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Monthly Archives: August 2005

ALAN LUGINBYHL, S/K/A ALAN KURT LUGINBYHL v. COMMONWEALTH

Trial court did not err in admitting the breath test certificate as the result of the breath test does not constitute hearsay and does not implicate appellant?s Sixth Amendment rights; statements contained in the certificate attesting to the equipment?s good working order and the officer?s valid license to operate the machine do not constitute testimonial hearsay

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WILLIS HOWARD WINFREE v. LINDA PUGH WINFREE

No error in trial court?s finding that issue of whether assignment of appellant?s monthly veterans? disability benefits to appellee, while in violation of federal law, was barred by res judicata as order based on parties? agreement was voidable not void ab initio

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LUGINBYHL v. COMMONWEALTH

Trial court did not err in admitting the breath test certificate as the result of the breath test does not constitute hearsay and does not implicate appellant?s Sixth Amendment rights; statements contained in the certificate attesting to the equipment?s good working order and the officer?s valid license to operate the machine do not constitute testimonial hearsay

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WINFREE v. WINFREE

No error in trial court?s finding that issue of whether assignment of appellant?s monthly veterans? disability benefits to appellee, while in violation of federal law, was barred by res judicata as order based on parties? agreement was voidable not void ab initio

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BARKER v. VIRGINIA DEPARTMENT OF CORRECTIONS

Summary affirmance ? no error found in circuit court?s affirmation of the hearing officer?s decision that deviations in Department grievance procedure constituted harmless error as appellant was no longer certified to serve in her position

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NABISCO, ET AL. v. MCDANIEL

Summary affirmance ? commission did not err in awarding appellee compensation for her left shoulder injury and finding that the injury constituted a compensable consequence of her right shoulder injury

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WIESE v. WIESE

Error in part in the trial court?s decision concerning the equitable distribution of the marital residence; judgment is affirmed in part, reversed in part, and remanded to the trial court

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PHILIP C. TENCER v. WARREN P. DENISE

No error in trial court?s denial of father?s petition to place sole legal custody of the child in him; trial court properly applied the best interests test to determine the child?s custody

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WARREN P. DENISE v. PHILIP C. TENCER

Trial court did not err in finding that a material change in circumstances had occurred and in finding it in the child?s best interests to award physical custody to father; no error found in trial court?s decisions on certain evidentiary matters

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CHRISTOPHER LEE BENTLEY v. COMMONWEALTH

Trial court did not err in admitting into evidence a personally recorded compact disc containing on its face a handwritten list of musical groups; evidence was sufficient to support appellant?s convictions of two counts of grand larceny

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LISA M. MURRAY v. FAIRFAX COUNTY SCHOOL BOARD

Summary affirmance ? commission did not err in finding that appellant failed to prove she sustained a compensable injury by accident, occupational disease, or ordinary disease of life and in finding that the claim was barred by res judicata

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BENTLEY v. COMMONWEALTH

Trial court did not err in admitting into evidence a personally recorded compact disc containing on its face a handwritten list of musical groups; evidence was sufficient to support appellant?s convictions of two counts of grand larceny

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NELSON v. NELSON

Summary affirmance ? trial court did not err in concluding the property settlement agreement was valid and was not the result of duress

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MURRAY v. FAIRFAX COUNTY SCHOOL BOARD

Summary affirmance ? commission did not err in finding that appellant failed to prove she sustained a compensable injury by accident, occupational disease, or ordinary disease of life and in finding that the claim was barred by res judicata

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TENCER v. DENISE

No error in trial court?s denial of father?s petition to place sole legal custody of the child in him; trial court properly applied the best interests test to determine the child?s custody

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DENISE v. TENCER

Trial court did not err in finding that a material change in circumstances had occurred and in finding it in the child?s best interests to award physical custody to father; no error found in trial court?s decisions on certain evidentiary matters

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LYNCH v. COMMONWEALTH

Trial court did not err in admitting appellant?s statement and the substance of the preceding conversation under the adoptive admission exception to the hearsay rule

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MAURICE A. JONES, COMMISSIONER, VIRGINIA DEPARTMENT OF SOCIAL SERVICES v. TOMMIE J. WEST (118222)

Trial court did not err in determining that the local department?s failure to tape record its interview with the alleged victim constituted a procedural violation and was not mere harmless error, in ordering the dismissal of the complaint against appellee rather than remanding the case to the hearing officer for further adjudication, and in denying appellee?s request for attorney?s fees

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JONES, COMMISSIONER v. WEST

Trial court did not err in determining that the local department?s failure to tape record its interview with the alleged victim constituted a procedural violation and was not mere harmless error, in ordering the dismissal of the complaint against appellee rather than remanding the case to the hearing officer for further adjudication, and in denying appellee?s request for attorney?s fees

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