CHARLES v. LITE?TECH, INC. , et al.

Commission did not err in finding that claimant?s right wrist carpal tunnel syndrome was a compensable consequence of his initial compensable injury, that his change-in-condition application was timely filed, and that claimant reasonably marketed his residual work capacity

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LITE?TECH, INC., et al. v. CHARLES

Commission did not err in finding that claimant?s right wrist carpal tunnel syndrome was a compensable consequence of his initial compensable injury, that his change-in-condition application was timely filed, and that claimant reasonably marketed his residual work capacity

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SUPERMARKET EXPRESS, L.L.C. v. COMMONWEALTH, et al.

Trial court did not err in affirming the suspension of appellant?s wine and beer on and off premises and mixed beverage restaurant licenses by the Virginia Alcoholic Beverage Control Board

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HARRISON v. COMMONWEALTH

No error in trial court?s finding that appellant violated the terms of his probation of his 1989 suspended sentence

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TYLER v. COMMONWEALTH

Trial court did not err in admitting a certificate of analysis as evidence proved with reasonable certainty that the seized items had not been altered, substituted, or contaminated prior to analysis

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RUFFIN v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant?s conviction of possession of cocaine in violation of Code Section 18.2-250

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ROCK v. COMMONWEALTH

Trial court did not abuse its discretion by admitting the victim impact testimony during the sentencing proceeding as the murder victim?s brother and mother of his children satisfied the legal definition of victim under Code Section 19.2-11.01(B)

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SNYDER v. COUNTY OF YORK (FIRE), et al.

Commission did not err in denying claimants? motion to reopen the record and for a remand to submit additional medical evidence in support of their claim and in finding that the evidence proved that the deceased?s lung cancer was caused by his cigarette smoking and not his occupational exposure to toxic substances

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COOPER v. VIRGINIA BEACH DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in finding evidence sufficient to satisfy the statutory requirements of Code Section 16.1-283(C)(2) and establish that the termination of appellant?s residual parental rights was in the child?s best interest

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FILOSO v. PRINCE WILLIAM COUNTY SCHOOL BOARD

Commission did not err in denying appellant?s claim for temporary total disability benefits and medical benefits as appellant?s claim is barred by the statute of limitations

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GHODS v. MUSICK

Trial court did not err in finding the evidence as presented before the Commissioner sufficient to establish desertion as the basis for divorce, requiring wife to pay husband the difference between his full retirement benefits and his reduced retirement benefits and awarding husband 95% of the marital home

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SAMMAN v. STEBER

Trial court did not err in awarding sole custody of the parties? minor child to wife, considering the case as an initial custody determination, qualifying a witness as an expert in the law of international child abduction, finding appellant?s treating therapist?s testimony insufficient to adequately address appellant?s mental health and ensure a safe environment for the child

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JOHNSON v. COMMONWEALTH

Trial court did not err in convicting appellant of driving as a habitual offender; trial court erred in admitting certificate of analysis into evidence

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HAWKINS v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to convict appellant of two counts of aggravated sexual battery

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MARCHIOLI-ACRA v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to convict appellant of taking indecent liberties with a child while in a custodial or supervisory relationship

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SIMONE v. COMMONWEALTH

Trial court erred in convicting appellant of four counts of possession of child pornography as appellant, as a prior tenant, did not have sufficient dominion and control over the computer on June 29, 2002 to conclude that he possessed the images contained therein on that date

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BURNS v. WARDEN (ORDER)

Code § 8.01-654.2 alters the normal procedures applicable both to direct appeals and habeas corpus proceedings in a very limited number of cases and creates a separate procedure for determining the specific claim of mental retardation. Since the present petitioner's claim of mental retardation has been found not frivolous, the procedures required by Code § 8.01-654.2 entitle him upon remand to have the claim of mental retardation determined by a jury because he was originally tried by a jury in a capital murder prosecution. (See related proceeding, 020971, Burns v. Warden, June 10, 2004.)

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GEORGE JULIOUS ROE, S/K/A GEORGE JULIUS ROE v. COMMONWEALTH

Trial court did not err in allowing the Commonwealth to reindict appellant on the same offenses for which indictments had previously been dismissed as the motion to dismiss the indictments was a nolle prosequi

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THOMAS W. BOMAR v. AVA W. BOMAR

Trial judge erred in ordering the transfer of the martial residence to the wife while requiring the husband to remain liable on the mortgage as statute permits the judge to order refinancing or other safe guards; trial judge did not err in awarding spousal support

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LEROY LESLIE KELLY, JR. v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the police officers ?followed in the footsteps? of the firefighters an did not exceed the permissible scope of their intrusion

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ROSHAN BURNS v. CHARLOTTESVILLE DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in finding evidence sufficient to support a termination of appellant?s residual parental rights and in admitting hearsay evidence contained within the foster care service plans as the plans qualified for admission into evidence at the termination hearing pursuant to Code Section 8.01-390(A)

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DAVID SOUTH AND ZELMA SOUTH v. JENNIFER REBECCA SOUTH

Trial court did not err in granting appellee custody of her infant child as appellants offered no evidence of actual harm to the child if placed in the custody of mother, as was their burden to show

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ROY L. PEARSON, JR. v. RHONDA S. VANLOWE

Trial court did not err in determining the date of separation, granting wife a divorce on that basis, and awarding attorney?s fees to wife; trial court erred in omitting husband?s right to a reservation of future support from the final decree

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KERRY LENELL BOONE v. COMMONWEALTH

Trial court erred in convicting appellant of felony escape in violation of Code Section 18.2-479(B) as the evidence failed to prove the elements of the offense

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ROE v. COMMONWEALTH

Trial court did not err in allowing the Commonwealth to reindict appellant on the same offenses for which indictments had previously been dismissed as the motion to dismiss the indictments was a nolle prosequi

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BOMAR v. BOMAR

Trial judge erred in ordering the transfer of the martial residence to the wife while requiring the husband to remain liable on the mortgage as statute permits the judge to order refinancing or other safe guards; trial judge did not err in awarding spousal support

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KELLY v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress as the police officers ?followed in the footsteps? of the firefighters an did not exceed the permissible scope of their intrusion

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BURNS v. CHARLOTTESVILLE DEPARTMENT OF SOCIAL SERVICES

Trial court did not err in finding evidence sufficient to support a termination of appellant?s residual parental rights and in admitting hearsay evidence contained within the foster care service plans as the plans qualified for admission into evidence at the termination hearing pursuant to Code Section 8.01-390(A)

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SOUTH v. SOUTH

Trial court did not err in granting appellee custody of her infant child as appellants offered no evidence of actual harm to the child if placed in the custody of mother, as was their burden to show

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PEARSON v. VANLOWE

Trial court did not err in determining the date of separation, granting wife a divorce on that basis, and awarding attorney?s fees to wife; trial court erred in omitting husband?s right to a reservation of future support from the final decree

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BOONE v. COMMONWEALTH

Trial court erred in convicting appellant of felony escape in violation of Code Section 18.2-479(B) as the evidence failed to prove the elements of the offense

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GAS MART CORP. v. BOARD OF SUPERVISORS

In resolving a number of complaints challenging the validity of revisions to a county's zoning ordinance, the trial court erred in ruling on the sufficiency of descriptive summaries in the public hearing notices as they related to certain changes in "Design Policies" and to the geographic areas of the county affected by proposed rezoning. In all other respects, the trial court's dispositions are affirmed in this interlocutory appeal. The matter is remanded for further proceedings consistent with this opinion.

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COMMONWEALTH v. ALLEN

The trial judge did not err in ruling that the Commonwealth failed to meet its burden of proof in a petition pursuant to Code § 37.1-70.6(A) to civilly commit a prisoner nearing the end of his prison term to the custody of a secure mental institution as a sexually violent predator. The trial court did not err under then-applicable law in admitting testimony of the defense expert witness, a psychologist not licensed to practice in Virginia, or in applying the correct standards under the statutes. The judgment dismissing the Commonwealth's petition is affirmed.

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LEWIS v. COMMONWEALTH

In a murder and robbery prosecution, the Commonwealth's Attorney's repeated questioning of an alibi witness concerning criminal activity involving the defendant but unrelated to the charged offenses was prejudicial, and the Court of Appeals erred in approving the circuit court?s judgment entered upon a denial of the defendant?s mistrial motion.

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BENTLEY FUNDING GROUP v. SK&R GROUP

In a dispute over ownership of cash erosion control escrow deposits, the trial court erred in finding that a development company's failure to list the escrows as assets in bankruptcy filings precluded its ownership claim, in determining that a contract conveying the property to a new purchaser transferred the escrows to the purchaser (either as purchased property or as development rights), and in determining that the developer's principal had no claim to the escrows. The judgment is reversed and the case remanded for a determination of the ownership of the escrows as between the development company and its principal.

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VINEY v. COMMONWEALTH

The evidence was sufficient to support the defendant's conviction on two counts of taking indecent liberties with a child in violation of Code § 18.2-370, where the defendant's eye contact with the victims, his glance in the direction of his groin, and his conduct subsequent thereto established the lascivious intent required by the statute. The judgment of the Court of Appeals upholding his convictions is affirmed.

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JACKSON v. FIDELITY AND DEPOSIT COMPANY

The trial court erred in ignoring the plain language of a will when it failed to accord full spendthrift protection to a trust, barring garnishment. Further, the trial court erred in concluding that a non-statutory exception to the provisions of Code § 55-19 could be created to permit a beneficiary?s creditor to attach the beneficiary?s interest in a trust where that beneficiary had committed a breach of fiduciary duty resulting in his liability. The judgment of the trial court is reversed and final judgment is entered on behalf of the trustee.

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