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Monthly Archives: January 2007

PERKINS JONES v. COMMONWEALTH

This Court finds the officer had probable cause to arrest appellant based upon his observation that general district court orally ordered a capias; evidence was sufficient to convict appellant of obstruction of justice; appellant?s conviction is affirmed

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EDWARD JEROME BULLANO v. RENEE ZEIGLER BULLANO

Trial court did not err in admitting the testimony of the parties? marriage counselor, in its award of spousal support or in its award of attorney?s fees and costs to wife, and in failing to award husband his attorneys? fees and costs at trial

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JONES v. COMMONWEALTH

This Court finds the officer had probable cause to arrest appellant based upon his observation that general district court orally ordered a capias; evidence was sufficient to convict appellant of obstruction of justice; appellant?s conviction is affirmed

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BLAKE FARM DAYSCHOOL v. THOMPSON

Summary affirmance ? no error in commission?s finding that appellee proved she sustained an injury by accident arising out of and in the course of her employment, and that her continuing symptoms and treatment were causally related to that accident

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HENRY COUNTY PALLET COMPANY v. VAZQUES

Summary affirmance ? commission did not err in finding that claimant was not required to prove a change in condition, the myoelectric arm is reasonable and necessary medical treatment for claimant?s compensable right arm injury, and his claim was not barred by the doctrine of res judicata

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HARRISON v. ALLEGRETTO

Summary affirmance ? trial court did not err by failing to apportion marital debt paid by appellant after the parties separated when making the equitable distribution award

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BULLANO v. BULLANO

Trial court did not err in admitting the testimony of the parties? marriage counselor, in its award of spousal support or in its award of attorney?s fees and costs to wife, and in failing to award husband his attorneys? fees and costs at trial

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MARK DYWAYNE BISHOP v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of driving after having been declared an habitual offender; trial court did not err in rejecting appellant?s challenge to the constitutionality of the obstruction of justice statute; appellant?s convictions are affirmed

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HOWARD LEWIS VINCENT, JR. v. COMMONWEALTH

Appellant?s conviction of statutory burglary is reversed as the evidence was insufficient to prove appellant possessed the intent to commit larceny at the time of the breaking; appellant?s conviction is reversed and the indictment is dismissed

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JASON KEITH RICHARDS v. COMMONWEALTH

Trial court did not err by denying appellant?s motion to suppress the evidence collected during the execution of the search warrant; evidence was sufficient to support appellant?s conviction for possession of marijuana with the intent to distribute; appellant?s convictions are affirmed

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PHELPS v. COMMONWEALTH

Appellant?s conviction of felony eluding police in violation of Code Section 46.2-817(B) is affirmed as the statute?s contemplation of ?endangering a person? includes appellant himself

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BISHOP v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of driving after having been declared an habitual offender; trial court did not err in rejecting appellant?s challenge to the constitutionality of the obstruction of justice statute; appellant?s convictions are affirmed

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VINCENT v. COMMONWEALTH

Appellant?s conviction of statutory burglary is reversed as the evidence was insufficient to prove appellant possessed the intent to commit larceny at the time of the breaking; appellant?s conviction is reversed and the indictment is dismissed

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MURRAY v. FAIRFAX COUNTY

Summary affirmance ? commission did not err in dismissing, with prejudice, appellant?s change-in-condition claim as being barred by the doctrine of res judicata

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TURZAC CONSTRUCTION v. COMMONWEALTH

As Board was unable to articulate standard by which appellant was adjudged to have violated its regulation by hiring four unlicensed subcontractors, circuit court?s affirmance of decision and imposition of sanctions are vacated

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RICHARDS v. COMMONWEALTH

Trial court did not err by denying appellant?s motion to suppress the evidence collected during the execution of the search warrant; evidence was sufficient to support appellant?s conviction for possession of marijuana with the intent to distribute; appellant?s convictions are affirmed

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SHIRLEY ANN FLOWERS v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to support appellant?s conviction of reckless endangerment as appellant?s willful act of failing to secure prompt medical attention for juveniles in her charge satisfies the requirement of a ?willful act? in ?reckless disregard for human life,? as required by Code Section 18.2-371.1(B)(1); appellant?s conviction is affirmed

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JOHN EDWARD STEWART v. COMMONWEALTH

Trial court erred in refusing to grant a mistrial when the Commonwealth failed to disclose exculpatory information until after the presentation of appellant?s evidence; appellant?s convictions are reversed and the case is remanded to the trial court

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METKEL ALANA, A/K/A KENNETH FOSTER v. COMMONWEALTH

This Court holds that appellant?s Fourth Amendment rights were not violated, that the trial court did not abuse its discretion by refusing to conduct an in camera review of the police report for ?hypothetical? inconsistencies, and that the trial judge did not abuse his discretion by refusing to participate in appellant?s courtroom experiment; appellant?s convictions are affirmed

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ALEX VAUGHAN AIRHART v. COMMONWEALTH

Appellant?s conviction for harassment by computer in violation of Code Section 18.2-152.7:1 is reversed and the indictment is dismissed as the evidence was insufficient to prove appellant?s communication was obscene

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ONDRAKE HAYWOOD NERO v. SHERRI C. WILLIAMS

Circuit court erred in dismissing appellant?s appeal as appellant was not required to post an appeal bond when he appealed the juvenile and domestic relations district court order in this case; judgment is reversed and the case is remanded to the trial court

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FLOWERS v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to support appellant?s conviction of reckless endangerment as appellant?s willful act of failing to secure prompt medical attention for juveniles in her charge satisfies the requirement of a ?willful act? in ?reckless disregard for human life,? as required by Code Section 18.2-371.1(B)(1); appellant?s conviction is affirmed

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STEWART v. COMMONWEALTH

Trial court erred in refusing to grant a mistrial when the Commonwealth failed to disclose exculpatory information until after the presentation of appellant?s evidence; appellant?s convictions are reversed and the case is remanded to the trial court

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SNEAD v. CITY OF HAMPTON

Summary affirmance ? trial court did not err in terminating appellant?s parental rights to her child pursuant to Code Section 16.1-283(B) and (C)

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