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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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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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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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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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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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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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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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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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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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