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Monthly Archives: February 2007

JOSEPH ANTHONY STROUD v. DEBRA LYN STROUD

Trial court did not err in permitting the introduction of evidence concerning the negotiations before execution of the PSA, but erred in finding that appellant had not established appellee?s cohabitation by a preponderance of the evidence and that, under PSA, individuals of the same sex cannot cohabitate in a situation analogous to marriage in VA; judgment reversed and remanded to trial court

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LUTHER LEE WISE v. COMMONWEALTH

This Court holds that Code Section 18.2-460(C) does not reach a substantial amount of constitutionally protected speech and is not facially violative of the First Amendment; appellant?s conviction of obstructing justice in violation of Code Section 18.2-460(C) is affirmed

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MARLYN WAYNE FERGUSON v. COMMONWEALTH

Trial judge did not err in finding the evidence sufficient to prove beyond a reasonable doubt that appellant?s failure to appear was willful; appellant?s conviction of failure to appear in court is affirmed

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MARK A. DUDA v. SHIRLIE A. MCMANUS HUNT

Judgment pertaining to the ruling on visitation, the award of attorney?s fees to appellee, and the downward deviation from the presumptive child support guidelines for medical insurance costs are affirmed; judgment pertaining to the deduction for one-half of appellant?s self-employment tax is reversed and this matter is remanded to the trial court

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STROUD v. STROUD

Trial court did not err in permitting the introduction of evidence concerning the negotiations before execution of the PSA, but erred in finding that appellant had not established appellee?s cohabitation by a preponderance of the evidence and that, under PSA, individuals of the same sex cannot cohabitate in a situation analogous to marriage in VA; judgment reversed and remanded to trial court

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WISE v. COMMONWEALTH

This Court holds that Code Section 18.2-460(C) does not reach a substantial amount of constitutionally protected speech and is not facially violative of the First Amendment; appellant?s conviction of obstructing justice in violation of Code Section 18.2-460(C) is affirmed

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RADISSON HOTEL v. TISDALE

Summary affirmance ? commission did not err in finding that appellee sustained her burden of proving her right carpal tunnel syndrome constituted a compensable ordinary disease of life

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TRANS WORLD AIRLINES v. MALICK

Summary affirmance ? no error in commission?s finding that appellee proved he suffered an aggravation of his original compensable injury by accident rather than a new injury by accident

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FERGUSON v. COMMONWEALTH

Trial judge did not err in finding the evidence sufficient to prove beyond a reasonable doubt that appellant?s failure to appear was willful; appellant?s conviction of failure to appear in court is affirmed

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DUDA v. HUNT

Judgment pertaining to the ruling on visitation, the award of attorney?s fees to appellee, and the downward deviation from the presumptive child support guidelines for medical insurance costs are affirmed; judgment pertaining to the deduction for one-half of appellant?s self-employment tax is reversed and this matter is remanded to the trial court

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A.O.V. v. J.R.V.

Trial court erred in refusing to grant appellant a reservation of the right to seek future spousal support; this matter is remanded to the trial court for inclusion of a reservation in the decree; trial court?s decisions regarding the other issues raised by appellant are affirmed

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GARY WALTER WRIGHT v. COMMONWEALTH

Appellant?s conviction for petit larceny third or subsequent offense is affirmed as the evidence is sufficient to support that conviction; appellant?s conviction for common law burglary is reversed as the evidence was insufficient to support that conviction and the case is remanded to the trial court for a new sentencing proceeding on the lesser-included offense of statutory burglary

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TIMOTHY ROLLISON v. COMMONWEALTH

Trial court did not commit reversible error in instructing the jury, after appellant?s closing argument and before the Commonwealth?s rebuttal argument, that self-defense was not an issue in the case and that it must decide the case based on the instructions previously given; appellant?s convictions are affirmed

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MARK ANTHONY GRAVES v. COMMONWEALTH

Trial court did not err in excluding evidence of the victim?s bias against appellant, in exercising jurisdiction over the charged criminal offenses, or in holding the evidence was sufficient to convict appellant; appellant?s convictions for two counts of third-offense domestic assault and battery are affirmed

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KIMBERLY J. HOSIER v. CHARLES S. HOSIER

Trial court reasonably calculated the value of wife?s separate interest in marital home, did not err in ordering the home sold on the open market, had jurisdiction to require the sale of personal property, acted within its factfinding discretion in awarding child and spousal support, properly declined wife?s request for an award of attorney fees, and did not err in finding wife in contempt

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ADIAN MARSELL BARTH v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to strike the breaking and entering charge as the evidence was sufficient to support appellant?s conviction of breaking and entering with the intent to commit assault and battery

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B. P. SOLAR v. JONES

Commission did not err in finding that employer was not entitled to receive a credit for claimant?s short and long-term disability payments from an independent source

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NURSES 4 YOU, INC. v. FERRIS

Commission did not err in awarding claimant medical benefits for the injury she sustained when she fell on a wheelchair ramp as claimant satisfied her burden of proving that her injury arose out of her employment; commission?s decision is affirmed

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WRIGHT v. COMMONWEALTH

Appellant?s conviction for petit larceny third or subsequent offense is affirmed as the evidence is sufficient to support that conviction; appellant?s conviction for common law burglary is reversed as the evidence was insufficient to support that conviction and the case is remanded to the trial court for a new sentencing proceeding on the lesser-included offense of statutory burglary

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ROLLISON v. COMMONWEALTH

Trial court did not commit reversible error in instructing the jury, after appellant?s closing argument and before the Commonwealth?s rebuttal argument, that self-defense was not an issue in the case and that it must decide the case based on the instructions previously given; appellant?s convictions are affirmed

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RECTOR v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to suppress as established Fourth Amendment precedent supports the trial court?s ruling; judgment affirmed

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GRAVES v. COMMONWEALTH

Trial court did not err in excluding evidence of the victim?s bias against appellant, in exercising jurisdiction over the charged criminal offenses, or in holding the evidence was sufficient to convict appellant; appellant?s convictions for two counts of third-offense domestic assault and battery are affirmed

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HOSIER v. HOSIER

Trial court reasonably calculated the value of wife?s separate interest in marital home, did not err in ordering the home sold on the open market, had jurisdiction to require the sale of personal property, acted within its factfinding discretion in awarding child and spousal support, properly declined wife?s request for an award of attorney fees, and did not err in finding wife in contempt

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TAYLOR v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress; appellant?s conviction for carrying a concealed weapon is affirmed

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BARTH v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to strike the breaking and entering charge as the evidence was sufficient to support appellant?s conviction of breaking and entering with the intent to commit assault and battery

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