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Virginia Court of Appeals

Elliott v. Elliott

Summarily affirmance: No abuse of discretion in the judge's custody determination. The record demonstrates that the trial judge carefully weighed the evidence, considered the factors set forth in Code § 20-124.3, as required by Code § 20-124.2, and made extensive findings; the parties request for costs and attorney's fees is denied.

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STROUT v. CITY OF VIRGINIA BEACH

The Court cannot harmonize the local and state provisions because the Virginia Beach ordinance establishes a penalty, which exceeds the penalty "prescribed by general law for" the "like" offense; conviction reversed.

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NISBET v. CITY OF VIRGINIA BEACH

The Court cannot harmonize the local and state provisions because the Virginia Beach ordinance establishes a penalty, which exceeds the penalty "prescribed by general law for" the "like" offense; conviction reversed.

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ALLMAN v. COMMONWEALTH

The evidence was insufficient to prove his language was obscene, reversing and dismissing his conviction without considering whether he acted with intent to harass.

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SLADE v. COMMONWEALTH

The totality of the circumstances provided the magistrate with a substantial basis to find the probable cause justified the search.

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CUSTALOW v. COMMONWEALTH

Evidence sufficient, appellant was properly excluded from the reservation, trespassing conviction affirmed.

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Porter v. Department of Human Resource Management, et al.

Summarily affirmance: Appellant was provided an opportunity to respond to the charges and did so in conjunction with the investigation conducted by NSU's human resources department. She was afforded further opportunity to respond to the allegations through the grievance process of which she availed herself.

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Smith v. COMMONWEALTH

Appellant offered no evidence that the Commissioner violated his statutory duty to mail the revocation notice, habitual offender conviction affirmed.

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COMMONWEALTH v. Mayfield

The court's ruling constituted a finding that defendant was seized without reasonable suspicion and that this illegal seizure tainted defendant's consent to search. Because the evidence supports such a ruling, case is remanded to the trial court for further proceedings.

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SAWYER v. COMMONWEALTH

Evidence supports the trial court's conclusion that appellant failed to prove she was physically unable to submit to a breath test. In the absence of such proof, appellant was not entitled to a blood test.

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Buxton v. Murch

The actual expenses incurred by the Appellees in enforcing the contempt citation against the Appellants, including the costs for attonrye's fees in defending the Appellants' appeal of the contempt citation, are part of the damages suffered as a result of the contempt and may be included by the trial court as part of the sanctions.

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Stafford (County of) School Board and Viginia Municipal Group, et al. v. Robin Dale Willis

Summarily affirmance: No reversible error in awarding medical benefits and temporary total disability benefits to claimant, finding claimant proved she sustained a new injury by accident arising out of and in the course of her employment on December 4, 2002, and finding that her disability was causally related to the December 4, 2002 compensable injury by accident.

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Nelson v. COMMONWEALTH

The record supports the trial court's conclusion that no reasonable doubt existed as to the impartiality of the remaining jurors not struck for cause and, thus, that the denial of appellant's mistrial motion did not constitute manifest error.

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BOYD v. PEOPLE, INC., et al.

The Commission's determination that employer's application did not violate Commission Rule 1.4 was not in error.

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Baker v. COMMONWEALTH

The evidence supports the trail court's determination that appellant possessed the cocaine with the intent to distribute.

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Hoffman v. Hoffman

No trial court error in its classification of appellant's investment account as marital property; its classification of the marital residence as wife's separate property; and its distribution of the marital estate.

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Hoffman v. Hoffman (52932)

No trial court error in failing to award appellant spousal support; not reserving for her a right to future spousal support; admitting into evidence the probate file of husband's father; admitting audiotapes of her arguments with husband, and not awarding her attorney's fees.

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Virginia Employment Commission v. Hill, et al.

Reversing the trial judge's order and affirming the Commissioner's finding, claimant voluntarily and without good cause left her job when she "refused to work out a notice period, after being informed of a future discharge."

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Goodman v. COMMONWEALTH

The entry into appellant's property without a warrant under the circumstances of this case was unlawful, and the trial court erred in denying appellant's motion to suppress.

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McClam v. COMMONWEALTH

Probable cause supported an arrest for trespassing and , under the procedural posture of this case, that the trial court's denial of the motion to suppress did not constitute reversible error.

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COUREMBIS v. COUREMBIS

The trial court's allocation of the assets was supported by the evidence and the law; case remanded to the trial court for an award of attorney's fees to wife.

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Dotson v. Dotson

The trial court properly applied the governing statute on equitable distribution to the farm property. The evidence in the record supports the court's findings on classification, donative intent and division. No error or abuse of discretion in the trial court's award.

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Viney v. COMMONWEALTH

The evidence was sufficient to prove that appellant's movement of his shorts, combined with the eye movement described by the complainants, was enough to deduce that his intent was lascivious.

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Dibich v. Dibich

The trial court's determination of the marital values in the several properties is supported by the evidence before it. No error in the trial court's equitable distribution award.

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Smith v. COMMONWEALTH

The trial court did not err in refusing the heat-of-passion instruction proffered by appellant.

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American Airlines, Inc., et al v. Thomas

Summarily affirmance: No reversible error in awarding temporary total disability benefits, temporary partial disability benefits, and medical benefits to claimant.

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Strong v. Hampton Department of Social Services

Summarily affirm: The record supports the trial court's finding that the best interests of the children would be served by changing the foster care plan goal to adoption.

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Abt-Barnett v. Chesterfield-Colonial Heights Department Social Services

Summarily affirmed: The record supports the trial court's finding that the department presented clear and convincing evidence satisfying the statutory requirements of Code § 16.1-283 and establishing that termination of mother's parental rights is in the child's best interest.

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Lester v. COMMONWEALTH

The evidence of the confession was not inherently incredible, and as a whole was sufficient to support appellant's conviction.

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Cherry v. COMMONWEALTH

Appellant's claims are procedurally defaulted under Rule 5A:18, judgment of trial court affirmed.

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