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Virginia Court of Appeals

HUDGINS v. COMMONWEALTH

Appellant's acquittal on the robbery indictment acted as an acquittal of the lesser-included offense of larceny and the Double Jeopardy Clause barred the subsequent attempt to convict appellant of grand larceny from the person.

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EMERSON v. COMMONWEALTH

Evidence presented is sufficient to prove beyond a reasonable doubt that appellant possessed the cocaine with the requisite intent to distribute it.

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CARWLEY v. FORD

Without evidence, or a proper record of proceedings during which the agreement was made, this Court simply cannot conduct an examination of the circumstances in order to determine whether the trial court erred.

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PEARSON v. COMMONWEALTH

The trial court did not abuse its discretion in admitting the certificate of blood analysis into evidence.

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Johnson v. Johnson

The trail court determined that husband did not meet his burden of proof and accordingly denied his motion to abate spousal support.

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ARTIS v. OTTENBERG'S BAKERS, INC. et al.

Error in decision of commission denying appellant's claim for post- termination disability benefits; matter remanded to commission to calculate amount of benefits

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BREEDEN v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support convictions or in admitting witness' recent complaints of rape

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LEWIS v. COMMONWEALTH

Trial court did not err in failing to grant mistrial or in overruling objection to improper impeachment testimony; one count of attempted robbery is reversed and dismissed as evidence not sufficient to sustain conviction

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Bowling/Ted Bowling Construction v. Creel

Summary affirmance; no error in finding employer failed to sustain burden of proving it did not have three or more employees regularly in service and not subject to Workers' Compensation Act

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MCKNIGHT v. WORK ENVIRONMENT ASSOCIATES AND TRAVELERS

No error in decision of commission finding employer entitled to an offset against its future workers' compensation liability for amount of appellant's recovery from a third party tortfeasor

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Nelson v. COMMONWEALTH

No error in trial court's discretion in ordering, as a condition of probation, that appellant not operate motor vehicle for twenty years

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Wilson v. COMMONWEALTH

No error in trial court's refusal to allow appellant to withdraw his Alford pleas to second-degree murder, malicious wounding and use of a firearm in commission of murder

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Jones v. Commonwealth of Virginia, Dept. of Social Services, etc.

Trial court lacked jurisdiction to entertain appeal of registration and confirmation of child support orders when appellant failed to post an appeal bond on appeal from juvenile and domestic relations district court; judgment vacated and juvenile court order reinstated

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MYERS v. COMMONWEALTH

The trial court erred in finding the evidence sufficient beyond a reasonable doubt to convict appellant of grand larceny and possession of a firearm by a felon; conviction reversed and dismissed.

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Case v. Case

Summarily affirm: No error in the trial court''s final divorce decree.

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Featherstone v. Division of Social Services of The City of Danville

Summarily affirmance: The record supports the trial court's finding that DSS presented clear and convincing evidence satisfying the statutory requirements of Code § 16.1-283(C)(2) and establishing that the termination of appellant's residual parental rights was in the child's best interest.

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Long v. Holt-Tilman

The trial court found that the evidence failed to show that K.L.'s best interests would be served at the time by a return of custody to appellants. The trial court did not abuse its discretion in refusing to return physical custody to the appellant's.

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G.M.W. General Contractors, Inc., et al. v. Sheffield

Summarily affirmance: No reversible error in finding that claimant proved he sustained neck and back injuries casually related to his compensable May 23, 2001 injury by accident, and that employer was responsible for payment of medical bills for treatment rendered to claimant.

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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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Thornton v. Philip Morris USA, et al.

Summarily affirmance: No reversible error in denying claimant's claim for benefits, and finding that she failed to prove she sustained an injury by accident arising out of her employment on September 10, 2002.

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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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