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Virginia Court of Appeals

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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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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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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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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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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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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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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Jones v. COMMONWEALTH

The evidence proved the Department sent appellant a letter informing him of the 1996 habitual offender adjudication. Thus the evidence was sufficient to sustain appellant's conviction of feloniously operating a motor vehicle on May 24, 1999 after being declared a habitual offender.

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JONES v. DAVIS

The trial court erred in allowing credit for non-conforming payments in this case where no agreement as to child support existed between the parties and no petition for modification of support was pending during the period for which credits were awarded. Case is reversed and remanded with direction that a judgment be entered against father for arrearages.

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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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Tran v. COMMONWEALTH

The trial court did not err in denying appellant's motions to strike the evidence and set aside the jury verdict.

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Peek v. COMMONWEALTH

The trial court did not err in finding that appellant possessed the cocaine and firearm.

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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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Webb v. Webb

The trial court erred in determining the marital share of husband's retirement account at a date other than the date of the parties' separation.

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WILLIAMS v. COMMONWEALTH

A conviction under the statute required proof only that appellant made a willfully false material statement on the registration form and did not require proof that the form apprised him such a statement would constitute election fraud.

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BUDNICK v. BUDNICK

The trial court did not err in adopting the commissioner's report; in its equitable distribution award, including a separate monetary award to wife; in its refusal to impute income to wife; or in its award of attorney's fee to wife.

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Cooner v. Cooner

The trail court did not err in finding a material change of circumstances that warranted a review of the custody of G.C. and B.C., giving undue influence to the preferences of G.C. and B.C., and finding the evidence sufficient to award custody of N.B and T.B. to husband, who was a non-parent.

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Beale v. COMMONWEALTH

The trial court did not err in failing to make such a finding or in admitting the testimony of a Sexual Assault Nurse Examiner.

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