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Monthly Archives: October 2005

THOMAS C. EVELYN v. COMMONWEALTH OF VIRGINIA MARINE RESOURCES COMMISSION

Circuit Court did not err in affirming the Virginia Marine Resources Commission?s order to appellant to remove a portion of his private pier as the riparian landowner may not build, without a permit, incidental appendages designed merely to enhance the primary purpose of the pier

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BRIAN JENNINGS HALE v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress statements he made to police as appellant did not manifest an unequivocal invocation of his right to remain silent

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COMMONWEALTH v. HOWARD LAMONT JACKSON

Trial court did not err in suppressing the evidence as the encounter between appellee and the police was not consensual and constituted an illegal seizure

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EVELYN v. COMMONWEALTH OF VIRGINIA MARINE RESOURCES COMMISSION

Circuit Court did not err in affirming the Virginia Marine Resources Commission?s order to appellant to remove a portion of his private pier as the riparian landowner may not build, without a permit, incidental appendages designed merely to enhance the primary purpose of the pier

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AUER v. COMMONWEALTH

Trial court did not err by admitting into evidence appellant?s prior misdemeanor conviction under a city ordinance for DUI

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HALE v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress statements he made to police as appellant did not manifest an unequivocal invocation of his right to remain silent

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SOSA v. SIGNATURE SERIES CONSTRUCTION, INC., et al.

Summary affirmance ? commission did not err in finding that appellant failed to prove he sustained an injury by accident arising out of his employment and in allowing a witness to testify at the hearing when she was not identified in pre-hearing discovery

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WALKER v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to sustain appellant's convictions for marital rape and attempted marital sexual assault

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MAYNOR v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of embezzlement

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COMMONWEALTH v. JACKSON

Trial court did not err in suppressing the evidence as the encounter between appellee and the police was not consensual and constituted an illegal seizure

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ZELEDON v. GCR INC, et al.

Commission did not err in finding that claimant willfully violated a known safety rule and that the safety rule was strictly enforced

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DOUGHTY v. THE CAR STORE, et. al.

Commission did not err in determining that no medical evidence supported a finding that claimant was disabled beyond November 24, 2003

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RICHARD JENNINGS CABANISS v. NANCY TURNER CABANISS

Trial court did not err in finding the allegations in wife?s bill of complaint a sufficient factual basis for exercising personal jurisdiction over husband pursuant to Virginia?s long-arm statute, and overruling husband?s jurisdictional objection to those allegations

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ANTONIO NOAH LASSITER v. COMMONWEALTH

Trial court did not err in convicting appellant of statutory burglary as the evidence proved that the landlord took possession of the property without effecting a breach of the peace and pursuant to a court order giving him possession

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LARRY ALONZO OLIVER v. COMMONWEALTH

Trial court did not err by admitting, during the sentencing phase of appellant?s bifurcated jury trial, evidence of prior criminal convictions appellant received from special military courts-martial under the Uniform Code of Military Justice

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MARK ANTONIO WALLACE v. COMMONWEALTH

Trial court did not err in finding that appellant?s statutory right to a speedy trial was not violated as appellant?s trial commenced within the five-month period required by statute; appellant?s convictions affirmed

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DAMIEN JAMES JARVIS v. COMMONWEALTH

This Court declines to address appellant?s argument that the evidence is insufficient to prove that he possessed tools with larcenous intent as appellant has not properly preserved his argument for appeal

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WASTE MANAGEMENT INC. AND GALLAGHER BASSETT SERVICES, INC. v. ARTHUR W. COLES

Summary affirmance ? no error in commission?s finding that claimant proved that his left elbow surgery was causally related to his compensable injury by accident, employer failed to prove claimant was terminated for cause, and claimant proved he remained partially disabled after leaving his job with employer and that he made reasonable efforts to market his residual work capacity thereafter

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GILBERT MAURICE WOOD v. ATLANTIC COAST AIRLINES, INC. AND AMERICAN PROTECTION INSURANCE COMPANY

Summary affirmance ? commission did not err in ruling that appellant waived and abandoned his right to a review of the deputy commissioner?s decision by failing to assign any specific errors to the deputy commissioner?s findings of fact or conclusions of law and failing to file a written statement

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CABANISS v. CABANISS

Trial court did not err in finding the allegations in wife?s bill of complaint a sufficient factual basis for exercising personal jurisdiction over husband pursuant to Virginia?s long-arm statute, and overruling husband?s jurisdictional objection to those allegations

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LASSITER v. COMMONWEALTH

Trial court did not err in convicting appellant of statutory burglary as the evidence proved that the landlord took possession of the property without effecting a breach of the peace and pursuant to a court order giving him possession

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OLIVER v. COMMONWEALTH

Trial court did not err by admitting, during the sentencing phase of appellant?s bifurcated jury trial, evidence of prior criminal convictions appellant received from special military courts-martial under the Uniform Code of Military Justice

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WALLACE v. COMMONWEALTH

Trial court did not err in finding that appellant?s statutory right to a speedy trial was not violated as appellant?s trial commenced within the five-month period required by statute; appellant?s convictions affirmed

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JARVIS v. COMMONWEALTH

This Court declines to address appellant?s argument that the evidence is insufficient to prove that he possessed tools with larcenous intent as appellant has not properly preserved his argument for appeal

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