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Court of Appeals of Virginia Unpublished Opinions
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0213243 Stanley Calvin Francis, Jr. v. Commonwealth of Virginia 10/08/2024
Trial court did not err finding evidence sufficient to prove fraudulent intent and convict appellant of construction fraud
0277234 Truc "Curt" Tran, et al. v. Industrial Development Authority of the Town of Front Royal et al. 10/08/2024
Judgment affirmed as trial court did not err sustaining jury verdicts against appellant Tran on conversion claim; breach of promissory note sufficiently plead and evidence sufficient to find breach of terms of promissory notes; unjust enrichment argument and ultra vires argument waived, Rule 5A:18
1182233 Dwayne Lamont Moorman v. Commonwealth of Virginia 10/08/2024
Judgement affirmed as trial court did not err finding evidence sufficient to prove constructive possession of a firearm and narcotics; no error denying Batson challenge as race-neutral explanation articulated; no abuse of discretion denying proposed jury instruction as duplicative; speedy trial and given instruction claims waived, Code § 19.2-266.2 and Rules 3A:9(c), 5A:18
1191233 Joely Bradford Hensley v. Commonwealth of Virginia 10/08/2024
Trial court did not err denying motion to suppress evidence obtained as a result of a traffic stop; stop and subsequent search and seizure valid as appellant in violation of Code § 46.2-848, failure to use turn signal; stop not for violation of defective equipment, Code § 46.2-1003
1286233 Roland Kenneth Moyers, Jr. v. Commonwealth of Virginia 10/08/2024
Trial court abused its discretion refusing to strike a juror for cause where juror indicated his fixed personal beliefs would affect his ability to provide appellant a fair trial; appellant’s convictions reversed and matter remanded for further proceedings
1333233 John Walter-Louis Gates v. Commonwealth of Virginia 10/08/2024
Trial court did not abuse its discretion denying motion for bill of particulars; no abuse of discretion admitting into evidence redacted prior conviction order of sexual offense of a child; conviction relevant for purpose of providing context to case of indecent liberties with a child and aggravated sexual battery by parent or step-parent and probative value outweighed prejudice
1687233 Heather Renee Jones v. Commonwealth of Virginia 10/08/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of driving under the influence and acting with criminal negligence; no abuse of discretion admitting results of blood sample, medical records, and expert opinion on effects of drugs in appellant’s sample; medical records obtained through a second search warrant not derivative evidence
1737231 Malik Luquam Kennedy v. Commonwealth of Virginia 10/08/2024
Trial court did not err denying appellant’s motion to suppress evidence recovered from his vehicle; officers had articulable objective facts that supported a reasonable suspicion appellant unlawfully possessed a firearm
0572233 Raymond Totten v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of carjacking and appellant intended to seize the car keys; no abuse of discretion in sentencing where sentence did not exceed maximum imprisonment penalty
0791232 Albemarle County Department of Social Services v. Shelly Wilson, et al. 10/01/2024
Trial court did not err denying petitions for termination of parental rights and rejecting foster care goal of adoption; no error providing parents with additional time to address attachment with the child and finding conditions that resulted in harm to the child have either been substantially eliminated, or could be, within a reasonable period of time under Code § 16.1-283(B)
0880232 Ayla Salkay v. City of Charlottesville Department of Social Services 10/01/2024
Appeal dismissed as record lacks notice of appeal from the Juvenile and Domestic Relations District Court to trial court which is necessary to determine jurisdiction; without timely notice of appeal, court does not have active jurisdiction to address the issues on appeal
1040234 Horacio Morales Gallardo v. Rosa Marina Carranza 10/01/2024
Trial court did not abuse its discretion determining equitable distribution award including awarding appellee $60,000 for her interest in the marital property and awarding spousal support; no abuse of discretion refusing to admit appellant’s financial records due to age of the records; no error in dividing bank-account balances and ordering appellant to assume all credit card debt
1064234 Alexis Mayes v. Catalyst Operations & Analytics, LLC, et al. 10/01/2024
Judgment affirmed as trial court did not err granting demurrers and dismissing appellees from appellant’s personal injury suit; amended complaint failed to state a claim of vicarious liability or negligent hiring against appellees as assailant not performing job duties; claim court erred not explaining basis of its ruling not preserved, Rule 5A:18
1243233 Scott Edward Cooley v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of assault and battery; no error finding appellant had not acted in justifiable or excusable self-defense
1349231 Sean Antonio Burrus v. Commonwealth of Virginia 10/01/2024
Trial court did not err denying motion to strike and finding evidence sufficient to convict appellant of possession of a Schedule I or II controlled substance with intent to sell and possession of a firearm; totality of evidence supports rejection of hypothesis of innocence and conclusion appellant possessed controlled substance and firearm
1848224 Jorge Guevara-Martinez v. Alexandria Department of Community and Human Services 10/01/2024
Trial court erred terminating father’s parental rights and approving foster care goal of adoption; trial had subject matter jurisdiction; evidence insufficient to demonstrate reasonable and appropriate efforts made, that father failed to remedy situation requiring continuation of foster care and termination justified; matter reversed and remanded for further proceedings
2008232 Percell James Parrish v. Commonwealth of Virginia 10/01/2024
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding; evidence showed appellant unlawfully and maliciously caused the victim bodily injury
2222233 Matthew Isaac Critchley v. Commonwealth of Virginia 10/01/2024
Judgment affirmed as trial court did not abuse its discretion excluding evidence of a writing appellant claims was written by deceased victim; writing irrelevant as it had had no tendency to prove any matter at issue in the case and was unduly prejudicial
0039243 Elizabeth JoAnne Helton v. Henry-Martinsville Department of Social Services 09/24/2024
Judgment affirmed as appellant’s claim of error denying her motion for a continuance and a sufficiency challenge to termination of parental rights waived, ends of justice exception not applicable, Rule 5A:18
0355243 Derek S. Helton v. Henry-Martinsville Department of Social Services 09/24/2024
Judgment affirmed as trial court did not err finding evidence sufficient to terminate appellant’s parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the children; due process claim in court’s denial of his motion for continuance waived, Rule 5A:18; matter remanded to correct clerical error
0824234 Jason Theston Payne v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient to convict appellant of aggravated involuntary manslaughter and felony driving under the influence; no abuse of discretion overruling objections to certificates of analysis; container itself was sealed and only the sealed, intact vial tested; no abuse of discretion sentencing appellant to 15 years of active incarceration
0877232 James Burgess v. SYP Hospitality, LLC 09/24/2024
Judgment affirmed as trial court did not err sending issue of contributory negligence to the jury; no abuse of discretion granting jury instructions that correctly reflect the law on duty of care; claim court erred allowing argument appellant’s preexisting medical conditions contributed to fall and injuries not preserved, and ends of justice exception not applicable, Rule 5A:18
0889233 Amanda Michelle Terry v. Commonwealth of Virginia 09/24/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of driving under the influence; jury properly instructed on offense of DUI; no abuse of discretion denying motion for mistrial; no jurisdiction to review ruling on motion for new trial; claim trial court erred overruling objection to appellee’s argument not preserved, Rule 5A:18
0911233 Conrad Burke v. Stanley Young, et al. 09/24/2024
Trial court erred sustaining demurrer to appellant’s claims for excessive force and unconstitutional conditions of confinement; allegations satisfied objective and subjective components of both claims; error finding defendants were entitled to qualified immunity at the pleadings stage; judgment reversed and remanded for further proceedings
0923234 Miguel Guevara Contreras v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of three counts of rape; victim’s testimony was not inherently incredible; no error denying motion to suppress confession as not given voluntarily; no evidence of coercive conduct by police beyond that inherent in custodial interrogations; remanded to correct clerical error in conviction order
1048231 Nahhime Armoni Sawyer v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant on drug and weapons charges; totality of the evidence sufficient to support convictions
1231234 Edward Gonzalo Medrano, Jr. v. Commonwealth of Virginia 09/24/2024
Judgment affirmed as trial court did not err suspending balance of appellant’s sentence and extending probation for an additional 20 years; no abuse of discretion finding appellant had notice of probation conditions and willfully violated those conditions; trial court had active jurisdiction over probation revocation proceeding, Rule 5A:20
1276233 Misty L. Garrett v. William F. Hanna 09/24/2024
Trial court did not abuse its discretion concluding father established a change of custody was in the best interest of the child and granting father primary physical custody; evidence supported court’s finding of a material change in circumstances
1389232 Domoniq Zuriel Booker v. Commonwealth of Virginia 09/24/2024
Trial court did not abuse its discretion denying appellant’s motion to withdraw his Alford guilty plea to rape by force before sentencing; appellant failed to demonstrate his motion to withdraw plea was made in good faith or he entered the plea unadvisedly, involuntarily or under a mistake; appellant had sufficient time to discuss case and understand nature of the proceedings
1981221 Sotherly Hotels Inc., et al. v. Fireman's Fund Ins. Co., et al. 09/24/2024
Trial court did not err sustaining demurrer and dismissing appellants’ breach of contract case with prejudice; complaint devoid of sufficient factual allegations to establish breach of contract claim; appellants’ pleadings do not adequately allege coverable harms under physical loss or damage requirement or other specified provisions
1981232 James Elliott Fitch v. Commonwealth of Virginia 09/24/2024
Trial court did not err finding evidence sufficient for the jury to find appellant committed premeditated first-degree murder; no error denying motion to suppress evidence obtained through seizure of his cell phone; warrantless search reasonable under exigent circumstances exception to warrant requirement
0289232 Michaud Arour Yancey v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of possession of child pornography, second or subsequent offense, and refusing to grant motion to correct clerical error; no abuse of discretion denying motion in limine as probative value outweighed potential prejudice and denying proffered jury instruction as given instructions accurately stated law
0910233 Tamara T. Oakey v. Daniel G. Oakey 09/17/2024
Trial court did not err finding a material change of circumstances since last spousal support order and determining modification warranted; based on totality of record, no error determining parties’ incomes and denying appellant’s request for reservation for spousal support after appellee’s 70th birthday
0947232 Jeffery Columbus Brown, s/k/a Jeffrey Columbus Brown v. Commonwealth of Virginia 09/17/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant for malicious wounding, malicious shooting within a dwelling, and use of a firearm; any error harmless admitting certain statements as cumulative; claim contesting victim’s out-of-court identification waived and ends of justice exception not applicable, Rule 5A:18
1106233 Derrick E. Barr, et al. v. Garten Development, LLC 09/17/2024
Trial court did not err finding appellee has a right of way over appellants’ property for ingress and egress; later deeds did not release the rights of way for ingress and egress reserved in the 1914 deed; right of way allows improvement for logging purposes
1282231 Robert Damon Stonewall v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient to convict appellant of first-degree murder, aggravated malicious wounding, and use of a firearm; evidence shows appellant waited for victims and was the initial and only aggressor in the shooting; evidence sufficient to show injuries to victim of malicious wounding permanent and significant
1350231 Charles Toy Ashley, a/k/a Sun-Ra Subuwr Abdullah v. Commonwealth of Virginia 09/17/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder; no abuse of discretion granting motion in limine to admit certain evidence; challenged statement of victim went only to identity of perpetrator which was not contested at trial; chain-of-custody claim waived by stipulation order
2144233 Savannah Elizabeth Fisher v. Commonwealth of Virginia 09/17/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of knowingly and intentionally possessing methamphetamine and denying motion to suppress evidence recovered in warrantless search of her car; vehicle subject to automobile exception; no abuse of discretion rejecting proposed jury instruction as granted instructions accurately stated law
0105243 Tony Lee Saunders v. Commonwealth of Virginia 09/10/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation; victim’s testimony she was unable to breathe and suffered redness and scratches on her neck credible and corroborated by officer
0302234 Zachary Thomas Burkard v. Commonwealth of Virginia 09/10/2024
Trial court did not abuse its discretion denying appellant’s motion for a new trial and declining to reduce jury’s recommended sentence; substance of alleged newly-discovered testimony not new to appellant and appellant failed to exercise reasonable diligence to obtain testimony; transcript shows court considered mitigating factors
0353232 Joshua Lee Carpenter v. Commonwealth of Virginia 09/10/2024
Trial court did not err denying appellant’s motion to strike; evidence sufficient to convict appellant of indecent liberties with a child and attempting to commit forcible sodomy of a child
0398232 Frederick Lewis Moncrea v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress; officers executed warrant in good faith; trial court’s sentencing order for an indeterminate period of supervised probation void ab initio and matter remanded for resentencing to readjust length of supervised probation; other good-faith claim waived, Rule 5A:18
0668233 Dianna Carol Spencer v. Commonwealth of Virginia 09/10/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of burglarious tools and conspiracy to commit armed robbery; while armed with a deadly weapon reference in conspiracy indictment is surplusage; no abuse of discretion in sentencing as sentence within permissible statutory range; case remanded to correct clerical error
0928233 Molly Petty, et al. v. Virginia Department of Environmental Quality, et al. 09/10/2024
Judgment affirmed as trial court did not err deferring to DEQ’s interpretation of 9 VAC 15-40-100(B) as language ambiguous and applying procedural error standard of review; no abuse of discretion addressing two interlinked matters together and declining to reconsider claims previously argued; second assignment of error partially waived and moot, Rule 5A:20
0929233 Jeffrey Scott, et al. v. Virginia Department of Environmental Quality, et al. 09/10/2024
Judgment affirmed as trial court did not err deferring to DEQ’s interpretation of 9 VAC 15-40-100(B) as language ambiguous and applying procedural error standard of review; no abuse of discretion addressing two interlinked matters together and declining to reconsider claims previously argued; second assignment of error partially waived and moot, Rule 5A:20
1051233 Steven Nicholas Dawson v. Commonwealth of Virginia 09/10/2024
Trial court did not err denying appellant’s motion to suppress certain evidence, denying request for a Franks hearing, and dismissing motion to suppress based on Rule 3A:9; search warrant supported by probable cause, sufficient nexus between items sought and places to be searched, and search did not exceed scope of warrant; no showing of false statement in warrant affidavit
1347232 Corey D. Goodson, Sr., s/k/a Corey Deon Goodson, Sr. v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not abuse its discretion refusing two jury instructions relating to self-defense claim; refused instructions were duplicative of other instructions based on model instructions; no abuse of discretion refusing to vacate sentencing order and hold new sentencing hearing and any error harmless; sentence within statutory range
1366234 Eftakhar Alam v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not abuse its discretion requiring full compliance with plea agreement and finding violations; no error sentencing based on appellant’s original guilty plea to rape; Code § 19.2-306.1 not applicable as it did not exist when plea agreement accepted and only applicable retroactively by agreement of parties; any error admitting hearsay harmless
1681224 Jose Angel Rivas-Castillo v. Commonwealth of Virginia 09/10/2024
Judgment affirmed as trial court did not err denying appellant’s motions for mistrial and to set aside verdict; no abuse of discretion denying motion limiting witness testimony as no Brady violation and limiting portion of expert’s testimony as hearsay; any error regarding testimony harmless as evidence against appellant substantial
0721231 Malik Javon Johnson v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of possession of a firearm and maiming by mob; evidence established appellant was a member of a mob with collective intent to assault victims; argument evidence failed to prove appellant possessed firearm waived and ends-of-justice exception not applicable, Rule 5A:18
0992233 Joseph Michael Childress v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not abuse its discretion restricting appellant’s expert’s testimony at sentencing; any error harmless as expert’s excluded testimony was irrelevant at sentencing stage; constitutional challenge that Code § 18.2-248(C)(4) violated the Sixth, Eighth, and Fourteenth Amendment waived, Code § 19.2-266-2
1000231 Brandon Dajuan Anthony v. Commonwealth of Virginia 09/03/2024
Trial court did not err denying appellant’s motion to suppress evidence obtained during warrantless seizure and search of his person; officers had probable cause and lawfully arrested appellant; drugs lawfully seized during valid search incident to arrest
1132231 Marcus Andrew Bottoms v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of abduction with intent to defile; no error refusing to strike juror for cause where juror represented by different counsel from the same firm as appellant’s counsel; no abuse of discretion granting jury instruction or in imposing sentence within statutory range
1213234 Nathan Elmore Thomas v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err denying appellant’s motions to suppress statements and evidence; appellant’s statements voluntary and warrant lawful to search bags; no error denying pretrial motions to dismiss; no abuse of discretion overruling objection to improper trial testimony; no abuse of discretion in sentencing
1319234 Liam Wallace Bates v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of oral sodomy and attempted anal sodomy; no abuse of discretion excluding testimony of victim’s classmate as attenuated and not relevant; claim regarding attempted sodomy instruction defaulted and ends of justice exception not applicable, Rule 5A:18
1341234 David Marshall White v. Commonwealth of Virginia 09/03/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of trespass; owner’s agent had authority to exclude appellant under durable power of attorney and evidence sufficient to show appellant aware he was not supposed to be on property
1348224 David Jones, et al. v. Minsung "Joseph" Kim 09/03/2024
Trial court did not err dismissing appellants’ motions to strike; evidence sufficient to show appellants did not meet their duties of reasonable care and to not wantonly or willfully injure appellee which caused his injuries; no error finding appellants’ conduct willful and wanton and finding appellee was not contributorily negligent
1438231 Andre Marquise Harris v. Commonwealth of Virginia 09/03/2024
Trial court did not err denying appellant’s motion to suppress evidence found on his person during his arrest; police lawfully entered home without a warrant under the emergency aid exception to the Fourth Amendment
1569232 Javion Deonte Martin v. Commonwealth of Virginia 09/03/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of robbery; no basis to reject jury’s witness credibility determinations; no abuse of discretion as sentence did not exceed maximum penalty; claim verdicts were inconsistent waived, Rule 5A:18
1584231 Jamar Montel Edmonds v. Commonwealth of Virginia 09/03/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted violent felon and denying his motion to strike the evidence; evidentiary chain of circumstances unbroken as to possession of handgun
2058233 HealthSouth Corp., et al. v. Pamela B. Hawthorne 09/03/2024
Commission erred finding causal connection between 2022 injury and 2011 work-related injury and awarding lifetime medical benefits; Commission erred finding appellee carried her burden of proving 2022 injury was a compensable consequence of 2011 injury as appellee’s speculative opinion uncorroborated by medical records
0216234 Derek Brawner v. Commonwealth of Virginia 08/27/2024
Trial court abused its discretion finding appellant in violation of his probation by willfully failing to seek relief from the court’s order to pay court costs; nothing in record showing appellant received notice of availability of community services in lieu of court payment; revocation order reversed and vacated
0542234 Bahriddin Kodirovich Bobocholov v. Bakhtigul Farmonovna Turaeva 08/27/2024
Judgment affirmed as trial court did not abuse its discretion awarding appellee $5,500 in monthly spousal support for an indefinite duration; record supports trial court appropriately weighed statutory factors in determining award; no abuse of discretion awarding appellee attorney fees; request for appellate attorney fees denied; other arguments not preserved for appeal, Rule 5A:18
0892233 Keyon Da'Monta Petty v. Commonwealth of Virginia 08/27/2024
Trial court did not abuse its discretion denying appellant’s motion to strike a juror for cause; juror’s statements do not call his impartiality into question
0944233 Jaquan Hamilton, an infant, by his mother and next friend Tanisha Hamilton v. Morris Jackson, et al. 08/27/2024
Trial court did not err granting Durham’s plea in bar given assignments of error as drafted; allegations of Durham’s gross negligence insufficiently pleaded; trial court erred granting Roanoke City School Board’s plea in bar as it presented insufficient evidence to meet burden of proving sovereign immunity; matter as to School Board remanded for further proceedings
1060233 Barbara H. Clements, etc. v. Medical Facilities of America, Inc., et al. 08/27/2024
Trial court did not abuse its discretion limiting physician witnesses’ testimony to substance of records exchanged in discovery; trial court did abuse its discretion excluding standard of care expert witness as statutory requirements to qualify met and assignment of error not procedurally barred; error granting motion for summary judgment; reversed in part and remanded
1065234 David Michael Jackson v. Commonwealth of Virginia 08/27/2024
Trial court abused its discretion revoking previously suspended sentences and imposing two years of active incarceration; trial court gave significant weight to an improper factor, appellant’s plea of not guilty and request for trial, in rendering sentence; matter reversed and remanded for resentencing
1179232 Cascade Creek Homes, Inc. v. County of Chesterfield, Virginia 08/27/2024
Trial court did not err denying appellant’s request for attorney fees and mediation costs under Code § 25.1-248 as matter dismissed before trial on just compensation began; Code § 25.1-410 does not apply as no taking occurred; other expenses including expert witness costs, discovery costs and other expenses awarded and not contested
1193232 Rockingham County School Board, et al. v. Sharon Rohrbaugh 08/27/2024
No error in Commission’s finding inpatient residential care at an assisted-living facility was reasonable and necessary medical attention for claimant, and such care was causally related to her work accident; no showing Commission committed reversible error
1304233 Jason Aaron Bard v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err denying motions to strike and finding evidence sufficient to convict appellant on two counts of forcible sodomy or exercising jurisdiction as record reflects the acts occurred in Virginia; no error failing to dismiss indictments for speedy trial violations, Rule 5A:18
1390231 Vernon Evander Green, II v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and felony hit and run; no error denying motion to set aside verdict; no abuse of discretion granting Commonwealth’s motion in limine; jury instruction claim waived and ends-of-justice exception does not apply, Rule 5A:18
1718234 Kevin Nathan Mettinger v. Commonwealth of Virginia 08/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of carnal knowledge of a child and indecent liberties; no abuse of discretion overruling appellant’s objections to text messages or weighing probative nature of photographs against risk of undue prejudice; claim victim’s testimony inherently incredible waived, Rule 5A:18
1816232 Daniel Carlton Railey v. Commonwealth of Virginia 08/27/2024
Trial court did not err finding evidence sufficient to prove appellant formed the intent to defraud and convict appellant of obtaining money by false pretenses; evidence supports finding appellant acted with fraudulent intent and fails to support hypothesis of innocence
0217232 Michael Antoine Freeman v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of abduction and assault and battery of family member; evidence demonstrated appellant used intimidation to detain victim and intended to deprive victim of ability to leave; no abuse of discretion in sentencing where court weighed all evidence and imposed sentence within allowed range
0575232 Peter Warren Charles v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of abduction; assignments of error regarding jury question and admissibility of photograph waived, and record does not warrant application of ends-of-justice exception, Rule 5A:18
0584232 Franklin Jerome Coleman, Jr. v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for jury to find that appellant shot the victim; appellant provides no justifiable legal basis for discarding the evidence; no abuse of discretion denying appellant’s motion for new trial based on purported recantation of a witness as recantation evidence did not meet materiality standard; matter remanded to correct clerical error
0845231 Leonard Wista Najacque v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of five counts of child cruelty; repeated and ongoing nature of sexual abuse demonstrates its cruelty; evidence showed appellant’s behavior caused sufficient physical and emotional pain and suffering to support conviction under Code § 40.1-103(A)
0865232 Ruben Murphy, III v. Edward Olive, etc., et al. 08/20/2024
Judgment affirmed as trial court did not err granting appellee’s motion for summary judgment; appellant had no causation testimony to present at trial and could not proceed with informed consent claim; no abuse of discretion enforcing discovery deadlines; no record to support claim other provider could have testified as to causation; other claims waived, Rules 5A:8, 5A:18
0890234 Ronnie Marshall v. Commonwealth of Virginia 08/20/2024
Trial court did not its discretion denying counsel’s motion to withdraw, admitting recordings of the victims’ interviews with police, and excluding certain videos produced by the victims’ son; appellant did not establish an actual conflict of interest with counsel; risk of unfair prejudice of victims’ statement did not outweigh probative value
0971231 Wayne McKinnly Roane v. Commonwealth of Virginia 08/20/2024
Trial court did not err denying appellant’s motion to suppress evidence; exclusionary rule did not apply to firearm seized from appellant; gun discovered because of new and distinct criminal act of brandishing a firearm
1208232 Leon Anderson, s/k/a Leon Alexander Anderson v. Commonwealth of Virginia 08/20/2024
Trial court did not abuse its discretion imposing active sentence of one year; part of violations of probation was a violation of sex offender special instructions, a non-technical violation
1225233 Robert A. Linkenauger v. Micah S. Fraim, et al. 08/20/2024
Trial court did not err finding appellant failed to send a written demand letter as required by Code § 13.1-1042 and granting appellees’ plea in bar; evidence insufficient to demonstrate demand letter requirement would be futile
1393233 Tremon Jaquil Burford v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not abuse its discretion admitting expert testimony on gang participation, admitting jail visit video recording, and allowing photo of appellant; probative value of photo outweighed prejudicial effects; claims expert testimony was hearsay and court erred admitting video recording waived, Rules 5A:18, 5A:20(e)
1403232 Ronald Edward Holmes, Jr. v. Commonwealth of Virginia 08/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of rape and forcible sodomy and finding victim credible; no abuse of discretion denying motion to strike juror with relatives who were victims of sexual assault for cause; any error admitting appellant’s letter to the trial court harmless; other claim waived, Rule 5A:20
1800233 Roger Junior Holland v. Commonwealth of Virginia 08/20/2024
Trial court did not err finding appellant remained a sexually violent predator ineligible for conditional release, Code § 37.2-910
1859232 Virginia Commonwealth University/Commonwealth of Virginia v. Sabrina Miller 08/20/2024
No error in Commission finding work-related accident caused need for mental-health treatment and awarding medical benefits for the treatment; appellee’s testimony, combined with the medical evidence, sufficed to prove causation
0228231 Destin N'Dia Tranay Wright v. Commonwealth of Virginia 08/13/2024
Trial court erred finding evidence sufficient to convict appellant of obstructing justice; evidence of force not sufficient to support appellant’s conviction for obstruction pursuant to jury instruction, Code § 18.2-406(B); conviction reversed and matter dismissed
0408234 Igor Peter Koob v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial court did not err denying motion to set aside verdict and finding evidence sufficient for jury to convict appellant of aggravated malicious wounding and assault and battery; indictment not fatally defective; no double jeopardy violation; other claims including substitution of judge and failure to poll jurors waived, Rule 5A:18
0739232 China Lynn Washington v. Buckingham County Department of Social Services 08/13/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights under Code § 16.1-283(B) and (C)(2); no error finding termination in the best interests of the children as they had been in foster care for twenty months and appellant admitted she was not ready to resume custody of the children
0806234 Mireille B. Tshiteya v. Greenhouse Board of Directors, et al. 08/13/2024
Trial court did not err granting summary judgment in favor of appellees; resale certificate complied with plain language of the statute
0915231 Abdiel Quinones Berrios v. Commonwealth of Virginia 08/13/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and use of a firearm and to deny motion to strike; given totality of evidence, reasonable fact finder could find appellant guilty of murder and use of firearm; no abuse of discretion excluding body-worn-camera footage containing hearsay statements
0922231 Ivan Darnell Palmer, Jr. v. Commonwealth of Virginia 08/13/2024
Trial court did not err denying appellant’s motion to suppress evidence found inside his truck during a traffic stop; traffic stop supported by reasonable articulable suspicion; appellant consented to search of passenger area of truck; search of entire truck justified under automobile exception after gun and cocaine found in passenger area
1019231 Kevin Lee Bethea v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial did not abuse its discretion imposing a 27-year active sentence within the range set by the legislature; appellant’s voluntariness arguments procedurally defaulted and ends of justice exception does not apply as trial court did not err, Rule 5A:18
1100232 Brian Hernandez v. Commonwealth of Virginia 08/13/2024
Trial court erred testifying in the contempt proceeding in violation of Code § 19.2-271 and finding evidence sufficient to support a finding of contempt; trial court’s factual findings preclude affirming under right result for the wrong reason rationale; judgment reversed and conviction vacated
1219234 Paul N. Mullis v. Russell Edward McDow, Jr., MD, et al. 08/13/2024
Judgment affirmed as trial court did not err denying appellant’s motion for summary judgment on informed consent; no abuse of discretion overruling appellant’s objections to expert testimony and refusing offered jury instruction; claim of error regarding informed consent opinion waived, Rule 5A:18
1240222 Lynette Ebony Morse v. Commonwealth of Virginia 08/13/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of attempted abduction and conspiracy to commit abduction; facts establish appellant’s conduct more than mere preparation for abduction; no error in ruling venue proper in Prince George County; conspiracy claim waived and ends-of-justice exception not applicable, Rule 5A:18
1430232 Edelblute's Service Center, et al. v. John Edelblute 08/13/2024
No error in Commission’s finding appellants’ defense to mileage reimbursement barred by res judicata and awarding appellee attorney fees under Code § 64.2-713; appellants did not appeal prior Commission finding appellants were responsible for reimbursement of treatment and mileage incurred; matter remanded to determine appropriate appellate attorney fees
1903233 Kathryn Lydia Hunter v. Commonwealth of Virginia 08/13/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of methamphetamine and driving under the influence of drugs; totality of evidence sufficient to find appellant drove under the influence; no abuse of discretion admitting certificate of analysis as evidence sufficient to prove blood tested was from appellant
0809233 Herman Tracy Evans v. Commonwealth of Virginia 08/06/2024
Judgment reversed and convictions dismissed as trial court erred finding evidence sufficient to convict appellant of resisting arrest, disorderly conduct, and animal cruelty; no evidence his remarks had direct tendency to incite breach of peace from reasonably trained police officer; no close proximity requirement met for resisting arrest; no intent to harm animal, Rule 5A:18
0868233 Timothy Preston Meadows v. Commonwealth of Virginia 08/06/2024
Trial court did not abuse its discretion excluding victim’s alleged inconsistent statements; appellant failed to identify any specific inconsistent statement and testimony never proffered in any form
0896232 Mattawoman Energy, LLC v. Cove Point LNG, LP 08/06/2024
Trial court erred granting summary judgment in favor of appellee on breach of contract claim; trial court abused its discretion refusing to allow appellant to conduct discovery relevant to its affirmative defenses; limiting discovery denied appellant’s substantive right to pursue legally cognizable defenses; judgment reversed and matter remanded for further proceedings
0900234 Glennard Kenny McFadden v. Commonwealth of Virginia 08/06/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of aggravated malicious wounding and finding permanent and significant impairment; no abuse of discretion in sentencing and in admitting prior acts of abuse as probative of intent and relationship between appellant and victim; challenge to unitary jury defaulted, Rule 5A:18
0959232 Taylor Neal Lickey v. Commonwealth of Virginia 08/06/2024
Trial court erred finding evidence sufficient for the jury to convict appellant of obstruction of justice; evidence insufficient to prove appellant obstructed the officer in his duties
1162232 Cody James Brouillard v. Commonwealth of Virginia 08/06/2024
Trial court did not err finding evidence sufficient to convict appellant of forging a check
1594224 Golden Key Group, LLC v. Communication Technologies, Inc. 08/06/2024
Trial court did not err finding parties’ subcontract continued past base term ending August 2018 and finding subcontract’s non-solicitation clause reasonable, valid, and enforceable; no error finding appellant breached subcontract and ordering compensation; trial court’s conclusions supported by evidence and no error denying appellant’s motion to strike
2002221 Albin Trevor Pearson v. Commonwealth of Virginia 08/06/2024
Judgment affirmed as trial court did not err ruling attempted arrest of victim and entry into his home were unlawful as a violation of Fourth Amendment; no error giving jury instructions consistent with the rulings; no abuse of discretion refusing to admit evidence of protective order and expert testimony based on analysis of body-camera video; other claim waived, Rule 5A:18
0126232 Grover Garnell Gordon, Jr. v. Commonwealth of Virginia 07/30/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of attempted murder, use of a firearm, aggravated malicious wounding, and discharging a firearm from a motor vehicle; jury could find appellant’s evidence did not prove circumstances of self-defense sufficient to create reasonable doubt and infer malice from appellant’s use of a deadly weapon
0369231 City of Norfolk v. Arianna Zoghi 07/30/2024
Trial court did not err granting Petition for Mandamus under VFOIA, ordering production of the documents, and awarding requested costs; matter remanded for determination of costs and attorney fees associated with the appeal
0516231 Michael R. Agnew, et al. v. 1309 Taylors Point Road, LLC 07/30/2024
Trial court did not err granting appellee’s motion for summary judgment and awarding appellee possession of the property and unpaid rent in an unlawful detainer action; appellee established a prima facie case of its right to possession; as appellant’s allegations of invalid title were insufficient, trial court did not err limiting its ruling to the issue of possession
0693232 Jason Franklin Maxwell v. Commonwealth of Virginia 07/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny, petit larceny, and property damage; circumstantial evidence, possession of stolen vehicle by appellant, and appellant’s actions sufficient to support jury’s conclusions; claim of inconsistent jury verdict waived, Rule 5A:18
0815231 Axios Partners, LLC v. Northampton County Board of Supervisors, et al. 07/30/2024
Trial court did not err affirming the denial of a special use permit by county board of supervisors; no error finding tourist cottage was a dwelling and consideration of density appropriate; no error finding actions of the board were not arbitrary and capricious and not a violation of constitutional rights; trial court properly applied fairly debatable standard
1410233 Uninsured Employer's Fund v. Joseph Thacker 07/30/2024
No error in Commission finding work-related accident caused shoulder injury to appellee and awarding temporary total disability and medical benefits; Commission properly placed burden of proving causation on appellee and found he carried that burden
1497232 Norris Goode, Jr. v. Huguenot Springs, LLC, et al. 07/30/2024
Trial court did not err sustaining demurrer to appellant’s claim of negligence; appellees had no duty to warn or protect appellant from unforeseen criminal conduct or control criminal actors’ behavior; appellees did not voluntarily assume duty to protect appellant
1561231 Wlimer Pineda v. Dante Siding, LLC, et al. 07/30/2024
No error in Commission denying appellant’s claim for benefits, finding he was an independent contractor and not an employee; appellant failed to meet his burden of demonstrating he was an employee
0114231 Marquis Jerome Fore v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant failed to comply with the terms and conditions of his plea agreement and finding him guilty of the felony offense of indecent liberties with a child; other arguments waived, Rules 5A:18, 5A:20
0137231 Jamar Mustafa Jones v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to prove instrument recovered from car was a firearm and for the jury to convict appellant of possession of a firearm by a convicted felon; no error denying his motion to suppress; no abuse of discretion denying appellant’s motion for a mistrial as any prejudice cured by instruction to jury
0169234 Ashburn Village Community Association, Inc. v. Waltonwood Ashburn, LLC 07/23/2024
Trial court did not err sustaining appellee’s demurrers to appellant’s second and third amended complaints for declaratory judgement, breach of contract, and injunctive relief; appellee was not the owner when the property was rezoned and was not in breach or subject to injunctive relief; request for declaratory judgment not plead in third amended complaint
0450231 Rashad Detwan Dooley v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of conspiracy to commit first-degree murder, conspiracy to commit burglary, and attempted robbery; record presents evidence of more than one person involved in the murder and burglary; other arguments precluded from consideration, Rule 5A:20(c)(i)
0627232 Kemari Jayshawn Booker v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of felony destruction of property and misdemeanor destruction of property; record contains ample evidence identifying appellant as the perpetrator; claim of inconsistent verdicts waived, Rule 5A:18
0708232 The Estate of Joseph Williams and Gary Williams v. Glenn Leo Williams 07/23/2024
Trial court did not err sustaining appellee’s demurrer that a detinue action was improper as appellant was not seeking recovery of a specific item of property
0799233 Teirra Shanae Poindexter v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of involuntary manslaughter and two counts of felony neglect for shooting committed by her child; appellant acted with reckless disregard for human life, was criminally negligent, and responsible for the death; victim’s contributory negligence does not factor in involuntary manslaughter analysis
0811233 Tracey Darnell Taylor v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as appellant’s claims are procedurally barred for failing to move to strike or set aside the verdict; ends of justice exception does not support overturning convictions for child endangerment or maliciously shooting within an occupied building, Rule 5A:18
0848231 Larry Lorenzo Taylor, Jr. v. Commonwealth of Virginia 07/23/2024
Judgment affirmed as trial court did not abuse its discretion by admitting a video of hit-and-run incident and denying motion for mistrial; any error harmless as admission of video cumulative of other evidence already admitted to prove identity of driver; appellant not entitled to mistrial as no reversible error admitting video
0885232 Douglas Wayne Potter v. Commonwealth of Virginia 07/23/2024
Trial court did not abuse its discretion sentencing appellant to an active prison sentence of 15 years; sentence imposed fell below statutory maximum; appellant found with approximately 50,000 lethal doses of Fentanyl and had a 40-year criminal record
0893231 Daniel Justin Rose v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of forcible sodomy and object sexual penetration of a child under 13, aggravated sexual battery of a child, and indecent liberties with a minor; no abuse of discretion permitting recorded interview with victim; mandatory life sentences for convictions of sodomy and object sexual penetration constitutional
0904232 John Halvorsen, et al. v. Powhatan County School Board 07/23/2024
Trial court did not err dismissing the petition for a writ of mandamus and denying motion to reconsider; mandamus is an extraordinary remedy unavailable to appellants as they had an adequate remedy at law
1039232 John Halvorsen, et al. v. Powhatan County School Board 07/23/2024
Trial court did not err dismissing the petition for a writ of mandamus and denying motion to reconsider; mandamus is an extraordinary remedy unavailable to appellants as they had an adequate remedy at law
1109231 Taejon Lamont Davis v. Commonwealth of Virginia 07/23/2024
Trial court did not abuse its discretion denying appellant’s motion to withdraw his guilty plea; no abuse of discretion finding appellant failed to carry his burden showing the motion to withdraw was made in good faith and had not offered a reasonable defense in support of the motion
1220233 George Christopher Lilly v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of five felony counts of financially exploiting a vulnerable adult by misappropriating funds that belonged to his incapacitated brother; no abuse of discretion finding appellant’s testimony not credible, Code § 18.2-178.1
1241233 Anthony Quentin Johnson v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant of uttering a forged public record and unlawfully obtaining a document from DMV; evidence refutes reasonable hypotheses of innocence
1524223 Danny Eugene Hearn, Jr. v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of violation of a protective order by stalking and attempted first-degree murder; evidence presented was sufficient for jury to find appellant had specific intent to kill victim; matter remanded to correct clerical error
1659222 Timothy Wayne Eacho v. Commonwealth of Virginia 07/23/2024
Trial court did not err finding evidence sufficient to convict appellant for assault and battery of a family member; no error finding parental privilege to discipline a child did not justify appellant’s use of force; appellant used excessive force and lacked a proper disciplinary purpose in grabbing, shoving, and throwing victim to ground, then squeezing her neck
0360241 Commonwealth of Virginia v. William Lamont Jones 07/16/2024
Trial court did err granting the motion to suppress and finding no reasonable suspicion to support a Terry detention; officer had reasonable suspicion that appellee had committed a criminal offense; reversed and remanded for further proceedings
0361234 Yemane Mehari v. Muzit Mesfun-Mehari 07/16/2024
Trial court did not abuse its discretion calculating child support and determining equitable distribution award; no error determining appellant owed child-support arrearages and unreimbursed costs for healthcare and tuition; trial court did not err in classification of bank and investment accounts; remanded to determine appellate attorney fees for appellee
0423234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8
0425234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8
0428234 Random Pinecone, LLC, et al. v. David Davies, et al. 07/16/2024
Judgment affirmed as trial court did not err finding for appellees on their tenant assertion and breach of lease regarding habitability claims, finding condition a serious threat to life, health, or safety of appellees, finding appellants failed to remedy condition within reasonable period of time and awarding attorney fees to appellees; other argument not preserved, Rule 5A:18
0660233 C & M Truck Repair, LLC v. Morgan Freight Services, LLC 07/16/2024
Trial court erred allowing appellee to nonsuit its loss of income claim as the claim was not pending when appellee moved for nonsuit; claim disposed and eliminated from case as demurrer granted on loss of income claim and deadline to file amended complaint had passed; judgment granting nonsuit reversed and case remanded for entry of order consistent with opinion
0785232 Keith Montrell Bailey v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of robbery and use of a firearm as a principal in the second degree; sufficient circumstances to conclude appellant assisted others robbing the victim and using a firearm; sufficiency argument with respect to conspiracy not before the court, Rule 5A:20
0995232 Anne P. Everett v. George Lee Parson, et al. 07/16/2024
Trial court erred sustaining appellees’ demurrer and ruling appellant’s mistaken belief property conveyed to her precluded claim for adverse possession; mistaken belief of ownership does not defeat hostile element for adverse possession; amended complaint sufficiently alleges other elements of adverse possession; judgment reversed and matter remanded for further proceedings
1014233 Bradley A. Hedrick v. Commonwealth of Virginia 07/16/2024
Trial court did not err finding evidence sufficient to convict appellant of trespass; no error rejecting appellant’s affirmative defense of bona fide claim of right
1463234 Raymond Frederick Goss v. Commonwealth of Virginia 07/16/2024
Judgment affirmed as trial court did not abuse its discretion finding refusal to complete outpatient program was non-technical violation and imposing an eight-month sentence for failing to report to probation; no abuse holding separate hearings for violations and finding technical violations did not rise from the same course of conduct; other argument waived, Rule 5A:8
1654231 William Vincent Scott v. Commonwealth of Virginia 07/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of discharging a firearm from a motor vehicle, unlawful wounding, and involuntary manslaughter; jury finding appellant ‘s actions not self-defense supported by the record and not plainly wrong; no abuse of discretion denying request to admit protective order as not subject to exception to hearsay rule
1818224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 07/16/2024
Trial court did not err granting appellees’ demurrer and dismissing appellant’s suits for personal injury and wrongful death; appellees had no common-law duty of care to maintain tree for safety of travelers on public road and neither statute nor ordinance established such an enforceable duty; nuisance claim not legally distinct from negligence claim
1819224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 07/16/2024
Trial court did not err granting appellees’ demurrer and dismissing appellant’s suits for personal injury and wrongful death; appellees had no common-law duty of care to maintain tree for safety of travelers on public road and neither statute nor ordinance established such an enforceable duty; nuisance claim not legally distinct from negligence claim
1990224 Christina Martinka v. PHI Group, Inc., et al. 07/16/2024
No error in Commission’s finding appellant injured in a work accident and unable to work December 1, 2017 to January 28, 2018; no error finding that she was not entitled to benefits after that time as she failed to market her residual capacity; no showing Commission committed reversible error; other arguments not preserved for appeal, Rule 5A:18
0066232 Kevin Mitchell v. Commonwealth of Virginia 07/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of first-degree murder, use of a firearm, aggravated malicious wounding, and use of a firearm; identification of appellant not inherently incredible; evidence sufficient to prove permanent physical impairment; claim identification was unreliable waived, Rule 5A:18
0091232 Pierre Le'Shon Paige v. Commonwealth of Virginia 07/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of possession with intent to distribute cocaine; any error denying motion to suppress appellant’s statements harmless as cumulative; no error denying motions to exclude and suppress evidence seized in warrantless search of rental car; search incident to arrest challenge waived, Rule 5A:18
0689234 Dexis Interactive, Inc., etc. v. International Business & Technical Consultants, Inc. 07/09/2024
Trial court did not err sustaining appellee’s plea in bar and dismissing appellant’s suit for anticipatory breach of contract and declaratory judgment with prejudice; plain language of the contract does not support appellant’s claims
0715232 Hanover County, et al. v. Scott W. Moore 07/09/2024
No error in Commission finding appellant’s thoracic aortic aneurysm was heart disease under Code § 65.2-402(B) and awarding lifetime medical benefits; Commission’s factual findings supported by credible evidence
1070231 Mwando Michael Amerson v. Commonwealth of Virginia 07/09/2024
Trial court did not err finding appellant remained a sexually violent predator, Code § 37.2-910
1157233 Bradley Allen Roloson v. Carroll County Department of Social Services 07/09/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights pursuant to Code § 16.1-283(C)(2) and approve the foster care goal of adoption; no error finding no suitable permanent family placement
1587232 Jeffrey Dylon Hardin v. Hopewell Department of Social Services 07/09/2024
Judgment affirmed as trial court did not err finding sufficient evidence to terminate appellant’s parental rights pursuant to Code § 16.1-283(B) and (C)(2); no error finding termination in the best interest of the child, parent unwilling to correct his behavior, and no suitable permanent family placement; other claim waived, Rule 5A:20(e)
1956224 Under Wild Skies, Inc. v. National Rifle Association of America 07/09/2024
Trial court did not err denying appellant’s motion to set aside jury’s verdict as result of failure to give proposed jury instruction; no abuse of discretion denying appellant’s proposed jury instruction as Virginia law does not recognize the doctrine of reasonable assurances
1965224 National Rifle Association of America v. Under Wild Skies, Inc. 07/09/2024
Judgement affirmed as trial court did not err denying appellant’s motion to set aside jury’s verdict as supported by the evidence; no error denying affirmative defense of fraudulent invoicing as evidence inadequate to support defense; no error denying defense of recoupment as payments not part of same transaction; other recoupment claim waived, Rule 5A:18
0174232 Chinico Davenport v. CBR Motorwerx, LLC 07/02/2024
Judgment affirmed as appellant made no objections to any of the trial court’s rulings; claims of error waived by not timely filing transcript or written statement of facts; appellee’s request for sanctions and attorney fees waived, Rules 5A:8(c), 5A:18
0333231 Anthony Sahadeo v. City of Norfolk 07/02/2024
Trial court did not err denying appellant’s request for a jury trial as untimely and granting motion for summary judgment; appellant’s jury request was untimely as filed more than ten days after the last pleading directed to the issue; no abuse of discretion granting appellee’s motion in limine; appellant not deprived of due process in grant of summary judgment
0416234 Ritcon, LLC, d/b/a Advanced Contents Recovery v. Susan Doran 07/02/2024
Judgment affirmed in part and reversed in part; trial court erred in awarding punitive damages to appellee as no evidence of willful and wanton conduct; remaining claims and assignment of cross-error are either waived or moot; as appellant did not challenge liability for negligence or conversion, challenge to compensatory damages waived, Rule 5A:18
0485233 Joshua Luke Curry v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possession with intent to distribute methamphetamine; totality of circumstances allowed finding of intent to distribute drugs; no abuse of discretion handling cross-examination of witness and limiting appellant’s closing argument; other claims waived, Rule 5A:18
0580231 Peter W. Babar v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm as a violent felon; testimony of witness, appellant’s conduct as corroborated by video footage, and circumstantial evidence permitted court to find appellant possessed actual firearm
0652232 Rakim Jamal Jackson v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding and possession of a firearm by a violent felon; video evidence sufficient to find no immediate and real threat to appellant and no act of necessity; no abuse of discretion giving jury instruction defining imminent danger that correctly stated law of self-defense;
0667234 Richetta Veronique Hammonds v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of drinking while driving, driving while intoxicated, and following too closely; no abuse of discretion permitting testimony about not administering breath test and denying proposed jury instruction; remanded to correct scrivener’s error; jury question claim waived, Rule 5A:20
0706234 Noor A. Popal v. Sanjay Garg 07/02/2024
Judgment affirmed as trial court did not abuse its discretion sustaining objection to testimony on causation of neck injury, instructing the jury on mitigation, and denying appellant’s motion to set aside verdict and for new trial; jury verdict not inadequate as a matter of law; claims of error admitting testimony as outside scope of direct and improper bias waived, Rule 5A:18
1146222 Kyle Raymond Potts v. Commonwealth of Virginia 07/02/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of four counts of possession of a controlled substance with intent to distribute; evidence sufficient to prove constructive possession of the drugs; no error denying motion to set aside the verdict as appellant failed to prove impeachment evidence was material and prejudicial
1210232 Heather K. L. Corpin v. City of Fredericksburg Department of Social Services 07/02/2024
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) and approving the foster care goal of adoption; no error finding termination in the best interest of the child, that parents failed to substantially remedy circumstances that caused the child to be placed in foster care, and finding no suitable relative placement
1301231 Isadore Miracle Humphrey, II v. Commonwealth of Virginia 07/02/2024
Trial court did not err denying appellant’s motion to suppress evidence of firearm; appellant’s seizure was not made in violation of Fourth Amendment as officers possessed reasonable suspicion to detain appellant, conduct a pat-down, and retrieve firearm
1440232 Fernando Montero Laboy v. City of Fredericksburg Department of Social Services 07/02/2024
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) and approving the foster care goal of adoption; no error finding termination in the best interest of the child, that parents failed to substantially remedy circumstances that caused the child to be placed in foster care, and finding no suitable relative placement
1637233 Eugene Brown v. Ariana Chantel Showalter, et al. 07/02/2024
Trial court did not err dismissing appellant’s personal injury and property damage lawsuit for failing to timely serve appellee; no error finding appellant did not act with due diligence to obtain service of the complaint within twelve months, Code § 8.01-275.1
1915231 Ashlee Nicole Phoenix v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not abuse its discretion imposing active sentence in a violation of probation matter; due process claim and claim related to alleged absence of factual findings waived, Rule A:18
1945223 Cristian Alejandro Perez v. Commonwealth of Virginia 07/02/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of possessing 10 to 100 grams of methamphetamine with intent to distribute; evidence supports finding appellant possessed methamphetamine; assignment of error to challenge sufficiency of evidence regarding distribution waived, Rule 5A:20(e)
0162241 Commonwealth of Virginia v. Joseph Corcoran 06/25/2024
Trial court did not err granting appellee’s motion to suppress all evidence seized from wallet; gaps in record preclude application of the search-incident-to-arrest doctrine as record silent as to when search of wallet occurred; lack of evidence precludes application of inevitable-discovery doctrine; reliance on good-faith exception misplaced based on circumstances
0606234 Felicia N. Speller v. Sentara Norfolk General Hospital, et al. 06/25/2024
No error in Commission finding appellant had not timely requested review of compensation award, concluding it lacked jurisdiction, and denying her request for review
0625231 5800 HVB, LLC v. Harbour View Commerce Association, Inc. 06/25/2024
Trial court did not err denying appellant’s suit seeking declaratory judgment that appellee was required to approve any use permitted in a B-2 district as a matter of right; no error finding the review board was authorized to reject appellant’s plans to develop its property as failing to conform to the overall plans within the commerce center
0796232 Gregory Fuller v. Commonwealth of Virginia 06/25/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of failure to reregister as a sex offender; evidence sufficient appellant knew of duty to register and how to properly complete reregistration form; argument that merely timely filing of an incomplete form satisfied reregistration not properly before the court, Rule 5A:18
1657224 2000 Courthouse, LLC v. Abal Courthouse, LLC, d/b/a Chercher Ethiopian Restaurant and Cafe 06/25/2024
Trial court did not abuse its discretion denying appellant’s request for attorney fees as he did not establish fees were reasonable and incurred to litigate lease dispute
2009224 Abal Courthouse, LLC, d/b/a Chercher Ethiopian Restaurant and Cafe 06/25/2024
Trial court did not err finding evidence sufficient appellant breached the lease agreement by not paying rent and condition precedent to pay rent had occurred; trial court did not err excluding certain evidence as cumulative or irrelevant
2035232 Willard Chapman v. Henrico County Department of Social Services 06/25/2024
Judgment affirmed as trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2); argument for appeal not preserved, and ends of justice exception not appropriate as adequate evidence supports the decision, Rule 5A:18
0028234 Keiry Marisol Torres, s/k/a Kiery Marisol Torres v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not err denying appellant’s motion to vacate as requirement that sworn advisement form be attached to summons is procedural and not substantive; any error giving jury instruction harmless as record shows jury had come to a decision on the charge of refusing a breath or blood test before instruction given
0388232 Celvin Eraldo Corado Beltran v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as appellant failed to preserve his arguments challenging the voluntariness of his plea and admission of Commonwealth’s proffer; ends of justice exception does not apply as no demonstration trial court erred and no showing of manifest injustice, Rule 5A:18
0445232 Roy Black v. C. T. Woody, Jr., et al. 06/18/2024
Trial court did not abuse its discretion excluding expert testimony offered by appellant where sole designation stated standard of care breached by failure to timely send appellant to the hospital; record supports expert not familiar with policies associated with transferring an inmate to the hospital; no error granting appellees’ motions to strike evidence
0481234 John Thomas Bey v. Commonwealth of Virginia 06/18/2024
Judgment waived as trial court did not err finding evidence sufficient for jury to convict appellant of attempted malicious wounding of law enforcement officers; evidence supports conclusion appellant knew occupants of vehicle were police; claim challenging conviction for maliciously shooting at an occupied law enforcement vehicle waived, Rules 5A:18, 5A:20(e)
0632232 Travis Aaron Ball v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not abuse its discretion admitting body-worn camera video, recording of a video call from jail, and a portion of the transcript from appellant’s capital murder conviction sentencing hearing during revocation hearing; admissions relevant to provide context and determine whether and how to modify suspended sentence, Rule 5A:18
0762231 Richard Eugene Stoner v. Commonwealth of Virginia 06/18/2024
Trial court did not err denying appellant’s motion to suppress his confession; appellant not subject to custodial interrogation before being advised of Miranda rights and confession not a product of intimidation, coercion, or deception; no abuse of discretion denying motion to recuse prosecutors as appellant failed to establish they were necessary witnesses
0790233 Mark Wayne Gusler v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient to convict appellant of use of a sawed-off shotgun during a crime of violence; assault and battery and use of the shotgun do not violate double jeopardy as each offense contained an element the other does not; no abuse of discretion allowing evidence of prior threat to victim as probative of appellant’s intent to kill victim
0906232 Andrew Gordon Luck v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation; victim’s testimony not inherently incredible and evidence sufficient to show victim suffered a bodily injury
1086234 John Michael Wolfe v. Patrick R. Woolley, et al. 06/18/2024
Trial court did not abuse its discretion denying appellant’s petition to proceed in forma pauperis; claim of error for dismissing motion for reconsideration not considered as decided 31 days after final order
1426223 Gregorio Maria Paone v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery of a family member; no abuse of discretion allowing contested testimony as no Brady violation and appellant failed to show materiality of statement or prejudice; no abuse of discretion rejecting appellant’s proposed jury instruction on self-defense
1449233 Dominic Thomas Novia v. Commonwealth of Virginia 06/18/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder, use of a firearm, and malicious shooting into an occupied building; evidence, circumstantial and direct, overwhelmingly supports the finding appellant shot and killed his grandmother
1801224 Sharon Robertson, et al. v. Ricky Wes Loy 06/18/2024
Judgment affirmed as trial court did not err dismissing appellants’ breach of contract claims on claim preclusion grounds; trial court did err dismissing the negligence claims under the economic-loss rule and matter remanded for further proceedings; challenge to breach of warranty claims waived, Rule 5A:18
1818224 Angelo J. Carmello, Jr., etc. v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 06/18/2024
For reasons appearing to the Court, the opinion issued is withdrawn.
1819224 Angelo J. Carmello, Jr., v. Kelly Marie Adams Cockerill, a/k/a Kelly Cockrill, et al. 06/18/2024
For reasons appearing to the Court, the opinion issued is withdrawn.
1972221 Michael Alan Webb v. Commonwealth of Virginia 06/18/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant was competent to represent himself at trial; appellant timely, clearly and unequivocally, and voluntarily, knowingly, and intelligently waived counsel; Rules 5A:18, 5A:20
0096232 Mathew P. Appelget, et al. v. Pig and Pearl BBQ LLC 06/11/2024
Trial court erred granting remedy of recission for appellee on the breach of contract claim; evidence did not support findings of profitability, or distributions; appellee abandoned any appropriate remedy regarding failure to provide financial records; scrivener’s error as to default judgment; matter reversed and remanded to enter an order consistent with opinion
0341234 Robel Abebe Getachew v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as appellant waived argument that trial court abused its discretion instructing jury on permissive inferences arising from BAC results; appellant waived arguments challenging admissibility of certificate of analysis by introducing evidence of the same character; any error admitting witness testimony regarding search warrant harmless as cumulative
0354232 Timothy Adkins v. King and Queen County Department of Social Services 06/11/2024
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the child; appellant had been unwilling or unable to remedy substantially the conditions which led to foster care placement
0379232 Belynda Hilton v. King and Queen County Department of Social Services 06/11/2024
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1 283(C)(2) and finding termination was in the best interests of the child; appellant had been unwilling or unable to remedy substantially the conditions which led to foster care placement
0385233 Gregorio Corona Valderama, a/k/a Juan Carlos Becerra-Reyes v. Commonwealth of Virginia 06/11/2024
Trial court did not err denying appellant’s motion to strike and finding evidence sufficient to convict appellant of distributing between 10 and 100 grams of methamphetamine; no abuse of discretion determining requisite chain of custody to admit drugs and certificate of analysis identifying the drugs
0573232 Anthony Lamont Brown v. Commonwealth of Virginia 06/11/2024
Trial court did not abuse its discretion refusing to instruct the jury on voluntary manslaughter; not a scintilla of evidence was presented at trial that appellant acted in the heat of passion upon reasonable provocation
0607231 Rocky A. Mugynei, II v. Commonwealth of Virginia 06/11/2024
Trial court did not err finding evidence sufficient to convict appellant of voluntary manslaughter and felony child abuse; evidence sufficiently established appellant caused the child’s injuries and failed to provide necessary care for the child; no abuse of discretion limiting cross-examination of a witness as beyond the scope of direct examination
0631234 Jose Pedro Marquez Martinez v. Commonwealth of Virginia 06/11/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant on four counts of sexual battery and that victim’s testimony was not inherently incredible
0648231 Antwan Christopher Williams v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not abuse its discretion admitting videotaped forensic interviews of two victims at appellant’s trial, or admitting out-of-court statements made by victims to their mother as corroboration of their testimony; argument the trial court required to view videos waived, Rule 5A:18
0704231 Ebonee Arnae Hines v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as appellant’s claim trial court erred convicting her of assault and battery of a family member where that charge was not a lesser-included offense of the indicted charge not preserved; ends of justice exception does not apply under the facts and circumstances of this case where record contains evidence establishing her guilt, Rule 5A:18
0735231 City of Portsmouth, et al. v. Robert Ayers 06/11/2024
Judgment affirmed as no error in Commission finding appellee entitled to continuing temporary total disability benefits beginning January 2022; Commission’s findings supported by credible evidence in the record; other argument not preserved for appeal, Rule 5A:18
0768233 Robert Allen Brotherton v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of aggravated malicious wounding and strangulation; no abuse of discretion admitting certain medical records into evidence; appellant failed to preserve speedy trial claim and sufficiency of evidence on two other charges, Rules 5A:18 and 5A:20
1590224 Ticonderoga Farms, LLC, et al. v. Alexander B. Knop, et al. 06/11/2024
Trial court did not err granting appellees’ motion for dissolution and declaratory judgment and denying appellants’ motions to strike and for summary judgment; no error finding res judicata did not apply to appellants’ attempt to enforce draft operating agreement; no error to deny appellants’ motion to disassociate appellees as not an appropriate remedy
1840221 Amos Jacob Arroyo v. Commonwealth of Virginia 06/11/2024
Judgment affirmed as trial court did not err finding appellant’s speedy trial rights were not violated and finding evidence sufficient for the jury to convict appellant of two counts of first-degree murder, two counts of use of a firearm, and other charges; no abuse of discretion rejecting appellant’s proffered jury instructions, Rules 5A:18 and 5A:20(e)
1910224 Mumeet Muhammad, s/k/a Tonie Macklin v. Commonwealth of Virginia 06/11/2024
Trial court did not err denying motion to strike and finding evidence sufficient to convict appellant of aggravated malicious wounding and abduction; no error denying motion to suppress his statements to police; no abuse of discretion denying chain-of-custody objection, refusing jury instruction on use of deadly force by police, or admitting 911 call as excited utterance
0229231 Carlos Eduardo Molina v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient to establish jurisdiction and for the jury to convict appellant of aggravated sexual battery; no abuse of discretion allowing testimony of victim’s father, denying appellant’s motion for mistrial, and sentencing appellant to ten years of supervised probation after his release from custody
0288233 Curtis Ray Spurlock v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence was sufficient for a jury to convict appellant of two counts of rape, two counts of object sexual penetration, and related charges; no error finding sufficient evidence of identity, supervisory relationship to victims, jurisdiction, ages of the victims, and age of the appellant
0347232 James Larry Cribbs, Jr. v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of one first offense and six subsequent offenses of use of a communication system to solicit a child to engage in sex acts; no abuse of discretion finding chain of custody established and admitting contents of appellant’s cell phone
0545231 Kurupt Mahdi v. Commonwealth of Virginia 06/04/2024
Trial court did not err denying appellant’s motion to suppress evidence for lack of probable cause to search his vehicle; officer observed what was believed to be a controlled substance in plain view inside the vehicle
0671231 Kurt Daniel Crowell v. Commonwealth of Virginia 06/04/2024
Trial court did not err denying appellant’s motion to suppress evidence; warrant sufficiently particular and did not violate Fourth Amendment
0716233 Kristen Bowes v. Franklin County Department of Social Services 06/04/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights under Code § 16.1-283(B); evidence demonstrated it was not reasonably likely the conditions that resulted in the childrens’ neglect or abuse could be substantially corrected or eliminated within a reasonable period of time
0742231 Xavier Demonye Bonilla v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient to convict appellant of second-degree murder and reject appellant’s self-defense claim; no abuse of discretion sustaining objection to the introduction of evidence of victim’s prior behavior where nothing in proffer included acts of violence or a propensity for violence
0846234 Christina Boyer v. Frederick County Board of Supervisors 06/04/2024
Trial court did not err sustaining demurrer to appellant’s complaint for declaratory judgment that appellant was entitled to a conditional use permit; complaint failed to sufficiently allege appellee’s action was arbitrary, capricious, or not fairly debatable under Code § 15.2 2285; no abuse of discretion denying motion to file second amended complaint;
0873234 Rodrigo Burela Peralta v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of driving under the influence; abundant circumstantial evidence appellant was under the influence of alcohol
1407223 Ted Anthony Jennings, Jr. v. Commonwealth of Virginia 06/04/2024
Petition for Rehearing En Banc granted
1534233 Lacy HighSmith v. Franklin County Department of Social Services 06/04/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights under Code § 16.1-283(C)(2); evidence demonstrated appellant had failed to remedy the conditions that led to the childrens’ placement and continuation in foster care within a reasonable period of time.
1748224 Yafet Ghebreyesus Yohannes v. Commonwealth of Virginia 06/04/2024
Judgment affirmed as issues based upon application of Code § 19.2-306.1 to probation violation hearings were not preserved; ends of justice exception does not apply as appellant invited the error, Rule 5A:18
1854221 Antonio Lee Sutton v. Commonwealth of Virginia 06/04/2024
Trial court did not err finding evidence sufficient for the jury to find premeditation and convict appellant of first-degree murder or denying his motions to strike; no abuse of discretion rewording voir dire questions or denying motion to strike cohabiting jurors; no abuse of discretion limiting testimony of a defense witness or denying mistrial based on conduct of juror
0072234 Covanta Fairfax, LLC, et al. v. Lexington Insurance Company, as Subrogee, etc. 05/28/2024
Trial court abused its discretion dismissing case for breach of contract against appellant without prejudice; as the occurrence of the condition precedent, delivery of reconciliation statement and invoices had expired, case should be dismissed with prejudice; waiver provision not applicable to condition precedent; reversed and remanded for entry of order consistent with ruling
0236231 Karnell R. Pough, Jr. v. Commonwealth of Virginia 05/28/2024
Judgment affirmed as trial court did not err denying appellant’s motion to strike and finding evidence sufficient for the jury to reject the claim of self-defense and convict him of second-degree murder; no error denying motions to suppress; no abuse of discretion refusing one of appellant’s proffered jury instructions; other challenges not preserved, Rules 5A:18 and 5A:20
0260233 Steven Wade Carter v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of six counts of rape, six counts of object sexual penetration, and six counts of forcible sodomy; evidence sufficient to support proper venue in Pittsylvania County for one count of rape; victim’s testimony was not inherently incredible
0340231 Timothy Dennis Hilgers v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence was sufficient to convict appellant of felony driving on a revoked license; possible for a rational factfinder to find appellant’s failure to check adjacent lane before shifting endangered others or their property
0522233 Thomas R. Kelley, et al. v. James R. Nisbet 05/28/2024
Judgment affirmed as trial court did not err granting the plea in bar filed by appellee and dismissing appellants’ complaint; appellants failed to sufficiently plead they had statutory standing to bring the action for accounting under Code § 64.2 1614; argument waived that leave to amend should have been granted when no request to amend made, Rule 5A:18
0546234 Kraig Danielson, et al. v. Windswept Farm VA, LLC 05/28/2024
Judgment affirmed as trial court did not err granting default judgment against appellant; appellant failed to file an answer as ordered and failed to preserve challenges to trial court’s order, Rule 5A:18
0589233 Virgil Naff, Jr. v. Sara Lou Fackina 05/28/2024
Trial court did not abuse its discretion denying the motion to set aside the jury’s zero-dollar verdict; liability was admitted, but not causation or damages; jury instructions permitted a determination of a zero-dollar verdict and the verdict is supported by the evidence
0590233 Virgil Atlee Naff v. Sara Lou Fackina 05/28/2024
Trial court did not abuse its discretion denying the motion to set aside the jury’s zero-dollar verdict; liability was admitted, but not causation or damages; jury instructions permitted a determination of a zero-dollar verdict and the verdict is supported by the evidence
0797222 Kenneth P. Dubs, Sr. v. Thomas Mancuso 05/28/2024
Trial court did not err dismissing appellant’s appeal of the district court’s denial of motion to set aside a default judgment as not a final appealable order; trial court lacked subject matter jurisdiction and correctly dismissed the appeal; signature defect in appeal bond properly cured
0863234 Ernest Brant, et al. v. Sondra J. Schneider 05/28/2024
Trial court did not err denying appellants’ application under Rule 1:1A for attorney fees; Rule 1:1A permits, not mandates, a prevailing appellee’s recovery of appellate attorney fees and it is not an independent cause of action to recover attorney fees; trial court bound by Supreme Court’s decision to dismiss appellants’ motion for sanctions against appellee
1291233 Jennifer Lynn Williams v. Commonwealth of Virginia 05/28/2024
Trial court did not abuse its discretion admitting the certificate of analysis from appellant’s breath test; trooper substantially complied with Code § 18.2 268.9 even though appellant was not given a copy of the breath test results at time of the test
1660221 Elthon Valerio v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding evidence sufficient to sustain appellant’s convictions of malicious wounding, use of a firearm in commission of a felony, and possession of a firearm by violent felon; evidence sufficient to overcome claim of self-defense and demonstrate malice; no abuse of discretion denying bail during pendency of the appeal
1768222 Ondria Samuel Hardeman v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding sufficient evidence for the jury to convict appellant of aggravated sexual battery; evidence of both actual and constructive force sufficient to support appellant’s conviction
1774222 Zavia Raymon Murphy v. Commonwealth of Virginia 05/28/2024
Trial court did not err finding delays due to pandemic that did not involve intentional harm or negligence toward appellant were valid, unavoidable, and fully justified; trial court previously erred weighing delays caused by pandemic, assertion of right to speedy trial, and prejudice in appellant’s favor and dismissing the indictments on constitutional speedy trial grounds
1894222 Hussin F. Abed Ali, s/k/a Hussein Abed Ali v. Commonwealth of Virginia 05/28/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict of abduction and denying motion to suppress; harmless error admitting hearsay testimony by deputy; arguments regarding admission of interpreter’s statements, definition of personal liberty, and refusal to allow video recording of custodial interrogation waived, Rules 5A:18 and 5A:20
0026234 Steven E. Vivirito v. Anne Marie Vivirito 05/21/2024
Judgment affirmed as trial court did not err determining equitable distribution award for appellant’s retirement, amount owed to appellee, and attorney fees to appellee; having paid the amount owed and attorney fees, appellant waived those arguments; appellee entitled to award of appellate attorney fees and case remanded for determination; other argument waived, Rule 5A:20
0046231 Melvin Edgardo Molina-Ramos, s/k/a Melvin Edgar Molina-Romas v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of solicitation to commit murder, conspiracy to commit murder, gang participation, and accessary after the fact; no abuse of discretion admitting conviction orders to establish existence of a criminal street gang; other claim waived, Rule 5A:20(c)
0176232 Manuel Meza Guiterrez v. Perdue Farms, Inc., et al. 05/21/2024
No error in Commission’s finding that appellant failed to prove his fall arose out of his employment; any conclusion about the specific reason for the fall merely speculative
0258233 Julie Karole Garten v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding evidence sufficient to convict appellant of child endangerment; no abuse of discretion allowing cross-examination of appellant about prior involvement with Child Protective Services after door opened on direct examination; totality of conduct and circumstances sufficient to satisfy gross, wanton, and culpable standard of criminal negligence
0298232 Chrishawn Hickman, s/k/a Chrishawn Donnell Hickman v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress evidence; no violation of Fourth Amendment rights when police stopped his car, seized firearms inside, and retained car and firearms; arguments challenging stop and seizure of firearms waived; appellant failed to meet burden to invoke ends-of-justice exception, Rules 5A:18 and 5A:20
0476231 Willie Floyd, Jr. v. Commonwealth of Virginia 05/21/2024
Judgement affirmed as trial court did not err finding evidence sufficient for the jury to find premeditation and convict appellant of first-degree murder and use of a firearm; no abuse of discretion admitting evidence of his prior physical abuse of former girlfriend as relevant to motive; argument challenging admission of evidence as prior bad acts not preserved, Rule 5A:18
0537234 Mary Pat O'Brien v. Northern Virginia Community College/Commonwealth of Virginia 05/21/2024
No error in Commission denying appellant’s claim for benefits, finding that appellant failed to prove her injury arose out of her employment; appellant failed to meet her burden showing the Commission committed reversible error
0750232 James Albert Hartsfield v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding evidence sufficient to convict appellant of aggravated sexual battery; no abuse of discretion allowing testimony regarding an anatomical drawing and admitting documentation of the victim’s mental condition
0756232 Allan Johnson, Sr. v. Henrico Department of Social Services 05/21/2024
Trial court did not err terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2); no abuse of discretion finding evidence sufficient to prove appellant failed to remedy conditions which led to foster care placement within a reasonable time and that termination in best interest of the child
0820233 Stephen Millard v. Commonwealth of Virginia 05/21/2024
Trial court did not err finding appellant remained a sexually violent predator; finding is supported by the totality of the record and expert opinion, Code § 37.2-910
0842232 Devin Oshea Jones v. Commonwealth of Virginia 05/21/2024
Trial court did not err denying appellant’s Batson challenge to Commonwealth’s use of two of its four peremptory strikes or finding appellant failed to establish a prima facie case of racial exclusion; Commonwealth provided race-neutral explanations for striking the two jurors; appellant’s conviction for possession or transportation of a firearm upheld
0866233 Richard Cori Harth, a/k/a Gabriella Anathema v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding appellant had intent to deprive his mother of the vehicle and evidence sufficient to convict appellant of carjacking; argument that trial court erred by excluding sanity evaluation at sentencing waived, Rule 5A:18
1557222 Rhonn Malique James v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of rape by means of physical helplessness; no abuse of discretion denying appellant’s proposed jury instructions; challenge to admission of expert testimony waived, Rule 5A:18
1608224 James Vega, et al. v. Katryn Naomi Vega, et al 05/21/2024
Trial court erred sustaining the plea in bar as trial court had jurisdiction to proceed with the adoption petition; plain language of Code § 63.2-1242.3 does not state failure to maintain continuous physical custody imposes an absolute legal bar; matter reversed for further proceedings
1790222 David M. Green v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not abuse its discretion granting Commonwealth’s motion in limine to exclude appellant’s proffered evidence relevant to necessity defense; evidence failed to establish more than a scintilla of evidence appellant reasonably feared an imminent threat of harm
1934222 Brady Andrew Reed v. Commonwealth of Virginia 05/21/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of attempted strangulation and assault and battery of police officer; no abuse of discretion imposing sentence within statutory sentencing range and admitting evidence of prior fight to explain appellant’s injuries as probative value outweighed prejudice, Rule 5A:18
1947221 Brian David Crockett v. Commonwealth of Virginia 05/21/2024
Trial court did not err denying appellant’s motion to set aside verdict, finding evidence sufficient to prove appellant participated in a conspiracy, and for the jury to convict him of two counts of conspiracy to deliver a controlled substance to an inmate; totality of circumstances supports jury rejection of appellant’s hypotheses of innocence
0020234 Michael David Smail v. Commonwealth of Virginia 05/14/2024
Trial court abused its discretion convicting appellant of three counts of failure to appear; convictions reversed as no evidence of timely notice of September hearing date in the record
0098233 Timothy Alan Redman v. Roanoke City Department of Social Services 05/14/2024
Judgment affirmed as trial court did not err removing appellant’s child, placing child in the custody of the department of social services, and approving foster care plan with primary goals of relative placement and adoption; no error concluding child had been abused and neglected, finding reasonable efforts to prevent removal, and no less drastic alternative, Rule 5A:20(e)
0156233 Tracy Lynn Cline v. Roanoke City Department of Social Services 05/14/2024
Judgment affirmed as trial court did not err removing appellant’s child, placing child in the custody of the department of social services, and approving foster care plan with primary goals of relative placement and adoption; no error concluding child had been abused and neglected, finding reasonable efforts to prevent removal, and no less drastic alternative, Rule 5A:18
0234232 Willie Jackson Farley, III v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of aggravated malicious wounding, arson, burglary, and robbery; any error regarding jury instructions waived as not objected to at trial; ends of justice exception not applicable as the record contains overwhelming evidence of guilt and any error harmless, Rule 5A:18
0282231 Tony Curtis Spivey v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress; traffic stop supported by reasonable suspicion that appellant’s driver’s license was suspended; evidence established vehicle lawfully impounded, search and impoundment pursuant to standard police procedures, and search not pretextual in nature; other argument not preserved, Rule 5A:18
0311232 David Nielsen v. Tremblay & Smith, PLLC 05/14/2024
Trial court did not err finding appellee breached the legal services contract October 1, 2020 and appellant was not required to pay attorney fees after that date; unclean hands doctrine does not prevent appellee from collecting any attorney fees before October 1, 2020
0395231 Darrell Jamal Boyd v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding and domestic assault and battery; circumstantial evidence supports conclusion appellant assaulted victim and shot with intent to maim, disable, disfigure, or kill
0441232 Preston John Thomas Hamlin v. Commonwealth of Virginia 05/14/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress evidence obtained after searching vehicle driven by appellant; no abuse of discretion admitting certificates of analysis for substances and firearms; arguments as to reasonable suspicion to detain and search exceeding scope of stop not preserved, Rules 5A:18 and 5A:20(e)
0598231 Tony Lamonte Brown v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient to identify appellant, prove malice, and convict him of attempted malicious wounding, use of a firearm, and carrying a concealed weapon; no error finding appellant failed to carry his burden to prove self-defense
0777231 Lewis Darnell Skinner, Jr. v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possession of a firearm by a violent felon and denying his motion to strike; evidence sufficient to prove appellant was aware of the firearm’s presence and that he constructively possessed the firearm
0924234 National Rural Electric Cooperative Association v. Arlington County 05/14/2024
Judgment affirmed as trial court did not err finding inverse condemnation claim barred by statute of limitations; claim trial court erred dismissing appellant’s claim for not complying with Code § 15.2 1247 as requirements did not apply or were moot not preserved for appeal; claim County estopped from asserting statute of limitations waived, Rules 5A:18 and 5A:20(e)
1074234 Hisham El-Hamayel v. Michelle El-Hamayel, n/k/a Michelle Abusada 05/14/2024
Judgment affirmed as trial court did not abuse its discretion amending appellant’s child support obligation; trial court did not impute additional income, but made a factual determination of income and was not required to explain why it deviated from presumptive guidelines; claims of error awarding appellee attorney fees and determining appellant’s income waived, Rule 5A:8
1239222 Jack Marshall Heverin v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of six counts of attempted aggravated murder of a law enforcement officer, use of a firearm, conspiracy to commit murder by mob, attempted burglary, and conspiracy to commit burglary and robbery; triggerman rule does not apply to attempted aggravated murder, Code § 18.2 18
1332232 Pamela Jean Labuda v. Commonwealth of Virginia 05/14/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny; evidence sufficient to establish intent to permanently deprive
1564233 Michael Brumfield v. Commonwealth of Virginia 05/14/2024
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910
1709223 Suzanne E. Egolf v. First Citizens Bank & Trust Company, et al. 05/14/2024
Judgment affirmed as trial court did not err sustaining demurrers to appellant’s complaint and amended complaint seeking recission of a foreclosure sale and damages; given the combination of the incomplete record for review and insufficiency of appellant’s opening brief, arguments on appeal are waived, Rules 5A:8(b)(4)(ii) and 5A:20(e)
0071233 Ahmad Halim Mubdi v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient for jury to convict appellant of first-degree murder, use of a firearm, and possession of a firearm; no abuse of discretion admitting videos as they were properly authenticated by witnesses to the events; no abuse admitting statements in 911 call as they were nontestimonial in response to an ongoing emergency
0154233 Robert Lee Webb v. Commonwealth of Virginia 05/07/2024
Trial court did not abuse its discretion refusing appellant’s jury instruction addressing circumstantial evidence as the Commonwealth did not rely exclusively or substantially on circumstantial evidence; granted instructions fully and fairly covered the principles of law contained in the proffered instruction
0247231 Brandon Michael Expectacion v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to convict appellant of statutory burglary; evidence of appellant’s intent to commit larceny at the time of entry sufficient to support conviction
1049232 Terrell Malik Upson v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to deny motion to strike and for jury to convict appellant of possession of child pornography; evidence sufficient to prove appellant knowingly possessed images of child pornography on his phone
1407223 Ted Anthony Jennings, Jr. v. Commonwealth of Virginia 05/07/2024
Trial court did not err sentencing appellant to a two-year period of mandatory incarceration for possessing a firearm within ten years of being adjudicated delinquent of a non-violent felony offense; juvenile adjudication is a predicate offense under Code § 18.2-308.2(A)
1501222 Bryan Allen Pittman v. Commonwealth of Virginia 05/07/2024
Trial court did not err finding evidence sufficient to convict appellant of three counts of aggravated sexual battery, two counts of sodomy, and two counts of object sexual penetration of a child under thirteen; victim’s testimony not inherently incredible; trial court did not err denying appellant’s motion to vacate the convictions based on discovery of new evidence
1696222 Heath Limuel Jones v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of unlawful wounding and destruction of property; evidence sufficient to demonstrate appellant possessed required intent and reject appellant’s proffered defense-of-others theory; no abuse of discretion refusing appellant’s jury instructions; other argument waived, Rule 5A:20
1784222 Jason Michael Bryant v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err refusing to strike a juror for cause; record supports trial court’s conclusion juror did not hold preconceived opinions or fixed biases he could not lay aside; argument juror’s presence on the jury undermined public’s confidence not preserved, Rule 5A:18
1895224 Darrin Mark Robertson v. Commonwealth of Virginia 05/07/2024
Petition for Rehearing granted
1960221 Gabriel Darius Ingram v. Commonwealth of Virginia 05/07/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of rape; evidence sufficient to show sexual encounter nonconsensual; no abuse of discretion denying motion for mistrial due to alleged juror misconduct; claim evidence insufficient to show use of force, threat, or intimidation waived, Rule 5A:18
0082231 Alton Kasine Powers v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to deny appellant’s motion to strike and for the jury to convict appellant of first-degree murder, conspiracy to commit murder, and use of a firearm; ample circumstantial evidence for jury to infer that appellant and his two companions were acting in concert to fulfill an agreed and common plan to kill the victim
0161231 Brian Robert Lewis v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery, strangulation, and object sexual penetration; no abuse of discretion denying appellant’s motion to strike a juror for cause; sufficiency argument for assault and battery waived, challenges to other charges not preserved, Rules 5A:18 and 20(e)
0363233 Will Lee Carter v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release under Code § 37.2-910; appellant’s argument insufficient to show how the SVPA provisions are unconstitutional as applied to appellant; appellant failed to preserve other arguments, Rules 5A:18 and 20
0494233 James Wallace Plecker v. Commonwealth of Virginia 04/30/2024
Trial court did not err suspending eight years of appellant’s twenty-year sentence for an indefinite period conditioned upon indefinite supervised probation; no violation of Code § 19.2 303; no abuse of discretion as sentence does not exceed maximum imprisonment penalty
0751233 Jaquan Wanya Carter v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted felon and carrying a concealed weapon; totality of circumstances supported trial court’s finding appellant was aware of the presence and character of the firearm and exercised dominion and control
1888224 Rigoberto Rodriguez v. Commonwealth of Virginia 04/30/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of first-degree murder as principal in the second degree and use of a firearm; any error denying pretrial motions to suppress harmless as evidence cumulative; no abuse of discretion denying motion to sever charges as offenses were connected under Rule 3A:6(b)
1929223 Jason Edward Via v. Commonwealth of Virginia 04/30/2024
Trial court did not err finding evidence sufficient to convict appellant of felony eluding; record supports appellant could have seen flashing emergency lights; his speed evidenced willful and wanton disregard of officer’s signals to stop, endangering himself and others; conviction of obstruction of justice reversed, error to find evidence sufficient under Code § 18.2 460
1939224 McDonnell Landscaping, Inc. v. The County Board of Arlington County, Virginia 04/30/2024
Trial court did not err finding appellant failed to comply with Code § 15.2 1246, that appellant was required to provide the notice of appeal and bond within 30 days of disallowance, and that notice of disallowance sent by the County Board was sufficient to trigger the 30-day deadline; notice of appeal and bond provisions are jurisdictional
0198232 Darrell Vincent Dunkum v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of two counts of assault and battery of police officers and two counts of brandishing a firearm; evidence ample to support finding the officers’ apprehension was reasonable
0269232 Stephen Paul Rabender, Jr. v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of grand larceny and denying his motion to strike; no abuse of discretion admitting court document found in the stolen vehicle and overruling appellant’s objection to continuing larceny jury instruction
0421234 Michael Lyons v. Mostapha El Jlailati 04/23/2024
Trial court did not abuse its discretion refusing to admit appellant’s medical bills as evidence of economic damages based solely on appellant’s testimony; trial court did not err allowing the medical bills to show pain and suffering; appellant failed to lay the proper foundation through expert testimony required to admit medical bills to show economic damages
0422234 Latrice Curtis v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of child cruelty, child neglect, and assault and battery upon a family member; no abuse of discretion in the trial court admitting a recorded forensic interview of child victim under hearsay exception provided in Code § 19.2 268.3(B)
0610233 Mark A. Miller, et al. v. W. Derek Malcolm 04/23/2024
Trial court did not err sustaining appellee’s demurrer to appellants’ claim for legal malpractice; appellants failed to plead facts sufficient to show appellee’s failure to discover and disclose gas lease was proximate cause of any harm; appellants had actual notice of lease and gas well before purchase; as plead, proximate cause of harm was appellants’ failure to do more due diligence
0758233 Nancy G. Cook, et al. v. Leon H. Greene, Jr. 04/23/2024
Judgment affirmed as trial court did not abuse its discretion awarding partition in kind of real property; evidence sufficient to show division in kind possible; no abuse to qualify appellee’s appraiser as an expert witness; claim of error for failure to order additional appraisal not preserved, Rule 5A:18; matter remanded for proceedings consistent with trial court’s ruling
0794231 Warren Anthony Winstead v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery, strangulation, and wounding in commission of a felony; victim’s testimony, supported by photographs and medical documentation, sufficient to sustain convictions
1023233 Omar Rodriguez-Guevara v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of two counts of second-degree murder, two counts of use of a firearm, shooting into an occupied dwelling, and arson; no error rejecting appellant’s version of events
1132221 Rasheem Watts v. Commonwealth of Virginia 04/23/2024
Petition for Rehearing En Banc granted
1252233 Brian Walter Martin v. Commonwealth of Virginia 04/23/2024
Trial court did not err finding evidence sufficient to convict appellant of feloniously eluding police; evidence proved appellant’s manner of driving imperiled himself and the officer
1276222 Linda Heath v. The Estate of Louise T. Heath, Deceased 04/23/2024
Trial court erred sustaining appellee’s demurrer to appellant’s claim for adverse possession; court erred determining appellant’s letter was unambiguous and finding allegations in her complaint were insufficient to state a cause of action; judgment reversed and matter remanded for further proceedings
1362224 David A. Renberg v. Julia Renberg 04/23/2024
Trial court erred entering a qualifying court order dividing appellant’s military pension not required by the divorce decree or separation agreement; the QCO modified the substantive terms of the divorce decree and the trial court was without jurisdiction to enter it under Rule 1:1; judgment reversed and QCO and appellee’s attorney fees vacated
1535221 Linda F. Green v. Bri'Anne Shervonne Green 04/23/2024
Trial court erred finding no material facts in dispute, entering summary judgment in appellee’s favor, and dismissing appellant’s complaint seeking reformation of the deed of gift; deed of gift’s description of conveyed property is ambiguous; judgment reversed and matter remanded for further proceedings
1574224 Ahmad Azamy v. Icon Finance, LLC 04/23/2024
Trial court did not err finding a valid loan agreement between the parties; appellant’s loan agreement with appellee not void and unenforceable as a gaming contract; no abuse of discretion finding contract not void for an unreasonable rate of interest as loan was made for business or investment purposes and greater than $5,000, Code § 6.2-317
1610222 James Abriel Gushwa v. Commonwealth of Virginia 04/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of rape; no abuse of discretion refusing to grant motion for mistrial and in denying appellant’s motion for admission of rape shield evidence as victim’s statements at issue were irrelevant and inadmissible
1642222 James Wesley Joplin, Sr. v. Terae Brenzell Harris 04/23/2024
Trial court erred dismissing appellant’s suit with prejudice; error admitting unexecuted release as it constituted improper parol evidence to prove content of illegible document; judgment reversed as record contains no enforceable settlement agreement; matter remanded for further proceedings
1842224 Ivonee Cedeno v. For Every Body, LLC, et al. 04/23/2024
Judgment affirmed as trial court did not abuse its discretion vacating a default judgment against appellee as void ab initio for lack of personal jurisdiction; any error finding P&C had standing to challenge the default judgment harmless; no abuse of discretion dismissing appellant’s case with prejudice for untimely service of process instead of granting appellant’s motion for a nonsuit
1995221 Kenneth Charles Alvin v. Commonwealth of Virginia 04/23/2024
Trial court did not err denying appellant’s suppression motion; totality of the circumstances support trial court’s conclusion the officer had objective reasonable suspicion to investigate whether appellant lawfully possessed the concealed firearm; matter remanded to correct clerical error in the sentencing order
0180232 William Harry Roberts v. Commonwealth of Virginia 04/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of attempted murder, robbery, and abduction; no abuse of discretion admitting into evidence appellant’s recorded jailhouse call and recording of the 911 call; impeachment evidence from the 911 call exculpatory and disclosed as soon as prosecution had the recording
0241233 Rayquon Amod Stone v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of conspiracy to distribute a Schedule III drug and conspiracy to deliver drugs to an inmate; appellant’s other claims are waived, Rules 5A:18 and 5A:20(c)
0312231 Anthony McFadden v. Commonwealth of Virginia 04/16/2024
Trial court abused its discretion by applying incorrect standard for expungement under Code § 19.2 392.2(A); error to require appellant to prove a direct connection between employment difficulties and his unexpunged charge; reversed and remanded for trial court to consider if appellant faces a reasonable possibility of manifest injustice because of unexpunged charge
0491234 LaVonnia Brown, et al. v. Sharon Johnson, et al. 04/16/2024
Trial court did not err finding the will that created a life estate did not create a remainder interest in appellants and finding appellee used the house as her personal residence; a personal residence need not be a primary or principal home or the sole or exclusive place where one resides
0507234 Tolga Burak Aksoy, et al. v. In Stock Today Cabinets, LLC 04/16/2024
Trial court did not err denying appellants’ motion to set aside a jury verdict on appellee’s claims for fraud and breach of duty of loyalty, and denying appellants’ motion for remittitur of jury award of punitive damages; evidence sufficient to prove misrepresentation of a material fact, breach of a fiduciary duty of loyalty, and that appellee incurred damages
0519222 Paul Allen Marshall v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as no error finding evidence sufficient for jury to convict of attempted murder, aggravated malicious wounding, strangulation, abduction, and use of a firearm; no violation of speedy trial or Miranda rights; no abuse of discretion in sentencing, and denying motions to strike certain jurors, for expert witness, and for ex-parte hearing, Rule 5A:18
1412222 Kevin Lamont Jones, Jr. v. Commonwealth of Virginia 04/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of unlawful wounding; evidence proved appellant caused bodily injury to victim with requisite intent; no abuse of discretion overruling appellant’s objection to inconsistent statements jury instruction or denying motion for a mistrial
1429224 Elwood Lewis Thomas v. Commonwealth of Virginia 04/16/2024
Petition for Rehearing En Banc granted
1546222 Ieuan Rhys Phillips v. Commonwealth of Virginia 04/16/2024
Trial court did not err overruling appellant’s motion to strike; verdict of the jury convicting appellant of rape supported by evidence; no abuse of discretion overruling appellant’s Batson motion or admitting expert witness testimony
1619222 Noure's LLC v. S & M Convenience Deli, LLC, et al. 04/16/2024
Trial court did not abuse its discretion in refusing to set aside dismissal of appeal from general district court judgment and refusing to reopen the case when neither party appeared on the trial date, Code § 16.1 106.1(D)
1683224 Quick Desings, LLC v. Iva Sakic Nolan 04/16/2024
Trial court did not err on motion for summary judgment finding appellee’s business was the proper party to the contract and not appellee; no error dismissing appellant’s counterclaim as appellee not a party to asset purchase agreement and cannot sue or be sued individually
1788233 Commonwealth of Virginia v. Benjamin Carter 04/16/2024
Trial court erred granting appellee’s motion to dismiss the indictment based on a claim of double jeopardy; appellee had not already been placed in jeopardy for the same offense; assault and battery and aggravated malicious wounding are not the same offense and require proof of different elements; ruling reversed and remanded to trial court for further proceedings
1895224 Darrin Mark Robertson v. Commonwealth of Virginia 04/16/2024
Judgment affirmed as trial court did not err overruling appellant’s objection to testimony; any error overruling objection to hearsay testimony is harmless error, given overwhelming evidence identifying appellant; appeal of conviction for attempted unlawful creation of another’s image dismissed as notice of appeal not filed timely, Rule 5A:6
1958224 Dan Shannon v. Curtis O. Smalls, II, s/k/a Tony Smalls 04/16/2024
Trial court erred holding appellant had burden of proving payments of money to appellee were a loan and finding payments to appellee were gifts; court erred denying appellant’s motion to reconsider; judgment reversed, order vacated, and matter remanded for court to consider all of the evidence and exhibits in the record, and for further proceedings including attorney fees
0032231 Bruce Antoine Roane v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant’s motion to suppress and finding evidence sufficient for the jury to convict appellant of possession of a firearm as a violent felon; no abuse of discretion overruling appellant’s objection to a proffered jury instruction defining the term firearm
0041232 Benjamin J. Brown v. Stephanie N. Brown 04/09/2024
Trial court did not err ordering appellant to reimburse appellee for one-half of the reduction of his student loan balance and finding appellant not entitled to any part of appellee’s 401(k) account; ruling that required appellant to reimburse appellee for tax liability reversed and remanded for further proceedings
0051232 Dawn Monroe v. Mary Washington Healthcare 04/09/2024
Trial court did not err dismissing appellant’s personal injury action with prejudice; no abuse of discretion denying appellant’s motion to add an additional party; appellant filed suit against the wrong entity by misjoinder, not misnomer
0054233 Keisha Bailey v. Coretta Thurman 04/09/2024
Trial court did not err dismissing appellant’s petition for relief from unlawful exclusion; appellant failed to establish she was a tenant with rights under a lease agreement, and that without authority of the court, she was unlawfully excluded, Code § 55.1-1243.1
0517233 Jorge Cruz v. Commonwealth of Virginia 04/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery on a law enforcement officer; no abuse of discretion refusing to suppress post-assault behavior of the appellant as relevant and probative of his intent to commit the assault
0993231 Larry Booker v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of felony eluding; evidence sufficient to rebut appellant’s affirmative defense assertion and alternate hypotheses of innocence
1360222 Rasheed Antoine Johnson v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant’s motion to suppress; discovery of the firearm with other circumstances of the stop warranted a protective sweep of the car and officers did not prolong traffic stop
1374223 Amy Lynn Childress v. Jimmie Dewitt Childress, III 04/09/2024
Judgment affirmed as trial court did not err ordering custody and visitation matters remain in juvenile court; any error appointing guardian ad litem and committee for appellant during the proceedings harmless and no violation of due process; challenges to the equitable distribution award and support award waived and good cause exception does not apply, Rule 5A:18
1567224 Fred Harris, Jr., et al. v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding appellants’ dogs had been mistreated and therefore forfeited to the care of an animal shelter; any error denying motion for a bill of particulars harmless; no error denying motion to suppress; motion to dismiss for violations of due process and necessity for separate ruling claims barred, Rule 5A:18
1578222 Larry D. Greene, s/k/a Larry Demetric Greene v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of arson; appellant’s failure to make adequate proffer of excluded photograph and witness testimony precludes review of trial court’s decision; assertion of constitutional violation denying presentation of evidence not preserved, Rule 5A:18
1653222 David Alexander Harris v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of all charges; no abuse in discretion admitting incoming text messages recovered from appellant’s cellphones and declining to admit co-defendant’s guilty plea; appellant’s argument text messages should be analyzed individually defaulted, Rule 5A:18
1664223 Jeuan Fontai Ward v. Commonwealth of Virginia 04/09/2024
Judgment affirmed as trial court did not err finding evidence sufficient for jury to convict appellant of two counts of distributing cocaine; no error denying motion to set aside the verdict alleging speedy trial violation; no abuse of discretion denying motion to dismiss based on chain of custody; allegations regarding in-court identification waived, Rules 5A:18 and 5A:20
1746223 Dwayne Lee White v. Commonwealth of Virginia 04/09/2024
Trial court did not abuse its discretion admitting evidence of appellant’s prior criminal conduct during jury trial for first-degree murder; evidence of appellant’s prior violent crimes against the victim relevant in determining state of mind at the time of the shooting and persistent conduct toward the victim; prejudicial effect did not substantially outweigh probative value
1762223 Robin Michelle Nester v. Commonwealth of Virginia 04/09/2024
Trial court did not err denying appellant’s motion to strike and finding evidence sufficient to convict appellant of robbery and malicious wounding as a principle in the second degree; no abuse of discretion admitting call logs and text messages between appellant and her daughter; daughter’s statements were not offered for the truth of the assertions and not hearsay
1937223 Jonathan Lebron v. Commonwealth of Virginia 04/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant as appellant’s actions demonstrated he approved of the plan and aided and abetted the actual perpetrator; no abuse of discretion denying appellant’s motion to exclude witness testimony for a discovery violation as Commonwealth complied with discovery obligations
0052231 Milton Franklin Mizell v. Commonwealth of Virgnia 04/02/2024
Trial court did not err finding sufficient evidence to convict appellant of aggravated malicious wounding and abduction; the evidence of violence and brutality allowed the inference of the intent to maim, disfigure, disable or kill and the actions resulted in permanent and significant injury; case remanded to correct a clerical error in the sentencing order
0185234 Sobia Ahmed v. Imperial Auto, LLC 04/02/2024
Trial court did not err awarding appellee damages for breach of contract as evidence sufficient to support judgment; matter remanded to trial court to set a reasonable award of attorney’s fees incurred by appellee during this appeal
0704221 Anthonette Jasco v. Vann-Virginia Center for Orthopaedics, P.C., etc. 04/02/2024
Trial court did not err setting aside the jury verdict; insufficient evidence to support finding appellees proximately caused infection; trial court abused its discretion assigning a $50,000 figure to the damage award; no abuse of discretion permitting expert witness to testify on causation and damages; remittitur reversed and case remanded for a retrial on damages
1035233 Vaylene Michelle Arnett v. Henry-Martinsville Department of Social Services 04/02/2024
Trial court did not err finding termination was in the best interest of the child and that appellee made reasonable and appropriate efforts to remedy conditions leading to child’s placement in foster care, Code § 16.1-283(C)(2)
1325222 Antonio Lorenzo Biggs v. Commonwealth of Virginia 04/02/2024
Judgment affirmed as trial court did not abuse its discretion denying appellant’s motion for continuance and allowing trial to proceed in his absence; cannot reach merits of the argument trial court erred denying motion to withdraw as record lacks transcript indispensable to resolve, Rule 5A:8(b)(4)(ii)
1361222 Lanalee Z. Buziak v. Jeffrey J. Buziak 04/02/2024
Trial court did not abuse its discretion in determining the child support arrearages as evidence sufficient to support calculation; trial court did err failing to award interest for the arrearages pursuant to Code § 20 78.2 and denying appellant’s motion for reconsideration on that issue; matter affirmed in part, reversed in part, and remanded to calculate interest owed
1423224 Integrated Composite Construction Systems, LLC, etc. v. Premier UHPC, LLC 04/02/2024
Judgment affirmed as trial court did not err admitting two invoices offered by appellee and awarding appellee damages for unjust enrichment; parol evidence rule not applicable to subsequent verbal agreement; arguments defaulted on claims of wrongful denial of motions for summary judgment, motion to strike, and recovery preclusion, Rules 5A:8 and 5A:18
1616222 Gary Allen Germain, Jr. v. Commonwealth of Virginia 04/02/2024
Judgment affirmed as trial court did not abuse its discretion revoking three years of appellant’s suspended sentences; assignment of error that appellant was sentenced to active incarceration instead of having entirety of suspended sentence resuspended and allowing completion of substance abuse treatment procedurally defaulted, Rule 5A:18
2000223 JaQuez Brown v. Commonwealth of Virginia 04/02/2024
Trial court did not err finding evidence sufficient to sustain appellant’s convictions for first-degree murder, attempted robbery, and use of a firearm; totality of the evidence sufficient to sustain challenged convictions; matter remanded for correction of clerical errors in the sentencing order
1404232 Commonwealth of Virginia v. Sean Holmes, s/k/a Sean Jefferson Holmes 03/27/2024
Trial court erred declaring Code § 37.2-429 to be unconstitutional on its face; lack of mens rea in text of statute is no ground for holding the statute unconstitutional; facts do not demonstrate statute is over broad or vague as applied to appellee; order dismissing charge against appellee under Code § 37.2-429 is vacated and the case remanded for further proceedings
0074233 Michelle Dawn Morris, etc. v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of distribution of methamphetamine and possession with intent to distribute and denying appellant’s motion to return seized funds; no abuse of discretion admitting the certificates of analysis; appellant failed to preserve arguments concerning the motion to suppress, Rule 5A:18
0134232 Cynthia Ann Brown v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as appellant waived her objection to the Commonwealth’s introduction of forged checks by using them affirmatively in her case-in-chief to develop her defense
0135233 Todd Emanuel Manns v. Commonwealth of Virginia 03/26/2024
Trial court did not err denying appellant’s motion to set aside the jury verdicts for first-degree murder and use of a firearm; there was ample evidence from which the jury could find appellant intentionally killed the victim with a firearm
0307233 Blake Austin Carpenter v. Commonwealth of Virginia 03/26/2024
Trial court did not err denying appellant’s motion to strike on the grounds the victim’s testimony was inherently incredible; substantial evidence corroborated the victim’s testimony, allowing the jury to convict appellant of forcible sodomy and object sexual penetration
0343234 Rush Jack Samuel Holt, III v. Commonwealth of Virginia 03/26/2024
Trial court did not abuse its discretion admitting testimony regarding the content of letters received from two minors at his probation violation hearing as the letters were not testimonial in nature and did not violate appellant’s due process right of confrontation
0365233 Gerardo Diaz Santana Mieles v. Commonwealth of Virginia 03/26/2024
Trial court did not abuse its discretion admitting pawn shop receipt; receipt was relevant as identity of perpetrator was at issue; case remanded to correct clerical error in sentencing order
0437233 Timothy Wayne Drake v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress; any error admitting contested evidence was harmless error as there was ample evidence establishing probable cause
0478233 Zachary Cooper, Sr. v. Commonwealth of Virginia 03/26/2024
Judgment affirmed as trial court did not abuse its discretion dismissing appellant’s complaint with prejudice; no error sustaining Commonwealth’s demurrer; several claims procedurally barred as appellant did not make these arguments before the trial court, Rule 5A:18
0483233 Tammy Wollam, Administrator of the Estate of Douglas Allen Hicks, Sr. v. ACV, Inc. 03/26/2024
Trial court did not abuse its discretion allowing the use of the unsuccessful outcome jury instruction; the instruction was a correct statement of Virginia law tailored to the individual parties and procedure at issue
0591224 Doroteo Diaz Martinez v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder as a principal in the second degree and criminal street gang participation; no abuse of discretion denying appellant’s jury instruction regarding uncorroborated accomplice testimony where facts presented sufficient to corroborate testimony
0916233 Johnny Winston Swain, etc. v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict appellant of knowingly receiving stolen goods; testimony and photos established appellant received the victim’s boat with knowledge of the theft and dishonest intent
1168222 Jorge Alfredo Fernandez-Hernandez v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict for transporting cocaine with intent to distribute, possession of fentanyl and cocaine with intent to distribute, and conspiracy; appellant acted as principal in the second degree to transporting illegal drugs by accepting delivery of the drugs; venue proper in Chesterfield County
1747224 Valthea Courtney Fry v. David Sosnowski 03/26/2024
Judgment affirmed in part as trial court did not abuse its discretion ordering supervised visitation pending outcome of appellant’s evaluation; no error finding appellant’s coaching of daughter and interfering with daughter’s school and medical providers; error delegating authority to father and counselor to determine visitation rights, reversed in part and remanded, Rule 5A:18
1761221 Miquel Sirmir Johnston v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of voluntary manslaughter, assault and battery of a family member, and unlawfully shooting into an occupied dwelling; record supports jury determination appellant was not acting in self-defense; no abuse of discretion refusing one of appellant’s proffered jury instructions as repetitious
1951222 David Joshua Wood v. Commonwealth of Virginia 03/26/2024
Trial court did not err finding evidence sufficient to convict appellant for driving while intoxicated and driving on a revoked license; evidence adequately proved appellant was driver of the vehicle; no abuse of discretion admitting a certificate of analysis to prove level of intoxication as evidence supports finding appellant operated the car within three hours of arrest
0034233 Chad Edward Hodges v. Commonwealth of Virginia 03/19/2024
Trial court did not err finding evidence sufficient to sustain a conviction for possession of fentanyl; evidence sufficient to conclude constructive possession as appellant was aware of the drugs and that they were subject to his dominion and control
0097233 Efrem Dantel Holmes, Jr., s/k/a Efrem Danteel Holmes v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not abuse its discretion granting the Commonwealth’s permissive-inference instruction or admitting expert testimony regarding strangulation; the claim the trial court erred by failing to sustain appellant’s objection to Commonwealth’s argument at sentencing defaulted by appellant’s failure to request relief in the trial court
0105232 Johnathan Andrew Harris v. Commonwealth of Virginia 03/19/2024
Trial court did not err convicting appellant of misdemeanor shoplifting, providing a false identity and felony conspiracy to shoplift; circumstantial evidence was sufficient to prove appellant and his companions agreed to shoplift, conspiring to commit larceny involving goods worth $1,000 or more
0127234 Norman Alberto Gutierrez v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence was sufficient for the jury to convict appellant of aggravated sexual battery and rape; no abuse of discretion allowing jury to rehear oral translation of text messages during deliberations; appellant failed to preserve issues of expert translation of the text messages, Rule 5A:18
0194231 Kimberly Price Burch, etc. v. Jeff Sensenig, D.O., et al. 03/19/2024
Judgment affirmed as trial court did not err allowing testimony of possible complications from surgery in a medical malpractice claim; trial court did not abuse its discretion in refusing a cumulative empty chair instruction, granting mere happening instructions, or in excluding certain raw statistical evidence; appellant failed to proffer excluded testimony
0445232 Roy Black v. C. T. Woody, Jr., et al. 03/19/2024
For reasons appearing to the Court, the opinion issued today is withdrawn.
0559221 Wesley Paul Hadsell v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder and concealing a dead body as evidence sufficient to prove premeditation; no abuse of discretion denying motion to set aside the jury’s verdict; claim trial court erred denying appellant’s motion to suppress evidence is waived, Rule 5A:8(a)
0927233 Tamaine Montae Davis v. Commonwealth of Virginia 03/19/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possessing a firearm after having been convicted of a felony
1096221 Jacob Alexander Meadows v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not abuse its discretion finding appellant guilty of indirect contempt; totality of circumstances of specific evidence supports finding appellant intentionally provoked victim’s family member; arguments appellant did not disrupt administration of justice and final sentencing order invalid not preserved, Rule 5A:18
1132221 Rasheem Watts v. Commonwealth of Virginia 03/19/2024
Trial court abused its discretion ruling appellant’s failure to follow probation officer’s special instructions was not a technical violation of probation under Code § 19.2 306.1; written sentencing orders did not impose special gang-related probation conditions; judgment reversed and remanded for resentencing
1212221 Jeremy Toddy Pettway v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder, use of a firearm, and maliciously shooting into an occupied dwelling; no error instructing jury on concert of action; arguments trial court erred not excluding text messages and granting motion to limit evidence not preserved, Rule 5A:18
1461221 Angela M. Greene v. City of Portsmouth, et al. 03/19/2024
Judgment affirmed as trial court did not err dismissing appellant’s claims against all appellees, except Blount, for failure to allege facts sufficient to establish a cause of action; judgment reversed only as to Blount, claims against Blount for tortious interference and defamation per se are reinstated and matter remanded for further proceedings, Rule 5A:20(e)
1783221 Micah Isaiah Ramirez v. Commonwealth of Virginia 03/19/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of all charges; argument as to sufficiency of evidence not preserved and the ends of justice exception inapplicable; manifest injustice will not result by applying Rule 5A:18
1808222 Aaron Michael Easter v. Commonwealth of Virginia 03/19/2024
Trial court did not err denying appellant’s motion to strike; evidence supports finding Commonwealth presented a prima facie case for malicious wounding
1859221 Brandon Gary Harvell v. Commonwealth of Virginia 03/19/2024
Trial court erred denying appellant’s motion to suppress; officer did not have requisite probable cause to search the vehicle; trial court’s judgment reversed and remanded to allow appellant to withdraw his guilty plea and proceed to trial if the Commonwealth is so advised
0123234 Therese Harmon, as trustee, etc. v. Wind Fields Farm, LLC, et al. 03/12/2024
Trial court did not err sustaining appellees’ demurrer and dismissing appellant’s amended complaint alleging a derivative cause of action; appellant’s amended complaint failed to state a claim for fraudulent conveyance as no evidence appellees intended to hinder, delay, or defraud, Code § 55.1-400
0254232 Elliot Emmanuel White, a/k/a Elliott Emmanuel White v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of three counts of aggravated sexual battery; victim’s delay in reporting the offenses did not make her testimony inherently incredible
0765222 Danny Lee Huffman v. Commonwealth of Virginia 03/12/2024
Judgment affirmed as trial court did not abuse its discretion rejecting appellant’s imperfect self-defense instruction; no abuse denying admission of evidence of the victims’ character and prior convictions at trial and as rebuttal evidence at sentencing; arguments relating to admission of certain factual testimony not preserved, Rule 5A:18
0878222 Tori Nichole Jackson-Hope, s/k/a Tori Jackson Hope v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence sufficient to prove appellant willfully neglected the victim; evidence of the victim’s drastic weight loss, burns, and numerous untreated fractures sufficient to reject appellant’s testimony and find she willfully neglected the victim, Code § 18.2 369(B)
1295221 Lamont Johnson v. Commonwealth of Virginia 03/12/2024
Trial court did not err denying appellant’s motions to suppress statements made to police as his statements were voluntarily made and he did not unequivocally invoke his right to remain silent; no error denying appellant’s motion to strike as evidence sufficient proved the corpus delicti for all his convictions
1429224 Elwood Lewis Thomas v. Commonwealth of Virginia 03/12/2024
Trial court erred not suppressing appellant’s incriminating statements as waiver of Miranda rights was not voluntary when probation officer instructed him to speak with officers; no abuse of discretion sentencing appellant on aggravated sexual battery convictions arising from guilty pleas or allowing expert testimony; jury convictions reversed and remanded
1476221 Larry James Baker v. Vicky Sue Baker 03/12/2024
Trial court abused its discretion imputing appellant’s entire pre-retirement income to him and denying his motion to reduce or eliminate his spousal support obligation; matter reversed and remanded
1825221 Linwood Scott, Jr. v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence was sufficient for the jury to convict appellant of burglary, rape, and abduction with intent to defile; evidence, including DNA evidence, allowed a rational factfinder to conclude appellant was victim’s assailant
1906221 Keyon Leroy Cherry v. Commonwealth of Virginia 03/12/2024
Trial court did not err finding evidence to support appellant’s convictions for possessing a firearm having been previously convicted of a felony, possessing cocaine, and possessing a firearm while possessing a controlled substance; no error to deny motion to suppress as police had reasonable suspicion to stop vehicle in which appellant was a passenger
1940224 Gregory Youst v. Buffalo Wing Factory, Inc., et al. 03/12/2024
Trial court did not abuse its discretion failing to grant appellant’s motion to continue hearing on appellees’ pleas in bar until after the hearing on appellant’s motion to substitute the correct defendant; appellant’s motion to substitute was not before the court
0022231 Shakeem Laquan Bryant v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder and use of a firearm; evidence in the record permitted a rational jury to conclude appellant acted with malice and premeditation, and without justification
0048231 Richard Lonny Carmack, Jr. v. Commonwealth of Virginia 03/05/2024
Trial court did not err denying appellant’s motion to strike for lack of venue; the unlawful act of accosting, enticing, or soliciting a minor to produce child pornography occurs not only wherever the message is sent but also wherever it is received, Code § 18.2-374.1(E)
0086233 Stanley Wayne Martin v. Commonwealth of Virginia 03/05/2024
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-900
0222233 Jeremiah Henderson v. Austin K. McClain 03/05/2024
Trial court did not err granting appellee’s plea in bar on grounds of res judicata and finding federal court could have exercised supplemental jurisdiction over appellant’s state law claims; no error finding sufficient evidence of a final judgment in federal court to sustain a plea in bar; no abuse of discretion denying appellant’s demand for jury trial on the plea in bar
0310234 Robert Shu-Fan Kao v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not abuse its discretion finding sufficient chain of custody to admit a gas can and its contents; no abuse of discretion admitting evidence of appellant’s prior bad acts as relevant to the charges, and the probative value exceeded the incidental prejudice; appellant failed to preserve chain of custody objection to the odor of gas, Rule 5A:18
1252221 Steve L. Washington v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of contempt of court for failure to appear; appellant failed to preserve Code § 18.2 456 notice argument, Rule 5A:18
1345222 Nathanael Zechariah Faust v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err allowing victim’s extrajudicial statement; no abuse of discretion denying motion to strike a juror for cause and allowing expert testimony; insufficient record to determine jury instruction claim; claim that evidence insufficient for jury to convict appellant of attempted rape and five counts of aggravated sexual battery waived, Rule 5A:18
1409221 Jamie Jamar Heyward v. Commonwealth of Virginia 03/05/2024
The trial court did not err denying appellant’s suppression motions and upholding his convictions; protective sweep exception to warrantless entries did not apply; appellant failed to make a preliminary showing of intent to deceive or recklessness in omission of material information sufficient to warrant a Franks hearing on the search warrant
1502222 Terrance M. Underwood v. Velocity Construction of Virginia, Inc., et al. 03/05/2024
Commission did not err finding appellant was partially disabled and not under an open award; appellant had the burden to prove he was entitled to a new award of temporary total disability benefits and presented no evidence he had marketed his residual work capacity after termination; post-termination reinstatement of award of benefits vacated
1592221 David Brand Midgett v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding evidence sufficient to convict appellant of using a communication system in violation of Code § 18.2 374.3; evidence sufficient to prove appellant communicated for the purpose of proposing the victim send a photograph of victim’s sexual or genital parts
1633224 Luka Kartozia v. Commonwealth of Virginia 03/05/2024
Trial court abused its discretion refusing to instruct the jury on the claim of right defense to trespass; more than a scintilla of evidence supported appellant’s claim he had a bona fide belief he was rightfully on the property; trial court’s judgment reversed, appellant’s trespass conviction vacated, and matter remanded for retrial if Commonwealth be so advised
1809221 Rita Lashawn Hargrove v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding sufficient evidence to convict appellant of malicious wounding and use of a firearm; appellant’s intentional acts sufficient to prove appellant acted with malice and failed to establish a self-defense claim
1938224 Jeremiah Larenz Mouzon v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of aggravated malicious wounding; evidence permitted jury to infer victim’s gunshot wounds were severe, causing permanent and significant impairment; appellant failed to preserve argument that a portion of his text messages were inadmissible, Rule 5A:18
1941222 Emerson Alexis Deras-Castro v. Commonwealth of Virginia 03/05/2024
Judgment affirmed as trial court did not abuse its discretion partially denying appellant’s pretrial motion in limine to exclude certain evidence relating to gangs and gang-related material; any error in the trial court’s ruling was harmless error; appellant opened the door to bringing in rebuttal testimony about appellant’s gang involvement
1946221 Clevester Antoine Lucas v. Commonwealth of Virginia 03/05/2024
Trial court did not err denying appellant’s renewed motion to strike; overwhelming evidence more than sufficient to prove appellant committed the bank robbery and to find appellant guilty for each charged offence
1953221 Michael Anthony Hollomon, Jr. v. Commonwealth of Virginia 03/05/2024
Trial court did not err finding evidence sufficient to convict appellant of possession of a firearm by a convicted felon; evidence demonstrated appellant was aware of the character and nature of the firearm, had unrestricted access to the firearm, and it was subject to his dominion and control
0110233 Timothy Lee Coles v. Commonwealth of Virginia 02/27/2024
Trial court did not err admitting unavailable witness’ statements and finding evidence sufficient to establish appellant possessed the firearm and cocaine; statements were properly authenticated and evidence supports trial court’s finding the witness was unavailable due to appellant’s wrongdoing
0191233 William Rhett Viar Brown v. Commonwealth of Virginia 02/27/2024
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding; no error rejecting appellant’s self-defense claim where appellant initiated the attack, failed to retreat, and used excessive force
0674222 Norfolk District Associates, LLC v. The City of Norfolk, et al. 02/27/2024
Trial court did not err sustaining appellees’ demurrers and dismissing appellant’s complaint; appellees had no enforceable casino-related obligations to appellant and casino gaming is not a permitted use under the lease; breach of contract claim based on an unenforceable agreement to agree
1156223 Alvaro Antonio Fernandez v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of multiple counts of sodomy and aggravated sexual battery of a child; no abuse of discretion allowing evidence of prior sexual encounter between appellant and another minor; any error harmless as additional testimony cumulative and appellant failed to object
1575222 Corey Fleming, a/k/a Corey Conway Fleming v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding identification evidence sufficient to convict appellant of felony eluding; no abuse of sentencing discretion; argument regarding absence of endangerment defaulted, Rule 5A:18
1595223 Dianna Drane v. Jessica Pantana 02/27/2024
Judgment affirmed as no error denying appellant’s motion to set aside verdict without a hearing; no abuse of discretion permitting appellee to assert a contributory negligence defense or allowing contributory negligence jury instructions; arguments waived that trial court erred failing to give finding instructions and overruling objections to defense expert’s testimony, Rule 5A:18
1663221 Keith Antonio Riddick v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of abduction, assault and battery, and assault and battery of a family member; argument that victim’s testimony not credible was not preserved and ends of justice exception does not apply, Rule 5A:18
1745221 James Douglas Webb v. Commonwealth of Virginia 02/27/2024
Judgment affirmed as trial court did not err denying appellant’s motion to suppress evidence; articulable facts supported a reasonable suspicion appellant, as driver of the truck, engaged in sale of narcotics; arguments that the searches of his vehicle and person were unlawful waived, Rule 5A:18
1766221 Anthony Tyrone Reese v. Commonwealth of Virginia 02/27/2024
Trial court did not abuse its discretion denying motion to dismiss revocation of appellant’s suspended sentence; trial court possessed subject matter jurisdiction over revocation and active jurisdiction to find a violation, revoke suspended sentence, and order him to serve a portion; five year cap on supervised probation in Code § 19.2 303 does not apply retroactively
1782222 Keith Alan Bradshaw v. Estate of Thomas Owens 02/27/2024
Trial court did not abuse its discretion awarding reasonable fees and costs from the corpus of trust funds; appellant’s assignment of error preserved for appeal as appellant denied the opportunity to make a contemporaneous objection
1878222 Anthony Esander Vasquez v. Commonwealth of Virginia 02/27/2024
Trial court did not err denying appellant’s motion to strike and finding appellant guilty of three felony eluding and five reckless driving charges; evidence more than sufficient to establish appellant was the driver
1909222 Tysha A. Davenport v. Commonwealth of Virginia 02/27/2024
Trial court did not err finding sufficient evidence to convict appellant of throwing a missile at an occupied vehicle; evidence sufficient that appellant, not her passenger, threw object at the victim’s car
1279222 Raekwon McFail v. Commonwealth of Virginia 02/20/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of malicious wounding by mob; Code § 18.2-41 does not require proof of malice, only proof the wounding was unlawful; sufficient evidence appellant and his associates adopted unlawful intent to commit violence; sufficiency argument waived regarding unlawful wounding, Rule 5A:18
1329221 Plains Marketing, LP v. York County 02/20/2024
Judgment affirmed as trial court did not err finding appellant did not produce sufficient evidence to overcome presumption of correctness; evidence insufficient to prove the assessed values exceeded the property’s fair market values and assessments were not arrived at in accord with generally accepted appraisal practices and applicable Virginia law, Rule 5A:20(e)
1383221 Tyshawn Joseph Deshields v. Commonwealth of Virginia 02/20/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder, use of a firearm, and discharging a firearm in an occupied building; evidence presented showed appellant killed the victim with malice and not in self-defense
1408221 Matthew Terrell Whitney v. Commonwealth of Virginia 02/20/2024
Trial court did not err denying suppression of appellant’s inculpatory statements finding he was not in custody when the voluntary statements were made; no abuse of discretion imposing sentence above the sentencing guidelines range or denying appellant’s motion to discharge his attorney and appoint a new attorney at sentencing hearing
1716223 Frederick Joseph Palka, II v. Commonwealth of Virginia 02/20/2024
Trial court did not abuse its discretion excluding decedent’s toxicology evidence as decedent’s conduct was undisputed; trial court did not err requiring the parties to submit voir dire questions before trial date, Code § 19.2 262.01
1986221 Jermaine Jamar Cameron v. Commonwealth of Virginia 02/20/2024
Trial court did not err finding evidence sufficient to convict appellant of three counts of maliciously shooting at an occupied vehicle
0075233 Michael Terry Duncan v. Commonwealth of Virginia 02/13/2024
Trial court did not err finding evidence sufficient for a jury to convict appellant of possession of firearms found in a gun safe within his residence; evidence supports appellant was aware of the presence, nature, and character of the firearms and they were subject to appellant’s dominion and control
0225232 Cynthia P. Oliver v. Kimberly A. Pinchbeck, P.C. 02/13/2024
Upon a rehearing, judgment reversed; trial court erred granting summary judgment as there are material facts genuinely in dispute; case is reversed and remanded for further proceedings
0404233 Angelia Grose v. Franklin County Department of Social Services 02/13/2024
Judgment affirmed as appellant’s challenge to termination of her parental rights under Code § 16.1 283(C)(2) is moot; appellant failed to challenge trial court’s termination of her rights under Code § 16.1 283(B); Code § 16.1 283(B) and (C)(2) are distinct and independent provisions of the statute
0870222 Cordonte Douglas Horton v. Commonwealth of Virginia 02/13/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of first-degree murder, attempted robbery, and use of a firearm; no abuse of discretion granting Commonwealth’s motion for a joint trial or admitting evidence of ammunition; record inadequate to consider suppression claim; as mistrial not requested by appellant, claim barred
1167222 Sage Ventures, LC, et al. v. Chatham Ridge Condominium Unit Owner's Association, et al. 02/13/2024
Trial court did not err in granting a plea in bar to the breach of contract claim where appellee proved by preponderance of the evidence that the cause of action accrued more than five years before filing of appellants’ complaint; no abuse of discretion excluding the search warrant affidavit
1303222 Anne Edwards Hartley, et al. v. Board of Supervisors of Brunswick County, Virginia 02/13/2024
Trial court did not err granting summary judgment as appellee produced some evidence of reasonableness denying appellant’s request for downzoning; failure to align with comprehensive plan or consider statutory factors on the record does not render a zoning amendment arbitrary and capricious; no abuse of discretion denying appellant’s motion for continuance
1314224 Dan Chacko v. John R. Ford, Jr. 02/13/2024
Trial court did not err granting appellee’s plea in bar and dismissing appellant’s complaint alleging trespass and maintaining a private nuisance; under the implied terms of the HOA’s declaration of covenants appellee was within his authority as president of the HOA to enter appellant’s property to begin the restoration process
1435222 Keith Rankins v. Commonwealth of Virginia 02/13/2024
Trial court did not err finding appellant remained a sexually violent predator who did not satisfy the criteria for conditional release, Code § 37.2-910
1735223 Julian Huffman v. Commonwealth of Virginia 02/13/2024
Judgment affirmed as appellant failed to obtain ruling from the trial court regarding Commonwealth’s motion to qualify witness as an expert; appellant did not preserve sufficiency of evidence arguments for appeal, Rule 5A:18
0095233 Keely Howard v. Radford City Department of Social Services 02/06/2024
Judgment affirmed as trial court did not err finding the child had been subject to neglect and abuse and it was in the best interests of the child to terminate appellant’s parental rights; appellant failed to preserve assignments of error regarding witness testimony and termination of parental rights under Code § 16.1-283(B), Rule 5A:18
1196222 Robert Szabo v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding appellant remained a sexually violent predator ineligible for conditional release, Code § 37.2-910
1228221 Michael Thomas Dalton v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient to convict appellant of strangulation, two counts of abduction, and assault and battery of a family member; evidence sufficient to establish a bodily injury under Code § 18.2-51.6(A)
1307222 Andrew Luke Neff v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient to convict appellant of sexual battery and strangulation; a reasonable trier of fact could conclude appellant acted with the requisite criminal intent, sexually abused the victim through intimidation and without the victim’s consent, and the victim suffered a bodily injury
1712221 Stephen R. Jones, et al. v. South Bay Shore LLC, et al. 02/06/2024
Trial court did not err granting appellees’ motion to strike and concluding appellants failed to prove appellees’ pier interfered with appellants’ enjoyment of their visual easement; the deed and incorporated plat are unambiguous as to the extent of the visual-easement area and appellants failed to prove the pier violates the terms of the easement
1856222 Jeremy Peters v. Commonwealth of Virginia 02/06/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of trespassing; appellant violated express terms of an agreement and ignored multiple requests to leave
0810221 Lamont Decarlo Booker v. Commonwealth of Virginia 01/30/2024
Trial court did not err by finding appellant’s conviction was not void for extrinsic fraud upon the court under Code § 8.01-428(D) and it lacked jurisdiction to vacate the conviction under Rule 1:1
0816223 Bobby Aaron Deel v. Kimberly Laraine Schmidt, et al. 01/30/2024
Judgment affirmed in part, reversed in part, and remanded for further proceedings; no abuse of discretion incorporating agreement into an order of the court; trial court exceeded its authority under Code § 20 108.1 awarding child support arrearages, medical expenses arrearages, and attorney fees predating appellee’s initial filing; contractual arguments waived, Rule 5A:8(b)
1006222 Jamar A. Meredith, s/k/a Jamar Antoine Meredith v. Commonwealth of Virginia 01/30/2024
Trial court did not err denying appellant’s motion to suppress Eutylone found in the pockets of his clothing; appellant did not have a reasonable expectation of privacy in the emergency ward treatment room; pursuant to the inventory exception, the search was reasonable as the clothing was lawfully obtained, the search conducted by standard procedures, and not pretextual
1516222 Earl Truman Scroggins, III v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient to convict appellant of failure to stop at the scene of an accident; appellant failed to provide his name, address, or driver’s license number to the victim and left the scene
1528232 Commonwealth of Virginia v. Christian Jason Rowe 01/30/2024
Trial court did not err granting motion to suppress evidence; no error concluding the capias did not meet Fourth Amendment requirements to qualify as an arrest warrant supporting the breach of appellee’s home; record does not support finding of probable cause or any indication of a sworn statement to the intake officer; no error applying exclusionary rule; matter remanded
1706222 Teosha Haynesworth v. Henrico Department of Social Services 01/30/2024
Trial court did not err finding evidence sufficient to terminate parental rights under Code § 16.1-283(C)(2); appellant was unwilling or unable to substantially remedy the conditions leading to the child’s foster care placement; appellee made reasonable and appropriate efforts
1714222 Paul Lois Herrman, s/k/a Paul Lous Hermann v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of robbery; no abuse of discretion refusing to dismiss Juror 124 for cause
1720222 Teosha Haynesworth v. Henrico Department of Social Services 01/30/2024
Trial court did not err finding evidence sufficient to terminate parental rights under Code § 16.1-283(C)(2); appellant was unwilling or unable to substantially remedy the conditions leading to the child’s foster care placement; appellee made reasonable and appropriate efforts
1737222 Maurice Wendell Thrower, Sr. v. Commonwealth of Virginia 01/30/2024
Trial court did not err finding evidence sufficient to convict appellant of attempted malicious wounding and attempted robbery; appellant’s use of a knife to thrust at the victim’s stomach sufficient to show intent to maim, disfigure, disable, or kill; record supports trial court’s conclusion appellant intended to steal victim’s money
1758221 Jeremy Kooiman, et al. v. Jeffrey Ornoff 01/30/2024
Judgment affirmed as trial court did not err granting appellee’s request for injunctive relief against appellants and dismissing appellants’ complaint; no error interpreting restrictive covenants to bar appellants from using the basement of their home as their residence while renting the rest of the house; attorney’s fees issue not properly preserved, Rule 5A:18
1760221 Jeremy Kooiman, et al. v. Jeffrey Ornoff 01/30/2024
Judgment affirmed as trial court did not err granting appellee’s request for injunctive relief against appellants and dismissing appellants’ complaint; no error interpreting restrictive covenants to bar appellants from using the basement of their home as their residence while renting the rest of the house; attorney’s fees issue not properly preserved, Rule 5A:18
0331233 Jeffrey Earl Fitzgerald v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict appellant of driving under the influence of alcohol; court did not err relying upon the results of a retrograde extrapolation test and finding police had probable cause to arrest; additional arguments waived, Rule 5A:18 and Rule 5A:20(c)
0836221 Marqueze Eugene White v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient for assault and battery against Officer Andre; evidence was insufficient to convict appellant of assault and battery on Officer Staie and that conviction is reversed; matter is remanded to the trial court to resentence accordingly
0908222 Dustin Harris v. Commonwealth of Virginia 01/23/2024
Trial court did not err convicting appellant of all charges; trial court did not abuse its discretion as it did not exceed the statutory maximums and imposed sentences within the ranges set by the legislature
1141224 Hector Armando Gamez Amaya v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as no abuse of discretion refusing appellant’s cautionary jury instruction on uncorroborated testimony of an accomplice as there was sufficient corroboration by appellant’s statements; no abuse of discretion admitting hearsay evidence; harmless error allowing credibility testimony and restricting impeachment cross-examination as evidence was cumulative
1187222 Davonn Bassett v. Commonwealth of Virginia 01/23/2024
Trial court did not err denying appellant’s motions to strike and set aside the verdict; sufficient evidence existed for the jury to find appellant overcame the victim’s will by force, threat, or intimidation; no abuse of discretion permitting introduction of evidence of victim’s cognitive impairments and preventing appellant from introducing evidence of victim’s sexual activity
1416221 Daryl Wayne Hogg v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient to convict appellant of willfully failing to appear; appellant failed to negate Commonwealth’s prima facie showing
1443233 Commonwealth of Virginia v. Leigh Ann Jennings 01/23/2024
Trial court erred in granting appellee’s motion to suppress evidence as there was probable cause for the trooper to search the vehicle
1700221 Thomas E. Morris, et al. v. Anthony Heath Parker, et al. 01/23/2024
Trial court did not err denying appellant’s claim for an implied easement over a right of way; appellants failed to prove the physical location of the claimed easement and failed to link the platted right of way to an actual location
1736222 Shawn Maurice James v. Commonwealth of Virginia 01/23/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of possession of a firearm after conviction of a violent felony; appellant’s statements establish he possessed the firearm, exercising actual control
1794221 Frederick Clark, Jr. v. Commonwealth of Virginia 01/23/2024
Trial court did not err concluding in-court identification evidence sufficient for the jury to find appellant guilty of robbery, abduction, object sexual penetration, and three counts of use of a firearm; considering the totality of the circumstances, victim’s in-court identification was reliable and corroborated by video and photographic evidence
1954222 Brian Aaron Frazier v. Commonwealth of Virginia 01/23/2024
Judgment affirmed as trial court did not abuse its discretion granting jury instruction on flight; appellant failed to object when flight was mentioned in closing rebuttal argument and the argument is waived, Rule 5A:18; appellant did not preserve sufficiency challenges, Rule 5A:18
0049234 Sanjay Sainani, et al. v. Belmont Glen Homeowners Association, Inc. 01/16/2024
Judgment is affirmed in part, reversed in part, and remanded to the trial court for further proceedings; case remanded for trial court to provide explanation for the post-remand fee award and to consider evidence of Marr’s appellate work in determining the fee award; appellant’s assignment of error regarding trial court’s alleged contributing role waived, Rule 5A:20(e)
0723221 Lecram Omari Sanders v. Commonwealth of Virginia 01/16/2024
Trial court did not err in concluding that a witness’ testimony was not inherently incredible; no error in denying appellant’s motion to set aside the verdict and order a new trial based on after-discovered evidence where appellant failed to demonstrate materiality of the evidence
1105222 Tonya D. Chapman v. Jonathan Burkett, et al. 01/16/2024
Trial court did not err sustaining appellee’s demurrer and dismissing appellant’s second amended complaint with prejudice as appellant failed to plead facts sufficient to allege actual malice; appellant failed to allege Burkett knew or should have known statements reported from the draft OSIG were false
1230221 James Thomas Charnick v. Commonwealth of Virginia 01/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient to convict of carjacking, credit card theft, and use of a firearm and denying motion to set aside verdict on Brady violation; victim’s identification of appellant corroborated; objections to exhibits waived by offering similar evidence; prejudice not established as exculpatory evidence not material
1507221 Tyrone Lamont Pair v. Commonwealth of Virginia 01/16/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of second-degree murder and exclude hypotheses of innocence; no abuse of discretion allowing evidence of the emergency protective order obtained by the victim against appellant the day before she was killed; probative evidence outweighed obvious yet incidental prejudice
1539224 Brandon Willis Kamga v. Commonwealth of Virginia 01/16/2024
Judgment affirmed as trial court did not err finding evidence sufficient for the jury to convict appellant of involuntary manslaughter and reckless handling of a firearm; trial court did not prevent appellant from examining witness; appellant did not preserve for appeal whether the trial court erred restricting appellant’s impeachment of witness, Rule 5A:18
0232234 Kevin Eugene Brooks v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient to prove appellant possessed the intent to maim, disfigure, disable, or kill and that appellant acted with malice; intent to disfigure or maim and malice may be presumed from appellant’s unprovoked assault and severity of victim’s injuries
1013222 Erik Smith Allen v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of assault and battery of a law enforcement officer; evidence sufficient for the jury to conclude appellant’s actions were done in a rude, insolent, or angry manner and impute harmful intent
1014222 Erik Smith Allen v. Commonwealth of Virginia 01/09/2024
Trial court did not err finding evidence sufficient for the jury to convict appellant of malicious wounding; appellant’s convictions of malicious wounding and assault and battery of a household or family member are separate offenses and did not violate double jeopardy
1133222 Jeffrey Antonio Barlow v. Commonwealth of Virginia 01/09/2024
Trial court did not err denying appellant’s motion to suppress; appellant’s seizure and search was supported by reasonable articulable suspicion; if the search rose to the level of a strip search, it was justified by appellant reaching into his pants, the intrusion was minimal, and the manner was reasonable; matter remanded solely to correct the sentencing order
1136221 Dequan O'Neal Beamon v. Commonwealth of Virginia 01/09/2024
Trial court did not err denying appellant’s motion to suppress evidence from the warrantless vehicle search or appellant’s motion to strike for insufficient evidence; totality of the evidence allows the trial court to find appellant constructively possessed the marijuana in the car and the firearm
1440221 Francisco Charles McClain v. Commonwealth of Virginia 01/09/2024
Trial court did not err as evidence was sufficient to find appellant a felon in possession of a firearm and brandishing a firearm
1523222 Raven Brown v. Henrico Department of Social Services 01/09/2024
Trial court did not err finding evidence sufficient to terminate appellant’s parental rights where appellant failed to remedy substantially the conditions that led to and required the child’s continuation in foster care; court did not err finding it was in the best interest of the child to terminate appellant’s parental rights
0128234 Damonta Martin, s/k/a Damonte Martin v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding evidence sufficient to convict appellant of malicious wounding and maliciously shooting at an occupied vehicle; no evidence established an overt act justifying or excusing appellant firing weapon or that appellant was threatened
0682221 Michael Alan Bush v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant’s motion to suppress statements, denying his motion to strike Commonwealth’s evidence as insufficient, and rejecting his proposed jury instruction; appellant’s statements were voluntary and not the result of police coercion; evidence sufficient to find appellant did not act in self-defense and sustain conviction for first-degree murder
0931222 William Arthur Greene, Jr. v. Commonwealth of Virginia 12/28/2023
Trial court did not err determining appellant’s statutory or constitutional speedy trial rights were not violated; no abuse of discretion denying appellant’s motion for a mistrial or allowing evidence as to the lack of an alibi witness; no error for trial court to apply penalty under Code § 18.2-58 in effect at the time of the robbery; evidence sufficient for jury to convict as charged
1199221 Allen W. Poulson v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant’s motion to suppress; no violation of Fourth Amendment or Miranda rights as appellant’s interactions with police were consensual prior to his lawful arrest
1267221 Daniel Lee Horne v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding sufficient evidence to support appellant’s convictions for malicious wounding, use of a firearm, and maliciously shooting into an occupied dwelling; trial court did not abuse its discretion when it rejected appellant’s proposed Castle Doctrine jury instruction
1431221 Charles Robert Nicholson, III v. Commonwealth of Virginia 12/28/2023
Trial court did not err finding sufficient evidence of involuntary manslaughter; a rational factfinder could conclude appellant’s conduct was so willful and wanton as to demonstrate a reckless disregard for the victim’s safety; no evidence of an intervening act of negligence
1740222 Wilbert Green Venable, s/k/a Wilbert Leroy Green Venable v. Commonwealth of Virginia 12/28/2023
Trial court did not err in denying appellant’s motion to dismiss and motion in limine on double jeopardy and statute of limitation violations; appellant waived the objection of double jeopardy by failing to timely file his motion, Code § 19.2-266.2(A); no statute of limitations for felony offenses
1750221 Carol Norman Drew v. Armor Correctional Health Services, Inc. 12/28/2023
Trial court did not err in sustaining demurrer and dismissing appellant’s complaint; demurrer sustained as it did not state a duty owed to appellant; trial court did not improperly consider the merits of the facts alleged in sustaining the demurrer
1756224 Jeffrey M. Collins v. Martin A. Korkowski, M.D., et al. 12/28/2023
Judgment affirmed as no abuse of discretion finding appellant’s rebuttal expert designation inadequate or allowing redirect testimony by an expert witness; argument trial court erred not allowing appellant to cross-designate portions of his deposition waived by failure to proffer cross-designation; argument for additional cross-examination of expert waived, Rule 5A:18
1814223 Deborah R. Magid v. John J. O'Keefe, Jr., Attorney at Law 12/28/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to set aside an order for lack of subject matter jurisdiction; no evidence that general district court ever acquired personal jurisdiction over appellant so the court declines to consider appellant’s subject matter argument under Code § 17.1-513
1900223 Katherine Amanda Ferguson v. Roanoke City Department of Social Services 12/28/2023
Trial court did not err terminating appellant’s parental rights and approving the foster care goal of adoption; evidence was sufficient to terminate parental rights under Code § 16.1-283(C)(2)
1918224 Marcelo Raul Beltran Saavedra v. Commonwealth of Virginia 12/28/2023
Trial court did not err denying appellant’s motion to suppress incriminating statements as totality of the circumstances show appellant’s statements were voluntary; no abuse of discretion denying appellant’s motion in limine as evidence of five other videos found on appellant’s phone were highly probative of appellant’s intent to film the victim
0013231 Damontae Lamar Diggs v. Commonwealth of Virginia 12/19/2023
Trial court did not err when it found evidence was sufficient for a jury to convict appellant of three counts of robbery and three counts of use of a firearm in commission of a felony where there was sufficient circumstantial evidence to find guilt beyond a reasonable doubt
0141233 Jason Lamont Cunningham v, Commonwealth of Virginia 12/19/2023
Trial court did not err finding evidence sufficient to support appellant’s conviction for fleeing law enforcement in violation of Code § 18.2-460(E); trial court did not err in rejecting appellant’s defense of resisting an unlawful arrest
1036223 Jamal Divine Gardner v. Commonwealth of Virginia 12/19/2023
Judgment affirmed as no abuse of discretion in refusing to allow appellant’s counsel to ask certain questions of potential jurors about views on race and gun violence; argument defaulted on questions concerning the right of a defendant not to testify, Rules 5A:18 and 5A:20; evidence was sufficient to convict appellant of aggravated malicious wounding
1129221 Jonathan Cornelius McNeal v. Commonwealth of Virginia 12/19/2023
Judgment affirmed as trial court did not err rejecting appellant’s argument the Commonwealth failed to prove with specificity when the offenses occurred; based on victim’s testimony, jury could properly conclude appellant committed the offenses within the time frames in the indictments; appellant failed to preserve additional sufficiency challenges, Rule 5A:18
1381222 Robert Dean Kincaid, Jr. v. Commonwealth of Virginia 12/19/2023
Trial court did not err denying appellant’s motion to suppress post-accident admissions as they were voluntary statements; no error denying the motion to suppress toxicity results as the affidavit contained sufficient showing of probable cause for issuance of the search warrant without the contested admission; no abuse of discretion allowing cross-examination to show bias
1386221 Phillip Evan Jones v. Commonwealth of Virginia 12/19/2023
Trial court did not err finding evidence was sufficient for the jury to find appellant guilty of first- degree murder and use of a firearm; evidence sufficient to conclude appellant was the shooter and establish premeditation; trial court did not err in refusing to strike a juror for cause
1472221 Steven Perry v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910
1526222 Woodrow Jackson, Sr. v. Commonwealth of Virginia, Department of Conservation and Recreation 12/19/2023
Judgment reversed and case remanded as trial court erred in sustaining appellee’s demurrer; facts in appellant’s complaint are sufficient to state a cause of action for an easement by necessity; defense of res judicata is not properly placed in issue
1776223 Erin Leanne Hayes v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding evidence was sufficient for the jury to convict appellant of driving under the influence of alcohol
1807223 Erik Stewart Smith, s/k/a Erick Stewart Smith v. Commonwealth of Virginia 12/19/2023
Trial court did not err in finding evidence sufficient to convict appellant of distribution of heroin and methamphetamine; the Commonwealth’s evidence was competent, not inherently incredible and sufficient to prove guilt beyond a reasonable doubt
0103232 Corporate Operations, d/b/a Sunrise Senior Living, et al. v. Elizabeth Nassar 12/12/2023
Commission’s award for claimant’s benefits affirmed; the record supports Commission’s findings that the workplace accident caused a new, compensable back injury and that appellee provided timely actual notice of the accident and injuries
0195233 John T. Jenkins, et al. v. Nationwide Mutual Fire Insurance Company 12/12/2023
Judgment affirmed as appellant failed to preserve its objection to trial court’s order granting appellee leave to file an amended answer, Rule 5A:18
1092224 Greater Washington Endodontics P.C., et al. v. Plaza Office Realty I, LLC 12/12/2023
Trial court did not err in ruling appellant was in a holdover posture, finding no written demand for holdover payments was necessary, finding Pollock liable for breach of guaranty and denying appellant’s counterclaim for failure to return the security deposit; no abuse of discretion in its award of attorney fees
1211222 Samuel Murphy v. Billie A. Murphy 12/12/2023
Trial court did not abuse its discretion interpreting the final decree to provide for distribution of excess equity in the marital home to appellee; appellee’s request for attorney fees and costs denied
1221224 Dany Edgardo Hernandez v. Commonwealth of Virginia 12/12/2023
Judgment affirmed as trial court did not err denying appellant’s claim for a new trial; assuming evidence should have been disclosed, a new trial was unwarranted based on overwhelming independent evidence; no error in rejecting appellant’s double jeopardy claim; appellant failed to timely object to preserve the argument of juror bias, Rule 5A:18
1257223 Robert Lee Jeffrey, Jr. v. Commonwealth of Virginia 12/12/2023
Judgment affirmed as there was no abuse in discretion denying appellant’s motion to withdraw his no contest plea and finding the motion was not made in good faith; no error in finding there was no variance between the indictment and proffer; appellant’s assignment of error regarding denial of continuance not preserved, Rule 5A:8
1293221 Jhonathan Castro Contreras v. Commonwealth of Virginia 12/12/2023
Trial court did not err in finding sufficient evidence of rape and abduction with intent to defile; evidence at trial supported the trial court’s credibility determination and finding of guilt
1300222 Anthony Johnny Davenport v. Nationwide Mutual Fire Insurance Company 12/12/2023
Judgment affirmed as trial court did not abuse its discretion allowing testimony to include time offsets applied to cell phone data as the testimony was from analysis and experience rather than inadmissible hearsay; any error in excluding impeachment evidence of a witness was harmless error
1322221 William R. Lott v. Maria V. Lott 12/12/2023
Judgment affirmed in part as trial court’s award of payments representing wife’s portion of husband’s military retirement pay was proper under the indemnification clause of the property settlement agreement; judgment reversed in part as trial court erred in determining spousal support without a hearing, Rule 4:15
1474222 School Board for the City of Richmond v. Mark Emerick Lee, Jr. 12/12/2023
Judgment affirmed as trial court had jurisdiction to hear appeal of the General District Court judgment and did not err in in awarding damages for unpaid wages or abuse its discretion denying the motion to modify or suspend the order; a timely-filed written statement of facts is necessary to permit review of appellant’s other assignments of errors, Rule 5A:8(c)(1)
1646221 Bashar Al Jobori, et al. v. Hadi Makhoul 12/12/2023
Trial court did not err in sustaining appellee’s plea in bar and dismissing appellant’s claims with prejudice; sufficient evidence was presented to find appellant’s claims were barred by a confidential settlement agreement
1701221 Christopher Warren Mcvey v. City of Newport News 12/12/2023
Trial court did not err in finding evidence was sufficient for the jury to convict appellant of disorderly conduct
0065233 Wayne Joseph Baker v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as appellant’s complaint that trial court did not sufficiently inquire as to the basis of appellant’s motion for new counsel was waived
0885221 Jamall Andre Taylor v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as evidence was sufficient to overcome appellant’s motion to strike and motion to set aside the verdict and for the jury to convict appellant of malicious wounding, use of a firearm in a public place and discharge of a firearm; appellant failed to preserve the argument regarding jury instruction, Rule 5A:18
1040222 Rashad Isaac Wyche v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was competent, credible, and sufficient to prove beyond a reasonable doubt that appellant was guilty of malicious wounding, abduction, and two counts of strangulation
1208221 Demarco Johnson v. Checkered Flag Store #3, LLC 12/05/2023
Judgment affirmed as appellant’s argument the trial court erred in dismissing count IV of his complaint is barred by Rule 5A:20; a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of appellant’s assignments of errors, Rule 5A:8(b)(4)(ii)
1232222 The East End Landfill, LLC v. The County of Henrico Virginia, et al. 12/05/2023
Trial court did not err in dismissing appellant’s appeal from a Board of Zoning Appeal’s decision dismissing a conditional use permit where the sole basis for appeal was challenging the constitutionality of the zoning ordinance; appeals under Code § 15.2-2314 allow for court review of a zoning decision, not to challenge the constitutionality of an ordinance
1233222 The East End Landfill, LLC v. The County of Henrico Virginia, et al. 12/05/2023
Judgment affirmed as appellant’s approbation and reprobation is fatal to its argument that the trial court erred in dismissing appellant’s motion for declaratory judgment
1234222 The East End Landfill, LLC v. Board of Supervisors of Henrico County et al. 12/05/2023
Judgment affirmed as appellant’s approbation and reprobation is fatal to its argument that the trial court erred in dismissing appellant’s petition for injunction
1313221 Matthew Allen Coglio v. Commonwealth of Virginia 12/05/2023
Trial court did not err when it found evidence sufficient for a jury to convict appellant of second-degree murder, use of a firearm and maliciously shooting into an occupied building; trial court did not abuse its discretion allowing hearsay to show the victim’s state of mind; protections against double jeopardy were not violated
1504223 John Wallace Blanchard v. Commonwealth of Virginia 12/05/2023
Judgment affirmed as there was no abuse of discretion in allowing complaining witness to testify about an incident that occurred after she turned 18 and admitting a portion of text messages she sent to her mother after the incident; argument about court’s refusal to explain instructions to jury barred by Rule 5A:18
1617221 Dustin Deon Walker v. Commonwealth of Virginia 12/05/2023
Trial court did not err when it found evidence was sufficient for a jury to find appellant knowingly possessed cocaine with the intent to distribute, possession of a firearm and carrying a concealed weapon; no requirement to prove a nexus between possession of cocaine and possession of a firearm
1793221 Jessie Lee Branch v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was sufficient to prove appellant guilty of destruction of property and three counts of violation of a protective order
1919223 Jessi Ryan Hackett v. Commonwealth of Virginia 12/05/2023
Trial court did not err in finding evidence was sufficient to convict appellant of assault and battery of a family or household member where record demonstrates appellant and victim shared living arrangements and were in a long-term romantic relationship within the intendment of Code § 18.2-57.2
0746221 Ronelle Kenneth Harris v. Commonwealth of Virginia 11/28/2023
Trial court did not abuse its discretion by failing to strike a juror for cause; no error in refusing to set aside the verdicts based on appellant’s allegation of a Brady violation
0884222 Christine Solem v. Commonwealth of Virginia 11/28/2023
Trial court did not err in finding evidence was sufficient to convict appellant of trespassing as she did not demonstrate the underlying trespass notice was unconstitutional or otherwise invalid
1346222 John Russell Thompson, Jr. v. Commonwealth of Virginia 11/28/2023
Trial court did not err in denying appellant’s motion to suppress; given the totality of the circumstances the court did not err in finding there was reasonable, articulable suspicion appellant was in possession of a controlled substance
1797224 Ho-Won Jeong v. George Mason University 11/28/2023
Judgment affirmed as any error in ruling on appellant’s reply brief is harmless; no abuse of discretion in declining to qualify an attorney as an expert witness on discovery matters, refusing to admit exhibits 3, 8, 9, 10, and 10A, denying in camera review, refusing to allow appellant to question appellee’s counsel, denying motion to compel, and denying motion to recuse
1989224 Khachik Yevdokimov v. McDiarmid Associates 11/28/2023
Trial court did not abuse its discretion by denying appellant’s motion to file an amended complaint as appellant failed to state an affirmative action taken by appellee in the amended complaint and granting the motion would be futile; no error in denying motion to lift the stay of discovery
0149234 Nathaniel Edward Green, III v. Edith H. Rameika, et al. 11/21/2023
Trial court did not err in accepting service by order of publication in adoption case; no error in finding adoption was in children’s best interests after court considered the evidence presented and the statutory factors under Code § 63.2-1205
0733231 Commonwealth of Virginia v. Cameron Dion Drane 11/21/2023
Judgment reversed where trial court erred in attributing all periods of delay to the Commonwealth when only the first 58-day delay should have been counted against the Commonwealth for speedy trial purposes, Code § 19.2-243
0810221 Lamont Decarlo Booker v. Commonwealth of Virginia 11/21/2023
Trial court did not err by finding appellant’s conviction was not void for extrinsic fraud upon the court under Code § 8.01-428(D) and it lacked jurisdiction to vacate the conviction under Rule 1:1
0835222 Deandre Dominique Vaught v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possession with intent to distribute cocaine and fentanyl based on evidence collected at the scene and expert testimony; no error in denying appellant’s motion for a continuance of the trial as appellant has shown neither an abuse of discretion nor prejudice
0909224 Donnie Eric Stephen Johnson v. Commonwealth of Virginia 11/21/2023
Judgment affirmed as no abuse of discretion in admitting the certificate of analysis; evidence was sufficient to prove appellant guilty of possession with intent to distribute Eutylone, possession of a firearm while in possession of Eutylone, and unlawfully shooting into occupied dwelling; remaining assignments of error barred by Rules 5A:18 and Rule 5A:20
0985223 Ruanta Deangelao Price v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to convict appellant of strangulation as the victim’s testimony was not inherently incredible and the physical evidence was consistent with victim’s testimony
1256223 Garland L. Bowman, II v. State Farm Fire and Casualty Company 11/21/2023
Judgment reversed and case remanded where the insurance policy contained ambiguous language making it unclear as to whether appellant was out of compliance with the policy when he filed his declaratory judgment action and the ambiguity renders the case justiciable
1285221 Barry Eugene Lewis v. Commonwealth of Virginia 11/21/2023
Judgment reversed and case remanded for resentencing where trial court erred in imposing a sentence of active incarceration that exceeded the statutory maximum sentence for a second technical probation violation under Code § 19.2-306.1(C)
1364221 Mishon Michael Tarpley v. Commonwealth of Virginia 11/21/2023
Trial court did not err in denying appellant’s motion to suppress where the traffic stop was justified by officer’s reasonable, articulable suspicion of criminal activity involving equipment violations
1544224 Paul Clay Myers v. Commonwealth of Virginia 11/21/2023
Trial court did not err by finding evidence was sufficient to prove appellant committed object sexual penetration and rape by force or intimidation, Code §§ 18.2-61(A), 18.2-67.2(A)(2)
1579221 William Earl Aldridge v. Commonwealth of Virginia 11/21/2023
Trial court did not abuse its discretion by imposing an active sentence of incarceration of one year and six months after appellant’s suspended sentence was revoked for incurring new criminal
1618222 James Ray Huff v. Commonwealth of Virginia 11/21/2023
Judgment affirmed as there was sufficient evidence that appellant penetrated the victim with his penis; argument that there was insufficient evidence that the sexual encounter was non-consensual barred by Rule 5A:18
1717223 Hasan Ibn-Sami Abdussalaam v. Commonwealth of Virginia 11/21/2023
Trial court did not err in finding evidence was sufficient to prove beyond a reasonable doubt that appellant knew the gun was in the car in which he was sitting, the gun was subject to his dominion and control, he was a convicted felon, and he was guilty of violating Code § 18.2-308.2
1875223 Zachary Cruz v. Lindsay Combs, In her Individual Capacity 11/21/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error related to sanctions, Rule 5A:8(b)(4)(ii), and those assignments of error are also barred by Rule 5A:18; appellant’s nonsuit rendered the argument regarding the denial of his motion for recusal moot
1904224 Wayne Shorter v. Darien Cherry, et al. 11/21/2023
Judgment affirmed as appellant’s arguments that a witness’ testimony was admitted in violation of the Dead Man’s Statute, Code § 8.01-397, and additional testimony about appellant’s reputation for being dishonest was improperly admitted are barred by Rule 5A:18; no error in rejecting the 2021 will and admitting the 2022 will to probate based on the record
0210222 Wakeel Abdul-Sabur v. Commonwealth of Virginia 11/14/2023
Trial court did not err when it denied appellant’s motion for resentencing as he filed the motion well after 21 days from the entry of the final order and the court did not have jurisdiction to grant the relief requested
0947223 Gary LaFayette Waller, s/k/a Big Heart El Bey v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as appellant’s argument that exclusion of certain evidence violated his constitutional rights is barred by Rule 5A:18; no error in denying motion to strike abduction, malicious wounding, and firearms charges; there was sufficient evidence for court to grant an instruction on inferred malice from the use of a deadly weapon
0992222 Kenneth Alan Rose v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as appellant’s argument that the victims’ testimony was inherently incredible and unworthy of belief is barred by Rule 5A:18 and appellant has not demonstrated that a manifest injustice has occurred
1140221 Carson Carnell Davis, Jr. v. Commonwealth of Virginia 11/14/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1540223 Charles Justin West v. Jennifer Lynn Lemmer 11/14/2023
Judgment affirmed as appellant’s argument that trial court abused its discretion by admitting a psychotherapy progress note under the business records exception to the hearsay rule is barred by Rule 5A:18; court was not plainly wrong in ruling statements constituted party admissions; no abuse of discretion in court’s refusal to give appellant’s requested cautionary instruction
1549223 Travis Ryan Brown v. Commonwealth of Virginia 11/14/2023
Trial court did not err in finding evidence was sufficient to convict appellant of unauthorized use of a motor vehicle as victim’s testimony was not inherently incredible as a matter of law
1596222 Daniel A. Martinez-Nolasco v. Commonwealth of Virginia 11/14/2023
Trial court did not abuse its discretion by denying appellant’s motion to withdraw his Alford pleas to attempted murder and first-degree murder where appellant did not establish a reasonable defense to the charges
0136233 Watan Holdings, LLC v. Violet Blankenship, et al. 11/08/2023
Trial court did not err in sustaining a demurrer to appellant’s amended complaint alleging a breach of general warranty of title as appellant had not sufficiently pled an actual or constructive eviction
0144231 Veronica M. Johnson v. Rock Solid Janitorial, Inc., et al. 11/08/2023
Judgment affirmed in part as appellant’s argument that a 2018 order was void ab initio is barred by Rule 5A:20(e); appellant’s argument regarding a default judgment barred by Rule 5A:18; judgment reversed in part as res judicata only bars appellant’s claims against Selective and appellant’s personal injury claim against Rock Solid is not barred by claim or issue preclusion
0737222 Joseph Wayne Smith, Jr. v. Commonwealth of Virginia 11/08/2023
Judgment affirmed as argument that the evidence was insufficient to convict appellant is barred by Rule 5A:18 due to his failure to renew his motion to strike after presenting evidence and because he did not file a post-trial motion to set aside the verdict; appellant fails to meet his burden that a manifest injustice occurred and the record does not affirmatively establish error
0789221 Dezmond Donte Canaday v. Commonwealth of Virginia 11/08/2023
Trial court did not err by finding evidence was sufficient to convict appellant of making a false statement on a firearm form in violation of Code § 18.2-308.2:2
0930221 Patrick M. Barnes v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding the Commonwealth’s evidence was competent, credible, and sufficient to prove beyond a reasonable doubt that appellant was guilty of abduction, second-degree murder, and two counts of use of a firearm in commission of a felony; no abuse of discretion in rejecting appellant’s proposed instructions on eyewitness identification testimony
0960222 Steve Timothy Wilkerson, Jr. v. Commonwealth of Virginia 11/08/2023
Trial court did not err when it found evidence was sufficient to convict appellant of eluding the police in violation of Code § 46.2-817(B)
0986222 Zion Mongoles Howell v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possession with intent to distribute a Schedule I or II controlled substance while also possessing a firearm based on the totality of the evidence
1061222 Niiadotey Newbold v. Michael Tillman, et al. 11/08/2023
Judgment affirmed as a timely-filed transcript of the June 28, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1151221 George LeRoyal Townsend v. Commonwealth of Virginia 11/08/2023
Judgment affirmed as appellant’s argument that trial court erred in finding the victim was so intoxicated that she was mentally incapacitated and incapable of consent is barred by Rule 5A:18 and appellant has failed to carry his burden of proving a manifest injustice in this case
1182221 Tashara Mone Jackson v. Commonwealth of Virginia 11/08/2023
Trial court did not err when it found evidence was sufficient to convict appellant of murder and conspiracy and when it denied motion to suppress statements to law enforcement; no abuse of discretion by court in denying motion in limine to exclude text messages between co-conspirators and refusing proposed jury instructions; motion for mistrial argument waived
1255221 Corey Jenkins v. Commonwealth of Virginia 11/08/2023
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove he possessed lascivious intent toward the victim and he was guilty of the charged offense, Code § 18.2-370(A)(1)
1339223 Paris C. Graves v. Roanoke City Department of Social Services 11/08/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(B) as the termination was in the child’s best interests
1379223 Jake Wajed Inam v. Roanoke City Department of Social Services 11/08/2023
Trial court, in a termination of parental rights matter, did not abuse its discretion by denying appellant’s request for a continuance where the children had been in foster care for 25 months and after accepting appellant’s proffer of the witnesses’ testimony and treating it as substantive evidence
1433222 Edward Allen Cliborne v. Commonwealth of Virginia 11/08/2023
Trial court did not err by finding evidence was sufficient for jury to convict appellant of object sexual penetration in violation of Code § 18.2-67.2(A)
1548223 Shaun Steven Reed v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to conclude appellant possessed the requisite criminal intent and convicting appellant of attempted abduction, Code § 18.2-47, and assault, Code § 18.2-57
1680223 Timothy Lee Wood, Sr. v. Commonwealth of Virginia 11/08/2023
Trial court did not abuse its discretion in excluding testimony from appellant’s daughter that complaining witness made sexual advances to appellant where appellant failed to proffer the specific testimony he would have elicited from his daughter
1691223 Caleb Rashaad Nowlin v. Commonwealth of Virginia 11/08/2023
Trial court did not err in finding evidence was sufficient to convict appellant of the charge against him, Code § 18.2-61
0220222 Bruce Eric Anderson v. Commonwealth of Virginia 10/31/2023
Judgment affirmed in part as to appellant’s conviction for arson of an unoccupied building in violation of Code § 18.2-77; judgment reversed in part as to appellee’s conviction for maliciously burning a structure with property inside valued at $500 or more, Code § 18.2-80; case remanded for retrial on lesser included offense of misdemeanor burning a structure
0231231 Tyrone Lamont Holloway v. Commonwealth of Virginia 10/31/2023
Trial court did not err by dismissing appellant’s motion to vacate his 2013 convictions for abduction and rape, claiming extrinsic fraud under Code § 8.01-428(D)
0300231 Scott Edward Pease v. Commonwealth of Virginia 10/31/2023
Trial court did not err in convicting appellant of two counts of violating a protective order under Code § 16.1-253.2 as the evidence was sufficient to prove that appellant knew the protective order existed and he sent audio and text messages to the victim in violation of the order
0698222 Sandeep Yadav, et al. v. Rajeeva Agrawal, et al. 10/31/2023
Trial court did not err in ruling appellees had the necessary voting power to execute a valid written consent to remove appellant as a manager; no error in court’s decision to decline to treat the designated agreed value of the contributions in the January 2009 operating agreement as the actual amount of contributions made by the members
1087221 Eleanor A. Hunter, et al. v. Charles M. Hunter, Jr. 10/31/2023
Trial court did not err in finding that Charles M. Hunter, Jr. did not violate the terms of the no-contest provision in a trust agreement by making certain arguments in response to appellant’s counterclaim and on appeal
1134221 Bon Secours-Depaul Medical Center, Inc., etc., et al. v. Vasilia C. Rogakos-Russell, etc 10/31/2023
Trial court did not err in finding decedent’s hearsay statements regarding his fall did not require corroboration under the Virginia Dead Man’s Statute, Code § 8.01-397; no abuse of discretion in failing to strike testimony of estate’s expert witnesses, denying demonstrative exhibit, and refusing certain jury instructions; no error in denying motions to strike and set aside verdict
1237221 Charles M. Hunter, Jr. v. Eleanor A. Hunter, et al. 10/31/2023
Trial court did not abuse its discretion in permitting Eleanor Hunter to present certain evidence and testimony that was not disclosed according to the timeline set out in the scheduling order; no abuse of discretion in granting Eleanor Hunter’s request for attorney fees and denying appellant’s request for fees
1319221 Mid-Atlantic Women's Care, P.L.C. v. Gloria Kontaratos 10/31/2023
Trial court did not abuse its discretion by denying appellant’s motion for a mistrial based on doctor’s absence during part of the trial where court repeatedly instructed the jury not to make any assumptions or draw any inferences from the doctor’s absence; appellant did not meet its burden of proving its rights were so indelibly prejudiced as to require a mistrial
1876221 David Owen Preston v. Commonwealth of Virginia 10/31/2023
Trial court did not err in denying appellant’s motion to suppress evidence where appellant, who was obviously intoxicated and who continued to consume alcohol in a running car, was located in a parking area within plain view of the officer, Code § 18.2-266
0030231 Kevin Lamont Walker v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it weighed the evidence and imposed a sentence that did not exceed the statutory maximum; argument that the court erred in denying appellant’s motion for funds to hire a private investigator is waived as appellant entered an unconditional no contest plea to the charges and his argument does not challenge the trial court’s jurisdiction
0084234 Chantal H. Mehrabani v. BJ's Wholesale Club, Inc. 10/24/2023
Commission’s award of permanent partial disability benefits based on a 7% impairment of the right upper extremity affirmed
0225232 Cynthia P. Oliver v. Kimberly A. Pinchbeck, P.C. 10/24/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0531233 Terry Allen Riggleman v. Commonwealth of Virginia 10/24/2023
Trial court did not err by dismissing appellant’s petition for declaratory judgment; sentencing order challenged by appellant was not void ab initio
0594222 Amanda L. Reece v. Henrico County Department of Social Services 10/24/2023
Trial court did not err when it terminated appellant’s parental rights under Code § 16.1-283(C)(2) and approved the foster care goal of adoption; no error in court’s determination that appellee provided reasonable and appropriate services to appellant and termination was in the best interest of the children
0770222 Mohammed Hussein Abanda v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding sufficient evidence to convict appellant of two counts of abduction for pecuniary benefit in violation of Code § 18.2-48 and conspiracy to commit abduction for pecuniary benefit in violation of Code § 18.2-22
0786232 Commonwealth of Virginia v. Rarmil Malick Coley Pettiford 10/24/2023
Trial court erred in its interpretation of the plain language of Code § 19.2-409 and the dismissal of the charges against appellee on statutory speedy trial grounds; ruling reversed and case remanded
0787232 Commonwealth of Virginia v. Ra'Shard Marquis Jackson 10/24/2023
Trial court erred in its interpretation of the plain language of Code § 19.2-409 and the dismissal of the charges against appellee on statutory speedy trial grounds; ruling reversed and case remanded
0879221 Curtis Antonio Mitchell v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it rejected appellant’s proposed jury instructions B and C; no abuse of discretion in refusing appellant’s voir dire question nine
1009221 Jamaal Denzel Brown v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding evidence sufficient to prove appellant was the person who shot the victim and convict him of malicious wounding and use of a firearm in the commission of a felony
1018221 Brian Kenneth Robinson v. Commonwealth of Virginia 10/24/2023
Trial court did not abuse its discretion when it imposed an active term of incarceration of five years after appellant incurred a new criminal conviction during the suspension period
1044221 Amber Nicole Ethel Shelton v. Commonwealth of Virginia 10/24/2023
Judgment affirmed as trial court did not err in finding sufficient evidence to convict appellant of driving a vehicle under the influence of alcohol and while her license was revoked for a prior DUI, Code §§ 18.2-266, 18.2-270, and 46.2-391(D)(2)(a)(ii); any error in admitting the certificate of analysis into evidence at trial was harmless
1369223 Robert Dunn Hudson v. Lynsey Alexis Massie, et al. 10/24/2023
Judgment affirmed as trial court did not err when it found that appellant’s withholding of his consent for the appellees to adopt the minor children was contrary to the best interests of the children under Code § 63.2-1205; court’s refusal to admit proffered transcripts from appellant’s domestic violence criminal trial for impeachment purposes was harmless error
1421224 EN & SH Properties, LLC, et al. v. Milton Gristo 10/24/2023
Commission’s award for claimant’s temporary total disability wage loss and medical benefits is affirmed; subrogation issue is not ripe for review as no subrogation claim was before the Commission
1462221 Precise Earl Mosley v. Commonwealth of Virginia 10/24/2023
Judgment affirmed as argument that appellant did not enter his guilty pleas freely and voluntarily is barred by Rule 5A:18 and no manifest injustice will result by applying the rule; no abuse of discretion as to the sentence imposed by the court
1626223 Wesley Allen Glenn v. Commonwealth of Virginia 10/24/2023
Trial court did not err in finding sufficient evidence for jury to convict appellant of animal cruelty pursuant to Code § 3.2-6570
1912221 Alphonzo Lamont Smith v. Commonwealth of Virginia 10/24/2023
Judgment affirmed in part as to court’s denial of motion for new trial on ineffective assistance of counsel claim and denial of motion to strike; judgment reversed in part as to court’s application of incorrect legal test for Brady claims; argument as to use of preliminary hearing testimony barred by Rule 5A:18; case remanded for court to conduct a new Brady hearing
0152233 Paul Travis Greer v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion by imposing an active sentence of two years for unlawful wounding as it was within the applicable statutory range and the court expressly considered the mitigating evidence as well as the egregious facts of the case
0552222 Mark Marsh, s/k/a Mark V. Marsh v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion in sentencing appellant on his guilty plea to carjacking with use of a firearm and permitting the Commonwealth to amend the Virginia Crime Code number for that charge on the indictment after the sentencing hearing as appellant’s arguments are inconsistent with his plea, made voluntarily and in accordance with the written agreement
0850222 Keith Wayne Rivers v. Commonwealth of Virginia 10/17/2023
Trial court did not err when it found evidence was sufficient for jury to convict appellant of attempted unlawful creation of an image of a nonconsenting minor, Code § 18.2-386.1
0993222 Rhasean Shamar Anderson v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as sentence was imposed after court considered mitigating circumstances in addition to aggravating factors; argument regarding motion to vacate sentence without a hearing barred by Rule 5A:20; argument regarding judge barred by Rule 5A:18; argument regarding withdrawal of guilty plea cannot be considered in the absence of a timely-filed transcript
1241221 Kalen Terrell Reagins v. Commonwealth of Virginia 10/17/2023
Trial court did not err in denying motion to suppress evidence as court correctly determined the initial encounter between appellant and police was consensual, the court also correctly determined the point at which the seizure of appellant occurred, and the officers had a reasonable, articulable suspicion of criminal activity when they seized appellant
1242224 Madera Farm, LLC v. Prince William County Board of County Supervisors 10/17/2023
Trial court did not err in affirming BZA’s decision as evidence established nonagricultural excavation materials were brought to or stored on the property and evidence also demonstrated a land disturbance violation; appellant’s arguments challenging the constitutionality and validity of the underlying ordinances are not cognizable in this appeal
1316221 Marqui Rashawn Pittman v. Commonwealth of Virginia 10/17/2023
Trial court did not err in finding evidence was sufficient for jury to convict appellant of murder, robbery, and use of a firearm in the commission of those offenses as a principal in the second degree; no abuse of discretion when court denied appellant’s proposed accessory-after-the-fact jury instructions
1385221 Jerome Lee Wilkerson v. Commonwealth of Virginia 10/17/2023
Judgment reversed and indictment dismissed as evidence was insufficient to prove appellant’s knowing possession of cocaine found in his property bag located in an area accessible to the general jail population
1471221 Mark Lshaun Perry Mitchell, s/k/a Mark Lshaun Perry-Mitchell v. Commonwealth of Virginia 10/17/2023
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea as the motion was not made in good faith, there was no misunderstanding concerning the consequences of pleading guilty to robbery, appellant had not proffered a reasonable basis for contesting guilt, and permitting the withdrawal would prejudice the Commonwealth
1496224 Lasha Briscoe v. Brian Briscoe, Jr. 10/17/2023
Judgment affirmed as argument that trial court failed to comply with the requirements of Code §§ 20-108.1 and 20-108.2 is barred by Rule 5A:18; evidence was sufficient to support court’s decision to deviate from the child support guidelines as to private school tuition; argument about income calculation barred by Rule 5A:18
1655224 William Roy Foster v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as appellant’s argument that the evidence was insufficient to sustain his conviction for statutory burglary is barred by Rule 5A:18; appellant also failed to properly invoke either exception to Rule 5A:18
1718223 In Re: Jared R. Jenkins 10/17/2023
Trial court did not abuse its discretion when it revoked appellant’s privilege to appear as counsel in that court where his unfounded attacks against the integrity of the circuit court constituted misconduct for which the court was permitted to discipline him
1719223 In Re: Jared R. Jenkins 10/17/2023
Trial court did not abuse its discretion in holding appellant in contempt upon his failure to pay previously ordered sanctions
1810223 Brian Odell Bailey v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as argument that trial court failed to make a factual inquiry into appellant’s ability to pay court costs is barred by Rule 5A:18 and the exceptions to that rule do not apply; second assignment of error concerning a technical violation is insufficient pursuant to Rule 5A:20(c)(2); no abuse of discretion in revoking balance of appellant’s sentence
1952223 Daniel Anderson Davis v. Commonwealth of Virginia 10/17/2023
Trial court did not err in denying appellant’s motion in limine to exclude text messages at the sentencing hearing as the circumstances and context supplied indicia of reliability; no abuse of discretion in court’s imposition of an active sentence of 12 years in prison
1969222 Justin Glenn Carter v. Commonwealth of Virginia 10/17/2023
Trial court did not err when it found the evidence was sufficient to convict appellant of making a false statement on a firearms transaction record in violation of Code § 18.2-308.2:2
1996223 Nathan Tashombe Younger v. Commonwealth of Virginia 10/17/2023
Judgment affirmed as argument that trial court erred in not striking a juror for cause on its own motion is barred by Rule 5A:18 and appellant has failed to establish a manifest injustice in order to invoke the ends of justice exception to the rule
0675222 Steve Wayne Shifflett v. Commonwealth of Virginia 10/10/2023
Petition for rehearing en banc granted
0780222 Montel Jaleek Wilson v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as evidence was sufficient to sustain appellant’s convictions; trial court did not abuse its discretion in denying appellant’s continuance requests, by refusing to strike two jurors for cause, or by denying appellant’s motion for mistrial based on purported juror misconduct
1110224 Kennedy Lyn Jenkins v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as trial court did not abuse its discretion by excluding cell phone video proffered by appellant at trial; no abuse of discretion in refusing proffered instructions on right to resist an unlawful arrest; no abuse of discretion in adjudicating appellant as delinquent; argument as to sufficiency of the evidence barred by Rule 5A:20
1170223 Whitney Nicole Mabe v. Smyth County Department of Social Services 10/10/2023
Trial court did not abuse its discretion in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) or in allowing expert testimony concerning the effects of removing the child from her current foster placement
1179223 Whitney Nicole Mabe v. Smyth County Department of Social Services 10/10/2023
Trial court did not abuse its discretion in terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
1263222 Benny McCroskey, s/k/a Benny W. McCroskey v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as trial court lacked jurisdiction to grant the relief appellant sought in his motion filed more than twenty-one days after entry of the final orders
1315224 Catalin Filipeanu v. Commonwealth of Virginia 10/10/2023
Affirmed defendant’s conviction for maiming while driving under the influence, finding that the number and level of intoxicants in the defendant’s system and his resulting inability to respond effectively to an emergency situation rose to the level of criminal negligence.
1338224 Samantha Ashley Scott v. Randy Lynn Scott 10/10/2023
Affirmed the circuit court’s valuation of the marital residence as hybrid property and its division of that property between the parties, noting that Virginia courts do not require any specific method of valuation, only that all relevant statutory factors are considered.
1394223 Qu'Shawn Tylekk Manns v. Commonwealth of Virginia 10/10/2023
Trial court did not err in finding evidence sufficient to support appellant’s convictions as the uncorroborated testimony of three accomplices was not inherently incredible and appellant’s alibi evidence was rejected by the jury
1402224 John K. Leo v. Dannah A. Leo 10/10/2023
Affirmed the circuit court’s calculation of the value of one spouse’s military retirement pay, and found that all 13 factors were appropriately considered in crafting a spousal support award in light of that value.
1493223 Cristian Jose Sanchez Gomez, s/k/a Cristian Jose Sanchez-Gomez v. Commonwealth of Virginia 10/10/2023
Judgment affirmed as appellant’s argument as to whether his plea of no contest was knowingly and voluntarily made is barred by Rule 5A:18; ends of justice exception does not apply because appellant failed to show a manifest injustice occurred
1697224 Charles William Newman, III v. Commonwealth of Virginia 10/10/2023
Trial court did not abuse its discretion when it admitted an incriminating jail call recording as it did not violate appellant’s Sixth Amendment confrontation right and did not qualify as hearsay; evidence was sufficient to convict appellant of malicious wounding; claims concerning court’s denial of a motion for mistrial and motion to set aside sentence cannot be considered, Rule 1:1
1721223 Barry Watson Shough v. Commonwealth of Virginia 10/10/2023
Trial court did not err in finding evidence was sufficient to convict appellant of possessing a firearm after being convicted of a violent felony
0167232 Monte L. Lewis v. Vatrese Sharnissa Myrick 10/03/2023
Judgment affirmed as a properly filed transcript of the hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii), and appellant failed to provide the requisite notice to appellee and guardian ad litem upon filing a written statement of facts
0177232 Eric Grueninger v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion by dismissing appellant’s motion to vacate his 2017 convictions for lack of jurisdiction, Rule 1:1
0697222 Augustus Andre Damon Rhodes, a/k/a Agustus Andre Damone Rhoades v. Commonwealth of Virginia 10/03/2023
Judgment affirmed as any potential error in the admission of appellant’s statements to Detective Horn during appellant’s cross-examination was harmless; no error in denial of motion to suppress; evidence was sufficient to convict appellant of abduction, first-degree felony murder, and use of a firearm in furtherance of a felony
0799223 Michael Lynn Stables v. Commonwealth of Virginia 10/03/2023
Trial Court did not abuse its discretion in sustaining the Commonwealth’s objection to appellant’s attempt to identify the confidential informant as the identity and any bias potentially affecting the information he provided to the investigator were irrelevant and immaterial to appellant’s case
0987221 Terrance Delvon Lindsey v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion when it admitted photographs of victim’s injuries as the preponderance of the evidence established a sufficient nexus between the injury and the assault and unfair prejudice did not substantially outweigh the probative value of the photographs; evidence was competent, credible, and sufficient to convict appellant of unlawful wounding
1057221 Oksana Marinaro v. Domenick A. Marinaro 10/03/2023
Judgment affirmed as timely-filed transcripts of the entire April 2022 hearing, February 2022 pretrial conference, and June 2022 hearing, or written statements of facts in lieu of transcripts, are necessary to permit a review of the merits of the majority of appellant’s assignments of error, Rule 5A:8(b)(4)(ii); potential error in calculating duration of marriage was harmless
1066223 Jacqueline D. Davis, etc. v. Liberty Ridge Healthcare Group, LLC, etc., et al. 10/03/2023
Judgment affirmed as a timely-filed transcript of the June 7, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1075224 Laquinta Diane Morris v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion in admitting cell phone videos as they satisfied the authentication requirement of Va. R. Evid. 2:901; admission of the cell phone videos did not unfairly prejudice appellant
1169223 Sean Andrew Barb v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion when it found appellant had been released “from any and all incarceration” while participating in the Community Corrections Alternative Program and revoked appellant’s previously suspended sentences, Code § 53.1-67.9
1358224 Amelia Elze v. Jeanette Leyton 10/03/2023
Trial court did not abuse its discretion by interpreting its Rule 4:10 order to preclude Dr. Wattenmaker from asking appellee about her medical history; no abuse of discretion in excluding the doctor’s deposition testimony; any error in excluding appellee’s August 25, 2017 medical record was harmless
1583221 Joseph Merlino v. City of Virginia Beach 10/03/2023
Judgment affirmed as argument that appellant never physically abused or neglected the child is barred by Rule 5A:18; no error in finding the child was abused or neglected based on appellant’s violent and threatening actions; no error in entry of a protective order restricting appellant’s contact with child
1623224 Raney Ibrahim Elbarbary v. Tamara Lee Bond 10/03/2023
Judgment affirmed as a timely-filed transcript of the hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1638223 Michael S. Gray v. J. Daniel Cullers, Commissioner of the Revenue 10/03/2023
Judgment affirmed as appellant failed to assign error to the trial court’s alternate rulings, failed to raise a timely objection to the authorities the Commissioner argued at the hearing, and did not argue to the trial court that the Commissioner was in default under Rule 3:19 (argument was raised for the first time in his written statement of facts but no ruling was issued), Rule 5A:18
1676223 Jenifer Rebecca Gordon v. Commonwealth of Virginia 10/03/2023
Judgment affirmed as any error in denying separate trials was harmless; no error in denial of appellant’s motion to suppress; evidence was sufficient to prove strangulation of step-daughter; argument about sufficiency of the evidence to convict appellant of assault and battery on a law-enforcement officer barred by Rule 5A:18
1725222 Robert Steven Maxey, Jr. v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion by sentencing appellant to a four-year term of active incarceration after revoking his suspended sentences as it considered his mitigation evidence; no abuse of discretion in denial of appellant’s motion to modify his revocation sentence
1749221 Travis Leon Watson v. Commonwealth of Virginia 10/03/2023
Judgment affirmed where appellant’s argument that trial court abused its discretion when it imposed a sentence of active incarceration of six months after revoking his probation is barred by Rule 5A:18
1843222 Robert Leonard Huffman v. Commonwealth of Virginia 10/03/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence as there was reasonable cause to conclude that he willfully violated the conditions of his probation
1908224 Bonnie Burkhardt v. Penney Azcarate, Chief Judge 10/03/2023
Trial court did not err when it sustained appellee’s demurrer as the petition filed in the trial court wholly failed to state a claim against the appellee
0009234 Derrick Terrell Newman v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion as to the sentence imposed as the court considered all the evidence before it, including appellant’s mitigation evidence, and the sentence was within the ranges set by the legislature
0532232 Billy Enrique Delcid-Solis v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
0681233 Richard Earl Martin v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion when it denied appellant’s motion for bail, based on an unreasonable risk of harm to the public, after appellant was arrested for violating his probation
0906222 Victor Jermaine Russell Jackson v. Commonwealth of Virginia 09/26/2023
Trial court erred in denying appellant’s request for court-appointed counsel at his trial on June 7, 2022 and in requiring him to proceed to trial without an attorney, Code §§ 19.2-157, -159, 160; convictions reversed and case remanded for a new trial if the Commonwealth is so inclined
0945221 Tony Bryan Smith v. Commonwealth of Virginia 09/26/2023
Trial court did not err when it determined it lacked jurisdiction to consider appellant’s motion to vacate his 2011 convictions as the judgment at issue was not void
1069221 Sean Anthony McNeil v. Commonwealth of Virginia 09/26/2023
Trial court did not err in convicting appellant of second-degree murder and use of a firearm where the facts and circumstances of the shooting were sufficient to prove beyond a reasonable doubt that appellant acted with malice, not in the heat of passion or in self-defense, when he shot the victim
1109182 Wayne Kenneth Martin v. Hanadi Al-Samman 09/26/2023
Judgment affirmed as trial court did not err in incorporating separation agreement into the divorce decree; to the extent appellant claims separation agreement was fraudulent, argument barred by Rule 5A:20(e); no error in court’s treatment of appellant’s motions made upon remand nor in its award of attorney fees to appellee
1207222 City of Richmond v. Kenneth W. Tucker 09/26/2023
No error in Commission’s finding that claimant sustained a compensable injury to his back and spine as a result of an accident; no error in reversing the deputy commissioner’s credibility determinations
1273223 Amanda Marie Sprinkle v. Roanoke City Department of Social Services 09/26/2023
Judgment affirmed as trial court did not err when it terminated appellant’s parental rights pursuant to Code § 16.1-283(B); to the extent appellant argues Code § 16.1-283 requires DSS to prove termination of her residual parental rights was the only available remedy for the court, it is barred by Rule 5A:18
1277221 Robert Burton Weisenbeck v. Commonwealth of Virginia 09/26/2023
Trial court did not abuse its discretion by sentencing appellant to the statutory maximum sentence set by the General Assembly; no abuse of discretion in denying appellant’s motion to reconsider as, absent contrary evidence in the record, the court is presumed to have considered the mitigation evidence and arguments, as well as correctly applied the law
1439221 Oksana Marinaro v. Parks Zeigler, PLLC 09/26/2023
Judgment affirmed as a timely-filed transcript of the entire August 23, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1453224 Kevin Bartley Kerns v. Commonwealth of Virginia 09/26/2023
Trial court did not err in finding evidence was sufficient to convict appellant of knowingly and intentionally possessing cocaine as he owned the truck, was the driver and sole occupant of the truck, sat near the spoon containing cocaine and the “smoking device” behind his seat, and admitted he knew “it” had been there for at least a month and had recently smoked crack cocaine
1494223 Evan Elijah Paxton v. Jennifer Sue Paxton 09/26/2023
Judgment affirmed as trial court did not err in finding appellant had actual notice of the hearing to enter the divorce decree; argument that court abused its discretion when it valued the bank accounts barred by Rule 5A:20(e)
1509221 Peter W. Baber, s/k/a Peter Babar v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as appellant’s argument regarding admissibility of Detective Austin’s opinion testimony is barred by Rule 5A:20(e)
1603221 Susan Neal Matousek v. City of Virginia Beach 09/26/2023
Judgment affirmed as a timely-filed transcript of the August 8, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1658222 Evan Scott Anthony v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as appellant’s argument that the court erred at sentencing by concluding that it lacked jurisdiction under Code § 19.2-303.6 to defer disposition based on his autism is barred by Rule 5A:18
1851224 Darrin Mark Robertson v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as a timely-filed transcript of the revocation hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1962224 Yared Tekle Denbu v. Commonwealth of Virginia 09/26/2023
Judgment affirmed as argument that trial court erred in denying a proposed jury instruction on self-defense is barred by Rule 5A:18; argument that court erred in denying a proposed instruction on defense of others barred by Rule 5A:20 and because it was not supported by more than a scintilla of evidence
0017231 Adrian Nicholas Jeremiah Smith v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion when it sentenced appellant to an active term of six years as the court considered all the evidence, including appellant’s mitigation evidence, and imposed a sentence within the range set by the legislature
0645222 Neil Evan Wolfe v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as appellant waived his constitutional challenge to the trespassing charge under Rule 3A:9; argument that his conduct did not violate the administrative code barred by Rule 5A:20; exception in Code § 18.2-419 does not apply; no abuse of discretion in admission of Commonwealth’s jury instruction on picketing; conviction for obstruction was valid
0690232 Commonwealth of Virginia v. Wendell Randall-Smith 09/19/2023
Trial court did not err in granting appellee’s motion to dismiss based on speedy trial grounds as the Commonwealth failed to meet its burden to prove “that the delay was based on ‘one of the reasons enumerated in Code § 19.2-243 or on the accused’s waiver, actual or implied, of his right to be tried within the designated period’”
0769222 John D. Cumberland v. Board of Supervisors of Middlesex County, et al. 09/19/2023
Trial court did not err in dismissing a petition for a writ of certiorari filed pursuant to Code § 15.2-2314 on the ground that appellant lacked standing as he failed to plead sufficient facts establishing a particularized harm resulting from the BZA’s decision
0830221 Rakeem Ja-Hon Hodges v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as any error in trial court’s admission of an unredacted conviction order was harmless; evidence was sufficient to convict appellant of possession of a firearm after conviction of a violent felony as officer’s testimony was not inherently incredible; no error in court’s revocation of appellant’s previously suspended sentence based on the new conviction
0841222 Nichole Fogleman v. Commonwealth of Virginia, et al. 09/19/2023
Trial court did not err in granting the Commonwealth’s and Virginia Commonwealth University’s plea of sovereign immunity as the General Assembly did not expressly or by necessary implication waive sovereign immunity under the Virginia Human Rights Act
0877222 Pamela Kay Humphries v. Robert Brian Buchanan, et al. 09/19/2023
Petition for rehearing en banc granted
1028221 Elijah Samuel Davis Nottingham v. Commonwealth of Virginia 09/19/2023
Trial court erred in denying the motion to suppress evidence where the appellant’s vehicle was lawfully impounded under the community caretaker doctrine, but the search of the vehicle did not fall under the inventory search exception; Commonwealth’s probable cause argument cannot be considered on appeal; conviction reversed and case remanded for further proceedings
1056223 Lashawn Donnell Gordon v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion in admitting victim’s hearsay statements about the sexual abuse, Code § 19.2-268.2; evidence was sufficient to convict appellant of sexual abuse of a child, Code §§ 18.2-67.4:2 and 18.2-67.10; computer solicitation of a child, Code § 18.2-374.3(C)(3); and custodial indecent liberties, Code § 18.2-370.1
1117223 Todd Puckett v. Tamara Senger 09/19/2023
Judgment affirmed in part as trial court did not err in granting a divorce based on appellant’s incarceration, applying the parties’ agreement to the property award, requiring appellant to pay portions of expenses related to appellee’s property, and determining child support award; judgment reversed in part as to court’s finding that items #9 and #10 were marital property
1175223 Justin Scott Murphy v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as trial court did not abuse its discretion in denying motion to dismiss on speedy trial grounds; constitutional speedy trial claim, jury voir dire argument, and amendment of jury verdicts argument barred by Rule 5A:18; evidence was sufficient to prove appellant committed the charged crimes
1209222 Quantell Tonette Bowser v. Commonwealth of Virginia 09/19/2023
Trial court did not err in finding evidence was sufficient to convict appellant of petit larceny; no abuse of discretion in court’s denial of appellant’s request to defer disposition under Code § 19.2-303.2 as the court lacked authority to do so
1270222 Maria Velazquez v. Dan River Window Co., Inc., et al. 09/19/2023
No error in Commission’s finding that appellant failed to prove a compensable injury by accident
1465221 Bartholomew Junior Sebrell v. Commonwealth of Virginia 09/19/2023
Trial court did not abuse its discretion in sentencing appellant for assault of a police officer and obstruction of justice as the sentences were within the ranges set by the legislature and the court expressly acknowledged it would take appellant’s argument into consideration; no abuse of discretion by court in revoking appellant’s previously suspended sentence
1486224 John Francis Grimes v. Commonwealth of Virginia 09/19/2023
Judgment affirmed as appellant’s argument that evidence was insufficient to support convictions because it failed to prove he maintained a custodial or supervisory relationship with victim, Code § 18.2-370.1, is barred by Rule 5A:18
1537224 Michael John Star v. Commonwealth of Virginia 09/19/2023
Trial court did not err in finding evidence was sufficient to convict appellant of falsely reporting a crime to the police, Code § 18.2-461(i); argument that court abused its discretion by prohibiting appellant from filing lawsuits against certain parties without prior approval by the court barred by Rule 5A:18; ends of justice exception does not apply
1545223 Tesha Camelle Joyce v. Roanoke City Department of Social Services 09/19/2023
Trial court did not err in finding child was abused or neglected, Code § 16.1-228; no error in court’s approval of foster care plan, grant of custody to DSS, and denial of appellant’s request for custody
1896222 Jamaica-Autumn M. Miller v. Hopewell Department of Social Services 09/19/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(E)(i) given the evidence supporting its finding that the termination was in the child’s best interests
0035234 Kevin Kost v. Commonwealth of Virginia 09/12/2023
Judgment reversed as trial court abused its discretion by denying appellant’s petition for expungement under Code § 19.2-392(A) notwithstanding the presentation of uncontested evidence by appellant and satisfaction of his burden to prove a “reasonable probability” of manifest injustice; case remanded for entry of order granting petition for expungement
0168231 Omar B. Mohammad v. Commonwealth of Virginia 09/12/2023
Judgment affirmed as appellant’s argument that the court erred in finding the evidence was sufficient to convict him of possession of a firearm by a non-violent felon is barred by Rule 5A:18; appellant fails to establish that the application of the ends of justice provision of Rule 5A:18 is appropriate
0173231 Christian Coleman v. Commonwealth of Virginia 09/12/2023
Trial court did not abuse its discretion in sentencing appellant on his guilty pleas to incarceration for five years and six months with three years and six months suspended after weighing appellant’s mitigating evidence against his criminal history, including assault and battery of a law enforcement officer and a prior firearm charge
0399221 Fletcher Thornwell v. City of Hampton Department of Social Services 09/12/2023
Trial court did not err in denying appellant’s motion to strike and by finding that the child was abused or neglected, Code § 16.1-228(1); no error in transferring custody of the child to the maternal grandmother pursuant to the provisions of Code § 16.1-278.2(A1)
0675222 Steve Wayne Shifflett v. Commonwealth of Virginia 09/12/2023
Judgment reversed and case remanded where appellant’s failure to complete a sex offender treatment program and 200 hours of community service at a location approved by his probation officer were failures to “follow the instructions of the probation officer,” Code § 19.2-306.1(A)(v), and should have been treated by the court as a first technical violation
0753224 Daquil Raheem Smith v. Commonwealth of Virginia 09/12/2023
Trial court did not err in denying appellant’s motion to suppress evidence as his Fourth and Fifth Amendment rights were not violated; no error in convicting appellant of use of a firearm in the commission of murder when he was convicted of manslaughter; no abuse of discretion by court in imposing the maximum ten-year sentence for voluntary manslaughter
0756221 Darrell Delano Washington v. Commonwealth of Virginia 09/12/2023
Trial court did not err when it convicted appellant of aggravated sexual battery as the evidence was sufficient to prove the offense beyond a reasonable doubt
1025224 Edlyn Eldridge Smith, et al. v. Peggy Ridley 09/12/2023
Judgment affirmed as a timely-filed transcript of the June 23, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of Smith’s assignments of error, Rule 5A:8(b)(4)(ii); without a complete record, no evidence that Smith presented the specific arguments to the trial court that are being advanced on appeal, Rule 5A:18
1093222 Abigail Lynn Prussia, a/k/a Abigail Lynn O'Neal v. Commonwealth of Virginia 09/12/2023
Trial court did not abuse its discretion when it sentenced appellant within the sentencing guidelines, which was consistent with her request after failing to provide a urine sample
1216224 Windset Capital Corporation v. Thomas Debosky, et al. 09/12/2023
Trial court did not err in vacating the default judgment order; no error in vacating the default judgment order outside of the twenty-one days after entry of the final order provided in Rule 1:1 as a void order can be attacked at any time; court’s ruling does not implicate the statute of limitations provided in Code § 8.01-428(A) and was not based on Code § 8.10-428(D)
1430224 En'Dayia Danielle Boler v. Fairfax County Department of Family Services 09/12/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s first and second assignments of error, Rule 5A:8(b)(4)(ii); trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
1506224 Marcia Louise Johnson v. Commonwealth of Virginia 09/12/2023
Trial court did not err when it found the evidence sufficient to convict appellant of possession of methamphetamine as a rational fact finder could conclude from the evidence that she knowingly and intentionally possessed the drug and the evidence did not contain a reasonable theory of innocence
1566224 Kristin Lynn Burns v. Kenneth Williams Sullivan 09/12/2023
Judgment affirmed as trial court did not err in appointing a guardian ad litem for child, Code § 64.2-2003; no abuse of discretion by not appointing counsel for child and not compelling his appearance in court; appellant arguments regarding her requests for a status hearing barred by Rule 5A:20(e); remaining assignments of error abandoned and barred by Rule 5A:20(e)
0861224 Eric Lamont Green v. Commonwealth of Virginia 09/05/2023
Trial court did not err in denying motion to suppress as the stop was a lawful investigative detention supported by reasonable suspicion, officers did not extend the stop beyond the time necessary to accomplish the mission, and the gun was in plain view; evidence was sufficient to convict appellant of reckless driving, felony eluding, and violation of Code § 18.2-308.2
0915223 James Norman Massey v. Commonwealth of Virginia 09/05/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery of a family member based on the testimony and significant corroborating evidence presented to the jury; evidence was also sufficient to show that appellant intended to strike the deputies and his actions constituted assault and battery of a law enforcement officer
0939221 Matthew Revell-Walgorski, s/k/a Matthew Revell-Waligorski v. Commonwealth of Virginia 09/05/2023
Appeal dismissed where appellant failed to establish the trial court had subject-matter jurisdiction to consider his motion to modify or reduce his sentence, Code § 19.2-295.2; case remanded for court to vacate the April 5, 2022 order and dismiss appellant’s motion
1034224 Dominique Derick Hinton v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as trial court did not err in refusing to quash indictments based on alleged due process violations or in denying motion to suppress; no error in rejection of entrapment defense; no error in refusal to find appellant possessed cocaine and heroin with intent to distribute as an accommodation; argument regarding denial of a preliminary hearing barred by Rule 5A:18
1067221 Solomon Jerome Miller v. Commonwealth of Virginia 09/05/2023
Judgment reversed and case remanded where trial court abused its discretion in admitting and considering Exhibit 8, the extract of a witness’ testimony from the preliminary hearing transcript, for the truth of the matter asserted as it was inadmissible hearsay; court’s error was not harmless; evidence was sufficient to convict appellant of possession of a firearm, Code § 18.2-308.2(A)
1154224 Shea Curtis, Administrator of the Estate of Mary Jo Curtis v. Christopher Highfill, M.D. 09/05/2023
Judgment affirmed as argument regarding the admissibility of the 2015 letter is barred by Rule 5A:18; no abuse of discretion by court when it read the instruction regarding compensatory damages to the jury or allowed appellee to reference the compensatory damage award during opening and closing arguments
1268221 Octavia Renay Bandy v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion by denying appellant’s request that it run her revoked time concurrent with sentences received in another jurisdiction after considering all of the evidence, including mitigating evidence
1292224 Gregory A. Kwiatkowski, et al. v. State Board for Community Colleges 09/05/2023
Trial court did not err when it dismissed case due to sovereign immunity and lack of standing where appellants failed to allege proper standing and offered no evidence to support standing beyond generalized grievances as members of the public
1491224 Alan Emin Halac v. A.N.H., By Next Friend Angela Lumley 09/05/2023
Trial court did not err in its issuance of a protective order against appellant as the evidence supports the ruling; no abuse of discretion in awarding possession of a dog to appellee through the protective order
1804223 Antonio Lamont Best v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion when it sentenced appellant after weighing appellant’s mitigation evidence against the seriousness of the crime and granting appellant’s request to adjust the discretionary sentencing guidelines in light of his acceptance of responsibility
1831224 Orlando Mitchell Hill v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as there was no abuse of discretion when court revoked the remainder of appellant’s two-year suspended sentence after demonstrating it was motivated by concern for appellant’s rehabilitation and well-being, as well as the safety of the community, and weighing his mitigation evidence; argument about a neutral and detached fact finder barred by Rule 5A:18
1889221 Edward R. Sykes v. Commonwealth of Virginia 09/05/2023
Judgment affirmed as the arguments appellant asserts on appeal were not raised in the trial court and he does not invoke the good cause or ends of justice exceptions to Rule 5A:18
1898223 Ryan Clinton Durrett v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion by revoking appellant’s entire six-year sentence and reimposing the balance after noting his convictions for new offenses, his extensive criminal history, and determining he was dangerous to the public while also considering his mitigating evidence
2007222 Travis Oneal Bowden v. Commonwealth of Virginia 09/05/2023
Trial court did not abuse its discretion when it sentenced appellant to a 13-year active term for his convictions of possession of cocaine, possession of heroin, possession of ammunition by a convicted felon, and two counts of distributing a controlled substance after considering all of the evidence before it, including appellant’s mitigation evidence
0155231 Perry Allen Miller v. Commonwealth of Virginia 08/29/2023
Trial court did not abuse its discretion when it revoked appellant’s probation and imposed a three-year active sentence in addition to a three-year sentence for a new firearm offense
0696221 Alfred Walter Little, Jr. v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as there was sufficient evidence to convict appellant of assault and battery of a law enforcement officer where the appellant touched the officer in a rude, insolent, and angry manner when he pushed the officer into a parked vehicle and subsequently attempted to trip him; argument about proof appellant knew this was a law enforcement officer barred by Rule 5A:20
0802221 Shawn William White v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as to argument that detectives’ identification of appellant in surveillance photos was not reasonable based upon their personal experience and observations as that particular objection was not made at trial; evidence was sufficient to sustain convictions; argument about probation revocation sentence is moot
1047224 Canaan Homes LLC, et al. v. Perchuhy Kazhoyan Cummings, et al. 08/29/2023
Judgment reversed and case remanded as the trial court erred in denying appellant’s motion for arbitration where the arbitration clause in the construction contract was unambiguous and enforceable and applied to both the underlying claims and questions of arbitrability; language of the arbitration clause was sufficient to incorporate the American Arbitration Association Rules
1368224 Michael Anthony Sherman v. Commonwealth of Virginia 08/29/2023
Trial court did not err in finding appellant violated his probation and his conduct was a special condition violation, not a technical violation, Code § 19.2-306.1; no abuse of discretion in court’s imposition of the balance of his previously suspended sentence; record indicates court considered appellant’s mitigation evidence
1448223 Elaine Renee Shampine, a/k/a Elaine Renea Shampine v. Roanoke City Department of Social Services 08/29/2023
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(B) as such termination was in the child’s best interests
1455223 Laura Gilman v. Lynchburg Department of Social Services 08/29/2023
Trial court did not abuse its discretion by admitting the report and opinion of an expert in clinical psychology dealing with parenting capacity based on an interview with appellant and results of her psychological tests; no error in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
1482223 George Gilman, s/k/a George Marvin Gilman v. Lynchburg Department of Social Services 08/29/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
1627223 Nathaniel R. Chiles, Sr. v. Shanna Sandidge 08/29/2023
Judgment affirmed as a timely-filed transcript of the September 1, 2022 custody hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1926224 Jeffrey Poole, et al. v. On Deck Capital, Inc. 08/29/2023
Judgment affirmed as there is no jurisdiction to review the July 25, 2022 order because a timely notice of appeal was not filed; a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error related to the September 9, 2022 hearing, Rule 5A:8(b)(4)(ii)
1959223 Allen Scott Wimer v. Commonwealth of Virginia 08/29/2023
Judgment affirmed as trial court did not abuse its discretion when it imposed an 8-year and 295-day active sentence after revoking appellant’s previously suspended sentences after considering his mitigating evidence; argument that the probation violation was a second technical violation under Code § 19.2-206.1 barred by Rule 5A:20
0230233 Rachel Leanor Handy v. Commonwealth of Virginia 08/22/2023
Judgment affirmed as timely-filed trial transcripts, or a written statement of facts in lieu of the transcripts, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0248234 Perfect Landscape, LLC v. Nader P. Mansour 08/22/2023
Judgment affirmed as a timely-filed trial transcript of the November 18, 2022 hearing, or written statement of facts in lieu of the transcript, is necessary to permit a review of the merits of appellant’s arguments, Rule 5A:8(b)(4)(ii)
0877222 Pamela Kay Humphries v. Robert Brian Buchanan, et al. 08/22/2023
Judgment affirmed as a timely-filed transcript of the October 15, 2021 trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1264221 Samantha Dortch v. Commonwealth of Virginia 08/22/2023
Judgment affirmed as a timely-filed transcript of the trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1281221 Kaleb S. Nicol v. Commonwealth of Virginia 08/22/2023
Judgment affirmed where appellant’s argument that his Alford pleas were not entered intelligently and voluntarily is barred by Rule 5A:18; court did not abuse its discretion when it sentenced appellant as the record shows his mitigating evidence was considered and he was sentenced within the permissible statutory range
1282223 Daniel Keon Woody v. Commonwealth of Virginia 08/22/2023
Trial court did not err in finding appellant guilty of unlawful wounding and assault and battery as the Commonwealth’s evidence was competent, not inherently incredible, and sufficient to sustain the convictions
1694224 Vincent Anthony Cabrera Wesley v. Commonwealth of Virginia 08/22/2023
Trial court did not err in finding sufficient evidence to convict appellant of aggravated malicious wounding as victim’s concussion and other injuries sustained in the attack demonstrated a permanent and significant injury, Code § 18.2-51.2(A); no error in denial of appellant’s motions to strike based on an insanity defense
1744221 Corey Lance Hill v. Commonwealth of Virginia 08/22/2023
Trial court did not abuse its discretion in imposing an active term of two years and ten months of incarceration when it revoked appellant’s previously suspended sentences after weighing appellant’s mitigating evidence against his repeated violations of the conditions of his probation
1787222 Trevanta Rashad Yarborough, s/k/a Tre'Vante Rashad Yarborough v. Commonwealth of Virginia 08/22/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentences and imposed an active term of 2 years and 8 months as the term was not clearly inconsistent with the facts of the case and the record demonstrates the court considered the mitigating evidence
2003222 Joseph T. Elliott, Jr. v. La Krista M. Fant, et al. 08/22/2023
Judgment affirmed as there was no error in the trial court’s ruling divesting appellant of record title to the property at issue; argument regarding taxing $6,000 in commissioner’s fees and expenses to appellant barred by Rule 5A:18; remaining arguments barred by Rule 5A:20
0346221 Hank Larkin Smith, Jr. v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as trial court did not abuse its discretion by denying appellant’s proposed jury instruction on the meaning of “willful;” evidence was sufficient to prove appellant acted willfully and to show that his actions “caused or permitted” the child’s death; argument that evidence was insufficient to convict for felony homicide barred by Rule 5A:18
0507224 Ian Alexander Zimmerman v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as certain assignments of error cannot be evaluated without a properly filed transcript from September 17, 2021; assignments of error 2, 6, and 7 barred by Rule 5A:18; no error in court’s denial of appellant’s Batson challenges, in overruling objections to voir dire questions, in allowing testimony about head trauma, or in excluding character evidence
0514222 Matthew Scott Chapman v. Commonwealth of Virginia 08/15/2023
Trial court did not err in denying appellant’s motion to strike the evidence as the jury could infer from the totality of the evidence that appellant acted out of anger and reject his claim of self-defense; no abuse of discretion to deny appellant’s challenge to the jury instruction on the elements of shooting in the commission of a felony, Code § 18.2-53
0651222 Tyron K. Banks v. Commonwealth of Virginia 08/15/2023
Trial court did not abuse its discretion in sentencing appellant to a 15-year active sentence after revocation of his probation as it considered his mitigating evidence and imposed a sentence within the range allowed by statute
0659224 Salodus Zeloter Hicks IV, s/k/a Salodius Z. Hicks v. Commonwealth of Virginia 08/15/2023
Judgment reversed where trial court abused its discretion by denying appellant’s motion to strike Juror 49 for cause as the juror repeatedly demonstrated that he held a preconceived view which repelled the presumption of innocence; case remanded for new trial
0707223 Kevin Joseph Schandel v. Commonwealth of Virginia 08/15/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery of a police officer based on various overt actions by appellant; no error in rejecting appellant’s argument that he and the deputy had engaged in mutual combat
0725223 Quintial Louwell Spinner v. Commonwealth of Virginia 08/15/2023
Judgment affirmed where court allowed a witness to testify who had not been disclosed in accordance with Rule 3A:11, admitted a surveillance video and the breath analysis certificate, and allowed an expert’s testimony; evidence was sufficient to convict appellant of felony hit-and-run; argument regarding involuntary manslaughter barred by Rule 5A:18
0795224 Maurice C. Cox v. Commonwealth of Virginia 08/15/2023
Judgment affirmed as appellant’s argument that trial court abused its discretion by finding appellant in violation of his probation cannot be evaluated as the record does not contain a transcript of the January 7, 2022 hearing; argument regarding court’s sentencing decision is barred by Rule 5A:18
1118223 Julia Barbour v. Carilion Medical Center, d/b/a Carilion Roanoke Memorial Hospital 08/15/2023
Trial court did not err in finding appellee was not negligent in this personal injury action
1247223 Ryan Mitchell Allen v. Commonwealth of Virginia 08/15/2023
Trial court did not err in denying motion to suppress evidence as the officers had reasonable suspicion to detain appellant and probable cause to arrest him, search his vehicle, and obtain a search warrant for his blood; Code § 18.2-268.2(A) did not apply in this case; no error in admitting the certificate of analysis
1355221 Kevin Orlando Bowles v. Commonwealth of Virginia 08/15/2023
Judgment affirmed because argument as to whether appellant’s guilty pleas were entered knowingly, intelligently, and voluntarily is barred by Rule 5A:18 and no manifest injustice will result by applying that rule; no abuse of discretion as to court’s sentencing as it received and considered his mitigating evidence
1432224 Board of Supervisors of Rappahannock County v. Joseph B. Long, et al. 08/15/2023
Judgment reversed as the Board of Supervisors reasonably denied the permit application for a proposed contractor’s yard, thus the decision was fairly debatable and should have been sustained
1451224 Jeremiah J. Atkins v. Joseph B. Long, et al. 08/15/2023
Judgment reversed as the Board of Supervisors reasonably denied the permit application for a proposed contractor’s yard, thus the decision was fairly debatable and should have been sustained
1673222 Wilber Alberto Rosa Avalos v. Commonwealth of Virginia 08/15/2023
Judgment affirmed where appellant’s argument that the trial court abused its discretion when it excluded testimony from a witness as hearsay is barred by Rule 5A:18
1845221 Alex Warren Tew v. Commonwealth of Virginia 08/15/2023
Trial court did not abuse its discretion by imposing four years of active incarceration and resuspending the remainder of appellant’s sentences after revoking his probation when he committed numerous probation violations, including using controlled substances and committing new felony offenses
0120224 Eric Lisann v. Elizabeth Lisann 08/08/2023
Trial court erred in omitting appellant’s request for a spousal support reservation from the final decree,
Code § 20-107.1(D); equitable distribution award of the Daniel Lewis property is vacated; spousal support award is
vacated based on any modifications made to the equitable distribution award; judgment affirmed in all other respects
0005233 James Frederic Brown, III v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as a timely-filed transcript of the September 26, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0623222 Michael Kevin McReynolds v. Commonwealth of Virginia 08/08/2023
Upon a rehearing - Judgment affirmed as appellant’s argument that trial court abused its discretion by admitting a double hearsay affidavit is barred by Rule 5A:18
0726223 Chris Everette Johnson v. Commonwealth of Virginia 08/08/2023
Trial court did not err in denying appellant’s motion to suppress evidence as the officer had a reasonable suspicion that appellant was armed and dangerous at the time of the search and conducted a limited search of those areas of the vehicle to which appellant would generally have immediate control and that could contain a weapon
0785223 Adrian Isaiah Gray v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as argument that trial court failed to strike a prospective juror for cause is barred by Rule 5A:18; no abuse of discretion in concluding the Commonwealth adequately authenticated the surveillance footage and still photographs taken from that footage and admitting them into evidence
0925223 Cathy Virginia Lovelace v. Eric Michael Robbinette 08/08/2023
Judgment affirmed as a timely-filed transcript of the May 24, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1030224 Raza H. Sikandar, s/k/s Raza Hasan Sikandar v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as there is no jurisdiction to consider appellant’s first two assignments of error because he did not file a timely notice of appeal challenging the final revocation order, Rule 5A:6(a); trial court did not have jurisdiction to consider appellant’s motion to withdraw his “guilty plea” filed three months after entry of the final revocation order, Rule 1:1(a)
1042224 Brenda Lee Taylor, Administrator of the Estate of Ricky El Taylor, Deceased v. David Posey, et al. 08/08/2023
Trial court did not err when it dismissed the appellant’s complaint as the facts, as alleged, support a finding that appellant’s COVID-19 was a covered disease under Code § 65.2-401; no error in application of the Act’s exclusivity provision and dismissal of the wrongful death claim
1098224 Eman Mahamed v. Alexandria City Public Schools, et al. 08/08/2023
Decision affirmed as appellant failed to seek a timely review of her January 26, 2021 award order and did not assign error to the Commission’s threshold finding that would have to be reversed before the average weekly wage could be modified
1126223 Daniel Lee Bowman v. Commonwealth of Virginia 08/08/2023
Judgment affirmed as timely-filed transcripts of the trial and sentencing hearings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1128223 James Burton Childress v. Commonwealth of Virginia 08/08/2023
Trial court did not err in finding the evidence was sufficient to convict appellant of statutory burglary and grand larceny based on the combined force of the circumstantial evidence
1305224 Twenty-Nine Street Corridor, LLC v. Taj Corporation, et al. 08/08/2023
Trial court did not err in finding the mutual intent of the parties was reflected by the terms contained in Exhibit 11; appellant’s failure to plead fraud to the trial court before trial or preserve the allegation post-trial results in waiver of the issue; no error in ruling that appellant failed to prove any further rents due and owing from appellees
1457223 James Desper v. Commonwealth of Virginia 08/08/2023
Trial court did not err in holding that Rule 1:1(a) prohibited it from considering appellant’s argument in a motion to vacate filed nearly a decade after entry of the final sentencing order
1791221 Robert Louis Midgett v. Commonwealth of Virginia 08/08/2023
Trial court did not abuse its discretion by finding appellant had violated his probation and revoking the remainder of appellant’s previously suspended sentences
0448222 Jason Franklin Maxwell v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, Code § 46.2-817(B), where appellant disregarded the officer’s emergency lights and sirens for nearly half an hour while speeding at almost 100 mph through dark and hilly country roads with blind curves, disregarded stop signs, and ultimately lost control of his vehicle
0557222 Patrick D. Goldy v. Commonwealth of Virginia 08/01/2023
Trial court did not err in convicting appellant of two counts of aggravated sexual battery against a victim less than 13 years old as the victim’s testimony was not inherently credible and the evidence supported the jury’s verdicts of guilt
0570221 Ferrari Aramis Ferdinand v. Commonwealth of Virginia 08/01/2023
Trial court did not err in denying appellant’s motion to strike when there was credible evidence in the record to support jury’s implicit finding of malice; evidence does not support appellant’s claim of self-defense; Commonwealth’s evidence was competent, not inherently incredible, and sufficient to prove appellant was guilty of second-degree murder and use of a firearm
0665223 Joey Dwayne Roach v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding evidence was sufficient to convict appellant of receiving stolen property pursuant to Code § 18.2-108 where he obtained the truck shortly after it was stolen, paid ten percent of the truck’s value, admitted the ignition had already been popped out, and could not provide a title or receipt for the vehicle
0677212 Paul H. Lundmark v. County of Henrico 08/01/2023
Trial court did not err in denying appellant’s motion to suppress evidence as the officer had reasonable suspicion to believe appellant had violated Code § 46.2-833(A) and the suspicion was magnified when appellant repeatedly ignored signals to pull over; no abuse of discretion in denying motion in limine as officer substantially complied with regulations for conducting test
0690222 John R. Fricchione v. Cheryl Matthew 08/01/2023
Trial court did not err in granting appellee’s motion to strike appellant’s evidence as the record failed to include any evidence as to what the standard of care is with respect to designing a brick stairway and whether the design of the stairway or failure to warn of its dangers breached that standard of care
0751223 Curtis Glen Atkins v. Sheryl Atkins Williams, et al. 08/01/2023
Judgment affirmed where trial court granted summary judgment to appellees as a devise of farmland made to appellant in his mother’s will had adeemed by extinction; the will did not indicate an intention that appellant inherit the entire farm; court’s error in considering earlier complaints under Code § 8.01-389(A) was harmless
0779222 Munir Ma'Moun Hussein, s/k/a Munir Ma'Moud Hussein v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding under Code § 46.2-817(B) and operating a tractor-trailer while under the influence of a drug pursuant to Code § 46.2-341.24(A)(iii); no error in denying appellant’s motion to suppress evidence; no error in refusing to grant appellant first-offender status under Code § 18.2-51
0820221 Stanley Edward Johnson, s/k/a Stanley Edward Johnson Bey v. Commonwealth of Virginia 08/01/2023
Trial court did not err when it revoked appellant’s probation in 2022 as his 2003 sentence included an indeterminate period of probation and his revocation in 2019 also included the same indeterminate period; 2021 amendment to Code § 19.2-303.1 did not apply retroactively and affect the pre-existing, final orders
0839222 Jesus Manuel Lopez-Ramirez v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion in admitting the certificate of analysis; evidence was sufficient to convict appellant of possession with intent to distribute cocaine and for possessing a firearm while possessing with intent to distribute cocaine; no error in refusing to apply the “carve out exception for concealed weapons secured within containers” referenced in Code § 18.2-308
0880222 Calvin Elton Clark v. Commonwealth of Virginia 08/01/2023
Judgment affirmed as appellant’s argument that his Sixth Amendment right to confront witnesses against him was violated when a witness testified while wearing a mask is barred by Rule 5A:18; the Commonwealth’s evidence was competent, was not inherently incredible, and was sufficient to prove beyond a reasonable doubt that appellant was guilty of second-degree murder
0887224 Rakesh Kumar Dhawan v. Bonita Dhawan 08/01/2023
Judgment affirmed in part as to the trial court’s pendente lite and contempt orders and reversed in part as to the division of Falco’s Capital One checking account, apportionment of several of Falco’s debts to appellant, and order that appellant pay wife for her “post-separation paychecks;” spousal and child support awards to be reassessed on remand
0904221 Justin Alan Farmer v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion when imposing its sentence after considering both mitigating and aggravating factors during appellant’s probation revocation hearing
1081224 Dorcon Group, LLC v. Todd J. Westrick, et al. 08/01/2023
Judgment reversed and case remanded as the trial court erred in holding that a 2020 amendment was a modification of a deed of subdivision and imposition of restrictive covenants and road agreement; no error in court’s failure to consider appellant’s request for an award of attorney fees
1204224 Dario Figueroa Rodas v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion when weighing mitigating and aggravating factors in formulating a sentence after jury convicted appellant of attempted rape; no error for court to sentence appellant to ten years’ incarceration; court did not penalize appellant for pleading not guilty and exercising his right to a jury trial
1389224 Eileen Bobsin v. Geoffrey Bobsin 08/01/2023
Trial court did not abuse its discretion in denying appellant’s motion to reconsider when it conducted an equitable distribution hearing in her absence and entered a final order of divorce after rejecting her contention that she was medically unable to attend and participate in the trial
1582222 Waddel M. Fox v. Commonwealth of Virginia 08/01/2023
Trial court did not err in denying appellant’s motion to vacate his convictions as he has not proven the 2003 judgment was void or that Code § 8.01-428 provides an exception to Rule 1:1; trial court is not required to give findings of facts and conclusions of law absent a statutory mandate; appeal dismissed for lack of jurisdiction
1588224 Daved O'Neil Landsdowne v. Commonwealth of Virginia 08/01/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, three counts of reckless driving, and other charges, as the officer’s dash cam video demonstrated that appellant was the driver of the car
1634223 Troy Lee Beasley v. Commonwealth of Virginia 08/01/2023
Judgment affirmed as appellant’s arguments that the evidence was insufficient to prove he possessed or used a weapon for purposes of any of the six offenses for which he was convicted is barred by Rule 5A:20(e)
1679221 Deon Marcel Gatling v. Commonwealth of Virginia 08/01/2023
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentence and imposing sixteen years of active incarceration after balancing the mitigating circumstances against his commission of multiple new offenses, including violent felonies and offenses involving a firearm
0003233 Matthew Edwin Lawson v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion in imposing a sentence of 6 years and 12 months of active incarceration after revoking his previously suspended sentences due to new criminal offenses
0384222 Jonathan Michael Wynkoop, s/k/a John Michael Wynkoop v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentences and imposed an active term of incarceration of three years and six months after finding appellant failed to cooperate with probation and committed new offenses
0543221 Desmond Lamonte McEachin v. Commonwealth of Virginia 07/25/2023
Judgment reversed as trial court erred in denying appellant’s motion to suppress evidence after officers conducted a warrantless search of his vehicle; no probable cause existed to search based on a violation of Code § 18.2-323.1 where the Commonwealth did not establish the third element of § 18.2-323.1(B)’s rebuttable presumption
0553223 George Randolph Rucker v. Commonwealth of Virginia 07/25/2023
Trial court did not err in convicting appellant of possession of ammunition as a convicted felon as appellant was occupying the bedroom in which the ammunition was found, clearly visible, on the nightstand next to the bed
0650221 Nakia Durham v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding the officer’s search of appellant’s car was properly supported by probable cause and denying appellant’s motion to suppress the evidence; evidence was sufficient to prove appellant constructively possessed the gun found in the vehicle’s console
0661223 Department of State Police v. Todd Brendel 07/25/2023
Judgment reversed and case remanded for trial court to determine whether DSP reinstated appellee’s insurance retroactive to June 2020 and for factual findings on the issue of employee premium off-set to the reimbursement award; ruling concerning appellee’s purchase of his service weapon is reversed
0809221 Zeporah Sykes v. Tilo Alexander 07/25/2023
Judgment reversed as evidence failed to establish that granting the name change of the child was in her best interest
0837221 Victor A. Espinoza-Camargo, s/k/a Victor Espinoza-Camargo v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding Commonwealth’s evidence was sufficient to prove appellant’s actions were malicious as required by Code § 18.2-51 after he slashed victim’s face with a knife; evidence also proved appellant intended to maim, disfigure, disable or kill the victim; heavy alcohol consumption does not excuse the criminal liability for appellant’s actions
0895221 Melanie Jones Ballard v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it inquired as to why father was not personally present for pick-up of the minor child and its interpretation of the custody orders at issue was reasonable; court was not plainly wrong in concluding that the evidence was sufficient to hold appellant in contempt for violating the court’s order, Code § 18.2-456
0940223 Daniel James Stark and Catherine Stark v. Dennis Crumpler 07/25/2023
Trial court erred as a matter of law in interpreting its own orders finding the appellants in contempt for bicycling on Cedar Ridge Road and committing defamation against appellee; judgment is reversed, final order is vacated, and proceedings are dismissed
0975223 Timothy Job Smith v. Commonwealth of Virginia 07/25/2023
Trial court did not err in convicting appellant of assault and battery against a family member as the record supports the trial court’s credibility determination and the Commonwealth’s evidence was competent, was not inherently incredible, and was sufficient to convict
0978222 Kelsey A. Haley v. Virginia Department of Corrections 07/25/2023
Judgment affirmed as record does not support the argument that appellant was disciplined more harshly based on race or gender; notice of the charges provided by VDOC was not contrary to law; appellant was provided due process of law; grievance procedure is not unconstitutional; various other arguments fall outside the scope of appellate review
1162224 Darlin Yulitza Rivas Martinez v. Arlington County Department of Human Services 07/25/2023
Trial court did not err in finding child was abused or neglected; no error in terminating appellant’s parental rights under Code § 16.1-283(C)(2) and approving the foster care goal of adoption as appellant did not challenge that independent ground for termination
1202221 Walter Delaney Booker v. Commonwealth of Virginia, et al. 07/25/2023
Trial court did not err when it dismissed appellant’s complaint filed pursuant to the Virginia Tort Claims Act as he sought judgment of less than $4,500 and, under Code § 8.01-195.4, the complaint fell within the exclusive jurisdiction of the general district court
1271223 John Henry Conner, Jr. v. Commonwealth of Virginia 07/25/2023
Trial court did not err when it denied appellant’s writ of error coram vobis and/or audita querela under Code § 8.01-677 as his claims relied on facts that were either known to him when the underlying cases were originally before the court or appear on the record of those cases; ineffective assistance of counsel claim could be raised in a habeas corpus petition
1330222 Jeffrey Wayne Kerr v. Commonwealth of Virginia 07/25/2023
Trial court did not err in finding the Commonwealth’s evidence was competent, not inherently incredible, and was sufficient to prove beyond a reasonable doubt that appellant was guilty of violating a protective order, Code § 16.1-253.2(A); no abuse of discretion by court when it imposed an active sentence of 5 months in jail for the violation
1456222 Raymond L. Harvey, Jr. v. Commonwealth of Virginia 07/25/2023
Trial court did not err in dismissing appellant’s complaint as his claim did not present a justiciable controversy to invoke the court’s jurisdiction to render a declaratory judgment; no reversible error in the court’s consideration of the Commonwealth’s combined responsive pleading
1489224 Nicholas Alexander Howard v. Commonwealth of Virginia 07/25/2023
Judgment affirmed where there was no abuse of the trial court’s discretion in imposing an eight-year active sentence after considering appellant’s mitigating evidence and all of the circumstances and in denying appellant’s motion for modification of the sentence under Code § 19.2-303; argument regarding imposition of supervised probation for life barred by Rule 5A:18
1581222 Michael J. Formica v. Scott B. Puryear, Esq. 07/25/2023
Trial court did not err in sustaining appellee’s plea in bar on the statute of limitations for appellant’s claim for legal malpractice
1613224 Jonathan Lee Ogle v. Commonwealth of Virginia 07/25/2023
Trial court did not err in classifying its requirement that appellant obtain a mental health assessment as a “special condition” and appellant’s violation of the requirement was therefore not a technical violation pursuant to Code § 19.2-306.1(A)
1884224 Amy Breslin v. Elizabeth Ballew 07/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1902223 Marlon Andre Organ, Jr. v. Commonwealth of Virginia 07/25/2023
Judgment affirmed as a timely-filed transcript of the bench trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1993222 Johnny Earl Miller, III v. Commonwealth of Virginia 07/25/2023
Trial court did not abuse its discretion when it sentenced appellant to active incarceration after his second probation violation as he incurred a new felony conviction during the suspension period
0129223 Christopher Dwayne Lumpkin v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in denying appellant’s motion to order medical testing and appoint an expert as he failed to present a particularized need for one; evidence was sufficient to convict appellant as the jury concluded the victim was credible and rejected appellant’s hypothesis of innocence; no violation of appellant’s right to confrontation at sentencing
0359222 Godday O. Abuede v. Gloria E. Wszolek 07/18/2023
Judgment affirmed as appellant failed to preserve his claims for appellate review and they are therefore barred by Rule 5A:18
0359232 Commonwealth of Virginia v. Mitchell Corleone Hudson, Jr. 07/18/2023
Judgment reversed and case remanded as trial court erred in granting a motion to suppress all evidence derived from a cell phone seized during a traffic stop of a car in which appellant was a passenger where the officers justifiably seized the phone as evidence of a crime
0508223 Deshawn Reynolds v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding evidence was sufficient to convict appellant of distribution of cocaine as a third or subsequent offense and denying his motion to strike as the confidential informants’ testimony was not inherently incredible as a matter of law; no error in admitting the certificates of analysis at trial where appellant speculates that informant tampered with evidence
0601221 James Vernon Brooks, Jr. v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant’s argument that the evidence was not sufficient to prove he violated the conditions of his probation is barred by Rule 5A:18 and the ends of justice exception does not apply
0615222 Nicholas Lamont Turner v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in admitting a witness’ preliminary hearing testimony where the Commonwealth made reasonable efforts to secure the witness’ presence; evidence was sufficient to convict appellant of two counts of felony eluding, Code § 46.2-817(B)
0684222 Christopher Renaldo Albert v. Commonwealth of Virginia 07/18/2023
Appeal dismissed where trial court did not have subject-matter jurisdiction to grant the relief sought; case remanded for court to vacate its April 8, 2022 order and dismiss appellant’s motion to vacate his convictions
0790222 Daniel Edward Krenicky v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding sufficient evidence to convict appellant of object sexual penetration of a child under thirteen, sodomy, aggravated sexual battery of a child under thirteen and indecent liberties with a minor by a parent as the victim’s testimony was competent and not inherently incredible
0805223 Jason Darrell Williamson v. Kristi Lynn (Bartley) Williamson 07/18/2023
Trial court did not err in incorporating the property settlement agreement into the divorce decree where appellant failed to prove the agreement was unconscionable by clear and convincing evidence; appellant failed to introduce into the record evidence showing a gross disparity resulted from the division of the parties’ marital assets and debt
0827223 Sheldon Maurice Adams v. Commonwealth of Virginia 07/18/2023
Trial court did not err in finding the evidence was sufficient for the jury to convict appellant of possession with intent to distribute methamphetamine and AMB-FUBINACA as a rational jury could have found he knew about the contents of the case from his pocket and the duffel bag in the back seat of the vehicle
0886221 Dacquez Keshawn Wilson v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant’s argument that the trial court erred in accepting his guilty pleas because he did not enter them freely and voluntarily is barred by Rule 5A:18 and the ends of justice exception does not apply; no abuse of discretion by the court when it imposed the sentences after weighing mitigating circumstances against appellant’s conduct
0899221 Darrell K. Saunders, et al. v. Deutsche Bank National Trust Company, etc, et al. 07/18/2023
Trial court did not abuse its discretion in granting appellees’ motion craving oyer and denying appellants’ motion to amend the complaint
1073224 Andrei J. Kublan, Esquire v. Devon B. Humphreys, Esquire 07/18/2023
Judgment affirmed as trial court did not err in imposing sanctions against appellant pursuant to Code § 8.01-271.1 for issuing a witness subpoena to an attorney who, by virtue of being bound by attorney client privilege, could not testify without her former client waiving her privilege; argument that it was not necessary for the privilege to be waived barred by Rule 5A:18
1296222 Jamell Devon Davis v. Commonwealth of Virginia 07/18/2023
Appeal dismissed where trial court did not have subject-matter jurisdiction to grant appellant’s motion for a hearing to correct the sentencing order; case remanded for court to vacate its March 7, 2022 order and dismiss appellant’s motion
1530223 Lorenzo Lee Thomas v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as timely-filed transcripts of the guilty plea and sentencing hearings, or a written statement of facts in lieu of transcripts, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1732221 William Columbus Broughton v. Commonwealth of Virginia 07/18/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing the balance of the sentences after he incurred new criminal convictions during the suspension period; court considered appellant’s mitigating and enhancing factors in making its determination
1757223 Jennifer Gail Portee v. Commonwealth of Virginia 07/18/2023
Judgment affirmed as appellant’s argument that she cannot be held criminally liable for doing what she had a right to do is barred by Rule 5A:18 and the ends of justice exception does not apply as appellant’s argument fails to demonstrate a manifest injustice
1920223 Steven Rockey, etc. v. Benny Clark Medina 07/18/2023
Judgment affirmed as a timely-filed transcript of the October 4, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0049222 Vincent Joseph Decicco v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as a timely-filed transcript of the November 9, 2020 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s first and second assignments of error, Rule 5A:8(b)(4)(ii); evidence was sufficient to support the revocation of appellant’s suspended sentence
0655223 Robert Alvin Littleton, Jr. v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing a sentence longer than suggested by the discretionary sentencing guidelines after weighing the mitigating evidence against appellant’s repeated failure to report to his probation officer, history of distribution charges, and other factors
0667223 Shaheim Damonte Moon, s/k/a Shaheim Damont'e Moon v. Commonwealth of Virginia 07/11/2023
Trial court did not err in denying appellant’s motion to suppress evidence as he had previously waived his rights to warrantless searches of any vehicle he was occupying and the fact that the car was moved to another location before the search didn’t preclude the search; evidence was sufficient to convict appellant of possession with intent to distribute fentanyl pills
0793224 Ricardo Giron Chavez v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion when it denied appellant’s motion to introduce evidence supporting his theory that victim’s testimony was fabricated; no abuse of discretion or manifest error in court’s refusal to strike a juror for cause; evidence was competent and sufficient to convict appellant of rape
0854221 Jermaine Antoine Tucker v. Commonwealth of Virginia 07/11/2023
Trial court did not err in determining the evidence was sufficient to convict appellant of second-degree murder and use of a firearm in the commission of a murder as there was abundant proof of his identity as the shooter and he made incriminating statements at the jail after his arrest
0875222 Jeremy Dwayne Adams v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as there was sufficient evidence to convict appellant of felony eluding when evidence showed he was traveling at excessive speeds and driving recklessly after the state trooper activated his emergency lights and began his pursuit; argument that Commonwealth failed to prove appellant intended to commit the offenses charged barred by Rule 5A:18
1038224 Adonay Polanco Cabrera v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in admitting evidence of appellant’s flight to El Salvador following a murder after balancing the probative value against its potential prejudicial effects; no error in admission of crime scene and autopsy photos as they were highly probative of appellant’s malice and premeditation; no error in denying motion to strike the evidence
1410224 Thighe Kavanaugh, s/k/a Thighe Kavanagh v. Commonwealth of Virginia 07/11/2023
Judgment affirmed as a timely-filed transcript of the plea hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1463222 James Medeiros, et al v. Virginia Department of Wildlife Resources 07/11/2023
Judgment affirmed as a timely-filed transcript of the demurrer hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1525223 Juan Salazar Rojas v. Commonwealth of Virginia 07/11/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence and imposing a sentence longer than suggested by the discretionary sentencing guidelines after weighing the mitigating evidence against appellant’s behavior, including routinely drinking in defiance of the conditions of his suspended sentence and incurring new felony convictions
1614223 Victoria Kristen Critzer v. Commonwealth of Virginia 07/11/2023
Trial court did not err in finding sufficient evidence to convict appellant of statutory burglary while armed with a deadly weapon and attempted malicious wounding when appellant entered the home of her ex-husband during the night uninvited, carried a claw hammer and a wooden board, and struck her ex-husband twice with the hammer
0015232 Brandon Edward Jones, a/k/a Edward Brandon Jones v. Commonwealth of Virginia 07/05/2023
Trial court did not err in imposing the entirety of appellant’s previously suspended sentence after balancing appellant’s mitigation evidence against the aggravating factors presented at his revocation hearing
0057232 Marvin James Kersey v. Commonwealth of Virginia 07/05/2023
Judgment affirmed as timely-filed transcripts of the trial and motion in limine hearing, or a written statement of facts in lieu of the transcripts, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0240222 Diallo Olumnminji Turner v. Commonwealth of Virginia 07/05/2023
Trial court did not err in convicting appellant of possession of cocaine as the circumstantial evidence was sufficient for it to conclude appellant was aware of both the presence and character of the cocaine and it was subject to his dominion and control; the incriminating evidence was sufficient for the court to find appellant’s hypothesis of innocence unreasonable
0592223 Timothy Wayne Jones v. Commonwealth of Virginia 07/05/2023
Trial court did not err in convicting appellant of statutory burglary in violation of Code § 18.2-91; evidence was sufficient to show appellant deliberately and maliciously fired a gun to intimidate the victim before holding the gun to her head, thus providing sufficient evidence to convict him of maliciously shooting a firearm within an occupied building, Code § 18.2-279
0806222 Jamie Scott Beardsley v. Lindsay Marie Tolen 07/05/2023
Trial court did not err in finding that LPL #4765 was marital property as appellant was unable to meet his burden of proof that it was funded by separate property, Code § 20.107.3(A); no abuse of discretion in court’s decision to award attorney fees to appellee considering the totality of the circumstances
0950222 Letonya Leshelle Roane v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion by convicting appellant instead of taking her case under advisement after she entered a plea of no contest to carnal knowledge, Code § 18.2-63
1003224 Antonio Lamont Gunn v. Commonwealth of Virginia 07/05/2023
Judgment affirmed as appellant’s argument that the Commonwealth failed to prove he operated a vehicle on a public highway is barred by Rule 5A:18
1152221 Holland Windell Butler, III v. James City County Department of Social Services 07/05/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2) as the decision was in the best interest of the children, appellant offered no proof of nor definite plans for either employment or a stable and suitable residence for himself and the children upon his release from incarceration, and his cousin’s home was not a suitable placement
1415221 Kelly Michael Vance v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion when it sentenced appellant to the maximum term for his conviction for second-degree murder; trial court considered all of the evidence before it, including appellant’s mitigation evidence, before imposing the sentence
1865224 Connie Marie Maxey, a/k/a Connie Marie Demers v. Commonwealth of Virginia 07/05/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence and imposed a three year active sentence after she acquired new convictions during the suspension period; trial court properly weighed the mitigating evidence presented by appellant
0390221 Randy Lee Harris, Jr. v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence, reimposed and resuspended part of the sentence, and ordered him to serve the remaining four years of the sentence
0517224 Man K. Nguyen v. Commonwealth of Virginia 06/27/2023
Trial court did not err in convicting appellant of criminal contempt because the court retains common law authority to punish acts beyond those delineated in the contempt statute, Code § 18.2-456, so long as it affords the accused full plenary proceedings as in this case; record supports a finding that waiver of court-appointed counsel was clear and unequivocal
0571222 Anthony Michael Lochetto v. Commonwealth of Virginia 06/27/2023
Judgment affirmed where no constitutional speedy trial violation occurred and there was no error in the denial of appellant’s motion to dismiss; evidence was sufficient to convict appellant of aggravated sexual battery; argument that evidence was insufficient to convict appellant of indecent liberties barred by Rules 5A:18 and 5A:20
0630224 Deborah Swarray v. Alexandria Department of Community and Human Services 06/27/2023
Trial court did not abuse its discretion by terminating appellant’s parental rights as appellee had provided her with numerous services, but she only belatedly committed to trauma therapy and needed an additional six months of treatment and she had not resolved her substance abuse nor demonstrated sufficient stability to progress from unsupervised visitation, Code § 16.1-283(C)(2)
0677222 Matthew William NewBergere v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as there was no abuse of discretion in allowing a witness to testify as an expert; no abuse of discretion in admitting witness’ prior consistent statements; challenge to sufficiency of the evidence as to indecent liberties charges barred by Rule 5A:18; evidence sufficient to convict appellant of other charges; no error in admitting screenshots of texts
0808224 Larry J. Austin and Roy E. Hahn v. John E. Williams and Law Office of John E. Williams 06/27/2023
Judgment affirmed as a timely-filed transcript of the trial and related proceedings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants’ assignments of error, Rule 5A:8(b)(4)(ii)
0832224 John E. Williams and Law Office of John E. Williams, Esq v. Larry J. Austin, et al. 06/27/2023
Judgment affirmed as a timely-filed transcript of the trial and related proceedings, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants’ assignments of error, Rule 5A:8(b)(4)(ii)
0894224 Russell Clinton Smith, Jr. v. Alexandria Department of Community and Human Services 06/27/2023
Judgment affirmed as argument that court should not have admitted two CASA reports into evidence barred by Rule 5A:18; any potential error as to the admission of the parental capacity assessments was harmless; no error in terminating appellant’s parental rights and approving foster care goal of adoption, Code § 16.1-283(C)(2); remanded for court to correct clerical error
0938221 Theodore Weaver, Jr. v. Commonwealth of Virginia 06/27/2023
Trial court did not err in convicting appellant and rejecting his assertion that he was a victim of the crimes rather than the perpetrator where the Commonwealth presented overwhelming evidence of appellant’s culpability
0989223 Kanesha Pittman v. Roanoke City Department of Social Services 06/27/2023
Trial court did not err in approving the removal of the children from their home and finding that appellee proved by a preponderance of the evidence that the children were abused or neglected, Code § 16.1-252
0996222 Jayquan Shemar Granderson v. Commonwealth of Virginia 06/27/2023
Trial court did not err in denying appellant’s motion to suppress the evidence as reasonable suspicion supported the investigatory stop and accompanying pat down that led to the discovery of a firearm and cocaine and the arrest was supported by probable cause
1121221 Joseph Ryans Schwalm v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as there was no abuse of discretion by court in admitting testimony pursuant to Code § 19.2-268.3; argument that the evidence was insufficient to convict appellant barred by Rule 5A:18 and ends of justice exception does not apply
1306221 Seth Ashton Ramirez v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion by revoking appellant’s suspended sentences and reimposing three years of incarceration when he committed multiple larceny offenses, including grand larceny, while on probation
1388224 Fairfax County v. Scott Halisky 06/27/2023
Award affirmed as the Commission’s findings were based on credible evidence and medical testimony
1675222 Marvin Maurice Mundy v. Commonwealth of Virginia 06/27/2023
Judgment affirmed as a timely-filed transcript of the August 18, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s claims on appeal, Rule 5A:8(b)(4)(ii)
1699224 Bahaa O. Elfiky v. McLean Crest Homeowners Association, Inc. 06/27/2023
Judgment affirmed as a timely-filed transcript of the September 15, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s arguments on appeal, Rule 5A:8(b)(4)(ii)
1727221 James Walter Spriggs, IV v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion when it considered appellant’s potential for rehabilitation and the circumstances of the offense and explained why it imposed a sentence above the range recommended by the discretionary sentencing guidelines
1833221 Louis A. McMiller v. Commonwealth of Virginia 06/27/2023
Trial court did not abuse its discretion in revoking appellant’s suspended sentences where he was found in possession of a firearm within one year of his release into probation after a conviction for voluntary manslaughter involving a firearm
0175221 H. Cliff Page, Jr. v. Portsmouth Redevelopment and Housing Authority 06/20/2023
Judgment affirmed as trial court did not err in holding an evidentiary hearing on the plea in bar of sovereign immunity and appellant is not entitled to a new hearing before a jury; no error in granting the plea in bar as appellant did not plead gross negligence by the appellee; no error in ruling that appellee’s demolition of its own building was protected by sovereign immunity
0238222 Jamal Timothy Williams v. Commonwealth of Virginia 06/20/2023
Trial court did not err in denying motion to suppress as Code § 4.1-1302(A) did not apply retroactively, the “plain view” warrant exception was satisfied, and the officer had probable cause to expand his inventory search; no abuse of discretion in admitting detective’s expert testimony; evidence was sufficient to convict appellant of possession with intent to distribute
0382221 Christian Sayers v. Commonwealth of Virginia 06/20/2023
Trial court did not err in finding the evidence that there was a conspiratorial agreement was sufficient to convict appellant of conspiracy to commit grand larceny; evidence was also sufficient to establish appellant and another man acted in concert of action such that appellant was a principal in the second degree for grand larceny
0724223 Kyle Bradley Moore v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in denying appellant’s motion to recuse the judge and motion to recuse the local Commonwealth’s Attorney’s office; no abuse of discretion in allowing evidence of prior bad acts by appellant, qualifying a certain expert witness, or admitting an audio recording of the victim and photographs; evidence was sufficient to convict for strangulation
0856222 Robert Lee Webster v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion by determining that a fingerprint was not admissible as evidence of third-party guilt and excluding that evidence; no error in finding evidence was sufficient to convict appellant based on a combination of cell phone records, specific testimony, and appellant’s multiple attempts to conceal his guilt as well as other actions
0907222 Nasim Jackson v. Commonwealth of Virginia 06/20/2023
Trial court did not err in denying appellant’s motion to strike and convicting him of attempted carjacking; no error in refusal to reduce the aggravated malicious wounding charge to malicious wounding; no error in convicting appellant of two counts of use of a firearm as evidence was sufficient to prove he committed the predicate felonies
0918223 Chal'lia Sharee Johnson v. Commonwealth of Virginia 06/20/2023
Trial court did not err in finding that appellant kicked Officer Robinson on the sidewalk in an angry or rude manner sufficient to convict her of assault and battery, Code § 18.2-57
1032224 Everett William Schwartz v. Commonwealth of Virginia 06/20/2023
Trial court did not err in convicting appellant of conspiracy to possess a Schedule I or II controlled substance with intent to distribute where the totality of the evidence was sufficient to conclude that appellant’s companions knew contraband was hidden in the vehicle and were engaged in a conspiracy with him to sell it
1107223 Codi Shawn Dunbar v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as appellant’s argument that the evidence failed to prove he acted with malice is barred by Rule 5A:18; no error where court convicted appellant of first-degree murder and use of a firearm as a reasonable jury could infer appellant intentionally and deliberately fatally shot the victim
1149222 Tyjuan Decourtland Epps v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as argument that court erred in granting a hearsay objection for a statement that was not hearsay is barred by Rule 5A:18; no error in granting the hearsay objection as the statements did not qualify as excited utterances
1266223 David Wayne Anderson v. Commonwealth of Virginia 06/20/2023
Judgment reversed and case remanded because trial court refused appellant’s motion to vacate his 2019 convictions for possession of child pornography, but the court lacked subject matter jurisdiction to grant the relief sought, Rule 1:1(a), and should have dismissed appellant’s motion for that reason
1328222 Octavian Javon Holcomb v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion or give inappropriate weight to appellant’s new conviction for petit larceny and factors “cited by the Commonwealth” when it revoked his previously suspended sentences and resuspended all except three years
1531224 Jason Patrick Phillips v. Commonwealth of Virginia 06/20/2023
Judgment affirmed as a timely-filed transcript of the suppression hearing and trial, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1913221 Marco Antrione Cherry, Jr. v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences after he repeatedly failed to appear for scheduled appointments with his probation officer and made no payments toward court costs; no abuse of discretion in imposing a 6-month active sentence for the violations
1917222 Carlton Andrew Vaughan, III v. Commonwealth of Virginia 06/20/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing the balance to serve after finding appellant was not amenable to rehabilitation
0241222 Tynicia Althea Cox v. Commonwealth of Virginia 06/13/2023
Trial court did not err in finding sufficient evidence to convict appellant of conspiracy to distribute and distribution of a Schedule I or II substance based on testimony that it deemed highly credible, notwithstanding any self-serving motive the witness may have had, and other evidence presented at trial
0337222 Ronnie Edward Crack v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in finding prior sexual acts proffered by appellant were too remote from the charged offense to be admissible pursuant to the Rape Shield Statute, Code § 18.2-67.7; evidence was sufficient to convict appellant of rape
0373221 Ronald James Williams, Jr. v. Commonwealth of Virginia 06/13/2023
Judgment affirmed as argument that court erred in admitting forensic interview video and victim’s letter is barred by Rule 5A:18; evidence was sufficient to convict appellant of the charges against him; argument that a mandatory life sentence is cruel and unusual punishment is waived; any error in the sentencing process would be harmless
0484223 Kevin Thomas King v. Commonwealth of Virginia 06/13/2023
Trial court did not err in convicting appellant of unauthorized use of a vehicle as there was ample evidence to support the finding that the complaining witness owned the vehicle and refused appellant’s request to use the vehicle, Code § 18.2-102
0694224 Michael Adrian Woodley v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in revoking the balance of appellant’s previously suspended time and ordering that it be served in its entirety after considering mitigating and aggravating factors
0815224 Rita M. Leach-Lewis, etc. v. Board of Supervisors of Fairfax County, Virginia 06/13/2023
Judgment reversed and case remanded to the trial court with direction to further remand to the Board of Zoning Appeals for it to determine whether Fairfax County Zoning Ordinance § 18-901(4) was violated as part of the BZA’s review of violation notices issued against appellant
0846221 Scott Edward Pease v. Commonwealth of Virginia 06/13/2023
Judgment affirmed as there was no abuse of discretion in denying motion to prohibit all Commonwealth witnesses from testifying due to a discovery violation, Rule 3A:11, or failure to impose other penalties not requested at trial, Rule 5A:18; evidence sufficient to convict appellant of strangulation; argument regarding violation of protective order barred by Rule 5A:18
0847224 Tanes Omar Torres Romero v. Commonwealth of Virginia 06/13/2023
Trial court did not commit manifest error by denying appellant’s motion to strike a juror for cause; no abuse of discretion by court in permitting introduction of evidence of appellant’s prior bad acts as the testimony had legitimate probative value; any possible error in admission of exhibit 4 (certificate of analysis) was harmless
0959224 Mark A. V. Rackham and Olga M. Rackham v. Basheer/Edgemoore-Properties, L.L.C. 06/13/2023
Trial court did not err by dismissing appellants’ case with prejudice as the perfection of their appeal from the general district court judgment and subsequent pre-trial nonsuit in circuit court did not annul that judgment as all the relevant proceedings took place before Code § 8.01-380 was amended to include subsection F and the subsequent complaint was barred by res judicata
1065221 Austin E. Kersey v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in weighing appellant’s mitigating evidence against significant aggravating facts when imposing a sentence of one year and four months of active incarceration for his probation violation
1074224 Steve Gaskins, Roland Smith, Mike Manfredi, Kevin Elwell and Adam Jeantet v. McLean Bible Church 06/13/2023
Judgment affirmed in part as the court properly found that appellants’ request to reconfigure and re-do the 2021 election of church elders is moot; judgment reversed in part as appellants’ claims of ongoing violations as to elections are not moot and case remanded for court to address claims of disenfranchisement of members, transparency and notice, and a secret ballot dispute
1215224 James Sisco v. Elizabeth Sisco 06/13/2023
Judgment affirmed as a timely-filed transcript of the May 23 and 24, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1231224 Felicia Holley-Poole v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in weighing the mitigating and aggravating factors and crafting its sentence of 180 days in jail with 120 days suspended for driving on a suspended license, Code § 18.2-272
1327222 Athena M. Laxamana-Pascua v. Jimmuel D. Pascua 06/13/2023
Judgment affirmed as a timely-filed transcript of the August 3, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s first assignment of error, Rule 5A:8(b)(4)(ii); record contains no order ruling on the post-trial motion and the second assignment of error is therefore barred by Rule 5A:18
1555223 Lance C. Brooks v. Commonwealth of Virginia 06/13/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences, imposing an active sentence of six years and eight months, and resuspending the remaining time based upon appellant’s conviction of possession with intent to distribute a controlled substance while incarcerated, Code § 19.2-306(A)
1631221 Kari Gamaliel Barnes v. Commonwealth of Virginia 06/13/2023
Judgment affirmed where appellant’s argument that the trial court used improper sentencing guidelines is barred by Rule 5A:18
0176223 Sheri Lynn Heisel-Udell v. Commonwealth of Virginia 06/06/2023
Judgment affirmed where any potential error in admitting the exhibits at issue under the business records exception to the hearsay rule was harmless; no error in trial court’s finding that the evidence was sufficient to sustain the conviction for receiving stolen property, Code § 18.2-108
0178221 Shakir Holley v. Commonwealth of Virginia 06/06/2023
Trial court did not err in finding sufficient evidence to convict appellant of possession of a firearm as a convicted violent felon where the officer who approached appellant’s vehicle found him alone and asleep in the driver’s seat with the firearm in his lap, Code § 18.2-308.2
0380221 Robert Lee Coates v. Commonwealth of Virginia 06/06/2023
Trial court did not err in finding sufficient evidence that appellant intentionally killed the victim and acted with malice and premeditation and in convicting appellant of murder; no abuse of discretion by court in denying a motion for continuance on the trial date
0489221 Robert George Cahill, Jr. v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as appellant’s argument that he did not enter his guilty plea voluntarily, knowingly, and intelligently is barred by Rule 5A:18 because he had the opportunity to withdraw the guilty plea but elected not to do so; the good-cause and ends-of-justice exceptions do not apply; no abuse of discretion in the sentence imposed by the trial court
0660224 Defonties Mandele Anderson v. Commonwealth of Virginia 06/06/2023
Trial court erred in imposing a sentence of eight months of active incarceration for a violation of probation that is treated as a second technical violation; judgment reversed and case remanded for trial court to reconsider the amount of the sentence it is revoking and impose an active incarceration term no longer than the fourteen days allowed under Code § 19.2-306.1
0735222 Torman Devon Mack, Sr. s/k/a Tormon Devon Mack v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence after he was convicted of a new charge during the probation period and repeatedly failed to cooperate with his probation officer; court considered all of the evidence presented and did not abuse its discretion in weighing the mitigation evidence against other factors
0842224 Andrew Hye Soung Lee v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to strike a juror for cause; argument that denial of motion to set aside the verdict on the ground that Virginia case law creates an unconstitutional mandatory presumption that an act taken against the victim’s will is an act of force barred by Rule 5A:20(c)(1); evidence sufficient to convict appellant of rape
1027224 Joseph Paul Forest, Jr. v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in revoking appellant’s probation after he was convicted of a new crime, absconded from supervision, and failed to complete a drug court program; no abuse of discretion in court’s sentence imposing the balance of appellant’s suspended time
1035223 Kayla Danielle Moore, a/k/a Kayla Danielle Wood v. Commonwealth of Virginia 06/06/2023
Judgment affirmed as trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute methamphetamine; no abuse of discretion when court denied appellant’s continuance request; no abuse of discretion in court’s imposition of an active sentence of 8 years and 12 months
1086221 Jerrod Demonte Vines v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in sentencing appellant to three years of active incarceration even though his new conviction was a traffic misdemeanor; court balanced appellant’s mitigation evidence against significant aggravating factors when imposing the sentence
1091221 DeMarcus Malik Mackey v. Commonwealth of Virginia 06/06/2023
Trial court did not err in considering evidence at sentencing related to facts underlying the malicious wounding charge for which appellant was acquitted; evidence was sufficient to prove appellant was one of the perpetrators; no error in rejecting appellant’s proffered curative instruction
1108223 Wiliam Joseph Larue v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in imposing a life sentence for appellant’s conviction of forcible sodomy on a victim less than 13 years of age as the sentence does not violate the Eighth Amendment’s prohibition on cruel and unusual punishment
1334223 Estate of Clarence Hilliard Rothe v. Centra Health, Inc. 06/06/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1343221 Gerard Bunn v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended time and resuspended one year after weighing the mitigating evidence against other factors
1473223 Aaron Michael Jackson v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion in sentencing appellant at the upper end of the guidelines’ recommendation; court heard appellant’s mitigating evidence and balanced it against the seriousness of the crime and appellant’s statements in his presentence report and at his sentencing hearing before imposing the sentence
1715222 April D. Gallop v. Cameron Bay Homeowners Association 06/06/2023
Trial court did not err in holding appellant’s appeal from the general district court’s denial of her motion to set aside default judgment was not from a final order or judgment and therefore it lacked jurisdiction over the appeal
1730223 Shounques Bynum v. Commonwealth of Virginia 06/06/2023
Trial court did not abuse its discretion when it entered a nunc pro tunc order recording the grand jury’s return of indictments against appellant, Code § 8.01-428(B)
1803221 Oksana Marinaro v. Zimmer & Lewis Attorney and Counsellors at Law 06/06/2023
Judgment affirmed as appellant’s arguments that the trial court erred in ruling it did not have jurisdiction to consider her appeal from the general district court and failing to set aside the district court’s judgment are barred by Rule 5A:18
1823224 Derek Trinidad Blockhus v. Maria Del Mar Tortajada 06/06/2023
Judgment affirmed as a timely-filed transcript of the August 15, 2022 hearing, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0033222 Emer Gonzalez-Estrada, s/k/a Emer Gonzalez Estrada v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to suppress his statements to detectives; any error in admitting contested photos of complaining witnesses was harmless; evidence was sufficient to convict appellant as testimonial evidence in support was not inherently incredible
0221222 Paul Joseph Franklin v. Commonwealth of Virginia 05/30/2023
Trial court did not err in convicting appellant of felony petit larceny as the repeal of Code § 18.2-104 was not retroactive; no error in denying motion to dismiss the enhanced punishment under Code § 18.2-104 as appellant failed to adequately raise a procedural due process concern
0305223 Desiree Valencia Osby (Lucas) v. Department of Social Services of Alleghany County 05/30/2023
Trial court did not abuse its discretion in terminating appellant’s parental rights under Code § 16.1-283(B)
0306223 Desiree Valencia Osby (Lucas) v. Department of Social Services of Alleghany County 05/30/2023
Trial court did not abuse its discretion in terminating appellant’s parental rights under Code § 16.1-283(B)
0551223 Celeste Marie Sizemore v. Commonwealth of Virginia 05/30/2023
Judgment affirmed where appellant’s argument that the trial court abused its discretion in sentencing her to active incarceration for a new charge and by revoking her suspended sentences and imposing an additional active incarceration term is barred by Rule 5A:18; ends of justice exception is not invoked as there is no suggestion that a miscarriage of justice occurred
0619223 Nathaniel Wade Lawson v. Wise County Department of Social Services 05/30/2023
Trial court did not err in finding that termination of appellant’s parental rights was in child’s best interests and in terminating those rights under Code § 16.1-283(E)(i)
0638221 Mary Anne Waddell, f/k/a Mary Waddell Miller v. Matthew G. Miller 05/30/2023
Trial court did not err in its valuation of Waterway Warehouse; no error by court when it did not value KMD Fiber, Coastal Virginia Crane & Rigging, and Inland Marine after finding the evidence was unreliable and insufficient for determining value at the time of the hearing
0646221 Matthew G. Miller v. Mary Anne Waddell, f/k/a Mary Waddell Miller 05/30/2023
Judgment affirmed as trial court did not err in applying Code § 20-107.2 to the credit card debt; argument that court erred by refusing to classify the business expenses on the credit cards as marital debt barred by Rule 5A:20; appellant did not provide sufficient evidence to demonstrate court erred by failing to award him credit or compensation for any payments on marital debts
0656221 Jessie Alan Dyer, II v. Commonwealth of Virginia 05/30/2023
Trial court did not err in convicting appellant of object sexual penetration and aggravated sexual battery of a child under the age of thirteen where the evidence was competent, not inherently incredible, and sufficient for the convictions, Code §§ 18.2-67.2(A)(1) and 18.2-67.3
0942221 Brandon Rahsaan Moore v. Commonwealth of Virginia 05/30/2023
Trial court did not err in finding Code §§ 46.2-1003(C) and 4.1-1302(A) were not retroactive and denying appellant’s motion in limine seeking to exclude evidence obtained as a result of a stop and search
0958222 Jacob Lampkins v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0959213 Xavier Antcnio Gilbert v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as there was no error in denying appellant’s motion to suppress his statement to police as he was not in custody when interviewed; evidence was sufficient to convict appellant of charged offenses; arguments as to sufficiency of the evidence related to armed burglary and felony use of a firearm are barred by Rule 5A:18; no abuse of discretion as to sentencing
1005223 Deborah Anne Coleman v. Commonwealth of Virginia 05/30/2023
Trial court did not abuse its discretion when it sentenced appellant to 18 years of active incarceration as the sentence was within the terms of the written plea agreement and sentencing range set by the legislature; record demonstrates that the court heard appellant’s mitigating evidence and balanced it against other evidence when considering the sentence
1206222 Martin Maurice Yates v. Buckingham County Department Social Services 05/30/2023
Judgment affirmed where trial court terminated appellant’s parental rights pursuant to Code § 16.1-283(B) and (E)(iv) but he only challenges termination pursuant to Code § 16.1-283(C)(2); considering totality of the circumstances, trial court could correctly find it was in the child’s best interests to terminate appellant’s parental rights pursuant to Code § 16.1-283(B)
1366211 Cy Bailey, Sr. v. City of Norfolk Department of Human Services 05/30/2023
Judgment affirmed where appellant’s argument that trial court violated his due process rights when it approved the foster care goal of adoption/relative placement is barred by Rule 5A:20; no error in court’s termination of appellant’s parental rights pursuant to Code § 16.1-283(C)(2)
1415211 Stephen Lamar Garrick v. Commonwealth of Virginia 05/30/2023
Judgment reversed as, assuming without deciding that the trial court properly denied appellant’s motion to suppress, the evidence was insufficient to establish appellant possessed the contraband discovered in the vehicle
1672222 Richard Chase Maher v. Commonwealth of Virginia 05/30/2023
Judgment affirmed as appellant’s arguments that the evidence was insufficient to convict him of assault and battery of a family member and strangulation are barred by Rule 5A:18
0087233 Commonwealth of Virginia v. Jacob Ryan Tolley 05/23/2023
Judgment reversed and case remanded where trial court erred by disregarding the objective circumstances justifying the investigatory stop and basing its decision on the investigator’s state of mind when it granted appellee’s motion to suppress evidence
0189223 James Edward Fultz, IV v. Commonwealth of Virginia 05/23/2023
The trial court did not err in refusing to strike Juror 10 for cause; no error in court’s denial of appellant’s motion to strike the first-degree murder and robbery charges based on the evidence presented to the jury
0314224 LeeAnn S. Dance v. Glenn Dance 05/23/2023
Judgment affirmed in part as trial court did not err in ordering husband to deduct his tax rate from his payment to appellant as he was the party directly receiving the funds; no error in the amount of attorney fees granted appellant; judgment reversed in part as to the court’s grant of attorney fees to husband based upon appellant’s rule to show cause
0315224 Glenn Dance v. LeeAnn S. Dance 05/23/2023
Trial court did not err in finding appellant violated the PSA by not disclosing the profit-sharing plan portion of his pension; no error in court’s failure to hold an equitable distribution hearing on the profit-sharing plan; no error in court’s ruling on which tax rate should be deducted from wife’s share; no abuse of discretion where court did not apply the tax deduction retroactively
0504221 Jeffrey Lamont Harris, s/k/a Jeffrey Lamonte Harris v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion by admitting testimony based on an out-of-state probation officer’s case notes as there existed sufficient guarantees of trustworthiness; no abuse of discretion in the sentence imposed by the court
0712222 Herbert William Jones, Jr. v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion in excluding testimony of one of appellant’s expert witnesses regarding the accuracy of his GPS ankle monitor as it was cumulative; no error in finding evidence sufficient to convict appellant of breaking and entering and two counts of petit larceny
0755222 Dayomic Jackie Smith v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion when it imposed the balance of appellant’s previously suspended sentence as appellant’s disregard of the terms of his suspended sentence supports a finding that he was not amenable to rehabilitation
0778224 Elizabeth Haring v. The Bank of New York Mellon, etc. 05/23/2023
Judgment affirmed as assignments of error 1-3 are barred by Rule 5A:6(a); trial court did not err in awarding the appeal bond to appellee
0817223 Richard Lee Evans, II v. Commonwealth of Virginia 05/23/2023
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery
0957212 Parker Keefe Pappas v. Nicolle Van Allen and Francis Van Allen 05/23/2023
Judgment affirmed as argument that trial court erred in applying a preponderance of the evidence standard in ruling appellant was withholding consent to the adoption contrary to the best interests of the children, Code §§ 63.2-1203 and -1205, is barred by Rule 5A:18 plus court ultimately applied the correct evidentiary standard; court properly considered Code § 63.2-1205 factors
0969223 Markese Antonio Graham v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion in admitting victim’s son’s statement under the excited-utterance exception to the hearsay rule; no abuse of discretion in permitting Commonwealth to introduce a 911 call to rehabilitate victim’s credibility; evidence was sufficient to convict appellant of offenses as victim’s testimony was not inherently incredible
0981212 Jenna Van Allen v. Nicolle Van Allen and Francis Van Allen 05/23/2023
Judgment affirmed as argument that trial court erred in applying a preponderance of the evidence standard in ruling appellant was withholding consent to the adoption contrary to the best interests of the children, Code §§ 63.2-1203 and -1205, is barred by Rule 5A:18 plus court ultimately applied the correct evidentiary standard; court properly considered Code § 63.2-1205 factors
0998223 Timothy Lee Coles v. Commonwealth of Virginia 05/23/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the forfeiture hearing is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1395224 Albert Davis Williams v. Commonwealth of Virginia 05/23/2023
Trial court did not err in finding evidence was sufficient to convict appellant of robbery, Code § 18.2-58; no abuse of discretion in court’s imposition of a 12-year active sentence for the robbery
1704224 Sujata Das v. Yanzhe Wang and Metropolitan Property and Casualty Insurance Company 05/23/2023
Judgment affirmed as timely-filed transcripts, or written statement of facts in lieu of a transcript, of the September 2, 2022 hearing and October 11-12, 2022 trial are necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
1726222 Aaron Otis Peters v. Commonwealth of Virginia 05/23/2023
Trial court did not abuse its discretion when it imposed the balance of appellant’s previously suspended sentence as it appeared to have determined appellant’s extensive criminal history and repeated probation violations heavily outweighed the mitigating factors
1755223 Riley D. Thornock and Rebecca J. Thornock v. Bedford County 05/23/2023
Judgment affirmed as a timely-filed transcript, or compliant written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants’ assignment of error, Rule 5A:8(b)(4)(ii)
0128223 Mohammed Sabri Laylani v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence was sufficient to convict appellant of rape and sodomy; argument that court did not allow enough time to find an appropriate interpreter for a witness barred by Rule 5A:18
0154222 Dwayne Ottis Dalton v. Commonwealth of Virginia 05/16/2023
Trial court did not err in rejecting appellant’s hypothesis of innocence considering the totality of the evidence; evidence was sufficient to convict appellant of possession of methamphetamine, forgery of bank notes, and uttering of forged notes, Code §§ 18.2-250, 18.2-173, and 18.2-170
0198224 Sharon Elizabeth Furr v. Tamara Al-Saray 05/16/2023
Judgment reversed where there were multiple possible proximate causes of the accident but no evidence upon which a jury could base a finding on the issue of causation, therefore the trial court erred in denying appellant’s motion to strike and subsequent motion to set aside the jury’s verdict
0223222 Charles Edmond Coleman, III, s/k/a Charles Edmund Coleman, III v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in permitting a joint trial of appellant and co-defendant; no error in finding sufficient evidence to prove appellant’s participation in the crimes; pursuant to Rule 1:1, the trial court did not have jurisdiction to consider appellant’s post-conviction motion to stay his convictions
0393222 Christian Arpad Petrovics v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in finding that a transcript prepared by someone other than a court reporter was not self-authenticating and could be used to refresh a witness’ recollection, but could not be used to impeach a witness at trial; trial court did not err in finding evidence was sufficient to convict appellant of the charged offenses
0430221 Jermaine M. Capel v. Commonwealth of Virginia 05/16/2023
Judgment affirmed where argument that appellant was denied his Sixth Amendment right to confront witnesses is barred by Rule 5A:18; ends of justice exception is inapplicable as appellant fails to show that a miscarriage of justice occurred
0564221 Wendell Wyndale Wilson v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding appellant in contempt of court for failure to comply with a court order in violation of Code § 18.2-456
0586223 Jzharey Lequante Jones v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in denying appellant’s motions to set aside the verdict that argued the court should have allowed him to use prior inconsistent statements to impeach the victim as an adverse witness; trial court did not err when it found evidence was sufficient to convict appellant of strangulation and domestic assault and battery
0597221 Mack Tyson Regis v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence sufficient to convict appellant of abduction, Code § 18.2-47, and malicious wounding, Code § 18.2-51
0689221 William Greatheart, Jr. v. City of Hampton 05/16/2023
No error in Commission’s rejection of appellant’s claim challenging a medical payment shortfall
0702222 Jennifer Darnell Proctor v. Commonwealth of Virginia 05/16/2023
Trial court did not err in finding evidence was sufficient to convict appellant of destruction of property
0758223 Michael A. Hullings v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion by revoking and imposing the balance of appellant’s suspended sentences as he was non-compliant with the terms and conditions of his probation and had shown significant aggression towards law enforcement officers
0761223 Amanda Hope Miller v. Washington County Department of Social 05/16/2023
Trial court did not err in finding the foster care goal of adoption was appropriate where the Department of Social Services made reasonable efforts to reunite the children with appellant and in concluding that the permanency planning goal of adoption was in the children’s best interests
0806211 Michael Earl Jones v. City of Suffolk 05/16/2023
Trial court did not err in finding appellant guilty of reckless driving where the testimony of witnesses and other evidence provided sufficient evidence that appellant’s recklessness caused the accident
0853224 Michael Powell v. Melanie Knoepfler-Powell 05/16/2023
Trial court did not abuse its discretion in denying appellant’s motion to modify the custody and visitation order and in granting mother decision-making authority regarding child’s medical care, Code § 20-124.3; arguments about admission of child’s notes as a demonstrative exhibit and factual statements by counsel barred by Rule 5A:18
0988221 Brineatay Brownson v. Commonwealth of Virginia 05/16/2023
Trial court did not err in denying appellant’s motion to suppress the evidence because the totality of the circumstances gave the officers reasonable, articulable suspicion of appellant’s criminal activity justifying his detention
0999223 Eric L. Bolden v. Commonwealth of Virginia 05/16/2023
Trial court did not err in ruling that Code § 46.2-1013(B) does not apply retroactively; no error by court in denying the motion in limine nor in determining that the evidence was sufficient to convict appellant of possession of a firearm by a violent felon
1297224 Sunil Nasim v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in denying appellant’s motion for reconsideration of his sentence filed pursuant to Code § 19.2-303
1400224 Michael Jerome Ratliff, s/k/a Michael Jerome Ratliff, Jr. v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in imposing a four-year active sentence after appellant entered guilty pleas to various offenses and after it considered the evidence, including appellant’s mitigating evidence
1420223 Charles Edward Cubbage, Jr. v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in sentencing appellant on his probation violation after weighing all the circumstances and imposing a sentence within the prescribed statutory scheme
1650224 Javon Williams, s/k/a Javon A. Williams v. Commonwealth of Virginia 05/16/2023
Trial court did not abuse its discretion in revoking appellant’s probation after he entered a guilty plea to possession of a firearm, imposing a 12-month active sentence, and running the sentence consecutive with the firearm sentence
1651224 Javon Williams, s/k/a Javon A. Williams v. Commonwealth of Virginia 05/16/2023
Judgment affirmed where appellant’s argument that the factual proffer by the Commonwealth did not support his guilty plea to possession of a firearm by a convicted felon barred by Rule 5A:18
1695224 Smoke USA, Inc., et al. v. Nour Associates, L.L.C. and Mirweis Tarzi 05/16/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellants’ assignments of error, Rule 5A:8(b)(4)(ii)
0628224 Antonio Mason Coyne v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the sentencing hearing is necessary to permit a review of the merits of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0742223 Sarah Elizabeth Walker v. Joseph Mark Walker and Maria Teresa Bria Walker 05/09/2023
Judgment affirmed as the record is insufficient to substantiate her assignment of error without the proffered testimony of appellant’s missing witnesses
0881223 Camron Marquis Jeffries v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as timely-filed transcripts of the plea and sentencing hearings, or a written statement of facts in lieu of the transcripts, are necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1217223 Keyon Da'Monta Petty v. Commonwealth of Virginia 05/09/2023
Judgment reversed and conviction vacated as evidence does not show that appellant interfered with or altered the rearview mirror of the car and his fingerprint on the mirror is not sufficient to conclude that appellant tampered with the vehicle pursuant to Code § 18.2-146
1248221 Walter Whitfield v. Commonwealth of Virginia 05/09/2023
Trial court did not err in determining it lacked jurisdiction to consider appellant’s motion to vacate as the convictions at issue were not void
1332222 Jamie Jo Lundie v. Commonwealth of Virginia 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of appellant’s May 3, 2022 sentencing and/or a complete transcript of the August 2, 2022 hearing on appellant’s motion to modify sentence is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1434222 Victor Matthew Thompson v. Commonwealth of Virginia 05/09/2023
Trial court did not err in finding appellant remains a sexually violent predator ineligible for conditional release, Code § 37.2-910
1458224 Vincent Colbert v. Martrell Spaight 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error and appellant only filed two partial transcripts from the three-day jury trial, Rule 5A:8(b)(4)(ii); in addition, appellant did not proffer the medical bills at issue in the appeal after they were excluded
1551224 David E. Sanjines Suarez, Karen F. Montano De Sanjines, et al. v. Ryan M. Donais 05/09/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the June 3, 2022 hearing is necessary to permit a review of the merits of appellants’ assignments of error, Rule 5A:8(b)(4)(ii)
0105223 Joseph Lee Loftis v. Commonwealth of Virginia 05/02/2023
Trial court did not err in finding evidence was sufficient to convict appellant of the charges against him; no abuse of discretion by limiting appellant’s cross-examination of a witness; no error in denying appellant’s motion for a mistrial because jury may have heard courtroom deputies discussing keys, thus impermissibly implying that appellant was in custody
0340221 Paul Sylvester Martin, Jr. v. Commonwealth of Virginia 05/02/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence and imposed active incarceration as it considered mitigating factors presented by appellant; no abuse of discretion in denying appellant’s motion to withdraw his “guilty plea” to probation violations
0577223 Nelson O’Neal Dews, II v. Commonwealth of Virginia 05/02/2023
Trial court did not err in finding the evidence was sufficient to convict appellant as the victim’s testimony was not inherently incredible as a matter of law; no error in finding victim’s testimony that her neck was red and sore the day after the incident was sufficient to demonstrate a bodily injury and support a conviction for strangulation
0640223 Angela Key Bennett, s/k/a, etc. v. Carroll County Department of Social Services 05/02/2023
Trial court did not abuse its discretion by denying appellant’s motion to suspend its judgment; no error in terminating appellant’s parental rights and approving the foster care goal of adoption, Code § 16.1-283(C)(2)
0642224 James Albert Aurilio v. Antonia Concepcion Aurilio 05/02/2023
Judgment affirmed as trial court did not err in its award of wife’s spousal support amount, in determining the separation date, and in requiring life insurance policies be maintained; appellant cannot approbate and reprobate by arguing that court coerced him to pay wife’s car loan; argument regarding wife’s housing expenses barred by Rule 5A:18
0683224 Turner Ashby Camp No. 1567 (Sons of Confederate Veterans) v. County of Clarke, Virginia 05/02/2023
Trial court did not abuse its discretion by finding appellant’s request for a discretionary award of the Association of the Survivors of the Clarke Cavalry’s assets was not germane to the County’s adverse possession suit and denying a motion to intervene and a motion for reconsideration, Code § 13.1-907
0719222 Nick Spanos, a/k/a Nickolas Spanos Spanoudis v. Gregory Panos, et al. 05/02/2023
Judgment affirmed as appellant’s arguments asserted in his first two assignments of error are barred by Rule 5A:20(c)(2); appellant’s argument that appellees’ counsel was allowed to argue hearsay and false evidence is barred by Rule 5A:18; no abuse of discretion by court in denying appellant’s motion to reopen case as untimely pursuant to Code § 8.01-428(A)
1510222 Veronica Hardy Everette and Loritha Maye Hayes, etc. v. Community Memorial Hospital, etc., et al. 05/02/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the September 7, 2022 hearing is necessary to permit a review of the merits of appellants’ assignment of error, Rule 5A:8(b)(4)(ii); appellants’ assignment of error does not sufficiently raise their argument relating to the tolling effect of the 2020 judicial emergency orders
1955222 William Lester v. Commonwealth of Virginia 05/02/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
0127222 Montalla, LLC V. Commonwealth of Virginia, et al. 04/25/2023
Trial court did not err in sustaining the plea in bar of sovereign immunity to Counts I-III; no error in court’s rejection of appellant’s economic duress claim; appellant’s allegations regarding breach of the underlying contracts and unconstitutional takings are barred; court did not abuse its discretion in denying appellant’s motion to reconsider and motion to amend its pleading
0370222 Martin Edenilson Flores v. Commonwealth of Virginia 04/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
0437222 Alonzo Roger Jackson v. Commonwealth of Virginia 04/25/2023
Judgment affirmed where court admitted unredacted 2002 conviction and sentencing order as any error in failing to redact certain information was harmless; argument about trial court’s potentially prejudicial statement barred by Rule 5A:18; no error in refusal of Jury Instruction A; evidence was sufficient to convict; no abuse of discretion in denying motion to set aside verdict
0482222 Kristen Inglese v. Albemarle County Department of Social Services 04/25/2023
Judgment affirmed as argument that appellee did not document that termination of parental rights was in the child’s best interests is barred by Rule 5A:18 and the decision did not result in a miscarriage of justice; argument that termination was premature is moot; case remanded for court to address the basis for not granting custody to paternal grandmother, Code § 16.1-283(A)
0575221 Jamal Leander Thomas v. Commonwealth of Virginia 04/25/2023
Trial court did not err in convicting appellant of statutory burglary as the evidence was sufficient to prove beyond a reasonable doubt that he acted with the requisite intent, Code § 18.2-91
0612224 Nydia Blake and Rebecca Montalvo v. Marina Tamrit Couk 04/25/2023
Trial court did not err when it followed the procedures set forth in Code § 16.1-109(B)(ii) and remanded the case to the general district court to set and order a bond in compliance with Code § 16.1-107(A)
0681221 LaQuadric Kenez Pittman v. Commonwealth of Virginia 04/25/2023
Trial court did not err in admitting testimony as to the contents of a video even though it excluded the video from evidence; evidence was sufficient to convict appellant of conspiracy to obtain property by false pretenses and of obtaining property by false pretenses, Code §§ 18.2-22 and 18.2-178
0738222 Brandon Keith Browning v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing an active sentence that exceeded the high-end recommendation of the sentencing guidelines where it considered the guidelines, the circumstances of the offense, the evidence presented, and appellant’s statements before imposing a sentence within the statutory range, Code §§ 18.2-10(f) and 18.2-51
0791224 Eric Demetrius Campbell v. Commonwealth of Virginia 04/25/2023
Judgment reversed where trial court imposed special sex offender probation conditions on appellant when he had never been convicted of a sex offense and the trial court had expunged the criminal record indicating that he was charged with one; case remanded for further proceedings
0991221 Earl Louis Byers, II, etc., et al. v. Tamra Lynn Ducceschi and Amanda Rae Malbon 04/25/2023
Judgment affirmed as a timely-filed transcript, or written statement of facts in lieu of a transcript, of the May 31, 2022 hearing is necessary to permit a review of the merits of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
1053223 Terry W. Glenn, s/k/a Terry Wayne Glenn v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing a three-year probation term when sentencing appellant on a conviction of distribution of methamphetamine
1080223 William Reno Ray v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by denying appellant’s continuance motion as he has not demonstrated prejudice resulting from the decision; no error in finding sufficient evidence to convict appellant of two counts of first degree murder
1365223 Winfred Dewayne Mullins v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by imposing an active sentence of 40 years’ imprisonment, a sentence in excess of the range recommended by the sentencing guidelines, after consideration of the evidence
1413221 Lavelle Damon Davis v. Commonwealth of Virginia 04/25/2023
Trial court did not abuse its discretion by revoking the remainder of appellant’s suspended sentence after considering his mitigating circumstances and arguments for a lower sentence
0483222 Lavishia Tia Fulton, s/k/a Lavisha Tia Fulton v. Commonwealth of Virginia 04/18/2023
Trial court did not err in finding sufficient evidence to convict appellant of maliciously firing a gun at an occupied vehicle, Code § 18.2-154, and attempted aggravated malicious wounding, Code §§ 18.2-26, -51.2, as evidence was sufficient to prove that she fired a gun while pointing it at the victim and her car
0627223 Jeremy Scott Gray v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion as it did not automatically revoke appellant’s prior suspended sentence without considering alternatives to incarceration, Code §§ 19.2-305.1(G) and -306, and approved appellant for participation in a work release program
0757223 John Robert Martin, s/k/a John Robert Martin, Jr. v. Commonwealth of Virginia 04/18/2023
Judgment affirmed as court properly denied motion to suppress, admitted evidence regarding appellant’s kidnapping of his wife, refused appellant’s request to take jury to site of shooting, denied appellant’s post-trial Batson challenge; any error in admitting kidnapping conviction and compelling wife to testify against appellant was harmless; evidence was sufficient to convict
0868213 Arun Rashid Turay v. Commonwealth of Virginia 04/18/2023
Rehearing en banc granted
0902223 Michael Scott Wolfe v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence based on new criminal convictions and imposing an active term of incarceration
0914224 Todd Arlynn Schaeffer v. City of Fairfax 04/18/2023
Trial court did not abuse its discretion in sanctioning appellant for filing a motion after he was repeatedly informed the court no longer had jurisdiction over the case and he was not permitted to file any more motions, Code § 8.01-271.1
0949224 Steven Best v. M. Jay Farr, Chief of Police, et al. 04/18/2023
Trial court did not err in sustaining appellees’ demurrers as appellant failed to allege facts sufficient to state a cause of action under Virginia tort law; no abuse of discretion in dismissing the amended complaint with prejudice; no error as to recusal decision
0952224 Jessica Lary v. M. Jay Farr, Chief of Police, et al. 04/18/2023
Trial court did not err in sustaining appellees’ demurrers as appellant failed to allege facts sufficient to state a cause of action under Virginia tort law; no abuse of discretion in dismissing the amended complaint with prejudice; no error as to recusal decision
1137223 James William Whittaker v. Commonwealth of Virginia 04/18/2023
Trial court did not abuse its discretion when it revoked appellant’s suspended sentence and imposed active incarceration of four years
1378223 Gina Marie Lubertazzi v. Commonwealth of Virginia 04/18/2023
Judgment affirmed where appellant’s argument that the trial court erred in imposing a two-year sentence without sufficient written explanation for the significant departure from the guidelines is barred by Rule 5A:18
0329224 Levyn Herbert Andrade, a/k/a, etc. v. Commonwealth of Virginia 04/11/2023
Trial court did not abuse its discretion in admitting evidence of appellant’s prior bad acts; no error in finding sufficient evidence to convict appellant of rape and abduction
0607222 Thomas A. Carr v. Maribeth C. Carr 04/11/2023
Trial court did not abuse its discretion in awarding wife spousal support based in part on wife’s income and expense statement; court adequately addressed each of the statutory factors for awarding spousal support and explained its factual findings; no abuse of discretion in granting wife a divorce on no-fault grounds
0613223 Michael Renea Johnson v. Commonwealth of Virginia 04/11/2023
Trial court did not err in denying appellant’s motion to dismiss on federal and state constitutional speedy trial grounds as the evidence supports the conclusion that the delays at issue that were attributable to the Commonwealth were valid and justified
0937223 Derrick A. Edwards v. Commonwealth of Virginia 04/11/2023
Judgment reversed as appellant presented the trial court with an “actual controversy” and his declaratory judgment action is an appropriate means by which to pursue his constitutional challenges to Code § 53.1-25 and Virginia Department of Corrections OP 861.1; case is remanded for further proceedings
1186222 Loretta Lynn Carr v. Buckingham County Department of Social Services 04/11/2023
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(E)(i)
1234214 Tony Jacob Thomas v. Commonwealth of Virginia 04/11/2023
Trial court did not err in convicting appellant under the original plea agreement and the doctrine of approbate/reprobate bars consideration of the argument that the parties were free to amend the plea agreement after the court took the matter under advisement; no error by court in denying motion to withdraw plea agreement
1328212 Jesus Lamont Turner v. Commonwealth of Virginia 04/11/2023
Trial court did not err in convicting appellant of first-degree murder, malicious wounding, and two counts of using a firearm in the commission of a felony, as the evidence was sufficient to identify him as one of the perpetrators
1331223 Sierra Shauntel Jones v. Commonwealth of Virginia 04/11/2023
Trial court did not err in finding appellant had unsupervised contact with minors in violation of her probation; no abuse of discretion when court denied appellant’s mid-hearing request for a continuance
1373214 James Frederick Browne v. Commonwealth of Virginia 04/11/2023
Judgment reversed where trial court erred in imposing a sentence of active incarceration that exceeds the statutory maximum sentence for a second technical violation under Code § 19.2-306.1(C), revocation sentencing order is vacated, and case remanded for resentencing
0259221 Ronny L. Jernigan v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying motion to dismiss based on appellant’s claim of intentional pre-indictment delay by the Commonwealth and did not err in denying same motion based on argument that appellant’s constitutional right to a speedy trial was violated; trial court did not err in denying motion to set aside the verdict where there was sufficient evidence to convict
0413223 Sandra Denise Campbell Reid v. Commonwealth of Virginia 04/04/2023
Trial court did not err in finding appellant failed to provide adequate care to her dog, created a situation which made it “not improbable” that injury would occur, and knew the probable results of her acts, thereby willfully inflicting inhumane injury and pain and causing serious bodily injury in violation of Code § 3.2-6750(F)
0500221 Jason J. Brayden v. Commonwealth of Virginia 04/04/2023
Judgment affirmed where appellant’s argument that it was error for the trial court to accept his guilty pleas is barred by Rule 5A:18; appellant failed to show good cause to address the argument and the ends of justice exception is inapplicable; no abuse of discretion when court imposed its sentence or later corrected a clerical mistake in the sentencing order
0563223 Garland Ellis King, Jr. v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying appellant’s motion to suppress as marijuana was not a legitimate, lawful substance at the time the officer searched appellant’s car and the search was supported by probable cause
0600222 Donnell Downey v. Commonwealth of Virginia 04/04/2023
Judgment affirmed in part where sufficient evidence existed to convict appellant of all charges; argument that attempted robbery indictment cited incorrect statute barred by Rule 5A:18 and ends of justice exception inapplicable; judgment reversed in part and case remanded for trial court to re-sentence for attempted robbery, conspiracy to commit robbery, and bailee violation
0647221 Antone Lamont Shields v. Commonwealth of Virginia 04/04/2023
Trial court did not err in denying appellant’s motion to suppress evidence as Code § 4.1-1302(A) had not been enacted as of the date of the search and did not apply retroactively
0700221 Vernon Eugene Hannah, s/k/a Donald Lassiter v. Commonwealth of Virginia 04/04/2023
Judgment affirmed as appellant’s arguments that the trial court did not have subject matter jurisdiction to revoke and resuspend his misdemeanor sentence and the trial court erred in finding the evidence sufficient to establish that he violated probation are barred by Rule 5A:18
0845223 Joshua Carl Gannon Voltz v. Commonwealth of Virginia 04/04/2023
Trial court did not abuse its discretion when it sentenced appellant on his convictions after balancing appellant’s mitigating evidence and the significant aggravating factors
0966224 Brian Anthony Joe v. Commonwealth of Virginia 04/04/2023
Trial court did not err in viewing evidence of unadjudicated criminal activity at the sentencing hearing as it was relevant and the probative value was not outweighed by its prejudicial effect; no error in the court’s determination of the length of appellant’s sentence after considering all of the evidence and argument presented
1060224 Bruce Henry v. Dominion Towing & Recovery, LLC 04/04/2023
Judgment affirmed as appellant did not timely note an appeal from the trial court’s June 17, 2022 final judgment and errors assigned to that ruling are not considered; arguments that opposing counsel and judge acted unethically and unlawfully barred by Rule 5A:20; no error in court’s denial of appellant’s motion to reconsider a sanctions award
1102222 Christine Solem v. Sarah Taylor 04/04/2023
Judgment affirmed where appellant waived her claim about lack of notice and an opportunity to be heard by failing to object, Rule 5A:18; trial court did not err in dismissing appellant’s claim with prejudice as she failed to present a justiciable claim to support her petition for declaratory judgment; court did not fail to rule on a power of attorney issue
1185223 William Daniel Jackson v. Commonwealth of Virginia 04/04/2023
Judgment affirmed where appellant’s arguments that evidence was insufficient to support a conviction of malicious wounding as malice cannot be inferred from Commonwealth’s evidence presented at trial and the evidence was insufficient to prove he had the intent to maim, disfigure, disable, or kill are barred by Rule 5A:18
0243224 Dana Mark Camann, Jr. Commonwealth of Virginia 03/28/2023
Petition for Rehearing En Banc granted
0347223 Adam Christopher Armstrong v. Kristy Marie Roadcap 03/28/2023
Judgment affirmed as trial court did not err in denying appellant’s motion to set aside the jury verdict as to damages; any error by the trial court in denying appellant’s motions for summary judgment was harmless, Code § 8.01-678
0417224 Saul Garay-Amaya v. Commonwealth of Virginia 03/28/2023
Trial court did not err in denying appellant’s motions to strike and set aside the verdict as there was sufficient evidence to convict appellant of abduction where he abducted the victim before strangling and sexually assaulting her and the detention was not intrinsic to those acts; there was also sufficient evidence to convict him of object sexual penetration
0423222 Robert Ryan Grasty v. Commonwealth of Virginia 03/28/2023
Trial court did not err in allowing jury instruction permitting jury to judge appellant’s age by his appearance; no abuse of discretion in denying appellant’s motion for a new trial based on voir dire and jury’s understanding of sentencing instructions; argument that appellant was entitled to a new trial because court improperly joined offenses involving two victims is waived
0462223 Jeremiah Howard Sweet v. Commonwealth of Virginia 03/28/2023
Trial court did not err in convicting appellant of obtaining money by false pretenses where the facts and circumstances do not support appellant’s hypothesis of innocence but do support his intent to defraud; no error in refusing to apply the single larceny doctrine in the case as appellant engaged in a series of fraudulent transactions that were sporadic in both time and place
0539223 Paul Douglas Via v. Commonwealth of Virginia 03/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of threatening to bomb or burn where record demonstrated appellant threatened to burn down victim’s house, communicated that threat to victim, and she reasonable feared he would act on the threat, Code § 18.2-83; argument regarding officer’s body camera footage barred by Rule 5A:18
0644223 Victor Bernard Ortiz v. Commonwealth of Virginia 03/28/2023
Trial court did not err in overruling appellant’s objection to admission of his statements as the deputy’s questions were investigatory and appellant was not in custody for purposes of Miranda; evidence was sufficient to convict appellant of violating a protective order; no error in revoking appellant’s previously suspended sentences and imposing an active period of incarceration
0664223 John Thomas Conner v. Commonwealth of Virginia 03/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of felony destruction of property in violation of Code § 18.2-137(B)(ii)
0729224 Amanda Deanne Coles v. Commonwealth of Virginia 03/28/2023
Judgment affirmed as appellant’s argument concerning admission of certain testimony at her sentencing hearing is barred by Rule 5A:18; the ends of justice exception does not apply as appellant’s argument lacks support for the position that her sentence constitutes a manifest injustice
0741223 Matthew Tyler Parker v. Commonwealth of Virginia 03/28/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing an active term of incarceration of six years; no evidence that the trial court failed to consider the mitigating evidence presented by appellant
0905221 Timothy Steven Sloan v. Commonwealth of Virginia 03/28/2023
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence after a third revocation proceeding
1193214 Gregory Shawn Mercer v. Commonwealth of Virginia 03/28/2023
Judgment affirmed as trial court did not err in ruling that appellant’s constitutional right to a speedy trial was not violated; appellant has not identified any way that he preserved any of the remaining issues on appeal for appellate review or properly presented them in his brief, Rules 5A:18 and 5A:20
1380224 Kenneth R. Fox v. Wendy R. Fox 03/28/2023
Judgment affirmed as trial court’s lack of ruling on motion to set aside a contempt order, “non-participation sanction,” and bond orders was due to appellant’s motion to withdraw the motion to set aside; no abuse of discretion in imposing sanctions, including attorney fees, against appellant; argument regarding changed circumstances barred by Rule 5A:18
1449224 Taijia Treyshawn Jackson v. Commonwealth of Virginia 03/28/2023
Judgment affirmed where appellant’s argument that the court improperly relied on his criminal record during a probation revocation hearing is barred by Rule 5A:18 and ends of justice exception does not apply; no error by court in sentencing appellant above the high end of the discretionary sentencing guidelines
0134221 Elwood Saunders Gregory v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the sentence imposed by the trial court was within the statutory range and the record shows the court considered mitigating circumstances and the sentence received in another jurisdiction; argument that guilty plea was not entered knowingly, voluntarily, and intelligently is barred by Rule 5A:18 and ends of justice exception does not apply
0253222 Anthony Ivory Cook, Jr. v. Commonwealth of Virginia 03/21/2023
Trial court did not abuse its discretion in admitting images of the crime scene and victim’s treatment; trial court made a proper inquiry necessary to deny a competency evaluation; trial court did not err when it denied appellant’s motion to strike as the evidence was sufficient to convict appellant of second-degree murder
0274223 Luis Manuel Negron v. Commonwealth of Virginia 03/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of driving on a suspended driver’s license based on the driving record certified by the Commissioner of the Department of Motor Vehicles, Code § 46.2-301
0291222 Aidan Joseph Nevers v. Commonwealth of Virginia 03/21/2023
Trial court did not err in excluding evidence of appellant and S.T.’s prior sexual relationship, Code § 18.2-67.7(A)(2); no abuse of discretion in refusing to allow appellant to show witness photographs that contradicted his testimony ostensibly to refresh his recollection; argument regarding hearsay waived; evidence was sufficient to convict appellant of rape
0479222 Kenneth Hill, s/k/a Kenneth Ray Hill v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the evidence was sufficient to convict appellant of failing to reregister with the Sex Offender and Crimes Against Minors Registry, Code § 18.2-472.1; argument that Code § 18.2-472.1 does not criminalize late registration is barred by Rule 5A:18
0529224 Won Yung Jung v. Commonwealth of Virginia 03/21/2023
Judgment affirmed where trial court granted the motion in limine to prevent evidence that prior prosecutors had decided not to bring charges against appellant; no abuse of discretion in allowing prosecutor to say in opening statement that victim feared appellant or admitting certain photographs; instructing jury on consideration of appellant’s character was harmless error
0622224 Mohsen A. Yazdi v. Maryam Darei 03/21/2023
Trial court did not err in awarding wife a divorce on the grounds of cruelty, Code § 20-91(6), as appellant’s guilty plea to assault & battery of wife and protective orders entered by JDR court provided necessary corroboration; no abuse of discretion where court found appellant had ability to pay the spousal support award, Code § 20-107.1
0639224 John Pleasant Johnson, Jr. v. Commonwealth of Virginia 03/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of various crimes through the use of intimidation, considering his paternal role and his provision of necessary financial support for the family, psychological pressure on the victim sufficient to overcome her will, and the victim’s status as vulnerable and susceptible to such pressure
0713221 Patricia Spivey v. Annitavia Latrice Thomas 03/21/2023
Trial court did not err in overruling motions to strike the case due to contributory negligence; trial court fully instructed the jury about the pedestrian’s duties and did not err in refusing another instruction relating to the same legal principle
0868213 Arun Rashid Turay v. Commonwealth of Virginia 03/21/2023
Upon a Rehearing – judgment reversed where trial court erred in finding the police officer possessed a reasonable, articulable suspicion of criminal activity to support the investigative stop of appellant and denying the motion to suppress the fruits of the unconstitutional seizure; appellant’s convictions vacated and case remanded for further proceedings
0929212 Herbert Eugene Smith, Jr. v. Commonwealth of Virginia 03/21/2023
Judgment affirmed as the evidence was sufficient to convict appellant of rape by force and abduction with intent to defile; appellant waived his confrontation argument due to his failure to sufficiently proffer the expected content of the testimony and, even if he did not waive the argument, any error would be harmless
1068224 Marshall Stephens v. Commonwealth of Virginia 03/21/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant’s assignment of error, Rule 5A:8(b)(4)(ii)
0218223 Joshua Adam Eckard v. Commonwealth of Virginia 03/14/2023
Trial court did not err in denying a Franks hearing in support of appellant’s motion to suppress; no error in giving jury instruction related to second or subsequent offense of possession of child pornography; no error in refusing to include the dates of the charged offenses in the jury instructions; no error in denial of motion to set aside verdict based on alleged juror misconduct
0264222 Lorenzo Donte Reynolds v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding sufficient evidence to convict appellant of strangulation as his actions interfered with the victim’s ability to breathe or obstructed her breathing; evidence was sufficient to convict appellant of aggravated malicious wounding when he bit off the victim’s lip
0267221 Edward N. Furby, s/k/a Edward Nathaniel Furby v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding, based on expert testimony, appellant remains a sexually violent predator and there is no suitable lesser restrictive alternative than involuntary secure inpatient treatment at the VCBR
0386222 Gabrielle Bradford v. Jared Crain 03/14/2023
Judgment affirmed as trial court properly granted a demurrer where appellant failed to adequately allege gross negligence on the part of the police officer; any error in denying the motion to amend was harmless as the proffered amendments to appellant’s second amended complaint were legally futile, Code § 8.01-678
0431223 Jamison Richard Jones v. Commonwealth of Virginia 03/14/2023
Judgment reversed and case remanded where trial court held a search warrant authorized the search of appellant and his vehicle 2 miles from his dwelling; good faith exception to the exclusionary rule does not apply to permit the search conducted by the officer
0467221 Anthony Sterling Salisbury v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding appellant guilty of assault and battery of a law enforcement officer based on the officers’ testimony and the body camera video; appellant’s unlawful intent may be inferred from the totality of his conduct and the attending circumstances
0666221 Aisan Walhed Taylor v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion by sentencing appellant to a term of imprisonment that falls within the statutory range
0669221 Destin Dominique Moore v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea as he failed to present any substantive evidence of a reasonable basis for contesting his guilt
0685222 Rhetta M. Daniel v. E. Grier Ferguson, et al. 03/14/2023
Trial court did not err in finding Code § 54.1-3915 did not confer subject-matter jurisdiction allowing it to adjudicate appellant’s complaint; argument regarding the designation of a judge cannot be reached because there was no jurisdiction for the case more broadly, Code § 17.1-105
0691212 Michael Lee Veney v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion when it denied appellant’s motion for a mistrial; evidence was sufficient for jury to convict appellant of second-degree murder, reckless handling of a firearm, malicious shooting into an occupied vehicle, shooting a firearm from a vehicle, and use of a firearm in the commission of a felony
0693224 John Calvin Key v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion in sentencing appellant because the probation violation proceedings commenced before the enactment of the amendments to Code § 19.2-306
0819224 Frank Howard v. Suzanne Howard 03/14/2023
Trial court did not abuse its discretion in denying a continuance when appellant failed to proffer allegedly excluded evidence; argument that court erred by excluding certain testimony cannot be considered as appellant failed to proffer the excluded testimony; no error in finding appellant failed to prove a material change in circumstances warranting a change in spousal support award
0834211 Malik Brown v. Commonwealth of Virginia 03/14/2023
Trial court did not err in finding sufficient evidence to convict appellant of second-degree murder, notwithstanding his arguments that he acted in self-defense and he did not act with malice
0867221 Aisan W. Taylor, s/k/a Aisan Walhed Taylor v. Commonwealth of Virginia 03/14/2023
Trial court did not abuse its discretion by sentencing appellant to a term of imprisonment that falls within the statutory range
0044223 Jacob Thomas Snead v. Commonwealth of Virginia 03/07/2023
Trial court did not abuse its discretion in admitting appellant’s blood alcohol results where the health care providers relied on them to treat him; no abuse of discretion in admitting doctor’s opinion testimony; evidence was sufficient to convict appellant of aggravated involuntary manslaughter
0140222 Nickolas G. Spanos v. Michael Y. Feinmel, Esquire 03/07/2023
Trial court did not err in finding Code § 54.1-3915 did not confer subject-matter jurisdiction allowing it to adjudicate appellant’s complaint; court’s ruling does not violate the Rules of the Supreme Court of Virginia and those rules do not provide mandatory jurisdiction to circuit courts to disbar attorneys; court’s ruling was not arbitrary or capricious
0158223 Keith Iverson Harrop, II v. Lesley Ann Butterfield Harrop 03/07/2023
Trial court did not err in classifying certain mortgage payments as a marital contribution; no error in court’s interpretation and application of Code § 20-107.3(C) as to marital debts; no error in court’s application of Code § 20-170.3(E) as to equitable distribution; no error in court’s application of Code § 20-124.3 as to award of sole legal custody of the children to wife
0183222 Deshon Scott v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding based on testimony that, without provocation, appellant hit the victim in the head several times, knocked him down, and forcefully kicked him after he collapsed, causing near-fatal traumatic brain injury, multiple skull fractures, and inoperable facial fractures
0400222 Gregory D. Cook, Jr., s/k/a Gregory Darnell Cook, Jr. v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of possessing a concealed weapon where the firearm was hidden from common observation, Code § 18.2-308(A); no error in finding sufficient evidence of felony eluding where appellant willfully and wantonly disregarded visual and audible signals of police and endangered at least one person
0444223 David Lee Morse v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of conspiracy to commit first-degree murder and first-degree murder as an accessory before the fact; no error in finding sufficient evidence to convict appellant of use of a firearm; argument regarding jury unanimity barred by Rule 5A:18; ends of justice exception unavailable
0494223 Roger W. Woody d/b/a Showcase Home Builders v. Lion's Gate Home Owners Association, Inc. 03/07/2023
Judgment affirmed in part as there was no error in denying appellant’s Plea in Bar of Waiver; no error in finding appellant in breach of contract by delivering a defectively designed and constructed retaining wall; no error in denying appellant’s Plea in Bar of Ultra Vires action; judgment reversed as to trial court’s denial of attorney fees and costs to HOA
0518224 The Temple Foundation, Inc. v. Focus SH Acquistions, LLC 03/07/2023
Trial court did not err in interpreting the Operations Transfer Agreement between the parties; no error when trial court sustained the demurrer without leave to amend as to appellant’s breach of contract, unjust enrichment, and declaratory judgment claims because the complaint was legally insufficient to state a cause of action upon which relief could be granted
0546221 Entrepreneur Dream Team v. Anchor Assets, LLC, et al. 03/07/2023
Judgment affirmed where required notice of default was sent to appellant; no error in granting summary judgment where appellant failed to create a genuine dispute for trial that it suffered harm from any noncompliance with the deed of trust
0595222 Willie Williams v. Commonwealth of Virginia 03/07/2023
Judgment affirmed where, assuming it was an abuse of discretion to allow the Commonwealth to refer to the appellant as a “sexually violent predator” before the jury, the particular circumstances of the single use of the phrase in the opening statement and the overwhelming evidence of guilt renders the error harmless
0610221 Deshawn Michael Hayes v. Commonwealth of Virginia 03/07/2023
Judgment affirmed because argument that court erred by accepting appellant’s guilty plea is barred by Rule 5A:18; appellant has not shown how his case falls within the “very limited circumstances” necessary for application of the ends of justice exception
0623222 Michael Kevin McReynolds v. Commonwealth of Virginia 03/07/2023
Judgment affirmed where a timely filed transcript of the sentencing hearing, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0699222 Jerad Wyche-Alexander, a/k/a Jarad Wyche v. Commonwealth of Virginia 03/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding, possession of a firearm during the commission of a felony, maliciously shooting at an occupied vehicle, and discharging a firearm while in a vehicle
0015223 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 02/28/2023
Commission’s termination of an open award of benefits is affirmed where appellant’s argument is barred by Rule 5A:18
0071222 Michael A. McKinney, Jr. v. Danece J. McKinney 02/28/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, is indispensable to a determination of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0179223 Thomas Joe Braxton, III v. Commonwealth of Virginia 02/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of attempted capital murder and possession of heroin with intent to distribute where his principal argument is that the court drew the wrong inferences from the largely undisputed facts
0243224 Dana Mark Camann, Jr. v. Commonwealth of Virginia 02/28/2023
Judgment affirmed in part as to the denial of appellant’s motion to suppress the narcotics seized, as deputy’s instruction that appellant move his foot, exposing foil, was part of an investigative detention supported by reasonable suspicion; judgment reversed in part as to conviction for possession of etizolam because there was no evidence that appellant knowingly possessed it
0344222 Willie J. Cannon, Jr. v. Chesterfield-Colonial Heights Department of Social Services 02/28/2023
The trial court did not err in denying appellant’s motion for a continuance and terminating his parental rights pursuant to Code § 16.1-283(C)(2)
0361223 Virginia University of Lynchburg, Inc. v. Robert Flood 02/28/2023
Judgment reversed where trial court erred in denying appellant’s motion to strike, as appellee failed to introduce any evidence regarding the reasonable value of his services to support a claim for quantum meruit
0455221 Michael Tink Lane v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion when it found appellant violated probation, revoked the previously suspended sentence and resuspended all but two years, refused to run the sentence concurrent with the newly imposed sentence, and imposed an indeterminate period of supervised probation, Code § 19.2-303
0515221 Kenneth Ka'Von Grant v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in sentencing appellant to a term higher than the range recommended by the sentencing guidelines after considering all the evidence, including mitigating factors, and explaining its departure from the guidelines
0549222 Juan Javier Wenzlaff v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in denying appellant’s motion to modify his sentence pursuant to Code § 19.2-303 without a hearing as a hearing is not required and the motion was based on arguments and evidence the court had considered before or that did not mitigate his crimes
0732223 Colt Steven Poe v. Olivia Rae Poe 02/28/2023
Judgment affirmed where a timely filed transcript, or written statement of facts in lieu of a transcript, from the March 7, 2022 hearing is indispensable to a determination of appellant’s assignments of error, Rule 5A:8(b)(4)(ii)
0777222 James Carlton Vaughan, Jr. v. Commonwealth of Virginia 02/28/2023
Trial court did not err in finding sufficient evidence to convict appellant of two counts of distribution of a controlled substance, third or subsequent offense; no abuse of discretion when the court ruled appellant did not qualify for the safety valve provision in Code § 18.2-248(C) when it sentenced him
1095222 Juan Javier Wenzlaff v. Commonwealth of Virginia 02/28/2023
Trial court did not abuse its discretion in denying appellant’s motion to modify his sentence pursuant to Code § 19.2-303 without a hearing as a hearing is not required and the motion was based on arguments and evidence the court had considered before or that did not mitigate his crimes
1165222 Jamara Claiborne v. Commonwealth of Virginia 02/28/2023
Trial court did not err in denying appellant credit for time served while on home-electronic monitoring awaiting trial, Code § 53.1-187
1305212 Armand Gerivis Rodriguez, Jr. v. Commonwealth of Virginia 02/28/2023
Trial court did not err in denying appellant’s motions to suppress evidence as the officers had probable cause to detain and arrest him for possession with intent to distribute cocaine
0088224 Alhaj Babah Thullah v. Commonwealth of Virginia 02/21/2023
Trial court did not err in denying appellant’s motion to strike the evidence as the victim’s testimony was not inherently incredible; evidence was sufficient to prove appellant engaged in sex with victim by use of actual force or constructive force
0219222 James Milton Tyler, Jr. v. Commonwealth of Virginia 02/21/2023
Trial court did not err by allowing the Commonwealth’s expert to testify about matters not disclosed in advance pursuant to Rule 3A:11(b)(4)(A) where the testimony was admissible under Rule 3A:11(b)(4)(B) and appellant failed to demonstrate prejudice; evidence was sufficient to convict appellant of possession of heroin with intent to distribute
0281221 Adrian Elijah Pierce v. Commonwealth of Virginia 02/21/2023
Trial court did not err in finding the testimony from an eyewitness and appellant’s cellmate was not inherently incredible and sufficed to establish appellant was the perpetrator
0291211 Alexander Faucett, s/k/a Alexander Lee Faucett v. Commonwealth of Virginia 02/21/2023
Trial court did not err in finding sufficient evidence to convict appellant of rape, forcible sodomy, and indecent liberties with a child
0348221 William Everett Warren v. Commonwealth of Virginia 02/21/2023
Trial court did not abuse its discretion when it found text messages had been sufficiently authenticated to render them admissible for consideration as a party admission; evidence was sufficient to convict appellant of attempted murder, use of a firearm, maliciously shooting into an occupied dwelling, destruction of property, reckless handling and possession of a firearm
0408221 Kenneth A. Brown, s/k/a Kenneth A. Brown, Sr. v. Commonwealth of Virginia 02/21/2023
Judgment affirmed where appellant’s arguments that the evidence was insufficient to convict him of domestic assault and battery and violation of a protective order are barred by Rule 5A:18; the ends of justice exception does not apply as to either conviction
0435223 Michael Shane Wilson v. Commonwealth of Virginia 02/21/2023
Trial court did not err in convicting appellant of eluding under Code § 46.2-817(B) in Pittsylvania County when he had previously been convicted in Henry County for violating the same statute because appellant committed separate and distinct acts of evading and eluding police in Henry and Pittsylvania Counties and his double jeopardy rights were not violated
0470222 Reva Nicole English v. Commonwealth of Virginia 02/21/2023
Judgment affirmed because, assuming without deciding that appellant was arrested and not merely detained, the arrest was not unlawful as it was supported by probable cause and appellant did not have the right to resist a lawful arrest
0534223 Jeremy Wayne Luck v. Commonwealth of Virginia 02/21/2023
Trial court did not err in revoking the remaining seven years of appellant’s suspended sentence after he incurred new criminal convictions during the suspension period and after the judge considered his mitigating evidence
0648224 Dominic Tran, et al. v. Vanessa Ines Moriarty 02/21/2023
Judgment reversed as the emergency orders entered by the Supreme Court of Virginia in response to the COVID-19 pandemic tolled all statutes of limitations, not just those that would have expired during the tolling period; trial court erred in dismissing the personal injury claims filed by appellants and the case is remanded for further proceedings
0706211 Matthew Charles Bass v. Commonwealth of Virginia 02/21/2023
Trial court did not err by denying appellant’s motions to strike and set aside the verdict because he acted in self-defense or in the heat of passion; no abuse of discretion where court excluded evidence of victim’s 1990 conviction for malicious wounding as too remote
0961221 Richard Kevin Riddick v. Commonwealth of Virginia 02/21/2023
Trial court did not abuse its discretion in revoking appellant’s suspended sentence pursuant to appellant’s violations of the terms of his probation
1325214 Quadell A. Grimes v. Commonwealth of Virginia 02/21/2023
Judgment affirmed as excluded testimony was cumulative and irrelevant; argument that appellant was deprived of the presumption of innocence when the full jury saw him in the custody of the sheriff before deliberations barred by Rule 5A:18; argument about insufficient evidence of malice barred by Rule 5A:20
0138222 Hassan S. William, s/k/a Hasaan S. Williams v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as trial court correctly concluded the good faith exception applied to the search warrant when it denied appellant’s motion to suppress; argument that magistrate was not neutral or detached barred by Rule 5A:18; evidence was sufficient to support appellant’s conviction for possession of a firearm under Code § 18.2-308.2(A)
0150221 David Wayne Dorset v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as appellant’s argument that his sentence is cruel and unusual because it is “totally disproportionate to the crime of which he had been convicted” and is “substantially longer than the sentences for the underlying crime” is barred by Rule 5A:18; the ends of justice exception does not excuse the failure to preserve the argument
0236222 Cody Alexander Lowe v. Commonwealth of Virginia 02/14/2023
Judgment affirmed where trial court dismissed appellant’s de novo appeal as waived, Code § 18.2-57.3(F); argument that trial court denied his constitutional right to due process when it dismissed his appeal barred by Rule 5A:18
0304224 Michael James Hetle v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as there was no abuse of discretion denying appellant’s motion to dismiss a juror for cause; no error in admitting a jail call between appellant and his wife; any error in refusing to allow appellant to testify as to his statement to a neighbor and his reprimand while a police officer was harmless; no error in admitting testimony of racial slurs referencing victim
0338223 Chavis Williams, s/k/a Chavis R. Williams v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as a timely-filed transcript of the revocation hearing, or a written statement of facts in lieu of a transcript, is indispensable to resolve the issues appellant has raised, Rule 5A:8(b)(4)(ii)
0355221 Taj Shaquille Johnson v. Commonwealth of Virginia 02/14/2023
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence and resuspending all but one year after he incurred new misdemeanor convictions and then was charged with a new offense while out on bond pending his probation violation hearing
0356223 Genaro Guzmen Vazquez v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as trial court’s denial of a motion to suppress the contents of a package containing a GPS device was permitted where the evidence was admissible under the inevitable discovery doctrine; evidence was sufficient to convict appellant of the charges; no error in admitting a video that was properly authenticated, relevant, and not unduly prejudicial
0381221 Darryl Jenkins v. C & T Durham Trucking Co., Inc. and Accident Funds Ins Co. of America 02/14/2023
No error in Commission’s finding that appellant failed to carry his burden of proving that his claimed injuries were causally related to his work accident
0406221 James Michael Greason v. Commonwealth of Virginia 02/14/2023
Trial court did not err in finding the evidence was sufficient to convict appellant of rape and incest
0422222 Brian Richardson v. Commonwealth of Virginia 02/14/2023
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentences and reimposing three years of active incarceration based on his new criminal offenses and failure to report to probation
0460221 James Derrick Ferrell v. Commonwealth of Virginia 02/14/2023
Trial court did not err in accepting appellant’s guilty pleas as the record contains an affirmative showing that he entered the pleas knowingly, voluntarily, and intelligently; no abuse of discretion for the trial court to order that the various sentences be served consecutively
0720222 Kalvin Donnell Coward, a/k/a Kelvin Donnell Coward v. Commonwealth of Virginia 02/14/2023
Trial court did not err in denying appellant’s independent action under Code § 8.01-428(D) to vacate his 1994 felony convictions for lack of jurisdiction where he failed to prove the judgment was void due to extrinsic fraud upon the court
0798223 David Lee Blair, III v. Commonwealth of Virginia 02/14/2023
The trial court did not abuse its discretion in imposing a sentence within the applicable statutory range after appellant violated his probation
0989212 James David Fries v. Commonwealth of Virginia 02/14/2023
Judgment affirmed as there was sufficient evidence of malice to convict appellant of malicious wounding; appellant did not demonstrate that his constitutional speedy trial rights were violated; argument about trial court’s refusal to define “disable” barred by Rule 5A:18
1085222 Jamell D. Davis v. Commonwealth of Virginia 02/14/2023
Judgment vacated and appellant’s motion to modify or reduce his sentence is dismissed as the trial court lacked subject-matter jurisdiction to grant the relief sought, Code § 19.2-303
1164222 Susan Mueller and David Barodofsky v. HSBC Bank USA, et al. 02/14/2023
Judgment affirmed on the separate and independent basis of trial court’s ruling that declaratory judgment was not an available remedy for the relief sought by appellants and it is unnecessary for this Court to examine the statute of limitations argument
1165214 Suzanne Marie Schillmoeller v. Andrew Ryan Younkle 02/14/2023
Judgment affirmed in part as the separation agreement is unambiguous on its face; court also did not err in denying husband’s request for attorney fees; judgment reversed in part and case remanded as the court did err by classifying husband’s military retirement pay as spousal support
1443221 Commonwealth of Virginia v. Ambritt Lavette Spencer 02/14/2023
Judgment affirmed where, under the totality of the circumstances, officers did not have probable cause to search appellant’s car
0017222 Mohannad Abandeh v. Commonwealth of Virginia 02/07/2023
Judgment affirmed where the evidence was sufficient to convict appellant of the charges against him; argument that court erred by denying appellant’s motion to reconsider and vacate his convictions is barred by Rule 5A:20
0060223 Richard Howard Cox v. Carroll County Department of Social Services 02/07/2023
Trial court did not err in entering a child protective order against appellant and finding that the child was abused or neglected, Code § 16.1-228(1), (5)
0062223 Christopher O. Hill v. Shanita Hill 02/07/2023
Trial court did not err in denying appellant’s motion to remove the guardian ad litem and considering the guardian ad litem’s testimony and report
0067223 Sonya Jane Cox v. Carroll County Department of Social Services 02/07/2023
Trial court did not err in entering a child protective order against appellant and finding that the child was abused or neglected, Code § 16.1-228(1), (5)
0118221 Wayne Henderson v. Commonwealth of Virginia 02/07/2023
Judgment affirmed where appellant’s argument that evidence was insufficient to convict him is barred by Rule 5A:18; witness’ testimony was not inherently incredible and thus the evidence was sufficient to support appellant’s conviction under Code § 18.2-67.3; appellant’s argument that he received ineffective assistance of counsel is not cognizable on direct appeal
0121221 Emergency Physicians of Tidewater, PLC and Allison L. Raines, D.O., v. Patricia Hanger 02/07/2023
Judgment affirmed where court denied motion to strike; no abuse of discretion in denial of motion for continuance and refusal of defense jury instruction D; no error in refusing corrective action as to rebuttal closing argument or permitting plaintiff to attend trial; argument that court erred in excluding certain medical records barred; any error as to the audit trail is harmless
0202224 Nigel Emanuel McCauley v. Commonwealth of Virginia 02/07/2023
Judgment affirmed as a timely-filed transcript of the final day of the trial, or a written statement of facts in lieu of a transcript, is indispensable to resolve appellant’s arguments concerning the sufficiency of the evidence and the jury instructions, Rule 5A:8(b)(4)(ii); no abuse of discretion in court’s exclusion of appellant’s proposed evidence regarding the victim
0214221 Reneve Pleasants v. Commonwealth of Virginia 02/07/2023
Trial court did not err in finding sufficient evidence to convict appellant of misdemeanor destruction of property, Code § 18.2-137.1
0262222 Christopher Brennan v. Virginia State Police 02/07/2023
Trial court did not err in dismissing appellant’s appeal from the hearing officer’s decision to uphold appellant’s termination by the Virginia State Police, as the decision was not contradictory to law
0303223 Anthony Laron Fitzgerald v. Commonwealth of Virgina 02/07/2023
Trial court did not err in finding appellant guilty of malicious wounding when the totality of the evidence demonstrated he acted with the requisite malice and intent, Code § 18.2-51
0316223 Christopher O. Hill v. Shanita Hill 02/07/2023
Trial court did not err in awarding sole legal and physical custody of the children to mother and supervised visitation to appellant after considering all the statutory factors and the evidence, Code § 20-124.3
0358223 Scott Brian Dunn v. Cityscape, LLC and Flagship City Insurance Co. 02/07/2023
No error in Commission’s finding that appellant was an independent contractor
1192223 Corbyn Nicole Miller v. Commonwealth of Virginia 02/07/2023
Trial court erred in finding appellant’s conduct violated a special condition of her probation on both a robbery and weapons charge and imposing a term of active incarceration on the robbery probation revocation, Code § 19.2-306.1; no error in finding appellant violated the terms of her probation; remanded for resentencing and entry of a new revocation order
1341223 Commonwealth of Virginia v. Christopher Neil Dotson 02/07/2023
Judgment reversed and case remanded where totality of the circumstances demonstrated deputy had probable cause to believe appellant was in possession of illegal narcotics; appellant’s failure to include the trial court case number on the original notice of appeal did not deprive this Court of jurisdiction where the certificate provided necessary clarification
0180221 Brian Gene Smith v. Commonwealth of Virginia 01/31/2023
Judgment affirmed where evidence was sufficient to convict appellant of all charges against him; argument that the evidence was insufficient as a matter of law to prove he committed forcible sodomy barred by Rule 5A:18; no abuse of discretion in court’s refusal to strike two prospective jurors for cause
0194221 Joseph Ryan Alvey v. Commonwealth of Virginia 01/31/2023
Trial court did not abuse its discretion in imposing an active sentence of two years and six months on a probation violation after considering the discretionary sentencing guidelines and evidence presented
0318224 Francisco Javier Saravia v. Commonwealth of Virginia 01/31/2023
Trial court did not err in finding appellant exercised the requisite care and control over the victim to establish a supervisory relationship and sufficient evidence to convict him of custodial indecent liberties, Code § 18.2-370.1
0351223 Raymond Travis Swinson, Sr. v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as Code § 46.2-1003(C) does not apply retroactively; evidence was sufficient for jury to convict appellant of possession with intent to distribute methamphetamine; any error by trial court in rejecting appellant’s proposed jury instruction (Virginia Model Criminal Jury Instruction 22.350) in its entirety is harmless error
0637222 Gabriel Urijah Davis v. Commonwealth of Virginia 01/31/2023
Judgment affirmed where appellant failed to preserve the issue of sufficiency of the evidence by renewing his motion to strike or by moving to set aside the verdict; Rule 5A:18
0687222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant’s motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant’s written statement of facts as it failed to comply with Rule 5A:8(c)
0705222 Khalil Abdel Salahuddin v. Commonwealth of Virginia 01/31/2023
Trial court did not err in issuing an order of forfeiture where appellant was personally served with notice of the seizure; no abuse of discretion in denying appellant’s motion to set aside the default judgment entered in the case
0708222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant’s motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant’s written statement of facts as it failed to comply with Rule 5A:8(c)
0710222 April D. Gallop v. Cameron Bay Homeowners Association 01/31/2023
Trial court did not err in entering final orders granting judgment against appellant; no error in denying appellant’s motions and pleadings filed more than twenty-one days after the final orders due to lack of jurisdiction, Rule 1:1(a); no error in refusing to sign appellant’s written statement of facts as it failed to comply with Rule 5A:8(c)
0813221 Lawrence E. Mattison v. The Secretary of Veterans 01/31/2023
Judgment affirmed where appellant’s first assignment of error is barred by Rule 5A:20; the remaining assignments of error are waived as a timely-filed transcript of the April 29, 2022 hearing, or a written statement of facts in lieu of a transcript, is indispensable to resolving those matters, Rule 5A:8(b)(4)(ii)
0872223 Ricky Lee Motley v. Commonwealth of Virginia 01/31/2023
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentences and imposing two years and ten months of active incarceration after he violated several of the terms of his suspension
0873223 Sadiq Aqueel Adams v. Commonwealth of Virginia 01/31/2023
Trial court did not err in granting jury instruction six, as it contained an accurate statement of the law
0983223 William Douglas Linkenhoker, Jr. v. Commonwealth of Virginia 01/31/2023
Trial court did not err in its sentencing of appellant for possession of methamphetamine with intent to distribute, possession of a firearm while in possession of methamphetamine, and possession of a firearm by a nonviolent felon after entry of his guilty pleas; no error in the sentencing of appellant on his probation violation
0995223 Darren Antonio Bennett v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as appellant’s argument that the Commonwealth failed to prove a breaking occurred, pursuant to Code § 18.2-91, is barred by Rule 5A:18
1276211 Eric Lee Dunford-Landers v. Commonwealth of Virginia 01/31/2023
Trial court did not err in finding sufficient evidence to convict appellant of taking indecent liberties with a child under the age of 15, Code § 18.2-370(A)(1)
1323224 Commonwealth of Virginia v. Irina S. Barrett 01/31/2023
Judgment reversed as trial court erred in granting a motion to suppress where the criminal complaint and affidavit provided time and location, a nexus between the dead dog and defendant, and non-conclusory information supporting probable cause, sufficient for the magistrate to issue the warrant
1334211 Markese J. Pryor v. Commonwealth of Virginia 01/31/2023
Judgment affirmed as there was sufficient evidence to convict appellant of rape and abduction; no abuse of discretion as to the sentence imposed; argument that the abduction charge was subsumed within the rape charge is barred by Rule 5A:18
1365212 Levelle D. Terry v. Commonwealth of Virginia 01/31/2023
Trial court did not err in denying appellant’s motion to suppress as he was properly detained as part of a lawful traffic stop and he voluntarily provided the officer with identification
0083223 Corey Matthew May v. Commonwealth of Virginia 01/24/2023
Judgment reversed where trial court abused its discretion in denying appellant’s motion for deferred disposition under Code § 18.2-57.3 based on its belief that deferred dispositions should not be available for assault and battery crimes; case remanded to consider whether appellant is an appropriate candidate for a deferred disposition
0095224 Leon Strom v. Transdev Services, Inc. and Old Republic Ins. Co. 01/24/2023
No error in Commission’s finding that appellant failed to prove a compensable injury by accident
0117221 Charles S. Friedman, et al. v. Mona Friedman Smith, et al. 01/24/2023
Trial court did not err in holding appellant in contempt after he violated the explicit terms of the trial court’s order
0280223 Shawntay Lakeith Swann v. Commonwealth of Virginia 01/24/2023
Trial court did not err in denying the motion to suppress where there was reasonable suspicion to justify the traffic stop; there was sufficient evidence that appellant was aware of the nature and character of cocaine found in dollar bills collected from his pants pocket and thus he knowingly and intentionally possessed the substance
0334224 Christopher J. Martin v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where appellant failed to establish that the exception to Rule 1:1(a) found in Code § 8.01-428(D) should apply to his motion to vacate his convictions; argument that trial court lacked jurisdiction over the case waived by operation of Rule 1:1(a)
0415223 Zane Chandler Christian v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in sentencing appellant in excess of the sentencing guidelines, after accepting his no contest pleas to various felonies, as the court considered all the relevant mitigating and aggravating factors
0442222 Karl Christopher Mitchell v. Commonwealth of Virginia 01/24/2023
Trial court did not err in finding sufficient evidence to convict appellant of grand larceny of a motor vehicle
0495221 Nancy Friedman v. Estate of Gerald Friedman 01/24/2023
Trial court abused its discretion in holding appellant in contempt as she violated no express command given her by the trial court
0585222 David Brian Loeper, II v. Commonwealth of Virginia 01/24/2023
Trial court did not err in denying appellant’s motion to suppress evidence found in a vehicle when the search was based on the smell of marijuana “wafting” from the open sunroof and the search was conducted almost a year before Code § 18.2-250.1(F) went into effect
0587224 Cory Deon Coates v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in imposing a total sentence of eighty years’ incarceration with fifty years suspended for appellant’s convictions of four counts of aggravated sexual battery
0617221 Brandon Michael Expectacion v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where timely-filed transcripts, or a written statement of facts in lieu of a transcript, are indispensable to a determination of the assignment of error, Rule 5A:8(b)(4)(ii)
0734223 Robert Lamont Chu, Jr. v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in sentencing appellant to the balance of his previously suspended sentences after he violated the terms of his supervised probation for a fourth time
0787223 Kevin O'Neal Allen v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in imposing an active term of incarceration of forty-five years where the record proves the court considered the guidelines and the circumstances of the offenses, as well as appellant’s history, conduct, and the need to protect the public, and explained in writing why it deviated from the guidelines, Code § 19.2-298.01(B)
0936223 Rodney Howard Broughman v. Commonwealth of Virginia 01/24/2023
Trial court did not abuse its discretion in revoking appellant’s entire suspended sentence and resuspending three years after he was convicted of numerous offenses during his probation period
0955222 Deon Carter v. Commonwealth of Virginia 01/24/2023
Trial court did not err in finding appellant failed to establish that the court’s acceptance of his guilty pleas to the crimes in which he was involved resulted from extrinsic fraud perpetrated upon the court, Code § 8.01-428(D); appellant’s motion to vacate his convictions was an impermissible collateral attack upon the court’s judgment
0984222 Tramil Jackson v. Commonwealth of Virginia 01/24/2023
Judgment affirmed as appellant did not file a written statement of facts supplementing a missing portion of the transcript of the motion to suppress hearing, and such filing is indispensable to resolving the appeal, Rule 5A:8(b)(4)(ii)
1384211 Robert Maurice Bates v. Commonwealth of Virginia 01/24/2023
Judgment affirmed where a timely-filed transcript of the November 5, 2021 proceeding, or a written statement of facts in lieu of a transcript, is indispensable to resolving the appeal, Rule 5A:8(b)(4)(ii)
0007223 Latisa Danielle Hubbard v. Lynchburg Department of Social Services 01/17/2023
Termination of appellant’s parental rights affirmed where appellant’s waiver of her right to challenge the court’s decision under Code § 16.1-241(E)(i) moots her challenge to the termination under Code § 16.1-241(C)(2)
0014221 Tyrion James Brown v. Commonwealth of Virginia 01/17/2023
Trial court did not err in convicting appellant of violating Code § 46.2-865.1 where there was sufficient evidence to find appellant participated in a race, acted with reckless disregard for human life, and his actions were a proximate cause of a collision
0114221 Brandon Aaron Burr v. Kathryn Kyrscio Burr 01/17/2023
Judgment affirmed as no transcript or written statement of facts of the August 16, 2021 hearing was timely filed and such is indispensable to addressing appellant’s argument that the court erred in requiring him to pay all of the GAL fees; appellant’s arguments that trial court erred in appointing a particular GAL and in calculating the GAL fees are barred by Rule 5A:18
0160223 Paul Travis Edwards v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that the Commonwealth presented sufficient evidence to establish the corpus delicti of ten sexual battery offenses and corroborate appellant’s confession; evidence was sufficient to support the convictions of misdemeanor sexual battery
0199211 Sundari Karma Prasad v. Commonwealth of Virginia 01/17/2023
Judgment affirmed where the sentence imposed was not due to an abuse of discretion; appellant’s argument that the court’s consideration of documents she faxed to it violated her due process rights barred by Rules 5A:18 and 5A:20(c)
0204223 Slurry Pavers, Inc. v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that appellant violated Code § 46.2-1126 as its paver is a vehicle as defined by Code § 46.2-100
0265223 Eric Lee Tomlin v. Commonwealth of Virginia 01/17/2023
Trial court did not err in accepting the witness’ version of events, rejecting appellant’s affirmative defense, and finding appellant guilty of using a firearm in the commission of a felony and wearing body armor while committing a crime; as no error was found in assignments of error I-III, it is not necessary to reach assignment of error IV
0323223 Austin Guy Cox v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding that the victim’s testimony and DNA results provided sufficient evidence to support appellant’s convictions for object sexual penetration, Code § 18.2-67.2, and rape, Code § 18.2-61
0354222 Carson Mitchell Jones, s/k/a Carson M. Jones Jr. v. Commonwealth of Virginia 01/17/2023
Trial court did not err when it convicted appellant of assault after general district court acquitted him of brandishing a machete; doctrine of issue preclusion did not prevent Commonwealth from introducing evidence that appellant intentionally wielded a knife and created reasonable fear in the minds of the victims because that specific fact was not the basis of the acquittal
0379224 Brian D. Bailey v. Amy K. Sarina 01/17/2023
Trial court did not abuse its discretion in finding the October 2010 child support order was effective from June 6, 2014 through May 5, 2021 and appellant was obligated to provide child support for those dates; no error in trial court’s stated amount of arrearages inclusive of interest; no error in trial court’s denial of sanctions against appellee and her counsel
0569224 James B. Haybyrne v. Marilou Yuson Dumapias 01/17/2023
Judgment affirmed where no timely-filed transcript of the contempt hearing or written statement of facts in lieu of a transcript was filed and a transcript or statement of facts is indispensable to addressing appellant’s argument regarding service of the Rule to Show Cause, Rule 5A:8(b)(4)(ii)
0574224 Justin Michael Payne v. Commonwealth of Virginia 01/17/2023
Judgment affirmed as failure to follow the sentencing guidelines “shall not be reviewable on appeal . . . ,” Code § 19.2-298.01(F); recommended sentencing ranges in the discretionary guidelines are not binding, but are tools to be used in fixing the appropriate sentence within the statutory limitations; argument that sentence violated plea agreement barred by Rule 5A:18
1290212 Michael D'Angelo Lambert, Sr. v. Commonwealth of Virginia 01/17/2023
Trial court did not err in finding sufficient evidence to convict appellant of possession of a firearm by a convicted felon, notwithstanding his defense that his possession was justified and necessary, and unlawfully shooting into an occupied building, Code § 18.2-279; no error in trial court’s denial of appellant’s motion to set aside the verdicts
0003222 Ashley Michelle Unger v. Commonwealth of Virginia 01/10/2023
Trial court had jurisdiction over appellant’s case but erred in finding appellant’s conduct, viewed in the totality, amounted to acts or omissions willfully contributing to the delinquency of a minor under Code § 18.2-371
0040221 Robert Wayne Compton, Jr., s/k/a Michael Compton v. Commonwealth of Virginia 01/10/2023
Trial court did not err in convicting and sentencing appellant under the now-repealed Code § 18.2-104, nor did the court render inconsistent verdicts; evidence was sufficient to convict appellant of petit larceny, third offense
0042224 Nils Kinuani v. George Mason University 01/10/2023
Trial court did not err in finding denial of appellant’s request for in-state tuition was not arbitrary or capricious under SCHEV guidelines; no error where court disregarded appellant’s claim based on a pending asylum application; appellant’s permanent residency application filed after the request for in-state tuition had been denied does not render decision arbitrary or capricious
0191223 Lindsey Kay Thomas v. Commonwealth of Virginia 01/10/2023
Trial court did not err in denying appellant’s motion to dismiss the charge of possession of a schedule I or II controlled substance because the version of Code § 18.2-251.03 in effect at the time of the offense and the indictment against her had not yet been amended to encompass her circumstances and the amendment did not apply retroactively
0389224 Joseph Cerroni v. Jacqueline Nadine Douglas, Guardian of the estate of S.D. 01/10/2023
Trial court judgment reversed as void ab initio where the court lacked subject matter jurisdiction, due to the absence of any constitutional or statutory authority to consider appellant’s attorney fee application; application based on erroneous belief that court was required to pre-authorize payment of attorney fee if distributed from minor’s estate and determine if fee was reasonable
0783222 Debra Wolcott v. Henretty Construction Group, LLC 01/10/2023
Judgment affirmed where appellant’s failure to timely file the transcripts or a valid written statement of facts precludes consideration of her assignments of error
0938213 Brandon Douglas Galloway v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where appellant’s arguments regarding trial court’s consideration of hearsay testimony at the sentencing hearing and the circuit court’s practice of substituting judges are barred by Rule 5A:18; good cause exception is not applicable in this case and the record demonstrates no miscarriage of justice occurred
0972224 Nathan Davis, s/k/a Nathan Antonio Davis v. Commonwealth of Virginia 01/10/2023
Trial court did not err in dismissing appellant’s independent action to set aside judgment by default, pursuant to Code § 8.01-428, for failure to state a claim
1140214 Keith Edward Lucas, Jr. v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where trial court’s stated reason for departing from the sentencing guidelines recited appellant’s technical probation violations rather than his failure to pay court costs was harmless error; argument as to appellant’s ability to pay court costs barred by Rule 5A:18
1273213 Trajan Jerome Lanier v. Commonwealth of Virginia 01/10/2023
Judgment affirmed after imposition of active prison sentence of eight years when appellant pled guilty under a written plea agreement to possession of a firearm while in possession of fentanyl and possession with intent to distribute fentanyl; no abuse of discretion in denying motion to reconsider sentence due to new evidence; Rule 5A:18 bars argument as to mitigation evidence.
1275213 James Andrew Nutter, s/k/a James Andrew Nutter, Jr. v. Commonwealth of Virginia 01/10/2023
Judgment affirmed where the evidence was sufficient to convict appellant of rape and sodomy; no abuse of discretion in admitting a police officer’s testimony about the victim’s report of the attack, Code § 19.2-268.2; no abuse of discretion as to the sentence imposed; remaining assignments of error barred by Rule 5A:20
1299213 Peter Jaeger Dillon, s/k/a Peter Jaegar Dillon v. Commonwealth of Virginia 01/10/2023
Trial court did not abuse its discretion in rejecting certain jury instructions proffered by defendant; the denial of appellant’s motion to strike was not plainly wrong or without evidence to support it because a reasonable fact finder could conclude that appellant possessed cocaine
0032221 Ray Lindsay Everette v. Commonwealth of Virginia 12/29/2022
Trial court did not err in convicting appellant under Code § 46.2-357, which was repealed before appellant’s trial, as there was no indication the repeal of the statute was to be applied retroactively; evidence was sufficient to prove appellant was the driver of the vehicle
0048221 Dimitry Shvets v. Michele N. Shvets 12/29/2022
Judgment of trial court affirmed where appellant failed to file a transcript or written statement of facts in lieu of transcript of the November 23, 2021 hearing
0066223 Jerel Blake Smals v. Commonwealth of Virginia 12/29/2022
No error in trial court’s finding that evidence was sufficient to prove a breaking occurred and that the witnesses were not inherently incredible
0085221 Laderrian Devonnae Copeland v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fixing the amount of restitution because a preponderance of the evidence supported the trial court’s finding
0211223 Michael Brian Motley v. Commonwealth of Virginia 12/29/2022
No error in jury’s determination that victim’s testimony was neither inherently incredible nor unbelievable as a matter of law and was sufficient to support appellant’s convictions
0308222 Breshon Avonte Evins v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant
0320222 Christopher Elliott Howard, s/k/a Christopher Elloit Howard v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of multiple counts of forging and/or uttering in violation of Code § 18.2-172; counsel’s Anders motion to withdraw is granted
0321222 David Reginald Jones v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of assault and battery, Code § 18.2-57, violation of a protective order, Code § 16.1-253.2, trespassing, Code § 18.2-119, and abduction, Code § 18.2-47
0336224 Ajae' D. Jackson v. Commonwealth of Virginia 12/29/2022
Evidence was sufficient to support jury’s verdict that appellant intended to assault the officer
0372221 Hayley Callaghan v. City of Virginia Beach Department of Human Services 12/29/2022
Trial court did not err in terminating appellant’s parental rights to her child or in approving the foster care goal of adoption
0402221 Shawn Jaquaye Featherston v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fashioning appellant’s sentences upon his guilty pleas
0512224 Derrick Alexander Marks v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in fashioning appellant’s sentences
0535224 William J. Major, III v. Antoinette E. Dack 12/29/2022
Judgment of trial court’s awarding attorney fees to appellee affirmed where appellant failed to timely file a transcript or statement of facts from the hearing on the attorney fee issue
0558221 Samuel Adil Aguilar Rodriguez v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant to a term of incarceration both within the sentencing guidelines and the statutory range for malicious wounding
0596223 Kelly Huff, s/k/a Kelly Lynn Huff v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of unlawfully removing property without the intent to steal, Code § 18.2-137; counsel’s Anders motion to withdraw is granted
0663223 Russell Clinton Huntley v. Commonwealth of Virginia 12/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of attempting to possess with the intent to distribute a Schedule I/II controlled substance, Code § 18.2-248; appellant’s arguments related to various trial issues are barred by Rule 5A:18; counsel’s Anders motion to withdraw is granted
0691224 Emily Michelle Race v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in denying appellant’s motion for reconsideration of her sentence
0715221 Shana Christine Winborne v. Commonwealth of Virginia 12/29/2022
Trial court did not abuse its discretion in sentencing appellant to an active sentence of seventeen years, as permitted under appellant’s plea agreement, for appellant’s conviction of second-degree murder, Code § 18.2-32; appellant’s claim that appellant’s double jeopardy rights were violated are found to be without merit; counsel’s Anders motion to withdraw is granted
1054222 Commonwealth of Virginia v. Richard Hendrick, s/k/a Richard Alvin Hendrick 12/29/2022
Trial court did not err in finding that officers lacked reasonable, articulable suspicion to justify a protective sweep of appellee’s vehicle when they first encountered him at a traffic stop and even if appellee’s statement regarding a gun charge provided that reasonable suspicion, the officers exceeded the permissible scope of a protective sweep
1270211 Patrick Austin Carolino v. Commonwealth of Virginia 12/29/2022
Trial court erred in admitting prior bad acts evidence in rebuttal solely to impeach the appellant’s credibility regarding issues raised by the Commonwealth on cross-examination
1291211 Terrell Markese Cramer v. Commonwealth of Virginia 12/29/2022
No error in trial court’s finding that evidence was sufficient to prove appellant had the requisite intent to assault and batter the officer
0013223 Sara JoAnne Martin v. Philip Martin and Donna Martin 12/20/2022
Trial court erred by not actually and clearly considering the statutory factors under Code § 20 124.3 in conducting its best interest of the children analysis and thus did not satisfy the basic requirements of the statute
0086221 Terry LaShawn Griffin v. Commonwealth of Virginia 12/20/2022
No error in trial court’s finding that appellant’s close proximity to the firearm and the circumstantial evidence that the items in the bag belonged to appellant provided sufficient evidence to support the conviction
0112223 Samuel Wayne Hale v. Commonwealth of Virginia 12/20/2022
Judgment of trial court affirmed where appellant was not prejudiced by the untimely amendments to the indictments as appellant understood at the time of his guilty pleas that he was subject to maximum punishments of life in prison for the convictions of attempted capital murder of a law enforcement officer
0203221 Jeffery Todd Hirschberg, s/k/a Jeffrey Todd Hirschberg v. Commonwealth of Virginia 12/20/2022
Appellant’s argument regarding sufficiency of the evidence waived pursuant to Rule 5A:18; trial court did not abuse its discretion in admitting the testimony of the deputy about a prior encounter with law enforcement and mitigated any unfair prejudice with an instruction limiting the jury’s consideration of the officer’s testimony
0364222 Shinita Quinnette Banks-Grant v. Christopher Terrell Grant, Sr. 12/20/2022
Appellant’s arguments waived on appeal for failure to comply with Rule 5A:20 and the record fails to develop or preserve her claims
0369221 Corey Antoine Anderson v. Commonwealth of Virginia 12/20/2022
Appellant’s arguments regarding whether his guilty pleas were knowingly, voluntarily, and intelligently made waived pursuant to Rule 5A:18; trial court did not abuse its discretion in sentencing appellant
0388224 Joshua Dean Drenth v. Elizabeth Anne Drenth 12/20/2022
Judgment affirmed where any error by the trial court’s application of the doctrine of recrimination was harmless as the evidence supported a no-fault ground of divorce; court properly compared evidence as to each parties’ degrees of fault and economic circumstances when awarding spousal support; argument as to wife’s attorney fees barred by Rule 5A:18
0475224 Lawrie Giannamore, f/k/a Lawrie G. Gullion v. William D. Gullion 12/20/2022
Trial court erred in finding the law of the case doctrine foreclosed further litigation on the voluntariness of appellee’s termination
0737212 Jerry Wayne Remines v. Commonwealth of Virginia 12/20/2022
Trial court did not err in convicting appellant of multiple counts of possession of child pornography where the evidence showed he intentionally sought out child pornography, as demonstrated by his browser bookmarks, app chat history, and group memberships, and he accessed cached pornographic files
0943211 John Blount, Jr., v. Commonwealth of Virginia 12/20/2022
Trial court did not err in convicting appellant of rape, carnal knowledge, and taking indecent liberties, as the Commonwealth’s evidence was competent, not inherently incredible, and sufficient to sustain the convictions; trial court did not abuse its discretion in denying appellant’s motion for a new trial
1048224 Commonwealth of Virginia v. Nicholas Giampa 12/20/2022
Trial court did not err in suppressing appellee’s statements where the Commonwealth failed to prove by a preponderance of the evidence that appellee knowingly and intelligently waived his Miranda rights during an interview at the hospital where he was being treated for a traumatic brain injury
1200212 Tedequez Taimark Jones v. Commonwealth of Virginia 12/20/2022
Trial court did not abuse its discretion in imposing an active term of incarceration upon revocation of appellant’ sentences for the third time
1223211 Bradley Jay Brown v. Commonwealth of Virginia 12/20/2022
Judgment affirmed in part where the evidence was sufficient to convict appellant of aggravated malicious wounding, use of a firearm, possession of ammunition by a convicted felon, larceny of a firearm, maliciously discharging a firearm, and possession of a firearm by a violent felon; judgment reversed as to the common law armed burglary conviction
1294211 Randy Lee Harris, s/k/a Randy Lee Harris, Jr., v. Commonwealth of Virginia 12/20/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the perpetrator of the burglary, grand larceny, and destruction of property offenses
1321212 Osmar Hernandez Santa Maria, a/k/a El Prince v. Commonwealth of Virginia 12/20/2022
Trial court did not err in finding sufficient evidence for jury to convict appellant of first-degree murder, two counts of use of a firearm in the commission of a felony, and three counts of attempted robbery
1641223 Robert Lee Jeffrey, Jr., v. Sherman Lea, Sr., et al. 12/20/2022
Judgment of trial court granting appellees’ demurrer reversed where appellant did not join necessary parties to his declaratory judgment action
0018221 Eliejah Khalid Hasan Williams v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of abduction
0020222 Michael Allen Fauntleroy v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence and imposing a one year and five month term of active incarceration
0030221 Daniel William Drier v. Commonwealth of Virginia 12/13/2022
Trial court did not err in denying appellant’s motion to suppress where facts reveal appellant was not subjected to an unreasonable search and seizure as officer had reasonable suspicion to conduct the pat down
0187213 Antonio Tquan Terry, s/k/a Antonio T-Quan Terry v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where there was no abuse of discretion when trial court concluded a juror did not intentionally lie during voir dire and found a correct response would not have provided a valid basis for challenge for cause; public confidence argument barred because it was not raised before the trial court
0232223 Edward L. Mahler v. Lawrence Perry and Associates, Inc. 12/13/2022
Judgment affirmed where appellant’s second, third, fifth, sixth, eleventh, and sixteenth assignments of error do not address a specific trial court ruling, finding, or failure to rule, Rule 5A:20(c)(2); appellant’s remaining assignments of error are waived because his brief contains insufficient legal analysis or authority, Rule 5A:20(e)
0275222 Craig Eugene Adams v. Commonwealth of Virginia 12/13/2022
Trial court did not err in denying appellant’s motion to suppress evidence after applying the doctrine of inevitable discovery; no error in finding sufficient evidence to convict appellant of falsely identifying himself to a law enforcement officer, Code § 19.2-82.1
0307221 Euphrates Earl Bean v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where a timely filed transcript or written statement of facts is indispensable to a determination of the assignments of error presented by appellant, Rule 5A:8
0377223 Lisa Michele Parker, a/k/a Lisa M. Parker v. Commonwealth of Virginia 12/13/2022
Evidence at trial was sufficient to support verdict of guilty of assault and battery of a law enforcement officer; trial court did not abuse its discretion in denying appellant’s motion for a continuance where appellant did not establish surprise or prejudice or in denying appellant’s proposed jury instructions
0387223 Angela Carol Summitt v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion when it sentenced appellant to twenty years in prison with twelve years suspended for her conviction of distribution of methamphetamine and directed the sentence run consecutively with another sentence
0528221 Edward L. Watson v. Commonwealth of Virginia 12/13/2022
Judgment affirmed as appellant failed to produce an adequate appellate record for review of trial court’s denial of appellant’s motion to vacate certain convictions
0978211 Bryan Carl Cage v. Commonwealth of Virginia 12/13/2022
Judgment affirmed where any error by the trial court in joining the child pornography and shooting offenses for a single trial was harmless given the overwhelming admissible evidence of appellant’s guilt for both sets of charges; trial court did not err in excluding evidence of the police dog attack on appellant after the initial shooting
1021211 David Keenan Brown v. Commonwealth of Virginia 12/13/2022
Judgment reversed as to appellant’s conviction for driving under the influence of drugs pursuant to Code § 18.2-266 because the drugs at issue do not give rise to a statutory presumption of causation; judgment affirmed as to his conviction for following too closely, Code § 46.2-816
1052213 Antoine Juwan Jefferson v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of felony child abuse or neglect, Code § 18.2-371.1, and felony murder, Code § 18.2-33
1144213 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 12/13/2022
Workers’ Compensation Commission’s opinion denying appellant’s request for a cost of living adjustment is affirmed because this Court is without jurisdiction to review a deputy commissioner’s findings; appellant’s remaining arguments are waived under Rule 5A:20(e)
1146213 Marty D. Foust v. Lawrence Brothers, Inc. and American Interstate Insurance Company 12/13/2022
Workers’ Compensation Commission’s opinion denying appellant’s request for certain medical and disability benefits is affirmed because appellant’s opening brief does not comply with Rule 5A:20
1242211 Roquan Rogers v. Commonwealth of Virginia 12/13/2022
Trial court did not abuse its discretion in denying appellant’s motion for a mistrial after a law enforcement officer testified about appellant’s pending charge for conspiracy to distribute cocaine in an unrelated case where substantial evidence supported the conviction and the agent’s isolated statement was not so prejudicial it could not be cured by a jury instruction
1244212 Ryan Taylor Potts v. Commonwealth of Virginia 12/13/2022
No error in trial court’s finding evidence was sufficient to prove appellant committed assault and battery on the victim; appellant’s argument regarding failure to appear conviction waived under Rule 5A:18
1349212 Raymond R. Kilburn v. Commonwealth of Virginia 12/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of forcible sodomy
0092223 Derik William Pruett v. Commonwealth of Virginia 12/06/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of methamphetamine
0233223 Clay Chastain v. Bedford Regional Water Authority 12/06/2022
Judgment affirmed where the record contains evidence sufficiently probative to establish that the reasonableness of Bedford Regional Water Authority’s connection fee policy is fairly debatable
0510212 Richmond Department of Social Services v. Jazlene Wells and Damien Roane 12/06/2022
Judgment reversed where appellant’s evidence established the elements of Code § 16.1-283(B) and mother and father’s parental rights are terminated
0554224 Ronald C. Devine v. Kevin Kiley and Lauren Kiley 12/06/2022
Trial court did not err in denying appellant’s motion to strike and refusing to set aside the jury’s verdict on the fraud-in-the-inducement claim; no abuse of discretion in trial court’s refusal to give appellant’s proposed Jury Instruction A
0583223 Derrick A. Edwards v. Glen Youngkin, Governor of Virginia, et al. 12/06/2022
Trial court did not err in concluding the allegations in support of appellant’s petition for a writ of quo warranto were legally insufficient to authorize the issuance of the writ
0624224 Steven Bernarde Odoms v. Fairfax County Department of Family Services 12/06/2022
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
0635213 Brianna Michelle Tipton v. Commonwealth of Virginia 12/06/2022
Trial court did not abuse its discretion in admitting photographs of the victim’s wounds, the statements identifying and authenticating the photographs, video footage, and photographs related to the condition of appellant’s house
0896212 Trequan Devonte James v. Commonwealth of Virginia 12/06/2022
Judgment affirmed where trial court’s refusal to exclude the firearm and photos on collateral estoppel grounds was not error; no abuse of discretion in admitting home security video footage; evidence sufficient to convict appellant of first-degree murder and use of a firearm; res judicata, double jeopardy, and foundation for video footage arguments are barred by Rule 5A:18
1186211 Sean James Horan v. Commonwealth of Virginia 12/06/2022
Judgment affirmed in part as to appellant’s convictions for assault and battery of a law enforcement officer, attempt to disarm a law enforcement officer, criminal trespass, and disorderly conduct; judgment reversed as to appellant’s conviction of attempting to prevent his arrest by fleeing from a law enforcement officer, Code § 18.2-460(E)
0404222 Lenny Dortch, s/k/a Lenny Riccardo Dortch v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in sentencing appellant to two life sentences for convictions of rape and abduction with intent to defile; counsel’s Anders motion to withdraw is granted
0428222 Roy Lawrence Latta, III v. Commonwealth of Virginia 11/29/2022
Trial court did not err in finding sufficient evidence to convict appellant of felony eluding, Code § 46.2-817; counsel’s Anders motion to withdraw is granted
0473222 David Matthew Vanwormer, s/k/a David Vanwormer v. Commonwealth of Virginia 11/29/2022
Judgment affirmed where appellant conceded he violated the terms of his supervised probation and the trial court did not abuse its discretion by imposing an active term of four years; argument that it was error to find appellant in violation based on hearsay evidence barred by Rule 5A:18; counsel’s Anders motion to withdraw is granted
0503223 Garrett Patrick Chapin v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in revoking appellant’s previous sentence of nineteen years suspended and resuspending fifteen years; counsel’s Anders motion to withdraw is granted
0825211 Jeremiah Jay Jones, Jr. v. Commonwealth of Virginia 11/29/2022
The trial court did not err when it found sufficient evidence to convict appellant of attempted possession of a firearm while subject to a protective order, Code § 18.2-308.1:4(B), and two counts of making false statements on a firearm consent form, Code § 18.2-308.2:2(A)
1310212 Michael Alan Humphries v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion by imposing the maximum active sentence permitted under appellant’s plea agreement; counsel’s Anders motion to withdraw is granted
1348213 Yolanda Velez v. Commonwealth of Virginia 11/29/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and in imposing a sentence of one year and nine months of incarceration
1386213 William Swango Williams, II v. Lynchburg Department of Social Services 11/29/2022
Trial court did not err in terminating appellant’s parental rights under Code § 16.1-283(C)(2)
0076221 Samuel David Yancey v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where there was sufficient evidence to convict appellant of assault and battery under Code § 18.2-57(C); court’s ruling on post-trial motions was a nullity and has not been preserved for appeal
0107222 James Daniel Bean v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where there was sufficient evidence to convict appellant of violating Code § 18.2-474.3(C); trial court was not plainly wrong to reject appellant’s defense of entrapment as the evidence did not support his argument
0142221 Dimantre LaShawn Hall-Randall v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentences and imposing the full terms in their entirety
0195221 Curtis Benjamin Harrell v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where a timely filed transcript or written statement of facts of the suppression hearing is indispensable to determine whether the trial court abused its discretion when it denied appellant’s motion to suppress, found the evidence sufficient, and imposed its sentence, Rule 5A:8; appellant’s third assignment of error also waived, Rule 5A:20
0197221 Curtis Benjamin Harrell v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion when it revoked appellant’s previously suspended sentence in its entirety, resuspended only one year of the revoked sentence, and directed the revoked sentence be served consecutively with the sentences for his new convictions
0293222 Brian Lee Cheatham v. Commonwealth of Virginia 11/22/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of heroin; counsel’s Anders motion to withdraw is granted
0376222 Paul Bracy Powell v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion when imposing four years of active incarceration and $100,000 in restitution; the Commonwealth did not perpetrate fraud on the trial court; counsel’s Anders motion to withdraw is granted
0457222 JaQuan Moultrie v. Commonwealth of Virginia 11/22/2022
Trial court did not err in finding sufficient evidence of a willful, deliberate, and premeditated killing and convicting appellant of first-degree murder and unlawful stabbing; counsel’s Anders motion to withdraw is granted
0609223 David Roger Slate v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where appellant’s arguments are barred by Rule 5A:18; the record does not affirmatively establish error, thus, the ends of justice exception does not apply to the consideration of the assignments of error; counsel’s Anders motion to withdraw is granted
0868213 Arun Rashid Turay v. Commonwealth of Virginia 11/22/2022
Upon a Petition for Rehearing – panel rehearing granted
0925213 Mi'Shael Elijah Daye v. Commonwealth of Virginia 11/22/2022
Trial court did not err in denying appellant’s motion to suppress pursuant to the inevitable discovery doctrine; evidence was competent, was not inherently incredible, and was sufficient to sustain appellant’s convictions
1216211 Jeff Hobbs, Sometimes Known as Jeffrey Lee Hobbs v. Commonwealth of Virginia 11/22/2022
Judgment affirmed where appellant failed to preserve the sole issue on appeal and the ends of justice exception is inapplicable
1302213 Michael Kevin Travis v. Commonwealth of Virginia 11/22/2022
Trial court did not abuse its discretion in sentencing appellant because the court properly weighed appellant’s mitigating evidence
1397213 Jermaine Darell Cabell, a/k/a, etc. v. Commonwealth of Virginia 11/22/2022
Trial court did not err in denying appellant’s motion to strike the evidence as the evidence was sufficient to demonstrate appellant knowingly and intentionally possessed methamphetamine
0045224 Dao Minh Le v. Oanh Nguyen Le 11/15/2022
Judgment affirmed where there was no error in trial court’s denial of appellant’s request for credit for non-conforming child support payments; argument that the court erroneously ruled that mother’s duty to pay child support ended when the child turned 18 barred by Rule 5A:18; argument regarding award of attorney fees barred by Rule 5A:20
0050224 Fatima Abdulqader Abdulsamad v. Mofid Hussein Deak 11/15/2022
Judgment affirmed as to trial court’s refusal to award either pendente lite or permanent spousal support and its award of attorney fees to husband; error assigned to the denial of a motion for reconsideration is not addressed due to failure to articulate additional facts or argument in support; other arguments cannot be evaluated without a trial transcript, Rule 5A:18
0109222 Markeith Antonio Hunter v. Commonwealth of Virginia 11/15/2022
Trial court did not err in finding it lacked jurisdiction to entertain appellant’s motion to vacate, Rule 1:1(a)
1076224 Commonwealth of Virginia v. Jonathan Daniel Mihokovich 11/15/2022
Order granting motion to suppress is affirmed in a situation where entering a motel room without a search warrant was not objectively reasonable; argument regarding application of the exclusionary rule is not reached because appellant’s assignment of error does not encompass it and it is barred by Rule 5A:18
1362211 Shawn Antoine Keeling v. Commonwealth of Virginia 11/15/2022
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty plea prior to sentencing where he failed to present any substantive evidence of a reasonable basis for contesting guilt
1367211 Samuel Boyd v. Commonwealth of Virginia 11/15/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute heroin
1433202 Trevell Maurice Saul v. Commonwealth of Virginia 11/15/2022
Judgment affirmed where any potential error in admitting a witness’ written statement was harmless; evidence was sufficient to convict appellant of assault and battery
0023223 Keith Cavelle Mitchell v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding evidence sufficient to convict appellant of aggravated sexual battery
0261222 Herbert J. Morris v. Marc Elias 11/09/2022
Judgment affirmed because a transcript or written statement of facts of the January 27, 2022 hearing was not timely filed and is indispensable to resolving the appeal
0263223 Trevor Alan Neeper v. Commonwealth of Virginia 11/09/2022
Judgment affirmed where appellant waived his argument challenging the arrest warrant because he failed to raise it prior to trial, Rule 3A:9; any error in the trial court’s admission of hearsay evidence was harmless, Code § 8.01-678
0312223 Taylor Ellesse Goodwin v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding that Code § 4.1-1302 did not apply retroactively and denying appellant’s motion in limine to exclude evidence obtained from a traffic stop
0331223 Tyler Glend Coontz v. Commonwealth of Virginia 11/09/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing the balance
0352222 Brandon Keith Browning v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding appellant was aware of the presence and character of the shotgun in his bedroom closet, finding the shotgun was subject to appellant’s dominion and control, and convicting appellant of possession of a firearm by a convicted felon
0679213 Ladarius Tomas Jeffries, s/k/a Ladarius Thomas Jeffries v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding the evidence sufficient to convict appellant of first degree murder, felony use of a firearm, and discharge of a firearm from a motor vehicle
0763224 Maurice Latrel Bryant v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding sufficient evidence to convict appellant of driving under the influence of marijuana based on the totality of the evidence, Code §§ 18.2-266 and -268.10
0911221 Commonwealth of Virginia v. Antonio Victor Oliver, Jr. 11/09/2022
Trial court erred in granting appellant’s motion to suppress evidence where appellant was not in custody when he was interviewed, the interview remained voluntary even after appellant asked about a lawyer, and appellant acquiesced to a buccal swab; the transcript was timely filed pursuant to the trial court’s order correcting a clerical error
1096211 Jon'Ta Shon Germaine Ramsey v. Commonwealth of Virginia 11/09/2022
Judgment affirmed as to trial court’s denial of appellant’s motion to suppress evidence; argument that evidence was insufficient to convict appellant of possession of a firearm by a convicted felon barred by Rule 5A:18
1138213 Charles Darrell Parker, Jr. v. Roanoke City Department of Social Services 11/09/2022
Appeal dismissed for lack of jurisdiction as trial court did not enter a dispositional order in accordance with Code § 16.1-278.2
1185213 Darien Anthony Ewell v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding the evidence was competent, not inherently incredible, and sufficient to sustain appellant’s conviction for assault and battery of a law enforcement officer, Code § 18.2-57(C)
1253213 Robin Ann Steele-Parker v. Roanoke City Department of Social Services 11/09/2022
Appeal dismissed for lack of jurisdiction as trial court did not enter a dispositional order in accordance with Code § 16.1-278.2
1307212 Darrin Lamont Crawley v. Commonwealth of Virginia 11/09/2022
Judgment affirmed where appellant waived the right to raise the sentencing issue on appeal pursuant to the terms of his plea agreement
1363211 Michael Tink Lane v. Commonwealth of Virginia 11/09/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of a controlled substance; no abuse of discretion in trial court’s sentencing of appellant to terms within the ranges set by the legislature
0009222 Total Quality Logistics v. Riverside Turf, LLC 11/01/2022
Judgment affirmed where appellant failed to establish that appellee was bound by the 2012 contract entered into by Riverside Farm, thus the trial court had proper venue; the emails exchanged by the parties in 2020 formed a valid contract; argument regarding the applicability of federal law in this case barred by Rule 5A:18
0162223 Janie Marie Jarels v. Roanoke County Department of Social Services 11/01/2022
Trial court did not err in finding it was in the best interests of the child to terminate appellant’s parental rights under Code § 16.1-283(C)(2) and approve the goal of adoption
0200223 Jamie Lee Campbell Woodson v. Lynchburg Department of Social Services 11/01/2022
Judgment affirmed where trial court terminated appellant’s parental rights pursuant to Code § 16.1-283(B) and denied child’s placement with his grandmother under Code § 16.1-283(A)
0224224 Ilango Marag v. Shafinah Samsudin 11/01/2022
Trial court did not abuse its discretion in denying a continuance, awarding mother attorney fees, and excluding certain witnesses and evidence of 2020 income; no error in granting mother’s motion to strike; argument regarding court’s refusal to allow certain documentary evidence barred by Rule 5A:20
0255221 Travis Casey Schafer v. Commonwealth of Virginia 11/01/2022
Judgment affirmed where evidence was sufficient to prove appellant was guilty of grand larceny; no abuse of discretion by court in sentencing appellant; argument that evidence was insufficient to prove appellant intended to permanently deprive the owner of the vehicle barred by Rule 5A:18
0341223 Craig Allen Bailey v. Commonwealth of Virginia 11/01/2022
Trial court did not abuse its discretion in revoking the entire remainder of appellant’s sentence, but did abuse its discretion in imposing a sentence that exceeded the time left to serve
0576223 Richard Allen Caldwell v. Commonwealth of Virginia 11/01/2022
Judgment affirmed because a transcript or written statement of facts was not timely filed and is indispensable to resolving the appeal; ends of justice exception will not be applied
1065213 Da'Marcus Sharraya English v. Commonwealth of Virginia 11/01/2022
Trial court did not err in denying appellant’s motion to strike the evidence against him; no abuse of discretion as to various evidentiary rulings by the trial court; no abuse of discretion for ruling the Commonwealth was not required to provide more specific information about the date, time, and location of the offenses
1090213 Odell Cleaven Mines, Jr. v. Commonwealth of Virginia 11/01/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended two-year sentence and resuspending one year
1126214 Frank Devon Harris v. Commonwealth of Virginia 11/01/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence as he failed to prove it was impossible for him to comply with the conditions to which he was subject; no abuse of discretion in the assessment of appellant’s mitigating disability accommodations evidence or consideration of reasonable alternatives to prison
1259213 Asa Jeremiah Hogue v. Commonwealth of Virginia 11/01/2022
Judgment affirmed where the arguments presented on appeal are barred by Rule 5A:18
1282211 Tysheen Devion Payne, s/k/a Tysheen Devion Laquan Payne v. Commonwealth of Virginia 11/01/2022
Judgment affirmed where there was sufficient evidence to convict appellant of two counts of maliciously firing into an occupied vehicle; argument that appellant was acting in self-defense is barred by Rule 5A:18; that portion of the sentencing order related to the charge of maliciously shooting into an occupied dwelling is vacated
1331212 John Irvin, Jr. v. Commonwealth of Virginia 11/01/2022
Judgment affirmed where the trial court did not abuse its discretion in denying a continuance; trial court did not prohibit appellant from asking the complaining witness if she had made earlier rape allegations against him; evidence was sufficient to convict appellant of rape
0021224 William Keith Spaid v. Alisa B. Spaid 10/25/2022
The trial court did not abuse its discretion as to its calculation of the marital equity in the Winchester home, precluding appellant from presenting evidence of the loan balance on the Sonata at trial, and by awarding appellee a portion of her attorney fees and costs; the court did err in its determination that the Toyota was marital property
0228224 Janett Depaz v.The Council of Co-Owners of the Westerlies Condominium Association 10/25/2022
Judgment affirmed where appellant failed to timely file a transcript or written statement of facts of the January 14, 2022 hearing and such is indispensable to resolve appellant’s assignments of error; argument that the trial court failed to consider a “timely submitted non-suit case” filed in the district court is barred by Rule 5A:20
0353221 Lakorie S. Keene v. Commonwealth of Virginia 10/25/2022
Judgment affirmed as appellant’s argument that the trial court erred by finding his guilty pleas were informed and voluntary after he stated he had a “couple of issues” with trial counsel is barred by Rule 5A:18 and the ends-of-justice exception is inapplicable; counsel’s Anders motion to withdraw is granted
0466224 Modern Renovations, LLC V. Dionel Sagastume Espino, ET AL 10/25/2022
Award affirmed where Commission did not err in finding claimant was an employee and not an independent contractor; no error by Commission in refusing a willful misconduct defense that appellant elected not to raise before the Deputy Commissioner; no error by Commission in finding that appellant had to maintain insurance under Code § 65.2-800
0767212 David Matthew Garnett v. Commonwealth of Virginia 10/25/2022
Trial court did not abuse its discretion in revoking appellant’s entire suspended sentence and reimposing the remaining balance after he was convicted of a new crime
0890223 Commonwealth of Virginia v. Eric Walker Thornhill 10/25/2022
Trial court applied the incorrect standard in determining whether appellee’s post-Miranda statements should have been suppressed
1131212 Ricky Timothy Wyatt, Jr. v. Commonwealth of Virginia 10/25/2022
Judgment affirmed where trial court concluded appellant called the witness and asked her to recant certain testimony; arguments that there was insufficient evidence that appellant promised something of value to the witness and did so with the intent to cause the witness to provide false testimony barred by Rule 5A:18 and the ends-of-justice exception is inapplicable
1176211 Daquail Ramon Johnson v. Commonwealth of Virginia 10/25/2022
Trial court did not err in finding the evidence sufficient to support appellant’s conviction of rape
1184213 David Robert Cannaday v. Commonwealth of Virginia 10/25/2022
Trial court did not err in convicting appellant of drug related offenses as he was the driver and sole occupant of a vehicle containing a pouch with a wide variety of valuable illicit narcotics within his reach, he was in possession of an unusually large sum of cash, and the court did not believe his self-serving testimony
1340211 Shannon Warlick, Sometimes Known as Shannon Richard Warlick v. Commonwealth of Virginia 10/25/2022
Judgment affirmed where good cause existed to admit the MVR and ICOTS reports; argument that trial court should have considered the fact that appellant did not violate his probation for three years and had already served fifteen years of probation for a nonviolent crime is barred by Rule 5A:18
1350211 Chidozie Vincent Opara v. Commonwealth of Virginia 10/25/2022
Appellant’s argument that Code § 19.2-306.1 prohibited his sentence not preserved for appeal; trial court did not err in imposing an active sentence upon revocation of appellant’s sentences
1376214 Michael Eugene Summers v. Alicia Lehnes Summers 10/25/2022
Appeal dismissed without prejudice as a trial court’s pendente lite order is neither a final order, nor an appealable interlocutory order pursuant to the provisions of Code § 17.1-405 in effect when appellant noted his appeal
1378212 Micah Lasalle Smith v. Commonwealth of Virginia 10/25/2022
Trial court did not err in finding sufficient evidence that appellant shot victim with intent to maim, disfigure, disable, or kill him and convicting appellant of aggravated malicious wounding, Code § 18.2-51.2
1418214 Chad Richard Umbach v. Commonwealth of Virginia 10/25/2022
Trial court did not err in finding the evidence sufficient to convict appellant of misdemeanor assault, Code § 18.2-57
0039221 Erick Lawrence Plummer, s/k/a etc. v. Commonwealth of Virginia 10/18/2022
Judgment affirmed where evidence was sufficient to convict appellant of driving after being declared an habitual offender; no abuse of discretion in trial court’s sentencing; appellant’s argument that his due process rights were violated as he reasonably believed he was permitted to drive is barred by Rule 5A:18
0123221 JC Alexander Julian Butler v. Commonwealth of Virginia 10/18/2022
Trial court did not err in convicting appellant of possession of marijuana when he threw a bag out of his car window and a bag containing marijuana was located in the street immediately thereafter; there was sufficient evidence to convict appellant of felony eluding where his conduct raised a specter of endangerment to himself, his passenger, other motorists, and pedestrians
0124221 JC Alexander Julian Butler v. Commonwealth of Virginia 10/18/2022
Judgment affirmed where appellant’s argument that his guilty plea was not entered freely and voluntarily is barred by Rule 5A:18; neither the “good cause” nor the “ends of justice” exception can be applied to the facts of this case; no abuse of discretion in the sentence imposed by the court
0242222 Cletis Jullian Cave v. Commonwealth of Virginia 10/18/2022
Trial court did not abuse its discretion in denying appellant an appeal bond under Code § 19.2-319 as the record supports the court’s finding that appellant would pose a danger to the community if released
0463223 Garry Lee Hawley v. Commonwealth of Virginia 10/18/2022
Judgment affirmed as a claim of ineffective assistance of counsel is not reviewable on direct appeal; arguments related to various trial and sentencing issues are barred by Rule 5A:18; appellant did not renew his motion to strike the evidence as to his malicious wounding charge; counsel’s Anders motion to withdraw is granted
0502212 Donald Ray Compton, Jr. v. Commonwealth of Virginia 10/18/2022
Trial court did not err in convicting appellant under Code § 18.2-144; evidence was sufficient to demonstrate appellant acted with malice as a principal in the second degree; evidence was sufficient to prove conspiracy to maim another person’s livestock; evidence was sufficient to convict appellant of possession of a firearm by a convicted felon
0567212 Jowell Travis Legendre v. Commonwealth of Virginia 10/18/2022
Trial court did not abuse its discretion by revoking and imposing the entire term of the previously suspended sentence; argument regarding his probation violation having been based on new convictions on appeal is moot
0771223 Jessica Mae Bryant v. Commonwealth of Virginia 10/18/2022
Judgment affirmed where appellant’s argument that the trial court abused its discretion in revoking appellant’s previously suspended sentence is barred by Rule 5A:18; appellant’s failure to show a miscarriage of justice occurred results in her inability to invoke the ends of justice exception; numerous facts support the court’s decision to revoke appellant’s suspended time
0868213 Arun Rashid Turay v. Commonwealth of Virginia 10/18/2022
Trial court did not err in finding the police officer possessed a reasonable, articulable suspicion of criminal activity to support the investigative stop of appellant and denying the motion to suppress
1104212 Danny Myler v. Commonwealth of Virginia 10/18/2022
Judgment affirmed as the evidence was sufficient to convict appellant of petit larceny, third or subsequent offense; NCIC report was properly admitted under the hearsay exception for business records and was properly authenticated; appellant’s argument that admission of his NCIC/VCIN record violated the Confrontation Clause is barred by Rule 5A:18
1136213 Justice Ahmad Carr v. Commonwealth of Virginia 10/18/2022
Trial court erred in denying appellant’s motion to suppress where there was no particularized, objective basis for suspecting him of criminal activity
1221214 Alexander Arambulo Ventura v. Winchester Department of Social Services 10/18/2022
Trial court did not err in finding sufficient evidence to terminate appellant’s parental rights under Code § 16.1-283(B); appellant’s challenge of foster care goal of adoption subsumed by termination decision
1260213 Timothy P. Griffin v. Angelica Tiffany Griffin 10/18/2022
Trial court did not err because the juvenile and domestic relations district court had jurisdiction to determine spousal support and the circuit court had the discretion to award wife spousal support and attorney’s fees; wife is entitled to a partial attorney’s fee award on appeal
1380212 Christopher Dustin Mayberry v. Commonwealth of Virginia 10/18/2022
Trial court did not abuse its discretion by finding a witness unavailable to testify under Code § 18.2-67.9 and permitting the testimony by closed-circuit television; appellant’s challenge to the sufficiency of the evidence to convict him of aggravated sexual battery is barred by Rule 5A:18; conviction of one count of indecent liberties pursuant to Code § 18.2-370(A)(3) is reversed
0059223 Kellie Renee Johnson and Christopher Aaron Johnson v. Vickie Amanta Johnson, et al. 10/11/2022
Trial court did not err in finding that there was no valid will in place as the testator’s three July 29, 2018, codicils did not effectively revive or re-execute her first will
0248224 Prince William County Public Schools and PMA Management Corp. v. Lorraine Brooks 10/11/2022
Judgment affirmed where claimant’s medical records and testimony provide credible evidence that she was totally disabled from June 4 through June 9, 2021; credible evidence in the record supports the Commission’s factual findings of causation; the Commission applied the correct limitation period, Code § 65.2-708(A)
0324223 Askari Danso M.S. Lumumba, a/k/a Dale Lee Pughsley v. Commonwealth of Virginia 10/11/2022
Judgment affirmed where appellant failed to produce an adequate appellate record to determine whether the trial court erred in denying and dismissing appellant’s motion to vacate his conviction for solicitation of another person to possess drugs with the intent to distribute
0589222 Alfred A. Harper v. Commonwealth of Virginia 10/11/2022
Appeal dismissed for lack of jurisdiction, Rule 1:1(a)
0631211 Mary Landon Benton v. Commonwealth of Virginia 10/11/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute cocaine and Suboxone
1055211 Darone Cortoin Owens v. Commonwealth of Virginia 10/11/2022
Judgment affirmed where the evidence was sufficient to convict appellant of malicious wounding and use of a firearm; no abuse of discretion to admit a photograph even though there was uncertainty about its timing; appellants arguments about the foundation for the photograph and the witness’s description of the shooter’s clothing are barred by Rule 5A:18
1149211 Jerome Henry Meekins v. Commonwealth of Virginia 10/11/2022
Trial court did not abuse its discretion by making appellant’s drug testing and treatment a condition of his resuspended sentence and imposing a three year period of good behavior; arguments based on Code § 19.2-306.1 are barred by Rule 5A:18
1196213 Joshua Douglas Rhodes v. Commonwealth of Virginia 10/11/2022
Trial court did not err in finding sufficient evidence to convict appellant of continuing to practice chiropractic medicine with a suspended license and accepting payment for that practice where appellant’s testimony did not establish an “advice of counsel” defense and the suspension order was not ambiguous, Code §§ 54.1-2409.1 and 18.2-178
1327212 Devrick Raquan Gail v. Commonwealth of Virginia 10/11/2022
Trial court did not err in finding sufficient evidence for jury to convict appellant of first-degree murder and use of a firearm; appellant’s pro se assignments of error and arguments are determined to be without merit, barred by Rules 5A:18, or barred by 5A:20; counsel’s Anders motion to withdraw is granted
1394214 Segio A. Alberto Rodriguez v. Commonwealth of Virginia 10/11/2022
Trial court erred in denying appellant’s motion to suppress his statement to the police as he unequivocally and unambiguously invoked his right to counsel; the denial of the motion to suppress was not harmless error
1413214 Ramon Levert Harris v. Commonwealth of Virginia 10/11/2022
Trial court did not abuse its discretion in granting the Commonwealth’s motion to strike a venireperson for cause or in denying appellant’s motion to strike another venireperson for cause
0231224 Anastazia Huryan v. Harvey J. Volzer, Esq. Benjamin J. Trichilo, Esq. and Susan Pollack, Esq. 10/04/2022
Judgment affirmed as appellant’s arguments are barred by Rules 5A:18 and 5A:20
0287221 Ross Love Howard Hash v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion when imposing sentences that fell within the statutory ranges for appellant’s convictions
0396224 Sondra Schneider v. Ernest Brant and Jocelyn Brant 10/04/2022
Judgment affirmed as a transcript, or written statement of facts in lieu of a transcript, of the December 17, 2021 hearing is indispensable to a determination of appellant’s argument that the trial court erred by denying her motion for sanctions; argument related to the trial court’s decision to sustain a demurrer is barred by Rule 5A:18
0418221 David Keith Trull v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion when it imposed an active sentence of four years and six months after revoking appellant’s previously suspended sentences
0807212 Raiquan Malique Sims v. Commonwealth of Virginia 10/04/2022
Trial court did not err in convicting appellant of first-degree murder as the evidence demonstrated he acted in concert of action with others and such action establishes criminal liability upon a legal theory of transfer of intent, resulting in appellant’s guilt as a principal in the second degree
0917213 Phaedra Bates Schreiner v. Commonwealth of Virginia 10/04/2022
Judgment affirmed where there was sufficient evidence to convict appellant of driving while intoxicated; argument that trial court erred by qualifying a police officer as an expert in physiology and related fields is barred by Rule 5A:20
1005212 David Zandy Leech v. Commonwealth of Virginia 10/04/2022
Trial court did not err in rejecting appellant’s argument that he acted in self-defense and convicting him of brandishing a firearm
1045212 Malik Gary v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion in denying appellant’s motion for a continuance as he did not make an adequate and timely proffer of the expected testimony of the witnesses and how he would be prejudiced if the motion was denied; no abuse of discretion in the denial of appellant’s motion to withdraw his no-contest pleas, Code § 19.2-296
1054213 Dustin James Lapradd v. Commonwealth of Virginia 10/04/2022
Judgment affirmed as appellant’s pleas of nolo contendere waived his right to assert his statutory speedy trial rights on appeal; argument that appellant’s constitutional right to a speedy trial was violated is barred by Rule 5A:18
1119212 Rodney Bryon Rock v. Commonwealth of Virginia 10/04/2022
Trial court did not err in denying appellant’s motion to vacate his criminal convictions
1124212 Maurice Francis Neenan III v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion admitting a video, still photos, and a pawn store ticket into evidence; no abuse of discretion when the court drew reasonable inferences from proven facts and convicted appellant of larceny with the intent to sell
1139213 Melissa Rowe Dillon v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentences and imposing seven years of active incarceration after her conviction of new crimes
1163211 Jeffery Scott Jackson, s/k/a Jeffrey Scott Jackson v. Commonwealth of Virginia 10/04/2022
Trial court did not err in revoking appellant’s suspended sentences and imposing the balance of the suspended time after appellant stipulated he violated the conditions of the suspended sentences and considering his criminal history and dishonesty with his probation officer; counsel’s Anders motion to withdraw is granted
1172211 Christy Robertson Temple v. Commonwealth of Virginia 10/04/2022
Judgment affirmed as there was sufficient evidence to convict appellant of obstruction of justice and assault and battery of two police officers because the testimony was not incredible and appellant demonstrated the requisite intent, notwithstanding her mental state
1232213 Larry Dale Williams v. Commonwealth of Virginia 10/04/2022
Trial court did not abuse its discretion when it sentenced appellant to two years on his felony failure to appear conviction as the trial judge stated his reasons for the sentence from the bench, provided a written explanation for the length of the sentence, and imposed a sentence within the statutory range
1297211 Jamal Brion Walker v. Commonwealth of Virginia 10/04/2022
Judgment affirmed where appellant’s argument that his guilty pleas were not entered freely and voluntarily are barred by Rule 5A:18; neither the “good cause” nor the “ends of justice” exception can be applied to the facts of this case; no abuse of discretion in the sentences imposed by the court
1335214 Frederick Joel Sandler v. Valerie Ann Sandler, f/k/a Valerie Ann Koelsch 10/04/2022
Trial court did not err in entering an Amended Court Order Acceptable for Processing, in requiring appellant to reimburse wife for overpayments regarding appellant’s survivor benefit premium, in denying a motion for a continuance, and in declining to award attorney fees and costs to either party
1342211 Steven Christopher Cosby-Moore v. Commonwealth of Virginia 10/04/2022
Judgment affirmed as appellant’s due process arguments are barred by Rule 5A:18; argument regarding the revocation of appellant’s previously suspended sentence is moot
0080224 Latrice Curtis v. Stafford County Department of Social Services 09/27/2022
Trial court did not err in finding that termination of appellant’s parental rights was in the best interest of the children; the record contains sufficient evidence that appellant failed to meet the statutory requirements enumerated in Code § 16.1-283(C)(2); no abuse of discretion in admitting certain medical reports or accepting expert witness testimony on child abuse
0126223 Antonio Osorio, s/k/a Antonio Osorio-Pacheco v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentence and imposing the balance of the sentence after appellant absconded from probation for nearly a decade and incurred a new criminal conviction
0216224 Eugene Ellis v. Stafford County Department of Social Services 09/27/2022
Trial court did not err in finding that termination of appellant’s parental rights was in the best interest of the children; the record contains sufficient evidence that appellant failed to meet the statutory requirements enumerated in Code § 16.1-283(C)(2)
0256221 Van Shawn Rodgers v. Commonwealth of Virginia 09/27/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession with intent to distribute a controlled substance, simultaneous possession of a firearm and a controlled substance, possession of a firearm by a violent felon, and publicly carrying a loaded semi-automatic firearm in the City of Virginia Beach
0445224 Humberto Ajanel-Sanic v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion in sentencing appellant to a life term for forcible sodomy of a child under the age of thirteen after considering all the circumstances and explaining the upward departure from the sentencing guidelines
0481222 Mark Oliver Adkins, Jr. v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where appellant’s argument that the sentence imposed is unnecessarily lengthy for a probation violation is barred by Rule 5A:18; the ends of justice do not excuse the failure to preserve the argument; counsel’s Anders motion to withdraw is granted
0568211 Roscoe McNeil, Jr. v. Commonwealth of Virginia 09/27/2022
Trial court did not err in finding sufficient evidence that appellant acted with malice when he stabbed the victim multiple times with a knife and convicting appellant of malicious wounding
0709224 Josephine Wesseh v. Woldeare Gay Legesse and Lyft, Inc. 09/27/2022
Judgment affirmed where appellant’s argument that the trial court erred in dismissing her appeal from the general district court is barred by Rule 5A:18
0753211 Keiron Chardel Pollard v. Commonwealth of Virginia 09/27/2022
Trial court did not err in convicting appellant of felony hit and run as the evidence was sufficient that he had actual knowledge of the accident; court did not err in convicting appellant of felony child endangerment as he knowingly drove a motor vehicle with a child passenger and exercised care and control over the child, even though another adult was present
0819213 Richard Lee Schroeder v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where the evidence was sufficient to establish appellant was guilty of assault and battery on a law enforcement officer; argument that the trial court failed to make certain specific rulings related to the conviction is barred by Rule 5A:18
0866211 Sandor Santiago Galvante v. Commonwealth of Virginia 09/27/2022
Trial court did not err in denying appellant’s motion to suppress when an unknown informant, in a face-to-face encounter with police, provided officers with reasonable suspicion to stop and investigate appellant for suspected driving while intoxicated
0893213 Daniel Norbert Halter v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion in weighing the relevant factors, revoking appellant’s previously suspended sentences, and imposing an active term of five years’ incarceration after appellant’s third revocation hearing
1069213 Neil Anthony Spencer v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion in revoking appellant’s previously suspended sentence and imposing the balance of the unserved term; counsel’s Anders motion to withdraw is granted
1107213 Brandon Tyler Webb v. Commonwealth of Virginia 09/27/2022
Judgment affirmed because a transcript or written statement of facts was not timely filed and is indispensable to resolving the appeal
1145213 Estate of Ralph Eagle, by Melissa Cupp, Executor v. Barbara Eagle 09/27/2022
Trial court did not err in finding that savings certificates were jointly owned pursuant to the premarital agreement and distributing part of the proceeds to wife
1204212 Timothy Cole, Jr. v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where the notice appellant received of the charge against him satisfied due process; no Brady violation occurred as appellant learned of the challenged testimony during trial and used it to cross-examine witnesses; argument about possible inconsistent verdicts and admissibility of evidence of other crimes barred by Rule 5A:18
1243211 Carrie Ann Yates v. Commonwealth of Virginia 09/27/2022
Judgment affirmed where appellant’s argument that trial court abused its discretion by imposing an active sentence of ten years and twelve months is barred by Rule 5A:18; ends of justice exception is not applicable because appellant did not demonstrate the trial court erred in imposing the sentence and it does not constitute a grave injustice
1410213 Alberto Tribi Sanchez-Gutierrez v. Commonwealth of Virginia 09/27/2022
Trial court did not abuse its discretion by revoking appellant’s previously suspended sentence and imposing the balance of the sentence after appellant was convicted of violent crimes committed twelve days after his release from incarceration
0151221 Jamonte Nishan Pope v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in sentencing appellant in the mid-range of the allowable term after weighing the aggravating and mitigating factors; appellant’s argument that his sentence was disproportionate to the crime committed is barred by Rule 5A:18
0156224 Janella Jordan v. Jason Miller and Mark H. Bodner, Esquire 09/20/2022
Trial court did not abuse its discretion in finding that GAL’s filings at issue did not violate Code § 8.01-271.1(B)(iii) and denying appellant’s motion for sanctions; record inadequate to review appellant’s argument that judge based his ruling on a “personal relationship” with GAL, Rule 5A:8(b)(4)(ii)
0489214 James A. DeVita v. Jason Miller and Mark Bodner, Esquire 09/20/2022
Judgment affirmed as to trial court’s finding that appellant acted with reckless indifference when filing a praecipe docketing a motion, Code § 8.01-271.1; trial court erred in finding certain emails and appellant’s nonappearance sanctionable; appellant’s argument that the court failed to explain its factual findings barred by Rule 5A:18
0514212 Whitney Allen Barker v. Commonwealth of Virginia 09/20/2022
Judgment affirmed where the search warrant at issue identified Code § 18.2-248 instead of Code § 18.2-248.1 as the alleged offense, but the trial court denied a motion to suppress after finding that the good-faith exception to the exclusionary rule applied and the police had an objectively reasonable belief that the warrant was supported by probable cause
0703212 Jared Matthew Warren v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in sentencing appellant to forty years in prison with all but fifteen years suspended after considering evidence presented by both sides; counsel’s Anders motion to withdraw is granted
0838212 Michael Anthony Baublitz v. Commonwealth of Virginia 09/20/2022
Judgment affirmed where appellant failed to make timely and specific objections as required by Rule 5A:18 in order to preserve his assignments of error; the ends-of-justice exception to Rule 5A:18 cannot be invoked because appellant failed to demonstrate an actual miscarriage of justice has occurred
0942213 Leon Rufus Rose v. Commonwealth of Virginia 09/20/2022
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding, use of a firearm in the commission of a felony, and possession of a firearm by a convicted felon
1079212 Michael Melvin Fary v. Commonwealth of Virginia 09/20/2022
Petition for Rehearing En Banc granted
1123212 Alexis Jonathan Amaya v. Commonwealth of Virginia 09/20/2022
Judgment affirmed where trial court denied a motion to suppress after holding a Franks hearing as to whether the responding state trooper acted with a reckless disregard for the truth in submitting an affidavit for a search warrant; argument that the trooper was also reckless in his disregard for the truth when he omitted information from the affidavit barred by Rule 5A:18
1181211 Jarvis Cornelius Murrell v. Commonwealth of Virginia 09/20/2022
Trial court did not err in finding sufficient evidence to convict appellant of felony driving while intoxicated (subsequent offense), felony driving on a revoked license (alcohol related), refusal of a breath test (subsequent offense), and possession of cocaine with intent to distribute
1189213 Nathaniel Jeremiah Yount v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentences and imposing a sentence in excess of the discretionary guidelines considering appellant’s extensive criminal history and continuing criminal activity
1214211 Justin Duane Sturdivant v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in overruling appellant’s objection to the language of a jury instruction detailing the elements of the offense of possession of a firearm after having been convicted of a felony or in denying his request for a competency evaluation, Code § 19.2-169.1(A)
1226213 Ricky Ricardo Edmunds v. Commonwealth of Virginia 09/20/2022
Trial court did not err in finding sufficient evidence that appellant intended to offensively headbutt the deputy and convicting him of assault and battery against a law enforcement officer
1336211 Alexis Odelia Toran v. Commonwealth of Virginia 09/20/2022
Judgment affirmed where there was sufficient evidence to convict appellant of obstruction of justice; appellant’s argument that she lacked the requisite intent to be convicted of assault and battery of a police officer is barred by Rule 5A:18
1382211 Michael Alexander Palmer v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in revoking and imposing the balance of appellant’s previously suspended sentence; to the extent appellant attempts to argue his sentence was broadly disproportionate as a matter of law, it is barred by Rule 5A:18
1390204 Myison Iaeene Ellis, s/k/a Myi'son Iaeene Ellis v. Commonwealth of Virginia 09/20/2022
Trial court did not abuse its discretion in denying motions for continuance; any potential abuse of discretion in excluding evidence to rehabilitate one witness and limiting impeachment of another witness was harmless error; no Brady violation occurred; evidence was sufficient for conviction; argument that denial of request to treat a witness as adverse barred by Rule 5A:18
0010221 Abacus Remodeling and Construction and Builders Mutual Insurance v. Joseph Fogel 09/13/2022
Award affirmed in part as to the Commission’s finding that the appellee suffered compensable injuries to his neck, left shoulder, and left arm in a work accident; award of disability benefits beyond May 2, 2020 is reversed in part and remanded as there was insufficient evidence to support it
0159223 Darrell Ray Richards, Sr. v. Commonwealth of Virginia 09/13/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence after balancing the mitigation evidence against the substantial facts in aggravation
0201224 Destini Murphy v. An Dang 09/13/2022
Trial court did not err in finding appellant received sufficient notice pursuant to Code § 8.01-126 that her lease was being terminated and in denying her motion to vacate the judgment for possession
0395211 DeJoseph Ricks, s/k/a DeJoseph L. Ricks v. Commonwealth of Virginia 09/13/2022
Trial court did not err in convicting appellant of making a written threat to kill or do bodily injury in violation of Code § 18.2-60(A)
0396211 DeJoseph L. Ricks v. Commonwealth of Virginia 09/13/2022
Trial court did not err in revoking appellant’s previously suspended sentences after he was convicted of making a written threat in violation of Code § 18.2-60(A)
0627213 Marilyn Dolsey Morgan v. Lynchburg Department of Social Services 09/13/2022
Judgment affirmed where grandmother did not have standing to appeal termination of her daughter’s parental rights; trial court had subject matter jurisdiction over the case; no abuse of discretion in denying grandmother custody and ordering no contact with the children without DSS approval; argument about trial court’s denial of demurrers is moot
0718211 Brett Colby Richardson v. Commonwealth of Virginia 09/13/2022
Trial court did not err in denying appellant’s motion to suppress evidence found in his vehicle, located in the curtilage of his home, applying the good faith exception to the exclusionary rule; evidence was sufficient to convict appellant of possession of a firearm as a convicted felon
0729211 Youssef Hoballah v. Commonwealth of Virginia 09/13/2022
Judgment affirmed where trial court found appellant violated the plea agreement on a deferred disposition and convicted him of the crimes to which he pled guilty; no abuse of discretion in denying appellant’s motion to withdraw his guilty pleas
0877213 Samantha Leigh Perry v. Commonwealth of Virginia 09/13/2022
Judgment affirmed where trial court admitted social media posts as evidence against appellant in a revocation proceeding because they were not inadmissible hearsay and the limited right of confrontation did not apply; evidence was sufficient to demonstrate appellant authored the statements contained in the posts; good cause existed to revoke appellant’s suspended sentence
1086213 William Thomas Gibson, II v. Commonwealth of Virginia 09/13/2022
Trial court did not err in finding sufficient evidence to convict appellant of possessing heroin, based on the combined force of the enumerated circumstances in the case
1175212 Cletis Julian Cave v. Commonwealth of Virginia 09/13/2022
Judgment affirmed where evidence was sufficient for the jury to find appellant was operating the car at the time of the collision and was under the influence of alcohol while operating a motor vehicle, thereby making him guilty of driving under the influence of alcohol, driving after his license was revoked, and refusing to provide a breath sample
1241212 Tyson Vernard McClain v. Commonwealth of Virginia 09/13/2022
Judgment affirmed where appellant’s argument that the evidence was insufficient to convict him is barred by Rule 5A:18 and the ends of justice exception does not apply; appellant’s argument regarding ineffective assistance of counsel cannot be considered on direct appeal
1269211 Clarence Williams, III v. Katryce Sykes-Williams 09/13/2022
Judgment affirmed as it relates to apportionment of the marital debt, determination of whether to impute income to both parties, and determination of the amount and duration of spousal support; appellant’s argument regarding the birth of another child and its effect on his child support obligation is barred by Rule 5A:20(e)
1272212 Demonta Bell v. Commonwealth of Virginia 09/13/2022
Trial court did not err in finding evidence was competent, was not inherently incredible, and was sufficient to prove that appellant was guilty of possession of a firearm by a convicted felon and reckless handling of a firearm
1388212 Richard Aaron Cain v. Milton Todd Langford and Jo Elizabeth Langford 09/13/2022
Trial court did not abuse its discretion in denying appellant’s motion for a continuance in an adoption proceeding
0325224 Monidipa Banerjee v. Jean-Marc Brisson 09/06/2022
Judgment affirmed where the lack of a transcript or written statement of facts is indispensable to resolving appellant’s assignments of error
1032213 Amanda Kay Young v. Commonwealth of Virginia 09/06/2022
Trial court did not err in finding sufficient evidence to convict appellant of arson, Code § 18.2-77
1063212 Randy Lee Remillard v. Terri Lee Remillard 09/06/2022
Trial court did not err in finding the parties’ premarital agreement unconscionable and unenforceable, Code § 20-151-(A)
1073213 James William Shough, Sr. v. Commonwealth of Virginia 09/06/2022
Judgment affirmed where the evidence was not inherently incredible and was sufficient for the jury to convict appellant of the charged offenses
1227213 Travis Wayne Hypes, II v. Commonwealth of Virginia 09/06/2022
Trial court did not err in denying a motion to suppress after determining the officers did not prolong the traffic stop to allow the K-9 unit to appear and conduct a dog sniff and finding sufficient evidence to convict appellant of possessing methamphetamine and possession of a firearm after having been convicted of a felony
1283211 Stanley Keith Montgomery v. Commonwealth of Virginia 09/06/2022
Trial court did not err in finding sufficient evidence to convict appellant of aggravated sexual battery and abduction with intent to defile, denying appellant’s proffered jury instruction, and overruling appellant’s objection to the verdict forms as constituting a due process violation and unduly suggestive or prejudicial
1288213 Pervis Joseph Harris v. Commonwealth of Virginia 09/06/2022
Trial court did not abuse its discretion in denying a motion to set aside the verdict and reconsider without a hearing or in revoking two years of appellant’s suspended sentence under the version of Code § 19.2-306 in effect at the time of the violations and the proceeding; appellant’s due process argument is not considered pursuant to the approbate-reprobate doctrine
1395212 Virginia Alcoholic Beverage Control Authority/Commonwealth of Virginia v. Thomas Blot 09/06/2022
Commission erred in awarding appellee temporary partial disability benefits where no evidence demonstrated a causal relationship between the lost wages and the work accident and there was insufficient evidence that appellee had marketed his residual work capacity, Code § 65.2-502
0002222 Susan Revels v. Costco Wholesale and Costco Wholesale Corporation 08/30/2022
Commission did not err in granting employer’s application and terminating appellant’s benefits based on the uncontradicted medical evidence or by rejecting appellant’s application to change treating physicians; appellant’s constitutional arguments are not considered pursuant to Rule 5A:18
0827211 Jazz Kwame Grant v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion in admitting surveillance video into evidence, allowing the replay of a segment of appellant’s recorded police interview, or striking a juror for cause; there was no error in the denial of the motion for a mistrial
0844213 Vashon Nicketta Canty v. Commonwealth of Virginia 08/30/2022
Trial court did not err in finding sufficient evidence to convict appellant of violating Code §§ 63.2-502 and 63.2-522
0898211 Shaun Lee Caldwell v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentences and imposing an active one-year sentence after he incurred new convictions, failed to report to his probation officer, and absconded from probation
0971214 Laszlo Pentek v. Commonwealth of Virginia 08/30/2022
Trial court did not err in denying appellant’s motion to strike and finding sufficient evidence to convict him of first-degree murder and use of a firearm in the commission of a felony
1080211 Juan Antonio Jackson v. Commonwealth of Virginia 08/30/2022
Judgment affirmed where evidence was sufficient for jury to conclude appellant discarded a firearm while being pursued by police and was therefore guilty of possession of a firearm as a convicted felon
1147212 Bradly Ellsworth Hicks v. Commonwealth of Virginia 08/30/2022
Trial court did not err in denying appellant’s motion in limine, refusing to retroactively apply Code § 4.1-1302(A), and allowing the firearm found during the police search to be admitted into evidence
1230213 Michael Shane Boyd v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion in sentencing appellant to an active term of incarceration of two years after he entered a plea of guilty to distributing an imitation controlled substance; to the extent he argues his sentence is unconstitutional because it is disproportionate, that issue was not preserved as required by Rule 5A:18; counsel’s Anders motion to withdraw is granted
1231213 Michael Shane Boyd v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion in revoking and reimposing appellant’s two-year, six-month suspended sentence for his 2016 larceny conviction; to the extent he argues his sentence is unconstitutional because it is disproportionate, that issue was not preserved as required by Rule 5A:18; counsel’s Anders motion to withdraw is granted
1255213 Melissa Dawn Campbell v. Commonwealth of Virginia 08/30/2022
Trial court did not err in finding sufficient evidence to convict appellant of distribution of a schedule II controlled substance
1319211 Lawrence Ricardo Nicholson v. Commonwealth of Virginia 08/30/2022
Trial court did not abuse its discretion by imposing a three-year active sentence as the judge considered the mitigating evidence and imposed a sentence that did not exceed the statutory maximum for appellant’s conviction
0036221 Shawn Lamonte Robinson v. Commonwealth of Virginia 08/23/2022
Trial court did not err in finding sufficient evidence to convict appellant of three counts of object sexual penetration and seven counts of aggravated sexual battery; appellant did not challenge his convictions for practicing a health profession after suspension of his license and assault and battery
0038222 Pearly E. Walters v. Commonwealth of Virginia 08/23/2022
Trial court did not abuse its discretion in revoking his suspended sentences, imposing two years of active incarceration, or admitting a letter from the Commonwealth’s Attorney; appellant’s argument that the trial court erred in considering his criminal record is barred by Rule 5A:18 and there was no demonstration that a miscarriage of justice occurred
0424211 Travone Quinte Lane v. Commonwealth of Virginia 08/23/2022
Trial court did not err in finding sufficient evidence to convict appellant of malicious wounding, aggravated malicious wounding, and related firearm charges
0748212 Jane Marie Myers v. Brian David Myers 08/23/2022
Trial court did not abuse its discretion in granting the motion to set an alternate valuation date for the marital assets, in declining to incorporate the marital agreement regarding the marital home into the divorce decree, in determining husband’s current retirement accounts were not marital property, in its award of spousal support, and in declining to award attorney fees
0773211 Timothy Wayne Carr v. Commonwealth of Virginia 08/23/2022
Judgment affirmed as the evidence was sufficient to convict appellant of the charges against him, the victim’s testimony was not inherently incredible, and appellant’s argument that he had the right to enter his own home was unavailing as he had no right to occupy the home
0784211 Justin Paul Chevalier v. Commonwealth of Virginia 08/23/2022
Upon a Rehearing – trial court did not abuse its discretion in revoking appellant’s suspended sentence after finding appellant violated Condition 11 of his probation by absconding from supervision
0972213 Eva Lavonne Stephenson v. Commonwealth of Virginia 08/23/2022
Judgment affirmed as to trial court’s denial of appellant’s motion to dismiss on statutory speedy trial grounds; constitutional speedy trial claim is barred by Rule 5A:18; no abuse of discretion in excluding a proffered report as to appellant’s prior mental health diagnoses, Code § 19.2-271.6; appellant’s sufficiency of the evidence argument barred by Rule 5A:18
0974213 Eva Lavonne Stephenson v. Commonwealth of Virginia 08/23/2022
Trial court did not abuse its discretion in revoking appellant’s previously-suspended sentence for malicious wounding due to her new convictions
0984213 James William King v. Commonwealth of Virginia 08/23/2022
Judgment affirmed where there was sufficient evidence to convict appellant of malicious wounding; appellant’s argument that he acted in self-defense or under the heat of passion is barred by Rule 5A:18
0988212 James Howard Avent v. Commonwealth of Virginia 08/23/2022
Trial court judgment affirmed where there was sufficient evidence that appellant was guilty of malicious wounding and use of a firearm in the commission of a felony
1010211 Manu Hristos Costas v. Commonwealth of Virginia 08/23/2022
Trial court’s judgment convicting appellant of forcible sodomy is affirmed; appellant’s arguments alleging insufficient evidence of the non-consensual nature of the sexual activity and insufficient evidence that sodomy was accomplished through use of complainant’s mental incapacity or physical helplessness barred by Rule 5A:18
1079212 Michael Melvin Fary v. Commonwealth of Virginia 08/23/2022
Trial court did not err in finding sufficient evidence to convict appellant of seven counts of attempted malicious wounding after he twice drove his boat into another boat occupied by seven passengers
1108211 Quintez Rephael Raven v. Commonwealth of Virginia 08/23/2022
Trial court did not err in finding sufficient evidence to convict appellant of abduction pursuant to Code § 18.2-47(A); trial court did not abuse its discretion in sentencing appellant to a term that did not exceed the statutory maximum
1117213 Michael Christopher Runion v. Commonwealth of Virginia 08/23/2022
Trial court did not abuse its discretion in granting the Commonwealth a continuance or concluding appellant engaged in abusive conduct towards his estranged wife in violation of his probation and revoking his suspended sentences
1133212 David Lee Pettis, Jr. v. Commonwealth of Virginia 08/23/2022
Trial court did not err in denying appellant’s motion to suppress evidence found during a search of his vehicle; evidence was sufficient to find appellant possessed the drugs, firearm, and other items found during the search
0365221 Commonwealth of Virginia v. Mario Nathaniel White 08/16/2022
Trial court did not err in granting a motion to suppress evidence found in the search of a vehicle; passenger’s statement was not a “circumstance indicating criminal activity” justifying the probable cause to search
0604211 Yasir Malik Smith v. Commonwealth of Virginia 08/16/2022
Judgment affirmed where trial court found the evidence sufficient to convict appellant of maliciously shooting into an occupied vehicle, attempted murder, and tampering with a vehicle; evidence was also sufficient to establish appellant’s identity as the perpetrator; appellant’s arguments regarding his sentence and other convictions barred by Rule 5A:18
0613213 Melvin Avon Thomas v. Commonwealth of Virginia 08/16/2022
Trial court did not err in admitting evidence of “other crimes,” admitting certain business records, and finding sufficient evidence to convict appellant of conspiracy to commit grand larceny and two counts of grand larceny pursuant to Code §§ 18.2-22 and 18.2-95
0662214 Thomas Joseph Russo v. Commonwealth of Virginia 08/16/2022
Judgment affirmed because court did not have jurisdiction to grant appellant’s “motion for appropriate relief;” appellant failed to object to the prosecutor representing the Commonwealth at the hearing, did not move for disqualification before the court entered the revocation order, and never objected to the court’s consideration of his federal conviction, Rule 5A:18
0787214 Kenneth Calvin Knight v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion when entering nunc pro tunc orders in some cases, but there are errors in the nunc pro tunc orders for other cases; appellant’s revocation proceedings began before the new version of Code § 19.2-306 went into effect and the proceedings were governed by the earlier version of the statute; no abuse of discretion as to sentencing
0788213 Ronald Lester, s/k/a Ronald Lee Lester 08/16/2022
Trial court did not abuse its discretion in denying appellant bail pursuant to Code § 19.2-120(B)
0906213 Sharl Kajuan Breakley v. Commonwealth of Virginia 08/16/2022
Trial court did not err in finding sufficient evidence to convict appellant of simple abduction, sexual assault, and attempted statutory burglary
0953212 Jordan Allen Reed v. Commonwealth of Virginia 08/16/2022
Judgment affirmed where appellant’s argument that the trial court’s sentence was greater than the guidelines recommended was waived pursuant to Rule 5A:18
0976212 Virginia Harris Petty v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion when it sentenced appellant to the statutory maximum for each charge; appellant’s argument about trial court bias is barred by Rule 5A:18
1057212 Shaunacy Roy Bishop v. Commonwealth of Virginia 08/16/2022
Trial court did not err in finding sufficient evidence to convict appellant of possessing drugs found lying on top of his acknowledged phone that was within his reach and inferring that he possessed the drugs with intent to distribute based on other evidence such as packaging; evidence sufficient that he possessed a revolver found in his backpack within arm’s reach
1091212 Virginia Harris Petty v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion when it sentenced appellant to the statutory maximum for each charge; appellant’s argument about trial court bias is barred by Rule 5A:18
1132211 Rahyeem Damon Porter v. Commonwealth of Virginia 08/16/2022
Trial court did not err in finding the evidence was competent, credible, and sufficient to convict appellant of the various charges against him
1183213 Earl Lankford Torrence v. Commonwealth of Virginia 08/16/2022
Trial court’s denial of appellant’s motion to suppress evidence found in his truck was proper and convictions are affirmed
1274211 Crystal Butler v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion in its sentencing of appellant after she entered guilty pleas to several felonies and signed a plea agreement that acknowledged the Commonwealth had not agreed to a particular sentence and the court was not required to follow the sentencing guidelines; counsel’s Anders motion to withdraw is granted
1280212 Brad O'Neal Allen v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion in its sentencing of appellant after he entered guilty pleas to two felonies and signed an “Acknowledgment of Rights” form; counsel’s Anders motion to withdraw is granted
1287211 Sean Purnell Almond v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence after weighing the mitigating factors against appellant’s continued engagement in criminal conduct during the suspension period
1341212 Ronteyvous V. Smith, a/k/a Ronteyvous Vindez Smith v. Commonwealth of Virginia 08/16/2022
Judgment affirmed where appellant’s probation officer had authority to impose GPS monitoring as a condition of probation pursuant to Title 53.1 of the Code of Virginia
1361211 Ryan Brandon Little v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion in denying appellant’s pro se motion for reconsideration of sentence, counsel’s Anders motion to withdraw is granted
1421212 Melvin Dale Gunter, Jr. v. Commonwealth of Virginia 08/16/2022
Trial court did not abuse its discretion when it weighed the mitigating and aggravating evidence and imposed sentences within the statutory range; counsel’s Anders motion to withdraw is granted
0035221 Yo, f/k/a Mario Ballard v. Commonwealth of Virginia 08/09/2022
Trial court did not err in ruling that appellant remains a sexually violent predator in need of inpatient treatment, even though he had maintained relatively good behavior for 24 months, because he continued to challenge the clinical acumen of the clinical treatment team, dispute his diagnosis, disagree with the feedback in treatment, and has substance abuse disorders
0505214 Teresa Mary Maust v. Commonwealth of Virginia 08/09/2022
Trial court erred in convicting appellant of distribution of oxymorphone when the informant died before trial, the evidence was insufficient to demonstrate the informant had no opportunity to obtain the drugs from someone other than the appellant, and the evidence was insufficient to prove a financial transaction between appellant and informant involved drugs
0814211 Andrew Brock, Jr. v. Commonwealth of Virginia 08/09/2022
Trial court did not abuse its discretion when it sentenced appellant to 10 years of active incarceration where appellant entered guilty pleas to the charges and the court considered the guidelines, the circumstances of the offenses, and appellant’s history and characteristics
0874211 Sheree Johnetta Flood v. Commonwealth of Virginia 08/09/2022
Trial court did not err in rejecting appellant’s theory that she acted in self-defense or in defense of another when she shot the victim
0885211 Michael Alexander Palmer v. Commonwealth of Virginia 08/09/2022
Judgment affirmed as to appellant’s convictions for six counts of possession with intent to distribute because a co-conspirator’s statements were not testimonial hearsay, there was sufficient evidence to convict appellant of the third controlled buy, and appellant’s speedy trial rights were either waived by him or tolled by the pandemic-related judicial emergency orders
0999212 Natasha V. Comer v. Henrico Department of Social Services 08/09/2022
Trial court’s judgment terminating parental rights pursuant to Code § 16.1-283(C)(2) is affirmed where appellant did not contest that terminating her parental rights was in the children’s best interest and her mental illness made her unable to substantially remedy the conditions that led to the children’s placement in foster care
1001213 Syl Nmn Rogers v. Commonwealth of Virginia 08/09/2022
Trial court did not err in finding that appellant’s continued touching of the victim, despite her multiple requests that he not do so, was unwanted and committed in a rude manner sufficient to sustain his conviction for assault and battery
1002213 Larry Dale Puckett v. Commonwealth of Virginia 08/09/2022
The evidence was sufficient to find appellant guilty of malicious wounding; trial court did not abuse its discretion in admitting the victim’s girlfriend’s victim impact statement into evidence; the trial court did err in finding DMAS to be a victim for purposes of restitution of medical expenses under Code § 19.2-305.1(B)
1025213 Brian Anthony Dove v. Commonwealth of Virginia 08/09/2022
Trial court did not err in finding sufficient evidence to convict appellant of possession of methamphetamine and possession of ammunition as a felon when it was found in a truck he abandoned after being observed by an officer of the Department of Game and Inland Fisheries
1033214 Sean Benjamin Brown v. Commonwealth of Virginia 08/09/2022
Trial court did not abuse its discretion in revoking and imposing twelve months of active incarceration after appellant sustained new convictions and other probation violations; Code § 19.2-306.1 and amended Code § 19.2-306(C) were not effective on the dates when the violations were committed or the date revocation proceedings were instituted in circuit court
1156213 Jose Guadencio Sanchez v. Commonwealth of Virginia 08/09/2022
Trial court did not err in convicting appellant of possession of a firearm by a convicted felon after finding that he constructively possessed a rifle in the back seat of a vehicle in which he was a front-seat passenger
1182211 Jermar Wendell Brown v. Commonwealth of Virginia 08/09/2022
Trial court’s judgment convicting appellant of burglary, grand larceny, and conspiracy is affirmed because there was sufficient evidence that appellant and his girlfriend did not have permission to be in the apartment and the owner had not abandoned clothing and other items
1217212 Jeffrey Douglas Cheripka v. Commonwealth of Virginia 08/09/2022
No error in trial court’s finding that appellant’s release on pre-trial bail would constitute an unreasonable risk of danger to the victims
1219213 Del Cadle v. Russell County Department of Social Services 08/09/2022
Trial court’s judgment terminating parental rights pursuant to Code § 16.1-283(C)(2) is affirmed where appellant failed to obtain suitable housing for the children or successfully complete a home study through the Interstate Compact on Placement of Children
1228214 Tiffany Rena Twyman v. Commonwealth of Virginia 08/09/2022
Trial court’s judgment is affirmed on an alternate ground because the court did not have the authority to grant appellant deferred disposition once it found appellant guilty of the charge
1254211 Roderick Gordon v. Commonwealth of Virginia 08/09/2022
Trial court did not abuse its discretion by revoking previously suspended time where appellant did not dispute he was guilty of violating multiple conditions of his probation, he was convicted of the same crime for which he was on probation, and the court explained the decision to depart from the guidelines
1271213 My'Love Forever Robinson a/k/a Sonja Janet Robinson v. Commonwealth of Virginia 08/09/2022
Trial did not err in finding sufficient evidence of obstruction of justice where appellant interrupted, talked over, prevented the officer from speaking with witnesses, kicked the officer, and struggled with other officers; evidence of assault and battery was sufficient where appellant kicked the investigating officer and fought with other officers
1304212 Harold Jerry v. Henrico Department of Social Services 08/09/2022
Trial court’s judgment terminating parental rights pursuant to Code § 16.1-283(C)(2) is affirmed because the termination was in the children’s best interest and appellant, without good cause, failed to substantially remedy the conditions that led to the children’s placement in foster care
0551214 Erin Hillary Page v. Commonwealth of Virginia 08/02/2022
Trial court judgment is affirmed as appellant’s assignments of error are barred by Rule 5A:18
0565214 Erin Hillary Page v. Commonwealth of Virginia 08/02/2022
Trial court judgment is affirmed as appellant’s assignments of error are barred by Rule 5A:18
0624211 Sheera L. Knight v. Commonwealth of Virginia 08/02/2022
Judgment affirmed where victim’s identification of appellant was not inherently unreliable; appellant’s argument that the requisite intent was not proved is barred by Rule 5A:18; the record is inadequate to determine whether it was error to allow victim to testify about a public “alert” concerning appellant
0675211 Katherine Adelle Kelly v. Commonwealth of Virginia 08/02/2022
Trial court did not err in finding sufficient evidence to convict appellant of aggravated malicious wounding and malicious wounding as an accomplice; there was no error in finding proof of permanent and significant physical impairment as required by Code § 18.2-51.2
0831213 Roger Dwayne Kimble, Jr. v. Commonwealth of Virginia 08/02/2022
Trial court did not err in finding sufficient evidence to convict appellant of sodomy and object sexual penetration by force
0832211 Roger Leon Turner v. Commonwealth of Virginia 08/02/2022
Trial court did not err in finding appellant had violated Condition 7 of his probation where the drunk in public conviction evidenced that appellant’s drinking impacted his employment or behavior
0884211 Curtis Benjamin Harrell, III v. Commonwealth of Virginia 08/02/2022
Judgment affirmed where appellant’s argument about destruction of body camera footage was not properly preserved under Rule 5A:18; invitation to overturn Gagelonia v. Commonwealth is declined; sufficient evidence existed to prove appellant was driving the car and deny the motion to strike
0888211 Kevin Tyler v. Commonwealth of Virginia 08/02/2022
Trial court did not abuse its discretion in concluding the Commonwealth exercised due diligence to locate the primary witness and the preliminary hearing transcript was admissible at trial; the evidence was sufficient to convict appellant of strangulation; argument as to “inherently incredible” testimony barred by Rule 5A:18
1038211 Heath Nicholas Moison v. Commonwealth of Virginia 08/02/2022
Trial court did not abuse its discretion in refusing to admit alibi evidence presented without proper notice; appellant’s argument that the alibi evidence was proper to impeach the complaining witnesses barred by Rule 5A:18; evidence was sufficient to convict him of the charges; jury instruction was proper and supported by more than a scintilla of evidence
1076211 Crystal Lynn Olmstead v. City of Newport News Department of Human Services 08/02/2022
Judgment terminating appellant’s parental rights pursuant to Code § 16.1-283(C)(2) is affirmed
1106211 Demetrius Haywood Grimstead v. Commonwealth of Virginia 08/02/2022
Judgment is affirmed because appellant did not comply with Rule 5A:8 and a transcript or written statement of facts is indispensable to resolving the appeal
1112211 Lavar Quientez Dickerson v. Commonwealth of Virginia 08/02/2022
Appellant’s argument that the trial court erred in accepting his guilty plea is barred by Rule 5A:18 and neither the ends-of-justice nor good-cause exceptions apply; the trial court did not abuse its sentencing discretion because the sentence was within the statutory range
1151211 Heath Wade Briley v. Commonwealth of Virginia 08/02/2022
Trial court properly found sufficient evidence of “breaking” to convict appellant of burglary and sufficient evidence of value of the items stolen to convict appellant of grand larceny and larceny with intent to sell or distribute; exclusion of testimony that would have completed appellant’s statement to police is harmless error
0078221 Dakota Craig Russell v. Commonwealth of Virginia 07/26/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentences and resuspending them in part after his fourth revocation hearing, in which he admitted he repeatedly had violated the terms of his suspended sentences
0155222 Jennifer Lynn Leblanc v. Commonwealth of Virginia 07/26/2022
Trial court did not err in admitting video evidence after finding it to be properly authenticated, and its judgment was not plainly wrong as the evidence sufficiently proved appellant committed perjury; counsel’s Anders motion to withdraw is granted
0273222 Jacob Carrington Boyer v. Commonwealth of Virginia 07/26/2022
Trial court did not abuse its discretion by deviating from the sentencing guidelines after considering the totality of the circumstances of the hit and run case, including the severity of the victim’s injuries, appellant’s criminal history, and appellant’s history of non-compliance with probation
0710211 Lorri Denise Smith v. Commonwealth of Virginia and the City of Newport News 07/26/2022
No error in trial court’s finding that evidence was sufficient to prove appellant committed the offenses against the victim
0734214 John Doe v. Virginia Employment Commission, Aces Group LLC and Insperity Peo Services 07/26/2022
Trial court judgment affirmed where there was sufficient evidence appellant refused to obey a reasonable directive of his employer; VEC employee did not lie about authority for conducting depositions; trial court was not required to remand to VEC for a hearing on fraud by the employer; appellant’s remaining assignments of error are procedurally defaulted
0816212 Hector Enrique Valentin Loyol v. Commonwealth of Virginia 07/26/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the person who stabbed the victim
0840212 Rodney Allen Carpenter v. Commonwealth of Virginia 07/26/2022
No error in trial court’s finding that appellant possessed the firearm on his person immediately before the ATV crash
0975214 I Drive Smart Too, Inc. and Tom Pecoraro v. Commonwealth of Virginia Department of Motor Vehicles 07/26/2022
Trial court erred in finding that appellants violated Code § 46.2-1702 when it shifted its instruction to live online videoconference
0982214 Charles Henry Austin, III v. Commonwealth of Virginia 07/26/2022
Trial court did not abuse its discretion in sentencing appellant after he pled guilty to abduction with intent to defile where it weighed the mitigating and aggravating evidence, considered the discretionary sentencing guidelines, and gave a written explanation for its departure from those guidelines
1100214 Eugenia Marie Lucas v. Ronald Anthony Lilley and Patricia Knight Lilley 07/26/2022
Trial court did not err in allowing the adoption of the child where Code § 63.2-1205 is not unconstitutional and appellant’s due process rights were not violated
1419211 Crystal Faye Ward v. Commonwealth of Virginia 07/26/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant committed unlawful wounding
0589214 Brian D. Bailey v. Amy K. Sarina 07/19/2022
Trial court did not err in awarding sole legal custody and primary physical custody of the parties’ child to appellee or in ordering appellant to pay of the guardian ad litem fees
0713212 William David Rogers v. Commonwealth of Virginia 07/19/2022
Judgment of trial court denying motion to suppress and motion to disqualify prosecutor, and finding sufficient evidence to convict appellant of abduction and felon-in-possession charges is affirmed; no abuse of discretion in departing from sentencing guidelines; appellant’s argument related to admission of unadjudicated conduct at sentencing barred by Rule 5A:18
0747212 Christy Lee Payne v. Prince Edward County Department of Social Services 07/19/2022
Judgment of trial court terminating appellant’s parental rights to her children affirmed where appellant’s parental unfitness argument barred by Rule 5A:18 and evidence was sufficient to prove that termination was in the children’s best interest
0835212 Francisco Beltran Perez v. Commonwealth of Virginia 07/19/2022
Judgment of trial court affirmed where appellant’s sufficiency of the evidence argument barred by Rule 5A:18 and trial court did not abuse its discretion in sentencing appellant
0918211 Shawn William White v. Commonwealth of Virginia 07/19/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was involved in each of the alleged crimes based on appellant’s exclusive possession of recently stolen property after his identification from a store security video by a detective who knew him
0921213 Joey Dewayne Roach v. Commonwealth of Virginia 07/19/2022
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the stolen boats; trial court did not abuse its discretion in admitting the victim’s testimony as to the value of the stolen property
1007212 Kristen Inglese v. Albemarle County Department of Social Services 07/19/2022
No error in trial court’s orders finding appellant abused or neglected her child where appellant did not challenge trial court’s finding that the neglect was caused by the unreasonable absence or the mental or physical incapacity of the child’s parent, appellee made reasonable efforts, and there was no less drastic remedy available.
1042211 Justin Lavar Nunley v. Commonwealth of Virginia 07/19/2022
Trial court did not abuse its discretion in setting the sentence upon the revocation of appellant’s suspended sentences
1064211 Christopher Lee Bailey v. Commonwealth of Virginia 07/19/2022
Trial court did not abuse its discretion in revoking suspended sentences in their entirety when appellant pled guilty to 4 new offenses and conceded he had violated the terms of the suspended sentences; counsel’s Anders motion to withdraw is granted
1084212 Sabre Abdul Sykes, Sometimes Known as Sa'bre Sykes v. Commonwealth of Virginia 07/19/2022
Appellant’s arguments challenging an evidentiary ruling and the sufficiency of the evidence waived under Rules 5A:18 and 5A:20 respectively; trial court did not abuse its discretion in sentencing appellant
1114212 Channiece Argean Rose v. Commonwealth of Virginia 07/19/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of violating Code § 18.2-371.1(B) when she consumed alcohol, failed to properly restrain one of her children in the car, drove fast on a curved road while using a cell phone, and caused an accident that ejected the children from the vehicle, for which they sustained injuries
1152211 Michael Jason Hemmis v. Commonwealth of Virginia 07/19/2022
Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove appellant was in constructive possession of the drugs and contributed to the delinquency of a minor; any error by trial court in admitting appellant’s sex offender status harmless
1161214 Rodney Randolph Thompson v. Commonwealth of Virginia 07/19/2022
Trial court did not abuse its discretion in sentencing appellant where nothing in the record suggests the trial court imposed a more severe sentence because of the misstatement made by the trial court
1203213 Jamil Yasin Fate v. Commonwealth of Virginia 07/19/2022
No error in trial court’s finding that evidence was sufficient to prove committed strangulation of the victim, assaulted and battered a household member, and had possession of a firearm and ammunition as a felon
1420211 Glenn Allen Duck, Jr. v. Commonwealth of Virginia 07/19/2022
Judgment of trial court placing appellant back on supervised probation after the revocation of his suspended sentence affirmed where appellant waived any such claim by agreeing with the action taken by the trial court
0001223 Steven Tyler McCracken v. Commonwealth of Virginia 07/12/2022
The assignment of error by counsel and three of the assignments of error by appellant cannot be addressed due to the lack of a timely-filed transcript or written statement of facts; appellant’s claim of ineffective assistance of counsel is not reviewable on appeal; and there is no merit to the issue raised regarding Code § 19.2-306; counsel’s motion to withdraw is denied
0028221 James Ryan Saunders v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion when it sentenced appellant to one year of incarceration, as that did not exceed the high end of the sentencing guidelines, as provided by the plea agreement
0201212 Hardik Sureschchandra Patel v. Commonwealth of Virginia 07/12/2022
No error in trial court’s finding that the Commonwealth did not intentionally provoke a mistrial and appellant’s constitutional protections against double jeopardy were not violated; trial court did not err in denying appellant’s motion to strike where the evidence was sufficient for the jury to find that the witness did not have prescriptions for the drugs appellant sold
0520212 Jermaine Antoine Coleman v. Commonwealth of Virginia 07/12/2022
Appellant’s conviction affirmed where the exclusionary rule did not require suppression of the evidence in this case as previously determined by the Court in a pretrial appeal
0648212 Jeremy Wayne Dodge v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence considering his extensive criminal record and poor performance on probation; appellant’s claim that the trial court erred by failing to ask him to enter a plea is waived pursuant to Rule 5A:18; counsel’s Anders motion to withdraw is granted
0783211 Gregory Keith Turner v. Commonwealth of Virginia 07/12/2022
No error in trial court’s finding that evidence was sufficient to prove appellant possessed a firearm; appellant’s argument regarding the admission of hearsay evidence barred by Rule 5A:18
0784211 Justin Paul Chevalier v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence on an adequate and independent legal basis, failing to report to the probation officer as directed, which is not contested; appellant only argued he should not have been revoked based on the theory that he absconded
0830213 Charles Leroy Holman v. Commonwealth of Virginia 07/12/2022
Trial court did not err in declining further inquiry into defense counsel’s alleged conflict of interest or in denying appellant’s motion to suppress his statements to the officer before being given Miranda warnings
0892214 Kenneth E. Wingfield, III v. Commonwealth of Virginia 07/12/2022
Trial court did not err in denying appellant’s motion in limine to exclude evidence from another theft or in finding evidence sufficient to identify appellant as one of the perpetrators; appellant’s argument regarding the trial court’s decision to strike a prospective juror barred by Rule 5A:18
0894213 Antone Floyd Prochaska v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion in revoking appellant’s sentences in their entirety and running them concurrently based on his repeated failures to comply with the terms and conditions of his probation over a considerable number of years
0936211 John F. Spruill v. Rae Watts Spruill 07/12/2022
No error in trial court’s finding that the “shareholder provisions” term in the parties’ property settlement agreement is ambiguous and that appellant failed to comply with the terms of the parties’ property settlement agreement and ordering him to pay appellee
1054192 Greg Eugene Minitee, a/k/a Gregory Eugene Minitee v. Commonwealth of Virginia 07/12/2022
Upon Remand from the Supreme Court – judgment of trial court affirmed where appellant’s constitution and speedy trial rights were not violated and the trial judge did not abuse his discretion in denying motion seeking his recusal
1075212 Sekou T. Diallo v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion by upwardly departing from the sentencing guidelines and appellant’s invitation to abandon existing precedent in this case is declined; counsel’s Anders motion to withdraw is granted
1191211 Michael Henry Dibella v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion by upwardly departing from the sentencing guidelines and revoking 2 years of his suspended sentence after appellant accumulated two convictions concerning his child; counsel’s Anders motion to withdraw is granted
1245211 Rashid Balil Ebron v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion by imposing an active sentence upon the revocation of his suspended sentence
1313211 Justin Michael Kelley v. Commonwealth of Virginia 07/12/2022
The trial court had subject matter jurisdiction to revoke appellant’s suspended sentences at a 2019 revocation hearing and his attempt to now challenge the court’s active jurisdiction is barred by Rule 5A:18; no abuse of discretion by the court as to the amount of time revoked
1414211 Lemare Rhae Shaun Tynes v. Commonwealth of Virginia 07/12/2022
Trial court did not abuse its discretion when it imposed its sentence because the court considered the evidence offered in mitigation and did not exceed the statutory range
0208223 Dustin Chase Wilson v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion in revoking 3 months of a suspended sentence after appellant violated the terms of his probation; counsel’s Anders motion to withdraw is granted
0636212 Trevell Maurice Saul v. Commonwealth of Virginia 07/05/2022
Trial court did not err in admitting the police report at the probation revocation hearing where the police report satisfied the reliability test and appellant failed to show any prejudice from his inability to cross-examine the officer who authored the report
0779214 Dustin W. Foltz, s/k/a Dustin William Foltz v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion in sentencing appellant to active incarceration following his sixth probation violation
0789214 Anthony Alexander Natale v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion in admitting contested evidence
0804212 Dondre D. Thorpe v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion when imposing its sentence in the revocation hearing
0823211 Andre Perry, a/k/a Aundre Perry, s/k/a Aundre Dwayne Perry, Et Al. v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion sentencing appellant to 15 years in prison after appellant entered a guilty plea on distribution of heroin; no abuse of discretion in revoking appellant’s suspended sentence; counsel’s Anders motion to withdraw is granted
0859212 Chandrell Latrice Bugg v. Commonwealth of Virginia 07/05/2022
Judgment of trial court affirmed where appellant failed to timely file a transcript or statement of facts indispensable to Court’s ability to decide one assignment of error; appellant assigned error regarding ineffective assistance of counsel; and appellant’s fourth assignment of error did not identify a particular error by the trial court; counsel’s Anders motion to withdraw is granted
0927212 Andrew Hoffman Black v. Commonwealth of Virginia 07/05/2022
Trial court did not err in sentencing appellant in excess of the range recommended by the sentencing guidelines for his rape conviction because the court considered the guidelines and imposed a sentence within the range set by the legislature
0948212 James Reid v. Commonwealth of Virginia 07/05/2022
Trial court’s judgment was not plainly wrong as the evidence sufficiently proved appellant assaulted and battered a corrections officer; appellant’s not guilty plea was knowingly, intelligently, and voluntarily given; counsel’s Anders motion to withdraw is granted
1017212 Randy Wayne Gholson, Jr. v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion in sentencing appellant on his convictions of burglary, grand larceny, and possession of ammunition by a felon to terms within the range set by the Virginia legislature
1034212 Jade Tatiana Baine v. Commonwealth of Virginia 07/05/2022
Trial court did not err when it treated the dismissal of a 2020 indictment for assault and battery of a police officer as a dismissal without prejudice and convicted appellant of a 2021charge for the same offense
1129212 Brandon Lamont Winston v. Commonwealth of Virginia 07/05/2022
Appellant’s argument that there was insufficient evidence to convict him of strangulation barred by Rule 5A:18; the trial court did not abuse its discretion when imposing its sentence
1150211 Lowell Charles Johnson v. Commonwealth of Virginia 07/05/2022
Trial court had sufficient cause to revoke the suspended sentence; there was no abuse of discretion
1159212 Antoine Leon Minor v. Commonwealth of Virginia 07/05/2022
Appellant’s argument that the evidence was insufficient to sustain his convictions after he entered a plea of nolo contendere does not challenge the trial court’s jurisdiction, thus the argument is waived; counsel’s Anders motion to withdraw is granted
1206212 Dondre D. Thorpe v. Commonwealth of Virginia 07/05/2022
Trial court did not abuse its discretion when imposing its sentence in the revocation hearing
1209212 Hasaan S. Williams v. Commonwealth of Virginia 07/05/2022
Appellant’s argument that the trial court considered irrelevant evidence in a proffer during argument on sentencing is barred by Rule 5A:18; trial court did not abuse its discretion in revoking appellant’s suspended sentence
0077224 James Davis v. Commonwealth of Virginia 06/28/2022
Trial court did not abuse its discretion in admitting a written appellate opinion regarding appellant’s conviction and the direct testimony from a victim of a previously adjudicated crime
0125221 Katie Furbee v. Virginia Beach Department of Human Services 06/28/2022
Judgment of trial court affirmed where appellant failed to timely file a transcript of statement of facts indispensable to Court’s ability to decide assignments of error raised on appeal
0161211 Dwayne Lamont Sample, Jr. v. Commonwealth of Virginia 06/28/2022
Trial court did not err in denying appellant’s motion to suppress the out-of-court identification of appellant or in allowing the victim to identify appellant in court as the robber; evidence was sufficient to identify appellant as the perpetrator
0206214 Marques Dominick Johnson v. Commonwealth of Virginia 06/28/2022
No error in trial court’s finding that evidence was sufficient to prove appellant had been on the property in violation of the victim’s protective order
0666211 Anthony Dwayne Valentine, Jr. v. Commonwealth of Virginia 06/28/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and not resuspending any of it; counsel’s Anders motion to withdraw is granted
0756213 Megan Lin Harner v. Commonwealth of Virginia 06/28/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant willfully inflicted both inhumane and serious bodily injury upon the dog and Code § 3.2-6570(F) is broad enough to support a conviction based on inaction or omission
0769214 Marcos Oswaldo Chavarria Bermudez v. Commonwealth of Virginia 06/28/2022
Trial court erred in denying appellant’s motion to suppress his statements to the officers where he unequivocally invoked his right to counsel; as evidence was sufficient to support appellant’s convictions of aggravated sexual battery, convictions are reversed and remanded to the trial court if the Commonwealth so chooses
0797213 Richard Andrew Huffman v. Commonwealth of Virginia 06/28/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant willfully inflicted both inhumane and serious bodily injury upon the dog and Code § 3.2-6570(F) is broad enough to support a conviction based on inaction or omission
0960214 Clifton Antony Grant v. Toni Gail Walters 06/28/2022
Judgment of trial court denying appellant’s motion to modify custody and visitation, denying appellant’s motion to hold appellee in contempt, refusing appellant’s request to change the child’s name, and leaving in place the restriction preventing appellant from noticing appellee for hearing on his motions affirmed
1029214 Nolan Marcus Forness, II v. Commonwealth of Virginia 06/28/2022
Trial court did not err in admitting testimony on appellant’s performance on field sobriety tests, in admitting the blood test results, in admitting evidence of appellant’s prior DUI conviction during the guilt phase, and in instructing the jury; any error in admitting appellant’s incriminating statements harmless; appellant did not prove a due process violation
1088214 Mark Lewis Jenkins v. Commonwealth of Virginia 06/28/2022
Trial court did not abuse its discretion in sentencing appellant on his convictions of breaking and entering and grand larceny and the revocation of his suspended sentences
1128211 Gary Richard Hansen v. Ellen Cheryl Hansen 06/28/2022
Trial court did not err in granting appellee’s motion to strike where the trial court correctly interpreted the contractual definition of marriage; trial court did not abuse its discretion by excluding the deposition of appellant’s witness
1169211 Anthony Terrell Johnson v. Commonwealth of Virginia 06/28/2022
Trial court did not err in denying the motion to suppress where the firearm’s discovery was not the result of any police seizure or attempted pat down but as a result of his flight from the police and his fall; evidence was sufficient to prove appellant, a violent felon, possessed the firearm
1170211 Kaden Bockelman v. Millers Landscaping Sprinkler and Builders Mutual Ins. Co. 06/28/2022
Commission erred in finding appellant had no right to pursue payment for expenses incurred in the course of his treatment with a third-party medical provider
1195214 Shavonne Dominique Israel, s/k/a Shavonne Israel v. Commonwealth of Virginia 06/28/2022
Appellant’s arguments that trial court erred in dismissing her appeal for lack of jurisdiction because she appealed a motion to reconsider and that trial court erred by not having an evidentiary hearing barred by Rule 5A:18
0008214 Dominic Alex Nunez v. Commonwealth of Virginia 06/21/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the driver of the vehicle and that appellant was intoxicated at the time he drove the vehicle to the place the officer found appellant asleep in the driver’s seat
0132221 Commonwealth of Virginia v. Bobby Eugene Branch 06/21/2022
Trial court did not err in granting appellee’s motion to suppress where the totality of the circumstances did not provide officers with probable cause to search the vehicle – the open container of alcohol without evidence appellee consumed it and the presence of the decriminalized marijuana did not amount to probable cause to search
0525214 Armando Dagoberto Reyes Reyes v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion in admitting the exhibits regarding appellant’s social media accounts, in excluding a statement made by a witness that was not an exited utterance or in denying a jury instruction; any error in admitting expert opinion about gang membership harmless; evidence sufficient to support appellant’s convictions
0841212 Kristopher Ryan Smith v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion in sentencing appellant on the revocation of his suspended sentences under the previous version of Code § 19.2-306 that applied at the time of appellant’s revocation hearing
0915211 Melvin Lee Paige, Jr. v. Commonwealth of Virginia 06/21/2022
No error in trial court’s finding that evidence was sufficient to prove appellant used deception or intimidation, without legal justification or excuse, to seize, take or detain the three-year-old victim with the intent to withhold or conceal her from a person lawfully entitled to her charge
0944212 Mario Aristides Rivas-Marquez v. Commonwealth of Virginia 06/21/2022
Trial court did not err in revoking and imposing the remainder of appellant’s sentence where the plea agreement appellant entered into allowed for the imposition of the balance of the sentence upon his re-entry to the United States; counsel’s Anders motion to withdraw granted
0963211 Atlas Barrow v. City of Norfolk Department of Human Services 06/21/2022
Trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1 283(C)(2) where appellant failed to remedy conditions leading to the child’s placement and continuation in foster care; appellant’s argument that trial court erred in overruling his objection to the relevancy of his termination from employment waived under Rule 5A:20(e)
0964211 Atlas Barrow v. City of Norfolk Department of Human Services 06/21/2022
Trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1 283(C)(2) where appellant failed to remedy conditions leading to the child’s placement and continuation in foster care; appellant’s argument that trial court erred in overruling his objection to the relevancy of his termination from employment waived under Rule 5A:20(e)
0966211 Atlas Barrow v. City of Norfolk Department of Human Services 06/21/2022
Trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1 283(C)(2) where appellant failed to remedy conditions leading to the child’s placement and continuation in foster care; appellant’s argument that trial court erred in overruling his objection to the relevancy of his termination from employment waived under Rule 5A:20(e)
0967211 Atlas Barrow v. City of Norfolk Department of Human Services 06/21/2022
Trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1 283(C)(2) where appellant failed to remedy conditions leading to the child’s placement and continuation in foster care; appellant’s argument that trial court erred in overruling his objection to the relevancy of his termination from employment waived under Rule 5A:20(e)
1044213 Felix Martinez Pacheco v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion in imposing an active sentence on appellant upon the revocation of his suspended sentences
1141212 Kathryne Hampshire Foster v. Larry Allen Foster, Jr 06/21/2022
Trial court did not err in classifying the stock as appellee’s separate property and in awarding lump sum spousal support to appellant; appellant’s argument that the trial court did not accommodate her claimed disability during trial barred by Rule 5A:18
1166211 Kwaku Oti Acheampong v. Commonwealth of Virginia 06/21/2022
No error in trial court’s finding that appellant acted with malice when appellant struck the victim in the head with a wine bottle and intentionally paused to give the victim time to defend himself and then struck the victim again
1198212 Jeremy L. Perry, s/k/a Jeremy Lee Perry v. Commonwealth of Virginia 06/21/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of grand larceny; counsel’s Anders motion to withdraw is granted
1332212 Ian Gabriel Hunt v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion by imposing the maximum sentence for each of appellant’s convictions
1379212 Antonio Emmanuel Rice v. Commonwealth of Virginia 06/21/2022
Trial court did not abuse its discretion in imposing sentence on appellant for the revocation of his suspended sentence
0082221 Commonwealth of Virginia v. Tony Curtis Spivey 06/14/2022
Trial court did not err in granting the motion to suppress after finding that the initially consensual encounter between the officer and appellee crossed to a seizure
0195214 Bradford T. Cellucci v. Commonwealth of Virginia 06/14/2022
Petition for rehearing en banc granted
0654212 Jered Cody Pope, s/k/a Jared Cody Pope v. Commonwealth of Virginia 06/14/2022
Trial court did not abuse its discretion in finding the testimony of the confidential informants that appellant sold them methamphetamine credible; counsel’s Anders motion to withdraw granted
0716211 Daryl Wayne Hogg v. Commonwealth of Virginia 06/14/2022
Judgment of trial court affirmed where appellant failed to provide a timely-filed transcript or written statement of facts necessary to resolve the sufficiency of the evidence argument raised on appeal
0746213 Robbie Oren Allen v. Commonwealth of Virginia 06/14/2022
Judgment of trial court affirmed where appellant failed to timely file a transcript or written statement of facts necessary to permit resolution of assignments of error raised on appeal; counsel’s Anders motion to withdraw as counsel denied
0792211 Jesse Lee Barber v. Commonwealth of Virginia 06/14/2022
No error in trial court’s finding that evidence was sufficient to prove appellant detained the victim against her will with acts of force and intimidation that were separate and apart from, and not merely incidental to, the robbery and credit card thefts
0836214 Kimberley Anne Prentice, f/k/a Kimberley Anne Cook v. Brian Christopher Cook 06/14/2022
Trial court did not err in denying appellant’s motion to relocate and transferring primary physical custody of the parties’ children to appellee; argument regarding attorney fee award waived as appellant failed to file a transcript of statement of facts of that hearing
0908211 Jeffery Terry Snow, IV, s/k/a Jeffrey Terry Snow, IV v. Commonwealth of Virginia 06/14/2022
No error in trial court’s finding that evidence was sufficient to find appellant acted with malice and that he instigated the attack on the victim
0924212 Teon Monte Valentine v. Commonwealth of Virginia 06/14/2022
No error in trial court’s finding that evidence was sufficient to prove appellant touched an intimate part of the minor victim with the requisite intent
1048213 Phillip Clay, Jr. v. Virginia Employment Commission 06/14/2022
Trial court did not err in upholding appellee’s denial of benefits to appellant where evidence was sufficient to support the appellee’s finding of misconduct
1087212 Robert J. Cook v. Commonwealth of Virginia 06/14/2022
Trial court did not abuse its discretion in refusing to strike a statement from the psychosexual evaluation report at sentencing; counsel’s Anders motion to withdraw as counsel granted
1218211 Travis Cleave Howell v. Commonwealth of Virginia 06/14/2022
Judgment of trial court revoking appellant’ suspended sentence affirmed where Court will not apply the ends of justice exception to Rule 5A:18 to conduct a proportionality review of appellant’s sentence; counsel’s Anders motion to withdraw as counsel granted
1281211 Andrew Sturdy v. Commonwealth of Virginia 06/14/2022
Trial court did not err in denying appellant’s motion to strike where it found the testimony of the victim that appellant had twice assaulted and battered her credible
1286211 Nygel Tyler Gass v. Commonwealth of Virginia 06/14/2022
No error in trial court’s finding that the victim’s testimony was credible and sufficient to prove appellant struck and choked the victim; counsel’s Anders motion to withdraw granted
0093222 Quintia Patterson, Sometimes Known As Quintia N. Patterson v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in denying appellant pretrial bail
0629212 Matthew P. Serri, s/k/a Matthew Paul Serri v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in denying appellant’s motion in limine seeking to exclude appellant’s testimony from a prior trial because that testimony fell under an exception to the bad acts rule and was not unduly prejudicial
0630212 Matthew P. Serri, s/k/a Matthew Paul Serri v. Commonwealth of Virginia 06/07/2022
Judgments of trial court convicting appellant of breaking and entering and malicious wounding affirmed where eyewitness testimony for sufficient for jury to conclude appellant committed the offenses
0782212 Eric Dominique Taylor Lynch v. Commonwealth of Virginia 06/07/2022
No error in trial court’s finding that evidence was sufficient to prove appellant drove the vehicle while under the influence and was aware of the presence and character of the methamphetamine and that it was under his dominion and control
0786213 Edward L. Gilkes, Jr., s/k/a Edward Lee Gilkes, Jr. v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in imposing an active term of incarceration after revoking appellant’s suspended sentence
0883213 Roger Lee Rawlings, Jr. v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in imposing the balance of appellant’s suspended sentence after finding appellant violated the terms of probation
0941214 Shrilrey Lorenzo Carter, s/k/a Shirley Lorenzo Carter v. Commonwealth of Virginia 06/07/2022
No error in trial court’s findings that appellant’s trial date did not exceed the speedy trial statute and that appellant’s acts carried an actual or imputed intent by law to assault the officer
0951212 Vinson L. Holmes, Jr. v. Commonwealth of Virginia 06/07/2022
Judgment of trial court affirmed where evidence was sufficient for jury to convict of abducting one of the victims, of committing conspiracy to commit robbery, and to show appellant was a willing participant in the crimes committed
0995211 James Ernest Logan v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in admitting the statements of a co-conspirator or in admitting the expert’s testimony; appellant’s sufficiency of the evidence arguments barred by Rule 5A:18
1047211 John Richard Akers v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in revoking a portion of appellant’s previously suspended sentences and imposing an active sentence after considering any mitigating evidence appellant presented
1053212 Deion Lincoln Smallwood v. Commonwealth of Virginia 06/07/2022
Judgment of trial court affirmed where evidence was sufficient for jury to conclude that appellant did not act in self-defense but had an unreasonable fear of danger that caused him in the heat of passion of use deadly force against the victim
1089214 Lawrence Wood, Jr. v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in sentencing appellant as the sentences were within the statutory ranges; no error in trial court’s finding that appellant had fraudulent intent when he accepted the down payment for construction work
1102214 Amjad Eman v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in denying appellant’s motion for bail where trial court had probable cause to believe appellant’s liberty would constitute an unreasonable danger to the public
1201212 Ivan Paul Bishop v. Commonwealth of Virginia 06/07/2022
Trial court did not err in finding evidence sufficient to prove appellant violated his suspended sentences
1385212 Kevin Alton Robinson v. Commonwealth of Virginia 06/07/2022
Trial court did not abuse its discretion in sentencing appellant to an active term of incarceration outside of the guidelines presented to the trial court
0300211 Anfernee Malik Wiggins v. Commonwealth of Virginia 05/31/2022
Trial court did not abuse its discretion in denying post-conviction bail on the ground appellant’s liberty would constitute an unreasonable danger to the public
0358211 Montreaz A. Berry v. Commonwealth of Virginia 05/31/2022
Trial court did not err in denying appellant’s motions to strike and to set aside the verdict where the evidence was sufficient for jury to conclude appellant was guilty of felony murder
0687213 Cheryl Jones v. Roanoke City Department of Social Services 05/31/2022
No error in trial court’s finding that it was not in the children’s best interests to place them with appellant and instead approve the foster care goal of adoption
0812211 Charles Robert Foster v. Commonwealth of Virginia 05/31/2022
Trial court did not abuse its discretion in sentencing appellant as the sentence was within the statutory range for aggravated malicious wounding; counsel’s Anders motion to withdraw is granted
0853213 Mariah Rodriguez Roberts v. Roanoke City Department of Social Services 05/31/2022
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B)
0903213 Daniel Brice Crouse v. Commonwealth of Virginia 05/31/2022
Trial court did not err in finding it lacked jurisdiction to entertain appellant’s motion to vacate
0939212 Robert Sherman Hendricks v. Commonwealth of Virginia 05/31/2022
Judgment of trial court affirmed where record does not include a timely filed transcript or written statement of facts necessary to permit the Court to resolve appellant’s assignment of error; counsel’s Anders motion to withdraw is denied
0965211 Jerome Lyons, Jr. v. Commonwealth of Virginia 05/31/2022
Judgment of trial court affirmed where nothing in record undermines trial court’s finding, appellant has failed to demonstrate a miscarriage of justice, and Rule 5A:18 bars consideration of argument on appeal; counsel’s Anders motion to withdraw granted
0979212 John Cornelius Jones v. Commonwealth of Virginia 05/31/2022
Trial court did not err in revoking appellant’s sentence and the sentence imposed represents a proper exercise of trial court’s discretion, counsel’s Anders motion to withdraw is granted
1037211 Karen Clevonne Frazier v. Commonwealth of Virginia 05/31/2022
Trial court did not abuse its discretion in fixing appellant’s sentence, counsel’s Anders motion to withdraw is granted
1236214 Gabriel Blue v. Michels Corporation and XL Speciality Insurance Co. 05/31/2022
No error in Commission’s finding that appellant did not meet his burden of proving a causal connection between his alleged disability and the work incident
1361211 Ryan Brandon Little v. Commonwealth of Virginia 05/31/2022
Trial court did not abuse its discretion in denying appellant’s pro se motion for reconsideration of sentence, counsel’s Anders motion to withdraw is granted
0061221 Commonwealth of Virginia v. Christopher Francis Martinez 05/24/2022
Trial court did not err in granting the motion to suppress evidence and statements where the officers illegally seized appellee and once illegally seized, he could not consent to the search and that search violated the Fourth Amendment
0552213 Robin Greer Quintana, a/k/a Robin Lynn Pugh v. Commonwealth of Virginia 05/24/2022
Judgment of trial court affirmed where evidence was sufficient to prove appellant exceeded the bounds of permission to use the vehicle and her lawful use was converted to an unlawful use
0673213 Shannon Myers Tipton v. Commonwealth of Virginia 05/24/2022
Trial court did not err in denying appellant’s pre-trial motion to dismiss the felony murder indictment or in merging the conviction under Code § 18.2-369 into the felony murder for purposes of sentencing
0715212 Carl Allge Wilkins v. Commonwealth of Virginia 05/24/2022
Trial court did not err in refusing to strike the testimony of a witness; evidence supported jury’s finding that appellant was the perpetrator
0730211 Michael Eugene Lacey v. Commonwealth of Virginia 05/24/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant’s identity as the perpetrator
0736211 Miguel Jesus Villarreal v. Commonwealth of Virginia 05/24/2022
Trial court did not err in denying appellant’s motion to strike and motion to set aside the verdict where the evidence was sufficient to prove committed the offenses within the timeframe stated in the indictments; trial court did not err in striking potential juror for cause where her statements indicated she would have struggled to apply firmly established Virginia law
0764212 Antoine L. Dean, s/k/a Antwon Dean v. Commonwealth of Virginia 05/24/2022
No error in trial court’s finding that evidence was sufficient to prove appellant had possession of the drugs found in his vehicle
0821211 Jonathan O. Mayo, s/k/a Jonathan O'neil Mayo v. Commonwealth of Virginia 05/24/2022
Judgment of jury convicting appellant of object sexual penetration and aggravated sexual battery affirmed; trial court did not err in denying appellant’s various post-trial motions; appellant’s arguments regarding some motions waived under Rule 5A:18 or Rule 5A:20
0895211 Jonah Dwight Sims v. Commonwealth of Virginia 05/24/2022
Trial court did not abuse its discretion in deciding that justice did not require separate trials where evidence of each event would have been admissible in the trial of the other; appellant’s argument regarding sufficiency of the evidence waived an indispensable transcript was not timely filed
1056213 Barry Samuel Camden v. Commonwealth of Virginia 05/24/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and departing from the revocation sentencing guidelines
1113214 Selena Garibaldi v. Fauquier County Department of Social Services 05/24/2022
Trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption pursuant to Code § 16.1-283(C) and finding that termination was in the child’s best interest
1235211 APM Spine & Sports Physicians v. City of Virginia Beach 05/24/2022
Commission did not err in applying a contractual fee limitation provision for bills for medical services provided to an injured employee of appellee where the plain language of the contract indicates the parties intended the fee limitation to apply to all medical services provided by appellant
1248214 Alba S. Garcia v. Fairfax County Public Schools v. Fairfax County Public Schools 05/24/2022
No error in Commission’s denial of permanent total disability benefits after finding that appellant’s evidence did not prove her left knee injury was a compensable consequence of her compensable right knee injury
1374214 Selena Garibaldi v. Fauquier County Department of Social Services 05/24/2022
Trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption pursuant to Code § 16.1-283(C) and finding that termination was in the child’s best interest
1375214 Selena Garibaldi v. Fauquier County Department of Social Services 05/24/2022
Trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption pursuant to Code § 16.1-283(C) and finding that termination was in the child’s best interest
0195214 Bradford T. Cellucci v. Commonwealth of Virginia 05/17/2022
Trial court abused its discretion in finding appellant failed to prove any mitigating circumstances and in failing to consider all mitigating circumstances evidence in appellant’s motion to reconsider sentence
0464212 Nolan Marcus Forness, II v. Commonwealth of Virginia 05/17/2022
Appeal dismissed where there is no final conviction order in this case for this Court to review
0562212 Tyshawn Lee Brown v. Commonwealth of Virginia 05/17/2022
Judgment of trial court convicting appellant of abduction affirmed where any variance between the allegations in the indictment and the crime proved is not fatal as appellant was not prejudiced by the indictment as written and the inclusion of victim’s child in the indictment was merely a duplicitous charge; sufficiency of evidence to support firearm conviction barred by Rule 5A:18
0573214 Hamidreza Ghazavi v. Commonwealth of Virginia 05/17/2022
Trial court did not err in finding the victim’s testimony more credible that appellant’s testimony and that the evidence was sufficient to sustain appellant’s conviction of assault and battery
0578211 Stacy Tyrone Davis, Jr. v. Commonwealth of Virginia 05/17/2022
Trial court did not err in denying appellant’s motion to suppress where appellant was lawfully detained when the officer saw the firearm in plain view in appellant’s pocket as appellant got out of the vehicle
0670213 Joey Edward Eanes v. Commonwealth of Virginia 05/17/2022
No error in trial court’s finding that evidence was sufficient to prove appellant threw the drugs from his vehicle while fleeing law enforcement
0680212 Joseph Eugene Smith v. Commonwealth of Virginia 05/17/2022
Trial court abused its discretion in refusing appellant funds to bring an appropriate expert to testify regarding appellant’s susceptibility to give a false confession and to permit appellant to be evaluated regarding his impaired cognitive symptoms
0690211 Guadalupe Zeledon Diaz v. Commonwealth of Virginia 05/17/2022
Trial court did not err in finding the victim’s testimony credible or in finding the evidence was sufficient to prove appellant’s criminal intent
0704212 Timothy Lamont Johnson v. Commonwealth of Virginia 05/17/2022
No error in trial court’s finding that appellant possessed the nearly ten pounds of marijuana with the intent to distribute to it rather than for personal use and that appellant’s evidence did not prove he possessed the marijuana with the intent to distribute it as an accommodation
0735211 Sacario Arquez Frink v. Commonwealth of Virginia 05/17/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was one of the persons who committed the offenses
0750211 Cornell Ulysses Smith, Jr. v. Commonwealth of Virginia 05/17/2022
Trial court did not err in revoking appellant’s suspended sentence and imposing an active sentence where the evidence established appellant violated the conditions of his probation
0776211 Maqual Talik Cobbs v. Commonwealth of Virginia 05/17/2022
Trial court did not abuse its discretion in admitting the financial statements and recognizance forms bearing appellant’s forgeries of victim’s signature into evidence and the evidence was sufficient to prove appellant signed all the public documents in question
0869211 D'Niqua Keshae Williams v. Commonwealth of Virginia 05/17/2022
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and imposing a portion where the evidence established appellant violated the condition of probation by failing to maintain contact with her probation officer
1116211 Jokita Harvey v. Commonwealth of Virginia 05/17/2022
Judgment of trial court convicting appellant of assault reversed where there was no overt act by appellant and words alone are not sufficient to constitute an assault
1279204 Douglas Vernon Johnson, Jr. v. Commonwealth of Virginia 05/17/2022
Judgment of trial court affirmed where trial court did not abuse its discretion in excluding appellant’s expert’s testimony regarding appellant’s mental status at time of offenses, any error by trial court in excluding testimony of appellant’s prior suicidal behavior harmless, and appellant has not established a deprivation of his right to a public trial
1396211 Ta'Kuan Keontay Bingham, a/k/a Takuan Keontay Bingham v. Commonwealth of Virginia 05/17/2022
Trial court did not err in denying appellant’s motion to withdraw his guilty pleas where appellant failed to make a prima facie showing of a reasonable defense
0531213 George Louis Henry, IV v. Commonwealth of Virginia 05/10/2022
No error in trial court’s finding that evidence was sufficient to prove appellant intended to permanently deprive the victim of the chain and that the victim’s testimony was more credible than appellant’s testimony; as evidence was sufficient to convict appellant, trial court did not err in revoking appellant’s suspended sentences
0555213 Henry Broderick Pack v. Commonwealth of Virginia 05/10/2022
No error in trial court’s finding that appellant constructively possessed the shotgun found in the cab of the truck he had recently occupied
0566213 Derrick Lashawn Wright v. Commonwealth of Virginia 05/10/2022
Trial court did not abuse its discretion in denying appellant’s motion for a mistrial where appellant failed to prove a Brady violation; no error in trial court’s finding evidence was sufficient to prove appellant sold cocaine to the informant on three occasions
0586212 Andrea Rose Boggs v. Commonwealth of Virginia 05/10/2022
Judgment of trial court revoking appellant’s suspended sentence affirmed where trial court did not improperly weigh appellant’s mitigation factors and appellant did not show she suffered actual prejudice from the denial of her motion for a continuance
0619211 Rontrell J. Banks v. Commonwealth of Virginia 05/10/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the driver of the vehicle who identified himself as someone else and signed that person’s name on eight summonses
0633212 Tommy Lee Lamouroux v. Commonwealth of Virginia 05/10/2022
Judgment of trial court affirmed where appellant waived his arguments on appeal for his noncompliance with Rule 5A:20(e)
0744214 Melanie Sue Odell v. Commonwealth of Virginia 05/10/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was in constructive possession of the drugs found in her purse; appellant’s argument that the evidence failed to prove she had the requisite intent to distribute the cocaine barred by Rule 5A:18
0794211 Dontay Milsap v. Commonwealth of Virginia 05/10/2022
Trial court erred in convicting appellant of burglary where there is a fatal variance between the indictment and the evidence presented at trial
0826211 Allen Jamal Ralph v. Commonwealth of Virginia 05/10/2022
Judgment of trial court affirmed where appellant never indicated any issue when the trial court accepted his plea agreement and didn’t move to withdraw his guilty pleas and the trial court imposed the exact sentence outlined in the written plea agreement
0986213 Mickey Wilson v. Russell County Department of Social Services 05/10/2022
No error in trial court’s finding evidence was sufficient to terminate appellant’s parental rights to his child under Code § 16.1-283(C)(2); appellant’s challenge to the trial court’s exercise of jurisdiction waived under Rule 5A:18
1154213 Glenn Rich v. Facebook Inc. VA OCIP, Chubb Indemnity Ins. Co. and Esis, Inc. 05/10/2022
No error in Commission’s finding that principles of res judicata barred appellant from litigating matters he neglected to raise at his earlier evidentiary hearing
1289204 Orayl Dale Vonte Ingram v. Fairfax County Department of Family Services 05/10/2022
Trial court did not err in terminating appellant’s parental rights to his children where appellant failed to substantially remedy conditions leading to children’s placement and continued placement in foster care and evidence was sufficient to prove termination was in children’s best interest
0451212 Jessica Ann McCauley v. Commonwealth of Virginia 05/03/2022
Judgment of trial court revoking appellant’s suspended sentences affirmed
0676214 Jason Walker, s/k/a Jason Keith Walker v. Commonwealth of Virginia 05/03/2022
Trial court did not abuse its discretion in admitting the training receipt; evidence was sufficient for jury to conclude that appellant concealed multiple items in the Target bags, paid for two items and walked out of the store without paying for the other items
0852213 Matthew Blake Knighton v. Commonwealth of Virginia 05/03/2022
No error in trial court’s judgment convicting appellant of failure to appear based on his no contest plea, did not attempt to withdraw the plea, and did not object to his conviction or in sentencing appellant within the statutory ranges for reckless driving and failure to appear
1020212 David Parker v. City of Petersburg 05/03/2022
Judgment of trial court convicting appellant of violating a city ordinance affirmed where appellant never took the necessary steps to avail himself of the “religious purposes” exemption to the ordinance requiring a permit for anyone to erect a sign within the city
1051204 Dale Andrew Wolfe v. Commonwealth of Virginia 05/03/2022
Conviction of second-degree murder affirmed where any error by the trial court in refusing to instruct jury on involuntary manslaughter harmless given the overwhelming evidence to support appellant’s conviction
1167213 Goodyear Tire & Rubber Company and Liberty Insurance Corporation v. Jeffrey Foley 05/03/2022
Commission did not err in finding the opinions of appellee’s treating physician credible and those opinions provided a sufficient evidentiary basis for the award of benefits to appellee
1225212 Ashley Stone Cousins v. John William Brandt and Beverley Anne Brandt 05/03/2022
No error in trial court’s finding that adoption was in the child’s best interest and that appellant had withheld consent to the adoption contrary to the child’s best interest
1285212 Christopher C. Cassidy v. Virginia Museum of Fine Arts 05/03/2022
Judgment of trial court affirming the hearing officer’s decision upholding appellant’s termination affirmed
0091212 Preston Giles Edwards v. Commonwealth of Virginia 04/26/2022
No error in trial court’s finding that evidence was sufficient to prove appellant acted with malice and had the requisite intent to maim, disfigure, disable or kill the victim
0397212 Tiffany Byrd Ellis v. Sussex Department of Social Services 04/26/2022
Appeal dismissed insofar as it pertains to appellant’s contention this Court erred in denying an extension of time to file the written statement of facts in the trial court; judgment of trial court denying appellant an extension of time to file the statement of facts and terminating appellant’s parental rights to her children affirmed
0419212 Albert Benjamin Owen, III v. Commonwealth of Virginia 04/26/2022
No error in trial court’s finding that appellant failed to immediately stop at the scene of the accident where nothing in the record suggests that stopping in his own driveway was an immediate stop or that appellant’s driveway was the first safe place to park the truck
0490212 Anayah Daily, S/K/A Anayah Naree Daily v. Commonwealth of Virginia 04/26/2022
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was an accessory before the fact to the first-degree murder of the victim and shared the principal’s criminal intent; trial court did not abuse its discretion in admitting the Commonwealth’s exhibit of the Instagram messages
0509212 Maria Goodman v. Commonwealth of Virginia 04/26/2022
Trial court did not err in denying appellant’s motion to strike, and the evidence was sufficient for the jury to conclude that the fires were incendiary rather than accidental and that appellant intended to set the fires and had the requisite malice
0553212 Jaquan R. Tucker v. Commonwealth of Virginia 04/26/2022
Judgments affirmed where appellant failed to prove he was prejudiced by the suppression of evidence by the Commonwealth, the trial court did not abuse its discretion in denying appellant’s motion for a new trial, and there is no basis to overturn the revocation of appellant’s suspended sentences
0560211 Lawrence Roosevelt Smith v. Commonwealth of Virginia 04/26/2022
Appellant’s conviction of first-degree murder affirmed where trial court did not abuse its discretion in denying appellant’s motion for a mistrial and the jury’s finding that appellant acted with premeditation was not plainly wrong or without evidentiary support
0661211 Emmanuel Laquan Lassiter, S/K/A Emmanuel Laquaunn Lassiter v. Commonwealth of Virginia 04/26/2022
No error in trial court’s finding that evidence was sufficient to prove appellant knew or should have known the accident involved personal injury and that he willfully failed to appear at his court date
0669212 Clarence Albert Mahoney v. Commonwealth of Virginia 04/26/2022
Judgment of trial court finding evidence to support conviction of strangulation affirmed where evidence supported a rational finding that, without the victim’s consent, appellant impeded blood circulation or respiration resulting in bodily injury
0798213 Roger Lee Compton, Jr. v. Commonwealth of Virginia 04/26/2022
Sentence imposed by trial court upon revocation of his suspended sentence represents a proper exercise of its sentencing discretion; arguments raised by appellant pro se are without merit; counsel’s motion to withdraw is granted
1027214 Stephanie Denise Hillmon v. Commonwealth of Virginia 04/26/2022
Judgment of trial court affirmed where the trial court’s rejection of appellant’s testimony provided affirmative evidence appellant was fully aware she dragged the dog across the intersection on its side; assignment of error challenging amendment of indictment barred by Rule 5A:18
1061211 Alvin Franklin, III v. Newport News Department of Human Services 04/26/2022
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(E)(iii) based on his assault of his stepdaughter; argument regarding admissibility of the surveillance video not addressed where the video was admitted into evidence and was not played at trial
0480212 Travis James Gant v. Commonwealth of Virginia 04/19/2022
Trial court erred in sentencing appellant without a presentence report where after the plea agreement ceased to exist appellant had a right to a presentence report and did not waive that right
0597212 Devontay Teshorn Browder v. Commonwealth of Virginia 04/19/2022
No error in trial court’s finding that the totality of the evidence proved appellant was present during the robbery and was the driver of the vehicle during the entire incident
0607212 Toni Sue Stacey v. Commonwealth of Virginia 04/19/2022
Judgment of trial court affirmed where the trial court had authority to order the disposal of the dog and appellant had previously assented to such disposal
0657213 Anthony Wayne Edmonds v. Commonwealth of Virginia 04/19/2022
Appellant’s failure to object to the videotaped interview at trial waived his right to challenge the trial court’s consideration of it on appeal; no error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the illegal images found on the computer
0774212 Gregory Bishop v. Commonwealth of Virginia 04/19/2022
No error in trial court’s finding that evidence was sufficient for a rational fact finder to conclude that appellant’s face was touching the victim’s vaginal area and that he intended to perform oral sex on the victim and that he touched the victim with the intent to sexually gratify either the victim or himself
0930212 Edward William Coles, Jr. v. Commonwealth of Virginia 04/19/2022
No error in trial court’s finding that evidence was sufficient to prove appellant entered the victims’ home with the intent to commit a larceny or felony therein and intended to permanently deprive one of the victims of his firearm
0947212 David Shelton Holt v. Commonwealth of Virginia 04/19/2022
No error in trial court’s finding that appellant acted with malice and had the requisite intent to maim, disfigure, disable or kill the victim, that appellant strangled the victim, and that the strangulation caused the victim bodily injury
1015213 David Lamberti Botos v. Kara Shannon Burchinal Botos 04/19/2022
Judgment of trial court denying appellant’s requests to modify his child support obligation and custody arrangements affirmed
1058214 Russell Rankin v. Asplundh Tree Expert Co. and Liberty Insurance Corporation 04/19/2022
No error in Commission’s finding that appellees met their burden to show appellant’s present injuries were not causally related to appellant’s compensable workplace accident
0124213 Charles Raymond Arrington v. Commonwealth of Virginia 04/12/2022
Appellant’s conviction of unauthorized use of a vehicle affirmed where evidence established appellant’s use of the fire truck without the department’s consent; appellant’s argument that he did not intend to temporarily deprive department of possession not encompassed in his assignment of error
0705213 Ryan Berry v. Roanoke City Department of Social Services 04/12/2022
Trial court did not err in terminating appellant’s parental rights to his child after finding from the evidence that the appellee made reasonable and appropriate efforts under the circumstances to remedy the conditions that required foster care placement; appellant’s hearsay objection waived where same facts were admitted without objection as part of another exhibit
0725213 Charity Elizabeth Beverly v. Commonwealth of Virginia 04/12/2022
Judgment of trial court denying appellant’s motion to suppress affirmed where trial court found good faith exception applied; evidence was sufficient to prove appellant possessed the drugs found in her residence
0985214 Keeley Reid v. Warren County Department of Social Services 04/12/2022
No error in trial court’s finding that termination of appellant’s parental rights to her child was in child’s best interests and that appellant failed to remedy the conditions that led to removal of the child notwithstanding appellee’s reasonable and appropriate efforts to assist appellant
0401211 Delano Grangruth v. Commonwealth of Virginia 04/05/2022
Trial court did not err in denying appellant’s motion to suppress where the entry of the government officials was not unreasonable within the meaning of the Fourth Amendment and the good faith exception allowed officers to rely on the warrant to search the premises
0448213 David Joseph Cecil v. Commonwealth of Virginia 04/05/2022
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas after finding appellant failed to present a reasonable defense to warrant withdrawal
0540213 Gene Raymond Locke v. Commonwealth of Virginia 04/05/2022
Judgment of trial court as to one count of shoplifting by altering tags third offense affirmed as it was not challenged in the trial court; judgment of trial court as to one count of shoplifting by altering tags third offense reversed where evidence was insufficient to prove appellant was the one who placed the incorrect price tags on the merchandise
0609213 Philip Cody Franklin v. Commonwealth of Virginia 04/05/2022
No error in trial court’s finding that Commonwealth’s evidence established a prima facie case of breaking and entering where appellant had possession of items stolen from the home less than twenty-four hours after the burglary
0652213 Michael Earl Ferguson v. Commonwealth of Virginia 04/05/2022
Trial court did not err in not crediting appellant’s alibi or his alibi witnesses and finding the Commonwealth’s evidence sufficient to prove appellant possessed a firearm and was the shooter
1028212 Raheem Supreme Chambliss v. Commonwealth of Virginia 04/05/2022
Trial court did not abuse its discretion in denying appellant’s motion for a continuance and appellant has failed to show that he was prejudiced
1177213 Matthew Connor v. Kelly Lyons f/k/a Kelly Connor 04/05/2022
Judgment of trial court affirmed where Court cannot consider appellant’s assignment of error without a transcript or written statement of facts in lieu of a transcript
0333213 Corey M. Stowers v. Georgia Pacific, LLC and Old Republic Insurance Company of North America 03/29/2022
Commission did not err in construing and applying Code § 65.2-309 in denying appellant’s request to exclude non-compensable damages from the amount of the third-party recovery subject to appellees’ right of subrogation
0534213 Mary Haley Scott v. Commonwealth of Virginia 03/29/2022
No error in trial court’s finding that the evidence was sufficient to show that appellant intended to permanently deprive the victim of his property and that the value of the property exceeded $500; any error in the trial court’s refusal to allow counsel to question victim about pawnshop records harmless
0637213 Raymond Travis Swinson, Sr. v. Commonwealth of Virginia 03/29/2022
No error in trial court’s finding that evidence was sufficient to prove appellant knowingly and willfully, without justifiable excuse, endangered the incapacitated victim’s health and safety
0641212 Anthony J. Slayton, s/k/a Anthony Jerome Slayton v. Commonwealth of Virginia 03/29/2022
No error in trial court’s finding that appellant acted as a principal in the first degree when he was shooting the gun out of the front passenger seat of the vehicle
0671213 Joseph Lawrence Hill v. Commonwealth of Virginia 03/29/2022
Jury could reasonably conclude that appellant intentionally bit the deputy given the duration and force of the bite and appellant’s demeanor and the surrounding circumstances
0700213 Antwan Marchello Stone v. Commonwealth of Virginia 03/29/2022
No error in trial court’s finding that the Commonwealth’s evidence was sufficient to prove appellant’s identity as the shooter
0854213 Holland Coleman v. Pamela Coleman 03/29/2022
Appeal dismissed where the trial court’s refusal to incorporate the parties’ property settlement agreement into the divorce decree is not an appealable interlocutory ruling
1110213 Commonwealth of Virginia v. Melvin Keith Noaks 03/29/2022
Trial court erred in granting appellee’s motion to suppress where the record fails to establish that appellee had a reasonable expectation of privacy in the apartment to allow him to assert Fourth Amendment protections related to the officer’s entry into and subsequent search of the apartment
0549211 Daryl Edward Decroix v. Commonwealth of Virginia 03/22/2022
No error in trial court’s finding that evidence was sufficient to prove appellant committed an assault upon the officer
0848214 Ricardo Tinoco-Rivera v. Commonwealth of Virginia 03/22/2022
Any error by trial court in refusing to allow appellant to cross-examine the victim’s mother on possible bias or motivation for testifying against him harmless in light of the overwhelming evidence of appellant’s guilt
0857214 Keith Billingsley, Jr. v. Commonwealth of Virginia 03/22/2022
Trial court did not abuse its discretion in denying appellant’s motion for pretrial bail
0910213 Megan Faye Beeman v. Commonwealth of Virginia 03/22/2022
Trial court did not abuse its discretion by resuspending four years of appellant’s previously suspended five-year sentence based on appellant’s new felony offense and other probation violations
1268201 Raymond Alexander Martin v. Commonwealth of Virginia 03/22/2022
Trial court did not abuse its discretion in finding appellant failed to demonstrate that he had the requisite good faith to withdraw his guilty pleas
0112212 Jonathan Ross Hawker v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was the criminal agent that stole the victim’s property
0315213 Justin Tre Carter v. Commonwealth of Virginia 03/15/2022
Trial court erred in finding evidence was sufficient to show appellant constructively possessed the ammunition or the marijuana; as the now-reversed convictions may have affected sentence imposed on appellant’s probation revocation sentence, that matter is remanded for resentencing
0460214 Alexandra Mulvey v. Gerald Philip Rhoads and Linda MacNally 03/15/2022
Trial court erred in finding the record established a sufficient level of parental unfitness to justify terminating appellant’s parental rights to her child; judgment granting the adoption petition and associated name change request reversed
0582211 Oras Paul Freeman v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of unlawful wounding where the physical evidence was inconsistent with appellant’s testimony as to the incident
0622211 Matthew Montrail Mills, a/k/a Mathew Montrail Mills v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that appellant had the requisite intent when he spat and kicked at the officers; appellant’s argument regarding intent with regard to scratching one of the officers barred by Rule 5A:18
0793211 Edward Hines Sigler v. Commonwealth of Virginia 03/15/2022
No error in trial court’s finding that evidence was sufficient to infer from appellant’s possession of the stolen goods that the committed the burglaries and larcenies
0803211 Davon Rashad Lewis v. Commonwealth of Virginia 03/15/2022
Trial court did not err in denying appellant’s motions to strike where the evidence was sufficient to prove that appellant committed larceny and conspired to commit burglary; appellant never made a motion to strike the burglary charge
0931211 Tyrese Sentell Warren v. Commonwealth of Virginia 03/15/2022
No error in trial court’s findings that appellant acted with malice and not in the heat of passion when he stabbed he unarmed victim and that appellant was the aggressor and did not act in self-defense
0266213 Andre Pierre Beal v. Commonwealth of Virginia 03/08/2022
Trial court did not err in finding appellant knowingly and intelligently possessed cocaine residue found in the rolled up dollar bill appellant dropped when he exited the vehicle
0456212 Commonwealth of Virginia Department of Corrections v. Jacoby Garrett 03/08/2022
Trial court erred in remanding the case back to the hearing officer so it could develop a factual record outside the scope of the issues presented to the hearing officer in the first hearing so the hearing officer could make additional findings on an issue that was not in the record of the grievance proceedings
0529213 Stephanie Nichole Penn v. Commonwealth of Virginia 03/08/2022
Trial court did not abuse its discretion in admitting the videotape and the knife into evidence; evidence was sufficient to prove appellant’s actions were sufficient to prove that appellant placed the child at a distinct risk of actual physical harm and displayed a reckless disregard for human life
0645213 Jennifer Johnson, Widow of David Johnson v. General Dynamics Corp. and New Hampshire Ins. Company 03/08/2022
Commission did not err in finding appellant failed to establish her husband suffered an identifiable compensable injury; appellant cannot recover under a negligent first-aid theory because that claim is either a compensable consequence claim when the initial claim is denied or time-barred
0763211 Jordan Severance Banks v. Commonwealth of Virginia 03/08/2022
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions for burglary and grand larceny where appellant had exclusive, unjustified possession of the stolen property shortly after the burglary
0796212 Commonwealth of Virginia Department of Corrections v. Jacoby Garrett 03/08/2022
As the order remanding the case back to the hearing officer is reversed, appellee no longer has substantially prevailed on the merits of his case; matter also remanded to the trial court to make a ruling on attorney fees based on whether appellee substantially prevails on remand
0822213 James Yarbrough, Jr. v. Firewater Transport. LLC and Federated Mutual Insurance Company 03/08/2022
Commission did not err in denying appellant’s claim for temporary disability benefits during a specific time frame where it found appellant did not adequately market his residual work capacity during that time
1275202 Jequan Vonta Taylor v. Commonwealth of Virginia 03/08/2022
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the cocaine and firearm in the vehicle
0134213 Keisha Nicole Moser v. Commonwealth of Virginia 03/01/2022
Trial court did not err in excluding exculpatory evidence from one of appellant’s witnesses where appellant did not prove the witness was unavailable to testify at trial
0518213 Edna Michelle Napier v. Wise County Department of Social Services 03/01/2022
Trial court did not err in terminating appellant’s parental rights to her three children after finding termination was in the best interests of the children and that appellant had failed to substantially remedy the conditions which led to foster care placement within a reasonable period of time; the evidence is sufficient to support the trial court’s findings
0523212 Randolph Eugene Smith v. Commonwealth of Virginia 03/01/2022
Evidence was sufficient for jury to conclude that appellant did not act in self-defense and acted with premeditation and supported their verdict of first-degree murder and use of a firearm in commission of a felony in the murder of his stepson
0684211 Jalen Rashon Parker v. Commonwealth of Virginia 03/01/2022
Trial court did not err in finding the evidence, taken together, was sufficient to establish that appellant had previously been convicted of an offense that would be a felony if committed by an adult
0741211 Marquell Lamont Bailey s/k/a Marquel Lamont Bailey v. Commonwealth of Virginia 03/01/2022
No error in trial court’s finding that appellant’s prior conviction for possession with intent to distribute an imitation controlled substance qualified as a predicate offense triggering the enhanced penalty provision under Code § 18.2-248(C)
0743213 Travis Wilton Radford v. Bedford County Department of Social Services 03/01/2022
Judgment of trial court terminating appellant’s parental rights and approving the foster care goal of adoption affirmed where appellant’s failure to challenge one of the subsections under which his parental rights were terminated moots the challenge to the other subsections under which his parental rights were terminated
0754214 Robert Lee Elliott v. Mary Ellen Bailey Elliott 03/01/2022
Trial court did not abuse its discretion in the award of spousal support award to appellee where there is no evidence the trial court did not consider a relevant factor or considered an irrelevant or improper factor
0755213 Jessica Margaret Sites-Long v. Radford City Department of Social Services 03/01/2022
Trial court’s termination of appellant’s parental rights to her children affirmed where she did not preserve under Rule 5A:18 her argument regarding the sufficiency of the evidence to terminate her parental rights and neither exception to Rule 5A:18 applies in this case
1391203 Barbara Nicole Wood v. Commonwealth of Virginia 03/01/2022
No error in trial court’s finding that evidence was sufficient to prove appellant was driving the truck when it struck the pole and did not notify the owner of the damaged property and that appellant constructively possessed the methamphetamine in the glass smoking pipes found in the glovebox of the truck
0081212 Lester Louis Labarge v. Commonwealth of Virginia 02/22/2022
No error in trial court’s finding that evidence was sufficient to convict appellant of involuntary manslaughter and reckless driving
0577212 Jeremy Wayne Dodge v. Commonwealth of Virginia 02/22/2022
No error in trial court’s finding that evidence was sufficient to prove appellant impeded the victim’s respiration by knowingly, intentionally, and unlawfully applying pressure to her neck and that his actions resulted in bodily injury to the victim
0672213 Matthew Ryan Scott v. Commonwealth of Virginia 02/22/2022
No error in trial court’s finding evidence was sufficient to prove appellant knowingly and intentionally possessed the methamphetamine and fentanyl found in the vehicle
0955213 Sarah Nicole Myers v. Bedford County Department of Social Services 02/22/2022
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(2)
1376202 Linwood Gequan Walden v. Commonwealth of Virginia 02/22/2022
Trial court did not abuse its discretion in denying appellant’s request for funds to hire a mitigation expert for sentencing where appellant failed to demonstrate a particularized need for expert assistance
0576211 Christopher Nolan Vines v. Commonwealth of Virginia 02/15/2022
No error in trial court’s finding that evidence was sufficient to find appellant was aware of the gun found in his bedroom and that the gun was within his dominion and control
0714214 William J. Gulley v. Jennifer R. Brinkley, f/k/a Jennifer R. Gulley 02/15/2022
Trial court did not err in granting appellee’s motion to strike, denying appellant’s request to relocate the children, where it found the parties’ temporary agreed change in custody did not rise to a material change in circumstances
0048211 Danielle Coker v. City of Hampton Department of Social Services 02/08/2022
No error in trial court’s termination of appellant’s parental rights after finding termination was in the best interests of the children and DD made reasonable efforts to find relative placements
0402212 Theresa Jean Wiziarde v. Anthony Maurice Warren 02/08/2022
Trial court did not err in conducting a hearing solely on appellant’s appeal of the order denying her motion for appellee’s supervised visitation where she failed to inform the trial court of her appeal of the order granting appellee increased visitation
0458213 Daniel James Stark v. Commonwealth of Virginia 02/08/2022
No error in trial court’s finding evidence was sufficient to support appellant’s conviction of felony property damage; as evidence was sufficient to support the felony conviction, Code § 19.2-151 was inapplicable
0499211 Edward C. Lewis v. Commonwealth of Virginia 02/08/2022
No error in trial court’s finding that appellant constructively possessed the firearm found in the back seat of the vehicle in which he was the sole occupant
1254201 Danielle Coker v. City of Hampton Department of Social Services 02/08/2022
No error in trial court’s finding that the permanency planning goal of relative placement/adoption was in the children’s best interests
0477214 John K. Leo v. Dannah A. Leo 02/01/2022
As Court reversed the judgment pertaining to the military retired pay order, the spousal support award must be recalculated
0478214 John K. Leo v. Dannah A. Leo 02/01/2022
Trial court erred in entering an order requiring appellant to indemnify appellee for any military retired pay waived as a result of a disability election and prohibiting appellant from making any election that in any way adversely affected the amount of the military retired pay
0559213 Tammy Lynn Graham v. Bedford County Department of Social Services 02/01/2022
Judgment of trial court terminating appellant’s parental rights to her children affirmed where termination was in the children’s best interests
0685214 Brandi M. Maly v. Trenton J. Maly 02/01/2022
Trial court erred in dividing appellee’s military retirement pay using a denominator that does not comply with federal law or this Court’s precedent; trial court did not err in excluding appellee’s expert witness’ testimony
0719214 Truteam and Ace American Insurance v. Gloria C. DeQuintanilla 02/01/2022
Commission did not err in awarding temporary total disability benefits to appellee
1440203 Michael Randolph Vaughan v. Commonwealth of Virginia 02/01/2022
Trial court did not err in refusing to admit appellant’s “impeachment” evidence as it was irrelevant and inadmissible hearsay; trial court did not err in finding evidence was sufficient to prove appellant had the requisite intent to support his convictions of attempted murder and aggravated malicious wounding
0232214 Sharon E. Robertson v. Ricky Wes Loy 01/25/2022
Trial court did not err in interpreting sections of the premarital agreement concerning the disposition of certain real property and the distribution of marital property upon divorce; trial court erred in setting the amount of debt on the BMW Property as of March 9, 2019
0570214 Charles E. Hayes, Jr. v. Virginia Department of Motor Vehicles 01/25/2022
Trial court did not err in affirming the hearing officer’s decision terminating appellant’s employment as he received all the due process that he was due under the State Grievance Procedure and the decision was not contradictory to law
0783203 Catherine Nicole Chittum v. Commonwealth of Virginia 01/25/2022
No error in trial court’s finding that evidence was sufficient to support appellant’s grand larceny conviction where appellant transferred funds to herself outside the scope of and contrary to the duties she owed her mother as her agent pursuant to a power of attorney and her mother testified that the transfer of funds was not a gift
0318214 Zaaki Restaurant and Cafe, LLC v. VA Department of Housing and Community Dev., etc., et al. 01/18/2022
Trial court did not err in upholding the agency decision to revoke appellant’s certificate of occupancy
0585214 Colleen Leyrer v. Reza Hajiha 01/18/2022
Trial court erred in classifying the $70,020 as appellee’s separate property instead of appellant’s separate property where under Code § 20-107.3(1)(A)(i) appellant was the party who acquired the funds prior to the parties’ marriage
0689213 Piedmont Foundry Supply Inc. and Central Mutual Insurance Company v. Aaron Penn 01/18/2022
No error in Commission’s determination that appellants did not establish the requisite probable cause that a change in condition occurred with respect to appellee’s continuing disability for a hearing on the termination of appellee’s disability benefits
0721213 Marvin Patrick Bryson v. Grayson County Department of Social Services 01/18/2022
No error in trial court’s finding that termination of appellant’s parental rights was in the child’s best interests
1249204 Lisa Schulken Bartosch v. Commonwealth of Virginia 01/18/2022
Trial court did not abuse its discretion in denying appellant’s motion to withdraw her guilty plea after finding that appellant contractually relinquished the ability to withdraw the plea under Code § 19.2-296
0135213 Adrian Edgar Ibanez v. Commonwealth of Virginia 01/11/2022
Trial court did not err in finding evidence was sufficient to prove appellant was operating the vehicle on a public highway when it rolled over and thus did not err in admitting the certificate of analysis or in finding evidence was sufficient to prove appellant operated a motor vehicle under the influence of alcohol
0224212 John Michael Phillips v. Commonwealth of Virginia 01/11/2022
Judgment of trial court finding evidence sufficient to prove appellant had the requisite intent to defraud affirmed; appellant raised no assignment of error in his opening brief with regard to conviction of felony failure to appeal
0416212 Nashwan Ali Gubari v. Commonwealth of Virginia 01/11/2022
Trial court did not err in denying the motion to suppress where the facts, viewed together, provided reasonable suspicion to allow the officer to briefly extend the detention of appellant and the rental car for additional investigation; appellant’s challenge to sufficiency of the evidence barred by Rule 5A:18
0606213 Carol A. Shifflet v. Daniel P. Shifflet 01/11/2022
No error in trial court’s finding that the premarital agreement between the parties was valid and enforceable as appellant did not present clear and convincing evidence that the premarital agreement was the result of overreaching or oppressive influences
8888881 Cases Appealed to Supreme Court of Virginia 01/01/2022
0591214 Thomas C. Drose v. J. E. Richards Electrical Company and Old Republic Ins. Co. 12/21/2021
Commission did not err in denying appellant’s request to change his treating physician or in finding appellant failed to prove he suffered from temporary total disability
0660212 Carson Cole v. Mecklenburg County Department of Social Services 12/21/2021
Trial court did not err in terminating appellant’s parental rights to his child and finding that termination of those rights was in the child’s best interest
0420212 Career Development Center, Inc. v. Virginia Employment Commission 12/14/2021
Trial court did not err in affirming appellee’s determination that a claimant requesting unemployment benefits was an employee of appellant and not an independent contractor
0674214 Vanessa Renee Caison v. Culpeper County Department of Social Services 12/14/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)(i) after finding termination was in the child’s best interest and that appellant had previously had her rights terminated as to another child
1350201 Rudolph Alexander Watson v. Commonwealth of Virginia 12/14/2021
No error in trial court’s finding that evidence was sufficient to prove appellant possessed the baggie of cocaine found on the ground after the chase and that appellant had the intent to distribute that cocaine
0039212 Rebecca B. Hill v. John R. DeMott 12/07/2021
No error in trial court’s finding that appellant did not prove a material change in circumstances involving the parental decision-making process since entry of the final decree of divorce
0234212 Michael R. Crawley, Sr. v. Patricia Paige Crawley 12/07/2021
Trial court did not err in entering the January 2021 order recalculating the marital share of appellant’s retirement benefits owed to appellee where that order effectuated the expressed intent of the 2004 equitable distribution order and the trial court had jurisdiction to enter it under Code § 20-107.3(K)(4)
0304212 Diana M. Lyon v. John Richard Lyon 12/07/2021
Trial court did not err in requiring appellant to reimburse appellee for half of deferred profit sharing dividends, requiring appellant to reimburse appellee for money removed from the joint account or in denying attorney’s fees to appellee; trial court erred in requiring appellee to reimburse appellant for rent and household expenses
0321214 Adrienne Mallard v. Next Day Temps, Inc. and Accident Fund General Ins. Co. 12/07/2021
Summary affirmance – Commission did not err in denying appellant’s claims
0343214 Daniel Alan Frazier v. Commonwealth of Virginia 12/07/2021
Appellant’s challenge to his pleas of no contest was not raised in the trial court and is waived pursuant to Rule 5A:18
0462211 Rosemary Polozzi v. Virginia Beach City Public Schools and PMA Management Corporation 12/07/2021
Summary affirmance – Commission did not err in finding appellant’s claimed injuries had no causal connection to her compensable work accident
0605212 Katherine Valentine v. Commissioner of the Virginia Department of Social Services 12/07/2021
Summary affirmance – no error in trial court’s finding that evidence was sufficient to support appellee’s finding of founded physical abuse
0731212 Barrick L. McLemore, Jr. v. Richmond Department of Social Services 12/07/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
0336211 Dmitry Shvets v. Michele N. Shvets 11/30/2021
Summary affirmance – judgment of trial court regarding consent support order and attorney’s fees order affirmed
0599212 Commonwealth of Virginia v. Tyekh Chamon Davis 11/30/2021
Trial court erred in granting appellee’s motion to suppress where the officer had reasonable suspicion that appellee was armed and dangerous and an officer’s failure to communicate does not invalidate an otherwise proper pat down performed in the context of a lawful stop
0005211 Oliver J. Wade v. City of Hampton Department of Social Services 11/23/2021
Trial court did not err in finding that termination of appellant’s parental rights to his children was in their best interests and that appellant failed to remedy substantially the condition that led to the children’s placement in foster care
0418211 Ashley Williams v. City of Virginia Beach, Department of Human Services 11/23/2021
Summary affirmance – trial court did not abuse its discretion in dismissing appellant’s appeal of the orders terminating her parental rights and approving the foster care goal of adoption for her failure to appear in the circuit court for the scheduled trial
1416201 Amanda Wade v. City of Hampton Department of Social Services 11/23/2021
Termination of appellant’s parental rights to her children affirmed where evidence proved termination was in the children’s best interests and the trial court’s error in restricting appellant’s cross-examination of witness harmless
0254214 Kulvinder Kaur v. Gurbrinder Singh Dhillon 11/16/2021
Trial court did not abuse its discretion in terminating the spousal support award to appellant, in alternating the child tax credit, or in denying appellant’s request for attorney’s fees
0288214 Tamela Monique Tibbs v. Fairfax County Department of Family Services 11/16/2021
No error in trial court’s finding that termination of appellant’s parental rights was in the child’s best interest and that termination was appropriate pursuant to Code § 16.1-283(E)(i)
0340213 James Robert Rorrer v. Louise Underwood 11/16/2021
No error in trial court’s finding that adoption of the child was in the child’s best interests
0512212 County of Chesterfield v. Harry Overton, Jr. 11/16/2021
No error in Commission’s findings that the basis for termination offered in appellant’s application was limited to poor job performance and that appellee was entitled to temporary total disability benefits
0541213 Hank Smith, Jr. v. Harrisonburg Rockingham Social Services District 11/16/2021
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(iv) where the aggravated circumstances to which another of appellant’s children was subjected also applied to the child at issue in this case
1606191 Christine Hill v. Wayne Hill 11/16/2021
Trial court erred in interpreting Code § 8.01-428(B) to extend the ten-day deadline for appellee to file a notice of appeal from the juvenile and domestic relations district court’s decision and thus never acquired jurisdiction over that appeal; judgment of trial court vacated
0312212 George Thomasson, III v. Chesterfield County Department of Social Services 11/09/2021
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(1)
0382214 Jason Bird v. Gabriela Bird 11/09/2021
Appeal dismissed where the order appealed from is neither an appealable interlocutory order nor an order that adjudicates the principles of a cause in this case
0385213 David Lamberti Botos v. Kara Shannon Burchinal Botos 11/09/2021
Summary affirmance – trial court did not err in its division of the marital asset or in its award of attorney’s fees to appellee; as appellant cannot challenge rulings from a prior nonsuited case, those rulings are not addressed in this appeal
1355204 Tamica Monique Green, s/k/a Tamika Green v. Commonwealth of Virginia 11/09/2021
No error in trial court’s finding that evidence was sufficient to establish appellant’s knowledge of the nature and character of her vape pen’s contents
0423211 Peninsula Neurosurgical Associates, Inc. v. Zimmerman Marine Inc, et al. 11/03/2021
Decision of Commission upholding the deputy commissioner’s denial of appellant’s motion to compel production of certain unredacted contracts and its denial of appellant’s application for further reimbursement for medical services affirmed
0441213 Tracey Lee Burns v. Roanoke City Department of Social Services 11/03/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0713204 Stefan F. Gaye, s/k/a Donovan Rae v. Commonwealth of Virginia 11/03/2021
Trial court did not err in denying appellant’s motions for a continuance made the day before trial and the morning of trial or in trying him in his absence where appellant had notice of the trial date and knew that he would be tried in his absence if he failed to appear
0824202 Sterling Lafetta Clark, II v. Commonwealth of Virginia 11/03/2021
Trial court did not err in denying appellant’s motion to suppress where the officers had a reasonable and articulable suspicion of criminal activity to support the investigatory detention and the encounter remained an investigatory detention at the time of the challenged pat down and did not amount to an arrest
0142214 Karen Elizabeth Cain v. Thomas Mattison Cain 10/26/2021
Trial court did not err in refusing to award attorney’s fees to either party where neither party satisfied the “substantially prevail[ed]” term as set forth in the parties’ agreements
0230212 Raymond F. Kuzemchak v. Ellen L. Kuzemchak 10/26/2021
Judgment of trial court denying appellant’s motion to terminate spousal support affirmed where appellant’s arguments that trial court failed to comply with Code § 20-109(G) waived as he invited the exact error he now raises on appeal
0596213 Commonwealth of Virginia v. James Daniel Murphy 10/26/2021
Trial court erred in prematurely dismissing the Code § 46.2-391 indictments where neither the Double Jeopardy Clause nor Code § 46.2-357 precludes the Commonwealth from seeking convictions under both Code §§ 46.2-357 and 46.2-391 and the Fifth Amendment’s prohibition on multiple punishments can only occur at the penalty-determination phase of trial
0683212 Meisha Henley v. Henrico Department of Social Services 10/26/2021
Trial court did not abuse its discretion in denying appellant’s motion for a continuance and treating appellant’s appeal as withdrawn for her failure to appear at a hearing for which she had actual notice
1153201 Detrail Jacoby Stiff v. Commonwealth of Virginia 10/26/2021
Trial court did not err in denying appellant’s motion to reconsider where appellant did not provide a valid excuse for his failure to present the information in the motion during trial and trial court was in the best position to determine the significance of the information in the motion
0178212 Russell G. Richardson v. U. Toussaint Richardson 10/19/2021
Judgment of trial court awarding lump sum spousal support to appellee affirmed where trial court considered the relevant factors
0427214 Commonwealth of Virginia v. Joshua Lawrence Bowen 10/14/2021
Trial court erred in granting motion to suppress where it narrowed appellee’s waiver under a plea agreement between appellee and the Commonwealth and found the search violated terms that were not included in the express waiver
1270191 Samuel Leon Burgess v. Commonwealth of Virginia 10/12/2021
Trial court erred in finding evidence was sufficient to prove appellant willfully failed to appear for his trial
1436204 Vanessa Caison v. Culpeper County Department of Social Services 10/12/2021
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest and that the evidence supported termination under Code § 16.1 283(C)(2)
1437204 Vanessa Caison v. Culpeper County Department of Social Services 10/12/2021
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest and that the evidence supported termination under Code § 16.1 283(C)(2)
0236211 Chesapeake Public Schools v. Larena Anderson 10/05/2021
Commission did not err in finding the medical opinion of one physician was more persuasive than the opinion of another physician or in awarding temporary total disability benefits based on that medical opinion
0320213 Cheyenne Leigh Gillaspy v. Harrisonburg Rockingham Social Services District 10/05/2021
No error in trial court’s finding that the evidence was sufficient to find that termination of appellant’s parental rights was in the child’s best interest
0389212 Katherine Hazelwood, Administrator, ET AL. v. Via Satellite, Inc., ET AL. 10/05/2021
No error in Commission’s finding that appellant failed to establish by a preponderance of the evidence that his injuries arose from an actual risk of his presence on the street
0415214 Rodney Mitchell v. Weather Control, Incorporated and Accident Fund General Insurance Company 10/05/2021
Commission did not err in concluding appellant was not the beneficiary of a de facto award where there was no evidence of an actual agreement of stipulation between the parties regarding the compensability of the accident or in concluding appellant did not suffer a compensable injury by accident
0825201 Darrius Donta Copeland v. Commonwealth of Virginia 10/05/2021
Trial court did not err in denying appellant’s motions to strike and to set aside the verdict where the evidence was sufficient to prove appellant was the criminal agent who shot the victim and that he premeditated the victim’s murder
0876204 Edwin Giovanni Chavez Macias v. Commonwealth of Virginia 10/05/2021
Evidence was sufficient to support jury’s finding that appellant committed rape, sodomy, and animate object sexual penetration against a mentally incapacitated or physically helpless victim; no reversible error in trial court’s limiting of appellant’s closing argument where appellant substantially made that argument to the jury
0993202 Clinton Coleman s/k/a Clinton Damon Coleman v. Commonwealth of Virginia 10/05/2021
Trial court did not err in denying appellant’s motions to set aside the verdict and for a new trial where the evidence was sufficient to support appellant’s convictions and appellant did not meet his burden of showing the victim’s new testimony was material and warranted a new trial
1264201 Shecoria Janee Billups v. Commonwealth of Virginia 10/05/2021
No error in trial court’s finding that evidence was sufficient to prove appellant was operating the vehicle at the time of the accident
0371182 Samantha Ann Nicholson v. Albemarle County 09/28/2021
Trial court erred in finding evidence was sufficient to prove appellant had actual notice of her license suspension for an indefinite term and remained suspended at the time of the offense; upon appellee’s concession and independent review by the Court, the charge is reversed and dismissed
0827201 Terry Denise Omeni v. Commonwealth of Virginia 09/28/2021
Trial court’s award of restitution for itemized expenses incurred by the victim in the recovery of the vehicle affirmed; trial court’s award of restitution for unspecified expenses reversed
0093211 Tammy Anne Reinbold v. City of Newport News Department of Human Services 09/21/2021
Judgment of trial court terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2) affirmed
0268214 Ebony Lashay Smith a/k/a Ebony Manns-Smith 09/21/2021
Summary affirmance – no error in trial court’s finding that the evidence was sufficient to terminate appellant’s parental rights to her children and that the termination was in their best interests
0494211 Matthew Harris v. Suffolk Department of Social Services 09/14/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1-283(C)(2) after finding appellant had been unable to remedy the conditions leading to the child’s placement in foster care
0173212 Magic City Ford Lincoln Isuzu Trucks and Vada Group Self-Insurance Association v. Larry Kerr 08/31/2021
Commission did not err in finding appellee’s injuries arose out of his employment and in affirming the award of temporary total disability benefits to appellee
0328213 Dickenson-Russell Coal Company, LLC and Brickstreet Mutual Ins. Co. v. Larry Kiser 08/31/2021
Summary affirmance – No error in Commission’s award of total disability benefits to appellee where the evidence was sufficient to prove appellee was permanently and totally disabled under Code § 65.2-504(A)(4)
0354212 Richmond Public Schools, et al. v. Angela Coy 08/31/2021
Summary affirmance – no error in Commission’s finding that appellee sustained a compensable neck injury in her workplace accident
0359213 John Franklin Higgins v. Bedford County Department of Social Services 08/31/2021
Summary affirmance – trial court did not err in finding the paternal grandmother was not a viable placement option or in terminating appellant’s parental rights to his child and approving the foster care goal of adoption
1338202 Ananda K. Murthy v. Frito Lay, Inc. and Indemnity Insurance Company of N. America (Ina Ins) 08/31/2021
Summary affirmance – Court finds appellant’s arguments waived for his failure to comply with Rules 5A:20 and 5A:25
0301214 Michael Allen Clark, Sr. v. Culpeper County Department of Social Services 08/17/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children and approving the foster care goal of adoption
1075203 Brandi Starr Floyd v. Commonwealth of Virginia 08/17/2021
No error in trial court’s finding that appellant did not have the victim’s permission to use the credit cards and that the payments made to appellant were not legitimate wages or loans
1255201 Lorin Cotton v. City of Hampton Department of Social Services 08/17/2021
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion for a continuance or err in finding the child was abused or neglected and that the evidence was sufficient to remove the child from the home
1345202 Mark Wayne Walter, A/K/A Tiger David Darling v. Ludmilla Walter 08/17/2021
No error in trial court’s award of spousal support to appellee where desertion is not a bar to spousal support and appellee did not desert appellant when she sought a protective order
0057213 Mary Ann Cooper v. Bristol Virginia Department of Social Services 08/10/2021
Summary affirmance – trial court did not err in changing the foster care goal and finding that a goal of adoption was in the child’s best interests
0113211 Carole Anne Filyaw v. City of Virginia Beach Department of Human Services 08/10/2021
Trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption
0197212 Commonwealth of Virginia v. Zavia Ramon Murphy 08/10/2021
Trial court erred in finding appellee’s constitutional rights to a speedy trial were violated
0062213 Samantha Colleen Coward v. Tina Louise Joseph and Michael A. Joseph 08/03/2021
Trial court did not err in determining it had jurisdiction to consider this adoption petition as this case was not a parental placement adoption and neither parent consented to the adoption so the juvenile court did not have subject matter jurisdiction to address whether the parent’s consent was being withheld contrary to the best interests of the child
0109213 Amanda Clements v. Augusta Health and Safety First Insurance Co. 08/03/2021
No error in Commission’s finding that as appellant suffered a pre-existing functional loss of use of her lower right extremity, appellees were entitled to a credit and the Commission did not err in awarding appellant permanent partial disability based on the 25% rating attributable to the workplace injury
0889204 Ghyslaine Mendez Belmonte, s/k/a Ghyslaine Mendez-Belmonte v. Commonwealth of Virginia 08/03/2021
Trial court did not err in denying appellant’s motion to withdraw her guilty pleas after finding there was no manifest injustice
1128202 Theresa Weaver Young v. Commonwealth of Virginia 08/03/2021
No error in trial court’s finding that evidence was sufficient to find an atmosphere of intimidation that sufficiently satisfied that element of appellant’s robbery conviction
1392201 Jon S. Wheeler v. Kimberly R. Wheeler 08/03/2021
Trial court did not err in finding appellant in contempt where the evidence showed appellant did not act in good faith and did not use his best efforts to remove appellee’s name from the real property at issue, in awarding appellee attorney’s fees under the separation agreement, or in denying appellant’s request for attorney’s fees
1430202 William G. Fendley, IV. v. Rachel B. Fendley 08/03/2021
Trial court did not abuse its discretion in denying appellant’s motion for a continuance, using an alternate valuation date for valuing appellant’s retirement account, apportioning the tax debt, and in awarding appellant a child support credit
0037214 Alan H. Nielsen v. Jacqueline M. Nielsen 07/27/2021
Trial court did not err in allowing as an expense in the calculation of spousal support money given by appellee to her mother where that support had been a longstanding part of the marriage finances and continued when the original spousal support determination was made
0133213 Steven B. Gilman v. Stephanie Hostetter Shobe 07/27/2021
Judgment of trial court sustaining appellee’s demurrer to appellant’s amended complaint affirmed where appellant failed to allege facts sufficient to sustain a claim of extrinsic fraud or fraud upon the court
0622201 Donald H. Creef, III v. Marindy L. Creef 07/27/2021
Trial court erred in entering the final decree nunc pro tunc and in ordering appellant to “maintain” a new life insurance policy; trial court did not err in fashioning the portions of the equitable distribution award relating to the marital residence, the vehicles, and various financial accounts , in awarding attorney’s fees to appellee or in the findings regarding child and spousal support
1252202 Josey M. Noblin v. Halifax County Department of Social Services 07/27/2021
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interest
1297203 Eric Adam Quesenberry v. Giles County Department of Social Services 07/27/2021
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(2) and finding termination was in the children’s best interest
1340203 Laurianne Kristin Quesenberry v. Giles County Department of Social Services 07/27/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(2)
1348202 Klockner Pentaplast of America and Hartford Underwriters Insurance Company v. Beverly Hope Miller 07/27/2021
Commission’s award of benefits affirmed where evidence supports the finding that appellants failed to prove appellee’s injury resulted from her intentional violation of a known safety rule
0121212 B. Mayes Marks, Jr. v. John Randolph Medical Center/HCA 07/20/2021
Commission did not err in interpreting Rule 6.2’s reasonable notice requirement to contain a temporal component and then concluding appellant failed to comply with it in this case
0255214 Quest for Excellence Learning and Accident Fund Insurance Company of America v, Rebecca Newsom 07/20/2021
Summary affirmance – no error in Commission’s finding that appellee sustained an injury by accident to her left knee and that appellee sustained an injury by accident occurring in the course of her employment
0422201 Randy Lee Lassiter, Jr. v. Commonwealth of Virginia 07/20/2021
Trial court did not err in allowing a witness to testify in the Commonwealth’s rebuttal case where the only favorable evidence subject to Brady disclosure was the witness’ criminal record and appellant received that record in time to effectively use it at trial
0731203 Leonard Eugene Blackwell, Jr. v. Commonwealth of Virginia 07/20/2021
Trial court did not err in finding no prosecutorial misconduct and appellant’s arguments based on a violation of speedy trial and due process rights fail
0736203 Kimberly Mayhew Barksdale v. Commonwealth of Virginia 07/20/2021
Trial court did not err in denying appellant’s motion to dismiss the indictments where appellant’s speedy trial rights were not violated, in granting the motion to nolle prosequi the original murder indictment, or in prohibiting the use of insanity evidence for failure to comply with Code § 19.2 168
1048203 Joshua Nathan Christie v. Commonwealth of Virginia 07/20/2021
Trial court did not err in finding it lacked authority to defer disposition again on appellant’s instant conviction for possession of methamphetamine where the legislative intent in the 2020 version of Code § 18.2-251 is plainly to provide only one opportunity for the deferral of punishment of an offense that was criminal at the time of the deferral for that offense
1341203 Mereisa Cleveland McDaniel v. Harrisonburg Rockingham Social Services District 07/20/2021
No error in trial court’s finding that it was in the best interests of appellant’s child to terminate appellant’s parental rights under Code § 16.1-283(E)(i)
1342203 Mereisa Cleveland McDaniel v. Harrisonsburg Rockingham Social Services District 07/20/2021
No error in trial court’s finding that it was in the best interests of appellant’s child to terminate appellant’s parental rights under Code § 16.1-283(E)(i)
0044214 Mercedes Amaya Hernandez v. NSR Solutions, Inc. and Gallagher Bassett Services, Inc 07/13/2021
Commission did not err in denying appellant’s claim for benefits where appellant failed to prove that her injury arose out of her employment
0647204 Daivon Renee Lucas v. Commonwealth of Virginia 07/13/2021
Judgment of trial court revoking appellant’s suspended sentence and refusing to re-suspend any of that sentence affirmed; appellant’s argument regarding the trial court’s failure to state on the record that it had considered mitigating evidence was barred by Rule 5A:18
0869204 Jaeyoung Lee v. Commonwealth of Virginia 07/13/2021
No error in trial court’s finding that the evidence was sufficient to prove that appellant knew of the child pornography on the hard drive devices, that it was subject to his dominion and control, and that he constructively possessed it
1193192 Jamie Allen Seamster v. Commonwealth of Virginia 07/13/2021
Trial court did not err in finding that the evidence was sufficient to prove that appellant possessed a firearm while in possession of cocaine; trial court erred in imposing two sentences under Code Section 18.2-308.2 for simultaneous possession of a firearm and ammunition
1210201 Guy Martin Santiago, Jr. v. Commonwealth of Virginia 07/13/2021
Judgment affirmed as appellant’s argument regarding his sentence was barred by Rule 5A:18
1229204 Richard Hill v.Commonwealth of Virginia 07/13/2021
Appeal regarding a motion to reduce appellant’s sentence is dismissed as moot as appellant has fully served the sentence imposed
1280201 Crystal Faye Ward v. Newport News Department of Human Services 07/13/2021
Summary affirmance – trial court’s termination of appellant’s parental rights affirmed where appellant failed to timely file a transcript or statement of facts indispensable to a determination of the issue regarding the trial court’s denial of appellant’s motion for a continuance
0470201 Antonio Daron Futrell v. Commonwealth of Virginia 07/06/2021
Trial court did not err in denying appellant’s motion to suppress a warrantless search of his cell phone where the evidence established appellant’s intent to abandon the cell phone and thus surrender any privacy interest he may have had in it or its contents
0826202 Michael R. Mollenhauer v. Commonwealth of Virginia 07/06/2021
Court will not consider the merits of appellant’s challenge to the constitutionality of Code § 40.1-103 where the record does not support a finding of good cause to excuse the failure to raise the constitutional issue pre-trial
0848202 Lamoria Witcher Oliver v. Commonwealth of Virginia 07/06/2021
No error in trial court’s finding that evidence was sufficient to prove that appellant shot her estranged husband
1026202 Alan Petersen v. Tina Robertston v. F/K/A Tina Petersen 07/06/2021
Trial court erred in denying appellant’s motion for order of production and for entry of a protective order based on its timeliness where the tolling of case-related deadlines under this case was not lifted until July 20, 2020; matter remanded to trial court to consider the merits of appellant’s motion
1324202 Robert Leo Clavin v. Darlene Gibson Clavin 07/06/2021
Judgment of trial court regarding spousal support, contempt, and attorney’s fees to appellee is affirmed
1415204 Fred Farouq Falah v. Nasima Falah 07/06/2021
Judgment of trial court denying appellant’s motion to continue affirmed where appellant’s constitutional arguments are barred by Rule 5A:18; appellant made no showing of prejudice resulting from the trial court’s ruling
0030211 Richard Epps v. Portsmouth Department of Social Services 06/29/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2) after finding termination was in the child’s best interest
0881201 Kelvin Andre Rawlings v. Commonwealth of Virginia 06/29/2021
Judgment of trial court affirmed where appellant has waived appellate consideration of the arguments he raised for the first time in his second petition for appeal filed after the Court had denied the first petition for appeal
1243204 Brent E. Kynaston v. Danyelle L. Kynaston 06/29/2021
No error in trial court’s finding that the 2020 amendment to Code § 20-109(C) applied to the partial settlement agreement signed by the parties in August 2018 and that application of the amended statute to the agreement did not violate appellant’s constitutional rights
1385201 Julia Snell v. Thomas Davis 06/29/2021
No error in trial court’s finding that appellee’s motion for overage payments was not precluded by Rule 1:1, res judicata, or Code § 20-107.1
0710201 Darrell Thomas Ellis v. Talisha Danet Sutton-Ellis 06/22/2021
Judgment of trial court regarding child support, reimbursement of medical expenses, and attorney’s fees to appellee affirmed
0636204 Michael Vechery v. Florence Cottet-Moine 06/15/2021
No error in trial court’s custody and visitation order or in the protective order entered in favor of appellee and the parties’ child
0915204 Anita Shana-Nicole Simms v. Alexandria Department of Community and Human Services 06/15/2021
Trial court did not err in making the adjudicatory and dispositional findings at the same hearing, in finding that the children were abused or neglected, or in remanding the matter back to the juvenile court
0916204 Anita Shana-Nicole Simms v. Alexandria Department of Community and Human Services 06/15/2021
Trial court did not err in making the adjudicatory and dispositional findings at the same hearing, in finding that the children were abused or neglected, or in remanding the matter back to the juvenile court
1100204 Eric John Price v. Bonny Frances Price 06/15/2021
Trial court did not err in finding appellant in contempt and awarding attorney’s fees to appellee
1251204 CJ Designs Inc. and National Liability & Fire Ins. Co v. Joyce Williams 06/15/2021
No error in Commission’s finding that appellee’s injury arose out of her employment where the injury was caused by bending in an awkward position necessitated by conditions of the workplace
1349201 Quaneisha Gee v. City of Newport News Department of Human Services 06/15/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her three children
0240201 John Thomas Robinson v. Commonwealth of Virginia 06/08/2021
Judgment of trial court convicting appellant of failure to appear affirmed where appellant’s objection to trial court taking judicial notice of capias from general district court waived as he presented testimony on the same subject matter in his case-in-chief
1284204 Commonwealth of Virginia v. Clark Devell Watson 06/08/2021
Decision of trial court granting bail reversed where there was significant evidence favoring the denial of bail, a lack of evidence favoring bail, the presumption against bail itself, and the trial court did not articulate its findings supporting its conclusion that appellee bore his burden of persuasion that he was not a flight risk or a danger to the community
1320203 LAS V.Roanoke 06/08/2021
Decision of trial court granting bail reversed where there was significant evidence favoring the denial of bail, a lack of evidence favoring bail, the presumption against bail itself, and the trial court did not articulate its findings supporting its conclusion that appellee bore his burden of persuasion that he was not a flight risk or a danger to the community
0081201 Aisha Inshira Nelson v. City of Virginia Beach 06/01/2021
Trial court erred in finding evidence was sufficient to prove appellant had the intent to harass the 9-1-1 operator at the time the call was made
1320203 Leslie Ann Sawyers v. Roanoke City Department of Social Services 06/01/2021
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B) or in finding termination of those parental rights was in child’s best interest
0740201 Michael Wayne Keller v. Commonwealth of Virginia 05/18/2021
Trial court did not abuse its discretion in granting Instruction 14 regarding heat of passion or in denying appellant’s motion to strike the evidence where it was sufficient to support a finding of malice
1006202 North View Home For Adults, LLC v. Virginia Department of Health 05/18/2021
Trial court did not err in affirming appellee’s decision that appellant’s water system qualifies as a “waterworks” pursuant to Code § 32.1-167
0542202 Ricky Davis Parrish v. Commonwealth of Virginia 05/11/2021
Trial court did not err in denying appellant’s motions to suppress after finding appellant did not prove that he was an invited, overnight guest who enjoyed Fourth Amendment protection in the home searched
0637203 Russell Leroy Mars v. Diane Elizabeth Mars 05/11/2021
Summary affirmance – trial court did not err in denying appellant’s motion for reconsideration as it was without jurisdiction to modify the final support order more than twenty-one days after entry of that order
1002202 Salwa Jaffar v. City of Fredericksburg Department of Social Services 05/11/2021
Trial court did not err in finding evidence was sufficient to prove appellant abused or neglected her children or in terminating appellant’s parental rights to her children
1292202 Adnan Saeed v. City of Fredericksburg Department of Social Services 05/11/2021
Judgment of trial court finding appellant’s children had been abused or neglected and terminating appellant’s parental rights to his children affirmed
1582184 Alexandria City Public Schools and Alexandria City School Board 05/11/2021
Commission erred in finding appellee proved a compensable injury by accident to her right shoulder where she did not show that she sustained an obvious sudden mechanical or structural change in her shoulder
0027203 Brandon Lee Snead v. Commonwealth of Virginia 05/04/2021
Trial court did not abuse its discretion or violate appellant’s constitutional right to confrontation in admitting statements of an unidentified co-conspirator where those statements were not testimonial but rather made in furtherance of the crimes
1809192 Tyron Reshawn Clanton v. Commonwealth of Virginia 05/04/2021
Trial court erred in refusing to strike a juror for cause where her responses created a reasonable doubt as to her qualification to serve as a fair and impartial juror
0180201 Senora Luchille Cobb, s/k/a Senora Luchile Cobb 04/27/2021
No error in trial court’s finding that appellant’s encounter with the police at the hospital was consensual and did not err in denying appellant’s motion to suppress her hospital interview statements or in finding evidence was sufficient to prove that appellant was responsible for the victim’s care
0616202 Hina Qureshi v. Aamir Mahmood 04/27/2021
Appeal dismissed where the trial court and this Court lack jurisdiction to reach the merits of appellant’s appeal
1135204 Jeremy Von Guten v. Cari Lerch 04/27/2021
Trial court did not err in denying appellant’s motion to correct the visitation order or in awarding sanctions against appellant
0913204 Christopher Westley Dempsey v. Stephanie McQuade Dempsey 04/20/2021
Trial court did not err in granting appellee’s motion to enforce the final decree, entering the Court Order Acceptable for Processing, and in awarding attorney’s fees to appellee
1078203 Nicole Cooper v. Justin Laurent 04/20/2021
Trial court did not err in granting appellee’s motion to strike where appellant did not prove a material change in circumstances that warranted a change in custody of the parties’ children
1156203 Amanda Jonell Price v. Wise County Department of Social Services 04/20/2021
Judgment of trial court withdrawing for her failure to appear at the hearing appellant’s appeal of juvenile court’s order terminating appellant’s parental rights and approving foster care goal of adoption affirmed
0055203 Phillip Gary Powell, Jr. v. Commonwealth of Virginia 04/13/2021
No error in trial court’s finding that appellant had knowledge of the nature and character of the substance in his possession
1012204 Tamas Fekete v. Gyorgyi Fekete 04/13/2021
Judgment of trial court regarding child support affirmed where trial court did not err in determining appellant’s business expenses or appellee’s child care expenses
1155201 Kristopher LaFlamme v. Virginia Beach Department of Human Services 04/13/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of adoption
0313202 Michelle Lightfoot v. Commonwealth of Virginia 04/06/2021
No error in trial court’s finding that appellant obstructed the officer in the performance of his duties, that the officer had probable cause to arrest appellant, and that appellant was not resisting an unlawful arrest when she assaulted the officer
1042202 Aaron Wendt v. Richard D. Holcomb, Commissioner, Department of Motor Vehicles 04/06/2021
Trial court’s dismissal of appellant’s petition for appeal affirmed where the trial court lacked subject matter jurisdiction to consider appellant’s challenge to the suspension of his license because the appellant’s challenge did not relate to identity and the suspension was mandatory
1077201 Virginia International Terminals, LLC and Arch Insurance Company v. Neurosurgical Specialists, Inc. 04/06/2021
Commission did not err in finding that appellee provided a prima facie case that the medical bills at issue reflected the prevailing community rate or in concluding appellants’ response on this issue was unreasonable and awarding appellee a set amount of attorney’s fees
1190204 Alfreda Ligon v. CPS II, Inc. and Employers Preferred Ins. Co. 04/06/2021
Commission applied the correct preponderance of the evidence standard in finding appellant’s left ankle injury was not a compensable consequence of appellant’s original right ankle injury
2060194 Delonte A. Wright v. Commonwealth of Virginia 04/06/2021
No error in trial court’s finding that evidence was sufficient to prove appellant broke into the victims’ home and stole their property
0764202 Troy Darren Durocher v. Debra Thomas Durocher 03/30/2021
Trial court did not abuse its discretion in awarding appellee a lump sum spousal support award or in determining appellant’s income
0882202 Lisa Michelle Whitmer v. Spotsylvania County Department of Social Services 03/30/2021
Judgment of trial court’s finding that termination of appellant’s parental rights to her children was in their best interest affirmed
0885204 Shawn Gaines v. Leonora Gaines 03/30/2021
Trial court did not abuse its discretion in apportioning the parties’ marital debt or in its award of spousal support to appellee
0903202 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 03/30/2021
Judgment of trial court’s finding that termination of appellant’s parental rights to his children was in their best interest affirmed
0135202 Leonel Perri Arroyo v. Commonwealth of Virginia 03/23/2021
Any error by trial court in sustaining Commonwealth’s objection to text messages between the victim and another harmless as their introduction would not have influenced the trial court’s decision or had but slight effect given the overwhelming evidence of appellant’s guilt
1192203 Radhwan Al-Hamood v. Murooj R. Al Sadoon 03/23/2021
Trial court did not abuse its discretion in finding it was in the children’s best interests to award custody to appellee and deny visitation to appellant
0020202 Maurice Addison v. Commonwealth 03/16/2021
No error in trial court’s finding that evidence was sufficient to prove appellant was the person who killed the victim
0879203 Tara Rayne, a/k/a Ashley Carter v. Franklin County Department of Social Services 03/16/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child or in denying appellant’s motion to amend the child protective order to allow her to have contact with the child
0946201 Devonia Burgess v. Anwar Burgess 03/16/2021
Trial court did not err in ordering a visitation schedule and considered the best interests of the children in doing so
1166203 Commonwealth of Virginia v. David Lee Thompson 03/16/2021
Trial court erred in declining to apply the good faith exception and excluding evidence seized from a search of appellee’s residence
0466201 Alonzo Ellis Marshall, Jr. v. Commonwealth of Virginia 03/09/2021
No error in trial court’s finding that appellant had the intent to break into the Dollar Tree to commit larceny; appellant’s argument regarding sufficiency of evidence to support the use of a firearm conviction barred by Rule 5A:18
1609193 Spencer Kelly Dixon v. Commonwealth of Virginia 03/09/2021
No error in trial court’s finding evidence was sufficient to prove appellant violated Code § 46.2 1075 where he affixed a VIN from one motorcycle onto another with permission of DMV and traded it to the victim and that appellant intended to defraud the victim
1817192 Derrick Gerard Tucker, Jr. v. Commonwealth of Virginia 03/09/2021
Trial court did not err in refusing to instruct the jury on voluntary manslaughter where the evidence did not support such an instruction
0593204 Stacy L. Glass v. City of Manassas Park Department of Social Services 03/02/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0648202 Yamina Anna Jordan v. Commonwealth of Virginia 03/02/2021
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant did not present to the trial court the argument raised on appeal that the evidence was insufficient to establish the materiality element of perjury
1067203 Teeshia Justice Potts v. Buchanan County Department of Social Services 03/02/2021
Judgment of trial court terminating appellant’s parental rights to four of her children and approving the foster care plan goal of adoption affirmed
1103201 Virginia Beach City Public Schools and PMA Management Corporation, TPA v. Sarah Norman 03/02/2021
Commission did not err in denying appellants’ request to terminate appellee’s disability award where appellants failed to prove, by a preponderance of the evidence, that appellee was capable of returning to her pre-injury employment
1789192 Arthur Carter v. Commonwealth of Virginia 03/02/2021
No error in appellant’s conviction of petit larceny, subsequent offense, where appellant invited the trial court to enter the deferred disposition at issue, which he now claims to be error
0356203 Haley Harris, Tammy Dawn Dauch and Herbert Dauch, Jr. v. Carroll County Department of Social Sevices 02/23/2021
Summary affirmance – termination of mother’s parental rights to her child affirmed
0830201 Ruyekia Silver v. Norfolk Department of Human Services 02/23/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights and approving the foster care goal of adoption for one of appellant’s children and finding another of appellant’s children was abused or neglected and approving the foster care plan for that child
1169201 Christina Marie Winingham v. Steven Elmore Winingham, II 02/23/2021
Trial court did not err in determining appellant was liable for the mortgage payments on the former marital residence and ordering her to reimburse appellee for payments he made or in denying appellant’s requests for attorney’s fees
0626202 Timothy Cornelius Winfield v. Commonwealth of Virginia 02/16/2021
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty as a principal in the second degree to two counts of robbery given his role as the get-away driver
0756201 Glenn Stuart Smith v. Erica Lynn Smith 02/16/2021
Trial court did not abuse its discretion in fashioning the equitable distribution award, in allocating the marital debt or in ordering appellant to pay a portion of appellee’s attorney’s fees under the facts of this case; record is not sufficient to consider appellant’s arguments regarding the filing of appellant’s answer and counterclaim
0151202 Jesse Christopher Blackmon, Jr. v. Commonwealth of Virginia 02/02/2021
No error in trial court’s finding that evidence was sufficient to establish that appellant willfully disregarded warning signs that his child needed medical care; conviction of child neglect resulting in serious injury affirmed
0843202 Charles Kenny Huff, Jr. v. City of Fredericksburg Department of Social Services 02/02/2021
Trial court did not err in terminating appellant’s parent rights to his child where the evidence proved termination was in the child’s best interest and did not err in denying appellant’s request for an indefinite continuance or in finding the appellee investigated viable possible relative placement options
0990201 Suzanne Shelton v. Norfolk Department of Human Services 02/02/2021
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and did not violate appellant’ constitutional rights when it terminated her parental rights
1211192 Journy Lee Snead v. Commonwealth of Virginia 02/02/2021
Trial court did not err in finding the child witness competent to testify and it did not deny appellant the right to confront a witness against him; appellant did not challenge on appeal the trial court’s alternate holding that the child witness’ statements were admissible as impeachment evidence
1228203 Adrianna Haley Sledd v. Roger Lee Bowman and Tina Underwood Bowman 02/02/2021
Summary affirmance – trial court did not err in granting appellees’ petition for adoption and entering the final order of adoption after finding adoption was in the child’s best interests
0043203 Anthony Andre's Mackey v. Commonwealth of Virginia 01/26/2021
Judgment of trial court affirmed where appellant failed to timely file transcripts necessary for resolution of assignments of error raised on appeal
0796203 Kenneth Reynolds v. Falletta Enterprises, Inc., et al. 01/26/2021
No error in Commission’s finding that appellant did not prove that his injury arose out of his employment
0839202 Christy Lee Payne v. Prince Edward County Department of Social Services 01/26/2021
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove appellant’s children were abused or neglected
0162204 Thomas Khaled Maad v. Commonwealth of Virginia 01/19/2021
No error in finding that evidence was sufficient to prove appellant made a false representation as to a past or existing fact and had the intent to defraud
0512212 County of Chesterfield v. Harry Overton, Jr. 01/16/2021
No error in Commission’s findings that the basis for termination offered in appellant’s application was limited to poor job performance and that appellee was entitled to temporary total disability benefits
0765204 PetSmart, Inc. and Indemnity Insurance Company of North America v. Lori Miles 01/12/2021
Decision of Commission finding that appellants were responsible for paying appellee’s health care providers for services rendered to appellee affirmed
0787202 Mary Ann Saady v. Virginia Employment Commission 01/12/2021
Summary affirmance – decision of trial court denying unemployment benefits to appellant affirmed
0870204 Loudoun County Public Schools and PMA Management Corporation v. Mirian Hernandez 01/12/2021
No error in Commission’s finding that appellee’s disability is causally related to her workplace injury and that appellee adequately marketed her residual work capacity
1962193 Jason Corey O'Neal v. Commonwealth of Virginia 01/12/2021
Trial court did not abuse its discretion in imposing specific probation conditions unrelated to the underlying convictions where it was appropriate for the court to impose specific conditions to protect the public while appellant was not incarcerated; appellant’s First Amendment argument barred by Rule 5A:18
0224204 Dwain Alan Williams, Jr. v. Commonwealth of Virginia 12/29/2020
No error in trial court’s finding that the knife appellant possessed was a “weapon” prohibited from concealment under Code § 18.2-308(A)
0386191 Randor Lee Uzzel, Jr. v. Commonwealth of Virginia 12/29/2020
Trial court did not err in denying appellant’s request to replace his court-appointed attorney or in failing to inquire into a vague, unspecified possibility of conflict presented by his attorney’s role as a prosecutor in appellant’s unrelated conviction twelve years earlier
0678204 Jihad Jay Sibai v. Sterling Jewelers and XL Specialty Insurance Company 12/29/2020
Commission did not err in finding that appellant failed to prove a compensable injury by accident to his left ear, nose, face, and neck, in finding appellant’s seizures were not related to his compensable workplace injury to his head, or in denying appellant temporary total disability benefits for a defined period
0789203 Rachel Emily Jenkins v. Tazwell County Department of Social Services 12/29/2020
No error in trial court’s finding that termination of appellant’s parental rights was in her children’s best interest
0105201 Ryan Swinea, s/k/a Ryan Lance Swinea 12/22/2020
Trial court did not err in finding evidence sufficient to convict appellant of possession of a controlled substance or in refusing to grant appellant first offender status
0228201 Joseph Smith v. Commonwealth of Virginia 12/22/2020
Trial court did not err in denying appellant’s motion to strike the burglary and destruction of property charges where the evidence proved the shed was permanently affixed to realty and the inference of guilt based on recently stolen property also applied to the burglary and destruction of property charges
0427202 Mark Israel Arencibia v. Commonwealth of Virginia 12/22/2020
Trial court did not err in denying appellant’s motion to suppress where the trial court concluded that appellant’s statements to the police were not coerced; no error in trial court’s finding that evidence was sufficient where appellant was actively engaged in distribution at the time he was arrested which corroborated his statements confessing to selling drugs
0557201 Gregory Lynn McMillan v. Commonwealth of Virginia 12/22/2020
Appellant’s conviction of driving after forfeiture of license, third offense in ten years, affirmed where appellant’s failure to comply with Rule 5A:20(e) is significant and Court finds assignment of error is waived
0859203 Teresa Marie Hall v. Commonwealth of Virginia 12/22/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the foster care goal of adoption
1640192 Wendy Church Green v. Commonwealth of Virginia 12/22/2020
Trial court did not err in modifying appellant’s sentence and the terms of her probation where the trial court properly had subject matter jurisdiction and acted in accordance with appellant’s request; as appellant did not object to the ruling in the trial court issue is waived and she may not now take a contradictory position on appeal
0568203 Juan Viera Lazo v. Wholesome Energy, LLC and Accident Fund General Insurance Company 12/15/2020
Commission did not err in denying appellant additional workers’ compensation benefits for injuries sustained in a 2015 injury as the claim for compensation for appellant’s right shoulder injury is barred by Code § 65.2-601
0597204 Sands Cooper v. Advanced Internet Automation, LLC amd Trumbull Insurance Company 12/15/2020
Summary affirmance – decision of the Commission affirmed where appellant failed to comply with Rules 5A:18, 5A:20, and 5A:25 and this Court is without jurisdiction to review appellant’s arguments regarding rulings by the deputy commissioner
0615201 Mary B. Giaquinto, n/k/a Mary B. Lincoln v. Nicholas A, Giaquinto 12/15/2020
Judgment of trial court affirmed where appellant waived any right to appeal pretrial rulings when she agreed to enter into an agreement with appellee that the trial court accepted; argument regarding the trial court’s application of the pretrial order waived under Rule 5A:18
1339192 Terry Lynn Blanding v. Commonwealth of Virginia 12/15/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant was the criminal agent in the arson of the residence; challenge to sufficiency of evidence to prove a burning barred where appellant did not obtain a ruling on the issue in the trial court
1775192 Jamar Rasaan Alford v. Commonwealth of Virginia 12/15/2020
Trial court did not err in denying appellant’s motion to suppress where the totality of the circumstances gave officer reasonable suspicion to detain and question appellant
0451202 Jasmine Walker v. Breyon Pierce 12/08/2020
Judgment of trial court issuing protective order for parties’ child after finding appellant committed an act of family abuse affirmed where trial court had jurisdiction as there was no defect in service on appellant and evidence was sufficient to support the protective order
0452202 Jasmine Walker v. Breyon Pierce 12/08/2020
Judgment of trial court issuing protective order for parties’ child after finding appellant committed an act of family abuse affirmed where trial court had jurisdiction as there was no defect in service on appellant and evidence was sufficient to support the protective order
0682204 Cumberland Hospital and Ace American Insurance Company v. Angela Ross 12/08/2020
No error in Commission’s award of medical benefits pursuant to Code § 65.2-603 to appellee, including around-the-clock home health care to be provided by her husband at the same rate paid to an agency provided by the appellants
1054192 Greg Eugene Minitee, a/k/a Gregory Eugene Minitee v. Commonwealth of Virginia 12/08/2020
Trial court erred in denying appellant’s motion to dismiss on double jeopardy grounds where the trial court abused its discretion in declaring a mistrial over appellant’s objection without detailing its consideration of less drastic alternatives for the record
1704194 Konstantin Sizov v. Natalia V. Sizov 12/08/2020
Judgment of trial court on issues of grounds for divorce, equitable distribution and attorney’s fees affirmed; judgment of trial court on issues of spousal support and child support reversed and remanded to trial court
1867191 Eric L. Turner v. Commonwealth of Virginia 12/08/2020
Trial court did not err in revoking appellant’s suspended sentence after finding appellant violated the conditions of probation based on the testimony of a probation officer who neither supervised nor authored the major violation report
0464203 Ronald Gene Edwards, Jr. v. Commonwealth of Virginia 12/01/2020
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of receiving stolen property where the trial court could infer guilty knowledge from the close proximity in time between the possession of the stolen leaf blower and the date it was stolen
1614191 Christian Lindale Stevenson v. Commonwealth of Virginia 11/24/2020
Trial court did not err in denying appellant’s motion to suppress where appellant was not in custody when he made the statements at the hospital and police officers were not required to provide appellant Miranda warnings before questioning him
1729194 Santique Kanu, Jr. v. Commonwealth of Virginia 11/24/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant had a separate impulse to steal each time he took money and supported three counts of embezzlement
0413204 Sandra S. Warme v. Walter H. Warme, Jr. 11/17/2020
Trial court’s decision on equitable distribution in final decree and accompanying court order acceptable for processing affirmed in part and reversed and remanded in part
0623202 Franchon Tinsley v. Albemarle County Department of Social Services 11/17/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0662203 Tracy A. Irby v. LifePoint Health and Safety National Casualty Corporation 11/17/2020
Commission did not err in vacating the award order due to mistake, deciding appellant’s claim on the merits, and finding appellant did not meet her burden of proof regarding ongoing injury
0677202 Franchon Tinsley v. Albemarle County Department of Social Services 11/17/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1284193 James Clyde Gordon v. Commonwealth of Virginia 11/17/2020
Trial court did not err in denying appellant’s motion to strike the three obstruction of justice convictions where the evidence was sufficient to support each of them; appellant’s failure to proffer the testimony he planned to elicit from the witness precludes this Court from determining whether the trial court erred in sustaining the Commonwealth’s relevance objection
1674192 Braxton Alexander George Francis v. Commonwealth of Virginia 11/17/2020
Trial court did not err in denying appellant’s motion to dismiss based on a double jeopardy violation where the evading and eluding were separate and distinct acts in each county
1921193 Dana Miguel Keith v. Commonwealth of Virginia 11/17/2020
No error in trial court’s findings that appellant possessed the requisite intent to steal the jewelry and cell phone prior to and during the killings and that the evidence was sufficient to convict appellant of two counts of robbery
0475201 Fathima Wilson v. Norfolk Department of Human Services 11/10/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2) and approving the foster care goal of adoption
0516202 Masonite Corporation and Travelers Indemnity Company of America v. Rebecca Dean 11/10/2020
No error in Commission’s finding that appellee’s back and neck injuries were compensable consequences that arose during treatment for her compensable industrial accident rather than original injuries sustained at the time of the compensable industrial accident
1987194 Victor Andres Zelaya v. Commonwealth of Virginia 11/10/2020
No error in trial court’s finding that officer possessed reasonable and articulable suspicion that appellant was armed and dangerous and involved in criminal activity and thus the protective measure taken by the officer was not unreasonable under the Fourth Amendment; evidence sufficient to find appellant guilty of carrying a concealed weapon
2074192 Linda Mena Arreola, s/k/a Linda Mena-Arreola v. Commonwealth of Virginia 11/10/2020
Trial court did not err in denying appellant’s motion to suppress where the officer’s actions in detaining appellant, investigating her suspected criminal conduct, and arresting her for DUI were reasonable intrusions for purposes of Fourth Amendment
0392202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0394202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0395202 Robert C. Macias v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
0463202 Virginia Hand Center v. Adams Lumber Co., Inc. and Bitco National Insurance Company 11/04/2020
Commission erred in determining the allowable charges for multiple procedures based on the methodology contained in the Medicare Claims Manual where the plain language of Code § 65.2-605 applicable in this case does not provide for application of the Medicare Claims Manual or an automatic 50% payment reduction for multiple procedures
0567202 Nicole M. Johnson v. Hopewell Department of Social Services 11/04/2020
Trial court did not err in terminating appellant’s parental rights to her children after finding sufficient evidence to support termination and that termination was in the children’s best interests
0600202 Newman Knight Frank and Zurich American Ins. Co. v. The Estate of Bruce A. Williams, et al. 11/04/2020
No error in Commission’s award of benefits where decedent’s injury both arose out of and in the course of his employment regardless of whether decedent was working or resting before his next shift
0620202 Aqua Leisure Pools, Spas & Patios, Inc., et al. v. Joseph Greene, III 11/04/2020
No error in Commission’s finding that appellee’s post-surgical MRSA infection was casually connected to the compensable work-related injury
0667203 Karen Juetta Roebuck v. Lynchburg Department of Social Services 11/04/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and approving the foster care goal of adoption
1567191 William Henry Thompson v. Commonwealth of Virginia 11/04/2020
The trial court had jurisdiction to modify the orders containing the clerical errors to record accurately the sentences imposed by the trial court
1728194 Deondrea Jerrele McLaurin v. Commonwealth of Virginia 11/04/2020
Trial court erred in finding evidence was sufficient to convict appellant where no evidence established that appellant was in the bedroom when the drugs were present, that he was aware of their presence, or that they were subject to his dominion and control
0070204 Mark Arick Roy v. Kimberly Elizabeth Hynes Roy 10/27/2020
Trial court did not err in determining child support, in equitably dividing the parties’ marital property, or in denying appellant’s motion to reconsider
0116201 Chesapeake Hospital Authority d/b/a, etc. v. State Health Commissioner and Sentara Hospitals 10/27/2020
Trial court did not err in upholding the Commissioner’s decision denying appellant a COPN for the creation of a new open-heart surgery service and additional dedicated cardiac catherization equipment
0183203 Steve Ernest Wade, Jr. v. Amherst County Department of Social Services 10/27/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children and approving the foster care goal of adoption
0190204 Keith Lee Davis v. Rita Corcoran Davis 10/27/2020
Trial court did not err in granting appellee divorce on grounds of cruelty or in allowing appellee to amend the complaint to include a request for spousal support; additional arguments waived for failure to file a transcript of the hearing at issue
0314204 Steven Douglas Moore v. Bridget Monica Moore 10/27/2020
Trial court did not err in fashioning the equitable distribution award or in determining appellant’s income for child support purposes
0315204 Bridget Monica Moore v. Steven Douglas Moore 10/27/2020
Trial court did not err in failing to classify, value, and distribute the marital estate where appellant failed to adduce sufficient evidence for the trial court to perform these functions
0449203 Penske Trucking Company L/P Epes Carriers & Hartford Underwriters Ins. Co. v. Jeroderick Lawson 10/27/2020
No error in Commission’s finding that probable cause did not exist to refer appellants’ hearing application to the docket
0450204 Kelly Roane v. Washington Metropolitan Area Transit Authority 10/27/2020
No error in Commission’s denial of appellant’s claim for permanent partial disability benefits where appellant did not meet her burden of proving permanent total incapacity in both legs as required under Code § 65.2-503(C)
0683204 General Electric and Electric Insurance Company v. Albert King 10/27/2020
No error in Commission’s finding that appellee’s hearing loss was caused by his employment
1678191 Isadore Miracle Humphrey, II v. Commonwealth of Virginia 10/27/2020
No error in trial court’s finding that evidence was sufficient to prove appellant acted as principal in the second degree to attempted robbery, malicious wounding, and use of a firearm in commission of a felony; appellant’s argument regarding sufficiency of evidence to prove conspiracy precluded by Rule 5A:12
0318194 Darrin Mark Robertson v. Commonwealth of Virginia 10/20/2020
Trial court did not err in revoking appellant’s suspended sentence after finding appellant in violation of the terms of his probation; appellant’s constitutional arguments are procedurally defaulted for failure to assign error to an actual ruling of the trial court
1039194 Ashley Nicole Sullivan v. Commonwealth of Virginia 10/20/2020
Trial court did not err in denying appellant’s request for a deferred disposition where the request was not made until two months after appellant was found guilty and a judgment of guilt had been entered in a conviction order; trial court did not err in denying appellant’s motion to withdraw her guilty plea where appellant expressly agreed to waive her right to withdraw the plea
1094194 Jude Joseph David Lovchik v. Commonwealth of Virginia 10/20/2020
Trial court did not err in denying appellant’s motion to suppress where appellant had no objectively reasonable expectation of privacy in his DNA identification profile as developed from DNA found on objects he had abandoned
1299191 Lennis L. McNair, Jr. v. Commonwealth of Virginia 10/20/2020
No error in trial court’s finding that evidence was sufficient to prove appellant stabbed and cut the victim out of anger after gaining possession of the knife and proved the victim’s wounds were the result of an intentional action
0323204 John Chris Kiriakou v. Heather Katherine Kiriakou 10/13/2020
Trial court’s decision on child custody, visitation, and award of attorney’s fees to appellee affirmed; trial court’s decision requiring appellant to initiate revocation of the children’s Greek citizenship and produce related documentation revered where that relief was never requested by appellee in her pleadings
0379203 Securitas Security Services USA, Inc. & Indemnity Ins. Co. of North America v. Carolyn E. Gersch 10/13/2020
No error in Commission’s finding that appellee was entitled to temporary total disability benefits after July 24, 2019
0818192 Mary Virginia Bruce Scott v. Thomas Aldom Scott 10/13/2020
Judgment of trial court directing appellant to pay appellee additional money to satisfy the equitable distribution terms of the final decree of divorce and denying appellant’s request for an award of attorney’s fees and costs affirmed
0861192 Thomas Aldom Scott v. Mary Virginia Bruce Scott 10/13/2020
Judgment of trial court denying appellant’s request for a discretionary award of attorney’s fees and costs affirmed; appellant’s argument he had a contractual right to recover attorney’s fees barred by Rule 5A:18
1168191 John Homer Oneal, IV v. Commonwealth of Virginia 10/13/2020
Judgment of trial court affirmed where appellant’s argument that trial court erred by denying his motion to strike where the Commonwealth failed to exclude the reasonable hypothesis that he acted in self-defense barred by Rule 5A:18
0244201 Ashley Nicole Witcher v. City of Newport News Department of Human Services 10/06/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
0327204 Daniel Johnston v. ECHL Personnel Management of New Jersey and Great Divide Insurance Company 10/06/2020
No error in Commission’s calculation of appellant’s average weekly wage or its finding that appellant failed to adequately market his residual earning capacity; argument of whether deputy commissioner erred in denying benefits based on the finding that benefits were barred by Code § 65.2-502 is not reviewable by this Court
0476202 William Richard Allen, Jr. v. Prince Edward County Department of Social Services 10/06/2020
No error in trial court’s finding that it was in children’s best interests to terminate appellant’s parental rights
1421192 Antonio Alexander Jefferson v. Commonwealth of Virginia 10/06/2020
Trial court erred in denying appellant’s motion to suppress after failing to apply the exclusionary rule where the officer’s mistaken belief that Code § 46.2-804 prohibited a lane change over a solid white line was not reasonable as the statute did not prohibit such lane change
2064194 Jennifer A. Wellock v. Department of Historic Resources 10/06/2020
Judgment of trial court affirmed where Court is unable to review assignment of error raised on appeal as appellant did not file a transcript or written statement of facts of the trial court hearing
0001202 Stephon Tazewell Woodbury v. Commonwealth of Virginia 09/29/2020
Trial court’s denial of appellant’s motion to strike on identity of appellant as the perpetrator of the murder offense affirmed; appellant’s arguments regarding sufficiency of evidence to establish his identity as perpetrator of the malicious wounding and use of a firearm in the commission of a felony offenses barred by Rule 5A:18
0171203 Cynthia Khadi v. Wythe County Department of Social Services 09/29/2020
No error in trial court’s finding the foster care goal of adoption was in the child’s best interests
0174203 Akshay Khadi v. Wythe County Department of Social Services 09/29/2020
No error in trial court’s finding that termination of appellant’s parental rights under Code § 16.1 283(C)(2) was in the child’s best interest
0349203 James Beebe and June Beebe v. Harrisonburg Rockingham Social Services District 09/29/2020
Trial court did not err in finding that it was in the child’s best interests to deny appellants’ petitions for custody and visitation; Court will not consider appellants’ argument that trial court erred in terminating their daughter’s parental rights to the child as they lack standing
1242192 Stephon Tazewell Benniefield, s/k/a Stephon Tazwell Benniefield v. Commonwealth of Virginia 09/29/2020
Trial court did not err in denying appellant’s motion to strike the Commonwealth’s evidence of identity of appellant as the perpetrator of each offense and submit the case to the jury on the issue of identity
2077192 Jennifer Lynn Spicer v. Cumberland County Department of Social Services 09/22/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child after finding the Department made reasonable and appropriate efforts and it was in the child’s best interest
0291203 Carrie Pilenza v. Nelson County Department of Social Services 09/08/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i) and finding that termination of her parental rights was in child’s best interests
1102194 Guy R. Joubert v. Courtney R. Herbert 09/01/2020
Judgment of trial court regarding child custody and other issues affirmed in part, reversed in part, and remanded to trial court for further proceedings
1559193 Latoya Nicole Carter v. Commonwealth of Virginia 08/18/2020
Judgment of trial court affirmed as one assignment of error failed to challenge an actual ruling of the trial court and as the evidence was sufficient to support the conviction
0236203 Kaylyn Moore v. Harrisonburg-Rockingham Social Services District 08/11/2020
Summary affirmance – no error in trial court’s finding that the children were abused or neglected and that it in the best interests of the children to transfer custody to the children’s aunt
1444193 Anthony Wayne Easterling, s/k/a Anthony Wayne Easterling, Jr. v. Commonwealth of Virginia 08/04/2020
No error in trial court’s finding that appellant had knowledge of the firearm under the driver’s seat he was sitting in and that he possessed that firearm
0929194 Andrew Alfred Benthall v. Commonwealth of Virginia 07/28/2020
Judgment of trial court affirmed where appellant may not successfully challenge Code § 18.2 194 as it did not affect the jury’s verdict; appellant’s challenge of the sufficiency of the evidence fails where appellant did not argue both theories of the offenses on which the jury was instructed
0982193 Mark William Breznick v. Commonwealth of Virginia 07/28/2020
Appellant’s arguments on appeal regarding whether the trial court lacked jurisdiction to adjudicate his appeal from general district court and whether the trial court erred in imposing the jury’s sentence because the Commonwealth had previously waived jail time barred by Rule 5A:18
1197193 Richard Amos Taylor v. Commonwealth of Virginia 07/28/2020
Trial court did not err in finding the “introduction into commerce” exception in Code § 18.2 247(B) did not apply where appellant failed to introduce any evidence of when any substance, imitation or illegal, was introduced into commerce
1466194 Norman M. Achin v. Sandra I. Ochoa 07/28/2020
Judgment of trial court awarding appellee sole legal and primary physical custody of the parties’ child and limiting appellant’s visitation with the child to two two-hour supervised visits per month affirmed
1620194 Julian Morrison v. Jaci Morrison 07/28/2020
No error in trial court’s award, in the final decree, regarding monthly spousal and child support to appellee or in the provision requiring appellant to maintain an existing life insurance policy
2024194 Sylvia D. Ross v. Donald M. Ross 07/28/2020
No error in trial court’s determination of the duration and amount of spousal support to appellant, in its denial of appellant’s motion for an alternate valuation date for the parties’ joint bank accounts, or in its calculation of the marital portion a specific account
0123202 Leonidas Dorestal, Jr. v. City of Fredericksburg Department of Social Services 07/21/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(2)
0213202 Northern Virginia Community College/Commonwealth of Virginia v. Jayanthi Easwarachandran 07/21/2020
No error in Commission’s finding that appellant did not simultaneously reinstate appellee’s leave used during the period of disability and must now pay the dollar amount of the leave used by appellee
0431202 J.L. Edwards Enterprises, LLC, et al. v. Roberto Gamez-Mayen, et al. 07/21/2020
Summary affirmance – no error in Commission’s finding that the claimant suffered a compensable injury by accident arising out of and in the course of his employment; argument whether appellants were claimant’s statutory employer waived under Rule 5A:20(e)
1044192 Antonio Jermaine Spencer v. Commonwealth of Virginia 07/21/2020
Judgment of trial court affirmed where appellant failed to preserve his Fourth Amendment arguments for appellate review
1436184 Kevin Miles Lydon v. Commonwealth of Virginia 07/21/2020
Trial court did not err in denying appellant’s motions to strike or to dismiss the charge of abduction with intent to defile where the evidence proved restraint of the victim that was not inherent in or incidental to the charges of aggravated sexual battery
1631194 Gregory Lee Wallace, s/k/a Gregory Lee Wallace, Jr. v. Commonwealth of Virginia 07/21/2020
Judgment of trial court revoking appellant’s sentence and imposing the remainder of the original sentence affirmed; appellant’s argument that trial court was required to award him credit against his sentence for time spent in jail on unrelated charges barred by Rule 5A:18
1666193 Erin Marie Coster Evans v. James August Evans, Jr. 07/21/2020
No error in trial court’s finding it lacked in personam jurisdiction over appellee at the time the divorce decree was entered and therefore did not have the authority to order appellee to pay child support at the time the decree was entered
1675191 Corey Deshawn Clemons v. Commonwealth of Virginia 07/21/2020
Trial court did not abuse its discretion in conditioning the resuspension of part of appellant’s sentences on the sentences running consecutively with all other sentences
0076201 Neurosurgical Specialists, Inc. v. Huntington Ingalls, Incorpoarted and York Risk Services Group 07/14/2020
Commission properly interpreted and applied Code § 65.2-605.1(G) and did not err in dismissing appellant’s claim for additional payment based on lack of jurisdiction
0296204 Wade M. Butts v. Christine A. Butts 07/14/2020
Trial court did not abuse its discretion in denying appellant’s motion to terminate spousal support after finding appellant did not prove termination was warranted
0554191 Richard Allen Brown v. Commonwealth of Virginia 07/14/2020
No reversible error by trial court in the introduction into evidence of appellant’s prior conviction where it did not influence the trial court in its decision
1990191 Steve Ray Divino v. Uninsured Employer's Fund, et al. 07/14/2020
Decision of Commission finding that appellant’s employer was not subject to the Act affirmed where appellant’s argument not preserved for appeal; no error in its finding that none of the alleged employers were liable for appellant’s injuries
1994193 Valerie Baldwin v. Harrisonburg Rockingham Social Services District 07/14/2020
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to make reasonable changes to allow return of the child and found there were no suitable relative placements
2028194 Timothy J. Emerick v. Carlie M. Emerick 07/14/2020
Trial court erred in including $800 per month in child-care expenses in a child support award where that expense was not incurred by appellee
2036191 HealthSmart Casualty Claims Solutions and Uninsured Employer's Fund v. Steve Ray Divino, et al. 07/14/2020
No error in Commission’s finding that none of the claimant’s alleged employers were liable for his injuries under the Act
0605194 Travis Sentell Singleton v. Commonwealth of Virginia 07/07/2020
Trial court’s revocation of appellant’s suspended sentences affirmed where court did not err in admitting field test results and evidence was sufficient to show that appellant violated the good behavior condition of the suspended sentences
0966194 Charles Allen Moffett v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as appellant waived his challenge to the admission of evidence of prior bad acts
1494192 Michael Anthony Patton, Jr. v. Commonwealth of Virginia 07/07/2020
No error in trial court’s findings that appellant was aware of the presence of cocaine and exercised dominion and control over it and that appellant had the intent to distribute the cocaine
1605181 John James Aggar v. Commonwealth of Virginia 07/07/2020
Judgment of trial court affirmed as, based on the totality of the circumstances, the introduction of prior convictions did not influence the trial court and, thus, any error was harmless
2009192 Cavin Johan Jones v. Heidi Marlane Jones 07/07/2020
Judgment of trial court regarding its denial of appellant’s motion for reduction of spousal support affirmed
0159203 Jonathan Rae Huguley, Jr. v. Dawn Phoenix 06/30/2020
Summary affirmance – trial court did not err in finding that adoption was in the child’s best interests and that appellant withheld his consent to the adoption contrary to the child’s best interests
0412202 Loudoun Composting, LLC and Selective Ins. Co. of SC v. Jorge A. Hernandez 06/30/2020
Summary affirmance – Commission did not err in determining that employer failed to meet its burden to prove willful misconduct or violation of a safety rule
1247194 Michelina Bonanno v. James LeRoy Quinn, II 06/30/2020
Appeal dismissed because appellant was not a party to the adoption and has no standing to appeal the final order of adoption
1401194 George King v. DTH Contract Services, Inc. and American Select Ins. Co. 06/30/2020
Commission did not err in denying appellant’s application for benefits as the evidence did not establish that his injury arose out of his employment
2032194 Michelina Bonanno v. James LeRoy Quinn, II 06/30/2020
Appeal dismissed because appellant was not a party to the adoption and has no standing to appeal the final order of adoption
0679192 Mekyle Purnell, s/k/a Mekyle Dominique Powell v. Commonwealth of Virginia 06/23/2020
Trial court did not err in denying appellant’s motion to strike one of the potential jurors for cause
1882194 Syed Hyat v. Afshan Hina 06/23/2020
Trial court did not abuse its discretion in awarding spousal support to appellee for an undefined duration
2093193 John William Shiflet v. Bradley Melson and Amanda Melson 06/23/2020
No error in trial court’s finding that adoption of the child was in the child’s best interests
2029192 Farrish of Farifax and Vada Group Self-Insurance Association v. Mark Faszcza 06/16/2020
No error in Commission’s award of benefits to appellee where the evidence proved appellee proved a compensable injury by accident arising out of and in the course of his employment and suffered a compensable consequence of that injury
0187201 Commonwealth of Virginia v. Reginald Lee Jordan, Jr. 06/09/2020
Trial court did not err in dismissing the indictment as a violation of double jeopardy where it correctly concluded that the mistrial was not a manifest necessity
0188201 Commonwealth of Virginia v. Reginald Lee Jordan, Jr. 06/09/2020
Trial court did not err in dismissing the indictment as a violation of double jeopardy where it correctly concluded that the mistrial was not a manifest necessity
0707193 Amber Lee Bower v. Commonwealth of Virginia 06/09/2020
No error in trial court’s finding evidence was sufficient to prove appellant had the intent to distribute the methamphetamine she possessed
1694193 Ashley Craig Karnes v. Campbell County Department of Social Services 06/09/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1859193 Kristen Lindsay Pruitt v. Kayla Nicole Williams 06/09/2020
No error in trial court’s finding that the adoption of the children by appellee was in their best interests and that appellant withheld her consent to the adoption contrary to the children’s best interests
0811192 Al Martino Williams v. Commonwealth of Virginia 06/02/2020
Trial court did not err in denying appellant’s motion to suppress evidence found as a result of a search of appellant’s residence where the Commonwealth’s evidence was sufficient to prove law enforcement did not exceed the limit of searches allowed per year under appellant’s prior plea agreement when they searched appellant’s residence
1151192 Marvin Seay Jones v. Commonwealth of Virginia 06/02/2020
Trial court did not err in allowing the Commonwealth to amend the indictment from carnal knowledge to indecent custodial liberties with a child where the amendment did not change the nature or character of the offense charged or in denying appellant’s motion to strike the evidence where the victim’s testimony was not inherently incredible
1581194 Renzo Torchiani v. Suzanne Senske 06/02/2020
Trial court did not err in ordering a rule to show cause for failure to pay court-ordered fees where appellant withdrew his appeal from juvenile court without making the court-ordered payments to appellee
2004194 Ana Marie Santa Maria Arebalo v. Adolfo Mejia Melendez 06/02/2020
Trial court did not err in granting appellee’s motion to strike and dismissing appellant’s complaint for annulment based on the lack of corroborating evidence as a party’s own testimony is not sufficient corroboration; Court cannot review the ruling on the admissibility of the foreign documents as they were not included in the record on appeal
0604192 Shana Contrell Cleaton v. Commonwealth of Virginia 05/26/2020
Trial court erred in finding evidence was sufficient to establish that appellant caused property damage in excess of $1,000; felony hit and run conviction reversed and matter remanded to trial court for retrial on the lesser-included offense
1270191 Samuel Leon Burgess v. Commonwealth of Virginia 05/26/2020
Conviction of felony failure to appear affirmed where appellant’s argument that he did not receive notice of the trial date, even if accurate, fails to establish that the evidence was insufficient to prove willfulness
1840194 John R. Tyler, Jr. v. Culpeper County Department of Social Services 05/26/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of adoption/relative placement
1018193 Lynchburg Department of Social Services v. Channel Boxley 05/19/2020
No reversible error in trial court’s decision granting appellee’s motion to strike appellant’s evidence
1250193 Jeffrey M. Langford v. Dish Network and Indemnity Insurance Company of North America 05/19/2020
No error in Commission’s finding that appellant’s accident did not arise out of or in the course of his employment where the area appellant parked was not a part of the extended premises of his employer
1313194 Fialka Ward v. John Lee Ward 05/19/2020
Appellant’s arguments raised on appeal barred by Rule 5A:18 where she raises them for the first time on appeal
1560193 Lynchburg Department of Social Services v. Channel Boxley 05/19/2020
No reversible error in trial court’s decision granting appellee’s motion to strike appellant’s evidence
1813194 Vinay Pendli v. Sudheera Gajula 05/19/2020
Trial court did not err in its equitable distribution award of the parties’ property
1821192 Erick Smith, a/k/a Ra'Son Nasir v. Chesterfield-Colonial Heights Department of Social Services 05/19/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(B)
1833192 Kathryn Koch v. Chesterfield-Colonial Heights Department of Social Services 05/19/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B)
0526192 Jonathan Julian Vejarano v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to set aside the verdicts where the Commonwealth did not violate Brady because it elicited the testimony appellant says was withheld in time for use at trial; there was no Napue violation because the witness did not commit perjury
0838191 Johnnie Matthew Chapman v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to withdraw his no contest pleas where the evidence supports the finding that appellant knowingly and intelligently entered into a valid contract and acted in bad faith in moving to withdraw his pleas
0844194 Robert Lee Smallwood v. Commonwealth of Virginia 05/12/2020
Trial court did not abuse its discretion in adjudicating appellant’s guilt as set forth in Code § 18.2-251 when appellant failed to pay court costs as required by Code § 19.2-303.4
1016184 David Knott v. Commonwealth of Virginia 05/12/2020
Appellant’s conviction reversed and remanded where trial court erred in applying the wrong legal standard to determine whether the evidence was sufficient to convict appellant of felony destruction of property
1161191 Rashad Demond Holmes v. Commonwealth of Virginia 05/12/2020
Trial court did not err in denying appellant’s motion to suppress evidence recovered as a result of a pat-down search where the objective facts and circumstances created a reasonable suspicion that appellant was armed and dangerous
0723194 Christopher Louis Smith v. Commonwealth of Virginia 05/05/2020
No error in trial court’s finding that evidence proved appellant knowingly and intentionally possessed the firearm found by police in his hotel room
0930191 Joseph Edward Hobbs v. Commonwealth of Virginia 05/05/2020
No error in trial court’s interpretation of the 2013 plea agreement to allow the Commonwealth to seek prospective probation violations as a result of appellant’s 2013 convictions; appellant’s argument regarding his sentence barred by Rule 5A:18
1010192 Kristopher Quishon Davis v. Commonwealth of Virginia 05/05/2020
Trial court did not err in denying appellant’s motion to strike the evidence after concluding that the Commonwealth had adduced sufficient evidence, if believed by the jury, to prove appellant was the perpetrator of the burglary and larceny
1148194 Leslie Emmett Anderson v. Lea Cardoso Anderson 05/05/2020
Appellant’s arguments regarding the written statement of facts and the trial court’s classification of certain property as the separate property of appellee barred by Rule 5A:18; trial court did not err in finding handwritten documents did not represent a marital agreement between the parties and that neither party owned any real property in Brazil
1599192 Alice Shaquita Thompson v. Richmond Department of Social Services 05/05/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding termination of those rights was in the children’s best interests
1683193 BWX Technologies and Ace American Insurance Co. v. David W. Ashby 05/05/2020
Appeal dismissed where the Court, after finding appellee was not entitled to benefits, need not address whether he justifiably refused selective employment
1735193 David W. Ashby v. BWX Technologies and Ace American Insurance Co. 05/05/2020
Commission did not err in denying appellant’s claim for temporary partial disability benefits where appellant presented no evidence he marketed his residual capacity
1815192 City of Charlottesville v. William Sclafani 05/05/2020
No error in Commission’s finding that appellee’s injury during the post-lunch training session was sufficiently precise to establish a compensable injury
2017192 Julius Edward Hughes v. Richmond Department of Social Services 05/05/2020
Summary affirmance – trial court did not err in dismissing the maternal aunt’s petition for custody of appellant’s children after terminating his parental rights and approving the foster care goal of adoption
2089193 Malcolm Jason Monroe v. Jennifer Wood Monroe, n/k/a Jennifer Wood Lee 05/05/2020
Trial court did not err in not recusing itself where appellant did not prove the trial court was prejudiced or biased; trial court did not err in classifying the property and debt and ordering appellant to pay a portion of the marital debt or in awarding attorney’s fees to appellee
0297193 Brandon Servais v. Commonwealth of Virginia 04/28/2020
Trial court did not err in convicting and punishing appellant separately for possession of child pornography and production of child pornography where they are not the “same offense” for double jeopardy purposes
0365193 Lukas Charles Fultz v. Commonwealth of Virginia 04/28/2020
Trial court did not err in denying appellant’s motion to suppress where there was no unlawful trespass or search that violated appellant’s Fourth Amendment rights
0597194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Judgment of trial court affirmed
0747194 Hassan Sultan v. Nosheen Malik 04/28/2020
Trial court did not abuse its discretion in valuing the appellant’s business, in relying on appellee’s expert witness, or in using the hearing date as the valuation date for the parties’ assets
0817194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Appeal transferred to Supreme Court of Virginia as this Court lacks jurisdiction to review issues raised on appeal
0938193 Steven Wayne Glenn, Sr. v. Commonwealth of Virginia 04/28/2020
Trial court did not err in denying appellant proffered instruction on the defense of accident where the instruction did not properly state the law applicable under the facts of this case and would have confused the jury as it contradicted another instruction given to the jury
1057194 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Judgment of trial court affirmed
1375184 Alice Jin-Yue Guan v. Bing Ran 04/28/2020
Appeal transferred to Supreme Court of Virginia as this Court lacks subject matter jurisdiction
1799192 Commonwealth of Virginia v. Tyron J. Johnson 04/28/2020
Trial court did not err in granting appellee’s motion to suppress evidence recovered where appellee was seized without probable cause that a crime was afoot
1957194 Commonwealth of Virginia v. Brian Daniel Delcid 04/28/2020
Trial court did not err in granting appellee’s motion to suppress statements appellee made to the police after concluding appellee was misinformed about his rights and that his purported waiver was invalid
0301192 Taiveon Antionio Tucker v. Commonwealth of Virginia 04/21/2020
No error in trial court’s finding that evidence was sufficient to prove appellant committed robbery; trial court did not err in denying appellant’s motion to quash a subsequent indictment for first-degree murder charged under the same statute and arising from the same facts where appellant had a preliminary hearing in the juvenile court for second-degree murder
0713191 Maria Isabel Astudillo v. Commonwealth of Virginia 04/21/2020
No error in trial court’s finding that evidence was sufficient to prove that appellant’s conduct showed a reckless disregard for human life and was willful as required by Code § 18.2 371.1(B)(1)
1285183 Benjamin David Chastang v. Commonwealth of Virginia 04/21/2020
Trial court did not err in refusing to strike the abduction and use of a firearm in the commission of abduction charges where appellant’s actions were not inherent in the underlying robbery and were sufficient to constitute independent abductions
1481192 Alaida L. Jones v. Chesterfield County Public Schools and Chesterfield County School Board 04/21/2020
Summary affirmance – appellant’s arguments deemed waived for her failure to comply with Rule 5A:20(c) and (e)
1610194 Janet Ramallo v. Fairfax County and Fairfax County Board of Supervisors 04/21/2020
Commission did not err in declining to award appellant permanent total disability benefits where appellant did not meet her burden of proving that she was unable to use her limbs to any substantial degree in any gainful employment
1664193 Shelby Marie Finley v. Radford City Department of Social Services 04/21/2020
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1985184 Michelle Rahbar, f/k/a Michelle A. Clark v. Andrew F. Clark 04/21/2020
Summary affirmance – trial court did not abuse its discretion in denying her request for a continuance and appellant received the process due to her
0853191 Lindsey Wilcox v. Commonwealth of Virginia 04/14/2020
No error in trial court’s finding that evidence was sufficient to prove appellant was aware that the checks were forged, that the checks were fraudulently cashed, and that appellant took overt acts in furtherance of committing the crimes
0943192 Jerome Myers, II v. Janetta Katrece Myers 04/14/2020
Trial court erred in including spousal support payments appellee never received as income in calculating retroactive child support; remainder of decree affirmed
1507191 Food Lion, LLC and Delhaize America, LLC v. Joyce Toehlke 04/14/2020
Commission did not err in awarding continuing total temporary disability benefits to appellee where evidence proved that she provided timely notice to appellants, that the accident caused appellee’s injury, and that the doctor opined that appellee was likely to suffer a level of permanent disability
1679181 Billy Everett, s/k/a Billy Wilson Everett v. Commonwealth of Virginia 04/14/2020
No error in appellant’s conviction of defilement of a dead body where the meaning of “defile” in Code § 18.2-126(B) is not limited to sexual molestation and includes any action that dishonors or desecrates a corpse by treating it in an offensive manner and appellant’s disposal of the victim’s body constituted defilement
1720191 Commonwealth of Virginia v. Miquel Sirmir Johnston 04/14/2020
Trial court did not abuse its discretion in setting a $10,000 pre-trial bond for appellee
1972181 Rondever Williams, s/k/a Rondever Geovagia Williams v. Commonwealth of Virginia 04/14/2020
Trial court erred in denying appellant’s motion to suppress where the officers lacked a reasonable, articulable suspicion to conduct a successive traffic stop of the vehicle as the stop followed an initial stop-and-frisk that discovered no contraband and the only new information was an unreliable bare accusation levied by an individual being arrested
0426191 Rakale Jones, s/k/a Rakale L. Jones v. Commonwealth of Virginia 04/07/2020
No error in appellant’s convictions of carjacking, conspiracy to commit robbery, and use of a firearm in commission of a felony where victim’s identification of appellant as a perpetrator was sufficient to establish appellant’s criminal agency
1109191 Robert Lee Palmer v. Commonwealth of Virginia 04/07/2020
Trial court did not abuse its discretion in denying appellant’s motion for a nunc pro tunc order to amend a prior sentencing order pursuant to Code § 8.01-428(B) where appellant failed to show that the code section granted the trial court authority to reconsider the 2003 sentencing order more than twenty-one days after entry of that order
1137194 Shelly Marie Smith, n/k/a Shelly S. Davis v. William Robert Smith, III 04/07/2020
Trial court did not err in ordering appellant to pay appellee restitution for spousal support payments made after the date of her remarriage where appellant failed to fulfill her affirmative duty to notify appellee of her remarriage as soon as it occurred under the terms of the parties’ settlement agreement
1275182 Curtis Lee Stevens v. Commonwealth of Virginia 04/07/2020
Trial court did not abuse its discretion in refusing to strike two jurors for cause where the record demonstrated that both jurors indicated they could lay aside their preconceived notions
1147194 Dougals Woloshin v. Lillian Woloshin 03/31/2020
No error in that part of judgment holding appellant shall pay to appellee one-half of marital share of full retirement benefit payments earned by appellant; error in that part of judgment regarding apportionment, taxation, and payment of retirement benefit payments
1189194 Nina T. Daniel v. Selden L. Daniel 03/31/2020
Trial court did not err in granting motion in limine ordering appellant could not present any evidence, in finding appellee traced a separate property contribution into the marital home, in imputing income to appellant, and in awarding attorney’s fees to appellee
1262194 Rolf Pemberton v. Kathryn Mallek 03/31/2020
Trial court did not err in denying appellant’s motion to enforce visitation and appoint a reunification therapist, in granting appellee’s motion in limine excluding testimony, and in awarding appellee attorney’s fees
1315191 City of Newport News v. Peninsula Neurosurgical Associates, Inc. 03/31/2020
Commission did not abuse its discretion in not applying the doctrine of laches where it found a lack of necessary prejudice; merits of argument regarding exclusion of evidence not addressed where appellant did not ask the Commission to rule on that evidentiary issue and review of decisions of a deputy commissioner are not in this Court’s appellate jurisdiction
1382191 Peninsula Neurosurgical Associates, Inc. v. City of Newport News 03/31/2020
Commission did not err in declining to award attorney’s fees to appellant where the appellee’s defense of laches, while unsuccessful, was not unreasonable
1632194 Sylvia Martin v. Virginia Beach Public Schools and Corvel Corporation 03/31/2020
No error in Commission’s finding that appellant failed to prove that her injuries arose out of a risk of her employment
1927192 Kathie Choinski v. Virginia State University/Commonwealth of Virginia 03/31/2020
Summary affirmance – no error in Commission’s finding that appellant failed to prove by a preponderance of the evidence that her injuries arose out of her employment
0384194 Neelab Hashimi Ahmadzi v. Commonwealth of Virginia 03/24/2020
Trial court erred in finding evidence sufficient to support conviction of extortion where the victim voluntarily agree to pay appellant and willingly opened his wallet to pay her before appellant made any threat or accusation
0969194 Wanda Cooper v. Ronald Mack Cooper 03/24/2020
No error in parties’ final decree of divorce where appellant’s actions and words manifested her intention to enter in the agreement, forgo a trial, and end the litigation
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 03/24/2020
Upon Rehearing En Banc – judgment of trial court affirmed for reasons set forth in the panel opinion
1965184 Srijaya K. Reddy v. Neil J. Adler 03/24/2020
No error in trial court’s interpretation of parties’ pre-marital agreement regarding the marital residence and the marital debt
0034193 Carrie Pilenza v. Nelson County Department of Social Services 03/17/2020
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to substantially remedy the circumstances resulting in the child being abused and neglected
1157194 Michael F. O'Connor v. Stephanie Shae, f/k/a Stephanie Shea O'Connor 03/17/2020
Decision of trial court finding there had not been a material change in circumstances warranting a reduction in appellant’s spousal support obligation affirmed; decision of trial court awarding attorney’s fees to appellee without the required balancing reversed and remanded to trial court
1501191 Jennifer Walker v. City of Virginia Beach Department of Human Services 03/17/2020
Summary affirmance – appellant’s argument on appeal that the trial court erred by finding the evidence sufficient to issue the child protective order that supervised visitation was appropriate waived for failure to timely file the transcript from the circuit court hearing
1656194 Dixie Construction Co. Inc. and Hartford Underwriters Ins. Co. v. Timothy Stokes 03/17/2020
No error in Commission’s award of benefits to appellee where appellee proved a compensable injury by accident arising out of his employment and appellee marketed his residual capacity in light of his education, experience, and work restrictions
0373191 Ronald Lee Green v. Commonwealth of Virginia 03/10/2020
Trial court did not err in allowing the Commonwealth to cross-examine appellant about his prior offenses during the sentencing phase of his trial to rebut his testimony introducing evidence of his good character
1115191 Parker Mizelle v. Holiday Ice, Inc. and Graphic Arts Mutual Insurance Company 03/10/2020
No error in Commission’s finding that appellant willfully failed to wear a seat belt and that appellant’s willful misconduct barred him from receiving an award of benefits
1252193 James Madison University/Commonwealth of Virginia v. Irma D. Housden 03/10/2020
No error in Commission’s award of benefits to appellee where she proved her spider bite injury arose out of her employment
1346193 David Wayne Minnick v. Tamela Laura Minnick 03/10/2020
Summary affirmance – no error in the final decree of divorce regarding appellee’s retirement account, grounds for divorce, equitable distribution, and attorney’s fees
1572193 Brandon Scott Lambert v. Harrisonburg/Rockingham Social Services District 03/10/2020
Trial court did not err in granting the child protective order against appellant
0160192 Christopher Lee Hammock v. Halifax County Department of Social Services 03/03/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of relative placement/adoption
0161192 Christopher Lee Hammock v. Halifax County Department of Social Services 03/03/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of relative placement/adoption
0647194 Jeffrey Paul Riddel v. Commonwealth of Virginia 03/03/2020
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant failed to raise in the trial court the argument he raises on appeal
0668184 Torre Lamar Middleton v. Commonwealth of Virginia 03/03/2020
Trial court did not err in refusing appellant’s proposed instruction on entrapment where the evidence established that the idea for appellant to sell drugs originated with appellant and not the detectives
0728194 Dustin Aubrey Gram v. Commonwealth of Virginia 03/03/2020
No error in trial court’s finding that appellant did not act in self-defense and that evidence was sufficient to prove appellant unlawfully wounded his brothers
1415193 Virginia Department of Corrections v. Whitney Montgomery 03/03/2020
Decision of trial court reversing agency decision terminating appellee is reversed and decision of agency is reinstated
1515193 Commonwealth of Virginia v. Damian Ryan Eutsler 03/03/2020
No error in trial court’s finding that appellee did not abandon the hard drive; trial court erred in finding that the delay in seeking a search warrant converted the lawful acquisition of the hard drive to an unreasonable seizure
0907193 Perparim Rexha v. Harrisonburg City Public Schools and Sedgwick Claims Management Service 02/25/2020
Summary affirmance – no error in Commission’s findings that appellant did not establish a change in condition and that appellant did not adequately market his residual work capacity
1030194 Farah Khakee, f/k/a Farah Rodenberger v. David Wayne Rodenberger 02/25/2020
Judgment of trial court excluding text messages as hearsay when appellant did not provide an explanation how the double hearsay satisfied an exception to hearsay rule and modifying custody of the parties’ children affirmed; appellant’s other assignments of error waived for failure to properly brief them and her failure to present them to the trial court
1075193 Chad Lam, Vicky Lam, Bruce Lam and Sharon Lam v. Harrisonburg Rockingham Social Services District 02/25/2020
As the record on appeal does not contain a transcript necessary to review of the issue raised on appeal, judgment of trial court affirmed
1198194 Abel Asgedom v. Airport Terminal Services, Inc. and Sentry Casualty Co. 02/25/2020
Commission did not err in terminating appellant’s temporary total disability benefits where it found appellant could return to his pre-injury employment or in finding the requested diagnostic studies are not causally connected to the compensable injury
1417181 Crystal Estelle Baker v. Commonwealth of Virginia 02/25/2020
Trial court erred in denying appellant’s motion to suppress evidence recovered during a warrantless search of the vehicle appellant was driving
1316184 James Carroll Durrette v. Commonwealth of Virginia 02/18/2020
Judgments of trial court affirmed where the arguments raised in the trial court addressed modus operandi rather than the common scheme argument appellant raises on appeal and the two concepts are not the same
1438192 Commonwealth of Virginia v. Nathaniel Lamont Brock 02/18/2020
Trial court erred in dismissing the charges against appellee on double jeopardy grounds where the appellee waived his double jeopardy objection and the second prosecution did not violate appellee’s constitutional protections against double jeopardy
1591184 Jerode Demetrius Johnson v. Commonwealth of Virginia 02/18/2020
Trial court did not err in denying appellant’s motion to suppress his statements to the police at the scene of the accident and later at the hospital or the results of the blood drawn at the hospital after he was informed of the implied consent law
0074193 Timothy M. Barrett v. Commonwealth of Virginia, et al. 02/11/2020
No error in trial court’s 2018 order modifying appellant’s child support obligation upon remand from this Court
0201193 Marshall Sylvan Silver, Jr. v. Commonwealth of Virginia 02/11/2020
Any error by trial court to instruct jury on voluntary manslaughter harmless where the jury could not have found reasonable provocation because it found premeditation when it convicted appellant of first-degree instead of the lesser-included offense of second-degree murder on which it was instructed
0803192 Angela Darr v. Spotsylvania County Department of Social Services 02/11/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(2) and finding that termination was in children’s best interests
1446183 Sean Denzel Guerrant v. Commonwealth of Virginia 02/11/2020
Trial court did not err in finding evidence was sufficient to prove appellant possessed the firearm and the ammunition in the firearm and that the ammunition met the statutory definition of ammunition; trial court erred in convicting appellant of possession of a firearm by a violent felon and possession of ammunition by a felon
1654181 Shelton Givens v. Commonwealth of Virginia 02/11/2020
Trial court did not abuse its discretion in refusing to allow the entirety of appellant’s recorded statement into evidence where he did not carry his burden of proving an exception to the hearsay rule or in limiting the introduction into evidence of victim’s prior convictions and other evidence that was relevant to appellant’s self-defense claim
0306194 Deja Lachee McNair v. Commonwealth of Virginia 02/04/2020
Trial court applied the wrong standard in determining whether to revoke appellant’s suspended sentence
0532192 Timothy Lamont Booth, Jr. v. Commonwealth of Virginia 02/04/2020
Appellant’s conviction of possessing ammunition as a felon reversed where evidence did not prove beyond a reasonable doubt that appellant actually or constructively possessed the ammunition
0552194 Lamar Ortaga McLean v. Commonwealth of Virginia 02/04/2020
No error in trial court’s finding that appellant did not meet his burden to establish that his involvement in the drug transaction constituted an accommodation under Code § 18.2-248(D)
1047194 Tracey Cook and Arthur Cook v. Gary Scott Jensen and Jennifer Debra Springer Jensen 02/04/2020
Judgment of trial court granting adoption of the child affirmed
1134194 Ronald P. Ferry v. Sandra M. Beard 02/04/2020
Trial court did not err in ordering appellant to reimburse appellee for pension payments he received in violation of appellee’s property rights, in awarding appellee attorney’s fees, or in denying appellant’s request for attorney’s fees
1357194 Anita Simms v. Alexandria Department of Community and Human Services 02/04/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i) and finding that termination was in child’s best interests
1512184 Lisa Brewer v. Springfield Toyota and VADA Group Self-Insurance Association 02/04/2020
Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider her arguments
1624193 Monica Marie Fritz v. Brian Joseph Fritz 02/04/2020
Trial court did not err in dismissing appellant’s complaint that appellee breached a mediated agreement to pay child support where appellant is estopped from raising the arguments because they are inconsistent with her position in the parties’ divorce proceedings
0724194 Joel Rene Abalos v. Commonwealth of Virginia 01/28/2020
Judgment of trial court affirmed pursuant to Rule 5A:18 where record on appeal fails to show appellant raised the issue he presents on appeal to the trial court
0867194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0869194 Rahul Kishore Chaudhry v. Lisa Judith Chaudhry 01/28/2020
Trial court did not err in awarding appellee child and spousal support retroactive to the date appellee filed the complaint for divorce; trial court did not abuse its discretion in the overall awards of child support, spousal support, arrearages, and attorney’s fees or in denying appellant’s motion to reconsider
0900194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0901194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
0902194 Culpeper County Department of Social Services v. Vanessa Caison 01/28/2020
Trial court erred in finding it lacked both active and potential jurisdiction over this matter
1072193 Gerald Randolph Wall v. Giles County Department of Social Services 01/28/2020
Trial court did not err in terminating appellant’s parental rights to his children under Code § 16.1-283(C)(2) and finding that the Department had provided appellant reasonable services
1106193 Angel Lee Parks v. Giles County Department of Social Services 01/28/2020
Trial court did not err in terminating appellant’s parental rights to two of her children under Code § 16.1-283(E)(i) and finding that termination of her parental rights was in the children’s best interests
0528194 Craig Brown and Bonnie Brown v. Prince William County Department of Social Services 01/14/2020
Trial court did not err in dismissing appellants’ appeal where the September 10, 2018 order was a final order for purposes of appealing the CHINS case and the appellants’ notice of appeal was not timely filed with regard to that order
1245192 Commonwealth of Virginia v. Warren Hampton Ferguson 01/14/2020
Trial court erred in holding this prosecution violated the constitutional protection against double jeopardy where the possession of the drugs on his person and in his home constituted two separate and distinct acts and occurred in two separate jurisdictions
1359184 Eric Fitzgerald Jones v. Commonwealth of Virginia 01/14/2020
Trial court did not err in denying appellant’s motion to suppress or denying in part appellant’s motion for stipulation; evidence was sufficient to support appellant’s conviction of possession of a firearm by a violent convicted felon
1392181 Bryan Steven Ruff v. Commonwealth of Virginia 01/14/2020
Trial court erred in revoking appellant’s suspended sentences where he had not violated the terms of probation by failing to pay restitution for a conviction where no restitution was ordered and the record failed to demonstrate why his payments made had been unreasonable based on the terms in his sentencing order
1541184 Ackeem S. Edwards v. Commonwealth of Virginia 01/14/2020
Trial court reached the correct result in declining to issue a deferred disposition under Starrs v. Commonwealth, 287 Va. 1 (2014), after making a formal, written adjudication of guilt
0954193 Charles Ray Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child under Code § 16.1-283(C)(2)
0955193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0956193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0957193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children under Code § 16.1-283(C)(2)
0958193 September R. Lynn v. Campbell County Department of Social Services 01/07/2020
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(C)(2)
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 01/07/2020
Petition for rehearing en banc granted
1592174 Ramon Antonio Kenan v. Commonwealth of Virginia 01/07/2020
Trial court did not err in finding appellant had violated the terms of his probation
0009194 Jerald Thomas McClard, s/k/a Jerold Thomas McClard, Jr. v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence proved two separate collisions with separate causations and a sufficient temporal interval between the two collisions; two convictions of hit and run affirmed
0330194 Craig Brown and Bonnie Brown v. Daniel Cerniglia and Millicent Cerniglia 12/27/2019
Trial court did not err in dismissing this appeal from the juvenile and domestic relations district court as moot where the child had turned eighteen
0414191 Ryan Stacy v. Commonwealth of Virginia 12/27/2019
Judgment of trial court affirmed where appellant’s sole assignment of error is non-reviewable as this Court has no authority to review a trial court’s sentencing guideline calculations
0488191 Christopher Partain, s/k/a Christopher J. Partain v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that appellant’s failure to appear was willful where evidence proved appellant had notice of the proceeding
0596194 Veronika R. Petrova v. Maxwell S. Leach 12/27/2019
Trial court did not abuse its discretion in ordering appellant to limited supervision with the parties’ child until appellant surrendered the child’s passport
1128194 Tameka Johnston v. City of Alexandria Department of Community and Human Services 12/27/2019
Trial court did not err in dismissing appellant’s appeals terminating her parental rights and approving the foster care goal of adoption to her children when she failed to appear at the hearing
1190184 Ronald Moya Obando v. Commonwealth of Virginia 12/27/2019
Judgment of trial court affirmed where appellant waived his objection to the admission of hearsay evidence from the police translator where he failed to object to some of the evidence in a timely fashion and also elicited evidence of his own on the same subject
1283181 Derrell Marques Harrell, s/k/a Darrell Marques Harrell v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove an agreement between appellant and the driver of the vehicle for selling heroin
1791181 Deshawn Holly, s/k/a Deshawn Leon Holly v. Commonwealth of Virginia 12/27/2019
Trial court did not err in denying appellant’s motion to suppress where, because exigent circumstances existed, the initial entry into the motel room did not violate the Fourth Amendment
1880184 Rodolfo Bustos v. Commonwealth of Virginia 12/27/2019
Trial court did not abuse its discretion in refusing to strike a potential juror for cause where the record does not show the potential juror could not be fair and impartial or in denying appellant’s amended jury instruction on geriatric parole
1887181 Andre Wilson, Jr., s/k/a Andre Darryl Wilson, Jr. v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was the perpetrator of the statutory burglary, petit larceny and obtain money by false pretenses offenses
1933184 Berry Morrow v. Commonwealth of Virginia 12/27/2019
Trial court did not err in relying on the Commonwealth’s proffer and in admitting the officer’s testimony as to results of the marijuana field test
1978181 Dorain Jerod Myers v. Commonwealth of Virginia 12/27/2019
No error in trial court’s finding that evidence was sufficient to prove the handgun in the zippered backpack on the floorboard of the front passenger seat of the vehicle appellant was driving was not in a secured container or compartment and was about appellant’s person
0346184 Galen Michael Baughman v. Commonwealth of Virginia 12/17/2019
Trial court had the authority to place appellant on probation for the rest of his life where the re suspension of a sentence after revocation of a previous suspension is a new suspension and did not abuse its discretion where that condition was reasonable; appellant’s argument regarding the probation condition restricting his internet use barred by Rule 5A:18
0594192 Hampton H. Jackson, Jr. v. Crystal N. Jackson 12/17/2019
Trial court did not err in entering orders providing for division of appellant’s pension and awarding appellee attorney’s fees; appellant’s argument challenging the classification of his pension as a marital asset barred by Rule 5A:18
0718192 David Michael Hodges v. Donna Marie Hodges 12/17/2019
No error in final decree of divorce regarding equitable distribution, spousal support or the attorney’s fee award to appellee
0777192 William R. Bowers v. Amazon.Com and American Zurich Insurance Company 12/17/2019
No error in Commission’s denial of benefits where appellant failed to prove his injury arose out of his employment
0997192 Exandrea S. Owen v. Christopher E. Owen 12/17/2019
Trial court did not err in interpreting the parties’ spousal support agreement or in reducing the amount of the spousal support payment to appellant
1117194 Kenneth Martin v. United Continental Holdings, Inc. 12/17/2019
Commission did not err in denying appellant’s claim alleging a change in condition where the record supports its finding that there was no causal relationship between appellant’s left shoulder condition and his compensable right shoulder injury
1261182 Rashard S. Cutler, s/k/a Rashard Sanders Cutler v. Commonwealth of Virginia 12/17/2019
Trial court did not abuse its discretion in refusing to admit evidence of third party guilt; error by trial court in allowing the Commonwealth to impeach its own witness harmless where the testimony was cumulative of other testimony
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 12/10/2019
Upon a Rehearing – no error in Commission’s finding that appellant had reached maximum medical improvement and sustained a 2% permanent partial disability of her left upper extremity
0310194 Jessica Nicole Baldwin v. John Denton Baldwin 12/10/2019
Trial court erred in granting appellee’s plea in bar based on a contractual waiver on a petition for a protective order
0347182 Harold Baugh, s/k/a Harold J. Baugh v. Commonwealth of Virginia 12/10/2019
Trial court did not err in setting the amount of restitution appellant was required to pay the victim as a condition of his suspended sentence
0640192 Carlene Wynn v. Department of Military Affairs/Commonwealth of Virginia 12/10/2019
Court finds appellant’s assignments of error raised on appeal waived for her failure to comply with the Rules of Court
0712194 Ricardo Howell v. Virginia Department of Social Services 12/10/2019
Trial court reached right result by sustaining the plea in bar because appellant’s notice of appeal was not physically delivered to and received by the appellee within the requisite time period
0999194 Warren D. Blatz, Jr. v. Cynthia A. Blatz 12/10/2019
Trial court did not abuse its discretion in not apportioning any of the marital debt to appellee, in awarding appellee more tangible property or in requiring appellant to bear the burden of drafting the QDRO to effect the division of funds where he possessed the information necessary for drafting the QDRO
1469184 Lucan Sheldon Lightfoot v. Commonwealth of Virginia 12/10/2019
Trial court did not err in finding the evidence was sufficient to prove appellant possessed the firearm and the ammunition recovered from the car in which he was a passenger
1686181 Mark M. Whitaker v. Commonwealth of Virginia 12/10/2019
Trial court did not err in refusing to quash the indictments from the special grand jury; evidence for sufficient to jury to convict appellant of three counts of forgery
1823182 Christine Francis Parham, a/k/a Christine Francis Miller v. Commonwealth of Virginia 12/10/2019
No error in trial court’s finding that appellant consented to the search and that the scope of the consent extended to a search of her purse
0611193 Roy Mitchell Darby v. City of Roanoke Department of Social Services 12/03/2019
Summary affirmance – no error in trial court’s orders terminating appellant’s parental rights, approving the foster care goals, and denying his motions for custody
0349194 Samira Ait Sitahar v. Loay Al-Jawahiry 11/26/2019
Judgment of trial court regarding custody of and visitation with the parties’ child and award of attorney’s fees to appellee affirmed where appellant did not proffer her expected testimony; the trial court did not abuse its discretion in admitting evidence regarding events predating the custody order or in awarding attorney’s fees to appellee
0395194 Ernest Highsmith v. Claretha J. Highsmith 11/26/2019
Judgment of trial court affirmed where trial court had limited jurisdiction to modify its final decree to correct a legal error apparent on the face of the decree
0692194 Mohammad Sorour v. Avalon Transportation, LLC and Insurance Company of the West 11/26/2019
No error in Commission’s denial of benefits where appellant could not establish the causal connection between his injury and the conditions under which his employer required the work to be performed
0871184 Martin Warner, Jr. v. Commonwealth of Virginia 11/26/2019
Trial court did not err in denying appellant’s motion to suppress after finding the officers possessed probable cause to stop appellant and the length of the stop did not violate the Fourth Amendment; trial court did not abuse its discretion in admitting the exhibits related to the drugs recovered and the chemical analysis of those drugs
0883192 Deborah Wilson v. Hanover County Department of Social Services 11/26/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(2); appellant’s due process argument waived as appellant failed to timely file the transcript from the hearing
1364184 Anthony Dwayne Terry v. Commonwealth of Virginia 11/26/2019
Convictions of conspiracy to distribute fentanyl and conspiracy to distribute furanyl fentanyl affirmed where double jeopardy argument barred by Rule 5A:18, the failure to object to one of the instructions effected a waiver of his challenge to two other instructions, and evidence was sufficient to support both convictions
1475183 Zakaria Ismail Kronemer v. Commonwealth of Virginia 11/26/2019
No error in trial court’s finding that appellant was “detained” as contemplated by Code § 19.2 82.1 where he submitted to a show of police authority
1870183 Deborah Caldwell-Bono & Benny Bono v. State Building Code Techincal Review Board, et al. 11/26/2019
Trial court did not err in sustaining appellees’ demurrer where appellants were not aggrieved parties under VAPA regarding the Technical Review Board’s designation of their neighbors’ barn as a farm building
0007191 Aaron Louis Goldberg v. Commonwealth of Virginia 11/19/2019
Any error by trial court in admitting the results of the horizontal gaze nystagmus test harmless in light of the other overwhelming evidence of appellant’s guilt of driving under the influence, third offense within ten years
0368194 Hyunsook Highland v. Virginia Board of Nursing 11/19/2019
As appellant was not eligible for licensure under Code § 54.1-3020(A)(2), judgment of trial court affirmed except insofar as it granted a partial remand to appellee on issue of whether appellant was eligible for licensure under 18 VAC 90-19-120(A)(2)(a)
1339181 Garrett R. Salley v. Commonwealth of Virginia 11/19/2019
Trial court did not err in denying appellant’s motion to strike where the officer’s testimony and the trial court’s observation proved the officer’s service pistol was a firearm and appellant intentionally grabbed it while intending to disarm the officer
1548181 Ervin Elijah Powell v. Commonwealth of Virginia 11/19/2019
No error in trial court’s finding that evidence was sufficient to prove appellant knew the truck he was driving had been stolen
1716183 Darius Marquiese Dukes, s/k/a Darius Marquise Dukes v. Commonwealth of Virginia 11/19/2019
Trial court did not err in denying appellant’s motion to suppress where the police lawfully stopped the vehicle in which appellant was a passenger and appellant lacks standing to challenge the search of that vehicle
0227193 Kristy Marie Armstrong, n/k/a Kristy Marie Roadcap v. Adam Christopher Armstrong 11/12/2019
Judgment of trial court pertaining to child custody, visitation, grounds for divorce, and attorney’s fees affirmed
0962193 Commonwealth of Virginia v. Jared William Stanley 11/12/2019
Trial court erred in suppressing evidence discovered as a result of the May 10, 2018 search warrants
1259183 Margaret Lynn Lindow v. Commonwealth of Virginia 11/12/2019
No error in trial court’s finding that evidence proved appellant took the jewelry from the victim with the intent to permanently deprive the victim of the stolen items
1672184 Maurice Lance Duhart v. Commonwealth of Virginia 11/12/2019
Trial court did not err in finding it lacked jurisdiction to decide appellant’s motion for reconsideration of his sentence under Code § 19.2-303 where appellant had been transferred to the custody of the Department of Corrections
1695181 Martrell Dae-Shawn Beamon, s/k/a Martrell Dae Shawn Beamon v. Commonwealth of Virginia 11/12/2019
Evidence was sufficient, despite some inconsistencies in the victim’s testimony, to support appellant’s convictions; trial court did not err in denying appellant’s motion to set aside the verdict
0164191 Jupiter D. Wilson v. City of Chesapeake 11/05/2019
No error in Commission’s finding that appellant’s argument that his period of disability was incorrectly calculated is barred by principles of res judicata; Commission did not abuse its discretion in denying appellant’s motion to sanction appellee; appellant’s arguments regarding violation of his constitutional rights barred by Rule 5A:18
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 11/05/2019
Petition for rehearing granted
0338194 Carl Attebery Scott v. Fabiola Cabos Scott 11/05/2019
Trial court did not err in determining the appellant’s proportion of his separate share of the marital home or in awarding attorney’s fees to appellee
0798193 Christopher Ray Thompson v. Dale Eugene Gillespie and Patty Ann Gillespie 11/05/2019
No error in trial court’s finding that adoption was in the child’s best interests and that appellant was withholding his consent contrary to the child’s best interests
0975193 Commonwealth of Virginia v. Rasheda Ray 11/05/2019
Decision of trial court finding that the Commonwealth failed to meet its burden of proving that appellee freely and voluntarily consented to the search affirmed
1141182 Melvin Yovany Argueta-Diaz v. Commonwealth of Virginia 11/05/2019
Trial court did not err in denying appellant’s motion to suppress, in admitting into evidence gang members’ convictions and appellant’s drawings and photographs or in finding evidence was sufficient to prove appellant was a gang member and that his assault of the victim was done for the benefit of, at the direction of, or in association with a criminal street gang
1373182 Leonides Dorestal, Jr., s/k/a Leonidas Dorestal, Jr. v. Commonwealth of Virginia 11/05/2019
Evidence was sufficient to support jury’s verdict of child cruelty where it proved appellant’s discipline of the victim exceeded due moderation
1903182 Scott Russell Steggall v. Commonwealth of Virginia 11/05/2019
Trial court erred in finding evidence was sufficient to prove lascivious intent where appellant exposed himself once in a public place in the presence of a child
0849192 Commonwealth of Virginia v. Eric Tremaine Williams, Jr. 10/29/2019
Trial court erred in suppressing evidence concerning the illegal actions taken by appellee after the officers were on his property and in dismissing the indictments when the Commonwealth had the statutory right to appeal
0850192 Commonwealth of Virginia v. Donna Carol Williams 10/29/2019
Trial court erred in suppressing evidence concerning the illegal actions taken by appellee after the officers were on her property and in dismissing the indictments when the Commonwealth had the statutory right to appeal
1809183 Jonathon I. Bowerbank v. Beneen L. Bowerbank 10/29/2019
Trial court erred in failing to give appellant credit for the $86,000 payment towards his past due obligations
0259192 Tom Dawson v. County of Henrico and Virginia Association of Counties Group Self-Insurance Risk Pool 10/22/2019
No error in Commission’s decision denying appellant’s request for compensation covering home health care twenty-four hours a day, seven days a week where appellant’s treating physician did not establish that the care was necessary medical attention
0498194 Hyatt Place-Chantilly Dulles and Hyatt Corporation v. Virginia Alvarenga 10/22/2019
No error in Commission’s finding that appellee’s requested surgery was reasonable, necessary, and casually related to the work accident
0519181 Conway Spence Hyman v. Commonwealth of Virginia 10/22/2019
Trial court did not err in denying appellant’s motion to suppress where the totality of the circumstances established that the 911 caller was not an anonymous informant but a citizen informant whose reliability was evidenced by his being accountable to the police if the report was erroneous
0534193 Anthony Harris v. Danville Department of Social Services 10/22/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to his child
0863181 Malcolm Augustus Jordan v. Commonwealth of Virginia 10/22/2019
Trial court did not err in denying appellant’s motion to vacate where there was sufficient evidence of constructive possession of the drugs and firearms; appellant’s argument regarding his conviction of maintaining a common nuisance barred by Rule 5A:18
1011181 Aaron Anthony Marsh v. Commonwealth of Virginia 10/15/2019
No error in trial court’s finding that the application of Code § 19.2-268.3 in this case would not violate appellant’s Confrontation Clause rights
1117181 Lena Katherine Pullin v. Commonwealth of Virginia 10/15/2019
Trial court did not err in denying appellant’s motion to strike and set aside the verdict where the evidence was sufficient to prove appellant inflicted non-accidental injuries on the child while the child was in her care and that this conduct exposed the child to a substantial risk of serious injury
0275192 Cynthia Colyer Allen v. County of Henrico Public Schools, et al. 10/08/2019
Commission did not err in accepting the doctor’s rating in its entry of the award for permanent partial disability benefits for appellant
0686194 Corbin Moon v. Virginia Department of Social Services 10/08/2019
Summary affirmance – trial court did not err in denying appellant’s motions to remand or in finding evidence was sufficient to support appellee’s finding of a Level One finding
0991191 Hamid Tabibi v. Westminster-Canterbury on Chesapeake Bay & Eastern Alliance Insurace Company 10/08/2019
Summary affirmance – decision of Commission affirmed based on appellant’s failure to comply with the Rules of Court
0995183 James Parnell Peaks v. Commonwealth of Virginia 10/08/2019
Court does not reach appellant’s argument whether trial court erred in admitting evidence of appellant’s prior sales of methamphetamine where appellant testified to having previously sold drugs during his case-in-chief
1130193 Michael W. Falin v. Virginia Workers' Compensation Commission 10/08/2019
Summary affirmance – no error in Commission’s finding that the award of attorney’s fees in t he compromise settlement was reasonable
1189182 Gary Nathaniel Blowe, Jr. v. Commonwealth of Virginia 10/08/2019
Judgment of trial court affirmed where there were two distinct attacks on one victim and the evidence proved the injury to the other victim was significant and permanent; arguments regarding one of appellant’s double jeopardy claims and his Batson claim waived under Rule 5A:18
1525183 Herbert Snipes v. Commonwealth of Virginia 10/08/2019
Trial court did not abuse its discretion in denying appellant’s proffered self-defense instruction where there was no evidence in the record of an overt act by the victim to support the instruction
0291192 Kimberly S. Wyatt v. Roger G. Wyatt 10/01/2019
Trial court did not abuse its discretion in determining spousal support was not appropriate in this case, in awarding appellee child care costs, and in declining to award attorney’s fees to appellant
0518194 Stephanie Lee Taylor v. City of Alexandria Department of Community and Human Services 10/01/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights and approval of the foster care goals to two of her children was in the children’s best interest
0617193 Victoria Herrera v. City of Roanoke Department of Social Services 10/01/2019
Trial court did not err in denying appellant’s motion for a continuance or in terminating appellant’s parental rights to two of her children
0858194 Bashir Altamimi v. City of Alexandria Department of Community and Human Services 10/01/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights and approving the foster care goal of adoption for his child
0885181 Steven Anthony Trace v. Commonwealth of Virginia 10/01/2019
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence proved appellant’s conduct implied an assertion that appellant, a convicted felon, possessed a firearm when he confronted the victim
1113181 Hilliard Dywane Moore v. Commonwealth of Virginia 10/01/2019
Trial court did not err in imposing the five-year mandatory minimum sentence required for a conviction of possession of a firearm while in possession of a controlled substance with intent to distribute where the indictment alleged that appellant was in possession of both a firearm and controlled substances he intended to distribute and the stipulated evidence proved those facts
1458182 Walker W. Ware, IV, a/k/a W. Walker Ware, IV v. Commonwealth of Virginia 10/01/2019
Trial court erred in denying appellant’s motion to strike appellant’s embezzlement conviction where evidence did not prove money at issue was property of another entrusted to appellant and appellant’s attempt to extort conviction where the notice of intent to file a lien, the only alleged threat, was in the context of a judicial proceeding
1850182 Tammy Nicole Pittman v. Robert Wayne Pittman, III 10/01/2019
Trial court erred in failing to award appellant child support retroactively to the commencement of the proceeding as required by Code § 20-108.1
0170192 Carl Dorman v. Commonwealth of VA, Dept. of Motor Vehicles & Richard D. Holcomb, Commissioner 09/24/2019
Decision of trial court affirming DMV’s decision to deny appellant’s request to renew his license affirmed where the DMV did not violate appellant’s due process rights, appellant failed to meet his burden to prove the agency action was invalid, and the evidence supports the agency decision
0620181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court imposing as a condition of appellant’s suspended sentence that he be of good behavior for life upon release from incarceration affirmed where appellant failed to preserve his claim at trial and Rule 5A:18’s ends of justice exception does not apply
1075181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court imposing as a condition of appellant’s suspended sentence that he be of good behavior for life upon release from incarceration affirmed where appellant failed to preserve his claim at trial and Rule 5A:18’s ends of justice exception does not apply; Rule 5A:20 bars review of argument regarding trial court’s deviation from plea agreement
1076181 Sonny James Kelly v. Commonwealth of Virginia 09/24/2019
Decision of trial court revoking appellant’s suspended sentences affirmed where appellant conceded at the revocation hearing that the had violated the terms of his probation within the applicable period of good behavior; ends of justice provision of Rule 5A:18 does not apply in this case
1145182 Jaquan Markel Bland v. Commonwealth of Virginia 09/24/2019
Appellant’s argument on appeal waived under Rule 5A:18 where appellant did not make the same argument before the trial court that he raises on appeal
1877181 Jillian Pang v. Air Wisconsin Airlines and Ace American Insurance Company 09/24/2019
No error in Commission’s finding that appellant failed to prove she suffered a compensable injury or contracted an occupational disease/compensable ordinary disease of life as a result of her employment as a flight attendant
0780194 David J. Sonich v. International Business and Liberty Insurance Corporation 09/17/2019
Summary affirmance – appellant’s arguments waived for his failure to comply with Rule 5A:20
1238181 Antonio Wright v. Commonwealth of Virginia 09/17/2019
No error in trial court’s finding that evidence was sufficient to prove appellant’s 2003 conviction falls under the sexually violent offender definition and that appellant was required to register as a sexually violent offender
0327191 Commonwealth of Virginia v. Oliver Wade 09/10/2019
Trial court’s granting of bond reversed where trial court abused its discretion by either applying an inapposite presumption or failing to apply a required presumption
0523193 James Cecil Whitener, Sr. v. Pulaski County Department of Social Services 09/10/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(1)
0226193 Aldine Dove, Sr. v. Herbert Propst and Karen Sue Propst 09/03/2019
Trial court did not abuse its discretion in finding that it was in the child’s best interest to award custody to the maternal grandparents
0380194 Michael Effler v. Cardinal Logistics Management Corp. & Sedgwick Claims Management Services, Inc. 09/03/2019
Commission did not err in denying appellant’s claim for benefits where appellant did not establish what caused him to fall
0540192 Commonwealth of Virginia v. Amir Fareed Suluki 08/27/2019
Trial court erred in granting appellee’s motion to dismiss on speedy trial grounds where appellee’s failure to object amounted to acquiescence the delay would be charged against him and the prior pretrial mandate tolling period did not relieve appellee of the burden to object if the trial is scheduled beyond the 60-day mandate tolling provision
1560183 Peter Anthony DeLuca v. Tracie Ondich DeLuca 08/27/2019
Judgment of trial court affirmed except insofar as it pertains to the award of attorney’s fees to appellee where the parties’ property settlement agreement provided each party would pay their own fees
2001184 Farah Khakee v. David W. Rodenberger 08/27/2019
Judgment to trial court finding appellant in contempt for failing to pay certain sums to appellee affirmed
0500191 Commonwealth of Virginia v. Nicholas Capps 08/20/2019
Trial court erred in suppressing appellee’s statements to the officer as involuntary where the record shows there was no police coercion that produced appellee’s statements
0504193 Eugene Jeffrey McNeil v. City of Roanoke Department of Social Services 08/20/2019
Trial court did not err in terminating appellant’s rights to his child and approving the foster care goal of adoption
0255192 Carolyn Rumbaugh v. Shawn Peddicord 08/13/2019
Trial court did not err in vacating its order reinstating the matter, in denying appellant’s motions, and in holding that its order dismissing the show cause against appellee was in full force and effect
1771174 Dilshad Sabri Dosky v. Commonwealth of Virginia 08/13/2019
No reversible error in trial court’s determinations regarding the exclusion or admission of evidence, in its denial of appellant’s motions for a mistrial and for a new trial based on juror misconduct, or in its refusal to give an involuntary manslaughter instruction
1814184 Douglas A. Steinberg, Guardian Ad Litem for the Minor Children v. Nurelen Befekadu, et al. 08/13/2019
Judgment of trial court affirmed where appellant did not challenge on appeal the trial court’s dismissal on grounds of mootness and that ground alone provides a sufficient legal foundation for the trial court’s ruling
0699194 Govstrive, LLC, and Ohio Security Insurance Company v. Melvin Bethea 08/06/2019
Summary affirmance – no error in Commission’s finding that appellant’s injuries were causally related to the work accident
0017194 Bricia Roslyn Bryant v. Staybright Electric and Old Republic Insurance Company 07/30/2019
Summary affirmance – as appellant’s failure to comply with the Rules of Court is significant, Court will not consider appellant’s assignments of error
0107192 Mary Carter McConnell v. James Hoge Tyler McConnell, Jr. 07/30/2019
Judgment of trial court regarding equitable distribution and spousal support affirmed
0189181 Garrett Lamar Porter v. Commonwealth of Virginia 07/30/2019
Trial court erred in finding appellant was not seized for Fourth Amendment purposes at the time the bag containing heroin was discovered
1822183 Melissa Lephew v. Roanoke County Department of Social Services 07/30/2019
Trial court did not err in terminating appellant’s parental rights to her children after finding appellant was unable to remedy the conditions that led to the children being placed in foster care and termination was in children’s best interest
0083192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0084192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0085192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0086192 Robert Allen Whitmer v. Spotsylvania County Department of Social Services 07/23/2019
Summary affirmance – trial court did not err in approving the foster care goal of adoption for appellant’s child
0986184 Joanna Denise Benjamin Gibson v. Commonwealth of Virginia 07/23/2019
Trial court did not err in denying appellant’s motions to strike where the evidence was sufficient to prove appellant’s convictions of contributing to the delinquency of a minor, making a false report of child abuse, and giving a false report to law enforcement
1754184 James J. Horzempa v. Barbara C. Horzempa 07/23/2019
No error in trial court’s interpretation of North Carolina law to reform the language of a provision of the parties’separation agreement to reflect the intent of the parties
1873182 Kirke F. Szawronski v. Ana L. Szawronski 07/23/2019
Error in trial court’s decision regarding the denial of appellant’s motion to modify child and spousal support where after finding a material change in circumstances the trial court did not state what it relied upon in deciding not to modify the child or spousal support
0660183 Jehohanan Jedidiah Lamp v. Commonwealth of Virginia 07/16/2019
No error in trial court’s finding that evidence was sufficient to support statutory burglary conviction; trial court erred in finding evidence established that the value of the stolen goods had a value of $200 or more
0692181 Troy James Hypolite v. Commonwealth of Virginia 07/16/2019
Trial court erred in denying appellant’s motion to strike where the evidence failed to prove appellant knowingly and intentionally possessed the cocaine found in the vehicle
0976182 Yaqub Hameed Muwakkil v. Commonwealth of Virginia 07/16/2019
Trial court did not err in denying appellant’s motion to suppress where the officer had reasonable suspicion to stop the vehicle driven by appellant after seeing a child standing up in the back seat of the vehicle
1001184 Devonty Tyrone Hall v. Commonwealth of Virginia 07/16/2019
Trial court did not err in denying appellant’s motion to suppress his statements where appellant was not in custody for Miranda purposes; any error by trial court in limiting appellant’s cross examination of victim harmless
0508181 Robert King Via, Jr. v. Commonwealth of Virginia 07/09/2019
Appellant’s argument that the trial court erred in precluding him from calling two defense witnesses at trial barred by Rule 5A:18
0723183 Douglas Dashawn Wimbush v. Commonwealth of Virginia 07/09/2019
Appellant’s conviction affirmed as evidence was sufficient as a matter of law to prove that he possessed a firearm capable of expelling a projectile by means of an explosion
1946183 Nanochemonics Holdings, LLC & Clarendon National Insurance Company v. John McKinney 07/09/2019
No error in Commission’s finding that claimant’s right knee injury was a compensable consequence of his earlier left knee injury
0801181 Benjamin Forrest Carter v. Commonwealth of Virginia 07/02/2019
Appellant’s argument regarding admissibility of preliminary hearing transcript did not meet the requirements of Rule 5A:12(c)(1)(ii); argument regarding sufficiency of the evidence waived for failure to comply with Rule 5A:20(e)
1347183 Jessica Crystal Buck v. Commonwealth of Virginia 07/02/2019
Trial court did not err in finding that venue had been properly established
1782184 Clare Morton Lehman, n/k/a Clare Morton v. Paul Clinton Lehman, Jr. 07/02/2019
Trial court erred in not awarding appellant the entire amount of attorney’s fees and costs she requested in litigation concerning enforcement of marital settlement and custody agreements
1950184 Michael Paul Jones v. Brenda J. Jones 07/02/2019
No error in trial court’s interpretation of parties’ property settlement agreement to provide that appellee was to receive one-half of the monthly disability-retirement benefits received by appellant
1961183 Norma Jean Barker v. Samuel Kenneth Barker 07/02/2019
Summary affirmance – judgment of trial court regarding final decree of divorce affirmed where the record is insufficient for review of appellant’s assignments of error
0260191 Michelle Hobson, s/k/a Michelle Sonberg-Hobson v. City of VA Beach Department of Human Services 06/25/2019
No error in trial court’s finding that termination of appellant’s parental rights to her child was in the child’s best interest
0815182 Herbert Cottrell Braxton v. Commonwealth of Virginia 06/25/2019
Appellant’s conviction of strangulation affirmed where Court is unable to reach merits of appellant’s arguments without a transcript or statement of facts; no due process or equal protection violation occurred where appellant had time to file either a statement of facts or a motion to extend the time for filing the statement of facts but failed to do so
0873184 Jorge Fernando Cortez v. Commonwealth of Virginia 06/25/2019
Judgment of trial court affirmed where appellant only assigned error to one of the trial court’s two alternative holdings
1158143 Peter Anthony DeLuca v. Tracie Ondich DeLuca 06/25/2019
As the court lacked subject matter jurisdiction to consider this appeal, its May 19, 2015 decision is void ab initio; the opinion is withdrawn, mandate vacated, and appeal dismissed
1625184 Nadia Gihar Bahta v. Mohammed Seid Mohammed 06/25/2019
Trial court erred in determining that Code § 16.1-278.19 precludes an award of attorney’s fees when a party is represented by a non-profit legal organization that does not charge for its services
1655181 Evan Sonberg v. City of Virginia Beach Department of Human Services 06/25/2019
Trial court did not err in terminating appellant’s parental rights to his child after finding that relative placement was not in the best interests of the child
1980181 Michelle Hobson, s/k/a Michelle Sonberg-Hobson v. City of VA Beach Department of Human Services 06/25/2019
Trial court did not err in approving the foster care goal of adoption and finding that relative placement was not in the best interests of the child
0896182 Tateana Acacia Wells v. Commonwealth of Virginia 06/18/2019
Trial court did not err in denying appellant’s motions to strike the eluding charge where the Commonwealth’s evidence established venue or in denying appellant’s motion to strike the second larceny charge after rejecting the applicability of the single larceny doctrine
1137182 Arien Prescott Pollard v. Commonwealth of Virginia 06/18/2019
Trial court did not err in denying appellant’s motion to strike the second larceny charge after rejecting the applicability of the single larceny doctrine
1976172 Christopher Francis Cipolla v. Commonwealth of Virginia 06/18/2019
Trial court did not abuse its discretion in refusing to strike two jurors for cause or in refusing to allow appellant’s expert’s testimony at the guilt phase of the trial
0057191 Kenny L. Patterson v. United Parcel Service and Liberty Insurance Corporation 06/11/2019
Summary affirmance – no error in Commission’s finding that appellant’s shoulder injury sustained during physical therapy was not a compensable consequence of his work-related accident
0899181 Canton Thomas John Johnson v. Commonwealth of Virginia 06/11/2019
Trial court did not err in denying appellant’s motion to suppress or in finding that evidence was sufficient to prove appellant intended to distribute the drugs he possessed
1437183 Frances Lynch v. Bedford County DSS & VA Dept. of Medical Assistance Services 06/11/2019
No error in trial court’s finding that appellant had not perfected her appeal because neither she nor her attorney signed any pleadings submitted to the circuit court
2020182 Raymond Leroy Weller v. Spotsylvania County Department of Social Services 06/11/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
0218194 Shawnade Ricquale Richardson Mason v. Stafford County Department of Social Services 06/04/2019
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights was in child’s best interest and in terminating appellant’s parental rights pursuant to Code § 16.1 283(E)(i) and in approving the foster care goal of relative placement
1317183 Amanda Lee Smith v. City of Roanoke Department of Social Services 06/04/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(B)
1674184 Rebecca Hicks v. Giant Landover, Ahold USA, Inc. and Mac Risk Management, Inc. 06/04/2019
No error in Commission’s award of permanent partial disability benefits to appellant based on a 7% impairment rating to her right lower extremity
1996184 Thomasina Light, a/k/a Eva Light v. Alexandria Department of Community and Human Services 06/04/2019
Trial court did not err in terminating appellant’s parental rights pursuant to Code § 16.1-283(B)
0104192 Commonwealth of Virginia v. Arkevis L. Vinson 05/28/2019
Trial court erred in granting appellee’s motion to dismiss on speedy trial grounds where appellee waived his statutory speedy trial rights under Code § 19.2-243(4) by failing to object when the trial court set the trial date outside the speedy trial limits
1194182 Maile L. Collier v. Commonwealth of Virginia 05/28/2019
Appellant’s argument regarding sufficiency of evidence waived for her failure to comply with Rule 5A:20(e)
1866183 Nasir Sabir v. Roanoke City Department of Social Services 05/28/2019
Trial court did not err in terminating appellant’s parental rights to his child and approving the goal of adoption
1560183 Peter Anthony DeLuca v. Tracie Ondich DeLuca 05/21/2019
Judgment of trial court affirmed except insofar as it pertains to the award of attorney’s fees to appellee where the parties’ property settlement agreement provided each party would pay its own fees
1616184 Meghan Johnson v. Loudoun County Department of Social Services 05/21/2019
Appellant’s argument that trial court improperly excluded testimony from appellant’s therapist barred by Rule 5A:18; no error in trial court’s finding that evidence proved it was in best interests of children to terminate appellant’s parental rights and accept foster care plan with goal of adoption
0028184 Adrienne Mallard v. Next Day Temps Inc. and Accident Fund General Insurance Company 05/14/2019
Commission’s factual findings regarding causation and appellant’s efforts to market her residual work capacity are supported by the evidence
0099181 Tyvon Lyncurtis Smith v. Commonwealth of Virginia 05/14/2019
Judgment of trial court reversed and final judgment entered where evidence was insufficient to prove appellant communicated to the witnesses his plan for them to commit perjury or his plan to commit arson and Commonwealth failed to prove a predicate act of violence to prove a violation of Code § 18.2-46.2
0150184 Selvin Colindres Mancedo v. Commonwealth of Virginia 05/14/2019
No error in trial court’s ruling that the statements at issue were inadmissible where one was inadmissible hearsay not covered by the state-of-mind exception and one was extrinsic evidence of a collateral prior inconsistent statement
1319184 Shaneka L. Best, f/k/a Shaneka L. Montez v. Kevin D. Montez 05/14/2019
No error in trial court’s order modifying custody and visitation and awarding custody of the parties’ child to appellee and awarding visitation to appellant
1556184 Verizon Virginia Inc. and Sedgwick Claims Management Services, Inc. v. Virgil Saliard 05/14/2019
No error in Commission’s finding that appellee experienced a compensable injury arising out of and in the course of his employment and that the request medical treatment and disability were causally related to the work accident
0386181 Bernardo John Raigoza v. Commonwealth of Virginia 05/07/2019
No reversible error in trial court’s holding that the affidavit was adequate to raise the presumption in Code § 9.1-907 that appellant violated Code § 18.2-472.1, and evidence was sufficient to prove appellant failed to reregister as a sex offender
1766184 Angelique Ranghelli v. Robert Ranghelli 05/07/2019
No error in trial court’s award of child support to appellee where it awarded to the correct statutory child support amount based on an accurate calculation of appellant’s income
0424183 Grim Issac Dunithan, Jr. v. Commonwealth of Virginia 04/30/2019
No error in trial court’s finding that evidence was sufficient to find appellant took the victim’s money
1610182 Tricia Hayes v. Nobility Investments, LLC and Florida Hospitality Mutual Insurance 04/30/2019
Commission did not err in denying appellant’s claim for temporary total disability benefits where appellant’s work restrictions do not prevent her from performing her pre-injury work
1878182 Department of Motor Vehicles/Commonwealth of Virginia v. John H. Bandy 04/30/2019
No error in Commission’s finding that appellee’s injury occurred during a reasonably definite time and was a compensable injury by accident
0083184 Raymond Lamar Washington v. Commonwealth of Virginia 04/23/2019
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where appellant failed to establish a good faith basis for withdrawing the pleas or proffer evidence of a reasonable basis for contesting guilt
0382182 Dougals Leon Jones v. Commonwealth of Virginia 04/23/2019
Trial court erred in granting the motion to suppress where the folder lottery tickets in appellant’s vehicle did not give office probable cause to seize the tickets
0623181 Ryan Ray Taybron v. Commonwealth of Virginia 04/23/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the criminal agents involved in the burglary and grand larceny and conspired with others to commit the burglary of the victims’ home
0641181 Domenico O. Greene, Jr. v. Commonwealth of Virginia 04/23/2019
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the criminal agents involved in the burglary and grand larceny and conspired with others to commit the burglary of the victims’ home
1689183 Benny Joe Dixon v. Scarlett Jean Loy Dixon 04/23/2019
Trial court did not err in classifying the parties’ farm and residence as marital property and appellee’s Tennessee property as her separate property
0409181 Timothy Michael Bush v. Commonwealth of Virginia 04/16/2019
No error in trial court’s finding that evidence was sufficient to prove appellant’s conviction of aggravated sexual battery; trial court erred in finding evidence sufficient to prove conviction of sexual battery where the touching was not accomplished by force, threats, intimidation, or ruse
0549181 Xyheir Keyonta Tate v. Commonwealth of Virginia 04/16/2019
Trial court did not err in denying appellant’s motion to strike one of the two counts of maliciously shooting into an occupied building where the unit of prosecution under Code § 18.2 279 is each separate act of shooting
1292181 Lourdes Iglesias v. QVC Suffolk Inc. and Liberty Insurance Corporation 04/16/2019
No error in Commission’s finding that the accident portion of appellant’s claim was time-barred; Commission’s error in finding the occupational disease portion of appellant’s claim was time barred harmless where Commission ultimately made determination on the merits that appellant failed to establish her condition arose out of her employment and that was unchallenged
1393181 Carolyn Blow v. York County Public Schools and Virginia Association of Counties Group 04/16/2019
Commission die not err in denying appellant’s claim for benefits where appellant did not establish a causal relationship between her accidental injury and her alleged neck pain
1569183 Heaven Wilkes Rasheed v. Roanoke City Department of Social Services 04/16/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where the record demonstrates appellant did not complete the required services and did not substantially remedy the conditions that led to the children’s placement in foster care
2006181 Commonwealth of Virginia v. Alexander Raines Peyton 04/16/2019
Trial court erred in failing to apply the good faith exception to the exclusionary rule where the affidavit contained some indicia of probable cause and a reasonable officer could have believed the search warrant was valid
0262182 Alexander Ray Thompson, s/k/a Ray Alexander Hughes v. Commonwealth of Virginia 04/09/2019
Trial court erred in finding sufficient evidence to prove forgery where appellant’s misrepresentations regarding his previous identity did not affect the genuineness or authenticity of the DMV applications and the evidence did not prove appellant used a false or fictitious name
0412184 Michael Scott Cockrell v. Commonwealth of Virginia 04/09/2019
Trial court erred in sentencing appellant to more than thirty days of confinement where no assessment under Code § 16.1-284.1(A) was completed
0990184 Farah Khakee v. David W. Rodenberger 04/09/2019
Trial court erred in dismissing appellant’s motion to modify child support before entering an order compelling her to remedy her unsatisfactory discovery responses and in awarding attorney’s fees to appellee
1108184 Tahmina Begum v. Shaheen M. Shakhawat 04/09/2019
Trial court applied the correct standard in reviewing appellant’s motion to set aside the divorce decree under Code § 8.01-428(D); no error in trial court’s finding that appellant failed to prove appellee committed fraud on the court
1462184 Snelling Staffing/Chesapeake & Ace American Insurance Company v. Vincent Edwards 04/09/2019
No error in Commission’s finding that appellee established that his injury arose out of his employment and that he is entitled to compensation for his work-related injury
1536184 Nely Margarita Bonillas de Cordon v. Fairfax County Department of Family Services 04/09/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the goal of adoption
1709172 Kristopher Lavalliere v. Commonwealth of Virginia 04/09/2019
No error in trial court’s finding that evidence proved evidence of an agreement where another furthered, promoted or cooperated in appellant’s illegal venture to distribute heroin
1828184 Carlos Francisco Cordon Rivas, Sr. v. Fairfax County Department of Family Services 04/09/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children and approving the goal of adoption
0465182 Charles Jonathan Beane v. Commonwealth of Virginia 04/02/2019
Judgment of trial court affirmed where appellant’s argument is waived for his failure to provide supporting legal authority as required by Rule 5A:20(e)
0569182 Michael Hudson, s/k/a Michael Derik Hudson v. Commonwealth of Virginia 04/02/2019
Trial court did not err in allowing the medical examiner’s report and testimony regarding references to an assault involving manual strangulation
1834184 Silvia Munoz, f/k/a Silvia Munoz Quinones v. Alvaro Quinones 04/02/2019
Summary affirmance – order of trial court regarding custody and visitation affirmed
0156182 Richard Alvin Hendrick v. Commonwealth of Virginia 03/26/2019
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to search appellant based on the odor of marijuana emanating from his person, his admittance he smoked marijuana, the alert on the police system that appellant was likely armed, and his furtive movements and nervous behavior
0764181 Octavious Person, a/k/a Octavius Person v. City of Norfolk Department of Human Services 03/26/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellee’s efforts to communicate with appellant and rehabilitate his relationship with the child were reasonable and appropriate
1065182 Jennifer Dawn White v. City of Hopewell Department of Social Services 03/26/2019
Trial court’s findings of abuse and neglect termination of appellant’s parental rights to her children affirmed
1372182 Jennifer Dawn White v. City of Hopewell Department of Social Services 03/26/2019
Trial court’s findings of abuse and neglect termination of appellant’s parental rights to her children affirmed
1545182 Karen Preston v. Franklin Co. Public Schools & School Systems of VA Group Self-Insurance Association 03/26/2019
Commission did not err in denying appellant’s claim for benefits where appellant did not establish a mechanical or structural change to her brain and thus did not carry her burden of proving an injury by accident
1754171 Andre Marquise Harris v. Commonwealth of Virginia 03/26/2019
Trial court did not err in denying in part appellant’s motion to suppress where the police did not use coercive tactics to obtain appellant’s confession
0419183 Dimitric Le'dre Pritchett v. Commonwealth of Virginia 03/19/2019
No error in trial court’s finding that evidence was sufficient to prove the purse snatching was accomplished with sufficient force to support conviction of robbery where it could infer victim resisted the taking of her purse and the appellant overcame the resistance by force directed at her person
0918182 Tarsha Gerald v. Charlottesville Department of Social Services 03/19/2019
Judgment of trial court finding sufficient evidence of abuse and neglect and ordering appellant’s children to remain with their fathers affirmed
0152182 Eduardo Nicanor Mendez v. Commonwealth of Virginia 03/12/2019
Trial court erred in concluding the threats appellant made related to an enumerated felony, necessary for convictions under Code § 18.2-460(C); remanded to trial court for retrial for violations of Code § 18.2-460(B)
0470183 Furqan Abdulaziz Shabazz v. Commonwealth of Virginia 03/12/2019
Trial court did not err in finding evidence was sufficient to convict appellant of committing petit larceny and for burglarizing the victim’s home with larcenous intent
0811183 Loren Hunt v. City of Roanoke Department of Social Services 03/12/2019
Trial court did not err in terminating appellant’s parental rights to her children after finding appellant was unable to remedy substantially the condition that led to and required continuation of foster care for the children
1038183 Daniel Jason Rakes v. Teresa Renee Griggs Rakes 03/12/2019
Decision of trial court granting a fault-based divorce on constructive desertion grounds affirmed where two of appellant’s arguments are barred by Rule 5A:18 and the remaining argument does not address the actual findings of the trial court
0094182 Daphiney Francis v. Commonwealth of Virginia 03/05/2019
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the necessary criminal negligence required for a conviction of driving under the influence maiming
0311181 Lela Weiford v. City of Hampton Department of Social Services 03/05/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children and approving the foster care of adoption
0312181 Harry Lee Walker v. City of Hampton Department of Social Services 03/05/2019
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child and approving the foster care goal of adoption
0469182 Marcus Antwann Atkins v. Commonwealth of Virginia 03/05/2019
No error in trial court’s finding that evidence was sufficient to conclude that appellant with intent to testify falsely gave conflicting testimony under oath as to the same matter or thing
1579183 William Bentley v. City of Roanoke Department of Social Services 03/05/2019
No error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1628172 Joseph Carroll Bush v. Commonwealth of Virginia 03/05/2019
Trial court did not err in admitting appellant’s prior redacted sentencing order into evidence showing appellant’s previous convictions despite appellant’s offer to stipulate to having been previously convicted of a violent felony
1670171 Danny Angelo Massey v. Commonwealth of Virginia 03/05/2019
Trial court erred in revoking appellant’s suspended sentence where appellant’s probation officer did not have the authority to impose the probation condition appellant allegedly violated and that condition contradicted an express term of the probation previously imposed by the trial court
0032182 Maryam Mahmoudieh v. Commonwealth of Virginia 02/26/2019
Appellant’s argument that trial court erred by refusing to answer the jury’s sua sponte question regarding the impact appellant’s conviction would have on appellant’s immigration status barred by Rule 5A:18
1289181 Chantel Ray Finch v. Commonwealth of VA, Dept. of Professional & Occupational Regulation, et al. 02/26/2019
Trial court did not err in affirming appellee’s finding that appellant was in violation of 18 VAC § 135-20-190(E)(4) by failing to obtain written consent of the seller prior to advertising for sale a specific and identifiable real estate property
1531181 City of Virginia Beach v. Nora Hamel 02/26/2019
Commission erred in finding appellee’s injury arose out of a risk of her employment
1734171 Leila Deneen Drayton v. Commonwealth of Virginia 02/26/2019
Trial court did not err in refusing to admit the two documents into evidence pursuant to the public records exception to the hearsay rule where the documents were not properly authenticated
0856182 Sandra Perry and Sterling Delbridge v. Erin Snipes 02/19/2019
Trial court did not err in awarding custody of the child to appellee where the totality of the evidence failed to rebut the presumption of awarding custody of the child to its parent
1382171 Lavonte Teko George v. Commonwealth of Virginia 02/19/2019
Trial court did not err in denying appellant’s motion to strike where the circumstantial evidence and the reasonable inferences that could be drawn from that evidence established appellant as the thief
1632172 Tom John Price v. Commonwealth of Virginia 02/19/2019
No error in trial court’s finding that evidence was sufficient to prove appellant knew or should have known that a person was injured in an accident in which appellant was involved
0518182 Roberto Brito Arrate v. Commonwealth of Virginia 02/12/2019
Trial court erred in convicting appellant of credit card forgery where a fatal variance existed between the indictment and the conduct for which appellant was convicted
0791183 Mark Lowell Gobble v. Kathryn Sue Elmore Gobble 02/12/2019
Trial court did not err in denying appellant’s motion to terminate the spousal support award where appellant failed to prove cohabitation by a preponderance of the evidence; trial court did not err in declining to award appellee attorney’s fees
1144183 Kiara Randolph v. Roanoke County Department of Social Services 02/12/2019
Trial court did not err in terminating appellant’s parental rights to her children and approving the foster care goal of adoption where appellant was unable to remedy substantially the conditions that led to the children being placed and remaining in foster care
1679172 Johnathan Reeves Robinson v. Commonwealth of Virginia 02/12/2019
Petition for rehearing en banc granted
0763181 Janay Chanel Cooke v. City of Newport News Department of Human Services 02/05/2019
Summary affirmance – trial court did not err in entering the permanency planning orders approving the goal of relative placement for appellant’s children
1134184 Jung Sun Park v. Daniel Minkyo Chong 02/05/2019
No error in trial court’s order granting appellee joint legal and sole custody of the parties’ children
1265184 Aquila Fitness Consulting Systems, Ltd. & Technology Insurance Company v. Jody A. Boudreaux 02/05/2019
No error in Commission’s finding that appellee’s left shoulder injury was caused by her right shoulder injury and was a compensable consequence of the primary injury
0279183 Trent Rashad Jones v. Commonwealth of Virginia 01/29/2019
Trial court did not err in declining to remove appellant’s attorney after concluding no disqualifying conflict existed or in requiring appellant to proceed; appellant’s argument regarding whether trial court erred in denying his request for a continuance to retain another attorney waived by appellant’s nolo contendere pleas
0281183 Trent Rashad Jones v. Commonwealth of Virginia 01/29/2019
Trial court did not err in declining to remove appellant’s attorney after concluding no disqualifying conflict existed or in requiring appellant to proceed; appellant’s argument regarding whether trial court erred in denying his request for a continuance to retain another attorney waived by appellant’s nolo contendere pleas
1037184 Richard Sparks and Jean Bishop v. Commonwealth of Virginia, et al. 01/29/2019
No error in trial court’s determination that res judicata did not apply where the document presented by appellants does not memorialize a final judgment and does not show the original petitions were disposed of by a final, valid judgment; appellants did not present supporting legal authority regarding their claim they are entitled to an offset from their child support obligation
0751182 Megan Burgess v. Paul Burgess 01/22/2019
No error in trial court’s order regarding equitable distribution and attorney’s fees
1255182 Audrey M. Baytop, f/k/a Audrey Taylor v. Wesley Taylor 01/22/2019
Summary affirmance – trial court did not err in denying and dismissing appellant’s motion for entry of a QDRO where appellant waived her rights to appellee’s retirement accounts
1340182 Commonwealth of Virginia v. Brandon Briggs 01/22/2019
Trial court did not err in granting appellee’s motion to suppress his statement made to the private prison investigator where the investigator was acting as an agent of the Commonwealth when he interrogated appellee and appellee was in custody for purposes of Miranda warnings
0427184 James Hubert Porter v. Commonwealth of Virginia 01/15/2019
Trial court did not err in admitting the out-of-court verbal statement into evidence where it was non-testimonial hearsay; any error in admitting the written statement into evidence harmless
0765183 Laurel Ansell v. Harrisonburg/Rockingham Social Services District 01/15/2019
Any error by trial court in admitting hearsay evidence harmless; no error in trial court’s findings that evidence was sufficient to prove appellant had not remedied substantially conditions causing children to be place in foster care and that termination of appellant’s parental rights was in children’s best interests
0939183 Tracy Irby v. Lifepoint Health and Safety National Casualty Corporation 01/15/2019
Appeal dismissed without prejudice where order appealed from is neither a final order nor an order adjudicating the principles of the cause
1679172 Johnathan Reeves Robinson v. Commonwealth of Virginia 01/15/2019
Trial court erred in finding evidence was sufficient to establish the force necessary to convict appellant of sexual battery
0288182 Jamica L. Giles v. Prince George County Public Schools & VML Insurance Programs 01/08/2019
No error in Commission’s finding that appellant’s claim for additional benefits was barred by the provision of the parties’ approved settlement agreement
0611184 Ashley Ross v. Fairfax County Department of Family Services 01/08/2019
Summary affirmance – no error in trial court’s finding that clear and convincing evidence supported termination of appellant’s parental rights to her child under Code § 16.1-283(C)(2)
0628184 Michael Allen Johnson v. Fairfax County Department of Family Services 01/08/2019
Summary affirmance – no error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to his child under Code § 16.1-283(C)(1) and that termination was in child’s best interests
1101171 Daniel L. Rigdon v. Commonwealth of Virginia 01/08/2019
No error in appellant’s convictions of two counts of contributing to the delinquency of a minor and one count of taking indecent liberties with a minor while in a custodial relationship; matter remanded to trial court for entry of a sentencing order consistent with the Supreme Court’s decision in Thomas v. Commonwealth, ___ Va. ___ (Oct. 18, 2018)
2013174 Renzo Martin Garcia Davila v. Commonwealth of Virginia 01/08/2019
Trial court did not err in denying appellant’s motions to strike and set aside the verdict where there was sufficient corroboration of appellant’s confession and the corpus delicti requirement was met; any error by trial court in admitting evidence of child victim’s recent complaint of sexual abuse harmless
0734182 Hampton H. Jackson, Jr. v. Crystal N. Jackson 12/26/2018
Trial court did not err in classifying property appellant purchased prior to the marriage as wholly marital where appellant’s lack of evidence prevented the trial court from determining that the property was entirely separate property without a marital share
0888181 JES Construction, LLC v. Board for Contractors, Dept. of Professional & Occupational Regulation 12/26/2018
Trial court did not err in affirming appellee and dismissing appellant’s petition where appellant was not deprived of any due process, had sufficient notice that its license could be revoked, and there was substantial evidence to support appellee’s findings; no error in trial court’s finding that appellant waived its argument regarding appellee’s failure to follow Code § 2.2-4019(A)(iii)
1004181 Katharine C. Pollard Lawson v. Joseph Lawrence Lawson 12/26/2018
Trial court’s order terminating spousal support affirmed where appellant never raised the issues in the trial court that she argued on appeal and Court finds they are waived pursuant to Rule 5A:18
1761172 Karon Markee Porter v. Commonwealth of Virginia 12/26/2018
Trial court did not err in excluding appellant’s proffered evidence where that evidence was incapable of showing the victim’s death resulted solely from medical malpractice and was collateral, irrelevant, and properly excluded from the jury’s consideration
1797174 Jimmy R. Weatherholt, Jr. v. Commonwealth of Virginia 12/26/2018
Trial court did not err in denying appellant’s motion to set aside the verdict based on the conduct of counsel where the trial court determined that appellant knowingly chose to proceed with his retained counsel in spite of her suspensions; trial court did not err in refusing to recuse itself where appellant failed to demonstrate any actual bias or prejudice
0484184 Christian Agostino Alfred Bogislav von Hassell v. Elizabeth von Hassell 12/18/2018
Trial court did not exceed its statutory authority under Code § 20-107-3 or by finding that appellant had divested himself of certain property where appellee did not prove a gift of that property
0495182 Evelyn C. Osterloh v. Virginia Department of Social Services 12/18/2018
Decision of trial court affirmed where the appellee’s termination decision is consistent with law and policy as required by Code § 2.2-3005.1(C)(iii)
0709182 Elizabeth Curtin v. Spotsylvania County Department of Social Services 12/18/2018
Summary affirmance – trial court did not err in finding that appellant’s children have been abused or neglected or in approving the foster care plans’ goal of relative placement/adoption
1286184 Arnulfo G. Garza v. Janet A. Garza 12/18/2018
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings
1543172 Maurell E. Brown v. Commonwealth of Virginia 12/18/2018
Trial court did not err in finding that appellant was not acting as an agent for the victim when he obtained the money from the victim and the victim conveyed both title and possession of the money to appellant and that appellant intended to defraud the victim
2104172 Mickey L. Rhoades v. Virginia Retirement System 12/18/2018
Trial court did not err in affirming appellee’s decision denying appellant disability retirement benefits where the evidence supported its finding that appellant was not incapacitated for the further performance of her duties as a zoning administrator/planner
0194184 Pablo Nicolas Vallejos-Ayala v. Commonwealth of Virginia 12/11/2018
Appellant’s argument that the trial court erred in imposing a no-contact with the victim provision in the final order barred by Rule 5A:18
0662181 Michael B. Eberhardt v. Kimberly A. Eberhardt 12/11/2018
Trial court did not err in dividing the escrow refund check equally between the parties or in refusing to award appellant a credit for a payment made for appellee’s attorney’s fees prior to entry of the parties’ agreement; trial court erred in dividing the Fidelity Roth IRA between the parties
0872183 James McGriff v. City of Roanoke Department of Social Services 12/11/2018
Trial court did not err in terminating appellant’s parental rights to his child where appellant had not substantially remedied the conditions that required continuation of the child’s placement in foster care
0883181 Robert Earl Smith v. City of Norfolk Department of Human Services 12/11/2018
Summarily affirmed – appellant’s failure to challenge the termination of his parental rights to his children pursuant to Code § 16.1-283(C)(1) and (E)(iii) renders moot his challenge to the termination pursuant to Code 16.1-283(C)(2)
0929182 County of Henrico & VA Association of Counties Group Self-Insurance Risk Pool v. Joan Cobb 12/11/2018
Commission did not err in finding appellee was entitled to the presumption in Code § 65.2 402(B), that Code § 65.2-402(D) did not bar application of the presumption, and that appellants failed to rebut the presumption; award of benefits affirmed
1023173 Michelle Dawn Yoder v. Commonwealth of Virginia 12/11/2018
No error in trial court’s findings that evidence was sufficient to prove appellant received notice her license was suspended on the date of the offense and that the offense was a third or subsequent violation of Code § 18.2-272 within the requisite period of time
1083183 Patrick O. Gannon v. City of Roanoke Department of Social Services 12/11/2018
Trial court did not err in terminating appellant’s parental rights to his son under Code § 16.1 283(C)(2)
0058182 Alonzo Troy Roane v. Halifax County Department of Social Services 12/04/2018
Termination of appellant’s parental rights to his child affirmed where evidence was sufficient to support termination
0132184 Curtis O'Ferrell Smalls, II v. Curtis O'Ferrell Smalls, Sr. and Sarah Lee Smalls 12/04/2018
Trial court did not abuse its discretion in refusing to recuse itself or in applying Code § 63.2 1205
0275182 Meredith Horton v. Petersburg Department of Social Services 12/04/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to her son and approve the permanent goal of adoption
0278182 Clayton Lancaster v. Petersburg Department of Social Services 12/04/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to his son and approve the permanent goal of adoption
0308184 Pankaj Merchia, M.D. v. Virginia Board of Medicine 12/04/2018
Trial court did not err in finding no error of law committed by appellee in its decision reprimanding and disciplining appellant for his conduct related to patient records
0466182 Michael J. Williams, Jr. v. Carmen B. Williams 12/04/2018
Trial court did not err in denying appellant’s continuance request, in granting appellee’s motion to strike the evidence as to appellant’s claim that the marriage was void ab initio, and in denying appellant’s motion to declare the marriage void ab initio
0531184 Curtis O'Ferrell Smalls, II v. Curtis O'Ferrell Smalls, Sr. and Sarah Lee Smalls 12/04/2018
Trial court did not err in denying appellant’s March 2, 2018 motion to stay the January 11, 2018 final order of adoption
1538172 George Trevon Watson-Scott, a/k/a George T. Watson v. Commonwealth of Virginia 12/04/2018
No error in trial court’s finding that the evidence was sufficient to support a finding of malice; trial court did not err in its application of the transferred intent doctrine
1855171 Jermica Shondal Taylor v. Commonwealth of Virginia 12/04/2018
Trial court did not err in denying appellant’s motions to strike where by presenting the victim’s check to be cashed with her name, account number, and forged signature appellant used this identifying information within the meaning of Code § 18.2-186.3
1934171 Andarion Lorenzo McInnis v. Commonwealth of Virginia 12/04/2018
Trial court did not err in admitting Facebook posts at sentencing phase of jury trial where it concluded the evidence was relevant and not unduly prejudicial; argument whether trial court erred in admitting the posts in violation of Code § 19.2-295.1 barred by Rule 5A:18
0597184 Hayat Benfaraj v. Stafford Department of Social Services 11/27/2018
Trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(E)(iv)
1115172 James Pettis, s/k/a James R. Pettis v. Commonwealth of Virginia 11/27/2018
Trial court did not err in refusing appellant’s proffered instruction where the instruction, while an accurate statement of the law, was merely duplicative and appellant was able to present his theory of the case
1152174 Brian Terrell Bolar v. Commonwealth of Virginia 11/27/2018
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence was sufficient to support conviction of use of a firearm in the commission of a felony and inconsistent verdicts do not provide a basis for reversing
0975184 Commonwealth of Virginia v. Shomari Salim Mowasi Carroll 11/20/2018
Trial court did not err in granting appellee’s motion to suppress evidence obtained after his arrest where the arrest occurred within the constitutionally protected curtilage of appellee’s residence in the absence of exigent circumstances
1017182 Commonwealth of Virginia v. Jermaine Antoine Coleman 11/20/2018
Trial court erred in granting appellee’s motion to suppress the fingerprint analysis where any taint arising from the potentially questionable police conduct was sufficiently attenuated and is not “fruit of the poisonous tree”
1488171 Teddy Leon Parker v. Commonwealth of Virginia 11/20/2018
No error in trial court’s finding that appellant was aware of the presence and character of the drugs in the bag found in plain view; trial court did not err in rejecting appellant’s hypothesis of innocence
1986174 Dion Micah Blackwell v. Commonwealth of Virginia 11/20/2018
Trial court did not err in sentencing appellant or in declining to impose probation or other alternative punishment; appellant’s argument regarding his Stet Docket offenses not preserved for appeal
0103184 Raj Marni v. Ksenija Marni 11/13/2018
Trial court did not err in granting appellee’s motion to strike where appellant failed to establish that the agreement was unconscionable
0530184 Ciara M. Vargas v. Arlington County Department of Human Services 11/13/2018
Trial court did not err in dismissing appellant’s appeals where evidence supported the finding that appellant had actual notice of the hearing and was not present at trial
1745171 Franchun Deon Hunt v. Commonwealth of Virginia 11/13/2018
Trial court did not err in denying appellant’s motion to withdraw his guilty plea where appellant failed to establish a good-faith basis for seeking to withdraw his plea
1836171 Nathaniel Charles McCoy, Jr. v. Commonwealth of Virginia 11/13/2018
Trial court did not abuse its discretion in limiting appellant’s cross-examination of a co defendant where it was improper for the jury to hear information regarding punishment at the guilt phase of the trial
0265184 Virginia Alcoholic Beverage Control Authority v. Board of Supervisors of Fairfax County 11/06/2018
No error in trial court’s finding that appellant exceeded its authority in granting a farm winery license
0455183 Angela M. Gregory v. Pamela S. Martin 11/06/2018
Trial court applied the wrong standard when finding that appellant withheld her consent to adoption contrary to child’s best interests and erred in its consideration of appellant’s motion to amend visitation
0729181 Scot D. Cook v. Jessica H. Stewart 11/06/2018
No error in trial court’s finding that a material change of circumstances had occurred justifying a review of the prior custody order
1289171 Edward Michael Zinner v. Commonwealth of Virginia 11/06/2018
Any error by trial court in admitting expert’s testimony harmless; evidence was sufficient to prove appellant had drunk enough alcohol to affect his manner, disposition, speech, muscular movement, and behavior and to convict appellant of driving under the influence, first offense
1542171 Lamont Decarlo Booker v. Commonwealth of Virginia 11/06/2018
No error in trial court’s finding that officer had probable cause to stop and search appellant
2073171 A.A.B., a Minor v. Commonwealth of Virginia 11/06/2018
No error in convictions appealed from where trial court, in its final orders, granted appellant the relief he requested
0009183 Shirong Wu Wigley v. Richard Alan Wigley 10/30/2018
No error in trial court’s decision regarding spousal support, equitable distribution, and attorney’s fees
0141183 Adam Christopher Armstrong v. Kristy Marie Roadcap 10/30/2018
No error in trial court’s decision not to include the parties’ child in the protective order
0539184 Tereasa DeVaughn v. Fairfax County Public Schools 10/30/2018
No error in Commission’s finding that appellant failed to cure her unjustified refusal based on the evidence at the December 7, 2016 hearing
0657183 Georgia Hurst v. City of Roanoke Department of Social Services 10/30/2018
Trial court did not abuse its discretion in finding termination of appellant’s parental rights was in child’s best interest and in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B)
0727183 Crystal Santos v. Bedford County Department of Social Services 10/30/2018
Trial court did not abuse its discretion in denying appellant’s motion for a continuance where the evidence supported the trial court’s factual findings that appellant had actual notice of the hearing and did not appear
1190173 Randy D. Ross v. Commonwealth of Virginia 10/30/2018
Trial court did not abuse its discretion in the sentences imposed in the resentencing hearing where the trial court considered all the evidence
1373173 Allan Wayne Wright, Jr. v. Commonwealth of Virginia 10/30/2018
Trial court erred in finding evidence was sufficient to find appellant guilty of larceny
1656174 Joseph Francis Rosana v. Commonwealth of Virginia 10/30/2018
Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove appellant had the intent to “sexually molest, arouse, or gratify” when he touched two of the victims; sufficient evidence supported jury’s finding that appellant sexually abused two complaining witnesses and without their consent within a two-year period
1744171 Cheresa D. Young v. Commonwealth of Virginia 10/30/2018
Trial court did not abuse its discretion in allowing witness to testify despite her brief conversation with another witness; evidence was sufficient to prove appellant made false statements on her time sheets causing her employer to make fraudulent claims to Medicaid for payment
1764162 Dustin Scott Jones v. Commonwealth of Virginia 10/30/2018
Petition for rehearing en banc granted
0145184 Marissa J. Levine, M.D., MPH, etc. v. Arlington Medical Imaging, LLC and William Prominski, M.D. 10/23/2018
Trial court erred in reversing appellant and determining that appellees had sufficiently demonstrated a public need for a CT scanner
0661184 Rodell Callahan v. Rappahannock Goodwill & Pennsylvania Manufacturers Association Insurance Co. 10/23/2018
Commission did not err in denying appellant’s claim for benefits where appellees met their burden of proving appellant willfully violated a known safety rule
0732184 Hazem Garada, M.D. v. Virginia Board of Medicine 10/23/2018
No error in trial court’s finding that substantial evidence supported appellee’s decision to deny appellant’s petition for reinstatement of his medical license
0765172 Terence Lamont Collins, Jr. v. Commonwealth of Virginia 10/23/2018
Trial court did not err in denying appellant’s motion to suppress the evidence obtained from appellant’s cell phone where that evidence was admissible under the Leon good-faith exception; evidence was sufficient to support appellant’s convictions
0870173 Burdis Gene Barker, Jr. v. Commonwealth of Virginia 10/23/2018
No reversible error in trial court’s decision to admit prior conviction orders in place of appellant’s stipulation to his status as a violent felon
1250163 Timothy M. Barrett v. Valerie Jill Rhudy Minor 10/23/2018
Trial court did not err in setting the amount of attorney’s fees awarded to appellee as directed in this Court’s prior mandate
1803172 Paul Wayne Bagley v. Commonwealth of Virginia 10/23/2018
Appellant’s argument regarding “force, threat, or intimidation” waived where appellant failed to present it in his renewed motion to strike; victim’s testimony was competent, credible and sufficient for jury to find appellant guilty
0090183 Ambrosia de Jesus Martinez, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2) and approving goal of adoption
0097183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
0207173 James Clifford Tilley v. Commonwealth of Virginia 10/16/2018
Argument raised by appellant on appeal barred by Rule 5A:18 where appellant failed to preserve his challenge to the sufficiency of the evidence to support his conviction
0406182 County of Henrico & VA Association of Counties Group Self-Insurance Risk Pool v. Brooke Collawn 10/16/2018
Commission did not abuse its discretion in admitting and relying upon an expert’s opinion or in finding that appellee’s fall arose out of her employment
0578183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in approving the goal of adoption for appellant’s child
0579183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in approving the goal of adoption for appellant’s child
0580183 Pascual Martinez Flores, s/k/a, etc. v. Harrisonburg Rockingham Social Services District 10/16/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
1064174 Sergio Ramon Zuniga Robles, a/k/a Sergio Robles v. Commonwealth of Virginia 10/16/2018
Any error by trial court in denying appellant’s proposed jury instruction harmless considering the overwhelming evidence of appellant’s guilt
1093172 Carla Wyche Lewis v. Commonwealth of Virginia 10/16/2018
Trial court did not abuse its discretion in making the restitution award where there was ample evidence to support a restitution amount of at least the amount ordered by the trial court
2026172 Joseph Maurice McFadden v. Commonwealth of Virginia 10/16/2018
Evidence was sufficient to prove appellant possessed the drugs found in his pocket; appellant’s argument that evidence was insufficient to prove he knowingly possessed the drugs waived under Rule 5A:18
0286181 Rodger Leroy Willett, Jr. v. Stacie Renee Lee, f/k/a Stacie Renee Willett 10/09/2018
Trial court did not err in denying appellant’s motion for a new order or leave to appeal
0309182 Canada Dry Potomac Corporation & Indemnity Insurance Company of North America v. William Anderson 10/09/2018
No error in Commission’s finding that appellants were responsible for paying for prescription medications and care provided by Dr. Bonner to appellee for specified time periods as they were reasonable, necessary, and causally related to his work injury
0510183 Shatarra Lea Dawson v. City of Roanoke Department of Social Services 10/09/2018
Trial court did not err in terminating appellant’s parental rights to three of her children pursuant to Code § 16.1-283(C)(2)
0636184 Claude J. Mailloux v. America Transportation and Uninsured Employer's Fund 10/09/2018
Commission did not err in denying appellant’s claim for benefits where credible evidence supports a finding that appellant’s willful violation of his employer’s rule and the statutory requirement to wear a seatbelt proximately caused his injuries
0696184 America Transportation v. Claude Mailloux 10/09/2018
Commission did not abuse its discretion in imposing a $25,000 fine on appellant for failure to maintain workers’ compensation insurance
1084172 William Morris Harris v. Commonwealth of Virginia 10/09/2018
Evidence was sufficient for jury to conclude appellant had constructive possession of the shotgun; trial court did not err in denying appellant’s motion to strike and evidence was sufficient for jury to convict appellant of use of a firearm in commission of robbery where it acquitted him of the underlying robbery charge
1325171 Todd Patrick Weathersby v. Commonwealth of Virginia 10/09/2018
Trial court erred in denying appellant’s motion to suppress where officer had a reasonable basis for frisking appellant but lacked probable cause to remove the glass tube from appellant’s pocket
1408172 Mandingo Lamont Haywood v. Commonwealth of Virginia 10/09/2018
Appellant’s arguments regarding probable cause to arrest barred by Rule 5A:18; trial court did not err in finding the drug dog sufficiently reliable or in finding the dog’s alerts did not constitute searches for Fourth Amendment purposes
2061172 Mark L. Parham v. Tammy Jo Parham 10/09/2018
Trial court did not err in determining appellant was voluntarily underemployed and imputing income to him on that basis
0068184 Robert L. Ayers v. Linda T. Ayers 10/02/2018
No error in trial court’s interpretation of the “asset’s value” as referring to proceeds from the sale of the marital home after all costs have been deducted which is consistent with the language in the agreements of the parties
0120182 Ted Williams v. Lowe's Home Centers, Inc./Lowe's Home Centers, LLC 10/02/2018
No error in Commission’s finding that appellant failed to meet his burden to prove the need for surgery and ongoing medical treatment was causally related to his 2013 work injury
0325184 Stuart Chung v. Stephanie Chung, n/k/a Stephanie Fitzgerald 10/02/2018
Trial court erred in awarding appellee spousal support where it was without authority to do so with no valid pleading requesting it once the trial court struck appellee’s complaint
0632172 Alan L. Lewis, s/k/a Alan Leon Lewis v. Commonwealth of Virginia 10/02/2018
No error in trial court’s finding that appellant’s statutory and constitutional speedy trial rights were not violated where appellant did not timely object to the continuance and agreed to the new trial date before objecting to the continuance
0937171 Joshua Rodrigus Wood v. Commonwealth of Virginia 10/02/2018
Trial court did not abuse its discretion in admitting text messages received on appellant’s phone the morning of the homicide; trial court did not err in refusing to set aside the jury’s verdict
1173172 Alan L. Lewis, s/k/a Alan Leon Lewis v. Commonwealth of Virginia 10/02/2018
Trial court did not abuse its discretion in revoking appellant’s suspended sentence and imposing all the remaining time
1322171 Kevin Antoine Thomas v. Commonwealth of Virginia 10/02/2018
Trial court did not err in denying appellant’s motion to strike where evidence proved appellant had constructive possession of firearm; any error by trial court in sustaining Commonwealth’s objection and limiting appellant’s cross-examination harmless
1489171 David W. Willis v. Lori C. Willis 10/02/2018
Judgment of trial court affirmed where appellant failed to file transcripts or a statement of facts necessary to permit resolution of issues raised on appeal
1764162 Dustin Scott Jones v. Commonwealth of Virginia 10/02/2018
Trial court erred in finding evidence was sufficient where it did not prove the requisite overt act to prove attempted robbery; as evidence was insufficient to prove attempted robbery, the use of a firearm conviction fails
0506183 Jacques Adam Beim v. Roanoke County Department of Social Services 09/25/2018
Trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
0517181 David Daggett v. Old Dominion University/Commonwealth of Virginia 09/25/2018
No error in Commission’s finding that appellant failed to prove his injuries resulted from an identifiable incident or sudden precipitating event and thus failed to prove he suffered a compensable injury by accident
0521183 Robyn Sanette Musolff v. Roanoke County Department of Social Services 09/25/2018
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0592181 Kamco Building Supply Corporation and PA Lumbermen's Mutual Insurance Company v. Eric Heard 09/25/2018
No error in Commission’s finding that appellee was entitled to permanent total disability benefits
0977172 Jerelyn Aymarie Sutter v. Commonwealth of Virginia 09/25/2018
Trial court did not err in instructing the jury; evidence was sufficient to convict appellant of animal cruelty and the malicious killing of the pig of another
1315171 Chaise Colwell Darley v. Commonwealth of Virginia 09/25/2018
Trial court erred in failing to strike the evidence of petit larceny where the evidence was insufficient to convict because the fingerprint evidence was not coupled with other circumstances tending to exclude the possibility that the fingerprint was impressed at a time other than that of the crime
1579171 Calvin Eugene Clark, Jr. v. Commonwealth of Virginia 09/25/2018
No error in trial court’s finding evidence was sufficient to prove appellant’s identity as the person who committed the offenses and to prove appellant conspired with another to commit grand larceny
1525172 Valerie Michelle Green v. Halifax County Department of Social Services 09/18/2018
Summary affirmance – appellant’s failure to challenge termination of her parental rights to her child under Code § 16.1-283(E)(i) renders moot her claims regarding termination of her parental rights under Code § 16.1-283(B) and (C)(2)
1540172 Brian Lowery v. Halifax County Department of Social Services 09/18/2018
Summary affirmance – trial court did not err in finding it was in child’s best interest to terminate appellant’s parental rights pursuant to Code § 16.1-283(C)(1)
0551181 Commonwealth of Virginia v. Crystal Alease Johnson 09/17/2018
Trial court did not err in suppressing appellee’s statements made before the magistrate and in finding the stop of appellee’s vehicle was lawful
0594183 Commonwealth of Virginia v. David Glenn Law 09/04/2018
Trial court erred in granting motion to suppress where appellee’s original detention was concluded and subsequent discussion was a new, consensual encounter and appellee gave consent to search during that encounter
1619172 Kimberly N. Willoughby v. Albemarle County Department of Social Services 08/28/2018
Trial court did not err in terminating appellant’s parental rights to her four children
1635172 Mark Dwayne Bishop v. Albemarle County Department of Social Services 08/28/2018
Trial court did not err in terminating appellant’s parental rights to his child
1942172 Robert London v. Virginia Department of Social Services 08/28/2018
Trial court did not err in finding evidence was sufficient to support the hearing officer’s decision or in denying appellant’s motion to enter new evidence
0555181 Commonwealth of Virginia v. Lorenzo Eugene Gholson 08/21/2018
Trial court did not err in suppressing appellee’s statements and evidence seized where record is devoid of sufficient evidence to establish probable cause that appellee ever possessed the drugs found in the home of his mother and brother
1532174 Ben Pourbabai v. Christine Pourbabai 08/21/2018
Decisions of trial court regarding equitable distribution, child custody, and visitation affirmed
1560174 Michael Civis v. Fauquier County Department of Social Services 08/21/2018
Trial court did not err in finding that appellant’s child was at risk of abuse or neglect or in approving the goal of adoption
1648171 City of Virginia Beach v. The Virginia Marine Resources Commission and Philip G. Hightower 08/21/2018
Trial court did not err in affirming Virginia Marine Resource Commission’s issuance of a riparian oyster-planting lease to appellee Hightower
1726174 Saria Civis v. Fauquier County Department of Social Services 08/21/2018
Trial court’s decisions finding that appellant’s child was at risk of abuse or neglect and approving the goal of adoption affirmed
2081171 Tamena Genell Wilson v. Fitzgerald Britton 08/21/2018
Trial court did not err in terminating appellee’s child support obligation to appellant; trial court erred in finding that obligation should cease as of May 25, 2010 and matter remanded to trial court for entry of an order terminating that obligation as of November 1, 2011
0179182 Sonya Brown King v. King George Department of Social Services 08/14/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1145172 Jennifer Suzanne Scheer v. David Clark Scheer 08/14/2018
Trial court did not err in reopening the record to permit additional evidence; trial court erred in not determining the amounts owed on student loan debt as of the date of separation
1323171 Tyeisha Antoinette Thrasher v. Newport News Department of Human Services 08/14/2018
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests, appellant had been unwilling or unable to remedy the conditions leading to foster care placement, and appellee made reasonable and appropriate efforts to help appellant remedy those conditions
1384174 Courtney R. Herbert v. Guy R. Joubert 08/14/2018
Trial court did not err in calculating the marital share of the increase in value of appellee’s interest in his company
0634183 Jamie Paul Desper v. Shenandoah Valley Department of Social Services 08/07/2018
Trial court did not err in finding that DSS had complied with statutory duty to investigate placing the minor child in the care of a relative; duty was satisfied when grandmother testified at ore tenus hearing
0650171 Fred M. Coleman v. Commonwealth of Virginia 08/07/2018
Trial court did not err in finding appellant guilty of a felony because his conviction of attempted petit larceny as a third or subsequent offense qualifies as an offense “punished as larceny” subject to penalty enhancement under Code § 18.2-104
1326173 Tracy W. Willard, a/k/a Willie Tracy Willard, s/k/a Tracy Willy Willard v. Commonwealth of Virginia 08/07/2018
Trial court did not abuse its discretion by imposing a certain probation condition for an indefinite term
1707171 Cynthia M. Owens & Richard L. Owens v. City of VA Beach & State Building Code Technical Review Board 08/07/2018
Judgment affirmed as the circuit court correctly concluded that the matter was moot
1882174 Community Alternatives VA v. Cynthia B. Jones, Director, VA Dept. of Medical Assistance Services 08/07/2018
Trial court did not err in upholding appellee’s decision finding it was entitled to retract Medicaid payments based on appellant’s failure to maintain adequate documentation
1568172 Tammy T. Ware v. Sudarsan Srinivasan 07/31/2018
Trial court did not abuse its discretion in calculating the distribution of the proceeds from the sale of the marital residence
1779173 Timothy Wayne Amos v. Mary Lou Dooley Amos 07/31/2018
Trial court did not err in finding that appellant’s argument regarding the period used to calculate the portion of his pension due to appellee was a clerical error in the final decree of divorce
1817171 Scott Anthony Oberlander v. Pamela Kaye Oberlander 07/31/2018
Trial court did not abuse its discretion in its application of Code § 20-107.3 or in denying appellant’s motion to continue
2049173 Jesse Burnette v. Roanoke City Department of Social Services 07/31/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)(2)
0028173 David Miller Frizzell v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to suppress, in precluding appellant’s expert witness from testifying about appellant’s specific mental state where the proffered testimony was based upon hearsay statements, and in rejecting appellant’s proposed jury instructions
0211182 Jacob Branch v. Richmond City Department of Social Services 07/24/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
0334183 Corey Leigh Jones, Sr. v. City of Lynchburg Department of Social Services 07/24/2018
No error in trial court’s finding that termination of appellant’s parental rights was in child’s best interests
0496171 James Edward Bellamy, Jr. v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to suppress where officer had sufficient reasonable suspicion of criminal activity to detain appellant long enough to allow drug dog to confirm or allay that suspicion
0980171 Danielle Clark, a/k/a Danielle Stiff, a/k/a Danielle Slater v. Commonwealth of Virginia 07/24/2018
Trial court did not err in denying appellant’s motion to set aside the verdict where the evidence was sufficient for the jury to conclude appellant threw a rock through the victim’s window breaking it and causing injury to the victim
1081174 Chelie L. Casswell v. Commonwealth of Virginia 07/24/2018
No error in appellant’s conviction of child cruelty where the evidence was sufficient to demonstrate appellant’s conduct went beyond mere inattention and inadvertence
1302174 Tony Lynell Bost v. Commonwealth of Virginia 07/24/2018
Trial court did not err in imposing a five-year term of unsupervised probation after the trial court revoked appellant’s two previously suspended sentences
0055181 Lawrence Campbell v. Newport News Shipbuilding & Dry Dock Co. & Huntington Ingalls Industries, Inc. 07/17/2018
No error in Commission’s finding that appellant’s 1972 left wrist injury claims are barred by the applicable statute of limitations
0231173 John Wayne Smith v. Commonwealth of Virginia 07/17/2018
Trial court did not err in refusing to quash ten counts of the thirty-count indictment against appellant due to prosecutorial vindictiveness
0238172 Charles Nicholas Nordan, s/k/a Charles Nick Nordan v. Commonwealth of Virginia 07/17/2018
Trial court did not err in finding no fatal variance existed between the indictments and the evidence presented at trial, in finding appellant used corporate funds on expenses unrelated to the operation of those businesses, and in finding appellant acted with fraudulent intent as he had no reason to believe he had a legitimate claim to right to use the funds as he did
0401181 Steven Whiting v. Gloucester County Department of Social Services 07/17/2018
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his child was in child’s best interest
0615172 Ryan Oneal Davis v. Commonwealth of Virginia 07/17/2018
No reversible error in trial court’s admission of the unredacted autopsy report; trial court did not err in denying appellant’s motion to strike the evidence
1807161 Kareem Hasson Turner v. Commonwealth of Virginia 07/17/2018
No error in jury’s finding that evidence was sufficient to prove beyond a reasonable doubt that appellant was guilty of first-degree murder and use of a firearm in the commission of that murder
0031184 Mirna Rivera v. Kohl's Department Stores, Inc. and New Hampshire Insurance Company 07/10/2018
No err in the Commission’s finding that appellant failed to meet her burden to prove that she suffered within the time limitations of Code § 65.2-708 a left leg disability which was the consequences of the workplace injury
0212182 Commonwealth of Virginia v. Kenneth Darrell Jenkins 07/10/2018
Trial court erred in finding that police lacked a reasonable articulable suspicion of criminal activity to support the stop of appellee; suppression order reversed
0396174 Gerald Franklin Dodson v. Commonwealth of Virginia 07/10/2018
Appellant’s argument that the trial court erred in failing to properly instruct the jury regarding appellant’s right to not testify at his preliminary hearing barred by Rule 5A:18
0399183 Paula Daywalt v. Harrisonburg Rockingham Social Services District 07/10/2018
Summary affirmance – trial court did not err in finding that the appellee investigated possible relative placements, but none were suitable, and in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)
0486171 Sarah Elizabeth Flanders v. Commonwealth of Virginia 07/10/2018
No err in trial court’s findings that evidence was sufficient to prove criminal agency and that the convictions of felony second-degree murder and felony hit and run did not violate appellant’s constitutional protection against double jeopardy
0710173 Jerry William McCoy v. Commonwealth of Virginia 07/10/2018
Trial court did not err in denying motion to strike and motion to dismiss because the evidence was sufficient to support appellant’s convictions of aggravated sexual battery of a child and taking indecent liberties with a child
1838171 James David Everett, II v. Kathryn Jean Tawes 07/10/2018
Trial court did not err in its refusal to retroactively modify accrued pendente lite arrearages
1839171 Kathryn Jean Tawes v. James David Everett, II 07/10/2018
Trial court did not err in its determination of appellee’s income and the amount of permanent spousal support awarded to appellant
1868173 Patsy Caskey Gadpaille v. Charles Key Gadpaille 07/10/2018
Judgment of trial court regarding spousal support and reimbursement of appellee by reducing appellant’s interest in the marital share of appellee’s retirement is affirmed
1092173 Dominique Nyree Waters v. Commonwealth of Virginia 07/03/2018
No err in trial court’s finding that appellant failed to perfect appeal from JDR court to circuit court and in trial court’s denial of appellant’s motions to quash the indictments
1229173 Shannon Strother v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(C)
1422173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1423173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1424173 James Robert Lee Mason, III v. Harrisonburg Rockingham Social Services District 07/03/2018
Trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(B)
1517174 Clifton Antony Grant v. Toni Gail Walters 07/03/2018
Summary affirmance – trial court did not err in denying appellant’s motion to correct the record
1780174 Juan A. Rosado Aviles v. Kerri E. Lewis 07/03/2018
Trial court erred in finding appellant in contempt, but did not err in denying appellant’s request for attorney’s fees and costs
0020183 Misty P. Watkins v. City of Roanoke Department of Social Services 06/26/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0477174 Michael Andrew Maldini v. Commonwealth of Virginia 06/26/2018
Any error by trial court in limiting appellant’s cross-examination of victim harmless given other overwhelming evidence of appellant’s guilt; trial court did not abuse its discretion regarding testimony of detective
0687154 Dorothy Elizabeth Cilwa v. Commonwealth of Virginia 06/26/2018
Upon Remand from Supreme Court – no error in revocation of appellant’s suspended sentence where circuit court had jurisdictional authority over appellant and her case when it revoked her suspended sentence
0827172 Hasaan S. Williams v. Commonwealth of Virginia 06/26/2018
No error in trial court’s finding that appellant possessed the heroin and that he intended to distribute it; appeal dismissed insofar as it pertains to conviction of possession with intent to distribute heroin on school property
1777172 Joel East Davis, II v. Charlotte County Department of Social Services 06/26/2018
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights and adoption were in child’s best interest
1959164 Donald Dravell Robinson v. Loudoun County 06/26/2018
Appellant’s conviction under Loudoun County ordinance § 654.09 affirmed where that ordinance is not unconstitutionally overbroad or vague
0352174 Robert Leigh Stoltz v. Commonwealth of Virginia 06/19/2018
Evidence was sufficient to prove appellant knew or had reason to believe that he was communicating with a minor; conviction of using a computer to solicit a minor affirmed
0831172 Carlos Camacho Garcia v. Commonwealth of Virginia 06/19/2018
No error in trial court’s finding that appellant’s convictions of felony identity theft, second offense and falsely identifying himself to a police officer did not violate appellant’s constitutional protection against double jeopardy
0131183 Commonwealth of Virginia v. Calvin Wayne Craighead 06/12/2018
Trial court erred in attributing delays caused by the absence of appellee’s initial trial attorney to the Commonwealth
0421173 Brent Ray Doss v. Commonwealth of Virginia 06/12/2018
No error in trial court’s findings that the owner of the vehicle impliedly authorized another to sign the title to the truck and that the evidence was sufficient to convict appellant of grand larceny of a motor vehicle
0687171 James McKinley Taylor v. Commonwealth of Virginia 06/12/2018
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant constructively possessed the cocaine; trial court did not render inconsistent verdicts
0989171 Ronald Lanard Malone v. Commonwealth of Virginia 06/12/2018
Trial court did not err in applying the new and distinct crime exception and in denying appellant’s motion to suppress the weapon
1447171 Virginia Department of Social Services v. Erica Betts 06/12/2018
Decision of trial court regarding the finding of level three abuse affirmed in part, reversed in part, and vacated in part
1719173 Hameen Irvin v. Roanoke County Department of Social Services 06/12/2018
Appellant’s challenge to termination of his parental rights under Code § 16.1-283(C)(2) rendered moot by his failure to challenge the termination under Code § 16.1-283(C)(1); trial court did not err in approving foster care goal of adoption
1869173 Pittsylvania County Board of Supervisors and North River Insurance Company v. Janna Hall 06/12/2018
No error in Commission’s decisions awarding appellee medical benefits and declining to appoint a disinterested physician pursuant to Code § 65.2-606
0384171 Arnold James Price, Jr. v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to dismiss where there was no violation of appellant’s statutory speedy trial rights
0780171 James Melvin Howard v. Commonwealth of Virginia 06/05/2018
No error in appellant’s convictions of possession of heroin and possession of fentanyl contained in one capsule where appellant was aware of the capsule’s presence in his pocket and knew that it contained at least one controlled substance
0888171 Jahsaad Kywan Livingston v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was guilty of abduction for pecuniary gain, conspiracy to commit abduction, and use of a firearm in the commission of abduction
1132172 Alan D. Weber v. County of Henrico 06/05/2018
Trial court did not err in finding appellant in civil contempt based on his failure to comply with orders requiring him to abate all zoning violations on his residential property and maintain compliance with the County’s zoning ordinance
1835163 Orbin Dewayne Bledsoe v. Commonwealth of Virginia 06/05/2018
Trial court did not err in denying appellant’s motion to strike where the evidence was sufficient to prove appellant was driving on a “highway” as defined in Code § 46.2-100(ii)
1977174 Sabrina Lewis v. Covenant Holdings Group, LLC and Flagship City Insurance Company 06/05/2018
No error in Commission’s finding that appellant failed to prove her injury arose out of her employment
2068172 Commonwealth of Virginia v. Amir Fareed Suluki 06/05/2018
Trial court erred in suppressing evidence obtained during search of appellee where the appellee was lawfully handcuffed during an investigative detention and his resistance to efforts to handcuff him provided probable cause to arrest for obstruction of justice
0808172 Harry M. Williams, Jr. v. Commonwealth of Virginia 05/29/2018
Trial court erred in finding that appellant’s federal conviction under 18 U.S.C. § 922(g) was substantially similar to a violent felony offense in Virginia as defined in Code § 17.1-805; remanded to trial court for resentencing
0893171 Raymond Dorell Warren v. Commonwealth of Virginia 05/29/2018
No error in trial court’s finding that evidence was sufficient to prove appellant intended to and did obstruct the officers from performing their duties
1334172 Charles C. Pattillo, Jr. v. Alison Pattillo 05/29/2018
Trial court did not abuse its discretion in awarding spousal support to appellee notwithstanding appellee’s adultery
1508172 Sundersingh Bala v. Virginia Retirement System 05/29/2018
Trial court did not err in affirming appellee’s decision that appellant knew or should have known that he would forfeit his Workforce Transition Act credit upon returning to work with the Commonwealth
1214172 Carlos Stevenson Chambers v. Commonwealth of Virginia 05/22/2018
Evidence was sufficient to prove both a breaking and entering and grand larceny
0470174 Juan Amarndo Candelaria v. Commonwealth of Virginia 05/15/2018
Any error by trial court in admitting statements at issue harmless where statements were corroborated by and cumulative of additional competent evidence presented at trial
1364172 William Terrelle Henderson v. Brigitta Henderson 05/15/2018
Trial court erred in failing to deduct the amount of the secured debt in determining the value of one of the parties’ marital assets before distributing it between the parties
1402172 Brigitta Henderson v. William Terrelle Henderson 05/15/2018
No reversible error in those parts of trial court’s order regarding equitable distribution, child support and spousal support challenged in this appeal
0694173 Landon Conner Keith v. Commonwealth of Virginia 05/08/2018
Trial court did not abuse its discretion in ordering appellant to pay restitution for his victim’s funeral expenses
0821172 Kelly A. Dickerson v. Commonwealth of Virginia 05/08/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of nineteen counts of embezzlement
1219173 Mark Austin Martin v. Commonwealth of Virginia 05/08/2018
Trial court did not err in denying appellant’s motion to suppress
1286173 Galen Jay Moret v. Karen Elizabeth Moret 05/08/2018
No reversible error in trial court’s decision declining to reconsider appellant’s child support arrearages, awarding $1,000 per month in spousal support to appellee, and awarding an equitable distribution credit to appellee
1506172 Daniela Sternberg v. Spotsylvania County Department of Social Services 05/08/2018
Trial court erred in finding evidence was sufficient to support orders terminating appellant’s parental rights to her child and approving change in goal for the foster care plan from return home to adoption
0054172 Ryan Nicholas Smiley v. Commonwealth of Virginia 05/01/2018
Trial court did not abuse its discretion by denying appellant’s pretrial motion for the appointment of a forensic interviewer
0662171 Kashawna Jean Moore v. Commonwealth of Virginia 05/01/2018
Trial court did not err in denying appellant’s motion to dismiss where the offenses of improper driving and unlawful wounding involve different acts and different evidence was required to support each conviction
0699172 Makesha Johnson v. Commonwealth of Virginia 05/01/2018
Trial court did not err in refusing appellant’s motion for a mistrial or in refusing to give appellant’s proffered jury instruction
0721172 Debora Kay Moore v. Commonwealth of Virginia 05/01/2018
Trial court did not err in denying appellant’s motion to strike and convicting appellant of two counts of assault of a law enforcement officer where appellant’s overt acts were sufficient to establish the elements of assault were directed at both officers
0760171 Ricky Davis, s/k/a Ricky G. Davis v. Commonwealth of Virginia 05/01/2018
Appellant’s argument that the trial court erred in denying him the ability to waive the assistance of counsel at his probation revocation hearing barred by Rule 5A:18
1414171 Marvin Robert Staley, Sr. v. Olivia Delores Bryant Staley 05/01/2018
Appeal dismissed where this Court does not have jurisdiction to review a trial court’s ruling dismissing a rule to show cause
1821172 Commonwealth of Virginia v. Antonio Jermaine Spencer 05/01/2018
Trial court erred in granting the motion to suppress the firearm that was discovered as a result of a search of appellee’s person where appellee was not seized for Fourth Amendment purposes until after discovery of the marijuana and appellee’s actions constituted consent for the officer to open the pill bottle containing the marijuana
1840172 Commonwealth of Virginia v. Sarah Beth Smith 05/01/2018
Trial court erred in granting the motion to suppress where the officers obtained the marijuana and other inculpatory evidence through the unchallenged search warrant
1841172 Commonwealth of Virginia v. Clint Wayne Cockrill 05/01/2018
Trial court erred in granting the motion to suppress where the officers obtained the marijuana and other inculpatory evidence through the unchallenged search warrant
0341173 Katherine Nicole Dellis v. Commonwealth of Virginia 04/24/2018
Trial court did not err in denying appellant’s motion to dismiss where a stillborn fetus falls within the applicable statutory definition of a dead body; appellant’s conviction for concealing a dead body affirmed
0560172 John Carpenter v. Virginia Department of Social Services 04/24/2018
No error in trial court’s finding that the decision of the hearing officer was not contradictory to law
0931174 Ivan Rucker v. Alexandria Department of Community and Human Services 04/24/2018
Trial court did not err in terminating appellant’s parental rights to his child
0947171 James Antonio Fuller v. Commonwealth of Virginia 04/24/2018
No error in trial court’s finding that evidence was sufficient to prove appellant failed to provide his identifying information to the woman whose vehicle he hit; any error by trial court in refusing to admit impeachment evidence of appellant’s former attorney harmless
1671161 Stephen D. Rankin v. Commonwealth of Virginia 04/24/2018
Trial court did not abuse its discretion in refusing to allow appellant’s witness to testify as an expert or in denying appellant’s motion for a mistrial based on juror contact with a courtroom observer
1852174 Anita Shana-Nicole Simms v. Alexandria Department of Community and Human Services 04/24/2018
No reversible error in trial court’s finding that there was sufficient evidence to support termination of appellant’s parental rights to her children
0043173 Lanikki Korean Edwards v. Commonwealth of Virginia 04/17/2018
Trial court did not err in revoking appellant’s suspended sentence after the trial court entered a previous order abating her probation while she served an unrelated active term of incarceration
0048174 Eric Christian Lally v. Commonwealth of Virginia 04/17/2018
Appellant’s argument barred by Rule 5A:18 where appellant failed to object to the prosecutor’s statements at sentencing and failed to request a cautionary instruction or move for a mistrial; appellant failed to meet his burden of proof to apply ends of justice exception
0535172 Nathan Lee Shanklin v. Commonwealth of Virginia 04/17/2018
Appellant’s argument that the trial court erred by imposing a waiver of his Fourth Amendment rights as a condition of his supervised probation barred by Rule 5A:18; appellant is not entitled to the ends-of-justice exception to excuse his failure to register a contemporaneous objection
0826172 Thomas Sydney Turner v. Commonwealth of Virginia 04/17/2018
Evidence was sufficient to support a finding that appellant knowingly failed to re-register as a violent sex offender within the ninety days required
1113172 Michael J. Hill v. Brittney M. Thomas 04/17/2018
Trial court erred in sustaining appellee’s demurrer where appellant’s complaint sufficiently alleged that appellee ended their matrimonial cohabitation with the intent to desert and appellant did not need to allege facts showing his lack of consent to the desertion
1459174 Heidi Maikai Scalzott v. Todd Alan Scalzott 04/17/2018
Trial court did not abuse its discretion in denying appellant’s request for attorney’s fees
1514173 Chyna Roxanne Reed v. Roanoke City Department of Social Services 04/17/2018
No error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to her children and that termination was in children’s best interests
1658173 Paramont Coal Company Virginia, LLC & Summit Point Insurance Company v. Carson Vanover 04/17/2018
Commission did not err in its interpretation of Code § 65.2-504(A)(4), appellee sustained his evidentiary burden, and the award of permanent total disability benefits to appellee is affirmed
1919162 Rashid Hakim Holman v. Commonwealth of Virginia 04/17/2018
Appellant’s argument whether trial court erred in considering facts from a prior trial in which he was acquitted at his revocation proceeding barred by Rule 5A:18 and ends of justice exception does not apply; any error in admitting portions of the violation report harmless
0169173 Albert Henry Christy, Jr. v. Commonwealth of Virginia 04/10/2018
Evidence was sufficient to prove appellant knowingly possessed the three orphan images of child pornography on his computer
0282173 Dwayne Anthony Hairston, s/k/a Dwyne Anthony Hairston v. Commonwealth of Virginia 04/10/2018
Trial court did not abuse its discretion in admitting evidence where the evidence provided relevant, material insight into elements of the charged offenses and established a common scheme, plan or design and trial court undertook a review to balance the probative value against the prejudicial effect
0914172 Keith Wayne Alvis v. Amanda F. Thornton and Shawn B. Foster 04/10/2018
Trial court abused its discretion by denying appellant’s motion for a transportation order without ensuring appellant had the opportunity to participate in the adoption proceedings that resulted in the termination of his parental rights
0972161 Alfred Darnell Lane v. Commonwealth of Virginia 04/10/2018
No error in finding that evidence was sufficient to prove a breaking occurred
1353173 Christina Lynn Stewart v. Harrisonburg Rockingham Social Services District 04/10/2018
Trial court did not abuse its discretion in denying appellant’s motion for a continuance and finding appellant failed to prosecute her appeal from the juvenile and domestic relations district court; appellant has not shown she was prejudiced by the trial court’s denial of her motion for a continuance
1479173 Lynchburg General Hospital and Sentry Insurance Co. v. Zachary D. Foster 04/10/2018
Commission erred in awarding benefits for injuries resulting from a vasovagal syncopal episode where no credible evidence exists in the record to support a finding that appellee’s injuries were caused by a non-physical or emotional factor
1492172 Patrick McGarrity v. Emily McGarrity 04/10/2018
Judgment of trial court valuing and distributing the parties Barrios 401(k) plan affirmed
1020172 John Elmore Gibbs v. Commonwealth of Virginia 04/03/2018
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of felony child neglect where appellant acted with reckless disregard for the life and safety of the child by leaving him alone in their apartment for almost an hour to drive to a prescheduled meeting
1044174 Philip P. Wilson v. Hana Slivka 04/03/2018
Trial court did not err in calculating appellant’s gross income, in finding appellee’s actual gross income was $1000, or in awarding attorney’s fees to appellee; as trial court did not deviate from the presumptive guidelines or impute income to appellant, no written findings were required
1070163 Vincent Earl Spinner v. Commonwealth of Virginia 04/03/2018
Trial court did not err in denying appellant’s motion to suppress statements made to the police where the Miranda warnings given to appellant effectively informed him of his constitutional rights; any error by trial court resulting from admission of jail records derived from appellant’s mental health disclosures harmless
0269171 Tamara Felicia Brown v. Commonwealth of Virginia 03/27/2018
Trial court did not abuse its discretion in denying appellant’s post-sentencing motion to withdraw her guilty pleas where appellant did not meet her burden of establishing manifest injustice resulted from her guilty pleas
0347173 Ronnie Lee Stone v. Commonwealth of Virginia 03/27/2018
Trial court did not err in finding appellant possessed a firearm in connection with his distribution of cocaine, second or subsequent offense convictions and the mandatory minimum sentence waiver under Code § 18.2-248(C) inapplicable
1114162 Natajh Munford, s/k/a Natajh Devon Munford v. Commonwealth of Virginia 03/27/2018
Trial court erred in not permitting the appellant to question the jury about the possible prejudice caused by appellant wearing jail attire
1655172 Harry Michael Moy, Jr. v. Linda Sisk Moy 03/27/2018
Trial court did not err in interpreting the parties’ separation agreement
1703164 Cecil Guy Truman v. Commonwealth of Virginia 03/27/2018
Appellant’s first assignment dismissed where it is beyond the scope of this Court’s subject matter jurisdiction; ends of justice exception does not apply to appellant’s second assignment of error and it is barred by Rule 5A:18
1971163 Mitzi Bishop Denson v. Commonwealth of Virginia 03/27/2018
Trial court did not err in denying appellant’s motion to strike the evidence of manufacturing methamphetamine where there was sufficient evidence that appellant acted as an accessory before the fact in the manufacture of the methamphetamine recovered by the officer
0240171 Bronson Anthony Cunningham v. Commonwealth of Virginia 03/20/2018
No error in trial court’s finding that evidence was sufficient to prove appellant willfully concealed merchandise
0265174 Michael Anthony Young v. Commonwealth of Virginia 03/20/2018
Trial court did not err in denying appellant’s motion to dismiss on speedy trial grounds where even though the Commonwealth’s discovery failures necessitated the court-ordered continuance, the trial court found the Commonwealth did not act in bad faith and the continuance was pursuant to an implied exception to Code § 19.2-243
0304171 Deviyon Marquette Nichols v. Commonwealth of Virginia 03/20/2018
Trial court did not err in denying appellant’s request to have hearing on suppression motion and jury trial on same day, in denying appellant’s motion to suppress his statements to police, and in denying his motion to dismiss on speedy trial grounds
0380174 Brian Green v. Sharon Robertson, f/k/a Sharon Green 03/20/2018
Trial court did not err in interpreting the language in the parties’ property settlement agreement incorporated in the divorce decree or in ordering reimbursement of uncovered medical expenses on behalf of the parties’ child to appellee despite not finding appellant in contempt
0479172 Harry Lionel Hunter, Jr. v. Commonwealth of Virginia 03/20/2018
Appellant’s first assignment of error barred by Rule 5A:18; trial court’s finding that evidence was sufficient to prove appellant possessed the necessary intent affirmed
0638173 Latoya Denise Jefferson v. Commonwealth of Virginia 03/20/2018
Appellant’s convictions of two counts of welfare fraud affirmed where trial court did not abuse its discretion in curtailing cross-examination, did not err in denying appellant’s motion to strike as Commonwealth’s evidence proved appellant’s benefits overpayment exceeded $200, and any error in admitting document at sentencing harmless
0913172 Tina Lynn Tolley v. Terry Lou Tolley 03/20/2018
No error in trial court’s decision to grant the adoption petition regarding appellant’s child where appellant withheld her consent to the adoption contrary to the child’s best interest
1226173 Constance Brown v. Shenandoah Valley Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(C)(1)
1397172 Howard Allen Groffel v. New Kent Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his children pursuant to Code § 16.1-283(C)(2)
1427172 Lisa Marie Groffel v. New Kent Department of Social Services 03/20/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(C)(2)
0885172 Calvin Cardale Townes v. Commonwealth of Virginia 03/13/2018
Appellant’s argument that trial court erred by denying appellant’s request to withdraw his earlier jury waiver barred by Rule 5A:18 where appellant never presented a motion to withdraw the waiver to the trial court; evidence was sufficient to prove appellant possessed the firearm found by the police that evening near where appellant fell
0986173 Danny Lee Grizzard v. Sonny's Automotive Racing, Inc. & Sentry Insurance A Mutual Company 03/13/2018
No err in Commission’s finding that the 2011 stipulated order permitted employer to unilaterally terminate attendant care benefits upon receiving evidence that conditions justified a change in care
1019172 Diane K. Gaspa v. Thomas P. Gaspa 03/13/2018
Trial court did not abuse its discretion in admitting exhibit and using it to value appellant’s retirement accounts and awarding appellee a portion of those accounts where the answers by appellant to counsel’s questions supported conclusion that the exhibit constituted an adoptive admission
1043174 Scott R. Giambattista v. Julie A. Giambattista 03/13/2018
Trial court did not abuse its discretion in denying appellant’s motion to reduce spousal support
1167173 Ralph Curtis Moore v. Dickenson County Department of Social Services 03/13/2018
Trial court did not err by admitting a video of appellant’s arrest into evidence and the remaining arguments in the termination of parental rights case were procedurally defaulted under Rule 5A:18
0086173 Daniel Ray Essenmacher v. Lynchburg Department of Social Services 03/06/2018
Trial court did not err in approving the goal of adoption in the revised foster care plan and terminating appellant’s parental rights to his child
0087173 Daniel Ray Essenmacher v. Lynchburg Department of Social Services 03/06/2018
Trial court did not err in approving the goal of adoption in the revised foster care plan and terminating appellant’s parental rights to his child
0464171 Raynard Reginald Brown v. Commonwealth of Virginia 03/06/2018
Trial court did not err in denying appellant’s motion to set aside the verdict; as appellant did not specifically move to strike doctor’s expert opinion as inadmissible, his argument raised on appeal barred by Rule 5A:18
0609172 Carolyn Lane-Alvis v. Richmond Department of Social Services 03/06/2018
Trial court did not err in terminating appellant’s parental rights to her children
1558174 Summer Robinson v. Warren County Department of Social Services 03/06/2018
Summary affirmance – no error in orders terminating appellant’s parental rights to one of her children and approving the foster care plan’s goal of adoption for another child
1657173 Harvey Shrewsberry v. Martinsville Machine Works, Inc. & American Builders Insurance Company 03/06/2018
No error in Commission’s finding that appellant failed to establish that his injuries arose out of his employment
0165171 Kelvin Javon Watford v. Commonwealth of Virginia 02/27/2018
No reversible error in trial court’s decision to give Commonwealth’s proffered instruction defining permanent and significant impairment
0235173 Victor Clay Barringer v. Commonwealth of Virginia 02/27/2018
Appellant’s conviction of misdemeanor reckless driving reversed and dismissed where Code § 46.2-856 is inapplicable to appellant’s conduct
0514172 Daniel Soriano Avila v. Commonwealth of Virginia 02/27/2018
No error in trial court’s finding that evidence was sufficient to prove appellant exercised the requisite care and control over the victim/child; conviction of indecent liberties with a minor affirmed
1146174 John Hvozdovic v. Sarah McGuire 02/27/2018
Trial court did not err in classifying certain assets as marital property, in finding appellant committed waste of a marital asset, or in its decision regarding lay witness testimony about the rental value of the marital home
1426173 Samuel Kevin Bridge v. Samuel A. Layne and Charlotte N. Layne 02/27/2018
No error in trial court’s finding that adoption of the child by appellees was in child’s best interests and that appellant was withholding his consent contrary to child’s best interests
0292172 Derrick Lamont Colbert v. Commonwealth of Virginia 02/20/2018
No error in trial court’s finding that evidence was sufficient to prove appellant was carrying a concealed weapon about his person
0424174 Gember Bonilla v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress evidence obtained from a warrantless stop where officer had reasonable, articulable suspicion at time of stop that appellant was involved in armed robbery and officer’s actions to effectuate stop did not convert investigatory stop into a custodial arrest
0460172 Bernard Lee Dodson v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress where once appellant’s actions gave officers probable cause to believe appellant had obstructed justice or assaulted a police officer, they could lawfully arrest him and lawfully conduct a search incident to that arrest
1158174 Michael Timmons v. Lilian Mutiso 02/20/2018
Trial court did not abuse its discretion in refusing to accept into evidence the child’s therapist’s recommendation regarding child custody and in finding appellant willfully violated the May 25, 2014 custody and visitation order; contempt finding affirmed
1369174 Howard Wells v. Automotive Service Garage and Graphic Arts Mutual Insurance Co. 02/20/2018
Commission did not err in denying appellant’s requested treatment as it was not causally related to his original compensable injury, in denying appellant’s request for a change in treating physician, and in refusing to award appellant attorney’s fees and deposition costs
1749174 Elnora Moses v. Alexandria Department of Community and Human Services 02/20/2018
Summary affirmance – no error in trial court’s orders finding appellant’s child was abused or neglected, terminating her parental rights to her child, and approving the foster care plan goal of adoption
1976162 Marquis Devon Cooke v. Commonwealth of Virginia 02/20/2018
Trial court did not err in denying appellant’s motion to suppress the victims’ identification of appellant where those identifications were not the product of an unduly suggestive procedure
0328174 Ahmed Riyadh Aloudah v. Commonwealth of Virginia 02/13/2018
Trial court did not err in admitting the result of the preliminary blood test at the suppression hearing, in denying appellant’s motion to suppress the blood test results, and in finding evidence sufficient to support conviction; any error by trial court in refusing to defer disposition harmless
0344171 Jamar Dominic Green v. Commonwealth of Virginia 02/13/2018
No error in trial court’s decisions finding evidence sufficient to support appellant’s convictions and in refusing appellant’s proffered jury instructions; trial court erred in not requiring the Commonwealth to elect which firearm offense it would prosecute
0951173 Tasheika Deshae Davis v. Lynchburg Department of Social Services 02/13/2018
No error in trial court’s finding that evidence was sufficient to support termination of appellant’s parental rights to her child
1321171 Sheri Reddick v. Virginia Beach Department of Human Services 02/13/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children
1381172 William G. Clowdis, Jr., M.D. v. Virginia Board of Medicine 02/13/2018
Trial court did not err in affirming appellee’s decision removing the stay of suspension of appellant’s medical license where appellant failed to abide by the conditions required by an order of appellee
0217172 Montrio Santos Neville v. Commonwealth of Virginia 02/06/2018
Trial court did not err in revoking appellant’s suspended sentences after jury convicted him of distribution of heroin
0400174 Jose De Leon Garcia v. Commonwealth of Virginia 02/06/2018
Trial court did not err by admitting and considering the challenged statement where the statement did not constitute inadmissible hearsay
0966173 Bettina Dorr v. Lynchburg Department of Social Services 02/06/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to her child
1131164 Timothy Irvin Mears v. Commonwealth of Virginia 02/06/2018
No reversible error in trial court’s denial of appellant’s motion for a continuance where appellant failed to prove any resulting prejudice; his claim that trial court erred by failing to order a substance abuse assessment barred by Rule 5A:18
1235172 Shemika N. Skillings, f/k/a Shemika Franks v. Booker T. Franks 02/06/2018
Summary affirmance – no error in trial court’s order denying appellant’s motion to transfer venue and finalizing a prior order finding appellant in contempt of court
1310174 Mariah Smith v. Winchester Department of Social Services 02/06/2018
Summary affirmance – trial court did not err in terminating her parental rights to her child and approving the foster care plan’s goal of adoption
1529173 Daniel Wayne Dorr, Sr. v. Lynchburg Department of Social Services 02/06/2018
No error in trial court’s finding that it was in child’s best interest to terminate appellant’s parental rights to his child
1693162 Montrio Santos Neville v. Commonwealth of Virginia 02/06/2018
No reversible error in trial court’s decision allowing the Commonwealth to introduce evidence of appellant’s nickname of “Grim Reaper” during trial where verdict of jury on conviction of distribution of heroin would have been the same, given the overwhelming evidence of appellant’s guilt
1813161 Brandon Dominic Winder v. Commonwealth of Virginia 02/06/2018
Trial court did not err in finding collateral estoppel did not require dismissal of appellant’s perjury charges or in finding evidence sufficient to support appellant’s perjury convictions; issue alleging Commonwealth failed to corroborate its allegations of perjury with two witnesses barred by Rule 5A:18
0272171 Kenneth Davis v. City of Hampton Department of Social Services 01/30/2018
No error in trial court’s finding that it was in the children’s best interest to terminate appellant’s parental rights
0897174 Christine McKinney v. Fairfax County Department of Family Services 01/30/2018
Trial court did not err in terminating appellant’s parental rights to her child where appellant failed to comply with the requirements of Code § 16.1-283(C)(2)
1208163 Edward Leroy Marshall, Jr. v. Commonwealth of Virginia 01/30/2018
No reversible error by trial court in refusing to provide jury with his proffered jury instruction concerning a voluntary intoxication defense
1376171 Commonwealth of Virginia v. Linwood Lester Rivera 01/30/2018
Trial court did not err in granting appellee’s motion to suppress where officer briefly extended the traffic stop in a manner that violated the appellee’s Fourth Amendment rights
1818164 Ian Richard Hughes v. Commonwealth of Virginia 01/30/2018
Any error by trial court in not hearing appellant’s motion in limine as untimely filed harmless where the trial court admitted the evidence subject to that motion without objection by trial counsel; argument regarding sufficiency of evidence barred by Rule 5A:18
2125161 James L. Diggs v. Commonwealth of Virginia 01/30/2018
Trial court did not err in denying appellant’s motion to suppress his statements made to police where appellant was not subjected to custodial interrogation and his statements were voluntary; trial court did not err in finding evidence sufficient to establish victim was mentally incapacitated and appellant had to specific intent to commit rape
0628172 Carnell Carrington v. Aquatic Company and Insurance Company of the State of Pennsylvania 01/23/2018
Commission did not err in finding the two causes rule did not apply and did not reject the parties’ stipulation as to the cause of appellant’s inability to work
0918172 Shari Sims-Bernard v. Stephen P. Bernard 01/23/2018
Trial court did not err in denying appellant’s motion to amend custody and visitation or in awarding the guardian ad litem fees and costs
1104164 David Michael Schmidt v. Commonwealth of Virginia 01/23/2018
Trial court did not err in admitting an autopsy report containing a portion created by a non-testifying witness; appellant’s convictions of felony child abuse and felony murder do not violate the Double Jeopardy Clause
1452174 Commonwealth of Virginia v. Kyle Emerson Yen 01/23/2018
Judgment of trial court suppressing evidence found as a result of a search reversed where appellee validly consented to a search of his person that led to the discovery of the cocaine
1576161 Jahsen Heard v. Commonwealth of Virginia 01/23/2018
Trial court did not err in denying appellant’s motion to strike where evidence was sufficient to prove appellant participated in the attempted carjacking, conspiracy to commit carjacking, and robbery
0064174 James B. Spear, Jr. v. Nawara T. Omary 01/16/2018
Trial court did not err in vacating the child support modification order from the J&DR court for lack of jurisdiction
0843174 Matthew Mills v. Virginia Department of Social Services 01/16/2018
Decision of trial court upholding the appellant’s founded disposition of level three physical neglect based on inadequate shelter affirmed
0911174 Evangelia Gonzales v. Rafael A. Gonzales 01/16/2018
Trial court did not err in interpreting the pertinent section of the parties’ property settlement agreement as entitling appellant to one-half of the marital share of appellee’s Secret Service pension after appellee’s spousal support obligation to appellant concluded and appellant was not entitled to a lump sum of the pension income appellee received while she received spousal support
1058171 City of Norfolk v. Royce Munker 01/09/2018
Commission’s decision reversed where it did not determine whether appellee’s post-Katrina relief effort was same work or process of a firefighter paramedic
1270172 Jamie Cooks, Sr. v. Albemarle County Department of Social Services 01/09/2018
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant did not maintain contact with the child or prepare for the child’s future and it found termination was in the child’s best interest
1390162 Gregory Anthony Taylor v. Commonwealth of Virginia 01/09/2018
No error in trial court’s finding that evidence, viewed under proper standard, was sufficient to find appellant used or attempted to use a firearm or displayed a firearm in a threatening manner while committing or attempting to commit first-degree murder of the victim
0107171 Justin Dean Hedgpeth v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was driving while intoxicated and that the evidence was thus sufficient to convict appellant of felony driving on a revoked license
0405171 Justin Seth Riley v. Commonwealth of Virginia 12/27/2017
Appeal dismissed where trial court did not have jurisdiction to amend appellant’s initial plea of guilty to a conditional plea as the original final order was not suspended, modified or vacated within the twenty-one-day limit of Rule 1:1
0673173 Tonya J. Cogar, s/k/a Tonya Lopez Cogar v. Shenandoah Valley Department of Social Services 12/27/2017
No error in trial court’s finding that appellant failed to remedy the conditions which required continuation of her children’s placement in foster care; termination of her parental rights to her children affirmed
0700172 Judith A. LaBrie v. David F. LaBrie 12/27/2017
Trial court did not err in granting appellee’ motion to reduce spousal support as the motion was not barred by res judicata and appellee proved a material change in circumstances supporting modification
0939171 Daniel J. Potas v. Marcia M. Potas 12/27/2017
Trial court did not err in modifying custody and visitation of the parties’ children
1228161 Phillip Robert Brooks v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding there was no fatal variance between the indictment and the evidence adduced at trial; trial court did not err in denying appellant’s motion to strike where the witness’ testimony was sufficient to convict appellant of obtaining money by false pretenses
1242171 Daniel J. Potas v. Marcia M. Potas 12/27/2017
Appellant’s arguments waived on appeal where he did not appeal the original child support order and agreed to correction of the clerical error in that order and the amended order did not reopen the child support matter
1350172 Commonwealth of Virginia v. Luther George Berry, III 12/27/2017
Appeal dismissed where the Commonwealth’s one appeal of the suppression ruling was abandoned by the Commonwealth making this appeal not properly before the Court
1574161 Roger Brian Clarke, II, s/k/a Roger Brian Clarke, Jr. v. Commonwealth of Virginia 12/27/2017
No error in trial court’s finding that there was authority under the Code for the probation officer to impose special instructions on appellant as part of officer’s statutorily mandated responsibility
0350173 John Wilkes Trent, Sr. v. Commonwealth of Virginia 12/19/2017
No error in trial court’s finding that Commonwealth presented the necessary “slight corroboration” of appellant’s confession to support a conviction of carnal knowledge of a minor; trial court erred in entering a conviction on and sentencing appellant for a conviction of possession of a Schedule I/II drug where a motion to strike that charge was granted
0357174 Marianne Francone v. Fairfax County Public Schools 12/19/2017
No error in Commission’s decision denying appellant’s claim for coverage for a total left knee replacement
0385164 Yeily Sandoval Rios v. Fairfax County Department of Family Services 12/19/2017
Trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1 283(C)(2) as appellant did not substantially remedy the conditions leading to the child’s placement in foster care
0578174 John Michael Boone v. Rebecca Ann Boone 12/19/2017
Trial court did not err by refusing to order a modification of spousal support retroactive to the date of appellant’s involuntary retirement
0678173 Barbara Anne Keen v. Gary Ricky Barnett and Annette Barnett 12/19/2017
Trial court did not err in permitting a close relative adoption of minor child after finding adoption was in best interests of child and all applicable statutes had been complied with
0708174 Thomas Richard Ward v. Kimberlyn Maravet Baig-Ward 12/19/2017
Summary affirmance – trial court did not abuse its discretion in entering the protective order in favor of appellee and the parties’ children
0748174 Sylvia D. Ross v. Donald M. Ross 12/19/2017
Error in part in trial court’s decisions regarding spousal support and equitable distribution
0820171 Songthara Omkar, Jr. v. Teresita C. Omkar 12/19/2017
Appeal dismissed for appellant’s failure to comply with Rule 5A:20(c)
0920162 Harold Benjamin, a/k/a Darrell Bernard Stewart, a/k/a Benjamin Harold v. Commonwealth of Virginia 12/19/2017
Rulings of the trial court regarding testimony relating to contents of telephone records and statements made by appellant’s brother did not constitute reversible error
1938152 Wesley Carlton Smith v. Commonwealth of Virginia 12/19/2017
Trial court did not err in denying appellant’s motion to suppress where the photo lineup was not unduly suggestive; no error in trial court’s finding evidence was sufficient to sustain appellant’s robbery conviction of one of the victims
0019172 Patricia A. Hartman, f/k/a Patricia A. Hogg v. Oakley W. Hogg, III 12/12/2017
Trial court did not err in finding appellant in contempt of the parties’ property settlement agreement or in ordering appellant to pay her share toward the parties’ children’s education
0038171 William Anthony Smith v. Commonwealth of Virginia 12/12/2017
Trial court did not err in admitting the addendum evidence over appellant’s objection or in finding appellant violated his probation by failing to follow the special instructions for sex offenders
0569174 Shannita Jones v. Arlington County Department of Human Services 12/12/2017
Trial court did not err in terminating appellant’s parental rights to her children and approving the goals of adoption
0703174 Brian I. Davis v. Meryl R. Davis 12/12/2017
Trial court did not err in finding a material changed in circumstances warranted a reduction in spousal support to appellee
1122164 Laronn J. Ramsuer v. Commonwealth of Virginia 12/12/2017
No error in trial court’s findings that appellant was “at liberty” under Code § 18.2-67.5:2 where appellant was on postrelease supervision for a previous offense and that appellant was not entitled to further investigation or a new trial based on his proffer of juror misconduct
1265162 Thomas Reed Roberts v. Commonwealth of Virginia 12/12/2017
Trial court did not err in denying appellant’s motion to suppress where the initial encounter was not a seizure, the seizure occurred after appellant’s flight and was supported by reasonable suspicion of criminal activity, and the officer had probable cause to believe the portion of the lottery ticket in appellant’s hand contained drugs
1398174 Carlson Holdings, Inc. and Ace American Ins. Co. (Trav. Indemnity Co.) v. Sergut Tibebu 12/12/2017
Summary affirmance – Commission did not err in finding appellee proved by clear and convincing evidence that she suffered from a compensable ordinary disease of life and in awarding temporary total and temporary partial disability benefits
2102161 Donald Brian Slentz v. Commonwealth of Virginia 12/12/2017
Trial court did not err in denying appellant’s motion to suppress where trooper had a reasonable, articulable suspicion that appellant committed a traffic offense and the traffic stop did not violate appellant’s Fourth Amendment rights
0014172 Carole R. Montgomery v. John W. Montgomery 12/05/2017
Trial court erred in imputing rental income to appellant from two properties owned by a family trust; trial court did not err in imputing income to appellant, in finding appellant’s expenses had changed little since parties’ divorce, in terminating the spousal support obligation to the first hearing date, or in denying appellee’s request for attorney’s fees
0278172 David Michael Abruzzese v. Commonwealth of Virginia 12/05/2017
Appellant’s arguments raised on appeal barred by Rule 5A:18
0414172 Dean McCluster, d/b/a McCluster Construction & Auto-Owners Insurance Company v. Virgillio Baltazar 12/05/2017
No error in composition of Commission where the review panel hearing appellants’ motion to reconsider was in accordance with the law; no error in Commission’s finding that appellee sustained compensable injuries arising out of and in the course of his employment
1024174 Commonwealth of Virginia v. Dania Merlin Lemus 12/05/2017
Trial court erred in granting appellee’s motion to suppress where totality of circumstances was sufficient to determine there was a probability or substantial chance that appellee committed offense of DUI
1354141 Eliseo Granado, Jr. v. Commonwealth of Virginia 12/05/2017
Trial court did not err in denying appellant’s motion to suppress where officers had reasonable and articulable suspicion of criminal activity to continue appellant’s detention beyond concerns of disorderly conduct or that he was armed to investigate whether he was driving under the influence
1709162 Jhavar Yomont Smith v. Commonwealth of Virginia 12/05/2017
Appellant’s assertion that officer coerced him into removing straw from his watch pocket during stop barred by Rule 5A:18; trial court did not err in denying appellant’s motion to suppress
2044162 Stacey A. Wharam, f/k/a Stacey Austin v. Richard E. Austin 12/05/2017
Judgment of trial court awarding appellee child support and finding appellant in contempt for failure to comply with a previous order and awarding appellee restitution affirmed in part and reversed and remanded in part
0315174 Paul M. Pacheco v. J.P. Masonry, Inc. and Accidental Fund National Insurance Company 11/28/2017
No error in Commission’s finding that appellant failed to prove the running blade was medically necessary
0455174 Dominique Tiara Nash v. Arlington County Department of Human Services 11/28/2017
Termination of appellant’s parental rights to her child affirmed as appellant failed to comply with Rules 5A:18 and 5A:20 and failed to challenge an alternative holding supporting termination
1712162 Martonio Leon Coleman v. Commonwealth of Virginia 11/28/2017
No error in trial court’s finding that appellant was aware of the presence and character of the firearm and that it was subject to his dominion and control
1965162 Colleen Beth Higgins v. Laurie John Pearce 11/28/2017
Trial court did not err in awarding sole physical and legal custody of the parties’ minor child to appellee
0223171 April Dilaura v. Norfolk Department of Human Services 11/21/2017
Appellant’s failure to assign error to the trial court’s decision to terminate her parental rights and her failure to comply with Rule 5A:20(e) prevents this Court from addressing the termination of appellant’s parental rights to her children; even if appellant had correctly assigned error and her brief had been adequate, termination was in children’s best interest
0268171 Jahlmaar Keith Overton v. Commonwealth of Virginia 11/21/2017
Trial court erred in imposing a period of three years of good behavior for appellant’s conviction for use of a firearm in the commission of a felony where no suspended term of post-release supervision was imposed and that provision exceeded the punishment authorized by Code § 18.2-53.1
0309172 Shelby McCurnin, Jr., s/k/a Shelby F. McCurnin, Jr. v. Commonwealth of Virginia 11/21/2017
Trial judge did not abuse his discretion in denying appellant’s motion for recusal or in finding evidence was sufficient to prove appellant intentionally, rather than accidentally, filmed the victims without their consent
0311162 Thomas Bartholomew Simpson v. Commonwealth of Virginia 11/21/2017
No reversible error in trial court’s decision to admit a portion of a 911 recording in which a child’s statement is audible in the background or to admit screenshots of text messages received by the victim
1982162 Levert Alexander Cosby v. Commonwealth of Virginia 11/21/2017
Trial court erred in granting Commonwealth’s motion in limine and sustaining the Commonwealth’s objection to the witness’ testimony regarding the time appellant appeared at the courtroom on the day of his trial; conviction of felony fail to appear reversed and remanded
0065173 Lisa J. Yokshas & Scott L. Greaser v. Bristol City Department of Social Services 11/14/2017
Trial court erred in finding appellants lacked standing to file petitions for custody, a petition for adoption, and a petition for an injunction
0406174 Reginald Conrad Collard v. Patricia Ann Collins 11/14/2017
Trial court abused its discretion in awarding spousal support to appellee based on the pendente lite award and no evidence proved appellant’s income or ability to pay spousal support
0710161 Charles McKinley Washington v. Commonwealth of Virginia 11/14/2017
Revocation of appellant’s suspended sentence affirmed where appellant received his due process rights to notice and a hearing in the circuit court revocation proceeding regarding his termination from the drug treatment court program; argument appellant may have been able to assert to an entitlement to more process in the circuit court barred by Rule 5A:18
0859173 Zorija Castillo v. Catherine Bell 11/14/2017
Summary affirmance – trial court did not err in denying appellant’s petition to set aside the adoption of her two children
0937161 Lavonta Montreal Bland v. Commonwealth of Virginia 11/14/2017
No error in appellant’s convictions where he was not denied his right to a preliminary hearing on the charges for which he was convicted; appellant was not denied his statutory and constitutional right to a speedy trial
1241164 Oscar A. Rogriquez Grandados, s/k/a Oscar A. Rodriguez Granados v. Commonwealth of Virginia 11/14/2017
No error in finding that the evidence was sufficient to prove appellant had both express and implied power to direct or control the actions of the child and thus maintained a custodial or supervisory relationship over the child
1750164 Nathaniel Howard Moone, III v. Commonwealth of Virginia 11/14/2017
Appellant’s argument regarding sufficiency of the evidence to prove that the attempted robbery was accomplished by force or intimidation barred by Rule 5A:18
1894162 Rakell Kelvon Johnson v. Commonwealth of Virginia 11/14/2017
No error in trial court’s finding that evidence was sufficient to prove appellant countenanced, approved, and assisted in another’s actions and thereby aided and abetted in the carjacking
0017172 James L. Robertson v. Katisha L. Robertson 11/07/2017
Trial court erred in valuing and distributing appellant’s IRA; equitable distribution, spousal support and child support awards reversed and remanded to trial court for further consideration
0526161 Robert Christopher Ames v. Commonwealth of Virginia 11/07/2017
Trial court did not abuse its discretion in admitting testimony about appellant’s question and statement to the officers; evidence was sufficient to prove constructive possession of the firearm and marijuana and that the firearm was accessible for appellant’s immediate use
0898171 Lakeisha Dorothy Crump v. Portsmouth Department of Social Services 11/07/2017
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest
1535162 Norman Michael Roberts v. Commonwealth of Virginia 11/07/2017
Any error in admitting records from the National Precursor Log Exchange harmless where totality of the evidence established appellant’s guilt; convictions of manufacturing methamphetamine and conspiracy to manufacture methamphetamine affirmed
0472172 Holly Malone v. Dinwiddie Department of Social Services 10/31/2017
Trial court did not err in terminating appellant’s parental rights to her children pursuant to Code § 16.1-283(B)
0631173 Robert Kirtley, Jr. v. Joel Cooper & Amguard Insurance Company 10/31/2017
No error in Commission’s finding that appellant was an independent contractor, not an employee, and was not entitled to an award of benefits
1089162 Teounta Ernest Lewis v. Commonwealth of Virginia 10/31/2017
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable articulable suspicion the stop the vehicle for an equipment violation
1309162 NaQuon Lee Mathis v. Commonwealth of Virginia 10/31/2017
Trial court did not err in denying appellant’s motion to suppress where the encounter between appellant and the officer remained consensual and appellant voluntarily complied with the officer’s directions and a reasonable person would have felt free to disregard the instructions or leave the scene
1641161 Timothy Dale Wadford v. Commonwealth of Virginia 10/31/2017
Trial court did not abuse its discretion in admitting a prior conviction order; evidence was sufficient to prove appellant operated a motor vehicle while intoxicated, third offense within ten years
1828161 Reggie Donnell Saunders v. Commonwealth of Virginia 10/31/2017
Convictions of two counts of possession of oxycodone with intent to distribute violate Double Jeopardy Clause; matter remanded to trial court to vacate one conviction and sentence
1852162 Thaddeus Anthony Ruane v. Cynthia Ann Ruane 10/31/2017
Trial court did not err in amending the QCO pursuant to Code § 8.01-428(B) where there was an inadvertent omission in the prior QCO that did not specify appellee was awarded the SBP
1893162 Sterling Capers, s/k/a Sterling Bernard Capers v. Commonwealth of Virginia 10/31/2017
Trial court did not err in refusing appellant’s proposed jury instruction regarding eyewitness identification, in denying appellant’s motion to strike the evidence, or in denying appellant’s motion to strike testimony of one witness
2126164 Deanna Longerbeam v. Fauquier County Department of Social Services 10/31/2017
Trial court did not err by terminating appellant’s parental rights to her children and approving the permanency plans with the goal of adoption for the children
0198172 Moffett Paving & Excavating & United Contractors of Virginia v. Donald Kelly 10/24/2017
No error in Commission’s finding that appellee continued to be disabled as a result of his work accident where appellants failed to prove appellee’s disability was no longer related to his work injury and failed to prove appellee was able to return to work
0467172 Juanita M. Washington v. Honeywell International, Inc., et al. 10/24/2017
Commission did not err in denying appellant benefits for injuries she suffered while crossing a public street that separates employer’s plant from a parking lot maintained by employer where the street appellant was crossing when she was struck was not part of employer’s premises and was not the sole and exclusive way of ingress and egress
1596161 Jordan Diangelo Champion v. Commonwealth of Virginia 10/24/2017
Trial court did not err in denying appellant’s motion to supp