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Monthly Archives: June 2005

CLINTON R. BARLOW (ESTATE OF) AND CLINTON C. BARLOW v. WINKELMAN, INC., et al.

Summary affirmance ? commission did not err in finding that it lacked jurisdiction to consider claimant?s July 30, 2004 letter filed on August 2, 2004, because the request for review was not timely; and in finding that it was barred from considering claimant?s September 28, 1998 claim, as well as his July 30, 2004 letter, under the doctrine of res judicata

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IN RE: CARL DICKS

Petition for writ of actual innocence dismissed as the interrogation and petitioner?s accompanying affidavit in no way affect the sufficiency of the evidence to support petitioner?s convictions and petitioner has not demonstrated that no rational trier of fact could have found him guilty

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(ESTATE OF) BARLOW v. WINKELMAN, INC., et al.

Summary affirmance ? commission did not err in finding that it lacked jurisdiction to consider claimant?s July 30, 2004 letter filed on August 2, 2004, because the request for review was not timely; and in finding that it was barred from considering claimant?s September 28, 1998 claim, as well as his July 30, 2004 letter, under the doctrine of res judicata

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RICHARD D. WEATHERFORD v. COMMONWEALTH

Trial court did not err in determining that the shotgun found in appellant?s car was concealed from common view and observation; evidence was sufficient to convict appellant of possession of a concealed weapon in violation of Code Section 18.2-308

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IN RE: DICKS

Petition for writ of actual innocence dismissed as the interrogation and petitioner?s accompanying affidavit in no way affect the sufficiency of the evidence to support petitioner?s convictions and petitioner has not demonstrated that no rational trier of fact could have found him guilty

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SHULTZ v. SHULTZ

This appeal is dismissed as appellant failed to provide an adequate record for this Court to consider his argument on appeal

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EASTON v. COMMONWEALTH

Trial court did not err in admitting the certificate of analysis as the evidentiary requirements of the implied consent statute were satisfied

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WEATHERFORD v. COMMONWEALTH

Trial court did not err in determining that the shotgun found in appellant?s car was concealed from common view and observation; evidence was sufficient to convict appellant of possession of a concealed weapon in violation of Code Section 18.2-308

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FARROW v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as appellant had no legitimate expectation of privacy in the premises searched or the property seized

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WELCH, JR. v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of having carnal knowledge of a child between thirteen and fifteen years of age

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KINCAID v. KINCAID

Summary affirmance ? trial court did not abuse its discretion in its equitable distribution award or in its spousal support award

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JEREMY AUSTIN PEAKE v. COMMONWEALTH

Appellant?s circuit court conviction of possession of marijuana with the intent to distribute did not violate double jeopardy principles; Rule 5A:18 bars appellant from raising his claim for the first time on appeal that the circuit court conviction was barred by collateral estoppel

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ORLANDO S. AVALOS v. COMMONWEALTH

Trial court did not err by denying appellant?s motion to suppress on Miranda grounds, by admitting appellant?s statements from a videotaped interview, by allowing the child witness to testify, and by finding the evidence sufficient to convict appellant of animate object sexual penetration of a child under the age of thirteen

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TARUN BATRA v. JULIA B. BATRA

No error in trial court?s denial of husband?s request for an award of attorney?s fees and costs expended in the establishment of the validity and enforcement of the Financial Agreement reached between husband and wife

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GRAY v. BOURNE, et al.

Trial court did not err in ruling that appellant?s withholding of consent to the adoption was contrary to the best interests of his son

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HUNT v. COMMONWEALTH

Trial judge erred in convicting appellant of grand larceny as the indictment charged only common law larceny and the evidence failed to prove the value of the ticket was $200 or more

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PEAKE v. COMMONWEALTH

Appellant?s circuit court conviction of possession of marijuana with the intent to distribute did not violate double jeopardy principles; Rule 5A:18 bars appellant from raising his claim for the first time on appeal that the circuit court conviction was barred by collateral estoppel

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AVALOS v. COMMONWEALTH

Trial court did not err by denying appellant?s motion to suppress on Miranda grounds, by admitting appellant?s statements from a videotaped interview, by allowing the child witness to testify, and by finding the evidence sufficient to convict appellant of animate object sexual penetration of a child under the age of thirteen

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DASH, JR. v. COALFIELD SERVICES, INC., et al.

Summary affirmance ? commission did not err in finding that the applicable statute of limitations barred appellant?s March 13, 2003 claim seeking an award of permanent total disability benefits for a brain injury and that the doctrine of imposition did not apply

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BATRA v. BATRA

No error in trial court?s denial of husband?s request for an award of attorney?s fees and costs expended in the establishment of the validity and enforcement of the Financial Agreement reached between husband and wife

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KAREN A. DELUCA v. DENIS KATCHMERIC

Summary affirmance - as the order from which appellant appeals is not a final order concerning the sale of the property, the appeal, insofar as it pertains to these issues, is dismissed; appellant is procedurally barred from raising her claim for the first time on appeal that the trial court failed to act impartially; trial court did not err by finding wife in contempt

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GAE SUSAN ANDERSON-MILLER v. WALTER THOMAS GOLEMBIEWSKI

Trial court did not err in finding husband?s evidence sufficient to trace his separate property from the jointly owned marital residence, in its classification of the parties? respective interests in the marital residence, in its equitable distribution of the marital equity in the marital residence, and in awarding husband the $10,000 note proceeds

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WALTER THOMAS GOLEMBIEWSKI v. GAE SUSAN ANDERSON-MILLER

Judgment awarding appellee the IRA titled in her name is reversed and remanded for classification and distribution pursuant to Code Section 20-107.3; trial court did not abuse its discretion in refusing to award any rental value from the marital residence to husband or in allocating eighty-five percent of the marital equity in the marital residence to wife

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TELLO J. ANGELINA v. COMMONWEALTH

Trial court did not err in finding that appellant voluntarily and intelligently waived his preliminary hearing on the drug charges, in finding that there was no violation of the speedy trial provisions, in admitting the drug evidence and the certificate of analysis, and in finding evidence sufficient to support appellant?s conviction of receipt of stolen property

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