HOLLAND v. HOLLAND

Summary affirmance - trial court did not abuse its discretion in its spousal support award or in refusing to award appellant her attorney's fees

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TEX TECH INDUSTRIES, INC., et al. v. ELLIS

Commission did not err in finding evidence sufficient to support claimant's CTS arose out of and in the course of her employment and did not result from causes outside the employment

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BOEDEKER v. LARSON

No error in trial court's decision that a portion of husband's military career status bonus was marital property subject to division under the parties' separation agreement

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MCBRIDE v. COMMONWEALTH

Court finds invited error doctrine precludes review of issue of whether trial court erred in not instructing jury on without the use of force in appellant's convictions of carnal knowledge

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SCOTT v. SCOTT

No error in trial court's decision to classify condo as wholly marital property and to distribute it evenly between the parties; no abuse of discretion in the trial court's distribution of a tax refund or award of attorney fees to appellee

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MELTON v. ATLANTIC GROUP, INC., et al.

No error in commission's determinations that employer's change-in-condition application for termination of benefits complied with the Rules, that claimant failed to market his residual work capacity and that employer's failure to grant claimant's request for vocational rehabilitative services did not relieve claimant from marketing his residual work capacity

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SMITH v. J.C. PENNY CO., INC., et al.

Commission did not err in denying appellant's claim for benefits as credible evidence supports the commission's determination that appellant's injury did not arise out of the employment

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BOWMAN v. WASHINGTON (ORDER)

In granting a habeas corpus request for a belated appeal where the petitioner was denied his right to appeal through no fault of his own due to counsel's failure to file a timely petition for appeal, the trial court abused its discretion in dismissing several of petitioner's other claims with prejudice. The circuit court?s order is affirmed in part and reversed in part, and the cause is remanded to the circuit court for entry of an order dismissing the petitioner?s remaining habeas corpus claims without prejudice.

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SHARPE v. COMMONWEALTH

Trial court did not err in denying appellant's motion to suppress as appellant failed to establish a legitimate expectation of privacy

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ESQUIBELE v. COMMONWEALTH

Trial court did not err by amending appellant's indictment as permitted under Code Section 19.2-231 as the modification did not change the general nature or character of the crime charged

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WHITE v. COMMONWEALTH

Trial court erred in excluding all evidence related to appellant's mental condition and sanity at time of offense

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MAYE v. COMMONWEALTH

No error in trial court's determination that police executed a search warrant in compliance with the "forthwith" requirement of Code Section 19.2-56 or in finding evidence sufficient to support appellant's convictions for possession of a firearm and possession of cocaine with intent to distribute

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BOLDEN v. COMMONWEALTH

Trial court did not err in finding that sufficient evidence supports appellant's conviction for driving after having been adjudicated an habitual offender

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PERRY v. DELISLE, et al.

Commission erred in finding evidence sufficient to conclude that appellee did not regularly employ three or more persons and was not within the coverage of the Workers' Compensation Act

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CIRRITO v. CIRRITO

Trial court did not err in determination that appellant had the burden to prove the cause of an increase in value of assets and in finding that jointly titled property was not gifted; trial court did err in determination of payment to appellee pursuant to a non-compete agreement, in refusing to award child support retroactive, and in ordering appellant to produce expert reports

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MCALEVY v. COMMONWEALTH

Trial court did not err in finding removal of stolen property by an innocent purchaser can be imputed to appellant to satisfy asportation element of grand larceny

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CHERRY v. COMMONWEALTH

Trial court did not err as probable cause and exigent circumstances existed to permit a warrantless entry of the residence to prevent the destruction of evidence and to effect the warrantless seizure of that evidence

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ORNDORFF v. COMMONWEALTH

Trial court erred in refusing to grant appellant a new trial based on after-discovered evidence that appellant suffered from a psychiatric disorder that rendered her legally insane at the time of the offenses

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STOROZUM v. CHERNIN

Trial court erred in finding appellant guilty of criminal contempt and in imposing attorney's fees as a sanction; no error in trial court's arrearage award or refusal to require appellant to pay pro-rata share of medical expenses

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DOROUGH v. DOROUGH

No error in trial court's decision to reduce child support payments, as trial court found the appellee was neither voluntarily unemployed nor underemployed

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CAVUOTO v. BUCHANAN COUNTY DEPARTMENT OF SOCIAL SERVICES

Trial court erred in ordering appellant to undergo a medical examination and evaluation without making the necessary finding under statute that appellant was incapable of making an informed decision regarding her health

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EVERETT v. COMMONWEALTH

Trial court did not err in quashing appellant's subpoena duces tecum as documents not discoverable and in finding search was proper

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IN RE: ADAMS

Petition for a Writ of Actual Innocence dismissed where petitioner has proffered no evidence that was previously unknown or unavailable as required by Code Section 19.2-327.11

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NAVARETTE-RAMOS v. COMMONWEALTH

Appellant's conviction of recruiting a juvenile to partipate in or become a member of a criminal street gang affirmed under Rule 5A:18 where issue raised on appeal was not raised in trial court

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ACHESON v. COMMONWEALTH

Trial court did not err in admitting certificate of analysis from appellant's blood alcohol test and in finding evidence sufficient to convict appellant of driving under the influence

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JONES v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to prove conviction of felony child neglect

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COMMONWEALTH v. HILL

Trial court erred in granting appellee's motion to suppress as evidence was obtained pursuant to a valid search within an area subject to appellee's immediate control

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GILLILAND v. GILLILAND

Summary affirmance - no error in trial court's decision concerning equitable distribution award or in award of attorney's fees to appellee related to appellant's motion for reconsideration

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YIP v. YIP

Summary affirmance - as appellant's opening brief does not meet the requirements of Rule 5A:20, Court finds appellant's questions presented do not warrant appellate consideration

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GRUETTNER v. GRUETTNER

Trial court did not err in granting a divorce on the basis of husband's desertion or regarding spousal support and attorney's fees awards

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JARIRI v. DIVISION OF CHILD SUPPORT ENFORCEMENT, ETC.

Trial court did not err in setting amount of child support; issue of whether trial court lacked jurisdiction to consider the merits of case under the principle of comity barred by Rule 5A:18

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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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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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NEELY v. COMMONWEALTH

Trial court erred in finding that it did not have jurisdiction under Code Section 19.2-303 to consider a motion to modify sentence while the defendant was in the custody of the Federal Bureau of Prisons; trial court also erred in ruling that Rule 1:1 deprived it of jurisdiction to entertain defendant's motion to modify his sentence.

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HARRISON v. COMMONWEALTH

Trial court did not err in ordering that the sentences run consecutively when the jury requested that they run concurrently; outcome of case deterimined by statutory mandate of Code Section 19.2-308.

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FRIMPONG v. COMMONWEALTH

Appellant's conviction for first-degree murder is affirmed; because Walshaw v. Commonwealth, 44 Va. App. __, 2004 Va. App. LEXIS 483, at * 13 (2004), governs this case, appellant's challenge to the statutory short-form indictment is rejected.

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