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Monthly Archives: July 2004

FARNSWORTH v. COMMONWEALTH

No error in trial court's finding that appellant's West Virginia conviction was proper predicate conviction for possession of a firearm by a convicted felon charge

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BROWN v. COMMONWEALTH

Trial court erred in convicting appellant of driving under the influence and reckless driving arising out of same act of driving

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TINDALL v. TINDALL

Summary affirmance - No error in trial court's finding that appellant did not prove change in circumstances and denial of motion to reduce spousal support

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JONES v. COMMONWEALTH

Trial court did not err in denying motion to suppress and finding that police did not violate appellant's Fourth Amendment rights

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CHARLES v. COMMONWEALTH

As appellant did not prove ends of justice exception to Rule 5A:18, trial court finding that appellant not entitled to credit towards sentence for time spent in detention center program affirmed.

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TRUE v. TRUE

Summary affirmance - No error in trial court's denial of motion to refer parties' divorce case back to commissioner for second hearing because appellant did not have legal representation at first hearing

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HODGES v. COMMONWEALTH, et al.

Trial court's decision upholding administrative support order requiring appellant to reimburse Divison for benefits extended on behalf of her minor child affirmed; Code Section 63.2-1908 does not preclude assessment of debt against appellant

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STALLINGS v. COMMONWEALTH

Violation of peace bond and forfeiture of bond penalty affirmed where no transcript or statement of facts filed and Court cannot determine whether evidence supported violation of terms; Rule 5A:18 precludes argument on whether trial court used incorrect evidentiary standard

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MILLNER v. MILLNER (55315)

As trial court erred in interpretation of antenuptial agreement, issue of equitable distribution reversed; trial court's classification of items and failure to reserve spousal support affirmed

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MILLNER v. MILLNER

As trial court erred in interpretation of antenuptial agreement, issue of equitable distribution reversed; trial court's classification of items and failure to reserve spousal support affirmed

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GONZALES v. COMMONWEALTH

Trial court erred in admitting evidence of similar crimes to show intent during commission of rape and forcible sodomy as intent not element of crime charged

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HITT v. COMMONWEALTH

Conviction for statutory burglary reversed and dismissed where Court finds that definition of dwelling house does not extend to include rooms or compartments within a private dwelling house which do not constitute separate residences in and of themselves

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MOORE v. COMMONWEALTH

No reversible error in trial court's limitation on appellant's cross- examination of witness about potential bias stemming from federal plea agreement

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CREEKMORE v. COMMONWEALTH

No reversible error found in trial court's decision to admit evidence of appellant's prior drug sales to convicted felon assisting in drug investigation

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YOUNG v. COMMONWEALTH

Conviction of statutory burglary affirmed under Rule 5A:18 where appellant did not argue at trial that evidence was insufficient to prove entry into garage in nighttime

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INDIANA INSURANCE GUARANTY ASS'N V. GROSS

Defendant's motion to dismiss appeals from two orders entered by the State Corporation Commission is appropriate because the orders appealed from are not final. The motion is granted and the appeals are dismissed without prejudice.

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RODRIGUEZ-HAZBUN v. ESCAF

Summary affirmance - no error in trial court's finding that order appealed from juvenile court was not a final order and that it lacked jurisdiction to entertain appeal

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YOPP v. HODGES

Court finds that appellant's failure to serve guardian ad litem is not fatal in this case as Hughes is disinguishable; Court finds on merits that trial court did not err in awarding visitation to maternal grandparents

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