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Monthly Archives: July 2007

ELSIE LORRAINE LILLY v. COMMONWEALTH OF VIRGINIA

Partial repeal of the habitual offender statute in 1999 did not render enforcement of the unrepealed portion unconstitutional; trial court did not err in precluding appellant from informing jury, prior to sentencing, about mandatory minimum punishment

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JOHN BOATWRIGHT, IV v. COMMONWEALTH OF VIRGINIA

As university police officer was within a statutorily prescribed distance from the jurisdictional limits of his service area, trial court properly denied motion to suppress and conviction of driving under the influence is affirmed

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CAROL BOGOSSIAN BERRYHILL v. JEFFREY SCOTT BERRYHILL

Trial court failed to make written findings to explain its award of spousal support as required under Code Section 20-107.1(F); that part of order reversed and matter remanded to trial court for further proceedings

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ELIZABETH ANDERSON v. CITY OF HAMPTON DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in admitting expert's testimony, in approving modification in foster care goal or finding child suffered abuse or neglect; however, as evidence did not support conclusion that appellant was unwilling or unable to remedy alleged abuse within reasonable time, order terminating parental rights reversed

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CHRISTOPHER JAMES GUINYARD v. COMMONWEALTH

Finding a campus police officer employed by a private university does not fit within definition of law-enforcement officer under Code Section 18.2-57(C), matter remanded to trial court for sentencing on lesser-included offense of assault and battery

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JAMES MELVIN ASHBY v. RAMAR COAL COMPANY, INC., et al.

Summary affirmance - No error in commission's finding that it lacked jurisdiction to consider claim for benefits alleging injury by accident where appellant did not establish grounds for applying doctrine of imposition to toll statute of limitations

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GEORGE ROBERT FRAZIER v. COMMONWEALTH

Evidence supported appellant's conviction of stalking where appellant engaged in conduct directed at victim on more than one occasion he reasonably should have known would place victim in reasonable fear of death, criminal sexual assault or bodily injury

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CHRISTOPHER NATHANIEL ARCHIE v. COMMONWEALTH

Trial court did not err in its denial of motion to suppress statements appellant made to police and physical evidence seized as a result of those statements where officers used reasonable methods to protect themselves during stop

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LEWIS v. CULPEPER COUNTY

Trial court lacked jurisdiction over the petition to terminate appellant's parental rights after appellee's nonsuit; order is vacated and petition is dismissed

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LILLY v. COMMONWEALTH

Partial repeal of the habitual offender statute in 1999 did not render enforcement of the unrepealed portion unconstitutional; trial court did not err in precluding appellant from informing jury, prior to sentencing, about mandatory minimum punishment

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BOATWRIGHT v. COMMONWEALTH

As university police officer was within a statutorily prescribed distance from the jurisdictional limits of his service area, trial court properly denied motion to suppress and conviction of driving under the influence is affirmed

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BERRYHILL v. BERRYHILL

Trial court failed to make written findings to explain its award of spousal support as required under Code Section 20-107.1(F); that part of order reversed and matter remanded to trial court for further proceedings

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ANDERSON v. CITY OF HAMPTON

Trial court did not err in admitting expert's testimony, in approving modification in foster care goal or finding child suffered abuse or neglect; however, as evidence did not support conclusion that appellant was unwilling or unable to remedy alleged abuse within reasonable time, order terminating parental rights reversed

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GUINYARD v. COMMONWEALTH

Finding a campus police officer employed by a private university does not fit within definition of law-enforcement officer under Code Section 18.2-57(C), matter remanded to trial court for sentencing on lesser-included offense of assault and battery

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INOVA FAIR OAKS HOSPITAL v. EPPS

Summary affirmance - no error in commission's finding that appellee proved she sustained injury by accident arising out of and in the course of her employment

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ASHBY v. RAMAR COAL COMPANY

Summary affirmance - No error in commission's finding that it lacked jurisdiction to consider claim for benefits alleging injury by accident where appellant did not establish grounds for applying doctrine of imposition to toll statute of limitations

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FRAZIER v. COMMONWEALTH

Evidence supported appellant's conviction of stalking where appellant engaged in conduct directed at victim on more than one occasion he reasonably should have known would place victim in reasonable fear of death, criminal sexual assault or bodily injury

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LOWE'S et al. v. GARVER

Summary affirmance - appellee proved his back surgery and total disability were causally related to compensable injury by accident

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ARCHIE v. COMMONWEALTH

Trial court did not err in its denial of motion to suppress statements appellant made to police and physical evidence seized as a result of those statements where officers used reasonable methods to protect themselves during stop

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RASHEIK K. BATTLE v. COMMONWEALTH

Appellant?s conviction for disorderly conduct is reversed and the warrant is dismissed as the other-crimes proviso of Code Section 18.2-415 applies to appellant?s conduct at issue

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ANSELMO M. ROZARIO v. COMMONWEALTH

Upon rehearing en banc, the trial court did not err in considering the results of the Alcosensor test; appellant?s sufficiency argument is moot; appellant?s conviction for contempt of court is affirmed

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HEDGE EVERETT WASHINGTON, JR. v. COMMONWEALTH

Trial judge did not err in ruling he lacked the authority to modify an order committing appellant to the Department of Juvenile Justice more than sixty days from the date of entry of the order

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RICHARD CALVERT CROSON v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the stop was lawful; appellant?s conviction of felony possession of cocaine is affirmed

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BATTLE v. COMMONWEALTH

Appellant?s conviction for disorderly conduct is reversed and the warrant is dismissed as the other-crimes proviso of Code Section 18.2-415 applies to appellant?s conduct at issue

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RICHARDSON v. LENSIS BUILDERS

No error in commission?s finding that appellee met its burden of proving appellant refused selective employment within his work capacity

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WASHINGTON v. COMMONWEALTH

Trial judge did not err in ruling he lacked the authority to modify an order committing appellant to the Department of Juvenile Justice more than sixty days from the date of entry of the order

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CROSON v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the stop was lawful; appellant?s conviction of felony possession of cocaine is affirmed

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MANOR CARE HEALTH SERVICES v. SMITH

Summary affirmance ? no error in commission?s finding that appellee proved her right total knee replacement and disability were causally related to her compensable injury by accident

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GUERRA v. HAWK, INC.

Summary affirmance ? commission?s decision denying claimant?s claim for permanent partial disability benefits is affirmed

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ROZARIO v. COMMONWEALTH

Upon rehearing en banc, the trial court did not err in considering the results of the Alcosensor test; appellant?s sufficiency argument is moot; appellant?s conviction for contempt of court is affirmed

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DEBORAH CLARE OLSON v. SCOTT CHARLES OLSON

Trial court erred in failing to provide a sufficient explanation for its departure from the statutory child support guidelines; judgment reversed and case remanded to the trial court

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ERIC FITZGERALD JONES v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s convictions; trial court did not abuse its discretion in permitting the expert?s demonstration; remaining issue is barred by Rule 5A:18; trial court?s judgment and appellant?s convictions are affirmed

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WILLIAMS STEEL ERECTION COMPANY, INC. AND LUMBERMEN?S UNDERWRITING ALLIANCE v. FRANK SAMUEL CONELY

Summary affirmance ? commission did not err in finding that claimant?s claim for permanent partial disability benefits for disfigurement associated with his injury by accident was timely and not barred by the doctrine of laches, and that claimant was entitled to return to doctor for an impairment rating of his injuries

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