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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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TUCKAHOE YMCA V, SHORES

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

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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

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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

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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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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.

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HOLDEN v. HOLDEN

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. HOLDEN v. HOLDEN NOVEMBER 16, 1999 Record No. 2614-98-3 ROBERT CHARLES HOLDEN v. ...

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HILTON v. MARTIN

In an action to recover damages for personal injury and death resulting from an assault on the victim by a fellow employee, the trial court erred in concluding that the Virginia Worker?s Compensation Act provided the exclusive remedy for the claims. Applying the actual risk test, the assault on the victim had no relationship with her status as an employee. Whether intended as flirtatious, merely playful, or as harassment, the assault was purely personal and thus the resulting injury and death did not "arise out of the employment" under Code § 65.2-101. The judgment is reversed and the case is remanded for further proceedings.

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