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TINA WILSON, F/K/A TINA M. EPLEY v. JAMES O. EPLEY

Trial court did not err in awarding father sole legal and physical custody of parties? daughter where evidence supported finding that best interest of child would be served by awarding custody to father

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SMITH v. COMMONWEALTH

Evidence was sufficient to support appellant?s conviction of possession of cocaine with intent to distribute where it proved appellant possessed cocaine found in wooded area where he fled after being stopped for traffic offense

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DENORY A. BELL v. COMMONWEALTH OF VIRGINIA

No error in appellant?s convictions of two counts of forcible sodomy where evidence was sufficient to prove element of intimidation as required by statute

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ELAM v. COMMONWEALTH

No error in trial court?s finding that victim?s testimony was not inherently incredible as a matter of law and was sufficient to support appellant?s conviction of rape

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FOOD LION v. DALTON

Commission erred in concluding employer?s application alleging unjustified refusal of selective employment and supporting documentation failed to provide probable cause to justify referring application to the commission?s hearing docket

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MILLER v. POTOMAC HOSPITAL FOUNDATION

Commission erred in using doctrine of imposition to review a decision of deputy commissioner not appealed, erred in finding that deputy commissioner lacked jurisdiction to order payment to medical provider when payment had been made by third-party insurer, and in finding that penalties could not be assessed against the Fund

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KIRBY v. COMMONWEALTH

No reversible error in trial court?s refusal to replay videotape of appellant?s confession during jury deliberations given Commonwealth?s stipulation of its narrative content, the jury?s previous viewing of videotape in open court, jury?s in-court review of agreed transcript of videotape, and nearly identical evidence presented from investigator

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FOOD LION, LLC AND DELHAIZE AMERICA, INC. v. CHARLES H. DALTON

Commission erred in concluding employer?s application alleging unjustified refusal of selective employment and supporting documentation failed to provide probable cause to justify referring application to the commission?s hearing docket

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KENNEMORE v. COMMONWEALTH

Trial court did not err in its instruction to jury about the necessary causal relationship between the arson and the victim?s death in response to question from jury during deliberations

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NANCY J. MILLER v. POTOMAC HOSPITAL FOUNDATION AND RECIPROCAL OF AMERICA/VIRGINIA PROPERTY & et al.

Commission erred in using doctrine of imposition to review a decision of deputy commissioner not appealed, erred in finding that deputy commissioner lacked jurisdiction to order payment to medical provider when payment had been made by third-party insurer, and in finding that penalties could not be assessed against the Fund

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EARL KRUGER KIRBY, III v. COMMONWEALTH OF VIRGINIA

No reversible error in trial court?s refusal to replay videotape of appellant?s confession during jury deliberations given Commonwealth?s stipulation of its narrative content, the jury?s previous viewing of videotape in open court, jury?s in-court review of agreed transcript of videotape, and nearly identical evidence presented from investigator

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BRIAN ALDEN KENNEMORE v. COMMONWEALTH OF VIRGINIA

Trial court did not err in its instruction to jury about the necessary causal relationship between the arson and the victim?s death in response to question from jury during deliberations

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JERRY DAVID SAYERS v. COMMONWEALTH OF VIRGINIA

Appellant?s conviction of statutory burglary affirmed where evidence was sufficient to support jury?s finding that appellant?s entry into residence was without permission

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CAMPBELL COUNTY v. BRIZENDINE

No error in trial court?s finding that appellant failed to prove by clear and convincing evidence that termination of appellees? parental rights to three of their children was appropriate

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SWITZER v. SWITZER

Summary affirmance ? Trial court did not err in finding custody issue has been fully and finally litigated and is barred by res judicata

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SAYERS v. COMMONWEALTH

Appellant?s conviction of statutory burglary affirmed where evidence was sufficient to support jury?s finding that appellant?s entry into residence was without permission

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RODNEY WILLIAM LIGHTFOOT v. COMMONWEALTH OF VIRGINI

Upon Rehearing En Banc ? No error in trial court?s ruling that appellant failed to establish a prima facie case of purposeful discrimination in response to Commonwealth?s use of peremptory strikes to remove two African-American women from venire

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LIGHTFOOT v. COMMONWEALTH

Upon Rehearing En Banc ? No error in trial court?s ruling that appellant failed to establish a prima facie case of purposeful discrimination in response to Commonwealth?s use of peremptory strikes to remove two African-American women from venire

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HENSLEY v. CULPEPER COUNTY

No error in trial court?s decision to terminate appellant?s parental rights to three of her children where evidence proved foster care plans were timely filed, the appellee met its burden of proof by clear and convincing evidence, and appellee timely pursued termination petitions

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FINNERTY v. ROBINSON

Trial court erred in reversing decision of hearing officer as to fair market value of appellee?s residence; evidence supported hearing officer?s finding that the county?s tax assessment of the property reflected its fair market value

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MILES v. CULPEPER COUNTY

No error in trial court?s decision to terminate appellant?s parental rights to three of his children where evidence proved foster care plans were timely filed, the appellee met its burden of proof by clear and convincing evidence, and appellee timely pursued termination petitions

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RODRIQUES v. COMMONWEALTH

Evidence was sufficient to support convictions of two counts of forging a public document and two counts of uttering forged document where appellant provided false information to police knowing information was used to prepare summonses and then signed summonses illegibly in his own name knowing they contained false information

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PETRAITIS v. PREVENT BLINDNESS AMERICA

Summary affirmance ? No error in commission?s finding that appellant failed to prove he sustained an injury by accident arising out of and in the course of his employment

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IVAN RODRIQUEZ, S/K/A IVAN JESUS RODRIQUES v. COMMONWEALTH OF VIRGINIA

Evidence was sufficient to support convictions of two counts of forging a public document and two counts of uttering forged document where appellant provided false information to police knowing information was used to prepare summonses and then signed summonses illegibly in his own name knowing they contained false information

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TRACY HENSLEY v. CULPEPER COUNTY DEPARTMENT OF SOCIAL SERVICES

No error in trial court?s decision to terminate appellant?s parental rights to three of her children where evidence proved foster care plans were timely filed, the appellee met its burden of proof by clear and convincing evidence, and appellee timely pursued termination petitions

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LESLIE NEIL MILES v. CULPEPER COUNTY DEPARTMENT OF SOCIAL SERVICES

No error in trial court?s decision to terminate appellant?s parental rights to three of his children where evidence proved foster care plans were timely filed, the appellee met its burden of proof by clear and convincing evidence, and appellee timely pursued termination petitions

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COMMONWEALTH OF VIRGINIA v. RICHARD PHILLIPS

Argument raised on appeal, that the trial court erred by dismissing an indictment charging object sexual penetration on speedy trial grounds, barred by Rule 5A:18

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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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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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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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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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