KEARNEY v. KEARNEY

Trial judge did not err in denying appellant?s claims for a survivor benefit under an annuity and for spousal support; trial judge did not err in ruling that monies appellee gave to appellant were gifts, not loans, and in determining the division of equity in the marital residence

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INTERNATIONAL PAPER COMPANY v. TERRY

Summary affirmance ? commission did not err in finding that the appellant failed to prove appellee was fully able to perform the duties of his pre-injury work

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WILSON v. THE GOODYEAR TIRE AND RUBBER COMPANY, et al.

Summary affirmance ? commission did not err in reversing the deputy commissioner?s finding as to claimant?s credibility, the occurrence of an injury by accident arising out of and in the course of his employment, and the existence of a causal connection between claimant?s injury and his medical treatment and disability

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COTTRELL v. DEROYAL INDUSTRIES, INC., et al.

Summary affirmance ? commission did not err in denying claimant benefits under the Workers? Compensation Act as claimant failed to prove by clear and convincing evidence that her left carpal tunnel syndrome did not result from causes outside her employment

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MCDANIEL v. TYSON FOODS, INC.

Summary affirmance ? commission did not err in finding that appellant?s misrepresentations regarding his medical history during the job application process with appellee precluded him from receiving benefits under the Workers? Compensation Act for an accidental injury

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DANIEL, et al. v. CTR CORPORATION, et al.

Summary affirmance ? commission did not err in denying the claimant?s claim for an award of death benefits and medical expenses and finding that claimants failed to prove the employee?s death was a compensable consequence of his injury by accident

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AREY v. AREY

Summary affirmance ? trial court did not err in finding that appellant was competent to execute the parties? property settlement agreement

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SAWWAN v. HUANG

Summary affirmance ? trial court did not err in terminating appellant?s visitation rights with his daughter, in finding appellant in contempt of court for violating the terms of prior court orders, and in awarding attorney?s fees to appellee

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JAMES ARCHER MARTIN v. COMMONWEALTH (118409)

Trial court did not err in finding appellant guilty of aggravated sexual battery of an eight-year-old boy as the victim could not have legally consented and thus constructive force existed as a matter of law

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DELUCA v. KATCHMERIC

Summary affirmance ? no error in trial judge?s distribution of the proceeds of the sale of the parties? martial home following their divorce

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MARTIN v. COMMONWEALTH

Trial court did not err in finding appellant guilty of aggravated sexual battery of an eight-year-old boy as the victim could not have legally consented and thus constructive force existed as a matter of law

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AARON GRUSS v. COMMONWEALTH (118370)

Summary affirmance - trial judge did not err in finding the evidence sufficient to convict appellant of leaving the accident scene without giving the statutorily required information

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REGINALD L. HUMPHRIES v. COMMONWEALTH (118369)

Trial court did not err in excluding evidence that appellant suffered Acute Stress Disorder as the evidence of the force and violence used to inflict the injuries that killed the victim established malice without relying on an inference arising from appellant?s post-incident conduct

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COMMONWEALTH v. RUSSELL HOPSON (118368)

Trial court erred in holding that the officers failed to articulate circumstances justifying the application of the emergency exception to the warrant requirement; trial court?s suppression order is reversed and the matter is remanded for trial

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COMMONWEALTH v. HOPSON

Trial court erred in holding that the officers failed to articulate circumstances justifying the application of the emergency exception to the warrant requirement; trial court?s suppression order is reversed and the matter is remanded for trial

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GRUSS v. COMMONWEALTH

Summary affirmance - trial judge did not err in finding the evidence sufficient to convict appellant of leaving the accident scene without giving the statutorily required information

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HUMPHRIES v. COMMONWEALTH

Trial court did not err in excluding evidence that appellant suffered Acute Stress Disorder as the evidence of the force and violence used to inflict the injuries that killed the victim established malice without relying on an inference arising from appellant?s post-incident conduct

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ALAN LUGINBYHL, S/K/A ALAN KURT LUGINBYHL v. COMMONWEALTH

Trial court did not err in admitting the breath test certificate as the result of the breath test does not constitute hearsay and does not implicate appellant?s Sixth Amendment rights; statements contained in the certificate attesting to the equipment?s good working order and the officer?s valid license to operate the machine do not constitute testimonial hearsay

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WILLIS HOWARD WINFREE v. LINDA PUGH WINFREE

No error in trial court?s finding that issue of whether assignment of appellant?s monthly veterans? disability benefits to appellee, while in violation of federal law, was barred by res judicata as order based on parties? agreement was voidable not void ab initio

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DIANA BARKER v. VIRGINIA DEPARTMENT OF CORRECTIONS

Summary affirmance ? no error found in circuit court?s affirmation of the hearing officer?s decision that deviations in Department grievance procedure constituted harmless error as appellant was no longer certified to serve in her position

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LUGINBYHL v. COMMONWEALTH

Trial court did not err in admitting the breath test certificate as the result of the breath test does not constitute hearsay and does not implicate appellant?s Sixth Amendment rights; statements contained in the certificate attesting to the equipment?s good working order and the officer?s valid license to operate the machine do not constitute testimonial hearsay

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LEUTHNER v. CANADA DRY POTOMAC CORPORATION, ET AL.

No error in commission?s denial of workers? compensation benefits for pain and numbness in appellant?s hands as credible evidence supports the commission?s decision on causation

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WINFREE v. WINFREE

No error in trial court?s finding that issue of whether assignment of appellant?s monthly veterans? disability benefits to appellee, while in violation of federal law, was barred by res judicata as order based on parties? agreement was voidable not void ab initio

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NEWSOME v. NEARY

Trial court did not err in ruling that the parties? child attend public school instead of private school

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BARKER v. VIRGINIA DEPARTMENT OF CORRECTIONS

Summary affirmance ? no error found in circuit court?s affirmation of the hearing officer?s decision that deviations in Department grievance procedure constituted harmless error as appellant was no longer certified to serve in her position

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NABISCO, ET AL. v. MCDANIEL

Summary affirmance ? commission did not err in awarding appellee compensation for her left shoulder injury and finding that the injury constituted a compensable consequence of her right shoulder injury

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JEFFREY DAVID WIESE v. MARGARET ANNE WIESE

Error in part in the trial court?s decision concerning the equitable distribution of the marital residence; judgment is affirmed in part, reversed in part, and remanded to the trial court

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WIESE v. WIESE

Error in part in the trial court?s decision concerning the equitable distribution of the marital residence; judgment is affirmed in part, reversed in part, and remanded to the trial court

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PHILIP C. TENCER v. WARREN P. DENISE

No error in trial court?s denial of father?s petition to place sole legal custody of the child in him; trial court properly applied the best interests test to determine the child?s custody

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WARREN P. DENISE v. PHILIP C. TENCER

Trial court did not err in finding that a material change in circumstances had occurred and in finding it in the child?s best interests to award physical custody to father; no error found in trial court?s decisions on certain evidentiary matters

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LESTER BERNARD LYNCH, JR. v. COMMONWEALTH

Trial court did not err in admitting appellant?s statement and the substance of the preceding conversation under the adoptive admission exception to the hearsay rule

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