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JOSEPH A. BANK CLOTHIERS v. MORTON

Commission did not err in finding that the two-year statute of limitations contained in Code Section 65.2-601 did not bar claimant?s claim for benefits and in finding claimant proved her injury arose out of her employment

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SLAYTON v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s convictions for one count of statutory burglary, one count of aggravated malicious wounding, two counts of malicious wounding, and one count of assault and battery

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LANGE v. LANGE

Appeal dismissed as moot as husband and wife settled the dispute over the real property in their July 20, 2006 settlement agreement

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DARIUS T. HICKS v. COMMONWEALTH

Trial court did not err by denying appellant?s motion to suppress his statements to the police, admitting evidence of prior bad acts, and admitting photographs of the deceased victim and her fetus; judgment affirmed

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RAAB v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress; appellant?s conviction for driving under the influence, third or subsequent offense, is affirmed

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ROBERT LESLIE SLAYTON v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s convictions for one count of statutory burglary, one count of aggravated malicious wounding, two counts of malicious wounding, and one count of assault and battery

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TBC CORPORATION v. STEPHENS

Commission?s award of medical benefits to claimant is reversed as the record fails to support the commission?s finding that the claimant proved his injury resulted from an actual risk arising out of his employment

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KERNS v. COMMONWEALTH

Trial court did not commit reversible error as the trial court had authority under the juvenile statutes to commit appellant to the Department of Juvenile Justice for violating the terms of his probation

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HICKS v. COMMONWEALTH

Trial court did not err by denying appellant?s motion to suppress his statements to the police, admitting evidence of prior bad acts, and admitting photographs of the deceased victim and her fetus; judgment affirmed

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CHRISTOPHER L. LUCIANO v. CITY OF HAMPTON DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in terminating appellant?s residual parental rights to his son as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(2) and establishing that termination of appellant?s residual parental rights was in the child?s best interests

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LUCIANO v. CITY OF HAMPTON

Trial court did not err in terminating appellant?s residual parental rights to his son as the department of social services presented clear and convincing evidence satisfying the statutory requirements of Code Section 16.1-283(C)(2) and establishing that termination of appellant?s residual parental rights was in the child?s best interests

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CUNNINGHAM v. COMMONWEALTH

Trial judge erred in denying the motion to suppress the evidence found in appellant?s house pursuant to the search warrant as the search warrant was not supported by probable cause; appellant?s conviction for possession of marijuana with the intent to distribute is reversed and the case is remanded to the trial court

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RIDLEY v. CHESAPEAKE

As this case does not satisfy the ends of justice exception to Rule 5A:18, trial court?s decision terminating appellant?s residual parental rights to his minor son is affirmed

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YAP v. COMMONWEALTH

This Court finds that the trial court did not err in not remanding this case to the district court for resolution and that the trial court did not interpret Code Sections 18.2-266 and 18.2-269 as rebuttable presumptions; appellant?s conviction is affirmed

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VICTOR GARNETTE CUNNINGHAM v. COMMONWEALTH

Trial judge erred in denying the motion to suppress the evidence found in appellant?s house pursuant to the search warrant as the search warrant was not supported by probable cause; appellant?s conviction for possession of marijuana with the intent to distribute is reversed and the case is remanded to the trial court

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SOWERS v. COMMONWEALTH

Trial court did not err in denying the pre-trial motion to suppress evidence pursuant to a search warrant and in applying the good faith exception of United States v. Leon; appellant?s conviction of possession of cocaine with the intent to distribute is affirmed

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EDWARD YAP v. COMMONWEALTH

This Court finds that the trial court did not err in not remanding this case to the district court for resolution and that the trial court did not interpret Code Sections 18.2-266 and 18.2-269 as rebuttable presumptions; appellant?s conviction is affirmed

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CHARITY v. COMMONWEALTH

As sufficient evidence exists to find appellant guilty of the charge of conspiracy to commit escape from prison, appellant?s conviction of conspiracy is affirmed

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JOHN EUGENE SOWERS, JR. v. COMMONWEALTH

Trial court did not err in denying the pre-trial motion to suppress evidence pursuant to a search warrant and in applying the good faith exception of United States v. Leon; appellant?s conviction of possession of cocaine with the intent to distribute is affirmed

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PHILIP MORRIS v. THE CHESAPEAKE BAY FOUNDATION

Code § 62.1-44.29 provides for representational standing, by an appropriate entity, to seek judicial review of a case decision by the State Water Control Board, as well as for individual standing. In the present case the petition by a foundation dedicated to preservation of the Chesapeake Bay adequately establishes, for purposes of surviving demurrers filed by a manufacturer and the Commonwealth, its representational and individual standing to seek judicial review of the Board?s decision to renew a wastewater discharge permit for the manufacturer's facility. The judgment of the Court of Appeals is affirmed.

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FITZGERALD v. COMMONWEALTH

In a prosecution for taking of indecent liberties with a minor by a person in a custodial or supervisory relationship, and charges of object sexual penetration, the trial court did not err in permitting a licensed professional counselor to testify as an expert witness that the alleged victim suffered from post-traumatic stress disorder. The Court of Appeals' judgment ruling that the trial court did not abuse its discretion in permitting the witness to testify is affirmed.

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REILLY v. SHEPHERD

In a malicious prosecution action against a police officer who investigated an armed robbery, and caused plaintiff to be arrested, the circuit court erred in denying the defendant?s motion to strike the plaintiff?s evidence. While the victim was ultimately unable to identify plaintiff as the perpetrator of the crime, and the case was dismissed by nolle prosequi, the evidence was insufficient, as a matter of law, to warrant submission of the issue of the lack of probable cause to the jury. The judgment of the circuit court is reversed and final judgment is entered in favor of the defendant.

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PETROSINELLI v. PETA

In protracted civil litigation, the trial court abused its discretion in adjudging a foreign attorney to be in civil contempt under Code § 18.2-456 and imposing monetary sanctions against him based on his issuance of a subpoena to an out-of-state witness in alleged violation of prior court discovery orders. The orders contained no language specifically prohibiting issuance of the subject subpoena; thus its issuance could not be an act of contempt as a matter of law. The judgment of the trial court is reversed, the sanctions award based thereon is vacated, and final judgment is entered in the foreign attorney's favor.

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ISBELL v. COMMERCIAL INVESTMENT ASSOCIATES

The circuit court correctly dismissed a tenant's personal injury suit against a landlord for failure to maintain the premises in a safe condition. The comprehensive scheme of landlord and tenant contractual rights and remedies in the Residential Landlord and Tenant Act does not create a statutory personal injury cause of action for a tenant since the General Assembly did not plainly manifest an intention therein to abrogate the common law rule that a landlord is not liable in tort for a tenant?s personal injuries caused by the landlord?s failure to repair premises under the tenant?s control and possession. The judgment of the circuit court is affirmed.

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MARTIN v. HOWARD

A trial court's order of exhumation rendered pursuant to Code § 32.1-286(C) in order to facilitate DNA testing by a woman claiming to be the daughter of the decedent was not in error. The General Assembly expressly provided that the need of a qualified illegitimate child to prove parentage for the purpose of inheritance is sufficient cause for exhumation. The order is affirmed and the case is remanded to the trial court for further proceedings.

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COMMONWEALTH v. MILLER

In a proceeding under the Sexually Violent Predators Act, Code §§ 37.2-900 et seq., the circuit court erred in permitting testimony from a particular expert witness for the prisoner, who was qualified in the diagnosis and assessment of sex offenders, but was not shown to be skilled in the treatment of such individuals, as plainly required by the Act. The court further erred in concluding that the Commonwealth failed to prove by clear and convincing evidence that the respondent is a sexually violent predator as defined by the Act. The judgment is reversed, final judgment is entered in favor of the Commonwealth, and the case is remanded for further proceedings under the Act.

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TELEGUZ v. COMMONWEALTH

In an appeal from defendant's conviction for capital murder for hire, and imposition of the death sentence, after review of numerous assignments of error and completion of the statutorily-mandated review of the imposition of the death penalty, no error is found, and no grounds for setting aside or commuting the sentence of death. The judgment of the trial court is affirmed.

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