Home / Uncategorized (page 52)

Uncategorized

Feed Subscription

RAYSHOD MARTIN v. COMMONWEALTH

For the reasons set forth in Washington v. Commonwealth, trial court did not err in permitting the victim to testify during the Commonwealth?s case-in-chief of the sentencing phase of appellant?s trial; judgment of the trial court affirmed

Read More »

BRANDT v. MAHA LAKSHMI MOTORS

Trial court?s decision upholding a ruling of the Virginia Motor Vehicle Dealer Board that limited appellants? recovery from the Virginia Motor Vehicle Transaction Recovery Fund is affirmed

Read More »

TARRANCE v. CATHOLIC CHARITIES

Summary affirmance - as appellant fails to contest the termination of her parental rights pursuant to Code Section 16.1-283(E)(i), this Court summarily affirms the trial court?s decision terminating appellant?s parental rights pursuant to Code Sections 16.1-283(C)(2) and 16.1-283(E)(i)

Read More »

ANNE G. SHROPSHIRE v. VIRGINIA RETIREMENT SYSTEM

Trial court did not err in upholding the decision of the Virginia Retirement System denying appellant survivor and/or other retirement benefits upon the death of her husband as appellant is barred by Code Section 51.1-124.4(A) from subjecting the assets of VRS to legal attack

Read More »

PHILLIPS v. RED ONION STATE PRISON

Summary affirmance ? commission did not err in finding that appellant failed to prove he suffered a compensable injury by accident on the ground that he failed to prove the occurrence of an obvious sudden shock or fright arising out of the course of his employment

Read More »

RYAN v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s conviction of killing a companion animal; trial court did not err in convicting appellant of violating Code Section 3.1-796.122(H), a felony, rather than Code Section 3.1-796.122(A), a misdemeanor

Read More »

PEARSON v. PEARSON

Trial court did not err in including equity line advances appellant obtained during the marriage in the marital estate and in denying appellant?s motion to value the martial business as of the date of separation

Read More »

JARVIS v. JARVIS

This Court finds that the trial court properly considered all the relevant factors of Code Section 20-124.3, properly articulated its findings as required by statute, and properly assessed the costs of the guardian ad litem to father

Read More »

CLEMENTE v. CLEMENTE

Trial court erred in finding the parties? July 31, 2003 marital agreement obligated appellant to pay appellee the sum of $100,000; trial court?s order is reversed

Read More »

JOHN C. PHILLIPS v. RED ONION STATE PRISON/COMMONWEALTH

Summary affirmance ? commission did not err in finding that appellant failed to prove he suffered a compensable injury by accident on the ground that he failed to prove the occurrence of an obvious sudden shock or fright arising out of the course of his employment

Read More »

ERIC RYAN, S/K/A ERIC BERNARD RYAN v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s conviction of killing a companion animal; trial court did not err in convicting appellant of violating Code Section 3.1-796.122(H), a felony, rather than Code Section 3.1-796.122(A), a misdemeanor

Read More »

GREGORY D. PEARSON v. DELLA G. PEARSON

Trial court did not err in including equity line advances appellant obtained during the marriage in the marital estate and in denying appellant?s motion to value the martial business as of the date of separation

Read More »

FRANCIS D. JARVIS v. NICOLE L. JARVIS

This Court finds that the trial court properly considered all the relevant factors of Code Section 20-124.3, properly articulated its findings as required by statute, and properly assessed the costs of the guardian ad litem to father

Read More »

SHROPSHIRE v. VIRGINIA RETIREMENT SYSTEM

Trial court did not err in upholding the decision of the Virginia Retirement System denying appellant survivor and/or other retirement benefits upon the death of her husband as appellant is barred by Code Section 51.1-124.4(A) from subjecting the assets of VRS to legal attack

Read More »

SCOTT v. COMMONWEALTH

Trial court did not abuse its discretion in concluding that the crimes, by virtue of their striking factual similarities, satisfied the requirements of Rule 3A:6(b), in determining that justice permitted the offenses to be tried simultaneously, and by granting the Commonwealth?s motion for joinder; appellant?s convictions affirmed

Read More »

OTIS SCOTT, III v. COMMONWEALTH

Trial court did not abuse its discretion in concluding that the crimes, by virtue of their striking factual similarities, satisfied the requirements of Rule 3A:6(b), in determining that justice permitted the offenses to be tried simultaneously, and by granting the Commonwealth?s motion for joinder; appellant?s convictions affirmed

Read More »

FIELDS v. COMMONWEALTH

Appellant?s abduction conviction is affirmed as the evidence was sufficient to prove as a matter of law that appellant?s abduction-detention of the victim was separate and distinct from the restraint inherent in the commission of the crimes of rape and forcible sodomy

Read More »

KEVIN DAVID FIELDS v. COMMONWEALTH

Appellant?s abduction conviction is affirmed as the evidence was sufficient to prove as a matter of law that appellant?s abduction-detention of the victim was separate and distinct from the restraint inherent in the commission of the crimes of rape and forcible sodomy

Read More »

SELPH v. COMMONWEALTH

Trial court did not err in convicting appellant for obstruction of justice as the evidence was sufficient to prove appellant attempted to intimidate a witness who was lawfully engaged in the discharge of his duty at the time

Read More »

CHARLES ROBERT OTEY v. ROANOKE CITY DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in finding that the department of social services proved by clear and convincing evidence that appellant?s parental rights should be terminated pursuant to Code Section 16.1-283(C); Rule 5A:18 precludes appellate review of appellant?s argument that the trial court erred by denying his pretrial motion to disqualify the guardian ad litem and to appoint a replacement

Read More »

ERNEST LEON SELPH, JR. v. COMMONWEALTH

Trial court did not err in convicting appellant for obstruction of justice as the evidence was sufficient to prove appellant attempted to intimidate a witness who was lawfully engaged in the discharge of his duty at the time

Read More »

WINSTON J. REID, III v. TARA G. REID

No error in trial court?s decisions regarding child custody and gross income; that part of the judgment pertaining to child support is reversed and remanded to the trial court to clarify its visitation order and determine whether the shared custody guidelines are applicable; judgment affirmed in part, reversed and remanded in part

Read More »

WREDE v. COMMONWEALTH

Appellant has not preserved for appeal the issue of whether the trial judge erred in admitting into evidence a recorded telephone message; this Court holds that the trial judge?s error in instructing the jury that it could consider character evidence about appellant in determining his guilt or innocence was harmless

Read More »

FORD v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the officer did not exceed the scope of the original, valid pat down by ordering appellant to remove his foot from his shoe

Read More »

OSTRANDER v. FULLER

Summary affirmance ? no error in commission?s finding that appellee proved he sustained an injury by accident arising out of and in the course of his employment and that employer had two or more employees regularly in service, and thus was an employer subject to the Workers? Compensation Act

Read More »

BRAXTON v. COMMONWEALTH

Trial court did not err in ruling that appellant?s statements to his wife were admissible and were not subject to the confidential spousal communication privilege; judgment of trial court affirmed

Read More »

TURNER v. COMMONWEALTH

Trial court did not err by denying appellant?s motion to suppress as the officers had probable cause to arrest appellant for possession of cocaine

Read More »
Scroll To Top