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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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MCCATTY v. COMMONWEALTH

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

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LETHA J. SHANNON v. DENNIS F. 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

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FRANCIS HABO GEORGE v. COMMONWEALTH OF VIRGINIA

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

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VUYYURU v. VIRGINIA BOARD OF MEDICINE

No error in Board?s revocation of appellant?s medical license where Board?s findings were supported by substantial evidence and appellant was afforded due process before the Board

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RANDOLPH S. THOMAS v. KATHY P. 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

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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

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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

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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

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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

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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

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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

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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

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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

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WRIGHT v. COMMONWEALTH

The Court of Appeals did not err in finding that a circuit court, after accepting a plea agreement of the type specified in Rule 3A:8(c)(1)(C), can nevertheless impose additional terms of suspended incarceration and post-release supervision pursuant to Code §§ 18.2-10(g) and 19.2-295.2(A) when such terms are not mentioned in the plea agreement. Because general principles of contract law apply to plea agreements and the law in effect when a contract is made becomes a part of the contract as though expressly incorporated therein, the judgment of the Court of Appeals of Virginia is affirmed.

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BOLDEN v. COMMONWEALTH

In the prosecution of firearms possession charges related to a drug offense, there was sufficient evidence that the defendant was aware of the presence and character of the firearm and that it was within his dominion and control, in a bag immediately adjacent to where he sat in a vehicle. The bag containing the gun was open and obvious, and at the time it was observed, defendant possessed illegal drugs with the intent to distribute same. The evidence was sufficient to establish that he possessed the firearm, and the judgment of the Court of Appeals is affirmed.

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MALBROUGH v. COMMONWEALTH

In a prosecution for drug and weapons violations in which defendant claimed that a consent search of his person conducted at a roadside stop after being told that he was free to leave violated his Fourth Amendment rights, it cannot be said that the trial court's conclusion that a reasonable person would have felt free to ignore such request and leave the scene was plainly wrong or unsupported by the evidence. Defendant did not establish that the circuit court committed reversible error in that finding, and no error is found in the application of law by either that court or the Court of Appeals. Accordingly the judgment upholding the convictions is affirmed.

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NATIONWIDE MUTUAL INSURANCE CO. v. ST. JOHN

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. NATIONWIDE MUTUAL INSURANCE CO. v. ST. JOHN January 14, 2000 Record No. 990161 ...

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GEORGE MASON UNIVERSITY v. FLOYD

In an appeal from a state university's decision denying a student in-state tuition status under Code § 23-7.4(B), jurisdiction lies in the Supreme Court under Code § 8.01-670(A)(3) because under Code § 17.1-405 the Court of Appeals does not have jurisdiction over an administrative decision made by an entity that is not purely an administrative agency. On the merits, in light of the presumption established in Code § 23-7.4(B), the university's decision was not arbitrary, capricious, or otherwise contrary to law. The judgment of the circuit court is reversed, and final judgment is entered for the university.

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