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Monthly Archives: August 2006

WILLIAMS PATRICK PIERCE, II, S/K/A PATRICK WILLIAM PIERCE, II v. COMMONWEALTH

Trial court did not err in finding that appellant violated the terms and conditions of his probation and revoking his previously suspended sentences; trial court erred in ordering appellant?s sentences to run consecutively rather than concurrently and in failing to credit appellant with six months incarceration previously served; judgment affirmed in part, reversed in part, and case remanded

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NICKY NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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BRENDA S. NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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PIERCE v. COMMONWEALTH

Trial court did not err in finding that appellant violated the terms and conditions of his probation and revoking his previously suspended sentences; trial court erred in ordering appellant?s sentences to run consecutively rather than concurrently and in failing to credit appellant with six months incarceration previously served; judgment affirmed in part, reversed in part, and case remanded

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NEOFOTIS v. COMMONWEALTH (121403)

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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DINGLER v. ROANOKE COLLEGE

Summary affirmance ? commission did not err in finding that appellant failed to prove he sustained a compensable injury by accident arising out of and in the course of his employment

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KENDELL LEON COWARD v. COMMONWEALTH

Trial court erred in convicting appellant of possession of cocaine as the evidence adduced at trial was insufficient to prove that appellant knowingly and intentionally possessed cocaine; judgment reversed and indictment dismissed

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BRENDA LEE FATTALEH v. COMMONWEALTH

This Court holds that the Commonwealth did not meet its burden to show either an express or de facto waiver of trial counsel by appellant; appellant?s conviction for misdemeanor disorderly conduct is reversed and the case is remanded

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HALEY OF FARMVILLE v. BRUCE WAYNE STRICKLAND, SR.

Summary affirmance ? commission did not err in finding that appellee proved he continued to be disabled from performing the full duties of his pre-injury employment as a result of his compensable injury by accident and awarding appellant temporary partial disability benefits

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COWARD v. COMMONWEALTH

Trial court erred in convicting appellant of possession of cocaine as the evidence adduced at trial was insufficient to prove that appellant knowingly and intentionally possessed cocaine; judgment reversed and indictment dismissed

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ROBINSON v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s convictions of misdemeanor reckless driving and felony leaving the scene of an accident; appellant?s convictions affirmed

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JIRON-GARCIA v. COMMONWEALTH

Trial court erred in denying appellant?s motion to dismiss the indictments for failure to try him within the statutorily mandated time period; judgment reversed and indictments dismissed

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ACCHIONE v. ACCHIONE

No error in trial court?s award of primary physical custody to father as the evidence was sufficient to support the award; trial court did not abuse its discretion in its consideration of the custody factors of Code Section 20-124.3

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FATTALEH v. COMMONWEALTH

This Court holds that the Commonwealth did not meet its burden to show either an express or de facto waiver of trial counsel by appellant; appellant?s conviction for misdemeanor disorderly conduct is reversed and the case is remanded

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HALEY OF FARMVILLE v. STRICKLAND

Summary affirmance ? commission did not err in finding that appellee proved he continued to be disabled from performing the full duties of his pre-injury employment as a result of his compensable injury by accident and awarding appellant temporary partial disability benefits

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CLEAR v. PINEY FOREST HEALTHCARE CENTER

Summary affirmance ? commission did not err in finding that appellant failed to prove a compensable cervical condition causally related to her work injury and that appellant was not entitled to medical benefits for treatment of that condition or wage loss benefits

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DATTA v. FAIRFAX COUNTY

Summary affirmance ? trial court did not err in finding appellant?s child was neglected pursuant to Code Section 16.1-228(5) and in ordering custody of the child remain with the Fairfax County Department of Family Services

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