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AFZALL v. COMMONWEALTH

In a declaratory judgment action by an injured minor seeking a determination that the Commonwealth?s lien arising from Medicaid benefits provided in his treatment should be reduced by the legal fees and costs he incurred in obtaining the settlement of a negligence case against a third-party tortfeasor for causing the injuries, the bar of sovereign immunity applies because the Commonwealth has not waived that defense in the context of a declaratory judgment action within the purview of Code § 8.01-66.9. Thus the trial court was without jurisdiction to adjudicate this claim. The appeal is dismissed and final judgment is entered in favor of the Commonwealth.

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MONA v. CRANSTON (ORDER)

Under former law, a general district court judgment became unenforceable after the judgment creditor failed to file for extension of its effect by motion in the general district court within 10 years of the date on which the judgment was rendered. Docketing the judgment in circuit court was not sufficient to render it a judgment of the circuit court under the mandatory requirements of the then-applicable statutory provisions. The judgment appealed from is reversed and final judgment is entered in favor of the judgment debtor.

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COMMONWEALTH v. BURNS

In a wrongful death case in which the negligence of Virginia Department of Transportation personnel working on the shoulder of a public highway allegedly caused the death of a motorcyclist, the public duty doctrine does not bar a claim of negligence or gross negligence against a public employee. The judgment of the circuit court is affirmed upon interlocutory appeal, and the case is remanded.

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CONYERS v. MARTIAL ARTS WORLD

The judgment of the circuit court that a particular martial arts instruction program for children, which qualifies as a ?child day program? generally subject to licensure by the Virginia Department of Social Services, is exempt from licensure is reversed because of an erroneous interpretation of the ?come and go? exemption set forth in Code § 63.2-1715(A)(2). Because a determination is required whether the subject program actually complied with its written policy that children may enter and leave its premises without permission or supervision in order to determine whether the exemption from licensure under Code § 63.2-1715(A)(2) applies, the case is remanded.

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WARD v. COMMONWEALTH

The trial court did not err in refusing to grant defendant?s motion to suppress evidence obtained pursuant to an anticipatory search warrant issued for a physical address other than the address shown on a suspicious parcel found to contain illegal drugs. None of the circumstances recognized in United States v. Leon, 468 U.S. 897 (1984), for excluding application of the good-faith exception to the exclusionary rule apply under the facts presented. The Court of Appeals' judgment approving the trial court's judgment is affirmed.

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CLINE v. BERG

In a suit for an injunction requiring removal of a 32-foot high, 200-foot long fence constructed of utility poles and plastic wrap which allegedly interfered unreasonably with plaintiff's use and enjoyment of his real property, the circuit court abused its discretion in granting injunctive relief to the plaintiff because it failed to apply the "clean hands" doctrine. For that reason, the circuit court?s judgment is reversed and final judgment is entered for the defendants.

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KUZNICKI v. MASON

In a suit by condominium unit owners involving a limited common element, under Code §§ 55-79.53(A) and -79.80(B) only a condominium unit owners? association has standing to sue for claims related to common elements and limited common elements. As a result, the circuit court erred by failing to address the standing issue asserted by the defendants, but nevertheless properly dismissed the plaintiff's complaint; therefore, the judgment is affirmed.

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BLANKENSHIP v. COMMONWEALTH

Appellant failed to properly preserve for appeal the issue of whether the trial court erred in allowing the prosecutor to make improper remarks to the jury during his closing argument; appellant?s convictions are affirmed

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NICHOLS v. COMMONWEALTH

Trial court did not err finding the evidence was sufficient to support appellant?s conviction of possessing a firearm as a convicted felon

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BARNETT v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to strike the Commonwealth?s evidence as the evidence was sufficient to prove that appellant attempted to break and enter the apartment building with the intent to commit larceny and that he possessed a burglarious tool; appellant?s convictions are affirmed

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BARNES v. COMMONWEALTH

Trial court did not err in finding the prosecutor?s use of a peremptory strike to remove a member of the jury panel was not racially motivated, refusing to instruct the jury that malice may not ordinarily be inferred from a blow with a fist, and refusing to instruct the jury on heat of passion; appellant?s conviction is affirmed

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KOCH v. COMMONWEALTH

Appellant?s convictions of forgery and uttering of a public record are affirmed as the evidence was sufficient to prove the community service attendance sheet was a public record within the meaning of Code Section 18.2-168; trial court did not err in admitting into evidence a document providing appellant with notice that the community service attendance sheet was a public record

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JACQUELINE ANN LESESNE v. THADDEUS JOHN ZABLOCKI

Judgment pertaining to the trial court?s ruling that the evidence was sufficient to prove appellee made a gift to appellant of his separate interest in the marital home at the time of the 1997 refinancing is reversed, and the matter is remanded to the trial court for reconsideration; judgment affirmed in part, reversed in part, and remanded

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COMMONWEALTH v. JEFFREY MAURICE WELLS

Trial court did not err in concluding that the evidence presented by the Commonwealth at the suppression hearing failed to establish an investigatory stop based on a reasonable articulable suspicion of the evasion or avoidance of a roadblock; judgment of the trial court affirmed

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DAVIS v. COMMONWEALTH

Trial court did not err in rejecting appellant?s claim of self-defense and in finding that appellant used excessive force; appellant?s conviction for assault and battery is affirmed

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EDGER BARNETT v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to strike the Commonwealth?s evidence as the evidence was sufficient to prove that appellant attempted to break and enter the apartment building with the intent to commit larceny and that he possessed a burglarious tool; appellant?s convictions are affirmed

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LESESNE v. ZABLOCKI

Judgment pertaining to the trial court?s ruling that the evidence was sufficient to prove appellee made a gift to appellant of his separate interest in the marital home at the time of the 1997 refinancing is reversed, and the matter is remanded to the trial court for reconsideration; judgment affirmed in part, reversed in part, and remanded

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JERRY LAMONT BARNES v. COMMONWEALTH

Trial court did not err in finding the prosecutor?s use of a peremptory strike to remove a member of the jury panel was not racially motivated, refusing to instruct the jury that malice may not ordinarily be inferred from a blow with a fist, and refusing to instruct the jury on heat of passion; appellant?s conviction is affirmed

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COMMONWEALTH v. WELLS

Trial court did not err in concluding that the evidence presented by the Commonwealth at the suppression hearing failed to establish an investigatory stop based on a reasonable articulable suspicion of the evasion or avoidance of a roadblock; judgment of the trial court affirmed

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DEVAN ELISA KOCH v. COMMONWEALTH

Appellant?s convictions of forgery and uttering of a public record are affirmed as the evidence was sufficient to prove the community service attendance sheet was a public record within the meaning of Code Section 18.2-168; trial court did not err in admitting into evidence a document providing appellant with notice that the community service attendance sheet was a public record

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CHRISTOPHER v. COMMONWEALTH

Trial court did not abuse its discretion by relying on the indictments and in denying appellant?s motion for a bill of particulars; the remaining issues are procedurally barred; appellant?s convictions are affirmed

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JOHN MARK EALY v. COMMONWEALTH

Trial court did not abuse its discretion in refusing to allow appellant to question the witness about her nephew as the proffered evidence was not legally admissible; appellant?s convictions are affirmed

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PRATT v. COMMONWEALTH

Appellant?s conviction for uttering counterfeit currency is affirmed as the circumstantial evidence was sufficient to exclude all reasonable hypotheses of appellant?s innocence

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RICE v. CROMER

Trial court did not err in its interpretation of Code Section 20-124.3:1 and its subsequent ruling on the motion in limine; trial court?s denial of appellants? petition for visitation is affirmed

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VICKY SCOTT MCGINNISS v. JOHN L. MCGINNISS

Judgment declining to award appellant the survivor annuity benefit to appellee?s pension and in refusing to re-refer that issue to the commissioner in chancery are affirmed; judgment limiting appellant?s marital share of appellee?s pension benefits to a fixed amount as if appellee had retired on the date of separation is reversed, and this matter is remanded to the trial court

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COMMONWEALTH v. DESEI

Trial court erred in finding that the government initiated the contact with appellant and in granting appellant?s motion to suppress; judgment is reversed and the case is remanded for a determination of whether appellant knowingly and intelligently waived his previously invoked right to counsel

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MCGINNISS v. MCGINNISS

Judgment declining to award appellant the survivor annuity benefit to appellee?s pension and in refusing to re-refer that issue to the commissioner in chancery are affirmed; judgment limiting appellant?s marital share of appellee?s pension benefits to a fixed amount as if appellee had retired on the date of separation is reversed, and this matter is remanded to the trial court

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GARY DALE LONDON v. COMMONWEALTH

Trial court abused its discretion by not permitting the substitution of retained counsel and in not granting a reasonable continuance for him to prepare for trial; appellant?s convictions are reversed and the case is remanded to the trial court

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