Home / Uncategorized (page 9)

Uncategorized

Feed Subscription

FORD MOTOR CO. v. FAVINGER

In considering a claim for temporary partial disability benefits under the Virginia Workers? Compensation Act, Code §§ 65.2-100 through 65.2-1310, the Commission's award, affirmed by the Court of Appeals, was not predicated upon evidence that the employee made a reasonable effort to market his residual work capacity. Because the record contains no such evidence, the judgment of the Court of Appeals is reversed and final judgment is entered for the employer.

Read More »

PARKER v. COMMONWEALTH

In a prosecution for the felony of obtaining money in excess of $200 under false pretense in violation of Code § 18.2-178 by passing off fake pills in a drug transaction, the element of false inducement to part with money or property was proven by sufficient evidence and the question whether the purchaser would have parted with his money or goods without this pretense was properly a question for the jury. The judgment of the Court of Appeals, upholding the conviction, is affirmed.

Read More »

STEPP, et al. v. FOSTER, et al. (59416)

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. STEPP, et al. v. FOSTER, et al. January 14, 2000 Record No. 990404 ...

Read More »

BAYVIEW LOAN SERVICING v. SIMMONS

In a breach of contract action arising out of foreclosure proceedings, the circuit court did not err in holding that no right to foreclose had vested in favor of a loan servicing company because it had failed to comply with pre-acceleration notice requirements contained in the deed of trust. The statutory cure provisions of Code § 55-59.1(A) also do not apply, because the issue of whether the right to accelerate is in existence and capable of being exercised by a foreclosure notice is not controlled by the statute and thus remains a matter of contract between the parties. The judgment compensating plaintiff for the equity lost as a result of the foreclosure is affirmed.

Read More »

GLENN v. COMMONWEALTH

The circuit court correctly denied a defendant's motion to suppress evidence obtained in a search of his grandfather's house, where the grandfather consented to the search without reservation and defendant took no action to countermand such consent or object to the search of that portion of the residence he claimed he occupied and a closed backpack found therein. The facts available to the officers at the time of the search of the house were thus sufficient to lead a reasonable police officer to believe that the grandfather had authority to consent to a search of the backpack. The Court of Appeals' judgment affirming defendant's convictions is affirmed.

Read More »

UPPER OCCOQUAN SEWAGE AUTHORITY v. BLAKE CONSTRUCTION CO.

In considering contract claims arising under the Virginia Public Procurement Act, the circuit court had jurisdiction to determine interest due under a judgment and did not err in determining that interest accrued on awarded compensatory damages, but did err in setting the applicable interest rate. The court also erred in determining that post-judgment interest accrued on the pre-judgment interest awarded in two trials and that the judgment debtor had made a timely allocation of payment on the debt; however it did not err in denying the judgment debtor's motion for satisfaction. The judgment is affirmed in part, reversed in part, and the case is remanded.

Read More »

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.

Read More »

NEW RIVER CASTINGS CO., et al. v. MAPLE

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. NEW RIVER CASTINGS CO., et al. v. MAPLE NOVEMBER 16, 1999 Record No. ...

Read More »

DUTZMAN v. WOODDELL, et al.

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. DUTZMAN v. WOODDELL, et al. NOVEMBER 16, 1999 Record No. 1735-99-4 JOLEANE DUTZMAN ...

Read More »

MERCER v. COMMONWEALTH

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. MERCER v. COMMONWEALTH January 14, 2000 Record No. 990821 BRIGITTE MERCER v. COMMONWEALTH ...

Read More »

WELCH v. COMMONWEATH

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. WELCH v. COMMONWEALTH NOVEMBER 16, 1999 Record No. 1232-98-1 BRUCE ALAN WELCH v. ...

Read More »

WOODSON v. WOODSON

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. WOODSON v. WOODSON NOVEMBER 16, 1999 Record No. 1257-99-3 ANTHONY CARL WOODSON v. ...

Read More »

DOUGLAS v. COMMONWEATH

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. DOUGLAS v. COMMONWEALTH NOVEMBER 16, 1999 Record No. 1344-98-2 DWAYNE ANTHONY DOUGLAS v. ...

Read More »

ALLIED SIGNAL, INC., et al. v. PERSINGER

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. ALLIED SIGNAL, INC., et al. v. PERSINGER NOVEMBER 16, 1999 Record No. 1505-99-2 ...

Read More »

HALIFAX CORPORATION v. FIRST UNION NATIONAL BANK

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. HALIFAX CORPORATION v. FIRST UNION NATIONAL BANK June 8, 2001 Record No. 001944 ...

Read More »

LOGAN v. COMMONWEALTH

Trial court did not err in refusing to suppress out-of-court or in-court identifications of appellant based on a single photograph shown to a witness during the investigation of an unrelated crime

Read More »

BENNETT v. COMMONWEATH

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. BENNETT v. COMMONWEALTH NOVEMBER 16, 1999 Record No. 0925-98-2 ALLEN DALE BENNETT v. ...

Read More »

THE STATE v. JONES

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the South Carolina Supreme Court. THE STATE v. JONES   THE STATE OF SOUTH CAROLINA In The Supreme ...

Read More »

SHAUN ANTHONY WOODHOUSE v. COMMONWEALTH OF VIRGINIA

Trial court did not err in denying motion to suppress evidence of firearm where police officers had reasonable articulable suspicion under totality of circumstances to detain appellant and owner of vehicle gave permission for search resulting in seizure of firearm

Read More »

THE STATE v. McHONEY

NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the South Carolina Supreme Court. THE STATE v. McHONEY   THE STATE OF SOUTH CAROLINA In The Supreme ...

Read More »

WUBNEH v. COMMONWEALTH

No error in trial court?s finding that Commonwealth presented credible and competent evidence to prove object used to intimidate victim in robbery was in fact a firearm

Read More »

MICHAEL A. BAILEY v. COMMONWEALTH OF VIRGINIA

Trial court did not err in admitting four rocks of cocaine recovered from appellant?s accomplice?s pocket into evidence as they were legally relevant; evidence was sufficient to support conviction of possession of cocaine with intent to distribute

Read More »

MARTIN v. MARTIN

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. MARTIN v. MARTIN NOVEMBER 16, 1999 Record No. 0129-99-4 RANDALL ALLAN MARTIN v. ...

Read More »

AMERICAN ZURICH v. MARTINEZ et al.

Commission erred in setting aside and vacating unappealed decision of deputy commissioner on ground of mutual mistake of fact where evidence did not prove parties shared same mistaken belief as to identity of claimant?s supervisor; res judicata bars claimant?s second claim against employer

Read More »

HENNESS v. ROANOKE CITY

Judgment of trial court terminating appellant?s parental rights to her child affirmed where her parental rights were terminated under two subsections of statute and appellant only presented argument on appeal with regard to one of the subsections

Read More »

ALSTON v. COMMONWEALTH

Issue of postrelease supervision imposed in final order remanded to trial court to fix a term between confines of six months and six years

Read More »

WOODHOUSE v. COMMONWEALTH

Trial court did not err in denying motion to suppress evidence of firearm where police officers had reasonable articulable suspicion under totality of circumstances to detain appellant and owner of vehicle gave permission for search resulting in seizure of firearm

Read More »

BAILEY v. COMMONWEALTH

Trial court did not err in admitting four rocks of cocaine recovered from appellant?s accomplice?s pocket into evidence as they were legally relevant; evidence was sufficient to support conviction of possession of cocaine with intent to distribute

Read More »

TOLEDO BAR ASSOC. v. MANSOUR-ISMAIL

NOTICE: The opinions posted here are subject to revision by the court prior to their publication in the bound court reporters. If you find a typographical error or other formal error, please notify the Ohio Supreme Court. TOLEDO BAR ASSOC. ...

Read More »

MYERS v. RIES

NOTICE: This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. MYERS v. RIES Opinion Missouri Court of Appeals Eastern District Case Style: Tom Myers, Plaintiff/Appellant, v. Gerald Ries, Defendant/Respondent Case Number: ...

Read More »

AMERICAN COUNTRY INSURANCE CO. v. PALUMBO, et al.

NOTICE: This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. AMERICAN COUNTRY INSURANCE CO. v. PALUMBO, et al. Opinion Missouri Court of Appeals Eastern District Case Style: American Country Insurance Company, ...

Read More »

SPECHT v. BP AMERICA, INC. et al.

NOTICE: The opinions posted here are subject to revision by the court prior to their publication in the bound court reporters. If you find a typographical error or other formal error, please notify the Ohio Supreme Court. SPECHT v. BP ...

Read More »

COMMONWEALTH v. BLOUNT

Order of trial court affirmed under Rule 5A:18 where argument on appeal, application of a reasonableness standard for stop, not presented to trial court; Commonwealth did not object to trial court?s use of probable cause standard

Read More »
Scroll To Top