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Monthly Archives: December 2007

CHARLES TIMOTHY SADLER v. COMMONWEALTH OF VIRGINIA

Evidence was sufficient to support appellant?s conviction of taking indecent liberties with a minor while in a custodial or supervisory relationship where it proved appellant sexually abused the victim while he maintained a custodial or supervisory relationship with her as her athletic coach and was in a position of authority and trust

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CURTIS WAYNE BOWLING, A/K/A MARK A. WOOD v. COMMONWEALTH OF VIRGINIA

Release to Internet: Date Withdrawn: January February March No error in appellant?s conviction of failure to appear where trial court found that Code § 19.2?128 applies to a person who has pleaded guilty to a felony offense and then fails to appear for sentencing as that person remains ?charged? with an offense after conviction and prior to sentencing

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VALERIE R. WHITE v. COMMONWEALTH OF VIRGINIA

Trial court did not err in finding appellant violated the terms of her first offender status where evidence proved appellant violated good behavior condition by using cocaine after she completed her supervised probation and during time court had continued case to allow her time to pay court costs as case was still before the court

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ARNOLD LYNN DE'ARMOND v. COMMONWEALTH OF VIRGINIA

No error in trial court?s refusal to merge appellant?s three charges of aggravated sexual battery into one count where appellant was convicted in a simultaneous prosecution and evidence was sufficient to support three separate acts of touching separate intimate parts

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E. DUANE HOWARD v. CITY OF ROANOKE

Evidence of appellant?s entire course of conduct, excluding the content of his verbal utterances, was sufficient to support appellant?s conviction of disorderly conduct during a city council meeting

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JOHN WELFORD CARPENTER, JR. v. COMMONWEALTH OF VIRGINIA

Trial court did not err in allowing into evidence testimony of appellant?s spouse and a tape recording of a conversation between the two where both violated evidentiary privilege in force at time of recording but not the amended statute in force at time of appellant?s trial; evidence was sufficient to support appellant?s convictions of rape and forcible sodomy

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MICHAEL RAY FERGUSON, JR. v. COMMONWEALTH OF VIRGINIA

Trial court erred in denying motion to suppress appellant?s statements made to officers where appellant made clear and unequivocal request for counsel, officers did not cease their interrogation of appellant in honor of that request, and appellant remained in continuous custody of police officers

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DONALD H. ROPER v. COMMONWEALTH OF VIRGINIA

Trial court erred in permitting appellant?s statement to police to be put into evidence to rebut his testimony where appellant suffered prejudice from Commonwealth?s failure to disclose the statement it used to impeach him and his defense was dependent upon jury?s finding him to be credible

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EDWOOD C. SPENCER v. COMMONWEALTH OF VIRGINIA

Judgment of trial court affirmed without reaching issue raised by appellant as he did not challenge other ground court used in revoking his probation and that ground is legally sufficient to support revocation and does not reflect abuse of discretion

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CAREY DEAN ROBERTS v. DEBORA B. ROBERTS

Trial court did not err in awarding bulk of marital estate to wife where husband made only negative contributions to the marriage and husband?s behavior affected marital estate; appellant?s other issues barred by Rule 5A:20(e)

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QAADIR TARIQ HASAN v. COMMONWEALTH OF VIRGINIA

Trial court did not err in denying motion to suppress appellant?s statements to police where evidence showed appellant not ?in custody? when police asked only general questions of the sort intended to learn appellant?s identity after stop of his vehicle and ensure officers? safety and officers informed him that he was not under arrest

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ALFRED LEE SPIVEY v. COMMONWEALTH OF VIRGINIA

Evidence sufficient to support appellant?s conviction of possession of heroin where it proved appellant had actual and knowing possession of heroin capsule in his hand when police officer found him unconscious in passenger seat of vehicle

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TIFFANY SHANTELE SPEARS v. COMMONWEALTH OF VIRGINIA

Trial court did not abuse its discretion in denying appellant?s motion for a continuance, the morning of trial, to allow her time to retain an attorney where court noted difficulty in securing presence of witnesses for both sides and appellant?s attorney was prepared for trial

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SHAKINA NICOLE PIATT v. ANTHONY COLVIN

Trial court did not err in dismissing appellant?s appeal from the juvenile and domestic relations district court where it found appellant did not sign the notice of appeal and that it was not signed on her behalf

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ASLI EVERETT v. RONALD JAMES EVERETT

Trial court did not err in correcting a clerical error in the original order which was inconsistent with court?s oral ruling from bench; issue of whether trial court erred in granting husband an extension of time to repay additional attorney?s fees is moot

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VIRGINIA DEPARTMENT OF STATE POLICE v. ROSS M. THOMPSON

Trial court erred in examining conduct at issue in contravention of the standard of review, whether hearing officer?s decision was contradictory to law, in this case and improperly disregarded hearing officer?s factual findings; hearing officer?s decision reinstated

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