Home / Uncategorized (page 34)

Uncategorized

Feed Subscription

NEEL v. COMMONWEALTH

Appellant?s conviction of leaving the scene of an accident involving personal injury is reversed and the indictment is dismissed as the evidence failed to prove appellant knew or should have known personal injury had resulted from the collision at the time he fled the scene

Read More »

SHEILA MICHELLE STOKES v. COMMONWEALTH

This Court holds no variance exists between the language of the indictment and the evidence introduced at trial as to the victim; trial court did not err in admitting affidavits of forgery under the business records exception to the hearsay rule; evidence was sufficient to convict appellant of grand larceny

Read More »

SANDHIR v. AHUJA-SANDHIR

Summary affirmance ? trial court did not err in imputing income to appellant for purposes of determining spousal support and in denying appellant?s request for spousal support; remaining issue is barred by Rule 5A:18

Read More »

ARTHUR C. PARMANN v. COMMONWEALTH

Trial court did not abuse its discretion by admitting the testimony as the witness testified within the scope of his training and expertise as an operator of the testing equipment; judgment affirmed

Read More »

CROZIER v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress evidence obtained by police upon stopping his vehicle as the officer?s reasonable suspicion justified his stopping appellant for investigation

Read More »

STOKES v. COMMONWEALTH

This Court holds no variance exists between the language of the indictment and the evidence introduced at trial as to the victim; trial court did not err in admitting affidavits of forgery under the business records exception to the hearsay rule; evidence was sufficient to convict appellant of grand larceny

Read More »

DAVID PAUL COTE v. SUSAN REDFIELD COTE

Trial court did not err in finding husband responsible for $100,000 in debt incurred prior to the parties? final separation, in awarding husband only forty percent of wife?s retirement account, and in awarding wife spousal support

Read More »

MATTHEWS v. COMMONWEALTH

No error in trial court?s denial of appellant? motion to suppress the cocaine as police had reasonable suspicion that appellant was engaged in criminal activity

Read More »

JESSIE WAYNE ABELL v. COMMONWEALTH

Trial court erred in finding the evidence proved beyond a reasonable doubt that appellant willfully failed to appear; appellant?s conviction of felony failure to appear is reversed and the indictment is dismissed

Read More »

FUTRELL v. COMMONWEALTH

Trial court did not err in convicting appellant of attempted rape as the evidence was sufficient to support both the finding of the requisite intent and a finding that appellant committed an overt act in furtherance of the crime

Read More »

POWELL v. COMMONWEALTH

Appellant?s conviction for driving with a revoked license while a habitual offender is affirmed as appellant did not show that the underlying order adjudicating him as a habitual offender was void

Read More »

WINSTON v. WARDEN (UNPUBLISHED 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 »

SMITH v. THORNTON-SMITH

Judgment pertaining to the rulings classifying the Arlington and Berryville properties and the award of attorney?s fees to appellee are affirmed; judgment pertaining to the classification of the Volkswagen is reversed and this matter is remanded to the trial court to reexamine the equitable distribution award

Read More »

SPROUSE v. ORANGE COUNTY

No error in trial court?s decision terminating appellant?s residual parental rights to his minor son pursuant to Code Section 16.1-283(C)(1) and 16.1-283(C)(2)

Read More »

DERRICK JAMES WILLIAMS v. COMMONWEALTH

Appellant?s convictions are affirmed as this Court holds that the informant?s tip provided the police with the requisite probable cause to arrest appellant and that the police did not need exigent circumstances in addition to probable cause for appellant?s arrest

Read More »

REYES v. COMMONWEALTH

Trial court did not err in refusing to admit the state of mind testimony and in refusing to admit testimony regarding appellant?s money and jewelry; appellant?s convictions for first-degree murder and use of a firearm in the commission of a felony are affirmed

Read More »

COLOCCIA v. COLOCCIA

Trial court?s refusal to set aside the property settlement agreement is affirmed as the evidence supports the trial court?s finding that husband failed to prove by clear and convincing evidence that he was incompetent when he executed the property settlement agreement

Read More »

ROLAND WILLIAMS, JR. v. COMMONWEALTH

As appellant did not provide a sufficient proffer for this Court to determine whether the trial court erred in refusing to permit the cross-examination questions, appellant?s conviction of armed robbery is affirmed

Read More »

LOWELL F. SMITH v. ALICE L. THORNTON-SMITH

Judgment pertaining to the rulings classifying the Arlington and Berryville properties and the award of attorney?s fees to appellee are affirmed; judgment pertaining to the classification of the Volkswagen is reversed and this matter is remanded to the trial court to reexamine the equitable distribution award

Read More »

JORGE LUIS REYES v. COMMONWEALTH

Trial court did not err in refusing to admit the state of mind testimony and in refusing to admit testimony regarding appellant?s money and jewelry; appellant?s convictions for first-degree murder and use of a firearm in the commission of a felony are affirmed

Read More »

TURNER v. COMMONWEALTH

Circuit court erred in amending the warrant to charge driving under the influence, second or subsequent offense after appellant had been acquitted of that charge in a court of competent jurisdiction; judgment is reversed, appellant?s conviction for DUI second offense is set aside, and the case is remanded for resentencing on the conviction of driving under the influence, first offense

Read More »

WILLIAMS v. COMMONWEALTH

Appellant?s convictions are affirmed as this Court holds that the informant?s tip provided the police with the requisite probable cause to arrest appellant and that the police did not need exigent circumstances in addition to probable cause for appellant?s arrest

Read More »

KENNETH WAYNE TURNER v. COMMONWEALTH

Circuit court erred in amending the warrant to charge driving under the influence, second or subsequent offense after appellant had been acquitted of that charge in a court of competent jurisdiction; judgment is reversed, appellant?s conviction for DUI second offense is set aside, and the case is remanded for resentencing on the conviction of driving under the influence, first offense

Read More »

WINKLER v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s convictions of two counts of robbery and two counts of using a firearm in the commission of a felony

Read More »

WILLIAMS v. COMMONWEALTH (122760)

As appellant did not provide a sufficient proffer for this Court to determine whether the trial court erred in refusing to permit the cross-examination questions, appellant?s conviction of armed robbery is affirmed

Read More »

CARPITCHER v. COMMONWEALTH

The Court of Appeals? dismissal of a petition for a writ of actual innocence based on non-biological evidence, in which a petitioner sought relief based on recantation evidence provided by the victim of the crimes who had given contrary testimony at petitioner?s original trial, correctly applied the statutory provisions governing such petitions, Code §§ 19.2-327.10 through -327.14. There was no abuse of discretion by the Court of Appeals in evaluating the evidence presented, and the judgment is affirmed.

Read More »
Scroll To Top