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Monthly Archives: November 2007

MARK B. ASBLE v. COMMONWEALTH OF VIRGINIA

Trial court erred in denying motion to suppress where a spoon and syringe found in appellant?s car where officer lacked reasonable articulable suspicion of criminal activity justifying search; convictions of possession of heroin and cocaine reversed and remanded

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CHRISTOPHER ROBIN PATRICK v. COMMONWEALTH OF VIRGINIA

Trial court did not err in instructing jury, in light of all the instructions given, that it could infer appellant was the thief unless appellant could offer a reasonable account of possession of stolen goods consistent with innocence that the Commonwealth failed to prove untrue; all instructions considered together showed instruction not a comment on failure to testify

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JOSHUA PAUL COYLE v. COMMONWEALTH OF VIRGINIA

Evidence was sufficient to support appellant?s conviction of involuntary manslaughter where it proved appellant acted in a criminally negligent manner when he provided dextromethorphan capsules he packaged to victim, victim ingested the capsules, and victim died of an overdose of dextromethorphan

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WILLIAM MARZETTE v. COMMONWEALTH OF VIRGINIA

Trial court erred in denying motion to suppress firearm recovered during an illegal pat down and Commonwealth?s argument of inevitable discovery doctrine does not apply to the facts of this case; conviction of possession of a firearm by a convicted felon reversed and remanded

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MONSERRATE SEIS v. COMMONWEALTH OF VIRGINIA

Trial court did not err in joining multiple offenses together for a single trial where incidents were connected and constituted part of common scheme; trial court did not err in refusing to grant a mistrial based on witness testimony; evidence was sufficient to support convictions

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REX G. DOWTIN v. BARBARA D. DOWTIN

Summary affirmance ? Appellant?s argument that trial court erred by entering final decree that was contrary to an earlier oral finding is without merit as matter was under control of court until time final decree was entered and could revise its findings as necessitated by evidence and arguments of counsel

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SANDRA LANETTE PIERCE v. COMMONWEALTH OF VIRGINIA

Trial court erred in admitting testimony of appellant?s prior conviction of perjury but as this was a bench trial and no evidence in the record indicated that the trial court relied on the improperly admitted evidence in deciding the case, the error was harmless

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LAWRENCE WILLIAMS v. BARBARA H. WILLIAMS

Summary affirmance ? issues raised by appellant on appeal are procedurally defaulted under Rule 5A:18 as statement of facts does not recite any objections or arguments made by appellant to trial court?s rulings

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DOE v. VIRGINIA BOARD OF DENTISTRY

Trial court did not err in affirming Board?s finding that the evidence was sufficient to prove appellant was in violation of 18 VAC 60-20-15(3); remainder of appellant?s questions are either procedurally defaulted or moot

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PIERCE v. COMMONWEALTH

Trial court erred in admitting testimony of appellant?s prior conviction of perjury but as this was a bench trial and no evidence in the record indicated that the trial court relied on the improperly admitted evidence in deciding the case, the error was harmless

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STAR v. COMMONWEALTH

Summary affirmance ? res judicata bars this appeal of the trial court?s denial of appellant?s motion to vacate as the issues and parties are the same as decided in trial court?s final order; appellant sought same remedy in motion to vacate as he requested and was denied by trial court in its final order

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WILKINS v. MAILCON

Summary affirmance ? no error in commission?s finding the appellant failed to prove entitlement to an award of temporary total disability benefits

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GREATER WISE v. YATES

Summary affirmance ? no error in commission?s decision that appellee proved he sustained an injury by accident arising out of and in the course of his employment

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WILLIAMS v. WILLIAMS

Summary affirmance ? issues raised by appellant on appeal are procedurally defaulted under Rule 5A:18 as statement of facts does not recite any objections or arguments made by appellant to trial court?s rulings

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CARTER v. FREDERICKSBURG

Evidence supports trial court?s finding that DSS made reasonable and appropriate efforts to provide services to appellant; trial court did not err in terminating appellant?s parental rights to her child

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KELVIN WATSON v. COMMONWEALTH OF VIRGINIA

Trial court did not err in refusing to suppress evidence obtained during search of appellant where officer had reasonable, articulable suspicion to conduct an investigatory stop for the crime of trespassing; evidence was sufficient to prove an intent to distribute the drugs

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COUNTY OF WASHINGTON v. ROUSE

Commission erred in finding that appellee proved her injury was caused by a condition of her workplace and arose out of her employment when she suffered a fall while entering her place of employment

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MORGAN v. WATKINS

Trial court did not err in finding that an award of spousal support to appellant was not warranted and denying her request for spousal support

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WATSON v. COMMONWEALTH

Trial court did not err in refusing to suppress evidence obtained during search of appellant where officer had reasonable, articulable suspicion to conduct an investigatory stop for the crime of trespassing; evidence was sufficient to prove an intent to distribute the drugs

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NORTON v. CATHOLIC CHARITIES

Trial court lacked jurisdiction to terminate appellant?s parental rights to her children as no valid entrustment agreements were in effect at time trial court terminated

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SOLESBEE v. COMMONWEALTH

Trial court did not err in admitting evidence of other crimes to prove the identity of appellant as the person who robbed the victim and did not err in refusing to dismiss the indictment on the ground that the Commonwealth withheld exculpatory evidence

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CASH v. CLARK

Summarily affirmance ? trial court did not err in its modification of the amount of spousal support owed to appellee; part of appeal dismissed for failure to comply with Rule 5A:20(e)

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JEFFREY LEWIS HALEY v. COMMONWEALTH OF VIRGINIA

Trial court did not err in allowing amendment of some of indictments, refusing to recuse itself after hearing proffer of Commonwealth?s evidence during pretrial motion hearing, and finding evidence sufficient to support appellant?s convictions of rape, object sexual penetration, and indecent liberties with a child

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ANTHONY L. PEOPLES v. COMMONWEALTH OF VIRGINIA

Trial court did not err in finding evidence sufficient to support appellant?s convictions of distributing heroin and distributing controlled substance within 1000 feet of school or in denying appellant?s motion for continuance to obtain presence of witness at trial where trial court found witness was not a material witness

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