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CAROL A. DIELMAN v. ROBERT S. DIELMAN

Trial court abused its discretion by declining to enforce the terms of a valid post-separation agreement, as required by Code Section 20-109; trial court erred in ordering the immediate sale of the parties? marital home

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CHESAPEAKE BAY FOUNDATION, INC., et al. v. COMMONWEALTH, ex rel., et al.

Trial court did not err in finding that neither appellant satisfied the requirements for standing to sue in its own right; trial court erred in finding that Code Section 62.1-44.29 does not confer representational standing to either appellant; matter remanded to the trial court for a determination of whether the appellants have met the requirements of representational standing

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GORDON M. WITTERMAN v. COMMONWEALTH

Trial court did not err when it disallowed evidence of prior specific acts of violence by the victim; Rule 5A:18 bars appellant from raising the expert testimony argument as appellant did not preserve this argument for appeal

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TONEY v. SANDY?S PLANTS, INC., et al.

Summary affirmance ? commission did not err in finding appellant failed to prove that her ?multiple chemical exposure? constituted a compensable occupational disease or a compensable ordinary disease of life

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GREEN v. COMMONWEALTH

Trial court did not err in refusing to grant a mistrial as the evidence fails to show the juror could not decide the case impartially; evidence was sufficient to sustain appellant?s burglary conviction

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WELCH v. COMMONWEALTH

No error in trial court?s refusal of appellant?s request for appointment of a second medical expert; evidence was sufficient to prove appellant acted with malice rather than merely with criminal negligence; evidence was insufficient to prove premeditation; conviction for first-degree murder is reversed and case remanded for retrial for an offense no greater than second-degree murder

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JOSEPH GOODWIN, III v. COMMONWEALTH

Trial judge erred in convicting appellant of possessing a concealed weapon in violation of Code Section 18.2-308.2 as the knife that appellant possessed was not prohibited by the statute

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CYNTHIA LYNN WELCH v. COMMONWEALTH

No error in trial court?s refusal of appellant?s request for appointment of a second medical expert; evidence was sufficient to prove appellant acted with malice rather than merely with criminal negligence; evidence was insufficient to prove premeditation; conviction for first-degree murder is reversed and case remanded for retrial for an offense no greater than second-degree murder

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WILSON v. COMMONWEALTH

Trial court did not err in admitting the letter into evidence under the ?recent complaint? exception contained in Code Section 19.2-268.2 and in determining that the evidence was sufficient to support appellant?s convictions for each of the crimes charged

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IN RE: BOWLING

Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ

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WILFRED DECOURCEY WILSON, SR. v. COMMONWEALTH

Trial court did not err in admitting the letter into evidence under the ?recent complaint? exception contained in Code Section 19.2-268.2 and in determining that the evidence was sufficient to support appellant?s convictions for each of the crimes charged

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GOODWIN v. COMMONWEALTH

Trial judge erred in convicting appellant of possessing a concealed weapon in violation of Code Section 18.2-308.2 as the knife that appellant possessed was not prohibited by the statute

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IN RE: LEWIS EDWARD BOWLING, JR.

Petition for a writ of actual innocence dismissed as appellant has failed to establish previously unknown or unavailable evidence sufficient to justify the issuance of the writ

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WHITEHEAD v. WHITEHEAD

Trial court did not err in concluding that it lacked authority to terminate or modify husband?s existing mortgage obligation, in finding no change in circumstances existed to warrant a change in spousal support, in determining the income attributable to wife, and in failing to order wife to refinance the former marital residence solely in her name

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COMMONWEALTH DEPARTMENT OF CORRECTIONS v. DOYLE

Circuit court erred when it reversed the hearing officer?s decision and vacated the warden?s Group II disciplinary notice as the circuit court acted outside the boundaries of judicial review authorized by the Grievance Procedure Act; the circuit court?s orders are reversed and the agency?s personnel decision is reinstated

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COMMONWEALTH DEPARTMENT OF CORRECTIONS v. TEMPLE

Circuit court erred when it reversed the hearing officer?s decision and vacated the warden?s Group II disciplinary notice as the circuit court acted outside the boundaries of judicial review authorized by the Grievance Procedure Act; the circuit court?s orders are reversed and the agency?s personnel decision is reinstated

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UNINSURED EMPLOYER?S FUND v. JOSEPH C. MENDES

Summary affirmance ? commission did not err in finding that appellee proved he cured his previous unjustified refusal of vocational rehabilitation services; made reasonable, appropriate, and adequate efforts to market his residual work capacity by March 1, 2004; and was entitled to an award of temporary total disability benefits beginning March 1, 2004 and continuing

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BELLAMY v. COMMONWEALTH

Trial judge erred in admitting appellant?s statements in the Commonwealth?s case-in-chief as the police deliberately elicited appellant?s statements in violation of his Sixth Amendment right to counsel; appellant?s conviction reversed and case remanded for a new trial

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ANTHONY RUSSELL v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to reconsider or in failing to modify sentences imposed following his conviction of two charges of distribution of cocaine on pleas of guilty pursuant to a plea agreement

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ROBERT SCOTT WHITEHEAD v. HOPE ALETHIA BAZACO WHITEHEAD

Trial court did not err in concluding that it lacked authority to terminate or modify husband?s existing mortgage obligation, in finding no change in circumstances existed to warrant a change in spousal support, in determining the income attributable to wife, and in failing to order wife to refinance the former marital residence solely in her name

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CAMPBELL GIBBONS & ASSOCIATES, INC., et al. v. YOUNG

Summary affirmance ? commission did not err in finding that claimant proved his September 11, 2003 injury by accident arose out of his employment; employer is procedurally barred from raising its claim for the first time on appeal that the commission erred in awarding claimant temporary total disability benefits for the period from November 21, 2003 through January 8, 2004

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UNINSURED EMPLOYER'S FUND v. MENDES

Summary affirmance ? commission did not err in finding that appellee proved he cured his previous unjustified refusal of vocational rehabilitation services; made reasonable, appropriate, and adequate efforts to market his residual work capacity by March 1, 2004; and was entitled to an award of temporary total disability benefits beginning March 1, 2004 and continuing

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RUSSELL v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to reconsider or in failing to modify sentences imposed following his conviction of two charges of distribution of cocaine on pleas of guilty pursuant to a plea agreement

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SHORT v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of contractor fraud under Code Section 18.2-200.1

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IN RE: CARL DICKS

Petition for writ of actual innocence dismissed as the interrogation and petitioner?s accompanying affidavit in no way affect the sufficiency of the evidence to support petitioner?s convictions and petitioner has not demonstrated that no rational trier of fact could have found him guilty

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KINCAID v. KINCAID

Summary affirmance ? trial court did not abuse its discretion in its equitable distribution award or in its spousal support award

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WELCH, JR. v. COMMONWEALTH

Trial court did not err in finding the evidence sufficient to convict appellant of having carnal knowledge of a child between thirteen and fifteen years of age

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