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Monthly Archives: June 2007

DERRICK A. PHARR v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress the Commonwealth?s evidence relating to a buccal swab he voluntarily provided in an unrelated criminal investigation as appellant?s reasonable expectation of privacy in that DNA sample ended when he voluntarily provided it for DNA analysis, without limiting its subsequent use for the same purpose in other investigations

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KATHLEEN K. TUCK v. LENARD W. TUCK

Trial court did not err in imputing income to appellant and reducing spousal support; as appellant presented no authority in her brief for the remaining issues, appellant has waived argument on appeal on those issues; judgment affirmed and case remanded

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MICHAEL TYRONE JORDAN v. COMMONWEALTH

No error in trial court?s finding that the evidence was sufficient to convict appellant of attempted robbery, possession of heroin, and possession of a firearm while in possession of a controlled substance; appellant?s convictions are affirmed

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SWALEF v. ANDERSON

Circuit court did not abuse its discretion when it declined to exercise jurisdiction over the custody petition filed by father or when it deferred to the authority of the White Earth Court; judgment affirmed

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PHARR v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress the Commonwealth?s evidence relating to a buccal swab he voluntarily provided in an unrelated criminal investigation as appellant?s reasonable expectation of privacy in that DNA sample ended when he voluntarily provided it for DNA analysis, without limiting its subsequent use for the same purpose in other investigations

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TUCK v. TUCK

Trial court did not err in imputing income to appellant and reducing spousal support; as appellant presented no authority in her brief for the remaining issues, appellant has waived argument on appeal on those issues; judgment affirmed and case remanded

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JORDAN v. COMMONWEALTH

No error in trial court?s finding that the evidence was sufficient to convict appellant of attempted robbery, possession of heroin, and possession of a firearm while in possession of a controlled substance; appellant?s convictions are affirmed

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DALE CHOFFEL CONSTRUCTION v. CARRAWAY

Summary affirmance - as this appeal is without merit insofar as it pertains to the second question presented, the award with respect to that question is affirmed; appeal is dismissed with respect to the first question presented as appellants failed to comply with the requirements of Rule 5A:20(e)

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COMMONWEALTH v. BELFIELD

Trial court erred in granting appellee?s motion to suppress the evidence; the pre-trial suppression order is reversed and the matter is remanded to the trial court

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MONICA D. BURRELL v. COMMONWEALTH

Appellant?s convictions for making a false application for welfare and welfare fraud are affirmed as the evidence was sufficient to show that appellant used a false address, with the intent to defraud, when applying for and receiving public assistance

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RODNEY LEON WOOD v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s conviction for possession of cocaine; trial court did not abuse its discretion in admitting the certificate of analysis; appellant?s conviction is affirmed

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JOBY JERMARR BROOKS v. COMMONWEALTH

Trial court did not abuse its discretion in qualifying the officer as an expert witness; trial court did not err in finding the evidence sufficient to support appellant?s conviction for possession with intent to distribute

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DERRICK MICHAEL EVANS v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to set aside the verdict as the record supports the trial court?s finding of the juror?s impartiality; trial court did not err in determining that appellant had failed to meet the requirements of Blevins v. Commonwealth; judgment of the trial court is affirmed

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PRYOR v. COMMONWEALTH

No error in trial court?s admission of the videotape or in the rationality of the jury?s verdict of guilt; appellant?s conviction for distribution of cocaine is affirmed

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BURRELL v. COMMONWEALTH

Appellant?s convictions for making a false application for welfare and welfare fraud are affirmed as the evidence was sufficient to show that appellant used a false address, with the intent to defraud, when applying for and receiving public assistance

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HAIRSTON v. COMMONWEALTH

Trial court did not err when it quashed appellant?s subpoena duces tecum seeking the victim?s counseling records; appellant?s convictions are affirmed

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GROVES v. COMMONWEALTH

Trial judge did not err in rejecting appellant?s claim-of-right defense; appellant?s conviction for larceny by false pretenses is affirmed

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WOOD v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s conviction for possession of cocaine; trial court did not abuse its discretion in admitting the certificate of analysis; appellant?s conviction is affirmed

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BROOKS v. COMMONWEALTH

Trial court did not abuse its discretion in qualifying the officer as an expert witness; trial court did not err in finding the evidence sufficient to support appellant?s conviction for possession with intent to distribute

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