ALL STATES STEEL ERECTORS CORP., et al. v. STEELE

No error in commission's finding that claimant is entitled to permanent total benefits as evidence supports the finding that claimant has the required quantifiable functional loss of use to his upper extremities

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ROSS v. COMMONWEALTH

Trial court did not err in denying appellant's suppression motion as the officer acted within the discretion afforded him under Code Section 19.2-74(A)(1)

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BROWN v. CITY OF DANVILLE

Trial court did not err in convicting appellant of obstructing justice or in considering "all [of] the circumstances" including evidence that may have been subject to the motion to suppress as the exclusionary rule does not apply during sentencing proceedings

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FOSTER v. COMMONWEALTH

No error in trial court's application of the five-year statute of limitations to appellant's misdemeanor violation of the bad check statute

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CARY v. COMMONWEALTH

Trial court erred in excluding evidence of the victim's prior threats, and violence toward appellant, and in rejecting appellant's jury instructions on self-defense, right to arm, voluntary manslaughter and heat of passion

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PORTER v. MARTIN

Trial court did not err in retaining jurisdiction to adjudicate equitable distribution as appellant failed to timely object to the entry of the order retaining jurisdiction

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BRUMFIELD v. COMMONWEALTH

Trial court did not err in convicting appellant of petit larceny when appellant was indicted for aiding and abetting third offense larceny as a principal in the second degree, as petit larceny is a lesser-included offense of a violation of Code Section 18.2-104

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PRESBURY v. COMMONWEALTH

Trial court did not err in concluding that it had no discretion in sentencing appellant in firearm offense as the law in effect at the time of offense determines the penalty the trial court must impose

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DAVIS v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant's conviction for assault on a police officer where evidence proved officer was engaged in performance of his public duties

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IN RE: LIMA

Petition for writ of actual innocence dismissed as petitioner did not proffer evidence that was previously unknown or unavailable as required by Code Section 19.2-327.11

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IN RE: JOSHUA

Petition for writ of actual innocence dismissed where petitioner alleges DNA testing of destroyed swab would prove his innocence as "human biological evidence may not be used as the sole basis for seeking relief"

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VARNER v. COMMONWEALTH

No error in trial court's admitting the certificate of analysis as evidence proved that appellant was arrested for DUI within three hours of the offense

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EDMOND v. COMMONWEALTH

Issue raised by appellant is moot as the trial court unquestionably did exactly what appellant claims the trial court should have done

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COLES v. COMMONWEALTH

Trial court erred in convicting appellant of escape by force from the custody of a police officer as evidence failed to establish that appellant was taken into custody "on a charge of criminal offense" as required by statute

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IN RE: BARRON

Petition for a writ of actual innocence dismissed where petitioner did not prove by clear and convincing evidence that "the previously unknown or unavailable evidence is not merely cumulative, corroborative or collateral"

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WADE v. COMMONWEALTH

Trial court did not err in denying appellant's motion to suppress as appellant was not in custody for purposes of Miranda when she made her pre-arrest statements; appellate review of the certificate of blood alcohol analysis is procedurally barred pursuant to Rule 5A:18

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SHREVE v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to convict appellant of driving without a valid license as appellant's suspended license was not a "valid" license under Code Section 46.2-300

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KEY v. KEY

Trial court erred in holding that it had continuing jurisdiction to consider the issue of custody and in awarding father custody as trial court lacked authority based soley on its April 22, 2003 order to exercise continuing jurisdiction over the child custody matter

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APOLLO MINING CORPORATION, et al. v. LOONEY

No error in commission's award of temporary disability benefits to appellee as credible evidence supports its finding that appellee's injury was casually related to the industrial accident

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BROCK v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant's conviction for possession of cocaine with intent to distribute

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LEWIS v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to prove that appellant possessed heroin; trial court did not abuse its discretion in permitting the Commonwealth to pose the challenged hypothetical to its expert witness

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HOYT v. COMMONWEALTH

Trial court erred in denying appellant's motion to strike the abduction and related firearm charge as the abduction was incidental to appellant's commission of robbery

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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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