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Monthly Archives: December 2004

MCBRIDE v. MCBRIDE

Trial court did not err in valuing and dividing certain marital accounts, in granting wife a portion of husband's pretrial military retirement pay, in failing to classify and value certain marital personal property, and in awarding wife a protective order; trial court abused its discretion in awarding certain separate personal property to wife

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IN RE: PIERCE

Petition for writ of actual innocence dismissed where petitioner alleges testing of destroyed swabs would prove his innocence as "human biological evidence may not be used as the sole basis for seeking relief.

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TUCEK v. COMMONWEALTH

Trial court did not err in convicting appellant for violating the sex offender registration requirements as appellant lacks standing to advance the constitutional claim raised at trial and asserted on appeal

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WILKINS v. GEORGIA-PACIFIC CORPORATION

Summary affirmance - no error in commission's denying appellant's claim for compensation for temporary total disability benefits and for medical benefits as appellant failed to sustain his burden of establishing a reasonable excuse for his failure to give timely notice of his accident to his employer

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ALDRIDGE v. COMMONWEALTH

Trial court did not err in finding that the detectives acted appropriately and in accord with the protections of Miranda, in determining that the Commonwealth presented sufficient evidence of the corpus delicti of homicide, and in finding evidence sufficient to show that appellant acted with premeditation and malice

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HEADLEY v. JEWELL

Summary affirmance - this appeal is dismissed and issues raised on appeal concerning custody and visitation are moot as parties' son is now eighteen years old and no longer a minor

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ROSS v. COMMONWEALTH

Trial court did not err in denying appellant's suppression motion as the officer acted within the discretion afforded him under Code Section 19.2-74(A)(1)

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BROWN v. CITY OF DANVILLE

Trial court did not err in convicting appellant of obstructing justice or in considering "all [of] the circumstances" including evidence that may have been subject to the motion to suppress as the exclusionary rule does not apply during sentencing proceedings

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FOSTER v. COMMONWEALTH

No error in trial court's application of the five-year statute of limitations to appellant's misdemeanor violation of the bad check statute

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CARY v. COMMONWEALTH

Trial court erred in excluding evidence of the victim's prior threats, and violence toward appellant, and in rejecting appellant's jury instructions on self-defense, right to arm, voluntary manslaughter and heat of passion

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PORTER v. MARTIN

Trial court did not err in retaining jurisdiction to adjudicate equitable distribution as appellant failed to timely object to the entry of the order retaining jurisdiction

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BRUMFIELD v. COMMONWEALTH

Trial court did not err in convicting appellant of petit larceny when appellant was indicted for aiding and abetting third offense larceny as a principal in the second degree, as petit larceny is a lesser-included offense of a violation of Code Section 18.2-104

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PRESBURY v. COMMONWEALTH

Trial court did not err in concluding that it had no discretion in sentencing appellant in firearm offense as the law in effect at the time of offense determines the penalty the trial court must impose

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DAVIS v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant's conviction for assault on a police officer where evidence proved officer was engaged in performance of his public duties

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IN RE: LIMA

Petition for writ of actual innocence dismissed as petitioner did not proffer evidence that was previously unknown or unavailable as required by Code Section 19.2-327.11

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IN RE: JOSHUA

Petition for writ of actual innocence dismissed where petitioner alleges DNA testing of destroyed swab would prove his innocence as "human biological evidence may not be used as the sole basis for seeking relief"

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VARNER v. COMMONWEALTH

No error in trial court's admitting the certificate of analysis as evidence proved that appellant was arrested for DUI within three hours of the offense

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EDMOND v. COMMONWEALTH

Issue raised by appellant is moot as the trial court unquestionably did exactly what appellant claims the trial court should have done

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COLES v. COMMONWEALTH

Trial court erred in convicting appellant of escape by force from the custody of a police officer as evidence failed to establish that appellant was taken into custody "on a charge of criminal offense" as required by statute

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IN RE: BARRON

Petition for a writ of actual innocence dismissed where petitioner did not prove by clear and convincing evidence that "the previously unknown or unavailable evidence is not merely cumulative, corroborative or collateral"

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WADE v. COMMONWEALTH

Trial court did not err in denying appellant's motion to suppress as appellant was not in custody for purposes of Miranda when she made her pre-arrest statements; appellate review of the certificate of blood alcohol analysis is procedurally barred pursuant to Rule 5A:18

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SHREVE v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to convict appellant of driving without a valid license as appellant's suspended license was not a "valid" license under Code Section 46.2-300

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KEY v. KEY

Trial court erred in holding that it had continuing jurisdiction to consider the issue of custody and in awarding father custody as trial court lacked authority based soley on its April 22, 2003 order to exercise continuing jurisdiction over the child custody matter

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BROCK v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant's conviction for possession of cocaine with intent to distribute

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LEWIS v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to prove that appellant possessed heroin; trial court did not abuse its discretion in permitting the Commonwealth to pose the challenged hypothetical to its expert witness

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HOYT v. COMMONWEALTH

Trial court erred in denying appellant's motion to strike the abduction and related firearm charge as the abduction was incidental to appellant's commission of robbery

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HOLLAND v. HOLLAND

Summary affirmance - trial court did not abuse its discretion in its spousal support award or in refusing to award appellant her attorney's fees

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BOEDEKER v. LARSON

No error in trial court's decision that a portion of husband's military career status bonus was marital property subject to division under the parties' separation agreement

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MCBRIDE v. COMMONWEALTH

Court finds invited error doctrine precludes review of issue of whether trial court erred in not instructing jury on without the use of force in appellant's convictions of carnal knowledge

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SCOTT v. SCOTT

No error in trial court's decision to classify condo as wholly marital property and to distribute it evenly between the parties; no abuse of discretion in the trial court's distribution of a tax refund or award of attorney fees to appellee

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MELTON v. ATLANTIC GROUP, INC., et al.

No error in commission's determinations that employer's change-in-condition application for termination of benefits complied with the Rules, that claimant failed to market his residual work capacity and that employer's failure to grant claimant's request for vocational rehabilitative services did not relieve claimant from marketing his residual work capacity

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