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Court of Appeals of Virginia Unpublished Opinions
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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 Gunn 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 suppress his statements to the police where appellant intelligently, knowingly, and voluntarily waived his Miranda rights and appellant was not in custody for purposes of Miranda warnings during first phase of interview
0197172 Stanley Hubbard v. Cyrenne Hubbard 10/17/2017
Trial court did not err in denying appellant’s motion to amend spousal support where it determined that the change in circumstances did not warrant a modification of the spousal support award
0201173 Delos Lamont Wells, a/k/a Monty v. Commonwealth of Virginia 10/17/2017
Trial court did not err in denying appellant’s motion to suppress evidence obtained during a search of his person
1106163 Kevin Lee Dawson v. Commonwealth of Virginia 10/17/2017
No error in appellant’s conviction of driving after being declared an habitual offender where appellant failed to rebut the presumption of regularity concerning the prior adjudication
1716161 Benjamin James Madonia v. Commonwealth of Virginia 10/17/2017
Trial court did not err in denying appellant’s motion to exclude DNA evidence and the related certificates of analysis where the Commonwealth met its burden of establishing all vital links in the chain of custody; trial court did not abuse its discretion in refusing appellant’s proposed voir dire question where other questions covered the same ground as the excluded question
1838162 Tabias Dayon McClain v. Commonwealth of Virginia 10/17/2017
Trial court did not err in finding victim’s in-court identification of appellant was sufficiently reliable or in finding evidence was sufficient to convict appellant of malicious wounding and use of a firearm in commission of a felony
0127172 Marc Louis v. Spotsylvania County Department of Social Services 10/10/2017
Summary affirmance – termination of appellant’s parental rights to his child affirmed
0128172 Merley Jean Dorestal v. Spotsylvania County Department of Social Services 10/10/2017
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
0887171 Jessica Gay v. Virginia Beach Department of Human Services 10/10/2017
Trial court did not err in terminating appellant’s parental rights to her children
1375163 Shebri Stacy Dillon v. Commonwealth of Virginia 10/10/2017
Trial court did not err in finding Roanoke County was an appropriate venue for appellant’s trial of uttering a forged public record which occurred at the Roanoke County courthouse located in the City of Salem
1489163 Robert Alan Novotny v. Commonwealth of Virginia 10/10/2017
Trial court did not err in denying appellant’s motion to suppress statements he made to an officer or in finding evidence was sufficient to convict appellant of involuntary manslaughter
0116171 Jay Hoon Kim v. Commonwealth of Virginia 10/03/2017
Trial court did not err in admitting appellant’s juvenile court conviction order into evidence where trial court made a factual finding that appellant was represented by counsel at the time of his juvenile court adjudicatory hearing
0303161 Chiquita Lynette Parker v. Commonwealth of Virginia 10/03/2017
Trial court did not abuse its discretion in admitting appellant’s DMV transcript into evidence
0313173 Woodrow W. Nelson v. Town of Christiansburg and Starnet Insurance Company 10/03/2017
No error in Commission’s finding that appellant’s injury did not arise out of his employment
0314172 Creative Energy Corporation of Richmond and Cincinnati Insurance Company v. Richard Howe 10/03/2017
Commission did not err in awarding benefits to appellee where credible evidence supports its finding that a causal relationship existed between appellee’s compensable left knee injury and the treatment of appellee’s right leg
0660173 Charlie Jeffreys v. The Uninsured Employer's Fund, et al. 10/03/2017
No error in Commission’s finding that appellees Historical Society and Church were not engaged in the construction business and were not appellant’s statutory or direct employers
0693173 The Uninsured Employer's Fund v. Charlie Jeffreys, et al. 10/03/2017
No error in Commission’s finding that appellees Historical Society and Church were not engaged in the construction business and were not appellant’s direct or statutory employers; matter remanded to Commission for entry of a revised order
0837163 Jake R. Jones, s/k/a Jake Robert Jones v. Commonwealth of Virginia 10/03/2017
Trial court erred in convicting appellant of interference with property rights of another where that offense is not a lesser-included offense of grand larceny
1518163 Owen Franklin Silvious v. Commonwealth of Virginia 10/03/2017
Trial court did not err in finding it had subject matter jurisdiction to act when it placed appellant on indefinite supervised probation until he completes his payment of restitution
1719161 Terry Stinnie v. Commonwealth of Virginia 10/03/2017
Trial court did not err in denying appellant’s motion to dismiss where there was no violation of appellant’s speedy trial rights
0805161 Kenneth Charles Vigil v. Commonwealth of Virginia 09/26/2017
No reversible error in appellant’s convictions of aggravated sexual battery where victim’s testimony was not inherently incredible, evidence was sufficient to support the convictions, and any error by trial court in admitting witness’ testimony that appellant did not deny the offenses was harmless
2030163 Monique Montrice Franklin v. City of Franklin Department of Social Services 09/26/2017
Trial court did not err in determining that appellee offered reasonable and appropriate services to appellant designed to remedy conditions leading to child’s placement in foster care or in refusing to give appellant additional time to manage her mental health issues with medication
0742172 Lisa M. Roessell v. David L. Bowles and Sherri J. Bowles 09/19/2017
No error in trial court’s finding that appellant withheld her consent to the adoption of her child contrary to best interests of child; order of adoption affirmed
1347162 Vernon Eggleston v. Commonwealth of Virginia 09/12/2017
Trial court erred in imposing post-release incarceration where order that sentenced appellant for underlying offenses ordered only a term of post-release supervision, not post-release confinement
1516164 James Warren Illetschko v. Jennifer Jo Illetschko 09/12/2017
Trial court did not err in declining to impute income to appellee from a second job or in denying appellant’s request for an award of attorney’s fees and costs
1145164 Bryant James Hatcher v. Renee Matthews 09/05/2017
Judgment of trial court regarding appellant’s motion to modify child support affirmed except insofar as it pertains to trial court’s calculations in child support guidelines which differed from the amount the trial court used in its letter opinion
1246162 John Edward Hardin v. Commonwealth of Virginia 09/05/2017
No error in trial court’s finding that evidence was sufficient to prove that appellant knew or should have known that his actions created a probability of serious injury and that he acted with a reckless or indifferent disregard to the rights of another; conviction of involuntary manslaughter affirmed
1344164 Pablo Jesus Lijeron v. Christian Paola Lijeron 09/05/2017
Trial court did not abuse its discretion in awarding primary physical custody of the parties’ child to appellee
1428164 Julia Selah v. William Selah 09/05/2017
No error in trial court’s finding that consent order terminated upon entry of final decree or in refusing to incorporate consent order’s support terms into final decree; trial court erred in not permitting parties to present additional evidence relevant to determination of spousal support
1636154 Umesh Kumar v. Commonwealth of Virginia 09/05/2017
Trial court did not err in denying appellant’s motion to dismiss, in denying appellant’s motion to suppress, in admitting certain exhibits notwithstanding appellant’s argument regarding chain of custody, or in denying appellant’s request for a jury instruction regarding Commonwealth’s destruction of evidence
1931161 Creichuan Garrett v. Commonwealth of Virginia 09/05/2017
Trial court did not abuse its discretion in sentencing appellant
1978161 Ramon Montrell Williams v. Commonwealth of Virginia 09/05/2017
Trial court did not abuse its discretion in sentencing appellant to active incarceration on his malicious wounding conviction
0618171 Allison Armiger v. Chesbay Distributing, LLC and Indemnity Insurance Company of America 08/29/2017
Summary affirmance – no error in Commission’s finding that appellant’s motion to reopen and vacate the petition and order settling all claims was untimely and that she failed to establish a mutual mistake of fact or other legal basis for vacating the petition and order
0654163 Charles Wilmer, s/k/a Charles Ronald Wilmer, II v. Commonwealth of Virginia 08/29/2017
Trial court erred in finding evidence sufficient to prove appellant acted willfully or with reckless disregard for his children; convictions of causing an act or omission which rendered a child neglected or abused reversed
1093163 Kenneth Edwards Hicks v. Commonwealth of Virginia 08/29/2017
Appellant’s argument regarding admission of certificate of analysis based on the lack of a search warrant barred by Rule 5A:18, any error in admitting certificate of analysis harmless where evidence was sufficient to prove appellant was driving under the influence, and trial court did not err in denying motion to strike the evidence and set aside the jury’s verdict
1324162 Jazmine N. Kersey v. Commonwealth of Virginia 08/29/2017
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest the appellant and her companion for possession of contraband and the search of the dollar bill was reasonable as incident to arrest
1541154 Ekaterina A. Chapin v. Bryan Theodore Chapin 08/29/2017
Trial court did not abuse its discretion by permitting appellee’s expert witness to testify and admitting expert’s report into evidence, in classifying certain assets as appellee’s separate property, in denying appellant’s motion for an alternative valuation date, or in refusing to award appellant additional attorney’s fees; no err in finding the prenuptial agreement was unenforceable
1862161 Jane E. Reid v. Angas W. Reid 08/29/2017
Trial court did not err in denying appellant’s motion to compel based on its interpretation of the parties’ property settlement agreement; remainder of appeal dismissed
0475164 Miguel Angel Salmeron v. Commonwealth of Virginia 08/22/2017
Appellant’s argument regarding whether questions posed to a witness were leading is barred by Rule 5A:18; evidence was sufficient for jury to conclude that appellant was guilty of abduction with intent to defile and two counts of aggravated sexual battery
1137164 Anthony Wayne Chaconas v. Commonwealth of Virginia 08/22/2017
Trial court did not err in granting the Commonwealth’s motion in limine and admitting evidence of prior crimes or bad actions
1199163 Alexander Earl Billow, s/k/a Alexander Earl Barlow v. Commonwealth of Virginia 08/22/2017
Trial court did not err in finding evidence was sufficient to prove appellant intended to deprive the victim of her personal liberty with the intent to sexually molest her
1361161 Torre A. Russell, s/k/a Torre Antwan Russell v. Commonwealth of Virginia 08/22/2017
Any error by trial court in admitting child’s statement to his father harmless where it was merely cumulative of nurse’s testimony regarding a nearly identical statement made to her; evidence was sufficient to find appellant guilty of cruelty and injury to a child
2074164 David Duane Davis v. Stafford County Department of Social Services 08/22/2017
Trial court did not err in terminating appellant’s parental rights to his children where DSS met its obligation under Code Section 16.1-283(A) and where the trial court’s best interest determination under Code Section 16.1-283 (C) was neither plainly wrong or without evidentiary support.
2120163 Gerry Axelson v. Pifer Construction, Inc., Erie Insurance Exchange, & The Uninsured Employers' Fund 08/22/2017
Commission did not err in determining that a claimant seeking statutory employee status under Code Section 65.2-302 must prove he is an employee of an uninsured subcontractor and in concluding that Code Section 65.2-101(1)(n) is the sole way in which the member of a single-member LLC can be found to be an employee.
0027174 Nicholas Maldonado v. Federal Express Corporation 08/15/2017
Commission did not err in finding appellant’s claim for permanent partial disability benefits was not timely filed as it had not been preserved by the benefits claims forms appellant had previously submitted which resulted in an award of medical benefits only
0842162 Tara Monique Thompson v. Commonwealth of Virginia 08/15/2017
Trial court erred in convicting appellant of Code § 18.2-371.1(A) where the evidence was insufficient to prove that appellant’s failure to take the child to see a medical provider actually ended up causing or permitting any additional serious injuries to the child’s health
1300164 Askia Cuff v. Commonwealth of Virginia 08/15/2017
Trial court did not abuse its discretion in denying appellant’s motion to withdraw his guilty pleas where it found motion was not made in good faith and appellant had not presented evidence of a reasonable defense to the charges
1537164 Jonathan & Carolyn Clark v. VA Dept of Housing & Community Dev State Building Code Technical, et al. 08/15/2017
Decision of trial court affirming appellees’ decisions regarding notice to appellants for violations of Uniform Statewide Building Code affirmed
1973163 Clinton Bradley Walker v. Campbell County Department of Social Services 08/15/2017
Trial court did not err in finding evidence was sufficient to terminate appellant’s parental rights to his child
1974163 Clinton Bradley Walker v. Campbell County Department of Social Services 08/15/2017
Trial court did not err in finding evidence was sufficient to terminate appellant’s parental rights to his child
2035162 Daniel Thornsbury v. Chesterfield-Colonial Heights Department of Social Services 08/15/2017
No error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interests and that appellant had not substantially remedied conditions that brought his children into foster care
0215174 Food/Bev Serv-Crystal City and Hyatt Corporation v. Tahssin Al-Boarab 08/08/2017
No error in Commission’s findings that appellee was totally disabled or that appellee did not unjustifiably refuse to cooperate with the vocation rehabilitation counselor
0229173 Tiffany Custis v. Harrisonburg-Rockingham Social Services District 08/08/2017
Trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interest
0411173 Commonwealth of Virginia v. Amanda Collins 08/08/2017
Trial court erred in granting appellee’s motion to suppress evidence found in a backpack and shaving kit where appellee lacked standing to contest the search; trial court’s suppression of statements made before appellee waiver her Miranda rights affirmed
0437173 Daniel Lee Brooks v. Roanoke City Department of Social Services 08/08/2017
Trial court did not err in finding evidence sufficient to terminate appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(i)
0601161 Tyler Wendell Murphy v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that evidence was insufficient to support appellant’s claim of self-defense where appellant unlawfully kicked the victim and stomped on his face after he was already rendered unconscious
1297161 Howard Odell Harrod, III v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that officer had reasonable articulable suspicion to stop appellant for a traffic violation and that the other officers in no way prolonged the duration of the stop by speaking with appellant during which they developed probable cause that appellant possessed marijuana
1457162 James Jarmell Jackson v. Commonwealth of Virginia 08/08/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was a criminal agent of the offenses of robbery and use of a firearm in the commission of a felony
1765162 Larry Jermaine Bell v. Commonwealth of Virginia 08/08/2017
Trial court erred in refusing to strike juror for cause
1963164 Wade Protus Phillips v. Loudoun County, Virginia 08/08/2017
No error in Commission’s finding that appellant’s unauthorized medical treatment was not compensable by appellant where evidence did not prove treatment provided by employer was inadequate or that the unauthorized treatment was medically reasonable and necessary
2075164 Sarah Swartwood-Davis v. Stafford County Department of Social Services 08/08/2017
Trial court did not err in terminating appellant’s parental rights to her oldest child where the evidence supported the finding that termination was in the child’s best interest and that appellant failed to substantially remedy the conditions leading to the child’s initial placement in foster care within twelve months
0080173 Phillip M. Tallman v. Bristol Department of Social Services 08/01/2017
No error in trial court’s termination of appellant’s parental rights to his child where it found that appellant had no substantial plan for his child’s future and that the evidence was sufficient to terminate appellant’s parental rights
0865163 Antonio Elton Hubbard v. Commonwealth of Virginia 08/01/2017
Trial court did not err in admitting order book pages into evidence as proof of appellant’s prior drug convictions or in striking a prospective juror for cause
1399161 Anderson Wright, s/k/a Anderson Jevon Wright v. City of Virginia Beach 08/01/2017
Trial court did not err in denying appellant’s motion to dismiss where the Virginia Beach disturbing the peace ordinance is not unconstitutionally vague or overbroad
1702164 Rayonda Richards v. Alexandria Department of Community & Human Services 08/01/2017
Trial court did not err in terminating appellant’s parental rights to her children where appellant did not substantially correct the conditions that led to children’s placement in foster care and appellee provided reasonable and appropriate services to appellant; appellant’s due process rights were not violated
1768164 Abdul Rahman Nashnoush v. Asma Yousef 08/01/2017
Decision of trial court denying appellant’s motion to modify support affirmed
1889163 John David Clark v. Jennifer Rodgers Clark 08/01/2017
No error in trial court’s denial of appellant’s motion for reconsideration related to spousal support
1951161 Jane Arlene Frakes v. Danny Joe Frakes 08/01/2017
Trial court did not err in classifying Michigan property as separate property and Norfolk home as marital property; trial court erred in failing to classify the rest of the parties’ property
2064164 Jose Manuel Ramos-Fantauzzi v. Elizabeth Santa Matos 08/01/2017
Trial court erred in denying appellant’s motion to reconsider the trial court’s acceptance of jurisdiction and in entering the military qualifying order
0135173 Felicia Elizabeth Feaster v. Harrisonburg-Rockingham Social Services District 07/25/2017
Trial court did not err in finding termination of appellant’s parental rights was in child’s best interest
0149173 Alfonso Renoid Mason v. Harrisonburg-Rockingham Social Services District 07/25/2017
Trial court did not err in finding termination of appellant’s parental rights to his child was in child’s best interest
0821161 James Steven Patterson v. Commonwealth of Virginia 07/25/2017
Trial court erred in admitting exhibit to enhance appellant’s dui conviction where the appellant’s conviction was under a California statute not substantially similar to Virginia’s DUI statute
0936161 Andrew Simon Manzano, a/k/a Andrew Williams v. Commonwealth of Virginia 07/25/2017
Trial court did not err in denying appellant’s motion to strike for cause three venirepersons where trial court found they were able to serve as impartial jurors
1915164 Kellie L. Matthews v. Steve O. Brinckhaus 07/25/2017
Trial court abused its discretion in incorporating the parties’ amended parenting agreement into an order without considering the best interests of the child and Code § 20-124.3 factors
0033173 Richard David Rouse v. Catherine Hagy Rouse 07/18/2017
Trial court did not abuse its discretion in dividing the marital property or in granting divorce on the ground of continuous separation of more than one year; issue of pendente lite spousal support barred by approbate-reprobate doctrine; other assignments of error waived due to procedural defects
0193162 Dwayne Gray Miller, Jr. v. Commonwealth of Virginia 07/18/2017
Appellant’s convictions of aggravated involuntary manslaughter and felony hit and run affirmed where evidence was sufficient to prove appellant proximately caused victim’s death, exclusion of victim’s toxicology evidence, if error, was harmless, and instruction on degree of intoxication as a factor to consider was properly given
0212172 Victoria's Secret & Gallagher Basset Services v. Nicole Mauldin 07/18/2017
Commission erred in failing to reopen the record to hold an additional hearing to consider whether the medical records obtained from appellee’s medical provider constituted after discovered evidence sufficient to warrant modification of the Commission’s earlier decision
0509173 Ronnie Stiltner v. Harold E. Matney, Jr. and Amguard Insurance Company 07/18/2017
Summary affirmance – no error in Commission’s finding that appellant failed to establish a compensable injury
0643174 Robinique Scott Cruse v. Alexandria Department of Community and Human Services 07/18/2017
Trial court did not err in terminating appellant’s parental rights to the three children subject to this appeal where evidence proved termination was in children’s best interest
0930162 Dmitri I. Medvedev v. Henrico County 07/18/2017
Trial court did not err in denying appellant’s motion to suppress where evidence proved encounter began as a consensual one and that by the time a seizure of appellant occurred, officer had reasonable suspicion that appellant was driving while intoxicated
1029162 Andrew Nicholas Chavis v. Commonwealth of Virginia 07/18/2017
Trial court did not abuse its discretion in considering expert testimony where that testimony did not invade the province of the court as fact finder; trial court did not err in finding evidence was sufficient to prove appellant’s intoxication caused him to operate his vehicle in a manner that caused the death of the two victims
1771163 Tamera S. Gilbert v. Wise County Department of Social Services 07/18/2017
Appellant’s assignments of error waived where she did not object to any action taken by the trial court and did not assign error to any action taken by the trial court
2100162 Amit Varma v. Meenakshi Bindal 07/18/2017
Trial court did not abuse its discretion in entering the supplemental order
0445161 Gary L. Williams v. Commonwealth of Virginia 07/11/2017
Trial court did no err in denying appellant’s motion to strike and did not abuse its discretion in allowing the audio recording of two jail calls to be played to the jury
1456161 Crystal Houston v. City of Newport News Department of Human Services 07/11/2017
Judgment of trial court affirmed as the evidence presented satisfied the criteria set forth in Code § 16.1-283(c)(2) and thus adequately supported trial court’s decision to terminate appellant’s parental rights to her children
1532161 Martin Houston, Sr. v. City of Newport News Department of Human Services 07/11/2017
Judgment of trial court affirmed as the evidence presented satisfied the criteria set forth in Code § 16.1-283(c)(2) and thus adequately supported trial court’s decision to terminate appellant’s parental rights to his children
2038162 George M. Gordon v. Elizabeth H. Gordon 07/11/2017
Trial court did not abuse its discretion in fashioning the spousal support award as it considered the required statutory factors and its factual findings have evidentiary support in the record
1149162 Michael Harris, s/k/a Michael Wayne Harris v. Commonwealth of Virginia 07/05/2017
Trail court did not err in denying motion to suppress as the challenged evidence was admissible pursuant to the inevitable discovery doctrine
1338161 Christopher Dawayne Sledge, Jr. v. Commonwealth of Virginia 07/05/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of malicious wounding
0083173 Four "O" Mining Corporation and American Mining Insurance Company v. Lendy C. Deel 06/27/2017
No error in Commission’s finding that appellee’s claim was not barred by the statute of limitations and that his condition supported the award of lifetime benefits
1037162 Anthony William Goodman v. Commonwealth of Virginia 06/27/2017
Trial court did not abuse its discretion in denying appellant’s motions to withdraw his guilty pleas where he expressly waived his right to withdraw the guilty pleas in the plea agreement
1214162 Christopher Lee Watson v. Commonwealth of Virginia 06/27/2017
No error in trial court’s finding that the evidence was sufficient to prove appellant knew of the gun’s presence in the trunk of the vehicle
1635164 Christopher Howard Marraro, II v. Janae Irene Haaland 06/27/2017
Judgment of trial court affirmed where the record is insufficient for Court to make a determination of assignment of error raised on appeal
0761161 Randell Louis Kinlaw v. Commonwealth of Virginia 06/20/2017
No error in trial court’s finding that evidence was sufficient to prove appellant had a firearm in his possession during the robbery and used it to commit that offense
1359162 Kristen Naomi Williams v. Charlottesville Department of Social Services 06/13/2017
Summary affirmance – appellant’s arguments that trial court erred in dismissing her appeal from juvenile court due to her failure to appear at the hearing barred by Rule 5A:18
1892162 Larry Elrod, III v. Anastasia Alexander and Michael Alexander 06/13/2017
Summary affirmance – trial court did not err in approving the step-parent adoption of appellant’s children
0188174 Neka Granite Imports, Inc., et al. v. Luis Paz 06/06/2017
Summary affirmance – no error in Commission’s finding that appellee was entitled to permanent total disability benefits where it found appellee was unable to use his injured members in gainful employment and had reached maximum medical improvement on his right arm injury
0979161 Hampton Roads Sanitation District v. Virginia Department of Enviornmental Quality 06/06/2017
Trial court did not err in upholding appellee’s denial of appellant’s proposal to use biosolids ash on a farm
1115161 Jerry Lee Gibbs v. Commonwealth of Virginia 06/06/2017
Trial court did not err in denying appellant’s motion to suppress where officer had a reasonable, articulable suspicion of illegal activity and was permitted to stop appellant to investigate the matter and quickly confirm or dispel his suspicion that the inspection sticker had been illegally moved from one vehicle to another
1368162 Kayla S. Scott v. City of Petersburg Department of Social Services 06/06/2017
Summary affirmance – trial court did not abuse its discretion by not appointing a guardian ad litem to represent the juvenile appellant where she was represented by court-appointed counsel
1487161 Maurice Dontrell Boykins v. Commonwealth of Virginia 06/06/2017
No error in trial court’s finding that evidence was sufficient to prove appellant initiated the gunfight and shot the victim; appellant’s argument regarding his malicious shooting into an occupied building conviction barred by Rule 5A:18; matter remanded to trial court to correct clerical error in sentences reflected in November 6, 2015 order
0064174 James B. Spear, Jr. v. Nawara T. Omary 05/30/2017
Summary affirmance – arguments raised by appellant on appeal barred by Rule 5A:18
0788161 Mark David Murgia v. Commonwealth of Virginia 05/30/2017
Trial court erred in finding evidence sufficient to prove computer solicitation of a minor where no evidence showed appellant’s text messages to the victim constituted an entreaty or effort to persuade the victim to engage in any illegal sexual conduct
2007152 Lee Jeffrey Borras v. Commonwealth of Virginia 05/30/2017
Trial court did not err in convicting appellant of aggravated sexual battery where evidence was sufficient to prove appellant caused serious mental injury to the victim or in revoking appellant’s suspended sentence; appellant’s argument that trial court erred in convicting appellant of both rape and aggravated sexual battery for same conduct barred by Rule 5A:18
2023152 Quinton N. Washington, s/k/a Quintin N. Washington v. Commonwealth of Virginia 05/30/2017
Trial court did not err in excluding evidence of the victim’s character for violence offered to prove appellant had a reasonable apprehension for his life and safety or in finding evidence was sufficient to prove appellant acted maliciously
0520162 Jamal Ryan Sumner v. Commonwealth of Virginia 05/23/2017
No error in trial court’s finding that evidence was sufficient to convict appellant of breaking and entering where appellant committed a breaking by entering through the partially closed door, without the victim’s consent, and with the intent to commit an assault and battery
0631161 Derek Lamont Porter v. Commonwealth of Virginia 05/23/2017
Appellant’s argument that the search of the pill bottle was beyond the scope of his consent barred by Rule 5A:18; trial court correctly denied appellant’s motion to suppress where officer had a reasonable articulable suspicion of illegal activity
0751162 Kelly Patrick Johnson v. Commonwealth of Virginia 05/23/2017
Trial court erred in finding evidence sufficient to convict appellant of failure to perform a promise for construction in return for advances where it did not prove beyond a reasonable doubt that the demand letter was sent with a return receipt request to satisfy the notice element of the offense
1079161 Karlin Michael Jones v. Commonwealth of Virginia 05/23/2017
No error in trial court’s finding that evidence was sufficient to support conviction of assault and battery of law enforcement officer where appellant pushed officer in an offensive and insolent manner in order to evade arrest
1299161 Tony Lamont Pugh v. Commonwealth of Virginia 05/23/2017
Trial court did not abuse its discretion in admitting a copy of the forged check over appellant’s best evidence objection; evidence was sufficient for jury to conclude that appellant knew the check was forged when he cashed it
1341162 Walter James Graves v. Commonwealth of Virginia 05/23/2017
Trial court did not err in finding evidence was sufficient to support conviction for breaking and entering where victim’s residence was no longer appellant’s residence and appellant’s entry into the residence offended victim’s right of habitation
0154173 Edwin Rudolfo Romero Medrano v. New Tech, LLC and Erie Insurance Exchange 05/16/2017
Summary affirmance – no error in Commission’s finding appellant was not entitled to workers’ compensation benefits because he was not a direct employee of New Tech, LLC
0429164 Brian Charles Henley v. Commonwealth of Virginia 05/16/2017
Appellant’s argument regarding his right to resist an illegal arrest barred by Rule 5A:18 where appellant failed to raise that issue in his motion to strike
0633161 Gerard Bunn v. Commonwealth of Virginia 05/16/2017
Hit and run conviction affirmed because evidence proved that appellant failed to fulfill his legal obligations after he struck the vehicle; driving after having been declared a habitual offender conviction reversed because evidence failed to prove the revocation of appellant’s driving privilege was still in effect
0638162 Dermont Travon Sims v. Commonwealth of Virginia 05/16/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of burglary of a building, petit larceny, and possession of burglary tools
1406164 Ronald L. Borden v. Virginia Employment Commission and Fairfax County 05/09/2017
Trial court did not err in affirming Commission’s decision that appellant was not due unemployment compensation where appellant voluntarily quit his job without good cause
1888162 Michael Stacy Graves, Jr. and Lisa Anne Graves v. Neil Edward Jones 05/09/2017
Error in order denying appellants’ petition for adoption; matter remanded to trial court to reconsider the petition for adoption in light of Code § 63.2-1202(H) and/or the factors in Code § 63.2-1205
0016172 Continental Telecom Corp. and Travelers Indemnity Company v. Joan Streets-Nash 05/02/2017
No error in Commission’s finding that Dr. Fiore was an authorized treating physician and that he performed reasonable and necessary treatment that was causally related to appellee’s compensable work injury
0528164 Ermais Samson v. Commonwealth of Virginia 05/02/2017
Trial court did not err in excluding the certificate of analysis at trial where appellant did not comply with the filing requirements of Code § 19.2-187 and Code § 19.2-187.1 is not applicable when the defendant seeks to admit a certificate of analysis
1095161 Anthony Deshawn Bethel v. Commonwealth of Virginia 05/02/2017
Trial court erred in refusing to admit appellant’s statement to the victim at the time of the burglary and in doing so effectively prevented appellant from offering relevant and admissible evidence in support of his defense that he lacked criminal intent
1524163 Pittsylvania County Department of Social Services v. Martha Gosney 05/02/2017
Judgment of trial court reversed and final judgment entered where trial court was without jurisdiction to hear appellee’s appeal as appellant is a unit of county government and exempt from the Virginia Administrative Process Act
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 05/02/2017
Upon a Rehearing – judgment of trial court affirmed based on trial court’s alternative finding that it believed victim’s testimony and Supreme Court’s recent decision in Commonwealth v. Lambert, 292 Va. 748, 793 S.E.2d 805 (2016)
0013161 Calvin Burnell Bailey, Jr. v. Commonwealth of Virginia 04/25/2017
No error in trial court’s finding that evidence was sufficient to prove the value of the stolen bicycle was $200 or more
0052164 Michael Joseph Anderson v. Commonwealth of Virginia 04/25/2017
No error in appellant’s perjury conviction where appellant’s sworn statements were false, willfully made, and material; trial court did not err in admitting appellant’s sworn criminal complaint where Commonwealth properly authenticated the criminal complaint
0437163 Amanda Marie Thomas v. Commonwealth of Virginia 04/25/2017
Trial court did not abuse its discretion in determining appellant’s sentence when it imposed an additional three-year term of suspended incarceration conditioned on post-release supervision
0897164 Jonathan Lamar Marks v. Commonwealth of Virginia 04/25/2017
Trial court did not err in denying appellant’s motion to suppress where the search warrants were supported by probable cause; trial court did not err in denying appellant’s motion for a Franks hearing where appellant failed to make the requisite showing
1041161 Dwayne Demario Marrow v. Commonwealth of Virginia 04/25/2017
No error in trial court’s finding that evidence was sufficient to prove appellant’s identity as the criminal agent; trial court erred in finding evidence was sufficient to prove shooting resulted in a significant and permanent physical injury to victim; conviction of use of a firearm in commission of felony affirmed and conviction of aggravated malicious wounding reversed and remanded
1934162 Commonwealth of Virginia v. Deante Lapre Mayo 04/25/2017
Trial court erred in granting appellee’s motion to suppress evidence obtained after an encounter between appellee and officers where initial encounter was consensual and the subsequent search was lawful; trial court did not err in denying appellee’s motion to suppress evidence from rental car as appellee had no standing to challenge the evidence seized
0184161 Arthur Clinton, s/k/a Clinton Arthur, Jr. v. Commonwealth of Virginia 04/18/2017
Trial court did not err in admitting conviction order showing appellant’s prior felony conviction despite appellant’s indication he wished to stipulate to that conviction; appellant did not request a cautionary instruction or move for a mistrial
1440164 Shawn Garrett v. Andria Garrett 04/18/2017
Final decree of divorce affirmed in part, reversed in part, and remanded to the trial court for further proceedings
1866164 Mark Case v. United Parcel Services and LIberty Insurance Corporation 04/18/2017
Commission did not err in finding that appellant failed to market his residual work capacity while on light-duty status during the relevant time period or in refusing to admit after-discovered evidence where that evidence was not material or relevant
1945164 Renee Ann Beatty v. Harry Davis Beatty 04/18/2017
Judgment of trial court affirmed where appendix is insufficient to decide the issue presented
0657161 Clarissa Gregory v. City of Hampton Department of Social Services 04/11/2017
Trial court did not err in finding appellee proved, by clear and convincing evidence, that termination of appellant’s parental rights to her children was in their best interest; appellant’s other arguments waived
0745161 Alysia Anne Langen v. Commonwealth of Virginia 04/11/2017
Trial court erred in finding evidence was sufficient to prove appellant violated the terms of her suspended sentences by failing to timely pay restitution
0939163 Alexander Michael Edwards v. Commonwealth of Virginia 04/11/2017
No error in trial court’s finding that evidence was sufficient to prove appellant intended to disfigure victims when he tattooed them; trial court erred in finding evidence was sufficient to prove conspiracy to murder where there was no evidence of an agreement
1126163 Jonathan Lee Bistel v. Sarah Lee Bistel 04/04/2017
Appeal dismissed insofar as it pertains to custody and visitation order regarding H.B. as notice of appeal was not timely filed to that order; judgment of trial court pertaining to custody and visitation order regarding S.B. is affirmed
1143164 Michael Henry Vechery v. Florence Cottet-Moine 04/04/2017
No error in trial court’s custody and visitation order barring appellant from attending child’s gymnastic practices, awarding appellee legal and physical custody of child, holding that custody and visitation case would be heard in one day, refusing to conduct an in camera interview with the child or in ordering child not to play competitive golf for one year
1541162 Janet Garrett-Kelly v. Richard A. Kelly, II 04/04/2017
Appellant’s argument on appeal that trial court erred by dismissing her appeals because the trial court did not conduct a de novo hearing barred by Rule 5A:18
1700161 BJ's Wholesale Club, Inc. v. Rose M. McCarron 04/04/2017
No error in Commission’s finding that appellant was entitled only to a credit based on the excess amount appellee received due her increased earnings at a dissimilar job as it was a correct interpretation of Code § 65.2-712
0237161 Tiffany Lauren Phillips v. Commonwealth of Virginia 03/28/2017
Trial court did not err in finding evidence was sufficient to prove felony embezzlement; trial court erred in ordering restitution where no evidence proved the actual loss, if any, to the victim
0671164 Rosario Ruiz Dominguez v. Hardee's and Travelers Indemnity Company of America 03/28/2017
No error in Commission’s finding that under Code § 65.2-709 appellant was not entitled to cost of living adjustments where appellant is receiving one hundred percent of her average pre-injury weekly wage
0778163 Danielle Marie Embrey v. Commonwealth of Virginia 03/28/2017
No error in trial court’s finding that evidence was sufficient to convict appellant of misdemeanor contributing to the delinquency of a minor where the conditions the child was subjected to presented a substantial risk of death, disfigurement, or impairment of bodily or mental function
1189163 Jacklyn D. Stanley v. Bristol Department of Social Services 03/28/2017
No error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights to her children was in their best interest and that there was no reasonable alternative to termination
1449163 Jason M. Stanley v. Bristol Department of Social Services 03/28/2017
No error in trial court’s finding that evidence was sufficient to prove that termination of appellant’s parental rights to his children was in their best interest and that there was no reasonable alternative to termination
1886153 Akbar Aswab Douglas v. Commonwealth of Virginia 03/28/2017
Decision of trial court revoking appellant’s suspended sentences affirmed where the condition at issue was imposed in an earlier order that could not be collaterally attacked at the later revocation hearing
0233161 Raymond Antonia Williams v. Commonwealth of Virginia 03/21/2017
Trial court did not err in denying appellant’s motion to suppress where officer had probable cause to arrest vehicle’s occupants after officer found marijuana residue in vehicle and subsequent search of appellant’s person was legally permissible as a search incident to arrest
0333161 James Donta Whitfield v. Commonwealth of Virginia 03/21/2017
Trial court erred in finding evidence was sufficient to prove that the accident caused more than $1,000 of damage to meet threshold for felony hit and run
1034161 India Felicia Valentine v. Commonwealth of Virginia 03/21/2017
No error in jury’s finding that evidence was sufficient to prove the victim’s death was the result of appellant’s neglect
1219163 Yzavia W. Haney v. Roanoke City Department of Social Services 03/21/2017
Summary affirmance – no error in trial court’s finding it no longer had jurisdiction over this matter where appellant’s parental rights to her child had been terminated and she had exhausted her appeals of that decision; Court will not consider her arguments regarding transcript being incomplete where record reflects she did not file objections with trial court
1220163 Yzavia W. Haney v. Roanoke City Department of Social Services 03/21/2017
Summary affirmance – no error in trial court’s finding it no longer had jurisdiction over this matter where appellant’s parental rights to her child had been terminated and she had exhausted her appeals of that decision; Court will not consider her arguments regarding transcript being incomplete where record reflects she did not file objections with trial court
2006151 Michael Dewayne Culberson v. Commonwealth of Virginia 03/21/2017
Appellant’s argument regarding trial court’s denial of motion to suppress waived pursuant to Rule 5A:18; sentence imposed on conviction of possession of cocaine reversed and remanded to trial court for new sentencing hearing
0393163 Michael Blake Vaughan v. Commonwealth of Virginia 03/14/2017
No error in trial court’s finding that evidence was sufficient to prove that appellant willfully concealed merchandise with intent to defraud Target of its value
0743162 John Daniel Holsinger v. Commonwealth of Virginia 03/14/2017
No error in trial court’s conclusion that evidence was sufficient to find that circumstances that existed at time appellant discharged his weapon through the kitchen door proved that his actions may have placed victim’s life in peril
0882163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Judgment of trial court affirmed where appellants waived their challenge to the trial court’s decision dismissing custody petition for this child
1401163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Judgment of trial court affirmed where appellants waived their challenge to the trial court’s decision dismissing custody petition for this child
1402163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Trial court did not err in dismissing appellants’ custody petition for this child where evidence established that appellants were unqualified to care for the child and uncommitted to maintaining a continuous relationship with child
1403163 Janette Campbell & Wessell Campbell v. Lynchburg Department of Social Services 03/14/2017
Trial court did not err in dismissing appellants’ custody petition for this child where evidence established that appellants were unqualified to care for the child and uncommitted to maintaining a continuous relationship with child
1738163 Virginia C. Wilson v. Darick A. Dodson 03/14/2017
Trial court’s child support order affirmed where Court will not consider appellant’s assignment of error due to her failure to comply with Rule 5A:20(e)
1745152 Billy Joe Lee v. Commonwealth of Virginia 03/14/2017
Appellant’s argument that trial court erred in refusing to instruct jury on involuntary manslaughter with respect to Code § 18.2-279 barred by Rule 5A:18 and with respect to Code § 18.2-33 counsel conceded at argument that there is no lesser-included offense of felony homicide
1866151 Roy Lujason Turner v. Commonwealth of Virginia 03/14/2017
Trial court did not abuse its discretion in admitting photograph of appellant where it was a screenshot of appellant from a news website and differed significantly from a mug shot
1946152 Michelle H. Tomlin v. Commonwealth of Virginia 03/14/2017
Trial court did not err in granting motion to amend indictments where those amendments did not change nature or character of offense, in finding evidence sufficient to prove four counts of obtaining money by false pretenses, four counts of embezzlement, and one count of grand larceny or in denying pretrial motions for bill of particulars and to elect charges
0034161 Ja'Ron Russell Turner v. Commonwealth of Virginia 03/07/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was one of the perpetrators or in considering the out-of-court statements of the officer where they were not offered for the truth of the matters asserted and were not hearsay
0159161 Larry Eugene Coney, Jr. v. Commonwealth of Virginia 03/07/2017
No error in trial court’s finding that the evidence was sufficient to prove appellant committed the offenses where it proved opportunity and other incriminating circumstances to establish appellant’s guilt beyond a reasonable doubt
0510161 Malik Luquan Kennedy v. Commonwealth of Virginia 03/07/2017
No reversible error in trial court’s decision to admit appellant’s communications with gang members in his probation revocation trial where the letters appellant wrote were admissible as party admissions and admission of correspondence from prisoners to appellant, if error, was harmless
0719154 Kevin Anthony Battaglia v. Commonwealth of Virginia 03/07/2017
Trial court did not err in allowing witness to read his witness statement to the jury, in denying appellant’s motion for a mistrial, or in finding evidence sufficient to prove appellant resisted arrest
1053164 Young Jin Kim v. Roto Rooter Services Company & Old Republic Insurance Company 03/07/2017
No error in Commission’s finding that appellant did not prove an identifiable incident which caused his injury
1270164 National Express Corporation, et al v. Mary Pritchett 03/07/2017
Commission did not err in finding that appellee reasonably marketed her residual work capacity or in awarding appellee temporary partial disability benefits
1403152 Dejuan Latel Roy v. Commonwealth of Virginia 03/07/2017
Trial court erred in finding evidence was sufficient to prove appellant possessed the cocaine found in the glove compartment of the vehicle or that he agreed to conspire with one or more individuals to distribute the cocaine
1982154 Francisco Garcia-Tirado v. Commonwealth of Virginia 03/07/2017
No error in trial court’s denial of appellant’s motion to suppress his statements to the police where evidence clearly shows appellant knowingly and voluntarily waived his Miranda rights where he gave no indication that he did not understand the questions posed to him and his answers in Spanish were responsive and consistent with the questions asked
0562164 Jennifer Hutchins Allen v. Geoffrey B. Allen 02/28/2017
Trial court did not err in its classification of the stock purchase proceeds, in relying on the witness’ testimony regarding sale of appellee’s business, in classifying property as hybrid and applying a converture fraction to decide marital share, in refusing to use an alternate valuation date, in determining spousal support, or in its ruling regarding appellant’s Fifth Amendment waiver
0958161 Jonathan Burton, Sr. v. Norfolk Department of Human Services 02/28/2017
Trial court did not err in terminating appellant’s parental rights to his four children where evidence proved that appellant failed to provide or substantially plan for the children’s future for a period of six months after the children were placed in foster care and that appellant was unable or unwilling to substantially remedy the conditions leading to foster care placement for the children
1272162 Kyle Crews v. Halifax County Department of Social Services 02/28/2017
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child pursuant to Code § 16.1-283(E)(i) where sufficient evidence proved his parental rights had been previously terminated to three of his children
0113163 Chantz Parker, s/k/a Chantz Nathaniel Parker v. Commonwealth of Virginia 02/21/2017
Appellant’s convictions affirmed where trial court did not err in denying appellant’s motion to sever his trial from his codefendant, in admitting appellant’s and his codefendant’s medical records into evidence, jury could have reasonably rejected appellant’s hypothesis of innocence, and law of the case forecloses challenge to attempted robbery where no challenged was made to armed burglary
0590164 Brian T. Marriott v. Christina E. Anderson 02/21/2017
Judgment of trial court reversed where appellee’s notice of appeal of current child support order from juvenile court to circuit court was not timely filed
0722162 Simone Brown v. Petersburg Department of Social Services 02/21/2017
Termination of appellant’s parental rights affirmed where appellant’s failure to challenge the termination under Code § 16.1-283(C)(2) renders moot her challenge to the termination under Code § 16.1-283(B)
1286162 Andersen Interior Contracting, Structure Tone, Inc. and Arch Insurance Company v. Samuel Nimmo 02/21/2017
Decision of Commission finding a compensable injury and awarding appellee lifetime medical benefits affirmed where appellants failed to prove appellee’s fall and resultant injuries were proximately caused by his intoxication
1373163 Steven Clifton Pagans v. Franklin County Department of Social Services 02/21/2017
Termination of appellant’s parental rights to his children affirmed where his failure to challenge the termination of his parental rights under Code § 16.1-283(C)(2) renders moot his challenge to the termination of his parental rights under Code § 16.1-283(B)
1497164 Marta Rivas v. Mom's Apple Pie Company and Technology Insurance Company 02/21/2017
Summary affirmance – no error in Commission’s finding that appellant committed a willful breach of a workplace safety rule
1637152 Jerneil Leslie Moody v. Commonwealth of Virginia 02/21/2017
No error in jury’s finding that the theft of the vehicle was not part of the same impulse as the other grand larceny or in its finding that the testimony of appellant’s confederates was credible
0351161 Kenyatta Ferrell Jones v. Commonwealth of Virginia 02/14/2017
No error in trial court’s finding that appellant had guilty knowledge that the vehicle he was driving was stolen
0844164 Anthony S. Wiley v. Martha P. Wiley 02/14/2017
No error in trial court’s amended final order of divorce regarding equitable distribution or spousal support
0853152 Nicholas Secret, s/k/a Nicholas Charles Secret v. Commonwealth of Virginia 02/14/2017
Trial court did not err in denying appellant’s motion to suppress his post-warning statements, in denying appellant’s motion to strike where evidence needed only show appellant intended to kill the people he knew were in the building when he set it on fire, or in refusing proffered appellant’s jury instruction on intent
1138161 City of Norfolk v. Tammy Gray 02/14/2017
No error in Commission’s finding that appellant was liable for the surgery and treatment of appellee’s work-related injuries performed by an unauthorized treating physician where evidence was sufficient to prove that treatment was reasonable and necessary
1383163 Stacy L. Roberts v. Virginia Department of Social Services 02/14/2017
Summary affirmance – trial court did not err in granting appellee’s plea in bar dismissing the appeal for lack of jurisdiction where appellant failed to file a petition for appeal within thirty days of filing the notice of appeal and therefore failed to comply with requirements of Rule 2A:4
0673162 Tammy T. Ware v. Sudarsan Srinivasan 02/07/2017
Appellant’s assignment of error regarding setting of spousal support waived where appendix lacks transcript necessary for determination of that assignment of error and trial court properly considered the statutory factors and set out those factors in its decision
0968164 Alice Jin-Yue Guan v. Bing Ran 02/07/2017
Trial court did not err in finding appellee was not entitled to receive a set-off distribution pursuant to parties’ post-divorce agreement; trial court erred in finding appellant waived spousal support and breached the post-divorce agreement
1006161 Michael Clair and Douglas Buckley v. Virginia Marine Resources Commission, et al. 02/07/2017
Trial court erred in finding appellants had standing to appeal the decision of the Virginia Marine Resources Commission where they were not “aggrieved” parties and did not suffer a burden or obligation different from the public generally
1125162 Matthew Brent Ford v. Alyssa Anne Johansen 02/07/2017
Judgment of trial court denying appellant’s motion to reduce his child support obligation affirmed where appellant did not demonstrate a material change in circumstances
1432164 AV Automotive and VADA Group Self-Insurance Association v. Yahia Mohammed 02/07/2017
No error in Commission’s award of medical benefits and temporary disability benefits to appellee where appellee proved by a preponderance of the evidence that his injury arose out of his employment
0091161 King David Manning, Jr. v. Commonwealth of Virginia 01/31/2017
Trial court did not err in admitting documentary record exhibits under the business record exception to the hearsay rule; appellant’s argument that Cash Converters did not rely upon transaction records in normal course of business barred by Rule 5A:18
0392161 Andre Smalls v. Commonwealth of Virginia 01/31/2017
Trial court did not err in denying appellant’s motion to strike where operability of firearm is not an element of possession of a firearm while in possession of drugs and evidence was sufficient to prove firearm was a functioning firearm and statute does not require proof of a nexus between the firearm and the illegal activity; argument regarding constructive possession barred by Rule 5A:18
0846162 SurgCenter of Silver Spring, LLC v. Michael & Son Services, Inc., et al 01/31/2017
No reversible error in Commission’s denial of appellant’s application for unpaid medical bills related to treatment of an employee of appellee Michael & Son based on alternative finding that appellees rebutted the presumption that appellant’s remaining charges were reasonable and necessary
1600163 Rodney Dale Brady, Jr. v. Patrick County Department of Social Services 01/31/2017
Judgment of trial court terminating appellant’s parental rights to his two children affirmed where record does not indicate that appellant preserved his arguments for appeal
1601163 Jessica Dianne Gilley v. Patrick County Department of Social Services 01/31/2017
Judgment of trial court terminating appellant’s parental rights to two of her children affirmed where trial court terminated appellant’s parental rights under Code § 16.1-283(B) and (C)(2) but appellant did not challenge termination under Code § 16.1-283(B) rendering moot her challenge under Code § 16.1-283(C)(2)
0176152 Jodi J. Hope v. Commonwealth of Virginia 01/24/2017
No error in trial court’s refusal to instruct jury on appellant’s claim of self-defense as to one victim as there was no evidence to support that instruction, in sua sponte instructing jury that it could only consider affirmative defense of self-defense as to one victim or in refusing to allow entirety of phone conversation between appellant and another into evidence
0911151 Terry Lee Poff, s/k/a Terry Lee Poff, Jr. v. Commonwealth of Virginia 01/24/2017
Trial court erred in refusing to allow the jury to hear impeachment evidence in the form of witness testimony that contradicted some of the victim’s testimony
1329151 Lavon Lawrence Gordon, s/k/a Cordarall Deshawn Gordon v. Commonwealth of Virginia 01/24/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was in constructive possession of the firearm found in the vehicle
1602151 James Corey Boggs v. Commonwealth of Virginia 01/24/2017
No error in trial court’s finding that evidence was sufficient to prove appellant took the credit card from victim’s apartment
1706151 Rodney Lenard Marshall v. Commonwealth of Virginia 01/24/2017
Trial court erred in finding evidence was sufficient to support appellant’s conviction of receiving stolen property where evidence did not establish victim’s vehicle was actually stolen
1962152 Fateh Al-Hayani v. Commonwealth of Virginia 01/24/2017
Trial court did not err in denying appellant’ s motion to suppress where trooper had probable cause for the search of appellant’s vehicle where the totality of the facts provided a fair probability that contraband would be found in the vehicle
0028162 Alice C. Taylor Village for Childhelp v. Cynthia B. Jones, Director, etc. 01/17/2017
Trial court erred in affirming appellee’s decision disregarding the recommendations by the hearing officer
0370161 Michael David Bailey v. Commonwealth of Virginia 01/17/2017
No error in trial court’s finding that evidence was sufficient to support appellant’s conviction of taking indecent liberties with a child where Code § 18.2-370(A)(3) prohibits an adult from proposing that he “feel” the sexual parts of a child regardless of the degree of force applied or the duration of the contact
1040151 Marquez Rah-Shaun Perkins v. Commonwealth of Virginia 01/17/2017
No error in trial court’s finding that evidence was sufficient to prove convictions of robbery, conspiracy to commit felony, and use of firearm in commission of felony; trial court erred in finding evidence sufficient to prove convictions of malicious wounding and use of firearm in commission of felony
1348164 Commonwealth of Virginia v. Theodore Keith Simpson, Jr. 01/17/2017
Trial court did not err in granting motion to suppress where weapon was not discovered in plain view and no evidence was presented that could lead a reasonable person to believe that appellant was a convicted felon at the time of weapon’s seizure or that the weapon itself constituted evidence of a crime
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 01/17/2017
Petition for rehearing granted.
0067161 Gary Jerome Turner v. Commonwealth of Virginia 01/10/2017
No error in trial court’s finding that evidence was sufficient to prove appellant was criminally negligent in driving recklessly after ingesting marijuana and failing to ensure the proper restraint of his passengers
0652152 Kathy Lorraine Staiger v. Commonwealth of Virginia 01/10/2017
Trial court did not err in convicting appellant of driving under the influence, third offense within five years in the same trial where she was convicted of driving under the influence, second offense within five years
0806162 Oscar O. Ozfidan v. Pamela L. Ozfidan 01/10/2017
No error in trial court’s award of indefinite spousal support to appellee where appellant’s motion put the issue of spousal support before trial court and evidence supports the award
1082162 NHC Healthcare/Bristol, LLC v. Marissa J. Levine, MD, MPH, Virginia State Health Commissioner, et al 01/10/2017
Trial court did not err in affirming Commissioner’s denial of appellant’s petition seeking good cause standing to participate in the proceedings before the Commissioner on an application for a certificate of public need for construction of a ninety-bed nursing home in Bristol, Virginia
1397164 Davitta Robinson v. City of Alexandria Department of Community and Human Services 01/10/2017
Trial court did not err in terminating appellant’s parental rights to five of her children and approving the goals of adoption
0096163 Ashby Coleman v. Commonwealth of Virginia 12/27/2016
Appellant’s convictions of distribution of child pornography affirmed where jury found images depicted images of minors, were a lewd display of nudity, and were knowingly distributed by appellant
1027163 Debora Goad v. Eastman Chemical and Ace American Insurance Company 12/27/2016
Summary affirmance – Court will not consider appeal as appellant’s failure to comply with Rule 5A:20(e) is significant
1203164 Dr. Greg Bath and American Economy Insurance Co. v. Virginia Lee Olinger 12/27/2016
No error in Commission’s finding that appellee’s reactive airway disease was a compensable ordinary disease of life that was caused by conditions peculiar to appellee’s employment
1931152 Patricia Ann Gerald v. Commonwealth of Virginia 12/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed perjury or in its finding that Albemarle County was proper venue for an offense committed in Albemarle General District Court, which is located in the City of Charlottesville
1967152 Tarsah M. Gerald v. Commonwealth of Virginia 12/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed perjury, in finding that Albemarle County was proper venue for an offense committed in Albemarle General District Court, which is located in the City of Charlottesville, or in finding evidence was sufficient to find appellant guilty of driving on a suspended license, third offense
1970153 Pamela Moreland v. Lynchburg Department of Social Services 12/27/2016
No error in trial court’s finding that clear and convincing evidence proved appellant’s children suffered abuse and neglect that presented a serious and substantial threat to their lives and that it was not reasonably likely conditions could be remedied within a reasonable amount of time; termination of appellant’s parental rights to her children affirmed
2000153 Christopher Moreland v. Lynchburg Department of Social Services 12/27/2016
No error in trial court’s finding that clear and convincing evidence proved appellant’s children suffered abuse and neglect that presented a serious and substantial threat to their lives and that it was not reasonably likely conditions could be remedied within a reasonable amount of time; termination of appellant’s parental rights to his children affirmed
0080162 Derrick Alexis Williams v. Commonwealth of Virginia 12/20/2016
No error in trial court’s finding that appellant was aware of the presence of the cocaine and exercised dominion and control over it; trial court erred in finding evidence was sufficient to prove a conspiracy existed between appellant and the other occupants of the vehicle
0085162 Robin Lee Elliott v. Bryan Curtis Wendell 12/20/2016
Trial court erred in failing to include provisions in child support order related to health care coverage and unreimbursed medical expenses; matter remanded to trial court for further proceedings
0112163 Joey Eugene Hodnett v. Commonwealth of Virginia 12/20/2016
Appellant failed to present his argument to trial court that officer’s suspicion was dispelled before he asked for appellant’s license and registration and that argument is barred by Rule 5A:18; appellant conceded officer had reasonable, articulable suspicion to stop his vehicle
0117162 Wilbur Maurice Watts v. Commonwealth of Virginia 12/20/2016
Trial court did not err in denying appellant’s motion to suppress where officer’s search of vehicle that resulted in discovery of firearm did not violate appellant’s Fourth Amendment rights as officer had probable cause to arrest appellant for possession of an illegal substance which permitted officer to search vehicle incident to the arrest
0770163 Loretta Roberts-Bond v. Harrisonburg-Rockingham Social Services District 12/20/2016
No error in trial court’s finding that child was a child in need of services in order for her to receive the stability necessary to the child’s condition or in its finding evidence demonstrated foster care goal of adoption was in child’s best interests
1159163 T.T.A.C, a Minor, by her Court-Appointed Attorney v. Harrisonburg-Rockingham Social Services Dist. 12/20/2016
No error in trial court’s finding that child was a child in need of services in order for her to receive the stability necessary to the child’s condition or in its finding evidence demonstrated foster care goal of adoption was in child’s best interests
1573152 Terrell Dewayne Garnett v. Commonwealth of Virginia 12/20/2016
Trial court abused its discretion in admitting text messages from cell phone where evidence was insufficient to establish a foundation for the admissibility of those text messages
1635152 Tyvon Lee Conyers, a/k/a T.Y. v. Commonwealth of Virginia 12/20/2016
Court is unable to reach merits of argument regarding Commonwealth’s hearsay objection during officer’s cross-examination where appellant’s proffer of officer’s earlier testimony was incomplete or inadequate; no error in finding that the abduction of the victim was not incidental to the robbery
1863152 Darryl Lamont Hawkins v. Commonwealth of Virginia 12/20/2016
Trial court erred in denying appellant’s motion for mistrial based on comments made by the Commonwealth’s Attorney during closing argument; conviction of promoting or preparing for dogfighting reversed and remanded to trial court for further proceedings consistent with Court’s opinion
0060161 Gerald E. Wood, Jr. v. Commonwealth of Virginia 12/13/2016
Trial court did not err in admitting into evidence two prior conviction orders that were probative of appellant’s fraudulent intent or in finding appellant possessed a fraudulent intent at the time he accepted the victims’ deposit check
0670161 Goldkress Corp., et al. v. Orthopaedic and Spine Center 12/13/2016
No error in Commission’s finding that contract at issue was ambiguous; Commission erred in applying subsection (b) of Attachment A-2 of contract at issue rather than subsection (a)
0681161 Orthopaedic and Spine Center v. Goldkress Corp., et al. 12/13/2016
No error in Commission’s finding that the anti-assignment provisions of Illinois law did not invalidate contract at issue or in finding appellees did not waive its rights to rely on contracts at issue
1078152 Archie Lavance Simmons v. Commonwealth of Virginia 12/13/2016
No error in trial court’s denial of appellant’s motion to dismiss on speedy trial grounds where appellant’s counsel acquiesced in the continuance of the jury trial when he failed to clearly object to the continuance, which tolled the time period for speedy trial purposes
1083163 Jennifer Yvonne Kelley v. Monticello Area Community Action Agency, et al 12/13/2016
Commission did not err in denying appellant’s claim for benefits where no de facto award existed and appellant did not prove her injury arose out of her employment
1170161 Commonwealth of Virginia v. Lamont Sentel Stallings 12/13/2016
Trial court did not err in granting appellee’s motion to suppress where it made a credibility determination rejecting officer’s testimony concerning appellee’s driving behavior and there was evidence to support that conclusion
1290153 David Louis Volpe v. Commonwealth of Virginia 12/13/2016
No error in trial court’s finding that evidence was sufficient to prove appellant knowingly possessed the cached images found on his computer
1301151 Clarence Epps, Jr. v. Commonwealth of Virginia 12/13/2016
No error in trial court’s finding that evidence was sufficient to prove appellant obstructed the officer in the performance of his official duties as a law enforcement officer
1369152 Darci A. Reilly v. Patrick L. Reilly 12/13/2016
Trial court erred in refusing to reconsider its incorporation of a “Consent Order” into the final order over appellant’s objection and request for a de novo hearing; in awarding attorney’s fees to appellee as a punitive measure; and in delegating to the guardian ad litem authority to unilaterally alter visitation
1722151 Frank Small v. Commonwealth of Virginia 12/13/2016
Evidence was sufficient to prove appellant’s words and acts intimidated the victim sufficiently to cause him to part with his money that appellant demanded; conviction of robbery affirmed
0040163 Rupert Bernard Bonhotel v. Michelle Jane Jones Watts 12/06/2016
Trial court erred in ordering parties to comply with counselor’s recommendations; any error of trial court in conducting in camera review harmless; argument regarding whether exhibit was hearsay or whether its admission was required pursuant to pretrial scheduling order waived
0319161 Chris Durene Harper v. Commonwealth of Virginia 12/06/2016
Evidence was insufficient to support one of appellant’s three abduction convictions and the corresponding conviction of use of a firearm in the commission of a felony
1144151 Antonio Mandell Morris v. Commonwealth of Virginia 12/06/2016
Trial court did not err in denying appellant’s motion to suppress or in finding that evidence was sufficient to prove appellant’s knowing possession of the heroin
1382152 Susan Colbert Medwid v. Commonwealth of Virginia 12/06/2016
Appellant’s conviction of felony hit and run affirmed where appellant failed to provide her identifying information to either law enforcement or the victim, as required by Code § 46.2-894
1815152 Marcus Keon Ruffin v. Commonwealth of Virginia 12/06/2016
No error in trial court’s finding that evidence was sufficient to prove the specific intent for felony destruction of property
2013152 Michael Forrest Kovach v. Commonwealth of Virginia 12/06/2016
Trial court erred in denying motion to strike possession of child pornography charges based on evidence from the unallocated space on the desktop and in the thumb cache on the laptop; trial court did not err in denying motion to strike possession of child pornography charge on desktop using collection zip file or distribution of child pornography charges
2019153 Angelique Teresa Shelley v. Commonwealth of Virginia 12/06/2016
No error in trial court’s finding that picnic table where drug sale took place was readily accessible to the public and “open to public use” as required by Code § 18.2-255.2(A)(2)
2053152 Shayquan Quantae Marshall v. Commonwealth of Virginia 12/06/2016
Trial court did not err in denying appellant’s motion to suppress where any deviation from the traffic stop was de minimis and falls within the good faith exception to the exclusionary rule
2074151 Carlun Fontaine Hart v. Commonwealth of Virginia 12/06/2016
Trial court erred in finding evidence sufficient to prove assault and battery where it based its finding on statements allegedly made by a witness that were never admitted at trial and which were contradicted by that witness’ actual testimony at trial
0061161 Geoffrey Odell Ridley v. Commonwealth of Virginia 11/29/2016
No error in trial court’s finding that evidence was sufficient to prove appellant stole the handgun from the victim and sold it to a felon
0481154 Dorothy Elizabeth Cilwa v. Commonwealth of Virginia 11/29/2016
Trial court erred in finding appellant violated her probation and revoking her suspended sentences where the trial court lacked jurisdiction
1802151 Lashonda Marie Mott v. Commonwealth of Virginia 11/29/2016
No error in trial court’s finding that evidence was sufficient to support appellant’s convictions of felony child neglect where appellant left her young children without adequate supervision for an extended period of time
1880151 Chelsea Nicole Coston v. Commonwealth of Virginia 11/29/2016
Conviction of petit larceny, third offense affirmed where predicate offenses must occur before date of present offense, but the conviction for the predicate offenses need not predate the current offense
1016162 Arsenio Mojares v. RK Chevrolet, Inc. and VADA Group Self-Insurance Association 11/22/2016
No error in Commission’s denial of appellant’s claim for medical benefits where appellant failed to establish the requisite causal connection between his employment and his accident
1285152 Thaddeus Anthony Ruane v. Cynthia Ann Ruane 11/22/2016
Trial court did not err in awarding spousal support and attorney’s fees and costs to appellee; trial court erred in incorporating the parties’ 2010 separation agreement into the pendente lite order and amount of award of spousal support to appellee and equitable distribution of appellant’s military retirement pension reversed and remanded to trial court
1723151 Jamir Jordan v. Commonwealth of Virginia 11/22/2016
No error in trial court’s finding that evidence was sufficient to prove appellant was guilty of aggravated malicious wounding and that appellant acted as a principal in the second degree in the aggravated malicious wounding of the victim
1775151 Dano Joseph Armstrong, Jr. v. Commonwealth of Virginia 11/22/2016
Trial court did not err in denying appellant’s motion to vacate where appellant testified at the suppression hearing and that testimony was offered into evidence at trial and the trial court was entitled to rely upon defense counsel’s representation that appellant was presenting no further evidence
0288164 Dae C. Kim v. Virginia Board of Accountancy 11/15/2016
Decision of trial court affirming appellee’s determination affirmed in part and reversed in part and remanded to trial court for remand to appellee for further proceedings
0414164 Christian A. Von Hassell v. Elizabeth Von Hassell 11/15/2016
Final decree of trial court regarding equitable distribution, spousal support, and contempt findings affirmed in part, reversed in part, and remanded to the trial court
0610154 Dale Smith, a/k/a Dale C. Smith, Jr. v. Commonwealth of Virginia 11/15/2016
Trial court erred in finding it was divested of jurisdiction to hear appellant’s motions to withdraw as counsel and to withdraw his guilty plea because appellant had filed a notice of appeal before filing the motions; remanded to trial court for a hearing on those motions
0679154 J.V., a Minor, by her Mother and Next Friend, Anette H. Veldhuyzen v. Stafford County School Board 11/15/2016
Court finds assignments of error waived for appellant’s significant failure to comply with the rules of court
1097154 Dale Smith, a/k/a Dale C. Smith, Jr. v. Commonwealth of Virginia 11/15/2016
Trial court erred in finding it was divested of jurisdiction to hear appellant’s motions to withdraw as counsel and to withdraw his guilty plea because appellant had filed a notice of appeal before filing the motions; remanded to trial court for a hearing on those motions
1215151 William Thomas Johnson, II v. Commonwealth of Virginia 11/15/2016
Trial court erred in denying appellant’s motion to suppress where the time between the K9 officer’s arrival until the time appellant confessed and was arrested was not de minimis for Fourth Amendment purposes and the continued seizure of appellant violated the Fourth Amendment
1888151 David Allen Peters v. Commonwealth of Virginia 11/15/2016
No error in trial court’s finding that appellant initiated contact with the victim in violation of the protective order and that the conduct amounted to stalking and violated the protective order
1953153 Christian Luke Riddle v. Commonwealth of Virginia 11/15/2016
No error in trial court’s finding that evidence was sufficient to prove appellant possessed with intent to distribute an imitation controlled substance
2082154 Rosangela Spradling v. Commonwealth of Virginia 11/15/2016
Trial court did not abuse its discretion in imposing a fifteen-year sentence on appellant as it did not exceed the statutory guidelines; appellant’s argument regarding constitutionality of Code § 19.2-298.01(F) is barred by Rule 5A:18
0121164 Jessica Lynn Kumar v. Sanjeev Kumar 11/08/2016
Trial court did not abuse its discretion by incorporating the parties’ property settlement agreement into the final decree with the exception of the date appellee was to begin paying child support or in finding the August 27, 2015 hearing was not a proceeding on the issue of determining child support
1444152 Arnold Raphael Eason, s/k/a Arnold R. Eason, Jr. v. Commonwealth of Virginia 11/08/2016
No reversible error in trial court’s denial of appellant’s motion to present demonstrative evidence; evidence was sufficient to find appellant was the criminal agent, had the specific intent to kill, the abduction was not intrinsic to the robbery, and abducted one of the victims with the intent to extort money or pecuniary benefit
1639153 Adrian Saunders v. Commonwealth of Virginia 11/08/2016
No error in appellant’s conviction of perjury where it had sufficient evidence to establish the materiality of appellant’s testimony and to corroborate witness’ testimony
1951153 Roy Edward Haley v. Commonwealth Virginia 11/08/2016
Trial court did not abuse its discretion in admitting blood analysis from blood sample taken from appellant by nurse, where, by reason of her status as a registered nurse, she was authorized to withdraw blood for use in a DUI prosecution
1993152 Barry Keith Ashworth v. Commonwealth of Virginia 11/08/2016
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the intent to maim, disfigure, disable or kill victim based on circumstances of attack
0048163 Timothy Raymond Carter v. Commonwealth of Virginia 11/01/2016
Trial court did not err in denying appellant’s motion for a mistrial and a new trial; no reversible error in trial court’s decision to declare a witness hostile and adverse; evidence was sufficient to support appellant’s convictions of second-degree murder and use of a firearm in the commission of a murder
0800162 Florida Velazquez v. Prince Edward County Department of Social Services 11/01/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
0831162 Commonwealth of Virginia v. Markcus Anthony White 11/01/2016
Trial court did not err in dismissing charge against appellant where Commonwealth missed the speedy trial deadline
0867151 Floyd William Logan, IV v. Commonwealth of Virginia 11/01/2016
No error in trial court’s finding that appellant premeditated his daughter’s murder and caused her fatal injuries
1449151 William Lee Whiting v. Commonwealth of Virginia 11/01/2016
No error in trial court’s finding that incidental detention doctrine does not apply in this case and evidence was sufficient to prove attempted abduction; trial court erred in revoking appellant’s suspended sentence without affording him a revocation hearing
1512151 Jonathan Mark Karika v. Commonwealth of Virginia 11/01/2016
Trial court had subject matter jurisdiction over this matter where Article 1, Section 8 of the Virginia Constitution was complied with; no reversible error in trial court’s decision to sustain Commonwealth’s objection to the admissibility of the 911 recording after finding the recording was hearsay
1618154 Anthony R. Bedell v. Christina M. Muller 11/01/2016
Decision of trial court allowing appellee and parties’ children to move to Front Royal affirmed where some issues are barred by Rule 5A:18 and trial court’s findings that appellee’s relocation was not for an improper purpose and that appellant’s relationship with children could be substantially maintained despite move
1793154 Horace Thompson Owens, Jr. v. Commonwealth of Virginia 11/01/2016
Denial of appellant’s motion to withdraw his guilty pleas reversed where appellant was denied his constitutional right to be represented by counsel at the hearing on his motion
0415164 Karen Bonsack v. Michele Gregory 10/25/2016
Trial court erred in granting appellee’s “Motion to Dismiss and for Summary Judgment” where appellant’s petitions for visitation should have been resolved on the merits during the already scheduled trial
0416164 Karen Bonsack v. Michele Gregory 10/25/2016
Trial court erred in granting appellee’s “Motion to Dismiss and for Summary Judgment” where appellant’s petitions for visitation should have been resolved on the merits during the already scheduled trial
0971151 Davianta Malik Grandy v. Commonwealth of Virginia 10/25/2016
Trial judge did not abuse her discretion in denying appellant’s motion to recuse her from his sentencing hearing or to declare a mistrial based on her alleged bias
1228151 Corey Nishawn Dagner v. Commonwealth of Virginia 10/25/2016
No error in trial court’s finding that evidence was sufficient to prove appellant was aware of the presence and character of the firearm and exercised dominion and control over it
1234151 Justin Lee Lunceford v. Commonwealth of Virginia 10/25/2016
Trial court erred in finding evidence was sufficient to prove the victim of the abduction was detained through intimidation where record does not support reasonable inference that the victim’s fear of bodily harm overrode her ability to leave
1396154 Marques Lavar Moulds v. Commonwealth of Virginia 10/25/2016
Trial court erred in refusing to admit prior inconsistent statements of victim for impeachment purposes
1432151 Andrew C. Stephens, s/k/a Andrew Charles Stephens v. Commonwealth of Virginia 10/25/2016
No error in appellant’s conviction of aggravated malicious wounding where evidence did not contain a reasonable theory of innocence, excluded all hypotheses other than abusive head trauma and that appellant was the cause of that trauma, and that appellant acted with requisite malice; appellant failed to proffer expected answers from his witness regarding biomechanics
0105161 Steven Echevarria v. City of Chesapeake 10/18/2016
No error in Commission’s denial of benefits as appellant did not prove his accident arose out of his employment where he failed to prove a defect in the stairway or a condition of his employment caused his injury
0644151 Billy Joe Maurice v. Commonwealth of Virginia 10/18/2016
No error in trial court’s finding that the abduction or detention of the victim was separate and apart from the sexual offenses
0785151 Wayne Gibson Weis, Jr. v. Commonwealth of Virginia 10/18/2016
Trial court did not abuse its discretion in refusing to strike juror for cause where it had opportunity to observe juror’s demeanor, to hear his responses, and to form an opinion as to whether juror had a fair, impartial, and open state of mind
1056151 Steven Cornelius Rogers v. Commonwealth of Virginia 10/18/2016
No reversible error by trial court in admitting sentencing information contained in orders introduced to prove prior convictions where jury was given a curative instruction, overwhelming evidence established appellant’s guilt, and procedural posture of case lessened any prejudicial effect
1567154 Liza Marie Pence v. Gregory Allen Pence 10/18/2016
Judgment of trial court regarding equitable distribution affirmed in part and reversed in part and remanded to trial court
1591154 Gregory Allen Pence v. Liza Marie Pence 10/18/2016
Judgment of trial court regarding attorney’s fees and denial of spousal support affirmed
1625151 Michael Ray Jennings v. Commonwealth of Virginia 10/18/2016
No error in trial court’s finding that evidence was sufficient to prove appellant entered the victim’s home with intent to interfere with her right to enjoy her home free from interference
1813154 Gregory Allen Pence v. Liza Marie Pence 10/18/2016
Judgment of trial court regarding child support reversed and remanded to trial court
0103163 Valerie Jill Rhudy Minor v. Timothy M. Barrett 10/11/2016
Decision of trial court to vacate juvenile court order and dismiss appellant’s motion to amend reversed and remanded to trial court for a hearing de novo; decision of trial court to allow appellant’s husband, an attorney, to represent appellant at hearing affirmed
0199164 Eddie Cisneros v. Arlington County Department of Human Services 10/11/2016
Summary affirmance – trial court did not err in dismissing appellant’s appeal for lack of jurisdiction where appellant’s motion did not comply with statutory scheme to terminate his parental rights and approve goal of adoption
0316163 Timothy Wayne Wooddell, Jr. v. Harrisonburg-Rockingham Social Services District 10/11/2016
No error in trial court’s finding that termination of appellant’s parental rights to two of his children was in their best interests
0338163 Amanda Osborne Wooddell v. Harrisonburg-Rockingham Social Services District 10/11/2016
No error in trial court’s finding that termination of appellant’s parental rights to two of her children was in their best interests
0485162 Virginia Department of Corrections v. Tammy Estep 10/11/2016
Trial court erred in concluding it had no authority to construe the meaning of the hearing officer’s decision and to make factual findings regarding whether appellant complied with the hearing officer’s decision by offering appellee “comparable” positions
0886161 Lawrence A. Kesser v. Caryn F. Kesser 10/11/2016
Appeal dismissed where appellant was the prevailing party below, not an aggrieved party pursuant to Code § 17.1-405, and lacked standing to appeal the trial court’s decision
0918162 Kara Natonia Thomas v. Hallmark Systems, Inc. and LM Insurance Corporation 10/11/2016
Summary affirmance – Commission did not err in denying appellant’s claim for permanent partial disability
1080162 The TJX Companies, Inc/Marshall's, et al v. Byron Howcott, et al 10/11/2016
Summary affirmance – no error in Commission’s finding that appellants, as appellee’s statutory employer, were responsible for appellee Howcott’s workers’ compensation benefits
1473151 Abdul Hakim Grant v. Commonwealth of Virginia 10/11/2016
Appellant’s issue raised on appeal regarding whether trial court erred by denying his motion for a mistrial waived on appeal where appellant failed to timely move for a mistrial
0339154 Kondwani Grady v. Commonwealth of Virginia 10/04/2016
Trial court did not abuse its discretion in admitting officer’s testimony about the appellant’s admission of guilt where the challenged evidence was properly authenticated and admissible under the admission of a party opponent exception to the rule against hearsay
0421164 Anastasia Chand v. Joshua Chand 10/04/2016
Summary affirmance – trial court did not err in granting appellee’s demurrers and denying appellant’s petitions to dissolve adoptions where trial court correctly held it did not have jurisdiction to dissolve the adoptions
0461162 Alan Stanley Petersen v. Tina Robertson Petersen 10/04/2016
Summary affirmance – trial court did not err in denying appellant’s motion for visitation and ordering that he have no contact with the child
0912152 Gerald Deandre Lewis v. Commonwealth of Virginia 10/04/2016
Evidence was sufficient to support appellant’s conviction for possession of marijuana with intent to distribute where appellant possessed a large amount of marijuana, the manner in which it was packaged was inconsistent with personal use, and appellant possessed a large amount of cash
1500154 Andrea Rochelle Fripp-Hayes v. Commonwealth of Virginia 10/04/2016
Evidence was sufficient to support appellant’s conviction of obstruction of justice where her behavior completely precluded officer from carrying out his investigation and established that she acted with the intent to obstruct
1733154 Robert Clark Wagner v. Diane Louise Wagner 10/04/2016
Trial court did not err in finding that appellee’s deception did not constitute an adequate ground to set aside the 1999 final divorce decree or in ordering appellee to pay $2000 of appellant’s attorney’s fees
1810152 Ulysses Blanding, Jr. v. Commonwealth of Virginia 10/04/2016
No reversible error in trial court’s refusal to admit testimony from appellant’s psychiatrist where any memory lapse about the incident did not tend to prove appellant did not commit the murder and there was extensive direct and circumstantial evidence linking appellant to the murder
0262164 Paula Harris and James Harris v. Clarke County Department of Social Services 09/27/2016
Summary affirmance – trial court did not err in dismissing appellants’ petition for custody of their great-grandson where it found it was not in child’s best interest to be placed with appellants and appellants were not a suitable placement for child
1250154 Gary Stephen Hankins v. Commonwealth of Virginia 09/27/2016
Any error by trial court in admitting officer’s testimony about his interview with the victim was harmless where that testimony was largely cumulative and there was other considerable evidence of appellant’s guilt; trial court did not abuse its discretion in admitting text messages from the victim to appellant
1797153 Andrew Lewis Watkins, Jr. v. Commonwealth of Virginia 09/27/2016
No error in trial court’s finding that evidence was sufficient to prove appellant committed an unlawful act when he struck the victim in the face with significant force causing the victim to fall and hit his head and ultimately caused the victim’s death
1945154 Sabel M. Wheeler v. Andre L. Lincoln 09/27/2016
Trial court did not err in awarding primary physical custody of the parties’ child to appellee after properly taking into account all the factors set forth in Code § 20-124-3
0439161 Ivy Edwina Mooney v. Newport News Department of Human Services 09/20/2016
Summary affirmance – no error in trial court’s finding that clear and convincing evidence proved termination of appellant’s parental rights to her child was in child’s best interest
0998154 Lorenzo Atha Holley v. Commonwealth of Virginia 09/20/2016
Appellant’s sentence affirmed where implementation of sentencing guidelines is appropriately left to discretion of trial court and Court cannot afford relief for consideration of a fact that was part of the uncontested proffered evidence offered at guilty plea hearing
2010154 Richard Yergovich v. Commonwealth of Virginia 09/20/2016
No error in trial court’s finding that evidence was sufficient to prove malice where appellant intentionally started the fire in his bedroom in his parents’ basement resulting in injury to his father, damage to the home, and destruction of property of others
0082163 Raymond Joseph Shuler v. Jeannie Marie Stedham Shuler 09/13/2016
Summary affirmance – trial court did not err in valuing appellant’s business based on appellee’s evidence where it was the only evidence of value presented to the trial court
0413162 Ellett Richard McGeorge, III and Rhetta Moore Daniel v. Carolyn Tye McGeorge 09/13/2016
Judgment of trial court finding McGeorge in contempt of court for failing to pay child support and uninsured medical expenses summarily affirmed; appeal of sanctions and award of attorney’s fees to appellee imposed on Daniel dismissed for failure to comply with Rule 5A:20
0533161 Commonwealth of Virginia v. Stephen Lamar Garrick 09/13/2016
Trial court erred in suppressing evidence obtained from search of vehicle where totality of circumstances provided sufficient probable cause to support search; search of appellee’s person was justified by his arrest based on active warrant
1031144 Brent David Taylor v. Commonwealth of Virginia 09/13/2016
Trial court did not err in refusing to suppress appellant’s statements made prior to custodial interrogation or in denying appellant a rape shield hearing; trial court erred in refusing to suppress statements and written apology appellant made after he was subject to a custodial interrogation
0488161 Jeronda Wilson v. City of Hampton Department of Social Services 09/06/2016
Summary affirmance – trial court did not err in approving foster care plans with goals of adoption
0531154 Joseph William Melice v. Commonwealth of Virginia 08/30/2016
No reversible error in appellant’s convictions of possession of oxycodone and possession of methadone where admission of officer’s limited testimony regarding content of text messages had no substantial influence on finder of fact
1305154 Tobias Ogbanna Reed v. Commonwealth of Virginia 08/30/2016
Trial court did not err in issuing a subpoena duces tecum for phone records or in denying appellant’s motion to suppress and motion to quash
0266163 Melinda Marie Biby, s/k/a Malinda Marie Biby v. Shenandoah Valley Department of Social Services 08/23/2016
Appellant’s argument regarding whether trial court erred in not speaking with her child over the age of fourteen waived; trial court did not err in denying appellant’s request for a court reporter where the record is sufficiently complete
0267163 Melinda Marie Biby, s/k/a Malinda Marie Biby v. Shenandoah Valley Department of Social Services 08/23/2016
Trial court did not err in terminating appellant’s parental rights to her child where appellant’s substance abuse problems presented a serious threat to her child; trial court did not err in denying appellant’s request for a court reporter where the record is sufficiently complete
0376162 Commonwealth of Virginia v. Stephen Allen Donald and Deoclecio Ronan Sampaio 08/23/2016
Trial court did not make an error of law in finding that the officers did not have reasonable suspicion to stop appellees for a suspected jaywalking violation
0455154 J.K.N. v. Commonwealth of Virginia 08/23/2016
No error in trial court’s finding that conditions of probation contained in juvenile court’s January 10, 2013 order were still in effect at time appellant left and remained away from her mother’s home in violation of those probation conditions
1526152 Javonna Camp v. Fredericksburg Department of Social Services 08/23/2016
Summary affirmance – no error in trial court’s holding that appellant was sufficiently put on notice of the consequences of the termination proceedings
0323161 Randy D. Johnson v. Cindy Lolita Johnson 08/16/2016
Summary affirmance - trial court did not err in declining to impute income to appellee for spousal support and child support purposes
0522161 Basil Gaissert v. Jennifer Joanne Estrem Gaissert 08/16/2016
Summary affirmance - trial court did not err in awarding child support of the parties' adult son to appellee, awarding appellee a divorce on her complaint, and permitting appellee to pursue equitable distribution
0621164 Prince William County Schools and VML Insurance Programs v. Laura M. Adney 08/16/2016
Summary affirmance – no error in Commission’s finding that appellee sustained a compensable injury by accident to her head
0992152 Barry Nelson Thomas, Jr. v. Commonwealth of Virginia 08/16/2016
Judgment of trial court granting Commonwealth’s motion in limine regarding excluding evidence concerning appellant’s use of suffix “El” affirmed
0608164 The Fresh Market and XL Insurance America, Inc. v. Hany M. Mankaruos 08/09/2016
Summary affirmance – no error in Commission’s award of medical benefits and two closed periods of temporary total disability benefits
0620164 City of Danville v. Larry Bobby Gene Barton 08/09/2016
Summary affirmance – no error in Commission’s finding that appellee’s benefits should not be terminated
0696164 Republic Services of Virgina, LLC et al. v. George P. Opoku 08/09/2016
Summary affirmance – no error in Commission’s finding that appellee sustained a compensable injury by accident and that his claim was not barred by willful misconduct
0602152 Demetrius Arnez Holmes v. Commonwealth of Virginia 08/02/2016
Trial court did not err in refusing to strike potential juror for cause where record supports trial court’s finding that juror would follow trial court’s instructions based on her responses to trial court’s and attorneys’ questions
1178154 Adrienne Pederson v. Shawn D. Pederson 08/02/2016
No error in trial court’s equitable distribution award where it was based on evidence in record and trial court appropriately considered statutory factors
1649151 Miller Oil Company and Old Republic Insurance Co. v. Catherine Freeman 08/02/2016
No error in Commission’s decision allowing appellee to change her treating physician where it determined that appellee suffered a work-related injury and that treatment of that injury necessitated a change in medical provider
2093154 Adrienne Pederson v. Shawn D. Pederson 08/02/2016
Trial court’s entry of QDROs proposed by appellee affirmed
0321162 Joseph Johnson v. Bearing Contracting t/a Bearing Masonry, et al. 07/26/2016
Summary affirmance – appellant’s failure to comply with Rules 5A:4 and 5A:20 is significant and Court will not consider his arguments
0506161 Louisiana Chemical Dismantling Company and Great Divide Insurance Company v. Charles Russell, III 07/26/2016
Summary affirmance – no error in Commission’s finding that appellee was entitled to temporary total disability benefits from April 10, 2015 and continuing
1510152 Justin B. Friedrichs v. Erica L. Brown 07/26/2016
Trial court did not err in finding that appellant did not prove a material change in circumstances since the most recent custody and visitation order and that appellee was entitled to attorney’s fees and costs where appellant was responsible for prolonging the litigation
1531152 Ciara Lashele Watkins v. Commonwealth of Virginia 07/26/2016
No error in trial court’s finding that the worthless check appellant wrote was issued to satisfy her obligation under the newly formed contract, not to pay an existing debt
1623153 Dustin Crosby Kincaid v. Commonwealth of Virginia 07/26/2016
Evidence was insufficient to prove a contemporaneous intent to distribute methamphetamine where appellant possessed only methamphetamine residue from a glass pipe
1780152 Kathleen Ann McKenna v. George F. Harple 07/26/2016
Summary affirmance – trial court did not err in imputing income to appellant, in refusing to award part of appellee’s retirement funds to appellant, and in awarding attorney’s fees to appellee
0124163 Georgianna Lynn Ayers v. Lynchburg Department of Social Services 07/19/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental right to her child was in child’s best interests where appellant could not recognize and meet her child’s needs
0143164 Sears and Ace American Insurance Company v. Patricia Baltian 07/19/2016
Summary affirmance – no error in Commission’s findings that appellee suffered a left knee injury in a compensable work accident and that the ongoing disability was causally related to the accident
0706154 Robert Leroy Moore, IV v. Commonwealth of Virginia 07/19/2016
Trial court did not err at sentencing in listening to and considering the contents of a jailhouse recording between appellant and his girlfriend
0782152 Tiffany Byrd v. Petersburg Department of Social Services 07/19/2016
Appeal dismissed where orders appeal from were adjudicatory in nature and not final orders for purposes of appeal as they were not entered pursuant to Code § 16.1-278.2
0816153 Angela M. Gregory v. Pamela S. Martin 07/19/2016
Trial court erred by not allowing appellant to present evidence regarding her relationship with the child and in concluding child never had a relationship with appellant
1470154 Calvin E. Williams, Sr. v. Jacqueline Jacobs Williams 07/19/2016
Summary affirmance – judgment of trial court affirmed where appellant failed to provide an adequate appendix to enable Court to address his assignments of error
1732152 Kathy Fitzgerald Harwood v. Buckingham County Department of Social Services 07/19/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her child was in child’s best interest
1942153 Francene K. Meade (Sowards) v. Lenville Jessie Sowards 07/19/2016
Trial court erred in its decision concerning the valuation of appellant’s interest in appellee’s retirement benefits where it impermissibly modified the method by which appellant’s interest should have been calculated
0499162 New Bell Truck Lines, Inc. and Great West Casualty Company v. Danny Jenkins 07/12/2016
Summary affirmance - no error in Commission's finding that appellee was an employee and that appellee sustained a compensable injury by accident that arose out of his employment
0848152 Bradford Lynorris Gaskins v. Commonwealth of Virginia 07/12/2016
Judgment of trial court affirmed as appellant waived his speedy trial claim an appeal due to the lack of an indispensable transcript
1039152 David Gene Thorsted v. Commonwealth of Virginia 07/12/2016
Trial court did not err in denying motion to dismiss as appellant's right to a speedy trial was not violated
1445152 Brando Clifton Carter, s/k/a Brando Scott Carter v. Commonwealth of Virginia 07/12/2016
Trial court erred in finding evidence sufficient to prove appellant agreed to distribute cocaine with any other individual
0083162 Daniel Arceo v. Department of Social Services 07/05/2016
Summary affirmance – in grievance appeal, no basis exists to conclude the hearing officer’s decision was contrary to law.
1043152 Robert John Dodd v. Commonwealth of Virginia 07/05/2016
Motion for a mistrial was not timely made and was therefore waived; trial court did not abuse its discretion in denying motion for mistrial.
1344154 Elizabeth M. Molchany, Guardian ad litem for J.S.D., a minor v. Candice Draughn 06/28/2016
Trial court did not abuse its discretion in awarding primary physical custody of child to appellee or in finding appellee purged her contempt; this Court does not have jurisdiction over trial court’s refusal to find a litigant in contempt
0350164 Republic Services of Virginia, LLC and Indemnity Ins. Co. of N. America v. John Morton 06/21/2016
Summary affirmance – no error in Commission’s finding that appellee’s claim for benefits was not barred by willful misconduct
0007163 Keith Wayne Mabe v. Anita Karen Mabe 06/14/2016
Summary affirmance – trial court did not err in granting appellee divorce where appellant left the marriage with the intent to separate permanently, in refusing to issue appellant a credit for payments on the parties’ vehicle, or in refusing to give appellant a credit for a mortgage payment
1906151 Marlene M. Brown v. Phitroy Gordon 06/14/2016
Summary affirmance – order of trial court awarding custody of parties’ child to appellee affirmed where arguments raised on appeal were not presented to trial court
0001164 Fairfax County School Board v. Michael S. Hall 06/07/2016
Summary affirmance – no error in Commission’s finding that appellee proved a compensable injury by accident and a causal connection between his disability and his injury
0881151 Joshua Charles Moseley v. Commonwealth of Virginia 06/07/2016
Trial court erred in finding evidence sufficient to support appellant’s convictions of statutory burglary and grand larceny where evidence was insufficient to permit application of larceny and burglary inferences of criminal agency to presence of stolen items in vehicle and circumstantial evidence did not link appellant to the offenses beyond a reasonable doubt
1900153 Ronald Redman, Jr. v. Roanoke City Department of Social Services 06/07/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant failed to make substantial progress towards elimination of the conditions leading to child’s placement in foster care and termination was in child’s best interest
0625154 Shelia Renea O'Reilly v. Timothy Patrick O'Reilly 05/31/2016
Summary affirmance – no error in trial court’s order regarding child support and unreimbursed medical expenses of the children
1943152 Sharnice Cromartie v. Hopewell Department of Social Services 05/31/2016
No error in trial court’s finding that there were no suitable relatives for placement of appellant’s children and that termination of appellant’s parental rights to her children was in their best interests
2066153 William Thomas, III v. Elizabeth Faye Owens Thomas 05/31/2016
Summary affirmance – trial court did not err in its interpretation of the premarital agreement to the division of the parties’ property
2261143 Cordell Lionel Carter v. Commonwealth of Virginia 05/31/2016
Trial court did not abuse its discretion in limiting testimony regarding victim’s prior acts of violence and did not err in denying motion to set aside verdict where witness’ testimony was not material to the ultimate finding of guilt by the jury; argument regarding admission of evidence of victim’s threat to kill appellant barred by Rule 5A:18
0039163 Osteopathic Physicians of Charlottesville, Ltd., etc. vs. Fluvanna Correctional Center, et al. 05/24/2016
Summary affirmance – no error in Commission’s determination of prevailing community rate for medical services provided by appellant
0140163 Felicia Elizabeth Feaster v. Harrisonburg Rockingham Social Services District 05/24/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child after finding appellant was unwilling or unable to remedy, within a 12-month period, conditions that resulted in child’s placement in foster care
0717152 Osmand G. Harris, Jr. v. Commonwealth of Virginia 05/24/2016
Trial court did not err in denying appellant’s motion to suppress statements made after he was advised of his Miranda rights and physical evidence obtained from his scooter or in finding evidence was sufficient to support convictions
1796153 Sheldon Lee Mongold v. Harrisonburg Rockingham Social Services District 05/24/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child after finding appellant was unwilling or unable to remedy, within a 12-month period, conditions that resulted in child’s placement in foster care
1883154 Commonwealth of Virginia v. Ventura Linares Caballero 05/24/2016
Order of trial court suppressing statements made by appellee to officers affirmed where Commonwealth failed to timely file transcript of October 23, 2015 motions hearing and that transcript is indispensable for resolution of issues raised on appeal
0472151 Christopher J. Bloodworth v. Commonwealth of Virginia 05/17/2016
No error in trial court’s finding that appellant was in the house damaging property and had taken and carried away valuable materials therein with the intent to permanently deprive the owners thereof
0972151 Maurice Dontrell Boykins v. Commonwealth of Virginia 05/17/2016
Trial court did not err in denying appellant’s motion to suppress where discovery of heroin occurred during a search incident to an unchallenged arrest for obstruction of justice
1042151 Gregory Lewis, s/k/a Gregory David Lewis v. Lisa Lewis 05/17/2016
No error in trial court’s finding that parties’ agreement contained a drafting error resulting from a mutual mistake and regarding reformation of the agreement; trial court erred in awarding attorney’s fees to appellee
1746152 Carrie E. Allen v. Henrico Department of Social Services 05/17/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest where appellant had not substantially remedied conditions leading to child’s being in and remaining in foster care
1867154 Richard Gitter v. Carrie Gitter 05/17/2016
Summary affirmance – no error in trial court’s award of expert witness fees and attorney’s fees to appellee
1932151 Omar Stephens, a/k/a Joe Black Stephens v. Yulia Chrismon 05/17/2016
Summary affirmance – trial court did not err in finding appellant had notice of the hearing dates and in dismissing his appeal for his failure to comply with appellee’s discovery requests and his failure to sign the medical release form requested by the guardian ad litem
2267141 Kenneth R. Merchant v. Commonwealth of Virginia 05/17/2016
Trial court did not abuse its discretion in admitting evidence of unadjudicated criminal activity during sentencing phase of the proceeding where it bore sufficient indicia of reliability
2268141 Brionne Alexander Covil v. Commonwealth of Virginia 05/17/2016
Trial court did not abuse its discretion in admitting two prior conviction orders where the orders unquestionably provide at least some proof of the prior convictions
0024162 Lisa Meria May Gust v. Alexander Mark Gust 05/10/2016
Summary affirmance – trial court did not err in denying appellant’s motion for continuance or in finding prenuptial agreement was valid and enforceable; final decree of divorce affirmed
0099162 The Estate of Floyd Ramsey Sims v. Pike Electric Inc. and Liberty Insurance Corporation 05/10/2016
Summary affirmance – no error in Commission’s denial of benefits where the injuries by accident did not occur in the course of employment
0100162 Phillip Dwayne Stiltner v. Pike Electric Inc. and Liberty Insurance Corporation 05/10/2016
Summary affirmance – no error in Commission’s denial of benefits where appellant’s injuries by accident did not occur in the course of his employment
0225162 VCU Health Systems/Commonwealth of Virginia v. Karen George 05/10/2016
Summary affirmance – Commission did not err in finding appellant was not entitled to an evidentiary hearing, finding doctor was not the authorized treating physician for appellee, or in ordering appellant to provide appellee with a panel of pain management physicians
0753151 Paul David Dayquan Lynch, Jr., a/k/a Paul David Lynch, Jr. v. Commonwealth of Virginia 05/10/2016
No error in trial court’s finding that evidence sufficiently established appellant’s possession of a firearm after having been previously convicted of a violent felony
0901152 Lisa Meria May Gust v. Alexander Mark Gust 05/10/2016
Summary affirmance – trial court did not err in denying appellant’s motion for continuance or in finding prenuptial agreement was valid and enforceable; final decree of divorce affirmed
1164153 Steven Eugene Mascho, Jr. v. Commonwealth of Virginia 05/10/2016
No error in trial court’s finding that evidence was sufficient to prove appellant guilty of grand larceny where trial court could have reasonably disbelieved appellant’s and his father’s testimony and found that appellant absconded with the victim’s property
1550143 Karen Elaine Bryant v. Commonwealth of Virginia 05/10/2016
Trial court did not abuse its discretion in admitting evidence of appellant’s prior reports of sexual assault or err in finding evidence was sufficient to prove intended to mislead when she made the false report to a police officer
0215153 Joshua Marcel Davis v. Commonwealth of Virginia 05/03/2016
Judgment of trial court affirmed where appellant never raised issue of delayed entry of order at pre-trial suppression hearing and Code § 19.2-254 precludes review unless issue is jurisdictional, trial court properly had jurisdiction, review of issue barred by Rule 5A:18, and as timing of order was procedural ends of justice exception does not apply
0760151 Christopher Ray Ballard v. Commonwealth of Virginia 05/03/2016
Trial court erred in admitting hearsay testimony regarding unauthorized credit card activity from one of the victims-conviction of credit card fraud reversed and remanded to trial court; convictions of credit card theft affirmed
0786153 Philip Allen Chambers v. Commonwealth of Virginia 05/03/2016
Trial court did not err in resolving conflicting testimony in Commonwealth’s favor when it credited testimony of officers over that of appellant and found shooting in appellant’s residence was intentional
0800152 Joel Malik Hicklin v. Commonwealth of Virginia 05/03/2016
Trial court did not err in denying appellant’s motion to set aside verdict where no Brady violation occurred as victim’s pending charges in another jurisdiction were not favorable to appellant for impeachment purposes or in finding evidence sufficient to prove appellant possessed a firearm
0861151 Kimberlee Dietz v. Commonwealth of Virginia 05/03/2016
No error in trial court’s finding that evidence was sufficient to prove appellant used an electronic communications system to procure or promote illegal activity with a minor and that appellant acted with lascivious intent
1588152 Jamilla Burney-Divens v. Community Corrections Administration/Commonwealth of Virginia 05/03/2016
No error in Commission’s findings that appellant failed to establish her injury arose out of her employment, that she did not prove an idiopathic condition, and that she failed to demonstrate her accident was caused by an actual risk of her employment
1926152 Jody Chyenne Lambert v. Appomattox County Department of Social Services 05/03/2016
Summary affirmance – trial court did not err in finding termination of appellant’s parental rights to her child was in child’s best interests
1983144 William Joseph Hughes v. Commonwealth of Virginia 05/03/2016
No reversible error in trial court’s decision to admit testimony from detective regarding motorcycle clubs and their culture where given cumulative nature of the testimony, circumstances limiting its prejudicial effect, and strength of Commonwealth’s case, its admission did not affect jury’s verdict
0111164 Purcellville Motors, Inc. and Erie Insurance Exchange v. Jack Anthony Farr 04/26/2016
Summary affirmance – no error in Commission’s award of permanent partial disability benefits to appellee
0632152 Cowarren Nathaniel Wiggins v. Commonwealth of Virginia 04/26/2016
No error in trial court’s finding that appellant possessed the marijuana with the intent to distribute it; trial court erred in finding evidence was sufficient to support felony child neglect conviction where evidence did not prove a reckless disregard for child’s life
1582152 Robert Williams v. Prince George Department of Social Services 04/26/2016
Trial court did not err in approving goal of adoption for appellant’s child where appellant had not substantially remedied situation that led to child remaining in foster care
1676153 The Uninsured Employer's Fund v. Charlie Jeffreys 04/26/2016
No error in Commission’s finding that Annie Mosby was not appellee’s employer; Commission erred in finding that appellant waived its argument regarding whether Historical Society/Church was not appellee’s employer
1752152 Robert Williams v. Prince George Department of Social Services 04/26/2016
Trial court did not err in terminating appellant’s parental rights to his child where evidence proved termination was in child’s best interest
1920152 Mark Stadler v. Thyssenkrupp Elevator Corporation and Indemnity Insurance Company of N. America 04/26/2016
No error in Commission’s finding that appellant failed to establish that his right shoulder injury was causally related to his falls
0406152 Anthony E. Buisset, s/k/a Anthony Earl Buisset v. Commonwealth of Virginia 04/19/2016
No error in trial court’s finding that evidence was sufficient to prove value of stolen trailer tongues was $200 or more
0857151 Tanita Everett, s/k/a Tanita Monique Everett v. Commonwealth of Virginia 04/19/2016
Trial court did not abuse its discretion in allowing Commonwealth to impeach its witness with her prior inconsistent statements
1410152 Curtis Dwayne Brockington v. Commonwealth of Virginia 04/19/2016
No error in trial court’s finding that appellant knowingly failed to reregister as a sex offender
1711143 Johnnie Alphonzo Garland v. Commonwealth of Virginia 04/19/2016
Appellant’s argument that jury was not instructed on simple possession and could not convict him of that offense barred by Rule 5A:18 and ends of justice exception does not apply where jury did receive instruction on essential elements of possession of cocaine
0269151 Cary Daniel Parsons v. Commonwealth of Virginia 04/12/2016
No error in trial court’s finding that evidence was sufficient to prove appellant had been convicted of two prior DUI offenses in the preceding ten years
0597153 Robert Lynn McDaniel v. Ginny White Griffith 04/12/2016
Trial court erred in finding appellant was in breach of contract by hiring a contractor to perform construction on home without appellee’s input where such input or approval was not contemplated by the parties to the contract
1518151 Morrison Comprehensive Learning Center, LLC v. Virginia Department of Medical Assistance Services 04/12/2016
Trial court did not err in upholding appellee’s determination that appellant was overpaid for services provided to Medicaid patients and that appellee was entitled to repayment for appellant’s failure to adequately document services
1673153 Susan E. Quillen v. Commonwealth of Virginia, et al. 04/12/2016
Summary affirmance – appellant’s arguments raised on appeal waived where appellant failed to comply with Rule 5A:25 and filed an inadequate appendix that failed to include several significant documents necessary for addressing her assignments of error
1930152 Deljuan Curry v. Hopewell Department of Social Services 04/12/2016
Trial court did not err in finding termination of appellant’s parental rights to his children was in their best interest after finding one of the children was subjected to aggravated circumstances under Code § 16.-283(E)(iv)
2305142 Keith Jerome Anderson v. Commonwealth of Virginia 04/12/2016
Revocation of appellant’s suspended sentence affirmed where appellant waived his hearsay objection by admitting hearsay of same character himself, behavior which may not support a conviction may suffice to justify revocation, and trial court’s decision to revoke suspended sentence not plainly wrong or without evidence to support it
0878154 Miguel Angel Cabanez v. Prince William County Department of Social Services 04/05/2016
Summary affirmance – trial court did not err in consolidating appellant’s case with the case for the children’s mother or in finding evidence was sufficient to terminate appellant’s parental rights to his children
0950151 Vincent Edward Gonzales v. Commonwealth of Virginia 04/05/2016
Trial court erred in denying motion to suppress items seized under authority of search warrant obtained after an unlawful protective sweep revealed a firearm and suspected cocaine
1268152 Virginia Employment Commission v. Brenda R. Cole 04/05/2016
No error in trial court’s finding that appellant’s delayed determination of appellee’s ineligibility for benefits violated the statutory requirement that appellant act promptly and that the failure to act promptly results in appellant’s order that appellee repay her unemployment benefits is void and unenforceable
1452154 Karen Stanton v. Alexandria Department of Community and Human Services 04/05/2016
Summary affirmance – no error in trial court’s finding that appellant termination of appellant’s parental rights to her children was in their best interest where appellant was unable to substantially remedy situation which would have enabled return of children to her
1845151 Wilbert Francisco Laveist v. Rita M. Laveist 04/05/2016
Summary affirmance – final decree of divorce entered by trial court awarding divorce to appellee affirmed
1870151 Federal Express Corporation v. Lashawn Rodgers 04/05/2016
Summary affirmance – Commission did not err in affirming decision of deputy commissioner reinstating temporary total disability benefits and awarding appellee a prescribed hot tub
1908154 United Parcel Service, Inc. and Liberty Insurance Corporation v. Anita Hall 04/05/2016
Summary affirmance – no error in Commission’s finding that the current treatment for the appellee’s left shoulder was casually related to the compensable work accident
1996154 Edwin Reyes v. Bollinger Construction, Inc. and Zurich American Insurance Company 04/05/2016
Summary affirmance – no error in Commission’s finding that appellant was not an employee of a subcontractor of Bollinger Construction
0510153 Brian Hale, s/k/a Charles Brian Hale v. Russell County Department of Social Services 03/29/2016
Summary affirmance – trial court did not err in finding evidence was sufficient to support finding that termination of appellant’s parental rights to his child was in child’s best interest
0526153 Jessica Fields, s/k/a Jessica Faith Fields v. Russell County Department of Social Services 03/29/2016
Summary affirmance – no error in trial court’s finding that evidence was sufficient to prove termination of appellant’s parental rights to her child was in child’s best interest
0566151 Bryon Ward Possich v. Commonwealth of Virginia 03/29/2016
No error in appellant’s convictions of two counts of taking indecent liberties with a child where the jury found the testimony of the witnesses was reasonable and not plainly wrong and that testimony supported the convictions
0781152 Wayne Scott Cahoon v. Commonwealth of Virginia 03/29/2016
No error in trial court’s findings that based on the expert testimony and circumstantial evidence appellant possessed morphine with the intent to distribute it and conspired with his brother to distribute controlled substances
1507151 Lonnie Hodges v. Virginia International Terminals and Continental Casualty Co. 03/29/2016
Summary affirmance – appellant’s failure to comply with Rules of Court is significant and Court cannot consider appellant’s appeal
1624152 Alberto Gomez v. Garcia Construction Company, Inc. and American States Insurance Company 03/29/2016
No error in Commission’s determination that appellant failed to file a proper claim for permanent disability benefits prior to the expiration of the statute of limitations where appellant’s letters did not constitute a claim
1903141 Kevin Leon Smith v. Commonwealth of Virginia 03/29/2016
Trial court did not err in finding that appellant’s waiver of counsel was knowing and voluntary and in allowing him to represent himself at trial
1933141 Harold Donnell Livingston v. Commonwealth of Virginia 03/29/2016
Trial court did not err in denying appellant’s motions to strike where evidence was sufficient to prove an agreement between appellant and another to sell drugs
2042142 Rashad A. Hartridge, Sr. v. Commonwealth of Virginia 03/29/2016
No error in trial court’s evaluation of prosecutor’s credibility regarding peremptory strikes of two black members of the venire
0281152 Victoria Elizabeth Dufresne v. Commonwealth of Virginia 03/22/2016
Petition for Rehearing En Banc granted
0459152 Tammer Chisholm v. Pariser Dermatology Specialists, Ltd. and Hartford Insurance Co. of Midwest 03/22/2016
Summary affirmance – decision of Commission affirmed where appellant failed to include necessary documents in appendix and Court is unable to ascertain whether appellant raised issues presented in assignments of error below
0598153 Jack Stayner v. Harrisonburg Rockingham Social Services District 03/22/2016
Judgment of trial court dismissing appellant’s petitions for custody of his two grandsons affirmed
0843152 Bryant Terrell Martin v. Commonwealth of Virginia 03/22/2016
Any error by trial court in denying appellant opportunity to cross-examine a witness regarding her pending felony charges and in refusing to redact sentencing information from the order used to establish appellant’s prior felony conviction harmless; conviction of possession of a firearm by a violent felon affirmed
0981154 Matthew T. Bailey v. Maureen M. Bailey 03/22/2016
Trial court erred in finding the reduction in appellant’s income did not constitute a material change in circumstances not reasonably contemplated by the parties when they negotiated their settlement agreement
1021152 Christopher T. Takacs v. Heather L. Takacs 03/22/2016
Trial court abused its discretion in approving relocation of the appellee and children to another state without determining whether relocation will substantially impair the relationship between appellant and the children and in awarding attorney’s fees to appellee where it was not reasonable under the circumstances of this case
1220154 Nina Marie Jirinec v. Vladimir Jirinec 03/22/2016
Trial court erred in classifying and valuing Walter Reed Drive property, in distributing sales proceeds from Rio Drive property, and excluding appellee’s income from buying and selling real estate for child support purposes; trial court did not err in awarding limited attorney’s fees to appellant
1739151 Commonwealth of Virginia v. Robert Malick, s/k/a Robert William Malick 03/22/2016
Trial court did not err in granting motion to suppress certain statements made by appellee where they were elicited in a manner that violated appellee’s Fifth Amendment rights and exclusion of those statements was the proper remedy
1832152 Commonwealth of Virginia v. Sharonda Monique Gaiters 03/22/2016
Trial court erred in granting motion to suppress evidence found by officers where officer had reasonable suspicion based on the concerned citizen’s tip and his confirmation of the substance of the tip that appellee was possibly dealing narcotics and it was permissible to detain appellee while officer investigated to confirm or dispel his suspicion
1879143 Scott Christman Miles, etc. v. Commonwealth of Virginia 03/22/2016
Trial court did not err in allowing expert’s testimony where that testimony provided the jury with a specialized perspective of the crime scene and the victim not a suggestion of the profile of the perpetrator
1918154 Roto-Rooter Services Company and Zurich American Insurance Company v. Eugenio Abraham Murga, Sr. 03/22/2016
Summary affirmance – no error in Commission’s finding that evidence was sufficient to prove injuries appellee sustained on July 6, 2014 were casually related to an injury by accident arising out of his employment on May 21, 2008
1169154 United Airlines, Inc. v. Bryan Andrew Taylor 03/15/2016
Commission erred in finding evidence proved appellee’s injury arose out of his employment
1226153 Debra La'Shaun Blocker v. Lynchburg Department of Social Services 03/15/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to two of her children even though appellee did not offer appellant inpatient treatment
1293154 Huy K. Le v. Mai T. Ngo 03/15/2016
Summary affirmance – no error in trial court’s order awarding appellee child support and establishing arrears
1464152 Michael Bellflower v. Hopewell Department of Social Services 03/15/2016
Trial court did not err in terminating appellant’s parental rights to two of his children and approving foster care plans with goal of adoption where appellant was still not able to provide adequate shelter and food for the children
1603151 Commonwealth of Virginia v. Jevon Glenn Augustus, Sr. 03/11/2016
Trial court did not err in finding that police lacked a reasonable suspicion that the defendant was involved in a drug transaction; ruling on motion to suppress affirmed
0392154 Tara Lynne Martini v. Commonwealth of Virginia 03/08/2016
Trial court did not err in denying appellant’s request for a court reporter where audio recordings of the hearings together with the statement of facts served the same function as a transcript, in denying appellant’s motions to suppress; evidence was sufficient to support appellant’s conviction of DWI, second offense within ten years
0500152 Charles Lamaar Sharp v. Commonwealth of Virginia 03/08/2016
Trial court erred in finding Commonwealth proved appellant’s identity theft charge occurred in the City of Richmond
0591154 Tamim M. Ibrahimi v. Michele R. Ibrahimi 03/01/2016
Trial court did not err in awarding attorney’s fees to appellee
0711152 Selena Angela Gudino v. Dennis Eli Gudino 03/01/2016
Summary affirmance – order regarding custody and visitation of parties’ minor children affirmed
0766153 Franklin Whitfield Jackson v. Commonwealth of Virginia 03/01/2016
No error in trial court’s finding that evidence presented established that appellant made an offending statement to the victim either directly or while speaking to her brother within her earshot and that appellant invited victim to enter his vehicle for purpose of engaging in sexual activity; conviction of taking indecent liberties with a child affirmed
1461153 Tara Shantell Robertson v. Roanoke County Department of Social Services 03/01/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1834144 Stephen Michael Blanton v. Commonwealth of Virginia 03/01/2016
Trial court did not err in denying appellant’s motion to suppress evidence recovered from a traffic stop where appellant’s waiver of his Fourth Amendment rights in a previous plea agreement was valid as it applies to appellant’s seizure in this case
2003144 Tony Garcia, a/k/a Eddy Alvarez, s/k/a Eddy S. Alvarez v. Commonwealth of Virginia 03/01/2016
No error in trial court’s decision to admit bond recognizance form as it was relevant and admissible; evidence was sufficient to support jury’s conclusion that appellant willfully failed to appear
0473153 James Lelin Salmons v. Commonwealth of Virginia 02/23/2016
Trial court erred in concluding two counts of aggravated sexual battery were part of a common scheme and in joining the cases for trial; convictions reversed and remanded to trial court for new trials
0921141 Anthony Lamont Purvis v. Commonwealth of Virginia 02/23/2016
Trial court did not err in denying appellant’s motion to suppress where search of appellant’s person was justified as a search incident to arrest and the search of appellant’s vehicle was consensual
1036154 Dominic L. Layao v. LLI Enterprises, Inc. and Travelers Indemnity Company 02/23/2016
Summary affirmance – appellant’s failure to comply with Rule 5A:20 is significant and Court will not consider issues raised on appeal
1372144 Hugo Quisque v. Commonwealth of Virginia 02/23/2016
No error in jury’s conclusion that the victim was asleep and physically helpless at the time of the unwanted sexual contact; conviction of rape affirmed
1387154 Dominic L. Layao v. LLI Enterprises, Inc. and Travelers Indemnity Company 02/23/2016
Summary affirmance – appellant’s failure to comply with Rule 5A:20 is significant and Court will not consider issues raised on appeal
1467153 Faith R. Allen v. Department of Human Resource Management, et al. 02/23/2016
Summary affirmance – no error in trial court’s decision dismissing appellant’s petition for judicial review
1508152 Elizabeth A. Foster v. Randy A. Foster 02/23/2016
Summary affirmance – trial court did not err in awarding physical custody of the parties’ children to appellee
1548153 Larry Darnell Borden, s/k/a, etc. v. Roanoke County Department of Social Services 02/23/2016
No error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interest
0113143 Rosendo E. Juarez v. Commonwealth of Virginia 02/16/2016
Appellant’s conviction of rape affirmed where appellant waived his claims that trial court erred by refusing to conduct an in camera review of items in possession of Commonwealth and that trial court erred in quashing a subpoena duces tecum
0703152 Sara Logan Howe v. Albemarle County Department of Social Services 02/16/2016
Trial court did not err in approving the foster care plan with the goal of adoption for appellant’s child
0704152 Sara Logan Howe v. Albemarle County Department of Social Services 02/16/2016
Trial court did not err in terminating appellant’s parental rights to her child where appellant did not substantially remedy conditions that initially necessitated foster care placement of child
1210153 Jacques Beim v. Roanoke County Department of Social Services 02/16/2016
No error in trial court’s findings that children were abused and neglected because they faced an imminent threat to life or health and that there was no less drastic alternative than removal and placement in foster care
1272151 Donnell M. Spruill v. Chesapeake Department of Human Services 02/16/2016
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his children was in their best interests
1572151 Jannifer Spruill v. Chesapeake Department of Human Services 02/16/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where trial court found termination was in best interests of children
1615143 Sylvester Matthew Cheatham v. Commonwealth of Virginia 02/16/2016
Trial court did not err in refusing appellant’s proffered instruction on self-defense where he was not entitled to that instruction where the degree of force used was not reasonable in relation to the harm threatened by victim; no reversible error in trial court’s permitting Commonwealth to pose leading questions to witness
1873141 Santino Wolfe v. Commonwealth of Virginia 02/16/2016
Trial court did not err in admitting certificates of analysis as any doubts as to chain of custody went to the weight of the evidence, not its admissibility, in refusing to set aside the verdicts for insufficient evidence, or in refusing to set aside the jury’s verdicts as inconsistent
0100151 Chris V. Smalls v. Maryellen C. Smalls 02/09/2016
Summary affirmance – appellant’s arguments raised on appeal waived for failure to comply with Rule 5A:20
0281152 Victoria Elizabeth Dufresne v. Commonwealth of Virginia 02/09/2016
Trial court erred in denying appellant’s motion to set aside the verdict and finding her guilty of grand larceny where grand larceny is not a lesser-included offense of robbery; matter remanded to trial court for further proceedings for petit larceny if Commonwealth be so advised
0394151 Gregory L. Allen Spaulding v. Commonwealth of Virginia 02/09/2016
Trial court erred in denying appellant’s motion to suppress where the Commonwealth failed to provide any facts to support a constitutional basis for the warrantless search of appellant’s pants’ pockets
0659152 Brian Grogan v. Virginia Airlink, LLC and Uninsured Employer's Fund 02/09/2016
Summary affirmance – no error in Commission’s finding that appellant was not entitled to disability and medical benefits because he was not an employee of appellee
1054154 Deslannee Barksdale v. Manassas City Department of Family Services 02/09/2016
Summary affirmance – termination of appellant’s parental rights to her child affirmed where appellant’s failure to challenge the termination under Code § 16.1-283(C)(2) renders moot her challenge to the termination under Code § 16.1-283(B)
1199151 Vanessa Earls v. Virginia Beach Department of Human Services 02/09/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence was sufficient to find appellant failed to remedy conditions leading to child’s placement in foster care and that termination was in child’s best interest
1232151 Ashly Nicole Brown v. Marvin Williams and Sandra Williams 02/09/2016
No error in trial court’s finding that appellant’s consent to the adoption was being withheld contrary to the best interests of the child; interlocutory order of adoption affirmed
1499151 Teresa A. McDonough v. American Capital Funding, LLC and Maryland Casualty Company 02/09/2016
Summary affirmance – no error in Commission’s finding that appellant failed to prove she suffered from the occupational disease of carpal tunnel syndrome or that she suffered a compensable injury by accident
2134144 David L. Host v. Winfrey R. Host 02/09/2016
Upon a Rehearing – child support provision of parties’ agreement is void as it seeks to prevent a court from exercising its power to decree child support
0062152 Perry Edward Jones v. Lori Gates Jones 02/02/2016
Appeal of Military Retired Pay Qualifying Division Order entered by trial court affirmed in part and reversed and remanded to trial court in part; appeal dismissed in part as trial court had not entered a final order resolving dispute over attorney’s fees and costs at time of appeal
0751151 Tyrone Williams v. Commonwealth of Virginia 02/02/2016
Trial court erred in finding it had venue over obstruction of justice charge where the entire offense was committed in City of Virginia Beach
0790152 University of Virginia Medical Center v. Susan Jordan 02/02/2016
Trial court did not err in upholding the hearing officer’s decision reinstating appellee and awarding her back pay
1325151 Al Chang Zhang v. Shiao Yu Tung 02/02/2016
Summary affirmance – arguments regarding child support and monetary award waived; no error in trial court’s findings regarding award of attorney’s fees and costs and valuation of parties’ business
1542154 US Airways Group, Inc. v. Marcia Morgan and Michael April, M. D. & Associates 02/02/2016
Summary affirmance – no error in Commission’s finding that medical treatment rendered by Dr. April was reasonable, necessary, and causally related to Morgan’s work accident and was authorized
1568152 Tier 1, L.L.C. and Technology Insurance Company v. David Alberto Sandres-Sanchez 02/02/2016
Summary affirmance – no error in Commission’s finding that evidence was sufficient to prove appellee was an employee of Tier 1, not an independent contractor, when he sustained an injury by accident arising out of his employment
1647154 The Uninsured Employers' Fund v. Silder A. Martinez 02/02/2016
Summary affirmance – Commission did not err in awarding appellee total disability and medical benefits after finding employer did not prove it had less than three employees regularly in service
0173153 Demetrius Tarpley v. Commonwealth of Virginia 01/26/2016
Rule 5A:18 bars consideration of appellant’s assignment of error where appellant’s argument on appeal was not made in trial court
0693154 Samantha Irene Carrano v. Frank Albert Carrano 01/26/2016
Trial court erred in declining to assess attorney’s fees, holding appellee was required to provide health insurance for his stepson only if that insurance proved to be of little or no cost, and fashioning a purge plan that constituted an effective modification of the parties’ agreement
1394152 Commonwealth of Virginia v. Derrell Renard Brown 01/26/2016
Trial court erred in granting appellee’s motion to suppress where the totality of the circumstances provided the officers with probable cause to arrest the appellee for trespassing and to search him incident to that arrest
1471154 Coca-Cola Refreshments USA, Inc. and Indemnity Insurance Company of North America v. Craig Theimer 01/26/2016
Summary affirmance – no error in Commission’s award to appellee of medical and temporary total disability benefits for a lower back injury
1530141 Emanuel Dale Ellis v. Commonwealth of Virginia 01/26/2016
No reversible error in trial court’s decision to redact Facebook photo and exclude timestamp from evidence
0003154 Russell J. Ferguson v. Santee, Inc. and Commonwealth Contractors Group Self-Insurance Association 01/19/2016
Summary affirmance – Court will not consider appellant’s arguments on appeal due to his failure to comply with Rules 5A:4 and 5A:20
0540152 Charles Lee Belle v. Maira J. Belle 01/19/2016
Trial court erred in denying appellant’s motion to set aside the decision awarding the parties a divorce based on the uncorroborated testimony of the parties
0839152 Bon Secours St. Mary's Hospital v. Cynthia B. Jones, Director, et al. 01/19/2016
Trial court did not err in affirming decision of appellee with regard to initial certifications of six recipients and recertifications as to all recipients at issue; trial court erred in affirming decision of appellee with regard to initial certifications of three recipients
1060151 Lotoria Carlos v. Virginia Beach Department of Human Services 01/19/2016
Summary affirmance – no error in trial court’s finding that appellant’s child was at risk of abuse and neglect or in ordering that child’s paternal aunt have custody of child
1189151 Karin Landry v. Atlantic Protective Services and Travelers Indemnity Company of America 01/19/2016
Summary affirmance – no error in Commission’s finding that appellant was not entitled to an award of temporary total disability benefits
1411153 Dana Lowe v. Daikin Applied Americas and Travelers Indemnity Company of America 01/19/2016
Summary affirmance – no error in Commission’s finding regarding date appellant received notification of the diagnosis of her occupational disease or in its denial of her request for benefits for certain periods
0828153 Donna Webb v. Tazewell County Department of Social Services 01/12/2016
Rule 5A:18 bars appellant’s argument that a procedural defect in the underlying petition to terminate her parental rights violated her due process rights; decision of trial court terminating appellant’s parental rights to her child affirmed
1241151 Ciara Malaine Grindle v. Virginia Beach Department of Human Services 01/12/2016
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1414152 HEI Hospitality and North River Insurance Company v. Veronica Almaraz, et al. 01/12/2016
Summary affirmance – no error in Commission’s award of medical benefits and temporary total disability benefits for an injury occurring on July 24, 2014
1573141 Michael Willis Johnson v. Commonwealth of Virginia 01/12/2016
Trial court did not err in denying appellant’s motion to suppress where it found appellant did not unambiguously assert his right to remain silent or in finding evidence sufficient to prove appellant knowingly possessed the oxycodone and had the intent to distribute the cocaine
2127142 Curtis Leon Finley, a/k/a Lil Curtis v. Commonwealth of Virginia 01/12/2016
Trial court did not err in refusing to require the Commonwealth to disclose certain evidence to appellant under Brady where appellant has failed to establish that the information he sought was favorable or that he suffered prejudice as a result of the Commonwealth’s suppression of it
0154151 William Thaddeus Perry v. Commonwealth of Virginia 12/29/2015
No error in trial court’s finding that appellant acted with the requisite intent to prove he resisted arrest as defined by Code § 18.2-479.1
0312152 Andre Cordell Mason, Jr. v. Commonwealth of Virginia 12/29/2015
Trial court erred in allowing Commonwealth to present evidence during revocation hearing regarding allegations for which appellant had not received written notice
0180151 Charles Curry, s/k/a Charles Jerome Curry v. Commonwealth of Virginia 12/22/2015
Revocation and imposition of appellant’s sentence affirmed where court, in 2013, had no authority to amend sentence imposed in 2007, that order was void ab initio, the revocation order did not “extend” appellant’s sentence, and appellant had adequate notice of the proceedings
0227152 Christopher Dwayne Nelson v. Commonwealth of Virginia 12/22/2015
No error in trial court’s finding that evidence was sufficient to prove appellant had notice of his trial date and willfully failed to appear
0401151 Stephone Amos Foreman v. Commonwealth of Virginia 12/22/2015
Trial court did not err in denying appellant’s motion to suppress evidence found as a result of a frisk where evidence was not found as a result of a frisk but rather in plain view after appellant was lawfully removed from the vehicle
0801151 Shauntae D. McKiver v. Portsmouth Department of Social Services 12/22/2015
Trial court did not err in terminating appellant’s parental rights to her children and approving the foster care plans with a goal of adoption after finding evidence was sufficient to prove termination was in children’s best interest
1160152 Commonwealth of Virginia v. Charvelle Louis Collins 12/22/2015
Trial court erred in granting appellant’s motion to suppress where officer had reasonable suspicion to conduct traffic stop where officer suspected appellant’s music was plainly audible from a distance of fifty feet or more and was violating City of Richmond Code § 38-40
1557141 Maurice Alexander Williams v. Commonwealth of Virginia 12/22/2015
Trial court did not err in finding Commonwealth laid a proper foundation and admitting the surveillance videotape and allowing the witnesses to testify about the recording’s content; evidence was sufficient to prove appellant stole the merchandise
2196142 Ashley Unger, s/k/a Ashley Michelle Unger v. Commonwealth of Virginia 12/22/2015
Trial court erred in ruling that “legal testimony” as used in Code § 18.2-459 refers only to argument and in denying appellant the opportunity to present evidence in the circuit court proceeding
0060151 Gerald Henderson v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant had the requisite intent to break and enter for the purpose of committing assault and battery and that he engaged in a direct but ineffectual act toward the crime’s commission
0414152 Kathy F. Harwood v. Buckingham County Department of Social Services 12/15/2015
Summary affirmance – trial court’s foster care plan for appellant’s child affirmed where two of appellant’s issues are barred by Rule 5A:18 and one issue is waived where it is not addressed in appellant’s brief
0432151 Joseph Michael Bista v. Commonwealth of Virginia 12/15/2015
Decision of trial court finding venue was proper in the City of Williamsburg affirmed where it is undisputed that offense occurred within one mile of the City of Williamsburg boundary and Code § 19.2-250(A) allows venue in the City
0685141 David Chad Spitler v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant committed assault and battery of a family member based on testimony of victim and officer and photographs of victim’s injury
0852152 Kathy F. Harwood v. Buckingham County Department of Social Services 12/15/2015
Summary affirmance – trial court’s foster care plan for appellant’s child affirmed where appellant failed to file a transcript indispensable to a determination of the issues raised with regard to this order
1125151 Commonwealth of Virginia v. Merari Acosta-Moreno 12/15/2015
Decision of trial court suppressing appellee’s statements reversed where trial court based its decision on an incorrect recollection of the testimony
1327144 Christopher Scott Weberg v. Commonwealth of Virginia 12/15/2015
No error in trial court’s denial of appellant’s motion to dismiss for violation of his speedy trial rights where trial court correctly found Code § 19.2-243’s nine-month period applied
1656144 Hamza Osman v. Commonwealth of Virginia 12/15/2015
Trial court did not err in denying appellant’s motion to suppress where officer had sufficient, objective facts and circumstances to reasonably conclude that appellant was driving under the influence and had probable cause to remove appellant from the vehicle and arrest him
2352141 Joel Kenneth Simmons v. Commonwealth of Virginia 12/15/2015
No error in trial court’s finding that evidence was sufficient to prove appellant possessed the knife in his sleeve with the intent to use it in furtherance of a larceny, robbery, or burglary
0204154 Mohammed Boukhira v. George Mason University/Commonwealth of Virginia 12/08/2015
No error in commission’s finding that its July 12, 2013 opinion was a final decision on the merits and correctly applied doctrine of res judicata, correctly interpreted its orders as not preserving appellant’s further claims, and did not err in holding that the evidence did not prove a change in condition
0251151 Johnathan Bernard Outsey v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that evidence was sufficient to prove appellant possessed the requisite intent to defraud under Code § 18.2-118
0296152 Jimmy Joe Williams v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intentionally concealed his handgun
0714154 Steven Parasidis, et al. v. Margaret Karageorge 12/08/2015
Arguments regarding trial court’s authority to find appellant in civil contempt and decision to strike any defenses he may have raised to fraudulent conveyance action barred by Rule 5A:18; trial court’s finding of civil contempt and imposition of sanctions affirmed
1028153 Timothy Allen Guill v. Campbell County Department of Social Services 12/08/2015
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights was in child’s best interest
1158153 Phillip S. Pool, LLC, t/a C & C Mini Market v. Virginia Alcoholic Beverage Control Board 12/08/2015
Summary affirmance – no error in trial court’s finding that appellee had substantial evidence to rely on in revoking appellant’s license to sell wine and beer off premises
1355141 Alfred Lamar Diggs v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s motion to suppress where circumstances provided a basis for officer to form a reasonable suspicion that appellant was driving a vehicle with an illegal inspection sticker
1503142 Wade A. Malone, Jr. v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable suspicion that appellant was involved in criminal activity and appellant’s actions justified officer’s response
1653141 John Richard Taylor v. Commonwealth of Virginia 12/08/2015
No error in trial court’s finding that appellant was in a custodial or supervisory relationship with the victim when the offense of taking indecent liberties with a minor occurred
1753141 Clyde Edmond Stackfield v. City of Hampton 12/08/2015
Trial court abused its discretion in admitting inadmissible hearsay; appellant’s conviction of trespassing reversed and remanded to trial court
1950141 Ulysses Lee Keeling v. Commonwealth of Virginia 12/08/2015
Trial court did not err in denying appellant’s request for a jury instruction on excusable self defense, in denying the admission of the victim’s prior bad acts, and in denying the admission of the victim’s toxicology report
2240141 Keenan Martin v. Commonwealth of Virginia 12/08/2015
Trial court abused its discretion in admitting additional bank statements without an adequate foundation where the Commonwealth did not establish that the additional statements are outside of the scope of hearsay as computer generated evidence or that they fall within any hearsay exception
0688154 Gloria J. Hoffman v. Alsco, Inc. and Ace American Insurance Company 12/01/2015
Summary affirmance – Court finds appellant’s failure to comply with Rules 5A:20 and 5A:25 significant and will not consider the assignments of error raised on appeal
0964151 Peter Donald Lommen v. Shannon Nettles Lommen 12/01/2015
Summary affirmance – trial court’s denial of appellant’s motion to amend spousal support affirmed
0278152 Gregory Daughtry v. Boar's Head Provisions Company, Inc. and American Zurich Insurance Company 11/24/2015
Summary affirmance – decision of Commission affirmed where appellant does not assign error to any aspect of the decision appealed from
0484152 Surgi-Center of Central Virginia v. McLane Company, Inc. and New Hampshire Insurance Company 11/24/2015
No error in Commission’s finding that appellant’s medical bills for medical treatment to an employee of appellee were properly reduced pursuant to a series of preferred provider contracts
1462143 Kenneth Allen Bortzer v. Commonwealth of Virginia 11/24/2015
Trial court did not err in granting Commonwealth’s motion in limine excluding questions which would confuse the jury on routine details, an inquiry properly disposed of by the trial court prior to trial, instead of the elements of the offenses tried before it
1595142 Marvin James Kersey v. Commonwealth of Virginia 11/24/2015
No error in trial court’s finding that evidence was sufficient to prove appellant aided and abetted in the commission of the offenses and shared the perpetrators’ criminal intent
1641142 Kimberly M. Sharp v. Commonwealth of Virginia 11/24/2015
No error in trial court’s finding that lease-purchase agreement appellant signed constituted a lease under Code § 18.2-118, that withholding personal property in violation of the terms of that agreement was a violation of the statute, and that appellant possessed the requisite fraudulent intent to withhold the property
2066144 LaDawn Shrieves King v. Dwayne E. King 11/24/2015
Final decree of divorce affirmed
2107141 Joseph Andre Moore v. Commonwealth of Virginia 11/24/2015
Trial court erred in finding evidence was sufficient to prove appellant was aware of the drugs found under the seat of the vehicle and no considerable evidence beyond appellant’s mere proximity to the drugs and his occupancy of the vehicle linked him to the contraband
2165141 Henry H. Russell, Jr. v. Commonwealth of Virginia 11/24/2015
Evidence was insufficient to support convictions of grand larceny and larceny with intent to sell where evidence proved appellant was a co-owner of the personal property taken from the house
0038153 Dominique Desmond Hampton v. Commonwealth of Virginia 11/17/2015
No error in trial court’s finding that evidence was sufficient to prove rifle appellant used was a real firearm, was a deadly weapon based upon the manner in which it was used, and had the appearance of being a firearm
0627152 Andre Harris v. Henrico County Department of Social Services 11/17/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where appellant failed to provide or substantially plan for child’s future or how he would provide for child’s special needs
0755152 Cory Aubrey Swisher v. Albemarle County Department of Social Services 11/17/2015
Summary affirmance – trial court did err in terminating appellant’s parental rights to his child
0758152 Cory Aubrey Swisher v. Albemarle County Department of Social Services 11/17/2015
Summary affirmance – trial court did not err in approving the foster care goal of adoption
1128143 Ronald Wayne Bray v. Commonwealth of Virginia 11/17/2015
Trial court did not err in convicting appellant of four sets of three offenses and sentencing him separately on each conviction where while the offenses involved some common evidence, no one offense contained all the elements of the other two offenses; no double jeopardy or Code § 19.2 294 violation
1367144 Darren Gregory v. Olga Gregory 11/17/2015
Trial court erred in awarding spousal support and attorney’s fees to appellee where trial court found her testimony not credible and then based its awards on that non-credible testimony
1465143 Brenton Demoun Jones v. Commonwealth of Virginia 11/17/2015
Trial court did not err in denying appellant’s motion to suppress where the drugs found on appellant’s person were admissible under the inevitable discovery doctrine
1966144 Wendie Ann Palermo v. Steven Epple 11/17/2015
Judgment of trial court reversed and remanded for further proceedings where all necessary parties were not joined in this case in the trial court
0152143 Cassell Clark Fitzgerald. Jr. v. Commonwealth of Virginia 11/10/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable articulable suspicion that appellant had a concealed weapon and was engaged in criminal activity and was armed and dangerous and officer was justified in seizing weapon based on plain feel that object in appellant’s pocket was a gun
0451153 Jennifer Wisman v. Harrisonburg Rockingham Social Services District 11/10/2015
Summary affirmance – trial court’s issuance of protective order affirmed where trial court did not err in finding appellee did not request a change in custody and the ordered conditions did not change legal custody; trial court applied correct standard of proof and appellee presented sufficient evidence to support transfer of physical custody of child
0565141 Riana Michelle Rich v. Commonwealth of Virginia 11/10/2015
No error in trial court’s finding that appellant caused the accident and that her actions were criminally negligent
0756153 Cecil Moore v. Lee County Department of Social Services 11/10/2015
Trial court did not did not rely solely on appellant’s incarceration and did not err in terminating appellant’s parental rights to his children
0944154 Commonwealth of Virgina v. Guy Douglas Dubois, Jr. 11/10/2015
Petition for appeal dismissed where neither notice of appeal filed in trial court was sufficient to confer jurisdiction on this Court
1687143 Michael Wayne Stallings v. Commonwealth of Virginia 11/10/2015
No error in trial court’s finding that evidence was sufficient to prove that appellant knowingly or intentionally possessed a controlled substance
1700143 Wesley Adam Williams v. Commonwealth of Virginia 11/10/2015
No error in jury’s finding that evidence was sufficient to prove appellant was shooting in the direction of the officer with the intent to kill him
1891141 Anthony Bryant Cummings v. Commonwealth of Virginia 11/10/2015
Trial court did not err in allowing the Commonwealth to amend the indictment where the amendment did not change the nature and character of the offense; sufficiency of the evidence argument barred by Rule 5A:18
0708153 James C. Jones, Jr. v. Karen L. Jones 11/03/2015
Judgment of trial court deviating from child support guidelines and finding that neither party shall pay child support to the other affirmed
0956141 Lonnie Joe Salone v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was in constructive possession of the firearm found in area where appellant began making furtive movements when officer attempted to pull vehicle over
1117144 Marion Kenneth Allen, Jr. v. Commonwealth of Virginia 11/03/2015
Trial court did not err in refusing to strike prospective juror for cause where juror’s answers showed no bias; jury was not plainly wrong in rejecting appellant’s hypothesis of innocence or in finding evidence was sufficient to support appellant’s convictions of robbery and use of a firearm in the commission of robbery
1781142 Lashawn M. Miles v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant’s conduct constituted direct action calculated to prevent and obstruct officer from performing his duties; appellant waived her challenge to the trial court’s ruling foreclosing closing argument
1853143 Billy Ray Wilson v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was the driver of the vehicle or in admitting appellant’s statement to the trooper
2134144 David L. Host v. Winfrey R. Host 11/03/2015
No error in trial court’s interpretation of support provisions of parties’ final decree or its finding that the resulting awards of attorneys’ fees and support arrearages were consistent with the agreement of the parties
2135143 Clifford Ronald Dugan, Jr. v. Commonwealth of Virginia 11/03/2015
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the methamphetamine found in his truck
2221143 Myron Lamar Rhodes v. Harrisonburg Rockingham Social Services District 11/03/2015
No error in trial court’s finding that child’s behavior was caused by appellant’s actions; trial court did not err in entering the protective order and ordering supervised visitation
0352154 Republic Services of Virginia, L.L.C. and Old Republic Insurance Company v. Angel J. Candio 10/27/2015
Commission did not abuse its discretion in denying appellants’ motion to go forward on the merits in appellee’s absence or by dismissing appellee’s claim without prejudice for his failure to comply with discovery orders and his failure to appear at the hearing
0384152 Virginia Department of Environmental Quality v. The East End Landfill, LLC 10/27/2015
Trial court did not err in reversing appellant’s decision that it did not have authority to continue to review appellee’s application and remanding matter back to appellant for further proceedings; trial court erred in awarding costs and attorney’s fees to appellee where appellant’s position was not unreasonable
0605141 Antoine Lamont Creecy v. Commonwealth of Virginia 10/27/2015
Trial court did not abuse its discretion in declining appellant’s proposed instructions on the lesser included offense of simple possession where mere speculation that the cocaine and heroin could have been for personal use is not independent, affirmative evidence showing a lack on an intent to distribute
0695152 Shawanna D. Smith v. Howard Kelly Smith 10/27/2015
Summary affirmance – trial court did not abuse its discretion in finding that it was in the best interest of the children for appellee to continue to have primary physical custody of them
2371132 Arrie C. Clements v. James W. Clements 10/27/2015
Summary affirmance – judgment of trial court affirmed where appendix filed in this case is inadequate to enable Court to address her assignments of error
0004151 Kevin S. Godwin v. Kathy L. Godwin 10/20/2015
Summary affirmance – trial court did not err in imputing income to appellant and ordering him to pay spousal support to appellee or in allowing appellee to call witness
0249154 Henry F. Brandenstein, Jr. v. Janet R. Brandenstein 10/20/2015
Trial court erred in finding that support provisions of marital settlement agreement were ambiguous and not self executing, in setting a support arrearage, and in finding appellant in contempt
0296141 Alvin Daniel Gatewood v. Commonwealth of Virginia 10/20/2015
Trial court did not abuse its discretion in determining contested victim impact testimony was admissible from the victim’s uncle at the sentencing phase of the trial
0542154 Northampton County and Virginia Association of Counties Group Self-Insurance v. Mark Somers 10/20/2015
Award of temporary total disability beginning May 8, 2014 and continuing reversed where commission erred in finding appellee’s April 8, 2014 filing was a change in condition application and not barred by the statute of limitations; remainder of award affirmed
0851154 Esperanza M. Garcia-Guzman v. Celina Cleaning Services, Inc. and The Uninsured Employers' Fund 10/20/2015
Summary affirmance – no error in commission’s denial of benefits to appellant where she failed to establish her injury arose out of her employment
1048154 James Stone v. Skyline Automotive, Inc. and Accident Fund National Insurance Company 10/20/2015
Summary affirmance – no error in commission’s finding that appellant’s claim was not timely filed and was barred by the statute of limitations and that appellant did not prove his neck condition was related to the original compensable accident
2068141 Josiah A. Cary v. Commonwealth of Virginia 10/20/2015
Trial court did not err in finding evidence sufficient to support conviction of disorderly conduct where appellant’s actions were not sufficient to be otherwise punishable under Title 18.2 of the Code to invoke other crimes proviso of Code § 18.2-415
0934154 Fairfax County School Board v. Carolyn Washington 10/13/2015
Summary affirmance – no error in commission’s finding that appellee’s stroke was caused by her workplace accident; issue regarding adequacy of the commission’s opinion for purposes of Code § 65.2-705 barred by Rule 5A:18
1159143 William E. McGuire v. VDOT-Tazewell/Commonwealth of Virginia 10/13/2015
Commission did not err in terminating appellant’s benefits where it found application for hearing was sent to appellant and his counsel in compliance with Commission Rule 1.4(A), in determining credible evidence supported finding that appellant was released by his treating physician, and did not abuse its discretion in relying on medical evidence already in the record
1244142 Drew Joseph Harrison v. Commonwealth of Virginia 10/13/2015
No error in trial court’s finding that evidence was sufficient to prove appellant acted against the will of the victim or in finding appellant did not carry his burden of proving the existence of an agreement between appellant and the Commonwealth to nolle prosequi the charges upon completion of a therapy program
1609142 Joshua Ryan Bevels v. Commonwealth of Virginia 10/13/2015
Trial court did not abuse its discretion in admitting evidence of a separate drug transaction under the general scheme exception to the general rule of exclusion of other crimes evidence
2332141 Richard William Majeski, III v. Commonwealth of Virginia 10/13/2015
Trial court lacked authority under Rule 1:1 to modify terms of appellant’s suspended sentence since it found appellant had not violated trial court’s final sentencing order; order entered on November 21, 2014 vacated
0018154 Orel Jordan Chollette v. Robert Keeling and Kristin Keeling 10/06/2015
Trial court did not err in denying appellant’s motion to intervene in an adoption proceeding where record fails to establish his paternity
0262153 Daryl Wayne Peake v. Brandy English Brown Peake 10/06/2015
Summary affirmance - Final decree of divorce regarding equitable distribution, spousal support, child support, and award of attorney’s fees to appellee affirmed
1741142 Andrew Steve Barrett v. Commonwealth of Virginia 10/06/2015
Trial court did not err in denying appellant’s motion to suppress where officer had a particularized and objective basis to suspect appellant was engaged in drug distribution or in reconsidering and reversing its bench ruling excluding testimony of officer
2202144 Austin Albert Callahan v. Commonwealth of Virginia 10/06/2015
Evidence was sufficient to support jury’s finding that appellant meant to make a bomb, not a firework; trial court did not err in refusing to instruct jury on possession of an illegal firework as it was not a lesser-included offense
0380154 Patrick Ferguson v. McCormick & Schmick and American Zurich Insurance Company 09/29/2015
Evidence supports finding of commission that appellant was not totally disabled after April 21, 2014 and properly denied request for temporary total disability benefits; additional issues raised by appellant barred by Rule 5A:18
2247144 Lubna Aijaz v. Fairfax County Department of Family Services 09/29/2015
No error in trial court’s finding that termination of appellant’s parental rights to her child was in best interests of child and that appellant had been unwilling or unable to remedy conditions leading to child’s placement in foster care
0332152 Monica Harvey v. Old Dominion University/Commonwealth of Virginia 09/22/2015
No error in commission’s finding that appellant failed to prove a basis for a second opinion at employer’s expense
0559152 Commonwealth of Virginia v. Joseph Dee Morrissey, a/k/a Joseph D. Morrissey 09/22/2015
Appellee’s motion to dismiss granted and appeal dismissed where this Court lacks jurisdiction to review the circuit court’s dismissal of indictments based on its interpretation of the immunity provision of a plea agreement
0883142 Christopher Allen Brantley v. Commonwealth of Virginia 09/22/2015
Trial court did not err in crediting the testimony of the Commonwealth’s expert that the injuries to the child resulted from abusive head trauma and to conclude appellant was guilty of child abuse
1464142 Charles Xavier Rankins v. Commonwealth of Virginia 09/22/2015
Trial court did not err in refusing appellant’s proffered instruction on defense of others where there was no evidence victim threatened death or bodily harm to appellant’s family members
1774134 Juan Demetrio Mirones Ramos v. Commonwealth of Virginia 09/22/2015
Evidence was sufficient for jury to conclude that appellant drove the vehicle on a public highway while intoxicated within three hours of his arrest – convictions of driving under the influence and unreasonably refusing to submit to a blood or breath test affirmed
1799144 Levar Raheem Burton v. Commonwealth of Virginia 09/22/2015
Trial court did not err in denying appellant’s motion to suppress where both search of appellant’s vehicle and the direction to appellant to exit the vehicle were justified as officers had probable cause to believe appellant was in possession of contraband
2310142 George Andrew Thompson v. Commonwealth of Virginia 09/22/2015
No error in trial court’s finding that evidence was sufficient to support grand larceny of an automobile conviction where it found witness was credible and her testimony was corroborated by text messages
0044152 Cherif Toure v. DAL Global Services and Gallagher Bassett Services, Inc. 09/15/2015
Summary affirmance – appellant’s arguments not considered on appeal for his failure to comply with Rule 5A:20 and that failure is significant
0223153 Catherine Rebecca Rogers v. VPI State University/Commonwealth of Virginia 09/15/2015
Summary affirmance – commission did not err in denying benefits to appellant where appellant failed to prove an injury by accident or in finding appellant did not meet the requirements for admission of after-discovered evidence
0399154 Victoria J. Salvato v. Frank Salvato 09/15/2015
Summary affirmance – trial court did not err in imposing additional visitation restrictions on appellant as they were implemented in best interests of child
0520151 Tamena G. Wilson v. Fitzgerald C. Britton 09/15/2015
Summary affirmance – trial court did not err in finding appellant in civil contempt where appellant’s support obligation exits regardless of whether appellee’s support obligation to appellant still exists
0729154 Pinpoint Cleaning Service, Inc. and Phoenix Insurance Company v. Daniel Henriquez 09/15/2015
Summary affirmance – no error in commission’s finding that appellant’s industrial accident occurred within the course of his employment
0954153 Tommy Raymond Harris v. Torque Enterprises, L.L.C. and American Mining Insurance Company 09/15/2015
Summary affirmance – no error in commission’s finding that evidence was insufficient to prove appellant sustained an injury by accident arising out of his employment
1252141 Angela Maye Holt v. Commonwealth of Virginia 09/15/2015
Petition for rehearing en banc granted
1988143 Shirley Robinson-Miles v. Danville Division of Social Services 09/15/2015
Trial court did not err in terminating appellant’s parental rights to her seven children pursuant to Code § 16.1-283(C)(2)
2137143 Robert Taylor, III v. Roanoke County Department of Social Services 09/15/2015
Trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant was unable to remedy substantially the conditions that led to the child being placed in and remaining in foster care
0535154 Commonwealth of Virginia v. Thomas J. Spinola, s/k/a Thomas P. Spinola 09/08/2015
Appellee’s motion to dismiss granted and appeal dismissed where Commonwealth did not timely file the notice of filing of transcript or petition for appeal
0545152 Andre Morman, Sr. v. Richmond Department of Social Services 09/08/2015
Summary affirmance – no error in trial court’s termination of appellant’s parental rights to his six children
0592154 Commonwealth of Virginia v. Frank Innes Flythe, a/k/a Frank Innes Rooks 09/01/2015
No error in trial court’s decision to dismiss appellee’s second indictment on double jeopardy grounds where appellee was acquitted of grand larceny of money at a prior trial and the Commonwealth cannot name a different victim and relitigate the issue at a second trial
2204144 Alysa Youngson, f/k/a Alysa N. Brautigam v. Christopher E. Brautigam 08/25/2015
Summary affirmance – trial court did not err in its award to appellee of attorney’s fees and costs incurred on prior appeal and remand
0258154 Laurence F. Hannan, III v. Thorsen Construction and Accident Fund Insurance Company 08/18/2015
Summary affirmance – no error in commission’s decision awarding medical benefits for treatment of appellant’s thoracic spine, denying medical benefits for treatment of appellant’s right knee, and denying wage loss benefits
1168134 Jeffrey Brian Lee v. Commonwealth of Virginia 08/18/2015
Appellant’s argument regarding trial court’s failure to rule on a motion to withdraw his guilty pleas barred by Rule 5A:18 where appellant never made an objection to the trial court’s alleged failure to rule or a specific effort to get the motion on the court’s docket before the trial court lost jurisdiction
0090154 La'Mann Abbott v. Culpeper County Department of Social Services 08/11/2015
Summary affirmance – termination of appellant’s parental rights to his child affirmed where appellant’s failure to challenge both subsections of Code § 16.1-283 under which his rights were terminated renders moot his challenge under one subsection
0141154 Garrett R. Whiting v. City of Charlottesville Fire and Rescue 08/11/2015
Commission did not err in declining to apply rebuttable presumption provided in Code § 65.2 402(C) where appellant failed to provide evidence that his exposure to known or suspected carcinogen caused or was suspected to cause his prostate cancer
0408154 Eric Perry Groo v. Janine Mary Burton 08/11/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify custody and visitation where appellant did not prove a material change in circumstances since prior order
0219141 Matthew Columbus Williams v. Commonwealth of Virginia 08/04/2015
No reversible error in trial court’s decision to admit a digitally signed conviction order to prove a prior conviction where the DMV abstract, admitted without objection, proved the same conviction
1252141 Angela Maye Holt v. Commonwealth of Virginia 08/04/2015
Evidence was insufficient to support conviction of embezzlement; conviction of obtaining money by false pretenses affirmed where Court declines to apply ends of justice exception
1797141 Chastity Davis v. Isle of Wight County Department of Social Services 08/04/2015
No error in trial court’s finding that evidence was sufficient to terminate appellant’s parental rights to her children where she did not substantially remedy conditions leading to placement in foster care and termination was in their best interest
2207143 Charlene Cole v. Henry-Martinsville Department of Social Services 08/04/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where appellant had not substantially remedied conditions leading to placement of children in foster care
0360153 Gretchen McDorman Burkett v. Harrisonburg Rockingham Social Services District 07/28/2015
Judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant did not object to the proffered evidence at trial and raises her arguments for the first time on appeal
0361153 Gretchen McDorman Burkett v. Harrisonburg Rockingham Social Services District 07/28/2015
Judgment of trial court terminating appellant’s parental rights to her child affirmed where appellant did not object to the proffered evidence at trial and raises her arguments for the first time on appeal
0487152 Commonwealth of Virginia v. Domanique Terrelle Waller 07/28/2015
Trial court erred in granting motion to suppress where officer had probable cause to search appellee’s vehicle for evidence related to the crime of possessing or using a stolen inspection sticker and any documentation regarding that sticker
1896142 Louis Chester Lee, Jr. v. Commonwealth of Virginia 07/28/2015
No error in trial court’s credibility determinations or its determination that appellant violated the terms of the protective order
2299131 Brian Thomas Smith v. Commonwealth of Virginia 07/28/2015
Trial court’s refusal to instruct jury on voluntary manslaughter, if error, was harmless; argument regarding wording of challenged murder instruction barred by Rule 5A:18 where appellant failed to object to wording of instruction at trial and ends-of-justice exception does not apply
1320142 Christopher Sean Pickett v. Commonwealth of Virginia 07/21/2015
No error in trial court’s finding that evidence was sufficient to prove appellant’s convictions of two counts of carnal knowledge and two counts of indecent liberties where it accepted testimony of victim, notwithstanding any impeachment, as credible
1621142 Christopher Love Howard v. Commonwealth of Virginia 07/21/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intended to rob the victim and took an overt act toward robbing the victim; convictions of attempted robbery, use of a firearm in commission of felony, and possession of a firearm by a violent convicted felon affirmed
1675144 Joseph Mark Neubert v. Linda Dean Neubert 07/21/2015
Summary affirmance – trial court did not err in awarding spousal support to appellee that increases upon sale of the marital residence
1737142 James Seth Brown v. Commonwealth of Virginia 07/21/2015
Trial court did not err in finding evidence was sufficient to prove appellant willfully failed to appear and willfully contributed to the neglect of his child
1812142 Virginia Department of Juvenile Justice v. Sean Milner 07/21/2015
Trial court erred in reversing the hearing officer’s decision where hearing officer did not act contrary to law in declining to reinstate appellee to his former position; decision of trial court reversed and decision of hearing officer reinstated
2022142 William D. Coalson v. Marylynn Coalson 07/21/2015
Trial court did not err in granting appellee’s motion to strike on a motion to terminate spousal support where the evidence failed to establish that appellee and her paramour shared a common residence
2147142 Virginia Department of Juvenile Justice v. Sean Milner 07/21/2015
Judgment of trial court awarding attorney’s fees and costs to appellee under Code § 2.2-3006(E) reversed where appellee no longer substantially prevails on the merits of his case and is no longer entitled to attorney’s fees and costs
2321142 Donald M. Eskridge v. Angela T. Eskridge 07/21/2015
Trial court did not abuse its discretion in awarding appellee spousal support in the amount of $1,200 per month for five years
0265153 Opal Brock v. Wise County Department of Social Services 07/14/2015
Summary affirmance – appellant’s failure to challenge termination of her parental rights under Code § 16.1-283(B) renders moot her claim under Code § 16.1-283(C)
0378153 Babcock & Wilcox and Indemnity Insurance Company of North America v. Paul Moran 07/14/2015
Summary affirmance – no error in commission’s finding that claimant suffered a compensable injury and that he was entitled to an award of temporary total disability benefits
0425153 Randall Peaks v. Wise County Department of Social Services 07/14/2015
Summary affirmance – arguments regarding target completion date, relative placement, failure of trial court to remand matter to juvenile court after appeal heard on ninety-second day after appeal noted, and admission of medical records under business record exception barred by Rule 5A:18; failure to challenge termination under all code sections renders moot claim of error under one section
0528151 Nestle USA, Inc. and Ace American Insurance Company v. Keith P. Ellis 07/14/2015
Summary affirmance – no error in commission’s finding that claimant’s claim for medical and indemnity benefits was not barred by the statute of limitations
0781143 Albert Lewis Fowler, III v. Commonwealth of Virginia 07/14/2015
Appellant’s conviction is reversed because appellant did not enter a constitutionally valid guilty plea
1063142 Joshua Micah Lillard v. Commonwealth of Virginia 07/14/2015
No error in trial court’s finding that appellant operated his tractor trailer in a reckless manner and, thus, was guilty of reckless driving
0845142 Craig Lamont Kirkpatrick v. Commonwealth of Virginia 07/07/2015
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant only objected to the Commonwealth’s lack of evidence regarding threat or intimidation not his appellate argument regarding sufficiency of the evidence to prove penetration
1138142 Ronald Edward Johnson, Jr. v. Commonwealth of Virginia 07/07/2015
Trial court did not err in convicting appellant of three counts of failure to appear where a single act of failure to appeal may result in multiple convictions when each count is based on a distinct underlying felony
1350142 Dezmon C. Reaux, s/k/a Dezmon Cary Lee Reaux v. Commonwealth of Virginia 07/07/2015
Judgment of trial court affirmed pursuant to Rule 5A:18 where appellant’s argument on appeal not properly preserved because appellant did not allege a violation of Sixth Amendment rights before the trial court
1442142 Jayvon Lartay Bass v. Commonwealth of Virginia 07/07/2015
Error in appellant’s conviction of robbery on an indictment charging appellant with attempted robbery; conviction reversed and remanded to trial court for new trial on attempted robbery
0963142 Ty'quawne Niheem Alston v. Commonwealth of Virginia 06/30/2015
No error in trial court’s finding that evidence was sufficient to prove appellant intended to commit an assault and battery at the time he entered the victim’s residence
1957143 Christopher Lee Croft v. Commonwealth of Virginia 06/30/2015
Trial court erred in convicting appellant of driving while his license was suspended under Code § 18.2-272 where the period of suspension authorized by Code § 18.2-271 was one year from the date of conviction for driving while intoxicated and that period had passed
2167132 Joseph Garth Jones v. Commonwealth of Virginia 06/30/2015
No error in trial court’s finding that appellant’s driving after the officer’s command to stop endangered the officer’s operation of his vehicle and appellant’s actions constituted felony eluding
2370131 John W. Legault v. Commonwealth of Virginia 06/30/2015
Trial court erred in excluding evidence of victim’s prior allegations against appellant where proffered evidence of an alibi for the date in question was sufficient to demonstrate a reasonable probability that victim’s prior allegations were false
0104152 Commonwealth of Virginia v. Hunter Franklin Hocutt 06/23/2015
Trial court did not err in granting motion to suppress where the impoundment of appellee’s vehicle was not reasonable under Fourth Amendment as impoundment did not occur pursuant to a statute or the standard police procedure applicable in this case
1993143 Lynn Miller, f/k/a Lynn Miller Green v. Robert Lorenza Green, Jr. 06/23/2015
Trial court erred in terminating spousal support retroactively and in finding that appellee was entitled to cease payment of spousal support unilaterally prior to seeking court intervention
2237144 Jasmine Harper v. Alexandria Department of Community and Human Services 06/23/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children where although appellant participated in services offered, she did not demonstrate an ability to safely parent the children
0080151 Smithfield Foods, Inc. and Safety National Casualty Corp. v. Donald R. Branstetter, Jr. 06/16/2015
Summary affirmance – no error in commission’s finding that res judicata principles barred appellants’ argument disputing causal relationship between appellee’s second episode of DVT and appellee’s workplace accident; no error in decision regarding award of attorney’s fees to appellee
0319152 William A. Woodard, Jr. v. Dinwiddie Department of Social Services 06/16/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where it found appellant had been unwilling or unable to remedy substantially the conditions which led to child’s placement in foster care
1500142 Anthony Joseph Bellio-Poates v. Commonwealth of Virginia 06/16/2015
Trial court did not err in denying appellant’s motion to suppress where the search warrant was supported by probable cause; no error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the contraband and that appellant grew the marijuana with the intent to distribute it
1758144 Jennifer Lynn Wilks v. Fairfax County Department of Family Services 06/16/2015
Summary affirmance – termination of appellant’s parental rights affirmed where appellant only challenged termination under one of the two subsections under which her rights were terminated
0016152 Rosa Cruz-Gonzalez v. Star Valley Painting Contractors, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that appellant’s claim for benefits is barred by the settlement of third-party suits without knowledge or consent of appellees
0017152 Rufino Cruz Cortes v. Star Valley Painting Contractors, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that appellant’s claim for benefits is barred by the settlement of third-party suits without knowledge or consent of appellees
0206152 Big Lots Stores, Inc. and Arch Insurance Company v. Howard Clute 06/09/2015
Summary affirmance – no error in commission’s finding that appellee’s claim was not barred by res judicata and awarding medical benefits for a right knee injury
0252152 Howard Clute v. Big Lots Stores, Inc. and Arch Insurance Company 06/09/2015
Summary affirmance – no error in commission’s decision declining to award ongoing temporary total disability benefits and only awarding appellant disability benefits for day of his right knee replacement surgery
1777143 Amanda J. Carroll Brammer v. Craig County Department of Social Services 06/09/2015
Summary affirmance – appellant’s failure to challenge the termination of her parental rights under Code § 16.1-283(C)(2) renders moot her challenge under Code § 16.1-283(B)
1851144 Zainab T. Ahmed v. Trinet/Washington Dulles Marriott, et al. 06/09/2015
Summary affirmance – no error in commission’s finding that several of appellant’s physical ailments were not casually related to her work injury and that appellees were not responsible for payment of emergency room visits, a neck collar, and treatment for several conditions
2236144 Hellen Bangura v. Alexandria Department of Community & Human Services 06/09/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child and in approving the goal of adoption for the child
2320142 Gene Forbes Enterprises d/b/a McDonald's of Tazewell and Arch Insurance Company v. Janis R. Cooper 06/09/2015
No error in commission’s award of disability benefits where it found appellee suffered an injury arising out of and in the course of her employment, suffered a sudden mechanical or structural change, and there was a causal link between the injury and the resulting treatment
2350142 Ronald Perry v. Prince George Department of Social Services 06/09/2015
Trial court did not err in terminating appellant’s parental rights to his child where appellant’s mental illness prevented him from being able to care for the child, appellant did not provide evidence he would be able to care for the child’s mental health needs, and appellant did not substantially correct conditions which led to child being and remaining in foster care
0190153 Julianne Price v. Rahe, Inc. and Merchants of Virginia Group Self-Insurance 06/02/2015
Summary affirmance – no error in trial court’s finding that appellant failed to prove she suffered a concussion as a compensable consequence of her workplace accident
1020141 Lakesha Lanika Artis v. Commonwealth of Virginia 06/02/2015
Evidence was not sufficient to prove beyond a reasonable doubt that appellant’s conduct was criminally negligent; conviction of involuntary manslaughter reversed and dismissed
1363142 Tyrone Brewington Conway v. Commonwealth of Virginia 06/02/2015
No error in trial court’s finding that evidence was sufficient to support conviction of malicious wounding where it proved victim suffered a wound and Court rejects appellant’s argument that a weapon other than that with which the body is naturally provided must be used to cause the wound
1604141 Michael Kevin Huck v. Stacie Lee DeLango Huck 06/02/2015
Summary affirmance – appellant’s failure to comply with Rules 5A:20 and 5A:25 is significant and Court will not consider his assignments of error; additional assignments of error barred by Rule 5A:18
1722142 Megan Bracaloni v. Joshua Edge, Jennifer Leslie Edge and Gregory Edge 06/02/2015
Summary affirmance – appellant’s assignment of error regarding a child custody and visitation order not preserved and will not be considered
0043154 Commonwealth of Virginia v. David Pijor 05/26/2015
No error in trial court’s finding that Double Jeopardy Clause mandated dismissal of appellee’s second indictment
2287141 Commonwealth of Virginia v. Dustin Lee Correll 05/26/2015
Trial court did not err in granting motion to suppress where facts did not provide an objective basis for the officer to suspect that appellee was armed and dangerous
0673141 Duane Aubrey Diggs v. Commonwealth of Virginia 05/19/2015
No error in trial court’s findings that no variance existed between the indictment and the proof and that evidence was sufficient to prove appellant obtained money or property by false pretenses
1158143 Peter Anthony Deluca v. Tracie Ondich Deluca 05/19/2015
No error in trial court’s finding that appellant’s spousal support obligation under the parties’ agreement included an obligation to pay a monthly monetary sum to appellee; appellant’s other assignments of error procedurally barred by Rule 5A:20(e)
1613143 Timothy M. Barrett v. Commonwealth of Virginia, et al. 05/19/2015
Trial court did not err in finding it did not have subject matter jurisdiction to hear this case
1614143 Timothy M. Barrett v. Commonwealth of Virginia, et al. 05/19/2015
Trial court did not err in finding it did not have subject matter jurisdiction to hear this case
2027141 Trevon Blake v. Norfolk Department of Human Services 05/19/2015
Summary affirmance – trial court did not err in denying appellant’s motion for continuance and dismissing this appeal of the termination of his parental rights where it found he voluntarily waived his right to appeal
2230141 James Michael Wheeler, Jr. v. Liliana Wheeler 05/19/2015
Summary affirmance – no error in trial court’s order allowing appellee to relocate the parties’ children to San Diego, California
2474133 Charleston Alexandria Williams, Jr. v. Commonwealth of Virginia 05/19/2015
Trial court erred in finding evidence was sufficient to prove value of computer was greater than $200 at the time of the theft; remanded to trial court for resentencing on conviction of lesser-included offense of petit larceny
0002141 Ronnie James Kemp v. Commonwealth of Virginia 05/12/2015
No error in trial court’s finding that evidence was sufficient to prove appellant jointly possessed the marijuana with the intent to distribute it and that he entered into an agreement with others to sell the marijuana
0173143 Timothy M. Barrett v. Valerie Jill Rhudy Minor 05/12/2015
Order of trial court dismissing appellant’s refiled October 2013 complaint regarding custody and visitation of minor children affirmed
0288141 Travis Kashawn Brown v. Commonwealth of Virginia 05/12/2015
No error in trial court’s finding that evidence was sufficient to prove appellant constructively possessed the cocaine located in the driver’s side cup holder; convictions of possession of cocaine and possession of a firearm while in possession of cocaine affirmed
0384141 Timothy Michael Baird v. Commonwealth of Virginia 05/12/2015
Evidence was sufficient to allow jury to reasonably infer both malice and a specific intent to kill or otherwise harm victims in vehicle; appellant waived any claim he may have had for a mistrial by not timely requesting that relief
2104142 Dwayne L. Cook v. Loretta S. Cook 05/12/2015
Summary affirmance – trial court did not abuse its discretion in reducing rather than terminating appellant’s spousal support obligation to appellee and did not err in refusing to consider the length of the parties’ marriage and how long appellant has been paying spousal support in its decision to reduce appellant’s spousal support obligation
2143141 Riverside Behavioral Centers and Trumbull Insurance Company v. Steven Tyrone Teel 05/12/2015
Commission erred in concluding appellee was not terminated for justified cause; award of temporary total disability benefits reversed and vacated
2201144 Michael Keith Lamb v. S. Diane Lamb 05/12/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify his spousal support obligation to appellee
0006153 Charles Samuel Harris v. Paty Denise Leonard Harris 05/05/2015
Summary affirmance – no error in trial court’s holding that it did not have authority to modify or terminate appellant’s spousal support obligation to appellee where the language in the final decree, including agreement of the parties, does not state that the spousal support obligation can be modified
0793141 Bruce Antoine Howard v. Commonwealth of Virginia 05/05/2015
Trial court did not err in finding evidence was sufficient to prove appellant intended to inflict a permanent injury on the victim; any error in trial court’s application of the definition of intent under the statute harmless
1037141 Willie Billups v. Commonwealth of Virginia 05/05/2015
Trial court did not err in denying appellant’s motion to suppress where officers had reasonable articulable suspicion that appellant had just engaged in criminal activity
1104143 Charles Wesley Olmstead v. Commonwealth of Virginia 05/05/2015
No error in sentence imposed upon appellant where sentence does not violate Eighth Amendment prohibition against cruel and unusual punishment and as appellant was not sentenced to life imprisonment without parole he is not entitled to a proportionality review
1253143 Daniel Elwood Buchanan, s/k/a Daniel Elwood Buchanan, Jr. v. Commonwealth of Virginia 05/05/2015
Evidence was sufficient for jury to infer appellant acted with malice when he shot and killed victim; argument regarding introduction of text messages from appellant’s cell phone waived when he introduced text messages of a similar nature on his own behalf and attempted to explain text messages introduced by Commonwealth in a light more favorable to his defense
1265142 Oscar O. Ozfidan v. Pamela L. Ozfidan 05/05/2015
Trial court did not err in its assessment of the Code § 20-107.3(E) factors; trial court erred in transferring title of appellant’s IRA to appellee, in apportioning marital debt without giving appellant a credit appellee’s counsel stated was appropriate, and in ruling it would not consider issue of spousal support despite appellant’s request to do so
1560141 Carmela M. Sarno v. George S. Sarno 05/05/2015
Summary affirmance – assignments of error raised on appeal not considered due to appellant’s failure to comply with Rules 5A:20 and 5A:25
1795143 Joshua Eugene Andrews v. Roanoke County Department of Social Services 05/05/2015
Summary affirmance – trial court did not err in denying appellant’s motion for a continuance to provide names of possible relative placement or in terminating appellant’s parental rights to his child
2202131 Marcus M. Cousin, Jr. v. Commonwealth of Virginia 05/05/2015
No error in trial court’s finding that evidence was sufficient to prove appellant was aware of the nature and character of the contents of the lunchbox in which the marijuana was found
2242144 William N. Blair v. Karin L. Blair 05/05/2015
Summary affirmance – trial court did not err in denying appellant’s motion to modify his spousal support obligation to appellee where appellant did not prove a material change in circumstances
0734142 De'Jour Davonte Reaux-King, s/k/a De'Jour Devante Reaux-King v. Commonwealth of Virginia 04/28/2015
Trial court did not err in finding evidence sufficient to prove appellant committed a direct act calculated to accomplish a robbery; conviction of attempted robbery affirmed
1997144 Guy Ferrante v. Mary Jo Krist 04/28/2015
Summary affirmance – judgment of trial court incarcerating appellant until he paid attorney’s fees and sanctions ordered by trial court affirmed
2208142 Nancy Lynn Glover v. Louisa County Department of Human Services 04/28/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child where evidence was sufficient to prove she was unable to care for her child within a reasonable amount of time despite reasonable and appropriate efforts by appellee to help remedy situation
2246141 Commonwealth of Virginia v. Willie Ray Mack 04/28/2015
Order of trial court granting suppression motion affirmed where Commonwealth did not alert trial court to argument raised on appeal that it erred in addressing motion to suppress under an incorrect standard
0572142 Christopher Wayne Butler v. Commonwealth of Virginia 04/21/2015
Trial court did not err in denying appellant’s motion to suppress evidence and statements found in a search of the vehicle in which appellant was a passenger or in denying appellant’s motion to strike evidence where evidence was sufficient to support finding appellant constructively possessed morphine found in center console
0935142 Willie Anderson Cullop v. Commonwealth of Virginia 04/21/2015
Trial court did not err in denying appellant’s motion to declare the habitual offender statute unconstitutional as applied to him where appellant suffered no due process violation and no ex post facto violation exists; evidence was sufficient to convict appellant of driving after having been declared an habitual offender
1768144 Michael Allen Luttrell v. Samantha Mary Jo Cucco 04/21/2015
Trial court did not err in denying appellant’s motion to adjust spousal support or in awarding attorney’s fees to appellee
2474133 Charleston Alexandria Williams, Jr. v. Commonwealth of Virginia 04/21/2015
Trial court erred in finding evidence was sufficient to prove value of computer was greater than $200 at the time of the theft; remanded to trial court for new trial on lesser-included offense of petit larceny if Commonwealth be so advised
1058141 Christopher Javon Norman v. Commonwealth of Virginia 04/14/2015
No error in trial court’s finding that evidence was sufficient to show appellant used force or intimidation to compel victim to leave her home against her will
1203142 Amanda C. Padula-Wilson v. Michael G. Wilson 04/14/2015
Trial court’s judgment regarding custody of parties’ children is affirmed in part, reversed in part, and remanded to trial court for further proceedings
1295142 Brian Lester Walton, Sr. v. Commonwealth of Virginia 04/14/2015
Evidence was sufficient to support jury’s conclusion that appellant’s violation of a protective order was based on a threat of violence and their decision to convict appellant under the felony provision of Code § 18.2-60.4; jury was properly instructed
1468141 Kathie Leonide Bozsik v. Charles Joseph Bozsik, et al. 04/14/2015
Trial court erred in finding appellant forfeited her right to a life estate in the residence because she obeyed the trial court’s directive in a pendente lite order; trial court’s judgments granting appellees’ demurrer, directing appellant to sign quitclaim deed, and awarding attorney’s fees and costs to appellees reversed and remanded to trial court for evidentiary hearing
1625144 Fairfax County v. Matthew Domyancic 04/14/2015
Summary affirmance – commission did not err in denying appellant’s application based on a change in condition, in finding appellant did not prove appellee’s failure to report a return to work and in denying appellant’s request to terminate the outstanding award of benefits
1628144 Fairfax County Government v. Victoria Monroe 04/14/2015
No error in commission’s finding that appellee’s lower back injury arose out of her employment and that she did not willfully violate a workplace rule or otherwise willfully commit misconduct
2012144 Fairfax County v. Matthew Domyancic 04/14/2015
Summary affirmance – no error in commission’s decision awarding appellee medical benefits and attorney’s fees
2187141 Ruiz Drywall & Cleaning Inc. and Builders Mutual Insurance Company v. Mauricio R. Morales 04/14/2015
Summary affirmance – no error in commission’s finding that appellee suffered a compensable injury and awarding temporary total disability benefits
2423134 William Austin Clark, Jr. v. Commonwealth of Virginia 04/14/2015
Trial court did not err in instructing the jury where the proposed instructions would not have assisted the jury in its deliberations; evidence was sufficient for jury to find that appellant committed an assault and battery against the officer
0149143 Antonio Figueroa v. Commonwealth of Virginia 04/07/2015
Trial court did not err in revoking appellant’s suspended sentences where prior order extending his probation was not void for lack of notice and appellant may not collaterally attack that order
0932141 Travious Marque Bailey v. Commonwealth of Virginia 04/07/2015
Trial court did not err in rejecting appellant’s hypothesis of innocence and finding evidence was sufficient to support appellant’s conviction of grand larceny
1026142 Wayne Edward Meadows, Jr. v. Commonwealth of Virginia 04/07/2015
Appellant’s arguments regarding constitutionality of Code § 18.2-370 barred by Rule 5A:18
1066141 Marius Hamilton Stafford v. Commonwealth of Virginia 04/07/2015
No error in trial court’s finding that evidence was sufficient to establish appellant had actual notice of his status as an habitual offender
1483141 Barbara Deanne Smith v. Eric Wendell Thompson 04/07/2015
No error in trial court’s finding that certain financial obligations appellant was entitled to pursuant to her written agreement with appellee upon their separation and divorce were terminated upon her remarriage as they were spousal support for purposes of Code § 20-109(D)
1793131 Raymond Nathaniel Martin v. Commonwealth of Virginia 04/07/2015
Appellant’s argument whether trial court erred in denying appellant’s motion to withdraw his guilty plea barred by Rule 5A:18 where there was no motion to withdraw the guilty plea before the trial court
1796143 Crystal Hareford v. Harrisonburg-Rockingham Social Services District 04/07/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child under Code § 16.1-283(E)(i)
2147133 Bruce Gregory Reed v. Commonwealth of Virginia 04/07/2015
No error in trial court’s finding that value of trees, whatever precise value they may have been worth, was $200 or more; conviction of grand larceny affirmed
0193143 David Lee Hutton, III v. Commonwealth of Virginia 03/31/2015
No error in trial court’s finding that evidence was sufficient to prove appellant knew the items he pawned were stolen
0726143 Randy Lee Wyant v. Commonwealth of Virginia 03/31/2015
No error in trial court’s finding that appellant made “contact” with the victim in violation of the preliminary protective order
1140141 Rayon Levelle Pork v. Commonwealth of Virginia 03/31/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant had a concealed weapon; argument regarding legality of seizure of baggy of heroin not addressed where appellant failed to assign error to trial court’s alternative holding of doctrine of inevitable discovery
1324143 Power Distribution Prodcuts, Inc. and Argonaut Insurance Company v. James Lockard 03/31/2015
No error in commission’s decision awarding appellee benefits where appellant cured his initial refusal to accept selective employment and appellee’s testimony did not bar the commission from concluding he was disabled
1382143 Southern Tank Transport, Inc. and New Hampshire Insurance Company v. Roy Hoke, Jr. 03/31/2015
No error in commission’s decision declining to terminate an open award to appellee and awarding attorney’s fees to appellee
1894142 David F. LaBrie v. Judith A. LaBrie 03/31/2015
Summary affirmance – trial court did not abuse its discretion in denying appellant’s motion to reduce or terminate spousal support and in ordering appellant to pay appellee’s attorney’s fees and costs
2252133 Robert Eli Bernard v. Commonwealth of Virginia 03/31/2015
Judgment of trial court affirmed where appellant was not deprived of his constitutional right to an impartial jury and fair trial due to statements made in presence of the venire unknown to appellant and his counsel
2421133 Crosby Windell Jones v. Commonwealth of Virginia 03/31/2015
Trial court erred in convicting appellant of unlawful wounding after specifically finding that Commonwealth failed to prove necessary element of intent to main, disfigure, disable or kill; remanded to trial court for entry of an order and sentencing on lesser-included offense of assault and battery
2449133 Raymond Curtis v. Commonwealth of Virginia 03/31/2015
Trial court did not abuse its discretion in denying appellant’s motion for a new trial and motion in limine to prevent Commonwealth from presenting evidence of appellant’s prior drug use and drug activity and introducing testimony concerning types of cocaine, a drug problem in Wise County, and the drug culture
0359142 William Roland Massey, III v. Commonwealth of Virginia 03/24/2015
No error in trial court’s finding that evidence was sufficient to prove appellant acted with the requisite intent to defraud at or before the false representations were made and received money or property belonging to victim; issue that behavior for which he was convicted did not establish requisite false representation of pretense not preserved for appeal
0536143 Matthew Raymond Shropshire v. Commonwealth of Virginia 03/24/2015
Trial court did not err in denying appellant’s motion to withdraw his no contest plea where appellant failed to proffer evidence for a reasonable basis for contesting guilt
1467141 Joyce Vick v. Hampton Roads Transit 03/24/2015
No error in commission’s denial of claim for medical benefits and compensation for temporary total disability where credible evidence supported finding that appellant’s fall did not arise out of her employment
1512144 Jeffrey M. Pope v. Jennifer D. Pope 03/24/2015
Trial court erred when it refused to clarify and modify its previous order regarding the Disney resort timeshare where Code § 20-107.3(K) allows the trial court to enter an order clarifying its previous order
1571141 Geraldine Wildner v. DBHDS/Eastern State Hospital/Commonwealth of Virginia 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1714142 Olga Randolph v. Spherion Atlantic Workforce, LLC, et al. 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1798144 Rose Mills v. Army Navy Country Club and Hartford Accident and Indemnity Company 03/24/2015
Summary affirmance – as appellant’s failure to comply with Rule 5A:20 is significant, Court will not consider appellant’s arguments
1902133 Justin Dwayne Stump v. Commonwealth of Virginia 03/24/2015
Trial court did not abuse its discretion in revoking appellant’s deferred disposition for failing to comply with the terms of the deferred disposition where appellant accepted the inherent risk that he would be incarcerated on unrelated charges and unable to comply with the terms
1908143 Alicia Lilly v. Washington & Lee and PA Manufacturers Indemnity Co. 03/24/2015
Summary affirmance – no error in commission’s finding that appellant’s neck injury was not a compensable consequence of her 1998 work-related injury
0546141 Mark Thomas Clementi v. Commonwealth of Virginia 03/17/2015
No error in trial court’s finding that California’s drunk driving statute was substantially similar to Code § 18.2-266 with regard to two of appellant’s driving under the influence convictions in that state and could be used as predicate offenses for enhanced penalty purposes
0767142 Department of Medical Assistance Services/Commonwealth of Virginia v. Ablix Corporation, d/b/a, etc. 03/17/2015
Trial court did not err in denying appellee’s request for attorneys’ fees; trial court erred in failing to apply correct standard for court review of an agency decision and in failing to vacate its final order in light of this Court’s decision in 1st Stop Health Servs. v. Dep’t of Med. Assistance Servs., 63 Va. App. 266, 756 S.E.2d 183 (2014)
1612144 Inova Loudoun Hospital and Inova Health Systems v. Najat Chemlali Goode 03/17/2015
Summary affirmance – no error in commission’s finding that appellee proved injuries to her neck and upper back, that her medical treatment and disability were causally related to her workplace accident, and that appellee had ongoing work incapacity related to the accident
1624144 Rose Ikpeme Nkong v. Ishong Nkong 03/17/2015
Summary affirmance – no error in final decree divorce granting appellee legal and primary custody of parties’ children
0070142 Dominique Tajuan Waller v. Commonwealth of Virginia 03/10/2015
Trial court did not abuse its discretion in manner in which it conducted voir dire, in finding chain of custody was adequately established, and in declining to give a duplicative jury instruction; evidence was sufficient to prove appellant’s possession of cocaine
0642142 Cornellus Lavon Oliver v. Commonwealth of Virginia 03/10/2015
No error in denial of appellant’s motion to suppress where officer had a sufficient objective basis to seize appellant by requiring him to perform field sobriety tests; evidence was sufficient to support finding that appellant drove his vehicle while intoxicated
1077141 Paul A.M. Epps v. Belinda Y. Epps 03/10/2015
Appellant’s arguments regarding attorney’s fees and imputation of income barred by Rule 5A:18; trial court did not abuse its discretion in declining to classify appellee’s military retirement pay or award appellant any part thereof where appellant failed to provide sufficient evidence for trial court to determine if there was a marital share
1568132 Chase Adam Marsh v. Commonwealth of Virginia 03/10/2015
Review of appellant’s assignment of error barred by Rule 5A:18 where appellant’s vague and generalized references to the law did not afford trial court an opportunity to intelligently rule on appellant’s objection and were insufficient to preserve issue for appeal
1952142 DBP Holding Corporation and Hartford Casualty Insurance Company v. Margarete Konupka Moore 03/10/2015
Summary affirmance – no error in commission’s finding that appellee did not refuse an offer of selective employment in January 2013 and reasonably marketed her residual work capacity after being restricted to light duty
2194132 Antonio O'Keefe Shelton v. Commonwealth of Virginia 03/10/2015
No error in trial court’s finding that evidence was sufficient to prove appellant lied about the weapon being in his hand in order to conceal that the weapon was actually hidden elsewhere on his person; conviction of misdemeanor carrying a concealed weapon affirmed
0899144 Sheila M. Velez v. Carlos M. Lizardi 03/03/2015
No error in trial court’s findings that appellant did not prove constructive fraud by clear and convincing evidence, that the terms of the agreement were not so grossly disparate as to support a finding of unconscionability, and that appellee was entitled to attorneys’ fees and costs under the terms of the agreement
1525144 Alicia Lea Thomas and Corey Bryce Hundley v. Devin Len Shrout 03/03/2015
Judgment of trial court affirmed where Court finds a timely filed transcript or written statement of facts is indispensable to a determination of the assignments of error raised on appeal
1631141 Lotoria Carlos v. City of Virginia Beach Department of Human Services 03/03/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her eleven children where appellant was unable to show that she could apply what she had been counseled to do in the best interests of the children
1676143 Michael Sean Eskridge v. Washington County Department of Social Services 03/03/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where evidence proved appellant did not substantially plan for future of child or maintain contact with child for a period of six months after child was placed in foster care
2217144 Clifton Lewis Flora, III v. Shenandoah County Department of Social Services 03/03/2015
Summary affirmance – no error in trial court’s finding that termination of appellant’s parental rights to his child was in child’s best interests
1786143 Commonwealth of Virginia v. Barbara Ann Keen 03/02/2015
Judgment of trial court dismissing indictments against appellee for speedy trial violation affirmed where nothing in record provides basis to conclude trial court erred in holding appellee’s statutory right to a speedy trial had been violated
0903144 Soudabeh White v. Malcolm White 02/24/2015
No error in trial court’s decision to register the foreign custody order under the UCCJEA or to award appellee, the prevailing party in the registration litigation, his attorneys’ fees and costs
1005144 Wara Wara, Inc., t/a Wara Wara v. Virginia Department of Alcoholic Beverage Control 02/24/2015
Trial court did not err in upholding decision of appellee that appellant violated ABC regulations when it served alcohol after 2:00 a.m. and that appellant violated ABC regulations by selling two or more drinks for one price
1100142 Charter Oak Fire Insurance Company v. Gregory Morgan and Sandra Caudill 02/24/2015
No error in commission’s awards of benefits to appellees where it found their injuries were compensable because they arose out of their employment
1582141 Sophia Marquita Shadley v. Norfolk Department of Human Services 02/24/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child pursuant to Code § 16.1-283(B) and (C)(2)
1691132 Latoya Yvette Wilson v. Commonwealth of Virginia 02/24/2015
Trial court did not err in denying motion to suppress where officer had reasonable suspicion of a violation of Code § 46.2-848 sufficient to conduct a traffic stop of the vehicle in which appellant was a passenger; conviction of possession of marijuana with intent to distribute affirmed
1759143 Suzanne Coffman v. Virginia Mennonite Retirement Community and Wausau Business Insurance Company 02/24/2015
Summary affirmance – no error in commission’s finding that appellant failed to prove her leg symptoms were a compensable consequence of her workplace accident
0533142 Robin Vince, s/k/a Robin Renee Vince v. Commonwealth of Virginia 02/18/2015
Trial court did not abuse its discretion in allowing expert to testify where that testimony did not invade province of fact finder by testifying to the ultimate issue of fact; trial court’s error in allowing expert witness to remain in courtroom during appellant’s testimony harmless
0837144 Courtney E. Blakey v. University of Virginia Health System/Commonwealth of Virginia 02/18/2015
Error in commission’s award of benefits based on a 43% impairment rating of appellant’s upper extremity where no credible evidence in the record supported that finding
1030143 Heather Amber French v. Roanoke City Department of Social Services 02/18/2015
No error in trial court’s finding that termination of appellant’s parental rights to her children was in their best interests
1790142 Drug Transport, Inc. and New Hampshire Insurance Company v. McCarter Williams 02/18/2015
Summary affirmance – commission did not err in awarding appellee medical benefits for a neck injury where it found doctrine of res judicata did not bar recovery
1952132 David Lee Washington v. Commonwealth of Virginia 02/18/2015
No error in trial court’s finding that evidence was sufficient to prove appellant procured a controlled substance by concealment of a material fact; appellant’s assertion that trial court relied on statements that had been properly excluded is without merit
1744144 Commonwealth of Virginia v. Abdul Rahman Cole 02/13/2015
Trial court erred in granting appellee’s motion to suppress where trial court applied wrong legal standard in assessing the constitutionality of the jail’s strip search policy
0025144 Bernard Vernon West v. Commonwealth of Virginia 02/10/2015
No error in trial court’s revocation of appellant’s suspended sentence where it retained jurisdiction over the case and could revoke the balance of the suspended sentence for the relevant probation violations
0543142 Sheila Juanita Somerville, s/k/a Shelia J. Somerville v. Commonwealth of Virginia 02/10/2015
No error in jury’s determination that evidence was sufficient to prove appellant used a substance proscribed by Code § 18.2-312 to cause bodily injury
0834142 Mark Lowe v. Commonwealth of Virginia, et al. 02/10/2015
Appeal dismissed as moot where order appealed from was vacated by trial court
1099144 Anthony Arthur Sabio v. Maribelle Bautista Sabio 02/10/2015
Trial court erred in finding term “marital share” was ambiguous and in admitting parol evidence; trial court did not abuse its discretion in refusing to award appellant attorney’s fees that he incurred in litigating the erroneously awarded pendente lite attorney’s fees
1298142 Mark Lowe v. Commonwealth of Virginia, et al. 02/10/2015
Summary affirmance – trial court did not err in granting appellee’s motion to dismiss appellant’s motion to amend his child support obligation and holding that appellant’s child support obligation remained at $1,074 per month
1540143 Travis Conley Jones v. Bristol Department of Social Services 02/10/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child
1736133 Carter W. Matney, s/k/a Carter Wayne Matney v. Commonwealth of Virginia 02/10/2015
Argument that trial court erred in refusing to grant appellant’s request to be resentenced by a jury barred by Rules 5A:18 and 5A:12; appellant’s mandatory minimum sentence of two years for possession of a firearm by a non-violent felon affirmed
1979142 Kiva Williams-Kemp v. Prince Edward Department of Social Services 02/10/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to his child where evidence showed it was in child’s best interests and it was not reasonably likely that appellant could substantially remedy or correct abuse or neglect leading to child’s removal within a reasonable period of time
2210132 Gianna Biancha Cicilese v. Commonwealth of Virginia 02/10/2015
Trial court erred in finding evidence was sufficient to prove appellant conspired with another to distribute marijuana on August 10, 2012; conviction of conspiracy to distribute marijuana reversed and dismissed
1074144 John Paul Jones v. Loudoun County 02/03/2015
No error in commission’s denial of benefits for appellant’s right forearm and right hand where evidence did not prove they were causally related to the work-related accident
1093141 Full Circle Concepts II, LLC v. Lamont Cherry, et al. 02/03/2015
Commission did not err in declining to apply doctrine of equitable estoppel where appellant’s reliance on any misrepresentations was not warranted or justified; holding that insurance company complied with Code § 65.2-804(B) affirmed where it met its burden of showing actual receipt of notice of cancellation
1282141 Estate of Jose Fidel Arroyo v. Carlos Ramirez and Auto Owners Insurance Company 02/03/2015
No error in commission’s findings that the evidence failed to establish that the injury to Arroyo arose out of his employment and that the presumption found in Code § 65.2-105 was inapplicable in this case
1545131 Torrey Lavell Washington v. Commonwealth of Virginia 02/03/2015
No error in trial court’s denial of appellant’s motion to strike where sufficiency of the evidence was a question for the jury and the jury weighed the conflicting evidence and made a factual determination of expert credibility
1791133 Brandon Valentin v. Commonwealth of Virginia 02/03/2015
No error in trial court’s finding that evidence was sufficient to prove that appellant acted with the requisite intent to attempt to engage in anal intercourse with the victim and that he committed a sufficient act in furtherance of that intent
0226141 Tyron Gilliam v. Commonwealth of Virginia 01/27/2015
Trial court did not err in denying appellant’s motion to suppress where officer had reasonable, articulable suspicion that appellant was engaged in unlawful activity
0267143 Jamal Kemo Saunders v. Commonwealth of Virginia 01/27/2015
No error in appellant’s conviction of possession of a firearm by a convicted felon under Code § 18.2-308.2(A)(iii) where evidence was sufficient to prove object appellant possessed was a firearm and record fails to rebut presumption that trial court applied the correct law regarding definition of a firearm
0475143 Roger Smith v. Dominion Technical Solutions and Virginia Electric and Power Company 01/27/2015
Decision of commission affirmed except insofar as it pertains to finding that appellant was not entitled to temporary total disability benefits after January 29, 2013
0529144 Brodrick C. Aratoon v. Cheryl Roberts 01/27/2015
No error in trial court’s decision terminating appellee’s spousal support obligation to appellant; trial court erred in finding appellant’s counsel in contempt and in appointing a guardian ad litem to represent appellant
0839144 Hawa Coulibaly v. Arlington Department of Human Services, et al. 01/27/2015
Summary affirmance – trial court did not err in dismissing appellant’s petition for appeal where it was not timely filed and court had no authority to extend the filing deadline
1161142 J. L. Kent & Sons, Inc., et al. v. Richard Kilby 01/27/2015
No error in commission’s finding that appellee’s claim relating to his bilateral sacroiliac joints was not barred by the statute of limitations despite such claim not being filed within two years of the date of the compensable accident
2091134 Mark Holmes v. Culver Design Build, Inc. and Virginia Board for Contractors 01/27/2015
Trial court did not err in dismissing appellant’s petition for appeal as appellant was not aggrieved by the Board’s finding and lacked standing to appeal the Board’s decision
1149143 Jason Lafia v. Roanoke City Department of Social Services 01/20/2015
No error in trial court’s finding that appellee presented clear and convincing evidence that termination of appellant’s parental rights to his child was in child’s best interests and that appellee proved statutory requirements of Code § 16.1-283(E)
1271144 Shonda Renee Lindsey v. Stafford Department of Social Services 01/20/2015
Summary affirmance – trial court did not err, based upon totality of the evidence, in terminating appellant’s parental rights to her child
1782143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1783143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1784143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1785143 Salena Nichole Showers v. Shenandoah Valley Department of Social Services 01/20/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her children after finding it was in the children’s best interests to do so; appellant’s arguments regarding statement of facts barred by Rule 5A:18
1827134 Robert E. Roy v. Commonwealth of Virginia 01/20/2015
Trial court did not err in conditioning appellant’s suspended sentence on indefinite periods of good behavior and supervised probation
0754141 Rhonda Kirschmann v. Dolly Kirschmann 01/13/2015
Judgment of trial court awarding custody of child to appellee affirmed where appellant’s assignments of error were not preserved pursuant to Rule 5A:18 and as appellant’s failure to comply with Rule 5A:20(e) is significant, Court will not consider her assignments of error
0999144 Dwight Thomas Grant, II v. Allison Joy Quigley 01/13/2015
Summary affirmance – trial court’s order awarding sole custody of parties’ children to appellee and ordering appellant to have no contact with children unless approved by the children’s health care providers and the guardian ad litem affirmed
1310143 Jennifer Dawn Carwile v. Department of Social Services for Campbell County 01/13/2015
Summary affirmance – trial court did not err in terminating appellant’s parental rights to her child
1325143 Eric Eugene Black v. Department of Social Services for Campbell County 01/13/2015
Summary affirmance – trial court did not err in terminating appellant’s parent