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Monthly Archives: May 2005

GEORGE FISHER ROBINSON v. ELISA KENTY ROBINSON

Trial court erred when it classified the parties? assets as marital property notwithstanding its conclusion that appellant sustained his burden of proving retraceability; equitable distribution award reversed in its entirety and case remanded to trial court

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JACK M. PARRISH, III v. DIANE D. PARRISH

Trial court did not err in refusing to admit parol evidence on the issue of whether appellant intended to gift his premarital separate property interest in the marital home and in granting attorney?s fees to wife

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GARY LEE PANCIONE v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the court found the officer was acting as a private citizen

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NELSON COUNTY SCHOOLS, et al. v. WOODSON

Commission did not err in concluding that appellee could recover medical benefits notwithstanding her failure to specifically request medical benefits in her application to the commission

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ROBINSON v. ROBINSON

Trial court erred when it classified the parties? assets as marital property notwithstanding its conclusion that appellant sustained his burden of proving retraceability; equitable distribution award reversed in its entirety and case remanded to trial court

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JACKSON v. JACKSON

Summary affirmance ? no error in trial court?s denial of appellant?s bill of complaint

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PARRISH, III v. PARRISH

Trial court did not err in refusing to admit parol evidence on the issue of whether appellant intended to gift his premarital separate property interest in the marital home and in granting attorney?s fees to wife

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TROGDON v. COMMONWEALTH

No error in the jury finding appellant guilty of object sexual penetration of a child under the age of thirteen years

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TRAINER v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to prove beyond a reasonable doubt the elements of assault

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PANCIONE v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the court found the officer was acting as a private citizen

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WILLIAMSON v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF SOCIAL SERVICES, et al.

Summary affirmance ? trial court did not abuse its discretion in denying appellant?s appeal of the juvenile and domestic relations district court?s decision as the evidence failed to show that appellant?s inability to pay child support was ?not due to his own voluntary act? in committing a crime, which resulted in his incarceration

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TAKELE v. COMMONWEALTH

Trial court did not err in convicting appellant of petit larceny of a library book as evidence was sufficient to prove asportation of the book

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HAGA v. SCHLOSBERG

Summary affirmance ? trial court did not err in granting the adoption petition as the evidence supports the trial court?s findings that appellant withheld consent contrary to the best interests of the child and that her continued relationship with the child would be detrimental

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RHODES v. COMMONWEALTH

No error in trial court?s decision, following appellant?s violation of the terms and conditions of his suspended sentences, to effectively impose an active sentence of two years in prison rather than permit appellant to participate in the detention center and diversion center programs

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GAFFNEY v. GAFFNEY

Trial court erred in deciding the parties had entered into a valid and binding property settlement agreement

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MERCER v. SUPPORT SERVICES OF VIRGINIA, INC., et al.

Summary affirmance ? commission did not err in finding that claimant?s claim for additional wage loss compensation was barred by the two-year time limitation and that she was not entitled to payment for certain medical expenses because they arose from unauthorized medical treatment

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BLACKMAN v. COMMONWEALTH

No error in trial court?s refusal to declare a mistrial as no Confrontation Clause violation took place as a matter of law

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ROBINSON v. COMMONWEALTH (116607)

Trial court did not err in denying appellant?s motions to suppress as the officer?s observations did not implicate the Fourth Amendment

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ROBINSON v. COMMONWEALTH

Trial court did not err in denying appellant?s motions to suppress as the officer?s observations did not implicate the Fourth Amendment

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VILSECK v. VILSECK

As the contractual language of the premarital agreement is found to be ambiguous this matter is remanded to the trial court to consider additional extrinsic evidence

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SMALLWOOD v. COMMONWEALTH

Trial court did not err in permitting the Commonwealth?s medical examiner to testify that the forensic evidence was not consistent with self-infliction and not consistent with a shooting during a struggle; such testimony on the record was not impermissible expert testimony as to the ultimate fact to be determined by the jury

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BROWN v. COMMONWEALTH

Trial court erred in finding that the evidence proved the fair market value of the stolen property to be $200 or greater at the time of the theft; case remanded for judgment and sentencing on the lesser-included offense of petit larceny

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JACKSON v. COMMONWEALTH

No error in trial court?s denial of a continuance and refusal to admit a codefendant?s hearsay statement under the exception for statements against penal interest

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PICKARD v. COMMONWEALTH

No error found as the evidence was sufficient to support the jury?s finding that the appellant was intoxicated when he drove

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THOMAS v. SIEMENS AUTOMOTIVE, LTD., et al.

No error in commission?s finding that claimant was terminated from selective employment for justified cause warranting a forfeiture of her right to future temporary partial disability benefits

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PRUDEN v. PLASSER AMERICAN CORPORATION, et al.

No error in commission?s reduction of claimant?s award for disability compensation benefits for the permanent partial use of his right arm by those previously awarded for the disfigurement

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BLAIR v. HAMPTON DEPARTMENT OF SOCIAL SERVICES

Summary affirmance ? trial court did not err in finding evidence sufficient to support the termination of appellant?s parental rights pursuant to Code Section 16.1-283(C)

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LABCORP OF AMERICA, et al. v. BEY

Summary affirmance - commission did not err in finding that appellee proved she sustained a head injury, post-traumatic stress syndrome, and psychiatric problems as a result of her June 13, 2003 compensable injury by accident

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BROWN v. VIRGINIA RETIREMENT SYSTEM

Summary affirmance - trial court did not err in concluding that substantial evidence existed in the record to support the Virginia Retirement System?s final case decision denying appellant?s claim for disability retirement benefits

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BARNES v. COMMONWEALTH

Trial judge's decision to admit portions of the testimony concerning the deceased victim's pregnancy was harmless error; trial judge did not err in asking the jury to "revisit" the verdict forms as the trial judge was within his power to give the jury an opportunity to correct what he perceived to be a clerical error in the verdicts

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