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Monthly Archives: December 2005

SALVADORE M. CORADO, S/K/A, ETC. v. COMMONWEALTH

No reversible error in trial court?s decision to admit transcripts of grand jury testimony provided by codefendants or in admitting expert testimony of detectives on gang activity; trial court did not err in instructing jury on the charge of lynching or in admitting evidence of prior convictions of two codefendants to prove appellant was a member of a criminal street gang

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JUDITH ANNE IRWIN v. CARL FRANCIS IRWIN, JR.

Trial court erred in ordering that while appellant?s property interest vested and pension payments were due to her as of date of final decree, appellee was not liable for the difference between pendente lite spousal support paid and an amount equal to amount of one-half of pension amount for specified months

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WALTER LEE DUPREE, JR. v. COMMONWEALTH

No reversible error in trial court?s refusal to allow appellant to impeach his own witness with a prior inconsistent statement regarding shooter?s clothing where three eyewitnesses based their identification of appellant on face recognition not clothing

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CORADO v. COMMONWEALTH

No reversible error in trial court?s decision to admit transcripts of grand jury testimony provided by codefendants or in admitting expert testimony of detectives on gang activity; trial court did not err in instructing jury on the charge of lynching or in admitting evidence of prior convictions of two codefendants to prove appellant was a member of a criminal street gang

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TUCK v. GOODYEAR TIRE & RUBBER CO.

No error in commission?s findings that appellant?s representation that the Memorandum of Agreement resolved all issues from her April 2001 claims and that her 2003 claims were barred by the statute of limitations

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IRWIN v. IRWIN

Trial court erred in ordering that while appellant?s property interest vested and pension payments were due to her as of date of final decree, appellee was not liable for the difference between pendente lite spousal support paid and an amount equal to amount of one-half of pension amount for specified months

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WITCHER v. COMMONWEALTH

Commonwealth?s motion to dismiss this appeal is granted where trial court accepted appellant?s conditional guilty plea under Code § 19.2-254 without the consent of the Commonwealth

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DUPREE v. COMMONWEALTH

No reversible error in trial court?s refusal to allow appellant to impeach his own witness with a prior inconsistent statement regarding shooter?s clothing where three eyewitnesses based their identification of appellant on face recognition not clothing

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LOUDOUN HOSPITAL CENTER v. STROUBE

Court is without jurisdiction to entertain this appeal as the order appealed from is an interlocutory order which does not adjudicate the principles of the cause; this appeal is dismissed without prejudice

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EVANS v. EVANS

Trial court did not err in awarding primary physical custody of parties? daughter to appellee after considering and weighing the evidence

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HOLLY JO SOUTH v. COMMONWEALTH

Trial court erred as a matter of law in convicting appellant under Code Section 18.2-57(C) of felony assault and battery of the federal police officers as the statute does not apply to the federal officers she assaulted; convictions reversed and matter remanded for retrial on the misdemeanor offenses

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ROBERT DANIEL GILBERT v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of taking indecent liberties with a child over whom he maintained a custodial or supervisory relationship as appellant?s employer-employee relationship over the victim constituted a sufficient predicate for conviction under Code Section 18.2-370.1

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VIRGINIA DEPARTMENT OF CORRECTIONS v. JEFFREY COMPTON

Circuit court erred in determining that the Notice of Termination failed to give adequate notice that appellee?s termination was based upon conduct unbecoming as well as the fact of his criminal conviction and in holding that the hearing officer exceeded the scope of his statutory authority; judgment reversed and appellant?s termination reinstated

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KATRINA PAINTER v. COMMONWEALTH

Circuit Court did not err in denying appellant?s claims of double jeopardy, collateral estoppel, and res judicata as misdemeanor conviction vacated when appeal noted did nolle prosequi of that charge permitted trial court to try her on new felony charge

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STANLEY DION TATE v. COMMONWEALTH

Appellant is procedurally barred from arguing that the evidence was insufficient to support his conviction for voluntary manslaughter as appellant asked that the jury be instructed on that offense; appellant?s conviction for voluntary manslaughter is affirmed

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DONALD JOSEPH CONLEY v. COMMONWEALTH

Trial court did not err in admitting into evidence two prior DUI conviction orders as the district court conviction orders offered by the Commonwealth were properly authenticated and were admissible under the statute as prima facie evidence of appellant?s two prior DUI convictions

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MARK RICHARD ROBINSON v. CARMEN CECILIA ROBINSON

Summary affirmance ? trial court did not err by denying appellant?s motions concerning the commissioner and by ordering that the proceeds of the sale of the marital home were divided equally between the parties, with deductions taken from appellant?s amount for monies he owed appellee

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BERARD HARRISON v. CECELIA HARDEE, F/K/A CECELIA HARRISON

Trial court did not err in construing the term ?comparable? in the property settlement agreement, finding wife did not waive provisions of the property settlement agreement, and ordering payment of more costly premiums than those existing at the time of execution of the property settlement agreement

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KENNETH W. FOLEY v. DONNA L. FOLEY

Trial court erred in its interpretation of the provisions of a property settlement agreement dealing with pension and retirement plans and entered a qualified domestic relations order inconsistent with the substantive provisions of the final decree of divorce incorporating the property settlement agreement; matter remanded

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DOTSON v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the seizure of the safe during execution of the search warrant was reasonable and within the scope of the warrant

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SOUTH v. COMMONWEALTH

Trial court erred as a matter of law in convicting appellant under Code Section 18.2-57(C) of felony assault and battery of the federal police officers as the statute does not apply to the federal officers she assaulted; convictions reversed and matter remanded for retrial on the misdemeanor offenses

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GILBERT v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of taking indecent liberties with a child over whom he maintained a custodial or supervisory relationship as appellant?s employer-employee relationship over the victim constituted a sufficient predicate for conviction under Code Section 18.2-370.1

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