Home / Uncategorized (page 9) /

Uncategorized

JOSEPH MARIO SAPONARO v. COMMONWEALTH OF VIRGINIA

Trial court erred in denying appellant?s motion to strike the evidence pertaining to appellant?s conviction of credit card fraud where evidence proved appellant misused a credit card lawfully in his possession with the cardholder?s consent

Read More »

VA DEPT OF TAXATION v. BRAILEY

Trial court acted outside the scope of judicial review when it reversed a procedural ruling of the Department of Employment Dispute Resolution

Read More »

GEORGE v. COMMONWEALTH

Trial court did not err in convicting appellant of four counts of embezzlement, instead of convictions under the state tax code, where evidence proved appellant failed to remit funds collected from his employees and used for his own benefit funds he held in trust for the Commonwealth

Read More »

WILLIAM F. HARBER v. CHARLENE M. HARBER

Trial court erred in imputing income to appellant at his pre-retirement employment rate for purposes of calculating amount of spousal support to appellee; on remand to recalculate amount of spousal support, trial court should not consider appellee?s expenses for her two adult children who live with her

Read More »

WARREN COUNTY v. DONAHOE

No error in commission?s finding that deceased employee was an employee of Warren County for purposes of payment of benefits under the Workers? Compensation Act

Read More »

SAPONARO v. COMMONWEALTH

Trial court erred in denying appellant?s motion to strike the evidence pertaining to appellant?s conviction of credit card fraud where evidence proved appellant misused a credit card lawfully in his possession with the cardholder?s consent

Read More »

EARL MCCATTY v. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF PROFESSIONAL AND ETC., ET. AL.

No error in trial court?s dismissal of appellant?s appeal of the denial of his claim by the Board for Contractors under the Virginia Contractor Transaction Recovery Act where evidence showed appellant?s wife received payment of her claim and there was only one transaction and one judgment

Read More »

LANE v. VIRGINIA EMPLOYMENT COMMISSION

Summary affirmance ? No error in finding that appellant was terminated from his employment due to work-related misconduct and in denial of his claim for unemployment benefits on that ground

Read More »

TUCKAHOE YMCA V, SHORES

Summary affirmance ? No error in commission?s finding regarding appellee?s treating physician and whether her referral was valid

Read More »

JOHN QUINN INC. v. BARRY

Summary affirmance ? No error in commission?s finding that appellee proved he adequately marketed his residual work capacity by increasing his hours as his part-time, dissimilar employment

Read More »

SMITH v. COMMONWEALTH

Trial court did not err in admitting appellant?s statements made to police while he was not in custody and the police activity surrounding those statements was not coercive

Read More »

DONOFRIO v. DONOFRIO

Trial court applied an incorrect standard of proof in determining appellant submitted a forged property settlement agreement; matter remanded to trial court for further proceedings

Read More »

ANDERSON v. COMMONWEALTH

Trial court did not err in denying motion to suppress statements appellant made to police where he was detained incident to a traffic stop and was not in custody for purposes of Miranda when he answered questions

Read More »

YANCEY v. COMMONWEALTH

No error in trial court?s denial of motion to suppress as officers did not violate the Fourth Amendment by detaining appellant to investigate trespassing offense and evidence supported that conviction; trial court erred in convicting appellant of obstructing justice where only evidence of obstruction presented was appellant?s flight from scene

Read More »

EVANS v. COMMONWEALTH

Trial court did not err in convicting appellant of three separate counts of carnal knowledge where evidence proved statutory elements of carnal knowledge of a child were satisfied with each successive act of sexual intercourse

Read More »

SHELTON v. COMMONWEALTH

Trial court did not err in finding evidence was sufficient to convict appellant of robbery and use of a firearm in the commission of robbery; trial court did not abuse its discretion in denying motion to reconsider and request for a new trial based on after-discovered evidence, and in denying motion for a continuance

Read More »

ROBERT KEITH SMITH v. COMMONWEALTH OF VIRGINIA

Trial court did not err in admitting appellant?s statements made to police while he was not in custody and the police activity surrounding those statements was not coercive

Read More »

INFINEON TECHNOLOGIES v. CHASE

No error in commission?s award of benefits to appellee where evidence supports finding that appellee had a compensable occupational disease and appellee had not obtained her pre-injury status and had not recovered from her disabling condition caused by exposure to chemicals

Read More »

REBECCA R. DONOFRIO v. EDWARD DONOFRIO

Trial court applied an incorrect standard of proof in determining appellant submitted a forged property settlement agreement; matter remanded to trial court for further proceedings

Read More »

PATTERSON BROTHERS PAVING v. LACY

Commission did not apply correct legal analysis in determining whether appellee was responsible for his wrongful conduct resulting in his termination when it determined that while appellee was terminated for justified cause but not such as to warrant a permanent forfeiture of his disability benefits

Read More »

PAYTON RANDOLPH ANDERSON, III v. COMMONWEALTH OF VIRGINIA

Trial court did not err in denying motion to suppress statements appellant made to police where he was detained incident to a traffic stop and was not in custody for purposes of Miranda when he answered questions

Read More »

DAVID YANCEY v. COMMONWEALTH OF VIRGINIA

No error in trial court?s denial of motion to suppress as officers did not violate the Fourth Amendment by detaining appellant to investigate trespassing offense and evidence supported that conviction; trial court erred in convicting appellant of obstructing justice where only evidence of obstruction presented was appellant?s flight from scene

Read More »

SHANNON v. SHANNON

No error in trial court?s equitable distribution of parties? property wherein it refused to award appellant a portion of appellee?s military pension, refused to impute income to appellee, refused to award appellant current spousal support, and refused to award appellant attorney?s fees; trial court did not err in refusing to award appellee portion of appellant?s pension

Read More »

TERRANCE ANTHONY EVANS v. COMMONWEALTH OF VIRGINIA

Trial court did not err in convicting appellant of three separate counts of carnal knowledge where evidence proved statutory elements of carnal knowledge of a child were satisfied with each successive act of sexual intercourse

Read More »

RICHARD CALEB SHELTON v. COMMONWEALTH OF VIRGINIA

Trial court did not err in finding evidence was sufficient to convict appellant of robbery and use of a firearm in the commission of robbery; trial court did not abuse its discretion in denying motion to reconsider and request for a new trial based on after-discovered evidence, and in denying motion for a continuance

Read More »

THOMAS v. THOMAS

No error in trial court?s discretionary decisions based upon reasonable debatable factual disputes regarding equitable distribution, spousal support, and attorney fees and costs

Read More »

INFINEON TECHNOLOGIES NORTH AMERICA COMPANY AND ET. AL. v. DANA H. CHASE

No error in commission?s award of benefits to appellee where evidence supports finding that appellee had a compensable occupational disease and appellee had not obtained her pre-injury status and had not recovered from her disabling condition caused by exposure to chemicals

Read More »

HARBER v. HARBER

Trial court erred in imputing income to appellant at his pre-retirement employment rate for purposes of calculating amount of spousal support to appellee; on remand to recalculate amount of spousal support, trial court should not consider appellee?s expenses for her two adult children who live with her

Read More »

PATTERSON BROTHERS PAVING, INC. AND ET. AL. v. THOMAS EDWARD LACY

Commission did not apply correct legal analysis in determining whether appellee was responsible for his wrongful conduct resulting in his termination when it determined that while appellee was terminated for justified cause but not such as to warrant a permanent forfeiture of his disability benefits

Read More »

PHELPS v. COMMONWEALTH

In a prosecution for felony eluding and endangerment in violation of Code § 46.2-817(B), the defendant was himself a "person" endangered by his own conduct and could be convicted under this section on that basis. The judgment of the Court of Appeals upholding his conviction is affirmed.

Read More »

JOHNSON v. TICE

In considering a habeas corpus petition, the circuit court erred in holding that petitioner satisfied his evidentiary burden in an ineffective assistance of counsel claim based on failure to move for suppression of his confession at trial. As a matter of law, petitioner failed to establish that there was a reasonable probability of a different result at trial if the jury had not considered the confession. The record does not undermine confidence in the outcome of the proceedings, and the assignment of cross-error regarding trial counsel's failure to offer a particular letter in evidence does not affect this decision.

Read More »

MISSION RESIDENTIAL v. TRIPLE NET PROPERTIES

In an appeal from an order denying a motion to stay arbitration proceedings pursuant to Code § 8.01-581.02(B) filed by one of the members of a member-managed limited liability company against the other member, the trial court erred in denying the motion where the party opposing it failed to meet its burden of proving the existence of an agreement in which the movant had agreed to submit its disputes with the limited liability company to arbitration. The circuit court's judgment is reversed and the case is remanded for further proceedings.

Read More »

BISHOP v. COMMONWEALTH

In a prosecution for violation of Code § 46.2-357 the Commonwealth failed to prove beyond a reasonable doubt that the defendant received actual notice that he had been determined to be an habitual offender, where the transcript of the defendant's driving record failed to clearly reflect that he had received such notice. The defendant's conviction for a violation of Code § 46.2-357 is dismissed. On request of the Commonwealth and the defendant, a conviction for violation of Code § 18.2-460(C) is vacated, and a portion of the case is remanded to the circuit court for a new sentencing proceeding on the lesser included offense as set forth in Code § 18.2-460(B).

Read More »

PURCE v. PATTERSON

The trial court did not err in ruling that an estranged husband was not eligible for an elective share of the spouse's augmented estate under Code § 64.1-16.3. The record shows that both before and after the parties separated, the husband showed none of the normal indicia of supporting his spouse or of the marital relationship. The evidence was sufficient to support the trial court?s holding that he abandoned his wife prior to and continuing until the time of her death under Code § 64.1-16.3. Accordingly, the judgment of the trial court that he was not eligible for an elective share of the wife's augmented estate is affirmed.

Read More »