DAVID HERMAN WHITT v. COMMONWEALTH

As Code Section 18.2-271.1(F) grants continuing jurisdiction over any person entering VASAP until successful completion or revocation of the referral, trial court did not err in revoking a suspended jail sentence received for a conviction of driving under the influence second offense as defendant violated the district court?s referral to VASAP by failing to complete the program

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KEITH v. BALL METAL BEVERAGE CONTAINER CORPORATION

Commission erred in ruling that Code Section 65.2-601 barred the appellant?s claim as the appellant provided employer with timely notice of the accident that met requirements of Code Section 65.2-601; worker?s application was timely filed and the evidence established the disability was present and existing when filed

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RANNEY v. RANNEY (113413)

Trial court did not err in classification of the parties? property or in the distribution of the marital estate

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RUTLEDGE v. RUTLEDGE

Trial judge did not err in ruling that appellant?s marital property settlement agreement prohibited the trial judge from exercising discretionary authority to award attorney?s fees to appellee in a post divorce proceeding to modify spousal support as no terms of the agreement provide for attorney?s fees in the instance of either party seeking a modification of spousal support

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GARRAGHTY v. VIRGINIA RETIREMENT SYSTEM, et al.

Trial judge did not err in dismissing appellant?s petitions as appellees? letters were responses to appellant?s request for information, not an application or claim for benefits and do not meet the definition of ?case decisions? under the Administrative Process Act

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DAVIS v. COMMONWEALTH

Trial court erred in convicting appellant of ?Escape from Confinement? as appellant was no longer in the physical custody or even presence of the court

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WHITAKER v. COMMONWEALTH

Trial judge did not err in denying appellant?s motion to suppress as the officers had reasonable suspicion to investigate possible criminal activity by stopping the car; appellant?s incriminating statements, made after proper Miranda warnings, were admissible evidence

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COWELL v. COMMONWEALTH

Trial court did not err in refusing to grant appellant?s proposed jury instruction defining the term ?cohabitation? as the jury instruction incorrectly states the applicable law and would confuse or mislead the jury

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JONES v. CAMPANELLI

Summary affirmance - trial judge did not abuse his discretion by requiring the husband pay a portion of the unreimbursed medical expenses associated with the son?s therapy, in making the child and spousal support awards, and in denying husband?s request for attorney?s fees

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INVISIBLE FENCING OF HAMPTON ROADS, et al. v. COSTER

Summary affirmance ? no error in commission?s finding that appellee proved a reasonable excuse for his delay in giving timely notice of his July 1, 2002 injury by accident to employer as required by Code Section 65.2-600 and that employer failed to prove prejudice resulting from the delay in notice

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E.I.T., INC., et al. v. THOMAS

Summary affirmance - no error in commission?s finding that appellee proved she did not unjustifiably refuse employer?s offer of selective employment

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CONAWAY v. COMMONWEALTH

Trial court did not err in admitting the out-of-court statement as the statement was not hearsay because it was not offered to prove the truth of the matter asserted

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OVERCASH v. ALBERTELLA

Summary affirmance ? trial court did not err in finding a material change in circumstances, in ruling on mother?s motion to modify visitation, in determining change of visitation would be in child?s best interest and in awarding the child's mother attorney?s fees; trial court did not fail to consider all factors contained in Code Section 20-124.3

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VALLEJO v. PALMS ASSOCIATES, et al.

Summary affirmance - no error in commission?s finding that appellant failed to prove he sustained a compensable injury by accident on March 7 or 8, 2001

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RANNEY v. RANNEY

Trial court did not err in failing to reduce appellee?s equitable distribution award based on her fraudulent inducement of marriage

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WHITT v. COMMONWEALTH

As Code Section 18.2-271.1(F) grants continuing jurisdiction over any person entering VASAP until successful completion or revocation of the referral, trial court did not err in revoking a suspended jail sentence received for a conviction of driving under the influence second offense as defendant violated the district court?s referral to VASAP by failing to complete the program

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RAYMOND BRIAN THOMAS, SR. v. COMMONWEALTH

Trial court did not err in admitting into evidence 46 plastic baggies described by an expert narcotics officer as indicative of drug distribution; appellant waived all but one of his appellate arguments by failing to make specific and timely objections at trial

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AHMER SHAIKH v. COMMONWEALTH

Trial court did not err in excusing two veniremen from the jury panel as the trial court had the discretion to remove any venireman who might be ?prevented from or impaired in performing the duties of a juror?; trial court had no affirmative duty to fashion its own definitional instruction to accompany the model concert of action instruction

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TRACY D. PARIS v. CITY OF VIRGINIA BEACH DEPARTMENT OF SOCIAL SERVICES

Summary affirmance ? trial court did not err by denying appellant?s motion to dismiss the Norfolk petition for termination of residual parental rights; the original petition from Virginia Beach Juvenile and Domestic Relations District Court was dismissed and the defect of that petition has no effect on the jurisdiction and validity of the Norfolk petition and order before this Court

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THOMAS v. COMMONWEALTH

Trial court did not err in admitting into evidence 46 plastic baggies described by an expert narcotics officer as indicative of drug distribution; appellant waived all but one of his appellate arguments by failing to make specific and timely objections at trial

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SHAIKH v. COMMONWEALTH

Trial court did not err in excusing two veniremen from the jury panel as the trial court had the discretion to remove any venireman who might be ?prevented from or impaired in performing the duties of a juror?; trial court had no affirmative duty to fashion its own definitional instruction to accompany the model concert of action instruction

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PARIS v. CITY OF VIRGINIA BEACH DEPARTMENT OF SOCIAL SERVICES

Summary affirmance ? trial court did not err by denying appellant?s motion to dismiss the Norfolk petition for termination of residual parental rights; the original petition from Virginia Beach Juvenile and Domestic Relations District Court was dismissed and the defect of that petition has no effect on the jurisdiction and validity of the Norfolk petition and order before this Court

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JASON A. JETER v. COMMONWEALTH

Trial court did not err in admitting into evidence a lock-sealed envelope containing a substance later identified as cocaine as the Commonwealth established a proper chain of custody; because appellant failed to cite any authorities in his opening brief to support his argument that the trial court erred in denying his motion to strike, appellant waived this issue on appeal

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AVERY MARTEZ LAMPKINS v. COMMONWEALTH

Circuit court properly retained jurisdiction of this case; pursuant to the cooperation/immunity agreement, the Commonwealth is barred from prosecuting this case and the indictments are dismissed as the Commonwealth did not prove a breach of the agreement

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JOAN COPPEDGE v. COMMONWEALTH

Trial court did not err in admitting appellant?s statements and physical evidence as the officer effected an ?actual custodial arrest? and then conducted a search incident to the arrest

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TYRONE ALPHONSO WILSON v. COMMONWEALTH

Trial court erred by refusing to consider the proffered plea agreement reached by parties the morning of trial; as trial court had sufficient evidence to conclude that appellant was a convicted felon and in constructive possession of contraband, remanded for new trial

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COPPEDGE v. COMMONWEALTH

Trial court did not err in admitting appellant?s statements and physical evidence as the officer effected an ?actual custodial arrest? and then conducted a search incident to the arrest

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S.W. DAY CONSTRUCTION CORPORATION, et al. v. COPLON

Summary affirmance - Commission did not err in finding that employer failed to meet its burden of proving that appellee refused to cooperate with vocational rehabilitation and unjustifiably refused a bona fide offer of selective employment

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MONTAKHABI v. MONTAKHABI

This appeal is dismissed as appellant failed to provide the Court with an adequate record to determine the issues

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WILSON v. COMMONWEALTH

Trial court erred by refusing to consider the proffered plea agreement reached by parties the morning of trial; as trial court had sufficient evidence to conclude that appellant was a convicted felon and in constructive possession of contraband, remanded for new trial

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JETER v. COMMONWEALTH

Trial court did not err in admitting into evidence a lock-sealed envelope containing a substance later identified as cocaine as the Commonwealth established a proper chain of custody; because appellant failed to cite any authorities in his opening brief to support his argument that the trial court erred in denying his motion to strike, appellant waived this issue on appeal

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HILL v. SOUTHERN TANK TRANSPORT, INC., et al.

Commission did not err in finding claimant?s injury did not arise out of his employment as the accident was unexplained and claimant failed to prove the causation between employment and the accident

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LAMPKINS v. COMMONWEALTH

Circuit court properly retained jurisdiction of this case; pursuant to the cooperation/immunity agreement, the Commonwealth is barred from prosecuting this case and the indictments are dismissed as the Commonwealth did not prove a breach of the agreement

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MID-ATLANTIC BUSINESS COMMUNICATIONS, INC. v. VIRGINIA DEPT. OF MOTOR VEHICLES

In litigation under the Virginia Public Procurement Act, the trial court correctly dismissed plaintiff's motion for judgment seeking a contract payment and sustained the defendant state agency's demurrer and plea in bar based on the statute of limitations. Plaintiff's motion was not filed within six months from the date of the agency's letter embodying its final decision to deny plaintiff's demand for payment, as required under the Act, and no conduct warranting tolling of the limitations period under Code § 8.01-229(D) was committed. The trial court's judgment is affirmed.

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CARTER v. COMMONWEALTH

Defendant's conviction for assault on a police officer in violation of Code § 18.2-57(C), under circumstances where there was no showing that he had the present ability to inflict bodily injury, is affirmed. The applicable definition of assault does not require that an assailant have the actual ability to inflict bodily harm.

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