Home / Uncategorized (page 58)

Uncategorized

Feed Subscription

MINTON & ROBERSON v. 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 »

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 »

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 »

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 »

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 »

KING v. COMMONWEALTH

Trial court did not err in admitting the challenged testimony over appellant?s state hearsay objection; this Court holds that the ends of justice exception does not apply to appellant?s Confrontation Clause claim; appellant?s convictions affirmed

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 »

BLACK v. POWERS

Trial court?s conclusion that Virginia law governs the validity of the prenuptial agreement is harmless error; trial court did not err in concluding that the prenuptial agreement is valid and enforceable under the law of the Virgin Islands

Read More »

SURLES v. MAYER

Trial court did not err in denying appellant?s petition for custody of his daughter or in permitting appellee to relocate to Florida with daughter; trial court did not abuse its discretion in permitting appellee to introduce evidence of appellant?s relationships with other women

Read More »

CURTIS WAYNE KING v. COMMONWEALTH

Trial court did not err in admitting the challenged testimony over appellant?s state hearsay objection; this Court holds that the ends of justice exception does not apply to appellant?s Confrontation Clause claim; appellant?s convictions affirmed

Read More »

SURLES v. MAYER & CULLEN

Trial court?s holding that appellant lacked standing to pursue visitation with his biological daughter?s half-sibling is harmless error as appellant failed to present any evidence indicating that the absence of visitation would result in actual harm to the child; trial court?s denial of appellant?s petition for visitation is affirmed

Read More »

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 »

BENITA FRANCES BLACK v. WILLIAM v. POWERS, JR.

Trial court?s conclusion that Virginia law governs the validity of the prenuptial agreement is harmless error; trial court did not err in concluding that the prenuptial agreement is valid and enforceable under the law of the Virgin Islands

Read More »
Scroll To Top