmed
1953112 Kimberly D. Smith v. William S. H. Smith 03/06/2012
Summary affirmance – record proves trial court considered Code § 20-107.3(E) factors in determining equitable distribution award; additional arguments regarding equitable distribution and spousal support barred by Rule 5A:18
2145112 Rodney Shade v. J.M. Fry Company, Inc. and Travelers Indemnity Company of America 03/06/2012
Summary affirmance – no error in commission’s finding that appellant’s back injury was not related to his compensable work accident
2253114 Darin Justus v. Fluor-Lane, LLC and Continental Casualty Company 03/06/2012
Summary affirmance – no error in commission’s finding that appellant failed to prove a left leg condition was a compensable consequence of a right leg injury
2357114 Charles Adams v. Virginia Employment Commission 03/06/2012
Summary affirmance – appellant failed to comply with several Rules of Court and Court finds those defects to be significant and will not consider appellant’s arguments; appellant does not actually challenge trial court’s jurisdiction finding which was subject of order appellant appealed to this Court
0052112 Petersburg Hospital Company, LLC, etc. v. Karen Remley, M.D., etc., et al. 02/28/2012
Trial court did not err in affirming Commissioner’s denial of appellant’s application for a Certificate of Public Need to establish an open heart surgery service at its hospital
0902104 Xavier Jammal Pinckney v. Commonwealth of Virginia 02/28/2012
Trial court did not err in refusing to suppress appellant’s statements and evidence obtained based upon those statements as appellant was not in custody for purposes of Miranda; appellant’s convictions are affirmed
1602114 Tiffany Saroyce Johnson v. Arlington County Department of Human Services 02/28/2012
Summary affirmance – judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant’s arguments are barred by Rule 5A:18
1943112 Katy Callender v. Petersburg Department of Social Services 02/28/2012
Trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to her child where it proved appellant was unlikely to eliminate conditions leading to child’s neglect and that termination was in child’s best interest
2423104 James Allen Spain v Commonwealth of Virginia 02/28/2012
Trial court did not err in finding evidence was sufficient to support conviction of grand larceny by embezzlement where it proved appellant received vehicle jointly with his wife; appellant’s arguments regarding whether trial court should have declared mistrial on its own motion and denial of motion to set aside verdict barred by Rule 5A:18
0345114 Raymond Y. Shetzline v. Rachel Shetzline 02/21/2012
Appeal dismissed without prejudice where order appealed from is neither a final order nor an appealable interlocutory order
0550112 Susan A. Wilson, a/k/a Susan A. Jones v. Commonwealth of Virginia 02/14/2012
No error in jury’s finding that evidence was sufficient to support appellant’s convictions of two counts of unlawfully obtaining documents from the DMV and one count of grand larceny
1355112 David Michael Robinson Woods v. Henrico (County of) Division of Fire 02/14/2012
Commission did not err in finding that appellee met its burden to overcome the Code § 65.2-402 presumption as it applied to appellant’s hypertrophic cardiomyopathy, and the denial of benefits is affirmed
1476114 Tina Marie Franklin v. James Howard Franklin 02/14/2012
Summary affirmance – appellant failed to file a transcript or written statement of facts of the May 2011 hearing which is indispensable to determination of issues raised on appeal
1705114 Faye Ferrell v. Alexandria Department of Community and Human Services 02/14/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1839112 Richard Robinson v. David Everett, Inc. and State Farm Fire & Casualty Company 02/14/2012
Summary affirmance – commission did not err in refusing to consider new medical evidence not presented to deputy commissioner as it was not newly discovered evidence, in finding appellant unjustifiably refused light-duty work and failed to market his residual work capacity, and in finding appellant was not denied due process
1567113 Amanda M. Sutton v. Shenandoah Valley Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence proved termination was in child’s best interest
1609112 David’s Towing & Recovery, Inc. et al. v. Larry Newcomb 02/07/2012
No error in commission’s entry of a supplemental award in favor of appellee for permanent partial disability benefits on account of an additional loss of use of appellee’s right hand
1623112 Alexi Saunders v. Richmond Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(1) and (C)(2) and appellee investigated possible relative placements
1647112 County of Henrico v. John O. Henry 02/07/2012
No error in commission’s findings that appellee’s disc injury was causally related to his work-related accident and that medical treatment rendered by doctor to whom he was referred was authorized
1661112 John O. Henry v. County of Henrico 02/07/2012
Commission did not err in finding a lack of a causal connection between appellant’s depression and his work-related accident
1671112 Zachariah Harden, Sr. v. Richmond Department of Social Services 02/07/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(1) and (C)(2) and appellee investigated possible relative placements
1742113 Commonwealth of Virginia v. Robert Allen Hicks 02/07/2012
Trial court erred in granting appellee’s motion to suppress where there was probable cause to arrest appellee
2073112 VCU Health System Authority v. Sherry Brown 02/07/2012
Summary affirmance – no error in commission’s finding that appellee sustained a compensable injury by accident
0532112 Harold Turnbull, s/k/a Harold C. Turnbull v. County of Spotsylvania 01/31/2012
Judgment of trial court affirmed where appellant’s argument that trial court erred in using Code § 19.2-358 to impose a punishment upon him for failure to pay fines when he was convicted of infractions, not criminal offenses, waived under Rule 5A:8(b)(4)(ii)
1686111 Dorothy Maria Stilley v. Newport News Department of Human Services 01/31/2012
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where clear and convincing evidence proved termination was in child’s best interest
2632102 Xavier Jamal Hargrove v. Commonwealth of Virginia 01/31/2012
Trial court did not err in denying motion to suppress where it found officer had reasonable, articulable suspicion that appellant was engaged in criminal activity
0106114 Kevin D. Jones v. Brenda F. Moody-Jones 01/24/2012
Trial court did not err in denying appellant’s motion to modify spousal support and custody/visitation where appellant failed to demonstrate a material change in circumstances or that modifying custody and visitation was in child’s best interest
0168114 Shereen Jaouni v. Said Samir Ibrahim Salah 01/24/2012
Judgment of trial court refusing to award a protective award for appellant’s daughter and awarding appellee attorney’s fees affirmed in part, reversed in part, and remanded to trial court
0378114 Shereen Jaouni v. Said Samir Ibrahim Salah 01/24/2012
Judgment of trial court refusing to award a protective award for appellant’s daughter and awarding appellee attorney’s fees affirmed in part, reversed in part, and remanded to trial court
0744114 Jamie Lee Dovell v. Coffeewood Correctional Center/Commonwealth of Virginia 01/24/2012
Commission erred in using a “stairs” analysis to find that appellant’s injury did not arise out of his employment
0932114 Brent C. Bousman v. Caitlin K. Lhommedieu 01/24/2012
No error in trial court’s order requiring appellant, pursuant to the parties’ “Stipulation of Agreement” to pay one-half of the cost of parties’ son’s college expenses
1369113 Raymond Edward Sheffield v. Karen Kime Sheffield 01/24/2012
Summary affirmance – no error in divorce decree awarding spousal support to appellee for an undefined duration or in equitable distribution of parties’ assets
1851112 American Hospice Management Holdings, L.L.C. et al. v. Julia Ann Piggott 01/24/2012
Summary affirmance – commission did not err in ordering appellants to authorize surgery requested by appellee
0079112 Kevin A. Cunningham, s/k/a Kevin Antonio Cunningham v. Commonwealth of Virginia 01/17/2012
Trial court erred in admitting improper impeachment evidence and error was not harmless because the jury’s assessment of appellant’s credibility was critical to his defense; convictions reversed and remanded to trial court for new trial
0244112 Nasir Goode v. Commonwealth of Virginia 01/17/2012
Trial court did not err in denying appellant’s motion for a mistrial and for recusal based on his claim of an improper remark made by the prosecutor during appellant’s revocation hearing where trial judge said he did not consider the remark in making his decision
1104111 Janice Kent v. Virginia Beach Department of Human Services 01/17/2012
Summary affirmance – trial court did not err in finding clear and convincing evidence supported termination of appellant’s parental rights to her children
1690112 Robert A. Blackwell v. Commonwealth of Virginia 01/17/2012
Appellant’s argument regarding sufficiency of evidence to support burglary while armed and use of a firearm in commission of breaking and entering convictions barred by Rule 5A:18 and the ends of justice exception does not apply
1752114 Rugo Stone, LLC and Insurance Company of the State of PA v. Andres A. Diaz 01/17/2012
Summary affirmance – no error in commission’s finding that appellee sustained a change in condition with respect to his back injury and was disabled and that he adequately marketed his residual earning capacity
2422104 Gerald Jermaine Pearson v. Commonwealth of Virginia 01/17/2012
Appellant’s conviction of trespassing under city code section affirmed where appellant lacks standing for a facial challenge to constitutionality of statute, the as-applied constitutional challenge is barred by Rule 5A:12, city code section is not invalid under Dillon Rule, and evidence supported conviction
1023114 Joseph P. Craven v. Deena S. Williamson 01/10/2012
No error in trial court’s order denying appellant visitation with his children for month of August
1053114 Michael Starr Hopkins, Sr. v. RDA, Inc., et al. 01/10/2012
No error in commission’s finding that appellant was not entitled to permanent and total disability benefits where appellant’s evidence failed to prove appellant was totally and permanently disabled
0220114 Kyle August Dawson v. Commonwealth of Virginia 12/28/2011
No reversible error in trial court’s refusal to specifically instruct jury on definition of proximate cause where jury had ample evidence to rely upon in determining that Commonwealth met its burden in proving elements of offense of leaving the scene of an accident
1083114 Jose Gregorio Romero v. Alexandria Department of Human Services 12/28/2011
Trial court did not err in terminating appellant’s parental rights to his child after finding that relative placement was not appropriate
1444111 Juliet Wright v. James City County 12/28/2011
Summary affirmance – no error in commission’s findings that appellant’s claims for an injury by accident and for an occupational disease are barred by statute of limitations and that appellant failed to prove a compensable injury by accident or that she was suffering from an occupational disease
0042111 David Lorenzo Nicholson v. Commonwealth of Virginia 12/20/2011
Trial court did not err in finding that evidence was sufficient to support conviction of taking indecent liberties with a child while in a custodial relationship or in revoking appellant’s prior suspended sentence and running sentences consecutively
0790114 Mark A. Windsor v. Loomis Fargo & Company, et al. 12/20/2011
No error in commission’s finding that it was appellant’s burden to establish a new period of temporary total disability after appellant’s temporary total disability award had been previously terminated after appellant returned to light-duty work and appellant did not seek review of that decision before full commission
1012111 Thomas Copeland v. Newport News Department of Social Services 12/20/2011
No error in trial court’s finding that sufficient supported termination of appellant’s parental rights to his child under Code § 16.1-283(C)
1038111 Riverside Regional Medical Center, et al. v. Linda Callison-Haas 12/20/2011
Commission erred in relying on a tentatively stated medical opinion, based on an inconsistent history, that appellee’s right knee medial meniscus tear was incurred when she suffered her work-related injury
1658102 Sean Cook v. Commonwealth of Virginia 12/20/2011
Trial court did not err in finding evidence was sufficient to prove appellant acted with malice when he assaulted victim and beat him repeatedly with butt end of a pistol; convictions of malicious wounding and use of a firearm in commission of felony affirmed
1944104 Bryan B. Brittain v. April J. Brittain 12/20/2011
Summary affirmance – trial court did not err in granting appellee’s motion to strike appellant’s petition to modify custody where appellant did not prove a material change in circumstances
2394104 J. David Pratt v. Morgan Patricia Pratt 12/20/2011
Trial court erred in classifying parties’ residence, a vehicle, and Oppenheimer Value Fund as marital property
0828114 Christian Urias v. Winkler’s, Inc., et al. 12/13/2011
No error in commission’s decision to terminate appellant’s benefits based on a release to pre injury work or in its decision denying benefits from a change in condition on the ground that he failed to prove adequate marketing of his residual capacity
1060113 Karen A. Breeden v. Preston L. Breeden 12/13/2011
Judgment of trial court divorcing parties and incorporating a property settlement agreement into order affirmed where appellant failed to provide a transcript or written statement of facts and transcript or written statement of facts is necessary for determination of issues raised
1404113 Lawrence P. Flaig v. Virginia Employment Commission, et al. 12/13/2011
Summary affirmance – no error in finding that appellant’s misconduct disqualified him from receiving unemployment benefits
1494111 Terra Firma, LLC v. Robert T. Sexton 12/13/2011
Summary affirmance – No error in commission’s finding that appellee suffered a compensable work injury
1500111 Uninsured Employer’s Fund v. Robert T. Sexton 12/13/2011
Summary affirmance – No error in commission’s finding that appellee suffered a compensable work injury
1893103 Jason Troy Pritchard v. Commonwealth of Virginia 12/13/2011
Appellant’s convictions of assault and battery of a law enforcement officer and resisting arrest affirmed where violent nature of appellant’s conduct and continued determination to defy officers provided exigent circumstances justifying officers’ warrantless entry into his home and he was not entitled to resist a lawful arrest
2400103 Robert Bill Krebs, Jr. v. Commonwealth of Virginia 12/13/2011
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause based on his detection of the odor of marijuana and an independent source existed for the search of appellant’s residence and evidence seized would have been inevitably found during a search incident to arrest
0886114 Harriet Puller, Widow, on Behalf of the Estate of John A. Puller v. Fairfax (County of) School Board 12/06/2011
No error in commission’s finding that the presumption that decedent died of work-related causes did not apply or in its finding that the decedent’s death did not arise out of his employment
0905112 Hosam Ibrahim Dajani v. Dawn Lynell Dajani 12/06/2011
Summary affirmance – no error in trial court’s order awarding sole legal and physical custody of parties’ child to appellee or in its award of attorney’s fees to appellee
1132112 Miller & Long, Inc., et al. v. Lamont James Knight 12/06/2011
No error in commission’s finding that the left fibular fracture suffered by appellee was a compensable consequence of his work-related injury
1195101 Leslie Neal Saunders v. Commonwealth of Virginia 12/06/2011
Trial court did not err in finding evidence was sufficient to establish beyond reasonable doubt that appellant clearly possessed explosive materials; trial court did not err in denying appellant’s motion to dismiss felony offenses on double jeopardy grounds
1537102 Jamar D. Street v. Commonwealth of Virginia 12/06/2011
Trial court erred in convicting appellant of possession of a firearm by a convicted felon where the evidence failed to show object he possessed was designed, made, and intended to expel a projectile by means of an explosion within meaning of Code § 18.2-308.2
1548103 Allen Edward Wood v. Commonwealth of Virginia 12/06/2011
Trial court did not err in finding evidence was sufficient to convict appellant of driving after having been declared an habitual offender where it could conclude appellant’s status as an habitual offender remained in effect at the time of appellant’s arrest
0044111 Maria C. McKinnon v. Commonwealth of Virginia 11/29/2011
Appellant’s issue of whether evidence was sufficient to support her conviction of misdemeanor child neglect and her contention that misdemeanor child neglect is not a lesser-included offense of felony child neglect, with which she was charged, are barred by Rule 5A:18
0108111 Henry Clay Tiggs v. Commonwealth of Virginia 11/29/2011
No error in trial court’s finding that evidence was sufficient to prove appellant attempted to commit prescription fraud
0155111 Samuel Thomas Pettit, Jr. v. Commonwealth of Virginia 11/29/2011
Trial court did not err in finding evidence was sufficient to support appellant’s conviction of obtaining money by false pretenses where it proved appellant’s intent to defraud and his use of false pretenses to obtain money from victim
0344114 Heather Brooke Garner, f/k/a Heather Brooke Ruckman v. Mitchell Scott Ruckman 11/29/2011
Trial court erred in granting appellee’s motion to strike where appellant presented sufficient evidence to prove a prima facie case that relocation was in child’s best interests; matter remanded to trial court
0350112 Carldine Preston Cheatham v. Commonwealth of Virginia 11/29/2011
Trial court erred in finding evidence was sufficient to support appellant’s conviction of robbery where nothing proved appellant took the property of another; conviction reversed and dismissed
0605101 Kegan Michael Bilger v. Commonwealth of Virginia 11/29/2011
No error in trial court’s finding that totality of evidence supported beyond a reasonable doubt that appellant was driving under the influence of alcohol when he overturned his vehicle
0715113 John Raymond Williams v. Commonwealth of Virginia 11/29/2011
Trial court erred in refusing to grant appellant’s request for a jury trial made on the day of trial where appellant never waived his right to a jury trial; matter remanded to trial court for a new trial
0823101 Dirk Williams v. Commonwealth of Virginia 11/29/2011
Judgment of trial court affirmed where trial court lost jurisdiction to consider motion to vacate as no order suspending or vacating final convictions was entered within 21 days pursuant to Rule 1:1 and where no notice of appeal was filed to August 13, 2010 order which constituted an independent action
0938113 Crystal D. Birchfield v. Scott County Department of Social Services 11/29/2011
Trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1 283(C)(2)
0940113 Robert Kenneth Birchfield v. Scott County Department of Social Services 11/29/2011
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1 283(C)(2)
1416113 Derril Wayne Watkins v. J. B. Hunt Transport, Inc. et al. 11/29/2011
Summary affirmance – no error in commission’s finding that appellant’s claim was barred by statute of limitations
2479102 William Crisson Thornton v. Commonwealth of Virginia 11/29/2011
Trial court did not err in finding evidence was sufficient to prove appellant constructively possessed the methadone found in his vehicle
0324112 Cornelius Leon Baker v. Commonwealth of Virginia 11/22/2011
Trial court did not err in denying appellant’s motion to suppress where facts known to officers at time of the traffic stop were sufficient to justify the stop and constituted reasonable articulable facts of criminal activity; evidence was sufficient to support convictions of breaking and entering, vandalism, and possession of burglary tools
0633112 Christine Coleman v. Peter Richard Coleman 11/22/2011
Trial court did not err in imputing income to appellant; trial court erred in its application of Code § 20-107.1(F), spousal support award reversed and matter remanded to trial court for reconsideration
0648112 Philip Morris USA, Inc. v. James E. Blankenship 11/22/2011
No error in commission’s award of benefits to appellee where it found appellee’s ongoing back injury remained causally related to his work injury
0667112 James E. Blankenship v. Philip Morris USA, Inc. 11/22/2011
Appeal dismissed as moot
0672113 Razieh Makoui v. Cyrus Makoui 11/22/2011
Trial court’s property distribution and spousal support awards affirmed where it found the parties’ premarital agreement was enforceable under Code § 20-151
2478102 Julian Earl Cosely v. Commonwealth of Virginia 11/22/2011
Appellant’s conviction of forcible sodomy affirmed where we conclude the ends of justice exception to Rule 5A:18 is inapplicable
2570102 David Hinote, s/k/a David Troy Hinote v. Commonwealth of Virginia 11/22/2011
Appellant’s convictions of obtaining goods by false pretenses and conspiracy to commit a felony reversed and final judgment entered dismissing indictments where evidence was insufficient to prove the intent to defraud
0180114 Teresa Gibson v. Eleanor Kappel and Eugene Kappel 11/15/2011
Trial court did not err in granting sole legal and physical custody of appellant’s daughter to appellees where it found best interests of child would be served by awarding custody to appellees
0642113 George Nicholas Pacot, III v. Vickie Yeatts Pacot 11/15/2011
Trial court erred in finding appellee proved appellant’s company was transmuted to hybrid property; equitable distribution and spousal support awards reversed and remanded to trial court for reconsideration and refashioning
1543102 Gregory Lamont Lewis v. Commonwealth of Virginia 11/15/2011
Trial court did not err in denying appellant’s motion to suppress where appellant was not seized before the police had probable cause to arrest appellant
1765102 Darian G. Pleasant, s/k/a Darian Glendon Pleasant v. Commonwealth of Virginia 11/15/2011
Trial court did not err in admitting statement made by appellant or in finding appellant was aware of nature and character of drugs located in vehicle, that they were subject to his dominion and control, and that he intended to distribute the drugs
1942101 Jason Ryan King v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that evidence was sufficient to prove appellant acted with malice when he beat the victim
1970104 Antonio Bueno Rodriguez, s/k/a Antonio Bueno-Rodriguez v. Commonwealth of Virginia 11/15/2011
Appellant’s arguments regarding trial court’s decision to overrule his hearsay objection during officer’s testimony and the trial court’s denial of his motions to strike waived for appellant’s failure to adhere to Rule 5A:20(e)
2036102 Bryan Antoine Green v. Commonwealth of Virginia 11/15/2011
Appellant’s argument regarding trial court’s refusal to allow him to cross-examine an officer about the criminal record for firearm possession by a possible suspect barred by Rule 5A:18; trial court did not err in finding evidence was sufficient to prove killing was willful, deliberate and premeditated
2223101 Frederick Edward Mitchell v. Commonwealth of Virginia 11/15/2011
Trial court did not err in admitting bank supervisor’s testimony about the credit union’s computer records pursuant to the business records exception to the hearsay rule
2262104 Mildred Baldwin v. Commonwealth of Virginia 11/15/2011
No error in trial court’s finding that venue was proper in Alexandria for charges of credit card theft and credit card fraud where appellant took the credit card with the intent to use it for personal purposes from her employer in Alexandria
0028111 Darius Keith Chittum v. Deana Marie Hippenstiel and Mark John Hippenstiel 11/08/2011
Summary affirmance – trial court did not err in granting adoption petition
0184111 Steven Paul Carlstrom v. Commonwealth of Virginia 11/08/2011
No error in appellant’s conviction or robbery where evidence was sufficient to prove appellant had intent to steal at the time the violence occurred
0264114 Vinod Vijay Jonathan v. Shireen Joanna Jonathan 11/08/2011
Summary affirmance – trial court’s order regarding child support affirmed
0693114 Vinod Vijay Jonathan v. Shireen Joanna Jonathan 11/08/2011
Summary affirmance – trial court’s order regarding child support affirmed
0919102 William Edward Tuma v. Commonwealth of Virginia 11/08/2011
Trial court erred in denying appellant’s motion for a new trial where Commonwealth failed to provide to appellant actual tape of victim’s statement; appellant’s convictions of taking indecent liberties with a child, aggravated sexual battery, and animate objection penetration reversed and remanded
1034113 Javier Avila-Rivera v. Excel Masonry, Inc. and State Farm Fire and Casualty Company 11/08/2011
No error in commission’s denial of benefits after finding that appellant unjustifiably refused selective employment
1424102 David James Proffitt v. Commonwealth of Virginia 11/08/2011
No error in appellant’s conviction of driving under the influence where trial court applied the appropriate probable cause standard and found officer had probable cause to arrest appellant
1877102 Christopher Morris Gates v. Commonwealth of Virginia 11/08/2011
Trial court did not err in denying appellant’s motion to suppress where detention and pat down of appellant were supported by reasonable, articulable suspicion that criminal activity was afoot and appellant was armed and dangerous and officer had probable cause to search appellant for contraband
1903104 Pastor Armando Guerrero-Giron v. Commonwealth of Virginia 11/08/2011
Appellant’s conviction of malicious wounding affirmed where trial court did not err in refusing to allow appellant to question a witness as to the exact penalty he was facing for his crimes, in admitting a BB gun and two baseball bats, in admitting appellant’s statements regarding his gang activity, or in refusing to suppress his statement
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality, et al. 11/08/2011
Upon a Rehearing – stay of Court’s August 2, 2011 mandate lifted and panel opinion affirming judgment of trial court in part and reversing and remanding in part reinstated
2116103 James Paul Desper v. Commonwealth of Virginia 11/08/2011
No error in appellant’s convictions of rape where evidence was sufficient to prove penetration and complaining witness’ mental incapacity and appellant’s knowledge thereof; conviction of forcible sodomy reversed and dismissed where evidence was insufficient to prove penetration
2355101 Calvin Terrell Cooper v. Commonwealth of Virginia 11/08/2011
No error in trial court’s finding that officer did not exceed scope of a limited detention by placing handcuffs on appellant, precluding appellant from using force to resist the officer’s limited detention
0068112 Selena Gudino v. Dennis Gudino 11/01/2011
Trial court did not err in awarding primary physical custody of parties’ children to appellee, in reappointing the custody evaluator and the guardian ad litem for the children, or in ordering appellant to pay one-half of the guardian ad litem fee, the entire cost of an independent evaluator, and the costs associated with her visitation with the children
0297113 Timothy Shawn Daugherty v. Commonwealth of Virginia 11/01/2011
Appellant’s sentence on the fail to appear conviction reversed where it exceeded the statutory ten-day maximum; remanded to trial court for a new sentence not to exceed a term of ten days
1244114 Anthony Lawrence Falcone v. The Washington Post 11/01/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to any award of permanent partial disability due to a 2008 injury to his right shoulder
1473101 Michael Robert Eiseman v. Sarah Cunningham Beaudoin and Thomas David Beaudoin, Jr. 11/01/2011
Summary affirmance – trial court did not err in granting appellees’ petition for adoption where it found adoption was in best interests of child
2007104 Mark Henry Craig v. Commonwealth of Virginia 11/01/2011
Appellant validly waived his right to appeal order of restitution and expressly agreed to pay any amount ordered by the court within cap set by plea agreement
2584103 Destiny Grace Gordon v. Commonwealth of Virginia 11/01/2011
Appellant’s conviction of petit larceny affirmed where appellant made the tactical decision to withdraw her appeal and as she voluntarily withdrew her appeal, she cannot now claim the trial court forced her to take any action
0117111 Christopher John Duva v. Karen Denise Duva 10/25/2011
No error in trial court’s equitable distribution and spousal support award to appellee
0889114 Clever Risco v. Virginia Employment Commission and Environamics 10/25/2011
Summary affirmance – trial court did not err in affirming commission’s decision that appellant was disqualified from unemployment compensation due to misconduct associated with work and that appellant received a fair and impartial hearing
0081111 Cheryl Y. Parris v. Natasha Doctor and Harrivon S. Carpenter 10/18/2011
Trial court did not err in finding Virginia did not have exclusive, continuing jurisdiction or in finding Virginia was an inconvenient forum under the UCCJEA
1430102 Bernard Lamont Ruth v. Commonwealth of Virginia 10/18/2011
Trial court erred in finding evidence was sufficient to prove appellant concealed the weapon about his person when he hid it under a rain catch and walked away and weapon was no longer accessible to him; conviction of carrying a concealed weapon, second offense, reversed and dismissed
1499101 Tinesha L. Bert v. Commonwealth of Virginia 10/18/2011
Conviction of fraudulent conversion or removal of leased personal property reversed and dismissed where evidence proved appellant breached her lease agreement but failed to prove beyond a reasonable doubt the requisite fraudulent intent to defraud
1999101 Tiffany Anne Huber v. Commonwealth of Virginia 10/18/2011
No error in trial court’s finding that evidence was sufficient to prove appellant intended to inflict physical harm on officer; conviction of attempted assault and battery of a law enforcement officer affirmed
0088114 Particia (Tricia) Kelly Tharp v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying request to provide victim with a translator during his testimony where trial court reasonably concluded there was no indication that victim did not speak or understand English
0558102 Judy Denise Wright v. Commonwealth of Virginia 10/11/2011
No error in appellant’s conviction of felony child neglect under Code § 18.2-371.1(A) where jury could conclude appellant committed a “willful act or omission” and could conclude that her conduct was knowing, voluntary, and without justifiable excuse
0948101 Anthony Joseph Crosen v. Commonwealth of Virginia 10/11/2011
Trial court did not err in denying appellant’s motion to suppress evidence of marijuana found during a search of appellant’s residence and his subsequent statements where evidence proved appellant gave valid consent for the officers to search his residence
1571101 John L. Harnois, Sr. v. Sara F. Riley-Harnois 10/11/2011
Summary affirmance – no error in trial court’s rulings regarding parties’ divorce and equitable distribution
1822102 Ardie Corneilus Flowers, Jr. v. Commonwealth of Virginia 10/11/2011
Trial court did not err in rejecting appellant’s plea of self-defense where appellant used excessive force to defend himself and evidence supported convictions of voluntary manslaughter and unlawful wounding
2008104 Michael Angelo Lamberti v. Commonwealth of Virginia 10/11/2011
No reversible error in trial court’s ruling that refused to allow results from victim’s blood alcohol test into evidence or allowing expert to testify about those results where admission of those results would not have caused jury to reach a different result
2465101 Victor Campos v. Charles Hinsch 10/11/2011
Appellant’s issue regarding whether trial court erred in denying his request for a continuance of the adoption proceeding to permit him to be present at a later date not addressed where appellant failed to file a transcript or statement of facts and a transcript or statement of facts is indispensable to issue raised
0208113 Wythe County Community Hospital and Travelers Indemnity Company of America v. Donna Turpin 10/04/2011
No error in commission’s finding that appellee was entitled to medical benefits where her injuries arose out of her employment
1066112 Fredericksburg Auto Auction and Broadspire Services, Inc. v. Diana Grogan 10/04/2011
Summary affirmance – no error in commission’s finding that appellee’s left shoulder surgery was causally related to the compensable accident and that appellants were responsible for the cost of this medical treatment
1659101 Brian Paul Engel v. Commonwealth of Virginia 10/04/2011
Trial court did not err in finding evidence was sufficient to prove appellant intended to assault the officer when appellant threw a liquid mixture at an inmate when the victim stood only three feet away and a natural and probable consequence of the act was to also spray the officer
1815101 Lawrence Wesley Roberts v. Commonwealth of Virginia 10/04/2011
Trial court did not err in denying appellant’s motion to suppress where officers had probable cause to believe appellant was operating a vehicle with an altered or fraudulent license plate or decal which justified his arrest and subsequent search; evidence was insufficient to prove appellant was guilty of obstruction of justice
2215102 Horace Vernon Henderson, Sr. v. Commonwealth of Virginia 10/04/2011
No error in appellant’s conviction of possession of a firearm after having been convicted of a felony where the circumstantial evidence was sufficient to support jury’s finding that appellant possessed the firearm on the date in question
2627102 Tyrone Jhurilal, s/k/a Tyrone Thane Jhurilal v. Commonwealth of Virginia 10/04/2011
No error in trial court’s finding that evidence was sufficient to determine appellant possessed marijuana when he entered Virginia and all reasonable hypotheses of innocence were excluded; conviction of transporting five or more pounds of marijuana into the Commonwealth affirmed
2675102 Mohammed Hossein Ranjbar v. Maria Zegarra Ranjbar 10/04/2011
Trial court’s order regarding equitable distribution and spousal support affirmed in part, reversed in part, and remanded to trial court for further proceedings
0617103 Thomas William Stone, Sr. v. Commonwealth of Virginia 09/27/2011
Appellant’s arguments regarding the trial court’s denial of his motion to withdraw his nolo contendere plea barred by Rule 5A:18
0772111 Lance Spurrier v. Anthony Conyers, Commissioner Virginia Department of Social Services 09/27/2011
Summary affirmance – no error in trial court’s order finding there was substantial evidence in agency record to uphold a founded disposition of sexual abuse
0981114 D & C Metal, Inc. and FirstComp Insurance Company v. Elvin Steven Betanco 09/27/2011
Summary affirmance – no error in commission’s decision that appellee was totally disabled beginning September 16, 2009 and had not suffered an intervening accident in March 2009
1039111 Centurum, Inc. and Federal Insurance Company v. George W. Towe 09/27/2011
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee
1057112 Charles L. Brown v. VSE Corporation and Traveler’s Property & Casualty Company of America 09/27/2011
Summary affirmance – no error in commission’s finding that appellant’s reflex sympathetic dystrophy was not a compensable consequence of his work accident
1059113 Lantz Construction Company and Cincinnati Insurance Company v. Michael Adams 09/27/2011
Summary affirmance – no error in commission’s award of temporary total disability benefits to appellee
1076111 U R S Corporation and Insurance Company of the State of Pennsylvania v. Jeffrey Wayne Hailey 09/27/2011
Summary affirmance – no error in commission’s finding that after a work-related injury by accident in 2008, appellee adequately marketed his residual work capacity from May 3, 2010 forward
1727103 Antonio Eugene Palmer v. Commonwealth of Virginia 09/27/2011
As a trial transcript or statement of facts is indispensable to appellant’s issue regarding sufficiency of evidence to support convictions of eluding a law enforcement officer and driving on a revoked license and neither was provided on appeal, appellant’s convictions affirmed
1852101 John L. Harnois, Sr. v. Commonwealth of Virginia 09/27/2011
Summary affirmance – no error in trial court’s order denying appellant’s “Petition to Void Orders and Convictions Therefrom”
1986103 Thomas L. Switzer v. Paula Fridley, Samuel Smith, Jodi Smith, William Switzer and Carleen Switzer 09/27/2011
Summary affirmance – no error in trial court’s rulings addressing appellant’s numerous motions, pleadings, petitions, and other documents filed by appellant from October 2009 until August 2010
2657101 Nathaniel Mitchell, Jr. v. Commonwealth of Virginia 09/27/2011
Trial court did not err in denying motion to suppress where fifteen-minute detention for arrival of drug dog did not violate Fourth Amendment and stop was based on suspicion that appellant possessed drugs
0946101 William Bill Clark v. Commonwealth of Virginia 09/20/2011
Trial court did not err in denying appellant’s motion to suppress where evidence was sufficient to support finding that police developed reasonable suspicion for the detention and then probable cause for appellant’s arrest
1771101 Tigee Eugene Miles v. Commonwealth of Virginia 09/20/2011
Trial court did not err in finding evidence was sufficient to prove appellant conspired with a third party to distribute cocaine to the buyer and in resolving inconsistencies in the witnesses’ testimony in favor of the Commonwealth
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality, et al. 09/20/2011
Petition for rehearing granted
2376091 Edwin Miller v. Commonwealth of Virginia 09/20/2011
Appellant’s issues regarding whether trial court erred in admitting into evidence a summary of information from the victims’ medical records and in informing the jury that the summary was an agreed stipulation despite appellant’s objection to the admission of the stipulation barred by Rule 5A:18
0783113 Commonwealth of Virginia v. Aaron Matthew Floyd 09/13/2011
Trial court erred in granting appellee’s motion to suppress certain statements he made where appellee was not in custody when officer questioned him and officer was not required to provide Miranda warnings before questioning him
0820113 Wiseman Enterprises, Inc. and Sedgwick Claims Management Services, Inc. v. Martin Baez-Flores 09/13/2011
Summary affirmance - commission did not err in finding that appellee’s injury was causally related to the industrial accident and in awarding temporary total disability benefits
0472113 Neketia Jackson v. Lynchburg Department of Social Services 09/06/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where clear and convincing evidence proved termination was in best interests of children and appellant had been unable within a reasonable period of time to remedy conditions that led to foster care placement of children
0473113 Rodney Spradley v. Lynchburg Department of Social Services 09/06/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved termination was in best interests of children and appellant had been unable within a reasonable period of time to remedy conditions that led to foster care placement of children
0559113 Frank James Moorefield, Jr. v. Boxco, Inc. and Erie Insurance Exchange 08/30/2011
Summary affirmance – commission did not err in finding appellant’s injuries were not causally related to his employment and the assault was personal in nature
0872114 Allied Waste Industries, Inc. and Zurich American Insurance Company v. James Ashby 08/30/2011
Summary affirmance – no error in commission’s finding that appellee’s claim was not barred by willful misconduct
1052112 Alice M. Deane v. Marshalls, Inc. and American Casualty Company of Reading, Pennsylvania 08/30/2011
Summary affirmance – commission did not err in finding appellant’s claim for benefits for psychological conditions is barred by the doctrine of res judicata
0706112 Commonwealth of Virginia v. David William Bickford 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0707112 Commonwealth of Virginia v. Tracy Ruth Bickford, s/k/a Tracey Bickford 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0708112 Commonwealth of Virginia v. Larry Edward Turner, Jr. 08/29/2011
Trial court erred in granting appellee’s motion to suppress as the issuance of the search warrant rested upon a valid affidavit supporting probable cause; matter remanded to trial court
0671113 Sheetz, Inc. and Fidelity and Guaranty Insurance Company v. Brenda Louise Lloyd Riffey 08/23/2011
Summary affirmance – commission did not err in finding appellee was entitled to temporary total disability benefits and appellants were responsible for treatment by and referrals from appellee’s pain management specialist
0843112 David Anthony Brown v. Charlottesville Department of Social Services 08/23/2011
Trial court did not err in terminating appellant’s parental rights to his child when evidence showed termination was in child’s best interests
1527103 Frank Leo Cox, III v. Commonwealth of Virginia 08/23/2011
Trial court did not err in relying on statutory rebuttable presumption to conclude appellant had the requisite intent to defraud when he presented checks with intent to defraud; evidence was sufficient to support conviction of presenting two or more bad checks for cash
2022101 Ross & Sons Utility Contractor, et al. v. Christopher Samuel Hively 08/23/2011
Upon a Rehearing – commission erred in awarding appellee temporary partial disability benefits where appellee did not prove he adequately marketed his residual work capacity beyond the hours he worked part time; award dismissed
0242111 Commonwealth of Virginia v. William C. Thomas 08/16/2011
Trial court did not err in granting appellee’s motion to suppress cocaine seized during execution of search warrant for appellee’s home where trial court found credibility information of informant was recklessly omitted from affidavit and appellee proved probable cause was lacking
0655114 Christopher Michael Lam v. Town of Lurary Law Enforcement, et al. 08/16/2011
Summary affirmance – commission did not err in denying appellant’s claim for his shoulder injury
0771114 Theresa Anna Nicole Buffington v. Christopher Bates and Audrey Brown 08/16/2011
Summary affirmance – trial court did not err in awarding custody of appellant’s child to appellees
2589104 Marcus Anthony Smalls v. Bell Co. of Rochester and Travelers Indemnity Company of Illinois 08/16/2011
Summary affirmance – commission did not err in denying appellant’s claim for permanent partial disability benefits and payment of medical bills where those claims were barred by res judicata
0357102 Gary Don Castle, Jr. v. Commonwealth of Virginia 08/09/2011
Trial court did not abuse its discretion in revoking appellant’s suspended sentence where it found he violated good behavior condition
0763112 Hilario Hernandez v. Outback Steakhouse and Travelers Indemnity Company of America 08/09/2011
Summary affirmance – commission did not err in finding appellant did not prove his accident arose out of a risk or hazard of his employment, that there was no critical link between a work-related risk and the accident, that appellant was performing a job duty that made his fall more likely, or that there was a slippery substance on floor preceding fall
1481102 Betty J. Campbell v. Harry D. Campbell 08/09/2011
Trial court did not err in refusing to allow appellant to relitigate grounds for divorce, in relying on appellant’s constructive desertion of appellee in dividing marital estate, in finding appellee’s gifts to parties’ children did not constitute marital waste, or in finding appellant was not entitled to any past due support
1629102 Harry D. Campbell v. Betty J. Campbell 08/09/2011
Trial court did not err in classifying business as marital property, in relying on use of marital property as collateral as evidence of transmuting another business to marital property, or in disbelieving appellant’s testimony regarding alleged diminutions in business property
2536102 Homescapes, LTD., et al. v. Stephen Bruce Anderson, Jr. 08/09/2011
No error in commission’s finding that appellants failed to prove appellee unjustifiably refused to cooperate with vocational rehabilitation services
0318102 Todd Keith Wells v. Commonwealth of Virginia 08/02/2011
Trial court did not err in finding that Commonwealth’s Attorney had jurisdiction to prosecute violations of Code § 40.1-29(E) absent involvement of Commissioner, in allowing witness’ testimony or in allowing photocopy of check into evidence; trial court erred in finding “intent to defraud” did not need any further definition
0603112 Steven B. Crouch v. Battlefield Farms, Inc. and Northern Insurance Company of New York 08/02/2011
Summary affirmance – no error in commission’s denial of benefits where it found appellant did not prove an injury by accident resulting from a discernable incident or that appellant proved a distinct onset of symptoms
2082102 The Historic Green Springs, Inc., et al. v. Virginia Department of Environmental Quality et al. 08/02/2011
Trial court did not err in refusing to conduct an evidentiary hearing on matter of standing; trial court erred in sustaining appellees’ demurrer to appellants’ amended petition for appeal
2174102 Fredericksburg Department of Social Services v. Zaskecha Washington 08/02/2011
Trial court did not err in denying appellant’s petitions to terminate appellee’s parental rights to her children where appellant did not meet its burden under Code § 16.1-283
2217102 Hunter Lee, III v. Fredericksburg Department of Social Services 08/02/2011
Trial court did not err in terminating appellant’s parental rights to his two children where appellee proved by clear and convincing evidence that termination was in best interest of children
2596101 Rebecca Lewis v. Stephen Bailey 08/02/2011
Summary affirmance – no error in trial court’s order regarding child support for parties’ children
1315101 Leonard Bell v. Commonwealth of Virginia 07/26/2011
No error in trial court’s finding that evidence was sufficient to prove the value of the money stolen from the victim’s wallet was $200 or more
1381103 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services, etc. 07/26/2011
Judgment of trial court finding appellant in contempt affirmed on all issues except where the trial court modified the 2007 support order retroactive to May 1, 2008
1382103 Timothy M. Barrett v. Commonwealth of Virginia, Department of Social Services, etc. 07/26/2011
Judgment of trial court modifying appellant’s child support obligation affirmed in part and reversed and remanded in part
0551102 Cedric Leonard Cosby v. Commonwealth of Virginia 07/19/2011
Issue raised on appeal of whether trial court erred in revoking two years of his suspended sentence where he was not provided prior written notice trial court would be considering a new law violation at the revocation hearing barred by Rule 5A:18
0561111 Pines Residential Treatment Center and Travelers Indemnity Company of America v. Karen J. Frith 07/19/2011
Summary affirmance – no error in commission’s findings regarding appellee’s ongoing medical treatment
0785103 Brian Anthony Dove v. Commonwealth of Virginia 07/19/2011
Trial court did not err in finding evidence was sufficient to prove appellant stole the victims’ ATV; conviction of grand larceny affirmed
0792102 Richard E. Robinson v. Commonwealth of Virginia 07/19/2011
Appellant’s convictions of three felony counts of dog fighting affirmed where nothing suggests trial court abused its discretion in applying Code § 19.2-266.2 and denying as untimely appellant’s motion to dismiss two of the indictments as violative of his double jeopardy rights made on morning of trial
2692092 Elizabeth Morton Barham v. Commonwealth of Virginia 07/19/2011
Issue raised on appeal of whether trial court erred in holding that it did not have the authority to take a matter under advisement while the appellant fulfilled certain conditions with the understanding that the charge would later be dismissed barred by Rule 5A:18 as that was not the same question asked of trial court
0142114 Dale Warren Dover, Guardian Ad Litem for the Minor Child v. Victoria Walker 07/12/2011
Appeal dismissed where appellant failed to provide a necessary party and/or his counsel with a copy of the notice of appeal and that party did not waive the issue
2314104 John A. Ilg v. United Parcel Service, Inc. and Liberty Insurance Corporation 07/12/2011
Commission did not err in finding that as appellant never sought an award for his hand injury, appellees were not required to take that injury into account in establishing an unjustified refusal to participate in vocational rehabilitation
2357102 Alisa M. Costanzo v. Vincent J. Costanzo 07/12/2011
Trial court erred in finding appellant failed to present sufficient evidence to enable it to determine the issue of spousal support; remanded to trial court for determination based upon existing record
2503101 Joel Lannigan v. Virginia Beach Department of Human Resources 07/12/2011
No error in trial court’s decision to terminate appellant’s parental rights to his child where appellee made reasonable and appropriate efforts to assist appellant but he was not cooperative
0368114 Prince William County School Board and VML Insurance Programs v. Roberta Ann Rother 07/05/2011
Summary affirmance – appellant’s arguments on appeal are without merit
0917101 Daniel David Lucas v. Commonwealth of Virginia 07/05/2011
This Court declines to consider argument raised on brief as it was not raised in appellant’s petition for appeal; judgment affirmed
1395101 Quamar De-Wone Gregory v. Commonwealth of Virginia 07/05/2011
Trial court did not err in permitting hearsay evidence under the adoptive admission exception to the hearsay rule; judgment affirmed
1398101 Shavis Shundale Clark v. Commonwealth of Virginia 07/05/2011
Trial court did not err regarding the motion to suppress; as evidence was sufficient to support appellant’s convictions for possession of cocaine with intent to distribute and for transporting cocaine into the Commonwealth, those convictions are affirmed; as evidence was insufficient to support his conviction for conspiracy to distribute cocaine, that conviction is reversed and dismissed
2209104 William R. Brown v. Cowles Nissan Chrysler and VADA Group Self-Insurance Association 07/05/2011
Summary affirmance – no error in commission’s finding that appellant did not sustain a compensable injury by accident
2256103 Teresa Huffman v. Roanoke City Department of Social Services 07/05/2011
No error in trial court’s order terminating appellant’s residual parental rights to her daughter
2317091 Christopher Harris v. Jeanette Harris 07/05/2011
Trial court abused its discretion in excluding the psychological evaluations of the children; judgment reversed and case remanded
2704104 Alexandra A. Carr v. Timothy B. Carr 07/05/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for clarification without conducting a hearing
0721101 William Travis Newton v. Commonwealth of Virginia 06/28/2011
Appellant’s conviction for participating in a criminal street gang affirmed as the trial court did not abuse its discretion in admitting the Commonwealth’s evidence of prior criminal acts of two other individuals
0763101 Richard Michael Anderson v. Commonwealth of Virginia 06/28/2011
Trial court did not err in not excluding the testimony of the social worker on the ground that the recent complaint rule applies only to the “initial complaint” of the victim; all other arguments raised on appeal are procedurally defaulted; conviction affirmed
1346102 Steven Michael Friel v. Commonwealth of Virginia 06/28/2011
Appellant’s conviction affirmed without reaching the merits of his assignment of error as the record on appeal is not sufficiently complete to allow this Court to review the issue raised on appeal
2202104 Amarquaye Armar v. Adena F. Armar 06/28/2011
Trial court did not err by imputing income to husband in the amount that it did, in its spousal support award, and in ordering appellant to pay for appellee’s expert witness
2361101 Linda McIntyre v. DMHMRSAS Eastern State Hospital/Commonwealth of Virginia 06/28/2011
Commission’s decision reversed and case remanded as employer’s denial of benefits constituted a failure to provide medical care as a matter of law
2721101 Virginia International Terminals and United States Fidelity & Guaranty Company v. John McCarthy 06/28/2011
Commission did not err when it accepted as credible claimant’s testimony regarding how the accident occurred, when it found claimant’s excuse for providing untimely notice to employer reasonable, and when it found that employer had failed to overcome that excuse by showing employer was prejudiced by the delay
0143114 Commonwealth of Virginia v. Charles Matthew Sanford 06/21/2011
Trial court erred in finding officer lacked probable cause to arrest appellant and in suppressing appellant’s statements following his receipt of Miranda warnings; matter remanded to trial court
0476113 Maria R. Ortiz De Cardoso v. Virginia Employment Commission and George's Chicken, LLC 06/21/2011
Summary affirmance – no error in denial of unemployment benefits on ground that appellant left employment voluntarily without good cause
1989104 Shruti Parikh v. Jayesh Parikh 06/21/2011
Trial court's rulings regarding final divorce decree affirmed
2419104 Tamorah Chapman v. Virginia Employment Commission and Department of Treasury 06/21/2011
Summary affirmance – no error in denial of unemployment benefits due to misconduct connected with work
0575101 Donald Joseph Conley v. Commonwealth of Virginia 06/15/2011
Court issues writ of actual innocence and remands matter for sentencing for a driving under the influence second conviction
0146111 Cindy Gaines-Kyttle v. Virginia Tech University (VPI & SU)/Commonwealth of Virginia 06/14/2011
Summary affirmance – no error in commission's finding that appellant failed to prove what injury she suffered in an April 3, 2007 accident and that her ongoing symptoms, disability, and medical treatment were causally related to the accident
0338112 Max E. Monroe v. Richmond (City of) Public Works, et al. 06/14/2011
Summary affirmance – no error in commission's denial of certain medical benefits appellant alleged were related to his compensable workplace injury
1739104 Samina S. Paracha v. Shahid Paracha 06/14/2011
Summary affirmance – trial court did not err in holding appellant in contempt and in declining to hold appellee in contempt
2531104 Dale Warren Dover, Guardian ad litem for the minor children v. Victoria Walker 06/14/2011
Trial court did not abuse its discretion in its credibility and weight determinations and its finding that the required burden of proof to terminate appellee's parental rights to her two oldest children had not been met; argument regarding termination because appellee had committed a barrier crime barred by Rule 5A:18
0003112 Tyhan Tillman v. Halifax County Department of Social Services 06/07/2011
Trial court did not err in terminating appellant’s parental rights to his three children where evidence proved termination was in their best interest
0054113 Brittany N. Haskins v. Lynchburg Department of Social Services 06/07/2011
Summary affirmance – no error in termination of appellant’s parental rights to her children where termination was in their best interest
0102113 Roxanne Potter v. ITT Night Vision and Indemnity Insurance Company of North America 06/07/2011
Summary affirmance – no error in commission’s decision denying benefits
0637101 Kip Antonio Majette v. Commonwealth of Virginia 06/07/2011
Trial court did not err in denying appellant’s motion to suppress statements made to an officer where appellant’s statement failed to meet the legal test for invocation of the right to counsel as the statement was not clear and unequivocal
0866101 Dominion Virginia Power and Dominion Resources, Inc. v. Betty J. Pulley 06/07/2011
Commission erred in failing to properly apply the actual risk test to determine if appellee’s injury arose out of a risk peculiar to her employment rather than a risk common to the neighborhood; remanded to commission for further proceedings
1013101 Richard Hopfer v. Commonwealth of Virginia 06/07/2011
Rule 5A:18 bars appellant’s argument that the trial court erred in finding amount of damage to victims’ property met $1,000 threshold for felony destruction of property; argument that trial court improperly admitted and considered hearsay evidence is barred by Rule 5A:12 where appellant failed to include this specific argument in his assignment of error
1207102 Clyde Jardenza Hill, Jr . v. Commonwealth of Virginia 06/07/2011
Appellant’s convictions of grand larceny and possession of burglarious tool affirmed where trial court did not err in denying appellant’s motion to suppress where officer’s initial encounter with appellant was consensual and subsequent seizure did not violate Fourth Amendment and evidence was sufficient to prove value of stolen items exceeded $200
1733101 Boris James Alston v. Commonwealth of Virginia 06/07/2011
Trial court did not err in finding it did not have jurisdiction to run a sentence imposed in another jurisdiction concurrently with the sentence it imposed in this case; argument on appeal barred by Rule 5A:18 where appellant argues trial court erred in denying his motion to run this sentence concurrently with sentence imposed in other jurisdiction
2121104 Fairfax County School Board v. Michael A. Horgan 06/07/2011
No error in award of benefits to appellee where appellee gave a reasonable excuse for not giving appellant timely notice of his injury and appellant failed to meet its burden to prove prejudice by the delay
2703103 Darryl S. Harris v. Commonwealth of Virginia, Department of Social Services, etc. 06/07/2011
Summary affirmance – trial judge did not err in applying doctrine of unclean hands and denying appellant’s motion to modify his child support obligation where appellant also failed to carry burden of proof as he failed to offer evidence as to his expenses or as to any change in child’s needs
0906104 Jose Alberto Osorio v. Commonwealth of Virginia 05/31/2011
No error in trial court’s decision sustaining the Commonwealth’s Batson challenge to two of appellant’s peremptory strikes where trial court was able to personally observe the challenged jurors and found nothing noteworthy about the behavior of either
1052101 Keith Pernell Chisman v. Commonwealth of Virginia 05/31/2011
No error in trial court's finding that evidence was sufficient to establish appellant unreasonably refused to have a sample of his breath taken for purpose of having its alcohol content analyzed
1259102 Rontel Taylor v. Commonwealth of Virginia 05/31/2011
No reversible error in trial court's decision denying appellant's attempt to elicit testimony from officer concerning the course of his investigation where trial court denied testimony on relevance grounds and appellant argues evidence was admissible because it was not hearsay
0101114 Commonwealth of Virginia v. Maurice D. Gaskins 05/24/2011
Trial court erred in granting appellee’s motion to suppress where officer had reasonable, articulable suspicion to conduct a traffic stop as appellee’s center high mount stop light on his vehicle was defective and warranted further investigation
0119112 Food Lion, LLC and Delhaize America, Inc. v. Steven E. Wheeler 05/24/2011
Summary affirmance – no error in finding that appellee’s injury arose out of and in course of his employment
0373101 James Dillingham v. Commonwealth of Virginia 05/24/2011
No error in trial court’s finding that testimony of victim was credible and that evidence was sufficient to support convictions of forcible sodomy, rape, and abduction with intent to defile
0882101 Food Lion, LLC and Delhaize America, Inc. v. Laura Otey 05/24/2011
No error in commission’s finding that appellee’s shoulder injury was compensable or in its award of benefits to appellee
1072102 Anthony Timothy Green v. Commonwealth of Virginia 05/24/2011
Appellant’s conviction of possession with intent to distribute an imitation Schedule I or II substance affirmed on procedural grounds where appellant’s argument on appeal was never raised in trial court and appellant’s argument at trial was not raised in his assignment of error
1875104 Lolita Renee Howard v. Cost Plus World Market and Federal Insurance Company 05/24/2011
Error in commission’s finding that appellant’s claim for permanent partial disability benefits was not timely filed where parties’ joint stipulation did not operate as an abandonment or waiver of the permanency claim
0120112 Karl V. Wendell, III v. Westmoreland County and VML Insurance Programs 05/17/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to benefits where injury did not arise out of and in course of his employment and he was not on a special errand at time of injury
0123113 Holtzman Corp. and Federated Services Ins. Co. v. Wade Allen Seekford 05/17/2011
Summary affirmance – commission did not err in applying the dissimilar employment rule or in its finding regarding appellee’s employment
0124113 W.R. Deacon & Sons, et al. v. Yvonne Howard Lewis (Widow), etc. 05/17/2011
Summary affirmance – no error in commission’s finding that there was insufficient evidence to determine what the parameters were of an alleged safety rule or that the rule was enforced
0133111 Wendy Ann Clark v. WilcoHess, LLC, et al. 05/17/2011
Summary affirmance – no error in commission’s finding that appellant was not entitled to benefits because she did not sustain an injury by accident
0548101 Sheldon Andre Swilling v. Commonwealth of Virginia 05/17/2011
No error in trial court’s finding that appellant did not act in self-defense when he brandished a firearm
0768101 David Charles Johnson v. Commonwealth of Virginia 05/17/2011
Trial court did not err in denying appellant’s motion to suppress where search of appellant’s vehicle was not unconstitutional; error in trial court’s finding that appellant possessed more than one-half ounce of marijuana but less than five pounds with intent to distribute; remanded to trial court for resentencing on lesser-included offense
1120101 Rusty Eklund v. Rokia Sidabe Eklund 05/17/2011
No error in trial court’s denial of appellant’s motion to modify the entry date of a custody and visitation order from the juvenile court under Code § 8.01-428(C) for lack of jurisdiction
2221104 CVS Virginia Distribution Inc., et al. v. Evelyn Suzette Thompson 05/17/2011
No error in commission’s finding that appellants are responsible for appellee’s medical treatment for her lumbar facet joint syndrome where medical evidence and testimony of her treating physician established a causal connection between the injury and treatment
2542101 Ernest L. McCoy v. EHM Construction, Inc. and Uninsured Employer's Fund 05/17/2011
Summary affirmance – as appellant did not comply with Rule 5A:20(e), we need not consider appellant’s claims
2602103 Crystal Donahue v. Roanoke City Department of Social Services 05/17/2011
Issue of whether trial court erred by entering an “Agreed Order” withdrawing appellant’s appeal of a juvenile court decision changing goal of foster care plan to adoption and terminating her parental rights to her child barred by Rule 5A:18 where appellant and her counsel represented appellant wanted to withdraw her appeal and never objected to entry of order
1719102 Danny Woodrow Wilson v. ACE Hardware Corporation et al. 05/10/2011
Commission did not err in denying appellant benefits for injuries he received as a result a spider bite where appellant failed to prove by a preponderance of the evidence that the injury arose out of his employment
2025102 Steve Budnick v. Murphy-Brown, LLC & ACE American Insurance Co., Inc. 05/10/2011
Commission did not err in declining to exercise jurisdiction where it refused to order appellees to pay hospital that treated appellant because hospital showed a zero balance and no right of appellant was involved
2168103 Sears Roebuck & Company et al. v. Brian Martin 05/10/2011
No error in commission’s finding that appellee suffered a compensable injury by accident arising out of his employment and was entitled to benefits
2339103 Thomas Lee Sowers v. Karen S. Walker 05/10/2011
Summary affirmance – trial court did not err in finding that it lacked jurisdiction to hear appellant’s motions under the UCCJEA
2523091 Allen Jerome Smith, Jr. v. Commonwealth of Virginia 05/10/2011
Trial court did not err in finding evidence was sufficient to support convictions of one count of burglary, two counts of attempted burglary, and two counts of petit larceny
2676102 Virginia Equipment Distributors, Inc. et al. v. Johnny M. Bright, Sr. 05/10/2011
Summary affirmance – no error in commission’s findings that appellee was entitled to benefits for a work injury
1018102 Roderick Williams, Jr. v. Commonwealth of Virginia 05/03/2011
Appellant’s conviction of malicious wounding reversed where trial court found appellant “unluckily” caused felonious injury to victim and appellant’s actions were “malicious with no intent”; remanded for new trial on charge of assault and battery
1060103 Clarence Michael Wiseman, Jr. v. Commonwealth of Virginia 05/03/2011
Trial court did not err in refusing to instruct jury on justifiable homicide where evidence proved appellant was at fault, at least in part, for his conflict with the victim
1124101 Karsten Obed Allen v. Commonwealth of Virginia 05/03/2011
Trial court did not err in denying appellant’s motion to suppress where encounter between appellant and officer was a consensual encounter and not a seizure under the Fourth Amendment
1211103 Ryan Lee Pinnix v. Commonwealth of Virginia 05/03/2011
Trial court did not err in admitting evidence of other bad acts committed by appellant as relevant to the charges for which he was on trial
1700103 Cassandra Zonniece Stone v. Allstate Insurance Company & Fidelity & Guaranty Insurance Company 05/03/2011
No error in commission’s finding that appellant failed to prove her injuries were causally related to a compensable workplace injury; we are without jurisdiction to consider appellant’s claim for punitive damages
1829104 Wayne Walter Frye v. Sharon Lynn Barb Frye 05/03/2011
Trial court did not err in holding unimproved tract of land was not appellant’s separate property; trial court’s finding regarding marital residence reversed and remanded to trial court for further proceedings
1920102 Virginia Department of Corrections v. Celia W. Hodges 05/03/2011
Appellee’s motion to dismiss granted and appeal dismissed without prejudice where orders appealed from are not final orders and are not subject to appeal
2022101 Ross & Sons Utility Contractor, Inc. et al. v. Christopher Samuel Hively 05/03/2011
Petition for Rehearing granted
2120104 Reffat K. Abofreka, M.D. v. Virginia Board of Medicine 05/03/2011
Summary affirmance – no error in trial court’s decision affirming appellee’s decision denying appellant’s petition for reinstatement of his license to practice medicine and surgery in Virginia
2177102 Stephanie Gayle McMillian v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in finding termination was in the best interests of the children and terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
2389102 James Daniel Williams, Jr. v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in changing the goals to adoption and terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
2436102 Stephanie Gayle McMillian v. Chesterfield Department of Social Services 05/03/2011
Summary affirmance – trial court did not err in approving the plans for goals of adoption
2540104 Updike Industries, Inc. and Commerce & Industry Insurance Company v. Anthony Lionell Thacker, III 05/03/2011
Summary affirmance – commission did not err in awarding appellee benefits
2778091 Charles R. Bowser v. Commonwealth of Virginia 05/03/2011
Trial court did not err in finding evidence was sufficient to prove appellant committed a battery against a correctional officer
0813102 Lamone Lewis v. Commonwealth of Virginia 04/26/2011
Trial court erred in finding evidence to support conviction of possession of marijuana with intent to distribute where it failed to prove the marijuana locked in glove compartment of vehicle appellant owned but was not occupying at time of search was subject to his dominion and control and that he was aware of its presence
1157102 David Junior Howell v. Commonwealth of Virginia 04/26/2011
Commonwealth’s motion to dismiss appeal granted where appellant’s contention that he was denied effective assistance of counsel is not cognizable on direct appeal
1711102 Evelyn F. Brown v. Paul C. Josey, Jr. 04/26/2011
Appeal dismissed without prejudice where we lack subject matter jurisdiction to consider the merits of this appeal
2689092 David Grey Jordan, Jr. v. Commonwealth of Virginia 04/26/2011
Appellant’s convictions of stalking, third or subsequent offense and violating a protective order affirmed where trial court did not err in instructing jury that facts relating to prior charge could be considered as evidence of common scheme or plan
3059083 Guy Anthony Banks, Jr. v. Commonwealth of Virginia 04/26/2011
Upon Remand from the Supreme Court of Virginia – trial court erred in granting appellant’s motion to suppress where officers’ need to obtain a jacket for appellant did not constitute an exigency justifying the warrantless seizure
0859104 David Ray Gay v. Commonwealth of Virginia 04/19/2011
Trial court did not abuse its discretion in denying appellant’s two motions for a continuance or in finding evidence was sufficient to support convictions of attempted rape, abduction with intent to defile, and assault and battery
1054102 Tonya Serena Charles v. Commonwealth of Virginia 04/19/2011
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of two counts of uttering bad checks
1710104 Siamak Afsoos v. Ladan Afsoos 04/19/2011
Trial court did not err in valuing stock of appellant’s business, in determining amount of spousal support award to appellee, in requiring appellant to submit to Iranian divorce proceedings pursuant to agreement of parties, or in denying appellant’s motions to reconsider; final decree of divorce affirmed
1902104 Tina Maria Proctor Smith v. County of Arlington and PMA Management Corporation 04/19/2011
No error in commission’s finding that appellant did not suffer a compensable psychological injury by accident
2364103 Dale Gene Lee Lynchburg Division v. Lynchburg Division of Social Services 04/19/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of his children or in placing one child in permanent foster care
2509103 Faith P. Loftin v. City of Lynchburg Department of Social Services 04/19/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her five children
0399104 Sherrie Morgan v. Renee Kifus and David Chowaniec 04/12/2011
Trial court did not err in finding that appellant’s petition for paternity and declaratory relief was barred by res judiciata and in dismissing it where appellant sought to relitigate a prior custody decision
1345104 Atlas Van Lines and Legion Insurance Company v. Edward J. Kerr 04/12/2011
No error in commission’s findings that appellee was entitled to file for temporary partial disability benefits pursuant to Code § 65.2-708, that appellee made reasonable efforts to market his residual capacity, and that appellee suffered a continuing partial disability
1900102 Sherman & Sherman Properties v. Peter L. Long 04/12/2011
No error in commission’s finding that appellee was an employee of appellant and that appellant was an employer of appellee and had three or more employees and was subject to the Act
1940102 Peter L. Long v. Sherman & Sherman Properties and Uninsured Employer's Fund 04/12/2011
No error in commission’s finding that appellant was not entitled to temporary total disability benefits after August 10, 2007
2203104 Starbucks Coffee Co. and American Zurich Ins. Company v. Nathan Merrill 04/12/2011
Commission did not err in awarding appellee temporary total disability benefits
2477101 Kellyn Wilson and Bobby Joe Wilson v. James City County Division of Social Services 04/12/2011
Summary affirmance – trial court did not err in terminating appellants’ parental rights to their children under Code § 16.1-283(C)(2)
2593103 Karilyn Shepherd v. Merillat Industries and Travelers Indemnity Company of America 04/12/2011
Summary affirmance – no error in commission’s finding that appellant failed to prove her carpal tunnel syndrome developed as a result of her employment and not from any other causes
0001101 Saundra Payne Barlow v. Commonwealth of Virginia 04/05/2011
Appellant’s argument regarding sufficiency of evidence barred by Rule 5A:18 where she did not object to admissibility of blood alcohol analysis at trial; trial court was entitled to afford some weight to those results once they were admitted as evidence; conviction of driving under the influence, third offense affirmed
0463104 Jean Paul Enriquez v. Commonwealth of Virginia 04/05/2011
No error in trial court’s finding that evidence was sufficient to support conviction of driving under the influence of alcohol where appellant was “operating” vehicle by having key in ignition and car radio illuminated and playing music
0465092 Freddie W. Robinson, Jr. v. Commonwealth of Virginia 04/05/2011
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of obtaining, or attempting to obtain, at least $200 worth of utility service by fraud
1027104 Abderrahim Naaman v. Sahar Larrazabal 04/05/2011
Judgment of trial court affirmed where appellant failed to provide an adequate appendix to enable Court to address his assignments of error
1570104 Jeremy Antonio Washington v. Commonwealth of Virginia 04/05/2011
Trial court did not err in finding it lacked jurisdiction to conduct a review hearing of appellant’s commitment to Department of Juvenile Justice where review date was set outside of statutory 60-day period under Code § 16.1-289
1762102 Tynesha Chavis v. Hopewell Department of Social Services 04/05/2011
No error in trial court’s finding that it lacked jurisdiction over appellant’s appeals from J&DR court as appellant’s notices of appeal from the adjudicatory orders were premature and appellant never appealed the dispositional orders
2028104 Justin Maas v. Loudoun County and Wells Fargo Disability Management 04/05/2011
No error in commission’s finding that appellant was not entitled to temporary disability benefits where his left knee injury sustained when he stepped out of his patrol car did not arise out of the course of his employment
2386102 Colleen D. Harlow v. Capital One Services and Royal Indemnity Company 04/05/2011
Summary affirmance – commission did not err in not awarding appellant a lower extremity permanent impairment rating
1446104 William H. Kirkendale v. Kristen A. Kirkendale 03/29/2011
Summary affirmance – final divorce decree affirmed where appellant’s issues barred by Rules 5A:18, 5A:20(e), and 5A:25
1539102 Christopher Lee Packard v. Commonwealth of Virginia 03/29/2011
Trial court erred in failing to rule on whether appellant was physically unable to take the breath test; matter remanded to trial court for a determination on evidence already before court of that issue
1943102 Shawn L. Coble v. Henrico (County of) Fire 03/29/2011
No error in commission’s determination denying appellant benefits where appellee overcame the presumption in Code § 65.2-402(B)
2193101 Commonwealth of Virginia v. Tyler Cannon Spain 03/28/2011
Trial court erred in granting appellee’s motion to suppress marijuana found in his backpack where officer had reasonable, articulable suspicion to detain him based on appellee’s words, actions, clothes, and movements
0708101 Jason Lamont Jones v. Commonwealth of Virginia 03/22/2011
Trial court did not err in denying appellant’s motion to suppress cocaine found in glove box when vehicle was searched incident to appellant’s arrest on a separate charge and, based on totality of circumstances, officers had probable cause for that arrest
0921103 Commonwealth of Virginia, Board for Contractors v. Michael Gavigan 03/22/2011
No error in trial court’s order reversing appellant’s decision to deny appellee’s unsatisfied judgment under the Virginia Contractor Transaction Recovery Act; matter to be remanded to appellant for payment of claim
2068103 Rachel H. Slusser v. Giles County Department of Social Services 03/22/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance; no error in trial court’s termination of appellant’s parental rights to her children
2069103 Rachel H. Slusser v. Giles County Department of Social Services 03/22/2011
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance; no error in trial court’s termination of appellant’s parental rights to her children
2107093 Brandon Maurice Collins v. Commonwealth of Virginia 03/22/2011
Trial court’s error in admitting certificate of analysis over appellant’s objection without testimony from analyst harmless where other evidence, including appellant’s admission in testimony, established that substance was marijuana
2240101 Vilayvong Kapoo Thongvathsa v. Roberts Furniture and Mattress, and et al. 03/22/2011
Summary affirmance – no error in commission’s finding that appellant’s injury by accident was not compensable because he was not engaged in a “special errand” for his employer at the time he was injured
2507094 Rocky Louis King v. Commonwealth of Virginia 03/22/2011
Appellant’s argument that trial court erred by denying his post-trial motion for mistrial or a hearing on the effect of third-party contact with jurors waived on appeal where appellant failed to timely object when the trial court informed him of the third-party contact
2005104 Branell Harris v. Virginia Employment Commission and Reston Hospital Center, LLC 03/15/2011
Summary affirmance – circuit court did not err in affirming VEC’s decision that appellant was disqualified for unemployment compensation due to misconduct
2022101 Ross & Sons Utility Contractor, Inc. and et al. v. Christopher Samuel Hively 03/15/2011
Commission’s award of temporary partial disability benefits to claimant is reversed as the record contains no evidence claimant made a reasonable effort to market his residual work capacity beyond obtaining a new job for a portion of the hours he worked pre-injury; case remanded to commission
2288103 Michele Lynn Navarro v. Cafe Enterprises, Inc. and Travelers Indemnity Company of America 03/15/2011
Summary affirmance – appellant’s arguments on appeal are without merit
2313102 E. C. Management Services, Inc. and et al. v. Robinette Anderson 03/15/2011
Summary affirmance – commission did not err in finding that appellee adequately marketed her residual work capacity and in awarding her continuing wage benefits
0071102 Robert James Ward v. Commonwealth of Virginia 03/08/2011
Trial court did not err in finding the evidence presented at trial sufficiently corroborated appellant’s extrajudicial confession to establish the corpus delicti of the charged offense and in finding the evidence sufficient to convict appellant of carnal knowledge of a brute animal
0528104 Keith John Anderson v. Commonwealth of Virginia 03/08/2011
Trial court did not err in not ordering sua sponte an evaluation of appellant’s competency to stand trial under the terms of Code § 19.2-169.1; appellant’s conviction is affirmed
1167102 Minor Child By His Court-Appointed Guardian Ad Litem v. Roijo E. Ellis and Robert E. Ellis, Jr. 03/08/2011
Trial court did not err in granting mother’s motion to strike; trial court’s dismissal of the guardian ad litem’s petition is affirmed as the guardian ad litem’s evidence did not meet the prima facie burden established in Code § 16.1-228 for proving that a child is in need of services
1410104 Virginia Department of Transportation/Commonwealth of Virginia v. Marion Franklin Shaffer 03/08/2011
Commission did not err in awarding claimant permanent total disability benefits as there was credible evidence to support the commission’s finding of causation and that claimant’s leg injuries rendered his legs unusable for any gainful employment
1509103 James Allan Myers v. Shelby Lynne Smith Myers 03/08/2011
Trial court did not err in granting appellant’s former spouse a share in two retirement plans
1530101 Danielle Nichole Hughes v. Daniel Nicholas Hughes and Linda Smith Hughes 03/08/2011
No error in trial court’s order authorizing the adoption of appellant’s daughter by appellant’s father and stepmother
1600102 Lydia C. Hayes v. Perrel Managment Company, Inc. and AMCOMP Employers Preferred Insurance Co. 03/08/2011
No error in commission’s decision to terminate Hayes’ award of temporary total disability benefits
1633102 Perrel Management Company, Inc. and AMCOMP Employers Preferred Insurance Co. v. Lydia C. Hayes 03/08/2011
No error in commission’s decision authorizing Hayes a new treating physician for compensable medical treatment
1976102 Commonwealth of Virginia v. Brandon Marshall Turner 03/08/2011
Trial court erred in holding that a formal arrest must precede the search of a suspect’s person as the officer had probable cause to arrest Turner for possession of marijuana when he searched him; trial court’s order granting the motion to suppress is reversed and this matter is remanded to the trial court for trial
2198102 Rodney D. McNair v. Reinhart Food Service, LLC and Indemnity Insurance Company of North America 03/08/2011
Summary affirmance – no error in commission’s decision denying appellant’s claim for benefits
2233104 Inova Fairfax Hospital, Inova Health System Foundation, Inc. and et al. v. Nezha Alaoui 03/08/2011
Summary affirmance – as those questions and arguments raised before the commission are without merit, award is affirmed
2285102 Wendy Roane v. Virginia Retirement System 03/08/2011
Summary affirmance – trial court did not err in dismissing appellant’s petition for appeal as appellant admittedly failed to timely file the petition for appeal and the trial court had no authority to extend the filing deadline
0117104 Wayne F. Moore v. Ruth Doris Moore 03/01/2011
Trial court erred in ordering appellant to name appellee as a beneficiary under his life insurance policy in the absence of a written agreement between the parties; remainder of equitable distribution affirmed
0455101 Derreak Lamonte McMillian v. Commonwealth of Virginia 03/01/2011
Trial court did not err in admitting evidence of prior crimes to establish appellant’s identity as perpetrator of offenses of murder, use of a firearm in commission of murder, and grand larceny
1232103 Jose L. Bernabe Hernandez v. Shenandoah Valley Department of Social Services 03/01/2011
As subsections of Code § 16.1-283 are distinct, appellant’s arguments regarding termination of his parental rights under subsections (B) and (C)(2) are moot where trial court terminated his parental rights specifically only under subsection (E)
1233103 Jose L. Bernabe Hernandez v. Shenandoah Valley Department of Social Services 03/01/2011
As subsections of Code § 16.1-283 are distinct, appellant’s arguments regarding termination of his parental rights under subsections (B) and (C)(2) are moot where trial court terminated his parental rights specifically only under subsection (E)
1332104 Kathleen Marie Roth v. Donald Davis Roth, II 03/01/2011
No error in trial court’s finding that parties’ property settlement agreement did not grant appellant an equitable interest in appellee’s retirement pension that did not exist at the time of execution of the agreement
1491102 James D. Chaney v. Honeywell International Inc. and Indemity Insurance Company of North America 03/01/2011
No error in commission’s finding that appellant failed to meet his burden of proof in demonstrating he made reasonable efforts to adequately market his residual work capacity and its denial of temporary partial disability benefits
1827103 Weldon A. Mongold v. Harrison Rockingham Social Services District 03/01/2011
Summary affirmance – no error in trial court’s decision to terminate appellant’s parental rights to his child
2691092 Michelle Diane Lindsey v. Commonwealth of Virginia 03/01/2011
Trial court’s limitation of cross-examination of one of Commonwealth’s witnesses to prove possible bias harmless error where extensive evidence proved appellant’s guilt
0324102 Carmen Marie Duckworth v. Commonwealth of Virginia 02/22/2011
No error in trial court’s finding that Commonwealth had presented sufficient evidence to prove Mecklenburg County was proper venue for prosecution of appellant’s forgery charge
0991104 Wayne Smith v. Rockingham (County of) and Virginia Association of Counties Group Self-Insurance 02/22/2011
No error in commission’s finding that appellant’s evidence failed to prove his injury arose out of his employment where it found no connection between height or condition of step and appellant’s knee injury
1182102 Arthur M. Jones and Mary Jones v. Henrico Department of Social Services 02/22/2011
Trial court did not err in denying appellants custody of their granddaughter where it found they were not suitable custodians and the relative they suggested for placement was also not a suitable custodian
1644104 Scott D. Whitmore v. Barbara A. Whitmore 02/22/2011
Summary affirmance – no error in trial court’s decision to award dog to appellee
1720102 Sheila Runyon, Administratrix of the Estate of Howard Runyon v. CBS Construction Company, et al. 02/22/2011
Commission did not err in refusing to award appellant benefits where it found she was not a presumptive dependent under Code § 65.2-515 and was not entitled to an award of benefits under Code § 65.2-511
1748103 Keisha Wingo v. Tazewell County Department of Social Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children
1758103 Michael Wingo v. Tazewell County Department of Social Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his three children
1973101 Joel Lannigan v. Virginia Beach Department of Human Services 02/22/2011
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children
2109102 James Milton Carter, Jr. v. Aaron A. Hoffman T/A Hoffman Construction Company, et al. 02/22/2011
Summary affirmance – no error in commission’s decision that appellant’s claim was time-barred and that appellees were not responsible for his mileage reimbursement and medical expenses
2181103 Clinchfield Coal Company and The Pittson Company v. Franklin Lewis Calo 02/22/2011
Summary affirmance – no error in commission’s finding that appellee’s motion to amend his claim for temporary total disability benefits was not time-barred
2496094 Sharon Ruth Tucker v. John Harrison Clarke 02/22/2011
No error in trial court’s order awarding primary physical custody of parties’ child and final decision making authority over education and day care issues to appellee; no error in trial court’s refusal to disqualify appellee’s attorney
2497094 Sharon Ruth Tucker v. John Harrison Clarke 02/22/2011
No error in trial court’s order awarding primary physical custody of parties’ child and final decision making authority over education and day care issues to appellee; no error in trial court’s refusal to disqualify appellee’s attorney
1353103 Barbara Jean Perry Brock v. Jerry Earnest Brock 02/15/2011
Trial court did not err in classifying Vanguard IRA as appellee’s separate property in equitable distribution in final decree where parties had previously agreed to divide appellee’s retirement, appellant had received her share, and appellee placed his share into IRA at issue
1521102 Rita Ann Van Arsdall v. Roy Thomas Van Arsdall 02/15/2011
Summary affirmance – no error in trial court’s decision regarding spousal support in final decree where trial court considered appellant’s income and expenses and her medical condition and healthcare needs
1550104 Robert Louis Freeman, III v. Deborah Leigh Golden 02/15/2011
Summary affirmance – no error in custody and visitation order regarding parties’ child
1561104 James F. Redding v. Community Living Alternatives and Liberty Mutual Insurance Company 02/15/2011
Summary affirmance – no error in commission’s finding regarding appellant’s claims
1744102 Sears Roebuck and Company and et al. v. Joey Wayne Brooks 02/15/2011
Summary affirmance – no error in commission’s finding that appellee’s injury arose out of his employment
2029091 Mills Eugene Rose v. Commonwealth of Virginia 02/15/2011
No error in trial court’s finding that appellant operated a motor vehicle where the key to vehicle was in ignition switch turned to auxiliary position, the radio was running, and appellant was in driver’s seat; conviction of driving a motor vehicle while intoxicated affirmed
1979102 Commonwealth of Virginia v. Michael Adam Ferrell 02/10/2011
Trial court erred in granting appellee’s motion to suppress where individual with apparent authority to consent to search of vehicle never stated explicitly that she withdrew her consent to the search and she merely repeated statements of another that he did not want the search to take place
0190101 Robert Charles Bostic v. City of Virginia Beach 02/08/2011
No error in trial court’s finding that assault and battery of victim occurred within city limits where incident was 40 yards from the Virginia Beach shoreline in the Chesapeake Bay based on record in this case
0939104 Geeve Assari v. Suzanne R. Assari 02/08/2011
Trial court did not err in imputing income to appellant where appellant’s income was partially reduced due to factors beyond his control and partially due to his own voluntary underemployment
1508103 Viviana Mayanes v. Shenandoah Valley Department of Social Services 02/08/2011
Summary affirmance – trial court did not err in finding evidence sufficient to support termination of appellant’s parental rights to her three children
1847104 Richard Clayton v. State Building Code Technical Review Board 02/08/2011
Trial court did not abuse its discretion in finding that appellee properly interpreted its regulations when it determined that retrofitting of firestops in appellant’s condominium building is not required as a matter of law
1871103 Christian Fauber v. Shenandoah Valley Department of Social Services 02/08/2011
Summary affirmance – trial court did not err in finding evidence was sufficient to support termination of appellant’s parental rights to her son
1889093 Joshua Jonathan Hairston v. Commonwealth of Virginia 02/08/2011
Trial court did not err in excluding appellant’s proffered evidence allegedly bearing on victim’s character and appellant’s state of mind at time of shooting; convictions of second-degree murder and use of a firearm in commission of felony affirmed
2509091 Robert Randolph Williams v. Commonwealth of Virginia 02/08/2011
Trial court did not err in denying appellant’s motion to suppress where traffic stop was supported by a reasonable, articulable suspicion of criminal activity
2590091 O'Dane Greg Maye v. Commonwealth of Virginia 02/08/2011
Trial court erred in ordering restitution for an “indirect” loss to one of appellant’s victims; remanded to trial court to make appropriate corrections to amount of restitution
2832091 Steven Prevounce Lamb v. Commonwealth of Virginia 02/08/2011
Trial court did not err in finding evidence sufficient to conclude appellant had knowledge of the presence of firearm situated beneath driver’s seat of vehicle appellant was driving and that firearm was subject to his dominion and control
2846092 Carol Norman Drew, III v. Commonwealth of Virginia 02/08/2011
Trial court did not err in granting Commonwealth’s motion to join appellant’s case with his co-defendant for trial or in denying appellant’s motion for mistrial where it was not manifestly probable that the witness’ testimony prejudiced appellant
0120104 Julia Souter v. County of Warren 02/01/2011
Appellant’s conviction for violating Warren County’s noise ordinance reversed where ordinance was unconstitutionally vague
0634103 Joshua Thomas Williams v. Department of Social Services for the County of Campbell 02/01/2011
As trial court terminated appellant’s parental rights to his child under Code § 16.1-283(B) and (C)(2) and appellant only challenged decision as to subsection B, ruling under subsection C stands and renders challenge to termination under subsection B moot
0698103 Heather Renee Irvine Price Williams v. Department of Social Services for the County of Campbell 02/01/2011
No reversible error in trial court’s decision to admit two internet generated exhibits into evidence; evidence was sufficient to support termination of appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1070102 Scott Thomas McNamee v. Sharon Jones McNamee 02/01/2011
Trial court’s order denying appellant’s motion to amend spousal support based on changes in circumstances affirmed in part, reversed and remanded in part, and reversed and vacated in part
1102103 Tabitha Ann Harris v. City of Danville Division of Social Services 02/01/2011
Memorandum opinion withdrawn and order withdrawing appeal substituted in its place
1883091 Michael Lancaster v. Commonwealth of Virginia 02/01/2011
Based on record on appeal, any error by trial court in refusing to grant appellant’s proffered instruction on justifiable self-defense harmless
1987103 Richard Allen Frayer v. Williams Brothers Lawn & Tree Service, etc. 02/01/2011
Summary affirmance – no error in commission’s finding that appellant unjustifiably refused vocational rehabilitation services
2613094 Trang Chau v. Commonwealth of Virginia 02/01/2011
Trial court did not err in finding evidence sufficient to prove appellant was guilty of two counts of credit card theft and two counts of credit card fraud
0753103 Timothy M. Barrett v. Valerie Jill Rhudy Barrett 01/25/2011
Trial court did not abuse its discretion in awarding custody of parties’ four children to appellee
1007104 Hyatt Regency Crystal City and Hyatt Corporation v. Charles Spencer 01/25/2011
No error in commission’s award of benefits to appellee where credible evidence supported finding that appellee’s shoulder injury was caused by workplace accident and not related to his pre-existing condition
1166104 Maria T. Chirino v. Prince William County School Board and et al. 01/25/2011
No error in commission’s finding that appellant failed to prove she developed a frozen shoulder as a compensable consequence of her workplace accident
1335103 Phillip Hopkins v. Sandy D. Hopkins 01/25/2011
Summary affirmance – no error in trial court’s order denying appellant’s motion to modify his spousal support obligation where appellant’s reduction in income was through a voluntary change in employment and not a material change of circumstances warranting a change or abatement of support
1437102 Aristotelis Pramagioulis v. Cynthia Pramagioulis 01/25/2011
Summary affirmance – trial court did not err in rescinding property settlement agreement given gross disparity in division of assets and overreaching influences to persuade appellee to sign; final decree of divorce affirmed
1737102 Prince William County School Board and VML Insurance Programs v. Mary E. Rahim 01/25/2011
Petition for Rehearing En Banc granted
1878102 Gloria Anne Fleming v. Philip Morris USA, Inc. and American Protection Insurance Company 01/25/2011
Summary affirmance – no error in commission’s findings appellant was not underpaid benefits, was not entitled to a penalty on unpaid benefits or on cost of living adjustments, and that there was no evidence appellees withheld payments intentionally or in bad faith
0671101 Rebecca Dunn v. Commonwealth of Virginia, Department of Social Services 01/18/2011
Trial court did not err in terminating appellant’s residual parental rights to her three children as it applied the correct standard of proof and was not required to further investigate placing children with appellant’s sister
1301101 Rabha Namrouri Chaplain v. Billy W. Chaplain 01/18/2011
No error in trial court’s determinations that the parties’ premarital agreement was not unconscionable and that wife executed it knowingly and voluntarily
0127101 Niles Sebastian Harrison v. Commonwealth of Virginia 01/11/2011
Trial court did not abuse its discretion, under circumstances of this case, in refusing appellant’s motion to reopen the evidence and allow appellant to testify
0484101 Peter Franklin McCoy v. Josephine Ann Pascarella 01/11/2011
Trial court did not abuse its discretion in awarding primary physical custody of parties’ children to appellee
0485101 Josephine Ann Pascarella v. Peter Franklin McCoy 01/11/2011
No error in trial court’s determination of parties’ ownership percentages of business, in its distribution of parties’ marital property, in classifying and valuing parties’ property and appellant’s tax debt, in addressing issue of hybrid property, or in finding no child support arrearage existed
0864104 William Noel Blair v. Karin Lullman Blair 01/11/2011
No error in trial court’s order modifying appellant’s spousal support obligation to appellee where it was reasonable for trial court to conclude that parties anticipated appellee’s eligibility to receive social security benefits during term original spousal support award would be in effect when they entered the property settlement agreement
1699103 Claude Wesly Stotts v. Boart Longyear Company and Zurich American Insurance Company 01/11/2011
Summary affirmance – no error in commission’s finding that appellant did not adequately market his residual work capacity
1849101 Limon Construction Company and Stonewood Insurance Company v. Efrain Grimaldo Guerrero 01/11/2011
Summary affirmance – no error in commission’s finding that appellee need for ongoing medical care and disability was causally related to work accident and its determination of appellee’s pre-injury average weekly wage
2232092 Anonymous C v. Anonymous B 01/11/2011
Order of trial court pertaining to preliminary protective order implemented by juvenile and domestic relations district court affirmed in part, reversed in part, and remanded to trial court for further proceedings
2420094 Hector Luis Pagan v. Commonwealth of Virginia 01/11/2011
Any error by trial court in admitting hearsay evidence of an investigation in another jurisdiction harmless where trial court specifically stated it did not reply upon that evidence in reaching its sentencing decision
2440091 James Dario Maciel, Jr. v. Commonwealth of Virginia 01/11/2011
No error in appellant’s conviction of trespassing where appellant willfully continued to occupy apartment without authority of law, after he had clearly been forbidden to do so, and fact finder could have rejected appellant’s affirmative defense where he failed to establish a sincere, though mistaken, good faith belief he had some legal right to occupy apartment
2714093 Daphne Mayhew v. John Mayhew 01/11/2011
Trial court did not err in its classification of appellee’s defined contribution retirement plan; trial court erred in its determination as to amount of appellee’s separate contribution to marital residence
0870104 Catherine L. Dunfee v. David A. Dunfee 12/28/2010
Trial court erred in awarding appellee part of funds from refinance on property, in failing to value appellee’s professional tools, and in awarding appellee half of CD; remainder of decree affirmed
1370103 Teresa Grimes Guynn and Steven D. Guynn v. Pulaski County Department of Social Services 12/28/2010
Trial court did not err in finding appellee provided reasonable and appropriate services to appellants or in terminating parental rights of appellants to their children
0761104 Iftikhar H. Saiyed v. Virginia Employment Commission 12/21/2010
Summary affirmance – no error in trial court’s finding that appellant was not entitled to unemployment compensation benefits
0814104 Family Dollar Stores, Inc. et al. v. Jackie James Presgraves 12/21/2010
No error in commission’s award of benefits where evidence proved appellee suffered an injury by accident arising out of his employment, that his injuries were caused by the accident, that the disability and medical treatment were related to accident, and medical evidence supports periods of disability
1021104 Philip A. Hoyle v. Jennifer M. Hoyle 12/21/2010
Summary affirmance – transcript of timely filed written statement of facts indispensable to determination of issues raised on appeal
1064104 Koorosh Azandeh v. Simindokht Okhravi Azhandeh 12/21/2010
Summary affirmance – no error in trial court’s finding that child support provision in parties’ property settlement agreement was null and void
1102103 Tabitha Ann Harris v. City of Danville Division of Social Services 12/21/2010
Trial court abused its discretion in refusing to grant a continuance of permanency planning hearing so appellant could attend hearing where appellant’s counsel provided an explanation for her absence and requested a brief continuance
1256091 Glenn Antoine Harrison, Jr., a/k/a Glenn Harrison, Jr. v. Commonwealth of Virginia 12/21/2010
Any error by trial court in admitting autopsy report into evidence when performing medical examiner did not testify harmless where nothing in autopsy report pertained to identity of assailant, the only issue contested at trial
1486104 EMCOR Group, Inc./Combustioneer Corporation, et al. v. William Raymond Belt, Jr. 12/21/2010
Summary affirmance – no error in commission’s finding that appellee suffered a compensable, work-related injury to his right foot and ankle
1559101 Alice Kay Perreault v. Virginia Employment Commission and City of Norfolk 12/21/2010
Summary affirmance – no error in circuit court’s finding that appellant was disqualified for unemployment compensation benefits due to misconduct and finding that she had a fair and impartial hearing before the VEC
1737102 Prince William County School Board and VML Insurance Programs v. Mary E. Rahim 12/21/2010
Summary affirmance – no error in commission’s award of compensation benefits to appellee
1897091 Shadeede Ali Muhammad v. Commonwealth of Virginia 12/21/2010
Trial court erred in denying appellant’s motion to suppress cocaine particles found in driver’s seat of vehicle in which appellant was passenger where evidence was insufficient to support a finding that he was engaged in criminal enterprise with driver and officers lacked probable cause to search appellant
2260092 Rosa Coleman v. Commonwealth of Virginia 12/21/2010
Appellant’s appeal of order authorizing Commonwealth to provide medication over her objection procedurally defaulted where she failed to develop her due process and equal protection arguments in her brief or otherwise support her assertions with legal authority and failed to obtain ruling from trial court on her challenge to constitutionality of statute
2451091 Demonte Rayshawn Worrell v. Commonwealth of Virginia 12/21/2010
Error in appellant’s conviction of unlawful wounding where insufficient circumstances of violence and brutality surrounding appellant’s single punch of victim supported inference of intent to maim, disfigure, disable or kill victim
0748102 Toby James Mitchell v. Commonwealth of Virginia 12/14/2010
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where appellant acquiesced in setting of original trial date outside of time frame under Code § 19.2-243
0877103 Ricardo Francois Johnson v. Commonwealth of Virginia 12/14/2010
No error in trial court’s finding that evidence was sufficient to prove appellant was in close proximity to concealed weapon in back seat of vehicle where appellant had been sitting and was then “about his person”
1002101 Eastern Shore Community Services Board and Vacogsia v. Brenda Annette Robinson 12/14/2010
No error in commission’s finding that appellee suffered an injury by accident arising out of and in the course of her employment
1025104 Nasser T. Zonoozi v. Soudabeh Aharipour 12/14/2010
Summary affirmance – final decree of divorce affirmed where appellant failed to comply with Rule 5A:20(a), (c), (e), and (f) and failure to comply with rule is significant
1229102 Dennis Grover Blackwell v. Natalie Denise Blackwell 12/14/2010
Summary affirmance – no error in final decree of divorce awarding appellee divorce based on living separate and apart for one year, in denying appellant award of attorney’s fees, or in granting appellee award of attorney’s fees
2170092 Donald Lamont Smith v. Commonwealth of Virginia 12/14/2010
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where IAD was not triggered by appellant’s written demand for speedy trial, where appellant was tried within statutory period of Code § 19.2-243, and appellant neither alleged nor proved prosecutorial misconduct
2367091 Michael Gardner v. Commonwealth of Virginia 12/14/2010
Appellant’s convictions affirmed where record does not include transcript of hearing necessary for resolution of appellate issue regarding whether trial court erred in finding witness was “kept away” under Code § 19.2-243(2)
2406091 James Thomas Bunch v. Commonwealth of Virginia 12/14/2010
Evidence was not sufficient to support one conviction of larceny with intent to sell or distribute stolen property where it did not prove requisite intent to sell items stolen; evidence was sufficient to support one conviction of larceny with intent to sell or distribute stolen property where appellant knowingly transported stolen property with requisite intent
2621091 Antoine Fitzgerald Smith v. Commonwealth of Virginia 12/14/2010
As trial court had no jurisdiction under Rule 1:1 to rule on appellant’s motion for reconsideration, the November 16 order denying motion on the merits is vacated
0191102 Nancyrose P. Clark v. Richmond Department of Social Services 12/07/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and in finding that such termination was in the child’s best interests
0672103 Roman Lee Taylor v. City of Roanoke Department of Social Services 12/07/2010
No error in trial court’s order terminating appellant’s parental rights to his two children
0700103 Tonya Annette Taylor v. City of Roanoke Department of Social Services 12/07/2010
No error in trial court’s order terminating appellant’s parental rights to her two children
1264103 Brandy McCoy, Sometimes Known as Brandi McCoy v. Grayson County Department of Social Services 12/07/2010
Trial court did not err in terminating appellant’s parental rights to her two children
1560102 Tiffany N. Hobson v. Petersburg Department of Social Services 12/07/2010
Summary affirmance – appellant’s failure to challenge the terminations of her parental rights under Code § 16.1-283(C) and (E) renders moot her claims regarding the terminations under Code § 16.1-283(B); trial court’s decisions to terminate appellant’s parental rights are affirmed; additional issue precluded by Rule 5A:18
2464091 Dennis B. Barson, Jr. v. Commonwealth of Virginia 12/07/2010
Petition for Rehearing En Banc granted
0085103 Commonwealth of Virginia v. Tremon Antonio Wimbush 11/30/2010
Trial court erred in not imposing mandatory five-year sentence for a second conviction of use of a firearm in commission of a felony
0482101 Veronica Deanna Bell v. Commonwealth of Virginia 11/30/2010
Trial court did not err in allowing Commonwealth to refresh witness’ recollection or in finding evidence sufficient to support convictions of uttering and attempting to obtain money by false pretenses
1230102 Joseph Linville Lewis v. Yvonne DeGaetani Lewis 11/30/2010
Summary affirmance – trial court did not err in denying appellant’s motion to reduce or terminate his spousal support to appellee
1430092 Deandre Tydrell Gay, s/k/a Deandre Tydnell Gay v. Commonwealth of Virginia 11/30/2010
Trial court did not err in finding evidence sufficient to support convictions of two counts of distribution of cocaine and two counts of distribution of heroin or in refusing to merge two separate indictments charging distribution of two separate drugs into a single indictment; we are unable to determine whether trial court erred in not allowing cross-examination
2560094 Jermaine Ridgley v. Fairfax County Department of Family Services 11/30/2010
Trial court did not err in terminating appellant’s parental rights to his son where evidence of termination was properly considered by trial court; as no transcript or statement of facts was timely filed, Court unable to determine appellant’s issue regarding ineffective assistance of counsel
2849093 Delonte Bruce Samuels v. Commonwealth of Virginia 11/30/2010
Any error by trial court in denying appellant’s motion to reveal identity of confidential informant prior to trial harmless; trial court did not err in denying motion to continue or counsel’s motion to withdraw as there was no significant risk that counsel’s representation of witness would materially affect representation of appellant
0269102 Donald Kellison, s/k/a Donald Ray Kellison, Jr. v. Commonwealth of Virginia 11/23/2010
Trial court did not err in finding three photographs constituted lewd exhibitions of nudity; convictions of possession of child pornography affirmed
1167092 Kenneth Wesley Murray v. Commonwealth of Virginia 11/23/2010
Trial court did not err in refusing appellant’s request to give a limiting instruction to jury regarding victim’s second 911 call where victim’s statements fell under present sense impression exception to hearsay rule
1203103 Alfon Maristela v. Virginia Board of Nursing 11/23/2010
Summary affirmance – no error in trial court’s affirmance of Board’s decision to indefinitely suspend appellant’s nursing license for a period of not less than two years
1213093 Dominque Matthew Scott v. Commonwealth of Virginia 11/23/2010
No error in trial court’s finding that circumstantial evidence proved appellant received or concealed a stolen firearm and simultaneously possessed the firearm and drugs
1373104 CVS #00871/CVS of Virginia, Inc. and GAB Robins North America, Inc. v. Darlene A. Brooks 11/23/2010
Summary affirmance – no error in commission’s decision awarding benefits to appellee
1379101 Commonwealth of Virginia v. Craig Michael Melvin, Jr., a/k/a Craig Marcel Melvin, Jr. 11/23/2010
Trial court erred in granting motion to suppress where officer had probable cause to arrest appellee before he put his hand in appellee’s pocket; matter remanded to trial court for further proceedings
1104104 Lorain Walker v. Alexandria Redevelopment & Housing Authority and et al. 11/16/2010
Summary affirmance – no error in commission’s finding that appellant’s injury occurred over course of three days and was not compensable
2383091 James C. Henderson v. Commonwealth of Virginia 11/16/2010
Evidence was insufficient to prove appellant obstructed or interrupted administration of justice or was disobedient or resistant to lawful process of court; conviction of contempt reversed and dismissed
2494094 Arnold J. Mancia Morales v. Commonwealth of Virginia 11/16/2010
Trial court did not err in denying motion to suppress appellant’s evidence of statements made to officers where statements were not legally sufficient to invoke his right to counsel; evidence was sufficient to prove asportation and detention of victim was not merely incidental to crime of rape; evidence proved appellant entered home with deadly weapon
2542092 Ben W. Hunter v. Commonwealth of Virginia 11/16/2010
Conviction of felony failure to appear affirmed where record is inadequate to determine whether trial court erred
0095102 Big Lots Stores, Inc. and et al. v. Judy Diane Browning 11/09/2010
No error in commission’s finding that vocational rehabilitation services provided by appellants were inadequate and that appellants did not meet burden of proving appellee failed to cooperate with those services; denial of motion to terminate appellee’s benefits affirmed
0340103 Antonio Osorio v. Harrisonburg Rockingham Social Services District 11/09/2010
Trial court did not err in terminating appellant’s parental rights to two of his children under Code § 16.1-283(E)(iii) where evidence proved termination was in best interests of children or in declining to place children with appellant’s brother
0387103 Laura Elena Davila v. Harrisonburg Rockingham Social Services District 11/09/2010
Appellant’s issues regarding whether sufficiency of evidence to support termination of her parental rights to two of her children and the permanency planning orders placing three of her children in permanent foster care barred by Rule 5A:18 and no miscarriage of justice found which would require reversal
0684103 Smitty's Inc., T/A et al. v. Commonwealth of Virginia Department of Alcoholic Beverage Control 11/09/2010
Appellant’s arguments not preserved for appeal where appellant conceded the violations before the ABC Board and sought only mitigation in punishment and failed to raise the legal issues before the Board
0888103 Crystal Donahue v. Roanoke City Department of Social Services 11/09/2010
Trial court did not err in terminating appellant’s parental rights to her daughter where evidence was sufficient to support termination under Code § 16.1-283(B) and 16.1-283(C)(2) or in finding child was neither competent to testify nor of an age of discretion
0999103 David Christian Parker, Sr. v. Harrisonburg Rockingham Social Services District 11/09/2010
Trial court did not err in terminating appellant’s parental rights to his child where evidence was sufficient to prove appellant did not communicate with the child on a continuing and planned basis for more than six months and appellant made no efforts to contact appellee before his incarceration and appellee had no chance to provide any services
1178093 Lester O'Neil Woodruff v. Commonwealth of Virginia 11/09/2010
Trial court did not err in denying motion to suppress evidence seized from appellant and his car or statements made to officers where officer felt what he suspected was cocaine in appellant’s pocket and appellant admitted he intended to smoke the crack in his pocket, giving officer probable cause to arrest and authority to remove cocaine
1188101 Ronald Artis v. City of Portsmouth Department of Social Services 11/09/2010
Summary affirmance – termination of appellant’s parental rights to his children affirmed where appellant only challenges the trial court’s decision regarding one of the two subsections under which appellant’s rights were terminated
1338104 Matthew E. Crowley v. Alban Tractor Company 11/09/2010
Summary affirmance – no error in commission’s findings that appellant was not totally disabled or that the medical treatment after a date certain was not causally related to his workplace accident
1512103 Wachovia Bank, N.A. and ACE USA (ESIS) v. Valerie L. Rosborough 11/09/2010
Summary affirmance – no error in commission’s finding that appellee suffered a compensable injury arising out of and in the course of her employment
1517092 Willard Lee Talley, Sr. v. Commonwealth of Virginia 11/09/2010
Trial court did not err in finding circumstantial evidence was sufficient to prove appellant willfully concealed merchandise owned by the store while on store’s premises, creating a prima facie case of an intent to defraud the owner
2435094 Joshua Kenneth Shortt v. Commonwealth of Virginia 11/09/2010
Appellant’s conviction of driving under the influence of drugs affirmed where appellant failed to meet his burden to establish the affirmative defense of “unconsciousness” predicated upon a claim of “sleep driving”
2558092 Neil Wayne Hounshell, s/k/a Neil Wayne Hounshell, II v. Commonwealth of Virginia 11/09/2010
No error in trial court’s finding that evidence was sufficient to prove appellant intended to distribute the methadone and diazepam found in his underwear and appellant took all the necessary steps to accomplish his objective of delivering drugs to others in the jail annex
2654092 Edward Antaion Baker v. Commonwealth of Virginia 11/09/2010
Trial court did not err in denying appellant’s motion to suppress where officers had a particularized and objective basis for suspecting appellant was involved in criminal activity to support the investigatory stop
0818101 Commonwealth of Virginia v. Christopher Hahns Boyd, s/k/a Christopher Perry-Boyd 11/05/2010
Trial court erred in granting motion to suppress where appellee failed as a matter of law to prove officer seized appellant merely by asking for and temporarily retaining this ID card
0292102 Rhonda S. Earman v. Virginia Department of Veterans Services 11/02/2010
Judgment of trial court affirmed where six of appellant’s questions presented on appeal challenge either factual determinations made by hearing officer or policy determinations which are not subject to judicial review; appellant has not proved she was prejudiced where decision on administrative review not made within 60-day time limit
0650094 Luis Enrique Escobar Torres v. Commonwealth of Virginia 11/02/2010
Appellant’s conviction of sexual penetration with an animate object affirmed where evidence proved crimes occurred in Fairfax County, giving trial court territorial jurisdiction to try appellant for charged offense
0670104 Anna Larrick v. Clarke County Department of Social Services 11/02/2010
Summary affirmance – decision of trial court terminating appellant’s parental rights to her child affirmed
1165103 B R D Coal Company and Liberty Mutual Insurance Company v. Rufus Edward Baldwin 11/02/2010
Summary affirmance – no error in commission’s finding that appellee was under an award for permanent total disability benefits
1204104 James Christopher Haney v. Marina A. Haney 11/02/2010
Summary affirmance – trial court did not err in entering the qualified domestic relations orders dividing retirement
1635092 Delwin Lambert Isaac, Jr. v. Commonwealth of Virginia 11/02/2010
Trial court did not err in finding evidence sufficient to prove appellant was previously adjudicated delinquent of a felonious act where in light of presumption of regularity, the absence of a mark on the order indicating appellant had knowingly and voluntarily waived his rights is not sufficient by itself to show prior plea was not knowing or voluntary
2203091 John Russell Bradbury v. Commonwealth of Virginia 11/02/2010
Evidence was insufficient to support conviction of arson of land where it did not prove appellant intended to burn the land or that any land was burned as result of appellant’s action; evidence was sufficient to support convictions of abduction, arson of dwelling, and burglary with intent to commit arson
2464091 Dennis B. Barson, Jr. v. Commonwealth of Virginia 11/02/2010
Appellant’s conviction of harassment by computer reversed and dismissed where evidence was not sufficient to prove e-mails were obscene
2806093 Timothy Gordon Wilson v. Commonwealth of Virginia 11/02/2010
Trial court did not err in finding evidence sufficient to prove appellant intended to commit an applicable felony at the time he broke and entered a dwelling house to support his conviction of armed statutory burglary
1068092 Randolph A. Szenasy v. Commonwealth of Virginia 10/26/2010
Trial court did not err in admitting photographs of appellant’s bedroom as relevant evidence; evidence was sufficient to find appellant killed victim in a malicious and premeditated manner to support convictions of first-degree murder and use of a firearm in commission of murder
1127102 Francisco J. Garcia v. RBP Construction, Inc. and North American Specialty Insurance Company 10/26/2010
Summary affirmance – no error in commission’s finding that appellant failed to prove his injury arose out of and in the course of his employment
1570093 Jerry Lavail Stone v. Commonwealth of Virginia 10/26/2010
Appellant’s arguments that evidence was insufficient to support his convictions because he was acting in self-defense during his confrontation with the victim barred by Rule 5A:18
1795092 Brandon Jarell Love v. Commonwealth of Virginia 10/26/2010
Appellant’s conviction of misdemeanor obstruction of justice reversed and dismissed where evidence that appellant ran away from the police, without doing anything else, is insufficient as a matter of law to support conviction under Code § 18.2-460(A)
1829093 Dale James Wray v. Commonwealth of Virginia 10/26/2010
Appellant’s arguments on appeal barred by Rule 5A:18 or 5A:20(e); revocation of appellant’s suspended sentence affirmed
1836091 Tarquia Simone Stagg v. Commonwealth of Virginia 10/26/2010
Evidence was sufficient to support finding that appellant was guilty of murder, malicious wounding, and two counts of use of a firearm in commission of a felony where he acted as a principal in the second degree to the crimes committed by his father
2377092 Antonio Quan Diaz v. Commonwealth of Virginia 10/26/2010
Trial court did not err in denying motion to suppress where officer had a reasonable, articulable suspicion upon which to stop appellant; evidence was sufficient to support convictions of robbery, abduction, and malicious wounding
2427092 Lloyd Anthony Thompson v. Commonwealth of Virginia 10/26/2010
Trial court did not err in not granting appellant a continuance or in admitting testimony regarding the photo spread where the photo spread and testimony regarding it did not establish the identity of the perpetrator but only provided a basis for arrest; no error in revocation of suspended sentence based on convictions
2434092 Archie Lavance Simmons v. Commonwealth of Virginia 10/26/2010
Trial court did not err in denying appellant’s motion to suppress evidence or his statements where officers had articulable facts giving rise to reasonable suspicion of criminal activity and evidence showed appellant’s statements were made after a voluntary and knowing waiver of his rights
0258101 Commonwealth of Virginia, Department of Professional, etc. v. Sandra Bryant DeLapp 10/19/2010
Trial court erred in holding appellee’s procedural due process rights were violated as appellee had proper notice in accordance with VAPA that all of her prior criminal activity would be considered in Board’s decision; matter remanded to trial court to reinstate appellant’s decision revoking appellee’s real estate license
1154091 Robert Darnell Cooper v. Commonwealth of Virginia 10/19/2010
Evidence was sufficient to prove appellant acted in concert with others and aided and abetted other shooters by joining in gunfire which killed victim; trial court did not abuse its discretion in refusing appellant’s proffered instruction on concert of action where trial court gave an instruction that adequately stated law
1380092 Laferne Yvette Williams v. Commonwealth of Virginia 10/19/2010
Trial court did not err in refusing to disqualify entire Commonwealth’s Attorney’s Office from prosecuting her case where one of the assistants in office had previously represented her as appellant did not prove a conflict of interest existed; trial court did not err in refusing to strike juror for cause
1699091 Griffin Dominque Elliott v. Commonwealth of Virginia 10/19/2010
Trial court did not err in finding evidence to prove that appellant’s acts, conduct, and statements tended to prove he had knowledge of the presence and character of the cocaine mixed with heroin
2371093 David Eugene Huff v. Commownealth of Virginia 10/19/2010
Appellant’s arguments on appeal that Commonwealth’s explanations for its peremptory strikes were partial and vague were not presented to trial court; contentions barred by Rule 5A:18
2553091 Michael Carnell Perry, a/k/a Michael Cornell Perry v. Commonwealth of Virginia 10/19/2010
Trial court did not err in denying motion to suppress admission of narcotics seized from appellant’s vehicle after alert from drug dog where appellant’s brief detention was based on a reasonable suspicion of criminal activity
2808094 Leah Steo Huston v. John Michael Huston 10/19/2010
Summary affirmance – no error in decree granting legal and physical custody of one of parties’ children to appellee
0029104 T. B. v. Alexandria Department of Human Services 10/12/2010
Appeal dismissed where, given appellant’s argument and the relief she seeks on appeal, appellant is not an aggrieved party within the meaning of Code § 17.1-405
0536091 Kenneth Tyrone McCain v. Commonwealth of Virginia 10/12/2010
No error in appellant’s convictions of forgery and uttering where evidence was sufficient to prove appellant forged the check and placed it into circulation as a valid instrument
0943102 Cheryl A. Moore v. VCU Health System Authority 10/12/2010
Summary affirmance – commission did not err in terminating appellant’s workers’ compensation benefits due to her unreasonable refusal to accept the light-duty work offered by appellee
1123104 Belinda D. Bell v. Best Buy Company, Inc. and Liberty Mutual Fire Insurance Company 10/12/2010
Summary affirmance – commission did not err in finding appellant’s August 31, 1998 claim merged into the commission’s award or, alternatively, waived or abandoned, in finding she was not entitled to permanent partial disability benefits, or in determining that her claims were barred by the statute of limitations
1140104 Judi Malec-DiGioia v. Battelle Memorial Institute and Federal Insurance Company 10/12/2010
Summary affirmance – no error in commission’s finding that appellant failed to prove she injured both of her hips, her left shoulder, and her left elbow in a compensable work accident
1206101 Mark T. Jenkins v. St. Brides Correctional Center/Commonwelath of Virginia 10/12/2010
Summary affirmance – no error in commission’s finding that pinguecula and conjunctivochalasia were not compensable as ordinary diseases of life or occupational diseases
1269104 Kevin Michael Colburn v. E. C. Ernst, Inc. and Hartford Insurance Company of the Midwest 10/12/2010
Summary affirmance – commission did not err in finding appellant failed to adequately market his residual work capacity
0018104 John Roosevelt Thompson v. Commonwealth of Virginia 10/05/2010
Trial court erred in finding evidence sufficient to support finding that the $200 threshold necessary to convict appellant of felony credit card fraud was proven; felony conviction reversed and matter remanded to trial court for new sentencing hearing on misdemeanor conviction
0588104 Joseph Gary Bennett, Jr. v. Commonwealth of Virginia, Department of Social Services, etc. 10/05/2010
Summary affirmance – no error in court’s order deviating from child support guidelines and ordering child support to remain at amount previously ordered
0960103 Larry Lee Bibble v. L.A. Pipeline Construction Company, Inc. et al. 10/05/2010
Summary affirmance – no error in commission’s finding that certain injuries appellant suffered after March 4, 2009 were not causally related to his compensable injury by accident on August 8, 2008
0971104 AAA Recycling & Trash Removal Service, Inc. et al. v. Carlos A. Salazar 10/05/2010
Summary affirmance – no error in commission’s decision that appellee proved he was entitled to temporary total disability benefits from December 5, 2008 through March 20, 2009
0468104 Francis B. Flanagan v. Donna Flanagan 09/28/2010
Summary affirmance – trial court did not err in awarding sole physical and legal custody of parties’ child to appellee
1078101 Eugene Thomas v. Virginia International Terminals and Continental Casualty Company 09/28/2010
Summary affirmance – no error in commission’s finding that appellant’s claim for permanent partial disability benefits was barred by statute of limitations
1186094 Theodore James Shuck v. Commonwealth of Virginia 09/28/2010
Trial court did not err in finding evidence was sufficient to prove appellant had the requisite intent when he made the contract with the buyer; appellant’s argument regarding sufficiency of the certified mail evidence falls outside his question presented
1916091 Joseph Rodgers Outten v. Commonwealth of Virginia 09/28/2010
Trial court did not err in denying appellant’s motion to suppress the evidence against him where facts known to officer at the time of the seizure provided officer with the requisite reasonable suspicion for the seizure of appellant’s person
2461091 Markeice Devon Pearson v. Commonwealth of Virginia 09/28/2010
Trial court did not err in finding evidence sufficient to support conviction of assault and battery on a law enforcement officer where appellant spit in officer’s face out of malice and not to resist his illegal arrest because the act of spitting was not designed to thwart officer’s efforts to complete the arrest
3096081 Rena Suzanne Williams v. Commonwealth of Virginia 09/28/2010
Trial court did not err in denying appellant’s motion to dismiss the robbery conviction where appellant did not meet the condition subsequent to her plea agreement and, thus, any vested interest in the implicit term of the agreement was dissolved and forfeited and the Commonwealth was free to seek a new indictment
0470104 Hans Phillip Olson v. Colleen Catherine Conlon 09/21/2010
Summary affirmance – trial court’s custody and visitation order granting sole custody to appellee and denying appellant contact of any kind with parties’ children affirmed
0759104 Leavon Z. Reeves v. Owen & Sparrow, LLC and Commerce & Industry Insurance Company 09/21/2010
Summary affirmance – no error in commission’s findings that appellant’s change-in-condition claim seeking wage loss benefits was barred by statute of limitations and that he was not entitled to change his treating physician
1006104 Giant Food, LLC and Ahold USA, Inc. v. Joseph Mark Casamento 09/21/2010
Summary affirmance – no error in commission’s findings that appellants failed to prove appellee was released to full duty work and that appellee’s current disability is attributable to his workplace injury and not a motorcycle accident
1250104 Rangeen Albarzanchi v. Fairfax (County of) Board of Supervisors 09/21/2010
Summary affirmance – no error in commission’s decision denying temporary total disability or its finding that a doctor’s medical report did not constitute after-discovered evidence
1677092 Joseph Wayne Garrard v. Commonwealth of Virginia 09/21/2010
Trial court did not err in refusing appellant’s proffered instruction where there was not a scintilla of evidence to support an instruction on self-defense or defense of others
2257094 James Anthony Dennis v. Commonwealth of Virginia 09/21/2010
No reversible error in trial court’s decision to allow testimony from witness where that testimony was merely cumulative and corroborative of other evidence; evidence was sufficient to prove appellant had the requisite larcenous intent at the time he obtained money from the bank
2388091 Carlton Maurice Grimes, Jr. v. Commonwealth of Virginia 09/21/2010
Trial court did not err in finding evidence sufficient to prove appellant exercised dominion and control over the cocaine and gun and that he was aware of their presence and character in the vehicle
2475094 Thomas Kevin Trump v. Vicky Dempsey Trump 09/21/2010
Trial court erred in finding appellant did not make a prima facie case of a material change of circumstances; decision regarding child support and spousal support reversed and remanded to trial court
1882071 Eric Amir Ghameshlouy, s/k/a Eric Amir Ghmaesouly v. City of Virginia Beach 09/14/2010
Upon remand from Supreme Court of Virginia – evidence was insufficient to support finding that motel room was a place open to the public as used in Virginia Beach City code; conviction of failure to provide correct identification to police officer reversed and dismissed
1988092 Jerrod Tyree Quarles v. Commonwealth of Virginia 09/14/2010
Petition for Rehearing En Banc granted
2373094 James Luther Bevel v. Commonwealth of Virginia 09/14/2010
Trial court did not abuse its discretion in finding good cause existed to deny appellant’s motion for abatement ab initio of appellant’s conviction after his death
0664103 Commonwealth of Virginia v. Jeffery Barnett, s/k/a Jeffery Thomas Barnett 09/10/2010
No error in trial court’s finding that there was no emergency that rendered the warrantless entry into appellant’s home reasonable under the Fourth Amendment
0161101 Tina Horner v. Norfolk Department of Human Services 09/07/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children
0941104 Michael Parr Taylor v. Loudoun County Fire & Rescue 09/07/2010
Summary affirmance – no error in commission’s finding that appellant’s hypertension was not an occupational disease or in denying his motion to vacate the deputy commissioner’s opinion
1549092 Michael S. Elliott v. Commonwealth of Virginia 09/07/2010
No error in trial court’s finding that officer had reasonable, articulable suspicion of criminal activity that justified investigatory stop of appellant; admission of blood test results was proper
2252092 Steven Wheeler, s/k/a Steven T. Wheeler v. Commonwealth of Virginia 09/07/2010
No error in trial court’s decision to revoke appellant’s suspended sentence in its entirety for conduct that occurred prior to a previous revocation hearing and was not considered as a basis for revocation at the previous hearing
2602094 Paul David Hughes v. Ruth Hankinson Hughes 09/07/2010
Trial court’s determination of child support arrearages affirmed; trial court’s decisions finding appellant in contempt and refusing to award appellee attorney’s fees reversed
0215104 Jonette A. Kondratenko v. Michael G. Earhart 08/31/2010
Summary affirmance – no error in trial court’s ruling regarding child support
0338103 Ajary Roberts, Sr., Sometimes Known as etc. v. Harrisonburg Rockingham Social Services District 08/31/2010
Trial court did not err in allowing testimony regarding appellant’s children’s relationship with their foster mother as that relationship was part of determination of whether termination of appellant’s parental rights to his children was in their best interest; no error in termination of appellant’s parental rights to his children
0682102 Henrico County Sheriff's Office v. James O. Fitzgerald, IV, Deceased, By Lauri Walker, Executor 08/31/2010
Summary affirmance – no error in commission’s finding regarding communication of occupational disease which triggered commencement of statute of limitation under Code § 65.2-403(A)
0697104 Thomas Mitchell Stroupe v. Campco, Inc. and AIG Casualty Company (AIU Insurance Company) 08/31/2010
Summary affirmance – no error in commission’s decision finding appellant was not qualified to receive permanent total disability benefits
0967101 Jacqueline L. Palmer Mercer v. Support Services of Virginia, Inc. and et al. 08/31/2010
Summary affirmance – no error in commission’s denial of appellant’s November 10, 2008 claim for medical benefits and mileage and her December 5, 2008 claim for wage loss benefits and permanent partial disability benefits
2801091 Donald F. DeLine v. Elizabeth Baker 08/31/2010
Trial court did not err in finding final divorce decree did not divest juvenile court of its jurisdiction to hear matter concerning child support, including contempt and arrearages
0056104 C.J.F. v. W.R.F. 08/24/2010
Trial court did not abuse its discretion in granting the adoption petition absent a formal evidentiary hearing; trial court did not err in finding that the adoption by stepfather was in the child’s best interests; additional argument barred by Rule 5A:18
0057104 C.J.F. v.W.R.F. 08/24/2010
Trial court did not abuse its discretion in granting the adoption petition absent a formal evidentiary hearing; trial court did not err in finding that the adoption by stepfather was in the child’s best interests; additional argument barred by Rule 5A:18
0218101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0219101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0220101 Brian C. Tharrington v. Norfolk Department of Human Services 08/24/2010
Summary affirmance – trial court did not err in finding that it was in the best interests of the child to terminate appellant’s parental rights
0314102 Paul's Bakery, Inc. and Flagship City Insurance Company v. Charlotte Kay Murphy 08/24/2010
Commission’s award of benefits affirmed as sufficient evidence supports the commission’s findings that appellee’s fall arose out of and during the course of her employment, and that appellee sustained a left shoulder injury
0339103 Melanie Champagne v. Harrisonburg Rockingham Social Services District 08/24/2010
No error in trial court’s order terminating appellant’s parental rights to her two children
1895094 Andrew Bilski v. Christina Bilski 08/24/2010
Summary affirmance - trial court did not abuse its discretion in denying appellant’s motion to withdraw from dispute resolution proceedings and in denying appellant’s motion for equal access to the child’s School Age Child Care account; additional issues raised on appeal waived for failing to comply with Rule 5A:20
0091103 Commonwealth of Virginia v. Detrick Latorre Hairston 08/17/2010
Trial court erred in granting motion to suppress evidence seized from appellant following a traffic stop of the vehicle he was driving where officers had a reasonable, articulable suspicion to stop the vehicle
1051094 Lorena Marisol Escalante v. Commonwealth of Virginia 08/17/2010
Appellant’s challenges to excluded testimony from officers not preserved for appeal where she failed to proffer the expected testimony; challenge to her testimony and testimony of another witness excluded as she failed to list this challenge in her question presented and it is waived under Rule 5A:12(c)
1376092 Marshall Alexander Walker v. Commonwealth of Virginia 08/17/2010
Trial court did not abuse its discretion when it declined to conduct an in camera review of the officer’s field notes, in denying motion for new trial based on juror misconduct where court found it still would not have stricken juror for cause, and in finding evidence sufficient to support convictions of object sexual penetration and forcible sodomy
1465092 Arthur Shannon Sizer v. Commonwealth of Virginia 08/17/2010
Appellant’s contention that his due process rights were violated through admission of officer’s testimony without merit where appellant has presented no evidence of a plea agreement or any agreement with the Commonwealth that would limit its evidence at sentencing
1838091 Steven Scott Mitchell, s/k/a Stephen Scott Mitchell v. Commonwealth of Virginia 08/17/2010
Trial court did not err in denying appellant’s motion to strike abduction with intent to defile conviction where evidence was sufficient to prove appellant’s detention of the victim was not incidental to the sexual assault
2020091 Jeffery Antwan Reid v. Commonwealth of Virginia 08/17/2010
Trial court did not err in finding evidence was sufficient to prove appellant acted with the specific intent to maim, disfigure, disable or kill the victim; convictions of attempted malicious wounding and use of a firearm in the commission of a felony affirmed
2239091 Christian Lamar Sweat v. Commonwealth of Virginia 08/17/2010
No error in trial court’s finding that totality of evidence was sufficient to find appellant had the intent to defraud; conviction of obtaining money by false pretenses affirmed
2616094 Ajai Kumar Sandhir v. Neeta Ahuja-Sandhir, n/k/a Neeta Ahuja 08/17/2010
Summary affirmance – appellant’s arguments pertain to prior hearings and orders already appealed and law of case doctrine applies; appellant never argued that the amount of the attorney’s fees awarded to appellee was unreasonable
0351104 Keisha D. Carr v. Fairfax County Department of Family Services 08/10/2010
Summary affirmance – no error in trial court’s order terminating appellant’s parental rights to her two children and affirming foster care plan with goals of adoption
0352101 Darrell D. Hatton v. Virginia Employment Commission and Norfolk State University 08/10/2010
Summary affirmance – decision of Virginia Employment Commission finding appellant was disqualified from receiving unemployment compensation due to misconduct affirmed where no transcript or statement of facts was properly filed and is indispensable to determination of issues raised
0646102 E. Russell Smoot & Son, et al. v. Steve F. Smith 08/10/2010
Summary affirmance – commission did not err in finding appellee’s injury arose out of his employment and that appellee’s working in a cramped or awkward position unique to his employment contributed to his injury
0683103 Uninsured Employer's Fund v. David Scott Riggs 08/10/2010
Summary affirmance – commission did not err in awarding appellee temporary total disability
0736104 Linda Saifi v. Fairfax County Department of Family Services 08/10/2010
Summary affirmance – trial court did not err in approving foster care plans with goals of adoption for appellant’s grandchildren
0998093 Jimmy Robert Shorter v. Commonwealth of Virginia 08/10/2010
Trial court did not err in finding evidence was sufficient to support finding that appellant was the driver of the vehicle; conviction of driving under the influence affirmed
1515092 David Denoncourt v. Commonwealth of Virginia 08/10/2010
Trial court did not abuse its discretion in allowing victim to testify regarding the repair estimates or in finding value of items taken exceeded $200
1988092 Jerrod Tyree Quarles v. Commonwealth of Virginia 08/10/2010
Trial court did not err in denying appellant’s motion to suppress his statements to police where appellant reinitiated conversation by asserting his desire to talk and officer’s comments were not the functional equivalent of interrogation
2400091 Paula Brown Wynn v. Horace Jerome Wynn 08/10/2010
Trial court did not abuse its discretion in finding appellant committed marital waste when she spent her pension, in valuing appellee’s business, in awarding appellant a portion of appellee’s pension, and in awarding appellee a portion of his attorney’s fees
2712092 Carmella Sharp v. Keith Sharp 08/10/2010
Summary affirmance – no error in trial court’s order dismissing appellant’s petition to re-open the case and affirming the final decree of divorce previously entered
0116104 M. H. v. Virginia Department of Social Services 08/03/2010
Summary affirmance – trial court did not err in affirming administrative hearing officer’s founded disposition of Physical Neglect – Inadequate Supervision – Level Three
0163102 Mhammed Tahiri-Amine, s/k/a Muhammed Tahiri-Amine v. Commonwealth of Virginia 08/03/2010
Trial court did not err in denying appellant’s motion to suppress appellant’s identifying information obtained during his encounter with the police where the encounter was consensual
0649104 Food Lion, LLC and Delhaize America, Inc. v. Gloria Brooks Tkach 08/03/2010
Summary affirmance – no error in commission’s finding that appellee’s ongoing back treatment was causally related to her compensable workplace injury and that benefits were not procured by fraud
1782092 Devainte J. Green v. Commonwealth of Virginia 08/03/2010
Appellant’s arguments regarding sufficiency of evidence to support convictions of grand larceny and malicious wounding barred by Rules 5A:20(e) and 5A:18
1878093 Victor Hairston, Jr. v. Commonwealth of Virginia 08/03/2010
Trial court did not err in convicting appellant of perjury where evidence proved appellant had the intent to testify falsely as his testimony was the polar opposite on two separate occasions
2002091 James Sherman v. Virginia Department of Social Services 08/03/2010
Trial court did not err in upholding administrative hearing officer’s decision sustaining a disposition of founded sexual abuse by the local department
2064094 Debra M. Picciriollo v. William J. Atkins 08/03/2010
Summary affirmance – trial court did not err in granting physical custody of parties’ child to appellee
2411092 William Boyd Swinson v. Commonwealth of Virginia 08/03/2010
Trial court did not err in finding circumstantial evidence was sufficient to prove appellant was the perpetrator to support convictions of statutory burglary, robbery, and use of a firearm in commission of felony
0213102 George T. Hodges v. TCS Materials, Inc. and Florida Rock Industries, Inc. 07/27/2010
Summary affirmance – commission did not err in denying medical benefits and temporary total disability benefits to appellant where he failed to establish a causal connection between workplace injury and treatment he received
0266093 Roger Lee Stevens, s/k/a Roger Lee Stephens v. Commonwealth of Virginia 07/27/2010
Petition for rehearing en banc granted
0398102 Christopher D. Gray v. Coffeewood Correctional Center/Commonwealth of Virginia 07/27/2010
Summary affirmance – no error in commission’s finding that appellant did not meet his burden to prove causal connection between low back injury and his compensable work injury
0490101 Commonwealth of Virginia v. Tyrone O. Johnson, Jr. s/k/a Tyrone Orneall Johnson, Jr. 07/27/2010
Trial court did not err in suppressing evidence where record supports finding that Commonwealth failed to prove either that an exception to the warrant requirement applied or that the good faith exception to the exclusionary rule excused the Fourth Amendment violation
0719092 Anthony Jerry Fields, s/k/a Anthony Jerry Fields, Sr. v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant was violating Code § 46.2-928, justifying detention of appellant for investigative inquiry
0801092 Cabell Riffe Clatterbaugh v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motions for mistrial, in limiting appellant’s cross-examination of the victim, in admitting a telephone conversation between appellant and another recorded at the jail, and in allowing the Commonwealth to impeach its witness when she gave testimony adverse to the Commonwealth’s case
0802102 Velma Shante Chambers Ayers v. Buckingham County Department of Social Services 07/27/2010
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0861091 Samuel A. Ervin v. Commonwealth of Virginia 07/27/2010
Petition for rehearing en banc granted
1125091 Andre Pernel Acklin, s/k/a Andre Pernel Acklin, Jr. v. Commonwealth of Virginia 07/27/2010
Trial court did not err in finding evidence was sufficient to prove appellant was in constructive possession of cocaine found in the apartment
1594094 Marie Camara Tokora-Mansary v. County of Stafford 07/27/2010
Evidence was insufficient to support conviction under county code of refusing to provide identifying information to a law enforcement officer where evidence did not prove she presented a danger to the public at the time the information was requested; conviction reversed
1845092 Justin T. Schoening v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion for new trial based on letter of recantation from the Commonwealth’s witness where evidence supports trial court’s finding that witness’ new testimony was not credible and failed to prove the fourth prong of the after-discovered evidence test
1982091 Jeremy David Dowdell v. Commonwealth of Virginia 07/27/2010
Trial court did not err in denying appellant’s motion to suppress where police had probable cause to search appellant and heroin found in his pockets was properly admitted
1984091 Nikita Terell Brown v. Commonwealth of Virginia 07/27/2010
No error in trial court’s finding that evidence was sufficient to prove an agreement between appellant and two others and that the value of the merchandise concealed by appellant and her cohorts exceeded $200 threshold; convictions of grand larceny and conspiracy to commit grand larceny affirmed
2147092 Mychila Debra Tabron v. Commonwealth of Virginia 07/27/2010
Evidence was insufficient to support appellant’s conviction of obstruction of justice where she did not actually prevent officer from performing his duties as a law enforcement officer; conviction reversed
2187093 Terry McKinley Washington v. Commonwealth of Virginia 07/27/2010
Trial court did not err in finding evidence was sufficient to prove appellant’s failure to appear for a preliminary hearing was willful
0030104 Hazem E. Soliman v. Jessica Lynn Soliman 07/20/2010
Trial court did not err in considering appellee’s motion to reconsider without first entering an order incorporating its findings and rulings announced at a prior hearing
0486101 Arriba Corporation, etc. v. Charles Vernon Hamilton 07/20/2010
Summary affirmance – commission did not err in finding appellee cooperated with vocation rehabilitation offered to him; award of benefits affirmed
1494091 Kevin Marshall Davis v. Commonwealth of Virginia 07/20/2010
Trial court’s denial of appellant’s motion to suppress affirmed as the officer had probable cause to arrest appellant; Rule 5A:18 bars appellant’s argument that his rights under the Fifth Amendment were violated
1671094 Samuel C. Asinugo v. Commonwealth of Virginia 07/20/2010
Evidence was sufficient for a rational fact finder to conclude appellant was guilty of forging a public record where he forged a fingerprint card with intent to defraud; any error concerning admission of witness’ general habit testimony harmless
2052092 Carlton L. Davis v. Commonwealth of Virginia 07/20/2010
Appellant’s conviction of construction fraud reversed where evidence was insufficient to support a finding that appellant obtained the advance of funds from the victim with fraudulent intent
2119091 Shawn L. Haley, s/k/a Shawn Lamont Haley v. Commonwealth of Virginia 07/20/2010
Evidence was sufficient to prove beyond a reasonable doubt that appellant knew the check was forged; convictions of forgery, uttering a forged check, grand larceny and attempting to obtain money by false pretenses affirmed
2171093 David Elwood McNeal, Sr. v. Commonwealth of Virginia 07/20/2010
Evidence presented to trial court was insufficient to support conviction of failure to return rental property within ten days of expiration of rental agreement; conviction reversed
2630092 Joseph College v. Prince Edward County Department of Social Services 07/20/2010
Summary affirmance – trial court did not err in finding it was in child’s best interests to remain in appellee’s custody and in affirming the entrustment agreement
2631092 Joseph College v. Prince Edward County Department of Social Services 07/20/2010
Summary affirmance – trial court did not err in approving the foster care plan where evidence was sufficient to prove, by a preponderance of the evidence, that child was abused and neglected
2909083 Robert Edward Woody v. County of Amherst 07/20/2010
Appeal dismissed where we lack jurisdiction to consider the appeal where order appealed from was entered to correct a clerical error and was not a final appealable order
0048092 William Bowles v. Commonwealth of Virginia 07/13/2010
Trial court did not err in finding evidence sufficient to support appellant’s convictions, in denying appellant’s motion for a mistrial, in giving the jury an instruction on flight, or in denying motion to suppress evidence from shed where searches were within scope of consent given by appellant’s wife
1291094 Darren Nathaniel Davis v. Commonwealth of Virginia 07/13/2010
Trial court did not err in finding Commonwealth established sufficient foundation to admit an audio recording of appellant’s telephone call from detention center or in finding evidence proved appellant constructively possessed firearm
1754091 Codie Dominique Graves v. Commonwealth of Virginia 07/13/2010
Trial court did not err in denying motion to suppress where appellant stepped out of vehicle on his own accord after agreeing to search or in finding evidence was sufficient to prove appellant possessed cocaine with intent to distribute
2094093 Frank Karban v. Universal Fiber Systems, LLC and et al. 07/13/2010
Commission did not err in reversing credibility determination of deputy commissioner or in finding appellant failed to prove a compensable injury by accident
0444092 Edgar Cuevas-Rosales v. Commonwealth of Virginia 07/06/2010
Trial court abused its discretion in denying appellant’s motion to withdraw his previous waiver of jury trial and in denying his request for a jury trial; convictions reversed and case remanded to trial court for a new trial
1732092 Eugene Smith Thompson v. Commonwealth of Virginia 07/06/2010
Trial court did not err in finding the evidence sufficient to prove appellant drove or operated the vehicle in which the police found him; appellant’s conviction of operating a motor vehicle while under the influence of alcohol, a second or subsequent offense, is affirmed
1787093 Richard Lee Keen v. Commonwealth of Virginia 07/06/2010
Trial court’s probation revocation order revoking appellant’s suspended sentences on the 1991 convictions is affirmed; trial court’s revocation of appellant’s suspended sentences on the 1999 convictions is reversed as the trial court lacked the authority to revoke appellant’s suspended sentences under Code § 19.2-306(A), and the probation revocation proceeding in that regard is dismissed
2379094 Anna G. Gianaris v. John P. Gianaris 07/06/2010
Trial court’s decision dismissing with prejudice wife’s motion for judgment for past due spousal support is affirmed as res judicata bars wife’s present claim on the parties’ property settlement agreement
2785092 Ana B. Jamison v. Howard Gold Jamison 07/06/2010
No error in trial court’s suspension of husband’s spousal support obligation as the record supports the trial court’s finding of a material change of circumstances
0015103 Joan L. Knowles v. Southside Community Action and AIG Casualty (American Home Assurance Company) 06/29/2010
Summary affirmance – appellant’s issues raised on appeal waived for failing to comply with Rule 5A:20
0420094 Richard A. Gleason v. Commonwealth of Virginia 06/29/2010
No error in trial court’s finding appellant failed to give the Commonwealth notice as required by the rape shield statute; trial court did not err in denying appellant’s motion for a continuance; additional arguments barred by Rule 5A:18; convictions affirmed
1936093 Barry Lewis Evans v. Tracie Annette Donnelly Evans 06/29/2010
Summary affirmance – trial court did not err in making any determination of reasonableness in light of husband’s specific objections to the guardian ad litem’s bill; trial court did not abuse its discretion in ordering that husband be responsible for eighty percent of the guardian ad litem’s bill; additional arguments barred by Rule 5A:18
2378091 Gwaltney of Smithfield, Ltd. and Ace American Insurance Company v. Tony Peele 06/29/2010
Commission erred in concluding the statute of limitations did not bar claimant’s claim; award of benefits reversed
2707093 Shelia Delaine Hamilton, a/k/a, etc. v. City of Roanoke Department of Social Services 06/29/2010
Trial court did not err in finding clear and convincing evidence supported the termination of appellant’s parental rights to her child and that the termination was in the child’s best interests
2713091 Sabine Scholer Savedge v. Gilliam E. Barbour 06/29/2010
Summary affirmance – trial court’s ruling denying appellant’s request for equitable distribution of appellee’s military retirement summarily affirmed
2807094 Commonwealth of Virginia Department of Social Services v. Mario Velasquez-Flores 06/29/2010
Circuit court erred in concluding appellee’s confession was not reliable and that the agency hearing officer’s decision was not supported by substantial evidence in the record; judgment reversed and case remanded
0266093 Roger Lee Stevens, s/k/a Roger Lee Stephens v. Commonwealth of Virginia 06/22/2010
Trial court erred in denying appellant’s motion to suppress his confession where appellant had invoked his Fifth Amendment right to counsel
0791093 Larry Daniel Walker, Jr. v. Commonwealth of Virginia 06/22/2010
Trial court did not err in considering a conviction under the Danville City Code as a prior offense under Code § 46.2-357 to enhance appellant’s habitual offender conviction to a felony
0861091 Samuel A. Ervin v. Commonwealth of Virginia 06/22/2010
Appellant’s conviction of possession with intent to distribute marijuana reversed and dismissed where evidence was not sufficient to prove appellant was aware of the presence and character of the marijuana in the locked glove compartment of the vehicle he was driving, but did not own
0952094 Elisha Alexander Parker, Sr. v. Commonwealth of Virginia 06/22/2010
Appellant's convictions of failing to report a hit?and?run accident as a passenger and unauthorized use of a vehicle affirmed where specific arguments made barred by Rule 5A:18
1155091 Andre Cortez Gaddie v. Commonwealth of Virginia 06/22/2010
No error in appellant’s convictions of felony murder and lynching by mob of one victim where two offenses had dissimilar elements; appellant has shown no prejudice to support his assertions that prosecutor violated disclosure obligations under Brady or the pretrial discovery order
1447091 Ladaris Britt v. Commonwealth of Virginia 06/22/2010
Trial court did not violate hearsay rule when it admitted the VIN database information for the purpose of explaining officer’s actions; evidence was sufficient to support conviction of grand larceny
1759091 Tyrel Marquis Dorrough v. Commonwealth of Virginia 06/22/2010
Trial court did not err in denying appellant’s motion to suppress where police officers had probable cause to search appellant’s vehicle after observing what they believed to be contraband on the floorboard
2436093 William Scott Ingram v. Commonwealth of Virginia 06/22/2010
Appeal dismissed as moot where the final order authorizing medical and psychological treatment against appellant’s will expired during the pendency of the appeal
2661093 James Amos Andrew Gardner v. Washington County Department of Social Services 06/22/2010
Trial court did not err in terminating appellant’s parental rights to his children or in terminating appellant’s rights before the Department investigated the paternal grandmother as possible placement where trial court had before it sufficient evidence to evaluate the grandmother as an alternative placement
2662093 Kimberly Nelson s/k/a Kimberly Fleming v. Washington County Department of Social Services 06/22/2010
Trial court did not err in terminating appellant’s parental rights to her children where appellant had not substantially remedied conditions that led to removal and termination was in children’s best interests
1054094 Ramin Seddiq v. Commonwealth of Virginia 06/15/2010
Trial court erred in denying appellant’s motion to strike the abduction charge where the unlawful detention of the victim was incidental to the assault offense for which he was also convicted; conviction reversed and indictment dismissed
1282091 Randor Lee Uzzle, Sr. v. Commonwealth of Virginia 06/15/2010
No error in appellant’s conviction of possession of a concealed weapon by a felon where the razor appellant was convicted of possessing is one of the specifically enumerated items in Code § 18.2-308(A)
1572093 Jose Castro Sanchez v. Commonwealth of Virginia 06/15/2010
Trial court did not err in denying motion to suppress cocaine seized from appellant’s person where officer had reasonable suspicion to stop appellant’s vehicle
2455094 Gerardo Jesus Ortega v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2456094 Gerardo Jesus Ortega v. Farifax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2457094 Gerardo Jesus Ortega v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
2458094 Gerardo Jesus Ortego v. Fairfax County Department of Family Services 06/15/2010
Trial court did not err in terminating appellant’s parental rights to his children where clear and convincing evidence proved appellant failed to timely and adequately remedy conditions which required placement of children in foster care
0090101 Commonwealth of Virginia v. Kelsey Erin Helvenston 06/14/2010
Trial court erred in suppressing statements appellee made up to the point where she invoked her right to counsel as police officers had probable cause to arrest her at the time they took her belongings
0136102 United Parcel Service, Inc. and Liberty Insurance Corporation v. April R. White 06/08/2010
Summary affirmance – commission did not err in rejecting appellants’ application to terminate appellee’s benefits
0155092 Michael Kipling Cook v. Teresa Jane Cross 06/08/2010
Trial court erred in finding appellant prevented appellee from being eligible to complete a like-kind exchange from the proceeds of the sale of the parties’ rental property and in finding appellee was entitled to damages resulting from her failure to qualify for the exchange; its award of attorney’s fees to appellee remanded to trial court for reconsideration
0383091 Joshua Barrett Shapiro v. City of Virginia Beach 06/08/2010
Appellant’s conviction of disturbing the peace affirmed where his vagueness challenge fails because he lacks standing as the challenged ordinance specifically applies to his conduct and the ordinance was not in any way vague as applied to him
0821091 Rod Freeman Hobbs v. Anthony Conyers, Commissioner, Virginia Department of Social Services 06/08/2010
Decision of Court affirmed upon rehearing en banc
0857094 Garland Lee Foster v. Commonwealth of Virginia 06/08/2010
Appellant’s arguments as to whether trial court erred in precluding him from cross-examining his girlfriend about phone calls she placed to him to show bias barred by Rule 5A:18
1115093 Chrisopther Jerry Evans v. Commonwealth of Virginia 06/08/2010
Trial court did not err in denying appellant’s motion to suppress evidence of a holstered handgun found on appellant’s person because the private security guards who seized the evidence were not state actors
1477093 Kimberly F. Neice v. Commonwealth of Virginia 06/08/2010
Appellant’s convictions of indecent exposure reversed and dismissed where evidence was not sufficient to prove appellant exposed herself in an obscene manner
1624094 Andy Lewis Ralston, s/k/a Andrew Lewis Ralston v. Commonwealth of Virginia 06/08/2010
Trial court did not err in revoking appellant’s previously suspended sentence where appellant conceded he violated an express term of probation; appellant’s arguments regarding the sa