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Monthly Archives: February 2005

MOORE v. COMMONWEALTH

Trial court erred in denying appellant?s motion to suppress as appellant?s arrest violated Code Section 19.2-74, which only authorized issuance of a citation, and evidence obtained as a result of the search, which was, in effect, conducted pursuant to issuance of a citation, should have been suppressed

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MORRIS v. COMMONWEALTH

Trial court did not err in convicting appellant of robbery, use of a firearm in the commission of a felony, and possession of a firearm by a convicted felon; as appellant was not twice punished for one criminal act nor punished for a crime that is a lesser-included offense of another, appellant?s convictions do not violate the protections against double jeopardy

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SHELTON v. COMMONWEALTH

Trial court did not err in admitting into evidence the certificate of blood analysis; as the appellant was afforded the opportunity to view the results of the breath test, the requirements of Code Section 18.2-268.9 were substantially met

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RANDOLPH v. COMMONWEALTH

This appeal is dismissed for lack of jurisdiction as the trial court?s order of Jan. 8, 2004 does not constitute a final judgment of conviction

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BEAZLEY v. COMMONWEALTH

Trial court did not err in convicting appellant of three counts of taking indecent liberties with a child in violation of Code Section 18.2-370.1 as evidence was sufficient to prove appellant exercised a supervisory or custodial relationship over the children

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HARRIS v. COMMONWEALTH

Arguments raised on appeal are barred by Rule 5A:18 as the arguments appellant raised on appeal are not the same arguments advanced at trial

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NELSON v. PETERSBURG DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in finding credible evidence to support termination of appellant?s residual parental rights to each of the children as being in their best interests and in admitting testimony by the court-appointed special advocate assigned to the case

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BROWN v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress evidence seized from him as the officer had probable cause to arrest appellant for possession of prohibited drugs and the subsequent search of his person pursuant to that arrest was lawful; no error in trial court?s finding that the evidence was sufficient to support appellant?s conviction for possession of heroin

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GRETHEN v. GRETHEN

Trial court erred in not appointing a committee for appellant prior to the equitable distribution determination as appellant was a prisoner and was entitled to a committee before the trial court awarded a distribution of property; all other issues raised on appeal are procedurally defaulted

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JOHNSON v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to withdraw his guilty plea; as appellant failed to timely object to the trial court?s sentencing proceedings and to carry his burden of showing ?clear, substantial, and material? error, appellant is barred from raising issue on appeal

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MILLER v. COMMONWEALTH

Trial court did not err in ruling that the County?s zoning ordinance is valid, the County had not unlawfully withheld certificates of occupancy; judge?s failure to sign conviction order did not deny appellant his right to due process; judgment of conviction for occupying a structure without an occupancy permit was a valid act as the order met the requirement of Code Section 17.1-123(A)

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BROOKS v. COMMONWEALTH

Trial court did not err accepting an unsigned circuit court order as proof of a prior conviction as the conviction order was properly authenticated by the clerk pursuant to Code Section 8.01-389(A); evidence was sufficient to convict appellant of driving while under the influence of alcohol, third offense within ten years

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HELMICK v. SPRONG, et al.

Trial court did not err in prohibiting great-grandparents from taking child to visit appellant in prison and denying appellant access to child?s medical records

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PORTER v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant?s convictions for possession of cocaine and possession of heroin

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ROSS v. COMMONWEALTH

Trial court erred in finding the Circuit Court of Portsmouth had venue to try appellant for eluding the police as appellant did not receive a ?visible or audible signal? from the officer within the jurisdiction of Portsmouth and no factual evidence supports a finding that the completed offense occurred within one mile of the corporate limits of Portsmouth

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ANTHONY GLEN BURNETTE v. VERA MAE BURNETE (113876)

Summary affirmance - trial court did not err in requiring appellant to pay appellee one-half of the difference in price between an offer to buy the marital home and the actual sale price to someone else, and one-half of the real estate commission to sell the house

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JOSEPH CORNELL GRAY v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to convict appellant of possession of a firearm while in possession of a controlled substance and possession with intent to distribute heroin

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KIANA TONYE BROWN v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant?s convictions of disorderly conduct, misdemeanor battery and felony battery of a law enforcement officer; because the officers had probable cause to arrest appellant, she had no right to use force to resist the lawful arrest

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BURNETTE v. BURNETE

Summary affirmance - trial court did not err in requiring appellant to pay appellee one-half of the difference in price between an offer to buy the marital home and the actual sale price to someone else, and one-half of the real estate commission to sell the house

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GILBERT v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant?s conviction of assault and battery on a law enforcement officer

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SPROUSE v. COMMONWEALTH

No error in trial court?s finding evidence sufficient to support appellant?s conviction of possession of a firearm while simultaneously possessing cocaine

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NEWBERGER v. TRAVILIAN HOMES, INC., et al.

Summary affirmance - commission did not err in finding that appellant failed to prove that his condition/disability after December 9, 2002, was causally related to his compensable October 31, 2002 injury by accident

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