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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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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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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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 (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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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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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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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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Smith v. COMMONWEALTH

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

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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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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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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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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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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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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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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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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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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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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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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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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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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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Peek v. COMMONWEALTH

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

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Jackson (Jerald) v. Commonwealth

An anonymous tip lacked sufficient indicia of reliability to justify an investigatory stop of a vehicle in which defendant was a passenger. Thus, the stop and subsequent search of the defendant were illegal, and the trial court erred in refusing to grant pre-trial suppression of the firearm and narcotics evidence seized. The judgment of the Court of Appeals is reversed, and the indictments are dismissed.

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O'Neill v. Windshire-Copeland Associates

In responding to a certified question of law, it is held that a personal injury plaintiff's contributory negligence in connection with a fall from an apartment balcony may be relied upon by the defendant apartment owner even where the protective railing of the balcony does not comply with municipal building code height requirements.

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Bd. of Zoning of the City of Virginia Beach v. Pennington

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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MacNeal v. Town of Pulaski Bd. of Zoning Appeals

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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Schwartz v. Commonwealth

The circuit court did not err in finding defendant guilty of three counts of arson where the facts showed that two vehicles and a home were destroyed by fire ignited on one of the vehicles. The judgment of the Court of Appeals confirming these convictions is affirmed.

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Milteer v. Commonwealth

The evidence was sufficient to sustain defendant's conviction under Code § 59.1-41.3 for knowing possession of illegally reproduced videocassettes for sale, and that conviction is affirmed. A charge for possessing compact discs that did not disclose their true manufacturer (a counterfeiter) is dismissed because Code § 59.1-41.4 does not independently criminalize failure to abide by its labeling requirements. A related probation revocation disposition is reversed and remanded for further proceedings.

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