Home / 2004 / March

Monthly Archives: March 2004

Orbe v. Johnson

The trial court did not err in refusing injunctive relief staying appellant's execution because it lacked power to grant such relief and because a declaratory judgment action could not serve as the vehicle for obtaining such relief, due to the removal of appellant's claimed constitutional issues from actual controversy by operation of a statute under which he was deemed to have selected the method of his execution. Appellant's appeal and his request for a stay of execution are denied.

Read More »

Orbe v. Johnson

The trial court correctly dismissed appellant's declaratory judgment action seeking an adjudication that Virginia's lethal injection protocol violates the Constitution of Virginia and a permanent injunction preventing the use of such protocol in carrying out his execution where appellant was deemed, by operation of statute, to have selected lethal injection rather than electrocution as the method of his execution. Appellant's petition for appeal and motions attendant thereto are denied.

Read More »

Orbe v. Warden

A petition for writ of habeas corpus attempting to challenge the constitutionality of Virginia's lethal injection protocol is dismissed for lack of jurisdiction where the petition failed to challenge petitioner's death sentence and either the fact or the duration of petitioner's imprisonment, and did not seek a determination that petitioner was entitled to an immediate or speedier release.

Read More »

Booker v. COMMONWEALTH

Upon rehearing en banc, the trial court did not err in refusing to allow defense counsel to question a witness about pending charges.

Read More »

Perry v. Perry

Summarily affirm: The evidence is sufficient to support the trial court's decision awarding husband a divorce on the ground of a one-year separation.

Read More »

Massa v. Massa

The trial court did not err in its award of spousal support to wife;denying husband's request to impute income to wife; and denying attorney's fees to either party.

Read More »

Jordan v. Jordan

The trial court considered wife's current needs and husband's current ability to pay prior to modifying the amount of spousal support, no error or abuse of discretion in the trial court's award.

Read More »

Payne v. COMMONWEALTH

The first two issues are procedually barred. The third issue, the trial court did not abuse its discretion in admitting the contested testimony.

Read More »

Harris v. Harris

The evidence was sufficient to retrace the husband's separate property,and, therefore, the trial judge's decision is reversed.

Read More »

Branch v. COMMONWEALTH

No error in trial court's determination of guilt, appellant was convicted of a felony and thereafter, knowingly and intentionally purchased, and consequently possessed, the firearm.

Read More »

McDonald v. Minton

Summarily affirmance: No error in the award of attorney's fees to appellee;case remanded to determine proper amount of the award

Read More »

Abshire v. COMMONWEALTH

Evidence was sufficient to prove appellant's conduct was deliberate, willful, and so gross and wanton as to show a reckless disregard for human life.

Read More »

Ash v. Ash

Appellant failed to meet her burden to overcome the presumption that the severance package was entirely husband's separate property

Read More »

Holohan v. Holohan

The trial court did not err in the amount of its award of spousal support to wife, in determining the child support award, and in its denial of attorney's fees to wife

Read More »

Reeves v. COMMONWEALTH

Appellant failed to prove an irregularity in the impaneling of the jury panel, the trial court did not err in denying his motion for a new trial.

Read More »

Benthall v. Benthall

The trial court abused its discretion in reducing the spousal support award;reverse trial court decision and dismiss appellee's petition to modify spousal support

Read More »

Floyd County School Board, et al v. Woolwine

Summary affirmance: No error in commission's decision finding appellee's condition and treatment are related to injury by accident, naming his authorized treating physicians and making any referrals by those physicians employer's responsiblity.

Read More »

Feldman v. Feldman

As spousal support must be determined before child support obligation is determined, judgment of trial court is reversed and appellee's petition to modify spousal support is dismissed.

Read More »

McNeese v. Taylor

Summarily affirm the decision of the trial court;remand the case for a determination of husband's attorney's fees and costs incident to this appeal.

Read More »

Finnerty v. Thornton Hall, Inc.

The trial court, therefore, correctly found that DMAS failed to make its initial determinations within the four-year limitation period set forth in Code § 32.1-325.1:1(B).

Read More »

Bragg v. COMMONWEALTH

Evidence supports the trial court's finding that appellant entertained a separate and distinct intent to commit the various acts of embezzlement.

Read More »
Scroll To Top