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Monthly Archives: October 2007

FLORIO v. CLARK

Trial court did not err in finding clear and convincing evidence of special and unique circumstances rebutting the presumption of favor of awarding custody of child to parent, in denying custody of child to appellant, and in finding best interests of child would be served by awarding custody of child to aunt and her husband

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LARGE v. COMMONWEALTH

No error in appellant?s conviction of involuntary manslaughter where evidence was sufficient to prove appellant owned two of the dogs involved in the attack and knew or should have known they were dangerous; no error in trial court?s refusal to appoint appellant a trace evidence expert or an animal behavior expert

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JAMIL ALI RASHAD v. COMMONWEALTH OF VIRGINIA

No error in trial court?s refusal to suppress statements made by appellant where appellant initiated further conversation with the police and voluntarily waived his right to counsel; trial court did not err in convicting appellant of use of a firearm in commission of statutory burglary as Code § 18.2-53.1 refers to generic term burglary

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MARCELLUS CARDELL GRAY v. COMMONWEALTH OF VIRGINIA

Trial court did not err in denying motion to suppress as conduct at issue in appellant?s conviction of felony eluding occurred subsequent to any attempted unlawful detention; evidence proved appellant?s driving endangered pedestrians and other drivers

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JAMES GREGORY LOGAN v. COMMONWEALTH OF VIRGINIA

Trial court did not err in admitting evidence of appellant?s possession of cocaine in this revocation proceeding as the exclusionary rule does not apply to revocation hearings; trial court did not err in revoking probation finding a violation of good behavior provision where record shows appellant had notice of what probation violations were lodged against him

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PERNELL ANDREW HOBSON v. COMMONWEALTH OF VIRGINIA

Trial court did not err in admitting certificate of analysis where evidence proved Commonwealth provided copy of certificate pursuant to appellant?s first attorney?s discovery request and did not provide copy to appellant?s second attorney despite his timely request

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WAL-MART ASSOCIATES, INC., AND ET AL v. JONATHAN EDWARD CANNON

Commission did not err in finding appellants owed unpaid wage benefits and a penalty to appellee under an open award where employer had all the necessary information to file a change-in-circumstances application when appellant went back to work shortly after his injury and failed to do so despite being reminded several times

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FAYE M. ALLEN v. LAWRENCE C. ALLEN

Trial court did not err in refusing to grant appellant a divorce on ground of constructive desertion, granting appellee a divorce on ground of desertion, refusing award of spousal support to appellant or in refusing her request for attorney?s fees

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ALAN K. BANKS v. VALERIE BROWN

Trial court did not err in denying appellant?s request to reduce spousal support award where no evidence proved material change in circumstances to warrant a reduction; trial court did not err in awarding appellee her attorneys? fees

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KELVIN MAURICE BELTON v. COMMONWEALTH OF VIRGINIA

Trial court erred in finding Commonwealth?s evidence of force sufficient to sustain a conviction of felony obstruction; as evidence did prove appellant obstructed officer in performance of his duties, matter remanded for resentencing on lesser-included misdemeanor obstruction conviction

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RASHAD v. COMMONWEALTH

No error in trial court?s refusal to suppress statements made by appellant where appellant initiated further conversation with the police and voluntarily waived his right to counsel; trial court did not err in convicting appellant of use of a firearm in commission of statutory burglary as Code § 18.2-53.1 refers to generic term burglary

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HARRISON v. OCEAN VIEW FISHING PIER

Trial court erred in finding that the Board?s decision issuing ABC licenses with restrictions was arbitrary and capricious; matter remanded to trial court for remand to the Board to make findings and conclusions of law to support its decision regarding the licenses

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GRAY v. COMMONWEALTH

Trial court did not err in denying motion to suppress as conduct at issue in appellant?s conviction of felony eluding occurred subsequent to any attempted unlawful detention; evidence proved appellant?s driving endangered pedestrians and other drivers

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BYRD v. COMMONWEALTH

Trial court erred in failing to suppress heroin found in appellant?s pocket where informant?s tip did not provide officers with probable cause as it did not provide personal or inside knowledge of appellant?s activities

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LOGAN v. COMMONWEALTH

Trial court did not err in admitting evidence of appellant?s possession of cocaine in this revocation proceeding as the exclusionary rule does not apply to revocation hearings; trial court did not err in revoking probation finding a violation of good behavior provision where record shows appellant had notice of what probation violations were lodged against him

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HOBSON v. COMMONWEALTH

Trial court did not err in admitting certificate of analysis where evidence proved Commonwealth provided copy of certificate pursuant to appellant?s first attorney?s discovery request and did not provide copy to appellant?s second attorney despite his timely request

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WAL-MART ASSOCIATES v. CANNON

Commission did not err in finding appellants owed unpaid wage benefits and a penalty to appellee under an open award where employer had all the necessary information to file a change-in-circumstances application when appellant went back to work shortly after his injury and failed to do so despite being reminded several times

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ALLEN v. ALLEN

Trial court did not err in refusing to grant appellant a divorce on ground of constructive desertion, granting appellee a divorce on ground of desertion, refusing award of spousal support to appellant or in refusing her request for attorney?s fees

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BANKS v. BROWN

Trial court did not err in denying appellant?s request to reduce spousal support award where no evidence proved material change in circumstances to warrant a reduction; trial court did not err in awarding appellee her attorneys? fees

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RAIKES v. COMMONWEALTH

Trial court did not err in denying motion to strike evidence where review of entire record shows it is clear that the correct date of appellant?s arrest was in evidence and time is not element of driving under the influence

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BELTON v. COMMONWEALTH

Trial court erred in finding Commonwealth?s evidence of force sufficient to sustain a conviction of felony obstruction; as evidence did prove appellant obstructed officer in performance of his duties, matter remanded for resentencing on lesser-included misdemeanor obstruction conviction

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