Home / Uncategorized (page 24)

Uncategorized

Feed Subscription

RODNEY LEON WOOD v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s conviction for possession of cocaine; trial court did not abuse its discretion in admitting the certificate of analysis; appellant?s conviction is affirmed

Read More »

EVANS v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to set aside the verdict as the record supports the trial court?s finding of the juror?s impartiality; trial court did not err in determining that appellant had failed to meet the requirements of Blevins v. Commonwealth; judgment of the trial court is affirmed

Read More »

WALLER v. COMMONWEALTH

Summary affirmance ? no error in circuit court?s decision affirming the juvenile and domestic relations district court?s denial of appellant?s motion for a reduction in child support

Read More »

GROVES v. COMMONWEALTH

Trial judge did not err in rejecting appellant?s claim-of-right defense; appellant?s conviction for larceny by false pretenses is affirmed

Read More »

BROOKS v. COMMONWEALTH

Trial court did not abuse its discretion in qualifying the officer as an expert witness; trial court did not err in finding the evidence sufficient to support appellant?s conviction for possession with intent to distribute

Read More »

HAIRSTON v. COMMONWEALTH

Trial court did not err when it quashed appellant?s subpoena duces tecum seeking the victim?s counseling records; appellant?s convictions are affirmed

Read More »

WOOD v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s conviction for possession of cocaine; trial court did not abuse its discretion in admitting the certificate of analysis; appellant?s conviction is affirmed

Read More »

MONICA D. BURRELL v. COMMONWEALTH

Appellant?s convictions for making a false application for welfare and welfare fraud are affirmed as the evidence was sufficient to show that appellant used a false address, with the intent to defraud, when applying for and receiving public assistance

Read More »

WILLIAM DOUGLAS MEIEROTTO v. COMMONWEALTH

Appellant?s conviction for driving without a Virginia operator?s license is reversed and the charge is dismissed as a holder of a valid, out-of-state commercial driver?s license, who resides in the Commonwealth but maintains a domicile in the state that issued his CDL, is entitled to drive non-commercial vehicles in the Commonwealth without obtaining a Virginia operator?s license

Read More »

MEIEROTTO v. COMMONWEALTH

Appellant?s conviction for driving without a Virginia operator?s license is reversed and the charge is dismissed as a holder of a valid, out-of-state commercial driver?s license, who resides in the Commonwealth but maintains a domicile in the state that issued his CDL, is entitled to drive non-commercial vehicles in the Commonwealth without obtaining a Virginia operator?s license

Read More »

ROULHAC v. COMMONWEALTH

Trial court erred in denying appellant?s motion to suppress as the police did not have reasonable suspicion to detain or pat him down; judgment reversed and case remanded

Read More »

COMMONWEALTH v. O?NEAL

This Court holds the evidence supports the trial court?s ruling that the emergency aid doctrine did not apply; trial court?s ruling granting the motion to suppress is affirmed

Read More »

MARTIN-BROWER COMPANY v. JARRETT

No error in commission?s finding that the deputy commissioner did not abuse his discretion in refusing to hold the record open after the hearing for a de bene esse deposition, that claimant proved he sustained an injury by accident arising out of and in the course of his employment, and that claimant proved he adequately marketed his residual work capacity

Read More »

YOUNG v. COMMONWEALTH

Trial court did not err in considering all of the evidence and finding appellant knew the nature and character of the drug in her possession; appellant?s conviction for possession of morphine is affirmed

Read More »

RILEY v. RILEY

Summary affirmance ? trial court did not abuse its discretion in awarding joint custody and in declining to award mother primary custody

Read More »

MUHAMMAD v. WARDEN (ORDER)

Upon consideration of a petition for a writ of habeas corpus, respondent's motion to dismiss the petition is granted. Petitioner's various claims alleging ineffective assistance of counsel are rejected as not satisfying the two-pronged test enunciated in Strickland v. Washington, 466 U.S. 668 (1984), and his remaining claims are rejected as lacking merit or as being either procedurally barred or improperly raised.

Read More »

MARTIN-BROWER COMPANY AND ACE AMERICAN INSURANCE COMPANY v. DARREN L. JARRETT

No error in commission?s finding that the deputy commissioner did not abuse his discretion in refusing to hold the record open after the hearing for a de bene esse deposition, that claimant proved he sustained an injury by accident arising out of and in the course of his employment, and that claimant proved he adequately marketed his residual work capacity

Read More »

ANGELA L. YOUNG v. COMMONWEALTH

Trial court did not err in considering all of the evidence and finding appellant knew the nature and character of the drug in her possession; appellant?s conviction for possession of morphine is affirmed

Read More »

PEERLESS INSURANCE CO. v. COUNTY OF FAIRFAX

In a suit seeking to allocate financial responsibility between insurance companies and a county concerning a personal injury involving a storm water detention easement, the trial court did not err in sustaining the county's demurrers and plea in bar. Code § 15.2-970 applies to the easement, and there was no written contract between the county and the insurers as required by this statute. In addition, judicial estoppel did not apply regarding the county's factual positions as to the nature, ownership, and maintenance of the easement, and the breach of implied contract and breach of express contract claims were time-barred. The judgment is affirmed.

Read More »

BRIZZOLARA v. SHERWOOD MEMORIAL PARK

In a corporate governance dispute presented on motions for summary judgment, the trial court erred in ruling that a majority of the directors of a Virginia nonstock corporation could not retire its debt by authorizing payment of outstanding debentures, but correctly ruled under Code § 13.1-842(D) and the language of a special meeting notice, that the members of record on the day before the effective date of the notice could vote at that meeting to remove all of the directors and elect an entirely new board. Aspects of summary judgment availability are also discussed. The judgment is reversed in part, affirmed in part, and remanded with directions.

Read More »

GRANDISON v. COMMONWEALTH

In a cocaine possession prosecution, the trial court erred in refusing to suppress evidence obtained in an unlawful seizure when ? in the absence of other circumstances indicating criminal activity ? the officer removed a folded one-dollar bill from the defendant's pocket and opened it to reveal drugs. The Court of Appeals' judgment affirming the trial court disposition is reversed, and this case is remanded to the Court of Appeals with directions to remand the case to the trial court for a new trial if the Commonwealth be so advised.

Read More »

JACKSON v. HARTIG

In an action for defamation brought by an unsuccessful candidate for election to the Virginia House of Delegates against the author and publisher of a newspaper editorial endorsing the candidate?s opponent, there are no material facts genuinely in dispute and the evidence in the record would not permit a reasonable fact finder to conclude, by clear and convincing evidence, that the defendants acted with actual malice. The judgment of the circuit court granting summary judgment for the defendants and dismissing the defamation action with prejudice is affirmed.

Read More »

MILES v. COMMONWEALTH (ORDER)

Upon considering the Commonwealth's petition for rehearing regarding the prior decision of this appeal reported in Miles v. Commonwealth, 272 Va. 302, 634 S.E.2d 330 (2007), the Court is of the opinion that its judgment reversing the judgment of the circuit court should not be set aside and should stand as issued. Accordingly, the Commonwealth's petition requesting that the defendant be classified as a sexually violent predator and subjected to civil commitment under the Sexually Violent Predators Act is dismissed with prejudice. (<a href="http://www.courts.state.va.us:80/opinions/opnscvwp/1052568.pdf">See the Opinion, Miles v. Commonwealth, dated September 15, 2006</a>)

Read More »

MARK FIVE CONSTRUCTION v. CASTLE CONTRACTORS

In an indemnity action for the benefit of a contractor's insurer against an "intermediate contractor" arising from payments made to an injured worker, the circuit court did not err in sustaining the defendants' demurrer because a party can only seek indemnification under Code § 65.2-304 from persons who would have been liable to pay compensation under the Act and thus are subject to jurisdiction under the Act. Plaintiff did not allege that the defendant contracting company was such a person and, as a matter of law, cannot make that showing. The judgment of the circuit court is affirmed.

Read More »

TORLONI v. COMMONWEALTH

In a personal injury suit against the Commonwealth, the trial court erred in reducing the ad damnum against the Commonwealth to the $100,000 recovery cap provided in the Virginia Tort Claims Act prior to verdict, and also erred in dismissing the plaintiff's claim against the Commonwealth pursuant to Code § 8.01-35.1 on the ground that she had previously recovered $100,000 against another tortfeasor. The judgment of the trial court is reversed and the case is remanded for further proceedings consistent with this opinion.

Read More »

SHELTON v. COMMONWEALTH

In a proceeding under the Civil Commitment of Sexually Violent Predators Act, an inmate properly preserved the argument that his score on a test designed to predict sex offender recidivism fell below the minimum qualifying an inmate for further evaluation under the Act, and the circuit court erred in denying his motion to dismiss under then-applicable Code provisions. Undisputed evidence showed that the correctly computed score on the risk assessment instrument was lower than the minimum required by the statute. The circuit court?s judgment is reversed and the Commonwealth's petition is dismissed with prejudice.

Read More »

BBF, INC. v. ALSTOM POWER, INC.

The claim that an arbitration award of liquidated damages violated the public policy of Virginia did not state a ground for vacating an arbitration award under the governing provisions of Code § 8.01-581.010. Therefore, the trial court did not err in refusing to vacate the arbitration award, and its judgment is affirmed.

Read More »

DALY v. SHEPHERD

Where certain residential real property was capable of co-occupation, in the absence of exclusion or ouster by an occupying co-tenant, the non-occupying co-tenant is not entitled to a ratable share of fair rental value in an action for partition. The judgment of the trial court is affirmed.

Read More »

HAUGEN v. SHENANDOAH VALLEY DEPT. OF SOCIAL SERVICES

The Court of Appeals of Virginia did not err in ruling that a transcript or statement of facts was necessary in an appeal asserting that the circuit court erred by refusing to require an incarcerated parent's presence during a hearing to terminate her parental rights. However, the present record is sufficient to show that the circuit court abused its discretion by failing to grant a continuance to that parent, who participated by telephone, when federal prison officials terminated her participation before the evidence was completed. The judgment is reversed and the case is remanded.

Read More »
Scroll To Top