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Virginia Court of Appeals

HAR-LEE COAL COMPANY, et al. v. MULLINS

The commission did not err in finding that claimant met his burden of proof as the finding is supported by credible evidence and reasonable inferences drawn from the evidence; employer's due process rights were not violated and commission did not err in denying motion to vacate the review opinion and remand the case for further proceedings; doctrine of imposition does not apply.

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MEDLIN v. COMMONWEALTH

Trial court did not err in finding that the evidence was sufficient to prove that appellant used the vehicle in question without authority.

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DAVENPORT v. G.D.C., INC.

Trial court applied an incorrect standard in making its determination; the trial court was required to determine under the Virginia Overhead High Voltage Line Safety Act whether the hazard was "open and obvious" and whether G.D.C., Inc. "knew or should have known of the problem [or practice or condition] on the worksite that resulted in [employee's] death."

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CANADY v. COMMONWEALTH

No error in imposition of sentence on a probation violation; the original sentence did not exceed the limits proscribed by law.

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AKERS v. FAUQUIER COUNTY DEPARTMENT OF SOCIAL SERVICES

No error in trial court's order terminating appellant's parental rights to child; trial court did not err in ruling that DSS did not have to afford appellant services after goal changed to adoption; trial did not err in finding that the requirements of Code Section 16.1-382(C)(1) and (2) were proved; trial court did not err in considering child's preferences.

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SMITH v. COMMONWEALTH

Trial court did not err in denying appellant's motion to withdraw guilty plea; credible evidence supports the trial court's denial of the motion

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WOODRUFF v. COMMONWEALTH

Trial court did not err in denying appellant's motion to strike; evidence was sufficient to support appellant's conviction of embezzlement.

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MONTAGUE v. COMMONWEALTH

No error in trial court's finding that evidence was sufficient to prove appellant committed forcible sodomy through the use of force, threat or intimidation

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ELDER v. COMMONWEALTH

Trial court did not err in denying appellant's motion to suppress evidence as Court finds evidence was obtained pursuant to a proper custodial arrest

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ANDERSON v. ANDERSON

Summary affirmance - trial court did not err in allowing use of depositions, in equitable deistribution of parties' property, and refusing to allow appellant to provide rebuttal evidence

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MANGANO v. COMMONWEALTH

Court finds evidence not sufficient to support convictions of felony child abuse and misdemeanor reckless handling of firearm

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TAYLOR v. COMMONWEALTH

Trial court did not err in denying appellant's motion to be sentenced under 2003 amended version of Code Section 18.2-308.4 rather than version in effect at time of offense

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HOLLEY v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to convict appellant for attempted malicious wounding of a law enforcement officer

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CORBIN v. COMMONWEALTH

Trial court did not err in finding appellant guilty of driving under the influence; trial court erred in not considering Code Section 46.2-398 and matter remanded to trial court for appropriate action

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BROWN v. BROWN

Summary affirmance - no error in trial court's award in spousal support and attorney's fees to appellee

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GARRETT v. GARRETT

No error in trial court's finding various promissory notes unenforceable and in refusing to classify the debts represented by those notes as appellant's separate property

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JACKSON v. COMMONWEALTH

Trial court did not err in finding Code Section 4.1-322 does not violate Eighth or Fourteenth Amendments and in convicting appellant of possession of alcohol by an interdicted person

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SMITH v. COMMONWEALTH

Trial court did err in finding evidence was sufficient to prove appellant's operator's license was revoked and that appellant had notification of that revocation as required by statute

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MCGUIRE v. FREDERICK COUNTY DEPARTMENT OF SOCIAL SERVICES

Evidence was sufficient to support trial court's finding that termination of appellant's parental rights to her two minor children was in their best interests and that not reasonably likely that conditions resulting in the abuse and neglect could be substantially eliminated within a reasonable period of time

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LEE v. COMMONWEALTH

No error in trial court's denial of motion to suppress statements appellant made to the police

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IN RE: MEADOR

No error in commission's interpretation of Birth-Related Neurological Injury Compensation Act and its finding that Act was inapplicable to the unique circumstances presented in this case where child was born at home and then transported to hospital

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BAHEN v. CITY OF HAMPTON

Trial court erred in excluding appellant's proffered evidence that speed limit at location where she was stopped and charged with speeding had not been lawfully established

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ONDEO DEGREMONT, INC., et al. v. ROMAN

Summary affirmance - No error in commission's determination that appellant sustained his burden of proving a compensable occupational disease, Mixed Connective Tissue Disorder, arose out of and in course of his employment

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WASHINGTON v. COMMONWEALTH

Trial court erred in finding that felony convictions, which were needed to invoke Code Section 19.2-297.1, were admissible at guilt stage of trial as element of conviction of malicious wounding under Code Section 18.2-51

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KELSON v. COMMONWEALTH

No error in trial court's denial of motion to suppress where appellant's arrest for trespassing was neither unconstitutional nor illegal and drugs were found as result of search while in jail

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STEVENS v. COMMONWEALTH

Trial court did not err in permitting prosecution of aggravated involuntary manslaughter charge, admitting the hospital toxicology report, or in refusing appellant's proffered jury instructions; evidence was sufficient to support conviction

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IN RE: NEWMAN

Petition for writ of actual innocence dismissed where civil adjudication as an habitual offender does not qualify under statute as a felony conviction and petitioner's argument challenging validity of statutes leading to his adjudication is not evidence entitling petitioner to relief

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BOOTH v. COMMONWEALTH

Trial court did not err in finding that probative value of admission of related murder conviction evidence outweighed potential prejudical effect

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LEAKE v. LEAKE

No error in trial court's decision that appellant pay one-half of the guardian ad litem fee or in denying her request for an award of attorney's fees

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LEDWITH v. LEDWITH

Trial court erred in its calculation of the value of appellant's practice for purposes of equitable distribution; matter remanded to trial court for further proceedings

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WALSHAW v. COMMONWEALTH

Judgment of trial court affirmed where Court finds short form of indictment informed appellant of nature and cause of accusation against him and trial court did not err in granting/refusing instructions to jury

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SPINNER v. COMMONWEALTH

No error in trial court's denial of motion to suppress or in finding evidence sufficient to support convictions of obstructing justice, possessing an imitation controlled substance with intent to distribute and possession of firearm by felon

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TATE v. COMMONWEALTH

Judgment of trial court affirmed where record does not establish that appellant was denied his right to a speedy trial

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LEDWITH v. LEDWITH (52965)

Trial court erred in its calculation of value of appellee's practice for purposes of equitable distribution and erred in failing to make a reservation of appellant's right to request spousal support; matter remanded to trial court for further proceedings

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AHMED v. AHMED

No error in trial court's finding that certain assets were appellee's separate property and were not to be divided according to written separation agreement

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DAVIS v. COMMONWEALTH

Judgment of trial court affirmed where evidence supported appellant's convictions of disorderly conduct and assault

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