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Monthly Archives: November 2004

SHARPE v. COMMONWEALTH

Trial court did not err in denying appellant's motion to suppress as appellant failed to establish a legitimate expectation of privacy

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ESQUIBELE v. COMMONWEALTH

Trial court did not err by amending appellant's indictment as permitted under Code Section 19.2-231 as the modification did not change the general nature or character of the crime charged

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MAYE v. COMMONWEALTH

No error in trial court's determination that police executed a search warrant in compliance with the "forthwith" requirement of Code Section 19.2-56 or in finding evidence sufficient to support appellant's convictions for possession of a firearm and possession of cocaine with intent to distribute

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BOLDEN v. COMMONWEALTH

Trial court did not err in finding that sufficient evidence supports appellant's conviction for driving after having been adjudicated an habitual offender

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PERRY v. DELISLE, et al.

Commission erred in finding evidence sufficient to conclude that appellee did not regularly employ three or more persons and was not within the coverage of the Workers' Compensation Act

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CIRRITO v. CIRRITO

Trial court did not err in determination that appellant had the burden to prove the cause of an increase in value of assets and in finding that jointly titled property was not gifted; trial court did err in determination of payment to appellee pursuant to a non-compete agreement, in refusing to award child support retroactive, and in ordering appellant to produce expert reports

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MCALEVY v. COMMONWEALTH

Trial court did not err in finding removal of stolen property by an innocent purchaser can be imputed to appellant to satisfy asportation element of grand larceny

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CHERRY v. COMMONWEALTH

Trial court did not err as probable cause and exigent circumstances existed to permit a warrantless entry of the residence to prevent the destruction of evidence and to effect the warrantless seizure of that evidence

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ORNDORFF v. COMMONWEALTH

Trial court erred in refusing to grant appellant a new trial based on after-discovered evidence that appellant suffered from a psychiatric disorder that rendered her legally insane at the time of the offenses

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STOROZUM v. CHERNIN

Trial court erred in finding appellant guilty of criminal contempt and in imposing attorney's fees as a sanction; no error in trial court's arrearage award or refusal to require appellant to pay pro-rata share of medical expenses

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DOROUGH v. DOROUGH

No error in trial court's decision to reduce child support payments, as trial court found the appellee was neither voluntarily unemployed nor underemployed

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IN RE: ADAMS

Petition for a Writ of Actual Innocence dismissed where petitioner has proffered no evidence that was previously unknown or unavailable as required by Code Section 19.2-327.11

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NAVARETTE-RAMOS v. COMMONWEALTH

Appellant's conviction of recruiting a juvenile to partipate in or become a member of a criminal street gang affirmed under Rule 5A:18 where issue raised on appeal was not raised in trial court

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ACHESON v. COMMONWEALTH

Trial court did not err in admitting certificate of analysis from appellant's blood alcohol test and in finding evidence sufficient to convict appellant of driving under the influence

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COMMONWEALTH v. HILL

Trial court erred in granting appellee's motion to suppress as evidence was obtained pursuant to a valid search within an area subject to appellee's immediate control

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GILLILAND v. GILLILAND

Summary affirmance - no error in trial court's decision concerning equitable distribution award or in award of attorney's fees to appellee related to appellant's motion for reconsideration

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YIP v. YIP

Summary affirmance - as appellant's opening brief does not meet the requirements of Rule 5A:20, Court finds appellant's questions presented do not warrant appellate consideration

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GRUETTNER v. GRUETTNER

Trial court did not err in granting a divorce on the basis of husband's desertion or regarding spousal support and attorney's fees awards

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NEELY v. COMMONWEALTH

Trial court erred in finding that it did not have jurisdiction under Code Section 19.2-303 to consider a motion to modify sentence while the defendant was in the custody of the Federal Bureau of Prisons; trial court also erred in ruling that Rule 1:1 deprived it of jurisdiction to entertain defendant's motion to modify his sentence.

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HARRISON v. COMMONWEALTH

Trial court did not err in ordering that the sentences run consecutively when the jury requested that they run concurrently; outcome of case deterimined by statutory mandate of Code Section 19.2-308.

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FRIMPONG v. COMMONWEALTH

Appellant's conviction for first-degree murder is affirmed; because Walshaw v. Commonwealth, 44 Va. App. __, 2004 Va. App. LEXIS 483, at * 13 (2004), governs this case, appellant's challenge to the statutory short-form indictment is rejected.

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ELEY v. COMMONWEALTH

Trial court did not err in admitting the juvenile court petition to prove the age of the minor to whom appellant distributed cocaine; even if the arresting officer's testimony regarding appellant's age was erroneously admitted it was harmless error; other evidence provided sufficient grounds from which the trial court could deduce appellant's age.

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HAR-LEE COAL COMPANY, et al. v. MULLINS

The commission did not err in finding that claimant met his burden of proof as the finding is supported by credible evidence and reasonable inferences drawn from the evidence; employer's due process rights were not violated and commission did not err in denying motion to vacate the review opinion and remand the case for further proceedings; doctrine of imposition does not apply.

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MEDLIN v. COMMONWEALTH

Trial court did not err in finding that the evidence was sufficient to prove that appellant used the vehicle in question without authority.

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AKERS v. FAUQUIER COUNTY DEPARTMENT OF SOCIAL SERVICES

No error in trial court's order terminating appellant's parental rights to child; trial court did not err in ruling that DSS did not have to afford appellant services after goal changed to adoption; trial did not err in finding that the requirements of Code Section 16.1-382(C)(1) and (2) were proved; trial court did not err in considering child's preferences.

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SMITH v. COMMONWEALTH

Trial court did not err in denying appellant's motion to withdraw guilty plea; credible evidence supports the trial court's denial of the motion

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DAVENPORT v. G.D.C., INC.

Trial court applied an incorrect standard in making its determination; the trial court was required to determine under the Virginia Overhead High Voltage Line Safety Act whether the hazard was "open and obvious" and whether G.D.C., Inc. "knew or should have known of the problem [or practice or condition] on the worksite that resulted in [employee's] death."

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WINSTON v. COMMONWEALTH

No error is found in review of three counts of capital murder and related felony convictions. Issues concerning appointment of defense experts, seating and removal of jurors, admission of evidence, in-court identification testimony, jury instructions and verdict forms, malice, concerted action/joint participation, depravity of mind, lesser included offenses, as well as sufficiency of the evidence, double jeopardy, and mental retardation issues are considered. Sentence proportionality issues are also addressed. The defendant's convictions and death sentences are affirmed.

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