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Monthly Archives: December 2006

DARRIO L. COST v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the officer had probable cause to seize the capsules after a pat down; trial court did not err in finding the evidence sufficient to convict appellant of possession of heroin with the intent to distribute

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GARY DALE LONDON v. COMMONWEALTH

Trial court abused its discretion by not permitting the substitution of retained counsel and in not granting a reasonable continuance for him to prepare for trial; appellant?s convictions are reversed and the case is remanded to the trial court

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VICKY SCOTT MCGINNISS v. JOHN L. MCGINNISS

Judgment declining to award appellant the survivor annuity benefit to appellee?s pension and in refusing to re-refer that issue to the commissioner in chancery are affirmed; judgment limiting appellant?s marital share of appellee?s pension benefits to a fixed amount as if appellee had retired on the date of separation is reversed, and this matter is remanded to the trial court

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JOHN MARK EALY v. COMMONWEALTH

Trial court did not abuse its discretion in refusing to allow appellant to question the witness about her nephew as the proffered evidence was not legally admissible; appellant?s convictions are affirmed

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COMMONWEALTH v. CARL L. DESEI

Trial court erred in finding that the government initiated the contact with appellant and in granting appellant?s motion to suppress; judgment is reversed and the case is remanded for a determination of whether appellant knowingly and intelligently waived his previously invoked right to counsel

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JAMES RICHARD CHRISTOPHER v. COMMONWEALTH

Trial court did not abuse its discretion by relying on the indictments and in denying appellant?s motion for a bill of particulars; the remaining issues are procedurally barred; appellant?s convictions are affirmed

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COST v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the officer had probable cause to seize the capsules after a pat down; trial court did not err in finding the evidence sufficient to convict appellant of possession of heroin with the intent to distribute

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LONDON v. COMMONWEALTH

Trial court abused its discretion by not permitting the substitution of retained counsel and in not granting a reasonable continuance for him to prepare for trial; appellant?s convictions are reversed and the case is remanded to the trial court

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MCGINNISS v. MCGINNISS

Judgment declining to award appellant the survivor annuity benefit to appellee?s pension and in refusing to re-refer that issue to the commissioner in chancery are affirmed; judgment limiting appellant?s marital share of appellee?s pension benefits to a fixed amount as if appellee had retired on the date of separation is reversed, and this matter is remanded to the trial court

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RICE v. CROMER

Trial court did not err in its interpretation of Code Section 20-124.3:1 and its subsequent ruling on the motion in limine; trial court?s denial of appellants? petition for visitation is affirmed

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EALY v. COMMONWEALTH

Trial court did not abuse its discretion in refusing to allow appellant to question the witness about her nephew as the proffered evidence was not legally admissible; appellant?s convictions are affirmed

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VERNON v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of two counts of uttering forged checks and two counts of petit larceny, second offense

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MALDONADO v. COMMONWEALTH

Trial judge erred by failing to set aside the jury verdict after an ex parte communication occurred between court personnel and the jury during deliberations; appellant?s conviction is reversed and the case is remanded for a new trial

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ROCKINGHAM MEMORIAL HOSPITAL v. SHIFFLETT

Summary affirmance ? no error in commission?s finding that appellee established she sustained a change in condition causally related to her compensable right knee injury, and, therefore, the two-year limitations period contained in Code Section 65.2-708 was applicable to her claim for temporary total disability benefits

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KISER v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress evidence; appellant?s conviction for possession of a controlled substance with intent to distribute is affirmed

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BOOKER v. COMMONWEALTH

Appellant?s convictions of forcible sodomy, object sexual penetration, and abduction are affirmed as appellant?s right to a statutory speedy trial under Code Section 19.2-243 was not violated

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COMMONWEALTH v. DESEI

Trial court erred in finding that the government initiated the contact with appellant and in granting appellant?s motion to suppress; judgment is reversed and the case is remanded for a determination of whether appellant knowingly and intelligently waived his previously invoked right to counsel

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PRATT v. COMMONWEALTH

Appellant?s conviction for uttering counterfeit currency is affirmed as the circumstantial evidence was sufficient to exclude all reasonable hypotheses of appellant?s innocence

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CHRISTOPHER v. COMMONWEALTH

Trial court did not abuse its discretion by relying on the indictments and in denying appellant?s motion for a bill of particulars; the remaining issues are procedurally barred; appellant?s convictions are affirmed

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KELLUP LAMONTE BROOKS v. COMMONWEALTH

Trial court did not err by admitting the certificates of analysis without having the forensic analyst present to testify as appellant waived his rights to confrontation by failing to properly avail himself of the protections of Code Section 19.2-187.1; appellant?s convictions affirmed

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