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Monthly Archives: January 2006

RICHMOND DEPARTMENT OF SOCIAL SERVICES v. ASHLEY CRAWLEY

Trial judge did not err in denying the petitions to terminate appellee?s residual parental rights as the department of social services did not prove with clear and convincing evidence that terminating appellee?s parental rights would serve the children?s best interests

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THE PICTURE PEOPLE AND ROYAL INDEMNITY COMPANY v. AUBREY A. RACHEL

Summary affirmance ? no error in commission?s finding that claimant was not guilty of fraud justifying the termination of her outstanding award of temporary partial compensation and the deputy commissioner?s failure to grant employer?s motion to strike claimant?s defenses based upon her failure to properly respond to discovery was not an abuse of discretion and constituted harmless error

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SCOTT REYNOLDS MCMARTIN v. MARY REYNOLDS MCMARTIN

Trial court did not err in imputing an annual income of $120,000 to appellant for purposes of determining his support obligations and in determining the spousal support award; trial court applied the wrong standard in deciding not to deduct from husband?s gross income the amount he was actually paying in child support for his other children; child support award reversed and matter remanded

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RICHMOND DEPARTMENT OF SOCIAL SERVICES v. CRAWLEY

Trial judge did not err in denying the petitions to terminate appellee?s residual parental rights as the department of social services did not prove with clear and convincing evidence that terminating appellee?s parental rights would serve the children?s best interests

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THE PICTURE PEOPLE v. RACHEL

Summary affirmance ? no error in commission?s finding that claimant was not guilty of fraud justifying the termination of her outstanding award of temporary partial compensation and the deputy commissioner?s failure to grant employer?s motion to strike claimant?s defenses based upon her failure to properly respond to discovery was not an abuse of discretion and constituted harmless error

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THOMAS v. COMMONWEALTH

Trial court did not err in denying the jury instruction on the lesser-included offense of assault and battery as there is no of evidence that appellant did not intend to maim, disfigure, disable, or kill the victim

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KENDRICK v. COMMONWEALTH

Trial court did not err in finding that the evidence was sufficient to sustain appellant?s conviction for use of a firearm during the commission of a robbery

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MCMARTIN v. MCMARTIN

Trial court did not err in imputing an annual income of $120,000 to appellant for purposes of determining his support obligations and in determining the spousal support award; trial court applied the wrong standard in deciding not to deduct from husband?s gross income the amount he was actually paying in child support for his other children; child support award reversed and matter remanded

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IN RE: ALECK J. CARPITCHER

Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ

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UNITED AIRLINES, INC. v. MICHAEL A. SABOL

Commission did not err in finding that claimant proved a compensable permanent partial disability to his left lower extremity and proved his nine percent permanent partial disability resulted solely from the work-related accident

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IN RE: DWAYNE LAMONT JOHNSON

Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ

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DAVID C. NEVELN v. ELAINE M. NEVELN

Trial court did not err in exercising jurisdiction over the issue of the equitable distribution of appellant?s pension; trial court adequately addressed all of the factors set forth in Code Section 20-107.3

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JULIE K. OVERCASH v. JESSE L. OVERCASH

Trial court did not err in ordering appellant to reimburse appellee for an overpayment from appellee?s federal thrift savings plan as the trial court possessed the statutory authority to enter the order so as to effectuate the original intent of the parties as expressed in the separation agreement

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TALMADGE BAXTER v. DEBORAH BAXTER

Trial court erred by failing to determine whether appellant waived his right to a trial by jury; appellant?s criminal contempt conviction is reversed; matter remanded to trial court

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IN RE: CARPITCHER

Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ

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STILLWELL v. LEWIS TREE SERVICE

No error in commission?s finding that appellant?s shoulder injury did not arise out of his employment as appellant failed to prove that he was not responsible for the fight with a co-worker

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UNITED AIRLINES v. SABOL

Commission did not err in finding that claimant proved a compensable permanent partial disability to his left lower extremity and proved his nine percent permanent partial disability resulted solely from the work-related accident

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IN RE: JOHNSON

Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ

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BLACKMON v. COMMONWEALTH

Summary affirmance - trial court did not err in convicting appellant of felony child neglect as the evidence was sufficient to support his conviction

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HUNT v. COMMONWEALTH

Appellant?s right to a speedy trial was not violated as the continuance granted by the trial court tolled the statutory speedy trial period; appellant?s convictions affirmed

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GIANT FOOD v. SANDERSON

Summary affirmance ? commission did not err in ruling that appellee proved she sustained a compensable injury by accident that materially aggravated her pre-existing back injury and awarding her temporary total disability benefits and medical benefits

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BAKER v. FREDERICK COUNTY DEPARTMENT OF SOCIAL SERVICES

Summary affirmance ? trial court did not err in ordering the termination of appellants? parental rights to their son and daughters as the department of social services satisfied its duty under Code Section 16.1-283(A) to investigate and present evidence of the suitability of the children?s relatives as possible custodians

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MILLER v. PAGE COUNTY DEPARTMENT OF SOCIAL SERVICES

Summary affirmance - trial court did not abuse its discretion by denying appellant?s motion to discharge his guardian or to require him to withdraw as counsel and in refusing appellant?s motion for a continuance in order to obtain the presence of missing witnesses

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NEVELN v. NEVELN

Trial court did not err in exercising jurisdiction over the issue of the equitable distribution of appellant?s pension; trial court adequately addressed all of the factors set forth in Code Section 20-107.3

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OVERCASH v. OVERCASH

Trial court did not err in ordering appellant to reimburse appellee for an overpayment from appellee?s federal thrift savings plan as the trial court possessed the statutory authority to enter the order so as to effectuate the original intent of the parties as expressed in the separation agreement

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BAXTER v. BAXTER

Trial court erred by failing to determine whether appellant waived his right to a trial by jury; appellant?s criminal contempt conviction is reversed; matter remanded to trial court

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