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Monthly Archives: August 2007

JAMES LEONARD GIBSON v. COMMONWEALTH

No error in appellant?s convictions of failure to pay tax where evidence showed that despite fact that appellant truthfully accounted for his company?s tax obligations, he failed to pay his company?s tax obligations

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W. FRANK SMART, JR. v. COMMONWEALTH

Evidence sufficient to support appellant?s rape conviction; any error in trial court?s denial of discovery motion to obtain tape recording harmless where appellant made tape, testified to its contents, and contents of tape was cumulative of testimony of multiple witnesses

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DODD v. COMMONWEALTH

No error in trial court?s refusal to suppress evidence collected after appellant?s arrest where trial court found officers had probable cause to arrest appellant

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GIBSON v. COMMONWEALTH

No error in appellant?s convictions of failure to pay tax where evidence showed that despite fact that appellant truthfully accounted for his company?s tax obligations, he failed to pay his company?s tax obligations

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HARRISON v. HARRISON

Trial court erred in its equitable distribution of parties? property where it divided an asset whose value could not be determined after presentation of evidence by parties

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SMART v. COMMONWEALTH

Evidence sufficient to support appellant?s rape conviction; any error in trial court?s denial of discovery motion to obtain tape recording harmless where appellant made tape, testified to its contents, and contents of tape was cumulative of testimony of multiple witnesses

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GARRETT v. WARREN COUNTY

Trial court did not err in its analysis of Code §§ 20-124.2 and 20-124.3 and in concluding that it was in best interest of children to deny custody to appellant, their grandfather

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WEST v. NEW KENT

Summary affirmance ? no error in trial court?s finding that appellant?s son was abused and neglected as defined in Code § 16.1-228

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COMMONWEALTH v. BOWMAN

No error in trial court?s decision to suppress statements made pre and post Miranda where trial court found officers deliberately engaged in two-step interrogation strategy

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JAVIER AMILCAR VELASQUEZ v. COMMONWEALTH

Court finds that jury instruction at issue was an accurate statement of the applicable law in this case and jury was properly instructed as to elements of crime of rape, a crime that does not require a specific intent

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KEVIN CRESWELL BLAKE v. COMMONWEALTH

No error in trial court?s denial of motion to suppress where fact finder could reasonably infer that appellant continued to occupy room where firearms found, that he was aware of firearms in closet, and that firearms were subject to his dominion and control

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NORDSTROM v. SCOTT

Trial court lacked jurisdiction under Virginia?s version of the Uniform Interstate Family Support Act to modify existing child support order when neither of the parties nor the child continued to reside in Virginia; order vacated and appellee?s motion to modify is dismissed

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VIRGINIA NATURAL GAS v. TENNESSEE

No error in commission?s refusal to allow employer credit in its determination of permanent partial disability benefits for employee?s pre-existing condition where no evidence presented showed employee suffered functional loss of use of his leg prior to work-related injury

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MCDANIEL v. PHILIP MORRIS USA

No error in commission?s termination of appellant?s temporary total disability benefits based on finding that appellant?s ongoing disability was not causally related to his compensable injury

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VELASQUEZ v. COMMONWEALTH

Court finds that jury instruction at issue was an accurate statement of the applicable law in this case and jury was properly instructed as to elements of crime of rape, a crime that does not require a specific intent

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BLAKE v. COMMONWEALTH

No error in trial court?s denial of motion to suppress where fact finder could reasonably infer that appellant continued to occupy room where firearms found, that he was aware of firearms in closet, and that firearms were subject to his dominion and control

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DETERMAN v. COMMONWEALTH

No error in appellant?s conviction of assault and battery on a law-enforcement officer where evidence proved appellant intentionally urinated on the officer

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UNINSURED EMPLOYER?S FUND v. JAMES MILTON CARTER, JR.

Commission did not err in finding that employer is subject to the Workers? Compensation Act and that appellee sustained an injury by accident; commission erred in finding that appellee suffered a continuing disability; award affirmed in part, reversed in part and case remanded

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