Home / Uncategorized (page 58) /

Uncategorized

TRAVIS LAVAR TOTTEN v. COMMONWEALTH

No error in trial court?s finding that evidence was sufficient to support appellant?s conviction for attempted robbery; this Court holds that the failure of the indictment to charge the related firearms crime as a second offense was not fatal to appellant?s conviction for that crime; appellant?s convictions of attempted robbery and use of a firearm in the commission of that offense affirmed

Read More »

KENNETH LEROY DAMERON v. COMMONWEALTH

Trial court did not err in finding that appellant drove in excess of the restrictions on his license; appellant?s conviction for driving after being adjudicated an habitual offender is affirmed

Read More »

TUCKER v. BLUE & GRAY TRANSPORTATION

Summary affirmance ? commission did not err in finding appellant failed to meet his burden of proving that he was an employee of Blue & Gray Transportation Company, LLC at the time of his accident

Read More »

TONI ANN TARANTINI v. ROCKBRIDGE COUNTY DEPARTMENT OF SOCIAL SERVICES

No error in trial court?s termination of appellant?s parental rights; evidence supports the trial court?s conclusion that the department of social services met its burden of investigating placement with a family member and that placement of the child with grandmother was not appropriate

Read More »

TOTTEN v. COMMONWEALTH

No error in trial court?s finding that evidence was sufficient to support appellant?s conviction for attempted robbery; this Court holds that the failure of the indictment to charge the related firearms crime as a second offense was not fatal to appellant?s conviction for that crime; appellant?s convictions of attempted robbery and use of a firearm in the commission of that offense affirmed

Read More »

ARTHUR J. SCAGNELLI v. NANCY HART

No error in trial court?s award of post-judgment interest at the judgment rate on the child support arrearage established by the final divorce decree

Read More »

BRANCHE v. COMMONWEALTH

Trial court did not abuse its discretion in refusing to grant appellant a DNA expert at state expense; appellant?s convictions are affirmed

Read More »

VICKIE GAYLE GUTHRIE v. THOMAS E. REDD

Appeal dismissed as there is no final appealable order addressing appellant?s ?Motion for Arrears? and the record on appeal is insufficient to determine whether the trial court erred by terminating appellee?s spousal support obligation

Read More »

DAMERON v. COMMONWEALTH

Trial court did not err in finding that appellant drove in excess of the restrictions on his license; appellant?s conviction for driving after being adjudicated an habitual offender is affirmed

Read More »

RECKER v. RECKER

This Court holds the trial court correctly interpreted the final decree that divided appellant?s civil service pension; judgment of the trial court is affirmed

Read More »

MINTON & ROBERSON, INC., et al. v. MICHAEL ANTHONY WYNTER

Commission did not err in finding the evidence sufficient that claimant cured his unjustified refusal of selective employment, computing the temporary partial disability benefits, and not remanding the case to the deputy commissioner for further factual finding

Read More »

CYNTHIA M. WILLIAMS v. PORTSMOUTH REDEVELOPMENT & HOUSING AUTHORITY, et al.

Summary affirmance ? commission did not err in finding that appellant?s claim, seeking temporary total disability benefits, was barred by Code Section 65.2-708, because she suffered no additional disability within two years from the date for which benefits were last paid

Read More »

TARANTINI v. ROCKBRIDGE COUNTY DEPT OF SOCIAL SVCS (120246)

No error in trial court?s termination of appellant?s parental rights; evidence supports the trial court?s conclusion that the department of social services met its burden of investigating placement with a family member and that placement of the child with grandmother was not appropriate

Read More »

MATTHEW J. LATHRAM v. COMMONWEALTH

Trial judge did not abuse his discretion by imposing lifetime probation as a condition of sentence suspension; matter remanded to trial court to correct error in the sentence imposed on appellant?s conviction of possession with intent to distribute marijuana as that sentence exceeds the statutory maximum; appellant?s convictions affirmed

Read More »

ROWLEY v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to dismiss the breath test refusal charge as Code Section 18.2-268.3 does not compel testimonial evidence in breach of the Fifth Amendment or authorize an unlawful search or seizure in violation of the Fourth Amendment

Read More »

JAMIE LEE FELLS v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to prove appellant was the criminal agent who possessed a firearm while committing a robbery; appellant?s conviction affirmed

Read More »

BARBER & ROSS COMPANY v. KAJGANIC

Summary affirmance ? no error in trial court?s finding that appellee sustained a compensable injury by accident and his claim was not barred by his failure to follow medical restrictions

Read More »

LATHRAM v. COMMONWEALTH

Trial judge did not abuse his discretion by imposing lifetime probation as a condition of sentence suspension; matter remanded to trial court to correct error in the sentence imposed on appellant?s conviction of possession with intent to distribute marijuana as that sentence exceeds the statutory maximum; appellant?s convictions affirmed

Read More »

LINDA FAYE GREEN v. HAMPTON DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in changing the goal of the foster care service plan for appellant?s child to adoption as the department of social services proved, by a preponderance of the evidence, that adoption would be in the best interest of the child

Read More »

FELLS v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to prove appellant was the criminal agent who possessed a firearm while committing a robbery; appellant?s conviction affirmed

Read More »

JULIETTE MARIA DIXON v. COMMONWEALTH

No error found as evidence established that the trial court had territorial jurisdiction to try appellant for the charged offenses; appellant?s convictions of second-degree murder and stabbing another in the commission of a felony are affirmed

Read More »

WASHINGTON v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to support appellant?s conviction of felonious obstruction of justice

Read More »

CAROLYN D. BRANDT v. COMMONWEALTH

No reversible error in trial court?s admission of the results of a fire investigator?s experiment that he conducted after the fire; judgment of trial court affirmed

Read More »

GREEN v. HAMPTON DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in changing the goal of the foster care service plan for appellant?s child to adoption as the department of social services proved, by a preponderance of the evidence, that adoption would be in the best interest of the child

Read More »

DIXON v. COMMONWEALTH

No error found as evidence established that the trial court had territorial jurisdiction to try appellant for the charged offenses; appellant?s convictions of second-degree murder and stabbing another in the commission of a felony are affirmed

Read More »

BRANDT v. COMMONWEALTH

No reversible error in trial court?s admission of the results of a fire investigator?s experiment that he conducted after the fire; judgment of trial court affirmed

Read More »

IRVINE v. COMMONWEALTH

Trial court did not abuse its discretion in admitting expert testimony on gang activity or in failing to set aside the jury?s sentence; appellant?s convictions affirmed

Read More »

DENNIS WAYNE ROWLEY v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to dismiss the breath test refusal charge as Code Section 18.2-268.3 does not compel testimonial evidence in breach of the Fifth Amendment or authorize an unlawful search or seizure in violation of the Fourth Amendment

Read More »

WALKER SEAL COMPANIES v. HADFIELD

Summary affirmance ? commission did not err in finding that claimant?s claim for his C5-6 injury was not barred by Code Section 65.2-601 and claimant?s disability and wage loss were causally related to his compensable injury by accident

Read More »

VICTOR LAMONT RIDLEY v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to sustain appellant?s convictions for possession of burglarious tools and misdemeanor damage to property; appellant is procedurally barred by Rule 5A:18 from raising his claim for the first time on appeal that the trial court erred in denying his motion to suppress; appellant?s convictions affirmed

Read More »

B & H CONSTRUCTION, INC. AND ERIE INSURANCE EXCHANGE v. HAROLD J. BAKER

Commission did not err in finding that appellee sustained an injury by accident arising out of and in the course of his employment and gave timely notice of his accident to his employer; commission?s decision awarding medical benefits to appellee affirmed

Read More »

SHERWIN WILLIAMS COMPANY v. JASON M. ENGLAND

Commission erred in denying appellant?s applications to suspend the benefits of appellee as appellee obstructed independent medical examinations without justification; award is reversed

Read More »